[Call to Order]
[00:00:07]
SO I'M GONNA CALL THE ZONING AND PLANNING COMMISSION AGENDA TO ORDER.
TODAY IS TUESDAY, MAY 2ND, 2023.
WE ARE THE ZONING AND PLANNING COMMISSION AND WE ARE CONVENING AT AUSTIN CITY HALL AND COUNCIL CHAMBERS, UH, WE WILL DO A ROLL CALL FIRST.
IT LOOKS LIKE WE HAVE EVERYBODY HERE.
HOW'S THAT THING? ALL RIGHT, COMMISSIONER BOONE PRESENT.
ALL RIGHT, COMMISSIONER FLORES PRESENT.
AND I'M GONNA SKIP OVER THE NEXT ONE.
SO COMMISSIONER GREENBERG HERE.
AND WE HAVE A CARE AND COMMISSIONER THOMPSON HERE AND WE HAVE A NEW MEMBER COMMISSIONER KENDRICK GARRETT, WOULD YOU LIKE TO SAY SOMETHING? COMMISSIONER GARRETT, WOULD YOU LIKE TO INTRODUCE YOURSELF? HI.
I'M KINDRA GARRETT, NEW COMMISSIONER TO ZONING AND PLATTING.
UH,
THIS IS THE FIRST TIME WE'VE HAD 11 PEOPLE IN A LONG TIME.
UM, WITH THAT WE WILL GO TO PUBLIC COMMUNICATION.
IS THERE ANY PUBLIC COMMUNICATION? THERE IS NONE.
[Consent Agenda]
CONSENT AGENDA.THE APPROVAL OF THE MINUTES FROM THE APRIL 18TH, 2023 IS ITEM NUMBER ONE.
ITEM NUMBER TWO IS A REZONING CASE, C 14 20 23 DASH 0 0 0 2 INDIAN HILLS.
IT IS L I C O TO L I C O TO CHANGE A CONDITION OF ZONING AND IT IS ON CONSENT.
ITEM THREE IS ANOTHER REZONING CASE.
C 14 20 22 DASH 1 75 AIRPORT 9 73 EDITION.
IT IS A INTERIM SF TWO TO G R C O AND IT IS ON CONSENT.
ITEM FOUR IS A REZONING CASE, C 14 20 23 DASH 0 0 4 AT 74 14 SHERWOOD ROAD.
IT IS A SF TWO TO SF THREE ZONING CASE AND THAT IS SET ASIDE FOR DISCUSSION.
ITEM FIVE S IS A SITE PLAN, UH, HILL COUNTRY ROAD SITE PLAN S SPC 20 21 0 1 4 D SPICEWOOD SPRINGS ROAD MOBILITY IMPROVEMENTS LOCATED AT 33 28 AND A HALF SPICEWOOD SPRINGS ROAD AND IT IS IS SCHEDULED FOR CONSENT.
ITEM SIX IS A TOTAL PLAT VACATION, C A S 75 DASH SIX SEVEN V A C, THE JAMES E. OLSON RE SUBDIVISION AND IS AGAIN A TOTAL PLAT VACATION OF ONE LOT ON FOUR FOUR ACRES.
AT 1118 BLUE BONNET LANE, IT IS SCHEDULED FOR CONSENT.
ITEM NUMBER SEVEN C 8 20 22 DASH 0 3 18 0 8 HAS BEEN WITHDRAWN, SO IT IS NOT GONNA BE UNDER CONSIDERED BEEN WITHDRAWN.
UH, SO THERE'S NO NEED TO HAVE THAT ON CONSENT AGENDA ITEM NUMBER EIGHT IS A SUBDIVISION C 8 20 23 DASH 0 36 0 A.
THE VERANDA LOCATED AT 72 0 5 EAST BEN WHITE BOULEVARD AND IS SCHEDULED FOR DISAPPROVAL FOR REASONS BASED ON EXHIBIT C.
AND THAT IS THE CONSENT AGENDA.
DO I HEAR A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA? ARE THERE ANY QUESTIONS? OKAY, MOTION AND SECOND.
DO I HEAR ANY DISCUSSION? HEARING NONE.
AND THAT WAS MOTION BY, UH, COMMISSIONER FOUTS AND SECONDED BY COMMISSIONER GREENBERG FOR THE RECORD.
AND YES, THAT IS A APPROVED, SO WE WILL GO TO ITEM
[4. Rezoning: C14-2023-0004 - 7414 Sherwood Road Family; District 5]
FOUR.UM, ITEM C 14 20 23 DASH 0 0 0 4 74 14 SHERWOOD ROAD AND WE HAVE A PRESENTATION FROM STAFF.
MY NAME IS RICKY BARBA WITH THE PLANNING DEPARTMENT.
THIS ITEM IS NUMBER FOUR ON YOUR AGENDA.
CASE NUMBER C 14 DASH 20 23 4.
THE PROPERTY IS LOCATED AT 714 7414.
SORRY ABOUT THAT SHERWOOD ROAD.
IT'S CURRENTLY ZONED SF TWO AND THE APPLICANT IS REQUESTING SF THREE.
A VALID PETITION HAS BEEN SUBMITTED FOR THIS CASE.
THE SUBJECT REZONING AREA IS 0.765 ACRES ON THE NORTH SIDE OF SHERWOOD ROAD.
THE REQUESTED SF THREE ZONING WOULD ALLOW FOR UP TO TWO RESIDENTIAL UNITS ON THE PROPERTY.
THIS PROPERTY IS LOCATED IN THE AREA THAT IS DEVELOPED WITH A MIXTURE OF MANUFACTURED OWNED SINGLE FAMILY RE RESIDENCES.
THE SF THREE ZONING DISTRICT WOULD BE COMPATIBLE AND CONSISTENT WITH THE SURROUNDING USES SINCE THERE ARE EXISTING SF TWO AND SF THREE ZONED PROPERTIES LOCATED TO THE NORTH, SOUTH AND WEST THAT ARE CURRENTLY DEVELOPED WITH SINGLE FAMILY RESIDENTIAL USES.
THE STAFF RECOMMENDATION IS TO GRANT SINGLE FAMILY RESIDENCE SF THREE DISTRICT ZONING.
[00:05:01]
YOU CHAIRMAN.MS. HASI, YOU'LL HAVE SIX MINUTES.
GOOD EVENING COMMISSIONERS VICTORIA HASI WITH THROWER DESIGN ON BEHALF OF THE LANDOWNER.
SUBJECT SITE IS OUTLINED IN GREEN.
UM, IT IS ON THE NORTH SIDE OF SHERWOOD.
IT IS 0.7 0.7 7.78 ACRES, UM, LOCATED IN THE NEIGHBORHOOD THAT IS JUST SOUTH OF WILLIAM CANNON AND EAST OF MANCHA.
UH, THIS IS SHOWING THE LOCATION OF THE PROPERTY IN CONTEXT TO MANCHA SOUTH OR WEST WILLIAM CANNON, UM, AS WELL AS UH, TRANSIT SERVICE.
UH, AS RICKY SAID, WE ARE REQUESTING A REZONING FROM SF TWO TO SF THREE, SF THREE.
THE DIFFERENCE BETWEEN SF TWO AND SF THREE IS THAT SF THREE ALLOWS A GREATER VARIETY OF HOUSING TYPE FROM TRADITIONAL STANDALONE SINGLE FAMILY TO DUPLEX TO TOWNHOUSE TO, UH, HOUSE A D U CONFIGURATION OR NOT, SORRY, NOT TOWNHOUSE, DUPLEX, UH, TWO FAMILY HOUSE AND HOUSE AND A D CONFIGURATIONS.
UM, AND WE RESPECTFULLY REQUEST YOUR SUPPORT FOR THIS REZONING AND WE'RE AVAILABLE IF YOU HAVE ANY QUESTIONS.
AND I'LL HEAR FROM THE OPPOSITION, OPPOSITION BEGINNING WITH, UH, MS. KAREN FERNANDEZ.
MS. UH, FERNANDEZ, YOU'LL HAVE SIX MINUTES.
UM, I WANTED TO SAY THANK YOU GUYS FOR YOUR SERVICE GIVING OF YOUR TIME.
WHAT LITTLE BIT I DO AS A VOLUNTEER ON THIS.
UM, BEFORE I GIVE YOU MY COMMENTS, I WANTED TO READ TO YOU A LETTER FROM A NEIGHBOR.
THE NEIGHBOR THAT'S DIRECTLY NEXT DOOR, JOANNE MASON.
UM, SHE ACTUALLY CALLED ME YESTERDAY AND STARTED CRYING SAYING THAT SHE LOVED ME AND LOVED HER NEIGHBORHOOD AND SHE WAS AFRAID IF SHE CAME HERE THAT SHE WOULD JUST SIT HERE AND CRY.
UM, SHE SAYS, LADIES AND GENTLEMEN, I HAVE OWNED AND LIVED IN THE HOUSE ADJACENT TO THE PROPERTY FOR 23 YEARS.
I OPPOSE THE REFERENCE REZONING APPLICATION FOR THE FOLLOWING REASONS.
THE REZONING WOULD ALLOW UP TO 10 UNITS ON THIS POINT.
THE PROPOSED DENSITY IS INCONSISTENT WITH IMAGINE AUSTIN GUIDELINES.
SHE'S A MEMBER OF THE MATTHEWS LANE NEIGHBORHOOD ASSOCIATION AND AGREES WITH OUR OPPOSITION OF DENSE DEVELOPMENT 0.7 MILES FROM A BUS STOP AND A MILE TO AMENITIES.
THIS PROJECT IS INCONSISTENT WITH THE NEIGHBORING LOTS, INCLUDING HER OWN, THAT HAVE DEED RESTRICTIONS.
AND SHE BOUGHT THESE, THIS HOUSE FOR THE DEED RESTRICTIONS AND THE LIMIT OF TWO HOMES PER LOT.
THE AREA LACKS URBAN INFRASTRUCTURE AND THE REZONING WOULD BE DETRIMENTAL FOR THE WILDLIFE IN THIS NEIGHBORHOOD BECAUSE IT WOULD DESTROY THE NATURAL HABITAT, WHICH FOR THOSE OF YOU WHO HAVE NOT BEEN TO OUR NEIGHBORHOOD, WE DO HAVE AN AMAZING GREEN SPACE.
WE ARE A CARBON SINK FOR THE CITY.
UM, WE'RE AN AMENITY FOR THE NEIGHBORS JUST NORTH OF US, SOUTH OF US, WEST OF US, EAST OF US WHO RIDE THEIR BIKES THROUGH OUR NEIGHBORHOOD.
AND NOW I WOULD LIKE TO CLARIFY SOMETHING AS FAR AS OUR OPPOSITION.
YOU NOTICE THE PETITION SAID WE WANTED TO KEEP WITH AN SF TWO ZONING.
AND I WANTED TO LET YOU KNOW THAT WE'RE NOT NECESSARILY AGAINST AN SF THREE AS IT'S BEING PRESENTED WITH AN AD BEING AN ADU BEING ADDED TO THE PROPERTY, AS WELL AS EITHER REBUILDING THE CURRENT HOME OR DEMOLISHING IT AND BUILDING A NEW ONE.
WHICHEVER ONE MR. CONNOR WANTS.
OUR MEMBERS ARE STILL LEARNING THE INS AND OUTS OF THE ZONING REQUIREMENTS AND HAVE BEEN ADVISED THAT MR. CONNOR WOULD BE ABLE TO BUILD THE TWO HOMES WITHOUT THE ZONING CHANGE DUE TO THE LANGUAGE IN OUR DEEDS AND THE LARGE LOTS WE LIVE ON.
MR. CONNOR IS A WONDERFUL NEIGHBOR THAT WE ALL VALUE AND WE WOULD LIKE TO WORK WITH HIM IN WHAT HIS VISION IS.
BUT WE ARE ALSO INFORMED THAT THE CITY PLANS TO ALLOW ADUS ON SF TWO LOTS THIS YEAR.
IF THIS IS NOT THE CASE, THEN WE CERTAINLY SUPPORT HIS REQUEST TO CHANGE IN ALLOWING HIM TO BUILD THE TWO HOMES ON THE LOT WHICH HE HAS TOLD ALL OF THE SURROUNDING NEIGHBORS IS ALL HE PLANS TO DO.
WE DO NOT SUPPORT THE SF THREE ZONING WITH A SUBDIVISION OF FIVE LOTS FOR A TOTAL OF POSSIBLY 10 UNITS.
AS PRESENTED IN THE APPLICATION FILED BY THOROUGH DESIGN, MR. CONNOR HAS ASSURED ALL THE NEIGHBORS THAT THIS IS NOT HIS INTENT AND THAT ONLY TWO HOMES WILL BE CONSTRUCTED.
SINCE HE IS A LONGTIME NEIGHBOR AND ALWAYS DOES A GREAT JOB OF REHABBING AND RESELLING THE HOMES IN THE NEIGHBORHOOD, WE WANT TO TRUST HIM.
WE ALL APPRECIATE HIS DEDICATION TO PRESERVING AND BEAUTIFYING OUR HOOD.
WE ARE ONLY ASKING FOR A CONDITION TO OVERLAY THE LIMIT TO TWO SO THAT THE NEIGHBORS DO NOT HAVE TO FACE ANOTHER LEGAL BATTLE.
IF A NEW OWNER DOES NOT SHARE THE SAME DESIRE TO PROTECT THE TRANQUIL GREEN SPACE, WE ALL VALUE SO MUCH.
OUR EXPERIENCE WITH THE CITY HAS BEEN FRUSTRATING TO SAY THE LEAST.
THEY ENFORCE THE SETBACKS IN OUR DEEDS OF 75 FEET, BUT DO NOT LOOK AT THE NUMBER OF LIMIT ON HOUSES WHEN WE QUESTION FURTHER, THEY TELL US THAT THE DEED IS VALID, BUT THAT WE NEED TO ENFORCE IT IN A PRIVATE LAWSUIT TELLING US OUR DEED CAN
[00:10:01]
BE ENFORCED, BUT THAT WE NEED TO HIRE A LAWYER AND SPEND EASILY 10 TO $50,000.DOES NOT SOUND, IT SOUNDS LIKE A PUNISHMENT.
AND FRANKLY JUST WRONG CONSIDERING THE MAJORITY OF THE LONGTIME RESIDENTS DO NOT HAVE THE FINANCIAL RESOURCES TO DO THE LEGAL ROUTE.
SO THE QUESTIONS WE WOULD LIKE TO KNOW AS AN ORGANIZATION, A NEIGHBORHOOD IS DOES ZAP EVEN CONSIDER OUR DEED RESTRICTIONS WHEN REZONING? AND IS IT POSSIBLE TO ADD A SECOND UNIT WITHOUT THAT ZONING CHANGE? THANK YOU SO MUCH FOR YOUR TIME.
WHEN I'LL HEAR FROM MR. JEFF DICKERSON.
MR. DICKERSON, YOU'LL HAVE THREE MINUTES.
IN ADDITION TO TRAFFIC AND BUDGET ISSUES, AND AS YOU KNOW, THE CITY COUNCIL HAS NO BOND ELECTIONS UNTIL 2026.
THERE IS NO FUNDING OR CAPITAL IMPROVEMENTS FOR THE IMAGINE LANE NEIGHBORHOOD AREA.
AS YOU WELL KNOW, I'M GOING TO TALK SPECIFICALLY ABOUT POINTS IN THE IMAGINE AUSTIN COMPREHENSIVE PLAN THAT FOCUSES ON PRESERVING AND ENHANCING ENVIRONMENTAL SPACES IN THE NEIGHBORHOOD SUCH AS MATTHEWS LAND NEIGHBORHOOD IN THE SOUTH BOGGY WATERSHED.
THESE ARE QUOTES DIRECTLY FROM THE DOCUMENT GOLD ONE COMMUNITY CHARACTER.
THIS SECTION OF THE PLAN OUTLINED GOALS AND POLICIES TO RESERVE AND ENHANCE THE UNIQUE CHARACTER OF AUSTIN'S NEIGHBORHOOD.
THE PROPOSED DENSITY AND UNIT COUNTS DO NOT FOLLOW THESE GUIDELINES.
GOAL TWO BY THE WAY, GOAL ONE WAS ON PAGE 28 AND 49 GO TWO NATURAL AND BUILT ENVIRONMENT ON PAGES 50 TO 71.
THIS SECTION OF THE PLAN OUTLINE GOALS AND POLICIES TO PRESERVE AND ENHANCE NATURAL AREAS AND GREEN SPACES WITHIN THE CITY, SUCH AS MATTHEW LAND NEIGHBORHOOD.
THE DENSITY AND UNIT COUNTS DO NOT APPLY WITH THIS POLICY.
2.3 PROTECTING TREES ON PAGES 54 AND 55.
THIS POLICY FOCUSES ON PRESERVATION AND PROTECTION OF TREES WHICH PROVIDE MANY ENVIRONMENTAL BENEFITS, SHADE, AIR QUALITY MANAGEMENT AND CARBONATION.
THE DENSITY AND UNIT COUNTS DO NOT PROMOTE TREE CANOPY COVER.
FINALLY, POLICY 2.4 ON PAGES 54 AND 55.
THIS POLICY FOCUSES ON PROTECTION AND ENHANCEMENT OF WATER QUALITY IN AUSTIN NEIGHBORHOODS.
IT PROMOTES BEST MANAGEMENT PRAT PRACTICES TO REDUCE STORM WATER RUNOFF, PROTECT STREAMS AND OTHER BODIES OF WATER IN THE NEIGHBORHOOD.
THE HIGH DENSITY IN UNIT COUNTS WOULD INCREASE THE RUNOFF.
IT WOULD NOT PROTECT THE LOWER LINE AREAS AND THERE IS LOCALIZED MUCH MORE LOCALIZED FLOODING BELOW THIS PROPERTY.
DURING THE PAST SEVERAL WEEKS, THE APPLICANT AGENT HAS MENTIONED THAT THE NEIGHBORHOOD IS DENYING RIGHTS TO DEVELOPERS AND INVESTORS WHEN PURCHASING PROPERTIES AND SAYING WE ARE PREVENTING THEM FROM BUILDING.
WHAT HAS FAILED TO MENTION IS THE OTHER SIDE OF THE COIN, PEOPLE THAT BUY INTO THE NEIGHBORHOOD WITH THE DEED RESTRICTIONS WITH THE NEIGHBORHOOD CHARACTER AND THE IMPLIED PROMISE TO PROTECT THE ELMWOOD ESTATE.
SHOULD NOT THE CURRENT RESIDENCE BE AFFORDED THE SAME RIGHTS AS PROTECTIONS AS THE DEVELOPERS? THANK YOU.
WE'LL NOW HEAR FROM MS. SARAH LORD FOR THREE MINUTES.
UH, I'M HERE BECAUSE THERE'S BEEN A LOT OF MIXED MESSAGING IN THIS CASE AND I CAN'T HONESTLY DETERMINE WHAT'S GOING ON, ALTHOUGH I HAVE NOT MET HIM.
MR. CONNOR'S REPUTATION PRECEDES HIM.
HE IS A WIDELY RESPECTED MEMBER OF OUR ELMWOOD ESTATES COMMUNITY, KNOWN FOR HIS LOVE OF THE NEIGHBORHOOD AND HIS STEADFAST INVESTMENTS WITHIN IT.
IF HE'S PLANNING TO USE THE SF THREE DESIGNATION TO CREATE ONE SINGLE FAMILY RESIDENCE AND A SECOND DETACHED UNIT, THEN I HAVE NO DISPUTE WITH HIM BASED ON WHAT MY NEIGHBORS HAVE TOLD ME, THIS IS HIS PLAN AND HE'S ASSURED THEM OF THIS.
HOWEVER, I AM UNCOMFORTABLE USING VERBAL ASSURANCES WHEN CONDUCTING BUSINESS AS IMPORTANT TO ME AS THIS.
SO UNFORTUNATELY, I MUST ASSUME THAT THE ACTUAL REZONING
[00:15:01]
APPLICATION SPEAKS LOUDER THAN MR. CONNOR'S CONVERSATIONS WITH OUR NEIGHBORS.PER THE APPLICATION, THE WAY I READ IT, IT STATES THAT SEVEN UNITS ARE PROPOSED WITH PLANS TO SUBDIVIDE INTO NO MORE THAN FIVE LOTS, BUT STILL DIVIDE ELMWOOD.
STATES HAS DEED RESTRICTIONS THAT LIMIT DWELLING UNITS TO TWO PER ORIGINALLY PLATTED LOT.
WHAT'S MORE ELMWOOD ESTATE IS NOT EQUIPPED TO DEAL WITH THE DENSITY THAT IS PROPOSED BY ADDING THIS MANY UNITS TO SEVEN 10 OF AN ACRE.
WE HAVE NO CURBS, NO SIDEWALKS.
WE HAVE HEAVY PEDESTRIAN TRAFFIC DUE TO OUR SEMI, SEMI-RURAL SETTING.
IT ATTRACTS NUMEROUS CYCLISTS, RUNNERS, SKATEBOARDERS, AND FAMILIES OUT ON EVENING WALKS.
THESE ARE NOT JUST OUR OWN RESIDENTS, BUT COUNTLESS PEOPLE FROM NEARBY SUBDIVISIONS AS WELL.
OUR SMALL AMOUNT OF IMPERVIOUS COVER IS WHAT KEEPS US FROM FLOODING.
SINCE WE HAVE NO STORM DRAINS, THE WATER SYSTEM IS SO OLD THAT THE FIRE HYDRANT ACROSS THE STREET FROM MY HOUSE COMES OUT AT SUCH A TRICKLE THAT I WILL NEVER BE ABLE TO ADD ONTO MY HOUSE AT 1200 GALLONS PER MINUTE.
IT IS IN THE LOWEST CATEGORY LISTED BY THE INTERNATIONAL FIRE CODE.
OTHER PARTS OF AUSTIN HAVE FLOW RATE SEVERAL, SEVERAL TIMES THE RATE OF HOURS, AND YET THEIR PLAN COULD OSTENSIBLY ADD THOUSANDS OF SQUARE FEET OF NEW CONSTRUCTION.
THIS CLEARLY ILLUSTRATES THAT THE DESIRES OF THE DEVELOPERS USURP THE, ESTABLISH THOSE OF THE ESTABLISHED RESIDENTS WHO NEED INFRASTRUCTURE IMPROVEMENTS.
I THINK CITY COUNCIL HAS NOT ACTED FAST ENOUGH TO ALLOW ADUS ON SF TWO PROPERTIES, SOMETHING I ENTHUSIASTICALLY SUPPORT.
ADUS ARE A GREAT WAY TO PROVIDE ACTUAL AFFORDABLE HOUSING WHILE ALSO ALLOWING A NEIGHBORHOOD TO LIKE OURS TO INCREASE DENSITY IN A GRADUAL, RESPONSIBLE AND SUSTAINABLE WAY.
IF A HOUSE IN AN ADU ARE TRULY ALL MR. CONNOR, ONCE COUNSEL CERTAINLY WOULD'VE SAVED HIM A LOT OF TIME AND MONEY.
IT WOULD ALSO HAVE SHIELDED OUR NEIGHBORHOOD FROM THE CONFUSION AND MISTRUST THAT HAS RESULT OR RESULTED WHEN THROUGH DESIGN APPLIED FOR SOMETHING THAT WAS DRASTICALLY DIFFERENT FROM WHAT WE WERE HEARING FROM OUR COMMUNITY MEMBER.
WE'LL NOW HEAR FROM THE APPLICANT FOR A THREE MINUTE REBUTTAL.
UM, SO I JUST WANNA POINT OUT THAT WE'RE HERE TO TALK ABOUT THE REZONING OF THIS PROPERTY.
WE'RE NOT HERE TO TALK ABOUT SUBDIVISION.
UM, WE'RE ONLY TALKING ABOUT ZONING.
AND IN THAT VEIN, SF THREE IS CONSISTENT WITH THE PROPERTIES AND THE USES THAT ARE IN THIS AREA, WHETHER THEY'RE ON SF THREE OR SF TWO LOTS OR MOBILE HOME LOTS, UM, SF TWO WITH WHICH IS WHAT THE PROPERTY HAS TODAY, DOES NOT ALLOW FOR WHAT THE DEED RESTRICTION ACTUALLY STATES IS POSSIBLE PER LOT.
THE DEED RESTRICTION STATES THAT THERE'S TWO DWELLING UNITS AVAILABLE OR POSSIBLE PER LOT.
SF TWO DOES NOT CURRENTLY ALLOW TWO DWELLING UNITS.
UM, SO I WOULD SAY THAT FOR SOME OF THE PROPERTIES IN THIS NEIGHBORHOOD IN THIS AREA THAT HAVE TWO DWELLING UNITS, THEY ARE ACTUALLY, UM, NON-COMPLIANT WITH THE ZONING CODE.
UM, BUT I WOULD SAY YOU, YOU SHOULD RECONSIDER, YOU SHOULD CONSIDER THIS ZING WITHOUT CONSIDERING A PRIVATE DEED RESTRICTION BECAUSE THE CITY CANNOT ENFORCE THAT.
UM, IT IS TRUE THEY CANNOT ENFORCE IT.
AND IF YOU WERE TO CONSIDER IT, I WOULD ASK THAT YOU ALSO CONSIDER THAT THIS DEED RESTRICTION MAY NOT BE ENFORCEABLE ANYMORE, UM, BASED OFF OF, UH, DEVELOPMENT THAT HAS HAPPENED IN THIS COMMUNITY OVER THE PAST SEVERAL DECADES.
UM, THE QUESTION THAT REALLY IS BEFORE YOU IS, IS SF THREE AND THE USES PERMITTED IN THE SF THREE ZONING DISTRICT, ARE THOSE USES APPROPRIATE IN THIS LOCATION NEAR THE EXISTING USES? AND I WOULD SAY YES, THEY ABSOLUTELY ARE.
UM, IN TERMS OF TREES BEING PROTECTED, UM, THOSE ARE THINGS THAT THE CITY IS GONNA LOOK AT, WHETHER THIS IS AN SF TWO DEVELOPMENT, AN SF THREE DEVELOPMENT, UM, AND AS I'VE SAID MANY TIMES BEFORE, NEW DEVELOPMENT BRINGS INFRASTRUCTURE IMPROVEMENTS, WHETHER THEY'RE ON A SMALL SCALE OR WHETHER IT'S CUMULATIVE THROUGH A LARGER SCALE, UM, PRODUCTION.
SO I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
THAT CONCLUDES THE SPEAKERS ON THIS ITEM.
DO I HEAR A MOTION TO CLOSE THE PUBLIC HEARING MOTION BY COMMISSIONER GREENBERG? SECOND BY COMMISSIONER FLORES.
QUESTIONS, COMMENTS? ANYBODY? COMMISSIONER GREENBERG, DOES THE APPLICANT OR STAFF KNOW THE
[00:20:02]
AMOUNT OF FRONTAGE THERE IS ON THIS PROPERTY? UM, THERE'S ABOUT 125 FEET OF FRONTAGE ON SHOREWOOD.SO UNLESS RULES CHANGE, YOU COULD REALLY ONLY SUBDIVIDE INTO TWO LOTS.
UM, I WOULD SAY THERE'S A POSSIBILITY OF THREE.
YOU COULD HAVE TWO LOTS WITH 50 FOOT WIDTHS AND THEN ONE FLAG LOT TOWARDS THE BACK.
SO THE FIVE WAS JUST THE TOTAL DIVIDED BY 57 50? THAT'S CORRECT.
MATHEMATICALLY SPEAKING, JUST LOOKING AT THE ZONING, THAT'S WHAT ZONING CASE MANAGERS DO WHEN THEY LOOK AT ROUGH DENSITY.
YOU WROTE THE LETTER OR RON WROTE THE LETTER? UH, I WROTE THE LETTER.
OTHER QUESTIONS? COMMISSIONER ACOSTA? UH, SEAN MCAR, I'M NOT SURE.
DO YOU ANY OF THE STAFF OR THE APPLICANT KNOW ROUGHLY WHAT THE DENSITY VENUS PER ACRE IS FOR THE HILLSIDE OAKS OR THE ME CREEK NEIGHBORHOODS? I KNOW THAT THIS NEIGHBORHOOD IS LARGER LOT LOWER DENSITY, BUT JUST THE SURROUNDING AREA IS SIGNIFICANTLY DENSER.
SO I'M JUST CURIOUS, DOES ANYONE KNOW WHAT THE DENSITY OF UNITS PER IN THOSE NEIGHBORHOODS IS? I MEAN, WITHOUT DOING AN AN ACTUAL LIKE LOOK AT IT, IT'S HARD TO SAY, BUT I WOULD SAY THAT A LOT OF THE SUBDIVISIONS SURROUNDING ARE PROBABLY AT LEAST MEET THE MINIMUM LOT SIZE REQUIREMENT.
UH, SOME OF THEM ARE ABOUT 7,000 SQUARE FEET, SOME OF THEM A LITTLE BIT LESS.
SO AT THAT ACREAGE AND AT ONE OR TWO UNITS PER PER LOT UNDER SF THREE, I WOULD SAY THEY'RE PROBABLY SOMEWHERE AROUND SEVEN AND A HALF UNITS PER ACRE.
SEVEN AND A HALF TO 10 POTENTIALLY.
OTHER QUESTIONS? COMMENTS? I DO HAVE THE COMMENTS.
SO THE, I LOOKED AT THE ASS AND P MAP AND LOOKS LIKE, NOT SHERWOOD, BUT THE STREET THAT'S DIRECTLY EAST TO THAT ONE.
AS S AND P HAS PLANS FOR IMPROVEMENTS THERE TO HAVE BICYCLE IMPROVEMENTS AND SO IT JUST SEEMS LIKE IT'S THE MIDDLE HOUSING THAT WE NEED IN THIS AREA.
QUESTIONS, COMMENTS, OR A MOTION CHAIR? COMMISSIONER THOMPSON? YEAH, UM, I'M, I'M JUST CURIOUS ABOUT THE QUESTION THAT WE HEARD ABOUT DEED ENFORCEMENT AND, UM, OUR ROLE AS A COMMISSION AND UNDERSTANDING DEEDS.
I MEAN, IT'S NOT PART OF THE BACKGROUND MATERIAL, SO I WAS JUST CURIOUS IF YEAH.
THE CITY DOES NOT ENFORCE PRIVATE DEED RESTRICTIONS.
DO I HEAR A MOTION? I'D LIKE TO, I MOVE TO ACCEPT STAFF RECOMMENDATION.
COMMISSIONER BO MADE A MOTION TO ACCEPT STAFF RECOMMENDATION THAT WAS SECONDED BY COMMISSIONER FLORES.
ANY DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR SAY AYE.
OH, I WAS GONNA SAY SOMETHING BUT OKAY.
THAT'S EVEN WITH THE CURRENT ZONING, THE PROPERTY CAN BE SUBDIVIDED AND HAVE MORE THAN TWO UNITS UNLESS THE PROPERTY OWNERS ENFORCE THE DEED RESTRICTION.
SO WE CAN'T REALLY CONTROL THAT AT ALL.
UM, BUT TO EVEN HAVE A SECOND UNIT ON THERE AND THEY NEED SF THREE, I THINK THE COUNCIL WILL AND SHOULD, AND MAYBE EVEN WE'LL HAVE OUR LEGISLATURE DO IT FOR THEM.
UM, UH, MAKE SURE THAT THERE'S, UM, ENTITLEMENTS FOR ADUS ON THESE PROPERTIES.
UM, BUT THE SUBDIVISION IS OUT OF OUR CONTROL.
AND THE ZONING IS APPROPRIATE.
WE HAVE A MOTION AND A SECOND.
AND ALL THOSE OPPOSED AND IT IS UNANIMOUS.
[ITEMS FROM THE COMMISSION]
ITEMS FROM THE COMMISSION? I, I DON'T THINK IT MADE IT TO THE AGENDA.UM, BUT I, DUE SCHEDULING CONFLICTS, I'M UNABLE TO CONTINUE ON THE,
[00:25:02]
THE COMMISSION THAT I'M SERVING ON OR RATHER THE SMALL LAB COMMITTEE COMMITTEE.UM, I IT DIDN'T LOOK LIKE IT GET ADDED TO THIS AGENDA, BUT I SUPPOSE, UH, CAN ADD IT TO THE NEXT AGENDA.
YOU HAVE MR. CHAIR COMMISSION, LADIES? YES.
UM, WE WILL TAKE UP, UM, A FEW NOMINATIONS, UM, TO CONSIDER ON YOUR MAY 16TH AGENDA.
UM, FUTURE AGENDA ITEMS? ANYTHING? THAT'S IT.
[COMMITTEE REPORTS]
CODES AND ORDINANCES.I THOUGHT WE TALKED ABOUT THE OTHER ONE.
OH, MAYBE DID WE, UM, OUR MOST RECENT? YEAH, I THINK WE HAD A MEETING AFTER APRIL 19TH.
WAS IT? YEAH, A WEEK AGO OR I THINK Y'ALL HAD ONE RIGHT BEFORE THE LAST MEETING.
OR IT WAS MAYBE RIGHT AFTER BECAUSE IT'S A, YEAH, IT'S THE DAY AFTER.
SO APRIL 19TH WE HAD A SAFE FENCE ORDINANCE, UM, TO CONT CONSIDER, UM, ALSO LIVE MUSIC VENUE AND CREATIVE SPACE DEFINITIONS, WHICH WAS LAB WORK, LIVE WORK UNITS.
WE ASKED THEM TO BRING THAT BACK TO THE NEXT MEETING, WHICH WILL NOW BE THE NEXT, NEXT MEETING.
UM, AND THEN COMPATIBILITY ON QUARTERS TO CORRECT SOME PLACES WHERE THEY HADN'T DONE THE NOTICE PROPERLY.
AND THEN YESTERDAY WAS IT ONLY YESTERDAY?
AND THEN WE HAVE ANOTHER MEETING COMING UP.
THERE'S A LOT OF CODE CHANGES COMING WHEN THE LEGISLATURE, THAT WILL BE EVEN MORE CODE CHANGES COMING.
COMPREHENSIVE JOINT COMMITTEE.
WE HAVE NOT MET, WE'VE BEEN HAVING A HARD TIME GETTING A QUORUM.
UH, BUT WE'RE GONNA HAVE SOME NOMINATIONS AT THE NEXT MEETING FOR THAT.
UM, SMALL AREA PLANNING JOINT COMMITTEE.
NO, THERE'S NOT A MEETING UNTIL JUNE.
THANK YOU ALL VERY MUCH, VENUS.