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[00:00:01]

EVERYONE.

LET'S SEE.

[ Determination of Quorum / Meeting Called to Order]

UM, WE HAVE A QUORUM PRESENT, SO I'M GOING TO CALL THIS MEETING OF THE PLANNING COMMISSION TO ORDER AT 6:08 PM UM, FIRST OFF, WE'RE GOING TO TAKE ROLE.

SO I WILL GO IN ALPHABETICAL ORDER PER THE AGENDA AND JUST, UM, SAY HERE, IF YOU'RE HERE.

UM, COMMISSIONER ANDERSON HERE.

COMMISSIONER AZAR HERE.

COMMISSIONER BARRERA RAMIREZ.

SHE'S ABSENT THIS EVENING.

COMMISSIONER CONNOLLY, I HEAR HE'S GOING TO BE COMING IN A LITTLE BIT LATER.

COMMISSIONER COX, I SEE YOU ONLINE.

COMMISSIONER COX, CAN YOU HEAR US? OKAY.

UM, COMMISSIONER HAYNES COM.

UH, COMMISSIONER CHAIR, HEMPEL, MYSELF HERE.

COMMISSIONER MAXWELL.

HERE.

COMMISSIONER HOWARD IS ABSENT THIS EVENING.

COMMISSIONER MUTAL PRESENT.

COMMISSIONER PHILLIPS? HERE.

COMMISSIONER SHAW HERE.

COMMISSIONER WOODS HERE.

ALL RIGHT.

AND I WOULD LIKE TO RECOGNIZE OUR EX-OFFICIO CHAIR, BOARD OF ADJUSTMENT, JESSICA COHEN.

AND, UM, I DON'T SEE COMMISSIONER HUNTER.

ALRIGHT, LET'S, UH, MOVE ON.

SO PER USUAL, TONIGHT'S MEETING IS GOING TO BE HYBRID.

UM, SO AS LONG AS THE PERSON LEADING THE MEETING IS PRESENT IN CHAMBERS.

SO WE DO HAVE SOME COMMISSIONERS HERE IN CHAMBERS, AS YOU CAN SEE, AND IN ATTENDANCE VIRTUALLY SO.

UM, WE ALSO WILL HAVE SPEAKERS THAT CAN PRESENT FROM THE CHAMBERS OR, OR, UH, OVER TELECONFERENCE.

IF YOU ARE SIGNED UP TO SPEAK, YOU'LL RECEIVE AN EMAIL PRIOR TO THE COMMISSION TAKING UP YOUR ITEM.

AND, UM, AS OF THIS MEETING, UH, MOVING FORWARD, SPEAKERS CAN DONATE TIME.

BOTH THE SPEAKER DONATING TIME AND THE SPEAKER RECIPIENT MUST BE PRESENT IN PERSON WHEN THE ITEM IS CONSIDERED.

UM, I'LL HAVE, UH, ASSISTANCE FROM MS. CORONA IN ANNOUNCING THE SPEAKERS DURING THE PUBLIC HEARINGS TONIGHT.

SO, AS A REMINDER FOR OUR VIRTUAL COMMISSIONERS, PLEASE HAVE YOUR GREEN, RED, AND YELLOW ITEMS FOR VOTING AND, UM, REMAIN MUTED WHEN YOU'RE NOT SPEAKING AND RAISE YOUR HAND TO BE RECOGNIZED.

AND OF COURSE, AS ALWAYS, IF I MISS YOU, JUST, UH, COME OFF MUTE AND LET ME KNOW.

I HAVE, UM, AN ANNOUNCEMENT FROM THE LAW DEPARTMENT, UM, TRY TO BE BRIEF, UM, BUT THIS WILL HOPEFULLY CLARIFY THE DUTIES OF THE PLANNING COMMISSION FOR THE PUBLIC STAFF AND COMMISSIONERS.

UM, THIS INFORMATION IS OFFERED AS A COURTESY TO ALLEVIATE CONCERNS AND IS NOT BEING REQUIRED BY THE LAW DEPARTMENT ON ZONING ITEMS. I ASK THAT COMMISSIONERS PLEASE LIMIT YOUR QUESTIONS TO THOSE MATTERS DIRECTLY RELATING TO PLANNING PRINCIPLES ASSOCIATED WITH THE APPLICANT'S REQUEST STAFF'S RECOMMENDATION, THE USES AND SITE DEVELOPMENT REGULATIONS ON THE PROPERTY AND ANY IMPACTS TO SURROUNDING PROPERTIES ASSOCIATED WITH THE ZONING CHANGE REQUESTED.

IF A COMMISSIONER'S QUESTIONS DEVIATE FROM FOCUSING ON PLANNING INFORMATION NECESSARY TO MAKE A RECOMMENDATION TO COUNCIL ON A ZONING CASE, I WILL POLITELY ASK A COMMISSIONER TO PLEASE MOVE ON.

I ALSO BLAST PLANNING STAFF TO REMIND THIS COMMISSION WHEN ITEMS OF INQUIRY ARE NOT A COMPONENT OF A ZONING CASE RECOMMENDATION CONSIDERED BY STAFF OR REQUIRED BY CITY CODE FOR ZONING OR REZONING, UM, WITH RESPECT TO INFORMATION NOT REQUIRED AT THE TIME OF ZONING, INCLUDING AFFORDABLE HOUSING.

REQUESTING SUCH INFORMATION ON AN APPLICANT OR STAFF NORMALLY REQUIRED AT A SUBDIVISION OR SITE PLAN AND NOT OTHERWISE REQUIRED BY CHAPTER 25 DASH TWO IS NOT GERMANE TO THE COMMISSION PROVIDING A ZONING RECOMMENDATION TO CITY COUNCIL.

UM, MR. ANDREW RIVERA, OUR STAFF LIAISON IS AN EXCELLENT RESOURCE FOR NOT ONLY THE COMMISSIONERS, BUT ALSO THE PUBLIC SHOULD YOU NEED ASSISTANCE GETTING IN CONTACT WITH STAFF.

SO THANK YOU FOR ALLOWING ME TO MAKE THAT ANNOUNCEMENT AND I WILL SEND THAT NOTE OUT TO THE COMMISSIONERS.

IT'S, UM, A HANDY REMINDER OF OUR PURVIEW.

UM, QUICK REMINDER, OUR DECEMBER 19TH MEETING.

SO NEXT TUESDAY, UM, WILL BEGIN AT 5:00 PM AND WILL BE A CONSENT ONLY AGENDA.

I'LL MAKE THAT REMINDER AGAIN AT THE END OF OUR MEETING.

SO, UM, MS. CORONA, I UNDERSTAND WE DO NOT HAVE ANYONE SIGN UP FOR PUBLIC COMMUNICATION.

IS THAT STILL THE CASE? UH, THAT IS CORRECT.

CHAIR, NO ONE SIGNED UP FOR PUBLIC COMMUNICATION.

OKAY, THANK YOU.

UM, MOVING ON TO OUR MINUTES.

[Consent Agenda]

UM, THE FIRST ITEM ON THE CONSENT AGENDA TONIGHT IS THE APPROVAL OF THE MINUTES FROM THE REGULAR MEETING ON OCTOBER 24TH AND THE SPECIAL CALLED OCTOBER 26TH, JOINT CITY COUNCIL AND PLANNING

[00:05:01]

COMMISSION MEETINGS.

THE MEETING THE MINUTES FOR THE NOVEMBER 28TH MEETING WILL BE POSTPONED, UM, UNTIL OUR NEXT MEETING.

ARE THERE ANY EDITS TO THOSE MINUTES FROM OUR COMMISSIONERS? OKAY, SEEING NONE THE OCTOBER 24TH AND 26TH MEETING MINUTES WILL BE ADDED TO THE CONSENT AGENDA AND THEN WE'LL MOVE ON TO OUR PUBLIC HEARINGS.

UM, SO WE ARE GOING TO VOTE ON THE CONSENT AGENDA, ITEMS THAT ARE CONSENT APPROVAL, DISAPPROVAL OR POSTPONEMENTS OF PUBLIC HEARINGS OR NON-DISCUSSION ITEMS. COMMISSIONER CZAR IS GOING TO READ OUR PROPOSED CONSENT AGENDA AND IDENTIFY THOSE THAT ARE CONSENT POSTPONEMENT AND NON-DISCUSSION AND COMMISSIONERS.

YOU'LL ALSO HAVE THE OPPORTUNITY TO REQUEST CONSENT ITEMS TO BE PULLED FOR DISCUSSION.

I'LL TAKE AND LET YOU TAKE IT.

THANK YOU, CHAIR.

I'LL BE GOING OVER THE PUBLIC HEARING, UM, ITEMS THAT WE HAVE TODAY.

SO NUMBER TWO, THIS IS PLAN AMENDMENT NPA 2023 DASH 3 0 2, 0 0.0 2, 1 0 6, AND 118 REDBIRD LANE DISTRICT THREE.

THIS ITEM IS UP FOR DISCUSSION ASSOCIATED REZONING C 14 DASH 2023 DASH 0 3 4, UM, 54 0 2 SOUTH CONGRESS AVENUE DISTRICT THREE.

THIS ITEM IS UP FOR DISCUSSION ITEM NUMBER FOUR, WHICH IS THE PLAN AMENDMENT NPA 2023 DASH 0 0 5 0 1 OPIS FAIRWAY MIXED VIEW MIXED USE DISTRICT THREE.

THIS IS, UH, UP FOR APPLICANT POSTPONEMENT TO JANUARY 23RD.

NUMBER FIVE, PLAN AMENDMENT NPA DASH 2023 DASH 0 1 0 0 1 518 NORTH PLEASANT VALLEY ROAD DISTRICT THREE.

THIS ITEM IS UP FOR CONSENT.

ITEM NUMBER SIX IS A REZONING C 14 DASH 2023 DASH 0 1 518 NORTH PLEASANT VALLEY DISTRICT THREE.

THIS ITEM IS UP FOR CONSENT.

ITEM NUMBER SEVEN IS A PLAN AMENDMENT NPA DASH 2023 DASH 0 1 0 0.02 EAST SECOND STREET, 2300 BLOCK DISTRICT THREE.

THIS ITEM IS OF FOR APPLICANT POSTPONEMENT TO JANUARY 23RD.

ITEM NUMBER EIGHT IS A PLAN AMENDMENT NP UH DASH 2023 DASH 0 3 0 1 200 WEST MARY STREET THAT I ITEM IS OF FOR APPLICANT INDEFINITE POSTPONEMENT.

WE ALSO HAVE AN ASSOCIATED REZONING, WHICH IS ITEM NUMBER NINE C 14 DASH 2023 DASH 21 200 WEST MARY DISTRICT NINE.

THIS ITEM IS UP FOR APPLICANT INDEFINITE POSTPONEMENT AS WELL.

I NUMBER 10 IS A PLAN AMENDMENT NPA DASH 2023 DASH 0 15 0 1 FM 9 69 DISTRICT ONE.

THIS ITEM IS UP FOR CONSENT.

THERE'S AN ASSOCIATED REZONING CASE ITEM NUMBER 11 C 14 DASH 2023 DASH EIGHT SEVEN FM 9 69 DISTRICT ONE.

THIS ITEM IS ALSO UP FOR CONSENT.

ITEM NUMBER 10 12 IS A PLAN AMENDMENT NPA DASH 2023 DASH 5 0 2 ANO STREET, RESIDENTIAL DISTRICT ONE.

THIS ITEM IS UP FOR CONSENT ASSOCIATED REZONING.

ITEM NUMBER 13 C 14 DASH 2023 DASH 0 0 8 DELANO STREET, RESIDENTIAL DISTRICT ONE.

THIS ITEM IS UP ALSO UP FOR CONSENT I NUMBER 14 IS A PLAN AMENDMENT NPA DASH 2023 DASH 0 2 0 0 1 4 2 0 1 SOUTH CONGRESS DISTRICT THREE.

THIS ITEM IS UP FOR DISCUSSION I NUMBER 15 IS REZONING C 14 DASH 2023 DASH 0 4 3 DASH.

UM, THIS IS 4 2 0 1 SOUTH CONGRESS DISTRICT THREE.

THIS REZONING IS ALSO UP FOR DISCUSSION I NUMBER 16 IS A PLAN AMENDMENT NPA 2023 DASH TWO 3.02 BERKMAN MIXED USE DISTRICT FOUR.

THIS ITEM IS UP FOR DISCUSSION.

AN ASSOCIATED REZONING CASE ITEM NUMBER 17 C 14 DASH 2023 DASH ZERO SEVEN WORKMAN MIXED USE DISTRICT FOUR.

THIS ITEM IS UP FOR DISCUSSION ITEM NUMBER 18, REZONING C 14 DASH 20 23 4 UH, DASH 1 0 3 7.

SO THIS IS 1 0 3 1 7 2 1 0 4 2 3 MICKEL PLACE DISTRICT SEVEN.

THIS ITEM IS UP FOR CONSENT NUMBER 19 REZONING C 14 DASH 2023 DASH 0 5 6 WEST US HIGHWAY TWO 90 DISTRICT EIGHT.

THIS ITEM IS, UH, POSTPONED BY STAFF.

THE REVISED DATE IS JANUARY 23RD.

ITEM NUMBER 20 IS A REZONING C 14 DASH 2023 DASH 8 9 4 6 1 9 SOUTH CONGRESS AVENUE DISTRICT THREE.

THIS ITEM IS UP FOR CONSENT.

ITEM NUMBER 21 IS A REZONING C 14 20 23 DASH 0 9 6 BEN WHITE BOULEVARD MEDICAL OFFICE DISTRICT THREE.

THIS ITEM IS UP FOR A NEIGHBORHOOD POSTPONEMENT TO JANUARY 9TH.

I NUMBER 22 IS A REZONING C 14 DASH 2023 DASH 0 1 0 1, UH, 0 1 0 1 410 PRESLER DISTRICT NINE.

THIS ITEM IS OFFERED ON CONSENT WITH THE FOLLOWING, UM, WHICH IS PART OF THE EXHIBIT D AMENDED FAR PER EXHIBIT D AND THE FOLLOWING PROHIBITED USES ADULT ORIENTED BUSINESS, ELECTRONIC PROTOTYPE ASSEMBLY, MONUMENT, RETAIL SERVICES, AND PAWN SHOP SERVICES.

THIS ITEM IS OFFERED FOR CONSENT WITH THAT EXHIBIT I, NUMBER 23 IS SITE PLAN.

SP 2022 DASH 0 5 50 C 14TH AND LAVACCA.

THIS ITEM IS UP FOR CONSENT I NUMBER 24, WHICH IS A CONDITIONAL USE SITE PLAN, SP DASH 2023 DASH 0 2 4 8

[00:10:01]

C WHEN TOPLESS POOL RENOVATIONS.

THIS ITEM IS UP FOR CONSENT.

I'M NUMBER 25 SPC DASH 2022 DASH 0 4 8 4 A 1505 AND UH, SLASH 1209 MULTIFAMILY DISTRICT NINE.

THIS ITEM IS OFFERED UP FOR CONSENT CHAIR.

THAT'S ALL THE PUBLIC CARING ITEMS THAT WE HAVE, BUT I KNOW THAT THERE'S OTHER ITEMS IN THE CONSENT AGENDA AS WELL.

OKAY, THANK YOU COMMISSIONER ZA.

IN ADDITION TO, UM, THE ITEMS THAT COMMISSIONERS ZA READ, UM, ITEM NUMBER 27 IS AN ITEM FROM THE COMMISSION TO DISCUSS AND POSSIBLE ACTION INITIAT ANY CODE AMENDMENTS TO TITLE 25 OF THE CITY CODE TO MODIFY DOWNTOWN PARKING REQUIREMENTS.

UM, THERE WAS AN EXHIBIT THAT WAS SENT OUT, UM, THROUGH ANDREW FROM COMMISSIONER CZAR ON WHAT EXACTLY THAT, UM, THAT ITEM THE CODE AMENDMENT WOULD INITIATE.

AND, UM, UNLESS I HEAR ANY, UH, OPPOSITION OR OBJECTION, UM, WOULD LIKE TO OFFER THAT ONE, UH, FOR CONSENT AS WELL.

BUT WE CAN OF COURSE PULL THAT ONE, UM, IF IT NEEDS TO BE DISCUSSED.

SO I'LL PAUSE AND SEE IF ANYBODY WOULD LIKE TO DISCUSS.

NUMBER 27, THE, UM, POSSIBLE INITIATION OF CODE AMENDMENT TO TITLE 25.

SEEING NONE, WE WILL ADD THAT TO THE CONSENT AGENDA.

UM, NUMBER 28.

UM, ALSO, UM, THIS IS THE NOMINATION AND ELECTION OF THE INTERIM VICE CHAIR.

UM, I SENT, UH, A DOCUMENT OUT THAT NOMINATED COMMISSIONER AZAR TO THE VICE CHAIR POSITION.

UM, I AM OFFERING IT FOR CONSENT, BUT IF ANYBODY WANTED TO PULL THAT FOR DISCUSSION, HAPPY TO ENTERTAIN THAT.

I'LL SAY IN CASE IT NEEDS A SECOND.

, WE DON'T HAVE A MOTION YET.

COMMISSIONER HAYNES, DID YOU WANNA PULL THIS ONE? UH, NO, I DON'T WANNA PULL IT.

UH, MADAM CHAIR, WHAT I WANT TO DO IS MAKE IT EFFECTIVE AT AT 1201, UH, TOMORROW MORNING, , SO THAT COMMISSIONER ZARK CAN, UH, HE SHOULD BE OUR VICE CHAIR, BUT, UH, IN CASE SOMETHING COMES UP TONIGHT, WE NEED SOMEBODY TO BE OUR PARLIAMENTARIAN TONIGHT.

I DON'T THINK THERE'S ANY ISSUE WITH THAT.

SO, UM, WE CAN MAKE THAT PART OF THE, THE ITEM.

UM, AND IF YOU'RE OKAY WITH THAT BEING ADDED TO THE CONSENT AGENDA WITH THAT CONDITION, COMMISSIONER HAYNES AND ANYBODY ELSE? OKAY.

WE'LL HAVE ITEM NUMBER 28, UH, TO THE CONSENT AGENDA.

UM, I UNDERSTAND THAT THERE IS, UH, WE'VE GOT A SPEAKER THAT WANTS TO SPEAK TO A COUPLE OF THE ITEMS, ITEM NUMBER SIX AND NUMBER 1818.

UM, MR. TOM WALD, IF YOU WANNA COME AND SPEAK TO THOSE TWO ITEMS. THANK YOU.

AND IS IT TWO MINUTES TOTAL? IS IT TWO MINUTES TOTAL? FOUR MINUTES.

OKAY.

YEAH.

UH, THANK YOU FOR MAKING THE TIME, UM, THIS EVENING.

THIS, MY NAME IS TOM WALD.

I'M THE EXECUTIVE DIRECTOR OF REDLINE PARKWAY INITIATIVE, AND I'M COMING TO SPEAK ON A COUPLE ITEMS. ONE IS THE ITEM SIX, WHICH IS THE, REGARDING THE REZONING AT, UM, FIVE 18 NORTH PLEASANT VALLEY AND ALSO ON CHIA STREET.

AND THEN THE ITEM ON MCAL PLACE.

AND, UM, SIGNED UP IN FAVOR, UH, TO INDICATE THAT THERE'S NOT ANY INHERENT OPPOSITION TO THE, TO THE INCREASE IN ENTITLEMENTS.

BUT, UM, THROUGH MY WORK, I'VE DISCOVERED THAT THERE ARE VERY FEW OPPORTUNITIES TO, UM, HELP COMPLETE A TRAIL.

AND BOTH OF THESE PROPERTIES ARE IN LOCATIONS WHERE THERE IS A TRAIL THAT'S PART OF THE URBAN TRAILS PLAN, THE CITY'S URBAN TRAILS PLAN, WHICH IS ALSO PART OF THE A SMP.

UM, AND AT THE TIME OF REZONING, IT'S AN OPPORTUNITY TO UNDER, TO SEE THAT THERE'S INCREASE IN ENTITLEMENTS AND IN EXCHANGE FOR THAT, AT LEAST IN PART TO, UH, REQUIRE THAT THE TRAIL BE PROVIDED SPACE.

UM, I HAVE HEARD, UM, A LOT OF DIFFERENT CONFLICTING INFORMATION OVER THE YEARS.

I'VE, I CAN CITE EXAMPLES THAT SEEM TO NOT BE ALLOWED BY CITI.

SO I AM THE BEST THING, I THINK BEST COURSE OF ACTION AT THIS POINT ON THESE TWO PARTICULAR CASES ARE REQUESTS TO WORK WITH EACH OF THE DEVELOPERS IN QUESTION PRIOR TO, UH, APPROVAL AT CITY COUNCIL TO WHATEVER THE ARRANGEMENT CAN BE MADE TO BE ASSURED THAT THERE IS A TRAIL EASEMENT, UH, FOR BOTH OF THOSE PROPERTIES.

UM, AND I, I WILL ADD THAT THE COMMON UNDERSTANDING, AND I THINK THIS WAS EVEN CITED AT THE BEGINNING ABOUT WHAT, WHAT HAPPENS AT SITE PLAN.

WELL, THE PROBLEM IS THAT AT SITE PLAN, THE TRAIL EASEMENTS ARE NOT ALWAYS

[00:15:01]

PROVIDED AND YOU, YOU SIMPLY CANNOT BUILD A TRAIL SYSTEM IF YOU HAVE GAPS IN THE TRAIL.

SO THAT WOULD REQUIRE SIMPLY A TRAIL STOPS, AND THEN SOMEHOW YOU HAVE TO GET TO THE TRAIL ON THE OTHER SIDE OF THE PROPERTY.

AND SO THERE'S ACTUALLY AT LEAST ONE PROPERTY WHERE WE'RE GOING TO HAVE TO, AT SOME POINT IN THE FUTURE, ASK FOR ASK THAT PRIVATE PROPERTY OWNER TO, AFTER THEY'VE BUILT OUT THEIR PROPERTY AND HAVE ACCESS TO A GARAGE TO ALLOW A TRAIL GO RIGHT THROUGH THEIR GARAGE ENTRANCE.

UM, IT'S JUST, IT'S NOT, IT'S NOT A FEASIBLE WAY, WAY TO COMPLETE TRAILS IN OUR CITY.

UM, AND, UM, I THINK FOR TONIGHT, I'LL LEAVE IT AT THAT.

BUT I, I, I GUESS THE OTHER THING I WANNA MENTION IS I THINK IT WOULD BE, I'D APPRECIATE, UM, HAVING, I, AND I THINK THAT DEVELOPERS CAN EVEN APPRECIATE THIS TOO, WITH THE COMPLEXITY OF THE LAND CODE AND HOW ALL THE DIFFERENT LAYERS OF LEGALITIES, UH, OVERLAP.

UM, I WOULD APPRECIATE THERE BEING A CLEAR UNDERSTANDING ABOUT WHAT ARE THE DIFFERENT TOUCHPOINTS AND AVENUES TO PROVIDE TRAIL EASEMENT AND IN, IN CASES TO ALSO PROV REQUIRE THE DEVELOPER TO BUILD THE TRAILS BECAUSE IT'S, THERE'S A LOT OF CONTRADICTING INFORMATION AND I DON'T, I DON'T SEE CLARITY, UH, FROM ANY ONE PERSON WHO SEEMS TO UNDERSTAND THE PROCESS COMPLETELY.

SO I'LL, I'LL LEAVE IT AT THAT.

AND I APPRECIATE YOUR TIME.

THANK YOU.

THANK YOU.

WERE THERE ANY OTHER COMMENTS ON, UM, SHOULD WE MAKE THE MOTION FOR THE INCENTIVE AGENDA BEFORE WE DO? WELL, LET MEAN SEE IF ANY COMMISSIONERS NEED TO RECUSE OR ABSTAIN.

YES, CHAIR, I, I WOULD LIKE TO ABSTAIN ON ITEM NUMBER, ESSENTIALLY, WHICH IS MY NOMINATION IS WHY CHAIR, I FORGET WHAT THE ITEM IS.

I ONE, SAY 26.

2028.

28.

SO YES, PLEASE, UM, UH, COUNT AS ABSTENTION ON 28.

OKAY.

ANY OTHERS? OKAY.

UM, MS. CORONA, DO WE HAVE ANY SPEAKERS SIGNED UP ON ANY OF THE OTHER CONSENT ITEMS? UM, THERE ARE NO SPEAKERS SIGNED UP ON THE CONSENT ITEMS. NO OTHER SPEAKERS.

EXCUSE ME.

THANK YOU.

UM, ANY COMMISSIONERS WANT TO PULL, UM, ANY OF THE CONSENT ITEMS FOR DISCUSSIONS OR HAVE QUESTIONS OR COMMENTS ON ANY OF THE ITEMS? YES.

UM, THANK YOU CHAIR.

I THANK YOU MR. WALL FOR YOUR COMMENTS AND FOR HELPING BRING SOME OF THOSE ITEMS TO OUR ATTENTION.

I JUST HOPE THAT, UM, THE APPLICANTS THAT WE HAVE FOR ITEM NUMBER SIX AND 18, UM, WHICH I BELIEVE ON SIX IS MR. SUBTLE, AND, UM, MS. UH, 18, IT'S MR. MAD FOUR, AND THEY'VE BOTH SORT OF INDICATED.

SO HOPEFULLY Y'ALL WILL CONTINUE WORKING WITH MR. WALD AND THE REDLINE PARKWAY INITIATIVE AS THIS GOES TO COUNSEL AND RESOLVE SOME OF THOSE CONVERSATIONS.

UM, AND STAFF, IF IT'S POSSIBLE, WOULD BE GREAT IF Y'ALL CAN PROVIDE SOME FEEDBACK TO MR. WALD AS WELL AS TO WHAT ARE THE SORT OF POSSIBILITIES AND ABILITIES TO DO SOMETHING AT THIS TIME.

SO ALL I'M SAYING IS I HOPE Y'ALL CONTINUE THAT CONVERSATION AS THIS MOVES FORWARD.

THANK YOU, CHAIR.

OTHER COMMENTS, QUESTIONS? YES, COMMISSIONER MAXWELL.

AND YES, I JUST WANTED TO SECOND WHAT COMMISSIONER AZAR JUST SHARED AND ALSO JUST URGE THAT, UM, PERHAPS OUR COUNCIL OFFICES, UH, CAN BE HELPFUL IN DISTRICT SEVEN AND DISTRICT THREE REGARDING THE GRID LINE PARKWAY.

WE DID JUST PASS OUR URBAN TRAILS PLAN, WHICH WE REVIEWED HERE AT PLANNING COMMISSION, AND I THINK THERE'S HUGE ENTHUSIASM FOR THESE EFFORTS IN THE COMMUNITY.

SO MAKING SURE THAT WE'RE HELPING THAT PROCESS AS A WORK IN PLANNING AND PLANNING COMMISSION, I THINK IS CRITICAL.

SO I REALLY HOPE THAT WE CAN SEE A GOOD RESOLUTION WITH THESE TWO PARTICULAR CASES AND HAVE THAT FORESIGHT GOING FORWARD.

THANKS SO MUCH.

THANK YOU.

AND I JUST WANNA ACKNOWLEDGE THAT COMMISSIONER CONNOLLY, UM, COMMISSIONER COX, COMMISSIONER HAYNES AND COMMISSIONER HUNTER ARE ALL NOW JOINING US.

UM, ALL RIGHT, IS THERE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT? I SEE COMMISSIONER MAXWELL SECOND BY COMMISSIONER CZAR.

UM, ALL THOSE IN FAVOR? THAT'S EVERYBODY ON THE DS.

UM, VIRTUALLY YOU SEE YOUR COLORS.

I THINK WE'RE JUST MISSING COMMISSIONER HAYNES, THAT LOOKS LIKE A BLUISH GREEN.

I'LL TAKE IT AS GREEN.

.

.

THANK YOU.

THAT'S UNANIMOUS.

ALL RIGHT.

THANK YOU, .

ALRIGHT.

UM,

[Items 2 & 3]

NOW LET'S MOVE ON TO OUR FIRST DISCUSSION CASE OF THE NIGHT, WHICH IS ITEMS NUMBER TWO AND THREE.

SO THIS WAS A POSTPONEMENT FROM THE LAST MEETING, AND BECAUSE THE PUBLIC HEARING WAS NOT RECONSIDERED TO BE REOPENED, WE'RE GOING TO ESSENTIALLY START OVER AGAIN WITH THIS CASE.

SO WE'LL HEAR FROM STAFF, WE'LL HEAR FROM THE APPLICANT, AND THEN WE'LL HEAR FROM ANYBODY WHO SIGNED UP TO SPEAK.

UM, BUT BECAUSE WE ALREADY HAD THE Q AND A, UM, FOR THIS CASE ONLY TONIGHT, WE'RE GOING TO DO FIVE COMMISSIONERS AT THREE MINUTES EACH JUST TO TRY TO KEEP IT MOVING.

MARIE MEREDITH, PLANNING DEPARTMENT ITEM NUMBER TWO IS PLAN AMENDMENT NPA 20 23 0 0 2, 0

[00:20:02]

0.0 2, 1 0 6, AND 1 1 8 REDBIRD LANE.

IT IS WITHIN THE SOUTH CONGRESS COMBINED NEIGHBORHOOD PLANNING AREA.

THE REQUEST IS A CHANGE TO FUTURE LAND USE MAP FROM SINGLE FAMILY TO MIXED USE LAND USE.

IT IS RECOMMENDED BY STAFF, THE SOUTH CONGRESS COMBINED NEIGHBORHOOD PLAN CONTACT TEAM SUBMITTED A LETTER AND IT IS ON PAGE 18 OF THE PLAN AMENDMENT STAFF CASE REPORT.

GOOD EVENING COMMISSIONERS.

THIS IS ITEM NUMBER THREE ON YOUR AGENDA.

CASE NUMBER C 14 2 2 3 0 0 3 4 5 4 0 2 SOUTH CONGRESS AVENUE.

THE PROPERTY IS LOCATED AT 1 0 6 1 16 AND ONE 18 REDBIRD LANE, 54 0 2, 54 0 8, AND 54 12 SOUTH CONGRESS AVENUE AND ONE 11 WEST MOCKINGBIRD LANE.

IT IS CURRENTLY ZONED SF TWO N-P-C-S-M-U-N-P-C-S-M-U-C-O-N-P, AND THE APPLICANT IS REQUESTING C-S-M-U-V-C-O-N-P.

THIS CASE WAS HEARD AT THE LAST PLANNING COMMISSION ON NOVEMBER 28TH.

AND AS A REMINDER, THE APPLICANT IS REQUESTING TO REZONE THE PROPERTY TO, UH, C-S-M-U-V-C-O-N-P COMBINED DISTRICT ZONING FOR A PROPOSED DEVELOPMENT THAT WOULD CONSIST OF 250 MULTIFAMILY UNITS AND 9,600 SQUARE FEET OF GROUND FLOOR PEDESTRIAN ORIENTED USES.

STAFF IS RECOMMENDING C-S-M-U-V-C-O-N-P WITH THE CONDITIONAL OVERLAY PROHIBITED USES THAT ARE LISTED IN YOUR STAFF REPORT.

AND, UH, STAFF IS RECOMMENDING MAKING THIS RECOMMENDATION BASED ON THE FOLLOWING CONSIDERATIONS.

THE LAND USES ALONG SOUTH CONGRESS AVENUE ARE IN TRANSITION FROM UNDEVELOPED TRACKS TO THOSE THAT INCLUDE MIXED USE AND MULTIFAMILY RESIDENCES.

THERE IS EXISTING CSS LOCATED ZONING, I'M SORRY, THERE IS EXISTING CSS ZONING LOCATED DIRECTLY ACROSS SOUTH CONGRESS AVENUE AS WELL AS SOUTH OF THE PROPERTY.

SOUTH CONGRESS AVENUE IS A CORE TRANSIT CORRIDOR WITH THIS SITE LOCATED WITHIN ONE QUARTER OF A MILE OF THREE PUBLIC TRANSIT BUS STOPS.

IT'S CURRENTLY SERVED BY TWO CAPITAL METRO BUS ROUTES, INCLUDING A METRO RAPID BUS ROUTE.

AND SOUTH CONGRESS AVENUE IS ALSO DESIGNATED AS A PROJECT CONNECT CORRIDOR FOR THE FUTURE EXTENSION OF THE PROPOSED ORANGE LINE.

SO DURING THE LAST MEETING, THERE WERE NUMEROUS QUESTIONS FOR WATERSHEDS, SO PLEASE KNOW THAT THEY ARE AVAILABLE HERE THIS EVENING TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

THANK YOU, CHAIR.

WE WILL NOW HEAR FROM THE APPLICANT FOR FIVE MINUTES.

I WILL NOT TAKE FIVE MINUTES UNLESS YOU REALLY WANT ME TO RE-GO THROUGH MY PRESENTATION.

UM, GOOD EVENING.

I'M AMANDA SWORE WITH JOINER GROUP.

THANK YOU FOR THE OPPORTUNITY TO BE HERE, UH, AS STAFF THAT WE TALKED ABOUT THIS FOR A REALLY LONG TIME.

I WOULD JUST REITERATE THAT WE, UM, STAFF SUPPORTS THIS.

IT'S ON A COURT TRANSIT CORRIDOR WITH EXCELLENT LOCATION OF TRANSIT.

UM, I THINK THE PEOPLE YOU WANTED TO HEAR FROM ARE HERE.

MY ENGINEERS ARE HERE, AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

THANK YOU FOR YOUR TIME TONIGHT.

THANK YOU.

UM, CHAIR, WE WILL NOW HEAR FROM THOSE SPEAKING IN OPPOSITION.

UM, THE FIRST SPEAKER IS BRAD MASSENGILL, UM, AND HE RECEIVED DONATION OF TIME FROM KRASS KENNEDY AVILA, YASMIN AVILA, AND EMILY CAHILL.

ARE Y'ALL PRESENT WITH US TONIGHT? UM, SO BRAD, YOU'LL HAVE EIGHT MINUTES TOTAL TO SPEAK.

AWESOME.

SORRY, I CAN'T SEE Y'ALL.

VERY GOOD.

I'VE GOT GLAUCOMA AND OH, I'VE GOT IS MY READERS HERE TODAY? FOR SOME REASON, AT LEAST I HAVE THEM.

UM, THANKS FOR FOR HEARING US AGAIN.

UH, THE BIRD STREETS OF PLEASANT HILL NEIGHBORHOOD GROUP IS OPPOSED TO THE PROPOSED CHANGES TO THE FUTURE LAND USE MAP.

WE'RE AN ACTUAL NEIGHBORHOOD, A VERY OLD NEIGHBORHOOD.

OUR NEIGHBORHOOD'S OVER A HUNDRED YEARS OLD.

MY HOUSE IS NEXT DOOR.

ACCORDING TO THE, UH, CITY PLANNING TOOL, IT WAS BUILT IN 1910, UM, BACK IN THE TWENTIES, OUR NEIGHBORHOOD, OH, I, I SHOULD BE SHOWING MY PRESENTATION.

I AM SORRY.

I DON'T KNOW HOW TO DO THAT.

OKAY.

UM, I HAVE A FEW EXTRA MINUTES ANYWAY.

UH, WHERE WAS I? BACK IN THE TWENTIES, OUR NEIGHBORHOOD WAS JUST A WIDE SPOT.

ON THE OLD SAN ANTONIO HIGHWAY, THERE WAS A HONKY TONK, A MOTOR COURT, AND A GROUP OF HOMES JUST WEST OF THE HIGHWAY.

THAT WAS US WAY OUT IN THE BOONIES.

SINCE THEN, OUR NEIGHBORHOOD IS LARGELY UNCHANGED IN GENERAL, CHARACTER WITH HALF ACRE, RURAL, LOTS, SPORTING NARROW, 16 FOOT WIDE STREETS,

[00:25:01]

NO SIDEWALKS AND CURVES AND DITCHES.

IN LIEU OF STORM DRAINS, WE HAVE LOTS OF TREES AND ABUNDANT WILDLIFE TO GO ALONG WITH THE, WITH THEM THANKS TO OUR PROXIMITY TO LITTLE TURTLE CREEK AND MYSTERY CREEK TRIBUTARIES OF WILLIAMSON CREEK.

ALL THIS AND THE MULTI-GENERATIONAL MAKEUP OF THE NEIGHBORHOOD PUT A SQUARELY IN THE CATEGORY OF TRADITIONAL NEIGHBORHOOD IN THE CITY CODE BOOK.

THERE'S LANGUAGE OUTLYING OUTLINING NUMEROUS WAYS DEVELOPERS CAN APPROACH INTEGRATING INTO A TRADITIONAL NEIGHBORHOOD.

THERE ARE, THERE ARE DOZENS OF DIAGRAMS AND CLEAR GOALS SET OUT TO HELP RETAIN THE DISTINCTIVE CHARACTER OF THE NEIGHBORHOOD AND ITS NATURAL RESOURCES.

A TRADITIONAL NEIGHBORHOOD THAT SOUNDS LIKE US, IT DOESN'T SOUND LIKE THE PROCESS BEING USED HERE.

A TRADITIONAL NEIGHBORHOOD WOULD AFFORD THE BIRD STREET SO MUCH NEEDED.

CUSHIONING FROM THE HUSTLE AND BUSTLE OF SOUTH CONGRESS.

THE NEIGHBORHOOD DESERVED PROTECTING WERE OVER A HUNDRED YEARS OLD, WERE PREDOMINANTLY HOMEOWNERS.

UH, APPROACHING RETIREMENT AGE.

WERE DEFINITIVE GROUP OF LONGTIME AUSTINITES.

SOME OF US ACTUALLY WORKED AND PERFORMED AT THE ARMADILLO WORLD HEADQUARTERS, WHERE OLD SOUTH AUSTIN IN MINIATURE.

THE BIRD STREETS ARE A HIDDEN GEM RIGHT HERE IN THE HEART OF SOUTH AUSTIN.

A LAST REMNANT OF THE HISTORY OF AUSTIN, A PART OF HISTORY OF AUSTIN, NOT THE WHOLE HISTORY.

UM, MR. MASSING, IT LOOKS LIKE THEY HAVE YOUR PRESENTATION UP NOW.

EXCUSE ME.

OH, THERE WE GO.

IS THIS HOW I CLICK FORWARD UP, DOWN.

I'M SORRY.

JUST SAY NEXT SLIDE.

THERE WE GO.

THERE'S OUR NEIGHBORHOOD.

OOPS.

THIS, THIS IS STUFF THAT I'VE, I I'VE BASICALLY, UH, IT'S, IT'S IMPOSSIBLE TO NAVIGATE THE, UH, AUSTIN CITY OF AUSTIN WEBSITE FOR ANY OF THE STUFF.

IMAGINE AUSTIN PLAN.

I JUST FOUND OUT ABOUT IT LAST WEEK FROM Y'ALL.

UM, THE SOUTH AUSTIN NEIGHBORHOOD COMBINED TRYING TO GET IT ONLINE.

I HAD TO PRINT IT OUT.

THIS IS, THIS IS FROM LAST WEEK.

ALL THESE THINGS HERE ARE THINGS THAT BASICALLY TALK ABOUT, UH, PROPER THINGS THAT SHOULD HAVE BEEN PRESENTED TO US AS, AS PART OF THIS DEVELOPMENT OF THE NEIGHBORHOOD.

UM, COVERING UP MY STUFF HERE, THE LAST TIME I WAS HERE, I BROUGHT UP THE CREEK ISSUE.

UM, IT SEEMED TO CATCH YOU FOLKS BY SURPRISE.

I'VE BEEN VERY CONSISTENT ON THIS ISSUE.

EVEN BEFORE THE PRESENT PROPOSAL I WAS IN, I WAS AN INTERESTED PARTY ON THE PUBLIC STORAGE PROJECT LOOKING TO BUILD AT SOUTH CONGRESS AND MOCKINGBIRD LANE.

ONCE I POINTED OUT THE CREEK IN THE ASSOCIATED SETBACKS, THEY ABANDONED THE PROJECT AND I WAS ABLE TO GAIN SETBACKS AS WELL FROM THE LITTLE FORD.

AS PARKING LOT DESIGN DIDN'T TAKE THE CREEK INTO CONSIDERATION, THEY HAD TO SHRINK THE, THEIR DESIGN.

THE DESTROYED HISTORIC MOTOR COURT THE APPLICANT HAS HAD TO RETROACTIVELY DEMOLISH, WAS, UH, BULLDOZED INTO THE PATH OF THE CREEK.

IF, IF YOU CAN SEE ON THIS PICTURE, THIS IS ON THOSE LUMPS ON THE LEFT THERE ON THE LOWER CORNER OF THE SCREEN.

THOSE WERE A MOTOR COURT THAT WAS FARTHER OFF TO THE LEFT, THAT GOT BULLDOZED INTO THE PATH OF THE CREEK WHERE THE WHITE LINES ARE.

AND NOW THE PATH IS FURTHER TO THE WEST.

UM, THAT'S THE SAME LOT THAT THE PUBLIC STORAGE, UH, PROJECT BAILED ON.

UM, CREWS FROM WATERSHED PROTECTION HAVE WORK ORDERS TO RESTORE THE CULVERTS AND DITCHES ON REDBIRD AND MOCKINGBIRD.

THE CULVERTS AND DITCHES, OR THE REMNANTS ARE THERE YET THEY DON'T SHOW UP ON THE WATERSHED PROTECTION DATABASE.

THEY'RE CONFUSED AS I AM.

APPARENTLY THE DRAINAGE FOR OUR NEIGHBORHOOD WAS NEVER DIGITIZED.

THE CREEK IS PART OF THAT MISSING DATA.

THERE'S A CREEK CURVE TO THE, THERE'S A CLEAR CURVE TO THE CREEK.

AS NOTED ON THE AERIAL MOSAIC PHOTOS I SHOWED LAST WEEK.

THE PATH OF THE CL CREEK IS CLEAR.

EVEN WITH THE BACKFILL FROM THE DEMOLITION, ONE CAN SEE THE WATER'S PATH.

THE CREEK IS PART OF OUR NEIGHBORHOOD.

THE RIPARIAN HABITAT IT SUPPLIES MAKES

[00:30:01]

OUR NEIGHBORHOOD A SANCTUARY FOR WILDLIFE.

IT'S FOR ALL THESE REASONS THAT THE BIRD STREETS PLEASANT HILL NEIGHBORHOOD GROUP OBJECT TO ANY CHANGES TO THE NEIGHBORHOOD PLAN OR THE BLOOM WE WISH TO KEEP THE NEIGHBORHOOD INTACT.

AND THE 1 0 6 RED BIRD PROPERTY IS DEFINITELY PART OF OUR NEIGHBORHOOD.

SOMETHING NEEDS TO BE BUILT ON THAT LOT IN KEEPING WITH BOTH CITY CODE AND THE CURRENT FUTURE LAND USE MAP TO RETAIN THE DISTINCTIVE CHARACTER OF THE BIRD STREETS AND ALLOW THE, ALLOW US FOR MYSTERY CREEK TO BE RESTORED.

UM, I WISH I'D HAVE BEEN A LITTLE MORE COORDINATED ON MY PHOTOS HERE, BUT, UM, SOME OF THE THINGS THAT I FOUND JUST IN THE LAST WEEK, YOU KNOW, IN THE, THE COM, THE COMBINED NEIGHBORHOOD PLAN AND KNOW, I GUESS ALL THIS IS STUFF IS JUST SUGGESTIONS, BUT IT SAYS SO MUCH CLEAR THINGS HERE AND ENHANCE THE EXISTING SINGLE FAMILY NEIGHBORHOODS AND RETAIN THE AFFORDABILITY OF THESE NEIGHBORHOODS.

AND SOME OF THESE THINGS THAT HAVE BEEN SET OUT, YOU KNOW, THEY'RE, THEY'RE PRETTY CLEAR.

NEW DEVELOPMENT SHOULD BE COMPATIBLE, COMPATIBLE, SCALED TO THE ADJACENT RESIDENTIAL USES.

WE THINK THIS THING IS OUTSIZED AND TOO BIG TO FIT ON THE, THE, THE, THE LOT THAT THEY HAVE, ESPECIALLY CONSIDERING THE, UH, THE ASSET THAT'S RUNNING RIGHT THROUGH THE MIDDLE OF IT.

AND, AND THE OFFSETS THAT ARE GONNA BE MORE THAN LIKELY INCLUDED WITH THAT IS GONNA SHRINK THIS PROJECT DOWN.

UM, AND THAT IN, IN THAT SPIRIT, YOU KNOW, I WOULD, I WOULD THINK THAT THE DEVELOPER WOULD CONSIDER MAKING SOMETHING MORE IN LINE WITH, WITH THE NEIGHBORHOOD AND USE THAT MYSTERY CREEK AS AN ASSET.

YOU KNOW, WHATEVER THE DEVELOPMENT IS GONNA BE CALLED AT MYSTERY CREEK AND INCORPORATED INTO THE, THE GREEN BELT, WHICH IS ONLY A HALF A BLOCK AWAY.

UH, TURTLE CREEK AND WILLIAMSON CREEK ARE BEING RESTORED RIGHT NOW, AND THERE'S SOME MONEY GOING INTO THAT.

AND OUR NEIGHBORHOOD HAS NOT THAT GREAT ACCESS TO IT WITHOUT JUST SCALING, UH, CRUMBLING CLIFFS.

AND, UH, THERE'S A LOT OF EROSION BEHIND OUR NEIGHBORHOOD AS WELL.

UM, THESE THINGS ARE, THEY SEEM TO BE FAIRLY CLEAR CUT, YOU KNOW, LIMIT NEGATIVE EFFECTS OF INDUSTRIAL COMMERCIAL USE, YOU KNOW, LIMIT VEHICULAR ACCESS.

ALL THIS STUFF SEEMS VERY, VERY, UH, CUT AND DRY IN THE NE THE NEIGHBORHOOD DOESN'T WANNA GET BROKEN UP INTO LITTLE, UH, BY LETTING THIS PIECE OF, UH, IT GO.

SO THANKS FOR LISTENING TO ME.

THANK YOU SO MUCH.

THANK YOU.

UM, SO THE NEXT THREE SPEAKERS WILL EACH HAVE THREE MINUTES.

UM, JOHN ESTRADA, JACKSON HENDRICKS, JIM KENNEDY, IF YOU COULD ALL PLEASE COME UP NOW.

AND, UM, JACKSON HENDRICKS RECEIVED ONE DONATION, ONE MINUTE DONATION OF TIME FROM RACHEL MCDANIEL.

RACHEL, ARE YOU HERE? THANK YOU.

GOOD EVENING COMMISSIONERS.

UH, JUST WANTED TO START OFF BY SAYING THANK YOU FOR YOUR TIME AND YOUR SERVICE AS A FELLOW COMMISSIONER ON THE MEXICAN AMERICAN CULTURAL CENTER.

I KNOW IT TAKES A LOT OF TIME, ESPECIALLY BEING HERE IN THE EVENINGS.

YOU GUYS HAVE HAD TO WORK.

YOU'RE HERE NOW.

THANK YOU.

UH, I DID THE, UH, I WAS THE PERSON ON THE PHONE LAST TIME.

UH, I, I, I KNOW IT SAYS, UH, FOR OR AGAINST, I MEAN, I GUESS IT'D BE AGAINST, BUT I KNOW IT'S COMING.

I KNOW IT'S GONNA HAPPEN, SO I'M BEING MORE REALISTIC ABOUT IT AND ABOUT THE IMPACT IT'S GONNA HAVE ON THE NEIGHBORHOOD.

UM, SO MY PRESENTATION DIDN'T WORK LAST TIME, I'M SORRY.

UH, 55 0 9 BLUEBIRD LANE.

UH, I'M 40 YEARS OLD AND I'VE BEEN THERE FOR 40 YEARS.

SO, UH, SO THIS RIGHT HERE IS THE AREA, UH, THAT WE'RE TALKING ABOUT.

UM, WHAT I'M REALLY CONCERNED ABOUT IS THE STREETS AND STREET PARKING WE'RE SEEING FROM JUST THE BAR ALREADY.

UH, IF YOU'LL NOTICE, THE RED PART IS, UH, SOUTH CONGRESS WHERE THERE'S BEEN PARKING ON THE STREET, BUT THAT'S GONE NOW, UH, BECAUSE THERE'S SOME NICE NEW SIDEWALKS AND BIKE PATHS.

UH, AND THEN THEY WERE ALSO PARKING, UH, PARTIALLY IN THE SLOT WE'RE TALKING ABOUT RIGHT THERE.

THAT'S GONE AS WELL.

SO IF YOU WANT TO GO TO THE NEXT SLIDE, UH, YOU CAN SEE FURTHER DOWN THE STREET, UH, BLUEBIRD AND WHERE BLUEBIRD AND REDBIRD INTERSECT, UH, AND THOSE NO PARKING SIGNS, JUST KINDA GIVE YOU AN IDEA OF WHERE THOSE SIGNS ACTUALLY EXIST.

UH, AND THEN IF YOU GO TO THE NEXT SLIDE, UH, THIS IS AN AERIAL VIEW, UH, PLAY FOR ME, PLEASE.

UH, AERIAL VIEW OF WHAT IT'S LIKE WHEN THEY'RE HAVING AN EVENT DURING THE DAY.

AND SO YOU'RE SEEING A VERY NARROW ROAD.

YOU'RE SEEING PEOPLE HAVING TO DODGE.

I MEAN, IT'S, IT'S A BIG SCREEN, SO THEY'RE REALLY TINY.

UM, BUT YOU'LL SEE PEOPLE HAVING TO WALK THROUGH, THROUGH TRAFFIC.

IT'S PRETTY DANGEROUS.

SO MY, THERE'S ANOTHER PICTURE TOO, IF YOU WANT TO GO TO THAT.

ALL OF THIS KIND OF SPILLS OVER ONTO BLUEBIRD.

[00:35:02]

AND SO I KNOW THIS ISN'T PART OF THIS PROCESS, THIS IS LATER IN THE PROCESS, BUT I JUST WANNA START BRINGING THIS TO YOUR ATTENTION THAT, YOU KNOW, UH, THESE STREETS REALLY AREN'T WALKABLE.

UH, YOU KNOW, I CAN'T TAKE MY FAMILY FOR A WALK.

YOU KNOW, I, I HAVE A FAMILY NOW AND, AND THEY'RE, YOU KNOW, IN THE HOUSE.

UH, AND IT'S, UH, MY, MY SON'S SIX MONTHS AND MY OTHER SON'S THREE.

AND YOU KNOW, HE LIKES TO GO OUTSIDE FOR WALKS.

AND, UH, THE FURTHER YOU GET DOWN THE STREET TO THE STOP SIGN, PEOPLE ARE MAKING U-TURNS WITHIN THE INTERSECTION.

YOU CAN'T SEE WHO'S COMING DOWN REDBIRD BECAUSE THERE'S NO STOP SIGN.

AND ALSO VEHICLES BLOCK THE, UM, YOU KNOW, VIEW.

UH, SO THAT'S REALLY, REALLY WHAT I WANNA JUST GET ACROSS TODAY, IS THAT WE HAVE THIS ISSUE IN THE NEIGHBORHOOD ALREADY.

UM, THESE STREETS ARE ALL LEVEL ONE PARKING.

I THINK MR. MASSEN KIND OF GAVE AN IDEA FOR HOW WIDE THE STREETS ARE AROUND 16 FEET.

UM, I KNOW GOOGLE ISN'T ACCURATE, BUT JUST DOING THE MEASUREMENTS, IT'S AROUND 19 AND CHANGE.

UM, LIKE I SAID, THESE ARE LEVEL ONE STREETS, UH, NOT MEANT FOR MIXED USE.

UH, AND WE'RE GONNA EVENTUALLY HAVE A MIXED USE BUILDING THERE.

UH, SO I'M JUST HOPING THAT AS PART OF THE PROCESS STAFF, UH, CONSIDERS AT THE VERY LEAST PUTTING NO PARKING SIGNS THERE AT THE, AT THE MOST, UH, RESIDENTIAL PARKING BECAUSE, YOU KNOW, THERE'S NO SIDEWALKS.

UH, THERE'S NO REALLY, THERE'S NOT REALLY SPACE FOR SIDEWALKS AND PARKING.

UM, SO YEAH, JUST WANT TO, YOU KNOW, I'LL, EVERY TIME THIS COMES UP, I'LL BE HERE JUST HARPING ABOUT THE PARKING AND MAKING SURE IT'S SAFE IN THE NEIGHBORHOOD, YOU KNOW? 'CAUSE WHAT WE ARE SEEKING IS, UH, WALKABLE NEIGHBORHOODS.

UM, IT'S A BEAUTIFUL NEIGHBORHOOD OF MR. MADISON GO WAS RIGHT.

IT'S, UH, BEAUTIFUL.

IT'S BEEN QUIET FOR A LONG TIME, BUT IT'S CHANGING.

UH, WE HAVE LIKE 10 NEW NEIGHBORS ON BLUEBIRD, YOU KNOW, SO IT'S, IT'S CHANGING AND I ACCEPT IT.

I KNOW IT'S GONNA HAPPEN.

SO, UH, LET'S JUST KEEP IN MIND THE, YOU KNOW, SAFETY OF OUR NEIGHBORS AND PEOPLE WALKING THE STREETS.

AND, UH, YOU KNOW, I DON'T HAVE AN ON STREET PARKING TOO MUCH FOR THIS.

SO THAT'S MY PIECE.

THANK YOU.

THANK YOU.

HELLO COMMISSION.

I'M JACKSON HENDRICKS.

I LIVE AT 3 0 6 REDBIRD LANE.

UM, I AM THE THIRD GENERATION OF MY FAMILY TO LIVE IN THIS NEIGHBORHOOD.

UM, I'M THE SECOND GENERATION OF MY FAMILY TO GROW UP, GROW UP IN THIS NEIGHBORHOOD.

AND, UM, WE HAVE A LOT INVESTED IN THIS NEIGHBORHOOD.

IT'S A HAVEN FOR US.

UM, WITH DEVELOPMENT ON 1 0 6 REDBIRD LANE, UM, WE MEET WITH AN ISSUE OF, JUST, EXCUSE ME, LEMME PULL THIS UP.

THE DEVELOPER HAS EXPRESSED, UM, THAT WHAT IS TO BE DONE WITH THE CREEK ON 1 0 6 REDBIRD LANE IS TO ESSENTIALLY TURN IT INTO A, A SEWER.

AND IT'S, UM, STARKLY AGAINST, UH, THE KIND OF ENVIRONMENTALIST VALUES WE HAVE, UH, IN THIS NEIGHBORHOOD.

IT'S AGAINST THE ENVIRONMENT ENVIRONMENTALIST VALUES WE HAVE AS A CITY.

AND, UM, IT WOULD JUST BE TAKING AWAY FROM THE VALUE OF THE NEIGHBORHOOD IN GENERAL.

UM, THIS IS A TRADITIONAL NEIGHBORHOOD.

UM, KEEPING AND RESTORING THE CREEK ON 1 0 6 REDBIRD LANE WOULD BE PRESERVING THE DISTINCT CHARACTER OF OUR NEIGHBORHOOD.

AND, UM, THAT'S WHAT OUR WHOLE MOVEMENT IS ABOUT.

SO, UM, I JUST HOPE THAT THE COMMISSIONERS, COMMISSIONERS WILL, UM, ACKNOWLEDGE THAT FOR US.

UM, THAT'S ABOUT ALL I HAVE.

THANK YOU.

THANK YOU.

GOOD EVENING COMMISSIONERS.

MY NAME'S JIM KENNEDY.

I LIVE AT 3 0 4 WEST MOCKINGBIRD.

UM, I'VE BEEN THERE FOR 10 YEARS.

MY WIFE AND AND SON ARE HERE WITH ME TONIGHT.

AND WE MOVED INTO THE NEIGHBORHOOD

[00:40:01]

BECAUSE IT WAS, YOU KNOW, ONE OF THOSE KIND OF REALLY COOL, FRIENDLY PLACES, YOU KNOW, THAT OLD AUSTIN VIBE.

AND THAT WAS SOMETHING WE REALLY LIKED.

UM, THIS IS, YOU KNOW, YOU'VE, YOU'VE HEARD, UH, BOTH BRAD AND JACKSON TALK ABOUT THE, THE CREEK, THE, UM, TRIBUTARY THAT BRAD CALLS MYSTERY CREEK RUNNING INTO LITTLE TURTLE CREEK.

I JUST WANTED TO SHOW YOU A PICTURE OF LITTLE TURTLE CREEK.

UM, THIS IS RIGHT BEHIND OUR HOUSE.

UM, WHEN WE FIRST MOVED THERE, OUR NEIGHBOR USED TO DRIVE HIS RIDING MOWER ACROSS THE CREEK TO MOW THE REST OF HIS LOT ON THE OTHER SIDE OF THE CREEK.

THIS EROSION HAS HAPPENED IN THE LAST 10 YEARS FROM DEVELOPMENT UPSTREAM.

AND, UM, WE'RE JUST REALLY CONCERNED THAT WHENEVER, YOU KNOW, WE GET A LOT MORE IMPERVIOUS COVER, IT'S GONNA HAPPEN TO, UH, MYSTERY CREEK AS WELL, AND IT'S GONNA EXACERBATE THE PROBLEMS GOING ON HERE.

UM, YES, WE'VE CALLED THIS IN THE WATERSHED PROTECTION.

YES, THEY'VE LOOKED AT IT.

UM, I EVEN, YOU KNOW, TALKED TO SOMEBODY THERE, UH, ONE OF THE ASSISTANT DIRECTORS AND TOLD 'EM ABOUT THE PIPE RUNNING THROUGH THE CREEK, AND HE SAID, THERE IS NO PIPE RUNNING UNDER THE CREEK.

UM, AND WHAT THERE IT IS, UH, THAT WAS NEVER EXPOSED BEFORE, AND IT'S NOT ON THE OLD MAPS.

SO JUST BECAUSE THE DATA'S NOT SHOWING UP ON THE MAPS, JUST BECAUSE MR. CREEK'S NOT SHOWING UP AS A CREEK DOESN'T MEAN THAT THEY'RE NOT REALLY THERE.

UM, YOU KNOW, EYES ON THE GROUNDS PROVE THAT THAT'S OTHERWISE, UM, YOU KNOW, OUR NEIGHBORHOOD WAS ONE OF THESE, YOU KNOW, LIKE I SAID, QUIET NEIGHBORHOODS NEGLECTED BY AUSTIN.

UM, YOU KNOW, WE LIKED IT THAT WAY.

WE JUST KIND OF ALL GOT ALONG KIND OF PLACE.

YOU COULD WALK DOWN THE STREET, TALK TO YOUR NEIGHBORS WITH NO PROBLEMS. WE LEFT OUR DOORS UNLOCKED, YOU KNOW, THERE WAS NO PROBLEM.

BUT NOW WE'RE GETTING INCREASING CRIME WITH ALL THE NEW APARTMENT COMPLEXES MOVING IN.

PEOPLE ARE WALKING, THEIR DOGS LEAVING, UM, DOG POOP ALL OVER THE PLACE.

AND IT'S JUST NOT THE SAME.

UM, THE, THE INCREASING, UH, URBANIZATION AROUND OUR NEIGHBORHOOD IS REALLY CAUSING PROBLEMS FOR OUR LIFESTYLE, OUR WAY OF LIFE.

AND, UM, IT'S MAKING US, YOU KNOW, THINK TWICE ABOUT LIVING THERE.

UM, WE DON'T WANT TO MOVE, BUT WE'RE BEING FORCED TO IN SOME CASES.

AND THAT'S A SHAME.

THANK YOU.

THANK YOU, CHAIR.

THE NEXT TWO SPEAKERS SPEAKING IN OP OPPOSITION ARE MARY KAY HENDRICKS AND ANDREA HENDRICKS.

UM, THEY'LL EACH HAVE ONE MINUTE TO SPEAK.

GOOD EVENING.

I AM MARY KAY HENDRICKS WIFE, MOTHER OF THREE, GRANDMOTHER OF TWO, PROTECT PROFESSIONAL MUSICIAN, 25 YEAR ORCHESTRA DIRECTOR FOR A ISD AND HOMEOWNER FOR 44 YEARS ON REDBIRD LANE.

THE RESIDENTS OF THE BIRD STREETS ARE MULTI-GENERATIONAL GARDENERS, NATURE LOVERS, TEACHERS, STUDENTS, ARTISTS, MUSICIANS, WALKERS, RUNNERS, BICYCLE WRITERS, ENVIRONMENTALISTS AND PET OWNERS.

OUR NEIGHBORHOOD IS A PEACEFUL HAVEN AND AS A DISTINCTIVE CHARACTER AND VIBE.

THEREFORE, WE RESPECTFULLY REQUEST THAT TRAFFIC TO AND FROM THE PROPOSED 250 UNIT DEVELOPMENT ENTER AND EXIT ON SOUTH CONGRESS AVENUE.

THANK YOU FOR LISTENING.

THANK YOU.

HELLO, GOOD EVENING.

MY NAME IS ANDREA HENDRICKS.

I AM A 20 YEAR RESIDENT OF 3 0 6 REDBIRD LANE, UH, WITH MY FAMILY.

I LIVE NEXT TO MY MOTHER-IN-LAW, FATHER-IN-LAW, UH, MARY KAY HENDRICKS AND DARRYL HENDRICKS.

AND NEXT TO THEM IS MY BROTHER-IN-LAW, WILLIAM HENDRICKS.

UM, MY IN-LAWS HAVE LIVED IN THE NEIGHBORHOOD FOR 44 YEARS.

IT'S VERY SMALL, QUIET NEIGHBORHOOD.

UH, I'M JUST HERE TO VOICE MY OPPOSITION TO THE PLAN, UH, BECAUSE OF WHAT IT WILL DO TO THE TRAFFIC IN THE NEIGHBORHOOD AND DISRUPT THE QUIET AND SLOW LIFESTYLE THAT WE ENJOY.

THANK YOU.

THANK YOU, THANK YOU.

AND WE WILL NOW HEAR FROM THE APPLICANT FOR A THREE MINUTE REBUTTAL.

THERE'S A HOLE THERE.

EVERY TIME YOU STEP ON IT WITH HEELS, YOUR FOOT FALLS INTO IT.

FOR ANYONE THAT NEVER SPEAKS UP HERE, UM, I WOULD

[00:45:01]

JUST, YOU KNOW, I'LL, I'LL BE VERY BRIEF.

THE GOALS OF THIS PROJECT IS TO CREATE A, A HARMONIOUS, UH, PROJECT.

WHAT'S THERE AND WHAT'S TO COME.

UH, THIS IS A, A UNIQUE PLACE THAT HAS TRANSIT.

UH, THE GOAL IS TO HAVE OLD NEIGHBORS AND NEW NEIGHBORS BECOME ONE NEIGHBOR.

UH, THAT'S, THAT'S THE GOAL OF THE CITY.

AND THAT'S THIS, THERE'S NO LOCATION IN TOWN THAT COULD BE MORE APPROPRIATE FOR THIS.

A PLACE THAT CAN HAVE PEOPLE THAT CAN HAVE ACCESS TO TRANSIT AND ALL OF THE OTHER THINGS THAT ARE IN THIS AREA ON A CORE TRANSIT CORRIDOR AT THE INTERSECTION OF TWO CORE TRANSIT CORRIDORS, UM, ALMOST, AND HAVING THOSE MARRIED TOGETHER.

UM, THE OTHER ITEMS, FRANKLY, ARE SITE DEVELOPMENT PERMIT ITEMS THAT ARE NOT PART OF A ZONING APPLICATION.

SO, UH, I APPRECIATE YOUR TIME CHAIR.

THAT CONCLUDES THE SPEAKERS ON THIS ITEM.

ALRIGHT.

UM, IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? COMMISSIONER ANDERSON SECOND BY COMMISSIONER MAXWELL? ANYONE OPPOSED? OKAY, LET'S MOVE ON.

EXCUSE ME TO OUR, UH, ROUND ROBIN.

SO WE'LL HAVE FIVE COMMISSIONERS AT THREE MINUTES EACH.

UM, AND WE DO HAVE, UM, SOME VARIOUS DEPARTMENTS REPRESENTED TODAY.

SO WITH YOUR QUESTIONS, TRY TO CLARIFY WHO YOUR QUESTION IS FOR.

UM, FIRST CHAIR.

YES, COMMISSIONER COX.

ASK QUICK QUESTION.

UH, IS THAT LESS THAN WE NORMALLY HAVE OR IS THAT TYPICAL? I CAN'T REMEMBER.

IT'S LESS, AND THAT'S BECAUSE WE HAD, UM, THE FULL EIGHT MINUTES, OR SORRY, EIGHT COMMISSIONERS AT FIVE MINUTES EACH AT THE LAST MEETING.

IF THERE, OKAY.

IF PEOPLE WANT, IF AFTER WE GET THROUGH OUR FIVE, IF THERE'S MORE QUESTIONS WE CAN VOTE TO EXTEND.

UM, BUT IT WAS A BUT THAT MEANS, BUT THAT MEANS EACH COMMISSIONER THAT DOES ASK QUESTIONS HAS ONLY THREE MINUTES INSTEAD OF FIVE MINUTES.

CORRECT? YES.

THIS WAS A PUBLIC HEARING LAST AT THE LAST MEETING.

SO IS THERE ANY MECHANISM FOR A COMMISSIONER TO DISAGREE WITH THAT? SURE.

WE CAN TAKE A VOTE IF YOU WANTED TO PREEMPTIVELY EXTEND THE NUMBER OF COMMISSIONERS AND THE TIME.

I MEAN, I'M JUST, I, I WOULD APPRECIATE THE FIVE MINUTES, UM, JUST BECAUSE THERE'S A FEW TOPICS I'D LIKE TO DISCUSS ON THIS AND I JUST DON'T KNOW WHY WE, WE TRUNCATED.

'CAUSE IT DOESN'T SEEM LIKE WE HAVE A PARTICULARLY LONG AGENDA TONIGHT.

UM, WOULD THERE BE A MOTION, ANDREW? OKAY.

IF YOU WOULD LIKE TO MAKE A MOTION AND GET A SECOND, WE CAN VOTE ON THAT.

OKAY.

WELL, I'LL, I'LL MAKE A MOTION THAT INSTEAD OF THREE MINUTES, WE ALLOW FIVE MINUTES, I'LL SECOND.

OKAY.

UM, AND THAT IS STILL FIVE COMMISSIONERS AT FIVE MINUTES? OR WOULD YOU LIKE TO EXTEND IT? JUST GO BACK TO OUR NORMAL Q AND A.

I'M SORRY.

REMIND ME WHAT IT, WHAT THE NORMAL Q AND A, HOW MANY COMMISSIONERS? IT WAS EIGHT COMMISSIONERS AT FIVE MINUTES.

I, I THINK THAT'S APPROPRIATE JUST TO GIVE PEOPLE MORE OPPORTUNITY.

UM, I MEAN, OBVIOUSLY PEOPLE DON'T HAVE TO USE ALL THE SPOTS IF THEY DON'T HAVE QUESTIONS, BUT I DON'T SEE A REASON WHY WE SHOULD, UH, TRUNCATE QUESTIONS, UM, FOR THIS MEETING.

SO, SO YEAH, I'LL, I'LL MAKE THAT MOTION THAT IT'S EIGHT AT FIVE.

COMMISSIONER PHILLIPS, DOES YOUR SECOND STILL STAND? YES.

OKAY.

UM, DID YOU WANNA SPEAK TO YOUR MOTION OR SHOULD WE GO AHEAD AND TAKE A VOTE? COMMISSIONER COX? NO, I, I, I'M GOOD.

OKAY.

ALL THOSE ON THE DAAS IN FAVOR OF GOING BACK TO OUR REGULAR Q AND A FOR THIS ITEM.

I SEE TWO AND THOSE VIRTUALLY FIVE, THAT MOTION FAILS.

BUT COMMISSIONER COX, IF WE GET TO THE END OF OUR FIVE COMMISSIONERS AT THREE MINUTES, WE CAN CONSIDER EXTENDING AND, AND CAN I, CAN I UNDERSTAND THE PROCESS OF HOW THAT WAS CHANGED? IS THAT JUST A DECISION BY THE CHAIR OR, OR HOW, HOW DOES THAT HAPPEN? I STATED THAT AS WE WERE GOING THROUGH OUR CONSENT AGENDA, I CAN REFER THAT TO AS WELL.

SO, UH, COMMISSIONER COX, OFTEN WHEN WE'VE HAD A PUBLIC HEARING OR WE'VE HAD THE Q AND A AND WE'VE CLOSED IT, WE'VE SORT OF HAD PRACTICE, UM, IN THE PAST AS WELL.

WE'VE BEEN DOING THIS PREVIOUSLY AS WELL, WHERE WHEN WE SORT OF PICK UP A CASE, WE REDUCED THE NUMBER OF FOLKS.

AND I DO WANNA SAY, WHEN WE STARTED OUT THE MEETING, WE WERE LOOKING AT A MUCH LONGER DISCUSSION AGENDA.

WE'VE BEEN ABLE TO MOVE SOME ITEMS TO, UM, CONSENT, WHICH OF COURSE MOVES US MUCH FASTER.

SO DURING THE DISCUSSION OF THE AGENDA WITH MR. RIVERA, THAT SORT OF CAME UP THERE.

AND AGAIN, IT'S VERY MUCH WHAT WE'VE BEEN DOING IN THE PAST, BUT AGAIN, AS THE CHAIR MENTIONED, WE'VE OFTEN DONE IT WHERE WE GET TO THE END FOLKS HAVE MORE QUESTIONS, WE ESSENTIALLY JUST EXTEND THE NUMBER OF QUESTIONS OR TIME.

[00:50:02]

OKAY.

YEAH, I DON'T REALLY UNDERSTAND THE DIFFERENCE BETWEEN DOING THAT AND JUST ALLOWING MORE ON, ON, ON THE FRONT END.

AND I'M, I'M DISAPPOINTED THAT THIS COMMISSION WANTS TO HAVE LESS INFORMATION THAN MORE WHEN WE MAKE DECISIONS, BUT IT IS WHAT IT IS.

SO I'LL I'LL STOP MR. YEAH.

UM, IT, SO MY, MY RECALL ON THE CASE WAS WE WERE WANTING TO GET, UM, I THINK ENGINEERS OR REPRESENTATIVES TO HEAR, HEAR ABOUT SOME OF THE DRAINAGE CONCERNS.

I JUST WANNA MAKE SURE THAT WE HAVE ADEQUATE TIME TO UNDERSTAND THAT.

I, I THINK A LOT OF THE OTHER ITEMS WE HAD HEARD AND, AND WE HEARD AGAIN FROM THE PUBLIC TONIGHT.

I JUST WANNA MAKE SURE WE CAN GET TO THE EXPERTS THAT ARE, THAT ARE HERE TO ANSWER THOSE QUESTIONS THAT WE COULDN'T GET LAST TIME.

THAT'S ALL.

YES, WE DO HAVE WATERSHED.

AND, UM, UH, ANDREW, IF YOU COULD LET US KNOW OTHER REPRESENTATIVES HERE TONIGHT.

CHAIR COMMISSIONER LEELAND ANNIVERSARY.

YES, WE HAVE WATERSHED PRESENT.

UH, WE, OF COURSE YOU HAVE YOUR CASE MANAGERS FOR BOTH THE NPA AND THE ZONING CASE.

AND UM, ALSO, UM, LAW WILL BE AVAILABLE AS NEEDED.

OKAY.

WHO HAS OUR FIRST QUESTION? CHAIR AND THEN, UH, JUST TO ADD ONE MORE, UH, DEPARTMENT, WE HAVE TRANSPORTATION AS WELL.

YES.

OKAY.

FIRST QUESTION, COMMISSIONER COX? YEAH, I DO WANNA TALK ABOUT DRAINAGE.

THAT'S WHY I, I THINK IT WAS ME THAT OFFERED UP THE MOTION TO POSTPONE THIS.

UM, AND SO I, I I THINK I'M GONNA START WITH THE APPLICANT'S, UH, TEAM, WHOEVER THEY WANNA PUT UP THERE.

UM, I, I'M TRYING TO FEEL COMFORTABLE ABOUT, UM, THE PLAN FOR DRAINAGE IN THIS AREA.

IT'S NOT OFTEN THAT WE HAVE A ZONING CASE THAT HAS A FLOOD INVESTIGATION DONE JUST THREE MONTHS AGO, LESS THAN THREE MONTHS AGO BY THE, UH, BY THE CITY, UH, SHOWING THE DRAINAGE OR SHOWING THE FLOODING ISSUE ACTUALLY, UM, FLOWING THROUGH THIS PROPERTY.

IT LOOKS LIKE IT'S GOING NORTH THROUGH THE PROPERTY.

SO I WAS LOOKING AT, UM, Y'ALL HAD A, I THINK A 30 FOOT BUFFER SPACE, UM, THROUGH HALF OF YOUR PROPERTY, BUT I'M NOT SURE WHAT'S HAPPENING THROUGH THE REST OF IT.

THAT'S WHERE I BELIEVE THIS MYSTERY CREEK EXISTS.

AND SO I'M JUST CURIOUS, BASED ON YOUR DUE DILIGENCE PRIOR TO BRINGING THIS ZONING CASE HERE, DO DO Y'ALL ANTICIPATE TRYING TO RESTORE SOME SORT OF CREEK ON THE BACK SIDE OF THE PROPERTY IN THAT VEGETATIVE BUFFER? OR WHAT, WHAT DO YOU THINK YOUR PLAN IS GONNA BE TO MAKE SURE THAT THAT 5.9 ACRES THAT'S CURRENTLY EXPERIENCING FLOODING ISN'T GOING TO CONTINUE EXPERIENCING FLOODING? THE, SO THE, I'LL, I'LL BE QUICK 'CAUSE I KNOW YOUR TIME'S QUICK.

SO THE 30 FOOT VEGETATIVE BUFFER ON THE NORTH SIDE WAS FROM A PREVIOUS ZONING CASE.

SO THAT CARRIED THROUGH THE 30 FOOT BUILDING SETBACK ON THE SOUTH SIDE WAS AT THE REQUEST OF THE NEIGHBORS.

WE HAVE, I DO HAVE OUR ENGINEERS HERE FROM KIMLEY HORN WHO HAVE STARTED TO LOOK AT THAT AS THEY GO THROUGH THE SITE DEVELOPMENT PERMIT PROCESS THAT DRAIN, THAT WATER THAT COMES TO THE PROPERTY WILL BE TAKEN CARE OF CHANNELIZED AND GOT GOTTEN TO GOD, THAT'S A TERRIBLE WORD, UM, TRANSFERRED TO APPROPRIATE STORMWATER.

ALL OF OUR STUDIES HAVE INDICATED THAT TO ACTUALLY HAVE A CREEK YOU HAVE TO HAVE 64 ACRES OF DRAINAGE AND THAT IS NOT THE CASE.

SO THIS IS NOT CLASSIFIED AS A CREEK RIGHT NOW.

WATER JUST SHEET FLOWS ACROSS THE PROPERTY.

WE WILL HAVE TO DETAIN AND NAVIGATE THAT WATER TO APPROPRIATE CHANNELS.

DO Y'ALL WANNA ADD ANYTHING TO THAT OR IS THAT ACCURATE? PRETTY MUCH IT, THEY SAID THAT'S PRETTY MUCH IT.

I'M NOT SURE IF YOU COULD HEAR, I'M NOT, SO YEAH, .

SO THE, IS ARE YOU EXPECTING TO PUT THAT SOME SORT OF IMPROVED INFRASTRUCTURE ON THE BACKSIDE OF YOUR PROPERTY WHERE THIS IS INTENDED TO DRAIN? I THAT WELL GO AHEAD.

SO YES, THERE IS OFFSITE DRAINAGE.

WE INTEND TO, UM, DESIGN UNDERGROUND STORM SEWER AND A DRAINAGE EASEMENT THAT'S GONNA BE ON THE WEST SIDE OF THE PROPERTY FLOWING NORTH, DRAINING INTO AN EXISTING DRAIN EASEMENT ON THE NORTH SIDE OF MOCKINGBIRD.

OKAY.

SO, SO YOU'RE, YOU'RE PLANNING TO DEDICATE A STORM SEWER EASEMENT THAT CAPTURES THAT OFFSITE DRAINAGE AREA THAT, THAT'S CURRENTLY EXPERIENCING FLOODING ISSUES? CORRECT.

IT WOULD ROUTE AROUND THE BUILDING AND TO THE NORTH OF THE PROPERTY WHERE IT'S NATURALLY DRAINING TODAY.

OKAY.

IS THERE ANYTHING YOU WANTED TO ADD TO THE CITY'S REPORT, UM, WHERE THEY KIND OF MADE SUGGESTIONS REGARDING CHANNELS AND PIPES AND STUFF? UH, NO.

I MEAN, THERE IS OFFSITE FLOW.

UM, IT'S NOWHERE NEAR WHAT A CREEK WOULD NEED TO BE CLASSIFIED AS A CREEK OR A CRITICAL WATER QUALITY ZONE, HAVE ANY SORT OF SETBACKS.

UM, BY CODE WE ARE CAPTURING IT ROUTING AROUND OUR SITE, DISCHARGING IT NORTH.

WE'LL HAVE ONSITE DETENTION AND ONSITE WATER QUALITY FOR, FOR OUR IMPERVIOUS COVER.

UM, AND YEAH, I MEAN IT'S PRETTY TYPICAL FOR ANY PROJECT WITH

[00:55:01]

OFFSITE DRAINAGE.

SO WE WENT OVER TIME A LITTLE BIT, UM, BUT I KNOW THAT WAS A QUESTION THAT THOMAS, CAN YOU INTRODUCE YOURSELF FOR THE RECORD? SORRY, THEY ASKED US THE RECORD.

YEAH.

THOMAS LOMBARDI JR WITH KIMLEY HORN.

THANK YOU.

OKAY, WE'LL MOVE ON TO OUR SECOND QUESTION.

COMMISSIONER ZA.

THANK YOU CHAIR.

UM, THIS WOULD BE FOR THE APPLICANT OR THIS OUR STAFF.

CAN YOU ALL HELP US UNDERSTAND SOME OF THE PARKING AND TRANSPORTATION ISSUES IN THE NEIGHBORHOOD AND HOW IS SORT OF, HOW ARE Y'ALL THINKING OF MANAGING PARKING ON THIS SITE? AND THEN I CAN, PARKING WILL BE IN A STRUCTURED PARKING GARAGE.

UH, OUR INTENT IS THAT WE'LL LIKELY HAVE ACCESS OFF OF, UH, REDBIRD AND MOCKINGBIRD AS IT'S BEST PRACTICE IS NOT TO PUT NEW CURB CUTS ON SOUTH CONGRESS AVENUE, BUT ALL PARK, ALL PROPERTY, ALL PARKING WILL BE STRUCTURALLY PARKED AND ON THE SITE.

WE'RE NOT ANTICIPATING COUNTING ANY OFF STREET PARKING OR UTILIZING ANY OFF STREET PARKING.

I APPRECIATE THAT.

WOULD Y'ALL HAVE ANY CONSIDERATION FOR IF THERE IS EXCESS PARKING EVENTUALLY ONCE YOU HAVE EVERYTHING LEASED, WOULD YOU BE OPEN TO HAVING SOME KIND OF SHARING AGREEMENT WITH THE BAR OR OTHER SORT OF SOMETHING IN THE NEIGHBORHOOD? I THINK THAT'S SOMETHING WE'D HAVE TO ADDRESS AT THE TIME.

UM, BUT WE ARE ANTICIPATING ALL OF OUR PARKING BEING ON SITE, BUT WE COULD LOOK AT THAT IN THE FUTURE.

THAT STAFF, I DON'T KNOW IF OUR STAFF HAD ANYTHING TO ADD ON THE PARKING AND TRANSPORTATION IMPROVEMENTS HERE.

NOPE.

I DON'T SEE ANY, UH, QUESTION ON THAT.

I, I ALSO WANTED TO CHECK IN WITH OUR WATERSHED STAFF.

THANK YOU ALL FOR BEING HERE.

UM, APPRECIATE THAT.

YOU KNOW, WE JUST HEARD ABOUT THE SORT OF THE, THE WATER FEATURE IN THE BACK AND THE SORT OF LOCALIZED FLOODING CONCERN.

CAN Y'ALL SPEAK FROM THE PERSPECTIVE OF WHAT Y'ALL SHARED WITH THE NEIGHBORHOOD AND HOW Y'ALL SEE THIS WILL BE ADDRESSED? SURE.

UH, JANAE SPIN SOME WITH THE WATERSHED PROTECTION DEPARTMENT, ASSISTANT DIRECTOR OVER PROJECT DESIGN AND DELIVERY.

UH, WE GOT INVOLVED THROUGH A CUSTOMER SERVICE REQUEST THAT WE, WE RECEIVED, UH, FOR ONE 10 REDBUD AND SO OUR ONE 10 REDBIRD.

AND SO THAT'S WHERE THE REPORT THAT YOU GUYS HAVE SEEN, UM, THE, THE RECOMMENDATIONS THAT ARE IN THERE ARE MORE.

SO THIS IS HOW IN GENERAL WE CAN CONVEY WATER.

IT WASN'T SAYING THIS IS WHAT IS RECOMMENDED IN ANY PARTICULAR AREA.

IT WAS MORE SO TALKING ABOUT THE DRAINAGE PATTERNS FOR ONE 10.

UM, REDBIRD WE ARE NOT INVOLVED IN THE, IN THE CASE AT THIS POINT.

WE HAVEN'T DONE ANY ANALYSIS ON THE ACTUAL SITE.

UM, WE HAVEN'T LOOKED IN DEPTH.

USUALLY WE ARE ONLY INVOLVED WHEN IT GETS TO THE, UH, NEXT STEP IN THE PROCESS WHEN WE'RE LOOKING OVER, UH, REGULATIONS, UH, AS PART OF THE, UH, SITE DEVELOPMENT PROCESS.

SO I I APPRECIATE THAT.

AND COULD YOU TALK A LITTLE BIT ABOUT WHEN I UNDERSTAND RIGHT, THIS IS NOT PART OF THE ZONING.

SURE.

WHEN THIS DOES, WHEN SOMETHING LIKE THIS COMES UP FOR SITE PLAN, WHAT WOULD, WHAT ARE ALL THE CONSIDERATIONS YOU WERE LOOKING AT? WHAT ARE SOME OF THE TYPE OF RECOMMENDATIONS THAT COME OUT OF YOUR TEAM? SO THERE ARE A LOT, I MEAN, THERE ARE DONE TONS OF DIFFERENT LOCAL AND STATE REGS THAT THEY WOULD HAVE TO COME, UH, COMPLY WITH.

SO MAKING SURE THAT THEY ARE CONVEYING OFFSITE DRAINAGE, THAT THEY'RE ALSO MITIGATING THEIR OWN, UM, THE WATER QUALITY, UM, ALL THE THING, THERE'S, IT'S A, WE HAVE A WHOLE CODE THAT HAS ALL OF IT.

I'M SURE YOU GUYS ARE FAMILIAR, BUT I DON'T, I DON'T KNOW HOW IN DEPTH YOU WANT ME TO GO ON ALL OF THAT.

SURE.

AND JUST TO BE CLEAR, IF THERE IS WATER FLOWING TO THIS SITE, THEY HAVE TO, AT THAT TIME, THEY WOULD BE REQUIRED TO FIGURE OUT HOW THAT WILL BE CONVEYED OFFSITE? CORRECT.

AND FOR ALL OF THE WATER THAT WILL BE PRODUCED FROM THEIR OWN SITE BEYOND WHAT EXISTS THERE TODAY, THEY WOULD BE REQUIRED TO DO SOME KIND OF WATER QUALITY MITIGATION FOR THAT? CORRECT.

OKAY.

I APPRECIATE THAT VERY MUCH.

THANK YOU CHAIR.

THAT'S MY TIME.

OKAY.

OTHER QUESTIONS? YES, COMMISSIONER CONNOLLY, I WOULD LIKE TO ASK A QUESTION OF THE APPLICANT.

UM, IN THE LAST MEETING, UH, WE HAD SOME DISCUSSION AND IN THE PRESENTATION INITIALLY WE WERE TOLD THAT THE APPLICANT WAS PROPOSING AN RCA RESTRICTIVE COVENANT WITH THE NEIGHBORHOOD WHERE THE APPLICANT WAS AGREEING TO REMOVE BALCONIES.

COULD YOU EXPLAIN THAT TO ME? IS THAT STILL THE CASE? UM, OR NOT AT THIS POINT? THERE HAS NOT BEEN A RESTRICTIVE COVENANT THAT HAS BEEN EXECUTED.

UH, AS, AS I MENTIONED LAST TWO WEEKS AGO, OUR ORIGINAL INTENT WAS TO HAVE BALCONIES ON ALL OF THE PROPERTY.

WE WERE ASKED FOR ALL OF THE PIECES, UM, TO TRY TO BE GOOD NEIGHBORS.

WE AGREED THAT WE WOULD WORK TOWARDS NO BALCONIES.

AT THIS TIME, THERE HAS NOT BEEN ANYTHING EXECUTED THAT STATE.

OKAY.

BUT WE WOULD, WE WOULD BE HAPPY TO PROVIDE BALCONIES ON THE PROPERTY.

THAT WAS OUR ORIGINAL INTENT.

SO WOULD YOU BE, UM, AGREEABLE TO NOT MOVING FORWARD WITH THIS RESTRICTIVE COVENANT OR IS THERE STILL A WORLD WHERE THAT IS BEING CONSIDERED? I THINK THAT THERE'S OTHER PIECES OF THE RESTRICTIVE COVENANT THAT WE WOULD DEFINITELY NEED TO TALK TO, BUT WE WOULD BE AMENABLE TO MOVING FORWARD.

EXCLUDING THE PIECE THAT EXCLUDES BALCONIES.

I THINK I SAID THAT RIGHT.

OKAY.

YEAH.

PERFECT.

? YES, SIR.

ALL RIGHT.

THANK YOU.

THAT'S VERY HELPFUL.

THANK YOU.

UM, AND THEN I WOULD LIKE TO ASK A QUESTION OF WATERSHED, UM, IF WITH A FEW SECONDS I HAVE LEFT.

UM, UH, SO JUST, YOU KNOW, THE, WE'VE HEARD FROM FOLKS IN THE NEIGHBORHOOD DESCRIBE THIS, UM, DRAINAGE DITCH AS MYSTERY CREEK.

UM, WE DON'T KNOW IF IT'S A CREEK, IF IT'S A DITCH.

COULD YOU JUST SPEAK A LITTLE BIT TO THE HISTORY, THE ORIGIN OF THIS? DO YOU KNOW HOW IT GOT THERE? SO WE HAVE NOT REVIEWED THIS

[01:00:01]

AREA.

WE HAVEN'T BEEN CALLED ON TO, TO LOOK INTO THIS AREA YET.

AGAIN, THAT'S SOMETHING WE WOULD DO AS WE GET FURTHER INTO THE PROCESS.

WHEN WE DID GET THIS, UH, REQUEST, WE LOOKED AT THE AREA, UM, THAT WAS WITHIN OUR RIGHT OF WAY AND LOOKED AT THE DRAINAGE PATTERNS AND DID NOTICE A FEW, UH, REPAIRS THAT CAN BE MADE OF, OF PIPE THAT CONVEY, UH, THE WATER ACROSS, UH, REDBIRD.

AND SO WE'RE WORKING ON MAKING SOME REPAIRS THERE.

UM, BUT WE HAVEN'T DONE ANY, ANY ANALYSIS ON ANY OF THAT WILL BE LATER IN THE PROCESS.

OKAY.

SO IF, WHEN THAT LATER STAGE IN THE PROCESS COMES, YOU ARE, YOU KNOW, CONDUCTING ANALYSIS OF THE AREA AND YOU WERE TO CONDUCT THAT THERE ACTUALLY IS A CREEK THERE, WHAT WOULD APPROPRIATE, WHAT WOULD HAPPEN IN SUCH AN INSTANCE? UM, THEY WOULD HAVE TO FOLLOW WHATEVER, UH, REGULATIONS APPLY TO, TO WHAT'S THERE AND MAKE SURE THAT THE DRAINAGE IS CONVEYED.

OKAY.

SO THERE WOULD IN NO WAY BE EXEMPTED FROM THE REGULATIONS THAT WOULD APPLY IF THERE WERE