* 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. [00:00:01] 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 A REAL CREEK ON THE SITE? UM, I DO NOT BELIEVE SO. OKAY. THANK YOU. THAT'S, UM, THAT'S IT. THOSE ARE ALL MY QUESTIONS. OKAY. WE HAVE TWO MORE SPOTS LEFT. OTHER QUESTIONS? COMMISSIONER HAYNES. OH, COMMISSIONER HAYNES, I HAVE A QUESTION FOR THE APPLICANT. HELLO. I, UH, MS. SORE, UM, UH, COMMISSIONER HAYNES. SORRY I'M NOT THERE. UH, JUST A COUPLE OF QUICK QUESTIONS. UM, IN THE INTERVENING TWO WEEKS SINCE YOU WERE THERE, HAVE Y'ALL CONTINUED TO WORK WITH THE APPLICANT OR WITH THE, UH, NEIGHBORHOOD AND MORE IMPORTANTLY, AS YOU, IF YOU PROCEED FROM TONIGHT, ARE YOU AGREEABLE TO CONTINUE TO WORK WITH THE, UH, NEIGHBORHOOD TO TRY TO ADDRESS THEIR CONCERNS AND UH, MAKE SURE THAT, UM, I FORGET WHO IT WAS THAT, BUT SAID IT VERY, AND IT MAY HAVE BEEN USED, SAID THAT THE NEW NEIGHBORS AND THE OLD NEIGHBORS WERE MELD TO BE ONE NEIGHBORHOOD? THAT WAS ME. UH, THERE HAS NOT BEEN DISCUSSION BETWEEN LAST WEEKS OR TWO WEEKS AGO HEARING AND THIS HEARING AS I THINK EVERYONE NEEDED TO REALLY HEAR WHAT THE NEXT STEPS WERE. BUT WE'VE BEEN WORKING WITH THE NEIGHBORS AND LIKE I SAID, REACHED OUT THE DAY WE SUBMITTED THE APPLICATION AND WOULD BE EXCITED TO CONTINUE THOSE CONVERSATIONS. I APPRECIATE THAT ATTITUDE. AND THEN I JUST WANTED TO SAY FROM ONE COMMISSIONER'S PERSPECTIVE, UH, CERTAINLY NOT SPEAKING FOR ANYONE ELSE, UH, AND CERTAINLY NOT SPEAKING FOR THE CITY OF AUSTIN, I WILL TELL YOU THAT I AM, UM, UM, SORRY, THAT, UH, UH, YOU WERE WELL PREPARED AT OUR LAST MEETING AND, UH, YOU AND YOUR TEAM WERE THERE AND READY TO GO AND THE CITY FAILED YOU. AND SO FOR THIS TWO WEEK DELAY, I AS ONE COMMISSIONER, UH, AND ONLY ONE COMMISSIONER, I APOLOGIZE FOR THAT. AND I WANNA MAKE SURE THAT, UH, FROM ONE COMMISSIONER'S PERSPECTIVE, UH, YOUR CLIENTS, YOUR FIRM, AND EVERYONE KNOWS THAT, THAT THIS IN THE DELAY WAS IN NO WAY, UM, ATTRIBUTABLE TO YOUR PROFESSIONALISM OR YOUR PREPARATION ON THIS, UH, ACTION. THANKS. THANK YOU. NO OTHER QUESTIONS? COMMISSIONER HANDS? OKAY. UM, COMMISSIONER PHILLIPS, A QUESTION FOR THE APPLICANT, PLEASE. WOULD YOU REMIND US ABOUT THE AFFORDABILITY COMPONENT FOR THIS PROJECT? THIS IS A LITTLE BIT HARD OF A QUESTION TO ANSWER TODAY BEING THE DAY AFTER EVERYTHING THAT HAPPENED YESTERDAY, BUT THIS, UH, THIS WILL BE A VERTICAL MIXED USE PROJECT. SO IT WILL BE SUBJECT TO ALL OF THE REQUIREMENTS THAT ARE IN CODE AT THE TIME OF SITE DEVELOPMENT PERMIT. UM, AS OF TODAY, RIGHT NOW, THAT IS A-A-V-M-U WITH A MINIMUM OF 10% OF THE UNITS AT 60% OF THE MEDIAN FAMILY INCOME SHOULD ADDITIONAL BONUS AREAS BE APPLICABLE. AND THERE BE OPTIONS WE HAD MADE THE COMMITMENT TO CHOOSE THE LOWER OF THE OPTIONS, UM, SHOULD THAT BE, UH, A PERCENTAGE OF THE UNITS AT 50% OF THE MFI AND THAT'S WHAT WE HAD COMMITTED TO AGAIN. WE'LL, WHEN THAT HAPPENED. THANK YOU. I REALLY APPRECIATE THAT. AND I WANNA, UM, MAYBE SHARE COMMISSIONER CONLEY'S CONCERN ABOUT THE BALCONY ISSUE, UM, BECAUSE IT SEEMS LIKE THAT IF THAT TRAJECTORY HAPPENS IN THE WORLD WHERE THERE AREN'T BALCONIES, THAT IT'S GONNA PROBABLY FALL TO THE UNITS THAT ARE AFFORDABLE, QUOTE UNQUOTE. AND THAT WOULD BE TRAGIC IN SOME WAYS, KNOWING WHAT WE KNOW ABOUT BEING IN AN OUTDOOR SPACE FOR AT LEAST 20 MINUTES A DAY AND HOW THAT CONTRIBUTES TO YOUR PHYSICAL HEALTH AS WELL AS YOUR MENTAL HEALTH. SO, UM, I JUST WANTED TO MAKE THAT COMMENT. THANK YOU. I DEFINITELY APPRECIATE IT. THANK YOU SO MUCH. AND THAT WAS OUR FIVE SPOTS. WERE THERE, UM, OTHER QUESTIONS WE CAN CONSIDER EXTENDING CHAIR? [01:05:01] I JUST, I WANTED TO ASK, UM, ONE OF THE NEIGHBORHOOD A QUESTION ABOUT THE PICTURE WE SAW. IF I COULD, UH, HAVE THE PRIVILEGE OF, UH, ONE MORE QUESTION. SURE. YES. OKAY. UH, THE GENTLEMAN, I, I AM SORRY, I FORGOT YOUR NAME THAT SHOWED THE PICTURE WITH A PIPE AND I'M, YES, SIR. IF YOU COULD COME UP, I'M, I'M LOOKING AT A MAP NOW. WHERE IS THIS EX EXACTLY. AND SORRY IF I DIDN'T CATCH IT. IS IT BETWEEN, UH, REDBIRD AND, UH, MOCKINGBIRD, OR THAT IS DIRECTLY NORTH OF 300 MOCKINGBIRD. WHERE? BLUEBIRD LANE, UM, DEAD ENDS. OH, OKAY. I SEE IT NOW. SO IT'S NOT, IT'S NOT DIRECTLY BEHIND THE PROPERTY. IT, IT'S NOT ADJACENT TO THE PROPERTY IN QUESTION. I'M JUST USING THAT AS AN ILLUSTRATION OF THE INCREASED, UM, IMPERVIOUS COVER AND WHAT IT'S DOING TO OUR WATERWAYS. SURE. OKAY. AND, UH, WHICH WAY DOES IT, DOES IT FLOW? IT'S, IT'S FLOWING TO THE CREEK FROM THE FOREGROUND, UH, OFF INTO THE DISTANCE. OKAY. UM, THAT WAS TAKEN ABOUT TWO O'CLOCK THIS AFTERNOON. OKAY. I APPRECIATE IT. THANK YOU. YOU'RE WELCOME. THAT'S ALL I HAVE, CHAIR. OKAY, SO WE'RE AT THE END OF OUR QUESTIONS. UM, I WILL ENTERTAIN MOTIONS IF ANYONE HAS ONE. COMMISSIONER CONNOLLY. UM, UH, I'M SORRY, I'M GONNA, I'M GONNA ATTEMPT SOMETHING HERE. UM, LET'S SEE WHAT, HOW IT GOES, . SO I WOULD LIKE TO MAKE A MOTION, UH, TO GA TO GRANT THAT THE APPLICANT'S REQUEST, UM, UH, BOTH THE PLAN AMENDMENT AND THE ZONING CHANGE. UM, AND I WOULD LIKE TO, WITH THAT MOTION ALSO INCLUDE THAT WE SEND A MEMO TO COUNCIL FROM THE PLANNING COMMISSION WITH THE FOLLOWING PARAGRAPH, WHICH I WILL READ RIGHT NOW. UM, IF EVERYONE IS IN AGREEMENT. CHAIR. COMMISSIONER LAZEN, ANDREW? UM, YEAH. OH, THERE YOU GO. ANDREW . I KNEW IT STILL HERE. RECOMMENDATION ONLY, PLEASE. OH, SORRY. HE SAID RECOMMENDATION ONLY? YES, PLEASE. RECOMMENDATION. OKAY. SO ONLY ON THE ZONING CHANGE IS THAT NO, NO MEMO PARAGRAPH. IS THAT WHAT I'M HEARING? CAN YOU RECOMMEND IT CAN'T BE A PART OF THAT. THAT CAN'T BE A PART OF HIS MOTION. OKAY. OKAY. AND, AND WHAT, HOW CAN WE ADD, UH, THIS, UM, DO WE, WHAT WOULD BE THE MECHANISM, ANDREW, FOR SOMETHING LIKE THAT? CHAIR COMMISSIONER LEE ON VER. SO, UM, WHEN YOU ARE CONSIDERING, UH, THE NEIGHBORHOOD PLAN AMENDMENTS AND ZONING CASES, REMEMBER THAT YOU ARE, OR FOR THE ZONING CASES, YOU ARE RESTRICTED TO THAT, UH, CODE SECTION, UH, WHICH, UM, YOU HAVE BEEN PROVIDED A MEMO IN REGARDS TO, UM, AND I CAN DISSEMINATE THE MEMO AGAIN IF NEED BE. OKAY, THANK YOU. OKAY. UM, COMMISSIONER MADAM CHAIR, I THINK WE NEED TO CLOSE PUBLIC DEBATE, UNLESS IT'S HARD TO, HARDER TO KEEP UP VIA OFFSITE, BUT I DON'T THINK WE CLOSED PUBLIC DEBATE. WE DID. WE DID, YES. UM, BEFORE WE GOT INTO OUR Q AND A, BUT THANK YOU. PERFECT. YEAH. FUTURE PARLIAMENT, PARLIAMENTARIAN, I THINK , I MAY , UM, COMMISSIONER O CONNOLLY, BACK TO YOUR MOTION. UM, ALL RIGHT, WELL THEN I, I WITHDRAW MY MOTION 'CAUSE I WOULD LIKE TO MAKE A MOTION TO GRANT THE APPLICANT'S REQUEST, BUT ONLY IF INCLUDING, ONLY IF THERE'S A WAY TO CONVEY THE FOLLOWING MESSAGE TO COUNSEL. AND IF THERE ISN'T, THEN I WILL WITHDRAW MY MOTION. I'LL LET SOMEONE ELSE MAKE THE MOTION. OKAY. UM, IS THERE ANOTHER MOTION? I, I HAVE A QUESTION. YES, MR. PHILLIPS, IS THERE ANY WAY TO HEAR WHAT THE STATEMENT IS? I, I WOULD LIKE TO HEAR WHAT THE STATEMENT IS SO THAT IF IT'S RELATED TO THE ZONING, IF IT'S WITHIN THE PURVIEW OF THIS, SO UNDER OUR RULES, WE WOULD BE, UM, WE CAN ASK A CLARIFYING QUESTION OF A FELLOW COMMISSIONER. SO IF THAT'S A CLARIFYING QUESTION OF COMMISSIONER CONLEY. THAT'S, IT'S A CLARIFYING QUESTION. THANK YOU COMMISSIONER ZA. UM, I'M HAPPY TO ANSWER. SO THE, THE PARAGRAPH I WOULD LIKE TO INCLUDE SAYS THE FOLLOWING, WHILE THE PLANNING COMMISSION RECOMMENDS THIS CASE, WE DO NOT RECOMMEND ALLOWING OR ENCOURAGING THIS PROJECT TO REMOVE BALCONIES. THESE KEY DESIGN FEATURES ARE ESSENTIAL TO THE QUALITY OF LIFE AND HEALTH OF FUTURE TENANTS. THOUGH WE UNDERSTAND THAT RESTRICTIVE COVENANTS ARE PRIVATE AGREEMENTS BETWEEN APPLICANTS AND NEIGHBORHOODS, WE RE APPRECIATE RESTRICTIVE COVENANTS THAT ELIMINATE BASIC QUALITY OF LIFE FEATURES FOR FUTURE RESIDENTS AND DISCOURAGE AGREEMENTS THAT REDUCE THE STANDARD OF FUTURE RENTAL UNITS. SO THAT WOULD BE MY STATEMENT. AND THEN IF WE CANNOT ADD THAT, THEN IN [01:10:01] ANY CASE, OKAY. UM, WAS THERE ANOTHER MOTION? I NO, I WAS JUST GONNA TELL COMMISSIONER CONLEY, PLEASE SPEAK INTO THE MICROPHONE 'CAUSE FOLKS VIRTUALLY CANNOT HEAR IT. OTHERWISE. MOTION. MR. MAXWELL? I, UM, YES, I'D LIKE TO MAKE A MOTION TO RECOMMEND, UH, APPLICANT REQUEST SECOND BY COMMISSIONER ANDERSON, WOULD YOU LIKE TO SPEAK TO YOUR MOTION? UM, YEAH, I WOULD. UM, I'M FIRST OF ALL DELIGHTED THAT WE HAVE GOTTEN SOME CLARIFICATION AROUND SOME OF THE DRAINAGE AND OTHER TECHNICAL ISSUES IN THIS CASE. AND I'M HAPPY TO MAKE THE MOTION TO SUPPORT THIS BECAUSE I THINK AS WE'VE HEARD, UM, VERY CLEARLY THAT THIS IS IN A TRANSIT RICH AREA WITH A LOT OF GREAT NEW UNITS. AND I THINK THAT THE NEIGHBORHOOD SPEAKING SO PASSIONATELY ABOUT THIS AREA MAKES IT CLEAR WHY PEOPLE WOULD WANT TO LIVE HERE. AND I REALLY HOPE THAT AS THE APPLICANT POINTED OUT, THAT THEY ARE GOING TO MAKE EVERY EFFORT TO MAKE THIS A NEIGHBORHOOD WHERE BOTH OLD AND NEW CAN BLEND, WHICH I THINK IS A BEAUTIFUL THING WE DO TRY TO DO HERE IN AUSTIN. AND I SINCERELY HOPE THAT THAT IS THE OUTCOME FROM THIS AND THAT I'LL BE SUPPORTING IT. CHAIR, I HAVE A QUESTION OF THE MOTION MAKER. SO ONE, I JUST WANT TO MAKE SURE THAT THIS, YOU'RE SPEAKING FOR BOTH ITEM TWO AND THREE. YES. AND THE OTHER ONE WAS, YOU MENTIONED APPLICANT REQUEST, BUT THERE WAS A STAFF RECOMMENDATION WITH THE CO YES, THAT I, THE STAFF RECOMMENDATION AND OKAY. AND THAT IS AGREEABLE TO THIS SECOND? YEAH. OKAY. OKAY. SO JUST SO WE'RE CLEAR, WE'RE TALKING ABOUT BOTH ITEM TWO AND THREE AND THE STAFF RECOMMENDATION, INCLUDING THE CO AS SUGGESTED BY STAFF. THANK YOU. OKAY. UM, ANYBODY SPEAKING AGAINST THE MOTION SPEAKING FOR COMMISSIONER ANDERSON BRIEFLY, AND I KNOW THE APPLICANT ALLUDED TO THIS, IT'S, IT'S A SHAME THAT WE JUST FIGURED OUT NOW THAT WE LOST A TREMENDOUS AMOUNT OF AFFORDABLE HOUSING ON THIS SITE BECAUSE OF THE WAY THAT A COURT OVERTURNED A, A SUPER MAJORITY'S WILL OF CITY COUNCIL. AND IT'S TOO BAD TO KEEP LOSING OUR TOOLS, BUT WE HAVE TO STAY AT IT. HOPEFULLY WE CAN GET BETTER TOOLS HERE SOON. ALL RIGHT. ANYBODY SPEAKING AGAINST ANY COMMISSIONER SPEAKING FOR? OH, I'LL, I'LL, I'LL SPEAK FOR IT, BUT THE CAVEAT CHAIR THAT I, I THINK YES, THIS, YOU KNOW, THIS SEEMS LIKE A CLEANUP. THERE'S A LOT OF SERVES ONLY AVAILABLE TODAY, SO IT SEEMS LIKE THIS IS AN ABILITY FOR THEM TO BRING THIS TOGETHER. I REALLY HOPE THAT AS THIS MOVES FORWARD, UM, THE APPLICANT CONTINUES TO LOOK AT SOME OF THOSE PARKING RESTRICTIONS AND ALSO WORK WITH STAFF AS IT REACHES SITE PLAN TO CONSIDER ANY LOCALIZED FLOODING ISSUES THAT HAVE BEEN BROUGHT UP. I THINK THOSE ARE ALL IMPORTANT THINGS AND AS WE, AND I HOPE THAT OUR STAFF CAN BE LOOKING AT SOME OF THOSE ABILITY ON WHAT STREET PARKING ON THAT STREET LOOKS LIKE, PARTICULARLY WITH THE ADDITION OF ADDITIONAL, UM, USAGE OF THE STREET WITH THIS NEW DEVELOPMENT. AND I WOULD AGREE WITH WHAT BOTH MY FELLOW COMMISSIONERS, UH, COMMISSIONER CONLEY AND COMMISSIONER PHILLIPS HAVE MENTIONED, NOT OUT OF, NOT PART OF WHAT WE HAVE HERE, BUT I REALLY HOPE THAT THE APPLICANT CAN CONSIDER WHAT IT MEANS TO PROHIBIT CERTAIN FOLKS FROM HAVING BALCONY ACCESS OR ACCESS TO PERSONAL OUTDOOR SPACE. IT'S REALLY CRITICAL. I THINK MY FELLOW COMMISSIONERS HAVE MADE A GOOD POINT OF WHY IT'S IMPORTANT. I WOULD ALSO SAY, YOU KNOW, I LIVED IN APARTMENTS ALL MY LIFE. UM, PARTICULARLY IN AUSTIN. WE ALL WENT THROUGH A PANDEMIC WHERE WE REALLY COULD NOT GO OUT, EVEN GOING TO APARTMENT THAT I HAD TO PUT ON A MASK, IF I WENT OUT WALKING ON THE STREET, I HAD TO WEAR A MASK IN THE EARLY PART OF THE PANDEMIC WHERE I WAS UNSURE OF WHAT THE PROPER SAFETY PROTOCOLS WERE. THAT TEENY TINY SPACE, WHICH WAS MY BALCONY, WAS THE ONLY REAL OUTDOOR SPACE I HAD TO ENJOY IT WITH MY FAMILY OR WITH MY HOUSEHOLD. AND SO IT'S A CRITICAL PART OF BEING ABLE TO ENJOY MY HOME. IT IS A CRITICAL PART OF BEING ME, BEING ABLE TO HAVE BETTER PHYSICAL AND MENTAL HEALTH. I REALLY HOPE THAT THAT'S SOMETHING THAT WE DON'T DO. I KNOW I'VE MENTIONED THIS OF APPLICANTS IN THE PAST, AND THAT IF THESE ARE THE KIND OF, SORT OF AGREEMENTS THAT THEY MAKE, IT MAKES IT VERY HARD FOR US TO SUPPORT THESE CASES BECAUSE THIS IS NOT THE SORT OF HOUSING THAT WE WANT FOR PEOPLE IN OUR, IN OUR COMMUNITY. IT'S NOT JUST ABOUT MORE UNITS, IT'S ALSO ABOUT THE QUALITY OF LIFE OF THE PEOPLE WHO GOING TO LIVE THERE. SO I REALLY HOPE THAT THAT'S SOMETHING THAT CAN BE TAKEN INTO CONSIDERATION WHILE Y'ALL WORK WITH THE NEIGHBORHOOD AS THIS MOVES FORWARD. THANK YOU CHAIR. ALRIGHT. UM, IF NO OPPOSITION, LET'S GO AHEAD AND TAKE A VOTE ON THIS ITEM. THIS IS THE MOTION TO GO WITH STAFF'S RECOMMENDATION ON BOTH NUMBER TWO AND NUMBER THREE. UM, MADE BY COMMISSIONER MAXWELL, SECONDED BY COMMISSIONER ANDERSON. ALL THOSE ON THE ES IN FAVOR, 3 1 6 7 8 ONLINE. UM, THOSE IN FAVOR, I SEE TWO ANY AGAINST ON THE DAAS NONE. COMMISSIONER COX IS OFF THE DA COMMISSIONER COX IS OFF THE DAAS. OKAY, SO THAT PASSES. UM, 10 ZERO. [01:15:01] THANK YOU EVERYONE. LET'S MOVE ON TO ITEMS NUMBER [Items 14 & 15] 14 AND 15. MARINE MEREDITH PLANNING DEPARTMENT. ITEM NUMBER 14 IS PLAN AMENDMENT NPA 20 23 0 2 0 1. PROPERTY ADDRESS IS 42 0 1 SOUTH CONGRESS AVENUE. IT IS WITHIN THE SOUTH CONGRESS COMBINED NEIGHBORHOOD PLANNING AREA. THE REQUEST IS TO CHANGE THE FUTURE LAND USE MAP FROM INDUSTRY TO MIXED USE LAND USE. IT IS RECOMMENDED BY STAFF. THE SOUTH CONGRESS NEIGHBORHOOD PLAN CONTACT TEAM HAS SUBMITTED A LETTER OF RECOMMENDATION AND IT IS ON PAGE 24 OF THE PLAN AMENDMENT STAFF CASE REPORT. GOOD EVENING COMMISSIONERS. NANCY ESTRADA WITH THE PLANNING DEPARTMENT. THIS IS ITEM 15 ON YOUR AGENDA. KC 14 20 23 0 0 43, 42 0 1 SOUTH CONGRESS. THE PROPERTY'S LOCATED AT 42 0 1 SOUTH CONGRESS AVENUE. IT IS CURRENTLY ZONED LINP AND L-I-C-O-N-P. AND THE APPLICANT IS REQUESTING C-S-M-U-V-P. THE SUBJECT REZONING AREA IS LOCATED AT THE INTERSECTION OF SOUTH CONGRESS AVENUE IN INDUSTRIAL BOULEVARD, JUST SOUTH OF BEN WHITE. IT IS APPROXIMATELY FIVE AND A HALF ACRES AND IS CURRENTLY DEVELOPED WITH ONE LARGE INDUSTRIAL WAREHOUSE AND TWO SMALLER COMMERCIAL BUILDINGS THAT ARE PARTIALLY OCCUPIED. IT'S CURRENTLY ZONED LI NP WITH A SMALL PORTION OF THE SITE ALONG THE EASTERN BOUNDARY THAT IS ZONED LI THE APPLICANT IS REQUESTING TO REZONE THE PROPERTY TO C-S-M-U-V-N-P AND ADA. UH, THEY'RE PROPOSING ADAPTIVE REUSE OF THE LARGER EXISTING INDUSTRIAL BUILDING IN ORDER TO REDEVELOP IT INTO SMALLER BUILDINGS OF OFFICE, RESTAURANT, AND RETAIL USE WITH THE OPTION OF INCLUDING RESIDENTIAL. THERE IS A PLANNED URBAN TRAIL ADJACENT TO THIS SITE AND ACCESS TO THE URBAN TRAIL IS PROPOSED FROM THE RE THE REDEVELOPED BUILDINGS BEING USED FOR THE OFFICE, RESTAURANT AND RETAIL SPACES. STAFF IS RECOMMENDING C-S-M-U-V-C-O-N-P COMBINING DISTRICT ZONING. THE PROPOSED CONDITIONAL OVERLAY WOULD CONSIST OF THE LIST OF PROHIBITED USES THAT ARE INCLUDED IN THE STAFF REPORT. AND THE APPLICANT IS IN AGREEMENT WITH THE PROPOSED CONDITIONAL OVERLAY. STAFF IS RECOMMENDING C-S-M-U-V CO MP ZONING FOR THE SUBJECT PROPERTY BASED ON THE FOLLOWING CONSIDERATIONS. IT'S LOCATION AT AN INTERSECTION OF A MAJOR ARTERIAL STREET, SOUTH CONGRESS AVENUE, AND A COLLECTOR STREET INDUSTRIAL BOULEVARD. IN ADDITION TO BEING LOCATED JUST SOUTH OF BEN WHITE BOULEVARD, AN URBAN TRAIL IS PLANNED ALONG THE NORTHERN BOUNDARY OF THE PROPOSED DEVELOPMENT. COMMERCIAL USES WOULD BE AVAILABLE TO SERVE RESIDENCES, RESIDENTS OF THE ADJACENT AREAS AS WELL AS THE WIDER COMMUNITY. THERE ARE NUMEROUS MULTIFAMILY MIXED USE PROJECTS THAT ARE ZONED C-S-M-U-V LOCATED ALL ALONG SOUTH CONGRESS AVENUE TO THE SOUTH, UM, INTO THE SOUTH OF THE PROPOSED SITE. SOUTH CONGRESS AVENUE IS A CORE TRANSIT CORRIDOR AND THIS SITE IS LOCATED WITHIN A CORRIDOR MILE OF A TRANSIT CENTER. IT IS CURRENTLY SERVED BY CAPITAL METRO BUS ROUTES, INCLUDING A METRO RAPID BUS ROUTE. I'M HERE FOR ANY QUESTIONS. THANK YOU. CHERRY WILL NOW HEAR FROM THE APPLICANT FOR FIVE MINUTES. GOOD EVENING COMMISSIONERS. FARRIS CL FARRIS CLEMENTS WITH ARMES AND BROWN ON BEHALF OF THE APPLICANT. UM, WE'RE HERE TODAY REQUEST AN AMENDMENT ON THE FUTURE LAND USE MAP ON A SMALL PORTION OF THE PROPERTY LOCATED AT 42 0 1 SOUTH CONGRESS FROM INDUSTRY TO MIXED USE. UM, AND ALSO REQUEST TO REZONING OF THE ENTIRE PROPERTY FROM LIMITED INDUSTRIAL NEIGHBORHOOD PLAN TO C-S-V-M-U-C-O-N-P-V-M-U ZONING, WHICH AS YOU ALL KNOW, ALLOWS ACCESS TO THE VMU DENSITY BONUS PROGRAM. UM, THIS IS ALREADY WIDELY USED ON THE SOUTH CONGRESS CORRIDOR, INCLUDING MANY PROPERTIES AROUND US. UM, APPROVING VMU FOR OUR SIDE IS FULLY PRECEDENT AND WILL BETTER ALIGN WITH THE CITY'S POLICY VISION FOR ITS CORRIDORS. UM, WE'VE HAD MULTIPLE ZOOM MEETINGS WITH THE SOUTH CONGRESS COMBINED NEIGHBORHOOD GROUP, UM, CONTACT TEAM SINCE OUR SUBMITTAL IN FEBRUARY, WE HAVE THE NEXT SLIDE. LET'S SEE HERE. WE'RE, UM, WE HAD A POSTPONEMENT ON SEPTEMBER 26TH AND WE'VE HAD FIVE ZOOM MEETINGS WITH THE, UH, CONTACT TEAM SINCE THEN TO DISCUSS A, UM, A FORMAL AGREEMENT TO ADDRESS CERTAIN NEIGHBOR CONCERNS. WE'VE UNFORTUNATELY REACHED AN IMPASSE ON THAT DOCUMENT, UM, AND I'VE NOT GONE NOT GOTTEN TO AN AGREEMENT ON THAT. UM, [01:20:01] THIS PROPERTY NEXT SLIDE. THIS PROPERTY IS LOCATED AT 42 1 SOUTH CONGRESS. THIS IS JUST ONE BLOCK SOUTH OF BEN WHITE. UM, AGAIN, THIS CONSISTS OF FIVE NINE ACRES. IT'S CURRENTLY USED FOR WAREHOUSE AND RETAIL USES. UM, IT'S LOCATED ON IMAGINE AUSTIN CORRIDOR AND IT, AND IT'S ON A LIGHT RAIL LINE, WHICH IS SUBJECT TO THE HEIGHTENED AFFORDABILITY STANDARDS IF THE V COMPONENT IS UTILIZED. UH, NEXT SLIDE. THIS CASE IS PROPOSING, AS I SAID, REVISE THE, THE FLUM FROM INDUSTRY TO MIXED USE. AND AS YOU CAN SEE FROM THIS PICTURE, UM, ABOUT 90% OF OUR SITE ALREADY IS FOR MIXED USE. WE'RE LOOKING TO REVISE ABOUT 10% OF IT. UM, THE CITY ORIGINALLY ADOPTED THIS, THESE PLUMB DESIGNATIONS AS PART OF THE SOUTH CONGRESS COMBINED NEIGHBORHOOD PLAN, UM, ABOUT TWO DECADES AGO. AND SINCE THEN, THE CITY'S NEEDS HAVE GROWN AND INVOLVED, UM, WHICH HAS MADE, UH, FLOOD AMENDMENTS LIKE THIS NECESSARY TO KEEP THE NEIGHBORHOOD PLAN UP TO DATE. NEXT SLIDE. UM, AS YOU CAN SEE HERE, THIS GIVES A LITTLE MORE ZONING CONTEXT FOR THE PROPERTY, UM, OR MAINLY SURROUNDED BY OTHER CORRIDORS, UH, OTHER CORRIDOR PROPERTIES WITH CSMU ZONING AS WELL, AS WELL AS L-I-P-D-A NOTE THAT UNLIKE OTHER L-I-P-D-A CASES Y'ALL SEEN HERE RECENTLY, WE'RE JUST LOOKING TO DO THE BASE C-S-M-U-V ZONING. WE'RE NOT LOOKING TO ADD ANY ADDITIONAL HEIGHT OR ANYTHING ABOVE WHAT'S, UM, GRANTS TO US BY CODE. NEXT SLIDE. HERE YOU CAN SEE THE EXISTING INDUSTRIAL BUILDINGS LOCATED ON THE PROPERTY. THE CURRENT PLANS FOR THE PROJECT RE REDEVELOPED, UM, THE CENTER TO INCLUDE OFFICE, RETAIL AND RESTAURANT USES. UM, THE APPLICANT IS PLANNING ON TAKING THESE EXISTING RED BRICK STRUCTURES AND BREAKING 'EM UP INTO SMALLER UH, BUILDINGS. THIS WILL ALLOW BREEZEWAYS, WHICH WILL GIVE BETTER ACCESS TO THE PROPOSED BERTRAM SPUR TRAIL. UM, THE APPLICANT HAS BEEN IN CONTACT WITH THE PARKS DEPARTMENT, UM, IN BASICALLY PUTTING IN ENHANCED AMENITIES ON OUR SIDE PARK BENCHES AND WHATNOT, UM, TO SERVE OUR PROPERTY IN THE GREATER COMMUNITY. UM, WE'RE HERE TO PUSH FOR THE, THE V COMPONENT TODAY TO ALLOW RESIDENTIAL, UH, IN THE FUTURE ON THIS PROPERTY. RIGHT NOW OUR PLANS ARE FOR, UH, AGAIN, OFFICE RETAIL AND RESIDENTIAL, BUT WE WANT TO PRESERVE THAT ABILITY LATER ON DOWN THE LINE. AND OUR HOPE IS TO DO AFFORDABLE HOUSING ON THIS PROJECT, GIVEN THAT IT'S FIVE AND A HALF ACRES, UM, WE'RE HOPING WE WOULD SEE THAT ON THE SOUTHERN, THE SOUTHERN PORTION OF THIS BUILDING. UM, THANK YOU AGAIN FOR TAKING YOUR TIME TONIGHT TO BE HERE. WE'RE HERE TO ANSWER ANY QUESTIONS Y'ALL MIGHT HAVE. THANK YOU, CHAIR. WE WILL NOW HEAR FROM THOSE SPEAKING IN OPPOSITION. UM, FIRST UP IS MR. MARIO CANTU AND HE'S JOINING US VIA TELECONFERENCE. UM, MARIO, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS. CAN YOU HEAR ME? YES, WE CAN HEAR YOU. YES, WE CAN HEAR YOU. HOW LONG, HOW MUCH TIME DO I HAVE? OH, SORRY. YOU'LL HAVE FIVE MINUTES TO SPEAK. OKAY, THANK YOU. MARGO CANTU WITH THE SOUTH CONGRESS CONTACT TEAM CHAIR OF THE CONTACT TEAM. UM, I JUST WANTED TO KIND OF MENTION THAT, UH, AFTER ABOUT SIX MONTHS, WE WERE ABLE TO MEET, UH, WITH FERRIS CLEMENTS AND REGARDING THIS, UH, PARTICULAR ZONING CHANGE, AND WE DID HAVE SOME, A FEW MEETINGS AFTER THAT. UH, WE DO APPRECIATE THAT POSTPONEMENT, THAT WE DID REQUEST A WHILE BACK IN ORDER TO, TO RECEIVE, UH, MUCH NEEDED INFORMATION ABOUT THIS ZONING CHANGE. SO INITIALLY WE UNDERSTOOD THERE WAS GONNA BE 400 UNITS ON THIS PROPERTY, UH, AT 90 FEET. UM, AND THEN ABOUT, UH, TWO MEETINGS INTO THIS, WE CAME BACK AND UNDERSTOOD, UH, THAT ALL THAT HAD CHANGED, UH, THAT THEY WEREN'T GONNA DO THE 400 UNITS AND THAT, UH, IT WAS GONNA BE OFFICE RETAIL AND RESTAURANT. UH, THE FORMAL AGREEMENT, UH, THAT WAS STATED, UH, IS A FORM OF A LETTER OF AGREEMENT. UM, AND THEN ALSO IF YOU ALSO NOTE THAT THE WIDELY USED SOUTH CONGRESS CORRIDOR DOES HAVE, UH, OTHER CONDOS THAT ARE GONNA BE, UH, WELL, INITIALLY THAT WAS REQUESTED AT THE HEIGHT AT UH, OF 90 FEET, BUT THE 400 UNITS, OTHER, OTHER, UH, WE HAVE 60 FEET AS WELL ON THAT CORRIDOR. THE THING IS, IS THAT OTHER APPLICANTS THAT WE HAVE DEALT WITH WHEN IT COMES TO AFFORDABILITY AND VERY SPECIFIC THINGS THAT WE, WE WANT AS WELL, BECAUSE THEY'RE GONNA GET A ZONING CHANGE IN THE NEIGHBORHOOD WITH LIKE, AND CONCESSIONS AS WELL, THAT, UM, WE HAVE THINGS WRITTEN IN A, UM, RESTRICTED COVENANT. AND SO THAT'S WHERE WE, THIS WHOLE THING HAS KIND OF CIRCLED AND SPIRALED AROUND AS A LETTER OF AGREEMENT AS OPPOSED TO [01:25:01] A RESTRICTED COVENANT. AND BECAUSE OF THAT, YOU KNOW, IT'S REALLY HARD FOR US TO SUPPORT THIS BECAUSE WE'RE GETTING MIXED, MIXED, UM, REVIEWS AS TO WHAT'S GONNA TAKE PLACE WITH THIS, UH, PROPERTY. IS IT GONNA BE 400 UNITS? IS IT GONNA BE COMMERCIAL, RETAIL AND RESTAURANT? AND IF IT'S GONNA BE THAT THERE'S NO REASON FOR A ZONING CHANGE, YOU CAN, YOU CAN CURRENTLY DO THAT RIGHT NOW. SO IF THAT'S WHAT THEY WANT TO DO, WE CAN, THEY CAN GO AHEAD AND DO THAT WITHOUT THE ZONING CHANGE THAT THEY WANT TO COME BACK LATER AT A LATER DATE AND TIME AND DECIDE TO ADD SOME ZONING TO THAT. OR THEY CAN COME BACK WITH A MORE POSITIVE DECIS DECISION. BECAUSE, YOU KNOW, LIKE WE WERE SAYING EARLIER THAT, UM, THE EFFECTS, UH, AND THE QUALITY OF LIFE ON PEOPLE IS TO HAVE AFFORDABILITY. SO INITIALLY WE WERE GONNA HAVE AFFORDABILITY COMPONENT, NOW WE'RE NOT. SO WE WOULD BE FINE WITH THE ZONING THAT EXISTS NOW. UM, AND IF THEY WANNA COME BACK AND HAVE AFFORDABILITY LATER ON, THAT COULD BE A DISCUSSION THAT WE COULD HAVE. SO THE TWO MAIN THINGS THAT STICK OUT IS THE KIND OF THE BACK AND FORTH CHANGING AS TO WHAT'S GONNA REALLY TAKE PLACE WITH THIS PROPERTY AND THAT WE DON'T HAVE ANYTHING REALLY SOLID THAT WE CAN HAVE IN ORDER TO MAKE SURE THAT WHAT WE ARE ASKING FOR, THAT WE'RE GONNA RECEIVE IN A RESTRICTED COVENANT VERSUS A LETTER OF AGREEMENT, WHICH IS THEIR FORMAL AGREEMENT THAT WE JUST ARE NOT SATISFIED WITH. THANK YOU. THANK YOU. AND WE WILL NOW HEAR FROM RAY COLLINS. UM, RAY, YOU WILL HAVE THREE MINUTES TO SPEAK. MY NAME IS RAY COLLINS. I CHAIR THE SOUTH MINCHA NEIGHBORHOOD PLAN CONTACT TEAM JUST TO THE WEST OF THE, UH, SOUTH CONGRESS COMBINED NEIGHBORHOOD PLAN AREA. I'M SPEAKING IN SUPPORT OF MY NEIGHBOR'S DECISION TO OPPOSE THIS ZONING CHANGE WITHOUT AN AGREEMENT WITH A RESTRICTIVE COVENANT. OVER THE YEARS, I'VE OBSERVED THEM SUCCESSFULLY NEGOTIATE RESTRICTIVE COVENANTS ON EAST SAINT ELMO AND ALONG THE EAST SIDE OF SOUTH CONGRESS. AND NOW WE HAVE AN OUTLIER DEVELOPER, UH, RED CAR, WHO WILL, UH, THUS FAR ONLY OFFER A LETTER OF AGREEMENT SINCE THEY INITIALLY WANTED ZONING FOR 400 RENTAL UNITS AND HAVE NOW CHANGED THEIR REQUEST TO COMMERCIAL, RETAIL AND RESTAURANT. THEIR INTENT FOR THIS PROPERTY IS CALLED INTO QUESTION AND REQUIRES THE COMMITMENT FROM THEM OF A RESTRICTED COVENANT. IN ADDITION, MY PURPOSE TONIGHT AS CHAIR OF THE CONTACT TEAM, UH, OUR CONTACT TEAM IS ALSO TO HIGHLIGHT TO THIS COMMISSION THE RELATEDNESS OF ITEM 15 AND ITEM 21 ON YOUR CONSENT AGENDA. EARLIER YOU'LL FIND IN OUR EXHIBIT A OF OUR POSTPONEMENT REQUEST THAT WE SEEK COMMUNITY BENEFITS FOR RIOS PEDIATRICS, WHICH OFFICES AT 42 0 1 SOUTH CONGRESS SPECIFICALLY, UH, WE SEEK TO MAINTAIN THIS NON-PROFIT PROVIDER OF FREE PEDIATRIC CARE FOR UNINSURED CHILDREN SOMEWHERE IN OUR VICINITY. I'VE HAD THE OPPORTUNITY TO SPEAK TO COUNCIL MEMBER VELASQUEZ ABOUT THIS IN OUR DISTRICT SIX A ISD TRUSTEE ANDREW GONZALEZ'S ON BOARD AS WELL. BOTH THE PC AND COUNSEL WILL HEAR MORE ABOUT THIS LATER. UH, I'M MAKING KNOWN TO YOU THAT OUR CONTACT TEAM IS INVOLVED IN MAKING THIS HAPPEN. THANK YOU. THANK YOU. AND WE WILL NOW HEAR FROM THE APPLICANT FOR A THREE MINUTE REBUTTAL. FARRIS HAVE THE APPLICANT. UM, AGAIN, WE'RE, WE'RE HERE TO DISCUSS JUST THE, THE ZONING FOR THIS CASE. UM, MANY OF THE NEIGHBOR'S CONCERNS INVOLVE SITE PLAN RELATED QUESTIONS. UM, WE PROPOSED LETTER AGREEMENT, WHICH HAD ENFORCEMENT MECHANISMS, UH, FOR THE NEIGHBORHOOD GROUP TO ENFORCE THAT DOCUMENT. UM, IT INCLUDED ALSO COMMITMENTS FROM US TO, FOR ENHANCED AMENITIES FOR THE BRICKS AND SPUR FOR SIDEWALKS AND SOME DONATIONS. UM, AGAIN, WE UNFORTUNATELY READ AN IMPASSE AS FAR AS, UM, THE LETTER OF AGREEMENT VERSUS A PUBLIC RESTRICTED COVENANT. MY CLIENT PREFERRED THIS LETTER OF AGREEMENT RATHER THAN THAT RESTRICTED COVENANT. AND THAT'S WHY WE'RE HERE TODAY. UM, THIS, THIS CASE HAS BEEN POSTPONED MANY TIMES AND WE'VE SP WE SPEND A LOT OF TIME AND EFFORT DISCUSSING THIS WITH THE NEIGHBORHOOD GROUP. AND, UM, WE WANT TO PUSH FORWARD TO, TO [01:30:01] CITY COUNCIL ON THIS ONE. THANK YOU CHAIR. THAT CONCLUDES THE SPEAKERS ON THIS ITEM. OKAY. UM, IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? COMMISSIONER ZA SECOND BY COMMISSIONER WOODS? UM, ANY OPPOSED? OKAY, LET'S MOVE ON TO OUR Q AND A. UM, REMINDER, WE ARE GOING BACK TO OUR NORMAL EIGHT AT FIVE. UM, SO FIRST QUESTION, COMMISSIONER WOODS, I HAVE A QUESTION FOR THE APPLICANT. MR. CLEMENTS, CAN YOU SPEAK TO WHEN THE CHANGE AND SORT OF HOW THE CHANGE FROM 400 UNITS INCLUDING AFFORDABLE UNITS TO COMMERCIAL, RESTAURANT AND RETAIL, WAS THAT A MARKET DRIVEN DECISION? AND ABSOLUTELY. OKAY. YES. AND WHEN DID THAT CHANGE OCCUR ON YOUR END? THIS HAPPENED AT THE END OF SEPTEMBER, I BELIEVE SEPTEMBER 26TH WAS THE DATE. AND WE LET THE NEIGHBORHOOD GROUP KNOW OF OUR CHANGES IN PLANS. AND AGAIN, THE, THE GOAL FOR THIS PROJECT IS NOT, WE'RE, WE'RE WANTING TO DO RESIDENTIAL IN THE FUTURE. JUST AT THIS PHASE OF THIS, WE'RE LOOKING TO FOCUS ON THE RETAIL, THE OFFICE, AND, UM, ALL THE COMMERCIAL ON IT FIRST. BUT AGAIN, WE WANNA HAVE THE ABILITY TO DO THIS IN THE FUTURE. AND SO THE, THE ZONING CHANGE ONLY IS TO ALLOW FOR THE POSSIBILITY OF FUTURE RESIDENTIAL. THE OFFICE, RETAIL, RESTAURANT AND COMMERCIAL COULD ALL BE BUILT UNDER THE EXISTING ZONING? CORRECT. AND AGAIN, THE FUTURE LAND USE MAP FOR THIS SIDE IS FOR MIXED USE. AND WITH THAT LI ZONING THAT DOES NOT PERMIT ANY TYPE OF RESIDENTIAL IN THERE. THAT'S WHY WE'RE LOOKING AT CHANGES FROM LI TO CSMU AND ALSO HAVE THAT V ON THERE TO PARTICIPATE IN THE AFFORDABLE HOUSING IN THE FUTURE OF THAT PROGRAM. HOPEFULLY IT'LL BE SOME FORM OF VM U2 IN THE FUTURE. UM, BUT AGAIN, THAT'S TO BE SEEN. AND THE AGREEMENT THAT Y'ALL HAVE COME TO WITH THE NEIGHBORHOOD GROUP, DOES THE NEIGHBORHOOD HAVE ANY COMFORT THAT THAT AGREEMENT WILL REMAIN IN PLACE IF THE SITE IS SOLD? ARE THERE ANY PLANS TO SELL THE SITE? NO, THE, THE OWNER IS ALSO THE DEVELOPER FOR THE SITE, BUT THERE IS A PROVISION IN THE AGREEMENT THAT WOULD, UH, HAVE THE NEW OWNER IF THAT EVER CAME TO BE, WHICH IS NOT GONNA BE THE CASE, BUT WE'LL HAVE THEM ASSUME THE, THE DOCUMENT. OKAY. AND THEN WITH MY REMAINING TIME, I'D LOVE TO ASK A COUPLE OF QUESTIONS OF MR. CANTU IF HE'S STILL AVAILABLE. MR. CANTU IS THAT TIMELINE ABOUT WHEN THE, THE CHANGE WAS SHARED WITH YOU IN SEPTEMBER, YOUR UNDERSTANDING AS WELL? BE STAR SIX TO UNMUTE. UM, MR. CANTU, PLEASE PRESS STAR SIX TO UNMUTE YOURSELF. YEAH, I DON'T KNOW IF HE'S STILL ON. OKAY, NO PROBLEM. THOSE ARE ALL MY QUESTIONS. OKAY. UM, OTHER QUESTIONS? UM, COMMISSIONER CONNOLLY? YES I DO. UM, UH, SO ONE OF THE QUESTIONS I HAVE IS FOR THE APPLICANT, UM, UH, MY UNDERSTANDING IS THAT THE APPLICANT AGREES TO CITING SOME KIND OF A, A WRITTEN AGREEMENT. IS THAT CORRECT? BUT NOT A RESTRICTIVE COVENANT? CORRECT. SO ONLY A RESTRICTIVE COVENANT ACTUALLY LIVES WITH THE DIRT, IS THAT CORRECT? CORRECT. IT'D RUN RUN WITH THE TIDE OF THE LAND. SO THERE WOULDN'T BE ANY ASSURANCE OR GUARANTEE FOR THE NEIGHBORHOOD IN THAT WRITTEN AGREEMENT THAT IF THE PROPERTY WERE TO CHANGE OWNERS OR CHANGE HANDS OR IF, YOU KNOW, IF ANYTHING WOULD HAPPEN THAT THIS AGREEMENT WOULD BE UPHELD IN ANY WAY. WE HAVE A PROVISION IN HERE SAYING THAT, UH, THE NEW OWNER WOULD ASSUME THIS, THIS DOCUMENT, BUT AGAIN, THE OWNER THAT'S, OH, SORRY. BUT AGAIN, THE OWNER, OWNER IS THE DEVELOPER FOR THIS PROJECT AND IS NOT INTENDING TO SELL THIS. OKAY. AND, UM, THERE WERE SOME CONCERNS RAISED BY THE NEIGHBORHOOD AND I WOULD LOVE TO HEAR FROM THEM AS WELL ABOUT QUESTIONS AROUND AFFORDABILITY. AND OF COURSE THIS, THESE KINDS OF QUESTIONS WOULD ONLY BE DISCUSSED IF WE WERE TALKING ABOUT A RESIDENTIAL PROJECT, WHICH DOESN'T SEEM TO BE ON THE TABLE RIGHT NOW, BUT THERE WOULDN'T LIKELY BE A SITUATION WHERE WE WOULD BE ABLE TO COME BACK AND HAVE THAT CONVERSATION. WOULD WOULD THERE WITH THE V WE'D BE SUBJECT TO THE V STANDARDS AND SO WE'RE ON A, A LIGHT RAIL LINE AND SO WE'RE SUBJECT TO, UH, HIGHER AFFORDABILITY STANDARDS FOR, UM, FOR THIS SITE IT WOULD BE 15% AT 60% M MY FIVE, THIS WOULD BE FOR VM U2, WHICH IS DEAD IN THE WATER RIGHT NOW, BUT YEAH. THEN 12% AT 50 OR RIGHT NOW WITH JUST THE NORMAL V IT'S 10 AT 60. 10 AT 60, YEAH, ON A, OKAY. ON A LIGHT RAIL SIDE. ALRIGHT. SO WE WOULD, IF, IF AND WHEN RESIDENTIAL'S ON THIS, WE WOULD BE FOLLOWING WITH THE CITY STANDARDS ON THOSE. ALRIGHT. AND IS THERE ANY REPRESENTATIVE [01:35:01] FROM THE NEIGHBORHOOD AT ALL AVAILABLE TO ANSWER QUESTIONS? OH, ALRIGHT. WELL THEN, UH, CHAIR, JUST BE AWARE WITH ME ONE SECOND. UH, MR. KTU, IF YOU, YOU CAN, UH, UH, ENSURE YOUR DEVICE IS UNMUTED AND THEN, UM, IF YOU COULD, UH, TEST YOUR LINE FOR ME. SO MR. CANTU, I SEE YOU JUST MUTED YOURSELF. SO, UH, SELECT STAR SIX AND THEN, UM, IF, IF MR. CONTE, IF YOU'LL JUST, UH, CALL BACK IN, UH, WE, WE CAN TRY THAT AS WELL. UM, MR. COLLINS IS HERE AS WELL FROM THE NEIGHBORING NEIGHBORHOOD. UM, I DON'T KNOW IF MR. COLLINS IS PREPARED TO SPEAK FOR THE NEIGHBORHOOD OR IF THAT IS ONLY MR. CONTU, BUT, UM, I'M JUST CURIOUS IF HEARING ANY OF THIS YOU HAVE ANY RESPONSE OR REACTION TO WHAT WAS SAID. SORRY TO MAKE YOU GET UP AND WALK BACK TO THE PODIUM. UH, I, I DON'T FEEL COMPETENT TO, UH, SPEAK FOR THE NEIGHBORHOOD BECAUSE, UH, I WENT TO, UH, MANY OF THESE MEETINGS THAT YOU'VE MENTIONED AND, UH, BUT I, UH, AM NOT, I'M REALLY, IT REALLY NEEDS TO BE MARIO, NOT ME. OKAY. I, I APPRECIATE THAT. SO SORRY TO, UM, THANK YOU. UM, THOSE ARE ALL MY QUESTIONS. OKAY. UM, IS MR. CANTU AVAILABLE AT ALL? CHAIR? HE HASN'T NOT GONE BACK IN JUST YET. OKAY. LEMME MOVE ON TO ANOTHER QUESTION I HAVE, I HAVE A QUESTION. UM, THE FIRST ONE IS FOR THE, UM, THE APPLICANT AND I, I THINK THIS HAS BEEN ASKED, BUT JUST TO BE REALLY, REALLY CLEAR, THERE'S THE PROPOSED LETTER OF AGREEMENT. WHY, WHY ISN'T THE THE CLIENT WANTING TO DO EVEN A, A PRIVATE RESTRICTIVE COVENANT LIKE THE NEIGHBORHOOD IS ASKING SO THAT THAT PRIVATE RESTRICTIVE COVENANT'S BEEN ASKED FOR THAT'S RECORDED WITH THE LAND AND THAT'S JUST SOMETHING THAT MY CLIENT'S NOT AGREEABLE TO DOING. UM, WITH A RECORDED DOCUMENT LIKE THAT, ESPECIALLY WHEN IT'S, WHEN YOU'RE LOOKING TO GET A CONSTRUCTION LOAN THAT RAISES ISSUES OF GETTING ESTOPPEL CERTIFICATES, WHICH CAN, UM, PROLONG THE PROCESS AND POTENTIALLY BLOW UP A DEAL. UM, AND WE DON'T WANT A CLOUD TITLE TO THIS PROPERTY LATER ON BY HAVING A, A RESTRICTED COVENANT'S STILL AROUND YEARS, YEARS LATER. UM, AND THAT'S PRETTY MUCH THE TWO MAIN REASONS WHY, AND AGAIN, THE LETTER OF AGREEMENT, WE THINK, UM, IN OUR OPINION WE THOUGHT IT WAS, UM, FAVORABLE TO THE NEIGHBORHOOD GROUP, BUT AGAIN, WE'RE AN IMPASSE AND THAT WE'RE WE'RE JUST NOT EVER ABLE TO DO IN A PRIVATE RESTRICTED COVENANT. RIGHT. I HAD ASKED A QUESTION TO STAFF ABOUT THE DIFFERENCES JUST TO BE REALLY CLEAR AND, UM, RECEIVED A GOOD EXPLANATION ABOUT THAT. BUT THE LETTER OF AGREEMENT, AT LEAST FROM WHAT LAW CAME BACK WITH IT, IT IS A WEAKER MECHANISM, UM, AT LEAST FROM THE NEIGHBORHOOD'S PERSPECTIVE OF HOW THEY CAN PROTECT THE, THE INTERESTS THERE. SO THERE, IN YOUR EXPERIENCE DOING LAND DEVELOPMENT, HAVE YOU SEEN A PRIVATE RESTRICTIVE COVENANT BLOW UP A DEAL AT THE END? I HAVEN'T HEARD OF THAT. I'M FAIRLY YOUNG, SO NOT AS, NO, NOT, I HAVE NOT PERSONALLY, BUT THERE ARE PLENTY OF EXAMPLES OUT THERE AND I KNOW MY FIRM WILL HAVE PLENTY OF THEM. UM, BUT AGAIN, UM, JUST TO KIND OF TAKE A STEP BACKWARDS TOO, WE'RE WE WE'RE STILL AT AN IMPASSE WITH OTHER VARIOUS, UM, PROVISIONS THAT WOULD BE IN AN RC OR A LETTER AGREEMENT. UM, THE NEIGHBORHOOD WANTED SOME HEIGHTENED AFFORDABILITY STANDARDS AND WE LET THEM KNOW THAT WE WOULD BE FOLLOWING THE, THE V STANDARDS. UM, AND WE COULDN'T COMMIT TO ANYTHING ABOVE THAT JUST BECAUSE AT 10% AT 60, OR HOPEFULLY WHEN WE DO VMU TWO IT'S AT 12 OR 50 OR UH, 15 OR 60, SORRY, I'M SPEAKING FAST, BUT, UM, THOSE ARE WHAT WE'RE COMFORTABLE WITH AND WHAT THE MARKET'S DICTATING, WHAT WE COULD POTENTIALLY DO ANYTHING ABOVE THAT WE, WE CANNOT COMMIT TO YOU AT THIS TIME. IS THAT PARTLY A MECHANISM OF THE MARKET AND WANTING TO DELAY THE HOUSING TO SOME POINT IN THE FUTURE? IS THAT IT'S EVEN MORE IN THE UNKNOWN RATHER THAN DOING IT IN THE FIRST PHASE OF THE, THE UNCERTAINTY ABOUT THE AFFORDABILITY ASPECT? WELL, FOR THE AFFORDABILITY, WE'RE, WE'RE TRUSTING THE CITY'S RECOMMENDATIONS WHEN IT COMES TO THE V STANDARDS AND THAT'S WHAT WE WANNA FOLLOW HERE. WE DON'T WANT TO, UM, POTENTIALLY HURT OURSELVES IN THE FUTURE BY GREEN AS SOMETHING THAT'S ABOVE WHAT'S REQUIRED POTENTIALLY. WE'RE ALREADY, ALREADY, ALREADY ALREADY ON A LIGHT RAIL [01:40:01] LINE, SO WE'RE SUBJECT TO THOSE HEIGHTENED AFFORDABILITY STANDARDS. OTHER DEVELOPMENTS IN THERE IN THIS AREA, PARTICULARLY ON INDUSTRIAL, UM, THEY'RE NOT SUBJECT TO THOSE HEIGHTENED STANDARDS. SO THIS ONE'S A LITTLE BIT DIFFERENT IN THAT WE WOULD HAVE TO HAVE MORE AFFORDABLE HOUSING, UM, IF WE WERE TO TAP INTO THAT V STANDARD. OKAY. AND I HAVE A QUESTION FOR STAFF AROUND THE, THE AFFORDABILITY ASPECT. UM, SO IF YOU COULD EXPLAIN IT TO ME LIKE I'M FIVE , I KNOW THE RULING WAS SIGNED TODAY ABOUT VM U2, SO THAT'S CURRENTLY OFF THE TABLE TABLE, CORRECT. BUT WE STILL HAVE THE V OPTION, WE HAVE THE V WHICH UHHUH, WHICH IS 10% AT 60, 10% AT 60. HOW, HOW DOES THE LOCATION ON THE LIGHT RAIL LINE IS THAT IN ADDITION TO LIKE, EXPLAIN TO THAT, THAT PIECE OF AFFORDABILITY TO ME? SO IF IT IS, UM, LOCATED ON A LIGHT RAIL LINE, THE ORDINANCE BASICALLY THEN HAS A REQUIREMENT FOR AFFORDABILITY AS, UH, MR. CLEMENTS MENTIONED IT WOULD BE 15%, UM, AT 60% OF MFI AND UM, THAT'S PER THE ORDINANCE. AND I BELIEVE THERE WOULD BE A MINIMUM OF 12% OF THE RESIDENTIAL UNITS WITHIN A VMU RESERVED AS AFFORDABLE, UM, AT 50%. SO THERE'S THE TWO OPTIONS, 15% AT 60 OR 12% AT 50. AND SO IT WOULD BE THOSE REQUIREMENTS, UM, AND THAT'S REQUIRED, REQUIRED REGARDLESS WHETHER THEY HAVE THE FEE OR NOT. THAT'S, THAT'S IF THEY'RE ALONG THE RAIL LINE. OKAY. SO IT, HE HE IS CORRECT IN SAYING THE HEIGHTENED, UM, AFFORDABILITY. SO IT SEEMS LIKE JUST BY LOCATION ALONE, THEY'RE GOING TO BE, THEY HAVE THE OPTION OF THE, THE 10 OR THE 15? CORRECT. SHOULD THEY OPT INTO THAT PROGRAM THEN? THAT WOULD BE, THOSE WOULD BE THE REQUIREMENTS. THEY HAVE TO OPT INTO THE, THE PROGRAM WITH THE LIGHT RAIL ADJACENCY. UM, ACTUALLY FOR THE, FOR THE LIGHT RAIL THAT IS STILL, SO THEY HAVE TO BUILD AFFORDABLY. IF THEY DO BUILD HOUSING, THEY HAVE TO LET ME, I JUST WANT TO, BEFORE I ANSWER AND MAKE SURE THAT THAT IS AS FAR AS, AND I'M ALMOST OUTTA TIME. LET ME GET THE ANSWER REALLY QUICK. OKAY. CHAIR, COMMISSIONER VERA IN, UH, THIS TIME IF I COULD TRY AND TEST WITH MR. KTU. OKAY. ALRIGHT, MR. KTU, UH, IF YOU COULD, UH, UM, TEST YOUR LINE FOR ME PLEASE. OKAY, MR. CONTE, YOU, UH, MUTED YOURSELF. SO, UH, SELECT STAR SIX, UNMUTE, AND THEN, UM, IF YOU'LL SAY YOUR NAME FOR ME PLEASE. CAN YOU HEAR ME NOW? PERFECT. THANK YOU SO MUCH MS. MARIO CANTU. THANK YOU MR. CONTU. YES, GO AHEAD. UH, COMMISSIONER, UM, I DO WANNA GO BACK TO I THINK COMMISSIONER CONNOLLY AND COMMISSIONER WOODS HAD A QUESTION FOR MR. KTU. THANK YOU CHAIR. UM, YEAH, I WOULD LOVE TO TAKE ANOTHER COUPLE OF MINUTES. MR. KTU. IS YOUR UNDERSTANDING OF THE TIMELINE OF WHEN THE PROPOSAL CHANGED FROM 400 UNITS TO THIS COMMERCIAL RETAIL AND RESTAURANT IN SEPTEMBER AND Y'ALL WERE NOTIFIED OF THAT IN SEPTEMBER AS EXPLAINED TO US BY MR. CLEMENTS? YES. SO IT WAS, IT WAS SIX MONTHS THAT WE DIDN'T GET ANY INFORMATION. UH, WE GOT ZERO INFORMATION DURING SIX MONTHS OF THE ZONING CASE, AND THEN WE ASKED FOR THAT, UM, INDEFINITE POSTPONEMENT. UH, WE WEREN'T NOT GRANTED THE INDE INDEFINITE POSTPONEMENT. WE DID HAVE A, A POSTPONEMENT AND AFTER THAT TIME IS WHEN WE MET WITH HIM AT LEAST THREE TIMES, UH, AN INITIAL TIME. UH, THEY DID MENTION THE 400 UNITS. I, I THINK WITH THE, THE MAJOR PROBLEM OF THIS IS THAT WE, WE DO HAVE RESTRICTED COVENANTS ON THAT CORRIDOR AND WE JUST ASK FOR THIS APPLICANT TO BE EQUAL OR GREATER THAN THE OTHER APPLICANTS WHEN THE REQUIREMENTS OF WHAT WE WANT ON OUR CONCESSIONS WITH AFFORDABILITY TO BE EQUAL OR GREATER. AND I THINK ONCE WE SHOWED THAT PROOF TO, TO MR. CLEMENTS, UH, WE NOTICED THERE WAS A A U-TURN IN THAT INFORMATION. SO HE WENT TO RETAIL, COMMERCIAL RESTAURANT JUST RIGHT WHEN WE SHOWED THAT INFORMATION. SO THAT, THAT TO US, THAT'S VERY SUSPICIOUS. AND NUMBER TWO, IT'S NOT A MAJOR COMMITMENT THAT WE'RE GOING TO GET OUT OF HIM AS WE WOULD FOR SOMEBODY ELSE WHEN IT COMES TO AFFORDABILITY. AND IS THE MAJORITY OF WHAT IS, IS, IS AFFORDABILITY THE ONLY THING THAT IS IN THAT RESTRICTIVE COVENANT THAT Y'ALL WOULD HAVE PROPOSED IN THIS CASE? [01:45:01] YES. SO THE CASE IN THIS CASE, I BELIEVE, AND, AND, AND MR. CLEMENTS CAN CORRECT ME THAT IN HIS LETTER OF AGREEMENT THAT HE WANTED TO COMMIT TO THE 12% AT 50% MFI, BUT WE, WE DO NOT WANT TO ACCEPT THAT BECAUSE WE'RE NOT GONNA HAVE THAT IN A RESTRICTIVE COVENANT. AND SO THERE ARE OTHER TIMES THAT WE DO ASK FOR OTHER CONCESSIONS AS WELL THAT, UH, LIKE FOR INSTANCE, UH, ONSITE PET AREA, WE WANT ONSITE PET AREAS WITH A LOT OF THESE CONDOS BECAUSE THEY INUNDATE A LOT OF THE PROPERTIES IN A LOT OF THE NEIGHBORHOOD AREAS. UH, SO THAT'S JUST ONE THING. AND THEN, UH, WE ALSO GET SOME CONCESSIONS ON PARK, UH, AS WELL. THANKS, MR. CANTY. MY TIME IS UP, BUT I THINK COMMISSIONER CONNOLLY MIGHT TAKE UP A COUPLE MORE QUESTIONS. I I, I THINK BASICALLY MY QUESTIONS WERE ANSWERED. I I WAS LOOKING FOR A, A RESPONSE, BUT I THINK THAT YOU COVERED THEM. UM, THANK YOU. YOU'RE WELCOME. THANK YOU. HI CHAIR. CAN I JUST CLARIFY, SO, UM, THE PREVIOUS INFORMATION I JUST WANNA SPEAK TO, WE WERE SPEAKING TO VM U2, BUT RIGHT NOW WE NEED TO JUST SPEAK TO VMU ONE. MM-HMM. , WHICH IS 10% AT 60 MFI. OKAY, RIGHT. SORRY, JUST TO FOLLOW UP ON THAT, EVEN IF IT'S ON A QUARTER, IS THAT AN OPT-IN OR OPT-IN? I THINK THAT WAS PART OF THE QUESTION. WELL, THAT'S, THAT'S FOR VM U2 INFORMATION, SO WE DON'T REALLY WANT TO SPEAK TO THAT RIGHT NOW. OKAY. UM, WE'LL GO TO THE NEXT QUESTION. COMMISSIONER ZA. UM, SORRY STEPH, I FEEL LIKE WE'RE, UM, ASKING A LOT OF QUESTIONS ON THE VMU AND I'M JUST TALKING ABOUT VMU ONE, I UNDERSTAND WHAT SORT OF HAS ALREADY BEEN SAID, AND MR. CLEMENS, HOPEFULLY YOU CAN CORRECT ME THIS AS WELL. Y'ALL HAVE SORT OF SAID 60% MFI AND I JUST WANNA MAKE SURE YOUR UNDERSTANDING IS CORRECT THAT THE AFFORDABILITY LEVEL UNDER THE REGULAR VMU PROGRAM WOULD BE, UH, 60% MFI AND NOT 80 60 AT 10, IS MY UNDERSTANDING. GOT IT. AND STAFF, I'LL ASK THIS SORT OF THE SAME QUESTION FOR YOU BECAUSE ONE OF THE CHALLENGES THAT WE HAVE IS, IF I REMEMBER CORRECTLY, THAT IF A NEIGHBORHOOD OPTED IN AT 60, THEY WOULD DO 60, BUT IF THERE WAS NO OPT-IN, THEN IT BECOMES 80% MFI. I DON'T KNOW IF STAFF HAS A RESPONSE TO THAT AND I'LL GIVE Y'ALL A MOMENT TO THINK ABOUT THAT. SORRY. UH, YES, JOY HARDEN, UH, THE PLANNING DEPARTMENT, I AM REVIEWING THIS ORDINANCE. UM, YOU'RE RIGHT, SOME IS 10% AT 80 AND SOME IS 10% AT 60. I'M REVIEWING THAT TO MAKE SURE THIS FALLS UNDER THE 10% AT 60. SO IF YOU CAN GIMME SOME TIME, BUT I, I KNOW WHAT YOUR QUESTION IS, I'M JUST NOT QUITE SURE OF THE ANSWER. SURE. I APPRECIATE THAT CHAIR. I'M WILLING TO PAUSE MY QUESTIONING AND COME BACK. OKAY. OTHER QUESTIONS? YES, COMMISSIONER, I HAVE A QUESTION. THIS IS FOR STAFF, UM, SORRY, UM, VM U2, I KNOW IT'S NOT IN PLACE THE COURTS, BUT IF WAS THE ONLY WAY YOU COULD USE VM U2, DID YOU HAVE TO HAVE A VV VM U ELIGIBLE? DID YOU HAVE TO HAVE V IN THE ZONING TO BE ABLE TO USE VM U2? YOU COULD REZONE TO, SO EITHER ONE, YOU COULD HAVE V IN YOUR ZONING STRING OR YOU COULD REZONE TO THE V. SO WITH, YOU'D HAVE TO GO THROUGH A REZONING. YES, UHHUH. . SO EITHER, EITHER ONE. OKAY. UM, SO PRIOR TO, UM, THIS APPLICANT IS REZONING TO V, SO, UH, TWO WEEKS AGO THEY WOULD HAVE THE OPTION TO DO ONE OR TWO. OKAY. THANK YOU. MM-HMM, , THAT'S ALL I HAVE. OKAY. WE HAVE A FEW MORE SPOTS FOR QUESTIONS MR. MAXWELL, I HAVE A COUPLE OF QUESTIONS FOR THE APPLICANT. UM, SO OBVIOUSLY WE'VE BEEN DISCUSSING AFFORDABLE HOUSING, BUT I WAS CURIOUS IF YOU COULD SPEAK TO SOME OF THE BENEFITS YOU'RE EXPECTING TO SEE GIVEN THE COMMERCIAL MIXED USE IS SPECIFICALLY RELATED TO TRANSIT AND SORT OF ACCESS NON-CAR ACCESS, CONSIDERING WE'RE TRYING TO BUILD THAT UP AS A TRANSIT CORRIDOR. YES. UM, AND I WAS CURIOUS IF YOUR, UM, CLIENT HAD THOUGHT THROUGH THAT ASPECT OF WHAT THEY WOULD BE BRINGING TO THE NEIGHBORHOOD IN TERMS OF NON HOUSING AMENITIES? YES. THANK YOU FOR THE QUESTION. UM, SO THE, WE'RE WE'RE TAKING THAT EXISTING WAREHOUSE THAT'S THERE RIGHT NOW, IT'S A RED BRICK BUILDING AND WE'RE GOING TO BREAK IT INTO SMALLER BUILDINGS THAT WILL BE FOR OFFICE, UM, RETAIL AND RESTAURANT USE. RIGHT NOW, I DON'T BELIEVE THERE'S ANY RESTAURANTS IN THAT, UM, PROJECT AT ALL. UM, SO THAT'S GONNA BE ONE BENEFIT IS GONNA BE HAVING HOPEFULLY MULTIPLE RESTAURANTS IN THERE. UM, THE BIG THING TOO HERE IS CONNECTING TO THE STROM SPUR. UM, THIS IS ONE OF THE REASONS WHY MY CLIENT PURCHASED THIS IS TO HAVE ACCESS TO THAT. UM, WE'RE WANTING TO CONNECT OUR PROJECT WITH THAT, UM, TO PROVIDE WALKABILITY [01:50:01] AND, UM, FOR OUR TENANTS AND ANYBODY USING OUR PROJECT TO BE ABLE TO ACCESS THAT VIA OUR PROJECT. GREAT. AND CAN YOU JUST, UM, DESCRIBE WHAT THE BERKS STORE IS, AND IT SOUNDS LIKE THAT, UH, ACCESS TO THAT TRAIL PART OF THAT TRAIL NETWORK WOULD BE INCLUDED IN THIS PROJECT, IS THAT CORRECT? YES, IT'S GONNA BE ACCESSED THROUGH THE BREEZE BREEZEWAYS WE HAVE ON THE PROPERTY. AND THE BERKSHIRE TRAIL IS GONNA BE, UM, TO THE NORTHERN HAP NORTHERN, UM, PROPERTY LINE OF OUR PROJECT. AND IT'S GONNA GO ALONG THE OLD, THERE'S A OLD RAILROAD THERE RIGHT NOW THAT'LL BE CONVERTED. AND OUR TEAM IS, UM, WANTING TO PUT DIFFERENT AMENITIES THERE FOR REPUBLIC USE FOR PARK BENCHES, UM, AND I KNOW AT LEAST ONE WATER FOUND FOR PUBLIC USE. UM, SO IT'S GONNA BE, IT'S GONNA BE A, A GREAT BENEFIT I THINK BOTH TO THE COMMUNITY AND TO THIS PROJECT AS A WHOLE. SO ESSENTIALLY THAT MAKES IT SORT OF A TRAILHEAD INTO THAT BERGSTROM SHORE AREA. EXACTLY. OKAY, GREAT. EXACTLY. AND THEN YOU HAD MENTIONED IN YOUR PRESENTATION IT'S ABOUT FIVE ACRES, SO THE EXPECTATION IS THAT THIS WOULD NOT BE FULLY REDEVELOPED WITH THE PLANS THAT YOU ALREADY HAVE IN PLACE, THAT THERE WOULD BE ADDITIONAL DEVELOPMENT AT SOME LATER POINT IN TIME. THAT'S THE HOPE. AND RIGHT NOW WE, WE'VE SUBMITTED A SITE PLAN TO BEGIN REDEVELOPMENT AND THEN ON THE SOUTHERN PORTION WE'RE GONNA, UM, DEMO, UM, AN EXISTING BUILDING. AND JUST GIVEN THE SIZE OF THIS, UM, THAT SITE PLAN COULD BE ADMITTED TO THE FUTURE. WE CAN SPEND ANOTHER SITE PLAN FOR, UM, A RESIDENTIAL COMPONENT. IT JUST TO CONFIRM THAT BASICALLY THE IDEA IS TO GET ALL OF THE ZONING DONE NOW SO THAT YOU CAN BUILD THIS OUT OVER THE NEXT FIVE TO 10 YEARS. IS THAT CORRECT? ABSOLUTELY. AND WE WE'RE ANTICIPATING I THINK 18 TO 24 MONTHS, UH, FOR THE DEVELOPMENT OF, OF THE COMMERCIAL PHASES RIGHT NOW. GREAT. THANK YOU. THOSE ARE ALL MY QUESTIONS, CHAIR. THANK YOU. OKAY, OTHER QUESTIONS? I DO HAVE ANOTHER ONE. UM, WELL LET'S SEE. COMMISSIONER M, COMMISSIONER COX, DO YOU HAVE ANY QUESTIONS? WANNA MAKE SURE BEFORE WE START REPEATING? OKAY. NO, THANK YOU. I'M JUST WAITING TO SEE IF WE'RE READY TO ENTERTAIN MOTIONS. UM, COMMISSIONER WOODS OR, OH, CAN I CLARIFY? UH, COMMISSIONER SHAW'S QUESTION. SO I AM, WE HAVE REVIEWED THE VMU ORDINANCE AND, UM, BASED ON WHERE THIS SITE IS LOCATED AND HOW IT IS CALLED OUT IN THE ORDINANCE, THE AREA, UM, THE AFFORDABILITY REQUIREMENTS DO SAY 10% AT 80% MFI FOR OWNER OCCUPIED AND 10% AT 60% MFI FOR RENTAL UNITS. , I I, I APPRECIATE THAT CHAIR. SORRY, COMMISSIONER QUESTION. YEAH, I WAS GONNA SAY, UM, THANK YOU STAFF FOR THAT QUESTION. I THINK ONE THING I'LL ASK IS I SHOULD, I DON'T HAVE, I CAN'T FIND THE OLD ORDINANCE, BUT COULD Y'ALL SHARE THE OLD ORDINANCE, UM, WITH ME? SO BEFORE WE DID THE VMU DO AMENDMENTS, I'M TRYING TO REMEMBER OFF THE TOP OF MY HEAD. SO I'M SORRY NOT TO CONFUSE FOLKS TOO MUCH, BUT THE WAY THE VMU ORDINANCE WAS DRAFTED WAS, IF I REMEMBER CORRECTLY, THAT ESSENTIALLY AT THE TIME OF OPT-IN, FOLKS COULD GO AT 60% OR 80%, SOME NEIGHBORHOODS CHOSE 60, SOME NEIGHBORHOODS CHOSE 80. IN ADDITION, IT SAID IF YOU REZONED AFTERWARDS, YOU WENT AT 80% MFI. THAT IS MY MEMORY. AND WE FIXED THAT WHEN WE DID THE VMU DO ORDINANCE. AND SO I JUST CANNOT FIND THE OLD DRAFT ORDINANCE AND I CANNOT REMEMBER OFF THE TOP OF MY HEAD IF I'M CORRECT OR IF I'M WRONG. YOU ABSOLUTELY SAID THAT CORRECTLY. I WILL LOOK FOR THE OLD ORDINANCE FOR YOU, BUT YOU COULDN'T HAVE SAID IT ANY BETTER. SO YES, EVERYTHING YOU SAID IS CORRECT WHEN YOU OPTED IN, THE NEIGHBORHOOD GETS DUE 60% OR 80% AS YOU STATED. UM, AND UM, I WAS JUST REMINDED, UM, BUT YOU'RE EXACTLY CORRECT, 10%, UM, AT 60 OR 10% AT 80, THE NEIGHBORHOOD COULD DECIDE. THIS IS NOT AN OPT-IN AS YOU KNOW, BUT WE ARE REFERRING TO THE NEWER ORDINANCE AND THIS PROPERTY IS OUTLINED AND THAT'S WHY IT'S 10% AT 60, NOT A OPT-IN, BUT PER THE WE RECENT ORDINANCE THAT YOU JUST SAID THAT Y'ALL, I APPRECIATE THAT MS. HARD AND SO JUST SO MY FELLOW COMMISSIONER SORT OF UNDERSTAND THAT, JUST TO REMIND YOU ALL, SO WHAT WE'RE SAYING RIGHT NOW IS WITH THE VMU TWO, SO WHEN WE DID THE VMU TWO CHANGES, WE DID THE CHANGES RELATED TO THE VMU TWO PROGRAM, BUT WE ALSO MADE CHANGES TO THE VMU ONE PROGRAM. ONE OF THIS WAS TO STANDARDIZE THE AFFORDABILITY AT 60% MFI, UM, NO HOUSING CHOICE VOUCHER DISCRIMINATION DIDN'T TRY TO ORGANIZE AND SOME OTHER ELEMENTS THAT HAVE BEEN PUT IN AS A PART OF THAT. AND IF YOU ALL REMEMBER MY FELLOW COMMISSIONERS WHO WERE THERE AT THE TIME, THAT WAS SOMETHING WE SPECIFICALLY AS COMMISSIONERS PUSHED FORWARD TO COUNCIL. WE ACTUALLY INITIATED THE CHANGE. SO WITH THE VME TWO ORDINANCE GONE, IT GOES BACK TO THAT 10% AT 80 WITH THE CAVEAT AND UNDERSTANDING THAT AT THIS POINT WE DON'T HAVE ANY RESOLVING TOOLS TO ASK FOR ANYTHING ELSE THAT IS INDEED WHAT IS IN THE CODE TODAY. SO WE HAVE TO VOTE ALONG WITH WHAT THE CODE IS. OKAY. UH, THANK YOU FOR THAT CLARIFICATION MR. CLEMENTS. I'M SORRY, I HAVE ONE MORE QUESTION FOR YOU, AND I DON'T WANNA BE FLIPPANT ABOUT [01:55:01] THE AMOUNT OF TIME OR MONEY REQUIRED IN THE REZONING PROCESS, BUT WAS THERE ANY CONSIDERATION GIVEN TO PROCEEDING UNDER THE EXISTING ZONING WITH THE COMMERCIAL DEVELOPMENT AND THEN COMING BACK TO ADD THE V WHEN YOU'RE READY FOR ADDING THE RESIDENTIAL SO THAT WE HAVE KIND OF ALL A BETTER UNDERSTANDING AND THE NEIGHBORHOOD HAS A BETTER UNDERSTANDING OF WHAT TOOLS ARE AVAILABLE AND WHAT THE FUTURE OF VMU LOOKS LIKE GIVEN THE CHANGE THAT WE JUST SAW YESTERDAY? WELL, OBVIOUSLY THE CHANGE YESTERDAY, THAT WAS, I MEAN, NEWS TO EVERYONE, WHICH WAS UNFORTUNATE. BUT NO, THAT THE PURPOSE OF DOING THIS ZONING CASE WAS TO ALLOW THE ABILITY TO BE RESIDENTIAL WITH IT. RIGHT NOW WITH THE LI YOU CAN'T DO ANY RESIDENTIAL AT ALL. UM, WE'RE, WE'RE LOOKING HEAD TOWARDS THE FUTURE, THAT'S WHY WE SUBMITTED THIS. WE, WE WOULD LIKE TO PRESS ON WITH THIS, WE'RE NOT LOOKING TO DO AN L-I-P-D-A WHERE WE'RE SETTING OUR OWN STANDARDS OR WHATNOT, BUT WE'RE LOOKING TO, TO STAY WITHIN THE CONFINES OF THE C-S-M-U-V STANDARDS. UM, WE THINK BASED OFF WHERE THE SITES LOCATED AND EVERYTHING AROUND US, IT FITS WITH THE NEIGHBORHOOD GROUP. UM, AND WE'RE HOPING THAT IF WE CAN GET THE V NOW, THAT IT'S GONNA SAVE US TIME IN THE FUTURE IF AND WHEN WE'RE READY TO PUT RESIDENTIAL AND THAT MOST LIKELY THE SOUTHERN END PORTION OF OUR SITE. OKAY. THANK YOU. THANK YOU. ALL RIGHT. WE HAVE ONE MORE SPOT OR WE CAN ENTERTAIN A MOTION. I'M READY TO MAKE A MOTION CHAIR IF NO ONE ELSE HAS QUESTIONS. YES, COMMISSIONER AL, I WOULD LIKE TO MOTION THAT WE GRANT THE APPLICANT REQUEST. OKAY. IS THERE A SECOND FOR THAT? SO, SORRY, JUST A CLARIFICATION AGAIN. I'M SORRY. , UH, COMMISSIONER STAL, ARE YOU, DO YOU MEAN APPLICANT REQUEST OR THE STAFF, UH, UH, RECOMMENDATION BECAUSE THE STAFF RECOMMENDATION IS A CO INCLUDED IN IT. THANK YOU FOR THE CORRECTION. I WOULD RECOMMEND THAT WE, UH, I WOULD LIKE TO, UH, MOTION THAT WE ACCEPT THE ZONING CHANGE REQUESTS WITH THE RECOMMENDED STAFF. SORRY. AND I'M LOOKING FOR MY LANGUAGE. YEAH. ARE YOU THE NPA AND THE ZONING PER STAFF RECOMMENDATION? YEAH. SO IF I UNDERSTAND CORRECTLY, YOU'RE TALKING ABOUT BOTH THE NEIGHBORHOOD PLAN AMENDMENT AND THE REZONING BASED ON STAFF RECOMMENDATION ITEM 14 AND 15, IS THAT CORRECT? COMMISSIONER AL? CORRECT. NPA AND ZONING PER STAFF RECOMMENDATION? MM-HMM. . IS THERE A SECOND ON THAT? UM, COMMISSIONER MAXWELL. OKAY. COMMISSIONER MUELLER, WOULD YOU LIKE TO SPEAK TO YOUR MOTION? YEAH, I WOULD. . THANK YOU. UM, UH, SO I AM, I'M TRYING TO SEE THE FOREST THROUGH THE TREES HERE. WE HAVE A FIVE ACRE PARCEL WITH A SMALL PIECE OF IT THAT'S HELD UP IN LI THE DEVELOPER'S BEEN LOOKING AT THIS PROPERTY IN A WAY TO COHESIVELY DEVELOP IT UNDER THE PRESUMPTIONS ON THE VERTICAL MIXED USE. AND OBVIOUSLY THAT HIT A STATE OF FLUXX AND THAT MAKES IT DIFFICULT FOR THE DEVELOPER TO MAKE HARD COMMITMENTS ABOUT WHAT THEY'RE GONNA BE ABLE TO DO WHEN WE DON'T HAVE UNDERSTANDINGS YET FROM THE COURT AND THE CITY ON HOW THIS IS GOING TO UNFOLD. SO IN ORDER FOR THE DEVELOPER NOT TO GET HELD UP ON LOSING FUNDING AND PLANNING AND THINGS THAT THEY CAN GET UNDERWAY, WHICH MEANS LOST REVENUE AND LOST OPPORTUNITY, THEY'RE ASKING FOR THE ZONING AT ONCE. AND THEN IF, AND IF I UNDERSTOOD FROM STAFF CORRECTLY, IF WE GIVE THEM THE V ON THIS, THEN THEY DO HAVE THE OPPORTUNITY TO PARTICIPATE IN THE VMU. AND IF AT THE TIME THAT THEY ASK FOR THAT, OUR VMU TOO COMES BACK TO LIFE AND WE'RE GONNA HAVE THIS OPPORTUNITY THERE BOTH FOR THE NEIGHBORHOOD AND THE DEVELOPER. SO I THINK OVERALL THE PROJECT IS THE RIGHT IDEA FOR THIS ZONE. I SEE WHERE THE DEVELOPER IS A BIT STUCK. I SEE WHERE THE NEIGHBORHOOD WANTS, BUT THE DEVELOPER CAN'T GIVE IT YET. BUT I DON'T THINK THAT IMPEDING THE PRO THE, THE APPLICATION AT THIS TIME IS GOING TO GET ANYBODY ANYTHING THAT THEY WANT DOWN THE ROAD. I, I THINK WE NEED TO LET IT KEEP ROLLING FORWARD. THANK YOU. UM, ANYBODY SPEAKING AGAINST, UM, THANK YOU. YES. UM, WELL FIRST OF ALL, I NEED TO BEGIN MY REMARKS BY SAYING THE LOSS OF VM U2 IS TRAGIC. IT'S A LOSS FOR SO MANY KEY GOALS THAT WE HAVE AS A COMMUNITY, GETTING FOLKS WITH VOUCHERS HOUSED, FINDING THOSE DEEPER LEVELS OF AFFORDABILITY. UM, YOU KNOW, I, I, IT'S JUST, IT IS A HEARTBREAKING SITUATION TO NOT HAVE VMU TWO, I'LL ALSO NOTE THIS IS ALONG A FUTURE LIGHT RAIL CORRIDOR. AND I, YOU KNOW, ONCE SOMETHING GETS DEVELOPED HERE THAT DOESN'T LIVE UP TO SORT OF THE GOAL AND VISION THAT WE HAVE AS A COMMUNITY FOR WHAT WE WANT TO SEE AROUND OUR LIGHT RAIL, IT'S VERY HARD TO GO BACK. UM, AND THERE'S ALSO A COMPO [02:00:01] A CONCERN ABOUT MIXED MESSAGES BEING SENT BECAUSE ON THE ONE HAND, TELLING A NEIGHBORHOOD, LOOK, YOU KNOW, OF COURSE WE'RE WILLING TO SIGN A WRITTEN AGREEMENT, BUT THEN NO, WE DON'T WANT, UH, TO SEE ANY KIND OF RESTRICTIVE COVENANT BECAUSE MARKET CONDITIONS KEEP CHANGING AND THERE'S A LOT OF UNPREDICTABILITY AND EVERYTHING SENDS TWO PROFOUNDLY CONFLICTING MESSAGES. UM, AND WE KNOW THERE NEEDS TO BE TRUST. I MEAN, THERE'S JUST A LONG TRACK RECORD OF, YOU KNOW, PEOPLE GOING BACK ON THEIR WORDS SAYING ONE THING, DOING SOMETHING COMPLETELY DIFFERENT IN THIS CITY. AND, YOU KNOW, OVER AND OVER AGAIN, WE SIT UP HERE AS PLANNING COMMISSIONERS AND WE, YOU KNOW, CLAIM THAT WE'RE MAKING, YOU KNOW, THAT WE'RE SUPPORTING A CERTAIN DEAL BECAUSE WE'RE HEARING A CERTAIN COMMITMENT. AND WHEN THAT COMMITMENT DOESN'T COME THROUGH, THERE'S A HUGE VIOLATION OF TRUST. AND THAT VIOLATION OF TRUST MASSIVELY HURTS OUR ABILITY TO FIGHT FOR AFFORDABLE HOUSING IN AUSTIN. SO I THINK THAT, YOU KNOW, THE, THE LACK OF WILLINGNESS TO SIGN RESTRICTIVE COVENANT WITH THE NEIGHBORHOOD AROUND SOMETHING THAT THEY CLAIM THEY ARE WILLING TO COMMIT TO SENDS SOME KIND OF A MIXED SIGNAL THAT I THINK IS, IS CONCERNING. UM, AND I AM DEEPLY CONCERNED WITH WHAT WE'RE GONNA END UP WITH ON THIS SITE. UM, YOU KNOW, AGAIN, SORT OF THE MIXED MESSAGES, RIGHT? WHY DO WE NEED TO APPROVE THIS RIGHT NOW? IF, IF THE CURRENT, UH, UH, ZONING IS, IS APPROPRIATE FOR THE USES THAT ARE CURRENTLY MOVING FORWARD WITH? AND THEN, YOU KNOW, I THINK THERE'S ALWAYS THIS, YOU KNOW, ASKING OF US TO SIGN A BLANK CHECK. THANK YOU. THANK YOU. THOSE SPEAKING. FOUR, MR. SHAW, I, I, I UNDERSTAND THE CONCERNS OF MY OTHER COMMISSIONERS, BUT I JUST THINK THIS, UM, WHETHER IT'S THIS, UH, APPLICANT OR ANOTHER, UM, THIS IS THE RIGHT DECISION. IT'LL ALLOW THE GREATEST FLEXIBILITY AND ALLOW FOR, UM, AGAIN, AS, UM, COMMISSIONER MO CHILDER SAID, SO WELL, UH, IF WE DO GET VM U2 BACK, THIS SITE IS READY TO GO AND CAN TAKE ADVANTAGE OF THOSE, UH, ADDITIONAL AFFORDABLE UNITS. SO I JUST THINK WE'RE SETTING THIS UP AS A CITY FOR SUCCESS IF WE GO AHEAD AND, UH, APPROVE THIS, THIS EVENING. ANYONE SPEAKING AGAINST COMMISSIONER PHILLIPS MOSTLY, I WANT TO SECOND EVERYTHING THAT COMMISSIONER CONLEY SAID ABOUT TRUST AND UNWILLINGNESS TO SIGN AGREEMENTS WITH THE NEIGHBORHOOD, IF THAT'S REALLY WHAT YOUR COMMITMENT IS. AND, UM, ONE COMMISSIONER POINTED OUT THAT THEY, THAT YOU COULD COME BACK AND GET THE DIFFERENT KIND OF ZONING AND TO ALLOW THIS TO GO FORWARD AND NOT HAVE ANY KIND OF CHECKS AND BALANCES AS TO WHETHER OR NOT THE AFFORDABILITY WILL BE THERE. I, I, I JUST, I THINK IT IS A, A MATTER OF TRUST AND IT'S A MATTER OF, OF HOW WE ARE DOING OUR BUSINESS. SO I TOTALLY AGREE WITH YOU. YOU, IT WAS WELL SAID. IT'S A BLANK CHECK. AND YOU KNOW, SOMEONE HAS ASKED WHY IN THE WORLD DO OTHER PEOPLE COME AND THEY GET CASH AND THEN OTHER PEOPLE COME AND THEIR CHECK IS ALWAYS IN THE MAIL. SO I THINK WE REALLY NEED TO BE CONCERNED ABOUT TRUST. THANK YOU SPEAKING FOUR. COMMISSIONER ANDERSON, I'M, I'M SUPPORTIVE OF THIS ITEM. I WOULD, YOU KNOW, WE DEFINITELY ENHANCED VMU AND WE CREATED VMU TOO, AND IT'S, SORRY THAT IT'S SAD THAT WE LOST THAT TOOL, BUT I DON'T WANNA HOLD THIS CASE OR OTHER CASES HOSTAGE. LET'S PASS THIS AND THEN LET'S GET TO WORK AS A BODY AND HOPEFULLY PASS VM U2 EVEN BETTER. LET'S DO VMU THREE AND LET'S HOPE THE COURTS STOP OVERTURNING ALL OF OUR ORDINANCES. OKAY, LAST SPOT. SPEAKING AGAINST COMMISSIONER COX. UH, I'M, I'M ACTUALLY GONNA ABSTAIN. UM, UH, I THINK EVERYONE IS SAYING REALLY, REALLY GOOD POINTS, BUT, BUT THE REASON WHY I DON'T WANNA GIVE THIS A, A GREEN LIGHT OR A RED LIGHT IS REALLY, I THINK WHAT COMMISSIONER WOODS HAD BROUGHT UP IN OUR LINE OF QUESTIONING. UM, FROM WHAT I HEARD, THE APPLICANT CAN DO WHAT THEY WANT TO RIGHT NOW WITHOUT GETTING THIS ZONING. AND I, I HAVE A LOT OF RESERVATIONS ABOUT GRANTING ZONING WITHOUT A REAL CONCRETE PROJECT OR INTEREST BEHIND IT. UM, BECAUSE I THINK WE START TO KIND OF SEEP INTO THIS WEIRD TERRITORY WHERE WE COULD JUST HAVE A WHOLE LOT OF SPECULATIVE ZONING, SEEING HOW MANY, HOW MUCH ENTITLEMENTS PEOPLE CAN GET IN ORDER TO FLIP, FLIP A PIECE OF PROPERTY AT MAXIMUM PROFIT. UM, AND I DON'T THINK WE SHOULD BE IN THE BUSINESS OF DOING THAT. I DON'T THINK THAT'S NECESSARILY THE CASE HERE, BUT I JUST HAVE A LOT OF RESERVATIONS ABOUT, UM, GRANTING ZONING WHEN THE APPLICANT'S KIND OF TELLING US THAT THEY MAY NOT ACTUALLY NEED IT. UH, SO THAT'S WHY I'M GONNA ABSTAIN FROM THIS. [02:05:03] ALL RIGHT. THANK YOU EVERYBODY FOR YOUR COMMENTS. LET'S GO AHEAD AND TAKE A VOTE. SO THIS IS THE MOTION BA MADE BY COMMISSIONER MUSH TOLER AND SECONDED BY COMMISSIONER MAXWELL TO GRANT STAFF RECOMMENDATION ON BOTH THE NPA AND THE REZONING. UM, SO ON THE DUS, ALL THOSE IN FAVOR, 2, 3, 4, THAT'S SIX. ONLINE, THOSE IN FAVOR? TWO. OKAY. UM, ON THE DIOCESE, THOSE AGAINST. OKAY. AND VIRTUALLY THOSE AGAINST ABSTAIN. ABSTAIN. SO TWO ABSTAIN. OKAY. SO THAT'S, HELP ME OUT WITH THE COUNT TWO. 1, 2 1 8 2 1, 8, 2 1. OKAY. SO THAT, UM, 8 1 2, SORRY. 8 1 2. 'CAUSE THERE'S ONE AGAINST TWO EXTENSIONS. YES. THANK YOU. UM, COMMISSIONER PHILLIPS VOTING AGAINST, AND COMMISSIONER CONNOLLY. AND COMMISSIONER COX, VOTING ABSTAINING. THANK YOU EVERYBODY FOR THAT. AND WE WILL, UH, DOES ANYBODY NEED A BREAK? IT'S EIGHT 15. WE HAVE ANOTHER SET OF DISCUSSION CASES I'M SEEING. YES. SO LET'S TAKE A FIVE MINUTE RECESS AND WE'LL SEE YOU BACK AT EIGHT 19. WE HAVE OUR QUORUM. LET'S GO AHEAD AND GET STARTED. IF, UM, YOU WANNA START FILING BACK IN. OKAY. WE ARE MOVING [Items 16 & 17] ON TO, UH, CASES NUMBER 16 AND 17. AND WE'LL START WITH THE STAFF PRESENTATION ARE WITH 16 OR 17. UH, 16 CAN GO FIRST. UH, M MEREDITH, ITEM NUMBER 16 IS PLAN AMENDMENT NPA 20 23 0 0 2 3 0.02. BERKMAN MIXED USE PROPERTY IS LOCATED AT 64 0 5 BERGMAN DRIVE WITHIN THE UNI UNIVERSITY HILLS WINDSOR PARK, COMBINED NEIGHBORHOOD PLANNING AREA. THE REQUEST IS TO CHANGE THE FUTURE LAND USE MAP FROM HIGHER HIGHER DENSITY SINGLE FAMILY TO MIXED USE LAND USE STAFF RECOMMENDS NEIGHBORHOOD MIXED USE LAND USE. THE WINDSOR PARK NEIGHBORHOOD PLAN. CONTACT TEAM HAS NOT SUBMITTED A FORMAL LETTER OF RECOMMENDATION, BUT THEY DID SUBMIT A LETTER STATING THEIR CONCERNS. AND THIS WAS SUBMITTED TO THE PLANNING COMMISSION AS LATE BACKUP. JONATHAN TOMKO WITH THE PLANNING DEPARTMENT. THIS IS ITEM NUMBER 17, CASE NUMBER C 14 2020 3 0 1 0 7 BERKMAN MIXED USE IS A REZONING REQUEST FROM 6 4 64 0 5 BERKMAN DRIVE FROM SSF SIX NP TO G-R-M-U-N-P. STAFF IS RECOMMENDING A LESSER INTENSITY ZONING OF LR M-U-C-O-N-P FOR THIS CASE. UM, THERE IS AN ERROR IN THIS, UH, CASE REPORT I WANTED TO BRING TO YOUR ATTENTION. THAT'LL BE CORRECTED. THE CO UH, RECOMMENDED BY STAFF IS ONLY TO PROHIBIT THE USE OF SERVICE STATION, WHICH IS PERMITTED IN LR. THE, UH, SUBJECT TRACK IS LOCATED SOUTH OF US TWO 90 ON BERKMAN DRIVE AT THE INTERSECTION OF ASHBURY DRIVE AND BERKMAN DRIVE IN THE WINDSOR PARK NEIGHBORHOOD. THE SUBJECT TRACK IS APPROXIMATELY 0.865 ACRES, OR APPROXIMATELY 38,000 SQUARE FEET. THE SUBJECT TRACK CURRENTLY HAS AN OLDER SINGLE FAMILY HOME ON IT. THERE ARE 10 NEWER TOWN HOMES IMMEDIATELY TO THE NORTH AUSTIN FIRE STATION. NUMBER 18 IS IMMEDIATELY TO THE SOUTH, AND THERE ARE SF THREE NP ZONE PROPERTIES IMMEDIATELY TO THE WEST ACROSS BERKMAN DRIVE AND TO THE EAST ACROSS HICKMAN AVENUE. BERKMAN DRIVE IS A LEVEL TWO A SMP CORRIDOR AND IS NOT AN IMAGINE AUSTIN CORRIDOR. THERE IS CAP METRO ROUTE 10 THAT RUNS ALONG BERKMAN DRIVE. HICKMAN AVENUE. ONE BLOCK TO THE EAST IS AN A SMP LEVEL ONE. UH, STAFF IS RECOMMENDING THIS LESS INTENSIVE ZONING BASED ON THE FOLLOWING CONSIDERATIONS. GR ZONING TYPICALLY, UH, DOES NOT HAVE ACCESS TO AN A SMP LEVEL ONE CORRIDOR OR A NEIGHBORHOOD STREET. UH, GR TYPICALLY HAS MULTIFAMILY ZONING SERVING AS A BUFFER BETWEEN IT AND SINGLE FAMILY ZONING CATEGORIES. AND THE MAXIMUM BUILDING HEIGHT OF SA RECOMMENDATION WOULD BE 40 FEET OR THREE STORIES. [02:10:01] HOWEVER, THE APPLICANT'S REQUEST WOULD ALLOW UP TO 60 FEET. AND FOR A FRAME OF REFERENCE, THE MAXIMUM BUILDING HEIGHT ON THE TOWN HOMES I MENTIONED TO THE NORTH OF THE SITE ZONED SSF SIX IS 35 FEET. I'M AVAILABLE IF YOU HAVE ANY QUESTIONS, CHAIR. WE WILL NOW HEAR FROM THE APPLICANT FOR FIVE MINUTES. GOOD EVENING COMMISSIONERS VICTORIA HASI WITH ER DESIGN ON BEHALF OF THE LANDOWNER. THE SUBJECT TRACT IS OUTLINED IN BLUE. IT DOES HAVE FRONTAGE ON BOTH BERKMAN AND HICKMAN. UM, THAT IS ONE OF THE REASONS THAT WE THINK THAT THIS IS A GOOD LOCATION TO RECEIVE INCREASED IN DENSITY. UM, UH, IT WILL HELP THE AREA WITH, UH, AC ACCESSIBILITY. NEXT SLIDE. UM, SO BERKMAN IS, UH, CURRENTLY HAS EXISTING CAPITAL METRO SERVICE ON IT. YOU CAN SEE THE RED DOTS ARE, UM, THE CAPITAL METRO BUS STOPS. THERE ARE SEVERAL WITHIN VERY CLOSE WALKING DISTANCE. UM, THERE'S ALSO A GROCERY STORE IN CLOSE WALKING DISTANCE TO THE NORTH AND AN ELEMENTARY SCHOOL TO THE SOUTH. AND THEN OF COURSE TO THE WEST, UM, AT JUST ABOUT HALF MILE IS AN IMAGINE AUSTIN, UM, REGIONAL CENTER. IT'S THE HIGHLANDS HIGHLAND MOLESTATION. UM, THESE ARE ALL, UH, THINGS THAT WOULD BENEFIT FROM ADDITIONAL DENSITY, UH, PEOPLE BEING CLOSE WITHIN WALKING DISTANCE TO A LOT OF THESE SERVICES. NEXT SLIDE. UH, WE ARE REQUESTING TO AMEND THE FUTURE LAND USE MAP FROM, UH, HIGHER DENSITY SINGLE FAMILY TO MIXED USE. SO THE LOT WOULD CHANGE FROM THIS GREEN COLOR TO A BROWN COLOR. AND THE ASSOCIATED REZONING IS TO REQUEST GR RMU NP. AND THAT WOULD CHANGE THE COLOR OF THE TRACT FROM THE BRIGHT YELLOW THAT YOU SEE TO RED, UH, WHICH IS, UH, SIMILAR OR THE SAME, UM, AS THE GR PROPERTY IMMEDIATELY OR TO THE SOUTH. NEXT SLIDE. SO REALLY WHAT WE'RE TALKING ABOUT WITH THIS REZONING ARE TWO THINGS. WE'RE TALKING ABOUT IT, UH, THE ABILITY TO ADD FOR COMMERCIAL USES ON THIS SITE. THAT IS SOMETHING THAT WE'VE HEARD FROM THE NEIGHBORHOOD THAT THEY WOULD, UH, LIKE TO SEE MORE OF IN THEIR AREA. AND THEN WE'RE ALSO TALKING ABOUT AN INCREASE IN THE NUMBER OF UNITS THAT WE CAN GET ON THIS PROPERTY. SO UNDER SSF SIX ALLOWS A MAXIMUM DENSITY OF 12.5 UNITS PER ACRE. UH, OUR REQUEST OF GRMU ALLOWS, UH, 40 UNITS PER ACRE IF YOU'RE LOOKING AT A ONE AND TWO BEDROOM MIX. UM, FOR THIS PARTICULAR PROPERTY, IT'S 0.886 ACRES. SO YOU WOULD GET 10 UNITS UNDER SF SIX, WHICH IS, UH, WHAT THE PROPERTY IS DEVELOPED, UH, TO THE NORTH. UH, STAFF'S RECOMMENDATION OF LRMU WOULD ALLOW, UM, UH, 17 UNITS IF YOU'RE AVERAGING ONE AND TWO BEDROOM UNITS. AND THEN OUR REQUEST WOULD ALLOW UP TO 34 UNITS AVERAGING ONE AND TWO BEDROOM. UM, NEXT SLIDE. SO LOOKING AT DENSITY IN THE AREA, ALL OF THE PROPERTIES THAT YOU SEE HIGHLIGHTED IN, UM, THESE NEON COLORS EITHER TODAY HAVE, UH, DECADES OLD DEVELOPMENT THAT, UM, HAS DENSITIES EQUITABLE TO WHAT IS ALLOWED UNDER MF FIVE, MF, UH, SIX, UM, AND THE, OR IT HAS ENTITLEMENTS TO RECEIVE DEVELOPMENT AT THOSE DENSITIES. AND SO WHAT WE'RE ASKING FOR IS ACTUALLY, UM, ALREADY SOMETHING THAT, UM, IS CONSISTENT WITH WHAT, WHAT'S ON THIS, UH, STRETCH OF BERKMAN. NEXT SLIDE. AND THIS IS A SITE, UH, THESE ARE SITE DEVELOPMENT STANDARDS, UH, RANGING FROM SSF SIX ALL THE WAY UP TO OUR REQUEST OF GRMU. WE DO BELIEVE, UM, WELL GRMU WILL ALLOW THE GREATEST LEVEL FLEXIBILITY SO THAT WE CAN USE THIS PROPERTY MOST EFFICIENTLY, MOST EFFICIENTLY WITH BRINGING UNITS HERE VERSUS SPRAWLING TO OUR OUTER EDGES. UM, YOU DID HEAR THE STAFF, UH, JONATHAN HAD MENTIONED THAT THERE WAS A, A, UM, A MISTAKE IN THE A STAFF REPORT WITH REGARDS TO THE CONDITIONAL OVERLAY. AND I JUST WANTED TO COMMENT THAT WE'RE ACTUALLY FINE WITH THE CONDITIONAL OVERLAY AS WRITTEN IN THE STAFF REPORTS, UH, TO GO ALONG WITH GRMU, UH, REZONING. SO I JUST WANTED TO MAKE THAT OFFER AS WELL. UH, I'LL PASS IT OVER TO RON CHAIR, MEMBERS OF THE COMMISSION, RON THROWER. UM, SINCE WE FOUND OUT THAT COMMISSIONER, UM, GUERRERO RAMIREZ WAS NOT GONNA BE IN ATTENDANCE TONIGHT, I WANTED TO ADD SOME INFORMATION ABOUT CAPITAL METRO SERVICE THAT'S ALONG THIS ROUTE. AS WAS MENTIONED, THIS IS THE NUMBER 10 ROUTE AND THE AVERAGE DAILY RIDERSHIP IS ALMOST 6,000. AND IF YOU TAKE THE NUMBER OF WEEKDAY TRIPS SATURDAY AND SUNDAY, IT'S 37,000, UH, UH, RIDERSHIP EVERY WEEK, WHICH IS I THINK A VERY HIGH NUMBER. AND IF YOU GO TO LOOKING AT THE NUMBER OF ROUTES THAT THE CAPITAL METRO HAS, THERE'S 78 78 ROUTES [02:15:01] TOTAL IN AUSTIN. THIS PARTICULAR ROUTE IS NUMBER FIVE ON RIDERSHIP. SO IT'S A VERY, IT'S A, IT'S A CORRIDOR THAT HAS A LOT OF RIDERSHIP. THERE'S A LOT GOING ON ON THIS CORRIDOR. WE BELIEVE THAT GRMU IS THE APPROPRIATE ZONING FOR THIS PROPERTY. UM, STAFF'S RECOMMENDATION, OBVIOUSLY HAVES THE NUMBER OF UNITS THAT WOULD BE POSSIBLE ON THIS PROPERTY. WE'RE LOOKING FOR GREATER OPPORTUNITY FOR DENSITY ALONG THIS CORRIDOR, ALONG THIS GREAT BUS ROUTE. AND THEN ALSO HAVING A LITTLE BIT OF COMPONENT OF, UH, COMMERCIAL OPPORTUNITY. THANK YOU, CHAIR. THAT CONCLUDES THE SPEAKERS ON THIS ITEM. OKAY. UM, IS THERE A MOTION TO CLOSE THE PUBLIC HEARING AND, OKAY. COMMISSIONER ANDERSON. COMMISSIONER CONNOLLY. UM, ANY OPPOSITION TO CLOSING THE PUBLIC HEARING? SEEING NONE. LET'S MOVE ON TO OUR Q AND A. SO THIS IS EIGHT COMMISSIONERS AT FIVE MINUTES EACH. WHO HAS THE FIRST QUESTION? COMMISSIONER PHILLIPS, IF I'M LOOKING AT IT CORRECTLY, THIS STAFF RECOMMENDATION IS DIFFERENT THAN THE APPLICANT RECOMMENDATION. WOULD STAFF BE ABLE TO ANSWER WHY, WHY THEY MADE THEIR RECOMMENDATION? WILL AT LEAST SPEAK TO THEIR RECOMMENDATION? SURE. UH, JONATHAN TOMKO WITH THE PLANNING DEPARTMENT, UH, STAFF IS RECOMMENDING A LESS INTENSIVE ZONING CATEGORY BASED ON THE FOLLOWING CONDITIONS. UH, CONSIDERATIONS, UH, GR DOES TYPICALLY DOESN'T HAVE ACCESS TO A LEVEL ONE A SMP CORRIDOR. UM, AS WAS NOTED, UH, HICKMAN, UH, AVENUE TO THE EAST IS A LEVEL ONE, UH, A SMP CORRIDOR, WHICH MEANS IT'S BASICALLY A NEIGHBORHOOD STREET. UM, GR TYPICALLY HAS MULTIFAMILY ZONING SERVES AS A BUFFER BETWEEN IT AND SINGLE FAMILY CATEGORIES. UM, I NOTICED IN THE APPLICANT'S, UH, MAP THERE, THERE WAS A, A SIMILAR GR PROPERTY TO THE SOUTH. AND, UH, IF YOU LOOK ON THAT MAP, IT DOES HAVE MULTIFAMILY ZONING SERVING AS A BUFFER BETWEEN IT AND SINGLE FAMILY ZONING. AND THEN THE LAST THING OR CONSIDERATION WAS THE, THE MAXIMUM BUILDING HEIGHT. SO UNDER A GR M MU, UH, NP, UH, ZONING, UH, REQUEST, WHICH IS WHAT THE APPLICANT REQUESTED, THE MAXIMUM BUILDING HEIGHT WOULD BE 60 FEET. UH, STAFF'S RECOMMENDATION IS FOR, UH, A LITTLE BIT SHORTER IN HEIGHT, WHICH WOULD BE, UH, A MAXIMUM OF 40 FEET OR THREE STORIES UNDER THE L-R-M-U-C-O-N-P CATEGORY. THANK YOU. OKAY. ANOTHER QUESTION. AND COMMISSIONER MAXWELL. YEAH, I HAVE SOME QUESTIONS FOR THE APPLICANT. UM, SO JUST LOOKING AT THE MAP HERE, AND OBVIOUSLY UNDERSTANDING THE CONCERNS THAT STAFF HAS BROUGHT FORWARD, BUT, UM, IT SEEMS LIKE THIS IS A VERY MUCH AN, UH, CHANGING AREA AND INCLUDES ACCESS, WALKING ACCESS ESSENTIALLY TO A ELEMENTARY SCHOOL AS WELL AS THE GROCERY. SO THIS IS AN AMENITY RICH NEIGHBORHOOD WHERE WE WOULD GENERALLY WANT TO ADD MORE UNITS. IS THAT CORRECT? UM, YES, I WOULD AGREE WITH THAT. UM, AND AGAIN, WHAT I WAS TALKING ABOUT IN TERMS OF, UM, I UNDERSTAND WHAT STAFF IS SAYING, BUT THIS PROPERTY DOES HAVE DUAL ACCESS, UH, TO TWO SEPARATE ROADWAYS. AND I SEE THAT AS A BENEFIT TO, UM, ALLOWING MORE DENSITY HERE BECAUSE IT DOES GIVE GREATER CONNECTIVITY, WHETHER IT'S THROUGH THIS SITE OR PEOPLE LEAVING THIS SITE AND EITHER GOING ACROSS BERKMAN OR MAKING THEIR WAY TO THE ELEMENTARY SCHOOL. UM, I JUST, WE BELIEVE IT'S GOT A, IT'S GOT A LOT MORE BENEFIT, UH, POSSIBLE TO THE COMMUNITY. GREAT. AND THEN, UH, RELATED, UM, AS YOU POINTED OUT, IT IS BASICALLY JUST HALF A MILE FROM A FUTURE, UH, SORT OF TRANSIT CORRIDOR. IS THAT, IS THAT CORRECT? THAT'S WALKING THROUGH THE NEIGHBORHOOD? THAT'S CORRECT, YES. UH, THE, UM, OR WAIT HALF A MILE FROM A FUTURE TRANSIT, WELL, I SAW IT WAS ON YOUR MAP, I THINK IT WAS. YES, YES. SO THAT'S, AND THAT'S THE HIGHLAND STATION AREA? YES, CORRECT. YES. OKAY. AND THAT'S ACTUALLY EXISTING TRANSIT CURRENTLY? YES. YEAH. AND, UM, AND AND YOU ARE ALSO MENTIONING IN YOUR OTHER MAP THAT THERE'S, UH, SEVERAL PROPERTIES THAT HAVE ALREADY REACHED THIS SORT OF INTENSITY OF DEVELOPMENT. IS THAT CORRECT? THAT'S CORRECT. AND SOME OF THEM HAVE ACTUALLY BEEN, BEEN AT THAT LEVEL OF DENSITY FOR PROBABLY SINCE THE SIXTIES OR SEVENTIES. YEAH. AND THEN ONE FINAL QUESTION, WE NOTICED THAT SOME OF THE CONCERNS RELATED TO FROM THE NEIGHBORHOOD WERE SPECIFICALLY RELATED TO TRAFFIC AND WHATNOT, THERE WOULD BE A FULL TRAFFIC STUDY RELATED TO THIS DEVELOPMENT DURING SITE PLAN? OH, ABSOLUTELY, YES. OKAY, GREAT. THOSE ARE MY QUESTIONS. THANK YOU, CHAIR. ALL RIGHT. OTHER QUESTIONS? [02:20:03] UM, COMMISSIONER COX. THANK YOU, COMMISSIONER COX. AND THEN COMMISSIONER HUNTER. I JUST WANTED TO FOLLOW UP ON, ON THAT LAST QUESTION. UM, IT, SO A TIA IS GONNA BE REQUIRED FOR THIS, FOR THIS DEVELOPMENT QUESTION TO THE APPLICANT, COMMISSIONER COX. UM, IF A TIA IS REQUIRED BY THE CITY OF AUSTIN, THEY'LL CERTAINLY DO IT. IF THERE'S GONNA BE ACCESS TO THAT LEVEL ONE STREET, IT'S GONNA REQUIRE AT A MINIMUM A NEIGHBORHOOD TRAFFIC ANALYSIS STUDY. BUT ALSO JUST WANT TO SAY THAT THERE'S VERY LITTLE CHANCE THAT THIS ENTIRE SITE WOULD BE DEVELOPED COMMERCIALLY. IF IT'S GONNA HAVE A COMMERCIAL COMPONENT, IT'S GONNA BE TOWARDS THE BERKMAN FRONTAGE. UM, YOU KNOW, SO THE FEAR OF COMMERCIAL ZONING ON A LEVEL ONE STREET IS NOT GONNA HAPPEN IN THE MARKETPLACE. AND, AND SO NO, AND I UNDERSTAND THAT. I'M TRYING TO UNDERSTAND, I MEAN, THIS IS KIND OF A, AN INTERESTING SITE BECAUSE YOU'VE GOT, UM, YOU KNOW, SSF ZONING ON THE OTHER SIDE OF BERKMAN SF ZONING ON THE OTHER SIDE OF HICKMAN, BUT YOU DO HAVE ACCESS TO THOSE TWO ROADS. DOES COMPATIBILITY REQUIRE OR DOES COMPATIBILITY APPLY TO SOMETHING LIKE THIS? ABSOLUTE, ABSOLUTELY. OR IS THERE SOME SORT OF WAIVER? NO, THE COMPATIBILITY IS STILL IN THE BOOKS TODAY AND IT IS APPLICABLE TODAY, YES. OKAY. AND THEN I'M JUST TRYING TO UNDERSTAND KIND OF VISUALLY THE MASSING. WE'VE GOT THE FIRE STATION TO THE SOUTH, WE'VE GOT WHAT LOOKS TO BE LIKE A NEW MAYBE CONDO DEVELOPMENT THAT'S TWO OR THREE STORIES TO THE NORTH, RIGHT? UM, DO YOU THINK THAT THE DEVELOPMENT OF SITE WOULD STICK TO THAT SORT OF SCALE OR IS WHAT YOU'RE ASKING FOR WELL, BEYOND THAT SCALE OF DEVELOPMENT, THE COMPATIBILITY REGULATIONS ARE GONNA FORCE THE PROJECT TO BE IN COMPLIANCE TO THE COMPATIBILITY. SO IT'S GONNA BE A MAXIMUM OF 40 FEET ON THE PROPERTY. 'CAUSE YOU'RE GONNA HAVE COMPATIBILITY TRIGGERED FROM, UM, NOT ONLY ON HICKMAN, BUT THERE'S A SINGLE FAMILY OR DUPLEX ACTUALLY THAT'S BEHIND THE, UM, THE FIRE STATION AND OF COURSE SINGLE FAMILY THAT'S ACROSS THE STREET. UM, AND I'LL ALSO JUST POINT OUT AGAIN, THAT WE WERE IN FRONT OF THIS COMMISSION SEVERAL MONTHS BACK FOR THAT MFI PROPERTY THAT WAS TO THE SOUTH. THERE WAS ALSO THE CONCERN OF HEIGHT THAT WAS RAISED AT THAT TIME, AND I BELIEVE MR. COX OR COMMISSIONER COX, THAT YOU HAD MADE THE MOTION FOR MF FIVE WITH A HEIGHT CAP. SO DENSITY IS CERTAINLY ACCEPTABLE IN THIS AREA. COMPATIBILITY IS GONNA DICTATE THE HEIGHT NO MATTER WHAT. UM, AND WE'RE JUST LOOKING FOR THE OPPORTUNITY OF MAYBE HAVING GREATER NUMBER OF UNITS THAN WHAT STAFF IS RECOMMENDING. I'M SO HAPPY YOU SAID THAT BECAUSE I WAS RACKING MY BRAIN SAYING, I THOUGHT WE DID THIS ZONING CASE ALREADY , SO THAT MUST BE WHY I WAS THINKING OF THAT. YES. THANK YOU, RON. YES. ALL RIGHT. BOARD MEMBER HUNTER, AND THEN COMMISSIONER CONNOLLY. THANK YOU. UM, I HAVE A QUESTION FOR THE APPLICANT. UM, AND I CAN SAVE YOU LOTS OF MONEY RIGHT NOW. BERKMAN IS ONE LANE EACH WAY. IT TOOK ME 10 MINUTES TO GET TO MUELLER. I LIVE RIGHT ON BERKMAN AND BRIARCLIFF, SO I'LL SAVE YOU A LOT OF MONEY. UM, WHEN I LOOK AT THE, WHEN YOU HAVE THE CHART UP OF THE, THE SPACES THAT YOU'RE WANTING, I SEE ONE IN TWO BEDROOMS. JUST OUT OF CURIOSITY, SINCE YOU'RE RIGHT THERE, ACTUALLY THE AREA IS ACTUALLY BY THREE ELEMENTARY SCHOOLS. WH WHY, UM, THE CAP AT TWO BEDROOMS? I'M, I'VE BEEN LOOKING ON ALL OF THESE PROJECTS AND I RARELY EVER SEE THREE BEDROOMS EVER. UM, THAT'S A GOOD QUESTION. COMMISSIONER VICTORIA HASI WITH ER DESIGN. UM, SO WE DON'T KNOW AT THIS POINT EXACTLY WHAT THE UNIT MIX IS GOING TO BE WHEN I THREW OUT ONE AND TWO BEDROOMS, THOSE ARE JUST BASED OFF OF THE STANDARD CITY NUMBERS, UH, THAT ARE GIVEN FOR DENSITY BASED OFF OF ZONING DISTRICTS. UM, SO MOST PROJECTS TYPICALLY, UM, ARE A MAJORITY ONE AND TWO BEDROOM. THERE ARE USUALLY THREE AND FOUR BEDROOM, BUT THERE'RE A LESS, USUALLY LESS OF THOSE THAN THERE ARE OF THE ONE AND TWO BEDROOM MIX. UM, I WAS JUST GOING OFF OF THE, THE CALCULATIONS BASED OFF OF CITY SITE AREA REQUIREMENTS AND SUCH, BUT I APPRECIATE WE DON'T KNOW AT THIS POINT IN TIME WHAT THE UNIT MIX IS GOING TO BE. YEAH, OKAY. UM, THE, THE REASON I MENTIONED THAT IS BECAUSE THERE'S DEVELOPMENT ON WRANGLE THE DEVELOPMENT ON CLAYTON AND THEN THE DEVELOPMENT CURRENTLY ON BRIARCLIFF AND, UM, BERKMAN. SO DENSITY HAS ALREADY OCCURRED. IT IS, UM, LIKE I SAID, IT'S, IT'S PRACTICALLY BERKMAN IS PRACTICALLY CURRENTLY IMPASSABLE. UM, MY NEXT QUESTION IS ABOUT, UM, I DID, UM, CITY, I DID DENSITY. [02:25:01] OH, I'M SORRY. THAT WAS MY ONLY QUESTION AND YOU ANSWERED IT. I APPRECIATE THAT. I DO WANNA TAKE A MOMENT, UH, OF REFLECTION IF I COULD. JUST A COUPLE SECONDS HERE. UM, BECAUSE I AM ON THE SCHOOL BOARD, ONE THING THAT I LOOK AT IS WHERE WE LOSE FAMILIES. AND THIS AREA IS GENTRIFYING SO RAPIDLY THAT IT IS LITERALLY CHOKING OUT THE THREE ELEMENTARY SCHOOLS IN THIS AREA, AND THAT WOULD BE BLANTON, HARRIS, AND ANDREWS. SO I KNOW THAT, THAT, THAT IS NOT A DEVELOPER'S PREROGATIVE TO CONSIDER THAT, BUT FOR A C IN ORDER TO FUNCTION, OUR SCHOOLS ARE, ARE BEING CHOKED BY THE DEVELOPMENT THAT WE CREATE IN THIS ROOM. THANK YOU. THANK YOU, COMMISSIONER CONNOLLY. UM, THANK YOU. SORRY, I JUST WANTED TO CONFIRM, BECAUSE THIS WOULD BE A QUESTION, I GUESS PRIMARILY FOR THE APPLICANT INITIALLY THERE. SO STAFF HAD SAID THAT THEY DIDN'T, THAT THE BASIS FOR THEIR RECOMMENDATION WAS NOT WANTING TO HAVE A MU TOUCHING A LEVEL ONE CORRIDOR. UM, BUT IT, IT IS CORRECT THAT THERE IS A-G-R-M-U ZONED LOT, MAYBE SIX EIGHT PARCELS DOWN JUST RIGHT THERE THAT DOES ALREADY TOUCH HICKMAN AND IS ZONED GRMU. IS THAT CORRECT? THAT THAT IS CORRECT. HOWEVER, THAT CASE, UH, IS HIGHLIGHTED IN THE AREA CASE HISTORY STAFF'S RECOMMENDATION ON THAT CASE IS THE SAME THAT IT IS ON THIS CASE, L-R-M-U-N-P. UM, IT WAS THE SAME CONCERNS THAT WAS BROUGHT UP ON THAT CASE. AND SO IF ANYTHING, STAFF IS CONSISTENT AS RECOMMENDATION. OKAY. UM, SORRY, THAT WAS, THAT WAS A QUESTION FOR THE APPLICANT, BUT I DO APPRECIATE THE, THE, THE ANSWER FROM STAFF. UM, DO YOU HAVE ANYTHING THAT YOU WOULD ADD TO THAT? UM, I THINK I WOULD JUST ECHO WHAT RON HAD SAID BEFORE, THAT, UM, IF THIS IS, UH, GOING TO BE A TRUE MIXED USE DEVELOPMENT, ANY COMMERCIAL COMPONENT IS GONNA BE TOWARDS BERKMAN, THAT'S, THAT'S WHERE YOU'RE GOING. YOU KNOW, ANY BUSINESSES ARE GOING TO WANT TO THEIR FRONTAGE ON THAT SIDE AND NOT ON THE NEIGHBORHOOD SIDE. SO, UM, THAT, THAT'S REALLY ALL I WOULD LIKE TO ADD. OKAY. UM, THANK YOU. AND THEN I WAS JUST CURIOUS, YOU KNOW, TO, I THINK FOLLOW UP A LITTLE BIT ON, UM, UH, COMMISSIONER, UH, HUNTER'S, UH, POINTS ABOUT THE BEDROOM MIX. AND I KNOW IT'S TOO EARLY IN THE PROJECT TO SORT OF THINK ABOUT THAT, BUT COULD YOU, UM, MAYBE SPEAK TO SOME OF THE CONSIDERATIONS AROUND TRYING TO FIGURE OUT, LIKE, WHAT, WHAT ARE SOME OF THE WAYS THAT WE COULD DO BETTER TO INCENTIVIZE BEDROOM MIXES IN, IN A, ON A PARCEL LIKE THIS SO CLOSE TO A SCHOOL DISTRICT? UM, WELL, I DO KNOW THAT WE'RE LOOKING AT, WE'RE WORKING WITH THE NEIGHBORHOOD, UM, TO TALK ABOUT WHAT LEVEL OF COMMUNITY BENEFIT THIS PROJECT COULD BRING. WE'RE STILL IN CONVERSATIONS ABOUT THAT BECAUSE WE'RE CLOSE TO THE HOLIDAYS. UM, THEY'RE NOT GONNA BE MEETING AND THIS MONTH, BUT WE, WE HAVE BEEN IN COMMUNICATION AND WE PLAN TO MEET AND TALK MORE ABOUT WHAT COMMUNITY BENEFIT COULD COME, UM, THROUGH THIS PROJECT BEFORE WE GET TO COUNCIL. AND THERE IS, UH, CONSIDERATION FOR, UM, A PRIVATE AGREEMENT FOR SOME AFFORDABILITY AFFORDABLE UNITS TO BE INCLUDED. SO, UM, BUT WE'RE, WE'RE STILL, WE'RE VERY EARLY IN STARTING THOSE DISCUSSIONS. UH, WE PLAN TO HAVE MORE OF THOSE DISCUSSIONS IN JANUARY. OKAY. THANK YOU. YEAH. UM, THOSE ARE ALL MY QUESTIONS. THANK YOU. OKAY. ACTUALLY, SORRY, SINCE I HAVE A MINUTE, LET ME JUST DIRECT ONE MORE BACK AT STAFF . UM, SINCE I GOT THE CLARIFICATION, UM, I, I UNDERSTAND THAT STAFF ALSO RECOMMENDED AGAINST THE OTHER CASE, BUT, UM, YOU KNOW, I MEAN, IS IT NOT, CAN WE NOT RECOGNIZE THAT THERE IS SORT OF A PATTERN OF, UH, SORT OF A TREND OF, OF OF CHANGE ALREADY TAKING PLACE IN THIS AREA? AT WHAT POINT WOULD STAFF SORT OF RECONSIDER THAT POSITION WITH REGARD TO A GIVEN AREA? I, I THINK AT, ON THIS PARTICULAR CASE, WE WOULD'VE LIKED TO HAVE SEEN BERKMAN TO BE A LEVEL THREE A SMP OR FOR THERE NOT TO BE ACCESS TO A LEVEL ONE A SMP. UM, WHEN THAT PREVIOUS CASE YOU MENTIONED FURTHER TO THE SOUTH, UM, DID COME WITH STAFF'S RECOMMENDATION, THERE WAS A CONDITIONAL A, UH, OVERLAY PROPOSED TO RESTRICT ACCESS TO HICKMAN. UM, BUT THAT WAS STRIPPED AWAY WHEN THE CASE WAS HEARD BEFORE COUNSEL. OKAY. THANK YOU. THOSE ARE ALL MY QUESTIONS. ALRIGHT, WE HAVE A FEW SPOTS LEFT. ANY OTHER QUESTIONS OR A MOTION COMMISSIONERS? ZA I HAVE A, I HAVE A QUESTION FOR THE APPLICANT. UM, Y'ALL PRESENTED, YOU KNOW, THE SIDE BY SIDE OF THE DIFFERENCE BETWEEN THE, UM, LR AND GU. I GUESS MY FIRST QUESTION IS, DO WE, CAN Y'ALL TALK A LITTLE BIT ABOUT WHAT IS THE IDEA FOR THE PROJECT THAT IS LIKELY TO BE DEVELOPED HERE, WHAT YOUR CLIENT IS HOPING TO DEVELOP ON THE SITE? AND I KNOW IT'S A LITTLE EARLY BECAUSE WE'RE IN THE ZONING PROCESS, BUT IF YOU HAVE SOME IDEA, IF YOU COULD SHARE, [02:30:01] WHEN OUR CLIENT CAME TO US WITH THIS PROPERTY, AND THIS IS A CLIENT THAT WE'VE DONE A FEW ZONING CASES IN THE PAST, WE HAD MENTIONED TO HIM THAT THE NEIGHBORHOOD HAD A, A DESIRE TO TRY AND PROMOTE SOME LEVEL OF COMMERCIAL DEVELOPMENT WITH ANY REZONING. AND SO WE APPROACHED HIM WITH THAT AND HE AGREED HIS IDEA WAS TO COME IN WITH MULTIFAMILY ONLY. UM, BUT RIGHT NOW HE IS ON BOARD WITH THE IDEA OF PROVIDING A MIXED USE DEVELOPMENT. BUT AGAIN, BECAUSE, UH, THE FRONTAGE OF THE PROPERTY IS SO NARROW AND BECAUSE OF WHERE COMMERCIAL DEVELOPMENT IS ONLY GOING TO BE ALONG BERKMAN, IT'S GONNA BE A SMALL AMOUNT OF COMMERCIAL IF IT'S DEVELOPED WITH COMMERCIAL, BUT THE PREDOMINANT, UH, DEVELOPMENT OF THE PROPERTY IS GOING TO BE, UH, MULTIFAMILY. AND, AND AGAIN, WE DON'T HAVE LIKE A REAL UNIT NUMBER, BUT BETWEEN THOSE TWO DIFFERENT ZONING CATEGORIES THAT WE'RE CONSIDERING TONIGHT, CAN YOU TALK A LITTLE BIT ABOUT SORT OF IF THERE'S AN UNDERSTANDING OF HOW MANY UNITS DIFFERENCE MIGHT THERE MIGHT BE? WHAT ARE WE TALKING ABOUT? LIKE WHAT, AND I KNOW THERE'S A CONSIDERATION WITH DWELLING UNITS ACREAGE, AND YOU ALL DON'T HAVE THAT CALCULATED OUT, BUT CAN YOU TALK A LITTLE BIT ABOUT WHAT WOULD BE THE DIFFERENCE? WHAT WOULD WE BE VOTING ON AS COMMISSIONERS? WHAT, I'M SORRY, REPEAT THAT LAST PART. I WAS SAYING, WHAT WOULD WE BE VOTING ON AS COMMISSIONERS AS IT RELATES TO SORT OF THE HOUSING OPPORTUNITIES THAT YOUR CLIENT IS HOPING TO CREATE? WELL, THE HOUSING OPPORTUNITY IS DOUBLE WHAT STAFF'S RECOMMENDATION IS. YOU KNOW, AGAIN, IF YOU LOOK AT JUST THE AVERAGE NUMBER OR YOU'RE LOOKING AT AVERAGE NUMBER OF ONE BEDROOM AND TWO BEDROOM PLUS UNITS BECAUSE OF THE SITE AREA RESTRICTIONS UNDER LR, THE PROPERTY CAN ONLY HAVE 17 OF THOSE UNITS. UNDER GR IT COULD HAVE 34. AND TO ME, YOU KNOW, HERE WE ARE HAVING TO ARGUE SO HARD TO TRY AND GET ANY HOUSING, UH, ESPECIALLY ALONG A NUM, THE, THE FIFTH MOST POPULOUS BUS ROUTE IN AUSTIN. AND, YOU KNOW, PERSONALLY, I'M NOT UNDERSTANDING WHY GETTING HOUSING IS SO DIFFICULT SOMETIMES, BUT IT'S A QUESTION OF DO YOU WANT HALF AS MUCH THAN WHAT COULD BE DONE ON THE PROPERTY? I APPRECIATE THAT. THANK YOU. YOU THANK YOU CHAIR. THAT'S ALL MY QUESTIONS. COMMISSIONER AL, COMMISSIONER MOON STALL. UH, YEAH, QUESTION FOR STAFF, UM, IN UNDERSTANDING THE DIFFERENCE BETWEEN THE GR AND THE LR, THAT WAS NUMBER OF UNITS PER ACRE, IS THAT, DID I UNDERSTAND THAT CORRECTLY? NO STAFF'S RECOMMENDATION, IT HAD TO DO WITH THE, THE HEIGHT AS WELL. SO UNDER GR THEY WOULD BE ABLE TO BUILD UP TO 60 FEET. OF COURSE THERE WOULD BE CONSTRAINTS LIKE COMPATIBILITY, UM, AND WITH THE LR RECOMMENDATION IT WOULD BE 40 FEET OR THREE STORIES. AND SO WAS LIKE, WAS WHAT WAS HIGHLIGHTED. THE TOWN HOMES JUST THERE TO THE NORTH, THAT'S AN SSF SIX. UH, SO THE HEIGHT OF THAT IS ABOUT 35 FEET. SO IT, IT WAS JUST MAKING IT DIFFICULT. YEAH. HAD HAD A, HAD A THOUGHT. UM, WHEN WE, AT SOME POINT DURING THE DISCUSSION, WE WERE TALKING ABOUT HOW MANY UNITS COULD BE PUT ON PER ACRE DEPENDING ON THE ZONING. IS THAT, WAS THAT ASPECT CORRECT? THAT WAS, THAT WAS IN THE APPLICANT'S. IT WAS IN THE APPLICANT'S PRESENTATION. IS, IS THAT CORRECT? THAT, THAT THE KIND OF ZONING WE PUT ON IT ALSO DICTATES THE NUMBER OF UNITS AND NOT JUST THE, UH, THERE'S NOT A, A DWELLING LIMIT. IT'S, IT'S BASED ON THE HEIGHT AND KIND OF THE SETBACKS AND, UH, IMPERVIOUS COVER. OKAY. SO THAT WAS THE, THAT WAS THEIR CALCULATION BASED ON THEIR USABLE AREA THAT THEY WOULD GET DEPENDING ON THE ZONING? CORRECT. OKAY. AND I MEAN, THERE'S OTHER FACTORS LIKE THE SIZE OF EVERY UNIT LIKE THEY WERE GETTING AT TO RIGHT. HOW MANY UNITS WE WOULD FEEL ON SIDE. CORRECT. THANK YOU. THANK YOU FOR THE CLARIFICATION. NO PROBLEM. OKAY, WE HAVE ONE MORE SPOT. LEFT BOARD A MOTION. YES. COMMISSIONER SHAW, JUST GOING BACK, UM, I, I WOULD LIKE TO ASK A QUESTION OF, UH, EX OFFICIO HUNTER. I, I WAS, I WAS JUST A LITTLE CONFUSED. UM, YOU MADE SOME STATEMENTS AND THAT MAYBE THE WORDING THREW ME OFF. SO THIS IS AN AREA OF HEAVY GENTRIFICATION. YOU COMMENTED, UH, AND YOU ALSO USED THE WORD CHOKED. I, I'M TRYING TO, IS ARE WE SEEING TOO, ARE THE SCHOOLS HAVE TOO MANY STUDENTS, BUT WHAT, WHAT'S HAPPENING? NO. OKAY. SO THE WORD CHOKED IS MEANS WE'RE RESTRICTING. OKAY. OKAY. SO THE COMMUNITY IS LIKE THE, THE DEVELOPMENT OF THE TOWN HOMES. THOSE USED TO BE LIKE, UH, LOW INCOME APARTMENTS. AND OF COURSE AT THE END OF EVERYBODY'S LEASE THEY SAY, OH, SORRY, YOU GOTTA GO. THEY REMODEL. AND NOW WHAT USED TO BE $1,200 A MONTH IS NOW $1,800 A MONTH FOR THE SAME SPACE. BUT NOW WE'VE GOT MARBLE AND, AND STAINLESS STEEL. SO THE FAMILIES THAT WENT TO THAT SCHOOL THAT COULD WALK NEXT DOOR NOW HAVE TO MOVE AWAY. OKAY. AND THE MORE WE DO THAT, AND WE'VE ALREADY, LIKE I SAID, IN THE THREE NEW DEVELOPMENTS, IF YOU LOOK AT THE AREA, THE MORE WE CONTINUE TO DO THAT AND DON'T PROVIDE HOUSING FOR WHAT WE CONSIDER MORE THAN TWO BEDROOMS, WHICH I KNOW DECREASES HOW MANY YOU CAN HAVE, DECREASES HOW MANY PEOPLE CAN REMAIN IN [02:35:01] THE NEIGHBORHOOD. SO THEN WHEN IT GOES UP, WE, WE LOSE, THIS IS A TITLE ONE SCHOOL. SO ALL THE AREAS IN THIS AREA ARE TITLE ONE, MEANING, UH, LOW INCOME, HIGH POVERTY, UH, AND LINGUAL, UM, EMERGENT BILINGUALS, HIGH EMERGENT BILINGUALS. OKAY. THANK YOU. I I WAS A LITTLE CONFUSED AND THAT CLARIFIED IT. THANK YOU VERY MUCH. OKAY. WE ARE AT THE END OF OUR QUESTIONS. SO I'M LOOKING FOR, I WOULD LIKE TO MAKE A MOTION TO GRANT THE APPLICANT'S REQUEST SECOND. OKAY. UM, ON, ON BOTH, BOTH FOR 16 AND 17. OKAY. UM, GO AHEAD AND SPEAK TO YOUR MOTION. UM, YEAH, I THINK THAT WE'VE HAD SOME REALLY, UM, IMPORTANT DISCUSSION IN THIS Q AND A AND I WOULD STRONGLY ENCOURAGE THE APPLICANT TO DO EVERYTHING WITHIN THEIR POWER, UM, BEFORE THIS GOES TO COUNCIL, TO WORK WITH THE NEIGHBORHOOD, AND SPECIFICALLY TO TRY TO FIND CREATIVE WAYS TO THINK ABOUT ADDING UNITS WITH A HIGHER NUMBER OF BEDROOMS AND WORKING ON THAT BEDROOM MIX. I KNOW IT'S VERY CHALLENGING. I KNOW THERE'S TRADE-OFFS. I THINK AS A CITY, WE LACK TOOLS TO INCENTIVIZE RES UH, APARTMENTS WITH MORE BEDROOMS. AND WE SHOULD REALLY BE HAVING A SERIOUS CONVERSATION ABOUT HOW WE COULD DEVELOP BONUSES OR INCENTIVES TO MAKE IT EASIER TO SEE UNITS WITH, UM, A, A A, A LARGER NUMBER OF BEDROOMS, UM, BEING DEVELOPED IN THIS AREA. I ALSO WANNA PUSH BACK ON THE, ON THE IDEA THAT THIS DEVELOPMENT, WHICH IS GOING TO BE ON A, WHAT IS CURRENTLY A POT OF GRASS, WOULD IN ANY WAY, UM, SORT OF DISPLACE FAMILIES, RIGHT? THERE ARE NO FAMILIES LIVING ON THE GRASS RIGHT NOW, UM, WHERE THIS DEVELOPMENT WOULD BE BUILT. AND I THINK THAT'S REALLY IMPORTANT. AND I THINK, YOU KNOW, ONE OF THE THINGS WE SEE IS THAT A LOT OF THE SINGLE FAMILY RESIDENCES IN THIS AREA, WHICH I KNOW VERY WELL, UM, ARE, ARE ALSO, UM, THE SINGLE FAMILY RESIDENCES REMAIN. UM, THEY'RE ALSO BEING, UH, REPLACED BY NEW RESIDENTS, UM, WHO COME IN WHO HAVE A HIGHER EARNING POWER LIVING IN NEW, LARGER SINGLE FAMILY UNITS WITH PLENTY OF BEDROOMS. AND YET THEY STILL DON'T SEND THEIR KIDS TO THE SCHOOL DISTRICT, TO THE SCHOOL BECAUSE THEY HAVE THEIR HIGHER EARNERS AND THEY, UM, DON'T USE OUR PUBLIC SCHOOL SYSTEM. SO THE ISSUES AROUND GENTRIFICATION ARE A LITTLE BIT MORE COMPLEX, UM, THAN SIMPLY A MATTER OF ZONING CHANGES. UM, AND I DO THINK THAT WE DO NEED TO HAVE A REALLY SERIOUS CONVERSATION ABOUT HOW WE CAN INCENTIVIZE MORE FAMILY FRIENDLY RESIDENCES THAT ARE DEEPLY AFFORDABLE, UM, AND ALSO EVERY, DOING EVERYTHING WITHIN OUR POWER TO PREVENT THE DISPLACEMENT OF, UM, EXISTING LOW INCOME TENANTS IN THE AREA. UM, AND I THINK THERE'S A LOT MORE THAT WE NEED TO DO. HOWEVER, I THINK THIS SPECIFIC CASE IS, UM, UM, YOU KNOW, IS IS GONNA BE A GOOD CASE AND IT SHOULD MOVE FORWARD. COMMISSIONER COX, DO YOU SPEAK AGAINST, I'D LIKE TO OFFER AN AMENDMENT OR A SUBSTITUTE MOTION, UM, WHICHEVER ONE IT IS. UM, WHAT I'D LIKE TO OFFER UP IS, UH, GRANTING THE APPLICANT'S REQUEST, UM, FOR BOTH THE, UH, WHAT'S IT CALLED FOR BOTH THE NEIGHBORHOOD PLAN AMENDMENT AND THE ZONING, UH, WITH THE COO, THAT, UH, HEIGHT IS CAPPED AT 45 FEET AND THAT COMMERCIAL USES ARE PROHIBITED WITHIN 100 FOOT OF THE EAST PROPERTY LINE. AND I CAN REPEAT THAT IF I NEED TO. OKAY. UM, AND THAT WE'RE GONNA CALL THAT A SUBSTITUTE MOTION, SO LET'S GET A SECOND ON THAT. I'M NOT SEEING A SECOND. SORRY, COMMISSIONER COX. OKAY. WE'LL GO BACK TO, UM, SOMEONE SPEAKING AGAINST THE MOTION. COMMISSIONER PHILLIPS. UM, I HAVE A CLARIFYING QUESTION BECAUSE, UH, THE QUESTION IS RAISED BY BOTH, UH, COMMISSIONER HUNTER'S REMARKS AND BY COMMISSIONER CONLEY'S REMARKS ABOUT, ABOUT, UM, ONE AND TWO BEDROOM UNITS, BECAUSE THAT IS IN FACT, UH, I, I WOULD AGREE WITH, UH, CANDACE HUNTER, THE TRUSTEE FOR A ISD. IT IS, UM, THE GENTRIFICATION, EVEN THOUGH THERE AREN'T ANY FAMILIES LIVING ON THE GRASS, IT'S STILL CONTINUES TO RAISE THE RENT IN THE AREA AND THAT DRIVES OUT LOWER INCOME FAMILIES. SO THERE IS A CAUSATION AND RELATIONSHIP BETWEEN THOSE FACTORS IN TERMS OF BUILDING MORE ONE AND TWO BEDROOM UNITS. BUT MY CLARIFYING QUESTION, BECAUSE YOU RAISED, WE NEED TO HAVE A SERIOUS, UM, [02:40:01] UH, TALK ABOUT INCENTIVIZING THAT I, I THOUGHT THE CITY HAD INCENTIVES, UH, DENSITY BONUSES THAT WOULD, THAT, THAT GO TO BUILDING UNITS FOR FAMILIES. I MEAN, IS IS THAT CORRECT OR NOT CORRECT, OR IS IT JUST FOR AFFORDABLE UNITS? I, I, I JUST WOULD LIKE TO ASK ABOUT THAT. IS, IS THAT SOMETHING THAT THE CITY HAS A TOOL ALREADY STAFF TO ANSWER THAT WHOEVER CAN ANSWER YES. YEAH, , SO THIS, THIS PROPERTY WOULDN'T BE ACCESSING A DENSITY BONUS, BUT UNDER CERTAIN DENSITY BONUSES, THE UNIT MIX HAS TO MATCH, UH, THE AFFORDABLE UNITS IN TERMS OF THE UNIT MIX WITH THE MARKET RATE UNITS. UM, SO IN THIS PARTICULAR CASE, THERE'S NO WAY TO IMPOSE ANY, UH, BEDROOM MIX ON A, ON A DEVELOPER. CAN I? YES. UH, COMMISSIONER, I'LL, I'LL JUST MENTION, UM, AND MR. TOMKO ALREADY MENTIONED THIS, UH, COMMISSIONER, SO WE CALL THIS A PROPORTIONAL BEDROOM COUNT REQUIREMENT. WE HAD ADDED IT DURING THE LDC REVISION, WE ADDED IT TO THE VME REQUIREMENTS AS WELL. BUT IT'S ALL BEEN CHANGED. SO THIS IS SOMETHING STAFF IS CONSIDERING, WHICH WOULD ESSENTIALLY SAY WE WOULD HAVE A PROPORTIONAL NUMBER OF BEDROOMS FOR THE AFFORDABLE UNITS AS TO THE MARKETED UNITS, WHATEVER IT IS. BUT THERE'S ESSENTIALLY, WE CAN TALK ABOUT IT OFFLINE AS WELL. CHAIR. MM-HMM, . OKAY. UM, ANYBODY SPEAKING AGAINST THE MOTION OR FOR, FOR MR. ANDERSON? THANK YOU, CHAIR. I DEFINITELY LIKE THE SHOUT OUT FOR THE 10 ROUTE. I TOOK IT HERE. I'LL BE TAKING IT TO GET HOME TODAY. UM, NOT QUITE STAFF'S WORDS, BUT IT FEELS A LITTLE BIT TROUBLING TO ALMOST HEAR THINGS LIKE, YOU KNOW, YOU CAN LIVE ON A GIANT CAR SEWER, BUT YOU CAN'T LIVE ON A QUAINT ROAD. I KNOW THOSE WEREN'T THE EXACT WORDS, BUT IT JUST KIND OF FEELS THAT WAY SOMETIMES WHEN WE TALK ABOUT WHAT WILL ALLOW TO BE BUILT AND WHERE AND WHY. UM, IN THIS ROOM A FEW HOURS AGO, THE CITY DEMOGRAPHER WAS SHARING WITH CITY COUNCIL THAT OVER THE PAST TWO YEARS, 9% OF AUSTIN'S GROWTH OCCURRED WITHIN AUSTIN. 91% OF THE HOUSING UNITS ADDED TO THIS MARKET IN THE LAST TWO YEARS WERE OUTSIDE OF THE CITY OF AUSTIN. AND THAT IS THE MOST PATHETIC THING EVER. AND PEOPLE WANT TO BE HERE. ARE WE GONNA BUILD HOMES FOR THEM OR ARE WE GOING TO ENCOURAGE DISPLACEMENT BY HAVING THEM BUY OUT THE EXISTING HOMES? LIKE IT JUST SEEMS TO ME THAT WE CAN REALLY MOVE PAST THIS. I KNOW THIS ZONING CASE, I KNOW THE LEGAL THING THAT JUST CAME DOWN THE PIKE THIS WEEK WAS ALSO VERY TROUBLING. AND, AND I'M PROBABLY PRETTY UPSET BY THAT. I HOPE WE ALL ARE. BUT WE, UH, WE, WE KEEP SAYING WE NEED ZONING TOOLS AND WE NEED A NEW CODE, AND, AND THEN WE'RE TURNING DOWN. WE CAN'T TURN DOWN HOUSING CASES. LIKE THIS IS JUST A NO-BRAINER AND WE NEED TO PASS AS MANY OF THESE AS POSSIBLE. SO EXCITED TO SUPPORT THIS. ALL RIGHT. COMMISSIONER SPEAKING AGAINST COMMISSIONER COX . YEAH, I WAS HOPING TO FIND A LITTLE BIT OF A BALANCE BETWEEN THE PLANNING PRINCIPLES THAT STAFF WAS OFFERING US, UM, AND, AND WHAT THE APPLICANT WANTS TO DO. UM, MY BIGGEST ISSUE IS, IS JUST THE COMMERCIAL. UH, IF YOU LOOK AT THIS SITE, YOU KNOW, ON AN AERIAL, IT, IT JUST DOESN'T SEEM APPROPRIATE TO HAVE COMMERCIAL UP AGAINST HICKMAN. AND I KNOW THE APPLICANT IS TELLING US THAT THE COMMERCIAL COMPONENT OF THIS IS GOING TO BE ALONG BERKMAN, BUT THERE'S NOTHING PREVENTING THEM OR A FUTURE DEVELOPER FROM COMING IN AND, AND, AND DOING COMMERCIAL ON, ON HICKMAN AVENUE. UM, AND THEN I THINK COMPATIBILITY IS GONNA RESTRICT HEIGHT FOR MOST OF THIS SITE, BUT I JUST FEEL LIKE IT SHOULD BE, UM, A BIT MORE CONSISTENT WITH THE CONTEXT OF, OF, OF THE SURROUNDING DEVELOPMENT, THE SURROUNDING NEIGHBORHOODS. SO WITH THAT, I'M PROBABLY JUST GONNA ABSTAIN 'CAUSE I WAS HOPING WE COULD ACTUALLY FIND A, A A, A BETTER, UH, MIDDLE GROUND ON THIS CASE. THANK YOU. UM, ANYBODY SPEAKING FOR OR AGAINST, LET'S GO AHEAD AND TAKE A VOTE. OH, COMMISSIONER HAYNES HAYNES . I'LL TRY ONE MORE TIME 'CAUSE I'M A LITTLE BIT, UH, NOT, I'M SWAYED BY COMMISSIONER COX. UM, HOW ABOUT, UH, CAN I DO A, I WOULD LIKE TO DO A SUBSTITUTE MOTION. SURE. UM, LIMIT, UH, UH, PRETTY CLOSE TO THE COX MOTION EXCEPT FOR, UH, DON'T, I, I DON'T WANNA LIMIT THE HEIGHT, BUT I DO WANNA LIMIT THE COMMERCIAL. UM, YEAH, HE DID A HUNDRED FEET. I, I'LL DO 50, UH, JUST TO PUSH BACK THE COMMERCIAL FROM THE, UH, FROM THE NEIGHBORHOOD, BUT, BUT GIVE THE, THE HEIGHT THAT THE, UM, THAT THE APPLICANT'S SEEKING AND THEN TRY TO GIVE [02:45:01] A LITTLE BIT OF THE DISCRETION THAT THE STAFF IS SEEKING. SO THAT'S MY MOTION TO, UH, KEEP THE HEIGHT AT, UM, I, I, I GUESS IT'S 60 FEET, BUT THEN LIMIT THE COMMERCIAL 50 FEET FROM THE HICKMAN SIDE OF THE STREET. I THINK THAT'S EAST, I THINK IS WHAT COMMISSIONER COX TOLD ME. SO COMMISSIONER M TAYLOR IS A SECOND. OKAY. DO YOU WANNA SPEAK TO YOUR SUBSTITUTE COMMISSIONER? HAY? I'M SO SORRY. CAN I ASK FOR A CLARIFYING EITHER COMMISSIONER COX, COULD YOU RESTATE YOUR MOTION OR COMMISSIONER HAYNES, COULD YOU CLARIFY? I JUST WANNA MAKE SURE THAT I'M UNDERSTANDING THE MOTION CORRECTLY. UH, IT WOULD BE TO GO WITH THE, UH, APPLICANT'S, UM, PROPOSAL, EXCEPT PUT A CO ON THERE THAT LIMITS, UH, THE DEVELOPMENT OF COMMERCIAL, UH, WITHIN 50 FEET OF THE, UH, HICKMAN OR THE EASTERN BOUNDARY. AND SO, JUST SO I UNDERSTAND CORRECTLY, YOU WERE SAYING WITHIN THE 50 FEET, NOT OUTSIDE OF IT. CORRECT. UM, I THINK, I THINK THE INTENT IS HOWEVER YOU WANNA, SO YEAH, 49 0 TO 49, YOU CAN'T DO COMMERCIAL 51 ALL THE WAY OVER TO BERGMAN. YOU CAN DO COMMERCIAL. I APPRECIATE THAT. THANK YOU SO MUCH. OKAY. UM, COMMISSIONER HAYNES, DO YOU WANNA SPEAK TO THAT? THAT'S NOW, THAT'S, UM, TRY, I'M, I'M SEEKING THE BALANCE HERE. OKAY. UM, ANYBODY SPEAKING AGAINST THE MOTION, I WOULD LIKE, YES. COMMISSIONER CONNOLLY. UM, SO WE DID HEAR, UH, I THINK A VERY GENUINE PROBLEM WAS RAISED HERE, UH, TONIGHT. UM, WHICH IS THE ISSUE OF, UH, MORE FAMILY FRIENDLY RESIDENCES WITH A LARGER NUMBER OF BEDROOMS NEAR THE SCHOOL DISTRICT BEING A GENUINE PROBLEM. UM, BUT THESE OTHER SOLUTIONS, RESTRICTING HEIGHT, RESTRICTING COMMERCIAL, THEY'RE SOLUTIONS TO, UH, THEY'RE FIXING A PROBLEM THAT ISN'T THE ISSUE. IN FACT, THEY MAKE IT HARDER AND LESS LIKELY THAT WE WILL EVER BE ABLE TO GET A VARIED BEDROOM MIX, YOU KNOW, UNITS WITH A HIGHER NUMBER OF BEDROOMS ON THIS SITE BECAUSE THE MORE WE RESTRICT AND CONTAIN AND BOX IN WHAT THEY'RE ALLOWED TO DO, THE LESS FLEXIBILITY THEY HAVE PRECISELY TO FIND THE SPACE TO ADD THOSE CREATIVE USES AND, YOU KNOW, ADD THE EXTRA BEDROOMS ON A FEW OF THE UNITS AND DO THAT, UM, KIND OF CREATIVE THINKING THAT WE'RE ASKING THE APPLICANTS TO DO. SO IT'S, IT'S KIND OF, WE HEARD A VERY GENUINE PROBLEM AND THEN WE'RE SOLVING THE PROBLEM BY, WE'RE SOLVING SOME OTHER PROBLEM THAT SEEMS TO BE AN IMAGINARY PROBLEM. THERE'S PLENTY OF COMMERCIAL ALL AROUND THIS AREA IN WALKING DISTANCE ALREADY. THE COMMERCIAL ENHANCES LIFE FOR ALL OF THE RESIDENTS IN THE AREA. COMMERCIAL ISN'T SOMETHING THAT WE SHOULD BE TRYING TO RESTRICT OR LIMIT. IT, IT, IT MAKES THE NEIGHBORHOOD FRIENDLIER MORE WALKABLE AND MORE ACCESSIBLE TO FOLKS. AND SO I, YEAH, I, I THINK WE'RE SOLVING A PROBLEM THAT ISN'T THE ACTUAL PROBLEM. UM, AND IN FACT WE'RE TYING THE APPLICANT'S HANDS WHEN IT COMES TO FINDING CREATIVE WAYS TO SOLVE THE GENUINE NEED FOR, YOU KNOW, UNITS WITH MORE BEDROOMS. OKAY. COMMISSIONER COX, I'LL SPEAK IN FAVOR SINCE THIS IS, UH, PARTIALLY WHAT I HAD I HAD OFFERED BEFORE. SO JUST TO CLARIFY THAT THE HEIGHT RESTRICTION THAT I HAD OFFERED BEFORE IS NOT IN THIS MOTION. UH, AND I CERTAINLY UNDERSTAND WHY PEOPLE WOULD BE HESITANT TO DO THAT, BUT I, I THINK IT'S ENTIRELY APPROPRIATE, ENTIRELY APPROPRIATE TO MAKE SURE THAT WE ACHIEVE COMMERCIAL, WHATEVER THAT ENDS UP BEING ON THE MORE COMMERCIALLY INCLINED ROADWAY RATHER THAN A ROADWAY THAT, UH, BASED ON WHAT I'M LOOKING AT IS, IS ALMOST ENTIRELY SINGLE FAMILY HOMES. UM, IF SOMEONE JUST RANDOMLY CAME WITH, WITH A SINGLE FAMILY HOME LOT AND WANTED TO GET ZONING TO PUT A RESTAURANT, YOU KNOW, I'M PRETTY SURE WE'D PROBABLY HAVE AN ISSUE WITH THAT. AND IF YOU LOOK AT THE AERIAL, THERE'S ACTUALLY QUITE A BIT OF RESIDENTIAL WITHIN THAT 50 TO A HUNDRED FOOT CORRIDOR ALONG HICKMAN THAT SEEMS TO BE A BIT OF A BUFFER TO THINGS LIKE THE FIRE STATION AND THE HIGHER DENSITY DEVELOPMENT THAT'S ON BERKMAN. SO I THINK THIS INTENDS TO, UH, NOT ONLY GIVE THE APPLICANT WHAT THEY'RE ASKING FOR, 'CAUSE THE APPLICANT ALREADY SAID THAT THE COMMERCIAL WILL FACE BERKMAN, BUT ALSO TRY TO ADDRESS SOME OF THE STAFF CONCERNS, WHICH WAS HAVING THIS LEVEL OF COMMERCIAL ON, ON A STREET THAT REALLY PROBABLY SHOULDN'T HAVE IT. SO THAT'S WHY, UM, THAT'S WHY I'D SUPPORT THIS AMENDMENT OR THIS SUBSTITUTE MOTION. OKAY. UM, COMMISSIONER MICAL, I SAW YOU, LET ME SEE IF THERE'S ANYBODY SPEAKING AGAINST, UM, OKAY. UM, YOU WANNA SPEAK COMMISSIONER MUTAL? YEAH, I WANTED TO SAY THAT, UM, YEAH, WE, UH, THE HEIGHT RESTRICTIONS OFF, UH, IT IS THE MORE INTENSE ZONING THAT THE APPLICANT IS REQUESTING. I WAS TAKING INTO [02:50:01] CONSIDERATION WHAT MS. HUNTER WAS SAYING WITH THE SCHOOLS IN THE AREA. AND SO MY THOUGHT IN SUPPORTING THIS IDEA IS THAT THE SAFER SCHOOL PATH IS GOING TO BE THE LESS BUSY ROADWAYS THAT WOULD BE THE WAY A ISD AND LANDIS, YOU KNOW, OUR SCHOOL DISTRICTS ARE MAPPING, MAPPING OUT THOSE SAFE WALKWAYS FOR THE KIDS. SO I WAS KIND OF THINKING OF IT FROM THAT PERSPECTIVE THAT IF WE'RE HOPING TO GET THAT FAMILY HOUSING IN THAT AREA, THEN I WANT TO KEEP IT A PROTECTED PATHWAY, UM, FOR THE KID. THAT WAS MY THOUGHT. THANK YOU. THANK YOU. UH, LAST SPOT. SPEAKING AGAINST, I SPEAK AGAINST YES, COMMISSIONER ANDERSON. I JUST CAN'T SUPPORT MORE COS AND I, I TOTALLY APPRECIATE MR. CONNOLLY'S WORDS. UM, YOU KNOW, THE VIBRANCY ADDED WITH COMMERCIAL USE IS WHERE IT MAKES SENSE IS, IS TERRIFIC. AND, YOU KNOW, JUST HAVING ONE TYPE OF USE IN AN AREA, ACTUALLY IN MY EXPERIENCE, DOESN'T MAKE IT SAFER. AND SO, YOU KNOW, I'M EXCITED TO SEE THIS GET BUILT OUT WITHOUT MORE COS IN THE CITY. ALL RIGHT, LET'S GO AHEAD AND TAKE A VOTE. THIS IS FOR THE SUBSTITUTE MOTION BY COMMISSIONER HAYNES, SECOND BY COMMISSIONER STELLER FOR THE APPLICANT. APPLICANT REQUEST ON THE MPA IN ZONING, UM, EXCEPT TO LIMIT COMMERCIAL, UH, PROHIBITING IT WITHIN 50 FEET FROM HICKMAN DRIVE. UM, SO ALL OF THOSE IN FAVOR OF THE SUBSTITUTE ON THE DAAS ONE, TWO, AND THOSE IN FAVOR ONLINE, I SEE THREE THOSE AGAINST ON THE DAAS, 4, 5, 6, THOSE AGAINST VIRTUALLY. OH, WE GOT EVERYBODY. OKAY, SO THAT, UM, IS FIVE TO SIX. THAT DOES NOT PASS. SO WE GO BACK TO THE ORIGINAL MOTION. UM, IF WE NEED IT, WE ADD A COUPLE MORE SPOTS TO SPEAK FOR OR AGAINST THE MOTION OR WE CAN JUST GO AHEAD AND TAKE A VOTE. ALRIGHT, LET'S VOTE. THIS IS FOR, UH, THE MOTION MADE BY COMMISSIONER CONNOLLY, SECONDED BY COMMISSIONER ANDERSON FOR THE APPLICANT'S REQUEST ON BOTH 16 AND 17, WHICH IS THE MPA AND THE REZONING. UM, LET'S SEE. ALL OF THOSE IN FAVOR ON THE DIETS. 3, 4, 5, 6, 7. THOSE IN FAVOR VIRTUALLY. OKAY. UM, LET'S SEE, AGAINST ON THE DAAS. OKAY. AND AGAINST VIRTUALLY GOT ONE, TWO, AND THEN WE'VE GOT ONE ABSTAINING. OKAY. SO THAT PASSES EIGHT TWO TO ONE. ALL RIGHT. I THINK THAT WAS THE SAME VOTE AS THE LAST, THE LAST ITEM. THANK YOU EVERYONE. SO IS THAT CLEAR, MR. THROWER? 7 3 1 7 2 1. THERE WAS AN ABSTENTION 7 2 1 7 3 1. THANK YOU FOR CHECKING MY MATH. THIS STILL PASSES. THANK YOU. THANK YOU EVERYBODY. UM, WE ARE AT THE END OF OUR PUBLIC HEARINGS, SO WE ARE GOING TO GO TO ITEM [26. Discussion and possible action to establish a working group tasked with evaluating City of Austin public buildings and related facilities and provide recommendations to be considered by the Planning Commission. (Sponsors Commissioner Azhar and Commissioner Connolly)] 26. UM, THIS IS THE DISCUSSION AND POSSIBLE ACTION TO ESTABLISH A WORKING GROUP TASKED WITH EVALUATING THE CITY OF AUSTIN PUBLIC BUILDINGS AND RELATED FACILITIES, AND TO PROVIDE RECOMMENDATIONS TO BE CONSIDERED BY THE PLANNING COMMISSION. SO, UH, COMMISSIONER AZAR, COMMISSIONER CONNOLLY, DID YOU WANNA SPEAK TO THIS? SURE. THANK YOU, CHAIR. I APPRECIATE THAT. UH, SO I JUST WANTED TO BRING THIS UP AS, AS OUR, UM, WORKING GROUP WAS PREVIOUSLY LOOKING AT, UM, THE, OUR COMPREHENSIVE PLAN AND SOME OF THE ELEMENTS OF IT AND TRYING TO SEE HOW DO WE ACHIEVE SOME OF OUR DIFFERENT GOALS, UM, AROUND CLIMATE EQUITY, AROUND OUR AFFORDABILITY GOALS, AROUND LOOKING AT DIFFERENT THINGS, RIGHT? A SMP, SOME OF THE CONVERSATION THAT WE HAD WAS THAT WE REALLY WANTED THE CITY TO LEAD ON SOME OF THESE CONVERSATIONS AS WE PROCEEDED. AND AT THE SAME TIME, WE WERE ALSO LOOKING AT HOW WE COULD UTILIZE SOME OF THE WORK AROUND OUR FACILITIES TO ACHIEVE SOME OF THE SIMILAR GOALS, WHETHER THEY BE RELATED TO, YOU KNOW, TELEWORK OR WHETHER YOU'RE LOOKING AT OUR GREENHOUSE GAS EMISSIONS OR THOSE OTHER THINGS. AND SO SINCE THAT CONVERSATION CAME UP, IT MADE SENSE FOR US TO SORT OF CREATE A WORKING GROUP TO CONTINUE THAT CONVERSATION AND SEE IF FOLKS HAVE, [02:55:01] UM, RECOMMENDATIONS TO BRING FORTH TO THIS, UH, PLANNING COMMISSION. OF COURSE, IT MIGHT BE THAT THE WORKING GROUP COMES BACK WITH NO RECOMMENDATION AT ALL, AND THAT'S OKAY AS WELL. BUT WE WANTED TO CREATE A SPACE FOR, UM, THAT CONVERSATION. I ALSO WANNA MENTION, AT THE SAME TIME AS WE WERE STARTING THIS PIECE, I THINK WE'VE HEARD FROM OTHER PEOPLE THAT THERE'S OTHER ELEMENTS THAT THEY WOULD LIKE TO LOOK AT AS IT RELATES TO OUR FACILITIES, WHETHER IT'S LOOKING AT SOME FOUR PART FACILITIES AND SO ON. SO ESSENTIALLY THIS IS CREATING A SPACE TO HAVE SOME OF THAT CONVERSATION, UM, AND PARTICULARLY ALLOW US TO FOLLOW THROUGH ON SOME OF THOSE, UM, CONVERSATIONS WE WERE HAVING AROUND THE CLIMATE EQUITY PLAN AND A SMP. I DON'T KNOW IF COMMISSIONER CONLEY, YOU WOULD LIKE TO ADD SOMETHING TO IT? I THINK THAT WAS VERY CLEAR. I JUST WANTED TO UNDERSCORE THE POINT THAT, YOU KNOW, WE HAVE A NUMBER OF CITY GOALS AND PLANS IN PLACE AND I THINK, YOU KNOW, THIS CAME UP WHEN WE WERE LOOKING AT THE TELEWORK ISSUE, JUST HOW DOES THE CITY REALLY LEAD, UM, WITH ITS OWN DEVELOPMENTS AND WITH ITS OWN, UM, WITH THE LAND THAT THE CITY DOES OWN? HOW DOES THE CITY LEAD IN REACHING THESE GOALS? RIGHT? UM, SO, YOU KNOW, WE PUT A LOT OF GOALS ON PAPER THAT WE WANT, WE WANNA SEE OTHER PEOPLE FULFILL, BUT YOU KNOW, WE SHOULD SET THE TONE. SO THE QUESTION IS REALLY JUST KIND OF LOOKING AND LISTENING, UM, TO FOLKS THAT MIGHT HAVE INPUT OR SUGGESTIONS AND IDEAS AND, YOU KNOW, SEEING WHAT WE CAN COME UP WITH. AND IF NOTHING, UM, THEN, YOU KNOW, TO EVA'S POINT, UM, THEN NOTHING. BUT IT SEEMS LIKE THERE MIGHT BE SOME FRUITFUL CONVERSATION THAT COULD COME OUT OF THAT. COMMISSIONER COX. CAN, CAN Y'ALL KIND OF HELP ME UNDERSTAND, I'M, I'M STUCK ON PUBLIC BUILDINGS AND RELATED FACILITIES. UM, CAN, CAN Y'ALL KIND OF GIMME AN EXAMPLE OF, OF A PARTICULAR ISSUE OR TOPIC OR RECOMMENDATION THAT THIS WORKING GROUP MAY EVALUATE OR DISCUSS OR COME BACK WITH? SO COMMISSIONER COX, I DO HAVE TO SAY IS SORT OF AS THE WAY WE'RE CREATING THE WORKING GROUP, IT'S BROAD ENOUGH FOR THE WORKING GROUP TO DEFINE ITS OWN SCOPES. I WOULDN'T WANNA SPEAK TO THAT, BUT FOR EXAMPLE, YOU KNOW, WE HAD THE DOHERTY ART CENTER COMING THROUGH. I THINK THAT'S A CONVERSATION THAT COULD GO HERE IF YOU WANTED TO LOOK AT HOW TELEWORK WILL IMPACT THE PERMITTING AND DEVELOPMENT CENTER, THAT'S A CONVERSATION THAT CAN HAPPEN HERE. UM, WE, YOU KNOW, JUST HAD A CONVERSATION AROUND LOOKING AT THE, UM, OLD STRUCTURE OF THE, UM, PARDON SPRINGS POOL. I FORGET THE, ESSENTIALLY THE POOL HOUSE. SO ALL OF THOSE CONVERSATIONS COULD BE A PART OF THAT, THAT COULD BE LOOKING AT EXISTING OR OTHER SORT OF FACILITIES AND SEEING ARE THERE OPPORTUNITIES FOR US TO BE MEETING SOME OF OUR OTHER GOALS IN ADVANCING, UM, ELEMENTS FROM OUR COMPREHENSIVE PLAN AS PART OF THIS CONVERSATION. SO REALLY, I, I WOULD ALMOST LEAVE IT TO THE WORKING GROUP, DEFINE ITS OWN SCOPE, BUT WE'RE LEAVING IT IN A WAY THAT IT DOES ALLOW FOR A SIGNIFICANT AMOUNT OF CONVERSATION IF THAT IS THE WHEEL OF THE BODY. SO I'M, I'M CURIOUS, ONE, ONE MORE QUESTION, AND, AND I DON'T WANT THIS TO COME OFF THE WRONG WAY. I'M GENERALLY CURIOUS, AND MAYBE ANDREW CAN HELP US WITH THIS, BUT, UH, I, I'M A HUGE FAN OF TELEWORK AND ALL OF THAT SORT OF STUFF, SO I WAS GLAD TO PARTICIPATE IN THE TELEWORK WORKING GROUP AND, AND THE RECOMMENDATIONS THAT WE PRODUCED ON THAT. BUT I'M KIND OF CURIOUS, LIKE, I GOT SOME FEEDBACK EXTERNALLY THAT THAT WAS KIND OF SEEN AS A BIT OF A PUSH FOR THE PURVIEW OF THE PLANNING COMMISSION TO MAKE FEEDBACK, UH, ON LIKE HR POLICIES. AND SO I'M, I'M A LITTLE CURIOUS IF ANYONE KNOWS ON THE DAIS OR, OR IF STAFF KNOWS KIND OF WHAT OUR LIMITS ARE IN TERMS OF, OF ACTUALLY PRODUCING RECOMMENDATIONS AND CREATING THESE WORKING GROUPS. MR. VERA, GO AHEAD. THEN I CAN JUMP IN THIS ONE CHAIR. COMMISSIONER LEE ON VER. SO, UM, THE VERBIAGE OF, UM, FACILITIES, UH, IN CITY OF AUSTIN PUBLIC BUILDINGS, THAT'S ACTUALLY A, BASICALLY A VERBATIM COPY FROM THE, UM, CHARTER THAT, UH, CHARGES THE, UM, PLANNING COMMISSION AS ONE OF ITS TASK. UM, COMMISSIONER COX, TO YOUR QUESTION, I THINK, AGAIN, I THINK WE WOULD ONLY BE VERY MUCH WITHIN THE SCOPE OF EITHER OUR COMPREHENSIVE PLAN OR ZONING CASES. LIKE A GOOD EXAMPLE IS, YOU KNOW, WE HAD THE ONIS POOL THAT'S A CITY FACILITY WAS ON OUR ZONING CASE TODAY. UM, WE JUST WENT THROUGH DORTY ART CENTER. THERE'S A NUMBER OF DIFFERENT SORT OF ZONING ELEMENTS THAT COME WHAT THOSE CITY FACILITIES. OF COURSE, THAT THAT'S ONE PIECE OF CONVERSATION, OUR COMPREHENSIVE PLAN OR OUR, UH, CIP OR TWO OTHER THINGS THAT WOULD BE WITHIN THE DOMAIN OF THE PLANNING COMMISSION. THAT IS MY UNDERSTANDING OF COURSE. AND WE CAN CONSULT WITH STAFF, UM, AS WE MOVE FORWARD TO SEE IF THERE'S, UM, SOME OTHER CONSIDERATION WE NEED TO TAKE INTO ACCOUNT. AND YEAH, I JUST WANNA ADD ONE THING. I THINK THAT, WHAT'S THAT ISSUE? YOU KNOW, UM, I DON'T KNOW, YOU KNOW, ABOUT THESE EXTERNAL COMMENTS, BUT WHAT'S AN ISSUE SEEMS TO BE PRECISELY THE OPPOSITE. UM, UH, NOT THE PLANNING COMMISSION EXTENDING, [03:00:01] IT'S, IT'S, IT'S, IT'S, UH, UM, PURVIEW OR RANGE OF INFLUENCE, BUT ACTUALLY THE PLANNING COMMISSION HAVING THE PURVIEW AND RANGE OF INFLUENCE THAT HAS BEEN OUTLINED FOR IN THE CHARTER RESTRICTED OR, UM, CONSTRAINED. SO THIS IS ACTUALLY ABOUT US FULFILLING ROLES THAT ARE CLEARLY OUTLINED FOR US IN THE CHARTER ALREADY. ARE THERE QUESTIONS OR, UH, COMMENTS FOR THE, THE, UM, COMMISSIONER CONLEY AND AZAR? UM, WELL, IF THIS WORKING GROUP WERE TO FORM, I GUESS THIS WOULD BE A MOTION TO FORM THE WORKING GROUP, THEN WE WOULD DECIDE ON, UM, JIM MIGHT BE CLEANER JUST TO ASK UP AHEAD BEFORE A MOTION IF WHO WANTS TO BE PART OF IT SO WE CAN MAKE A SINGULAR MOTION CREATING THE GROUP AND APPOINTING PEOPLE TO IT. OKAY. OKAY. THAT'S FINE BY FOLKS. THAT WOULD JUST MAKE IT EASIER. SURE. UM, SO GIVEN THE, THE CONVERSATION, UM, IS THERE INTEREST FROM ANYONE? WE'RE LOOKING FOR FIVE TO SIX MEMBERS ON THE WORKING GROUP. UM, SOUNDS LIKE THAT WOULD BE COMMISSIONERS. CONNOLLY AND AZAR IS THE TWO A TWO. I WAS INTERESTED IN THIS ONE, SO I'LL PUT MY NAME IN THE HAT. UM, AND WITH THAT, WE WOULD BE ABLE TO GO UP TO SIX BECAUSE THE CHAIR IS ON THE WORKING GROUP. OTHERS COMMISSIONER MAXWELL . UM, AND IF OTHERS DECIDE TO JOIN IN THE FUTURE, MICROPHONE . AND IF OTHERS DECIDE IF, IF OTHERS DECIDED TO JOIN IN THE FUTURE, THAT THERE WOULD BE NO ISSUE ADDING WITHIN THE LIMITS, RIGHT? NO. OKAY. SO THEN I THINK WE ARE GOOD. NO, THERE WOULD NOT. AND THIS POINT WE HAVE FOUR PEOPLE, SO WE WOULD HAVE AN OPENING FOR TWO MORE PEOPLE EITHER TODAY OR AT A LATER DATE. MR. RIVERA CHAIR COMMISSION LAYS ON ANN VERA. SO IF I'M HEARING CORRECTLY, YOU WOULD LIKE THAT TO BE A STANDING ITEM ON THE AGENDA. SO IN THE CASE THAT SOMEONE WANTS TO JOIN THE, UM, WORKING GROUP, THEY COULD DO SO. YES. AND MR. RIVERA, WHEN WE GET TO THE FUTURE AGENDA ITEMS, I'LL MAKE SURE THAT WE REQUEST IT. PERFECT. THANK YOU. OKAY. WELL JUST KNOW THAT THERE'S A STANDING INVITATION FOR ANYBODY ELSE THAT MIGHT WANT TO JOIN . UM, I HAD SO MUCH FUN, BUT , UM, IF THERE IS A MOTION, UM, TO GO AHEAD AND TIE THIS UP, COMMISSIONER CONNOLLY MOTION SECONDED BY COMMISSIONER WOODS. UM, SO THAT MOTION IS TO FORM THE WORKING GROUP AS OUTLINED IN OUR AGENDA TONIGHT, UM, WITH THE MEMBERS COMMISSIONERS, AZAR, CONNOLLY, MAXWELL, AND HEMPLE, UM, WITH UP TO TWO SPACES, UM, OPENING FOR OTHERS. DOES THAT MAKE SENSE? CLEAR. ALL RIGHT. ALL OF THOSE IN FAVOR ON THE DAAS FOR THAT 1, 2, 3, 3, 4, 5, 6, 7, 8, UM, AND THOSE VIRTUALLY. OKAY. WE'VE GOT, UM, ALL RIGHT, THAT IS 10 0 1 WITH COMMISSIONER MUSHA ABSTAINING. ALL RIGHT. UM, LET'S [FUTURE AGENDA ITEMS] MOVE ON TO FUTURE AGENDA ITEMS. COMMISSIONER ZA CHAIR WOULD LIKE TO REQUEST TWO ITEMS. ONE IS, UM, THE APPOINTMENT OF, UH, COMMISSIONERS TO THE, WE'LL HAVE TO FIGURE OUT A NAME FOR THE WORKING GROUP, BUT ESSENTIALLY OUR BUILDING PUBLIC BUILDINGS AND FACILITIES WORKING GROUP, UM, THAT WOULD BE PLACED ON OUR FUTURE AGENDA. AND THEN ALSO I WOULD LIKE TO REQUEST, UM, THE ELECTION FOR OUR PARLIAMENTARIAN AS A HOLDOVER AT OUR JANUARY 9TH MEETING. I BELIEVE THAT IS THE FIRST MEETING IN JANUARY. YES. THANK YOU. OKAY. UM, COMMISSIONER COX, UH, ONE QUESTION. I MISSED THE FIRST 10 MINUTES OF THE MEETING, SO WE MAY HAVE CODE THIS, ARE WE NOT DOING ITEM 27? UH, THAT WAS ON, UM, IT WAS PUT ON CONSENT. OH, OKAY. UH, SECOND QUESTION. UM, I WONDER IF THERE'S ANY INTEREST? UH, I, I HAVE NOT BEEN DILIGENTLY KEEPING UP WITH ALL OF THE LEGAL WRANGLING, AND SO I KEEP HEARING THAT, YOU KNOW, THIS HAS BEEN CUT DOWN BY THE COURTS. THIS HASN'T, THIS IS COMING BACK, YADA, YADA. I'M WONDERING IF ANYONE WOULD BE INTERESTED IN TRYING TO GET SOME SORT OF STAFF BRIEFING ON JUST AN UPDATE OF WHAT IS LEGAL, WHAT WE CAN USE YEAH. UH, FOR OUR DECISION MAKING. I WOULD BE MORE THAN HAPPY TO BE YOUR SECOND ON THAT. THAT'S SOMETHING THAT I HAD REQUESTED, UM, A FEW MONTHS AGO BECAUSE SINCE I'M IN, UH, AN A ICP [03:05:01] PLANNER, UM, I WENT TO A BRIEFING AFTER THE LEGISLATIVE SESSION WAS DONE, THE, THE BULK OF IT OVER THE SUMMER. AND THERE ARE QUITE A FEW THINGS THAT ARE COMING THROUGH THAT WOULD AFFECT PLANNING, PLANNING, COMMISSIONS, CITIES, THAT I WOULD LOVE TO HAVE OUR CITY LEGAL, UM, BECAUSE THESE WERE OUTSIDE CONSULTANTS, BUT OUR CITY LEGAL HELP US UNDERSTAND THE RAMIFICATIONS FOR OUR WORK ON THE COMMISSION. SO I, I THINK THAT WOULD BE A REALLY GOOD ONE. YEAH. AND, AND, AND AS YOU SAY THAT, I'M THINKING OF THINGS FROM THE STATE, LIKE THE FACT THAT OUR, OUR PARKLAND DEDICATION'S NOW LIMITED AND, AND THAT SORT OF STUFF. SO THERE SEEMS TO BE A WHOLE HOST OF CITY LEGAL AND STATE LEGISLATION THAT, THAT I JUST CAN'T KEEP UP WITH. SO I, I'D APPRECIATE SOME SORT OF BRIEFING ON THAT. YEAH, THERE'S, THERE'S QUITE A BIT. UM, SO WE CAN GET A BRIEFING AS A FUTURE AGENDA. DO Y'ALL WANT ME TO ASK LEGAL , , COMMISSIONER HAYES, WE KNOW YOU HAVE THEIR TEXT, THEIR, UH, THEIR CELL PHONE NUMBERS, RIGHT. . UM, DO WE NEED A SECOND, MR. RIVERA ON THE, THE FIRST TWO CHAIR, COMMISSIONER, LIAISON. I THINK IT'S, UM, UNDERSTOOD. OKAY. ALRIGHT. ANY OTHER FUTURE AGENDA ITEMS? COMMISSIONER PHILLIPS? SO, A WHILE AGO WE TALKED ABOUT THE, UH, TRANSPARENCY AND HOW, UH, MEETINGS WILL BE HELD WITH REGARDS TO, UH, ENGAGING WITH, UH, AND IN, AND IN PARTICULAR, I'M GOING TO JUST SPELL IT OUT, THE AFRICAN AMERICAN AND LATINO COMMUNITIES IN THE CITY ABOUT MATTERS THAT IMPACT THEM. UH, THE MEETINGS THAT WE HELD WERE, UH, MARGINALIZING TO THOSE COMMUNITIES, BOTH AT THE PC, THE PLANNING COMMISSION, AND BOTH AT CITY COUNCIL, UH, BECAUSE THEY WERE HELD DOWNTOWN HERE AT CITY HALL OR AT THE PUBLIC LIBRARY AND NOT IN COMMUNITIES WHERE, UH, WE COULD ENGAGE AND MEET PEOPLE WHERE THEY LIVE. SO I'D LIKE THAT DISCUSSION TO BE PUT ON A FUTURE AGENDA ABOUT HOW WE, UH, CONDUCT OURSELVES, THE TRANSPARENCY WE HAVE. ARE WE GOING TO BE A PLANNING COMMISSION THAT REACHES OUT TO COMMUNITIES OF COLOR THAT HAVE HISTORICALLY BEEN MARGINALIZED AND THESE ISSUES THAT WE, THAT HAVE COME UP WITH LAND USE? SO I'D LIKE TO GET THAT ON THE FUTURE AGENDA. THANK YOU. AND COMMISSIONER WOODS CO-SPONSOR ON THAT WAS THAT, EXCUSE ME, I JUST SECONDING CO-SPONSOR. OH, NO, I WOULD LOVE TO CO-SPONSOR THAT. OKAY. YOU, YOU, UH, I JUST WANNA, I WHOLEHEARTEDLY SUPPORT THAT, AND I ACTUALLY THINK THAT THAT MIGHT BE AN AWESOME TOPIC FOR WORKING GROUP WHERE WE CAN ACTUALLY PULL IN STAFF AND TRY TO DEVELOP RECOMMENDATIONS TO COUNCIL OF, OF HOW WE CAN CHANGE OR IMPLEMENT CERTAIN THINGS, UH, TO DO BETTER OUTREACH TO THOSE COMMUNITIES. SO THAT'S SOMETHING TO CONSIDER. CAN I ASK? YES. COMMISSIONER ZARK, I HAVE A CLARIFYING QUESTION. GOSH, MAYBE I'M CONFUSED. DID WE CREATE A PROCESS WORKING GROUP A WHILE BACK THAT WAS DURING THE LDC REWRITE PART TWO? NO, IT WAS, UH, WASN'T THERE, I I BELIEVE IT WAS COMMISSIONER COHEN COHEN HAD SUGGESTED, REMEMBER, I BELIEVE COMMISSIONER COHEN, YOU HAD SUGGESTED IN THAT WE CREATED A WORKING GROUP. GOSH, I'M SORRY, Y'ALL, MY MEMORY DOESN'T ALWAYS WORK. THE MEETINGS BACK. WE DIDN'T, IN WHICH CASE, I GUESS I AGREE WITH WHAT YOU'RE SAYING, COMMISSIONER COX, NOT TO SORT OF, I THINK EXACTLY WHAT YOU'RE SAYING, BUT MY HOPE WOULD BE THAT THE WORKING GROUP CAN DEFINITELY START LOOKING AT THIS, AND I AGREE. I THINK THIS IS A CONVERSATION THAT WE NEED TO MOVE FORWARD. REMEMBER ABOUT ACCESSIBILITY. MR. VER, DO YOU REMEMBER IF WE CREATED IT? CHAIR COMMISSIONER ? I DO NOT HAVE, UM, A RECORD OF THE ACTUAL MOTION AND THE CREATION ESTABLISHMENT OF A WORKING GROUP, UH, TO THAT. UH, SO IT MIGHT MAKE SENSE FOR US TO DO IT RIGHT NOW. SO, YES. I'M SORRY. UH, COMMISSIONER COX, PLEASE GO AHEAD. I TOLD YOU I NO, I, I DIDN'T, I DIDN'T MEAN TO MAKE ANY SORT OF SEPARATE MOTION. I JUST, I JUST THOUGHT, UH, MAYBE COMMISSIONER PHILLIPS OR, OR OTHERS MIGHT, AND I'LL, I'LL TAKE THE LEAD IF, IF YOU WANT ME TO, BUT JUST MAYBE AT A FUTURE MEETING, UM, CONSIDER ESTABLISHING A WORKING GROUP TO, TO EVALUATE THOSE OPTIONS THAT, THAT, OR EVALUATE THOSE TOPICS THAT COMMISSIONER PHILLIPS BROUGHT UP. AND, AND SPECIFICALLY I'M THINKING OF LIKE HOW WE MAKE MEETINGS MORE ACCESSIBLE IN THOSE COMMUNITIES, UM, THROUGH TECHNOLOGY, OUTREACH, WHATEVER. AND, AND I JUST THINK THAT WOULD BE A GOOD THING FOR A WORKING GROUP TO EVALUATE. GREAT. THANK YOU. UM, COMMISSIONER SHAW? YEAH, AND THIS IS, I THINK THIS IS IMPORTANT, BUT I ALSO WANNA SAY WE NEED TO HIT THIS AT MANY LEVELS. UH, AND I WOULD STRONGLY REC, AND THIS DOESN'T NEED TO BE PART OF THIS WORKING GROUP, BUT WHENEVER WE CAN [03:10:01] MEET THEM WHERE THEY ARE IN SMALLER GROUPS WITH THEIR COUNCIL MEMBER, GO ALONG WITH THE PLANNING COMMISSIONER, WE CAN, WE CAN DO THIS MANY DIFFERENT LEVELS. AND I THINK THAT ALSO, UH, WHENEVER YOUR, UH, COUNCIL MEMBER IS GOING OUT TO THE COMMUNITIES, UM, GOING ALONG WITH THEM IS, UM, I'VE DONE THAT IN D SEVEN, AND THAT IS REALLY A REALLY POWERFUL WAY, MEET IN SMALLER GROUPS AND, UH, HAVE MORE DIALOGUE INSTEAD OF KIND OF THE SETTING WHERE WE'RE JUST LISTENING TO THE PUBLIC AND WE DON'T REALLY GET AN EXCHANGE. SO ANYWAY, JUST STRONGLY ENCOURAGE SMALLER GROUP MEETINGS WITHIN THE COMMUNITIES. GREAT. THANK YOU. MR. ANDERSON. DID I SEE YOU HAD YOUR HAND UP FOR SOMETHING? SURE. UM, LOOKING TO INITIATE AN ITEM TO REMOVE THE HEIGHT LIMITS FOR INNER WEST CAMPUS. UM, WE CAN TALK ABOUT IT MORE, OF COURSE, WHEN THIS IS ON AN AGENDA, WE'RE POSTED FOR IT. BUT THERE'S A LOT OF CONVERSATIONS ABOUT THERE ABOUT COUNTERBALANCING THE NEW COSTS THAT WE'RE ADDING BY, UH, ELIMINATING BURIED BEDS, WINDOWLESS BEDROOMS, AND SO JUST A WAY TO GET MORE BEDROOMS AND MORE WINDOWS IN BEDROOMS. I SECONDED THAT. OH, SORRY, . I SECONDED IT, BUT I STILL NO, NO, YOU'RE FINE. GO AHEAD. OKAY. ALL RIGHT. ANY, ANY OTHER THOUGHTS? YES, COMMISSIONER? SO I HAVE A CLARIFYING QUESTION BECAUSE WE MOVED ON BEFORE I HAD, WE HAD COMPLETED THAT DISCUSSION. ARE WE, ARE WE NOT CREATING A WORKING GROUP? AND I DON'T, UM, I DON'T, UH, PUSH, I, I DON'T OPPOSE WHAT COMMISSIONER SHAW SAID ABOUT SMALLER GROUPS, BUT ON THIS PARTICULAR THING THAT DID NOT HAPPEN, SMALL GROUPS, COUNCIL MEMBERS DID NOT GO INTO THEIR COMMUNITIES AND MEET WITH THEIR CONSTITUENTS ON THE, UM, HOME INITIATIVE. AND THAT WAS A BIG COMPLAINT AND I GOT AN EARFUL ON THAT. SO, UM, I WANNA MAKE SURE THAT WE AS A PLANNING COMMISSION ARE DOING OUR DUE DILIGENCE AND PROVIDING TRANSPARENCY AND, AND PROVIDING ENGAGEMENT WITH MATTERS THAT, UH, IN SOME OF THE COMMUNITIES THAT ARE GONNA BE IMPACTED THE MOST BY SOME OF THE CHANGES THAT WE'RE MAKING. SO ARE WE, OR ARE WE NOT CREATING A WORKING GROUP? SO THIS IS JUST FUTURE AGENDA ITEMS. AND SO AT THE NEXT MEETING THERE WILL BE AN ITEM THAT WILL SAY SOMETHING ALONG THE SAME LINES AS LANGUAGE YOU CAN SEE IN 26 OF DISCUSSION AND POSSIBLE ACTION TO CREATE THE WORKING GROUP CHAIR, COMMISSIONER LA AND RIVERA. SO THAT ACTUALLY MAY BE ON YOUR JANUARY 9TH. OH, THAT'S RIGHT. WE HAVE A CONSENT AGENDA ON THE NEXT MEETING, CORRECT? YEAH. YEAH. AND, UM, THAT WILL BE, UH, NEXT WEEK. UH, JUST A REMINDER THAT, UH, UH, THE 19TH 5:00 PM HERE. THANK YOU FOR THAT. AND CAN I JUST, CAN I JUST YEAH. CLARIFY SOMETHING ABOUT THAT. SO I, I DID NOT MEAN TO USURP COMMISSIONER PHILLIPS'S, UH, UH, REQUEST THAT WE HAVE A FUTURE AGENDA ITEM. UM, BUT, BUT I JUST WANTED TO UNDERSTAND IF COMMISSIONER PHILLIPS THOUGHT THAT WAS A GOOD IDEA TO DO A WORKING GROUP SO THAT WE'RE DIRECTING STAFF TO HAVE THAT LANGUAGE. OR IF, IF YOU WERE LOOKING FOR SOMETHING MORE LIKE A, LIKE A BRIEFING OR JUST DISCUSSION ITEM. I WAS GOING TO COMMISSIONER JOSH JUMP IN IF I YES, COMMISSIONER. YEAH. IF I CAN. SO SOME OF THIS IS, IS PROCESS ISSUES. UM, AND SO IN ORDER FOR US BY MAKING A FUTURE AGENDA ITEM THAT ALLOWS IT SO THAT WE CAN HOLD DISCUSSION REGARDING THE ITEM AND TAKE ACTION, IT ALSO ALLOWS FOR PUBLIC DISCUSSION ON THE ITEM. AND THAT COULD INCLUDE FOR CONSIDERATION FORMING THE WORKING GROUP. WHEN WE BRING UP OUR FUTURE AGENDA ITEMS HERE, WE CAN'T REALLY GET INTO GOOD DISCUSSION AND ACTION BECAUSE IT HASN'T BEEN POSTED FOR PUBLIC NOTICE. MM-HMM. . SO I JUST WANTED TO CLARIFY THAT. 'CAUSE AS WE HAVE SOME NEWER COMMISSIONERS, I REMEMBER BEING THE ONE TRYING TO UNDERSTAND HOW TO GET THINGS GOING. UM, AND SO THAT WILL ALLOW US TO GET THAT DISCUSSION GOING. YES. WELL SAID. THANK YOU, COMMISSIONER AL. UM, YES, CHAIR COHEN. I DON'T KNOW IF THE COMMISSION WOULD BE INTERESTED IN DIGGING IT UP, BUT THE BOARD OF ADJUSTMENT RAN INTO AN ISSUE AGAIN LAST NIGHT WITH A AGENDA, UH, IN THE CITY CLERK'S OFFICE. SO IF I, I KNOW IN THE PAST IT WAS MENTIONED HERE, UH, AT THIS BODY, IF ANYONE WOULD BE INTERESTED IN DIVING INTO THAT AGAIN, UH, WE'LL BE DOING THE SAME OVER AT BOA CHAIR. IF I MIGHT CLARIFY SOMETHING, JUST SO I UNDERSTAND. SO WE HAVE REQUESTED AN ITEM, UH, RELATED TO WHAT COMMISSIONER PHILLIPS HAD SAID SINCE SHE HAD MADE THE MOTION THAT HAVE BEEN SECONDED BY COMMISSIONER WOODS. SO WE HAVE THAT ITEM AS A FUTURE AGENDA ITEM. YES. AND THEN IN ADDITION, WE HAVE A REQUEST TO HAVE [03:15:01] SOMETHING LIKE A PROCESS WORKING GROUP YES. AT THE JANUARY 9TH MEETING AS WELL. YES. OKAY. JUST WANTED TO MAKE SURE THAT WE HAVE TWO SEPARATE REQUESTS. AND, UH, YES, COMMISSIONER CON, TO YOUR POINT, I THINK THE WORKING GROUP SHOULD DEFINITELY DIG INTO A LOT OF THESE ISSUES. HMM. OKAY. OTHER THOUGHTS? OKAY. UM, REALLY QUICKLY, [BOARDS, COMMITTEES & WORKING GROUPS UPDATES] WE CAN GO THROUGH THE BOARD'S, COMMITTEES AND WORKING GROUP UPDATES, UM, CODES AND ORDINANCES. I'LL JUMP IN HERE. THAT MEETING IS TOMORROW. UM, AND WE HAVE, UH, ON THE AGENDA OF THE, LOOKING AT THE 50 FOOT SETBACK FOR THE BUTLER TRAIL, UM, AND SOS, UH, ORDINANCE, UM, ITEM AND, UH, ONE OR TWO OTHERS. SO, UM, LOTS TO DO BEFORE THE HOLIDAY. LET'S MOVE ON TO COMPREHENSIVE PLAN JOINT COMMITTEE. OUR NEXT MEETING IS ON THE 10TH OF JANUARY. THANK YOU. JOINT SUSTAINABILITY COMMITTEE. OUR NEXT MEETING IS TOMORROW, AND UNFORTUNATELY I WILL NOT BE ABLE TO ATTEND, BUT I WILL REPORT BACK ON, UM, WHAT HAPPENED AT THAT MEETING AT OUR JANUARY MEETING, UH, SMALL AREA PLANNING JOINT COMMITTEE. I BELIEVE WE'RE SUPPOSED TO MEET TOMORROW. I HAVE TO DOUBLE CHECK. THEY SENT AN UPDATED EMAIL. UM, SO I BELIEVE THAT MEETING IS ALSO TOMORROW, BUT I NEED TO DOUBLE CHECK THE AGENDA ON THAT. THANK YOU. AND THE SOUTH CENTRAL WATERFRONT ADVISORY BOARD. UM, OUR NEXT MEETING GOT POSTPONED, SO OUR FOLLOWING MEETING WILL BE IN JANUARY. ALL RIGHT. UM, WELL WITH THAT, JUST A QUICK REMINDER. OUR, UM, AS ANDREW SAID, OUR OUR NEXT MEETING IS NEXT TUESDAY AT 5:00 PM AND IT'LL BE CONSENT ONLY AGENDA. SO, UM, CHAIR? YES. UH, REAL QUICK, UM, POINT OF PRIVILEGE. I JUST WANNA SAY I'VE NEVER SEEN YOU CHAIR BEFORE, 'CAUSE USUALLY CHAIR WHEN I'M OUT. BUT YOU DID A GREAT JOB. THANK YOU VERY MUCH. THANK YOU. THANK YOU. UM, I WANNA DO Y'ALL PROUD SO WITH THAT, UM, WE'LL ADJOURN THE MEETING TONIGHT AT 9 35. THANK YOU SO MUCH. YOU. * 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.