[00:00:09]
[ Determination of Quorum / Meeting Called to Order]
LET'S GO AHEAD.THIS IS THE OCTOBER 11TH, 2022 PLANNING COMMISSION MEETING, AND WE'RE GONNA, I'M GONNA GO AHEAD AND BRING THIS, UH, MEETING TO ORDER AT 6 0 9.
UM, WE'RE, DO, DO A QUICK ROLL CALL HERE.
START WITH THE, UH, PLANNING COMMISSIONERS ON THE DIAS.
UM, START WITH MR. ANDERSON HERE.
AND MOVING TO THE RIGHT, WE'VE GOT COMMISSIONER AAR HERE.
THEN, UM, COMMISSIONER MUTO HERE, UH, COMMISSIONER SHE HERE.
AND MOVING ON TO THE VIRTUAL SPACE.
WE HAVE, UH, THE VICE CHAIR HEMPLE HERE.
COMMISSIONER COX HERE, COMMISSIONER SCHNEIDER HERE.
UH, COMMISSIONER FLORES HERE, AND COMMISSIONER UH, THOMPSON HERE.
I THINK THAT BRINGS THIS UP IF I'M COUNTING RIGHT UP TO 10 RIGHT NOW.
UM, SO WE'LL SEE IF WE GET ANY MORE JOINING US A LITTLE LATER.
UM, FIRSTLY JUST WANT TO GO OVER, UH, WITH FOLKS IN THE AUDIENCE.
WE DO HAVE A FEW CASES THIS EVENING.
UM, SO HYBRID MEANS WE HAVE YOU AND THEN WE ALL HAVE PEOPLE ATTENDING VIRTUALLY, UH, SPEAKERS AND COMMISSIONERS, THE LIKE, AND PERHAPS SOME STAFF AS WELL, UH, FROM THE CITY.
SO, UM, IF ONCE WE GO THROUGH THE CONSENT AGENDA, AND IF WE ARE DISCUSSING YOUR CASE, IF YOU ARE NOT THE FIRST CASE TO BE HEARD, YOU CAN WAIT OUT IN THE LOBBY AND YOU'LL GET A, A NOTICE, UM, ABOUT FIVE MINUTES OR MORE, YOU KNOW, BEFORE WE TAKE UP THE NEXT ITEM.
AND THEN YOU CAN COME ON IN IF YOU WANT.
YOU DON'T HAVE TO STAY HERE THE WHOLE TIME, BUT THINGS ARE REALLY EXCITING.
SO, YOU KNOW, WELCOME, YOU'RE WELCOME TO STAY.
UM, SO WITH THAT, UM, WE'LL GO AHEAD AND JUST CHECKING, DO WE HAVE ANY PUBLIC COMMUNICATION? NO PUBLIC COMMUNICATION.
UM, THOSE, UH, ATTENDING VIRTUALLY JUST HAVE YOUR GREEN, RED, YELLOW CARDS THAT HELP ME, UH, TALLY UP THE VOTES.
I'LL BE, UH, TRYING TO ANNOUNCE THOSE VOTING, UH, AGAINST OR ABSTAINING, UH, SO THE PUBLIC KNOWS THE NUMBERS.
AND GO AHEAD AND LET'S MOVE INTO THE, OH, I'LL JUST RECOGNIZE WE HAVE COMMISSIONER HOWARD JOINING US, SO THAT BRINGS US UP TO 11.
UM, SO LET'S GO AHEAD AND, UH, LET ME, COMMISSIONER FLORES, ARE YOU ABLE TO DO THE FIRST READING THIS EVENING? YES, I AM.
AND WE'LL GO AHEAD AND DO THAT, AND THEN I'LL ASK TYPICAL QUESTIONS IF THERE'S ANY, UH, FOLKS THAT NEED TO RECUSE.
AND THEN, UH, WE'LL GO AHEAD AND MOVE INTO OUR DISCUSSION CASES.
[Reading of the Agenda]
START WITH THE FIRST READING OF THE AGENDA.ALL RIGHT, SO WE HAVE APPROVAL A MINUTES.
NUMBER ONE, APPROVED THE MINUTES OF SEPTEMBER 27TH, 2022.
NUMBER TWO, PLAN AMENDMENT NPA 20 18 0 0 2 1 0.02.
THAT IS APPLICANT INDEFINITE POSTPONEMENT THREE.
PLAN AMENDMENT NPA 20 22 0 0 2, 8 0.0 1 11 1 14 AND 11 2 0 6 JOSEPH CLAYTON DRIVE.
NUMBER FOUR, REZONING C 14 20 22 0 0 8 9.
JOSEPH CLAYTON DRIVE, THAT ITEM IS UP FOR CONSENT.
NUMBER FIVE, PLAN AMENDMENT NPA 20 21 0 0 0 5 0.02 ON TOPS MULTIFAMILY.
THAT ITEM IS AN APPLICANT POSTPONEMENT TO NOVEMBER 8TH.
NUMBER SIX, PLAN AMENDMENT NPA 20 22 0 0 1 4 0.02.
NUMBER SEVEN, REZONING C 14 20 22 0 0 8 8.
NUMBER EIGHT, PLAN AMENDMENT NPA 20 22 0 0 2, 9 0.02 ST.
NUMBER NINE, REZONING C 14 20 22 0 1.
NUMBER 10, PLAN AMENDMENT NPA 20 21 0 0 2 5 0.0 1 2 90 WEST AND SCENIC BROOK.
THAT ITEM IS UP FOR APPLICANT INDEFINITE POSTPONEMENT.
NUMBER 11, PLAN AMENDMENT NPA 20 19 0 0 1 3 0.01 COPELAND SOUTH.
THAT ITEM IS A STAFF POSTPONEMENT TO OCTOBER 25TH,
[00:05:02]
NUMBER 12, REZONING C 14 20 21 0 1 8 5 COPELAND SOUTH.THAT ITEM IS ALSO UP FOR STAFF POSTPONEMENT TO OCTOBER 25TH, NUMBER 13 C 14 20 22 0 0 86 MERL SINGLE FAMILY.
THAT ITEM IS UP FOR DISCUSSION.
C 14, UH, EXCUSE ME, NUMBER 14, REZONING C 14 20 22 0 0 1 5 SPRINGDALE COMMERCIAL.
THAT ITEM IS UP FOR APPLICANT POSTPONEMENT TO NOVEMBER 15TH, WHICH IS OUR MEETING AT 5:00 PM UM, NUMBER 15, REZONING C 14 20 22 7 0.
SPRINGDALE COMMERCIAL TRACK TWO AMENDED.
THAT ITEM IS UP FOR APPLICANT POSTPONEMENT TO NOVEMBER 15TH AT 5:00 PM NUMBER 16, REZONING C 14 20 22 0 2 0 6 15 17 KRAMER LANE.
THAT ITEM IS APPLICANT POSTPONEMENT TO NOVEMBER 15TH AT FIVE O'CLOCK.
NUMBER 17, REZONING C 14 20 22 0 2 11 9 0 9 MONOPOLI.
THAT ITEM IS A NEIGHBORHOOD POSTPONEMENT TO NOVEMBER 8TH, NUMBER 18, REZONING C 14 20 22 0 1 2 0 5 0 0 3 BURN, LLC.
THAT ITEM IS APPLICANT POSTPONEMENT TO NOVEMBER 15TH AT FIVE O'CLOCK.
NUMBER 19, HISTORIC ZONING C 14 H 20 22 0 0 7 3 WESTGATE TOWER.
THAT ITEM IS UP FOR DISCUSSION.
NUMBER 20, SITE PLAN P 20 21 0 4 6 C GIVENS DISTRICT PARK AQUATIC FACILITY.
NUMBER 21, SITE PLAN, ENVIRONMENTAL VARIANCE, SP 20 21 0 3 5 0 C SCH CYCLE.
THAT ITEM IS UP FOR CONSENT WITH ENVIRONMENTAL CONDITIONS.
NUMBER 22, PRELIMINARY PLAN C 8 20 22 0 1 1 2.
VELOCITY PRELIMINARY PLAN W R C 8 20 20 0 1 4 1.
CODE AMENDMENT, ENVIRONMENTAL PROTECTION, LANDSCAPE REQUIREMENTS AND SITE PLAN REQUIREMENTS.
AND THIS ITEM IS UP FOR DISCUSSION WITH, UH, WORKING GROUP AMENDMENTS.
NUMBER 24, CODE AMENDMENT C 20 20 21 0 1 4 PROJECT CONNECT.
THIS ITEM IS UP FOR CONSENT AND WAS RECOMMENDED BY ENVIRONMENTAL CON COMMISSION, UM, BY A VOTE OF EIGHT TO ZERO.
AND THAT IS THE FIRST READING OF THE CONSENT AGENDA.
ON THAT 18, WAS THAT, UM, WAS THERE A DATE CERTAIN WE WERE HEARING THAT WAS PULLED OFF? CONSENT? ARE YOU ASKING ME CHAIR? YES.
UH, APPLICANT POSTPONEMENT TO NOVEMBER 15TH AT FIVE O'CLOCK.
DO WE, UH, COMMISSIONERS, UM, DO WE HAVE ANY COMMISSIONERS THAT NEED TO RECUSE THEMSELVES FROM ANY OF THE CASES THIS EVENING? OKAY, HEARING NONE.
UM, JUST A FEW ANNOUNCE I DID OFFER UP THE OPPORTUNITY FOR ANYONE THAT HAD QUESTIONS ON THE LAST ITEM ON THE PROJECT CONNECT.
UH, JUST KNOWING WE HAD A PRETTY GOOD, UH, HEALTHY AGENDA THIS EVENING.
UM, I WANTED TO AVOID HAVING TWO CODE AMENDMENT HEARINGS.
UH, SO I THINK WE HAD SOME Q AND A, UH, HOPEFULLY WE GOT ALL THE QUESTIONS ANSWERED.
BUT THIS WOULD BE AN OPPORTUNITY JUST IF ANYONE HAD ANY QUESTIONS ON THAT ITEM, UH, JUST SO WE COULD KEEP IT ON THE CONSENT AGENDA.
IS THERE ANY FOLLOW UP NEEDED? OKAY, GOOD.
WE'LL KEEP THAT ONE ON CONSENT.
I'M GONNA GO AND READ THROUGH THIS ONE MORE TIME AND FAIR.
I HAVE A QUESTION ON, ON ITEM 13, THE MERLE ITEM.
WAS I THE ONLY ONE? I MEAN, ABSENT A CONCERN TO YOU, BUT WAS I THE ONLY ONE? CAUSE I DON'T, I KNOW WE HAVE A VERY FULL AGENDA
[00:10:01]
AND I DON'T THINK I'M LIKELY TO PREVAIL AND I DON'T WANT TO TAKE IT OFF CONSENT IF I CAN JUST BE SHOWN AS VOTING.NO, I THINK WE HAD A SPEAKER AND OPPOSITION, WHICH IS SO I DON'T THINK IT WAS YOU DRIVING THAT.
[Consent Agenda]
LET'S GO AHEAD AND READ THIS.SO THE FIRST OH, AND DID, I'D FAILED TO ASK, BUT DID ANYONE HAVE ANY QUESTIONS OR CHANGES TO THE AGENDA? UH, THE MINUTES FROM OUR LAST MEETING.
SO LET'S GO AHEAD AND READ THROUGH THE, UM, THE IT HERE WE HAVE ITEM ONE, APPROVAL A MINUTES, AND THEN UNDER PUBLIC HEARINGS.
PLAN AMENDMENT NUMBER TWO, PLAN AMENDMENT, APPLICANT INDEFINITE POSTPONEMENT.
ITEM THREE, PLAN AMENDMENT ON CONSENT.
ITEM FOUR, REZONING ON CONSENT.
ITEM FIVE, APPLICANT POSTPONEMENT TO NOVEMBER 8TH.
ITEM SIX, PLAN AMENDMENT ON CONSENT.
ITEM SEVEN, REZONING ON CONSENT.
ITEM EIGHT, PLAN AMENDMENT ON CONSENT.
ITEM NINE, REZONING ON CONSENT.
ITEM 10, PLAN AMENDMENT APPLICANT INDEFINITE POSTPONEMENT.
ITEM 11, PLAN AMENDMENT STAFF POSTPONEMENT TO OCTOBER 25TH.
ITEM 12, REZONING STAFF POSTPONEMENT TO OCTOBER 25TH.
THERE WILL BE A DISCUSSION CASE.
ITEM 14, REZONING APPLICANT POSTPONEMENT TO NOVEMBER 15TH, 5:00 PM ITEM 15, REZONING, APPLICANT POSTPONE NOVEMBER 15TH, 5:00 PM ITEM 16, REZONING APPLICANT POSTPONEMENT NOVEMBER 15TH, 5:00 PM ITEM 17, REZONING NEIGHBORHOOD POSTPONE TO NOVEMBER 8TH 18.
REZONING IS APPLICANT POSTPONEMENT TO NOVEMBER 15TH AT 5:00 PM 19.
HISTORIC ZONING CASE SETS OUR WESTGATE TOWER DISCUSSION CASE 20, SITE PLAN ON CONSENT, 21 SITE PLAN, ENVIRONMENTAL VARIANCE.
ENVIRONMENTAL VARIANCE IS ON CONSENT WITH THE EN UH, ENVIRONMENTAL CONDITIONS IN THE BACKUP.
THIS IS, UH, A CODE AMENDMENT.
UM, AS NOTED, WE DID CLOSE PUBLIC HEARING.
UH, WE MAY HAVE A FEW SPEAKERS THAT WILL ENTERTAIN IF, UM, I THINK WE MIGHT HAVE A FEW, UH, Q AND A WAS CONDUCTED, SO WE'RE GONNA MOVE RIGHT IN DISCUSSION.
WE DID HAVE A WORKING GROUP, SO WE'LL HAVE THEM GIVE US A QUICK OVERVIEW OF EACH OF THEIR AMENDMENTS, UH, BEFORE WE DECIDE, YOU KNOW, WHAT TO DO WITH THOSE.
UH, ITEM 24, CODE AMENDMENT IS ON CONSENT AND JUST NOTED THIS IS RECOMMENDED BY THE ENVIRONMENTAL COMMISSION EIGHT TO ZERO.
UM, SO WITH THAT, ANY QUESTIONS ABOUT THE CONSENT AGENDA? YES, COMMISSIONERS ARE SURE.
CAN I JUST MAKE A CHAIR? WOULD BE OKAY FOR ME TO JUST MAKE A QUICK COMMENT? OH, PLEASE.
SO THIS WOULD BE AN ITEM 24, WHICH IS A PROJECT CONNECT ITEM.
I JUST REALLY WANT TO THANK OUR STAFF FOR WORKING ON THIS, SERVING ON THE PROJECT CONNECT COMMUNITY ADVISORY COMMITTEE.
I KNOW THAT BODY IS VERY EXCITED TO SEE SOME OF THIS WORK MOVE FORWARD.
AND I THINK WE'RE SEEING THE WORK THAT, UM, A LOT OF OUR COMMUNITY HAS WANTED FOR A VERY LONG TIME COME TO FRUITION.
AND THE WORK OF OUR STAFF IS REALLY MOVING THAT ALONG.
SO I JUST WANNA THANK THE STAFF TEAM FOR THEIR WORK ON THIS.
AND I ALSO WANNA THANK MY FELLOW COMMISSIONERS, UH, FOR SUPPORTING THIS ITEM.
DO I HAVE A MOTION, UH, TO CLOSE PUBLIC HEARING? UH, COMMISSIONER ZA SECOND ADVISED BY HEMPLE, LET'S GO AND TAKE A VOTE ON THE CONSENT AGENDA.
UM, THOSE ON THE DIAS, LET'S EVERYONE, THOSE ON THE SCREEN.
WE'RE GONNA MOVE TO OUR FIRST DISCUSS IN CASE, WHICH I THOUGHT I HAD THE ORDER.
AND THIS IS, WE'RE GONNA TAKE UP NUMBER, WHICH ONE IS IT? YEAH, IS THAT 13? OKAY.
[13. Rezoning: C14-2022-0086 - Merle Single Family; District 5]
TAKE, UH, ITEM 13 UP FIRST.AND SO HERE FROM STAFF CHAIR COMMISSION LAY LIAISON, I DO WISH TO ENTERTAIN A Q AND A AT 5 0 3 OH.
[00:15:01]
THIS POTENTIALLY COULD BE A LATE EVENING, UH, GOING INTO THIS, UM, FOR STARTERS, IF, UNLESS THERE'S ANY OPPOSITION, I WOULD LIKE TO HOLD THE Q AND A ON THE EVERYTHING.BUT THE, UH, ITEM 23, WHICH WILL HAVE A MORE ROBUST, ROBUST DISCUSSION, UM, IS HOLD IT TO FIVE COMMISSIONERS AT, UH, FIVE MINUTES, THREE MINUTES.
YEAH, WE, THAT WILL KEEP IT DOWN.
ANY OPPOSITION TO MODIFYING OUR RULES JUST TO GET OUTTA HERE AT A DECENT HOUR.
WE'LL GO AHEAD AND KEEP THE Q AND A TO FIVE COMMISSIONERS AT THREE MINUTES.
MY NAME IS WENDY ROSE WITH THE HOUSING AND PLANNING DEPARTMENT.
THIS, UH, REZONING IS, IS FOR 44 0 7.
MERLE DRIVE, UH, CONSISTS OF A PLATTED LOT AND CONTAINS A SINGLE FAMILY RESIDENCE AND IS ZONED L O N P FOR LIMITED OFFICE NEIGHBORHOOD PLAN DISTRICT.
THERE ARE RESIDENCES ALONG BOTH SIDES OF MERLE DRIVE, UH, ZONED S F THREE, AS WELL AS OFFICE AND COMMERCIAL USES TO THE NORTH AT THE INTERSECTION WITH EASTBOUND BEN WHITE BOULEVARD.
THE APPLICANT HAS FILED A REQUEST TO REZONE THIS PROPERTY FROM L O N P TO S F THREE N P, UH, WITH THE INTENT OF EITHER BUILDING A TWO FAMILY RESIDENCE OR A DUPLEX ON THE PROPERTY.
UH, THE STAFF IS RECOMMENDING THE APPLICANT'S REQUEST BECAUSE THE LOT, UH, MEETS THE INTENT OF THE SF THREE DISTRICT AT FRONTS ON RESIDENTIAL PORTION OF MERLE DRIVE AND REZONING WOULD BE CONSISTENT WITH THE USES THAT ARE ESTABLISHED THE EAST, SOUTH, AND WEST OF THE PROPERTY.
AND THAT CONCLUDES MY PRESENTATION.
THE CHAIR WILL NOW HEAR FROM THE APPLICANT, MISS VICTORIA HAI.
SEE, GOOD EVENING COMMISSIONERS VICTORIA HASI WITH THROWER DESIGN ON BEHALF OF THE LANDOWNER.
UM, SO THIS IS THE, THE SITE, THE SUBJECT TRACT IS MAYBE A LITTLE CHALLENGING TO SEE, BUT IT'S THE LITTLE BLACK OUTLINED POLYGON IN THE MAP IN FRONT OF YOU.
IT'S ON THE SOUTHEAST COR, OR SOUTHEAST QUADRANT, I GUESS YOU WOULD SAY OF THIS IMAGINE AUSTIN ACTIVITY CENTER.
UM, IT IS IN PROXIMITY TO TRANSIT AND EXISTING TRANSIT BUS STOPS AND, AND SERVICE LINES.
SO THE SITE'S A LITTLE OVER A QUARTER OF AN ACRE, AND IT HAS L O N P ZONING TODAY.
UH, THE REQUEST IS FOR SF THREE, WHICH IS CONSISTENT WITH THE NEIGHBORHOOD PLAN.
UM, THE DESIRES TO DEVELOP THE SITE WITH A TWO FAMILY, USE A MAIN HOUSE AND AN ADU.
UM, AND THE SITE DOESN'T HAVE, UH, MUCH FRONTAGE.
IT'S, IT'S ABOUT 60 FEET OF FRONTAGE, SO ALL THAT COULD BE ACHIEVED HERE IS ONE HOUSE AND AN ADU.
THERE ARE EIGHT HERITAGE TREES ON THE SITE, WHICH DOES NOT MAKE IT CONDUCIVE TO, UM, OUR COMMERCIAL DEVELOPMENT.
UM, AND IS THAT THE REASON WHY IT'S BEING REQUESTED FOR SF THREE DEVELOPMENT? AGAIN, IT IS.
THE REQUEST IS CONSISTENT WITH THE NEIGHBORHOOD PLAN.
I'M HERE IF YOU HAVE ANY QUESTIONS.
WE'LL NOW HEAR FROM THE OPPOSITION, MS. CATHERINE.
WE, MS. SWEARY WILL HAVE FIVE MINUTES.
I'M SORRY, YOU SAID FIVE MINUTES? YES, MA'AM.
I, I DON'T, I CAN'T TELL WHO'S TALKING.
IF I STAND ON THE FRONT CORNER OF MY PROPERTY AND TAKE 32 STEPS THAT DIRECTION, I'M ON THE CORNER OF THE PROPERTY IN QUESTION.
I SEE THE STAFF'S RECOMMENDED THIS ZONING CHANGE, BUT THEY DON'T LIVE ON MERLE DRIVE.
HAVE ANY OF YOU BEEN TO MERLE DRIVE? I WOULDN'T HAVE EXPECTED.
LONG AS SHE SAID, THE FIRST STREET EAST OF, OF MAN TRACK GOING SOUTH OFF, BEN WHITE ACCESS, I'M IN THE FIRST BLOCK CROSSES RED.
AND THEN, UH, THERE WAS A VACANT LOT THERE AND 20 HOMES GOT BUILT ON THAT VACANT LOT.
YOU CAN IMAGINE WHAT THAT DID FOR THE TRAFFIC ON OUR LITTLE TWO BLOCK STREET.
THIS IS A 1950S NEIGHBORHOOD CARPORTS, NO VAULTED CEILINGS, VERY MODEST HOMES.
THERE ARE FIVE HOMES ACROSS FROM ME, SIX ON MY SIDE.
IT'S ONLY 11TH STREET'S, A VERY SHORT
[00:20:01]
BLOCK.THE CORNER AT RED, 44 14 IS ALREADY MULTIPLE PROPERTIES.
THEY BUILT TWO RESIDENCES WHERE THERE HAD BEEN A HOME IN A FRONT YARD.
MY FAVORITE GROUP WAS THE GROUP THAT SHOWED UP AT 2:00 AM MULTIPLE CARS, DRUNKEN PEOPLE, A BOAT ON A TRAILER, AND THEY SPENT THE REST OF THE NIGHT ARGUING OVER HOW TO GET THAT TRAILER WITH A BOAT INTO THE DRIVEWAY THAT'S LOCATED RIGHT BY A POWER POLE.
NOBODY GOT MUCH SLEEP THAT NIGHT.
THE NEXT BLOCK, THE OTHER BLOCK WILL HAVE A SHORT TERM RENTAL SOON.
WE'VE RECEIVED A NOTICE FROM THE CITY ABOUT THAT AT 45 16.
SO THEY'RE GONNA HAVE FUN IN THAT BLOCK TOO, ON MY BLOCK AT 44 13, DIRECTLY ACROSS THIS WAY.
THAT PROPERTY SOLD A YEAR AGO, AND THEY'VE BEEN WORKING ON RE RENOVATING THE MAIN OF THE ORIGINAL HOUSE, PUTTING IN A NEW YARD.
NOW, APPARENTLY THEY HAVEN'T TOLD THE CITY ANYTHING BECAUSE WE'VE GOTTEN NO NOTICES, BUT THEY'VE TOLD ALL THE NEIGHBORS THEY PLAN TO BUILD ANOTHER RESIDENCE IN THE BACK OF THAT LOT AS WELL.
KEEP IN MIND, THERE ARE FIVE HOUSES, SO THAT'S A DOUBLE ONE THERE.
THAT PROPERTY HAS BEEN LISTED ON ZILLOW FOR MONTHS ALREADY FOR OVER 3 MILLION.
KEEP IN MIND IT'S TWO PROPERTIES AWAY FROM BEN WHITE, BUT THEY'RE GONNA SELL IT FOR 3 MILLION, OVER 3 MILLION.
AND IF YOU'VE GOT THAT KIND OF MONEY, THEY'RE HAPPY TO PUT TWO STRUCTURES.
THEY EVEN DEPICT A SWIMMING POOL.
WON'T THAT BE SWANK? WHAT THIS IS REALLY ABOUT IS THAT THEY PAID AN OUTRAGEOUS FORTUNE FOR THAT PROPERTY THIS SPRING, AND THEY WANNA PACK AS MUCH ONTO IT AS THEY CAN AND GET AS RICH AS THEY CAN OFF OF THAT PROPERTY.
AND IF YOU'RE TELLING YOURSELVES THAT ALL OF THIS IS BUILDING COMMUNITY, LET ME, YOU, YOU SHOULD NOT BE TELLING YOURSELF THAT IN THE PAST TWO YEARS, OUT OF JUST MY BLOCK, 11 HOUSES, FOUR SETS OF PEOPLE HAVE MOVED OUT, HAVE LEFT THAT NEIGHBORHOOD, THREE OF THEM OUT OF TOTAL DISGUST FOR WHAT IS HAPPENING IN THAT NEIGHBORHOOD.
THEY MOVED TO KYLE, EVEN PORTER RANCHES.
THEY DID NOT WANNA LIVE THROUGH THE CONSTRUCTION DISRUPTION AND THE RIDICULOUS ARCHITECTURE.
THE TOTAL CHANGE IN THE CHARACTER OF THIS COMMUNITY.
I KNOW, UH, CLEARLY THEY'RE NOT LOOKING TO FOR THIS TO IMPROVE AFFORDABLE HOUSING IN THE AREA.
NOT WITH A SWIMMING POOL ON THE PROPERTY AND NOT FOR SALE FOR $3 MILLION.
YOU'RE NOT BUILDING COMMUNITIES, YOU'RE TEARING APART NEIGHBORHOODS.
YOU HAVE THE POWER TO JUST SAY NO ON.
WE'LL NOW HEAR FROM THE APPLICANT FOR A THREE MINUTE REBUTTAL.
GOOD EVENING, COMMISSIONERS VICTORIA AGAIN.
SO THE SITE TODAY HAS A SINGLE FAMILY HOUSE AND A DETACHED GARAGE.
AND, UM, I GUESS DURING THE NEIGHBORHOOD PLANNING PROCESS OR SOME TIME AROUND THERE, THE SITE RECEIVED LO ZONING, WHICH WAS INCONSISTENT WITH THE DEVELOPMENT THAT IT'S BEEN ON THE SITE FOR SEVERAL DECADES.
AND WHAT WE'RE ASKING FOR IS A REZONING, A DOWN ZONING, UM, TO BUILD BACK ANOTHER SINGLE FAMILY HOUSE, BUT THIS TIME WITH AN ADU IN ADDITION.
SO, UM, IT'S GOING TO BE CONSISTENT WITH WHAT IS ON THE STREET TODAY.
UH, SINGLE FAMILY HOUSES, SOME OF THEM, SOME OF THE HOUSES HAVE ADUS.
UM, SO WE FEEL LIKE THIS IS A REQUEST THAT ALSO, AGAIN, IS IN ALIGNMENT WITH THE NEIGHBORHOOD PLAN, WITH THE FUTURE LAND USE MAP.
AND WE RESPECTFULLY REQUEST YOUR SUPPORT.
THAT CONCLUDES THE SPEAKERS ON THIS ITEM.
UM, MOTION TO CLOSE PUBLIC HEARING.
GONNA GET BACK TO THE ROOM, UH, SECONDED BY COMMISSIONER ANDERSON.
OH, SORRY,
SO, UM, LET'S GO AND TAKE A VOTE ON CLOSING IN THE PUBLIC.
AND THAT'S ALL GREEN, SO THAT'S 10
[00:25:01]
ZERO.UM, WELL, SO WE'RE AT FIVE COMMISSIONERS, THREE MINUTES EACH.
ANY QUESTIONS? UH, COMMISSIONER MITCH TYLER.
SORRY, QUESTION IS FOR OPPOSITION SPEAKER.
UM, I WANNA UNDERSTAND YOUR CONCERNS A LITTLE BETTER.
THE PROPERTY IS CURRENTLY ZONED LO AND IF I'M CORRECT, SOMEBODY CORRECT ME IF I'M WRONG, THAT'S, THAT'S GONNA BE OFFICE COMMERCIAL.
SO IT'S CURRENTLY GOT ZONING TO PUT AN OFFICE ON THAT PROPERTY.
UM, AND IF THE CONCERN WAS THE TRAFFIC AND THE CHANGING IN THE AREA, I GUESS I'M TRYING TO UNDERSTAND WHY THE SF THREE REQUEST FROM THE APPLICANT IS OBJECTIONABLE FOR YOU.
YOU HAVE OPPORTUNITY TO ANSWER THAT.
I JUST WANNA UNDERSTAND YOUR CONCERN.
YOU'RE OUR ONLY OPPOSITION SPEAKER, SO YOU WILL, I DON'T KNOW WHY THE PREVIOUS OWNER HAD THAT ZONING.
THERE IS A GARAGE BACK THERE THAT HAS A SIDE DOOR, SO IT LOOKS LIKE SOMEBODY YOU COULD FINISH IT OUT AND LIVE THERE.
UH, IF YOU WANTED AN AU THERE WA HASN'T BEEN.
I'VE LIVED THERE 20 YEARS COME FEBRUARY.
HE HAD MOVED IN A NUMBER OF YEARS BEFORE THAT.
I DON'T KNOW WHY IT'S ZONED AS IT IS.
THERE ARE IS ANOTHER RESIDENCE OR TWO WHAT WERE RESIDENTS ON THE STREET ON MY SIDE? UH, ONE'S LAW OFFICE.
I DON'T KNOW WHY IT'S ZONED THAT WAY.
I WANNA MAKE SURE YOU UNDERSTAND THAT WITHOUT THE APPLICANT COMING AND REQUESTING A CHANGE, THEY COULD PUT IN OFFICE AND RETAIL THERE, THAT'S WHAT IT WOULD BE ZONED FOR.
AND THEY WOULDN'T EVEN COME BEFORE US OR REQUEST PERMISSION FOR THAT, WHICH IT SEEMS LIKE THAT WOULD CREATE MORE PROBLEM THAN STAYING WITH THE SF THREE.
EVEN EVEN IF IT IS A DIFFERENT CALIBER OF HOME, THEY'RE GOING TO TEAR DOWN THE EXISTING HOUSE.
AND KEEP IN MIND, THEY'RE LOOKING FOR MORE THAN 3 MILLION OUT OF THIS PROPERTY.
CLEARLY THIS IS NOT JUST A LITTLE GRANDMA COTTAGE PLAN FOR THE BACK, ESPECIALLY WITH A SWIMMING POOL DEPICTED ON ZOOM.
THEIR INTENTIONS ARE NOT TO SIMPLY BUILD A LITTLE SECONDARY LITTLE STRUCTURE THERE.
OKAY, THANK YOU MY COMMISSIONERS.
ANY FURTHER QUESTIONS? UH, COMMISSIONER SHAY AND THEN FOLLOWED BY VICE CHAIR.
HE, WHAT QUESTIONS FOR THE APPLICANT? SO, UH, YOU MENTIONED THAT THERE'S HERITAGE TREES ON THIS AND HOW MANY, THERE'S UH, NINE TREES TOTAL.
AND SO WHAT AREAS REALLY LEFT TO EVEN BUILD? UM, EIGHT, THOSE EIGHT HERITAGE TREES ARE IN THE FRONT SETBACK.
AND THEN THERE, THE ONE TREE THAT'S NOT HERITAGE, BUT IT IS PROTECTED, IS AT THE REAR OF THE PROPERTY.
SO, UM, IT'S, IT'S QUITE A BIT OF, OF FRONTAGE THAT'S TAKEN UP BECAUSE OF HERITAGE TREES AND CRITICAL ROOT ZONES.
SO FROM WHAT I'M LOOKING AT, IT'S KIND OF A LARGEST LOT, BUT EQUIVALENT ABOUT OF A WHAT SIZE INFILL LOT WOULD YOU SAY? THIS IS MORE LIKE IF YOU LOOK AT WHAT YOU CAN DEVELOP YEAH.
OF USABLE, LIKE COMPARE, IS THIS MORE LIKE A 6,000 SQUARE FOOT LOT, A 5,000, YOU KNOW, BY THE TIME YOU FACTOR WHAT WE CAN'T USE BECAUSE OF THE HERITAGE TREES? UH, THAT'S A GOOD QUESTION.
I MEAN, THE LOT IS JUST A LITTLE OVER A QUARTER OF AN ACRE RIGHT NOW.
UM,
RON THROWER LOOKING AT THE TREE SURVEY THAT WE HAD, AND I WISHED I'D BROUGHT ONE, BUT, UH, I'D SAY ABOUT A THIRD OF THE PROPERTY'S GONNA BE ENCUMBERED BY HERITAGE TREES AND THE CRITICAL ZONES.
AND THE INTENT HERE IS, I MEAN, I GUESS WITH THIS BIG, YOU CAN BUILD DUPLEX HOUSE WITH ADU.
UM, I MEAN, IS UH, IS THE INTENT HERE JUST TO BUILD SOMETHING LIKE THAT? OR IS IT A DUPLEX OR IS IT, UM, HOUSE AND AN ADU IS WHAT WE, WE'VE BEEN TOLD.
AND I DON'T KNOW WHERE THIS 3 MILLION, I MEAN, IS THAT, IS IT IN THE INTENT TO, THIS IS THE FIRST WE'VE HEARD OF THIS PRICE, BUT YOU KNOW, I THINK WE ALL KNOW THE PRICE IS WHATEVER THE MARKET WILL BEAR PERSONALLY, $3 MILLION.
[00:30:01]
SEEN.I MEAN, I, AND I'M IN REAL ESTATE.
I THAT, THAT'S NOT EVEN CLOSE TO WHAT I THINK THE VALUE OF THIS IS.
IT'S, IT'S PROBABLY, YOU KNOW, MORE THAN TRIPLE OF WHAT IT IS EVEN PROBABLY EVEN WORTH EVEN LESS.
WELL, I'M SITTING AT MY COMPUTER.
UM, I WAS ABLE TO PULL UP THE ZILLOW LISTING, UM, AND I, I KNOW ZILLOW ISN'T COMPLETELY ACCURATE FOR UNDERSTANDING PRICES, BUT IT IS ON ZILLOW FOR $3,000,088 OR SOMETHING.
UM, AND THEY DO HAVE THE PLANS DRAFTED UP SEVEN BEDROOM, EIGHT BATH HOME.
UM, SO I'M, THIS MAY BE A QUESTION FOR STAFF ABOUT THE SHORT TERM RENTAL PROCESS AND, UM, WHAT'S THE STATE OF THAT IN AUSTIN RIGHT NOW? LIKE IF THIS HOME WAS BUILT, THEN DO THEY THEN APPLY FOR SHORT TERM RENTAL AND AND ARE THE NEIGHBORS NOTICED? UH, REGARDING THE SHORT TERM RENTAL? YES, THEY WOULD BE REQUIRED TO, UH, REGISTER WITH THE CITY.
UM, AND I, BUT THAT'S REALLY ALL I KNOW ABOUT THAT.
ANY FURTHER QUESTIONS? YOU HAVE A COUPLE MORE SPOTS? UH, COMMISSIONER THOMPSON, I HAVE A QUESTION FOR STAFF.
UM, IF, IF I LOOK AT IT, IT SEEMS LIKE IT'S SORT OF CADDY CORNERED FROM, UH, LAND THAT'S ZONED, UH, G V NP.
UM, SO IF, IF THEY BUILD A 3 MILLION HOME HERE OR A 5 MILLION HOME ON A $3 MILLION LOT, IT WOULD THAT HOUSE THEN TRIGGER COMPATIBILITY FOR THE, THE GRV LAND? SO THE PROPERTY NEXT DOOR IS L O IS THAT DIRECTLY TO THE NORTH? IS IS L O SO YES.
IF IT'S, IF IT IS, UH, REZONED SF THREE, THEN YES, THAT WOULD TRIGGER COMPATIBILITY, UM, AS IT RELATES TO THE PROPERTY NEXT DOOR, WHICH IS L O N P.
AND, AND IS THERE ANYTHING THAT
BUT SO THEY WOULD HAVE TO ASK, SO HOW DOES THAT WORK? THEY ASK THE PROPERTY OWNER, OR THEY ASK THE CITY, UH, THEY, THEY WOULD HAVE TO, UH, FILE AN APPLICATION WITH, WITH THE CITY.
I MEAN, THAT ASSUMES THAT THERE IS A SITE PLAN APPLICATION THAT, UM, IS ACTIVE OR BECOMES, UH, IS SUBMITTED TO THE CITY FOR THE PROPERTY TO THE NORTH, OR I SUPPOSE THE PROPERTY TO THAT'S ACROSS THE STREET THAT'S ZONED LO UM, I THINK THAT IS DEVELOPED WITH AN OFFICE.
BUT YEAH, IF THERE WAS A SITE PLAN, UM, YES, THIS SF THREE ZONE WOULD LOT WOULD TRIGGER COMPATIBILITY AND THERE WOULD BE A, UH, COMPATIBILITY WAIVER PROCESS THAT, UH, THEY COULD, THEY COULD REQUEST AS PART OF A SITE PLAN.
UM, I GUESS I HAVE A QUESTION FOR MR. THROWER OR, OR MS. HUSSEY, UH, RON THROWER HERE.
UM, SO W WOULD YOU BE WILLING AT ALL TO HAVE SOME SORT OF, UM, RESTRICTIVE COVENANT THAT SAID THAT, THAT YOU WOULD SUPPORT A WAIVER FOR COMPATIBILITY IN THE FUTURE? WE'D HAVE TO GET WITH OUR CLIENT ON THAT SPECIFIC ISSUE, BUT I THINK IT'S ALSO IMPORTANT TO NOTE THAT TODAY THERE'S AN EXISTING HOUSE ON THE PROPERTY.
AND EVEN THOUGH IT'S ZONED COMMERCIAL, THAT HOUSE ALONE TRIGGERS COMPATIBILITY TODAY.
SO REZONING IS NOT CHANGING THE COMPATIBILITY MATTER.
BUT IF THAT HOUSE WERE TO BE USED AS AN OFFICE, THEN THEN IT WOULD NOT, IF THAT'S A QUESTION, THEN THE ANSWER'S YES.
DO YOU HAVE MOTION? UH, I THINK IT'S OUR COMMISSIONERS
[00:35:01]
ARE FIRST COMMISSIONER.I'M GONNA MAKE A MOTION TO MOVE FORWARD WITH STAFF RECOMMENDATION.
DO YOU HAVE A SECOND? COMMISSIONER? SHE DON, SPEAK TO YOUR MOTION.
I, YOU KNOW, I THINK SOME OF THE CONCERNS THAT WE'VE HEARD TODAY ARE VERY REAL AND I THING NEIGHBORS AROUND THE CITY ARE FACING THOSE KIND OF PRESSURES.
UM, BUT HAVING SAID THAT, I THINK COMMISSION ALDER HAD A REALLY GOOD POINT THAT IF WE WANNA MANAGE THOSE, UM, ISSUES, IN SOME WAYS ZONING TO SINGLE FAMILY WILL PROTECT THE NEIGHBORHOOD FROM THOSE PRESSURES PRE, SINCE OFFICE AND COMMERCIAL CAN HAVE THEIR OWN RULES THEN CAN CAUSE CERTAIN CONCERNS.
SO I THINK THAT IS ONE REASON WHY WE SHOULD SUPPORT THIS IN ADDITION TO THE FACT THAT IT IS SOMETHING THAT GENERALLY SEEMS TO BE SUPPORTED AND IS LARGELY IN LINE WITH THE EXISTING NEIGHBORHOOD PLAN.
UM, ONE LAST THING I'LL SAY ON THIS IS I REALLY HOPE THAT WE CAN FIND A WAY TO NOT HAVE A LOT OF HOUSING NEXT TO OUR HIGHWAYS.
AND I KNOW THAT'S SOMETHING THAT WE HAVE TO WORK WITH, BUT ALSO SEEING SOME OF THE LIMITATIONS ON THIS SITE WITH THE HERITAGE TREES, UH, TO COMMISSIONER SHE'S POINT, REALLY APART FROM WHERE THE STRUCTURES ARE TODAY, IT'S VERY HARD TO EXPAND THE FOOTPRINT OR CREATE SOMETHING ELSE.
SO CONSIDERING ALL THOSE LIMITATIONS, BOTH FOR THE DEVELOPER AND THINKING WHAT WOULD SUPPORT THE NEIGHBORHOOD'S NEEDS, IT MAKES SENSE TO SUPPORT THIS.
ALRIGHT, COMMISSIONER SPEAKING AGAINST, UH, COMMISS MR. THOMPSON.
SO I, I CAN'T SUPPORT IT JUST BECAUSE I THINK IT WILL TRIGGER COMPATIBILITY ON A PROPERTY.
YOU KNOW, THAT'S GOT MUCH MORE INTENSIVE ZONING.
UH, IT'S WITHIN A QUARTER MILE OF A, A TRANSIT STATION, THE WESTGATE TRANSIT CENTER.
UM, AND YOU KNOW, I, I DON'T LIKE PUTTING LOTS OF HOUSING ON OR DEVELOPMENT ON ACCESS ROADS.
UM, BUT, YOU KNOW, HOPEFULLY WE CAN HAVE THOSE ROADS BE MORE ENVIRONMENTALLY FRIENDLY IN THE FUTURE.
UH, AND, YOU KNOW, ZONING THIS FOR, FOR THE LUXURY SINGLE FAMILY HOUSING NOW IS, IS GOING TO BE DENYING OPTIONS ON OTHER PROPERTIES AND WE JUST DON'T NEED TO BE EXPANDING THE FOOTPRINT OF SINGLE FAMILY ZONING IN AUSTIN RIGHT NOW.
ALL RIGHT, COMMITTER SPEAKING IN FAVOR, MR. CHE.
SO I DON'T KNOW HOW THIS PROPERTY GOT THIS ZONING AS WELL.
I MEAN, IT SEEMS LIKE, I MEAN, OFTENTIMES WHEN, UM, PROPERTIES GET ANNEXED, UM, THEY'RE JUST KIND OF GIVEN WHAT SOMETHING WAS INTENDED AND IF NOBODY, UM, YOU KNOW, SAYS NO, THEN IT'S ASSIGNED TO IT.
BUT WE'VE SEEN A LOT OF CASES WHERE PEOPLE HAVE COME FORWARD AND JUST SAID, LOOK, I JUST WANT THE ZONING THAT FITS MY USE THAT'S BEEN THERE FOR SO LONG.
AND A LOT OF THIS IS THEY'VE HAD THE RIGHT TO USE THIS AS A HOUSE.
THE PATTERNS HAVE ALWAYS BEEN THERE AS A HOUSE.
SO I FEEL LIKE TO DENY THEM TO CONTINUE THE USE OF WHAT IT'S ALWAYS BEEN, I MEAN, IS, I DON'T KNOW.
I MEAN, I JUST DON'T THINK IT'S RIGHT.
THE OTHER THING IS, AGAIN, THIS PROPERTY IS HIGHLY ENCUMBERED.
UH, WHOEVER'S LIVING THERE IS NOW HAS TO BE A STEWARD OF EIGHT HERITAGE TREES ON THEIR PROPERTY.
UM, DOING ANY TYPE OF DEVELOPMENT IS GONNA BE DIFFICULT ANYWAY.
AND I THINK, UM, WITH THOSE TREES, IT COULD ACTUALLY MAKE FOR A VERY NICE HOME.
NOW, AS FAR AS FOR THESE THOUGHTS OF THAT THIS COULD BE X MILLIONS OF DOLLARS, AGAIN, IT'S ONLY WHAT THE MARKET CAN BEAR.
AND I, AS OF RIGHT NOW, EVEN LOOKING AT WHERE THE MARKET'S AT, THIS IS SOMEBODY'S, YOU KNOW, GIANT DREAM RIGHT NOW, 3 MILLION BUCKS OUT.
ANYWAY, THAT'S WHY, UM, SUPPORT STAFF.
UM, SO SPEAKING IN OPPOSITION CHAIR, COMMISSIONER ANDERSON.
IT, IT, I GUESS IT'S JUST ANOTHER GREAT EXAMPLE OF REALLY HOW BAD OUR LAND DEVELOPMENT CODE IS.
UM, IT FEELS RECKLESS TO PUT COMPATIBILITY ON MORE LAND IN THIS CITY AND TO JUST BROADEN IT EVEN WIDER, BUT IT REALLY HIGHLIGHTS OUR LACK OF ZONING TOOLS.
AND IT'S SHOCKING TO ME THAT WE DON'T HAVE A GOOD MISSING MIDDLE HOUSING TYPE THAT WE COULD APPLY TO THIS PROPERTY AND TO COUNTLESS OTHER PROPERTIES IN THIS CITY THAT'S DESPERATE FOR HOUSING AND DESPERATE TO ALLOW FOR, YOU KNOW, MORE MIDDLE INCOME EARNERS TO BE ABLE TO OUTBID THE HIGHEST OF INCOME EARNERS.
WE ARE IN AN AFFORDABILITY CRISIS, BUT EVERY DAY WE FAIL TO ACT.
WE PRETEND LIKE WE'RE NOT, AND I JUST DON'T UNDERSTAND HOW WE AREN'T MOVING THE NEEDLE ON LEGALIZING MORE FORMS OF HOUSING IN THE CITY.
COMMISSIONERS, SPEAK IN FAVOR.
SPEAKING AGAINST, ALL RIGHT, LET'S GO AHEAD, TAKE, UH, VOTES.
SO THE, THE MOTION BY COMMISSIONER DESIRE SECOND BY COMMISSIONER SHANE TO SUPPORT, UH, STAFF RECOMMENDATION.
UH, THOSE IN THE DIAS IN FAVOR, PLEASE RAISE YOUR HAND.
UM, LET'S GO AND COUNT THOSE, UH, VIRTUALLY THOSE IN FAVOR.
SHOW ME YOUR GREEN CARDS, PLEASE.
[00:40:03]
ALL RIGHT, THAT'S TWO.THOSE ON THE DIAS, UH, AGAINST, ALL RIGHT, THOSE, UH, VIRTUALLY THAT ARE AGAINST THIS MOTION.
OKAY, SO THAT MOTION, IF I GET MY NUMBERS RIGHT, THAT FAILS 6 41, IS THAT CORRECT? YES.
I, I, I, SO I'LL SPEAK TO IT LATER.
I'M GONNA MAKE A MOTION TO POSTPONE THIS TO OUR NEXT MEETING.
YOU HAVE A SECOND, SECOND TO POSTPONE, UH, SEE.
COMMISSIONER SCHNEIDER, I'M GONNA SPEAK TO YOUR MOTION COMMISSIONER ZA.
SO I'M NOT SURE IF WE'RE GONNA HAVE THEIR VOTES FOR THIS, BUT I THINK, I JUST WANNA SAY, I THINK SOME OF MY FELLOW COMMISSIONERS PRETTY, THE ISSUES AROUND COMPATIBILITY OR OTHER THINGS, I THINK THOSE ARE IMPORTANT ISSUES AND I THINK WE'VE HEARD FROM THE APPLICANT THAT THEY'RE WILLING TO CONSIDER THIS, GO BACK TO TALK TO THEIR CLIENT AND SEE WHAT CAN BE DONE TO ADDRESS SOME OF THOSE CONCERNS.
SO MY HOPE IS THAT, YOU KNOW, BY, BY, RATHER THAN JUST MOVING FORWARD WITHOUT RECOMMENDATION FROM PLANNING COMMISSIONER HOLDING IT DOWN, IF WE ACTUALLY POSTPONE IT, WE CAN RESOLVE SOME OF THOSE ISSUES.
IT IS ASKING A LOT OF A PROPERTY OWNER TO SOMEHOW FIGURE OUT WHAT TO DO WITH THEIR PROPERTY WHEN THEY HAVE THAT MANY LIMITATIONS ON THEIR SIDE WITH COMPATIBILITY FROM THEIR JOINING PROPERTY ON ONE SIDE, ACTUALLY, UH, COMPATIBLE FROM THE OTHER SIDE AS WELL.
AND THEN NOT TO MENTION THE HERITAGE TREES ON IT, IT IS KIND OF A HARD PLACE TO BE.
AND I AGREE WITH WHAT COMMISSIONER ANDERSON IS SAYING AROUND THEY ARE LIMITATIONS WITH OUR CODE, WHICH MAKE THESE THINGS VERY HARD, BUT I'M NOT SURE I CAN PENALIZE AN APPLICANT FOR US HAVING ISSUES WITH OUR CODE.
MY HOPE WOULD BE THAT IF MY FELLOW COMMISSIONERS CAN SUPPORT THIS, WE CAN BRING IT BACK NEXT TIME AND RESOLVE SOME OF THOSE ISSUES.
ANY COMMISSIONERS, UH, SPEAKING AGAINST POSTPONEMENT? ANY SPEAKING? OH, VICE YOUR HIPPLE, YOU WANNA SPEAK AGAINST THIS MOTION? YEAH, I, UM, I RESPECT MR. AAR'S MOTION IN TRYING TO WORK THROUGH A COMPROMISE, BUT I, THE LISTING ON, ON ZILLOW IS, IT SAYS BUILD YOUR OWN FAMILY COMPOUND AN INSANE AIRBNB OR CUSTOM BUILD OF THE FRONT AND OR BACK HOUSE.
AND I, I JUST DON'T SEE, EVEN IF THE COMPATIBILITY WAS, WAS, UM, RESOLVED, UM, WHERE IT DIDN'T AFFECT THE FUTURE DEVELOPMENT OF THE NORTH DOWN ZONING A PROPERTY.
I, I JUST CAN'T BE SUPPORTIVE OF THAT, EVEN IF IT IS, EVEN IF WE POSTPONE FOR TWO WEEKS.
SO THAT I'LL BE VOTING NO ON THIS.
SPEAK AGAINST, OH, COMMISSIONER, SHE, I'M SORRY.
SO, UM, I THINK COMMISSIONERS ZA YOU KNOW, I MEAN, I THINK THE CONSIDERATION WITH, YOU KNOW, WHAT COMMISSIONER THOMPSON WAS CON UH, CONCERNED ABOUT THE COMPATIBILITY.
I MEAN, IF THAT IS SOMETHING THAT, YOU KNOW, AGAIN, IT'S SOMETHING THAT WE'VE GRAPPLED WITH ALL THE TIME, ESPECIALLY WHEN WE HAVE RESIDENCES THAT ARE TRIGGERING COMPATIBILITY SO CLOSE TO CERTAIN CORRIDORS OR EVEN, UM, CERTAIN, YOU KNOW, CITY CENTERS, CERTAIN, CERTAIN THINGS LIKE THAT.
BUT IF WE HAD A BETTER CODE, THEN WE CAN STILL ALLOW THIS TO EXIST AND STILL NOT HINDER THE DEVELOPMENT THAT WANTS TO BE THERE.
SO IF THERE IS POTENTIALLY A WAY THAT WE COULD CONSIDER ALLOWING THE DEVELOPMENT TO CONTINUE, BECAUSE I MEAN, THIS IS DISRUPTED TO THE PATTERN THAT WANTS TO BE THERE RIGHT NOW.
IF THERE'S A WAY TO ALLOW THE PATTERN A DEVELOPMENT CONTINUE WITH WHAT'S EXISTING TO ZONING IS THERE, THEN I'D BE WILLING TO LISTEN.
YOU KNOW, I, I THINK, I THINK THAT WOULD BE GOOD.
THEN EVERYBODY CAN GET WHAT THEY WANT.
SO, UM, I'D BE SUPPORTIVE ON THIS.
OKAY, COMMISSIONER TO SPEAKING AGAINST THE MOTION TO POSTPONE COMMISSION.
OH, COMMISSIONER MS. TELLER, WHEN WE LOOKED AT THE, UM, THE AERIAL AND THE ZONING, AND I WISH WE COULD PULL THAT BACK UP, IT LOOKED LIKE THERE WERE OTHER PROPERTIES ACROSS THE STREET.
THERE ARE ALREADY SF THREE AND WE WERE GONNA ALREADY HIT COMPATIBILITY BASED ON THOSE PROPERTIES AND NOT NECESSARILY THE ZONING ON THIS PROPERTY FOR ANY OF THE, UM, YOU KNOW, WHERE, WHERE WE WOULD EXPECT TO SEE DENSITY THAT'S ALREADY GONNA KICK IN.
SO TO COMMISSIONER ANDERSON'S POINT, THERE HAS TO BE SOME LARGER CHANGE THAT ALLOWS US TO BRING IN THE INFILL WHERE IT NEEDS TO BE.
UM, AS FAR AS THE STR STUFF, I'M VERY SYMPATHETIC TO THE FOLKS THAT ARE IN THAT NEIGHBORHOOD.
AND AGAIN, THAT SPEAKS TO ANOTHER THING THAT
[00:45:01]
NEEDS TO BE ADDRESSED AT A COUNCIL LEVEL BECAUSE THE PROCESS FOR STR IS, UM, WICKEDLY NOT REGULATED AND IN FAVOR OF COMMERCIAL INDUSTRY AND NOT AFFORDABLE HOUSING FOR PEOPLE WHO NEED PLACES TO LIVE.BUT THAT'S A DIFFERENT ISSUE ENTIRELY.
SO I'M NOT SURE THAT POSTPONING DOES IT, AND I FEEL THAT THAT'S KIND OF, I APPRECIATE WHAT WE'RE TRYING TO DO, BUT I RATHER SEE US, I'D RATHER BRING THE MOTION FORWARD AGAIN AND LET IT GO BECAUSE YOU'VE ALREADY GOT THE COMPATIBILITY THERE.
YOU'RE NOT GETTING OUT OF IT WITH THE OTHER PROPERTIES THAT ARE ALREADY THAT CLOSE IN PROXIMITY.
WOULD THAT BE A SUBSTITUTE MOTION OR NO? YOU, YOU WERE AT THE POINT, UH, YOU COULD MAKE A SUBSTITUTE MOTION.
SO I'LL I'LL PUT IT OUT THERE FOR CONSIDERATION BECAUSE OF THAT FACT THAT YOU'RE ALREADY, THAT NOTHING WE DO ON THIS PROPERTY IS GONNA TRIGGER THE COMPAT IS GONNA FIX THAT COMPATIBILITY ISSUE, THEN I WOULD PUT BACK ON THE TABLE FOR THE OTHER FOLKS TO CONSIDER TO LET THE APPLICANT HAVE WHAT THEY'RE ASKING FOR ON THE SF THREE.
BECAUSE THIS PROPERTY ALONE ISN'T TRIGGERING IT.
THE ONE ACROSS THE STREET ALREADY IS, OKAY.
WAIT, I THOUGHT, UM, WE ALREADY VOTED THAT DOWN.
WE, WE DID NOT,
SORRY, I DON'T HAVE A DIFFERENT MOTION THEN.
SOMEBODY SMARTER THAN ME HAS TO COME UP WITH A DIFFERENT MOTION.
WE ONLY GOT SIX VOTES ON THAT ONE.
UH, COMMISSIONER ANDERSON NOT SPEAKING AGAINST FOUR, FOUR POSTPONEMENT.
OKAY, SO I'M, I'M, I APPRECIATE COMMISSIONERS ARE DOING THIS.
UM, AND I LIKE THE IDEA OF POSTPONING IF, IF NOTHING ELSE, THEN JUST TO LEARN FROM THIS PROCESS AND WHAT WE'RE ABOUT TO GO THROUGH.
UM, IT SEEMS TO ME TWO AMAZING THINGS THAT COULD HAPPEN WITH COMPATIBILITY.
ONE, AN EASY WAY FOR PROPERTY OWNERS TO DROP COMPATIBILITY ON THEIR PROPERTY FROM AFFECTING OTHERS THAT WOULD BE A POWER FOR THEM AND SOMETHING WE DON'T ALLOW TO EASILY DO.
AND SO I'D LIKE, I'M EXCITED TO SEE WHAT COMES BACK TO US.
AND THEN TWO, WE STILL SAY HOUSING CAN BE INCOMPATIBLE WITH HOUSING AND IT'D BE AMAZING IF WE DIDN'T SAY THAT.
SO THAT WON'T HAPPEN WITH THIS CASE, BUT TWO THINGS TO CONSIDER, BUT I'M EXCITED TO SEE THIS COME BACK AND LEARN FROM IT.
ALL RIGHT, WE GOT ONE MORE SPOT FOR ANYONE SPEAKING AGAINST THIS COMMENT,
SO THIS IS A MOTION BY COMMISSIONER DESAR, SECTIONED BY COMMISSIONER SCHNEIDER TO POSTPONE THIS CASE TO OUR NEXT EXPLAINING COMMISSION MEETING OCTOBER 25TH.
SO LET'S GO THOSE ON THE DIAS FIRST IN FAVOR OF POSTPONEMENT.
UH, THAT'S FOUR THOSE, UH, ON THE SCREEN IN FAVOR OF POSTPONEMENT.
ALL RIGHT, THAT'S THREE THOSE AGAINST THIS MOTION.
UH, PLEASE RAISE YOUR HAND ON THE DIAS AND ON THE SCREEN IT'S GIMME ONE MOMENT.
AND THOSE THAT ARE ABSTAINING FROM THIS ITEM.
SO THAT, UH, LEMME GET MY, THAT 7 3 1.
THIS'LL BRING BACK TO US ON THE 25TH OF OCTOBER.
IT'S GONNA MOVE TO OUR NEXT CASE.
[19. Historic zoning: C14H-2022-0073 - Westgate Tower; District 9]
WE HAVE, UM, I BELIEVE, UH, ITEM 19, THE HISTORIC ZONING CASE.FIRST, GOOD EVENING COMMISSIONERS, CALLEN CONTRERA HOUSING AND PLANNING.
UH, THANK Y'ALL FOR REVISITING THIS CASE WITH US TONIGHT.
ITEM 19 C 14 H 20 22 0 0 7 3 IS AN OWNER INITIATED HISTORIC ZONING CASE AT 1122 COLORADO.
IT'S COME BEFORE THIS COMMISSION A NUMBER OF TIMES SINCE AUGUST.
SO I'LL JUST GIVE A BRIEF RECAP.
UM, STAFF AND HISTORICALLY LANDMARK COMMISSION RECOMMENDATIONS BACK IN 2012 AND TODAY ARE TO APPROVE THE REQUEST BASED ON THE BUILDING'S QUALIFICATIONS FOR DESIGNATION UNDER THE CRITERIA FOR ARCHITECTURE AND HISTORICAL ASSOCIATIONS, AS WELL AS FOR ITS INDIVIDUAL LISTING AND THE NATIONAL REGISTER OF HISTORIC PLACES IN ACCORDANCE WITH CODE SECTION 25 2 3 52 A THREE A.
UH, WE DO HAVE RESPONSES FOR SOME OF THE COMMISSION INQUIRIES.
FROM SEPTEMBER, UH, STAFF REACHED OUT TO TCAD AND THE LAW DEPARTMENT.
WE MET WITH APPRAISAL DISTRICT REPRESENTATIVES TO SEE IF THEY COULD PROVIDE, UH, THE TAX EXEMPTION ESTIMATES FOR THE WESTGATE AND THE PROGRAM AS A WHOLE.
UM, THEY WEREN'T ABLE TO PROVIDE ALL OF THE CALCULATIONS TO US, UH, WHICH INCLUDES THE CAPPED HOMESTEAD CALCULATIONS.
UH, BUT WE DO HAVE IS IN YOUR BACKUP.
STEPH ALSO REACHED OUT TO LAW DEPARTMENT REGARDING, UM, AN INQUIRY ABOUT ALTERNATIVES TO, UH, ZONING THE ENTIRE BUILDING HISTORIC.
UM, THE RESPONSE WAS, UNFORTUNATELY, THAT CODE DOES NOT ALLOW FOR REZONING PORTIONS OF THE PROPERTY, UH, TO CIRCUMVENT THE TAX EXEMPTION AND THAT THE CITY CANNOT PREVENT A PROPERTY OWNER FROM APPLYING TO THE COUNTY ADMINISTERED PROGRAM.
[00:50:01]
UM, I WOULD LIKE TO MENTION ALSO THAT THE UPCOMING EQUITY BASED PRESERVATION PLAN WILL ADDRESS THE EXEMPTION PROGRAM IN OTHER INCENTIVES, UM, INTENSIVE OUTREACH IN A PUBLIC COMMENT PERIOD, AS IN THE WORKS GONNA START THIS WINTER AND, UH, TRAVEL INTO 2023.SO PLEASE KEEP AN EYE OUT, UH, IF YOU'RE INTERESTED IN THE DRAFT PLAN.
UM, AND THIS CONCLUDES THE STAFF PRESENTATION, UM, AVAILABLE FOR QUESTIONS.
WILL NOW HEAR FROM THE APPLICANT, MR. BRIAN EVANS.
MR. EVANS, YOU'LL HAVE FIVE MINUTES COMMISSIONERS.
THANK YOU FOR GIVING ME THE OPPORTUNITY TO SPEAK TO YOU AGAIN.
AT OUR AUGUST MEETING, I WAS ABLE TO TELL YOU ABOUT THE WONDERFUL WORK THAT THE WESTGATE HAS BEEN INVOLVED IN FIVE DECADES.
WE'VE BEEN TAKING METICULOUS CARE TO MAINTAIN THIS HISTORIC STRUCTURE IN GETTING TO SPEAK WITH YOU.
LAST TIME I CAME AWAY WITH A SHARED SENSE OF PURPOSE THAT PRESERVING THIS LANDMARK IS IMPORTANT AND THAT THE COMMISSIONERS WOULD LIKE TO ENSURE IT'S CONTINUED PRESERVATION.
WITH YOUR HELP, WE WILL ENSURE THAT THIS HAPPENS.
HOWEVER, I FEEL AS THOUGH WE HAVE GOTTEN SIDETRACKED WITHOUT ANY ASSISTANCE FROM TCAT.
I PRODUCED A COST ESTIMATE FOR THE COMMISSION AND THAT BECAME ALMOST THE SOLE FOCUS OF THE CONVERSATION.
RESPECTFULLY, THE CONVERSATION NEEDS TO BE ON WHETHER WESTGATE MEETS THE CRITERIA OF THE PROGRAM, AND THAT IS A RESOUNDING YES, WHICH I HAVE CONFIRMED WITH CITY STAFF.
WE HAVE TWO OTHER HISTORICAL DESIGNATIONS, IMMACULATE ARCHITECTURAL MAINTENANCE, HISTORICAL PROMINENCE, AND ARCHITECTURAL SIGNIFICANCE.
TODAY, I MUST RESPECTFULLY AS POSSIBLE PUSH BACK AGAINST THE COMMISSION.
PLEASE TELL ME WHICH PART OF THE PROGRAM W WESTGATE IS NOT IN COMPLIANCE WITH, RATHER, I WAS SURPRISED AT OUR LAST MEETING TO HEAR THAT THE WESTGATE NEEDS TO WORK WITH CITY ATTORNEYS TO FIGURE OUT HOW TO TAKE ON ALL THE HURDLES, ADDITIONAL PERMITTING, APPROVALS, INSPECTIONS, AND WORK THAT WILL COST THE WESTGATE AND TIME AND MONEY FOR THE SOLE PURPOSE OF NOT RECEIVING THE BENEFITS OF THE PROGRAM FOR WHICH THERE WAS NO PRECEDENCE.
WE ARE HERE TO ASK FOR YOUR, WE ARE NOT HERE TO ASK FOR SPECIAL TREATMENT.
IN FACT, EXACTLY THE OPPOSITE.
WE ASK YOU TO TREAT US AS THE OVERQUALIFIED APPLICANT THAT WE ARE.
I DID NOT HEAR ANYONE LAST MEETING SAY THAT THE WESTGATE SHOULD BE ANY OTHER STRUCTURE OTHER THAN WHAT IT CURRENTLY IS.
THERE IS NO PUSH FROM THE CITY TO MAKE THE BUILDING TALLER OR INTO A UNIVERSITY OR DAYCARE OR SOME OTHER USE.
I BRING THIS UP BECAUSE WHAT I'M ASKING FOR THE ZONING COMMISSION IS TO DETERMINE THE ELIGIBILITY OF THE BUILDING OR THE ELIGIBILITY OF THE BUILDING ACCORDING TO THE REQUIREMENTS WHICH WE FAR EXCEED.
AND IF THE COMMUNITY WOULD BE BETTER SERVED, IF THIS BUILDING WAS USED AS ANOTHER STRUCTURE.
REASON OF WHICH I'VE HEARD NO MENTION AS THERE'S BEEN NO MENTION OF AN FROM THE CITY ABOUT REDEVELOPMENT, I MUST ASSUME THAT THIS IS NOT BEING CONTESTED BECAUSE THERE WAS NO DISCUSSION ON WESTGATE'S ELIGIBILITY.
I MUST ASSUME THAT THIS IS NOT BEING CONTESTED.
I MUST ALSO ASSUME THAT IT IS AN UNCONTESTED BECAUSE OF THE UNANIMOUS RECOMMENDATION BY STAFF, THE HISTORICAL COMMISSION, AND NOW HAVING PASTOR REVIEW BY CITY LEGAL.
WE ARE NOT ASKING FOR SPECIAL TREATMENT, RATHER EQUAL TREATMENT.
THE PROGRAM HAS BEEN IN PLACE SINCE THE 1970S AND WAS REDESIGNED AS RECENTLY AS 2012.
IF THERE'S AN ISSUE WITH THE PROGRAM, THEN BY ALL MEANS ADDRESS THAT ISSUE WITH THE PROGRAM.
BUT DON'T PENALIZE THE APPLICANT FOR ISSUES WITH THE PROGRAM BECAUSE WE ARE NOT HERE TO CHANGE CITY CODE THE TO CHANGE CITY CODE THIS EVENING.
AND I HAVE NOT HEARD MENTION OF ANY CRITERIA THAT ARE NOT MET BY WESTGATE.
WE WOULD GREATLY APPRECIATE YOUR VOTE IN THE AFFIRMATIVE, BUT I WOULD CHALLENGE ANY DISSENTING VOTES TO SAY WHAT CRITERIA ARE UNMET TONIGHT.
YOU'LL ALSO GET TO HEAR FROM SOME OF THOSE THAT CALL WESTGATE HOME AND WHAT IMPORTANCE THIS HISTORIC STRUCTURE HAS PLAYED IN THEIR LIVES.
THANK YOU ALL AGAIN FOR YOUR TIME AND FOR HELPING US TO PROTECT THIS TRULY WONDERFUL AND UNIQUE OLD AUSTIN STRUCTURE.
WE'LL NOW HEAR FROM MS. MARIE WILTZ, FOLLOWED BY RICHARD LYONS.
MISS WILTZ, YOU'LL HAVE THREE MINUTES.
THE WESTGATE IS A REAL GEM OF OLD AUSTIN THAT HOLDS SO MUCH HISTORY.
HAVING GROWN UP IN TEXAS, ITS HISTORICAL ROOTS IS ONE OF THE REASONS I BOUGHT IN THE BUILDING VERSUS DOWNTOWN, MORE LIKE ON SECOND STREET, TO LIVE IN ONE OF THOSE NEWER BUILDINGS THAT TRULY FEELS MORE LIKE NEW YORK AND CALIFORNIA RATHER THAN TEXAS.
UM, AND IN FACT, I'M, I LOVE IT SO MUCH.
I LOVE THE HISTORY THAT WHEN YOU'RE WALKING THROUGH THE BUILDING, YOU CAN LITERALLY FEEL HISTORY IN YOUR BONES.
SO MUCH TO THE DEGREE THAT THE UNIT I ACTUALLY BOUGHT IS AN UN IT'S ESSENTIALLY UNTOUCHED.
IT'S BEEN REPAIRED OVER THE YEARS, BUT IT REALLY WAS UN IS UNTOUCHED.
SO IT'S ALMOST LIKE AN EIGHTIES GEM.
AND I CAN'T, I, I LOVE THE HISTORY SO MUCH.
I CAN'T BRING MYSELF TO EVEN THINK ABOUT RENOVATING IT AS MUCH AS LIKE AN EIGHTIES KITCHEN.
THE SIZE OF IT DRIVES ME A LITTLE BIT
[00:55:01]
CRAZY, BUT I I, I STILL CAN'T RENOVATE IT.UM, SO THE WESTGATE BECOMES EVEN MORE SPECIAL AS THE CITY EVOLVES AND UNLIKE EVERYTHING NEW, YOU CAN'T JUST REPLICATE THE WESTGATE.
AGAIN, GOING BACK TO THE HISTORICAL ROOTS THAT I WAS TALKING ABOUT, OLDER BUILDINGS OBVIOUSLY COST SO MUCH TO MAINTAIN, AND QUITE FRANKLY, IT'S SAD TO SEE AUSTIN'S HISTORY AND ROOTS ERASED WHEN OLDER BUILDINGS HAVE TO BE TAKEN DOWN.
WE NEED TO PRESERVE THE WESTGATE SO THAT ALL OF AUSTIN CAN ENJOY THIS MID-CENTURY MODERN STRUCTURE AND LEARN ABOUT ITS HISTORY AND REALLY OUR STATE'S HISTORY.
I ASK THAT THE COMMISSION APPROVE OUR APPLICATION BASED ON THE MERITS OF THE BUILDING AND ALL THE OTHER CRITERIA WE MEET SO THAT WE CAN CONTINUE TO PRESERVE AND TREASURE A PIECE OF AUSTIN HISTORY.
KEEP AUSTIN WEIRD AND THAT WE CAN CONTINUE TO CALL IT HOME.
WHEN I'LL HEAR FOR MR. RICHARD LYONS, FOLLOWED BY DOUGLAS MOSS.
I'M A RESIDENT OF THE WESTGATE BUILDING AND I FEEL VERY FORTUNATE TO LIVE IN SUCH A, A FINE STRUCTURE AND TO LIVE IN SUCH A HISTORIC NEIGHBORHOOD.
I ENJOY WAKING UP AND LOOKING AT THE CAPITAL AND WALKING BY THE GOERS MANSION AND THE OTHER HISTORIC BUILDINGS IN THE AREA.
I REALLY CAN EXPAND ON WHAT THE PREVIOUS SPEAKERS HAVE STATED, BUT I DO ENCOURAGE YOU TO VOTE TO APPROVE THE ZONING AS HISTORIC BECAUSE THE BUILDING QUALIFIES.
YOU HAVE OTHER ISSUES THAT ARE MOSTLY WITH THE PROGRAM AND I WOULD ENCOURAGE YOU THROUGH COST BENEFIT ANALYSIS OR OTHER, TO OTHER TOOLS TO EVALUATE THE PROGRAM.
BUT, YOU KNOW, DON'T DISADVANTAGE THE OWNERS OF THE WESTGATE WHY, WHY YOU DECIDE WHAT TO DO.
AGAIN, I ENCOURAGE YOU TO VOTE TO APPROVE THE HISTORIC ZONING FOR THIS VERY HISTORIC BUILDING.
YOU KNOW, FOLLOW THE LEAD OF THE TEXAS HISTORIC COMMISSION, THE AUSTIN HISTORIC COMMISSION AND THE PARK SERVICE, WHO HAVE ALL YOU KNOW, SAID THIS IS A HISTORIC PLACE.
IT NEEDS TO BE PRESERVED AND THE OWNERS, YOU KNOW, BEAR THE BURDEN OF MAINTAINING THIS BUILDING.
THANK YOU SO VERY MUCH AND APPRECIATE YOUR TIME.
WILL NOW HEAR FROM MR. DOUGLAS MOSS.
MR. MOSS, YOU'LL HAVE THREE MINUTES.
MY, UH, ED MY HOME IN THE WESTGATE ABOUT TWO AND A HALF YEARS AGO, AND IT'S REALLY, UH, QUITE AN AMAZING COMMUNITY OF RESIDENTS.
UH, ONE OF THE UNIQUE COMPONENTS ABOUT OUR BUILDING THAT VERY FEW PEOPLE KNOW IS THAT THE APARTMENTS ARE VERY MODEST.
THERE ARE OVER 10, OR THERE ARE 10 APARTMENTS ON EVERY FLOOR OF THE BUILDING.
THEY RANGE ANYWHERE FROM 350 SQUARE FEET TO 1100 SQUARE FEET.
UM, AND I'M AN ARCHITECT AND I WORK IN DOWNTOWN AUSTIN.
I GET THE OPPORTUNITY TO WALK TO WORK EVERY DAY.
IN FACT, I ONLY, UH, GET TO DRIVE MY CAR ABOUT ONCE A WEEK BECAUSE OF THE URBAN LIFESTYLE THAT I'M ABLE TO LIVE BY BEING AS A RESIDENT IN THE, IN THE WESTGATE.
I HAVE A GREAT AFFINITY OF BUILDINGS THAT WERE BUILT IN THE SIXTIES, UH, NOT ONLY BECAUSE THEY'RE, UH, CONSIDERED HISTORIC, BUT THEY REPRESENT AN EXTRAORDINARY PERIOD IN OUR COUNTRY'S HISTORY.
UH, THIS IS PARTICULARLY TRUE OF THE WESTGATE, UH, AND ITS PLACE IN THE HISTORY OF AUSTIN, IN THE HISTORY OF TEXAS AND IN THE HISTORY OF THE CAPITAL VIEW QUARTERS THAT IT HELPED CREATE.
AND THE AMAZING STORY BEHIND THAT, IN MY ARCHITECTURAL PRACTICE, AND I DO A LOT OF RESTORATION WORK, I HAVE BEEN INVOLVED IN SO MANY PROJECTS WHERE BUILDING OWNERS WERE FIGHTING AGAINST HISTORIC DESIGNATIONS.
THEY DIDN'T WANT TO MAINTAIN THE BUILDINGS, THEY DIDN'T WANT TO MAINTAIN THE ARCHITECTURAL SIGNIFICANCE OF THEIR BUILDINGS.
AND IT'S, AS YOU WELL KNOW, QUITE A RARITY TO BE ABLE TO MAIN, TO BE ABLE TO HAVE A BUILDING TENANTS, TO HAVE THE MANAGEMENT, TO HAVE THE OWNERSHIP THAT IS INTERESTED AND INVOLVED IN MAINTAINING THE HISTORIC BUILDING AND, UH, THE IMPORTANCE OF THOSE HISTORIC BUILDINGS.
LIKE WE ARE FORTUNATE TO HAVE IN THE WESTGATE.
WE SPEND AN ENORMOUS EFFORT AND TIME ON THE ARCHITECTURAL COMMITTEE FOR THE WESTGATE AS WELL.
AND WE SPEND AN ENORMOUS AMOUNT OF TIME AND ENERGY AND MONEY
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TRYING TO MAINTAIN THIS HISTORIC BUILDING.I STRONGLY ENCOURAGE YOU TO VOTE IN SUPPORT OF DESIGNATING THE WESTGATE, AND I APPRECIATE YOUR TIME AND YOUR ENERGY THIS EVENING.
WHEN I'LL HEAR FROM THE OPPOSITION, MR. RICHARD HARDEN.
MR. HARDEN, YOU'LL HAVE FIVE MINUTES.
I'VE HEARD A COUPLE OF THINGS FROM THIS DIAS THIS EVENING.
ONE THAT THE OWNERS HAVE FILED AN APPLICATION AND SUPPORT THIS ZONING.
I'VE HEARD IT FROM STAFF AND I'VE HEARD FROM THE APPLICANT AND SOME OF THESE CONDO OWNERS.
THE FACT OF THE MATTER IS I'VE BEEN THROUGH ALL THE BACKUP HUNDREDS OF PAGES AND YOU'VE SEEN THE LETTER FROM MY ATTORNEY.
I DON'T FIND WHERE A SINGLE OWNER HAS SIGNED AN APPLICATION TO ZONE THEIR PROPERTY.
THERE'S 102 OWNERS, THE APPLICATION IS INACCURATE, IT'S INCOMPLETE, IT IS SIGNED BY AN A, AN AGENT WHO REPRESENTS AND WAS AUTHORIZED BY THE HOMEOWNER'S ASSOCIATION.
THE OWNER'S SIGNATURES ARE REQUIRED ON EACH APPLICATION FOR ZONING OF THE 102 OWNERS THAT EACH, EACH ONE HAS A DEED AND ON THEIR DEED EACH HAS A PERCENTAGE OF COMMON AREA.
SO THEY OWN THE CONDO AND A PERCENTAGE OF COMMON AREA ON THEIR DEED.
THE ZONING CHANGE REVIEW SHEET FALSELY SAYS THAT PRESENT OWNERS WESTGATE CONDOM, MANY MOST ASSOCIATION IS THE OWNER.
THERE'S NO DOCUMENTATION SHOWING THE OWNERS OF THE 102 INDIVIDUAL PARCELS ARE APPLYING FOR ZONING.
EACH OWNER IS SUPPOSED TO BE PROVIDED A STATEMENT IS REQUIRED BY LOCAL GOVERNMENT CODE DESCRIBING THE IMPACT OF HISTORIC DESIGNATION ON THE OWNER'S PROPERTY.
AND THIS, THIS NOTICE IS SUPPOSED TO BE SENT 15 DAYS BEFORE THE FIRST HEARING.
THAT ALONE IS SUFFICIENT GROUNDS TO DENY THE APPLICATION.
WE HAVE AN APPLICATION THAT HAS NON-COMPLIANCE WITH STATE LAW AND THE, THE REASON FOR THAT IS THE CITY COUNCIL NEEDS TO DESIGNATE A COMMISSION WITH SOLE AUTHORITY.
THAT WAS A STATE LAW PASSED IN SEPTEMBER OF LAST YEAR.
I CAN CITE IT FOR YOU, BUT IT'S, IT'S IN MY, IT'S IN MY MATERIAL I'VE SENT YOU.
THERE'S NO TAX CERTIFICATES THAT HAVE BEEN SENT OR FILED IN THE BACK FOR THE 102 OWNERS.
SO WE FOUND TWO WITH, AND WE ONLY LOOKED THROUGH A HALF A DOZEN OF THESE, OF THESE, UH, TAX, UM, PAYMENTS WITH THE UM, TRAVIS COUNTY, UH, TAX COLLECTOR THAT ARE NOT CURRENT, THAT'S NOT COMPLIANT WITH A APPLICATION THAT MEETS THE TEST OF BEING HEARD BY A COMMISSION FOR ZONING.
YOU HAVE TO HAVE YOUR TAXES FULLY PAID.
SO THE, THE OWNERS OF THE WESTGATE TOWER HAVE NOT SIGNED THE APPLICATION.
THEY HAVE NOT AUTHORIZED THIS AGENT.
THERE'S NO DEEDS FOR THESE 102 OWNERS.
THERE'S A DEED FOR THE LAND, ONLY THE LAND.
SO WHY IS THIS APPLICATION, WHICH IS EXPECTING A MASSIVE TAX BREAK BEING PROCESSED IN VIOLATION OF STATE LAW AND CONTRARY TO NORMAL APPLICATION REQUIREMENTS OF THE CITY.
THE LANDMARK COMMISSION SHOULD NOT HAVE APPROVED THIS APPLICATION.
AND YOU KNOW, I'M WONDERING IF I WERE ON THAT COMMISSION AND I LOOKED AT THIS APPLICATION, I WOULD HAVE THE IMPRESSION THAT THE BUILDING THE LAND, THE COMMON AREA WAS WHAT WAS BEING MADE, UH, BEING ASKED FOR HISTORIC ZONING, NOT EACH INDIVIDUAL CONDOMINIUM.
SO I DON'T KNOW IF THE LANDMARK COMMISSION WAS CONFUSED BY THE FACT THAT THE APPLICATION IS FLAWED OR NOT.
WE'VE NOT HEARD ANY ARGUMENTS FROM EITHER THE APPLICANT OR ANY OF THESE HIGH RISE CONDOMINIUM OWNERS EXPLAINING THE PUBLIC BENEFIT OF GIVING THEM OVER $600,000 IN TAX RELIEF AS OPPOSED TO THE ENTITIES THEY'RE TAKING THAT FROM, WHICH IS OUR SCHOOL KIDS, A I S D, CENTRAL HEALTH, OUR, OUR HEALTH, UH, OF TRAVIS COUNTY, TRAVIS COUNTY ITSELF, CITY OF AUSTIN.
WE HAVE PRESSING NEEDS AND SOME OF YOU HAVE SPOKEN TO
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THOSE NEEDS.HOMELESS AFFORDABILITY, YOU'RE TAKING MONEY AND GIVING IT TO A HIGH RISE.
IF YOU ZONE THE CONDOMINIUMS AS WELL, INSTEAD OF JUST THE COMMON AREA, YOU HAVE THE POWER TO RECOMMEND A HISTORIC ZONING IN A HISTORIC TAX EXEMPTION ONLY FOR THE COMMON AREA, WHICH IS THE LAND, THE EXTERIOR OF THE BUILDING AND ALL THE COMMON AREA PARTS OF IT.
AND THAT'S AN EASY CALCULATION FOR TCA TO MAKE CUZ IT'S ON EACH DEED THEY'VE ALREADY TOLD US THEY CAN DO IT.
TO INCLUDE THE INDIVIDUAL CONDOS IN A TAX EXEMPTION SERVES ABSOLUTELY NO PUBLIC BENEFIT.
AND IT MORE IMPORTANTLY, IT DOESN'T SERVE ANY PRESERVATION PURPOSE.
SO I AGREE WITH THE CAP APPLICANT.
I'M NOT HERE TO OPPOSE THE ZONING OF THE COMMON AREA OR THE LAND OF THE BUILDING.
IT'S THE INDIVIDUAL CONDOS THAT HAVE NO PUBLIC PURPOSE.
WE'LL NOW HEAR FROM THE APPLICANT FOR A THREE MINUTE REBUTTAL.
AFTER OUR LAST MEETING, MR. HARDEN'S CONCERNS WERE SENT TO CITY LEGAL.
I PROVIDED SOME ADDITIONAL DOCUMENTATIONS TO LEGAL AND WE WERE APPROVED TO PROCEED RESPECTFULLY TO MR. HARDEN.
I CAN SAY THAT HE CAN SAY THAT WE DO NOT QUALIFY OR WE NOT HAVE NOT MET THE QUALIFICATIONS OF THE PROGRAM.
BUT THAT IS JUST SIMPLY NOT TRUE.