* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:07] GETTING STARTED. UH, THIS IS JULY 11TH, 2023. PLANNING COMMISSION MEETING. IT IS 6 0 9. BRINGING THIS MEETING TO ORDER. UH, WE WILL START WITH A, UH, WE HAVE QUORUM, SO WE'RE GONNA START WITH A ROLL CALL. UH, IT'S A GOOD NIGHT TONIGHT WE HAVE, UH, 12 TO 13 OF US. SO WE'LL GO AHEAD AND, AND, UM, START WITH ROLL CALL. I'LL START WITH MY, UH, THOSE ON MY LEFT AND WE'LL START WITH, UM, COMMISSIONER WOODS HERE. AND WE'VE GOT COMMISSIONER MAXWELL HERE, AND THEN YOUR CHAIR, CHAIR SHAW. AND TO MY RIGHT, WE HAVE COMMISSIONER ANDERSON HERE. UH, LEMME SEE AROUND. YEP. COMMISSIONER CONLEY HERE AND COMMISSIONER AZAR HERE. THEN GOING IN THE ORDER. I SEE YOU GUYS ON THE SCREEN. UH, WE HAVE COMMISSIONER HOWARD HERE. COMMISSIONER HAYNES HERE. COMMISSIONER MUSH TALLER HERE. AND WE HAVE VICE CHAIR HEMPLE HERE. COMMISSIONER COX HERE, AND COMMISSIONER VATA RAMIREZ HERE. OKAY, SO LIKE I SAID, THAT'S 12. UM, WE'RE STILL WAITING. WE SHOULD HEAR SOON ABOUT OUR LAST COMMISSIONER TO FILL OUR, GET US TO 13. UH, BUT NEXT, UH, JUST WANT TO GO THROUGH, UH, ALSO RECOGNIZE TONIGHT AS MOST NIGHTS, WE HAVE OUR EXOFFICIO, UH, THE FROM BOARD OF ADJUSTMENTS CHAIR COHEN, THANK YOU FOR COMING AGAIN. AND, UH, SO THIS IS A HYBRID MEETING. WE HAVE PARTICIPANTS OUT THERE IN THE AUDIENCE AS WELL AS CALLING IN. AND, UM, AS WE GO THROUGH THE ITEMS, WE'RE GONNA GO THROUGH THE CONSENT AGENDA AND WE'LL DISCUSS THE ORDER OF THE ITEMS. WE'LL TAKE UP FOR DISCUSSION. AND THEN IF YOU'RE NOT THE FIRST, UH, YOU CAN WAIT IN THE ATRIUM IF YOU WISH, OR HERE, UH, BUT ABOUT 15 MINUTES OUT FROM THE ITEM, YOU'LL GET A, UH, IF YOU SIGNED UP TO SPEAK, YOU'LL GET AN EMAIL, UM, FROM STAFF LETTING YOU KNOW WE'RE, UH, GETTING READY TO TAKE UP YOUR ITEM. UM, LOOKING AT THE, KIND OF HOW WE PROGRESSED THIS EVENING, UM, I, HEY, WE'LL TAKE A BREAK, UH, JUST BEFORE THE UL TURF CASE, JUST A FIVE TO 10 MINUTE BREAK, AND THEN WE'LL JUMP INTO THAT ONE. WE HAVE SEVERAL SPEAKERS, UH, SO THAT ONE MAY TAKE A WHILE. UM, BUT WITH THAT, UH, WE'RE GONNA GO AHEAD AND HAVE THE VICE CHAIR'S GONNA HELP ME AS AND DO THE READING OF THE, UH, CONSENT AGENDA. AND THEN WE'LL GO AHEAD AND SEE, UH, FINALIZE OUR DISCUSSION CASES. AND THEN, UM, WE'LL GO AHEAD AND MOVE IN DISCUSSION. AND JUST BEFORE I GETTING AHEAD OF MYSELF HERE, WE DO HAVE APPROVAL OF [APPROVAL OF MINUTES] THE MINUTES, UH, IF ANY COMMISSIONERS HAVE, UM, ANY CHANGES TO THE, UH, MINUTES FROM JUNE 27TH, 2023. ALL RIGHT. WE'LL GO AHEAD AND ROLL THOSE INTO THE, UH, CONSENT AGENDA THEN. UH, VICE CHAIR, YOU WANNA KICK US OFF? SURE. CHAIR. UM, ALL RIGHT. ITEM TWO PLAN [2. Plan Amendment: NPA-2023-0030.01.SH - Mission South; District 2] AMENDMENT. THAT'S NPA 2023 DASH 0 0 3 0 0 1 SH MISSION SOUTH. THAT IS UP FOR STAFF POSTPONEMENT TO AUGUST 8TH. NUMBER THREE, [3. Rezoning: C14-2023-0007.SH - Mission South; District 2] REZONING C 14 DASH 2023 DASH 0 0 7 SH. MISSION SOUTH. THAT IS UP FOR STAFF POSTPONEMENT TO AUGUST 8TH. NUMBER [4. Plan Amendment: NPA-2023-0016.01.SH - LIfeworks III at Tillery; District 3] FOUR, PLAN AMENDMENT NPA DASH 2023 DASH 0 6 0 1 SH LIFE WORKS THREE AT TILLERY. THAT IS UP FOR STAFF POSTPONEMENT TO AUGUST 22ND. NUMBER FIVE, [5. Rezoning: C14-2023-0018.SH - LIfeworks III at Tillery; District 3] REZONING C 14 DASH 2023 DASH 18 SH LIFEWORKS. THREE TILLERY IS UP FOR STAFF POSTPONEMENT TO AUGUST 22ND. [6. Plan Amendment: NPA-2023-0018.04 - 7009 Guadalupe ST- NPA; District 4] ITEM SIX, PLAN AMENDMENT NPA DASH 2023 DASH 0 1 8 0.0 4 7 7 0 0 9 GUADALUPE STREET AND PA THAT IS UP FOR DISCUSSION. ITEM [7. Rezoning: C14-2023-0029 - 7009 Guadalupe ST- Rezoning] SEVEN, REZONING C 14 DASH 2023 DASH 0 0 29 70 0 9 GUADALUPE STREET. THAT IS UP FOR DISCUSSION. ITEM EIGHT, [8. Plan Amendment: NPA-2021-0025.01 - Greystar 290 NPA; District 8] PLAN AMENDMENT N P A DASH 2021 DASH 0 2 5 0.01. GRAY STAR TWO 90 N P A IS ON FOR CONSENT. NUMBER NINE, [9. Restrictive Covenant Amendment: C14-85-288.79(RCA) - Greystar 290; District 8] RESTRICTIVE COVENANT AMENDMENT C 14 DASH 85 DASH 28 8 0.79. GRAYSTAR TWO 90 IS OFFERED FOR CONSENT. [10. Rezoning: C14-2022-0160 - Greystar 290; District 8] NUMBER 10, REZONING C 14 DASH 2022 [00:05:01] DASH 0 1 6 GRAYSTAR TWO 90 IS OFFERED FOR CONSENT. NUMBER [11. Rezoning: C14-2023-0026 - Life Storage; District 4] 11, REZONING C 14 DASH 2023 DASH 0 26. LIFE STORAGE IS UP FOR DISCUSSION NUMBER 12, [12. Rezoning: C14-2023-0023 - W 5th Street Bank] REZONING C 14 DASH 2023 DASH 0 0 2 3 WEST FIFTH STREET BANK IS UP FOR CONSENT. NUMBER [13. Rezoning: C14-2023-0022 - Tannehill Residences] 13, REZONING C 14 DASH 2023 DASH 0 22. TANA HILL RESIDENCES OFFERED FOR CONSENT. NUMBER [14. Rezoning: C814-06-0106.03 - Hyatt West; District 9] 14, REZONING C EIGHT 14 DASH ZERO SIX DASH 0 1 0 6 DASH ZERO THREE HYATT WEST IS UP FOR STAFF POSTPONEMENT TO AUGUST 8TH. [15. Site Plan- EV Variance: SP-2021-0091C - Oltorf Site Plan; District 3] NUMBER 15, SITE PLAN ENVIRONMENTAL VARIANCE, UM, EV VARIANCE SP DASH 2021 DASH 0 91 C ALWAR SITE PLAN WILL BE UP FOR DISCUSSION NUMBER [16. Site Plan Extension: SP-2015-0543C(XT2) - Green Pastures; District 3] 16. SITE PLAN EXTENSION SP DASH 2015 DASH 0 5 4 3 C X T TWO GREEN PASTURES IS OFFERED FOR STAFF POSTPONEMENT TO JULY 25TH. [17. Site Plan Extension: SPC-2014-0442C(XT3) - Sunset Ridge; District 8] SITE PLAN EXTENSION S PC DASH 2014 DASH 4 42 C X T THREE IS SUNSET RIDGE OFFERED FOR CONSENT. NUMBER [18. Code Amendment: C20-2022-009 - Sixth St Height Exception and Design Standards] 18, CODE AMENDMENT C 20 DASH 2022 DASH 0 0 9 SIXTH STREET, HEIGHT EXCEPTION AND DESIGN STANDARDS IS OFFERED FOR CONSENT AND CHAIR SHAW IS GOING TO OFFER AN AMENDMENT TO INCLUDE THE HISTORIC LAND COMMISSION. RECOMMENDATIONS NUMBER [19. Imagine Austin Amendment: Austin Strategic Mobility Plan Update] 19, IMAGINE AUSTIN AMENDMENT. THE AUSTIN STRATEGIC MOBILITY PLAN UPDATE WILL BE POSTPONED BY THE PLANNING COMMISSION TO JULY 25TH. NUMBER [20. Imagine Austin Amendment: Palm District Plan] 20, THE IMAGINE AUSTIN AMENDMENT, WHICH IS THE PALM DISTRICT PLAN, IS OFFERED FOR POSTPONEMENT TO JULY 25TH BY THE PLANNING COMMISSION. AND FINALLY, NUMBER 21, [21. Code Amendment: C20-2022-020A - Site Plan Lite Part 1] CODE AMENDMENT C 20 DASH 2022. A SITE PLAN LIGHT PART ONE IS OFFERED FOR CONSENT. AND THAT CONCLUDES THE CONSENT AGENDA. OKAY. JUST, UH, CONFIRMING ON, UH, ITEM 18, UH, MR. RIVERA, THE, THAT SHOULD READ WITH EXHIBIT A AND, UH, WITH ONLY THE, UH, FIRST CONDITION BEING ON CONSENT AND REMOVING THE SECOND AND THIRD CONDITION. CORRECT. OKAY. THANK YOU, CHAIR. WE ALSO HAVE SPEAKERS IF YOU WANNA HEAR FROM THAT AT THIS TIME. YES. LET'S GO AHEAD AND TAKE UP THE SPEAKERS AND THEN I'LL SEE IF THERE'S ANY, UH, UH, ABSTENTIONS. OKAY. FIRST WE'LL HEAR FROM MS. KALE CHAIR HOW MS. KING, UH, PROCEED. FIRST, HELLO COMMISSIONERS. UM, MY NAME IS MEGAN KING. I'M THE POLICY AND OUTREACH PLANNER FOR PRESERVATION AUSTIN. UM, THANK YOU FOR YOUR TIME TODAY. UM, I'M HERE TODAY TO SPEAK ON BEHALF OF PRESERVATION AUSTIN. IN RESPONSE TO THE EAST SIXTH STREET CODE AMENDMENTS LAST YEAR, UM, COUNCIL GRANTED STREAM REALTY A HUNDRED FOOT BUILDABLE HEIGHT ENTITLEMENT, UH, TO REDEVELOP THE 500 AND 600 BLOCKS OF THE SIXTH STREET NATIONAL REGISTER. DISTRICT PRESERVATION. AUSTIN HAS BEEN AND REMAINS DEEPLY CONCERNED WITH SETTING A PRECEDENT FOR INCREASING THE ALLOWABLE HEIGHT FOR NEW CONSTRUCTION LOCATED IN THIS DISTRICT FOR DECADES. THE PECAN STREET OVERLAY HAS CONTRIBUTED TO THE PROTECTION OF THIS DISTRICT BY LIMITING THE ALLOWABLE HEIGHT OF NEW CONSTRUCTION TO 45 FEET. AMENDING THE OVERLAY FOR THESE SELECT BLOCKS EXPOSES THE ENTIRETY OF THE DISTRICT TO GREAT RISK FOR FUTURE CODE AMENDMENTS AND REDEVELOPMENT. BY SETTING THIS PRECEDENT, GIVEN COUNCIL'S EXTRAORDINARY RESOLUTION TO INCREASE ENTITLEMENTS ON THESE TWO BLOCKS, WE ARE PLEASED TO SEE THAT THE DESIGN STANDARDS PROPOSED BY STAFF FOR THESE BLOCKS ARE IN CLOSE ALIGNMENT WITH THE CITY OF AUSTIN'S HISTORIC DESIGN STANDARDS. WHILE THE NEW ALLOWABLE HEIGHT OF 140 FEET WILL GENERATE DEVELOPMENT THAT IS INHERENTLY INCOMPATIBLE WITH THE DISTRICT, WE WELCOME THE ADDITIONAL OVERSIGHT FOR REVIEW OF PROJECTS BY THE CITY THAT THE STANDARDS PROVIDE. IT IS IMPORTANT TO STRESS THAT OUTSIDE THE HEIGHT RESTRICTIONS PRESCRIBED IN THE OVERLAY, THE DISTRICT'S STATUS AS A NATIONAL REGISTER DISTRICT DOES NOT PROVIDE PROTECTION FROM DEMOLITION FOR CONTRIBUTING BUILDINGS, NOR DOES IT PROVIDE ANYTHING GREATER THAN ADVISORY REVIEW BY THE HISTORIC LANDMARK COMMISSION FOR NEW DEVELOPMENT IN THE DISTRICT. WE SUPPORT THE COMMISSION'S INCLUSION OF THE LCS RECOMMENDATION IN THEIR VOTE TONIGHT. WE ESPECIALLY WANT TO STRESS OUR SUPPORT FOR ESTABLISHING LEGALLY BINDING OVERSIGHT FOR ALTERATIONS AND NEW ADDITIONS TO CONTRIBUTING STRUCTURES ON THIS BLOCK IN EXCHANGE FOR THE MASSIVE ENTITLEMENTS BEING GRANTED TO STREAM. WE BELIEVE THIS LEVEL OF OVERSIGHT BY THE CITY IS BOTH NECESSARY AND REASONABLE. UH, WE STRONGLY BELIEVE THAT DISTRICT-WIDE HISTORIC ZONING IS THE NEXT LOGICAL STEP IN CREATING A VITAL, [00:10:01] COHESIVE VISION FOR THE FUTURE OF EAST SIXTH STREET. AND WE STRONGLY URGE THIS BODY AND COUNCIL TO SUPPORT DESIGNATING THE DISTRICT AS A LOCAL HISTORIC DISTRICT TO ENSURE THAT PIECEMEAL CODE AMENDMENTS DO NOT CONTINUE TO CHIP AWAY AT ONE OF AUSTIN'S MOST HISTORIC AND CULTURALLY SIGNIFICANT DISTRICTS. UM, I'LL NOW PASS THINGS OFF TO MY COLLEAGUE MARY KALE, WHO WILL SPEAK TO THAT CULTURAL AND HISTORIC SIGNIFICANCE. OKAY, GREAT. ALL RIGHT. UM, I'M MARY KALE, A RECENT GRADUATE IN THE PUBLIC HISTORY PROGRAM AT TEXAS STATE, AND CURRENTLY CHAIR OF, UM, PRESERVATION AUSTIN ADVOCACY COMMITTEE. I ALSO HOLD AN MBA FROM UT AUSTIN, AND, UH, THAT'S FROM THE LATE EIGHTIES. AND I HAD A SUMMER JOB WITH A REAL ESTATE COMPANY IN DOWNTOWN HOUSTON WHEN I WAS AN UNDERGRAD. I LEAD SEVERAL CITY AND STATE LEVEL ORAL HISTORY ORGANIZATIONS, AND I'M THE LONGEST SERVING VOLUNTEER TUTOR AT, UM, FOUNDATION COMMUNITIES. I'M HERE TONIGHT TO TALK ABOUT THE TREMENDOUS CHANGES TAKING PLACE ON EAST SIXTH AND TO REMIND US THAT IT'S THE RESPONSIBILITY OF ALL OF US TO HONOR AND PRESERVE THE HISTORY OF THE AREA. WE'RE HERE TONIGHT TO ASK THAT STREAM REALTY DO. ITS PART IN TELLING THE FULL STORY, UM, UH, INCLUDING UPDATING THE NATIONAL REGISTER DISTRICT APPLICATION AND INVESTING IN INTERPRETIVE SIGNAGE THROUGHOUT THE DISTRICT SO THAT THE THOUSANDS OF VISITORS TO E SIX WILL KNOW THE STORIES OF THE SPECIAL PLACE. JUST A QUICK OVERVIEW OF THIS IS JUST A SLIVER OF THE HISTORY OF THIS AREA. UM, YOU'LL SEE ON THE SLIDE DR. UM, EVERETT GIBBONS, ONE OF AUSTIN'S FIRST BLACK DENTISTS. UM, HE WAS A WORLD WAR I VETERAN. HE PUSHED FOR EQUAL RIGHTS AND OPPORTUNITIES FOR AFRICAN-AMERICANS IN AUSTIN. HE OPENED THE LYRIC THEATER AT FOUR 19 EAST SIXTH, WHERE AUSTINITES COULD WATCH MOVIES WITH HIS DENTAL PRACTICE UPSTAIRS, HE FOUGHT FOR PLAYGROUND EQUIPMENT, BETTER STREETS, PARKS, BUS SERVICES, AND BRIDGES TO CONNECT EAST AUSTIN ACROSS I 35, HE PUSHED FOR HIRING BLACK DEPUTIES AND TO GET MORE EQUITABLE POLICING, AND HE GOT THE CITY TO HIRE ITS FIRST BLACK FIREFIGHTERS. THE NEXT PERSON IS DR. ALBERTO GARCIA, WHO OPENED A PRIVATE PRACTICE AT 2 0 9 EAST SIX. THE FIRST US TRAINED MEXICAN-AMERICAN PHYSICIAN TO PRACTICE IN AUSTIN. HE ENROLLED IN UT SCHOOL OF JOURNALISM IN 1918, AND HE AND HIS WIFE AVA, PUBLISHED THE FIRST SPANISH LANGUISH NEWSPAPER IN AUSTIN LAGUARDIA. UH, THEY SPOKE OUT AGAINST SEGREGATION AND EVA, ALMOST A SINGLEHANDEDLY DESEGREGATED STACY POOLE PARK. THEY WERE EARLY PROPONENTS OF THE RIGHTS OF MEXICAN IMMIGRANTS. I URGE YOU TO, UM, UM, KEEP THIS IN MIND AND WE ASK THAT STREAM DO IT'S PART TO UPDATE THE NATIONAL REGISTER DOCUMENT, AND I APOLOGIZE FOR GOING OVER AND PUTTING AN APPROPRIATE INTERPRETIVE SIGNAGE. THANK YOU VERY MUCH. THANK YOU. UM, JUST FOR, UH, MR. RIVERA'S STAFF, UM, THE TWO H L C, UM, CONDITIONS THAT WE ARE LEAVING OUT, COULD YOU JUST FOR THE PUBLIC HERE, JUST GO OVER WHY THOSE ARE BEING REMOVED? THANK YOU, CHAIR. I AM MS. GUY CONTRERAS, WHO WILL SPEAK TO THOSE TWO ITEMS. THANK YOU. CHAIR CALLEN CONTRERAS PLANNING DEPARTMENT. UM, THE TWO OR THE THREE, UH, CONDITIONS PROPOSED BY THE HISTORIC LANDMARK COMMISSION. IN ADDITION TO, UM, THE STAFF RECOMMENDATION WERE FIRST THE RETENTION OF THE FIRST 15 FEET OF CONTRIBUTING BUILDINGS FACADES, UM, SECOND REQUIRING A CERTIFICATE OF APPROPRIATENESS FOR CHANGES TO CONTRIBUTING BUILDINGS. AND THIRD, A REQUEST, UM, THAT COUNSEL CONSIDER THE FEASIBILITY OF TAX CAPS IN THE AREA AFFECTED TO AVOID DISPLACEMENT OF LEGACY BUSINESSES. SO WE'RE, UH, THE LAST TWO, UM, WE ARE REMOVING. SO I WAS JUST TRYING TO UNDERSTAND, UH, THE JUSTIFICATION FOR TAKING THOSE OUT. UM, ONE I BELIEVE WAS, UH, IT WAS, YOU'RE ASKING FOR COUNSEL TO DO SOMETHING AND THAT'S OUTSIDE OF OUR PURVIEW. BUT THE SECOND ONE, UH, COULD YOU MAYBE BRIEF ME ON WHY THAT ONE WE'RE PULLING OUT OF THE CONDITION? UH, CERTAINLY CHAIR, UM, THIS, UM, CERTIFICATE OF APPROPRIATENESS IS THE USUAL MECHANISM FOR ROUTING PROJECTS, UH, ON WITH HISTORIC PROPERTIES TO THE HISTORIC PRESERVATION OFFICE AND HISTORIC LANDMARK COMMISSION. UM, BUT HOW THIS IS WRITTEN, UM, THESE PROPERTIES WILL STILL BE REVIEWED AGAINST THE DESIGN STANDARDS, UM, AS A REQUIREMENT. AND ITEMS THAT DON'T MEET THE DESIGN STANDARDS, UH, WILL STILL NEED TO GO TO THE LANDMARK COMMISSION FOR APPROVAL, UH, AS WELL AS DEMOLITION OF CONTRIBUTING BUILDINGS. SO, UM, IT'S A, IT'S A NAMING, IS IT, IS IT JUST NOT NEEDED? IS THAT CORRECT? OKAY. BECAUSE THAT'S ALREADY THE PROCESS. THAT'S CORRECT. OKAY. ALL RIGHT. THANK YOU. I JUST WANTED TO MAKE CLEAR CUZ WE WERE THE SPEAKERS WERE TALKING ABOUT, UH, INCLUDING THOSE EXCEPTIONS, BUT WE DID TAKE OUT TWO OF THE, TWO OF THE CONDITIONS, SO ANYWAY. SURE. THANK, THANK [00:15:01] YOU CHAIR. THANK YOU. ALL RIGHT. UM, ALL RIGHT. ANY QUESTIONS ON OUR CONSENT AGENDA? ANY RECUSALS, UH, THIS EVENING? ALL RIGHT, SEEING NONE. UM, LET'S GO TO, UH, DO I HAVE A MOTION TO PASS THE, UH, CONSENT AGENDA, UH, INCLUDING THE, UH, MINUTES FROM OUR LAST MEETING? MOTION, UH, COMMISSIONER CONLEY, SECONDED BY VICE CHAIR HEMPEL. AND I'LL JUST ASK, ARE THERE ANY OBJECTIONS TO SENT AGENDA? MOTION CHAIR, COMMISSIONER ZA I AND I CLOSED THE PUBLIC HEARINGS, OR APPROPRIATE, SAY IT AGAIN. CLOSE THE PUBLIC HEARINGS OR APPROPRIATE CLOSING CLOSE THE PUBLIC HEARINGS. YES, WE ARE CLOSING. I JUST AWARE. APPROPRIATE I DIDN'T UNDER . OKAY. ALL RIGHT. YES, WE'RE CLOSING THE PUBLIC HEARING. OKAY. ALL RIGHT. THAT PASSES. UM, NO OBJECTION. ALL RIGHT. UH, LET'S GO AHEAD AND HEAR OUR FIRST ITEM THIS EVENING, WHICH IS, UH, CASE NUMBER, UH, WE'RE GONNA TAKE UP SIX AND SEVEN TOGETHER BOTH THE PLAN AMENDMENT AND THE REZONING. UM, AND SO STAFF WILL GIVE AN UPDATE ON THIS. TWO ITEMS. MARIE MEREDITH, PLANNING DEPARTMENT. ITEM NUMBER SIX IS PLAN AMENDMENT NPA 20 23 0 0 1 8 0.0 1 7 0 0 9. GUADALUPE STREET PR PROPERTY IS LOCATED AT 7 0 0 9. GUADALUPE STREET IS LOCATED IN THE BRENTWOOD HIGHLAND COMBINED NEIGHBORHOOD PLANNING AREA. THE HIGHLAND, UH, AREA OF THE COMBINED PLAN. THE REQUEST IS TO CHANGE OF FUTURE LAND USE MATT FROM HIGH DENSITY SINGLE FAMILY TO MULTIFAMILY RESIDENTIAL LAND USE. IT IS RECOMMENDED BY STAFF, AND WE HAVE NOT RECEIVED A LETTER OF RECOMMENDATION FROM THE HIGHLAND NEIGHBORHOOD PLAN CONTACT TEAM. GOOD EVENING COMMISSIONERS. I'M SHERRY TIS WITH THE PLANNING DEPARTMENT, AND THIS IS THE ASSOCIATED ZONING CASE, WHICH IS CASE C 14 20 20 3029, WHICH IS AGAIN AT 7,009 GUADALUPE STREET. THE REQUEST IS FROM SF SIX MP ZONING TO MF TWO NP ZONING. THE STAFF'S RECOMMENDATION IS TO GRANT MUL MULTIFAMILY RESIDENCE, LOW DENSITY NEIGHBORHOOD PLAN, MF TWO NP DISTRICT ZONING. THE SUBJECT TRACK IS DEVELOPED WITH ONE DUPLEX AND A 75 FOOT WIDE LOT, AND IS LOCATED ON THE EAST SIDE OF GUADALUPE STREET AT ITS INTERSECTION WITH JUANI DRIVE AND IS ZONED CURRENTLY SS SIX NP. THERE IS AN APARTMENT TO THE NORTH AND A TRIPLEX TO THE SOUTH THAT ARE BOTH ZONED MF TWO NP AND A PARK WITH A SOFTBALL FIELD TO THE EAST. THAT IS ZONED P AND P. THE PROPERTIES TO THE WEST ACROSS GUADALUPE STREET ARE LOCATED ALONG THE EASTERN BOUNDARY OF THE LAMAR JUSTIN LANE POD, WHICH CONTAINS A LARGE, A RANGE OF RESIDENTIAL USES, INCLUDING SINGLE FAMILY RESIDENCES, DUPLEXES, AND APARTMENTS. THE ZONING FOR THAT IS T O D N P AND DESIGNATION IS MEDIUM DENSITY RESIDENCE. FOR THOSE DEVELOPMENTS, THE APPLICANT IN THIS CASE IS REQUESTING MF TWO ZONING TO COMBINE COMBINING DISTRICT ZONING IN ORDER TO BUILD ADDITIONAL RESIDENTIAL UNITS ON THIS PROPERTY. THE STAFF'S RECOMMENDATION IS THIS FOLLOWS THE PROPOSED ZONING SHOULD BE CONSISTENT WITH THE PURPOSE STATEMENT OF THE DISTRICT SOUGHT. THE MF TWO ZONING DISTRICT IS APPROPRIATE FOR MULTIFAMILY RESIDENTIAL AREAS LOCATED NEAR SINGLE FAMILY NEIGHBORHOODS, OR IN AN AREA WHICH IS LOW DENSITY, SINGLE FAMILY OR MULTIFAMILY RESIDENTIAL USE IS DESIRED. THE STAFF ALSO RECOMMENDS THE ZONING BECAUSE ZONING CHANGES SHOULD PROMOTE COMPATIBILITY WITH ADJACENT AND NEARBY USES. THE STAFF RECOMMENDS MF TWO MP ZONING FOR THIS PROPERTY BASED ON THE FOLLOWING CONSIDERATIONS, THE LOCATION OF THE PROPERTY ON GUADALUPE STREET, A COLLECTOR STREET, TWO, IT IS SUITABLE FOR ADDITIONAL RESIDENTIAL DEVELOPMENT. THREE, IT WOULD BE CONSISTENT WITH THE DEVELOPMENT TO THE NORTH AND SOUTH COMPATIBLE WITH THE RESIDENTIAL USE IS PERMITTED IN THE TODD TO THE WEST. AND FOUR, IT IS A REASONABLE LOCATION FOR PARCELS DEVELOPED AND TO BE DEVELOPED AND REDEVELOPED AS A RESIDENTIAL INFILL, AS THE PROPERTY IS LOCATED ON A CAPITAL BUS ROUTE, WHICH IS 9 3 24. AND SO I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE. THANK YOU. THANK YOU, CHAIR. WE'LL NOW HEAR FROM THE APPLICANT, UH, MS. CRYSTAL LE, I, WE HAVE A PRESENTATION AS WELL, MS. LEIS, IF YOU'LL SELECT STAR SIX AND PROCEED WITH YOUR REMARKS. [00:20:04] MS. SALINAS, DID YOU ALL SELECT STAR SIX? HI, MY NAME IS CRYSTALS. I AM A PERMIT COORDINATOR WITH PERMIT SOLUTIONS. THE PROPERTY OWNER, JULIAN PARTRIDGE AND I ARE THE APPLICANT'S APPLICANTS TO AGENDA ITEMS NUMBER SIX AND SEVEN FOR PROPERTY 7 0 0 9 GUADALUPE STREET. MISS, JUST RUN THROUGH YOUR PRESENTATION PLEASE. SORRY, THE, THERE WE GO. I THINK THE SLIDE SLIDE NUMBER ONE, GO TO THE NEXT SLIDE. NUMBER TWO. SO I WANNA COVER BOTH ITEMS. THE TWO APPLICATIONS SUBMITTED. UH, NUMBER ITEM NUMBER SIX, THE NEIGHBORHOOD PLAN AMENDMENT, AND ITEM NUMBER SEVEN OF THE REZONING CASE. THE PROPERTY HAS BEEN REZO OR HAS BEEN ZONED AS AN S OF SIX FOR MORE THAN 25 YEARS, WHICH ALLOWED FOR, ITS AN EXISTING DUPLEX FOR ONE TWO FAMILIES FOR THE PROPERTY. BOTH APPLICATIONS WERE SUBMITTED TO REQUEST A CHANGE IN THE NEIGHBORHOOD PLAN AMENDMENT TO MULTIFAMILY RESIDENTIAL AND THE REZONING REQUEST FOR AN MF TWO. AS FOR SLIDE NUMBER THREE, AS MENTIONED, THE PROPERTY IS CURRENTLY ZONED AS AN SF SIX. THE NEIGHBORING LOT 71 0 1 GUADALUPE STREET HAS AN EXISTING ZONING, UM, MF TWO. WE UNDERSTAND THAT DEVELOPMENT REGULATIONS FOR AN MF TWO ZONING THAT DOES NOT ALLOW FOR MORE THAN SEVEN UNITS AND MUST COMPLY WITH TODAY'S BUILDING CODES. AND SLIDE NUMBER FOUR, YOU CAN SEE THE STREET CONSISTS OF MULTIPLE PROPERTIES WITH EXISTING MULTIFAMILY TWO ZONING. OUR PROPOSAL IS REQUESTING FOR THE REZONE OF 7 0 0 9 GUADALUPE STREET, ITEM NUMBER SEVEN, TO REZONE TO MF TWO, WHICH WOULD BE CONSISTENT AND COMPATIBLE WITH PROPERTIES ALONG GUADALUPE STREET. FOR SLIDE NUMBER FIVE, THERE MIGHT BE TRANSPORTATION CONCERNS SUCH AS PARKING WITHIN THE NEIGHBORHOOD HIGHLIGHTED LEFT OF GUADALUPE STREET AS AN EXISTING TRANSIT ORIENT ORIENTED DEVELOPMENT AND HOPES TO PROVIDE AN FOR SLIDE SIX TO ADDRESS OUR SECOND APPLICATION TO THE NEIGHBORHOOD PLAN AMENDMENT AGENDA. I ISLAND FUTURE USE LAND USE MAP OUTLINED BY PROPERTY 7 0 0 9 GUADALUPE STREET, AND ITS EXISTING LAND USE OF HIGH DENSITY SINGLE FAMILY REQUESTING A CHANGE TO MULTIFAMILY RESIDENTIAL, WHICH IS CONSISTENT AGAIN AND COMPATIBLE WITH THE NEIGHBORING LAWS AND NEIGHBORHOOD PLAN. THE PROPERTY OWNER, JULIAN, IS PRESENT IN THE MEETING IF THERE ARE ANY OTHER QUESTIONS. THANK YOU. THANK YOU. CHAIR IS NOTED. UH, JULIAN RIDGE IS ALSO REGISTERED AND WILL BE AVAILABLE TO ANSWER QUESTIONS. WE'LL NOW MOVE ON TO THE OPPOSITION, MS. VALERIE BROWN. MS. BROWN, SELECT STAR SIX. YOU'LL HAVE FIVE MINUTES. MY NAME IS, EXCUSE ME. MY NAME IS VALERIE BROWN. I'VE BEEN A HOMEOWNER IN THE HIGHLAND NEIGHBORHOOD FOR 20 YEARS, AND I AM SPEAKING TO REQUEST TO OPPOSE THE REZONING PROPOSAL FOR THE PROPERTY ON GUADALUPE STREET WHERE IT IS GOING TO CHANGE THE ALLOTMENT FOR, UM, FROM TWO TO THREE FAMILY HOMES TO, UM, FIVE TO SIX CONDOS ON THAT ONE GIVEN LINE. AND THAT'S GOING TO DOUBLE OR TRIPLE THE DENSITY. AND I THINK THIS IS GOING TO, UM, DIRECTLY AFFECT AND ADD TO THE GROWING PAINS, UH, THAT THE CITY OF AUSTIN IS SUFFERING FROM. AND I BELIEVE THIS CHANGE IS GONNA, UM, HAVE A NEGATIVE EFFECT ON THIS COMMUNITY IN THIS HIGHLAND, BRENTWOOD NEIGHBORHOOD. SO I'M ASKING YOU TO, UM, OPPOSE IT SO THAT WE DO NOT CHANGE THE LANDSCAPE OF THIS NEIGHBORHOOD. THANK YOU. THANK YOU, MS. [00:25:01] SALINAS. IF YOU'LL SELECT STAR SIX, YOU'LL HAVE THREE MINUTES FOR A REBUTTAL. UH, MS. ES SELECT STAR SIX AND, UH, PROVIDE YOUR THREE MINUTE REMARKS. OKAY, MR. RIDGE, PERHAPS YOU WOULD LIKE TO, UH, SPEAK FOR THE THREE MINUTE REBUTTAL. HOW DOES IT WORK? I GO IN HERE? YES. OKAY. HELLO. PLANNING COMMISSION PEOPLE. I'VE ACTUALLY OWNED THAT LITTLE, MY IPHONE THAT LIKE, FOR 25 YEARS WE'VE OWNED THAT LITTLE PLACE. IT'S BEEN PRETTY COOL, I THINK LONG BEFORE THE LIGHT RAIL APPEARED. AND SO IT'S BEEN A PRETTY COOL NEIGHBORHOOD. THE, THE LITTLE TENANTS I GOT THERE, LOVE IT. UH, MOST OF 'EM TAKE THE BUS, WALK THE LIGHT RAIL OR BIKE AROUND THE NEIGHBORHOOD. SO RIGHT NOW, THE, THE ZONING THAT I DON'T HAVE, LIKE MY NEIGHBORS IS, I THINK IT LETS ME BUILD JUST FOUR UNITS THERE. AND THE BUILDER SAYS IF I GOT THIS CHANGE, I COULD BUILD, YOU KNOW, A FEW MORE, MAYBE FIVE, DON'T MAKE 'EM TOO SMALL, PRETTY, PRETTY COOL. ALL THE PARK ME OFF THE STREET, BUILD LIKE A LITTLE FIVE UNIT TOWNHOUSE, KIND OF NICE LIKE THE NEIGHBORHOOD. UM, SO, UH, UH, I THINK IT'S CONSISTENT WITH THE WHOLE NEIGHBORHOOD. I WENT TO A NEIGHBORHOOD ASSOCIATION MEETING AND THEY SEEMED TO SUPPORT IT AND IT'LL BE LIKE MY NEIGHBORS. SO IT WAS CONSISTENT WITH THE NEIGHBORHOOD, THEY SAID. UNLESS THERE'S ANY QUESTIONS, ANY QUESTIONS, UH, WE'LL GO INTO OUR Q AND A AND WE'LL BRING YOU BACK UP IF WE HAVE QUESTIONS. THANK YOU. THANK YOU, CHAIR. THAT CONCLUDES THE SPEAKERS ON THIS ITEM. ALL RIGHT. UH, MOTION TO INCLUDE PUBLIC HEARING, UH, MR. MAXWELL, SECONDED BY COMMISSIONER WOODS. ANY OBJECTIONS TO THE, UH, ANY OBJECTIONS? OKAY, UH, LET'S GO AHEAD AND MOVE TO OUR Q AND A, UH, THIS ONE, COMMISSIONERS, ARE THERE ANY OBJECTIONS ON THIS ONE TO MOVING AT FIVE AT THREE? UM, FIVE QUESTIONS, THREE MINUTES EACH. UH, IF WE NEED MORE, WE CAN MOVE ON, BUT I THINK THAT MIGHT BE ENOUGH TO GET US THROUGH THE Q AND A BEFORE WE, UH, DEBATE. ALL RIGHT. WHO HAS FIRST QUESTION ON THIS ITEM? ANYONE? QUESTIONS? QUESTION? UH, COMMISSIONER AZAR? NO. COMMISSIONER ANDERSON. OKAY. COMMISSIONER ZA AND COMMISSIONER ANDERSON, START SOUTH. COMMISSIONER ANDERSON. THANK YOU, CHAIR. I HOPE, I HOPE, UH, THE APPLICANT CAN HEAR ME. OKAY. UM, SO THIS, THE SITE HAPPENS TO BE RIGHT NEXT TO A PRETTY AMAZING PARK, AS I KNOW YOU'RE AWARE, AND I'M JUST CURIOUS IF THERE'VE BEEN ANY DISCUSSIONS ABOUT MAYBE A PUBLIC ACCESS FROM THE STREET TO THE PARK? HOW DOES, YEAH, , UM, ONE OF THE NEIGHBORS DID ASK THAT WAS POSSIBLE, BUT I, I, I, I GUESS MY, UH, MY FEELING IS THE PARK AXIS IS OFF, YOU KNOW, OFF OF ST. JOHN'S, AROUND THE CORNER. AND, UH, MY LOT'S ONLY 75 FEET WIDE, SO I GOTTA BE HONEST. UH, I, I FEEL A SENSE OF RESPONSIBILITY TO MY TENANTS. LIKE AFTER 25 YEARS, I BUILD MORE, I PLAN TO KEEP IT, UM, MEAN MY WIFE STILL GIVING STRANGERS PUBLIC ACCESS ACROSS A LONG, NARROW LOT WHERE PEOPLE ARE PARKING. I GUESS I HADN'T REALLY THOUGHT VERY MUCH ABOUT THAT, BUT IT WASN'T MY FIRST INSTINCT TO THINK, YEAH, THE, ALL THE OTHER LOTS NEAR ME ARE BEING BROUGHT UP IN A MUCH WIDER, THAT'S A PRETTY SKINNY LITTLE LOT. I, I WASN'T REALLY PLANNING TO GIVE PUBLIC ACCESS ACROSS MY LOT WHERE MY LOT IS ON THAT PARK. IT'S A BIG DRAINAGE CULVERT THAT THE CITY DUG OUT, WHAT DO YOU CALL IT? RETENTION POND THING. SO IT DROPS OFF PRETTY QUICK. YOU NEED QUITE SOME DEVELOPMENT BEHIND MY CHAIN LINK FENCE THERE. IT DROPS OFF PRETTY STEEP INTO THE DRAINAGE CULVERT. SO THAT WOULD NOT BE A, A TRIVIAL PROJECT, I IMAGINE, FOR THEM OR ME. BUT I'M NOT THE EXPERT . AND OF COURSE, HOPE. I AM CURIOUS, I'VE ASKED, YOU HAD GOOD THOUGHTS ON THIS, I'D LOVE TO PASS THIS OFF TO COMMISSIONERS AZAR, AND THANK YOU. UM, COMMISSIONER ANDERSON. SO I THINK I UNDERSTAND YOUR CONCERN. I GUESS ONE THING WE WOULD LIKE TO UNDERSTAND FROM OUR STAFF, ARE THERE ANY CONCERNS WITH ALLOWING SOMETHING LIKE THAT ACCESS FROM HERE? SO THERE WILL BE TWO THINGS THAT WE WERE DOING. ONE OF COURSE IS ALLOWING ACCESS FROM GUADALUPE, BUT ALSO FROM THE DOD IN THE FUTURE, IF THERE IS ACCESS NEEDED TO THE EXISTING PARK. I DON'T KNOW IF STAFF, I KNOW IF HE HAD BARRED STAFF, THEY MIGHT HAVE HAD BETTER DETAILS ABOUT THIS, BUT I WONDER, HI COMMISSIONERS. R WE DO NOT HAVE THE PARED STAFF WITH US TONIGHT, SO I CAN'T SPEAK FOR THEM AS FAR AS ACCESS GOES, BUT THAT IS NOT SOMETHING THAT WE USUALLY ACCOMPLISH THROUGH A ZONING CASE. [00:30:02] SO IT WOULD BE SOMETHING THAT WOULD BE LOOKED AT AT THE TIME OF SITE PLAN. OKAY. THAT'S VERY HELPFUL. APPRECIATE THAT. ALL RIGHT. ANYONE ELSE? OKAY. DO WE HAVE ANY MOTIONS? MOTION COMMISSIONER ZA. THANK YOU, CHAIR. I'LL, I'LL MOVE. STAFF RECOMMENDATION. ALL RIGHT. DO WE HAVE A SECOND? UH, COMMISSIONER MAXWELL. ALL RIGHT. YOU WANNA SPEAK TO YOUR MOTION? SURE. I, I THINK STAFF DOES A GOOD JOB OF, UH, LAYING OUT WHY THIS REZONING HERE MAKES SENSE. PARTIALLY BECAUSE OF THE ZONING THAT WE HAVE IN THE MIDT NORTH PARCEL, THE SOUTH PARCEL, AND THEN DEFINITELY TO THE WEST AS WELL, AND THET, O D. UM, AND I THINK, YOU KNOW, IN THIS CONVERSATION, I THINK ONE THING THAT'S COME UP IS HOPEFULLY IS THIS MOVE TOWARDS SITE PLAN THAT SOMETHING STAFF CAN CONSIDER VERY SERIOUSLY TO SEE IF WE CAN PROVIDE SOME KIND OF PUBLIC EASEMENT OR ACCESS. AND I THINK THE APPLICANT IS RIGHT, THAT RIGHT BEHIND IS THE DETENTION POND. SO THERE MIGHT BE SOME CHALLENGES. MAYBE THIS IS NOT THE BEST SITE AMONG THE VARIOUS SITES ON THIS SITE OF GUADALUPE, BUT HOPEFULLY SOME THINGS STAFF CAN CONSIDER AND FIGURE OUT JUST SO THAT WE CAN HAVE A LITTLE BETTER PARK ACCESS. BUT OTHERWISE, I DO THINK THE CASE, UH, MAKES SENSE IN MOST FORWARD, HELPS US MEET OUR DIFFERENT HOUSING GOALS, BUT ALSO EXPAND ON THE WORK THAT'S BEING DONE ON THE E D O D PROJECTS. THANK YOU. ALL RIGHT. ANYONE SPEAKING AGAINST THIS MOTION? UH, ANY MORE? WANNA SPEAK IN FAVOR? ALL RIGHT, LET'S GO AHEAD AND TAKE A VOTE AS, UH, THE D IN FAVOR OF THE MOTION OR STAFF RECOMMENDATION BY COMMISSIONER AZAR, SECONDED BY COMMISSIONER MAXWELL. UH, PLEASE RAISE YOUR HAND. ALL RIGHT, THAT'S EVERYONE. UH, THOSE, UM, VIRTUAL, UH, IN FAVOR, UH, THAT LOOKS LIKE. OKAY. 12 0 0. THAT ONE PASSES. ALL RIGHT. THANK YOU VERY MUCH. ALL RIGHT. UH, MOVING ON TO OUR SECOND ITEM. UH, THIS IS ITEM 11. IT WAS PULLED BY COMMISSIONER AZAR. UM, SO LET'S GO AHEAD AND HEAR, GET A BRIEFING FROM STAFF. HELLO AGAIN, COMMISSIONER SHERRY SESS. THIS IS CASE C 14 20 20 3026 LIFE STORAGE. IT'S LOCATED AT 82 27 NORTH LAMAR BOULEVARD. THE REQUEST IS FROM L I MP ZONING TO C S M U MP ZONING. THE STAFF'S RECOMMENDATION IS FOR C S M U MP ZONING, WHICH IS COMMERCIALS GENERAL COMMERCIAL SERVICES, MIXED USE NEIGHBORHOOD PLAN, COMBINING DISTRICT ZONING. THE SITE FALLS WITHIN THE STUDY BOUNDARIES OF THE NORTH LAMAR TRANSIT AREA E TODD. AND SO I BELIEVE THAT'S PART OF THE CONSIDERATION THAT WE'RE HERE TO DISCUSS TONIGHT. THE PROPERTY IS A 4.38 ACRE LOT THAT FRONTS ONTO NORTH LAMAR BOULEVARD. THAT IS DEVELOPED WITH A CONVENIENT STORAGE FACILITY TO THE NORTH. THERE IS C S V N P AND L I M P ZONING THAT IS DEVELOPED WITH A PERSONAL IMPROVEMENT SERVICES, WHICH IS A FENCING BUSINESS AND AN EQUIPMENT SALES USE, WHICH IS RIDER TRANSPORTATION SERVICES. THE LOTS TO THE SOUTH ARE ZONED L I N P AND CS MP AND CONTAIN AUTOMOTIVE REPAIR. USES A BILLBOARD SIGN AND CONSTRUCTION SALES AND SERVICE USE. THE TRACT OF LAND TO THE EAST IS DEVELOPED WITH AN INDUSTRIAL WAREHOUSE FACILITY TO THE WEST ACROSS NORTH AMMAR BOULEVARD. THERE IS CS MP AND CS ONE MP ZONING THAT CONTAINS AUTOMOTIVE SALES AND AN OFFICE COMMERCIAL WAREHOUSE DEVELOPMENT. THE APPLICANT IS REQUESTING C SMU MP ZONING TO UTILIZE THE FLORIDA AREA RATIO ALLOWED BY THE GENERAL COMMERCIAL SERVICES OR CS DISTRICT, WHICH IS TWO TO ONE F A R. THE APPLICANT NEEDS THE ADDITIONAL FLORIDA AREA RATIO TO REDEVELOP A PART OF THE SITE WITH A MULTI-FAMILY CLIMATE CONTROLLED STORAGE FACILITY. THE STAFF IS RECOMMENDING THE PROPOSED ZONING BECAUSE IT IS CONSISTENT WITH THE DISTRICT SAW, WHICH IS C SMU MP ZONING THE PROPERTY FRONTS AND TAKES ACCESS TO NORTH LAMAR BOULEVARD, WHICH IS A LEVEL THREE MAJOR ARTERIAL ROADWAY, AND A DESIGNATED ACTIVITY HOARDER IN THE NORTH LAMAR. ACTIVITY HOARDER IN THE COMPREHENSIVE PLAN C S M U NMP ZONING WILL PERMIT THE USES THAT ARE CONSISTENT AND COMPATIBLE WITH COMMERCIAL AND LOW DENSITY INDUSTRIAL USES SURROUNDING THE SITE TO THE NORTH, SOUTH, EAST, AND WEST. THE PROPOSED ZONING WILL ALLOW FOR EXPANSION OF AN EXISTING USE ON THE PROPERTY AND WILL ENCOURAGE REDEVELOPMENT OF THE SITE IN THE FUTURE WITH THEIR MIXTURE OF USES ALONG A MAJOR ARTERIAL ROADWAY. THE REQUESTED C SMU ZONING IS IN ACCORDANCE WITH THE FUTURE LAND USE MAP OR PLUM DESIGNATION WITH THE NORTH LAMAR COMBINED NEIGHBORHOOD PLAN. AND I'M HERE TO ANSWER ANY OTHER QUESTIONS YOU MAY HAVE. CHAIR COMMISSIONER, WE'LL NOW HEAR FROM THE APPLICANT WHO'S THE ONLY SPEAKER ON THIS ITEM, UM, AND WILL FOREGO THE REBUTTAL, UM, BUT WILL BE AVAILABLE FOR QUESTIONS AFTER GOOD EVENING COMMISSIONERS. I'M ROBERT HYLE WITH LYLE ENGINEERING HERE REPRESENTING THE APPLICANT. SO THIS IS A EXISTING CONVENIENCE STORAGE SITE. THERE IS DEMAND FOR THE PRODUCT, [00:35:01] AND SO THEY WANTED TO INCREASE THEY AVAILABLE UNITS. THEY DIDN'T WANNA GO OUT, THEY DIDN'T WANNA EXPAND OUTWARD, THEY WANTED TO EXPAND UP, AND SO THEY SAW, UH, WERE SEEKING THE REZONING TO TAKE ADVANTAGE OF THE INCREASED FLORIDA AREA RATIO AVAILABLE WITH THE CS. WHENEVER WE LOOK AT DOING A REZONING, FIRST THING WE DO IS WE CHECK THE NEIGHBORHOOD PLAN. UH, THAT'S THE POINT OF NEIGHBORHOOD PLANS IS TO SHOW WHAT THE NEIGHBORHOOD'S VISION FOR THIS IS MOVING FORWARD. IT'S CURRENTLY ZONED LI LIGHT INDUSTRIAL IS INCREASINGLY INCOMPATIBLE WITH THE DEVELOPING USES ALONG LOMAR, AND IT'S NOT WHAT THE NEIGHBORHOOD SAID THEY WANTED. THE NEIGHBORHOOD SAID THAT THEY WANTED THIS PROPERTY IN THE FUTURE TO GO TO A COMMERCIAL MIXED USE. AND SO THAT IS PART OF, THAT'S WHAT WE APPLIED FOR, UM, TO BOTH, LIKE I SAY, BOTH TO ALLOW US TO EXPAND UP INSTEAD OF OUT, AND THEN TO BE IN FULL ACCORD WITH THE ADOPTED NEIGHBORHOOD PLAN. THANK YOU VERY MUCH. OKAY. THANK YOU. UH, DO I HAVE A MOTION TO, UH, CLOSE PUBLIC HEARING? ALL RIGHT. COMMISSIONER MAXWELL SECOND BY COMMISSIONER WOODS. UH, ANY OBJECTION, HEARING NONE? WE'LL GO AND MOVE INTO Q AND A. UH, LET'S DO THIS ONE AT FIVE, AT THREE AGAIN. UM, SO I'M GONNA GO AHEAD AND LET, UH, SINCE YOU'VE PULLED THIS ONE, UH, COMMISSIONER AZAR, YOU WANNA LEAD US OFF. I APPRECIATE THAT CHAIR. YOU'RE ALL ARE GONNA BE HEARING A LOT FROM ME TONIGHT, SO I APOLOGIES. UM, I DO HAVE A QUESTION FOR THE APPLICANT. I, I UNDERSTAND THE SORT OF THE USE, SORT OF THE ZONING THAT WE'RE GOING FOR THE MIXED USE. CAN YOU EXPLAIN AGAIN, SO JUST SO I UNDERSTAND, EVEN THOUGH WE'RE GOING FOR THE MIXED USE ZONING, THERE'S NOT GONNA BE A RESIDENTIAL COMPONENT ON THIS SITE CURRENTLY. THERE'S NO PLANS FOR IT TO BE A RESIDENTIAL, UH, COMPONENT TO THE PROJECT? NO. UM, WE ASKED FOR THE MIXED USE BOTH TO BRING IT INTO LINE WITH WHAT THE NEIGHBORHOOD HAD ASKED FOR IN THE NEIGHBORHOOD PLAN, AND ALSO IS AN EYE TO THE FUTURE THAT IF THE, UM, PROPERTY GETS REDEVELOPED TO SOMETHING OTHER THAN MIXED, UH, THEN OTHER THAN THE STORAGE USE, THEN THE ZONING'S ALREADY IN PLACE FOR SOMEONE TO DO THAT. I APPRECIATE THAT. AND JUST SO I UNDERSTAND CORRECTLY, THE, I Y'ALL HAD REQUESTED THE CS ZONING BECAUSE YOU WANT THE TWO TO ONE F R BECAUSE YOU NEED TO GO TO THAT HEIGHT TO EXPAND THE STORAGE FACILITY, CORRECT? THAT'S CORRECT. THE, UH, LA ZONING IS A ONE TO ONE FLORIDA AREA RATIO. CS HAS THE TWO TO ONE. AND SO THAT WILL ALLOW US, UH, A GREATER HEIGHT INSTEAD OF SPREADING OUT. AND DO YOU HAVE ANY SORT OF SENSE OF TIMELINE ON THIS PROJECT, OR, I UNDERSTAND IF WE'RE TOO EARLY IN THE PROCESS TO HAVE AN UNDERSTANDING OF THAT. WE DO HAVE A SITE PLAN IN THE WORKS, BUT, UM, THAT'S IN PART, UM, PENDING ON THE OUTCOME OF THE ZONING CASE. I, I APPRECIATE THAT. I DO HAVE SOME QUESTIONS FOR STAFF AS WELL. I, I DO WANNA START OFF WHILE STAFF IS WALKING, I'LL JUST SAY THANK YOU TO STAFF FOR ANSWERING MY QUESTIONS EARLIER AND WORKING WITH OUR A T O D TEAM. SO I JUST REALLY WANNA THANK OUR STAFF FOR WORKING THROUGH THAT. SO MY QUESTION REALLY WAS, I JUST WANNA UNDERSTAND, SO CURRENTLY IN, ARE YOU STABLES, ARE, IS STORAGE COVERED IN THE CONVENIENCE STORAGE USE? AND I'M SORRY, I'M MAKING YOU WALK UP AGAIN. YES. A MANY STORAGE OR, UM, A STORAGE FACILITY WOULD BE UNDER CONVENIENT STORAGE AND THAT'S UNDER PERMITTED USES IN OUR CODE. YES. AND THAT'S THE SORT OF ONE, AND CURRENTLY THAT'S A PERMITTED USE, CORRECT? YES. WOULD THERE BE ANY CONCERN OF MOVING IT TO A CONDITIONAL USE PERMIT REQUIREMENT SO THAT WE CAN DIG IN A LITTLE DEEPER? IF, IF THAT WAS INDEED THE WILL OF THE COMMISSION OR SOMETHING WE WOULD WANT TO CONSIDER THAT WOULD BE UP TO THE COMMISSION, BUT WOULD THERE BE ANY SORT OF CONCERN FROM Y'ALL'S END? FROM A PLANNING PERSPECTIVE? UH, WE, WE FIND THAT THE EXISTING USE IS CONSISTENT WITH THE DEVELOPMENT IN THE AREA BECAUSE IT IS A COMMERCIAL INDUSTRIAL MIX. AND SO THAT USE IS A NECESSARY USE FOR STORAGE FOR PEOPLE WHO ARE LIVING IN FACILITIES AND HAVE AN ABUNDANCE OF MATERIAL. SO, UM, YOU KNOW, IT, IT WOULD BE CONSISTENT WITH THE SURROUNDING DEVELOPMENT. I MEAN, WE BELIEVE OBVIOUSLY THAT USE IS CONSISTENT WITH THE DEVELOPMENT ON THIS QUARTER. UM, BUT IT, AGAIN, IT WOULD BE UP TO THE COMMISSION IF YOU FEEL THAT THAT WOULD BE SOMETHING THAT YOU WOULD WANT AS A CONDITIONAL USE SO THAT YOU COULD SEE IT DURING THE SITE PLAN PROCESS. I REALLY APPRECIATE THAT AND I KNOW YOU HAD A PRETTY, I'M GLAD Y'ALL UP UP MY TIME'S UP, SO THANK YOU . SORRY. GOT BLESSED RIGHT. COMMISSIONERS ADDITIONAL QUESTIONS, ADDITIONAL TIME TO COMMISSIONER AZAR SO I CAN KEEP ASKING HIS QUESTIONS. ANYONE WANNA DONATE TIME? OKAY. I'M GONNA ALLOW THIS. TRYING NOT TO DO THAT, BUT I THINK I CAN CIRCLE BACK, LET OTHER PEOPLE OKAY. I DON'T KNOW IF WE HAVE ANYONE ELSE. WE DO. OKAY, COMMISSIONER MAXWELL, GO AHEAD. UM, I HAVE A COUPLE OF QUESTIONS FOR THE APPLICANT IF THEY HAVE A, UM, YOU KNOW, I THINK OBVIOUSLY THE ISSUE THAT WE'RE STRUGGLING WITH HERE IS SORT OF, UH, FUTURE LAND USE AND WHAT DOES THAT LOOK LIKE? SURE. BECAUSE OBVIOUSLY THE EXCITEMENT OF WHAT WE MIGHT BE BUILDING [00:40:01] 10 OR 15 YEARS FROM NOW ALONG NORTH LAMAR AS THAT CORRIDOR CHANGES, ESPECIALLY RELATED TO OUR TRANSIT OPTIONS HERE IN AUSTIN. MM-HMM. , I THINK THE CONCERN IS, ESPECIALLY GIVEN HOW THE BUILDING FRONTS THE, YOU KNOW, THAT THAT'S A STRUGGLE FOR US TO SAY, HEY, THIS MAYBE SHOULD HAVE A DIFFERENT USE, WHATNOT. AND WE APPRECIATE THE FACT THAT YOU HAVE TRIED TO INCORPORATE THAT IN YOUR ZONING. SO MY QUESTION IS, IF THIS PROJECT IS, WHAT IS THE GENERAL LIFE SPAN OF A, SOMETHING LIKE THIS IN TERMS OF FEASIBILITY OF EVENTUALLY BEING REDEVELOPED AT SOME POINT? DO YOU HAVE SOME ESTIMATES ALONG THOSE LINES? THAT'S A GOOD QUESTION. UM, A LOT OF THAT WOULD DEPEND ON BIGGER MARKET FORCES THAN I THINK I COULD REALLY SPEAK TO, UM, WITH A LOT OF CONFIDENCE. UM, SO, UM, SO I'M NOT, I'M NOT REALLY SURE LIKE IF THAT'S, IF THAT'S A 10 YEAR OR 15 OR 20. UM, ONE THING I MIGHT ADD THOUGH IS THAT AS AND, UM, UH, MR. WAY SPOKE TO THAT, I THINK PRETTY EFFECTIVELY AS THE CORRIDOR IS REDEVELOPING AND ADDING MORE RESIDENTIAL USES, MANY OF THOSE RESIDENTIAL USES ARE GONNA BE SMALLER. THEY'RE NOT GONNA HAVE THE GARAGE OR THE EXTRA STORAGE THAT YOU'RE, UH, MORE SUBURBAN STYLE SINGLE FAMILY DETACHED. AND SO WE FEEL THAT, UH, ESPECIALLY LIKE A CLIMATE CONTROLLED SMALLER UNIT, CONVENIENT STORAGE CAN BE A SUPPORTIVE PART OF A MIXED USE RESIDENTIAL CORRIDOR. GREAT. AND THEN JUST ONE OTHER QUESTION IN TERMS OF HOW MUCH ADDITIONAL UNITS, SO WOULD THIS SERVE, UH, MORE PEOPLE OR, YOU KNOW, SORT OF HOW MUCH ADDITIONAL CAPACITY ARE YOU EXPECTING IF THIS MOVE FORWARD OR AGAIN, IF AN ESTIMATE? UH, AGAIN, SOME OF THAT IS GONNA BE DEPENDENT ON THE SITE PLAN, WHICH IS BASED A LITTLE BIT ON DEPENDING THAT, UM, BUT WE ARE THINK LOOKING AT, UH, APPROXIMATELY FOUR STORIES MM-HMM. OF, UH, OF, OF USE GOING UP. GREAT. THANK YOU. YEAH. RIGHT. UH, COMMISSIONER CONLEY, I'M LOOKING AROUND, MAKE SURE I DON'T FORGET. I HAVE A QUESTION AND FIRST FOR THE APPLICANT AND THEN FOR STAFF AS WELL. BUT, UM, I JUST WANTED TO DIG A LITTLE DEEPER INTO THIS BECAUSE THERE ARE EXAMPLES IN OTHER PARTS OF THE COUNTRY OF GENUINE MIXED USE THAT DOES INCORPORATE STORAGE WITH HOUSING, RIGHT? MM-HMM. , I MEAN, STORAGE IS A NEED FOR TENANTS, UM, LOW INCOME FOLKS OR FOLKS WHO LIVE IN MORE COMPACT SPACES AND MOVE FREQUENTLY. SO IT'S A GENUINE NEED. UM, BUT THERE ARE PLENTY OF EXAMPLES OF PEOPLE FINDING WAYS TO INCORPORATE STORAGE IN REAL MIXED USE. UM, WHY WOULD WE NOT TRY TO PURSUE A REAL MIXED USE IN ON THIS SITE RIGHT NOW? UM, AND, AND, AND, AND, AND, YOU KNOW, WOULD, WOULD THE DEVELOPMENT OF A STRICTLY STORAGE FACILITY IN SOME WAYS SET US BACK, UM, TOWARDS, UM, PURSUING REAL MIXED USE ON THIS SITE? SURE. UM, THAT, THAT YOU'RE, YOU'RE ABSOLUTELY RIGHT. THERE ARE, THERE ARE EXAMPLES WHERE, UM, STORAGE USES AND HOUSING HAS BEEN, UM, DEVELOPED. I'M NOT AWARE OF ANY IN AUSTIN. UH, IT'S NOT REALLY A HOUSING MODEL THAT I, I THINK YEAH, THAT WOULD BE A NEW HOUSING MODEL IN AUSTIN AS FAR AS I'M, I'M AWARE. UM, SO I THINK THAT THERE MIGHT BE SOME CONCERNS ABOUT MARKETABILITY OF THAT. UM, ALSO JUST IN TERMS OF WHAT, UH, MY CLIENT DOES IS THEY'RE NOT REALLY, UH, EQUIPPED TO BUILD AND MANAGE RESIDENTIAL USES. SO FROM MY CLIENT'S PERSPECTIVE, YES, THERE ARE A LOT OF DIFFERENT USES THAT WOULD GO WELL ON THERE. UH, THERE'S SOME ENTERTAINMENT USES THAT WOULD GO WELL ON THE SITE, BUT THAT'S NOT WHAT THEY DO. UM, BUT WE ARE ASKING FOR THE MIXED USE ZONING SO THAT IN THE FUTURE IF SOMEONE WERE WANTING TO DO, UM, A MIXED USE PROJECT, THAT ZONING WOULD BE IN PLACE FOR A FUTURE DEVELOPMENT, EVEN THOUGH THAT'S NOT OUR, OUR VIEW, OUR OUR VISION AT THIS TIME. OKAY. I UNDERSTAND THAT. AND, UM, I, I, I GUESS THE CONCERN IS SPECIFICALLY, YOU KNOW, THIS, IT'S TRUE THAT THIS, YOU KNOW, KIND OF LAND USE THAT INCORPORATES HOUSING IS, YOU KNOW, IN, INTO THIS KIND OF PROJECT IS WOULD, WOULD BE NEW FOR AUSTIN MM-HMM. , BUT ALSO HAVING FUNCTIONAL URBAN LIGHT RAIL AND METRO RAPID SYSTEMS WOULD BE NEW TO AUSTIN. RIGHT? SO WE'RE, WE'RE TALKING ABOUT NEW THINGS TO AUSTIN. THAT'S GOOD. AND I'M REALLY WORRIED ABOUT PUTTING A LOT OF NEW STORAGE SPACE INTO A FUTURE E T O D AREA, PARTICULARLY WHEN WE THINK ABOUT, UM, THE WAY THAT PEOPLE ACCESS STORAGE, RIGHT. PRIMARILY BY SINGLE OCCUPANCY MOTOR VEHICLES MM-HMM. . UM, AND SO, YOU KNOW, THINKING ABOUT HOW THIS STORAGE PLAN FITS INTO A POTENTIAL FUTURE E T O D PLAN, AND THAT'S WHERE I'M TRYING TO GET A BETTER SENSE OF IS, YOU KNOW, HAS THERE BEEN SOME THOUGHT TO HOW THIS BECOMES PART OF AN E T O D IN THE FUTURE? YES. AND SORRY, SPENT TOO MUCH TIME WORDING MY QUESTION. . [00:45:02] SO I WOULD SAY THAT EVEN IF IT'S, I'LL JUMP IN. THIS IS MY TIME. GO AHEAD PLEASE. OKAY. THANK YOU. OKAY, SURE. I I WOULD SAY EVEN IF IT DOESN'T SUPPORT RESIDENTIAL ON SITE, UM, THAT IT COULD STILL BE A USEFUL PART OF A MIX ALONG THE CORRIDOR. NOT EVERY SITE IN A MIXED USE CORRIDOR IS GONNA INCLUDE EVERY POTENTIAL USE THAT'S AN IMPORTANT PART OF A VIBRANT MIXED USE CORRIDOR. SO, UM, RIGHT NOW THE USES ARE PRETTY INDUSTRIAL AROUND IT. UM, BUT AS THOSE ARE BEING REDEVELOPED AND AS MORE RESIDENTIAL IS BEING MOVED, THIS IS STILL NORTH OF 180 3, SO IT'S STILL PRETTY FAR NORTH ON THE E O CORRIDOR. UM, AGAIN, THAT'S WHY WE'RE ASKING, WE'RE WE'RE MOVING AWAY FROM INDUSTRIAL ZONING TO COMMERCIAL MIXED USE, UH, TO ALLOW THE EXISTING USE TO EXPAND UP INSTEAD OF OUT AND TO ALLOW FOR THE POSSIBILITY IN THE FUTURE OF IT BEING REDEVELOPED WITH THE COMMERCIAL MIXED USE. OKAY. THANK YOU. SURE. UH, WHO'S, WHO RAISED THEIR HAND? YOU WANNA GIVE MORE TIME TO OH, OKAY. UH, DO WE HAVE ANYBODY ELSE ONE MORE SLOT? UM, AND WE CAN ALLOW FOR MORE IF WE NEED TO, BUT GO AHEAD. COMMISSIONER AZAR, MY QUESTION GOT ANSWERED. IT DID. OKAY. ALL RIGHT. SO NO MORE QUESTIONS. UM, LET'S GO AHEAD. DO WE HAVE A MOTION ON THIS ITEM? COMMISSIONER AZAR? GOTTA MAKE A HARD MOTION HERE AND I CAN SPEAK TO IT. UM, I'M GONNA MAKE A MOTION TO DENY THE REQUEST. WE HAVE A SECOND SECOND BY COMMISSIONER ANDERSON. DO YOU WANNA SPEAK TO YOUR MOTION COMMISSIONER CZAR? SURE. I WOULD STILL BE OKAY WITH IF, IF THE COMMISSION'S WILL IS TO PUT IT AS A CONDITIONAL USE PERMIT, I WOULD BE OKAY WITH THAT. BUT I'M ONLY HESITANT BECAUSE I'LL BE HONEST, I THINK IF THIS GIVES A CONDITIONAL USE PERMIT, I WOULD VOTE AGAINST THAT TOO. SO WHY WOULD I MAKE SOMEONE GO THROUGH ROUNDS OF, UH, PERMITS IF WE'RE NOT GONNA GIVE THEM, DO THEM ANYWAYS? AND MY CONCERN REALLY IS THIS IS IN A QUARTER MILE OF A FUTURE TRANSIT STATION AS PART OF OUR PROJECT CONNECT INFRASTRUCTURE. IT IS WITHIN THE NORTH LAMAR TRANSIT CENTER, UM, DISTRICT THAT WE'RE CREATING ROUND TRANSIT SUPPORTIVE SERVICES WITH GAP METRO. THE CITY'S WORKING ON THIS, AND AGAIN, STAFF DID A GREAT JOB OF PUTTING THIS IN THE BACKUP AS WELL. AND THE MAIN POINT REALLY IS I THINK THIS IS WHERE WE REALLY WANNA HAVE VIBRANT BUSINESSES OR CIVIC USES OR CULTURAL USES OR RESIDENTIAL USES. STORAGE SPACES THAT HAVE DEAD FRONTAGE ON A MAIN STREET MIGHT NOT HAVE THE SAME, UH, LEVEL OF ACTIVATION ON THE STREET AND MIGHT NOT PROVIDE THE SAME SORT OF ACCESS TO THE TRANSIT CENTER, I'M NOT SURE IS THE BEST USE FOR THIS, UM, AREA. SO IN GENERAL, I HOPE THAT AS WE CONSIDER ZONING CASES AS AS THEY MOVE FORWARD, WE REALLY START THINKING ABOUT HOW DO WE DO LESS AUTOMOTIVE OR STORAGE OR OTHER KINDS OF SERVICES IN OUR E T O D AREAS, BECAUSE AGAIN, WE'RE, I THINK, PLANNING TOWARDS THEM AND WE'RE NOT THERE. SO, YOU KNOW, WE'LL BE WORKING ON THIS IN THE COMING YEAR, BUT WE WANNA MAKE SURE THAT WE CURB SOME OF THAT REDEVELOPMENT THAT MIGHT NOT BE SUPPORTIVE OF THAT TRANSIT-ORIENTED VISION THAT WE HAVE FOR OUR COMMUNITY. THANK YOU. ANYBODY WANNA SPEAK AGAINST THE MOTION? UH, COMMISSIONER COX? UM, THIS IS INTERESTING BECAUSE THE ZONING, IT SEEMS TO ME LIKE THE ZONING THAT THEY'RE REQUESTING IS APPROPRIATE FOR THE LOCATION. AND IF IT WASN'T FOR THE NAME OF THE APPLICANT, MY GUESS IS THAT WE WOULD'VE NEVER REALLY HAD A GOOD IDEA BEFOREHAND WHAT THEY WERE ACTUALLY PLANNING TO BUILD ON THE SITE. SO IT JUST, IT'S JUST KIND OF WEIRD TO ME THAT WE'RE TALKING ABOUT DENYING A ZONING THAT MAYBE WE ALL ACTUALLY AGREE WITH, BUT BECAUSE OF THE APPLICANT'S NAME AND LINE OF BUSINESS, UM, I JUST, I HAVE TO PONDER THAT A LITTLE BIT BECAUSE I, IT THAT JUST FOR SOME REASON THAT RUBS ME THE WRONG WAY. UM, SO YEAH, JUST WANTED TO SAY THAT. OKAY. UH, SPEAKING IN FAVOR, MR. CONLEY HAYNES HAS HIS HAND UP. OH, YEAH. UM, MR. HAYNES, ARE YOU SPEAKING AT FOUR OR AGAINST THIS ITEM IN FAVOR OR AGAINST OH, OKAY. GIVE ME A MOMENT. YOU'RE NEXT. GO AHEAD, MS. COMMISSIONER CONLAND. SO IT'S INTERESTING BECAUSE I AGREE, UM, YOU KNOW, THE, THE, THE ZONING WOULD BE APPROPRIATE FOR A FUTURE E T O D. UM, HOWEVER, THE APPLICANT HAS MADE IT VERY CLEAR TO US THAT THEIR ACTUAL INTENDED USE FOR THE SITE IS NOT TO CREATE A REAL MIXED USE DEVELOPMENT. AND THEY'RE GOING TO CREATE, UM, A DEVELOPMENT THAT WILL LAST POTENTIALLY FOR DECADES. IT'S HARD FOR ME TO BELIEVE THAT YOU'RE GONNA INVEST IN BUILDING A LARGE NEW STORAGE FACILITY, UM, WITHIN AN EYE TO THEN REDEVELOP IT WITHIN THE COMING DECADE. UM, THAT, THAT, THAT, THAT SEEMS LIKE A STRETCH. SO IT'S INTERESTING BECAUSE [00:50:01] IF THIS WERE A REAL MIXED USE DEVELOPMENT, I WOULD BE IN FULL SUPPORT, BUT WE'RE A BEING ASKED TO GRANT MIXED USE FOR SOMETHING THAT IS ACTUALLY NOT MIXED USE. UM, SO I, IN, IN THIS CASE, AND BECAUSE I THINK THAT GETTING OUR E T O D POLICY RIGHT, IS, IS EXTREMELY IMPORTANT FOR THIS COMMISSION. UM, I, I AM IN FAVOR OF DENYING THIS REQUEST FROM THE APPLICANT. OKAY. UH, SPEAKING AGAINST THE ITEM, UH, COMMISSIONER HAYNES, UM, THE MOTION I AGAINST THE, AGAINST THE MOTION. MOTION, THE MOTION MADE BY COMMISSIONER AZAR? YEAH, PERFECT. UM, I'LL GIVE COMMISSIONER COX TIME TO PONDER, I GUESS, UH, WHILE I, WHILE I TALK. UM, BUT I, I AGREE WITH MUCH OF WHAT, UH, COMMISSIONER COX SAID. UH, WE'VE GOT AN APPLICANT, WE'VE GOT AN APPLICANT THAT IS REQUESTING A PARTICULAR THING AND, BUT IS PLANNING FOR THE FUTURE. UH, WE'VE GOT AN APPLICANT WHO IS BRINGING FORWARD A PROPOSAL TO, UH, ADD DENSITY. AND WHILE IT'S NOT HOUSING DENSITY, IT IS STORAGE DENSITY, THEY WANNA BUILD UP, THEY DON'T WANNA BUILD OUT. AND SO THEY'RE GONNA PUT MORE, LITERALLY MORE STUFF ON A SMALL PIECE OF LAND AND ALLOW OTHER ENTITIES, OTHER THINGS TO GO THERE. AND FOR US TO SAY THAT WE PREFER A DIFFERENT USE OR A DIFFERENT THING, THE APPLICANT HAS MADE IT CLEAR THAT'S NOT IN THEIR BUSINESS MODEL. AND SO, WHILE I UNDERSTAND, APPRECIATE, AND, AND LIKELY FAVOR MANY OF THE EAD PROPOSALS THAT ARE GONNA COME FORWARD FOR US TO FORCE A, A BUSINESS OWNER TO CHANGE THEIR BUSINESS PLAN AND THEIR ECONOMIC LIVELIHOOD BECAUSE OF A, BECAUSE OF A PLATING DECISION, I THINK IS, IS OUTSIDE OF THE SCOPE AND POWER OF, OF THIS PLANNING COMMISSION. AND, UM, SO MAYBE I GAVE COMMISSIONER COX TIME TO PONDER AND, UH, THERE YOU GO. SO THAT'S WHAT I GOT. THANKS. OKAY. UM, ANY, ANYBODY DON'T WANNA SPEAK IN FAVOR? UH, I'LL, I'LL GO AND SAY A FEW WORDS IN FAVOR OF THIS MOTION I'M LOOKING AT. IF YOU LOOK AT GOOGLE MAPS, THIS PART OF LAMAR HAS STORAGE SO MUCH STORAGE. I, AND AS I DO APPRECIATE THE BUSINESS CASE BUSINESS OWNER, WHAT THEY WANT TO DO, BUT WE HAVE TO START THE TRANSFORMATION NOW. I MEAN, WE ARE THE PLANNING COMMISSION. WE, WE OFTEN DON'T GET A CHANCE TO LOOK OUT INTO THE FUTURE. WE ARE SO STUCK IN THIS, YOU KNOW, WHAT ARE WE DOING TODAY? BUT THIS IS OUR ONE CHANCE TO KIND OF LOOK TO THE FUTURE. AND THIS IS GONNA BE A GREAT SPOT WITH THE INTERSECTION OF TWO HUGE, UH, AR UH, LAMAR AND 180 3 TRANSIT. THIS IS, AND IF YOU LOOK AT KIND OF WHAT THE CITY HAD INTENDED FOR THIS AREA, IT'S A LOT OF MIXED USE. WE DO NEED THOSE SERVICES. THERE WILL BE A NEED FOR STORAGE, BUT WE HAVE GOT SO MUCH STORAGE ALREADY ALONG THIS, WE NEED MORE OF OTHER THINGS TO SUPPORT THE FUTURE EAD IN THIS AREA. SO I, I'LL, UH, I, IT'S A DIFFICULT CHOICE, BUT I THINK WE GOTTA START PLANNING FOR THE FUTURE NOW. SO I'LL BE VOTING IN FAVOR OF THE MOTION. THANK YOU. ALL RIGHT. WE HAVE ONE MORE SLOT FOR THOSE SPEAKING AGAINST, UH, THE MOTION CHAIR. WHO'S, UH, COMMISSIONER COX. GO AHEAD. CAN I MAKE A SUBSTITUTE MOTION? UH, YOU CAN, I'LL MAKE A SUBSTITUTE MOTION, UH, THAT WE APPROVE STAFF RECOMMENDATION. ALL RIGHT. SO DO YOU HAVE A SECOND FOR YOUR SUBSTITUTE MOTION? I'M LOOKING AROUND. OKAY. UH, ALL RIGHT. GO AHEAD AND SPEAK TO YOUR SUBSTITUTE MOTION. COMMISSIONER COX. I DO, I DO HAVE TO ADMIT THAT THAT WAS PARTLY JUST A STRATEGY SO I COULD SPEAK AGAIN, UH, . BUT, BUT, UM, I THINK, I THINK YOU ACTUALLY MADE A, YOU, YOU MADE A POINT, UH, CHAIR THAT, THAT GOT ME THINKING. UM, AND, AND ANOTHER COMMISSIONER SAID THAT, UH, SELF-STORAGE IS LARGELY DRIVING CENTRIC, WHICH I AGREE WITH. BUT IF, IF WE'RE GONNA HAVE THIS ATTITUDE THAT WE DON'T WANT SELF STORAGE FACILITIES, WHICH THERE'S OBVIOUSLY A BUSINESS CASE FOR, BECAUSE THEY'RE SO PROLIFIC AND THEY'RE SO EVERYWHERE, THEN WE MAY WANT TO ACTUALLY HAVE SOME DENSER SELF SELF-STORAGE NEAR PLACES WHERE WE HAVE DENSITY SO THAT PEOPLE DON'T HAVE TO DRIVE TO THE SUBURBS TO ACCESS THEIR SELF-STORAGE FACILITY. IF, IF THIS IS GONNA REDEVELOP INTO A MUCH DENSER AREA WITH MIXED USES, IT MAY ACTUALLY BE SMART TO HAVE A DENSE, TALL SELF STORAGE FACILITY SO THAT PEOPLE CAN [00:55:01] WALK FROM THEIR SMALL APARTMENT TO A SELF STORAGE FACILITY WITHIN A, A TRANSIT ORIENTED DISTRICT. SO AGAIN, I, I, I JUST, I JUST THINK, I JUST THINK WE'RE THINKING THE WRONG WAY HERE, AND THEY'RE REQUESTING A ZONING THAT'S APPROPRIATE FOR THIS AREA, AND THAT'S ULTIMATELY WHAT WE'RE APPROVING. SO I THINK WE SHOULD APPROVE IT. ALL RIGHT. UH, THE, SPEAKING AGAINST THE MOTION, DO YOU HAVE ANYBODY? ALL RIGHT. SPEAKING IN FAVOR, UH, COMMISSIONER MUSH, CHILD IN FAVOR OR AGAINST IN FAVOR? OKAY. THIS IS, THIS HAS BEEN A REALLY INTERESTING ITEM AND DISCUSSION, UM, BECAUSE WE SEE SO MANY OTHER CASES WHERE WE GET REMINDED ACTUALLY BY STAFF THAT OUR JOB IS TO FOCUS ON THE ZONING, AND WE DON'T GET TO LOOK AT THE FOREST THROUGH THE TREES. SO I LIKE LOOKING AT THE FOREST THROUGH THE TREES, AND THAT GIVES US A LOT TO CONSIDER. UM, AND SO I MIGHT ADD THAT, GIVEN THAT WE THINK THAT THE ZONING ITSELF IS APPROPRIATE ALONG THE CORRIDOR, THAT THE CONCERN IS THE USE, THERE'S A POSSIBILITY THAT IF WE ALLOW THE ZONING TO GO THROUGH AND WE APPROVE IT, AND THE BUSINESS CASE IS STRONGER FOR THE KINDS OF THINGS WE'RE ENVISIONING VERSUS WHAT THE STORAGE FACILITY WANTS TO DO, THAT THERE MIGHT BE A BUYER WHO MAKES IT WORTH THEIR WHILE TO SELL IT ONCE IT'S REZONED THE OTHER WAY. YOU KNOW, IF YOU JUST LOOK AT WHAT THE MARKET FORCES ARE DOING AND THE DRIVERS. SO THIS IS A TERRIFIC CASE. I'M GONNA BE VERY INTERESTED TO SEE HOW EVERYBODY ENDS UP VOTING, BUT THAT WAS JUST ANOTHER THOUGHT I HAD WAS THAT IF WE THINK THAT THAT'S THE WAY IT'S GOING, THEN THERE OUGHT TO BE SOME, THEY MIGHT GET SOME HIGH DOLLAR, AND WE MIGHT GET THE ZONING THAT WE NEED TO DRIVE IT THAT WAY IF WE APPROVE IT. JUST ANOTHER THOUGHT. OKAY. UM, YOU WANNA SPEAK IN FAVOR OR AGAINST, AGAINST, AGAINST THE MOTION. COMMISSIONER ANDERSON SPEAKING AGAINST, I APPRECIATE THOSE COMMENTS THAT COMMISSIONER MUELLER JUST SHARED, AND I, I, I DO AGREE WE PROBABLY WOULD BE VOTING A DIFFERENT WAY, BUT WE KNOW WHAT WE'RE VOTING ON. WE'RE VOTING ON A STORAGE FACILITY, AND IT'S JUST HARD. I JUST CAN'T DO IT. I MEAN, WE'RE LOOKING AT BREAKING WORLDWIDE HEAT RECORDS DAY AFTER DAY NOW, AND WE'RE TALKING ABOUT LET'S MAKE IT EASIER FOR PEOPLE TO BUY MORE AND STORE MORE IN CONVENIENT STORAGE. AND THIS IS A STORAGE, THE GREAT STORAGE DISTRICT OF AUSTIN, TEXAS. LIKE, I JUST CAN'T, THIS IS JUST AWFUL. AND I'D LOVE TO SEE THIS CASE COME BACK IN 18 MONTHS WITH SOMETHING THE CITY OF AUSTIN NEEDS. ALL RIGHT. ANY MORE SPEAKERS FOR OR AGAINST? GOT ONE MORE SLIDE OF EACH. SEEING NONE. UH, THIS SUBSTITUTE MOTION, UH, BY COMMISSIONER COX TO APPROVE STAFF RECOMMENDATION, SECONDED BY COMMISSIONER HAYNES. LET'S GO AHEAD AND TAKE A VOTE. UH, LET'S START WITH THOSE ON THE S THAT ARE IN FAVOR OF THE MOTION. UH, SEEING NONE THOSE VIRTUALLY IN FAVOR. OKAY. GIMME ONE MOMENT. OKAY. AND THOSE, UH, VOTING AGAINST THIS ITEM ON THE DIOCESE 2 34 6. OKAY. AND NOS VOTING AGAINST THIS ITEM, UH, VIRTUALLY. GIMME ONE CHANCE. UH, ALL RIGHT. UH, COMMISSIONER ETT RAMIREZ, JUST YOU'RE VOTING AGAINST, OR, I'M LIKE CONFUSED, BUT I, I THINK I'M GONNA ABSTAIN. I DON'T, I'M STILL KIND OF ALL RIGHT. DO YOU NOT, I'M JUST MAKING SURE WE HAVE THIS, MAKING SURE THERE'S NOT A VIRTUAL A DISCONNECT, ARE YOU? NO, I'M, ARE YOU CLEAR ON THE MOTION? ARE YOU CLEAR ON THE MOTION? I JUST WANNA MAKE SURE I'M CLEAR ON THE MOTION. OKAY. WE'RE VOTING ON STAFF RECOMMENDATION? YES. YES. OKAY. AND SO YOU, I GUESS I'M, I'M, DO I SEE YELLOW FOR ABSTAINED? IS IT TOO LATE FOR FOR ME TO ASK? UH, YEAH, WE'RE BEYOND THE Q AND A, SO WE'RE VOTING NOW. SO JUST GIMME A COLOR. SO I'M ABSTAINING. YOU'RE ABSTAINING. OKAY, GREAT. YES. OKAY. ALL RIGHT. SO THAT MOTION, UM, FAILS AND I'VE GOT, UH, SIX OF US VOTING AGAINST, I'VE GOT COMMISSIONER, VICE HEMPEL, UH, COMMISSIONER HOWARD AND VOTING AGAINST, AND THEN I'VE GOT ABSTENTION FROM COMMISSIONER BEDO RAMIREZ. UH, COMMISSIONER MUSCHAR, GO AHEAD. MAY I MAKE A SUBSTITUTE MOTION IF THAT MOTION IS NOW FAILED? OKAY. THAT MOTION'S FAILED. YOU CAN PROPOSE ANOTHER YES, A SUBSTITUTE MOTION. SO THE SUBSTITUTE MOTION I WOULD PROPOSE IS THAT WE, UH, TAKE THE ZONING CHANGE PER STAFF RECOMMENDATION AND WE ADD THE CONDITIONAL OVERLAY. WAS THAT WHAT IT WAS CALLED? THE CONDITIONAL OVERLAY FOR THE USE. GO AHEAD AND CLARIFY. I THINK YOU BROUGHT [01:00:01] THAT UP. I KNOW STAFF IS WALKING UP TOO. SO, COMMISSIONER STR, WE WOULD DO A CONDITIONAL OVERLAY TO HAVE A CONDITIONAL USE PERMIT FOR THAT SPECIFIC USE. SO WHAT YOU WOULD DO IS MAKE, UH, CONVENIENT STORAGE, A CONDITIONAL USE INSTEAD OF PERMITTED USE. SO THAT WOULD BE YOUR CONDITIONAL OVERLAY, YOU WOULD SAY, UH, C S M U C O M P WITH CONVENIENCE STORAGE BEING A CONDITIONAL USE. THE STAFF DID INITIALLY HAVE A CONCERN ABOUT MAKING A CONDITIONAL USE BECAUSE IT'S AN EXISTING USE ON THE SITE . UM, BUT I BELIEVE WE'VE DISCUSSED IT WITH OUR LAW DEPARTMENT. AND THAT WOULD AFFECT FUTURE DEVELOPMENT ON THE PROPERTY AND THE SITE PLANNING PROCESS. RIGHT. AND THEN THAT WOULD EX EXACTLY BE THE INTENT BECAUSE IF SOMEBODY COMES IN WITH AN OFFER THEY CAN'T REFUSE SO, AND MOVES THE PROPERTY IN A DIFFERENT DIRECTION. UH, DO YOU WANNA HEAR FROM THE APPLICANT? UM, YOU CAN ASK A CLARIFY QUESTION. , UH, YES. DO I CLARIFY THE MOTION? SORRY. SO IT'S, IT'S THE, THE SUBSTITUTE MOTION IS TO RECOMMEND THE ZONING CHANGE WITH, UH, THE CONDITIONAL OVERLAY OF THE, UH, STORAGE AS A CONDITIONAL USE. GET THAT RIGHT. OKAY. , THANK YOU. AND, UH, I WOULD LIKE TO HEAR FROM THE APPLICANT JUST EXPRESS ANY CONCERNS OR SURE. BEFORE WE NEED TO SEE IF I EVEN GET A SECOND. NO. YES. LET'S, DO WE HAVE A SECOND FOR THIS MOTION BEFORE WE GO TOO FAR DOWN THE PATH? ANYONE WANNA SECOND THIS ITEM? I, I AM ACTUALLY GOING TO SECOND THIS ITEM TO OPEN IT UP FOR DISCUSSION. I THINK IT'S, UH, SOUND SOUNDS LIKE A GOOD COMPROMISE. UM, SO LET'S GO AHEAD WITH THAT, UH, APPLICANT. IF YOU WANT TO GO AND, I'M SORRY, SIR, SAY YOUR NAME ONE MORE TIME. YES. UH, MY NAME'S ROBERT ROBERT HYLE. THANK YOU. OKAY. YES. UM, SO OUR GOAL WAS, UM, IN PART TO REDEVELOP THE PROJECT AND ALSO TO BRING THE PROPERTY IN LINE WITH THE ADOPTED NEIGHBORHOOD PLAN. AND THAT'S WHY NEIGHBORHOOD PLANS WERE DONE. I WORKED FOR MANY YEARS IN THE NEIGHBORHOOD PLANNING DEPARTMENT DEVELOPING NEIGHBORHOOD PLANS, AND THEY WERE DESIGNED TO PROVIDE ASURITY TO THE NEIGHBORHOOD AND TO POTENTIAL DEVELOPERS SO THAT IF YOU CAME IN FOR A ZONING REQUEST, YOU WOULD KNOW THAT IF YOUR ZONING REQUEST WAS IN LINE WITH WHAT THE NEIGHBORHOOD PLAN HAD ALREADY REQUESTED AND ALREADY SET OUT THROUGH A LONG INVOLVED PROCESS, THAT IT WOULD BE VIEWED FAVORABLY BY STAFF AND HOPEFULLY COMMISSION AND COUNCIL. SO, UM, IT IS A LITTLE FRUSTRATING THAT WE ARE BRINGING IN A, A ZONING REQUEST TO MOVE IT FROM INDUSTRIAL TO A COMMERCIAL MIXED USE, WHICH IS WHAT THE NEIGHBORHOOD HAS ASKED FOR. AND SO IT'S A LITTLE FRUSTRATING TO HEAR THAT BEING REBUFFED. UM, AND THEN TO MAKE THE EXISTING USE CONDITIONAL WOULD REALLY COMPLICATE ANY EFFORT TO MAKE IMPROVEMENTS ON THE PROPERTY BEYOND PRETTY MINOR THINGS. UH, HONESTLY, UM, WE WOULD LIKELY WITHDRAW THE ZONING CASE AT THAT POINT BECAUSE TO MAKE THE CONDITIONAL, TO MAKE THE EXISTING USE CONDITIONAL REALLY COMPLICATES ANY, LIKE I SAY, BEYOND KIND OF MINOR MAINTENANCE USE, UH, MAINTENANCE IMPROVEMENTS ON THE PROPERTY. SO, OF COURSE, THE COMMISSION IS AT, AT IT'S YOUR DISCRETION TO, TO MAKE THE, UM, THE DECISION YOU WANT. I JUST, I DO WANNA STRESS, LIKE I SAY, WE'RE BRINGING IT FROM INDUSTRIAL INTO THE USE. I RECOGNIZE THAT CONVENIENCE STORAGE IS NOT A USE THAT LONG TERM FITS IN WELL WITH HOW MANY PEOPLE ON THE COMMISSION HAVE SEEN IT. BUT WE'RE BRINGING IT FROM INDUSTRIAL INTO WHAT THE NEIGHBORHOOD HAS ASKED FOR TO ALLOW US TO BUILD UP INSTEAD OF OUT. AND I JUST WOULD, UM, LIKE I SAY, IF IF, IF THE COMMISSIONS WILL IS TO MAKE THE EXISTING USE CONDITIONAL, WE WOULD PROBABLY JUST LIKELY WITHDRAW THE ZONING CASE. THANK YOU. JUST TO CLARIFY, THE, WHAT, WHAT WE'RE PROPOSING, AND I'M NOT SURE IF I HEARD THAT RIGHT. WE ARE PROPOSING, UH, STAFF RECOMMENDATION, BUT ADDING A CO FOR THE STORAGE UNIT? UH, YES. AND THAT'S WHAT YOU SAID IF WE'RE MAKING RIGHT. WHICH IS EXISTING USE ON THE SITE. OKAY. IT IS, IT IS CURRENTLY AN EX A STORAGE UNIT YES. FACILITY. SO, AND WE, JUST FOR CLARIFICATION, WE VOTED DOWN STAFF RECOMMENDATIONS. SO WE ARE LOOKING FOR A WAY, UH, FOR A COMPROMISE WHAT I THINK WE'RE SEEKING. AND I, I LIKE WHAT COMMISSIONER AL HAS DONE, SO, BUT WE WANTED TO GET YOUR INPUT ON, ON THE DIRECTION WE'RE HEADING. THANK, SO, THANK YOU. THANK, ALL RIGHT. UH, COMMISSIONER AZAR, SHOULD I HAVE SOME CLARIFYING QUESTION FOR STAFF? MR. PEREZ? MAYBE IT'S A LAW QUESTION. HOPEFULLY YOU CAN HELP ME JUST TO UNDERSTAND. IF WE WERE TO PASS IT WITH, UH, CONVENIENCE STORAGE AS A C P, WOULD THAT MAKE THE EXISTING STORAGE USE AND NON-CONFORMING AND GRANDFATHERED USE? NO. OKAY. THE EXISTING USE IS ALREADY, CERTI HAS A CERTIFICATE OF OCCUPANCY FOR THAT USE. IT WOULD BE ANY IMPROVEMENTS IN A FUTURE SITE PLAN THAT WOULD COME [01:05:01] FORWARD, WOULD HAVE TO COME FORWARD TO THE COMMISSION IN THE FORM OF A CONDITIONAL USE SITE PLAN FOR YOUR APPROVAL. SO LIKE YOU SAID, ANY CHANGES THAT WE MAKE TO IMPROVEMENTS ON THE SITE FOR THE EXISTING USE, UM, THAT'S WHAT WOULD MAKE IT A CONDITIONAL USE THAT WOULD COME BEFORE YOU THROUGH THE PUBLIC HEARING PROCESS. AND I'M SORRY, JUST TO UNDERSTAND THAT SORT OF THE IMPROVEMENT PIECE, LET'S SAY THEY JUST DECIDE TO ADD HVAC TO EXISTING UNITS, SOMETHING LIKE THAT WOULD HAVE TO COME AS WELL, OR IF IT TRIGGERS THE SITE PLAN PROCESS, THEN YES, IT'S COMING BACK BEFORE YOU IS A CONDITIONAL USE. OKAY. I APPRECIATE THAT CLARIFICATION. THANK YOU. THANK YOU, CHAIR. ALL RIGHT. SO, UH, GOING DOWN THE KINDA LINE OF, UH, OUR SPEAKING FOR AND AGAINST, UH, WE HAVE SECONDED THIS, UH, WHO WANTS TO SPEAK? UM, COMMISSIONER MTEL, DO YOU WANNA SPEAK IN FAVOR? I CAN. IT'S UP TO YOU. WE'RE JUST, I MEAN, I THINK, YOU KNOW, WE, I I, I HEAR THE CONCERNS ABOUT HAVING THIS AS A CONDITIONAL USE FOR FUTURE SITE IMPROVEMENTS, THINGS LIKE THAT, BUT THOSE KINDS OF THINGS WOULD PROBABLY GO THROUGH ON CONSENT. IT DOES, IT DOES MAKE IT A PROCESS FOR THEM. THAT'S TRUE. BUT SIMPLE STUFF WOULD GO THROUGH ON CONSENT. I, I GUESS MY CONCERN FOR THE APPLICANT IS IF THIS DOESN'T GO THROUGH , UM, THEY MIGHT GET KNOCKED AT THEIR ZONING CASE AT ALL. OKAY. UH, SPEAKERS, UH, AGAINST THIS MOTION FOR THE MOTION. OKAY. COMMISSIONER ANDERSON SPEAKING AGAINST REPORT NUMBER FOUR. OKAY. UM, I THINK THIS IS A STRONG MOTION, THANK YOU COMMISSIONER, FOR BRINGING THIS FORWARD AND, UH, I WISH THIS WAS TOWN ZONING, BUT IT, IT DOES FEEL A LOT BETTER SAYING YES TO A ZONING CATEGORY THAT DOES MAKE SENSE. AND THEN JUST COM COMPARTMENTALIZING THE USE THAT WE'RE NOT A BIG FAN OF IN MAKING THAT A CONDITIONAL USE. AND, UH, THE APPLICANT IS WILLING OR ABLE TO PULL THIS AFTERWARDS. AND OF COURSE IT'S YOUR CALL, BUT IT, IT, DOING THE MATH, IT KINDA SEEMED LIKE IT WAS GONNA GO A DIFFERENT DIRECTION WHERE YOU WERE GONNA BE IN THAT CASE ANYWAY, SO THANK YOU. ALL RIGHT. SPEAKING FOR OR AGAINST, SPEAKING AGAINST COMMISSIONER CONLAND? UM, YEAH, I MEAN, I JUST, I HEAR THAT I APPRECIATE IT. IT'S JUST THE APPLICANT HAS STATED PRETTY CLEARLY TO US THAT, YOU KNOW, IF THERE IS A CONDITIONAL OVERLAY THAT, THAT THEY'D BE LIKELY TO WITHDRAW THE ZONING CHANGE REQUEST ALTOGETHER. UM, SO I DON'T SEE WHY WE WOULD DO THAT , OTHER THAN TO, YOU KNOW, I DON'T SEE WHY I THINK THAT THAT MIGHT BE A COMPROMISE THAT WOULD BENEFIT US HERE AT THIS MOMENT, BUT I DON'T THINK THAT THAT WOULD ACTUALLY HELP THE APPLICANT IN ANY WAY. AND I ALSO JUST, I I, I, I THINK THERE IS A BIGGER PICTURE IN FRONT OF US ABOUT, YOU KNOW, WHAT IS THE BEST DECISION FOR THE CITY AS A WHOLE. AND I, I JUST THINK IT'S CLEAR THAT THIS LOCATION, THIS GEOGRAPHY, WE SHOULD BE LOOKING FOR THINGS THAT ARE REAL TRANSIT SUPPORTIVE USES. AND I THINK AS A COMMISSION WE SHOULD SIGNAL THAT THAT IS WHAT WE WANT TO SEE IN THIS AREA. I MEAN, I KNOW THE CITY IS, YOU KNOW, NOT MOVING AS QUICKLY WITH ITS TOD PLANNING PROCESS AS I WOULD LIKE IT TO. AND SO, YOU KNOW, TO SOME EXTENT WE'RE WAITING ON THAT, BUT I JUST DON'T, I DON'T, DON'T FEEL LIKE WE SHOULD, UM, GRANT THE ZONING CASE AT ALL. OKAY. WE HAVE ONE MORE SLOT FOR EITHER OR AGAINST ONE OF EACH. WHO WANTS TO, UM, OH, COMMISSIONER HAYNES, YOU'RE UH, GOING TO THAT IN FAVOR? YES. YES, GO AHEAD. UM, JUST WANTED TO REAL QUICK. THANKS. UH, COMMISSIONER SALLER FOR, I, I LIKE THE SEEK SEEKING OF THE COMPROMISE. UH, THE REASON I DIDN'T SECOND IT IS I WANTED TO HEAR FROM THE APPLICANT. UM, I, I THINK AT THE END OF THE DAY I'M GONNA VOTE FOR IT AND THEN WE'LL GO DOWN AND THEN WE'LL SEE WHAT IS NEXT. BUT, UM, I, I GUESS JUST IN THE LARGER PICTURE AND TO ADDRESS A COUPLE OF COUPLE OF COMMENTS, WE'VE GOT, UM, WE'VE GOT A BUSINESS OWNER THAT'S, AGAIN, REQUESTING A SPECIFIC THING AND WE'VE GOT A, WE'VE GOT A, NOT ONLY IS THAT BUSINESS OWNER REQUESTING A SPECIFIC THING, BUT THAT SPECIFIC THING MEETS THE CRITERIA THAT THE NEIGHBORHOOD IS SET OUT FOR THEIR GOAL. AND THIS TOWN IS REPLETE WITH NEIGHBORHOOD PLANS. SURE. THAT NEED TO BE UPDATED. I'LL GRANT YOU THAT AND I'LL PUSH FORWARD, UH, WITH ANY MEMBER OF THIS COMMISSION TO UPDATE A LOT OF THOSE PLANS. BUT THIS, AND, AND THIS BRINGS DENSITY AND IT, IT ALLOWS FOR FUTURE DEVELOPMENT. THIS IS, TO ME, THIS IS A PERFECT CASE OF WHERE WE NEED TO BE GOING. AND, AND SURE, I WISH IT WAS A, A MULTI, UM, UNIT APARTMENT WITH LOW INCOME OPTIONS AND ACCESS TO THE, THE NEW LINE THAT'S [01:10:01] GONNA COME IN IT IF IT COMES IN AND ALL THOSE THINGS. BUT THAT'S NOT WHAT IT IS. BUT IT, IT SETS THAT FORWARD, SETS THAT PROCESS IN PLACE TO BE ALLOWED. AND THAT'S KIND OF WHERE I AM. SO THANKS TO COMMISSIONER MUSHA FOR TRYING TO SEEKING THE COMPROMISE. I APPRECIATE THAT. OKAY. WE HAVE ONE MORE SPOT. SPEAKING AGAINST THE MOTION. I, I'LL SPEAK AGAINST THE MOTION WITH STARTING OFF BY SAYING THERE'S A PART OF ME THAT'S TEMPTED TO VOTE FOR IT BECAUSE THIS WILL ACTUALLY MAKE STORAGE MORE IMPOSSIBLE ON THE SITE THAN JUST LEAVING ITS CURRENT ZONING. SO THIS IS ACTUALLY THE I OUTCOME I WANTED. THIS WOULD MAKE IT VERY HARD BECAUSE EVEN IF THEY WERE COMING BACK FOR ANY IMPROVEMENT TO THEIR EXISTING, UH, USE TODAY, THEY WOULD ACTUALLY HAVE TO COME BACK FOR A C U P. THE ONLY REASON I WOULD VOTE AGAINST IS CUZ I KNOW IF THEY EVER CAME BACK FOR A C U P, I WOULD BE VOTING AGAINST IT BECAUSE I JUST DON'T THINK THIS IS THE PLACE WHERE CONVENIENCE STORAGE USE IS MOST, UM, SORT OF SYMPATHETIC TO THE PLANNING THAT WE'RE DOING AROUND E E T O D. SO AT THIS POINT, IT WOULD JUST BE DISINGENUOUS FOR ME TO SAY, COME BACK FOR A C U P, EVEN THOUGH I HAVE EVERY INTENTION OF NEVER VOTING FOR THAT C U P. SO I WOULD BE VOTING AGAINST THIS MOTION . OKAY. WELL, I, I LIKE THE DISCUSSION, BUT, UH, IT'S TIME NOW TO VOTE. SO THIS IS THE, UM, SUBSTITUTE MOTION BY COMMISSIONER MUSH TOLER, SECONDED BY COMMISSIONER SHAW. AND THAT WAS FOR A CO, UH, FOR HELP ME OUT HERE IS FOR CO TO, UH, UM, STORAGE IS COMMISSIONS. YES. OKAY. THANK YOU COMMISSIONER AZAR. OKAY, SO WE'VE GOT, UH, LET'S GO AHEAD AND LOOK AT THE DIOCESE. START OUT THOSE IN FAVOR. ALL RIGHT, WE'VE GOT COMMISSIONER ANDERSON. ALL RIGHT. UH, LET ME MOVE TO THE SCREEN HERE. THOSE IN FAVOR. I'M SORRY. I ALSO AM VOTING IN FAVOR OF THIS SIDE. I'M SORRY. I'M TAKING ACCOUNT AND FORGETTING. ALL RIGHT, SO THEN WE GOT THOSE ON THE SCREEN AND HOWARD, ALL RIGHT. UM, AND COMMISSION. YEAH. ALL RIGHT. SO THOSE FOLKS AGAINST THIS, UM, SUBSTITUTE MOTION. ALL RIGHT. THOSE ARE THE ONES. I GOT A REPORT, SO LET'S SEE. AND OKAY. AND THOSE ON THE SCREEN VOTING AGAINST THIS ITEM. OKAY. AND ARE, AND THOSE ABSTAINING, SO THAT MOTION FAILS. FAILS, YEAH. THAT MOTION FAILS AS WELL. YEAH. ALL RIGHT. SO WE'RE BACK TO, AND AND THAT WAS COMMISSIONER WOODS, COMMISSIONER MAXWELL, COMMISSIONER COX, UM, COMMISSIONER, UH, VICE CHAIR HEMPEL. AND SORRY GUYS, I MISSED MY COUNT HERE. I AM NOT VERY ORGANIZED AND NO, COX WAS ABSTAINING. YES. WOODS, UH, MAXWELL CONLEY, VICE CHAIR HEMP WERE VOTING AGAINST. AND AZAR AZAR AND COMMISSIONER AZAR, THAT'S THE ONE I'M MISSING. OKAY. THANK YOU. UH, JUST FOR THE RECORD. THANK YOU. AND THEN, UH, MOVING ON TO THE ORIGINAL MOTION, WHICH WAS TO DENY STAFF, UH, I GUESS DENY APPLICANT'S REQUEST BY COMMISSIONER CZAR SECOND BY COMMISSIONER MAXWELL. DO WE NEED ANY DISCUSSION ON THIS ITEM AT ALL? ANYBODY FOR OR AGAINST DISCUSSION BEFORE WE TAKE A VOTE? OKAY. WE ONLY NEED ONE AGAINST NOT LEFT. ALL OTHER FIVE SLOTS ARE PENDING. OKAY. DOES IT SOUND, SOUND LIKE WE NEED IT? SO LET'S GO AHEAD AND THOSE ON THE D IN FAVOR, RAISE YOUR HAND. ALL RIGHT. THAT'S EVERYONE. THOSE, UH, VIRTUALLY THAT ARE IN FAVOR OF DENIAL. SO THAT'S JUST TO MAKE SURE THE GREEN, I'M LOOKING AT VICE CHAIR HEMPEL, UH, COMMISSIONER , ARE YOU ALSO, IS THAT GREEN OR YELLOW, PLEASE? THAT'S YELLOW STATE. OKAY. ALL RIGHT. THANK YOU. KEEP IT INTERESTING. NO STAIN. ALL RIGHT. ALL RIGHT. NOW LET'S MOVE TO THOSE VOTING AGAINST, I THINK WE DON'T HAVE ANY HERE, THOSE ON THE SCREEN. SO WE HAVE COMMISSIONER HOWARD, COMMISSIONER HAYNES, COMMISSIONER COX, VOTING AGAINST THE ITEM. UH, BUT ED RAMIREZ, YOU WERE, WHICH COLOR WERE YOU? I'M NOT STAINING. I'M OKAY. SO HAVE, HAVE SESSIONS. SO THAT PASSES IF I'M CORRECT, NARROWLY SEVEN TO FIVE WITH TWO ABSTENTIONS BY COMMISSIONER , COMMISSIONER LETTER RAMIREZ, AND, UH, NO VOTES BY COMMISSIONER HAYNES COX AND THE VICE, VICE CHAIR HEMPEL. IS THAT, I'M SORRY, MR. WHO'S THE LAST ONE? THAT'S FINE. UH, WHO IS VOTING AGAINST? IT WAS HAYNES COX AND [01:15:01] HOWARD. HOWARD HAYNES, HOWARD MCCALL. OKAY. THANK YOU. ALL RIGHT, MR. HEMP. THERE WE GO. THANK YOU. ALL RIGHT. THANK YOU. SORRY FOR THE TIME IT TOOK TO COUNT THOSE VOTES. ALL RIGHT, LET'S GO AHEAD AND, UH, MOVE ON TO THE NEXT ITEM. IF, IF IT'S SO TOF, WE'RE GONNA TAKE A BREAK. UH, YES. ITEM 15 IS NEXT. LET'S GO AHEAD AND TRY TO GET BACK HERE BY, UM, SEVEN 30 IF WE CAN. EVERY NIGHT WHEN THE SUN GOES DOWN, LOOK BEHIND THE CLOUDS. I CLOSE MY EYES AND REMEMBER THE THINGS THAT WE COULD HAVE HAD, BUT I KNOW I TRIED. THERE'S JUST SOMETHING IN YOUR EYES I COULDN'T DENY. OKAY. I JUST CAN'T WAIT TO GET YOU OFF. MY MIND CAN WARN ME THAT YOU'LL STEAL MY HEART. NEXT TIME YOU WERE IN MY HEAD, YOUR EYES, YOUR LIPS, YOU KNOCKED ME DEAD. MY HEARTLY CLIFF BELL RAPIDLY TO MY KNEES. I WAS FEELING FINE. BUT I KNOW WHO THIS GUY ETERNAL LIE IS. OKAY. I JUST CAN'T WAIT TO GET YOU OFF. MY, MY WARN ME THAT YOU'LL STEAL MY HEART NEXT TIME. OH, EVERY NIGHT WHEN THE SUN GOES DOWN BEHIND THE CLOUDS, I CLOSE MY EYES AND REMEMBER THE THINGS. WE COULD HAVE IT, BUT I KNOW I TRIED. JUST SOMETHING IN YOUR EYES. IT'S A GOOD, I JUST CAN'T WAIT TO GET YOU OFF MY MIND. WARN ME THAT YOU STEAL MY HEART. NEXT TIME. WARN ME THAT YOU STEAL MY HEART. NEXT TIME [01:20:03] I, I WANNA, I WANNA GET TIRED. I WANNA SCREAM CAUSE I CAN, WELL, THERE ARE TIMES DON'T TRUST MYSELF AND I'M FINE IN MY OWN WAY. THERE ARE TIMES WHEN DON'T LOVE MYSELF THAT I'M EXPECTING YOU TO STAY CHASE MY OWN. BUT I'LL JUST GET IN MY WAY AT THE END OF THE DAY. JUST WANT YOU TO SAY IT'LL BE MORNING, NEW JEEP. MY A AND I'M WAY, BUT I'M EXPECTING STAY. CASH IS I'LL THE JUST WANT SAY IT'LL MY FACE. IT. IT'LL BE YOUR, IT'LL BE YOUR FRIEND. ASK ME BEFORE HIS WEDDING DAY. TELL ME THE TRUTH. I'M ONLY HEAR YOU SAFES. MARY'S BLESSING. IS THAT A CURSE? I SAID IT'S BETTER. AND SOMETIMES WORSE. YOU'RE GOING BE HAPPY PLUS TIME. SO SAD FEELS GOOD. EXCEPT WHEN IT FEELS BAD. DON'T KNOW WHAT DAY AFTER DAY WON'T WEAR THAT RING. YOU WON'T WEAR THAT RING. IT'S HILL IN TO YOU. CAN'T AGREE IT'S HEAVEN SPEED AND YOUR FAMILY GROW IN HERZ, BUT YOU GROW IN, THRIVE IT ALL. YOU FEEL SO ALIVE, YOU'RE GOING BE HAPPY. PLUS THE TIME. SO SAD. IT'S GOOD. GOOD. EXCEPT WHEN IT FEELS BAD, YOU DUNNO. YOU DUNNO. DAY AFTER DAY YOU WON THAT YOU WON'T WEAR THAT. [01:25:12] UH, QUORUM. GO AHEAD AND BRING THIS MEETING BATCH TO ORDER. AND WE ARE ON ITEM 15. THIS IS THE SITE PLAN. ENVIRONMENTAL VARIANCE. WE'LL START OFF. SURE. COMMISSIONER LEE ON AMBER. UH, IF I CAN HAVE A MINUTE PLEASE. OH, SURE. THANK YOU. AND I ACTUALLY WALKED IN TODAY AND JP WAS LIKE, LIKE SOMETIMES HE SIT AND GREG. YEAH. OH, GREG, JUST, WELL, WE SPACE, WE WEREN'T SENDING THIS. YEAH, I HAD BOARD LAST. OH YEAH. WE ALL ARE REALLY SIMPLE. SOME OF THE NEW PEOPLE. OH NO. STILL MISSING DISTRICT FOUR FOR LIKE, YOU SHOULD YOU TELL ME. NO, UH, TIMOTHY LIKE A BLAST, WHICH MEANS I FINALLY SOMEONE ELSE. SO WHO WAS, HE HAD SOMEONE SINCE LAST YEAR? NO, UH, NO. LAST WAS ROBIN RYAN. NO, HE WENT TO DO THE LOBBY AND STUFF DOWN. HEY, JUST A WORD TO COMMISSIONERS ON THE D Y'ALL ARE COMING THROUGH. SO JUST FYI. SO QUIT TALKING ABOUT COMMISSIONER HAYNES THAT WAY. , I WORK IN THE LEGISLATURE WHERE THE, THE MICS IN THE, UH, IN THE HEARING ROOMS ARE ALWAYS LIVE. AND SO YOU ALWAYS HAVE TO BE CAREFUL WHAT YOU SAY IN THE HEARING MATTERS. YOU CAN GET CAUGHT QUICK. FOR THE RECORD, I DIDN'T THINK ANYTHING. I WOULDN'T SAY PUBLICLY. OF COURSE NOT. YOU WOULDN'T. I, BUT I WOULD. BUT THAT'S OUR DUTY CHAIR. COMMISSIONER LADIES, AMANDA, ANDREW, IF WE CAN REFRAIN FROM, UH, THE CONVERSATION. THANK YOU. THANKS, MR. RIVERA. CHAIR. WE'RE READY TO PROCEED. THANK YOU. OKAY, THANK YOU. WE'LL START WITH THE STAFF PRESENTATIONS. HELLO THERE. GOOD EVENING. MY NAME IS MIKE MCDOUGLE, ENVIRONMENTAL POLICY PROGRAM [01:30:01] MANAGER, DEVELOPMENT SERVICES DEPARTMENT. THE PROJECT IS RF SITE PLAN 45 44 EAST RF, SP 20 21 0 0 9 1 C. SO THE PROPERTY IS LOCATED IN THE COUNTRY CLUB, WEST WATERSHED. IT'S CLASSIFIED AS SUBURBAN WATERSHED. IT'S THE DESIRED DEVELOPMENT ZONE, AND IT'S NOT LOCATED OVER THE EDWARDS AQUA RECHARGE ZONE. SO THE PROPERTY IS THERE, THE, UH, NORTH OF THE INTERSECTION OF RF AND WICKERSHAM. IN SUMMARY, THE SITE IS APPROXIMATELY 1.9 ACRE SITE LOCATED AT THE INTERSECTION OF EAST OLD TORF AND WICKERSHAM LANE. AND THE PROJECT IS UNIFIED RETAIL DEVELOPMENT WHEN THE ASSOCIATED DETENTION POND AND A RAIN GARDEN ELEVATION RANGES ON THE SITE FROM APPROXIMATELY 558 FEET MSL ALONG WICKERSHAM OF 520 FEET IN THE WEST. SO ABOUT 40 FEET OF, UH, FALL ACROSS THE PROPERTY. SO THERE ARE SOME SITE CONSTRAINTS WITH REGARD TO THE REGULATIONS. SO, UM, ACCESSIBILITY REGULATIONS AND DRAINAGE FLOWS ARE ONE CONCERN. THE, UH, THE LOWEST PORTION OF THE SITE HAD BE RAISED A 5 52 FEET MSL TO ALLOW FOR FLOW TO DRAINAGE TO THE POND. AND IN COMMERCIAL DESIGN STANDARDS NECESSITATED THE LOCATION OF THE DRIVEWAY. UM, IN SUMMARY, ONE OF THE VARIANCES BEING REQUESTED IS TO PUT THE DRIVEWAY AND SLOPE OVER 15%. THE FIRST THING THAT STAFF ASKED THE APPLICANT WAS, CAN YOU PUT THE DRIVEWAY SOMEWHERE THAT IS CODE COMPLIANT, NOT ON SLOPES OVER 15%. AND THE APPLICANT SAID, WELL, COMMERCIAL DESIGN STANDARDS REQUIRE THE BUILDING HERE. THE DRIVEWAY'S GOTTA BE THERE, THERE BEING SLOPES OVER 15%. SO THERE WASN'T REALLY AN OPPORTUNITY TO MOVE THE DRIVEWAY TO COMPLY WITH THE CONSTRUCTION SLOPES LIMIT. SO THAT BRINGS, UH, BRINGS ME TO THE VARIANCE REQUEST. SO THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW DRIVEWAYS ON SLOPES OVER 15%. LAND DEVELOPMENT CODE 25 8 3 0 1, A VARIANCE TO ALLOW CUT UP TO EIGHT FEET. LAND DEVELOPMENT CODE 25 8 3 41 AND VARIANCE WILL ALLOW FILL UP TO 20.5 FEET. LAND DEVELOPMENT CODE 25 8 3 42. AND SO THIS IS THE, UH, THE GRADING EXHIBIT. UH, IT'S A SITE PLAN WITH THE, UH, THE GRADING. AND SO IF YOU LOOK AT THE LEDGE IN THE ELEVATIONS TABLE, THE ORANGE IS CUT TO EIGHT FEET. UM, AND THEN THE BROZ COLOR IS FILLED UP 20.5 FEET. SO YOU CAN SEE ON THE NORTHWEST CORNER THERE'S FILL PROPOSED. AND THEN IN OTHER AREAS, UH, WELL, THERE'S UP TO 20.5 FEET OF FILL PROPOSED. AND THEN THE PINK IS UP TO 16 FEET OF FILL. UM, THE LIME GREEN UP TO 12 FEET OF FILL, AND THEN THE BLUE UP TO EIGHT FEET OF FILL. AND THEN THE ORANGE, A LITTLE BIT OF CUT UP TO EIGHT FEET. AND SO THE APPLICANT IS PROPOSING A RETAINING WALL TO CONTAIN THE FILL. THAT'S A PRETTY STANDARD PRACTICE. A STRUCTURAL CONTAINMENT IS HOW IT'S DESCRIBED. AND THIS IS ALSO THE, UH, THE SLOPES. UM, SO THE, THE CROSS HATCHING IS FILL FROM FOUR TO EIGHT FEET ON SLOPE ARE 15%, AND THEN THE TURQUOISE IS FILL OVER EIGHT FEET AS WELL. SO, SO FILL FROM FOUR TO EIGHT FEET IS ABOUT ON SLOPES, 15% IS ABOUT 3,500 SQUARE FEET FILL UP TO 20 OH, OVER EIGHT FEET, UP TO 20 FEET IS ABOUT 18,000 SQUARE FEET. AND THEN YOU CAN SEE THE DRIVEWAY THERE, THE DRIVEWAY AND UL TURF AND WEER SHAM. AND THIS IS THE SLOPE EXHIBIT. UH, YELLOW IS SLOPES FROM ZERO TO 15. GREEN IS SLOPES FROM 15 TO 25%, AND BLUE IS SLOPES OVER 25%. SO THE APPLICANT HAS ADJUSTED THE BUILDINGS TO BE ON THE FLATTER AREAS. CONSTRUCTION ON SLOPES IS LIMITED FOR DRIVEWAYS, PARKING AND BUILDINGS. SO THE APPLICANT DID ADJUST THE BUILDING LOCATION AS MUCH AS POSSIBLE IN THE PARKING LOCATION TO AVOID THE STEEP SLOPES. BUT YOU CAN SEE THE DRIVEWAY COMING OFF OF THESE OLD TURF WAS ON STEEP SLOPES. AND SO, UH, WHAT I WAS SPEAKING TO EARLIER WA ABOUT THE CAN YOU APPLICANT PLEASE PUT THE DRIVEWAY SOMEWHERE ELSE TO NOT BE ON STEEP SLOPES. MY FIRST QUESTION WAS, CAN YOU MOVE THE DRIVEWAY ON RF A LITTLE BIT TO THE SOUTHEAST? AND THAT'S WHERE THE APPLICANT CAME BACK, SAID, NO COMMERCIAL DESIGN STANDARDS REQUIRE THE BUILDING TO BE LOCATED THERE, SO THAT PUSH THE DRIVEWAY ONTO THE STEEPER SLOPES. THE APPLICANT HAS ALSO ADVISED THAT, UH, THAT THE AMOUNT OF FILL IS NECESSARY FOR, UH, ADA REQUIREMENTS, UH, SO THAT A PERSON COULD PARK ANYWHERE WITHIN THE AREA AND THEN HAVE ACCESSIBILITY TO ANY OF THE BUILDINGS ON THE SITE. SO IN CONTRAST TO MAYBE HAVING A STEEPER SLOPES ON THE, ON, ON THE, UH, IN THE PARKING AREA AND MAYBE STAIRS AS WELL. SO THAT WAS, UH, ANOTHER CONSIDERATION FOR THE, THE, UH, AMOUNT OF GRADING BEING PROPOSED. AND SO, UM, STAFF DOES RECOMMEND THE VARIANCE BECAUSE THE FINDINGS OF FACT AND LAND DEVELOPMENT CODE HAVE BEEN MET. SO LAND DEVELOPMENT CODE 25 8 41 IS CALLED THE FINDINGS OF FACT. AND THE STAFF MUST ANSWER THOSE FINDINGS OF FACT. AND IF THEY, AN, IF THEY'RE ANSWERING THE AFFIRMATIVE STAFF IS OBLIGATED TO RECOMMEND SUPPORT FOR THE VARIANCE. BASED ON THE INFORMATION PROVIDED BY THE APPLICANT AND THE FINDINGS OF FACT QUESTIONS, STAFF IS RECOMMENDING APPROVAL OF THE VARIANCE. UM, THERE ARE CONDITIONS ASSOCIATED WITH THE VARIANCES. ONE CONDITION. STAFF CONDITION IS PROVIDED EIGHT ADDITIONAL TREES AT THREE INCHES, UH, THREE H MINIMUM CALIBER ON SITE, SO 24 INCHES OF ADDITIONAL TREES AND IS REQUIRED AND STRUCTURAL CONTAINMENT OF FILLED WITH THE RETAINING WALLS. THE ENVIRONMENTAL COMMISSION ALSO APPROVED THE VARIANCE, UH, VARIANCES, UH, WITH A VOTE OF SEVEN TO TWO, AND THEY ADDED THEIR OWN CONDITIONS. [01:35:01] AND THOSE ARE A LITTLE BIT LARGER ON THE NEXT SLIDE, BUT YOU CAN SEE ON THE, ON THE ON PAGE TWO, ABOUT A QUARTER OF THE WAY DOWN, VOTE SEVEN TO TWO IN FAVOR OF THE VARIANCE REQUEST. UM, AND THEN SO STAFF CONDITIONS ARE ITEMS ONE AND TWO AT THE VERY TOP. AND THEN THE ENVIRONMENTAL COMMISSION CONDITIONS RECOMMENDED WERE, WERE RECOMMENDED SIX OF THEM. THEY RECOMMEND DARK SKIES LIGHTING THAT CAST DOWN TO REDUCE LIGHT EMITTING INTO THE ADJACENT PROPERTIES, INCLUDING THE LIGHTING FOR BUSINESS SIGNAGE. THEY WANTED TO MINIMIZE LIGHTING DURING NON-BUSINESS HOURS WHILE STILL MEETING SAFETY NEEDS. THEY ASKED THE APPLICANT TO REVIEW THE SITE WITH STAFF TO SEE IF THERE WAS SPACE TO ADD ADDITIONAL TREES. UM, AND THAT GOES TO SOIL VOLUME, NOT JUST IS THERE ENOUGH PHYSICAL ROOM FOR THE TREE TRUNK, IS THERE ENOUGH SOIL VOLUME? IF THE TREES ARE PLANTED DUE DENSELY, THEY, THEY WOULD BE UNLIKELY TO THRIVE OR EVEN SURVIVE. UM, AND THEN CONSIDER INSTALLING ELECTRIC VEHICLE CHARGING SPACES FOR EMPLOYEES OR AS A BUSINESS OPPORTUNITY FOR THE CONVENIENCE STORE PROPRIETOR. INSTALL RECYCLING STATIONS FOR PATRONS AND BUSINESSES ON THE PROPERTY, FOLLOW ALL COMMERCIAL RECYCLING REQUIREMENTS. CONSIDER ADDING NATIVE POLLINATOR FRIENDLY PLANTS AND PROHIBIT GASOLINE SALES OR GAS STATION BUSINESS ON THE PROPERTY. AND THIS IS JUST THE, UH, THE, UM, EXHIBITS, AGAIN, THE, THE THE CUT FILL EXHIBIT THERE ON THE LEFT AND ON THE RIGHT WAS IS THE, THE PLANTING SCHEDULE. UM, BUT BASICALLY THAT'S THE, THE SCHEDULE ATTEMPTING TO SHOW THE ADDITIONAL TREES BEING PROPOSED. SO THE APPLICANT IS PROPOSING MEXICAN SYCAMORE EIGHT ADDITIONAL TREES AT THREE INCH MINIMUM CALIPER DIAMETER. AND SO IT'S JUST SHOWING THE ADDITIONAL TREES THAT WOULD BE LOCATED, THE YELLOW THAT IS ABOVE AND BEYOND WHAT'S ALREADY REQUIRED FOR TREE MITIGATION AND LANDSCAPE REQUIREMENTS. AND WITH THAT, I WOULD LIKE TO SAY THANK YOU AND OFFER, OFFER TO ANSWER ANY QUESTIONS YOU MIGHT HAVE FOR STAFF AND ALSO GIVE THE APPLICANT A TIME TO OPPORTUNITY TO, TO PROVIDE HIS PRESENTATION. THANK YOU. THANK YOU CHAIR. WE'LL NOW HEAR FROM THE APPLICANT FOR A, UM, UH, FIVE MINUTE REMARKS. THANKS, MIKE. UH, MY NAME'S JIM WHITTLER AND I'M HERE ON BEHALF OF THE APPLICANT. SO I THOUGHT I'D START WITH A QUOTE FROM ONE OF MY FAVORITE ALL TIME TEXANS, ANNIE RICHARDS, AND SHE SAID, AFTER ALL, GINGER ROGERS DID EVERYTHING THAT FRED ASTAIRE DID. SHE JUST DID IT BACKWARDS AND IN HIGH HEELS. SO, UH, WHY AM I GIVING YOU THAT QUOTE? BECAUSE WHEN WE NEGOTIATED WITH THE MONACO FOLKS NEXT DOOR, THEY SAID, WELL JUST BUILD IT WITHOUT, UH, PHIL, YOU KNOW, THAT'S HOW YOU CAN, WE MULTIFAMILY SITES WERE DONE WITHOUT PHIL, JUST DO IT WITHOUT PHIL. SO I'M GONNA CALL MULTIFAMILY SITES FRED ASTAIRE. AND YOU CAN SEE AT THE TOP THERE'S 10 DIFFERENT AREAS THAT THE CITY'S GONNA LOOK AT FOR SITE PLAN COMPLIANCE FOR FRED ASTAIRES. AND THEN DOWN AT THE BOTTOM IS THE GINGER ROGERS. THAT'S A RETAIL SITE. SO EVERYTHING THAT FRED DID ABOVE ALL 10 OF THOSE THINGS. PLUS, AS MIKE SAID, COMMERCIAL DESIGN STANDARDS AND ADA ACCESSIBILITY TO EVERY STOREFRONT. SO MIKE KIND OF HIT THIS, I'M NOT GONNA TAKE A LOT OF TIME, UH, BUT THE, THE VARIANCES, UH, IT, THE COMMISSION DOES HAVE THE RIGHT TO GRANT, UH, THESE VARIANCES IF YOU DETERMINE THAT, UH, UH, WERE DEPRIVED OF PRIVILEGES APPLICABLE TO OTHER SIMILARLY SITUATED PROPERTY, OR THE VARIANCES ARE NOT NECESSITY BY OUR SCALE LAYOUT, CONSTRUCTION, OR METHOD OF DIS DEVELOPMENT. THE VARIANCES ARE THE MINIMUM DEVI DEVIATION NECESSARY TO ALLOW REASONABLE USE. THEY DO NOT CREATE A SIGNIFICANT PROBABILITY OF HARMFUL ENVIRONMENTAL CONSEQUENCES, AND IT WILL RESULT IN WATER QUALITY EQUAL OR BETTER. IN OUR CASE, IT WILL BE BETTER WATER QUALITY. OKAY, MIKE HIT THIS ONE PRETTY GOOD. I'M NOT GONNA SPEND A LOT OF TIME ON IT. UH, I WILL JUST SAY THIS, 57% OF THE SITE REQUIRES NO CUT AND FILL VARIANCES. WE DO HAVE A TOTAL OF ABOUT 43% THAT RANGES FROM FOUR FEET TO, IN A, A SMALL AREA, WHICH IS 3,500 SQUARE FEET. IT GOES UP TO 20 FEET. SO AGAIN, THE CONVERT COMMERCIAL DESIGN STANDARDS, THEY SAY ON THE SUBURBAN WATERSHED, WHICH IS US, YOU HAVE TO BUILD TO THE CORNER OF THE INTERSECTION. SO WICKER SHAM IS HIGH, WICKER SHAM IS DOWN AT THE BOTTOM OF THIS PAGE. OLD TURF IS OFF ON THE LEFT AND OLD TURF SLOPES DOWN AT A RATHER STEEP UH, GRADE. SO WE DROPPED THAT BUILDING FOUR FEET FROM WICKER SHAM. SO NORMALLY YOU WOULD, YOU WOULD HAVE THE SIDEWALK UP WHERE WICKER SHAM IS, THAT'S WHERE THE BUS STOPS ARE. AND, UH, BUT WE DROPPED IT DOWN FOUR FEET SO THAT IT'S ACCESSIBLE FROM A SIDEWALK ON RF AS YOU GO DOWN THE SLOPE, UH, THIS IS THE STORMWATER DRAINAGE PATH FOR WATER THAT COMES ONTO THIS PROPERTY. AND IN A HUNDRED YEAR FLOOD, THE ENGINEER SAID IT'S 301,000 GALLONS PER HOUR THAT ARE CURRENTLY SHEET FLOWING OFF THIS PROPERTY AND RUNNING DOWN ONTO THE MONACO CONDOMINIUM SITE. SO WE'RE GONNA CAPTURE ALL 301,000 GALLONS. WE'RE GONNA ROUTE IT IN, UH, UH, [01:40:02] UH, PIPES THROUGH THE PARKING LOT. WE'RE USING PIPES BECAUSE WE CAN GO WITH A LOT FLATTER GRADE. THAT AGAIN, HELPS US KEEP OUR, OUR, OUR HEIGHT AS MINIMUM AS POSSIBLE. WE ROUTE IT ALL THE WAY DOWN. IT HAS TO GO TO THE WATER QUALITY POND FIRST, THEN IT HAS TO GO TO THE DETENTION POND, THEN IT HAS TO GO OUT TO OLTORF TO, UH, THE PIPE. NOW, UH, THE DRAINAGE CRITERIA MANUAL SAYS WE HAVE TO GO INTO THE STORM SEWER. THEY DON'T WANT US DUMPING ALL THAT WATER INTO A CREEK, BUT WE WERE, IF YOU NOTICE UP, UP TO THE TOP RIGHT BELOW THE ESSENCE STORMWATER, YOU SEE A COUPLE LITTLE ARROWS THERE. SO WE NEGOTIATED WITH THE CITY TO LET US TAKE THE VERY BOTTOM OF THE POND AND RUN IT OUT INTO THE CREEK SO THAT WE COULD LOWER THE POND. THAT ALLOWED US TO LOWER IT FIVE AND A HALF MORE FEET. SO WHAT WE'RE STUCK WITH WHAT WE HAVE, THIS IS A MAP FROM THE CITY GIS. ALL THE ORANGE AREAS ARE SLOPES OVER 15%. YOU CAN SEE MOST OF THIS AREA IS SLOPES OVER 15%. SO HOW ARE THINGS SOLVED? THESE ARE ALL PICTURES OF RETAINING WALLS WITHIN A ONE MILE RADIUS OF THE SITE. THIS IS THE WAY PEOPLE DO IT. IT'S RETAINING WALLS. SOME OF THESE ARE OLDER SITES, SOME OF THEM ARE NEWER SITES, BUT THAT'S HOW PEOPLE DO IT. THEY DO IT WITH RETAINING WALLS. OKAY, YOU'RE ALL FAMILIAR WITH, UH, THE CHARLIE BROWN KICK THE FOOTBALL, UH, CARTOON. SO FOR MY EXAMPLE HERE, CHARLIE, CHARLIE BROWN IS GONNA REPRESENT OUR CLIENT. AND LUCY VAN PELT IS GONNA REPRESENT THE ATTORNEY FOR MONACO. SO AS WE WENT THROUGH THIS THING, WE STARTED LAST DECEMBER TALKING AND WE SAID, CAN WE PLEASE MEET TO DISCUSS THIS? WELL, THERE'S TOO MANY ISSUES TO DISCUSS. LAST MARCH AND APRIL, UH, WE SAID WE'RE REQUIRED TO COMPLY WITH COMMERCIAL DESIGN STANDARDS. AND THE ANSWER WAS, WELL, THE 2002 MULTIFAMILY SITE PLAN DIDN'T HAVE TO DO THAT. IN MAY OF 2023, WE AGREED TO INCORPORATE ALL OF THEIR ENGINEERS RECOMMENDED CHANGES. AND THE ANSWER I GOT WAS, TONY DOESN'T DECIDE. ONLY I DECIDE. I'LL, I'LL STOP RIGHT THERE. YOU GET THE POINT. THANKS. UH, IF I CAN ADD ONE THING, WE HAVE ANOTHER SPEAKER WHO'S AN ATTORNEY THAT WAS NEGOTIATING WITH THE ATTORNEY ON THE OTHER SIDE. HE SIGNED UP LAST WEEK, UH, TO SPEAK WHEN IT GOT POSTPONED, HE DIDN'T KNOW THAT YOU HAD TO SIGN UP AGAIN, SO HE CAN ONLY SPEAK IF Y'ALL ASK HIM A QUESTION. THANK YOU. WHAT IS THE NAME OF THE, YOUR ATTORNEY? HIS NAME IS KEVIN CHILDS. KEVIN CHILDS. OKAY. THANK YOU. THANK YOU, CHAIR. WHEN I'LL HEAR FROM, UH, THE OPPOSITION, UM, WE DO HAVE A PREFERRED ORDER PROVIDED BY THE OPPOSITION AND I WILL, UM, PRESENT IN THAT FASHION. WE'LL BEGIN WITH MS. CONNIE HAIR. MS. HARRY HAVE FIVE MINUTES. WHY? JUST ADVANCE IT WITH THE ARROW? YES. OKAY, WORKS. THANK YOU. MY NAME IS CONNIE HIER. I'M REPRESENTING MONACO CONDOMINIUM ASSOCIATION. UM, I STRONGLY TAKE ISSUE WITH THE CHARACTERIZATION OF MR. TIFF, BUT I WILL MOVE PAST THAT. UM, MONACO IS THE CONDOMINIUM COMPLEX ADJACENT TO THE GREEN SPACE THAT UC. UM, THIS IS BUILDING FOUR, WHICH IS RIGHT NEXT TO THE PROPOSED DEVELOPMENT SITE, SLIGHTLY SLOPING. IT'S ABOUT 20, 25 FEET FROM THE PROPERTY LINE. UH, THIS IS A RENDERING OF A 20 FOOT RETAINING WALL. UM, THIS IS LOOKING THE OTHER WAY, A 20 FOOT RETAINING WALL THAT LITERALLY PEOPLE ON THEIR SECOND STORY BALCONY WOULD LOOK OUT INTO. AND THE PEOPLE ON THE FIRST STORY WOULD BE IN A HOLE. THIS IS A SIMILAR RETAINING WALL THAT'S ON BEE CAVES ROAD RIGHT OFF OF MOPAC. YOU'VE PROBABLY DRIVEN PAST IT A MILLION TIMES. SO PICTURE THIS RETAINING WALL WITH 25 FEET OF BUILDINGS ON TOP OF IT. AND THAT'S WHAT THESE FOLKS IN THE AUDIENCE TODAY ARE GOING TO BE LOOKING AT OFF OF THEIR BACK SIDEWALK. UM, JUST FOR SCALE, THIS IS A BERLIN WALL. IT'S A 13 FOOT WALL. SO THEY'RE ASKING FOR A WALL ONE THIRD TALLER THAN THE WALL. YOU SEE IN THAT PICTURE THAT THESE FOLKS ARE GONNA BE LOOKING AT UP THEIR BACK PORCH. UM, SO WE, I MET WITH, UM, ON A ZOOM WITH MR. WHITLOW AND THE BOARD OF DIRECTORS OF THE ASSOCIATION BACK IN NOVEMBER. UM, WE WERE TOLD, UM, OBVIOUSLY YOU MIGHT IMAGINE THE BOARD TOOK ISSUE AND ASKED QUESTIONS ABOUT THE RETAINING WALL, WHY THEY HAVE TO BE THIS BIG. WE WERE TOLD IT HAS TO BE BUILT THIS WAY FOR ADA, WHICH IS NOT THE CASE. UM, AND YOU'LL HEAR MORE ABOUT THAT FROM MR. CHAISE, THE ENGINEER AND CITY REQUIREMENTS. AND WE DIDN'T GET INTO THAT A LOT, BUT PERHAPS SOMETHING TO DO WITH DRAINAGE. MY CLIENT HAS TOLD THEM FROM DAY ONE, WE'D BE HAPPY TO GIVE AN EASEMENT IF THAT'S NEEDED, BECAUSE THERE IS A NATURAL FLOW OF WATER THROUGH A PIPE THROUGH MY CLIENT'S PROPERTY. UM, THAT IS A HECK OF A LOT BETTER THAN A 20 FOOT RETAINING WALL ON [01:45:01] YOUR BACKYARD. UM, THE ENGINEERS MET TO DISCUSS OUR, OUR DIRECTION TO TONY WAS GO SEE IF WHAT THEY'RE, WHAT THEY'RE SAYING IS ACCURATE, DO THEY HAVE TO BUILD THIS WAY FOR ADA? AND HE SAID, NO, THEY COULD DO THIS, THIS, AND THIS AND THIS. AND THE PRIMARY OBJECTIONS ARE THE HEIGHT OF THE WALLS. WE'VE GOT 20 FOOT WALLS DOWN THE LENGTH OF THE PROPERTY WITH 25, 26 FEET OF STRUCTURE ON TOP OF THEM. SO OWNERS LOOKING UP AT ABOUT 45 FEET OF STRUCTURE FROM THEIR BACKYARD. TONY WILL TALK TO YOU MORE ABOUT THE WATER SPILLOVER. THERE'S A, THERE'S A SPILLOVER FROM THE RETENTION POND THAT WITH WOULD POUR THAT 301,000 GALLONS OF WATER PER HOUR INTO BUILDING ONE OF MONACO. THE VARIANCE APPLICATION SAYS THEY HAVE TO HAVE THIS TO HAVE A USABLE SITE AREA. THEY'RE NOT DOING ANYTHING SPECIAL. WELL, THEY, THEY HAVE TO HAVE IT IF THEY WANT A FLAT LOT ON SLOPING TERRAIN, BUT THEY DIDN'T BUY A FLAT LOT. THEY BOUGHT SLOPING TERRAIN. AND WE WOULD RESPECTFULLY SUBMIT THAT IT'S NOT THESE HOMEOWNERS DUTY TO LIVE IN A HOLE SO A DEVELOPER CAN MAXIMIZE HIS DEVELOPMENT ROI. UM, AS FAR AS NOT ASKING FOR SOMETHING SPECIAL, THIS IS MONACO ON THE LEFT. THAT'S A TYPICAL RETAINING WALL AT MONACO. IT'S PRETTY FAR AWAY FROM THE DEVELOPMENT SITE BECAUSE THE, THE BOTTOM LEFT IS THE DEVELOPMENT SITE ADJACENT. THIS ON THE RIGHT IS A 20 FOOT WALL. I MEASURED IT MYSELF, TOOK A PICTURE JUST FOR SCALE. THAT'S, THAT'S WHAT THEY'RE ASKING TO BUILD. UM, THERE WAS A 2002 SITE PLAN APPLICATION AND A 2013 SITE PLAN APPLICATION THAT WERE NEVER BUILT ON. IT'S A DIFF IT'S TRICKY TO BUILD ON THE LOT. THERE'S, THERE'S EXPANSIVE CLAY SOILS. THEY'RE SHIFTING. YOU'LL HEAR FROM THESE OWNERS THAT THEIR SOILS ARE SHIFTING ALL THE TIME. UM, MAYBE THAT'S WHY THESE DIDN'T GET BILLED, BUT NEITHER ONE OF THEM ASKED FOR A CUT AND FILLED VARIANCE, AND BOTH OF THEM WERE UNDER ADA. UM, WE'VE BEEN ACCUSED OF, WE WON'T COMPROMISE. WELL, WE, WE HAVE, I I THOUGHT WE'VE HAD PRETTY DECENT DISCUSSIONS FOR THE LAST SIX MONTHS, BUT THE LAST COMPROMISE PROPOSAL DIDN'T DO ANYTHING ABOUT 20 FEET OF WALLS DOWN THE ENTIRE PROPERTY LINE. UM, THERE ARE SOME TITLE ISSUES. Y'ALL ARE PROBABLY FAMILIAR WITH THE BALANCE OF THE ORIGINAL TRACT REQUIREMENT WHILE MY CLIENT'S LAND UNBEKNOWNST TO THEM, AND IN VIOLATION OF CITY ORDINANCE, UM, WAS LEFT AS A REMAINDER. IF YOU SEE THAT CIRCLE ON LOT FOUR, REMAINDER OF LOT FOUR, THE DEVELOPER WHO DEVELOPED THIS WHOLE THING, UM, KIND OF PULLED A FAST ONE. BUT LONG STORY SHORT, I DID A PUBLIC INFORMATION REQUEST. THERE WAS NOT ONE BALANCE OF THE ORIGINAL TRACT LETTER, UM, SENT NOT ONE PIECE OF EVIDENCE ABOUT IT FOR THE 2013 PLAT. SO IT, IT'S OUR POSITION THAT THIS IS NOT EVEN A LEGAL LOT, THAT IT'S STILL LOT FOUR ONE BIG LOT. AND, UH, I THINK THAT IT WAS, IT SHOULDN'T HAVE GONE FORWARD AT ALL IN 2013 BECAUSE THAT REQUIREMENT WASN'T MET. AND, YOU KNOW, THAT'S, THAT'S SPILLED MILK. UM, PERHAPS FOR, FOR YOUR CONSIDERATION, BUT WE'RE JUST ASKING YOU NOT TO DOUBLE DOWN ON THAT MISTAKE. WE HAVE PROPOSED ALTERNATE PLANS JUST FOR THEIR, THIS IS HOW YOU COULD DO IT. TONY CAN TALK ABOUT THAT MORE. AND WE ARE REQUESTING THE CUT AND FILL VARIANCE. THERE ARE MANY DESIGNS THAT WOULD NOT BE THIS INTRUSIVE AND DETRIMENTAL TO THE SURROUNDING HOMEOWNERS AND THEIR LARGEST INVESTMENT. THANK YOU. THANK YOU. WE'LL NOW HEAR FROM MR. ANTHONY SHEES. THANK YOU. THEY HAVE THREE MINUTES. THIS WILL BE FOLLOWED BY ALAN STEWS SLIDE WAITING ON MY, MY SLIDE. I'M ANTHONY CHAISE. I REPRESENTS THE HOMEOWNER ASSOCIATION. I'M A CIVIL ENGINEER, AND, UH, I'D LIKE TO SHARE WITH YOU, UH, SOME OF THE FACTS BASED ON THEIR CONSTRUCTION PLANS AND SOME OF THE DISCUSSION I HAVE WITH, UH, WITH THEM. SO, CHAIR, BEAR, BEAR WITH US JUST ONE MINUTE. THANK YOU. CAN I CONTROL THE SLIDE? YEAH, JUST THE ARROW, RIGHT. OKAY. UM, QUICK NOTE, UH, TALKING ABOUT EXISTING CONDITION. UH, THIS IS, [01:50:01] UH, BASED ON THEIR CONSTRUCTION PLAN BUILDING ONE THAT HAS AN AVERAGE SLAP OF FIVE 18. THE NATURAL GRADE AT THE PROPERTY LINE IS FIVE 20, BUILDING FOUR IS GET CLOSER TO THAT PROPERTY LINE. HAS, UH, SLAB ELEVATION OF 5 34 WITH, UH, NATURAL GRADE, UH, AT, UH, THE PROPERTY LINE OF FIVE, UH, 38. SO JUST PUT IT IN PERSPECTIVE, KIND OF MATCH WHAT CONNOR WAS SHOWING YOU. I'M NOT GONNA GO OVER THE CUT AND FILL. YOU'VE SEEN IT. UM, WITH RESPECT THE IMPACT OF THIS, UH, VARIANCE ON THIS PROPERTY BUILDING ONE, WHICH IS THE TOP. IT'S APPROXIMATELY 65 FEET AWAY FROM THIS RETAINING WALL THAT, UH, HOLD THE POND IN PLACE. THAT RESIDENCE ON BUILDING ONE WOULD BE LOOKING AT 24 FEET WALL. AND THIS POND WOULD BE HOLDING EIGHT FEET OF WATER UNDER THE A HUNDRED YEAR STORM EVENTS. AND IF YOU LOOK AT THAT SHADED AREA, WHICH IS, UM, KINDA LIKE AN OVERLOOK PAD, IT'S, UH, 31 FOOT WALL. LOOKING AT, UH, BUILDING FOUR, UH, THERE, THEY WILL BE LOOKING AT, UH, 20 FEET OF RETAINING WALL ON TOP OF 20 OR 26 FEET. UH, BUILDING THAT 20 FEET IS A LAUNDROMAT. AND THE 26 FOOT WALL OR BUILDING HEIGHT IS, UH, FOR THE GENERAL STORE. SO YOU THAT YOU WILL YIELD APPROXIMATELY 40 FEET OR 46 FEET. AND THE AVERAGE DISTANCE BETWEEN BUILDING FOUR AND FACE OF THESE WALLS ARE 20 FEET TO 26 FEET, RIGHT IN THE MIDDLE OF IT. FOR SOME REASON IT'S NOT WORKING. HERE WE GO. OOPS, SORRY. UH, THIS IS THE ELEVATION THAT THEY PROPOSE. UH, THE ONE IN MIDDLE IS, UH, IF THE ONE ON THE LEFT IS THE LAUNDROMAT WITH THE WINDOWS. AND THE ONE ON THE RIGHT SIDE IS THE, THE BACK OF THAT, UH, UH, CONVENIENCE STORE THAT THEY'RE PROPOSING. UH, AGAIN, THIS IS SUMMARY SOME OF THE INFORMATION WE HAVE. UM, WHAT THEY PROPOSE TO BUILD IS A LIMESTONE, UH, KIND OF STACK OR STACK WALL. AS YOU NOTICE, UH, TO HOLD THE PAD, YOU HAVE TWO WALLS AND THE FOUNDATION OF THE UPPER TIER KIND OF SIT ON TOP OF THE BOTTOM WALL. AND IT'S THE SAME CONCEPT APPLY FOR TO HOLD THE TWO BUILDINGS, WHICH THESE ARE VERY LARGE BUILDINGS. THE INTEGRITY OF THE SOIL SHOULD PLAY A BIG FACTOR IN THIS, UH, THIS DISCUSSION. WHEN I MET WITH MR. UH, TIFF AND HIS ENGINEER, WE DISCUSS THE POSSIBILITY OF REDUCING THESE WALLS AND CREATE DIFFERENT SETTING FOR THIS WALLS. UH, THIS IS THE WALL. THE WALL FOR THE POND IS MOST LIKELY WOULD BE A RETAINING WALL WITH THE TOP WALL. THE FIRST ONE IS, HAS A FIVE 40, UH, TWO. KEEP IN MIND THE BUILDING IS AT FIVE 18. SO THAT'S SIGNIFICANT. WALL WITH THE OUTFALL IS BEING AT 5 29, WHICH IS EIGHT FEET ABOVE THE NATURAL GRADE THAT DISCHARGE STRAIGHT TO TO THE HOMEOWNER ASSOCIATION. UM, ON NEXT A MINUTE. YEAH, GO, GO AHEAD. UM, DO DO, THANK YOU. UM, THIS IS THAT SIMILAR WALL ON B CAVE ROAD. YOU CAN SEE IT FAILED MULTIPLE TIMES. THE DIFFERENCE BETWEEN B CAVE WALL AND WHAT THEY'RE PROPOSING. THERE'S NO LANDSCAPE BETWEEN THE TWO WALLS TO HIDE OR GIVE YOU MORE STABILITY FOR, FOR, FOR THESE HIGH WALLS. IN ADDITION TO IT, YOU'RE GONNA HAVE A NICE BUILDING THAT SIT ON TOP OF THEM. THEY PROPOSE THE SITE PLAN, ELIMINATING THE LAUNDROMAT AND MOVE THE CONVENIENCE STORE TO THE RIGHT. WE ASK THEM TO ELIMINATE THE ACCESS POINT CLOSER TO WCA SHAM AND SLOPE THAT THE DRIVE TO, TO GIVE THEM THE ACCESS TO THEIR PARKING LOT'S. KIND OF SIMILAR TO THE RANDALL SHOPPING CENTERS IN LAKEWAY, WHICH AS YOU CAN SEE, IT'S EASILY ACHIEVED AND DONE EVERYWHERE WITH THAT, UH, THE BUILDING HUGE WALLS. AND THIS IS THAT THE SITE PLAN THAT, UH, MS. HARE, UH, MS. HAY, UH, RECOMMENDED OR SHOWED IS IN 2013. THIS SITE PLAN IS A CONDO WITH THE SURFACE PARKING LOT. DID NOT REQUIRE CUT AND FILL VARIANCE ACCORDING TO CEDAR RECORDS. THIS IS THE SITE PLAN FOR FROM 2002 FOUR CONDO BUILDINGS. THAT SWIMMING POOL THAT YOU SEE OVER THERE, THIS IS THE ELEVATION, UH, FAIL AND THEY HAVE TO REMOVE IT. UH, ONE OF, UH, THE RESIDENTS WILL, WILL BRING YOU UP TO SPEED ON WHAT IT IS. I'LL BE MORE THAN HAPPY TO ANSWER YOUR QUESTIONS. OKAY. THANK YOU. THANK YOU. WE'LL NOW HEAR FROM MR. ALLEN STEVENS, FOLLOWED BY IRA STRANGE. OKAY. UH, MY NAME IS ALAN STEVENS AND I BOUGHT MY CONDO BACK IN 2007. UM, RIGHT, IF SO, THAT IS MY PATIO. THE ONE ON THE LEFT IS MY VIEW. NOW THE ONE IN THE CENTER WILL BE WHAT I WILL BE LOOKING AT, AND THAT'S MY BICYCLE [01:55:01] TIRE RIGHT OFF THE PATIO THERE, THAT WILL BE JUST THE WALL. THAT'S NOT INCLUDING THE 25 FOOT BUILDING ON TOP OF THAT. UM, I'M OPPOSED TO THIS 20 FOOT CUT AND FILL VARIANCE. MR. PROPEL SHOULD DEVELOP WITHIN THE RULES. NO DEVELOPERS SHOULD BE GIVEN PERMISSION TO VARY FROM THE RULES IN SUCH TR SUCH TREMENDOUS, UM, EXPENSE TO NEIGHBORING PROPERTY OWNERS. THIS PROPOSAL SITE PLAN WOULD LITERALLY PUT US IN A HOLE LOOKING UP AT 45 FOOT OF TOWERING WALLS AND BUILDINGS. MY NEIGHBORS AND I SHOULD NOT BE MADE TO LIVE IN A HOLE SO A DEVELOPER CAN MAXIMIZE PROFIT AND HAVE BETTER VISIBILITIES AND VIEWS THE FRUSTRATIONS, THE DECEPTION AND MISLEADING THE FALSE REPRESE REPRESENTATION THAT I'M GONNA SHOW YOU HERE IS WHAT WE'VE BEEN DEALING WITH WITH THE DEVELOPER AND HIS REPRESENTATIVE. THE HOA ABOARD THAT I'M ON, MET WITH THE DEVELOPER REP NOVEMBER THE 14TH AND 22, AND ASKED WHY THE RETAINING WALLS WERE SO TALL. AND WE WERE VERY CONCERNED AND WE DIDN'T THINK THAT WAS CORRECT BECAUSE HE TOLD US THAT IT HAD TO BE THAT WAY. UM, FOR ADA AND DRAINAGE, WE IMMEDIATELY HIRED LEGAL COUNSEL AND ENGINEER TO DISCOVER THAT THIS IS INCORRECT. THE PREVIOUSLY SUBMITTED SITE PLANS NOT DEVELOPED WAS IN 2002, 2013, DIDN'T HAVE CUT AND FILL. AND THEN OUR ENGINEER, AS HE HAS SHOWN, HAS GIVEN ANOTHER ONE THAT DOESN'T REQUIRE THAT THE BAIT AND SWITCH CONTINUES PATEL. AND WE AGREED TO AN INDEFINITE PROPOSED POSTPONEMENT TO GIVE THE PARTIES TIME TO COLLABORATE ON MUTUAL AGREEMENT. A PLAN. YET HERE WE ARE, YOU KNOW, YOU CAN SEE RIGHT HERE ON THE SECOND PARAGRAPH WHERE HE HAS ASKED FOR INDEFINITE PROPOSED POSTPONEMENT ON THIS. AND WE'RE HERE ANYWAY. SO THAT DIDN'T HAPPEN. UM, AFTER AGREED INDEFINITE POSTPONEMENT RECEIVED CONCEPT PLAN GIVEN TO US, BUT WALLS AND CHANGE, H HOA COUNCIL REPLIED WITH THE LETTER OF MAY OF 23 REVISED PLANS DOES NOT ADDRESS BIGGEST PROBLEM FROM OUR REPRESENTATIVE TO THEM. AND THEN NOT, THIS IS NOT THE CASE THAT THE ADA REQUIRES A TOWERING WALLS. SEE THE 2002 AND THE 2013 PLAN AND THE PLAN THAT OUR ENGINEER HAS TURNED OVER AS WELL. SO THE BAIT AND SWITCH CONTINUES JUNE THE FIFTH. THIS, UH, THEIR ATTORNEY ASKED FOR A SCHEDULED MEETING JUNE THE EIGHTH. OUR ATTORNEY SUGGESTED THE FOLLOWING TUESDAY OF JUNE THE 13TH, JUNE THE EIGHTH, THEIR ATTORNEY ASKED FOR A MEETING FOR JUNE 20TH. LATER JUNE 9TH, THEIR ATTORNEY ASKED AGAIN FOR A MEETING TO BE ON JUNE THE 15TH MEETING. CAN I CONTINUE? YEAH, JUST, UH, GO AHEAD AND CLOSE YOUR OKAY. COMMENTS. SO WE HAVE ATTEMPT TO RESCHEDULE, BUT THEN, UH, PATEL'S ATTORNEY SAID IT'S TOO LATE. THE HEARING IS UPON US. AND WE'RE LIKE, WHAT? HEARING NO ONE KNOW NOTIFIED US OF ANYTHING. AND THIS IS EXACTLY WHAT WE'VE BEEN DEALING WITH FROM THE VERY BEGINNING WITH THEM. IT'S JUST A DEVELOPER TRYING TO BULLDOZER OVER THE SMALL GUY AND TOTALLY DESTROY 56 HOMES. UH, THE EMAILS BETWEEN PATEL'S AGENT AND THE HOA AGENT. SO, SO WE NEED WRAP IT. GO AHEAD AND CLOSE THE REMARKS WE NEED TO GO AND, OKAY. WELL, MY REMARKS IS THAT THEY HAVE EVEN LED THE ENVIRONMENTAL HEARING GIVING THAT THESE WALLS ARE ON OUR PROPERTY. AND AS YOU SEE AT THE BOTTOM, THAT'S THE ONLY, THE TALLEST RETAINING WALL WE HAVE, THE PROPERTY THAT THEY'RE BUILDING ON, THE CLAY IS EXPANSIVE AND THE POOL HAS HAD TO BE REMOVED BECAUSE OF THE FOUNDATION ISSUES. AND THERE'S NO WAY A RETAINING WALL IS GONNA HOLD UP WITH THE BUILDING. SO WE'RE JUST ASKING YOU TO HEAR THIS. THANK YOU VERY MUCH. THANK YOU. UM, MR. RIVERA, JUST WANNA, WHERE ARE WE ON, UH, SPEAKERS AND TIME? GO AHEAD. WE ASKED HOW MANY MORE SPEAKERS DO WE HAVE IN IT? ARE WE DOWN TO A MINUTE? LEFT ON CHAIR. COMMISSIONER, LIAISON, ANDREW. SO YOU HAVE ONE MORE THREE MINUTE SPEAKERS AND ABOUT, UH, EIGHT MORE. OKAY. UH, ONE MINUTE SPEAKERS. SO I JUST, WE NEED TO REALLY PAY ATTENTION TO THE TIMEFRAME. SO IF YOU DO HAVE PRESENTATIONS, THINK ABOUT THE KEY POINTS YOU WANNA MAKE CUZ YOU, WE'LL RUN OUT OF TIME VERY QUICKLY. SO TRY TO THINK OF THE MAIN POINTS THAT ARE MOST PERTINENT TO WHAT WE'RE DOING HERE TODAY. OKAY. THANK YOU. THANK YOU. CHAIR ONE. I'LL HEAR FROM MS. UH, OR IRA STRANGE, FOLLOWED BY, UH, JENNIFER MARTINEZ. THANK YOU COMMISSION. UM, UM, I'M IRA STRANGE JR. I LIVE AT MONACO. UM, THE PROPERTY, UH, ADJACENT TO THE VARIANCE BEING REQUESTED, UH, I'VE LIVED THERE SINCE 2017, UM, IN BUILDING FOUR, WHICH IS 18 FEET AWAY [02:00:01] FROM THIS 20 FOOT WALL. AND IT'S REALLY NOT 20 FOOT FOOT, IT'S 40 FEET. IF YOU CONSIDER THE BUILDING THAT'S ON TOP OF IT, AND POTENTIALLY IF IT SOMETHING HAPPENED TO THAT WALL, THAT BUILDING COULD POTENTIALLY COME DOWN. UM, IN THE PAST, LIKE, UH, THE PREVIOUS SPEAKER ALLEN SAID, AND BY THE WAY, I'M ON THE A BOARD MEMBER. UM, WE HAD, THERE WAS A POOL UP WHERE THIS FIELD IS GOING TO BE, AND IT HAD TO BE REMOVED AND FILLED IN BECAUSE OF THE SHIFTING SOILS. UH, AT EAST, ESPECIALLY EAST OF I 35, SOILS DO SHIFT. AND AT LEAST EVERY OTHER YEAR WE HAVE TO DIG UP PIPES BECAUSE OF SHIFTING. UH, AND THIS SHIFTING IS TO ME A SAFETY. UH, IT IS A SAFETY TO ME AND THE PEOPLE WHO OWNERS AROUND THERE BECAUSE YOU NEVER KNOW WHEN THE WALL COULD, THE STACK WALL COULD COLLAPSE. UH, WE, IT'S OUR BIGGEST INVESTMENT AND I'D SPEAK FOR ALL OF THE OWNERS. IF, IF THE THING, IF THE WALL COLLAPSES, IT'S GOTTA COME SOMEWHERE AND IT'S 18 FEET AWAY FROM ME. THERE'S THE 20 FOOT RETAINING WALL WITH ALL OF THIS WATER THAT IS HOLDING BACK. IF IT, IF IT FAILS, IT'S GONNA GO IN BUILDING ONE, WHICH IS ABOVE BUILDING ONE. UH, THIS IS THE BIGGEST INVESTMENT THAT I AND OTHER PEOPLE HAVE. IT'S OUR HOMES. WE LIVE NEAR, JUST 18 FEET AWAY FROM THIS TALL WALL. UM, AND IT'S NOT A A JOKING MATTER. I KNOW JIM DOES THIS FOR A LIVING GOOD, UH, CARTOONS AND, AND STUFF LIKE THIS DOES NOT MATTER. THIS IS OUR HOME. THIS IS WHERE WE LIVE. AND, AND I ASK THAT YOU DO NOT APPROVE THIS VARIANCE BECAUSE IT OF SAFETY MEASURES. THANK YOU. THANK YOU. WE'LL, I'LL HEAR FROM MS. MARTINEZ, FOLLOWED BY MELLON MAYFIELD. UM, HI EVERYBODY. THANK YOU FOR YOUR TIME TODAY. UH, I'M ALSO ONE OF THE HOA BOARD MEMBERS. UM, AND, UM, AS EVERYBODY HERE SEE IT TODAY, UH, THIS IS OUR LITTLE INVESTMENT, SO YOU CAN CLICK THE NEXT ONE. UM, AND THEN FUN FACT, MY SISTER'S UNIT IS RIGHT NEXT TO US AND WE'RE ACTUALLY FACING THE BUILDING ONE POTENTIAL RETENTION WALL. UM, AT LITTLE HISTORY ABOUT MONACO, WE WERE BUILDING 1985, UM, PHASE TWO, UH, YOU CAN SEE IT UP THERE STARTED. THEY WERE PLANNING THAT CONSTRUCTION AND THE SOIL WAS JUST NOT WORKING FOR THEM. SO THEY DECIDED TO DROP THE PROJECT. AND, UH, WITH THE SLANTS AND THE VARIANCES, THEY DECIDED TO MOVE AWAY FROM IT AND NOT DO ANYTHING. UM, IN 2000, OUR POOL, UH, CRACKED AND BROKE AND WE DECIDED IT WAS TOO EXPENSIVE. IT KEPT, IT JUST KEPT HAVING ISSUES. SO WE DECIDED TO FILL IT. THIS IS WHERE THE RETENTION POND WOULD GO. UM, YOU CAN CLICK THE NEXT SLIDE. UH, HERE YOU CAN SEE HOW, UH, IN 20 2002 THERE WAS A, UH, AN OH, WAS THAT MINUTE? YEAH, WE'RE DOWN TO THE MINUTE, LIKE I SAID. OH, OKAY. SO GO AHEAD AND MAKE YOUR MAIN POINTS, BUT LET'S TRY TO KEEP, OKAY. UM, EITHER WAY. THERE WAS A COUPLE THINGS. UH, YOU CAN GO TO THE NEXT SLIDE. UH, YOU CAN SEE HOW LIKE A LOT OF AREAS WHERE LIKE BULLDOZED AND, UH, UH, REMOVED BECAUSE OF THE CLAY SOIL. SO WE JUST WANNA REALLY BE CAREFUL OF LIKE WHAT'S HAPPENING UNDERNEATH. AND JUST ONE MORE, UH, JUST TO SEE IT. UM, THIS IS BUILDING ONE. WE ACTUALLY HAD A GREAT, GREAT SYSTEM SO THAT WHEN WATER FALLS DOWN, IT ACTUALLY GOES INTO IT BUILDING. UH, FOUR DOESN'T HAVE THAT WHERE IT'S JUST GONNA BE A WALL AND A SIDEWALK AND A FENCE, LIKE A BIG, GREAT WALL. SO, SO LET'S, UH, YOU MIGHT HAVE MORE AND WE CAN ASK YOU QUESTIONS. OH, YES. UH, YOUR NAME AGAIN? UH, I AM JENNIFER. JENNIFER. LAST NAME? YES. UH, MARTINEZ. OKAY. THANK YOU. SORRY. THANK YOU. THANK YOU SO MUCH. THANK YOULL KNOW HERE FROM, UM, MS. MAYFIELD, FOLLOWED BY SARAH SCARBER. HELLO, MY NAME IS MALIN MAYFIELD. I AM A RESIDENT OF THE MONACO CONDOS AND I'M ALSO A REGISTERED ARCHITECT. UM, YOU'VE HEARD ABOUT THE HISTORY OF THIS SITE. YOU'VE HEARD ABOUT THE ISSUES WITH THE SOIL AND THE SLOPE. I'D LIKE TO OFFER SOME ADDITIONAL OBSERVATIONS BASED ON THE PROPOSED DESIGN. UM, I'D LIKE TO POINT OUT THAT THE FOCAL POINT OF THIS DEVELOPMENT IS AWAY FROM THE DOWNTOWN VIEWS THAT WOULD BE POSSIBLE ON THIS LOT IF THEY WERE TO BUILD CLOSER TO THE CORNER AND CLOSER TO THE WICKER SHAM STREET. I THINK THIS LOT IS ACTUALLY A PERFECT OPPORTUNITY TO DO A TWO-STORY DEVELOPMENT WHERE YOU HAVE ACCESS FROM VEHICLES ON THE FIRST STORY AND ACCESS FROM THE WICKER SHAM SIDEWALK ON THE SECOND STORY. AND YOU WOULD BE ABLE TO ORIENT YOUR BUILDING TOWARDS THOSE DOWNTOWN VIEWS WHILE GIVING MORE ACCESS, WHILE GIVING MORE [02:05:01] ROOM FOR WATER MITIGATION, LESS FILL LESS RETAINING WALLS, A BETTER NEIGHBORLY MASSING IF YOU WILL. UM, THERE'S ALSO A ROOF SLOPE, A SHD ROOF THAT'S SHUTTING ONTO OUR PROPERTY. OH, DANG IT, . UM, AND I JUST THINK THERE'S A BETTER WAY TO DEVELOP THIS SITE THAT WOULD BE MORE NEIGHBORLY. UM, WHILE IT MAY BREAK RULES, WHY IS THIS THE RULE YOU'RE CHOOSING TO BREAK IN SUCH AN EGREGIOUS WAY? THANK YOU. THANK YOU. WE'LL NOW HEAR FROM SARAH SCARBER ON THE, UH, TELECONFERENCE, MS. SCARBER. SO STAR SIX, PROCEED YOUR REMARKS. HELLO, MY NAME IS SARAH SCAR. I'M CURRENTLY A OWNER HERE AT MONACO AS OF DECEMBER, AND WAS VERY SURPRISED NOT ONLY BY THE CHARACTERIZATION OF MONACO BY THE DEVELOPER. UM, AS A NEW OWNER, THIS IS MY BIGGEST INVESTMENT OF MY CAREER. AND TO, TO SEE US PORTRAYED THAT WAY WAS, UH, VERY DISHEARTENING AS OUR NEIGHBORS. UM, I'M VERY CONCERNED OF THE SAFETY OF THE WALL THAT IS PROPOSED TO BE BUILT BECAUSE I DO LIVE IN BUILDING FOUR. AND LIKE ALLEN, MY PATIO DIRECTLY WOULD FACE THIS OVER 40 FOOT TOWERING WALL THAT'S BEING PROPOSED. AND WHERE I WALK MY DOG AND GARDEN, MY PLANTS AS ACTUALLY FACING THIS WALL WOULD LIMIT SUNLIGHT AND COULD POSSIBLY BE A POTENTIAL, UM, SAFETY THREAT IF THE WALL WERE TO FAIL IN THE FUTURE. I PLAN TO LIVE HERE FOR AN EXTENDED PERIOD OF TIME, WHEREAS THE DEVELOPER MAY BE ONLY INTERESTED IN WHAT COULD BE BUILT NOW AND WHAT MAKES TURN A PROFIT. NOW THIS WALL COULD FAIL AND POTENTIALLY HURT MY INVESTMENT, WHICH IS UP BUILDING FOR OVERALL I AM ADAMANTLY OPPOSED, UM, TO THE VARIANCE THAT THEY'RE REQUESTING. AND I WOULD HOPE THAT YOU REMEMBER THAT MONACO'S COMMUNITY OF 50 OR MORE NEIGHBORS. UH, WE'RE NOT A DEVELOPMENT, WE ARE YOUR NEIGHBORS AND WE WOULD HOPE TO BE GIVEN MORE RESPECT AND FUTURE DISCUSSIONS OF IS PROVIDED TO OUR COMMUNITY. OKAY. YEAH. I REMIND, UH, THE BUZZER DID RING. SO WE NEED, UH, WE'LL GO AHEAD AND MOVE TO THE NEXT SPEAKER. MR. RIVERA, THANK YOU FOR YOUR COMMENTS. THANK YOU. WHEN I HEAR FROM LEANNE HAYNES FOLLOWED BY COREY CUP. GOOD EVENING. MY NAME IS LEANNE HAYNES. I'M A HIGH SCHOOL COUNSELOR. I LIVE IN DISTRICT THREE AND MY PROPERTY FACES THE LOT IN QUESTION. ALTHOUGH I LOVE MY HOME AND IT IS THE BIGGEST FINANCIAL INVESTMENT I'VE MADE IN MY LIFE. I HAVE INTERIOR AND EXTERIOR CRACKS CAUSED BY THE EXPANSIVE PLACE SOIL THAT HIGHLIGHTS THE FRAGILITY OF THE LAND. I'M TERRIFIED TO POSSIBLY HAVE A 20 FOOT RETENTION WALL BUILT ON THIS SAME FRAGILE SOIL SO CLOSE TO MY HOME. TYPICAL RETENTION WALLS ARE BETWEEN THREE AND FOUR FEET FOR A REASON. ADDITIONAL SUPPORTS AND FOOTING WILL NOT BE ENOUGH TO MAKE A 20 FOOT TALL RETAINING WALL SAFE. THERE WILL BE A SIGNIFICANT AMOUNT OF SHIFTING, SLIDING, AND SETTLING, WHICH COULD EASILY LEAD TO FAILURE OF THE RETENTION WALL HURTING ALL PARTIES INVOLVED. THE OWNER REQUESTING THE VARIANCE CAN CREATE A DIFFERENT PLAN TO HAVE REASONABLE USE OF THIS PROPERTY WITHOUT AN UNNECESSARILY TALL CUT AND FILL VARIANCE. I DO NOT SEE ANY 20 FEET TALL RETENTION WALLS IN OUR NEIGHBORHOOD, ESPECIALLY THE PICTURES THAT HE SHOWED. THEY WERE NOT 20 FOOT TALL WALLS. I ASK THAT YOU PLEASE DENY THIS UNSAFE VARIANCE REQUEST TO MAKE SURE I AM NOT CRUSHED OR FLOODED OUT BY THE DEVELOPMENT NEXT DOOR TO MY HOME. PLEASE UPHOLD THE CITY CODE OF FOUR FEET. THANK YOU. THANK YOU. WHEN I HEAR FROM COREY HUBBARD, FOLLOWED BY IVAN THOMPSON. HELLO. SO, UH, I JUST WANNA SAY I'VE LIVED AT MONACO 15 YEARS IN SEPTEMBER. THAT LOT HAS ALWAYS BEEN WHEN IT'S DEVELOPED, NOT IF, AND UH, BASICALLY THIS GUY IS BUILDING A SLIDING CRIME SCENE BECAUSE HE'S PUTTING A, A CONVENIENCE STORE IN A LAUNDROMAT, WHICH WE DO NOT NEED AS LISTED. WHOOP, SORRY, AS IT'S DENSELY POPULATED. WHAT'S DENSELY POPULATED? CUZ WE ALL LIVE THERE. WE ALL HAVE LAUNDROMATS, WE ALL HAVE WASHING MACHINES. WE DON'T NEED THIS DUDE BRINGING ANOTHER BUILDING ROUND THAT'S GONNA BRING CRIME. HE LEFT A HOMELESS CAMP FOR THREE YEARS ON OUR PROPERTY LINE. HE IS NOT CONCERNED ABOUT OUR SAFETY OF OUR NEIGHBORHOOD OVER OUR, OUR CONDOMINIUM COMMUNITY. THIS, THIS IS SO WRONG. IT'S TERRIFYING EVERYTHING THAT HE'S DOING. EVERYTHING ABOUT THIS, AND THAT'S WHAT I HAVE TO SAY. THAT'S IT. , THANK YOU. SLIDING CRIME SCENE COMING DOWN THE HILL. THANK YOU. WE'LL NOW HEAR FROM IVAN THOMPSON. SO STAR SIX, PROCEED WITH YOUR REMARKS. [02:10:11] CHAIR I'LL TRIBECA WITH, UH, MR. THOMPSON OR IVA THOMPSON. MISS ANNIE DOME FOLLOW, FOLLOWED BY JUAN CARLOS SUAREZ. HELLO, MY NAME'S SANDY DOIT. I'M AN OWNER AT MONACO. I AM HERE BECAUSE I STRONGLY OPPOSE THE VARIANCE THAT THE DEVELOPER IS SEEKING. THEY'RE ASKING FOR A VARIANCE, ALLOWING THEM TO EXCEED THE ALLOWED BY CODE, WHICH IS NO REASON FOR, UH, THAT TO HAPPEN. A DEVELOPER SHOULD IMPROVE THE COMMUNITY, NOT MAKE IT WORSE. A 20 FOOT RETAINING WALL IS HUGE. IT DEFINITELY WILL AFFECT THE AMOUNT OF SUNLIGHT WE GET AND CREATE A DARK AND, AND, UH, ENCLO MY ENVIRONMENT, WHO REALLY WANTS TO GO LOOK OUT THEIR WINDOW AND LOOK STRAIGHT TO A 20 FEET WALL IF APPROVED, THE PROJECT WILL AFFECT ME PERSONALLY BY LOWERING MY QUALITY OF LIFE AND ENJOYMENT OF MY PROPERTY BY LIMITING THE VALUE OF MY CONDO AND PUTTING ALL OF OUR SAFETY AT RISK. THIS IS A WALL THAT WHEN IT FAILS AND AT VERY LEAST WILL COST SERIOUS STRUCTURAL DAMAGE TO OUR BUILDINGS WITH, UH, THAT'S WHY I INSIST THAT THE PLANT, UH, WHEN WHY WOULD THEY DO THIS PLAN WHEN THEY HAVE OTHER OPTIONS THAT WOULD WORK FOR BOTH OF US. UH, THANK YOU FOR THE CONSIDERATION AND, UH, ASSISTING US TO OPPOSE THE VARIANCE. THANK YOU. THANK YOU. WE'LL NOW HEAR FROM JUAN CARLOS SUAREZ, FOLLOWED BY WILL MARTINO. HELLO, MY NAME'S JUAN SUAREZ. I'M ALSO AN OWNER AT MONACO CONDOMINIUMS. I AM HERE BECAUSE I AM ADAMANTLY OPPOSED TO THE VARIANCE THAT IS BEING REQUESTED TONIGHT. IN MY 30 YEARS IN REAL ESTATE, I HAVE NEVER COME ACROSS SUCH A BLATANT CASE OF DISREGARD BY A DEVELOPER OF HIS NEIGHBORS AND THE NEGATIVE IMPACT IT WILL HAVE ON SAFETY VALUES AND QUALITY OF LIFE. THIS PROJECT, AS IT IS PRESENTED, HAS SERIOUS FLAWS AND IS EMBLEMATIC OF AN ARROGANT SELFISHNESS, NO REGARD WHATSOEVER TO THE NEIGHBORS AND SURROUNDING ENVIRONMENT. I UNDERSTAND THERE ARE NUMEROUS POSSIBLE SITE PLANS THAT COULD WORK IN THAT LAND PLANS THAT WORK FOR ALL OF US AND MAKE THE AREA BETTER. NOT WORSE YET, THE DEVELOPER WANTS US TO CARRY THEIR MISTAKE IN DUE DILIGENCE TO SQUEEZE THAT LAST DROP OF RETURN, THAT RETURN, WHICH IN FACT MAY BE SHORT-LIVED BECAUSE THEY WILL BE HELD RESPONSIBLE FOR THE SURE FAILURE OF THE RETAINING WALL AND ITS EFFECTS ON OUR BUILDING'S. FOUNDATIONS. WE ALL KNOW THAT GIVEN THE NATURE OF THE AREA SOIL, IT IS NOT A QUESTION OF IF, BUT WHEN IT WILL FAIL, LET ALONE THE QUALITY OF LIFE OF US LIVING IN MONACO. THANK YOU FOR ASSISTING IN DENYING THE VARIANCE. THANK YOU. WE'LL NOW HEAR FROM WILL MARTINO, FOLLOWED BY WILLIAM TANNER. HELLO EVERYONE. I'M WILL MARTINO AND I STRONGLY OPPOSE THE VARIANCE PROPOSAL HERE. TO ME, THIS SIMPLY COMES DOWN TO THE BIGGER ISSUE OF HUMAN SAFETY. I THINK IT'S BASICALLY HUMAN RIGHT AND SOMETHING YOU SHOULD STRONGLY CONSIDER. AND I'D ASK ALL OF YOU ON THE COMMISSION STAFF AND EVERYONE ELSE IN THIS ROOM AND EVERYONE WATCHING LISTENING RIGHT NOW, WOULD YOU WANT A 20 FOOT WALL WITH A 25 FOOT TOWER ON TOP, BUILT ON CLAY SOIL RIGHT NEXT TO YOU? WOULD YOU PUT YOUR FAMILIES YOURSELVES, YOUR HOMES AT RISK FOR THAT? AND THAT'S QUITE A BIG GAMBLE TO TAKE. AND WE HAVE, YOU KNOW, A LAWYER, AN ARCHITECT, A CIVIL ENGINEER WHO'S SHOWN THEIR PLAINTIFF VIABLE OTHER OPTIONS TO HAVE A PROSPEROUS DEVELOPMENT. WE'RE NOT SAYING DON'T HAVE A DEVELOPMENT, WE'RE SAYING DO IT THE RIGHT WAY, THAT PROTECTS PEOPLE. SO I'M ASKING YOU TO ALSO OPPOSE THIS VARIANCE AND PROTECT US. THANK YOU. THANK, YOU'LL NOT HEAR FROM RON TANNER, FOLLOWED BY LARRY FOX. UH, HOW DO I WORK? OKAY, I'M NOT SURE TO WORK THAT, BUT HELLO COMMISSIONERS. I'M WILL TANNER. I'M A RESIDENT, UM, AN OWNER IN BUILDING ONE AT MONACO. I'M IN OPPOSITION TO THE DEVELOPER'S PROPOSED PLANS. UM, SO BUILDING ONE ALREADY HAS FOUNDATION ISSUES. WE'RE ON A SLANT AND WE HAVE FREQUENT PLUMBING ISSUES. UH, BURSTING PIPES ABOUT THREE OR FOUR TIMES A YEAR. JUST HUGE ERUPTIONS. SO WE ALREADY HAVE TONS OF PROBLEMS THAT WE NEED TO FIX. UM, I JUST WANTED TO GIVE A SIMILAR EXAMPLE OF SOMETHING THAT HAPPENED, UH, IN RECENT YEARS TO, UH, ASPECT APARTMENTS, WHICH IS 0.2 MILES AWAY FROM MONACO. THEY HAD A SIX FOOT RETAINING WALL THAT COLLAPSED. THIS WAS RELATIVELY RECENTLY IN THE SAME TYPE OF SOIL. SO ASPECT, THE RETAINING WALL WAS AT AN ELEVATION OF FIVE 60. AND THE PROPOSED RETAINING, UH, RETENTION WALL IS AT 5 54 FOR [02:15:01] MONACO. SO A VERY SLIGHT DIFFERENCE. ESSENTIALLY THE SAME, THE SAME GEOGRAPHY. SO IF A SIX FOOT WALL IS GONNA COLLAPSE AND BASICALLY THE SAME ENVIRONMENT, THEN A 20 FOOT WALL WILL PROBABLY DO THE SAME THING. UM, AND THAT'S REALLY MY POINT. THANK YOU. THANK YOU. WE'LL HIRE FROM RULE HARRY FOX, FOLLOWED BY JUDITH MULLANDER. GOOD EVENING, AND THANK YOU. MY BIGGEST CONCERN IS THE WATER ISSUES, UH, WITH THE SOIL, THE WAY THAT IT IS, AND THE WAY THAT OUR WATER SYSTEM IS DESIGNED WHEN THERE'S A, A PROBLEM, UH, IT AFFECTS THE WHOLE COMMUNITY. UH, AND WITH THE SHIFTING SOIL, I FORESEE ALL KINDS OF IMMEDIATE WATER ISSUES THAT WILL AFFECT OUR ENTIRE COMMUNITY. THANK YOU. ONE, I HEAR FROM MS. LAUREN WHITTLE, TELECONFERENCE. SELECT SIX PROCEEDED WITH YOUR REMARKS. MR. LAUREN WHITTLE, SELECT SIX. PROCEED WITH YOUR REMARKS. OKAY. UM, I REQUEST MR. THOMPSON, UH, IF YOU'LL JUST HOLD ON JUST A SECOND. SURE. HELLO, MY NAME IS LAUREN WHITTLE, AND THANK YOU FOR TAKING THE TIME TO HEAR OUR OBJECTIONS. UM, MY CONDO IS, UM, LIKE LARRY AND ALSO IN BUILDING ONE, UM, WHICH IS IN THE PATH OF SPILLOVER FROM THE PLANNED RETENTION POND, WHICH IS ONE CONCERN. UM, I ALSO, LIKE, YOU KNOW, EVERYONE YOU'VE HEARD DON'T FEEL SAFE WITH RETAINING WALL THAT LARGE BUILT ON EXPANSIVE CLAY SOIL. UM, THIS WALL WOULD BE RIGHT OFF MY BACK PORCH. UM, THERE'S JUST NO ROOM FOR ERROR THIS CLOSE. JUST SO MANY PEOPLE'S HOMES, UM, NOT EVEN TAKE INTO ACCOUNT THE AESTHETICS, THE LIGHTING. UM, SO WE RESPECTFULLY REQUEST THAT YOU UPHOLD CITY CODE IN THIS INSTANCE. THANK YOU. OKAY, MR. THOMPSON, IF YOU'LL PROVIDE YOUR REMARKS. I HAVE ONE MINUTE. THANK YOU VERY MUCH. THANKS FOR THIS OPPORTUNITY. AND I APOLOGIZE THAT EARLIER ON, I COULDN'T PUT MYSELF, UNMUTE MYSELF FAST ENOUGH. MY OBJECTION, ADAMANT OBJECTION TO THE, UM, APPLICANT'S REQUEST FOR A VARIANCE AND, UH, IS BECAUSE OF MY OTHER NEIGHBORS HAVE SAID. AS AN OWNER, I'M VERY CONCERNED PARTICULARLY ABOUT THE, UM, SPILLWAY OF THE, UM, WATER FROM THE RETENTION POND BECAUSE AS WE KNOW, GIVEN THE, UH, TYPE OF SOIL THAT WE HAVE AND THE ISSUES THAT OTHER PROPERTIES HAVE EXPERIENCED IN THE SAME AREA, IF IT HAPPENS TO US, MY NEIGHBORS IN BUILDINGS ONE AND FOUR AND OTHERS ARE REALLY GONNA BEAR THE BRUNT OF, UM, THE APPLICANT'S DESIRE TO REQUEST A, UM, CUT AND FILL THAT IS FIVE TIMES HIGHER THAN THE, UH, FIVE TIMES BIGGER THAN THE CODE. AND I DO NOT SEE ANY JUSTIFICATION PUT FROM THE DEVELOPER'S SIDE AS TO WHAT JUSTIFIES ASKING FOR FIVE TIMES GREATER THAN THE CODE. THANK YOU. THANK YOU CHAIR. AND I JUST WANNA MAKE SURE THAT WAS OUR LAST SPEAKER, BUT I WANNA MAKE, AS WE, UH, SKIPPED AROUND ON THE PREFERRED LIST, I JUST WANNA MAKE SURE I DIDN'T MISS ANY REGISTERED SPEAKERS. WE HAD ONE PERSON THAT STARTED TO STAND UP. YES, MA'AM. WERE YOU REGISTERED? YES. GO AHEAD AND STATE YOUR NAME SO WE CAN CHECK, I GUESS, AGAINST THOSE. MY NAME IS JUDITH MULLANDER, AND I AM A, A FORMER RESIDENT OF THE MONACO. I LIVED THERE FOR OVER 15 YEARS. I'VE LIVED IN BUILDING FOR THE SAFETY ISSUE IS THE CRITICAL THING HERE. I LIVED ON THE GROUND FLOOR UNIT EVERY TIME JUST WITH THE LANDSCAPING. THE WAY IT IS COMING, THE RUNOFF COMING OFF OF THE PROPERTY THAT'S GONNA HAVE THE BASICALLY 45 FOOT WALL PATIOS, FLOOD THE HALLWAY INTO THE, UH, AREA OF ACCESS IN THE TWO HALL, IN THE TWO, UH, GROUPS OF UNITS WATER THERE, THE, THE MOVING SOIL. IF IT'S [02:20:01] DOING THAT NOW WITHOUT A 45 FOOT WALL ON IT. WHAT IS GONNA HAPPEN WHEN THAT'S DONE AND WHERE'S IT GONNA GO? SO I'M ASKING YOU TO PLEASE DENY THE, UH, REQUEST FOR THE VARIANCE. THANK YOU CHAIR. I BELIEVE WITH THAT, WE WANT TO HAVE, UH, WE WILL NOW HEAR FROM THE APPLICANT FOR A THREE MINUTE REBUTTAL. OKAY. CAN I GET THE, THE KEVIN OH, PRESENTATION THING UP THERE. OKAY, THANKS. THIS IS JIM WHITTLER AGAIN. UM, SO HERE'S, HERE'S THE WALL THAT THEY TALKED ABOUT, AND IT'S MADE OUT OF THESE SMALL CMUS. THIS IS A COMPARISON. THESE ARE THE SAME SIZE SCALE HERE. THE WALL THAT WE'RE TALKING ABOUT BUILDING IS 11 TIMES LARGER, 33 TIMES THE VOLUME, AND 134 TIMES HEAVIER EACH. EACH ONE OF OUR STONES IS, UH, ALMOST 3000 POUNDS. SO THERE'S ALL THIS TALK ABOUT 45 FOOT, UH, WALL THAT WE'RE LOOKING AT. BUT OUR OWNER AGREED TO KILL 3,800 SQUARE FEET OF HIS BUILDING AND TO MOVE THE RE THE REMAINING BUILDING SO THAT IT WOULD OPEN UP THE VIEWS FOR THESE PEOPLE. AND, UH, THIS IS THE WALL THAT WE'RE TALKING ABOUT. THIS IS WHAT IT'S GONNA LOOK LIKE. THESE ARE, UH, OUR LOOTERS LIMESTONE BLOCKS, FIVE FEET WIDE, THREE FEET DEEP, TWO FEET HIGH EACH. SO THERE'LL BE A STACK OF THREE STONES HIGH, AND THEN A FIVE FOOT RETAIN, UH, FIVE FOOT LANDSCAPING AREA, AND THEN A STACK OF THREE STONES AND A LANDSCAPE AREA, AND A STACK OF THREE STONES AND A LANDSCAPE AREA. SO THIS IS NOT A, A 20 FOOT VERTICAL WALL. THIS IS SOMETHING THAT WE TRIED TO MAKE SOFTER AND, UH, AND MORE APPEALING. UH, COULD I GET THE OTHER PRESENTATION UP THERE REAL QUICK? THANK YOU. SO, UH, COMMUNITY BENEFITS. WE'RE GONNA ELIMINATE 300,000 GALLONS OF STORM WATER THAT RUNS OFF OF THEIR PROPERTY. WE'RE GONNA ELIMINATE EROSION ON STEEP SLOPES. AND WITHIN THE DRAINAGE CHANNEL THROUGH MONACO, WE PAID 42,000 FOR, UH, AUSTIN TRANSPORTATION FOR ROADWAY IMPROVEMENTS, INCLUDING BIKE LANE STRIPING AND REFLECTIVE SIGNAGE. WE ADDED A ADDITIONAL TREES AND WE DEDICATED 11 FEET OF ROAD ALONG OLD TURF AND 15 FEET ALONG, UH, WICKER SHAM FOR FUTURE WIDENING. HERE'S A SITE PLAN THAT THEY TALK ABOUT THAT COULD BE BUILT WITHOUT THE, UH, VARIANCES. I OVERLAID THEIR SITE PLAN WITH OUR SITE PLAN, AND I WANT YOU TO KNOW THAT IN EVERY CASE, THE BUILDINGS THAT THEY'RE PROPOSING ARE CLOSER THAN WHAT WE'RE PROPOSING. THEY'RE TALLER. WE, OUR BUILDINGS WOULD OPEN UP THE VIEW IN THE MIDDLE. THEIR BUILDINGS COMPLETELY SEAL OFF THE VIEW. SO I DON'T THINK THAT'S A GOOD ARGUMENT. THEIR SITE IS ALREADY BUILT EIGHT FEET DOWN BELOW, UH, THE COMMON PROPERTY LINE, AND THIS IS THEIR WALL. AND INTERESTING FACT, IF, UH, IF THEIR SITE PLAN WAS BEING PERMITTED TODAY, THEY'D REQUIRE THE SAME THREE VARIANCES THAT WE'RE ASKING FOR. NOW, THERE'S BEEN, UH, ARGUMENTS ABOUT, UH, YOU KNOW, FIVE TIMES THE AMOUNT OF FILL. I WANNA POINT OUT THERE'S ONLY 6,500 SQUARE FEET OF AREA WHERE THE FILL IS DEEPER THAN 12 FEET. SO IT'S NOT FIVE TIMES THE DEPTH. UH, I MEAN, IT IS IN, IN VERY SPECIFIC LOCATIONS, BUT NOT ALL OVER THE SITE. THANK YOU. ALL RIGHT, COMMISSIONERS. UH, THANK YOU SPEAKERS. IT'S ALWAYS GOOD TO SEE PUBLIC PARTICIPATION ENJOYED YOU, ESPECIALLY THOSE THAT MADE THE TRIP DOWN HERE. UH, SO LET'S GO AHEAD AND, UH, DO I HAVE A MOTION TO CLOSE PUBLIC HEARING? UH, COMMISSIONER ANDERSON, SECONDED BY COMMISSIONER AZAR. UH, ARE THERE ANY OBJECTIONS TO CLOSING THE PUBLIC HEARING? ALL RIGHT. SEEING NONE, UH, THAT'S FINISHED. LET'S GO AHEAD AND MOVE TO OUR Q AND A. I'M GONNA GO AHEAD AND KEEP IT AT EIGHT AND FIVE, CUZ I KNOW I HAVE QUESTIONS. AND WITH ALL THESE SPEAKERS, WE MAY WANT TO CALL A NUMBER OF THEM UP. UM, LET'S GO. AND WHO HAS THE FIRST, UM, QUESTION FOR, UH, COMMISSIONER WOODS CHAIR? MAY I JUST MAKE A QUICK, UH, UH, THING? UH, I BELIEVE WE JUST WANTED, UH, NOTIFY THE COMMISSION THAT MR. MALCOLM YATES AND THE LAWYER FROM THE APPLICANT ARE ALSO PRESENT TO ANSWER QUESTIONS IF NECESSARY. THANK YOU FOR THAT. THANKS, CHAIR. UM, I WANNA THANK THE NEIGHBORS WHO CAME OUT. I REALLY APPRECIATE [02:25:01] YOU ALL SPEAKING TONIGHT. I HAVE A QUESTION FOR STAFF. UM, I HEARD A LOT OF CONCERNS OVER SAFETY FROM THE NEIGHBORS. UM, I'M WONDERING IF YOU CAN KIND OF WALK US THROUGH WHAT HAPPENS IF THIS VARIANCE IS APPROVED AT SITE PLAN AND HOW OUR BUILDING CODE, UM, WORKS TO MAKE SURE THAT ANYTHING THAT IS BUILT IS GOING TO BE SAFE FOR THEM AND MAKE SURE THAT THE COMMUNITY BENEFITS THAT MR. TIFF OUTLINED ARE GONNA BE ENACTED IN THE WAY THAT HE HAS OUTLINED. GOOD, VERY GOOD QUESTIONS. MY, UH, MIKE UGAL DEVELOPMENT SERVICES DEPARTMENT, I CAN SPEAK TO ENVIRONMENTAL QUESTIONS. I I WOULD NOT BE ABLE TO SPEAK TO THE COMMUNITY BENEFITS AS FAR AS THE, THE SAFETY, THE PLANS ARE REQUIRED TO BE SIGNED AND SEALED BY A REGISTERED PROFESSIONAL ENGINEER THAT ATTEST TO THE ACCURACY AND, AND, AND, YOU KNOW, THE, THE SAFETY OF THE PLANS AND, AND THE COMPLIANCE OF THE PLANS. UM, I CAN'T, I CAN'T SPEAK TO, YOU KNOW, WHAT, IS THERE 100% GUARANTEE IT WOULD, IT WOULD, IT WOULD NOT FAIL. I I COULD NOT SAY THAT. UM, THE ENGINEER IS A PROFESSIONAL ENGINEER AS THE SIGN TO THE PLANS, DESIGN THE PLANS AND ACCORDING WITH THE STANDARD, UH, REQUIREMENTS. UM, AND THEN AS FAR AS THE BUILDING PERMITS, THE BUILDING WOULD HAVE TO HAVE A, OR THE, BEFORE THERE COULD BE A SITUATED OF OCCUPANCY, THERE WOULD HAVE TO BE A BUILDING PERMIT ISSUED. UM, AND THERE WOULD BE INSPECTIONS. BUT AS FAR AS, UM, WHILE SAFETY, STRUCTURAL STABILITY, THAT WOULD BE SOMETHING THAT WE WOULD HAVE TO RELY ON THE DESIGN ENGINEER TO SIGN AND SEAL TO A TEST, TO THE PLANS BEING SAFE. AND ARE THOSE INSPECTIONS AND THE, AND THE SAFETY THAT THE ENGINEER SIGNS OFF ON DIFFERENT, GIVEN THE VARIANCE THAT WE MIGHT APPROVE TODAY THAN ANY OTHER, THEY ARE NOT PROCESS. THEY ARE NOT, NO. AND THANK YOU VERY MUCH. YEAH. THE, UH, I JUST WANTED TO ADD, THANK YOU. UH, THE, UH, THE EV EV INSPECTOR WOULD BE TASKED, WELL IF, FOR EXAMPLE, THIS PLAN THAT WENT THROUGH WITHOUT THE VARIANCES, BUT THERE WAS 20 FEET OF FIELD, THE EV INSPECTOR WOULD SAY, WAIT A MINUTE. I KNOW THIS IS NOT ALLOWED. AND IT WOULD COME BACK TO THE PEOPLE THAT REVIEWED THE PLAN. HOW DID THIS HAPPEN? WHAT'S GOING ON? AND, AND SO THERE WOULD BE ISSUES THERE. BUT SO THE EV INSPECTOR WOULD BE TASKED WITH MAKING SURE THAT THE FILL, WHICH WOULD OBVIOUSLY BE MORE THAN FOUR FEET, IS SOMEHOW NOT ON THE PLANS AS A VARIANCE HAVEN'T BEEN GRANTED. BUT AS FAR AS, UM, ANYTHING ELSE, NO, I DO NOT BELIEVE THERE'D BE ANYTHING ADDITIONAL. THANK YOU VERY MUCH. IS THERE ANYONE HERE WHO CAN SPEAK TO THE COMMUNITY BENEFITS, MAYBE MR. WILLOW? UH, YES. THE, THE, UH, TREES THAT WE AGREED TO ADD ARE ON THE SITE PLAN. THEY HAVE TO BE BILLED. WE WON'T GET A CERTIFICATE OF OCCUPANCY WITHOUT THOSE. THE $42,000 HAS ALREADY BEEN SPENT. THE, UH, DEDICATION OF RIGHT OF WAY HAS ALREADY BEEN GIVEN TO THE LAW DEPARTMENT. IT'LL BE RECORDED IF THESE VARIANCES ARE APPROVED. THE, THE SITE PLAN HAS BEEN FULLY VETTED BY CITY STAFF. AND, UH, THE ONLY THING IS THIS VARIANCE. AND IF YOU GUYS APPROVE THE VARIANCE, THEN HE'LL MOVE FORWARD WITH HIS BUILDING PERMITS. BUT HE'S ALREADY PAID THE 42,000. HE DOESN'T GET IT BACK. HE'S ALREADY DEDICATED THE RIGHT OF WAY. HE CAN'T TAKE THAT BACK. SO I, AND I THINK THAT'S ALL OF IT. AND, AND OF COURSE WE ARE REQUIRED TO TAKE ALL THE DRAINAGE FROM THE SITE AND RUN IT THROUGH WATER QUALITY AND STORMWATER DETENTION. WE CAN'T LET IT SPILL OVER ONTO THE NEIGHBORS. SO THEIR PROBLEMS WILL GET LESS BECAUSE IN A BIG STORM, THEY'RE NOT GONNA HAVE IN A HUNDRED YEAR STORM, THEY WON'T HAVE 301,000 GALLONS PER HOUR SHEET FLOWING DOWN ACROSS THEIR PROPERTY ANYMORE. I THINK THAT'S EVERYTHING. THANK YOU. THANK YOU. I APPRECIATE THAT. THAT'S ALL MY QUESTIONS. OKAY. LOOKING AROUND, UH, HANDS. I SEE COMMISSIONER MUSH TALLER. COMMISSIONER COX, DID YOU HAVE YOUR HANDS UP TOO? OKAY, SO YOU'LL GO NEXT. ALL RIGHT. AND I HOPE AS I GO THROUGH THIS, CUZ I'M GONNA RUN OUT OF TIME. SOMEBODY'S GONNA FIGURE OUT WHERE I'M GOING AND PICK IT UP. UM, FIRST I REALLY, I AM SO IMPRESSED WITH THE COMMUNITY ORGANIZATION, UM, TREMENDOUS JOB. YOU GUYS HAVE SPOKEN WELL, YOU'RE EDUCATED ON YOUR ISSUES. UM, AND IT'S NOT VERY OFTEN THAT WE SEE COMMUNITIES REALLY ORGANIZE AND PRESENT THEIR CASE THAT WAY. AND I KNOW THAT TOOK A LOT OF TIME AND EFFORT ON YOUR PART. SO, UM, I WANT YOU GUYS, I WANT OTHER COMMUNITIES TO FEEL WELCOME HERE TO DO WHAT YOU GUYS HAVE DONE. UM, WE HEARD SOME INTERESTING THINGS. SO I THINK I NEED TO HEAR FROM CITY STAFF AND MAYBE THE ATTORNEYS FOR EACH SIDE BECAUSE IT SEEMED LIKE THERE WERE SOME SITE DEVELOPMENTS THAT CAME, OR PROPOSALS THAT CAME THROUGH PREVIOUSLY. AND IF I UNDERSTOOD CORRECTLY, THERE MAY HAVE EVEN BEEN AN AGREED UPON OR A MORE AGREEABLE SITE PLAN BETWEEN THE DEVELOPMENT, UH, BETWEEN MONACO, THE CONDOMINIUMS AND THE DEVELOPER. BUT THAT WAS GOING TO TRIGGER A PROBLEM WITH THE PROCESS [02:30:01] AND RESTARTING THE PROCESS. SO CAN I ASK CITY STAFF KIND OF ABOUT THAT? IF THERE'S ANOTHER WAY TO CHANGE THAT SITE PLAN? ARE, ARE WE REQUIRING THE DEVELOPER TO COMPLETELY START OVER OR WHAT HAPPENS HERE? GOOD EVENING. SORRY, THAT WAS, GO AHEAD. YEAH. PATH. GOOD EVENING. UM, ROSEMARY AVILA DEVELOPMENT SERVICES, I'M THE CASE MANAGER FOR THE SITE. UM, TO SPEAK TO THE OTHER SITE PLANS THAT HAPPENED ON THIS SITE, UM, AGAIN, I WASN'T THE REVIEWER ON ANY OF THESE PAST ONES. IT LOOKS LIKE MANY OF 'EM WERE EXPIRED, UM, WITH MANY COMMENTS PENDING. UM, SO WHO KNOWS IF THEY WOULD'VE BEEN APPROVED, UM, BUT THEY WOULD'VE, THE ONES THAT WERE, AND I, AND I UNDERSTAND THAT THOSE OTHER SITE PLANS WERE FROM DIFFERENT PROPERTY OWNERS AS WELL. YES. AND THAT WOULD PROBABLY BE THE, UNDERSTAND THAT THIS PROPERTY OWNER IS NEWER. MANY OF 'EM PREDATE SUB CHAPTER E, WHICH PUSHES THE BUILDING TO THE SIDEWALK. OKAY. OKAY. AND SO IF, IF THEY HAVE A POSSIBLE REDESIGN, I THOUGHT WE MIGHT HAVE SEEN THAT A COUPLE OF TIMES IN THE DISCUSSION, THAT COULD WORK A LOT BETTER. DOES THAT TRIGGER A START OVER FOR THE DEVELOPER AND WHAT THEY'VE ACHIEVED AT THIS POINT? THE CASE IS COMING UP ON EXPIRATION. SO A REDESIGN, UM, THE CASE WOULD EXPIRE AND THEY WOULD HAVE TO DO A NEW SITE PLAN. SO HOW DO WE MAKE ADJUSTMENTS TO THE SITE PLAN BEFORE THAT HAPPENS? PARTICULARLY IF BOTH PARTIES HAVE SOMETHING THAT IS MORE AGREEABLE FOR EVERYONE. UM, I BELIEVE THE LAND DEVELOPMENT CODE WILL OFFER AN UPDATE PERIOD, BUT, UM, I THINK THAT IS, LET ME LOOK IT UP REAL QUICK. IT'S A MATTER OF LIKE A HUNDRED AND SOMETHING DAYS. OKAY, SO A LITTLE OVER THREE MONTHS. YES. COULD WE IN THE CITY DO IT? LIKE DO WE HAVE THE RESOURCES TO MAKE IT HAPPEN? TO DO WHAT? CAN, CAN WE MEET THAT DEADLINE THAT WE'VE IMPOSED ON OURSELVES THAT WE'RE IMPOSING ON THE DEVELOPER AND THE RESIDENTS? MIKE MCDOUGAL DEVELOPMENT SERVICES DEPARTMENT? SO, UM, I THINK THAT THERE IS A TIME PERIOD AFTER COMMISSION IF, FOR EXAMPLE, COMMISSION WERE TO VOTE TO APPROVE THE VARIANCES WITH CONDITIONS THAT MIGHT, UH, REQUIRE SOME SLIGHT REDESIGN, THERE WOULD BE SOME LATITUDE AND AND TIME ALLOWANCE TO DO THAT. THAT THAT PLUS OR MINUS THREE TO FOUR MONTHS THAT, THAT ROSEMARY HAD MENTIONED AND MINOR REVIEWS COULD BE REVIEWED AND CONSIDERED AND, AND THEN APPROVED WITHIN THAT TIME PERIOD IF THERE WERE A MAJOR REDESIGN. WHAT THAT REALLY DOES, THAT PUTS US BACK AT THE BEGINNING. AND I'D LIKE TO POINT OUT THIS IS A 2021 PROJECT. SO, SO USING THAT AS A FRAME OF REFERENCE, IF WE GO BACK TO THE BEGINNING, WE'RE WE'RE, WE'RE TWO YEARS IN ALREADY. SO, SO I WOULD CHARACTERIZE IT AS UNLIKELY IF, IF THERE WERE A MAJOR REDESIGN AS A CONDITION OF THESE VARIANCES, THAT, THAT WHAT'S TAKEN TWO YEARS SO FAR COULD THEN BE ACCOMPLISHED IN LESS THAN FOUR MONTHS. SO WHAT WERE, WHAT WERE WE SEEING, AND MAYBE THIS GOES TO THE APP. I'M NOT SURE IF THIS GOES TO ALL OR THE APPLICANT WHERE THEY WERE SHOWING PICTURES OF THE BUILDING ROTATED, THERE WAS ANOTHER OPTION THERE THAT MAY GO TO THE APPLICANT. AND HOW DOES THAT WORK? IS THAT GONNA, I, I BELIEVE SO. I'LL, I'LL, I'LL LET THE APPLICANT SPEAK TO THAT, BUT I, I GUESS I'M WONDERING DOES THAT TRIGGER ALL OF THIS REDESIGN STUFF? I, IT, IT POTENTIALLY, IT, IT WOULD, UM, SO OKAY. UH, IT POTENTIALLY WOULD, UH, BE A REDESIGN. I THINK THAT MIGHT BE ABLE TO BE DONE WITHIN THE THREE MONTHS. I, I THINK THAT IT'S ON SOME LEVEL WE WERE JUST ATTEMPTING TO GET TO THE GET FROM THERE TO HERE TO THIS POINT SO THAT THE MM-HMM. , THE VARIANCES COULD BE PRESENTED FOR CONSIDERATION. UM, SO I THINK IT WAS, UH, WE WERE THINKING WHAT IS THE NEXT STEP WE NEED TO DO? THE NEXT STEP WAS PRESENT THE VARIANCES. UH, THE REDESIGN, DEPENDING ON THE MAGNITUDE, COULD POSSIBLY BE DONE WITHIN THE FOUR MONTH PERIOD. UM, BUT I, I'LL HAVE TO LET JIM SPEAK TO THAT. OKAY. THANK YOU. UH, LET'S SEE HERE. I WANNA BRING THAT PICTURE BACK. AND MR. JIM, I GUESS MY FIRST QUESTION IS, AS WE LOOK, AS YOU'RE LOADING THAT UP AND WE LOOK AT THAT, IS THAT SOMETHING THAT YOUR CLIENT IS WILLING TO AGREE TO? YEAH, HE'S, HE'S ALREADY AGREED TO IT. SO THIS IS WHAT IT WOULD LOOK LIKE WHEN WE'RE DONE. AND AGAIN, WHAT WE'RE TALKING ABOUT DOING IS ELIMINATING 20, 3800 SQUARE FEET AND THEN SHIFTING THE CONVENIENCE STORE OVER TO THE NORTH SIDE OF THE PROPERTY. UH, I'VE ALREADY VERIFIED THAT THERE'S, THIS IS VERY MINOR GRADING CHANGES. SO IT, IT UNFORTUNATELY DOESN'T LOWER THE WALLS. THAT WOULD DECREASE YOUR YEAH, THAT DECREASES YOUR CLIENT'S USABLE AREA. IT OPENS UP BUILDING FOUR. WAS THERE ANOTHER [02:35:01] BUILDING DOWN THE SIDE? THEY TALKED ABOUT COMMISSIONER AL, WE, WE, YOU CAN'T HEAR IT. THE BUZZER DID RING. SO, UH, DOES ANYBODY WANNA PICK UP QUESTIONS? OKAY, COMMISSIONER AZAR, GO AHEAD AND FINISH, UM, ANSWERING THE QUESTION AND THEN WE'LL MOVE ON TO COMMISSIONER AZAR. YEAH, SO I WAS ASKING DOES IF WE MODIFY THE SITE PLAN, DOES THAT THEN PROVIDE RELIEF FOR BUILDING THAT BUILDING ONE THAT WAS GONNA BE ADJACENT ALONG THE, UM, THAT OTHER SIDE CLOSER TOWARDS AL TORF? UH, YOU KNOW, WHEN WE PRESENTED THIS DURING THE ZOOM MEETING, THE, THE BOARD MEMBERS, UH, IT SEEMED TO ME WERE VERY, VERY HAPPY AND APPRECIATIVE OF THAT. AND THIS WOULD ALSO, I'M GONNA ASK HIM, THIS WOULD ALSO INCLUDE, UH, CHANGING WHAT WAS OUR TWO NINE FOOT RETAINING WALLS TO THE THREE WALLS THAT I SHOWED HERE. IF MY CLICKER WOULD WORK AGAIN, IT DOESN'T, ONE MORE THERE. SO THE, THE THREE RETAINING WALLS LIKE THIS, INSTEAD OF TWO NINE FOOT WALLS, THIS WOULD BE WHAT WE WOULD BUILD. SO CAN THE MAGIC, UH, QUESTION IS, CAN WE GET THESE CHANGES APPROVED IN 90 DAYS? YES, WE CAN. AND I WILL COMMIT TO IT RIGHT HERE AND RIGHT NOW THAT WE'LL DO THAT. IT'LL BE A SITE PLAN REVISION. IT WON'T BE A CORRECTION. IT'LL BE, IT, IT'S NOT A COMPLETE REDO, BUT IT'S SIGNIFICANT. BUT WE CAN DO IT IN 90 DAYS. OKAY. SO THAT, UM, WE HAVE TO MOVE ON TO COMMISSIONER ZA, IF YOU HAVE ADDITIONAL QUESTIONS. IT'S YOUR TIME. UM, THANK YOU CHAIR. I I DID WANNA, UM, SEE WE HAVE THE LAWYER FROM THE APPLICANT. CAN WE HEAR FROM THEM AND TALK ABOUT A LITTLE ABOUT THE NEGOTIATIONS THAT THEY'VE HAD? AND THEN JUST REAL QUICK, AFTER YOU AS COMMISSIONER COX, I JUST WANNA, I JUST, WE WENT OUT OF ORDER, BUT I WANNA ACKNOWLEDGE MR. COX'S NEXT. GOOD EVENING. I'M KEVIN CHILDS. I, UH, I'M AN ATTORNEY WHO REPRESENTS THE APPLICANT. ARE THERE SPECIFIC QUESTIONS THAT YOU HAVE ABOUT THE NEGOTIATIONS AT THIS POINT? NOT SPECIFIC QUESTIONS. SO MR. CHILDS, IF YOU CAN SHARE SOME OF THE NEGOTIATIONS YOU'VE HAD, CUZ WE'VE HEARD SORT OF BOTH SIDES IN THE COMMUNITY COMMENT. SURE. IT WOULD BE GREAT TO HEAR, UM, YOUR RESPONSE TO SOME OF THAT AS WELL. SURE. YEAH, WE HAD A ZOOM MEETING WITH SOME OF THE REPRESENTATIVES OF MONACO AND WE'VE ALSO EXCHANGED CORRESPONDENCE. AND THE CORRESPONDENCE AND THE OPINIONS OF MONACO ARE VERY CONSISTENT WITH WHAT YOU'VE HEARD TONIGHT. THERE'S NO SURPRISE THERE. UM, AND I THINK YOU ALSO SAW THE ALTERNATIVE SITE PLAN THAT MONACO PROPOSED. UH, MONACO'S BELIEF IS THAT THE ENTIRE SITE SHOULD BE LOWERED. THE PROBLEM WITH THAT IS THAT THE DRAINAGE CRITER CRITERIA MANUAL WILL NOT PERMIT US TO DO THAT IN, IN ORDER TO USE THE EXISTING STORMWATER RUNOFF SYSTEM THAT'S ALREADY BUILT INTO EAST OLD WHARF, THE POND HAS TO BE LOCATED IN A CERTAIN LOCATION OR IT HAS TO BE A CERTAIN HEIGHT. UH, IN ADDITION TO THAT, THE ALTERNATIVE SITE PLAN PROPOSED A VERY STEEP DRIVEWAY GRADE OFF OF WICKERSHAM ONTO THE SITE. AND THAT'S GONNA CREATE AMERICANS WITH DISABILITIES ACT PROBLEMS AND OTHER PROBLEMS IN ENGINEERING A COMMERCIAL SITE. UH, THERE'S JUST A FUNDAMENTAL DIFFERENCE BETWEEN A COMMERCIAL SITE AND A RESIDENTIAL SITE AS IT'S PLACED ON THIS PROPERTY. SO IF I HAD TO CHARACTERIZE THE NEGOTIATIONS, YOU KNOW, THERE CERTAINLY HAS BEEN A HEALTHY DISCOURSE BACK AND FORTH AND A LOT OF EXCHANGE OF OPINIONS, BUT THERE'S A DIFFERENCE OF OPINION. AND, UH, THE DIFFERENCE OF OPINION IS THAT THE APPLICANT IS TRYING THE BEST THAT THEY CAN TO COMPLY WITH THE DRAINAGE CRITERIA MANUAL AND A NUMBER OF OTHER ORDINANCES, SUCH AS THE COMMERCIAL DESIGN STANDARDS. AND I FEEL THAT THEY'RE DOING THE BEST THEY CAN UNDER THESE CIRCUMSTANCES. I UNDERSTAND THAT THERE'S DISAGREEMENT. I DON'T THINK THAT THERE IS SUCH A THING AS A PERFECT SITE PLAN, BUT I THINK THAT THE VARIANCES THAT ARE BEING REQUESTED HERE ARE LIMITED IN CHARACTER AND THEY'VE BEEN DELIBERATELY LIMITED BY STAFF. UH, SO I, THE ONLY OTHER THING I COULD SAY ABOUT THIS IS THAT TONIGHT IT'S VERY OBVIOUS THAT THERE'S A LOT OF PEOPLE THAT ARE CONCERNED ABOUT THE STRUCTURAL STABILITY OF A RETAINING WALL. AND THEY HAVE OVER AND OVER AGAIN TONIGHT SAID THAT THEY'RE CONCERNED ABOUT CONSTRUCTION ON PLASTIC SOILS, BUT WE'RE NOT GONNA BE BUILDING ON PLASTIC SOILS. THEY ARE ALSO OBJECTING TO THE IDEA THAT WE'RE PUTTING FILL IN, WELL, THAT FILL IS GONNA BE ENGINEERED. WE USE ENGINEERED FILL WHEN WE FILL A SITE LIKE THIS IN THE SAME WAY THAT WE ENGINEER A ROAD BED AND IT'S COMPACTED IN LAYERS SO THAT IT FORMS ITS OWN STRUCTURAL COMPONENT OF THE DEVELOPMENT. SO I WOULD LIKE TO REASSURE EVERYBODY THAT THIS IS, AS STAFF HAS SAID, GONNA BE AN ENGINEERED PROJECT AND IT SHOULD, IT SHOULD PERFORM ACCORDINGLY. I'LL ASK ONE QUICK QUESTION BEFORE MY TIME. AND SO ON THAT NORTHWESTERN BIT WHERE THE RETAINING WALL IS NEXT TO THE DETENTION POND, IS IT POSSIBLE TO LOWER THAT WALL, THE HEIGHT OF THAT RETAINING WALL AND STILL MEET THE WATERSHED REQUIREMENTS? OR WOULD IT NOT BE POSSIBLE? THAT'S AN ENGINEERING QUESTION THAT I'M [02:40:01] NOT SURE I'M PREPARED TO ANSWER. I'D HAVE TO DEFER TO, TO, UH, CIVIL ENGINEER ON THAT QUESTION. I APPRECIATE THAT. THANK YOU. THANK YOU. ALL RIGHT. UH, COMMISSIONER COX, YOU'RE NEXT. AND THEN, UH, COMMISSIONER CONLEY FOLLOWS. YEAH, UH, SO I AM A CIVIL ENGINEER AND, UH, I'VE SPENT A LOT OF TIME TALKING WITH MR. MCDOUGAL, MR. MCDOUGAL ABOUT CUT AND FILL VARIANCES. SO I, I, I KNOW A LOT ABOUT THIS AND, AND, UM, TO ME IT'S, IT'S WHAT THE APPLICANT'S PRESENTED, UM, IS, IS WHAT THE ENGINEERING WOULD REQUIRE FOR THE DEVELOPMENT THAT'S SHOWN. UM, AND SO REALLY THIS BOILS DOWN, I DON'T THINK THERE'S AN ENGINEERING SOLUTION TO THIS. I THINK THIS REALLY BOILS DOWN TO A QUESTION OF HOW MUCH DEVELOPMENT WE THINK IS APPROPRIATE ON THE SITE. AND SO MY QUESTION TO THE APPLICANT IS, UM, YOU'VE, YOU'VE PRESENTED THIS ALTERNATIVE SITE PLAN THAT SEEMS TO BE EXTREMELY SIMILAR TO WHAT THE HOA ENGINEER HAD INCLUDED IN HIS SLIDE DECK. I'M NOT SURE IF, IF THE HOA ENGINEER HAD HAD PROPOSED THAT SITE PLAN OR IF THEY'RE JUST AGREEABLE TO IT. BUT FOR ME PERSONALLY, IT'S A MUCH MORE AGREEABLE SITE PLAN THAN THE ONE IN THE INITIAL PRESENTATION WHERE YOU'VE GOT THE BUILDINGS BUTTING UP AGAINST BUILDINGS. AND SO MY QUESTION TO YOU, I KNOW HOW THE VARIANCE PROCESS IS EXTREMELY ONEROUS, BUT MY QUESTION TO YOU IS, UM, IF IT'S A CHOICE BETWEEN THIS VARIANCE GETTING VOTED DOWN BY THIS COMMISSION OR THIS VARIANCE BEING POSTPONED BY THIS COMMISSION TO ALLOW YOU TO MAKE SITE PLAN CHANGES, WHICH WOULD YOU PREFER? WE WOULD PREFER, UH, WHEN YOU SAY POSTPONED, I ASSUME YOU'RE TALKING ABOUT, UH, APPROXIMATELY A 90 DAY PERIOD TO DO A SITE PLAN REVISION? YES. YES. WE WOULD ACCEPT THAT AS A, UH, A SOLUTION IF, AND THIS IS A BIG IF, AND I DON'T KNOW IF I CAN GET THE ANSWER THAT I WANT. IF WE WERE ASSURED THAT AT THE END OF THAT, THAT YOU GUYS WOULD BE APPROVING THE VARIANCES, OR MAYBE YOU APPROVE THE VARIANCES TODAY AND MAKE IT CONDITIONAL ON THAT, THAT'S WHAT I PREFER. NO, NO. SEE, SEE THAT, THAT YOU'RE NEVER GONNA GET THAT ASSURANCE . BUT, BUT I, I GUESS FROM MY PERSPECTIVE, UM, I PROBABLY WOULD NOT VOTE ON THE INITIAL SITE PLAN, BUT I POSSIBLY COULD VOTE YES ON THE REVISED SITE PLAN. AND SO I, I DON'T THINK YOU'RE GONNA GET AN ASSURANCE EITHER WAY, BUT I JUST HAVE A SNEAKING SUSPICION JUST BASED ON MY GUT, THAT THE INITIAL SITE PLAN THAT IS ACTUALLY PART OF THE APPLICATION IS NOT GOING TO GET APPROVED. THAT'S WHAT MY GUT'S TELLING ME. BUT I THINK THAT THE ALTERNATIVE SITE PLAN THAT BOTH YOU AND THE HOAS ENGINEER HAD IN YOUR PRESENTATION IS INFINITELY MORE PREFERABLE. AND SO I WANNA PROVIDE YOU A PATH TO MAKE THAT HAPPEN WITHOUT YOU HAVING TO START ALL OVER AGAIN. AND SO I'M JUST TRYING TO GET A SENSE THAT IF, IF THAT'S THE CHOICE THAT WE'RE FACED HERE, THAT YOU WOULD MUCH PREFER THE ABILITY TO REVISE THAT SITE PLAN TO SOMETHING MORE AMENABLE TO ALL INVOLVED AND THEN ALLOW US TO ACTUALLY VOTE FOR IT BECAUSE WE'RE THE LAST STOP. VERY, YES. THERE'S, THERE'S NOTHING PAST US. SO I'M ASSUMING A POSTPONEMENT IS PREFERABLE TO A REJECTION. SO COMMISSIONER COX, YOU, YOU ARE CORRECT. WE WILL ACCEPT THE POSTPONEMENT AND I WILL JUST HOPE LIKE HECK THAT, UH, I, I'LL, I'LL STATE THIS RIGHT UP FRONT. THE REDESIGN WILL NOT CHANGE THE HEIGHT OF THE RETAINING WALL. IT'S GONNA REMAIN THE SAME EXCEPT THE DESIGN WILL GO FROM TWO WALLS TO THREE WALLS, THREE SIX FOOT WALLS INSTEAD OF TWO NINE FOOT WALLS. BUT THE HEIGHT WILL NOT CHANGE. THE LOCATION OF THE BUILDINGS WILL CHANGE. AND I, YES, I'LL ACCEPT THAT. THAT'S A, THAT'S A CREATIVE SOLUTION. AND I, I, I WAS BLOWN AWAY WHEN I SAID TO CITY STAFF, WELL, LET ME CHANGE THIS. AND, AND ROSEMARY SAID TO ME, IF YOU GET ONE QUESTION, ONE QUESTION, YOU'RE EXPIRED. AND THIS IS AFTER TWO YEARS AND $200,000 IN ENGINEERING CHARGES SO FAR, WE, WE CAN'T RISK THAT. SO THAT'S WHY WE BROUGHT IT FORWARD AS IS. YEAH. TRUST ME, I, I KNOW HOW IOUS IT IS, AND THAT'S WHY I JUST WANT TO PRESENT THAT HOPEFULLY AS AN OPTION TO THIS COMMISSION, UH, TO FIND A WAY TO MAKE THIS HAPPEN, UH, RATHER THAN, RATHER THAN, UH, FORCE ANYONE TO, TO START OVER. UM, THAT'S ALL THE QUESTIONS I HAVE. THANKS. OKAY. WE HAD, UM, I GUESS COMMISSIONER CONLEY FOLLOWED BY COMMISSIONER ANDERSON. I, ANDERSON COMMISSIONER. OKAY. WE'LL SWITCH IT. COMMISSIONER ANDERSON. THANKS, CHAIR. QUESTION FOR STAFF AND OR PERHAPS [02:45:01] THE APPLICANT. I AM CURIOUS. SO WE SAW THAT VERSION THAT SHOWED KIND OF THE SOFTER, MORE APPEALING TWO STEP BACKS. UM, THERE WERE, ALL RIGHT, SEE YOU. THANKS . UM, IT, IT SHOWED THE PLACEMENT OF THE BUILDINGS PLACED IN DIFFERENT PLACES. HOW DO WE MEMORIALIZE THOSE? LIKE HOW DO WE MAKE SURE THAT'S NOT, YEAH, I PROMISE TO DO THESE THINGS AND THEN I GET THE ABILITY TO DO WHAT I WANT AND I JUST DO WHAT I WANT INSTEAD. MIKE MCDOUGAL DEVELOPMENT SERVICES DEPARTMENT. I THINK THE, UH, THIS IS AN UNUSUAL SITUATION. SO I'M, I'M, I'M CREATING A SOLUTION AS WE GO ALONG. I THINK ONE WAY TO DO IT WOULD BE TO PRESENT THE, THE, UH, THE, THE SITE PLAN. NOW, UH, THESE VIDEOS ARE UPLOADED AND AVAILABLE WITHIN A HANDFUL OF DAYS ONLINE. I COULD, OR ROSEMARY COULD, THE STAFF COULD LOOK AT THE VIDEO IF IT'S HELD ON THE SCREEN FOR, YOU KNOW, AT A CERTAIN MOMENT AND COMPARE WHAT WE'VE TALKED ABOUT TONIGHT TO WHAT COMES IN AT SOME FUTURE POINTS. SO WE BASICALLY COMPARE, YOU KNOW, WHAT, WHAT'S, WHAT'S RECORDED. UM, THAT'S ONE WAY. AND THEN THE SECOND WAY IS IF THE VOTE IS A POSTPONEMENT, THEN WE'RE GONNA COME BACK AGAIN. AND SO, UM, YOU KNOW, THERE AGAIN, UM, THE COMMISSION COULD ALSO, YOU KNOW, MEMORIALIZE THROUGH THE SAME, YOU KNOW, BY HOLDING THE IMAGE ON, ON THE SCREEN FOR A FEW MINUTES AND COMPARE THAT TO, UH, WHAT WE SEE IN A HANDFUL OF MONTHS WHEN THE PROCESS REPEATS ITSELF. SO, SO THERE'S A WAY TO MAKE SURE THAT WHAT WE'RE TALKING ABOUT TONIGHT IS WHAT WE SEE AGAIN, UM, BECAUSE IT SOUNDS LIKE THAT, THAT, UH, ONE POSSIBLE PATH IS TO POSTPONE THE DECISION PENDING A REDESIGN. AND SO, SO AS THE ENVIRONMENTAL REVIEWER, I CANNOT APPROVE THIS UNTIL, UNLESS IT EITHER CO COMPLIES WITH CODE OR UNTIL THE VARIANCES ARE GRANTED, I WILL NOT. AND SO, UM, I WILL BE BACK HERE IF WE POSTPONE AND SO WE CAN TALK ABOUT IT AGAIN. GREAT. AND, AND I GUESS ANOTHER QUESTION ABOUT THE WALL HEIGHT. SO THIS IS PREDICATED ON THE NEED OF THE, THE DETENTION POND. IS THERE MAGIC TO BE HAD IN MAYBE A DIFFERENT TYPE OF DETENTION POND WHERE THE WALL DOESN'T HAVE TO BE AS TALL? THAT'S A, A GOOD QUESTION. I THINK I'D HAVE TO DEFER TO THE ENGINEER ON, ON THE PROJECT. UM, HOWEVER, THE, THE POND CAPACITY IS BASED ON THE AMOUNT OF IMPERIOUS COVER AND THE ANTICIPATED RAINFALL. AND THERE, THE CITY HAS CRITERIA ON THAT. AND THIS IS GETTING OUT OF MY REVIEW DISCIPLINE. SO, BUT, SO I CAN GIVE YOU THE GENERAL POINTS, BUT THE POND CAPACITY IS BASED ON THE IMPERVIOUS COVER. SO THE POND EITHER GOT, MUST EITHER HAVE A CERTAIN DEPTH AND OR A CERTAIN FOOTPRINT, BUT IF THE DEPTH IS LOWER, THEN THE FOOTPRINT WOULD HAVE TO BE VIEWED LARGER. AND COULD, COULD TECHNICAL STAFF, COULD YOU PUT UP THE IMAGE OF THE SITE PLAN, THE ONE PROVIDED BY THE APPLICANT? GO TO THE KEVIN, THE KEVIN PRESENTATION. THANK YOU. WHEN LOOKING AT THIS, THESE LANES LOOK REALLY, YOU JUST, YEAH, PERFECT. THAT'LL WORK. OR MAY, IS THAT THE RIGHT ONE? ONE MORE, ONE MORE. SURE, SURE. SO THESE LANES SEEM, MAYBE THIS IS A QUESTION FOR THE APPLICANT, UM, THESE LANE OR MAYBE STAFF. SO THESE ARE REALLY WIDE. HOW MUCH OF THIS IS DICTATED BY OUR LOCAL AMENDMENT TO AUSTIN FIRE CODE WHERE WE REQUIRE 25 FOOT WIDE LANES INSTEAD OF 20 LIKE MOST CITIES? THAT INFORMATION I DON'T HAVE, BECAUSE THAT, THAT, I APOLOGIZE, THAT'S OUTSIDE OF ENVIRONMENTAL REVIEW. UM, WHICH IS INTERESTING. CAUSE LIKE YOU SAID THIS, IT'S PREDICATED ON THE AMOUNT OF PREVIOUS COVER AND YES, AUSTIN FIRE DEPARTMENT WANTS THESE RIDICULOUSLY WIDE LANES EVERYWHERE. RIGHT, RIGHT. WELL, I, I DO WANT TO POINT OUT, UM, YOU KNOW, THE, UH, AND I THINK COMMISSIONER COX HAD MENTIONED AT SOME POINT, SO I'M GRATEFUL FOR THAT, THAT THAT, THAT HE MENTIONED THAT, THAT, THAT BASICALLY, YES, YOU KNOW, THE, THE SIZE OF THE PROJECT IS WHAT CAN DICTATE A VARIANCE. SO, YOU KNOW, IF FOR EXAMPLE, UM, SOMEBODY PROPOSED A TOOL SHED, WELL, THERE WOULD BE A LOT LESS CUT AND FILL. SO, SO THAT DOES COME DOWN TO, YOU KNOW, WHAT IS THE APPROPRIATE AMOUNT OF DEVELOPMENT ON THIS PROPERTY? WELL, THE WATERSHED IMPROVEMENT IS COVER LIMIT THAT IS 80%, BUT THAT DOESN'T MEAN SOMEBODY IS GUARANTEED 80%. SO, WELL, IF, IF WE WANT TO HAVE SMALLER VARIANCES, DO WE SAY, OKAY, WELL THEY GET 20% AND THE VARIANCES WILL BE SMALLER, THE PONDS WILL BE SMALLER, THERE'LL BE A LOT LESS GRADING. OR WE SAY, WELL, IS 60% MORE APPROPRIATE FOR THIS SITE? SO IT BECOMES A VERY CHALLENGING, UM, ALMOST PHILOSOPHICAL QUESTION, WHAT IS THE APPROPRIATE AMOUNT OF DEVELOPMENT FOR THIS SITE? AND THEN WHAT AMOUNT OF VARIANCE IS APPROPRIATE TO FACILITATE THAT AMOUNT OF, OF DEVELOPMENT? SO, SO YOU'RE, I MENTIONED ALL THAT BECAUSE THE QUESTION OF, WELL, CAN WE MAKE NARROWER LANES? YES, POSSIBLY SO, OR POSSIBLY WE CAN HAVE SMALLER BUILDINGS. UM, NOW RETAIL MIGHT BE CHALLENGING WITH A TWO-STORY BUILDING, AND I'M NOT EVEN SURE IF THAT WOULD EVEN BE AGREEABLE TO WITHIN THE ZONING REQUIREMENTS OR THE NEIGHBORS, ANYTHING LIKE THAT. BUT, YOU KNOW, ONE SOLUTION THAT PEOPLE, WHEN PEOPLE HAVE VERY LOW OUS COVERS, CAN YOU GO UP INSTEAD OF WIDER WITH THE FOOTPRINT? SO THERE MIGHT BE WAYS TO REDUCE THE IMPERVIOUS COVER. UM, WE CAN LOOK INTO THIS. IT'S GREAT. THANK YOU. THANK YOU. YEAH, IT'S VERY CHALLENGING. YES. GOTCHA. SO, UH, IF THIS CASE IS POSTPONED, I WOULD LOVE TO VISIT THIS SITE WITH BOTH THE APPLICANT AND I'D LOVE TO VISIT WITH THE NEIGHBORS AS WELL, MR. CONLEY? YEAH. QUESTIONS? YEAH, MY, MY QUESTIONS, YOU KNOW, I, I THINK THERE MIGHT BE SOME MORE CLARITY THAT WILL EVOLVE, BUT I JUST WANTED TO ASK A QUESTION TO THE APPLICANT SPECIFICALLY AROUND THE SITE PLAN THAT WE'RE LOOKING AT RIGHT NOW. UM, AND THIS QUESTION ABOUT HOW MUCH SHOULD DEVELOPMENT IS APPROPRIATE ON THE SITE, LOOKING AT THE AMOUNT [02:50:01] OF PARKING THAT'S ON THE SITE. COULD YOU WALK US THROUGH HOW YOU ARRIVED AT THE, WHAT IS BEING PROPOSED AND, AND WHY YOU THINK THAT THAT IS THE BEST, UM, THING FOR THE SITE, FOR THAT PARTICULAR SITE? YEAH. THE, THE EXISTING SITE PLAN IS, UH, I BELIEVE 16,800 SQUARE FEET OF PROPOSED RETAIL. UH, THERE'S A 3,800 SQUARE FOOT LAUNDROMAT THAT'S BEEN NOW TAKEN OUT OF THE PLAN. UH, A CONVENIENCE STORE, WHICH IS NOT YOUR TYPICAL LITTLE CONVENIENCE STORE. IT'S MORE LIKE, UH, UH, A QUASI NEIGHBORHOOD GROCERY, IT'S GOT A DELICATES IN IT, ET CETERA, ET CETERA. AND THEN THERE'S, UH, THERE'S THREE SMALL LEASE SPACES UP ON THE CORNER OF WICKERSHAM OLTORF. UM, SO WE TOOK 3,800 SQUARE FEET OUT. SO WE'RE DOWN TO ROUGHLY 13,000 SQUARE FEET. SO THE PARKING, WE GO WITH WHAT'S ALLOWED IN THE CODE, WHICH IS, UH, WE ARE, WE ARE IN THE URBAN CORE, EVEN THOUGH WE'RE IN THE SUBURBAN WATERSHED, WE'RE IN THE URBAN CORE, SO WE GET A 20% PARKING REDUCTION. SO WE TOOK THAT AND, UH, THINK WE HAD A NEED FOR 42 SPACES. I CAN'T RECALL RIGHT NOW WHAT THE NUMBER WAS, BUT WE, WE JUST MAKE THE, THE MINIMUM PARKING REQUIREMENT OF THE PLAN. AND YOU, YOU, YOU PROBABLY ARE AWARE THAT THE CITY IS RIGHT NOW, UM, THERE'S BEEN A RESOLUTION PASSED ALREADY TO DIRECT STAFF TO INITIATE THE PROCESS TO ELIMINATE, UM, PARKING REQUIREMENTS. AND SO I'M WONDERING, I CAN'T WAIT. I CAN'T WAIT. YEAH. IF YOU DIDN'T HAVE A PARKING MINIMUM, WOULD YOU CONSIDER FEWER PARKING SPACES ON SITE? SURE. YEAH, SURE. BUT I MEAN, RIGHT NOW, YOU KNOW, THE ENVIRONMENTAL COMMISSION ASKED US FOR SOME EV PARKING SPACES. WE SAID, WELL, WE'LL CONSIDER IT, BUT WE REALLY CAN'T COMMIT TO IT BECAUSE WE NEED THE PARKING RIGHT NOW. AND WE, WE CAN'T AFFORD TO NOT HAVE PARKING AVAILABLE SO THAT SOMEBODY MIGHT COME IN WITH AN EV TO CHARGE IT. SO, YOU KNOW, YEAH. IF, MAN, I CAN'T WAIT FOR THE DAY THAT YOU GUYS KILL THAT. THAT'S, THAT'S RIDICULOUS. UM, JUST ONE MORE QUESTION. UH, YOU KNOW, THE NEIGHBORHOOD HAS SORT MADE A NUMBER OF TALKING POINTS ABOUT HOW THERE COULD BE ALTERNATE THINGS ON SITE. UM, ARE THERE THINGS THAT, THAT WOULD BE VIABLE ON SITE OR BASED ON CALCULATIONS OR THE LOCATION AND, UM, THIS IS THE MOST, UM, FEASIBLE USE OF THE SITE? ECONOMICALLY SPEAKING? THIS IS, UH, I, I DON'T KNOW. I MIGHT GET PUSHBACK FROM THE MONACO PEOPLE, BUT I'M GONNA DESCRIBE THIS AREA AS SOMEWHAT OF A FOOD DESERT. THERE AREN'T MANY PLACES TO GET ANYTHING AROUND THERE. THERE'S, YEAH, YOU CAN GO DOWN THE STREET AND, UH, UH, AT PLEASANT VALLEY, THERE'S, THERE'S SOME PLACES, BUT, UH, TO THIS IS, THERE'S FOUR BUS STOPS THAT, UH, ARE WITHIN A HUNDRED FEET OF THIS, UH, PROPERTY, UH, THREE BUS LINES THAT, THAT GO DOWN THESE TWO STREETS. AND THERE'S A LOT OF PEOPLE GETTING OFF AND GETTING ON THE BUS RIGHT THERE. THERE'S A LOT OF SEA OF APARTMENTS SURROUNDING THIS. AND A PLACE FOR PEOPLE TO BE ABLE TO GET A CUP OF COFFEE, A DELI SANDWICH, WHATEVER. UH, YOU KNOW, IT'S, IT, I I THINK IT'S, IT'S AN, IT, IT'S A PLUS TO THE NEIGHBORHOOD, AND THAT'S HOW WE'VE ALWAYS, ALWAYS CONSIDERED IT. THAT'S, THAT'S WHY HE FOUND THIS SITE TO BE SO APPEALING TO. OKAY. THANK YOU. I APPRECIATE IT. YOU'RE WELCOME. ALL RIGHT. UM, THE VOLUME ON, WE HAVE TWO MORE QUESTIONS. I DO. AND I WILL ASK TO, UM, SUSPEND OUR RULES, SEE IF WE HAVE MORE, CUZ I KNOW I HAVE QUESTIONS. WE HAVE, UH, COMMISSIONER MTO, AND THEN IF THERE'S ROOM, WE'LL MAKE ROOM, I THINK. ARE THERE ANY OBJECTIONS TO ADDING A FEW QUESTIONS? OKAY. CUZ THIS IS AN IMPORTANT, VERY COMPLICATED CASE. SO LET'S GO COMMISSIONER, UH, MOTO COMMISSIONER, UH, CHAIR COHEN. AND THEN, UH, I'LL TAKE THE SPOT AND IF WE NEED ANOTHER ONE, WE'LL, WE'LL, WE'LL GET, WE'LL DO IT. ALL RIGHT. COMMISSIONER AL, GO AND TAKE THE NEXT ONE. OKAY. SORRY, I USE YOUR TIME WISELY. UM, I HAVE QUESTION FOR STAFF. GIVEN THE CONSTRAINTS THAT WE'RE DEALING WITH ON THIS SITE, CAN WE APPROVE A PARKING VARIANCE FOR THIS SITE? UH, I'M SORRY, CAN YOU REPEAT THE QUE MIKE MCDOUGAL DEVELOPMENT SURFACES? CAN YOU REPEAT THE QUESTION PLEASE? THANKS, MIKE. UM, YES, GIVEN THE SITE CONSTRAINTS AND THE DIFFICULTY WITH THIS SITE, ARE WE ABLE, UM, CAN, DO WE HAVE A MECHANISM TO APPROVE A PARKING VARIANCE? WE'VE BEEN ASKED FOR THREE OTHER VARIANCES. HOW ABOUT A PARKING VARIANCE? I'D HAVE TO DEFER TO ROSEMARY ON, ON ABILITIES TO REDUCE PARKING? I, I BELIEVE THE APPLICANT HAS REDUCED THE PARKING TO THE EXTENT THAT IS ALLOWED ALREADY AT THE ADMINISTRATIVE LEVEL FROM 65 TO 52 SPACES. [02:55:01] SURE. I JUST DIDN'T KNOW IF WE CAN TAKE IT DOWN FURTHER. AND THIS IS A VERY WALKABLE, BIKEABLE AREA, MAY HAVE A LOT OF DEVELOPMENT SERVICES. UM, IT WOULD ACTUALLY GO AHEAD AND ANSWER. AND THEN COMMISSIONER COHEN SOUNDED LIKE SHE WANTED TO RESPOND AS WELL, SO, YES. OH, NO, I WAS POINTING AT ME. YES, I UNDERSTAND. LITERALLY THE BOARD OF ADJUSTMENT. YES. IT WOULD BE BOARD OF ADJUSTMENTS. THAT'S THE ANSWER. ALL RIGHT. THEY BOTH AGREE. ALL RIGHT. SO, SO THE PARKING VARIANCE WOULD HAVE TO GO THROUGH THE BOARD OF ADJUSTMENTS OR WE COULD PUT IT IN AND THEY WOULD HAVE TO APPROVE IT. SORRY, JUST PROCESS QUESTION. CAN, CAN I ANSWER THAT? YES, SURE, PLEASE. SO, SO, UH, BOARD OF ADJUSTMENT HAS A DIFFERENT SET OF CRITERIA ON WHAT WE CAN GRANT VARIANCES ON. AND IT DOESN'T NECESSARILY MEAN IT WOULD BE APPROVED. UH, I REALLY COULDN'T SPEAK TO IT TOO MUCH SPECIFICALLY FOR THE CASE BECAUSE WE WOULD HAVE TO HEAR IT UNBIASED, BUT IT COULD GO EITHER WAY, HONESTLY. IT'S JUST, THIS IS A REALLY, THIS IS A REALLY GOOD OPPORTUNITY TO GET THIS RIGHT. I, I JUST WANT TO ADD THAT IF WE START MIXING IN A BOA VARIANCE, WHICH I KNOW RIGHT NOW THE EARLIEST WE COULD GET ON WOULD BE SEPTEMBER 11TH. AND, UH, THERE'S EVERY GOOD CHANCE THAT IT WOULD BE AT LEAST POSTPONED ONCE, UM, AND THEN WE'D BE LOOKING AT REDESIGNING THE POND, EVERYTHING ELSE, THERE'S NO WAY WE'RE GONNA GET THAT ALL DONE IN 90 DAYS. SO I'D SAY IF, IF WE'RE DOING MAJOR AL UH, ALTERATIONS TO THE PARKING ON THE SITE, THERE'S NO WAY I CAN MEET MY COMMITMENT TO DO A REVISION IN 90 DAYS. IF MY QUESTION IS STAFF IS, IF WE ARE DOING THE POSTPONEMENT, DOES THAT DELAY THEIR SITE? EXPIRATION COMMISSION WOULD HAVE TO SET A DATE FOR THE NEXT HEARING, UM, TO KEEP IT FROM UNEX EXPIRING, KEEP IT UNEX EXPIRED. UM, WE WOULD HAVE TO SET A DATE. OUR DATABASE WOULD BE SET TO THE NEXT HEARING. UM, AS LONG AS IT'S ON AN AGENDA, THEN IT WON'T EXPIRE. THANK YOU. ALL RIGHT. SO, UM, WE'RE MOVING ON TO, I THINK, UH, COMM CHAIR. COLLIN, YOU HAD QUESTIONS? UH, I DID. UM, BUT MIND ME, BE A LITTLE MORE TECHNICAL MAYBE FOR ONE OF THE ENGINEERS. EITHER, UH, ENGINEER FROM HR, COMMISSIONER COX. CAUSE UH, I REMEMBER IT WAS, UM, BACK IN 2017 WHEN THERE WAS A RETAINING WALL THAT FELL JUST 2000 FEET AWAY. THERE WAS A BIG NEWS ARTICLE ABOUT IT. AND I KNOW THIS ONE IS SLIGHTLY DIFFERENT BECAUSE OF THE TYPE OF BLOCKS ARE BEING USED. BUT WITH THE PLASTICITY OF THE SOIL, THE DENVER, AT LEAST THAT THIS AREA IS KNOWN FOR, WOULD IT, DO YOU KNOW IF IT WOULD'VE TO BE ANCHORED OR, SORRY, I DON'T HAVE ANY INFORMATION ABOUT THAT. WELL, ONE OF THE, ONE OF THE APPLICANTS PRESENTED, UH, BUT I'M NOT FAMILIAR WITH IT, ARE DID MR. WOODLAND. I KNOW THE ONE ON BK QUESTION, WHICH IS BUILT PART OF BK ROAD, PART OF DDOT, WHICH WE ALL KNOW DEXSTAR HAS AN ARMY OF INSPECTION. YOU CAN SEE THE WALL FAILED MULTIPLE TIMES OVER THE YEARS. EVEN NOW, THAT PICTURE I SHOWED SHOWED THE WALL DETERIORATING AND FIXING TO, TO FALL THIS TYPE OF WALL LIKE LIMESTONE, YOU'VE SEEN IT ALL THE TIME. IT'S, UH, I THINK A CABLE SOMETIMES MATTING GO INTO THE SOIL. AND AS YOU BACKFILL, THAT'S WHAT'S HOLDING THIS WALL IN PLACE. SO ANY MOVEMENT IN, IN, UH, SOIL, ANY WATER, ANY DAMAGE, THAT PLASTIC OR THAT FIBER SOMETIMES BREAK. WHEN THE FIBER BREAK, THEN THE WALL'S GONNA FAIL. JUST CAUSE I KNOW YOU HAVE A LIMITED TIME UNDER QUESTIONS AND I THINK I, I WAS WANT, DO WE HAVE THE ENGINEERING, UH, ENGINEER FOR THE APPLICANT HERE THIS EVENING? CAUSE I HAVE A BUNCH OF QUESTIONS. MY, MY, MY ENGINEER, BELIEVE IT OR NOT, IS IN ISLAM'S, IN ISLAMABAD, PAKISTAN RIGHT NOW ON VACATION. THAT'S HIS IDEA OF VACATION. OKAY. CHAIR. WHO'S, UH, COMMISSIONER COX, ARE YOU SPEAKING? OH, IS THAT, YEAH. OKAY. IF, IF CHAIR COHEN DOESN'T MIND, I JUST WANTED TO OFFER UP, CUZ I'M LOOKING AT THE DESIGN DOCUMENTS RIGHT NOW OF THE WALL. AND THIS IS ACTUALLY A VERY SIMILAR CONSTRUCTION TO WHAT YOU SEE TECH.DO ON OVERPASSES. THEY ARE USING A STRUCTURAL GEO GRID THAT TIES BACK A MINIMUM OF 12 FEET INTO THE SOIL. AND SO THE LIMESTONE BLOCKS AREN'T ACTUALLY DOING MUCH, IT'S MORE AS AESTHETIC. UH, I MEAN THE LIMESTONE BLOCKS ARE DOING SOMETHING, BUT, BUT IT'S REALLY THE STRUCTURAL GEOGRID THAT'S ACTUALLY GOING BACK INTO THE SOIL TO KEEP THAT STABILIZED. THEY ALSO HAVE DRILLED CONCRETE PIERS AT THE BOTTOM FOOTING, UH, WHICH TENDS TO BE A BIT MORE INVOLVED THAN YOU SEE ON TYPICAL RETAINING WALL. SO THERE'S A LOT MORE GOING ON STRUCTURAL WISE THAN JUST THE LIMESTONE BLOCKS THAT YOU SAW IN THE PICTURES. OKAY. CUZ IT SEEMED THAT SAFETY WAS LIKE A [03:00:01] REAL CONCERN TO A LOT OF THE RESIDENTS. UM, OH, I ALSO WANTED TO ASK, UH, ARE, ARE YOU A MEMBER OF THE HOA? ARE, ARE YOU A THIRD PARTY ENGINEER OR ARE YOU HIRED TO COME SPEAK OR? I'M HIRED BY BY THE HOA. OKAY. SO THE HOA, UH, AND ALSO, DIDN'T Y'ALL HIRE AN ATTORNEY? YES. AND THEY'RE, YES. OKAY. SORRY, I, I WAS THINKING, DO YOU HAVE QUESTIONS FOR THE ATTORNEY OR NO. OKAY. UH, YES. UH, I WANTED TO ASK YOU ABOUT THE, UH, ADA SLOPING AGAIN BECAUSE THAT WAS BROUGHT UP BY THE APPLICANT. I KNOW YOU HAD MADE AN ARGUMENT AGAINST IT THAT ADA S SLOPE WASN'T AN ISSUE. COULD YOU SPEAK TO THAT A LITTLE BIT? ACTUALLY, DO IT BETTER. TONY COULD PROBABLY SPEAK TO THAT. I'M CONNIE HIGHER THE ATTORNEY FOR THE HOA. AGAIN, UM, I, I I THINK THEY WOULD READILY ADMIT THAT ANOTHER SITE PLAN COULD BE BUILT TO ADA. THIS DOESN'T HAVE TO BE BUILT THIS WAY TO MEET ADA TO BUILD WHAT THEY WANT TO BUILD AND THE WAY THEY WANT TO BUILD IT. SURE. THEY WOULD HAVE TO DO THIS TO MEET ADA. OKAY. I'M GONNA INTERRUPT REAL QUICK CAUSE I'M SHORT ON TIME. SURE. IS THE HOA STILL OPEN TO NEGOTIATIONS? THE HOA IS CERTAINLY OPEN TO NEGOTIATIONS. WE JUST HAVEN'T BEEN SENT ONE PROPOSAL THAT DOESN'T HAVE 20 FOOT RETAINING WALLS DOWN THE BOUNDARY LINE. MAYBE THAT'S SOMETHING Y'ALL CAN WORK WITH. I I JUST WANNA MENTION, I IT LOOKED LIKE THE APPLICANT, JUST TO CLARIFY, IT SEEMS SAID THAT NO MATTER WHAT PLAN THEY'RE WORKING WITH, THE RETAINING WALL IS NOT. YEAH. I JUST WANNA MAKE SURE THAT WE HEARD THAT CORRECTLY. OKAY. UM, IS THAT LIKE A STOP? SO I KNOW I'M GONNA GO NEXT AND THEN I THINK COMMISSIONER USH TALLER GOTTA BE WAY AROUND THIS. YOU GUYS, YOU NEED TO, YOU GUYS ARE GOING TWICE. , WE'LL LET YOU GO AGAIN. JUST MY FIRST TIME. YEAH. UH, AND WE HAVE COMMISSIONER HAYS. OH MY GOSH. ALL RIGHT. WE GOT A LOT OF QUESTIONS. LET ME JUST MAKE A LIST. OKAY. CAUSE THE LEFT HAND, I ALREADY HAVE MY SECOND PASS CHAIR. I'M GOOD THANK YOU ON THIS. OKAY, SO I'M GONNA GO AND RUN THROUGH, IF WE CAN START MY CLOCK . SO, UM, SO WHAT I HEARD ENGINEER IS NOT HERE, BUT DO WE HAVE STAMPED PLANS? BECAUSE I DIDN'T SEE A SEAL ON THE, THE PLANS THAT WERE IN MY BACKUP. SO HAS IS THE DESIGN BEING PROPOSED ACTUALLY BEEN SEALED BY THE ENGINEER? THE THE ANSWER TO THAT IS YES. I GOT THOSE PLANS YESTERDAY. OKAY. AND THEY ARE FOR THE THREE TIER WALL, NOT FOR THE TWO-TIER WALL THAT'S ON THE SITE PLAN. SO THE CURRENT, THE ONE YOU WANNA BUILD HAS BEEN STANDED. THE WELL, BOTH OF THEM WERE DESIGNED BY A STRUCTURAL ENGINEER. WELL, I KNOW, BUT IT, IT, BUT IF I SAW, I'M AN ENGINEER, SO IF I, I NEED TO SEE A SEAL. RIGHT. SO, UH, OF COURSE THAT, THAT SEAL COMES WITH THE BUILDING PERMIT, NOT WITH THE SITE PLAN, BUT TYPICALLY, UH, BEFORE I VOTE ON SOMETHING, I WANNA MAKE SURE IT'S SAFE. SO I'M YES. I'M JUST ASKING HAVE THEY STAMPED THE PLAN? YES. WE, WE, WE WILL PROVIDE YOU WHEN WE COME BACK IN 90 DAYS. NO. HAVE, IS IT STAMPED NOW? CURRENTLY? YES, IT'S STAMPED NOW. OKAY. THAT'S WHAT I WANTED TO KNOW. YES. I I JUST DON'T FEEL LIKE APPROVING SOMETHING THAT HASN'T BEEN UNDERSTAND, SEALED BY AN ENGINEER. OKAY. THANK YOU. THAT'S FIRST QUESTION. UM, AND DID YOU AGREE TO THE TWO STAFF? I DON'T THINK ALL OF THE ENVIRONMENTAL COMMISSION. WHICH, WHICH OF THEIR CONDITIONS WERE YOU I AMENABLE TO? THERE WERE TWO FROM STAFF AND SIX FROM THE ENVIRONMENTAL COMMISSION. ALL, ALL OF THEM EXCEPT FOR THE EV CHARGING STATION. OKAY. THAT'S ALL RIGHT. THANK YOU. UM, AND WITHOUT, I KNOW WE'RE LOOKING AT ALTERNATIVE SITE PLANS, BUT WITHOUT THIS VARIANCE, WHAT ACTUALLY, WHAT PERCENTAGE OF THE SITE, WHAT REDUCTION IN USABLE AREA WOULD YOU ESTIMATE, UH, WOULD, WOULD OCCUR WITHOUT THESE VARIANCES? W WE COULD DEVELOP ABOUT 30% OF THE SITE. 30% TOTAL? APPROXIMATELY? YES. OKAY. AND YOU'RE AT WHAT NOW? OH, UH, YOU'RE TALKING ABOUT WHAT PERCENTAGE OF IMPERVIOUS COVER? WELL, JUST REDUCTION IN USABLES AREA. THERE'S TALKING ABOUT, YEAH, WE, WE, RIGHT NOW WE'RE, I MEAN THE SITE IS 1.86, UH, ACRES NET AFTER THE RIGHT OF WAY, UH, DEDICATIONS. AND I THINK WE'RE AT 56% OF PERVIS COVER, IF I RECALL RIGHT. OKAY. ALL RIGHT. UM, AND THIS IS A QUESTION FOR STAFF. THERE IS A, ONE OF THE STAFF REQUESTS AND WHICH HAS BEEN AGREED TO, AND I DIDN'T UNDERSTAND IT, STRUCTURAL CONTAINMENT OF FILL. I WASN'T CLEAR ON WHAT THAT MEANT, IF I WROTE THAT DOWN CORRECTLY. WHAT DOES THAT MEAN? MIKE MCDOUGAL DEVELOPMENT [03:05:01] SERVICES DEPARTMENT? UH, SO FOR EV REVIEW, THERE'S BASICALLY TWO WAYS TO, TO, UH, MAKE SURE THE FILL STAYS IN PLACE. WE DON'T WANT IT WASHING OFFSITE. UM, OBVIOUSLY THAT'S A SAFETY CONCERN, BUT ALSO DON'T WANNA WASH EM IN THE CREEKS THAT DOES ENVIRONMENTAL DAMAGE. SO STRUCTURAL CONTAINMENT IS JUST A FANCY WAY TO SAY A WALL. UH, THE OTHER ALTERNATIVE IS A 33% SLOPE COMING OFF THE MAXIMUM STEEPNESS TO KEEP THE SOIL IN PLACE. ALRIGHT. YOU, THAT, THAT ANSWERS MY QUESTION. AND THEN REAL QUICK, WE HEARD ABOUT HOW MUCH HAS IT BEEN INVESTED ON THIS PROJECT? AND I JUST WONDER, HOW DO WE GET ALL THIS WAY AND THEN WE HAD A VARIANCE HANGING OUT THERE THAT NOW IS IN QUESTION AND COULD THROW ALL THIS THING OFF. DID, WAS THERE AN ORDER TO THIS THAT SHOULD THE VARIANCE BEEN DONE AT THE FRONT END OR COULD HAVE BEEN DONE SOONER? I WOULD LIKE THAT, UH, THAT, AND AND STAFF HAS LOOKED AT THAT IT'S NOT FEASIBLE BECAUSE, UH, WE CANNOT TAKE VARIANCES TO THE ENVIRONMENTAL COMMISSION UNTIL ALL DESIGN RELATED COMMENTS HAVE BEEN ADDRESSED. AND THE REASON IS THE COMMISSION NEEDS TO KNOW THIS PROJECT IS COMPLIANT EXCEPT FOR THIS, THIS, AND THIS THAT WE'VE IDENTIFIED. AND SECOND, WE WOULDN'T WANNA TAKE A VARIANCE, GO SIX MONTHS DOWN THE ROAD, FIND OUT THERE'S ANOTHER VARIANCE AND COME BACK THAT WOULD CERTAINLY, EVEN DESPITE BEST INTENTIONS, LOOK LIKE A BAIT AND SWITCH. OKAY. SO THANK YOU THAT, UH, ANSWERS THAT. AND THEN, UM, I DON'T HAVE MUCH TIME, BUT WE HAD MALCOLM YATES, UH, I DON'T KNOW IF THERE'S ANYTHING YOU WANTED TO ADD, CAUSE I KNOW YOU WEREN'T ABLE TO SIGN UP. UM, IN MY LIMITED TIME, , IF THERE'S ANYTHING YOU WANNA ADD AS IS THE NEIGHBORHOOD REPRESENTATIVE. MY NAME IS MALCOLM YATES. I'VE LIVED IN THIS AREA FOR 35 YEARS, SO I'VE WATCHED EVERY ONE OF THESE APARTMENT COMPLEXES BEING BUILT. AND, UM, COULD YOU BRING UP AGAIN THE PRESENTATION GIVEN BY, UM, WILLIAM TANNER? UM, THAT WILL SHOW? YES, THAT'S IT. ALL RIGHT. SO, UM, THIS, UH, THIS IS WHERE THE, THE WALL COLLAPSED AND IT'S, UH, JUST EAST OF WICKER SHAM. CAN I CAN CONTINUE SPEAKING. I'LL GIVE YOU A LITTLE MORE TIME SINCE I'M ONE ANSWERING THE QUESTION. SO, UM, YOU CAN SEE FROM THESE CONTOURS THAT THAT WALL WAS SOMEWHERE AROUND SIX TO EIGHT FEET TALL AS COMPARED TO WHAT IS NOW BEING PROPOSED, WHICH IS LIKE 20 FEET. AND THIS IS THE ACTUAL AERIAL VIEW OF THAT. AND YOU CAN SEE WHERE THE, THE WALL IS THE, THIS IS THE RECONSTRUCTED WALL NOW. UH, BUT THIS, UH, UM, SO THAT, THAT IS AN EXAMPLE OF WHAT HAPPENS WHEN YOU TRY AND BUILD RETAINING WALLS IN THIS. OKAY. UH, AND I AM AT TIME, ANOTHER COMMISSIONER CAN PICK UP MORE. I JUST WANTED YOU TO CLOSE OUT THAT ONE THOUGHT. ALL RIGHT. SO, UH, THANK YOU. THANK YOU. AND WE HAVE, UH, NEXT, I THINK I LISTED, UH, COMMISSIONER MAXWELL HAYES. AND THEN, UH, LET'S DO MAXWELL AND THEN HAYES, IF YOU DON'T MIND. OKAY. WE'LL GET EVERYBODY. I JUST HAD A QUICK QUESTION FOR THE APPLICANT, UM, REGARDING THE NEW CYCLING THAT WE'RE CONSIDERING, GIVEN THE AMOUNT OF PARKING, WHICH WE'VE OBVIOUSLY HAD THAT CONVERSATION, I WAS JUST CURIOUS HOW YOU ALL FELT ABOUT INCLUDING ADDITIONAL BIKE PARKING OR IS THAT SOMETHING WE COULD INCORPORATE CON CONSIDERING THE TRANSIT BRIDGE? DID, DID YOU SAY BICYCLE PARKING? BUT YES, I DID SAY BIKE PARKING. YES. WELL, WE'D BE HAPPY TO ACCOMMO WE'RE, YOU KNOW, WE'RE PAYING FOR STRIPING FOR BIKES. WE MIGHT AS WELL REAP THE BENEFIT. YEAH. AND I KNOW THAT'S NOT ALWAYS NECESSARILY INCLUDED ON INITIAL DRAWINGS LIKE THIS, BUT I JUST WAS CURIOUS TO YEAH, WE CAN, WE CAN SURE. COMMIT TO, UH, I, I DON'T KNOW, DOUBLE OR TRIPLE WHAT THE BIKE REQUIREMENT IS. THAT WOULD BE, THANK YOU. CONSIDERING I KNOW WE HAVE TO MAINTAIN THE PARKING REQUIREMENTS, HAVING ADDITIONAL BIKE PARKING IS REALLY HELPFUL. THANK YOU. YES. ALL RIGHT. UH, COMMISSIONER HAYS? UH, YEAH, CAN I GET THE ATTORNEY FOR THE, UH, APPLICANT UP THERE PLEASE? UM, IN YOUR CLOSING STATEMENTS, UH, AS YOU'RE WALKING UP, I, I HOPE YOU ARE WALKING UP IN YOUR CLOSING STATEMENTS. YOU SAID THAT THE, UM, I, I THINK YOU, I THINK I HEARD THAT YOU SAID THE HOMEOWNERS ARE THE, UH, THE NEIGHBORHOOD FOLKS HAVE NOT BEEN PRESENTED WITH AN OPTION OTHER THAN A 20 FOOT WALL ON THE PROPERTY LINE. I'VE SEEN A, AN OPTION THAT DOESN'T CONTAIN A 20 FOOT WALL ON THE PROPERTY LINE. UM, I THINK YOU'VE SEEN THAT IN THE PRESENTATION. DOES THAT MEET SOME OF YOUR OBJECTIONS? YOU WERE ASKING A QUESTION OF CONNIE HIGHER THE ATTORNEY FOR MONACO. SO, YES, YES. I'M SORRY. I'M SORRY. LET ME HAVE HER ANSWER THAT QUESTION. YES, I'M SORRY. YES, FOR THE, FOR THE NEIGHBORHOOD GROUP. SO I'M CONNIE HIRE THE ATTORNEY, NOT FOR THE APPLICANT. SORRY, CONNIE. BUT, UM, THE ONLY PLAN THAT I'VE SEEN THAT DOESN'T HAVE A 20 FOOT WALL IS THE PLAN THAT MONACO'S ENGINEER SUGGESTED AS A POTENTIAL EXAMPLE OF WHAT COULD BE [03:10:01] BUILT. THEY CAN, THEY CAN STILL PUT A C-STORE THERE. IT WILL JUST HAVE NOT THE CUT AND FILL. UM, SO THE APPLICANT HAS NOT PRESENTED US WITH A SITE PLAN THAT DOES NOT INCLUDE A 20 FOOT WALL DOWN THE BORDER OF THE PROPERTY, DOWN THE ENTIRE PROPERTY LINE. BUT OUR ENGINEER, AND YOU COULD SPEAK TO THAT MORE, I MEAN, WE'RE NOT TRYING TO TELL THEM WHAT TO BUILD. WE'RE TRYING TO SAY, WE DON'T WANT A 20 FOOT WALL DOWN THE PROPERTY LINE. WE DON'T WANNA LIVE BEHIND THE BERLIN WALL. UM, AND THEY SAID, WELL, WHAT, WELL, WHAT DO YOU WANT? WELL, HERE'S AN EXAMPLE, BUT THEY, THEY HAVE KEPT GOING BACK TO THE 20 FOOT WALL. UM, SO, SO WE HAVE HIT A WALL , AH, GOOD PUN. UH, BUT, BUT THE, UM, THE, THE VISUAL, THE, THE PICTORIAL THAT WAS PRESENTED TONIGHT HAS THE THREE STAIR STEPS. YES. I UNDERSTAND. IT'S 18 FEET, CLOSE TO 20. AND I AGREE WITH YOU, I DON'T WANT YOU LIVING BEHIND THE BERLIN WALL, BUT THE, THE, THE STAIR STEP, THE THREE SIX FOOT 18 FEET IS NOT A 20 FOOT WA WALL ALONG THE PROPERTY LINE. YOU'VE SEEN THAT THE NEIGHBORS THAT ARE THERE IN ATTENDANCE HAVE SEEN THAT. DOES THAT MEET SOME OF YOUR CONCERNS? I THINK TONY SHALE WOULD BE A BETTER PERSON TO SPEAK TO THAT PERFECT. THAT WALL WOULD STILL, I MEAN, JUST BECAUSE THE STAIR STEP DOESN'T MEAN IT'S NOT TOWERING OVER AND REMEMBER THERE'S 25 FEET ON TOP OF IT, AND I DON'T THINK THE WALL HAS CHANGED ON THE OTHER END, BUT THEY'RE STILL LIVING IN A HOLE, WHETHER IT'S AN 18 FOOT HOLE OR A 20 FOOT HOLE. I THINK IF YOU ASK THESE GUYS, THESE OWNERS, THAT THEIR LARGEST INVESTMENT, DOES THAT MAKE A DIFFERENCE TO YOU? I'M STILL IN A HOLE. SO, UH, THAT, THAT'S, THEY'RE IN A HOLE RIGHT NOW. NO, NO, SIR. WE'RE NOT IN A HOLE RIGHT NOW. I'M HAPPY TO PULL UP. THERE'S A SLIGHT SLOPE. UM, BUT THERE'S NOT EVEN A RETAINING WALL RIGHT NOW AT THE BOUNDARY OF THE PROPERTY. IT, WE'RE, WE'RE DOWNHILL, BUT FAR FROM IN A HOLE AS WHAT, HOW I WOULD DESCRIBE IT. OKAY. THANKS. ALL RIGHT. UM, IS THAT ALL THE QUESTIONS YOU HAVE? COMMISSIONER HAYS? YES, SIR. YEP. OKAY, THANKS CHAIR. SO I THINK IF I HAVE THAT WE WANTED TO CLO ARE WE READY TO CLOSE OUT WITH COMMISSIONER AZAR OR DO WE HAVE ANY OTHER, ANY OTHER, SAY IT AGAIN. OKAY. SO, UM, I THINK YOU'LL BE THE LAST ONE. COMMISSIONER ZO. THANK YOU CHAIR. I APPRECIATE IT. MR. MCDOUGAL, I'M SORRY, I'M GONNA HAVE TO ASK YOU TO COME UP HERE AGAIN. WE'RE REALLY MAKING YOU SPRINT TODAY. I, SO I'M GETTING MY STEPS IN. I APPRECIATE YOU BEING OPEN TO IT. UM, MY FIRST QUESTION IS JUST TO UNDERSTAND THE, THE WAY SORT OF THE CLOCK WORKS, WE HAVE THE 90 DAYS IF PLANNING COMMISSION POSTPONES, DOES THAT STOP THE CLOCK OR DOES THE CLOCK CONTINUE REGARDLESS? SO THAT'S A VERY GOOD QUESTION. SO MIKE MCDOUGAL, DEVELOPMENT SERVICES DEPARTMENT, UM, SO MY UNDERSTANDING, I HAVE TO DRAW ON ROSEMARY'S EXPERTISE AS WELL. UH, THAT, THAT BASICALLY THE PROJECT WOULD EXPIRE TONIGHT, UH, OR AFTER, AFTER THIS, THIS HEARING, EXCEPT FOR SOME TIME, IF THE COMMISSION WERE TO VOTE TO APPROVE FOR STAFF TO SAY, OKAY, YES, YOU'VE MET THE TERM TERMS OF THE VARIANCES. UH, SO, UM, BUT IF, DOES THE CLOCK STOP? I BELIEVE WE JUST HAVE THE, THE A HUNDRED OR SO DAYS, UH, AND THAT WOULD BE IT. SO I, I APPRECIATE IT. LOOKS LIKE, MS. , YOU WANNA SAY SOMETHING? PLEASE GO AHEAD. YES. ROSE AVILA, UM, IF YOU SET A DATE, ONCE WE PUT IT IN THERE DATABASE, AND IT'S ON THAT ON A HEARING, IT'LL STOP THE EXPIRATION AND WE WILL HAVE TO RE NOTIFY, UM, FOR A HEARING THAT'S PAST 50 DAYS, I BELIEVE. CHAIR COMMISSIONER LE IVO. SO, UM, IF THE COMMISSION IS INTERESTED IN POSTPONING, UM, AS, UH, MSLA STUDY, WE WOULD RE-NOTICE, WE WOULD, UH, TONIGHT REOPEN THE PUBLIC HEARING, POSTPONE THE ITEM TO YOUR OCTOBER 10TH DATE AND THAT OCTOBER 10TH DATE. OKAY. IT'S 91 DAYS, BUT IT'S, UH, 90 AND WE COULD NOT DO IT BEFORE THEN. OR IS THAT THE MAXIMUM THAT WE CAN GO, MR. RIVERA, UNLESS YOU'RE TAKING ACTION AT YOUR NEXT MEETING, UM, YOU WOULD HAVE TO REOPEN THE PUBLIC HEARING AND BEYOND THE 60 DAYS RENO. GOT IT. SO IT LOOKS LIKE WE HAVE, JUST SO I UNDERSTAND PROCEDURALLY, I'M JUST TRYING TO UNDERSTAND THE, THE OPTIONS BEFORE US ARE EITHER WE APPROVED TODAY, AND I GUESS I HAVE A QUESTION RELATED TO THAT. IF WE APPROVED TODAY AND GAVE YOU DIRECTION, I THINK WE'VE SEEN SOME ALTERNATIVE SITE PLANNING. WOULD THAT, COULD Y'ALL ACCOMPLISH THAT EVEN AFTER APPROVAL IF WE APPROVE THE VARIANCES AND SAID, PLEASE RESOLVE THIS WITHIN THE NEXT 90 DAYS? IS THAT A POSSIBILITY? IF YOU APPROVE THE VARIANCE WITH THE CONDITIONS, THEN THE APPLICANT HAS ONE MORE UPDATE THAT THEY CAN SUBMIT, AND I BELIEVE THEY HAVE 135 DAYS TO GET IT APPROVED BY STAFF WITH CONDITIONS. GOT [03:15:01] IT. AND, AND IF WE, SO I THINK WE'RE STRUGGLING A LITTLE BIT BECAUSE I THINK THERE'S CONDITIONS THAT WE, I'M NOT SURE WE CAN PUT PEN TO PAPER RIGHT NOW. IT'S LIKE MOVING THAT ONE BUILDING NEXT TO BUILDING FOUR. IF WE SORT OF GAVE BROADER DIRECTION AND MOVED AHEAD WITH THE THREE VARIANCES AND ALL THE RECOMMENDATIONS FROM STAFF AND THEN ENVIRONMENTAL COMMISSION, WOULD YOU ALL BE ABLE TO ACCOMPLISH THAT? I, I BELIEVE WE COULD. UM, IT, I, THAT'S A CHALLENGING QUESTION. THERE'S A LOT, LOT OF THINGS THAT COULD HAPPEN OR, OR MAKE IT, UH, INFEASIBLE, BUT I, I THINK IT, IT COULD BE DONE. UM, SO YES, MY CONCERN IS THAT VARIANCES GO WITH THE PROJECT AND THE CASE NUMBER AND THE RELEVANCE OF THAT IS IF FOR SOME REASON THIS WERE TO EXPIRE AND THE APPLICANT HAD TO RESUBMIT, IT'S A NEW CASE NUMBER AND WE START OVER AGAIN WITH THE EV COMMISSION AND THE VARIANCE FEES START OVER AGAIN. AND, AND, AND THEY ARE, THEY ARE, UH, NOTABLE FEES. SO, SO IF, IF FOR SOME REASON IT DOESN'T WORK OUT, WE, WE WOULD START ALL OVER AGAIN AND WE COULDN'T PICK UP WHERE WE LEFT OFF HERE AND THE FEES WOULD START ALL OVER AGAIN AS WELL, AND STAFF WOULDN'T HAVE ANY ABILITY TO, TO CHANGE THAT. GOT IT. SO THAT WAS OPTION NUMBER ONE. YES. THAT WE PROVED AND SAID, PLEASE RESOLVE THIS OPTION. NUMBER TWO, IT SOUNDS LIKE, IS WE JUST POSTPONED TO OUR NEXT MEETING, KEEP THE PUBLIC HEARING CLOSED AND DO IT. BUT IT SOUNDS LIKE, I'M NOT SURE WE CAN RESOLVE ANYTHING WITHIN TWO WEEKS, SO MAYBE THAT'S NOT THE BEST OPTION. AND MR. VERA, PLEASE CORRECT ME IF I'M WRONG AT ANY POINT. AND THE THIRD OPTION IT LOOKS LIKE IS THAT WE WOULD DO A POSTPONEMENT DUE A SPECIFIC DATE IN A OCTOBER, ALLOW THE APPLICANT TO WORK TO THAT YOU WOULD REFE IT INTO YOUR SYSTEM, THE CLOCK WOULD STOP AND THEN THEY WOULD'VE 135 DAYS AFTER THAT HEARING UP TO, TO RESOLVE ALL OF THAT. DID I GET THAT CORRECTLY? THAT SOUNDS CORRECT. I WILL SAY, UM, IF THE SITE IS REDESIGNED, UH, ALL STAFF THAT HAS ALREADY APPROVED WILL HAVE TO BE OPENED UP AGAIN AND START THEIR REVIEW AGAIN, UM, IF IT'S REDESIGNED. GOT IT. SO IF WE SAID TODAY WE'RE GONNA POSTPONE, PLEASE GO REDESIGN, WE WOULD OPEN THAT AND THERE'S NO CERTAINTY THAT IT COULD BE DONE BY THAT OCTOBER DATE, CORRECT? THAT, THAT, THAT'S CORRECT. UH, IT IS POSSIBLE THAT THE REDESIGN COULD PROMPT, UH, COMMENTS THAT, THAT WERE PREVIOUSLY ADDRESSED AND CLOSED OUT. AND SO THAT COULD PUT US IN A, UH, LOOP OF RE-REVIEWING AND RE READDRESSING OLD COMMENTS. AND SO IT COULD EXTEND IT BEYOND THE DEADLINE FOR CERTAIN. GOT IT. THANK Y'ALL. I THINK I GOT EVERYTHING ELSE. I HAD OTHER QUESTIONS AND I'LL STOP. THANK YOU. WELL, I APPRECIATE THAT CAUSE I THINK YOU'RE KIND OF SETTING US UP, PREPARING US FOR MOTIONS AHEAD AND OUR CHOICES. SO THANK YOU FOR DOING THAT. SO WE ARE MR. COX, WE ARE, WE'RE OUTTA QUESTIONS, BUT DO YOU HAVE A MOTION, ARE WE AT THAT POINT MOTION TO REOPEN THE PUBLIC HEARING AND POSTPONE THIS TO OCTOBER 10TH? ALL RIGHT. DO WE HAVE A SECOND FOR THE MOTION? I'M LOOKING AROUND COMMISSIONER, UH, MU UH, COMMISSIONER MOHA SECONDS. IT UH, DO YOU WANNA SPEAK TO THAT MOTION COMMISSIONER COX? YEAH, UH, I, I I'M NOT COMFORTABLE TRYING TO, VARIANCES ARE EXTREMELY SITE PLAN SPECIFIC AND SITE PLANS ARE EXTREMELY COMPLICATED. UM, WE GOT AN ENORMOUS LEVEL OF DETAIL IN OUR BACKUP RELATED TO A SITE PLAN THAT I DO NOT SUPPORT A VARIANCE FOR. BUT WE ALSO WERE KIND OF GIVEN A SNEAKED PREVIEW OF A SITE PLAN THAT I PERSONALLY BELIEVE I COULD SUPPORT. UH, BUT I DO WANT TO HAVE THAT LEVEL OF REVIEW AND THE LEVEL OF DETAIL THAT WE WOULD GET THROUGH A NORMAL PROCESS. SO I WANNA GIVE THE APPLICANT AN OPPORTUNITY TO FIND A SOLUTION. I DO THINK THIS LOCATION IS A GREAT PLACE TO HAVE SOME COMMERCIAL FOR ALL OF THE RESIDENTIAL THAT'S AROUND IT. UM, THERE IS ALMOST NOTHING YOU COULD PUT ON THIS SITE THAT'S NOT GONNA REQUIRE A RETAINING WALL, BUT I THINK HAVING THE MAXIMUM AMOUNT OF SPACING FROM THE ADJACENT PROPERTIES, HAVING THE MAXIMUM AMOUNT OF SPACING ON THE TIERS WILL MAKE THAT INFINITELY MORE DESIRABLE TO HAVE IN YOUR BACKYARD THAN THAN THE ORIGINAL PROPOSAL THAT WE WERE PRESENTED IN THE ORIGINAL PRESENTATION. SO I'M HOPING THAT BY OCTOBER 10TH, ALL OF THIS CAN BE DONE AND ACCOMPLISHED. UH, I'M IN THE BUSINESS, SO I KNOW IT CAN HAPPEN, BUT IT'S GONNA REQUIRE A LOT OF EFFORT ON BOTH THE APPLICANTS AND STAFF'S PART. AND WORST CASE SCENARIO, IT DOESN'T HAPPEN BY OCTOBER 10TH AND WE JUST SIMPLY POSTPONE IT AGAIN TO ALLOW THIS TO HOPEFULLY WORK OUT. OKAY. JUST, I'M GONNA, IN THE INTEREST OF TIME, ARE THERE ANY OTHER SPEAKERS OR ARE WE OKAY, UH, GOING AND VOTING ON THIS? DO ANY OTHER OKAY, GO AHEAD. WHICH COMMISSIONER MS. SCHULER? JUST THE LAST THING I WANTED TO SAY WAS IN RESPONSE TO THE CONCERNS ABOUT A RETAINING WALL, I, I WOULD ECHO WHAT, UM, COMMISSIONER COX SAID, AND ON THAT STRUCTURALLY IT CAN BE DONE, IT'S EXPENSIVE, IT CAN BE DONE, AND I THINK THE RESIDENTS OUGHT TO BE REASSURED THAT IF WE, IF WE GET SOME OF THIS RIGHT, THEY COULD RESOLVE SOME OF THE PROBLEMS THEY'RE ACTUALLY HAVING ON THEIR [03:20:01] PROPERTY SO THAT THAT COULD BE A BENEFIT TO THEM. UM, AND HOPEFULLY, UH, THIS'LL GIVE EVERYBODY A CHANCE. IT SEEMS LIKE THE CITY DEADLINES KIND OF FORCED SOME OF THIS BEFORE EVERYBODY WAS READY. IT JUST HAD TO COME HERE. AND SO HOPEFULLY EVERYBODY CAN TAKE A BREATH AND, AND WORK TOGETHER. CUZ I THINK A REALLY GREAT WINNING SOLUTION IS THERE FOR YOU GUYS. OKAY. ANY, UH, ANYBODY WANNA SPEAK AGAINST THE MOTION IN FAVOR? COMMISSIONER AZAR TRAM? JUST JUST TO CLARIFY THAT WE'RE, UM, JUST SO I UNDERSTAND THE MOTION CORRECTLY, WE ARE BOTH POINTING TO THAT OCTOBER DATE AND OPENING THE PUBLIC HEARING. IS THAT CORRECT? IS THAT WHAT WE'RE VOTING ON? UH, REOPENED, UH, REOPENED THE PUBLIC HEARING AND THEN POSTPONED TO OCTOBER 10TH. OKAY. THANK YOU. CHAIR, CHAIR, COMMISSIONER PLEASE. ON ANDREW ROAD, JUST TO MAKE SURE THAT IT'S BY UNANIMOUS CONSENT THAT YOU WERE CONSIDERING YOUR PREVIOUS ACTION TO CLOSE THE PUBLIC HEARING. WE ARE , WE ARE, THIS MOTION WOULD BE TO REOPEN THE PUBLIC HEARING, CORRECT? YES. AND, UH, YOU CAN INCLUDE RECONSIDERING THE CLOSING OF THE PUBLIC HEARING. OH, YES, THE CLOSING. OKAY. SO WE, UH, YES, IT WOULD BE TO INCLUDE THE RECONSIDERATION OF CLOSING THE PUBLIC HEARING. YEAH, I'LL AMEND WHATEVER TO INCLUDE THAT. SO WE'RE DOING A RECONSIDERATION ON CLOSING THE PUBLIC HEARING. YES, IT'S INCLUDED. OKAY. DO WE, UH, JUST TO MAKE IT SIMPLE, I THINK THIS, DO WE HAVE ANY OBJECTIONS TO THIS MOTION? OKAY. OH, GO AHEAD. COMMISSIONER AZAR, YOU WANT TR CHARLES? I'LL JUST SAY I'M VOTING IN FAVOR OF THE MOTION BECAUSE I THINK A POSTPONE COULD HELP. I AM, I'LL BE HONEST, I'M NOT SURE THAT IT WILL ACHIEVE THE OUTCOMES THAT SOME OF US WOULD LIKE TO SEE. AND I THINK MY BIGGEST CONCERNS ARE REALLY THAT IF WE OPEN IT UP AND WE'RE MAKING THOSE SIGNIFICANT CHANGES, DO THE SITE PLAN, IT DOES OPEN UP GOING TO ALL THE REVIEW DEPARTMENTS AND ALL THE REVIEWERS AGAIN. SO THAT DOES, THERE'S NO ABILITY TO SAY THAT ALL OF THAT WILL BE RESOLVED BY OCTOBER. SO WE MIGHT BE PUSHING THE SITE PLAN APPROVAL WAY INTO THE FUTURE, OR HONESTLY, JUST PUTTING IT IN A PLACE WHERE IT DOESN'T GET APPROVED AT ALL. SO I AM A LITTLE CONCERNED ABOUT THAT BECAUSE I DO THINK THIS IS, AS COMMISSIONER COX MENTIONED, THIS IS A PROJECT THAT IS VERY MUCH NEEDED HERE AND MAKES SENSE IN THIS PART OF OUR TOWN AND ON THE STREET AND FROM THE VARIOUS DIFFERENT ELEMENTS. SO AGAIN, I'M, I'M CAUTIOUSLY VOTING IN HERE FOR THE POSTPONE WITH THE HOPE THAT THINGS CAN BE RESOLVED BECAUSE I WILL SAY, I THINK WE'VE HEARD CLEARLY THAT WHEN WE'RE TALKING ABOUT REDUCING THE, THE RETAINING WALL, IT REALLY INCLUDES DRASTICALLY CHANGING THE PROJECT BECAUSE THE DETENTION POND HAS TO BE RE-ENGINEERED BASED ON NEW REQUIREMENTS IN ORDER TO ACHIEVE THAT. SO THERE ARE SOME CHALLENGES AHEAD, BUT HOPEFULLY THESE CAN BE RESOLVED. OKAY. SO I'M GONNA GO AHEAD AND NOTE WE HAVE THE LAST SPEAKER, UM, SPEAKING IN FAVOR. DO WE HAVE ANY OBJECTIONS TO THIS MOTION? I'LL ASK IT ONE MORE TIME. AND THAT WAS FOR RECONSIDERATION OF THE CLOSING OF THE PUBLIC HEARING, REOPENING THE PUBLIC HEARING, AND THEN POSTPONING UNTIL OCTOBER 10TH. IS THAT CORRECT? OKAY. ALL RIGHT. HEARING NO OBJECTIONS, THAT MOTION PASSES UNANIMOUSLY CHAIR COMMISSIONER LEE. IS THAT, UM, MOTION, UH, PASSED TO POSTPONE, UM, STAFF NEEDS, UH, SOME CLARIFICATION FROM THE COMMISSION, MIKE MCDOUGAL DEVELOPMENT SERVICES DEPARTMENT? UH, YES. THE, THE CLARIFICATION, UH, THANK YOU. THE, THE CLARIFICATION I WOULD BE ASKING IS, UM, SO WE, WE WOULD BE POSTPONING OCTOBER 10TH AND IDEALLY LOOKING AT A REVISED, UH, SITE PLAN OR AN EDIT CHANGE SITE PLAN, IS THAT THE ALTERNATIVE SITE PLAN THAT THE APPLICANTS HAD PROVIDED? OR, OR, OR, OR WHAT WOULD WE BE PRESENTING IN OCTOBER? SO THAT, THAT WAS, THAT WAS THE CLARIFICATION I WAS SEEKING. SO THANK YOU CHAIR. YEAH, GO AHEAD. COMMISSIONER COX, IT IS YOUR MOTION. YEAH, UH, I WAS JUST GONNA SAY, UM, I THINK, I THINK THE CONGLOMERATION OF COMMENTS AND QUESTIONS INDICATE THAT WE NEED TO MOVE IN THE DIRECTION OF THAT TEASER SITE PLAN THAT WE SAW AT THE VERY END. UM, BUT HONESTLY, I, I INTENDED THIS TO BE JUST AN OPPORTUNITY FOR THE APPLICANT TO TRY TO ADDRESS THESE CONCERNS, GET SOMETHING THAT IS, THAT IS, UH, BETTER THAN WHAT WE WERE ORIGINALLY PRESENTED, UH, WITHOUT RESTARTING THE PROCESS AND ADDING ANOTHER $30,000 IN VARIANCE FEES AND ALL THAT SORT OF STUFF. SO AT THAT, I, I WANTED TO KEEP IT OPEN, BUT I THINK IT'S PRETTY CLEAR WHAT WE'RE HOPING TO SEE BACK IN OCTOBER OR, OR LATER GIVEN. DOES THAT, SO MR. MCDO, IF I, COMMISSIONER STEIN, CORRECT ME IF WRONG, WHAT YOU'RE SAYING IS THAT [03:25:01] THE SORT OF ALTERNATIVE PLAN PRESENTED BY THE APPLICANT TOWARDS THE END, THAT IS SORT OF WHAT WE'RE LOOKING AT. I, THAT, THAT'S, I THINK THAT'S MY UNDERSTANDING IS, IS THAT WE WOULD BE LOOKING AT SOMETHING THAT, SOMETHING SIMILAR TO THE ALTERNATIVE PLAN, UH, OR, OR IN THAT DIRECTION. AND SO MAY PERHAPS WE COULD, COULD WE BRING THAT ALTERNATIVE PLAN UP JUST SO I CAN HAVE A BASELINE FOR FUTURE REFERENCE? LET ME, LET ME, I'LL JUST QUALIFY THAT AS I'M ALSO LOOKING AT THE NUMBER OF PEOPLE HERE, AND WHAT WE'RE HOPING IS THAT THERE'S, WE COME BACK AND THERE ISN'T AS MUCH OPPOSITION FROM THE COMMUNITY, UH, AS THE OTHER PART OF THAT, THAT I WOULD ALSO OFFER. OKAY. THANK YOU. OKAY. IS THAT OKAY? ALL RIGHT. UM, SO WE'VE GOT, UH, LESS THAN 30 MINUTES BEFORE. UM, WE'RE GONNA TRY TO GET THROUGH THIS, BUT WE HAVE, UM, MOVE ON TO, I THINK WE'RE, UH, ITEMS FROM THE COMMISSION AND THERE ARE NONE, UH, FUTURE AGENDA ITEMS. WELL, THERE. OKAY. UM, I THINK WE, WHERE DO, WERE WE GONNA PUT THAT ON THE AGENDA? OUR DISCUSSION ON THE, THE NEXT AGENDA ITEM? WHERE DOES THAT FIT? MR. RIVERA CHAIR COMMISSIONER LAYS ON ANDRO. SO WITH THE VERY LIMITED SCOPE, YOU CAN DISCUSS THE HAVING ITEMS ON YOUR AUGUST 35TH SPECIAL CALLED, UM, JUST A REMINDER THAT YOU CANNOT DELVE INTO THE SPECIFICS OR, UH, THE TOPICS. UM, BUT YOU CAN CONVEY THAT THEY WILL BE SPONSORED FOR AUGUST 31ST. SO THAT'S ON UNDER THE ITEMS FROM COMMISSION, IS THAT WHAT WE'RE, OR, UH, FU UM, OR FUTURE FUTURE. OKAY. ALL RIGHT. JUST WANNA CLARIFY WHERE WE ARE. UH, SO WE DID, UM, IN OUR LAST MEETING TALK ABOUT, UH, I THINK WE AGREED TO HAVE ANOTHER MEETING, UH, I THINK IT WAS COMMISSIONER COX THAT SAID IT WOULD BE GOOD TO HAVE BRIEFINGS ON SOME OF THE CODE AMENDMENTS THAT WE'LL BE, UM, SEEING. SO AGAIN, YOU HEARD, WE DON'T WANNA DIVE INTO THE ACTUAL CASE OR THE, THE, UH, CODE AMENDMENTS THEMSELVES AND COMPARING THEM AND WHICH ONES ARE BETTER. JUST NEED TO KEEP IT PRETTY SIMPLE. BUT WE DO HAVE, UH, TIME ON THE 31ST. UM, WE DO, UH, I GUESS I KNOW STEPH IS SO BUSY, BUT, UM, THERE IS A PROVISION, UH, PLANNING COMMISSION POWERS AND DUTIES THAT WE CAN REQUIRE INFORMATION FROM THE CITY MANAGER RELATIVE TO ITS WORK. THIS IS VERY IMPORTANT WORK. AND THERE HAS BEEN QUITE A BIT OF, UH, DISCUSSION WITH THE HOUSING PLANNING COMMITTEE ON KIND OF THE ORDER IN WHICH THEY TAKE THESE CODE AMENDMENTS. I DO HAVE THE, I DON'T KNOW IF THIS IS THE LATEST, BUT I DO HAVE THE GANTT CHART THAT WAS PREPARED. AND UH, I'VE JUST MARKED A FEW THINGS HERE, UH, FOR CONSIDERATION. WHEN I LOOKED THROUGH THIS LIST, A NUMBER OF THESE, LIKE THE SIXTH STREET HEIGHT EXEMPTION WE ALREADY TOOK UP, UH, SITE PLAN LIGHT PART ONE WE ALREADY TOOK UP. SO SOME OF THESE ARE MOVING FORWARD, I THINK THE MUSIC VENUE, CREATIVE SPACE, UH, THE MUSIC VENUE ONE COMES UP NEXT TIME ANYWAY. I SEE HERE A COUPLE. UH, THEN I'LL JUST THROW OUT, UH, NORTH BURNETT GATEWAY REGULATING PLAN. UH, THEN WE HAVE THE SOUTH CENTRAL WATERFRONT REGULATING PLAN, ALSO THE AD EXPANSION. THESE ARE THE ONES THAT ARE IN THE NEAR TERM. THERE'S ALSO THE CITYWIDE COMPATIBILITY ANALYSIS AND THEN THERE'S THIS A STUDENT HOUSING RECOMMENDATION. SO COMMISSIONER AZAR, DO YOU HAVE ANY INPUT ON WHAT MIGHT BE OF THE INTEREST OF THE PLANNING COMMISSION TO HEAR? I APPRECIATE THAT CHAIR. I WAS JUST GONNA SAY, UH, MR. RIVERA HAD SENT A EXCEL SPREADSHEET, A CONDENSED VERSION OF SORT OF COM UPCOMING ITEMS. I'M LOOKING AT THAT. UM, AND REALLY A NUMBER OF ITEMS ARE COMING BEFORE THAT, UH, AUGUST MEETING, SO WE JUST SIMPLY WOULD NOT BE ABLE TO MEET THOSE, LIKE YOU MENTIONED, SOME OF THEM ARE LARGELY, IT SEEMS LIKE SMALLER ONES. SO FOR EXAMPLE, THE LIVE MUSIC VENUE COMES NEXT TIME, SO ON AND SO FORTH. SO REALLY THE ITEMS THAT I SEE THAT ARE COMING BEFORE THE END OF THE YEAR, I'M GONNA LIST THEM AND HOPEFULLY FOLKS CAN SORT OF KEEP UP WITH ME AS I GO THROUGH THIS. A LOT OF IT IS GONNA BE SIMILAR TO WHAT YOU SAID, NORTH PERMIT GATEWAY REGULATING PLAN AMENDMENTS, BUTLER TRAIL AMENDMENTS. THESE ARE LARGELY PROCEDURAL AND HAVE SORT OF BEEN LONG IN THE WORKS WITH OUR STAFF. UM, ELIMINATING THE UNRELATED ADULT OCCUPANCY LIMITS. AGAIN, PROCEDURAL, NOT A BIG OR COMPLEX ITEM. CHILDCARE SERVICES PART ONE, WHICH IS INDEED A COMPLEX ITEM, UM, INITIATED BY COUNCIL, THE SOUTH CENTER WATERFRONT REGULATING PLAN, ADU EXPANSION, AND THEN SITE PLAN, UH, LIGHT PART TWO WITH THE CAVEAT, WHAT I'M GONNA SAY IS THAT SOUTH CENTER WATERFRONT AND ADU EXPANSION ARE BOTH MEANT TO COME TO US AROUND THE MIDDLE OR END OF NOVEMBER. AND THEN THE SITE PLAN, LIKE PART TWO IS MEANT TO COME TO US IN DECEMBER. SO I'M JUST TRYING TO BE RESPECTFUL OF HOW DO WE SORT OF MANAGE EXPECTATIONS ON STAFF'S ABILITY [03:30:01] TO PRESENT AN ITEM IN ADVANCE OF IT COMING TO US. IF I WERE TO SORT OF GO BY THAT, THEN I THINK AT LEAST I WOULD SAY, I WOULD SAY, AND I LEAVE IT, DEFER TO THE REST OF THE COMMISSION TO AGREE WITH ME, NORTH PARENT GATEWAY REGULATING PLAN. AND THE CHILDCARE SERVICES HOPEFULLY CAN COME TO US BECAUSE THEY WILL BE ALIGNED MORE IN TERMS OF TIMELINE. AND THEN HONESTLY, EVEN IF WE COULD GET A SNEAK PEEK AT SOUTH CENTER WATERFRONT AND ADU EXPANSION, I KNOW IT WOULD HELP. I, I CERTAINLY DID NOT SPEAK, YOU KNOW, I SEE, UH, THE CHAIR OF OUR ADU WORKING GROUP SORT OF NODDING ALONG, BUT CERTAINLY I THINK IF WE HEARD THAT THAT WORKING GROUP WOULD HAVE SOME CLARITY AS WELL ON WHAT WE'RE WORKING THROUGH TO THE END OF THE YEAR. SO, I'M SORRY. NO, I JUST SPOKE THROUGH A LOT. WHAT I'M SAYING IS MY RECOMMENDATION WOULD BE DEFINITELY NORTHBOUND GATEWAY AND CHILDCARE SERVICES, PART ONE, AND THEN AT LEAST GET SOME KIND OF SNEAK PEEK ON SOUTH CENTER WATERFRONT AND A D U EXPANSION. AND I DEFER TO THE REST OF THE BODY TO DISCUSS THAT. UH, COMMISSIONER COX AND THEN COMMISSIONER MAXWELL. I WAS JUST GONNA SUGGEST MORE OF A TACTIC THAN ANYTHING ELSE. UM, I'D RECOMMEND THAT WE JUST CAST THE NET AS WIDE AS WE FEEL COMFORTABLE, AND THEN IF STAFF IS NOT READY OR ABLE TO PRESENT ON A PARTICULAR SUBJECT, WE CAN THEN JUST HAVE A STAFF POSTPONEMENT ON THAT, ON THAT PARTICULAR PRESENTATION. IS THAT, IS THAT DOABLE? DOES THAT MAKE SENSE? SO, SO WE ARE KIND OF GIVING EVERYONE, INCLUDING STAFF AS MUCH FLEXIBILITY AS POSSIBLE TO PREPARE FOR AS MUCH AS POSSIBLE. UM, UH, I'M NOT, LET'S SEE, I SEE A LOT OF HANDS UP. UH, COMMISSIONER MOTO. COMMISSIONER CONLEY. WELL ANYWAY, I SKIPPED COMMISSIONER MAXWELL. SO YOU START CUZ I, SORRY FOLKS, SHE HAD HER HAND UP EARLIER. , I JUST WANTED TO SPEAK ON THE, UM, SOUTH CENTRAL WATERFRONT SPECIFICALLY. UM, UNFORTUNATELY DUE TO QUORUM ISSUES, THAT GROUP HAS NOT YET MET. SO THE ADVISORY BODY HAS, HAS NOT EVEN SEEN THE UPDATES. I WOULD HOPE THAT THAT WILL BE RESOLVED BY AUGUST 31ST. BUT, AND I, I AGREE THAT IF WE COULD SEE A PREVIEW, I THINK THAT WOULD BE GREAT. BUT I JUST WANTED TO, UH, SORT OF AFFIRM THE FACT THAT THAT PLAN IS, IS, HAS, HAS NOT BEEN REVIEWED BY ITS OWN ADVISORY BODY AND HOPEFULLY THAT WILL CHANGE BETWEEN THEN AND AUGUST. BUT THAT, THAT MIGHT BE A CAUSE FOR CONCERN IF WE DID WANNA REVIEW IT IN AUGUST. OKAY. CAN I JUST SAY ONE CLARIFYING THING? SO A REMINDER THAT THIS MEETING IS GONNA BE BRIEFING ONLY, WE'RE NOT TAKING ACTION ON ANYTHING, WE'RE JUST GETTING PRESENTATIONS FROM STAFF SO WE HAVE BETTER UNDERSTANDING AS WE GO INTO ACTION TOWARDS THE END OF THE YEAR. BUT, BUT, UH, I RE HAVE RECEIVED AND HEARD WHAT YOU SAID COMMISSIONER. OKAY. UH, COMMISSIONER AL I THINK. AND THEN COMMISSIONER CONLEY AND IF I'M MISSED ANYBODY RAISE YOUR HAND AGAIN, COMMISSIONER AL. SO IN TERMS OF HAVING YEAH. STAFF BRIEFING, I THINK IT DEPENDS ON WHETHER WE NEED TIME TO WORK SOME OF THESE IN OUR GROUPS ON AFTER BRIEFING TO GET READY FOR WHEN THEY'RE COMING. UM, THERE ARE A COUPLE OF ITEMS I KNOW THAT ARE ON THE LIST THAT I'VE CERTAINLY SEEN A LOT OF PUBLIC INTERESTED IN. ADU IS ONE OF THEM. I GET A LOT OF QUESTIONS ABOUT THAT. WHEN'S THAT COMING? WHEN'S THAT GONNA BE UP? SO I GUESS MY COMMENT, UM, ABOUT JUST THROWING THE WIDE NET IS THAT I THINK THERE MAY BE MEMBERS OF THE PUBLIC WHO MIGHT BE INTERESTED IN HEARING THE BRIEFINGS AS WELL. SO WE PROBABLY NEED TO BE A LITTLE BIT MORE SCHEDULED ABOUT IT. UM, WOULD BE MY SUGGESTION. WHEN YOU SAY SCHEDULED, WHAT, WHAT DO YOU MEAN? SO THAT IF WE SAY WE'RE GONNA HEAR ABOUT SUCH AND SUCH A TOPIC ON A CERTAIN DAY, THERE'S, IT'S SHOWING UP IN OUR AGENDA. THERE'S NOTICE PEOPLE WHO ARE INTERESTED IN THAT TOPIC WILL WILL COME VERSUS, OH, WE DIDN'T GET TO IT OR OKAY, I HEAR YOU. YOU KNOW, IT MAY, MAY NOT HAPPEN KIND OF THING. SO THIS WAS JUST, UH, IN RESPONSE TO COMMISSIONER COX SUGGESTING WE BROUGHT CASA BROADEN NET, WE DON'T GET TO HAVE, UM, THE PUBLIC DOESN'T GET TO HEAR ABOUT THOSE THINGS WE DIDN'T GET TO. THAT'S A CONCERN. YES. YES. CUZ THERE'S SOME, SOME OF THOSE ITEMS ARE OF PARTICULAR INTEREST I KNOW TOO. SURE. COMMISSIONER CONLEY. SO JUST, I'M JUST TRYING TO, UM, MAKE SURE I UNDERSTAND BECAUSE, SO THESE BRIEFINGS FROM STAFF COME PRIOR IN, IN A MEETING PRIOR TO WHEN WE ACTUALLY LOOK AT THE PROPOSED ITEM FROM STAFF, RIGHT? THE PROPOSED CODE CHANGES, RIGHT? IT'S LIKE A SEPARATE BRIEFING. I'M, I'M NOT PERSONALLY CONVINCED THAT WE NEED THESE BRIEFINGS FROM STAFF ON EVERY ITEM OR I, I WANNA AT LEAST MAKE SURE THAT, YOU KNOW, YEAH, I, I, YOU KNOW, IF WE'RE GONNA GET A BRIEFING THAT THERE'S REALLY SOME CONCRETE AND CLEAR INFORMATION THAT WE'RE GONNA GET FROM THAT BRIEFING IF IT'S, ESPECIALLY IF IT'S STILL SOMETHING THAT'S BEING WORKED ON. UM, BUT MY INCLINATION IS TO SAY THAT, YOU KNOW, WHEN THE ITEM IS PRESENTED TO US, WE'RE GONNA GET TO SEE IT ALREADY. SO I, YOU KNOW, IF WE COULD HAVE FEWER BRIEFINGS, BRIEFINGS WHERE THEY'RE [03:35:01] NECESSARY, UM, YOU KNOW, WHERE FOLKS REALLY FEEL STRONGLY THAT SOMETHING MERITS A BRIEFING, THAT WOULD BE MY PREFERENCE. I THINK IN COMMISSIONER COX, YOU, YOU KINDA STAGED THIS NOT AS IN AGREEMENT. THERE WERE SOME PRETTY COMPLEX CODE AMENDMENTS THAT I THINK WE WERE SEEING COME THAT WERE IN OUR FUTURE AND IT WAS TRYING TO GET AHEAD OF IT AND KINDA SEEING SOME OF THE DIRECTION, CUZ WE KNOW WHEN WE DO GET PRESENTED, IT'S ON A, IT'S A LOT ALL AT ONCE. WE GOT OTHER ZONING CASES. SO IT'S TRYING TO GET AHEAD OF IT A LITTLE BIT. IF STAFF, YOU KNOW, IF WE CAN GET THEM TO PREPARE SOMETHING, IF THEY HAVE SOMETHING READY OR THEY CAN GET SOMETHING READY THAT REALLY IS MEANINGFUL, I DON'T WANNA MAKE THEM DO SOMETHING THAT THEY ARE REALLY, THEY'VE GOT FIVE, 10 DIFFERENT OPTIONS. THEY'RE NOT CLEAR ON WHICH DIRECTION THEY WANNA GO. I DON'T WANNA WASTE ANY OF OUR TIME WITH THAT. BUT IF THERE IS SOMETHING PRETTY CLEAR, UH, THAT THEY'VE GOT PRETTY FIGURED OUT AND WE WANNA GET A HEAD START, UM, I WOULD SUPPORT THAT. AND SO YEAH, I UM, THE ITEM, THIS, THE ITEM THAT, AND MAYBE I DIDN'T HEAR THIS COME UP, BUT THE, THAT'S ON HERE. THE CITYWIDE COMPATIBILITY ANALYSIS, UH, THAT LOOKED LIKE IT WAS PRETTY QUICKLY. DOES ANYBODY HAVE AN UPDATE ON THAT? BECAUSE THAT LOOKED LIKE IT WAS IMMINENT, UM, CHAIR, SO THAT'S NOT RELATED TO A CODE AMENDMENT, BUT, UH, IN A COUNCIL RESOLUTION LAST YEAR THEY DID ASK FOR A, SOME SORT OF DATA AND UPDATE THAT IS SUPPOSED TO BE PRESENTED AT SOME POINT SOON. I'M NOT SURE IF IT WILL GO TO COUNCIL'S HOUSING AND PLANNING COMMITTEE OR WHETHER THAT GOES OUT AS A MEMO. I'M, I'M UNCLEAR, BUT IT'S OKAY. IT'S NOT TIED TO A CODE ITEM. AND ACTUALLY I SHOULD HAVE MENTIONED, NOT IN THIS TABLE, BUT DID STAFF DID MENTION IS THAT PARKING IS LIKELY TO RETURN BEFORE THE END OF THE YEAR AS WELL. SO COMPATIBILITY, WE'RE NOT SURE IF IT WILL RETURN BEFORE THE END OF THE YEAR, BUT I THINK WE HEARD A PLEDGE FROM STAFF THAT PARKING IS LIKELY TO RETURN BY THE END OF THE YEAR. UH, THAT'S DOWN THE ROAD. OKAY. SO, YOU KNOW, DO WE WANT TO, ARE THERE, IS THERE ANYTHING THAT WE'VE HEARD THERE KIND OF ON THE LIST THAT WE REALLY IS I WOULD SAY IS COMPLEX OR THAT, UM, I DON'T THINK WE JUST NEED TO HEAR SOMETHING TO HEAR IT, UH, IF IT'S, UH, BUT IS THERE ANYTHING THE ADU SEEMS TO BE OF INTEREST TO ME AND PERHAPS THE NORTH BURNETT GATEWAY REGULATING PLAN? THOSE ARE TWO. UH, AND I WASN'T SURE THAT THE, UM, WHICH ONE IS THE OTHER ONE? THE CHILD, UH, THE CHILDCARE SERVICES. IT PARTIALLY BECAUSE IT'S JUST TIME, RIGHT? SO IT'S SUPPOSED TO BE COMING TO US ON 9 26. SO IS IT, UH, IS IT PRETTY CUT AND DRY? I MEAN, HAVE YOU GUYS, UH, DOES ANYBODY KNOW WHAT THE DIRECTION, ANY, I MEAN, I'LL, I'LL BE HONEST, IT'S HARD TO KNOW CUZ IT WAS A PRETTY COMPLEX AND, AND A GOOD, UM, CODE CHANGE FROM COUNCIL, BUT IT'S BEING SPLIT INTO TWO PORTIONS. OKAY. SO THIS WOULD ONLY BE THE FIRST PHASE OF THAT. I'M NOT, I'M, I'M UNCERTAIN OF WHAT IS INCLUDED IN PHASE ONE. I THINK WHAT I WOULD SAY CHAIR IS, I THINK YOU'RE RIGHT. I THINK ADU IS A BIG ONE, TO BE HONEST. UM, THE NORTHBOUND GATEWAY, I THINK IT'S TIMELY. IT WOULD BE AS WELL TO ACTUALLY HAVE GONE THROUGH IT BEFORE THE WEANING WE TAKE ACTION AT. I WOULD ACTUALLY SAY PARKING WOULD BE GREAT. I DON'T KNOW IF THAT IS SOMETHING FOLKS AGREE WITH, BUT PARKING MIGHT BE SOMETHING IF STAFF CAN PRESENT TO US. AND I HATE TO THROW IT IN SOUTH CENTER WATERFRONT. I THINK WE HAD A WORKING GROUP THAT DID PRETTY EXCELLENT JOB ON THE POD LAST YEAR AND WAS ABLE TO DIG IN REALLY DEEPER INTO DIFFERENT ELEMENTS. I KNOW THAT'S DIFFERENT FROM THE REGULATING PLAN, BUT CERTAINLY IT MIGHT HELP STAFF TO GET SOME CONTEXT FROM COMMISSIONERS ON THAT. AND I'M SORRY, JUST TWO AND FOUR ITEMS, SO, SO THAT ONE. OKAY, SO THAT'S ALL RIGHT. SO HOW MANY DO WE, LET'S MAYBE DO THIS, LET'S TAKE, PICK A NUMBER THAT WE WANT TO TAKE ON , UH, AND THEN, AND MAKE IT CERTAIN. SO HOW MANY DO WE WANNA TAKE ON, ON THIS SPECIAL MEETING? CHAIR. CHAIR? YES. COMMISSIONER CLARK, REAL QUICK, I'LL JUST, NOT ANSWERING YOUR QUESTION, BUT I DID WANT TO THROW IN THE, UH, OR MAYBE SOMEONE HAS SOME INFORMATION ON THE LIVE MUSIC VENUE AND CREATIVE SPACE ITEM. THAT'S RIGHT. UM, IT'S GONNA BE DONE. I THINK WE'VE ALREADY GOTTEN SOME CORRESPONDENCE KIND OF RELATED TO THAT, SO THAT MIGHT BE SOMETHING WE WANT TO DIVE DEEPER INTO. I IS THAT DIFFERENT THAN THE, UH, CODE AMENDMENT FOR PER PERFORMANCE VENUES? IT, IT'S THE SAME ONE EXCEPT, UH, COMMISSIONER COX. IT'S LIKELY TO HAVE BEEN ADOPTED BY OUR AUGUST MEETING. YEAH, SO CURRENTLY IT'S SCHEDULED TO COME TO US ON 7 25. OKAY, NEVERMIND THEN. YES. SO DO I HAVE A, UH, MR. MAXWELL? GO AHEAD. YEAH, I WAS JUST GONNA SUGGEST I THINK THE MOST, JUST TO KEEP OUR BRAINS SOMEWHAT FUNCTIONAL MIGHT BE FOUR BRIEFINGS, , AND IF WE FELT COMFORTABLE TARGETING MAYBE FOUR TO FIVE THAT WE COULD PUT OUT FOR STAFF AND THAT, THAT THEY COULD COME BACK WITH THAT NUMBER. THAT'S JUST MY SUGGESTION. UH, COMM, UM, MR. RIVERA DO, DOES THAT APPROACH, I, I KNOW I WAS TRYING TO GIVE YOU A NUMBER, AN EXACT DIRECTION. UH, COULD WE GIVE SOME CHOICES TO STAFF? WOULD THAT BE EASIER TO MAYBE SEE WHICH ONES THEY PREFER? [03:40:03] CHAIR, COMMISSIONER LEE AND IVER? I BELIEVE THAT THAT, IF THAT'S THE DESIRE OF THE COMMISSION. OKAY. I WOULD JUST, UM, THAT'S ALSO, UM, HOW, UM, JUST THE WILL THE COMMISSION ON, UH, HOW MUCH TIME WE WANT TO, UH, YEAH. SPEND ON OUR AUGUST 31ST. HOW MUCH TIME, SO HOW MUCH TIME ARE WE GOING TO GIVE STAFF? CUZ TYPICALLY WE GET SIX MINUTES, BUT WE'RE, WE'RE GONNA GIVE THEM MORE TIME, UM, JUST TO TRY TO GET COMMISSIONERS ARE ONCE I JUST, I WAS JUST GONNA ASK HONESTLY, I, AND I KNOW I SUGGESTED FOR, SO COMMISSIONER MAXWELL, I APPRECIATE YOU ACCOMMODATING THE FOUR, BUT I DO WANNA SEE, HONESTLY FOUR CAN SOMETIMES BE A LOT AND I LOOK TO COMMISSIONER AS WELL. THREE MIGHT HONESTLY BE A MORE REASONABLE NUMBER FOR US. YEAH. UM, SO YEAH, AND I, I'M SEEING A LOT OF NODS. I'M SEEING COMMISSIONER SHOULDER NOD AS WELL. SO I THINK MAYBE THREE IS WHAT WE GO WITH. AND THEN MAYBE YOU CAN WHITTLE DOWN AGAIN. I HAVE SUGGESTED SOME, I DON'T WANNA BE THE PERSON WHO DRIVES THIS. I WANNA BE OPEN TO WHAT EVERYBODY HAS TO SAY. I CAN REPEAT IT AGAIN, WHAT I HAD ON MY LIST AND I CAN, I CAN HONESTLY REPEAT AGAIN EVERYTHING THAT IS COMING UP AND THEN I CAN REPEAT MY, WE'VE SEEN THE SPREADSHEET OF EVERYTHING. OKAY. APPRECIATE THAT. SO THEN WHAT I HAD RECOMMENDED WAS, AND WE CAN PICK THREE FROM AMONG THE FOUR NORTH BERNARD, GATEWAY REGULATING PLAN, ADU EXPANSION, SOUTH CENTER, WATERFRONT REGULATING PLAN, AND UM, CHILDCARE SERVICES. OH, NO, SORRY, PARKING, NOT CHILDCARE SERVICES. I WAS THINKING WHAT WAS MISSING? IT'S NOT ON THE SPREADSHEET. SORRY. SO THEN WE'RE TALKING ABOUT NORTH BEND GATEWAY, SOUTH CENTER WATERFRONT ADO EXPANSION AND PARKING. AND I SEE THAT, UM, CONSUMER CHILD MIGHT MAYBE HAS OUR HAND. SO, SO I SUGGESTED FOUR, BUT I THINK WE NEED TO PICK THREE AMONG THESE. I AGREE. I THINK WE SHOULD LIMIT A MINUTE TO THREE CUZ WE'RE UN UNLESS YOU'RE FIELDING WHICH THREE? SORRY, I WASN'T TRYING, I WAS COUNTING . YEAH. UM, DO WE HAVE GENERAL AGREEMENT THAT THREE, I MEAN WE'LL GO AND MAKE A MOTION HERE, BUT JUST LOOKING AT HEADS NODDING THREE IS KIND OF ALL WE WANNA DO ON THIS SPECIAL MEETING. OKAY. UH, DO GO AHEAD. COMMISSIONER COX. WHAT, WHAT IF, WHAT IF STAFF IS NOT READY FOR ONE OF THOSE THREE? OKAY, LET'S DO THIS. I'M GONNA ASSUME WE HAVE A BACKUP . WE, WE HAVE THREE THAT WE ARE A PRIORITY, AND THEN WE'LL GIVE THEM TWO THAT ARE KIND OF A NEXT TIER, BUT WE'LL SPECIFY. THESE ARE THE ONES WE WOULD LIKE TO HEAR FROM. IT'S OUR PRIORITY. AND HERE'S A COUPLE OF OTHERS. YOU CAN, IF YOU'RE NOT READY, UH, DOES THAT GO AHEAD. COMMISSIONER ZER CHAIR. IF I MIGHT RECOMMEND, I THINK HONESTLY ONE OF THE ONES FROM THIS LIST I CAN GO INTO BACKUP IS PROBABLY SOUTH CENTER WATERFRONT SPECIFICALLY, BECAUSE I THINK IT IS TRULY ONE OF THE MOST SORT OF LARGE AND COMPLEX. SO STAFF MIGHT JUST STRUGGLE TO GIVE US A SNEAK PEEK INTO THAT. WE MIGHT JUST HAVE TO WAIT FOR IT TO COME IN ITS FORM THAT IT DOES, AND THEN BUILD ALONG A TIMELINE ALONG THAT. OKAY. SO HEARING THAT, UH, DO I, I'M GONNA GO AND ASK FOR SOMEBODY TO MAKE MAYBE A SUGGESTED MOTION ON, ON THE PRIORITY LIST OF THREE, AND THEN I HAVE A SUGGESTED MO. OKAY. I HAVE A SUGGESTED MOTION ON THE PRIORITY LIST AND WE CAN VOTE. OKAY. UM, ADU PARKING SOUTH CENTRAL WATERFRONT. OKAY. UH, SUPPORT THAT A SECOND. WE'LL JUST KIND OF KEEP IT WITH A, OKAY, SO THAT WAS PARKING SO CENTRAL. AND THEN I THOUGHT COMMISSIONER JUST SAID WE OUGHT TO GIVE THE SOUTH CENTRAL A LITTLE BIT LONGER. DID I MISUNDERSTAND? YES, BUT WAS HE SAYING BRING THAT FORWARD OR GIVE THAT MORE TIME? I, I HATE TO SAY IT. I FEEL LIKE YES, BUT ALSO IF THAT IS THE WILL OF THE BODY, I WOULD RATHER GO THERE BECAUSE I KNOW IT IS SOMETHING OF DEEP INTEREST TO FOLKS. MAYBE IF WE DO THAT WITH OUR TWO BACKUPS, IT WORKS OUT WELL. SO, UM, BUT IT DOESN'T, BUT IT HASN'T EVEN GONE TO THAT GROUP YET. COMMISSIONER MAXWELL SAID THEY HAVEN'T MET IF YOU NEED, SO IT SEEMS LIKE IT MAKES MORE SENSE TO LET IT SLIDE BACK A LITTLE BIT BECAUSE LET THEM DO A LITTLE BIT OF WORK ON IT FIRST, EVEN, YOU KNOW, IF THEY GET A CHANCE TO GO AT IT FIRST, THAT'S FINE. OKAY. IT BRINGS, SO WE GOT A NEW PARKING, WHAT DO WE WANNA FILL IN THEN? AT NORTH BURNETT? NORTH BURNETT. GREAT WAY, BURNETT. YEAH. OKAY. SO ARE THERE ANY OBJECTIONS TO MAKING THAT A TOP TIER THREE? AND THEN WE'LL PICK TWO MORE TO FILL IN. OKAY. SO WE HAVE THOSE THREE AS OUR YEAH, THE ONES WE, WE PREFER AND THEN THE TWO. LET'S JUST GIVE 'EM TWO OTHERS. UH, SO SOUTH, SOUTH CENTRAL, SOUTH CENTRAL AND CHILDCARE . JERRY, I I HATE TO MAKE THIS VERY, VERY HARD. UH, CAN WE JUST DO, BECAUSE I HAD MADE A SECOND FROM PARLIAMENTARY PERSPECTIVE, SO THE MOTION I BELONG TO THE BODY, CAN YOU PLEASE MAKE THAT AS A SUBSTITUTE MOTION? OKAY. SUBSTITUTE. THANK YOU. I'M MAKING A SUBSTITUTE MOTION TO HEAR ADU PARKING CODE AMENDMENTS AND SOUTH CENTRAL WATERFRONT REGULATING PLAN NORTH BURN NORTH. NORTH. OH, I'M SORRY, I'M READING MY NOTES. ADU PARKING AND NORTH BURNETT GATEWAY. UH, DO I HAVE A SECOND? UH, SECOND ABOUT COMMISSIONER MAXWELL. ALL RIGHT, [03:45:01] SO, UM, LET'S GO AND HOLD THAT AND WE'RE GONNA VOTE ON EVERYTHING AT ONCE. UH, SO THE OTHER TWO CAN SOMEBODY, I'M, I'M SORRY, CLARIFICATION FROM, UH, MR. RA. I BELIEVE THAT FOR THIS WE CAN JUST HAVE TWO PEOPLE RECOMMENDED. WE DON'T NEED A MO A VOTE. DO WE CHAIR COMMISSIONER LEE? LIAISON VERSO? YES. UH, SO WHEN YOU'RE PROPOSING ITEMS, IT JUST, UM, TO, UM, MEMBERS, BUT, UM, IF YOU WANT TO GET A SENSE OF WHERE THE COMMISSION, UM, HAS COMING FROM. YEAH, I, I DO. YEAH. I, I'M TRYING TO GET, SO LET'S JUST DO THAT. ANY OBJECTIONS TO THOSE THREE? WE'LL START THERE. OKAY. OTHER TWO. COMPATIBILITY. CHILDCARE. CHILDCARE YOU HAVE, WE HAVE A REQUEST FOR CHILDCARE CHILD CARE AND, AND I THINK I HEARD A REQUEST FOR COMPATIBILITY AS WELL. WELL, THAT WOULD BE A, NOT A CODE AMENDMENT, BUT THE ANALYSIS PREVIEW. DO WE WANT, DO WE GET TO HEAR IT BEFORE COUNSEL? I'M KIND OF TRYING TO BE, THEY REQUESTED IT. SHOULD WE WAIT UNTIL THEY HEAR IT FIRST? I, I WOULD NOT KNOW THE ANSWER TO THAT QUESTION. OKAY. ALL RIGHT. I, IF I WERE TO HONESTLY JUST SIMPLIFY IT, I THINK IT MIGHT BE EASIER TO DO SOUTH ON WATERFRONT AND CHILDCARE AS TO YEAH. OKAY. I'LL DO THAT. WE HAVE A SECOND. COMMISSIONER MAXWELL. UM, SO ANY OBJECTION TO THOSE TWO BEING THE NEXT TWO? ALRIGHT, THEN WE'RE GOOD. UM, OUR REQUEST FROM STAFF, UH, SO WE'LL MAKE GOOD USE OF THAT. AUGUST 31ST AND THEN CHECKING THE TIME, WE CAN DO THIS FIVE MINUTES, FOUR MINUTES. UH, I THINK WE CAN GET THROUGH, UH, BOARD COMMITTEES, WORKING GROUP UPDATES, UH, CODES AND ORDINANCES, JOINT COMMISSION COMMITTEE. UM, I'LL, I'LL, UH, WE HAVE OUR MEETING NEXT WEDNESDAY, AND SO FAR WE'VE GOT, UH, FIVE OR SO CODE AMENDMENTS THAT WE'RE HEARING. THAT'S THE BURTON SPRINGS BATHHOUSE SOS AMENDMENT, THE TENANT NOTIFICATION AND RELOCATION, THE ELIMINATE NPA FILING DEADLINES, THE UNO SIGNED CORRECTION, WHICH WE'VE BEEN WAITING ON FOR A VERY, VERY LONG TIME. UM, AND THEN THE ANNUAL INTER INTERNAL REVIEW AND REPORT. OKAY. COMPREHENSIVE AND JOINT COMMITTEE? NO, NO REAL UPDATE. BUT, UH, WE ARE TALKING ABOUT POTENTIALLY HAVING A SPECIAL COLD MEETING AND I THINK, UH, STAFF WANTS TO VISIT WITH, UH, ME AND COMMISSIONER HAYNES TO TALK ABOUT SOME STUFF THAT WE TALKED ABOUT LAST TIME, SO WE'RE WORKING THROUGH IT. OKAY. JOINT SUSTAINABILITY COMMITTEE, WE PASSED A RESOLUTION SUPPORTING EQUITY ACTION IN THEIR CITY BUDGET RECOMMENDATIONS. AND WE HEARD, UH, MORE ABOUT THE AUSTIN TELEWORK POLICY AND PASTOR RESOLUTION, ASKING THE CITY TO CONSIDER THE SUSTAINABILITY IMPACTS OF THAT POLICY. ALL RIGHT. THANK YOU. SMALL AREA PLANNING JOINT COMMITTEE, I GUESS. UH, COMMISSIONER HOWARD. YEAH, SO WE, WE WE'RE NOT MEETING THIS ONE. OKAY. . ALL RIGHT. UH, S CENTRAL FRONT. OH, CORE ISSUES WE HAVE NOT MET. ALL RIGHT. ACCESSORY DWELLING UNIT AND WHAT'S WORKING. CORRECT. ANYBODY WANT TO SPEAK TO THAT? ADAM? I, I KNOW COMMISSIONER AL IS ON HERE, BUT I'LL JUST, UH, SPEAK BRIEFLY. COMMISSIONER AL, YOU CAN ADD TO IT, OR CORRECT ME IF I'M WRONG. UM, BUT ESSENTIALLY I THINK COMING OUT OF THE LEGISLATIVE SESSION, WE WERE TRYING TO SEE WHAT STAFF WAS WORKING ON, AND I THINK THIS, HOPEFULLY THE WORK THAT STAFF IS DOING, WE CAN LOOK AT THAT, REVIEW IT AND SEE HOW TO MOVE FORWARD ON THAT. AND, AND JARED, IT DOESN'T APPEAR THAT YOUR MICROPHONE'S WORKING VERY WELL, SO WE WE'RE HARD TO HEAR YOU. OH, OKAY. YOU'RE HA YOU'RE HAVING A HARD TIME HEARING US. OKAY. IT'S BETTER NOW. UM, AUSTIN STRATEGIC MOBILITY PLAN, WORKING THROUGH IT. UH, WE OBVIOUSLY HAD THAT POSTPONED FOR THIS EVENING, BUT I BELIEVE IT'S COMING BACK. AND HOPEFULLY WE CAN GO THROUGH ALL THOSE AMENDMENTS THAT WE CAME UP WITH. ALL RIGHT. DESIGN GUIDELINE, UPDATE, WORKING GROUP, UH, CHAIR, DO YOU HAVE ANYTHING? NO. STILL WORKING ON CHANGES? OKAY. UH, WE HAVE OUR BUDGET WORKING GROUP. UH, WE HOPE TO HAVE RECOMMENDATIONS FOR THE NEXT PLANNING COMMISSION MEETING. OKAY, GREAT. UH, PALM DISTRICT WORKING GROUP CHAIR, CONN, UH, PALM DISTRICT WORKING GROUP MAP. WE HAVE, UH, SO FAR 21, UH, POTENTIAL AMENDMENTS WE'RE GONNA BE GOING OVER. THERE'S GONNA BE EIGHT MORE AND POSSIBLY MORE. WELL GONNA MEET AGAIN, UH, SOMETIME NEXT WEEK. OKAY. BYE . OKAY. UH, SO ANY OTHER ITEMS, UM, BEFORE I ADJOURN? OKAY. HERE, SEEING NO OBJECTIONS, UH, WE'RE GOING TO ADJOURN THIS MEETING OF PLANNING COMMISSION AT 9 59. THANK YOU DREAMS IN THE SPACE [03:50:16] INSIDE THE BURNING CANYON. AS THE MOON BEGAN TO RISE, I TOOK YOUR HAND AND. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.