* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:07] A LITTLE LATE, JUST TRYING TO GET ORGANIZED HERE. UH, BUT I'M GONNA GO AHEAD AND BRING [Determination of Quorum / Meeting Called to Order] THIS, UH, MEETING OF THE OCTOBER 10TH, 2023 PLANNING COMMISSION TO ORDER. UM, LET'S GO AHEAD AND DO A ROLL CALL, AND I'LL START AS I USUALLY DO WITH THE FOLKS ON MY LEFT AND WORK TO THE RIGHT, AND THEN WE'LL GO TO THE VIRTUAL SCREEN. UM, LOOKS LIKE WE HAVE A PRETTY GOOD TURNOUT THIS EVENING. UH, LET'S GO AND START HERE WITH YES, COMMISSIONER MAXWELL HERE. COMMISSIONER WOODS HERE. COMMISSIONER CONLEY HERE. UH, I'M YOUR CHAIR. CHAIR SHAW. AND THEN ON MY RIGHT, WE HAVE COMMISSIONER AZAR HERE, COMMISSIONER ANDERSON HERE, AND, UH, COMMISSIONER HAYNES HERE. AND THEN I THOUGHT I SAW EX OFFICIO MEMBER, UM, UH, THE BOARD, UH, CHAIR, BOARD OF ADJUSTMENTS CHAIR, UH, CHAIR COHEN. UH, SHOULD PROBABLY BE BACK A LITTLE BIT. AND ON THE SCREEN, UH, WE HAVE COMMISSIONER, UH, UH, RO RAMIREZ HERE, VICE CHAIR HEMPEL HERE, COMMISSIONER HOWARD HERE. AND I THINK THAT'S ALL WE GOT RIGHT NOW. I THINK I SAW COMMISSIONER MOALA AS WELL. I THINK IT WAS HUNTER, THE EXHIBITION. OH, YES. UH, WELL, WE'LL LET THEM AS SOON AS THEY, I'LL RECOGNIZE THEM. UH, YES, POSSIBLY. OKAY. UH, LET'S GO AHEAD AND JUST REAL QUICK, UH, HYBRID MEETING. SO FOLKS IN THE AUDIENCE, WE HAVE A COUPLE OF DISCUSSION CASES THIS EVENING. THIS IS A HYBRID MEETING. WE HAVE THOSE SPEAKING IN PERSON AS WELL AS THOSE, UH, SPEAKING, UH, WILL, UH, CALL IN. UH, SO WE WILL, DURING THE CONSENT AGENDA, WE'LL KIND OF CONFIRM THE ORDER OF THE DISCUSSION CASES. AND YOU CAN, IF YOU'RE RESISTANT, THE FIRST ITEM, YOU CAN STAY HERE AWAIT IN THE ATRIUM. YOU'LL GET AN EMAIL IF YOU'RE SIGNED UP TO SPEAK ABOUT 15 MINUTES OUT FROM YOUR ITEM. UH, AND THEN YOU CAN RETURN AND, UH, BE PREPARED TO SPEAK AT THAT TIME. AND LET'S SEE, UM, REAL QUICK FOR THOSE PARTICIPATING VIRTUALLY, IF YOU CAN HAVE YOUR GREEN, RED, AND YELLOW CARDS JUST TO MAKE IT EASIER ON ME TO TRACK VOTES. AND, UM, ALSO REMAIN MUTED, UH, UNTIL, UH, YOU'RE READY TO SPEAK, UH, AND RAISE YOUR HAND IF YOU DON'T GET MY ATTENTION. OF COURSE, COMMISSIONER ZA IS VERY GOOD ABOUT, UH, SEEING YOU FOLKS, WHEN YOU RAISE YOUR HAND, UH, GO AHEAD AND, UH, GET OUR ATTENTION BY SPEAKING IF, IF WE DON'T RECOGNIZE YOU. SO, UM, REAL QUICK, OUR, DO WE HAVE ANY, UH, WELL, LET'S GO AND START OUT WITH THE FIRST READING, AND I THINK YOU VERY MUCH VICE CHAIR FOR READING THIS VERY LONG AGENDA THIS EVENING. BUT, UH, THE VICE CHAIR WILL GO AHEAD AND READ THIS THROUGH. UH, WE'LL HAVE A COUPLE OF SPEAKERS, SEE IF THERE'S ANY OTHER QUESTIONS ON ITEMS, AND THEN WE'LL MOVE TO APPROVE THE CONSENT AGENDA. BUT WE'LL START WITH THE READING WITH THE, UH, BY THE VICE CHAIR. THANK YOU CHAIR. ALL RIGHT, NUMBER TWO IS A PLAN AMENDMENT N P A DASH 2023 DASH 0 2 0 2, 1 0 6, AND ONE 18 REDBIRD LANE. THAT'S UP FOR NEIGHBORHOOD POSTPONEMENT TO NOVEMBER 14TH. NUMBER THREE, REZONING C 14 DASH 2023 DASH 0 0 3 4 54 0 2 SOUTH CONGRESS AVENUE UP FOR NEIGHBORHOOD POSTPONEMENT TO NOVEMBER 14TH. NUMBER FOUR, PLAN AMENDMENT N P A DASH 2022 DASH 0 0 2 9 0 3 ANDERSON LANE MIXED. USE APPLICANT POSTPONEMENT TO NOVEMBER 28TH. NUMBER FIVE, PLAN AMENDMENT N P A DASH 20 18 0 2 1 0 2. SKYLINE OLD TOF MIXED USE. THAT'S UP FOR APPLICANT INDEFINITE POSTPONEMENT. NUMBER SIX, PLAN AMENDMENT N P A DASH 2023 DASH 0 0 3 0 0 1 SH MISSION SOUTH. THAT IS ON FOR CONSENT WITH A SPEAKER. NUMBER SEVEN, REZONING C 14 DASH 2023 DASH 0 0 7 SH. MISSION SOUTH IS ALSO UP FOR CONSENT ALONG WITH A SPEAKER DURING CONSENT. NUMBER EIGHT, PLAN AMENDMENT N P A DASH 2023 DASH 0 2 9 0 1 6 1 2 1 NORTH INTERSTATE HIGHWAY 35 OFFERED FOR CONSENT. NUMBER NINE, REZONING C 14 DASH 20 20 20 23 DASH 0 6 360 1 21 NORTH INTERSTATE HIGHWAY 35 OFFERED FOR CONSENT. NUMBER 10, PLAN AMENDMENT N P A DASH 2022 DASH 0 1 7 0.01 [00:05:01] CRESTVIEW VILLAGE OFFERED FOR STAFF POSTPONEMENT TO OCTOBER 24TH. NUMBER 11, REZONING C 14 DASH 2022 DASH 0 3 5 CRESTVIEW VILLAGE OFFERED FOR STAFF POSTPONEMENT TO OCTOBER 24TH. NUMBER 12, PLAN AMENDMENT AND N P A 2023 DASH 0 0 1 8 0 3 55 14 GROVER AND 55 15 ROOSEVELT AVENUE OFFERED FOR STAFF POSTPONEMENT TO OCTOBER 24TH. NUMBER 13, THE COMPANION REZONING C 14 DASH 2023 DASH 0 0 6 5 55 0 6 AND 55 14 GROVER AVENUE AND 55 15 ROOSEVELT AVENUE MULTIFAMILY OFFERED FOR STAFF POSTPONEMENT TO OCTOBER 24TH. NUMBER 14, PLAN AMENDMENT N P A DASH 2023 DASH 0 0 3 0 0 2 7 14 TURTLE CREEK MULTIFAMILY IS OFFERED FOR CONSENT. NUMBER 15, REZONING C 14 DASH 2023 DASH 0 0 4 2 7 14. TURTLE CREEK MULTIFAMILY OFFERED FOR CONSENT WITH A SPEAKER DURING CONSENT. NUMBER SEVEN, NUMBER 16, PLAN AMENDMENT N P A DASH 2023 DASH 0 0 2 3 0 1 SHERIDAN OFFERED FOR APPLICANT POSTPONEMENT TO NOVEMBER 28. NUMBER 17, REZONING C 14 DASH 2023 DASH 0 0 3 5 SHERATON OFFERED FOR APPLICANT POSTPONEMENT TO NOVEMBER 28TH. NUMBER 18, PLAN AMENDMENT N P A DASH 2023 DASH 0 0 1 3 0 2 700 DAWSON OFFER FOR APPLICANT POSTPONEMENT TO OCTOBER 24TH. NUMBER 19, REZONING C 14 DASH 2023 DASH 0 0 6 4 700 DAWSON OFFERED FOR APPLICANT POSTPONEMENT TO OCTOBER 24TH. NUMBER 20, REZONING C 14 DASH 2023 DASH 0 0 9 8 29 0 1 DELTO ROAD OFFERED FOR CONSENT. NUMBER 21 REZONING C 14 DASH 2022 DASH 0 1 6 3 1 0 0 0 1 NORTH CAPITAL OF TEXAS HIGHWAY OFFERED FOR STAFF POSTPONEMENT TO NOVEMBER 28TH. NUMBER 22 REZONING C EIGHT 14 DASH 2023 DASH 0 5 7 200 EAST RIVERSIDE P STAFF INDEFINITE POSTPONEMENT NUMBER 23 REZONING C 14 DASH SEVEN ZERO DASH 0 7 7 R C A 2 7 0 6 GONZALEZ STREET AND 27 30 EAST SEVENTH STREET. RESTRICTIVE COVENANT OFFER FOR CONSENT NUMBER 24 C 14 DASH 2023 DASH 0 8 1 4 0 6 AND 4 28 EAST ALPINE ROAD OFFERED FOR CONSENT. NUMBER 25 REZONING C 14 DASH 2023 DASH 0 0 3 8 SH 41 0 6 AND 41 20 41, 22, 41, 22 AND A HALF EAST 12TH STREET IS FULL FOR DISCUSSION NUMBER 26. HISTORIC ZONING C 14 H DASH 2023 DASH 0 0 8 5 BURS CHARLES FROMM HOUSE OFFERED FOR CONSENT. NUMBER 27 SITE PLAN, ENVIRONMENTAL VARIANCE SP DASH 2021 DASH 0 0 9 1 C T WHARF SITE PLAN IS PULLED FOR DISCUSSION NUMBER 28 CONDITIONAL USE SITE PLAN S PC DASH 2022 DASH 0 1 6 2 C DOHERTY ARTS CENTER REPLACEMENT IS OFFERED FOR STAFF POSTPONEMENT TO OCTOBER 24TH. NUMBER 29 PRELIMINARY PLAN C EIGHT DASH 2022 DASH 1 16 9. EVELYN TRACKED PRELIMINARY PLAN IS RECOMMENDED WITH CONDITIONS PER EXHIBIT C. NUMBER 30 PRELIMINARY PLAN C HJ DASH 2019 DASH 0 1 0 9 WHISPER VALLEY PHASE SIX, PRELIMINARY PLAN IS RECOMMENDED, UH, FOR CONSENT. NUMBER 31 IMAGINE AUSTIN. THIS IS THE IMAGINE AUSTIN YEAR 10 REPORT. UM, THIS IS OFFERED FOR CONSENT WITH, UH, TELEWORK WORKING GROUP AMENDMENT PER EXHIBIT A NUMBER 32 L D C AMENDMENT C 20 DASH 2023 DASH 0 1 0 TO ELIMINATE MINIMUM PARKING REQUIREMENTS. THIS IS PULLED FOR DISCUSSION. UM, AND AS A REMINDER TO OUR COMMISSIONERS, UM, TO MAYBE CONSIDER THE CODES AND ORDINANCES [00:10:01] JOINT COMMITTEE AMENDMENT AFTER FORMING OUR BASE MOTION NUMBER 33, THE L D C AMENDMENT C 20 DASH 2023 DASH 29 TO ELIMINATE COMMUNITY AREA WIDE AND REGULATING PLAN FILING DEADLINES OFFERED FOR STAFF POSTPONEMENT TO NOVEMBER 28TH. AND THEN ON THE ADDENDUM TO OUR AGENDA, WE HAVE NUMBER 37 REZONING C 14 DASH 2023 DASH 0 4 4, 300 TO FOUR 40 INDUSTRIAL BOULEVARD, OFFER FOR STAFF POSTPONEMENT TO NOVEMBER 14TH, NOVEMBER 38 C 14 DASH 2023 DASH 0 0 4 6 600 INDUSTRIAL BOULEVARD OFFERED FOR STAFF POSTPONEMENT TO NOVEMBER 14TH. AND FINALLY, NUMBER 39, REZONING C 14 DASH 2023 DASH 0 5 6 WEST US HIGHWAY TWO 90 IS OFFERED FOR STAFF POSTPONEMENT TO NOVEMBER 14TH. THAT CONCLUDES THE CONSENT AGENDA. THANK YOU SO MUCH. I WAS REAL EXCITED. WE ALMOST GOT TO 40, I THINK . I DON'T THINK I'VE EVER, WE'VE EVER DONE THAT, BUT THERE WILL BE A DAY. UH, OKAY. SO REAL QUICK, UH, ANY RECUSALS OR ABSTENTIONS FROM ANY OF THE ITEMS THIS EVENING? UH, COMMISSIONERS, UM, I HAVE, UH, ONLY ONE, UH, ABSTENTION FROM ITEM 25. UM, I WILL BE ABSTAINING BECAUSE THE NONPROFIT I WORK FOR HAS, UM, PARTICIPATED IN HELPING TO FACILITATE SOME OF THE CONVERSATIONS THAT HAVE BEEN TAKING PLACE AROUND MAKING SURE THAT THE BETHANY CEMETERY IS TAKEN CARE OF. SO TO JUST AVOID ANY APPEARANCE OF IMPROPRIETY, I WILL BE ABSTAINING FROM THE VOTE, BUT I WON'T RECUSE MYSELF FROM THE Q AND A OR THE DISCUSSION. OKAY. ALL RIGHT. UH, ANYONE ELSE? ALL RIGHT. SEEING NONE, UM, REAL QUICK, WE, WE WILL GO AHEAD AND MOVE INTO OUR SPEAKERS, UH, AND I THINK THE FIRST TWO ITEMS, UH, SIX AND SEVEN CHAIR COMMISSIONER LEE ON ANDREW RIVERA. SO YES. UM, WE'LL BEGIN WITH ITEM SIX AND SEVEN AND WE'LL FIRST HEAR FROM MR. BEN THOMPSON, FOLLOWED BY FORMER MAYOR PRO JACKIE GOODMAN. POSSIBLE TO SWITCH 1 13 14. ALRIGHT. OKAY. GOOD EVENING, UH, COMMISSIONERS CHAIR. UH, MY NAME IS BEN THOMPSON. I'M THE PRESIDENT OF THE ARMADILLO PARK NEIGHBORHOOD ASSOCIATION, WHICH IS, UH, THE, THE AREA WHERE THIS PROJECT'S LOCATED. UM, FIRST OF ALL, I JUST WANNA APOLOGIZE. I, UH, I WAS REALLY HOPING TO COME BEFORE THIS BOARD TONIGHT. UM, WITH MY FULL SUPPORT OF THIS PROJECT, UM, YOU KNOW, MYSELF, NONE OF MY NEIGHBORS ARE APPROACHING, YOU KNOW, THE NEW DEVELOPMENT THAT'S, THAT'S HAPPENING IN OUR AREA, UM, WITH ANY KIND OF, YOU KNOW, IDEA THAT IT SHOULDN'T HAPPEN OR UNWELCOMING UNWELCOMING THIS TO OUR, UH, TO OUR NEW NEIGHBORS. UM, AND I REALLY COMING INTO THIS PROCESS AS I WAS TALKING TO MY NEIGHBORS, I, I FULLY EXPECTED THAT WE WOULD HAVE, UM, PRODUCTIVE CONVERSATIONS WITH, UM, THE APPLICANT WITH CITY STAFF, UM, AND AMONGST OUR COMMUNITY ABOUT WHAT WE REALLY NEEDED FROM THIS PROJECT. IN TERMS OF THIS ZONING REQUEST. UM, WE CAME INTO IT WITH THREE MAIN CONCERNS. NUMBER ONE IS FLOODING, UM, OF THE CREEK THAT'S ADJACENT TO THE SITE. NUMBER TWO IS TRAFFIC, AND THE THIRD WAS THE HEIGHT. AND THE FACT THAT THIS, UH, THIS PROJECT IS ADJACENT TO, UH, I MEANT TO COUNT THEM AND GIVE YOU THE EXACT NUMBER, BUT, UH, IT'S BOARDED ON TWO SIDES BY SINGLE FAMILY RESIDENTS. UM, ALL OF THOSE PEOPLE ARE, UH, WORKING CLASS FAMILIES, RETIREES. UM, THEY'RE NOT THE TYPE OF FOLKS WHO CAN HIRE AN ATTORNEY, HIRE, UH, ENGINEERS, PROFESSIONALS. UH, THEY LOOK DOWN THE STREET TO ME AND I SAID, SURE, I'LL DO IT. UM, ON THE FLOODING ISSUE, THERE'S A CREEK, IT'S A, IT'S A TRIBUTARY ULTIMATE, ULTIMATELY TO WILLIAMSON CREEK INTO, UH, ONION CREEK, WHICH WE'RE ALL AWARE, WELL AWARE IS FLOOD PRONE. UM, THIS PARTICULAR STRETCH OF THE CREEK IS PARTICULARLY FLOOD PRONE. CAN I CONTINUE WITH THE CHAIR'S PERMISSION? YEAH, GO AHEAD. YOU THERE? THANK YOU. I'LL WRAP IT UP. UH, WE'VE HAD SOME PROGRESS ON THE FLOOD ISSUE, UM, BUT NOTHING CONCRETE. AND, UH, THE HEIGHT ISSUE IS A PROBLEM. WE'VE GOT A PRIVACY ISSUE WITH PEOPLE'S BACKYARDS. THERE'S A LOT OF THINGS THAT COULD BE DONE IN THE DEVELOPMENT PROCESS TO ENSURE THAT THIS PROJECT CAN MOVE FORWARD, BUT ALSO ENSURE THE RESIDENT'S PRIVACY. UH, BUT WE'VE MADE NO [00:15:01] PROGRESS ON THAT. UM, THE THIRD ISSUE IS TRAFFIC. THE TRAFFIC STUDY SHOWS THE INCREASE OF TRAFFIC ON EVERHART LANE, UH, BY 42%, WHICH IS JUST UNDER THE, UH, THE THRESHOLD FOR A UNDESIRABLE CON CONDITION OR WHATEVER IT IS THEY CALL IT. UM, YOU KNOW, MY QUESTION ON THAT IS WE'RE TALKING ABOUT REPLACING 27, UH, LOW INCOME, UH, UNITS WITH 150 TO 180 UNITS. UH, THAT'S WONDERFUL. WE NEED, UH, WE NEED THE HOUSING. WE ALL AGREE WITH THAT. UM, BUT IT HAS TO COME ALONG WITH REAL PLANS, REAL ACTION FROM BOTH THE CITY AND THE APPLICANT IN THIS PROCESS BEFORE MYSELF OR ANY OF MY NEIGHBORS ARE GOING TO SUPPORT THIS PROJECT. THANK YOU. THANK YOU. NOW WE'LL HEAR FROM I'M JACKIE GOODMAN. HI JACKIE GOODMAN. UM, MY COMMENTS ARE INDIRECTLY ABOUT THIS PROJECT AND THE OTHER FOUR THAT HAVE COME UP IN OUR LITTLE QUARTER MILE THERE. I WANT TO ENCOURAGE THE PLANNING COMMISSION TO ACTUALLY DO SOME PLANNING. UM, IT'S BEEN A LONG TIME SINCE PLANNING COMMISSIONER COUNCIL ACTUALLY WORKED ON MASTER PLANNING AND THE BASIS FOR WHAT I THINK OUGHT TO HAPPEN, WHICH IS NEW URBANISM. IT'S TAKEN A BAD HIT, UM, NOT MERITED. IT'S A LITTLE COMPLICATED, MULTIFACETED, MULTI-LAYERED. IT IS NOT ROCKET SCIENCE. AND WHAT WE NEED IN OUR DISTRICT AS WE ARE AFFORDABILITY IN AND OF OURSELVES, WE NEED SOME SUSTAINABILITY PLANNING. WE NEED SOME INCENTIVES FOR THOSE SUSTAINABILITY FACTORS. AND I THANK YOU FOR A COUPLE OF YOU FOR ACTUALLY MOTIVATING THE WHOLE, EXCUSE ME. UM, AFFORDABLE HOUSING RUSH WAS A GOOD IDEA. AND ACCORDING TO THE DATA I READ, YOU'VE PRETTY MUCH CONQUERED THAT MOUNTAIN. AND NOW CAN WE PLEASE GET BACK TO MAKING THE PLACES WITH DENSITY A SUSTAINABLE PLACE IN THE CITY WITH A SENSE OF PLACE, A SENSE OF COMMUNITY AND NEW URBANISM IS ACTUALLY PRETTY ORGANIC, BUT THOSE ELEMENTS HAVE TO BE ADDED AND THAT ZONING NOWADAYS, WE CAN'T REALLY CONTRIBUTE. SO I'M HOPING THAT YOU WILL TAKE THAT BULL BY THE HORNS AND MOVE WITH IT. THANK YOU. THANK YOU. AND WE WILL NOW MOVE TO ITEM 15 TO HEAR FROM MR. BENTON THOMPSON. THANK YOU. I'LL, I PROMISE I'LL BE SHORTER ON THIS ONE. UM, WE'VE MET, UH, A COUPLE TIMES WITH DAVID HARTMAN, THE, THE APPLICANT ON THIS, UM, CITY STAFF. WE REALLY APPRECIATE THE TIME THEY TOOK TO EXPLAIN, UH, NOT JUST THE ZONING REQUESTS THAT THEY'RE ASKING FOR, UM, BUT THE PROJECT, THE, THE, THE PROPERTY OWNER'S PROJECT, THIS IS A, AN APARTMENT COMPLEX ALSO, I BELIEVE TO BE FAIRLY, UM, AFFORDABLE FOR PEOPLE IN OUR AREA. UM, IT'S TWO STORIES TALL. UM, I HAVE, UH, BASICALLY HOW IT'S BEEN EXPLAINED TO ME IS THE ZONING REQUEST IS NOT TO DEMOLISH THE BUILDING AND MAKE IT TALLER, BUT THEY WANT TO RECONFIGURE SOME OF THE UNITS, UM, BASICALLY MAKING MORE LIVING, NOT REALLY INCREASING THE SQUARE FOOTAGE OF THE, THE FLOOR SPACE, BUT, UM, CREATING MORE, UH, INDIVIDUAL UNITS OUT OF A SMALLER NUMBER OF EXISTING UNITS. UM, FOR WHATEVER REASON THAT THEY'RE DETERMINED THAT THAT REQUIRES A ZONING CHANGE COMPARED TO THE EXISTING ZONING. UM, I WOULD APPRECIATE AT SOME POINT, YOU KNOW, MAYBE A MORE THOROUGH DISCUSSION OF WHY THAT'S REALLY NECESSARY. WHY DO THEY NEED, UH, YOU KNOW, G R V M U, UM, TO DO SUCH A SIMPLE PROJECT? BUT I UNDERSTAND THAT SOMETIMES, UH, YOU KNOW, THE LAW MAKES US DO SILLY THINGS, AND SO I'M NOT HERE TO DEBATE THAT. UM, ANYWAY, THE NEIGHBORHOOD THERE, THERE DEFINITELY ARE SOME PEOPLE IN THE NEIGHBORHOOD THAT ARE POTENTIALLY CONCERNED ABOUT WHAT MIGHT HAPPEN TO THIS PROPERTY. BUT IN TERMS OF THE, THE QUESTION FOR TODAY, UM, I DON'T SEE ANY MAJOR OPPOSITION, UM, FROM MY NEIGHBORS, AND I JUST WANTED TO MAKE SURE THAT Y'ALL, UH, HEARD THAT TOO. THANK YOU. THANK YOU CHAIR. THAT CONCLUDES THE SPEAKERS ON THE CONSENT AGENDA. ALRIGHT. UM, JUST WANNA, UH, COMMISSIONERS, DO YOU HAVE ANY QUESTIONS ABOUT WHAT WE, UH, HEARD FOLLOW UP? UM, [00:20:01] OF COURSE THERE'S TOO MUCH Q AND A WE'D GO AHEAD AND PULL IT, BUT JUST WANNA MAKE SURE THERE'S NO CLARIFICATIONS ON THOSE ITEMS. ANY OTHER ITEMS YOU HAVE QUESTIONS ON OR ANY CLARIFICATION FROM STAFF BEFORE WE APPROVE OUR CONSENT AGENDA? COMMISSIONER AL? NO, I WAS JUST MAKING SURE THAT LOOKS LIKE ITEM SIX SEVEN IS FOR DISCUSSION, NOT FOR CONSENT. I'M JUST CONFIRMING THAT, OH, IT'S FOR CONSENT. IT'S ON CONSENT. WE ALLOWED THE SPEAKERS, UH, TO SPEAK, UH, TO VOICE THEIR CONCERNS. AND YES, IT WOULD BE UP TO THE P PLANNING COMMISSIONERS THAT THEY WANTED TO PULL IT FOR MORE, UH, HEAR MORE AND, YOU KNOW, AND, AND, UH, DEBATE ACTION. OKAY. ARE YOU OKAY? YES. IT, SORRY, I'M JUST TRYING TO CLARIFY. IT LOOKS LIKE FROM MR. RIVERA'S LATEST, UNLESS I, I, AND I'M SORRY I MISSED THE READING OF THE, UM, OF THE AGENDA AS I WAS HAVING TECHNICAL DIFFICULTY, BUT IT LOOKS LIKE IT'S ON DISCUSSION. DID THAT GET MOVED FROM DISCUSSION TO CONSENT? YES. WHEN WE, WE'VE, UH, SOMETHING'S HAPPENED HERE. WHY, UH, WE, WE ASKED THE SPEAKERS IF THEY'D LIKE TO SPEAK DURING CONSENT. WHAT IT DOES ALLOWS YOU TO HEAR THEIR CONCERNS. AND IT IS, UH, INDIVIDUAL COMMISSIONERS SHOULD THEY WANT TO PULL IT, THEY CAN. SO THIS IS THE TIME. IF YOU WANT TO, UH, HEAR MORE, YOU CAN, UH, OTHERWISE IT'LL STAY ON CONSENT. I, I THINK I DO HAVE SOME MORE QUESTIONS FOR ITEM SIX, SEVEN. ALL RIGHT, SIR, YOU ASKING? YOU WANNA PULL THAT ONE? YES, PLEASE. OKAY. ALL RIGHT. SO WE'RE GONNA MOVE THAT ONTO DISCUSSION. UM, ALL RIGHT. ANY OTHER QUESTIONS, FOLKS? ANY OTHER ITEMS? AND, UM, LET'S SEE. WE'LL GO AHEAD AND, UH, WHAT I FAILED TO DO, AND I REMEMBERED I NEEDED APPROVAL OF MINUTES, [APPROVAL OF MINUTES] WE, UH, DID WE HAVE ANY QUESTIONS, UH, ABOUT THE AUGUST 29TH, 2023 MINUTES? 'CAUSE WE WILL GO AHEAD AND INCLUDE THOSE IN THE CONSENT AGENDA IF EVERYBODY'S OKAY WITH THAT IN APPROVAL OF THE CONSENT AGENDA. AND THEN I BELIEVE SEPTEMBER 26TH, 2023, WE'RE GONNA POSTPONE. OKAY. ALL RIGHT. AND WANNA RECOGNIZE WE HAVE, UH, CANDACE HUNTER HERE, A S THE BOARD OF TRUSTEES, OUR EX-OFFICIO. WELCOME. AND WITH THAT, DO I HAVE A MOTION TO CLOSE PUBLIC HEARING AND APPROVE THE CONSENT [Consent Agenda] AGENDA? COMMISSIONER CZAR SECONDED BY, UH, COMMISSIONER MAXWELL AND GOING, UH, ARE THERE ANY, ANY OPPOSITION TO APPROVAL OF THIS APPROVAL OF THE CONSENT AGENDA? ALL RIGHT, SEEING NONE THAT PASSES UNANIMOUSLY AND, UH, LEMME DO A QUICK COUNT. I THINK, UH, WE HAVE 12 HERE THIS EVENING. 4, 5, 6, 7 11. YES, WE HAVE 11, RIGHT? WE'RE MISSING TWO. YES. OKAY. ALRIGHT. OKAY. UH, OUR FIRST DISCUSSION [Items 6 & 7 ] ITEM THIS EVENING, UH, WILL BE, IT'LL BE SIX AND SEVEN. IS THAT CORRECT, MR. RIVERA? OKAY. SO LET'S GO AHEAD AND GET A PRESENTATION FROM STAFF AND THEN, UH, OKAY, LET'S START THERE AND I'LL HAVE A QUESTION LATER. REEN MEREDITH, UH, PLANNING DEPARTMENT. ITEM NUMBER SIX IS N P A 20 23 0 0 3 0 0.01 SH MISSION SOUTH PROPERTY IS LOCATED 7 1 1 EBERHART LANE. THE REQUEST IS TO CHANGE THE CHARACTER DISTRICT MAP FROM NEIGHBORHOOD NODE TO NEIGHBORHOOD EXCUSE ACTIVITY HUB CORRIDOR CHARACTER DISTRICT. IT IS RECOMMENDED BY STAFF AND THERE IS NO NEIGHBORHOOD PLAN, CONTACT TEAM AND THE GARRISON PARK AREA OF THE NEIGHBORHOOD PLAN. GOOD EVENING. NANCY ESTRADA WITH THE PLANNING DEPARTMENT. THIS IS ITEM NUMBER SEVEN ON YOUR AGENDA. CASE NUMBER C 14 20 23 7 POINT SH MISSION SOUTH. THE PROPERTY IS LOCATED AT SEVEN 11 EVERHART LANE. IT IS CURRENTLY ZONED L R N P AND THE APPLICANT IS REQUESTING GR R M U V N P. THE PROPOSED REZONING AREA IS 1.65 ACRES AND IS CURRENTLY DEVELOPED WITH 27 MULTIFAMILY UNITS. IT'S LOCATED APPROXIMATELY 150, UH, FEET WEST OF THE INTERSECTION OF SOUTH FIRST STREET AND EVERHART LANE. AND ITS MAIN ACCESS IS FROM EVERHART LANE. UM, THIS PROPERTY IS CERTIFIED BY SMART HOUSING AND THE APPLICANT PROPOSES TO BUILD 180 UNIT MULTI-FAMILY RENTAL DEVELOPMENT [00:25:01] WITH THE AFFORDABILITY, AFFORDABILITY LEVEL THAT IS LISTED IN YOUR STAFF REPORT. PUBLIC TRANSIT IS LOCATED WITHIN A QUARTER MILE OF THE PROPERTY AND THERE ARE TWO CAPITAL METRO BUS STOPS ON SOUTH FIRST AS WELL AS AVAILABLE BIKE LANES ON EBERHART LANE. STAFF IS RECOMMENDING GR M U V C O N P ZONING FOR, UH, FOR THIS PROPERTY. IF YOU HAVE ANY QUESTIONS, PLEASE LET ME KNOW. THANK YOU CHAIR AND I HEAR FROM, UM, THE APPLICANT, MS. LEO BOJO. HELLO COMMISSIONERS. I'M LEAH BOJO WITH JENNER GROUP HERE ON BEHALF OF THE APPLICANT. UM, I HAVE A PRESENTATION AND I'M HAPPY TO RUN THROUGH IT. I'M ALSO HAPPY TO JUST MAKE MYSELF AVAILABLE FOR QUESTIONS IF THAT'S, I WOULD LIKE TO SEE THE PRESENTATION. YES SIR. MIND. ALRIGHT, SO HERE IS JUST A GENERAL ORIENTATION. WE'RE ON THE SOUTHWEST CORNER OF EBERHART AND SOUTH FIRST STREET. UH, THE PROPERTY AS, UM, NANCY SAID IS ABOUT 1.65 ACRES WITH 27 CIRCA 19 OR 72, UH, APARTMENTS ON IT, UM, THAT WE ARE, UM, PLANNING TO REDEVELOP. THE SITE IS NOT ON SOUTH FIRST, BUT IT IS ABOUT A FIVE MINUTE WALK FROM FREQUENT BUS SERVICE, THE ROUTE 10 N UM, HERE YOU CAN SEE THE ZONING REQUEST. IT IS LR N P TODAY, SO IT'S ACTUALLY LEGAL NON-CONFORMING USE. UM, AND THEN WE WOULD BE REZONING IT TO G R V MU, UH, CO NP. WE ARE AGREEABLE TO STAFF'S RECOMMENDED PROHIBITED USES. AND THEN YOU CAN ALSO SEE THERE ON THE RIGHT THE CHAIN FROM NEIGHBORHOOD NODE TO MIXED USE ACTIVITY HUB CORRIDOR. UM, LIKE MS. ESTRADA SAID, WE'RE TALKING ABOUT APPROXIMATELY 180 FOR RENT UNITS. WE'RE PLANNING TO USE THE AFFORDABILITY UNLOCKED TOOL. UM, SO THIS IS, IS WHAT THAT BREAKOUT WOULD LOOK LIKE GENERALLY. UM, WE ARE ALSO WORKING WITH THE TENANTS ON TENANT PROTECTIONS, THE SAME KIND OF LIST THAT Y'ALL, UH, FREQUENTLY SEE. UM, AND HAVE NOT HEARD ANY CONCERNS FROM THOSE FOLKS AS WELL. THIS PROJECT IS NOT, UH, IMMINENT. WE DON'T HAVE A SITE PLAN ON FILE OR ANYTHING LIKE THAT. SO WE'VE BEEN IN COMMUNICATION WITH THEM. THIS IS WHAT THAT LIST OF PROHIBITED USES LOOKS LIKE THAT WE HAVE AGREED TO ADD TO THE CO STANDARD KIND OF AUTO ORIENTED USES, PARTICULARLY SINCE THIS IS IN A TRANSIT CORRIDOR. UM, AND HERE IS THAT LIST OF TENANT, UM, BOTH CURRENT AND REDEVELOPMENT TENANT PROTECTIONS. AND WITH THAT, I REQUEST YOUR SUPPORT. THANK YOU. THANK YOU, CHAIR. WHILE I HEAR FROM THE OPPOSITION, BEGIN WITH MR. PIN THOMPSON. MR. THOMPSON, YOU'LL HAVE THREE MINUTES. I, UH, I DON'T HAVE ANY SLICK PRESENTATION, UM, BUT I WOULD LIKE TO USE MY TIME HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE FOR ME. OKAY. WE'LL GET TO THE Q AND A IN A MOMENT. ALRIGHT, WELL THEN LET ME TALK FOR THREE MINUTES. UH, YOU, YOU CAN USE THE TIME, UH, IF YOU HAVE ANY MORE TO BUILD ON. UM, YEAH, I MEAN I I, I COULD FOLLOW UP ON, ON A COUPLE OF THE THINGS. UM, AS TO THE NEIGHBORHOOD PLAN, UM, YOU KNOW, THE NEIGHBORHOOD, YOU KNOW, THE CONCEPT OF A NEIGHBORHOOD, UH, NODE, IT'S BEEN POINTED OUT, I THINK IN A FEW OF THE, THE CITIZEN, UH, OPPOSITION FORMS THAT WERE SENT IN. UM, THE NEIGHBORHOOD PLAN SEEMS TO SAY THIS KIND KIND OF THING IS MORE APPROPRIATE AT A MAJOR INTERSECTION. EVERHART AND SOUTH FIRST IS NOT A MAJOR INTERSECTION. UM, WILLIAM CANNON IN SOUTH FIRST IS A MAJOR INTERSECTION AND THAT IS A FIVE MINUTE WALK OR LESS. UM, BUT A BIG ISSUE WE HAVE IS TRAFFIC COMING IN AND OUT ON A NOT MAJOR STREET. EVERHART LANE IS, UM, REALLY A PROBLEMATIC SAFETY, UM, ISSUE. IT'S A CUTOFF DURING RUSH HOUR, UM, FOR PEOPLE COMING SOUTHBOUND ON SOUTH FIRST STREET. UH, THEY HIT THE LIGHT AT WILLIAM CANNON AND THEY TURN ON EBERHART. UH, AND A LOT OF PEOPLE ARE IN A RUSH SURPRISE, UH, ON THEIR WAY TO GET HOME. THEY RACE DOWN THAT STREET AND IT'S THE SAME IN THE MORNINGS. IT'S, UH, IT'S A DANGEROUS AREA. I'M NOT SAYING THAT THIS IS THE APPLICANT'S PROBLEM, BUT IT'S SOMETHING THAT IF THE CITY IS GOING TO BLESS AND ALLOW THE CITY NEEDS TO ADDRESS THIS IN A MEANINGFUL WAY. UM, WHAT ELSE? I'LL RESERVE THE REST OF MY TIME FOR, UH, ANY QUESTIONS I'LL HEAR FROM, UH, FORMER MAYOR PROAM, JACKIE GOODMAN . WELL, I'LL JUST SAY THAT THE INFRASTRUCTURE IS NOT READY FOR ALL THIS DENSITY. THE TRAFFIC HAS BEEN POINTS OUT IS ALREADY PROBLEMATIC. COMMUTER CUT THROUGH IS VERY DIFFICULT IN HILLY NARROW STREETS. THE DRAINAGE INFRASTRUCTURE IS AS YOU SAT ON WILLIAMSON, WHICH [00:30:01] BUILDS UP EVERY FEW YEARS WITH THE IMPERVIOUS COVER HEADS RIGHT INTO WILLIAMSON, JUST FEET AWAY ON THE OTHER SIDE OF, UH, EMPER AND TURTLE CREEK AND HEADS STRAIGHT DOWN TO WHERE THE LIFE-THREATENING FLOODING DOES HAPPEN THAT HAS NOT BEEN CURED BY BOND OR THE IMPROVEMENT IN DRAINAGE CAPACITY. SO IT'S ABOUT TO GET READY TO BUILD UP AGAIN AND BE A MAJOR NEGATIVE INFLUENCE. THE OTHER THING IS JUST IMPERVIOUS COVER IN GENERAL. THE ADDITION OF HEAT ISLAND IS PROBLEMATIC GIVEN THIS LAST SUMMER AND THE SUMMER BEFORE. AND THAT'S WHY I WAS TALKING ABOUT PLANNING INCENTIVES FOR A LOT MORE PLANNING THAN JUST AFFORDABLE UNITS NEEDS TO HAVE. AND UNLESS YOU HAVE QUESTIONS ABOUT THAT AND ABOUT NEW URBANISM FOR WHICH I CAN TALK FOR HOURS ABOUT THE WAY TO DO IT, RIGHT, URBAN LIVABILITY WITH DENSITY FOR THE FUTURE IS VERY CRITICAL BECAUSE, UM, YOU TAKE A CHANCE ON ALLOWING THE MARKET TO DECIDE WHAT DEAD PLACES WILL BE. AND THAT'S WHAT WE'RE A LITTLE FEARFUL OF. THANKS. ALL RIGHT, SPEAKERS, UH, JUST STAY CLOSE BY. WE WILL MOVE INTO Q AND A HERE IN A LITTLE BIT. THANK YOU. CHAIR WON. I HEAR FROM THE APPLICANT FOR A THREE MINUTE REBUTTAL. I WILL JUST SAY THAT WE, WE DID DO A ZONING TRAFFIC ANALYSIS WITH THIS, WHICH I'M HAPPY TO ANSWER SOME QUESTIONS ABOUT. AND WE ALSO DID A DRAINAGE ANALYSIS AHEAD OF OUR SITE PLAN, SO I DON'T NEED TO GO INTO IT, BUT I'LL JUST LET YOU KNOW THAT I CAN ANSWER QUESTIONS. THANK YOU, CHAIR. THAT CONCLUDES THE SPEAKERS ON THIS ITEM. OKAY. UH, DO WE HAVE A MOTION TO CLOSE PUBLIC HEARING? UH, COMMISSIONER WOODS, SECONDED BY, UH, COMMISSIONER MAXWELL. ANY OBJECTION TO THE, UH, CLOSING OF THIS PUBLIC HEARING? ALL RIGHT, LET'S GO AND START OUR Q AND A. UM, WHO WANTS START US OFF? COMMISSIONER MS. TYLER? SURE. I POLL, I'M, I'M HAPPY TO START. UM, CAN WE KNOW FROM STAFF AND APPLICANT A LITTLE BIT MORE INFORMATION ABOUT THE DRAINAGE CONCERNS THAT HAVE BEEN RAISED AND WHAT'S NEARBY? I'M, I'M NOT SEEING THAT, OBVIOUSLY ON AN AERIAL FOR IT, SO I'D LIKE A LITTLE MORE INFORMATION. I'M HAPPY TO ANSWER YOUR QUESTION, COMMISSIONER. UM, IF YOU DON'T MIND PULLING UP SLIDE THREE. THANK YOU. UM, YOU CAN SEE IN THIS SLIDE HERE. THERE WE GO. SO YOU CAN SEE HERE THAT, UM, THAT THE, THIS, THE, THE WAY THE WATER RUNS RIGHT NOW IS IT RUNS ACROSS EVERHART ON THE NORTH, UH, WEST CORNER OF OUR SITE. IT COMES, THE WATER DRAINS NATURALLY THROUGH THAT CORNER AND THEN DOWN ALONG THE BACK OF OUR SITE. UM, THERE IS A DRAINAGE EASEMENT THAT EXISTS ALONG THAT BACK PROPERTY LINE, UM, FROM PROBABLY THE SEVENTIES THAT IS NOT WIDE ENOUGH. UM, AND SO RIGHT NOW, UM, THIS PROJECT HAS NO DRAINAGE, NO, NO WATER QUALITY FROM THE SEVENTIES BEFORE THAT STUFF EXISTED. UM, SO RIGHT NOW THE DRAINAGE THAT THE SITE IS PROVIDING IS NOT ADEQUATE. HOWEVER, WHEN WE REDEVELOP THE SITE, UM, THROUGH THE DRAINAGE ANALYSIS, WE KNOW THAT WE WILL ALREADY HAVE TO WIDEN THAT EASEMENT AND WIDEN THAT DRAINAGE AREA TO CAPTURE THAT WATER. SO, UM, EVEN REGARDLESS OF WHAT HAPPENS ON OTHER SITES NEARBY, UM, THE DRAINAGE THAT IS CURRENTLY FLOWING INTO THOSE YARDS WILL BE CAPTURED ON OUR SITE AND WILL NO LONGER FLOW INTO THOSE YARDS. OKAY. AND DO WE KNOW, UM, ARE THERE GONNA BE INCREASES, DECREASES, CHANGES TO THE IMPERVIOUS COVER THAT'S CURRENTLY EXISTING ON THE SITE? I DON'T KNOW WHAT THE IMPERVIOUS COVER IS THAT'S BUILT TODAY. UM, FROM WHAT I'VE SEEN, IT DOESN'T SEEM LIKE IT'S GONNA BE A BIG CHANGE IN ALL HONESTY. UM, WE'RE TALKING ABOUT DOING STRUCTURED PARKING, UM, SO THAT SURFACE PARKING YOU SEE THERE, UM, WOULD BE UNDER THE BUILDING. SO I WOULD IMAGINE IT'S CLOSE, BUT I DON'T HAVE AN ASALT. OKAY. AND THEN, GIVEN THAT WE'RE LOOKING AT CHANGES TO PARKING REQUIREMENTS, DO WE ANTICIPATE POTENTIALLY LESS VEHICULAR TRAFFIC FOR THIS PROJECT? UM, WE DID A TRAFFIC ANALYSIS JUST COUNTING ALL OF THE UNITS, THE MAXIMUM THAT WE, WE PUT IN 180. 'CAUSE THAT'S SORT OF THE TOP OF WHAT WE WOULD EXPECT. UM, IT WOULD PROBABLY BE SOMEWHERE BETWEEN 150 AND 180 AND THAT TRAFFIC ANALYSIS SHOWED THAT UPPER HEART WILL STILL [00:35:01] BE FUNCTIONING WITHIN A DESIRABLE LEVEL. IT IS AN INCREASE IN TRIPS, BUT IT IS STILL WITHIN, UM, WHAT A T D HAS DETERMINED THE ROADWAY IS DESIGNED TO HANDLE. THANK YOU. AND THEN A QUESTION FOR EITHER OF THE SPEAKERS, MR. BEN OR MS. JOYCE. UM, IS THERE CURRENTLY HAVE THE RESIDENCES OR THE PROPERTIES THERE CURRENTLY EXPERIENCED EXPERIENCING FLOODING ISSUES? TO MY KNOWLEDGE, UH, NO RESIDENT'S HOME HAS ACTUALLY FLOODED, BUT DURING, UH, MAJOR FLOOD EVENTS, UM, THE YARDS, IF YOU'RE LOOKING AT THE EXHIBIT I'M LOOKING AT, UM, THAT ARE, LET'S CALL IT THE, UM, THE WEST SIDE. UM, THEY ALMOST ALL DURING MAJOR FLOODING EVENTS HAVE WATER IN THEIR BACKYARDS, BUT NOBODY'S HOMES HAVE FLOODED. UM, WE HAVE DOCUMENTATION OF THE SUBJECT PROPERTY, YOU KNOW, SIMILARLY, UH, UNDERWATER, UM, AGAIN, NO, NO STRUCTURES UNDERWATER. UM, BUT UH, BUT YEAH, DEFINITELY WATER OUT OF THAT, UH, DITCH CREEK, WHATEVER YOU'RE CALLING IT. I THINK MY TIME ENDED, SO I JUST WANTED TO, OH, THANK JOYCE FOR COMING AND, UM, HOPE THAT WE'LL HEAR SOME OF HER COMMENTS MAYBE ON THE 26TH OF OCTOBER. ALRIGHT. UM, ANY OTHER QUESTIONS? UH, COMMISSIONER CONLEY? UM, YEAH, I HAVE A QUESTION FOR THE APPLICANT. UM, SO AS I UNDERSTAND IT, UH, THE CURRENT RESIDENTS ON THIS PROPERTY ARE, UM, PRIMARILY LOW INCOME FOLKS. THERE ARE A NUMBER OF VERY ELDERLY FOLKS ON SOCIAL SECURITY AND MEDICAID YES. RESIDING IN THE PROPERTY. UM, A HIGH RISK OF DISPLACEMENT AND ALSO OF SOME OF THESE FOLKS BECOMING UNHOUSED. SO COULD YOU SPEAK TO SORT OF WHAT PRECAUTIONS WILL BE PUT IN PLACE OR WHAT IS BEING OFFERED TO THE FOLKS WHO ARE CURRENTLY AT THIS PROPERTY? ABSOLUTELY. UM, IN ADDITION TO, UM, OBVIOUSLY COMPLYING WITH TENANT RELOCATION NOTICES, WE'VE EXTENDED THE NOTICE TO 180 DAYS, WE'RE ALLOWING PEOPLE TO BREAK THEIR LEASES, GET ALL THEIR DEPOSITS BACK, AND ALL OF THOSE, THOSE KIND OF, THAT WHAT'S BECOME THAT STANDARD LIST OF THINGS. UM, WHAT I THINK IS, UM, A MORE, EVEN MORE HELPFUL THING THAT WE'VE COMMITTED TO AND TOLD THE CLIENT, TOLD THE TENANTS THAT THEY WILL HAVE AVAILABLE TO THEM WHEN WE GET CLOSER TO REDEVELOPMENT IS HAVING SOME SERVICE PROVIDERS COME OUT TO THE SITE AND COUNSEL FOLKS ON WHAT PROGRAMS ARE AVAILABLE, WHAT HOUSING OPTIONS ARE AVAILABLE, AND THINGS LIKE THAT SO THAT THEY'RE NOT JUST HANDED A DEPOSIT CHECK AND KIND OF LEFT ON THEIR WAY. UM, COULD YOU SPEAK TO, I MEAN, HOW WILL THESE SERVICE PROVIDERS, UM, SHOW UP ON, ON SITE? OR IS THIS A PARTNERSHIP WITH SOME AGENCY? YEAH, SO THERE'S SOME ORGANIZATIONS THAT WE HAVE FOUND, UM, WE HAVE COMMITTED TO WORKING WITH THEM. ALTHOUGH I WILL SAY WE HAVEN'T ACTUALLY GOTTEN TO THE POINT IN REDEVELOPMENT YET WHERE WE'VE HIRED ANYONE TO COME OUT. BUT THERE'S A HANDFUL OF ORGANIZATIONS AROUND THE STATE AND IN AUSTIN THAT WILL COME OUT AND THEY'RE FAMILIAR WITH PROGRAMS. UM, THEY'RE FAMILIAR WITH, UM, UH, BOTH SORT OF SOCIAL PROGRAMS AND ALSO HOUSING PROGRAMS AND THEY CAN HELP DIRECT FOLKS TOWARD THOSE KINDS OF THINGS. OR ALSO JUST TOWARD OTHER HOUSING OPPORTUNITIES THAT THEY MIGHT QUALIFY FOR. I THINK ESPECIALLY IN A PLACE LIKE THIS THAT'S MARKET AFFORDABLE, SOMETIMES FOLKS DON'T KNOW WHAT THEY MIGHT QUALIFY FOR FROM A SUBSIDIZED STANDPOINT, SO WE'LL HELP THEM FIGURE THAT OUT AS WELL. UM, AND JUST ONE MORE QUESTION ON THAT. WHAT HAS THE COMMUNICATION BEEN LIKE WITH THE TENANTS AROUND SOME OF THESE CHANGES? THERE HAVE BEEN, IT WAS A LITTLE WHILE AGO NOW. UM, WE SENT THEM A LETTER IN ENGLISH AND IN SPANISH, UM, I THINK IT WAS PUT ON DOORS. I DON'T THINK THERE'S LIKE AN EMAIL, UM, BOX THERE, BUT WE'VE HAD THE, UM, THE PROP. WE USUALLY DO IT THROUGH THE PROPERTY MANAGER SO THAT THEY'RE TALKING TO A FAMILIAR FACE. AND SO WE KNOW THAT THOSE NOTICES HAVE BEEN PROVIDED. OKAY. AND WILL THERE BE ANY ASSISTANCE WITH RELOCATION OR, OR YES. HAVE THINGS LIKE THAT BEEN INCLUDED? YES, ALL OF THOSE THINGS HAVE BEEN INCLUDED. OKAY. UM, OKAY. SO, UM, THE, THE, THE EXISTING TENANTS WILL HAVE SOME SUPPORT IN RELOCATING THAT IS ALSO FINANCIAL ASSISTANCE? ABSOLUTELY. OKAY. AND THIS HAS BEEN COMMUNICATED TO THEM? YES, IN SOME FORM. OKAY. YES, ABSOLUTELY. ALRIGHT, THANK YOU. UM, WELL I LOOK FORWARD TO JUST, UM, A FOLLOW UP. I KNOW THAT THIS IS KIND OF BEYOND THE SCOPE OF THE COMMISSION, BUT JUST TO FOLLOW UP AROUND HOW THE COMMUNICATION IS WITH THOSE TENANTS. 'CAUSE I CAN FIND OUT MORE SPECIFICALLY, I KNOW THAT THEY WERE GIVEN A LETTER DETAILING THINGS IN JANUARY. UM, I DON'T KNOW WHAT THE MORE RECENT, UM, NOTICE HAS BEEN. I KNOW THEY OBVIOUSLY HAVE RECEIVED CITY NOTICES AND THERE'S BEEN COMMUNICATION ABOUT THESE HEARINGS AND THINGS LIKE THAT, BUT I CAN FIND OUT MORE IN MORE DETAIL. YEAH. AND IN THESE CASES, WE OFTEN HEAR FROM THE NEIGHBORHOOD FOLKS AND THEN WE DON'T HEAR FROM, I KNOW VERY RARELY DO WE HEAR FROM THE ACTUAL TENANTS, BUT IT IS A VERY CONCERNING SITUATION. AND SOME OF WHAT I'VE HEARD FROM THE TENANTS, UM, IN THIS BUILDING IS THAT THEY HAVEN'T, UM, HAD A SORT OF A KIND OF VERY CLEAR COMMUNICATION AROUND WHAT THEIR FUTURE IS. OKAY. UM, SO THERE'S A LOT OF APPREHENSION. SO WE CAN CERTAINLY BETWEEN THIS HEARING AND COUNSEL, UM, FIND OUT MORE DETAILS ABOUT THAT AND PROBABLY HAVE AN ONSITE MEETING IF ONE HASN'T ALREADY HAPPENED. 'CAUSE I FEEL LIKE THAT'S GENERALLY A BETTER WAY TO COMMUNICATE WITH PEOPLE. OKAY. [00:40:01] THANK YOU. APPRECIATE IT. OF, UM, THAT'S MY ONLY QUESTION, UH, COMMISSIONERS ANY MORE QUESTIONS? ALL RIGHT. UH, DO WE HAVE A MOTION? WANNA ENTERTAIN? ALL RIGHT. UH, I'M GONNA GO AHEAD AND MOVE, TRY THIS ONE OUT. I MOVE STAFF RECOMMENDATION, UH, ON THIS FOR ITEM SIX AND SEVEN. DO I HAVE A SECOND? SECOND, UH, BY COMMISSIONER ANDERSON. UM, OKAY. ANY, ANY DISCUSSIONS? OKAY. UH, LET'S GO AND TAKE A VOTE THEN ON THIS ITEM. EVERYBODY CLEAR ON WHAT WE'RE VOTING ON? WE'LL START WITH THOSE ON THE S IN FAVOR. GO AHEAD, COMMISSIONER. CONMAN. NOT, NOT TO GET TOO DEEP INTO THE DISCUSSION, IF I COULD, UM, JUST MAKE A COMMENT AND I I WANT TO THANK, UM, COMMISSIONER MUSH TOLER FOR PULLING THIS ITEM. UM, BUT I, I JUST WANNA FLAG THAT THIS IS A VERY DELICATE CASE, UM, WHERE THERE ARE FOLKS, UM, THAT ARE VERY MUCH AT RISK OF DISPLACEMENT, UM, IN THIS SITE. AND I AM ENCOURAGED TO SEE THAT THERE'S A GOOD FAITH EFFORT BEING MADE, UM, TO PROVIDE THEM WITH RESOURCES AND COMMUNICATION AND INFORMATION. UM, AND SO THAT, THAT, THAT DOES MAKE ME FEEL, UM, MORE COMFORTABLE, BUT THIS IS DEFINITELY WHAT I WOULD CLASSIFY AS A HIGH DISPLACEMENT RISK, UM, PROJECT. SO I JUST WANT TO FLAG THAT. AND I APPRECIATE THE EFFORTS BEING MADE ON THE APPLICANT'S PART TO, UM, AGREE TO SOME RELOCATION BENEFITS AND ASSISTANCE FOR THIS PROJECT. OKAY. ANY OTHER COMMISSIONERS WANNA SPEAK IN FAVOR OR AGAINST THIS ITEM? COMMERS. ZA, GO AHEAD. OKAY, SPEAK IN FAVOR. UM, I'LL JUST SAY, SO I, I, I COMPLETELY WANT TO ACKNOWLEDGE WHAT COMMISSIONER CONLEY JUST SAID AND THINK TO SORT OF THOSE CONCERNS. I THINK I ALSO AT THE SAME TIME REALLY APPRECIATE ONE, MOVING AHEAD WITH AN AFFORD BILLION LOCK PROJECT WHERE WE KNOW THAT 50% UNITS WILL BE DEDICATED FOR LONG-TERM AFFORDABILITY. AND IN ADDITION, I APPRECIATE THE, UM, APPLICANT'S SORT OF VOLUNTARY PROVISION OF CERTAIN PROTECTIONS FOR EXISTING TENANTS AS WELL. SO, UM, I AGREE WITH COMMISSIONER CONLEY WRIGHT AS HARD AS THIS CASE IS, I, I'M SUPPORTING IT BECAUSE OF THAT WORK THAT'S BEEN DONE ON THAT. AND I HOPE THAT IF WE GET FUTURE ITEMS, THEY CAN BE SIMILAR. THANK YOU CHAIR. ALRIGHT, UH, LET'S SEE IF WE CAN MAKE THIS EASY. IF NOT, WE'LL GET A, UH, HEAD COUNT. ANY OBJECTIONS FROM THOSE ON THE DIOCESE FOR THE, UM, THE MOTION, UH, SEEING NONE, ANY OF THOSE ON THE SCREEN, UH, VOTING, UH, ANY VOTING, ANY OBJECTION? ALL RIGHT. SEEING NONE THAT, UH, THOSE, UH, ITEM SIX AND SEVEN PASSED UNANIMOUSLY. THANK YOU VERY MUCH. ALL RIGHT. UH, MOVING ON TO THE NEXT ITEM. WE ARE MOVING PRETTY GOOD HERE ALL THE WAY TO, IS IT ITEM 25? [25. Rezoning: C14-2023-0038.SH - 4106 1/2, 4120, 4122, 4122 1/2 E. 12th St; District 1] ALL RIGHT, SO, WE'LL, THIS IS THE, UM, 4 1 2 0 EAST 12TH STREET. OH, I'M SORRY, NOT THAT ONE. UH, THE ADDRESS IS ON EAST 12TH STREET AND THERE'S REZONING CASE AND THERE'S NO ASSOCIATED PLAN AMENDMENT, SO WE'RE JUST DOING THE ZONING ON THIS ONE. ALL RIGHT, STAFF, UH, START US OFF. GOOD EVENING. JONATHAN TOMKO, PRINCIPAL PLANNER WITH THE PLANNING DEPARTMENT PRESENTING CASE C 14 DASH 2023 DASH 0 0 3 8 SSH. THIS IS 41 0 6 AND A HALF, 41 20, 41, 22, AND 41, 22 AND A HALF EAST 12TH STREET. THE PARCEL IN QUESTION IS APPROXIMATELY 3.44 ACRES. THE REQUEST FROM THE APPLICANT IS TO GO FROM SSF THREE, NP TO MF TWO. NP AND STAFF RECOMMENDS GRANTING MF TWO NP. THIS PARCEL IS JUST NORTHWEST OF EAST, UH, THE INTERSECTION OF EAST 12TH STREET IN SPRINGDALE ROAD. THE APPLICANT HAS COMMITTED TO CONSTRUCTING 40% OF THE UNITS AFFORDABLE TO HOUSEHOLDS AT 80% M F I AND ALSO HAS AN AFFORDABILITY UNLOCKED APPLICATION IN REVIEW PENDING ZONING APPROVAL PARCEL IS APPROXIMATELY ONE MILE FROM THREE IMAGINE AUSTIN CENTERS, UH, MUELLER, SPRINGDALE, AND M L K STATION. ADDITIONALLY, THE FUTURE LAND USE MAP FOR THE EAST M L K COMBINED NEIGHBORHOOD PLANNING AREA IDENTIFIES THE TRACT AS MIXED RESIDENTIAL. THE PARCEL IS IMMEDIATELY ADJACENT TO THE HISTORIC BETHANY CEMETERY, WHICH THAT DATES TO THE 18 HUNDREDS. UH, THE APPLICANT INDICATES THAT THEY HAVE BEEN WORKING CLOSELY WITH THE BETHANY CEMETERY STAKEHOLDERS TO MITIGATE CONCERNS, AND THERE IS A GROUND PENETRATING RADAR SURVEY CONDUCTED IN MAY OF 2021 IN EXHIBIT D OF YOUR BACKUP. I'M AVAILABLE IF YOU HAVE ANY QUESTIONS. [00:45:02] THANK YOU, CHAIR. WHEN I HEAR FROM THE APPLICANT, HELLO COMMISSIONERS , I WILL WALK THROUGH THIS. I'M SURE THERE WILL BE QUESTIONS AT THE END, BUT I'M GONNA DO MY BEST TO GIVE YOU A COMPREHENSIVE OVERVIEW OF, OF KIND OF WHERE WE ARE. UM, SO THIS IS THE SITE TO ORIENT EVERYONE THAT WE'RE TALKING ABOUT FOR THE REZONING. UM, HERE IS THE CORNER AT THE CORNER OF SPRINGDALE, BASICALLY ALMOST AT THE CORNER OF SPRING, SPRINGDALE AND 12TH STREET. IT IS, THIS IS THE ONLY PORTION OF THE SITE THAT WE'RE ASKING TO REZONE RIGHT NOW FROM SF THREE TO MF TWO. UM, THIS, UM, SLIDE SHOWS YOU THAT'S WHERE THE CEMETERY IS FIRST OF ALL, WHICH HAS BEEN OBVIOUSLY A, A MAJOR PART OF OUR DISCUSSION. AND THEN IT ALSO SHOWS THAT THE HARD CORNER OF SPRINGDALE AND 12TH STREET IS ALREADY REZONED. THAT WAS REZONED A COUPLE YEARS AGO, AND THAT IS MOVING FORWARD AS THE FIRST PHASE. AND THEN THE SECOND PHASE IS WHAT WE'RE REZONING TONIGHT. SO IT IS A TWO PHASE PROJECT. SO I'M GONNA GIVE YOU KIND OF THE NUMBERS ON BOTH OF THOSE JUST FOR TRANSPARENCY, BUT WE'RE REALLY ONLY ASKING TO REZONE THE SECOND COMPONENT THERE. UM, SO, SO OUR SITE, LIKE I SAID, IS A 3.44 ACRES. THE TOTAL FOR BOTH PHASES IS 5.8. UM, OUR PORTION IS UNDEVELOPED. THERE ARE SOME RETAIL USERS RIGHT THERE ON THE CORNER. UM, AND THEN OBVIOUSLY I'LL KNOW THAT THIS IS, UM, NEAR, UM, BOTH AND, AND IT'S ACTUALLY BEEN BROUGHT UP WITH SOME OF THE NEIGHBORS AS WELL, THAT THERE ARE BIKE LANES, THERE'S TRANSIT FACILITIES HERE. UM, A COUPLE OF FEW HIGH FREQUENCY BUS ROUTES, UM, AND MAKING IT ARGUABLY AN EXCELLENT LOCATION FOR, UM, FOR HOUSING AND BOTH MARKET RATE AND AFFORDABLE. THIS IS ALSO BOTH PHASES OF THIS AREN'T AFFORDABILITY UNLOCKED PROJECT. SO HERE WE HAVE THE ZONING REQUEST, LIKE I SAID, SSF THREE TO MF TWO, AND THEN YOU CAN SEE THAT THE NEIGHBORHOOD PLAN, UM, IS ALREADY ZONED OR ALREADY DESIGNATED AS MIXED RESIDENTIAL. SO WE DON'T NEED TO CHANGE THAT. UM, HERE ARE THE PROJECT DETAILS. UM, SO AGAIN, THE SECOND PHASE IS THAT WE'RE TALKING ABOUT REALLY SPECIFICALLY HERE IS 240 UNITS BROKEN OUT AS YOU CAN SEE HERE. UM, AND THEN THE TOTAL, UM, WOULD BE ABOUT 500, I THINK IT'S 592 OR 593, UM, OVERALL UNITS WITH A, UM, VERY HIGH COMPONENT OF AFFORDABLE AT 50 AND 60%. M F I. UM, THIS IS A TIMELINE. I REALIZE IT'S VERY SMALL PRINT, UM, IS MORE FOR ME TO REFERENCE REALLY. BUT I JUST WANTED TO SHOW YOU THAT WE'VE BEEN WORKING ON THIS AND MEETING WITH ALL KINDS OF FOLKS, UM, HERE FOR SEVERAL MONTHS NOW. UM, I'M VERY PLEASED WITH THE PROGRESS I'M ABOUT TO REPORT TO YOU. UM, AND IF YOU HAVE ANY QUESTIONS ABOUT ANY OF THESE SPECIFIC MEETINGS, I'M HAPPY OF COURSE TO TALK ABOUT THAT. OH, NO, NO PROBLEM. THANK YOU. SO CLEARLY, AS YOU SAW ON THE MAP, THE THING THAT MAKES THIS SITE SPECIFIC, THIS SITE UNIQUE IS ITS PROXIMITY TO THE BETHANY CEMETERY. UM, WE KNEW WHEN WE STARTED WORKING ON THIS DEVELOPMENT, THE APPLICANT, WHEN THEY WENT REZONED A COUPLE OF YEARS AGO, THEY WORKED THROUGH A LOT OF QUESTIONS ABOUT THE CEMETERY AS WELL. I WAS NOT PART OF THE PROJECT AT THAT TIME. UM, BUT WE KNEW THAT THAT WAS GONNA BE THE, THE UNIQUE CIRCUMSTANCE THAT WE WANTED TO TALK TO THE NEIGHBORS ABOUT AND TALK TO THE, BE SPECIFICALLY TO THE CEMETERY FOLKS ABOUT. AND SO THIS IS THE CURRENT LIST OF COMMITMENTS THAT WE HAVE MADE. WE DO HAVE A DRAFT RESTRICTIVE COVENANT. UM, IT IS STILL IN DRAFT FORM. IT WILL DEFINITELY BE SIGNED AND FINALIZED BY THE TIME WE GO TO CITY COUNCIL. UM, IT IS WITH THE BETHANY CEMETERY ASSOCIATION. AND I'M JUST GONNA WALK YOU QUICKLY THROUGH THESE 'CAUSE I THINK THESE ARE THE MOST IMPORTANT PART. UM, SO WE'VE AGREED IN ADDITION TO THE GROUND PENETRATING RADAR STUDY THAT JONATHAN MENTIONED A FEW MINUTES AGO, UM, WHICH DID LEAD US TO, UM, THE CONCLUSION THAT THERE, WE, WE HAVE NO REASON TO THINK THAT THERE ARE ANY GRAVES THAT CROSSED THE BOUNDARY OF THE CEMETERY. UM, WE HAVE ADDITIONALLY AGREED BEFORE WE START THIS PHASE OF THIS PROJECT, AND ACTUALLY ALSO THESE COMMITMENTS APPLY TO THE FIRST PHASE OF THE PROJECT, EVEN THOUGH THAT PART IS ALREADY ENTITLED. UM, WE WOULD APPLY THE SAME RULE, THE SAME COMMITMENTS TO THAT PORTION AS WELL, TO BOTH PHASES. UM, SO WE'VE, WE'VE, WE ARE TALKING TO A COUPLE OF ARCHEOLOGICAL CONSULTANTS. WE HAVE ONE, UM, THAT WE'RE ALMOST FINALIZING WITH, UM, THAT HAS AGREED TO MEET MS. SPEARS AND ANY OTHER BETHANY FAMILY MEMBERS. WE'VE LEARNED OF A LOT OF FOLKS THAT HAVE FAMILY MEMBERS BURIED IN THE CEMETERY. UM, HE WOULD BE WILLING TO MEET WITH ALL OF THEM, WALK THE GROUNDS. MS. SPEARS HAS MENTIONED A COUPLE OF PLACES WHERE SHE THINKS THERE COULD BE A GRAVE, THERE'S AN INDENTATION OR SOMETHING LIKE THAT IN THE GROUND, AND SHE WANTS TO MAKE SURE WE PAY SPECIAL ATTENTION. SO BEFORE ANYTHING HAPPENS, THE THE HISTORICAL ARCHEOLOGIST WOULD, WOULD WALK THAT AREA WITH MS. BEERS AND OTHER INTERESTED FOLKS. UM, THE NEXT THING AFTER THAT WOULD BE, UM, WHAT'S CALLED A SCRAPING SURVEY, WHICH IS, UM, WE TALKED TO THE TEXAS HISTORICAL SOCIETY ON CEMETERIES AND THEY SAID THAT IT'S GREAT TO COMBINE. BEST PRACTICE IS TO COMBINE SOMETHING LIKE A GROUND PENETRATING RADAR, WHICH IS LIKE A MAGNETIC SPACIAL ANALYSIS WITH SOMETHING PHYSICAL. SO THE NEXT THING WE WOULD DO IS A SCRAPING SURVEY OF THAT AREA. THEY RECOMMENDED 25 FEET AROUND THE BOUNDARY OF THE CEMETERY, WHERE YOU KIND OF DO LIGHT SCRAPING TO SEE IF THERE'S ANY REASON TO THINK THAT THERE ARE, UM, CHANGES IN SOIL OR ANYTHING THAT COULD BE A BURIAL. [00:50:01] UM, THE NEXT, THE THIRD KIND OF COMPONENT OF THAT THAT'S RELATED TO THE CONSTRUCTION IS HAVING THAT SAME ARCHEOLOGICAL CONSULTANT ON SITE MONITORING THE EXCAVATION OF THAT SAME AREA, JUST AGAIN, TO MAKE SURE THAT AS THEY'RE DIGGING DEEPER, IF THERE ARE ANYTHING THAT NEEDS TO, TO PAUSE OR TAKE A SECOND LOOK THAT PERSON WOULD BE AVAILABLE. UM, AND WATCHING WITH THAT INTEREST IN MIND, UM, THE, THE ADDITIONAL ITEMS WE'VE AGREED TO, WHICH WE'VE TALKED ABOUT WITH MS. BEERS AND WITH OTHERS ARE, UM, IMPROVING FENCING AND LANDSCAPING BETWEEN THE BOUNDARY OF OUR SITE AND THE CEMETERY, UM, SORT OF TO ACT AS A BUFFER. YOU KNOW, THE CEMETERY IS KIND OF LONG AND DEEP AND THERE ARE A LOT OF TREES AT THE BACK OF IT, BUT WE CAN ALSO PUT TREES ON OUR SIDE. SORRY, I'LL TRY TO GO FASTER. TO, IS THAT OKAY IF I OKAY. TO, TO TRY TO KIND OF, YOU KNOW, BUFFER THAT VIEW. UM, WE'VE AGREED TO A CONNECTION. THERE'S STILL SOME QUESTIONS ABOUT EXACTLY WHERE IT'S GONNA BE LOCATED. WE'RE WORKING ON IT RIGHT NOW. BUT WE'VE CERTAINLY AGREED TO MAKE A CONNECTION FROM THE PARKLAND THAT THE CITY RECENTLY PURCHASED TO THE NORTH TO, UM, ACROSS TO 12TH STREET SO THAT PEOPLE COULD GET THROUGH THE PROPERTY, PUBLIC ACCESS THROUGH THE PROPERTY TO GET DOWN TO GIBBONS PARK. UM, WE'VE AGREED TO A 25 FOOT SETBACK BETWEEN THE BUILDING AND THAT EASTERN PROPERTY LINE. REGARDLESS OF HOW THE TRAIL ENDS UP SHAKING OUT, WE HAVE, WE WILL HAVE AT LEAST 25 FEET BETWEEN THE PROPERTY LINE AND THE BUILDING SO THAT THE BUILDING ISN'T RIGHT UP ON THE PROPERTY LINE WHERE YOU'D BE ABLE TO SEE IT OVER THE TREES. UM, WE HAVE AGREED TO MAKE SURE THERE'S A DESIGNATED DOG AREA ON OUR SITE SO THAT NO ONE WHO LIVES THERE IS TEMPTED TO GO INTO THE CEMETERY AREA. WE'VE ALSO AGREED TO NO DOG SIGNS ON THE CEMETERY FENCING. THAT'S COME UP AS A HUGE CONCERN, UNDERSTANDABLY. UM, WE WANNA MAKE SURE IT'S VERY CLEAR TO PEOPLE THAT THAT IS NOT A PARK SPACE, THAT'S A SACRED PLACE TO GO WITH INTENTION. UM, WE'VE, I BELIEVE LANDED ON NO GATES BETWEEN THE PROPERTY AND THE BETHANY CEMETERY. IN ALL HONESTY, THAT'S ANOTHER THING THAT'S A LITTLE UP IN THE AIR. SO THE WAY IT SAYS IT RIGHT NOW IN THE, THE WAY IT'S WORDED IN THE COVENANT RIGHT NOW IS UNLESS BETHANY CEMETERY AGREES. SO, YOU KNOW, IF THAT CHANGES IN THE FUTURE, WE CAN TALK ABOUT THAT, BUT WE WOULDN'T, THE DEVELOPER WOULD NOT BE PROPOSING ANY GATES. UM, AND THEN FINALLY WE'RE WORKING ON, UM, AN AMOUNT KIND OF BASED ON SOME OF THESE OTHER THINGS TO MAKE A CONTRIBUTION TO THE CEMETERY, TO THE 5 0 1 C THREE TO HELP SUPPORT THEM IN THEIR OUTREACH EFFORTS, MAINTENANCE EFFORTS, ALL KINDS OF THINGS LIKE THAT. UM, THAT RIGHT NOW, UM, A VERY SMALL, BASICALLY SINGLE PERSON VOLUNTEER IS HANDLING ON HER OWN. OKAY. UM, WE'VE ALSO, UM, HAVE MADE SOME COMMITMENTS TO THE NEIGHBORHOOD. I, UM, WE SENT, UH, WE, WE HEARD FROM THEM LAST WEEK, WE SENT OUT, UM, THE THINGS THAT WE COULD, WE COULD COMMIT TO. THOSE ARE THE THINGS THAT ARE LISTED HERE. UM, I'M NOT SURE EXACTLY WHERE THAT, THE REST OF THAT LIST. OKAY. WE'RE GONNA GO AHEAD AND STOP YOU JUST SO WE DON'T HAVE TO GIVE EQUAL TIME TO EVERYONE. GOT IT. UH, BUT WE'LL ASK YOU MORE ON YOUR LAST PART. OKAY. SORRY, I KNOW I HAVE A LOT OF INFORMATION. THANKS, . THANK YOU. THANK YOU CHAIR. WE'LL NOW HEAR FROM THE OPPOSITION, BEGINNING WITH THE PRIMARY SPEAKER OF MS. ALEXANDRA ANDERSON, UH, TO, UM, ADD THE TIME. MS. ANDERSON, Y'ALL HAVE SEVEN MINUTES. UM, EVENING EVERYONE, UH, AS LEAH HAS WAS JUST SHARING. WE WERE WE ABLE TO SEND IT OUT. UM, WE MET YESTERDAY AS A NEIGHBORHOOD ASSOCIATION, UM, AND WE READ OVER THE FEEDBACK THAT WAS GIVEN FOR THOSE RECOMMENDATIONS. UM, THIS LIST IS A PRIORITIZATION FOR THE COMMUNITY. THE ITEMS WILL CONTINUE TO SHAPE THE COMMUNITY INTO A VIBRANT AREA THAT WE WANT TO LIVE IN. OUR NA IS A NOT TOTALLY AGAINST THE DEVELOPMENT, HOWEVER PREPARED TO SUPPORT THE PROJECT SUBJECT TO THESE MINOR REASONABLE CHANGES TO THE PROPOSAL THAT IS BEFORE US. TODAY, WE WILL CONTINUE TO WORK WITH ADRIANA GROUP TO FINALIZE A RESTRICTIVE COVENANT ON BEHALF OF THE NEIGHBORHOOD DEEP ROW AFFORDABILITY, DIVERSITY OF UNITS I E THREE BEDROOMS AND AN INCREASE IN THE 50%. M F I NUMBER OF UNITS WILL TRULY BENEFIT AND ADDRESS THE NEEDS OF THE INDIVIDUALS WHO LIVE IN OUR NEIGHBORHOOD. WE ARE CONSISTENTLY HEARING ABOUT AFFORDABILITY AND WHAT THAT LOOKS LIKE, BUT THE STANDARDS ARE NOT COMPATIBLE TO THE DIVERSE AREAS. WHICH DEVELOPMENT IS HAPPENING IN DEEPER AFFORDABILITY IS THE KEY. IT'S KEY IN THIS AREA AND THIS LEVEL IS INAPPROPRIATE. THE CURRENT 60% AND 50% M F I WILL NOT BE THE SAME TWO TO THREE YEARS FROM NOW. WHEN THE PROPOSED TIME OF THIS DEVELOPMENT WILL START PHASE ONE AND PHASE TWO, EXCUSE ME. PHASE ONE IS DEPENDENT ON PHASE TWO GOING THROUGH. AND WE WILL CONTINUE TO ADVOCATE FOR CURRENT AND FUTURE RENTERS LOCALLY ON RETAIL BUSINESSES THAT PROVIDE SERVICES AND GOODS THAT ADDRESS THE TRUE NEEDS OF OUR COMMUNITY. THIS CAN BE ACHIEVED, UM, WHICH SOME OF THE EXAMPLES ARE GIVEN, KNOWING THAT THE CLOSEST, UM, GROCERY STORE THAT WE HAVE IS IN MUELLER. AND THAT, OTHER THAN THAT, IT'S OFF OF SEVENTH STREET. AND THEN YOU HAVE THE H E B THAT'S LOCATED OFF OF CAMERON ROAD. UM, SO I'M NOT SURE IF YOU'RE IN YOUR AREA, BUT IN OUR AREA, WHEN THE FREEZE HAPPENED, WE HAD PEOPLE WALKING OVER TO MUELLER. BUT WHEN YOU WENT TO MUELLER, UM, YOU HAD TO STAND IN LINE THAT WAS, WAS GOING ALL THE WAY INTO THE [00:55:01] NEIGHBORHOOD. SO FOR THE NEIGHBORS, THEY WERE LOOKING FOR A GROCERY STORE OR A BODEGA COFFEE SHOP. AND THE, UH, BUSINESSES THAT ARE CURRENTLY IN THERE AND PREVIOUS TENANTS GIVING THEM BACK BUYBACK OPTIONS TO, UM, HAVE ACCESS TO THESE COMMERCIAL SPACES AT AFFORDABLE RENTAL RATES. UM, THIS CAN BE ACHIEVED SEVERAL WAYS, INCLUDING A CONDITIONAL OVERLAY INTO OUR NEIGHBORHOOD PLAN. GREEN INFRASTRUCTURE IN INCLUDING BIOS, WALLS, AND ACCESS TO GREEN SPACE IS KEY IN OUR NEIGHBORHOOD AND THE EASTERN CRESCENT. AS WE CONTINUE TO SEE THE DROP IN GREEN SPACE IN OUR AREA, WHICH WILL START, WHICH WILL, EXCUSE ME, WHICH TO START WAS ALREADY AT A LOW LEVEL. HEAT ISLANDS ARE A REAL, ARE A REAL CONCERN OF OUR NEIGHBORS. WE ARE GOING TO FOLLOW CLOSELY, UM, AS THE SITE PLAN GOES THROUGH AND MAKE SURE THAT WE ARE FOLLOWING UP WITH THE CITY STAFF AS IT PERTAINS TO THE WETLAND MITIGATION AND MORE THAN ADEQUATE DRAINAGE. THERE IS A CONCERN OF THE NEIGHBORS, UH, WHO LIVE ON THE ADJACENT STREET THAT FLOODING CAN BE HIDING AS THE HOUSE IS DIRECTLY BEHIND THIS DEVELOPMENT ARE IN A HUNDRED YEAR FLOOD PLAIN AND THEY EXPERIENCE HEAVY RAIN OFF RUNOFF, EXCUSE ME, WHEN IT RAINS. UM, AS FAR AS THE IMPERVIOUS COVER, THERE'S ALREADY BEEN A STARK TEMPERATURE DIFFERENCE IN OUR AREAS AS CONTINUED TEMPERATURES CONTINUE TO INCREASE IN AUSTIN. IF THERE IS A WAY TO MINIMIZE, NOT MAXIMIZE THIS IMPERVIOUS COVER, LET'S DO IT. AND THOSE ARE JUST SOME OF THE FEEDBACKS. THANK YOU. THANK YOU. I'LL CALL THREE MEMBERS AT THE TIME. IF YOU CAN MAKE YOUR WAY TO THE PODIUM, BEGINNING WITH THE TOBIN WIGGIN, MATHESON MUIR AND BEDA SIMKINS. MS. SIMKINS, YOU'LL HAVE THREE MINUTES. ONE IS GONNA BE QUICK AND BRIEF. UM, THEY PRETTY MUCH DISCUSSED ALREADY, UM, EVERYTHING THAT I JUST WANTED TO SIT BACK AND MAKE SURE THAT, UM, AGAIN, THAT THE FAMILIES ARE BEING INCLUDED. UM, I HAVE 13 FAMILY MEMBERS THERE AS I STATED BEFORE, AND JUST MAKING SURE THAT, YOU KNOW, NONE OF THE GRADES WERE BEING, UM, BUILT ON, WHICH I DON'T THINK THERE IS SO FAR. THEY'RE GONNA DO THE, THE LANDSCAPES AND EVERYTHING AND I JUST WANTED TO BE A PART AND MAKE SURE, UM, THAT WE ARE PRESENT OR, YOU KNOW, BE ABLE TO, 'CAUSE I HAVE A GRANDMOTHER WHO IS ALONG THAT FENCE AND HER GRAVE MARKER IS GONE. UM, SO, UM, THAT WAS A CONCERN OF MINE JUST GOING, LOOKING FOR IT AND JUST WALKING AROUND IT IS JUST DON'T KNOW WHERE IT'S AT. AND SO I KNOW THAT THE OTHER PROPERTY THAT WAS BUILT THERE THAT'S NO LONGER THERE, THAT WAS TORN DOWN, WHICH WAS LIKE A FOURPLEX THERE. UM, I'M SURE THEY DID SURVEYING THEN. SO, I MEAN, I DON'T KNOW ABOUT ANYTHING OUTSIDE OF THE GRAVE, BUT, UM, THE GRAVEYARD. BUT I JUST WANTED TO MAKE SURE AND JUST BE INCLUDED, UM, IN ANY, YOU KNOW, PLANNING AND SMALL THINGS. NOT TRYING TO TAKE OVER ANYTHING LIKE THAT. JUST, IT'S JUST KIND OF STRANGE TO HAVE TO GO THROUGH THAT. AND, YOU KNOW, EVERYONE THAT DON'T HAVE FAMILY MEMBERS THERE, UM, CAN SAY WHAT THEY THINK IS BEST. BUT I MEAN, IT HITS HOME WHEN THAT'S BLOODLINE THERE, SO. AND ANCESTRY. SO THAT'S IT, THAT'S ALL. THANK YOU. LAURA WIGGIN. IS MS. WIGGIN PRESENT? OKAY. AARON CORRIGAN. MS. CORRIGAN, YOU'LL HAVE THREE MINUTES UP THERE. UM, I'M JUST IN SUPPORT OF WHAT ALEXANDRIA HAS BROUGHT UP. UM, PART OF, SORRY, STEP FORWARD. OH, STEP CLOSER. THERE YOU GO. UH, I'M SHOWING UP IN SUPPORT OF WHAT ALEXANDRIA HAS JUST SPOKEN ABOUT IN THE NEIGHBORHOOD ASSOCIATION. I DON'T KNOW THAT I HAVE TOO MUCH MORE OTHER THAN WHAT SHE SAID. WE TALKED LAST NIGHT ABOUT IT. THANK YOU, CHAIR. I'M GONNA GO BACK A COUPLE OF NAMES. UM, LAURA WIGGIN, TOBIN WIGGIN, MATHESON MUIR CHAIR. WE'LL MOVE ON TO THE APPLICANT'S REBUTTAL FOR THREE MINUTES. UM, I'LL JUST WRAP UP BY SAYING THAT WE ARE HAPPY TO CONTINUE TO WORK WITH, UM, EAST M L K NEIGHBORS. OF COURSE. I FEEL REALLY GOOD ABOUT THE PROGRESS WE'VE MADE AS FAR AS THE COMMITMENTS TO THE CEMETERY, ALTHOUGH THAT IS ALSO STILL AN ONGOING DISCUSSION. UM, AND SO IF THERE ARE ANY QUESTIONS ABOUT ANY OF THOSE THINGS, I'D BE HAPPY TO ANSWER THEM. THANK YOU. ALL RIGHT, COMMISSIONERS. UH, MOTION TO CLOSE PUBLIC HEARING. DO WE HAVE MORE? OH, DO WE HAVE MORE SPEAKERS CHAIR, MR. RIVER? I BELIEVE WE DO. UM, IF A, UM, [01:00:01] SO IF THE, UH, COMMISSION HAS A QUESTION, UH, YOU CAN CERTAINLY POSE A QUESTION. THEY CAN PROVIDE INFORMATION. GO AHEAD. I'LL GO AHEAD ASK . HELLO, I'M, I'M SUE SPEARS, THE PRESIDENT OF THE BETHANY CEMETERY ASSOCIATION. MA'AM, JUST FOR THE SAKE OF, UM, THE ORDER, I'LL GO AHEAD AND ASK YOU A QUESTION. CAN YOU PLEASE TALK TO US? OKAY. THANK YOU, . OKAY. JUST TO FOLLOW OUR PROCEDURES, BUT I APPRECIATE YOU. THANK YOU. OKAY. YOU HAD QUESTIONS? THE QUESTION IS, YOU CAN SHARE WHATEVER YOU ARE GONNA SHARE. OKAY. THAT'S MY QUESTION. I'M JUST, UH, WANNA SAY THAT I'M HERE AND I WAS LISTENING TO, UH, LEAH, UH, BOJO, UH, GO OVER THE BETHANY CEMETERY ONCE, UH, AS FAR AS THE DEVELOPMENT AND ALL OF THAT IS STILL A WORK IN PROGRESS. SO, UH, I DO APPRECIATE THEM COMING TO THE TABLE AND SITTING DOWN WITH US TO MAKE SURE THAT THOSE THINGS ARE COVERED, UH, SO WE CAN PRESERVE AND PROTECT THE CEMETERY. UH, SO AS WE MOVE FORWARD, I'M, I'M JUST, YOU KNOW, GONNA MAKE SURE THAT THE, THOSE THINGS ARE COVERED. THANK YOU. THANK YOU SO MUCH, MA'AM. OKAY. COMMISSIONER MR. MOORE, DID YOU HAVE ANY, I'M SORRY. UM, JUST POINT OF ORDER HERE. WHERE ARE WE IN THE PROCESS? I THOUGHT WE, I STARTED MY Q AND A, SO YOU DID? YEP. WE'VE JUMPED INTO Q AND A. OKAY. I BELIEVE. RIGHT. THESE, WE, I'M SORRY. HELP ME UNDERSTAND, MR. RIVERA CHAIR. COMMISSIONER LAY, YOU'RE STILL IN THE, UH, PUBLIC HEARING, UH, SECTION AND I BELIEVE THERE'S A QUESTION OF, UH, UH, PUBLIC, UH, SPEAKERS. WE CAN CLOSE THE PUBLIC HEARING. GOT IT. YEAH. I WANTED TO. SO SHOULD WE CLOSE, WE SHOULD CLOSE THE PUBLIC HEARING BEFORE WE GO INTO OTHER FOLKS SPEAKING AS WELL. CHAIR, THAT CONCLUDES THE SPEAKERS ON THIS ITEM. YOU CAN, UH, CLOSE THE PUBLIC HEARING. YEAH. GOT IT. THANK YOU. OKAY. I'LL GO AHEAD AND MAKE A MOTION TO CLOSE THE PUBLIC HEARING. ALL RIGHT. DO WE HAVE A SECOND, UH, COMMISSIONER, UM, MAXWELL. AND THEN ANY OPPOSITION TO CLOSING THE PUBLIC HEARING? SEEING NONE NOW LET'S GO AHEAD AND MOVE INTO Q AND A. UH, COMMISSIONER ZA, YOU WANNA START US OFF? UM, I BELIEVE MR. MOORE, MR. MOORE, CAN I ASK YOU TO COME UP AND SPEAK A LITTLE BIT ABOUT THE WORK THAT Y'ALL HAVE DONE ON THIS AS WELL? UM, I'M CHAZ MOORE, FOUNDER AND, UM, NOW CO-ED OF THE AUSTIN JUSTICE COALITION, UH, LOCAL ADVOCACY GROUP HERE IN AUSTIN. UM, I, I DON'T HAVE MUCH MORE TO ADD, ESPECIALLY SINCE, UM, UM, ALEXANDRIA CAME UP IN A MORE, I, I WOULD CONSIDER POSITIVE WAY TODAY? UM, I THINK, I THINK, UM, I THINK LEAH AND TAMARIA HAVE BEEN DOING A REALLY GOOD JOB OF WORKING WITH THE NEIGHBORHOOD ASSOCIATION, UM, TO MAKE SURE THAT THE NEIGHBORHOOD ASSOCIATION CAN GET AS MUCH OF, AS MUCH OF THE THINGS POSSIBLE, UM, UM, BEFORE DEVELOPMENT STARTS. UM, YOU KNOW, I, AND, AND I'LL SAY THIS BECAUSE I'M TIRED, AND, UM, IN EIGHT YEARS OF DOING THIS, I'VE NEVER, UM, CAME TO THE PLANNING COMMISSION AND I DIDN'T WANT TO COME TO ONE. BUT HERE WE ARE. UM, I, YOU KNOW, I, I'M HERE BECAUSE OF MS. SUE SPEARS. UM, YOU KNOW, FOR 30 YEARS, THIS WOMAN, THIS BLACK WOMAN, HAS BEEN THE STEWARD OF, UM, THE, THE FAMILIES THAT ARE OFTEN FORGOTTEN ABOUT, UM, THAT ARE NOT CHECKED ON, THAT ARE NOT KEPT UP, UM, FOR 30 YEARS. SHE'S, SHE'S WATCHED, UM, THE, THE BURIAL GROUND OF WHERE PEOPLE THAT LOOK LIKE ME, UM, FORMER SLAVES, BUFFALO SOLDIERS, UM, WHERE THEY LIE AND WHERE THEY REST. UM, I DON'T KNOW ALL THE LINGO AND ALL THE PLANNING COMMISSION, ALL THE ZONING TALK, THE WTF AND THE BFDS. UM, BUT, BUT I'M, I'M HERE AS A PERSON, UM, THAT IF THE ONLY THING I CAN OFFER, UM, IS, IS THIS, I WILL, UM, SOMEBODY THAT I, I REALLY LOVE AND ADMIRE TODAY POSTED ON SOCIAL MEDIA, UM, MY HEART IS FILLED WITH THINGS THAT DOESN'T CONCERN YOU. UM, AND AS A BLACK PERSON IN THIS CITY, UM, I OFTEN, UM, VERY MUCH SO, UM, IN A VERY LY TOXIC WAY, OR I'M OVERLY CONCERNED WITH THE STATUS OF BLACK LIFE IN THIS CITY. UM, LAST NIGHT I WAS SMOKING CIGARS AND I WAS TALKING TO SOME OLDER GENTLEMEN ABOUT, UM, HOW THEY HAD THE PRIVILEGE TO GO TO AFRICA, AND WHEN THEY GOT OFF THE PLANE, THEY HAD GOOSEBUMPS, UM, LIKE THIS IS FEELING OF RECONNECTION TO THE LAND. UM, AND, YOU KNOW, WE, WE WERE SMOKING AND THEY TALKED ABOUT HOW THEY NEVER FEEL THIS WAY HERE. UM, GRANTED, WE ARE NOT GONNA FIX ALL THE ISSUES OF, OF WHY I DON'T FEEL THAT WAY, WHY BLACK PEOPLE, SOME BLACK PEOPLE MAY NOT FEEL THAT WAY IN THIS CITY. UM, BUT I WOULD LIKE TO IMAGINE, UM, THAT THE LEAST WE CAN DO IS MAKE SURE THAT OUR, OUR DECEASED, UM, CAN REST IN PEACE, RIGHT? LIKE, UM, DO I HAVE MY OWN QUARRELS ABOUT WHY THIS DEVELOPMENT IS BEING BUILT ON [01:05:01] THE EAST SIDE TO CONTRIBUTE TO MORE OF EAST SIDE DEVELOPMENT WHEN WE HAVE, UM, NOT AT ALL TO MY KNOWLEDGE, OR VERY LITTLE BUILT ANYTHING WEST OF 35, UM, THAT'S A CONVERSATION FOR ANOTHER DAY. UM, AND I, I KNOW WE NEED HOUSING, BUT IT IS ALWAYS ON THE EAST SIDE. IT SEEMS TO ALWAYS BE WHERE THE BLACK PEOPLE WERE, WHERE THE BLACK PEOPLE ARE. UH, WE ALWAYS BE, WE ALWAYS SEEM TO FIND HOUSING WHERE, UM, PEOPLE THAT LOOK LIKE ME RESIDE, UM, AND NEVER ANYWHERE ELSE IN THE CITY. UM, BUT, YOU KNOW, I, I WOULD LIKE TO IMAGINE THAT IN A CITY, UM, THAT ONE, WHEN I CAME HERE, WE WERE ABOUT 9% BLACK, AND NOW WE'RE ABOUT 5% BLACK. UM, AND THERE DOESN'T SEEM TO BE ANY, UM, LEADERSHIP IN, IN, IN, IN RAISING THAT NUMBER. UM, THERE DOESN'T SEEM TO BE ANY CONCERN, UM, FROM THE MASSES ABOUT THE QUALITY OF BLACK LIFE IN THE CITY. THE VERY LEAST WE CAN DO, UM, IS GIVE MS. SUE SPEARS AND THE FAMILIES OF THOSE PEOPLE AND OUR ANCESTORS IN THAT BURIAL GROUND. UM, NOT ONLY THE RESOURCES NEEDED TO UPKEEP AND MAINTAIN, UM, THIS BURIAL GROUND, WHICH IS LITERALLY CREATED BECAUSE RACISM AND HATRED IS SO DEEP THAT WE CAN EVEN BE BURIED WITH OTHER HUMAN PEOPLE THAT LOOK, THAT DIDN'T LOOK LIKE US. UM, SO, YOU KNOW, I I JUST HOPE WE CAN DISRESPECT THAT. UM, YOU KNOW, I, IT'S, IT SEEMS CRAZY TO ME THAT WE EVEN HAVE TO HAVE THESE DISCUSSIONS, BUT, UM, IT'S IMPORTANT, YOU KNOW, UM, IT'S JUST LIKE IF, IF BLACK PEOPLE WON'T BE HERE IN FIVE YEARS DUE TO GENTRIFICATION IN A, IN AN ONGOING AND GROWING, UM, IDIOCRACY MOVEMENT IN THIS COUNTRY, UM, AGAIN, THE LEAST WE CAN DO IS, IS PAY RESPECTS AND PROTECT THOSE THAT ARE NO LONGER WITH US. SO, UM, MR. MOORE, IN, IN THE WORDS OF TOM HANKS IN 1994, I KNOW I'M, I'M TIRED AND I'M GOING HOME , UM, IN MY LAST TWO SECONDS, I'M JUST GONNA, UH, THANK YOU MS. SPEAR FOR THE WORK THAT YOU HAVE DONE AND WORKING WITH THE APPLICANT ON RESOLVING A LOT OF THESE ISSUES, AND THANK YOU THE APPLICANT FOR WORKING WITH THE NEIGHBORHOOD ON RESOLVING SOME OF THOSE THANK Y'ALL. RIGHT. COMMISSIONERS, UH, ADDITIONAL QUESTIONS, UM, MR. CONLEY, AND THEN I, I HAVE A, A FEW MORE QUESTIONS FOR MS. SPEARS. I JUST, SORRY TO MAKE YOU GET BACK UP, BUT JUST, UM, I THINK WE'VE HEARD FROM A NUMBER OF FOLKS DEEPLY CONCERNED ABOUT, UM, PROTECTING AND MAINTAINING, UH, THE EXISTING CEMETERY, BUT ALSO ABOUT MAKING SURE THAT WE'RE NOT BUILDING ANYTHING OVER POTENTIALLY WHAT MIGHT BE ANY UNMARKED OR UNKNOWN GRAVES THAT ARE ON THE OTHER SIDES IN THE ADJACENT LOTS. AND SO I, I SEE THAT THERE'S BEEN SOME PIECES IN THE DRAFT OF A RESTRICTIVE COVENANT THAT HAS NOT YET BEEN SIGNED. UM, BUT LEAH TOLD US A LITTLE BIT ABOUT THAT TODAY, AND I WAS WONDERING, DO YOU BELIEVE THAT SPECIFICALLY, JUST FROM THE POINT OF VIEW OF IDENTIFYING AND MAKING SURE THAT WE FIND ANY POTENTIAL GRAVES IN THE ADJACENT LOTS THAT WHAT IS AGREED TO IN THE RESTRICTIVE COVENANT, IF, IF IT IS AGREED TO, UM, THAT WHAT IS IN THERE WILL HELP US FIND THAT AND WE'LL TAKE CARE OF, OF THOSE CONCERNS? UH, THAT IS WHAT I'M HOPING. UH, WE DO HAVE A PLAN, UH, CLEANUP ON OCTOBER THE 21ST, WHICH WE'LL, WE'LL GO OUT AND WE'LL TRY TO CLEAN OFF MORE OF THE LAND SO WE CAN HOPEFULLY IDENTIFY WHERE THERE MAY BE SOME GRAVES THAT ARE UNMARKED, AND THAT'S WHAT WE WILL POINT OUT TO THE PEOPLE THAT COME OUT TO DO THE SCRAPE. AND SO IT IS MY HOPE THAT AT THAT TIME WE WILL BE ABLE TO, UH, DISTINGUISH, UH, YOU KNOW, GRAVES THAT ARE NOT MARKED. AND WOULD YOU SPEAK A LITTLE BIT MORE TO JUST WHAT ARE THE ONGOING NEEDS OF THE CEMETERY AND WHAT THE CEMETERY HAS BEEN LOOKING FOR IN, IN, IN THIS CONVERSATION SPECIFICALLY? UH, WELL OVER THE 30 YEARS THAT I'VE BEEN, UH, DOING THIS, IT'S ALWAYS MAINTENANCE. THAT'S ONE OF THE BIG THINGS IS KEEPING IT, YOU KNOW, FROM BEING OVERGROWN AND CUT. OF COURSE WE HAVE VANDALISM WHERE SOME OF THE STONES HAVE EITHER BEEN, UH, DAMAGED OR STOLEN. SO THAT'S ANOTHER BIG THING THAT WE'VE BEEN WORKING ON, IS TO GET PEOPLE OUT THAT CAN HELP, UH, YOU KNOW, FIX THE STONES AND IDENTIFY THE STONES. AND ALSO TO RECORD THE STORIES THAT ARE IN BETHANY BECAUSE EACH STONE HAS A STORY AND, UH, WE ARE FINDING OUT A LOT OF GREAT INFORMATION AND STORIES ABOUT THE PEOPLE THAT ARE BURIED THERE AND THEIR FAMILIES. SO THAT IS, UM, UH, REALLY IMPORTANT TO ME THAT THEIR STORIES BE RECORDED, ESPECIALLY IN A TIME WHERE BLACK HISTORY IS BEING REWRITTEN OR ERASED IN THIS, IN THIS CITY AND IN THIS NATION. SO THAT'S, THAT'S REAL IMPORTANT TO ME. BUT, UH, ONE OF THE BIG THINGS IS, LIKE I SAID, IS, UH, THE MA THE ONGOING MAINTENANCE COSTS. AND RIGHT NOW, AND FOR THE LAST 30 YEARS, IT'S JUST BEEN, YOU KNOW, ME BEGGING PEOPLE TO COME OUT [01:10:01] AND HELP ME TO CLEAN. AND OF COURSE MY FAMILY HAS BEEN VERY SUPPORTIVE OF THAT, AND THEY HELPED ME. SO IT'S, UH, A LITTLE OVER SIX ACRES. SO THAT'S QUITE A BIT. AND WHEN I CAN MANAGE TO GET ENOUGH DONATIONS TO GET IT CUT, YOU KNOW, IT, IT'S EXPENSIVE. SO, UM, THAT'S ONE OF THE BIG THINGS. UM, AND, UH, WHAT YOU'VE SEEN SO FAR IN THE RESTRICTIVE COVENANT, DOES IT ADDRESS SOME OF THE IMMEDIATE CONCERNS THAT THE CEMETERY HAS OR ARE THERE THINGS THAT YOU FIND THAT STILL NEED TO BE ADDRESSED? WELL, IT ADDRESSES, UH, THE, SOME OF THE SPECIFIC THINGS AND SOME OF THE THINGS THAT WE HAD ON OUR LIST. HOPEFULLY THE, UM, WITH SOME TYPE OF ENDOWMENT FROM THE DEVELOPER, THOSE THINGS CAN ALSO BE COVERED. OKAY. ALRIGHT. THANK YOU. THANK YOU SO MUCH. THANK YOU FOR YOUR HARD WORK AND APPRECIATE YOUR STEWARDSHIP OF THIS IMPORTANT SPACE. UM, I HAVE A, A A QUICK QUESTION FOR THE APPLICANT AS WELL. UM, IT, IT, I MIGHT RUN OUT OF TIME HERE, BUT, UH, COULD YOU JUST SPEAK A LITTLE BIT TO THIS RESTRICTIVE COVENANT? I KNOW THAT YOU KIND OF ALREADY WALKED US THROUGH THE KEY PARTS THAT ARE IN THERE. YES. UM, AND ANY PARTS THAT MIGHT, MIGHT NOT, UM, BE IN THERE OR THAT REQUIRE ONGOING CONVERSATION, WHAT DOES THAT LOOK LIKE? ARE WE NEAR A PLACE WHERE THERE'S AGREEMENT? I THINK WE'RE, I THINK WE'RE NEAR A PLACE THAT WHERE THERE'S AGREEMENT, UM, CERTAINLY, YOU KNOW, WE HAVE TIME BEFORE WE GET TO COUNCIL IF THERE ARE ANY OTHER LOOSE ENDS THAT NEED TO BE TIED UP. UM, I THINK THE, THE MAIN THINGS THAT WE NEED TO ADDRESS THAT WE CAN'T PUT IN THE COVENANT, UM, WHICH WE'RE TALKING TO COUNCIL MEMBER HARPER MADISON'S OFFICE ABOUT ARE, UM, CAMERAS AND LIGHTS IN THE CEMETERY. THERE'S NO ELECTRICITY OR DATA TO THE CEMETERY ITSELF AND THEIR LIABILITY ISSUES WITH DOING IT ACROSS PROPERTY LINES. SO WE HAVE BEEN WORKING WITH HARPER MADISON'S OFFICE ON POTENTIALLY THE CITY PROVIDING THAT, UM, THOSE COMPONENTS SO THAT THEY CAN GET THOSE ADDITIONAL THINGS THAT WE CAN'T HELP WITH. BUT, BUT YES, I THINK WE'RE GONNA GET THERE ON THAT TOO. OKAY. WELL THANK YOU. THANK YOU FOR YOUR GOOD FAITH EFFORTS AROUND THIS CONVERSATION. ALRIGHT. UM, JUST CHECKING OUT. VICE CHAIR, DID YOU HAVE YOUR HAND UP? MAYBE US VICE CHAIR. I DIDN'T KNOW IF YOU HAD YOUR HAND UP EARLIER. I DID NOT, NO. OKAY. ALRIGHT. COMMISSIONER ANDERSON, YOU'RE NEXT. THANK YOU. CHAIR. I CAN'T HELP BUT TO NOTICE SOME YOUNG PEOPLE IN THE AUDIENCE PAYING CLOSE ATTENTION TO THIS ITEM. AND I WAS JUST CURIOUS IF ANY OF YOU WANNA COME UP AND SHARE YOUR THOUGHTS OR JUST SAY HI, IF YOU WOULD JUST INTRODUCE YOURSELF AND SHARE WHAT WOULD BE, SHARE WHATEVER'S ON YOUR MIND. HI, MY NAME IS BRANDON. MY DAD'S BRINGING ME OUT THERE. I CUT GRASS AND REALLY THAT'S IT. . COOL. THANKS FOR COMING OUT. THANKS. THANK YOU. THANKS SIR. SURE. UM, ANYONE ELSE? QUESTIONS? ALL RIGHT. I'M NOT SEEING, OH, WE HAVE ANOTHER SPEAKER. I GUESS YOU STILL HAVE TIME. COMMISSIONER ANDERSON. MY NAME IS AMARI AND I'M, I LIKE DOING YOGA WITH MY MOM. I HAVE TWO MORE MINUTES IF ANYONE ELSE WANTS TO COME DOWN. YOU SAY HI, . OKAY. THANK YOU, CHAIR. OKAY. I DO HAVE A FEW QUESTIONS. UM, I GUESS APPLICANT, IF YOU COULD, WHAT WAS THE, UH, WIDTH OF THAT SCRAPE AGAIN? I THINK YOU MENTIONED IT. YES. 25 FEET AROUND THE ENTIRE BOUNDARY. AND I THINK I HEARD THAT, UM, UH, MS. BELINDA SIMKINS WAS WANTING TO BE THERE. YES. IS THAT DURING THE SCRAPE? WE HAVE BEEN IN TOUCH ABOUT THAT. OKAY. ABOUT HER COMING OUT WHEN WE DO THE WALK WITH THE ARCHEOLOGIST BEFORE THE SCRAPE. OKAY. UM, TO IDENTIFY PLACES WHERE FOLKS THINK THERE MAY BE, WE SHOULD TAKE AN EXTRA LOOK. OKAY. AND THEN DURING THE ACTUAL PROJECT, I'M A LITTLE, WHAT I MEAN EXCAVATION IS THE LOT ARCHEOLOGISTS THERE? YES. ON SITE DURING THAT, THE EXCAVATION OF THAT AREA, THE SCRAPE OR THE EXCAVATION FOR THE BUILDING, UM, THEY WOULD BE ON SITE FOR THE WALK, THEY WOULD BE ON SITE FOR THE SCRAPE, AND THEN THEY WOULD ALSO BE MONITORING THE EXCAVATION OF THAT PORTION OF THE SITE IS OKAY. IS, UH, THE, IN THE SCRAPE AREA? YES. OKAY. BUT NOT OTHER AREAS WITHIN THE CENTER OF THE PROPERTY, JUST THE SCRAPE AREA? NO, THE TEXAS HISTORICAL SOCIETY SAID 25 FEET WAS A OKAY. A GOOD BEST PRACTICE. ALL RIGHT. I WAS JUST [01:15:01] TRYING TO UNDERSTAND THAT. OF COURSE. AND, UM, THAT'S IT, THAT'S ALL THE QUESTIONS I HAVE THERE. ALL. OKAY. ANYONE ELSE? ALL RIGHT. DO WE HAVE A MOTION? ANYONE? COME ON. NOT BE SHY. H I . ALL RIGHT. ITEM 25. UM, I'M GONNA GO AHEAD AND MOVE A MOTION FOR STAFF RECOMMENDATION. DO I HAVE A SECOND? I'LL GO AHEAD AND SECOND. ALL RIGHT. HAVE A SECOND BY COMMISSIONER ZA. UM, DO YOU WANT, UH, DO YOU WANNA SPEAK TO A SECOND? I'LL, YES, BUT DO YOU WANNA NO, GO AHEAD. UM, THANK YOU CHAIR FOR GIVING ME THE OPPORTUNITY. I JUST WANNA SPEAK TO YOU AND I DO APPRECIATE THE APPLICANT AND OTHERS, UM, HELPING PROVIDE GUIDANCE IN THIS MEETING. AND BEFORE AS WELL. I DO REALLY WANNA APPRECIATE THE EFFORTS OF MS. SPEARS AND SO MANY OF HER NEIGHBORS AND FOLKS WHO HAVE WORKED SO HARD AND WHOSE FAMILY IS THERE, AND FOR Y'ALL WORKING CLOSELY TO FIGURE OUT WHAT IS THE WAY FORWARD IN DOING THOSE THINGS. AND OF COURSE, I WANNA THANK THE APPLICANT FOR BEING ABLE TO ACCOMMODATE A LOT OF THOSE THINGS AS WELL SO THAT WE CAN MOVE FORWARD. BECAUSE THE IDEA HERE IS, AGAIN, I THINK THIS SORT OF CAME UP IN THIS SPEAKING TODAY, WE OF COURSE ALL WANT TO, YOU KNOW, HAVE MORE HOUSING IN THIS CITY, MORE AFFORDABLE HOUSING IN THIS CITY FOR MORE PEOPLE, BUT HOW DO WE ALSO DO IT BY RESPECTING THE PAST, RESPECTING THE PEOPLE AND THE WORK THAT THEY'VE, UM, PUT IN AND THE LIVES THAT THEY'VE LIVED HERE, AND HOW DO WE SORT OF MOVE FORWARD WITH THAT? AND HOPEFULLY THERE'S SPACE HERE TO RESOLVE SOME OF THOSE THINGS. IT SEEMS LIKE THERE'S A FEW THINGS THAT HAVE TO BE OUTLINED AND CONSIDERED AS THIS GOES TO COUNSEL AND HOPEFULLY THOSE THINGS CAN BE RESOLVED AS WELL. BUT I, UM, DO THINK THAT WE'RE AT A PLACE WHERE WE CAN MOVE FORWARD WITH THIS CASE IN A WAY THAT ALLOWS, UM, US TO RESPECT THE PAST WHILE MOVING AHEAD. THANK YOU, CHAIR. ALRIGHT, IS ANYONE SPEAKING AGAINST THIS ITEM? UM, GO AHEAD, COMMISSIONER CONLEY. UM, I'M REALLY NOT SPEAKING AGAINST IT, BUT SORT OF AGAINST IT , UM, BUT NOT, UM, MY, I AM GOING TO BE ABSTAINING. I WON'T BE VOTING FOR THIS FOR REASONS I ALREADY NOTED AT THE BEGINNING OF THE MEETING. I DO WANNA, HOWEVER, MAKE A FEW REMARKS. I THINK, UM, THERE HAS BEEN TREMENDOUS WORK ON THE PART OF THE APPLICANT TO SIT DOWN AND UNDERSTAND WHAT SOME OF THE NEEDS ARE FOR THE CEMETERY. I THINK FOLKS IN THE COMMUNITY ARE, UM, VERY JUSTIFIED IN BEING CONCERNED BECAUSE OF THE SENSITIVITY OF THIS SITE AND THE POTENTIAL FOR THE DISCOVERY OF UNMARKED OR UNKNOWN GRAVES. UM, I THINK WE HAVE A LOT OF PROGRESS TOWARDS A RESTRICTIVE COVENANT THAT REALLY ADDRESSES THOSE CONCERNS. HOWEVER, THERE ARE STILL SOME THINGS THAT NEED TO BE FLESHED OUT. UM, THERE ARE SOME THINGS THAT REQUIRE ONGOING WORK. AND SO I JUST HOPE, UM, THIS IS MORE AN APPEAL, UM, TO COUNCIL, UM, AND ALSO TO PAR AND OTHER PARTIES INVOLVED IN THIS CONVERSATION, THAT THE WORK CONTINUES BETWEEN NOW AND COUNCIL. AND THAT REGARDLESS OF WHAT HAPPENS HERE TODAY, THAT THIS IS NOT THE END OF THIS CONVERSATION BECAUSE, UM, THERE'S STILL A LOT OF WORK THAT NEEDS TO BE DONE TO GET THIS TO A PLACE, UM, WHERE, WHERE WE CAN REALLY ASSURE THE COMMUNITY, UM, THAT, THAT THEIR NEEDS ARE BEING MET AND THAT THE CEMETERY WILL BE PROTECTED MOVING FORWARD. SO I JUST WANTED TO MAKE THOSE STATE THOSE. ALRIGHT, THANK YOU. UM, ANYONE ELSE SPEAKING FOR OR AGAINST THIS ITEM? OKAY, LET'S GO AHEAD AND TAKE A VOTE. I'LL GO AHEAD AND TAKE, UH, HANDS ON THIS ONE. SO THOSE IN FAVOR OF THIS MOTION ON THE DAAS, UH, GO AHEAD AND RAISE YOUR HAND. ALL RIGHT. AND, UH, THOSE IN FAVOR OF THIS IUM, UH, VIRTUALLY, UH, SHOW ME YOUR GREEN. ALL RIGHT, SO THAT PASSES WITH A SINGLE ABSTENTION BY COMMISSIONER CONLEY, UH, AND NONE, NO VOTING AGAINST. ALL RIGHT. UM, LET'S GO AHEAD AND MOVE ON. THANK YOU VERY MUCH, UH, FOR THOSE THAT CAME, WE'RE, UH, THE VIRUS HAS KIND OF LIMITED OUR ATTENDANCE AND IT'S GOOD TO SEE WE HAVE A MUCH FULLER HOUSE AND PEOPLE INTERESTED IN WHAT WE'RE DOING HERE THIS EVENING. SO I VERY APPRECIATE YOU COMING OUT IN FOREST THIS EVENING. UH, APPRECIATE IT. ALRIGHT, UH, COMMISSIONERS, WE'RE GONNA GO AND MOVE TO, UM, ITEM 27. UM, LET'S DO A TIME CHECK HERE. YEAH, LET'S SEE IF WE CAN GET THROUGH THIS ONE AND THEN WE'LL TAKE A BREAK. UM, SO ITEM 27, [27. Site Plan- EV Variance: SP-2021-0091C - Oltorf Site Plan; District 3] UH, WE'LL GO AND THIS IS THE ALTOR SITE PLAN, UM, SITE PLAN, EV VARIANCE. IF STAFF WANNA GIVE US YOUR UPDATE. CAN YOU BRING UP? [01:20:08] THANK YOU. GOOD EVENING. MY NAME IS MIKE MCDOUGALL, ENVIRONMENTAL POLICY PROGRAM MANAGER, THE DEVELOPMENT SERVICES DEPARTMENT. UH, THE PROJECT IS ALTOR SITE PLAN 4 5 4 4 EAST ALTOR, SS P 20 21 0 0 91 C IS THE CASE NUMBER. SO, UH, YOU'VE PROBABLY SEEN SOME OF THESE SLIDES BEFORE THE PROPERTIES IN THE COUNTRY CLUB. WEST WATERSHED. IT'S CLASSIFIED AS A SUBURBAN WATERSHED. IT'S IN THE DESIRED DEVELOPMENT ZONE, AND IT'S NOT LOCATED OVER THE EDWARDS AQUIFER RECHARGE ZONE. AND THAT'S THE PROPERTY THERE, JUST NORTH OF THAT INTERSECTION OF ULT WHARF AND WICKERSHAM. AND IN SUMMARY, IT'S A 1.96 ACRES SITE LOCATED AT THE INTERSECTION OF EAST UL TORF FROM WICKERS SHAM LANE. AND THE ELEVATION RANGES ON SITE FROM ABOUT 558 FEET, UH, ALONG WICKERS SHAM TO 520 FEET IN THE WEST, SO ABOUT ALMOST 40 FEET OF, UH, FALL ACROSS THE PROPERTY. UM, THAT'S RELEVANT BECAUSE, UH, WHEN THERE'S A LOT OF, UH, TOPOGRAPHIC CHANGE ON OUR PROPERTY GRADING, UM, CAN BE NECESSARY TO MAKE THE SITE, UH, BUILDABLE AND ALSO, UM, TO MEET A D A REQUIREMENTS. AND THEN WE ALSO RUN INTO CONSTRUCTION AND SLOPES REQUIREMENTS IN THE LAND DEVELOPMENT CODE. AND THOSE CONSTRUCTION AND SLOPES REQUIREMENTS ARE BASED ON EXISTING CONTOURS, NOT BASED ON PROPOSED CONTOURS. AND SO, UH, ACCESSIBILITY REGULATIONS AND DRAINAGE FLOWS. UM, NECESSITATE GRADING ON THE PROPERTY, UH, THE LOWEST POINT OF THE SITE HAS TO BE RAISED TO 552 FEET. AND AUSTIN COMMERCIAL ZION STANDARD ORDINANCES REQUIRE OLTORF, UH, SORRY, REQUIRE ACCESS TO OLTORF ACROSS AN EXISTING SLOPE OF GREATER THAN 15%. UM, SUMMARY HISTORY. THE PROJECT WAS PRESENTED PREVIOUSLY TO ZAP, AND THE RECOMMENDATION WAS TO REDESIGN THE PROJECT. THE APPLICANT HAS REDESIGNED THE PROJECT, THE VARIANCE REQUESTS ARE UNAFFECTED BY THE REDESIGN. THAT IS, THERE ARE THREE VARIANCE REQUESTS. THE FIRST ONE IS TO ALLOW DRIVEWAYS AND SLOPES OVER 15% PER 25 8 3 0 3 0 1 A, SORRY, 3 0 1 TO ALLOW CUT UP TO EIGHT FEET PER 25 8 3 41, AND TO ALLOW FILL UP TO 25 FEET, SORRY, 20.5 FEET PER L D C 25 8 3 42. AND SO THIS IS THE REDESIGN SITE. AND SO WHAT I WAS TALKING ABOUT, THE STEEP SLOPES, THESE ARE THE SLOPES BASED ON EXISTING CONDITIONS. SO THE YELLOW IS SLOPES FROM ZERO TO 15%, THE GREEN IS 15 TO 25, AND THE BLUE IS OVER 25%. SO YOU CAN SEE THE DRIVEWAY COMING OFF OF UL TORF, UM, GOES OVER OR CROSSES OVER SLOPES IN EXCESS OF 15%. THAT IS NOT ALLOWED IN THE LAND DEVELOPMENT CODE. AND SO THE APPLICANT NEEDS TO ASK FOR A VARIANCE FOR THAT DRIVEWAY. THE FIRST THING, UH, THE ENVIRONMENTAL STAFF HAD ASKED THE APPLICANT WAS, CAN YOU JUST MOVE THE DRIVEWAY WHERE THERE AREN'T STEEP SLOPES AND THAT WOULD BE COMPLIANT? AND THE APPLICANT RESPONDED WITH, NO, THE COMMERCIAL ZION STANDARDS REQUIRE US TO PUT BUILDING FRONTAGE ALONG THE ROAD, AND WE CAN'T FLIP FLOP THE BUILDING IN THE DRIVEWAY ON EAST SOUL TORF BECAUSE WE'D BE TOO CLOSE TO THE INTERSECTION. SO, SO THERE'S, UM, I WOULD CHARACTERIZE IT AS SOMEWHAT CONTRADICTORY DESIGN REQUIREMENTS. THE DESIGN REQUIREMENTS HAVE A PURPOSE, BUT THEY'RE INCOMPATIBLE DESIGN REQUIREMENTS. SO THE APPLICANT IS ASKING FOR A DRIVEWAY ON SLOPES ARE A 15% VARIANCE, AND THE SECOND ITEM IS GRATING. UM, AND SO THE BLUE AND THE ORANGE ARE GRADING UP TO, OR SORRY, CUT UP TO EIGHT FEET. AND THE GREEN, THE PINK AND THE BRONZY COLOR ARE FILL UP TO 20.5 FEET. AND SO YOU CAN SEE THERE'S A, UM, A LITTLE BIT OF CUT, UH, JUST ABOVE THE WORD EAST ON L TORF, THE ORANGE. UM, AND, UM, AND THEN THERE'S A, THAT'S, THAT'S THE CUT FROM FOUR TO EIGHT FEET. AND THERE'S FILL FROM FOUR TO EIGHT FEET, THE BLUE AREA. AND THEN AS WE GO TOWARDS THE NORTH OF THE PROPERTY, THERE'S MORE AND MORE FILL, AND THAT'S TO LEVEL OFF THE PROPERTY TO MAKE IT BUILDABLE AND ALSO COMPLY WITH THE A D A REQUIREMENTS. AND SO, UM, STAFF DOES RECOMMEND THE VARIANCE, HAVING DETERMINED THAT THE RE THE REQUIRED FINDINGS OF FACT HAVE BEEN MET. AND STAFF ALSO RECOMMENDS AND SUPPORTS THE FOLLOWING CONDITIONS IN ACCORDANCE, UH, UH, WITH THE APPROVED VARIANCE EXHIBITS, BUT PROVIDE EIGHT ADDITIONAL TREES AT THREE CALIPER INCHES ON SITE AND PROVIDE STRUCTURAL CONTAINMENT OF FILL WITH RETAINING WALLS. AND THEN THIS IS THE MOTION FROM THE ENVIRONMENTAL COMMISSION BACK FROM DECEMBER. UM, AGAIN, YOU SEE THE STAFF CONDITIONS ON THE LEFT SIDE, UH, IN, IN, IN THE PINK BOX. STAFF CONDITIONS PROVIDE ADDITIONAL TREES, UH, PROVIDE STRUCTURAL CONTAINMENT OF FILL. AND THEN THERE WERE ENVIRONMENTAL COM COMMISSION CONDITIONS AS WELL. THEY PLACED ON HERE WHEN THEY VOTED, WHICH WAS RECOMMEND THE USE OF DARK SKIES LIGHTING THAT CAST DOWN TO REDUCE LIGHT EMITTING INTO THE ADJACENT PROPERTIES, INCLUDING THE LIGHTING FOR BUSINESS SIGNAGE, MINIMIZE LIGHTING DURING NON-BUSINESS HOURS WHILE STILL MEETING SAFETY NEEDS. NUMBER TWO, REVIEW SITE WITH STAFF TO SEE IF THERE'S SPACE TO ADD ADDITIONAL TREES. NUMBER THREE, CONSIDER INSTALLING ELECTRICAL VEHICLE CHARGING SPACES FOR EMPLOYEES OR A BUSINESS OPPORTUNITY FOR THE CONVENIENCE STORE PROPRIETOR. NUMBER FOUR, INSTALL RECYCLING STATIONS FOR PATRONS AND BUSINESSES ON THE PROPERTY. FOLLOW ALL COMMERCIAL RECYCLING REQUIREMENTS. NUMBER FIVE, TOP OF PAGE TWO, CONSIDER ADDING NATIVE POLLINATOR FRIENDLY PLANTS. NUMBER SIX, PROHIBIT GASOLINE SALES OR GAS STATION BUSINESS ON THE PROPERTY. AND THE VOTE WAS, UH, SEVEN, UH, [01:25:01] IN FAVOR OF THE VARIANCES AND TWO AGAINST THE VARIANCES. AND WITH THAT, I HAVE JUST A COUPLE MORE SLIDES JUST TO GIVE YOU THE BACKSTORY. UH, ON THE LEFT, THIS IS THE, UH, THE CONSTRUCTION ON, EXCUSE ME, THIS IS THE, THE GRADING EXHIBIT. THE SLIDE ON THE LEFT IS YOUR, IS THE PRIOR DESIGN. AND THE SLIDE ON THE RIGHT IS THE REDESIGN THAT THE APPLICANT IS NOW PROPOSING BASED ON THE ZONING AND PLATTING COMMISSION'S. PRIOR, UM, INSTRUCTIONS, I'M SORRY, UH, I THINK I GOT THE COMMISSION WRONG. UH, PC I APOLOGIZE FOR THAT. UM, AND THEN, UM, THIS IS THE GRADING EXHIBIT. AND SO THERE AGAIN, YOU CAN SEE ON THE LEFT IS THE PRIOR DESIGN, AND ON THE RIGHT IS THE CURRENT DESIGN. SO THE APPLICANT BASICALLY HAS, UM, SHIFTED, UM, THE BUILDING A LITTLE BIT AND, UM, CONSOLIDATED THE PARKING LOT, THE MAGNITUDE OF THE GRADING, THE FOOTPRINT OF THE GRADING, THE CONSTRUCTION ON SLOPES ARE LARGELY UNCHANGED WITH THIS, UH, REDESIGN. AND WITH THAT, I'M HAPPY TO ANSWER QUESTIONS OR OFFER, UH, ASK THE APPLICANT IF HE HAS A PRESENTATION OR WANTS TO ANSWER ANY QUESTIONS. THANK YOU. THANK YOU, CHAIR. WE'LL NOW HEAR FROM THE APPLICANT, UH, FOR A FIVE MINUTE PRESENTATION. GOOD EVENING. MY NAME'S JIM WHITLOW. I'M HERE FOR ABDUL PATEL, THE PROPERTY OWNER. UH, I DO HAVE A PRESENTATION AS SOON AS THEY PULL IT UP. SO LAST TIME I WAS HERE ON THIS CASE WAS JULY 11TH. AND AS MIKE STATED, UH, THERE WERE SOME THINGS YOU GUYS ASKED US TO DO. AS SOON AS WE GET OUR PRESENTATION PULLED UP, I CAN TALK TO YOU ABOUT IT. THERE WE GO. OKAY. SO, UM, WHEN WE MET WITH THE ATTORNEY AND HER IN HER ENGINEER FOR THE ADJACENT MONACO CONDOMINIUMS, UH, THE ENGINEER'S NAME WAS TONY ISH. WE HAD A VERY PLEASANT AND PRODUCTIVE MEETING WITH HIM. AND, UH, HE MADE THREE DESIGN RECOMMENDATIONS. HE WANTED US TO REDUCE THE DETENTION POND WALL HEIGHT TO THE MINIMUM REQUIREMENT ABOVE THE FULL POND LEVEL. HE WANTED US TO MODIFY THE POND'S OUTFLOW ONTO THE MONACO PROPERTY FROM, UH, CONCENTRATED FLOW TO SHEET FLOW TO PREVENT EROSION. AND HE WANTED US TO CHANGE THE RETAINING WALL DESIGN FROM TWO NINE FOOT WALLS TO THREE SIX FOOT WALLS. SO ALL OF THESE RECOMMENDED CHANGES HAVE BEEN IMPLEMENTED. UH, I'M GONNA WALK YOU THROUGH REAL QUICK A COUPLE OF THESE PLAN SHEETS. THE, THIS IS, UH, UH, THE RETAINING WALL, UH, DESIGN SHEETS. AND AS YOU CAN SEE, THE INFORMATION IN RED, THE POND WALL IS NOW ONLY ONE FOOT ABOVE THE, UH, FULL LEVEL OF THE POND. THE SHEET FLOW DRAINAGE RELEASE HAS BEEN, UH, ADDED, AND THE RED ARROW INDICATES THAT, UH, YOU, YOU, YOU, THIS COMMISSION ASKED US TO MAKE SURE WE HAD A STRUCTURAL ENGINEER SIGN ALL THE, THE WALL PLANS. SO HERE'S ANOTHER WALL PLANT STRUCTURAL ENGINEER, SIGNED IT, ANOTHER ONE. THEY'RE ALL SIGNED BY THE STRUCTURAL ENGINEER. NOW, UH, AFTER, AFTER OUR MEETING WITH TONY SHALE, UM, THE PROPERTY OWNER, ABDUL PATEL, UH, HE, HE KIND OF BLEW MY MIND BECAUSE I'M NOT USED TO GUYS LIKE THAT, JUST SITTING DOWN AND GOING, WOW, IF THIS CONCERNS YOU, I'M JUST GONNA WIPE OUT THIS 3,800 SQUARE FEET AND I'LL MOVE THIS OTHER BUILDING OVER TO THE OVER, UH, AS WAS REQUESTED. SO HERE'S WHAT THE NEW DESIGN LOOKS LIKE, AND IT WAS A LOT MORE FAVORABLE TO THE NEIGHBORHOOD. UM, MIKE MENTIONED THAT THE ENVIRONMENTAL COMMISSION WANTED US TO ADD EIGHT ADDITIONAL TREES. THOSE EIGHT TREES ARE SHOWN IN YELLOW, AND THEY WANTED POLLINATION FRIENDLY PLANTS. AND WE'VE GOT 275 POLLINATION FRIENDLY PLANTS. ONE MORE THING THAT, UH, ABDUL PATEL DID, UH, JUST ON HIS OWN VOLITION IS THE WALL WAS ORIGINALLY A 71 DEGREE WALL. UH, SO IN OTHER WORDS, THE HEIGHT UP, AND THEN THERE WAS A FOUR FOOT SETBACK AND ANOTHER HEIGHT UP, AND HE SAID, LET'S CHANGE IT TO A 45 DEGREE WALL. SO SIX FOOT SECTION. SO THAT'S HOW WE GOT TO ADD THE 275 POLLINATION FRIENDLY PLANTS, BECAUSE HE ADDED MORE, MORE PLANTING DEPTH TO, UH, EACH OF OF THE WALL AREAS. HERE'S, UH, A RENDERING THAT HE HAD DONE OF WHAT THE SITE SHOULD LOOK LIKE, WHAT THE WALL WILL LOOK LIKE, AND, UM, I BELIEVE WE'VE DONE EVERYTHING THAT YOU'VE ASKED US TO DO. WE'VE DONE EVERYTHING THAT THE ADJACENT PROPERTY OWNER ASKED US TO DO, DID EVERYTHING THE COMMISSION ASKED US TO DO. AND MR. PATEL'S [01:30:01] BEEN AT THIS SINCE 2021, AND HE WOULD REALLY LIKE TO GET AN APPROVAL TO THESE VARIANCES. THANK YOU. THANK YOU, CHAIR. WE WILL NOW, UM, HEAR FROM THE OPPOSITION, BEGINNING WITH MS. JENNIFER MARTINEZ. MS. MARTINEZ, YOU'LL HAVE FIVE MINUTES AND WE HAVE A PRESENTATION. HI GUYS. AND, UM, I ACCIDENTALLY MESSED UP THE DATE, SO THAT'S WHY NOT SO MANY OF US ARE HERE. SO I WILL TAKE ACCOUNT ON ACCIDENTALLY PUTTING OCTOBER 11TH INSTEAD OF THE 10TH. UM, BUT, UH, I JUST WANTED TO SAY THAT WE'VE FOUGHT THIS, UH, AND SPENT OVER $20,000 FROM OUR OWN H O A MONEY JUST TO MAKE SURE WE HAVE SAFETY AND MAKE SURE THAT, UM, WE FEEL HEARD FROM THE OTHER SIDE. UH, ALSO, YOU KNOW, WE'RE FINALLY HEARING SOME, SOMETHING ABOUT, YOU KNOW, WHAT ARE WE DOING ABOUT THIS? THEY CHANGED THE PLAN, BUT THE WALLS STILL REMAIN 20 FOOT WALLS. WE DID NOT HEAR ANYTHING ABOUT WHAT THEY'RE DOING ABOUT LIKE, THE WALLS, BUT THEY'RE STILL 20 FOOT. UM, AND THEN YOU CAN GO TO THE NEXT SLIDE, SORRY, OR, OKAY. AND THEN THIS IS WHAT THE CURRENT SETUP IS. WHENEVER WE HAVE THE FOUR TO FIVE FOOT WALLS, WE ACTUALLY HAVE LIKE A GREAT SYSTEM WHERE ALL THE WATER GOES. EVEN WITH THAT WATER STILL SOMETIMES EVEN GO, COMES UP. UM, JUST BECAUSE THERE'S SO MUCH WATER. HOPEFULLY WITH THE NEW PLANTS, THEY DON'T CUT CORNERS BECAUSE SAFETY OF WATER IS A BIG CONCERN AT THIS PROPERTY. THERE'S ALWAYS WATER MOVEMENT. UM, AND YOU CAN SEE THERE WHAT WE'VE TALKED ABOUT BEFORE, THE WALLS WILL BE, UH, REALLY TALL, EVEN IF IT'S AT A, UH, AT AN ANGLE. SO YOU CAN GO TO THE NEXT SLIDE. UH, HERE YOU CAN SEE HOW WE ARE CLOSE. LIKE THIS IS FROM BUILDINGS ONE POINT OF VIEW. LIKE IT'S, YOU'RE GONNA SEE THE POND, UH, THE RETAINING POND RIGHT IN FRONT OF YOU, AND IT'S STILL GONNA BE A REALLY, REALLY TALL, UM, RETENTION WALL, EVEN IF IT'S, YOU KNOW, GRADED. AND I DON'T BELIEVE THAT ONE IS GRADED, BUT THEY CAN ANSWER THAT QUESTION. UM, THAT IS JUST A RETAINING WALL THAT IS RIGHT NEXT TO BUILDING ONE. UM, AND THEN YOU CAN GO TO THE NEXT ONE. UH, THIS IS JUST, THIS JUST HAPPENED OCTOBER 2ND, UH, JUST BECAUSE OF HOW MUCH CLAY SOIL WE HAVE IN THIS AREA. EVERYTHING MOVES. WE HAVE SIDEWALKS THAT ARE LIKE THIS. WE HAVE PIPES BREAKING IS JUST NORMAL WITH THIS AREA. SO IMAGINE HAVING SUCH A BIG STRUCTURE IN FRONT OF US WHERE IT COULD COLLAPSE ONE DAY JUST BECAUSE SOMEONE CUT CORNERS, OR EVEN IF, IF THEY DIDN'T CUT CORNERS. IT'S JUST SUCH A BIG BUILDING THAT POTENTIALLY COULD CAUSE A SAFETY ISSUE. AND, UH, AGAIN, WE, WE, WE PROBABLY SPEND, YOU KNOW, SO MUCH IN JUST REPAIRS AND WE'VE ALSO PUT SO MUCH OF OUR OWN HARDWORKING MONEY, UH, H O A MONEY INTO MAKING SURE THAT THIS IS HEARD FROM YOUR, YOUR GUYS' SIDE. UM, SO I JUST WANNA LIKE, LEAVE IT IN THAT NOTE. UM, JUST WATCH OUT FOR US. WE'RE, WE'VE BEEN ALSO BEING HERE FOR LIKE, THE PAST TWO YEARS, TRYING TO BE HEARD. UM, AND, UM, WE CARE ABOUT THE SAFETY OF OUR COMMUNITY, SO THANK YOU. THANK YOU. WE'LL NOW HEAR FROM MR. IRIS STRANGE, FOLLOWED BY MELLON MAYFIELD. MR. STRANGE. I'LL HAVE THREE MINUTES. THANKS COMMISSIONER, MEN AND MEMBERS. UM, MR. WHITLOW SAYS THAT HE HAS MET WITH OUR LAWYER, AND, UH, I WOULD LIKE TO KNOW WHEN, BECAUSE THEY HAVEN'T SAID ANYTHING TO ME, AND I WAS SUPPOSED TO BE AT THAT MEETING. NUMBER ONE, TWO, MR. MCDOUGALL SAYS THAT, UH, WE, THE ENVI, THE ENVIRONMENTAL PEOPLE APPROVED, UM, THEY WERE UNDER THE OPPRESSION THAT WE APPROVED THE PLAN. WE NEVER DID. WE, IF WE'D HAVE KNOWN ABOUT THE COMMISSION MEETING FOR THE ENVIRONMENTAL PEOPLE, WE WOULD'VE BEEN THERE. UH, SO WE DON'T APPROVE OF ANY OF THIS. IT'S STILL A SAFETY THING. WE DON'T WANT A WALL. UM, THE RETENTION POND, WE WANT IT TO BE, UH, BYPASSED THROUGH THE PROPERTY, THROUGH TUNNELING, NOT A POND OR SMALL POND. UH, SO, UH, WE DO NOT, I MEAN, THIS PLAN, I DON'T KNOW IF THIS IS A NEW PLAN. IT SEEMS LIKE THE SAME PLAN THAT THEY GAVE US, UH, IN THE BEGINNING, UH, MONTHS, PROBABLY MAYBE A YEAR AGO. AND THE ONLY TIME THAT, THAT MR. TIFF AND THE, UH, APPLICANT MET WITH US, [01:35:01] THEY'RE USING THE SAME MEETING SAYING THAT WE MET WITH THEM AND THEY CHANGED IT, BUT WE HAVEN'T MET WITH THEM SINCE. THEY HAVEN'T CAME TO US AND REACHED OUT TO US. UH, SO THIS IS THE FIRST THAT I'VE KNOWN OF ANY OF THIS. UH, I DON'T KNOW WHY HE'S SAYING HE'S MEETING WITH PEOPLE, HE'S NOT. UH, BUT IT'S STILL A SAFETY ISSUE. THE WALL IS STILL THERE. UH, WE KNOW DEVELOPMENT'S GONNA HAPPEN, BUT, UH, WE CAN USE THE GRADING THAT THEY HAVE, UH, INSTEAD OF BUILDING A HUGE WALL. UH, AND, UH, I DON'T WANT THE TRUTH TO BE SKEWED, PERIOD. ENVI, IF WE HAD KNOWN ABOUT THE ENVIRONMENTAL ME ENVIRONMENTAL MEETING, WE WOULD'VE BEEN THERE, BUT WE DIDN'T AND WE DIDN'T APPROVE IT THEN. AND WE DON'T APPROVE IT. THAT. THANK YOU. THANK YOU. WE'LL NOW HEAR FROM MELANIE MAYFIELD, FOLLOWED BY WILL MARTINA. GOOD EVENING. I'M MELIN MAYFIELD. I'M A RESIDENT AT MONACO AND I'M ALSO AN ARCHITECT. AND, UM, I JUST WANNA POINT OUT FROM A HOUSEKEEPING PERSPECTIVE THAT I KNOW I DIDN'T, AND SEVERAL OF MY NEIGHBORS DID NOT RECEIVE MAILERS ABOUT THIS HEARING. WE DID KNOW ABOUT IT BECAUSE WE WERE HERE IN JULY. UM, I DON'T KNOW IF THAT IS STANDARD PRACTICE OR NOT. I EXPECTED TO RECEIVE A MAILER AND DID NOT. UM, I WILL REITERATE THE POINTS THAT MY NEIGHBORS HAVE MENTIONED. WE ARE STILL CONCERNED ABOUT THE HEIGHT. I DO WANT TO ACKNOWLEDGE THE TIERING OF THE WALL IS DIFFERENT THAN THE LAST TIME WE TALKED. IT IS IN THE THREE SECTIONS INSTEAD OF TWO. I DO APPRECIATE THAT FROM THE APPLICANT. I WOULD LIKE TO SEE MORE DISTANCE BETWEEN THOSE TIERS, ESPECIALLY WITH THE CONCERNS OF SOIL AND WATER MANAGEMENT THAT WE HAVE ON THE PROPERTY AND IN THE NEIGHBORHOOD AS A WHOLE. UM, THE HEIGHT, I UNDERSTAND THAT THERE'S A LEVEL, UM, THAT NEEDS TO BE MET TO MAKE THE SITE BUILDABLE, BUT IF THERE'S ANY OTHER WAY TO CREATE THAT SITE WITHOUT EXCEEDING THAT FILL MAXIMUM BY FOUR TO FIVE TIMES, UM, WE WOULD LIKE TO SEE MORE CONCESSIONS IN THAT, UM, WALL SYSTEM AND THE WATER CONTROL AND HOW THAT'S HANDLED. UM, THANK YOU VERY MUCH FOR YOUR TIME, . THANK YOU. WELL, HOW WE'RE HERE FROM MR. FOR YOU HAVE THREE MINUTES. HELLO EVERYONE. I'M WIL MARTINO, AND I'M SO BACK IN JULY, I OPPOSE THIS VARIANCE, AND TODAY I STAND HERE STILL OPPOSING THIS VARIANCE, UM, LIKE SOME OF MY OTHER NEIGHBORS. UM, LACK OF INFORMATION KIND OF GOING INTO THIS. YEAH, JUST BEING REMINDED ABOUT THIS HEARING, SEEING WHAT THE NEW PLANS ARE, COME IN HERE, KIND OF FRESH EYES, SEEING THIS NEW DESIGN FOR THE FIRST TIME AND LIKE HAS BEEN POINTED OUT, IT'S NICE TO SEE AT LEAST A THREE TIER STRUCTURE TO THAT WALL. IT'S NICE TO SEE THAT THERE ARE MORE TREES BEING ADDED, MORE SPACE FOR BIKES, ELECTRONIC VEHICLES, ET CETERA. BUT STILL, THE FUNDAMENTAL CONCERN THAT HAD BACK THEN IS ONE I STILL HAVE TODAY. AND THAT'S WITH THAT, UH, OVER 20 FOOT, UM, FILL IN THERE. AND WE'VE HAD, YOU KNOW, SEVERAL EXAMPLES OF, YOU KNOW, THE COI SOIL AND WATER DAMAGE AND THOSE ISSUES. AND THAT'S STILL SOMETHING THAT I THINK NEEDS TO BE RESOLVED. AND I THINK THERE'S STILL ALTERNATIVE DESIGNS THAT WOULD KIND OF BETTER ACCOMMODATE THAT. SO THANK YOU. I THINK YOU WANT TO HEAR, WILL NOW HEAR FROM MR. MALCOLM YATES. MR. YATES, YOU'LL HAVE ONE MINUTE. MY NAME IS MALCOLM YATES. I HAVE BEEN A RESIDENT OF THIS AREA FOR 36 YEARS ON IN THE SAME AREA AS THIS PROPERTY. DURING THIS TIME, I HAVE SEEN MANY FOUNDATIONS FAIL BECAUSE OF THE UNSTABLE, EXPANSIVE CLAY SOIL IN THIS AREA. A RETAINING WALL COLLAPSED AT ASPECT DEPARTMENTS, 4,900 EAST OLTORF LOCATED ABOUT 2000 FEET EAST OF THE INTERSECTION OF WICKERSHAM AND OLTORF. THIS IS, UH, THE CONTOUR MAP OF THAT RIGHT THERE. UH, THIS RETAINING WALL WAS ONLY SIX FEET TALL, AND, UH, IT'S MUCH SLOW, UH, MUCH SMALLER THAN WHAT IS PROPOSED FOR THIS DEVELOPMENT. THE CUT AND FILL SPECIFICATIONS WERE DEVELOPED TO PROTECT [01:40:01] CITIZENS AGAINST DANGEROUS SITUATIONS LIKE THIS WALL. PLEASE DENY THIS VARIANCE. THANK YOU. NOW ON THE TELECONFERENCE, MS. LEANNE HAYNES, IF YOU'LL SELECT STAR SIX AND PROCEEDED WITH YOUR REMARKS. MS. HAYNES, IF YOU CAN, UM, UH, TRY, UM, UM, PROVIDING YOUR REMARKS FOR ME, PLEASE. OKAY, MS. HAYNES, I THINK WE, UH, HAVE YOU NOW IF YOU'LL, UH, PROCEED WITH YOUR REMARKS. OKAY, THANK YOU. THANK YOU. HI, MY NAME IS LEANNE HAYNES AND I'M AN OWNER OF ONE OF THE NEIGHBORING MONICA UNITS. I OPPOSE THE VARIANCE REQUEST BECAUSE THE REQUEST IS UNSAFE AND WILL LOWER OUR NEIGHBORING PROPERTY VALUES BY CUTTING OFF SUNLIGHT AND POSSIBLY CAUSING US FOUNDATION AND FLOODING ISSUES IN THE FUTURE. THE BURDEN OF EXPLAINING WHY THIS IS A BAD IDEA SHOULD NOT BE PLACED ON MONICA RESIDENCE AND OWNERS. THE BURDEN SHOULD BE PLACED ON THE OWNER REQUESTING THE VARIANCE OR ON THE COUNCIL TO IDENTIFY AN ADDRESS IN THE AREA THAT IS A SIMILAR CUT AND FILL PROJECT THAT HAS BEEN SUCCESSFULLY MAINTAINED. IS THERE A SPECIFIC ADDRESS THAT HAS A 20 AND A HALF FOOT TALL WALL ON SIMILAR CLAY SOIL THAT THE OWNER OR THE COUNCIL CAN NAME AS PROOF THAT THIS WALL WILL BE SAFE? IF NOT, HOW DO YOU JUSTIFY THIS VARIANCE REQUEST? IF ANY OF THE COUNCIL MEMBERS WOULD LIKE TO PURCHASE MY CONDO FROM ME IS A SHOW OF THEIR GOOD FAITH IN THE ENGINEERING CAPABILITIES OF A 20 AND A HALF FOOT CUT AND FILL WALL ON CLAY SOIL. I'M READY AND WILLING TO ACCEPT THEIR OFFERS. IF YOU JUST SCOFFED AT THAT NOTION, PLEASE ASK YOURSELF WHY YOU DO NOT WANNA BUY MY CONDO. IT'S SUPER CUTE. IT IS IT BECAUSE YOU DO NOT WANT TO HAVE A MASSIVE WALL AND RETENTION POND PRESSED UP AGAINST YOUR HOME. SAME HERE. NO ONE WOULD WANT THAT. THANK YOU FOR YOUR TIME AND CONSIDERATION CHAIR. I'LL HEAR FROM THE APPLICANT FOR A THREE MINUTE REBUTTAL. THANK YOU. UH, JIM WHITLOW AGAIN. FIRST THING I'D LIKE TO POINT OUT TO PEOPLE IS THIS ISN'T GONNA BE A 20 FOOT WALL WITH CLAY SOIL BEHIND IT. IF IT'S 20 FEET OF FILL THAT'S CLEAN, COMPACTED FILL, IT'S NON EXPANDABLE FILL. IT'S NOT, IT'S NOT CLAY. SO THAT'S THE FIRST THING. UM, I'VE GOT THE STRUCTURAL ENGINEER HERE AND THE DRAINAGE ENGINEER FOR THIS PROJECT. UH, THEY'VE WORKED ON THIS DILIGENTLY. UH, I BELIEVE IN, UH, SCIENCE. I BELIEVE THAT THINGS CAN BE DONE RIGHT. WITH ALL DUE RESPECT TO MALCOLM YATES. SOME WALL THAT COLLAPSED WAS PROBABLY A WALL THAT WAS CUT INTO CLAY SOIL, AND THAT'S WHY IT COLLAPSED. WE'RE NOT, WE'RE NOT CUTTING INTO CLAY SOIL. WE'RE FILLING, WE'RE DOING THE OPPOSITE. WE'RE FILLING WITH, UH, WITH DRY SOIL. UM, I DON'T BELIEVE THAT, YOU KNOW, THE, THE ONLY SURPRISE THAT THE NEIGHBORHOOD SHOULD HAVE, THEY WERE ALL HERE ON JULY 11TH. AND, UH, THEY ALL HEARD THAT THIS WAS POSTPONED UNTIL OCTOBER 10TH. AND I UNDERSTAND PEOPLE HAVE BUSY LIVES, BUT IT'S COMMON PRACTICE FOR THE COMMISSION IF YOU POSTPONE A HEARING THAT YOU DON'T RE NOTIFY FOR IT. SO I'M, I'M SORRY FOR 'EM. JUST LIKE IN THE BEGINNING THEY SAID, WHY DIDN'T WE GET NOTIFIED ABOUT THE, UH, ENVIRONMENTAL BOARD? I SAID, BECAUSE YOU DIDN'T REGISTER. YOU GUYS DIDN'T NOTIFY ANYBODY WITH THE, THE CITY THAT, UH, UH, YOU, YOU GUYS WERE, YOU KNOW, WERE, UH, AN ASSOCIATION THAT HAD INTEREST IN THIS AND YOU DIDN'T GET NOTIFIED. AND THEN THEY DIDN'T, THEY DID REGISTER AND THEY GOT THEIR NOTIFICATIONS THEREAFTER. BUT THE ONLY SURPRISE IS TO ME A GOOD SURPRISE. THE WALL, UH, THE, THE HEIGHT OF THE WALL AND THEN THE SETBACK WAS ORIGINALLY FOUR FEET AND WE TOOK IT TO SIX FEET. AND, UH, THAT PUTS THE WALL AT A 45 DEGREE SLOPE. UH, WE ELIMINATED A 3,800 SQUARE FOOT BUILDING AND MOVED A ANOTHER BUILDING AND SPENT ANOTHER $25,000 IN ENGINEERING [01:45:01] JUST BECAUSE OF THE LIGHT FACTOR, THE CONCERN THAT THEY HAD. SO ORIGINALLY THE STORE WAS PUT THERE BECAUSE THE, UH, MR. PATEL THOUGHT, THIS'LL GET, THIS'LL PREVENT TRAFFIC LIGHTS AND NOISE FROM, UH, BOTHERING MONACO. BUT HE, YOU KNOW, HE TURNED THINGS AROUND AND DID EVERYTHING. I DON'T WANT TO HURT ANYBODY FROM MONACO. I, I'VE KNOWN THOSE PEOPLE FOR 10 YEARS. I, I FIRST REPRESENTED THIS PROPERTY ON ZONING CASES MORE THAN 10 YEARS AGO. AND, UH, UH, I MET MOST, MOST OF THE PREVIOUS OWNERS AND PREVIOUS MEMBERS OF, OF THAT COMMISSION. UH, I, I'M NOT LYING ABOUT HAVING MEETINGS. WE, WE HAD THE MEETINGS THAT WE, THAT, THAT WE COULD WITH THE NEIGHBORHOOD. SO I, I HOPE YOU DO APPROVE THIS. THANK YOU CHAIR. THAT CONCLUDES THE SPEAKER'S ON THIS ITEM. UH, AGAIN, I'VE GOT THE ENGINEERS HERE IF YOU HAVE QUESTIONS FOR IT. I APPRECIATE THAT. THANK YOU. OKAY, COMMISSIONERS, DO YOU HAVE A MOTION TO CLOSE PUBLIC HEARING? COMMISSIONER CZAR SECONDED BY COMMISSIONER WOODS. UH, ANY OBJECTIONS, CLOSING THE HEARING? SEEING NONE, WE'LL GO AND MOVE INTO OUR Q AND A. WHO WANTS TO KICK THIS OFF HERE? YOUR, I GUESS, OKAY. COMMISSIONER AZAR. I'VE GOT A FEW TOO, BUT YOU CAN GO AHEAD AND START US OFF. THANK YOU, CHAIR. I HAVE A QUESTION FOR, UH, STAFF. MR. MCDO? YES, THANK YOU. YOUR PRESENTATION WAS REALLY HELPFUL. SORT OF THINKING THROUGH THE ISSUE OF SORT OF HAVING THE RETAIL FRONTAGE ON THE ROAD AND THE ISSUES WITH THE DRIVEWAY. I WAS TRYING TO UNDERSTAND. SO IN TERMS OF THE BOND AND THE RETENTION WHILE REQUIRED FOR THE BOND, AND THE ONE FOOT ABOVE, OF COURSE, THE MAXIMUM SORT OF WATER FILL, IS THAT BEING DONE BY THE APPLICANT TO MEET WITH THE CITY'S DRAINAGE REQUIREMENTS? UH, I, I APOLOGIZE. I, MY, MY MECHANICAL DEVELOPMENT SERVICES DEPARTMENT, I APOLOGIZE. UM, POND DESIGN IS OUTSIDE OF ENVIRONMENTAL REVIEW. SO, UM, I KNOW THAT THEY, THE PONDS ARE DESIGNED TO SPECIFIC CAPACITIES BASED ON THE IMP PREVIOUS COVER AND, AND, AND RAINFALL EVENTS. BUT, BUT THE SPECIFIC DETAILS OF THE PONDS, I'D HAVE TO DEFER TO EITHER THE WATER QUALITY DRAIN REVIEWER WHO IS NOT HERE OR THE APPLICANT WHO, WHO DESIGNED THE PONDS. UM, I, I CAN SPEAK TO, YOU KNOW, THE POND LOCATION, WHY THEY'RE THERE AND, AND THE DEPTH AND THINGS LIKE THAT. CAN YOU TELL ME THAT ACTUALLY, THAT WOULD BE HELPFUL. 'CAUSE THAT WAS GONNA BE MY NEXT QUESTION. OH, SURE. ABSOLUTELY. I, I'M HAPPY TO, UH, ABSOLUTELY. SO THE, THE, THE PONDS, OF COURSE HAVE TO BE ON, ON THE DOWN SLOPE PORTION OF THE PROPERTY. AND THE PONDS TYPICALLY INCLUDE A WATER QUALITY AND DETENTION POND. AND THE IDEA IS THE, THE FIRST HALF INCH OR SO OF RUNOFF FROM THE, FROM THE POND IS THE MOST CONTAMINATED RUNOFF. AND SO THE FIRST HALF INCH OR SO GOES TO THE WATER QUALITY POND. AND THE IDEA OF THAT IS TO INTERCEPT THE POLLUTANTS AND CONTAMINANTS AND TO KEEP THEM ON SITE UNTIL THEY, THEY, UH, IDEALLY BREAK DOWN. AND THEN THEY'RE RELEASED. UH, THE DETENTION POND IS DESIGNED TO CA CAPTURE THE ADDITIONAL RUNOFF IN THE ADDED IMPERVIOUS COVER. SO IF YOU ADD MORE IMP IMPROVES COVERING THE SOIL, THAT'S LESS INFILTRATION, MORE WATER RUNS OFF. AND SO THE IDEA IS, UM, THE, I BELIEVE THE, THE POND IS DESIGNED, AND I'M GETTING A LITTLE MUCH OUT OF ENVIRONMENTAL VIEW AT THIS POINT, BUT MY BELIEF, THE POND IS DESIGNED SO THAT THE RATE OF RUNOFF DOESN'T EXCEED, UM, THE POST-DEVELOPMENT RATE OF RUNOFF DOES NOT EXCEED THE PRE-DEVELOPMENT RATE OF RUNOFF. AND SO THE IDEA IS THEY CAPTURE THE RUNOFF AND RELEASE IT SLOWLY OVER TIME. SO AS THE IMP IMPROVE COVER IS ADDED, WE DON'T HAVE JUST A BIG FLOOD OF WATER RUNNING OFF. SO BECAUSE OF ALL THAT, THE PONDS ARE DOWN SLOPE OF THE ENTIRE DEVELOPMENT. AND, UM, GENERALLY POND DESIGN OR PONDS ARE NOT LIMITED IN THEIR GRADING. UH, SO A PERSON CAN DIG A POND AS DEEP AS THEY NEED TO, TO APPROPRIATELY SIZE THE POND FOR THE FUNCTIONING. HOWEVER, THE LAND DEVELOPMENT CODE SAYS THAT IF YOU'RE ON SLIPS OVER 15%, POND GRADING IS LIMITED TO FOUR FEET. THESE PONDS ARE ON SLIPS OVER 15%, BECAUSE WHERE THE LOWEST POINT ON THE PROPERTY IS ALSO HAPPENS TO BE VERY SLOPPY. AND SO TO DIG THE PONDS TO THE APPROPRIATE CAPACITY, THEY NEED A VARIANCE TO GO OVER FOUR FEET. I APPRECIATE THAT. AND SO WHAT I'M, WHAT I'M UNDERSTANDING IS THAT IT WOULD NOT BE POSSIBLE TO MOVE THE POND TO ANOTHER PART OF THE, I I BELIEVE IT COULD BE POSSIBLE. HOWEVER, THEN THERE COULDN'T BE ANY DEVELOPMENT DOWN SLOPE AT THE POND. SO FOR EXAMPLE, IF YOU IMAGINE THE POND MOVED, UH, YOU KNOW, A THE POND IS SORT OF ON THE, THE NORTHERN AREA. IF THE POND WERE MOVED A LITTLE BIT TO THE SOUTH, WELL, BECAUSE THE POND MUST INTERCEPT RUNOFF FROM THE IMPERVIOUS COVER, THERE COULD BE ANY, ANYTHING DOWN SLOPE OF THE POND WOULD BE UNBUILDABLE AREA. SO TO PUT THE POND IN THE MOST DOWN SLOPE AREA MEANS EVERYTHING UP SLOPE IS BUILDABLE. UH, BUT AS FAR AS LIKE THE SPECIFIC DETAILS BEYOND THAT, I, I DON'T WANNA GET INTO THE ENGINEERING OF IT. THAT'S, I'M, I'M NOT AN ENGINEER. I, I REALLY APPRECIATE THAT. THANK YOU. UM, CAN I HAVE THE APPLICANT TELL A LITTLE BIT ABOUT SORT OF, UM, WHAT THE STAFF REQUIREMENT WAS AROUND THE BONDS? IT SOUNDS LIKE, IF I'M UNDERSTANDING RIGHT, SO WE, WE KNOW THAT MOVING THE BONDS LOCATION IS A DIFFICULT TASK. AND THEN THE SECOND THING THAT I'M UNDERSTANDING IS THAT THE BOND VOLUME WAS, IS ESSENTIALLY DEFINED BY STAFF. THAT'S SOMETHING OUR STAFF REQUIRED. YEAH, THE, THE CITY HAS, UH, HAS GUIDELINES AND BASICALLY, UM, AS MIKE STATED, [01:50:01] UM, THE, THE FIRST RUNOFF IS WHAT GOES TO A WATER QUALITY POND, OR IN THIS CASE A RAIN GARDEN. AND THAT'S BECAUSE THAT'S WHERE MOST OF THE, UH, UH, FIL FILTRATION IS GONNA OCCUR. MOST OF THE SILT IS GONNA BE IN THERE. SO, UH, THAT'S THE WATER THAT NEEDS TO BE CLEANED UP. AND THEN AFTER THAT, THE AMOUNT OF WATER IN THE POND IS DEPENDENT ON BASICALLY WHAT IS THE EXISTING FLOW ONTO THE ADJACENT PROPERTY. YOU CAN'T INCREASE IT. NOW, IN THIS CASE, WE'VE GOT A KIND OF UNUSUAL SITUATION BECAUSE THE WHOLE PROPERTY IS SLOPING DOWN TOWARDS MONACO TODAY. IF THERE WAS A HUNDRED YEAR STORM IN ONE HOUR, THEY WOULD HAVE 301,000 GALLONS OF WATER COMING DOWN ONTO THEIR PROPERTY. AFTER WE'RE DONE, THEY'LL HAVE NONE EXCEPT FOR ANY, UH, ANY INCIDENTAL WATER THAT COMES OUT FROM THE OUTFALL FROM OUR DETENTION POND AND GOES INTO THE DRAINAGE CHANNEL THROUGH THEIR PROPERTY. AND SO ALL THE FLOODING THAT THEY TALKED ABOUT IS GONNA BECOME ALMOST NON-EXISTENT. WE'RE TAKING OUT ALL THE UPSTREAM DRAINAGE. AND SIR, SINCE I HAVE A LITTLE BIT OF TIME, JUST SO I UNDERSTAND THAT THE ONE FOOT HIGH ABOVE THE HIGH MARK, WALL MARK OF THE WATER, THAT'S A REQUIREMENT FROM OUR STAFF, CORRECT? UH, NO. THE, THE, THE, THE STAFF DOES NOT HAVE A REQUIREMENT. THEY DO, THEY HAVE A MINIMUM REQUIREMENT THAT THE WALL HAS TO BE ONE FEET HIGHER THAN THE WATER LEVEL. AND, BUT THE, THE WALL WAS ORIGINALLY SEVERAL FEET HIGHER AND, UH, TONY LES, THE ENGINEER FOR MONACO, ASKED US TO LOWER IT AND WE DID. I APPRECIATE THAT. THANK YOU. THANK YOU, CHAIR. YOU'RE WELCOME. ANYONE ELSE? COMMISSIONER? UH, COMMISSIONER MS. TOLER? THANK YOU. YES. I'D LIKE TO FOLLOW UP WITH SOME ADDITIONAL QUESTIONS FOR THE APPLICANT ENGINEERS. UM, AND WHILE THEY'RE COMING UP OR LISTENING, UH, I'D LIKE TO GO OVER THE CHANGE IN THE WALL BECAUSE WE WENT FROM TWO NINE FOOT SEGMENTS TO, UH, THE SIX FOOT TIERS. SO I'D LIKE TO EXPLAIN THAT A BIT AND THAT CHANGE AND WHAT THAT DOES IN TERMS OF THE, UH, HORIZONTAL SPACE BETWEEN THE HIGHEST POINT OF THE WALL AND THE NEIGHBORING MONACO PROPERTY. THE CONCERN WHEN WE HAD A NINE FOOT WALL FROM THE NEIGHBORS IS THAT IT WAS SOMETHING OF AN IMPOSING STRUCTURE, UH, YOU KNOW, SOMEWHAT CLOSE TO THE BACKS OF THESE FOLKS. UH, UH, THEY'RE OUR FIRST, YEAH, THERE ARE GROUND LEVEL RESIDENCES THAT WOULD BE DARKENED BY THEM. SO BY MOVING IT, HOW MUCH LINEAR FOOTAGE DID WE GAIN IN BETWEEN THE, THE WALL, THE WAY IT WAS, WAS UP AND THEN UP AND IT WAS MAYBE 80 SOME ODD PERCENT SLOPE. NOW WE'VE TAKEN IT, WE GO UP SIX FEET, WE GO BACK SIX FEET, PUT PLANTS THERE, GO UP SIX FEET, GO BACK ANOTHER SIX FEET. SO NOW THE WALL IS LIKE THIS. AND AGAIN, THE, THE, THE STRUCTURE THAT USED TO BE RIGHT THERE, UM, ADJACENT TO THE MONACO APARTMENTS HAS BEEN MOVED AWAY. UM, ONE STRUCTURE WAS COMPLETELY REMOVED FROM THE SITE PLAN, RIGHT? ORIGINALLY WE HAD A BUILDING THERE, AND I THINK BETWEEN THE, THE WALL HEIGHT RIGHT? AND THEN THE PROPOSED STRUCTURE, WE WERE SOMEWHERE AROUND 40 FEET OF HEIGHT THAT WOULD DARKEN THOSE. SO THAT STRUCTURE HAS MOVED, AND NOW WE'VE TIERED THE WALL. SO THEY GAINED AN EXTRA 12 PLUS FEET TO OPEN THAT UP. PLUS THEY DON'T HAVE A, YOU KNOW, A VIRTUALLY VERTICAL WALL, UH, YOU KNOW, IN THEIR BACKYARDS. IT'S, IT'S A VEGETATED 45 DEGREE SLOPED, UH, STRUCTURE. RIGHT, RIGHT. UH, YOU KNOW, AND SIDE COMMENT, IT'S UNFORTUNATE THAT THE RESIDENTS DIDN'T GET A CHANCE TO SEE THIS BEFORE, BEFORE TONIGHT, BUT I THINK THAT WAS A BIG PART OF THE IMPROVEMENT WE WERE LOOKING FOR WAS MOVING THAT HEIGHT OF THE BUILDING AND THEN STAGING THAT TIERING TO ALLOW FOR AIRFLOW VENT AND OBVIOUSLY DAYLIGHT INTO THOSE GROUND FLOOR UNITS AND, UH, MORE AESTHETIC. UM, CAN WE TALK A LITTLE BIT ABOUT THE POND AND HOW THAT'S CHANGING THE EXISTING PROPERTY DRAINAGE? UM, FROM WHAT IT IS CURRENTLY AND WHAT IT WILL BECOME, IF THIS IS APPROVED, IT CHANGES IT SIGNIFICANTLY. THE, THE LOCATION OF THE POND, THE POND IS SIZED, FIRST OF ALL, IT'S LOCATED AT A LOW POINT ON THE PROPERTY. 'CAUSE THAT'S WHERE YOU TRADITIONALLY LOCATED WATER'S GOING. SO THE 'CAUSE THE WATER'S GOING DOWNHILL. MM-HMM. , UH, THE POND IS, UH, IN THE PRE-DEVELOPED CONDITION, AS JIM WAS TRYING TO SAY, THERE'S, I DON'T, I WOULDN'T SAY 300, 1000 GALLONS OF, UH, OF RUNOFF. THAT'S OF, UH, FLOW VOLUME NUMBER. WHAT WE'RE TALKING ABOUT IS THE FLOW RATE. AND I DON'T KNOW WHAT IT WAS EXACTLY, BUT THERE WAS A SIGNIFICANT AMOUNT OF WATER RUNNING RIGHT THROUGH, UH, BETWEEN THE MONACO BUILDINGS. AND, UH, WHAT [01:55:01] WE'VE DONE IS, UH, TAKE THAT WATER AND MOVE IT OVER TO THE STORM DRAIN THAT'S UNDER UL TORF. IN OTHER WORDS, VIRTUALLY ALL OF THE, OF THE CAPTURED, UH, RUNOFF IS GONNA BE MOVED TO THE STREET ON AL TORF. AND THE, THE AMOUNT OF WATER COMING THROUGH AND BETWEEN THE APARTMENTS IS, IS A LOT. I MEAN, IT'S 95% LESS THAN WHAT IT WOULD'VE BEEN. AND, AND IT'S SPREAD OUT AND TO PREVENT EROSION. THAT'S THE, THANK YOU. I THINK THAT'S ALL MY QUESTIONS AT THIS TIME. THANK YOU. ALRIGHT, COMMISSIONERS, WHO ELSE HAS QUESTIONS? THIS ITEM? I'VE GOT A FEW. I'LL LET OTHERS GO FIRST. COMMISSIONER HAYES, GO AHEAD. NOT ALWAYS EASY AND SHORT, UH, FOR THE APPLICANTS, UM, WHEN, WHEN Y'ALL WERE HERE, AND, AND THE ONLY REASON I REMEMBER IT VERY POIGNANTLY. IT WAS ONE OF MY FIRST MEETINGS. AND, AND SO, UM, YOU KNOW, THE REQUEST COMING FROM THE COMMISSION WAS GO BACK, LOOK AT THE WALL REDESIGN, THE, THE PICTURES THAT YOU PRESENT. I APPRECIATE THAT. THANK YOU FOR DOING THAT. BUT, UM, THE, THE NEIGHBORS HAVE SAID THAT THEY DIDN'T GET A CHANCE TO HAVE A ANOTHER MEETING. WHY, WHY DIDN'T YOU MEET WITH THE NEIGHBORS? UM, I THINK THAT, THAT, THERE'S A, A COUPLE REASONS FOR THAT. UM, THE FIRST ONE WAS, IS BECAUSE OUR, OUR INSTRUCTIONS, UH, WE FELT WERE VERY CLEAR ON WHAT WE NEEDED TO DO, BOTH FROM THEIR ENGINEER AS WELL AS FROM THE ENVIRONMENTAL BOARD AND OR THE ENVIRONMENTAL COMMISSION AND YOUR COMMISSION. AND WE ACCOMPLISHED ALL OF THOSE THINGS. WE DID EVERYTHING WE, WE WERE ASKED TO DO, UH, PLUS A LITTLE BIT MORE. AS I SAID, MR. PATEL, UH, TOOK THE WALL 71 DEGREES TO 45 DEGREES. JUST, HE JUST DECIDED TO DO THAT. SO, UM, I, I GUESS ONE THING I, I CAN SAY IS FROM THE VERY BEGINNING THERE'S BEEN, YOU KNOW, EXTREME FEAR AND OPPOSITION BY THE OTHER SIDE. AND, UH, I DIDN'T FEEL IT, AND ANOTHER MEETING WOULD BE PRODUCTIVE. I THOUGHT THAT WE WOULD COME BACK HERE AND GIVE YOU WHAT YOU GUYS ASKED FOR AND, AND THEN CALL FOR A VOTE. HMM. OKAY. I'VE ALWAYS FOUND THAT IT, I, I AGREE WITH YOU, THERE'S FEAR, BUT THE WAY TO OVERCOME FEAR IS EDUCATION AND CONVERSATION. I, I APPRECIATE IT. UH, FOR THE, FOR ANY OF THE NEIGHBORS THAT WANT TO ADDRESS THE QUESTION, DID, UM, THE APPLICANT HAS, HAS, UH, SAID THAT THEY MET WITH YOUR ENGINEER AND THAT THEY MADE SOME DESIGN CHANGES BASED ON YOUR ENGINEER'S INPUT. DID DID YOUR ENGINEER COMMUNICATE THAT BACK TO YOU? UNLESS HE SPOKE TO OUR LAWYER OR THE ENGINEER TODAY? I HAVEN'T SPOKEN TO THEM TODAY, NO. AND I ASKED THEM IF, SO WE WANTED TO BE IN THE MEETING. NO. OKAY. THANK YOU. SO YOUR QUESTIONS, COMMISSIONER HAYNES. OKAY. I'LL GO AHEAD AND ASK IT TO YOU. AND WE STILL HAVE ROOM FOR OTHERS IF NEEDED. UM, SO, UH, FOR THE IN, UH, STRUCTURAL ENGINEER FOR THE WALL, I HAVE A FEW QUESTIONS. UH, CAN YOU EXPLAIN JUST, UH, YOU KNOW, CONCERNS ABOUT THE STRUCTURE, UH, AND LET'S TRY TO BE BRIEF. I GOT A LOT OF QUESTIONS. OKAY. BUT HOW DO YOU, HOW DO YOU DESIGN THAT SO THAT YOU ASSURED THAT IT'S NOT GONNA COLLAPSE? WHAT ARE THE KIND OF THINGS THAT YOU DO TO MAKE SURE IT'S GONNA STAY WHERE IT IS? OKAY. UH, SO I'M CESAR SAXON. I ACTUALLY SEAL THOSE, UH, STRUCTURAL PLANS. I HAVE A MASTER'S IN STRUCTURAL ENGINEERING. AND, UH, OKAY. SO, UH, FIRST OF ALL, UM, THIS 45 DEGREE, UM, AND ANGLE. SO, SO BASICALLY, UH, THE STRESSES, THE VERTICAL STRESSES THAT ARE, UH, IMPOSED BY THE UPPER, UH, TIERS OF THE WALLS, THEY ARE DISTRIBUTED UNDER 45 DEGREE ANGLE, WHICH MEANS THAT THERE'S GONNA BE NO LATERAL PRESSURE ON THE LOWER WALLS. THIS IS GIVEN. OKAY. SO THAT, THAT'S WHY WE DID A 45 DEGREE. SO THE HEIGHT OF THE WALL EQUALS, UM, THE, UH, HORIZONTAL DISTANCE, DISTANCE BETWEEN THE WALLS. OKAY. SO THIS IS ONLY PRESSURE FROM THE, FROM THE, FROM THE SOILS. SO LET ME, UH, SO THAT MEAN THAT THE, WHAT YOU'VE DONE THEN IS NOT ONLY AESTHETICALLY, UH, IMPROVES IT, IT ALSO PROVIDES MORE STRUCTURAL STABILITY? YES. YES. BASICALLY, WE REMOVED A, UH, THE ADDITIONAL PRESSURE FROM THE, UH, VERTICAL, UH, YOU KNOW, UH, WEIGHT OF THE WALL THAT THEY WOULD DISTRIBUTE ON A 45 DEGREE ANGLE AND PUSH THE, THE, THE LOWER WALLS, UH, LATERALLY. SO BASICALLY, THIS IS OUT OF EQUATION. THIS IS TAKEN CARE OF. OKAY. AND THEN, UH, THE SECOND THING, UH, THE CLAY, SO, UH, THE LOWER WALL IS, UH, IS ON, UH, PIERS. SO WE HAVE A, UH, [02:00:01] RAINFOREST CONCRETE PIERS ALL THE WAY TO THE, UH, RACK. SO THIS WALL IS NOT, UH, LAYING ON THE CLAY. SO THE CLAY CAN EXPAND OR THEY CAN, YOU KNOW, UH, CONTRACT OR WHATEVER IT IS. IT'S NOT GONNA IMPACT THE LOWER WALL. EVERY, EVERY WALL ABOVE THIS LEVEL, UH, BASICALLY WE GONNA HAVE A, UH, UH, FILL THAT IS NOT CLAY. SO THERE'S GONNA BE NO, UH, MOVEMENT, VERTICAL HORIZONTAL MOVEMENT. SO, SO THIS IS TAKE TAKEN CARE OF TOO. I'M JUST CURIOUS, HOW, WHERE IS THE ROCK RELATIVE TO THE, UH, THE GROUND LEVEL? HOW DEEP IS IT? SO, UH, ON THE CONSTRUCTION PLANS THAT I PREPARED, UH, WE, UH, WE PUT A ACTUAL NOTE SAYING THAT YOU GUYS HAVE TO DRILL ALL THE WAY TO THE, TO THE, UH, RACK. OKAY. BUT WE, AND THEN, AND THEN EVERY 15 FEET, YOU'RE GONNA HAVE A PIER. OKAY. ALL RIGHT. SO THAT'S, THAT, THAT, THAT'S A SPECIFICATION. ACTUALLY, IF YOU LOOK AT THE, UH, VARIANCE EXHIBITS AND STUFF LIKE THIS, YOU'RE GONNA SEE THE NOTES AND, AND, AND YOU'RE GONNA FIND THIS STUFF. OKAY. UH, I THINK THAT'S, THAT ANSWERS MY QUESTION ON THE WALL. UH, THERE WAS A QUESTION, I GUESS, UM, ONE OF THE, I CAN'T REMEMBER WHO IT WAS, ASK ABOUT A DESIGN FOR TUNNELING. UH, WHAT, WHAT I'M NOT FOR RELATION TO THE POND, I'M NOT SURE HE, TO ANSWER THIS QUESTION, UH, ON THE POND DESIGN. OKAY. UH, SOMEBODY ADMIT, UH, I THINK IT WAS YOU, SIR, THAT MENTIONED SOMETHING ABOUT TUNNELING FOR THE DRAINAGE POND. I'M NOT SURE WHAT HE WAS REFERRING TO. IS THAT, AND MAYBE I NEED THAT. I'M NOT SURE IF I UNDERSTAND, BUT LET, LET, LET ME ADD ONE MORE THING ABOUT THE, THE, THE, THE POND DESIGN AND THE HEIGHT OF THE WALLS FOR, FOR THE POND. SO BASICALLY ONE OF THE, UH, ISSUES THAT, THAT OUT THAT WE WERE FACING, UH, WAS THAT THE CITY, UH, ASKED US TO TIE TO, UH, TO THE EXISTING, UH, STORM SOURCE SYSTEM TO DRAIN ALL OF THE WATER. SO BASICALLY, AS STORM SAID, THERE'S GONNA BE NO WATER GOING ON MONACO. WE ARE COLLECTING ALL OF THE WATER, GOING TO THE DETENTION, AND THEN ALL FROM THE DETENTIONS GOING STRAIGHT TO THE STORM SOURCE SYSTEM. SO, BUT BASICALLY WE'RE IMPROVING THE SITUATION THERE. THAT'S, THAT'S THE FIRST THING. THE, THE SECOND THING, THERE'S LITTLE PIPE, UH, I THINK IT'S A SIX INCHES OR WHATEVER, BUT THIS PIPE IS GONNA DISCHARGE, I DON'T KNOW, ONE CUBIC FEET AND NOT, MAYBE NOT, I MEAN, 1.0 0.1 QB FEET. IT'S JUST NOTHING. JUST JUST TO DRAIN THE POND FROM THE LOW SPOT. AND THE LOW SPOT IS, UH, IS THERE BECAUSE, UH, WE WERE TRYING TO, UH, COMPLY WITH THE ENVIRONMENTAL PEOPLE, SO WE CANNOT FILL TOO MUCH. SO, SO BASICALLY WE HAVE TO HAVE A LOW SPOT ON THE POND AND A HIGH SPOT, AND THEN AGAIN, LOW SPOT. SO BASICALLY 90, 99% OF THE WATER GONNA GO TO THE STORM SOURCE SYSTEM, AND THEN ONLY MAYBE 1% IS GONNA GO, UH, THROUGH THIS LITTLE PIPE. SO THE SITUATION FOR MONACO, AS FAR AS DRAINAGE IS ABSOLUTELY, YOU KNOW, UM, BETTER. SO. OKAY. UH, I THANK YOU VERY MUCH, SIR. OKAY, THANK YOU. UH, I'VE GOT A QUESTION IN MY LIMITED TIME HERE, I GUESS, FOR STAFF. UM, SO THE ENVIRONMENTAL COMMISSION, WHAT WERE THEIR, I GUESS THE TWO OPPOSING VOTES? DO YOU RECALL THEIR CONCERNS? I GUESS IT PASSED ON A VOTE OF SEVEN TO TWO. IT DID PASS ON A VOTE OF SEVEN TO TWO. I APOLOGIZE. I I DO NOT REMEMBER THAT BECAUSE, UH, THE ENVIRONMENTAL COMMISSION PRESENTATION WAS DECEMBER OF LAST YEAR, SO I, OKAY. IT LOOKS LIKE THE APPLICANT MAY HAVE SOME YEAH. AFTER THE VOTE, I WROTE EMAILS TO THE TWO DESCENDING COMMISSIONERS AND ASKED THEM AND GOT RE NO REPLIES BACK FROM EITHER ONE. OKAY. ALRIGHT. OKAY. UM, AND THEN AS FAR AS, THIS IS A QUESTION FOR STAFF AS FAR AS NOTICE, COULD YOU JUST GO THROUGH AND THIS'LL BE THE LAST ONE, UH, FOLKS WILL, UH, LET, LET ME FINISH THIS QUESTION ON THE NOTICE. CAN YOU JUST EXPLAIN, THERE'S SOME COMMENTS ABOUT NOT BEING NOTICED. WHAT IS THAT, WE HEARD THIS BEFORE. WHAT ARE THE NOTICE PROCEDURES? YEAH. UH, THAT, THAT, THAT'S MY QUESTION. THAT'S PLAN. I WILL, I'LL DEFER THE ROSEMARY. SURE. GOOD EVENING. ROSEMARY AVILA, UH, PLANNING, UM, PLANNING OFFICER WITH SITE PLANTING. UM, THE NOTICE WAS SENT OUT ON FRIDAY, SEPTEMBER 29TH. WE HAVE AN EMAIL VERIFICATION FROM OUR THIRD PARTY PRINTER VENDOR. WE HAVE A LIST OF OVER 1700 MAILING ADDRESSES. UH, I PROVIDED THAT TO ANDREW JUST RIGHT NOW. UM, WE DO HAVE A LIST OF PEOPLE THAT WERE SENT NOTICE FOR THIS HEARING. OKAY. AND WHAT ABOUT THE ENVIRONMENTAL COMMISSION? HOW IS THAT NOTICED? THAT IS NOT NOTICED. NOT NOTICED? YES. OKAY. LAND USE COMMISSION REQUIRES NOTICE. ENVIRONMENTAL COMMISSION DOES NOT. OKAY. AND, UH, SO THE H O A, DO THEY GET, HOW DOES THAT NOTICE? IS IT ALL THE INDIVIDUAL PROPERTY OWNERS OR DOES IT GO TO THE H O A? IT'S EVERY PROPERTY OWNER WITHIN 500 FEET AND EVERY UTILITY ACCOUNT HOLDER WITHIN 500 FEET. OKAY. UM, AND REGISTERED NEIGHBORHOOD ORGANIZATIONS. AND I DID MAKE SURE WITH OUR NOTIFICATION DEPARTMENT THAT THE LAWYER WAS ALSO ADDED BECAUSE SHE'S NOT WITHIN. UM, I DID VERIFY THAT SHE WAS ON THE LIST TOO. OKAY. THANK YOU. THAT ANSWERS MY QUESTIONS. UH, ANYONE [02:05:01] ELSE? CHAIR COHEN, DO YOU HAVE A QUESTION? I'M SORRY. AND I'M REALLY SORRY. I JUST GOTTA THROW IN THAT, THAT MEANS NOTHING WHERE WE LIVE. THE BURLESON POST OFFICE IS LITERALLY THE WORST POST OFFICE IN AUSTIN THAT LOSES MAIL EVERY SINGLE DAY. TELL ME I'M WRONG, GUYS. . SORRY. I DON'T, I'M NOT BLAMING THE CITY OR THE THIRD PARTY VENDOR. I'M JUST SAYING MY MAIL GETS DELIVERED TO OTHER CONDOS THAT ARE FOUR BLOCKS FROM RYAN, SO IT DOESN'T REALLY MATTER. RIGHT. ALL RIGHT. ANYONE ELSE WITH, UH, QUESTIONS FOR STAFF OR THE APPLICANT? OKAY, LET'S GO MOVE. DO WE HAVE A MOTION THIS EVENING? UH, COMMISSIONER CZAR THANK YOU CHAIR. UM, I MOVE APPROVAL WITH STAFF RECOMMENDATION, AND THIS INCLUDES THE PROVISION THAT THEY PROVIDE EIGHT ADDITIONAL TREES AT THREE CALIBER INCHES AND PROVIDES STRUCTURAL CONTAINMENT OF FILL WITH RETAINING WALLS. ALL RIGHT. DO WE HAVE A SECOND, UH, SECOND BY COMMISSIONER MOAD ELLO YOUR HAND FIRST. DO YOU WANNA SPEAK TO YOUR MOTION? COMMISSIONER AZAR? UM, I, I, I GUESS I'LL SORT OF BREAK IT INTO TWO. I THINK ONE, THIS IS JUST SORT OF THE COMPLEXITY OF HOW THINGS COME TOGETHER ON A SITE. AND I THINK WHAT WE'RE SEEING IS THERE'S SORT OF A PERFECT STORM OF CONFLICTING PROVISIONS THAT HAVE COME TOGETHER ON A SINGULAR SPOT, PARTIALLY DUE TO THE NATURE, SORT OF THE GRADIENT OF THE SITE ITSELF. AND WHAT WE'RE SEEING IS, OF COURSE, THERE'S A DRIVEWAY REQUIREMENTS THAT CERTIFY WHERE THE DRIVEWAY CAN GO. BUT THERE'S REQUIREMENTS FOR ESSENTIALLY, UM, HAVING THE FRONTAGE OF, UH, UH, COMMERCIAL FRONTAGE, WHICH MEANS THAT A BUILDING HAS TO GO NEXT TO THE DRIVEWAY, WHICH MEANS SINCE THE DRIVEWAY IS NOW MOVED FURTHER, UM, TO THE WEST, THAT MEANS THE DETENTION POND HAS TO BE FURTHER DOWN SLOPE FROM IT. SO THEN WE HAVE A RETENTION POND THERE THAT HAS BEEN ENGINEERED TO ACHIEVE A CERTAIN VOLUME, WHICH THEN LEADS TO HAVING A REQUIREMENT FROM OUR CODE THAT SAYS YOU NEED TO HAVE ONE FOOT HEIGHT ABOVE THE SORT OF MAXIMUM WATER LINE. SO HERE WE ARE AT THE HEIGHT OF THAT RETENTION BALL ON THAT SIDE DUE TO ALL OF THESE DIFFERENT PROVISIONS WITHIN OUR CODE AND WHAT OUR STAFF BELIEVES CAN COME TOGETHER ON TOP OF THIS, I DO APPRECIATE SORT OF OUR STAFF'S WORK IN LOOKING INTO, AND THE ENGINEERS HERE AS WELL, FIGURING OUT HOW DO WE ENSURE THAT THERE IS NO, UM, UNNECESSARY WATER FLOW ONTO THE ADJACENT SIDE. SO THIS ACTUALLY REMOVES SOME OF THAT WATER FLOW THAT WOULD HAPPEN NATURALLY. AND WE'VE ACTUALLY HEARD FROM THE NEIGHBORS TALK ABOUT HOW THAT'S HAPPENING TODAY. THIS SHOULD ACTUALLY RESOLVE THAT ISSUE HOPEFULLY WITH THAT DETENTION BOND THAT ALLOWS THEM TO DO THAT. IN ADDITION, OF COURSE, I DO WANNA SAY, YOU KNOW, I APPRECIATE THE APPLICANT WORKING TO THIS POINT. I KNOW WE DON'T HAVE THE NEIGHBORS ON BOARD, BUT THERE HAS BEEN AN EFFORT HERE TO REDESIGN BASED ON THE DIFFERENT FEEDBACK THAT WE'VE RECEIVED. REMINDER, I THINK THEY STARTED OFF WITH FOUR COMMERCIAL SPACES. UM, IT WAS TOWARDS THE BACK TOWARDS THE CONDO, AND WE HEARD THAT THE NEIGHBORS DIDN'T WANT THAT, THE STRUCTURES 'CAUSE IT INCREASED THE HEIGHT. THEY MOVED ONE OF THOSE OPEN UP A SPACE. SO THEN THERE WERE THREE COMMERCIAL SPACES, THEN WE FELT IT WAS STILL TOO MUCH. THEY CUT THAT OUT. NOW WE'RE TWO COMMERCIAL SPACES MOVED AROUND ON THE SITE TO ACCOMMODATE THAT PIECE OF SORT OF RESPECTING THE NEIGHBORS AND NOT HAVING THE WALL GO HIGHER ABOVE THAT DETENTION POND. BUT THAT RETAINMENT WALL AT THIS POINT IS IMPORTANT JUST FROM A SAFETY PERSPECTIVE. I WANT TO GO AHEAD AND MOVE FORWARD WITH THIS ITEM TODAY BECAUSE I DO THINK THE APPLICANT HAS SHOWN THERE IS A NEED FOR VARIANCE. OUR STAFF HAS CERTIFIED THAT. I DO APPRECIATE THE SORT OF EFFORTS THAT HAVE BEEN MADE TO RESOLVE A LOT OF THOSE ISSUES. IF WE DON'T MOVE FORWARD WITH THIS TODAY, I'M NOT SURE WHAT WOULD ACTUALLY EVEN BE A VIABLE USE ON THAT SIDE AND HOW IT WOULD STILL MEET WITH THE CODE REQUIREMENTS UNLESS THEY WERE GIVEN SOMETHING ELSE COMPLETELY. SO I'LL GO AHEAD. UM, AND THAT'S WHY I'M MAKING THIS MOTION. THANK YOU, CHAIR. ALL RIGHT. ANY SPEAKING IN OPPOSITION? UH, SPEAK IN FAVOR, COMMISSIONER MISHAL. UM, THANK YOU COMMISSIONER CZAR FOR THOSE COMMENTS. I DO WANT TO THANK THE APPLICANT FOR PAYING ATTENTION TO THE FEEDBACK THAT WAS PROVIDED AT THE JULY MEETING. UM, IT WAS OUR CLEAR UNDERSTANDING FROM THE RESIDENTS CONCERN ABOUT BEING IN, UM, A DARK TUNNEL ON THOSE FIRST FLOOR RESIDENTS, AS WELL AS THE AESTHETIC THAT IT WOULD CREATE TO THE NEIGHBORING PROPERTY AND THE PROPERTY VALUES. SO, UM, IN ADDITION TO MITIGATING THE WATER RUNOFF AND THE DRAINAGE FROM THAT PROPERTY. AND I HOPE THAT AS THIS MOVES TOWARDS COUNCIL, THE RESIDENTS WILL HAVE AN OPPORTUNITY TO STUDY THAT AND FEEL COMFORTABLE WITH THAT OR RAISE THOSE CONCERNS GOING INTO COUNCIL. UM, I APPRECIATE THAT, THAT MY, MY ONE FALLBACK IS I, I WISH THERE HAD BEEN VERY CLEAR COMMUNICATION, UM, BETWEEN THE APPLICANT AND THE RESIDENTS, GIVEN HOW CONTENTIOUS IT WAS IN JULY. SO THAT, THAT WE WOULD'VE BEEN HERE TONIGHT WITH A, A BETTER UNDERSTANDING BETWEEN ALL THE PARTIES. BUT I DO APPRECIATE THE EFFORTS INVOLVED IN LISTENING TO THAT JULY FEEDBACK. THANK YOU. [02:10:02] ALL RIGHT. UM, ANY OPPOSED? ALL RIGHT. UH, ANY WANNA TAKE THE LAST SPOT? IF NOT, I WILL. OKAY. UH, SO FIRST OF ALL, I WANNA APPRECIATE THE ENGINEERING DESIGN. I WAS THE ONE THAT, UH, REALLY WAS INSISTING ON SEEING STAMP PLANS. WE HAVE THEM. I APPRECIATE THAT. I THINK THE GOING TO THE BEDROCK, UH, THAT IS GOOD. WHAT YOU'VE DONE IS REALLY, I THINK, UH, GONNA ENSURE THE SAFETY OF THAT WALL NEXT TO THAT, UH, STRUCTURE. UH, I WOULD ALSO ASK, RECOMMEND ENGINEER THAT YOU FOLLOW UP DURING CONSTRUCTION. WE ALL KNOW SOMETIMES GOOD PLANS DON'T ACTUALLY GET BUILT BY CONTRACTORS. I WOULD ASK THAT YOU INSPECT THE WORK AND MAKE SURE IT'S, UH, BUILT TO YOUR DESIGN SPECIFICATIONS. UH, I THINK THAT WOULD GIVE HOPEFULLY THE NEIGHBORS SOME ADDITIONAL SURETY THAT, UH, SOMEBODY'S INSPECTING THE WORK. AND, UH, I THINK OVERALL WE'RE, WE'RE GONNA, IT SEEMS LIKE, UH, WITH THE FLOODING, IT IS AN OVERALL IMPROVEMENT. UM, SO I WILL BE SUPPORTING THIS MOTION TODAY. UM, OKAY. UH, LET'S GO AND TAKE THE VOTE, UM, ON THIS ITEM, UH, THOSE ON THE DAIS AND WELL, LET'S JUST, JUST POINT OF CLARIFICATION. IS YOUR, THE STAFF RECOMMENDATION, YOUR, UM, RECOMMENDED WITH CONDITIONS AND ENVIRONMENTAL COMMISSION RECOMMENDATIONS, WOULD THAT THE SAME AS YOUR MOTION? NO. CHAIR, I WAS MOVING WITH THE STAFF RECOMMENDATION. THAT WOULD BE THE THREE VARIANCE REQUESTS AND THEN THE STAFF RECOMMENDATION TO PROVIDE EIGHT ADDITIONAL TREES AND PROVIDE THE STRUCTURAL CONTAINMENT OF FILLED WITH RETAINING WALLS. OKAY. IS EVERYBODY CLEAR ON THE DIFFERENCE? OKAY. JUST WANT TO, UM, SO THERE'S, IF, IF YOU LOOK AT THE ENVIRONMENTAL COMMISSION, THIS WAS SOMETHING THAT THEY HAD DISCUSSED PREVIOUSLY. THERE'S UM, THREE THINGS THAT ARE NOT HERE, BUT THEY'VE SAID THAT THEY WOULD DO IT. ONE WAS THE DARK SKIES LIGHTING, AND I THINK THE APPLICANT TOLD US THAT THAT IS SOMETHING THEY'RE INTENDING TO DO. UM, THE, UH, REVIEW SITE TO BE STAFFED TO SEE IF THERE'S SPACE TO ADD ADDITIONAL TREES. THAT HAS BEEN DONE AND STAFF HAS MADE ITS RECOMMENDATION, UM, INSTALLING THE RECYCLING STATIONS, WHICH I BELIEVE THE APPLICANT HAD MENTIONED LAST TIME THAT THEY DO INTEND TO DO. AND THEN THERE WAS THIS INSTALLING THE ELECTRIC VEHICLE CHARGING SPACES, WHICH THE APPLICANT WAS UNCERTAIN ABOUT, CONSIDERING SORT OF THE REQUIREMENTS THAT WILL BE NEEDED TO MAKE IT, UM, HAPPEN. AND THAT WAS SOMETHING THAT THEY WERE STILL WILLING TO SORT OF THINK THROUGH. OKAY. ALRIGHT. UH, SO LET'S GO AHEAD AND TAKE A VOTE ON THIS. THOSE ON THE DICE IN FAVOR. UH, PLEASE RAISE YOUR HAND. OKAY. THAT'S EVERYONE. AND, UH, THOSE VIRTUALLY IN FAVOR. SHOW ME YOUR GREEN. I'M SEEING THREE, UH, THOSE, UH, OPPOSED. AND THOSE ABSTAINING. THAT IS THAT YELLOW VICE CHAIR. OKAY. ALL RIGHT. SO THAT IS 10 0 1. I GET MY NUMBERS CORRECT. OKAY. ALL RIGHT. THAT MOTION PASSES. ALL RIGHT. LET'S, UH, GO AHEAD IF WE CAN, UH, LOOKING AT WHAT WE HAVE LEFT, UM, LET'S GO AND TAKE A QUICK BREAK. IT'S 8 27. IF WE COULD GET FOLKS BACK HERE AT 8 35. UH, WE'LL COME BACK. THANK YOU. COME BACK. I'LL TAKE, ALL RIGHT, WE HAVE ONE MORE ITEM FOR DISCUSSION. UH, THIS IS ITEM [32. LDC Amendment: C20-2023-010 - Eliminate Minimum Parking Requirements] 32, BUT MR. RIVER, GET BACK. THANK YOU, CHAIR. WE WILL, I'M NOW HERE FROM, UM, STAFF ON A PRESENTATION, A SHORT PRESENTATION, UM, ORALLY. AND THEN WE WILL HEAR FROM, UH, SPEAKERS, EVENING CHAIR COMMISSIONERS, DAN HENNESSEY, TRANSPORTATION PUBLIC WORKS DEPARTMENT, UH, IN LIEU OF THE FULL PRESENTATION THAT WE HAD, I'M GONNA JUST GIVE A QUICK BRIEFING. I KNOW THIS ITEM WAS ORIGINALLY FOR CONSENT, UH, PULLED JUST A COUPLE HOURS BEFORE THE MEETING, SO HOPEFULLY I CAN JUST ADDRESS ANY QUESTIONS, BUT HAPPY TO, UH, GO THROUGH ANY OF THAT, THAT YOU'D LIKE TO HEAR. UM, ESSENTIALLY WHAT'S DIFFERENT FROM THE BRIEFING THAT YOU HEARD IN, UH, AT THE END OF AUGUST IS THAT THE LAW DEPARTMENT HAS REVIEWED THAT AND THE, UH, WRITING NOW REFLECTS THAT OF A LAWYER RATHER THAN AN ENGINEER. UH, SO A LOT OF TEXT HAS CHANGED. UH, SOME ADDITIONAL CATCHES WERE MADE. UM, BUT ESSENTIALLY IT REMAINS THE SAME FROM WHAT I PRESENTED TO YOU, UH, ABOUT SIX WEEKS AGO. UH, A COUPLE OF SPECIFIC CASES, UM, THAT WE CAUGHT THROUGHOUT, UM, REVIEW OF DIFFERENT PLANS IN THE CODE ITSELF. UM, THERE ARE PARKING REQUIREMENTS OUTSIDE OF THE CODE IN REGULATING PLANS, BOTH THE T O D REGULATING [02:15:01] PLANS AND THE, UH, OTHER REGULATING PLANS. UH, ALL FIVE OF THE REGULATING PLANS THAT EXIST TODAY REFER BACK TO THE LAND DEVELOPMENT CODE FOR ANY CHANGES TO PARKING REQUIREMENTS. SO REMOVING THESE REQUIREMENTS FROM THE CODE ACTUALLY REMOVE THE REQUIREMENTS FROM THOSE REGULATING PLANS. ALSO, HOWEVER, FOR CLARITY, WE WILL BE GOING BACK TO REVISE THOSE PLANS TO MAKE IT CLEAR THAT NO PARKING IS AVAILABLE. HOWEVER, IF A SITE PLAN WERE TO COME IN AFTER THE ADOPTION OF THIS WANTING, UH, A REDUCTION IN PARKING FROM THE CODE, WE COULD PROVIDE IT BASED ON THE, UH, CHANGES TO THE LAND DEVELOPMENT CODE WITHOUT CHANGING THE REGULATING PLANS. IF I WANTED TO CLEAR THAT UP, UM, THERE'S A SIXTH REGULATING PLAN CURRENTLY IN DEVELOPMENT, UH, FOR THE SOUTH CENTRAL WATERFRONT, UM, THAT THE PARKING LANGUAGE IN THAT HAS BEEN REVIEWED AND EDITED TO REFLECT THE, UM, PROPOSED CHANGES TO, UH, TITLE 25. UH, ANOTHER ITEM THAT I MENTIONED LAST TIME WAS A PROVISION IN TITLE 30 AROUND SUBDIVISION, UH, PLATTING IN THE E T J. UH, WE WERE PROPOSING TO CHANGE THAT, UH, CONSISTENT WITH A SIMILAR PROVISION, EXACT EXACTLY THE SAME PROVISION IN TITLE 25. UH, WE CANNOT DO THAT BY OURSELVES. WE NEED COUNTY TO AGREE TO THAT. UM, SO FAR WE'VE ENGAGED COUNTY STAFF. THERE HASN'T BEEN ANY PUSHBACK, BUT WE ALSO HAVEN'T GOTTEN THE GO AHEAD THAT THAT WILL HAPPEN. UM, AS STAFF, WE WILL CONTINUE TO FOLLOW UP AND PURSUE THAT BECAUSE WE DO WANT A UNIFIED SET OF DEVELOPMENT STANDARDS THROUGHOUT THE CITY. UH, IN THE NEIGHBORHOOD CONSERVATION COMBINING DISTRICTS, THERE ARE A NUMBER OF, UM, PARKING REQUIREMENTS RELATED TO, UH, MOSTLY TO DUPLEXES. THERE'S ALSO A COUPLE OF DISTRICTS, UM, HIGHLIGHTED IN A COUPLE OF THOSE. UH, WE WILL BE COMING BACK TO REVISE THOSE IN ORDER TO MAINTAIN CLARITY AROUND THIS CHANGE AND TO NOT MUDDY THE WATERS WITH CHANGING MORE DOCUMENTS THAN WE NEED TO AT ONE TIME. UH, WE'RE NOT PROPOSING THOSE CHANGES RIGHT NOW, JUST TO NOT OPEN UP MORE DOCUMENTS THAN, UH, AND ESPECIALLY GIVEN THE, UM, NATURE OF THIS CHANGE, UH, WE WANTED TO MAKE SURE THAT WE, WE GOT IT DONE AS QUICKLY AS POSSIBLE. UM, THE CODE LANGUAGE ALSO PROVIDES, UM, THE PROPOSED CODE LANGUAGE PROVIDES, UH, THE POWER FOR THE DIRECTOR TO WAIVE THOSE REQUIREMENTS AS NECESSARY. SO IN THE INTERIM, AGAIN, UM, WE, THOSE PARKING REQUIREMENTS WON'T NECESSARILY BE IN PRACTICE, EVEN IF THEY'RE STILL WRITTEN IN THOSE, UH, THOSE ORDINANCES. BUT WE WILL COME BACK AND CLEAN THAT UP SO THAT THERE'S NO CONFUSION OVER THAT. UH, LASTLY, UM, WE GOT CLARITY ABOUT PLANNING AND DEVELOPMENTS AND WHAT THE REQUIREMENTS WOULD BE FOR THOSE, ESPECIALLY FROM OUR LAW DEPARTMENT. UH, FOR ANY PARKING REQUIREMENTS THAT ARE AN ELEMENT OF SUPERIORITY, THOSE WILL REMAIN. UM, AND THOSE WILL NEED A CITY COUNCIL AMENDMENT TO, UH, BE CHANGED. UH, THERE'S REALLY NO WAY AROUND THAT. IF IT'S AN ELEMENT OF SUPERIORITY THAT, UH, BY DEFINITION IN THE CODE IS A SUBSTANTIAL AMENDMENT, SUBSTANTIAL AMENDMENTS NEED TO BE APPROVED BY COUNCIL. IF IT'S NOT AN ELEMENT OF SUPERIORITY, IT WILL STILL NEED A WRITTEN AMENDMENT. BUT THAT CAN BE ADMINISTERED BY STAFF THROUGH THE POWERS GRANTED. UH, IN THAT CHAPTER OF THE CODE TO THE DIRECTOR, UH, AGAIN, AMENDMENT WILL NEED TO BE WRITTEN TO CONFIRM AND, AND BE, UH, ATTACHED TO THE ORDINANCE, UH, APPROVING THE PUD. BUT, UM, STAFF CAN AMEND THAT WITHOUT COUNSEL. ACTION. UM, IN TERMS OF THE HEARINGS THAT WE'VE DONE TO DATE, UH, SINCE I LAST BRIEFED YOU, UM, THE CODES AND ORDINANCES JOINT COMMITTEE APPROVE THIS BY A VOTE OF FIVE TWO. THERE IS A MOTION TO ADJUST SOME LANGUAGE IN SECTION 25 6 4 71. THAT SECTION WAS ALMOST ENTIRELY REWRITTEN. UM, SO I DON'T KNOW THAT THERE'S A DIRECT APPLES TO APPLES COMPARISON BASED ON WHAT THAT COMMISSION SAW, UH, JUST THREE WEEKS AGO. UM, AND THEN THE URBAN TRANSPORTATION COMMISSION LAST TUESDAY, UH, VOTED TO, UH, SUPPORT STAFF RECOMMENDATION BY A VOTE OF EIGHT TO ZERO. THEY ALSO INCLUDED IN THEIR RESOLUTION, UH, A RECOMMENDATION TO COUNCIL TO INCREASE BICYCLE PARKING AS PART OF THIS. UH, I LET THEM KNOW THAT WE WOULD BE INTERESTED IN ENTERTAINING THAT AS A POLICY DISCUSSION, BUT AGAIN, WANTED TO MAKE SURE THAT THIS GOT THROUGH. THERE'S NO REASON THAT WE CAN'T DO THAT, UM, AT ANY FUTURE, YOU KNOW, SET OF HEARINGS AROUND, UH, FOR THE PLANNING COMMISSION AND CITY COUNCIL, BUT AGAIN, DIDN'T WANNA MUDDY THE WATERS WITH THE SPECIFIC DIRECTION THE COUNCIL GAVE US. THANK YOU FOR THE OPPORTUNITY TO BE HERE. THANK YOU, CHAIRMAN JUAN SPEAKERS, WE HAVE MR. YATES PRESENT TO PROVIDE REMARKS ON THIS ITEM. MY NAME IS MALCOLM YATES. I HAVE BEEN A RESIDENT OF AUSTIN FOR 38 YEARS. YOU CAN ELIMINATE THE PARKING REQUIREMENTS, BUT YOU CANNOT ELIMINATE THE REQUIREMENT FOR CARS. AUSTIN HAS DEVELOPED AS A LOW DENSITY CITY WITHOUT [02:20:01] ADEQUATE MASS TRANSPORTATION SYSTEM. THE PROPOSED LIGHT RAIL SYSTEM WILL ONLY SERVICE A TINY SECTION OF THE AREA AND POPULATION OF AUSTIN, AND THIS SYSTEM WILL STILL BE YEARS AWAY FROM OPERATION AUSTIN. CITIZENS CANNOT GIVE UP THEIR CARS. ELIMINATING ADEQUATE PARKING FOR RESIDENTS WILL ONLY INCREASE THE FLIGHT OF THE MIDDLE CLASS AND BUSINESSES TO THE SUBURBS. WE HAVE ALREADY EXPERIENCED WHAT WILL HAPPEN WHEN INADEQUATE PARKING MEETS DENSE DEVELOPMENT. THIS PHOTO IS A PHOTO OF THE RESIDENTIAL STREET ONE BLOCK EAST OF CONGRESS. THERE'S BARELY ROOM FOR TWO CARS TO PASS, AND THERE IS NO ROOM FOR BICYCLES. THE RESIDENTIAL NEIGHBORHOODS ALONG SOUTH CONGRESS AVENUE HAVE COMPLAINED FOR YEARS ABOUT THE PARKING NIGHTMARE CREATED BY PATRONS OF SOUTH CONGRESS BUSINESSES. NOW THE SITUATION WILL BE SPREAD TO THE ENTIRE CITY. RESIDENTIAL STREETS WERE NEVER DESIGNED TO HANDLE THE DENSITY THAT CITY COUNCIL IS NOW TRYING TO IMPOSE ON THE ENTIRE CITY. ELIMINATING THE PARKING REQUIREMENT WILL DECREASE THE QUALITY OF LIFE IN AUSTIN, BUT IT WILL NOT ATTRACT THE ANTICIPATED NEW RESIDENTS. PREVIOUS COUNCILS CREATED PARKING REQUIREMENTS DUE TO THE DEMAND OF AUSTIN CITIZENS. PLEASE LISTEN TO THE CITIZENS OF AUSTIN AND DO NOT RECOMMEND ELIMINATING PARKING REQUIREMENTS. THANK YOU, CHAIR. THAT CONCLUDES THE SPEAKERS ON THIS ITEM. ALRIGHT, JUST, UH, POINT OF ORDER HERE. UH, DO WE STILL HAVE Q AND A? 'CAUSE I KNOW WE HAD THIS PRESENTATION, SO WE STILL OKAY. ALRIGHT. ALRIGHT. UH, AND DO WE NEED TO CLOSE PUBLIC HEARING? YES. THANK YOU. ALL RIGHT. DO I HAVE A MOTION TO CLOSE PUBLIC HEARING? COMMISSIONER WOODS SECOND BY COMMISSIONER MAXWELL. ANY OPPOSITION? SEEING NONE. WE'LL GO AHEAD AND MOVE INTO OUR Q AND A. UH, HE WANTS TO START US OUT. UM, I'LL GO AHEAD. COMMISSIONER CONLEY, GO AHEAD. SO, YEAH, I HAVE A, A FEW QUESTIONS FOR STAFF. UM, ONE, I THINK PRIMARILY I JUST WANT TO BETTER UNDERSTAND WHAT THE THINKING WAS AROUND EXCLUDING, UM, CCDS FROM THE, UH, UM, ELIMINATION OF THE PARKING MINIMUMS I WANT. WAS THERE ANYTHING TO THAT EFFECT IN THE ORIGINAL COUNCIL DIRECTION? UM, OR WAS THAT SOMETHING THAT EMERGED ON STAFF'S END ONLY THAT IT WOULD REQUIRE US, UM, ESSENTIALLY OPENING UP MORE DOCUMENTS AND CREATING POTENTIAL WAYS THAT THIS COULD, I DON'T KNOW, FIND FRICTION BEFORE GETTING PASSED. UM, FOR ALL INTENTS AND PURPOSES, THE MINIMUM PARKING REQUIREMENTS IN THE CCDS WILL BE ELIMINATED BY THE ABILITY FOR THE DIRECTOR TO WAIVE THOSE REQUIREMENTS. UM, THEY'RE JUST NOT, IT'S NOT GONNA BE DOCUMENTED IN THE N C C D ORDINANCE UNTIL WE GO BACK AND FIX THAT. SO, UM, RATHER THAN TRYING TO EDIT, UH, 13 DOCUMENTS AT ONCE, WE'RE GONNA EDIT ONE AND GO BACK AND CLEAN UP THE REST. BUT THAT GRANTS THE ABILITY TO WAIVE THEM, BUT IT, IT BASICALLY TIES IT TO, YOU KNOW, AN INDIVIDUAL DECISION. AND THE POLITICAL PRESSURES THAT MAKE THIS CHALLENGING RIGHT NOW, ONLY IT WILL HAPPEN ON A CASE BY CASE BASIS. THAT'S FAIR. MAYBE FOR THE CONTEXT I, THE LIST OF WHERE PARKING REQUIREMENTS REMAIN IN REGULATING PLANS AND ORDINANCES IS PARTIALLY THERE TO INFORM COMMISSIONS AND COUNCILS ABOUT WHAT WE LOOKED AT AND WHERE THEY'RE AT. THEY'RE ALSO PARTIALLY THERE TO REMIND ME IN EARLY 2024 TO GO BACK AND START THE PROCESS TO EDIT ALL OF THOSE. SO, UH, I EXPECT THAT THE INTERIM PERIOD WHERE THOSE REMAIN IN THOSE REGULATING PLANS AND ORDINANCES TO BE FAIRLY SHORT ON THE ORDER OF MONTHS, NOT YEARS UNDERSTOOD. AND, BUT WHY NOT JUST SUPERSEDE, UM, WHATEVER IS, YOU KNOW, WITHOUT NECESSARILY OPENING DOCUMENTS IN MAKING EDITS. SO THAT IS PART OF THE LANGUAGE IN 25 6, 4 71, IS THAT THE ELIMINATION OF PARKING REQUIREMENTS DOES SUPERSEDE, UH, ANY, UM, PARKING REQUIREMENT, MINIMAL PARKING REQUIREMENTS IN THOSE DOCUMENTS. HOWEVER, IT'S GONNA BE CONFUSING FOR FOLKS TO HAVE THOSE, UM, YOU KNOW, DIFFERING PARKING REQUIREMENTS IN DIFFERENT DOCUMENTS. AND SO WE DO WANT TO CLEAN IT UP FOR CLARITY COMING BACK. SO AGAIN, WE THINK WE CAUGHT IT. WE HAVE THE POWER OF THE DIRECTOR TO WAIVE ANYTHING THAT WE DIDN'T CATCH. UH, BUT WE ARE GONNA GO BACK AND EDIT EVERYTHING SHORTLY. OKAY. UM, WELL I, THAT'S PRETTY MUCH MY MAIN QUESTION. THANK YOU. UM, I DON'T KNOW IF OTHER COMMISSIONERS HAVE QUESTIONS, BUT OKAY. UM, WHO ELSE OWE THE REST OF MY TIME? SO WHO IS NEXT? SOMEBODY HAD THEIR HAND UP. COMMISSIONER ANDERSON. HEY, THANKS FOR BEING HERE. THANKS FOR ALL YOUR WORK ON THIS. SO I THINK WHAT YOU'RE SAYING IS RIGHT NOW WE FEEL THAT WE'RE IN A POSITION WHERE THERE'S [02:25:01] NOWHERE IN THE CITY THAT PARKING IS REQUIRED. THAT'S THE GOAL. AND IF WE MISSED IT, THEN THE DIRECTOR HAS THE ABILITY TO, TO WAIVE THAT. YEAH, THANKS FOR SAYING THAT PLAINLY. OKAY. AND IS THAT INCLUDED IN PUDS THAT HAVEN'T BEEN FINISHED YET? YES. OKAY. YEAH, IF THEY'RE NOT ADOPTED ORDINANCES, THERE'S NO REASON THAT, UM, YOU KNOW, THE PARKING REQUIREMENTS THAT ARE IN PLACE AT THE TIME OF THE ADOPTION WOULD, UM, WOULD TAKE EFFECT. AND IF THERE'S NO SPECIFIC REQUIREMENTS IN ADDITION TO THE L D C, UM, THEN THERE WOULD BE NO ADDITIONAL PARKING REQUIREMENTS AS PART OF A PUT. SO, YEAH. OKAY. THANK YOU. YOU'RE WELCOME. ALRIGHT. UH, COMMISSIONER MAXWELL. YEAH, THAT'S SORT OF, UM, FIRST OF ALL, I WANNA ECHO THANK YOU FOR ALL THE WORK ON THIS. I KNOW IT'S BEEN, UM, A LITTLE BIT OF A, HOW SHOULD I WHACK-A-MOLE TO FIND ALL THE PLACES WHERE WE NEEDED TO DEAL WITH THIS IN PARKING REGULATIONS SPECIFICALLY. AND I GUESS I AM CURIOUS ABOUT THE TIMING. UM, SHOULD THIS MOVE FORWARD AND BE APPROVED BY COUNSEL, WE'LL OBVIOUSLY HOPEFULLY START TO SEE THE IMPACT OF, UH, ELIMINATING THE MINIMUMS FAIRLY QUICKLY. SO FOR EXAMPLE, THINGS THAT ARE CURRENTLY IN SITE PLAN, THINGS LIKE THAT. HAVE YOU ALL TALKED TO D SS D AND HOW THAT WILL BE HANDLED? UM, NOT SPECIFICALLY. SO THE TYPICAL PROCESS IS THAT, UM, IF YOUR SITE PLAN COMES IN AFTER AN ORDINANCE IS ADOPTED, THOSE ARE THE RULES YOU FOLLOW? UH, I THINK THAT FOR THE PURPOSES OF THIS STAFF WOULD UNDERSTAND COUNCIL DIRECTION AND THE DIRECTION THAT WE AS A DEPARTMENT WANT TO MOVE IN AND WOULD ENFORCE THAT MOVING BACKWARD. AGAIN, USING THAT KIND OF POWER OF THE DIRECTOR TO WAIVE PARKING REQUIREMENTS. UM, I SAY THAT PRETENDING THAT STAFF IS A UNIFORM BODY WILL HAVE TO CATCH ROGUE ACTORS . UM, BUT YEAH, ACROSS THE BOARD STAFF'S EXCITED ABOUT THIS CHANGE. EXCELLENT. AND THEN, UM, SORT OF A RELATED QUESTION, GIVEN THERE'S SOME UN UH, LIKE SHALL WE SAY WE'RE WORKING THROUGH THE CLARITY OF LIKE PUDS AND CCDS AND THINGS LIKE THAT, ARE YOU EXPECTING THAT WE WILL SEE SOME CASES POTENTIALLY HERE IN COUNCIL TO SORT OF DEAL WITH SOME OF THESE CLEANUP ITEMS AS WE GET SOME CASES EDGE CASES? OR IS THE HOPE THAT WE WILL BASICALLY HAVE FIGURED THIS OUT COMPLETELY? ARE YOU SPEAKING SPECIFICALLY ABOUT PUDS OR ANYTHING? I GUESS JUST IN GENERAL. I THINK ONLY PUDS WOULD HAVE TO COME BACK TO YOU OR TO COUNSEL EVERYTHING ELSE WE CAN HANDLE ADMINISTRATIVELY. EXCELLENT. THANK YOU SO MUCH. THOSE ARE ALL MY QUESTIONS. ALRIGHT. UH, COMMISSIONER ZA AND THEN COMMISSIONER MUTAL. COMMISSIONER AL CAN GO AHEAD HAND. OKAY. COMMISSIONER MOTO, GO AND GO NEXT. THANK YOU. I DON'T KNOW IF THIS WOULD GO TO MR. YATES OR OUR STAFF, BUT WE'RE TALKING ABOUT PARKING MINIMUMS, NOT PARKING MAXIMUMS. AND SO I KIND OF WANNA UNDERSTAND, UM, UH, IF THERE IS STATE LAW THAT THEN FALLS INTO PLACE ON MINIMUMS IF WE'RE, SO IF WE REMOVE ALL OF OUR GUIDEPOSTS, ARE WE STILL HELD BY CERTAIN STATE LAWS? NOT I'M, THAT MAYBE OUR STAFF HAS THAT KNOWLEDGE? NO, THE, THE CHOICE OF PARKING REQUIREMENTS IS COMPLETELY UP TO US AS A LOCAL JURISDICTION. OKAY. OKAY. THANK YOU. AND THEN, UM, MY, MY NEXT QUESTION THEN IS ON UNDERSTANDING A LITTLE BIT MORE OF THE HISTORICAL CONTEXT ON WHY THIS IS IN OUR CODE. UH, AND LIKE I SAID, THAT , THAT'S WHY I SAID IT MIGHT BE IF MR. YATES IS STILL IN ATTENDANCE, THAT THAT MIGHT BE A GOOD QUESTION FOR A 38 YEAR RESIDENT. YEAH, IF YOU'D LIKE TO ANSWER. UM, I THINK THAT THIS WAS A QUALITY OF LIFE ISSUE FOR, UH, RESIDENTS. UM, AND THAT'S WHY I HAD THAT PHOTO OF, UH, THE STREET RIGHT NEXT TO CONGRESS IS THAT THAT'S WHAT HAPPENS WHEN YOU HAVE NO PARKING, BUT YOU STILL HAVE NO TRANSPORTATION SYSTEM, IS THAT PEOPLE STILL ARE FORCED TO USE THEIR CARS. AND THE CURRENT RESIDENTS IN RESIDENTIAL NEIGHBORHOODS ARE GOING TO SUFFER BECAUSE THEIR STREETS ARE GOING TO BE JUST CROWDED WITH CARS. AND WE'VE HAD THIS INSTANCE BEFORE, THIS SITUATION WHERE THE, UH, NEIGHBORHOODS AROUND SOUTH CONGRESS HAVE ASKED FOR, I ASKED COUNCIL FOR SOME KIND OF PARKING PERMITS FOR THEIR AREAS. AND YOU, YOU ARE GONNA HAVE MORE OF THIS KIND OF, UH, SITUATION SHOW UP IF, IF THIS PASSES BECAUSE THE, THE CARS ARE STILL GOING TO BE THERE, BUT THE PARKING SPACES WON'T. THANK YOU. UM, UH, QUESTION, MY LAST QUESTION FOR STAFF. YOU SAID THAT WE HAVE A DISCREPANCY BETWEEN THE N C C CCDS AND THE CODE THAT'S GONNA GO BACK AND GET UNIFIED AFTER THE FACT, AND THAT THE DIRECTOR [02:30:01] HAS THAT OVERSIGHT. BUT YOU ALSO SAID THERE WAS SOME POLITICAL PUSHBACK OR SOMETHING. COULD YOU EXPLAIN WHAT THAT WAS ABOUT? I THINK THAT CAME AS A QUESTION FROM ONE OF THE COMMISSIONERS. I, I, THERE COULD BE, UM, WHAT FRANKLY WE WERE TRYING TO DO WAS, UM, IN A FAIRLY AGGRESSIVE SCHEDULE, MAKE SURE THAT THIS CHANGE OCCURRED BY THE END OF THE YEAR. UM, IF YOU WANT TO, IF YOU THINK THAT THE PROCESS WAS IMPROPER, BLAME ME FOR THAT. I PROPOSED THIS SOCIAL PROCESS. NO, I JUST DIDN'T KNOW WHY. YEAH. I'M JUST TRYING TO GET SOME CONTEXT AROUND THE NO, MOSTLY IT WAS DONE OUT OF CONCERN, OUT OF SIMPLICITY AND CLEANEST PATH TO IMPLEMENTATION FOR THE PURPOSES OF REMOVING PARKING REQUIREMENTS. WE COULD HAVE TRIED TO, YOU KNOW, LIKE I SAID, EDIT 12 PLUS DOCUMENTS AT THE SAME TIME. AND THAT SEEMED LIKE EVEN MORE CHAOS. AND THEN, SO DO WE HAVE, I GUESS MY LAST QUESTION THEN IS ON A D A PARKING REQUIREMENTS. YEAH. UH, WHAT DO WE, WHAT DO WE HAVE THAT'S GONNA COVER? YEAH. THE, THE ACCESSIBLE SPACE REQUIREMENTS REMAIN IN THE CODE. AND BY WAY OF HOW WE HANDLE THAT, THEY'LL ACTUALLY BE SLIGHTLY STRENGTHENED. UM, SO RIGHT NOW, UH, THE, THE NUMBER OF ACCESSIBLE SPACES REQUIRED TO BE PROVIDED IS BASED ON THE NUMBER OF SPACES ACTUALLY PROVIDED, UH, IN THE ENTIRE PARKING LOT OR STRUCTURE. OKAY. WHAT WE'RE GOING TO DO THAT ALLOW, THAT INCLUDED ANY REDUCTIONS AVAILABLE TO, UH, DEVELOPMENT APPLICANTS. UM, SO THEY COULD, THEY WOULD BASE IT NOT OFF THE PARKING MINIMUMS THEMSELVES, BUT ON THE SPACES THAT WERE ACTUALLY PROVIDED. RIGHT. WE ARE GOING TO HAVE THEM BASE THAT CALCULATION OFF THE PARKING MINIMUMS THAT SHOULD THIS MOVE FORWARD WOULD BE FORMALLY HAVE BEEN REQUIRED. SO THOSE REDUCTIONS ARE, WILL BE REMOVED. THE CONSEQUENCES OF THAT IS THAT, UH, PARKING STRUCTURE OR LOT THAT PROVIDES FEWER THAN 25 SPACES WILL HAVE NO CHANGE IN THE NUMBER OF ACCESSIBLE SPACES REQUIRED BETWEEN 26 AND 524 SPACES. THAT CHANGE WILL BE BETWEEN ZERO AND TWO ADDITIONAL, UH, ACCESSIBLE PARKING SPACES. AND THEN FOR LARGER LOTS AND STRUCTURES, THAT NUMBER KIND OF LINEAR LINEARLY INCREASES MORE. I WAS GONNA ASK, IS THERE, YEAH. IS THERE A CALCULATION ATTACHED? BECAUSE THERE'S SUCH A BIG DIFFERENCE BETWEEN A SMALL, UH, POCKETED COMMERCIAL RETAIL VERSUS SOME OF THE, THE, YOU KNOW, LARGER CENTERS THAT WE ALSO LOOK AT. IT ESSENTIALLY INCREASES ONE SPACE FOR EVERY A HUNDRED PARKING SPACES PROVIDED ABOVE A THOUSAND. OKAY. SO IT'S STILL A LITTLE BIT ON THE SMALL SIDE FOR LARGER SCALE PROJECTS. YEAH. SO THE TOTAL AMOUNT FOR ANY SPECIFIC PROJECT WILL NOT, WILL, WOULD STILL INCREASE THE NUMBER OF ACCESSIBLE PARKING SPACES REQUIRED, BUT THAT CHANGE IS LESS THAN 1% FOR EVERY YEAH. DEVELOPMENT. SO IT'S A SLIGHT INCREASE FOR SIMPLICITY. UH, THAT WAS KIND OF THE CLEANEST WAY TO DO IT WITHOUT, UH, AFFECTING NEGATIVELY THE PROVISION OF ACCESSIBLE SPACES. OKAY. THANK YOU. UM, WHO ELSE? COMMISSIONER ZA. THANK YOU CHAIR. UM, I, I REALLY APPRECIATE YOU WALKING THROUGH AND HELPING US THINK THROUGH HOW TO SORT OF ADDRESS THE ISSUE FROM AN N C C D PERSPECTIVE. AND I THINK I, I AGREE WITH WHAT YOU'RE SAYING, RIGHT? THAT WE OPEN UP THE THINGS AND IT'S ALL THE REGULATING PLANS, ALL THE NCC DOCUMENTS, THAT'S A LOT OF THINGS. IN THE PAST WE'VE HAD PROVISIONS WITHIN CODE, UM, AMENDMENTS AND SORT OF CERTAIN ORDINANCES WHERE WE'VE ESSENTIALLY SAID THAT WHATEVER WE'RE WORKING ON THAT ARTICLE GOVERNS OVER OTHER SECTIONS WITHIN THAT TITLE, BUT ALSO OTHER ORDINANCES. SO IF THEY'RE CONFLICTING PROVISIONS, IT GOVERNS OVER THEM. DO YOU SEE A CONCERN WITH DOING SOMETHING LIKE THAT THAT WOULD ALLOW US TO PUT SOMETHING IN THERE TODAY TO ADDRESS THE N C C D ISSUES WHICH WERE ADOPTED THROUGH ORDINANCE WITH STILL GIVING YOU ALL THE TIME AND CAPACITY TO GO BACK AND AMEND THE ACTUAL ORDINANCES THEMSELVES? THAT THAT IS INCLUDED IN THE PROPOSED 25 6 4 71 SECTION TO OVERRIDE, UH, REGULATING PLANS AND AND C C D REQUIREMENTS? I'M SORRY, CAN YOU NAME THE SECTION AGAIN? 25 6 4 71. THAT IS THE FIRST SECTION ABOUT OFF STREET PARK MM-HMM. . SO AS I'M READING THIS, IT SAYS, THIS SECTION APPLIES TO ALL GUS AND TO SPECIFIC REGULATING PLANS, TRANSIT ORIENTED DEVELOPMENT IN NEIGHBORHOOD CONSERVATION COMBINED DISTRICTS THAT INCORPORATE THIS CHAPTER BY REFERENCE. UM, AND THEN WITH THE END, WE SAY A PLAN UNIT DEVELOPMENT THAT INCLUDES SPECIFIC OFFSITE PARKING REQUIREMENT CONTROLS OVER THIS ARTICLE. SO I GUESS MY QUESTION HERE IS, IF YOU ARE SAYING INDEED THAT THIS GOVERNS OVER THE CCDS, THEN WHY WOULD YOU SAY THAT WE'RE NOT REMOVING PARKING REQUIREMENTS FROM THE CCDS? I, I MEAN, LITERALLY WE'RE NOT TAKING THE TEXT OUT OF THE CCDS WITH THIS PASSAGE, BUT WE WILL COME BACK AND, AND MODIFY THOSE DOCUMENTS. BUT DO I UNDERSTAND THIS CORRECTLY? LET'S BREAK IT DOWN FOR THE 11TH. AND SO UPON [02:35:01] ADOPTION, LET'S SAY COUNCIL ADOPTS THIS ON WHATEVER DATE, AND THIS GOES INTO ENACTED, IF AN APPLICANT COMES ON 11TH AND 12TH STREET N C C D, THEY WILL NOT BE REQUIRED TO HAVE A MINIMUM PARKING. CORRECT? THAT'S RIGHT. AT THE SAME TIME, YOU HAVE NOT DONE ANY OF THE N C C D WORK ON THE OTHER NCCD AS IF SOMEONE COMES FOR THE OTHER CCDS PULLS, IT PUTS IN A SITE PLAN. WOULD THEY STILL BE REQUIRED TO PROVIDE THE PARKING WITHIN THOSE? NO. SO EVEN THOUGH YOU HAVE NOT AMENDED THE N C C D, THAT WOULD STILL BE RIGHT. SO THAT'S PARTIALLY COVERED BY THAT SECTION AND PARTIALLY COVERED BY THE DIRECTOR ABILITY TO WAIVE PARKING REQUIREMENTS FULL STOP. GOT IT. I'LL BE HONEST, I THINK THEN THE PRESENTATION IS A LITTLE CONFUSING BECAUSE IN THOSE, THOSE OTHER CCDS APART FROM 11TH AND 12TH ARE BOLDED AND THE BACKUP ALMOST INDICATES THAT THEY'RE CURRENTLY NOT PART OF THIS CONVERSATION. YEAH, SORRY, SORRY IF THAT WAS CONFUSING. THE 11TH AND 12TH CCDS WILL NOT REQUIRE ANY CHANGES. THOSE OTHER FOUR WILL TO CLEAN UP TO BE CONSISTENT WITH THIS CHANGE TO ELIMINATE MINIMAL PARKING REQUIREMENTS. SO THOSE WE WILL HAVE TO COME BACK TO 11TH AND 12TH CAN BE WHAT THEY ARE. AND, BUT WHAT I'M HEARING VERY CLEARLY FROM YOU IS THAT REGARDLESS THE WAY IT IS DRAFTED, EVEN BEFORE WE HAVE MADE THOSE AMENDMENTS TO THOSE OTHER N C C D ORDINANCES, THIS TITLE WILL GOVERN OVER ALL CCDS REGARDLESS OF WHETHER THEY REFER BACK TO THE PARKING TABLE OR NOT. THAT'S CORRECT. OKAY. SO ESSENTIALLY, I'M SORRY, I JUST REALLY WANNA MAKE SURE THAT I DO NOT MISS ANYTHING HERE. ONCE WE'RE DONE WITH THIS APPROVAL AND COUNCIL IS DONE WITH APPROVAL, ESSENTIALLY WE WILL HAVE ELIMINATED PARKING IN ALL THE CCDS AS WELL WITH OF COURSE CLEANUP REMAINING ON DOING THAT WORK. THAT'S RIGHT. OKAY. THANK YOU VERY MUCH. I APPRECIATE THAT. UH, ANYONE ELSE? ALL RIGHT. UH, WE WERE AT FIVE. I'M GONNA, I JUST, UH, I HAD A QUESTION AND, UH, THIS IS FOR OUR EXOFFICIO, UM, CANDACE HUNTER. UH, JUST WANNA HOW, AND, AND MAYBE STAFF, I'M JUST TRYING TO, HOW WOULD THIS IMPACT SCHOOLS CURRENTLY? UM, I GUESS THEY CAN PUT IN WHATEVER PARKING IF THEY'RE BUILDING A NEW SCHOOL THAT THEY DEEM NECESSARY, BUT IT'S NOT REQUIRED. SO FOR A I S D SCHOOLS, THEY HAVE A TOTALLY SEPARATE SET OF, UH, AGREEMENTS WITH THE CITY, AND THERE ARE A WHOLE BUNCH OF THINGS THAT DON'T APPLY TO THEM. UM, I IMAGINE MINIMUM PARKING REQUIREMENTS THAT EXISTED PREVIOUSLY WOULD FALL INTO THAT. UM, BUT YES, THIS, THIS WOULD BROADLY APPLY TO THEM. I DON'T KNOW IF THERE'S A SPECIFIC MINIMUM PARKING REQUIREMENT IN THEIR AGREEMENT WITH THE CITY. UM, BUT AGAIN, WE WOULD LOOK TO WAIVE IT IF, IF THAT DID EXIST. OKAY. I DON'T KNOW. UM, UM, BOARD OF TRUSTEE HUNTER, ANY CONCERNS OR COMMENTS ABOUT THIS OR ON ITS IMPACT ON SCHOOLS THAT YOU'RE AWARE OF? SO NOT, YES, THANK YOU. UM, NOT ON NEW BILLS, BECAUSE AGAIN, LIKE WE SAID THERE, THERE CAN BE A WAIVER. THERE'S OTHER THINGS THAT CAN COME INTO PLACE. I GUESS MY CONCERN IS GONNA RESULT IN THOSE SCHOOLS THAT ARE ALREADY IMPACTED BY ON STREET PARKING. AND I'M THINKING SPECIFICALLY OF WHERE MY KIDS WENT TO SCHOOL, MAPLEWOOD, RIGHT? SO PEOPLE PARKING ALONG 38TH, NEARLY TO 35 TO WALK THEIR KIDS TO SCHOOL. IF WE SAY, UM, THERE'S A NEW BUILD NEAR THERE AND THAT ON STREET PARKING IS TAKEN UP BY SOMETHING ELSE, THEN PARENTS ARE PARKING FURTHER AWAY, CHILDREN ARE CROSSING WITH MORE TRAFFIC. SO, UM, I ASKED STAFF A QUESTION ABOUT, UH, TRAFFIC STUDIES, AND I WAS TOLD THAT NO TRAFFIC STUDIES HAD BEEN DONE, BUT THAT THERE WAS, UM, THAT THEY ANTICIPATED AN INCREASE IN THE DEMAND FOR ON STREET PARKING. SO FOR ME, THOSE SCHOOLS THAT ARE IN THE CORE, I'M THINKING OF BLACK SHARE. I'M THINKING, UM, WHEN PEACE COMES BACK AS A, A KINDERGARTEN OR AS A, UM, DAYCARE CENTER, THOSE FACILITIES WILL BE IMPACTED. OKAY. THANK YOU. I I WANTED TO KIND OF SEE WHAT THE A I C WAS THINKING ON THIS. UM, AND THEN JUST CHECKING. NO, I THINK THAT'S ALL OF MY QUESTIONS WERE ANSWERED, UH, DURING THE OTHER Q AND A. ALL RIGHT. ANY OTHER COMMISSIONERS? YES, CHAIR COHEN. I, I ACTUALLY HAD A QUESTION FOR US, LIKE, SINCE WHILE WE'RE DOING THIS, WOULD IT BE POSSIBLE TO ALSO OFFLOAD LOADING VARIANCES AND MAKE THAT LIKE A DIRECTOR'S ADMINISTRATIVE DECISION? BECAUSE WITHOUT THE PARKING VARIANCES, IT'S KIND OF POINTLESS TO SEND TO THE BOARD OF ADJUSTMENT. IT'S JUST EXTRA TEXT THAT WE'LL NEVER USE. UH, DO YOU WANT TO FILL US IN THERE IN THE TIME YOU HAVE ON WHAT YOU'RE REFERRING TO? UH, IF YOU WANNA LIKE, LIKE 25 2 4 7 4 IS A, [02:40:01] IS A REAL GOOD EXAMPLE WHERE OUR FINDINGS ARE. SO LIKE THE CURRENT OPTION IS YOU COME BEFORE YOU GET A PARKING VARIANCE FROM THE MINI MINIMUM REQUIRED PARKING, OR YOU CAN DO A LOADING VARIANCE. UH, I'VE READ ONE AND I, I LIKE IN THE PAST, BUT I'VE NEVER HAD ONE WHILE I'VE BEEN ON THE BOARD. SO WHY NOT JUST GET RID OF THAT TEXT ALL TOGETHER AND LET IT BE AN ADMINISTRATIVE DECISION? I, I, SHOULD WE PUT THIS TO STAFF TO GET THERE AND PUT ITEM ? I JUST THROW WRENCH. UM, THE ONLY WRENCH IS THAT COUNCIL DIRECTED US TO REMOVE MINIMUM PARKING REQUIREMENTS PARKING, AND I TRIED TO DO AS LITTLE OTHER THINGS AS POSSIBLE THAT'S CORRECT. IN VINING THE CODE. SO I DON'T SEE AN ISSUE WITH THAT, BUT IT'S NOT WHAT COUNCIL TOLD US TO DO. SOMETHING WE RECOMMEND WHEN WE SEND THIS UP AS MAYBE LIKE A EITHER AN AMENDMENT OR A RECOMMENDATION? YES. I MEAN, WE CAN DEFINITELY PUT AMENDMENTS, UH, AND YOU CAN PUT FORTH AN AMENDMENT BECAUSE THAT WOULD ALLOW LIKE THE, THE STRIKING OF LIKE THE ENTIRE SECTION, INSTEAD OF HAVING TO PULL OUT EVERYTHING THAT SAYS MINIMUM PARKING REQUIREMENT, JUST LEAVING LOADING VARIANCE. SO, UH, I WOULD, UH, BEGIN FORMULATING YOUR AMENDMENT. UH, OKAY. 'CAUSE WHAT WE'LL DO IS WE'LL GET A BASE MOTION LIKE WE DO WITH THESE CODE, UH, CHANGES, AND WE'LL BUILD ON THAT BASE WITH AMENDMENTS AND VOTE ON THEM AND SEE WHAT, AND I'LL SEE IF I CAN GET ONE OF THE OTHER COMMISSIONERS TO PICK IT UP AND SURE. PRESENT IT. OKAY. YES. COMMISSIONER ANDERSON BASE MOTION. ARE YOU READY? READY. ALL RIGHT. WELL, LET'S HOLD ON ONE SECOND EVERYBODY. ARE WE DONE WITH Q AND A? YOU HAD A QUESTION? NO. OKAY. I'M LOOKING AROUND. UH, OKAY. I THINK WE'RE FINISHED WITH THE Q AND A. UH, SO LET'S GO AND ENTERTAIN A BASE MOTION, MOVE APPROVAL, STAFF RECOMMENDATION. ALL RIGHT. WE GOT A SECOND BY COMMISSIONER ZA, AND I WAS, OH, DID YOU WANT A SECOND? I'M SORRY. SECONDED BY MAXWELL . YOU, THAT'S WHAT YOU WERE TRYING TO GET MY ATTENTION. I QUITE UNDERSTAND. I'M GONNA GIVE, SHE WAS WAVING AT ME. I'M GONNA GIVE THE SECOND TO COMMISSIONER MAXWELL. THAT'S WHAT I, YOU'RE SO FAR AWAY. IT'S, SORRY. ANYWAY, I SHOULD HAVE, UH, RECOGNIZED YOU. OKAY. ALL RIGHT. SO WE HAD THE BASE, UH, COMMISSIONER, UM, UH, MR. RIVERA, DO WE NEED TO, WE WILL VOTE AT THE END, BUT WE HAVE THIS ONE ON THE TABLE. WE CAN BEGIN AMENDMENTS. OKAY. UH, SO WE HAVE AN AMENDMENT FROM THE CODES AND JOINT, UH, CODES, LAWRENCE'S JOINT COMMITTEE. DO YOU WANNA INCLUDE THAT IN WHO WANTS TO SPEAK, CARRY THAT AMENDMENT OR SPEAK TO IT? UH, SOMEBODY FROM THAT JOINT COMMITTEE? UH, CAN I, I'M SO SORRY, CHAIR. CAN I ASK A CLARIFYING QUESTION OF STAFF? SURE. UM, STAFF, IF I REMEMBER HONESTLY, WAS SORT OF THE WAY IT WAS DRAFTED, THERE WAS SOME CONFUSION. WE WANTED TO CLARIFY THE LANGUAGE AT C P J C. DO YOU BELIEVE THAT IT HAS BEEN ADDRESSED? THAT ISSUE HAS BEEN ADDRESSED? SO SPECIFICALLY, I REMEMBER THAT THE ISSUE WAS THAT THE FIRST CLAUSE IN 25 6, 4 71 SAID NO PARKING IS REQUIRED. AND THEN THE SECOND CLAUSE SAID, ACCESSIBLE SPACES ARE STILL REQUIRED. THOSE HAVE BEEN, AND THE, AND THE AMENDMENT PROPOSED WAS TO SWITCH THOSE TO SAY ACCESSIBLE SPACES ARE REQUIRED, NO OTHER OFF STREET PARKING IS REQUIRED. THEY HAVE BEEN SEPARATED INTO TWO DIFFERENT CLAUSES. NOW, UH, HOWEVER, THE FIRST THING THAT COMES UP IS OFF STREET MOTOR VEHICLE PARKING IS NOT REQUIRED. AND THEN B, IN THAT SECTION IS A MINIMUM OF ONE ON STREET, ON SITE ACCESSIBLE SPACES REQUIRED. SO SEPARATION, YES, THE ORDER THAT WAS PROVI, WE WERE PROVIDED DIRECTION OR THE RECOMMENDATION BASED ON, UH, WAS NOT STRICTLY FOLLOWED. BUT I WILL SAY THAT THIS SECTION, THE LANGUAGE THERE, IS COMPLETELY REWRITTEN FROM WHAT THE CODES AND ORDINANCES JOINT COMMITTEE SAW. GOT IT. AND IF I, SORRY. GOT IT. AND IF I JUST, UH, TO CLARIFY FURTHER, ESSENTIALLY, REGARDLESS OF WHETHER THAT CHANGE IS MADE OR NOT, AT THIS POINT, IT WOULD NOT CHANGE THE POLICY THAT IS BEING PROPOSED. NO, NO CHANGE TO THE POLICY. IT WOULD INVOLVE, UH, ME AND SOMEONE FROM THE LAW DEPARTMENT MAKING SURE GOING BACK, UH, ANY REFERENCES TO THOSE TWO CLAUSES, WE CATCH 'EM ALL AND UPDATE 'EM AS NECESSARY. GOT IT. SO CHAIR, I DO FEEL LIKE THAT ISSUE HAS BEEN ADDRESSED. THANK YOU. OKAY. SO WE DON'T NEED THIS, UH, AMENDMENT IS WHAT YOU'RE SAYING? UNLESS ANY OF MY OTHER CODES AND ORDINANCE OKAY. IS JOINT COMMITTEE FELLOWS FEEL. OKAY. ALL RIGHT. SO WE'LL LEAVE THAT ONE ALONE. UH, ANY OTHER AMENDMENTS? UH, COMMISSIONER ZA CHAIR AMENDMENT. I HAD A BACKUP, BUT I THINK HEARING SOME OF THE, UM, HEARING SOME OF THE FEEDBACK FROM MY FELLOW COMMISSIONERS, I, OH, SORRY, FROM STAFF. I DON'T THINK THAT MAKES SENSE ANYMORE. HOWEVER, LEMME PUT OUT MY, UM, AMENDMENT, THEN I'LL TALK THROUGH IT. SO THIS WOULD BE LOOKING AT 25 DASH SIX DASH 4 71 OFF STREET PARKING FACILITY REQUIRED. THIS IS PAGE 52 OF 75 OF OUR BACKUP. SO THIS IS SUBSECTION A AND I'LL READ WHAT THE SUBSECTION IS AND I'LL SAY WHAT I'VE ADDED TO IT. THIS SECTION APPLIES TO ALL [02:45:01] USES AND TO SPECIFIC REGULATING PLANS, TRANSIT ORIENTED DEVELOPMENT AREAS, DODS AND NEIGHBORHOOD CONSERVATION, COMBINING DISTRICTS AND CCDS THAT INCORPORATE THIS CHAPTER BY REFERENCE, EXCEPT AS PROVIDED IN SUBSECTION B, OFF STREET MOTOR VEHICLE PARKING IS NOT REQUIRED. I'M ADDING THE SENTENCE HERE. THIS ARTICLE GOVERNS OVER A CONFLICTING PROVISION OF THIS TITLE OR OTHER ORDINANCE PERIOD FOLLOWED BY WHAT STAFF ALREADY HAD THERE, WHICH SAID A PLAN UNIT DEVELOPMENT, BUT THAT INCLUDES SPECIFIC STRI PARKING REQUIREMENTS CONTROLS OVER THIS ARTICLE. SO ESSENTIALLY, JUST TO CLARIFY, WITHIN THAT SECTION, I'M ADDING IN A SENTENCE THAT READS THIS ARTICLE GOVERNS OVER A CONFLICTING PROVISION OF THIS TITLE OR OTHER ORDINANCE. AND FOR THIS AMENDMENT, COMMISSIONER WOODS, UM, CAN YOU SPEAK TO THIS AMENDMENT? UH, I WOULD LIKE TO HEAR A LITTLE BIT MORE. SURE. SO REALLY WHAT WE'RE TRYING TO GET AT IS TO MAKE SURE THAT, YOU KNOW, WE, IN ALL FAIRNESS, WE HAVE THE SAME RULE APPLIES CITYWIDE AND PARTICULARLY APPLY ACROSS ALL THE CCDS. UM, SIMILARLY SO CURRENT. AND THAT THE, THE WAY I READ IT IS, AND I, I'M HONESTLY DOING THIS OUT OF CAUTION, ALTHOUGH STAFF HAS SAID OTHERWISE, IF YOU READ IT, IT SAYS, THIS SECTION APPLIES TO ALL USES, BLAH, BLAH, BLAH. AND NEIGHBORHOOD CONSERVATION COMBINED, DISTRICTS THAT INCORPORATE THIS CHAPTER BY REFERENCE THOSE N C C D ORDINANCES DO NOT REFERENCE THIS CHAPTER BECAUSE THEY WERE WRITTEN IN A DIFFERENT TIME. SO I THINK THE INTENT MIGHT BE THERE. I'M NOT SURE IF THE LANGUAGE CLARIFIES THIS. SO I'M ADDING IN A SENTENCE AGAIN, OUT OF A SENSE OF CAUTION THAT CLEARLY SAYS THIS ARTICLE GOVERNS OVER A CONFLICTING PROVISION OF THIS TITLE I E TITLE 25 OR OTHER ORDINANCE, BECAUSE THE NCC CCDS WERE ADOPTED THROUGH SEPARATE ORDINANCES. SO THIS WOULD JUST REALLY CLARIFY THAT, THAT IT IS GOVERNING OVER WITH, AGAIN, THE EXCEPTION BEING PS, WHICH STAFF HAS ALREADY EXPLAINED WHY IT MAKES SENSE TO HAVE PUDS NOT BEING THAT, UM, YEAH, IN THAT SAME SCOPE. OKAY. SO WE USUALLY HAVE A SPACE FOR A FEW Q AND A HERE, THE, UH, OF THIS AMENDMENT. WHO HAS QUESTIONS? GO AHEAD. COMMISSIONER HAYNES, UH, MR. CHAIRMAN, UH, OR MR. RIVERA, DO WE HAVE LEGAL ON, ON THE LINE? AND THE QUESTION THAT I'VE GOT, I, I'M JUST LISTENING TO COMMISSIONER, IS, UH, WHEN YOU, WHEN YOU SAY THIS, UM, PREVAILS OVER, GENERALLY IN THE CODE OF CONSTRUCTION, THE, THE SPECIFIC PREVAILS OVER THE GENERAL, YOU'RE FLIPPING THAT AND SAY THE GENERAL PROVIDE PREVAILS OVER THE SPECIFIC, AND I NEED A LEGAL REPRESENTATION OF THAT, OR LEGAL INTERPRETATION OF THAT. NOT A LAWYER. I TOOK THE LANGUAGE NOR NOT VERBATIM FROM AN ORDINANCE THAT WAS PASSED LAST YEAR. SO I'M LOOKING AT THE EXECUTED ORDINANCE APPROVED BY OUR LAW DEPARTMENT. THIS IS THE CORRIDOR ORDINANCE. UH, I CAN TELL YOU THE DATE, AND THIS WAS APPROVED. UM, I'M LOOKING AT 25 DASH 2 7 6 9 0 1. APPLICABILITY AND CONFLICT. SUBSECTION B STATES, AND THIS IS AGAIN APPROVED, EXECUTED BY THE CITY COUNCIL AND LAW DEPARTMENT. THIS DIVISION GOVERNS OVER A CONFLICTING PROVISION OF THIS TITLE OR OTHER ORDINANCE UNLESS THE CONFLICTING PROVISION IS LESS RESTRICTIVE. AND ESSENTIALLY THAT LANGUAGE WAS ADDED IN AT THAT TIME, SPECIFICALLY TO ADDRESS THIS EXACT SAME ISSUE. THERE'S LEGAL ONLINE CHAIR, COMMISSIONER LAYS ON ANDREW VE UM, SO, UM, COMMISSIONER HAYNES, IF YOU COULD, UH, SPEAK SPECIFICALLY, UH, STATE YOUR INQUIRY AND THEN, UH, MOLE ON THE TABLE. AND I'LL CONFER WITH, UH, LAW IN BETWEEN MY, IT, IT, IT SOUNDS LIKE, UM, THE, THE ISSUE BEFORE US WOULD BE WE'RE, WE'RE PUTTING FORWARD A GENERAL PROVISION THAT SAYS THIS GENERAL PROVISION WILL PREVAIL OVER ALL OTHERS AND IN THE CODE, I'M, I'M GUESSING DON'T KNOW, BUT I'M GUESSING THERE IS A SPECIFIC PROVISION, WHETHER IT'S A P WHETHER IT'S SOMETHING THAT SAYS THERE SHALL BE THIS NUMBER OF PARKING SPACES, OR THERE PARKING WILL BE DONE THIS WAY IN THIS SPECIFIC INSTANCE. AND THEN THE CODE OF CONSTRUCTION, THE SPECIFIC USUALLY PREVAILS OVER THE GENERAL IF WE ADOPT THIS AMENDMENT. WE'RE FLIPPING THAT TO SAY THAT THE GENERAL WILL PREVAIL OVER THE SPECIFIC, AND I NEED LEGAL INTERPRETATION OF THAT. I DON'T KNOW IF THEY'RE ON THE LINE, BUT I HAVE THEM ON THE SCREEN CHATTING WITH ME. AND, UH, THE LATEST IS THAT WE'LL HAVE TO REVIEW IT TO CONFIRM, BUT THERE ARE NO OBJECTIONS TO ADDING THE AMENDMENT AS PROPOSED IF YOU'LL TRUST MY TEAM'S CHAT . UH, AND, AND JUST FOR REFERENCE, 'CAUSE I DID END UP LOOKING IT UP, I'M, I'M LOOKING AT THE C O R CORE EXECUTED ORDINANCE, UM, AND THIS IS NUMBER 20 22 12 0 1 [02:50:03] DASH 56 0 5 6 0 5 6. THANKS. IT'S ESSENTIALLY, UM, THE ITEM THAT WE HAD ON THE CORRIDOR COMPATIBILITY ITEM SAYING THAT COMPATIBILITY CHANGES THAT COUNCIL MADE LAST YEAR, UM, IN THE LIGHTWEIGHT CORRIDORS WOULD ESSENTIALLY GO OVER THE NCCS. GREAT. OKAY. UH, ADDITIONAL QUESTIONS REGARDING THIS AMENDMENT BEFORE WE TAKE A VOTE. ALL RIGHT. I'M NOT SEEING ANY, UH, GO AND VOTE ON THIS AMENDMENT, UH, TO INCLUDE IT IN THE BASE. UH, LET'S JUST DO THIS QUICKLY. ANY OBJECTIONS TO THIS, UH, AMENDMENT? ALL RIGHT. SEEING NONE. SO THAT'LL GET, UH, ADDED ONTO THE BASE. ANY OTHER AMENDMENTS? MR. CHAIRMAN, I'M GONNA AB STAY UNTIL, UH OH. FROM I TRUST YOU. ABSOLUTELY. BUT YOU'RE ABS UH, I'M AB ABSTAINING FROM THIS AMENDMENT. FROM THAT AMENDMENT. OKAY. ALRIGHT. THANK YOU FOR THAT CLARIFICATION. ALL RIGHT, COMMISSIONERS, ANYTHING ELSE? GOOD. DO YOU HAVE A MR. RERA? I'M WAITING TO SEE OR GET AN ANSWER IF, UH, IF WE CAN ACTUALLY DISCUSS BECAUSE OF POSTING. DID YOU GET A RESPONSE YET? CHAIR, COMMISSIONER LEELAND, ANDREW RIVERA, UM, CONFIRMED WITH THE LAW ON THE, UM, INQUIRY. SO, UM, IF WE CAN HELP THAT ONE ON THE TABLE FOR A MINUTE, . OKAY. OKAY. SO WE HAVE TO WAIT ANOTHER MISSED OPPORTUNITY. . ALL RIGHT. SO EXTRA BLOAT IN THE LINE OF DEVELOPMENT. ARE YOU TABLING THAT ONE FOR? OKAY, GO AHEAD, COMMISSIONER CONLEY. UH, I'M, I'M GONNA ASK A QUESTION, BUT I, I HESITATE TO MAKE THIS ANY MORE COMPLICATED THAN IT NEEDS TO BE, BUT IS THERE ANY WAY THAT WE CAN VOTE TO INCLUDE THE AMENDMENT, PROVIDED THAT LAW COMES BACK AND TELLS US THAT IT IS, THAT IT DOESN'T REQUIRE COMMISSIONER ZA MR. CAN CORRECT ME IF I'M WRONG. WE WOULD NOT BE ABLE TO DO THAT BECAUSE IT'S A QUESTION OF PROCEDURE. OKAY. SO WE'RE JUST, IT'S, IT'S NOT THAT, THAT, THAT WE'RE SAYING YOU CAN PASS THIS AND FIGURE IT OUT LATER IF IT'S LEGAL OR NOT. IT'S WHETHER THE PROCEDURE OF VOTING ON THE ITEM ITSELF IS LEGAL OR NOT. SO WE, WE CAN'T GO THROUGH A PROCEDURE IF WE DON'T LET SPEAK OUT JUST BY THE LOOK ON YOUR FACE. WHEN I SAID THAT I ALREADY KNEW . IT WAS A BAD QUESTION. . ALRIGHT, SO ONCE WE HAVE AN ANSWER, I, I, I'VE GOT LANGUAGE. OKAY. CHAIR, WHILE WE'RE WAITING FOR STAFF, I, IT WAS, IT SEEMED LIKE A COMPLEX, I DON'T THINK I FULLY UNDERSTOOD WHAT THE ITEM WAS. CAN, WHILE WE'RE WAITING, COULD YOU WALK US THROUGH WHAT THE ISSUE ISSUE IS THAT YOU'RE TRYING? YES, ABSOLUTELY. UM, OR NO, HOLD ON. I JUST, OH YEAH. 'CAUSE WE HAVE TO POSTED FOR POINT THAT WE SHOULDN'T DEBATE IT. THAT'S WHAT I UNDERSTOOD. MR. RIVERA, YOU CHAIR, COMMISSIONER LAVERA, UH, DID HEAR FROM, UH, LEGAL AND THE NOTICE REFERENCES TITLE 25. SO THAT IS CERTAINLY WITHIN THE REALM OF THE, UH, DISCUSSION AND RECOMMENDATION. UH, THERE, THERE, THERE'S TWO PARTS TO THIS. SO LIKE, YOU'VE GOT YOUR, YOU KNOW, OFF STREET PARKING AND THEN YOU'VE GOT YOUR LOAD. THESE ARE BASICALLY LOADING DOCKS FOR DIFFERENT THINGS AND VARIANCES FOR BOTH COME BEFORE THE BOARD OF ADJUSTMENT. UH, WE GET SIGNIFICANT NUMBER OF, UH, PARKING REQUIREMENTS OR VARIANCE REQUESTS RECENTLY IN THE PAST YEAR OR SO, BUT WE'VE NEVER GOTTEN THESE. AND IT, IT WOULD BE SOMETHING VERY EASY TO MAKE AN ADMINISTRATIVE LIKE DECISION. LIKE, DO WE WANT THIS, DOES THIS BUILDING NEED A LOADING DOCK? YOU KNOW, IS IT GONNA, WILL THERE BE PROBLEMS WITH TRAFFIC IF THEY PUT A LOADING DOCK HERE? LIKE, OH, SOME, MAYBE WE'LL LET THEM DECIDE WHETHER OR NOT IT SHOULD BE A VARIANCE AND TAKES IT OFF OUR PLATE AND COULD WIPE OUT LIKE THAT ENTIRE SECTION, THE 25 2 4 7 4 B AND CREATE A NEW ONE. AND 25 6, UH, 5 33 WOULD BE PROBABLY THE BEST PLACE FOR IT, WHICH IS JUST UNDER LIKE THE LOADING REQUIREMENTS. I'M SORRY, CAN I ASK ANOTHER CLARIFYING QUESTION? YES. I, I, YES. I THINK I'M NOT QUITE SURE WHAT WE, THE AMENDMENT HERE. ARE WE ELIMINATING LOADING DOCK REQUIREMENTS VARIANCE FROM THE BOARD OF ADJUSTMENT? IT WOULD ALLOW YOU TO TAKE THE, THE LOADING DOCK VARIANCES FROM THE BOARD OF ADJUSTMENT AND MAKE IT AN ADMINISTRATIVE DECISION. SO DIRECTOR OF DEVELOPMENTAL SERVICES COULD GRANT A VARIANCE INSTEAD OF IT HAVING TO COME TO THE BOARD. OKAY. DO YOU MIND, UH, CAN I HAVE STAFF ESSENTIALLY FOLLOW UP ON THIS FIRST? YEAH. CAN I, I'LL PROVIDE SOME CLARITY. UH, SECTION 25 2 4 7 4, UH, CLAUSE B, RIGHT NOW IT SAYS THE BOARD MAY GRANT A VARIANCE FROM A LOADING FACILITY OR OFF STREET PARKING IF IN ADDITION TO THE FINDINGS REQUIRED BY SUBSECTION A, THE BOARD [02:55:01] DETERMINES THAT AND THERE ARE REQUIREMENTS THAT SECTION IS PROPOSED TO BE CHANGED TO THE BOARD MAY GRANT A VARIANCE FROM A LOADING FACILITY OR OFF STREET PARKING DESIGN REQUIREMENTS, NOTING THAT THERE ARE NO LONGER OFF STREET PARKING REQUIREMENTS. AND I THINK WHAT THE CHAIR IS SUGGESTING IS THAT THE ENTIRE CLAUSE COULD BE, STRIKE THE ENTIRE CLAUSE AND JUST, UH, THAT 25 6 5 3 3 IS I THINK WOULD BE A GOOD PLACE TO PUT IT UNDER. UH, WELL, I JUST HAD IT. HANG ON ONE SECOND. I'M I'M SORRY. JUST TO ASK A CLARIFYING QUESTION, JUST SO WE UNDERSTAND THIS CORRECTLY, WE WOULD BE REMOVING THAT AND THEN PUTTING IN ANOTHER SECTION THAT ALLOWS AN ADMINISTRATIVE VARIANCE BY THE DIRECTOR OF THE DEPARTMENT? CORRECT. OKAY. THAT'S, THAT'S, THAT'S THE NUTS AND BOLTS. SO WE'RE NOT, WE'RE ELIMINATE, WE'RE MOVING IT SO IT CAN GET APPROVED IN A DIFFERENT WAY. EXACTLY. INSTEAD OF IT HAVING TO BE A BOARD OF, YOU KNOW, AN EXPENSIVE BOARD OF ADJUSTMENT VARIANCE, IT CAN BE DECIDED BY, YOU KNOW, THE DIRECTOR OF DEVELOPMENTAL SERVICES OR I'M, I'M SO SORRY. I HAVE MORE QUESTIONS. IT'S OKAY. NO, UM, AND STAFF, YOU CAN HELP ME UNDER THE CHANGE, WE HAVE NOT MADE ANY ADJUSTMENTS TO THE LOADING FACILITY REQUIREMENTS, CORRECT? THAT'S CORRECT. MY REFERENCE WOULD BE, AND STAFF, PLEASE HELP ME UNDERSTAND THIS, IF THIS WOULD CAUSE TOO MUCH OF A CONFLICT, DO YOU ACTUALLY HAVE BOTH PROVISIONS? IF SOMEBODY GOES TO THE DIRECTOR AND THE DIRECTOR SAYS, NOPE, NO. THEN IS THERE A PROCESS TO SAY, WELL, WE NEED TO GO AND STILL TALK TO ANOTHER BODY TO ESSENTIALLY CAN YOU CONTEST IT? NO. UH, THROUGH THE BOARD OF ADJUSTMENT. THAT'S CALLED AN ADMINISTRATIVE APPEAL. AND THAT'S, SO WOULD YOU, THEY BE ABLE TO DO AN ADMINISTRATIVE APPEAL TO YOU ALL IF THE DIRECTOR'S DETERMINATION IS KNOWN THAT THEY CANNOT CHANGE THE LOADING? THEY THEY SHOULD BE STILL, OOH, I THINK THAT MIGHT, I GUESS, I'M SORRY, PROCEDURALLY, I JUST NEED CLARIFY THIS AND PROCEDURALLY TRYING TO UNDERSTAND, WOULD IT MAKE SENSE TO YOU THEY STILL HAVE THAT, THAT ADMINISTRATIVE APPEAL? LET ME, WOULD IT MAKE SENSE TO LEAVE BOTH IN SO THAT THERE'S TWO OPTIONS. YOU CAN EITHER GO THROUGH A VARIANCE AT THE BOARD OF ADJUSTMENT BASED ON THE CRITERIA THAT'S ALREADY THERE, OR, AND OR YOU CAN GO TO THE DIRECTOR AND ASK FOR ADMINISTRATIVE VARIANCE OR DOES THAT CAUSE CONFUSION? I THINK WHAT WOULD PRACTICALLY HAPPEN WITH THE AMENDMENT AS PROPOSED IS WHAT YOU ARE DESCRIBING, BUT I THINK YOU COULD CLEAN IT UP FURTHER BY GRANTING THE DIRECTOR THE ADMINISTRATIVE POWER TO WAIVE THAT REQUIREMENT AND LEAVING THE SECTION FOR THE BOARD OF ADJUSTMENT AS IS. I WOULD THAT, DOES THAT WORK FOR YOU? THAT WAS MY QUESTION. SO DOES THAT WORK FOR WHAT YOU'RE, OKAY, PERFECT. THEN THAT, THAT CASE, MY ANSWER HAS BEEN RESOLVED. THANK YOU. SO JUST A QUESTION, UM, FOR YOU CHAIR COHEN, ARE THERE, ARE THERE OTHER OR STAFF, DO WE HAVE OTHER PROVISIONS THAT WORK THAT WAY THAT ARE ADMINISTRATIVELY, UM, IF THEY'RE DENIED, THEY ARE APPEALED TO THE BOARD OF ADJUSTMENT? YEAH, THERE'S A SECTION IN CHAPTER 25 6 RIGHT NOW THAT WAS FOR MINIMUM OFF STREET PARKING REQUIREMENTS AND FOR ACCESSIBLE SPACES THAT IF YOU DON'T GET THE ANSWER YOU LIKE FROM STAFF OR FROM THE DIRECTOR, THEN YOU CAN GO TO THE BOARD OF ADJUSTMENT. THAT ACTUALLY REMAINS FOR ACCESSIBLE SPACES. YEAH. AND I THINK WHAT WE WOULD DO IS ADD THAT POWER FOR LOADING, LOADING SPACES. THERE'S SIMILAR PROVISIONS FOR COMPATIBILITY AS WELL. THERE'S AN ADMINISTRATIVE VARIANCE THAT YOU CAN GET IN VARIANCE AND I'M 100% OKAY WITH THAT. THAT'S WHY I WAS THINKING, DOES IT MAKE SENSE TO HAVE BOTH? 'CAUSE THAT'S WHAT I WAS THINKING. THE CODE SECTION HAS THAT ALL RIGHT. SO CAN WE HAVE SOMEBODY CLEARLY STATE THAT IN A MINUTE? SO I'M GONNA HAVE TO MIMIC THE LANGUAGE OFF. PROBABLY BE ACCESSIBLE SPACE. I THINK WE CAN KEEP IT GENERAL. YEAH. UH, AND HIGH LEVEL IS FAR AS THE INTENT AND STUFF CAN WORK IT OUT. I'VE GOTCHA. IF YOU I THINK, UM, CAN DO IT GENERALLY. WELL, I CAN'T MAKE THE AMENDMENT OR EVEN YES. OKAY. I CAN ONLY REQUEST THE COMMISSION MAKES IT. RIGHT. SO WE NEED A MOTION FOR AN AMENDMENT HERE. YOUR COMMISSIONER ZA, YOU'RE OUR . I'LL GO AHEAD AND MAKE A MOTION BASED ON WHAT YOU'RE ABOUT TO STATE, WHICH I WILL COPY THAT. SO, SO THEN I'M GONNA HAVE TO LOOK AT THEIR ACCESSIBLE. WHERE ARE YOU? SO FOUR ADJUSTMENTS. I LOSE IT ALREADY. SORRY. AND IF Y'ALL WANNA TABLE THAT FOR LIKE A MINUTE WHILE YOU DO SOMETHING ELSE, I WILL HAVE AN ANSWER FOR YOU IN A SECOND. I THINK THIS IS THE LAST THING. YEAH. WELL LET'S, UH, LET'S, LET'S JUST GO THROUGH, DO WE HAVE ANY OTHER AMENDMENTS? UM, THE FOLKS WANT TO ENTERTAIN? OKAY. SO I THINK, UM, SEVEN, SIX, AND AGAIN, WE CAN KEEP THIS PRETTY HIGH [03:00:01] LEVEL. WE DON'T NEED TO GET INTO EXACT CODE REFERENCES. YEAH, I, YOU DON'T NEED TO TELL US EVERY SECTION. I'LL, I'LL HUNT THROUGH IT AGAIN AND FIND IT. OKAY. UM, SO, SO I, SO CAN I, I'M SORRY, I SHOULD WRITE THIS DOWN BECAUSE OTHERWISE I WILL STATE IT AND FORGET WHAT I JUST STATED. SO ACTUALLY WE'RE TALKING FOR, OKAY. SO, UH, A WAIVER MAY BE GRANTED FROM A LOADING FACILITY REQUIREMENT BY THE DIRECTOR OF DEVELOPMENT SERVICES. OKAY. OR THE DIRECTOR OF WHO, WHO ACTUALLY MAKES THAT DECISION. WELL, YOU COULD ASSIGN IT TO WHO YOU'D WANT TO, BUT WE THINK THAT YOU WOULD'VE TRANSPORTATION IN PUBLIC WORKS TRANSPORTATION, DIRECTOR OF TRANSPORTATION CHAIR, COMMISSIONER LEE, LIAISON ANDREW THERE. I HATE TO BE THE BEARER OR BAD NEWS, UM, . BUT, UM, CONFIRMING WITH LAW AND, UM, THE, UH, MATTER IS THAT IT ONLY IS STIPULATING LOADING DOCKS AND, UM, THE LANGUAGE REFERENCES PARKING. OH, WITHIN THE, UH, THE POSTING? CORRECT. OKAY. SO WE ARE, WHAT I HEAR IS, AND THIS WHY WE DON'T LET THEM SIT ON THE DAIS ANYMORE, I AND I APPRECIATE WHAT YOU'RE TRYING TO DO. UH, IT WAS, IT WAS WORTH THE EFFORT MADE US, UH, THINK THROUGH. BUT I, WE DON'T HAVE ANYTHING ABOUT LOADING DOCKS IN THE POSTING, ONLY PARKING, SO, CORRECT. OKAY. WE NEED TO GO AHEAD AND STAND DOWN ON THIS. OKAY. THIS WORTH IT? NO, AND I APPRECIATE THE EFFORT. AGAIN, I JUST, WE'RE, WE'RE TALKING ABOUT BLOAT. WE, WE BRING IT UP EVERY MEETING, BLOAT AND THE LAND DEVELOPMENT CODE. THIS WOULD BRING GREAT OPPORTUNITY TO LIKE CUT SOME OF THIS STUFF OUT OF IT AND MAKE IT EASIER TO BUILD AND WHATEVER. IT'S ALL GOOD. I, I APPRECIATE, UM, THE THOUGHT, UH, YOUR THINKING. SO WE'RE GONNA GO MOVE IN. I DON'T GO AHEAD, MR. YOUR, SORRY. I'M GONNA TAKE A MOMENT OF PRIVILEGE AND SAY THIS IS THE CHALLENGE WITH DOING PIECEMEAL AMENDMENTS TO OUR CODE. WE, IT IS VERY DIFFICULT BECAUSE THE CODE REFERENCES OTHER SECTIONS. IT MAKES IT VERY COMPLICATED. WE'RE SEEING THAT ENTIRE CONVERSATION TODAY, AND I KNOW WE HAD REAL, UM, ISSUES WITH DOING A COMPREHENSIVE CODE CHANGE, BUT FRANKLY, THIS IS ONE OF THE CHALLENGES THAT WE'RE GONNA CONTINUE TO FACE AS WE HAVE THIS APPROACH. OKAY. SO I THINK WE CAN, COMMISSIONER HAYES, DO YOU HAVE SOMETHING? YES, SIR, I DO. OKAY, MR. CHAIRMAN, UH, IT IS A CHALLENGE TO DO PIECEMEAL CODE AMENDMENTS AND CHANGES LIKE THIS, BUT THIS IS AN EXAMPLE OF A WIN AND WE NEED TO PUT WINS ON THE BOARD. 'CAUSE IF WE TRY TO DO A COMPREHENSIVE ONE SHOT AND THE CHAIRMAN CAN, CAN ENLIGHTEN EVERYBODY ABOUT A MEETING. HE AND I WERE AT, THE FOLKS ARE RESTLESS AND THERE ARE FOLKS SHOOTING AT THIS, UH, WITH EVERY OUNCE OF THEIR BEING. AND WE NEED TO GET WINS ON THE BOARD. AND THIS IS ONE. OKAY. SO, UH, WE HAVE THE BASE WITH THE ONE AMENDMENT. UM, SO I THINK, UH, ALL WE NEED TO DO IS GO AHEAD AND VOTE ON THE BASE MOTION AS AMENDED. GO AHEAD. YES, MR. ZA. DO YOU HAVE ANYTHING ELSE? NO, WE HAVE NOT HAD FOR AND AGAINST, BUT IF YOU WANNA FOREGO THAT, THEN WE'RE GOOD. YEAH. ARE WE HAVING DISCUSSION? SURE. LET'S, UH, GO. AND, UH, I THINK THANK YOU FOR POINTING IT OUT. UH, WE SHOULD WRAP THIS UP WITH, UH, FOR AND AGAINST. SO, UH, LET'S GO AND START WITH, UH, ANYBODY WANNA SPEAK FOR THE BASE WITH THE AS AMENDED COMMISSIONER ANDERSON, START US OFF THEN COMMISSIONER MAXWELL, AND THEN OF COURSE THOSE THAT ARE IN OPPOSITION CAN SPEAK AS WELL. GO AHEAD. COMMISSIONER ANDERSON. THANK YOU, CHAIR. I AGREE WITH BOTH OF MY COLLEAGUES. BOY, WOULDN'T IT BE GREAT JUST TO DO COMPREHENSIVE LAND USE REFORM, BUT LET'S JUST GET SOME WINS ON THE BOARD. AND THIS IS ONE OF THOSE WINS. SO, YOU KNOW, I UNDERSTAND THERE'S CONCERNS FOR ANYONE WHO HAS CONCERNS. I ENCOURAGE YOU TO CHECK OUT THE HIGH COST OF FREE PARKING BY DONALD SCHOUP. HE TALKS VERY CLEARLY ABOUT HOW IT'S UNFAIR TO HAVE CITIES WHERE PARKING IS FREE AND CAR FOR CARS AND HOUSING IS EXPENSIVE FOR PEOPLE, WHICH UNDER A CURRENT LAND DEVELOPMENT CODE, THAT'S JUST THE WAY THINGS ARE. UM, I WAS IN THIS ROOM WHEN WE ELIMINATED PARKING REQUIREMENTS DOWNTOWN, AND YOU WOULD'VE THOUGHT THE WORLD WAS, YOU KNOW, THE, THE SUN WAS FALLING AND OH MY GOSH, THERE WON'T BE PARKING ANYWHERE AND NO ONE'S GONNA BUILD PARKING. THERE'S BUILDINGS BEING BUILT DOWNTOWN WITH A LOT OF PARKING RIGHT NOW. BUT WHAT'S NOT GONNA HAPPEN IN THE FUTURE IS WE'RE NOT GOING TO REQUIRE PEOPLE WHO DON'T WANNA BUILD PARKING TO BUILD PARKING. I DON'T OWN, I HAVEN'T OWNED A VEHICLE FOR THE MAJORITY OF MY ADULT LIFE, BUT EVERY TIME I BOUGHT A HOME, I'VE BEEN REQUIRED TO BUY PARKING. AND THE DEVELOPERS WHO BUILT THOSE HOMES WERE REQUIRED TO BUILD THE PARKING THAT I ENDED UP BUYING. AND SO THIS IS A GREAT WAY TO NOT [03:05:01] ONLY MOVE FORWARD WITH AFFORDABILITY AND, AND US CARING MORE ABOUT, YOU KNOW, MORE AFFORDABLE OPTIONS, BUT ALSO CARING MORE FOR THE PLANET. IN 2023 WAS THE WARMEST PLANET, UH, WARMEST YEAR ON IN HUMAN HISTORY. AND THERE'S A LOT OF FOLKS SAYING IT'LL PROBABLY BE THE COLDEST YEAR AS WE MOVE FORWARD. SO IF WE DO CARE ABOUT THE PLANET, THEN SUBSIDIZING AUTO STORAGE IS A REALLY, REALLY DUMB THING TO DO. AND CITIES ACROSS THIS COUNTRY ARE TAKING NOTE AND ARE DOING THIS EXACT THING. WE ARE DEFINITELY NOT LEAVING THE CHARGE HERE. SO IT'S GOOD TO SEE US FINALLY DOING THIS. AND VERY EXCITED FOR THE CITY OF AUSTIN TO STOP SUBSIDIZING AUTO STORAGE. ALRIGHT, THOSE THAT WANNA SPEAK AGAINST THE MOTION COMMISSIONER. MOTION COMMISSIONER MU TAYLOR. GO AHEAD. . I'M GUESSING I'M THE ONLY ONE. THIS IS, THIS IS DIFFICULT BECAUSE THERE ARE ELEMENTS OF THIS THAT ARE A WIN. AND, UM, SO WHAT I WANNA DO IN, IN SPEAKING IS JUST TO GIVE SOME POINTS THAT MAYBE CAN BE CONSIDERED AS THIS MOVES FORWARD. UM, WHEN WE TALK ABOUT TRYING TO BALANCE AND DO ENVIRONMENTAL GOOD AND SOCIETAL GOOD, THAT NEEDS TO BE COUPLED WITH THE INFRASTRUCTURE, WHICH WE'RE SEVERELY LACKING. AND THEN THERE ARE AREAS WHERE I'M CONCERNED THAT WITH THE LACK OF INFRASTRUCTURE AND THE LACK OF REQUIRED PARKING, WE'RE GONNA GET INTO SOME NEGATIVE UNINTENDED CONSEQUENCES. OUR SCHOOLS ARE ONE EXAMPLE, OUR HOSPITALS ARE ANOTHER EXAMPLE. UM, AND SO I THINK THE, THE BROAD SWEEPING WITHOUT SLOWING DOWN TO CONSIDER WHERE WE NEED THE INFRASTRUCTURE TO SUPPORT THIS DECISION IS A LITTLE RUSHED. WE HAVE AREAS OF THIS TOWN THAT DO NOT HAVE ANY PUBLIC TRANSIT WHATSOEVER, AND WE NEED THAT. AND IF WE TAKE OFF THE PARKING, THEN WE SAW PHOTO EXAMPLES AND WE'VE SEEN IT OVER AND OVER WHEN THE CARS LINE UP, THEN WE LOSE OUR BICYCLE LANES AND WE LOSE OUR MULTIMODAL TRANSPORTATION. SO I THINK THE LIST GOES ON AND ON. I'M CONCERNED ABOUT SOME OF OUR NEIGHBORHOODS. WE HAVE NEIGHBORHOODS THAT ARE GETTING SEQUENTIALLY DISENFRANCHISED, AND AS BUSINESSES AND GENTRIFICATION TAKES PLACE IN CERTAIN CORRIDORS AND AREAS OF OUR CITY, THE PARKING RUNS OUT THERE TOO. AND THAT REALLY HARMS THOSE NEIGHBORHOODS ALSO. SO I FEEL LIKE, UH, THERE ARE INFRASTRUCTURAL ELEMENTS AND DECISIONS THAT ARE MISSING FOR THIS TO BE A BROAD SWEEPING, UM, DECISION AT THIS POINT. AND I HOPE THAT THIS WILL GET LOOKED AT AND MAYBE ACTUALLY SOME THINGS WILL BE ADDED IN SO THAT WE CAN DO IT IN A WAY THAT MAKES SENSE. I'D LIKE TO SEE THE BALANCE FOR, FOR GREEN SPACE, IF WE'RE TRADING OFF IMPERVIOUS COVER AND NOT REQUIRING IT, THEN THAT OUGHT TO BE TIED TO THE GREEN SPACE AND THE MULTIMODAL TRANSIT CORRIDORS THAT MAKE THESE PARTICULAR AREAS SAFER. I'D ALSO LIKE TO SEE, UM, I'D LIKE TO SEE US IMPROVE THOSE A D A REQUIREMENTS AND ACCESSIBILITY PARKING. I THINK THAT IS AN, UH, VERY IMPORTANT PIECE AS WE HAVE FOLKS THAT NEED THAT. AGING FOLKS, WE HAVE OUR, OUR OUR BLIND SCHOOLS, THINGS LIKE THAT. SO THOSE ARE SOME THINGS THAT ARE HOLDING ME BACK, UH, AND I HOPE THOSE WILL BE CONSIDERED MOVING FORWARD. THANK YOU. ALRIGHT, THANK YOU. UH, SPEAKING IN FAVOR, COMMISSIONER MAXWELL. YEAH. UM, I JUST, OR SHOULD I START? FIRST OF ALL, I'M EXTREMELY HAPPY TO SEE THIS COMING BEFORE PLANNING COMMISSION AND MOVING ON TO COUNCIL AND I'M REALLY EXCITED ABOUT THE DIRECTION STAFF HAS TAKEN AND THE HARD WORK THAT'S GONE INTO THIS. UM, I'D LIKE TO POINT TO PAGE THREE OF OUR BACKUP AS WHY IT'S RECOMMENDED FOR BY STAFF CONSISTENT WITH CITY GOALS AROUND HOUSING AFFORDABILITY AND SUSTAINABILITY. SURFACE PARK PARKING LOTS COST BETWEEN FIVE AND $10,000. STRUCTURED PARKING SPACES COST 25 TO $60,000 AND PROVIDING THOSE PARKING SPACES ENCOURAGES THAT USE. SO VERY FUNDAMENTALLY, IF WE WANT TO HAVE AFFORDABLE HOUSING IN THIS CITY, WE ABSOLUTELY HAVE TO MOVE FORWARD WITH THIS POLICY. AND I'D LIKE TO ALSO POINT OUT THAT I HAVE HEARD SPECIFICALLY REGARDING THE PICTURE THAT WAS SHOWN TO US BY OUR SPEAKER TONIGHT, THAT THAT STREET IS ACTUALLY UP FOR PARKING DEMAND MANAGEMENT TOOLS, WHICH WILL BE USED TO MAKE SURE THAT THE PARKING OFF OF SOUTH CONGRESS IS MANAGED MORE ACCURATELY AND, UH, AND EQUITABLY MOVING FORWARD. SO I THINK THAT WE HAVE A LOT OF TOOLS AS A CITY TO MAKE SURE THAT WHERE WE DO HAVE PARKING ISSUES, WE CAN ADDRESS THAT. BUT THE FUNDAMENTAL THING WE HAVE TO DO FIRST IS GET RID OF THE MINIMUMS. THANK YOU CHAIR. ALRIGHT. UH, SPEAKING AGAINST THE MOTION, NOT AGAINST, BUT I'D LIKE TO SPEAK FOR OKAY. UH, GO AHEAD. I THINK, UH, AND, UH, I'LL GO AND OPEN IT UP FOR OTHERS THAT THEY WANNA SPEAK FOR AGAINST. GO AHEAD, MR. CONNELL. UM, I DON'T WANT TO BELABOR THE POINTS THAT HAVE ALREADY BEEN MADE, BUT I, I DO THINK A COUPLE OF KEY THINGS ARE WORTH NOTING. I, I THINK IT'S REALLY SYMPTOMATIC OF, OF HOW MUCH WE HAVE EMBRACED CAR DEPENDENCY WHEN WE THINK OF PARKING AS FUNDAMENTALLY ATTACHED TO QUALITY OF LIFE. UM, AND I THINK THAT THAT IS SOMETHING THAT NEEDS TO BE CHALLENGED. THIS [03:10:01] IDEA THAT THAT CARS MUST BE THE CENTER OF OUR LIFE. WE HAVE BUILT OUR CODE AROUND CARS AND I THINK THERE'S, UM, YOU KNOW, TWO CONTRADICTORY THINGS ARE BEING PROPOSED. ONE IS FOLKS ARE SAYING, WELL, CARS, PARKING FOR CARS IS QUALITY OF LIFE, AND AT THE SAME TIME, WE HAVE TO REQUIRE PARKING SO THAT WE CAN TRADE PARKING REQUIREMENT REDUCTIONS FOR OTHER BENEFITS. BUT THOSE TWO THINGS ARE IN DIRECT CONFLICT. IF CAR, IF PARKING IS A FUNDAMENTAL GOOD, IF IT REALLY IS FUNDAMENTALLY TIED TO QUALITY OF LIFE, THEN WE SHOULDN'T BE TRADING PARKING FOR OTHER THINGS. AND IF PARKING IS NOT SUCH THAT WE CAN TRADE IT, THEN LET'S JUST CREATE OTHER INCENTIVES AND LET'S REQUIRE THE GOOD THINGS THAT WE NEED LIKE BICYCLE STORAGE AND PEDESTRIAN INFRASTRUCTURE AND ALL THESE OTHER BENEFITS. LET'S GET THOSE THINGS IN OTHER WAYS INSTEAD OF MAINTAINING A REQUIREMENT FOR PARKING IN ORDER TO NEGOTIATE FOR THOSE THINGS. AND I ALSO WANNA NOTE THAT A LOT OF THE ISSUES, FOR INSTANCE, AROUND SCHOOL INFRASTRUCTURE THAT HAVE BEEN POINTED OUT, THESE ISSUES EXIST TODAY IN OUR CURRENT CITY WHERE WE ALREADY REQUIRE ROBUST AMOUNTS OF PARKING. AND YET STILL THESE, UM, ISSUES AROUND PARKING IN FRONT OF SCHOOL FACILITIES AND, AND OTHER THINGS. THESE THINGS PERSIST TODAY, . UM, SO ONE THING, IT'S IMPORTANT I THINK THAT WE GROUND THIS CONVERSATION IN, IN, IN A CLEAR UNDERSTANDING THAT A DISCUSSION ABOUT ELIMINATING PARKING MINIMUMS IS NOT A DISCUSSION ABOUT ELIMINATING PARKING. AND I THINK WE HAVE DOWNTOWN AS THE PERFECT CASE IN POINT. AND AS COMMISSIONER ANDERSON POINTED OUT, WE HAVE CLEAR EVIDENCE THAT EVEN IN A WORLD WHERE YOU DON'T HAVE MINIMUMS, THERE IS STILL ROBUST PARKING AVAILABLE. TOO MUCH PARKING. UM, AND AT SOME POINT WE NEED TO HAVE A CONVERSATION ABOUT THAT TOO. BUT WHAT WE'RE ALL WE'RE DOING IS MAKING SPACE FOR A LITTLE BIT OF INNOVATION. THAT'S WHAT WE'RE DOING HERE TODAY. THANK YOU. ALRIGHT. ANY SPEAKER TO OPPOSED IN FAVOR? UH, COMMISSIONER WOODS? OKAY. I THINK A LOT OF WHAT I WOULD, I THINK A LOT, YOU JUST HAVE TO GET CLOSER. THANK YOU. I THINK A LOT OF WHAT I WANNA SAY IN FAVOR OF THIS CHANGE HAS BEEN SAID, BUT I'M ENTHUSIASTICALLY IN SUPPORT OF IT. I THINK THAT THIS IS INCREDIBLY POSITIVE FROM AN ENVIRONMENTAL SUSTAINABILITY AND FROM A SAFETY PERSPECTIVE. BUT I THINK SOMEWHERE THAT WE ALL CAN AGREE IS IMPORTANT TO THINK ABOUT IS HOUSING. AND WE'VE ALREADY MENTIONED A LOT OF THE WAYS IN WHICH THIS HAS POSITIVE IMPACTS ON HOUSING. WE ARE FREEING UP DEVELOPABLE SPACE FOR HOUSING. WE ARE NOT FORCING DEVELOPERS TO BUILD STRUCTURED PARKING AND PASS ALONG THOSE COSTS TO RENTERS. AND WE ARE NO LONGER FORCING RENTERS TO SUBSIDIZE PARKING IF THEY DO NOT OWN A CAR FOR EVERYONE ELSE IN THE CITY. UM, SO I JUST THINK THIS IS AN INCREDIBLY POSITIVE STEP TO TAKE AS IT RELATES TO HOUSING AFFORDABILITY. AND I'M REALLY EXCITED TO SEE THIS GO FORWARD. AND THANK YOU SO MUCH FOR ALL OF YOUR HARD WORK ON THIS. I REALLY APPRECIATE IT. ALRIGHT. UH, COMMISSIONER ZARO WANTED TO SPEAK IN FAVOR. I APPRECIATE THAT CHAIR. A LOT HAS BEEN SAID BY MY FELLOW COMMISSIONERS. UM, SO I'M NOT GONNA REPEAT THAT EXCEPT TO SAY I, I THINK A FOLKS ON HERE KNOW I DON'T KNOW HOW TO DRIVE SINCE SO MANY OF YOU HAVE GIVEN ME A RIDE HOME AT NIGHT . UM, AND SO I DON'T HAVE YOUR CARS. I I DON'T KNOW HOW TO RIDE A, DRIVE A CAR AND I NEVER LEARNED TO DO IT. SO HERE I AM AND I'VE DEPENDED ON TRANSIT IN OUR CITY FOR A WHILE. AND WHILE THERE MIGHT BE CONVERSATIONS AROUND, YOU KNOW, HOW WE CAN IMPROVE OUR TRANSIT SYSTEM, AND I THINK THAT'S IMPORTANT. IT'S ALSO IMPORTANT TO REMEMBER THAT AS A TENANT, I'VE HAD TO PAY FOR PARKING SPOTS IN THE HOUSING THAT I'VE HAD TO LIVE IN FOR THE LAST DECADE IN THIS CITY WITHOUT NECESSARILY GETTING THE BENEFIT THAT I COULD HAVE GOTTEN OTHERWISE. SO THERE ARE FOLKS LIKE ME, MANY IN THIS COMMUNITY WHO ARE PAYING FOR A PARKING SPOT AS PART OF THEIR RENT EVERY MONTH. EVEN THOUGH A $50 REDUCTION, A $25 REDUCTION PER MONTH WOULD'VE MADE A BIG DIFFERENCE TO MY HOUSEHOLD'S ABILITY TO PAY RENT. THE WAY I THINK ABOUT IT, THIS IS THE SAME AS THE CITY MANDATING THAT EVERY UNIT MUST HAVE A WALK-IN CLOSET. IS IT A LUXURY THAT SOME FOLKS WOULD LOVE TO ENJOY AS PART OF THEIR UNITS? YES. SHOULD I BE FORCED TO HAVE A WALK-IN CLOSET WHETHER I WANT IT OR NOT, AND PAY FOR IT AS PART OF MY RENT EVERY MONTH, WHETHER I WANT IT OR NOT, EVEN THOUGH I CANNOT MAKE THAT EXTRA BONUS PAYMENT REQUIRED FOR THAT EXTRA AMENITY. THAT'S SORT OF THE QUESTION THAT WE HAVE AHEAD OF US. SO I THINK, AGAIN, I AM GOING TO REPEAT SOMETHING, UM, THAT DID COME UP FROM OUR AFFORDABILITY IMPACT STATEMENT VERY CLEARLY STATING THAT YES, THIS DOES HAVE A POSITIVE IMPACT ON AFFORDABILITY AND HERE'S WHAT WE HAVE FROM OUR STAFF. THIS EXPENSE IS REFLECTED IN THE CO. SO LOOKING AT THE SORT OF EXPENSE OF PARKING THAT COMMISSIONER MAXWELL HAD MENTIONED, THIS EXPENSE IS REFLECTED IN THE COST OF HOUSING ANALYSIS FROM THE AUSTIN STRATEGIC HOUSING BLUEPRINT ESTIMATES THAT REQUIRING ONE ADDITIONAL PARKING SPACE PER UNIT INCREASES RENT BY UP TO $200 PER MONTH AND REDUCES THE AMOUNT OF UNITS DEVELOPERS CAN BUILD ON A PARCEL. SO I HOPE WE CAN ACTUALLY PROVIDE THOSE RENT INTRODUCTIONS, [03:15:01] PROVIDE THAT FLEXIBILITY, AND ALLOW FOLKS TO BE ABLE TO USE THE AMENITIES THEY WISH. THANK YOU. ANYONE ELSE? ANYONE ELSE? OKAY. WELL, LET'S, UH, WE'VE HAD OUR FOREIGN AGAINST, LET'S GO AHEAD AND TAKE A VOTE. UH, I'LL START WITH THOSE ON THE DAAS IN FAVOR OF THE, UH, MOTION. UH, RAISE YOUR HAND AND, UH, THOSE ON THE SCREEN THAT ARE, SHOW ME YOUR GREEN IF YOU'RE IN FAVOR. SEE COMMISSIONER HOWARD STILL HERE. ALL RIGHT. UH, AND THOSE, UH, VOTING IN OPPOSITION ARE IN THOSE ABSTAINING AND I SEE YELLOW. SO THAT IS, ARE WE STILL AT 10? WHAT ARE WE AT? NUMBER WAS 9 1 9 TO 1 9 0 1 9 0 9 0 1. OKAY. THAT MOTION PASSES. THANK YOU VERY MUCH, STAFF. UH, I THINK THAT WAS A VERY GOOD CONVERSATION AND THANKS FOR THE Q AND A. ALRIGHT. GOOD JOB COMMISSIONERS, EVERYONE. LET'S TRY TO GET THROUGH, UH, THE REST OF THIS. UH, WHAT TIME DO WE HAVE HERE? 8 19 97. SO I THINK WE CAN GET THROUGH WITHOUT EXTENSIONS. I THINK EVERYBODY WOULD APPRECIATE THAT. ALL RIGHT, SO WE ARE ITEM [34. Discussion and possible action concerning special called meetings pertaining to code amendments. ] 34, IS THAT CORRECT? AND THIS, UM, SO THIS ITEM WAS A PLACEHOLDER, WASN'T IT, MR. RIVERA? I DON'T CHAIR COMMISSION LEE'S ON ANDREW RIVERA. SO, UM, THIS, UH, COULD BE, YEAH, THIS IS JUST A DISCUSSION ABOUT, UM, UH, OCTOBER 26TH, UM, AND THEN ALSO NOVEMBER 14TH. THIS IS A PLACE FOR THAT DISCUSSION. OKAY. WE HAVE A SPECIALLY CALLED MEETING AS MANY OF YOU'RE AWARE OF WITH COUNCIL TO LOOK AT THE HOME INITIATIVE. UH, SO, AND THAT WILL BE AVAILABLE BOTH VIRTUAL AND IN PERSON. I THINK THERE WAS MENTION OF TRYING TO ENCOURAGE PEOPLE TO, WELL, WE'LL GO INTO DETAILS LATER. I'LL STOP THERE. UH, OUR FOLLOW UP AT NOVEMBER 14TH, IT'LL COME BACK TO PLANNING COMMISSION FOR ACTION. AND THEN, UH, I WOULD SAY IF YOU CAN LOOK AT YOUR CALENDARS, WE'RE NOT SURE WHAT THE SPEAKER NUMBERS ARE GOING TO BE, BUT WE MAY JUST, IT, WE MAY HAVE OVERFLOW INTO THE NEXT DAY IF WE NEED TO, BUT NOT EXPECTING THAT. JUST, YOU KNOW, WE HAVE NO IDEA WHAT THE NUMBER OF SPEAKERS MIGHT BE LIKE AT THIS POINT. UM, TURN THE 26TH. TWO. YES. THANK YOU. THE TIME IS 2:00 PM MR. RIVERA, IS THAT STILL CORRECT? ALRIGHT. AND IT'S, IT'S COUNCIL CHAMBERS . OKAY. WE'LL HAVE SEAT. SHOULD WE BRING OUR LUNCH CHAIRS? WE HAVE LITTLE KITTY PAPER. YEAH. WILL WE BRING OUR FOLDING CHAIRS? OR HOW DO WE DO THIS? I THINK I, I THINK WE'LL KNOW MORE LATER ON THAT TOPIC. UH, MR. RIVERA WILL GIVE US CHECK YOUR EMAIL. UH, WE'LL GET MORE INFORMATION AS IT, UH, WE GET CLOSER TO THE DATE. ALL RIGHT. I THINK THAT'S ALL WE HAD ON THAT. AS FAR AS DATES. OH, WE WERE, WE ALREADY TALKED ABOUT DECEMBER 5TH. UH, I THINK WE SHOWED THAT WE SHOULD HAVE QUORUM IF WE SHOULD. WE NEED THAT TIME. UM, ANYTHING ELSE, MR. RIVERA ON THAT ITEM CHAIR, COMMISSIONER LEE ON ANDREW RIVERA. I BELIEVE THAT COVERS IT. UM, I WILL BE, UH, PROVIDING MORE INFORMATION AS IT BECOMES AVAILABLE. OKAY. THE NEXT [35. Discussion and possible action to establish a working group tasked with providing amendments to the Planning Commission regarding regulations that apply to single-family zoning districts and the number of unrelated adults living in a housing unit] ONE I'M GONNA LET, UM, YEAH, THIS IS THE WORKING GROUP ON, THIS IS FOR HOME, UH, RIGHT. SO THIS IS THE WORKING GROUP. I'M GONNA, UM, COMMISSIONER ZAR, DO YOU WANNA KIND OF LEAD THE DISCUSSION? I THINK THIS IS THE WORKING GROUP FOR THE HOME INITIATIVE. SURE. AND I BELIEVE I HAD REQUESTED THIS AS WELL. SO AGAIN, WE KNOW THAT ITEM IS COMING. WE DON'T KNOW WHAT KIND OF WORK WOULD NEEDED, BUT SOMETIMES YOU GET LOST IN THE PROCEDURAL STEP OF CREATING THE WORKING GROUP. SO IT MADE SENSE TO GO AHEAD AND CREATE THE WORKING GROUP. UM, FOR THAT ITEM THAT IS COMING DOWN. AGAIN, WE HAVE THE PUBLIC HEARING ON THE 26TH, AND IT WILL CONTINUE FROM THERE. SO THIS ALLOWS US, UM, TO DO THE WORK THAT'S NECESSARY WITHOUT HAVING TO GO THROUGH PROCEDURAL STEPS. OKAY. AND, UH, SO DOES ANYBODY HAVE QUESTIONS ON THIS WORKING GROUP? AND THE PURPOSE? UH, JUST, SORRY, ONE QUICK QUESTION. WE ARE NOT GOING TO HAVE A STAFF BRIEFING PRIOR TO ON HOME AMENDMENTS BEFOREHAND, LIKE THE WAY WE DID PARKING. MY, UH, MR. VE YES. IF WE WILL NOT BE HAVING THAT. RIGHT. SO WE WILL HAVE THE PUBLIC HEARING ON THE 26TH. YES. SO, UM, WHATEVER STAFF MIGHT BE PRESENTING. BUT LIKELY AFTER THAT REMINDER, AFTER THE 26TH, WE WILL HAVE ANOTHER HEARING AT OUR BODY WHERE WE WILL BE ABLE TO DELVE INTO, UM, THE STAFF PRESENTATION AMENDMENTS, DISCUSSION QUESTIONS AND ALL OF THAT. THE QUESTION REGARDING THE 26TH WHEN WE GET A CHANCE. YES, GO AHEAD. COMMISSIONER [03:20:01] MISHAL. UM, DO WE, A LITTLE BIT OF CONFUSION, ARE WE LOOKING AT THE ENTIRE RESOLUTION OR WAS IT DIVIDED UP INTO THE PIECES? I THINK THERE'S SOME CONFUSION AROUND THAT. DO WE KNOW IS, GO AHEAD, COMMISSIONER. SORRY, MR. VERA WAS GONNA SAY SOMETHING. MR. VERA, PLEASE GO AHEAD. OKAY. CHAIR COMMISSIONER LEE ON ANDREW VERA. I BELIEVE THE, UH, POST IN LANGUAGE IS, IS STILL BEING DEVISED AND, UH, THE AGENDA WILL BE, UH, POSTED, UM, I BELIEVE, UM, LATER THIS WEEK. AND SO I CAN, UH, PROVIDE THAT TO THE COMMISSION AND YEAH. BUT COMMISSIONER AL, JUST TO CLARIFY, YES, THIS WILL BE BROKEN UP INTO SEVERAL PIECES. SO THE SORT OF GANTT CHART THAT STAFF HAS PRESENTED TO US, SORT OF CLEARLY STATES, WE'RE GONNA GO AHEAD AND DO SOME MINIMAL CHANGES NOW, UM, AND THEN ESSENTIALLY RETURN TO DO SOME OF THE MORE COMPLICATED PARTS THAT STAFF WILL BE WORKING ON THROUGH THE SPRING. WELL, I KNEW THERE WERE, I, I LOOKED AT POOL'S RESOLUTION AND, UH, THERE WERE OTHER THINGS OUTSIDE OF THAT THAT HAD ALSO BEEN DISCUSSED. SO I GUESS MY QUESTION WAS, ARE WE LOOKING AT THE ENTIRE, THE ENTIRETY OF THE RESOLUTION ON THE 26TH? OR IS THAT RESOLUTION GETTING BROKEN DOWN INTO PIECES? AND AGAIN, ANDREW, I UNDERSTAND THAT MAYBE YOU MAY BE WAITING ON THAT DIRECTION TO PROVIDE US LATER THIS WEEK, BUT THAT WAS KIND OF THE, WHAT I, WHAT I WAS GETTING AT. 'CAUSE I KNOW THERE ARE OTHER THINGS THAT ARE COMING LATER. NO, NO, YOU'RE RIGHT. COMMISSIONER STALTER. SO THAT ELEMENTS OF THAT RESOLUTION WILL BE ADOPTED, UM, HOPEFULLY IF EVERYTHING GOES ACCORDING TO PLAN SOMEWHERE BEFORE THE END OF THIS YEAR. AND THEN OTHER ELEMENTS WILL GO TO NEXT YEAR. AND I THINK TO ANDREW'S POINT, WE'RE JUST STILL UNCLEAR ON WHAT ELEMENTS GET DONE THIS YEAR, WHAT ELEMENTS GET DONE INTO A PHASE TWO OR WHATEVER THAT FUTURE WORK MIGHT BE. AND, UH, JUST SPECIFIC, I THINK, AND OF COURSE THIS WILL COME OUT WHEN WE SEE THE POSTING, BUT I, I BELIEVE IT'S GONNA BE THE THREE UNITS, UH, PER LOT. AND THEN THE, UM, NUMBER OF UNRELATED ADULTS IN A HOUSING UNIT WILL BE KIND OF ON THE TABLE. BUT THAT WILL BE CONFIRMED WHEN WE SEE THE ANNOUNCEMENT GO COMMISSIONER ZA. AND, AND THE REASONING FOR NOT HAVING A WORKING GROUP ON THAT OR SOMETHING IS IT'S SORT OF VERY SPECIFIC AND DIRECT AND IT'S VERY SORT OF SIMPLIFIED. BUT THIS, AGAIN, NOT KNOWING WHAT THE ITEM MIGHT BE, THERE MIGHT BE SOME COMPLICATIONS OR ELEMENTS FOR THE PLAN COMMISSION THAT WE MIGHT WISH TO DELVE IN. ALL RIGHT, SIR, ARE WE CLEAR ON THE PURPOSE OF THE WORKING GROUP? ANY MORE QUESTIONS? UH, DO WE HAVE MEMBERS, I THINK YOU HAVE ALREADY SURVEYED SOME MEMBERS. COMMISSIONERS ARE, THAT IS CORRECT. CHAIR. I LET THE COMMISSIONERS HERE SPEAK, BUT I KNOW I, I WOULD LIKE TO SERVE ON IT. AND I HAD DISCUSSED IT WITH COMMISSIONER, UH, GRAYSON COX, AND HE WOULD LIKE TO SERVE ON IT AS WELL. OKAY. AND I'M ONLY STATING HIS NAME IN HIS ABSENCE WITH HIS CONSENT, BUT I'M NOT MENTIONING WHAT THE OTHER COMMISSIONERS HERE MIGHT LIKE TO SAY. ALL RIGHT. SO COMMISSIONER MAXWELL, GO AHEAD. UH, YEAH, I, I WOULD ALSO LIKE TO SERVE ON THE WORKING GROUP. THANK YOU. OKAY. I HAD ALREADY ALWAYS AL ALSO PUT MY NAME IN THE HAT. SO THAT BRING, NOW WE, UM, THAT'S FOR, WELL I THINK, UM, MR. RIVERA AND I WERE TALKING ABOUT JUST TRYING TO ALLEVIATE THE POTENTIAL FOR A WALKING FORUM. I FIVE MIGHT BE A BETTER NUMBER. JUST KEEP IT IN CHECK. BUT GO AHEAD, COMMISSIONER. I, I THINK THAT IS RIGHT. IF WE HAVE A LOT OF INTEREST, I THINK WE CAN GO TO SIX WITH THE UNDERSTANDING THAT BECAUSE OUR CHAIR IS ON THE WORKING GROUP, WE WOULD NOT HAVE A WALKING ROOM 'CAUSE THE CHAIR WOULD KNOW WHAT THE WORKING GROUP IS COMING UP WITH. SO THE ISSUE IN THE PAST HAS BEEN THAT IF I'M CHAIR OF THE WORKING GROUP AND I HAVE TO CONTACT YOU, WELL NOW WE HAVE A SEVENTH PERSON INCLUDED. OKAY. SO THIS IS A UNIQUE CASE. ALRIGHT. CHAIR, COMMISSIONER LAYS ON ANDREA. I WOULD CONCUR WITH THAT AS YOU'RE A MEMBER OF THAT WORKING GROUP. I THINK WE COULD, UH, GO UP TO THE, UH, MEMBERSHIP OF SIX. OKAY. SO WE HAVE FOUR. WE HAVE TWO MORE SPOTS. UM, WHO IS INTERESTED? I AM INTERESTED. ALL RIGHT, SO THAT'S FIVE SPACE FOR ONE MORE HOLD. OH, WE HAVE A HEARING? YES. ALL RIGHT. I THINK I WAS, OH, SHE DOESN'T COUNT TOWARDS COURT. OKAY. I I AM SORRY. YOU SHOULD HAVE SAID THAT IN THE MICROPHONE. UM, IF COMMISSIONER COHEN WOULD LIKE TO SERVE, SHE DOES NOT SERVE AS QUORUM FOR OUR BODY. SO SHE, SO SHE CAN BE PART OF IT. I TRY. ALL RIGHT. SO, UM, SO I WOULD, UH, I WOULD LIKE TO CONSIDER IS GO AHEAD AND, UH, NAMING, UH, COMMISSIONER ZA AS THE CHAIR OF THAT GROUP. I THINK HE HAS BEEN PRETTY INVOLVED. USE THAT ANSWER. SO, LET'S SEE. UM, THE WORKING GROUP, UH, UNDER 35, WE HAVE, HELP ME OUT HERE WE HAVE COMMISSIONER AZAR, UM, UH, AZAR SHAW, MAXWELL WOODS. HAYNES COX, GOEN. OKAY. [03:25:01] ALL RIGHT. UH, SO THAT IS THE MOTION. DO WE HAVE A SECOND FOR THE FORMATION? THE MEMBERS AND THE CHAIR? UH, WE, COMMISSIONER WOODS SECOND, UH, MOTION SECONDED BY COMMISSIONER MAXWELL. ARE THERE ANY OPPOSITION TO THE FORMATION OF THIS WORKING GROUP, UH, WITH THE MEMBER STATED? ALRIGHT, THAT PASSES. ALL RIGHT. ON THE [36. Discuss and consider recommending members to serve on Joint Committees. ] THIRD 36. UM, WELL, I HAD HOPED, AND, UH, MR. RIVERA HAD PROVIDED INFORMATION ON THE MEMBERSHIP AND THE DATES. UM, WE REALLY NEED TO GET SOMEBODY APPOINTED TO THE COMPREHENSIVE PLAN JOINT COMMITTEE. UM, AND I, I REALLY CAN'T, UH, WITHOUT COMMISSIONER PHILLIPS, I CAN'T OFFER UP ANY OTHER TRADES. SO, UM, I THINK I WOULD GO AND IF WE CAN MOVE TO MAYBE APPOINT HER TO THAT, UM, JOINT COMMISSION, I KNOW THEY'RE TRYING TO CHANGE THE DATE, MAYBE THEY'LL FIND A TIME THAT SHE'S, UH, MORE ACCESSIBLE. BUT WE'VE GOTTA GET SOMEBODY IN THERE BESIDES MR. AZAR. UH, COMMISSIONER AZAR. UH, SO DO I HAVE A SECOND FOR, UM, AND, AND CHAIR, JUST TO CLARIFY, YOUR MOTION IS TO REPLACE, SO YOU'RE REMOVING ME FROM, THERE'S A TWO PART PIECE. YES. THANK YOU. YOU'RE REMOVING ME AND APPOINTING HER. YES. THE MOTION, THANK YOU, IS TO REMOVE YOU AND, UH, REPLACE WITH COMMISSIONER PHILLIPS ON THE, UH, CONFERENCE PLAN JOINT COMMITTEE. UH, DO YOU HAVE A SECOND? COMMISSIONER ZA, I'M THE MOTION MAKER. UH, ANY OPPOSITION TO THIS APPOINTMENT? OKAY, THAT PASSES. UH, LET'S, UH, FUTURE AGENDA ITEMS. DO [FUTURE AGENDA ITEMS] WE HAVE ANYTHING FROM COMMISSIONERS? UH, GO AHEAD. CHAIR COHEN, LAST NIGHT, THE BOARD OF ADJUSTMENT, WE GRANTED A VARIANCE, UH, TO AN INDIVIDUAL WHO HAD A CONCRETE EASEMENT, CITY EASEMENT BUILT ON HIS PROPERTY, WHICH CAUSES HIS IMPERVIOUS COVER TO EXCEED THE REQUIRED, UH, IMPERVIOUS COVER REQUIREMENT FOR HIS ZONING. SO I WANTED TO ASK IF ONE OF THE COMMISSIONERS WOULD BE WILLING TO TAKE UP ADDING, UH, A COURT AMENDMENT TO 25 2 5 56, WHICH IS, UH, ADDITIONAL IMPERVIOUS COVER AND SINGLE FAMILY STANDARD LOTS, SSF TWOS AND FAMILY RESIDENTS SF THREE DISTRICTS, UH, WHICH CURRENTLY IS LIMITED TO PLOTS, UH, FROM 1989 OR EARLIER, TO INCLUDE SOME OF OUR NEWER AREAS LIKE, UH, CIRCLE C YOU KNOW, OURS, WE BUILD OUT, YOU KNOW, AND, AND SPECIFICALLY WHAT IT'S SAYING IS IT'S ABOUT, UH, UH, LOTS THAT HAVE AN OPEN SPACE ON ONE SIDE OF IT. LIKE IN THIS CASE IT WAS A 600 GALLON DETENTION POND. SO DID I, DID I STATE THAT CLEARLY ENOUGH? IT'S A BIT NICHE AND NUANCED, BUT IT'S, I THINK WELL, WE CAN, COULD DO ONE MORE MEMBER TO, UH, PUT IT ON THE AGENDA AND WE CAN HAVE FURTHER DISCUSSION. GO AHEAD, COMMISSIONER. OH, COMMISSIONER MS. SCH. OKAY. YEAH, I'LL GIVE A SECOND. THAT'S FINE. OKAY. AND I'LL HAVE IT MORE FLUSHED OUT, UH, BY THE TIME IT'S ON THE AGENDA. JUST, THIS JUST HAPPENED LAST NIGHT. OH, YES. THANK YOU. SO I HAVEN'T HAD A LOT OF TIME TO WORK ON IT. ALRIGHT. APOLOGIES. WE NEED SOMEBODY ON FROM THE PLANNING COMMISSION YEAH. TO MAKE THE MOTION. COMMISSIONER SCHOLER, YOU WANNA BE THE MOTION MAKER? UH, SURE. SO I'M PROPOSING AGENDA ITEM, UH, FOR DISCUSSION AND ACTION ON 25 2 5 5 6. I THINK WE CAN LEAVE IT THERE FOR NOW. AND DO WE HAVE A SECOND? SECOND BY COMMISSIONER CONLEY. THANK YOU COMMISSIONER MUCH TOLER. I'LL GET YOU THE INFORMATION ON THIS, UH, BY THE END OF THE WEEK. THANK YOU. ANY OTHER FUTURE AGENDA ITEMS, MR. CONLEY? UM, YEAH, WE ACTUALLY NEED, UM, SOME CLARIFICATION ON A MATTER. SO WE HAVE, AND THIS IS TIED TO OUR ABILITY TO HAVE FUTURE AGENDA ITEM. WE HAVE A WORK GROUP THAT GOT TOGETHER TO DISCUSS, UM, SOME RECOMMENDED, UH, CHANGES TO THE COMPREHENSIVE PLAN. UM, AND I, I HAVE SINCE HEARD, UM, FROM COMMISSIONER ZA THAT APPARENTLY, UM, IT HAS BEEN SAID THAT WE ARE NOT, UM, ABLE TO INITIATE ANY CHANGES TO THE COMPREHENSIVE PLAN. UM, SO THIS PUTS OUR WORK GROUP. UM, WE'VE, WE'VE ALREADY, UM, WORKED ON SOME AMENDMENTS, THERE'S SOME AMENDMENTS PROPOSED BY WORK GROUP MEMBERS, AND WE HAD SOME DISCUSSION AROUND THAT. UM, SO THIS PUTS OUR WORK, UM, IF THIS IS THE CASE, THIS PUTS OUR WORK IN A VERY STRANGE PLACE. UM, AND, AND OUR ABILITY TO BRING SOMETHING FORWARD TO THE COMMISSION KIND OF ON HOLD UNTIL WE CAN RESOLVE THIS MATTER. UM, SO I DON'T KNOW WHAT THE BEST WAY, [03:30:01] UM, TO MOVE FORWARD IS, BUT I WOULD LIKE TO REQUEST CLARIFICATION, UM, FROM CITY LEGAL AROUND WHAT WE AS A WORK GROUP, WHAT WE AS PLANNING COMMISSION, UM, ARE, ARE ALLOWED TO DO IN THIS CASE. AND ALSO, UM, CLARIFICATION FROM STAFF AROUND, YOU KNOW, WHAT EXACTLY IS BEING SAID. I DON'T KNOW IF COMMISSIONER AZAR WANTS TO ADD ANYTHING, BUT WE'RE AT AN IMPASSE AS WE ARE RIGHT NOW AND NO, THAT MAKES SENSE. I JUST WANTED TO CLARIFY SOMETHING. UH, COMMISSIONER CONLEY. SO BECAUSE WE'RE THE, THE FUTURE AGENDA ITEMS, WHAT I'M HEARING FROM YOU IS YOU WOULD LIKE TO HAVE OUR LEGAL AND OTHER SORT OF LEGAL AND PLANNING STAFF OR RELEVANT STAFF TO ESSENTIALLY PROVIDE US A BRIEFING ON THIS ISSUE TO FIGURE OUT PROCEDURALLY WHAT MAKES SENSE. YES, EXACTLY. OKAY. I THINK WE WOULD LIKE TO REQUEST A BRIEFING BOTH FROM CITY LEGAL AND FROM STAFF, UM, AROUND, I APPRECIATE THE CONTEXT, HOW WE CAN MOVE FORWARD AND, AND, AND WHAT THEIR UNDERSTANDING IS AROUND WHAT WE'RE ALLOWED TO DO HERE. OKAY. UM, ALL RIGHT. UH, SO MOTION SECONDED BY TO GET THAT ON THE AGENDA. JUST WE NEED SECOND MEMBER COMMISSIONER ZA SEAT. OKAY. ALL RIGHT. SO THAT'LL PUT IT ON THE AGENDA. UM, ANYTHING ELSE? OKAY, WE'RE GONNA MOVE INTO, UM, FUTURE AGENDA ITEMS. I'M SORRY. UH, BOARDS, COMMITTEES, [BOARDS, COMMITTEES & WORKING GROUPS UPDATES] AND WORKING GROUPS. UH, FIRST SOS YOU GUYS WANNA GET US AN UPDATE? UM, I SEE WHY CHAIR HEMPEL IS NOT ON HERE. WE HAVE NOT HAD A MEETING SINCE OUR LAST MEETING, SO WE DO NOT HAVE ANY GRANT UPDATES. CHAIR. ALRIGHT, TIME FOR AND PLAN JOINT COMMITTEE. UH, THURSDAY. COMPREHENSIVE PLAN JOINT COMMITTEE HAS A MEETING ON THURSDAY. UM, AND SO WE AT THIS POINT DO NOT HAVE AN UPDATE FROM OUR PREVIOUS MEETING EITHER. ALL RIGHT. JOINT SUSTAINABILITY COMMITTEE, COMMISSIONER WOODS. YEAH, WE MET ON SEPTEMBER 17TH, WE GOT AN UPDATE FROM THE OFFICE OF SUSTAINABILITY ON AUSTIN'S CLIMATE EQUITY PLAN AND SPECIFICALLY OUR COMMUNITY-WIDE CARBON FOOTPRINTS. AND JUST INTERESTING TO NOTE, BASED ON TODAY'S DISCUSSION, TRANSPORTATION IS THE LARGEST SOURCE OF OUR COMMUNITY-WIDE CARBON EMISSIONS. AND ANOTHER TOP INDICATOR OF CARBON EMISSIONS, UM, IS VEHICLE OWNERSHIP AND HOME SIZE. AND SO THAT'S SOMETHING TO KIND KEEP IN MIND AS WE'RE MOVING FORWARD WITH SOME OF THE LAND DEVELOPMENT CODE AMENDMENTS THAT ARE COMING UP. I AM HAPPY TO SHARE THAT REPORT. IT'S VERY INTERESTING. WE HAVE ANOTHER MEETING COMING UP AT THE END OF THE MONTH. OKAY. THANK YOU. UH, SMALL AREA PLANNING JOINT COMMITTEE. I COULD NOT ATTEND. DO WE HAVE, UH, COMMISSIONER RAMIREZ OR COMMISSIONER MTOW? NO, WE DIDN'T HAVE, DO WE KNOW IF THEY HAD QUORUM? I, OKAY. ALL RIGHT. COMMISSIONER HOWARD . DID, DID WE, DID THEY MEET? DO WE KNOW? I, I KNOW I HAD A CONFLICT SOME. OKAY. SO I COULDN'T MAKE THAT. DOESN'T, YEAH, THAT DOESN'T, YEAH, WE'RE ALL, NONE OF US WERE THERE. AND THEN, UH, OKAY, WELL, WE'LL HAVE TO RESCHEDULE THAT ONE IF POSSIBLE. ALRIGHT. SOUTH CENTRAL WATERFRONT ADVISORY BOARD. UM, WE HAVE NOT MET, WE HAVE A MEETING COMING UP, WHICH I WILL BE INTENDANCE. OH, LAST MEETING WAS CANCELED DUE TO FORUM ISSUES. ALRIGHT. AND I BELIEVE THE ACCESSORY DWELLING UNITS AND DUPLEX AND WORKING GROUP, YOU GUYS ARE KIND OF JUST ON HOLD. IS THAT TRUE? OKAY. UH, THE TELEWORK WORKING GROUP, UM, I THINK THE REQUEST FOR FUTURE AGENDA ITEMS WAS KIND OF IN LINE WITH THAT, BUT WE DID HAVE SOME ACTION RELATED TO YOUR, UH, RIGHT. TO THE TENURE. YEP. WE MET AND TOOK A VOTE ON THOSE AMENDMENTS THAT WERE DISCUSSED. THE AMENDMENT TO THE 10 YEAR IMAGINATION PLAN. OKAY. THAT WAS DONE. UH, GONNA BEAT THE CLOCK HERE. I RIGHT. THINK THAT'S IT AS FAR AS WORKING GROUPS, COMMISSIONERS, ANYTHING ELSE? ALL RIGHT. AND ANY OPPOSITION TO ATTORNEY? SAME. NONE. OKAY. THIS MEDIA'S AJO TURNED IN YOU. I THOUGHT THERE WAS NO WAY. MOON SHADOW, MOON SHADOW, MOON SHADOW AND MY HANDS. AND IF I I'LL AND IF I EVER LOSE AND. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.