[Call to Order]
[00:00:04]
IS 6:00 PM TUESDAY, FEBRUARY 21ST, 2023.
I'D LIKE TO CALL THIS MEETING OF THE ZONING AND PLANNING COMMISSION TO ORDER.
THE FIRST THING I'M GOING TO DO IS CALL ROLL CALL COMMISSIONER ACOSTA.
AND WE HAVE A NEW COMMISSIONER, COMMISSIONER FOUTS.
AND I'M GONNA GIVE YOU A QUICK OPPORTUNITY TO INTRODUCE YOURSELF.
THIS IS MY FIRST MEETING HERE.
I'M REALLY EXCITED TO BE HERE AND SERVING THIS CITY, UH, HELPING DEALING WITH ALL OUR CHALLENGES AND LAND USE AND HOUSING AND ALL OF THAT.
SOMETHING I'VE BEEN PASSIONATE ABOUT, UH, SINCE I MOVED TO AUSTIN A FEW YEARS AGO.
AND, UH, YEAH, EXCITED TO HEAR EVERYONE'S THOUGHTS AND, UH, TRY TO SERVE THE CITY WITH, UH, THE SPINE GROUP OF PEOPLE.
UH, COMMISSIONER GREENBERG? HERE.
OH, IS THERE ANY PUBLIC COMMUNICATION? FIRST, WE'LL TAKE A LOOK AT THE MINUTES.
[1. Approval of minutes from January 17, 2023]
ARE THERE ANY COMMENTS ON THE MINUTES? GO AHEAD.I'LL LET MR. COMMISSIONER KING GO FIRST.
I DIDN'T SEE, I CAN'T SEE THE DYES THERE.
UM, I WAS GONNA SUGGEST WE POSTPONE IT BECAUSE UNDER SUB SOME OF THE SUBDIVISION CASES IN THE BACK, THERE WASN'T AN INDICATION OF WHAT OUR RECOMMENDATION WAS, SO, OKAY.
I THOUGHT IF WE POSTPONED IT, THAT WOULD GIVE ANDREW A CHANCE TO REFLECT WHAT HAPPENED.
DOES THAT CHAIR COMMISSION, MAY I SUGGEST, UH, TABLING AND THEN I CAN, UH, EMAIL IT TO THE GROUP, UH, LATER? THAT WORK DURING THE MEETING? YES.
SO WE'LL TABLE THE MINUTES AND THEN HE'LL EMAIL THEM OUT AND LET THE RECORD SHOW THAT COMMISSIONER ACOSTA HAS JOINED US.
[Consent Agenda]
ON TO READING THE CONSENT AGENDA.UH, ITEM NUMBER TWO C 14 20 22 1 42 BERG'S PROPERTY DISTRICT SIX WILL BE, UH, UP FOR DISCUSSION.
ITEM THREE ARE REZONING C 14 20 22, 110 76 0 5.
ALBERT ROAD, UH, IS STAFFED, IS REQUESTING POSTPONEMENT UNTIL MARCH 21ST.
ITEM FOUR A, REZONING C 14 20 22, 1 73, STILL HOUSE TWO, BUILDING FOUR IS ON THE CONSENT AGENDA.
ITEM FIVE, RE REZONING C 14 20 22, 1 67 PALMER FIELD HAS BEEN PULLED FOR DISCUSSION.
ITEM SIX, UH, PRELIMINARY PLAN C 8 20 22 0 3 3.
PRELIMINARY PLAN IS DISAPPROVED FOR REASONS AS SHOWN IN EXHIBIT C.
SO WE WILL BE DISCUSSING ITEMS TWO AND FIVE.
WAS ITEM THREE POSTPONED TO MARCH 7TH OR MARCH 21ST? I BELIEVE IT'S THE MOORE CHAIR COMMISSION, LADIES ON ANDOVER.
SO THAT'S BEEN UPDATED TO REFLECT IN POSTPONING TO MARCH 21ST.
SO IF THERE'S NO DISCUSSION, I'LL MAKE A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA AS READ, WHICH INCLUDES DISCUSSION OF ITEMS TWO AND FOUR, POSTPONEMENT OF ITEM THREE, AND DENIAL, I MEAN, SORRY, TWO AND 5, 1, 2, AND FIVE.
SO THAT'S SECONDED BY COMMISSIONER DINKLER.
ALL THOSE IN FAVOR OF THE CONSENT AGENDA AND CLOSING THE PUBLIC HEARING.
SO WE'LL GO AHEAD AND MOVE ON TO ITEM THOMPSON'S HERE ALSO.
OH, COMMISSIONER THOMPSON HAS ALSO JOINED US.
UM, SO WE'LL MOVE ON TO CHAIR.
I JUST WANTED TO SEE IF, UH, THE, THE VOTE HAVE REFLECTED COMMISSIONER THOMPSON OR NOT THAT LAST VOTE.
UH, THANK YOU COMMISSIONER KING.
I'VE ABSTAINED SINCE I MISSED THE BEGINNING OF IT.
[2. Rezoning: C14-2022-0142 - Birgani's Property; District 6]
TO ITEM NUMBER TWO, MR. SHIS, THE DEPARTMENT.THIS IS CASE C 14 20 22, 1 42 BERG'S PROPERTY.
THE ADDRESS IS LOCATED AT 12,604 BLACKFOOT TRAIL.
THE REQUEST IS FROM SF ONE ZONING TO GR M U ZONING, AND THE STAFF RECOMMENDS L R OR L O, I'M SORRY, L O M U, LIMITED OFFICE MIXED USE COMBINING DISTRICT ZONING FOR THIS PROPERTY.
SO THE PROPERTY IN QUESTION IS A, WAS FULLY ANNEXED BY THE CITY ON DECEMBER 31ST, 1997, AND IS CURRENTLY DEVELOPED WITH A SINGLE FAMILY RESIDENCE THAT IS ZONED SF ONE TO THE NORTH.
THERE'S A SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD WITH SF ONE ZONING.
THE ATTRACTIVE LAND TO THE SOUTH IS ZONED G R M U C O AND IS DEVELOPED WITH A RESIDENCE AND A RETAIL SALES USE USE
[00:05:01]
TO THE EAST ACROSS BLACKFOOT TRAIL.THERE ARE ADDITIONAL SINGLE FAMILY RESIDENCES ZONED SF ONE.
THE LOT TO THE WEST, HAS RR ZONING AND IS DEVELOPED WITH A DAYCARE FACILITY THAT FRONTS ONTO MCNEIL DRIVE.
IN THIS APPLICATION, THE PROPERTY OWNER IS REQUESTING A RE ZONING OF THIS RESIDENTIAL LOT, UM, FROM SF ONE TO M U TO DEVELOP UNDETERMINED USES ON THE SITE.
ACCORDING TO THE DEED, MR. BMI PURCHASED THIS PROPERTY IN 2014.
IN 1985, AN AMENDMENT OF THE CONDITIONS OF THE DEED WAS PROCESSED TO REMOVE A RESTRICTION THAT STATED THAT SAID, LAND SHALL BE USED FOR RESIDENTIAL PURPOSES ONLY, AND NO COMMERCIAL USE SHALL BE MADE THEREOF.
THEREFORE, THE STAFF RECOMMENDS L O M U LIMITED OFFICE MIXED USE COMBINING DISTRICT ZONING FOR THIS PROPERTY.
THIS SITE UNDER CONSIDERATION, MEETS THE PURPOSE STATEMENT OF THE L O M U DISTRICT.
THE PROPOSED OFFICE MIXED USE ZONING WILL PROVIDE A TRANSITION IN THE INTENSITY OF PERMITTED USES ON THE SITE FROM THE G M U ZONING AT THE INTERSECTION OF MCNEIL DRIVE AND BLACKFOOT TRAIL TO THE SINGLE FAMILY RESIDENTIAL USES IN SF ONE ZONING TO THE NORTH AND EAST.
THE REQUESTED G M U ZONING IS A COMMERCIAL MIXED USE CATEGORY THAT PERMITS MORE INTENSIVE USES THAT ARE NOT COMPATIBLE WITH RESIDENTIAL SETTINGS OR ALONG A RESIDENTIAL STREET SUCH AS BLACKFOOT TRAIL.
THE LOT UNDER CONSIDERATION DOES NOT MEET THE INTENT OF THE GR DISTRICT AS IT IS LOCATED MID-BLOCK AND TAKES ACCESS TO A LEVEL ONE NEIGHBORHOOD COLLECTOR INSTEAD OF A MAJOR TRAFFIC WAY.
LIMITED OFFICE TWO SUNNYS COMPATIBLE WITH THE RESIDENTIAL USES TO THE NORTH AND EAST OF THE SITE.
L LOM U ZONING WILL PERMIT THE MIXTURE OF LOW INTENSITY OFFICE, COMMERCIAL AND CIVIC USES AND RESIDENTIAL USES THAT PROVIDE SERVICES FOR THE RESIDENTIAL DEVELOPMENTS TO THE NORTH AND EAST OF THE PROPERTY UNDER CONSIDERATION.
AND I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
THANK YOU, BECAUSE NOW WE'LL HEAR FROM, UH, APPLICANT.
GOOD EVENING, MADAM CHAIR, HONORABLE MEMBERS OF THIS COMMISSION.
MY NAME IS FRANK F. FUENTES, AND I'M A VERY GOOD FRIEND OF THE OWN, UH, PROPERTY OWNER.
HE HAS A HARD TIME HEARING, SO HE'S ASKED ME TO COME AND HELP HIM PRESENT.
SO I AM HERE, UH, AS THE PRESENTER THAT SAID, UM, I DON'T WANT TO REITERATE ALL THE CHERRY SAID OTHER THAN IF WE COULD MOVE THE, UH, UH, VIGIL TO SHEET NUMBER THREE.
PLEASE, IF YOU CAN GO TO SHEET THREE, PLEASE, OR EXHIBIT THREE, KEEP GOING, PLEASE WRITE ONE RIGHT THERE.
THEY SAY, UH, IF A PICTURE, A PICTURE CAN PAINT A THOUSAND WORDS, A MILLION WORDS, THIS PICTURE CERTAINLY DOES LOT.
ONE IS THE PROPERTY IN QUESTION LOT FOUR, LOT THREE AND LOT TWO.
THAT'S THE SUBDIVISION THAT WE'RE TALKING ABOUT.
ALL THAT YOU SEE IN WHITE IS COMMERCIAL USE.
ALL THAT YOU SEE IN BLUE IS RESIDENTIAL.
UH, WHEN I SAW THIS CASE, I REALLY FELT THAT THIS IS NOT AN UNREASONABLE REQUEST IN THE SENSE THAT ALL HE WANTS TO DO IS BE CONSISTENT WITH WHAT THE SUBDIVISION THAT HE IS LIVING IN IS.
IT'S ONLY FOUR LOTS IN THAT SUBDIVISION.
THE SUBDIVISION TO THE, TO THE, I GUESS TO THE NORTH OF, OF LOT ONE.
I'M NOT SURE HOW THE, UM, ACCESS IS THERE, BUT ALL THE ONES THAT ARE IN BLUE THAT IS RESIDENTIAL, THE TWO RESIDENTIAL LOTS TO, UM, TO THE RIGHT OF LOT ONE AND LOT TWO, THEY ARE IN CONCURRENCE WITH HIS REQUEST.
IF WE CAN MOVE FORWARD TO THE OTHER PAGE, AND THAT JUST KIND OF TELLS YOU A LITTLE BIT OF HISTORY, UM, OF WHAT THIS PROPERTY HAS BEEN THROUGH THIS PROPERTY.
WHEN HE PURCHASED IT WAS NOT, UH, IN THE CITY.
IT WAS ANNEXED BY THE CITY, AND SO HE KINDA INHERITED THE CITY RULES, IF YOU WILL.
IF WE MOVE ON TO THE NEXT SLIDE, PLEASE.
WHAT YOU SEE IN HIGHLIGHT YELLOW, WHEN HE PURCHASED THE PROPERTY PROPERTY LATER ON IN 19, UH, 97, THAT LANGUAGE WAS ADDED AND THE LANGUAGE BASICALLY READS THEREFORE, AND IN CONSIDERATION OF THE SUM OF, AND, AND TALKS ABOUT THE DOLLARS.
BUT MORE IMPORTANTLY, IT SAYS, UM, AT THE VERY BOTTOM, IT SAYS, AGREE THAT THE RESTRICTIONS IMPOSE UPON THE PROPERTY ARE HEREBY AMENDED AND MODIFIED TO PROVIDE THAT THE PROPERTY IS NO LONGER RESTRICTED TO USED FOR RESIDENTIAL PURPOSES ONLY, AND MAY BE USED FOR ANY LAWFUL PURPOSES.
OBVIOUSLY, WHEN THE CITY AND UH, PIECE OF LAND, YOU HAVE TO GET IT ENTITLED.
THAT'S WHY YOUR COMMISSION EXISTS, AND THAT'S WHY WE ARE HERE.
IF WE CAN MOVE ON TO THE NEXT SLIDE, PLEASE.
UH, THAT'S NOT THE SLIDE I'M LOOKING AT.
YOU'VE GOT THE WRONG PACKAGE FOR ME.
OH, WELL, I AM LOOKING FOR THE SLIDE THAT SHOWS THE STREETS.
SO YOU SEE SANE BOULEVARD, YOU SEE LOS TRAIL,
[00:10:01]
YOU SEE BLACKFOOT TRAIL, DAKOTA LANE, CORPUS CHRISTI DRIVE, AND PALMER LANE.THOSE ARE ALL STREETS THAT ARE SIMILAR IN NATURE, BUT MORE IMPORTANTLY, ADJACENT TO BLACKFOOT TRAIL, WHICH IS WHERE HIS PROPERTY IS.
YOU SEE THE RED AND YOU SEE BLACKFOOT TRAIL, AND YOU SEE THE FOUR LOTS.
YOU SEE THE PROPERTY, WHICH SAYS PROPERTY.
YOU SEE THE STREET WHERE YOU SAY STORAGE, CARWASH, CSCO.
AS YOU CAN SEE, THOSE ARE EVEN MORE INTENSE AND THEY REALLY CUT INTO THE NEIGHBORHOOD.
SO AGAIN, OUR REQUEST THAT I JUST CAN'T SEE THAT IT IS UNREASONABLE.
YOU SEE THE MEDICAL OFFICE, UH, AND YOU CAN KEEP GOING ON TO THE OTHER STREETS, AND YOU'RE GONNA SEE, WELL, HERE IN THIS PARTICULAR CASE, THAT'S THE STREET NEXT TO BLACKFOOT TRAIL.
UH, YOU SEE THAT THERE'S EVEN ACCESS TO THE STORAGE FROM THE NEIGHBORHOOD, UH, UH, THE THE ADJACENT NEIGHBORHOOD.
AND YOU CAN CONTINUE TO SEE THE COMMERCIAL, UH, PROPERTIES THAT ARE ADJACENT TO ALL THE STREETS.
I DON'T WANT TO, I, I JUST THINK, DON'T THINK THAT THERE'S A LOT TO SAY OTHER THAN IT'S NOT AN UNREASONABLE REQUEST.
UH, I'D LIKE TO HEAR IF YOU HAVE ANY QUESTIONS.
I'D LIKE TO CONCLUDE JUST SIMPLY BY SAYING, I HOPE THAT YOU GIVE US THE BLESSING THAT WE NEED IN TERMS OF THE REQUEST THAT WE'RE ASKING, WHICH IS, UH, GR UM, EXCUSE M U GR M U.
AND BY THE WAY, THE PROPERTY IS SO INCREDIBLY SMALL.
IT'S 150 FEET BY, BY, UH, BY A HUNDRED FOOT.
PLUS, WITH ALL THE RESTRICTIONS THAT IT HAS ALREADY, YOU CAN ONLY REALLY DEVELOP ABOUT 55% OF IMPERVIOUS COVERAGE.
I DO HAVE MS. VANK REGISTERED, BUT I CURRENTLY DON'T HAVE HER ON THE LINE.
UM, IF I CAN HAVE, UH, MR. UH, BOB KING, UM, PROVIDE YOUR REMARKS.
I, I THINK I'M ON THE THREE MINUTE LIMIT BECAUSE FRANCINE'S NOT AVAILABLE YET.
TECHNOLOGY, UM, MY NAME'S BOB KING.
I LIVE ON, UH, ONE OF THOSE HOUSES OR LOTS THAT'S IN BLUE ON THE PRESENTATION.
UM, THERE'S, UM, CERTAINLY THERE, THERE'S NO QUESTION ABOUT ZONING ALONG MCNEIL.
IT'S IN A VARIETY OF DIFFERENT WAYS.
CAME IN IN A VARIETY OF DIFFERENT WAYS.
THERE'S A LOT OF HISTORY THAT IS KIND OF, UM, GLOSSED OVER.
IF YOU LOOK AT THE PRESENTATION THEY MADE WHERE ACCESS FROM THE STORAGE BUILDINGS, THE MINI WAREHOUSE, WHATEVER YOU WANT TO CALL IT, THAT IS A GATED AREA.
UH, I MIGHT HAVE SEEN IT USED DURING CHRISTMAS WHEN A COUPLE OF UPS GUYS WERE THERE.
DIDN'T KNOW WHY OR HOW, BUT IT'S, IT'S MORE LIKE A FIRE GATE AND ACCESS FOR THE FIRE DEPARTMENT.
AND, UM, SO, UM, IN LOOKING AT THE SURROUNDING AREA, I WOULD ASK YOU TO, IT'S REALLY HARD TO GO FROM THE VISUAL OF AN OVERHEAD TO WHAT THE STREET LOOKS LIKE.
AND I'M HOPING THAT FRANCINE'S, UM, POWERPOINT PRESENTATION WILL BE AVAILABLE TO SHOW YOU THAT THIS IS A HOUSE.
HE, MR. PAGANI BOUGHT IT AS A HOUSE.
HE BOUGHT IT FOR HIS DAUGHTER.
HE'S OFFERED IT AS A BUFFER TO THE PROPERTY.
HE WAS WANTING TO CHANGE THE ZONING ELEMENT.
UM, AND, UM, SO WE AS A NEIGHBORHOOD HAVE ALWAYS WANTED IT TO STAY THE WAY IT IS.
HE'S BEEN AWARE OF THAT, UH, SINCE, UM, I DON'T KNOW, CERTAINLY BEFORE 2017 AND DURING VARIOUS MEETINGS, WE'VE HAD CONCERNS.
UM, THE, UM, THERE'S A COMMENT IN HERE ABOUT COMPATIBILITY.
[00:15:02]
I'M NOT SURE THAT HOW WELL THAT WOULD PROTECT US, BECAUSE THERE'S A QUESTION WHETHER COMPATIBILITY WILL BE RELEVANT IN THE SHORT ORDER THAT IT MAY BE DONE AWAY WITH.WE, MY SISTER OWNS ONE OF THE LOTS HOUSES REALLY NEXT TO, UM, MR. BAG'S PROPERTY.
AND, UM, ALL OF OUR CONCERN GETS INTO THE SCALE OF A PROPERTY THAT COULD BE BUILT THERE, UM, THE SIZE, UM, OR MASS THAT COULD OCCUR.
AND IT SEEMS LIKE THAT THE INTENT, UH, WOULD ULTIMATELY BE TO JOIN THE TWO TRACKS TOGETHER, AND THAT WOULD CHANGE THE DYNAMICS OF WHAT'S CALLED A SMALL LOT INTO SOMETHING SIGNIFICANTLY D DIFFERENT.
SO WHEN YOU'RE CONSIDERING THIS, WE, WE AS A, UH, NEIGHBORHOOD WOULD MUCH PREFER, UM, SF ONE.
SO, UM, I STILL DON'T HAVE, I STILL DON'T HAVE MS. VAN GRIFF ON THE TELECONFERENCE.
IF I COULD HAVE, UH, SCOTT, UH, PROVIDE THE REMARK.
UH, SCOTT, YOU'LL HAVE THREE MINUTES.
F E H R I AM, UH, A, AN ADJACENT, UH, NEIGHBOR TO THE PROPERTY THAT'S UP.
UH, GOT THE, THE REZONING REQUEST.
MY BACKYARD FENCE LINE IS THE SIDE FENCE LINE, UH, BARTER TO THE PROPERTY IN QUESTION.
SO I LOOK OVER MY BACK FENCE AND THAT LOOKS STRAIGHT INTO THE SIDE OF, UH, THE HOUSE THAT, UH, 12 WHATEVER, OH, FORK AND THE BACKYARD.
UM, I'VE LIVED THERE FOR 30 YEARS, UH, RAISED MY TWO SONS THERE AND ENJOYED BEING SURROUNDED BY A VERY STRONG SINGLE FAMILY NEIGHBORHOOD ON ALL SIDES.
UH, WELL KEPT, UH, IT'S THE ONLY HOME MY SONS HAVE EVER KNOWN, AND THEY'LL INHERIT THE, THE PROPERTY.
WHEN I GO, UH, AS I SAID, MY BACKYARD, EXCUSE ME, I'M READING OFF NOTES.
SO KEEP MY LINE OF, UH, REASONING STRAIGHT BACKYARD SHARES A 91 FOOT PROPERTY BOUNDARY WITH, UM, UH, THE PROPERTY IN QUESTION.
AND I HAVE A NEXT DOOR NEIGHBOR TO THE SIDE THAT HAS JUST BEEN MENTIONED THAT ALSO SHARES A CONSIDERABLE PART OF HER, UH, BACKYARD FENCE WITH THE PROPERTY IN QUESTION.
SO BOTH OF US LOOK OVER THE BACK BACKYARD FENCE ONTO THIS PROPERTY.
UM, UP UNTIL RECENTLY, THERE WAS A HEAVY, UH, THAT THE PROPERTY WE'RE TALKING ABOUT IS HEAVILY WOODED OR WAS HEAVILY WOODED, UM, WITH MATURE OAK TREES.
NICE HEAVY SHADE COVER OAK TREES.
UP UNTIL RECENTLY, I WOULD LOOK OVER MY BACKYARD FENCE AND THERE WOULD BE THIS BEAUTIFUL CANOPY OF OAK MATERIAL, OAK TREES, WHICH WOULD BUFFER ME FROM LOOKING ON FURTHER, WHICH IS WOULD BE MCNEIL ROAD.
[00:20:02]
ME AND MCNEIL ROAD, HIS THREE LOTS THAT HE OWNS.IT'S NOT SOMETHING THAT YOU WOULD CHOOSE TO, TO BE EXPOSED TO ALL THE TIME'S, NOISY HEAVY TRAFFIC.
SO RECENTLY, UM, THE, UH, BERG MR. BE HAS REMOVED THREE MATERIAL TREES OUT HISS BACKYARD THAT I'M AWARE OF BECAUSE I SAW IT AND I SEE THE SAW DUST CIRCLES WHERE THEY WERE REMOVED IN THE ROOT.
IS THAT THE TIME? IT IS, YEAH.
CAN YOU, DO YOU MIND? I'M SORRY.
DO YOU MIND FINISHING YOUR THOUGHT? WELL, YEAH, LET ME GET TO THE BOY.
UH, SO THOSE TREES GOT CUT DOWN OPENING A BIG OPEN CORRIDOR STRAIGHT TO MCNEIL, AND I'M NOT, I DON'T SEE A PERMIT.
I DID LOOK, BUT AS FAR AS THE ZONING, UH, I WANTED TO MAKE THE POINT OF HOW IMPORTANT THE QUALITY OF THE NEIGHBORHOOD AND THE CHARACTER OF THIS SINGLE FAMILY IS.
WE ARE DEFINITELY OPPOSED TO THE COMMERCIAL ZONING HE'S ASKING FOR.
AND WE'RE CUT INTO OUR SINGLE FAMILY, UH, UH, ZONING AREA.
I DO HAVE MS, UM, UH, DO YOU HAVE MS. VANDERGRIFF ON THE LINE? SO MS. VAN GRIFF, YOU'LL SELECT STAR SIX, PROCEED WITH EARMARKS.
OKAY, MS. VANDER, UM, PROCEED WITH YOUR REMARKS.
MY NAME IS FRANCINE VANDERGRIFF.
I'M THE PRESIDENT OF THE INDIAN OAKS NEIGHBORHOOD ASSOCIATION.
THANK YOU FOR THE OPPORTUNITY TO CONVEY THE NEIGHBORHOOD'S CONCERNS REGARDING THE ZONING REQUEST.
THE PRESENTATION I'M GOING TO SHARE WITH YOU IS A RESULT OF NUMEROUS MEETINGS.
WE HAVE HAD TO DISCUSS OUR CONCERNS, AND WE'VE COME UP WITH A SOLUTION THAT WE BELIEVE WOULD BE ACCEPTABLE TO EVERYONE.
I'LL MAKE SURE THE COMMISSION RECEIVES A COPY OF THIS PRESENTATION.
SO IF WE CAN GO TO SLIDE ONE FIRST, LET ME STATE CLEARLY THE NEIGHBORHOOD IS OPPOSED.
REZONING 1 26 0 4 BLACKFOOT TRAIL TO GM U.
WE ARE RECOMMENDING REZONING TO SS TWO.
INDIAN OAKS IS AN ESTABLISHED NEIGHBORHOOD OF SINGLE FAMILY RESIDENCES.
AS YOU CAN SEE IN THIS SLIDE, THE STREETS ARE LINE OF BEAUTIFUL HERITAGE OAKS.
WE LOVE OUR NEIGHBORHOODS AND HAVE A STRONG SENSE OF COMMUNITY, WHICH IS WHY WE HAVE SERIOUS CONCERNS ABOUT THIS REZONING APPLICATION.
SLIDE THREE REFLECTS THE CURRENT ZONING.
THE APPLICANT OPERATES A VAPE SHOP THAT FRONT MCNEIL AND IS NEXT DOOR TO A DAYCARE FACILITY.
HOWEVER, WHEN YOU DRIVE DOWN BLACKFOOT TRAILS, WHETHER YOU LOOK TO THE LEFT OR RIGHT, YOU WILL SEE RESIDENTIAL.
AND THIS APPLIES TO BOTH OF MR. BRI'S PROPERTY.
I WOULD ENCOURAGE YOU TO DRIVE OUT AND OBSERVE THIS.
AND TO MR. PUENTE'S POINT ABOUT A PICTURE PAINTS A THOUSAND WORDS, I WOULD ENCOURAGE YOU TO LOOK AT THESE OTHER STREETS THAT HE MENTIONED.
UH, FOR EXAMPLE, COR CORPUS CHRISTI.
THAT IS, UH, THAT I BELIEVE THE ZONING ON THAT IS, IS N O.
SO I WOULD JUST ENCOURAGE YOU TO TAKE A LOOK AT THE STREET THAT HE REFERENCED.
THIS IS WHY THE NEIGHBORHOOD IS OPPOSED TO BE ZONING.
IT'S NOT COMPATIBLE WITH RESIDENTIAL SETTING OR RESIDENTIAL STREETS.
THERE ARE THREE SINGLE FAMILY HOMES DIRECTLY ACROSS THE STREET TO THE EAST, THE SINGLE FAMILY HOME ADJACENT TO THE NORTH, AND G R M U ALLOWS HER 60 FOOT HEIGHT STRUCTURE BEFORE TWO TO THREE TIMES THE HEIGHT OF SURROUNDING HOMES.
THERE'S FURTHER ENCROACHMENT OF COMMERCIAL INTO THE RESIDENTIAL NEIGHBORHOOD.
THE COMMERCIAL PROPERTY OWNED BY MR. BRAG EXTENDS APPROXIMATELY 370 FEET INTO NEIGHBORHOOD FROM MCNEAL DRIVE.
AND THE NEIGHBORHOOD OPPOSES ARTHUR COMMERCIAL ENCROACHMENT.
AND THIS IS A STATEMENT FROM MR. BE'S REZONING CASE FROM 2017.
I'M ASKING THE HONORABLE CITY COUNCIL MEMBERS TO BE FAIR
[00:25:01]
AND SUPPORT THE REZONING OF THE ENTIRETY OF LOT TWO AND INDIAN OAK SUBDIVISIONS IN GRC S I DO HAVE ADJACENT PROPERTY 12 6 0 4 BLACKFOOT ON THE NORTH SIDE OF THE PROPERTY.THIS PROPERTY CAN BE USED AS A BARRIER BETWEEN COMMERCIAL LOT AND THE NEIGHBORHOOD.
AND THE FACT THAT MR. BERG ACKNOWLEDGES THAT THERE NEEDS TO BE A BARRIER IS STILL SIGNIFICANT AND TRUE IN 2023.
ADDITIONALLY, FROM THE 2017 CASE, MR. B STATED, I'M A MECHANICAL ENGINEER WITH MANY YEARS OF EXPERIENCE AND EQUIPMENT REPAIR, MODIFY MAINTENANCE AND SALES.
AND I WOULD LIKE TO USE MY EQUIPMENT BACKGROUND AND RUN A SMALL BUSINESS IN PART OF MY PROPERTY OFFERING THOSE TYPE OF SERVICES.
WELL, WE DID NOT GET A SMALL FAMILY OWNED BUSINESS THAT THE NEIGHBORHOOD COULD BENEFIT FROM.
WE GOT A VAPE SHOP THAT IS ADJACENT TO A DAYCARE FACILITY.
YOU MAY HAVE SEEN THIS GRAPHIC ON PAGE 33 OF THE APPLICANT'S DOCUMENTATION, AND THAT WAS A MISREPRESENTATION OF THE NEIGHBORHOOD.
AND THIS SLIDE IS AN ACCURATE ACCOUNT OF THE RESIDENTS OPPOSED, AND SOME OF THOSE RESIDENTS ARE IN THE AUDIENCE.
THE NEIGHBORHOOD RECOMMENDS REDUNDANT TO FF TWO.
IT SUPPORTS INCREASED HOUSING DENSITY WITHIN THE CITY OF AUSTIN.
IT PROVIDES A SMOOTH TRANSITION INTO NEIGHBORHOOD FROM COMMERCIAL TO SINGLE FAMILY.
IT OFFERS COMPATIBILITY WITH ADJACENT AND SURROUNDING SINGLE FAMILY RESIDENCES.
AND IT ALLOWS MR. BURGAN TO ACCOMPLISH HIS GOALS ABUSING HIS PROPERTIES FOR COMMERCIAL AND MULTI-FAMILY PURPOSES.
TRACK TWO OWNED BY MR. BURGAN, IS ALREADY ZONED G N U L O FOR COMMERCIAL TRACK ONE.
THE TRACK IN QUESTION WOULD BE SF TWO, ALLOWING FOR MULTI-FAMILY.
THIS IS A VISUAL OF WHAT THE STREET LOOKS LIKE.
DO YOU MIND? I THINK YOU'LL HAVE TO FINISH YOUR THOUGHT THERE.
UM, I WAS JUST SAYING SLIDE A IS A VISUAL OF WHAT THE STREET LOOKS LIKE.
AND IF WE HAVE TIME, IF SOMEONE CAN SCROLL DOWN TO SLIDE 25, THAT IS A, UM, THAT'S A DOCUMENTATION THAT THE APPLICANT PROVIDED REGARDING THE ENTRANCE TO THE STORAGE UNIT.
THAT IS ONLY USED FOR CITY OR EMERGENCY VEHICLES.
AND IN THE 20 YEARS I'VE LIVED IN THIS NEIGHBORHOOD, I'VE NEVER SEEN THAT USED.
SO THAT IS NOT AN ACCURATE STATEMENT.
OKAY, THANK YOU VERY MUCH, MADAM CHAIR.
UM, IS SHE THE PRIMARY SPEAKER? WAS SHE TIMED FOR THREE MINUTES OR SIX MINUTES? I'M, I'M, IT'S BEEN A LITTLE CONFUSING CHAIR.
PRIMARY SPEAKERS HAVE FIVE MINUTES.
SO WAS SHE TIMED FOR THREE MINUTES OR FIVE MINUTES? FIVE.
NOW WE'LL HAVE THE, UH, THREE MINUTE REBUTTAL FROM, UH, THE APPLICANT, MADAM CHAIR, HONORABLE MEMBERS OF THIS COMMISSION.
UH, AS I WAS LISTENING TO THE NEIGHBORS AND THE NEIGHBORHOOD REPRESENTATIVE, I EMPATHIZE, AND I'M SURE MR. BOGANI EMPATHIZES WITH HOW THEY FEEL ABOUT THIS.
ENCROACHMENT MCNEIL IS A COMMERCIAL CORRIDOR.
WHAT WE'RE TALKING ABOUT IS 150 LINEAR FEET.
AND IF I'D LIKE, I'D LIKE TO GO BACK TO SHEETS, UH, UH, SLIGHT NUMBER THREE OF MY PRESENTATION, PLEASE.
AND AGAIN, THIS BARRIER THAT THEY WANTED US TO CREATE WITH HIS PROPERTY IS ONLY A HUNDRED, 150 FEET, WHILE THE ENTIRE SUBDIVISION THAT THAT LOT SITS IS STILL BEING USED AS COMMERCIAL.
SO AGAIN, I'M NOT SURE THAT OUR REQUEST IS UNREASONABLE AND THAT HE JUST WANTS TO BE CONSISTENT WITH HIS SUBDIVISION.
ANYWHERE YOU SEE RESIDENTIAL, NEAR A COMMERCIAL CORRIDOR, UH, ALL YOU GOTTA DO IS LISTEN TO OTHER CASES BEFORE THIS COMMISSION.
ALL YOU'RE GOTTA DO IS LISTEN TO SOME CASES BEFORE OUR COUNCIL.
AND YOU'RE GONNA GONNA SEE THESE ENCROACHMENTS, YOU'RE GONNA SEE THESE DISCUSSIONS AND I COMPLETELY UNDERSTAND AND EMPATHIZE, BUT AGAIN, ALL HE'S ASKING FOR IS CONSISTENCY.
UH, AGAIN, I'M NOT SURE THAT THAT'S UNREASONABLE.
IF YOU HAVE ANY QUESTIONS, WE'RE FREE.
IF NOT, WELL, WE'LL AWAIT YOUR WISDOM.
[00:30:02]
CHAIR.THAT CONCO, THE SPEAKERS ON THIS ITEM.
UM, ANOTHER POINT OF ORDER, MADAM.
UM, OPPOSITION SPEAKERS ARE ENTITLED TO SIX MINUTES.
THAT'S IN HER BACKUP ON PATCH TO THE AGENDA.
WAS THE PRIMARY SPEAKER IN OPPOSITION GIVEN FIVE MINUTES OR WAS SHE GIVEN SIX? AND LET'S SEE IF THE, SO THE APPLICANT, AND IT WAS MY ERROR, THE APPLICANT AND THE, UH, PRIMARY SPEAKER IN OPPOSITION WERE PROVIDED FIVE MINUTES.
THE APPLICANT, YOU HAVE ONE, UH, ADDITIONAL MINUTE, AND I DON'T WHAT THE, FOR THE PRIMARY SPEAKER SO SHE KNOWS TO PRESS STAR SIX IF SHE'S ONLY GET ONE MORE MINUTE.
APPLICANT, IF YOU CAN, YOU HAVE ONE ADDITIONAL MINUTE TO PROVIDE REMARKS, WE'LL LET THEM GO AND THEN I'LL, OKAY, MS. VANDER.
UH, YOU HAVE ONE ADDITIONAL MINUTE.
I WOULD JUST LIKE TO GO BACK AND, AND JUST REALLY, AND ASK THE COMMISSION TO PLEASE TAKE A LOOK AT THE OTHER STREETS OFF OF, UH, MCNEIL CORPUS CHRISTI, LOS INDIAS DAKOTA.
THEY ARE VERY DIFFERENT FROM THE BLACKFOOT TRAIL.
WHEN YOU GO DOWN BLACKFOOT TRAIL, IT IS STRICTLY RESIDENTIAL.
THAT'S NOT HOW SOME OF THESE OTHER STREETS ARE.
AND THEY HA AND LIKE I SAID, WITH CORPUS CHRISTI, IT EVEN HAS A LESSER, UH, ZONING.
SO I JUST WOULD ENCOURAGE YOU GUYS TO COME OUT AND TAKE A LOOK BECAUSE IT IS A UNIQUE STREET, AND WE SHOULD BE GIVEN THAT CONSIDERATION.
WE'LL NOW HEAR FROM THE APPLICANT FOR ONE MINUTE.
MADAM CHAIR, HONORABLE MEMBERS OF THIS COMMISSION.
I THINK THE ONLY THING THAT I CAN ADD IS THAT ONE OF THE CONCERNS THAT TYPICALLY, UH, NEIGHBORHOODS HAVE IS TRAFFIC.
WHAT WE HAVE BEEN PROPOSING ALL ALONG TO STAFF IS THAT WE'LL HAVE A RIGHT OF WAY EASEMENT WHERE NO TRAFFIC GOES THROUGH THE NEIGHBORHOOD.
AND THAT'S SOMETHING THAT, THAT, THAT PROBABLY DIDN'T HAVE AN OPPORTUNITY TO PUT IN THE APPLICATION.
BUT I THINK THAT'S SOMETHING THAT, THAT YOU ALL SHOULD KNOW.
WE'RE NOT HERE TO AFFECT THE NEIGHBORHOOD.
150 FEET CERTAINLY IS NOT GONNA AFFECT THE NEIGHBORHOOD, THE ENTIRE SUBDIVISION.
UH, IF YOU, IF YOU LOOK AT, AGAIN, SLIDE SLIDE NUMBER THREE, YOU'RE GONNA SEE AN IMAGINARY LINE THAT CUTS THROUGH.
KEEP GOING TO, WELL, YEAH, THERE YOU GO.
LAST FOUR LOT, THREE LOT, TWO, LOT ONE.
YOU SEE THAT IMAGINARY LINE IN THE BACK, ALL THAT GOES ENCROACHES INTO, DIRECTLY INTO THE BACK OF THOSE, THOSE RESIDENTIAL LOTS, LOT ONE IS THE ONE THAT'S IN QUESTION.
IT'S A HUNDRED AND 150 FEET, UH, ON THAT SUBDIVISION.
IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? SO MOVED BY COMMISSIONER SMITH.
SECONDED BY COMMISSIONER DINKLER.
ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING.
SO WHO WANTS TO GO FIRST FOR DISCUSSION? COMMISSIONER STERN.
UM, WELL, TODAY WE'VE HEARD, UM, SEVERAL SPEAKERS FROM THE NEIGHBORHOOD WHO HAVE CONCERNS ABOUT, UM, GR M U FOR AN APPLICATION.
AND, UM, I HAVE THOSE SAME CONCERNS.
I THINK, UM, YOU KNOW, GR MIGHT BE, UH, UH, OVER ZONING THIS PROPERTY AND ALLOWING THINGS LIKE PAWN SHOPS OR AUTO REPAIR OR BAIL BOND.
UM, THE GOOD THING, THE GOOD NEWS IS THAT STAFF ALSO AGREES THAT GR M U IS A BRIDGE TOO FAR AND IS INSTEAD RECOMMENDING L O M U LIMITED OFFICE.
AND WHEN YOU LOOK AT LIMITED OFFICE, UM, THERE ARE ADDITIONAL RESTRICTIONS ON THE KINDS OF BUSINESSES THAT ARE MORE IN LINE WITH THAT TRANSITION ZONE.
AND SO I THINK, UM, I, I, I DON'T THINK THAT THE SPEAKERS TODAY HAVE REALLY BEEN COMMENTING BASED ON WHAT STAFF IS RECOMMENDING, JUST BASED ON WHAT THE APPLICANT WAS ASKING FOR.
AND SO, UM, TO BE HONEST, I I WOULD, I WOULD LEAN TOWARDS THE STAFF RECOMMENDATION AT L O M U.
IT SEEMS TO BE THE RIGHT FIT IN THIS PART OF TOWN.
UM, CERTAINLY SF TWO IS NOT
[00:35:02]
I MEAN, IN 2017, THIS COMMISSION HEARD THE CASE FOR 12 6 0 2 BLACKFOOT.SINCE THERE WAS A SINGLE FAMILY HOUSE WITH AN ADDITION FACING MCNEIL, WE RECOMMENDED WITH A UNANIMOUS VOTE TO ZONE THE PORTION ON MCNEIL AS GR AND RETAIN THE SINGLE FAMILY ZONING ON THE SINGLE FAMILY HOUSE ON BLACKFOOT CITY COUNCIL IGNORED OUR RECOMMENDATION AND ZONED THE ENTIRE PROPERTY.
G R M U, THE SINGLE FAMILY HOME AT TWEN AT 12,000 6 0 2 BLACKFOOT REMAINS UNCHANGED.
AND THE STRUCTURE FACING MCNEIL IS NOW, NOW A VAPE SHOP.
TODAY WE ARE BEING ASKED TO REZONE 12 6 0 4 WITH COMMERCIAL ZONING BASED ON THE RATIONALE THAT IT'S A TRANSITION BETWEEN THE CURRENT UNUSED COMMERCIAL ZONING AT 12 6 0 2 AND THE SINGLE FAMILY HOMES ALL AROUND.
THIS WOULD SIMPLY COMPOUND THE ERROR FROM 12 2017.
ADDITIONAL COMMERCIAL ZONING IS INAPPROPRIATE ON BLACKFOOT TRAIL.
12 6 0 4 SHOULD REMAIN SINGLE FAMILY.
THE HOME'S FOOTPRINT CAN BE ENLARGED AND THE SECOND STORY CAN BE ADDED WITH THE ENTITLEMENT THEY HAVE.
UM, SINCE THE NEIGHBORHOOD HAS INDICATED THAT THEY'RE OKAY WITH THE REZONING FROM SF ONE, THE CURRENT ZONING TO SF TWO, I WOULD MOVE TO SUPPORT THE NEIGHBORHOOD, UM, RECOMMENDATION FOR SF TWO.
UH, COMMISSIONER KABAK? YEAH, I'M GONNA BE CONSISTENT HERE IN WHAT I VOTED ON IN 2017.
AND THAT IS THAT, UM, THAT, UM, AND IN FACT WHAT WE HAD RECOMMENDED IS THAT THERE WOULD BE A STEP DOWN AND WE DIDN'T, AND THE CITY COUNCIL DIDN'T VOTE ON THAT, UH, OR DIDN'T VOTE IN FAVOR OF IT, BUT REZONE THE WHOLE ENTIRE PROPERTY.
AND, UM, AND I BELIEVE THAT THERE SHOULD HAVE BEEN A STEP DOWN.
AND ALSO THERE IS A, UH, RESTRICTIVE COVENANT ON THAT PROPERTY THAT WE REZONED TO, UM, IN 2017 THAT SAYS THAT VEHICLE, UH, YOU KNOW, TRAFFIC ASSOCIATED WITH THE NON-RESIDENTIAL USE OF THE PROPERTY IS PROHIBITED ON TWO OR FROM BLACKFOOT TRAIL.
I MEAN, SO THAT IS ALREADY IN PLACE THAT THERE'S NOT GOING TO BE COMMERCIAL TRAFFIC ONTO BLACKFOOT TRAIL.
AND I WANT TO BE CONSISTENT WITH THAT TOO.
SO THAT IS, THAT IS WHERE I AM.
SO IF THERE WERE, IF WE WERE TO APPROVE LOM MOTION, OH, DID YOU MAKE A MOTION? OH, WAS THAT A MOTION? OH, I'M SORRY.
SO THERE IS A MOTION TO, UM, AGREE WITH THIS NEIGHBORHOOD RECOMMENDATION OR SORT OF THEIR WILLINGNESS TO COMPROMISE TO SF TWO.
SO IS THERE ANY, SO WE'LL HAVE DISCUSSION ON THE MOTION, AND YOU WERE MAKING A COMMENT, YOU'RE, YOU WERE SUPPORTING, SUPPORTIVE OF THE MOTION AND SAYING THAT YOU WERE GONNA, OH, I DIDN'T EVEN REALIZE YOU HAD MADE HIM A COMMISSIONER.
SO SINCE GIVEN MY EXCHANGE WITH COMMISSIONER SMITH BEFORE THE MEETING
YES, WE DO GET ALONG REALLY WELL.
SO, BUT I, IF WE ARE GOING, IF, IF SINCE YOU DID DID MAKE A MOTION, I'LL SECOND IT.
AND I, I JUST WANTED TO FOLLOW UP ON HER THOUGHTS.
SO SHE SAID THAT THERE IS A RESTRICTED COVENANT THAT REQUIRES ACCESS.
IF THERE'S COMMERCIAL USE, IT REQUIRES ACCESS ONTO MCNEIL ROAD AND PROHIBITS ACCESS FROM BLACKFOOT TRAIL.
SO IF WE WERE TO GO WITH STAFF RECOMMENDATION OF THE, UM, L O M U, ANY COMMERCIAL SERVICES, YOU WOULD, THEY WOULD HAVE TO DEMOLISH 1202 AND 12, 12 0 4 AND 1206 TO PROVIDE ACCESS TO MCNEIL ROAD, IF THAT OH NO, I WAS JUST TALKING ABOUT THAT.
THE PROPERTY, UM, THAT WAS PREVIOUSLY REZONED.
SO BECAUSE IT WAS GIVEN THAT EVERYTHING WAS GONNA FACE MCNEIL.
SO, BUT I'M JUST SAYING TO BE CONSISTENT, I WANNA SAY NO COMMERCIAL TRAFFIC THERE AND THAT'S WHY I'M VOTING AGAINST I GOTCHA.
OR WHATEVER VOTING IN FAVOR OF VOTING AGAINST.
BUT LET, LET ME SEE IF I CAN HELP.
THIS IS A QUESTION FOR THE APPLICANT.
MR. PUENTES, IF YOU CAN COME UP, WOULD YOU ALL AGREE TO PROHIBIT ACCESS TO BLACKFOOT DRIVE? UH, WHEN I MET WITH YOU, I GOT VERY DIFFERENT RESPONSES.
SO IF THE COMMISSION WERE TO MAKE A MOTION, UH, FOR LO OR SF TWO, WOULD YOU AGREE TO PROHIBITING ACCESS,
[00:40:01]
PARTICULARLY IF IT WAS ACTUALLY, IF IT WAS LO MU, WOULD YOU AGREE TO PROHIBITING ACCESS TO BLACKFOOT DRIVE? AS I MENTIONED A MINUTE AGO, IN MY, MY LAST REBUTTAL, UH, ALL ALONG, HIS INTENT HAS BEEN TO HAVE A RIGHT OF WAY EASEMENT COMING OFF OF MCNEIL SO THAT THE COMMERCIAL, UH, INDIVIDUALS THAT WOULD GO INTO BUSINESS THERE WOULD NEVER GO ON BLACKFOOT.THEY WOULD HAVE TO GO THROUGH, I NEED TO CLARIFY THE ANSWER IS YES.
SO THE ANSWER IS YES, ACTION IS NOT THE SAME AS ACTION.
WOULD HE AGREE AS A CONDITION OF THE ZONING TO PROHIBIT ACCESS TO BLACKFOOT TRAIL? YOU'LL AGREE.
CUZ THAT'S ALWAYS BEEN HIS INTENT.
SO THE ANSWER IS YES TO THAT QUESTION.
MAY I ANSWER, MAY I, MAY I SAY SOMETHING ABOUT HELLO? OR IS THAT APPROPRIATE OR SURE, SURE.
SO LO IS OFFICE RIGHT NOW, WE ARE LIVING AT A TIME WHERE WE HAVE AN ABUNDANCE OF OFFICE SPACE ALL OVER THE COUNTRY, AND ESPECIALLY IN AUSTIN, TEXAS.
LO IS JUST, YOU CAN'T EVEN GET FINANCING TO, TO BUILD OFFICES IN THIS, IN THIS MARKET THAT WE LIVE IN AFTER THE PANDEMIC.
SO YOU'RE NOT INTERESTED IN OM USING, WE'RE NOT INTERESTED IN LO OKAY.
BUT, BUT I WANTED JUST TO MAKE THAT COMMENT.
OBVIOUSLY WE ARE AT THE MERCY OF THIS COMMISSION.
OKAY, WELL THAT'S, IT'S THE PROCESS THAT WE GOTTA GO THROUGH AND WE UNDERSTAND.
THAT'S, NO, THAT'S HELPFUL FOR US TO KNOW THEN WE, MAYBE WE SHOULD THANK YOU VERY MUCH AND THANK YOU FOR YOUR QUESTION.
ANY OTHER, I'LL JUST SAY IF THEY'RE NOT, NOT INTERESTED IN ELLA, THAT MAKES MY, UM, DECISION PRETTY STRAIGHTFORWARD HERE.
I'M NOT SURE IF ANYBODY ELSE HAS THE BEST OF THIS.
COMMISSIONER BOONE, IS THAT FOR YOU? SORRY, WHAT WERE YOU SAYING? I MISSED IT.
OH, I, I WAS JUST GONNA SAY THAT THAT KIND OF CLARIFIES, UM, MY COURSE OF ACTION HERE WITH RESPECT TO THE MOTION ON THE TABLE.
IF THEY'RE NOT INTERESTED IN LO, YOU KNOW, I, I THINK STAFF'S RECOMMENDATION TO COMMISSIONER STERN'S POINT IS, IS SALIENT.
AND IF THAT'S NOT THE AVENUE THEY'RE INTERESTED IN, THEN THAT MAKES THE CURRENT MOTION PRETTY STRAIGHTFORWARD TO ME.
COMMISSIONER COSTA AND THEN COMMISSIONER SMITH.
UH, I WAS JUST GONNA COMMENT THAT WHAT I DID LIKE ABOUT THE L O M U PROPOSAL FROM STAFF WAS THAT IT WOULD ALLOW FOR DUPLEX TOWN HOME AND A HIGHER TY A BETTER WIDER RANGE OF TYPOLOGIES, WHICH I THOUGHT WAS A GOOD BUFFER BETWEEN, YOU KNOW, A VAPE SHOP AND A SINGLE FAMILY NEIGHBORHOOD.
SO THAT'S WHY I LIKED THEIR PROPOSAL.
BUT AGAIN, I THINK AS COMMISSIONER BOONE SAID, IF THEY'RE NOT INTERESTED IN THAT AT ALL, THEN IT DOESN'T SEEM LIKE A GOOD SUGGESTION TO GO TO GR IT'S A BIG JUMP.
UM, COMMISSIONER SMITH AND THEN COMMISSIONER THOMPSON? YEAH, I'LL BE VERY BRIEF CAUSE I AGREE WITH THE EXACT SAME THING.
I THINK ELLO WILL BE THE APPROPRIATE ZONING, BUT IF THEY'RE NOT INTERESTED IN LO THEN OKAY, THAT'S OFF THE TABLE.
COMMISSIONER THOMPSON? UH, IN RESPONSE TO COMMISSIONER COSTA, I WAS, I WAS ALSO THINKING ABOUT SF THREE AS AS A POSSIBLE COMPROMISE AND, UM, I DO SUPPORT SF TWO, BUT, UM, JUST IN THAT, IN THAT, THINKING OF ALLOWING FOR A DUPLEX OPPORTUNITY, JUST WANTED TO THROW THAT OUT AS A POSSIBILITY AS WELL.
BUT I, I DO WANNA SAY FROM THE APPLICANT, THE MATERIALS, UM, STRATEGICALLY PRESENTED TO OMIT ANY VIEW OF THE RESIDENCE AS ACROSS THE STREET, DIRECTLY ACROSS THE STREET AND ADJACENT TO THIS PROPERTY.
AND I, I FELT THAT WAS A LITTLE, UM, PURPOSEFUL.
AND I, I DO FEEL LIKE THIS PROPERTY FACES ANOTHER SF ONE HOUSE AND IS ADJACENT TO ANOTHER S F ONE HOUSE IS, IS CLEARLY INSIDE OF THE NEIGHBORHOOD AND IN MY OPINION, NEEDS TO REMAIN IN RESIDENCE.
SO COMMISSIONER THOMPSON, WAS THAT AN ALTERNATIVE MOTION OR IS, DID YOU ALL RIGHT.
I I JUST PUT IT OUT THERE IN CASE IT'S HELPFUL.
ANY OTHER COMMENTS BEFORE WE VOTE ON THE MOTION ON THE TABLE? OKAY.
YES, COMMISSIONER LER, I THINK WHAT BOTHERS ME, AND IT SOUNDS LIKE THE LO'S OFF, BUT HE'S RIGHT, THERE'S NOT, UH, MUCH NEED FOR OFFICE.
LO CAN INCLUDE MEDICAL OFFICE, WHICH MEANS THE TRIP COUNTS WOULD BE HIGHER.
UH, BUT REALLY WHAT BOTHERS ME WITH THAT AS A TRANSITION IS THIS, WE COULD PUT LO OR EVEN ENNO, WHICH IF YOU LOOK ON CORPUS CHRISTI, THERE'S EVEN A LOWER OFFICE CATEGORY PROPOSED IN BACK OF GEO.
UH, AND THAT STREET WAS SIGNALIZED.
SO I'M A LITTLE CONCERNED THAT IF WE DID ANY KIND OF COMMERCIAL ANYTHING, THAT IT WOULD JUST BE DEVELOPED AS COMMERCIAL.
SO I, I'M GONNA VOTE FOR SF TWO.
UM, IF HE DOES ADD STEP TWO, HE COULD PUT, UH, AS MANY AS FOUR UNITS ON THE PROPERTY IF HE DOES CAREGIVER IN THE BACK OF EACH SINGLE FAMILY.
[00:45:01]
VERY SELLABLE FOR HIM.UM, IT WOULD BE AN ASSET FOR HIM IN TERMS OF SALE, IF THAT'S WHERE HE PROPOSES TO GO.
ANY OTHER COMMENTS BEFORE WE TAKE A VOTE? ALL THOSE IN FAVOR OF THE MOTION? OKAY.
UH, ALL THOSE OPPOSED? SO LET THE RECORD SHOW THAT MR. STERN IS IN OPPOSITION.
[5. Rezoning: C14-2022-0167 - Parmer Field; District 1]
TO NUMBER FIVE.SO WE'LL HAVE, AGAIN, MR. WEIS AND I JUST WANNA THANK MR. WEIS FOR HANDLING SO MUCH OF THE LOAD THESE DAYS.
SO THANK YOU SO MUCH FOR BEING ACCESSIBLE AND EVERYTHING.
SO LET'S LOOK AT ITEM NUMBER FIVE.
IT'S CASE C 14 20 2201 67, WHICH IS PARMER FIELD.
IT'S LOCATED AT SEVEN 10 PERFORMANCE DRIVE THIRTEEN THOUSAND THIRTEEN THOUSAND ONE HUNDRED SIX AND A HALF HARRIS RIDGE BOULEVARD.
THE APPLICANT IS REQUESTING A REZONING FROM L I P D A TO L I P D A TO AMEND THE CURRENT PLAN DEVELOPMENT AREA OVERLAY TO ALLOW FOR OUTDOOR ENTERTAINMENT AS A PERMITTED USE ON THE SITE.
THE STAFF RECOMMEND TO LAP D A LIMITED INDUSTRIAL PLAN DEVELOPMENT AREA, COMBINING DISTRICT ZONING TO CHANGE THE CONDITION OF ZONING.
THE SITE UNDER CONSIDERATION IS A 24 ACRE PLUS AREA SURROUNDED BY A WATER QUALITY POND KNOWN AS PALMER POND THAT IS PART OF A LARGER, APPROXIMATELY 300 ACRE AT TRACT LAND THAT IS LOCATED AT THE SOUTHWEST CORNER OF EAST HOWARD LAND IN HARRIS RIDGE BOULEVARD.
THE NORTHEAST PORTION OF THE PROPERTY IS DEVELOPED WITH PRACTICE FIELDS ASSOCIATED WITH THE ST.
IN ADDITION, THESE FACILITIES INTO ADDITION TO THESE FACILITIES, A COMMERCIAL PROJECT CALLED THE PITCH WAS ALSO DEVELOPED ON THE PROPERTY THAT HAS RESTAURANT AND COMMERCIAL USES IN ONE AND TWO STORY CONTAINER PAWS AND AN OUTDOOR COMMUNITY GATHERING SPACE WITH PICKLEBALL COURTS AND VOLLEYBALL COURTS TO PROVIDE SERVICES FOR THE TENANTS AND VISITORS OF THE ADJACENT SOCCER FIELDS.
IN THIS REZONING REQUEST, THE APPLICANT IS ASKING TO CHANGE THE CONDITIONS FOR THIS PORTION OF THE PLANNED DEVELOPMENT AREA OVERLAY BY AMENDING THE PREVIOUS ORDINANCE ORDINANCE 98 0 4 30 DASH P UH, OF THE DELL PDA.
TO ADD OUTDOOR ENTERTAINMENT AS A PERMITTED USE TO ALLOW THE SOCCER FIELDS TO BE USED FOR HOSTING SPORTING EVENTS.
THE STAFF RECOMMENDS THE APPLICANT'S REQUEST TO AMEND THE PDA.
THE PROPOSED PDA AMENDMENT WILL PERMIT THE OUTDOOR ENTERTAINMENT USE TO ALLOW FOR SPORTING EVENTS TO BE HELD ON THE EXISTING PRACTICE FIELDS.
THE PROPOSED OUTDOOR ENTERTAINMENT USE WILL BE LOCATED IN AN AREA WHERE THERE ARE COMMERCIAL SERVICES TO ACCOMPANY THE ADJACENT CIVIC USES.
THE STAFF IS RECOMMENDING L LAP P D A ZONING FOR THIS SITE BECAUSE THE COMMERCIAL CHARACTER OF THE AREA AND BECAUSE THE PROPERTY FRONTS ON TO WILL TAKE ACCESS TO A MAJOR ARTERIAL ROADWAY, HARRIS RIDGE BOULEVARD.
THE PROPOSED ZONING WILL PERMIT THE APPLICANT TO PROVIDE ADDITIONAL COMMERCIAL SERVICES IN AN AREA OF VARIETY OF COMMERCIAL AND INDUSTRIAL EMPLOYMENT CENTERS ALONG EAST HOWARD LANE.
THIS PROPERTY IS NEAR A DESIGNATED COMMERCIAL CENTER, THE DESSAU PALMER NEIGHBORHOOD CENTER TO THE EAST, AND IS LOCATED BETWEEN TWO ACTIVITY CORRIDORS, THE EAST HOWARD LANE AND PALMER LANE ACTIVITY CORRIDORS AS IDENTIFIED BY THE IMAGINE AUSTIN COMPREHENSIVE PLAN.
AND I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
QUICK QUESTION, DOES OUTDOOR ENTERTAINMENT ALLOW OUTDOOR MUSIC? JUST YES OR NO? YES.
UM, SO COMMISSION LEES ON ANDREW VERA.
SO, UH, I ONLY HAVE THE APPLICANT, UH, REGISTERED ON THIS ITEM.
I HAVE NO SPEAKERS IN OPPOSITION.
UM, SO, UM, DON'T KNOW IF YOU WANT TO RUN THE CLOCK FOR NINE MINUTES.
IF THEY NEED NINE MINUTES, THERE'S NO REBUTTAL.
IF THERE'S NO, HOPEFULLY NOT SIX, SINCE THERE'S NO REBUT, LET'S RE I WE CAN REBUT THEMSELVES, REBUT THEMSELVES.
IF YOU WANT SEVEN AND A HALF, I MEAN, I'M SURE WE'LL HAVE QUESTIONS FOR YOU.
I'M HERE ON BEHALF OF THE APPLICANT.
I THINK THERE'S, UM, AUSTIN FC IS REQUIRED TO HAVE A MINOR LEAGUE SOCCER TEAM AS PART OF THEIR PROGRAM.
THEY HAVE, UH, THEY NOW HAVE A, WHAT WOULD BE THE EQUIVALENT OF, UH, UH, NOT THE HIGHEST BASEBALL MINOR LEAGUE, BUT THE SECOND.
AND SO WHAT THEY HAVE OUT THERE RIGHT NOW IS THEY'VE GOT A FIELD AND A BLEACHER AREA AND PLACES TO WATCH SOCCER.
THE YOUTH ACADEMY WORKS OUT OUT THERE.
THEY, THEY DO ALL THESE THINGS OUT THERE.
AND SO YOU'RE LOOKING AT THIS AND YOU'RE GOING, WHY DID HE FILE A 24 ACRE
[00:50:01]
ZONING CASE SO THAT THEY COULD SIMPLY PLAY MINOR LEAGUE SOCCER ON THAT FIELD? AND IT TRULY IS BECAUSE WE, WE HAVE A DIFFERENCE OF OPINION BETWEEN SOME FOLKS IS, IS THIS INDOOR OR OUTDOOR ENTERTAINMENT OR OUTDOOR SPORTS AND REC? WE DON'T WANNA QUARREL ABOUT IT, WE JUST WANNA CHANGE THE ZONING AND GET INTO COMPLIANCE.THE KEY DIFFERENCE IS, IS THAT WHEN THE SOCCER TEAM CHARGES ADMISSION, WE BECOME OUTDOOR ENTERTAINMENT.
SO WHAT WE PROPOSE, IF, IF YOU THINK THAT THIS IS AN APPROPRIATE USE, WE WOULD PROPOSE SHRINKING THE BOUNDARIES DOWN FROM THE 24 ACRE LOT THAT WE FILED.
AND, AND LEMME TELL YOU WHY WE DID THAT.
WE HAD TO GET THIS THING FILED QUICKLY AND WE COULDN'T GET FIELD NOTES QUICKLY FOR THE FIELD.
SO WE FILED IT ON THE ENTIRE LOT.
AND NOW AS WE MOVE THROUGH THE PROCESS, IF Y'ALL THINK IT'S, UH, AN APPROPRIATE USE, WE CAN SHRINK THAT DOWN TO INCLUDE THE FIELD IN THE BLEACHER AREA AND, AND THE SURROUNDING AREA.
UM, SO I DON'T THINK WILL HAVE A QUICK QUESTION.
HOW MANY ACRES DO YOU THINK IT WILL BE OUT OF THE 24 TO INCLUDE THE FIELDS, THE BLEACHERS, AND MAYBE AUXILIARY USES? I'M JUST TRYING TO GET IT ON THE RECORD.
I HEARD TWO DIFFERENT FINGERS.
I WAS JUST LOOKING AT THE MAP.
I DON'T ON BY LOOKING AT THE MAP AND I CAN'T IMAGINE IT'D BE SEVEN ACRES, BUT WE, WE'D NEED TO GET AN ENGINEER TO, TO, IF YOU, I'M, I'M TRUSTING AMANDA.
SHE'S GIVING US THE CLUES HERE.
YEAH, IT'S, IT'S MUCH SMALLER THAN 24.
WE JUST DIDN'T HAVE A, A CHANCE TO GET AN ENGINEER TO MAP IT OUT FOR US TODAY.
IS THERE, UH, A MOTION TO CLOSE THE PUBLIC HEARING? MM.
MOTION FROM COMMISSIONER DINKLER, SECONDED BY COMMISSIONER SMITH.
ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING.
OKAY, LET'S MOVE ON TO DISCUSSION.
COMMISSIONER GREENBERG, I HAVE QUESTIONS FOR MR. SU, UM, AND ALSO STAFF.
SO IT DOES SORT OF, THERE WAS ONLY ONE LETTER FROM IN THE BACKUP FROM A NEIGHBOR.
UM, AND THERE'S NOBODY HERE TO OBJECT TO THIS AND I WONDER WHETHER YOU MET WITH THE NEIGHBORS.
UM, THEY'RE VERY CLOSE, REALLY TO THE FIELD.
AND UM, THE NEIGHBOR THAT DID WRITE IN COMPLAINED ABOUT THE MUSIC AND THE DRUMS THAT COME WITH JUST PRACTICE, WHICH GAMES WILL PRESUMABLY BE MORE.
SO I WAS WONDERING, DID YOU MEET WITH THE, THAT WHOLE NEIGHBORHOOD OR AT LEAST THE PEOPLE CLOSE BY, UM, ON HARRIS? WELL, THEY BACK UP TO HARRIS RIDGE BOULEVARD, THAT AREA.
SO I WAS, I WAS BACK, I DON'T KNOW MY NORTH FROM MY SOUTH OR MY EAST FROM MY WEST, BUT ON THE PICTURE THEY'RE TO THE RIGHT.
SO I WAS MAKING FUN OF FRANK PUENTES BY WHEN YOU ASKED HIM IF WOULD HE TAKE ACCESS JUST ONE ROAD.
THE ANSWER SHOULD HAVE JUST BEEN YES.
THE ANSWER TO YOUR QUESTION IS YES.
WE'VE ACTUALLY, I'VE BEEN DOING THIS LONG ENOUGH NOW.
I DID THE ORIGINAL DELL PDA WAY, WAY BACK, AND THE SAME NEIGHBORS ACTUALLY LIVED THERE AND WE'VE BEEN IN CLOSE CONTACT WITH ALL THEM AND, AND WE'VE TALKED TO THE PRESIDENT AND IF YOU'VE BEEN OUT THERE, YOU KNOW THAT THIS IS KIND OF A COMMUNITY ASSET NOW.
AND WHAT WE FOUND BOTH IN THE PREVIOUS ZONING CASE, AND THIS ONE IS EVERYBODY'S OKAY WITH IT.
THE DRUMS THAT ARE MENTIONED THERE, THAT'S THE SUPPORTER GROUP THAT COMES OUT.
AND OCCASIONALLY WHEN THEY HAVE A GAME, THE YOUTH ACADEMY, THEY COME OUT AND THEY SUPPORT THE YOUTH ACADEMY AND THEY DO WHAT THEY DO BECAUSE THERE WAS ALL THIS CAREFUL TESTING OF THE SOUND, BUT NOT THE SOUND THAT COMES FROM THE GAME BECAUSE, BUT THE SOUND THAT CAME FROM THE, THE SPEAKERS, THE MUSIC, THE SPEAKERS FOR THE RESTAURANT OR WHATEVER THAT USE IS, YEAH, THEY'RE VERY CUTE, UM, IN THE CONTAINERS.
BUT, UM, IT'S PROBABLY PRETTY NOISY DURING A GAME.
UM, I LIVE WAY FARTHER FROM THE STADIUM, UT STADIUM, AND I CAN HEAR A FOOTBALL GAME WHEN THE WIND IS BLOWING IN THE RIGHT DIRECTION.
I CAN JUST TELL YOU THAT OUR CONVERSATIONS WITH THE NEIGHBORS IS THAT THEY'RE, YOU'VE HAD CONVERSATIONS, WE'VE HAD CONVERSATIONS WITH THEM AND WE'VE NOT HEARD.
ANY OTHER DISCUSSION ITEMS? I DID HAVE A QUESTION FOR STAFF.
BLEACHERS SEEMED TO ME LIKE OUTDOOR ENTERTAINMENT AND NOT A PLAYING FIELD.
[00:55:02]
I'M WONDERING WHY WERE THEY ALLOWED TO BUILD, GET A SIDE PLAN THAT ALLOWED THOSE BLEACHERS? THEY'RE NOT, YOU KNOW, THE WOODEN BLEACHERS OR THE ALUMINUM BLEACHERS THAT FOLD UP.WHY WAS THAT ALLOWED BEFORE THEY HAD OUTDOOR ENTERTAINMENT AS A, UM, ALLOWED USE? WELL, I CAN'T SPEAK TO SITE PLAN REVIEW CAUSE THAT'S IN A DIFFERENT DEPARTMENT.
OH, DEVELOPMENT SERVICES DEPARTMENT.
I CAN TELL YOU THAT HERE IS THE, THE QUANDARY THAT WE HAVE BETWEEN OUTDOOR ENTERTAINMENT AND OUTDOOR SPORTS AND REC, OUTDOOR SPORTS AND RECREATION IS DEFINED AS OPEN OR PARTIAL AND ENCLOSED OR SCREEN FACILITIES.
THE USE INCLUDES DRIVING RANGES, MINIATURE GOLF COURSES, GOLF COURSES, SWIMMING POOLS, TENNIS PARTS, TENNIS COURTS, OUTDOOR RACQUETBALL COURTS.
SO IN OTHER WORDS, THE IDEA IS OUTDOOR EXERCISE FACILITIES.
I WOULD ASSUME THAT WOULD ALSO INCLUDE PRACTICE FIELDS, BUT THEY DON'T NEED OUTDOOR AUDIENCES.
THERE'S WHERE WE FALL IN TOWN DURING ENTERTAINMENT NEEDS, NEEDS AUDIENCES, SPECTATOR USE.
UH, CONDUCTING AN OPEN OR PARTIALLY ENCLOSED OR SCREEN FACILITIES.
THIS USE INCLUDES SPORTING ARENAS, RACING FACILITIES, AND AMUSEMENT PARKS.
SO THERE'S THAT FINE LINE AND LIKE THEY SAID, AS THIS IS BECOMING A SPECTATOR SPORT FOR PEOPLE TO PAY TO GO SEE, THEN THAT KICKS IT INTO THE OUTDOOR ENTERTAINMENT USE.
AND SO THAT'S WHY THEY'RE HERE SEEKING TO ADD THAT AS A PERMITTED USE IN THE PDA.
NOW, I WOULD IMAGINE IT WAS PROBABLY LOOKED AT AS OUTDOOR SPORTS AND RECREATION WHEN THE PRACTICE FIELDS WERE DEVELOPED.
I CAN'T SPEAK TO IT BECAUSE I WAS NOT THE SITE PLANNER WHO REVIEWED THE APPLICATION WHEN IT CAME THROUGH, BUT THAT WOULD BE MY ASSUMPTION AS STAFF.
UH, COMMISSIONER KING, YOU HAD A COMMENT? YES.
I JUST WANTED TO, UH, JUST CLARIFY WITH THE APPLICANT ABOUT THE FEEDBACK FROM THE NEIGHBORHOOD, THE ADJACENT, THE NEIGHBORHOOD RIGHT ACROSS THE STREET THERE.
UH, WHAT WAS THE, WHAT WERE THE COMMENTS THAT YOU RECEIVED, COMMISSIONER? WE HAD, WE HAD MIXED COMMENTS.
WE HAD, UM, SOME FOLKS THAT HAVE BEEN THERE A LONG TIME, UH, FRANKLY WERE CONCERNED ABOUT THE NOISE.
WE HAD PEOPLE THAT HAVE MOVED IN THERE MORE RECENTLY WHO ENJOY THE ACTIVITY AND THE, UH, THE ENERGY AND THE PLACE TO TAKE KIDS AND HANG OUT AND ALL.
AND, AND I CAN ANSWER YOUR QUESTION ON THE BLEACHERS AND I CAN ANSWER YOUR QUESTION ON THE BLEACHERS.
I'M, UH, I DON'T UNDERSTAND ALL OF THE SOCCER CULTURE, BUT WHEN YOUTH ACADEMY IS OUT THERE PRACTICING AND HAVING THEIR GAMES PARENTS, IT'S AMAZING HOW MANY PEOPLE COME OUT AND WATCH AND THE PARENTS COME OUT.
AND EVEN FOR PRACTICES, PEOPLE ENJOY COMING OUT THERE.
AND THAT'S WHAT THAT THAT FIELD WAS BUILT FOR WAS THE YOUTH ACADEMY THAT'S ASSOCIATED WITH THE AUSTIN FC TEAM.
AND, AND THAT WILL NOT BE DISRUPTED BY THIS CHANGE.
THIS CHANGE WOULD SIMPLY ALLOW THE ABILITY TO CHARGE AN ENTRANCE FEE TO COME WATCH, UH, AA SOCCER TEAM.
AND, AND YOU KNOW, I JUST WANT, UH, YOU KNOW, IN TERMS OF THE, YOU KNOW, THE NOISE AND ALL THAT, AND I CERTAINLY APPRECIATE THE, THE ENERGY AND THE EXCITEMENT, YOU KNOW, OF, OF THESE, UH, UH, SOCCER GAMES AND THE KIDS BEING INVOLVED WITH THAT.
THAT'S, THAT'S REALLY EXCITING AND IMPORTANT.
UH, BUT THE TIMES OF THIS, UH, YOU KNOW, WOULD, WOULD THE TIMES WHEN THERE WOULD BE EVENTS GOING OR, OR ACTIVITIES GOING ON THERE THAT WOULD GENERATE THE NOISE, ARE THOSE GOING TO BE LIKE LATE AT NIGHT OR ON THE WEEKENDS, OR CAN YOU GET A, GIVE AN IDEA? WHAT KIND OF TIMEFRAME ARE WE LOOKING AT FOR THESE SORT OF NOISE ISSUES TO BE, TO ARISE AS A GENERAL RULE? THE MINOR LEAGUE SOCCER GAMES WE'VE PLAYED ON WEEKENDS AS A GENERAL RULE, THEY WOULD START AT SEVEN 30 OR EIGHT AT NIGHT AND THEY'D BE DONE BY NINE OR NINE 30 ON THE WEEKENDS.
THERE'S AN OCCASIONAL SUNDAY NIGHT AND AN OCCASIONAL WEDNESDAY NIGHT GAME.
WE'RE TALKING RIGHT NOW, THE SCHEDULE IS ABOUT 14 FOR THE SEASON.
THE SEASON RUNS FROM MARCH TO SEPTEMBER, SO YOU GET INTO THE SUMMER MONTHS, SO YOU'RE KIND OF OUT OF THE SCHOOL YEAR.
UM, THE WONDERFUL THING ABOUT SOCCER IS IT STARTS AT A CERTAIN TIME AND IT ENDS AT A CERTAIN TIME.
WITH THREE OR TWO OR THREE MINUTES ADDED ON
AND JUST, UH, ONE OTHER FOLLOW UP.
YOU KNOW, I, I HIKE ON THE HIKING BIKE TRAIL BY AUSTIN HIGH SCHOOL AND I HEAR THE BAND AND I JUST LOVE LISTENING TO THE BAND.
IT'S GREAT TO HEAR THEM ALL PRACTICING.
THEY'RE PRACTICING IN THE MORNING AND THINGS LIKE, SO WHEN WE TALK ABOUT, UH, YOU KNOW, OTHER, YOU KNOW, TIMES WHEN THAT AREA WOULD BE USED FOR PRACTICES FOR BANDS OR ARE YOU GONNA HAVE BANDS AND THAT KIND OF STUFF.
THEY'RE SOMETIMES THAT WOULD BE A PERMITTED USE TODAY
[01:00:01]
UNDER ITS EXISTING ZONING.THE THING THAT THIS ZONING WOULD ALLOW LITERALLY IS TO ALLOW THE CHARGING OF ADMISSION TO GO WATCH A, A, A GAME.
ALRIGHT, WELL THAT LEADS ME TO MY ANOTHER QUESTION THEN.
THAT 10 PER DOLLARS PER PERSON OR IS THERE LIKE A DISCOUNT FOR KIDS? OH, I DON'T KNOW ABOUT THAT.
IT'S NOT A, IT'S NOT A ZONING QUESTION.
I KNOW THAT'S NOT A ZONING QUESTION.
AND FIRST OFF, I AM KIND OF SURPRISED, I LOOKED AT THE ZONING FOR HOUSE PARK AND IT'S SF THREE, SO, OR AT LEAST ACCORDING TO PROPERTY PROFILE.
SO YOU COULD HAVE GOTTEN AWAY WITH SF THREE THERE.
UM, BUT MY QUESTION IS ABOUT WOULD YOU BE, IF NEIGHBOR, IF THE NEIGHBORHOOD WANTED IT, WOULD YOU BE WILLING TO LIMIT HOURS OF NOISE? HOURS, HOURS? WE CANNOT DO THAT BECAUSE THAT'S ALL GOVERNED BY MLS SOCCER THAT THEY LIKE TELLING THE NFL WHAT THEY CAN AND CAN'T DO.
NOW THERE ARE, THERE ARE NOISE REGULATIONS THAT STILL APPLY AND, AND WE WOULD COMPLY WITH THE APPLICABLE NOISE REGULATIONS.
HOW ABOUT IF FOR NON SOCCER EVENTS? BECAUSE WITH THIS ENTERTAINMENT, WHAT, WHAT'S THIS, THIS ENTERTAINMENT USE OUTDOOR ENTERTAINMENT.
YEAH, OUTDOOR ENTERTAINMENT USE.
IF YOU WERE TO HAVE CONCERT THERE, ROCK CONCERT THERE OR SOMETHING, WOULD YOU BE ABLE TO DO A RESTRICTIVE COVENANT OR SOMETHING ON THAT, OR WHATEVER WOULD BE REQUIRED FOR LIMITING THE HOURS OF OPERATION OR ESSENTIALLY IT'S COVERED BY CODE.
THERE'S A SIGN, THERE'S A SOUND ORDINANCE AND A SOUND PERMIT.
WELL, JUST IN CASE THE NEIGHBORS WANTED TO REQUIRE THAT OR ASK THAT, WE, WE'VE NOT HEARD ANY REQUESTS FOR THAT.
COMMISSIONER CLAIR, DO YOU HAVE ANY INDUSTRIAL USES ON THIS PDA OR NOT IN THE ENTIRE PDA? YEAH.
THE, THE LAND USES HAVE CHANGED, BUT I'M SURE THERE ARE.
THE REASON I'M ASKING IS WITH A PDA, IF YOU HAVE AN INDUSTRIAL USE, YOU'RE LIMITED TO 55 DECIBELS.
SOUND ORDINANCE LIMIT YOU TO 75.
SO IT'S A REAL QUESTION CUZ WHEN I LOOKED AT THIS CASE, TO ME IT WAS LIKE, OOH, THE ISSUES ARE GONNA BE HOURS LIGHTING, THE ISSUE'S GONNA BE SOUND.
UM, TRAFFIC LIGHTING WE'RE SOMEWHAT HAMSTRUNG WITH THE PERFORMANCE STANDARDS, THE SITE DEVELOPMENT STANDARDS THAT WERE NEGOTIATED IN 1998.
I HOPE YOU GOT A BONUS FOR THAT ONE, RICHARD
BUT, UM, ALL THIS MAKES ME THINK THE APPROPRIATE THING TO DO HERE IS TO DO, MAKE THE USE CONDITIONAL SO WE COULD LOOK AT THE HOURS THAT WE COULD LOOK AT THE, THE, THE DECIBEL LEVELS.
UM, I HOPE THAT YOU DON'T MM-HMM.
I WENT TO SEE DIANA ROSS, GREAT PERFORMANCE SCHEDULED AT NINE 30 THAT NIGHT.
AND THAT'S THE KIND OF SITUATION I WOULD BE NERVOUS ABOUT.
UM, I DON'T ASSUME YOU'RE GONNA HEAR MUCH FROM THE NEIGHBORS BECAUSE THAT TRACT HASN'T BEEN USED YET.
THOSE ADJACENT TRACKS TO THE NEIGHBORHOODS HAVEN'T BEEN EXTENSIVELY.
MAYBE THEY'VE BEEN USED, BUT THOSE BLEACHERS SEEM TO BE NEW, SO, OH NO, THAT'S BEEN A VERY ACTIVE AREA FOR OKAY.
SINCE, SINCE THE FIELDS AND THE PITCH WAS BUILT.
THE OTHER THING I CAME ACROSS IN LOOKING AT THE NOISE ORDINANCE, WHAT I WAS SEEING IS THERE'S A TREND IN, UM, SOCCER LEAGUES TO BAN THE USE OF, UH, PARTICIPANTS COMING IN AND USING DRUMS OR BLOW HORNS OR STUFF LIKE THAT.
AND I KNOW THAT'S BASE, WHICH IS HARDER TO REGULATE, YOU KNOW, I JUST KEEP THINKING THIS REALLY? YEAH.
I, I JUST DON'T KNOW WHAT TO TELL YOU.
THERE'S HUNDREDS AND HUNDREDS OF PEOPLE THAT LIVE OVER THERE AND YOU WOULD THINK THAT IF THIS WAS A CASE WHERE EVERYBODY WAS WOUND UP ABOUT IT, WE CONTACTED THE PRESIDENT OF THE NEIGHBORHOOD ASSOCIATION, NOTICES WENT OUT, UM, NOT EVEN A REACTION.
IT, IT JUST HASN'T BEEN, I MEAN, IT'S, IT'S A FUN PLACE.
IT'S, UH, I'M TELLING YOU THE KIDS IN THE YOUTH ACADEMY AND WHAT GOES ON OVER THERE, IT'S VERY ACTIVE AND IT'S BEEN DESCRIBED TO ME AS A, A PRETTY COOL PLACE.
[01:05:01]
I WOULD'VE