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[00:00:04]

UM, THIS

[Determination of Quorum / Meeting Called to Order]

IS THE MAY 9TH, 2023 MEETING OF THE PLANNING COMMISSION AT 6 0 8.

WE HAVE QUORUM AND WE'RE GONNA GO AND GET STARTED AND WE'LL START WITH OUR, UH, TRADITIONAL ROLL CALL.

I'LL GO AHEAD AND START WITH THOSE ON THE DIAS AND THEN MOVE TO THOSE THAT ARE ATTENDING, UH, VIRTUALLY.

AND LET'S GO AND START ON MY LEFT HERE.

I'M GONNA START WITH, UH, COMMISSIONER, UH, MAXWELL HERE.

AND THEN WE'LL MOVE TO, UH, COMMISSIONER WOODS HERE.

AND, UH, COMMISSIONER CONNOLLY HERE, YOUR CHAIR, CHAIR SHAW.

AND THEN MOVING TO MY RIGHT, WE HAVE COMMISSIONER BARNA RAMIREZ HERE, AND THEN, UH, COMMISSIONER ANDERSON HERE, AND COMMISSIONER HAYNES HERE.

AND THEN ON THE SCREEN AS I SEE YOU GUYS IN ORDER, UH, WE HAVE COMMISSIONER AZAR HERE, UH, VICE CHAIR HEMPLE HERE.

UH, COMMISSIONER COX HERE.

UH, WE HAVE COMMISSIONER MO TYLER HERE, AND, UH, COMMISSIONER HOWARD HERE.

OKAY.

SO THAT IS A FULL HOUSE.

UM, SO THAT MAKES ME VERY HAPPY.

SO THANK YOU.

I ALSO WANNA RECOGNIZE THE CHAIR OF THE BOARD OF ADJUSTMENTS, UH, CHAIR COHEN ON MY FAR LEFT.

AND ALSO I WANNA WELCOME, UH, PLANNING DEPARTMENT DIRECTOR, NEW DIRECTOR, UH, LAURA MIDDLETON PRATT.

DO YOU WANNA STAND UP AND BE RECOGNIZED? OKAY.

THANK YOU.

THANK YOU VERY MUCH.

UM, AND GONNA GO AND MOVE TO THE NEXT SLIDE.

UH, MS. RIVERA, DO WE HAVE ANY PUBLIC COMMUNICATION TODAY? CHAIR, COMMISSIONER, LAY ON ANDREW RIVERA.

SO WE DON'T HAVE ANY PUBLIC COMMUNICATION.

HOW ARE WE? DO HAVE A SPEAKER WHO WILL BE SPEAKING ON THE CONSENT AGENDA, UH, FOR ITEM 1818? YES.

SO BEFORE DISPOSING OF THAT ITEM.

OKAY.

PLEASE HEAR FROM THAT SPEAKER.

ALL RIGHT.

SO AFTER THE FIRST READ, WE'LL GIVE THE INDIVIDUAL A CHANCE TO SPEAK.

OKAY.

AND, UM, COMMISSIONERS

[APPROVAL OF MINUTES]

ON THIS, UH, NEXT ITEM, APPROVAL OF MINUTES.

ITEM ONE, UH, FROM APRIL 25TH, 2023.

DOES ANYBODY HAVE ANY CHANGES? OKAY, WE'RE GONNA GO AND ROLL THOSE INTO THE CONSENT AGENDA.

UM, COMMISSIONER BONO RAMIREZ, AND THEN I'M GONNA GO AHEAD AND HAND IT OFF TO

[Reading of the Agenda]

YOU TO GO AHEAD AND DO THE FIRST READING OF THE, UH, CONSENT AGENDA.

OKAY? THANK YOU VERY MUCH.

SO ITEM NUMBER TWO IS A PLAN AMENDMENT.

IT'S NPA 20 22 0 0 0 EIGHT.ZERO ONE.

IT'S 31 17 TO 3 31 21 EAST 12TH STREET, DISTRICT ONE, AND THE NEIGHBORHOOD IS SEEKING A POSTPONEMENT UNTIL MAY 23RD.

ITEM NUMBER THREE, AS A REZONING C 14 20 22, 1 50 FROM 31 17 AND 31 21 EAST 12TH STREET, DISTRICT ONE NEIGHBORHOOD SEEKING POSTPONEMENT UNTIL MAY 23RD.

ITEM NUMBER FOUR IS A PLAN AMENDMENT NPA 20 22 0 1 0 0 1 4 0 5 BROOKS FROM TRAIL DISTRICT TWO.

AND THAT'S UP FOR DISCUSSION AS IS ITEM NUMBER FIVE, WHICH IS ALSO REZONING C 14 20 22, 1 46 BROOKHAM TRAIL, WESTERN TRACK DISTRICT TWO UP FOR DISCUSSION.

ITEM SIX IS A REZONING C 14 20 22, 1 48 BROOKS'S TRAIL, EASTERN TRACK DISTRICT TWO UP FOR DISCUSSION.

ITEM SEVEN IS A REZONING C 8 14 97 0 0 0 1 15.

LEANDER REHABILITATION, PUT AMENDMENT AND STAFF AND APPLICANT ARE SEEKING A POSTPONEMENT UNTIL MAY 23RD.

ITEM NUMBER EIGHT IS A RESTRICTED COVENANT COVENANT TERMINATION, C 14 77, 1 38 R C T.

IT'S AT TEN SIX OH ONE NORTH LAMAR BOULEVARD, R CT DISTRICT FOUR, AND THE STAFF IS SEEKING AN INDEFINITE POSTPONEMENT FOR THIS ITEM.

ITEM NINE, REZONING C 14 20 22, 1 62 AT TEN SIX OH ONE NORTH LAMAR BOULEVARD, DISTRICT FOUR, ALSO STAFF SEEKING INDEFINITE POSTPONEMENT.

ITEM 10, REZONING C 14 20 22 0 1 63 1 0 1 NORTH CAPITAL, TEXAS HIGHWAY STAFF POSTPONEMENT UNTIL JUNE 27TH.

ITEM 11, CONSENT C 14 20 22, 1 64 AT 5 0 4 OAKLAND AVENUE, DISTRICT NINE, ITEM 12, REZONING C 800 1406 0 1 75.

DO OH FOUR EAST AVENUE, PUT AMENDMENT PARCEL H DISTRICT NINE STAFF IS SEEKING POSTPONEMENT UNTIL MAY 23RD.

ITEM 13, REZONING C 14 20 22 1 60, GREYSTAR TWO 90 AND DISTRICT EIGHT AND APPLICANT IS SEEKING AN INDEFINITE POSTPONEMENT FOR THAT ITEM.

MOVING ON TO ITEM 14, RESTRICTED COVENANT AMENDMENT C 14 85, 20 88, 2 88 79, RCA GREY STAR TWO 90 DISTRICT EIGHT, THE APPLICANT IS SEEKING AN INDEFINITE POSTPONEMENT FOR ITEM 15.

IT'S A FINAL PLAT FROM THE APPROVED PRELIMINARY PLAN,

[00:05:01]

AND IT'S C EIGHT J 20 20 0 0 9 1 1 A AT GREG MAYER SUBDIVISION, PHASE ONE.

AND WE, IT'S SEEKING APPROVAL WITH CONDITIONS AS SHOWN IN EXHIBIT C.

UM, ITEM 16, SITE PLAN APPEAL S P 20 2128 C 24 28 WEST BEND, WHITE MIXED USE DEVELOPMENT IN DISTRICT FIVE IS UP FOR DISCUSSION.

ITEM 17 IS AN I L A AMENDMENT, THE OWNER, UM, LET'S SEE.

IT'S AIS D INTER IN OUR LOCAL AGREEMENT AMENDMENT.

AND THE ITEM IS INITIATED BY COUNSEL AND IT'S ON CONSENT.

AND ITEM 18 IS A CODE AMENDMENT C 20 20 22 19 SLAUGHTER LANE, SOS SITE SPECIFIC AMENDMENT.

AND IT IS ON THE CONSENT AGENDA WITH ENVIRONMENTAL COMMISSION RECOMMENDATIONS AS SHOWN.

UM, SO IN SUMMARY, WE HAVE, SO ITEMS TWO AND THREE ARE UP FOR NEIGHBORHOOD POSTPONEMENT UNTIL MAY 23RD.

ITEMS FOUR, FIVE, AND SIX ARE ON DISCUSSION.

ITEM SEVEN IS STAFF AND APPLICANT POSTPONEMENT UNTIL MAY 23RD.

ITEMS EIGHT AND NINE ARE INDEFINITE POSTPONEMENT REQUEST BY STAFF.

ITEM 10 IS A STAFF POSTPONEMENT UNTIL JUNE 27TH.

11 IS CONSENT, 12TH IS STAFF POSTPONEMENT UNTIL MAY 23RD.

13 IS INDEFINITE POSTPONEMENT REQUEST BY APPLICANT AS IS 14.

ITEM 15 IS APPROVAL WITH CONDITIONS AS SHOWN.

ITEM 16 IS UP FOR DISCUSSION.

17 IS CONSENT AND 18 IS CONSENT.

ALTHOUGH, UM, I HEARD THAT WE WANTED TO, THERE WAS SOMEONE THAT WANTED TO SPEAK ON THAT ITEM.

YES, YES.

UH, THANK YOU SO MUCH.

UM, VERY EFFICIENT.

UH, SO COMMISSIONERS, ANY QUESTIONS ABOUT THE CONSENT AGENDA AS READ CHAIR? COMMISSIONER AZAR, I SAW YOU AND THEN FOLLOWED BY COMMISSIONER COX.

I REACHED THAT CHAIR.

HAVE A CLARIFYING QUESTION ON ONE ITEM.

I NOT WISH TO BULLET, BUT I JUST WANTED TO CONFIRM.

SO THIS IS ITEM NUMBER 11, WHICH IS THE FI 5 0 4 OAKLAND AVENUE.

AGAIN, I DO NOT WANT TO WISH TO PULL THIS ITEM.

I THINK IT'S FINE TO MOVE FORWARD.

IT'S JUST THAT THE CONDITIONAL OVERLAY THAT HAS BEEN RECOMMENDED BY STAFF INCLUDES THREE ITEMS THAT WE HAVE PREVIOUSLY BEEN, IT HAS BEEN RECOMMENDED TO US TO NOT INCLUDE THOSE TELECOMMUNICATIONS TOWER, WHICH IS GOVERNED BY FEDERAL LAW, TRANSITIONAL HOUSING AND RESIDENTIAL TREATMENT, BOTH OF WHICH ARE GOVERNED BY THE FAIR HOUSING LAW.

AND SO I JUST WANTED TO CLARIFY, THOSE ARE INCLUDED HERE.

SHOULD WE TAKE THEM OUT? IS THE UNDERSTANDING STAFF WILL RESOLVE THAT ISSUE AS THIS GOES FORWARD? HOW DO WE WANNA TAKE ACTION ON THAT CHAIR, COMMISSION LINES ON IF THE, UH, COMMISSION CAN DISPOSE OF THOSE, UH, CONDITIONS AND THEN PROCEEDED WITH APPROVING THE ITEM? APPRECIATE THAT.

THANK YOU, MR. RIVERA.

THAT ANSWERS MY QUESTION AND THANK YOU MR. DONK.

UM, I'M SORRY, WHAT WAS YOUR MR. RIVERA? WHAT, WHAT WAS YOUR RESPONSE? THE COMMISSIONER WILL APPROVE THE ITEM AS IS WITHOUT THE CONDITIONS.

OKAY.

UH, COMMISSIONER COX? UH, YEAH, I'M PROBABLY MISSING SOMETHING OBVIOUS HERE, BUT ITEM 12 IN OUR MINUTES DOESN'T ACTUALLY HAVE THE MOTION THAT WAS APPROVED BY THE COMMISSION.

I BELIEVE THAT ITEM, WE HAD A VOTE THAT FAILED AND THEN WE RE AND IT PASSED.

CHAIR COMMISSION LAYS ON, I YOU'LL TABLE, TABLE THE MINUTES AND THEN I, WE WILL BRING THEM BACK TO THE DI UH, TOWARD THE END OF THE MEETING.

OKAY.

SO WITH THAT, WE'RE REMOVING THE APPROVAL OF THE MINUTES FROM THE CONSENT AGENDA TABLING AT THIS TIME.

TABLING.

OKAY.

THANK YOU.

ALL RIGHT.

GOOD WORK Y'ALL.

UH, ANYONE ELSE? OKAY, LET'S GO AHEAD AND HEAR OUR SPEAKER ON ITEM 18 IF THEY'RE READY.

THANK YOU.

PLANNING COMMISSION, BOBBY LEVINSKY SAVE OUR SPRINGS ALLIANCE.

UM, I ACTUALLY, I SIGNED UP NEUTRAL MOSTLY BECAUSE I FEEL LIKE THIS PROJECT DOES ADD A LOT OF ENVIRONMENTAL, UH, BENEFITS WITH WATER QUALITY, UM, THAT STAFF'S PROPOSED WITH THE PROJECT.

UM, AS SAVE OUR SPRINGS GENERALLY WOULD NOT BE SUPPORTIVE OF INCREASING THE NUMBER OF LANES IN THIS AREA, UM, JUST AS A GENERAL POLICY.

UM, BUT WE DO RECOGNIZE THE BENEFITS THAT THIS PROJECT IS BRINGING TO UNTREATED IMPERVIOUS COVER.

UM, THE ONLY ADDITIONAL ASSET WE'LL BE ASKING OF CITY COUNCIL WILL BE TO, UM, PROVIDE ADDITIONAL FUNDING FOR, UH, MITIGATION, LAND MITIGATION THAT CAN ACCOMPANY THE PROJECT FOR THE PARTS OF THE IMPERVIOUS COVER THAT IS NOT, UM, BEING TREATED UP TO SLS WATER QUALITY STANDARDS.

SO, UM, OTHER THAN THAT, UM, I THINK THAT, UM, STAFF'S DONE A REALLY GOOD JOB ON THIS PROJECT.

UM, SO THAT'S WHY WE'RE NEUTRAL ON IT.

BUT, UM, WE WILL CONTINUE THE CONVERSATION WITH COUNSEL, UH, SINCE IT'S HIS CONSENT ITEM.

I DIDN'T REALLY WANT TO GET TOO MUCH MORE IN DETAIL, BUT I APPRECIATE YOUR TIME.

THANK YOU.

THANK YOU.

ALL RIGHT.

UM, I GUESS I'M GONNA,

[00:10:02]

18 SHOULD READ THE SUE THIS ONE MORE TIME.

OKAY.

IS EVERYBODY CLEAR? WE HAD A PRETTY GOOD READING.

WE'RE GONNA TABLE THE MINUTES.

ANY QUESTIONS ON THE CONSENT AGENDA AS READ? ALL RIGHT.

UH, DO I HAVE A MOTION TO CLOSE PUBLIC HEARING AND, UH, OKAY.

UH, COMMISSIONER CONLEY.

SECONDED BY COMMISSIONER.

WHAT? THAT? COMMISSIONER WOODS.

OKAY.

ALL RIGHT.

LET'S GO.

AND, UH, SO

[Consent Agenda]

IT'S CLOSE PUBLIC HEARING AND APPROVE, UM, THE CONSENT AGENDA, LET'S GO AND TAKE A VOTE ON THE DIAS.

AND THAT'S EVERYONE THAT'S ON THE SCREEN.

OKAY.

I THINK THAT'S EVERYONE.

UH, THAT'S UNANIMOUS.

ALL RIGHT.

LET'S GO AHEAD AND MOVE TO OUR FIRST DISCUSSION CASE.

WE'RE GONNA TAKE UP ALL THREE OF THESE TOGETHER.

OH, REAL QUICK, UH, WE HAVE TWO ITEMS. THOSE OF YOU THAT ARE HERE FOR THE SECOND ITEM, YOU CAN WAIT OUT IN THE ATRIUM AND YOU'LL GET A NOTICE ABOUT 15 MINUTES OUT AN EMAIL IF YOU'RE SIGNED UP TO SPEAK ON OUR SECOND ITEM THIS EVENING.

ALL RIGHT.

UH, WE'RE TAKING UP

[Items 4 - 6 ]

ITEMS, UH, FOUR, FIVE, AND SIX TOGETHER.

UH, SO WE'LL HAVE STEPH INTRODUCING EACH ONE OF THESE GOOD EVENING COMMISSIONERS.

GOOD EVENING CHAIR.

UH, JESSE GUTIERREZ, UH, CITY OF AUSTIN PLANNING DEPARTMENT.

UH, ITEM NUMBER FOUR IS THE NEIGHBORHOOD PLAN AMENDMENT CASE.

CASE NUMBER NPA 20 22 0 14 0 5, ALSO KNOWN AS ALSO KNOWN AS BERGSTROM TR BERGSTROM TRAIL.

UH, THE ADDRESSES ARE SIXTY THREE HUNDRED AND SIXTY FOUR TEN BURLESON ROAD.

UH, THE PROPERTY IS LOCATED WITHIN THE SOUTHEAST COMBINED, UH, NEIGHBORHOOD PLAN AREA.

THIS IS A FUTURE LAND USE MAP, CHANGE REQUEST FROM INDUSTRY AND TRANSPORTATION TO MIXED USE LAND USE.

THE LONG RANGE PLANNING STAFF DOES NOT RECOMMEND THIS CHANGE.

UH, THE SOUTHEAST COMBINED NEIGHBORHOOD PLAN CONTACT TEAM HAS SUBMITTED A LETTER SUPPORTING THE APPLICANT'S REQUEST WITH CONDITIONS, UH, THE LETTER CAN BE FOUND IN THE STAFF REPORT.

THANK YOU.

GOOD EVENING COMMISSIONERS.

NANCY ESTRADA WITH THE PLANNING DEPARTMENT.

THIS IS ITEM NUMBER FIVE AND SIX ON YOUR AGENDA.

CASE NUMBER C 14 20 22 0 1 46 IS THE BERGSTROM TRAIL AREA INFILL WESTERN TRACT.

CASE NUMBER C 14 20 22 0 1 48 IS THE BERGSTROM TRAIL AREA INFILL EASTERN TRACT.

THE WESTERN TRACT IS LOCATED AT 6,300 BURLESON ROAD.

THE EASTERN TRACT IS LOCATED AT 64 10 BURLESON ROAD.

BOTH TRACKS ARE CURRENTLY ZONED L I N P, AND THE APPLICANT IS REQUESTING C S M U V N P.

THE SUBJECT REZONING AREA IS LOCATED AT THE NORTHEAST CORNER OF BURLESON ROAD AND METROPOLIS DRIVE.

IT IS COMPOSED OF TWO TRACKS OF LAND SEPARATED BY RIGHT OF WAY THAT WAS USED FOR BURLESON ROAD UNTIL IT WAS REALIGNED.

ALTHOUGH THESE TWO, THESE ARE TWO SEPARATE ZONING CASES, THE APPLICANT IS PROPOSING A UNIFIED DEVELOPMENT AND IS REQUESTING CS M U V N P COMBINING DISTRICT FOR A POSSIBLE MIXED USE DEVELOPMENT THAT WOULD INCLUDE MULTI-FAMILY UNITS REQUIRING AN AFFORDABLE COMPONENT.

THE WESTERN TRACT IS APPROXIMATELY 2.7 ACRES AND HAS A HYDRAULIC PARTS SHOP, AN AUTOBODY SHOP CURRENTLY LOCATED ON THIS TRACT.

THE EASTERN TRACT IS 1.2 ACRES AND IS UNDEVELOPED.

THE SUBJECT AREA IS SURROUNDED BY INDUSTRIAL BUSINESS PARKS, WAREHOUSES CONTAINING DISTRIBUTION AND SUPPLY COMPANIES, MANUFACTURING COMPANIES, CONSTRUCTION SALES AND SERVICE BUSINESSES.

OUTSIDE STORAGE USES A FUEL STATION IN A CAR RENTAL COMPANY.

ALL ARE ZONED EITHER L I N P L I C O N P, OR L I P D A MP.

AFTER CAREFUL CONSIDERATION AND DELIBERATION, STAFF IS ENABLED TO RECOMMEND THE APPLICANT'S REZONING REQUEST AND RECOMMENDS MAINTA MAINTAINING LI NP ZONING FOR THE FOLLOWING REASONS.

RESIDENTIAL USES ARE NOT COMPATIBLE SINCE IT IS PREDOMINANTLY AN INDUSTRIAL AREA.

THE PROPERTY IS LOCATED IN IMAGINED AUSTIN JOB CENTER AND INDUSTRIAL AREAS GENERALLY DO NOT SUPPORT RESIDENTIAL USES.

SAFETY ISSUES CONTRIBUTE TO RESIDENTIAL AND INDUSTRIAL USES NOT BEING COMPATIBLE.

THE SOUTHEAST NEIGHBORHOOD PLAN SUPPORTS MAINTAINING THE INDUSTRIAL USES IN ENCOURAGING NEW INDUSTRIAL AND COMMERCIAL USES, WHICH WILL ALLOW SPACE FOR SMALL BUSINESSES, WAREHOUSE MANUFACTURING, AND BLUE COLLAR JOBS.

IN GENERAL, THIS AREA DOES NOT SUPPORT RESIDENTIAL USES.

MIXED USE AND PERMANENT, PERMANENT RESIDENTIAL ARE NOT APPROPRIATE.

AND THE EXISTING INDUSTRIAL LANDSCAPE INDICATES THAT THIS AREA IS NOT TRANSITIONING TO RESIDENTIAL MIXED USE.

I'LL BE HERE FOR ANY QUESTIONS.

THANK YOU.

THANK YOU, CHAIR.

WELL, NOW YOU HEAR FROM THE APPLICANT, MR. KING.

MR. KING,

[00:15:01]

YOU'LL HAVE FIVE MINUTES.

UH, GOOD EVENING CHAIR AND, UH, COMMISSIONERS.

MICAH KING WITH HUSH BLACKWELL ON BEHALF OF THE APPLICANT.

UH, THANK YOU FOR BEING HERE TONIGHT.

SO, UM, GETTING USED TO THE, HAVING THE CLICKER AGAIN, SOMETIMES I WOULD LIKE TO WORK, OH, THERE WE GO.

OKAY, THANK YOU.

UH, SO THIS IS, UH, AS YOU HEARD IN THE SOUTHEAST COMBINED NEIGHBORHOOD PLAN CONTACT TEAM AREA.

UH, THE CURRENT DESIGNATION IS INDUSTRY AND TRANSPORTATION.

WE'RE ASKING FOR MIXED USE AND TO GO FROM L I N P TO C S V M U AT NP WITH A RECOMMENDATION FROM THE CONTACT TEAM TO APPROVE, UH, WITH CONDITIONS THAT WE ARE AGREEABLE TO.

OKAY.

UM, THE, THE PURPOSE OF THIS REQUEST IS TO ALLOW FOR MULTI-FAMILY HOUSING WITH A MIX OF MARKET RATE AND INCOME RESTRICTED UNITS, UH, NEW OPEN SPACE AND LANDSCAPING.

UH, AND TWO, TAKE ADVANTAGE OF THE NEWBERG FROM SPUR TRAIL THAT WILL BE, UH, WITHIN 150 FEET OF THE NORTH OF, UH, NORTHERN PART OF THE PROPERTY.

UM, IT WOULD ALSO PROVIDE HOUSING FOR PEOPLE SUCH AS AT THE TECH HEADQUARTERS THAT WAS RECENTLY BUILT, UM, ABOUT A THIRD MILE SOUTH THAT HAS, UM, ABOUT 2000 EMPLOYEES.

UM, THIS IS A MAP OF THE PROPERTY LOCATION, UH, AT THE INTERSECTION OF BURLESON AND WEINE POLIS, UH, CONVERGE OR CHANGES FROM SAING TO MONOPOLI.

NEXT SLIDE.

UH, THIS IS, IS A, UH, PLUM MAP EXISTING SHOWING INDUSTRIAL, BUT ALSO A MIX OF USES, UM, MIXED USE DESIGNATIONS, COMMERCIAL AND CIVIC.

UM, AND SO WHILE THERE IS MORE, UH, HOMOGENOUS INDUSTRIAL FURTHER TO THE SOUTH BETWEEN THIS PART OF BURLESON ROAD AND BEN WHITE, ALONG ONE TOP LIST, YOU DO SEE A MIX OF USES AND DESIGNATIONS.

UM, NEXT SLIDE PLEASE.

UM, AGAIN, EXISTING ZONING SHOWING, UH, CS M U IN VERY CLOSE PROXIMITY TO OUR PROPERTY, UM, WHICH IS WHAT WE'RE REQUESTING WITH THE EXCEPTION OF ADDING THE V SO WE CAN DO AFFORDABLE HOUSING.

UH, NEXT SLIDE, PLEASE.

UH, THIS IS THE VIEW OF THE PROPERTY THAT CURRENTLY EXISTS.

THERE IS ONLY ONE SMALL PROPERTY OR BUILDING ON THE PROPERTY.

UM, THE VAST MAJORITY OF, OF IT IS UNDEVELOPED, UM, AND HAS BEEN UNDEVELOPED SINCE AERIAL IMAGERY STARTED.

UM, AND NEXT SLIDE, PLEASE.

UH, THIS IS A CONCEPTUAL DESIGN FOR THE PROJECT, SHOWING THE HOUSING, UH, WITH A MIX OF USES, UM, UH, RETAIL ON THE GROUND FLOOR, SERVING THE NEIGHBORHOOD, UM, AS REQUESTED BY THE CONTACT TEAM.

AND NEXT SLIDE, PLEASE.

UH, PUBLIC AMENITIES INCLUDE, UH, THE BERGSON SPUR TRAIL ACCESS POINT, UM, ADJACENT BIKE LANES THAT ALREADY EXIST, UH, NEARBY MCKINNEY FALLS STATE PARK TRAIL HEAD, UM, AND THEN TWO BUS ROUTES, UH, ADJACENT TO THE PROPERTY WITH THREE BUS STATIONS.

UH, AND WE'RE ALSO A HALF MILE, UH, JUST SOUTH OF BEND WHITE AND NEAR THE FUTURE METROPOLI METRO RAIL STATION.

AND NEXT SLIDE.

UH, PUBLIC BENEFITS.

UM, THESE ARE THINGS THAT WE WORKED ON, UH, VERY CLOSELY WITH, UM, UH, ANNANA, AGUIRE AND THE CONTACT TEAM, INCLUDING THE, THE MULTI, UH, THE, UM, THE AFFORDABLE HOUSING, UH, LEVELS, UH, WIDEN SIDEWALKS FOR INCREASED, UH, SAFETY AND CONNECTIVITY, UH, WORKING ON PEDESTRIAN IMPROVEMENTS, UM, AT THE ADJACENT INTERSECTION.

AND THEN GOING ABOVE AND BEYOND THE, THE MINIMUM TREE PLANTINGS AND LANDSCAPE REQUIREMENTS TO PROVIDE A BUFFER.

UM, AND TO ADD TO THE NATURAL BEAUTY OF THIS, UH, PROPERTY.

UM, WE'LL ALSO BE, AND WE'RE IN THE PROCESS OF WORKING ON, UH, VACATING THE DILAPIDATED FORMER PART OF BURLESON ROAD THAT BISECTS THE PROPERTY, UH, TO REUNITED, PROVIDE FOR A COHESIVE REDEVELOPMENT, UM, AND THEN SOME GROUND FLOOR RETAIL.

AND NEXT SLIDE, PLEASE.

UM, THE CONTACT TEAM LETTER OF SUPPORT WITH THE CONDITIONS THAT WE DISCUSSED.

AND NEXT SLIDE.

UH, UNIQUE FOR SOME PROPERTIES IN THE AREA, UH, OR UNLIKE OTHER PROPERTIES, UM, AUSTIN FIRE DEPARTMENT DID A, UM, HAZARDOUS MATERIALS REPORT FOR THE PROPERTY.

AND TYPICALLY THEY, THEY COMPLETELY OPPOSE IN THIS CASE.

THEY, THEY RECOMMENDED APPROVAL WITH THEIR OPPOSITION, UM, BOILER PLATE NOTED, UM, WITH, UH, THEM BEING OKAY WITH IT BASED ON THE SAFE DISTANCE REQUIREMENT OF AT LEAST A THOUSAND FEET.

UH, NEXT SLIDE PLEASE.

UH, THIS IS A CROSS SECTION OF THE BERKSON SQUARE TRAIL, THIS AREA, UM, SHOWING A PROPERTY.

UM, IT'S JUST 150 FEET SOUTH OF IT WITH EIGHT TO 10 FOOT BICYCLE PATH AND A SIX EIGHT FOOT PEDESTRIAN PATH.

AND NEXT SLIDE.

UH, SO THIS IS NOT A HOMOGENOUSLY INDUSTRIAL AREA.

WE HAVE NEW MULTIFAMILY

[00:20:01]

HOUSING THAT SHOULD WENT IN, UH, JUST UP THE STREET WITHIN THE PAST COUPLE OF YEARS.

UH, THAT WAS A SMART HOUSING PROJECT.

AND NEXT SLIDE.

UM, REALLY EXCITED ABOUT THIS, THE NEW RADIO, A COFFEE AND BEER LOCATION, ABOUT TWO LOTS TO THE NORTH OF THIS PROPERTY, UM, THAT HAS AN APPROVED, UH, SITE PLAN.

UM, AND NEXT SLIDE, PLEASE.

UM, THE NEXT HEADQUARTERS THAT I MENTIONED.

AND WE ALSO HAVE PUBLIC SCHOOLS IN CLOSE PROXIMITY TO THIS PROPERTY AS WELL.

AND, UH, THE, UM, A MEMBER OF THE, THE LOCAL DEVELOPER FAMILY IS HERE, UH, ZANE TODAY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE AS, AS WELL AS ME.

THANK YOU SO MUCH.

THANK YOU.

WE'LL NOW HEAR FROM MR. JASON, SERMON ON THE TELECONFERENCE.

MR. SERMON, SELECT STAR SIX, PROCEED WITH MARKS.

YOU'LL HAVE THREE MINUTES.

THANK YOU.

AND THANKS COMMISSIONERS.

UH, MY NAME IS JOHN THURMAN, AND I'M CALLING ON BEHALF OF THE CONTACT TEAM.

UH, THE SOUTHEAST COMBINED NEIGHBORHOOD PLAN CONTACT TEAM SUPPORTS, UH, THIS NEIGHBORHOOD PLAN, AMENDMENT AND ZONING CHANGES PROVIDES FOUR, FIVE, AND SIX.

UH, THE CONTACT TEAM BELIEVES THIS IS A GOOD LOCATION FOR A MIXED USE DEVELOPMENT, PARTICULARLY CONSIDERING ITS CLOSE PROXIMITY TO THE NEW TEXT DOT HEADQUARTERS, WHICH IS IN WITH SHORT, WITHIN SHORT WORK WALKING DISTANCE.

AND WE UNDERSTAND HAZARD WILL HAVE UP TO 2000 EMPLOYEES.

UH, THERE ARE VERY FEW AMENITIES CLOSE TO TECH DOT.

THERE'S A SUBWAY RESTAURANT, UH, CONVENIENCE STORE, AND A COUPLE OF FOOD TRUCKS.

UM, IT WOULD BE NICE FOR THOSE EMPLOYEES TO ALSO HAVE ACCESS TO RETAIL AND RESTAURANTS THAT WE EXPECT TO BE PART OF THIS PROPOSED DEVELOPMENT.

UM, THE DEVELOPMENT IS ALSO VERY CLOSE.

THE BROOK S SPUR TRAIL, WHICH WILL PASS NEARBY.

UH, THE TRAIL WILL BE A GREAT COMMUNITY FOR PEOPLE WHO LIVE IN THIS DEVELOPMENT AND WHO WORK NEARBY.

THE DEVELOPMENT MAY BE A GOOD ACCESS AND ACTIVATION POINT FOR THE TRAIL SERVING AS A DESTINATION AND PROMOTING THE TRAIL'S USE.

WE UNDERSTAND THE CITY STAFF IS HESITANT TO CONVERT INDUSTRIAL TO MIXED USE, BUT IN ADDITION TO TECHO, WHICH IS NOT INDUSTRIAL, WE NOTE THAT A COMMUNITY FIRST VILLAGE IS ESTABLISHED AND EXPANDING NEARBY TO THE SOUTHEAST OFF OF BURLESON.

AND THE COLORADO CROSSING RESIDENTIAL NEIGHBORHOOD IS ALSO CLOSE BY.

IT WOULD BE NICE IF PEOPLE LIVING IN THIS MOSTLY INDUSTRIAL AREA HAD MORE PLACES TO GO NEAR THEIR HOMES.

CONSIDERING THE POTENTIAL COMMUNITY BENEFITS.

OUR VIEW IS THAT CONVERTING A SMALL PART OF THIS LARGE INDUSTRIAL AREA, WHICH IS NOT CURRENTLY BEING USED, SHOULD NOT BE A CONCERN.

THE CONTACT TEAM APPRECIATES THAT THE APPLICANT AGREES.

SO THE CONDITIONS WE OUTLINED IN OUR LETTER OF SUPPORT, INCLUDING AFFORDABLE HOUSING, SIDEWALK AND PEDESTRIAN IMPROVEMENTS FOR TRAIL ACCESS AND GROUND, FAR FLOOR RETAIL.

UH, COMMISSIONERS, THANK YOU FOR YOUR TIME AND WE HOPE YOU SUPPORT THESE PROPOSED CHANGES.

SO I DON'T HAVE ANY OPPOSITION.

UM, I DON'T KNOW IF THE APPLICANT WISHES TO, UM, HEATHER THREE MINUTES FOR REBUTTAL OR NOT.

DID YOU HAVE ANY, UM, I KNOW THE BUZZER RAINED BEFORE YOU MIGHT HAVE BEEN DONE.

DO YOU HAVE ANYTHING ELSE YOU WANT TO ADD? YOU HAVE SOME TIME IN YOUR REBUTTAL.

THANK YOU.

UH, CHAIR.

UM, I DON'T THINK I HAVE ANYTHING TO REBUT.

UM, BUT I, I DO WANT TO MENTION THAT, UH, IN THE HISTORY OF THIS, THIS PROPERTY, UM, HALF OF IT, LIKE I SAID, HAS NEVER BEEN DEVELOPED AS FAR AS I CAN TELL.

UM, AND THE OTHER HALF HAS TWO SMALL BUSINESSES THAT ARE COMMERCIAL.

AND SO, UM, STAFF HAS ARGUED THAT WE SHOULDN'T BE GIVING UP INDUSTRIAL LAND.

WELL, THIS PROPERTY'S CLEARLY AND PROPERLY ZONED, UM, OTHERWISE THE MARKET WOULD'VE PROVIDED INDUSTRIAL USE IN THIS PROPERTY.

THANK YOU.

COMMISSIONERS.

UM, JUST, UH, WE HAVE SOME FOLKS, I THINK MAYBE ON STAFF AND AS WELL IN THE COMMISSION THAT MAY HAVE TO LEAVE SOONER OF US IN ORDER TO KIND OF, UH, MOVE THROUGH THIS A LITTLE QUICKLY.

I'M PROPOSING THERE ISN'T ANY OPPOSITION AT THIS POINT TO GO WITH, UH, FIVE QUESTIONS AT THREE MINUTES EACH.

IF WE NEED, IF THAT BUILDS, WE HAVE ADDITIONAL QUESTIONS.

UH, WE, UH, I THINK WE CAN ENTERTAIN ADDITIONAL QUESTIONS AT THAT POINT.

ANY CONCERNS WITH REDUCING THE NUMBER OF QUESTIONS IN THE TIME? OKAY.

WE'LL START THAT WAY.

BUT AGAIN, IF ANYBODY NEEDS TO ASK A QUESTION, WE CAN, UM, WE CAN ASK AGAIN AND, AND ADD A FEW MORE QUESTIONS ON.

ALL RIGHT.

SO WITH THAT, WHO HAS THE FIRST QUESTION? THIS EVENING? CHAIR, COMMISSIONER, WE NEED TO CLOSE THE PUBLIC HEARING.

YES.

THANK YOU.

UM, DO I HAVE A MOTION CLOSED PUBLIC HEARING? UH, COMMISSIONER ANDERSON SECOND BY COMMISSIONER MAXWELL.

UH, ANY OBJECTIONS TO CLOSING IN THE PUBLIC HEARING? ALL RIGHT, I, I DON'T SEE ANY RED, NO OBJECTIONS.

SO WE'RE GONNA GO AND PASS THAT.

THANK YOU.

[00:25:01]

ALL RIGHT.

UM, ALL RIGHT, LET'S GO AHEAD AND START WITH OUR QUESTIONS.

DOES THE, OKAY.

VICE CHAIR HEMPLE? YES.

I THINK THIS IS A QUESTION FOR STAFF.

UM, MY QUESTION IS ABOUT THE BERGSTROM SPUR TRAIL, UM, AND REALLY ANY OF THE URBAN TRAILS THAT THE CITY IS, IS BUILDING.

UM, IS THERE AN ACCOMPANYING LAND USE STUDY, UM, DONE FOR ANY OF THOSE TRAILS, UM, EITHER UNDER DESIGN OR BEING PLANNED THAT LOOKS AT AREAS LIKE THIS WHERE YOU'RE INTRODUCING, UH, AN ELEMENT THAT'S VERY MUCH MEANT TO MOVE PEOPLE, RESIDENTS, PEOPLE WHO ARE WORKING BACK AND FORTH, GOING THROUGH AN AREA THAT MAYBE, MAYBE THERE IS SOME, SOME LOOKING AT THE LANDING LAND USES TO BETTER ACCOMPANY INFRASTRUCTURE IN INVESTMENT LIKE THAT? AS FAR AS STUDIES, I WOULD NEED TO CONFER WITH OUR M P A COLLEAGUES TO SEE IF THERE'S ANY SPECIFIC STUDIES.

I WOULD NEED TO ACTUALLY LOOK INTO INFORMATION TO ANSWER THAT QUESTION SPECIFICALLY.

OKAY.

OKAY.

UM, I THINK THAT'S ALL I HAVE.

THANK YOU, CHAIR.

ALL RIGHT.

COMMISSIONERS QUESTIONS.

UH, COMMISSIONER MU TYLER, FOLLOWED BY COMMISSIONER COX.

THANK YOU CHAIR.

UM, QUESTION FOR STAFF.

UM, I UNDERSTAND THE CONCERN ABOUT REZONING IN AN AREA THAT HAS BEEN HISTORICALLY INDUSTRIAL.

ARE THERE ANY, I GUESS I'M ASKING ABOUT AD'S, SLIGHTLY EQUIVOCAL RESPONSE.

IS THERE ANY INDUSTRY, UH, IN THE AREA THAT WE NEED TO BE AWARE OF THAT IS OF CONCERN FOR RESIDENTIAL HAZARDS? OTHER THAN THE IDEA OF MIXING, MIXING THE RESIDENTIAL WITH INDUSTRIAL USE? CORRECT.

UM, THERE'S NOT A SPECIFIC SITE OR A SPECIFIC, UH, COMPANY OR ANYTHING THAT WE ARE AWARE OF.

UM, SO WE DON'T, IT'S MORE OF THE DON'T TOXIC USES, TOXIC WATER, TOXIC CHEMICALS EXACTLY.

AND THINGS LIKE THAT.

IT'S MORE OF THE CONCEPT OF BEING COMPLETELY SURROUNDED BY INDUSTRIAL AREA AND PUTTING RESIDENTIAL LITERALLY IN THE MIDDLE OF IT.

OKAY.

SO, GREAT.

THANK YOU.

THAT'S ALL I HAVE.

I'LL YIELD TO SOMEONE ELSE.

ALL RIGHT.

COMMISSIONER COX? YEAH, I'M TRULY UNDECIDED ON THIS, SO I'M HOPING SOMEONE CAN SWAY ME IN EITHER DIRECTION.

UM, I GUESS QUESTION FOR THE APPLICANT, THERE WAS LIKE A THOUSAND FOOT SEPARATION THING THAT A F PUT IN THERE.

CAN, CAN YOU HELP ME UNDERSTAND WHAT THE THOUSAND FOOT SEPARATION IS ABOUT? YES.

UH, COMMISSIONER, GOOD QUESTION.

SO THE THOUSAND FOOT IS TO, THEY WILL DO A STUDY OF THE SURROUNDING AREA, UH, LOOK AT ANY POTENTIAL HAZARDS, AND IF THERE IS, UH, SOME, SOME BUSINESS THAT'S STORING, UM, YOU KNOW, A ABOVE GROUND STORAGE TANK OR SOMETHING LIKE THAT, MAKING SURE THAT THE PROPERTY'S FAR ENOUGH AWAY.

AND IN THIS CASE, UM, ANY POTENTIAL PROPERTY LIKE THAT WAS AT LEAST A THOUSAND FEET AWAY.

AND SO, UM, BASED ON THAT, UM, THEY DID NOT OPPOSE, UM, BECAUSE OF THE SAFE SEPARATION.

I GUESS MY QUESTION ABOUT THAT IS IN THE REVERSE, I IF, IF ONE OF THESE INDUSTRIAL SITES THAT SURROUND THIS ENTIRE PROPERTY DECIDE THEY WANT TO, THEY NEED TO HAVE SOME SORT OF HAZARDOUS MATERIAL TO CONTINUE GROWING THEIR BUSINESS AND THEIR ZONING DESIGNATION ALLOWS IT, DOES THAT, DOES THAT HAPPEN AND THEN PUT YOUR RESIDENTS AT RISK? OR ARE WE ELIMINATING THAT POSSIBILITY NOW BY THE FACT THAT WE'RE PUTTING A RESIDENTIAL USE IN THE MIDDLE OF THESE INDUSTRIALLY ZONED AREAS? I THINK THAT COULD BE A CONCERN AT OTHER PROPERTIES.

UM, WHEN YOU LOOK AT THIS SPECIFIC PROPERTY AND WHAT IS AROUND IT, THIS, THE INDUSTRIAL USES THAT ARE THERE ARE SOMEWHAT STABLE.

SO NORTH OF US IS AN LCR, A SERVICE YARD THAT'S BEEN THERE FOR YEARS.

IT'S AN EXTREMELY LARGE PROPERTY.

UM, WE DON'T HAVE A CONCERN ABOUT THAT CHANGING.

UM, AND WE ACTUALLY DO HAVE NON-INDUSTRIAL USES RIGHT NEXT TO US.

SO IMMEDIATELY TO OUR SOUTH, WE HAVE A GAS STATION WITH A SUBWAY.

UM, CADY TO THE SOUTHWEST IS ANOTHER GAS STATION THAT'S BEING BUILT.

NO, NO, I, I APPRECIATE THAT.

AND I'VE GOT LIMITED TIME, WHICH IS THE REASON I'M INTERRUPTING.

UH, APOLOGIES FOR THAT.

UM, SO I GUESS QUESTION FOR STAFF,

[00:30:01]

IF I CAN, UM, I'M A LITTLE CONCERNED THAT BY CHANGING THIS DEVELOPMENT INTO ONE THAT INCORPORATES RESIDENTIAL USE AND A LOT MORE INTENSITY OF DEVELOPMENT, CAN YOU HELP US UNDERSTAND THE POTENTIAL KIND OF FUTURE CONSEQUENCES OF THIS? DOES THAT, DOES THAT MEAN THESE INDUSTRIAL SITES FROM KIND OF A DEVELOPMENT COMMUNITY PERSPECTIVE MIGHT ALL BE SEEN AS UNDERUTILIZED SINCE THEY COULD ALL BE CHANGED TO A HIGHER DENSITY MIXED USE DEVELOPMENT? AND THEN NOW THIS ONE SITE KIND OF THREATENS THIS WHOLE INDUSTRIAL AREA? IS THAT, IS THAT I, IS THAT KIND OF JUST CRAZY THINKING, OR IS THAT KIND OF A POSSIBILITY OF ACTIONS LIKE THIS? WELL, I THINK THAT, UM, ONE OF THE ITEMS THAT WE LOOKED AT IS, OKAY, ONE OF THE ITEMS THAT WE LOOKED AT IS THAT THIS AREA, THERE OBVIOUSLY OTHER INDUSTRIAL AREAS THAT HAVE BEEN IN TRANSITION.

AND THIS IS ONE OF THE AREAS THAT IS REALLY NOT, HAS NOT TRANSITIONED YET.

SO, UM, AS FAR AS IF WE START WITH THIS SITE AND IF IT'S A DOMINO EFFECT, I MEAN, I DON'T REALLY KNOW WHAT THE FUTURE HOLDS, BUT I THINK THAT WAS SOMETHING THAT WE REALLY DISCUSSED AS A TEAM, AS THIS AREA ISN'T NECESSARILY TRANSITIONING AS SOME OF THE OTHER HEAVILY INDUSTRIAL SITES IN THE CITY.

SO I DON'T KNOW IF THAT ANSWERS YOUR QUESTION, BUT, UM, I MEAN, I, AM I OUT OF TIME? UH, YES.

IS ANYBODY WANT TO, UH, PICK UP THE NEXT QUESTION AND ALLOW A LITTLE MORE TIME TO ANSWER THE QUESTION? I'LL PICK UP THE NEXT QUESTION.

OKAY.

AND, AND YOU CAN GO AHEAD AND FINISH YOUR QUESTION.

COMMISSIONER COX, WERE YOU, UH, DID, DID YOU HAVE OH, WELL, NO, I, I WAS, I WAS JUST GONNA, I WAS ACTUALLY GONNA ASK THE APPLICANT IF FROM THEIR PERSPECTIVE, BEING IN THE DEVELOPMENT COMMUNITY, YOU KNOW, THIS SORT OF DEVELOPMENT THEY'RE PROPOSING IS, IS LIKELY, UM, I DON'T KNOW WHAT THE WORD IS, BUT, BUT JUST MORE ATTRACTIVE FINANCIALLY THAN A WAREHOUSE.

AND SO THIS AREA IS SURROUNDED BY WAREHOUSES.

AND SO I'M JUST TRYING TO UNDERSTAND THE POTENTIAL DOMINO EFFECT OF BASICALLY OPENING THE DOOR TO THIS TYPE OF DEVELOPMENT IN THE MIDDLE OF THIS INDUSTRIAL DEVELOPMENT.

AND IF THE APPLICANT BEING WITHIN THE DEVELOPMENT COMMUNITY KIND OF SEES THAT SNOWBALL POTENTIALLY OCCURRING BASED ON, BASED ON THIRD DEVELOPMENT.

UM, OKAY.

I THINK THAT'S, LET ME TRY IN FACT THAT, SO THERE ARE, UH, IF, IF YOUR QUESTION IS ARE THEY DECIDING TO GOING AFTER THIS PROPERTY SIMPLY BECAUSE OF THE, THE PROPERTY COST? NO.

UM, THEY'RE GOING BASED ON WHERE THE MARKET DEMAND IS, UM, AND WHERE WE NEED HOUSING AND WHERE WE HAVE A SHORTAGE OF HOUSING FOR WORKERS.

UM, IT'S A HISTORICALLY UNDERUTILIZED SITE, AND IT'S NOT A HOMOGENOUSLY INDUSTRIAL AREA.

I MEAN, YOU HAVE HOUSING RIGHT DOWN THE STREET THAT WAS JUST BUILT.

YOU HAVE RADIO COFFEE TWO PROPERTIES AWAY THAT'S GOING IN VERY SOON.

UM, AND SO IT HAS EASY ACCESS TO VIN WHITE, IT HAS GREAT ACCESS TO THE TRAIL, WHICH IS A BIG SELLING POINT FOR THIS PROPERTY.

UM, AND SO THOSE SORTS OF THINGS MAKE THE PROPERTY REALLY ATTRACTIVE, UM, IN OUR POINT OF VIEW.

UM, CAN I TAKE OVER NOW AND FINISH MY TIME? UM, I HAVE A QUESTION FOR STAFF.

UM, FOR THE STAFF THAT WORKED ON THIS, IT CAN REALLY BE, UM, ANYONE WHO IS INVOLVED IN MAKING THE RECOMMENDATION.

UH, DO WE HAVE SOMEONE FROM STAFF? YEAH.

HI.

THANK YOU.

UM, SO I, I REALLY APPRECIATE THE CONCERN FLAGGED.

UM, THIS ISN'T THE FIRST CASE THAT WE'VE HAD WHERE WE SEE AN INDUSTRIAL SITE TRANSITIONING TO RESIDENTIAL RECENTLY, AND THE CONCERN FOR THE PRESERVATION OF BLUE COLLAR JOBS IN AUSTIN AND OPPORTUNITIES FOR, UM, BLUE COLLAR JOBS AS SOMETHING THAT'S VERY IMPORTANT TO ME.

UM, BUT I THINK THERE SEEMS TO BE A LITTLE BIT OF A TENSION BECAUSE THERE IS GOOD TRANSIT CONNECTIVITY IN THE AREA, THE POTENTIAL FOR, UM, UH, QUALITY OF LIFE WITH ACCESS TO THE TRAIL AND OTHER SORT OF AMENITIES SEEM TO BE COMING IN EVENTUALLY.

AND I WAS JUST WONDERING IF YOU HAVE THOUGHTS ON HOW YOU, UH, WEIGHED THAT DECISION IN TERMS OF THE ACCESS TO TRANSPORTATION AND OTHER AMENITIES IN THE AREA? SURE.

YEAH.

THANK YOU FOR THE QUESTION, COMMISSIONER.

UM, I THINK OUR GROUP, THE LONG-RANGE PLANNING TEAM REALLY LOOKED AT, YOU KNOW, OUR JOB IS TO LOOK YEAH, AHEAD AND, AND, AND TRENDS, RIGHT? IT'S TO

[00:35:01]

SEE THAT IN PARTS OF AUSTIN THAT HAVE THESE KIND OF LARGER AREAS.

AND I THINK THAT'S WHAT IS, UM, INTERESTING ABOUT THESE CASES IS THAT THESE ARE BIGGER AREAS, RIGHT? SO LIKE, UM, IT'S EASIER TO KIND OF, KIND OF MAKESHIFT THESE KIND OF LARGER PROJECTS, BUT, UM, IN CERTAIN PARTS OF TOWN, LIKE, LIKE WE MENTIONED BEFORE, ST.

ELMO FOR INSTANCE, UH, WHICH IS CLOSER TO IT'S RIGHT OFF SOUTH CONGRESS AND THERE IS POTENTIAL FOR RAIL IN THE FUTURE THAT MADE SENSE TO TRANSITION FROM INDUSTRY TO, TO MIXED USE.

AND EVEN THEN, I FEEL LIKE AFTER SOME CASES THERE'S INDUSTRY NEW INDUSTRY GOING IN, WHICH IS IF THERE'S NEW INDUSTRY GOING IN THE SURROUNDING USES, UH, THE FIRE DEPARTMENT WON'T ALLOW THOSE.

SO THERE'S KIND OF, THERE IS A WEIRD KIND OF BACK AND FORTH RIGHT NOW WITH THESE AREAS, UM, RIGHT, IN TERMS OF THIS ONE IN SOUTHEAST AUSTIN, UM, WE BELIEVE THAT BECAUSE THE INDUSTRIAL MOSTLY WAREHOUSING IS SO INTENSE THAT IT'S NOT REALLY HOSPITABLE TO PEOPLE LIVING THERE, RIGHT? UM, YEAH, RADIO COFFEE'S GREAT, BUT IF YOU'RE WALKING THERE AND YOU'RE JUST, THERE'S TONS OF TRAFFIC WITH JUST GIANT TRUCKS, I THINK THAT'S THE PROXIMITY TO JUST ALL THESE TRUCKS AND THAT MOVEMENT.

UM, THE FACT THAT THERE'S BUSES, THE FACT THAT THERE IS A TRAIL, THERE WILL BE A BERGSTROM TRAIL, I THINK IS THAT, THAT IS AN AMENITY THAT IS GREAT, BUT PEOPLE THAT WORK IN THOSE INDUSTRIES COULD ALSO TAKE ADVANTAGE OF A TRAIL IN THAT PARTICULAR AREA, I THINK.

UM, AND I ALSO BELIEVE THAT THINKING LONG TERM ABOUT INDUSTRIAL AREAS, BECAUSE THIS ONE IS STILL IN LIKE, UM, MY COLLEAGUE MENTIONED KIND OF INTACT AND YEAH, THERE ARE SOME COMMERCIAL USES AROUND, UM, BUT BECAUSE THESE INDUSTRIAL USES ARE WELCOME THERE BECAUSE THESE WAREHOUSING, UH, USES ARE WELCOME THERE, UM, IT'S SOMETHING TO CONSIDER IN TERMS OF TRYING TO NOT CHANGE THAT SO QUICKLY.

IF WE DECIDE, OR THE COUNCIL MEMBER DECIDES THAT THIS IS AN AREA THAT'S WANTS TO CHANGE, THAT SOMETHING'S HAPPENING HERE, THAT IT SHOULD TRANSITION TO A MORE MIXED USE AREA, THEN IT'S WORTH LOOKING AT.

BUT THIS ISN'T A, UH, YOU KNOW, IMAGINE AUSTIN NEIGHBORHOOD CENTER.

THIS ISN'T IMAGINE AUSTIN JOB CENTER.

SO IF WE'RE TRYING, IF WE'RE TRYING TO WORK WITH NEW DISTRICT PLANS AND REALLY KIND OF HONE IN ON THESE, IMAGINE AUSTIN DISTRICTS AND CORRIDORS, THIS WAS SPECIFICALLY TARGETED AS A JOB CENTER.

UM, AND HAVING THESE TYPES OF WAREHOUSING USES MAKES SENSE HERE, ESPECIALLY NEAR THE AIRPORT, ESPECIALLY HAVING I, UM, THE, THE, UM, BEN WHITE AND ACCESS TO THE AIRPORT, UM, AND HIGHWAYS I 35.

SO IT JUST MAKES SENSE AS LONG RANGE PLANNERS TO THINK ABOUT THIS AS, YEAH, A POTENTIAL PLACE FOR, FOR JOBS.

SORRY FOR GOING, NOT HOUSING NECESSARILY.

THANK YOU.

APPRECIATE IT.

THAT WAS I THINK, A VERY WELL PUT EXPLANATION.

AND SO THAT BRINGS US TO FOUR.

WE HAVE ONE MORE S SLOTT, UM, COMMISSIONER ANDERSON.

SURE.

AND I'M HAPPY TO HAVE GIVEN HALF MY TIME TO THAT.

I JUST SAW THE APPLICANT ON THE EDGE OF A SEAT.

I DON'T KNOW IF YOU WANNA JUMP IN REAL QUICK AND THEN I'M READY TO MAKE A MOTION.

THANK YOU, COMMISSIONER.

UM, I JUST WANNA FOLLOW UP ON THE JOBS QUESTION.

UM, WHEN YOU LOOK AT THIS PROPERTY CURRENTLY, IT PROBABLY HAS MAYBE 10 EMPLOYEES, MAYBE THE RETAIL THAT WILL BE GOING INTO THE PROPERTY WILL HAVE MORE JOBS CREATED THAN THAT.

AND IF INDUSTRIAL WAS THE RIGHT ZONING FOR THIS PROPERTY, YOU WOULD'VE SEEN IT DEVELOP SOMETIME BETWEEN THE 1940S AND TODAY.

AND IT HASN'T HAPPENED.

SO THERE'LL BE A NET JOB CREATION, UH, IN ADDITION TO GREAT HOUSING AT SITE.

AND, AND IS THERE A, IS THERE A HEIGHT LIMIT ISSUE ON THIS PROPERTY OR A CO, UH, TO DO WITH HEIGHT? THERE'S NO CO PROPOSED, BUT WE WILL, WE'LL BE ASKING FOR, WELL, WE ARE ASKING FOR VMU, RIGHT? UM, TO, TO PROVIDE SOME EXTRA HEIGHT AND, AND PROVIDE THAT LEVEL OF AFFORDABILITY.

THERE WAS SOMETHING IN BACKUP ABOUT A 40 FOOT HEIGHT.

WE'RE JUST CURIOUS ABOUT THAT.

OKAY.

I DON'T THINK WE'RE AGREEING TO A 40 FOOT HEIGHT LIMIT.

UNDERSTOOD.

I DON'T THINK WE WANT TO DO THAT.

GREAT.

THANK YOU, .

THANK YOU.

GREAT.

TURN.

READY TO MAKE A MOTION POSSIBLE.

ALL RIGHT.

UH, WE'RE AT, I DID ONE HONOR JUST IF WE HAD, WE ASKED ENOUGH QUESTIONS CAUSE WE DID CUT IT SHORT.

ALL RIGHT.

SEEING NO ADDITIONAL QUESTIONS.

UH, YES, PLEASE, IF YOU HAVE A MOTION, MOVE APPROVAL, MOVE APPROVALS WITH, UH, APPLICANT REQUEST.

ALL RIGHT.

I SEE A SECOND BY, UH, COMMISSIONER MUTO.

ALL RIGHT.

DO YOU WANNA SPEAK TO YOUR MOTION, COMMISSIONER ANDERSON? SURE, SURE.

UH, IT SEEMS REALLY EASY.

IT SEEMS LIKE, UH, NEIGHBORHOODS IN AGREEMENT.

APPLICANT WANTS TO BUILD A LOT OF HOUSING, IT'S UNDERDEVELOPED LAND.

AND, YOU KNOW, THERE THERE'S A LOT OF THINGS AND A LOT OF RULES IN OUR CODE THAT MAKE HOUSING VERY DIFFICULT TO BUILD IN A LOT OF AREAS.

AND SO WE'RE JUST GONNA CONTINUE TO SEE THINGS LIKE THIS.

UM, I HOPE THAT WE DON'T HAVE TO SEE MANY STAFF DISAPPROVALS ON CASES THAT ARE VERY, WHAT FEEL LIKE SLAM DUNK CASES TO ADD A LOT OF HOUSING ON A

[00:40:01]

SPOT THAT BARELY HAS ANY DEVELOPMENT ON IT.

BUT A LOT OF THE AREAS THAT WE HAVE WATCHED TRANSITION FROM INDUSTRIAL TO HOUSING, UM, WE'VE TALKED TO A LOT OF THOSE FOLKS WHO OWN THOSE OLDER SITES.

AND WHAT THEY SAY IS, YOU KNOW, THEY HAVE TO PASS ON THOSE TAXES, THEY HAVE TO PASS ON THE LAND COSTS, AND WHEN COSTS GET OUT OF CONTROL, BECAUSE THERE'S SO MUCH OTHER DEMAND FOR OTHER TYPES OF THINGS TO HAPPEN THERE, YOU USUALLY WATCH THE EVOLUTION OF AN AREA TURN INTO SOMETHING WHICH IS BIGGER AND BETTER, AND THAT THAT'S WHAT WE'RE GONNA LOOK TO DO HERE WITH THIS CASE.

SO EXCITED TO GET 300 HOMES ON THE GROUND WITH A, A LOCAL AUSTIN NIGHT WHO WANTS TO BUILD THESE HOMES.

SO EXCITED TO SEE THIS HAPPEN.

ALL RIGHT.

ANY SPEAKERS AGAINST, UM, I'LL, I'LL SPEAK AGAINST, ALTHOUGH I DO WANNA CLARIFY THAT I PLAN TO VOTE FOR THIS CASE.

, THE REASON I WANNA SPEAK AGAINST IS JUST TO FLAG THAT I THINK THERE ARE SOME VERY REAL THINGS ABOUT STAFF'S CONCERNS.

AND I THINK THERE IS PROBABLY A TOPIC HERE THAT REQUIRES SOME KIND OF A MORE COMPREHENSIVE PLAN, UH, INVOLVING CITY COUNCIL AROUND HOW WE ARE GOING TO PRESERVE INDUSTRIAL ZONED LAND IN THIS CITY.

UM, THE KINDS OF JOBS THAT ARE ACCESSIBLE AND AVAILABLE ON INDUSTRIAL ZONED LAND ARE VERY DIFFERENT FROM SERVICE INDUSTRY JOBS OR RETAIL JOBS, THEIR UNION JOBS, THEIR JOBS WITH BENEFITS, THEIR JOBS THAT ALLOW FOLKS WITH LOWER, UM, LEVELS OF EDUCATION TO ACTUALLY BUILD AND ACCESS SOME AMOUNT OF WEALTH.

AND I THINK THAT WE NEED TO TAKE THAT SERIOUSLY.

I THINK THAT, UM, THAT THIS, THE CA THE CASCADING DOMINO NEIGHBORHOODS OFTEN WANT TO GET ON BOARD SUPPORT REMOVING, UM, INDUSTRIAL ZONED LAND.

BUT RECENTLY, UM, YOU KNOW, LOOKING AT PROJECT CONNECT, WE SEE, UM, RESISTANCE FROM NEIGHBORHOODS AROUND WANTING TO PUT IN A, UH, MAINTENANCE YARD FACILITY FOR THE TRAIN.

AND WE SEE THE WAY IN WHICH, YOU KNOW, THESE, THESE KINDS OF VERY IMPORTANT FUNCTIONING, UM, U USES IN OUR CITY BECOME HARDER AND HARDER TO, TO LOCATE AND PLACE ON THE MAP BECAUSE OF THE TENSION.

UM, AND I ALSO WANT TO ACKNOWLEDGE THAT WE DES DESPERATELY NEED HOUSING, AND THAT IS WHY I WILL VOTE ON THIS FOR THE HOUSING AND FOR THE, THE TRAIL AND CONNECTIVITY.

OKAY.

THANK YOU.

UH, SPEAKERS IN FAVOR? UM, OKAY.

I SEE.

NOPE, I SEE THREE.

THIS IS GONNA BE TOUGH.

UH, LET'S GO AHEAD.

UM, LET'S KIND OF, UH, SECOND.

OKAY.

YEAH, LET'S GO WITH THE SECOND FROM COMMISSIONER MOTO.

THANK YOU.

COMMISSIONER ANDERSON.

THANK YOU CHAIR.

UM, I WANTED TO ECHO COMMISSIONER CONNOLLY'S REMARKS AND THANK STAFF FOR THEIR THOUGHTFUL INPUT ON THIS.

UM, THAT IS, THANK YOU FOR YOUR WORK ON THAT.

AND, AND WE ARE TRYING TO CAREFULLY TAKE THAT INTO CONSIDERATION.

I THINK ONE OF THE THINGS THAT'S DRIVING ME ON THIS SITE IS THAT IT IS UNDEVELOPED AND THAT WE DON'T HAVE KNOWN HAZARDOUS SAFETY CONCERNS OTHER THAN HOW THE TRAFFIC AND THE DEVELOPMENT IS GONNA GO IN THIS AREA IF THERE IS CONTINUED GROWTH.

BUT I THINK AS WE LOOK TO OUR GROWTH PLANNING FOR OUR CITY, THE IDEA OF MIXED USE AND PEOPLE BEING ABLE TO WALK OR BIKE TO WORK, AND WE HAVE SOME GOOD EMPLOYMENT OPPORTUNITIES IN AROUND THE AREA MAY BE REASON FOR US TO RECONSIDER HOW WE'RE DOING IT.

SO INSTEAD OF ZONING OUR INDUSTRIAL OUTSIDE WHERE PEOPLE HAVE TO DRIVE TO GET TO IT, ARE THERE USES THAT WE CAN KEEP CLOSE WHERE PEOPLE CAN GET UP AND WALK THERE, WALK TO THE SCHOOL, JUMP ON THE BIKE TRAIL, THAT KIND OF THING.

SO I THINK IT'S AN INTERESTING OPPORTUNITY AND I'M IN FAVOR OF IT.

OKAY.

UM, I'M GONNA GO AHEAD, UH, THOSE SPEAKING AGAINST A MOTION.

ANY, UH, COMMISSIONER COXS, AND THEN I THANK, I'M GONNA COMMISSION REAL QUICK, UH, COMMISSION VICE CHAIR.

DID YOU HAVE YOUR HAND UP TO SPEAK IN FAVOR? OKAY, YOU'LL GO NEXT.

ALL RIGHT, GO AHEAD.

COMMISSIONER COX.

I'M GONNA, I'M GONNA PULL A COMMISSIONER CONLEY HERE.

UM, AND, AND FIRST OF ALL, THANK COMMISSIONER CONLEY FOR, FOR GIVING ME SOME OF HIS TIME TO FINISH MY QUESTIONING.

UM, I, I'M GONNA HOLD MY NOSE AND VOTE FOR THIS, BUT I, IT IS NOT A SLAM DUNK CASE.

THIS IS NOT STRAIGHTFORWARD, AND I THINK THE STAFF'S CONCERNS ARE VERY REAL, AND I THINK THEY'RE GOING TO, THE REASON THAT THEY'RE CONCERNED IS GONNA COME TO FRUITION.

AND SO BY THIS VOTE, I JUST WANT PEOPLE TO UNDERSTAND THAT WE'RE MAYBE THE DEATH NAIL IN THIS AREA AS INDUSTRIAL HAD ALREADY BEEN RUNG, RANG, WHATEVER THE PROPER TENSE IS.

UM, BUT I THINK THIS IS GONNA ACCELERATE IT.

AND SO I JUST WANNA MAKE A POINT THAT ALL THESE WAREHOUSES THAT, LIKE COMMISSIONER CONLEY SAID, DO, UH, PROVIDE A LOT OF JOBS, UH, BLUE COLLAR JOBS, MAYBE THOSE PEOPLE LIVE IN PLEASANT VALLEY OR MONOLO OR WHATEVER, THOSE ARE GONNA HAVE TO MOVE AWAY BECAUSE A WAREHOUSE DOES NOT MAKE ENOUGH AS MUCH MONEY FROM

[00:45:01]

A DEVELOPER'S PERSPECTIVE AS THIS PROPERTY THAT WE'RE THINKING NOW.

THIS MIX USE DEVELOPMENT IS WAY MORE VALUABLE THAN A LOT OF THOSE WAREHOUSE SITES IN THIS AREA.

SO BY ALLOWING THIS TO BASICALLY POSITION ITSELF RIGHT IN THE MIDDLE OF THIS INTERSECTION OF THIS INDUSTRIAL AREA, WE'RE BASICALLY SAYING THIS IS NO LONGER NEEDS TO BE AN INDUSTRIAL AREA, RESIDENTIAL IS PERFECTLY FINE, AND THAT'S GOING TO ACCELERATE.

THE REASON WHY I'M OKAY SUPPORTING THIS IS, IS PRIMARILY BECAUSE OF A LOT OF COMMISSIONER COX SPACE.

WE'RE, WE'RE OUTTA TIME.

WE NEED TO KEEP TO OUR MINUTES.

UM, SURE.

SORRY.

UH, THOSE SPEAK YOU IN FAVOR OF THIS MOTION, UH, VICE CHAIR HEMPLE.

THAT'S RIGHT.

WE HAD YOU NEXT.

RIGHT.

I JUST, I I WANNA ADD THAT I THINK THE BERGSTROM SPUR TRAIL IS A REALLY IMPORTANT ASPECT OF THIS.

AND WHY ARE WE BUILDING THIS TRAIL AS A CITY IF IT'S NOT GOING TO SEE MUCH USE AND THE PEOPLE THAT ARE GOING TO USE IT ARE LIKELY THOSE THAT ARE GOING TO LIVE NEAR IT, GOING TO DESTINATIONS, AND THERE ARE DESTINATIONS WITHIN THIS AREA, THERE'S A KIPP SCHOOL THAT YOU COULD GO FROM THIS SITE TO THE KIPP SCHOOL ON A TRAIL THAT'S AMAZING IN THIS PART OF THE CITY.

NOT TO MENTION THE CENTRAL TEXAS FOOD BANK IS JUST DOWN THE STREET.

AND YES, IT'S A WAREHOUSE, BUT IT'S ALSO A PLACE WHERE FAMILIES, PEOPLE GO TO PICK UP FOOD THAT ARE IN NEED.

SO I, AND THIS SITE, UM, BY VIRTUE OF ITS SIZE IS SMALL.

YOU LOOK AT THE HUGE WAREHOUSE AREAS AROUND IT, IT, I JUST DON'T SEE IT DEVELOPING INTO THAT OF DEVELOPMENT.

SO I THINK THIS IS AN APPROPRIATE USE.

UM, IT DID THINK THAT, UM, IT TOOK SOME CONVINCING, BUT, UM, I SEE THAT I COULD, IT BEING VIABLE, ESPECIALLY WITH THE IN INVESTMENT THAT THE CITY'S PUTTING THE INFRASTRUCTURE NEARBY.

THANK YOU.

UH, I'M GONNA GO AHEAD AND TAPE THE LAST SPOT.

UM, I READ A STUDY BY, UH, THE STAFF, UM, A WHILE BACK ABOUT THE, HOW WE'RE LOSING, UH, SO MUCH OF OUR INDUSTRIAL, UH, ZONE PROPERTIES.

AND IT WAS ALARMING AND, AND KIND OF, UH, IMPLORING, YOU KNOW, MORE PLANNING TO MAKE SURE THAT WE DON'T LOSE IT.

AND WHAT I HEARD IS THIS IS ONE OF THE LAST AREAS THAT ISN'T KIND OF BEING TURNED OVER.

AND, UM, I THINK THIS WILL SET, UH, SET A PRECEDENCE.

CUZ UNFORTUNATELY, ONCE YOU HAVE RESIDENTS AND YOU DO WANT TO CHANGE YOUR INDUSTRY AND BRING IN, YOU KNOW, CHEMICALS THAT WOULD BE ALLOWED, UH, THEY MAY, YOU KNOW, THAT MAY NOT BE A GOOD IDEA ONCE WE HAVE RESIDENTS CLOSE BY.

SO I THINK WE NEED THESE AREAS THAT ARE IMPORTANT.

UNFORTUNATELY, THE DESPERATE NEED FOR HOUSING IS KIND OF CAUSING US TO, UM, NOT PLAN VERY WELL, UNFORTUNATELY.

SO I WILL ECHO THE WHAT, UH, A LAND CODE, A NEW LAND CODE WOULD BE, I THINK DO A LOT TO PREVENT THIS, UH, THESE KIND OF POOR DECISIONS FROM BEING MADE, UNFORTUNATELY.

SO I'M GONNA VOTE AGAINST THIS, UH, BECAUSE I, I THINK STAFF IS MAKING THE RIGHT CALL IN THIS CASE.

ALL RIGHT, WELL, WITH THAT, DO, UH, THIS IS THE MOTION TO APPROVE THE APPLICANT'S, UH, UM, REQUEST.

AND IT WAS, UH, COMMISSIONER ANDERSON SECONDED BY COMMISSIONER MOOCH TYLER.

CORRECT.

ALL RIGHT.

UM, LET'S GO AND TAKE A VOTE.

THOSE FOUR, IT'S ITEMS FOUR, FIVE, AND SIX.

YEAH, WE'RE COMBINING ALL OF THOSE.

THANK YOU FOR THAT CLARIFICATION.

OKAY, LET'S GO AND SEE THOSE ON FAVOR ON THE DIODES.

PLEASE RAISE YOUR HAND.

OKAY.

UH, THOSE IN FAVOR VIRTUALLY.

OKAY.

THAT'S EVERYONE.

AND THOSE AGAINST THIS MOTION.

I'M THE LOAN PERSON HERE.

I'M VOTING AGAINST IT.

SO THAT IS 12 ONE, IF I'VE GOT MY NUMBERS RIGHT.

11 0, 11, 1 0.

11 ONE.

YEAH.

THANK YOU.

UH, THANK YOU VERY MUCH.

ALL RIGHT.

THAT MOTION PASSES.

ALL RIGHT.

GOING TO MOVE ON TO OUR NEXT

[16. Site Plan - Appeal: SP-2021-028C - 2428 W Ben White Mixed Use Development; District 5]

ITEM, UH, ITEM 16, UH, STAFF.

WE'LL START US OFF.

HEATHER CHAFFIN WITH DEVELOPMENT SERVICES DEPARTMENT.

THIS IS CASE S P 20 21, 0 2 7 8 C.

THE NAME IS 24 28.

24 28.

BEN WHITE BOULEVARD, MIXED USE DEVELOPMENT LOCATED AT THAT ADDRESS.

THE WATERSHEDS ARE BARTON SPRINGS AND WILLIAMSON CREEK.

IT HAS EXISTING CSV ZONING.

THEY'RE PROPOSING A MIXED USE BUILDING.

AND THE APPEAL IS THAT THE APPLICANT IS REQUESTING TO INCREASE NON-COMP COMPLYING IMPERVIOUS COVER USING THE REDEVELOPMENT EXCEPTION WITHIN BOTH OF THOSE WATERSHEDS.

[00:50:04]

GOOD EVENING COMMISSIONERS, KATIE COIN, ENVIRONMENTAL OFFICER AND ASSISTANT DIRECTOR OF WATERSHED PROTECTION.

UH, NICE TO SEE ALL OF Y'ALL AGAIN.

UH, I JUST WANNA MAKE THREE QUICK POINTS AND I'M GONNA HAND IT OVER TO LIZ, OUR DEPUTY ENVIRONMENTAL OFFICER.

FIRST, THIS IS A LITTLE BIT DIFFERENT THAN A LOT OF CASES YOU SEE.

BEFORE YOU WE'RE NOT ASKING YOU IF YOU AGREE WITH THIS OUTCOME, WE'RE ASKING YOU IF I GOT MY DECISION ABOUT HOW CODE IS INTERPRETED WRONG.

THAT'S DIFFERENT.

TWO, UH, WE WANNA MAKE SURE IT'S CLEAR THAT THERE IS A MECHANISM FOR THIS DEVELOPMENT TO MOVE FORWARD.

AND WE'RE UNCLEAR ABOUT WHY THE APPLICANT HAS NOT EXPLORED THAT DESPITE THE FACT THAT WE HAVE OFFERED THIS AS AN OPTION.

UH, THE, A AVENUE IS A SITE SPECIFIC SOS AMENDMENT.

UH, SO JUST WANNA MAKE SURE THAT IS CLEAR.

UH, AND ALSO WANNA MAKE SURE IT'S CLEAR THAT THE WAY WE'VE APPLIED CODE TO THIS CASE IN PARTICULAR IS, IS PRETTY CLEAR WHEN IT COMES TO CODE APPLICATION, AND THERE'S A LOT OF PRECEDENT FOR US APPLYING CODE IN THIS WAY CONSISTENTLY.

AND LIZ WILL OUTLINE THAT IN MORE DETAIL.

BUT WE'RE HERE TO ANSWER ANY QUESTIONS YOU HAVE AFTER OUR PRESENTATION, INCLUDING FOLKS FROM BOTH WATERSHED PROTECTION, DSD AS WELL AS LAW.

SO I'LL HAND IT TO LIZ.

OKAY? THANKS.

ALL RIGHT.

THANK YOU.

UH, KATIE, UH, AND HEATHER, UH, LIZ JOHNSTON.

I'M THE DEPUTY ENVI DEPUTY ENVIRONMENTAL OFFICER WITH THE WATERSHED PROTECTION DEPARTMENT.

LET'S SEE IF I CAN GET THIS THING TO WORK.

NEXT SLIDE.

ALL RIGHT.

SO, UM, AS DISCUSSED, THIS IS AN APPEAL OF A DENIAL OF A SITE PLAN.

UM, UH, BUT BASICALLY WHAT IS AT UNDER DISCUSSION TODAY IS REALLY AN INTERPRETATION FOR OF ONE OF THE COMMENTS, UM, PROVIDED BY THE ENVIRONMENTAL REVIEWER.

UM, AND SO YOU ALL ARE GOING TO BE ACTING AS STAFF IN THIS CAPACITY IN MAKING THE CALL.

DID STAFF MAKE THE RIGHT DE INTERPRETATION? DID IT, DID WE NOT MAKE THE RIGHT DE DETERMINATION? AND, AND, AND SO WHAT I WANNA MAKE SURE IS THAT IT'S, IT'S NOT, UM, AN APPROVAL OR DENIAL OF THE ENTIRE SITE PLAN.

IT'S RELATED TO THE INTERPRETATION OF THE, UM, UM, ITEM AT HAND.

NEXT SLIDE.

ALL RIGHT, SO THIS IS RELATED TO A PROPERTY AT THE NORTHEAST CORNER OF LAMAR AND BEN WHITE.

THERE IS EXISTING DEVELOPMENT TOWARDS THE EAST AND, UM, UNDEVELOPED LAND TO THE WEST AND NORTH.

UM, IT IS, UH, A SITE PLAN UNDER REVIEW FOR MIXED USE DEVELOPMENT.

UM, THE WATERSHEDS ARE SPLIT, UM, BETWEEN THE BARTON CREEK, UH, WATERSHED AND WILLIAMSON CREEK.

UM, BARTON, OF COURSE, IS A BARTON SPRING ZONE.

WILLIAMSON IS SUBURBAN.

UM, IT IS OUTSIDE OF THE EDWARDS AQUIFER RECHARGE ZONE.

NEXT SLIDE.

UM, THIS IS JUST AN IMAGE, GOOGLE STREET VIEW SHOWING THE, UH, BUILDING, IT'S THE OLD STREET MUSIC SITE.

AND THEN, UM, SOME OF THE, UH, LAND THAT, UH, HAD BEEN, UM, UM, ADDED TO THE PARCEL, UH, RELATIVELY RECENTLY TO THE, UH, WEST.

UM, AND IN THE MAP, YOU CAN SEE THE PINK IS THE BURN.

SPRING ZONE BLUE IS THE SUBURBAN WATERSHED REGULATIONS.

NEXT SLIDE.

ALL RIGHT, SO IN THE BARTON SPRING ZONE, UM, THE IMPERVIOUS COVER IS, UH, RESTRICTED TO 20% OF THE NET SIDE AREA.

AND THE WATER QUALITY TREATMENT STANDARD IS NONDEGRADATION.

AND SO THOSE ARE DIFFERENT REQUIREMENTS THAN THE SUBURBAN WATERSHED REGULATIONS ON THE EAST SIDE OF THE PROPERTY.

MIXED USE DEVELOPMENT IN SUBURBAN WATERSHEDS, UM, HAVE, UM, SOMEWHERE BETWEEN 80 AND 60% DEPENDING ON THE RATIO.

AND, UH, THE WATER QUALITY TREATMENT IS THE STANDARD, UM, POND.

NEXT SLIDE.

UM, THE ISSUE AT STAKE IS RELATED TO THE FACT THAT THE APPLICANT IS PROPOSING, UM, ADDITIONAL IMPERVIOUS COVER ON THE BARTON SPRING ZONE SIDE.

AND SO THE IMPERVIOUS COVER INFORMATION THAT WAS PROVIDED BY THE APPLICANT WAS, UM, ACTUALLY BASED ON THE POST-DEVELOPMENT CONDITIONS.

AND I'LL GET INTO THAT A LITTLE BIT LATER.

BUT BASICALLY WHAT IS THAT ISSUE IS THAT THE APPLICANT IS MEETING REQUIREMENTS ON THE SUBURBAN SIDE, BUT NOT THE BARTON SPRING ZONE SIDE.

AND WE'LL TALK MORE LATER.

UM, NEXT SLIDE.

SO BECAUSE THE APPLICANT OR THE, THE PROJECT HAS, UM, EXISTING NON-COMPLIANT DEVELOPMENT ON BOTH SIDES, THE APPLICANT HAS, UH, RE UH, REQUESTED TO BE REVIEWED UNDER THE REDEVELOPMENT EXCEPTIONS.

UM, I SAY EXCEPTIONS BECAUSE THERE ARE TWO, THERE'S ONE FOR THE SUBURBAN WATERSHED, LDC 25,825.

AND THE BARTON SPRING ZONE IS A DIFFERENT SECTION CALLED, UM, UH, L 25,826.

THE REDEVELOPMENT EXCEPTION ALLOWS PROPERTIES THAT DO NOT MEET CODE TO, UM, UH, BE EXEMPT FROM CERTAIN WATERSHED REGULATIONS WITH CERTAIN CONDITIONS.

AND SO THAT IS TO ENCOURAGE REDEVELOPMENT OF PROPERTIES.

AND IN EXCHANGE, WE GET CERTAIN THINGS INCLUDING WATER QUALITY, UM, TREATMENT, WHICH IS DEFINITELY A GOOD THING.

UM, ONE OF THE CONDITIONS OF THE REDEVELOPMENT EXCEPTION IS THAT IMPERVIOUS COVER NOT BE INCREASED WITHIN THE SITE.

STAFF SAYS, YOU KNOW, BECAUSE THERE ARE TWO DIFFERENT WATERSHED REGULATIONS,

[00:55:01]

TWO DIFFERENT REDEVELOPMENT EXCEPTIONS, ONE SECTION OF THE CODE APPLIES IN ONE SECTION AND ONE APPLIES IN THE OTHER.

NEXT SLIDE.

AND THIS IS JUST AN EXAMPLE OF WHAT THE 25 8 25 SAYS.

NEXT SLIDE.

AND THIS IS THE BARTON SPRING ZONE REDEVELOPMENT EXCEPTION.

SO JUST KNOWING THAT ONE IS A LITTLE BIT MORE SIMPLE THAN THE OTHER ONE IS A THROUGH D, AND THIS IS A THROUGH I IN THE CODE.

SO IT'S, IT'S YOU JUST SHOWING THAT YOU CAN'T APPLY ONE IN THE OTHER BECAUSE THEY'RE DIFFERENT, DIFFERENT CODE SECTIONS.

NEXT SLIDE.

AND JUST, THIS IS JUST KIND OF A REITERATING 25 8, 26 A SAYS THAT IN THE CODE, IT SAYS IT APPLIES TO PROPERTY IN THE BARTON SPRING ZONE 25 8 25 A SAYS THAT THE SECTION APPLIES TO PROPERTY LOCATED IN AN URBAN OR SUBURBAN WATERSHED.

SO NEITHER SECTION SAYS THAT IT CAN BE APPLI APPLIED IN EITHER OF THE OTHER LOCATIONS, AND STAFF HAVE ALWAYS LOOKED AT WATERSHED REGULATIONS SEPARATELY.

THIS IS NOT NECESSARILY AN UNCOMMON THING TO HAPPEN.

NEXT SLIDE.

UM, PART OF THE, THE CONFUSION IS, YOU KNOW, WHAT IS THE DEFINITION OF SITE? UM, THE CODE DOES HAVE A DEFINITION.

IT IS A CONTIGUOUS AREA INTENDED FOR DEVELOPMENT OR THE AREA ON WHICH A BUILDING HAS BEEN PROPOSED TO BE BUILT OR HAS BEEN BUILT.

AND THEN THERE'S A DEFINITION OF SITE PLANNING IN CASE IT COMES UP.

NEXT SLIDE.

OKAY.

SO THE APPLICANT IS ASKING FOR STAFF TO SAY THAT WHEN THE REDEVELOPMENT EXCEPTION SAYS YOU MAY NOT INCREASE IMPERVIOUS COVER ON THE SITE, THAT SHOULD MEAN THE PROJECT BOUNDARIES STAFF INTERPRETS SITE, AND AS IT APPLIES TO THE REDEVELOPMENT EXCEPTION TO BE THE LAND WITHIN THAT APPLICABLE WATERSHED REGULATION.

UM, SO APPLICANT IS PROPOSING TO INCREASE IMPERVIOUS COVER ON THE BARTON SPRING ZONE SIDE.

UM, AND SO WHILE IT MEETS THE REDEVELOPMENT EXCEPTION FOR THE SUBURBAN WATERSHED, WE ARE SAYING IT DOES NOT MEET THE REDEVELOPMENT EXCEPTION FOR THE BARTON SPRING ZONE SIDE.

NEXT SLIDE.

UH, ONE OF THE OTHER, UM, ISSUES AT STAKE HERE IS, UH, THE INTUBATION DIVERSION, WHICH, UH, CODE ALLOWS.

SO, UM, YOU CAN, UH, UNDER CODE WITH SOME, UM, UH, WITH LIMITS MOVE PROPERTY FROM ONE REGULATION AREA TO ANOTHER.

SO THEY'RE PROPOSING TO GRADE THE SITE FROM BARTON SPRING ZONE TO SUBURBAN, AND IT, THAT IS ALL CO COMPLIANT.

NEXT SLIDE CAN JUST, I'M ALMOST DONE.

UM, SO IF I CAN FINISH OR, OKAY.

ALL RIGHT.

THANK YOU.

UM, SO REGULATION, SO, UM, SO, UM, UH, SORRY, WHICH IS, WHICH IS FINE, BUT THE ENVIRONMENTAL CRITERIA MANUAL SAYS THAT YOU, UM, AS FAR AS REGULATIONS GO, THE PRE-DEVELOPMENT CONSI CONDITIONS ARE WHAT APPLIES.

AND SO THE APPLICANT HAS PROVO PROVIDED POST-DEVELOPMENT CONDITIONS, SO SHOWING THEIR, THEIR IMPERVIOUS COVER CALCULATIONS SO THAT THEY COMPLY, BUT BASED ON EXISTING CONDITIONS, THEY DON'T.

AND THE ECM IS VERY CLEAR.

NEXT SLIDE.

CONCLUDING UP.

SO THEY'RE PROPOSING TO ADJUST THE WATERSHED BOUNDARY.

THE ECM SAYS THAT, UM, WE MUST LOOK AT APPLICABLE REGULATIONS AS THEY ARE TODAY.

UM, THE REDEVELOPMENT EXCEPTION REQUIRES THAT THE PROJECT NOT INCREASE EXISTING IMPERVIOUS COVER, AND EACH WATERSHED REGULATION AREA MUST MEET CONDITIONS SEPARATELY BASED ON EXISTING CONDITIONS.

AND ONE MORE, I THINK.

ALL RIGHT.

SO THE SAVERS SPRINGS REGULATIONS DON'T ALLOW STAFF DISCRETION.

THERE ARE NO VARIANCES OR WAIVERS BECAUSE THE INTENT OF THAT ORDINANCE IS A HIGHER LEVEL OF PUBLIC INPUT AND SCRUTINY.

UM, SO THE OPTIONS THAT WE BELIEVE THE STAFF HA THE APPLICANT HAS IS TO EITHER REDESIGN OR REQUEST THAT CITY COUNCIL OR THE PLANNING COMMISSION INITIATE A SITE SPECIFIC AMENDMENT TO OUR, UH, THE SAVER SPRINGS INITIATIVE.

YOU HAD ONE ON YOUR, UH, AGENDA EARLIER TODAY.

AND, UM, OUR INTERPRETATION, ENVIRONMENTAL OFFICER INTERPRETATION IS BASED ON THE PLAN LANGUAGE, UM, PAST PRESIDENT AND CLEAR ENVIRONMENTAL CRITERIA, MANUAL GUIDANCE.

AND THAT IS ALL I'VE GOT.

AND WE'RE HERE FOR QUESTIONS, UH, THE APPLICANT.

THANK YOU.

THANK YOU.

UM, DID WE HAVE ANY SPEAKERS ON THIS MR. RIVERA CHAIR? COMMISSION LEAVES ON ANDREW? YES.

I WILL HEAR, UM, FROM, UH, THE APPLICANT.

OH, BESIDES THE APPLICANT, DID WE HAVE ANY YES, WE DO HAVE, WE DO.

OKAY.

ALRIGHT.

RIGHT.

THANK YOU.

MR. ANDERSON, YOU'LL HAVE FIVE MINUTES.

YES.

AND IF YOU, JUST TO BE FAIR, IF YOU NEED A LITTLE EXTRA TIME, WE CAN ALLOW IT.

GIVEN WE GIVE A LITTLE TIME FOR STAFF TO FINISH THEIR EXPLANATION.

UH, MR. CHAIR COMMISSIONERS, I'M STEVE DRER ON BEHALF OF THE APPLICANT, AND, UM, I'M GOING TO, UH, AGREE WITH WHAT YOU'VE HEARD, UH, TO ONE, TO ONE EXTENT.

UH, THE CODE MAKES VERY CLEAR THAT,

[01:00:01]

UH, AS AN APPLICANT, WE HAVE THE RIGHT TO ASK THIS COMMISSION TO REVISIT THIS ISSUE, UH, AND TO MAKE YOUR OWN DETERMINATION ABOUT, UH, THE PROPER READING OF THE CODE.

SO, UM, LET ME HIT THE NEXT SLIDE.

UH, YOU ARE AWARE NOW OF WHERE WE ARE.

NEXT SLIDE PLEASE.

SO, UH, WHY ARE WE HERE? WELL, UM, WE'RE HERE BECAUSE WE HAVE THE RIGHT TO ASK YOU FOR THIS DECISION.

WHAT IS AT STAKE? UH, AS YOU'LL SEE, THIS IS A POSITION THAT THE STAFF HAS REVERSED ITSELF ON AFTER 15 MONTHS OF DESIGN AND PROCESS.

SO WE DIDN'T START THIS PROCESS WITHOUT HAVING THESE CONVERSATIONS.

WE GOT CLEAR DIRECTION ON WHAT THE STAFF WOULD APPROVE, AND NOW THEY ARE REVERSING THEMSELVES WHAT IS AT RISK, TWO AND A HALF MILLION DOLLARS IN PLANS.

SO IT'S EASY FOR THE STAFF TO SAY, WELL, JUST REDESIGN.

WELL, THAT'S ANOTHER 12 MONTHS AT LEAST, AND ANOTHER TWO AND A HALF MILLION DOLLARS IN PLANS.

THE, THE PROJECT CANNOT ABSORB THAT.

WE'VE BEEN IN THIS PROCESS FOR 20 MONTHS.

AND WHAT IS LITERALLY AT RISK OF THE 319 MULTI-FAMILY UNITS THAT ARE PLANNED FOR THIS AREA, 10% OF THOSE WOULD BE AT 60% OF MFI.

WHAT STAFF DID NOT MENTION IS THE WATER QUALITY PROPOSED HERE IS THE MOST, UH, STRICT WATER QUALITY.

IT COMPLIES WITH THE SOS ORDINANCE.

SO THIS IS NOT A CASE WHERE WE'RE ASKING FOR SOMETHING THAT WOULD DEC WOULD DEGRADE THE ENVIRONMENT.

IT'S THE FLIP SIDE.

THERE IS NO WATER QUALITY ON THAT SITE TODAY.

AND WHAT WE'RE PROPOSING IS AN OVERALL REDUCTION OF IMPERVIOUS COVER AND 100% SOS COMPLIANT WATER QUALITY CONTROLS.

STAFF DID NOT MENTION THAT.

NEXT SLIDE, PLEASE.

YOU'VE SEEN THIS LANGUAGE AND THIS, AND THE STAFF WOULD LIKE YOU TO IGNORE THE FACT THAT THE LANGUAGE IS RELATIVELY CLEAR TO ME.

UH, SOME 20 YEARS AGO, I DRAFTED THE REDEVELOPMENT ORDINANCE FOR THE BARTON SPRINGS ZONE FOR MAYOR LEFFINGWELL.

UH, IT WAS CLEAR