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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 APPRECIATE IT AND APPRECIATE THE ARCHITECTURE AND THE HISTORY THAT'S THERE.

AND THE DESIGNING THERE.

I THINK THIS IS REALLY WORTH STRONGLY CONSIDERING.

THANK YOU.

OKAY.

THIS SPEAKING AGAINST THIS MOTION, COMMISSIONER THOMPSON, HEAD YOUR HEAD UP.

SO YOU GOT, I ACTUALLY WANTED TO SPEAK NEUTRAL ON IT.

UM, AND THAT IS, I SORT OF WANT TO SORT OF OPPOSE WHAT, WHAT COMMISSIONER COX HAD SAID ABOUT BASICALLY SAYING WE SHOULDN'T WORRY ABOUT THE TAXES THAT WE HAVE TO WORRY ABOUT.

THE TAXES DID.

THAT'S, THAT'S WHAT WE'RE DOING.

WE HAVE A LIMITED NUMBER OF TAX DOLLARS THAT WE CAN SORT OF FORGIVE AND WE NEED TO THINK, IS THIS THE BEST USE OF THOSE TAX DOLLARS THAT WE CAN FORGIVE? ARE THESE THE THINGS THAT WE MOST WANT TO PRESERVE? UM, AND I'M GOING TO HAVE TO ABSTAIN ON THIS ONE BECAUSE I DON'T KNOW WHAT THAT NUMBER IS.

I DON'T KNOW WHAT IT'S GOING TO COST US TO PRESERVE THIS.

IT, IT SEEMS LIKE ARCHITECTURALLY, IT'S A NICE BUILDING.

I I'M A LITTLE QUESTIONABLE ABOUT SOME OTHER HISTORIC ASSOCIATIONS.

I SEE THREE HISTORIC ASSOCIATIONS.

THERE ONES.

IT'S A, IT'S A GREAT ARCHITECTURE BUILDING BUILT BY A GREAT ARCHITECT.

I'M NOT, NOT QUITE SURE HOW THAT COUNTS AS HISTORIC ASSOCIATION.

IT WAS FUNDED BY SOME PEOPLE WHO FUNDED LOTS OF OTHER BUILDINGS.

AND A LOT OF PEOPLE REALLY HATED IT WHEN IT FIRST CAME OUT, I GUESS, IS THE, THE OTHER ASSOCIATION.

UM, BUT, BUT I THINK IT'S, IT, IT SEEMS LIKE A GOOD, A GOOD CANDIDATE, BUT WITHOUT HAVING THOSE NUMBERS, I JUST, I DON'T, I CAN'T SUPPORT IT.

OKAY.

UH, COMMISSIONER SPEAKING FAVOR, I'D LIKE TO MAKE A SUBSTITUTE MOTION.

OKAY, PLEASE.

UH, UH, I'D LIKE TO MOVE TO POSTPONE THAT CASE UNTIL SEPTEMBER 26TH MEETING.

AND I WANT TO DO THAT, UM, FOR A COUPLE OF REASONS.

I DON'T, I'M NOT SURE I CAN SUPPORT THIS AS IT IS,

[01:10:01]

BUT I WOULD CERTAINLY BE OPEN TO, UH, SOME DISCUSSION, UH, ABOUT SEEING IF WE CAN PARSE OUT THE FACADE OF THE BUILDING FROM THE INTERIOR, THE MEAT OF THE BUILDING TO SEE IF WE CAN, UH, GO WITH WHAT EVERYBODY SEEMS TO AGREE ON AND, AND MINIMIZE THE AMOUNT OF TAX IMPACT BY EXEMPTING THE INTERIOR OF IT.

IT SHOULD ALSO GIVE US SOME TIME TO GET SOME ADDITIONAL INFORMATION.

SURE.

GO AHEAD.

LET'S WAIT TO EXPLAIN YOUR MOTION HEARING THIS SECOND.

YOU HAVE A SECOND BY COMMISSIONER ANDERSON.

SO, UM, WE'LL GO AHEAD AND RUN THROUGH IT EXPLAINED IT.

THIS IS, THIS IS, UH, TAKEN IT TO, YOU SAID THE 27TH.

IS THAT WHAT YOUR MOTION IS? UH, THAT THAT'S OUR MEETING DATE, CORRECT? YES.

UH, SEPTEMBER 27TH.

OKAY.

UH, MOTION BY FINISHED SHUDDER, SECONDED BY COMMISSIONER ANDERSON.

UH, DO YOU WANT TO SAY ANYTHING ELSE ABOUT YOUR MOTION COMMISSIONER SNYDER? UH, JUST THAT IT WOULD, IT MAY ALSO GIVE US A TIME TO GET SOME MORE PRECISE INFORMATION ABOUT THE TAX IMPACT IF WE'RE UNABLE TO SEPARATE THE FACADE FROM THE INTERIOR IN TERMS OF PROVIDING AN HISTORICAL DESIGNATION.

OKAY.

UH, THOSE SPEAKING AGAINST THIS MOTION, UH, COMMISSIONER COX, I'M NOT NECESSARILY OPPOSED TO POSTPONING.

UM, I JUST, I JUST WANT TO POINT OUT THAT, THAT THE TAX ABATEMENT PROVISIONS ARE IN THERE AS STAFF HAS TOLD US AS AN INCENTIVE TO HELP MAINTAIN HISTORIC PROPERTIES, WHICH IS A VERY EXPENSIVE THING TO DO.

AND SO THE INDIVIDUALS WHO ARE GOING TO BEAR THAT EXPENSE ARE THE OWNERS OF THE UNITS IN THIS BUILDING.

THERE'S NO OTHER, AS FAR AS I'M AWARE, THERE'S NO OTHER MAGICAL SOURCE OF MONEY THAT IS PROTECTING THE OWNERS OF THESE CONDOS FROM NOT HAVING TO PAY THE EXTRA EXPENSE, TO PUT IN AUTHENTIC FIXTURES, TO NOT DECIDE TO JUST CLAD THE BUILDING WITH METAL PANELS SO THAT THEY DON'T HAVE TO MAINTAIN THE BRICK OR, YOU KNOW, WHATEVER.

AND, AND IN THE COMMENT ABOUT, YOU KNOW, IT'S NOT UNDER THREAT, SO WHY DO ANYTHING ABOUT IT? I, I GET SO FRUSTRATED WHEN WE GET HISTORIC ZONING CASES AND THE REASON WE VOTE AS A COMMISSION NOT TO RECOMMEND HISTORIC ZONING IS BECAUSE THE BUILDING HAS BEEN MUTILATED OVER THE YEARS.

AND, AND THERE'S SO LITTLE OF IT LEFT.

THAT'S AUTHENTIC TO ITS ORIGINAL CHARACTER.

AND, AND SO THIS IS THE EXACT OPPORTUNITY.

IF WE LET IT JUST SIT THERE TO BE UNPROTECTED, NO MATTER WHAT THE TAX ABATEMENT DOLLARS ARE.

THERE'S SO MANY THINGS THAT CAN BE DONE TO THIS BUILDING THAT REMOVES THE HISTORIC NATURE OF THE BUILDING.

AND SO THIS IS THE EXACT MECHANISM WE HAVE AVAILABLE TO US TO, TO PREVENT THAT FROM HAPPENING.

UM, I, AGAIN, I'M NOT OPPOSED TO GETTING MORE ANSWERS TO HELP COMMISSIONERS, UM, MAKE A DECISION, BUT, BUT I JUST THINK THAT, THAT WE'RE, WE'RE GOING BEYOND OUR PURVIEW HERE.

OKAY.

UH, THOSE SPEAKING IN FAVOR OF THE MOTION, WHAT'S YOUR SHEA.

YEAH.

SO I'M GOING TO SPEAK IN FAVOR OF IT BECAUSE I HAD, IF IT WAS GOING TO GO FORWARD, I WAS HAVING PROBLEMS SUPPORTING THIS.

SO, UM, I MEAN THE BUILDING IS A NATIONAL IS ON THE NATIONAL REGISTRY.

IT IS A HISTORIC BUILDING.

SO THERE'S PROTECTIONS THAT COME ALREADY FROM THIS, THE THING FROM THE CITY, IT'S LIKE, IT'S AN ADDITIONAL THING.

OFTENTIMES BE THINGS START AS WE GET THE CITY ONE, AND THEN THEY GO FOR THE NATIONAL, AND THIS IS ALREADY ON THE NATIONAL REGISTRY AS A HISTORIC BUILDING.

RIGHT.

AND THEN THE OTHER THING IS FOR THE CITIES, THE CITIES, WHEN IT COMES TO CITIES, GET THE H DESIGNATION, THE INTERIOR OF THE BUILDINGS, THEY COULD DO WHATEVER THEY, THEY CAN MAKE IT COMPLETELY CONTEMPORARY AND MODERN IF THEY WANT.

RIGHT.

SO THE CHOICES OF THE INTERIOR ASPECT OF IT BEING HISTORIC, IS THERE A CHOICE, RIGHT? BECAUSE THE OUTSIDE IS WHAT, WHAT, WHAT WERE SOME LIKE WHEN YOU GO UNDER THE H IT AS A NATION, THE OUTSIDE IS THE PART THAT GETS, UM, THAT IS SUPPOSED TO BE MAINTAINED FOR HISTORIC.

SO THAT'S WHY IT'S LIKE TO ME WITH, WITH THIS APPROACH TO EXPLORE THAT, THAT MAKES MORE SENSE.

AND THEN ESPECIALLY THE OTHER THING IS, YOU KNOW, AS STAFF SAID, THIS WAS CREATED IN ORDER TO GET PEOPLE TO, HEY, WE SHOULD TRY TO PRESERVE THIS BUILDING FROM IN SUCH, AND IN THIS CASE HERE, I MEAN, IT'S NOT NEAR TO THREAT NOW, SHOULD IT BE CONSIDERED WITH SOMETHING? I AGREE, THERE'S GOTTA BE SOMETHING.

SO I'M SUPPORTING THIS NOW.

BUT THE ORDINANCE ALSO WASN'T CREATED TO DEAL WITH PROPERTIES LIKE THIS.

I MEAN, WHAT IF YOU TAKE THIS, WHAT IF YOU TOOK THIS THING WITH THE SKIN THAT WE'RE PRESERVING AND YOU MAKE THIS IMMENSELY GIGANTIC AND PUT AS MUCH SQUARE FOOTAGE INSIDE YET, IT'S THE OUTSIDE THAT'S, UM, THAT'S SUPPOSED TO BE PROTECTED FOR THE HISTORIC ASPECT

[01:15:01]

FOR THE CITY PART, BUT THEN THE VALUATION IS ALL ON THIS.

WHAT IS CONSIDERED AN INTERNAL, BUT IF YOU KEEP MAKING THIS BIGGER, THE AREA INCREASES AND YOU'RE GOING TO GIVE THE BENEFIT FOR ALL THIS, YOU KNOW, AS, AS YOU KNOW, THE, ONE OF THE SPEAKERS SAID THE AIRSPACE, BUT THE WHOLE POINT OF THE DESIGNATION IS THE OUTER SKIN THAT'S PROTECTED UNDER THE H DESIGNATION.

SO THAT'S WHY I'M SUPPORTING THIS TO EXPLORE THIS.

THANKS.

OKAY.

SPEAKERS AGAINST THE MOTION, NOT ME COMMISSIONERS AGAINST THE MOTION.

OKAY.

UH, SO THIS IS A SUBSTITUTE MOTION TO POSTPONE THE CASE UNTIL, UM, OH, I'M SORRY.

COMMISSIONER CZAR, PLEASE.

AND I'M NOT TRYING TO NOT ASK, BUT DO WE HAVE ANOTHER SPOT IN FAVOR? UH, YOU HAVE, YES.

ONE MORE SPOT IN FAVOR OF THE, UH, SUBSTITUTE MOTION.

I APPRECIATE THAT CHAIR.

I, YOU KNOW, I, I HAVE TO SAY, I APPRECIATE YOUR, YOUR MOTION HERE TO REALLY BE MORE DELIBERATE ABOUT THE ACTION THAT WE'RE TAKING HERE.

I KNOW IT'S VERY EASY TO SAY THAT THE TAX LISA'S NOT CRITICAL, BUT IT IS ASSOCIATED WITH THE ZONING, WHICH IS UNDER OUR CONTROL, THE SAME WAY THAT HIS ZONING MAYBE LINKED TO AN AFFORDABLE HOUSING REQUIREMENT OR ZONING MAY BE LINKED TO GREATER HEIGHT OR ZONING, MAYBE LINKED TO THE ABILITY TO SELL LIQUOR.

HERE.

WE HAVE ZONING LINKED TO THE ABILITY TO GET A DEATH BENEFIT AND OFFERING HALF A MILLION IN TAX BREAKS TO CONDO OWNERS.

DOWNTOWN IS SOMETHING THAT IS WORTHY OF REALLY REFLECTING ON THE ACTION THAT WE'RE TAKING HERE.

IT IS A VERY LARGE SUM, AND I THINK MOST IMPORTANTLY AND CRITICALLY FOR US AS PLANNING COMMISSIONERS IS, IS THIS THE TRUE APPLICATION OF THE GOLD AS IT WAS INTENDED? OR IS THIS A MISAPPLICATION OF THE CODE? I JUST WANT TO BE CLEAR AGAIN, HALF A MILLION DOLLARS, SOME OF FEBRUARY TAKING IT FROM THE SCHOOL DISTRICT.

WE JUST HAD CITY COUNCIL THAT IS STRUGGLING TO PAY LIVING WAGE TO OUR EMPLOYEES IN THE CITY OF AUSTIN.

WE HAVE A SCHOOL DISTRICT THAT IS STRUGGLING TO PAY LIVING WAGES TO THEIR TEACHERS AND EMPLOYEES.

THIS CERTAINLY HAS AN IMPACT.

AND I THINK THE QUESTION OF, YES, WE HAVE GIVEN THIS TAX BENEFIT TO OTHER SINGLE FAMILY HOMEOWNERS.

I THINK WE SHOULD QUESTION THAT AS WELL.

WE SHOULD TRULY BE THINKING, WHAT ARE THE TAX IMPLICATIONS OF THIS PROGRAM? AND I FORGET WHEN, BUT NEARLY A YEAR AGO, I HAD ASKED STAFF TO TELL US WHAT ARE THE TAX IMPLICATIONS AND DISCUSS THE PROGRAM AND SEE HOW WE MIGHT CONSIDER IT IN A DIFFERENT WAY.

AND I HAVE YET TO SEE THAT PRESENTATION.

SO I DO SEE SOME NEGLECT ON THE BUYER OF STAFF ON INFORMING US WHAT CAN OR CANNOT BE DONE OR HELPING US UNDERSTAND HOW WE MOVE BETTER AND MOVE THE PROGRAM SO THAT WE'RE NOT BINDING THE HANDS OF OUR SCHOOL DISTRICT, OUR CITY ARCHEOLOGY IN THEIR ABILITY TO FUND FOR THINGS THAT PEOPLE IN THIS CITY.

OKAY.

THANK YOU.

ANY, UH, SPEAKERS AND THE COMMISSIONERS NOT TO SPEAK AGAINST THIS MOTION? COUPA.

OKAY.

YES.

CHEER CON.

SO I, I UNDERSTAND, I CAN'T SPEAK ON THE MOTION SPECIFICALLY.

UH, PERSONALLY I FIND IT A LITTLE OFFENSIVE GIVING OWNERS A MILLION DOLLAR CONDOS, A BREAK ON TAXES, BUT FROM A PROFESSIONAL LEVEL IS YOUR CHAIR OF THE BOARD OF ADJUSTMENT.

I WOULD ADVISE THAT AT LEAST FROM MY PERSPECTIVE, IT'S REALLY NEAT HAVING THAT ATTORNEY SITTING RIGHT NEXT TO ME, WHENEVER I HAVE AN ISSUE.

AND YOU'VE GOT A STAFF MEMBER HERE WHO HAS OFFERED TO GO AND GET WITH LEGAL TO SEE IF THERE ARE OTHER OPTIONS THAT CAN BE EXPLORED, MAYBE, UH, AT LEAST IN THIS CASE, POSTPONING FOR A LITTLE BIT LONGER, MIGHT NOT HURT.

SO I ADVISE THE COMMISSION TO JUST STRONGLY CONSIDER POSTPONING OR TAKING ADVANTAGE OF THAT.

THANK YOU.

ALL RIGHT.

LET'S GO AHEAD AND VOTE ON THE SUBSTITUTE MOTION TO POSTPONE THIS CASE UNTIL SEPTEMBER 27TH.

YES.

SUPER QUICK.

CLARIFYING QUESTION.

OKAY.

AS THE SECOND, I JUST WANNA MAKE SURE THAT THIS IS WHAT WE'RE VOTING ON AS I THINK WE'RE VOTING ON.

SO MAYBE ROB, YOU CAN CLARIFY, BUT WE ARE LOOKING TO ASK STAFF TO LOOK INTO COMING BACK WITH A HISTORIC DESIGNATION FOR THE FACADE AND FOR THE INTERIOR COMMON SPACE, EXCLUDING THE MACHINE SPACE, RIGHT.

WE DON'T CARE ABOUT PROTECTING THE PARKING GARAGE FROM CHANGE THE INTERIOR OF THE PARKING GARAGE.

WE WERE JUST LOOKING AT THE INTERIOR COMMON SPACE.

THERE'LL BE ALL THE ELEVATOR LANDINGS IN THE LOBBY, AND THEN THE EXTERIOR FACADE.

DOES THAT SOUND ABOUT, RIGHT.

I DON'T KNOW IF WE CAN ASK THAT AS PART OF THIS MOTION, BUT THAT'S THE SORT OF INFORMATION THAT I BELIEVE WOULD BE VERY HELPFUL FOR US IN CONSIDERING.

SO POINT OF ORDER HERE, I THINK YOU BRING UP A GOOD POINT COMMISSIONER ANDERSON POINT ORDER.

SO DOES THAT HAVE TO BE CLEAR IN THE POSTING? YOU KNOW, WHAT EXACTLY WE ARE DEEMING HISTORIC.

IF STAFF FINDS A WAY TO LIMIT THE HISTORIC DESIGNATION, CAN IT BE

[01:20:01]

KIND OF AN OPTIONAL THAT WE HAVE OPTION A OR B OR IS IT JUST ONE OR THE OTHER SURE.

COMMISSIONER LAYS ON OUR STAFF IS AWARE OF THE INQUIRY AND WILL, UM, CONFER WITH LEGAL.

OKAY.

THANK YOU.

ALL RIGHT.

SO COMMISSIONER'S CLEAR ON WHAT WE'RE VOTING ON HERE.

ALL RIGHT.

LET'S GO AHEAD AND TAKE A VOTE ON THE SUBSTITUTE MOTION THAT IS ON THE DICE IN FAVOR OF THE MOTION.

OKAY.

THAT'S EVERYONE.

UH, THOSE, UH, VIRTUALLY, UH, THOSE IN FAVOR OF THE MOTION.

UM, ONE TO KEEP YOUR, LET'S SEE 1, 2, 3, 4, AND THEN THOSE AGAINST VOTING AGAINST THIS MOTION AND OKAY.

AND THOSE ABSTAINING FROM THIS MOTION THAT'S, UH, COMMISSURES COX AND MICHELLE.

OKAY.

SO THAT MOTION PASSES NINE ONE TO TWO WITH A VICE-CHAIR HIPPO VOTING AGAINST THE MOTION AND COMMISSIONERS COPS AND BOOST TALLER ABSTAINING.

SO THAT PASSES CIVIL.

WE'LL BRING THIS BACK AROUND ON SEPTEMBER 27TH.

SURE.

OUR COMMISSION LIAISON, ANDREW.

SO IN DOING SO, UM, IF WE CAN RECONSIDER THE PUBLIC CLOSING OF THE POTENT HEARING, THERE'LL BE A STEP ONE AND THEN POSTPONE THE PUBLIC HEARING TO SEPTEMBER 27TH.

OKAY.

SO, UM, I HAVE A MOTION BY COMMISSIONER CZAR FOR A RECONSIDERATION OF THE PUBLIC HEARING AND POSTPONE THAT TILL 9 27.

DO I HAVE A SECOND, UH, COMMISSIONER COX.

ALL RIGHT.

LET'S GO AND TAKE A VOTE, UM, ON THE DYES.

UH THAT'S EVERYONE AND THOSE ON THE SPRAIN.

OKAY.

THAT'S UNANIMOUS.

THANK YOU.

ALL RIGHT.

ARE WE GOOD? THANK YOU.

[21. Briefing regarding amending Title 25 of the City Code relating to environmental, drainage, and landscape requirements. City Staff: Liz Johnston, Watershed Protection Department, (512) 974-2619, Liz.Johnston@austintexas.gov (Co-Sponsors Vice-Chair Hempel and Commissioner Azhar) ]

ALL RIGHT, LET'S GO AHEAD AND MOVE, UH, YOUR AGENDA.

LET'S SEE, WE'VE GOT, UH, ITEM 21.

WE HAVE A BRIEFING FROM DAF ON, UH, THIS IS THE BRIEFING REGARDING AMENDING TITLE 25 OF THE CITY CODE RELATING TO ENVIRONMENTAL DRAINAGE AND LANDSCAPE REQUIREMENTS.

WE HAVE CITY STAFF THAT IS JOHNSON WATERSHED PROTECTION DEPARTMENT.

OKAY, THANK YOU VERY MUCH.

UM, LET'S SEE.

I THINK WE'RE GIVING YOU, UM, IS IT 15 MINUTES, 15 MINUTES AND YOU DON'T HAVE TO USE IT ALL IF YOU DON'T NEED TO.

GREAT, GOOD EVENING COMMISSIONERS.

MY NAME IS KATIE COYNE.

I'M THE ENVIRONMENTAL OFFICER FOR THE CITY OF AUSTIN AND ASSISTANT DIRECTOR OF THE WATERSHED PROTECTION DEPARTMENT.

I WILL YIELD MOST OF MY TIME TO MY COLLEAGUE, LIZ JOHNSTON, BUT JUST WANTED TO PREFACE THIS BY SAYING, WE'RE COMING TO YOU FOR THE FIRST OF TWO TIMES, UH, TO SPEAK ABOUT ENVIRONMENTAL CODE UPDATES THAT WERE INITIATED BY COUNCIL DIRECTION.

UH, MANY OF WHICH WERE ALREADY PROPOSED AS PREVIOUS LDC DRAFT CONTENT, UH, WHICH IS WHY WE'VE BEEN GIVEN A VERY SHORT TIMELINE TO BRING THEM BACK TO COUNCIL, AIMING TO GET THEM BACK BY END OF SEPTEMBER.

UH, I'M STILL VERY EXCITED ABOUT THE IMPACT OF THESE ITEMS. MANY OF THEM ARE KEY ITEMS FOR ENVIRONMENTAL ADVOCATES IN THE COMMUNITY TO MOVE FORWARD GREENER AND MORE RESILIENT POLICIES FOR THE CITY OF AUSTIN.

UH, I'LL LET LIZ, UH, TALK A LITTLE BIT MORE ABOUT THEM.

ALL RIGHT.

GOOD EVENING COMMISSIONERS.

UM, NEXT SLIDE.

THANKS.

UM, I DID PUT TOGETHER QUITE A LONG, UM, PRESENTATION FOR Y'ALL.

UM, AND I'M GOING TO SKIP OVER SOME SLIDES IN ORDER TO MAKE SURE THAT WE'RE STAYING WITHIN THE 15 MINUTE TIME PERIOD.

BUT IF THERE'S ANYTHING THAT I SKIPPED OVER THAT YOU HAVE QUESTIONS ABOUT, UM, MAKE SURE YOU STOP ME OR GET ME AT THE END AND DURING Q AND A.

SO AS MS COYNE SAID, THIS IS A RESPONSE TO A RESOLUTION FROM CITY COUNCIL FROM, UM, JUNE 9TH, UH, BRINGING FORTH AN ORDINANCE THAT HAD A NUMBER OF SUBJECT AREAS, UH, MORE OR LESS RELATED TO ENVIRONMENTAL PROTECTION.

UM, OUR DUE DATE IS SEPTEMBER 15TH.

WE ARE, UM, ALREADY KNOW WE'RE GOING TO BE A LITTLE LATE THERE.

UM, SEPTEMBER 29TH IS THE COUNCIL DATE THAT WE'RE AIMING FOR NEXT SLIDE.

UM, WE HAVE BROUGHT TOGETHER SOME INTERNAL STAFF WITHIN WATERSHED AND OTHER DEPARTMENTS.

UM, WE'VE PUT TOGETHER AN ENVIRONMENTAL COMMISSION WORK GROUP.

WE'VE HAD AN UPDATE TO THE ENVIRONMENTAL COMMISSION AND LAST WEEK WE PRESENTED AT CODES AND ORDINANCES JOINT COMMITTEE.

UM, AND WE WERE ASKED AT THAT TIME, IF WE COULD COME BACK AND GIVE Y'ALL A BRIEFING, NEXT SLIDE.

UM, WE ARE ALSO HOPING TO ATTEND ZONING AND PLANNING AND GIVE THEM A BRIEFING NEXT WEEK.

UM, ENVIRONMENTAL COMMISSION FOR A RECOMMENDATION, UM, BACK TO THIS BODY ON THE 13TH FOR A RECOMMENDATION AND THEN CITY COUNCIL ON THE 29TH, WE'VE HAD, UM, SOME OUTREACH REQUESTS FROM RICA, FOR EXAMPLE, WHICH WE WILL BE PRESENTING

[01:25:01]

TO THEM.

AND, UM, MS. PAMELA, ABBY TALI HAS ALSO, UH, PRESENTED TO THE DESIGN COMMISSION AND WE'LL BE COMING BACK TO THEM RELATED TO FUNCTIONAL GREEN SPECIFICALLY.

UM, THERE ARE TWO ORDINANCES ASSOCIATED WITH THIS RESOLUTION.

UM, TWO ITEMS THAT WERE PART OF THE RESOLUTION WERE PEELED OUT AND PUT IN A SLIGHTLY LONGER TIMELINE.

SO WE HAVE, UM, AN EXTRA MONTH, SO NOT A LOT OF EXTRA TIME FOR, UM, GREENFIELD DETENTION REQUIREMENTS AND URBAN SLOPE PROTECTIONS.

AND SO, UM, THAT IS DUE NOVEMBER 3RD AND, UM, WE WILL NEED, YOU KNOW, WE WILL COME BACK, UM, AND TALK MORE SPECIFICALLY ABOUT THOSE AT A LATER DATE.

NEXT SLIDE.

ALL RIGHT.

SO I'VE GROUPED, UM, SOME OF THE RESOLUTION ITEMS TOGETHER.

SO, UM, IF THE NUMBERS THERE MAY BE OUT OF SEQUENCE, JUST BECAUSE I'VE GROUPED THEM, UM, BY TOPIC, NOT BY SEQUENCE AND THE RESOLUTION.

UM, SO THE FIRST ONE SAYS ESTABLISHED CRITERIA THAT PRIORITIZE WHEN GREEN STORMWATER METHODS SHOULD BE REQUIRED OR INCENTIVIZED OVER CONVENTIONAL STORMWATER CONTROLS.

AND SO WHAT THIS MEANS IS, UM, GSI, UM, IS, UH, RELATED TO, UM, STORM WATER CONTROLS, SUCH AS RAIN GARDENS, BIOFILTRATION PONDS, AND BASICALLY, YOU KNOW, DISCONNECTED STORMWATER AS OPPOSED TO GRAY CONTROLS, WHAT YOU SEE ON THE, UM, RIGHT, LIKE A TRADITIONAL SEDIMENTATION FILTRATION, UH, POND.

NEXT SLIDE.

UM, GSI HAS BEEN TALKED ABOUT FOR A NUMBER OF YEARS.

IT'S BEEN PART OF, UH, YOU KNOW, IMAGINE AUSTIN AND WE'VE HAD POLICY GUIDANCE FROM COMMUNITY STAKEHOLDERS, THE CITY COUNCIL, ENVIRONMENTAL COMMISSION, ET CETERA, TO IMPLEMENT JSI MORE OFTEN.

AND THIS WAS PART OF THE DISCUSSION DURING THE LDC REWRITE THERE A NUMBER OF ANCILLARY BENEFITS THAT COME FROM GSI AND IN TOWN GROWING, UM, LIKE AUSTIN, EVERY SQUARE FOOT NEEDS TO COUNT, UM, SAID, FILL PONDS, DO WHAT THEY DO WELL, WHICH IS REMOVED TOTAL SUSPENDED SOLIDS, BUT THEY, UM, THEY'RE KIND OF, THEY'RE PUT ASIDE, THEY'VE GOT A FENCE AROUND THEM.

THEY DON'T, YOU DON'T HAVE PLANTS GROWING IN THEM AND THEY DON'T HAVE THE ADDITIONAL BENEFITS THAT, UM, A RAIN GARDEN, UH, WOULD HAVE NEXT SLIDE.

I'M GOING TO SKIP OVER THIS, BUT THIS IS JUST A TIMELINE OF DISCUSSIONS SURROUNDING GSI.

JUST TO SAY THAT WE'VE BEEN TALKING ABOUT IT FOR A WHILE NOW.

UH, NEXT TWO SLIDES.

THANK YOU.

OKAY.

SO GOING BACK TO THE RESOLUTION, IT SAYS ESTABLISHED CRITERIA THAT PRIORITIZE WHEN GREEN STORMWATER METHODS SHOULD BE REQUIRED OR INCENTIVIZE OVER CONVENTIONAL STORMWATER CONTROLS.

UM, AFTER DISCUSSING INTERNALLY AND WITH, UM, SOME OF THE STAFF, UM, IN WATERSHED, IN OUR PLANNING GROUP AND DSD, UM, WE ARE RECOMMENDING VERY SIMILAR LANGUAGE, UM, AS WHAT WE WERE RECOMMENDING IN THE LDC REWRITE, WHICH IS REQUIRED GSI FOR SITES THAT HAVE LESS THAN 90% IMPERVIOUS COVER, UM, AND, UM, UH, ALLOW SITES THAT TREAT EXISTING AND PREVIOUS COVER WITH A GREATER AREA OF 10 ACRES OR MORE, UM, OR SITES THAT HAVE HIGHLY CONTAMINATED RUNOFF.

THOSE WOULD BE ABLE TO USE TRADITIONAL SAID, FILL PONDS AND, UM, ALLOW IT ADMINISTRATIVE VARIANCE.

IF THERE ARE SITES THAT ARE CONSTRAINED FOR WHATEVER REASON, YOU KNOW, HERITAGE TREES ARE CRITICAL ENVIRONMENTAL FEATURES WHERE YOU JUST REALLY CAN'T, UM, TALK IN A RAIN GARDEN EVERYWHERE.

UM, THERE'S JUST NOT THE ABILITY TO DO THAT.

WE WOULD, UM, ALLOW IT ADMINISTRATIVE VARIANCE FOR THOSE, UM, OPTIONS.

WE ALSO NEED TO UPDATE OUR ENVIRONMENTAL CRITERIA MANUAL TO CLEARLY DEFINE WHAT GSI IS.

THERE ARE CERTAIN THINGS THAT MAY NEED TO BE ADDED TO THAT DEFINITION.

SOME THINGS THAT MAY NEED TO BE COME OFF.

UM, AND SO THAT, THAT WILL BE, UM, SOMETHING THAT WE CAN DO AFTER THE ORDINANCE.

IT'S NOT SOMETHING THAT'S AN EMERGENCY RIGHT NOW.

WE HAVE ENOUGH GUIDANCE THERE NOW TO GET US THROUGH UNTIL WE CAN PUT THOSE FORWARD, UH, NEXT SLIDE, UM, ITEM TO REQUIRE SURFACE PARKING, LOT STORMWATER TO ENTER PERVIOUS, PARKING, LOT ISLANDS, LANDSCAPED MEDIANS, AND PERIMETER LANDSCAPES AS A METHOD OF WATER QUALITY AND REQUIRE THAT PAVEMENT BE GRADED TO ALLOW RUNOFF, TO ENTER A PLANTING AREAS.

UM, AND SO I THINK THAT WHAT IT SAYS AS A METHOD OF WATER QUALITY, WE'RE NOT TALKING ABOUT MAKING EVERY LANDSCAPE ISLAND, MEDIAN AND PENINSULA A RAIN GARDEN, BUT TO, UM, DIFFERENTIATE THE INTENT FROM THE EXISTING STORM WATER IRRIGATION REQUIREMENTS THAT ARE HOUSED IN THE LANDSCAPE CODE, WHICH SAYS THAT A CERTAIN AMOUNT OF THE REQUIRED LANDSCAPE AREA HAS TO DRAIN TO A, UH,

[01:30:01]

GREEN AREA, WHICH HAS ITS OWN SET OF CRITERIA TABLE THAT NEEDS TO BE DONE AND CERTAIN AMOUNT OF CALCULATION THAT HAS TO BE DONE.

SO THIS IS SAYING, YOU KNOW, THAT, UM, THAT WAS FOR IRRIGATION WERE, WE DON'T REALLY WANT THAT ANYMORE.

WE WANT TO JUST PUT A STORMWATER TO THESE AREAS WHERE FEASIBLE, AND THAT IS BECAUSE IT HELPS FOR, UH, WATER QUALITY PURPOSES.

UM, NEXT SLIDE.

OH, ACTUALLY GO BACK TO THAT ONE.

SO I CAN TALK MORE ABOUT THE RECOMMENDATION.

SO WHAT WE'RE PROPOSING TO DO IS REMOVE THE REQUIREMENT THAT ALL LANDSCAPED ISLANDS BE PROTECTED BY A SIX INCH CURB, WHICH PREVENTS STORMWATER FOR GUM FROM GOING INTO THESE AREAS, REMOVE THAT IRRIGATION REQUIREMENT, WHICH HAS BEEN KIND OF BURDENSOME, UM, AND REQUIRE APPLICANTS TO DRAIN STORM WATER, TO LAND LANDSCAPE AREAS WHERE POSSIBLE, BUT NOT HAVE A CERTAIN AMOUNT, UM, ADDED.

SO THERE WOULDN'T BE THIS EXTRA CALCULATION.

THEY WOULD JUST NEED TO SHOW THAT THEY'RE GOING TO THESE AREAS AND WE'RE NOT GETTING IN THE WAY OF OURSELVES BY REQUIRING CURVES EVERYWHERE.

NEXT SLIDE.

ALL RIGHT, THIS ONE SAYS, ALLOW CISTERNS TO BE SIZED BEYOND THE REQUIRED STORM CAPTURE AMOUNT AND REMOVE REQUIREMENT FROM STORMWATER RELEASE SO THEY CAN SUPPLY IRRIGATION NEEDS THROUGHOUT THE YEAR.

UM, AND DISCUSSIONS WITH OUR COLLEAGUES IN AUSTIN, WATER WHO ARE IMPLEMENTING WATER FORWARD.

UM, WE, WE ALREADY DO ALLOW CISTERNS TO BE SIZED BEYOND REQUIRED STORM CAPTURE AMOUNT, AND THAT EXTRA VOLUME DOES NOT HAVE A, UM, STORMWATER RELEASE REQUIREMENT.

UM, BUT WE DO KNOW THAT WE NEED TO HAVE FURTHER DISCUSSIONS AND DEVELOP BETTER TECHNICAL CRITERIA TO MAKE IT TO STREAMLINE THAT BECAUSE I KNOW THAT IT CAN BE KIND OF BURDENSOME FOR STAFF OR TO, FOR DEVELOPERS TO MEET BOTH OF OUR WATER QUALITY REQUIREMENTS AND AUSTIN WATER'S GOALS TO KEEP THAT WATER BACK AND ALLOW IT TO BE USED IN VERY DRY TIMES, INSTEAD OF LETTING IT ALL GO IN 72 HOURS.

UM, BUT WE DON'T BELIEVE THERE IS A CODE CHANGE ASSOCIATED WITH THIS, UM, BECAUSE WE CAN ALREADY DO THAT.

UM, THIS WOULD BE AN ECM UPDATE.

SO AN ENVIRONMENTAL CRITERIA MANUAL UPDATE THAT WE WILL, UM, TRY TO IMPLEMENT AS QUICKLY AS POSSIBLE, UM, AND SCHEDULE WORKING MEETINGS WITH, UM, AUSTIN WATER COLLEAGUES IN ORDER TO DO SO.

SO, UH, NEXT SLIDE.

ALL RIGHT.

SO MOVING FROM THE STORM WATER TO FUNCTIONAL GRAIN, THIS IS A LANDSCAPE, UM, REQUIREMENT, AND, UM, AS ABBY TALI SHOULD BE ON, UM, HERE ON VIRTUALLY TO, TO DISCUSS THIS, UM, IF, IF YOU HAVE QUESTIONS LATER, UM, BECAUSE THIS IS NOT TECHNICALLY WATERSHEDS, THIS IS A DSDS CODE SECTION.

UM, SO FUNCTIONAL GREEN IS A BASED ON ECOSYSTEM SERVICES CREATED BY LANDSCAPE.

IT IS INTENDED TO, UM, UH, PROVIDE SOME SORT OF LANDSCAPE REQUIREMENT FOR SITES WITH HIGH IMPERVIOUS COVER WHERE THE TRADITIONAL LANDSCAPE REQUIREMENTS AREN'T, UM, EFFECTIVE BECAUSE THOSE ARE KIND OF ANTICIPATE BIG BUILDINGS WITH BIG PARKING LOTS AND A LARGE STREET YARD.

UM, SO THIS IS FOR MORE URBAN DEVELOPMENT THAT DON'T HAVE THE BIG PARKING LOTS, NEXT SLIDE.

AND SO WHAT THIS SAYS IS THAT THERE'S A POINT SYSTEM BASED ON THE SITE AREA, AND THERE'S A VARIETY OF LANDSCAPE ELEMENTS THAT YOU CAN, UM, IMPLEMENT IN ORDER TO GET TO THE CERTAIN POINT THAT YOU NEED.

AND THOSE LANDSCAPE ELEMENTS ARE INCLUDED THERE.

UM, NEXT SLIDE.

SO WHAT WE'RE PROPOSING IS TO UPHOLD THE PREVIOUS RECOMMENDATION FROM THE LDC REWRITE WITH SOME EDITS THAT MAKE IT, UM, UH, YOU KNOW, WORK IN WITH THE LDC.

UM, LAW IS ADVISING US THAT WE SHOULD NOT PUT THIS IN LANDSCAPING, BUT ACTUALLY CREATE A SEPARATE SUBCHAPTER IN 25 8 AND ASK, UH, FOR COUNCIL TO ALLOW US TO MOVE THE REST OF THE LANDSCAPE INTO THAT SUB CHAPTER AS WELL, JUST TO GET IT OUT OF ZONING.

SO WE'LL BE CONTINUING THOSE DISCUSSIONS THAT MAY BE A LATER ORDINANCE.

UM, AND THIS WOULD BE, UM, APPLICABLE TO ANY SITE IN TOWN, INCLUDING THE CBD OR DMU PROJECTS WITH GREATER THAN 80% ALLOWABLE, IMPERVIOUS COVER, NEXT SLIDE.

UM, ALL RIGHT, MOVING INTO WATER RESOURCE PROTECTION.

THERE'S A NUMBER OF ITEMS, AND I WILL TRY TO SKIP OVER A LOT SOME OF THESE, BUT THIS ONE IS RELATED TO IN-CHANNEL DETENTION PONDS, EXCEPT FOR CAPITAL PROJECTS OR PRIVATE PUBLIC PARTNERSHIPS.

UM, DETENTION PONDS ARE NOT CURRENTLY ALLOWED IN THE CRITICAL WATER QUALITY ZONE, EXCEPT THERE IS A CARVE OUT FOR IN CHANNEL DETENTION PONDS.

SO DETENTION PONDS, RIGHT IN THE MIDDLE OF THE CREEK, THESE ARE DIFFICULT TO IMPLEMENT BECAUSE THERE'S SOME COMPLEX MODELING HAS TO OCCUR TO ENSURE THAT, UM, THEY ARE BUILT

[01:35:01]

IN A WAY THAT DOESN'T CAUSE DOWNSTREAM EROSION.

SO WE DON'T SEE VERY MANY OF THESE, BUT WE HAVE SEEN, UM, SOME, UM, PUT FORWARD WATERSHED DOES HAVE SOME OF THESE THAT HERE'S AN EXAMPLE OF ONE THAT YOU WOULDN'T REALLY EXPECT THAT TO BE A CREEK, BUT IT, IT IS.

AND WE'LL, WE'LL BE DOING SOME RETROFITS OF SOME OF THESE, UH, WE NEEDED A CARVE OUT FOR SOME OF OUR PROJECTS.

NEXT SLIDE.

UM, TWO OF THESE ITEMS TOGETHER RELATED TO UTILITIES, UM, THIS IS REQUIRED THAT PROJECTS RELOCATE REPLACED, OR UPSIZE WASTE ORDER PIPES OUTSIDE OF THE INNER HALF OF THE CRITICAL WATER QUALITY ZONE OR, AND REQUIRE UTILITY EASEMENTS TO MEET THE SAME STANDARDS AS UTILITY PIPES WITHIN CREEK AND CREEK BUFFERS.

WE HAVE BEEN TALKING WITH OUR COLLEAGUES, ESPECIALLY IN AUSTIN WATER ABOUT THIS PARTICULAR CODE AMENDMENT.

UM, I REALLY DO BELIEVE THAT THIS IS REALLY CLARIFYING EXISTING CODE RELATED TO UTILITY LINES.

UM, OUR RECOMMENDATION IS JUST CLARIFYING THAT, YOU KNOW, NEW OR MAJOR REPLACEMENT OF UTILITY LINES NEED TO MEET THE CODE REQUIREMENTS THAT ARE ALREADY EXIST TODAY.

UM, AND SO WE'RE NOT CHANGING THE CODE TOO MUCH RELATED TO THAT, BUT WE ARE RELAYED ADDING THIS UTILITY LINE EASEMENT AND, UM, LANGUAGE AS WELL, WHICH WAS, WHICH WAS PART OF THE LDC REWRITE.

UM, AND SO I THINK TO MAKE SURE THAT WE'RE ALL ON THE SAME PAGE WITH AUSTIN WATER WILL BE CLARIFYING WHAT A MAJOR REPLACEMENT REALLY MEANS FOR THEM, BECAUSE WE ALSO DON'T WANT TO, UM, PUT THEM IN A SITUATION WHERE THEY HAVE TO SEEK A LAND USE COMMISSION VARIANCE, AND, UM, WHEN THEY HAVE TO DO AN EMERGENCY REPAIR, FOR EXAMPLE.

SO THERE'S A DIFFERENCE BETWEEN A BIG CAPITAL IMPROVEMENT PROJECT AND AN EMERGENCY REPAIR THAT WE WILL BE CLARIFYING WITH THEM THROUGH, UM, POLICY MEMOS.

NEXT SLIDE.

UM, THIS IS RELATED TO PROTECTIONS OF WETLANDS ALONG LADY BIRD LAKE, SPECIFICALLY WITHIN THE AREA SHOWN IN YELLOW.

UM, DOWNTOWN AREA DOES NOT HAVE WETLAND PROTECTIONS.

UM, SO THIS IS SAYING, KEEP THOSE, YOU KNOW, THE CARVE-OUT SO NOT HAVING WETLAND PROTECTIONS IN DOWNTOWN, BUT DO APPLY WETLAND PROTECTIONS TO LADY BIRD LAKE IN THIS AREA, AS THERE ARE ELSEWHERE ON LADY BIRD, LAKE, AND EVERYWHERE ELSE IN TOWN.

UM, NEXT SLIDE, UM, COLORADO RIVER PROTECTIONS WAS A REQUEST FROM, UM, EAST SIDE ADVOCATES, PARTICULARLY PODESTA AND THE COLORADO RIVER, UM, UH, COLORADO RIVER CONSERVANCY.

UM, THEY SAID, SORRY, DO YOU HAVE A FEW MORE SLIDES IF I COULD CONTINUE, UH, REAL QUICK, ANY OBJECTION TO GIVING STAFF FIVER MINUTES? OKAY, PLEASE PROCEED.

THANK YOU.

UM, SO THE, THE REQUESTS FROM THE COMMUNITY IS THAT WE EVALUATE OUR CRITICAL WATER QUALITY ZONE, BUFFERS AND EROSION HAZARD BUFFERS TAKING INTO ACCOUNT THE, UM, THE, UH, NATURE OF THE COLORADO RIVER, WHICH IS, UH, SANDY BANKS, VERY DIFFICULT TO STABILIZE.

SO WE'RE TALKING DOWNSTREAM OF THE LONGHORN DOWN EAST INTO THE, UM, UH, AUSTIN'S EAST SIDE.

UM, AND SO, UH, OUR EXISTING REQUIREMENTS ARE EROSION HAZARD ZONE ONLY WITHIN A HUNDRED FEET OF THE ORDINARY HIGH WATERMARK.

AND THE CRITICAL WATER QUALITY ZONE IS ESTABLISHED AT BETWEEN TWO AND 400 FEET, DEPENDING ON WHERE THE A HUNDRED YEAR FLOOD PLAIN, UM, GOES.

AND THERE IS NO SPECIAL CONSIDERATION FOR ANY KIND OF STORM WATER DISCHARGE ON THE COLORADO RIVER BANK.

NEXT SLIDE.

SO OUR DRAFT RECOMMENDATION IS TO EXPAND THE EROSION HAZARD ZONE ANALYSIS, SIX TO 400 FEET SIMILAR, THE CRITICAL WATER QUALITY ZONE 400 FEET.

AND IF A SITE HAS THE ABILITY TO DISCHARGE STORM WATER INTO A DIFFERENT DRAINAGE UPSTREAM OF THE COLORADO RIVER, TO DO THAT, INSTEAD OF PUTTING IT DIRECTLY ON THE BANK OF THE COLORADO RIVER, NEXT SLIDE, WE HAVE A LOT OF, KIND OF OTHER, AND I'LL SKIP OVER THOSE.

THERE'S A FAIRLY LARGE LAUNDRY LIST.

SOME OF THESE ARE REALLY JUST CLEAN UP, CLARIFYING, MOVING THINGS WITHOUT A LOT OF POLICY CHANGE.

THERE COULD BE SOME POLICY CHANGE HERE AND THERE, BUT THEY'RE RELATIVELY MINOR.

SO I'M GOING TO SKIP THIS SLIDE.

UM, AND THIS ONE, UM, AND THIS ONE.

YEAH, SO THERE'S A, THERE'S A LOT YOU CAN LOOK THROUGH NEXT SLIDE.

NEXT SLIDE.

ALL RIGHT.

SO I WANTED TO SPEND A LITTLE BIT OF TIME ON THIS ONE.

SO THE, THE ORDINANCE OR THE RESOLUTION FROM COUNCIL SAID, DON'T DISINCENTIVIZE MISSING MIDDLE, AND I RE PREVIOUS BRIEFING.

I HAD INCENTIVIZE MISSING MIDDLE BECAUSE I WAS TRYING TO SAVE WORDS, BUT

[01:40:01]

IT REALLY SAYS DON'T DISINCENTIVIZE MISSING MIDDLE.

SO, AND I ALSO UNDERSTAND THAT THERE HAS BEEN A, UM, FROM SPEAKING WITH MY COLLEAGUE AND DSD BRENT LAWYER, THAT THERE'S BEEN A RESOLUTION FROM THIS BODY TO, UM, IMPLEMENT, UH, UM, MORE, UH, STREAMLINED PROCESS FOR MISSING MIDDLE PROJECTS THAT WOULD HAVE THE SAME ENVIRONMENTAL IMPACT AS A SINGLE FAMILY HOME.

SO THINKING OF SAVING SINGLE FAMILY LOTS, THEY DON'T HAVE TO GO THROUGH A SITE PLAN PROCESS.

UM, WE DON'T, UM, WE DON'T APPLY ENVIRONMENTAL REGULATIONS TO SINGLE FAMILY RESIDENCES EXCEPT FOR BOTOX, UM, BECAUSE THEY DON'T HAVE A SITE PLAN.

NOW THE CODE DOESN'T SAY THAT ENVIRONMENTAL REGULATIONS DON'T APPLY, BUT THE PROCESS HAS BEEN TO NOT REVIEW FOR THOSE.

SO NEXT SLIDE.

AND SO WHAT WE ARE PROPOSING TO DO, WHICH IS SIMILAR TO WHAT THE LDC REWRITE HAD WAS CLARIFY WHICH ELEMENTS APPLY TO SINGLE FAMILY AND WHICH DON'T LOOKING AT, WHAT WE CURRENT, WHAT OUR CURRENT PRACTICE IS AND LOOKING AT, YOU KNOW, W WATERWAY PROTECTIONS AND HOW, W YOU KNOW, WHEN A LOT WAS PLANTED, IT WAS PLANTED PRIOR TO OUR WATERSHED REGULATIONS.

THEN WE WOULD SAY THAT THOSE WATERWAY PROTECTIONS DON'T APPLY.

IF IT WAS AFTER THAT, THEN WE WOULD APPLY THEM.

BUT WE HAVE AN ADMINISTRATIVE VARIANCE CARVE OUT FOR THAT IF, IF NECESSARY, UH, NEXT SLIDE.

UM, AND SO OUR PROPOSAL IS TO DO THAT, TO CLARIFY SINGLE FAMILY RESIDENTIAL, AND THEN APPLY THOSE CODE CHANGE, UH, CLARIFICATIONS TO QUALIFYING PROJECTS, TO ALLOW UP TO 11 UNITS, WHICH WAS WHAT THE LDC REWRITE HAD IDENTIFIED, UM, FOR, FOR THIS MORE STREAMLINED PROCESS, UNLESS MAURA'S ALLOWABLE, THE AFFORDABILITY UNLOCKED ON AN EXISTING SINGLE FAMILY PLANTED LOTS, SO LOTS THAT ARE WHAT HAVE A SINGLE FAMILY HOME.

THEY'RE SINGLE FAMILY ZONING AND PREVIOUS COVER LIMIT WOULD BE ABLE TO HAVE A SMALL PROJECT SITE PLAN THAT WOULDN'T HAVE THE SAME WATER QUALITY REGULATIONS.

SO WE WOULDN'T HAVE WATER QUALITY CONTROLS, AND WE WOULDN'T HAVE LIKE CRITICAL ENVIRONMENTAL FEATURES, UH, REVIEW SIMILAR TO SINGLE FAMILY REVIEW.

UM, AT CNO, WE HAD ORIGINALLY KEPT THE IMPERVIOUS COVER IT 45%.

WE HEARD THAT THAT WAS TOO LOW.

SO WE'RE HAPPY TO, WELL, WE CAN GO UP TO 55% TO BE MORE IN LINE WITH ZONING AND PREVIOUS COVER REQUIREMENTS.

WE'RE STILL CONSIDERING A SITE LIMIT BECAUSE SAY A 10 ACRE SITE HAS AN ONE HOUSE, AND IT COMES IN TO CHANCES ARE THAT, THAT HOW A 10 ACRE WOULDN'T MAX OUT AT 45% WITH A SINGLE FAMILY HOME.

SO WE DO WANT TO WORK.

OUR PLANNING GROUP IS LOOKING INTO THAT TO SEE IF THERE'S A NATURAL SITE LIMIT.

UM, AND THEN WE WOULD, UH, AS I SAID, UH, HAVE AN ADMINISTRATIVE VARIANCE OPTION FOR LOTS WITH WATERWAY SETBACKS, UM, THAT WERE ESTABLISHED AFTER PLANTING NEXT SLIDE.

OKAY.

THAT'S GOOD.

I THINK THAT WAS ABOUT ALL WE HAD.

UM, SO I THINK JUST, UM, I'M HAPPY TO TAKE QUESTIONS NOW.

OKAY.

THANK YOU.

YEAH, THAT WAS A LOT TO COVER, QUITE A LOT OF GOOD WORK THERE.

OKAY.

SO LET'S, UM, GO AHEAD, COMMISSIONERS.

LET'S KEEP IT TO THE EIGHT AT FIVE, BUT IF WE NEED TO SPEND OUR RULES, IF, UM, YOU HAVE ADDITIONAL QUESTIONS AND JUST NOTE, WE DO HAVE A MOTION LATER TO CONSIDER A WORKING GROUP, UH, IN A SHORT AMOUNT OF TIME TO COME UP WITH SOME AMENDMENTS, UH, BEFORE THIS COMES BACK TO US.

SO JUST KEEP THAT IN MIND, UH, COMMISSIONERS, WHO IS FIRST WITH THE QUESTIONS.

OH, I SEE.

GO AHEAD.

THANKS.

I APPRECIATE THE WORK ON THIS.

UM, UH, IT LOOKS LIKE A LOT OF, UH, POTENTIALLY A GOOD STUFF.

UH, THERE WERE A COUPLE OF POINTS WHERE YOU TALKED ABOUT, UH, ADMINISTRATIVE VARIANCES, AND I THINK THOSE CAN BE REALLY HELPFUL AND, AND STREAMLINE THE PROCESS.

BUT I HAVE A LITTLE CONCERN WHEN, ESPECIALLY WHEN A, UH, AN, AN ORDINANCE IS NEW OR AN APPROACH IS NEW THAT, UH, UM, UH, SO I WONDERED IF THERE WAS ANYTHING ALREADY IN WHAT YOU'RE THINKING ABOUT IN THE DRAFT THAT, UM, WOULD SIT TO METRICS, UM, FOR ADMINISTRATIVE REVIEWS, ADMINISTRATIVE VARIANCES, THAT COULD BE REVISITED, ESPECIALLY IN THE FIRST FEW YEARS, JUST TO SEE IF YOU'RE NOT GRANTING ANY OR YOU'RE GRANTING ALL OF THEM, OR, YOU KNOW, WE HAVE STANDARDS MAKE SENSE, BUT JUST SORT OF LIKE A, UH, AN ANNUAL CHECK, AT LEAST FOR THE FIRST FEW YEARS TO SEE IF, UM, ADMINISTRATIVE VARIANCES ARE WORKING AS ANTICIPATED.

YES.

WE ACTUALLY

[01:45:01]

HEARD THAT CONCERN FROM THE ENVIRONMENTAL COMMISSION AS WELL.

UM, WE DO TRACK ALL ENVIRONMENTAL VARIANCES, UM, WHETHER THEY BE LAND USE COMMISSION OR ADMINISTRATIVE.

AND SO WE WOULD BE HAPPY TO, TO IMPLEMENT SUCH A REVIEW ANNUALLY OR AS NEEDED LET'S START.

UH, I THINK I SAW COMMITTED JERSEY ON PLAY-DOH AND THEN COMMISSIONER SHAPE.

AND IT'S JUST A QUICK CLARIFYING QUESTION ON THE VERY LAST SLIDE ON, UH, NOT DISINCENTIVIZING MISSING MIDDLE THAT.

COULD YOU CLARIFY WHAT THE NO NOTICE BULLET IS REFERRING TO? UH, YES.

SO THE PROPOSAL WOULD BE TO IMPLEMENT, TO ALLOW THESE CERTAIN PROJECTS TO, UM, MOVE THROUGH A DIFFERENT TYPE OF SITE PLAN CALLED A SMALL PROJECT SITE PLAN.

AND THOSE TYPES OF SITE PLANS, UM, DO NOT HAVE AS LONG OF A REVIEW TIME, AND THEY DON'T HAVE THE REQUIREMENT TO SEND NOTICE TO THE NEIGHBORHOOD.

AND SO IT WOULD BE WHILE IT'S NOT EXACTLY THE SAME TYPE OF REVIEW AS WHAT, NOT EXACTLY THE SAME REVIEW AS WHAT HAPPENS WITH THE SINGLE FAMILY RESIDENCE, BECAUSE THERE ARE OTHER, UM, OTHER ENTITIES, AUSTIN, WATER, FIRE, ET CETERA, THAT STILL NEED TO REVIEW THESE.

IT STILL NEEDS TO HAVE A SITE PLAN.

IT IS A, UM, MORE STREAMLINED SITE PLAN PROCESS.

AND WE'VE BEEN WORKING WITH OUR COLLEAGUES AND DSD ON THIS, UM, BECAUSE IT'S REALLY THERE, THEY ARE THE DEPARTMENT THAT SETS PROCESSES.

AND SO THIS IS WHAT THEY RECOMMENDED.

THANK YOU.

YEP.

COMMISSIONER SHEA.

OKAY.

SO I'M EXCITED AND I'M SCARED AT THE SAME TIME.

I MEAN, AFTER WE JUST WENT THROUGH COMMERCIAL PARKLAND AND ALL THE, WHAT WE FELT WAS LIKE, THIS IS A WHOLE NOTHER LAYER OF REGULATIONS.

AND THEN NOW WE HAVE THIS AND THERE'S THINGS HERE.

WHEN I SAT ON THE DESIGN COMMISSION, THERE'S SO MANY INNOVATIONS THAT WE WANTED TO IMPLEMENT, AND I APPRECIATE THAT.

I SEE THOSE INNOVATIONS APPEARING NOW, AND A LOT OF THESE INNOVATIONS ARE GOING TO HAVE OTHER TYPE OF REGULATIONS, YOU KNOW, LIKE THE CISTERNS TREATING THE WATER.

I MEAN, ANOTHER, DEPARTMENT'S GOING TO GET INVOLVED IN THAT, BUT AT LEAST I APPRECIATE THAT WE'RE HEADED THAT WAY.

NOW, SOMETHING THAT YOU MENTIONED WAS TO BE ABLE TO USE THIS AND FIND A WAY TO INCENTIVIZE US TO HEAD THIS WAY.

SO WHEN WE DID THE LVC REWRITE DURING THAT TIME, A LOT OF THESE REGULATIONS ARE BALANCED WITH LIKE NEW PLANNING, NEW DENSITY, YOU KNOW, OTHER TYPES OF REGULATIONS.

AND NOW MY CONCERN IS WE'RE TAKING THIS AND LOOKING AT THIS, BUT WE DON'T HAVE THE, I GUESS WE DON'T HAVE THE BALANCE OF IT, OF ADDITIONAL ENTITLEMENTS.

SO THIS IS WHERE IT, IT KIND OF SCARES ME.

RIGHT.

AND I LOOK AT THESE AND IT'S LIKE, YOU KNOW, ARE WE, ARE WE MAKING IT MORE ONEROUS WITHOUT APPLYING THAT ADDITIONAL PLANNING RIGHT NOW THAT WENT HAND IN HAND LAST TIME? I MEAN, ARE WE INCREASING, ARE WE DECREASING THE AVAILABLE SPACE TO BE ABLE TO PUT BUILDINGS ON? OR ARE WE ACTUALLY FINDING WAYS TO HAVE HIGHER PERFORMANCE THAT WE CAN GET MORE DENSITY? YOU KNOW? AND, AND I SEE GREAT OPPORTUNITIES TO DO THIS, BUT I DON'T KNOW IF IT'S BUILT IN WITH WHAT'S BEING PRESENTED.

CAN YOU TALK A LITTLE BIT ABOUT THAT AND I'LL HAVE MORE QUESTIONS.

YEAH, NO, AND I THINK I'VE, I'VE, WE'VE HEARD THAT FROM OTHER FOLKS.

UM, UNFORTUNATELY WE'RE NOT ABLE TO REALLY TACKLE ISSUES RELATED TO ZONING NECESSARILY.

THIS IS REALLY FOCUSED ON ENVIRONMENTAL AND WATER QUALITY PROTECTIONS.

UM, SO THAT'S WHAT WE WERE TASKED WITH DOING.

I WILL SAY THAT FOR MANY OF THESE, UM, YOU KNOW, THE, THE GSI CAN BE TUCKED IN, IN A NUMBER OF PLACES.

AND IN SOME WAYS IT CAN MAKE THINGS A LITTLE BIT, YOU KNOW, IT MAY OPEN UP SOME DEVELOPABLE AREA BECAUSE YOU CAN TAKE IN A LITTLE, YOU KNOW, A PLANTER AND MAKE IT A RAIN GARDEN, FOR EXAMPLE, UM, THERE'S ALSO PAYMENT IN LIEU OF WATER QUALITY OPTIONS FOR SOME OF THE REAL HIGH, UM, IMPERVIOUS COVER PROJECTS.

SO, UM, AND A LOT OF THOSE SLIDES THAT I SKIPPED OVER DO HAVE SOME REAL, UM, STREAMLINING, UM, PROPOSALS AND THERE, UM, FOR EXAMPLE, THE REDEVELOPMENT EXCEPTION CHANGES WILL REMOVE A VEHICLE LIMIT, UM, THAT WILL ALLOW MORE PROJECTS TO FALL UNDER THE REDEVELOPMENT EXCEPTION, WHICH IS SOMETIMES KIND OF DIFFICULT TO, TO ACHIEVE.

UM, AND SO I THINK WE WILL SEE MORE REDEVELOPMENT HAPPENING BECAUSE OF THOSE CHANGES.

FOR EXAMPLE, KATIE COYNE, ENVIRONMENTAL OFFICER.

UM, IT'S A GREAT QUESTION.

CERTAINLY SOMETHING I'M THINKING ABOUT AS ENVIRONMENTAL OFFICER, I

[01:50:01]

THINK HISTORICALLY, YOU'VE PROBABLY HAD FOLKS IN THIS POSITION WHO WERE EXPECTED TO THINK IN A SILOED WAY ABOUT ENVIRONMENTAL GOALS.

AND I DON'T THINK THAT THAT'S POSSIBLE IF WE'RE GOING TO HAVE A RESILIENT CITY.

UH, AND SO THINKING ABOUT THE WAYS WE CAN MITIGATE AFFORDABILITY IMPACTS IS A CORE PART OF HOW I SEE US BEING SUCCESSFUL ON ENVIRONMENTAL ISSUES.

UH, AND SO JUST TO SPEAK TO SOME OF WHAT'S ALREADY BEEN BEING DONE FOR THIS SPECIFICALLY, AS LIZ SAID, IT'S DIFFICULT FOR US TO MAKE ANY PROGRESS ON ANYTHING IN ZONING.

SO THINKING ABOUT ADDITIONAL ENTITLEMENTS IS SOMETHING THAT WE WOULD LOVE TO DO, BUT IT FEELS A LITTLE TABOO TO LOOP IN A, I THINK IN TERMS OF THE ANALYSIS THAT'S BEING DONE BEFORE WE COME BACK TO YOU, UH, FOR THE NEXT PLANNING COMMISSION, UH, DATE THAT WILL BE LISTED FOR WE'LL HAVE STAFF REPORTS AVAILABLE AND BACKUP THAT WILL INCLUDE A VARIETY OF THINGS.

IT WILL INCLUDE A MEMO FROM US ABOUT ANY KIND OF FOLLOW-UP CRITERIA MANUAL, OR ANY NECESSARY, UH, CORRESPONDING CHANGES THAT HAPPEN THERE.

UH, IT WILL ALSO INCLUDE AN AFFORDABILITY IMPACT ANALYSIS.

IT'S BEING LED BY HOUSING AND PLANNING, AND WE'RE WORKING THROUGH THAT WITH THEM.

AND IF THERE ARE RED FLAGS THAT THEY'RE SEEING ABOUT SUBSTANTIAL AFFORDABILITY IMPACTS, WE ARE, WE ARE SPECIFICALLY TRYING TO WORK OUT HOW WE MIGHT MITIGATE THOSE IN THE NEAR TERM.

UM, THERE WILL ALSO BE A FISCAL IMPACT ANALYSIS, WHICH IS SOMETHING WE HAVEN'T REALLY DONE BEFORE THAT IS LOOKING AT MORE AT THE INTERNAL IMPACT.

SO OPERATIONS AND MAINTENANCE FOR CITY STAFF REVIEW TIME FOR CITY STAFF.

AND THEN FINALLY, UM, WATERSHED HAS A NEW POLICY AND A NEW PROGRAM EQUITY PROGRAM MANAGER NAMED , WHO JUST STARTED A FEW MONTHS AGO.

WE HAVE A STANDARD THAT WE DO EQUITY ASSESSMENT FOR ANY MAJOR PROJECT.

AND SO WE'LL BE DOING AN INITIAL EQUITY REPORT WITH SOME FOLLOWUP ACTION RECOMMENDED AS WELL.

COOL.

I'M RUNNING OUT OF TIME AND TRYING TO SQUEEZE OUT.

SO, UM, SO A LOT OF IT, LIKE IF, IF USING THIS INNOVATIONS FOR EFFICIENCY IS SPACE, RIGHT, WHICH GIVES BACK SPACE FOR DEVELOPMENT ROOF GSI, TO BE ABLE TO CONSIDER THAT AS PART OF THE TREATMENT.

RIGHT.

I MEAN, BECAUSE IF YOU'RE TREATING THAT, UM, I'VE ALREADY RUN INTO A LOT OF PROJECTS THAT THE WHOLE WETLAND ASPECT OF IT LIKE IS A INVASIVE SPECIES THAT HAPPENS TO BE IN WETLAND THAT, YOU KNOW, ONE DEPARTMENT WANTS TO GET RID OF, IS THAT GOING TO TRIGGER THAT THIS IS WETLAND, AND THEN THERE'S OTHER THINGS LIKE, WHAT IF THERE'S THIS OFF PLANT OVER? I MEAN, THERE'S LIKE RIGHT NOW IN THE, IN THAT ENGINEERING WORLD, IT IS LOST BECAUSE THERE'S AN INCONSISTENCY ON HOW THINGS ARE APPLIED.

SO I THINK BETTER DEFINITIONS OF A LOT OF THESE THINGS NEED TO BE IN HERE.

AND THIS, IF WE'RE OPENING THIS UP, NOW WE NEED TO BE TALKING ABOUT THIS BECAUSE THIS IS AFFECTING EVEN FEASIBILITY APPROACHES BY THE ENGINEERS, YOU KNOW, BECAUSE OF THE INCONSISTENCIES THAT WE HAVE.

SO I HOPE WE GET A WORKING GROUP AND WE'VE TALKED THROUGH SOME OF THE, SO I DIDN'T HEAR A QUESTION THERE, JUST A RECOMMENDATION.

OKAY.

ALL RIGHT.

UH, COMMISSIONER COX.

YEAH.

I WAS CURIOUS, UM, WHAT STAFF HAS TO SAY ABOUT MAINTENANCE UPKEEP, UM, PARTICULARLY AS IT RELATES TO, UM, THE CITY'S RESPONSIBILITIES AND IF THEY ANTICIPATE DEPLOYING THIS GREEN STORMWATER INFRASTRUCTURE, UM, REQUIRING ADDITIONAL HELP WITHIN THEIR DEPARTMENT IN ORDER TO ACTUALLY ENSURE THAT THAT ANY OF THE BENEFITS WE'RE PROVIDING FOR, UM, DOING GSI IS ACTUALLY BEING MAINTAINED.

AND, AND JUST A LITTLE BIT OF BACKGROUND, I'VE DONE GREEN STORMWATER INFRASTRUCTURE, AND IT'S KIND OF FUNNY WHEN YOU, WHEN YOU GOOGLE IT AND YOU LOOK AT ALL THE PICTURES, EVERY PICTURE YOU SEE IS OF GREEN STORM WATER INFRASTRUCTURE THAT WAS JUST BUILT.

AND I'VE SEEN SOME, SOME LOW IMPACT DEVELOPMENT TYPE STUFF 10 YEARS LATER, AND IT LOOKS NOTHING LIKE THE PICTURES THAT YOU SEE ONLINE, AND THERE ACTUALLY ARE MAINTENANCE REQUIREMENTS TO MAKE SURE THAT THESE THINGS ARE DOING WHAT THEY'RE SUPPOSED TO BE DOING IN TERMS OF INFILTRATION, TRASH PICKUP, ALL THAT SORT OF THING.

SO I'M JUST CURIOUS WHAT THE STAFF THOUGHTS ARE RELATED TO MAINTENANCE AND UPKEEP OF, OF THIS NEW TYPE OF STORMWATER INFRASTRUCTURE.

SURE.

IT'S A, IT'S A GREAT QUESTION.

IT'S SOMETHING WE'RE DEFINITELY FACTORING INTO OUR FISCAL IMPACT ANALYSIS.

AND SO WE ANTICIPATE, UH, LETTING COUNCIL KNOW THAT THE MAINTENANCE AND OPERATIONS REQUIREMENTS FOR GREEN STORM WATER INFRASTRUCTURE WILL RESULT IN A NEW IN NEW FTES NEEDED TO HELP SUPPORT THAT.

WE'RE ALSO REQUESTING THAT IN THE LONGTERM, WE INCLUDE SOMEONE ON STAFF WHO MIGHT SHARE RESPONSIBILITY BETWEEN MAINTENANCE AND EDUCATION, WHO COULD PROVIDE TRAINING OPPORTUNITIES AND CAPACITY BUILDING BOTH INTERNALLY AND POTENTIALLY FOR EXTERNAL CREWS WHO ARE DOING MAINTENANCE FOR GSI THAT SAID THE TRADE OFF BETWEEN MAINTENANCE COSTS AND SOME OF THOSE ANCILLARY BENEFITS.

SO HAVING A SYSTEM THAT HAS ALL OF THESE ADDITIONAL BENEFITS BESIDES JUST SERVING THE ONE PURPOSE IS SOMETHING THAT WE GET REPEAT POLICY DIRECTION, UM, TO MOVE FORWARD.

[01:55:01]

NO, I APPRECIATE THAT.

IF I, IF I HEARD YOU CORRECTLY, I THINK YOU WERE SAYING THAT YOU ALL THOUGHT THE IMPACT WOULD BE ONE FTE, WHICH SURPRISES ME.

I THINK IT'S MORE THAN THAT.

IT'S, UH, WE DON'T HAVE THE FINAL NUMBER YET.

IT WILL BE INCLUDED IN THE FISCAL IMPACT ANALYSIS.

I THINK INITIAL, UH, GUT CHECKS ON THAT WERE CLOSER TO MAYBE TWO TO THREE IN THE, IN THE VERY NEAR TERM THAT I THINK WE MIGHT BE RECOMMENDING.

WE MOVE FROM OTHER VACANCIES IN THE DEPARTMENT.

AND THEN I THINK IN THE FOLLOWING FISCAL YEAR, AN ADDITIONAL COUPLE, SO THAT WE HAVE ONE DEDICATED TEAM IN OUR FIELD OPERATIONS DIVISION WHO CAN FOCUS SOLELY ON GREEN STORM WATER INFRASTRUCTURE.

OKAY.

NO, I APPRECIATE THAT.

THAT WAS, UH, MY ONLY QUESTION FOR NOW AND I, AND I AM LOOKING FORWARD TO, UM, TO A WORKING GROUP ON THIS.

OKAY.

THANK YOU, COMMISSIONER ANDERSON.

THANK YOU TOO.

THANK YOU STAFF FOR BEING HERE TODAY.

UM, IT'S SUCH A SHAME, RIGHT? WHAT WE LOST IN THE NEW LAND DEVELOPMENT CODE, BECAUSE THIS WAS JUST ANOTHER ONE OF THOSE GREAT THINGS THAT WE NEEDED THAT WAS MET WITH WAS THE GIBBS AND THE GETS, I THINK, COMMISSIONER SHAPED, BUT IT REALLY WELL, WE DON'T HAVE THE BALANCE OF ADDITIONAL ENTITLEMENTS RIGHT HERE.

SO I REACHED OUT TO SOME FOLKS WHO HAVE BUILT DIFFERENT DEVELOPMENTS AROUND THE CITY, LAMAR UNION BEING ONE OF THEM THAT WAS A HUNDRED PERCENT PERVIOUS COVER SITE.

AND YOU ALL PROBABLY REMEMBER IT, IT WAS A GIANT PARKING LOT WITH RETAIL AND THIS ORDINANCE AS IS WITHOUT ANY ADDITIONAL GIBBS WOULD HAVE COST THEM 80 HOMES, EIGHT OF THEM AFFORDABLE HOMES.

AND THAT'S NOT TO MENTION THE COST OF THE BUILDING, THE INFRASTRUCTURE NOW THAT THEY HAVE TO BUILD ON SITE.

AND SO HUGE AMOUNT OF NEW COSTS, A LOT LESS HOUSING, YOU KNOW, WITH A NEW LAND DEVELOPMENT CODE.

MAYBE THEY COULD HAVE GONE TO 90 OR 120 FEET.

MAYBE WE WOULDN'T HAVE HAD THE PARKING REQUIREMENTS.

AND SO, YOU KNOW, I AM INTERESTED IN, UM, DOES ANY PART OF THIS HELP TO REDUCE PARKING? WE KNOW THAT PARKING IN DRIVING ITSELF IS JUST A HUGE EMITTER OF CARBON EMISSIONS AND THAT'S, YOU KNOW, IMPERVIOUS COVER.

SO WHAT DOES THIS DO TO REDUCE OR ELIMINATE PARKING REQUIREMENTS? UH, NOTHING.

OKAY.

OKAY.

WE WOULD LOVE TO BE A PART OF THAT CONVERSATION.

RIGHT, RIGHT.

IT'S INTERESTING HOW ONE SIDED THIS IS, AND I KNOW YOU'RE CONSTRAINED AND UNFORTUNATELY I THINK WITH POSTING, WE ALL ARE.

AND SO IT DOES BEG THE QUESTION, HOW MUCH OF THIS, IF ANY, MAKES SENSE ON ITS OWN, UM, YOU KNOW, THERE'S GIVES AND GETS, AND THAT WAS THE WHOLE BALANCE.

AND THE WHOLE IDEA BETWEEN BEHIND THE NEW LAND DEVELOPMENT CODE, WE WILL, WE WILL GET THIS DEVELOPMENT TO BE MORE EFFICIENT, BETTER, AND WE WILL GIVE THESE THINGS TO HELP, NOT JUST MAKE THE DEVELOPMENT COSTS A LOT MORE IN PRICE OUT THEM ANYMORE.

AUSTINITES AND I GUESS I JUST HAVE REAL FEAR HERE OF, YOU KNOW, JUST THIS BEING MORE AND MORE EXPENSIVE AND PREVENTING REDEVELOPMENT.

UM, YOU MENTIONED THE 400 FOOT SETBACK.

CAN YOU WALK ME THROUGH THAT AND WHAT THAT LOOKS LIKE ON THE COLORADO RIVER? RIGHT.

UM, AND I WILL KIND OF ADD TO WHAT KATIE SAID.

I THINK WE WOULD LOVE TO BE A PART OF THAT BECAUSE WE DO REALIZE THAT, YOU KNOW, WE, WE DON'T WANT OUR, OUR REQUIREMENTS TO STAND IN THE WAY OF AFFORDABLE HOUSING.

I THINK WE DO NEED TO STRIKE A BALANCE.

IT'S JUST VERY DIFFICULT WITH, UM, THE WAY THEIR RESOLUTION WAS WRITTEN, THE AMOUNT OF TIME AND THE, UH, DIFFICULTY IN CHANGING ZONING CODE RIGHT NOW.

BUT WE DEFINITELY WOULD LIKE TO BE PART OF THOSE CONVERSATIONS MOVING FORWARD.

UM, SO THE, THE COLORADO RIVER, UM, CURRENTLY, UH, IT IS HIGHLY ERODIBLE.

IT MOVES YOU CAN, UM, GO ON LINE AND LOOK AS, UH, GO BACK IN TIME AND AERIALS AND SEE WHERE IT'S BEEN ERODING.

WE'VE SPENT, UM, MILLIONS OF DOLLARS FIXING SOME EROSION ALONG THE COLORADO RIVER AND ROY GUERRERO.

AND SO WE HAVE A PRETTY GOOD IDEA OF WHAT IT TAKES SOMETIMES IF, UM, EROSION HAPPENS ON THE RIVER AND WANT TO PREVENT THAT.

UM, AND SO THE 400 FOOT SETBACK FROM THE ORDINARY HIGH-WATER MARK, THAT IS BASICALLY THE LOCATION OF WHERE THE BANK OF THE RIVER IS.

CURRENT CRITICAL WATER QUALITY ZONE IS BETWEEN 200 AND 400 FEET, DEPENDING ON WHERE THE A HUNDRED YEAR FLOOD PLAIN IS, UM, UNDERSTANDING THE WAY THE DAMS ARE MANAGED, THE CRITICAL WATER QUALITY ZONE REALLY DOESN'T MAKE SENSE TO BE TIED TO THE HUNDRED YEAR FLOOD PLAIN.

UM, WE BASICALLY NEED AS MUCH AS WE CAN AS A SETBACK.

SO, UM, WE'RE RECOMMENDING 400 FEET INSTEAD OF THE 200 TO 400, DEPENDING ON WHERE THE A HUNDRED YEAR FLOOD PLAIN IS.

UM, OF COURSE THE REDEVELOPMENT EXCEPTION DOES EXIST IF THERE'S EXISTING IMPERVIOUS COVER FOR EXISTING SITES, UM, REAL QUICK.

SO I'D DEFINITELY LIKE TO KNOW MORE ABOUT THAT AS WE HAVE A COUPLE OF WEEKS HERE OR MAYBE LONGER, AND I 100% AGREE WITH YOU THERE'S IT WAS THE, THE, THE RESOLUTION WAS WRITTEN VERY NARROWLY TO WHERE WE COULDN'T DO MORE FOR THE ENVIRONMENT HERE.

WE COULDN'T DO A LOT MORE, UH, BETTER THINGS FOR THE CITY AND THE ENVIRONMENT AND THE REDEVELOPMENT.

I'M ALSO INTERESTED IN LIKE RIGHT NOW.

SO A SQUARE FOOT IMPERVIOUS COVER DOESN'T CARE IF IT COVERS ONE HOME, FIVE HOMES, 10 HOMES, RIGHT.

UM, ARE WE LOOKING TO DO ANYTHING THAT AFFECTS THE HEIGHT OF DEVELOPMENTS THAT TAKE ADVANTAGE

[02:00:01]

OF THIS AND, AND ARE MUCH MORE SUSTAINABLE IN THEIR DEVELOPMENT? YES.

SO THE RESOLUTION DOES SAY THAT WE CAN KIND OF OPEN UP, UM, THOSE SORT OF DISCUSSIONS SPECIFICALLY FOR GREENFIELD DEVELOPMENT AND THE URBAN SLOPE PROTECTIONS.

AND I THINK WE WOULD LIKE TO HAVE THAT KIND OF CONVERSATION.

WE JUST HAVEN'T BEEN ABLE TO KIND OF DRAFT THE COMMUNITY INPUT THAT WE NEED TO GET FOR THAT.

BUT I, I DO THINK THAT FOR THOSE TWO ITEMS SPECIFICALLY, WE WOULD LIKE TO TALK ABOUT THAT.

WELL, HOPEFULLY WE CAN OPEN THAT UP TO URBAN WATERSHEDS AS WELL, SINCE THEY'RE TYPICALLY BETTER SERVED BY TRANSIT AND ALREADY HAVE THE WALKABLE INFRASTRUCTURE AND CITY SERVICES AND WHATNOT.

SURE.

UM, IS CITY STAFF WORKING ON KIND OF A WISHLIST OF LIKE, THESE ARE THE FIVE THINGS THAT TRULY WOULD MAKE THIS MOST IMPACTFUL? HOWEVER, THEY'RE NOT A PART OF THIS RESOLUTION.

WE DON'T HAVE A LIST.

THIS IS A FAIRLY COMPREHENSIVE LIST THAT BRINGS IN A LOT OF THE CLEANUP THAT WE REALLY WANTED TO SEE.

UM, SO A LOT OF THOSE, LIKE SMALLER THINGS WERE PART OF THAT LIST.

SO, UM, I DON'T THINK WE HAVE ANYTHING BEYOND THIS AND JUST TO SPEAK TO THE AFFORDABILITY COMMENT IF, IF THAT'S OKAY.

CHAIR, UM, OKAY.

YOU KNOW, ONE OF THE THINGS THAT BESIDES BRINGING THIS UP IN PHASE TWO, UH, AS, I MEAN, COUNCIL DIRECTED US TO THINK ABOUT GREENFIELD, GET FEEDBACK FROM COMMUNITY, THINK ABOUT MITIGATING FACTORS FOR GREENFIELD DETENTION.

AND SO BRINGING UP COMPATIBILITY AND PARKING REQUIREMENTS, AND SOME OF THESE THINGS THAT FEEL OUT OF OUR ABILITY TO REALLY DRIVE COULD HAPPEN IN PHASE TWO.

SO JUST WANTED TO REITERATE THAT AND IF THAT IS PART OF YOUR DIRECTIVE GREAT.

UH, ON, ON ONE MORE NOTE, UM, ON MORE ON THE PROGRAMMATIC SIDE, WE HAVE A COUPLE OF EXAMPLES OF PROJECTS WHERE WATERSHED HAS COST SHARED, UH, FOR, FOR REGULATORY COMPLIANCE, FOR WATER QUALITY OR DRAINAGE CONTROLS FOR AFFORDABLE DEVELOPMENTS.

AND I HAVE A LOT OF INTEREST IN FIGURING OUT HOW TO MAKE THAT A STANDING PROGRAM AND NOT A ONE-OFF.

UH, AND SO THAT IS SOMETHING THAT IS IN ITS VERY NASCENT FORM.

UM, BUT IT, I JUST WANT Y'ALL TO KNOW THAT THAT'S PART OF WHAT I'M THINKING ABOUT PROGRAMMATICALLY TO TRY TO MITIGATE.

OKAY.

THANK YOU.

APPRECIATE THAT.

AND WE ALSO DEFINITELY NEED MARKET RATE HOUSING TOO, SO HOPEFULLY WHATEVER WE CAN FIGURE OUT TO GET ALL THE ABOVE.

THANKS.

RIGHT.

UH, COMMISSIONERS WE'VE HAVE THREE SPOTS LEFT, NO MORE QUESTIONS.

OKAY.

SURE.

COLIN, PLEASE.

HEY GUYS, FIRST OF ALL, YAY.

VERY HAPPY ABOUT THIS.

YOU KNOW, WHERE I'M GOING ON FRIDAY TO TELL EVERYBODY WHERE DID ANYWAYS, UM, FROM A PORT OF ADJUSTMENT PERSPECTIVE, UM, I'M SEEING A LOT OF DIRECTOR VARIANCES THAT ARE KIND OF CROSSING OVER WHAT WOULD NORMALLY BE MAYBE ENVIRONMENTAL COMMISSION OR MAYBE BOARD OF ADJUSTMENT, YOU KNOW, IN THAT DST, UH, LAND USE AREA, UM, HAVE Y'ALL EXPLORED WHETHER OR NOT LIKE MAYBE FROM THE LEGAL PERSPECTIVE, WHETHER ANY OF THESE OPTIONS ONCE THE WRITTEN INTO ORDINANCE COULD BE USED AS CONDITIONS BY THE BOARD OF ADJUSTMENT OR THE BOARD OF ADJUSTMENT.

UM, I THINK THE ONLY ITEM THAT WOULD COME TO Y'ALL THAT WE'RE CHANGING IS RELATED TO BULKHEAD CONSTRUCTION.

CURRENTLY THE WAIVE ABATEMENT REQUIREMENTS ARE IN ZONING.

WE HAVE LONG WANTED TO MOVE THAT BACK AT WELL INTO THE ENVIRONMENTAL SECTION.

SO ONE OF OUR PROPOSALS TO MOVE THAT THERE SO THAT IT WOULD NOT COME TO YELL, IT WOULD GO TO THE ENVIRONMENTAL COMMISSION WHERE IT WOULD BE MORE APPROPRIATE.

I DON'T BELIEVE ANYBODY HAS EVER ASKED FOR THAT TYPE OF VARIANCE BEFORE ACTUALLY.

SO IT'S PROBABLY MORE OR LESS A MOOT POINT.

UM, SO, UH, ADMINISTRATIVE VARIANCES DO COME BUILT IN WITH THEIR OWN SET OF CONDITIONS.

SO, UM, THE CODE, THE WAY IT'S WRITTEN, THERE'S A SECTION THAT SAYS WHAT CAN BE WAIVED ADMINISTRATIVELY.

AND THEN ANOTHER SECTION BELOW THAT THAT SAYS WHAT THOSE CONDITIONS ARE, BUT THEY'RE VERY SPECIFIC TO THE CODE SECTION.

UM, AND THEN ANY FINDINGS OF FACT THAT ARE REQUIRED FOR LAND USE COMMISSIONS ARE KIND OF AN THEIR OWN SET OF THINGS.

SO CONDITIONS TEND TO BE VERY SPECIFIC TO WHAT THE CODE THE VARIANCE IS REQUESTING.

I DON'T KNOW IF THAT HELPED.

I'M MORE THINKING MIKE, BECAUSE WE CAN CONDITION, UH, LIKE SAY SOMEONE, UH, AT REQUESTS, LIKE, UH, INCREASE IN PERVIOUS, COVER WICKING, YOU KNOW, RAIN GARDEN, OR RAINWATER CAPTURE TANKS.

DO YOU THINK THERE'S ANYTHING WITHIN THIS GIANTLY AWESOME LIST OF THINGS, UH, MIGHT BE ABLE TO BE USED IN THE INNER SAME FASHION? RIGHT.

I MEAN, I GUESS FOR IMPERVIOUS COVER VARIANCES SPECIFICALLY, I THINK WE HAVE TALKED OR MAYBE A PREVIOUS WATERSHED STAFF, LIKE MATT HALL AND MAYBE IT CAME TO TALK ABOUT LIKE CISTERNS AND RAIN GARDENS.

I THINK CISTERNS ARE USUALLY A LITTLE BIT EASIER FOR SINGLE FAMILY HOMES, UM, THAN, UH, THAN A RAIN GARDEN WOULD BE.

[02:05:01]

UM, BUT, BUT YEAH, WE COULD TALK MORE ABOUT THAT AND I'M GETTING EVERYONE ELSE.

WHAT SEIZE THE TIME FOR SOMETHING FEEL FREE TO, OKAY.

I THINK I COMMISSIONER MR. TELLER, DID YOU HAVE YOUR HAND UP? OKAY.

UH, WELL COMMISSIONER MR. TODDLER AND THE COMMISSIONER IS OUR, UH, WELL, LET'S GO AHEAD.

YES.

AND THEN THAT'LL BRING US TO THE END, BUT WE CAN CONSIDER US SUSPENDING OUR RULES IF YOU HAVE MORE QUESTIONS.

OKAY.

GO AHEAD.

COMMISSIONER MOOSE, SHUTTER.

THANK YOU GUYS.

I'M, I'M GOING TO PROVIDE THE DUMB QUESTIONS OF THE EVENING BECAUSE I KNEW, AND A LOT OF PEOPLE HAVE A LOT OF HISTORY AND UNDERSTANDING HERE.

SO IS IT OKAY IF WE TAKE A MOMENT AND GO BACK AND JUST READ, DISCUSS WHAT THE RESOLUTION WAS, WHAT THE OBJECTIVE WAS THAT YOU GUYS WERE ASSIGNED TO WORK ON? HE LOST OVER THAT KIND OF QUICKLY.

AND THEN WE GOT INTO THE WEEDS.

SO I GOT A LITTLE LOST ON WHAT THE DIRECTIVE WAS, WHAT WE'RE TRYING TO ACHIEVE.

YEAH.

AND I THINK WE HOPEFULLY INCLUDED THAT RESOLUTION AS PART OF THE BACKUP.

UM, THE RESOLUTION ITSELF ACTUALLY IS NOT ONLY RELATED TO CODE CHANGES.

THERE WAS, UM, A FAIRLY EXTENSIVE LIST OF, UM, DELIVERABLES REQUIRED OF WATERSHED PROTECTION, UM, RELATED TO, UM, INCREASED MONITORING OF INDUSTRIAL SITES.

UM, THAT WAS KIND OF A REACTION TO THE SAMSUNG'S SPILL, FOR EXAMPLE, UM, REQUIRING US TO COORDINATE MORE WITH AUSTIN WATER WHEN WE, OUR FIELD STAFF FIND HIGH BACTERIA LEVELS IN OUR CREEKS, UM, UM, AND PLANNING AT EXPLAINING HOW OUR STRATEGIC PLAN PROCESS WILL WORK IN EQUITY AND ENSURING THE EQUITY THAT OUR LAND DEVELOPMENT RULES ARE EQUITABLE AROUND THE CITY.

SO THAT'S ANOTHER DELIVERABLE.

UM, AND THEN, THEN IT SPOKE TO THE ORDINANCE ITSELF AND THERE WERE, UM, KIND OF A BULLET LIST OF ITEMS TO DISCUSS.

AND THEN SOME PARAGRAPHS THAT TALKED ABOUT THE COLORADO RIVER PROTECTIONS, UM, THE, UM, NOT DISINCENTIVIZING MISSING MIDDLE PROTECTIONS AND ALL OF THE VARIOUS ANALYSES THAT WE NEED AND THE DATES, THE DUE DATES FOR ALL OF THOSE.

SO, UM, SO THAT WAS A RESOLUTION VOTED ON BY CITY COUNCIL, JUNE 9TH, THAT WAS UNANIMOUS VOTE IS THAT IT IS THE OVERARCHING GOAL OF THE RESOLUTION TO IMPROVE WATER QUALITY COMING INTO THE LOWER COLORADO RIVER OR TO IMPROVE FLOOD PROTECTION OR BOWLS.

IT IS MOSTLY RELATED TO WATER QUALITY WITHIN THE CITY OF AUSTIN'S JURISDICTION.

OKAY.

AND SO IN LOOKING AT SOME OF THE THINGS THAT WERE, WE KIND OF GLOSSED THROUGH QUICKLY, ARE WE LOOKING AT ALTERNATIVE? CAUSE YOU PUT UP THE ONE SLIDE THAT SHOWED THE TRADITIONAL STORE OPTIONS.

SO ARE WE LOOKING AT OPTIONS THAT ARE GOING TO SATISFY THESE GOALS, ALTERNATIVES ESSENTIALLY, RIGHT.

FOR GSI GREEN STORMWATER, LIKE THE RAIN GARDENS, UM, THEY HAVE THE SAME POLLUTANT LOAD REDUCTION, AS A SAID, FILL PALM LIKE THE TRADITIONAL ONES, BUT THEY HAVE ADDITIONAL BENEFITS OF THEIR MORE AESTHETIC THEIR WILDLIFE.

SO, SO YES.

SO WE'RE, WE'RE NOT DECREASING THE AMOUNT OF POLLUTANT CONTROL OR GLUTEN REMOVAL AND, AND ON TOP OF THAT ADDING OTHER BENEFITS.

OKAY.

OKAY.

AND SO THE THEY'LL GIVE DEVELOPMENT ADDITIONAL CHOICES THAT MAY HAVE ADDITIONAL BENEFITS AS WE GO ALONG.

WELL, THEY COULD CHOOSE.

SO WE SEE RAIN GARDENS BIOFILTRATION PONDS FAIRLY REGULARLY.

ANYWAY, IT WOULD JUST MAKE, UM, UH, THE, THE TRADITIONAL PAWNS, UM, ONLY THAT WE WOULD ONLY ALLOW THOSE IN CERTAIN CONDITIONS.

OKAY.

AND IF I'M UNDERSTANDING MY COLLEAGUES WHO SPOKE BEFORE ME CORRECTLY, WHAT WE'RE, WHAT WE'RE MISSING OUT OF THIS RESOLUTION IS TYING IT INTO INCENTIVES THAT WOULD ENCOURAGE PEOPLE TO DO MORE OR DEVELOPING OR REDEVELOPING TO DO MORE OF THIS, RIGHT.

WITH THIS PHASE ONE, UM, IT'S, IT'S, YOU KNOW, WE'RE BRINGING FORTH WHAT THE RESOLUTION ASKED FOR.

THERE'S THE PHASE TWO, WHAT SPECIFICALLY RELATES TO TWO ITEMS THAT WERE THOUGHT TO HAVE MORE IMPACT ON DEVELOPMENT.

AND WE ARE DIRECTED TO COME FORWARD WITH INCENTIVES RELATED TO THOSE PARTICULAR ITEMS THAT WE'LL TALK ABOUT AT A DIFFERENT MEETING LATER.

OKAY.

OKAY.

SORRY.

I NEEDED A LITTLE CLARIFICATION.

THANK YOU.

THANK YOU, COMMISSIONER.

BIZARRE CHAIR.

I'VE HAD THE OPPORTUNITY OF ASKING YOU QUESTIONS AT GOATS AND ORDINANCES.

SO IF ANOTHER COMMISSIONER WANTS TO GO AHEAD AND I'M HAPPY TO BE AT SPACE FOR THEM, UM, I HAD A FEW, SO I DON'T WANT TO SHORT, I DON'T THINK THIS WILL TAKE TOO LONG.

SO GO AHEAD AND MAYBE WE'LL, WE'LL OFFER UP AND SEE IF I CAN GET SUPPORT TO SUSPEND RULES

[02:10:01]

JUST FOR ONE OR TWO FOLKS.

SO GO, PLEASE GO AHEAD, JARED, PLEASE GO AHEAD AND YOU GO AHEAD AND GET AHEAD OF ME.

THEN WE CAN TALK.

WELL, AND WE, THIS MAY GET, WE HAD SOME EXTRA TIME, SO I DON'T THINK IT WILL TAKE TOO MUCH.

JUST, UH, YOU WENT, UM, YOU ANSWERED THE QUESTION QUESTION ON WATER QUALITY DOES THIS DO THESE, UH, DO THESE REGULATIONS HAVE ANY IMPACT ON CLIMATE CHANGE? ARE THERE ANY THAT ARE BENEFICIAL? THAT'S A GREAT QUESTION.

I THINK THE INTENT OF ALL FUTURE ENVIRONMENTAL POLICY FOR THE CITY IS TO NOT JUST, JUST DO ONE THING WITH INFRASTRUCTURE, BUT TO DO MANY THINGS.

AND SO WHEN WE'RE THINKING ABOUT GREEN STORM WATER INFRASTRUCTURE, A CORE GOAL IS, YEAH, IT NEEDS TO MEET OUR WATER QUALITY REQUIREMENTS, BUT IT CAN ALSO REDUCE URBAN HEAT ISLAND.

IT CAN PROMOTE BETTER, UH, BETTER HEALTH OUTCOMES FOR COMMUNITIES THAT HAVE MORE EXPOSURE TO GREENSPACE.

THE LITERATURE SAYS THAT, UH, IT CAN HELP TO, UH, IMPROVE OUR BIODIVERSITY CONSERVATIONS.

SO STABILIZE OUR ECOSYSTEM IN THAT WAY, THERE ARE MANY HOLISTIC BENEFITS THAT ARE ALL VERY MUCH RELATED TO CLIMATE RESPONSE, IN ADDITION TO VEGETATION AND SOILS THAT ARE LIKELY GOING TO STORE MORE CARBON AS WELL.

OKAY.

THANK YOU.

AND FOLLOW UP QUESTION ON, I WAS VERY EXCITED ABOUT THE LAST PROVISION, BECAUSE YOU'VE BEEN ASKING A LOT OF QUESTIONS ABOUT THE SITE PLAN LIGHT FOR AFFORDABILITY AND LOCKED.

UH, THE, TO CLARIFY THIS WOULD NOT JUST BE FOR THAT PROGRAM.

IT WOULD EXTEND ALL DEVELOPMENTS WITHIN A SINGLE FAMILY WITHIN A CERTAIN NUMBER OF UNITS WITHIN THE DEVELOPMENT.

IS THAT, IS THAT CORRECT? THAT IS CORRECT.

OKAY.

SO THAT'S VERY EXCITING TO HAVE SOMETHING SO BROAD.

UM, AND THEN, UM, LESLIE, WHAT, UM, SO WHAT IS THE SCHEDULE CURRENTLY THAT YOU GUYS ARE PURSUING, TRYING TO GET THIS TO COUNCIL? RIGHT.

SO WE'LL BE COMING BACK TO YOU ALL ON THE 13TH CITY COUNCIL ON THE 29TH.

OKAY.

ALL RIGHT.

SO THAT'S ALL MY QUESTIONS UM, SO THAT IS ALL OF THE SPACES WE HAVE.

DO WE HAVE ANY OTHER COMMISSIONERS HAVE QUESTIONS THAT THEY NEED ANSWERED IN SPECIFICALLY IF IT'S GOING TO HELP YOU DECIDE WHETHER OR NOT WE NEED A WORKING GROUP OR NOT, THOSE WOULD BE GOOD QUESTIONS TO ASK.

UM, BUT WE CAN ALSO DISCUSS THAT IN THE NEXT AGENDA ITEM.

OKAY.

UH, COMMISSIONERS ARE, GO AHEAD.

OUTSIDE OF THE RULES, IF I COULD JUST MAKE A ONE QUICK COMMENT TO SAY, UH, I SEE STAFF MADE SOME CHANGES BASED ON THE CONVERSATION AND CODES AND ORDINANCES, AND I JUST WANT TO SHARE MY APPRECIATION.

OKAY.

THANK YOU.

ALL RIGHT.

UM, SO THIS IS JUST A BRIEFING, UH, NO ACTION ON THIS ITEM, CORRECT MR. RIVERA.

ALL RIGHT.

THANK YOU VERY MUCH STAFF.

THAT'S A LOT TO PRESENT IN A VERY SHORT AMOUNT OF TIME.

AND, UH, I THINK IF YOU WOULD STAY JUST FOR THE NEXT ITEM, CAUSE WE'RE CONSIDERING A WORKING GROUP, THERE MAY BE QUESTIONS THAT MIGHT COME UP.

OKAY.

THANK YOU.

THANK YOU.

THANK YOU, RIGHT, FOLKS.

UH, MOVING

[22. Discuss and consider establishing a working group tasked with proposing amendments for Planning Commission consideration regarding Title 25 of the City Code relating to environmental, drainage, and landscape requirements. (Co-Sponsors Vice-Chair Hempel and Commissioner Azhar) ]

ON TO ITEM B, UH, ITEM 22, AND THIS WAS A I'LL GO AND READ IT, DISCUSS AND CONSIDER ESTABLISHING A WORKING GROUP TESTS WITH PROPOSING AMENDMENTS FOR PLANNING COMMISSION CONSIDERATION REGARDING TITLE 25 OF THE CITY CODE RELATING TO ENVIRONMENTAL DRAINAGE AND LANDSCAPE REQUIREMENTS.

UH, THIS WAS CO-SPONSORED BY VICE-CHAIR HEMPEL AND COMMISSIONER ZAR.

UM, I'M GOING TO GO AHEAD AND LET THIS, UH, CO-SPONSORS SPEAK TO THIS INITIALLY AND THEN WE'LL GO FROM THERE.

SURE.

SO, UM, WE HAD A REALLY GREAT DISCUSSION ABOUT THE ITEM THAT WE JUST HEARD AT CODES AND ORDINANCES.

AND, UM, THERE WAS A LOT OF QUESTIONS, UM, A LOT OF REALLY GREAT DIALOGUE.

AND, UM, WE, WE KNEW THAT THIS IS A VERY COMPLICATED AND DETAILED ITEM AND WHICH IS WHY, UM, CODES AND ORDINANCES, UM, UH, OR AT THAT MEETING, WE, WE THOUGHT IT WOULD BE A GOOD IDEA TO HAVE A BRIEFING TONIGHT, UH, PLANNING COMMISSION ON THIS ITEM SO THAT WE WEREN'T HEARING IT ON SEPTEMBER 13TH, HAVING TO CRAFT AMENDMENTS AND DECIDE WHETHER, UH, WHAT WE WERE GOING TO DO WITH THE ITEM THAT NIGHT.

SO NOW WE HAVE, UM, OVER TO TWO WEEKS TO IF, IF SO, UM, DESIRE TO GO THIS DIRECTION, UM, FORM A WORKING GROUP.

AND I THINK THE PROCESS THAT WE'VE HAD ON SOME OF THESE MORE COMPLICATED ITEMS, UM, HAS WORKED FAIRLY WELL, UM, IN THE PAST FEW MONTHS, UH, THAT WOULD INCLUDE THE STATESMAN SITE AND THE COMMERCIAL

[02:15:01]

PARKLAND DEDICATION, YOU KNOW, THE, THOSE WORKING GROUPS HAVE PUT IN, UM, REALLY GREAT EFFORT.

THEY'VE, UM, THEY'VE ACTIVATED VERY QUICKLY AND EVEN GOTTEN, UM, SOME PUBLIC LISTENING SESSIONS.

AND SO THIS, UM, THIS ITEM SEEMED VERY RIPE FOR THAT KIND OF AN EFFORT.

AND, UM, THAT'S WHERE WE WERE COMING FROM AND COMMISSIONERS ARE, I DON'T KNOW IF YOU HAVE ANYTHING TO ADD TO THAT, WHY TRY? I FEEL LIKE YOU'VE COVERED MOST OF THE THINGS.

AND I THINK THE IDEA REALLY WAS TO GIVE AN OPPORTUNITY TO US TO BE ABLE TO WEIGH IN ON THIS ITEM AND JUST CONSIDERING THE TIME CRUNCH.

SO RIGHT.

UH, A LITTLE MORE DETAIL AROUND WHAT WE FEEL WOULD WORK, OR I DON'T WANT TO SPEAK FOR ANYBODY ELSE, BUT, UM, THINKING ABOUT THE CALENDAR, UM, WE WOULD BE HEARING THIS ITEM ON SEPTEMBER 13TH AT OUR FIRST MEETING IN SEPTEMBER.

AND SO IN ORDER FOR THOSE AMENDMENTS TO BE, TO GIVE THE COMMISSIONERS ENOUGH TIME TO CONSIDER ANY AMENDMENTS THAT A WORKING GROUP WOULD FORM, IF WE CHOOSE TO FORM A WORKING GROUP, THOSE WOULD BE DUE ON FRIDAY, SEPTEMBER 9TH, WHICH WOULD BE POSTED IN THE BACKUP.

IT WOULD GIVE COMMISSIONERS TIME UNTIL THE MEETING TO THINK ABOUT THEM, UM, UH, UH, CONSIDERED SUPPORT OR EDITING AND THEN HAVE POTENTIALLY AMENDMENTS FOR THAT MEETING ON THE 13TH, WHICH IS WHY, UM, MR. RIVERA HAD ALLUDED TO THAT SEPTEMBER 13TH MEETING, POSSIBLY BEING QUITE LONG AS WE KNOW THESE, THESE, UH, CODE UPDATES HAVE TAKEN A GOOD CHUNK OF OUR MEETING.

SO ANY PREPARATION WE CAN DO BEFORE THAT WITH PROPOSED AMENDMENTS WOULD, WOULD HELP FACILITATE THAT PROCESS.

OKAY.

THANK YOU VERY MUCH.

SO REAL QUICK, UM, FROM THE BODY WE'LL ENTERTAIN QUESTIONS OF THE SPONSORS.

IF WE HAVE ANY, OR WE GO INTO, UH, MOTIONS, YOU HAVE ANY QUESTIONS THAT THE CO-SPONSORS COMMISSIONER ANDERSON, HEY, CURIOUS WHY SEPTEMBER 13TH AND NOT SEPTEMBER 27TH, IT JUST SEEMS LIKE THREE WEEKS LOOKING AT THIS.

THERE'S SO MUCH HERE AND WE'RE STILL WAITING FOR AFFORDABILITY, IMPACT STATEMENTS AND FISCAL STATEMENTS.

AND PRETTY MUCH EVERYONE I'VE TALKED TO OUT IN THE DEVELOPMENT COMMITTEE STILL HASN'T EVEN SEEN THIS.

THEY'RE JUST LIKE, OH YEAH, WHAT'S, WHAT'S GOING ON.

WE'RE WAITING TO HEAR FROM STAFF.

AND SO I UNDERSTAND THAT THE COUNCIL RESOLUTION CALLED FOR SOMETHING, BUT YOU KNOW, THE COUNCIL RESOLUTION FROM 2019 CALLED FOR SITE PLAN LIGHT, AND WE'RE STILL WAITING FOR THAT.

WE'RE WAITING FOR LOTS OF STUFF FROM STAFF.

IT SEEMS LIKE ANYTHING THAT MAKES DEVELOPMENT EASIER IS STUCK.

LIKE WHERE IS DEVELOPMENT ON HOUSING AND COMMERCIAL ZONING? LIKE EVERYTHING JUST STUCK IF IT MAKES HOUSING EASIER, BUT IF IT'S A COST OR A FEE OR REGULATION, LIKE WE'VE GOT TO HURRY UP, WE GOT TO HURRY UP WITH THE RIGS.

AND SO IT JUST REALLY SEEMS LIKE THERE'S WAY TOO MUCH HERE TO JUST TRY AND CRAM THIS DOWN IN THREE WEEKS.

AND I WOULD LOVE FOR US TO DISCUSS LOOKING AT FIVE WEEKS.

WELL, I DON'T HAVE AN ANSWER AS TO THE TIMING OF WHEN CITY COUNCIL HAD REQUESTED.

UM, BUT I UNDERSTAND FROM THE LAST PROCESS THAT WE WENT THROUGH, THE, THE PARKLAND COMMERCIAL, PARKLAND, DEDICATION, UM, UPDATES THAT PLANNING COMMISSION COULD HAVE POSSIBLY LOST THE PRIVILEGE TO WEIGH IN ON THOSE AMENDMENTS.

SO, UM, THUS THIS SCHEDULE AND, AND THIS, UM, THAT'S WHAT WE'RE WORKING WITH RIGHT NOW.

SO THE STAFF DO YOU WANT TO SPEAK TO, IS THERE ANY FLEXIBILITY? AND SO THE INITIAL COUNCIL DIRECTIVE WAS TO COME BACK BY SEPTEMBER 15TH.

AND SO WE'RE ALREADY EXTENDING THAT TIMELINE TO SEPTEMBER 29TH BECAUSE WE DID NOT FEEL LIKE IT WAS EVEN POSSIBLE TO GET BACK TO THEM IN THAT TIMELINE SEPTEMBER 13TH, UH, WAS THE DATE THAT WE FELT LIKE WE WOULD ACTUALLY BE ABLE TO MEANINGFULLY INCORPORATE FEEDBACK FROM Y'ALL OBVIOUSLY IF THERE'S A WORKING GROUP THAT MIGHT BE MORE OF A WORKING PROCESS FOR FEEDBACK.

UH, BUT YOU KNOW, I JUST WOULDN'T WANT Y'ALL TO FEEL LIKE WE'RE HEARING FROM YOU ON THE 27TH GOING TO COUNCIL ON, ON THE 29TH.

WE DON'T, WE DON'T WANT TO RUBBER STAMP.

Y'ALL LIKE, W WE WANT TO MAKE SURE WE'RE MEANINGFULLY INCORPORATING FEEDBACK.

SO TWO DAYS ON OUR END IS NOT REALLY ENOUGH TIME TO DO THAT.

OKAY.

UM, COMMISSIONER, WHO ALL HAD THEIR HAND AT COMMISSIONER COX DID YOU HAVE YOUR HAND UP? NO.

OKAY.

COMMISSIONER COX HAD, UH, I WAS JUST GOING TO SPEAK TO THE SCHEDULE ISSUE.

I, MY UNDERSTANDING ON THE COMMERCIAL PARKLAND DEDICATION ORDINANCE, UM, WE WERE TRYING TO GET IT IN BEFORE THE BUDGET SESSIONS.

AND SO I'M CURIOUS IF STAFF, SINCE STAFF HAS ALREADY KIND OF PUSHED THIS BACK FROM THE COUNCIL DIRECTIVE, IF THEY KNOW OF ANY PARTICULAR REASON,

[02:20:01]

OTHER THAN THE FACT THAT WE SHOULD HAVE A DEADLINE ON EVERYTHING, OTHERWISE, NOTHING GETS DONE, BUT, BUT IF THERE'S NO PARTICULAR COUNCIL DECISION THAT RELATES TO BUDGET OR ANYTHING ELSE THAT HAS A HARD DEADLINE, THEN MAYBE WE HAVE A LITTLE BIT MORE WIGGLE ROOM TO, TO, TO PUSH THIS BACK.

BUT THE COMMERCIAL PARKLAND ISSUE WAS TRYING TO GET IT DONE BEFORE THE, THE ADOPTION OF THE BUDGET.

UH, I CAN SPEAK TO THAT.

UH, I CERTAINLY CAN'T SPEAK FOR COUNCIL'S, UH, INTENT.

UH DON'T KNOW, UH, BUT I WILL SAY WE ASKED FOR AN EXTENSION ON THIS TIMELINE AND WERE TOLD THAT IT WAS IMPORTANT FOR IT TO HAPPEN AS QUICKLY.

UM, I THINK IN TERMS OF KIND OF THE EXTERNAL FACTORS, OBVIOUSLY WE HAVE SOME CHANGING COUNCIL DYNAMICS IF THIS GETS PUSHED TOO MUCH.

UH, BUT REALLY ANOTHER BIG ISSUE IS WHEN WE PASS ENVIRONMENTAL REGS THAT ARE PROGRESSIVE, AND THEN WE GO INTO A LEGISLATIVE SESSION, WE HAVE AN EVEN BIGGER TARGET ON OUR BACKS.

SO WE WOULD REALLY LOVE FOR THIS TO NOT COINCIDE AND THEN DELAY MUCH, MUCH FURTHER.

I'LL GIVE YOU AN EXAMPLE OF CLIMATE EQUITY PLAN WAS SUPPOSED TO BE, UH, APPROVED LONG, LONG, LONG BEFORE IT ACTUALLY WAS.

AND THAT WAS DELAYED TO NOT POKE THE BEAR.

NOT THAT THAT'S THE SAME AS POLICY, BUT THAT IS, THAT IS A REAL CONCERN FOR OUR LEGISLATIVE AFFAIRS FOLKS.

OKAY.

COMMISSIONER IS THERE IN KITCHENER? I DO WANT TO, UM, YOU KNOW, ECHO SOME OF THE CONCERN THAT IT IS REALLY HARD TO GO THROUGH THESE ITEMS. AND I JUST WANT TO FOREWARN OUR COMMISSIONERS, DO MORE ITEMS COMING DOWN THE PIPELINE, AND THERE'S FIVE MORE BEHIND THEM.

AND I JUST WANT TO SAY IF EIGHT WOULD BE NICE TO HAVE THE TIME TO GO THROUGH ALL OF THEM IN A REASONABLE AMOUNT OF TIME.

I UNDERSTAND THERE WAS A TIME CRUNCH ON PARKLAND, BUT I JUST WANTED TO REMIND EVERYONE THAT WHEN VMU FIRST CAME TO US, IT WAS REQUIRED TO GO BACK TO COUNCIL IN DECEMBER.

AND WE FORWARDED TO THEM IN MAY.

SO, YOU KNOW, THE COMMISSIONER IS HERE, MADE THE IDEA TO POSTPONE BECAUSE WE FELT WE NEEDED MORE TIME TO GO TO THE BMU ITEM.

AND I DO RESPECT THAT, BUT THERE WAS A CLEAR DIRECTION FROM COUNCIL THAT WE, AS PLANNING COMMISSIONERS DID SAY WE WANTED TO SORT OF PUSH BACK ON BECAUSE WE NEED MORE DIAMOND DOES MAKE IT VERY CHALLENGING TO GO THROUGH ITEMS. AND THIS IS A PARTICULARLY COMPLEX AND LARGE ITEMS. SO I, I DO HAVE TO SAY, I WOULD DEFINITELY FAVOR MORE DIAMOND IS HAVING DONE THE LAST WORKING GROUP WITH COMMISSIONER GAWKS OH, IS REALLY HARD TO DO THAT TWO WEEK TIMELINE.

IT MAKES IT VERY HARD TO GO BACK AND FORTH, UH, ANY OTHER COMMISSIONERS WITH QUESTIONS.

SO, UH, I'LL JUST SAY, UH, UM, WITH THE COMMERCIAL PARKLAND, UH, DEDICATION, I WAS CONCERNED THAT THE, KIND OF THE SPEED AT WHICH WE WERE TRYING TO MOVE THAT THROUGH AND NOT ENGAGING THE OTHER STAKEHOLDERS, UM, WOULD, UH, BE A PROBLEM.

AND I JUST, I'M HAVING A LITTLE BIT OF CONCERN, BUT THIS ONE THAT THE TIME IS ACTUALLY GOING TO BE BETTER IN THE LONG RUN TO KIND OF, UH, PREVENT ANY OPPOSITION, UH, THAT MIGHT OCCUR.

SO I THINK WE DID A GOOD JOB OF THAT.

I THINK WE CAME UP WITH SOME REAL MEANINGFUL AMENDMENTS THAT ADDRESSED RAJ CONCERNS.

I KNOW LIKE PARKLAND OF THE PARTS DEPARTMENT, YOU GUYS HAVE PROBABLY DONE YOUR OUTREACH, BUT THESE THINGS ARE MOVING VERY QUICKLY.

AND PER COMMISSIONER ANDERSON'S POINT A LOT OF THE FOLKS THAT HE'S WORKING WITH, YOU KNOW, THIS IS, UH, NEW TO THEM OR, UM, THEY WEREN'T AWARE OF.

SO I THINK IT WOULD BENEFIT FROM MORE TIME.

UM, SO MAYBE WE COULD CONSIDER THAT IN A MOTION ON THIS, UH, FOR THIS WORKING GROUP, IF IT DOES, IF WE DO ESTABLISH ONE.

ALRIGHT.

COMMISSIONERS, UH, ANY OTHER QUESTIONS OF STAFF OR OTHER COMMISSIONERS CO-SPONSORS BEFORE WE ENTERTAIN MOTIONS? ALL RIGHT.

UH, GO AHEAD.

UH, COMMISSIONER MR. TODD OR ANYTHING? NOPE.

OKAY.

UH, LET'S HAVE A MOTION COMMISSIONER IS OUR TRAVEL LOCOMOTION TO BE THE WORKING GOOD, BUT CONSIDER THIS ITEM.

OKAY.

UM, DO YOU HAVE A SECOND, SECOND BY COMMISSIONER THOMPSON? ALL RIGHT, LET'S GO AHEAD AND, UH, TAKE A VOTE ON FORMATION.

OH, LET'S GO.

WE NEED TO PICK MEMBERS AND IDEALLY WE'D HAVE A CHAIR.

UH, SO WHO LET'S GO AHEAD AND DO THE CO-SPONSORS SUPPOSE TO WANT TO SERVE ON THIS, UH, WORKING GROUP.

YES.

VICE CHAIR.

PAUSE.

NO.

ALRIGHT.

WHO, UH, LET'S LOOKING FOR, UH, MR. ANDERSON.

[02:25:01]

I'LL SEE IF THERE'S OTHER VOLUMES.

OKAY.

YEAH.

ALL RIGHT.

JUST WANTED TO GIVE THE CO-SPONSORS A FIRST CHANCE.

SO I'VE GOT AZHAR ANDERSON SHAY.

WE GET THE DYESS FIRST COHEN, UH, THOMPSON GETTING CLOSE HERE.

1, 2, 3, 4.

UH, ANY FOLKS VIRTUALLY THAT TO SERVE ON THIS COMMISSIONER COX? ALL RIGHT.

I THINK WE HAVE ROOM FOR A WHERE IT'S SIX TOTAL.

SO THAT WOULD BE, AND COMMISSIONER COHEN.

DOES IT COUNT TOWARD OUR VICE CHAIR? OKAY.

ALL RIGHT.

ANY OTHERS, UH, WHO WANTS TO LEAD THIS GROUP? WELL, I, I, WELL, LET'S PUT IT THIS WAY.

WHO WOULD LIKE TO, I, I THINK WE NEED SOME LEVEL OF COORDINATION AND YOU, WE DON'T NEED TO DECIDE THAT THIS EVENING, BUT IF SOMEONE COULD PLEASE TAKE IT UPON THEMSELVES.

OH, COMMISSIONER THOMPSON, VOLUNTEERS TO CHAIR THAT GROUP.

THANK YOU VERY MUCH.

ALL RIGHT.

UM, SO THIS MOTION, IF YOU WANT TO GO RESTATE IT, UH, COMMISSIONER CZAR WITH THE MEMBERSHIP, THAT WOULD BE GREAT.

OH, JERRY, YOU'RE GOING TO HAVE TO HELP ME HERE, BUT I'M GOING TO GO AHEAD AND GET A WORKING GROUP TO LOOK AT THIS CODE ITEM.

AND THE WORKING GROUP WOULD HAVE, UM, MYSELF VICE HANDBOOK, COMMISSIONER DOBSON, WE SHOULDN'T ANDERSON CHEMISTRY AND SHADE COMMISSIONER COUGHS, UM, AND, UH, THE CHAIR OF THE BOARD OF ADJUSTMENT SERVING.

AND I THINK I CAPTURED EVERYONE.

I WOULD ALSO SAY WE, IF SOMEBODY WANTS TO MAKE AN AMENDMENT TO ADD A TIMELINE TO IT, I'M HAPPY TO ENTERTAIN THAT.

I JUST DID NOT KNOW WHAT'S WHAT WAS THE WHEEL OF THE BODY.

OKAY.

ANY AMENDMENTS FOR TIMELINE? I'D WANT TO ADD IN THAT IT DOES NOT COME BACK TO THIS BODY BEFORE SEPTEMBER 27TH.

OKAY.

SO LET'S GO AND VOTE ON THE AMENDMENT FOR THE, WELL, WE DON'T EVEN HAVE A SECOND ON THIS CURRENTLY.

DO WE? THANK YOU.

SO LET'S GO IT.

SO IT'S THE ENTIRE, LET'S TAKE UP THE ENTIRE, UM, W COMMISSIONER AS OURS MOTION WITH THE DEADLINE IS PART OF THE MOTION.

OKAY.

DO WE HAVE A SECOND SECOND BY COMMISSIONER THOMPSON? UH, WITH THE DEADLINE, UH, THE 27TH BEING THE RETURN DATE.

OKAY.

UH, LET'S GO AHEAD.

DO YOU WANT US TO SPEAK TO YOUR MOTION? COMMISSIONER IS OUR, I'LL JUST SAY, YOU KNOW, UH, THANK YOU.

I THINK A LITTLE MORE TIME WOULD HELP US FOR SURE.

AND I THINK THIS IS A GREAT GROUP OF PEOPLE AND GREAT MINDS.

WE'LL HOPEFULLY HAVE THE ABILITY TO BRING SOMETHING BACK.

I WOULD DEFINITELY SAY AGAIN, AS THE WORK NEW, WE WORK IN THE PAST, IF SOMEBODY WHO'S NOT SERVING ON THE WORKING GROUP WOULD LIKE TO SET A RECOMMENDATION TO US, PLEASE DO SEND IT THROUGH ANDREW AND WE CAN DEFINITELY CONSIDER IT IN THE WORKING GROUP.

ALL RIGHT.

IT LOOKS LIKE STAFF WANTS TO, UH, GO AHEAD.

IS IT POSSIBLE TO HOLD THE 13TH, UH, IN THE EVENT THAT WE DO HAVE AN ITEM TO ACT ON, ON THAT DATE, UM, WITHOUT KNOWING WHAT THE WORKING GROUP AGENDA WILL LOOK LIKE AND WHAT THAT PROCESS WILL BE, UM, POINT ORDER FOR THAT TO CAN WE POSTPONED IT ON THE 13TH, BUT IT, IT, IT PROBLEM IS, IS ALL OUR WORKING GROUP ACTIVITIES ARE KIND OF, UM, TRYING TO SCHEDULE THOSE ARE GOING TO BE PREDICATED ON THE DATE CERTAIN, SO THAT IS CHALLENGING FOR, FOR US.

UM, YEAH, THAT JUST CHALLENGE, CHECK YOUR MISSION LAYS ON NPR.

I BELIEVE WE'RE MOVING AWAY FROM THE SCOPE OF ESTABLISHING A WORKING GROUP AND MOVING INTO MORE DETAILED.

SO THE WORKING GROUP ITSELF.

SO IF WE COULD STAY WITHIN JUST ESTABLISHING IT AND THE MEMBERSHIP.

OKAY.

UH, LET'S BEAR, MR. COX, GO AHEAD.

AM I ABLE TO MAKE AN AMENDMENT? YES.

YOU CAN'T.

UM, AT THE RISK OF ANGERING COMMISSIONER ANDERSON, I WANTED TO CHANGE THE LANGUAGE AND JUST PUT A DEADLINE TO COME BACK BY THAT DATE, RATHER THAN NOT BEING ABLE TO COME BACK BEFORE THAT DATE, BECAUSE I FULLY UNDERSTAND, AND I SUPPORT THE NEED FOR TIME, AND I'M VERY SUPPORTIVE OF THAT, BUT I ALSO DON'T WANT TO ARTIFICIALLY RESTRICT US JUST IN CASE.

I DON'T KNOW.

MAYBE THERE'S SOMETHING WE'D LIKE TO SHARE WITH THE COMMISSION OR, OR JUST HAVE IT JUST TO GIVE US FLEXIBILITY ON, ON WHAT WE'RE DOING HERE.

SURE.

COMMISSIONER LADIES, ON AND OVER AGAIN, UM, AND CONFIRMED WITH A LOT DEPARTMENT, WE'RE MOVING AWAY FROM THE SCOPE OF THE ITEM, AND I'M HAPPY TO JUST REMOVE DEADLINES ALTOGETHER IN MY AMENDMENT IF THAT'S WHAT LEGAL FORCES US TO DO.

BUT, UM, I JUST, I JUST WANTED TO HAVE A LITTLE BIT OF FLEXIBILITY IN THAT WITH THE UNDERSTANDING THAT WE NEED THE TIME, UH, MR. RIVERA, LET ME UNDERSTAND.

SO THE ISSUE THAT WE CANNOT SET A TIMETABLE FOR THE WORKING GROUP,

[02:30:01]

CORRECT? WE CANNOT CORRECT.

IT'S ONCE ESTABLISHED, UM, YOU KNOW, THE COMMISSION, UH, DOES PROVIDE UPDATES THAT A FUTURE AGENDA, UH, COULD BE DISCUSSED AT THAT TIME.

OKAY.

UH, I DON'T QUITE UNDERSTAND IT, BUT LET'S GO AHEAD AND, UH, COMMISSIONERS ARE, GO AHEAD.

COMMISSIONER IS, ARE ROSS'S PERSPECTIVE, ANDREW, PLEASE HELP US HERE.

DO I NEED TO RESCIND MY MOTION OR DO WE NEED TO SUBSTITUTE THE MOTION? YEAH, WE HAD A SECOND.

SO WE NEED TO GO AHEAD AND RESCIND.

UM, YEAH, I WAS IN MY MOTION.

OKAY.

IT BELONGS TO THE BODY.

DO WE NEED TO GO AND VOTE FOR THAT? PROBABLY.

SO, YEAH.

SO LET'S GO AND TAKE A VOTE TO RESCIND, JUST TO BE CLEAR.

WE DID HAVE A MOTION AND A SECOND ON THE TABLE BEFORE THE ADDITION OF A DATE.

OKAY.

CAME.

SO I THINK WE CAN JUST SAY THAT THE DATE WAS NOT A VALID ADDITION BECAUSE WE DIDN'T VOTE ON THAT AND THEN GO BACK TO THE TABLE, THE MOTION ON THE TABLE.

THANK YOU.

OKAY.

SO PARLIAMENTARIAN DEGREES THAT WE DID HAVE A SECOND ON THE MOTION BEFORE WE SET THE DATE.

OKAY.

I DIDN'T CATCH THAT.

THANK YOU FOR THAT CLARIFICATION.

SO THE, THE MOTION IS JUST TO ESTABLISH A WORKING GROUP, UH, WITH THE MEMBERS THAT COMMISSIONER IS, ARE LINED OUT.

SO LET'S GO AHEAD AND TAKE A VOTE ON THAT.

UH, THOSE ON THE DYES.

UH THAT'S EVERYONE IN THOSE.

OKAY.

SO I'M LOOKING AT THE SCREEN OF THAT.

UM, OKAY.

1, 2, 3, 4, 5, AND THEN WE HAVE, UH, COMMISSIONER MOUSSE, TYLER AGAINST, AND YOU KNOW, WAS PLATO ABSTAIN.

SO THAT MOTION PASSES 10.

I THINK I'M MISSING ONE.

OH, YES.

AT 11, UH, ONE AND ONE WITH COMMISSIONER TALLER VOTING AGAINST AND COMMISSIONING OUT AS POLITO STANDING.

ALL RIGHT.

SO WE HAVE FORMED A WORKING GROUP.

UH, OKAY.

ALL RIGHT.

ANYTHING ELSE ON THAT ITEM? I JUST WANT TO THANK THE SPONSORS FOR THAT.

AND I THINK WE MAY BE INTENT CLEAR THAT WE CAN BRING BACK A KIND OF AN UPDATE AT THE NEXT MEETING, AND THEN WE'LL PROBABLY HAVE IT ON THE FOLLOWING AGENDA FOR FINAL ACTION.

OKAY.

DO WE HAVE ANY FUTURE AGENDA ITEMS FROM COMMISSIONERS? OKAY.

NO.

UH, THAT'S GOING TO

[BOARDS, COMMITTEES & WORKING GROUPS UPDATES ]

QUICKLY MOVE THROUGH OUR, UH, COMMITTEE UPDATES, UH, CODE AND CODES AND ORDINANCES JOINT COMMITTEE.

UM, WE GOT A BRIEFING, UH, AND DISCUSSION MUCH LIKE TONIGHT.

UM, BUT WE WERE ABLE TO TAKE ACTION BECAUSE IT WAS POSTED AS SUCH.

OKAY.

THANK YOU.

COMPREHENSIVE PLAN JOINT COMMITTEE.

WE HAVE NOT MET.

OKAY.

JOINT SUSTAINABILITY COMMITTEE.

I DON'T THINK WE HAVE ANYBODY TO SPEAK TO THAT ONE.

LET'S GO AND MOVE TO SMALLER AREA PLANNING, JOINT COMMITTEE, NO MEETINGS.

ALRIGHT.

UM, SOUTH CENTRAL WATERFRONT ADVISORY BOARD.

WE HAD AN UPDATE FROM THE, UM, ECONOMIC, UM, I CAN'T REMEMBER THE NAME OF THE COMMITTEE THAT THE, UM, ECONOMIC TEAM.

OKAY.

ALL RIGHT.

AND THEN, UH, WE HAVE TWO HOUSE GROUPS.

WE SET UP ANY ACTIVITY ON THE SITE DEVELOPMENT TEAM.

WE HAVE NOT MET YET, BUT I DID MEET WITH CHAIR OF VERTICAL AND WE HAVE A VERY GOOD STARTING POINT, WE THINK.

OKAY.

ANYTHING FROM THE VERTICAL TEAM? UH, NO, BUT I MEAN, I JUST, WITH THIS NEW WORKING GROUP THAT WE HAVE, THAT WE ARE GOING TO BE PRETTY CHALLENGED, BUT I, UH, I THINK THE GOOD THING IS THAT A LOT OF THE STUFF THAT WE'RE GONNA BE TALKING ABOUT IS GOING TO CORRELATE.

AND SO HOPEFULLY HE'LL ADD ONTO IT.

BUT, UM, FOR THOSE IN THE WORKING GROUP, WE, WE, WE DO HAVE A PLAN WHEN WE'LL BE SETTING UP, UM, A FRAMEWORK.

UH, WE FEEL LIKE THE MOST EFFICIENT WAY TO GET THROUGH, UH, LISTENING TO PUBLIC COMMENT AND STAFF AND ET CETERA, IS TO HAVE A VERY GOOD FRAMEWORK.

AND WE TALKED ABOUT COMING UP WITH A FRAMEWORK AND WE'LL BE SENDING THAT OUT, UM, FOR EVERYBODY TO START LOOKING AT AND ADDING TO, UM, YOU KNOW, BEFORE WE MEET, YOU KNOW, JUST TO KEEP IT AS EFFICIENT AS WE CAN WITH OUR TIME.

OKAY.

THANK YOU.

THAT'S ALL THE ITEMS THERE.

UH, ANY OBJECTIONS TO A JOURNEY IN THIS MEETING? OKAY.

UH, UH, WE TURN THE PLANNING COMMISSION MEETING AT 9:27 PM.

THANK YOU.