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[Determination of Quorum / Meeting Called to Order ]

[00:00:09]

RIGHT.

UH, THIS IS, I'M BRINGING THIS MEETING OF THE PLANNING COMMISSION TO ORDER AT, UH, 6:24 PM, AUGUST 23RD, 2022.

UM, WE'RE GOING TO GO, UM, MR. RIVERA, DO YOU WANT US TO GO AHEAD AND RECESS TO CONTINUE TO ADDRESS THE TECHNICAL ISSUES? SURE.

IF THE COMMISSION COULD DO SO, THAT THAT'D BE GREAT.

HOW MANY MINUTES DO YOU THINK WE MIGHT WANT TO RECESS FOR 30 MINUTES 30.

OKAY.

UH, COMMISSIONERS, WE'RE GOING TO GO AND TAKE A 30 MINUTE RECESS TO TRY TO WORK THROUGH THE TECHNICAL ISSUES WE'RE HAVING, UH, STAY.

UM, YEAH, SO 30 MINUTES AND PLEASE BE BACK PROMPTLY.

THANK YOU.

AND THE PLANNING COMMISSION BACK TO ORDER AT 6:54 PM APOLOGIZED SOLID FOLKS OUT THERE.

UM, SEVEN A FEW TECHNICAL ISSUES THAT WE'VE RESOLVED HERE.

UM, I'M GONNA GO AHEAD AND RESUME WITH THE, UM, ROLL CALL, TRY TO GET THROUGH THIS QUICKLY AND MAKE UP SOME TIME HERE.

UM, SO WE'LL START WITH THOSE ON THE DIOCESE.

UM, ON MY LEFT, UH, GOING LEFT TO RIGHT.

I STARTED WITH MR. ANDERSON HERE.

MR. FLORES HERE, CHAIR.

TODD SHAW IS HERE.

MR. SHEA HERE.

SURE.

THOMPSON HERE.

AND, UH, GOING TO MOVE TO THE SCREEN HERE AS I SEE YOU GUYS, UH, COMMISSIONER HOWARD, UH, VICE CHAIR, HIPPO COMMISSIONER SNYDER HERE, AND THEN WE HAVE, UH, COMMISSIONER AZHAR HERE AND OKAY.

UH, WE HAVE COMMISSIONER COX.

MR. COX.

CAN YOU HEAR ME? COMMISSIONER COX? HELLO, LET'S GO AHEAD AND JUMP COMMISSIONER MITCH TODDLER I'M HERE.

OKAY.

UM, MUST BE HAVING AN ISSUE WITH COMMISSIONER COX.

YOU CAN'T HEAR ME? UM, SO IT'S GOING TO GET THROUGH THIS.

UH, SO LET'S SEE.

UH, ALRIGHT, LET'S ROLL CALL.

WE'LL TRY TO RESOLVE COMMISSIONER COX'S ISSUE HERE IN A SECOND.

UH, WE ALSO HAVE, I THINK SOMEWHERE IN THE, UH, CHAMBERS, UH, YEP.

UH, CHAIR COHEN, WHO WILL BE JOINING US SHORTLY.

UM, MR. COX, CAN YOU HEAR ME YET? OKAY.

UH, MR. RIVERA, UM, I'M GOING TO TEXT HIM, JUST PASS TESTS.

CAN YOU HEAR US? OH, I CAN HEAR YOU COMMISSIONER COX.

CAN YOU HEAR ME? UM, I, I CAN READ YOU, UM, ON THE CAPTIONS WHOEVER'S DOING THE CAPTIONS, BUT WE CAN'T, I DON'T THINK, I DON'T THINK WE CAN HEAR YOU.

SO CAN ANY OF YOU HEAR ME RAISE YOUR HAND IF YOU CAN HEAR ME OKAY.

YEAH.

COMMISSIONER COX, I THINK IT'S.

YEAH.

RIGHT.

OKAY.

WELL, LET'S, UH, MAYBE CHECK YOUR SETTINGS ONE MORE TIME.

COMMISSIONER COX.

WE'LL GO AHEAD AND, UM, MOVE THROUGH SOME, JUST, UH, FORMALITIES HERE.

UH, SO LET'S START OUT.

I THINK WE'VE GOT JUST TO LET FOLKS KNOW THIS IS A HYBRID MEETING, SO YOU'VE GOT FOLKS PARTICIPATING ON, UM, VIRTUALLY AND ALSO HERE IN THE MEETING, UH, BOTH SPEAKERS AND COMMISSIONERS.

AND, UM, IF YOU DO, UH, I THINK WE JUST HAVE A COUPLE OF DISCUSSION CASES, BUT IF YOU ARE HERE FOR, UH, UH, THE LATTER ONE, UH, IN YOUR, OUT IN THE ATRIUM, YOU WILL BE NOTIFIED ABOUT 15 MINUTES OUT, UH, WHEN THAT ITEM IS SUPPOSED TO COME UP.

UH, SO REAL QUICK HERE, UH, COMMISSIONERS, UM, ONLINE, PLEASE HAVE YOUR GREEN, RED, YELLOW CARDS AVAILABLE, HELP, UH, MAKE IT EASIER FOR ME TO TELL YOU IT BOATS AND, UH, REALLY JUST REMEMBER TO KEEP YOUR, UH, BE MUTED UNTIL I CALL ON YOU.

UH, RAISE YOUR HAND AND I'LL CALL IT.

UM, THEN GO AHEAD AND GET OFF MUTE.

UH, LOOK, WE'LL GO AHEAD AND MOVE TO, UH, THE NEXT AGENDA ITEM, UH, WHICH IS, UH, GOT, WELL, LET'S GO AND BACK UP ONE SECOND.

WE'VE GOT THE APPROVAL OF THE MINUTES.

WE'LL GO AHEAD.

UH, COMMISSIONERS, DID ANYONE HAVE ANY CHANGES TO THE MINUTES FROM OUR MEETING ON AUGUST 9TH? OKAY.

W WE'LL GO AHEAD AND ROLL THAT INTO THE CONSENT AGENDA.

AND, UM, AND I THINK

[00:05:01]

WE HAVE ONE PERSON TO SPEAK ON OUR PUBLIC COMMUNICATION CHAIR, COMMISSIONER LAYS ON ENVER.

THAT IS CORRECT.

WE HAD MS. SUSAN ALMANZA PRESENT TO SPEAK DURING POST CHAIR.

I BELIEVE, UM, THE PARTICIPANT, UH, LEFT HOME, BUT, UM, AS SOON AS SHE RETURNS, AT SOME POINT, IF SHE CAN HAVE AN OPPORTUNITY TO PROVIDE HER REMARKS.

SURE.

UH, NO OBJECTIONS FOR TAKING ITEMS THAT ORDERED IF SHE RETURNS.

OKAY.

ALL RIGHT.

I GUESS WE'LL ALLOW THAT.

OKAY.

UM,

[Reading of the Agenda ]

WE'RE GOING TO GO AHEAD AND MOVE ON TO, UM, THE FIRST READING OF THE CONSENT AGENDA.

AND I HAVE A COMMISSIONER, FLORIDA IS GOING TO HELP ME WITH THE FIRST READING.

THANK YOU, JERRY SHAW.

ALL RIGHT.

WE HAVE APPROVAL OF MINUTES.

ONE APPROVE THE MINUTES OF AUGUST 9TH, 2022 PUBLIC HEARINGS TO PLAN AMENDMENT NPA 20 19 0 0 1 3 0.01 COPELAND SOUTH STAFF POSTPONEMENT TO SEPTEMBER 27TH.

NUMBER THREE, PLAN AMENDMENT NPA 20 21 0 0 0 5 0.02 MONTOPOLIS MULTI-FAMILY.

THAT IS AN APPLICANT POSTPONEMENT TO OCTOBER 11TH NUMBER BEFORE PLAN AMENDMENT NPA 20 21 0 0 2 1 0.0 TO 1406 TO 1506 PARKER LANE.

THAT ITEM HAS BEEN WITHDRAWN.

FIVE REZONINGS C 14 20 21 0 1 3 9 14 0 6, 15 0 6 PARKER LANE.

THAT ITEM HAS BEEN WITHDRAWN.

SIX PLAN AMENDMENT NPA 20 22 0 0 1 4 0.0 1 31, 11 AND 31 12 CASEY BRIDGE COURT.

THE ITEM IS UP FOR CONSENT SEVEN REZONING C 14 20 22 0 0 6 0 31 11 CASEY BRIDGE COURT.

THAT ITEM IS UP FOR CONSENT.

EIGHT PLAN AMENDMENT NPA 20 22 0 0 2 3 0.01 POINT S H 51 0 7 TO 51 15.

LANCASTER.

THAT ITEM IS A UP FOR APPLICANT POSTPONEMENT TO SEPTEMBER 13TH, NINE REZONING C 14 20 22 0 0 8 1 8 POINT S H 51 0 7 TO 51 15.

LANCASTER, THAT ITEM ISN'T TO SEPTEMBER 13TH, 10 REZONING C 14 20 22 0 0 8, 7 87 0 1 NORTH MOPAC.

THAT ITEM IS UP FOR STAFF POSTPONEMENT TO SEPTEMBER 13TH, 11 RESTRICTIVE COVENANT TERMINATION, C 14 R 82 0 1 6, RCT 87 0 1 AND 86 27 NORTH MOPAC.

RCT.

THAT ITEM IS UP FOR STAFF POSTPONEMENT TO SEPTEMBER 13TH, 12, REZONING C 14 20 22 0 0 4 7 7 0 1 AND 7 0 3 HIGHLAND AVENUE.

REZONING.

THAT ITEM IS UP FOR APPLICANT INDEFINITE POSTPONEMENT 13, REZONING C 14 20 22 0 0 5 2 EAST 12TH, FLINT.

THIS, THAT ITEM IS UP FOR CONSENT.

14, REZONING CA 4 92 0 0 0 6 0.02 SETON MEDICAL CENTER, PUD AMENDMENT.

NUMBER TWO, THAT ITEM IS UP FOR NEIGHBORHOOD POSTPONEMENT REQUEST TO SEPTEMBER 27TH.

AND THE APPLICANT IS AN AGREEMENT FOR 15 REZONINGS C 14 20 22 0 0 7 0 SPRINGDALE COMMERCIAL TRACK TO, TO AMENDMENT AMENDED.

THAT ITEM IS UP FOR STAFF POSTPONEMENT TO SEPTEMBER 27 16, REZONING REZONING C 14 20 22 0 0 1 5 SPRINGDALE COMMERCIAL.

THAT ITEM IS AT PER STAFF POSTPONEMENT TO SEPTEMBER 27TH, 17, HISTORIC ZONING C 14 H 20 22 0 0 9 8, DON DONNELY.

GOOD WALTON HOUSE.

THAT ITEM IS UP FOR CONSENT 18, HISTORIC ZONING C 14 H 20 22 0 0 7 3 WESTGATE TOWER.

UM, THAT ITEM IS UP FOR DISCUSSION C 19 OR 19 HISTORIC ZONING, C 14 H 20 22 0 0 9 9 DELISLE HOUSE.

THAT ITEM IS UP OR POSTPONEMENT TO, UH, SEPTEMBER 27TH.

UM, AND THE APPLICANT IS NOT IN AGREEMENT.

UH, 20 SITE PLAN S PC 20 21 0 3 4 0

[00:10:01]

C DOVE SPRINGS PUBLIC HEALTH FACILITY.

THAT ITEM IS UP FOR CONSENT.

THAT IS THE CONSENT AGENDA.

OKAY, THANK YOU, MR. FLORES, WOULD THAT HELP? UM, OKAY.

JUST A CLARIFICATION.

SO MR. RIVERA ON ITEM B 19, IS THAT GOING TO BE DISCUSSION POSTPONEMENT? WE'LL TAKE THAT UP FIRST.

SURE.

COMMISSIONER LAYS ON NINE VERY YESTERDAY IS CORRECT.

AND YOU'LL DISPOSE OF THE CONSENT AGENDA AND THEN WE'LL PROCEED TO THE DISCUSSION.

THANK YOU.

ALL RIGHT,

[Consent Agenda ]

SO I'M GOING TO GO AND READ THIS ONE MORE TIME AND THEN WE'LL TAKE A VOTE.

UH, OKAY.

UH, SO THE FIRST ITEM IS OUR, UH, MINUTES FROM AUGUST 9TH AND MOVING ON TO REAL QUICK, UH, AND, UM, UH, TWO, WE HAVE, UM, PLAN AMENDMENT STAFF POSTPONEMENT TO SEPTEMBER 27TH.

ITEM THREE, PLAN AMENDMENT IS APPLICANT POSTPONEMENT TALKED OVER 11 AND A BEFORE.

PLAN AMENDMENT IS WITHDRAWN.

ITEM FIVE.

REZONING IS WITHDRAWN ITEM SIX.

PLAN AMENDMENT IS ON CONSENT ITEM SEVEN REZONING IS ON CONSENT ITEM EIGHT PLAN AMENDMENT APPLICANT POSTPONEMENT TO SEPTEMBER 13TH, ITEM NINE, REZONING APPLICANT POSTPONEMENT TO SEPTEMBER 13TH, ITEM 10 REZONING STAFF CAUSE MOMENT TO SEPTEMBER 13TH, ITEM 11, RESTRICTIVE COVENANT TERMINATION, STEPH POSTPONEMENT TO SEPTEMBER 13TH.

ITEM B 12 REZONING APPLICANT INDEFINITE POSTPONEMENT ITEM 13 REZONING ON CONSENT ITEM 14 REZONING NEIGHBORHOOD POSTPONEMENT REQUESTS, SEPTEMBER 27TH APPLICANT IN AGREEMENT ITEM 15 REZONING STAFF POSTPONEMENT TO SEPTEMBER 27, 16 REZONING STAFF POSTPONEMENT TO SEPTEMBER 27TH.

HE'S UH, SORRY.

17 HAS STARTED ZONING CONSENT, SIGNED CONSENT AGENDA 18.

HISTORIC ZONING IS, UH, OUR FIRST DISCUSSION CASE AND THEN B 19 HISTORIC ZONING CASE, UH, GOLIATH HOUSE.

UM, WE WILL TAKE UP NEXT IS A DISCUSS DISCUSSION POSTPONEMENT AND OH, AND THEN 20 SITE PLAN IS ON THE CONSENT AGENDA.

ALL RIGHT, COMMISSIONERS, DO WE HAVE ANY QUESTIONS, COMMENTS BEFORE WE, UH, APPROVE THIS? ALL RIGHT.

HEARING NONE.

DO I HAVE A MOTION TO, UM, CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA, INCLUDING THE MINUTES FROM OUR LAST MEETING? UH, GOT CHAIR, UH, COMMISSIONER THOMPSON SECONDED BY COMMISSIONER SCHNEIDER.

THAT'S GOING TO TAKE A VOTE, UH, THOSE ON THE DIAS AND THOSE ATTENDING VIRTUALLY.

ALL RIGHT, THANK YOU.

THAT'S UNANIMOUS.

AND SO WE'VE GOT COMMISSIONER COX ALL SQUARED AWAY THINKING NEAREST NOW.

VERY GOOD.

[19. C14H-2022-0099 - Delisle House; District 10 ]

OKAY.

SO OUR FIRST CASE IS DISCUSSION POSTPONEMENT ON V 19.

AND JUST SO EVERYBODY KNOWS, UH, WHAT WE'RE DOING HERE IS WE ARE NOT DISCUSSING THE MERITS OF THE CASE JUST OF THE POSTPONEMENT ITSELF.

AND SO WE HAVE THE, UM, WE'LL ALLOW THE SPEAKERS THAT ARE IN FAVOR OF THE POSTPONEMENT.

UH, THE FIRST FEW CRAWL AT THREE MINUTES FOLLOWED BY THE SECOND SPEAKER WILL HAVE TWO MINUTES.

IF THERE IS A SECOND SPEAKER FOLLOWED BY THE, UH, PARTIES THAT ARE AGAINST THE POSTPONEMENT.

UM, FIRST SPEAKER WILL HAVE THREE MINUTES FOLLOWED BY A SECOND.

SPEAKER WILL HAVE TWO MINUTES.

SO, UH, WE'LL GO AHEAD AND HEAR FOUR, UH, FROM THE PARTY THAT'S REQUESTING THE POSTPONEMENT.

YOU'LL HAVE THREE MINUTES, LIKE A JOE ROLE FIRST HERE FOR MS. MARY KALE.

JUST TELL HIM YOU'LL HAVE, IS THIS TURNED ON? OKAY.

UM, SO GOOD EVENING COMMISSIONERS.

THANK YOU FOR YOUR SERVICE TO THE CITY OF AUSTIN.

UM, MY NAME IS MARY KALE AND I'M A VOLUNTEER WITH PRESERVATION AUSTIN.

I COACH HERE THEIR ADVOCACY COMMITTEE, AND I'M ALSO A GRAD STUDENT AT TEXAS STATE UNIVERSITY IN THEIR PUBLIC HISTORY DEPARTMENT.

UM, I'M A VOLUNTEER IN MULTIPLE VENUES THROUGHOUT THE CITY.

SO MY HEART IS REALLY IN, IN WHAT WE'RE TALKING TONIGHT AND I REALIZED THIS IS JUST THE POSTPONEMENT REQUEST.

SO, UM, I'M SPEAKING TO REQUEST A POSTPONEMENT ON THE 2002 SCENIC DRIVE DELISLE HOUSE CASE.

[00:15:01]

I'M SPEAKING ON BEHALF OF MULTIPLE OTHER STAKEHOLDERS WHO, UH, FOR VARIOUS REASONS, UM, COULDN'T BE HERE TONIGHT AND I'LL GO OVER THAT A LITTLE BIT.

UM, SO IT'S NOT JUST ME SPEAKING FOR PRESERVATION AUSTIN.

I'VE BEEN CALLED AT THE LAST MINUTE HERE TO SPEAK FOR LOTS OF OTHER PEOPLE.

UM, SO WE'RE REQUESTING THE POSTPONEMENT, WHICH IS THE FIRST POSTPONEMENT REQUESTED ON THIS CASE ON THE FOLLOWING GROUNDS.

UM, WE HAVE SOME CONCERNS AND THE STAKEHOLDERS THAT ARE ALSO HAVE BEEN COMMUNICATING WITH ME, WE HAVE SOME CONCERNS THAT THE BACKUP MATERIALS ARE NOT REFLECTIVE OF ALL THAT WAS PRESENTED AT THE MOST RECENT HLC MEETING AT WHICH THIS CASE WAS DISCUSSED AND, UH, ARE REVIEWED AND PUBLIC COMMENTS GENERALLY ON THIS CASE.

SO THERE ARE SOME CONCERNS OUT OF THAT.

ALL THE INFORMATION HAS NOT BEEN, UH, MADE AVAILABLE TO Y'ALL OR THAT WAS DONE AT TOO LATE IN THE GAME FOR Y'ALL TO HAVE, UM, ADEQUATE OPPORTUNITY TO REVIEW IT.

UM, IT'S CRITICALLY IMPORTANT THAT YOU AS COMMISSIONERS HAVE ACCESS TO ALL THIS INFORMATION SO THAT WHEN YOU TAKE UP THE MERITS OF THIS CASE, YOU CAN REVIEW THEM ADEQUATELY.

UM, I WOULD ALSO SAY, UM, THIS IS THE FIRST POSTPONEMENT REQUEST.

SO, UM, I KNOW THAT WE DON'T LIKE TO PUNT THINGS DOWN THE ROAD, BUT, UM, IT'S, IT'S ALSO IMPORTANT TO VALIDATE WHEN THEY'RE LEGITIMATE CONCERNS.

UM, THE TIMING OF TONIGHT'S MEETING IS POOR FOR SEVERAL REASONS.

UM, IT'S THE FIRST WEEK OF CLASS, I'M A GRAD STUDENT.

THIS IS MY FIRST WEEK OF CLASS.

IT IS ALL I COULD DO TO PULL THINGS TOGETHER FOR TONIGHT AND BE HERE.

I'M TRYING TO WHIP TOGETHER A THESIS.

UM, MANY OF THE COMMUNITY MEMBERS WHO HAVE, WHO ARE INVESTED AND PASSIONATE ABOUT THIS ARE CURRENTLY OUT OF TOWN.

THIS IS TYPICALLY A TIME WHEN A LOT OF PEOPLE ARE OUT OF TOWN, UM, INCLUDING MYSELF UP UNTIL FAIRLY RECENTLY.

SO I WOULD SAY ON THOSE MERITS, UM, EXCUSE ME, FOR THOSE REASONS, I WOULD RESPECTFULLY REQUEST A POSTPONEMENT OF THIS CASE.

THANK YOU VERY MUCH.

THANK YOU.

NOW WE'LL HEAR FROM MR. FAULTY, MISS HOLLY Y'ALL HAVE TWO MINUTES, BUT EVENING I AM AILA FALVEY.

AND I AGREE WITH EVERYTHING THAT MARY SAID.

I WAS TRYING TO TRACK, UM, ADDITIONAL INPUT, UH, TO THE PLANNING COMMISSION.

AND I KEPT CHECKING THE AGENDA FOR THE 23RD AND I WAS TOLD IT WOULD BE POSTED ON FRIDAY AND IT HADN'T BEEN THERE.

AND I KNOW THAT THERE'S ADDITIONAL FROM ADDITIONAL CONCERN, CITIZENS THAT WANT THEIR INPUT, UM, CONSIDERED ALSO LIKE I HAVE IN MY HAND, UM, A LEATHER WRITTEN BY DAVID BROWN, WHO IS OUR PRIMARY, UM, YOU KNOW, MEMBER OF OUR LITTLE GROUP.

AND HE'S IN ECUADOR FINISHING UP THE RESEARCH THAT HE'S BEEN DOING FOR A COUPLE OF MONTHS.

SO, UM, I JUST DON'T THINK YOU HAVE ALL THE INFORMATION.

AND THEN ON OUR SIDE, WE DON'T HAVE ALL OF THE PEOPLE THAT WE WOULD LIKE TO HAVE COME SPEAK TO YOU.

SO FOR THAT REASON, I AM ALSO REQUESTING A POSTPONEMENT.

SO THANK YOU.

AND WE'LL WAIT.

THANK YOU, MS. BOBBY, WE'LL NOW HEAR FROM THE OPPOSITION, MR. WAYLAND.

YOU'LL HAVE THREE MINUTES.

THANK YOU, COMMISSIONERS.

UM, MICHAEL WHALEN ON BEHALF OF THE APPLICANT, THE OWNER OF THE PROPERTY AS WELL.

UM, FIRST I WOULD JUST LIKE TO NOTE THAT THE REASON OFFERED FOR THE POSTPONEMENT AND THE REQUEST, UH, WHICH CAME AT 4:00 PM TODAY, I BELIEVE HAS BEEN REMEDY AND THE BACK OF MATERIALS ARE COMPLETE.

MOST OF WHICH WAS, UH, SLIDES FROM OUR PRESENTATION AND OUR INFORMATION.

THERE WERE SOME LETTERS, UH, THAT WERE IN THERE, I THINK THREE OR FOUR, UH, LETTERS.

ADDITIONALLY, I WANTED TO NOTE THAT PROCEDURALLY HISTORIC CASES ARE NOT YOUR TYPICAL ZONING CASE.

THERE'S A WHOLE PRIOR AS YOU WELL KNOW, LANDMARK COMMISSION PROCESS THAT EXTENDS THE TIMELINE BEYOND WHAT YOU WOULD NORMALLY SEE IN A TRADITIONAL ZONING CASE.

FOR INSTANCE, IN THIS CASE, WE'VE BEEN IN PROCESS FOR OVER FIVE MONTHS AND HAVE ALREADY APPEARED ON THREE LANDMARK COMMISSION AGENDAS.

AND NOW ON TWO PLANNING COMMISSION AGENDAS, WE HAD PRIOR POSTPONEMENTS ON MAY 4TH AT THE LANDMARK COMMISSION AND ON AUGUST 9TH AT THE PLANNING COMMISSION BY STAFF ALSO IN STAFF CAN PROBABLY SPEAK TO THIS BETTER THAN I CAN, BUT I THINK

[00:20:01]

THAT PLANNING COMMISSION POSTPONED A BUNCH OF DISCUSSION CASES LAST MEETING.

AND AS YOU JUST HEARD HAS NOW POSTPONED MANY OF THE AGENDA ITEMS FROM TODAY.

SO, AND AGAIN, STAFF WOULD HAVE TO CONFIRM THIS, THAT YOU MAY ALREADY HAVE A FULL SEPTEMBER 13TH AGENDA.

UH, I'M ALSO NOT SURE WHAT IS GOING TO BE ON THAT AGENDA SUBSTANTIVELY WHETHER IT'S CODE AMENDMENTS.

I KNOW YOU'VE GOT A BRIEFING AND OF COURSE, WHAT WILL THEN GET POSTPONED FROM THAT, UH, HEARING AS WELL.

SO, UH, WITH THAT IN MIND, WE THINK IT'S REASONABLE TO TAKE UP THIS CASE TONIGHT.

UH, THERE WILL BE OBVIOUSLY IN ADDITION TO THIS HEARING A FULL HEARING AND A FULL PROCESS AT THE CITY COUNCIL, WE'VE HAD LANDMARK COMMISSION, SAME NEIGHBORS HAVE APPEARED AT LANDMARK COMMISSION.

UH, THEY APPEARED AND THEY'VE APPEARED HERE AGAIN.

SO GIVEN THAT CONTEXT, THE NUMBER OF HEARINGS THAT HAVE BEEN INVOLVED, UH, THE AMOUNT OF INFORMATION THAT HAS BEEN MADE AVAILABLE AND THE TIMEFRAME THAT THE NEIGHBORS HAVE HAD SINCE MAY 4TH TO GATHER INFORMATION, UH, AND MAKE IT AVAILABLE, WE HOPE THAT YOU WILL DENY THE POSTPONEMENT REQUEST HERE, THIS ITEM STAFF'S READY, WE'RE READY.

AND, UH, AND I THANK YOU FOR THAT CONSIDERATION CHAIR THAT CONCLUDES THE SPEAKERS ON THE POSTPONEMENT.

OKAY.

THANK YOU.

UH, COMMISSIONERS.

NOW WE KIND OF, UH, OPEN IT UP TO QUESTIONS.

GO AHEAD AND DO OUR USUAL EIGHT AT, UH, FIVE MINUTES, UM, WHO HAS THE FIRST QUESTION? UH, VICE-CHAIR HUMBLE AND THIS SHOULD BE QUICK, BUT, UM, CAN STAFF REMIND ME WHY THE POSTPONEMENT, UH, OR WHY THERE'S POSTPONEMENT ON AUGUST 9TH? SURE.

COMMISSIONER LIAISON AND EMBARRASS.

SO THE COMMISSION, UH, TOOK UP AT THE, UM, CODE AMENDMENT THAT, UM, UTILIZED A LARGE AMOUNT OF TIME FOR THAT EVENING.

UM, SO IT WAS A PLANNING COMMISSION POSTPONEMENT, AND IT WAS BASICALLY A CONSENT AGENDA ONLY MADE MAIDEN.

OH, RIGHT.

OKAY.

THANK YOU.

UH, THAT'S HER SHIT.

QUICK QUESTION FOR, WELL, I HAVE QUESTION FOR STAFF.

UM, SO HOW MANY PAGES ARE SUPPOSED TO ARE, IS IN OUR BACKUP THAT YOU SEE, BECAUSE I SEE WHAT 26 PAGES OR SOMETHING IS THAT RIGHT? SURE.

COMMISSIONER LEADS ON ANDOVER, PICO ONLINE ON YOU'LL NOTICE THAT THERE IS THE STAFF REPORT THAT THERE IS COMMUNICATIONS PART ONE AND PART TWO, AND THEN I BELIEVE THERE'S ALSO AN ADDITIONAL FILE AS WELL.

OKAY.

SO WHAT I SEE IS THERE'S BASICALLY TWO, ONE OF THEM IS WHAT, 26 PAGES.

AND THEN THERE'S PUBLIC COMMENT, BUT THERE'S ONLY LIKE ONE PERSON ON THAT.

AND THEN, AND THEN THAT'S IT.

AND MY UNDERSTANDING THE HLC STUFF WAS, WAS IT LIKE 96 PAGES OR SOME 101 PAGES.

SO THERE'S MISSING A LOT OF PAGES.

UM, SO THAT'S KIND OF CONCERNING TO US THAT, YOU KNOW, WE, WE DIDN'T GET ALL OF THE INFORMATION.

UM, AND I DON'T KNOW IF STEFAN'S VERIFY BECAUSE IT SOUNDS LIKE THE OPPOSITES AND SUCH IT WAS RECTIFIED, BUT I DON'T SEE IT RECTIFIED IN, IN WHAT IS POSTED RIGHT NOW.

SO I HAVE A CONCERN ABOUT THAT.

UM, I HAVE A QUESTION FOR THE REQUESTS THE NEIGHBORHOOD WAS REQUESTING, OR THE PRESERVATION AUSTIN WHOEVER'S REQUESTING THE POSTPONEMENT YEAH, I'LL DO MY BEST.

I WAS KIND OF THRUST INTO THIS AT THE LAST MINUTE.

NO PROBLEM.

UM, WELL, FIRST OF ALL, YOU KNOW, USUALLY WHEN SOMEBODY PUTS A REQUEST, THEN THEY ALSO REQUEST A SPECIFIC DATE AND REASONS WHY.

RIGHT.

SO I'D LIKE TO UNDERSTAND, LET'S SAY YOUR, YOUR REQUEST IS TO THE 20, 27.

WHAT IS THAT? WELL, I WOULD SAY MY REQUEST IS TILL WHENEVER YOUR NEXT REGULARLY SCHEDULED MEETING IS OKAY, AND WE WANT TO BE TIMELY.

I TOTALLY GET THAT.

UM, IT'S A NO ONE'S INTEREST TO DRAW THIS OUT REALLY.

AND, UM, SO THAT WOULD BE MY OKAY.

YEAH.

THE NEXT TIME, WHATEVER WE CAN FIT IT.

UM, YES.

OKAY.

YES.

AND THEN, I DON'T KNOW, DID YOU GET A CHANCE TO SEE THE BACKUP THAT WAS POSTED TO US AT 26 PAGES VERSUS THE 101? I MEAN LIKE, IS THERE MATERIAL INFORMATION THAT YOU FEEL CRITICAL FOR US THAT WE NEED TO SEE THAT BEFORE I'M GOING TO HAVE, UM, MY, MY, UM, CO VOLUNTEER ON THIS MYLA

[00:25:01]

FALVEY TO THAT.

I HAVE COMMISSIONERS, IF I CAN GET GOOD EVENING, THIS IS KIMBERLY COLLINS WITH THE HISTORIC PRESERVATION OFFICE, AND I AM THE STAFF ASSIGNED TO THIS CASE AND YOU ALL HEAR ME OKAY.

SURE.

OKAY.

UM, I WOULD LIKE TO SPEAK TO THAT.

THERE WERE, THERE WAS A SIGNIFICANT AMOUNT OF PUBLIC COMMENT, UM, THAT WAS ON THIS CASE.

UM, I BELIEVE THAT WAS SENT TO YOU PRETTY LATE, UM, JUST RECENTLY BEFORE THE COMMISSION MEETING.

UM, SO, UH, I KNOW THAT WE SUBMITTED THE BACKUP AT THE APPROPRIATE TIME.

I'M, I'M NOT SURE WHY THAT WASN'T, UM, GOTTEN GIVEN TO YOU, UH, EARLIER IN THE GAME.

UM, SO, BUT I DO FEEL IF YOU DON'T HAVE THAT INFORMATION, THAT YOU ARE MISSING A CRITICAL COMPONENT OF THIS CASE.

OKAY.

WELL, THANK YOU FOR THAT.

AND I DO HAVE A COUPLE MINUTES OF, IF YOU WOULD LIKE TO SPEAK ABOUT SOME OF THIS INFORMATION, UM, PLEASE, DO YOU KNOW ANYBODY FROM THE COMMUNITY, IF YOU GUYS WOULD LIKE TO ADD ANYTHING ELSE ABOUT I'M WATCHING, I'M A LITTLE DEAF, SO WHEN I'M WATCHING THE WORDS, SO THAT'S WHY I'M NOT MAINTAINING EYE CONTACT WITH YOU SO I CAN, UM, YEAH, I WAS TRYING TO TRACK THE PUBLIC COMMENTS COMING IN AND I, YOU KNOW, I KEPT WAITING ON THE AUGUST 9TH ONE, THERE WERE SEVERAL LEATHERS, BUT MINE WASN'T INCLUDED.

AND I HAD, I HAD SUBMITTED MINE PRIOR TO AUGUST 9TH.

AND SOME OF THE PEOPLE WHO KNOW ANSWERED, SENT ME COPIES OF WHAT THEY HAD WRITTEN, AND THEN I LOOKED FOR THEM AND THEY WEREN'T THERE EITHER.

SO I, I REALLY DIDN'T KNOW WHAT WAS GOING ON.

AND THEN I, I'M TRYING TO ENCOURAGE, UM, AS MANY PEOPLE TO BE INVOLVED IN THIS.

AND I DIDN'T KNOW WHO THE NEC, BECAUSE I COULDN'T FIGURE OUT WHO ACTUALLY RESPONDED AND WHO DIDN'T.

SO I NEVER, I DON'T EVEN KNOW WHAT'S WHAT'S THERE NOW.

I HAVE NO IDEA WHAT SO APPRECIATE.

YEAH.

SO I THINK THIS IS GREAT INFORMATION.

THAT'S WHY I WANT TO HEAR IT, ESPECIALLY ALSO WITH WHAT YOU SAID AS WELL AS WHAT STAFF JUST TOLD ME.

I THINK, YOU KNOW, UNDERSTAND THAT THERE IS CRITICAL INFORMATION THAT YOU STAFF AS WELL AS YOU, UH, BELIEVE THAT, YOU KNOW, IT SOUNDS LIKE FROM WHAT YOU'RE TELLING US IS THAT WE SHOULD HEAR.

THANK YOU.

THANK YOU.

SO THAT'S MY TIME.

DO YOU NEED US ANYMORE? YEAH, YOU CAN STAY CLOSE BY COMMISSIONERS MAY HAVE QUESTIONS.

SO DON'T GO TOO FAR.

SURE.

IF I CAN HAVE THE OPPORTUNITY TO HAVE PRIVILEGE TO DISPLAY THE WHAT'S ONLINE.

OH, SURE.

PLEASE PROCEED.

SO IF YOU SEE UNDER 19, WE HAVE ON THE ADDITIONAL, UM, ADDITIONAL BACKUP AND PUBLIC COURT, UH, CORRESPONDENCE, THAT'S NINE MEGABYTES, 19 ADDITIONAL BACKUP AND PUBLIC CORRESPONDENCE.

THAT'S ANOTHER NINE MEGABYTES, THE DELILAH HOUSE, WHICH IS THE STAFF REPORT, WHICH IS FIVE MEGABYTES, THE PUBLIC COMMENT, WHICH WAS, UM, REFERENCED.

SO THERE'S, UM, UH, THERE IS, UH, QUITE THE AMOUNT OF, UH, DOCUMENTATION ONLINE AND IT WAS DISSEMINATED TO THE COMMISSION.

UM, UH, WHEN YOU RECEIVED YOUR INFORMATION FOR THIS MEETING, UH, OKAY.

COMMISSIONERS WITH ADDITIONAL QUESTIONS.

ANYONE DO I HAVE A MOTION ON THE SIDE OF A COMMISSIONER SHEA, SO I'LL MAKE A MOTION TO POSTPONE IT TO THE NEXT, UM, NEXT NEEDING THAT WE CAN ACTUALLY FIT IT IN.

SO WOULD THAT BE THIS, WOULD THIS BE THE UPCOMING ONE? IT WAS NINE, 13.

WE WOULD PROBABLY START THERE.

YEAH.

AND WE, YEAH.

OKAY.

UH, YES.

SO ON YOUR 13TH MEETING, UM, YOU'LL BE UNDERTAKING A CODE AMENDMENT THAT MIGHT TAKE A, UM, UH, CONSUMING TIME AT THE COMMISSION.

SO YOU WOULD HAVE SEPTEMBER 27.

I MEAN, I DON'T LIKE KICKING IT TO THAT, BUT I MEAN, I ALSO DON'T WANT PEOPLE TO BE ASSEMBLING AND FIND OUT THAT WE'RE GOING TO POSTPONE.

SO IF WE PUT IT, IF WE FEEL COMFORTABLE WITH THE 27TH AND I'LL PUT IT AT 27, SO COMMISSION FUND MAKE THE MOTION, I'LL MAKE THE MOTION TO POSTPONE TO 27.

OKAY.

UH, IF YOU HAVE A SECOND COMMISSIONER COX, UH, DO YOU WANT TO DISCUSS MOTION, MR. SHIN? SURE.

I MEAN, IT SEEMS LIKE THERE WAS, UM, THERE, THERE WAS A LOT OF INFORMATION THAT WAS PRESENTED TO HLC AND THEN THE INFORMATION THAT WE GOT UNTIL, YOU KNOW, THAT THERE'S A LOT OF MISSING PAGES.

THERE'S A LOT OF, UH, INPUT FROM THE COMMUNITY THAT, UH, DOESN'T LOOK LIKE WE HAD.

AND, UM,

[00:30:01]

LIKE W FROM LOOKING AT THE BACKUP INFORMATION AND LOOKING AT IT WHEN I RE JUST LIKE REFRESHED IT, I CHECKED BEFORE.

I MEAN, JUST BEFORE THE MEETING STARTED IT, I DIDN'T HAVE IT.

AND I KNOW I LOOKED AT IT WITH ANOTHER COMMISSIONER.

IT WASN'T THERE.

AND THEN IT JUST SHOWED UP.

SO HAVING IT POSTED TO US, OR EVEN IN THE PUBLIC DIDN'T HAPPEN UNTIL LIKE, I DUNNO, THE PAST HOUR AND WE REALLY, WE REALLY CAN'T OPERATE LIKE THIS.

SO, UM, THAT'S FINE.

BUT POSING FOR THE POSTPONEMENT AGAIN, I WISH IT COULD HAVE BEEN THE NEXT MEETING, BUT I ALSO DON'T WANT TO TIE PEOPLE UP AND GET THEIR HOPES UP AND THEY COME DOWN HERE AND THEN HAVE TO GO HOME OR HAVE TO WAIT UNTIL MIDNIGHT.

SO THAT'S WHY HE SET THE DATE.

OKAY.

COMMISSIONER SPEAKING AGAINST THIS MOTION, UH, ANY MORE SPEAKERS FOR YOUR KIDS? ALL RIGHT, LET'S GO AHEAD AND, UH, TAKE A VOTE.

LET'S START WITH THE, UH, THOSE ON THE DAYAS THOSE IN FAVOR OF THIS MOTION.

UH THAT'S EVERYONE.

OKAY.

UH, AND THOSE ON VIRTUALLY, PLEASE SHOW ME YOUR CARD.

SO IT'S IN FAVOR AND OKAY.

THAT'S 12 ZERO.

SO THAT PASSES UNANIMOUSLY.

ALL RIGHT.

I THINK I GOT MY NUMBERS, RIGHT.

OKAY.

OKAY.

WELL, LET'S GO

[18. C14H-2022-0073 - Westgate Tower; District 9 ]

AHEAD AND MOVE TO OUR FIRST DISCUSSION CASE THEN, UH, WHICH IS B UH, SORRY, 18.

SO AGAIN, TO START WITH STAFF, IF YOU WANT TO GIVE US THE OVERVIEW, PLEASE, CAN YOU ALL HEAR ME? YES.

THANK YOU, COMMISSIONERS.

UM, AND 18, C 14, AGE 20 22 0 0 7 3 AT 1122.

COLORADO STREET IS AN OWNER INITIATED HISTORIC ZONING APPLICATION FOR THE WESTGATE TOWER.

UM, THIS ITEM CAME BEFORE US, UM, TO THE HISTORIC LANDMARK COMMISSION ON JULY 6TH, UM, WHERE THE COMMISSION DETERMINED THAT, UM, THE APPLICATION MET THE CRITERIA FOR ARCHITECTURE AND HISTORICAL ASSOCIATIONS.

UH, THE BUILDING WAS ALSO LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES IN 2010, UM, AND OUR LAND DEVELOPMENT CODE STATES THAT THE CITY COUNCIL MAY DESIGNATE A HISTORIC LANDMARK.

IF IT RETAINS INTEGRITY IS OVER 50 YEARS OLD AND IS INDIVIDUALLY LISTED IN THE NATIONAL REGISTER OF HISTORIC PLACES.

THE HISTORIC LANDMARK COMMISSION HEARD THIS CASE BEFORE AND RECOMMENDED HISTORIC ZONING IN 2012.

HOWEVER, THE APPLICATION WAS WITHDRAWN.

THE APPLICANT PRIOR TO PLANNING COMMISSION, UM, DUE TO PUBLIC OPPOSITION TO THE CASE, THE WESTGATE TOWER WAS DESIGNED BY NEW YORK ARCHITECT, EDWARD DURRELL STONE IN 1962, AND COMPLETED UNDER THE SUPERVISION OF PROMINENT LOCAL ARCHITECTS FARE AND GRANGER IN 1966.

ISN'T IT IS AN EXCELLENT EXAMPLE OF NEW FORMALISM AND THE MODERN MOVEMENT AS ESPOUSED BY STONE, WHO WAS KNOWN WORLDWIDE FOR HIGH RISE BUILDINGS THAT COMBINED VERTICALITY, BUT THE MONUMENTAL SCALE REFINEMENT AND ORNAMENTATION OF CLASSICAL BUILDING STYLES, IT WAS INNOVATIVE AND PROVIDING A MODEL FOR FUTURE CENTRAL CITY DEVELOPMENT BY COMBINING RESIDENTIAL AND COMMERCIAL USES ALONG WITH AN INTEGRAL PARKING GARAGE THAT FORMED A SIGNIFICANT PART OF THE ENTIRE COMPOSITION RATHER THAN AS AN AUXILIARY STRUCTURE.

THE WEST GATE IS A 26 STORY POINT BLOCK TOWER, RISING SQUARELY OUT OF A CRUCIFORM PLATFORM.

IT IS CONSTRUCTED OF POURED IN PLACE CONCRETE WITH A BRICK VENEER AND ITS VERTICALITY IS EMPHASIZED BY BRICK COLUMNS, RISING SYMMETRICALLY ABOVE THE MORE HORIZONTAL PARKING GARAGE WITH EACH SPANDREL CONTAINING A METAL FRAMED FULL HEIGHT GLASS WINDOW, AND A BALCONETTE ALLOWING ACCESS TO FRESH AIR FROM INDIVIDUAL UNITS, BRICKS, SOLAR SCREENS, ONE OF STONE'S TRADEMARK ARCHITECTURAL DETAILS COVER THE SPANDREL OPENINGS OF THE PARKING GARAGE, AS WELL AS THE TOP TWO FLOORS OF THE BUILDING.

THE WEST GATE EMBODIES THE MODERN GOALS OF ACCOMMODATING NEXT JUICES AND MODERN FACILITIES IN A SINGLE BUILDING AND POSSESSES THE REFINEMENT OF THE NEW FORMALISM IDEALS OF MONUMENTAL ARCHITECTURE AND EDWARD HILLSTONE'S IDEAL OF A RESIDENTIAL TOWER IN A PARK-LIKE SETTING DOWNTOWN.

THE BUILDING ALSO MEETS THE SECOND CRITERIA FOR HISTORICAL ASSOCIATIONS, UM, AND GROWING OUT OF AN ASSOCIATION OF TEXAS LUMBER DEALERS IN THE LATE 19TH CENTURY, THE LUMBERMAN'S INVESTMENT ASSOCIATION PLANNED AND BUILT SEVERAL HIGH RISE, RESIDENTIAL BUILDINGS IN AUSTIN, HOUSTON AND KANSAS CITY IN THE LATE FIFTIES, AND BEEN 1960S, JULIAN ZIMMERMAN, WHO HEADED THE ORGANIZATION DURING THAT TIME, NEW NEW YORK ARCHITECT EYED WOODROW STONE FROM HIS WORK IN WASHINGTON.

AND IN 1962 ZIMMERMAN CONTRACTED STONE TO DESIGN THE WESTGATE TOWER.

STONE IS WELL-KNOWN FOR HIS SLEEK BUILDINGS OF THE 1930S.

AND AFTER WORLD WAR II, HE BECAME DISSATISFIED WITH THE STERILITY OF MODERN ARCHITECTURE AND FASCINATED BY THE WORK OF FRANK FRANK LLOYD WRIGHT.

HIS WORK IN THE FIFTIES AND SIXTIES REFLECTED GREATER VERTICALITY, AS WELL AS HIS TRADEMARK SOLAR SCREEN, WHICH PROVIDED ARCHITECTURAL INTEREST AS WELL AS PRIVACY AND SHADE.

ALTHOUGH STONE DESIGN, THE EXTERIOR PROMINENT MID CENTURY, MODERN,

[00:35:01]

PROMINENT MID-CENTURY MODERN ARCHITECTS FARE IN GRANGER WERE RESPONSIBLE FOR THE DETAILS AND INTERIORS.

THE WEST GATE WAS THE FIRST HIGH RISE BUILDING THAT WAS SIGNIFICANTLY TALLER THAN ANYTHING ELSE IN AUSTIN, EXCEPT THE CAPITOL DOME, THE HEIGHT OF THE WEST GATE CAUSED SOME CONTROVERSY STEMMING FROM CONCERNS THAT HIGH RISE BUILDINGS, BUT OVERSHADOW THE STATE CAPITOL AND RESULTED IN THE CREATION OF THE CAPITOL VIEW CORRIDORS BY THE STATE OF TEXAS.

THE WEST GATE WAS THE SECOND HOME OF THE HEADLINERS CLUB.

THE MOST PRESTIGIOUS SOCIAL CLUB IN THE CITY MEMBERS INCLUDED POLITICIANS AND INTELLECT, SEVERAL FORMER, TEXAS GOVERNORS AND PRESIDENT LYNDON B JOHNSON.

THE CLUB MOVED INTO THE WEST GATE IN 1966 AND REMAINED THERE UNTIL RELOCATING TO A MORE CENTRAL LOCATION.

IN ADDITION TO THE CLUB, THE WESTGATE TOWER HAS ALSO BEEN THE HOME OF MANY LEADERS AND STATE GOVERNMENT DUE TO ITS PROXIMITY TO THE CAPITOL STAFF RECOMMENDS HISTORIC ZONING FOR THE WEST GATE, UH, AS IT MEETS THE REQUIRED TWO CRITERIA FOR LANDMARK DESIGNATION, AS WELL AS THE PROVISION FOR NATIONAL REGISTER LISTED PROPERTIES.

UM, AND SOME REQUESTS WERE MADE LAST MONTH TO INCLUDE THE TOTAL POTENTIAL TAX EXEMPTION AMOUNT FOR THE PROPERTY.

UM, IN THOSE STAFF HAS REACHED OUT SEVERAL TIMES, UM, TO THE APPRAISAL DISTRICT, UM, SINCE MAY OF THIS YEAR REGARDING THIS CASE, UM, WE HAVE NOT YET RECEIVED A RESPONSE, UM, BUT WE WILL CONTINUE TO TRY.

UM, WE CANNOT GUARANTEE YOUR RESPONSE BEFORE THE NEXT MEETING.

UM, HOWEVER, THE APPLICANT HAS COLLECTED THE PUBLIC TAX INFORMATION FOR ALL UNITS AND APPLIED THE EXEMPTION PERCENTAGES, UM, GIVEN TO US BY T CAT TO CALCULATE AN ESTIMATED MAX EXEMPTION, UM, FOR THE PROJECT, WHICH WAS PROVIDED IN YOUR BACKUP.

OKAY.

THAT CONCLUDES THE STAFF PRESENTATION.

ARE THERE QUESTIONS NONE AT THIS TIME? WE'LL GET, THANK YOU.

THANK YOU.

CHAIR WILL NOW HEAR FROM MR. BRIAN EVANS.

MR. EVANS, YOU'LL HAVE THREE MINUTES.

THANK YOU.

COMMISSIONERS.

AS REQUESTED, YOU'VE BEEN PROVIDED WITH THE ESTIMATED COST OF THE PROGRAM.

IT IS MY OPINION THAT AN 85% ACCEPTANCE RATE IS WHAT COULD BE REASONABLY EXPECTED.

PEOPLE MOVE IN AND OUT AND SOME WILL NOT RENEW ANNUALLY AS REQUIRED.

BUT NOW I WANT TO TELL YOU ABOUT THE WEST GATE AND THE AMAZING WORK WE'VE BEEN INVOLVED IN, IN MAINTAINING THIS HISTORIC STRUCTURE FOR MORE THAN FIVE DECADES, WE HAVE NOT ALLOWED CHANGES TO THE AESTHETICS OR STRUCTURE EVEN WHEN SUBSTANTIALLY MORE COSTLY.

WE'VE CHOSEN TIME AND TIME AGAIN, TO MAINTAIN THE SAME DESIGN, WHETHER THAT BE A SPECIALTY CONTRACTORS, CUSTOM MADE BRICKS FROM THE SAME COMPANY THAT MADE THEM ORIGINALLY REPLACING EXTERIOR DOORS WITH THE SAME COMPANY THAT ORIGINALLY ORIGINALLY MANUFACTURED THEM AND HAVING THEM SHIPPED FROM OKLAHOMA WEST GATE AND ITS OWNERS HAVE BEEN INVOLVED IN MANY LARGE HISTORIC RESTORATION PROJECTS TO PROTECT THIS LANDMARK, WHICH COULD HAVE BEEN COMPLETED FOR FAR LESS TIME AND MONEY.

IF THERE WAS NOT THE LOVE AND PASSION TO MAINTAIN THIS HISTORIC STRUCTURE, THE WEST GATE HAS A RICH HISTORY SINCE ITS CONSTRUCTION BY RENOWNED ARCHITECT, EDWARD DURAL, STONE, WHOSE OTHER WORKS INCLUDE A US EMBASSY, THE MUSEUM OF MODERN ART IN NEW YORK CITY ROCKEFELLER CENTER, RADIO CITY, MUSIC HALL TO NAME A FEW.

THE WEST GATE WAS LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES IN 2010 AND BECAME A TEXAS RECORDED LANDMARK IN 2012 AND YEARS, PAST MANY INFLUENTIAL PEOPLE HAVE LIVED IN AND VISITED THE BUILDING.

FORMERLY THE 24TH FLOOR WAS THE LOCATION OF THE HEADLINERS CLUB AND WAS OFTEN VISITED BY FORMER PRESIDENT LYNDON, BAINES JOHNSON, COUNTLESS OTHER POLITICIANS, CELEBRITIES AND VISITORS HAVE COME TO SEE THE WEST GATE OVER THE YEARS.

THE CURRENT OWNERS OF THE WEST GATE CONTINUE TO INVEST IN THE INFRASTRUCTURE THAT WILL KEEP THE WEST GATE OPERATING FOR ANOTHER YEARS, MAINTAINING A HISTORIC STRUCTURES IMPORTANT TO THOSE THAT CALL THE WEST GATE HOME, BUT ALSO TO THE COMMUNITY IN RECENT YEARS, MANY HISTORIC PROPERTIES HAVE BEEN REDEVELOPED IN OUR STORY NEIGHBORHOOD, INCLUDING THE WAREHOUSE DISTRICT IS IMPORTANT THAT WE AUSTINITES MAINTAIN A BALANCE OF THE HISTORIC CHARACTER AND TRADITION THAT HAS HELPED TO SHAPE THIS WONDERFUL CITY.

THE WEST GATE FAR EXCEEDS THE MINIMUM REQUIREMENTS FOR THE HISTORIC DESIGNATION.

THIS DESIGNATION IS INTENDED TO PROTECT, ENHANCE, AND PRESERVE STRUCTURES SITES OR AREAS THAT HAVE ARCHITECTURAL HISTORICAL ARCHEOLOGICAL CULTURAL SIGNIFICANCE.

WE'RE SEEKING THE PROTECTION THAT THIS PROGRAM PROVIDES.

THE WEST GATE IS NOT IMMUNE FROM FEARS OF REDEVELOPMENT.

AND IN OUR OPINION, THIS LOCATION DOES NOT NEED TO BE ANOTHER LARGE GLASS RECTANGULAR BUILDING LIKE SO MANY REDEVELOPED PROPERTIES HAVE BECOME THE TIME TO SEEK THIS DESIGNATION IS NOT WHEN THERE IS A PROPOSED REDEVELOPMENT.

IT IS NOW FOR MORE THAN FIVE DECADES.

THE WEST GATE HAS TAKEN METICULOUS CARE AND NOT TO CHANGE THE AESTHETICS OF THE BUILDING TO THAT IN THE WEST GATE.

IT'S VERY SELECTIVE WITH THE CONTRACTORS AND INSURANCE COMPANIES THAT SPECIALIZE IN MAINTAINING HISTORIC STRUCTURES.

THIS ATTENTION TO DETAIL AND INTENTIONAL FOCUS HAS ALLOWED THE WEST GATE TO REMAIN THE SAME.

MID-CENTURY MODERN BUILDING, GIVEN OUR MANY DECADES OF PRESERVATION, WE'VE ALREADY BEEN INVOLVED IN OUR HISTORICAL CULTURAL AND ARCHITECTURAL SIGNIFICANCE AND THE UNANIMOUS SUPPORT OF THE HISTORICAL COMMISSION.

AND STAFF'S RECOMMENDATIONS.

WE KINDLY ASK FOR YOUR VOTE IN FAVOR OF THE, IN FAVOR OF THE PROPOSED ZONING CHANGE SO THAT WE MAY CONTINUE TO PRESERVE THIS AMAZING SITE.

[00:40:01]

THANK YOU SO VERY MUCH.

THANK YOU, SIR.

WHEN I'LL HEAR FROM MR. HARDEN, MR. HARTMAN, YOU'LL HAVE FIVE MINUTES.

I'M SORRY.

I DIDN'T HEAR YOU.

WERE YOU ASKING FOR OPPOSITION TO SPEAK? OKAY.

THANK YOU.

UH, I'M RICHARD HARDEN COMMISSIONERS.

THANK YOU FOR ALLOWING ME TO COME BEFORE YOU.

I EMAILED YOU A, UH, KIND OF A POSITION PAPER THAT I HAVE.

AND IF ANY OF YOU DON'T HAVE IT, I CAN GIVE YOU A PAPER COPY.

UM, FOR THOSE OF YOU WHO DON'T KNOW ME, I'M A NATIVE AUSTINITE AND I'VE DONE ABOUT A HALF DOZEN HISTORIC ZONINGS AND RESTORATIONS IN AUSTIN AND ANOTHER HALF DOZEN OUTSIDE OF AUSTIN.

MY, MY PROBLEM HERE WITH THIS PARTICULAR CASE, AND I, I HOPE YOU WILL APPRECIATE IT.

UM, WHEN THE HISTORIC, UH, TAX EXEMPTIONS WERE WRITTEN IN THE ORDINANCE, NO ONE ANTICIPATED A HIGH RISE WITH A HUNDRED CONDOMINIUMS COMING IN.

UH, AND THE PROBLEM WITH THAT, UH, IS NOT JUST THE PUBLIC, UH, USE OF MONIES, WHICH IN THIS CASE WILL BE ABOUT A MILLION DOLLARS A YEAR.

I DIDN'T HEAR ANY TESTIMONY ABOUT THE TAX IMPLICATIONS, WHICH IS WHY THIS CASE WAS POSTPONED.

HOW MUCH MONEY ARE THE TAXPAYERS GOING TO HAVE TO SACRIFICE TO A HUNDRED INDIVIDUAL CONDOMINIUM OWNERS WHO OWN AIRSPACE, IF YOU'RE, IF YOU'RE ZONING THE LAND AND YOU'RE ZONING THE COMMON AREA, THE EXTERIOR OF THE BUILDING, I DON'T HAVE A GRIPE WITH THAT.

AND YOU'VE HEARD SOME REASONS THAT IT SHOULD BE ZONED, BUT IF YOU'RE BESTOWING THAT ENTITLEMENT AND THE TAX EXEMPTIONS WITH THE ENTITLEMENT TO A HUNDRED DIFFERENT CONDOMINIUM OWNERS WHO OWN AIRSPACE INSIDE A BUILDING, NOT VISIBLE FROM THE OUTSIDE, NOT ACCESSIBLE TO THE PUBLIC BEHIND SECURITY AND LOCKED DOORS, YOU'RE TAKING AWAY A MILLION DOLLARS A YEAR IN PERPETUITY FROM ACC AISD, TRAVIS COUNTY, THE CITY OF AUSTIN AND AMAZINGLY CENTRAL HEALTH.

I'M NOT SURE HOW TAKING AWAY CENTRAL HEALTH MONIES HELPS OUR PUBLIC HEALTH, BUT THAT'S ANOTHER ARGUMENT FOR ANOTHER DAY.

UM, I REALLY THINK THAT WHAT NEEDS TO HAPPEN HERE AND MAYBE THE ORDINANCE ALLOWS IT IS TO DESIGNATE THE, WHAT IS OWNED AS COMMON AREA, THE BUILDING ITSELF, THE LAND AND NOT THE INDIVIDUAL CONDOMINIUM UNITS, WHICH ARE SIMPLY AIRSPACE, INTERIOR AIRSPACE.

AND THEY'RE THE REAL DRAG ON YOUR, ON YOUR TAX DOLLARS ON ALL OF THESE DIFFERENT TAXING AUTHORITIES TAX DOLLARS THAT COULD BE PUT TO BETTER USE PUBLIC HEALTH, PUBLIC SCHOOLS, ROADS, HOMELESS AFFORDABILITY.

ARE THOSE, ARE THOSE PUBLIC BENEFITS BEING SERVED BY ANY OF THESE CONDOMINIUMS, ANY OF THESE HUNDRED CONDOMINIUMS? THEY'RE NOT.

SO THAT'S, THAT'S MY GRIPE.

UM, I GO INTO MORE DETAIL IN THIS, IN THIS STATEMENT THAT I'VE EMAILED YOU, AND I'M HAPPY TO ANSWER ANY QUESTIONS SHARE THE APPLICANT FOR GOSEY A REBUTTAL.

THANK YOU, PLEASE.

THE SPEAKERS ON THIS ITEM.

OKAY.

THANK YOU.

UH, COMMISSIONERS, I HAVE A MOTION TO CLOSE PUBLIC HEARING, UH, COMMISSIONER SCHNEIDER.

UM, SECOND COMMISSIONER, SHEA SECONDS.

THAT'S GOING TO GIVE OUT THAT'S ON THE DIAS AND THAT'S ON THE SCREEN.

ALL RIGHT.

THAT'S UM, I'M MISSING SOMEBODY.

OH, THERE'S OKAY.

NOPE, THAT'S GOOD.

IT'S UNANIMOUS.

THANK YOU.

UM, OKAY.

UH, SO QUESTIONS FROM COMMISSIONERS, UH, COMMISSIONER SHEA, UM, LET ME START WITH STAFF.

SO I HAVE A QUESTION TO STOP BECAUSE I KNOW THAT THERE ARE TIMES WHEN WE ZONE CERTAIN ASPECTS OF A PROJECT OR A PROPERTY AS HISTORIC, WHETHER IT BE JUST A WALL AROUND, RIGHT.

VERSUS THE BUILDING OR LEXIA PORTION OF THIS.

I MEAN, IS THIS SOMETHING THAT WE COULD DO HERE? CAUSE I MEAN, IT, IT, IT BRINGS UP A VERY INTERESTING POINT BECAUSE WHEN WE WROTE OUR HISTORIC ORDINANCE HERE, I FEEL LIKE THIS WASN'T WHAT IT WASN'T MEANT TO BE APPLIED OR THOUGHT INTO THIS TYPE OF THING.

BUT IN MANY WAYS WE ARE PRACTICING ELEMENTS OF SOMETHING LIKE THIS.

RIGHT.

AND ESPECIALLY, YOU KNOW, I, I KEEP THINKING ABOUT IT.

IT'S LIKE IT'S FOR THE COMMUNITY BENEFIT.

RIGHT.

AND SHARE, WE SEE THE BUILDING, WE SEE THE LOBBY, WE SEE THE AREA AROUND IT.

BUT SO

[00:45:01]

MUCH OF THIS SPATIAL ASPECT INSIDE IS COMPLETELY INDEPENDENT.

AND EVEN THEN THERE'S THE COMMON SPACE, RIGHT? IT'S THE COMMON SPACE THAT WE'RE, WE'RE LOOKING AT.

IS THERE A WAY TO, TO ADDRESS THAT? I MEAN, CAUSE LIKE I SAID, WE'RE ALREADY DOING THIS WITH SOME THINGS.

ALL RIGHT.

LET'S JUST MAKE THE WALL HISTORIC, BUT NOT THE BUILDING.

I MEAN, CAN YOU KIND OF THROW ANY IDEAS OR, I MEAN, AND MAYBE SOME LIGHT ON THIS ORDINANCE THAT, YOU KNOW, WAS IT MEANT TO FIT STUFF LIKE THIS? UM, COMMISSIONER, I, I DON'T HAVE A LOT OF LIGHT TO SHED, BUT I CAN SAY THAT, UM, IT'S BEEN A LONG TIME SINCE WE HAVE DESIGNATED PORTIONS OF STRUCTURES.

UM, AND IT TAKES, UM, BOTH THE APPLICANTS, UM, COOPERATION, UM, AS WELL AS, UM, SOME COORDINATION WITH THE LAW DEPARTMENT.

UM, I DON'T KNOW THAT, I DON'T KNOW THAT WE WOULD HAVE A PRECEDENT FOR DOING THAT WITH AN ENTIRE STRUCTURE.

UM, NORMALLY WE DEAL WITH, WITH PARCELS, UH, WHEN WE'RE, WHEN WE'RE ZONING ITEMS HISTORIC, BUT I CAN DISCUSS WITH THE LAW DEPARTMENT, IF THAT'S SOMETHING THAT Y'ALL ARE INTERESTED IN, UM, JUST SEEING HOW FEASIBLE THAT IS.

UM, BUT IDEALLY WE WOULD ALSO HAVE THE APPLICANT'S COOPERATION IN THAT BECAUSE THIS IS AN OWNER INITIATED.

AND CAN YOU GIVE A LITTLE BIT INSIGHT AS FAR AS FOR EVEN THE CREATION THAT ORIGINATE, I GUESS, ORIGINATION OF AN ORDINANCE AND WHAT I MEAN, THE APPLICABILITY OF THIS TYPICALLY IS, UM, SO THE LANDMARK DESIGNATION ORDINANCE FROM 1974 DID NOT INCLUDE THESE TAX PROVISIONS.

UM, THAT WAS SOMETHING THAT WAS ADDED, UM, AS A DESIGNATION INCENTIVE, UM, AND SUPPORTED BY THE STATE MUCH LATER, UM, OR C OKAY.

I ON IN MY HEAD JUST KIND OF SPINNING WITH ALL THESE IDEAS, BUT UM, I'M GONNA, I THINK THAT'S IT FOR ME FOR NOW MR. COX OH, UH, UNMUTE YOURSELF, COMMISSIONER COX, PLEASE.

ALL RIGHT.

ALL SORTS OF ISSUES TODAY.

UM, QUESTION FOR STAFF, UH, CAN STAFF GIVE US A VERY QUICK EXPLANATION AS TO WHAT THE POINT THE TAX EXEMPTION IS? IF, IF THEY KNOW WHAT THAT IS, WHAT THE POINT OF IT IS? OKAY.

THE ORIGINAL, SORRY.

THE TAX EXEMPTION WAS ORIGINALLY DESIGNED AS AN INCENTIVE TO LANDMARKING.

UM, WE ARE, UM, IN A CITY THAT HAS EXPERIENCED DEVELOPMENT PRESSURE FOR A VERY LONG TIME.

UM, AND, UM, I BELIEVE THAT WHEN THIS PROGRAM WAS ENVISIONED, IT WAS, UM, IN AN EFFORT TO SHOW PEOPLE THAT THERE WAS SOME BENEFIT TO PRESERVING THEIR HISTORIC BUILDINGS.

I APPRECIATE THAT, UH, QUESTION FOR THE APPLICANT.

UM, CAN YOU HELP US UNDERSTAND WHO BEARS THE COST OF THE ADDED EXPENSE TO MAINTAINING THE AESTHETICS, THE ORIGINAL ARCHITECTURE OF THE ORIGINAL FIXTURES, FITTINGS DOORS WHO BEARS THE COST OF THAT, ESPECIALLY FOR, UH, THE COMMON AREAS WHERE YOU'RE, WHERE YOU'RE MAINTAINING OR IMPROVING THE COMMON AREAS IN THIS BUILDING AS A WONDERFUL QUESTION, IT'S GOING TO BE 100% ON THE OWNER.

SO THERE IS NO OUTSIDE SOURCE OF INCOME.

SO THE INDIVIDUAL OWNERS ARE THE ONES WHO ARE BEARING THE COST OF THAT.

UM, THERE HAVE ALSO BEEN A COUPLE OF OTHER BUILDINGS SIMILAR TO OURS THAT HAVE DONE THIS BROWN BUILDING ON, UH, COLORADO STREET.

AND NINTH IS ANOTHER ONE THAT'S ALSO DONE THIS AS WELL.

OKAY.

I APPRECIATE THAT.

UM, AND IF I HAVE TIME, UH, ANOTHER QUESTION FOR STAFF, UM, WE'VE, WE'VE ZONED HISTORIC OFFICE BUILDINGS.

AND SO I'M CURIOUS, UM, DO YOU SEE ANY DIFFERENTIATION BETWEEN ZONING, A CONDO BUILDING HISTORIC VERSUS ZONING, AN OFFICE BUILDING HISTORIC IS, I MEAN, IT ISN'T THE OWNER OR OWNERS OF THESE BUILDINGS STILL GETTING THE BENEFIT, WHETHER IT'S RESIDENTIAL CONDOS OR OFFICE SPACE.

YES.

COMMISSIONER, UM, THE ZONING PROCESS ITSELF IS NO DIFFERENT.

THE TAX EXEMPTION AMOUNT IS DIFFERENT FOR, UM, OWNER OCCUPIED VERSUS, UM, COMMERCIAL SPACE.

UM, AND I JUST LIKE TO ADD ALSO THE, UM, THE TAX EXEMPTION IS INTENDED TO PROVIDE RELIEF, UM, GEARED TOWARDS MAINTAINING THE UPKEEP OF THE BUILDING.

AND THESE HISTORIC BUILDINGS REQUIRE A LOT OF SPECIAL CARE.

UM, WHEN

[00:50:01]

THINGS NEED TO BE REPAIRED, THEY OFTEN COST MORE THAN A SIMPLE CHEAP REPLACEMENT WOULD BE OTHERWISE.

UM, SO WITH A COMMERCIAL BUILDING, UM, THAT DOES NOT RECEIVE A HOMESTEAD EXEMPTION, THERE IS NO CAP ON THE AMOUNT OF THE EXEMPTION, UM, FOR HOMESTEAD PROPERTIES, OWNER OCCUPIED.

UM, THERE IS A CAP OF $8,500.

UM, AND THIS IS JUST TO ADDRESS THE ADDITIONAL WEAR AND TEAR THAT A COMMERCIAL BUILDING WOULD RECEIVE, UM, VERSUS A TYPICAL OWNER-OCCUPIED HOME.

UM, AND ALL OF THESE BUILDINGS HAVE TO UNDERGO INSPECTIONS EACH YEAR TO MAKE SURE THAT THEY'RE MAINTAINED AND TO MAKE SURE THAT THAT EXEMPTION IS BEING USED IN ORDER TO, UH, PROMOTE THE UPKEEP OF THE BUILDING IN A RESPONSIBLE WAY.

THANKS.

I APPRECIATE THAT.

THANKS.

ALL RIGHT.

A VICE-CHAIR HEMPHILL.

THANKS.

UM, THIS IS A QUESTION FOR STAFF.

UM, COULD YOU WALK ME THROUGH THE BENEFITS OF BEING, UH, UNDER A NAT, THE NATIONAL REGISTER, HISTORIC REGISTER VERSUS THE LOCAL LANDMARK DESIGNATION? UM, JUST HIGH LEVEL, YOU DON'T NEED TO GET INTO A LOT OF DETAIL SURE THING.

UM, A NATIONAL REGISTER DESIGNATION, UM, IS A, UH, IT'S AN HONOR AT THE FEDERAL LEVEL.

UM, HOWEVER, WITHIN THE CITY, UM, IT'S, IT'S HONORIFIC ONLY.

SO, UM, LOCAL LANDMARKING WILL ADD, UM, THAT H ZONING, WHICH, UM, OUR CODE SAYS IS A WAY TO PREVENT DEMOLITION, UM, TO ENSURE THAT, UM, CERTAIN MATERIALS ARE USED IN THE UPKEEP OF THE BUILDING.

UM, AND THAT THERE'S A REVIEW PROCESS ATTACHED TO THAT, WHEREAS NATIONAL REGISTER DISTRICT OR A NATIONAL REGISTER PROPERTIES RECEIVE, UM, ADVISORY REVIEW AT THE STATE LEVEL, UM, AND AT THE LOCAL LEVEL AS WELL.

BUT, UM, THERE IS NO SUBSTANTIVE ACTION, UM, THAT WE CAN DO.

UM, LIKE THERE WOULD BE WITH A LOCAL LANDMARK AND THERE'S NO TAX BREAK FOR THE NATIONAL REGISTER OR, UH, I BELIEVE NATIONAL REGISTER LISTING GIVES, UM, ELIGIBILITY FOR SOME TAX PROGRAMS. UM, THERE'S A TAX CREDIT PROGRAM THROUGH THE STATE.

UM, AND I BELIEVE A FEDERAL ONE THAT THOSE ARE GENERALLY TIED TO, UM, IMPROVEMENT WORK OR REHABILITATION WORK.

OKAY.

AND, AND, AND NOT A KEY.

YES.

I THINK, UM, YOU KNOW, MAINTENANCE WORK UP TO A CERTAIN THRESHOLD NEEDS TO BE MET FOR THOSE PROGRAMS. UM, I'M NOT UP ON THE SPECIFICS OF THOSE, BUT, UM, I CAN LOOK THEM UP FOR YOU IF YOU'D LIKE.

SO IF, IF GRANTED HISTORIC ZONING, THE, THE OWNERSHIP OF THE BUILDING WOULD GET TAX RELIEF AT THE FEDERAL LEVEL AND THE STATE LEVEL, NO, UM, PROGRAMS OUTSIDE OUR LOCAL PROGRAM NEEDS TO BE APPLIED FOR.

UM, AND THEY MUST MEET, UM, CERTAIN GOALS.

UM, THEY NEED TO SPEND X PERCENTAGE ON THE BUILDING IN ORDER TO GET TAX RELIEF.

UM, IF THAT HELPS.

THANK YOU.

UM, AND IF I HAVE TIME LEFT, JUST A QUESTION FOR THE APPLICANT ABOUT, UM, HOW, IF YOU HAVE THIS NUMBER IN YOUR, IN YOUR MIND, HOW MUCH THE REPAIRS HAVE TYPICALLY COST THE, THE BUILDING AND THE OWNERS.

THAT'S A GREAT QUESTION.

WE'VE HAD LOTS OF REALLY LARGE REPAIRS.

RECENTLY THIS YEAR, WE FINISHED A $1.3 MILLION ELEVATOR RENOVATION, AND THIS YEAR OR INTO NEXT YEAR, WE'RE GOING TO BE LOOKING AT ABOUT 600 TO 800,000 FOR BRICK CURRY POINTING AND EXTERIOR REPAIR.

SO JUST THE LAST TWO YEARS, IT'LL BE ABOUT $2 MILLION.

SO WITH, WITH, UH, IF, IF YOU GET THE HISTORIC ZONING, ARE YOU OPENING AN ACCOUNT OR SOMETHING THAT THE SAVINGS WOULD GO INTO TO HELP PAY FOR THOSE COSTS? YES.

WE HAVE A RESERVE ACCOUNT THAT WE USE IN THAT WILL BE INCREASED FOR THE OWNERSHIP.

SO THAT WILL BE THE WAY TO FUND THE REPAIRS MOVING FORWARD, THE CAPITAL EXPENDITURES.

THANK YOU SO MUCH.

YES.

OKAY.

UH, DO WE HAVE ADDITIONAL QUESTIONS? OH, COMMISSIONER ANDERSON.

AND THEN COMMISSIONER IS OUR, I THINK I HAVE A QUICK QUESTION FOR STAFF.

THANK YOU.

AND FORGIVE ME, CAN YOU JUST REMIND ME BALLPARK WHAT WE'RE TALKING ABOUT AS FAR AS TAX BREAKS, GO,

[00:55:01]

ASSUMING THIS BOAT MOVES FORWARD AND THIS BUILDING WAS TO RECEIVE THIS STORY DESIGNATIONS SEEKING.

UM, I BELIEVE THE APPLICANT CAN, CAN SPEAK TO THAT, BUT I CAN LOOK IT UP FOR YOU.

SO THE MAXIMUM NUMBER AS CALCULATED WITH HELP FROM MS WOULD BE A $510,000, FIVE HUNDRED, FIVE HUNDRED TEN, FIVE HUNDRED AND FORTY 5082 CENTS WOULD BE THE MAXIMUM NUMBER.

THANK YOU.

THANK YOU.

WHILE YOU'RE HERE.

UM, DO YOU KNOW ROUGHLY WHAT PERCENTAGE OF THE BUILDING ARE CONDOED FOR COMMERCIAL? I'VE BEEN TO A LOT OF COMMERCIAL UNITS IN THAT BUILDING OVER THE YEARS.

COMMERCIAL IS 35%, 35%.

THANK YOU.

GREAT.

AND HAVE YOU HEARD, IS THERE ANY RISK OF THE BUILDING BEING TORN DOWN OR IS THERE ANY THE CONVERSATION SUCH, SUCH AS THAT OCCURRING? IT HAS BEEN AN ONGOING DISCUSSION, UM, AS WAS TALKED ABOUT EXTENSIVELY WITH THE, UH, THE, UH, WAREHOUSE DISTRICT DOWNTOWN.

MANY OF THOSE BUILDINGS HAVE, HAVE GONE AWAY.

UM, INCREASINGLY LARGER BUILDINGS ARE BEING TORN DOWN AND THOUGH THE WEST GATE IS KEPT ON HEIGHT.

UM, AND MUCH OF OUR 26 STORIES IS PARKING.

UM, THAT PARKING COULD BE BURIED.

AND THOUGH WE CAN'T GO HIGHER, WE COULD GO CURB TO CURB.

SO THERE IS TALK THAT WE COULD, YOU KNOW, DOUBLE, TRIPLE THE SQUARE FOOTAGE OF THE BUILDING BY TEARING IT DOWN AND REBUILDING IT.

SO IT HAS BEEN DISCUSSED.

YES.

AND DO YOU KNOW YOUR HOA DOCS WELL ENOUGH TO KNOW, LIKE WHAT PERCENTAGE OF OWNERS IT WOULD TAKE TO BE BOUGHT OUT? I WOULD NOT FEEL COMFORTABLE QUOTING THAT OFF THE CUFF.

GOTCHA.

THANK YOU.

OKAY, MR. BIZARRE.

THANK YOU, CHAIR.

I HAVE A QUESTION FOR STAFF.

THE STAFF CAN HELP ME HERE.

UM, STAFF, CAN YOU, IT SEEMS LIKE YOU MIGHT'VE WORKED WITH THE APPLICANT ON THIS.

CAN YOU CONFIRM THAT WE'RE TALKING ABOUT OVER HALF A MILLION IN THE EXCAVATE BEEN FOR A YEAR FOR THE PROPERTY? YES, COMMISSIONER.

SORRY.

THAT WAS THE, UH, THE NUMBER THAT THE APPLICANT, UM, CALCULATED USING THE, UM, ESTIMATES FROM EACH UNIT, UM, INCLUDING THE HOMESTEADS VERSUS NON-HOMESTEAD EXEMPTION.

UM, THE HOMESTEADS ARE KEPT AND THE INCOME PRODUCING PROPERTIES ARE NOT COUNT AND YOU HAVE VERIFIED THIS AND IT LOOKS TO BE REASONABLE LEAVE.

IT DOES, UM, WE HAVE NOT GOTTEN AN EXACT NUMBER FROM THE APPRAISAL DISTRICT, WHICH SHOULD BE THE MOST ACCURATE.

UM, HOWEVER, THERE'S NO REASON FOR ME TO BELIEVE THAT THE NUMBER THAT THE APPLICANT IS CALCULATED IS NOT ACCURATE.

AND THEN ANY HELP ME UNDERSTAND.

SO IN A STRUCTURE LIKE THIS IN A MULTIUNIT STRUCTURE WHERE THERE'S DIFFERENT OWNERSHIP ACROSS DIFFERENT UNITS, I'M GOING TO ASSUME THAT IT IS NOT SO EASY TO DEMOLISH OR REDEVELOP BECAUSE UNLESS YOU MAJORITY OR SUPER MAJORITY OF HOMEOWNERS IN EACH INDIVIDUAL UNIT WILL ACCEPT THE REDEVELOPMENT, IT IS ACTUALLY NOT POSSIBLE.

SO CAN YOU PLEASE TELL ME GENERALLY BY STAFF'S ASSESSMENT, WHAT IS THE TRACK OF REDEVELOPMENT OR DEVOLUTION INSTRUCTORS SUCH AS WELL? THIS IS A LITTLE BIT OF SPECULATION COMMISSIONER, BUT, UM, IN GENERAL, THESE LARGE, UM, BUILDINGS, I THINK THE UPKEEP IS PROBABLY THE MAJOR CHALLENGE, UM, TO MAINTAINING A BUILDING'S HISTORIC INTEGRITY, UM, FROM MY QUESTION WAS, AND I EVEN DO IT.

IF I LIVE IN A BUILDING LIKE THIS, I'M GOING TO USE YOU, IT'S ALMOST IMPOSSIBLE UNLESS ALL OF MY NEIGHBORS COME TOGETHER IS THAT IS MY UNDERSTANDING, CORRECT? OR AM I ALONE? I THINK I UNDERSTAND.

YES.

SO IF I'M HEARING CORRECTLY FROM YOU, IT WOULD REQUIRE A MAJORITY OR SUPER MAJORITY OR WHATEVER IT MIGHT BE THE GAYS, BUT I'M GOING TO ASSUME AT LEAST MORE THAN 50 HOMEOWNERS IN THIS CASE, WOULD ALL AGREE FOR REDEVELOPMENT OR DEMOLITION AND ONLY THEN CAN IT MOVE FORWARD? IS, ARE YOU SAYING THAT, THAT SOUNDS CORRECT FOR YOU? THAT'S MY UNDERSTANDING COMMISSIONER ON THE APPLICANT CAN SPEAK TO THIS PARTICULAR HOA AND, AND WHAT THEIR, UM, WHAT REQUIRES, BUT, UM, THAT'S MY UNDERSTANDING OF HOW AN APPLICATION WOULDN'T MOVE FORWARD AS WELL.

SO WOULD YOU SAY IN A STRUCTURE THAT HAS OWNER PATTERNS THAT IT IS ACTUALLY MUCH HARDER TO REDEVELOP AND WE DON'T SEE THAT AS OFTEN? UM, YES.

COMMISSIONER POTENTIALLY.

UM, I'M NOT, UH, I'M REDEVELOPMENT IS NOT THE PART THAT I AM FAMILIAR WITH, BUT, UM, IT SEEMS REASONABLE.

AND CAN YOU TELL ME, SO THE HISTORIC PRESERVATION FROM OUR PERSPECTIVE, IS THIS BUILDING CURRENTLY BEING TIGHTENED WITH DEMOLISH OR REDEVELOPMENT? IS THERE A FEAR THAT THIS IS ABOUT TO BE REDEVELOPED AND WE HAVE REACHED CRITICAL MASS AND THAT WE'RE WORRIED THAT WE'RE ABOUT TO LOSE THIS STRUCTURE? I THINK THAT MAY BE PART OF IT.

UM, I ALSO THINK THAT

[01:00:01]

RISING UPKEEP COSTS, UM, ARE CAUSING US TO LOSE HISTORIC FABRIC.

I'M JUST, JUST GOING BACK TO MY ORIGINAL QUESTION.

ARE WE IN FEAR THAT THIS BUILDING IS ABOUT TO BE DEMOLISHED OR I'M NOT, I, YOU KNOW, I THINK THE APPLICANT SHOULD SPEAK TO THAT.

UM, THEY KNOW THIS BUILDING THE BEST.

UM, I THINK THAT RIGHT NOW THERE IS A LOT OF GROWING ANXIETY FOR OUR DOWNTOWN YES.

INCLUDING FOR STRUCTURES SUCH AS THIS.

UM, YES, POTENTIALLY.

OKAY.

AND I THINK WHAT I'M HEARING FROM YOU CORRECTLY, JUST SO I CAN READ THAT AND UNDERSTAND THAT I'M UNDERSTANDING THIS CORRECTLY, THAT THERE'S A POTENTIAL, BUT IT SEEMS LIKE THIS IS NOT UNDER IMMINENT OR IMMEDIATE THREAT.

MY UNDERSTANDING THAT CORRECTLY.

I THINK SO.

UM, I THINK THE APPLICANT CAN, CAN SPEAK TO IMMINENT DANGERS, UM, BETTER THAN I CAN, UM, FOR THIS PARTICULAR APPLICATION.

AND CAN YOU PLEASE EXPLAIN TO ME, I GUESS, APART FROM THE FACT THAT THERE IS A FORCE HISTORICAL VALUE TO THE STRUCTURE, WHY STAFF HAS SUPPORTED THIS HISTORIC REZONING AND THE ASSOCIATED TAX BENEFITS? UH, YES.

COMMISSIONER, THIS, UM, ITEM CAME BEFORE US IN 2012, UM, AND WAS BROUGHT BEFORE LANDMARK COMMISSION BY A FORMER PRESERVATION OFFICER, STEVE SEDOWSKY, UM, WHO DETERMINED THAT IT MET, UH, TWO OF THE FIVE LANDMARK DESIGNATION CRITERIA, UM, AND ALSO CODE PROVISION.

UM, LET ME SEE, 25 TO 3 52 8, UM, SAYS THAT THE PROPERTY IS INDIVIDUALLY LISTED IN THE NATIONAL REGISTER OF HISTORIC PLACES, UM, OR DESIGNATED AS A RECORDED TEXAS HISTORIC LANDMARK STATE ARCHEOLOGICAL LANDMARK, OR NATIONAL HISTORIC LANDMARK, UM, WHICH GO AHEAD AND FINISH, WHICH, UH, MEANS THAT IT IS ELIGIBLE FOR DESIGNATION AS WELL.

SO IT NEEDS TO THRESHOLDS OKAY.

YOU MENTIONED HERS WITH ADD QUESTIONS, COMMISSIONER.

WELL, LET'S JUST WAIT ONE SECOND.

YOU FINISHED THAT AND MAKE A MOTION.

UH, ONE SECOND.

ANY OTHER QUESTIONS? ALL RIGHT.

UH, PLEASE PROCEED.

COMMISSIONER CUTS, UH, MAKE A MOTION TO APPROVE STAFF RECOMMENDATION FOR A CBD DASH H ZONING.

UH, DO I HAVE A SECOND, UH, SECOND BY COMMISSIONER MITCH TODDLER.

YOU WANT TO GO AND SPEAK TO YOUR MOTION? YEAH.

UM, I I'M A LITTLE CONCERNED ABOUT THE CONVERSATION HERE.

UM, SO TO ME, THIS IS PROBABLY ONE OF THE MOST HISTORIC BUILDINGS THAT HAVE COME UP IN FRONT OF US FOR A WHILE.

UH, PROBABLY MORE HISTORIC THAN SOME OF THE OTHER SINGLE FAMILY HOMES THAT WE'VE APPROVED HISTORIC ZONING FOR.

UM, AND THERE, THE, THE OPPOSITION SEEMS TO BE SOLELY FOCUSED ON TAX ABATEMENTS, UH, THAT IS THAT'S BUILT INTO WHATEVER LAW GOVERNS THIS.

AND I FEEL LIKE AS THE PLANNING COMMISSION, WE SHOULD BE MAKING THESE DECISIONS BASED ON PLANNING PRINCIPLES AND BASED ON, YOU KNOW, WHAT'S, WHAT'S SET OUT IN FRONT OF US RELATED TO THE STORK NATURE OF THIS PROPERTY AND NOT NECESSARILY WHAT FINANCIAL BENEFIT OR DETRIMENT MAY COME TO THE PROPERTY OWNER OR OWNERS.

UM, I SHARE THE CONCERN THAT THIS COULD BE ABUSED.

UM, I SHARE THE CONCERN THAT THIS COULD BE ABUSED BY SINGLE FAMILY HOMEOWNERS OR OFFICE BUILDING OWNERS OR CONDO OWNERS, BUT I DON'T THINK THAT DENYING HISTORIC ZONING IS THE MECHANISM TO EXPRESS THAT CONCERN.

UH, THE, THE, THE LEGISLATURE HAS THE ABILITY TO REVISE THESE LAWS IF THEY THINK THAT THE TAX ABATEMENT PROVISIONS ARE BEING ABUSED.

SO, UM, I ALSO THINK THAT THERE'S AN ENORMOUS COST TO KEEPING THESE BUILDINGS, UM, AUTHENTIC TO THEIR ORIGINAL NATURE.

UM, IT IS GOING TO BE WAY CHEAPER FOR THE OWNER OF THIS BUILDING OR FOR THE HOMEOWNER'S ASSOCIATION OF THIS BUILDING TO PUT IN CHEAPER DOORS, CHEAPER WINDOWS, CHEAPER FIXTURES, RATHER THAN KEEPING AND MAINTAINING THE HISTORIC NATURE OF THIS BUILDING.

AND SO THERE ARE COSTS ASSOCIATED WITH THIS.

AND SO I DON'T PARTICULARLY HAVE AN ISSUE WITH, WITH, UH, SOME SORT OF TAX ABATEMENT RELATED TO THAT.

SO I JUST THINK THIS IS AN OBVIOUS CASE, AND IF IT GETS DENIED BECAUSE SOME CONDO OWNERS ENDED UP GETTING A TAX BENEFIT THAT ALL OWNERS OF HISTORIC PROPERTIES GET WITH THIS DESIGNATION, THEN I THINK THAT, THAT, THAT WE'RE, WE'RE EXPANDING OUR PURVIEW BEYOND WHERE WE, WHERE WE SHOULD GO.

I THINK THAT THIS IS AN OBVIOUS CASE.

OKAY.

THANK YOU.

ANY COMMISSIONER SPEAKING AGAINST THIS MOTION,

[01:05:03]

MR. ANDERSON? I LOVE THIS BUILDING.

I THINK IT'S GREAT.

I JUST DON'T FEEL THAT IT'S GOING TO DISAPPEAR ANYTIME SOON.

I THINK, YOU KNOW, WE, WE LOOK AT THE WAREHOUSE DISTRICT THAT WAS MENTIONED EARLIER.

I MEAN, IT'S A ONE STORY BUILDING AND RE YOU KNOW, TO, TO REDEVELOP A ONE-STORY BUILDING INTO A SKYSCRAPER IS ONE THING TO REDEVELOP A 26 STORY BUILDING INTO ANOTHER 26 STORY BUILDING.

YOU JUST SEE THAT LESS OFTEN.

AND IT JUST DOESN'T FEEL LIKE THIS SITE IS IN REAL, ANY, ANY REAL THREAT OF REDEVELOPMENT AND WITH SO MUCH OF IT BEING COMMERCIAL, AND WE'RE TALKING $2 MILLION UNITS, I GUESS, 500,000 TO 200, $2 MILLION UNITS.

IT JUST DOESN'T SEEM LIKE ANYTHING'S GOING TO HAPPEN TO THIS BUILDING ANYTIME SOON.

SO I THINK IT'S OKAY TO LET IT CONTINUE AGING IN PLACE LIKE IT IS.

ALRIGHT, COMMISSIONER SPEAKING IN FAVOR OF COMMISSIONER MITCH TODDLER, AND THEN, OKAY, WELL, LET'S START WITH CONDITIONER, MR. TELLER, AND THEN, UH, ARE YOU SPEAKING IN FAVOR? OKAY.

THANK YOU CHAIR.

UM, AYE.

AYE, AYE.

WE ALL HAVE OUR OWN STYLES THAT WE LIKE.

I WASN'T A HUGE FAN OF THE, SOME OF THE MID-CENTURY STUFF, BUT THIS IS A PRETTY, YOU KNOW, EVEN IF YOU'RE NOT A FAN OF IT IS PRETTY COOL.

THERE IS A LOT OF HISTORY HERE.

ONE OF THE THINGS I LOOK FOR AT LEAST AS A PLANNING COMMISSION MEMBER, WHEN THE HISTORIC STUFF COMES BEFORE US, IS WHAT, YOU KNOW, HOW WILL THE PUBLIC BE ABLE TO APPRECIATE IT? UM, AND WE LOOK AT A LOT OF PRIVATE PROPERTIES THAT COME BEFORE US, UM, ON ONE SIDE OR THE OTHER AND, YOU KNOW, DEPENDING ON THEIR LOCATION AND WHERE THEY ARE A LOT OF TIMES ACCESSIBILITY AND THE ABILITY TO APPRECIATE THE HISTORY THAT'S THERE ISN'T REALLY AS OBVIOUS.

I MEAN, THIS IS SO RIGHT IN THE HEART OF OUR DOWNTOWN AREA, UM, RIGHT NEAR THE CAPITOL.

AND SO EVEN IF THESE PARTS OF THE INTERIOR ARE PRIVATE AND WE'RE NOT ABLE TO APPRECIATE ALL OF THE INTERIOR, THE EXTERIOR ALONE AND THE PROPERTY HAS IN THE GROUNDS, HAVE A LOT OF HISTORY THERE THAT ANYBODY TOURING OUR DOWNTOWN AREA AND, UM, OUR CAPITAL CAN COME TO APPRECIATE IT.

I KNOW THERE ARE LOTS OF FANS OF THIS STYLE OF ARCHITECTURE AND THE HISTORY THAT'S THERE.

THEY'VE DONE A PRETTY GOOD JOB.

UM, THE OTHER THING I'D ALSO LIKE TO SAY IS I REALLY LIKE WHEN WE SEE THESE KINDS OF APPLICATIONS COME BEFORE US, WHEN IT'S, WHEN IT'S NOT NECESSARILY UNDER IMMINENT THREAT, I, I KIND OF STRUGGLE SOMETIMES WHEN WE GET A PROPERTY WHERE THE INITIATION OF THE HISTORIC DESIGNATION IS COMING, BECAUSE IT'S UNDER THREAT, UH, OWNER APPLICANT, OR SOMEBODY INTENDING TO DEVELOP THE PROPERTY, HAD NO IDEA, YOU KNOW, THAT THEY WERE GOING TO GET CAUGHT UP IN THAT QUAGMIRE.

UM, SO I LIKE THE PROACTIVENESS OF SEEKING THAT DESIGNATION.

I LIKE THE FACT THAT ANYBODY CAN COME AND