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[00:00:03]

WE'RE GOING TO GO AHEAD AND BRING THIS

[ Determination of Quorum / Meeting Called to Order]

JULY 25TH, 2023 MEETING OF THE PLANNING COMMISSION TO ORDER.

WE'LL START WITH OUR TRADITIONAL ROLL CALL, AND I'LL START WITH THOSE, UH, ON THE DAIS AND THEN MOVE, UH, OVER TO THE SCREEN.

UM, AND ON MY RIGHT, WE'LL START HERE.

WE HAVE COMMISSIONER WOODS HERE.

I THEN COMMISSIONER MAXWELL HERE.

UH, WE HAVE COMMISSIONER CAULEY HERE, CHAIR SHAW IS HERE, AND THEN WE MOVE TO MY RIGHT.

UH, COMMISSIONER ZA HERE.

UM, COMMISSIONER HAYES HERE.

THEN ON THE SCREEN WE HAVE COMMISSIONER HOWARD HERE.

AND, UH, LET'S SEE.

YEP.

MOVING UP THE TOP, WE ADVISE CHAIR HEMPEL HERE.

AND COMMISSIONER COX.

COMMISSIONER COX.

ALL RIGHT.

THERE YOU ARE.

UH, AND NEXT WE HAVE, UH, COMMISSIONER BARRERA RAMIREZ HERE.

OKAY.

AND, UH, COMMISSIONER ANDERSON.

YES.

OKAY.

ALRIGHT.

UM, DO A LITTLE HOUSEKEEPING ITEMS. UH, WELL FIRST LET ME RECOGNIZE OUR EX OFFICIO FROM THE BOARD OF ADJUSTMENTS CHAIR, UH, COHEN.

THANK YOU.

AND, UM, I HAVE COMMISSIONER ZARA WILL BE THE PARLIAMENTARIAN AND WE'LL, I'LL HAVE HELP FROM THE VICE CHAIR.

ARE YOU, UH, VICE CHAIR HEMPEL? YOU'RE DOING THE FIRST, UH, CONSENT READING OF THE CONSENT AGENDA.

OKAY.

YES, SIR.

AND OF COURSE, UM, MR. RIVERA IS GONNA HELP ME CALLING SPEAKERS, WHICH IS A TREMENDOUS HELP.

SO, HYBRID MEETING, UM, WE HAVE THOSE PART COMMISSIONERS PARTICIPATING BOTH VIRTUALLY AND HERE ON THE DIOCESE AS WELL AS SPEAKERS, UH, IN THE AUDIENCE.

AND THEY CAN SPEAK, UM, UH, VIRTUALLY.

AND MR. RIVERA, YOU WILL CALL THOSE.

WE HAVE QUITE A FEW ITEMS, UM, TODAY, SO YOU DON'T NEED TO STAY HERE THE ENTIRE TIME.

IF YOU'RE SIGNED UP TO SPEAK, YOU CAN WAIT IN THE ATRIUM.

UH, IF YOU'RE NOT THE FIRST ITEM, UH, WAIT TILL WE PASS THE CONSENT AGENDA.

MAKE SURE YOU KNOW THE ORDER AND THEN YOU'LL GET AN EMAIL ABOUT 15 MINUTES OUT, UH, BEFORE YOUR ITEM COMES UP.

THAT WAY YOU DON'T HAVE TO STAY HERE IN THIS ROOM THE WHOLE TIME.

ALRIGHT, LET'S GO AHEAD AND, UH, FIRST OF ALL ON THE, DO WE HAVE ANY PUBLIC COMMUNICATION TODAY? CHAIR COMMISSIONER LEES ON ANDRA.

UM, UM, I AM GOING TO HAVE TO REQUEST THE COMMISSION TAKE A, UM, UH, FIVE MINUTE RECESS.

OKAY.

UH, ALL RIGHT.

WE'LL COME BACK AT, UM, WE WANNA BE EXACTLY FIVE MINUTES, SO IT'D BE 6 22.

THANK YOU.

GREAT.

I CAN FINISH MY , BRING THIS MEETING BACK TO ORDER AT 6 25.

UM, WE WERE JUST GETTING READY TO, UH, PUBLIC COMMUNICATION.

DO WE HAVE ANY TODAY? CHAIR COMMISSIONER LAYS ON ANDREW DREW RIVERA.

WE DO NOT HAVE ANY PUBLIC COMMUNICATION THIS EVENING.

OKAY.

AND MOVING ON TO THE NEXT ITEM, THE, UH, THE MINUTES FROM

[APPROVAL OF MINUTES]

JULY 11TH, 2023.

COMMISSIONERS, DO WE HAVE ANY, UH, QUESTIONS OR CHAIR, COMMISSIONER, LAY LIAISON, ANDOVER, WE'RE GONNA BE POSTPONING THAT TO YOUR NEXT MEETING.

OKAY.

ALRIGHT.

SO THAT WILL NOT BE INCLUDED IN OUR CONSENT.

OKAY.

ALRIGHT.

LET'S MOVE ON TO, UM,

[Consent Agenda]

THE READING OF THE, UH, CONSENT AGENDA.

AND WE'LL TRY TO FIGURE OUT WHAT'S GONNA BE LEFT ON CONSENT AND WHAT PUBLIC HEARINGS WE'RE GONNA HAVE, UH, AFTER THAT.

UM, VICE CHAIR HEMPEL, YOU WANNA KICK US OFF? SURE.

STARTING WITH NUMBER TWO.

PLAN AMENDMENT N P A 2023 DASH 0 0 1 8 0 1 7,002, 7,004, AND 7,006 GUADALUPE STREET.

THAT IS UP FOR STAFF POSTPONEMENT TO AUGUST 8TH.

NUMBER THREE, PLAN AMENDMENT N P A DASH 2023 DASH 0 0 1 8 0 2 K NIG UP FOR STAFF POSTPONEMENT TO AUGUST 8TH FOUR.

PLAN AMENDMENT N P A DASH 2022 DASH 0 2 6 0 1 GEORGIAN DRIVE QUALITY FOUNDATION IS, UH, FOR DISCUSSION NUMBER FIVE, REZONING C 14 DASH 2022 DASH 0 1 6 6 GEORGIAN DRIVE QUALITY FOUNDATION.

ALSO UP FOR DISCUSSION NUMBER SIX, REZONING C 14 DASH 2023 DASH 0 0 3 0 25 55 WESTERN TRAILS BOULEVARD IS UP FOR DISCUSSION NUMBER SEVEN, REZONING C 14 DASH 2022 DASH 0 1 7 4 2700 SOUTH LAMAR.

FOLLOW-UP IS OFFERED FOR CONSENT WITH A REVISED EXHIBIT A WITH A NOTE THAT COMMUNITY

[00:05:01]

RECREATION PUBLIC HAS BEEN REMOVED FROM THE PROHIBITED LIST.

NUMBER EIGHT, REZONING 14 DASH 2023 DASH 0 0 3 6 2700 SOUTH LAMAR.

FOLLOW UP TWO THAT IS OFFERED FOR CONSENT WITH A REVISED EXHIBIT E.

NUMBER NINE, REZONING C 14 DASH 2023 DASH 0 0 1 15 200 SOUTH CONGRESS AVENUE IS OFFERED FOR CONSENT.

NUMBER 10, REZONING C 14 DASH 2023 DASH 0 0 1 3 5 0 1 PEN IS OFFERED FOR APPLICANT POSTPONEMENT TO SEPTEMBER 12TH.

NUMBER 11, REZONING C 14 DASH 2023 DASH ONE UNIVERSITY PARK NORTH OFFERED FOR CONSENT NUMBER 12 REZONING C 14 DASH 20 23 12 UNIVERSITY PARK SOUTH OFFERED FOR CONSENT.

NUMBER 13, SITE PLAN EXTENSION SP 2015 DASH 0 5 4 3 C XT TWO GREEN PASTURES WILL BE OFFERED FOR DISCUSSION NUMBER 14, PRELIMINARY PLAN C EIGHT DASH 2022 DASH 0 1 46.

SIDE SECTION TWO AT WILDHORSE RANCH IS OFFERED FOR DISAPPROVAL FOR REASONS PER EXHIBIT C.

NUMBER 15 RE SUBDIVISION C 8 20 19 DASH 0 0 6 5 0 A SANKOFA SUBDIVISION OFFERED FOR CONSENT.

NUMBER 16 SUBDIVISION OUT OF PREVIOUSLY APPROVED PRELIMINARY PLAN C EIGHT DASH 2020 DASH 0 1 12 1 A BREAKER VALLEY PHASE ONE DISAPPROVAL FOR REASONS PER EXHIBIT C.

NUMBER 17, FINAL C EIGHT DASH 2022 DASH 0 1 2 0 A VELOCITY PHASE TWO OFFERED FOR APPROVAL WITH CONDITIONS.

NUMBER 18 FINAL PLOT C EIGHT DASH 2023 DASH 0 0 6 7 0 A HANER SUBDIVISION UP FOR DISAPPROVAL FOR REASONS PER EXHIBIT C.

NUMBER 19, THE FINAL PLATFORM APPROVED PRELIMINARY PLAN C EIGHT J DASH 2022 DASH 0 2 73 1 A LAGOS AUSTIN, SECTION TWO PHASE ONE OFFER FOR CONSENT.

L D C AMENDMENT C 20 DASH 2023 DASH 22 S O S SITE SPECIFIC BARTON SPRINGS BATHHOUSE IS OFFERED FOR CONSENT.

21 L D C AMENDMENT C 20 DASH 2023 DASH NINE LITTLE BEAR AQUIFER RECHARGE ENHANCEMENT SITE SPECIFIC S O S AMENDMENT IS OFFERED FOR CONSENT NUMBER 2020 OR SORRY, NUMBER 22 L D C AMENDMENT C 20 DASH 2022 DASH 0 22 LIVE MUSIC AND CREATIVE SPACES DEFINITIONS THAT IS OFFERED FOR CONSENT WITH EXHIBIT A.

NUMBER 23, IMAGINE AUSTIN AMENDMENT, THE AUSTIN STRATEGIC MOBILITY PLAN.

UPDATE THAT, UH, A PUBLIC HEARING AND Q AND A HAVE BEEN CONDUCTED AND THE CHAIR WILL PROPOSE THIS ITEM FOR CONSENT WITH WORKING GROUP AMENDMENTS.

NUMBER 24, IMAGINE AUSTIN AMENDMENT, THE PALM DISTRICT PLAN, THE PUBLIC HEARING AND Q AND A HAVE BEEN CONDUCTED AND THAT IS UP FOR DISCUSSION AND THERE ARE, UH, WORKING GROUP AMENDMENTS TO REVIEW.

AND ALSO NUMBER 25, AN ITEM FROM THE DISCUSSION, UM, IS OFFERED FOR CONSENT.

AND THAT CONCLUDES THE CONSENT AGENDA.

OKAY.

I THINK WE GOT A LITTLE WORK TO DO TO KIND OF MOVE THROUGH THIS.

SO, UH, COMMISSIONERS, UM, ANY QUESTIONS, UM, ON THE CONSENT AGENDA OR, UH, ITEMS WE WANT TO PULL FOR DISCUSSION? OKAY.

OKAY.

UH, COMMISSIONER HAYNES.

THANK YOU MR. CHAIRMAN.

UH, YES, I WOULD LIKE TO, UH, PULL ITEM 23, UH, FROM THE CONSENT.

OKAY.

IT'S DONE.

ALL RIGHT.

WE'LL PULL THAT ITEM.

UH, ANY OTHERS? YES, GO AHEAD.

COMMISSIONER ZAZA COX HAS HIS HAND UP IN THE OH, ALL RIGHT.

COMMISSIONER COX? YEAH, I JUST NEED TO RECUSE MYSELF FROM, UH, ITEM NINE ON THE CONSENT AGENDA.

ALL RIGHT.

THANK YOU FOR THAT.

UH, GO AHEAD, COMMISSIONER ZA THANK YOU CHAIR.

I HONESTLY, WE HAVE A BUSY AGENDA.

MY RECOMMENDATION HERE IS IF,

[00:10:01]

IF MY FELLOW COMMISSIONERS ARE WILLING, I WOULD LIKE TO POSTPONE ITEM NUMBER NINE AS A PART OF OUR CONSENT AGENDA TO OUR NEXT MEETING.

OKAY.

UM, JUST A CLARIFYING QUESTION.

ARE YOU ASKING TO POSTPONE IT? MICROPHONE? SORRY.

ARE YOU REQUESTING TO POSTPONE IT BUT KEEP IT ON THE CONSENT AGENDA, BUT FOR THE NEXT MEETING? IS THAT THE REQUEST? UH, MY REQUEST IS THAT WE POSTPONE IT WITHOUT A DISCUSSION, SO WE POSTPONE IT ON THE CONSENT AGENDA TODAY AND NEXT TIME WE WOULD HAVE TO CONSIDER WHETHER WE KEEP IT ON THE CONSENT AGENDA OR HAVE A DISCUSSION.

UM, OKAY.

UNDERSTOOD.

OKAY.

UM, COMMISSIONERS, ANY, ANY QUESTIONS ABOUT THAT? COMMISSIONER COX HAS HIS MR. COX, GO AHEAD.

NOT ON ITEM NINE, BUT, UH, IT WAS IT ITEM 22 OR 23 THAT WAS PULLED 23 WAS PULLED BY COMMISSIONER HAYNES.

AND NOW IT, GO AHEAD.

I WAS JUST GONNA ASK IT.

IT, WOULD IT BE POSSIBLE TO ASK SOME CLARIFYING QUESTIONS TO YOU CHAIR AND THE VICE CHAIR ON YOUR AMENDMENTS FOR 22? UM, OR SHOULD WE PULL THAT 22? UH, YOU CAN ASK.

UH, I THINK I'VE GOT SOME QUESTIONS TOO.

I THINK THERE WERE SOME EMAILS ABOUT A, UH, SOUND LEVEL INCLUSION, AND I HAVE SOME QUESTIONS AS WELL, SO I THINK I HAVE SOME.

SO I WILL BUILD ON WHAT YES.

ASK FOR CLARIFYING QUESTIONS.

GO AHEAD AND PROCEED WITH YOUR QUESTIONS AND WE'LL MAKE A DECISION ON THAT ONE.

YEAH, I, I HAD TWO QUESTIONS AND UH, ONE WAS RELATED TO, UM, I WANTED TO MAKE SURE MY UNDERSTANDING WAS CLEAR THAT THE PERFORMANCE VENUE CATEGORY IS THE CATEGORY THAT ALLOWS ALCOHOL SALES AND THAT REMAINS AS A CONDITIONAL USE.

UH, AND THEN MY SECOND CLARIFYING QUESTION WAS ALSO ABOUT THE NOISE.

WHAT IS THE CURRENT NOISE REGULATION AND WOULD THAT REGULATION APPLIED TO BOTH THE PERFORMANCE VENUE AND THEATER CLASSIFICATIONS? OKAY.

UH, SO STAFF, ARE YOU, YOU PREPARED? DO WE HAVE A, UM, AN ANSWER TO THOSE QUESTIONS THAT WE CAN STAFF WALKING BACK? OKAY.

CHAIR COMMISSIONER LA RIVERA AS THERE, I BELIEVE THERE IS ALSO A, UM, AMENDMENT BEING PROPOSED.

UM, BEFORE WE DO THAT, UM, IF YOU WANNA KEEP THAT IN MIND AND PROBABLY JUST, UH OKAY.

HAVE THIS ITEM AS DISCUSSION.

SO LET'S, YEAH, LET'S, IT MAY BE, SO WHAT IS THE AMENDMENT BEING PROPOSED? DO WE HAVE COMMISSIONERS? OKAY.

COMMISSIONER RERA.

RAMEZ COMMISSIONER.

SURE.

COMMISSIONER RETA RAMIREZ.

GO AHEAD.

I THINK YOU'RE ON MUTE.

YOU'RE ON MUTE.

OH, THERE YOU GO.

OKAY.

SO I THINK, UM, I THINK I WANTED TO LET YOU BRING IT FORTH.

LET'S GO AHEAD AND PULL THAT FOR DISCUSSION BECAUSE I THINK IT'S, UH, REGARDING THE DECIBEL LEVEL, UH, THERE'S A CODE REQUIREMENT, BUT ESTABLISHING SOMETHING, IF I'M GETTING THIS RIGHT, THAT'S, UH, LESS THAN CODE.

AND SO I THINK THAT'S SOMETHING WE NEED TO BRING UP FOR DISCUSSION.

UH, SO WE WON'T TRY TO HANDLE IT HERE.

SO I'M SORRY FOR BRINGING YOU GUYS UP.

LET'S GO AHEAD AND PULL THAT ITEM.

WE'LL SEE IF WE CAN MOVE THROUGH THAT QUICKLY.

UH, WHEN WE, YES, CHAIR SHANA, IT, IT'S LESS ABOUT THE, THE, AND THIS IS COMING FROM AN EMAIL EARLIER, IT'S LESS ABOUT THE DECIBEL AMOUNT THAN IT IS ABOUT MEASURING THE DECIBEL.

I'M SORRY, THE TIME OF DAY.

IT'S ABOUT ME MEASURING THE DECIBEL LEVEL AT THE PROPERTY LINE.

UM, SO THAT'S THE GIST OF, UH, COMMISSIONER BREIRA RAMEZ IS, OKAY.

SO IS IT A DIFFERENT THAN THE CURRENT CODE? IS THERE A DIFFERENCE? CORRECT.

OKAY.

I THINK, YES.

I THINK WE NEED TO HEAR STAFF OUT ON KIND OF WHAT THAT MEANS.

UH, AND THAT'LL TAKE LONGER THAN WE HAVE FOR THIS AT THIS MOMENT.

SO WE'LL BRING YOU GUYS BACK.

ALL RIGHT.

SO WE'LL PULL THAT ONE.

UH, SO COMMISSIONER COX WILL, WILL GET QUESTIONS ANSWERED AT THAT TIME.

ALRIGHT.

UM, AND THEN WE WERE, I'M SORRY, I LOST TRACK.

UH, YOU HAD AN ITEM AND, UH, YES, CHAIR.

I'M, I'M ASKING THAT ITEM NUMBER NINE BE POSTPONED TO THE AUGUST 8TH AGENDA.

OKAY.

I GUESS TYPICALLY WE CAN ASK THE, IF THE APPLICANT'S HERE, IF THEY, YES, IF, IF THAT'S GOING TO BE A HARDSHIP.

UM, I APOLOGIZE.

DID YOU SAY CASE NUMBER, ITEM NUMBER NINE? NINE? YES.

UH, THIS IS AMANDA SWAR WITH, UH, RENER GROUP HERE FOR LEAH BOJO.

AND WE'RE

[00:15:01]

FINE WITH THE POSTPONEMENT REQUEST.

THANK YOU.

OKAY.

PUT THE NEXT MEETING.

ALL RIGHT.

SO THAT'LL BE TAKEN UP AT THE NEXT MEETING.

OKAY.

I APPRECIATE THAT.

FROM THE APPLICANT AND MY FELLOW COMMISSIONERS.

ALRIGHT.

UH, ANY OTHER ITEMS THAT, UM, I DO HAVE, I DO HAVE A QUESTION.

I'M SORRY, STAFF.

I KNOW, UH, I HAD QUESTIONS AND, UH, MY DAY JUST DIDN'T GO AS PLANNED, SO I DO HAVE A QUICK QUESTION TO HELP ME.

UH, 'CAUSE I THOUGHT IT MIGHT BE AN, UM, SOMETHING THAT NEEDED TO BE CORRECTED ON THE AGENDA.

THE GIMME ONE CHANCE HERE.

THIS IS THE LAMAR ITEM.

OH, HERE IT IS.

IT'S THE LAMAR FOLLOW-UP.

IT'S, UH, 'CAUSE I HAD READ, I BELIEVE, AND THAT STAFF WAS WANTING TO CONTINUE WITH THE COS IF I'M, NOPE, YOU DO NOT.

SO WE'RE GONNA, YOUR HONOR, THERE SHOULD BE A MEMO IN THE BACKUP.

UH, WE DID NOT WANNA CONTINUE WITH THE COS THAT WERE PREVIOUSLY ON THE PROPERTY.

UH, FURTHER DISCUSSION WITH THE, THE APPLICANT RESULTED IN A NEW LIST, WHICH SHOULD BE IN YOUR BACKUP.

UH, THERE SHOULD BE A MEMO THERE THAT CLARIFIES THAT.

OKAY.

SO THERE ARE NO CONDITIONAL COS THAT ARE BEING, SOME ARE BEING RETAINED AND SOME ARE ARE BEING, UH, REMOVED.

UH, THE FULL LIST IS, IS THERE IN THE, THE BACKUP.

I'M HAPPY TO READ IT.

OKAY, SO IT'S EXHIBIT C.

DO YOU MIND, UH, DOING THAT? AND I APOLOGIZE AGAIN FOR NOT HAVING A CHANCE TO LOOK.

SURE.

AND THIS IS FOR ITEM NUMBER SEVEN.

UH, IT'S SEVEN AND EIGHT.

I KNOW THEY'RE SO ONE OF 'EM.

THERE'S NO CHANGE TO THE COS.

THAT'S ITEM NUMBER SEVEN.

HOLD ON ONE SECOND.

UH, ITEM NUMBER EIGHT.

UM, I'LL READ THE, THE MEMO IF, IF YOU'D LIKE ME TO.

IS IT THE SAME EXHIBIT C APPLIES TO BOTH OR ARE THEY DIFFERENT? UH, THEY'RE TWO DIFFERENT CASES.

UM, SO THE FOLLOWING CONDITIONAL OVERLAY SHOULD BE REMOVED, WHICH IS, UH, VEHICULAR ACCESS FROM THE PROPERTY TO SKYWAY CIRCLE.

UH, WE'RE REMOVING THE CONDITION THAT IT BE PROHIBITED EXCEPT FOR PEDESTRIAN, BICYCLE AND EMERGENCY INGRESS AND EGRESS.

ALL VEHICULAR A ACCESS TO THE PROPERTY SHALL BE FROM OTHER ADJACENT PUBLIC STREETS OR THROUGH OTHER ADJACENT PROPERTY.

SO THAT THAT'S, UH, CONDITION IS BEING REMOVED.

AND THEN THE FOLLOWING, UH, CONDITIONAL OVERLAY SHOULD BE MODIFIED TO PROHIBIT THE FOLLOWING USES, UH, ON THE GR M U V C O PORTION OF THE PROPERTY.

UH, AUTOMOTIVE RENTALS, AUTOMOTIVE SALES, BAIL BOND SERVICES, BED AND BREAKFAST GROUP TWO, UH, COMMUNITY GARDEN CULTURAL SERVICES, EXTERMINATING SERVICES, OUTDOOR ENTERTAINMENT, OUTDOOR SPORTS AND RECREATION, PRINTING AND PUBLISHING SERVICE, UH, SERVICE STATION.

UM, ALTERNATIVE FINANCIAL SERVICES, AUTOMOTIVE REPAIR SERVICES, AUTOMOTIVE WASHING OF ANY TYPE BED AND BREAKFAST GROUP.

ONE COMMUNITY EVENTS DROPPING DROP OFF, UH, RECYCLING, COLLECTION FACILITY, FUNERAL SERVICES, HOSPITAL SERVICES GENERAL, UH, MOBILE HOME RESIDENTIAL, UH, BUSINESS OR TRADE SCHOOL PAWN SHOP SERVICES AND URBAN FARM.

OKAY.

AND THEN ON THE C S M U V C O PORTION, I'M, I'M GOOD.

UH, THANK YOU THAT YOU GAVE ME THE ANSWER I NEEDED, SO.

ALRIGHT.

WONDERFUL.

WE'RE GOOD.

ALRIGHT.

ALL RIGHT.

ANY OTHER DISCUSSION ON THE CONSENT AGENDA? SO CHAIR WHO WE HAVE, UH, VICE CHAIR? YES, I WILL BE, UM, ABSTAINING, NOT RECUSING, BUT EX ABSTAINING FROM NUMBER 20.

UM, MY FIRM IS LEADING THE ZILKER PARK VISION PLAN AND ALTHOUGH THIS ITEM IS NOT PART OF THAT PLAN, IT'S ADJACENT, SO I'LL BE ABSTAINING.

THANK YOU.

ANY OTHER RECUSALS OR ABSTENTIONS WHILE WE'RE AT IT? CHAIR COMMISSIONER, LAY LIAISON.

ANDREW RIVERA.

I BELIEVE YOU'RE, UH, ALSO, UM, THERE'S CONSIDERATION OF MOVING 25 TO THE CONSENT AGENDA.

YES.

ANY COMMISSIONERS HAVE AN OBJECTION TO THAT? ITEM 25 GOING ON CONSENT.

OKAY.

WE'LL KEEP THAT ON CONSENT.

ALL RIGHT.

SO I'M GOING TO JUST READ THE DISCUSSION ITEMS. UH, SO IF YOU CAN HELP ME OUT HERE JUST TO GET THE LIST OF THOSE THAT, UM, WE ARE GOING TO HAVE FOR DISCUSSION.

WE HAVE ITEMS 4, 5, 6, 13, 22, 23,

[00:20:17]

AND 24.

IS THAT CORRECT? YES.

OKAY.

ALL RIGHT.

THOSE ARE FOR DISCUSSIONS.

FOR DISCUSSIONS, CORRECT.

OKAY.

ALL RIGHT.

UH, CHAIR COMMISSION MAY ON ANDREW VERA ALREADY DIDN'T INTERRUPT AGAIN.

UM, WE DO HAVE A MEMBER OF THE PUBLIC WHO WISHES TO ADDRESS THE COMMISSION ON A, ON ITEM 2020, ITEM 20.

UM, IT, THE INDIVIDUAL IS IN OPPOSITION BUT IS AMENABLE TO SPEAKING DURING THE CONSENT AGENDA PROVIDED.

YES.

I APOLOGIZE YOU, YOU MENTIONED THAT AND I ALMOST MISSED IT.

THANK YOU, MR. RIVERA.

SO LET'S GO AHEAD AND WITH THIS INFORMATION, UH, WE CAN MAKE A DECISION WHETHER WE NEED MORE QUESTIONS AND ANSWERS AND INFORMATION FROM STAFF, BUT LET'S GO AHEAD AND HEAR THIS INDIVIDUAL.

THANK YOU MR. LAVINSKY ON TELECONFERENCE.

IF YOU'LL SELECT STAR SIX, PROCEED WITH YOUR REMARKS.

THANK YOU, COMMISSIONERS.

THIS IS, UH, BOBBY LEVINSKY SPEAKING ON BEHALF OF THE SAVE OUR SPRINGS ALLIANCE BOARD OF DIRECTORS AND THE EXECUTIVE DIRECTOR OF S O S.

UM, WE'RE SPEAKING AGAINST THIS ITEM, UM, AS A MATTER OF RECORD, WHICH IS WHY I WAS UNCOMFORTABLE WITH GOING ON CONSENT.

BUT I DO WANNA DISCLOSE THAT I TEND TO, UH, FOLLOW UP WITH CITY STAFF TO ASK QUESTIONS DIRECTLY AND, UH, JUST DIDN'T WANT TO CAUSE UNNECESSARILY DELAY IN LOOKING AT THE SITE PLAN.

UM, THERE ARE SEVERAL UNRESOLVED ISSUES THAT COULD AFFECT THE EXTENT TO WHICH THIS S OSS AMENDMENT COULD AFFECT, UM, THE ENVIRONMENT.

UM, AND, YOU KNOW, JUST THE, THE BREADTH OF HOW MUCH IS BEING, UM, WAIVED BY THE S O S AMENDMENT.

THE FIRST QUESTION PERTAINS TO UTILITY LINES THAT, UH, WERE ONCE IDENTIFIED AS PROPOSED, THEN THEY WERE IDENTIFIED AS EXISTING.

SO THERE SEEMS TO BE SOME CONFUSION ABOUT WHICH, UM, WATER LANES ARE GONNA BE PART OF THIS PROJECT.

UM, AND THAT NEEDS A LITTLE BIT OF CLARITY, ESPECIALLY SINCE IT'S CROSSING THE CRITICAL WATER QUALITY ZONE, WHICH IS PART OF YOUR AMENDMENTS AS PART OF THIS ITEM.

UM, THERE'S ALSO SOME ISSUES WITH, UH, FIRE LANES AND FIRE CODE STANDARDS, UH, INCLUDING THE USE OF CHEMICALS THAT COULD BE POTENTIALLY HARMFUL TO ENDANGERED SPECIES ON THE SITE.

UM, THESE ARE ISSUES THAT ARE LIKELY BEING ADDRESSED BY STAFF.

I THINK THEY JUST NEED TO BE RAISED AND LOOKED INTO.

UM, MR. MR. LEVINSKY, IF YOU COULD PLEASE PAUSE FOR A MINUTE.

WE'RE HAVING SOME TECHNICAL DIFFICULTIES AND THEN IF I CAN, UM, HAVE YOU REPEAT PROBABLY YOUR LAST FEW SENTENCES, WE'RE GOOD.

LET ME KNOW WHEN I CAN PROCEED.

PLEASE HOLD MR. LEVIS.

APOLOGIES FOR THE INCONVENIENCE, MR. LEVINSKY, YOU'LL PLEASE PROCEED WITH YOUR REMARKS.

I APPRECIATE YOU TAKING CARE OF IT.

THANK YOU ANDREW.

UH, UH, SO AGAIN, I MENTIONED THE CONCERNS ABOUT WHAT UTILITY LINES THAT ARE ON THE SITE PLAN THAT, UM, SEEM TO BE, UM, CONFUSING WHETHER THEY'RE EXISTING OR PROPOSED.

THOSE ARE COMMENTS THAT HAVE NOT BEEN RESOLVED.

THERE'S CONCERNS ABOUT FIRE CODE STANDARDS, INCLUDING THE USE OF CHEMICALS THAT HAVE POTENTIALLY HARMFUL EFFECTS ON INVASIVE SPECIES ON THE SITE.

UH, OF COURSE STAFF WILL BE LOOKING INTO THAT.

UM, BUT IT'S JUST THESE ARE ITEMS THAT NEED TO BE RAISED.

UM, WE ALSO HAVE SOME CONCERNS ABOUT, UM, TREES ON THE SITE AND WHAT'S GOING TO BE HAPPENING TO TREES.

THAT'S SOMETHING WE'LL BE LOOKING INTO IN GREATER DETAIL.

UM, AND THEN THE MOST BROAD CONCERN IS TAKE BREAK CHAIR.

MY APOLOGIES.

UM, WE'RE GONNA HAVE TO TAKE A FIVE MINUTE RECESS.

ALRIGHT, UH, WE'LL RECONVENE AT 6 52 OR THEREABOUT.

ALRIGHT, THANK YOU.

SO WE'LL GO AHEAD AND RECONVENE.

UH, WE WERE BEEN TOLD OUR SPEAKER IS GONNA MAIL IN THEIR COMMENTS, UM, SO WE CAN MOVE ON TO THE, IS EVERYONE CLEAR ON THE CONSENT AGENDA? ALL RIGHT.

UH, DO I HAVE A MOTION? CLOSE PUBLIC HEARING PASS THE CONSENT AGENDA.

ALL RIGHT, COMMISSIONER WOODS, UH, SECONDED BY COMMISSIONER CONLEY, HANDS UP.

SO, UH, LET'S GO AND

[00:25:01]

ANY OPPOSITION, WE'LL JUST MAKE IT FAST.

ANY OPPOSITION? PASSING THE CONSENT AGENDA.

SEEING NONE.

ALL RIGHT, LET'S GO AND MOVE ON TO OUR FIRST DISCUSSION CASE.

AND THOSE ARE ITEMS FOUR AND FIVE, CHAIR COMMISSIONER LAY ON ANDREW RIVER.

MY APOLOGIES.

UM, AND I MAY HAVE MISSED IT.

UM, DID WE CLOSE THE PUBLIC HEARINGS WERE APPLICABLE.

I ASKED TO CLOSE THE PUBLIC HEARING AND PERFECT.

THANK YOU.

YES.

ALL RIGHT, SO WE'RE READY FOR STAFF TO GIVE US, UH, WE'RE GONNA TAKE FOUR AND FIVE TOGETHER.

GOOD EVENING.

REEN MEREDITH, HOW, OH, EXCUSE ME.

PLANNING DEPARTMENT ITEM NUMBER FOUR IS

[4. Plan Amendment: NPA-2022-0026.01 - Georgian Drive Quality Foundation; District 4]

PLAN M P A 20 22 0 0 2 6 0.01 GEORGIAN DRIVE QUALITY FOUNDATION.

THE PROPERTY ADDRESSES IS 8 2 2 6 THROUGH 8 2 4 0.

GEORGIAN DRIVE IS LOCATED WITHIN THE NORTH LAMAR COMBINED NEIGHBORHOOD PLANNING AREA.

THE REQUEST IS A CHANGE OF FUTURE LAND USE MAP FROM NEIGHBORHOOD COMMERCIAL TO MIXED USE LAND USE STAFF.

RECOMMENDATION IS FOR NEIGHBORHOOD MIXED USE.

THERE'S NO NEIGHBORHOOD PLAN CONTACT TEAM IN THE NORTH LAMAR PLANNING AREA.

SO WE HAVE NO LETTER OF RECOMMENDATION, BUT THERE IS CITIZEN COMMUNICATION IN THE STAFF CASE REPORT.

GOOD EVENING COMMISSIONERS SHERRY CERTIS WITH THE PLANNING DEPARTMENT.

THIS

[5. Rezoning: C14-2022-0166 - Georgian Drive Quality Foundation; District 4]

IS ITEM NUMBER FIVE.

THE ASSOCIATED ZONING CASE, WHICH IS CASE C 14 20 22 0 1 6 6 GEORGIAN DRIVE QUALITY FOUNDATION LOCATED 8 2 2 6 THROUGH 8 2 4 0 GEORGIAN DRIVE.

THE REQUEST IS A REZONING FROM L R N P ZONING TO C S M U C O N P ZONING.

THE STAFF'S RECOMMENDATION IS FOR L R M U N P NEIGHBORHOOD COMMERCIAL MIXED USE NEIGHBORHOOD COMBINING DISTRICT ZONING.

THE PROPERTY IN QUESTION IS A 0.75 ACRE AREA COMPOSED OF FOUR LOTS THAT FRONT ONTO GEORGIAN DRIVE.

THESE LOTS ARE CURRENTLY BEING UTILIZED FOR A CONSTRUCTION SALES AND SERVICES USE.

THE PROPERTY TO THE NORTH IS ZONED MF THREE MP AND IS DEVELOPED WITH THE MULTIFAMILY USE TO THE SOUTH.

THERE ARE AUTOMOTIVE USES AND A FOOD SALES CONVENIENCE STORE USE THAT IS ZONED L R AND P TO THE EAST ACROSS GEORGIA DRIVE.

THERE'S A SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD AND TO THE WEST THERE ARE OFFICE WAREHOUSE USES THAT ARE ZONED C SS, C O AND P.

THAT FRONT WEST POWELL LANE.

THE APPLICANT IS REQUESTING C S M U C O MP ZONING TO BRING THE EXISTING ILLEGAL USE ON THE PROPERTY INTO CONFORMANCE WITH USE REGULATIONS IN THE LAND DEVELOPMENT CODE IN THE FALL OF 2021.

THE CURRENT OWNER PURCHASED THESE LOTS FOR HIS FOUNDATION REPAIR BUSINESS, WHICH IS CLASSIFIED AS A CONSTRUCTION SALES AND SERVICES USED BY THE CITY OF AUSTIN LAND DEVELOPMENT CODE.

THE PREVIOUS LANDOWNER HAD AN AIR CONDITIONING REPAIR BUSINESS AT THIS LOCATION.

THE CONSTRUCTION SALES AND SERVICES USED IS FIRST PERMITTED IN THE CSS GENERAL COMMERCIAL DISTRICT.

THE STAFF RECOMMENDS L R M U M P, WHICH IS NEIGHBORHOOD COMMERCIAL MIXED USE NEIGHBORHOOD PLAN.

COMBINING DISTRICT ZONING AT THIS LOCATION, THE PROPERTY MEETS THE INTENT OF THE LR DISTRICT AS IT WILL PROVIDE LIMITED COMMERCIAL AND OFFICE USES TO SERVE THE RESIDENTS OF THE SURROUNDING RESIDENTIAL NEIGHBORHOOD.

THE ZONING STAFF SUPPORTS THE ADDITION OF THE MU COMBINING DISTRICT TO THE EXISTING ZONING AS THE PROPERTY IS ADJACENT TO RESIDENTIAL USES TO THE NORTH AND THE EAST.

THE L R M U MP ZONING WILL BE CONSISTENT WITH THE LONG RANGE PLANNING STAFF'S RECOMMENDATION FOR THE ASSOCIATED M P A CASE FROM NEIGHBORHOOD COMMERCIAL TO MIXED USE DESIGNATION.

THE ZONING STAFF UNDERSTANDS THAT THE APPLICANT IS REQUESTING A REZONING FROM L R M P TO C S M U C L M P TO BRING THE EXISTING ILLEGAL CONSTRUCTION SALES AND SERVICES USE INTO COMPLIANCE.

HOWEVER, THIS PROPERTY WAS DOWN ZONED FROM GR TO L R M P DURING THE NORTH LAMAR NEIGHBORHOOD PLAN PROCESS BECAUSE IT TAKES ACCESS TO GEORGIAN DRIVE, WHICH IS A LEVEL TWO COLLECTOR STREET, IT DOES NOT MEET THE INTENT OF THE CSS DISTRICT AT IS AS IT IS NOT LOCATED IN OR AT THE INTER INTERSECTION.

OH TWO MAJOR ROBOTS, SORRY.

UH, THE PROPERTY IS WITHIN THE RESIDENTIAL NEIGHBORHOOD ADJACENT TO MF THREE MP ZONING TO THE NORTH AND SSF THREE ZONING MP ZONING TO THE EAST AND LR MP ZONING ALONG THE WESTERN SIDE OF GEORGIAN TRAIL TO THE SOUTH C S M U OF C SS C O MP.

ZONING TO THE WEST TAKES ACCESS TO WEST POWELL LANE, WHICH IS A LEVEL THREE MINOR COLLECTOR ROADWAY.

SO IT'S IN A DIFFERENT CONFIGURATION AND SITUATION THAN THIS PROPERTY, WHICH IS ON GEORGIAN DRIVE.

THE STAFF'S RECOMMENDATION OF OF L R M U MP ZONING WILL RE PERMIT LOW INTENSITY OFFICE COMMERCIAL AND CIVIC USES THAT WILL PROVIDE SERVICES TO THE SURROUNDING RESIDENTIAL NEIGHBORHOOD.

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

THANK YOU CHAIR.

WE'LL NOW HEAR FROM THE APPLICANT.

[00:30:01]

GOOD EVENING COMMISSIONERS VICTORIA HASSI WITH THROWER DESIGN ON BEHALF OF THE LANDOWNER.

UH, THE SUBJECT TRACT IS OUTLINED IN BLUE.

IT'S 0.75 ACRES.

UM, IT IS, UH, ALONG A CAPITAL METRO BUS ROUTE AND IS LESS THAN 300 FEET FROM EXISTING BUS STOPS AND IS ABOUT A HALF MILE FROM LAMAR BOULEVARD, WHICH IS AN IMAGINE AUSTIN ACTIVITY CORRIDOR.

NEXT SLIDE.

AS YOU HEARD, WE ARE REQUESTING A FUTURE LAND USE AMENDMENT MAP CHANGE FROM UM, NEIGHBORHOOD COMMERCIAL TO MIXED USE.

NEXT SLIDE.

AND, UH, ASSOCIATED REZONING FROM UH, L R M U TO C S M U C O N P.

UM, WE DO, UH, DIFFER WITH STAFF.

WE'RE IN AGREEMENT FOR THE MIXED USE OVERLAY, UM, BEING ADDED TO THE PROPERTY.

BUT, UM, AS YOU HEARD, WE HAVE A LANDOWNER THAT GOT INTO A SITUATION, PURCHASED THE LAND, DIDN'T REALIZE THAT UM, CONSTRUCTION SALES, WELL DIDN'T REALIZE THAT HIS BUSINESS WAS A CONSIDERED A CONSTRUCTION SALES AND SERVICE USE AND THAT THAT USE IS NOT PERMITTED IN LR ZONING.

UM, IT IS, UH, SOMETHING THAT HAS BEEN INHERITED FROM THE PREVIOUS PROPERTY OWNER AND HE IS TRYING TO RECTIFY THE ISSUE.

UM, UNDERSTANDING THE CONCERN THAT THERE'S A LOT OF COMMERCIAL USES THAT WOULD NOT BE APPROPRIATE IN PROXIMITY TO SINGLE FAMILY AND MULTIFAMILY RESIDENCES.

HE HAS AGREED TO, UH, PROHIBIT SOME OF THOSE USES OUT.

UM, WE ALSO ASKED, UM, THE NEIGHBORHOOD CONTACT FOR ANY ADDITIONAL USES THAT THEY WOULD LIKE TO SEE PROHIBITED.

WE DIDN'T HEAR ANYTHING BACK FROM THEM.

UM, BUT WE, WE HAVE OFFERED, UH, THE CO TO PROHIBIT THOSE USES.

UM, I KNOW WITH STAFF ASKING FOR OR ASKING THAT THE SITE BE REMAIN LR NP ZONING, UM, THAT WOULD ALLOW ABOUT 20 UNITS PER ACRE DENSITY ON AVERAGING ONE AND TWO BEDROOM UNITS.

UM, IF THIS PROPERTY IS TO MOVE FORWARD IN THE FUTURE AND DEVELOP WITH RESIDENTIAL USES, C S M U WOULD ALLOW A DENSITY ON AVERAGE OF, UH, TWICE THE AMOUNT OF UNITS PER ACRE, WHICH WOULD BE 40 UNITS PER ACRE.

UH, THIS SITE IS A LITTLE LESS THAN AN ACRE, SO IT WOULDN'T ACHIEVE QUITE THAT.

BUT, UM, JUST SO YOU HAVE AN UNDERSTANDING.

NEXT SLIDE.

UM, WHEN OUR CLIENT PURCHASED THE PROPERTY, THE PROPERTY, UM, WAS IN PRETTY BAD SHAPE.

YOU CAN SEE THE AERIAL IMAGE THAT'S ON THE LEFT HAND SIDE OF THE SCREEN, UM, VERSUS THE AERIAL IMAGE ON THE RIGHT HAND SIDE OF THE SCREEN AFTER OUR CLIENT PURCHASED THE PROPERTY AND HAD IT, UM, FOR SEVERAL MONTHS AT THAT POINT, THEY'VE DONE A LOT TO CLEAN THE SITE UP, UM, AND BE GOOD NEIGHBORS.

UM, IT'S A USE THAT HAS BEEN EXIST IN EXISTENCE.

UH, A CONSTRUCTION SALES AND SERVICE USE HAS BEEN AT THIS LOCATION FOR SEVERAL YEARS.

UM, AND TO OUR KNOWLEDGE AND THE INFORMATION THAT WE HAVE SOUGHT, UM, IT'S BEEN A USE THAT HAS NOT BEEN A NUISANCE TO NEARBY RESIDENTS.

NEXT SLIDE.

THIS IS JUST A AREA, UH, STREET VIEW IMAGE OF THE SITE AND ENTRY INTO THE SITE.

UM, THE SCREENING THAT YOU SEE WAS THERE PRIOR TO OUR CLIENT OWNING THE PROPERTY AND IT'S REMAINED THERE.

UM, NEXT SLIDE.

THIS IS A STREET IMAGE LOOKING SOUTH ON GEORGIAN DRIVE.

UM, YOU CAN SEE THERE ARE, UH, BICYCLE LANES AND THERE'S PARKING AS WELL.

NEXT SLIDE.

UM, THIS IS JUST A DEFINITION OF WHAT CONSTRUCTION SALES AND SERVICE USE IS ACCORDING TO THE LAND DEVELOPMENT CODE.

UM, OUR CLIENT IS A SMALL LOCAL OWNED BUSINESS HERE IN AUSTIN.

AGAIN, HE WOULD LIKE TO PURCHASE THE PROPERTY WITH THE INTENT OF HAVING HIS BUSINESS AT THIS SITE.

HIS BUSINESS IS NOT ONE WHERE BUSINESSES CONSTRUCTED OR DONE ON THE SITE.

IT'S MERELY A SPACE FOR HIM TO, UM, KEEP HIS EQUIPMENT THAT HE USES FOR THE SERVICES HE PROVIDES AT, UM, VARIOUS LOCATIONS ALL OVER THE CITY.

NEXT SLIDE.

AND THEN THIS IS JUST A VISUAL SHOWING.

UH, THE USED PERMITTED USE CHART FROM THE LAND DEVELOPMENT CODE LR IS WHAT THE ZONING IS TODAY.

IT DOES NOT ALLOW CONSTRUCTION SALES AND SERVICE USE.

WE ARE ASKING FOR CSS, UM, THAT WOULD ALLOW CONSTRUCTION, SALES AND SERVICE, BUT WE WOULD PROHIBIT ALL, UM, ALL OF THE NUISANCE USES OF CSS.

AND WITH THAT I'M AVAILABLE IF YOU HAVE ANY QUESTIONS, CHAIR.

I HAVE NO OTHER ADDITIONAL SPEAKERS ON THIS ITEM.

OH, OKAY.

ALRIGHT.

UM, MR, DO YOU HAVE A MOTION TO, UM, CLOSE PUBLIC HEARING COMMISSIONER ZA SECOND BY COMMISSIONER MAXWELL.

UH, ANY OBJECTIONS TO CLOSING THE HEARING? OKAY, UH, LET'S GO AHEAD AND MOVE INTO OUR, UH, Q AND A.

UH, WE'RE DOING TO START WITH FIVE AT THREE IF WE NEED TO, WE CAN GO ON, UM, GO A FEW MORE, BUT LET'S, UH, WE GOT A LOT, LOT OF THINGS TO DO THIS EVENING.

HE WANTS TO START US OUT.

UM, I WILL NOT SEE ANY.

I HAVE A COUPLE OF QUESTIONS, UH, STAFF JUST ON.

[00:35:01]

I ASKED ABOUT THE CODE VIOLATIONS AND I DON'T KNOW IF WE HAVE ANYONE HERE, BUT I'M A LITTLE CONFUSED.

SEEMS LIKE SOME OF THE ITEMS, LIKE THEY HAD ASPHALTED OVER THE ENTIRE AREA.

THERE WAS A FEW THINGS THAT WERE DONE, BUT THEN THOSE CODE VIOLATIONS WERE CLOSED OUT.

THEY WERE, WERE THEY, I DON'T KNOW HOW, HOW DID THOSE GET ADDRESSED? DID THEY, UM, CHANGE CERTAIN THINGS ON THE LOT TO COME BACK INTO CONFORMANCE WITH THE LA OR CODES OR, I, I CANNOT TELL YOU.

ALL I CAN TELL YOU IS THAT THEY WERE CLOSED ACCORDING TO OUR AMANDA'S RECORD SYSTEM.

I DID LOOK INTO THEM TODAY.

OF COURSE, WE HAD TO LOOK AT SEVERAL DIFFERENT ADDRESSES FOR THIS PROPERTY.

SO SOME OF THE VIOLATIONS WERE AT 8 2 2 6, WHICH WASS FOR TRASH AND FOR UH, SHOPPING CARTS IN THE RIGHT OF WAY.

UH, THAT WAS CLOSED OUT.

THAT WAS IN 2021.

THERE WERE SOME MORE RECENT ONES THAT WERE CLOSED OUT IN MARCH OF THIS YEAR, UM, THAT INVOLVED THE USE ON THE PROPERTY AND, AND UH, THINGS LIKE YOU WERE SPEAKING OF.

BUT IT WAS CLOSED OUT AGAIN BY CODE ENFORCEMENT IN MARCH ON MARCH 9TH, 2023.

SO THAT IS THE LATEST ONE THAT I CAN FIND ACCORDING TO AN EMAIL FROM THE NEIGHBORHOOD.

UH, THEY SAID THAT THERE WERE STILL CURRENT ONES, BUT THAT IS WHAT I FOUND IN THE SYSTEM WHEN I LOOKED IT UP AGAIN BEFORE THIS MEETING TONIGHT.

OKAY.

SO, AND UH, I JUST HEARD, I THOUGHT I HEARD TWO DIFFERENT, IS THERE A NEIGHBORHOOD CONTACT TEAM FOR THIS? THERE WAS.

IT WAS DISBANDED.

SO THERE IS NO LONGER A NEIGHBORHOOD CONTACT TEAM.

THERE IS A NEIGHBORHOOD ASSOCIATION.

OKAY.

IN THIS AREA.

AND SO THEY HAVE BEEN IN CONTACT? YES.

ALRIGHT.

AND THEN OUR CONSULTING WITH US.

YES.

OKAY.

AND THEN WHAT UH, SO HOW OFTEN DO WE HAVE A NON-CONFORMING USE? AND THIS HAPPENED A LOT WHERE WE CHANGED THE ZONING TO ACCOMMODATE SOMEONE THAT PURCHASED PROPERTY AND WAS NOT AWARE OF THAT, UH, NON-CONFORMING USE AND CONTINUED THAT USE.

I MEAN, DO WE DO THAT VERY OFTEN? THEY COME UP EVERY ONCE IN A WHILE.

UM, I WAS THE, THE LAND USE PLANNER ON THE NORTH LAMAR NEIGHBORHOOD PLAN .

SO I WAS AWARE THAT WE DOWN ZONE IT ON PURPOSE BECAUSE OF THE SITUATION OF THE PROPERTY.

AND IT WAS IN THE USE AT THE TIME.

IT WAS A CONSTRUCTION SALES AND SERVICES USE AT THAT TIME IN 2010.

SO WHEN WE MET RECOMMENDED THE ZONING CHANGE, IT WAS CURRENTLY ZONED GR AT THE TIME, WHICH ALSO DID NOT ALLOW A CONSTRUCTION SALES AND SERVICES USE THE FIRST CATEGORY THAT ALLOWS IT TO CS.

UM, BUT WE DOWN ZONE IT TO LR NEIGHBORHOOD COMMERCIAL BECAUSE IT WAS MORE CONSISTENT WITH THE SURROUNDING USES AS FAR AS SPEAKING TO, YOU KNOW, COMING INTO CONFORMANCE, EVERY CASE IS INDIVIDUAL.

WE DO HAVE THESE POP UP BUT UM, OBVIOUSLY THIS WAS A USE THAT WAS ALREADY THERE AND WAS ILLEGAL.

OKAY.

THANK YOU.

THAT'S ALL THE QUESTIONS I HAVE.

UH, OKAY.

UH, COMMISSIONER ZA AND THEN COMMISSIONER RA RAMIREZ AND COMMISSIONER COX WHOSE HAND WENT UP FIRST, BUT THAT'S ORDER.

WE'LL WE'LL GO IN FOR NOW.

THANK YOU CHAIR.

SO JUST TO UNDERSTAND, CURRENTLY IT SOUNDS LIKE, AND I I HAVE A QUESTION FOR THE APPLICANT IN A SECOND AS WELL.

THEY'RE TRYING TO MAKE THEIR USE CONFORMING.

SO WHAT THEIR, THEIR REQUEST IS CS AND I KNOW STAFF IS REQUESTING THAT WE STAY AT THE LR, WHICH WOULD MEAN THAT IT WOULD STILL REMAIN NONCOMPLIANT.

THAT'S RIGHT.

WHAT USUALLY HAPPENS AFTER THAT? SO THEY HAVE BEEN ISSUED A COMPLIANT, A NON-COMPLIANCE NOTICE WHAT HAPPENS AFTER THAT? SO IF THERE'S A CODE VIOLATION THAT IS OPEN BECAUSE OF THE USE BEING AN ILLEGAL USE ON THE PROPERTY, THEN CODE ENFORCEMENT WILL CONTINUE THAT PROCESS AND GO THROUGH THE COURT PROCESS.

UM, SO 'CAUSE IT WOULD BE AN ACTIVE RED TAG, LIKE I SAID, RIGHT NOW I CANNOT FIND AN ACTIVE RED TAG ON THIS PROPERTY, UM, ACCORDING TO OUR RECORD SYSTEM.

BUT YES, THAT WOULD BE THE PROCESS.

USUALLY WHEN THERE IS AN ACTIVE CODE VIOLATION, AS LONG AS THE PROPERTY OWNER IS GOING THROUGH THE PROCESS TO TRY TO REMEDY IT, IT IS BASICALLY ISOLATED, FROZEN AT THE TIME UNTIL THAT IS REMEDIED.

IT EITHER IS THEY GET THE ZONING FOR THE, YOU KNOW, THE USE AND IT BRINGS IT INTO CONFORMANCE OR THEY DO NOT AND HAVE TO DISCONTINUE THESE.

GOT IT.

AND, AND IS THERE SOME KIND OF FINE ASSOCIATED WITH A NON OR HAVING ? THERE ARE FINES THAT ARE ASSOCIATED AND THEN THEY USUALLY TAKE THEM TO COURT.

SO THAT'S HOW IT WORKS.

AND GENERALLY SPEAKING, HAVING A NONCOMPLIANT USE ON YOUR SITE IS WHAT WOULD CONS BE CONSIDERED? A, A CODE VIOLATION AND YOU WOULD GET A RED TAG FOR IT, GENERALLY SPEAKING.

SO THERE'S A DIFFERENCE BETWEEN NON COMPLYING AND NON-CONFORMING.

OKAY.

CONFORMING MEANS THE USE DOES NOT MEET THE REQUIREMENTS IN THE LAND DEVELOPMENT CODE FOR THAT DISTRICT.

COMPLYING IS THE STRUCTURE DOES NOT MEET THE SETBACKS OR THE HEIGHT REQUIREMENTS.

SO IN THIS CASE WE HAVE A NON-CONFORMING USE BECAUSE IT'S NOT PERMITTED IN THE ZONING DISTRICT THAT IT IS ZONED.

SO I GUESS THEN I SHOULD CLARIFY WHAT, WHAT HAPPENS WITH A NON-CONFORMING USE IN A SITUATION LIKE THIS? WHAT WOULD GENERALLY HAPPEN IF, IF WE DID NOT ZONE THEM CS AND THEY REMAINED A NON-CONFORMING USE? WHAT HAPPENS THEN IF CODE, IF SOMEONE APPLIES AGAIN THROUGH CODE ENFORCEMENT FOR A VIOLATION,

[00:40:01]

THEN THE INSPECTORS WOULD GO OUT AND REVIEW IT AND SEE THAT IT DOES NOT HAVE THE APPROPRIATE ZONING AND THEN PURSUE LEGAL MANNERS TO CLOSE THE BUSINESS DOWN.

I APPRECIATE THAT.

UM, SO I HAVE A WHILE I HAVE SOME TIME I LOOK FOR THE APPLICANT APPLICANT.

CAN YOU HELP ME UNDERSTAND WHEN THE, WHEN THE SITE WAS PURCHASED, WHAT WAS THE UNDERSTANDING OF THE NEW OWNER WHEN THEY PURCHASED IT? UM, WHEN THE SITE WAS PURCHASED, MY UNDERSTANDING IS THE, THE NEW OUR, OUR CLIENT, THE NEW LANDOWNER WAS NOT AWARE THAT HIS BUSINESS WOULD BE A CONSTRUCTION SALES AND SERVICE USE THAT WOULD THEN REQUIRE, YOU KNOW, HE TOOK THE OWNERSHIP FROM SOMEONE WHO HAD AN AIR CONDITIONING REPAIR USE THAT WAS THERE AND HE REALIZED, WELL MY, MY BUSINESS IS VERY SIMILAR, I SHOULD BE FINE.

UM, HE'S NOT IN THE WORLD OF DEVELOPMENT, HE DOES FOUNDATION REPAIR.

UM, SO THAT WAS KIND OF HOW THE SITUATION ENDED UP HAPPENING.

UM, I WILL SAY THERE IS A SITE PLAN ON THIS PROPERTY THAT WAS APPROVED.

IT MEETS ALL THE REQUIREMENTS OF CITY CODE AND THAT IS WHAT ENDED UP CLOSING OUT THE INITIAL, MY UNDERSTANDING IS THAT CLOSED, THANK YOU.

THAT CLOSED OUT THE INITIAL CODE VIOLATION THAT WAS EXISTING ON THE PROPERTY.

UM, SO ONCE THEY GOT THAT SITE PLAN FILED, IT WAS FILED FOR AN OFFICE USE AND UM, OBVIOUSLY AN OFFICE USE IS NOT WHAT IS HERE.

AND SO ANOTHER CODE VIOLATION WAS OPENED UP AND OUR CLIENT IS NOW TRYING TO RECTIFY THAT.

UM, WE HAD TO FILE FOR A SITE PLAN EXTENSION, WHICH WE DID GET AN ADMINISTRATIVE SITE PLAN EXTENSION THAT WAS GOOD FOR A YEAR, BUT BY THE TIME TIME IT GOT APPROVED, WE WERE READY THEN HAVING TO TURN BACK AROUND AND FILE FOR ANOTHER SITE PLAN EXTENSION.

'CAUSE A YEAR HAD GONE BY JUST TRYING TO GET THE APPROVAL OF THE FIRST EXTENSION.

SO WE ARE IN THE PROCESS OF A SECOND EXTENSION THAT WILL ACTUALLY COME BEFORE Y'ALL IN THE NEXT FOUR TO SIX WEEKS BECAUSE THE SECOND EXTENSION REQUIRES APPROVAL BY THE COMMISSION.

UM, OUR HOPE IS THAT IF WE CAN GAIN THE ZONING NECESSARY, AGAIN, WE WILL PARSE OUT WHATEVER CS USES.

SO TECHNICALLY IT'S GONNA FUNCTION LIKE AN LR PROPERTY OR SOMETHING LESS THAN CSS WITH EXCEPTION OF THIS ONE USE.

UM, AND IF WE CAN GET THE ZONING, WE CAN THEN CHANGE THE SITE PLAN.

EVERYTHING WILL BE CORRECTED AND WE'LL BE GOOD.

THANK YOU.

UH, LET'S GO AHEAD AND MOVE ON TO COMMISSIONER UH, RA RAMIREZ.

OH, I'M SORRY.

NO, UM, YEAH, WE CAN'T HEAR YOU.

ALRIGHT.

OKAY.

WAIT, SPEAK UP, SAY SOMETHING.

NO.

OH YEAH.

ALL RIGHT.

UH, WELL IF YOU CAN FORWARD YOUR QUESTIONS TO ONE OF THE COMMISSIONERS HERE, UM, OR, OR FIGURE OUT THE AUDIO.

'CAUSE I THINK COMMISSIONER COX HAS STAND UP, SO OH YES.

COMMISSIONER COX IS THAT TRY? OKAY.

CAN YOU HEAR ME NOW? YES, WE CAN.

OH, GOOD.

ALL RIGHT, GO AHEAD.

AND OF COURSE, I, I KIND OF BLANKED ON MY QUESTION, BUT I I'M GRATEFUL THAT FOR COMMISSIONER AZAR TO, UM, GET ME STARTED.

AND I GUESS MY QUESTION WAS MORE, IT SEEMS AS THOUGH, YOU KNOW, IT'S VERY LOGICAL WHAT THE STAFF HAS DONE, RIGHT? SO YOU HAVE COMMERCIAL SERVICES AND THEN THERE'S THIS NICE BUFFER BETWEEN THE RESIDENTIAL USES.

AND SO THAT'S WHERE I'M STRUGGLING IS THAT THIS IS, YOU KNOW, IT'S TEXTBOOK, YOU HAVE YOUR NEIGHBORHOOD COMMERCIAL BETWEEN THE TWO AND I WOULD BE, YOU KNOW, REMISS IF I WEREN'T MENTIONING THAT THIS IS E T O D AR, IT SAYS E T O D AREA NEXT TO NORTH LAMAR TRANSIT CENTER.

AND THE INTENTION WILL BE TO, YOU KNOW, EVENTUALLY HAVE MUCH MORE HOUSING IN THE AREA TO ACCOMMODATE AND TO ENCOURAGE PEOPLE TO USE THAT TRANSIT.

UM, SO I DON'T KNOW THAT I NECESSARILY HAVE A QUESTION.

I'M JUST KIND OF TALKING THROUGH SOME OF MY THOUGHTS AND AND ACKNOWLEDGING THAT IT, IT MAKES SENSE TECHNICALLY, BUT I DO SYMPATHIZE WITH THE LANDOWNER AND, AND NOT UNDERSTANDING, YOU KNOW, THE, THE TECHNICAL ASPECTS OF ZONING.

'CAUSE IT CAN BE SUPER COMPLICATED.

AND, YOU KNOW, THE ONLY THING I CAN THINK OF IS TO, YOU KNOW, THE CHART THAT, UM, THAT WAS SHOWN EARLIER THAT HAS THE DIFFERENT USES AND ALL THE DIFFERENT PERMITTED ONES AND CSS VERSUS LR AND WE WOULD, YOU KNOW, MAKE ESSENTIALLY MAKE THEM LOOK THE SAME FOR THIS USE AND CARVE OUT JUST CONSTRUCTION SERVICES TO MAKE IT FIT.

AND, AND IT JUST SEEMS SO SILLY TO DO THAT.

UM, SO I, I'M REALLY ON THE FENCE.

I KIND OF, MY FAVORITE IS TO GO WITH STAFF RECOMMENDATION, BUT THAT'S WHERE I AM RIGHT NOW.

THANK YOU.

OKAY.

ANY OTHER QUESTIONS, COMMISSIONER? OKAY, WE'LL GO AHEAD AND MOVE ON TO COMMISSIONER CO.

YES, COMMISSIONER COX.

IT'S OKAY.

YEAH.

UM, I GUESS FIRST QUESTION IS FOR STAFF.

UM, THE TABLE THAT THE APPLICANT HAD IN THEIR PRESENTATION SHOWING WHAT WAS PERMITTED AND WHAT WASN'T WAS REALLY USEFUL.

I'M ASSUMING THAT WE ARE NOT ALLOWED TO,

[00:45:01]

UH, RECOMMEND OR, OR APPROVE STAFF'S RECOMMENDATION BUT THEN POSSIBLY ADD THE COMMERCIAL OR THE CONSTRUCTION SERVICES AS A CONDITIONAL USE IT, WE'RE NOT ALLOWED TO DO THAT.

CORRECT? THAT'S CORRECT.

YOU A CONDITIONAL OVERLAY CAN ONLY RESTRICT WHAT IS PERMITTED IN THE ZONING DISTRICT, NOT ADD TO IT.

SO YOU COULDN'T SAY LR AND ADD A USE.

IT WOULD HAVE TO BE, YOU'D HAVE TO HAVE THE HIGHER DISTRICT AND THEN RESTRICT DOWN THESE IS THAT YOU DO NOT WANT.

YEAH.

OKAY.

UH, THAT'S UNFORTUNATE.

SO I GUESS, UH, MY REMAINING QUESTIONS IS FOR THE APPLICANT.

UM, THE NORTH LAMAR, GEORGIA ACRES NEIGHBORHOOD TEAM SENT A REALLY, UH, REALLY DETAILED USEFUL EMAIL, WHICH I'M SURE YOU PROBABLY HAVE SEEN.

AND THEY LISTED OUT A NUMBER OF THINGS THAT THEY HAVE AN ISSUE WITH, UH, WITH, WITH THE SITE.

UH, THINGS LIKE RAZOR WIRE ON THE FENCE AND, AND TRUCKS PARKING IN THE BIKE LANES AND TRASH AND STORM WATER AND ALL THIS SORT OF STUFF, WHICH I WAS INITIALLY GONNA ASK YOU WHAT THE STATUS OF THOSE ITEMS WERE AND IF WE COULD FIND A WAY TO RESOLVE THOSE TO MAKE IT MORE PALATABLE TO THE SURROUNDING NEIGHBORHOOD.

BUT AS I WAS READING THROUGH THOSE ITEMS, I REALIZED THAT'S WHY WE TYPICALLY DON'T ALLOW CONSTRUCTION SERVICES NEXT TO RESIDENCES BECAUSE THESE ARE ALL ITEMS THAT YOU WOULD EXPECT TO HAPPEN WITH ESSENTIALLY A CONSTRUCTION BUSINESS SITE, UH, STORAGE YARD OR WHATEVER.

AND SO I'M, I'M JUST CURIOUS, I GUESS I JUST WANT YOUR FEEDBACK.

I I NEED YOU TO CONVINCE ME THAT THAT JUST BECAUSE THIS PERSON PUT HIS BUSINESS ON THIS SITE AND DIDN'T REALIZE HE WASN'T ALLOWED TO, WHY SHOULD WE BE ZONING IN A CATEGORY WHICH, WHICH DOESN'T SEEM TO BE APPROPRIATE NEXT TO THESE RESIDENTIAL PROPERTIES? UM, THANK YOU, UH, COMMISSIONER.

SO OUR LAND, THIS LANDOWNER IS A VERY DIFFERENT LANDOWNER FROM THE PREVIOUS, UM, AS I SHOWED YOU THE AERIALS, HE'S ACTUALLY DONE A LOT TO CLEAN THIS PROPERTY UP, UH, FROM WHAT IT ONCE WAS UNDER THE PREVIOUS LANDOWNER.

UM, YOU'RE GONNA HAVE TRASH, YOU'RE GONNA HAVE DEBRIS ON ANY STREET IN ANY PUBLIC RIGHT OF WAY.

ALL OF THE TRASH AND DEBRIS EXISTED IN THIS AREA FOR YEARS BEFORE THIS LANDOWNER CAME.

SO I, I THINK IT WOULD BE A MISTAKE TO ASSUME THAT THIS PARTICULAR BUSINESS OWNER WHO'S GONE ABOVE AND BEYOND TO KEEP THIS PROPERTY LOOKING MUCH BETTER THAN IT DID BEFORE.

UM, I DON'T THINK IT'S ALL COMING FROM HIM OR HIS BUSINESS.

IT'S A CONSTRUCTION SALES AND SERVICE USE, BUT HIS BUSINESS IS A FOUNDATION REPAIR.

SO HE'S, IT, THIS IS NOT, UM, UM, WELL, AND, AND, AND, AND APOLOGIES FOR INTERRUPTING 'CAUSE I KNOW MY TIME'S LIMITED, BUT I MEAN, LET'S JUST TAKE THE FIRST, FIRST ITEM IN THE EMAIL IS REMOVE THE RAZOR WIRE FROM THE FENCE.

I MEAN, I'M SURE YOU DON'T WANT YOUR NEIGHBOR HAVING RAZOR WIRE ON THEIR FENCE.

AND I'M LOOKING AT THE STREET VIEW, WHICH SAYS TO BE FROM JANUARY OF 2023 AND THERE'S RAZOR WIRE ON THE FENCE, THERE IS RAZOR WIRE.

CORRECT.

AND THAT PART OF THAT IS A LIABILITY ISSUE OF TRYING TO KEEP, NOT ONLY TRYING TO KEEP EQUIPMENT SAFE, BUT ALSO TRYING TO KEEP PEOPLE OUT OF THAT AREA WHERE THERE IS EQUIPMENT.

UM, I'M NOT SAYING THAT THE LANDOWNER WOULDN'T BE WILLING TO LOOK AT THAT, THAT WAS SOMETHING THAT WAS ON THE PROPERTY THAT HE INHERITED.

IT HAS BECOME A SAFETY MEASURE FOR HIM AND HIS BUSINESS.

BUT, UM, WE DID, UM, TALK WITH HAKA WHO OWNS THE RESIDENTIAL DEVELOPMENT TO THE NORTH AND THEY EXPRESSED A CONCERN ABOUT THAT, BUT THEY ALSO MENTIONED THAT THEY HAVEN'T RUN UP AGAINST ANY ISSUES WITH THAT EITHER.

SO.

WELL LET ME, LET ME ASK YOU ONE LAST THING IF I STILL HAVE TIME.

UM, COMMISSIONER, IF IF WE COMMISSIONER YEAH.

THE BUZZER RANG AND THAT WAS A GOOD TIME TO BREAK.

SO, UM, LET'S, LET'S GO AND MOVE ON.

DO WE HAVE, DO, DO WE HAVE ANY COMMISSIONERS WITH QUESTIONS? UM, I, I, I WILL UH, USE SOME OF MY QUESTION TIME TO ALLOW COMMISSIONER COX TO FINISH ASKING HIS LAST QUESTION.

OKAY, THANK YOU COMMISSIONER CONLEY.

THANKS.

I'LL, I I APPRECIATE THAT.

I'LL TRY TO BE AS QUICK.

UH, IF WE WERE TO APPROVE THE APPLICANT'S REQUEST, AND THIS IS TO THE QUESTIONS OF THE APPLICANT, BUT MADE THE COMMERCIAL SERVICES A CONDITIONAL USE SO THAT WE COULD KIND OF DIVE INTO A HIGHER LEVEL OF DETAIL TO TRY TO MAKE THAT USE A BIT MORE, UM, A BIT FRIENDLIER TO THE ADJACENT RESIDENCES.

WOULD DO YOU KNOW IF YOUR APPLICANT WOULD ACTUALLY GO THROUGH THAT PROCESS OF, OF APPLYING FOR A CONDITIONAL USE PERMIT? WELL, I THINK HE WOULD BE UNDER, UM, I DON'T THINK HE WOULD HAVE MUCH OF AN OPTION AT THAT POINT.

IT'S

[00:50:01]

EITHER CONTIN, YOU KNOW, CEASE HAVING HIS BUSINESS THERE OR GO THROUGH THAT PROCESS.

I MEAN.

OKAY.

THANK YOU.

THANK YOU COMMISSIONER COLLEEN.

ALRIGHT, YOU WANNA CONTINUE QUESTIONS? UM, YEAH, IF I HAVE ANY UH, MORE TIME I WOULD LIKE TO DIRECT A QUESTION TO STAFF, UM, JUST KIND OF FOLLOWING IN THE VEIN OF COMMISSIONER COX'S, UM, QUESTIONS AND THINKING ABOUT HOW CAN WE, UM, ALLOW THEM TO HAVE A, A USE THAT IS CONFORMING, UM, AND SOLVE THAT PROBLEM FOR THEM WHILE ALSO THINKING TOWARDS THE FUTURE OF THIS NEIGHBORHOOD.

UM, AND SO THINKING ABOUT THE CONDITIONAL USE PERMIT TOOL AND WHAT OTHER TOOLS WE MIGHT HAVE, UM, IN DOING SO, ARE THERE OTHER OPTIONS BEYOND JUST THE LR AS FAR AS, I MEAN YOU WOULD NEED AT LEAST CSS ZONING TO MAKE THE USE CONFORMING.

NOW YOU COULD OF COURSE RECOMMEND CSS WITH CONDITION ON IT THAT THE CONSTRUCTION SALES AND SERVICES USE VIA CONDITIONAL USE SO THAT THE SITE PLAN COMES BEFORE YOU FOR APPROVAL LIKE WE WERE DISCUSSING.

UM, BUT YOU WOULD NOT BE ABLE TO DO THAT UNDER THE LR RECOMMENDATION FROM STAFF BECAUSE THAT USE IS NOT PERMITTED AND COULD NOT BE CONDITIONAL UNDER LR.

UNDERSTOOD.

AND THERE WOULDN'T BE ANY OTHER TOOL OTHER THAN USING THE CUP SPECIFICALLY? NO.

OKAY.

THANK YOU.

AND THAT WAS MY ONLY QUESTION.

UM, OKAY.

UM, WE ARE AT FIVE, UH, SO THAT IS ALL THAT, BUT WE CAN CONTINUE IF WE, IT'S IMPORTANT FOR US TO MAKE A DECISION.

UH, DO WE HAVE MOTION, UH, COMMISSIONER COX? UH, I'LL, I'LL FOLLOW IN THE VEIN THAT I WAS KIND OF GOING IN WHERE I'LL MAKE A MOTION TO APPROVE STAFF RECOMMENDATION ON THE, SORRY I DO NOT HAVE IT IN FRONT OF ME.

THE NEIGHBORHOOD PLAN AMENDMENT, UM, AND APPROVE APPLICANT ZONING REQUEST WITH A CO PROHIBITING AUTOMOTIVE RENTAL, AUTOMOTIVE REPAIR SERVICES, AUTOMOTIVE SALES, AUTOMOTIVE WASHING OF ANY TYPE BAIL BOND SERVICES, SERVICE STATION, VEHICLE STORAGE, CUSTOM MANUFACTURING, LIMITED WAREHOUSING AND DISTRIBUTION.

AND ANOTHER CO UH, HAVING CONSTRUCTION SALES AND SERVICE BE A CONDITIONAL USE.

OKAY.

COULD YOU REPEAT THE, BE BEGIN THE START OF THAT? OH, LET'S HAVE STAFF COME UP AND HELP US .

SO BASICALLY COMMISSIONER COX, WHAT YOU WOULD LIKE TO DO IS, UH, APPROVE THE APPLICANT'S REQUEST AND ADD TO THE PROPOSED CO THAT CONSTRUCTION SALES AND SERVICES BE A CONDITIONAL USE.

SO, UM, CAN I FOLLOW UP WHAT THAT MEANS AS FAR AS NEXT STEPS FOR THE APPLICANT? SO IF THIS WAS APPROVED BY CITY COUNCIL, IF THE COMMISSION'S RECOMMENDATION WAS APPROVED BY THE CITY COUNCIL FOR C S M U C O WITH THOSE CONDITIONS ON IT, IT THEN THE APPLICANT WOULD HAVE TO GO THROUGH THE CONDITIONAL USE PRI UH, SITE PLAN PROCESS AND THAT WOULD COME BACK BEFORE YOU ALL FOR APPROVAL.

OKAY.

CAN I ASK, UH, GO AHEAD COMMISSIONER ZARO, WE'RE JUST TRYING TO GET WRAP AHEAD AROUND THIS.

OKAY.

JUST ANOTHER CLARIFYING QUESTION.

I SAW THAT I THINK, UH, THE VICE CHAIR WAS SECONDING THE MOTION, BUT, UM, CAN YOU HELP ME UNDERSTAND, SO IF, LET'S SAY CONDITIONAL USE IS, YOU KNOW, THEY'RE THEY'RE PERMITTED TO GO AHEAD WITH IT.

IS ANY CHANGE IN SITE PLAN IN THE FUTURE, DOES THAT MEAN YOU HAVE TO COME BACK FOR A CHANGE? I'M ESSENTIALLY TRYING TO UNDERSTAND DOES THE CUP LIVE WITH IT FOR LIFE? CAN SOMEONE ELSE COME AND PURCHASE IT AND MAKE ALTERATIONS AND EXPAND THE USE AND LIVE WITH THE SAME CUP OR NO? YES.

WHEN, IF A, IF THE USE WAS, WAS TRANSFERRED TO A NEW, IT RUNS WITH THE PROPERTY, BUT IF THE USE WAS, YOU KNOW, PURCHASED BY SOMEONE EL IF THE PROPERTY WAS PURCHASED SOME BY SOMEONE ELSE AND THEY WANTED TO DO A CONSTRUCTION SALES AND SERVICES BUSINESS, THEN YES, IF THERE WERE CHANGES THAT WERE MADE, THE SITE PLAN WOULD HAVE TO COME BACK BEFORE YOU AGAIN.

GOT IT.

SO WE WOULD HAVE A FUTURE ABILITY TO VOTE SOMETHING LIKE THAT? YES.

OKAY.

NOW, UNLESS IT'S, IT'S MINOR CHANGES THAT CAN BE DONE AND APPROVED, UM, WITHOUT GOING THROUGH THE SITE PLAN PROCESS.

SO I DON'T KNOW HOW TO ADDRESS THAT.

THERE'S, THERE'S A WORD FOR IT, BUT YES.

MINOR REPAIRS THAT SOMEBODY MIGHT BE MAKING ON THE PROPERTY.

THANK YOU.

THANK YOU CHIEF.

OKAY, SO I WANNA BE, UH, SO, UM, COMMISSIONER CO WELL DO YOU HAVE A IF VICE CHAIR YOU SECONDED THIS VICE? OKAY, SO LET'S, UM, I THINK COULD YOU REPEAT THE, UH, JUST THE BEGINNING OF THAT ONE MORE TIME? 'CAUSE I HEARD A FEW DIFFERENT THINGS.

JUST SO, UM,

[00:55:01]

SO WE ARE APPROVING STAFF RECOMMENDATION ON, GOSH DARN IT.

WHY CAN'T I FIND THE EMAIL, UH, STAFF RECOMMENDATION ON THE, UH, N P A ITEM FOUR, RIGHT? AND THEN APPROVING THE APPLICANT'S ZONING REQUEST FOR ITEM FIVE, BUT ADDING TO THE CO THAT, UH, CONSTRUCTION SALES AND SERVICES BE A CONDITIONAL USE.

OKAY.

UM, SO IN TRYING, UM, ARE WE CLEAR ON THE MOTION? OKAY.

AND IT HAS A SECOND.

UH, SO I PROPOSE GO AHEAD, COMMISSIONER HANKS.

UM, I'VE GOT ONE REQUEST FOR COMMISSIONER COX TO CONSIDER.

UM, AND REMEMBER I'M THE NEW GUY SO I GET A MAKE WACKY.

SO LET'S, UH, IF IT'S IN LINE, IF IT'S AN IT'S, IT COULD BE AN AMENDMENT TWO.

AN AMENDMENT TWO.

YEAH.

IF IT'S UH, LET'S CALL IT FRIENDLY OR IN LINE WITH HIS, I, I'VE ALREADY BEEN TOLD YOU CAN'T DO FRIENDLY, WE'RE NOT CALLING THEM FRIENDLY.

GO AHEAD AMENDMENT.

UH, SO COMMISSIONER COX, WOULD YOU CONSIDER ADDING ONE ADDITIONAL, I GUESS IT'D BE A CO UH, I DON'T KNOW WHAT THE STATUS IS, BUT ABOUT A MONTH AGO WE PASSED THE SAFE FENCING THINGS, PUT THE CO ON THERE THERE THAT SAYS THE SAFE FENCING, UH, APPLIES SO THAT THEY GOTTA TAKE THE RAZOR WIRE, THEY CAN FIGURE OUT THEIR OWN.

I I'M, I, I'M SYMPATHETIC TO THE, TO THE APPLICANT.

I WANT YOUR STUFF TO BE SAFE, BUT THE NEIGHBORHOOD WANTS THE, THE RAZOR WIRE OFF THE FENCE AND YOU SHOULD TAKE THE RAZOR WIRE OFF THE FENCE AND FIGURE OUT ANOTHER WAY TO KEEP YOUR STUFF STAY.

OKAY.

SO YOU COULD MAKE A MOTION.

OKAY.

LET, LET ME, LET ME SPEAK TO MY ITEM REAL QUICK AND THEN YEAH, SURE.

AND THEN WE CAN CONSIDER, UH, YEAH, WE CAN REAL QUICK, COMMISSIONER COX, HOLD ON.

STEP'S HERE TO KIND OF HELP US WITH THIS PROPOSED AMENDMENT AND THEN WE'LL GO, WE'LL LET YOU SPEAK YOUR MOTION.

OKAY.

THE CONDITIONAL OVERLAY IN THE CODE IS VERY SPECIFIC ABOUT WHAT YOU CAN DO.

OKAY.

UM, UNDER THAT PROCESS IS THAT YOU CAN RESTRICT USES, YOU CAN RESTRICT SITE DEVELOPMENT STANDARDS, UM, AND THERE ARE SOME TRANSPORTATION THINGS THAT YOU CAN DO THROUGH IT.

UM, AS FAR AS ACCESS NOW, ADDING OTHER PORTIONS OF THE CODE, NEW ORDINANCES, THIS COULD BE SOMETHING THAT COULD BE ADDRESSED.

THE CONDITIONAL USE PROCESS WHEN THAT COMES BACK BEFORE YOU, IF YOU HAVE A CONCERN ABOUT THE FENCING.

PERFECT.

SO THAT WOULD BE SOMETHING THAT AS THAT CONDITIONAL USE, UH, SITE PLAN COMES BACK BEFORE YOU, THAT IS SOMETHING THAT CAN BE AN ISSUE THAT YOU COULD ADDRESS AT THAT TIME.

IF THAT'S, THANK YOU.

THAT'S IT.

SO I'M, I'M GOOD, THANKS.

YEP.

SO I THINK THAT, OKAY, COMMISSIONER COX, YOU WANNA SPEAK TO YOUR MOTION? I GOT NOTHING TO SAY NOW.

SHERRY STOLE MY THUNDER.

UH, , THAT'S EXACTLY WHAT I WAS GONNA SAY.

THE WHOLE, THE WHOLE POINT OF MAKING IT A CONDITIONAL USE IS THAT, UH, THAT THE, THE NEIGHBORHOOD GROUP THAT EMAILED US BROUGHT UP VERY GOOD POINTS, NONE OF WHICH WE CAN SOLVE IN A ZONING CASE, BUT WE CAN ADDRESS THOSE ITEMS IN A CONDITIONAL USE PERMIT.

SO, UM, I, I DON'T THINK HAVING AN ILLEGAL USE IS JUSTIFICATION AT ALL FOR APPROVING A ZONING.

UM, BUT IF, IF, IF WE'RE INTERESTED IN, IN KIND OF THE FUTURE OF THIS SITE AND THINK THAT THE ZONING DESIGNATION'S APPROPRIATE AND IN THE, IN THE IMMEDIATE TERM, LET THIS GUY TRY TO OPERATE HIS BUSINESS LEGALLY, WE CAN AT LEAST GIVE HIM AN AVENUE, FACILITATE AN AVENUE FOR THAT TO HAPPEN.

AND THAT IS FOR ME, THE CONDITIONAL USE PERMIT PROCESS.

SO THAT'S, THAT'S WHY I OFFERED THIS UP.

MR. AZAR, YOU WANNA PROPOSE? I, I JUST FOR MY FELLOW COMMISSIONER A CONVERSATION WE HAD HAD, IF Y'ALL ARE WILLING AND WITH US, CAN WE DO UP AND DOWN VOTES ON ITEMS TODAY? UNLESS SOMEBODY WANTS TO SPECIFICALLY SPEAK FOR OR AGAINST A MOTION JUST SO THAT WE CAN MOVE THROUGH SOME OF OUR ITEMS QUICKLY.

'CAUSE WE HAVE A LOT ON OUR AGENDA TONIGHT.

YES.

UM, THANK YOU.

UH, SO COMMISSIONERS, CAN WE GO AHEAD AND TAKE A VOTE ON THIS IS THE, UH, MUCH BY COMMISSIONER COX, ENDED BY COMM BUTCHER.

HEMPEL, ARE WE CLEAR ON THE MOTION? OKAY, LET'S GO AHEAD AND VOTE ON THE DAAS, THOSE IN FAVOR.

OKAY.

UH, AND THOSE, LET'S GO.

AND THOSE IN FAVOR ON THE SCREEN.

ALL RIGHT.

AND THEN 4, 5, 6, 7, 8.

ALL RIGHT.

AND THOSE, UH, ON THE DIOCESE AGAINST IN OPPOSITION.

OKAY.

AND THOSE, UH, VIRTUALLY, I THINK YOU ALL WERE ALL IN FAVOR.

OKAY.

SO THAT PASSES, UH, BY MY COUNT.

IS THAT EIGHT TO TWO? YES.

OKAY.

EIGHT TO TWO.

8 2 0 8.

TWO ZERO.

THANK YOU.

WITH, UH, COMMISSIONERS, UH, MAXWELL AND COMMISSIONER CZAR VOTING AND, UH, OPPOSITION.

OKAY.

[01:00:02]

ALL RIGHT.

SO THAT CLEARS THAT ITEM.

NOW WE'RE GONNA MOVE ON TO ITEM SIX.

YES, THAT'S ITEM SIX.

IT'S JUST THE REZONING.

IT'S THE 2 5 5 WESTERN TRAILS BOULEVARD.

GOOD EVENING COMMISSIONERS.

MY NAME IS DANA MOSES WITH THE PLANNING DEPARTMENT TODAY.

THIS IS ITEM

[6. Rezoning: C14-2023-0030 - 2555 Western Trails Boulevard; District 5]

SIX ON YOUR AGENDA.

THE CASE NUMBER IS C 14 20 23 3 KNOWN AS 2 5 5 WESTERN TRAILS BOULEVARD AND IT IS CURRENTLY ZONED AS L O N P AND THE APPLICANT IS REQUESTING L R N P.

THE PROPERTY IS LOCATED JUST DIRECTLY SOUTH OF WESTERN TRAILS BOULEVARD AND IS 1.39 ACRES ON ONE TRACT OF LAND.

THE SITE CONTAINS A ONE STORY MEDICAL AND DENTAL OFFICE AND IS ZONED LIMITED OFFICE NEIGHBORHOOD PLAN.

COMBINING DISTRICT TO THE NORTH, THERE ARE SEVERAL COMMERCIAL BUSINESSES SUCH AS A BEAUTY SHOP, CINEMA, MASSAGE CLINIC, NAIL SPA, WHICH IS ZONED C S N P DIRECTLY TO THE WEST IS AN INSURANCE COMPANY AND APARTMENTS ZONED MF TWO N P TO THE EAST.

THERE ARE APARTMENTS, L O N P AND SINGLE FAMILY RESIDENCES.

SSF THREE N P TO THE SOUTH ARE SINGLE FAMILY RESIDENCE SF THREE.

THE APPLICANT'S REQUEST IS FOR NEIGHBORHOOD COMMERCIAL NEIGHBORHOOD PLAN L R N P ZONING DISTRICT TO REPURPOSE THE EXISTING STRUCTURE WITH THE PET USE SERVICES AND STAFF.

RECOMMENDATION IS TO GRANT NEIGHBORHOOD COMMERCIAL CONDITIONAL OVERLAY NEIGHBORHOOD PLAN, COMBINING DISTRICT ZONING.

THE CONDITIONAL OVERLAY WILL PROHIBIT A SERVICE STATION USE.

AND I'M HERE IF YOU HAVE ANY QUESTIONS.

THANK YOU, .

OKAY, SO WE'RE, UH, APPLICANT, UH, GOOD EVENING COMMISSIONERS.

AMANDA SWORE WITH RENER GROUP.

THANK YOU FOR THE OPPORTUNITY TO BE HERE.

UM, MY UNDERSTANDING IS THAT THERE IS A SPEAKER.

I AM, I'M NOT SURE WHAT THE OBJECTION IS, SO I'LL GIVE A REALLY BRIEF PRESENTATION, BUT THEN WOULD LOVE TO HEAR WHAT, UM, AND READDRESS YOU AFTER THAT.

BUT JUST PUTTING A COUPLE OF PICTURES TO WHAT STAFF MENTIONED.

SO THE PROPERTIES 2 5 5, 5 WESTERN TRAILS.

YOU CAN SEE IT OUTLINED HERE IN BLUE.

THE PROPERTY IS TODAY A ONE STORY MEDICAL, UM, FACILITY MY CLIENTS ARE PROPOSING TO.

SO THE DOCTORS ARE RETIRING, UM, AND THE PROPERTY IS UP FOR SALE.

AND SO THEY ARE PROPOSING TO REPURPOSE THE EXISTING STRUCTURE WITH A PET SERVICES.

SO IT'S A SURGERY CENTER FOR PETS, COMPLETELY INDOORS, NO OUTDOOR ANYTHING, UM, RELATED TO ANIMALS COMPLETELY WITHIN THE EXISTING STRUCTURE.

UH, SO THE REQUEST IS FROM LO NP TO L R N P.

STAFF DID ASK US FOR A CONDITIONAL OVERLAY TO PROHIBIT SERVICE STATIONS, WHICH WE ARE.

UM, 100% IN AGREEMENT WITH.

THIS I THINK IS JUST A LITTLE BIT HELPFUL TO SHOW YOU KIND OF WHAT AS STAFF TALKED ABOUT, THE DIFFERENT USES WHERE THIS SITS.

SO EVERYTHING TO THE NORTH IS CSS.

THIS IS WITHIN THE NEIGHBORHOOD TRANSITION DISTRICT ON THE FUTURE LAND USE MAP.

AND LR AND LO ARE BOTH CONSISTENT WITH THAT DESIGNATION.

UM, AGAIN, IT'S WITHIN OUR CLIENT'S PROPOSING TO REPURPOSE THE EXISTING STRUCTURE, PROVIDE LANDSCAPING UPDATES, SIGNAGE UPDATES.

IT'S A PRETTY OLD BUILDING.

UM, KIND OF BRING IT TO BE MORE MODERN.

SO WITH THAT, I'M HAPPY TO STOP AND ANSWER ANY QUESTIONS.

THANK YOU.

THANK YOU, CHAIR.

NOW I HEAR FROM, UH, MR. BROWN SPEAKING IN OPPOSITION.

MR. BROWN, SELECT STAR SIX, PROCEED WITH YOUR REMARKS.

YOU'LL HAVE FIVE MINUTES.

MICHAEL BURN AT A RESIDENTIAL PROPERTY ADJACENT TO 2 5 5 5 WESTERN CHARLES BOULEVARD.

MY FAMILY AND I HAVE LIVED THERE SINCE ABOUT 2012, AND I AM IN OPPOSITION TO THE REZONING I FILLED.

THE NEIGHBORHOOD, UH, COMMERCIAL ZONING REQUEST IS NOT CONSISTENT WITH PROMOTING CONSISTENCY IN ORDERLY PLANNING IN THE SURROUNDING NEIGHBORHOOD.

UM, AS MENTIONED IN THE ZONING CHANGE REVIEW SHEET, THERE ARE COMMERCIAL USES NORTH OF THIS PROPERTY, BUT THERE ARE NO CURRENTLY NO NEIGHBORHOOD COMMERCIAL PROPERTIES AS THE L R N P THAT SHARE A PROPERTY LINE WITH SINGLE FAMILY SUCH AS MYSELF.

UH, ADDITIONALLY, WHEN LOOKING AT THE LENS OF CONSISTENCY, I THINK IT'S RELEVANT TO MENTION THAT THREE OTHER PROPERTIES CURRENTLY OFFERING PET SERVICES IN THE NEIGHBORHOOD ARE ZONE FOR COMMERCIAL USE THE C SS M P AND NONE OF THOSE SHARE A BORDER WITH A SINGLE FAMILY AS WELL.

UH, THE REZONING TO THE NEIGHBORHOOD COMMERCIAL WOULD EXPAND SEVERAL POTENTIAL USE CASES, UM, TO THE PROPERTY THAT AREN'T CONSISTENT SPECIFICALLY, UH, WITH COMMERCIAL PROPERTY ADJACENT TO SINGLE FAMILY.

[01:05:01]

I THINK THAT INCLUDES, BUT IS NOT LIMITED TO THE HOTEL, MOTEL, OUTDOOR ENTERTAINMENT OR A RESTAURANT.

SO THE, THE CURRENT REQUEST CONTAINS A SINGLE CONDITIONAL OVERLAY THAT PROHIBITS THE SERVICE STATION.

SO SHOULD THIS ZONING REQUEST MOVE FORWARD, FORWARD DESPITE, UH, MY OPPOSITION, UM, I DO ASK PLANNING COMMISSION TO EXPAND THE CONDITIONAL OVERLAY TO PROHIBIT HOTEL, MOTEL, OUTDOOR ENTERTAINMENT, OUTDOOR SPORTS AND RECREATION AND RESTAURANT ALONG WITH THE SERVICE STATION.

UH, THAT'S ALL I HAVE.

THANKS SO MUCH FOR THE TIME.

THANK YOU, CHAIR.

WE'LL NOW HEAR FROM THE APPLICANT FOR A THREE MINUTE REBUTTAL.

UH, THANK YOU COMMISSIONERS.

UH, AND I WOULD JUST, UH, SAY THAT THE USES THAT THE GENTLEMAN SPOKE THROUGH ARE ACTUALLY NOT PERMITTED USES IN THE LR ZONING DISTRICT, WITH THE EXCEPTION OF RESTAURANTS.

SO HOTEL MOTEL IS NOT A PERMITTED USE, NEITHER IS OUTDOOR ENTERTAINMENT, OUTDOOR STORAGE.

LR IS INTENDED TO BE A TRANSITIONAL USE BETWEEN THE HEAVIER COMMERCIAL AND THE RESIDENTIAL, AND IS ACTUALLY PERMITTED AS PART OF THE FUTURE LAND USE MAP.

THE ONLY, UM, USE THAT HE MENTIONED THAT IS PERMITTED IS RESTAURANT AND RESTAURANT USES AND LR ARE HIGHLY, HIGHLY RESTRICTED.

THEY HAVE A LOT OF, UH, RESTRICTIONS THAT GO WITH THAT.

SO WITH THAT, I APPRECIATE YOUR TIME CHAIR.

THAT CONCLUDES THE SPEAKERS ON THIS ITEM.

OKAY.

UH, MOTION TO CLOSE PUBLIC HEARING.

COMMISSIONER CZAR SECOND BY COMMISSIONER MAXWELL.

ANY OPPOSITION? SEEING NONE.

UM, DO YOU HAVE ANY QUESTIONS FROM COMMISSIONERS? OH, OKAY.

UM, HAVE A MOTION.

MOTION.

COMMISSIONER ZA CHAIR WILL MAKE A MOTION TO MOVE FORWARD WITH STAFF RECOMMENDATION.

ALRIGHT, WE HAVE A SECOND.

COMMISSIONER CONLEY.

AND CAN WE GO AHEAD ANY DISCUSSION? WE CAN TAKE A VOTE.

ALL RIGHT.

LET'S GO AND TAKE A VOTE ON THIS.

UM, THOSE IN FAVOR ON THE DIOCESE.

THAT'S EVERYONE VIRTUALLY.

UH, LET'S GO AND SEE YOUR, ARE THOSE IN FAVOR? ALL RIGHT, THAT'S UNANIMOUS.

10 0 0? YES.

OKAY.

THANK YOU.

ALL RIGHT, LET'S GO AND MOVE TO OUR NEXT ITEM.

THANK YOU FOR HELPING MOVE THAT ONE ALONG.

ALL

[13. Site Plan Extension: SP-2015-0543C(XT2) - Green Pastures; District 3]

RIGHT.

WE ARE AT 13.

UH, THAT IS CORRECT.

OKAY.

IT'S GONNA TAKE ITEM 13 AT THE SITE PLANNING SENT EXTENSION, THE GREEN PASTURES ITEM.

SO WE'LL START WITH STAFF.

HI, GOOD EVENING EVERYONE.

MY NAME IS JENNIFER BENNETT.

I'M WITH, UH, DEVELOPMENT SERVICES DEPARTMENT, AND I'M PRESENTING, UM, UH, CASE NUMBER SP DASH 2015 DASH 0 5 4 3 C X T TWO GREEN PASTURES.

UM, THE ADDRESS OF THE SIDE IS EIGHT 11 WEST LIVE OAK STREET, AND THE APPLICANT IS REQUESTING A THREE-YEAR EXTENSION TO A PREVIOUSLY APPROVED SITE PLAN.

UM, THE PROPOSED DEVELOPMENT INCLUDES THE CONSTRUCTION OF TWO HOTEL BUILDINGS CONSISTING OF APPROXIMATELY 100 HOTEL ROOMS, AN EXISTING RESTAURANT SLASH EVENT CENTER, EXISTING HISTORIC HOUSE SUPPORT BUILDING AND ASSOCIATED PARKING, AND IMPROVEMENTS ON A 5.67 ACRE TRACT IN THE BOULDERING CREEK NEIGHBORHOOD.

THE EXISTING HISTORIC STRUCTURE WILL REMAIN ON SITE.

UM, STAFF IS RECOMMENDING THAT THE PLANNING COMMISSION CONSIDER THE EXTENSION OF THE SITE PLAN PERMIT BY THREE YEARS FROM DECEMBER 31ST, 2022 TO DECEMBER 31ST, 2025.

BASED ON THE CRITERIA FROM L D C SECTION 25 DASH FIVE DASH 16, THE 62 C ONE, UM, WHICH IS PROVIDED IN THE BACKUP, UM, THE, UM, THE LAND USE COMMISSION MAY EXTEND THE EXPIRATION DATE OF A RELEASED SITE PLAN BEYOND THE DATE ESTABLISHED BY THIS CHAPTER.

IF THE LAND USE COMMISSION DETERMINES THAT THE REQUEST COMPLIES THE REQUIREMENTS FOR EXTENSION BY THE DIRECTOR UNDER 25 DASH FIVE DASH 62, UM, STAFF HAS FOUND THAT THE APPLICANT FILED THE ORIGINAL APPLICATION FOR SITE PLAN APPROVAL WITH THE GOOD FAITH EXPECTATION THAT THE SITE PLAN WOULD BE CONSTRUCTED.

ALSO, THE APPLICANT HAS CONSTRUCTED A SUBSTANTIAL PORTION OF THE INFRASTRUCTURE REQUIRED FOR DEVELOPMENT OF THE ORIGINAL SITE PLAN APPLICATION.

UM,

[01:10:01]

AND SO THE, THIS, THE CURRENT SITE IS ZONED, UM, BOTH G R M U C O N P AND G R M U H C O N P.

UH, AT THE TIME OF THE ORIGINAL SITE PLAN APPLICATION, UH, PROPERTY ZONED AS HISTORIC LANDMARK OR HISTORIC AREA COMBINING DISTRICT WERE EXEMPT FROM THE COMPATIBILITY STANDARDS AND CODE.

UH, AN ORDINANCE LATER TOOK EFFECT, UH, TOOK EFFECT IN OCTOBER, 2016, WHICH MODIFIED THE COMPA COMPATIBILITY STANDARDS AND REMOVED THAT EXEMPTION.

UM, AND ALSO, SO, UM, AS PART OF THIS APPLICATION, UM, FOR EXTENSION, UM, THE DEVELOP, UM, THE APPLICANT HAD TO, UM, CON, UH, SUBMIT FOR AN UPDATED NEIGHBORHOOD TRAFFIC ANALYSIS.

UH, AND THE FINDINGS INCLUDED, UM, COMPLIANCE WITH THE STREET IMPACT FEE PROGRAM, WHICH WOULD BE, UM, PAID AT TIME OF BUILDING PERMIT.

UM, AND IN THE BACKUP YOU CAN SEE A HISTORY OF APPROVALS WHEN THE, UM, SITE PLAN ADMINISTRA, UH, THE SITE PLAN, ADMINISTRATIVE APPROVAL, UM, ET CETERA.

AND I'M HAPPY TO ANSWER ANY OTHER QUESTIONS YOU MAY HAVE, BUT I BELIEVE THE, UM, APPLICANT WILL GET INTO MORE DETAIL.

OKAY.

THANK YOU.

WE'LL HEAR FROM THE APPLICANT NOW.

THANK YOU, CHAIR.

WE'LL NOW HEAR FROM MR. JEFF TRIER AND MR. TRU AS THE APPLICANT WILL HAVE FIVE MINUTES.

GOOD EVENING.

MY NAME'S JEFF TRIGG, AND I'M CHAIRMAN OF THE GREEN PASTURES BOARD OF DIRECTORS AND PRESIDENT OF LACHE HOSPITALITY GROUP.

PLEASE ALLOW ME TO GIVE YOU A BRIEF HISTORY OF OUR ENDEAVORS IN GOOD FAITH EFFORTS TO PRESERVE THIS HISTORIC PROPERTY.

JUST LIKE WE HAVE DONE FOR ALMOST A DOZEN OTHERS AROUND TEXAS, INCLUDING AUSTIN'S DRISCOLL HOTEL WHERE WE COORDINATED THIS RESTORATION FROM 1998 TO 2005, IN 2015, GREEN PASTURES PUT ITSELF UP FOR SALE.

THIS FAMILY OWNED BUSINESS COULD NOT JUSTIFY ADDRESSING THEIR DEFERRED MAINTENANCE COSTS.

IT'S A TYPICAL STORY IN MY WORLD.

IT HAD BEEN A HOSPITALITY VENUE AND COMMERCIAL SITE FOR MORE THAN 75 YEARS.

THEY ASKED ALL INTERESTED PARTIES TO BE SENSITIVE TO THE IMPORTANT LEGACY OF THE SITE.

THEY WERE APPROACHED BY GROUPS WANTING TO MAXIMIZE THE SITE TO BUILD LUXURY CONDOMINIUMS AND HOMES, AND BY TWO DEVELOPERS WHO WANTED TO DEVELOP PRIVATE MEMBERSHIP CLUBS.

OUR GROUP MADE UP OF MORE THAN 60 LOCAL INVESTORS, HAD A DIFFERENT APPROACH TO RENOVATE THE HISTORIC STRUCTURES AND ENHANCED THE HOSPITALITY PROVIDED ON SITE BY ADDING OVERNIGHT ACCOMMODATIONS.

OUR PLAN NOT ONLY WON THE RIGHT TO PURCHASE THE SITE, BUT THE EXISTING OWNERS JOINED US AS INVESTORS.

THE PURCHASE WOULD'VE MADE ABSOLUTELY NO FINANCIAL SENSE WITHOUT THE ABILITY AND COMMITMENT TO DEVELOP THE PLANNED HOTEL ACCOMMODATIONS TO GUESTROOM.

WE NEEDED TO ADDRESS THE STORMWATER DRAINAGE ISSUES THAT HAVE PLUGGED THE NEIGHBORHOOD FOR YEARS, AND WE ALSO NEEDED TO PROVIDE FIRE TRUCK ACCESS TO PROTECT THE NEW BUILDING.

FORTUNATELY, THE LOT BEHIND OUR HOTEL BECAME AVAILABLE AND THE INVESTORS APPROVED THE EXPENSE.

HELP ME HERE.

THERE WE GO.

YOU'LL NOTE THE $500,000 EXPENSE THAT WE INCURRED TO MAKE THIS HAPPEN.

SIDE BENEFIT OF, IN ADDITION TO THE FIRETRUCK ACCESS, IS THAT, UH, IT CREATED A BYPRODUCT OF A LITTLE POCKET PARK ON OAKCREST RIGHT BEHIND US AND TOOK A RESIDENTIAL LOT OFF AS WELL.

THE CITY KNEW THAT THE STORMWATER DRAINAGE NEEDED TO BE ADDRESSED FOR ALL THE HOMES AROUND US, AND WE WORKED TOGETHER WITH THEM ON A COMMUNITY FACILITIES AND COST REIMBURSEMENT AGREEMENT.

THERE WE GO.

UM, WE'LL CONTRIBUTE A MILLION DOLLARS ACTUALLY MORE, UH, TO MAKE THAT HAPPEN.

UM, WE ALSO SPENT MORE THAN $250,000 TO UPGRADE OUR, UH, KITCHEN AND EXPAND OUR GAS AND UTILITY, UH, INFRASTRUCTURE FOR THE NEW BUILDING.

WE SPENT MORE THAN $2 MILLION ON ARCHITECTURAL CIVIL LANDSCAPE AND OTHER SOFT COSTS TO DEVELOP BUILDABLE PLANS, UH, SO THAT WE COULD ATTAIN ACCURATE CONSTRUCTION ESTIMATES TO TAKE TO LENDERS TO MAKE OUR DREAM AND REALITY.

UH, LET'S SEE.

THERE WE GO.

UM, I'M JUST SHOWING YOU ONE EXAMPLE.

THIS IS $785,000 PAID TO OUR ARCHITECT WHO ASKED ME

[01:15:01]

TO POINT OUT THAT IT WAS ALSO 785,000 HOURS OF WORK TOO, GEORGE, THANKS.

UM, UNFORTUNATELY, THIS IS WHERE WE STARTED HAVING PROBLEMS BECAUSE AFTER MONTHS OF TALKING TO FINANCIAL INSTITUTIONS, NO ONE COULD JUSTIFY THE MAGNITUDE OF THE LOAN THAT WE REQUIRED.

IT WAS SIMPLY TOO RISKY FOR THEM.

WITH 60 LOCAL INVESTORS, INSTEAD OF JUST ONE DEEP POCKETED DEVELOPER OR A BRANDED NATIONAL HOTEL CHAIN, THEY JUST TURNED US DOWN.

SO THE INVESTORS WERE FACED WITH A VERY DIFFICULT DECISION.

DO THEY GIVE UP AND SELL THE PROPERTY OR DO THEY PHASE THE PROJECT THEY DESIRE? BASICALLY START SMALL, PROVE THE CONCEPT, AND BANKS WILL LISTEN.

THE MEMBERSHIP VOTED OVERWHELMINGLY TO START OVER AND COMMITTED THE FUNDS TO REDESIGN THE HOTEL.

THAT'S THE $60,000 YOU SEE AT THE BOTTOM.

COULDN'T AFFORD IT.

LET'S REDO IT.

LET'S INVEST 60 GRAND.

NINE MONTHS LATER, COVID HIT THE NATION AND IT DEVASTATED THE HOSPITALITY INDUSTRY EVENTS THAT WE USED TO ROUTINELY HOLD BECAME ILLEGAL.

OUR ATTENTION TURNED TO SURVIVAL.

WE SHUT GREEN PASTURES DOWN AND FOCUSED ON OUR EMPLOYEES.

WE CONTINUED ON DEALING WITH VARIANTS FOR ABOUT A YEAR AND A HALF, STOPPING AND STARTING AGAIN WITH CHANGES IN, IN BUSINESS.

AND ON TOP OF THAT, OUR LENDER, WHO WAS FROM OUT OF TOWN CALLED OUR NOTE.

WE HAD A BALLOON PAYMENT DUE FOR THE FULL AMOUNT IN TWO MONTHS.

FORTUNATELY, WE CONSIDERED OURSELVES EXTREMELY BLESSED WHEN A LOCAL BANKER NEVER SURE WHERE TO PRESS ON THIS.

I'M SORRY.

THERE WE GO.

THIS IS A LETTER FROM THE PRESIDENT AND CHAIRMAN OF FRONTIER BANK, WHO WAS FAMILIAR WITH OUR PROJECT, UH, AND ALLOWED US TO BORROW THE MONEY.

I'M NOT SURE WHAT THAT BEAT MEANS.

I'M SORRY.

SO, UH, GO AHEAD AND FINISH YOUR THOUGHTS.

UH, IMPORTANT.

WE GOTTA WRAP UP.

YOU'RE OUTTA TIME.

OH, DEFINITELY.

I'M, I'M SORRY.

I, SO GO AHEAD AND BRING YOUR, IF YOU WANTED TO KIND OF SUMMARIZE YOUR MAIN POINTS AND THEN WE'LL GO AND, AND THANK YOU.

OTHERS WILL HAVE QUESTIONS.

I'M SURE I CAN DO THAT.

UM, WITH FINANCING AVAILABLE, UH, FROM THE BANK, WE COMMITTED ANOTHER MILLION AND A HALF IN AN ARCHITECTURE, ANOTHER 260 IN INTERIOR DESIGN, 45 IN SOMETHING I JUST SHUT OFF.

I DON'T KNOW WHAT I'M PRESSING HERE.

I'M REALLY APOLOGIZE.

BOTTOM LINE, LEMME GET TO WHERE THE CITY COMES ALONG BECAUSE AS WAS JUST MENTIONED, WE NOT ONLY PAID ALL THE PERMITTING FEES TO GET THROUGH THIS THING, WE ALSO PAID $124,000, UH, SO THAT WE COULD GET OUR BUILDING PERMIT THE MINUTE THE LOAN CLOSED.

AND IT'S READY FOR PICKUP.

NOW, THE ONLY THING THAT'S PENDING ON THIS IS, UH, YOUR NOTICE.

AND, UM, WE'VE MADE A TREMENDOUS GOOD FAITH EFFORT TO PRESERVE GREEN PASTURED LEGACY WITHIN OUR ORIGINAL TIME, UH, THAT WAS ALLOTTED.

BUT JUST LIKE THIS SITE PLAN EXTENSION PROCESS, SOMETIMES DOING THINGS RIGHT, TAKES A LITTLE BIT MORE TIME AND EFFORT THAN YOU'D LIKE.

THANK YOU FOR THAT EXTENSION TIME, EXTENSION OF TIME, AT LEAST FOR NOW.

THANK YOU VERY MUCH.

THANKS.

SCOTT'S UP.

THANK YOU.

WE'LL NOW HEAR FROM MR. SCOTT WALKER.

MR. WALKER, YOU HAVE THREE MINUTES.

EXCUSE ME.

THREE MINUTES.

GOOD EVENING.

UH, MY NAME IS SCOTT WALKER.

I AM THE VICE PRESIDENT AND MANAGING DIRECTOR OF GREEN PASTURES.

LEMME SEE IF I CAN FIGURE THIS OUT BETTER THAN PREDECESSOR.

I'M SORRY, SCOTT, I MESSED YOU UP.

LOOKING TO GET TO SLIDE 11.

OKAY.

UH, ONE BEFORE.

THANK YOU.

UM, I'D LIKE TO SHOW YOU SOME AERIAL VIEWS OF THE SITE AND THEN SOME ILLUSTRATIONS AND A FLOOR PLAN OF THE BUILDING TO ORIENT YOU WITH THE PROPERTY.

UM, ON OUR WESTERN PROPERTY LINE, WE HAVE A THREE STORY CONDOMINIUM COMPLEX THAT IS TALLER THAN OUR HOTEL.

UH, THE NEXT SLIDE THAT I'LL SHOW YOU AFTER THIS, UH, WE'LL REVEAL THEIR COVERED ROOF DECKS.

UH, NORTH OF THE CONDOMINIUMS ON OUR PROPERTY LINE IS A TWO STORY APARTMENT COMPLEX.

WE ARE, UH, MOVING A HISTORICALLY SIGNIFICANT HOME CURRENTLY IN A DILAPIDATED CONDITION AND WELL OUT OF SIGHT TO THE PUBLIC.

THE HISTORIC COMMISSION HAS REQUIRED THAT THIS HOME NOT BE DESTROYED TO THE CONTRARY.

WE PLAN TO FULLY RENOVATE THIS FORMER CARETAKER'S QUARTERS AND PLACE IT AT THE FRONT OF OUR PROPERTY WHERE IT CAN BE ENJOYED AS A PART OF THE NEWLY LANDSCAPED GROUNDS, THE ROCK FENCING IN FRONT THAT CURRENTLY EXISTS TO THE EAST WILL BE EXTENDED TO THE WEST TO GIVE THE PROPERTY A FINISHED LOOK FROM LIVE OAK STREET.

[01:20:02]

VERY LITTLE OTHER DEVELOPMENT OCCURS ON MOST OF THE PROPERTY EXCEPT FOR THE SOUTHEAST CORNER.

THIS IS WHERE THE END WILL BE LOCATED.

SLIDE 12.

UM, CAN YOU GO BACK A LITTLE BIT? GO BACK.

THERE WE GO.

UH, THESE ARE THE COVERED ROOFS OF THE CONDOMINIUM THAT, UH, I WAS REFERRING TO.

NEXT SLIDE.

UH, THIS IS, UH, THE LIVE OAK ROOM.

IT'S A SINGLE STORY FOR THE FIRST 30% OF THE BUILDING AND BARELY VISIBLE FROM THE STREET, STREET BEING LIVE OAK, UH, SLIGHT.

YEP.

A CLOSER VIEW WITH THE PATRON WALKING TOWARDS GUEST REGISTRATION AND THE RESTAURANT.

AND THIS IS THE GROUND FLOOR PLAN.

THIS IS A VIEW OF HENRY'S ALL DAY EATERY.

IT'S SUPPORT, KITCHEN, GUEST REGISTRATION, OFFICE SPACE, GUEST ROOMS, THE POOL, AND OTHER AREAS.

IT'S IMPORTANT TO KNOW THAT MADDIE'S, THE DINING ROOM AT GREEN PASTURES IS NOT OPEN FOR BREAKFAST OR LUNCH.

IT'S NOT OPEN FOR DINNER ON SUNDAY, MONDAY OR TUESDAY NIGHTS.

MADDIE'S DOES NOT PROVIDE ROOM SERVICE.

THESE WILL ALL BE FUNCTIONS OF HENRY'S.

MADDIE'S WILL CONTINUE TO PROVIDE HER VERY POPULAR WEEKEND BRUNCH, SORRY, LAURA AND HOLIDAY BRUNCHES ON MOTHER'S DAY, EASTER, THANKSGIVING AND CHRISTMAS.

NEXT SLIDE, PLEASE.

THIS IS A VIEW OF HENRY'S, AND THIS IS, UH, NAMED AFTER JOHN HENRY FAULK, THE AUSTIN HUMORIST WRITER, ACTOR, AND ACTIVIST WHOSE CHILDHOOD HOME WAS GREEN PASTURES.

THIS IS A VIEW OF THE LIVE OAK ROOM WHERE WE WILL HOST MEETINGS, EVENTS, AND GROUP DINING.

AND I THANK YOU FOR YOUR CONSIDERATION OF OUR REQUEST EXTENSION.

THANK YOU.

WE'LL NOW HEAR FROM GEORGE WILCOX, FOLLOWED BY ETHAN HOLMES.

GOOD EVENING, MR. CHAIR.

COMMISSIONERS.

UH, MY NAME IS GEORGE WILCOX.

I'M AN ARCHITECT AND PARTNER WITH CLAYTON KORTE, FORMERLY CLAYTON AND LITTLE.

UM, WE'VE BEEN INVOLVED WITH THE PROJECT SINCE 2015, AND IT HAS BEEN QUITE A LITTLE UP AND DOWN RIDE, IF YOU WILL.

UM, I JUST WANTED TO SPEAK A MINUTE AND REMIND EVERYBODY ASSOCIATED HERE WITH THE, THE REASON FOR THOSE COMPATIBILITY SETBACK EXEMPTIONS THAT USED TO EXIST IN THE CODE.

UM, THE IDEA, AS I UNDERSTAND IT FOR MR. SADOWSKI, WHO'S NOT WITH US ANYMORE, IS TO GIVE DEVELOPERS AN OPTION OR ENCOURAGEMENT TO NOT DO NEW CONSTRUCTION RIGHT UP NEXT TO THE ORIGINAL HISTORIC BUILDINGS.

UM, AS SUCH, WE WERE ABLE TO PUSH THE NEW PROPOSED NEW CONSTRUCTION OUT TO THE EDGES OF THE DEVELOPMENT SITE IN ORDER TO GIVE RESPECT AND ROOM TO THE EXISTING MATT'S OR THE EXISTING GREEN PASTURES BUILDING.

UM, WE DID RECEIVE, UH, HISTORIC LANDMARK COMMISSION APPROVAL WITH OUR SIGHTING AND OUR DESIGN OF THE NEW BUILDINGS.

UM, AND WE ALSO RECEIVED, UM, APPROVAL FROM THE TEXAS HISTORIC COMMISSION.

IT'S ALSO A, UM, A REGISTERED TEXAS HISTORIC LANDMARK.

THIS PROPERTY, UM, THE TEXAS HISTORIC COMMISSION SAID DIRECTLY IN THEIR APPROVAL LETTER THAT WE APPRECIATE THAT THE PROPOSED NEW BUILDINGS ARE PUSHED TO THE PERIMETER OF THE PROPERTY.

UM, SO AGAIN, JUST WANTED TO MENTION THAT AND REMIND FOLKS OF THE REASONS FOR THE, THE EXEMPTIONS TO THE COMPATIBILITY SETBACKS.

ONE OTHER THING TO NOTE, UH, WE SAW SOME, UH, OPPOSITION LETTERS PREVIOUSLY THAT SAID SOMETHING ALONG THE LINES OF, WE HAD IGNORED THE COMPATIBILITY SETBACKS, AND THAT'S JUST NOT TRUE.

ALONG THE SOUTHERN PROPERTY LINE, YOU MIGHT'VE HEARD STAFF MENTION THAT NOT ALL OF THIS SITE IS, UM, UNDER HISTORIC ZONING.

THERE'S A, A QUADRANT AT THE SOUTHWESTERN PORTION OF THE SITE THAT, UM, WE USED THE COMPATIBILITY SETBACKS BECAUSE WE DID NOT HAVE THE EXEMPTION ON THAT PORTION OF THE SITE.

SO OUR BUILDINGS ARE CITED APPROPRIATELY AND STEPPED IN HEIGHT AT THAT LOCATION TO ACCOMMODATE THE COMPATIBILITY SETBACK RULES THAT WERE IN PLACE AT THE TIME.

AND THAT'S ALL I'VE GOT, UNLESS Y'ALL HAVE ANY QUESTIONS.

THANK YOU.

WE'LL NOW HEAR FROM ETHAN HOLMES, FOLLOWED BY LAURA SCHREYER.

THANKS FOR YOUR CONSIDERATION.

GOOD EVENING.

THANK YOU COMMISSIONERS.

AND MR. CHAIRMAN, MY NAME IS ETHAN HOLMES.

I HAVE BEEN THE EXECUTIVE CHEF AT MATT'S AT GREEN PASTURE FOR THE LAST FIVE YEARS.

HOWEVER, MY HISTORY WITH GREEN PASTURES GOES BACK MORE THAN 35 YEARS.

I WAS ACTUALLY INSPIRED TO BECOME A CHEF BECAUSE OF MY MANY VISITS

[01:25:01]

TO GREEN PASTURES AS A KID.

IN FACT, WE HAD BECOME SO WELL ACQUAINTED WITH GREEN PASTURES THAT ON MY 11TH BIRTHDAY, I WAS GIVEN THE OPPORTUNITY TO BE THE CHEF FOR A DAY.

WHEN I WAS GIVEN THAT OPPORTUNITY TO TAKE OVER AS EXECUTIVE CHEF, I KNEW THAT I HAD A MASSIVE RESPONSIBILITY BEFORE ME, NOT ONLY TO MAKE THE GUESTS HAPPY WITH THE FOOD AND THE EXPERIENCE, BUT ALSO TO HELP PRESERVE THE LEGACY OF GREEN PASTURES.

WE HAVE SEVERAL ASSOCIATES WHO'VE BEEN WITH US FOR THE LAST 38 YEARS.

WE ALL TAKE IMMENSE PRIDE IN THE VALUE THAT THE HISTORY OF GREEN PASTURES IS MEANT TO SO MANY PEOPLE IN AUSTIN.

FROM WEDDINGS TO REHEARSAL DINNERS TO MEMORIAL SERVICES, WE'VE BECOME ACCUSTOMED TO THE FACT THAT GREEN PASTURES NOT ONLY HAS ITS OWN HISTORY, BUT EVERYONE WHO COMES TO MADDY'S HAS THEIR OWN HISTORY WITH THIS EPIC LOCATION, THESE VARIOUS HISTORIES MUST BE PRESERVED FOR FUTURE GENERATIONS OF AUSTINITES.

THE INATE GREEN PASTURES IS THE NEXT LOGICAL STEP IN THE EVOLUTION OF THE PRESERVATION AND EXPANSION OF THIS LEGENDARY LOCATION.

IT WILL NOT ONLY HELP CONTINUE THE LEGACY OF GREEN PASTURES AND THE FALK AND COOK FAMILIES, BUT ALSO PROVIDE MORE JOBS AND A PLACE FOR THE COMMUNITY AND BEYOND TO MAINTAIN THE FEELING OF OLD AUSTIN WHILE CONTINUING WITH AUSTIN'S POSITIVE TRAJECTORY.

THANK YOU.

NOW I'LL HEAR FROM LAURA SHERE.

MS. SHEER, YOU'LL HAVE ONE MINUTE.

YES, SIR.

HI, MY NAME IS LAURA SHEER.

I'M THE DIRECTOR OF OPERATIONS WITH MADDIE'S AT GREEN PASTURES.

UM, JUST THANK YOU FOR YOUR TIME.

BEING ABLE TO SERVE THE COMMUNITY IN SUCH AN HISTORICAL PLACE AS GREEN PASTURES IS REALLY QUITE THE HONOR.

THE SUPPORT OF OUR NEIGHBORS, OUR REGULARS, AND OUR REGULAR NEIGHBORS.

IT'S JUST A GIFT.

THE RELATIONSHIPS WE CULTIVATE IN THIS HOSPITALITY ARE PRICELESS.

ALL OF THE MEM UH, MEMORABLE AND MEANINGFUL WEDDINGS, OCCASIONS, SHOWERS, DINNERS, MEMORIAL SERVICES WE HELD AT GREEN PASTURES ARE LEGENDARY IN THEIR OWN RIGHT.

THE ADDITION OF A BOUTIQUE INN ON THE HISTORICAL GROUNDS WILL ONLY CEMENT THESE INTIMATE OCCASIONS AND ALLOW US AS SERVANTS AND HOSPITALITY TO DO WHAT WE LOVE AND WHAT OTHERS ENJOY.

THANK YOU.

THANK YOU.

YOU CHAIR.

WE'LL NOW HEAR FROM THE OPPOSITION, BEGINNING WITH MS. MELENA BOCHE.

MS. BOCHE, YOU'LL HAVE FIVE MINUTES.

GOOD EVENING, CHAIR SHAW AND GOOD EVENING COMMISSIONERS.

MILENA BOCHE.

I'M A RESIDENT AND, UH, OWNER OF A HOUSE IN BOWLING CREEK.

SO I'M HERE TO SPEAK ABOUT THE GREEN PASTURES PROJECT, AND I WANT TO REMIND EVERYBODY, THIS WAS A GREAT INTRODUCTION INTO THE HISTORY OF GREEN PASTURES.

AND WE ARE TODAY HERE TO DISCUSS IS THIS EXTENSION TO OUR LAND DEVELOPMENT COURT OR NOT, AND NOT HOW VALUABLE THIS, UH, GREEN PASTURES IS FOR THE NEIGHBORHOOD.

WE LOVE IT.

I LOVE IT.

AND I WOULD LIKE TO SEE GREEN PASTURES BEING PRESERVED AND ALSO DAY TO BEAUTY A HOTEL.

BUT, UM, I HAD A CHAT WITH MY NEIGHBOR AND SHE TOLD ME, OH, THERE WILL BE A HOTEL.

AND I'M LIKE, A HOTEL? NO, NOT BAD.

YOU KNOW, I LIKE THE MUSIC.

I LIKE THE PEOPLE THAT ARE IN MY BACKYARD.

THAT'S, THAT'S OKAY.

AND THEN I LOOKED UP ONLINE, THE PLANTS, AND WHAT I SAW IS A THREE STORY BUILDING RIGHT NEXT TO THE FENCE OF MANY SF TREE TRIGGERING HOUSES.

IT'S 16, 16 FEET SETBACK OF A THREE STORY HOUSE.

SO 15 FEET IS FROM ME TO YOU.

AND THEN YOU HAVE A THREE STORY HOUSE.

AND THEY, AND THIS IS, THESE 15 FEET ARE NOT BECAUSE OF, UM, THE GENEROSITY OF THE ARCHITECTS AND THE PLANNERS, BUT BECAUSE THEY NEEDED A RAIN GARDEN THERE TO CAPTURE THE RAINWATER.

SO, UM, I, YOU KNOW, WITH A SENSE OF DISBELIEF, I CALLED THE CITY PLAN AND I ASKED, HOW THE HELL IS THIS POSSIBLE TO BUILD A THREE STORY HOUSE IN A RESIDENCE AREA WITH TWO STORY DOMINATING, UM, ARCHITECTURE AND ARCHITECTURES.

AND THEN WITH THE ONLY 16 FEET SETBACK.

AND THE CITY PLANNER TOLD ME, OH, THEY USED A LOOPHOLE.

SHE DIDN'T USE THE WORD LOOPHOLE.

IT WAS THE EXCEPTION.

UM, THAT ALLOWED ACTUALLY, UM, NEW DEVELOPMENT ON THE HISTORIC, UM, DISTRICT, UH, ZONING, DISTRICT OVERLAY TO BUILD WHATEVER THEY WANT.

AND, UM, I, I COULDN'T BELIEVE THIS.

SO I, UM, START RESEARCHING AND I FIGURE OUT, YEAH, THIS IS TRUE.

UH, SO SOMEBODY CAN BUILD WHATEVER THEY WANT.

UM, HIDE NO SETBACK WHATSOEVER BECAUSE THEY ARE IN A PHYSICAL PROXIMITY IS A HISTORIC, A HISTORIC BUILDING.

I'M IN A PROXIMITY OF HISTORIC BUILDING TOO, BUT I CANNOT BUILD RIGHT AT MY FENCE.

THREE STORY HOUSE.

EVERYBODY IN BOARDING CREEK HAS A TWO STORY HOUSE EXCEPT THIS CONDO.

BUT THE CONDO HAS ALL THE SETBACKS THAT, THAT ARE NEEDED TO, UH, UH,

[01:30:01]

SINGLE FAMILY HOUSE.

AND THEY MENTIONED, YEAH, THERE IS A THREE STORY BUILDING.

THEY JUST, UM, CONVENIENTLY, UM, MISSED THE SETBACK THAT THIS, UH, CONDO HAS TO SINGLE FAMILY HOUSE.

SO, UM, I HUNG UP, UM, AFTER THE CALL WITH THE, THE, UH, CITY DEVELOPER.

AND, UM, UM, I DID SOME RESEARCH ON THE, ON THE, UM, ON THE COMPATIBILITY COURT.

AND I FIGURED OUT THAT THIS WAS NOT ONLY MY FEELING THAT THIS IS UNFAIR, ACTUALLY THE CITY COUNCIL.

AND YOU ALSO APPROVED A CHANGE IN THIS, UH, IN THIS EXEMPTION.

SO SINCE 2016, PEOPLE WANTING TO BUILD A COMMERCIAL SITE ON A HISTORIC CLOSE TO HIS, ON A HISTORIC LANDMARK SITE, THEY HAVE TO COMPLY TO THE AUSTIN'S COMPATIBILITY COURT.

UM, I CALLED THE CITY PLANNER AGAIN, SUPER EXCITED ABOUT MY NEW FINDING.

OH, THEY HAVE TO COMPLY.

AND I TOLD HER, LOOK, WE ARE WRITING TODAY 2023.

THIS IS EIGHT YEARS FROM THESE GUYS FILED THE ORIGINAL APPLICATION.

THIS IS SEVEN YEARS FROM THE CHANGE IN THE CON, A MAJOR CHANGE.

THIS IS SIX YEARS SINCE THEY HAD A SITE PERMIT TO BUILD.

AND THEY HAD ALSO BUILDING PERMIT FOR THE MAXIMUM PERIOD OF 180 DAYS.

AND THEY DIDN'T BUILD ANYTHING.

THEY DIDN'T BUILD THE INFRASTRUCTURE.

THEY DIDN'T BUILD A SINGLE, THEY DIDN'T, THEY DIDN'T DIG A SINGLE HOLE THERE BECAUSE I LIVED THERE AND I PASS BY EVERY DAY.

IT'S A VIRGIN, UH, LOAN.

SO WHY NOT ASKING THEM TO COMPLY WITH THE COMPATIBILITY COURT? THEY HAD A CHANCE TO BUILD.

THEY DIDN'T.

LET'S ASK THEM.

UH, THE C PLANNER IS PUTTING TODAY FORWARD.

THE RECOMMENDATION, THIS EXTENSION TO BE APPROVED BASED ON GOOD FAITH, GOOD FAITH IS OUT OF THE THE FOUR CRITERIA.

ONE, WHICH ONE OF, OF, OF WHICH ONE HAS TO BE MET.

GOOD FATE IS THE ONLY ONE THAT IS A BIT DIFFICULT TO BAKE WITH DATA.

SO THEY DON'T COMPLY TO CURRENT COTTON.

WE KNOW IT.

THEY DIDN'T BUILD ANYTHING.

WE KNOW IT.

THERE IS NO INFRASTRUCTURE FOR THE HOT.

WE KNOW IT, BUT GOOD COULD BE.

AND NOW WE ARE EXTENDING GOOD FAITH TO SOMEBODY WHO HASN'T BUILT ANYTHING WITHIN EIGHT YEARS.

AND THEN, UM, BUT THEY HAVE PAID 60 K FOR THE BUILDING PERMIT, AND THEY HAVE PAID COUPLE OF MORE.

I JUST LEARNED HOW MUCH MORE THEY HAVE PAID.

BUT IN THIS COUNTRY, WE CANNOT BUY OURSELVES IN, UH, OLD COURTS AND OLD LAWS.

THIS DOESN'T HAPPEN IN UNITED STATES.

SO I HAVE ONE CLOSING THOUGHT.

OKAY.

AND NOW MY QUESTION TO YOU IS, WHY SHOULD SOMEONE WHO HAD BOUGHT SITE AND BUILDING PERMIT FOR MAXIMUM 180 DAYS EVEN BEFORE COVID HIT? YEAH.

THIS WAS UNAFFECTED OF COVID HASN'T BUILT ANYTHING, HASN'T CONSTRUCTED ANYTHING, NO BUILDING, NO INFRASTRUCTURE SHOULD, WHY SHOULD WE NOT ASK THESE PEOPLE TO COME TO APPLY A, A NEW APPLICATION TO FOUND NEW APPLICATION AND COMPLY TO CURRENT CUT AND PREVAILING PRACTICES? BECAUSE I WENT OVER ALL THE SECOND AND THIRD EXEMPTIONS EXCEPT, UH, UH, EXTENSIONS IN THE LAST 10 YEARS.

AND THERE WAS NO SUCH CASE AS THIS ONE WHERE NOTHING WAS BUILT.

AN EXTENSION WAS APPROVED WHERE THE SITE DIDN'T COMPLY TO CURRENT CODE.

THANK YOU.

THANK YOU.

YOU WILL NOW HEAR FROM SIMON EASTWOOD, FOLLOWED BY STEVE BEING A, DO I NEED TO MOVE THEM OR DO YOU, CAN I JUST SEE? SO GOOD EVENING, CHAIRMAN AND COMMISSIONERS.

MY NAME IS SIMON EASTWOOD.

UH, MY HOUSE IS ON THE EAST PERIMETER OF GREEN PASTURES.

I LIVE NEXT TO ME, ELENA.

IN FACT, UM, I TOO CAME TO KNOW ABOUT THIS, UH, AROUND THIS SPRING.

IT WAS LAID TO REST, WE THOUGHT IN 2016 WITH THIS, UH, CHANGE IN THE CODE AND, UH, UH, THE REMOVAL OF THE HISTORIC, BUT APPARENTLY NOT.

SO, UH, HERE IS THE PLA SITE PLAN OF THE, UH, SUBMITTAL.

THE LATEST.

MY PROPERTY IS THE ONE WITH THE RED DOT.

UM, AS I STAND AT MY FENCE, I WILL HAVE A BUILDING WITHIN 50, 15 FEET, AS MILENA SAID, STRETCHING THREE STORIES ABOVE ME, HOTEL WINDOWS OVERLOOKING MY YARD AND MY HOUSE.

THE ORDINANCE ELIMINATING SPECIAL TREATMENT OF HISTORIC, UH, SITES REGARDING SETBACKS HAS BEEN GONE FOR

[01:35:01]

SEVEN YEARS.

THE APPLICANT HAS CHOSEN TO IGNORE IT.

NEXT SLIDE, PLEASE.

SO HERE IS THE PLANNER'S EXPLANATION TO ME AS TO THE REASON FOR THE, THEIR RECOMMENDATION TO EXTEND THE PERMIT TODAY FOR A SECOND TIME.

ESSENTIALLY, GOOD FAITH EXPECTATION BASED ON FEES PAID NOT ON PROGRESS.

WE QUESTION THE STRATEGY OF EXTENDING THE PROJECT IN ITS CURRENT FORM.

NEXT SLIDE, PLEASE.

WE HAVE EVIDENCED, UH, THAT THIS PROJECT REVIEW FORM FOR THE SECOND EXTENSION STATES THAT THE PROJECT IS TO CURRENT CODE.

EVEN THOUGH WE KNOW THE SETBACKS AND HEIGHTS ARE NOT, IT'S NOT CLEAR TO US IF THIS APPARENT ERROR OR OVERSIGHT INFLUENCED THE APPLICATION PROCESS.

NEXT SLIDE PLEASE.

BACK IN 2002, THE CITY COUNCIL ASKED THE NEIGHBORHOOD, UH, LEADERSHIP AND PLANNING STAFF TO CREATE THE BOLD NEIGHBORHOOD PLAN.

THERE ARE THE STATED GOALS FOR THE PLAN THAT, UH, BECAME, UH, THE 2002 ORDINANCE.

UM, PRESERVATION IS A STATED OBJECTIVE OF HISTORIC ZONING.

IT SEEMS THAT THE KOSHER HOSPITALITY GROUP CUSTODIAN OF GREEN PASTURES, UH, IS EXTENSIVELY, EXTENSIVELY SACRIFICING PASTURES AND TREES AND EXPLOITING IT, UH, H ZONING TO GET AROUND CODE RESTRICTIONS.

SECONDLY, THE MAIN ENTRANCE TO THE HOTEL IS SOLIDLY INSIDE THE NEIGHBORHOOD INCREASING, NOT DECREASING PEDESTRIAN SAFETY, WHICH IS ALSO ANOTHER OBJECTIVE.

UH, I BOUGHT MY HOUSE ON SOUTH THIRD STREET IN 2003 AND FEEL PARTICULARLY STRONGLY ABOUT THESE ISSUES.

NEXT SLIDE, PLEASE.

GR UH, THE NEIGHBORHOOD PLAN PROVIDES THE PROPERTY WITH GR ZONING A COMMITMENT TO SERVE THE COMMUNITY NEEDS WHILE THE RESTAURANT PERHAPS DOES THE HOTEL WITHIN THE NEIGHBORHOOD DOES NOTHING TO THE COMMUNITY OF BOLDEN CREEK.

IF YOU COULD GO AHEAD.

103 ROOMS. GO AHEAD.

THE HOTEL IS DOUBLE THE AVERAGE OF A BO A A BOUTIQUE HOTEL.

UM, LET'S, THAT'S, WE'VE GOT A VERY LONG NIGHT.

THAT'S MY TIME.

WE NEED TO KEEP TO OUR TIME LIMITS.

THANK YOU.

THAT'S, THAT'S A CONCLUSION.

IT WOULD BE TO, UH, RESPECT THE NEIGHBORS AND GO AHEAD AND BUILD SOMETHING SMALLER.

OKAY.

THANK YOU.

THANK YOU.

THANK YOU.

WE'LL NOW HEAR FROM MR. STEVE BING ON TELECONFERENCE.

MR. BINGING SELECT STAR SIX, FOLLOWED BY ROGER BOZEN.

YES, MY NAME IS STEVE BINGING.

UM, I'M NOT SURE OF THE VALUE OF MY INPUT AFTER HEARING MY LANE AND SIMON, BUT I, UH, I BELIEVE, AND ALSO I BELIEVE THE SUBSEQUENT SPEAKERS WILL TALK ABOUT THE CODE AND VARIANCES AND ANY EXCEPTION ISSUES.

MY OBJECTIONS REALLY RELATE TO PERSONAL IMPACT ON MY FAMILY, THEIR PRIVACY AND SAFETY.

UM, MY UNDERSTANDING, AS YOU'VE HEARD BEFORE, IS THE PROPOSED HOTEL WILL BE LOCATED APPROXIMATELY 15 FEET FROM MY HOME'S REAR PROPERTY LINE.

I LIVED, MY HOUSE IS RIGHT NEXT TO SIMON'S.

UM, MY FAMILY'S LIVED HERE SINCE 2013.

UH, IT'S MY UNDERSTANDING, ESPECIALLY, UH, NEXT TO MY PROPERTY, THERE'LL BE A SECOND AND THIRD STORY BALCONY, WHICH WILL ALLOW, WILL ALLOW HOTEL USERS TO LOOK DOWN DIRECTLY INTO OUR BACKYARD, OUR LIVING ROOM WINDOWS, AND OUR PRIMARY BEDROOM WINDOWS.

UM, USERS WILL BE ABLE TO EASILY DETERMINE OUR FAMILY'S COMINGS AND GOINGS.

UH, THAT'S ESPECIALLY, UH, IMPORTANT TO ME DUE TO FREQUENT VISITATIONS OF MY FOUR YEAR OLD GRANDDAUGHTER.

SO, UH, BOTTOM LINE IS THAT MY OBJECTIONS RELATE TO PERSONAL IMPACT, UH, PRI PRIVACY AND SAFETY.

AND I'M SURE THAT IS ALSO SHARED BY MY NEIGHBORS.

THANK YOU.

THANK YOU.

WHILE I HEAR FROM ROGER BORJA, FOLLOWED BY MATTHEW O'HARE.

GOOD EVENING CHAIRMAN, COMMISSIONERS.

UH, MY NAME IS ROGER BORGELT.

AND, UH, I AM NOT A NEIGHBOR.

I WAS ACTUALLY HIRED BY MS. BLOOD SHEF AND HER NEIGHBORS, UH, TO HELP THEM IN THIS PROCESS.

AND, UH, A LOT OF WHAT, UH, A LOT OF WHAT I WAS GOING TO SAY HAS ALREADY BEEN SAID.

SO I'M GONNA KIND OF BACK UP AND LOOK AT THE BIGGER PICTURE A LITTLE BIT AND THEN KIND OF ENUMERATE A COUPLE OF THINGS I REALLY THINK YOU NEED TO TAKE INTO CONSIDERATION.

FIRST AND FOREMOST, UH, THIS OPPOSITION IS, IS NOT ABOUT THE GREEN PASTURE'S RESTAURANT.

IT'S NOT ABOUT MADDIE'S, UH, THAT IS, WAS SUBJECT TO A RENOVATION.

AND IT WASN'T EVEN SUBJECT TO THE ORIGINAL 2015 SITE PLAN APPLICATION THAT WE'RE TALKING ABOUT HERE THAT'S BEEN EXTENDED.

UH, I'VE BEEN GOING TO GREEN PASTURE SINCE I WAS A SMALL CHILD.

I DON'T EVEN WANNA SAY

[01:40:01]

HOW MANY YEARS THAT IS.

AND, AND I'VE BEEN GOING TO MATTY SINCE, AND IT'S A WONDERFUL HISTORIC PROPERTY.

THEY'VE DONE A WONDERFUL JOB WITH THE RESTAURANT.

NOBODY HAS ANY CONTENTION WITH THAT.

AND THAT'S, THAT'S JUST NOT AT ALL WHAT WE'RE HERE ABOUT TONIGHT.

UH, WHAT WE'RE HERE ABOUT TONIGHT IS THAT ESSENTIALLY, UH, THIS APPLICANT IS TRYING TO USE THE, THE GOOD FAITH PROVISION OF THE CODE TO STACK AN EXTENSION UPON AN EXTENSION UPON AN EXTENSION SO THAT THEY DON'T HAVE TO COMPLY WITH COMPATIBILITY CODE AMENDMENT THAT WAS MADE 2016, THAT'S SEVEN YEARS AGO.

SO WE'RE TALKING ABOUT COMPATIBILITY REQUIREMENTS THAT HAVE BEEN IN PLACE FOR SEVEN YEARS.

THEY DON'T WANT TO COMPLY WITH THESE THINGS.

AND THE RESULT OF IT IS WHAT SOME OF THE OTHER FOLKS IN, IN OPPOSITION HAVE ALREADY TALKED TO YOU ABOUT.

WE'VE GOT, UH, WE'VE GOT PEOPLE WITH THAT ARE GONNA BE FACED WITH HOTEL ROOMS AND BALCONIES LOOKING DIRECTLY DOWN INTO THEIR BACKYARDS BECAUSE OF THIS 15 FOOT SETBACK.

I DON'T HAVE TO TELL YOU, BUT I WILL, THAT IF THEY HAD TO COMPLY WITH THE, THE CURRENT CODE, OR EVEN THE 2017 CODE, IF WE, YOU KNOW, IF WE WANNA GO BACK AND APPLY THAT AFTER THIS AMENDMENT WAS MADE, THESE SETBACKS WOULD BE, THEY'D BE 50 FEET, THEY'D BE 50 FEET AWAY FROM THESE PROPERTY LINES.

AND YOU WOULDN'T HAVE ALL OF THESE PEOPLE IN OPPOSITION TO THIS.

EVERYBODY WOULD BE HAPPY.

THIS IS A FAIRLY LARGE SITE.

UH, THIS IS NOT, UH, WE'RE NOT TALKING ABOUT A LITTLE TINY, YOU KNOW, ONE OR TWO ACRE SITE.

UH, THERE'S A LOT OF PROPERTY HERE.

UH, WE, WE'VE HEARD ALL OF THE REASONING WHY, WHY NOTHING WAS DONE FOR EIGHT YEARS.

AND, AND, AND THAT'S UNFORTUNATE.

AND, YOU KNOW, UH, OBVIOUSLY WE, YOU KNOW, WE CAN'T DO ANYTHING ABOUT THAT.

BUT WE CAN DO IS ENFORCE WHAT WAS APPARENTLY SEEN BY THE PLANNING COMMISSION.

AND THE CITY COUNCIL AT THE TIME IS TO ENFORCE A FAIRLY SERIOUS CODE AMENDMENT THAT WAS PUSHED THROUGH BECAUSE PEOPLE SAW THAT IT WAS A PROBLEM, THAT WE WEREN'T ENFORCING COMPATIBILITY ON HISTORIC PROPERTIES.

SO LET'S ENFORCE COMPATIBILITY ON HISTORIC PROPERTIES, AND LET'S NOT LET PEOPLE STACK EXTENSION UPON EXTENSION TO GET BY WITHOUT DOING THAT.

THANK YOU FOR YOUR TIME.

THANK YOU.

WHEN I'LL HEAR FROM MATTHEW O'HARE, FOLLOWED BY CATHERINE HENDRICK, MR. O'HARE SELECTS STAR SIX, PROCEEDED WITH YOUR REMARKS.

HI THERE.

MY NAME IS MATT O'HARE.

UH, I LIVE AT 2309 SOUTH FOURTH STREET, WHICH, AND I SHARE THE SOUTH FENCE LINE, UH, ONLY HOME THAT SHARES THE SOUTH FENCE LINE WITH, UH, WITH GREEN PASTURES, AND HAVE BEEN THERE SINCE 2009.

UM, GREEN PASTURE'S BEEN A GREAT NEIGHBOR OF MINE.

UH, I SOLD MY EGGS TO THEM FOR MANY YEARS.

UH, A LOT OF PEOPLE PROBABLY DON'T KNOW THIS, BUT THERE'S A LOT OF HISTORY THAT EVEN JAMES BEARD LIVED THERE FOR A PERIOD OF TIME, UH, BACK I UNDERSTAND, IN THE 1940S.

SO IT'S GOT A LOT OF GREAT FOOD, UM, HISTORY AND, UH, SO MUCH TO IT.

THEY'VE BEEN A GREAT NEIGHBOR OF MINE.

WE, WE HELP EACH OTHER OUT WITH, WHEN THERE'S, YOU KNOW, PEOPLE THAT SHOULDN'T BE ON THE PROPERTY IN THE MIDDLE OF THE NIGHT BREAKING THROUGH FENCES.

I, I CONTACT THE, UH, THE FOLKS AT, AT QUEEN PASTURES LAW AND EVERYONE, UH, BACK AND FORTH WHEN THERE'S A NEIGHBORHOOD PROBLEM, WE TALK ABOUT IT, WE GET THROUGH IT, AND THEY'VE BEEN, WE, THEY'VE BEEN A REALLY GOOD NEIGHBOR.

THEY'RE, YOU KNOW, THE, THE PROBLEM, ONE OF THE BIGGEST PROBLEMS IS ON SOUTH FOURTH STREET IS THE NEIGHBORHOOD.

THE ENTIRE PROPERTY IS SURROUNDED BY NEIGHBORHOOD.

IT'S NOT, THERE'S NO COMMERCIAL STREETS THAT GO ANYWHERE NEAR IT.

AND SO THE SERVICE ENTRANCE IS, IS UP TO SOUTH FOURTH, WHICH IS A NEIGHBORHOOD OF EIGHT HOMES SURE.

THAT HAVE BEEN THERE SINCE THE 1940S.

SURE.

UH, MANY OF THEM.

AND YES, UH, WE'RE, WE'RE, WE'RE, UH, WE ARE DOWN TO A MINUTE PER SPEAKER, AND, UH, WE HAVE A FULL AGENDA.

SO PLEASE, UH, GO AHEAD AND WRAP UP YOUR THOUGHTS QUICKLY SO WE CAN MOVE ON TO THE NEXT SPEAKER.

I'M SORRY.

BASED ON THE, THE, THE CHANGE IN THE RULES THAT, THAT HAVE TAKEN PLACE, UM, UH, I, AND MANY OF OUR NEIGHBORS HAVE INVESTED IN OUR HOMES SINCE 2016.

I PUT IN 2021, WE PUT $1.3 MILLION INVESTMENT IN MY HOME BASED ON THE FACT THAT THAT HOTEL WOULD NOT BE BUILT BASED ON THE NEW RULES.

SO THAT'S JUST ME.

THAT'S ONE PROPERTY.

THANK YOU.

SO IF YOU LOOK AROUND, AND A LOT OF PEOPLE HAVE PUT MONEY INTO THE PROPERTY BASED ON THE RULES THAT ARE, IF THEY'RE IN PLACE TODAY, AND WE'RE, AND THANK YOU.

WE'LL NOW HEAR FROM, UH, THANK YOU, SIR.

WE'LL NOW HEAR FROM CATHERINE HENDRON, MS. HENDRON, YOU'LL HAVE ONE MINUTE.

I, UH, I AM KATHERINE HENDRON, AND I LIVE AT 2307 SOUTH THIRD STREET.

UH, ACROSS THE STREET FROM ME ARE THE, UH, THE NEIGHBORS WHOSE, UM, BACKYARDS

[01:45:01]

A BUTT GREEN PASTURES.

AND I'M HERE JOINING ALL MY NEIGHBORS SURROUNDING MARINE PASTURES TO REQUEST THAT THE COMMISSION DECLINE THE, THE APPLICANT'S, UH, APPLICATION FOR THE EXTENSION OF THE EXISTING SITE PLAN PERMIT FOR EIGHT 11 WEST LIVE OAK, AND INSTEAD REQUIRE CONFORMITY WITH AUSTIN'S CURRENT LAND DEVELOPMENT CODE.

UM, GREEN PASTURES AND ITS , WHO HAS NOT BEEN MENTIONED TONIGHT, UM, ARE PART OF THE REASON THAT I MOVED TO AUSTIN.

UM, MY SON AND DAUGHTER-IN-LAW INVITED ME TO COME IN 2020.

AND BY APRIL OF 2021, I HAD A CONTRACT ON A LITTLE HOUSE IN GOLDEN CREEK.

OKAY.

I'M SORRY, MA'AM.

WE'RE OUT OF TIME.

UH, THAT'S THE MINUTE.

AND I'M GONNA MAKE A QUICK ANNOUNCEMENT.

I'M SO SORRY WE CAN'T GIVE THREE, FIVE MINUTES TO EVERY SPEAKER.

I WISH WE COULD, BUT, UH, THESE ARE OUR RULES.

WE ARE, UH, VERY BUSY.

WE HAVE A LOT OF CASES EVERY TIME.

AND I, UM, SO WE NEED TO REALLY, IF YOU HAVE A THREE MINUTE SPEECH, YOU GOTTA CONDENSE IT DOWN TO A MINUTE.

SO PLEASE THOSE, UM, VIRTUALLY, UH, MAKE YOUR MAIN POINTS, UH, THE MOST IMPORTANT THINGS.

AND, AND YOU HAVE A MINUTE.

THAT'S ALL WE HAVE TO GIVE YOU THIS EVENING.

UH, VERY SORRY FOR THAT.

BUT, UH, LET'S GO AHEAD AND HEAR THE NEXT SPEAKER.

THANK YOU, CHAIR.

WE'LL NOW HEAR FROM EVAN CHER, FOLLOWED BY ELIZABETH WINKLER.

ALL RIGHT, GREAT.

UH, THANKS COMMISSIONERS.

AND, UM, YOU KNOW, I DON'T REALLY KNOW HOW MUCH MORE WE CAN ADD HERE TODAY.

I MEAN, WE'VE GOT A HUGE OUTPOURING OF SUPPORT HERE FROM THE NEIGHBORHOOD.

UM, AND WHAT DOES THE NEIGHBORHOOD MEAN? WELL, OBVIOUSLY, THIS IS WHERE WE LIVE.

THIS ISN'T A BUSINESS.

UM, YOU KNOW, THERE'S A LOT THAT WAS HEARD BY THE SYNDICATE OF INVESTORS HERE ABOUT PUSHING THE PROPERTY TO THE PROPERTY LINE.

THAT'S OUR HOUSES.

THOSE ARE OUR HOMES.

UM, AND I KNOW THEY'RE TRYING TO MAXIMIZE THEIR PROFIT.

THEY'RE TRYING TO MAXIMIZE THEIR USABLE AREA.

UM, BUT, UM, YOU KNOW, THIS IS IMPACTING REAL PEOPLE'S LIVES.

THREE HOUSES DOWN AS A KINDERGARTEN, JUST A LITTLE BIT FURTHER DOWN AS BECKER ELEMENTARY SCHOOL.

UM, AND SO I THINK THAT WE REALLY NEED TO THINK ABOUT THE HUMAN ELEMENT AND THE IMPACT THAT WE HAVE HERE.

UM, YOU KNOW, I JUST, I I JUST THINK HERE THAT, UM, YOU KNOW, THIS DOESN'T MAKE SENSE.

UM, YOU KNOW, WE HAVE THIS HUGE THREE STORY HOUSE, 15 FEET AWAY FROM OUR HOMES.

MY WIFE JACKIE IS HERE WITH ME SUPPORTING US.

UM, THIS HOTEL'S GONNA LOOK DIRECTLY INTO OUR BATHROOM.

IT'S GONNA LOOK DIRECTLY INTO OUR BEDROOM.

UM, YOU KNOW, I USED TO LIVE IN LONDON.

THEY TALKED ABOUT TAXING ON, ON WINDOWS AND LIGHT.

UM, WE'RE GONNA HAVE TO BASICALLY BOARD UP OUR, OUR WINDOWS AND LIGHTS, UH, OUR, OUR, OUR WINDOWS SO THAT, UH, WE CAN HAVE SOME SENSE OF PRIVACY.

SO ANYWAY, THANK YOU.

THANK YOU.

THANK YOU ALL HEAR FROM ELIZABETH WINKLER.

HI.

I LIVE SO CLOSE TO GREEN PASTURES THAT I LITERALLY HEAR COUPLES TANKING THEIR VOWS FROM MY YARD.

I ACTUALLY SIT IN MY YARD AND THEN I CHEER FOR THEM WHEN THEY SAY I DO, BECAUSE IT'S FUN.

UM, I LOVE GREEN PASTURES.

I'M THERE ALL THE TIME.

I LOVE THE STAFF.

I LOVE THE RESTAURANT.

AND I ACTUALLY WOULDN'T MIND LIVING RIGHT NEXT TO A HOTEL.

I LOVE SAN CECILIA.

I LOVE, UM, SAN JOSE.

AND I REALLY THINK THAT THIS PLACE COULD BE BOTH COMMERCIALLY VIABLE AND AN INCREDIBLE ASSET TO THE NEIGHBORHOOD IF IT WERE JUST TWO STORIES HIGH.

AND WERE TO COMPLY WITH THE RULES THAT ARE IN PLACE TODAY.

AND SO I ASK YOU TO TAKE THAT INTO CONSIDERATION.

AND WE'VE ALSO, MY HUSBAND AND I HAVE EVEN, UM, OFFERED TO INVEST IN THE PROJECT AS WELL, IF IT WERE TO BE A TWO STORY PROJECT.

SO THANK YOU FOR YOUR TIME.

THANK YOU, CHAIR.

AND I WANT TO, UH, NOW CHECK THE, UH, CHAMBERS TO MAKE SURE WE DON'T HAVE ANY SPEAKERS.

I MAY HAVE LOST SOME REGISTRATION DATA.

UM, DO WE HAVE ANY ADDITIONAL SPEAKERS? NO.

OKAY.

ALL RIGHT.

CHAIR THAT, UH, WE'LL NOW HEAR FROM THE APPLICANT FOR A THREE MINUTE REBUTTAL.

THANK YOU.

ALL THREE NICE COMMENTS ON QUEEN PASTORS.

WE APPRECIATE IT.

STAFF WORK REALLY HARD FOR THAT.

UM, I WANNA ADDRESS THE CONCERNS AND, AND BASICALLY IT'S DIFFICULT ON THE SPOT HERE, BUT A TWO STORY BUILDING THAT IS PERFECTLY LEGAL SET BACK ANOTHER NINE FEET FROM WHERE WE ARE CURRENTLY IS STILL GONNA LOOK INTO YOUR BEDROOMS. SO YOU, I'M, YOU STILL WANT TO INVEST WHEN WE GO TO STORIES? YEAH, ME, I'M SORRY.

I MEANWHILE, I HOPE YOU COULD HEAR, 'CAUSE I WAS HAVING DIFFICULTY HEARING BACK THERE.

DID YOU NOT HEAR ANY OF THAT? YES.

N NO, PLEASE SPEAKING TO THE MICROPHONE.

UM, THANK YOU.

WHAT I WAS SAYING IS THAT TO

[01:50:01]

PUT A TWO STORY BUILDING, FIRST OF ALL, ECONOMICALLY, IT, IT, IT SIMPLY DOESN'T WORK.

IT WILL KILL GREEN PASTURES IF THAT WERE THE CASE.

AND A TWO STORY BUILDING IS STILL GONNA LOOK RIGHT INTO THE WINDOWS WHERE EVERYBODY'S CONCERNED.

WE HAVE TO MOVE.

NINE WOULD HAVE TO MOVE NINE FEET BACK AND YOU'RE STILL LOOKING IN.

SO IT DOESN'T REALLY SOLVE ANYTHING.

UM, THE CONDO THAT'S TALLER THAN OUR THING IS 10 FEET AWAY FROM OUR SITE.

UM, AND WE DID BUILD INFRASTRUCTURE.

YOU CAN SEE IT FROM GOOGLE MAPS IF YOU WANT TO TAKE THE TIME TO LOOK.

UM, AND WE LOVE OUR PEACOCKS TOO, WITH ALL DUE RESPECT TO THE OPPOSED HERE, WHICH I DO RESPECT.

AND I LOVE THE FACT THAT THEY LOVE OUR PROPERTY.

UNDERSTAND, WITHOUT DOING THIS, YOUR PROPERTY, OUR PROPERTY DOES NOT EXIST.

I'VE DONE HISTORIC RESTORATION ALL OVER THE STATE.

THE ONE GROUP THAT IS MISSING CONSPICUOUSLY FROM THIS CHAMBER IS THE BOLD CREEK NEIGHBORHOOD ASSOCIATION.

THEY'RE NOT SHY ABOUT TALK, COMING AND TALKING TO Y'ALL.

A FEW MONTHS AGO I CONTACTED B C N A PRESIDENT AND THE CHAIR OF THE ZONING COMMITTEE.

THERE ARE NEIGHBORS TOO, RIGHT? WE'RE IN PART OF THE NEIGHBORHOOD.

AND I ASKED FOR HELP TO COMMUNICATE TO ANYBODY IN THE NEIGHBORHOOD WHO HAD ANY QUESTIONS OR CONCERNS ABOUT AUDITION.

THEY HAD A VERY SIMPLE RESPONSE TO ME.

THEY SAID, JEFF, WE BELIEVE YOU HAVE EVERY RIGHT TO BUILD THIS PROJECT AND WE'RE NOT GONNA GET INVOLVED.

ALSO, THIS IS EXACTLY WHAT WE TOLD A COUPLE OF NEIGHBORS THAT ASKED ALREADY.

THE CHAIR OF THE ZONING COMMITTEE THEN SUGGESTED IF WE WANTED, WE COULD ON OUR OWN, INVITE EVERYONE TO A MEETING WHO LISTED THEMSELVES A CONCERNED CITIZEN AND THE NEIGHBORS WHO ARE ALL AROUND OUR PERIMETER.

AND WE DID JUST THAT.

47 HANDWRITTEN INVITATIONS MAILED OUT BY OUR TEAM, UH, AND MAILED IT OUT MAY 31ST FOR, UH, APPETIZERS AND COCKTAILS.

ON JUNE 15TH, WE HAD 19 PEOPLE ATTEND, WHICH WAS GREAT.

THREE FROM THE CONCERNED CITIZENS LIST THAT WAS PROVIDED.

THE CITY, UH, THE GOOD NEWS IS WE HAVE A GREAT TOUR OR TWO HOURS OF GOOD CONVERSATION.

MANY OF THE COMMENTS THAT WERE HERE WERE TALKED ABOUT.

UM, UH, SOME WEREN'T.

WE, WE RESPONDED TO PARKING THAT WE'VE ADDED IN THE NEW PLAN BECAUSE THAT WAS SOMETHING THAT PEOPLE WERE CONCERNED ABOUT ORIGINALLY.

WE PUT IT UNDER THE BUILDING TO ADD TO IT NOISE.

I ASSURED PEOPLE THAT WE HAVE RESIDENTS THAT ARE CLOSER THAN ANY OF YOU THAT ARE LIVING 24 HOURS AND WON'T PAY THEIR BILLS.

IF WE'RE NOISY DURING CONSTRUCTION, IT'S THE SAME THING.

WE'RE NOT GONNA RUIN OUR, THE EXPERIENCES LAURA WOULD NEVER SEE TO IT.

CONSTRUCTION STOPS.

WE'RE GONNA BE VERY, VERY RESPECTFUL, UH, REALLY QUICKLY.

'CAUSE I KNOW YOUR TIME'S VALUABLE.

THE PUBLIC WANTED TO KNOW IF OUR POOL WOULD BE OPEN TO THEM.

THAT WAS SOMETHING THAT WAS IMPORTANT TO THEM.

THEY WANTED KNOW IF OUR RESTAURANT WOULD BE OPEN TO THEM.

AND IT CERTAINLY IS.

ONE NEIGHBOR WHO HEARD ABOUT THE EVENT AFTERWARDS ASKED ME FOR AN UPDATE.

THEY DIDN'T ATTEND AND I CALLED THEM, TOLD 'EM ABOUT THE PROJECT.

SHE SAID SHE COULDN'T BE HERE TONIGHT, BUT I COULD TELL YOU HER NAME.

AND IT'S TIA SALES, A REAL ESTATE BROKER WHO LIVES AT 8 0 5 WEST LIVE OAK AND ALSO OWNS A RENTAL PROPERTY AT 8 0 7.

WE'RE AT 8 8 11.

RIGHT.

SHE'S JUST A COUPLE DOORS DOWN.

SHE SAYS, AS A PROFESSIONAL, SHE BELIEVES THE INTER GREEN PASTURES IMPROVES PROPERTY VALUES.

IT DOESN'T, SIR.

THAT'S IT.

WE GOT, I APPRECIATE THAT.

THANK YOU VERY MUCH.

SORRY.

GOTTA KEEP IT MOVING.

NOT TO US ALL.

ALRIGHT, PLEASE.

OKAY, LET'S GO AHEAD.

UM, DO A MOTION TO CLOSE PUBLIC HEARING.

UH, COMMISSIONER AZAR, SECONDED BY COMMISSIONER MAXWELL.

UH, ANY OPPOSITION.

OKAY.

ALL RIGHT.

LET'S, UH, GO AHEAD, COMMISSIONERS.

UH, SURE.

WE'LL HAVE SOME QUESTIONS ON THIS ONE.

WHO WANTS TO START US OFF? OKAY, I'M GONNA KICK US OFF.

UH, COMMISSIONER COX, GO AHEAD AND KICK US OFF.

UH, QUESTION FOR STAFF.

UM, IN THE BACKUP, IT, IT APPEARED THAT THE APPLICANT'S, I GUESS, ENGINEER CONFIRMED THAT THEY DO MEET THE UPDATED, UH, ATLAS 14 RAINFALL INTENSITY, UH, DRAINAGE CRITERIA AND THEN ALSO THE GREEN INFRASTRUCTURE CRITERIA.

IS THAT CORRECT? DO YOU WANNA DO THAT? UM, THAT IS CORRECT.

AND, AND SO JUST BASED ON EVERYTHING THAT WE'VE HEARD PLUS THE BACKUP, IT SOUNDS LIKE FROM A STORM WATER COMPLIANCE PERSPECTIVE, THEY, THEY COMPLY WITH CURRENT CODE, BUT THEY DON'T, THE ONE AREA WHERE THEY DO NOT COMPLY IS, IS THE CURRENT COMPATIBILITY STANDARDS.

IS THAT CORRECT? CORRECT.

IS THERE ANY OTHER KIND OF MAIN AREAS OF CODE WHERE THEY DON'T COMPLY WITH THEIR CURRENT SITE PLAN? NO.

I'M SORRY, WHAT WAS THAT? NO, THEY COMPLY WITH EVERYTHING ELSE.

OKAY.

THANK YOU.

UH, ANY ADDITIONAL QUESTIONS? I HAVE A FEW.

I JUST HAVE ONE VICE CHAIR.

HEMPEL, GO AHEAD.

UM, MY QUESTION IS FOR THE APPLICANT, UM,

[01:55:01]

WHAT IF YOU HAD TO GO BACK AND REDESIGN, AND I'M IN THE DESIGN WORLD, SO I'M KIND OF GETTING YOUR TAKE ON THIS.

WHAT IS THE DELAY? THE FURTHER DELAY IS ANOTHER YEAR FOR DESIGN ENGINEERING SITE PERMIT.

ALRIGHT, THANKS FOR THE QUESTION.

GEORGE WILCOX AGAIN WITH CLAYTON KORTE.

UM, THAT'S A PRETTY ACCURATE, UH, IDEA OF TIMEFRAME.

IT WOULD, IT'S HARD TO GET ANYTHING DONE IN LESS THAN A YEAR IF YOU START OVER AND DESIGN.

UM, AND JUST TO TO NOTE THERE, THE SITE IS FAIRLY WELL CONSTRAINED OTHERWISE, PRIMARILY WITH, UM, TREES.

WE'VE GOT OVER 220 TREES ON THE PROJECT SITE.

26 OF THOSE ARE HERITAGE TREES.

AND OBVIOUSLY WE ARE NOT TOUCHING ANY OF THOSE, BUT STRIVING TO PROTECT THEM.

SO ABOUT A YEAR WOULD BE ACCURATE IF, IF WE COULD FIND A WAY TO MAKE A VIABLE PROJECT.

THAT'S RIGHT.

AND I'M, I'M SURE YOU WOULDN'T BE DOING THOSE SERVICES PRO BONO EITHER.

UM, SO THAT MEANS THE PROJECT MAY NOT WORK.

UM, I'VE BEEN ON PLENTY OF PROJECTS THAT WERE SCRAP BECAUSE THE NUMBERS DIDN'T WORK.

UM, SO, UM, JUST SOMETHING TO NOTE.

AND ALSO I WAS DRIVING AROUND GOOGLE EARTH AND UM, I'M NOT SURE IF THE FLOOR PLATE HEIGHTS ON THE THREE STORY, BUT THERE ARE PLENTY OF THREE, THREE STORY HOMES IN THE AREA OR VERY TALL FLOOR PLATE.

TWO STORIES JUST TO NOTE.

THANK YOU.

THANK YOU.

OKAY, THANK YOU.

UM, I GUESS I'LL GO, MY QUESTIONS IS FOR, UH, LET'S START WITH THE APPLICANT.

SO, AND THEN I WILL HAVE A QUESTION FOR STAFF.

SO THIS IS REGARDING THE HEIGHT AND, UM, AND SOME SITE PLANS YOU MAY HAVE EXPLORED.

SO, UM, WHAT IS THE HEIGHT AT THE, UH, AT THE 15 FOOT DISTANCE OUT THE PROPERTY LINE FROM THE SINGLE FAMILY HOMES? SO WE ARE, UM, JUST UNDER THE ZONING HEIGHT OF 40 FEET IS THE MAX HEIGHT.

SO WE'RE JUST UNDER THAT BY OKAY.

40 FEET AT 15 FEET IS YES, SIR.

OKAY.

16 IS OUR ACTUAL SETBACK ON THAT EAST PROPERTY, RIGHT? 16.

OKAY.

YES SIR.

AND DID YOU, HAVE YOU LOOKED AT ANY OTHER, UM, ARRANGEMENTS? I LIKE THE IDEA THAT YOU'RE TRYING TO KEEP THE TREES, UH, AND, BUT IT LOOKS LIKE THIS WAS DRIVEN AROUND ORIGINALLY TRYING TO GIVE SOME DISTANCE BETWEEN THE HISTORIC PROPERTY, UH, ORIGINALLY THAT'S RIGHT.

AND THEN NOW YOU DON'T NEED TO HAVE THAT DISTANCE.

HAVE YOU LOOKED AT ANYTHING THAT, UM, GIVES A LITTLE EXTRA SETBACK? UH, YOU KNOW, I MEAN, WE'RE LOOKING AT, WE'VE LOOKED AT THIS COMMISSION, LOOKED AT THINGS OF LIKE, UM, YOU KNOW, 25 FOOT, SOMETHING LIKE THAT.

THAT GIVES US A LITTLE MORE SPACE.

WE HAVE NOT EXPLORED THOSE OPTIONS BECAUSE WE WERE PURSUING THE ENTITLEMENTS THAT WE WERE GRANTED.

OKAY.

UM, I WILL SAY THOUGH, UM, I LOST IT.

SORRY.

I, I'LL, I'LL GO AND I NEED THE QUESTION FROM STAFF.

YES, SIR.

SO THAT'S IT.

THANK YOU.

UM, STAFF I HAVE A QUESTION ON, I DID GET A RESPONSE TO ONE OF MY QUESTIONS AND, UM, AS TO WHETHER THEY MEET ALL THE CONDITIONS AND IT'S THE WAY I READ IT.

UM, THE, ONE OF THE REQUIREMENTS THE APPLICANT CONSTRUCTED AT LEAST ONE STRUCTURE SHOWN ON THE ORIGINAL SITE PLAN THAT IS SUITABLE FOR PERMANENT OCCUPANCY OR THE FIRST PHASE OF THE SITE PLAN IS COMPLETE.

SO, UM, THERE HASN'T BEEN ANY CONSTRUCTION OF A STRUCTURE.

THEY JUST DID A REMODEL.

I DON'T THINK THAT COUNTS.

UH, SO, UH, THE OTHER PART, DID THEY COMPLETE THE FIRST PHASE OF THE SITE PLAN? IS THAT COMPLETE? GOOD EVENING COMMISSIONERS.

CHRISTINE BARTON HOLMES, MANAGER OF THE SITE PLAN TEAM.

THE REQUIREMENTS FOR AN EXTENSION ARE NOT CUMULATIVE.

THEY'RE, OR, OR, OR, AND THERE ARE FOUR POSSIBLE THINGS THAT THEY NEED TO MEET.

STAFF BELIEVES THAT THEY'VE MET TWO OF THEM.

OKAY.

GOOD.

FAITH AND INFRASTRUCTURE.

ALL RIGHT.

SO THEY DON'T NEED TO MEET ALL THOSE CONDITIONS.

NO, THEY DON'T NEED JUST ONE OUT OF THE FOUR.

ONE OUT OF THE FOUR.

WE BELIEVE THEY MEET TOO.

OKAY.

THANK YOU.

THAT'S ALL THE QUESTIONS I HAVE.

I I DON'T HAVE A, UH, MA'AM.

IT IS, WELL, WELL, LET'S SEE.

HOLD ON.

I STILL HAVE SOME MORE TIME.

YOU WANNA COME UP? YES.

UH, GO AHEAD AND, UM, MAKE YOUR COMMENT.

WELL, I'M GONNA RUN OUTTA TIME HERE, SO YOU'VE GOTTA HURRY .

I'LL BE, I'LL BE VERY QUICK ON THIS.

I'M TALKING ABOUT THESE FOUR, UH, CONDITIONS.

SO THE FIRST ONE, THEY'RE OBVIOUSLY NOT TO CURRENT CODE.

THE SECOND ONE IS GOOD FAITH.

IT NORMALLY COMPRISES, THEY HAVE FOUND FINANCE, UH, FINANCING.

THEY START BUILDING.

THEY HAD ALL THE PERMITS.

OBVIOUSLY FROM MY POINT OF VIEW, THEY DON'T COMPLY WITH THIS ONE.

THE THIRD ONE IS NO STRUCTURE

[02:00:01]

WAS BUILT.

VERY OBVIOUS.

I, UH, TOUCHED THE PICTURE.

THE FOURTH ONE IS THE INFRASTRUCTURE.

I DID A LOT OF RESEARCH ON THE INFRASTRUCTURE.

IT WAS NOT OBVIOUS FOR ME AT ALL THAT THEY HAVE BUILT ANYTHING EXTRA BECAUSE THE INFRASTRUCTURE THEY RENOVATED FOR THE, UH, RESTAURANT DOESN'T COUNT.

RESTAURANT IS NOT FA PHASE ONE, FIRST PHASE OF THE SITE PLAN.

THE SITE PLAN DOESN'T MENTION AT ALL.

OKAY.

THE RESTAURANT.

SO I HAVE BEEN ONE WAS THOUGHT.

I HAVE BEEN ASKING, NO, I CAN'T.

I'M AT CONSISTENTLY THE CITY PLANNERS I'M AT OF TIME.

PLEASE, WE GOTTA KEEP THE ORDER TO MOVE ON.

VERY SORRY.

THERE IS NO PROOF THAT THEY HAVE BUILT.

PLEASE.

I THINK WE GOT YOUR POINT.

UH, THANK YOU.

YEAH, WE, MY AMOUNT OF TIME IF OTHER COMMISSIONERS HAVE QUESTIONS, THEY CAN BRING YOU UP HERE.

SO, I'M SORRY MR. HAYNES HAS A QUESTION.

COMMISSIONER HAYNES, PLEASE MA'AM, WILL YOU COME BACK UP AND DO YOU WANNA TURN YOUR MIC ON? YEAH, I'LL TURN MY MIC ON IF YOU WANNA COME UP AND I'LL GIVE YOU ANOTHER MINUTE.

GO AHEAD AND FINISH YOUR THOUGHT.

OH, PLEASE.

THANK YOU.

SO, UM, WE, I DIDN'T, I DID, UH, EXTENSIVE RESEARCH, UH, BECAUSE AS I SAID, THEY RENOVATED THE INFRASTRUCTURE TO THE RESTAURANT AND, UM, THE RESTAURANT DOESN'T COUNT.

IT'S NOT PART OF THE SITE PLAN.

YOU CAN READ ON WHAT IS THE SCOPE OF THE SITE PLAN.

SO, UM, THEN I HAVE BEEN ASKING THE CITY PLANNERS FOR THREE MONTHS AT LEAST.

CAN YOU PROVE THAT THEY OVERSIZED ANY OF THE INFRASTRUCTURE OVERSIZED FOR THE HOTEL IN PARTICULAR? AND THERE IS NO DATA, NO PROOF, NO BACKUP, AND THERE HASN'T BEEN ANY RESPONSE THERE.

THE LAST RESPONSE I GOT FROM THE CITY PLANNER WAS ACTUALLY WE WILL, WE'LL, UH, WE WILL USE ONLY GOOD FAITH.

PERFECT.

THAT THE INFRASTRUCTURE IS INCLUDED IS SOMETHING COMPLETELY NEW TO ME.

THE WORST RESPONSE I HAVE IS FROM WEEK AGO.

AND IT WAS ONLY GOOD FAITH.

THANK YOU.

AND I HAVE BEEN REQUESTING DATE.

THANK YOU.

AND MA'AM, CAN I GET THE CITY STAFF BACK UP? THANK YOU.

CAN YOU FURTHER EXPLAIN GOOD FAITH TO ME? TELL ME, TELL ME ADDRESS HER CONCERNS.

MM-HMM.

, TELL ME WHAT THEY HAVE DONE TO, TO YOU ARE SOLD ON THEIR GOOD FAITH.

TELL ME ABOUT THAT PLEASE.

GOOD FAITH, WE HAD THIS DISCUSSION RECENTLY AMONG THE SITE PLAN TEAM.

AS EVERYONE IN THIS ROOM KNOWS, GETTING A SITE PLAN IS A LENGTHY, EXPENSIVE AND ONEROUS PROCESS.

IT'S NOT SOMETHING ANYONE WOULD DO VOLUNTARILY.

AND ESPECIALLY THE LAST FEW YEARS WITH COVID, STAFF TURNOVER, ET CETERA, ET CETERA, ET CETERA.

WE CONSIDER THE ACT OF HAVING GONE THROUGH THE SITE PLANNING PROCESS AND GETTING A PERMIT AND THEN GETTING THAT PERMIT EXTENDED AGAIN BY THE ADMINISTRATIVE PROCESS TO BE A GOOD FAITH EFFORT.

THEY WOULD NOT KEEP GOING AND GOING WITH THIS SITE PLAN OR ANY SITE PLAN IF THEY DID NOT INTEND TO CONSTRUCT IT.

AND THEY ALSO HAVE THEIR BUILDING PERMIT, WHICH IS, UH, AT LEAST ACCORDING TO THE APPLICANT, READY TO BE PICKED UP, WHICH IS ANOTHER END, A PART OF THAT GOOD FAITH EFFORT.

THEY HAVE GONE THROUGH THE CITY PROCESSES.

OKAY.

HAVE THEY TURNED DIRT? THEY HAVE TURNED DIRT ON SOME INFRASTRUCTURE.

AND TO FURTHER EXPLAIN STAFF'S POSITION ON THAT, WE DON'T COUNT ANYTHING THAT'S HAPPENED AS A REHAB.

WE DON'T COUNT ANYTHING THAT'S IN THE EXISTING BUILDING BECAUSE THAT'S EXISTING.

IT'S BUILDING PERMITS.

WE ONLY LOOK AT INFRASTRUCTURE THAT WOULD SERVE THE APPROVED DEVELOPMENT THAT IS PART OF THE SITE PLAN.

OKAY.

SO THANK YOU.

THE HOTEL.

THANK YOU.

OKAY.

UM, HOLD ON, WE HAVE TO GO TO THE NEXT COMMISSIONER.

AND IT'S THERE QUESTIONS.

SO COMMISSIONER CONLEY, YOU'RE THE LAST ONE, BUT WE CAN, WE CAN ENTERTAIN MORE IF WE NEED.

GO AHEAD.

UM, I HAVE A QUESTION FOR THE APPLICANT AND SPECIFICALLY FOR THE ARCHITECT THAT WORKED FOR THE APPLICANT.

UM, I WAS, YOU KNOW, YOU, YOU TOUCHED ON THIS IN YOUR INITIAL PRESENTATION, BUT I WAS WONDERING IF YOU COULD JUST WALK US THROUGH A LITTLE BIT MORE OF THE TIMELINE, THE DELAYS, SOME OF THE SETBACKS AND WHAT YOU HAVE BEEN WORKING ON OVER THE PAST YEARS.

SURE.

ABSOLUTELY.

UM, SO ONCE THE PHASE ONE, MATT'S WAS COMPLETE, AND THAT WAS OUR TERMINOLOGY, IT'S NOTHING TO DO WITH THE SITE PLAN, BUT ONCE MATTY'S RENOVATION WAS COMPLETE, UM, WE WERE THEN RELEASED TO DESIGN TWO NEW HOTEL BUILDINGS.

AND WE GOT THOSE ACTUALLY THROUGH BUILDING PERMIT AS WELL.

THOSE TWO BUILDINGS WERE PRICED OUT BY A GENERAL CONTRACTOR AND THE COST WAS PROHIBITIVE.

IT WAS NOT ABLE TO BE, UM, DEVELOPED WITH FINANCING AND SO FORTH.

SO THE PROJECT THEN WENT ON HOLD FOR A BIT.

WE, IN 2019 LOOKED AT A REDESIGN TO MAKE A MORE ECONOMICAL BUILDING AND WE GOT SOME PRICING ON THAT FROM A SCHEMATIC LEVEL.

AND, UM, I BELIEVE THE DEVELOPER WAS READY TO MOVE FORWARD WHEN COVID HIT.

SO WE CAME OUT OF COVID AND RESTARTED THE PROJECT A LITTLE, LITTLE OVER A YEAR AGO, COMMISSIONER, UM, AND DEVELOPED THE, THE BUILDING DRAWINGS, WORKED ON THE SITE PLAN EXTENSION CORRECTIONS ASSOCIATED AND, UM, SUBMITTED

[02:05:01]

FOR BUILDING PERMIT EARLIER THIS YEAR.

AND OUR BUILDING PERMIT IS READY TO BE PICKED UP.

ALRIGHT, THANK YOU.

UM, SO THAT, THAT ALL SEEMS VERY, UH, UNDERSTANDABLE GIVEN C O V AND ITS IMPACTS ON DEVELOPMENT, SIMILAR PROJECTS.

UM, SO I APPRECIATE THAT CONTEXT.

THANK YOU.

AND I HAVE ONE QUESTION FOR STAFF.

UM, THANK YOU.

THERE'S BEEN A LOT OF DISCUSSION ABOUT, UH, THE COMPATIBILITY PIECE AND OF COURSE, UM, COUNCIL HAS INITIATED, UM, A PROCESS TO CHANGE OUR COMPATIBILITY RESTRICTIONS.

UM, BUT YOU KNOW, ASIDE FROM THE, THE, THE WORK THAT IS CURRENTLY ONGOING TO UPDATE OUR CODE, THE CURRENT COMPATIBILITY STANDARDS THAT WE HAVE, COULD YOU SPEAK TO HOW THOSE COMPARE TO OTHER COMPATIBILITY STANDARDS THROUGHOUT THE COUNTRY? NOT OFF THE TOP OF MY HEAD, NO.

I'M SORRY.

UH, I KNOW THAT IN GENERAL THE AUSTIN COMPATIBILITY STANDARDS ARE VERY STRICT, UH, COMPARED TO OTHER CITIES WITHIN THE COUNTRY.

BUT I COULDN'T REALLY SPEAK TO ANY DETAILS.

IT'S AN INTERESTING QUESTION THOUGH.

OKAY.

THANK YOU.

THOSE ARE ALL MY QUESTIONS.

OKAY.

UM, SO STEPH, JUST IN FRAMING UP OUR, UH, MOTION, AND I THINK I KNOW THE ANSWER TO THIS, BUT WE ARE BEING ASKED MERELY TO EXTEND THE SITE PLAN, BUT WE CANNOT, UM, INSTITUTE ANY OTHER SETBACKS REQUIREMENTS UPON THAT SITE PLAN.

IS THAT, IS THAT ACCURATE? THAT THAT IS ACCURATE? YEAH.

OKAY.

THE XT IS JUST FOR TIME ONLY.

ALL RIGHT.

SO WE DON'T, THERE'S NOTHING, YEAH.

SO COMMISSIONERS, WHEN YOU'RE FRAME UP A MOTION, WE CAN'T, UH, PUT ANY OTHER CONDITIONS ON THE SITE PLAN.

OKAY.

SUCH AS SETBACKS.

ALRIGHT.

THANK YOU ALL.

UH, SO THAT BRINGS US TO THE END OF FIVE.

DO WE HAVE ANY OTHER COMMISSIONERS THAT REALLY NEED TO GET ANY MORE INPUT BEFORE THEY CAN MAKE A DECISION? ALL RIGHT, COMMISSIONER AZAR, GO AHEAD GERALD, GO AHEAD AND MOVE.

STAFF RECOMMENDATION THAT WE EXTEND THE PLAN PERMIT BY THREE YEARS FROM DECEMBER 31ST, 2022 TO DECEMBER 31ST, 2025.

AND I'M NOT GONNA SPEAK TO THE MOTION IN INTEREST OF TIME, BUT I WILL SAY THANK YOU TO OUR STAFF FOR WORKING WITH COMMUNITY, ANSWERING OUR QUESTIONS AND FOR THEIR PROFESSIONALISM.

OKAY.

DO WE HAVE A SEC? UH, SECOND BY COMMISSIONER CONLEY.

I SEE A FEW OTHER HANDS.

UM, AND SO YOU WANT, UH, LET'S GO AHEAD.

UH, COMMISSIONER, UM, DID THE, DID COMMISSIONER, I'LL REPEAT HIS, THE DATES, UM, SURE I CAN REPEAT THIS.

THIS IS WHAT IS IN THE BACKUP.

SO OUR STAFF HAD SAID PER, UM, EXTEND THE SITE PLAN PERMIT BY THREE YEARS FROM DECEMBER 31ST, 2022 TO DECEMBER 31ST, 2025.

ALRIGHT.

UM, COMMISSIONER, CAN WE TAKE AN UP AND DOWN VOTE ON THIS OR DOES ANYBODY FEEL THE NEED TO SPEAK? OKAY.

UH, LET'S GO AHEAD AND LET'S GO.

AND, UH, PLEASE.

YES, COMMISSIONER ANDERSON.

I, I WOULD LIKE TO BRIEFLY SH SAY THAT WE ARE TALKING ABOUT A THREE STORY BUILDING IN BETWEEN TWF AND THE RIVER, AND WE'RE IN THE MIDDLE OF DOWNTOWN AUSTIN HERE, AND IT JUST MAKES ALL THE SENSE IN THE WORLD.

SO I'M EXCITED TO SUPPORT THIS.

OKAY.

UM, COMMISSIONER HAYNES, MR. CHAIRMAN, UM, WOULD, WOULD, COMMISSIONER AZAR, WOULD YOU CONSIDER AMENDING YOUR MOTION TO GO TO TWO YEARS? I, THESE FOLKS NEED TO EITHER, THEY, WE NEED TO GET, GET BUSY AND GET IT DONE.

I'M NOT TALKING ABOUT THE SAC PLAN.

I'M NOT TALKING ABOUT THREE STORY BUILDING.

I'M NOT TALKING ABOUT SETBACKS.

BUT WE NEED, WE NEED PROGRESS.

AND I'M LOOKING AT THE APPLICANT.

WE NEED PROGRESS.

UM, MR. AZAR, UM, MR. VERA, YOU CAN CORRECT ME IF I'M WRONG, SINCE THE MOTION NOW BELONGS TO THE BODY, UH, COMMISSIONER HAYES, THAT WILL HAVE TO BE A SUBSTITUTE.

IT'S OKAY.

YEAH, GO AHEAD.

I'LL OFFER SUBSTITUTE, UM, I'LL OFFER A SUBSTITUTE MOTION AND SAY TWO YEARS.

SO RATHER THAN DECEMBER 31ST, 25.

DECEMBER 31ST, 24.

OKAY.

DO WE HAVE A SECOND? UH, I WILL SECOND THAT.

AND SO, UH, LET'S, ARE WE, LET'S GO AND TAKE A VOTE ON THE SUBSTITUTE MOTION.

DO WE WANNA HEAR CHAIR? YEAH, I'D LIKE TO SPEAK AGAINST THIS, PLEASE.

OKAY.

UH, ONE MOMENT.

I THINK COMMISSIONER ANDERSON, WE WANNA JUST HEAR FROM THE APPLICANT ON WHAT, UH, THIS MAY COMPLICATIONS THIS MAY POSE.

UM, THE CHALLENGE IS THAT, UH, MICROPHONE, SORRY.

THE CHALLENGE WITH THAT, AND I REALLY RESPECT AND THANK YOU FOR, UM, WHERE YOU'RE GOING WITH THIS.

THE CHALLENGE IS THAT IN THE BANKING AND FINANCE WORLD, WE NEED TO BE ABLE TO BUILD AND JUSTIFY AN EXPANSION OF THE LOAN IN THAT TIME PERIOD BEFORE WE CAN, UH, GO AHEAD TO, TO, UH, COMPLETE THE SIDE PLAN AND TO PROVE THE CONCEPT.

I REALLY NEED THE THREE YEARS.

IT, IT'S, IT'S REALLY JUST SIMPLE AS THAT.

AND IF WE CAN'T DO IT IN THREE YEARS, THEN, YOU KNOW, COME BACK AT ME.

BUT IN TWO YEARS, I JUST, I DON'T THINK WE CAN DO IT.

THAT, THAT'S MY

[02:10:01]

ISSUE.

THANK YOU.

OKAY, COMMISSIONER ZA CHAIR, IS IT POSSIBLE FOR ME TO ASK A CLARIFYING QUESTION OF STAFF? UH, YES.

UM, STAFF, CAN YOU TELL US WHAT, WHAT IS GENERALLY THE SORT OF TIME COMMITMENT OR COST ASSOCIATED WITH A SITE PLAN PERMIT EXTENSION? TYPICALLY A SITE PLAN COMMISSION APPROVED EXTENSION TAKES APPROXIMATELY SIX MONTHS OR SO TO FILE REVIEW AND THEN GET IN FRONT OF THE COMMISSION, GIVE OR TAKE, DEPENDING ON THE COMPLEXITY OF IT, SIX TO NINE MONTHS.

AND IS THERE A COST ASSOCIATED WITH THE EXTENSION THERE? THERE IS, YES.

THERE ARE FILING FEES ASSOCIATED WITH THE EXTENSION.

I DON'T KNOW WHAT THEY ARE OFF THE TOP OF MY HEAD THOUGH.

I'M SORRY.

I APPRECIATE THAT.

THANK YOU, JUDGE.

OKAY.

ALRIGHT, LET'S, UH, GO.

AND I THINK WE WERE LOOKING FOR A SECOND.

WELL, I SECOND IT.

SO NOW WE NEED TO GO AND TAKE AN UP OR DOWN VOTE.

COMMISSIONER.

OH YEAH.

COMMISSIONER ANDERSON, I FORGOT ABOUT YOU.

YOU'RE SPEAKING, UH, IN OPPOSITION, CORRECT? YES, SIR.

YES, SIR.

YEAH, SO, AND, AND THIS IS ONE OF THE REASONS I ASKED THAT THE ORIGINAL MOTION MAKER TO REPEAT THESE YEARS, UM, THIS SITE PLAN EXTENSION THAT WE ARE LOOKING TO EXTEND, EXTEND TO 2025, WHICH IS IN TWO YEARS.

SO I'M OKAY WITH, WITH GOING WITH THE ORIGINAL MOTION.

I'LL STILL BE VOTING TO KNOW ON THIS FOR, FOR THE REASONS THE APPLICANT SHARED.

IT'S JUST TOO TOUGH OUT THERE RIGHT NOW TO, TO LOCK THINGS UP.

AND THEY HAVE A LITTLE BIT OF WORK TO DO.

AND MY GUESS IS RATES WILL BE BETTER NEXT YEAR.

SO LET'S JUST GIVE THEM THE TIME TO MAKE THIS A SUCCESSFUL PROJECT.

ALRIGHT, LET'S GO AHEAD AND TAKE A VOTE ON THE SUBSTITUTE MOTION.

CAN I ASK A CLARIFYING QUESTION, COMMISSIONER, FOR, I APOLOGIZE IF THIS WAS ADDRESSED.

IS IT TWO YEARS FROM DECEMBER 31ST, 2022, OR IS IT TWO YEARS FROM TODAY? I, I KNOW I'M NOT THE MOTION MAKER, BUT THAT WAS, UM, TWO YEARS FROM THE DECEMBER 31ST, 2022 DATE.

SO I BELIEVE WHAT COMMISSIONER HAYNES SAID WAS DECEMBER 31ST, 2024.

OKAY.

OKAY, LET'S GO TAKE A VOTE.

THOSE ON THE DS IN FAVOR OF THE, UH, MOTION, THE SUBSTITUTE MOTION.

PLEASE RAISE YOUR HAND.

OKAY.

THAT'S TWO THOSE, UH, ON VIRTUAL SPACE IN FAVOR OF THIS MOTION IN FAVOR.

LEMME DO THAT FIRST.

ALL.

ALL RIGHT.

LET'S MOVE TO THE DIOCESE, UH, IN OPPOSITION FOR THE MOTION.

OKAY.

AND THOSE, UH, VIRTUALLY THAT ARE IN OPPOSITION.

YEAH.

WR C OKAY.

SO I'M JUST GONNA MAKE IT EASY ON MYSELF.

UH, THAT FAILS.

UM, 2, 8 0.

YEAH.

2 8 0 WITH, I'M GONNA SWITCH IT UP A LITTLE.

MAKE IT EASY.

COMMISSIONER HAYNES.

COMMISSIONER SHAW, WERE VOTING IN FAVOR AND THE REST WERE IN OPPOSITION.

ALL RIGHT.

BACK TO THE ORIGINAL MOTION.

UH, LET'S GO AND TAKE A VOTE.

UM, THOSE IN THE S OF IN FAVOR.

OKAY.

THAT'S EVERYONE.

AND THOSE VIRTUALLY IN FAVOR OF THE ORIGINAL MOTION.

OKAY.

THAT'S UNANIMOUS.

THANK YOU VERY MUCH.

AND I WANNA, UH, APPRECIATE, I HAVE NOT SEEN THE NUMBERS LIKE THIS IN QUITE A WHILE, AND, UH, IT'S GOOD WE'RE IN MORE PUBLIC INVOLVEMENT.

SO THANK YOU VERY MUCH FOR COMING UP TODAY, CHAIR.

UM, CAN I REQUEST A FIVE, MAYBE 10 MINUTE BREAK BEFORE WE JUMP INTO OUR CODE ITEMS FOR THE NIGHT? YES.

VERY GOOD IDEA.

WE'RE ALREADY AT, YEAH, ALMOST NINE O'CLOCK.

SO, UH, YES, LET'S COME BACK HERE AT, UH, 8 55 IF WE CAN.

ALL RIGHT.

I NEED SUGAR BRING, THERE WE GO.

WE'RE GOOD NOW.

OKAY.

SO BRINGING THE MEETING BACK TO ORDER, UH, TAKE UP ITEM.

THIS IS OUR CODE ITEM OF ITEM 22

[22. LDC Amendment: C20-2022-022 - Live Music and Creative Spaces Definitions]

AND IT TO SPEED THIS ALONG.

UH, WE HAVE NO SPEAKERS.

UM, WE ARE GOING TO, UNLESS SOMEBODY REALLY WANTS TO HEAR FROM STAFF AT THIS POINT, I'D LIKE TO GO AHEAD AND MOVE INTO CLOSING THE PUBLIC HEARING AND MOVING ON TO Q AND A.

UM, ANY OPPOSITION TO THAT? ALL RIGHT.

DO I HAVE A MOTION TO CLOSE THE PUBLIC HEARING? UH, COMMISSIONER AZA LOOKING AROUND FOR A SECOND.

COMMISSIONER MAXWELL, LET'S, UH, LET'S GO.

ANY OPPOSITION TO CLOSING THE PUBLIC HEARING? SEEING NONE.

UH, LET'S GO AND MOVE INTO OUR Q AND A.

WE'LL, UM, THIS ONE WE HAVE STAFF HERE.

UH, SO LET'S OPEN IT UP FOR QUESTIONS.

WHO WANTS TO GO FIRST? ALL RIGHT.

UM, I HAVE ONE BECAUSE I THINK COMMISSIONER COX, YOU'RE TAKING UP, UM, COMMISSIONER RAMIREZ, BADA BAD RAMIREZ.

I APOLOGIZE.

UH, HER ITEM, UH, THAT SHE WANTS TO CONSIDER AS AN AMENDMENT.

I HAVE SOME QUESTIONS FROM STAFF.

DO YOU WANNA GO AND QUEUE THAT UP FOR US SO WE CAN PERHAPS ASK QUESTIONS TO STAFF? YEAH, THERE WAS SOME BRIEF EMAIL CORRESPONDENCE AND ESSENTIALLY WHAT I THINK WE'D

[02:15:01]

LIKE TO DO, UH, WHAT COMMISSIONER RAMIREZ WAS, WAS TRYING TO ACCOMPLISH WAS, UH, GETTING AMPLIFIED SOUND RESTRICTIONS ADDED TO THE, AT LEAST TO THE PERFORMANCE VENUE REGULATIONS.

SINCE THERE ARE SPECIFIC AMPLIFIED SOUND RESTRICTIONS IN CERTAIN CATEGORIES, USED CATEGORIES, UH, BUT THERE WASN'T ANYTHING RELATED TO IT IN THE, UH, AMENDMENT REVIEW SHEET.

SO, SPECIFICALLY, I JUST COPIED THE SENTENCE THAT IT SAYS, LIVE ENTERTAINMENT IS PERMITTED IF THE AMPLIFIED SOUND DOES NOT EXCEED 70 DECIBELS MEASURED AT THE PROPERTY LINE OF THE LICENSED PREMISES IN THIS PARAGRAPH PREMISES HAS THE MEETING ASCRIBED TO IT AND THE TEXAS ALCOHOLIC BEVERAGE CODE.

OKAY.

SO I GUESS, UM, WITH THAT, MY QUESTIONS FOR STAFF.

UH, WHAT, FOR MUSIC VENUES CURRENTLY IN OPERATION, WHAT IS THE CURRENT APPLICABLE CODE TO LIVE MUSIC VENUES THAT CURRENTLY EXIST? OKAY.

UM, GOOD EVENING, CHAIR AND COMMISSIONERS.

I'M BRIAN BLOCK, NIGHTLIFE AND ENTERTAINMENT SERVICES MANAGER WITH THE DEVELOPMENT SERVICES DEPARTMENT.

UM, I'M HERE TO, TO TALK ABOUT THIS PART OF YOUR QUESTIONS.

UM, WE MANAGE AND OVERSEE ENTERTAINMENT RELATED SOUND PLANNING AND MANAGEMENT, AND THEN MORE BROADLY, UH, PLANNING AND MANAGEMENT RELATED TO, TO NIGHTLIFE ACTIVITY.

UM, SO I'M GONNA, UM, JUST KIND OF GIVE YOU A QUICK OVERVIEW OF WHAT YOU ASKED FOR, AND THEN I CAN MAYBE TAKE MORE SPECIFIC QUESTIONS.

MM-HMM.

, IF YOU HAVE THEM.

UM, IN AUSTIN, WE HAVE A VERY ROBUST, UH, PERMITTING AND REGULATORY SYSTEM FOR MANAGING OUTDOOR SOUND.

THAT'S, UM, SOUND THAT TAKES PLACE.

UM, SOUND EQUIPMENT USED OUTDOORS, ANYTHING NOT FULLY ENCLOSED BY FOUR WALLS AND A ROOF.

THOSE ARE KIND OF THE MOST IMPACTFUL, THAT'S THE MOST IMPACTFUL SOUND.

AND THAT'S WHERE OUR KIND OF ROBUST REGULATORY SYSTEM IS FOCUSED.

AND, UM, THE REASON THAT WE DO THIS IS NOT TO PREVENT LIVE MUSIC AND ENTERTAINMENT OUTDOORS, BUT IT'S TO ALLOW IT AND PRESERVE IT IN AN APPROPRIATE WAY THAT'S BALANCED WITH RESIDENTIAL QUALITY OF LIFE.

AND SO IT'S A PERMIT THAT'S REQUIRED FOR ALL OUTDOOR SOUND AT ANY KIND OF NON-RESIDENTIAL PROPERTY.

SO THAT'S COMMERCIAL, THAT'S CIVIC.

UM, ALL USE OF SOUND EQUIPMENT OUTDOORS REQUIRE THE, REQUIRES THE PERMIT, AND THAT'S HOW WE MANAGE IT.

IT'S AN OPERATING PERMIT.

IT'S NOT DONE THROUGH LAND USE OR ZONING OR THROUGH A SORT OF CONDITIONAL USE PERMIT.

UM, BECAUSE IT'S A ROBUST PROCESS, IT HAS NOTIFICATION, IT HAS, UM, APPEAL RIGHTS FROM INTERESTED PARTIES.

IT HAS A LOT OF THINGS BUILT IN.

AND THE WHOLE PURPOSE OF IT IS TO BE CUSTOMIZED CONTEXT SENSITIVE.

UM, ALLOW OUTDOOR LIVE MUSIC AND ENTERTAINMENT WHERE IT'S APPROPRIATE AND HAVE IT SCALED BACK OR NOT ALLOWED WHERE IT'S NOT.

UM, SO, UM, EVERY APPLICATION GETS A DETAILED REVIEW.

IT'S CUSTOMIZED IN CONTEXT SENSITIVE.

ALL THE PERMITS INCLUDE A SOUND IMPACT PLAN THAT DETAILS THE ALLOWANCES AND RESTRICTIONS, INCLUDING DECIBEL LIMITS AND OPERATING HOURS AS ANY O AS WELL AS ANY OTHER MORE DETAILED CONDITIONS THAT MIGHT BE SET.

UM, CITY CODE SETS, THE MAXIMUM SOUND LEVELS AND HOURS FOR DIFFERENT LOCATIONS AND CONTEXTS AND THE CRITERIA FOR THE REVIEW, THE CITY CODE IS FOCUSED, YOU KNOW, MORE ROBUSTLY ON HOURS THAN IT IS ON SOUND LEVELS.

THE SOUND LEVELS ARE, UM, SO HOLD ON ONE, DOES ANYBODY WANNA TAKE THIS UP? I'M OUTTA TIME, UH, TO FINISH OUT.

OKAY.

COMMISSIONER HAYNES, CONTINUE.

UM, SO SOUND LEVELS ARE REALLY, UM, LEFT MORE TO THE STAFF CONDUCTING A, THE DETAILED REVIEW, UM, AND LOOKING AT THAT REVIEW CRITERIA.

UM, AND I THINK GETTING TO, I THINK I'LL JUST KIND OF HIT THIS BECAUSE I THINK IT'S A QUESTION THAT YOU ALL HAD.

THERE'S SOMETHING IN THE CODE.

SO THERE'S, UM, REALLY LIMITED

[02:20:01]

AREA WHERE THE CODE ADDRESSES SOUND LEVELS IN DECIBEL LEVELS.

OKAY.

AND THAT'S PRIMARILY, OR REALLY ONLY IN 25, 2 DASH 8 0 8.

AND THOSE ARE RELATED TO RESTAURANTS AND COCKTAIL LOUNGES.

IT'S REALLY RESTAURANTS, UM, THAT ALSO SERVE ALCOHOLIC BEVERAGES.

OKAY.

SO I'M GONNA TRY TO WRAP UP 'CAUSE I'M TAKING UP SOME OF COMMISSIONER HAY'S TIME.

OKAY.

SO THERE IS, UH, THIS OPERATING PERMIT, IT SOUNDS LIKE IT'S SITE SPECIFIC AND TAILORED TO THE SURROUNDINGS.

CORRECT.

UH, SO IT'S NOT A HARD AND FAST NUMBER.

RIGHT.

SO IS THERE JUST A MAX AT THE PROPERTY LINE? IS THERE LIKE THE, YOU CAN, NO MATTER WHAT THE CONTEXT SENSITIVITY IS, THERE'S A, IS THERE A MAX NUMBER? YES.

THAT CANNOT BE EXCEEDED.

WHAT WOULD THAT BE? 85, 80 FESTIVALS AT THE PROPERTY LINE.

AT THE PROPERTY LINE.

OKAY.

ALRIGHT.

AND I'LL TURN IT OVER TO COMMISSIONER HAYNES.

AND SO TELL ME WHY, JUST, UH, REAL QUICK IF YOU CAN, WHY HAVE YOU, WHY ARE YOU FOCUSED ON THE HOURS AND NOT THE, NOT THE SOUND? I MEAN, I THINK THAT'S AN EXCELLENT QUESTION AND I THINK THE HOURS ARE SOMETHING THAT'S PRETTY CONSISTENT.

UM, YOU KNOW, IT'S, IT'S CONSISTENT KIND OF ACROSS, UM, DIFFERENT TYPES OF SITES AND PROPERTIES, DIFFERENT TYPES OF PROGRAMMING.

THE SOUND LEVEL IS REALLY UNIQUE TO EACH SITE AND THE PROGRAMMING AND THE TYPE OF SOUND EQUIPMENT THAT THEY HAVE.

REALLY THE DISTANCE THAT THAT SOUND EQUIPMENT IS TO THE PROPERTY LINE IS A HUGE FACTOR.

IF THAT SOUND EQUIPMENT IS VERY CLOSE TO THE PROPERTY LINE, IT'S GONNA BE A LOT LOUDER AT THE PROPERTY LINE, BUT IT'S ALSO GONNA DROP OFF A LOT FASTER WHEN YOU START MOVING FURTHER AWAY IF YOU'RE, BUT ALL OF ALL OF THOSE ARE QUESTIONS THAT THE APPLICANT COMES IN AND GETS DURING THE PERMITTING PROCESS.

THAT'S RIGHT.

AND THEY'RE ADDRESS, ADDRESS SITE SPECIFICALLY, NOT CONDITIONALLY ACROSS THE CITY.

THAT'S RIGHT.

BECAUSE ONE SIZE FITS ALL WHEN IT COMES TO THE SOUND LEVEL, REALLY JUST ISN'T PRACTICAL AND ISN'T THE WAY THAT THE SOUND WORKS.

IT'S REALLY SPECIFIC TO THE SITE, HOW FAR IT IS FROM THE PROPERTY LINE, AND THEN OF COURSE THE CONTEXT, WHAT'S AROUND IT.

IS IT A LOW DENSITY KIND OF RESIDENTIAL NEIGHBORHOOD? IS IT MIXED USE? IS IT A HIGH IMPACT ENTERTAINMENT AREA THAT REALLY IS INTENDED FOR MORE INTENSITY? AND IT, THAT'S ALL TAKEN INTO ACCOUNT.

SORRY, SORRY, I, I I WANTED TO ASK 'CAUSE I'M MAYBE, UH, THE COMMISSION OF BODY IN GENERAL IS THIS IS THE LAND USE DEFINITION REALLY WHERE WE WANT TO BE ADDRESSING THIS.

THERE'S 20 PAGES UNDER NINE DASH TWO ON AMPLIFIED MUSIC OR AMPLIFIED SOUND.

UH, ANYONE EVER NOTICE THAT? STUSS CONCERTS, UH, OUTDOORS THAT END AT 11 AT MIDNIGHT, YOU KNOW, AND THAT'S ON RED RIVER RIGHT ACROSS, YOU KNOW, LIVE SOUND.

UH, I COULD, COULD YOU MAYBE GO INTO IT A LITTLE BIT DEEPER? UM, WHEN YOU TALK ABOUT THIS SITE SPECIFIC PERMITTING, LIKE, UH, HOW AN APP, LIKE WHAT AN APPLICANT HAS TO GO THROUGH, HOW IT AFFECTS THAT, AND WHO ALL IS, UH, CONTACTED OR ADDRESSED WHEN YOU, WHEN YOU GET AN APPLICATION FOR ONE OF THOSE, BECAUSE IT'S, I WOULD LOVE FOR THEM TO HEAR THE PROCESS.

IT'S HORRIBLE.

YEAH.

IT'S, I MEAN, NOT, NOT HORRIBLE, SORRY, .

NO, IT'S JUST, IT'S IT'S VERY COMPLICATED.

IT'S, IT'S VERY INTENSE.

UM, SO THE APPLICATION NEEDS TO PROVIDE ALL THE DETAILS ABOUT THE SITE, WHERE THE STAGE IS, IF THERE IS ONE WHERE THE SOUND EQUIPMENT'S LOCATED, UM, A LAYOUT THAT SHOWS ALL OF THAT.

UM, ALL OF THE KIND OF MAKE MODEL AND QUANTITY OF ALL THE SPEAKERS THEY'RE USING, INCLUDING UMS, LIKE HOW MUCH BASE IS IN IT.

RIGHT.

WELL, WE ALSO GO OUT AND DO FIELD TESTING FOR EVERY APPLICATION SO WE CAN KIND OF UNDERSTAND HOW MUCH SOUND LEVEL THEY'RE PRODUCING AT THE PROPERTY LINE, HOW FAR THAT'S TRAVELING, WHAT'S NEARBY, AND HOW IT'S IMPACTED.

SO WE'RE LOOKING AT, AT ALL OF THAT AS WELL AS THE CHARACTER AND CONTEXT OF THE AREA.

LIKE YOU POINTED OUT, THE RED RIVER CULTURAL DISTRICT IS, YOU KNOW, THOSE ALLOWANCES A ALLOW FOR FULLY OUTDOOR STAGES WHERE, YOU KNOW, FULL SCALE LIVE MUSIC PERFORMANCES HAPPEN, BUT AS YOU KIND OF GET INTO, UM, MORE MIXED USE, LESS INTENSIVE MA ROAD BUTTERFLY BAR, YOU WOULD, YOU WOULD GET A MUCH DIFFERENT BALANCE.

THERE YOU GO.

UM, SO YES, AND, AND THE HOURS AGAIN, ARE, ARE MORE DETAILED.

THE SOUND LEVELS ARE MORE, UH,

[02:25:01]

ADJUSTED YEAH.

AND UNIQUE TO EACH SITE.

THAT'S RIGHT.

OKAY.

SORRY, THAT'S IT FOR ME.

I JUST WANTED TO GET THAT OUT THERE.

I I THINK IT WILL HELP CLARIFY THE SOUND ORDINANCE FOR EVERYONE.

IT'S VERY, VERY STRINGENT.

OKAY.

UH, COMMISSIONER COZ YEAH, QUESTION TO STAFF.

YOU, YOU KEEP, YOU KEEP TALKING ABOUT, UH, CONDITIONAL USE PERMIT PROCESSES, BUT IT, I'M READING THIS IN IN THE THEATER USE, WHICH ALSO ALLOWS, I, I JUST REALIZED ALSO ALLOWS LIVE MUSIC PERFORMANCES.

SO REALLY THE AMENDMENT THAT I'M GONNA PROPOSE IS FOR BOTH THEATER AND PERFORMANCE VENUE.

BUT THAT'S BY RIGHT IN IN L O G O L R C R N O.

CORRECT.

SO THERE'S NO CONDITIONAL USE PERMIT PROCESS IF A THEATER USE IN A LIMITED OFFICE OR NEIGHBORHOOD COMMERCIAL WANTS TO HAVE LIVE PERFORMANCES.

IS THAT CORRECT? UH, DONALD JACKSON ECONOMIC DEVELOPMENT DEPARTMENT, UH, I'M THE CASE MANAGER FOR THIS, UH, AMENDMENT OR FOR THIS, UH, FOR THIS CODE CHANGE, UH, FOR THE THEATER USE.

THAT IS, UH, THE DEFINITION OF THEATER IS NOT CHANGING IN TERMS OF WHAT CAN BE DONE NOW WITH A THEATER.

UM, NOT IN ANY MEANINGFUL WAY.

UM, AND THE, THE CURRENT DEFINITION INCLUDES, UH, INDOOR REQUIREMENTS.

SO IF THEY WERE TO DO ANY SORT OF OUTDOOR ACTIVITY, THEY'D HAVE TO, THEY'D STILL HAVE TO GO THROUGH THE SAME PROCESSES THAT, UM, BRIAN DISCUSSED.

SO IF WE, IF WE REGULATE NOISE FOR RESTAURANTS AND COCKTAIL LOUNGES, WHICH IS ESSENTIALLY BARS FOR LIVE ENTERTAINMENT, UH, LIVE ENTERTAINMENT IS PERMITTED.

IF AMPLIFIED SOUND DOES NOT EXCEED 70 DECIBELS AT THE PROPERTY LINE, WHY WOULD WE NOT APPLY THAT SAME STANDARD TO LIVE ENTERTAINMENT FOR THEATER AND PERFORMANCE VENUE? WELL, WE, WE DON'T CURRENTLY APPLY IT FOR THEATERS NOW, SO THAT WOULD BE AN INCREASING, THAT WOULD BE ADDING, UH, RESTRICTIONS TO IT THAT DON'T CURRENTLY EXIST.

SO PERFORMANCE VENUE IS A NEW CODE THAT IS MEANT TO SUPPORT, UM, LIVE MUSIC VENUES, SPECIFICALLY IN TERMS OF THE RESTAURANT MANAGEMENT PROCESS, AS, AS I THINK BRIAN HAS EXPLAINED, UH, IT, ITS STAFF'S POSITION THAT THIS IS BETTER MANAGED THROUGH THE, UH, OUTDOOR PROVIDE SOUND PERMITTING PROCESS THAN THROUGH, UM, JUST A LAND USE DEFINITION.

SO, SO JUST TO MAKE SURE I UNDERSTAND, ANY AMPLIFIED SOUND OUTDOORS FOR ANY OF THESE USES ARE GONNA REQUIRE A CONDITIONAL USE PERMIT? ANY, WELL, A CONDITIONAL USE PERMIT'S GONNA BE REQUIRED FOR PERFORMANCE VENUES, PERIOD.

UM, SO THERE, THERE'S NO BUY RIDE OUTSIDE OF C B D FOR THAT BEING PROPOSED, UH, FOR, UM, THEATER, UH, ANY SORT OF OUTDOOR AMPLIFIED SOUNDS WOULD'VE TO GO THROUGH THE, THE OUTDOOR AMPLIFIED SOUND PERMITTING PROCESS.

I DON'T THINK THAT'S THE SAME THING AS A CONDITIONAL USE PERMIT FOR THE THEATER.

THAT'S, AGAIN, THEATER.

THE THEATER DEFINITION, UH, IS LIMITED TO WITHIN BUILDINGS.

AND SO IF THEY WANTED TO DO AN OUTSIDE, THEY'D HAVE TO GO THROUGH THAT, UH, OUTDOOR PERMITTING PROCESS.

OKAY, THANK YOU.

AND, AND, UH, BRIAN, AS A CLARIFICATION, UM, I JUST WANTED TO MAKE SURE YOU UNDERSTAND THAT THE CODE ONLY SETS THAT 70 DB LIMIT FOR RESTAURANTS THAT SERVE ALCOHOL NOT FOR COCKTAIL LOUNGES.

UM, JUST TO POINT THAT OUT.

WELL, IT'S, IT, IT'S ACTUALLY UNDER THE SECTION 25 2 8 0 8 RESTAURANTS AND COCKTAIL LOUNGES.

UM, AND, AND IT STATES, UH, UNDER B A RESTAURANT GENERAL USE THAT SERVES ALCOHOLIC BEVERAGES MUST COMPLY WITH THE REQUIREMENTS OF THIS SUBSECTION.

AND THEN THE SUBSECTION THREE IS WHAT LIMITS LIVE ENTERTAINMENT, UH, NOT TO EXCEED 70.

SO IT ONLY APPLIES TO RESTAURANT GENERAL USES THAT SERVE ALCOHOLIC BEVERAGES.

OH, SO NOT, NOT BARS, NOT COCKTAIL LOUNGE, NO.

OKAY.

THANK YOU.

COMMISSIONER COX.

UH, WE HAVE ONE MORE SPOT.

UM, COMMERS HAVE ANY ADDITIONAL QUESTIONS? I I HAVE A, A FEW.

UM, OKAY.

COMMISSIONER CONLEY.

SO I'M JUST TRYING TO UNDERSTAND IF, IF WE WERE TO TRY TO PASS THIS AMENDMENT AND ADD SOME OF THESE AR SOMEWHAT ARBITRARY SOUND RESTRICTIONS AT THIS POINT, WHAT WOULD BE SOME POSSIBLE ADVERSE A, UH, EFFECTS OF DOING SO, AND PARTICULARLY HOW WOULD THAT IMPACT OUR LIVE MUSIC VENUES? I THINK A ONE SIZE FITS ALL STANDARD WOULD ALMOST

[02:30:01]

CERTAINLY LIMIT OUTDOOR LIVE MUSIC, EVEN IN PLACES WHERE IT WOULD BE APPROPRIATE.

UM, BECAUSE IT'S A, INSTEAD OF BEING CONTACT SENSITIVE, UM, IT'S ONE SIZE AND A FAIRLY RESTRICTIVE ONE SIZE.

ALRIGHT, THANK YOU.

AND I DON'T KNOW, I, I IMAGINE Y'ALL HAVEN'T HAD TIME TO SORT OF LOOK AT THE IMPACTS THAT THIS WOULD HAVE AROUND THE POTENTIAL MUSIC VENUES CITYWIDE, UM, OR THE LIMITING IMPACTS THAT, THAT MIGHT HAVE.

UM, I KNOW THAT YOU'VE SAID IT WOULD LIKELY IMPACT OUTDOOR MUSIC VENUES, BUT I'M NOT SURE IF YOU HAVE ANY KIND OF SENSE OF THE SCALE OF THAT IMPACT.

WOULD IT, YOU KNOW, HOW DEVASTATING ARE WE TALKING ABOUT? I THINK ESSENTIALLY IT WOULD BE EXTREMELY DIFFICULT AND POTENTIALLY NEARING NOT POSSIBLE TO HAVE ANY SIGNIFICANT AMOUNT OF SCALE OF INTENSITY OF LIVE MUSIC OUTDOORS AND ACHIEVE THAT 70 UNLESS YOU WERE HUNDREDS OF FEET AWAY FROM THE STAGE.

OKAY.

THANK YOU VERY MUCH.

AND THAT, AGAIN, THAT'S JUST I'M SPECULATING SINCE YOU ASKED FOR IT.

NO, I APPRECIATE IT.

THAT'S HELPFUL JUST TO CONTEXTUALIZE THE DECISION WE HAVE TO MAKE.

AND THAT'S MY ONLY QUESTION, SO I DON'T KNOW IF ANYONE ELSE HAS A QUESTION, BUT THAT'S IT FOR ME.

THANK YOU SO MUCH.

SO WELL, UM, HOLD ON BECAUSE, UH, WE DO HAVE SOME AMENDMENTS AND, UH, COMMISSIONERS, UH, 'CAUSE IT MAY BE TRIGGER SOME ADDITIONAL QUESTIONS.

SO ARE WE FAMILIAR WITH THE AMENDMENTS THAT WERE PROPOSED BY THE CO, UH, C O J C C O J C? THEY WEREN'T ACTUALLY ADOPTED BECAUSE OF SOME TE TECHNICAL, UH, CHALLENGES, BUT I THINK WE NEED TO GO AHEAD AND TALK ABOUT THOSE.

'CAUSE I'M, UH, SO IF YOU GUYS DON'T MIND, I'M GONNA READ THOSE.

GO FOR, UH, OKAY.

AMENDMENT ONE, ALLOW, UH, PERFORMANCE VENUE IS A CONDITIONAL USE IN CSS ONE ZONES, AND THEN AMENDMENT TWO IS 25 DASH TWO X X X SITE DEVELOPMENT REGULATIONS FOR PERFORMANCE VENUES.

PAGE THREE OF FIVE, ITEM C FOUR, IN ADDITION TO THE EVALUATION CRITERIA IN SECTION 25 5 1 45, EVALUATION OF CONDITIONAL USE SITE PLANS, A CONDITIONAL USE PERMIT MAY ALLOW AN OUTDOOR ENTERTAINMENT AREA AMENDMENT 3 25 2 900 HOME OCCUPATIONS.

ITEM D A PERSON WHO DOES NOT RESIDE ON SITE MAY PARTICIPATE IN THE HOME OCCUPATION IF THE, UH, HOME OCCUPATION IS.

UM, AND THEN THERE'S A LIST OF OCCUPATIONS TO FOLLOW SO THAT, UM, THEY REMOVE THE PHRASE OFFSITE STREET PARKING IS PROVIDED.

SO IN THE HOME OCCUPATION, IF THE OFF STREET PARKING IS PROVIDED, AND SO THE OFF STREET PARKING IS PROVIDED AND WAS DELETED ON THIS AMENDMENT.

SO DO ANY OF THE, UM, UH, JOINT COMMITTEE COMMISSION MEMBERS WANNA SPEAK TO THESE AMENDMENTS? SURE CAN.

OKAY.

UH, WE'LL START WITH COMMISSIONER MAXWELL AND THEN COMMISSIONER ZA.

UM, I'LL SPEAK SPECIFICALLY TO THE PARKING.

WE FELT THAT IT WAS IMPORTANT TO REMOVE THAT IS THAT WE'RE ACTUALLY GO UNDERGOING THE PROCESS RIGHT NOW OF REVISING OUR PARKING REQUIREMENTS, OUR MINIMUM PARKING REQUIREMENTS, AND WE DID NOT WANT TO ADD IN A PARKING, MINIMUM PARKING REQUIREMENT GIVEN THIS.

AND ALSO WHERE THE CITY IS HEADING IN THE DIRECTION OF MARK PARKING.

AND THAT, UM, REQUIRING OFF STREET PARKING WOULD BE ACTUALLY COUNTERPRODUCTIVE TO WHAT'S TRYING TO BE ACCOMPLISHED HERE.

OKAY.

AND, UH, COMMISSIONER AZAR.

THANK YOU CHAIR.

I'LL JUST, UH, WALK QUICKLY TO THE OTHER TWO.

I THINK COMMISSIONER MAXWELL DID A GOOD JOB OF TALKING ABOUT THAT ONE.

UM, SO THE FIRST ONE WAS JUST TO SAY I THINK OUR STAFF WAS DOING A GOOD JOB OF TRYING TO DIFFERENTIATE, UM, PERFORMANCE VENUE FROM ESSENTIALLY C**K LAUNCHES.

BUT WHAT SORT OF INADVERTENTLY ENDED UP HAPPENING IS THAT OUR MOST INTENSE ZONE IN OUR CITY DID NOT HAVE PERFORMANCE VENUE WITHIN IT AS ALLOWABLE USE.

SO WE'RE JUST SAYING ALLOW THAT USE WITHIN, UM, YOU KNOW, AS A CONDITIONAL USE IN CSS ONE ZONES AS WELL, SIMILAR TO THE SORT OF SOMEWHAT LESSER INTENSE ZONES THAT WE'RE ALLOWING IT IN AS A CONDITIONAL USE.

THE SECOND AMENDMENT REALLY LOOKS AT, UM, THE, I'M NOT GONNA GO THROUGH THE BACKGROUND OF IT, BUT EVEN INITIALLY THERE WAS A CONVERSATION OF DIVIDING THE USES FROM AN OUTDOOR PERFORMANCE VENUE, AN INDOOR, UM, PERFORMANCE VENUE.

AND THE DEFINITIONS GOT, UM, SIMPLIFIED AND OUR STAFF DID A GOOD JOB OF CLEANING IT UP.

BUT PART OF THAT IS TO THEN PUT IN, ESSENTIALLY SAY THAT IF YOU WOULD LIKE TO GO IN FOR A, UM, YOU KNOW, OUTDOOR ESSENTIALLY PERFORMANCE AREA WITHIN THAT CONVERSATION, YOU WOULD HAVE TO COME BACK AND ESSENTIALLY, UM, HAVE IT AS A CONDITIONAL USE TO GO THROUGH A CONDITIONAL USE PERMIT, UM, REQUIREMENT FOR OUTDOOR ENTERTAINMENT AREA.

OKAY.

UH, ANY QUESTIONS OF THE, UM, THE JOINT COMMISSION? OKAY.

SO ARE WE, UH, CLEAR? 'CAUSE UH, I THINK THERE'S GONNA BE A MOTION TO MAYBE ROLL THESE.

MR. CHAIRMAN, I'VE

[02:35:01]

GOT A JUST COMMISSIONER HAYES.

GO AHEAD.

HELP ME OUT THE, AGAIN, THE YOUNG, THE NEW GUY.

UM, THE LIST OF OCCUPATIONS.

DO WE HAVE THAT LIST OR I'M A LITTLE HESITANT TO VOTE ON SOMETHING.

THERE'S, TRUST US, THERE'S A LIST COMING.

SURE.

SO NO, NO, NO.

IT'S IN THE BACKUP AND ESSENTIALLY I, I WOULD ASSUME IT'S THE SAME BACKUP AS C O J C, BUT ESSENTIALLY WHAT WE'RE DOING IN THIS IS WE'RE JUST STRIKING THE WORDS OFF STREET PARKING IS PROVIDED AND SO WE'RE JUST SAYING AS IT IS, WHAT'S STAFF IS DRAFTED IS FINE.

WE'RE JUST TRYING TO REMOVE THAT OFF STREET PARKING REQUIREMENT.

THANK YOU VERY MUCH.

IT'S ON PAGE TWO OF THE, UM, THE CODE MARKUP.

OKAY, THANKS.

ALL RIGHT.

SO THAT FINISHES THE Q AND A, BUT I THINK COMMIT, I'M GONNA GO AHEAD AND DO YOU HAVE ANY, DO YOU HAVE ANOTHER QUESTION, COHEN? GO AHEAD.

JUST ONE REAL QUICK, IF I COULD FOR STAFF, UM, IF FOR EXAMPLE, A LIVE PERFORMANCE VENUE WAS PUT IN A RESIDENTIAL AREA, WOULD IT STILL BE SUBJECT TO THE SOUND ORDINANCE FOR RESIDENTIAL AREAS? THINK IT'S A 9 2 5.

RIGHT.

SO THAT RELATES TO, UH, RESIDENTIAL PROPERTY ONLY, RESIDENTIAL PROPERTY ONLY RESIDENTIAL PROPERTY.

IS THERE ANYTHING LIKE THAT THAT WOULD APPLY TO KEEP, LIKE, HOUSES FROM BEING OVERWHELMED BY? SO WHAT THE CODE ADDRESSES FOR COMMERCIAL AND PROXIMITY TO RESIDENTIAL IS WITHIN A HUNDRED FEET.

NO OUTDOOR AMPLIFIED SOUND IS ALLOWED WITHIN 600 FEET.

THE HOURS ARE LIMITED AND IT'S A, YOU KNOW, THE SORT OF INTERPRETATION OF THAT POLICY DIRECTION, THAT POLICY IS, IT'S A HIGHER STANDARD OF REVIEW LOOKING AT THE CONTEXT AND THE RESIDENTIAL THAT'S NEARBY.

OKAY.

SO THAT'S BOTH THE HOURS ARE LIMITED BY CODE AND THEN STAFF INTERPRETATION IS THAT IT A HIGHER LEVEL OF KIND OF INVESTIGATION AND LITTLE MORE SCRUTINY IS REQUIRED.

OKAY.

COOL.

THAT'S WHAT I WANTED TO KNOW.

THANK YOU.

OKAY.

UH, THAT WRAPS UP QUESTIONS.

UH, LET'S GO AHEAD AND, UH, ENTERTAIN MOTIONS AT THIS TIME.

WHO WOULD LIKE TO MAKE A MOTION CHAIR? UH, COMMISSIONER AZAR.

THANK YOU, CHAIR.

I'LL OPEN IT UP AS A BASE MOTION.

SO I'M GONNA MOVE FORWARD WITH THE STAFF RECOMMENDATION IN ADDITION TO EXHIBIT A AS BAIRD BY, UM, C O G C.

OKAY.

THAT'S OUR BASE MOTION.

WE HAVE A SECOND BY COMMISSIONER WOODS.

UM, LET'S .

OKAY.

DID I MISS? NO, IT'S FINE.

OKAY.

COMMISSIONER COX HAS YOUR HANDS UP.

ALL RIGHT.

COMMISSIONER COX, GO AHEAD.

CAN I MAKE AN AMENDMENT? YES, LET'S GO AHEAD.

AND I THINK THIS ONE, WE'RE, WE'RE GOING TO NOT PRESCRIBE THE MORE, UM, EXHAUSTING RULES AND WE WILL APPLY TO THE OTHER TWO.

SO YES, WE'LL JUST FOLLOW OUR NORMAL RULES ON THIS ONE.

SO YOU HAVE AMENDMENT TO THE MOTION.

PLEASE GO AHEAD.

YEAH, I, I MADE A COMMITMENT TO ANOTHER COMMISSIONER, UH, THAT CAN'T BE HERE RIGHT NOW TO CARRY THIS FORWARD.

I WILL ADMIT THAT IT, IT MAY BE A BIT SUPERFLUOUS SINCE WE ARE HEARING FROM STAFF THAT, UH, ALL THE LIVE OUTDOOR MUSIC HAS TO GO THROUGH A PERMITTING PROCESS ANYWAYS.

BUT MY, UH, AMENDMENT, UH, I WANNA PUT IT TO THE BODY.

MY AMENDMENT IS, UH, COMMISSIONER ZAS MOTION, BUT TO ADD, UM, BUT TO ADD FOR BOTH THEATER AND PERFORMANCE VENUE REGULATIONS THAT LIVE ENTERTAINMENT IS PERMITTED, IF THE AMPLIFIED SOUND IS NOT EXCEED 70 DECIBELS MEASURED AT THE PROPERTY LINE OF THE LICENSED PREMISES.

ALRIGHT.

DO WE HAVE A SECOND? I'M NOT SEEING A SECOND.

ALL RIGHT.

DO WE HAVE ANY OTHER AMENDMENTS? SUBSTITUTE MOTIONS.

ALL RIGHT.

SEEING NONE, ARE WE CLEAR ON THE, UH, THE BASE MOTION? YEAH.

ALL RIGHT.

UH, LET'S, UH, GO AHEAD AND, UH, TAKE A VOTE ON THE DSS IN FAVOR.

THAT'S EVERYONE.

UM, THOSE ON THE SCREEN GO.

AND THOSE IN FAVOR? ALL RIGHT.

THAT'S THE UNANIMOUS.

THANK YOU VERY MUCH.

THANK YOU VERY MUCH.

ALL RIGHT.

UH, MOVING ON TO ITEM BRINGS US TO 23.

[23. Imagine Austin Amendment: Austin Strategic Mobility Plan Update]

AND I THINK WHAT WE HAD, LET'S GO AHEAD AND LAY THIS ONE OUT.

WE'VE ALREADY, WE'RE ABLE TO MOVE RIGHT INTO, UM, UH, WE'VE ALREADY Q AND A PUBLIC, UH, PUBLIC HEARINGS CLOSED.

BUT I THINK WHAT WE WANTED TO DO, IT'S BEEN A WHILE, UH, THERE HAVE BEEN SOME ADJUSTMENTS, A LOT OF HARD WORK BY THE WORKING GROUP, BUT I THINK, UM,

[02:40:01]

I THINK COMMISSIONER CZAR AND COMMISSIONER HAYNES, YOU SPOKE TO ME.

WE WANNA OPEN IT UP FOR SOME DISCUSSION OR COMMENT.

SO I THINK WE WANNA OPEN IT UP FOR SOME Q AND A, JUST 'CAUSE THERE HAVE BEEN AND WHO'S HERE FROM STAFF TO HELP US THIS EVENING? OKAY.

CHAIR, MY RECOMMENDATION IS TO HAVE, UH, TWO SPEAKERS FOR THREE MINUTE EACH.

OKAY.

AND OF COURSE, WE CAN EXTEND THAT IF NECESSARY.

ALL RIGHT.

SO WE'RE GONNA KICK THIS OFF WITH SOME ADDITIONAL Q AND A TWO AT THREE.

AND I THINK COMMISSIONER HAYNES, DID YOU WANNA START US OFF? SURE.

HAPPY TO.

MR. CHAIRMAN.

UM, THANK Y'ALL, UH, FOR ENTERTAINING, UH, SOME OF MY CONCERNS.

AND, UH, JUST WANTED TO START.

I HAD, I HAD SUBMITTED SOME INFORMATION.

I, I THINK YOU'VE HEARD ME, UH, THROUGHOUT A, A COUPLE OF THE PREVIOUS, UH, CONVERSATIONS THAT I'VE, UH, HAD DIFFICULTY GETTING ANSWERS FROM STAFF ON SOME OF THESE QUESTIONS.

AND THAT HAS FRUSTRATED ME AND GOT, UH, SOME OF THE LAST, UH, ANSWERS TO MY QUESTIONS TODAY AT TWO 30, UM, ENTIRELY TOO LATE.

AND, UM, BUT WHAT I WANTED TO BRING TO Y'ALL IS ONE OF THE CONCERNS THAT I HAVE.

AND, AND FIRST OF ALL, I WOULD, I WANT TO PUBLICLY THANK STAFF.

UM, STAFF INTRODUCED ME TO A, A NEW, NEW PHRASE, THE, UH, UH, EQUITY, UH, ACCESS ZONES.

UM, I WAS USING, UH, AFFLUENT VERSUS NON-AFFLUENT.

UM, I'VE, I'VE ABSOLUTELY INCORPORATED E A ZS INTO MY LEXICON.

IT'S A MUCH BETTER PROCESS, AND I WANNA THANK YOUR STAFF FOR, UH, FOR INTRODUCING THAT, THAT SUBJECT TO ME.

BUT, UH, THE ONE CONCERN, THE OVERRIDING CONCERN I HAVE, UH, PRIMARILY WITH THE BIKE PLAN, IT IS NOT, UH, THE, THE SAFE STREETS AND THE CROSSINGS, UH, AND THE SHARED THE, OR OUR STREETS, CROSSINGS AND, AND SHARED SHARED STREETS.

UH, IT IS A GREAT REPORT.

I AM READY TO VOTE ON THAT RIGHT NOW.

I WOULD VOTE IN FAVOR OF THAT RIGHT NOW.

BUT I WILL TELL YOU THE, UH, CONCERNS THAT I HAVE WITH A, WITH A BICYCLE PLAN.

UH, THERE IT IS RIDDLED WITH INCONSISTENCIES, UH, AND IT WRAPS AROUND, UM, RACIST LANGUAGE, AND IT WRAPS AROUND, UH, CATCHPHRASES AND TERMS. UH, AND, AND IT'S MY OPINION THAT IT DOES THAT TO DEFLECT SOME OF THE, UH, CONCERNS THAT, UH, IF IT WERE JUST FOCUSED ON THE, THE BICYCLE PLAN, UH, MIGHT BE RAISED.

UM, I WILL TELL YOU IF THE BICYCLE PLAN AS DRAFTED GOES FORWARD, UM, THIS COMMISSION WILL BE, UH, FORWARDING VOTING ON AND, UM, FAVORING, UH, A RACIST COMMENT THAT SAYS THE, UM, THE CITY OF AUSTIN.

IT'S ON PAGE 17 OF THE REPORT.

IT BASICALLY SAYS THE CITY OF AUSTIN HAS A HIGHER EDUCATIONAL THRESHOLD THAN MANY OTHER CITIES.

UH, BUT THAT STATEMENT IS ATTRIBUTED TO THE UNIVERSITY OF TEXAS, BUT NOT HOUSTON TILLISON A HISTORICALLY BLACK COLLEGE.

THAT IS A RACIST STATEMENT.

ON PAGE 18, THERE IS A STATEMENT THAT SAYS THE REAL ESTATE, UM, AND REDEVELOPMENT INDUSTRIES ARE, EXCUSE ME, I'M GOTTA PUT ON, UH, UH, AND REDEVELOPMENT INDUSTRIES CONTINUE TO SUPPORT RACISM, SEGREGATION, SEGREGATIONISM, AND DISPLACEMENT.

THAT IS A WAY TOO BROAD STATEMENT.

AND I WILL TELL YOU, HOLD ON ONE SECOND.

UH, COMMISSIONER ZA CHAIR WOULD LIKE TO TAKE OVER THE TIME AND, UM, PASS MY TIME OVER TO COMMISSIONER HAYNES.

OKAY.

THANK YOU.

THANK YOU.

COMMISSIONER ZA.

I WILL TELL YOU, I HAVE FRIENDS IN THE REAL ESTATE DEVELOPMENT.

EVERYONE ON THIS COMMISSION VOTES FOR REDEVELOPMENT PROCESSES WHEN WE VOTE.

MY FRIENDS ARE NOT RACIST.

MY FRIENDS ARE NOT SEGREGATIONISTS, AND MY FRIENDS DO NOT FAVOR DISPLACEMENT.

IT, IT IS WAY TOO BROAD.

THERE ARE MANY INCONSISTENCIES IN THE, IN THE PROGRAM.

IN MY BACKUP, ONE OF THE THINGS THAT YOUR STAFF DID WAS GIVE ME EXAMPLES, UH, THROUGHOUT THE CITY OF SOME OF THE PROJECTS THEY'VE DONE.

I WENT AND TOOK PICTURES, AND I WANT YOU TO LOOK AT THE BACKUP.

IF YOU THINK THERE IS NOT A SYSTEM OF SEPARATE BUT EQUAL WHEN IT COMES TO BICYCLE FACILITIES IN THIS CITY.

YOU ARE FOOLING EVERYONE ON THIS COMMISSION.

UH, IF YOU LOOK AT THE FACILITIES ON SHOAL CREEK, ON JUSTIN LANE, AT BARTON SPRINGS, UH, ON SPEEDWAY, ON GUADALUPE, AND THEN YOU COMPARE THOSE TO THE FACILITIES THAT ARE ON SPRINGDALE AND EAST

[02:45:01]

FISK AND STANE, AND OLD TOF AND PLEASANT VALLEY, THEY ARE NIGHT AND DAY.

YOU ARE PROMOTING A SYSTEM THAT IS, THAT FAVORS WANT, THAT FAVORS, UM, UH, E AZS THAT ARE NOT, UH, THREATENED, ARE NOT VULNERABLE, BUT IN, IN, UM, IN THOSE VULNERABLE AREAS, YOU GO WITH A VERY MINIMUM, AND THAT IS SEPARATE BUT EQUAL.

IT, IT ENHANCES THE HISTORY OF JIM CROW, AND IT ENHANCES SEGREGATION AND, AND EVERYTHING THAT THE REPORT SAYS YOU'RE TRYING TO ADDRESS IS ABSOLUTELY INCORRECT.

I'M PASSIONATE ABOUT IT.

I APOLOGIZE, MR. CHAIRMAN AND MEMBERS.

UM, IT'S BEEN A FRUSTRATING MONTH IN DEALING WITH A BICYCLE PLAN.

THANK YOU.

UH, SO, UM, , STEPH, DO YOU WANNA RESPOND TO ANY, I GUESS THE ONE THING I WOULD SAY IF WE HAVE TIME, JUST BUILDING IS THE, THE TWO, UM, WELL, NOW LET'S LEAVE IT AT THAT.

I REALLY CAN'T FRAME A QUESTION HERE.

OKAY.

I, I THINK WE MIGHT, QUESTIONS I, IT MIGHT MAKE SENSE FOR STAFF TO RESPOND ONCE WE'VE LAID OUT THE WORKING GROUP AMENDMENTS AND SEE IF THEY, UM, HAVE ANYTHING TO RESPOND TO.

OKAY.

ALL RIGHT.

UM, SO THAT'S ALL THE Q AND A WE, WE'VE ALLOWED OURSELVES.

UM, SO NOW, UM, WHAT WE DO, AND THIS IS A NEW PROCESS FOR SOME OF YOU, AND IT'S BEEN SOMEWHAT AMENDED TO SAVE TIME, BUT WE'RE, WHAT WE'RE TRYING TO DO IS SET A BASE MOTION, AS YOU SAW, UH, COMMISSIONER AZAR DO ON THE PERFORMANCE VENUE, COME UP WITH A BASE MOTION.

WE TYPICALLY DO STAFF, UH, RECOMMENDATION, AND WE BUILD OUR AMENDMENTS, UH, ON TOP OF THAT.

UH, BUT WE WANNA START WITH THE CONSENT AMENDMENTS.

AND SO, UH, THE WORKING GROUP GOES FIRST.

IT'S PUT IN A LOT OF HARD WORK.

AND SO WE CONSIDER THEIR AMENDMENTS FIRST, AND THEN WE CAN WORK ON INDIVIDUAL.

UH, ONCE IN A WHILE, WE HAVE FOLKS THAT THINK, OH, YOU KNOW, THEY MIGHT ALREADY HAVE SOME, OR DURING THE COURSE OF THE DISCUSSION, THEY REALIZE THAT THEY WANNA PROPOSE AN AMENDMENT, BUT MAKE THIS CLEAR.

IF WE'VE ALREADY ADDRESSED A SUBSTANCE IN AN AMENDMENT, UH, A, A TOPIC OR A MADE A DECISION, WE'RE NOT GONNA GO BACK AND MAKE A, SOMETHING THAT'S CONTRARY TO THAT, THAT AMENDMENT THAT WE ALREADY VOTED ON.

SO THINK ABOUT IF YOU HAVE THINGS YOU WANNA BRING UP THAT ARE RELATED, UH, DO IT AT THAT TIME WITH A SUBSTITUTE OR AN AMENDMENT TO THE, UH, TO THE WORKING GROUP AMENDMENTS.

SO THAT'S KIND OF THE PROCESS.

WHAT I'VE LINED OUT HERE, UH, IF WE CAN GET, UM, UH, CONCURRENCE HERE IS WE'RE GOING, GOING TO GO THROUGH EACH OF THE AMENDMENTS.

AND, UM, ALL WE'RE GONNA DO IS, IS, AND I THINK, WHO'S THE LEADER OF THE WORKING GROUP? WHO'S MR. AFTER COMMISSIONER MAXWELL, I'LL THE AMENDMENTS, UM, YES, I'M THE LEADER, BUT I THINK COMMISSIONER ZA IS GOING TO, OKAY.

SO WE'LL GO THROUGH EACH ONE.

WE DON'T HAVE TO ASK QUESTIONS, BUT YOU HAVE A CHANCE, TWO COMMISSIONERS, TWO MINUTES EACH TO ASK CLARIFYING QUESTIONS ONLY FOR THE PURPOSE OF DECIDING WHETHER OR NOT YOU WANNA PULL IT.

IF YOU ALREADY KNOW YOU WANNA PULL IT, THEN UH, JUST SAY, PULL IT.

AND, UH, BUT IF YOU NEED SOME QUESTIONS TO MAKE UP YOUR MIND, THIS IS YOUR OPPORTUNITY.

UH, SO ONCE WE DECIDE ON WHICH ITEMS WE'RE GOING TO PULL, UM, THOSE AMENDMENTS, UH, YOU KNOW, THOSE AMENDMENTS THAT ARE NOT PULLED FOR DISCUSSION ARE ADOPTED INTO THE CONSENT BASED MOTION AS AMENDED.

SO THAT KIND OF STOPS THOSE, THEY GET PACKAGED IN THE BASE, AND THEN WE MOVE ON TO DISCUSSION ON EITHER WE CAN DO GROUP THEM OR, OR SEPARATE THE WORKING GROUP AMENDMENTS AS NEEDED.

UH, BUT WE MOVE THROUGH EACH ONE IN ORDER, OR AS YOU GUYS PROPOSE, WE MOVE THROUGH THOSE.

SO, UH, DO, IS EVERYBODY CLEAR ON HOW WE GET THROUGH THE CONSENT? UM, BASE MOTION? MR. CHAIRMAN, CAN I ASK ONE QUESTION? SURE.

IS IT A, IS IT A POTENTIAL MOTION FOR ME? UM, CAN I, OR ASK COMMISSIONER CZAR, UM, CAN WE, UM, TAKE THE A S M P, UH, WHICH HAS THREE COMPONENTS, SIDEWALKS CROSSING THE SHARED STREETS, PLANTS, I'M READING IT NOW.

I COULDN'T, COULDN'T TAKE THAT OFF.

THE URBAN TRAILS AND THE BICYCLE PLAN.

CAN WE TAKE THE BICYCLE PLAN OUT AND PASS THE OTHERS? I'M PRETTY SURE OF THE VOTES ON, I'M, I'M PRETTY SURE ON THE VOTES OF ALL THREE, AND, AND I KNOW WHERE I'LL BE.

YES.

IF WE WANT TO SPEED THIS UP, AND WE DON'T, IF YOU WANT COMBINE THEM IN AS FAR AS THE CONSENT DISCUSSION, WE CAN DO THAT TO MOVE THINGS ALONG QUICKER.

I LIKE THAT IDEA.

UM, SO I'LL LEAVE IT UP TO, UH, COMMISSIONER MAXWELL AND DZA, HOW YOU WANT TO KIND OF PACKAGE, UM, YOU KNOW, FOR CONSIDERATION THE CONSENT ITEMS. I HAVE A IDEA.

OKAY.

AND

[02:50:01]

THEN, YOU KNOW, ONCE WE GET DOWN TO THE OTHERS, UH, WE WILL GO THROUGH THEM IN THE ORDER THAT, UH, YOU GUYS PRESCRIBE, AND WE'LL ALLOW AGAIN, ON EACH ONE OF THOSE IF NEEDED, TWO COMMISSIONERS, TWO MINUTES EACH, UM, TO TALK ABOUT EACH ONE OF THOSE.

OKAY.

CHAIR, I'M GONNA GO AHEAD AND MAKE MY FIRST BASE MOTION.

AND, UM, MR. KHANS HOPEFULLY DISTRACTS WITH WHAT YOU'RE SAYING, SO PLEASE KEEP AN EYE ON IT.

I'M GONNA MAKE A MOTION THAT WE, UM, ADOPT STAFF RECOMMENDATION ON THE AUSTIN STRATEGIC MOBILITY PLAN ELEMENT OF THE IMAGINE AUSTIN COMPREHENSIVE PLAN AND THE AMENDING IT, UM, AND ADOPT THE URBAN TRAILS PLAN AND THE SIDEWALKS, CROSSINGS, AND SHARED STREETS PLAN.

I'LL SECOND THAT.

NOW I HAVE TO JUMP INTO THE WORKING GROUP, BUT I KNOW COMMISSIONER MAXWELL, YOU WANNA SHARE A FEW WORDS BEFORE WE JUMP INTO THE AMENDMENTS REGARDING THOSE FIRST TWO PLANS? OH, JUST GENERALLY FOR THE WORKING GROUP ON BEHALF OF IT, IF YOU WANNA SAY SOMETHING.

YES.

FIRST OF ALL, I DO WANNA THANK THE WORKING GROUP IN THE WORK OF STAFF WHO COORDINATED CLOSELY WITH US, AND ALSO TO ALL OF THE ADVOCATES THAT WE WORKED WITH OVER THE LAST FEW MONTHS.

THERE WERE NUMEROUS CLARIFICATION QUESTIONS AND PHONE CALLS.

SO WE APPRECIATE THE SUPPORT THE ADVOCACY COMMUNITY HAS GIVEN TO MAKE THESE PLANS BETTER.

UM, AND AGAIN, THE WORK OF THE COMMISSION, AND AS YOU CAN TELL FROM THE AMENDMENTS, WE UNDERSTAND THAT BOTH HOW MUCH WORK HAS GONE ON TO THESE PLANS AND HOW WE MAYBE STILL NEED TO MAKE SOME ADJUSTMENTS.

SO I'M INTERESTED TO HAVE THE CONVERSATION AROUND THE AMENDMENTS AS WELL.

UM, BUT WE OVERALL ARE VERY PLEASED TO SEE, I THINK, THE PLANS MOVING FORWARD AND THE WORK THAT'S BEEN PUT INTO THEM, AND THE IMPACT, HOPEFULLY, THAT THEY'LL HAVE GOING FORWARD.

OKAY.

JUST FOR CLARIFICATION, THE MOTION THAT YOU'RE PROPOSING IT IS, UH, AND I DIDN'T CATCH IT.

IT'S THE, IT'S A S M P, UM, CROSSINGS, I'M SORRY, I'M GONNA FORGET THE EXACT NAME, BUT ESSENTIALLY WE HAVE OUR SIDEWALK SHARED STREETS AND CROSSINGS PLAN.

MM-HMM.

AND, UM, OUR URBAN TRAILS PLAN.

OKAY.

THIS, THIS IS THE BASE MOTION.

YES.

OKAY.

ALL RIGHT.

AND WE'RE GONNA MOVE THROUGH AMENDMENTS NEXT.

YEP.

SO I'LL START.

SO THERE WAS AN UPDATED AMENDMENT SHEET SHARED WITH THE COMMISSIONERS, UH, BY MR. RIVERA.

PLEASE REFER TO THAT THERE WAS AN OLDER AMENDMENT SHEET, AND I HATE TO SAY THAT'S WHAT'S IN OUR BACKUP AT THE MOMENT.

SO PLEASE JUST LOOK AT, AT THAT DOCUMENT THAT COMMISSIONER, UM, MR. VERA HAD SHARED WITH YOU.

AND WHAT I'M GONNA DO IS I'M GONNA ASK YOU TO GO RIGHT TO THE BOTTOM TO LOOK AT ITEM NUMBER NINE AND GO FROM THERE.

UM, STAFF, I, IF IT MIGHT BE HELPFUL, I'LL CONTINUE, BUT IF WE CAN PULL IT UP AS WELL, THAT WILL BE GREAT.

THANK YOU.

SO I'LL START WITH NUMBER NINE.

IT'S A SIMPLE ONE.

THIS IS AN AMENDMENT TO THE URBAN TRAILS PLAN, AND IT'S LOOKING AT THE APPENDICES, STARTING AT PAGE 102 AND GOING UP TO 1 74.

UM, WE GOT FEEDBACK FROM SOME OF OUR, UM, UM, FROM OUR CONSTITUENTS AND THE PEOPLE WHO'VE BEEN WORKING ON THIS AND SAYING THAT THERE WAS SOME LANGUAGE AROUND RAILS WITH TRAILS THAT THEY HAD FOUND CONCERNING IN EARLIER DRAFTS.

MOST OF THAT GOT ADDRESSED, UM, IN APPENDIX E, BUT SADLY, SOME OF THAT LANGUAGE REMAINED IN G ONE.

UM, AND OF COURSE, OUR STAFF HAS BEEN WORKING ON THIS.

UM, SO THERE'S A LOT OF DIFFERENT MOVING PIECES.

SO ESSENTIALLY ALL WE'RE ASKING IN THIS ONE IS ALIGN THE LANGUAGE ON RAILS WITH TRAILS IN APPENDIX G ONE WITH THE LANGUAGE IN APPENDIX E.

SO JUST TO MAKE IT CONSISTENT ACROSS THE BOARD.

UM, AND MAYBE I'LL LAY THEM ALL OUT AND FOLKS CAN TELL US WHICH ONES THEY WANT TO PULL.

THE SECOND ONE IS, THIS IS, UM, TO THE A S M P REDLINE DOCUMENT AND DOES INCLUDE, UM, ACTUAL CHANGES TO THE DOCUMENT.

WE'LL SPEAK TO THAT IN A SECOND.

SO THIS ONE, ESSENTIALLY, I'LL READ IT OUT, UM, IF WE CAN SCROLL DOWN TO NUMBER 10 AT THE BOTTOM.

I REALLY APPRECIATE THAT.

THANK YOU SO MUCH.

UH, COMM COMMISSIONER ZA.

YES.

SORRY TO INTERRUPT.

UH, I JUST REALIZED THAT THE, THE, THE SPREADSHEET IN THE BACKUP IS NOT THE LATEST ONE.

THAT IS CORRECT.

AND I KNOW THAT AN UPDATED SPREADSHEET HAD BEEN SHARED WITH THE FULL COMMISSIONERS ON, I ACTUALLY HAVE A DATE IF IT THANK YOU ON FRIDAY.

SO IF Y'ALL WANNA GO BACK AND LOOK AT IT, IT, IT WOULD, BECAUSE WE ADJUSTED THE LANGUAGE OF SOME OF THIS STUFF THEN IN OUR CAR CONFERENCE, , SORRY.

THAT IS CORRECT.

YEP.

UH, THIS WAS WHAT, UH, MR. RIVER HAD SENT.

AND ACTUALLY WHAT WE'RE PULLING UP ON SCREEN IS THE LATEST ONE AS WELL.

SO FOLKS CAN HOPEFULLY FOLLOW ALONG.

SO AGAIN, WE'RE LOOKING AT NUMBER 10.

WHAT WE HAVE IN FRONT OF US IS ESSENTIALLY, UM, AN AMENDMENT FOLLOWED BY THE EXACT LANGUAGE.

I'LL SPEAK TO THAT IN A SECOND.

SO WE'RE SAYING CLARIFY THAT SIDEWALKS REMAIN THE GOLD STANDARD THAT THE CITY WANTS TO WORK TOWARDS, WHILE ACKNOWLEDGING THE NEED FOR IMMEDIATE STRATEGIES TO FILL GAPS CONSIDERING RESOURCE CONSTRAINTS.

IN ADDITION, SET GUIDELINES FOR ASSESSING BUSY RESIDENTIAL STREETS AND LOW TRAFFIC VOLUME STREETS, AND DEVELOP OTHER POSSIBLE INDICATORS THAT MAY WARRANT PEDESTRIAN AND SHARED USE PATH INFRASTRUCTURE.

THE TEXT OF IT ON, AGAIN, YOU CAN SEE IT IN THE CELL ON THE RIGHT SIDE.

THE, WHAT WE'RE ADDING IS IN UNDERLINED, WHAT IS NOT UNDERLINED OR BOLDED IS ESSENTIALLY THE EXISTING LANGUAGE.

AND WE'RE SAYING IN THE SHORT TERM, THE CITY WILL CONTINUE TO BUILD SIDEWALKS ALONG ROADWAYS THAT DEMAND THEM, SUCH AS ARTERIAL AND COLLECTOR STREETS, BUSY RESIDENTIAL STREETS.

AND IN COMMERCIAL DISTRICTS, WHILE FACILITIES LIKE SHARED STREETS WILL BE IMPLEMENTED ONLY

[02:55:01]

ON LOW TRAFFIC VOLUME, LOCAL STREETS, WE ADD AN ADDITIONAL SENTENCE THAT SAYS THE CITY ULTIMATELY REMAINS COMMITTED TO BUILDING OUT A COMPLETE SIDEWALK SYSTEM.

AND IF, UH, WE'LL GET TO IT, I GUESS, IF WE HAVE QUESTIONS.

OKAY.

UH, SO, UH, YOU WENT AND COVERED BOTH THOSE.

DO WE HAVE ANY? THERE'S TWO MORE.

SHOULD I GO? OH, THERE'S TWO MORE.

THERE'S TWO MORE.

I'M SORRY.

THERE'S TWO MORE.

I'LL JUST, UH, GO THROUGH THESE.

OKAY.

NUMBER 11, RIGHT AT THE BOTTOM, THIS IS WITH OUR SIDEWALK SHARED STREETS AND CROSSINGS LAND.

WE'RE SAYING THAT TEXAS ACCESSIBILITY STANDARDS SHOULD BE USED TO SET THE MINIMUM SIDEWALK WIDTH FOR LEVEL ONE STREETS AND UP.

SO WE ARE ESSENTIALLY, YOU KNOW, THIS IS SORT OF CONSIDERATION ALREADY UNDER STATE LAW, AND WE'RE TRYING TO, AGAIN, ALIGN WITH THAT.

AND THEN WE HAVE NUMBER 12.

THIS WAS APPLIED TO ALL THREE PLANS.

FOR NOW, I'M ONLY TALKING ABOUT IN RELATION TO THE, TO THE URBAN TRAILS PLAN AND THE SIDEWALK SHARED SEATS AND CROSSINGS PLAN, NOT THE BICYCLE PLAN.

AND WHAT WE'RE ASKING IS CONSIDER ADDING GUIDE GUIDANCE OR OUTLINE A PROCESS TO DEVELOP GUIDELINES ON THE DESIGN, IMPACT ON BICYCLE AND PEDESTRIAN INFRASTRUCTURE, GIVEN THE PROLIFERATION OF AUTONOMOUS VEHICLES TO ENSURE COMMUNITY SAFE SAFETY AND EASE OF USE.

THANK YOU, CHAIR.

THOSE ARE THE FOUR AMENDMENTS FOR THIS BASE MOTION.

OKAY.

SO, BUT WE ARE DEVI THAT LAST ONE, I GUESS WE'LL NEED TO TALK ABOUT DIVIDING IT.

YES.

AS I HAVE PRESENTED IT RIGHT NOW FROM THE WORKING GROUP, IT ONLY APPLIES TO THE BASE MOTION OF URBAN TRAILS PLAN, SIDEWALK, SHARED SHEETS, AND CROSSING SPOT.

OKAY.

UM, SO ANY OUT OF THOSE, DO WE HAVE ANY CLARIFYING QUESTIONS, UH, TO DECIDE WHETHER TO PULL IT OR NOT? OKAY.

SO, UM, I GUESS, UH, COMMISSIONERS, UH, WE CAN GO AHEAD.

UM, SO IF WE'RE NOT PULLING THEM, THOSE ARE ALL GONNA STAY AS ON THE CONSENT BASE AMENDED.

OKAY.

ALL RIGHT.

CHAIR, JUST FOR CLARIFICATION, PURPOSE, I THINK I NEED TO MAKE AN AMENDMENT AND I NEED TO INITIATE AN AMENDMENT.

I NEED TO GET A SECOND TO HAVE THOSE FOUR ITEMS ADDED IN.

CORRECT.

'CAUSE WE JUST MADE THE BASE MOTION.

WE DID NOT HAVE AN AMENDMENT MOTION CHAIR, COMMISSIONER, LAY AND IVER.

I, I THINK, UH, IT'S THE, UM, THE PAST PRACTICE THAT YOU JUST NOTE THE, UH, THOSE ARE FOR CONSENT.

APPRECIATE THAT.

OKAY.

THANK YOU MR. RIVERA.

ALL RIGHT.

OKAY, LET'S GO AND MOVE ON TO THE NEXT SEGMENT, WHICH IS, UH, THE BICYCLE PLAN.

OH, WE CAN VOTE ON THE BASE MOTION AND THE AMENDMENTS.

NO, I'VE BEEN TOLD WE DON'T NEED TO.

OKAY.

SO WE DO NOT NEED TO VOTE ON THE BASE MOTION FOR THIS MR. RIVERA AT THIS TIME, CHAIR, COMMISSIONER, LADIES, AND, AND RIVERA.

SO, UH, YOU ADOPTED YOUR CONSENT ALONG WITH YOUR BASE MOTION AT THIS TIME.

UM, YOU CAN THEN JUST, UH, KEEP INCLUDING AMENDMENTS.

I APPRECIATE THAT.

THANK YOU, MR. RIVERA.

SO I WOULD, I'M AT THIS POINT, I'M READY TO MAKE MY SECOND BASE MOTION, THOUGH.

WELL, HOLD ON.

I THINK THE WHOLE POINT OF SPLITTING THIS UP WAS THAT COMMISSIONER HAYNES.

YEAH, WE NEED TO, WE'LL MOST LIKELY VOTE NO ON THE BICYCLE PLAN.

SO WHAT WE'RE DOING IS WE'RE GONNA MOVE TO THE, UH, WE'RE GONNA MOVE TO THE DISCUSSION AMENDMENTS.

SO, UM, WE WOULD, IF WE WANNA TAKE A LONG TIME, WE WOULD MOVE THROUGH EACH ONE OF THEM IN ORDER, WE'LL OPEN IT UP TO ANY OTHER AMENDMENTS.

SO WE ARE DONE WITH THE CONSENTS.

NOW WE'RE GONNA MOVE TO THE ONES THAT ARE REMAINING THAT ARE FOR DISCUSSION.

SO I'M LEAVING IT UP TO THE WORKING GROUP.

DO YOU WANT TO, UM, COMBINE ANY OF THESE? ARE WE GONNA GO THROUGH EACH ONE OF THESE INDIVIDUALLY FOR DISCUSSION? HOW DO YOU WANT TO CHAIR? I THINK MY RECOMMENDATION, THIS WAS MY UNDERSTANDING, SO I MIGHT BE GETTING THIS WRONG.

WE MADE A BASE MOTION FOR THREE ELEMENTS WITH THESE FOUR AMENDMENTS.

IF NO OTHER COMMISSIONER HAS AN AMENDMENT ON IT, I THINK WE NEED TO TAKE A VOTE AND CLOSE THIS MOTION OUT, AND THEN DO A SEPARATE MOTION FOR THE BIKE PLAN WITH THOSE AMENDMENTS.

AND I'D LAY THEM OUT AT THAT TIME.

UM, I, I WOULD, I WOULD AGREE WITH THAT APPROACH BECAUSE I THINK THE BIKE, UH, AS WE MOVE THROUGH THE AMENDMENTS IN THE BICYCLE PLAN, THERE ARE SORT OF SOME COMPLEX QUESTIONS AND I WOULD PREFER IF WE HAD THEM AS TWO SEPARATE MOTIONS.

OKAY.

BUT WE'RE GONNA CLOSE THIS, I CALL FOR THE VOTE.

OKAY.

ALL RIGHT.

SO YOU HAVE TO SECOND.

YES, I'LL SECOND IT.

AND UM, HERE, AND WE ARE ALREADY LAID OUT THE MOTION, SO REALLY IT'S ALREADY THERE.

UM, SO ESSENTIALLY THE MOTION IS JUST TO CLARIFY TO FOLKS, IS AMENDMENTS TO S M P AND ADOPTING THE SIDEWALK SHARED SHEETS AND CROSSINGS PLAN AND ADOPTING THE URBAN TRAILS PLAN WITH THE FOUR AMENDMENTS THAT THE WORKING GROUP HAS JUST PRESENTED.

OKAY.

ALRIGHT.

DO I, ARE THERE ANY OPPOSITION TO THIS? OKAY, I DON'T SEE ANY OPPOSITION.

SO WE'RE GONNA MOVE ON TO THE, UH, THE NEXT SECTION, WHICH IS GOING THROUGH THE DISCUSSION AMENDMENTS.

GERALD, I'LL MAKE MY SECOND BASE MOTION, UM, WHICH IS THE ADOPTION OF THE BICYCLE PLAN.

AND I'LL GO THROUGH THE AMENDMENTS FOR THIS AND I'LL GO THROUGH ALL OF THEM AGAIN.

SO NOW WE CAN PULL UP THE SPREADSHEET AGAIN AND GO RIGHT TO THE TOP.

[03:00:01]

SO FOR THE BICYCLE PLAN, WHAT WE HAVE IS, THE FIRST ONE IS CLARIFYING THAT THE STANDARDS AND BEST PRACTICES LEARNED FROM THE NATIONAL ASSOCIATION OF CITY TRANSPORTATION OFFICIALS, NATO, AND OTHERS WILL BE UPDATED AS THOSE STANDARDS ARE VISED OVER TIME.

JUST TO CLARIFY, THIS WAS ASKED FROM OUR, UM, OUR ADVOCATES WHO WERE ESSENTIALLY SAYING WE WANNA UPDATE IT AS IT GOES ALONG 'CAUSE THESE DOCUMENTS ARE BEING UPDATED NATIONALLY.

THE SECOND ONE IS TO SEPARATE MEDIUM BILL, BUILD BY LANE BARRIERS INTO THEIR OWN SUBSECTION AND CLARIFY WHERE IT MIGHT BE APPROPRIATE TO EMPLOY SUCH TECHNIQUES AND HOW THEY COULD BE UTILIZED AS AN INTERMEDIATE STEP TOWARDS FULL BUILD.

RIGHT NOW, THEY'RE PART, PART OF THE QUICK BUILD SECTION, IF I REMEMBER CORRECTLY.

SO WE'RE ASKING FOR IT TO BE SEPARATED AND ADD SOME DETAIL.

THE THIRD ONE IS IDENTIFY GOALS FOR QUICK BUILD AND MEDIUM BUILD STRATEGIES THAT ALLOW FOR TRACKING OVER TIME TO MEASURE SUCCESS.

SIMILAR TO THOSE FOR FULL BUILD STRATEGIES, AGAIN, THE PLAN HAS, UM, UM, SOME GOALS FOR SET FOR THE FULL BUILD AND WE WANNA DO THE SAME FOR THE OTHER TWO.

NUMBER FOUR IS ADDING A REQUIREMENT TO PROVIDE AN ANNUAL UPDATE REGARDING ONGOING PRIORITIZATION EFFORTS, HIGHLIGHTING THE PRIORITIZATION OF DIFFERENT SEGMENTS, UPCOMING PROJECTS IN OVERALL TIMELINES FOR A FULL BUILD OUT OF THE SYSTEM.

JUST TO SPEAK TO IT BRIEFLY, WE HAD, UH, ADVOCATES WHO HAD ASKED FOR SOMETHING LIKE THIS TO BE ADDED, UM, RIGHT NOW INTO THE PLAN.

AND WE FELT WE COULD NOT ADD THAT LEVEL OF DETAIL AT THIS POINT.

SO IT FELT LIKE IT MADE SENSE TO HAVE AN ANNUAL UPDATE WHERE SOME OF THIS ONGOING CONVERSATION CAN CONTINUE WITH STAFF COMMISSIONER AZAR, JUST 'CAUSE THAT'S THE RULES WERE FRAMED ONE WAY, BUT I JUST WANNA MAKE SURE, DOES ANYBODY HAVE ANY QUESTIONS AT THIS POINT ON ANY OF THESE? UM, OR I CAN'T SEE THE SCREEN NOW.

.

THERE YOU GO.

ALL RIGHT.

ANY QUESTIONS ON THOSE COVERED THUS FAR? OKAY.

ALL RIGHT, LET'S CONTINUE.

I APPRECIATE THAT CHAIR.

AND WHAT, WHAT MIGHT BE HELPFUL IS AS I GO THROUGH THESE, IF SOMEBODY HAS ANY QUESTIONS ON THEM, JUST, JUST STOP ME BECAUSE WE CAN'T SEE YOU ALL ON THE SCREEN OR, UM, I CAN SEE THE FOLKS SURROUNDING ME.

THIS BRINGS US TO, UM, ITEM NUMBER FIVE, WHICH IS DEFINE AND CLARIFY THE DIFFERENCES BETWEEN THE PROTECTED INTERSECTION FULL AND PROTECTED INTERSECTION PARTIAL STRATEGIES.

SO THESE STRATEGIES ARE MENTIONED IN THE PLAN, BUT THEY'RE NOT FULLY DEFINED.

AND THERE WAS SOME CONFUSION WHAT THOSE WERE.

SO WE WANTED TO SEE THAT.

UM, NUMBER AGAIN, IF I'M NOT HEARING OTHERWISE, NUMBER SIX IS IMPROVING THE STANDARDS FOR NEIGHBORHOOD BIKEWAYS TO ENSURE THAT THEY'RE FULLY SUPPORTIVE OF TRIPLE A GOALS.

UM, WE WANNA, AGAIN, MAKE SURE THAT AS WE'RE TALKING ABOUT NEIGHBORHOOD BIKEWAYS, THOSE ARE PART AND ARE THEY'RE BEING INCLUDED AS PART OF OUR, UM, ALL AGES, ALL ABILITIES, UM, BIKE LAND.

WE WANNA MAKE SURE THAT THEY MEET THOSE STANDARDS.

NUMBER SEVEN IS ASSESS EXISTING NEIGHBORHOOD BIKE WAYS TO ENSURE THAT THEY'RE ALIGNED WITH THOSE AAA STANDARDS AND BASED ON THESE STANDARDS, WHETHER THEY CAN BE INCLUDED AS A PART OF THE AAA NETWORK AS FULLY BUILT OUT SECTIONS.

SO WE DID GET SOME FEEDBACK FROM SOME ADVOCATES WHO FELT, UM, AND COMMUNITY MEMBERS WHO FELT THAT THE CURRENT NEIGHBORHOOD BIKE WASTE DON'T ALWAYS MEET THOSE STANDARDS.

SO AGAIN, WE'RE JUST ASKING THAT ASSESSMENT AND FOR STAFF TO CONSIDER HOW BEST TO MOVE FORWARD.

NUMBER EIGHT IS, AGAIN, NOT HEARING OTHERWISE.

NUMBER EIGHT, FOLLOW MINIMUM WIDTH AND OTHER STANDARDS FROM AMERICAN ASSOCIATION OF STATE HIGHWAYS AND TRANSPORTATION OFFICIALS, ASTRO AND OTHER NATIONAL GUIDELINES FOR SHARED USE PATHS TO ENSURE EASE OF USE AND SAFETY.

OKAY.

NOT HEARING ANYTHING ELSE GO DOWN RIGHT TO THE BOTTOM AGAIN.

SO THIS IS NUMBER 12, AND THIS IS NOW BEING APPLIED SPECIFIC TO THE BICYCLE PLANS.

I'LL READ IT AGAIN, BUT WE JUST APPROVED IT FOR THE OTHER TWO.

CONSIDER ADDING GUIDANCE OR OUTLINE OF PROCESS TO DEVELOP GUIDELINES ON THE DESIGN, IMPACT ON BICYCLE AND PEDESTRIAN INFRASTRUCTURE, GIVEN THE PROLIFERATION OF AUTONOMOUS VEHICLES TO ENSURE COMMUNITY SAFETY AND EASE OF USE.

OKAY.

SO JUST 'CAUSE 'CAUSE WE COULD NOT SEE THE OTHER COMMISSIONERS.

I JUST WANNA MAKE SURE, DO WE HAVE ANY QUESTIONS OF, AND THANK YOU CHAIR COHEN.

WE'RE AT NINE 50.

UH, MIGHT AS WELL GO AHEAD AND WANNA MAKE A MOTION TO EXTEND CHAIR.

GO AHEAD AND MAKE A MOTION THAT WE EXTEND TWO 11.

OKAY.

WE GOT A SECOND BY COMMISSIONER COX.

ANY OBJECTION? NO, UH, SEE NONE.

ALL RIGHT.

YOU WANT ALL IN FAVOR? WELL, I DIDN'T SEE IT, .

ALL RIGHT.

I KNOW WE, OKAY, SO LET'S, UH, CONTINUE.

I THINK WHAT I JUST WANNA MAKE SURE THERE'S A LOT THERE.

ANY COMMISSIONERS HAVE ANY QUESTIONS, QUESTIONS OF STAFF? I WANNA GIVE STAFF AN OPPORTUNITY JUST TO, UM, WITH ALL THOSE AMENDMENTS, UH, THOUGHTS.

SO LET'S START WITH, UH, ANY QUESTIONS FROM COMMISSIONERS? UM, I, I HAVE ONLY ONE VERY HOPEFULLY VERY BRIEF CLARIFYING QUESTION ABOUT THE LAST AMENDMENT FROM COMMISSIONER COX AND I, I THINK I, I, I WAS ON THE WORKING GROUP, SO

[03:05:01]

MISSED THAT DISCUSSION AROUND THIS LAST SPECIFIC ITEM.

AND, YOU KNOW, I THINK THE INTENT IS GIVEN THE PROLIFERATION OF AUTONOMOUS VEHICLES TO, UM, FIND WAYS TO KEEP OUR PEDESTRIANS AND BIKE USERS AND OUR ACTIVE MOBILITY USERS SAFE FROM AUTONOMOUS VEHICLES.

UM, BUT, UH, BECAUSE JUST THE WAY IT WAS WORDED, UM, I JUST WANTED TO CLARIFY THAT IS THE INTENT.

UM, UH, YEAH, THAT'S ABSOLUTELY THE INTENT.

UM, WE, WE WERE, WE WERE TRYING TO PIECE THIS TOGETHER REAL QUICKLY, UH, WHILE I WAS DRIVING ON I 35 IN TRAFFIC.

SO, UM, BUT YEAH, NO WORRIES.

THE, THE SAFETY AND EASE OF USE IS INTENDED TO BE FOR THE NON ROBOTS THAT ARE TRAVELING ON OUR STREETS, .

PERFECT.

THAT WAS, AND, AND JUST TO, JUST TO HIGHLIGHT PART OF THE DISCUSSION WE HAD WAS THAT THE, THE, THE VERY BRIEF HISTORY OF AUTONOMOUS VEHICLES SHOWS THAT THE BIGGEST CHALLENGE FOR THEM IS NOT INTERACTING WITH OTHER VEHICLES, IT'S INTERACTING WITH NON-MOTORIZED TRANSPORTATION.

THE, THE BICYCLISTS, THE, THE, THE PEOPLE WALKING A STROLLER ACROSS THE STREET, THAT THAT'S THE MOST CHALLENGING THING FOR GOOGLE AND UBER AND VOLVO AND WHOEVER ARE, WHO ARE DEVELOPING ALL OF THIS, UH, SOFTWARE AND ALGORITHMS TO, TO DRIVE VEHICLES BY THEMSELVES.

AND SO I JUST DON'T SEE ANY OF THAT CONVERSATION HAPPENING IN THESE PLANNING DOCUMENTS.

AND THESE PLANNING DOCUMENTS DON'T GET UPDATED FOR YEARS.

AND SO BY THE TIME WE GET TO THE NEXT UPDATE, I'M PRETTY SURE AT LEAST 50% OF THE VEHICLES ON THE ROAD ARE GONNA BE SELF-DRIVING.

AND SO WE NEED TO HAVE THAT CONVERSATION NOW.

WE NEED TO BE, UH, DEVELOPING A PROCESS TO DEVELOP GUIDELINES TO MAKE SURE THAT OUR PEDESTRIAN AND BICYCLE INFRASTRUCTURE IS MAKING IT AS EASY AS POSSIBLE TO KEEP AUTONOMOUS VEHICLES FROM DRIVING INTO, UH, NON-MOTORIZED.

OKAY.

THANK YOU.

THAT'S VERY HELPFUL.

YEAH, THAT, THAT WAS WHAT I THOUGHT.

I JUST WANTED TO MAKE SURE, AND I HOPE YOU'RE WRONG ABOUT THE NUMBER OF AUTONOMOUS VEHICLES THAT WILL BE ON OUR ROADS.

.

THANK YOU, .

OKAY.

SO I GUESS STAFF, DO YOU WANT TO GIVE US ANY, UM, COMMENTS ABOUT THESE? UH, I DON'T KNOW IF THEY'RE SUPPORTIVE OR IF YOU HAVE ANYTHING YOU WANNA ADD.

I'LL, I'LL START BY SAYING, UM, MY NAME'S LAURA FELD.

I'M WITH THE, UM, ACTIVE TRANSPORTATION STREET DESIGN DIVISION WITHIN THE TRANSPORTATION PUBLIC WORKS DEPARTMENT.

AND JUST WANNA THANK THE WORKING GROUP AND COMMISSIONER HAYNES FOR ALL THE QUESTIONS AND, AND, UM, JUST THOROUGHNESS OF YOUR REVIEW.

IT'S, IT'S VERY MUCH APPRECIATED.

IT'S BEEN A GIFT.

UM, I'M JOINED BY MY COLLEAGUES NATHAN, NATHAN WILKES, WHO CAN SPEAK TO THE BICYCLE PLAN AS WELL AS COLE KITTEN, UM, WITH OUR LONG RANGE PLANNING, UH, WITH A S M P AND THEN DYLAN JOHNSTONE AND MING TWO FOR THE SIDEWALKS AND URBAN TRAILS.

SO IF YOU HAVE ANY QUESTIONS SPECIFICALLY FOR THOSE SUBJECT MATTER EXPERTS, THEY'RE AVAILABLE AND I THINK NATHAN MAY WANNA SHARE SOMETHING.

SURE.

OKAY.

YEAH, I WAS, I WAS JUST GONNA SPEAK TO THE AMENDMENTS, UM, IF, IF IT'S A GOOD TIME FOR THAT.

YES, GO AHEAD.

UM, AND, AND I THINK JUST GENERALLY THEY ALL LOOK AGREEABLE.

UM, I'LL, I'LL TRY TO JUST GO IN ORDER.

UM, THE FIRST ONE WITH THE, UH, BEST PRACTICES STAYING KIND OF EVERGREEN, UH, I'LL MAKE SURE THAT THAT'S, UH, HAPPY TO KIND MAKE THAT MORE UNIVERSAL.

THERE.

THERE WERE SEVERAL PLACES WHERE I PLUGGED THAT IN TERMS OF SPECIFIC, UH, CRITERIA.

UM, SO NO PROBLEM THERE.

UM, THE QUICK BUILD VERSUS MEDIUM BUILD, UH, MAYBE JUST FOR CLARIFICATION, WHEN WE SAY BUILD OUT OF THE ALL AGES NETWORK AND THE MILEAGE GOALS THAT ARE IN THE DOCUMENT THAT'S SPEAKING LIKE OF ANY BUILD REALLY AND, AND QUICK BUILD BEING THE LOWEST KIND OF DENOMINATOR, WE SET ADDITIONAL KIND OF, UH, GOALS FOR THE FULL BUILD LEVEL OF QUALITY, UM, SPECIFICALLY FOR PROTECTED BIKE LANES AND PROTECTED INTERSECTIONS AND, AND, UM, ENHANCE BUS STOPS AS FAR AS A MEDIUM BUILD.

AND THIS CAME FROM THE ADVOCATES.

THEY KIND OF SAW, UH, THEY WERE ENCOURAGING US TO SAY, HEY, DON'T JUST SAY QUICK BUILD AND FULL BUILD .

IT'S MORE OF A CONTINUUM AND PUSH THE QUALITY UP WHEREVER YOU CAN.

SO IF Y'ALL THINK THE BEST WAY TO DO THAT IS DEFINE A MEDIUM BUILD, WHICH WOULD BE THREE CATEGORIES INSTEAD OF TWO, OR, YOU KNOW, WE COULD GO THE WAY OF CALLING IT A SPECTRUM AND PUSH THE QUALITY.

UM, EITHER, EITHER WOULD BE POSSIBLE, BUT MAYBE THAT CLARIFICATION HELPS.

UM, LET'S SEE, WHAT'S THE NEXT ONE? OKAY, FOR NUMBER FOUR, ANNUAL UPDATE ON THE PRIORITIZATION.

SO THE PRIORITIZATION IS, UH, BUILT IN THE DOCUMENT TO BE KIND OF DYNAMIC.

LIKE THE DEMOGRAPHICS WILL CHANGE, WE CAN RERUN THE PRIORITIZATION.

THE PRIORITIZATION IS BASED ON GAPS IN NETWORK COVERAGE, WHICH AS WE BUILD, EVEN AS WE SELECT PROJECTS, THOSE GAPS ARE GONNA START TO KIND

[03:10:01]

OF CHANGE AND THAT'S GOING TO START SHAPING OUR PRIORITIZATION.

SO, UH, WE DO HAVE AN ANNUALIZED PROCESS.

UM, I'M HAPPY TO DOUBLE CHECK AND, AND TAKE THIS RECOMMENDATION KIND OF AS WRITTEN TO KIND OF LEAN INTO THIS ANNUALIZED PROCESS.

IT'S THE MOBILITY ANNUAL PLAN.

UM, AND I DO ANTICIPATE KIND OF WEAVING, UH, A LITTLE MORE OF THE KIND OF PRIORITIZATION, YOU KNOW, THIS PRIORITIZATION HASN'T EXISTED BEFORE THIS PLANNING EFFORT.

UM, SO I'M HAPPY TO KIND OF WEAVE MORE OF THAT PRIORITIZATION INTO THAT ANNUALIZED PLANNING PROCESS.

BUT BASICALLY WE, WE PICK OUR NEXT, NEXT KIND OF ROUNDS OF PROJECTS.

UH, WE PUBLISH 'EM TO THE PUBLIC, WE TAKE COMMENT AND WE CAN KIND OF EXPLAIN OURSELVES ABOUT HOW IT ALIGNS UP WITH THE PRIORITIZATION OUT OF THE PLAN.

UM, CAN, CAN I ASK THE NEIGHBORHOOD? YES.

NATHAN, CAN I ASK A QUICK QUESTION ABOUT THAT? YEAH.

WHEN YOU, WHEN YOU PUBLISH, WHEN YOU INTEND TO PUBLISH THAT ANNUAL PLAN WITH, WITH PRIORITIZED PROJECTS, UH, HOW, HOW DOES, HOW DO YOU SOLICIT FEEDBACK? DOES IT GO TO ANY OF THESE COMMISSIONS OR HOW DOES THAT PROCESS TYPICALLY WORK? THIS IS, UM, IT WAS A PROCESS THAT WAS BORN OUT OF THE 2016 MOBILITY BOND.

AND WITH THE 2020 MOBILITY BOND, IT'S EXPANDED TO A KIND OF MUCH BROADER, UH, MOBILITY PORTFOLIO.

UM, LAURA, LAURA IS LARGELY THE KIND OF KEEPER OF THAT PROCESS, OR, OR DOES A LOT OF KIND OF ADMINISTRATIVE SUPPORT FOR THAT PROCESS.

BUT WE, WE DO A CITYWIDE SURVEY AND WE TAKE COMMENTS.

UM, WE DO NOT MAKE BOARDS AND COMMISSIONS ROUNDS.

UM, YEAH.

LAURA, DO YOU HAVE ANYTHING ELSE TO ADD? SURE, YEAH.

HAPPY TO.

UM, JUST WITH THE, ALL OF THE DIFFERENT MOBILITY BOND PROGRAMS THERE, UM, THEY HAVE A PORTFOLIO OF PROJECTS AND SO THE MOBILITY ANNUAL PLAN OFFERS AN INTERACTIVE MAP AND A, AND A NARRATIVE REPORT THAT DESCRIBES EACH PROGRAM AND HOW THEY SELECT PROJECTS, AND THEN PUTS THAT OUT FOR, UM, REVIEW EACH YEAR.

AND WE'VE SORT, WE'VE DONE THAT YEAR OVER YEAR SINCE 2017 BASICALLY.

UH, AND THAT, THAT, THAT'S THE PRIORITIZATION PROCESS THAT CURRENTLY, UH, IS, GOES ON EACH YEAR.

I'M HAPPY TO TALK MORE ABOUT THAT IF YOU'D LIKE.

AND, AND WE SHOULD SAY NOT A PRIORITIZATION PROCESS SO MUCH AS LIKE APPLYING THE PRIORITIZATION FROM MANY DIFFERENT PROGRAMS, YOU KNOW, THROUGH THEIR PLANS TOWARDS PROJECT SELECTION.

SO IT'S SAYING, THESE ARE THE PROJECTS WE'RE INTENDING TO SELECT, YOU KNOW, BASED ON THOSE PRIORITIZATIONS THAT ANYBODY CAN GO LOOK AT THOSE PLANS AND, UM, YOU KNOW, PUBLISHING THOSE LISTS, GETTING FEEDBACK COULD, UH, EXCUSE ME.

AND I'M JUST THINKING ABOUT, WE HAVE ONE MORE ITEM THAT'S GONNA TAKE US WELL INTO THE LATE HOUR.

UH, IF, IF WE CAN MOVE THROUGH THESE A LITTLE QUICKER AND, AND JUST POINT OUT THE MAIN, IF THERE'S ANY CONCERNS THAT YOU GUYS HAVE WITH ANY OF THESE THAT WE MAY WANNA REPHRASE.

I'M REALLY LOOKING TOWARD THINGS THAT MAY BE A PROBLEM AT THIS POINT THAT WE MAY NEED TO AMEND THE AMENDMENTS.

YEAH, NO, I DON'T HAVE ANY ISSUES.

THE OTHER ONE WITH THE NEIGHBORHOOD BIKEWAYS, UM, YEAH, WE'RE HAPPY TO KIND OF EVALUATE, UH, EXISTING NEIGHBORHOOD BIKEWAYS THAT EXIST AND WE DO FOLLOW NATIONAL BUS PRACTICES.

SO, YEAH, NO, NO PROBLEMS WITH ANY OF THE PROPOSED AMENDMENTS.

OKAY.

CHAIR, CAN I QUICKLY RESPOND TO SOMETHING MR. WILS HAS ASKED MR. WILS, WHEN WE WERE TALKING ABOUT A MEDIUM BUILD STRATEGY, THE WORKING GROUP WAS REALLY LOOKING AT A DIFFERENTIATION BETWEEN DIFFERENT STRATEGIES IN TERMS OF COST, TIME, AND DIFFICULTY OF IMPLEMENTATION.

UM, AND THAT'S REALLY WHAT WE WERE LOOKING AT.

AND HOPEFULLY THAT'S A CONVERSATION THAT Y'ALL CAN HAVE CONTINUING, ONGOING WITH THE FOLKS WORKING ON THIS.

THANK YOU.

YEAH, THANK YOU.

ALRIGHT.

I APPRECIATE IT.

UM, SO I THINK WE'VE MOVED THROUGH THE AMENDMENTS.

WE GOT STAFF'S INPUT AND NOW WE NEED TO MAKE, UH, GO AHEAD, COMMISSIONER ZA, INDIVIDUAL AMENDMENTS IF PEOPLE NEED INDIVIDUAL AMENDMENTS OR OTHER MOTIONS.

YEAH, WE TYPICALLY, UM, AT THIS POINT, I'M SORRY, COMMISSIONER RIVERA, I'M SORRY, MR. RIVERA CHAIR, COMMISSIONER LAZARA.

SO I BELIEVE AT THIS MOMENT YOU ARE, UM, COMBINING YOUR, UH, CONSENT ITEMS FOR THE BICYCLE PLAN AND THEN YOUR INDIVIDUAL AMENDMENTS WOULD COME AFTER.

YES, THAT'S RIGHT.

WE BROKE IT UP, SO YOU'RE CORRECT.

UM, SO YES.

AND SO JUST TO CLARIFY TO THE, THIS IS THE BODY, IT'S OPEN TO INDIVIDUAL AMENDMENTS OR OTHER MOTIONS.

MR. CHAIRMAN, THIS IS WHERE I'LL, WELL, UM, HOLD ON.

WE GOTTA CHECK PROCESS.

SO WE SPLIT THIS OUT.

SO THE BIKE PLAN, SO WE'RE GONNA ESTABLISH, UH, THE CONSENT FOR THE BIKE PLAN.

YES, SURE.

SO JUST TO CLARIFY TO EVERYBODY, THE MOTION THAT WE NOW HAVE IN FRONT OF US IS THE BASE MOTION IS ADOPTING THE BIKE PLAN WITH ALL OF THE AMENDMENTS FROM THE WORKING GROUP THAT HAVE BEEN EXPLAINED IN RELATION TO THE BIKE PLAN SO FAR.

SO WE NEED A SECOND.

COMMISSIONER WOODS.

OKAY.

COMMISSIONER WOODS.

COMMISSIONER WOODS.

UH, WELL NOW, NOW WE, UM, THAT'S THE CONSENT, BUT WE DO NEED TO, AT THIS, I GUESS WE CAN ENTERTAIN SUBSTITUTES YES.

SUBSTITUTES AND AMENDMENTS,

[03:15:01]

YES.

TO THIS.

UH, SO DO WE HAVE ANY SUBSTITUTES OR AMENDMENTS SUCH AS YOU WANNA PULL SOMETHING OFF OR MAKE A CHANGE TO ANY OF THESE? NOW'S THE TIME.

UH, THIS IS WHERE I'LL STEP IN.

MR. CHAIRMAN, I DON'T HAVE A CHANGE TO ANY OF THE WORKING GROUP TO COMM TO WHAT COMMISSIONERS ARE AND, AND COMMISSIONER MAXWELL AND, AND THE WORKING GROUP HAVE DONE, BUT, BUT I DO HAVE, UM, UH, A COUPLE OF AMENDMENTS TO ASK AND OFFER.

AND IF THEY DIE FOR A LACK OF A SECOND, THAT'S OKAY.

BUT, UM, WE'RE GONNA GO THROUGH SOME OF 'EM.

UH, FOR ANY OF THE THREE AUSTIN STAFF, EITHER THE TWO THAT ARE ON ONLINE OR MS. DEARFIELD HERE, UH, IF YOU'LL TURN WITH ME TO PLEASE TO PAGE 17.

AND I READ, AND I QUOTE, AUSTIN IS KNOWN AS A COLLEGE TOWN WHERE PEOPLE COME FOR SCHOOL AND NEVER LEAVE, AND RESIDENTS OFTEN HAVE HIGHER LEVELS OF EDUCATION.

THIS SENTIMENT REFERS TO THE UNIVERSITY OF TEXAS AND NOT HOUSTON TILLISON A HISTORICALLY BLACK UNIVERSITY.

MY QUESTION IS, DO YOU MEAN TO DENIGRATE HOUSTON TILLISON AND SAY THAT THEY DON'T HAVE THE SAME LEVEL OF HIGHER EDUCATION AS THE UNIVERSITY OF TEXAS? OR PLEASE DESCRIBE THAT STATEMENT TO ME.

YEAH, I'M HAPPY TO TAKE THAT ONE.

AND IF YOU READ A LITTLE FURTHER, THE WHOLE POINT OF THAT SECTION WAS TO TALK ABOUT HOW, HOLD ON.

CAN YOU HEAR ME? HOLD ON.

UM, SO WE ARE MAKING, UM, AMENDMENTS.

SO DO YOU HAVE A SUBSTITUTE MOTION, UM, OR AN AMENDMENT TO THE BASE MOTION? OKAY.

MY AMENDMENT.

SO WE'RE NOT, WE'RE NOT Q AND AING ANYMORE.

OKAY.

WE'RE, WE'RE, SO IF, IF YOU WANT TO ADD SOMETHING, UH, SIMPLY PUT IN A PHRASE OR LIMIT OR CROSS THROUGH, UH, THAT WOULD BE, I DON'T, I'M TRYING TO THINK OF WHICH YOUR INTENT HERE AND WHERE YOU WANNA GO.

UH, SO THAT WOULD BE AN OPTION, UH, WITHIN THE PLAN ITSELF.

THIS WOULD BE SEPARATE, APART FROM WHAT THE COMMISSION, UM, WORKING GROUP DID.

BUT IF YOU HAVE YOUR OWN AMENDMENT, YOU WANT TO ADD, SUBTRACT, AMEND, I THINK WE'RE JUST TALKING ABOUT YOUR OWN AMENDMENT.

IT'S NOT AMENDING ANYTHING THEY DID, IS WHAT I HEARD.

SO THAT'S CORRECT.

OKAY.

SO I THINK WE'RE KIND OF, WE'RE GETTING AWAY A LITTLE BIT FROM OUR PROCESS.

UM, SO LET'S KEEP THIS STRAIGHT.

WE NEED TO FOCUS, I'M GONNA GIVE YOU YOUR TIME, BUT LET'S FOCUS ON THE WORKING GROUP AMENDMENTS.

AND COMMISSIONER ZA, YOU'RE MY PARLIAMENTARIAN.

SO I'M TRYING TO SEE THIS THROUGH.

THE WAY WE STRUCTURED THE RULES IS WE'RE GOING TO MOVE THROUGH THE WORKING GROUP FIRST, GET THOSE DONE, AND THEN WORK ON INDIVIDUAL AMENDMENTS.

AND MR. RIVERA, YOU CAN CORRECT ME IF I'M WRONG, SINCE WE'VE BEEN ABLE TO MOVE THROUGH THIS, I THINK AT THIS POINT WE CAN HAVE ADDITIONAL INDIVIDUAL AMENDMENTS AND, BUT YOU'RE CORRECT IN THAT WE CANNOT HAVE Q AND A AT THIS MOMENT.

ONCE THAT AMENDMENT HAS BEEN MADE, WE CAN HAVE IN A Q AND A ON THE AMENDMENT ITSELF.

OKAY, PERFECT.

I GOT YOU.

YES.

SO WE ARE ALLOWING THROUGH OUR RULES TO ASK YOU QUESTIONS ONCE YOU PROPOSE, UH, SUBSTITUTE, UH, AN AMENDMENT TO, WE'LL JUST CALL 'EM AMENDMENTS AT THIS POINT.

THEY'RE REALLY NOT SUBSTITUTES, I DON'T THINK.

MR. CHAIRMAN, I HAVE AN AMENDMENT.

OKAY.

UM, I WOULD LIKE TO DELETE PAGE 16, 17, AND 18 FROM THE, UH, BICYCLE PLAN, UM, THE DRAFT THAT WE HAVE.

OKAY.

SO WE NOW WE OPEN IT UP TO QUESTIONS FROM COMMISSIONERS, CHAD, AND THEY CAN DIRECT THAT TO STAFF OR TO YOU OR OTHER COMMISSIONERS.

DO I HAVE A COMM UH, QUESTION FOR COMMISSIONER HAYNES? CAN YOU WALK US THROUGH A LITTLE BIT YOUR THINKING BEHIND THOSE? SURE.

UM, LET'S START ON, UH, PAGE 17.

UM, THE QUOTE THAT I JUST READ WHERE IT SAYS THAT, UM, THE, THE HIGHER LEVELS OF EDUCATION AND THAT SENTIMENT REFERS TO THE UNIVERSITY OF TEXAS AND NOT HOUSTON TILLISON, WHICH IS A HISTORICALLY BLACK COLLEGE, I THINK THAT IS, IS ON ITS FACE RACIST SAYING THAT HOUSTON TILLESON DOESN'T HAVE THE SAME LEVEL OF HIGHER EDUCATION AS THE UNIVERSITY OF TEXAS DOES.

THAT'S NOT WHAT IT'S SAYING.

OKAY.

PLEASE CLARIFY.

SO, SO, UH, AGAIN, QUESTIONS FOR THE MOTION MAKER CHAIR, COMMISSIONER , BEFORE YOU DELVE INTO THE MATTER, IF YOU, IS THERE A SECOND? OKAY.

TO COMMISSIONER HAYNES PROPOSAL TO DELETE 16, 17, 18.

I'M SORRY.

UM, WHERE ARE WE, MR. RIVER? DO, DO WE, I, UM, HOLD ON MR. COX.

I'M TRYING TO, UH, I'M, I DID NOT UNDERSTAND WHAT YOU'RE DIRECTING US CHAIR.

SO COMMISSIONER HAYNES MAY AMEND HE NEEDS A SECOND BEFORE

[03:20:01]

YOU DELVE INTO THE MATTER.

SECOND IT JUST SO WE CAN HAVE THIS DISCUSSION.

YES.

OKAY.

I GET WHERE YOU'RE GOING.

I'M, I DIDN'T HEAR YOU CORRECT THIS.

THANK YOU.

SO DO WE HAVE A SECOND? COMMISSIONER COS OKAY.

ALL RIGHT.

NOW WE CAN DELVE INTO THE MATTER.

AND SO I GUESS JUST, I'M SORRY.

THANK YOU FOR CORRECTING US MR. RIVER.

SO JUST GOING BACK TO MY QUESTION AND THEN WE CAN OPEN IT UP TO OTHER COMMISSIONER HAYNES, IS THERE ANYTHING ELSE LIKE YOU WOULD LIKE TO ADD TO EXPLAIN YOUR MOTION AT THIS MOMENT? UH, I KNOW YOU'VE TALKED ABOUT PAGE NUMBER 17.

IS THERE SPECIFIC THINGS ON 18 OR 19 OR OTHER THINGS? SURE.

ON, ON PAGE 18, I READ FROM THE THIRD COLUMN, THE REAL ESTATE AND REVE REDEVELOPMENT INDUSTRIES CONTINUE TO ACTIVELY SUPPORT SEGREGATION AND DISPLACEMENT.

UH, BECAUSE PREDOMINANTLY ROCK COMMUNITIES ARE PERCEIVED, UH, AS HIGHER VALUE.

I'VE GOT, I'M NOT PERSONALLY IN THE REAL ESTATE OR RE REDEVELOPMENT INDUSTRY.

I HAVE FRIENDS IN THE REAL ESTATE AND REDEVELOPMENT INDUSTRY.

EVERY ONE OF US ON THIS COMMISSION WORK IN THE RE REDEVELOPMENT INDUSTRY AS WE PASS ORDINANCES AND REZONING AND EVERYTHING LIKE THAT.

I DON'T THINK ANYBODY ON THIS COMMISSION IS RACIST.

AND, UH, I DON'T THINK ANYBODY ON THIS COMMISSION SUPPORTS SEGREGATION OR DISPLACEMENT.

AND I KNOW MY FRIENDS IN THE REAL ESTATE, UH, INDUSTRY DO NOT SUPPORT, UM, DISPLACEMENT OR SEGREGATION.

AND THANK YOU COMMISSIONER HANS.

THAT'S ALL MY QUESTIONS.

THANK YOU, CHAIR.

OKAY.

ALL RIGHT.

SO THAT'S, UM, I'M GONNA GO AND, UH, JUST MAKE COMMISSIONER COX.

OKAY, GO AHEAD.

I, I, I JUST WANTED TO KIND OF, I'LL MAKE TWO COMMENTS TO, TO COMMISSIONER HANS TO SEE IF HE, SO, SO LET'S NOT, WE'RE NOT, UM, ARE, ARE YOU ENTERTAINING A SUBSTITUTE AN AMENDMENT TO HIS AMENDMENT? IS THAT WHERE WE'RE GOING? NO, I WAS OKAY.

I WAS, I WAS GONNA, I WE'RE NOT, I GUESS WE'RE NOT AT THIS POINT OF JUST COMMENTING ON THE AMENDMENTS, UH, AT THIS POINT.

NO, NO, NO.

I WAS, I WAS GONNA ASK, I GUESS QUESTION IT.

OKAY.

WE CAN DO THAT TO COMMISSIONER HAYNES IS, UM, YOU KNOW, ALL, ALL OF THIS SECTION IS, IS CALLED ACKNOWLEDGEMENT OF ONGOING EFFECTS OF SYSTEMIC RACISM.

SO WHEN, WHEN, WHEN, WHEN YOU UNDERSTAND THAT, AND THEN YOU READ THE STATEMENT ABOUT, UH, HOUSTON TSON UNIVERSITY, DOES IT NOT, DO YOU NOT INTERPRET THAT AS BASICALLY HIGHLIGHTING THE FACT THAT THAT, THAT THAT IS RACIST? LIKE IT'S HIGHLIGHTING A, A SYSTEMIC RACISM ISSUE? CORRECT.

THAT'S NOT THE WAY I READ IT.

I, IT, UM, IF YOUR QUESTION IS TO ME, I MEAN, IT SAYS RESIDENTS, IT SAYS PEOPLE COME TO THIS TOWN NEVER LEAVE, AND RESIDENTS OFTEN HAVE HIGHER LEVELS OF EDUCATION.

THAT'S A, THAT'S A FACTUAL STATEMENT.

THE NEXT SENTENCE SAYS THAT SENTIMENT, WHAT WE JUST TALKED ABOUT, REFERS TO THE, THE FOLKS FROM UT AND NOT HT CORRECT.

AND THAT THAT IS HIGHLIGHTING AN ASPECT OF SYSTEMIC RACISM, WHICH IS THE WHOLE POINT OF THIS SECTION THAT TO HAVE SUCH A SENTIMENT TO HAVE TO HOLD SUCH A SENTIMENT WOULD BE A RACIST ACT.

MICROPHONE, PLEASE.

SO, UM, AGAIN, WE'RE ASKING QUESTIONS TO THE MOTION MAKER, I GUESS.

UM, WE, UM, SO NOW WE HAVE A MOTION ON THE TABLE.

WE'RE KIND OF OUTTA QUESTIONS.

UH, SO I, I CAN THINK OF WAYS TO MAYBE FINE TUNE THIS A LITTLE, BUT IT, BOY, WE COULD SPEND A LOT OF TIME DOING THAT.

SO I'M TEMPTED JUST TO VOTE, UH, GO AND VOTE ON THIS AND SEE WHERE IT TAKES.

WELL, I MEAN, I DON'T THINK IT HAS A SECOND, SO, YEAH, IT DID.

UM, WE WE'RE GONNA GO AND PROCEED THAT WAY.

UH, WE'LL GET A SECOND BEFORE WE MOVE ON TO Q AND A.

THAT'LL JUST HELP SPEED THINGS ALONG.

OKAY.

SO, UM, THIS IS, AS I UNDERSTAND IT, THE MOTION, UH, BY, UH, COMMISSIONER HAYNES SIGNALED BY COMMISSIONER COX TO RE UH, DELETE PAGES 16, 17, AND 18.

AND, UM, SO WE'LL GO AND DO YOU WANNA SPEAK TO THAT MOTION OR IF WE, I, I THINK I, I MEAN, MY POSITION'S PRETTY CLEAR.

I KNOW WHERE WE ARE.

I'M GONNA ALLOW ANY OTHERS WANNA SPEAK COX? I'M SORRY.

YEAH, CHAIR COX.

GO AHEAD.

CHAIR.

I'M GONNA, I'M GONNA VOTE AGAINST THIS MOTION.

UH, I SECOND IT SO THAT WE COULD TRY TO HAVE SOME SEMBLANCE OF A CONVERSATION ABOUT IT.

BUT, BUT I WILL MAKE A COMMENT THAT I, I WISH I, THIS IS AN EXTREMELY IMPORTANT SUBJECT, BUT, UH, I WISH THAT IT WAS MORE DIRECTLY RELATING THESE ITEMS EXPLICITLY TO SECTIONS IN THE

[03:25:01]

PLAN AND WHAT THE PLAN IS DOING.

UM, IT JUST, IT JUST SEEMS A LITTLE, KIND OF LIKE A HISTORY LESSON IN THE MIDDLE OF THIS BIKE PLAN.

AND, AND, AND I'M NOT NECESSARILY UNDERSTANDING, YOU KNOW, THE DIRECT CONNECTIONS TO ALL OF THIS.

SO THAT WOULD BE MY SUGGESTION IF THIS WAS EVER EDITED, IS TO TRY TO DIRECTLY RELATE THIS TO SPECIFIC THINGS THAT ARE IN THE BIKE PLAN, RATHER THAN JUST HAVING KIND OF THIS INSERTED ACKNOWLEDGEMENT OF SYSTEMIC RACISM IN THE MIDDLE OF THIS PLANNING DOCUMENT.

THAT'S JUST THE COMMENT I WANTED TO MAKE.

SO IT'S A COMMENT.

I DO YOU HAVE A, I'M JUST TRYING TO, 'CAUSE I THINK THERE IS SOME MERIT TO WHAT YOU SAID.

IS THERE A ANY KIND OF SUBSTITUTE MOTION THERE OR THAT YOU MIGHT ENTERTAIN TO MAKE THIS A RECOMMENDATION? I MEAN, SURE.

YEAH.

I, I, I, IF, IF THE COMMISSION IS WILLING, I, I WOULD GO AHEAD AND MAKE A SUBSTITUTE MOTION THAT REQUEST THAT STAFF MORE DIRECTLY INSERT OR RELATE THE ITEMS THEY HIGHLIGHT OF SYSTEMIC RACISM TO SPECIFIC ITEMS IN THE BICYCLE PLAN.

OR THERE MIGHT BE A MORE ELOQUENT WAY OF SAYING THAT.

, CAN I OFFER A CLARIFICATION HERE? IS THAT APPROPRIATE? YES, PLEASE.

SO ONE OF THE THINGS THAT WE HEARD LOUD AND CLEAR THROUGH THIS PROCESS IS JUST ALL THREE PLANS, DISPLACEMENT AND GENTRIFICATION, LIKE DISPLACEMENT IS CAUSING LIKE HUGE PROBLEMS, AS WE ALL KNOW, RIGHT? UH, THE THREE CENTRAL CHALLENGES WRITTEN INTO THIS PLAN, LIKE, THIS IS A LITTLE HISTORY LESSON, BUT IT IS ALSO TO KIND OF PAINT A VERY CLEAR AND NOT SO, UH, DISTANT PICTURE OF HOW VULNERABLE POPULATIONS ARE THROUGH THAT LENS OF SYSTEMIC RACISM.

UM, THIS WHOLE SECTION WAS ALSO REVIEWED BY OUR COMMUNITY AMBASSADORS, UH, WITH A FINE TOOTH COMB.

UH, THE, THE HUGE CHALLENGE WITH EQUITY OUTCOMES, YOU KNOW, WE SET ABOUT THIS PLANNING PROCESS TO HAVE EQUITABLE OUTCOMES, UH, THROUGH OUR MODAL PLANS, WHICH IS A REALLY, REALLY TALL ORDER, PARTICULARLY AGAINST THE BACKGROUND OF LIKE HYPER, UM, YOU KNOW, AFFORDABILITY ISSUES AND DISPLACEMENT HAPPENING.

IT, IT'S NEARLY IMPOSSIBLE TO PLAN FOR IT.

I SAY THAT HUMBLY LIKE WE'RE TRYING OUR BEST TO DO IT, BUT WHILE, YOU KNOW, PEOPLE ARE BEING DISPLACED OUTTA COMMUNITIES, IT GETS REALLY TRICKY TO TALK ABOUT LIKE, WHO IS THE SAFER STREETS THAT WE'RE TALKING ABOUT FOR WHO WILL GET TO USE THEM IF PEOPLE HAVE TO, UM, ARE DISPLACED TO OUTLYING AREAS THAT HAVE VERY LIMITED CONNECTIVITY, VERY LITTLE STUFF WITHIN WALKING, BICYCLING, UH, RANGE TRANSIT SERVICES ISN'T EVEN PROVIDED.

THERE'S INEQUITABLE OUTCOMES BAKED INTO THE DISPLACEMENT THAT'S HAPPENING.

SO THAT'S WHY WE FELT LIKE IT WAS IMPORTANT TO KIND OF DRAW THIS IN AND TALK ABOUT THE VULNERABILITY, SYSTEMIC RACISM, AND HOW IT RELATES TO, UH, EQUITABLE OUTCOMES THROUGH THE LENS OF THE MODAL PLAN.

HOPEFULLY THAT HELPS.

OKAY.

COMMISSIONER HAYNES, GO AHEAD.

SURE.

TO, UH, COMMISSIONER COX, UM, I APPRECIATE YOUR EFFORTS TO DO THAT.

ONE OF THE QUESTIONS THAT I HAVE SPECIFICALLY ASKED, AND I'VE ASKED IT FOR A MONTH AND HAVE YET TO RECEIVE A, A REPLY FROM STAFF ON IT, IS, IS YOUR DIRECT QUESTION.

I HAVE ASKED STAFF SPECIFICALLY, PLEASE POINT TO A, A BIKE PLAN, UH, A SEGMENT OF BIKING, WHATEVER THE CASE MAY BE THAT ADDRESSES SYSTEMATIC RACISM, JIM CROW LAW, HOW HAVE YOU REVERSED OKAY.

OR ADDRESSED SYSTEMATIC RACISM, JIM CROW LAWS THAT, THAT YOU, YOU HAVE ADDRESSED SPECIFICALLY IN THESE THREE STAGES.

SO I, I, I THINK APPRECIATE THAT.

UM, APPRECIATE STAFF.

LET'S GO.

AND I'M LETTING THIS THING GET A LITTLE OFF TRACK.

I'M TRYING TO ACCOMMODATE FOLKS IN, IN HERE, AND I THINK IT'S GETTING A LITTLE SIDEWAYS.

I'M SORRY ABOUT THAT.

BUT DID WE HAVE A SECOND TO COMMISSIONER COX MOTION, UH, SUBSTITUTE MOTION? NO, WE CAN SECOND.

OKAY.

SO DO WE HAVE A SECOND? AND I'LL READ THE MOTION AGAIN FOR CLARITY.

COMMISSIONER COX, PLEASE CORRECT ME.

YOU HAD SAID, HEY, CAN I, CAN I, CAN I JUST, CAN I REWORD IT? 'CAUSE MY, PROBABLY MY INITIAL ONE WAS A, A MESS.

BUT MY SUBSTITUTE MOTION IS AS SIMPLE AS, UM, ADD INFORMATION TO THE ACKNOWLEDGEMENT OF ONGOING EFFECTS OF SYSTEMIC RACISM SECTION THAT, THAT DIRECTLY RELATE THE ITEMS HIGHLIGHTED TO SECTIONS IN THE BIKE PLAN THAT ADDRESS THESE ISSUES.

SO, DO WE HAVE A SECOND? I'LL SECOND IT.

ALL RIGHT.

COMMISSIONER HAYNES SECOND THAT.

UM, SO I WOULD LIKE TO JUST, UH, MOVE THIS ALONG AND

[03:30:01]

DO THE UP AND DOWN VOTE.

SO, UH, LET'S, UM, GO AHEAD AND LOOK ON THE DIOCESE IN FAVOR OF THIS MOTION.

ALL RIGHT.

THAT'S TWO.

AND, UH, THOSE ON THE SCREEN IN FAVOR, UM, COMMISSIONER COX.

ALL RIGHT.

SO THOSE AGAINST THE MOTION ON THE DIOCESE.

ALL RIGHT.

AND THOSE AGAINST THIS MOTION VIRTUALLY AND THOSE ABSTAINING.

OKAY.

SO WE'VE GOT, I'M GONNA MAKE THIS EASY ON ME AGAIN, THOSE IN FAVOR.

AND THE MOTION FAILS IS COMMISSIONER HAYNES, COMMISSIONER COBB CHAIR SHAW VOTED IN FAVOR.

AND SO THAT MOTION FAILS.

AND, AND VICE HEMPEL ABSTAIN.

OH, YES.

AND VICE CHAIR HEMPEL ABSTAIN.

ABSTAIN.

OKAY.

ALL RIGHT.

SO THAT, UM, THAT FAILS.

SO WE ARE BACK TO THE ORIGINAL MOTION, WHICH IS, UH, STRIKES DELETE 16, 17, AND 18 PAGES.

SO LET'S GO AHEAD AND TAKE A VOTE ON THAT.

UM, THOSE ON THE DIOCESE IN FAVOR OF THAT MOTION BY COMMISSIONER HAYNES, SECONDED BY COMMISSIONER COX.

ALL RIGHT.

WE'VE GOT ONE IN FAVOR.

THOSE ON THE SCREEN IN FAVOR, AND THOSE IN OPPOSITION OF THE MOTION AND THOSE IN OPPOSITION ON THE SCREEN.

OKAY.

SO THAT MOTION FAILS.

AND AGAIN, I'LL MAKE IT EASY ON MYSELF IF IT'S ONLY COMMISSIONER HAYNES VOTING IN FAVOR.

SO LET'S GO AHEAD AND MOVE.

DO, UM, WE HAVE AN, THE WAY WE'RE GOING NOW, INDIVIDUAL AMENDMENTS.

UH, DO WE HAVE ANY ADDITIONAL INDIVIDUAL AMENDMENTS? CHAIR? YES.

COMMISSIONER ANDERSON, YOU'LL, YOU'LL HAVE TO FORGIVE ME.

I, I'M GONNA THROW THIS OUT THERE AND, AND LOOK, LOOK FOR HELP.

THERE'S AN AMENDMENT HERE AND I'M NOT QUITE SURE WHAT IT IS.

BUT RIGHT NOW WE HAVE, UM, AUSTIN POWER DEPARTMENT HAS A LOCAL AMENDMENT TO THE INTERNATIONAL FIRE CODE REQUIRING 25 FOOT WIDE LANES WIDER THAN MOST CITIES IN TEXAS, WIDER THAN MOST OF OUR PEERS.

WE KNOW THAT WIDER LANES ENCOURAGES FASTER DRIVING SPEEDS AND FASTER DRIVING SPEEDS, CREATES MORE PEDESTRIAN DEATHS AND FATALITIES.

SO THERE, WHAT COULD THE POSSIBLE AMENDMENT BE AT THIS TIME WHERE INSTEAD OF US BUILDING THE CITY AROUND THE TRUCKS THAT WE WANT, WE CAN BUILD OUR TRUCKS AROUND THE CITY THAT WE WANT AND GO BACK DOWN TO 20 FOOT WIDE LANES IN AUSTIN, TEXAS.

LIKE WE USED TO BUILD SECOND STREET, MUCH OF MILLER, AND THEN AUSTIN FIRE SAID WE CAN'T DO THOSE THINGS ANYMORE.

UH, SO THIS WOULD BE THE INDIVIDUAL, INDIVIDUAL AMENDMENT APPLYING TO WHICH OF THE, UH, SEGMENTS, I GUESS, WHICH IS OKAY.

'CAUSE WE HAVEN'T DONE THAT.

UH, THAT WOULD BE FOR THE, WHICH SECTION IS, IS THIS TO THE, AS M P GREG, OR IS THIS TO THE BICYCLE PLAN AND NO, THIS IS A, THIS WOULD BE, WELL, I THINK IT'S JUST AN INDIVIDUAL AMENDMENT, BUT IN, WE HAVEN'T CLOSED OUT THE BICYCLE PLAN.

AND I'LL BE HONEST, WE'RE PAST THE ASS M P SO AT THIS POINT, ANY MOTION THAT IS BEING MADE APPLIES ONLY TO THE BICYCLE PLAN.

WELL, DID WE GIVE, I DON'T THINK WE GAVE FOLKS A CHANCE TO MAKE INDIVIDUAL, INDIVIDUAL AMENDMENTS TO THE OTHER TWO MAYBE.

IS THAT CLEAR? WE CAN RECONSIDER THAT.

WE CAN, WE WOULD HAVE TO GO BACK AND REOPEN.

I THINK WE CLOSED, WE CAN DO THIS QUICKLY.

DO YOU WANNA RECONSIDER IT? I CAN MAKE THIS MOVE QUICKLY, BUT FIRST WE NEED TO CLOSE OFF BY PLAN.

I THOUGHT WE ONLY SETTLED THE CONSENT AGENT.

UH, CONSENT FOR IT.

NO, WE ALREADY.

OKAY.

UH, CAN WE JUST DO THIS WAY, MR. ANDERSON, IF WE CAN JUST DO IT RELATED TO BIKE PLAN RIGHT NOW AND THEN IF NECESSARY, WE CAN HAVE A CONSIDERATION FOR THE OTHER PLANS.

BUT RIGHT NOW WHAT WE HAVE IN FRONT OF US IS THE BIKE PLAN BASED MOTION.

THAT'S PERFECT.

THANK YOU.

OKAY.

ALL RIGHT.

SO, AND WHAT I HAVE NOTED IS WORK WITH AUSTIN, OR PLEASE, UM, I JUST MADE UP SOME LANGUAGE, SO PLEASE BEAR WITH ME.

WORK WITH AUSTIN FIRE DEPARTMENT TO RECONSIDER LANE WITH, TO BETTER IMPROVE SAFETY FOR BICYCLISTS, PEDESTRIANS, AND OTHER MOBILITY USERS.

OKAY.

SO ANY MORE INDIVIDUAL AMENDMENTS TO THE BIKE PLAN? WE HAVEN'T SECONDED THIS CHAIRS, JUST TO CLARIFY, WE WOULD NEED TO SECOND THIS MOTION AND HAVE ANY Q AND A ON IT.

UH, SO I GUESS I WAS LOOKING TO SEE IF, 'CAUSE WE HAD INDIVIDUAL AMENDMENT, UH, PROPOSED BY COMMISSIONER HAYNES.

SO IT'S OPENING UP TO OTHER INDIVIDUAL AMENDMENTS BEFORE.

YEP.

AND I BELIEVE THAT THIS IS AN INDIVIDUAL ADMISSION, UH, AMENDMENT BY COMMISSIONER ANDERSON ON THE BIKE PLAN.

AND I THINK WE HAVE A SECOND FROM COMMISSIONER CONLEY.

DID YOU? YES.

SECOND BY COMMISSIONER CONLEY, WHICH NOW MEANS WE CAN HAVE A QA ON THIS INDIVIDUAL AMENDMENT.

OKAY.

OKAY.

SO QUESTIONS TO THE, UH, MOTION MAKER.

COMMISSIONER COX HAS HIS HAND UP.

YES.

COMMISSIONER COX WOULD, UH, I, I DON'T KNOW IF THIS IS THE MOST APPROPRIATE PLACE TO DO AN AMENDMENT LIKE THAT SINCE WE'RE TALKING ABOUT, UH, I ASSUME THE INTERNATIONAL FIRE CODE,

[03:35:01]

UM, THAT WAS AMENDED BY A F D.

BUT WHAT, WHAT I COULD SUPPORT IF COMMISSIONER ANDERSON'S WILLING IS, IS MAYBE HAVE STAFF EXPLORE THE OPPORTUNITY WHERE POSSIBLE TO ENABLE THAT REQUIRED WIDTH FOR FIRE CODE PURPOSES TO ALSO UTILIZE BI ON BICYCLE PAVEMENT SUCH THAT THE VEHICLE LANES TAKE UP LESS SPACE, BUT THE TOTAL PAVEMENT WIDTH IS STILL PER WHATEVER THE CURRENT AUSTIN FIRE CODE IS.

SO THAT'S A QUESTION.

DOES THAT MAKE SENSE? YEAH, GO AHEAD.

COMMISSIONER ANDERSON, DO YOU WANNA ANSWER THAT? SURE.

I MEAN, AS SOMEBODY WHO, I MEAN, I DON'T HAVE A CAR.

I ALWAYS GET AROUND ON MY BIKE AND THERE'S NOTHING WORSE THAN A BIKE LANE WHERE YOU'RE PROTECTED BY A STRIP OF PAINT.

RIGHT? AND SO IF WE CAN HAVE TRUE CURBS AND TRUE PROTECTED BIKE PATHS AND RAISED CURBS AND STILL SATISFY THOSE THINGS, AS FAR AS I UNDERSTAND THAT THOSE THINGS AREN'T ACCEPTABLE TO THE 25 FOOT REQUIREMENT, WHICH IS ONE REASON THAT I HOPE THIS BODY AND, AND COUNCIL AND EVERYBODY IN THE CITY COULD WORK ON IT.

'CAUSE IT WORKS COMPLETELY AGAINST VISION ZERO.

BUT I APPRECIATE WHERE YOU'RE GOING WITH IT.

JUST, JUST TO CLARIFY, I, UM, WE HAVE DESIGNS LIKE ON PURANAS, THAT WAS LIKE THE FIRST CONCRETE CURB THAT WE BUILT THAT WAS A F D HARD MOUNTABLE.

THEY CONSIDER IT KIND OF PART OF THEIR MANEUVER ZONE.

UM, I, I THINK THE ASS M P IS REALLY THE APPROPRIATE PLACE TO, UM, YOU KNOW, IF, IF NOT AGAINST KIND OF LIKE A FIRE CODE AMENDMENT, YOU KNOW, LOCAL AMENDMENT TO THE FIRE CODE, UM, THE ASS M P WOULD PROBABLY BE THE BETTER CARRIER FOR, YOU KNOW, THE, ALL THE MULTIMODAL BALANCE ABOUT HOW WE DESIGN OUR STREETS.

OKAY.

SO THAT'S THE FIRST QUESTION.

I THINK WE HAVE ROOM FOR ONE MORE.

OKAY.

SO, UM, LET'S GO, LET'S GO AHEAD AND RESTATE THAT MOTION.

AND I THINK WE'RE GONNA TAKE A VOTE ON TRICIA, DO WE WORK WITH AUSTIN FIRE DEPARTMENT TO CON RECONSIDER LANE WIDTH TO BETTER IMPROVE SAFETY FOR BICYCLISTS, PEDESTRIANS, AND OTHER USERS? OKAY.

I'LL JUST MAKE IT.

DO WE HAVE ANY OPPOSITION TO THIS INDIVIDUAL MEMBER? DO YOU WANNA SPEAK TO THIS? I CAN'T, CAN'T VOTE.

YOU.

YOU WANNA SPEAK TO, YOU CAN SPEAK TO IT IF YOU IS, UH, EX OFFICIO.

I, I I JUST WANTED TO OFFER UP ONE BIT OF INFORMATION.

I KNOW COMMISSIONER ANDERSON'S PROBABLY GONNA HATE ME FOR THIS, BUT HAVING DRIVEN A FIRETRUCK, UH, AUSTIN CAP METRO BUSES ARE EIGHT AND A HALF FEET.

FIRETRUCK IS 10.

I JUST THOUGHT I'D THROW THAT OUT THERE.

OKAY.

EIGHT AND A HALF FEET WIDTH.

10 FOOT WIDTH.

AND COMMISSIONER COX, DID YOU HAVE SOMETHING? I WAS JUST GONNA SAY THAT I, I'D, I'D LIKE TO STAIN.

I JUST, I JUST DON'T, I JUST DON'T THINK THAT THIS IS NECESSARILY THE RIGHT VENUE AND I'M REALLY OPEN TO THIS IDEA, BUT I'D LIKE TO HAVE A F D INVOLVED IN THAT CONVERSATION.

SO I, I'D LIKE TO STAND FROM THIS ITEM.

ALRIGHT.

SO, UM, NO SUBSTITUTES OR AMENDMENTS, WE'RE GONNA VOTE? NOPE.

OKAY.

DO YOU WANNA FOR AGAINST JUST MAKE A VERY BRIEF COMMENT BEFORE? UM, I, I COMPLETELY AGREE.

I THINK, YOU KNOW, DUE TO THE ORDER OF THE WAY THE MEETING IS GOING AND THE TIMING IN WHICH THIS AMENDMENT APPEARED, UM, THIS AMENDMENT REALLY DOES BELONG IN THE A S M P.

UM, BUT I WANNA MOVE THIS FORWARD BECAUSE OF THE SENTIMENT HERE.

I DON'T BELIEVE THAT WE SHOULD DESIGN OUR STREETS AROUND OUR FIRETRUCKS.

I THINK THAT WE SHOULD HAVE, UM, YOU KNOW, FIRETRUCK THAT, THAT, THAT, THAT BELONG IN THE 21ST CENTURY, UM, AND THAT, THAT THAT FUNCTION, UM, YOU KNOW, FOR THE NEEDS OF OUR CITIES AND NOT THE OTHER WAY AROUND.

SO, UM, YOU KNOW, I I SUPPORT MOVING THIS CONVERSATION FORWARD.

AND ANYTHING WE CAN DO TO NUDGE, UM, IN THE DIRECTION OF HAVING THIS CONVERSATION AS A CITY, I THINK IS VERY IMPORTANT.

UM, BECAUSE WE, WE SACRIFICE A LOT, UM, UH, TO THESE RATHER ARBITRARY AND OUTDATED REQUIREMENTS IMPOSED ON US BY THE FIRE DEPARTMENT.

OKAY.

UH, I ABOUT A, UM, DISCUSSION WE CAN ANY FOR AGAINST BEFORE WE VOTE.

ALL RIGHT, LET'S GO AHEAD AND TAKE THE VOTE.

UH, THOSE ON THE DICE IN FAVOR OF THIS MOTION.

ALL RIGHT.

AND THOSE VIRTUALLY IN FAVOR.

OKAY.

AND, UH, THOSE IN OPPOSITION TO THE MOTION AND THOSE IN OPPOSITION, UH, VIRTUALLY.

SO THAT BY MY COUNT, THAT MOTION PASSES THEN.

AND THAT WAS WITH, UH, COMMISSIONER HAYNES AND SHAW VOTING

[03:40:01]

IN OPPOSITION.

AND COMMISSIONER COX? ABSTAINING.

ABSTAINING.

ALRIGHT.

SO, UM, PARLIAMENTARIAN, CAN YOU TELL US WHERE WE'RE AT BECAUSE YES.

SO WE'RE BACK TO INDIVIDUAL MOTIONS ON THE BICYCLE PLAN, ANY INDIVIDUAL AMENDMENTS TO BICYCLE PLAN.

OKAY.

I'M LOOKING AROUND ANY, ANY FURTHER.

OKAY.

JAYNA, WE TAKE A NEED TO TAKE A MOTION, UH, SORRY.

A VOTE ON THIS MOTION.

THIS IS A MOTION, UH, TO APPROVE THE BICYCLE PLAN WITH THE WORKING GROUP AMENDMENTS AND THE AMENDMENT THAT COMMISSIONER ANDERSON JUST HAD THAT GOT APPROVED.

OKAY.

UH, DO WE HAVE A SECOND? COMMISSIONER MAXWELL.

UM, DO WE NEED ANY, UH, DISCUSSION? I KNOW, GO AHEAD.

COMMISSIONER AZAR.

I'M SORRY, JUST TO CONFIRM, COMMISSIONER MR. RIVER VERA, WE ALREADY HAD A SECOND ON THIS, CORRECT? YES, SIR.

CHAIR, COMMISSIONER LADIES ON ANDREW VERA? YES, I DO BELIEVE YOU'VE HAD A SECOND ON THE, UM, BASE MOTION.

YES.

CAN SOMEONE REMIND ME WHO THE SECOND WAS? UH, COMMISSIONER.

OH, COMMISSIONER WOODS.

SO THIS IS A MOTION BY ME, UH, SECONDED BY COMMISSIONER WOODS.

AND THE MOTION HAS ALREADY BEEN MADE, SO WE JUST HAVE TO VOTE ON IT.

OKAY.

I'D, I'D LIKE TO TAKE AN UP AND DOWN VOTE 'CAUSE WE HAVE A HEAVY LIFT COMING UP.

OKAY.

UH, LET'S GO TO THOSE IN FAVOR, UM, ON THE DIOCESE.

ALL RIGHT, THOSE IN FAVOR, VIRTUALLY PLEASE SHOW ME YOUR COLORS.

OKAY.

AND THOSE, UH, THAT ARE VOTING AGAINST THIS MOTION.

UH, OKAY.

AND THOSE ON THE SCREEN, ALL OF YOU ALREADY VOTED.

SO THAT PASSES WITH, UH, COMMISSIONER HAYNES VOTING IN OPPOSITION.

OKAY, NOW WE HAVE A QUESTION.

COMMISSIONER ANDERSON, DO YOU WISH TO MAKE A MOTION TO A S M P OR THE OTHER PLANS? ANYONE CAN MAKE THAT HAPPEN? VERY QUICKLY.

IT'S YOU, SIR.

GOSH, I'M GONNA MAKE THIS VERY QUICKLY.

FOLKS FOLLOW ALONG WITH ME.

I'LL HAVE TO ASK TO RECONSIDER OUR INDIVIDUAL, UH, OUR ORIGINAL MOTION, AT WHICH POINT WE, WE WILL HAVE TO RECONSIDER AND THEN I WILL MAKE AN AMENDMENT TO THAT.

OKAY? SO I'M MAKING A MOTION THAT WE RECONSIDER OUR MO UH, OUR, OUR MOTION ON THE A S M P AND THE BIKE RACE, UH, SORRY, THE CROSSINGS PLAN AND THE URBAN TRAILS PLAN.

ALL RIGHT.

ANY OPPOSITION? COMMISSIONER WOODS SECONDS? WE HAVE A SECOND.

WE HAVE AN OPPOSITION FROM, UH, COMMISSIONER COX.

OKAY, SO THAT, THAT DOES PASS.

YEP, THAT PASSES 9 1 0.

AT WHICH POINT NOW WE'RE CONSIDER RECONSIDERING IT.

SO JUST TO REMIND PEOPLE WHAT THE MOTION WAS.

THE MOTION IS THAT WE'RE APPROVING A S M P, THE URBAN TRAILS PLAN, THE SIDEWALK SHARED STREETS AND CROSSINGS PLAN WITH ALL THE WORKING GROUP AMENDMENTS.

THAT'S OUR BASE MOTION.

AND I BELIEVE COMMISSIONER ANDERSON, YOU HAVE AN AMENDMENT TO THIS THAT YOU'RE SUGGESTING WITH THE SAME LANGUAGE AS THE ONE THAT WE JUST DID FOR BIKE PLACE, CORRECT? SO THE, CORRECT, SO THE MOTION WE HAVE, I'LL READ IT HERE IN A SECOND.

THE MOTION IS WORK WITH THE AUSTIN FIRE DEPARTMENT TO RECONSIDER LANE WITH, TO BETTER IMPROVE SAFETY FOR BICYCLIST, PEDESTRIANS, AND OTHER USERS.

WE DO NEED A SECOND FOR THIS MOTION.

ALRIGHT, DO WE HAVE A SECOND? COMMISSIONER WOODS.

SO WE'RE JUST RIGHT NOW VOTING ONLY ON THE AMENDMENT.

UH, MOTION BY COMMISSIONER ANDERSON.

SECOND AWAY.

COMMISSIONER WOODS WORK WITH AUSTIN FIRE DEPARTMENT TO RECONSIDER LANE WITH, TO BETTER IMPROVE SAFETY FOR BICYCLIST, PEDESTRIANS, AND OTHER USERS.

CHAIR.

POINT OF ORDER.

MR. PARLIAMENTARIAN, UH, CORRECT ME IF I'M WRONG, BUT YOU CAN ONLY DO A MOTION TO RECONSIDER IF THERE'S OPPOSITION OR IF THERE HAS TO BE ONE PERSON THAT VOTED EITHER FOR OR AGAINST, AND THEN ONLY THAT PERSON CAN MAKE THE MOTION TO RECONSIDER.

I WOULD HAVE TO LOOK AT MR. VERA.

I THOUGHT THAT AS LONG AS SOMEONE FROM THE PREVAILING SIDE, I LOOKED IT UP REAL QUICK.

CHAIR, COMMISSIONER LADIES.

ANDREA? YES.

IT'S UP FROM THE PREVAILING SIDE.

FROM THE PREVAILING SIDE, CORRECT? YEAH, FROM THE PREVAILING SIDE.

AND SINCE I WAS A PREVAILING SIDE, I WAS THERE.

ANY VOTE AGAINST THAT ONE? NEVERMIND, .

OKAY.

SO FOR NOW, JUST TO CLARIFY, WE'RE ONLY VOTING ON THIS AMENDMENT SPECIFICALLY JURY.

YOU CAN CALL THE VOTE.

ALL RIGHT.

SO LET'S, UH, GO AHEAD AND MOVE TO THE VOTE.

UH, THOSE ON THE DS IN FAVOR.

ALL RIGHT.

UH, ALL RIGHT.

AND, UH, THOSE, THOSE ON THE SCREEN IN FAVOR? OKAY.

THOSE, UH, ON, ON THE DAIS IN OPPOSITION, AND THEN ABSTENTION, WE HAVE COMMISSIONER COX.

SO THAT MOTION PASSES.

SEVEN ONE.

THANK YOU, CHAIR.

NOW WE GO BACK TO OUR BASE MOTION, WHICH IS A S M P, URBAN TRAILS, THE SIDEWALK.

I'M NOT GONNA GET THEIR NAME RIGHT, FOLKS, THAT WITH ALL THE AMENDMENTS FROM THE WORKING GROUP AND THE AMENDMENT THAT WE JUST VOTED ON FROM COMMISSIONER ANDERSON.

BEFORE WE DO THAT, I GUESS EVERY, ANY OTHER INDIVIDUAL WE CHAIR, YOU WANNA CALL ANY OTHER INDIVIDUALS? YEAH, I THINK WE ALREADY ASK.

UM, BUT IT IS AN OPPORTUNITY

[03:45:01]

THAT I DON'T SEE ANYONE RAISING THEIR HAND.

ANYTHING.

OKAY.

CHAIR, YOU CAN CALL THE MOTION.

ALL RIGHT, LET'S GO AND VOTE ON THE MOTION.

UH, WE DID HAVE A SECOND, RIGHT? YES.

NO, I, WE ALREADY HAD IT.

OKAY.

ALRIGHT, GO.

LET'S GO AND VOTE ON THE DICE.

THOSE IN FAVOR? ALL RIGHT, THAT'S ALL HANDS.

AND THOSE ON THE SCREEN.

SO'S UNANIMOUS.

THANK YOU.

WOODS WAS TO BE THE SECONDED.

YES.

THANK YOU CHAIR.

THANK YOU.

COMMISSIONER ZA, AND THANK YOU CHAIR.

THANK YOU STAFF.

THANK YOU, MARK.

SO JUST THANKS EVERYBODY.

UM, MR. RIVERA, ANYTHING THERE? UH, QUESTIONS.

THAT WAS A LOT.

THANK YOU, PARLIAMENTARIAN FOR YOUR ASSISTANCE.

ALL RIGHT, WE'RE GONNA TAKE A QUICK BREAK.

UM, IT'S 10 30, THEN WE HAVE ONE MORE.

UH, I GUESS I SEE SOMEBODY, UH, ARE WE GONNA TAKE A BREAK? OKAY.

ALL RIGHT.

SO WE ARE GONNA COME BACK AT, UH, 10 40.

[03:55:24]

SO

[03:55:25]

RECONVENING PLANNING COMMISSION HERE.

AND JUST TIME CHECK, WE ARE AT 10 42.

SO I THINK WE WENT TO 11.

SO WE MIGHT HAVE TO EXTEND FOR A LITTLE WHILE LONGER.

BUT LET'S GO AHEAD AND SO HOW I, I THINK TRY TO BE APPROACHED TO TRY TO MOVE THROUGH THIS QUICKLY.

SO WE HAVE, UM, UH, WE'RE GONNA GO AHEAD AND ESTABLISH THE BASE MOTION AND UM, WE WILL JUST MOVE RIGHT INTO AMENDMENTS THAT WE WANT TO PULL FOR DISCUSSION FROM THE WORKING GROUP, FROM FROM THE WORKING GROUP.

SO IF WE CAN GET TO THAT REALLY QUICKLY WITHOUT GOING THROUGH EACH ONE OF THOSE, UH, IF YOU WANT US TO GO THROUGH THEM, WE CAN.

UH, BUT, UM, LET'S GO AHEAD AND DISCUSS THE BASE MOTION.

TRY I MAKE A COMMISSIONER, A MOTION TO APPROVE STAFF RECOMMENDATION.

ALRIGHT, WE OKAY WITH THAT BASE MOTION? WE GOT A SECOND BY COMMISSIONER COX.

SO NOW WE'RE GONNA GO INTO, UM, SO THE, IT'S IN YOUR BACKUP.

ARE THERE ANY, UM, AND WE CAN POST THESE OR PUT THEM UP ON THE SCREEN.

OH, THANK YOU.

AND IF WE CAN MAKE IT BIGGER, .

OH MY GOSH, THAT'S SOME SMALL PRINT AND THAT'S PROBABLY MY FAULT.

UM, OKAY.

I HEARD ALL.

SO, UM, A LOT OF THESE ARE ABOUT RED RIVER CULTURAL DISTRICT, THE WATERLOO GREENWAY, WE HAVE SOME OTHERS ABOUT PUBLIC PARTICIPATION.

BUT ANYWAY, IN LOOKING THROUGH THESE, DID WE HAVE ITEMS WE JUST KNOW WE NEED TO PULL? UH, COMMISSIONER ZA, I THINK YOU HAVE A VIEW AND A FEW, AND, UH, COMMISSIONER HANKS.

HOLD THAT THOUGHT.

UM, COMMISSIONER HANKS, DO YOU WANNA GO FIRST? SORRY, GO AHEAD.

MM-HMM.

OKAY.

UH, IN WHICH CASE I'M GONNA SAY CHAIR, I WOULD LIKE TO PUT A POLL.

ONE B FOUR.

E AND FIVE.

E FIVE.

WHICH ONE? FIVE.

E, E A, A AS IN APPLE.

A YES.

THANK YOU.

ALL RIGHT.

UH, SO ANY OTHERS? AND WE CAN ASK QUESTIONS IF WE NEED TO.

UH, I SAID ONE B FOUR A FIVE E.

ARE WE CLEAR? NO, SIR.

COMMISSIONER ZA, UH, DO YOU HAVE ANY QUESTIONS REGARDING NEEDS TO HELP INFORM FOLKS ABOUT WHAT WE'RE GONNA TRY TO KEEP ON THE CONSENT? I DO HAVE A PROCEDURAL QUESTION.

SURE.

OKAY.

I'M LOOKING AT, I'M SORRY, YOUR CALL GONNA HAVE TO BEAR WITH ME FOR A SECOND.

I'M LOOKING AT ITEM NUMBER FIVE A, WHICH RECOMMENDS AN IMMEDIATE INITIATION OF CODE AMENDMENTS FOR THE CREATION.

I'M JUST UNCOMFORTABLE FROM A PROCEDURAL PERSPECTIVE ON THIS ONE.

AND STAFF, Y'ALL CAN HELP ME, BUT WE'RE NOT POSTED FOR A CODE INITIATION.

SO I WOULD BE MORE COMFORTABLE WITH SAYING THAT WE'RE GONNA INITIATE IT SEPARATELY.

IT'S JUST THE WAY IT'S WRITTEN RIGHT NOW, IT ALMOST FEELS LIKE WE'RE, WE'RE INITIATING A CODE CHANGE, BUT THAT IS NOT THE INTENTION OF THE WORKING GROUP OR THE WAY IT'S WRITTEN.

I'M SORRY, MS. GREATHOUSE, YOU CAN HELP ME.

YOUR COMMISSIONERS? YEAH.

GOOD EVENING.

STEVIE GREATHOUSE, DIVISION MANAGER PLANNING DEPARTMENT.

UM, THIS LANGUAGE IS SUGGESTED FOR AMENDMENT INTO THE PLAN, WHICH WOULD BE SORT OF DIRECTING WORK PLANS.

TALKING TO CODE AMENDMENTS ALONE IS NOT SUFFICIENT FOR OUR INITIATION PROCESS.

SO FOR THE CODE AMENDMENTS, THAT WOULD STILL NEED TO BE INITIATED.

WE WOULD NEED TO, IN, AS PART OF THAT WORK, GO THROUGH THE INITIATION PROCESS.

SEVERAL OF THE AMENDMENTS REFERENCED IN THE WORKING GROUPS WORK HAVE ALSO ACTUALLY ALREADY BEEN INITIATED AND INCLUDING, UM, SOME OF THE CREATIVE SPACE WORK THAT'S ACTUALLY GONNA FOLLOW, UM, THE WORK THAT WAS DISCUSSED WITH ECONOMIC DEVELOPMENT EARLIER THIS EVENING.

UM, SO I DON'T, FROM STAFF'S PERSPECTIVE, I DON'T THINK WE HAVE A CONCERN WITH THE WORD INITIATION.

UM, ON THIS, ON THE CODE AMENDMENT RELATED ITEMS, WE WOULD LIKE TO PROVIDE THE FEEDBACK THAT, UM, THERE'S SOME TIMING CONCERNS ABOUT BEING ABLE TO DELIVER THEM IN ADVANCE OF THE PLAN BEING ADOPTED, THAT WE JUST WANNA LET YOU ALL KNOW ABOUT IN THE CONTEXT OF ALL OF OUR OTHER CODE AMENDMENTS.

BUT THE INITIATION LANGUAGE DOESN'T CONCERN US.

THANK YOU, CHAIR.

THANK YOU.

MS. OWS, COULD I ELABORATE A LITTLE? SURE.

CHAIR, UH, IN THIS SECTION THAT THIS IS SPECIFICALLY REFERRING TO, THERE IS A PAGE THAT, THAT, THAT'S LISTED AS RECOMMENDATIONS OVER A ONE TO THREE YEAR PERIOD, THREE TO FIVE YEAR PERIOD, FIVE TO SEVEN.

AND THIS IS JUST ADDING IN AN ADDITIONAL RECOMMENDATION TO THAT PAGE.

IT'S, IT'S NOT ACTUALLY INI INITIATING THE CODE, IT'S JUST A, A RECOMMENDATION TO DO SO.

I'M SO SORRY, MS. GREATHOUSE, I MIGHT HAVE TO ASK YOU TO COME UP HERE AGAIN.

AND IF YOU COULD HELP ME ALSO UNDERSTAND FROM THE TIMING PERSPECTIVE, I DON'T KNOW IF YOU HAVE THE LANGUAGE IN FRONT OF YOU, IF YOU COULD HELP US UNDERSTAND WHAT LANGUAGE MIGHT CAUSE SOME CONCERN

[04:00:01]

FOR STAFF IN TERMS OF IMPLEMENTATION.

CERTAINLY, UM, THERE IS LANGUAGE, I THINK IT IS UNDER FIVE A, BUT I'M NOT ACTUALLY A HUNDRED PERCENT CERTAIN.

UM, THAT REFLECTS TO BRINGING, REFLECTS BRINGING BACK THE CODE AMENDMENTS.

SO I, IN ADVANCE OF, OR CLOSE TO ADOPTION OF THE PLAN.

I APPRECIATE.

SO I THINK WHAT WE HAVE IN HERE IS THAT IT SAYS THE CODE CHANGES SHALL BE DRAFTED WITH COMMISSION AND COMMITTEE REVIEWS COMPLETED IN TIME TO ACCOMPANY COUNCIL APPROVAL OF THE PALM DISTRICT PLAN OR SHORTLY THEREAFTER.

IS THAT THE LANGUAGE? YOU'RE THAT'S THE LANGUAGE WE HAVE CONCERNS ABOUT BECAUSE THE PLAN'S GONNA BE MOVING TO COUNCIL IN SEPTEMBER, AND WE KNOW THAT THE CODE, MANY OF THE CODE AMENDMENTS WILL NOT BE BACKED BY SEPTEMBER.

THANK YOU, MS. GREATHOUSE.

I APPRECIATE THAT CHAIR.

THOSE ARE ALL THE QUESTIONS I HAVE ON THE THREE ITEMS I PULLED.

OKAY.

AND FIVE, I'M SORRY, CAN I ASK ANOTHER ONE? SORRY, MR. CHAIRMAN, I HAVE, I'VE GOT A PARLIAMENT CHAIR QUESTION.

OKAY.

I, BECAUSE I HAVE, I HAVE CONTRIBUTED GREATLY TO THE LATE NIGHT.

I AM GOING, I AM INTERESTED IN MOVING THIS PROCESS ALONG AND NOT GONNA ASK ANY QUESTIONS.

BUT I ALSO WANNA MAKE SURE, UM, I DON'T FALL INTO THE SAME TRAP THAT WHEN THIS, ONCE WE PROCESS THROUGH SOME OF THESE AMENDMENTS, ARE WE GONNA HAVE AN ADDITIONAL BITE AT THIS APPLE BECAUSE WE ARE TRYING TO RUSH THROUGH, UM, A VERY IMPORTANT ITEM.

THIS IS THE LAST MAJOR PLANNING.

THIS IS A CHUNK OF DOWNTOWN AUSTIN, AND WE ARE TRYING TO RUSH THIS THROUGH RIGHT NOW BECAUSE OF THE LATENESS OF THE HOUR, I WOULD SAY.

YEAH.

SO WE CAN SLOW THIS DOWN.

THAT'S IN OUR DISCRETION.

SO THIS IS THE OPPORTUNITY TO, UM, MY ASK WAS THAT FOLKS HAD A, MAYBE A CHANCE TO LOOK AT THIS AHEAD OF TIME AND MAYBE PINPOINT THOSE THAT THEY HAD CONCERNS ABOUT.

AND WE'RE AT THAT POINT WHERE WE CAN ASK QUESTIONS AND WE'RE STILL IN THE Q AND A.

UM, SO IF YOU HAVE ITEMS THAT YOU JUST FLAT OUT HAD A CONCERN WITH AND WANNA PULL, WE ARE AT THAT POINT, AND THEN WE'LL TALK ABOUT THEM MORE.

SO LOOKING AT THESE, WHICH ONES DO YOU HAVE, GIVE YOU HEARTBURN OR YOU HAVE, YOU HAVE MORE QUESTIONS AND THEN WE WILL PULL THEM OFF AND WE'LL HAVE MORE DISCUSSION.

BUT WE'RE JUST AT THAT TRYING TO FORM UP WHAT WE'RE COMFORTABLE WITH AND WE CAN INCLUDE IN THE BASE CHAIR.

I'M SORRY, I HAVE ONE MORE CLARIFYING QUESTION.

SURE.

I MIGHT ASK IT.

SO THIS WOULD BE ON FOR A STAFF OR COMMISSIONERS.

PLEASE HELP ME UNDERSTAND HERE, UM, WHERE IT SAYS PAR.

SO I'M LOOKING AT THE TEXT LANGUAGE SPECIFICALLY, AND WE'RE ADDING WITH A MINIMUM SQUARE FOOTAGE OF THE ROLL SIDE DEVELOPMENT AREA AND SO ON.

WOULD THIS BE CONSIDERED SORT OF A BINDING THING OR ARE WE OKAY? YEAH.

WHAT, UM, YEAH, GO AHEAD.

STEVEN GREATHOUSE PLANNING DEPARTMENT, UM, THE PLAN ITSELF IS A POLICY PLAN.

IT WILL BE ADOPTED AS AN ATTACHMENT TO IMAGINE AUSTIN.

ALL OF THIS LANGUAGE IS BEING ADDED IN AS POLICY LANGUAGE THAT PROVIDES GUIDANCE TO CITY DECISION MAKING.

IT IS NOT REGULATORY IN NATURE AND WILL NOT BE BINDING ON PROPERTY OWNERS THAT WOULD, WE WOULD HAVE TO TAKE THAT LANGUAGE AND APPLY IT TO FUTURE DEVELOPMENT OF REGULATIONS, INVESTMENTS AND PARTNERSHIPS TO IMPLEMENT THE PLAN.

I I APPRECIATE THAT MS. GRAVES.

CAN I, AND CAN I SPEAK TO THIS ITEM? SO I HAD GRAVE CONCERNS THAT WHEN YOU LOOK AT THE RED RIVER, UH, YOU KNOW, THE STRETCH, THE AREAS THAT THEY SPEAK OF THAT WOULD BE IDEAL FOR MIXED USE.

YOU KNOW, THE RED RIVER, THE CLUBS IN, IN THE RED RIVER CULTURAL DISTRICT, THEY'RE THE ONES THEY'RE TALKING ABOUT AND THEY'RE ENCOURAGING MIXED USE WITHOUT ANY CONTEXT.

AND SO IT'S TRYING TO SAY, WELL, OKAY, IF WE DO THAT, IF WE REDEVELOP THESE AREAS, THEY NEED TO SUPPORT THE RED RIVER CULTURAL DISTRICT.

THERE'S NONE OF THAT KIND OF, UM, GUARDRAILS.

IT JUST ADVOCATES MIXED USE.

SO THERE IS SOME CULTURAL ACTIVITIES, BUT IT REALLY SEEMED TO ME NEED MORE TO TRY TO MAKE SURE, YEAH, IF YOU TEAR DOWN THAT VENUE, THERE'S GONNA BE SOMETHING THERE THAT'S CONTEXT SENSITIVE AND STILL PROVIDES FOR MUSIC SPACE OR SUPPORT THE MUSIC COMMUNITY.

SO THAT WAS THE INTENT CHAIR.

I REALLY APPRECIATE THAT.

AND ONE FOLLOW UP QUESTION AGAIN, FOR THE WORKING GROUP, WHETHER YOU OR COMMISSIONER COHEN CAN TALK TO THIS, UM, HOW DOES THIS RELATE TO, UH, AMENDMENT NUMBER 27? SO THAT LOOKS AT INCENTIVIZING A SIMILAR USE.

UM, ARE THEY SORT OF UNIQUE AND DO THEY WORK INTANDEM? SO WHICH ITEM ARE YOU GOING TO? I'M, I'M SORRY, I'M LOOKING AT VERY LAST PAGE.

YES.

27.

27 20 FOR A, I ADDED THOSE ON AFTER, LIKE AS ALTERNATIVES.

MAYBE IF WE DIDN'T WANT THE VERBOSE LANGUAGE OF FORAY, BUT FORAY, WE CHANGED FORAY TO MAKE IT A LITTLE BROADER.

SO 27 AND 28 ARE, ARE

[04:05:01]

NOW WE ROLLED INTO FOR A, WITH SOME BROADER LANGUAGE.

I, I APPRECIATE THAT.

SO AT THAT POINT HERE, WHAT I'M GONNA SAY IS I'M, UH, RESCINDING MY, MY EXPRESS TO POLL FOUR A.

SO I'M ONLY PULLING AMENDMENT NUMBER ONE B AND FIVE A IN ADDITION CHAIR.

I MAKE A MOTION TO EXTEND TIME TO 1130.

OKAY.

WE HAVE A SECOND FOR EXTENDING TIME.

UH, SECOND BY COMMISSIONER MAXWELL.

ANY OPPOSITION? I CAN'T SEE ANYBODY ON THE SCREEN.

.

UM, ALL RIGHT.

ANY OPPOSITION TO THE EXTENSION OF TIME? ALL RIGHT, SEE NONE.

WE'LL KEEP GOING.

THANK YOU, CHAIR.

SO I'M FINE WITH EVERYTHING ELSE.

I'M ONLY PULLING ITEM ONE B AND FIVE A AT THIS TIME.

OKAY.

SO, UM, AGAIN, ANY OTHER ITEMS WE WANNA PULL FOR DISCUSSION? THIS IS THE TIME TO GO AHEAD AND PULL THOSE OFF.

TRYING TO MOVE QUICKLY TO THE DISCUSSION ITEMS. CAN I ASK A CLARIFYING QUESTION OF THE WORKING GROUP? SURE.

I JUST NOTICED THAT THERE WERE SEVERAL ITEMS RELATED TO THE REDLINE PARKWAY AND THE RED LINE INITIATIVE, AND I JUST WANTED TO ENSURE THAT, THAT WE HAD CAPTURED ALL OF THE REQUESTS RELATED TO THAT ADVOCACY GROUP AND THEIR WORK SPECIFICALLY.

I THINK DIRECT THAT TO, UH, CHAIR COHEN, THAT WOULD BEGIN AFFIRMATIVE.

OKAY.

ALL RIGHT.

FOLKS ON THE SCREEN, I DON'T WANNA IGNORE YOU, SO PLEASE, IF THERE'S ANYTHING YOU WANNA PULL, LET US KNOW.

MR. HAYNES, ANYTHING? NOPE.

OKAY.

AND WE CAN, YOU KNOW, SO, UH, I'VE BEEN, YOU KNOW, PROCEDURALLY WE DON'T NEED TO VOTE ON THIS YET.

SO WE'RE GONNA GO AND MOVE ON TO THE DISCUSSION, UH, ITEMS FROM THE WORKING GROUP, WHICH ARE ONE B.

SO, UM, LET'S SEE, ONE B, LET'S GO AHEAD AND SCROLL UP TO THAT ONE.

IF, IF YOU COULD PLEASE BRING THAT ONE UP.

I HAVE AN ALTERNATIVE MOTION FOR THIS.

I CAN LAY IT OUT RIGHT NOW OR, OR LAY IT OUT AFTER DISCUSSION ON THE ITEM.

UM, YEAH, SO THIS, LET ME JUST EXPLAIN.

SO THIS IS A RECOMMENDATION.

SO THIS IS IN THE RECOMMENDATION SECTION.

AS, UH, CHAIR COHEN POINTED OUT PREVIOUSLY, THERE IS A SECTION THAT TALKS ABOUT DIFFERENT TIME PERIODS.

THIS IS, UM, ASKING STAFF TO INCLUDE THESE RECOMMENDATIONS, WHICH CAME FROM THREE SOURCES, THE A I A THROUGH THEIR STUDY.

UM, IT CAME FROM THE URBAN LAND INSTITUTE, UM, STUDY THAT WAS DONE IN 2016.

AND THEN A RECENT LETTER WE RECEIVED FROM THE RED RIVER CULTURAL DISTRICT BOARD OF DIRECTORS.

SO THIS WAS KIND OF A COLLECTION OF THOSE RECOMMENDATIONS THAT, AND MANY OF THEM, THEY WERE KIND OF UNIFIED IN THEIR SUPPORT.

SO THAT'S WAS THE BASIS FOR THIS AMENDMENT OBJECT.

I, I REALLY APPRECIATE THAT.

AND I REALLY WANNA SAY THANK YOU TO THE WORKING GROUP.

WE'RE WORKING WITH, UM, FOLKS TO, YOU KNOW, LOOK AT THOSE RECOMMENDATIONS AND MAKE SURE THAT WE'RE CONTINUING THE GOOD WORK.

I GUESS MY SUGGESTION WAS I'M NOT GONNA MAKE IT AS AN AMENDMENT RIGHT NOW, WE CAN TALK ABOUT THAT.

IS WOULD THE WORKING GROUP GENERALLY BE OPEN TO ADDING THE WORDS, I'M SORRY, LET ME LOOK IN THE RIGHT DOCUMENT, EXPLORE OPPORTUNITIES TO GOAL, AND THEN CONTINUE FROM THERE.

SO I THINK THIS IS A GREAT LIST AND WE WANT OUR STAFF TO GO AND LOOK AT SOME OF THESE ITEMS, BUT JUST FROM SORT OF A LANGUAGE PERSPECTIVE, I, I WOULD APPRECIATE IF WE COULD SOFTEN THAT LANGUAGE A LITTLE BIT SO THAT WE'RE UNDERSTANDING ON HOW WE'RE GONNA HAVE OUR STAFF ENGAGE WITH THESE ITEMS. SURE.

COULD, COULD WE GET STAFF TO PULL UP THE BACKUP? UH, IT'S THE PALM DISTRICT PLAN, PART TWO P D F ON PAGE 27.

WE COULD START THERE AND LIKE MAY, MAYBE IF, IF YOU SEE WHAT WE'RE TALKING ABOUT, THE LANGUAGE IS, IS VERY SIMILAR.

UH, IF, IF NOT ALMOST COPIED FOR SOME OF WHAT'S ALREADY IN THERE.

UH, A LOT OF WHAT YOU'RE SEEING, LIKE, UH, THE FIRST ONE THAT'S ON YOUR WAY, UH, ONCE HE GETS IT PULLED UP, YOU'LL SEE IS ALMOST VERBATIM.

THE ONLY DIFFERENCE IS WE CHANGED IT FROM WALLER CREEK MASTER PLAN TO RED RIVER CULTURAL DISTRICT.

SO IT, IT'S, IT'S VERY, VERY SIMILAR LANGUAGE.

WE MOSTLY CHANGE THE NAME AND JUST TWEAKED IT TO FIT A LITTLE BETTER FOR OUR R C D.

AND BY WE, I MEAN OUR R C D, UH, REPRESENTATIVE DID, I HAD NOT IDEA.

I I'M SORRY, CAN I, UH, JUST ASK A CLARIFYING QUESTION THEN.

SO WHEN WE'RE LOOKING AT THE PROPOSED TEXT FOR, I'M GONNA MAKE SURE I'M LOOKING AT THE RIGHT THING.

I'M LOOKING AT ONE B.

YEAH.

SO WE'RE LOOKING AT ONE B AND THERE'S A, UH, 27, BUT STARTS ON 27 2.

YES.

I'M A LITTLE CONFUSED TOO.

WHERE WE'RE AT.

NO, WHERE DO ONE B.

YES.

ONE B, BUT SHE, WE NEED THE RELATIONSHIP BETWEEN PAGE 27.

UH, SO DO WE HAVE CHAIR COMMISSIONER LAYS ON ANDREW? UH, IF YOU COULD PLEASE REPEAT THE DOCUMENT.

UH, IT'S THE PALM DISTRICT PLAN, PART TWO.

P D F.

IS THIS FROM THE BACKUP? YEAH.

OKAY.

SORRY, I WASN'T TRYING TO OVERLY COMPLICATE THINGS, BUT, SO

[04:10:01]

PALM DISTRICT PLAN PART TWO P D F STARTS FROM 27 AND, AND 28 IS WHERE YOU START SEEING THE RECOMMENDATIONS THAT ARE UNDERWAY ONE TO THREE YEARS.

AND, BUT YOU CAN SEE THE LANGUAGE IS VERY SIMILAR.

YEP.

THAT'S THE CORRECT DOCUMENT.

AND JUST LIKE ON PAGE 50, RIGHT? RIGHT THERE.

RIGHT THERE.

RECOMMENDATION.

OH, SO IN THE RECOMMENDATION.

RECOMMENDATION, YEAH.

SO THIS, THIS IS ADDING INTO THE RECOMMENDATIONS.

UH, IF YOU COULD GO BACK ONE PAGE JUST SO THEY CAN, OR I GUESS A COUPLE MORE BACK.

IT'S WHERE IT SAYS RECOMMENDATIONS AND IT'S PAGE 27.

THERE YOU GO.

SO LIKE, YOU COULD SEE IT STARTS HERE.

UH, THE REASON WE'RE WE'RE COVERING SUCH A BROAD NUMBER OF PAGES IS 'CAUSE WE'RE ADDING IN THINGS LIKE WE'RE ADDING THEM AS A SPONSOR.

THAT'S PART OF IT.

AND THEN, UH, YOU KNOW, 2029, UH, 30, UH, 31, THE PAGES THEMSELVES.

THAT'S SURE.

AND SO I GUESS MY CONCERN IS THAT THE, THE, THE TOP LANGUAGE SAYS THIS SECTION INCLUDES A LIST OF CONCRETE ACTIONS THAT THE CITY AND OTHERS SHOULD TAKE TO MOVE TOWARDS DESIRED OUTCOMES IDENTIFIED IN THIS PLAN.

I, I SEE THAT AS PRETTY STRONG LANGUAGE.

SO I, I, AND I GUESS I CAN MAKE MY MOTION AND SEE HOW MY COMM, FELLOW COMMISSIONERS FEEL COMFORTABLE ABOUT THAT.

BUT I KNOW I WOULD PERSONALLY FEEL MORE COMFORTABLE IF WE COULD ADD TO ASK STAFF TO EXPLORE THOSE OPPORTUNITIES.

'CAUSE SOME OF THIS IS, WE'RE LOOKING AT, FOR EXAMPLE, EXPANDING OPPORTUNITIES FOR CULTURE SPACE AT THE MAC THAT'S ALREADY ON ONGOING PROJECT THAT'S VERY DIFFERENT FROM EXPLORING SOMEWHAT COMPLEX, BUT REALLY INTRIGUING, UH, NEW SOLUTIONS.

SO I JUST WANNA MAKE SURE THAT WE'RE, I DON'T KNOW.

I WAS TRYING TO CAPTURE THAT.

THAT'S SORT OF WHAT I WAS THINKING.

YEAH, I, SO IF YOU READ THESE RECOMMENDATIONS, THEY ARE PRETTY DIRECT.

UM, THEY'RE DIRECTING STAFF TO DO THINGS, NOT TO EXPLORE THINGS.

SO I'M, I'M, I'M COMFORTABLE WITH THE LANGUAGE.

'CAUSE TO ME IT KIND OF ALIGNS WITH THE WORDING AND I SAID THEY ARE, IT'S SHOULD, RIGHT? IT DOESN'T SAY SHALL, SHOULD IS, YOU KNOW, IT IS STRONG, BUT IT'S SAYING, STAFF PLEASE LOOK AT THESE.

UM, SO I THINK JUST IN THE HEADER YOU SAID IT SHOULD, IT'S NOT A SHALL OR A REQUIREMENT.

SO WHEN COUNSEL DOUBTS THIS, IT'LL JUST BE A RECOMMENDATION AND NOT A, YOU KNOW, NOT YOU, YOU HAVE TO I APPRECIATE THAT.

AND HOPEFUL.

UH, MRS. GREATHOUSE, PLEASE GO AHEAD.

GO AHEAD.

OH, I WAS JUST GONNA OFFER A RESPONSE ON THE PART OF STAFF.

I THINK AS WE WORK BETWEEN NOW AND COUNCIL, WE WILL REVIEW AND SCRUB ALL OF THESE RECOMMENDATIONS IN DETAIL AND CAN DEFINITELY PROVIDE TO COUNCIL IF THERE'S CONCERNS ABOUT SORT OF RESOURCES OR THE ABILITY TO DELIVER ON ANY OF THE ITEMS THAT'S BEEN ADDED.

UM, SINCE WE'VE ONLY HAD THIS DOCUMENT TO REVIEW FOR A COUPLE OF DAYS, I DON'T WANNA TRY TO DO THAT HERE, .

UM, I WOULD LIKE TO BE ABLE TO DO THAT SORT OF PRIOR TO COUNCIL, BUT I THINK THAT INCONSISTENT WITH THE KIND OF THE LANGUAGE AND, AND HOW THE LANGUAGE IS IN THE DRAFT PLAN, IT MAKES SENSE TO HAVE THE ACTIONS BE AFFIRMATIVE ACTIONS THAT WE'RE SUGGESTING.

AND THEN WE CAN PROVIDE, UM, FEEDBACK DIRECTLY TO COUNCIL.

IF THERE'S CONCERNS ABOUT IMPLEMENTING ANY OF THEM DURING THE INTEREST OF TIME, I'M GONNA, UM, MOVE ADOPTION OF THIS AMENDMENT THAT THE WORKING GROUP HAD, UM, AS IS.

OKAY.

I APPRECIATE IT.

AND, AND JUST I'LL SPEAK TO THAT.

I APPRECIATE THAT BECAUSE THERE IS A SENSE OF URGENCY.

UM, WE HEARD IT IN THE, IN, UH, WITH THE, THERE'S A LOT OF, UH, SPECULATION GOING ON, A LOT OF PURCHASING OF PROPERTIES, AND WE JUST FEEL LIKE, UM, WE WANNA MAKE IT CLEAR THAT THESE THINGS ARE IMPORTANT TO THE RED RIVER CULTURAL DISTRICT.

AND SO I GET THE SENSE OF, FROM WHAT YOU SAID, THAT'S EXACTLY THE EFFECT I WANTED TO HAVE.

SO, UH, THANK YOU.

I APPRECIATE Y'ALL HELPING ME UNDERSTAND THAT.

ALL RIGHT.

SO NOW WE'RE, UM, SO THAT WAS, THAT WAS ONE B, ONE B, BUT I'VE MADE A MOTION, I BELIEVE I HAVE NOT BEEN SECONDED.

DO WE WANNA DO THIS SEPARATELY OR? I, I DON'T THINK YOU HAD IT, IT WOULD BE BETTER.

SO I, I CAN I HAVE A SECOND ON? I ESSENTIALLY SAID APPROVE THE WORKING GROUP AMENDMENT AS IS.

OH, YES.

COMMISSIONER MAXWELL, A SECONDING CHAIR.

DO YOU WANNA CALL THE YES.

UH, ANY OPPOSITION TO THE MOTION? SEEING NONE.

THANK YOU, CHAIR.

NOW I MOVE TO ITEM FIVE A AND I WOULD ASK THAT FROM THAT AMENDMENT, THIS LANGUAGE BE STRUCK, THE CODE CHANGES SHALL BE DRAFTED WITH COMMISSION COMMITTEE REVIEWS COMPLETED IN TIME TO ACCOMPANY COUNCIL APPROVAL OF THE PALM DISTRICT PLANNER SHORTLY THEREAFTER.

UH, UH, WELL I'LL SECOND THAT.

WHERE, WHERE ARE YOU, WHERE ARE YOU? I'M SORRY.

UH, PROPOSED AMENDMENT.

SO THIS IS LOOKING AT FIVE A.

GOTCHA.

AND OH MY GOSH, I WON'T, I WON'T BE ABLE TO COUNT THE NUMBER OF SENTENCES, BUT IT'S IN THE MIDDLE.

GIVE ME A SECOND HERE.

I CAN COUNT IT.

THE CODE CHANGE CIVIL DRIVER COMMISSION COMMITTEE.

YES.

YOU'VE GOT IT.

SO IT'S, THE CODE CHANGES SHALL BE DRAFTED WITH COMMISSION AND COMMITTEE REVIEWS COMPLETED IN TIME TO ACCOMPANY COUNCIL APPROVAL OF THE PALM DISTRICT PLAN OR SHORTLY THEREAFTER.

AND, AND I THINK, TELL ME WHAT YOUR CONCERN,

[04:15:01]

MY CONCERN IS REALLY JUST, YOU KNOW, WE'VE HEARD FROM STAFF THAT THE IMPLEMENTATION OF THIS PLAN IS MOVING FORWARD QUICKLY.

SO WE'RE ASKING THIS TO BE CONSIDERED AS THE PLAN MOVES FORWARD, NOT NECESSARILY FOR SOMETHING THAT HAS TO BE DONE BEFORE THIS PLAN GOES TO COUNCIL.

SO ESSENTIALLY, I'M JUST TAKING OUT THE TIMELINE FROM THE RECOMMENDATION, AND I KNOW WE'RE JUST MAKING VOTE UP.

I'LL SECOND IT AND, AND I'LL JUST SPEAK TO THAT SECOND, JUST QUICKLY, IS THE, WE WANT TO SUPPORT STAFF IN GETTING THIS PUSHED THROUGH TO COUNCIL.

THIS WOULD, IF, IF, IF YOU READ THIS, THIS WOULD HOLD THINGS UP.

'CAUSE THERE'S SO MANY CODE AMENDMENTS STAFF IS WORKING ON CURRENTLY, WE'RE KIND OF INJECTING THOSE INTO THE MIX.

IT COULD BE TWO YEARS, UH, THAT THIS IS SAYING THIS NEEDS TO WAIT.

SO AS MUCH AS I WANT TO EMPHASIZE THE URGENCY IN, IN SOME OF THE THINGS WE FEEL NEED TO BE DONE, UH, REALISTICALLY WE NEED TO GET THE PLAN ADOPTED AND GO FROM THERE AND THEN START THE REGULATORY PROCESS.

SO I'M SUPPORTIVE OF, OKAY.

CHAIR COLLINS.

I WAS JUST GOING TO ASK IF THERE'D BE A COMMISSIONER INTERESTED IN MAKING A SUBSTITUTE MOTION TO PUT SOME KIND OF TIME LIMIT ON IT, BECAUSE, UH, WE BOTH HEARD THAT OF THE, OUT OF ALL THE PEOPLE WE INVITED, THE LARGEST TURNOUT WE HAD FOR LISTENING SESSIONS WAS FROM THE RED RIVER CULTURAL DISTRICT.

LIKE WE HAD TO CREATE A, I HAD TO CREATE A LISTING SESSION SPECIFICALLY FOR THEM BECAUSE THERE WERE SO MANY RESPONDENTS AND IT WAS AROUND 25 PEOPLE AND ALL, ALL VENUE OWNERS AND, AND THEIR ONE BIGGEST CONCERN WAS THAT IF THIS STUFF WASN'T IMPLEMENTED AT THE TIME THE, THE PLAN WAS IMPLEMENTED THAT IT WOULD GET PUT ON A BACK BURNER.

UH, DEVELOPERS WOULD COME ALONG AND THE SHEET WOULD END UP GETTING WIPED OUT.

MM-HMM.

.

SO, SO IT WAS, IT WAS A KIND OF PROTECTIVE MEASURE.

SO I, I PERSONALLY, YOU KNOW, DON'T HAVE ANY ISSUE.

NOT THAT I WOULD MATTER IF I DID, BUT IF SOMEONE WANTED TO PUT SOME KIND OF TIME LIMIT ON IT, MAYBE IF STAFF COULD GIVE US A HINT AT WHAT MIGHT BE COMFORTABLE FOR THEM.

UH, I JUST HAD A CLARIFYING QUESTION FOR STAFF, IF I MAY.

UH, YOU MENTIONED THAT THIS IS THE, THIS DOCUMENT THAT WE'RE WORKING THROUGH IS A, A POLICY DOCUMENT.

SO THE, UH, AMENDMENTS THAT ARE BEING CONSIDERED WOULD BE ADDED IN AT SOME POINT, BUT THAT DOESN'T NECESSARILY COME WITH THE DEADLINE TO THE POINT OF CHAIR COHEN, OR HOW DOES THAT WORK EXACTLY? WELL, THE POLICY DOCUMENT SPECIFIES SORT OF TIME PERIODS FOR EACH OF THE ACTION ITEMS THAT ARE IN ON THAT ACTION MATRIX, WHICH IS THE THINGS THAT ARE UNDERWAY, ZERO TO THREE YEAR SHORT TERM AND MIDTERM AND LONG TERM.

I THINK IT WOULD BE APPROPRIATE TO SAY IN THE SHORT TERM TO KIND OF MATCH THE LANGUAGE OF THE POLICY DOCUMENT.

UM, WE WILL GET, AS WE DO INITIATIONS, THE INITIATIONS WILL TYPICALLY HAVE A SPECIFIC DEADLINE ATTACHED TO THEM.

AND THEN WE'LL GO ON THE, THE GANTT CHART OF CODE AMENDMENTS.

UM, AND IN SOME CASES THIS IS SORT OF A MIX OF ITEMS THAT ARE BOTH ONES THAT ARE ALREADY UNDERWAY MM-HMM.

AND ONES THAT WOULD STILL NEED TO BE INITIATED.

SO I DON'T KNOW IF I CAN SPECIFY A SINGLE TIMELINE FOR ALL OF 'EM, BUT IT'S WORTH SAYING SHORT TERM.

ABSOLUTELY.

AND I GUESS THAT'S MY RELATED QUESTION THEN IS OBVIOUSLY SOME OF THE ITEMS ARE NOT CODE, CODE AMENDMENTS AND THOSE WOULD JUST BECOME POLICY IMMEDIATELY UPON ADOPTION OR OBVIOUSLY SHORTLY THEREAFTER.

SO REALLY THE CODE AMENDMENTS ARE THE ONES WE'RE CONCERNED ABOUT LANGUISHING, IS THAT CORRECT? I, YEAH, I WOULD SAY WHAT I'M HEARING FROM THE CONVERSATION HERE, I THINK WHAT, UH, CHAIR, UH, COHEN IS WE COULD JUST SIMPLY SAY, RECOMMEND THAT THESE CODE CHANGES BE MADE A HIGH PRIORITY, UH, FOR INITIATION AND PASSAGE AND JUST, UM, JUST ASK THAT IT BE MAYBE PRO PRIORITIZED.

SO I'D LIKE TO MAKE THAT AMENDMENT BECAUSE THE CULTURAL DISTRICT OVERLAY THERE, I THINK WAS THE, THE KEY PART THEY WERE TRYING TO, SHE MIGHT HAVE RECOMMENDED THAT MIGHT BE GLEANER IF YOU HAD THAT AS A SUBSTITUTE MOTION TO MY MOTION.

MM-HMM.

.

SO ESSENTIALLY STRIKE THE LANGUAGE THAT I WAS SAYING AND, UM, ADD IN LANGUAGE THAT YOU'RE SUGGESTING.

ALL RIGHT.

SO, UH, SUBSTITUTE MOTION, I'M LOOKING FOR A SECOND, IS TO RECOMMEND THAT, UH, THE CODE CHANGES BE MADE A HIGH PRIORITY FOR INITIATION AND IMPLEMENTATION MOTION THAT BE SUBSTITUTE.

AND I GOT A SECOND FROM, UH, CANNOT SUBSTITUTE, I'M BEING TOLD BY MR. HANDS.

SO SOMEONE ELSE.

OH, ALRIGHT.

SO DO I HAVE A SECOND, UH, VICE CHAIR HEMPEL, UH, FINALLY LOOKING AT THE SCREEN.

OKAY.

SO CAN WE JUST TAKE AN UP OR DOWN VOTE ON THIS ITEM.

ALL RIGHT.

UH, LET'S START WITH THOSE IN FAVOR ON THE DIOCESE AND THOSE ON THE SCREEN.

ALL RIGHT.

THAT'S UNANIMOUS.

THANK YOU FOR LEADING US THROUGH THAT.

AND CHAIR, IF I MIGHT AS A FAVOR, POINT OF PRIVILEGE TO ASK, UH, IF WE COULD GET THAT INITIATED THAT CULTURAL DISTRICT OVERLAY AND GET THAT SET TO CODES AND ORDINANCES AS SOON AS POSSIBLE.

THAT WOULD BE AWESOME.

I THINK WE CAN WORK ON THAT AT OUR NEXT MEETING.

CHAIR.

I'M SORRY.

CAN I ASK A QUICK QUESTION OF STAFF ON, WHICH IS STAFF? I KNOW THERE'S SOME CREATIVE, UH, THERE'S ITEMS THAT WE VOTED ON TODAY.

THERE'S OTHER ITEMS THAT ARE IN THE MIX.

CAN YOU SPEAK A LITTLE BIT TO, WOULD IT BE NECESSARY TO INITIATE THIS SEPARATELY

[04:20:01]

OR DO Y'ALL SEE THAT THIS WOULD BE CAPTURED IN THE WORK THAT'S ONGOING? YEAH, AND I'M ACTUALLY GONNA INVITE ECONOMIC DEVELOPMENT DEPARTMENT STAFF.

UM, UH, MY UNDERSTANDING IS THAT THE CREATIVE SPACES WORK, INCLUDING THE DEVELOPMENT OF THE CULTURAL DISTRICT OVERLAY, HAS ACTUALLY ALREADY BEEN INITIATED BY TWO PREVIOUS COUNCIL RESOLUTIONS.

BUT, UM, DONALD JACKSON CAN CORRECT ME OR PROVIDE NUANCE.

UH, NO, THAT'S CORRECT AS FAR AS WE UNDERSTAND IT AS WELL.

UH, COUNCIL PASSED TWO RESOLUTIONS DIRECTING, UM, CHANGES INCLUDING DEFINITIONS AND REGULATORY SUPPORT, UH, CHANGES INCLUDING CULTURE, INCLUDING ARTS AND MUSIC DISTRICTS, UH, IN TWO DIFFERENT RESOLUTIONS.

WE MERGED THEM, SPLIT THE DEFINITIONS UP TO DO THAT FIRST AND THEN FOLLOW FOLLOWING THROUGH.

WE'D BE DOING THOSE OTHER ITEMS, BUT THEY'VE ALL BEEN, THEY'VE BOTH OF THOSE RESOLUTIONS INITIATED CODE AMENDMENTS.

UH, GOOD ONE.

IF Y'ALL HELP ME UNDERSTAND, IS THERE A TIMELINE ON SORT OF THE PHASE DUE OF THIS WORK? WE'VE ALREADY STARTED WORKING ON IT IN TERMS TERMS OF, UH, REVIEWING AND DEVELOPING, GETTING THE BACKGROUND.

THAT'S JUST GONNA BE SOMETHING WE HAVE TO WORK THROUGH WITH OUR SISTER DEPARTMENTS.

I APPRECIATE THAT.

THANK YOU.

THANK YOU, CHAIR.

AND I'LL ALSO ADD THAT THAT WOULD, THAT WILL, THAT FUTURE PHASE OF WORK WILL BE AN ITEM THAT WILL BE ADDED TO THE CODE AMENDMENT SCAN CHART AND A FUTURE MONTH.

AND YOU WILL BE ABLE TO SEE IT AS A LINE ITEM ON THAT CHART.

SO WHAT I'M HEARING IS THIS REALLY ISN'T NECESSARY.

IT'S ALREADY BEEN INITIATED.

I, I BELIEVE THAT IS MY UNDERSTANDING AND MAYBE WHAT WE CAN DIRECT OUR STAFF AT THIS MOMENT IS THE VERBAL DIRECTION IS IF THERE ARE ELEMENTS OF THIS, THAT AS YOU'RE WORKING THROUGH IT, YOU FEEL LIKE THERE'S OTHER THINGS THAT NEED TO BE INITIATED TO SUPPLEMENT OR BE SYMBIOTIC TO THE WORK THAT Y'ALL ARE ALREADY DOING, UH, INFORM US OR CODES AND ORDINANCES AND WE'LL MAKE SURE WE INITIATE IT ACCORDINGLY.

THANK YOU.

OKAY.

GO.

UH, SORRY, GOING BACK TO THE LISTENING SESSION, DOESN'T THAT ULTIMATELY DEPLETE THE PURPOSE OF TRYING TO IMPLEMENT THAT TIMELINE? 'CAUSE THAT, THAT WAS THE BIG CONCERN.

IF THIS, UH, QUESTION FOR STAFF REAL QUICK.

UH, HOW LONG HAS ECONOMIC DEVELOPMENT BEEN WORKING ON, ON THAT, UH, CONJOINED RESOLUTION FROM COUNCIL? UH, SINCE THE SPRING.

SINCE THE SPRING? SO WITH THE PROPERTIES GETTING ACQUIRED AT A REALLY RAPID RATE DOWNTOWN.

I MEAN, HOW MUCH TIME DO THEY HONESTLY HAVE BEFORE? AND YOU'RE GOING JUST TO WHO? SUPERFLY, JUST TO MENTION, SO THE AMENDMENT, I BELIEVE, HAS ALREADY BEEN APPROVED WITH THAT CHANGE IN LANGUAGE.

SO I THINK THIS WAS SORT OF AN ADDITIONAL REQUEST.

AND I THINK, AND I THINK THAT'S A FAIR REQUEST AND WE SHOULD HAVE A CONVERSATION MAYBE IN FUTURE AGENDA ITEMS. BUT WHAT WE MIGHT DO IS, AS IT COMES TO CODES AND ORDINANCES, AND WE GET OUR UPDATE AS IT'S ADDED TO THE GANTT CHART, TO REALLY CHECK IN WITH STAFF ON WHAT IS THE SORT OF, DO ESSENTIALLY CONSIDER WHAT YOU'RE SAYING AND REALLY TRY TO MAKE SURE THAT IT MOVES FORWARD IN A TIMELY MANNER.

OKAY.

ALL RIGHT.

SO WHERE ARE WE, UH, OTHER INDIVIDUAL AMENDMENTS? OKAY.

UM, WE ARE AT 1110, SO WE'LL ENTERTAIN INDIVIDUAL AMENDMENTS TO THE PALM DISTRICT PLAN.

UH, FOLKS, THIS IS YOUR CHANCE, IF YOU'VE, UH, HAVE SOME ITEMS AFTER THIS DISCUSSION

[24. Imagine Austin Amendment: Palm District Plan]

THAT YOU'D LIKE TO INTRODUCE.

I'M LOOKING AROUND.

I DON'T SEE ANY.

OKAY.

SO THEN WE CAN, UM, A MOTION TO PASS THE BASE MOTION HAS ALREADY BEEN MADE.

YEAH.

OKAY.

SO WE NEED TO VOTE ON THE BASE MOTION AS AMENDED.

YES, SURE.

SO THE BASE MOTION IS ESSENTIALLY A STAFF RECOMMENDATION WITH ALL OF THE WORKING GROUP AMENDMENTS AS STATED, EXCEPT FOR FIVE A, WHERE WE HAVE MADE A LANGUAGE CHANGE, STRIKING SOME LANGUAGE AND ADDING OTHER LANGUAGE.

SO THAT IS THE MOTION IN FRONT OF US AT THIS MOMENT.

ALRIGHT.

UM, UP OR DOWN VOTE OR DOES ANYONE WANNA SPEAK TO THIS ITEM? UH, I JUST, I JUST QUICKLY WANNA HONESTLY THANK THE WORKING GROUP AND OUR STAFF AND ALL THE COMMUNITY MEMBERS WHO HAVE BEEN INVOLVED IN THIS VERY LONG PROCESS.

I KNOW THIS IS A SIGNIFICANT AND AN IMPORTANT INITIATIVE FOR OUR CITY, AND I'M JUST EXCITED TO SEE IT MOVE FORWARD.

THANK YOU, CHAIR.

I WILL ECHO AS WELL.

I KNOW WE'VE DELAYED THIS A LONG TIME, BUT IT, WE REALLY DUG INTO IT AND I THINK, UH, WE FEEL GOOD ABOUT THE WORKING GROUP AMENDMENTS AND HOPEFULLY THAT HELP INFORM SOME OF OUR CONCERNS AND THE WAYS WE THINK IT COULD BE IMPROVED.

SO I APPRECIATE IT.

YES.

AND, AND CHAIR, I'M SORRY.

AS WE TAKE THE MOTION, CAN I JUST CLARIFY AGAIN? SO WE'RE TALKING ABOUT ALL OF THE, SO THE BASE MOTION IS STAFF RECOMMENDATION WITH ALL OF THE AMENDMENTS FROM THE WORKING GROUP, INCLUDING ONE B AND AN AMENDED FIVE A.

EVERYBODY CLEAR? YEP.

OKAY.

UH, SO GO AHEAD AND TAKE, UH, A VOTE ON THE DIOCESE IN FAVOR AND THOSE ON THE SCREEN.

[04:25:03]

OKAY.

BOY, WE ARE GETTING CLOSE TO GETTING OUTTA HERE.

ALL RIGHT.

SO THANK YOU, KAREN.

I JUST THROW OUT GUYS, THANK Y'ALL SO MUCH FOR ALL THE WORK YOU DID ON THIS, AND THANK YOU FOR BEING PATIENT.

ALL WE GOT THROUGH THIS.

ALL RIGHT.

SO NOW WE'RE MOVING ON TO ITEMS. WELL, 25 IS ALREADY INCLUDED ON CONSENT, SO WE'RE GOOD THERE.

FUTURE AGENDA ITEMS?

[FUTURE AGENDA ITEMS]

WE DO HAVE, WE'VE CONFIRMED, UM, WE HAVE A MEETING ON AUGUST 29TH.

UH, IT WILL BE HERE.

AND WHAT TIME ARE WE STARTING? CHAIR? COMMISSIONER LEE AND ANDREW RIVERA.

THAT'S YOUR SPECIAL CALL MEETING? AUGUST 29TH, 6:00 PM 6:00 PM BRIEFING IS THAT ONE.

OKAY.

AND WE HAVE THREE, THE THREE ITEMS I BELIEVE WE REQUESTED.

AND I THINK, UH, WANNA, UH, ACKNOWLEDGE, UH, COMMISSIONER COX HAD THAT IDEA TO TRY TO GET MORE INFORMATION ON THESE, UH, ZONING CASES OR THESE YEAH.

CODE CHANGES THAT ARE COMING BEFORE US AND THIS, SO WE'LL LEARN MORE ABOUT 'EM, BE WELL INFORMED BEFORE WE HAVE TO TAKE ACTION.

SO APPRECIATE THAT SUGGESTION.

DO WE HAVE ANY OTHER FUTURE AGENDA ITEMS? YES.

COMMISSIONER ZA CHAIR.

NOT SOMETHING THAT I WOULD ASK FOR OUR STAFF TO BRING BACK IMMEDIATELY, BUT SOME DIRECTION ON HOW TO MANAGE THE FUTURE E ETO PROCESS AND ONGOING ZONING CASES WOULD BE HELPFUL.

I DON'T SPEAK FOR OTHER PEOPLE, BUT I'M KIND OF STUMBLING THROUGH IN THE DARK ON HOW TO SORT OF RECONCILE THE WORK THAT IS COMING IN THE FUTURE, NEAR FUTURE AND ONGOING ZONING CASES AS WE'RE LOOKING AT AUTOMOTIVE.

SO AUTOMOTIVE USES OR OTHER KINDS OF NON STORAGE.

YEAH.

STORAGE AND OTHER USES THAT MIGHT NOT FILL, FULFILL THE E D O D GOALS.

AND WE KNOW THAT THERE'S NOTHING ADOPTED AT THE MOMENT, SO JUST SOME DIRECTION TO US IN THE NEAR-ISH FUTURE WOULD BE HELPFUL.

ALL RIGHT.

ANY OTHER FUTURE ITEMS? I DON'T HAVE THAT, A SECOND ON THAT.

OH, OKAY.

I'LL SECOND THAT.

SECOND.

COMMISSIONER MAXWELL.

THANK YOU.

ALL RIGHT.

OKAY.

UM, SO LET'S GO AHEAD AND MOVE, UH, REAL QUICKLY.

CODES AND ORDINANCES, WERE ON BOARDS, COMMITTEES AND WORKING GROUP UPDATES.

CODE SERGEANTS, THE JOINT COMMITTEE.

I WANNA SPEAK TO THAT ONE.

UH, VICE CHAIR.

OH, YES.

WE MET, UH, LAST WEEK.

YEAH.

UM, AND WE'RE, WE'RE STARTING TO SEE AN UPTICK IN THE NUMBER OF CODES THAT WERE REVIEWING.

SO, UM, UH, MORE TO COME NEXT MONTH.

OKAY.

UH, CONFERENCE PLAN, JOINT COMMITTEE.

WE HAVE A SPECIAL CALLED MEETING ON AUGUST 24TH.

OKAY.

JOINT SUSTAINABILITY COMMITTEE.

UM, YES.

OKAY.

WE'LL GO AHEAD AND MOVE ON.

UH, SMALL AREA PLANNING JOINT COMMITTEE AND, UH, COMMISSIONER HOWARD.

HOWARD? YES.

DO YOU HAVE YEAH, WE, UH, MEETING'S NOT BEEN SCHEDULED YET.

OKAY.

ALL RIGHT.

AND THEN WE'VE GOT OUR OTHER ACCESSORY DWELLING UNIT AND DUPLEXES WORKING GROUP.

DID WE, DID WE, WE, DID WE, UH, KEEP THAT ONE GOING? NOPE.

SOUNDS LIKE A WATER PIPE.

UH, SHE'S ASKING.

SKIPPED OVER.

IS IT ? IT'S AT THE TOP.

IT'S AT THE TOP OF THE PAGE.

, UM, OFF, I'M SORRY.

IT'S CUT OFF ON MINE, PLEASE.

.

IT'S FINE.

JUST WAS GONNA SAY, WE HAD AN UPDATE FROM THE SOUTH CENTRAL WATERFRONT ADVISORY BOARD LAST WEEK AS WELL, AND THE PLAN IS IN PROCESS.

UM, MOST OF THE DETAILS HAVE BEEN, UH, WORKED OUT AND ARE, THEY'RE FINALIZING IT.

SO I'M, I'M FEELING POSITIVE THAT IT'LL BE BEFORE US IN THE NEXT FEW MONTHS.

OKAY.

THANK YOU.

SORRY ABOUT THAT.

UM, CHAIR ON THE A D U WORKING GROUP.

WE'RE ON PAUSE LOOKING AT THE WORK THAT STAFF IS DOING AND BRINGING FORWARD TO RECONCILE THAT WITH THE WORK THAT WE'RE CONSIDERING.

THANK YOU.

ALRIGHT.

THAT'S IN STRATEGIC MOBILITY PLAN WORKING GROUP.

I THINK YOU GUYS ARE DONE.

SO WE'RE THAT WE CAN, YES.

YOU DON'T NEED THAT WORK GROUP ANY LONGER.

UH, DESIGN GUIDELINE, UPDATE, WORKING GROUP, ANYTHING FROM BUDGET SHARE, SUBMITTED ALL OUR AMENDMENTS AND THEY'RE GONNA BE VOTING ON 'EM AND COMPILING AND THAT'S IT.

BUT THE WORKING GROUP IS ALMOST DONE.

OKAY.

UH, FY 2324.

BUDGET WORKING GROUP.

UH, WE ARE ACTUALLY GOING TO HAVE RECOMMENDATIONS THAT THE NEXT PLANNING COMMISSION.

OH, GREAT.

OKAY.

PALM DISTRICT.

UM, WE'RE DONE.

UH, THAT WORKING GROUP IS DISSOLVED.

OKAY.

UM, IF THERE'S NOT ANY OBJECTIONS, I'M LOOKING AROUND THE ROOM.

UH, WE'LL GO AND ADJOURN THIS MEETING AT THE PLANNING COMMISSION AT 1115.

THANK YOU.