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[00:00:03]

WE'LL GO AHEAD AND GET STARTED.

ALL RIGHT, I

[Determination of Quorum / Meeting Called to Order]

NOW CALL THIS MEETING AND THE PLANNING COMMISSION TO ORDER AT, OH GOSH, 6:04 PM UM, FIRST WE'RE GONNA TAKE ROLL CALLS, STARTING WITH THOSE IN THE CHAMBERS, FOLLOWED BY THOSE ATTENDING VIRTUALLY.

UH, PLEASE ACKNOWLEDGE YOUR PRESENCE WHEN I CALL YOUR NAME.

UM, SO I'LL JUST GO AS I SEE, UH, BOARD MEMBER COHEN SIO.

YES, SORRY.

UM, COMMISSIONER THOMPSON HERE.

UH, CLA OR, UH, CHAIR HEMPLE TONIGHT ON YOUR CHAIR HERE.

COMMISSIONER SING HERE.

ALL RIGHT.

COMMISSIONER GIANNIS POLITO? HERE.

COMMISSIONER HOWARD? HERE.

COMMISSIONER SH OR, UH, YEAH.

CHAIR SHAW.

HERE.

COMMISSIONER SCHNEIDER? HERE.

COMMISSIONER COX HERE.

ALL RIGHT.

AND I THINK WE HAVE COMMISSIONER ANDERSON, BUT HE IS OFF THE DIAS RIGHT NOW.

UM, OKAY.

SO, UM, REMINDER, FOR THOSE ATTENDING VIRTUALLY, PLEASE HAVE YOUR GREEN, RED, AND YELLOW ITEMS FOR VOTING.

UM, AND FOR THOSE ONLINE, ALSO REMAIN MUTED WHEN YOU'RE NOT SPEAKING AND RAISE YOUR HAND TO BE RECOGNIZED AND JUST GIMME A SHOUT IF YOU, IF I MISSED YOU.

SO, UM, I UNDERSTAND THAT WE DON'T HAVE ANYBODY SIGNED UP FOR PUBLIC COMMUNICATION.

UM, SO WE WILL MOVE RIGHT

[Reading of the Agenda]

INTO OUR, UH, CONSENT AGENDA.

THE FIRST ITEM ON THE CONSENT AGENDA IS THE APPROVAL OF THE MINUTES FROM FEBRUARY 14TH, 2023.

UH, DOES ANYBODY HAVE ANY CHANGES TO THOSE MINUTES? SEEING NINE, THAT WILL BE ADDED TO OUR CONSENT AGENDA.

ALL RIGHT, AND SO, UM, COMMISSIONER SHAY IS GOING TO HELP ME OUT TONIGHT AND READ THE PROPOSED CONSENT AGENDA, IDENTIFY THOSE THAT ARE CONSENT, POSTPONEMENT, AND NON-DISCUSSION.

OKAY.

SO ITEM TWO IS PLANNED AMENDMENT NPA 2 20 22 0 0 5 0.01 VARGAS MIXED USE DISTRICT THREE.

THIS IS STAFF POSTPONE TO MARCH 14TH.

ITEM THREE IS A REZONING C 14 20 22 0 1 0 7 VARGAS MIXED USE DISTRICT THREE STAFF POSTPONE TO MARCH 14TH.

ITEM FOUR IS PLAN AMENDMENT N P A 20 22 0 1 4 0.03.

CHAPMAN 71, DISTRICT TWO.

THIS IS STAFF POSTPONEMENT TO MARCH 28TH.

WE HAVE ITEM FIVE AS PLAN AMENDMENT NPA 20 22 14 0 5 BERGSTROM SPUR TRAIL MIXED USE DISTRICT TWO.

THIS IS STAFF POSTPONEMENT TO APRIL 11TH.

ITEM SIX IS PLANNED AMENDMENT NPA 2022 DASH 0 0 0 8 0 1 DASH UH, 3 317 TO 31 21 EAST 12TH STREET, DISTRICT ONE.

THIS IS STAFF POST POSTPONEMENT TO MARCH 28TH.

WE HAVE ITEM SEVEN.

IT'S AN MPA 2022 DASH 0 0 2 3 0 2 EAST 51ST AND CAMERON DISTRICT FOUR STAFF POSTPONEMENT TO APRIL 25TH.

ITEM EIGHT IS A PLANNED AMENDMENT NPA 2022 DASH 0 0 2 1 0 2 BURSON AND BEN WHITE DISTRICT THREE.

THIS IS TAF POST MOMENT TO APRIL 25TH.

ITEM NINE IS PLANNED AMENDMENT NPA 2022 DASH 0 0 0 9 0 1 1007 AND ONE AND 10 21 EAST SEVENTH STREET DISTRICT THREE STAFF POSTPONEMENT TO MARCH 14TH, ITEM 10.

AND IT'S, UH, NPA 2022 DASH 0 0 0 5 0 2.

SECOND ALPHA 95, DISTRICT THREE, APPLICANT POSTPONEMENT TO MARCH 28TH.

ITEM 11 IS A REZONING C 14 DASH 2022 DASH 114 DASH SECOND ALPHA 96, DISTRICT THREE, APPLICANT POSTPONEMENT TO MARCH 28TH.

ITEM 12, WE HAVE A PLAN AMENDMENT NPA 2022 DASH 0 0 1 0 0 1 26 15 TO 26 17 EAST SIXTH STREET DISTRICT THREE STAFF POSTPONEMENT TO MARCH 14TH.

ITEM 13 IS C 14 20 22 TO 1 12 26 15 TO 26 17 EAST SIXTH STREET DISTRICT THREE STAFF POSTPONEMENT TO MARCH 14TH.

WE HAVE ITEM, LET'S SEE, 13 ITEM 14

[00:05:02]

N.

IT'S NPA DASH 2022 DASH 0 15 0 3 DARBY YARD SEVEN DISTRICT ONE NEIGHBORHOOD POSTPONEMENT TO MARCH 28TH.

IT'S A FIRST REQUEST.

WE HAVE ITEM 15.

IT'S A REZONING C 14 20 22 DASH 0 1 0 5 DARBY YARD, 700 DISTRICT ONE NEIGHBORHOOD POSTPONEMENT MARCH 28TH FIRST REQUEST.

ITEM 16 IS A PLAN AMENDMENT NPA 2022 DASH 0 0 3 1 0 180 6 40 AND 8,700 SHOLL CREEK BOULEVARD, DISTRICT SEVEN.

THIS IS ON CONSENT SENT.

ITEM 17 IS A REZONING C 14 DASH 2022 DASH 117 86 40 AND 8,700 SHOLL CREEK BOULEVARD, DISTRICT SEVEN.

THIS IS ON CONSENT.

WE HAVE ITEM 18 AS A PLAN AMENDMENT NPA DASH 2022 DASH 0 15 0 4 HUDSON.

NUMBER THREE, DISTRICT ONE NEIGHBORHOOD POSTPONEMENT MARCH 28TH.

THAT'S A FIRST REQUEST.

ITEM 19, REZONING C 14 20 22 DASH 0 1 0 6 HUDSON.

NUMBER THREE, DISTRICT ONE NEIGHBORHOOD POSTPONEMENT TO MARCH 28TH.

FIRST REQUEST, WE HAVE ITEM 20 AS A PLAN AMENDMENT NPA DASH 2022 DASH 0 16 2 BOARD AND TRACK DISTRICT THREE STAFF POSTPONEMENT TO MARCH 14TH, ITEM 21 REZONING C 14 DASH 2022 DASH 1 21 BOARD AND TRACK DISTRICT THREE STAFF POSTPONEMENT TO MARCH 14TH, ITEM 20 TWOS.

PLAN AMENDMENT NPA DASH 2022 DASH 0 0 1 5 0 6.

KLAUS SESTER DWELLINGS DISTRICT ONE NEIGHBORHOOD POSTPONEMENT TO MARCH 28TH.

ITEM 23 IS A REZONING C 14 DASH 2022 DASH ONE 15 G CHESTER DWELLINGS DISTRICT ONE NEIGHBORHOOD POSTPONEMENT TO MARCH 28TH.

WE HAVE ITEM 24 IS A PLAN AMENDMENT NPA 2022 DASH 0 0 1 5.

DO ZERO SEVEN SH NORMAN CROSS NORMAN CROSSING DISTRICT ONE.

IT'S A CONSENT ITEM 25 REZONING C 14 DASH 2022 DASH 1 22 SH NORMAN CROSSING DISTRICT ONE ON CONSENT.

ITEM 26 REZONING C 14 DASH 2022 DASH 0 1 7 1 79 60 SHOLL CREEK REZONING DISTRICT SEVEN ON CONSENT ITEM 27 REZONING C 14 DASH 2022 DASH 0 27 REDLEAF HIGHLAND TRACK 12 DISTRICT FOUR, APPLICANT POSTPONEMENT TO MARCH 28TH.

ITEM 28 REZONING C 14 DASH 2022 DASH 0 28 REDLEAF HIGHLAND TRACK THREE DISTRICT FOUR APPLICANT POSTPONEMENT TO MARCH 28TH.

ITEM 29 IS A REZONING C 14 DASH 2022 DASH 0 0 29.

REDLAND LEAF HIGHLAND TRACK FIVE DISTRICT FOUR APPLICANT POSTPONEMENT TO MARCH 25TH, SORRY, 28TH.

ITEM 30 IS A REZONING C 14 20 22 DASH 30 REDLEAF, HIGHLAND TRACK FOUR, DISTRICT FOUR APPLICANT POSTPONEMENT TO MARCH 28TH.

ITEM 31 IS A REZONING C 14 DASH 2022 DASH 0 1 54 EL PALACIO EVENT CENTER, DISTRICT FOUR ON CONSENT ITEM 32.

IT'S A REZONING C 14 DASH 2022 DASH 0 2 0 5 DENNY'S CONDOS DISTRICT ONE.

THIS WILL BE A DISCUSSION ITEM.

ITEM 33 REZONING C 14 DASH 2022 DASH 0 2 0 3 RIVER, RIVERSIDE AND VARGAS DISTRICT THREE.

THIS IS ON UH, POSTPONEMENT DISCUSSION.

WE HAVE ITEM 34 IS A REZONING C 14 DASH 2022 DASH 0 1 0 2 5 0 6 AND 5 0 8 WEST REZONING DISTRICT NINE UP FOR DISCUSSION ITEM 35, WE HAVE A REZONING C 14 DASH 2022 DASH 0 1 19 5 2 25 NORTH LAMAR BOULEVARD, DISTRICT NINE.

THAT'S A STAFF POSTPONEMENT TO MARCH 28TH.

ITEM 36 IS A FINAL PLAT FROM AN APPROVED PRELIMINARY PLAN C EIGHT J DASH 2019 DASH 0 1 43 3 A HOWARD LANE, PHASE THREE THAT'S ON CONSENT.

WE HAVE ITEM 37, FINAL PLATFORM AND APPROVED PRELIMINARY PLAN C EIGHT J DASH 2018

[00:10:01]

DASH 0 91 4 A TURNER'S CROSSING SOUTH PHASE TWO ON CONSENT.

WE HAVE ITEM 38 IS A RE SUBDIVISION C EIGHT DASH 2022 DASH 2 67 0 A RE SUBDIVISION OF LOT ONE DASH A DISTRICT SIX ON CONSENT.

AND FINALLY ON WE HAVE ITEM 39 AS A FINAL PLAT C 8 20 22 DASH 0 3 52 DO ZERO A 2020.

RALPH ALBANINO DRIVE ON CONSENT.

AND THAT'S EVERYTHING FROM OUR CONSENT AGENDA.

ALL RIGHT, THANK YOU COMMISSIONER SHAY.

AND I WANTED TO RECOGNIZE COMMISSIONER MOSH TYLER, UH, ONLINE AND COMMISSIONER ZA UH, JOINING US.

SO WE HAVE 11 TONIGHT.

UM, AND I THINK THERE WAS, UM, MISREADING NUMBER 34.

IT MIGHT HAVE CHANGED RECENTLY.

IT DID.

SO NUMBER 34, UM, WHICH IS THE 5 0 6 AND 5 0 8 WEST REZONING IS, UH, ACTUALLY A NEIGHBORHOOD POSTPONE TO MARCH 14TH.

SO DO I HAVE ANY COMMISSIONERS NEEDING TO RECUSE THEMSELVES FROM ANY ITEMS ON THE AGENDA? UH, CHAIR.

YES.

COMMISSIONER SCHNEIDER.

UH, UH, NOT A RECUSAL, BUT, UM, WHAT DO WE NEED TO, UH, ON NUMBER 39? IS THAT APPROVED WITH CONDITIONS PER EXHIBIT C? JUST TO CLARIFY THAT, UH, CONSENT RECOMMENDATION ON THAT 39.

UH, YES.

READING THAT INTO THE RECORD, YOU'RE CORRECT.

COMMISSIONER SCHNEIDER, UH, 39 IS APPROVAL WITH CONDITIONS PER EXHIBIT C AND THANK YOU FOR CATCHING THAT.

ANY OTHER, UM, RECUSALS QUESTIONS? YES, COMMISSIONER YIANNIS POLITO, I'D LIKE TO PULL 16 AND 17 FOR DISCUSSION, HOPEFULLY TOGETHER.

16 AND 17? YES, PLEASE.

OKAY.

IS ANYBODY ELSE HAVING A LITTLE TROUBLE HEARING IN THE ROOM? I THINK IT MIGHT NEED TO GO UP A LITTLE BIT.

NO, IT SEEMS A LITTLE QUIET.

OKAY.

ITEMS 16 AND 17 HAVE BEEN PULLED FOR DISCUSSION.

ANYBODY ELSE? CHECK? YES.

QUICK COMMENT.

YES.

SO, UH, I THINK IT'S GOOD TO POINT OUT THAT EVEN THOUGH WE WERE 10 DAYS FROM VOTING ON A BRAND NEW LAND DEVELOPMENT CODE THAT IS STILL DESPERATELY NEEDED IN THIS CITY, UM, ALL THAT'S LEFT AND ONLY TOOL REALLY LEFT FOR AUSTINITES ARE REZONINGS.

AND UNFORTUNATELY WE HAVE A BIG SHORTAGE ON STAFF OF REZONING CASE MANAGERS.

AND SO AS I UNDERSTAND IT, THERE'S A LOT OF CASES BEING POSTPONED AS A RESULT.

SO TWO THINGS.

IT'D BE GREAT TO HAVE BETTER ZONING.

WE DIDN'T HAVE TO HAVE SO MUCH REZONING, BUT ALSO IF ANYONE'S WATCHING THIS AND WANTS TO WORK FOR THE CITY, NOW'S A GREAT TIME.

THANK YOU.

COMMISSIONER ANDERSON.

UM, NOTE ON NUMBER 33.

UM, WE ACTUALLY DON'T HAVE ANYBODY SIGNED UP TO SPEAK IN OPPOSITION, SO UNLESS I HEAR OTHERWISE, I'M GOING TO PUT IT ON CONSENT.

SO PLEASE LET ME KNOW IF THAT IS AN ISSUE.

YES, CHAIR, JUST TO CLARIFY, ARE WE SAYING THAT WE WOULD BE PUTTING IT ON CONSENT TO POSTPONE OR NO.

TO MOVE FORWARD? OKAY.

THANK YOU.

CHAIR.

WE DID GET A, AN EMAIL ASKING FOR A POSTPONEMENT MM-HMM.

FROM THE NEIGHBORHOOD TEAM.

I DON'T KNOW IF THAT, BUT NOBODY'S HERE TO SPEAK TO IT OR DIDN'T SIGN UP VIRTUALLY.

DID YOU WANNA PULL IT? UH, NO.

OKAY.

OKAY.

LET

[Consent Agenda]

ME GO BACK AND READ THE CONSENT AGENDA.

SO WE HAVE, UM, ITEMS NUMBER TWO AND THREE STAFF POSTPONEMENT TO MARCH 14TH.

NUMBERS FOUR, STAFF POSTPONEMENT TO MARCH 28TH.

NUMBER FIVE, STAFF POSTPONEMENT TO APRIL 11TH.

NUMBER SIX, STAFF POSTPONED TO MARCH 28TH, NUMBER SEVEN AND EIGHT, STAFF POSTPONEMENT TO APRIL 25TH.

NUMBER NINE, STAFF POSTPONEMENT TO MARCH 14TH, NUMBER 10 AND 11.

STAFF POSTPONEMENT TO MARCH 28TH.

NUMBER 12 AND 13.

STAFF POSTPONE TO MARCH 14TH, NUMBER 14

[00:15:01]

AND 15.

NEIGHBORHOOD POSTPONEMENT TO MARCH 28TH.

NUMBER 16 AND 17 ARE UNCON, UH, SORRY, THOSE WERE JUST PULLED FOR DISCUSSION NUMBER 18 AND 19, NEIGHBORHOOD POSTPONEMENT TO MARCH 28TH.

NUMBER 2021, STAFF POSTPONEMENT TO MARCH 14TH, NUMBER 22 AND 23, NEIGHBORHOOD POSTPONEMENT TO MARCH 28TH, NUMBER 24 AND 25 OR ON CONSENT NUMBER 26 IS ON CONSENT NUMBER 27, 28, 29 AND 30 ARE ALL APPLICANT POSTPONEMENT TO MARCH 28TH.

NUMBER 31 IS CONSENT NUMBER 32 IS FOR DISCUSSION.

NUMBER 33 WILL BE ON CONSENT NUMBER 34 NEIGHBORHOOD POSTPONEMENT TO MARCH 14TH, NUMBER 35, STAFF POSTPONEMENT TO MARCH 28TH AND NUMBER 36, 37, 38, 39 ARE ALL ON CONSENT.

DID I GET THAT RIGHT? ANYBODY HAVE ANY CHANGES? CHAIR? YES.

REGARDING COMMISSIONER THOMPSON'S QUESTION ABOUT ITEM 33.

HAS THERE BEEN A PREVIOUS NEIGHBORHOOD POSTPONEMENT REQUEST ON THAT ITEM? THE EMAILS THAT IT WAS THE FIRST.

OKAY.

UM, AND IS DO, IS IT A REQUIREMENT THAT WE HAVE SPEAKERS ON THE POSTPONEMENT DISCUSSION? NO, IT'S NOT A REQUIREMENT.

I, I OFFERED IT TO GO ON CONSENT, BUT YOU COULD PULL IT FOR DISCUSSION POSTPONEMENT.

OH, I'LL PULL IT FOR DISCUSSION POSTPONEMENT, PLEASE.

OKAY.

NOTED.

UM, THAT IS NUMBER 30.

THREE'S BEEN PULLED FOR DISCUSSION POSTPONEMENT.

ALL RIGHT.

UM, UH, MR. RIVERA, ANY SPEAKER SIGNED UP ON ANY OF THE ITEMS THAT ARE ON THE CONSENT AGENDA? CHAIR, COMMISSIONER LEE ON VERA? NO, THE, UH, CONSENT AGENDA CAN, UM, UH, PROCEED AS READ.

UH, BUT I THINK YOU MAY WANT TO ENTERTAIN ALSO PLACING THE, UH, INITIATION OF THE CODE AMENDMENT.

OH, UH, SPONSORED BY THOMPSON AND ANDERSON.

YES.

AS PART OF THE CONSENT AGENDA, THANK YOU FOR REMINDING ME.

UM, COMMISSIONERS, IF YOU LOOK AT NUMBER 41, THE, UM, DISCUSSION AND POSSIBLE ACTION INITIATING CODE AMENDMENTS TO CITY CODE TITLE 25 TO MODIFY THE CORRIDOR OVERLAY COMBINING DISTRICT TO ADD ADDITIONAL OVER ROADWAYS TO THE OVERLAY.

UM, IS ANYONE OPPOSED TO THAT BEING PUT ON THE CONSENT AGENDA? COMMISSIONER MUHA? WE HAD A BRIEFING ON THIS.

UM, NO, THIS WAS, UH, AN ITEM INITIATED BY COMMISSIONERS THOMPSON AND ANDERSON MM-HMM.

, BUT WE HAVEN'T HAD A CHANCE TO DISCUSS IT.

NO.

WOULD YOU LIKE TO KEEP IT ON THE YEAH, I'D LIKE TO HEAR ABOUT IT.

OKAY.

NOTED.

THANK YOU.

YEP.

TO, TO, JUST TO BE CLEAR, TO SPEAK TO IT REALLY QUICKLY, ALL WE'RE ASKING IS THE, THE INITIATION OF THE PROCESS.

THE PROCESS, MEANING IT WOULD GO TO CODES AND ORDINANCES FIRST, AND, AND THEY WOULD DISCUSS IT AND THEN IT WOULD COME BACK TO PC AND WE WOULD DISCUSS IT AT THAT TIME TO, FOR A POSSIBLE MOVING FORWARD.

SO THERE'S NOT A WHOLE LOT OF DISCUSSION RIGHT NOW OTHER THAN SHOULD WE EVEN START THE PROCESS? OKAY.

I'M OKAY.

PULLING MY REQUEST TO PULL IT.

.

OKAY.

NO, IT IS.

ALL RIGHT.

NUMBER 41 IS ADDED TO THE CONSENT AGENDA ALONG WITH OUR MINUTES FROM FEBRUARY 14TH.

UM, YES, SURE.

CAN I JUST MAKE A QUICK COMMENT ON THAT ITEM? I, I DO APPRECIATE THAT ITEM, AND I KNOW THERE WAS A LOT OF CONVERSATION AT COUNCIL TO DO SOME OF THIS WORK THIS YEAR.

THE ONLY THING I WANT TO SAY AS WE APPROVE IT IS, AND I DO SUPPORT IT, IS HOPEFULLY AS WE'RE DOING THIS CONVERSATION, OUR STAFF CAN REALLY LOOK AT HOW TO AFFIRMATIVELY FURTHER FAIR HOUSING AND MEET YOUR, MEET OUR GOALS AROUND HOUSING DISPERSION AND USE THIS OPPORTUNITY FOR THAT PURPOSE.

THANK YOU, COMMISSIONER ZAR.

ANY OTHER COMMENTS? OKAY.

CAN I GET A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA? UM, I THOUGHT I SAW A, A HAND COMMISSIONER SCHNEIDER SECONDED BY COMMISSIONER HOWARD.

ALL OF THOSE IN FAVOR.

OKAY.

UH, COMMISSIONER COX, DO YOU HAVE GREEN OR WHICHEVER WAY YOU'RE GONNA VOTE? , I SEE A THUMBS UP.

ALL RIGHT.

UH, UNANIMOUS ON VIRTUALLY ON DIAS.

OKAY.

UNANIMOUS.

MOVING

[33. Rezoning: C14-2022-0203 - Riverside and Vargas; District 3 (Part 1 of 2)]

FORWARD TO OUR DISCUSSION, POSTPONEMENT CASE, WHICH IS NUMBER 33.

YES.

NUMBER 33.

UM, CHAIR, COMMISSION, LAY.

UM, YES.

[00:20:01]

SO, UM, YOU DON'T HAVE ANY, UH, SPEAKERS IN OPPOSITION? NOT SURE IF THE, UH, APPLICANT WISHES TO ADDRESS THE COMMISSION.

UM, SO, UM, MS. SO WE WILL HAVE, UH, THREE MINUTES COMMISSIONERS.

AMANDA SWORE, UH, WITH JENNER GROUP.

I'M SPEAKING ON THE DISCUSSION POSTPONE, SO I DON'T NEED THE PRESENTATION.

YES.

YEAH, THIS IS NOT A PUBLIC HEARING, NOT ON MERITS OF THE CASE.

JUST ON THE, ON THE REQUIRE ON THE DISCUSSION POSTPONE.

MM-HMM.

UM, I'VE BEEN DOING THIS A LONG TIME.

THIS IS LITERALLY THE SECOND TIME THAT I'VE EVER, UM, GOTTEN UP AND SPOKEN AGAINST A POSTPONEMENT.

UM, WE RESPECT THE PROCESS.

IT IS THERE FOR A REASON.

THIS CASE HAS A SERIES OF VERY, UM, UNIQUE CIRCUMSTANCES.

THIS IS A REZONING CASE THAT IS PART OF A SMART HOUSING CASE, UM, MEANING THAT OF THE 600 UNITS, 300 OF THEM ARE PROPOSED TO BE AFFORDABLE.

UM, WITH THAT, WE HAVE A PROJECT THAT HAS A CONTRACTUAL DEADLINE OF MARCH THE 10TH.

THAT IS OUR LAND SELLER, UM, LAND SELLER'S DEADLINE.

UM, WE ARE CURRENTLY SCHEDULED FOR CITY COUNCIL ON MARCH THE NINTH.

UNFORTUNATELY, THIS CASE GOT CUT UP IN SOME, UM, REALLY UNIQUE CIRCUMSTANCES AS IT WENT THROUGH THE REZONING PROCESS.

IT WAS ONE OF THE FIRST PROJECTS, UM, TO REQUIRE A ZONING TRANSPORTATION ANALYSIS, A ZT A, UH, WE HAD CLEARED ALL OF ZONING STAFF'S COMMENTS AND WERE ACTUALLY NOTICED ON YOUR AGENDA.

ORIGINALLY IN NOVEMBER, UH, WE ENDED UP BEING POSTPONED TO DECEMBER THE 13TH.

AND WITH THAT, UH, THAT MEETING WAS CANCELED BECAUSE OF THE ELECTIONS.

AND SO WITH THAT, WE GOT INTO THE REQUIREMENTS TO START REIFYING.

AND ONCE WE CLEARED THE ZT, WHICH WAS JANUARY THE FIFTH, WE WERE SUPPOSED TO BE SCHEDULED FOR YOUR JANUARY, I THINK IT WAS THE 20, YOUR LAST MEETING IN JANUARY, YOUR JANUARY 20 SOMETHING.

UM, MEETING, UNFORTUNATELY, UH, THINGS HAPPENED.

WE GOT A NOTE FROM STAFF THAT UNFORTUNATELY THE CASE WAS OVERLOOKED AND IT DIDN'T GET ON THE AGENDA, WHICH WAS FINE.

UM, WE WERE SUPPOSED TO BE ABLE TO GO TO THE FEBRUARY 14TH PLANNING COMMISSION AGENDA.

UNFORTUNATELY, THAT, UM, CASE DIDN'T GET NOTIFIED BECAUSE OF THE ICE STORM.

WE WERE ONE OF THOSE THAT WAS A CASUALTY.

SO WE, WHERE WE WERE SUPPOSED TO BE ON YOUR AGENDA IN NOVEMBER.

WE ARE NOW HERE ON THE 28TH OF FEBRUARY WITH, THIS IS OUR LAST CHANCE TO COME TO YOU TO GET TO COUNCIL BY THE 9TH OF MARCH TO ACTUALLY BE ABLE TO MOVE FORWARD.

UM, MY UNDERSTANDING IS THE NEIGHBORHOOD POSTPONEMENT CAME AT NINE O'CLOCK LAST NIGHT.

UM, WE HAVE BEEN IN CONVERSATIONS WITH THE NEIGHBORHOOD SINCE OCTOBER.

UM, TO MY KNOWLEDGE, THERE IS NOTHING THAT THEY HAVE NOT NEEDED.

THEY'VE ASKED A LOT OF QUESTIONS ABOUT THE AFFORDABILITY.

I CAN TALK TO THAT IF Y'ALL WANT TO.

AGAIN, IT IS A SMART HOUSING CASE WITH 50% OF THE UNITS AS AFFORDABLE.

AGAIN, TO MY KNOWLEDGE, THERE'S NOT ANYTHING THAT'S OUTSTANDING FROM THE NEIGHBORHOOD, AND I, I DON'T TAKE THIS REQUEST LIGHTLY, BUT WE DO REQUEST THAT YOU MOVE THIS CASE FORWARD TONIGHT, AND I'M HAPPY TO ANSWER ANY QUESTIONS.

ALL RIGHT, THANK YOU.

UM, WELL, WE'LL OPEN IT UP FOR, I'LL PROPOSE HAVING FIVE COMMISSIONERS AT THREE MINUTES EACH FOR ANY QUESTIONS.

UM, DOES ANYBODY TAKE OFFENSE TO THAT? DISAGREE? OKAY.

CLARIFYING QUESTION.

YES, SORRY.

UH, WE CAN'T DISCUSS, CAN WE DISCUSS AFFORDABILITY IN THE POSTPONEMENT DISCUSSION? WE'D HAVE TO GO INTO DISCUSSION TO ASK THOSE QUESTIONS, CORRECT? CORRECT.

YEAH.

YEAH, JUST THE, JUST ABOUT THE POSTPONEMENT ITSELF.

OKAY.

THANK YOU.

OKAY.

ANY QUESTIONS? COMMISSIONER COX? I WAS TRYING TO UNDERSTAND, UM, I GUESS MAYBE FROM STAFF OR THE APPLICANT, IF, IF THIS IS LARGELY JUST CLEANING UP A MAP, UM, THE FACT THAT, YOU KNOW, SOME SORT OF BOUNDARY WENT RIGHT THROUGH THIS, THIS LOT, UM, IS THAT ESSENTIALLY WHAT THIS CASE IS ABOUT OR IS IT ABOUT SOMETHING MORE? CAN I ANSWER THAT? YEAH, APPLICANT.

YEAH, THAT'S FINE.

I'LL ALLOW IT.

UM, TRY TO CHAIR COMMISSION THAT'S DELVING INTO THE, UH, MATTERS OF THE CASE.

DOESN'T HAVE ANYTHING TO DO WITH SCHEDULING .

WELL, I WAS JUST TRYING TO UNDERSTAND IF IT'S SOMETHING MORE THAN AN ADMINISTRATIVE TYPE PREZONING.

CUZ IF IT'S ADMINISTRATIVE, THEN I DON'T SEE A NEED TO TO POSTPONE IT, BUT IF IT'S SOMETHING MORE, THEN WE MAY WANT TO GIVE IT MORE CONSIDERATION.

I'LL, I'LL ALLOW YEAH.

THE, THE, IT IT IS EXTENDING THE ZONING BOUNDARY TO TAKE UP THE ENTIRETY OF THE PROPERTY.

IS THAT A FAIR ANSWER? AND THAT'S THE ONLY CHANGE THAT'S BEING REQUESTED, IS JUST TO MAKE SURE THAT YOUR WHOLE PROPERTY BOUNDARY IS, IS BASICALLY THE SAME DEVELOPMENT STANDARDS FOR THE WHOLE BOUNDARY? YES, SIR.

IT EXTENDS THE HUB BOUNDARY AND THE DESIGNATION TO TAKE UP THE ENTIRETY OF THE PROPERTY.

WE HAD TO ZONE THE ENTIRETY OF THE PROPERTY BECAUSE THERE WAS NO DESIGNATED LINE ON WHERE THE, THE ARBITRARY LINE THAT SPLITS THE PROPERTY WAS WE, SO WE HAD TO ZONE THE ENTIRETY OF THE PROPERTY.

WE COULDN'T ZONE IT VIA MEETS AND BOUNDS LIKE YOU SEE A LOT OF TIMES.

OKAY.

THANK YOU.

ALL RIGHT.

THANK YOU.

UH, OTHER QUESTIONS ABOUT

[00:25:01]

POSTPONEMENT, COMMISSIONER? THANK YOU, TREY, UM, MS. WORK, CAN YOU, UM, IT, IT SOUNDS LIKE, SO JUST SO I UNDERSTAND, FOR THE SAKE OF THE PERFORM, IT SEEMS LIKE THERE'S BEEN AN ONGOING CONVERSATION WITH THE NEIGHBORHOOD OVER THE PAST FEW MONTHS.

YES, SIR.

THAT'S ACCURATE.

UM, AND I'M GONNA ASSUME IS YOUR, IS THE IDEA WOULD BE, LET'S SAY, IF THERE'S, WOULD YOU SAY THERE'S LIKE A FEW REMAINING ITEMS LEFT TO CONSIDER? LIKE HAVE YOU BEEN ABLE TO RESOLVE OTHER ISSUES ALREADY? I BELIEVE THAT IT'S PRETTY MUCH CLEANED UP.

I KNOW THAT SOME OF THE NEIGHBORHOOD REPRESENTATIVES HAD BEEN TRAVELING AND ARE TRAVELING, SO I DO NOT WANNA SPEAK FOR THEM, UM, BY ANY MEANS ON THE RECORD.

BUT MY UNDERSTANDING IS THAT THERE'S NOTHING OUTSTANDING THAT THEY'RE WAITING ON FOR US, AND WE HAVE BEEN ABLE TO ANSWER A LOT OF THEIR QUESTIONS.

AND IS THERE SOME SORT OF AGREEMENT THAT YOU HAVE WORKED OUT WITH THEM? THEY DO HAVE A DRAFT AGREEMENT FROM US IN THEIR INBOX AS OF TODAY.

AND THEN MY LAST QUESTION WOULD BE, I'M, I'M JUST GONNA ASK YOU, BUT IS, IS, WOULD YOU SAY THAT YOU'RE WILLING TO WORK TO RESOLVE ANY OUTSTANDING ISSUES AS THIS GOES TO COUNSEL? YES.

SO IF WE DO ESSENTIALLY MOVE FORWARD THIS CASE TODAY, THERE WILL BE AN OPPORTUNITY FOR YOU TO RESOLVE ANY LASTING ISSUES THAT THE NEIGHBORHOOD MIGHT HAVE? YES, SIR.

I DID SPEAK WITH MR. MCGEE THIS MORNING ON THE PHONE AND I TOLD HIM THAT AS WELL.

I, I ASKED IF THEY WOULD ALLOW US TO CONTINUE TO GO FORWARD TODAY AND WE WOULD AGREE TO CONTINUE THOSE CONVERSATIONS AS WE WENT TO COUNSEL.

I APPRECIATE THAT.

THANK YOU.

COMMISSIONER SCHNEIDER, UH, MS. WARD, YOU, YOU MENTIONED, UH, A MARCH 10TH DEADLINE, I THINK.

CAN YOU TELL ME WHAT THAT DEADLINE IS AND WHAT THE CONSEQUENCES ARE? IF YOU SAID THAT IS OUR CONTRACTUAL DEADLINE WITH THE LAND SELLER? WE HAVE ALREADY, BECAUSE OF THE FIRST POSTPONEMENT, WE HAD PUT UP SIGNIFICANT EARNEST MONEY TO GET THAT EXTRA MONTH.

IT WAS ORIGINALLY THE, PARDON ME, IT WAS ORIGINALLY FEBRUARY DATE WE PAID, UM, I WON'T GO INTO NUMBERS, BUT A SIGNIFICANT AMOUNT OF MONEY TO GET TO THIS MARCH 10TH DATE.

AND SO THAT'S THE DATE RIGHT NOW THAT WE EITHER HAVE TO CLOSE OR PUT UP A VERY SIGNIFICANT AMOUNT OF ADDITIONAL MONEY THAT COULD, UM, LEGITIMATELY BECAUSE THIS IS AN AFFORDABLE HOUSING PROJECT, JEOPARDIZE THE VIABILITY OF THE PROJECT.

YEAH.

AND, UH, IF THIS IS HEARD BY CAPITAL ON THE NINTH, YOU EXPECTING TO GET THROUGH ALL OF THE READINGS ON THE NINTH, THEN, THEN YOU'LL BE ABLE TO CLOSE ON THE 10TH? WE HAVE BEEN TALKING WITH CITY STAFF AND ANTICIPATE THAT THIS WOULD GO WITH FIRST READING.

WE ARE COMFORTABLE CLOSING AFTER FIRST READING WITH CITY COUNCIL.

GOTCHA.

OKAY.

THANK YOU.

ARE THERE QUESTIONS REGARDING THE POSTPONEMENT? ALL RIGHT, ONE LAST QUESTION.

SORRY.

YES, COMMISSIONER POLITO.

HAS, HAS THIS CASE BEEN DISCUSSED PRIOR IN ANY OF THOSE POSTPONEMENT DATES? NO, MA'AM.

THIS IS THE FIRST TIME THAT IT'S ACTUALLY REAL LIVE, BEEN, UM, ABLE TO GO, IT HAD BEEN STAFF POSTPONEMENTS PRIOR BECAUSE THE ZONING TRANSPORTATION ANALYSIS WASN'T COMPLETE AND THEN IT HAD BEEN EITHER WITHDRAWN FROM YOUR AGENDA BECAUSE OF POSTING ERRORS, ET CETERA.

NOTICE ERRORS, PARDON ME? I CANCELED MEETINGS.

CHAIR.

UM, I KEEP SAYING LAST QUESTION, BUT I HAVE ONE MORE.

SO IT SOUNDS LIKE, SO I IF THIS HASN'T EVEN BEEN DISCUSSED, I MEAN THERE ARE QUESTIONS THAT WERE ALLUDED TO THAT I'D REALLY LIKE TO KNOW THE ANSWERS TO.

UM, I DID NOT PULL THIS FOR DISCUSSION, UM, CUZ IT DIDN'T OCCUR TO ME THAT I WOULDN'T BE ABLE TO AFTER WE VOTED ON THE CONSENT AGENDA.

IS IT POSSIBLE TO DISCUSS THIS CASE AND ASK THOSE QUESTIONS, PARTICULARLY AROUND AFFORDABILITY? YES, YOU CAN STILL PULL IT.

OKAY.

I WOULD LOVE TO DO THAT.

COMMISSIONERS HONOR, I'M CLARIFYING STAFF, YOU CAN HELP US ESSENTIALLY IF WE AT THIS POINT, UM, DENY THE POSTPONEMENT AND MOVE AHEAD, IT BECOMES A DISCUSSION CASE FOR TONIGHT.

CORRECT? SURE.

COMMISSION PLEASE.

ANDAND.

THAT IS CORRECT.

YOU JUST DISSOLVED THIS, UH, POST MATTER.

SO COMMISSIONER, HONESTLY, THAT WE WOULD ESSENTIALLY AT THIS POINT DENY THE POSTPONEMENT AND IT BECOMES A DISCUSSION ITEM FOR OUR AGENDA FOR LATER TODAY.

OKAY, THANK YOU.

SURE.

I WAS CONFUSED CUZ ON PRIOR AGENDA IT WAS LISTED AS CONSENT.

MAYBE I JUST, ANYWAY, GO AHEAD, , THAT EXPLAINS IT.

THANK YOU.

MM-HMM.

, CAN I, CAN I MAKE THAT MOTION? UM, WELL, COMMISSIONER AZA OR ANDERSON YOU HAD, I WAS JUST GONNA MAKE THE SAME.

YES.

OH, OKAY.

MOVED TO HEAR THIS ITEM TONIGHT.

OKAY, SECOND ON SECOND.

I'LL SECOND.

UH, COMMISSIONER COX.

ALL THOSE IN FAVOR ON THE DIAS 3, 4, 5.

ALL RIGHT.

AND WE'RE ALL IN AGREEMENT.

UH, COMMISSIONER HOWARD IS OFF OFF SCREEN.

OKAY.

SO WE'RE GOING, GOING TO HEAR THIS CASE TONIGHT.

THANK YOU.

OKAY.

WE'LL GO BACK TO OUR FIRST, LET'S SEE, WE'LL TAKE THEM IN ORDER.

UH, UH,

[00:30:01]

NUMBER 16

[Items 16 & 17]

AND 17, THE SHOAL CREEK BOULEVARD CASES.

SO WE'LL HEAR FROM CITY STAFF.

HEY, CAN YOU HEAR ME? KATHLEEN FOX? YES, WE CAN HEAR YOU.

OKAY.

GOOD EVENING.

I'M KATHLEEN FOX WITH THE HOUSING AND PLANNING DEPARTMENT CHAIR COMMISSION I ON, IF WE COULD PAUSE FOR A MINUTE.

MS. FOX, IF YOU COULD DISPLAY YOUR CAMERA PLEASE.

OKAY.

I'M SORRY.

I DON'T KNOW HOW TO TURN ON THE CAMERA.

OKAY.

UM, WE'LL HEAR FROM THE, UH, ZONING, UH, STAFF AND WE'LL WORK WITH MS. FOX.

OKAY.

SO YOU DON'T WANT ME TO DO MY REPORT FOR THE NEIGHBORHOOD PLAN AMENDMENT CHAIR, COMMISSION LAY ON INVER.

UH, IF THE, UH, COMMISSION DESIRES THE BACKUP IS, UM, UH, PART OF THE RECORD.

WELL, IF WE FIGURE OUT THE CAMERA ISSUES, WE CAN COME BACK TO MS. FOX.

RIGHT? WILL DO.

YEAH, SURE.

GOOD EVENING.

COMMISSIONER SHERRY SIRES WITH THE HOUSING AND PLANNING DEPARTMENT.

SO THIS IS ITEM NUMBER 17, THE ASSOCIATED ZONING CASE, WHICH IS HEY, C 14 20 22 117.

THIS IS LOCATED AT 86 40 IN 8,700 SHO CREEK BOULEVARD.

THE REQUEST IS FROM LI TO I P D A ZONING.

THE STAFF'S RECOMMENDATION IS FOR L I P D A LIMITED INDUSTRIAL PLAN DEVELOPMENT AREA.

COMBINING DISTRICT ZONING FOR THIS PROPERTY, THE PROPERTY IN QUESTION IS DEVELOPED WITH TWO ONE STORY, UH, INDUSTRIAL OFFICE WAREHOUSE BUILDINGS.

THE LOTS TO THE NORTH AND TO THE SOUTH ARE DEVELOPED WITH OFFICE BUILDINGS THAT CONTAIN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE FACILITIES TO THE EAST ACROSS HILL CREEK BOULEVARD.

THERE ARE TWO OFFICE COMPLEXES TO THE WEST.

THERE'S A RAILWAY AND AN OFFICE DEVELOPMENT FRONTING ONTO THE MOPAC NORTHBOUND FRONTAGE ROAD.

IN THIS CASE, THE APPLICANT IS ASKING TO ADD A PDA OR A PLANNED DEVELOPMENT AREA DISTRICT TO THIS EXISTING ALLY ZONING TO REDEVELOP THE PROPERTY WITH A MULTI-FAMILY RESIDENTIAL USE.

THE STAFF RECOMMENDS ALLY PDA ZONING.

THE PROPOSED PDA OVERLAY WILL ADD THE FOLLOWING, PERMITTED RESIDENTIAL USES, BED AND BREAKFAST CONDOMINIUM, RESIDENTIAL, MULTI-FAMILY RESIDENTIAL, TOWNHOUSE RESIDENTIAL, AND AN ADDITIONAL CIVIC USE HOSPITAL SERVICES LIMITED TO THE PROPERTY.

IN ADDITION, THE APPLICANT IS PROPOSING TO PROHIBIT NUMEROUS INTENSIVE COMMERCIAL AND INDUSTRIAL USES.

AS YOU CAN SEE IN YOUR BACKUP IN EXHIBITS D AND E, THERE'S A LONG TABLE THAT IS LISTED.

MOST OF THOSE ARE THE MORE INTENSIVE USES THAT ARE ALLOWED IN THE CURRENTLY ALLOWED IN THE ALLY DISTRICT.

THE APPLICANT IS ALSO PROPOSING TO MAINTAIN, UH, THE SETBACKS IN THE LA DISTRICT FOR THIS PROPERTY AND THE PROPOSED.

UM, SO I'LL GO INTO THE REASONS FOR OUR RECOMMENDATION.

THE PROPOSED LI P D A ZONING IS CONSISTENT WITH THE EXISTING ZONING PATTERNS IN THE AREA BECAUSE THERE IS ALLY INDUSTRIAL ZONING TO THE NORTH, SOUTH AND OFFICE AND COMMERCIAL ZONING TO THE EAST AND WEST AND MULTI-FAMILY ZONING IN USES TO THE SOUTHEAST OF THIS SITE.

THE LAP D A ZONING WOULD ALLOW FOR A FAIR AND REASONABLE USE OF THIS SITE BECAUSE IT WOULD MAKE IT POSSIBLE FOR THE APPLICANT TO DEVELOP ADDITIONAL RESIDENTIAL UNITS IN THIS AREA ALONG A LEVEL FOUR ARTERIAL ROADWAY.

THE PROPOSED THE PROPERTY IS LOCATED ON NORTH BURN GATEWAY, UH, STATION REGIONAL CENTER AS DESIGNATED BY THE AUSTIN COMPREHENSIVE PLAN.

SO I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.

ALL RIGHT, THANK YOU CHAIR, COMMISSIONER, LADIES.

AND, UH, APPEARS WE'RE STILL HAVING DIFFICULTIES WITH, UM, DISPLAYING THE CAMERA FOR MS. FOX.

UM, THE COMMISSIONER WISHES PROCEED.

OKAY, WE'LL PROCEED.

UM, JUST TO NOTE TO COMMISSIONERS THAT BACKUP IS IN THE, UM, THAT INFORMATION IS IN THE BACKUP, SO WE'LL HEAR FROM THE APPLICANT.

NOW.

GOOD EVENING, SHARON COMMISSIONERS DAVID HARTMAN ON BEHALF OF APPLICANT O O H T PARTNERS ON THIS TRACK.

THIS IS THE ADDRESS ON CREEK BOULEVARD IS THREE ACRES, UM, WITH A VACANT OFFICE AND BOOK FULFILLMENT, UH, COMPANY.

THERE'S NO DISPLACEMENT CURRENTLY NO WATER QUALITY CONTROLS ZONED LA AND INDUSTRY PLUM WITH ADJACENT MULTI-FAMILY AND OTHER, UH, OFFICE TRACKS PROPOSED 330 UNITS WITH 10% AFFORDABLE UNITS ADJACENT TO TWO O IMAGINE OCEAN CENTERS, BICYCLE PATH URBAN TRAIL, UM, HALF MILE OF THE BUS STOP.

I'VE GOT EXHIBITS SHOWING ALL THAT.

AS INDICATED STAFF INDICATED GOING FROM LI TO LI P D A INDUSTRY TO MIXED USE.

AND AT THAT, AT THE, UH, NEIGHBORHOODS REQUEST, WERE ADDING SIDEWALK IMPROVEMENTS IN THE 10% AFFORDABLE UNITS

[00:35:01]

SUPPORT BY THE CONTACT TEAM AS WELL AS HOUSING AND PLANNING STAFF.

EXCUSE ME, THIS IS THE LOCATION MAP IN THE AREA OF THE TRACK.

YOU CAN SEE THERE WITH, THERE'S TEXAS DEPARTMENT OF CRIMINAL JUSTICE TO THE NORTH AND SOUTH, FURTHER TO THE SOUTH OFFICE, FURTHER TO THE SOUTH HON.

UH, FIRST TEXAS HONDA DEALERSHIP, A MULTI-FAMILY INTO THE SOUTHEAST, UM, OFFICE ACROSS THE STREET, REALLY NO INDUSTRIAL PER SE UNTIL YOU GET TO LIKE A PLUMBING SUPPLY BASICALLY.

SO IT'S BASICALLY KIND OF HOLD OVER INDUSTRIAL ZONING FROM BACK ON.

THE RAILROAD TRACKS, I THINK SERVE THAT AREA NEXT TO THE IMAGINE AUSTIN CENTERS AS DISCUSSED, UM, ASMP STREETS AND HALF A MILE TO THE CAP METRO BUS STOP, OBVIOUSLY ON, ON ONE OF THE BEST, UM, BIKE ROUTES IN THE CITY.

AND WITH URBAN TRAILS.

AGAIN, THIS SHOWS THE MULTI-FAMILY ACROSS THE STREET, MULTI-FAMILY THROUGHOUT.

AND BASICALLY THE GIST OF THIS PLUM, THIS NEIGHBORHOOD PLAN WAS THAT IT, IT BASICALLY, UH, CENTERED THE RESIDENT RETAINED THE RESIDENTIAL AROUND THE CENTER AND, AND BASICALLY SUGGESTED DENSIFYING, UM, THE RESIDENTIAL AROUND THE, THE EDGES.

AND THAT'S EXACTLY WHAT WE'RE DOING, OBVIOUSLY.

HERE'S A CONCEPT PLAN THAT SHOWS THE FIRE LANE TO THE, THE NORTH.

UM, A BUNCH OF HERITAGE TREES THAT CONSTRAINS THE TRACK.

AND THEN THE ENTRANCE, THERE'S A RIVER TO, EXCUSE ME, A CREEK TO THE SOUTH, THAT FURTHER CONS CONSTRAINS THE PROPERTY.

THIS IS THE, THE, SO THE SOUTH IS, UH, YOU SEE THE STREET GOING EAST WEST, THERE IS CROSS CREEK DRIVE GOES TO PILLOW ELEMENTARY.

AND THE, THE, THE CONTACT TEAM AND NEIGHBORHOOD WANTED US TO, UH, PROPOSE SOME SIDEWALK IMPROVEMENTS.

BASICALLY WANTED A SAFE ROUTE TO SCHOOLS AS I THINK OF IT, WHICH WE WERE HAPPY TO DO.

AND THEY ALSO WANTED, UM, SOME AFFORDABLE UNITS FOR THE TEACHERS THAT WORKED THERE, WHICH WE WERE HAPPY TO COMMIT TO.

FROM INVOLUNTARY STANDPOINT, WE'RE GONNA ENTER INTO BY CITY COUNCIL THIRD READING, WE'LL ENTER INTO A PRIVATE RESTRICTIVE COVENANT WITH ONE OF THE GROUPS IN TOWN THAT DOES THAT.

UM, THIS SHOWS THE PROPERTY CONSTRAINTS THAT BASICALLY DEMONSTRATES THAT ROUGHLY A ONE THIRD OF THE PROPERTIES NOT DEVELOPABLE, WHICH IS PARTLY WHY WE NEED, UM, THE KIND OF HEIGHT WHICH IN WHICH FRANKLY WHEN YOU LOOK AT THE KIND OF PRO APPROXIMATE PROJECTS IS RIGHT IN LINE WITH THE OTHER PROJECTS THAT ARE CURRENTLY UNDER CONSTRUCTION OR UNDER REVIEW BY THE CITY.

SO IT'S PRETTY, PRETTY ANALOGOUS.

UM, IF YOU READ IN THE BACKUP THIS, UH, SUPPORT LETTER FROM THE CONTACT TEAM, WE HAD MULTIPLE MEETINGS WITH THEM AND THEY BOUGHT INTO THE IDEA OF DENSIFYING THE EDGES OF THEIR, UM, PLAN, UH, NEIGHBORHOOD PLAN, UM, EARLY AND, AND WE'RE HIGHLY SUPPORTIVE.

WE DID KIND OF GET INTO SOME DETAILS ABOUT THE SIDEWALKS, ET CETERA, BUT IT'S BASICALLY ONE OF THE STRONGER SUPPORT LETTERS I'VE EVER RECEIVED FROM A NEIGHBORHOOD.

THIS JUST KIND OF DETAILS WHAT'S IN THE BACKUP THAT AGAIN, WE'RE KIND OF ELIMINATING THE PROHIBITING THE, THE DIRTIER USES AND THE ADDITIONAL PROHIBITED USES THAT STAFF REQUESTED WE WERE AMENABLE TO.

SO ALL IN ALL, THAT'S BASICALLY, YOU KNOW, FROM MY PERSPECTIVE, PRETTY SIMPLE.

UM, SUPPORTS, UH, COUNCIL DIRECTED FOR MORE HOUSING IN ALL AREAS ON A CORRIDOR NEAR TRANSIT, HALF A MILE FOR A BUS STOP.

AND IN TERMS OF BRINGING IT UP TO ENVIRONMENTAL, UH, STANDARDS, UH, ATLAS 14 NEW WATER QUALITY CONTROL CONTROLS WHERE NONE CURRENTLY EXIST.

UM, LOTS OF MEETINGS WITH THE NEIGHBORHOOD AND THE STRONG CONTACT TEAM SUPPORT LETTER.

AND WE, UM, HOPE THAT YOU'LL, UH, SUPPORT STAFF RECOMMENDATION AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU.

UM, YOU UNDERSTAND WE DON'T HAVE ANYBODY ELSE SIGNED UP TO SPEAK IN FAVOR OR IN OPPOSITION, SO WOULD YOU LIKE AN ADDITIONAL THREE MINUTES FOR YOUR REBUTTAL TIME? NO, THANKS.

OKAY.

LET'S SEE.

UM, MOTION TO CLOSE PUBLIC HEARING.

UH, COMMISSIONER ANDERSON SECOND BY COMMISSIONER SHAY.

ALL RIGHT, I'LL OPEN IT UP FOR QUESTIONS.

UM, COMMISSION, OH, SORRY, TAKING A VOTE.

SKIP THE IMPORTANT PART.

UH, , UH, ALL IN FAVOR ON THE DI AND I SEE ALL GREEN ON SCREEN.

THANK YOU.

MATTER PRACTICE.

ALL RIGHT.

NOW WE'LL TAKE QUESTIONS.

WHO WANTS TO GO FIRST? YES.

QUESTION FOR THE APPLICANT, OF COURSE, AND MAYBE STAFF.

UM, FIRST I JUST WANNA SAY I'M REALLY EXCITED TO SEE A PLAN THAT, UM, GIVES SO MUCH ATTENTION TO LOCAL AFFORDABILITY, HERITAGE TREES, UM, UPDATED IMPERVIOUS COVER, ET CETERA, UM, AND REALLY APPRECIATE ALL THOSE QUALITIES.

AND MY QUESTION IS JUST ABOUT, UM, IF THERE WAS ANY DISCUSSION ABOUT TRA NOT NECESSARILY TRAFFIC IMPACT ANALYSIS, A FULL-ON STUDY, BUT UM, ADDITION OF THIS MANY UNITS ON A ROUTE THAT IS SO CRITICAL AS AN ACTIVE TRANSPORTATION ROUTE.

[00:40:01]

AND I'M JUST WONDERING IF YOU COULD GIVE A LITTLE BIT MORE DETAIL AS TO, UM, YOU KNOW, I UNDERSTAND THERE'S A PROXIMITY AND POTENTIALLY SOME ACCESS, UH, TO PUBLIC TRANSPORTATION OPPORTUNITIES.

UM, BUT I, I DO WONDER IF THAT, UH, DISCUSSION CAME UP WITH THE CONTACT TEAM OR ANYONE IN THE COMMUNITY ABOUT INCREASED POTENTIAL, INCREASED CAR TRAFFIC ON SHOLL CREEK AND AROUND PEDESTRIAN AND CAR, I'M SORRY, PEDESTRIAN AND BIKE WAYS.

YES, COMMISSIONER.

UM, IN TERMS OF FOLLOWING THE APPLICATION, SO IF THE TRIGGERS SO MANY TRIPS, THEN YOU'RE OBVIOUSLY REQUIRED TO BE A FULL-BLOWN TRAFFIC ANO IMPACT ANALYSIS.

WE DIDN'T TRIGGER THAT THRESHOLD, AS YOU ALREADY CORRECTLY POINTED OUT.

WE'RE WITHIN A HALF A MILE OF THE BUS STOP THAT I MENTIONED ON THE SOUTH AS PART OF PROJECT CONNECTS CONNECT.

THERE'S THE PURPLE LINE BASICALLY THAT'S METRO RAPID THAT GOES ALL THE WAY FROM, UM, FROM THE, THE, THE, THE, THE UP NORTH, BASICALLY DOWN THROUGH SOUTHWEST AUSTIN, UM, WITH, UH, STOPPING THE, THE, THE BUS STOPS BASICALLY ALONG BURN ROAD.

SO THERE'S PRETTY, PRETTY VIBRANT, UH, MULTIMODAL TRANSPORTATION OPPORTUNITIES, OBVIOUSLY WITH A BIKE LANE, UH, ONE OF THE BEST BIKE LANES IN THE CITY RIGHT THERE.

AND JUST IN TERMS OF WHEN YOU, UH, ANALYZE THE TRIP DIFFERENCE BETWEEN WHAT THE CURRENT PROPOSED OFFICE HAS, AND PARTICULARLY THE FACT THAT THERE'S CURRENTLY A LOT OF, OF TRUCK TRAFFIC, REALLY.

AND SO THAT'S ONE OF THE THINGS THE NEIGHBORHOOD REALLY EMBRACED ABOUT THE FACT THAT WE'RE BRINGING RESIDENTIAL TO THIS AREA.

AND THEIR PRIMARY CONCERN, AS I STATED, WAS TO, FOR KIDS GETTING TO PILLOW ELEMENTARY, AND WE'VE KIND OF SOLVED THAT.

AND SO ONCE WE SOLVED THAT FOR THE NEIGHBORHOOD, THAT PRETTY MUCH WENT AWAY AND THEY EMBRACED THE IDEA THAT WE WERE GETTING RID RID OF WHAT WAS FORMER TRUCK TRAFFIC AND TURNING THAT INTO RESIDENTIAL, UM, KIND OF, UH, SCALE AND FEEL, UM, IS THE BEST ANSWER YOUR QUESTION.

THANK YOU.

YES.

UM, I WAS JUST CONSIDERING THE, THE DIFFICULTY OF CROSSING 180 3 TO GET TO KIND OF SOME OF WHERE, UH, THOSE ADDITIONAL TRANSIT LINES ARE, BUT I APPRECIATE THAT.

UM, I DON'T HAVE ANY OTHER QUESTIONS.

ALL RIGHT.

THANK YOU.

UM, ADDITIONAL QUESTIONS.

SEEING NONE, DOES ANYBODY HAVE, UM, MOTION? OH, COMMISSIONER MOALA? I WAS, IS THERE NO, NO QUESTIONS.

I WAS GOING TO MAKE A MOTION.

OKAY.

I WAS GOING TO MOTION THAT WOULD BE MOVED TO APPROVE STAFF RECOMMENDATIONS.

SECOND.

OKAY.

SECOND WITH COMMISSIONER ANDERSON, DID YOU WANNA SPEAK TO YOUR MOTION? CAN I GET ALAR QUICK CLARIFICATION? THAT'S FOR, UM, THE NEIGHBORHOOD PLAN AMENDMENT AND THE ZONING.

JUST WANTED TO MAKE SURE WE GOT THAT.

THANKS.

THANK YOU.

THANK YOU.

YEAH, NO, I'M, I'M EXCITED ABOUT THIS PROJECT.

THIS IS, THIS IS, THIS IS WHAT , I'D LOVE TO SEE MORE OF THIS, THE RIGHT PROJECT IN THE RIGHT PLACE WITH THE RIGHT CONSIDERATIONS.

YOU'RE ALONG SOME GOOD TRANSPORTATION CORRIDORS.

THERE, THERE IS REALLY, AS YOU SAID, LIGHT INDUSTRIAL THERE, THAT'S KIND OF BE TRANSITIONING TO MORE DILAPIDATED.

SO IT'S NICE TO SEE THIS REVITALIZED, BRING IN SOME DENSITY ON THE CORRIDOR THERE AND IMPROVE SOME INFRASTRUCTURE.

SO I'M, I'M PLEASED WITH IT.

THANK YOU.

ANYONE SPEAKING AGAINST OR IN FAVOR, MR. ANDERSON? I'D LIKE TO THANK THE DEVELOPERS FOR BRINGING THESE HOUSING UNITS, ESPECIALLY THIS FAR WEST.

IT'S PRETTY INTERESTING AND I WANNA ENCOURAGE YOU TO DO MORE.

THANK YOU.

ALL RIGHT.

UM, GO AHEAD AND VOTE UNLESS ANYBODY ELSE WANTS TO SPEAK.

OKAY.

UM, ALL THOSE IN, UH, MOTION IS TO MOVE FORWARD WITH STAFF RECOMMENDATION FOR BOTH MPA AND THE REZONING.

ALL THOSE IN FAVOR ON THE DIAS 3, 4, 5.

UM, AND THAT IS UNANIMOUS ON THE SCREEN AS WELL.

, UH, ALRIGHT.

RIGHT.

THAT ONE, UH, MOVES FORWARD WITH STAFF RECOMMENDATION.

THANK YOU.

OKAY, NOW WE WILL MOVE ON TO ITEM

[32. Rezoning: C14-2022-0205 - Denny's Condos; District 1]

32, DENNY'S CONDOS.

ALL RIGHT.

AND MS. CHAPEN, GOOD EVENING.

HEATHER CHAFFIN HOUSING AND PLANNING DEPARTMENT.

THIS IS CASE C 14 20 22 0 2 0 5 DENNY'S CONDOS.

I'M SURE MOST OF Y'ALL ARE FAMILIAR WITH THE DENNY'S ON I 35.

THE REQUEST IS TO GO FROM C H C O N P TO L I P D A N P AS AMENDED.

THE ADDRESS 1601 NORTH I 35, UH, NORTHBOUND SERVICE ROAD.

IT'S 1.28 ACRES.

STAFF DOES NOT SUPPORT THE APPLICANT'S

[00:45:01]

REQUEST OF L I P D A AND SUPPORTS AN ALTERNATE RECOMMENDATION OF C H V N P.

I DO NEED TO CLARIFY THAT, THAT SHOULD BE C O N P AND I'LL, I'LL EXPLAIN, UH, WHAT THE CONDITIONAL CONDITIONS ARE THAT ARE INCLUDED.

THIS CASE WAS ORIGINALLY FILED AS A REQUEST FOR C H V P D A N P, UH, REVIEWING CODE.

WE DISCOVERED THAT A CH BASED DISTRICT CANNOT ADD A PDA UNLESS IT'S GREATER THAN 10 ACRES.

AS A RESULT, THE APPLICANT REQUE REVISED THE REQUEST ON JANUARY 5TH, AND I ATTACHED, OR I MEANT TO ATTACH THE APPLICANT LETTER.

THE APPLICANT LETTER GOT DROPPED OFF OF THE STAFF REPORT AND WAS UPLOADED LATER.

HOWEVER, SINCE WE WERE RUSHING TO GET IT, UH, UPLOADED LATER, I ATTA OR WHAT GOT UPLOADED WAS THE ORIGINAL REQUEST WHEN THE CURRENT INFORMATION IS IN THE AMENDED REQUEST.

SO I'VE SHARED WITH YOU, YOU ALL, HERE I GO WITH MY VOICE AGAIN, SHARED WITH YOU ALL THE UPDATED, UH, LETTER.

IT WAS AMENDED JANUARY 5TH, AND I'LL GO THROUGH SOME OF THOSE DETAILS TO MAKE SURE THEY'RE ALL COVERED.

THE PROPERTY'S ON THE NORTHBOUND FRONTAGE ROAD OF I 35.

IT'S CURRENTLY C H C O N P DEVELOPED WITH A RESTAURANT IN, IT HAS FRONTAGE ON I 35 AND EAST 16TH.

UH, TO THE EAST OF THE PROPERTY IS A HOTEL MOTEL LAND USE, WHICH IS C H V C O N P.

THE NEXT PROPERTY TO THE EAST IS OAKWOOD CEMETERY ACROSS EAST 16TH TO THE SOUTH IS THE, IS THE SWED HILL NEIGHBORHOOD.

IT'S PRIMARILY ZONED SF THREE NP AND DEVELOPED WITH SINGLE FAMILY RESIDENCES.

BUT THERE ARE OTHER, UH, DESIGNATIONS INCLUDING MF THREE, MF TWO, AND L R MU NP.

THESE PROPERTIES ARE ALSO MOSTLY DEVELOPED WITH SINGLE FAMILY RESIDENCES.

UH, TO THE NORTH ACROSS, UH, MLK BOULEVARD ARE, IS UN ZONED PROPERTY THAT IS UNIVERSITY OF TEXAS LAND AND INCLUDES AN OFFSITE ACCESSORY PARKING AND OUTDOOR SPORTS AND RECREATION.

UH, CROSS I 35 TO THE WEST IS MORE UT STUFF, UH, INCLUDING FRANK IRWIN'S CENTER.

THE REZONING REQUEST WOULD REMOVE CONDITIONS FROM THE CURRENT ZONING ORDINANCE AND ESTABLISH NEW LAND USES AND SITE DEVELOPMENT REGULATIONS.

SO ONE CHANGE IS THAT GENERAL RETAIL SALES CONVENIENCE IS CURRENTLY PERMITTED, I MEAN PROHIBITED AND IT WOULD CHANGE TO BE PERMITTED.

COCKTAIL LOUNGE IS PROHIBITED.

IT WOULD BECOME A CONDITIONAL USE.

UH, RESIDENTIAL DEVELOPMENT IS LIMITED TO 170 UNITS PER ACRE.

THEY WOULD LIKE TO REMOVE THAT LIMIT.

UH, THE LAND USES THAT WOULD BE ADDED WITH THE REQUEST ARE CONDOMINIUM, TOWNHOUSE, MULTI-FAMILY AND GROUP RE RESIDENTIAL AND PROHIBIT 40 LAND USES THAT ARE PERMITTED IN LA UM, I'LL GET TO BACK TO THAT IN A SECOND.

AND THEN I'VE LISTED THE SITE DEVELOPMENT STANDARDS THAT ARE CHANGED.

THE KEY ONES ARE THAT THE FAAR IS REQUESTED TO GO TO EIGHT TO ONE AND THE MAXIMUM HEIGHT WOULD BE 200 FEET.

THERE ARE SOME CHANGES TO IMPERVIOUS COVER IN BUILDING COVER ALSO.

SO REGARDING THE 40 LAND USES, I, THOSE ARE LISTED ON THE APPLICANT SUMMARY LETTER, WHICH AS YOU KNOW, YOU DIDN'T RE RECEIVE UNTIL PRETTY LAST MINUTE.

SO I WILL READ THOSE RIGHT NOW JUST TO MAKE MAKE CLEAR THAT THEY'RE IN THE RECORD.

AND THE APPLICANT ALSO OFFERED TO, THE APPLICANT OFFERED TO, UH, PROHIBIT THESE USES AND STAFF SUPPORTS THAT ASPECT.

AGRICULTURAL SALES AND SERVICE, AUTOMOTIVE RENTALS, AUTOMOTIVE REPAIR SERVICES, AUTOMOTIVE SALES, AUTO AUTOMO, AUTOMOTIVE WASHING, ALL TYPES CAMPGROUND, COMMERCIAL BLOOD PLASMA CENTER, PAWN SHOP, COMMERCIAL OFF-STREET PARKING, CONSTRUCTION, SALES AND SERVICES, CONVENIENT STORAGE, DROP OFF RECYCLING, ELECTRONIC PROTOTYPE ASSEMBLY EQUIPMENT, REPAIR SERVICES, EQUIPMENT SALES, EXTERMINATING SERVICES, FUNERAL SERVICES, COMMUNICATION SERVICES, OFFSITE ACCESSORY PARKING, SAFETY SERVICES, KENNELS, LIQUOR SALES, LAUNDRY SERVICES, MONUMENT RETAIL SALES, OUTDOOR ENTERTAINMENT WOULD BE CONDITIONAL.

UH, TRANSPORTATION TERMINAL,

[00:50:01]

UH, SORRY.

VEHICLE STORAGE, LIMITED WAREHOUSING AND DISTRIBUTION, PET SERVICES, RESTAURANT, FAST FOOD DRIVE-IN, UH, SERVICE STATION, CUSTOM MANUFACTURING, HOSPITAL SERVICES, GENERAL LOCAL UTILITY SERVICES, MAINTENANCE AND SERVICE FACILITIES, BASIC INDUSTRY RECYCLING CENTER, RESOURCE EXTRACTION, GENERAL WAREHOUSING AND DISTRIBUTION.

AND SCRAP AND SALVAGE.

GET BACK TO THE OTHER PAGE.

SO STAFF IS NOT SUPPORTING L I P D A AND WE ARE SUPPORTING C H V C O N P AND THE CO THAT WE SUPPORT WOULD REFLECT THESE PROHIBITED USES.

UH, THE PROHIBITED USES THAT THE ONES, THERE ARE SOME USES THAT ARE ALLOWED IN ALLY THAT WE WOULDN'T NEED TO PROHIBIT CUZ THEY'RE ALREADY AUTOMATICALLY PROHIBITED IN CH UM, ARE COMFORTABLE WITH THE, UM, LAND USES BEING, UM, THE CHANGES TO THE EXISTING ZONING ORDINANCE.

UM, SO OUR RECOMMENDATION IS CH ZONING BECAUSE IT ALLOWS INCREASED HEIGHT IN RELATION TO RE REDUCED IMPERVIOUS COVER.

AND IT CAN, YOU CAN GET HEIGHT UP TO 120 FEET DEPENDING ON HOW MUCH IMPERVIOUS COVER CH IS DESIGNED.

SO INSTEAD OF DESIGNING OUT YOU DESIGN UP THE, WITH VM U TWO, IT WOULD BE POSSIBLE TO INCREASE THE HEIGHT FURTHER, UH, POSSIBLY UP TO 150 FEET.

AND TO ACHIEVE THAT INCREASED F A R AND HEIGHT, IT WOULD REQUIRE AFFORDABLE HOUSING UNITS.

ONSITE STAFF DOES NOT SUPPORT ADDING LIMITED INDUSTRIAL TO THIS LOCATION LIMITED.

THE PURPOSE OF THE STATE PURPOSE STATEMENT OF THE ZONING DISTRICT IS IT'S THE DESIGNATION FOR COMMERCIAL SERVICE USE OR LIMITED MANUFACTURING GENERALLY LOCATED ON A MODERATELY SIZED SITE FOR COMPARISON.

COMMERCIAL HIGHWAY IS THE DESIGNATION FOR USE THAT HAS OPERATING, OPERATING AND TRAFFIC GENERATION CHARACTERISTICS THAT REQUIRE THAT THE USE BE LOCATED AT THE INTERSECTION OF STATE MAINTAIN HIGHWAYS OTHER THAN SCENIC ARTERIAL ROADS.

UH, C CH DISTRICT DESIGNATION MAY BE APPLIED TO A SINGLE MAJOR MIXED USE DEVELOPMENT THAT DOES, THAT INCLUDES ANY COMBINATION OF OFFICE, RETAIL, COMMERCIAL, AND RESIDENTIAL USES.

A CH DISTRICT CAN INCLUDE HIGH DENSITY RESIDENTIAL AND SITE DEVELOPMENT REGULATIONS ARE DESIGNED TO PROVIDE ADEQUATE ACCESS TO AND FROM ALL USES.

THE ADDITION OF ALLY AT THIS LOCATION IS, UH, WE STAFF FEELS IS NOT APPROPRIATE, UH, DUE TO THE PROXIMITY TO SINGLE FAMILY RESIDENTIAL, UH, CIVIC LAND USES, UH, BASICALLY CIVIC ON THE WEST SIDE OF I 35 RESIDENTIAL TO THE SOUTH CIVIC TO THE EAST AND UNIVERSITY TO THE NORTH.

AGAIN, ALLY DOES NOT, UH, IT'S NOT, UH, THE ALLY WITH THE CONDITIONAL OVERLAY, UM, IS NOT CONSISTENT WITH THE INTENT FOR THE BASE DISTRICT AND IS BEING USED WITH THE PDA.

THE PDA ELEMENT IS PROPOSED IN ORDER TO REQUEST AN INCREASED HEIGHT TO 200, UM, AND, AND ALL THOSE SITE DEVELOPMENT REGULATIONS.

SO, UH, ALSO WANTED TO KNOW IN, YOU KNOW, THE HEIGHT IS A BIG PART OF THE DISCUSSION.

BOTH SCENARIOS ARE SUBJECT TO COMPATIBILITY TO THE SOUTH.

UM, THERE IS A SMALL PORTION OF CAPITAL VIEW CORRIDOR, UM, AND IT'S SHOWN ON THE EXHIBIT.

SO I DO HAVE SOME ADDITIONAL INFORMATION FROM NEIGHBORHOOD REPRESENTATIVES THAT WERE PART OF THE UPLOADED LATE BACKUP CORRESPONDENCE ITEMS. UM, AND I'M SURE THE, THERE ARE PEOPLE HERE TO SPEAK ON, UH, SOME OF THE ADDITIONAL PROHIBITED USES AND CONCERNS THEY HAVE ABOUT IT.

SO AGAIN, UM, THE REQUEST OR THE REQUEST IS L I P D A N P AND THE STAFF RECOMMENDATION,

[00:55:01]

WHICH I'M, I'M SORRY, IT ISN'T REFLECTED CLEARLY HERE.

UH, IS C H I'M SORRY, IS , C H V C O N P.

AND I'M AVAILABLE FOR ANY QUESTIONS.

ALL RIGHT, THANK YOU.

UM, NOW WE WILL HEAR FROM THE APPLICANT.

GOOD EVENING COMMISSION MEMBERS.

I'M ALICE GLASGOW REPRESENTING THE APPLICANT ON THIS CASE.

THE, UH, PROPERTY IS LOCATED AT I 35 AND, UH, SOUTH OF MLK BOULEVARD AND TO THE SOUTHEAST EAST, SOUTH EAST 16TH STREET WITHIN THE SWEET HILL NEIGHBORHOOD.

THE, UM, THE PROPERTY AS YOU CAN SEE HERE IS, IS CURRENTLY HOUSES THAT DANNY'S RESTAURANT.

SO THE SITE WAS DESIGNED OR BUILT, UH, CONCURRENTLY WITH A DENNY'S RESTAURANT.

AND BEHIND IT IS, UH, A HOTEL, A DOUBLE TREE HOTEL THAT WAS ZONED CONCURRENTLY WITH THIS PROPERTY IN 1995.

SO YOU CAN SEE THOSE ARE THE AREAS IN THE AREA.

THEWE NEIGHBORHOOD TO THE SOUTH.

THIS IS THE ZONING MAP.

YOU CAN SEE THAT IT'S ZONED C H C O N P.

AND THE HOTEL SITE TO THE NORTH OF US IS ZONED C H V N P C O N P, THE SWEDEN NEIGHBORHOODS TO THE SOUTH.

SO JUST VERY QUICKLY, I'VE ATTACHED THIS MAP TO SHOW YOU REALLY, UH, AN EXAMPLE OF L I P D A.

YOU HAVE EIGHT CASES OF L I P D TONIGHT, AND THAT SHOULD TELL YOU SOMETHING, THERE'S SOMETHING WRONG WITH OUR CODE AS TO WHY WE KEEP USING THE L I P D A ABUSING THE LAP.

P D AND I'LL GET TO THAT.

THIS IS WEST FIFTH STREET.

IT'S ALL ZONED L LAP.

P D A TWO CASES CAME TO YOU RECENTLY AND, UH, ONE OF THEM WAS TO CHANGE FROM CSV TO L LAP P D TO INCREASE THE HEIGHT TO OUR LOUD RESIDENTIAL DEVELOPMENT.

IT'S THE TOOL, NOT THE, UM, THE ZONING.

SO THE ALPHABETS MIGHT, THE ZONING I'M SEEKING AND WITH A RESTRICTION AND PROHIBITION OF THE USES IS EXACTLY THE SAME AS THE CH ZONING WE HAVE TODAY.

THE PROBLEM IS BECAUSE THE CODE IS APPROXIMATELY 48 YEARS OLD, UH, THE TOOL, UM, RES ENDS UP BEING THE L I P D A TO ALLOW THE ZONING.

SO THIS IS, UH, GRAPHIC THAT SHOWS YOU WHAT OUR CURRENT HEIGHT IS.

SO UNDER CH ZONING, OUR CURRENT, AH, HEIGHT IS 120 FEET.

THE, UM, WITH THE F A R OF THREE TO ONE, OUR PROPOSED ZONING IS TO ALLOW 200 FEET OF HEIGHT UNDER CH ZONING.

UH, YOU CAN GO UP TO 200 FEET ALLOWED IN THE CODE.

HOWEVER, THERE'S A, A CAVEAT WITHIN THE CODE THAT SAYS YOU, WHEN YOU DO ASK FOR C 200 FEET IN HEIGHT UNDER CH ZONING, YOU NEED TO COMBINE IT WITH PDA, BUT YOU MUST HAVE 10 ACRES AND UNLIKE YOUR L I P D, SO THE PDA COMBINING DISTRICT CAN BE COMBINED WITH FIVE DISTRICTS, I P L, I M, I C H, AND R AND D AND NONE OF THOSE DISTRICTS EXCEPT FOR CH, HAS THIS TENAL REQUIREMENTS.

SO WHEN I APPLIED FOR ZONING CASE BEFORE I APPLIED, ASKED STAFF, CAN I DO THIS, THEY CHECKED WITH LAW.

THEY SAID, YES, YOU CAN COMBINE CH H V P D A AS IS IN THE CODE, EXCEPT AFTER I FILED THE APPLICATION, THEY LATER TOLD ME, WELL, UH, THEY'VE BEEN ADVISED BY LAW AFTER FURTHER RESEARCH THAT REALLY THE, UH, 10 ACRE REQUIREMENT CANNOT BE MODIFIED.

SO MY OPTION WAS TO AMEND MY APPLICATION TO GO TO HAVE L I P D A SO THAT I CAN GET THE 200 FEET, THE 200 FEET ALLOWS US TO PROVIDE TO, UM, TO PROVIDE MORE HOUSING.

AS YOU CAN SEE, WE GO TO, UH, CURRENT ZONING OF CH 103 UNITS.

WE'RE NOT, WE DON'T HAVE TO PROVIDE AFFORDABLE HOUSING BECAUSE WE DON'T HAVE A V.

UM, HOWEVER, WITH A, BECAUSE OF THE MOST RECENT, UH, COUNCIL APPROVAL OF THE, UH, COMPATIBILITY AMENDMENTS, WE DO GET A DENSITY BONUS.

IF YOU USE THAT DENSITY BONUS, IT REDUCES THE APPLICABILITY OF COMPATIBILITY STANDARDS.

SO THAT'S HOW WE GET TO BENEFIT.

AND THEN WE HAVE TO PROVIDE AFFORDABLE HOUSING ONSITE, EVEN WITH L I P D A.

SO THE L I P D A, THE USES WILL BE EXACTLY THE SAME AS CH P D A.

THE, UH, THE DIFFERENCES BECAUSE OF THE TENIKA REQUIREMENT, THE CODE HAS NOT BEEN, UH, FINE-TUNED TO CORRECT SOME OF THOSE, UH, RESTRICTIONS THAT WERE CREATED 40 YEARS AGO FOR LAKELINE MALL AND, UH, GATEWAY, WHICH HAD LARGE TRACKS.

I'M GONNA GO TO THE, UH, TO THE SITE.

SO THIS IS THE SITE WE'VE MET WITH THE NEIGHBORHOOD ASSOCIATES SINCE SEPTEMBER OF LAST YEAR.

HAD GOOD DISCUSSIONS.

THEY, FIRST OF ALL, THEY TOLD US, WELL, WE'D REALLY LIKE TO SEE, UH, TOWN HOMES, YOU KNOW, BECAUSE EAST 16TH STREET, THE SWEET HILL NEIGHBORHOOD IS RATHER COMPACT.

SO JUST SOUTH OF THE HO THE RESTAURANT AND THE HOTEL IS A SWEET HILL NEIGHBORHOOD.

UH, THE NEIGHBORS ACROSS THE STREET, SOME OF THEM WANTED, UM, TOWN HOMES FACING THEM.

SO WE REVISED

[01:00:01]

OUR PLAN TO SAY, OKAY, WE'LL HAVE A ROW OF TOWNHOMES.

SO THE, UH, THE DARK GRAY YOU SEE WILL BE TOWNHOMES FACING THEM.

SO, YOU KNOW, HOMES, FACING HOMES, AND WE'VE AGREED TO LIMIT THE, THE HEIGHT FOR THOSE TOWNHOMES TO 40 FEET.

SO YOU GO 40 FEET TOWNHOMES, AND THEN THE TOWER IS TO THE, UH, CLOSER TO THE HOTEL.

SORRY, I'M SHOWING THAT BECAUSE IT'S THAT WAY, SO THAT WAY.

AND THEN, UM, AS YOU CAN SEE HERE, THE, THE DARK GRAY TO THE NORTH, CLOSER TO THE HOTEL IS SURROUNDED BY A LARGE HERITAGE TREE.

SO WE NEED TO OBVIOUSLY PRESERVE THAT.

AND THEN THERE'S SOME PROTECTED TREES TO THE EAST OF THE SITE THAT WILL HAVE TO KEEP THERE, OF COURSE, BECAUSE IT CREATES AN AMENITY.

AND, UH, THE SITE, BECAUSE IT WAS BUILT WITH, UM, ONE SITE PLAN.

SO THE HOTEL AND CYMAN HAVE A UNIFIED DEVELOPMENT AGREEMENT.

SO WE ARE MARRIED TOGETHER, IF YOU WILL, AS FAR AS DETENTION.

SO OUR SITE CLOSER TO THE, THE CORNER, THE SOUTHEAST CORNER, YOU CAN SEE THE TREES AROUND THE BEND.

UM, THERE'S A DETENTION POND THAT SERVES THE HOTEL.

SO WE HAVE, UM, SHARED USES PARKING.

SO WE HAVE TO WORK WITH THE OWNER TO DO THAT.

SO THIS IS WHAT WE'VE PRESENTED TO THE, TO THE NEIGHBORHOOD, AND WE'VE BEEN WORKING WITH THE, ESPECIALLY THE NEIGHBORS WHO ARE, UH, ACROSS THE STREET FROM US.

AND THIS IS THE, THE DRAWING OR RENDERING THEY SUPPORTED.

AND I KNOW ONE OF THEM IS HERE TO SPEAK, RIGHT? SO BASICALLY OUR ZONING REQUEST IS BECAUSE OF THE, UH, THE NATURE OF THE CODE AND THE, THE L I P D A IS SIMPLY BECAUSE WE CANNOT C USE CH H P D A BECAUSE THE C H P D PART OF THE CODE REQUIRES, WE HAVE 10 ACRES.

ALL THE OTHER L I P D CASES YOU HAVE DO NOT HAVE THAT 10 REQUIREMENT.

YOUR MINIMUM SITE A REQUIREMENT IS 5,750 SQUARE FEET OF SITE AREA.

THAT'S THE DIFFERENCE.

AND THEN WE GET TO PROVIDE AFFORDABLE HOUSING TOO.

ALL, AND THANK YOU MR. MR. PASCO.

THANK YOU.

OKAY, THANK YOU CHAIR.

AND NOW WE'LL HEAR FROM, UH, MR. BELL MINOR ON THE TELECONFERENCE.

MR. MINOR, SELECT STAR SIX.

PROCEED WITH YOUR MARKS.

YOU'LL HAVE THREE MINUTES.

IS MR. MINOR ON THE PHONE? OH YEAH, I SEE.

OKAY, MR. MINOR, UH, JUST, UH, PROCEEDING WITH YOUR REMARKS.

YOU'LL HAVE THREE MINUTES.

THANK YOU.

UH, GOOD EVENING.

MY NAME'S BILL MINOR.

I LIVE ON 15TH STREET IN THE SWEET HILL NEIGHBORHOOD.

I'VE BEEN HERE SINCE 2000 AND OVER THE YEARS HAVE SERVED ON THE NEIGHBORHOOD ASSOCIATION BOARD AND THE CONTACT TEAM SEVERAL TIMES.

UM, CALLING TO SUPPORT THE PROJECT AND TO APPLAUD THE EFFORTS TO WORK WITH THE ADJACENT AND HEREBY NEIGHBORS.

UH, THIS PROJECT IS GONNA PROVIDE A LOT OF HOUSING RIGHT WHERE IT'S NEEDED, UM, ON PUBLIC TRANSPORTATION LINES NEAR THE UNIVERSITY, THE HOSPITAL DOWNTOWN.

UM, AND IT PROVIDES, UH, A VARIETY OF HOUSING TYPES THAT WERE WORKED OUT WITH.

UH, THE NEIGHBORS DISCUSSIONS WITH THE APPLICANT AND THE AGENT ARE GOING WELL AND, UH, VERY ENCOURAGED BY THEIR WILLINGNESS TO STAY AT THE TABLE WITH US.

UM, SO FAR THE APPLICANT HAS AGREED PROVIDED AT LEAST 10% AFFORDABLE HOUSING AS WELL AS THE TOWN HOMES ALONG EAST 16TH STREET, WHICH PROVIDES A MUCH MORE MEANINGFUL CONNECTION TO THE NEIGHBORHOOD THAN JUST, YOU KNOW, THE TYPICAL VIEW OF A PARKING RUSH.

UH, WE'VE BEEN DISCUSSING THE POTENTIAL AS MENTIONED OF A CONDITIONAL OVERLAY OF 40 FEET IN HEIGHT.

UH, THAT WOULD BE AT A DISTANCE IS 70 FEET.

AND IT'S NOT TO PREVENT THE DEVELOPMENT FROM HAPPENING, IT'S TO ENSURE THAT THE TOWN HALLS REMAIN PART OF THE PROJECT.

UM, WE WOULD LIKE THIS TO BE A MODEL FOR OTHER DEVELOPMENTS.

UH, EDGES OF A PROJECT ARE WHERE SOME OF SOME CREATIVE DECISIONS CAN BE MADE.

UH, AND IN THIS CASE, BY ADDING SOME MISSING METAL HOUSING, UH, WOULD APPRECIATE YOUR SUPPORT FOR THE PROJECT AND, UH, SUPPORTING TOWN HOMES AS PART OF THE VISION.

THANK YOU AND THANK YOU FOR YOUR SERVICE.

THANK YOU, CHAIR.

NOW WE'RE HERE.

OUR, UH, ACTUALLY, UH, REGISTERED, UH, BUT NOT SPEAKING AS, UH, BUT ARE AVAILABLE AS RESOURCES ARE HANNAH REIMER AND MICHAEL GILBERT WILL NOW HEAR FROM THE OPPOSITION, BEGINNING WITH MR. MIKE TOLLESON.

MR. TOLLESON, YOU'LL HAVE FIVE MINUTES, SELECT STAR SIX, PROCEED WITH REMARKS.

HELLO, MY NAME IS MIKE TOLLESON AND I'VE LIVED AT 1 0 0 7

[01:05:01]

EAST 16TH STREET FOR 35 YEARS, WHICH IS DIRECTLY ACROSS THE STREET FROM THE, UH, PROPERTY THAT'S SUBJECT TO THE ZONING APPLICATION.

UH, THIS PROPERTY IS WITHIN THE, THE SWEET HILL NEIGHBORHOOD ASSOCIATION BOUNDARY, AND IT'S ACROSS THE STREET FROM THE HISTORIC SWEET HILL NEIGHBORHOOD AND A ROW OF RESIDENTIAL HOUSES ON THE SOUTH SIDE OF EAST 16TH STREET.

AND I'M HERE TO SPEAK ON BEHALF OF SWEET HILL NEIGHBORS AND THE 16TH STREET PROPERTY OWNERS.

THE APPLICANT IS PROPOSING CONSTRUCTION OF A CONDO TOWER ON THE DENNY SITE WITH A MAXIMUM HEIGHT OF 200 FEET.

OBVIOUSLY, SUCH A STRUCTURE IS NOT REALLY COMPATIBLE WITH A HISTORIC SWEET HILL RESIDENTIAL NEIGHBORHOOD, AND THE PROPERTY IS ALONG 16TH STREET.

SO WE HAVE CONCERNS.

UM, I AND MY NEIGHBORS ARE NOT OPPOSED TO HOUSING PER SE, AND ESPECIALLY NOT AFFORDABLE HOUSING.

UM, AS WE KNOW THAT ALL KNOW THIS IS A CITYWIDE PROBLEM.

UM, WE ARE NOT PARTICULARLY OPPOSED TO THE HEIGHT THAT THEY'RE TRYING TO ACHIEVE.

UM, UNDER, UH, CERTAIN CIRCUMSTANCES, WE RESIDENTS AND PARTICULARLY THOSE ON THE 16TH STREET, HAVE MANY CONCERNS ABOUT THE PROJECT SUCH AS TRAFFIC, PARKING, LIGHTING, GLARE FROM THE BUILDING, NOISE, AMPLIFIED MUSIC, WORKERS, PARKING, TRASH MAINTENANCE, AND MANY OTHER CONCERNS THAT HAVE BEEN PROVIDED TO THE DEVELOPER AND ARE UNDER DISCUSSION.

MOST OF THESE ARE MORE APPROPRIATE TO BE DISCUSSED AND DEALT WITH IN A PRIVATE AGREEMENT, WHICH WE'RE WORKING ON.

AND I MUST SAY THAT THEY'VE BEEN, THE DEVELOPER HAS BEEN VERY COOPERATIVE AND WE HOPE TO REACH AN AGREEMENT, ALTHOUGH WE DO NOT HAVE ONE YET, IT'S IN DISCUSSION.

BUT ONE OF THE MOST CON UH, CRITICAL CONCERNS THAT FOR THE NEIGHBORS, UM, WHICH THIS COMMISSION CAN ADDRESS IS THE MITIGATION OF THE COMPATIBILITY ISSUE.

BY IMPOSING A CONDITIONAL OVERLAY ON WHATEVER ZONING IS RECOMMENDED, THAT WOULD REQUIRE A UP TO 70 FOOT SETBACK BEFORE ANY CONSTRUCTION CAN EXCEED 140 FEET IN HEIGHT, 40 FEET, NOT 140 FEET.

A 40 FOOT HEIGHT LIMIT IN THE FIRST 70 FEET, UM, FROM THE SOUTH BOUNDARY WOULD BE CONSISTENT WITH THE DRAWING OF THE PROPOSED PROJECT AS WE HAVE BEEN SHOWN.

AND YOU CAN SEE ON THE DRAWING AND YOUR MATERIALS IN THAT WE SAW EARLIER.

UH, THIS WOULD, AS YOU CAN SEE FROM THAT DRAWING, THEY'RE SHOWING TOWNHOUSES IN THE FIRST 36 FEET AND THEN THEY'RE SHOWING AN AMENITY DECK IN THE NEXT 30 FEET.

UM, THE AMENITY DECK THEY'RE SHOWING, UH, IS A HEIGHT OF, IN THE DRAWING A HEIGHT OF ABOUT 33 TO 35 FEET.

SO, UH, 40 FEET IN A SETBACK OF THAT DISTANCE WOULD BE CONSISTENT IN COMPATIBLE WITH THE PLANS THAT THEY'RE SHOWING US.

SUCH A CONDITION WOULD MITIGATE MANY OF THE CONCERNS BY PROVIDING RESIDENTIAL TYPE DWELLING ALONG EAST 16TH STREET SO OCCUPANTS CAN INTERACT WITH THE NEIGHBORHOOD AND PROVIDE A BUFFER BETWEEN THE NEIGHBORHOOD AND THE TOWER.

IT WOULD ALSO GIVE