* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [Call to Order] [00:00:03] ALL RIGHT. IT IS 6 0 8 AND ON FEBRUARY 7TH, 2023. I'M GONNA CALL THIS MEETING OF THE ZONING AND PLANNING COMMISSION TO ORDER. FIRST THING I'M GONNA DO IS CALL THE ROLL. UH, COMMISSIONER ACOSTA. NOT HERE. I'M HERE. BA ARM RAMIREZ. COMMISSIONER BOONE. COMMISSIONER DINKLER. PRESENT. COMMISSIONER FUSE? NOT HERE. COMMISSIONER GREENBERG? HERE. COMMISSIONER KING. I SEE YOU. ARE YOU, UM, COMMISSIONER KING? ARE YOU HERE? ARE MUTED. HE CAN'T SEEM TO HEAR US. WELL, HE'S THERE. COMMISSIONER KOBASA HERE. COMMISSIONER SMITH HERE. COMMISSIONER STERN? HERE. COMMISSIONER THOMPSON HERE. OKAY, GREAT. SO WE DON'T HAVE ANY PUBLIC COMMUNICATION. UM, ANY CHANGES TO THE MINUTES FROM JANUARY 17TH? HEARING NONE, [Consent Agenda] I'M GONNA MOVE ON TO THE CONSENT AGENDA. ITEM NUMBER TWO C 14 20 22. 1 42 BURG'S PROPERTY. UM, IT'S THE NEIGHBORHOOD IS SEEKING A POSTPONEMENT UNTIL FEBRUARY 21ST. ITEM THREE C 14 20 22, 113, UM, IS ON THE CONSENT AGENDA. RECOMMENDED, UH, ITEM FOUR C 14 20 22, 0 1 68 JOLLYVILLE OAK LIQUOR CABINET IS UP FOR DISCUSSION. ITEM FIVE C 14 20 22 0 110 76 0 5. ALBERT ROAD STAFF IS SEEKING POSTPONEMENT UNTIL FEBRUARY 21ST. ITEM SIX C 14 20 22 0 1, 0 76 0 6 ALBERT ROAD. THE APPLICANT IS SEEKING INDEFINITE POSTPONEMENT, INFINITE INDEFINITE POSTPONEMENT. ITEM SEVEN C 14 20 22 0 1 70. DESAL RIDGE DEVELOPMENT HAS BEEN PULLED FOR DISCUSSION. ITEM EIGHT C 8 20 21 67 DO OH EIGHT BLACKWOOD SUBDIVISION IS RECOMMENDED WITH CONDITIONS AS LISTED IN EXHIBIT C, ITEM NINE C 8 20 15, 1 65 0 8. UH, BRISTOL SUBDIVISION IS RECOMMENDED AND IS ON THE CONSENT AGENDA. ITEM NUMBER 10 C 8 20 18 0 1 71 0.2 A SH GOODNIGHT RANCH, PHASE TWO EAST IS RECOMMENDED WITH CONDITIONS. UM, ITEM 11 C, HJ 20 22 0 3 1 10 0 8. AUSTIN HILLS INDUSTRIAL PARK IS RECOMMENDED WITH CONDITIONS AS SHOWN IN EXHIBIT C, ITEM 12 C 8 20 19 0 0 5 7 2 A PEARSON RANCH, PHASE TWO, FINAL PLAT IS, UH, RECOMMENDED WITH CONDITIONS ITEM 13 C 8 20 19 0 57, 3 A PEARSON RANCH. PHASE TWO B, FINAL PLAT IS ALSO RECOMMENDED WITH CONDITIONS. UM, ITEM 14 C 8 20 22, 0 2, 67 OH. A RE DIVISION OF LOT ONE A IS DISAPPROVED RECOMMENDED FOR DISAPPROVAL FOR REASONS AS SHOWN IN EXHIBIT C. SO, TO, GO AHEAD. GO AHEAD. UM, MA'AM, I'M HOPING, UM, MADAM CHAIR, WE CAN KEEP, UH, THIS ON THE CONSENT AGENDA. WHICH ONE? UH, THIS IS ITEM SEVEN. UM, I'D LIKE TO PUT A UNIT CAP OF 58 UNITS ON THAT, UH, REZONING. THE APPLICANT HAS AGREED TO IT AND IS AVAILABLE BY ZOOM. IF, IF SOMEONE NEEDS TO CONFIRM, CAN WE ADD THAT AS A RESTRICTIVE COVENANT? PARDON ME? CAN WE ADD THAT AS A RESTRICTIVE COVENANT? UH, WE CAN'T DO IT AS A RESTRICTIVE COVENANT, BUT WE CAN DO IT AS, AS A CO. OKAY, THAT'S FINE. I DID, I'M GONNA BE TOTALLY HONEST. I DID NOT REVIEW THIS CASE, AND SO I DON'T KNOW ENOUGH ABOUT IT TO SAY WHETHER OR NOT 58 SOUNDS GOOD. SO HE WAS ORIGINALLY PROPOSING, UM, IT'S 46. 46. OKAY. AND I TALKED TO HIM AND SAID, WOULD YOU AGREE TO THAT LIMIT? AND HE SAID HE'D LIKE THE FLEXIBILITY OF 56, UH, MF THREE WOULD ALLOW, UH, UP TO 77 UNITS, OKAY? MM-HMM. , IT'S CRO, UH, BY THREE SCHOOLS. OKAY. AND IT, THE ROAD THAT CUL-DE-SAC THAT IT'S ON HAS ISSUES WITH PARKING. UH, SO IT FUNCTIONS MORE LINED UP TWO-LANE ROAD THAN A FOUR. YEAH, I WAS GONNA, WHICH SEEMS, WELL ANYWAY, I, I FEEL MORE COMFORTABLE DISCUSSING IT CUZ WE'RE ALREADY GOING BACK AND FORTH AND, OKAY. LET'S DISCUSS. SO I'M GONNA KEEP IT PULL. SO PULL, OKAY, SO, SO GO OVER IT. WE ARE, UM, ITEM TWO IS SEEKING POSTPONEMENT UNTIL I, ITEM 2, 5, 2 AND FIVE ARE SEEKING POSTPONEMENT UNTIL FEBRUARY 21ST. ITEM THREE IS CONSENT, FOUR IS DISCUSSION. SIX IS INDEFINITE POSTPONEMENT, SEVEN IS DISCUSSION EIGHT, 10 THROUGH 13 ARE RECOMMENDED WITH CONDITIONS. NINE IS CONSENT [00:05:01] AND 14 IS DISAPPROVAL. FOR REASONS AS SHOWN, MAKE A MOTION TO COUNSEL THE PUBLIC HEARING AND APPROVE THE AGENDA. CLOSE, CLOSE , CLOSE THE PUBLIC HEARING. SORRY. APPROVE THE CONSENT AGENDA AS READ, INCLUDING THE MINUTES. OKAY. SECOND. OKAY. ALL THOSE IN FAVOR OF THE MOTION. THANK YOU. THAT LOOKS UNANIMOUS. SO WE WILL MOVE ON TO ITEM NUMBER THREE. AND I BELIEVE IT IS MS. CHAFFIN. HI HEATHER. CHAP HOUSING AND PLANNING DEPARTMENT. AND I'M SORRY, I DID NOT REALIZE THIS WAS GOING TO BE PULLED FOR DISCUSSION. SO IF YOU CAN GIVE ME A MOMENT. I'M SORRY. NO, I'M WRONG. I'M ON ITEM FOUR, RIGHT? I SAID THREE, BUT I MEANT FOUR . SORRY, HEATHER . NO PROBLEM. YES, I BELIEVE THREE WAS ON YOUR CONSENT. YOU'RE CORRECT. YOU'RE [4. Rezoning: C14-2022-0168 - Jollyville Oak Liquor Cabinet; District 10] OKAY. SO THIS IS ITEM NUMBER FOUR, WHICH IS CASE C 14 20 22 0 1 68 JOLLYVILLE OAK LIQUOR CABINET. IT IS LOCATED AT ONE 2029 AND ONE 20,041 JOLLYVILLE ROAD. THE REQUEST IS FROM LO TO CS ONE ZONING. THE STAFF'S RECOMMENDATION IS FOR DENIAL OF THE REZONING REQUEST AND TO MAINTAIN THE EXISTING LO ZONING ON THE PROPERTY. THE PROPERTY IN QUESTION CONSISTS OF TWO UNDEVELOPED LOTS THAT ACCESS JOLLYVILLE ROAD DIRECTLY TO THE NORTH. THERE'S A RETAIL CENTER THAT FRONTS ONTO US HIGHWAY 180 3. THE ATTRACTIVE LAND TO THE WEST IS UNDEVELOPED AND THE LOTS TO THE SOUTH ACROSS JOLLYVILLE ROAD ARE DEVELOPED WITH SINGLE FAMILY AND DUPLEX RESIDENCES TO THE EAST ACROSS OAK MILL DRIVE, THERE IS AN OFFICE COMPLEX. IN THIS CASE, THE APPLICANT IS REQUESTING CS ONE ZONING TO DEVELOP A COCKTAIL LOUNGE USE WITH THE CIGAR BAR. AT THIS LOCATION, THE STAFF IS RECOMMENDING DENIAL OF THE APPLICANT'S REQUEST FOR COMMERCIAL LIQUOR SALES DISTRICT ZONING AT THIS LOCATION, THE PROP, THE PROPOSED CS ONE ZONING IS NOT CONSISTENT WITH THE US 180 3 JOLLYVILLE ROAD AREA STUDY THAT WAS ADOPTED BY THE CITY COUNCIL. THE POLICY OF THE 120 FOOT STRIP OF OFFICE ZONING ALONG THE EAST SIDE OF JOLLYVILLE ROAD HAS CONSISTENTLY BEEN APPLIED TO DATE TO MAINTAIN THE SETBACK FROM THE COMMERCIAL USES FRONTING US HIGHWAY 180 3 TO THE RESIDENTIAL AND OFFICE USES TO THE WEST ACROSS JOLLYVILLE ROAD. IN ADDITION, THE PROPOSED ZONING WOULD CONTRIBUTE TO THE OVER ZONING OF THE CS ONE DISTRICT IN THIS AREA, AS THERE ARE ALREADY TWO CS ONE ZONE PARCELS ADJACENT TO THIS TRACK IN THE OAK KNOLL VILLAGE SHOPPING CENTER TO THE NORTH. ONE OF THESE SUITES IS ALREADY DEVELOPED WITH A LIQUOR SALES USE AND THE OTHER IS CURRENTLY VACANT. THE EXISTING LO ZONING ON THIS PROPERTY PROVIDES A TRANSITION FOR FROM THE MORE INTENSIVE COMMERCIAL USES, FRONTING RESEARCH BOULEVARD OR US 180 3 TO THE NORTH, TO THE RESIDENTIAL USES ON THE WESTERN SIDE OF JOLLYVILLE ROAD. AND I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. THANK YOU, CHAIR. WILL NOW HEAR FOR THE APPLICANTS HI CHAIR, UH, COMMISSIONERS MICHAEL KING WITH HUSH BLACKWELL ON BEHALF OF THE APPLICANT. UH, RAJIV MALIK. AND THANK YOU FOR BEING HERE AND GOOD TO SEE YOU ALL. UM, WE CAN START ON SLIDE TWO PLEASE. SO THIS IS JUST A MAP OF THE GENERAL LOCATION, UH, NORTHWEST AUSTIN. UH, ABOUT 300 FEET OFF OF 180 3. NEXT SLIDE, PLEASE. OR I HAVE A CLICKER NOW. YES. OKAY. SORRY. THINGS HAVE CHANGED BACK, SO THANK YOU. UM, AND UH, THIS IS AN AERIAL MAP, UH, SHOWING THE LOCATION OF THE PROPERTY. UM, IT'S LOCATED, UM, ADJACENT TO A MAJOR INTERSECTION, JOLLYVILLE ROAD IN OAKVILLE DRIVE, UM, RIGHT OFF 180 3. UM, AND THERE ARE 50 FOOT BUILDING, UH, SETBACK LINES, UH, ADJACENT TO BOTH OF THOSE ROADWAYS ON THIS SITE. THE REQUEST IS TO REZONE FROM LO TO CS ONE. UH, IT'S BEEN UNDEVELOPED FOR SINCE AT LEAST THE 1940S AS FAR BACK AS I CAN FIND. AERIAL IMAGERY. UM, THE PROPOSED USE IS TO RELOCATE A EXISTING, UH, LIQUOR STORE, UH, THAT'S BEEN IN THE PART OF THE COMMUNITY SINCE 1985, UM, AND OWNED BY, UH, THE APPLICANT SINCE 1999. UH, AS WELL AS, UH, A CIGAR SHOP AND AN OFFICE FOR THE BUSINESS UPSTAIRS. UM, IT'S THE JOLLYVILLE OAK LIQUOR CABINET, UM, THAT'S JUST DOWN THE STREET. UM, IT'S IN THE DESIRED DEVELOPMENT ZONE. UH, THERE'S NO CRITICAL ENVIRONMENTAL FEATURE, NO CRITICAL WATER QUALITY ZONE, AND NO FLOODPLAIN, UH, AGAIN, UH, AT A MAJOR INTERSECTION. SO MORE DETAILS ABOUT THAT. UH, BOTH OF THESE INTERSECTING [00:10:01] ROADWAYS ARE LEVEL THREE ROADWAYS ON THE AS SMP. UM, ON THE PLAT, THERE'S A HUNDRED FOOT, UM, RIGHT OF WAY FOR JOLLYVILLE ROAD. AND THE AS SMP CAUSE TO INCREASING THAT TO 116 FEET, UH, FOR BOTH OKAL AND JOLLYVILLE ROAD. UH, UH, THAT'S CREATING A, A PRETTY SIGNIFICANT INHERENT BUFFER, UH, IN ADDITION TO THE SETBACK BLINDS. UH, AND JOLLYVILLE IS ALSO DESIGNATED AS A IMAGINE AUSTIN CORRIDOR AND FUTURE COR CORE CORRIDOR. UM, WHICH OF COURSE IS, UH, MORE RECENT THAN THE STUDY THAT, UH, STAFF CITED. UH, THE PURPOSE, UH, OF THIS REZONING. UM, THERE IS SOME IMPORTANT CONTEXT HERE, AND SO I APOLOGIZE FOR THE LENGTHY SLIDE. UM, BUT THIS IS, UH, A COMMUNITY BUSINESS THAT HAS BECOME A BELOVED PART OF THE COMMUNITY, UM, WHERE THERE HAVE BEEN CHARITY EVENTS, UM, FOR THE SOFTBALL TEAMS, UM, AND LOYAL CUSTOMERS OF MANY YEARS. AND THE APPLICANT IS IN A VERY BAD SITUATION WITH HIS LANDLORD. UM, AND THIS HAS BEEN GOING ON FOR YEARS AND IT'S GOTTEN UNSAFE, UH, FOR HIM AND HIS FAMILY THAT WORKS THERE AND OTHER EMPLOYEES AND FOR THE PATRONS, AND THEY NEED TO MOVE. UM, THIS, UM, NEW LOCATION IS IDEAL BECAUSE IT WILL PROVIDE A PLACE FOR RAJU AND OTHERS TO RELOCATE IN CLOSE PROXIMITY TO WHERE THEY ARE NOW. UM, UH, THE APPLICANT LIVES, UM, RIGHT BY THE EXISTING LOCATION. UH, SO NOT FAR FROM THE THE FUTURE PROPOSED LOCATION. UM, THE SHOPPING CENTER IN WHICH THE CURRENT SHOP IS LOCATED HAS DETERIORATED, DETERIORATED OVER THE YEARS. UM, IT HAS BEEN IN THE SCENE OF ILLEGAL BUSINESSES INCLUDING A SUSPECTED ILLEGAL GAMBLING BUSINESS, UM, UNDERAGE PARTY VENUE. UM, THERE WAS RECENTLY TWO SHOOTINGS IN, UH, INCLUDING A, A DEADLY ONE AT A HOOKAH LOUNGE, UH, SHOP IN THAT SHOPPING CENTER. AND PEOPLE ARE BECOMING AFRAID TO, TO, TO GO TO THE LIQUOR STORE AND IT'S NOT SAFE FOR THEM TO REMAIN THERE. UM, SO WHAT WE ARE HOPING FOR IS APPROVAL TO HELP THIS FAMILY AND MEMBER OF THE COMMUNITY, UH, TO RELOCATE TO SOMEWHERE SAFE, UH, AND NEARBY. UM, AND TO CONTINUE, UM, WHAT THEY'VE BEEN DOING. UH, THIS IS AN AREA ZONING MAP ZOOMED IN. UM, YOU CAN SEE THE ADJACENT GR AND CS ONE, UH, ZONING. UM, THERE, UM, STAFF IS CORRECT. THERE IS A STORE THAT IS VACANT ZONE CS ONE AND THE SHOPPING CENTER TO THE NORTH. UM, THAT SPACE IS VERY SMALL. IT WILL NOT MEET THE DE THE NEEDS OF THE BUSINESS. UM, IT'S SMALLER THAN THE EXISTING ONE, I BELIEVE. UM, AND IT WOULD JUST SUB PUT THE APPLICANT IN THE SAME SITUATION HE IS IN NOW WHERE HE'S SUBJECT TO THE WHIMS OF A LANDLORD OR A NEW ONE COMING IN THAT IS WORSE. SO WE DON'T WANNA SEE THAT HAPPEN AGAIN. UH, THIS IS A, A ZOOMED OUT VERSION OF THE ZONING MAP, UM, SHOWING THAT THERE, UM, IS NON LO ZONING IN THE AREA. UM, AND THIS IS THE PROPOSED, UH, SITE LAYOUT. AND, UH, I'M AVAILABLE FOR ANY QUESTIONS YOU MIGHT HAVE. ALL RIGHT. THANK YOU. THANK YOU. THANK YOU, CHAIR. WHEN I'LL HEAR FROM MR. JAMES REED. MS. MR. REED, YOU'LL HAVE THREE MINUTES. GOOD EVENING COMMISSIONERS, AND THANK YOU FOR THIS OPPORTUNITY. I'M HERE ON BEHALF OF MR. MALIK, OR CALL HIM RAJU BECAUSE I REPRESENTED HIM IN HIS DIFFICULTIES WITH HIS LANDLORD. UH, WE WERE IN COURT OVER FOUR YEARS WITH HIS LANDLORD BECAUSE HIS LANDLORD REFUSED TO HONOR HIS LEASE AND HE HAD A 10 YEAR, UH, EXTENSION ON HIS LEASE THAT HE WOULDN'T ACKNOWLEDGE AND TRIED TO LOCK HIM OUT. SO, UM, IN THIS, IN THE COURSE OF MY REPRESENTATION OF RAJU, I MET HIM, BEEN TO HIS OFF, BEEN TO HIS BUSINESS AND HIS OFFICE IN THE BACK MANY TIMES. HE IS THE FAMILY BUSINESS. HE IS, HE REMINDS ME OF CHEERS WHEN YOU WALK IN HIS DOOR, HE'S ALWAYS THERE. HE IS ALWAYS WORKING. HE GREETS YOU BY NAME. HE KNOWS ALMOST ALL OF HIS CUSTOMERS. IT'S AN AMAZING WARM FEEL WHEN YOU WALK IN. HE [00:15:01] HAS HAD MANY, UM, CHARITY FUNCTIONS IN THIS PARKING LOT UNTIL HIS LANDLORD TOLD HIM NO MORE. HE'S REALLY AT ODDS WITH THIS LANDLORD. AND WHEN HIS LEASE DOES EXPIRE, HE'S GOING TO HAVE TO FIND ANOTHER PLACE. HE IS A MEMBER OF THE COMMUNITY. HE LIVES NEARBY. HIS KIDS GO TO SCHOOL THERE. HE KNOWS ALL THE FOLKS IN THE NEIGHBORHOOD, AND HE'S REALLY A TREASURE TO THE NEIGHBORHOOD. SO HE'S NOT, HE'S THE TYPE OF BUSINESS, I THINK AUSTIN REALLY WANTS TO KEEP A LOCALLY OWNED, UH, PARTICIPANT IN THE COMMUNITY TYPE OF BUSINESSMAN. AND, UH, THIS IS HIS, HIS DREAM TO MOVE HIS OFFICE AND HIS BUSINESS DOWN THE STREET. UM, I'M ANSWERING ANY QUESTIONS IF YOU HAVE ANY, BUT I THANK YOU FOR THIS OPPORTUNITY. THANK YOU, CHAIR. I HAVE MR. MOHAMED HIRAI REGISTERED TO SPEAK, HAVE REACHED OUT TO HIM TO SEE IF HE WOULD BE CALLING IN. I HAVEN'T HEARD BACK. UM, SO, UM, WE CAN MOVE TO THE APPLICANT'S REBUTTAL. OKAY, THAT SOUNDS GOOD TO ME. THREE MINUTES AND THEN IF HE CALLS IN AT THAT TIME. OKAY. THANK YOU. UH, I DON'T KNOW WHAT I'LL REBUT SO I'LL, I'LL JUST SAVE MY, UH, TIME AND YOUR TIME, UM, IN CASE HE CALLS IN, SO, ALL RIGHT. THANK YOU. THANK YOU. OKAY. UH, JUST ONE SECOND CHAIR. MR. UH, RAMI, ARE YOU ON THE TELECONFERENCE CHAIR? I'LL LET YOU KNOW IF HE, UH, DIALS IN. OKAY. I DON'T HAVE HIM ON AT THIS TIME. SO DO WE NEED TO CLOSE THE PUBLIC HEARING OR YOU CAN OKAY. MAKE A MOTION TO CLOSE THE PUBLIC HEARING. SECOND. ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING. OKAY. SHOW ME THIS. NO, . OKAY. SO THAT WAS, UM, COMMISSIONER KING, IF YOU'RE TAKING, IF YOU'RE TAKING NOTES, UH, COMMISSIONER DINKLER VOTED AGAINST CLOSING THE PUBLIC HEARING CHAIR. YES. MAY I CLARIFY? UH, IF THE SPEAKER THAT IS WAS PLANNING TO CALL IN, IF HE, IF THAT SPEAKER CALLS IN, WILL THEY BE ALLOWED TO SPEAK? I DON'T THINK SO. I MEAN, I, I DON'T KNOW. I'M LOOKING AT AN MR. RIVERA CHAIR. SO, UH, THE, UH, CODE DOES, UH, PROVIDE THAT. IF THE CHAIR WANTS TO CALL ON SOMEONE, YOU CAN CERTAINLY DO SO AND I CAN OKAY. INFORM YOU. THANK YOU. I DON'T THINK WE CAN BEGIN DISCUSSION. CAN WE BEGIN DISCUSSION WITHOUT CLOSING THE HEARING? HEARING? YEAH. YEAH. OKAY. YEAH. OKAY. SO THEN WE CAN JUST DISCUSS AND WAIT, I GUESS, SO LET'S TABLE YES. AND, AND, AND VOTE LATER, OR, OR I CAN, YOU KNOW, RELY ON THE CHAIR TO ALLOW THAT SPEAKER TO SPEAK WHEN THEY CALL IN, THEN I'M FINE WITH SUPPORTING THE MOTION. I THINK WE CAN WAIT AND JUST CONTINUE OUR DISCUSSION AND THEN THANK YOU. GO FROM THERE. THANK YOU. OKAY. SO DOES ANYONE HAVE QUESTIONS OR COMMENTS? COMMISSIONER GREENBERG? UH, YEAH. UM, I GUESS THIS IS A QUESTION FOR THE APPLICANT. HEARING ABOUT PROBLEMS WITH THIS TYPE OF USE IN ANOTHER LOCATION. DOES GIVE ME PAUSE ABOUT PUTTING THIS ON JOLLYVILLE. HOW WILL THE OWNERS PREVENT THESE KINDS OF PROBLEMS THAT SOMETIMES ARE ASSOCIATED WITH LIQUOR STORES? YEAH. UH, GREAT QUESTION, COMMISSIONER. UM, AND I WILL SAY THAT I, I SPOKE WITH THE APPLICANT ABOUT THIS AND IN HIS, I GUESS SINCE 1999, SINCE HE'S OWNED AND OPERATED THIS STORE, THERE'S NEVER BEEN A POLICE CALL AGAINST HIM OR HIS BUSINESS OR ASSOCIATED WITH HIS BUSINESS. HE'S THE EXACT TYPE OF PERSON YOU WANT TO HAVE RUNNING A LIQUOR STORE BECAUSE HE'S SO RESPONSIBLE. AS YOU HEARD, HE'S THERE EVERY DAY. HE KNOWS HIS NEIGHBORS, HE, HE KNOWS HIS PATRONS. UM, THE PROBLEMS THAT HE'S DEALING WITH ARE COMPLETELY UNRELATED TO HIS BUSINESS. THEY'RE CAUSED AND GENERATED BY OTHER USES THAT HE'S TRYING TO ESCAPE FROM. AND SO THIS IS THE KIND OF PERSON THAT YOU WANT, UM, TO, TO, TO RUN THIS BUSINESS BECAUSE THEY WILL SAFEGUARD IT. IT'S CLOSE TO THEM. THEY'RE NOT SOME OUTSIDE INVESTOR LIVING IN A DIFFERENT STATE. THEY'RE THERE EVERY DAY AND THEY CARE ABOUT IT AND THEIR HEART AND THEIR SOUL IS INVESTED IN IT. OKAY, THANK YOU. AND, UM, I'VE ALREADY TALKED TO YOU, BUT MY UNDERSTANDING IS THAT YOU, THE APPLICANT IS FINE WITH LIMITING USES TO THE LO USES PLUS LIQUOR STORE, PLUS CIGAR LOUNGE? YES. OKAY. THANK YOU, COMMISSIONER. THAT SHOULD HELP AS WELL. COMMISSIONER CLAIR, UH, IT'S A QUICK QUESTION FOR STAFF. UM, SORRY. MR. REYES. IS CIGAR LOUNGE, UH, A DEFINED, UH, CATEGORY? IS IT CIGAR SALES AS RETAIL OR IS THERE IT WOULD BE RETAIL SALES. WE DON'T HAVE A CIGAR [00:20:01] LOUNGE CATEGORY. OKAY. MICAH ACTUALLY ASKED ME ABOUT THIS MONTHS AGO, AND WE THOUGHT IT WAS A COCKTAIL LOUNGE BECAUSE THEY WERE GOING TO SELL AND CIGARS. OKAY. SO THAT'S, YEAH. SO IF THEY WERE, UM, HAVING FOLKS IN THERE SMOKING THE CIGARS, IT REALLY WOULD NOT BE A VIOLATION OF CODE OR ANYTHING LIKE THAT? YOU KNOW, IT, IT'S, WE'VE NEVER DEFINED THE USE. OKAY. SO I DON'T KNOW HOW WE WOULD LIMIT IT TO A, YOU KNOW, CIGAR LOUNGE. WE DON'T KNOW WHAT THE USE IS. OKAY. THANK YOU. SO A RETAIL SALES, AN ADDITIONAL USE WE'D HAVE TO ALLOW IN ADDITION TO THE LO USES, I DON'T HAVE THE CHART. GENERAL RETAIL SALES LIMITED? YEAH. OKAY. SO GENERAL RETAIL SALES, YOU MM-HMM. LIMITED? YEAH. OKAY. YES. BECAUSE GENERAL IS LIKE YOUR BIG BOX STORE, BUT LIMITED IS SMALLER. YES. THANK YOU. IF I MIGHT CLARIFY, UM, JUST IS, IT'S NOT A CIGAR LOUNGE, IT'S JUST A SHOP, SO IT'S NOT PEOPLE LAYING AROUND? DON'T ON SITES? NOT IN CIGARS. OKAY. , IT'S RE PURE RETAIL. SO WHAT YOU'RE SUGGESTING IS LO THE CS ONE ZONING, BUT LIMIT THE USES TO LO USES PLUS GENERAL RETAIL SALES, PLUS LIQUOR SALES, GENERAL RETAIL SALES, LIMITED, LIMITED GENERAL RETAIL SALES, LIMITED AND LIQUOR SALES. OKAY. IS THAT A MOTION? YES. I'M GONNA ASK THE SAME TIME. OKAY. CHAIR COMMISSIONER LEE LAND BEFORE YOU PROCEED WITH THE MOTION. I DO HAVE, UH, MR. RAMI ON THE TELECONFERENCE. GREAT. MR. ROMI, IF YOU COULD SELECT STAR SIX, PROCEED WITH YOUR REMARKS. THANK YOU. AND, UM, I'VE ALREADY TALKED TO YOU, BUT MY UNDERSTANDING IS THAT YOU, WE CAN'T HEAR. I HEARD SOMETHING. MR. RO ROMI, IF YOU COULD, UM, PROCEED WITH YOUR REMARKS. WE HEARD, UH, THE BACKGROUND, IF YOU COULD MUTE THE BACKGROUND SOURCE AND PROCEED WITH YOUR REMARKS. YOU MIGHT HAVE TO SELECT STAR SIX . FEEL LIKE WE SHOULD HEAR THIS BEFORE WE VOTE? YEAH. AGAINST COMMISSIONERS. YOU DO HAVE MR. A RAMI'S COMMENTS IN YOUR BACKUP. IT IS THE FIRST LIST OF COMMENTS UNDER ITEM NUMBER. I BELIEVE IT'S C IN YOUR BACKUP D WHEN IT'S COMMENTS RECEIVED, IT'S HARD TO READ 'EM CAUSE THEY'RE SIDEWAYS. BUT HE DID SUBMIT A FORUM WITH HIS COMMENTS ON HIS GENERAL IS LIKE YOUR BIG BOX STORE UNLIMITED AND SMALL? YES. OKAY. MR. MIMI, UH, I DO YOU HAVE YOU ON LINE NOW? SO IF YOU'LL, UH, JUST, UH, MUTE THE BACKGROUND, UH, SOURCE AND PROCEED WITH YOUR REMARKS. I'M NOT SEEING THE BACK EITHER. CAN I TALK? YES, CAN I HEAR YOU? YES. CAN I TALK NOW? YES, PLEASE. OKAY. DO YOU HAVE MR LIKE STAR SIX, CHRISTINE, WITH YOUR REMARKS? STAR SIX. CAN YOU HEAR ME NOW? YES. YES SIR. PLEASE PROCEED. OKAY. ALL RIGHT. UM, I OWN THE PROPERTY. NEXT DOOR TO THIS, UH, IS THE PROPERTY. AND AS YOU ALL KNOW, THERE IS ALREADY A LIQUOR STORE IN THE ADJUSTMENT PROPERTY TO THIS APPLICANT. AND, UH, AS FAR AS HIS LOCATION, I NOTICED THAT THE CONSULT SAYING IS NOT SAFE FOR HIM. THEN HE'S SAYING THAT LOCATION, HIS CURRENT LOCATION IS VERY CLOSE, THIS LOCATION. SO IF IT IS NOT SAFE, A BLOCK, NOT EVEN A BLOCK DOWN THE ROAD, HOW COULD IT BE SAFE? AND THIS LOCATION, I CAN UNDERSTAND THE LOGIC, RIGHT, OR THE REASONING. AND AS FAR AS VACANT BEING VACANT FOR, LET'S SAY HE, HE MENTIONED THAT HE WAS VACANT SINCE 1940. I MEAN, THERE'S SO MANY PIECE OF PROPERTY IN AUSTIN OR SURROUNDING AREA BEEN VACANT SINCE 1800. THAT DOESN'T GIVE HIM A RIDE TO GO BUILD BASED ON THAT OR BASED ON THAT, THIS LOCATION IS VERY CLOSE TO A MAJOR PROPER, I MEAN, A MAJOR INTERSECTION. I DON'T [00:25:01] SEE A MAJOR INTERSECTION IN THERE. I MEAN, AND JOLLYVILLE CROSSES , WHICH IS IMMEDIATELY RIGHT THERE INTO THE NEIGHBORHOOD. UH, THAT WOULDN'T BE A MAJOR INTERSECTION. I DON'T KNOW WHERE THEY, THEY FOUND IS FOUND AND WHAT THEY'RE CODING, YOU KNOW, WHAT WAS IT A GOVERNMENTAL IS STUDY THAT THEY'RE REFERRING TO OR SOMETHING. THEY JUST, BECAUSE THEY GOT A FOUR LANE, THEY CONSIDERING IT AS A MAJOR ROADWAY. I DON'T SEE THAT IN THERE. IT'S NOT A MAJOR ROADWAY BASE ON TOP OF THAT, UH, CIGAR LOUNGE. AND THE LIQUOR STORE IS ALREADY SO MANY OF THEM IN THE NEIGHBORHOOD. I THINK THEY HAVE ENOUGH IN MY PROPERTY. MY FUTURE P IS TO HAVE, UH, LIKE OLDER FOLKS CENTER, YOU KNOW, HOWEVER YOU CALL THAT SENIOR CITIZEN CENTER, THINKING THAT NATURE. AND FOR THAT, FOR ME TO SIT IN HERE, YOU KNOW, ALLOW THAT, THAT TYPE OF THINGS TO BE NEXT DOOR TO MY PROPERTY, WHICH I HAVE SUCH A, A FEELING TOWARD WHAT I'M GONNA DO. I THINK THIS IS NOT A GOOD THINGS TO BE THERE OFFICIALLY, THERE IS ALREADY ONE LIQUOR STORE RIGHT THERE. AND THEN THE OTHER SIDE OF MY PROPERTY IS THIS, UH, APPLICANT CURRENT LIQUOR STORE. AND IT IS NOT SAFE. I'M SORRY. I MEAN, HE, HE MENTIONED THAT SO MANY THINGS IS HAPPENING IN THAT AREA. WELL, OBVIOUSLY IT IS AFFECTING OURS TOO, BUT IT IS WHAT IT IS. IT'S ALREADY THERE. YOU HAVE TO LIVE WITH IT. BUT IF YOU HAVE PROBLEM WITH HIS LANDLORD OR THINGS OF THAT NATURE, YOU NEED TO WORK IT OUT OR YOU NEED TO MOVE TO SOMEWHERE ELSE. JUST BEING INTO THE COMMUNITY AND HAVING CHARITIES, YOU KNOW, EVENTS THAT DOESN'T ALLOW SOME, YOU KNOW, SOMEBODY TO BE JUMPING IN FRONT OF THE LOSER REGULATION, WHICH DOESN'T ALLOW C SON TO BE IN THE NEIGHBORHOOD. I CAN'T REMEMBER HIS NAME. THANK YOU. MR. RAMI ? YES. ALL RIGHT. THANK YOU. UH, I I THINK THIS IS A CASE OF SOUR GRAPES, HONESTLY. UM, THIS PERSON THAT YOU JUST HEARD FROM CAME BEFORE YOU WITH A ZONING CASE, UM, AND GOT WHAT HE WANTED AS TO PART OF HIS PROPERTY, BUT NOT ALL OF IT. AND HE SAID AT THAT TIME THAT HE DIDN'T HAVE A SPECIFIC USE IN MIND FOR HIS PROPERTY. MAYBE AN ASSISTED LIVING CENTER, BUT NO IMMEDIATE PLANS. HE STILL HASN'T FILED ANY SITE PLAN AND THE COMMISSION, UH, ONE OF THE COMMISSIONERS SAID TO HIM AT THAT TIME, IF YOU NEED SOMETHING MORE THAN LO ZONING IN THE FUTURE, ONCE YOU HAVE AN ACTUAL USE IN MIND, COME ON BACK AND APPLY FOR REZONING OF THAT PART OF THE PROPERTY. UM, AND HE ALSO CONTRADICTED HIMSELF BECAUSE WHAT HE SAID ABOUT THIS IS NOT A MAJOR ROADWAY IS EXACTLY OPPOSITE OF WHAT HE SAID. CAUSE I WATCHED THE TAPE OF THE HEARING WHEN HE TESTIFIED BEFORE YOU IN HIS CASE. SO I'M SORRY, I JUST DON'T TAKE THAT WITH MUCH CREDIBILITY. UH, IF THERE'S A CONCERN ABOUT, UH, OVER ZONING OF CS ONE IN THE AREA, REALLY THERE'S TWO, ONE THAT'S NOT USED AND TWO SMALL AND ONE THAT'S IN THE SHOPPING CENTER THAT'S DANGEROUS. COUNCIL CAN INITIATE A ZONING CASE TO TAKE AWAY THAT ZONING, WHICH I THINK WOULD BE WARRANTED. AND I MIGHT EVEN BRING IT UP WITH A COUNCIL MEMBER TO DO, BECAUSE AT THE EXISTING PLACE, ONCE THE APPLICANT'S OUT OF THAT LOCATION, IT'S A DANGEROUS PLACE FOR A LIQUOR STORE. GET IT OUT OF THERE. SO, UM, I DON'T THINK THAT THE CONCERNS THAT WERE RAISED, UM, ACTUALLY HAVE MUCH MERIT. SO THANK YOU. OKAY. UM, ANY FURTHER QUESTIONS? DO WE, IS THERE A MOTION THAT WE WANNA GO AHEAD, COMMISSIONER KOTA. UM, FIRST OFF, SORRY FOR BEING LATE. TRAFFIC'S REAL BAD, IT'S RAINING. UM, JUST WANTED TO ASK, I THINK THIS IS KIND OF A STAFF QUESTION. SO ARE THE, UM, REQUIREMENTS FOR LIGHTING OR SIGNAGE DIFFERENT FROM LO OR CS ONE? I'M JUST THINKING ABOUT SIGNS FACING THE NEIGHBORHOOD. IF THERE'S GONNA BE MORE NE IF THERE'D BE A MORE NEON ALLOWED UNDER ONE AS OPPOSED TO THE OTHER. YOU'RE ASKING ABOUT SIGNAGE? YES. I DON'T KNOW ABOUT SIGNAGE SINCE WE'RE LOOKING AT LAND USE. UM, I CAN'T SPEAK TO WHAT'S THE SIGNAGE REQUIREMENTS WOULD BE IN THE CODE. THAT WOULD BE [00:30:01] WHEN THEY COME IN WITH THE SITE PLAN AND THE REQUIREMENTS UNDER DEVELOPMENT SERVICES DEPARTMENT REVIEW. SO, OKAY. SO, BUT JUST CURIOUS THEN, NO INKLING IF THERE'S A DIFFERENCE IN DEVELOPMENT STANDARDS FOR LO VERSUS CS ONE? WELL, YES, THERE'S SITE DEVELOPMENT STANDARDS DIFFERENCE. UM, I'LL HAVE TO PULL 'EM UP CAUSE I DON'T HAVE THAT INFORMATION. GO AHEAD. MR. KING. SEEMS LIKE YOU MIGHT KNOW. SO I, I DON'T HAVE THE EXACT REGULATIONS MEMORIZED COMMISSIONER, BUT IT, THE, THE SIGN REGULATIONS WOULD BE BASED ON THE TYPE OF ROADWAY AND THE TYPE OF CORRIDOR. UM, AND SO ON THIS TYPE OF ROADWAY, UM, YOU CAN'T HAVE REALLY LARGE SIGNS. UM, AND IT WOULD PROBABLY BE LIKE A MONUMENT SIGN. MM-HMM. , UM, SO ATTACHED TO THE GROUND, UM, AND MAYBE, UM, A SIGN ATTACHED TO THE BUILDING FACE ABOVE THE AWNING OR SOMETHING LIKE THAT. OKAY. SO LONG STORY SHORT, PROBABLY THE LAND USE CHANGE WOULD NOT MAKE A DIFFERENCE OTHERWISE. NO, THE ZONING DOES NOT, I DON'T THINK IT WOULD AFFECT. YEAH, THAT'S KINDA WHAT I'M GETTING AT. THANK YOU ALL. OKAY, SO WERE THE QUESTIONS ABOUT SIGN REGULATIONS OR SITE DEVELOPMENT REGULATIONS? BECAUSE THERE IS A GREAT DIFFERENCE IN SITE DEVELOPMENT REGULATIONS BETWEEN L O AND CS. ONE FROM THE SQUARE FOOTAGE AND YEAH, I SEE THERE'S LIKE A 20 FOOT DIFFERENCE IN SIZE AND ALL THAT. I WAS JUST FOR SIGNAGE IF THERE'S A DIFFERENCE, BUT I THINK THE APPLICANT ANSWERED THE QUESTION. THANK YOU. ANYTHING ELSE? ANYBODY? OKAY. MAKE A, MAKE A MOTION TO CLOSE THE PUBLIC HEARING. OKAY. UM, ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING. OH WAIT, IT WASN'T SECONDED. OH, SORRY. SECOND. SECONDED BY COMMISSIONER KOBASA. ALL THOSE IN FAVOR OF CLOSING THE HEARING. THANK YOU. AND THERE WAS A MOTION ON THE TABLE THAT WAS NOT SECONDED, RIGHT? THE MOTION WAS OKAY. OKAY. COULD YOU REPEAT IT? DO YOU WANNA REPEAT? THE MOTION WAS TO APPROVE THE CS ONE ZONING BUT LIMIT THE USES TO LO ZONING USES PLUS LIQUOR STORE, PLUS GENERAL RETAIL LIMITED, IF THAT'S WHAT, SO YEAH, IT'S GENERAL RETAIL SALES, CONVENIENCE AND LIQUOR SALES USE. YES, EXACTLY WHAT STAFF SAID. . OKAY. AND SECONDED BY COMMISSIONERS. THAT'S WHAT MY SECOND WAS ALSO . AND THEN IS THERE ANY FURTHER DISCUSSION? OKAY. ALL THOSE IN FAVOR OF THE MOTION, ALL THOSE OPPOSED AND ABSTENTIONS? NO. OKAY. SO OPPOSITION WAS DANER, KING, STERN AND THOMPSON. IS THERE AN ALTERNATIVE MOTION? SO THAT WAS NO, NO ACTION. FIVE, FOUR AND FOUR AGAINST. I KNOW, BUT WE CAN HAVE A DIFFERENT MOTION THAT MIGHT GETS EXPOSED. SO IS THERE AN ALTERNATIVE MOTION FROM THOSE OF YOU THAT DIS THAT DISSENTED THAT WOULD GO AHEAD. COMMISSIONER THOMPSON. UM, YEAH, I MOVE TO SUPPORT STAFF RECOMMENDATION ALL SECOND. THAT MOTION. OKAY. OKAY. I DON'T REMEMBER WHAT THE STAFF RECOMMENDATION IS. UH, I DON'T KNOW IF IT'S STAFF DENIAL. I THINK THEY JUST WAS DENIAL OF THE YEAH, YEAH. I'M NOT THAT SO NO, LEAVE IT AT LO THE MOTION WILL BE LEAVING IT AS AS LO EFFECTIVELY. YES. YES. THAT IS THE STAFF'S RECOMMENDATION TO DENY AND LEAVE THE ZONING IN PLACE THAT IS EXISTING LO SO WE SHOULD VOTE. OKAY. ALL THOSE ARE ANY DISCUSSION ON THAT QUESTIONS? I I, THIS IS A CASE WHERE I THINK THAT THERE SHOULD BE A SEPARATE ZONING CATEGORY FOR A LIQUOR STORE AND THAT LUMPING IT IN WITH A COCKTAIL LOUNGE WITH THE BAR IS A REALLY BAD IDEA. AND THAT'S WHY I FAVORED THE CS ONE WITH THE CONDITIONS. AND SO I WILL BE VOTING FOR THE DENIAL BECAUSE I THINK THAT'S A VERY LIMITED, I THINK THE LO IS LIMITED. AND I'M SORRY CUZ I USUALLY DO LIKE TO SUPPORT STAFF RECOMMENDATIONS A LOT OF TIME. AND ALSO BECAUSE I REMEMBER THE CASE THAT ALICE GLASGOW BROUGHT FORWARD ABOUT THE COVERT AUTO DEALERSHIP, RIGHT? AND THAT WAS, WE KNOW THAT THAT HISTORY OF THE LO IS A REALLY CONVOLUTED, STRANGE HISTORY RELATED TO 180 3. AND I MEAN IT WAS JUST, AND AND WE KNOW FROM THE FACT THAT THE COVERT AUTO DEALERSHIP EXISTED BEFORE THEY DID THE LO AND THEN THEY FOUND OUT WHEN THEY NEEDED TO REMODEL OR AT A PARKING GARAGE. SO I LEARNED A LOT FROM THAT CASE AND THAT INFORMS MY CASE, MY DECISION ON THIS. THANK YOU COMMISSIONER DINGLER. I THINK, UM, I THINK STAFF HAS CONSISTENTLY APPLIED A RECOMMENDATION OF LO AS A BUFFER, UM, BETWEEN THE SINGLE FAMILY PROPERTIES, [00:35:02] UM, AND THE HIGHER INTENSITY USES ALONG RESEARCH. I LOOKED AT PAGE 10 IN THE BACKUP AND FOR 400 FEET IT'S LO UM, ALONG THE, THE QUARTER TO THE WEST OF OKAL TO THE EAST OF OKAL, I THINK THERE WAS A MISTAKE IN WHAT THEY DID IN TERMS OF SHOWING GR FOR AN ENTIRE SITE. WHEN I WENT BACK AND LOOKED UP THE ORBITS, IT WAS PARTIAL SITE. SO THERE WAS LO ALL THE WAY DOWN TO THE COVERT SITE AND THE COVERT SITE, UH, WHICH IS A CASE WE HEARD IN 2019 WAS UNUSUAL BECAUSE THEY WERE APPLYING FOR REZONING WITH AN APPROVED SITE PLAN SHOWING A PARKING GARAGE EXTENDING INTO THE LO STAFF MADE A MISTAKE. WE ESSENTIALLY APPROVED THE REZONING TO, I DON'T KNOW THAT THERE WOULD'VE BEEN A LAWSUIT, BUT THERE COULD HAVE BEEN A LAWSUIT ON THE WHOLE, I'M FINDING THAT THIS HAS BEEN CONSISTENT AND WE HAD A CASE AS RECENTLY AS 2021 THAT SHERRY SITES IN THE BACKUP WHERE THE COUNCIL SUPPORTED, UM, THE LO IN THE FRONT AND THE MORE COMMERCIAL USES IN THE BACK. I'VE GONE BOTH WAYS ON THIS CASE. IT IS A, UM, HIGHER DENSITY ROAD. UH, OAK KNOLL IS NOT A NEIGHBORHOOD COLLECTOR, IT'S HIGHER DENSITY, BUT I AM VERY CONCERNED ABOUT THE AMOUNT OF CS IN THAT AREA AND I'M REALLY CONCERNED ABOUT SETTING A PRECEDENT ALONG JOLLYVILLE. AND THEN WE END UP WITH SITUATION LIKE MCNEIL WHERE WE HAVE LITTLE THIS AND A LITTLE OF THAT. AND NO CONSISTENT APPLICATION. I MEAN IF YOU LOOK AT, LOOK AT PAGE 10, YOU'RE GONNA SEE SINGLE FAMILY RESIDENTS ACROSS, DIRECTLY ACROSS. SO THAT'S WHY I COULDN'T SUPPORT THE MOTION. HANDS UP. OH, SORRY. COMMISSIONER STERN. YEAH, I, UM, I, I FEEL SIMILARLY. UM, I I DO TRUST STAFF RECOMMENDATION AND UH, I WOULD BE MORE MOVED TO LOOK AT DIFFERENT OPTIONS IF THE PROPOSAL WAS TALKING ABOUT HOW TO INCLUDE MORE PEOPLE LIVING IN THIS NEIGHBORHOOD. UM, OR IF THERE WAS A LARGE, UM, NUMBER OF RESIDENTS IN THE AREA WHO SAID, NO, ACTUALLY PLEASE DO CHANGE THIS ZONING BECAUSE, BUT I, GIVEN THAT I DON'T SEE EITHER, I DON'T SEE ANY COMPELLING REASON TO SECOND GUESS STAFF ON THIS ISSUE. OKAY. WELL DID YOU HAVE ONE MORE COMMENT? WELL, YEAH, I WAS JUST TRYING TO FIGURE OUT WHAT IS THE, I MEAN, CAN WE GET FROM ANYBODY WHO KNOWS WHAT IS THE HISTORY OF THE 180 3 STUDY SINCE I BROUGHT IT UP? AND, AND ALSO CUZ I KNOW I'VE MET WITH MR. KING TOO, SO I KNOW HE HAS, HE HAS SOME INFORMATION. AND WHAT INFORMATION FIRST DO YOU HAVE, SHERRY? OKAY, SO THIS IS FROM OUR FORMER DIRECTOR GREG GUARANTEE. UM, THE OFFICIAL ZONING POLICY FOR THIS AREA SINCE IT WAS ANNEX IN 1976. AND SOME OF THESE USES THAT YOU SEE ALONG JOLLYVILLE THAT ARE NOT ZONED LO WE'RE THERE THAT WERE PRIOR TO ANNEXATION. AND SO THAT'S WHY, SO THIS, UH, THE OFFICIAL ZONING POLICY FOR THIS AREA SINCE IT WAS ANNEX IN 1976, HAS BEEN TO ORIENT COMMERCIAL USES TOWARDS US 180 3 AND MAINTAIN, MAINTAIN A MINIMUM 120 FOOT BUFFER OF OFFICE ZONING ALONG JOLLYVILLE ROAD. THE NORTH US 180 3 STUDY ACCEPTED BY THE PLANNING COMMISSION IN 1976 RECOMMENDED 150 FOOT BUFFER OF A OR SINGLE FAMILY ZONING ALONG JOLLYVILLE ROAD ON THIS SIDE. THE POLICY WAS CHANGED TO 120 FOOT BUFFER OF O OR OFFICE ZONING IN 1977. THIS POLICY WAS FORMALIZED INTO TWO ORIGINAL ZONING STUDIES IN 1978 AND WAS A RECOMMENDATION OF THE US 180 3 JOK ROAD AREA STUDY, WHICH EX WAS ACCEPTED AND ADOPTED BY THE CITY COUNCIL IN 1979. SO THAT'S THE HISTORY. AND SO ALONG WITH THOSE STUDIES, THEN THE STAFF WENT BACK AND REZONED THAT 120 FOOT BUFFER IN SEPARATE ZONING CASES UP IN DOWN JOLLYVILLE ROAD TO MAINTAIN THAT BUFFER AREA OF HELLO ZONING ALONG THE EASTERN PORTION OF JOLLYVILLE ROAD. AND WHEN WAS THIS DONE AND HOW? IT SOUNDS LIKE 40 YEARS AGO? YES, IT HAS BEEN QUITE SOME TIME. OKAY. SO, BUT THE INTENT WAS TO FACE THE COMMERCIAL USES ALONG THE MAJOR HIGHWAY AND THEN STEP DOWN TO THE RESIDENTIAL USES ON THE WESTERN SIDE OF JOLLYVILLE ROAD, WHICH ARE STILL THERE IN EXISTENCE. SO THE IDEA WAS TO PROVIDE A TRANSITION FROM THE HEAVY COMMERCIAL ALONG THE HIGHWAY TO THE BACKSIDE OF JOLLYVILLE ROAD OR TO THE FRONT OF JOLLYVILLE ROAD ON THAT EASTERN SIDE DOWN TO ACROSS THE JOLLYVILLE ROAD WHERE THERE ARE OFFICE AND RESIDENTIAL USES, [00:40:01] SINGLE FAMILY RESIDENTIAL USES. IT SEEMS KIND OF LIKE 40 YEARS AGO WHEN WE JUST HAD A CHANGE IN OUR COMPATIBILITY STANDARDS BECAUSE THE CITY IS GROWING AND CHANGING AND TO HOLD ONTO SOMETHING FOR 40 YEARS SEEMS KIND OF STRANGE. AND I SEE MR. KING, ARE YOU WISHING TO RESPOND? OKAY. I DID WANT TO STAY. YEAH, I'M JUST GOING. THE COMMISSION AND THE CITY COUNCIL MAINTAINED THIS STUDY IN THE PROPERTY NEXT DOOR LAST YEAR IN A ZONING CASE IN 2021, WHICH WAS FINALIZED IN 2022. SO YOU DID THIS FOR MR. A RAMI'S PROPERTY, THE BRAND WHO SPOKE EARLIER MM-HMM. , YOU MAINTAINED THAT LO BUFFER IN YOUR RECOMMENDATION AT ZONING AND PLATTING COMMISSION AND THEN CITY COUNCIL AGREED WITH YOU AND APPROVED THAT TO KEEP THAT LO BUFFER. OH NO, I REMEMBER THAT CASE, BUT HE DIDN'T REALLY KNOW WHAT HE WANTED TO DO. SO I MEAN, I REMEMBER THAT. SO MR. KING, YOU WANTED TO SAY SOMETHING? YES. THANK, THANK YOU. UH, MADAM VICE CHAIR, UH, THIS STUDY BUSINESS IS, IS BALONEY, HONESTLY. , OH GOD. UM, I'M SORRY, BUT I CANNOT FIND, AND NOBODY CAN PROVIDE ME WITH A DOCUMENT THAT SETS FORTH THIS 120 FOOT BUFFER POLICY. I HAVE SCOURED ALL OF THE COUNCIL RESOLUTIONS AND ORDINANCES AND I CANNOT FIND THAT. AND THE SAYING THAT IT WAS STARTED IN 1976. I HAVE MINUTES FROM PLANNING, PLANNING COMMISSION IN 1978 WHERE THEY'RE TALKING ABOUT DEVELOPING THE POLICY. SO WHEN DID IT ACTUALLY HAPPEN? I DO HAVE A DOCUMENT CALLED THE US 180 3 STUDY, WHICH IS CITED AND IT SAYS NOTHING ABOUT 120 FEET AND IT HAS HANDWRITTEN IN IT JOLLYVILLE ROAD STUDY, HANDWRITTEN IN PENCIL, AND THE CITY DOESN'T HAVE A COPY OF THAT POLICY AS FAR AS I CAN TELL. THE BRISCOE CENTER HAS IT IN ITS DEEP ARCHIVES. I'VE REQUESTED IT AND HAVEN'T RECEIVED IT YET. . SO , YOU KNOW, I'VE REALLY TRIED TO FIND THE PROOF THAT THIS POLICY EXISTS. UM, BUT EVEN IF IT DID, IF IT'S 44 YEARS OLD AND PLANNING POLICIES SHOULD BE UPDATED EVERY 10 YEARS AND DON'T GO THERE . YOU KNOW, AND, AND WE'RE TALKING ABOUT A STUDY THAT WAS BASED ON A CONCERNS ABOUT A TRANSITION FROM A RURAL AREA TO A SUBURBAN AND URBAN ONE, AND CONCERNS ABOUT HOW 180 3 WAS USED AT THAT TIME AS GETTING ACROSS TOWN, BUT THEN STARTED BEING USED AS A LOCAL CONNECTOR AS WELL. THESE CONDITIONS ARE JUST NOT THE SAME AS THEY WERE IN 1976 OR 78 OR 84 OR 85 OR WHATEVER DATE YOU PULL FROM THESE VARIOUS STAFF REPORTS THAT ARE NOT CONSISTENT. AND SO I JUST DON'T, I DON'T BUY IT, I DON'T THINK IT MAKES ANY SENSE. UM, TERRY, SO WE, TERRY I'M SORRY TO INTERRUPT, BUT YOU KNOW, I I I THINK WE GOT THE POINT ON THAT, SO I OKAY. I'D LIKE TO HAVE OTHER POINTS BROUGHT UP IF WE COULD SO WE CAN MOVE ON WITH THIS CASE. YEP. IF THERE'S A CURRENT, YOU KNOW, YOU KNOW, IF THERE'S A CON, IF WE, I, I COMPLETELY AGREE THAT WE NEED MORE PLANNING MORE BEYOND 40 YEARS. WE NEED NEIGHBORHOOD LEVEL PLANNING, BUT, YOU KNOW, I DON'T WANT TO DO THIS ONE LITTLE ZONING CASE AT A TIME. I WANTED TO BE MORE COMPREHENSIVE AND I, I THINK WE'VE GOT THE POINT HERE, SO I'D LIKE TO MOVE ON. THANK YOU. OKAY. DID WE, AND I CAN'T REMEMBER, DID WE VOTE ON THE MOTION OF STAFF RECOMMENDATION? OKAY, SO LET'S GO AHEAD AND TAKE A VOTE. ALL THOSE IN FAVOR OF THE MOTION OF STAFF SUPPORTING STAFF RECOMMENDATION. SO THAT'S KING DINKLER, STERN AND THOMPSON AND THEN ALL THOSE OPPOSED. AND THEN ABSTENTIONS. SO COMMISSIONER DINKLER, I MEAN COMMISSIONER GREENBERG WAS ABSTAINING, SO WE GO FORWARD WITH NO RECOMMENDATION, WHICH I THINK IS FINE. OKAY, [7. Rezoning: C14-2022-0170 - Dessau Ridge Development; District 7] LET'S MOVE ON TO ITEM NUMBER SEVEN ABOUT DECAL RIDGE LANE. AGAIN, MR. WAITES. ALL RIGHT, SO THIS IS CASE C 14 20 22 1 70 DES HALL RIDGE DEVELOPMENT. IT'S LOCATED AT 1509 DES HALL RIDGE LANE. THE STAFF'S OR THE REQUEST IS FROM L O C O TO MF THREE ZONING. THE STAFF RECOMMENDS MF THREE MULTI-FAMILY RESIDENCE MEDIUM DENSITY DISTRICT ZONING. THE PROPERTY IN QUESTION IS CURRENTLY UNDEVELOPED AND MODERATELY VEGETATED. IT IS LOCATED ON A RESIDENTIAL COLLECTOR STREET ADJACENT TO THREE PRIMARY EDUCATIONAL FACILITIES. THE LOTS TO THE NORTH ACROSS SAU RIDGE LANE ARE ALSO ZONED L O C O AND DEVELOPED WITH AN OFFICE COMPLEX. THE TRACKS OF LAND TO THE SOUTH AND WEST ARE ZONED DR. AND ARE DEVELOPED WITH [00:45:01] TWO ELEMENTARY SCHOOLS AND A MIDDLE SCHOOL. THERE IS A RELIGIOUS ASSEMBLY USE TO THE EAST FRONTING DESSAU ROAD. IN THIS CASE, THE APPLICANT IS SEEKING MF THREE ZONING TO DEVELOP A 46 UNIT MULTI-FAMILY COMPLEX ON THE SITE. THE STAFF IS RECOMMENDING MULTI-FAMILY RESIDENTS, MEDIUM DISTRICT DENSITY, DISTRICT ZONING, TONGUE TIRE, UH, FOR THIS TRACT LAND BECAUSE IT MEETS THE INTENT OF THE MF THREE DISTRICT. THE SITE UNDER CONSIDERATION IS LOCATED ON A RESIDENTIAL COLLECTOR STREET DIRECTLY ADJACENT TO EXISTING EDUCATIONAL FACILITIES. THERE ARE SUPPORT SERVICES IN THIS AREA AS THE LOTS OF THE NORTH ARE DEVELOPED WITH OFFICE USES AND TO THE EAST IS DEVELOPED WITH THE CIVIC USE. THE PROPERTY IS ONE BLOCK FROM DESSAU ROAD AND MAJOR ARTERIAL ROADWAY AND ACTIVITY CORRIDOR WHERE THERE ARE NUMEROUS COMMERCIAL USES AND SERVICES. IT IS LOCATED WITHIN THE DESSAU PALMER NEIGHBORHOOD CENTER AS DESIGNATED BY THE IMAGINE AUSTIN COMPREHENSIVE PLAN. AND AGAIN, I'M HERE IF YOU HAVE QUESTIONS. THANK YOU. IS THE APPLICANT HERE OR THANK YOU CHAIR? YES, WE HAVE THE APPLICANT ON THE TELECONFERENCE. UH, MR. FADI, UM, JUST SELECT STAR SIX AND PROCEED WITH YOUR MARKS. YOU'LL HAVE, UH, FIVE MINUTES. YES. UM, WE SPOKE WITH ANN DECKER, UH, THIS AFTERNOON AS WELL IN REGARDS TO THE DEVELOPMENT, AS WELL AS JUST SOME QUESTIONS AND CONCERNS WE HAD OR SHE HAD. UM, AND, UH, WE SPOKE A LITTLE BIT IN BRIEF ABOUT, UH, ALTERING THIS USE FROM LO TO THE MF THREE ZONING. SO WE HAVE GOTTEN THE PRELIMINARY APPROVAL FROM STAFFS RECOMMENDING THIS, UH, ZONING. AND WE HAD, UH, IF YOU REFERENCE A PROPOSED ZONING MAP THIS, WHILE THE SITE IS NOT IN THE FLUM, IT'S JUST OUTSIDE THE FLUM, UH, THE PROPOSED ZONING MAP THAT THE CITY OF BOSTON HAS FOR THIS DISTRICT RECOMMENDS FOR MU THREE DASH Q OR LOW RISE MIXED USE, UM, DEVELOPMENT. AND THAT'S EXACTLY WHERE OUR INTENT IS TO PROPOSE HERE. UH, WE WANNA REVITALIZE THE AREA OVER THERE, UM, CONSIDERING THAT THERE HASN'T BEEN MUCH DEVELOPMENT IN THE AREA, AS WELL AS PROVIDE A FORM OF ATTAINABLE HOUSING, UH, FOR THE NEIGHBORING COMMUNITY. THAT BEING THE SCHOOLS, THE HOMES, THE OFFICES, UM, YOU KNOW, THE INDUSTRIAL LABOR THAT'S LOCATED, UH, THE INDUSTRIAL LABOR MARKET THAT'S, UH, LOCATED JUST EAST OF THIS SITE A LITTLE BIT FURTHER SOUTH. UM, AND WE JUST WANNA UPLIFT, UH, THE COMMUNITY WITH, UH, A NICE NEWER DEVELOPMENT AND UH, UH, SOME CLEAN HOUSING FOR THE FOLKS THAT GO TO SCHOOLS THERE, UH, WORK THERE, LIVE THERE. UM, AND SO WE ARE OPEN TO ANY QUESTIONS THAT ANYONE MAY HAVE, BUT, UH, THAT'S OUR OUTLOOK ON IT AND, UH, HENCE THEIR REASON FOR THE DENSITY THAT WE ARE REQUESTING AS WELL. . THANK YOU. OKAY. ANY OTHER SPEAKERS? CHAIR COMMISSION LEE ON ANNE ROSE. SO WE DON'T HAVE ANY SPEAKERS IN OPPOSITION. I DUNNO IF YOU WANT TO, UH, PROVIDE THREE ADDITIONAL MINUTES OR IF THE APPLICANT DESIRES, DO YOU, YOU CAN ASK. I DON'T, I DON'T THINK WE NEED IT. YEAH. UM, OKAY. SO, UM, I WOULD MOVE TO CLOSE THE PUBLIC. UH, WELL LET ME ASK A QUICK QUESTION OF THE APPLICANT. UH, WERE YOU OKAY WITH LIMITING THE NUMBER OF UNITS TO 58, WHICH IS WHAT WE DISCUSSED, YOU WERE PROPOSING 46 AS OUR CASE MANAGER, UH, INDICATED THAT YOU WERE OKAY WITH LIMITING THE MF THREE ZONING TO 58 UNITS, CORRECT? YES, THAT IS CORRECT. ALRIGHT, THANK YOU. MM-HMM. , THANKS. AND I, I JUST WANNA FOLLOW UP, IS THAT BECAUSE YOU, BECAUSE IT'S LIMITED DUE TO FLOODPLAIN OR SOME OTHER TOPOGRAPHICAL RESTRICTIONS, JUST GIVEN THE SIZE OF THE SITE, THAT'S THE MAXIMUM NUMBER OF UNITS YOU THINK YOU COULD CONSTRUCT? THAT IS CORRECT, YES. OKAY, OKAY THEN I'M OKAY WITH THAT. YEAH, I MEAN, IF I COULD GO AHEAD, GO AHEAD. IN GENERAL, I DON'T LIKE RESTRICTING DENSITY. AND THIS IS A SITE THAT'S GOT COMMERCIAL RIGHT OF, IT'S GOT USES RIGHT ACROSS THE STREET. IT'S GOT AN ELEMENTARY SCHOOL RIGHT THERE. WE NEED MORE DENSITY. UM, AND SO I'M GENERALLY NOT IN FAVOR OF COMING IN AND RESTRICTING DENSITY, BUT IF THE APPLICANT SAYS HE CAN'T FIT IT ON THERE ANYWAY, THEN I DON'T HAVE A PROBLEM. YEAH. TO BE CLEAR, I DON'T CARE ABOUT OVER PARKING. I, THERE'S A SEA OF, THERE'S SEAS OF PARKING AROUND THIS. THERE'S PLENTY OF ROOM TO PARK CARS. YES. SO IT DOESN'T BOTHER ME AT ALL THAT THE ROAD IS PARKED UP. UM, GO AHEAD, COMMISSIONER STERN. YEAH, I, UH, I ALSO WANTED TO MENTION, UM, ON THE STAFF REVIEW OF THIS IN THE TRANSPORTATION SECTION, IT UM, IT DOESN'T MENTION THAT THIS IS WITHIN THE DESSA PICKUP ZONE. UH, AND THAT MEANS THAT ANYBODY WHO LIVES HERE CAN EITHER CALL OR USE A MOBILE APP AND HAVE A 10 PASSENGER VAN FROM CAT METRO PICK THEM UP AND DROP THEM ANYWHERE IN [00:50:01] THE DROP ZONE BETWEEN TECH RIDGE AND BREAKER LANE, UM, BETWEEN I 35 AND DESSA. SO, UM, IT IS POSSIBLE FOR PEOPLE TO LIVE CAR LIGHT IN THIS AREA. AND IN ADDITION, HAVING, UM, YOU KNOW, MULTI-FAMILY HOUSING NEXT TO A MIDDLE AND AN ELEMENTARY SCHOOL IS, UM, PROBABLY A GOOD MOVE AND KIDS RIDE FREE . NICE. ANYTHING ELSE? YES. YES. COMMISSIONER GREENER. UM, I WOULD LIKE, UH, THE PICTURE THAT'S CALLED PARKING TO BE, UM, BROUGHT UP. SO I SPOKE TO, UM, MR. WILLIAMS WHO, UM, PROVIDED SOME OBJECTION IN THE BACKUP AND HE EXPLAINED TO ME THAT I GUESS SOME OF THE NEARBY APARTMENTS DON'T PROVIDE ADEQUATE PARKING. AND SO THIS STREET IS USED FOR PARKING ON BOTH SIDES, WHICH WOULD BE FINE CUZ THE STREET LOOKS PLENTY WIDE. THE DIFFICULTY IS, UM, FOR HIM, AND I'M SURE FOR OTHERS, IS THAT, UM, THAT'S AN ELEMENTARY SCHOOL AND AT DROP OFF AND PICKUP TIME, YOU, THERE'S A LONG QUEUE OF PARENTS DROPPING CHILDREN OFF AND PICKING UP CHILDREN. AND SO THERE'S TWO LANES USED FOR PARKING AND THEN TWO LANES USED FOR THE PICKUP DROP-OFF QUEUE. UM, WHICH MEANS THAT HE CANNOT SCHEDULE CLIENTS. UM, HE'S HAS A, A OFFICE IN THE, UM, OFFICE CONDOMINIUMS THAT ARE CROSSED FROM THIS PARTICULAR PROPERTY. HE CANNOT SCHEDULE CLIENTS FOR AN HOUR IN THE MORNING AND AN HOUR IN THE AFTERNOON DURING THE DROP OFF TIME. SO, UM, I KNOW IT CAN'T BE ADDED AS A CONDITIONAL OVERLAY, BUT I JUST WOULD LIKE TO MAKE A RECOMMENDATION THAT PARKING BREED PROHIBITED ON BOTH SIDES OF THE STREET SO THAT THIS STREET, UM, CAN ALLOW ACCESS BECAUSE THE APARTMENTS IS GONNA BE ON DESAL RIDGE LANE. SO IT'S IMPORTANT THAT THE UM, PEOPLE OF COURSE, COMING INTO THOSE OFFICE CONDOMINIUMS THAT YOU SEE ON THE RIGHT AND THE NEW APARTMENTS THAT WILL BE BUILT ON THE LEFT, UM, ARE ABLE TO GET IN AND OUT, UM, DURING THE SCHOOL DROP OFF AND PICK UP TIMES. SO I HAVE THIS FANCY APP ON MY COMPUTER THAT LETS ME WATCH AERIAL VIEWS AT DIFFERENT PERIODS OF TIME. AND AT THIS PERIOD OF TIME THEY'RE CONSTRUCTING, YOU CAN SEE THE GREEN IN THE FAR BACKGROUND, THE MIDDLE SCHOOL WAS CONSTRUCTING AN ADDITION. AND I THINK ALL OF THESE TRUCKS ARE CONSTRUCTION WORKERS AT THAT PLACE BECAUSE WHEN I LOOKED AT DIFFERENT AERIAL VIEWS, THERE WASN'T PARKING UNTIL THIS THING WAS UNDER CONSTRUCTION. SO I'M HESITANT TO MAKE A RECOMMENDATION LIKE THAT BECAUSE I THINK IT IS REALLY JUST THE CONSEQUENCE OF THIS ONE THING. BUT I COULD BE WRONG, BUT THAT'S MY GUT IS THAT THIS IS VERY, THEY'RE ALL PICKUP TRUCKS. YEAH. IT'S VERY STRANGE. THEY ARE MOSTLY PICKUP TRUCKS. I DO SEE THE VEHICLE CARS, THEY'RE A COUPLE CARS VEHICLE, BUT YOU KNOW, IF YOU LOOK TO THE NORTH OF HERE, LIKE YOU SAID, IT'S THOSE OFFICE CONDOMINIUMS. SO, SO, AND THAT PARKING LOT IS EMPTY AND THERE'S NOTHING, THERE'S NO APARTMENTS NEARBY HERE THAT THESE TRUCKS WOULD BELONG TO. AND THE PARKING LOT AT THE SCHOOL LOOKS LIKE, YOU KNOW, TEACHER CARS OR WHATEVER. SO I JUST, I UNDERSTAND THAT IT CAN GET VERY CONGESTED AT UNDER NORMAL CIRCUMSTANCES THERE WOULD BE NO NEED TO USE THIS, UM, DESAR RIDGE DRIVE FOR PARKING. RIGHT. AND SO HAVING NO PARKING ALLOWED WOULD HAVE NO, WOULD NOT CREATE ANY PROBLEMS. I MEAN, THE ONLY THING I WOULD AGREE TO IS SAYING CHARGE FOR PARKING BECAUSE PARKING IS A CHAIR COMMISSION WAS ON ANDREW. SO, UH, JUST A REMINDER THAT THAT'S NOT A CONDITION THAT YOU CAN PLACE IN A RECOMMENDATION. WELL, I WOULD LIKE TO SHOW THE OTHER SLIDE, UM, THAT I PROVIDED. IF YOU LOOK AT THIS, WE'VE ADDED CONDITIONS TO OUR MOTION THAT AREN'T IN A CONDITIONAL OVERLAY. THEY'RE JUST THINGS THAT WE WANT COUNSEL TO CONSIDER AND WE CAN ADD THAT TO OUR MOTION. OKAY. IT WON'T BE PART OF YOUR FORMAL, UH, RECOMMENDATION. IT WON'T BE REFLECTED IN YOUR MINUTES. YEAH. OKAY. OKAY. CAN I, IT'S FINE. GO AHEAD. I MEAN, I WOULD NOT SUPPORT LIMITING PARKING ANYWHERE NEAR AN ELEMENTARY SCHOOL. YOU'VE GOT TOO MANY TIMES WHEN PTA MEETS, WHEN SCHOOL MEET AND YOU HAVE PARENTS LOOKING FOR A PLACE TO PARK AND THEY'RE GONNA BE PARKING ON THAT STREET AND IT'S THE ONLY PLACE FOR THEM TO PARK. AND IF YOU GO AROUND ANY NEIGHBORHOOD WHERE THERE'S AN ELEMENTARY SCHOOL, THERE ARE TIMES DURING THE DAY WHEN YOU'VE GOT TO HAVE PLACES FOR THOSE PARENTS TO [00:55:01] COME IN AND PARK. AND IF YOU'RE NOT ALLOWED TO PARK THERE, THEY'RE NOT GONNA COME SEE THEIR KIDS AT SCHOOL AND THERE'S GONNA BE A EVEN BIGGER PROBLEM. SO IF IT WEREN'T FOR THE ELEMENTARY SCHOOL, I'D UNDERSTAND, BUT WITH AN ELEMENTARY SCHOOL RIGHT THERE AND ANOTHER SCHOOL RIGHT BEHIND IT, I THINK YOU'RE GONNA HAVE TO ALLOW PARKING ON THAT FOR THOSE PARENTS TO BE ABLE TO GET INTO THAT SCHOOL. THAT'S, THAT'S MY ONLY CONCERN. MY HAVING RAISED THREE KIDS THROUGH A I S D AND SEEING WHAT SCHOOL AREA PARKING LOTS LOOK LIKE . NO, THESE ARE PROBLEMS AT SCHOOLS FOR SURE. YEAH. SO THEY CAUSED THAT PROBLEM BY, UM, YEAH, THERE'S NOT ENOUGH DRIVING THEIR CHILDREN TO SCHOOL. YES. YEAH. YES. THAT, THAT'S THE CONCERN I'VE GOT ABOUT LIMITING PARKING ON THAT ROADWAY. SO DO WE NEED TO, UH, REMIND ME WHERE WE ARE? SO WE, UM, WE HAVE A MOTION IN A A SECOND, UH, DO WE HAVE A MOTION? I HAVE YOU MADE A MOTION? I, I SUGGESTED, WELL, I'LL MAKE IT JUST TO MAKE SURE IT'S OFFICIALLY OKAY. I MOVE, UH, STAFF RECOMMENDATION OF MF THREE ZONING WITH A UNIT CAP OF 58. UM, AND THEN, UM, IF THERE'S A DESIRE FOR FRIENDLY AMENDMENT ON DIRECTING, UM, UH, ON PARKING, YOU KNOW, THAT CAN BE MADE AS A SEPARATE MOTION. MY WHOLE REASON FOR DOING THIS IS WHEN I SAW THE CAP THAT THE APPLICANT WAS SAYING HE WANTED 46 UNITS, THAT TO ME LOOKED LIKE MF TWO ZONING BECAUSE MF TWO AS A CAP OF 23 UNITS PER ACRE. SO THAT'S WHAT GENERATED THE QUESTION OF WHY DID HE NEED THE MF THREE. AND AT 58 HE'LL GET MORE IMPERVIOUS COVER, MORE BUILDING SQUARE FOOTAGE, BUT THE HEIGHT LIMIT WAS SAME. SO FOR ME, UH, THE UNIT CAP WAS MORE REFLECTIVE OF WHAT I, I THOUGHT HE WAS REALLY PROPOSING. UM, AND IT IS APPROPRIATE TO PUT APARTMENTS NEAR SCHOOLS. UM, SO MY MOTION IS, UH, MF THREE WITH A UNIT CAP OF 58. WAS THAT A SECOND COMMISSIONER KING, OR DID YOU WANNA UNMUTE? I'LL SECOND THAT. YES, BUT I DID ALSO HAVE A A, A COMMENT. OKAY, GO AHEAD. OKAY, THANK YOU. UH, SO, UH, THE, IN TERMS OF, UH, THIS, THIS IS PFLUGERVILLE IS S D SO I I I'M NOT SURE THAT PROBABLY, YOU KNOW, WE CAN YOU, I KNOW AIS S D REVIEWS THESE KINDS OF ZONING CHANGES, UH, FOR IMPACTS ON THE SCHOOL, BUT I DON'T, I GUESS WE DON'T HAVE THAT KIND OF AGREEMENT WITH PFLUGERVILLE, IS THAT CORRECT? STAFF? THAT WAS A QUESTION FOR STAFF. SHE'S COMING. I, I BELIEVE YOU'RE ASKING ABOUT THE EIS S THE EDUCATION IMPACT STATEMENT. RIGHT, RIGHT. WE, WE HAVE, SO WE DO SEND THEM TO OTHER SCHOOL DISTRICTS, BUT WE DON'T USUALLY RECEIVE RESPONSES . SO, UM, WE DO FROM A I S D BECAUSE OBVIOUSLY THEY'RE AWARE OF THE PROCESS AND ARE INVOLVED. OKAY. UM, BUT MANY OF THE OTHER SCHOOL DISTRICTS, LEANDER, ROUND ROCK, LOUISVILLE, WE DON'T USUALLY GET A RESPONSE. THERE ARE SEVEN SCHOOL DISTRICTS IN THE CITY OF AUSTIN. I'M JUST TALKING ABOUT THE ONES THAT ARE IN MY AREA. YES. WE, WE USUALLY SEND THEM IN. YEAH. THANK YOU. WELL, I'M, I APPRECIATE THAT THE STAFF STILL ASK FOR THAT INFORMATION FROM THE SCHOOL DISTRICT, SO THEY HAVE AN OPPORTUNITY. BUT MAYBE IN OUR RECOMMENDATION HERE IN THE MOTION, WE COULD SAY, UH, RECOMMEND THAT, UH, THE CITY COORDINATE WITH THE, UH, FLICKERVILLE IS S D ON PARKING REVIEW FOR THIS, THIS SITE. JUST, JUST, AND, AND THAT'S JUST TO, SO, SO THAT THE SCHOOL DISTRICT CAN SAY, WE UNDERSTAND THAT THERE MAY BE TIMES WHEN THE PARENTS NEED TO HAVE PRIORITY TO ACCESS, YOU KNOW, AND THAT KIND OF SAFE ACCESS, THAT KIND OF THING. IT'S JUST A PARKING REVIEW WITH, UH, AL I S D AND, AND THE CITY OF BOSTON SOMETHING MAY THIS PART OF THE MOTION, IT COULD BE A NOTE, BUT WE CAN'T REQUIRE IT IN A MOTION. RIGHT. AND IT WOULD BE AN OFFSITE REQUIREMENT. YOU, YOU'RE, YOU'RE REQUIRING A SCHOOL DISTRICT THAT DOESN'T OWN THIS PROPERTY TO, YOU KNOW, BE INVOLVED IN THE SITE PLAN PROCESS. SO YEAH. YEAH. OR, OR JUST RECOMMEND THE CITY TOUCH BASE WITH THE ISD, FLICKERVILLE, I S D ABOUT THIS AND WE CAN NOTE IT IN THE MINUTES. BUT LIKE I SAID, I'M NOT SURE THERE'S ANYTHING LEGAL THAT BINDING THAT WE COULD DO. I UNDERSTAND. I UNDERSTAND. THANK YOU VERY MUCH, STAFF. I APPRECIATE IT. ELEMENTARY. OH, DID SHE? MM-HMM. . OKAY. ANY OTHER QUESTIONS? WE HAVE A MOTION AND A SECOND. ANY OTHER DISCUSSION? ALL THOSE IN FAVOR OF THE MOTION THAT LOOKS UNANIMOUS? ALL THOSE OPPOSED AND ABSTAINING. OKAY. THANK YOU. OKAY. CHAIR, WE HAD ONE ABSTENTION, IS THAT CORRECT? YES. YES. COMMISSIONER THOMPSON. OKAY. THANK YOU. EVERYBODY ELSE VOTED FOR IT? YES. THANK YOU. OKAY. I CAN'T SEE ALL THE OTHER HANDS, SO THANK YOU . SURE. UM, SO WE'RE MOVING ON TO ITEM NUMBER 15, WHICH IS DISCUSSION OF POSSIBLE ACTION REGARDING MATTERS RELATED TO ANY PROPOSED REVISIONS OF THE LAND DEVELOPMENT CODE. UM, WHICH I DON'T THINK WE HAVE ANYTHING TO DISCUSS TODAY, BUT [16. Discussion, “Thanks for service on the Zoning and Platting Commission.” (Sponsors: Chair Barrera-Ramirez and Vice-Chair Kiolbassa)] [01:00:01] WE DO HAVE ITEM 16, WHICH IS TO SAY THANK YOU FOR YOUR SERVICE ON THE ZONING AND PLANNING COMMISSION. AND I'M NOT SURE IF THERE IS A PRESENTATION OR A OH MY GOSH, NO, NO. FOR JUST SAYING THANK YOU, . I DID, I'M SORRY. YOU CAN GIMME ALL YOUR THINGS, BUT A FEW OF US, LIKE I AM TERMED OUT. I HAVE BEEN HERE FOR ALMOST EIGHT YEARS, SO HARD TO BELIEVE, ISN'T IT? AND I'VE BEEN CHAIR FOR ABOUT ALMOST LIKE FOUR AND A HALF YEARS, MAYBE FOUR AND THREE QUARTERS YEARS. AND I KNOW THAT, UM, COMMISSIONER DANK IS ALSO MORE TIME. WE ARE TWO, THE TWO ORIGINAL PEOPLE WE SHOWED UP HERE IN 2015. AND WE, LIKE, WE BARELY KNEW EACH OTHER AT ALL. I MEAN, MOST OF YOU, I, I, EXCEPT FOR COMMISSIONER GREENBERG AND COMMISSIONER KING A LITTLE BIT, BUT, SO IT'S BEEN, I JUST WANTED TO SAY IT'S BEEN GREAT AND I'VE LEARNED SO MUCH AND, UM, I'M GONNA MISS YOU ALL. SO I CAN SAY THAT. AND ALSO, I WILL SAY THAT I THINK WE'VE BEEN A REAL LEADER IN A FEW THINGS, LIKE IN PROCEDURE. UM, WE USED TO, IT USED TO BE A LITTLE BIT WILLY-NILLY, BUT NOW WE'RE A LOT MORE ORGANIZED WITH CLOSING THE PUBLIC HEARING AND HEARING EVERYBODY BEFORE WE, BEFORE WE HAVE OUR DISCUSSION, BEFORE WE ASK PEOPLE QUESTIONS. SO I THINK IT'S GOTTEN A LOT SMOOTHER. AND WE ACTUALLY ALSO STOPPED FRIENDLY AMENDMENTS AND COUNCIL EVEN TOOK THAT UP FOR A WHILE. SO I THOUGHT THAT WAS PRETTY GOOD. AND WE DID A LOT OF GREAT RECOMMENDATIONS. AND WE ALSO OPENED UP PUBLIC DISCUSSION TOO FOR CODE NEXT. WE HAD OUR SATURDAY MORNING SESSION ON CODE NEXT AT THE ASIAN AMERICAN RESOURCE CENTER, AND I THOUGHT THAT WAS PRETTY GREAT. SO, AND I COULD GO ON AND ON. I SHOULD JUST SEND OUT A PRESS RELEASE. NO, JUST KIDDING. . BUT IT'S BEEN GOOD. AND I THINK WE'VE BEEN GOOD AND WE HAVE SHED A LOT OF LIGHT ON ISSUES AFFECTING TWO THIRDS OF AUSTIN'S GEOGRAPHIC AREA THAT DOESN'T GET THE MEDIA ATTENTION, BUT STILL HAS TO DEAL WITH LOCALIZED FLOODING, FIREWISE, URBAN STREAMS, YOU KNOW, EVERYTHING IN INADEQUATE INFRASTRUCTURE. SO THANK YOU AND THANK YOU, ANDREW, FOR BEING GREAT FOR SIX. I THINK YOU'VE BEEN WITH US FOR SEVEN YEARS, AND THANK YOU STAFF, MR. WAITES AND STAFF LOOKING AT SHERRY. SO THANK YOU AND THANK YOU EVERYBODY. IT'S BEEN, IT'S BEEN REALLY WONDERFUL. SO IT WAS AN AGENDA ITEM, JUST SO THAT I COULD SAY THANK YOU AND SAY THAT ZAP IS REALLY GREAT. SOMEBODY GIVE ME SOME TISSUES. I KNOW. . OKAY. I'D ALSO LIKE TO THANK, UM, VICE CHAIR FOR HER TIME AS CHAIR AND OUR CURRENT CHAIR. YES. UM, THE, THE MEETINGS, YOU KNOW, WE DON'T ALL AGREE ON EVERYTHING, BUT THE MEETINGS RUN SMOOTHLY AND FAIRLY. UM, THERE HAVE BEEN TIMES ON EARLIER CHAIRS WHERE I FELT LIKE PEOPLE WERE STIFLED FROM SPEAKING AND, AND, UM, I THINK THINGS ARE, UM, RUN MUCH BETTER. AND I KNOW YOU'VE BEEN RUNNING THESE MEETINGS UNDER THE DIFFICULT CIRCUMSTANCES WITH THE, YOU KNOW, HYBRID AND ONLINE AND COVID AND SHOWING UP WHEN NO ONE ELSE WANTS TO COME INTO DOWNTOWN. UM, SO I REALLY WANNA THANK BOTH THE CHAIR AND THE VICE CHAIR. THANK YOU. OH, AND ESPECIALLY CHAIR BURRERA RAMIREZ, BECAUSE SHE HAS BEEN HERE PRACTICALLY BY YOURSELF, HIMSELF, , I MEAN, THAT TAKES, THAT JUST IS SO SPECIAL. THANK YOU. SURE. OKAY. WELL, AND MA'AM, MAY I JUST ADD, JUST, YOU KNOW, MY, MY THANKS ALSO, UH, AND YOU KNOW, TO JOLENE AND ANNE AND BETSY AND, AND HANK SMITH TOO. HE'S NO LONGER WITH US. AND BRUCE EVANS, YOU KNOW, I'VE ALREADY BEEN REAPPOINTED . YEAH. THINK THAT REAPPOINTED SWITCH, I'M SORRY. UH, BRUCE EVANS, IT'S NO LONGER WITH US. BRUCE EVAN COMMITTEE, STILL WITH US. THANK, THANKFULLY. UH, BUT, BUT THANK YOU KNOW, Y'ALL, YOU, YOU ALL HAVE HELPED ME, YOU KNOW, WITH THESE CASES AND LEARNING ABOUT THE ZONING CASES AND THE DIFFERENT NUANCES AND THE DIFFERENT ASPECTS OF OUR CODE AND THE DIFFERENT PARTS OF OUR CITY. SO I, I'VE REALLY, YOU KNOW, BEEN HONORED TO, TO SERVE WITH YOU ALL. AND, AND I DO THANK YOU ALL FOR HELPING ME ON THESE CASES. I REALLY RESPECT AND APPRECIATE YOUR PERSPECTIVE AND YOUR KNOWLEDGE, UH, AND YOUR DECISIONS THAT WE'VE MADE THROUGH THE YEARS ON, ON, ON THIS, UH, ON THIS, UH, ZONING AND PLANNING COMMISSION. JIM DUNCAN, UH, THANK HIM. YOU KNOW, PLANNING WAS A BIG THING FOR HIM. AND IF THAT'S ONE OF THE WORDS I WOULD LIKE TO, IF YOU KNOW WHEN MY TERM IS UP, WHICH IT MAY BE COMING PRETTY SOON, YOU KNOW, I, I'D CERTAINLY APPRECIATE THE OPPORTUNITY TO SERVE HERE AND, AND, AND ALSO, BUT IF I COULD LEAVE ONE, ONE POINT HERE. THAT WOULD BE TO DO MORE PLANNING AT THE SMALLER SMALL AREA LEVEL, IN THE NEIGHBORHOOD LEVEL, NEIGHBORHOOD AREA LEVEL PLANNING. WE NEED TO REALLY INVEST MORE IN THAT. I THINK A LOT OF THESE ISSUES THAT [01:05:01] WE TALK ABOUT CAN BE ADDRESSED THROUGH THAT PROCESS, AND I HOPE THE CITY WILL, WILL DO SOMETHING WITH THAT. UH, GOING FORWARD. UH, MAKE SURE I DON'T LEAVE ANYBODY OUT. SO, ANNIE A ANNA, UH, GARY, UH, AND NADIA VARA RAMIREZ. THANK YOU SO MUCH. I KNOW I'M LEAVING EVERY SOME NAMES OUT, BUT I, I WANT TO THANK YOU FOR YOUR LEADERSHIP. UH, ANDREW, THANK YOU SO MUCH FOR GE KEEPING OUR MEETINGS, YOU KNOW, ORGANIZED HERE AND ON TRACK, AND SHERRY AND WENDY, SHERRY SOIS AND WENDY RHODES. AND I KNOW I'M NOT LISTING ALL THE STAFF. THERE'S A LOT OF 'EM, BUT YOU ALL HAVE BEEN HERE FOR THE LONG TERM AND HELPING US AND MAKING EXCELLENT RECOMMENDATIONS ON THESE CASES. SO THANK YOU VERY MUCH FOR YOUR SERVICE. THANK YOU. COMMISSIONER KING. OKAY, I'M GONNA MOVE ON. FUTURE [FUTURE AGENDA ITEMS] AGENDA ITEMS? YES. COMMISSIONER KING, , NEIGHBORHOOD LEVEL PLANNING. , I'M WRITING IT DOWN. OKAY. YES. NEIGHBORHOOD LEVEL PLANNING. AND, AND I MAY NOT BE HERE TO BE PART OF THAT DISCUSSION. MAYBE I'LL BE ON THE OTHER SIDE OF THE DIAS, YOU KNOW, PROVIDING SOME INPUT. BUT ANYWAY, THANK YOU VERY MUCH. YES. UM, WE NEED TO CO POINT, I ASSUME A WORKING GROUP, UH, TO DEAL WITH RECOMMENDATIONS FROM ZAP TO, UH, CITY COUNCIL AND BUDGET OFFICE. MM-HMM. CHAIR COMMISSION. LADIES ON . SO WE ARE NOT POSTED TO FORMAL WORKING GROUP. I'M SAYING THIS IS FOR, FOR FUTURE AGENDA. AGENDA NOTED. YES. PERFECT. OKAY. MM-HMM. BUDGET RECOMMENDATIONS HERE. CHAIR. I'M SORRY. I KNOW WE NEEDED TO, WE NEED TWO SPONSORS FOR THESE ITEMS, IS THAT CORRECT? YES, I BELIEVE SO. SO, NEIGHBORHOOD LEVEL PLANNING. YOU KNOW, I, I WAS ONE. I DON'T KNOW IF WE HAVE ANOTHER. THANK YOU. COMMISSIONER THOMPSON. SO COMMISSIONER COSTA IS, IS THE SECOND TO PUT THAT ON THE AGENDA. AND THEN BUDGET RECOMMENDATIONS. COMMISSIONER DINKLER AND COMMISSIONER KING, WERE YOU SECOND? WERE YOU THE SECOND ON THE BUDGET RECOMMENDATIONS? SURE. I'LL BE SECOND. YOU BET. OKAY. THANK YOU. GREAT. ALRIGHT. COMMITTEE [COMMITTEE REPORTS & WORKING GROUPS] REPORTS, CODES AND ORDINANCES. WE DID NOT MEET. IT WAS CANCELED. WE HAVE A MEETING SCHEDULED FOR THE 15TH CHEMICALLY, BUT I DON'T KNOW WHAT THE AGENDA IS. OKAY. UM, AND THEN PLAN JOINT COMMITTEE COM. COMMIT CONFERENCE. A PLAN JOINT COMMITTEE. WE HAVE NOT MET, WE SORT OF MET RIGHT AFTER OUR LAST MEETING TWO WEEKS AGO. ? MM-HMM. . UM, BUT IT WAS REALLY JUST TALK ABOUT WHAT WE HAD COMING UP. OKAY. SO NOTHING WAS DECIDED. OKAY. AND THEN SMALL AREA PLANNING, JOINT COMMITTEE MEETING. OUR CALENDAR SAID WE WERE SUPPOSED TO MEET ON FEBRUARY 1ST AND . UM, YOU WERE BUSY STAFF. WELL, STAFF DIDN'T EVEN POST AN AGENDA OR JUST KIND OF FORGOT THE POWER WENT OUT. THERE MAY NOT HAVE BEEN ANY AGENDA ITEMS. OKAY. WELL THAT IS IT. SO WE ARE ADJOURNED. THANK YOU EVERYONE. ALL RIGHT. THANK YOU. YAY. YAY. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.