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[00:00:03]

UM, WE HAVE

[Determination of Quorum / Meeting Called to Order]

A QUORUM PRESENT.

WE HAVE OUR VIRTUAL COMMISSIONERS ONLINE.

COME ON CAMERA.

GREAT.

GOOD EVENING.

UM, HAVING A QUORUM PRESENT.

I NOW CALL THIS MEETING OF THE PLANNING COMMISSION TO ORDER AT 6:11 PM SO FIRST WE'LL TAKE ROLL CALL.

PLEASE ACKNOWLEDGE YOUR PRESENCE WHEN I CALL YOUR NAME AND WE'LL GO IN ALPHABETICAL ORDER, LIKE IN THE AGENDA.

COMMISSIONER ANDERSON.

UM, NOT HERE YET, BUT I HEAR HE IS GOING TO BE A LITTLE BIT LATE.

COMM OR VICE CHAIR AZAR HERE.

COMMISSIONER RA RAMEZ.

HERE.

COMMISSIONER COX.

PRESIDENT.

COMMISSIONER HAYNES.

HERE.

CHAIR HEMPEL.

HERE.

COMMISSIONER HOWARD.

HERE.

COMMISSIONER JOHNSON.

HERE.

COMMISSIONER MAXWELL IS ABSENT THIS EVENING.

COMMISSIONER MUTAL HERE.

COMMISSIONER PHILLIPS.

HERE.

COMMISSIONER SKIDMORE HERE.

AND COMMISSIONER WOODS HERE.

I ALSO WANT TO RECOGNIZE OUR EX-OFFICIO MEMBERS THAT ARE PRESENT TONIGHT.

BOARD OF ADJUSTMENTS CHAIR JESSICA COHEN AND A ISD BOARD OF TRUSTEE CANDACE HUNTER.

I THOUGHT I SAW HER EARLIER.

UM, ALSO, MR. RIVERA SERVES AS AN EX-OFFICIO AND I ASK THAT IT BE REFLECTED ON THE AGENDA FOR THE PURPOSE OF TRANSPARENCY AND SOVEREIGNTY OF THE COMMISSION.

SO TONIGHT WE ARE WELCOMING OUR NEW COMMISSIONER, COMMISSIONER SKIDMORE.

SO COMMISSIONER SI SKIDMORE, THE FLOOR IS YOURS.

IF YOU'D LIKE TO SAY A FEW WORDS.

GOOD EVENING.

THANK YOU, CHAIR OF THANK YOU OF WELL, I'M DANIELLE SKIDMORE, AND THIS IS, I JUST REALIZED IT'S MY 30TH YEAR LIVING IN AUSTIN OF 27 YEARS IN CENTRAL AUSTIN.

AND THE LAST 15 YEARS I'VE LIVED DOWNTOWN A FEW BLOCKS AWAY.

UH, PROFESSIONALLY, I'M A CIVIL ENGINEER WORKING TRANSPORTATION AND WATER RESOURCES FOR PUBLIC SECTOR CLIENTS.

I'VE DONE THAT, UH, AGAIN FOR 30 YEARS OF PERSONALLY, I'M A SPECIAL NEEDS PARENT TO, UH, A YOUNG MAN NAMED PETER.

22 YEARS OLD NOW.

AND, UH, I SPEND MY TIME WHEN I'M NOT WORKING AND HELPING TO, HELPING AUSTIN TO GROW IN A MORE SUSTAINABLE, EQUITABLE WAY OF HANGING OUT WITH PETER, MAKING SURE HE LIVES LARGE HERE IN OUR GREAT CITY.

I AM REALLY HAPPY TO SERVE WITH THE PLANNING COMMISSION THIS EVENING AND TO WORK WITH YOU AND THE WHOLE CITY.

THANK YOU.

THANK YOU SO MUCH.

WELCOME.

SO, PER USUAL, TONIGHT'S MEETING WILL BE HYBRID, ALLOWING FOR A VIRTUAL QUORUM AS LONG AS THE COMMISSIONER SERVING AS CHAIRS IN AS PRESENT IN CHAMBERS.

SO AS SUCH, WE HAVE COMMISSIONERS HERE IN CHAMBERS AND ONLINE.

SIMILARLY, SPEAKERS CAN PRESENT FROM THE CHAMBERS OR PARTICIPATE VIRTUALLY VIRTUAL COMMISSIONERS.

JUST REMEMBER TO HAVE YOUR, UM, GREEN, YELLOW, AND RED TO VOTE AND REMEMBER TO SEND YOUR SIGN IN SHEET TO, UM, MR. RIVERA PER THE CLERK'S GUIDELINES.

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

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

UM, THOSE ONLINE, YOU KNOW THIS ALREADY, BUT PLEASE REMAIN MUTED WHEN YOU'RE NOT SPEAKING AND RAISE YOUR HAND TO BE RECOGNIZED.

AND WE STILL, UH, DON'T HAVE THE SCREENS RIGHT IN FRONT OF US QUITE YET.

THAT'S COMING IN MARCH.

SO PLEASE BE PATIENT WITH ME IF I HAVE TO SQUINT TO SEE YOUR VOTE.

UM, IF I MISS YOU, UM, AND YOU'RE TRYING TO SPEAK ONLINE, JUST VERBALLY LET ME KNOW.

UM, OUR, UH, BIWEEKLY REMINDER FROM, UH, ABOUT, UH, COMMENTING WITH, UM, WHEN THE SUBJECT IS GERMANE.

SO WITH RESPECT TO AFFORDABLE HOUSING AND ZONING, I REMIND THE COMMISSIONERS THAT ASIDE FROM OUR CONSIDERATION OF PLANNED UNIT DEVELOPMENTS, THE APPLICANT ELECTING TO INCLUDE OR NOT INCLUDE AFFORDABLE HOUSING OR THE NUMBER OF AFFORDABLE UNITS IS NOT PART OF A ZONING OR REZONING REQUIREMENTS.

SO, MR. RIVERA,

[PUBLIC COMMUNICATION]

DO WE HAVE ANYONE SIGNED UP TO SPEAK TODAY? THANK YOU, CHAIR, COMMISSIONER, LADIES LIAISON, AND RIVERA.

SO, YES, WE HAVE, UH, MS. NEL FREEMAN, MIKE KANATI, AND SANTIAGO IF ALL THREE CAN MAKE THEIR WAY.

AND THEN MS. UH, FREEMAN WILL BEGIN WITH THREE MINUTES, FOLLOWED BY MR. KANATI, FOLLOWED BY SANTIAGO.

THANK YOU.

GOOD EVENING.

MY NAME IS NATALIE FREEMAN.

I'M A REALTOR WITH UNITED REAL ESTATE AUSTIN.

I'M HERE ON BEHALF OF MY 94-YEAR-OLD CLIENT, MS. ROBBIE JONES, WHO IS A RETIRED A ISD TEACHER.

MS. JONES OWNS A HALF ACRE PROPERTY THAT BORDERS SOUTH HIGHWAY 180 3.

HAROLD COURT INHIBITS ROAD.

IT HAS BEEN IN HER FAMILY SINCE 1955.

THE PROPERTY STARTED OUT

[00:05:01]

AS ONE ACRE AND TEX STOCK HAS ACQUIRED A PORTION TO EXPAND THE HIGHWAY BETWEEN 1959 AND 1964.

MS. JONES WOULD LIKE TO PETITION THE PLANNING COMMISSION TO INITIATE AN AMENDMENT TO THE FUTURE LAND USE MAP ON HER BEHALF.

IT IS BELIEVED THAT THE STAFF PREVIOUSLY MISIDENTIFIED THE HALF ACRE TRACK AS RIGHT OF WAY.

THIS LED TO AN INAPPROPRIATE LAND USE DE DESIGNATION DURING THE MLK 180 3 FUTURE LAND USE MAP PLACEMENT.

MY CLIENT IS REQUESTING THAT THE COMMISSION DIRECT STAFF TO RECTIFY THIS, ENABLING THEM TO PROCEED WITH THE ZONING CHANGE FROM INTERIM RURAL RESIDENTS TO COMMERCIAL WITHOUT ADDITIONAL BURDEN.

CURRENT STAFF HAS EXPRESSED THAT THEY WOULD NOT AC OPPOSE THIS REQUEST.

MS. JONES HAS EXPLAINED THAT SHE WOULD BE MOST GRATEFUL FOR ASSISTING HER TO RESOLVE THIS MATTER.

THANK YOU.

THANK YOU SO MUCH.

THANK YOU.

WHEN I HEAR FROM MR. KTI CHAIR, HEMPFIELD PLANNING COMMISSIONERS, UM, WELCOME COMMISSIONER SKIDMORE.

I'M JUST HERE TO GIVE A SHORT STATEMENT OF GRATITUDE TO THE PLANNING COMMISSION FOR APPROVING THE, UH, BARTON SPRINGS BATHHOUSE REHABILITATION PROJECT.

IT IS NOW UNDERWAY AND IF WE COULD JUST CLICK THROUGH.

I JUST WANTED TO LET YOU KNOW THE GROUNDBREAKING CEREMONY HAPPENED THIS PAST THURSDAY, UH, AND WE WERE, UH, IT WAS REALLY AN OP, A WONDERFUL OPPORTUNITY FOR THE FRIENDS AND SUPPORTERS TO CELEBRATE THE LAUNCH OF THIS PROJECT.

AFTER ABOUT EIGHT YEARS OF WORK GETTING IT STARTED, THIS WILL BOTH REHABILITATE THE BATHHOUSE FACILITY AND IMPROVE THE VISITOR EDUCATION EXPERIENCE AS VISITORS COME TO THE POOL.

UH, THIS WAS A COMMUNITY-WIDE VISION FOR RENOVATING THE PLACE.

AND I WANT TO COMMEND THE CITY, THE PLANNING COMMISSION, THE PARKS DEPARTMENT, ALL FOR REALLY GOING ABOVE AND BEYOND THE TYPICAL COMMUNITY ENGAGEMENT ON THIS PROJECT.

UH, WE LAUNCHED THIS CAMPAIGN IN 2014 AND WE QUICKLY LEARNED THAT GRATITUDE CHANGES EVERYTHING WHEN ALL OF THESE PRIVATE DONORS SHOWED UP TO SHOW THEIR LOVE FOR BARTON SPRINGS CONTRIBUTING OVER $3 MILLION TO THE PROJECT.

I JUST WANTED TO THANK THE COMMISSIONER AGAIN FOR APPROVING.

I THINK THERE WAS SOME SOS AMENDMENTS THAT WERE REQUIRED FOR THIS PROJECT.

AND I WILL STOP THERE AND, UH, LET YOU GET ON TO YOUR REGULAR BUSINESS.

THANK YOU.

THANK YOU.

THANK YOU.

WE'LL NOW HEAR FROM MR. SANTIAGO CHAIR.

THAT CONCLUDES THE, UH, PUBLIC COMMUNICATION.

OKAY.

THANK YOU SO MUCH.

UM, WE MOVE ON TO APPROVAL OF

[APPROVAL OF MINUTES]

THE MINUTES.

THE FIRST ITEM ON THE CONSENT AGENDA IS THE APPROVAL OF THE MINUTES FROM THE REGULAR MEETING OF JANUARY 23RD.

THE FEBRUARY 13TH MEETING MEETING MINUTES WILL BE POSTPONED UNTIL THE NEXT MEETING.

DOES ANYONE HAVE ANY EDITS TO THOSE MINUTES? OKAY, HEARING NONE THOSE EDITS ARE, OR THE HEARING NINE WILL, UM, THOSE MINUTES WILL BE ADDED TO THE CONSENT AGENDA.

MOVING ON TO PUBLIC HEARINGS,

[Consent Agenda]

OUR FIRST ACTIVITY TODAY IS TO VOTE ON THE CONSENT AGENDA.

ITEMS THAT ARE CONSENT APPROVAL, DISAPPROVAL, POSTPONEMENTS OF PUBLIC HEARINGS, OR NON-DISCUSSION ITEMS. PLEASE NOTE THAT ANY AGENDA ITEMS THAT ARE POSTPONED TO THE APRIL 23RD MEETING DATE, THAT MEETING WILL BEGIN AT 4:00 PM COMMISSIONER CZAR WILL READ THE, THE PROPOSED CONSENT AGENDA AND IDENTIFY THOSE THAT ARE CONSENT POSTPONEMENT AND NON-DISCUSSION AND COMMISSIONERS.

AS A REMINDER, YOU ALSO HAVE THE OPPORTUNITY TO REQUEST CONSENT ITEMS TO BE PULLED FOR DISCUSSION.

THANK YOU, CHAIR.

I'LL GO OVER OUR PUBLIC HEARING ITEMS HERE.

SO THIS IS, UM, I NUMBER TWO PLAN AMENDMENT NPA 2023 DASH 0 0 1 4 0 4 4 3 0 2 KNUCKLES CROSSING DISTRICT TWO.

THIS ITEM IS UP FOR A STAFF POSTPONEMENT TO APRIL 9TH.

ITEM NUMBER THREE IS A PLAN AMENDMENT NPA DASH 2023 DASH 0 2 5 0 1 57 25 WEST US HIGHWAY TWO 90 EASTBOUND DISTRICT EIGHT.

THIS ITEM IS UP FOR AN APPLICANT POSTPONEMENT TO APRIL 23RD.

ITEM NUMBER FOUR IS ALSO PLAN AMENDMENT NPA DASH 2023 DASH 0 0 0 5 0 2 600 CAMP DISTRICT THREE.

THIS ITEM IS UP FOR STAFF POSTPONEMENT TO APRIL 23RD.

I'M NUMBER FIVE IS ALSO A PLAN AMENDMENT NPA DASH 2023 DASH 5 0 1 OP FAIRWAY MIXED USE DISTRICT THREE.

THIS ITEM IS UP FOR APPLICANT POSTPONEMENT TO MARCH 26TH I SIX IS A PLAN AMENDMENT NPA DASH 2023 DASH 2 3 0 3 H 6 3 0 4 MAIN ROAD DISTRICT FOUR.

ASSIGNMENT IS UP FOR APPLICANT POSTPONEMENT TO APRIL 23RD.

I NUMBER SEVEN IS A PLAN AMENDMENT NPA DASH 2023 DASH 0 0 9 2.

UH, UH, 0 0 2 9 0.02 HUMANE SOCIETY OF AUSTRIAN, TRAVIS COUNTY DISTRICT FOUR.

THIS ITEM IS UP FOR STAFF POSTPONEMENT TO APRIL 23RD.

I NUMBER EIGHT IS A PLAN AMENDMENT NPA DASH 2023 DASH 0 4 3 7300 METRO CENTER DISTRICT TWO.

THIS ITEM IS UP FOR DISCUSSION TONIGHT.

I NUMBER NINE OF REZONING,

[00:10:01]

UH, FOR THE SAME CASE C 14 DASH 2023 DASH 9 3 7300 METRO CENTER DISTRICT TWO.

THIS ITEM IS UP FOR DISCUSSION I NUMBER 10 IS A REZONING.

THIS IS, UM, C 14 DASH 2023 DASH EIGHT ZERO ANDERSON SQUARE, DISTRICT FOUR.

THIS ITEM IS UP FOR STAFF POSTPONEMENT TO APRIL 9TH.

UM, I, NUMBER 11 IS A PLAN AMENDMENT.

THIS IS NPA DASH 2023 DASH ZERO 7.01 ANDERSON SQUARE, DISTRICT FOUR.

THIS ITEM IS UP FOR STAFF POSTPONEMENT TO APRIL 9TH.

ITEM NUMBER 12 IS A REZONING C 14 DASH 2023 DASH 0 1 24 WESTLAND AT 12TH STREET DISTRICT NINE.

THIS ITEM IS UP FOR DISCUSSION TONIGHT.

I'M NUMBER 13, IS ALSO A REZONING C 14 DASH 2023 DASH DASH 0 1 3 8 AND FIELD DISTRICT 10.

THIS ITEM IS UP FOR DISCUSSION TONIGHT.

I NUMBER 14 IS A REZONING C 14 DASH 2023 DASH 0 10 12 30 EAST 38TH AND HALF STREET DISTRICT NINE.

THIS ITEM IS UP FOR APPLICANT POSTPONEMENT TO MARCH 12TH.

I NUMBER 15 IS A REZONING C 14 DASH 2023 DASH 0 1 2 9 PINNACLE PLAZA DISTRICT ONE.

THIS ITEM IS UP FOR NEIGHBORHOOD POSTPONEMENT TO MARCH 12TH.

I'M NUMBER 16 REZONING.

THIS IS C 14 DASH 2023 DASH 4 17 25 TO ME, DISTRICT NINE.

THIS ITEM IS UP FOR DISCUSSION TONIGHT.

I NUMBER 17 C 14 DASH 2023 DASH 0 4 7 1911 WILLOW CREEK DRIVE, DISTRICT E THIS ITEM IS UP FOR APPLICANT POSTPONEMENT TO MARCH 26TH.

I NUMBER 18 IS A REZONING C 14 DASH 2023 DASH 48 3 8 0 5 RED RIVER DISTRICT NINE.

THIS ITEM IS UP FOR CONSENT.

I NUMBER 19 IS A REZONING AS WELL.

C 14 DASH 2023 DASH THREE THREE.

THIS IS 55 55 NORTH LAMAR REZONING DISTRICT FOUR.

THIS ITEM IS UP FOR CONSENT.

I NUMBER 20 IS REZONING C 14 DASH 2023 DASH 54.

THIS IS 81 20 RESEARCH BOULEVARD, A A LI DISTRICT FOUR.

THIS ITEM IS UP FOR CONSENT.

ITEM NUMBER 21 IS A REZONING C 14 DASH 85 DASH 2 88 6 RCA TWO.

THIS IS FOR SUNSET RIDGE DISTRICT EIGHT.

THIS ITEM IS UP FOR NEIGHBORHOOD POSTPONEMENT.

UH, THIS IS IN, UH, THE NEIGHBORHOOD POSTPONED REQUEST WAS TO APPLE NINTH.

APPLICANT IS IN AGREEMENT TO MARCH 12TH.

UM, AND SO WE WILL BE MARCH 26TH.

OH, SORRY, MARCH 26TH.

ARE WE DOING THIS? IT'S, YEAH.

OKAY.

SO ON CONSENT, THIS ITEM GOES FOR, UM, POSTPONEMENT TO MARCH 26TH.

THIS IS AGAIN, ITEM NUMBER 21 I NUMBER 22 REZONING C 14 DASH 2023 DASH 0 0 5 6 WEST US HIGHWAY TWO 90, DISTRICT EIGHT.

THIS ITEM IS UP FOR CONSENT.

ITEM NUMBER 23 IS A REZONING C 14 DASH 2023 DASH 0 0 9 4 MERRILL DISTRICT FIVE.

THIS ITEM IS UP FOR STAFF POSTPONEMENT TO APRIL 23RD.

ITEM NUMBER 24 IS HISTORIC ZONING, C 14 H DASH 2023 DASH 0 1 47 JOHNSON AND JOHNSON GROCERY AND HOME DISTRICT THREE.

THIS ITEM IS UP FOR CONSENT.

I NUMBER 25 IS HISTORIC ZONING AS WELL.

C 14 H DASH 2023 DASH 0 1 45 YANKTON MOREHOUSE, DISTRICT NINE.

THIS ITEM IS UP FOR CONSENT.

I NUMBER 26 IS A CONDITIONAL USE PERMIT, SPC DASH 2023 DASH 0 3 4 1 A.

PINS MECHANICAL CUP DISTRICT THREE.

THIS ITEM IS UP FOR CONSENT.

I NUMBER 27 IS ALSO CONDITIONAL USE PERMIT SPC DASH 2023 DASH 0 4 0 6 A YOGA P SCHOOL EAST DISTRICT ONE.

THIS ITEM IS UP FOR CONSENT.

I NUMBER 28 IS A SITE PLAN SP DASH 2022 DASH 0 5 3 6 C KRAMER CONDOS.

THIS ITEM IS UP FOR A NEIGHBORHOOD POSTPONEMENT TO MARCH 12TH.

I NUMBER 29 IS AN LDC AMENDMENT.

UM, C 20 DASH 2023 DASH 0 4 1 AMENDMENT TO CITY CODE TITLE 25 RELATING TO THE NORTH BERNARD GATEWAY REGULATING PLAN DISTRICT SEVEN.

THIS ITEM IS UP FOR CONSENT.

I NUMBER 30 IS ALSO AN LDC AMENDMENT C 20 DASH 2023 DASH ZERO THREE, BUT TRAIL AMENDMENTS, THAT ITEM IS UP FOR DISCUSSION TONIGHT.

AND THEN FINALLY, UH, ITEM NUMBER 31, WHICH IS AN LDC AMENDMENT C 20 DASH 2024 DASH 0 0 1 ONSITE WATER REUSE.

THIS ITEM IS ALSO UP FOR DISCUSSION TONIGHT.

THANK YOU, VICE CHAIR.

UM, DO ANY COMMISSIONERS NEED TO RECUSE OR ABSTAIN FROM ITEMS ON THE AGENDA? I'M NOTING THAT I'LL BE ABSTAINING FROM ITEM NUMBER.

ITEM NUMBER 30 SINCE I AM ON THE TRAIL CONSERVANCY AS THE BOARD CHAIR.

AND THIS ITEM RELATES TO THE BUTLER TRAIL.

ANY OTHERS? UM, MR. RIVERA, DO WE HAVE ANY SPEAKERS SIGNED UP TO SPEAK FOR ANY OF THE CONSENT ITEMS TO REQUEST ITEMS TO BE PULLED? CHAIR COMMISSIONER LEES ON EVERY I DO NOT, NO.

DO ANY COMMISSIONERS WANT TO PULL ANY OF THE CONSENT ITEMS FOR DISCUSSION OR OTHERWISE HAVE QUESTIONS ON THE CONSENT AGENDA CHAIR? YES.

IS IT POSSIBLE AT ALL FOR ME TO ASK JUST ONE QUICK QUESTION TO THE APPLICANT ON ITEM 12, THE WEST LINN AT 12TH STREET CASE? IF MR. THROWER IS HERE, I JUST WAS HOPING TO ASK HIM ONE QUICK QUESTION AND

[00:15:01]

THEN HOPEFULLY LEAVE IT ON CONSENT.

SO WE HAVE TWO SPEAKERS SIGNED UP ON THAT ONE, WHICH IS WHY IT'S PULLED FOR DISCUSSION.

OH, I'M SORRY.

I COMPLETELY MISSED THAT.

IT WAS PULLED.

SORRY ABOUT THAT.

THAT'S OKAY.

OTHER QUESTIONS OR COMMENTS? YES, SURE.

I KNOW WE DON'T HAVE TIME, BUT I'LL MAKE THIS VERY QUICK TODAY.

I JUST WANTED TO, UM, HIGHLIGHT, UH, WE HAVE A CASE TONIGHT FOR HISTORIC ZONING FOR 3 8 0 5 RED RIVER STREET IN THE WORK THAT PRESERVATION AUSTIN HAS DONE IN PRESERVING THAT LANDMARK AND ENSURING THAT WE CONTINUE TO ENJOY IT AND SEE IT IN THE PUBLIC SPHERE.

SO I JUST WANTED TO THANK THEM FOR THEIR EFFORTS.

THANK YOU MADAM CHAIR.

YES.

UH, ON, UH, ITEM 29, I DO NOT WANT TO PULL IT OFF.

CONSENT.

UM, IF IT WERE UP FOR DISCUSSION, I WOULD ULTIMATELY END UP VOTING FOR IT, BUT, UM, UH, I WILL NOT LET IT PASS WITHOUT, UH, COMMENT, UH, YET AGAIN.

UH, ONE MORE COMMISSION MEETING.

ONE MORE DEAL IN THE WORKS FOR, UH, THE NORTH BERNARD GATEWAY.

THIS IS OUR SECOND DOWNTOWN.

IT, IT'S SUPPOSED TO BE OUR SECOND DOWN.

IT'S NOT SUPPOSED TO BE OUR SECOND DOWNTOWN.

IT IS OUR SECOND DOWNTOWN.

IT IS VITAL TO THE SUCCESS OF AUSTIN AS WE GO FORWARD.

AND IT IS THE DUTY OF THIS PLANNING COMMISSION TO PLAN IN COM IN TOTO, THE NORTH BURN GATEWAY.

YET EVERY WEEK WE COME WITH ANOTHER DEAL THAT IS BEING MADE.

AND I GET IT THIS TIME.

IT'S TU UM, AND THERE'S A QUESTION AS TO WHETHER OR NOT, WHETHER OR NOT WE HAVE AUTHORITY TO ZONE UNIVERSITY LAND.

ANYWAY, NOT, NOT TALKING ABOUT THAT.

AND I APPRECIATE THE FOLKS AT, AT THE UNIVERSITY AND I APPRECIATE THE FOLKS, UM, UM, WORKING WITH WORKING, UH, TO COME UP WITH AN AMICABLE UH, SOLUTION.

BUT WE KEEP DOING THESE ONE-OFFS FOR OUR SECOND DOWNTOWN.

AND AS I WORK WITH CITY STAFF, IT IS MY UNDERSTANDING, THIS IS THE 10TH SUB-DISTRICT WE ARE CREATING IN THIS, IN THIS AREA IN DOWNTOWN.

WE HAVE TWO SUB-DISTRICTS, AND NOW WE HAVE 10.

WE KEEP PIECEMEALING THIS TOGETHER AND PRETTY SOON IT'S GONNA BE MORE CUMBERSOME TO BUILD IN THE DOMAIN AND Q2 AND THE AREAS ASSOCIATED THAN IT IS ANYWHERE IN THE CITY.

YET EVERY DIRECTIVE WE GET FROM THE COUNCIL, EVERY DIRECTIVE WE GET FROM ADVOCATES IS TO MAKE OUR PLANNING PROCESS AND MAKE OUR ZONING PROCESS EASIER TO UNDERSTAND AND LESS COMPLICATED.

AND WE'RE ADDING YET A 10TH SUB-DISTRICT TO OUR DOWNTOWN.

WE'VE GOTTA STOP MAKING PRIVATE DEALS IN PRIVATE OFFICES AND ZONE THIS AREA, GET IT DONE, AND GET A PLAN OUT THERE AND BE A PLANNING COMMISSION AND PLAN FOR THE COMPLETE AND, AND UNIVERSAL AND, AND HOPEFULLY UNIFORM, UM, UH, AMENDMENTS ACROSS THE ENTIRE DISTRICT.

THANKS, MADAM CHAIR.

THANKS SO MUCH COMMISSIONER HAYES.

SO, POINT OF CLARIFICATION, PLEASE.

I HAVE A QUESTION.

'CAUSE, UM, UH, COMMISSIONER, UH, SAID THAT WE, THAT HE GETS THAT WE DON'T HAVE AUTHORITY TO ZONE UNIVERSITY PROPERTY.

BUT THAT'S NOT MY UNDERSTANDING.

CAN WE, MY UNDERSTANDING IS THAT WE DO HAVE AUTHORITY TO ZONE STATE PROPERTY THAT FALLS WITHIN THE CITY LIMITS.

IS THAT, IS MY UNDERSTANDING INCORRECT MADAM CHAIR SINCE I MAY, THERE IT, IT'S A, I DON'T KNOW IF LEGAL'S HERE, BUT, UM, I'M, ANYWAY, UH, IT'S MY UNDERSTANDING THAT IT'S AN OPEN QUESTION.

THE CITY SAYS WE DO HAVE THE AUTHORITY.

BETTER, BETTER PERSON TO ANSWER THAT QUESTION.

MADAM CHAIR.

COMMISSIONERS.

GOOD EVENING, JORGE WITH, UH, THE PLANNING DEPARTMENT.

IT'S OUR UNDERSTANDING THAT WHEN IT COMES TO STATE PROPERTY, IF IT'S USED FOR PRIVATE PURPOSES THAT ARE NON UNIVERSITY RELATED, THERE IS THE ABILITY FOR THE CITY TO APPLY ZONING JURISDICTIONS TO THOSE SPECIFIC ACTIVITIES.

WHEN THERE ARE UNIVERSITY RELATED ACTIVITIES, ZONING DOES NOT APPLY TO THOSE ACTIVITIES.

THANK YOU, MADAM CHAIR.

THANK YOU.

DID THAT HELP CLARIFY YOUR QUESTION, COMMISSIONER PHILLIPS? OKAY.

ALL RIGHT.

UM, OKAY.

UNLESS THERE'S OTHER QUESTIONS OR COMMENTS.

IS THERE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA IN THE MINUTES? OKAY.

MOTION BY VICE CHAIR, SECOND BY COMMISSIONER WOODS.

ALL THOSE IN FAVOR? COMMISSIONER COX.

AND THEN

[00:20:01]

OKAY.

COMMISSIONER MUHAS OFF THE DIOCESE.

THAT WAS UNANIMOUS.

LET'S MOVE ON.

OKAY.

WE DO HAVE A LARGE NUMBER OF DISCUSSION CASES TONIGHT.

SO I PROPOSE THE FOLLOWING CHANGES TO OUR RULES.

UM, WE'LL HAVE A QUESTION AND ANSWER ROUND ROBIN INSTEAD OF OUR USUAL EIGHT COMMISSIONERS AT FIVE MINUTES EACH.

I'M PROPOSING FIVE MEMBERS AT THREE MINUTES EACH.

AND THEN DURING THE DEBATE, SPEAKING FOR AND AGAINST THE PRIMARIES WOULD GET TWO MINUTES EACH WITH THE SECOND AND THIRD SPEAKING FOR AND AGAINST ONE MINUTE EACH.

SO IT'LL HELP US SAVE A LITTLE BIT OF TIME.

UM, IF THERE'S A, A MOTION AND A SECOND, UM, WE'LL JUST TAKE A VOTE ON THAT.

I'LL MAKE THE MOTION TO CHANGE OUR RULES TONIGHT BASED ON WHAT I JUST SAID.

IS THERE A SECOND? OKAY.

UM, ALL THOSE IN FAVOR, MADAM CHAIR? IS THERE A DISCUSSION? UM, SURE.

UM, OTHER THAN THE LENGTH OF THE AGENDA AND I I WILL ADMIT IT LOOKS LONG.

UM, IS THERE A REASON THAT WE WOULD LIMIT PUBLIC DEBATE AND PUBLIC QUESTIONS TONIGHT? NO.

I MEAN, WE'RE LOOKING AT MIDNIGHT ALREADY.

I UNDERSTAND THAT.

UM, OKAY.

CAN I, CAN I PROPOSE AN, AN AMENDMENT THAT WE, WE ACCEPT THE LIMITATIONS ON THE SPEAKING TIME FOR THE MOTION, BUT DO NOT LIMIT THE QUESTION TIME.

I COULD SUPPORT IT IF WE MADE THAT CHANGE.

JUST KNOW THAT WE CAN ALWAYS VOTE TO EXTEND THE QUESTIONS IF WE FIND THAT WE'RE RUNNING OUT OF SPACES.

UH, BUT YOU CAN STILL MAKE THAT MOTION AS A SUBSTITUTE.

I'LL MAKE THAT MOTION AS A SUBSTITUTE THERE A SECOND.

OKAY.

UM, DID YOU WANNA SPEAK TO THAT COMMISSIONER COX? NO, I JUST THINK IT'S VERY, VERY IMPORTANT THAT WE GET ALL OF OUR ANSWERS, UH, ALL OF OUR QUESTIONS ANSWERED.

AND I'VE HEARD MANY TIMES WE CAN ALWAYS EXTEND, WE CAN ALWAYS EXTEND AND, AND, UH, SOMETIMES WE DON'T.

SO I WOULD JUST LIKE TO KEEP THAT OPEN CHAIR CAN CLARIFY SOMETHING.

SO, UH, COMMISSIONER COX, ARE YOU SAYING EIGHT MEMBERS AT THREE MINUTES OR EIGHT MEMBERS AT FIVE MINUTES? EIGHT AT FIVE FOR THE QUESTIONING, WHICH IS OUR STANDARD, IF I REMEMBER CORRECTLY.

BUT THEN, UH, WHAT CHAIR HEMPEL HAD INDICATED FOR REDUCING THE TIME FOR SPEAKERS ON MOTIONS? SO EIGHT AT FIVE.

OKAY.

LET'S GO AHEAD AND TAKE A VOTE ON, UM, COMMISSIONER COX'S MOTION.

ALL THOSE IN FAVOR? COMMISSIONER ANDERSON? UM, COMMISSIONER MOELLER? I CAN'T TELL WHAT COLOR THAT IS.

OKAY.

ONE, TWO.

I'M GREEN IN FAVOR.

THREE FOUR.

COMMISSIONER HOWARD, WHAT WAS YOUR VOTE? OKAY, 2, 3, 4.

COMMISSIONER ANDERSON, WERE YOU? FOUR? OKAY, SO THAT'S FIVE.

THAT MOTION FAILS.

UM, WE'LL GO BACK TO THE ORIGINAL PROPOSAL OF, UH, FIVE MEMBERS AT THREE WITH, UH, SHORTENED SPEAKING FOR AND AGAINST ALL THOSE IN FAVOR.

1, 2, 3, 8, 9.

OKAY, THAT PASSES NINE TO TWO.

NINE TO THREE.

YES.

THANK YOU SO MUCH, MUCH.

ALRIGHT, WE'LL MOVE ON

[Items 8 & 9]

TO OUR PUBLIC HEARINGS.

SO, UM, LET'S SEE.

MR. RIVERA, ARE YOU GOING TO MC OUR SPEAKERS? THANK YOU CHAIR.

I WILL FOR YOUR, WELL FIRST HEAR FROM STAFF AND OUR FIRST, UM, ITEM THIS EVENING IS, UM, SEVEN 300 METRO CENTER.

UH, IT'S A NPA AND A REZONING.

ITEM NUMBER EIGHT IS PLAN AMENDMENT NPA 20 23 0 0 1 4 0.0 3 7 3 0 0 METRO CENTER DRIVE WITHIN THE SOUTHEAST COMBINED NEIGHBORHOOD PLANNING AREA.

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

IT IS NOT RECOMMENDED BY STAFF.

WE DID NOT RECEIVE A LETTER OF RECOMMENDATION FROM THE SOUTHEAST COMBINED NEIGHBORHOOD PLAN CONTACT TEAM.

THE BASIS FOR STAFF RECOMMENDATION, WE DO NOT SUPPORT THE APPLICANT'S REQUEST TO CHANGE THE FUTURE LAND

[00:25:01]

USE MAP FROM INDUSTRY TO MIXED USE TO ALLOW THE CONSTRUCTION OF 280 MULTIFAMILY RESIDENTIAL UNITS BECAUSE THE PROPERTY IS LOCATED WITHIN THE MCKINNEY JOBS CENTER WHERE RESIDENTIAL USES ARE NOT COMPATIBLE WITH THE DOMINANT INDUSTRIAL CHARACTER OF THE AREA.

INDUSTRIAL LAND USES SHOULD BE PRESERVED TO PROVIDE MUCH NEEDED SPACE FOR SMALL BUSINESSES, WAREHOUSE MANUFACTURING, AND BLUE COLLAR JOBS.

GOOD EVENING COMMISSIONERS.

THIS IS ITEM NUMBER NINE ON YOUR AGENDA.

CASE NUMBER C 14 20 23 0 9 3 7300 METRO CENTER.

THE PROPERTY IS LOCATED AT 70 7300 METRO CENTER DRIVE.

IT IS CURRENTLY ZONED LINP AND THE APPLICANT IS REQUESTING L-I-P-D-A AND P.

THE SUBJECT REZONING AREA IS APPROXIMATELY 9.6 ACRES AND IS UNDEVELOPED.

THE PROPERTY IS SITUATED JUST SOUTH OF EAST BEND, WHITE BOULEVARD AND NORTH OF METRO METROPOLITAN, UH, DRIVE AND IS LOCATED WITHIN THE MCKINNEY JOB CENTER.

THE APPLICANT PROPOSES TO REZONE THE PROPERTY TO L-I-P-D-A AND P DISTRICT ZONING FOR A MULTIFAMILY PROJECT THAT WILL INCLUDE 280 RENTAL UNITS WITH 441 PARKING SPACES AND 62 BICYCLE SPACES.

THE METRO CENTER DRIVE RIGHT OF WAY WILL BE EXTENDED TO PROVIDE ACCESS TO THE PROPOSED DEVELOPMENT.

THE STAFF'S RECOMMENDATION IS TO DENY THE APPLICANT'S REQUEST FOR L-I-P-D-A AND P COMBINING DISTRICT SINCE THE PROPERTY IS LOCATED IN AN IMAGINE AUSTIN JOBS CENTER WHERE THE DOMINANT CHARACTER, CHARACTER OF THE AREA IS INDUSTRIAL AND GENERALLY DOES NOT SUPPORT RESIDENTIAL USES.

THE SOUTHEAST NEIGHBORHOOD PLAN SUPPORTS MAINTAINING THE INDUSTRIAL USES AND ENCOURAGES NEW INDUSTRIAL AND COMMERCIAL USES, WHICH WILL ALLOW SPACE FOR SMALL BUSINESSES.

UM, I'M HERE IF YOU HAVE ANY QUESTIONS.

THANK YOU.

THANK YOU CHAIR.

I'LL HEAR FROM THE APPLICANT.

AND, UH, PLEASE NOTE, UH, IN YOUR INBOX YOU WILL FIND A, UH, EMAIL I AM SENDING YOU IN REGARDS TO THIS ITEM FROM THE NEIGHBORHOOD.

HELLO COMMISSIONERS.

I'M LEAH BOJO WITH RENER GROUP HERE ON BEHALF OF THE APPLICANT.

UM, DO I HAVE A CALL? YEAH.

UM, SO WE ARE, I WILL TRY NOT TO REPEAT WHAT MAUREEN DESCRIBED.

IS THIS THE, IS THIS THE RIGHT? OKAY, THAT SOUNDS GREAT.

SORRY ABOUT THAT.

NEXT SLIDE, PLEASE.

UH, I'LL TRY TO, TO BE EFFICIENT WITH YOUR TIME.

SO THIS IS THE PROPERTY, UM, HERE OUTLINED IN BLUE.

UM, I'M SO SORRY, I THINK THIS ISN'T THE RIGHT PRESENTATION.

UM, OKAY, THAT'S OKAY.

UM, I'LL JUST DESCRIBE IT.

SO, UM, DO YOU THINK COULD YOU HELP? IS DID YOU GET ONE EARLIER TODAY? UM, OKAY, SO, UM, THE PROP.

THANK YOU.

OKAY.

OKAY, SO HERE'S THE PROPERTY AND I APOLOGIZE.

UM, THE ONE, THAT'S IT.

AWESOME.

OKAY, SO THIS IS THE SITE.

UM, AND THE REASON THIS IS IMPORTANT IS BECAUSE YOU CAN SEE THERE THAT THE SITE, SO, SO IT'S A LITTLE, IT'S AN A PRETTY UNDEVELOPED AREA.

YOU CAN SEE WHERE METRO CENTER DRIVE IS CURRENTLY BUILT, WHERE THE YELLOW LINE IS.

UM, AND THEN IT WILL, THAT IS DEDICATED RIGHT OF WAY ADJACENT TO OUR PROPERTY.

SO RIGHT OF THE METRO CENTER DRIVE WILL HAVE TO BE BUILT ACROSS OUR PROPERTY.

SO THAT WOULD BE OUR ACCESS POINT.

AND THEN I WANTED YOU TO ALSO SEE THAT THERE IS, THAT THE TOP PART OF THE SITE IS ALREADY DEDICATED AS A PARKLAND EASEMENT.

SO IT'S ABOUT A 10 ACRE, UM, PARKLAND EASEMENT THERE TO THE NORTH OF THE, OF THE PROPERTY.

AND THEN ALSO IMPORTANTLY TO THE SOUTH.

THERE YOU CAN SEE THE FUTURE, UM, STROM SPUR TRAIL, UM, WHICH IS PLANNED TO BE CREATE, UH, CONSTRUCTION IS GONNA BEGIN IN FALL OF 2025.

SO THE COMPLETION OF THAT WORK WILL BE HAPPENING SIMULTANEOUS WITH THE CONSTRUCTION OF THESE APARTMENTS IF THIS APPLICATION IS APPROVED.

UM, SO I, I SAY ALL OF THAT TO SET THE CONTEXT FOR THE SITE IS NOT REALLY, UM, AN, I WOULDN'T CALL IT REALLY AN INDUSTRIAL AREA.

I WOULD CALL IT, UM, AN AREA IN TRANSITION.

UM, THERE ARE SOME, THERE ARE SOME INDUSTRIAL SITES NEARBY, BUT THEY'RE GENERALLY COMMERCIAL USES THAT WOULD BE ALLOWED IN CS.

THIS IS NOT REALLY, UM, THE KIND OF SITE THAT YOU WOULD EXPECT AN INDUSTRIAL AREA TO INCLUDE.

UM, NEXT SLIDE PLEASE.

THANK YOU.

SO HERE YOU CAN ALSO SEE THAT, FOR EXAMPLE, TO THE WEST, THERE IS, UM, CSMU AND THERE'S ACTUALLY A PERMITTED PROJECT.

IF IT HASN'T BROKEN GROUND YET, IT'S ABOUT TO, UM, ADJACENT TO THE WEST.

YOU CAN ALSO SEE THE MF FORESIGHT, UM, TO THE NORTH.

THERE, THERE ARE ALSO HOTELS, FOR EXAMPLE, ALONG, UM, BEN WHITE THERE.

AND YOU CAN, UM, ON THE M ON THE LI SITE ON TO THE

[00:30:01]

WEST OF THE MF FOUR OR TO THE CS SITE ON THE WEST TO THE WEST OF THE M THE MF FOUR SITE.

THERE ARE ALSO, UM, TWO VERTICAL MIXED USE BUILDINGS THAT ARE IN PERMITTING RIGHT NOW.

SO, UM, THIS IS A, AN AREA THAT, YOU KNOW, OBVIOUSLY HAS BEEN ZONED ALIVE FOR A LONG TIME, BUT IT IS NOT, UM, DEVELOPED WITH INDUSTRIAL USES.

AND IN FACT, THE PARCEL THAT WE'RE HERE ASKING TO RE TO REZONE, UM, HAS BEEN ZONED LI SINCE 1985 AND HAS BEEN VACANT THE WHOLE TIME.

UM, SO I THINK IT'S FAIR TO SAY THAT THIS SITE, FOR WHATEVER REASON, IS NOT, UM, A DESIRABLE, UM, LI OR EVEN COMMERCIAL SITE.

UH, NEXT SLIDE PLEASE.

SO WE ARE ASKING FOR L-I-P-D-A.

UM, WE'RE NOT CHANGING THE HEIGHT, THE, WE'RE KEEPING THE 60 FEET AND WE'RE NOT CHANGING THE FAR, WE'RE KEEPING THE ONE-TO-ONE.

WE'RE DOING WHAT I THINK Y'ALL SEE A LOT OF THE TIME, WHICH IS WE'RE ADDING MULTIFAMILY USES, UM, WITH MF FOUR SITE AREA REQUIREMENTS.

AND THEN WE'RE REMOVING, UM, THE HEAVY INDUSTRIAL USES, UM, OUT OF IT THAT ARE PERMITTED TODAY, EVEN WITH THAT ADJACENCY TO PERMITTED AND UNDER CONSTRUCTION MULTIFAMILY.

NEXT SLIDE PLEASE.

UM, HERE IS A, A BIGGER MAP OF THE BERKSHIRE SPUR TRAIL.

UM, I I, I WANNA POINT THIS OUT BECAUSE THIS, AND YOU CAN SEE THE STAR OF WHERE WE'RE, WHERE OUR SITE IS LOCATED.

THIS TRAIL IS, UM, A, AN AMAZING PROJECT FOR SOUTH AUSTIN.

IT'S A SIX AND A HALF MILE LENGTH THAT IS GONNA CONNECT OTHERWISE, UM, SORT OF ISOLATED AREAS, UM, TO ALL KINDS OF USES, AMENITIES, JOBS, THE AIRPORT.

UM, IT'S PRETTY INCREDIBLE AND IT IS, UM, IT GOES WITHIN A SHORT DISTANCE.

I'M HAPPY TO GO BACK TO THAT SITE IF YOU'D LIKE OF THE SITE.

UM, I WOULD, I WOULD NOT KNOW WHY WE WOULDN'T WANNA PUT RESIDENTS WITHIN THIS ADJACENCY TO THIS SITE.

I MEAN, THIS IS AN EXCELLENT, THIS IS GONNA BE AN AMAZING CHANGE FOR SOUTH AUSTIN.

UM, NEXT SLIDE PLEASE.

UM, SO THIS IS JUST A LITTLE BIT MORE SPECIFICS ABOUT WHERE, HOW THE TRAIL IS GOING TO BE BUILT AND WHERE, UM, SO YOU CAN SEE HERE SOME OF THE USES, LIKE ONE OF THOSE LI USES THAT IS DEVELOPED, FOR EXAMPLE, IS AN INSURANCE OFFICE.

UM, OUR, OUR SITE IS JUST TO THE NORTH THERE.

UM, WE'VE ALREADY TALKED WITH THE PARKS DEPARTMENT ABOUT THE CONNECTION FROM WHAT WILL BE METRO CENTER DRIVE THROUGH THE, THE EASTERN SIDE OF OUR SITE, AND THEN TO THE END OF THE BOTTOM CORNER OF OUR SITE.

AND THEN THEY'RE TALKING ABOUT TRYING TO, YOU KNOW, WORK WITH THE OTHER PROPERTY OWNERS THERE TO CONNECT, GET A CONNECTION ALL THE WAY DOWN TO THE BERGSTROM TRAIL.

SO AGAIN, WE WILL BE, WHILE WE'RE NOT EXACTLY ADJACENT, WE WILL BE, UM, ACCESSIBLE TO THE TRAIL.

THANK YOU.

NEXT SLIDE, PLEASE.

UM, THESE ARE ALL OF THE SITES THAT HAVE RESIDENTIAL USES EITHER, UM, THEY'RE EITHER IN THE ZONING, THEY'RE UNDER PER, THEY'RE UNDER IN PERMITTING OR THEY HAVE APPROVED SITE DEVELOPMENT PERMITS.

SO, UM, THERE'S QUITE A BIT OF RESIDENTIAL ALREADY IN THIS AREA, UM, AS YOU CAN SEE BY THE, THE ONES, UM, OUTLINED IN RED.

NEXT SLIDE PLEASE.

UM, AND THEN THIS IS A MAP OF THE JOB CENTER THAT WAS REFERENCED BY STAFF.

UM, SO IT'S THE MCKINNEY CENTER, IT, THIS IS THE IMAGINE FROM THE IMAGINE AUSTIN PLAN.

IT'S VERY LARGE AS YOU CAN SEE HERE.

UM, YOU CAN SEE WHERE OUR SITE IS LOCATED.

IT'S, UM, I DON'T, I FIND IT HARD TO IMAGINE THAT WE WOULD SAY WE DON'T WANT ANY NEW RESIDENTIAL IN THIS ENTIRE AREA.

UM, THIS IS A, FIRST OF ALL, IT'S A HUGE PART OF THE CITY.

UM, IT'S OBVIOUSLY CO IT, IT, IT COVERS AN IMPORTANT PART OF THE CITY THAT I THINK WE WOULD WANNA USE TO ABSORB RESIDENTIAL USES.

AND THEN WE ALSO, I THINK, WOULDN'T WANNA SET AN AREA LIKE THIS, UM, OFF LIMITS FOR NEW RESIDENTIAL.

UM, NEXT SLIDE.

I'LL JUST, THIS IS THE LAST ONE ACTUALLY.

SO THE, THE NEIGHBORHOOD CONTACT TEAM DID EMAIL JUST THIS AFTERNOON.

THEY DID VOTE IN SUPPORT.

UM, ANA GEARY WAS NOT ABLE TO BE HERE TONIGHT.

SHE APOLOGIZED FOR THAT.

BUT I, WE DO HAVE THE NEIGHBOR'S SUPPORT ON THIS.

AND, UM, AND WITH THAT I'LL MAKE MYSELF AVAILABLE FOR QUESTIONS.

THANK YOU.

THANK YOU.

UH, CHAIR.

SO THE ONLY OPPOSITION ON THIS MATTER WOULD BE, UH, STAFF AND THERE'S NO SPEAKERS IN, UH, IN OPPOSITION.

SO THE APPLICANT DOES HAVE A THREE MINUTE REBUTTAL IF THEY WISH TO, UM, UTILIZE THAT CHAIR.

THAT CONCLUDES THE SPEAKERS ON THIS ITEM CHAIR.

POINT OF PRIVILEGE.

YES.

I'M SORRY.

SEE, TIM, WE'RE NOT GETTING ANY OF HIS, UH, VOCALS AND THE SPEAKERS UP HERE.

I COULDN'T HEAR WHAT HE SAID.

IT'S JUST A LITTLE MUDDY COMING FROM CHAIR.

CAN YOU HEAR ME NOW? IS THAT BETTER? NO, TINY BIT BETTER.

YEAH.

HOW ABOUT, UM, CHAIR COMING? ARE YOU, IT SEEMS LIKE IT'S COMING THROUGH THE SPEAKERS TOWARDS THE, UH, GALLERY AS OPPOSED TO THE DIOCESE, BUT I'LL MUDDLE THROUGH.

WE'LL WORK ON THAT THROUGHOUT THE EVENING.

THANK YOU.

ALL RIGHT.

IS THERE, UM, A MOTION TO CLOSE, UM, CHAIR? I HAVE A COUPLE OF QUESTIONS DURING THE HEARING IF THAT'S OKAY.

I'M, SO THAT THEY'RE ON THE, THAT THEY'RE PART OF THE HEARING.

UM, ANDREW, HOW WOULD WE HANDLE THAT? WOULD JUST BE, I'M SORRY, I, I MISSED THE INQUIRY.

I, I WANT TO, I I WOULD LIKE THE APPLICANT.

I, I JUST WANTED, I HAVE A COUPLE QUESTIONS TO BE DURING THE HEARING AS OPPOSED TO QUESTION TIME.

SO, UM, BY YOUR ROLES, DO YOU, UH, THAT HAVE BEEN ESTABLISHED, THAT WOULD BE THROUGH YOUR Q AND A

[00:35:03]

COMMISSIONER HANDS.

CAN WE USE YOUR Q AND A TIME FOR THAT? HOLD OFF FOR MICROPHONE PLEASE.

OKAY.

IS THERE A MOTION TO CLOSE THE PUBLIC HEARING A SECOND? UM, WE CAN MOVE TO CLOSE THE PUBLIC HEARING.

OKAY.

MOTION MAY BY, UH, COMMISSIONER BARR RAMIREZ.

AGAIN BY COMMISSIONER JOHNSON.

ALL THOSE IN FAVOR? OKAY.

THAT IS UNANIMOUS.

LET'S MOVE TO OUR, UM, Q AND A.

SO FIRST, COMMISSIONER, COMMISSIONER HAYNES? NO.

ALL RIGHT.

UH, COMMISSIONER COX.

YEAH.

QUESTIONS FOR THE APPLICANT? UM, SO THE EMAIL THAT WE GOT FROM THE CONTACT TEAM SAID THAT THEIR SUPPORT WAS CONDITIONED ON A REQUEST FOR AFFORDABLE HOUSING.

HAVE YOU MADE AN AGREEMENT OF SOME SORT WITH THE NEIGHBORHOOD TO SATISFY THAT REQUEST? WHAT WE HAVE TALKED ABOUT WITH THE NEIGHBORHOOD IS THAT THESE MARKET RATES FOR THESE UNITS ARE EXPECTED TO BE 70 TO 80% MFI BASED ON THE LOCATION.

UM, WE HAVE NOT TALKED WITH THEM ABOUT SETTING SOME ASIDE, BUT WHAT WE DID TALK ABOUT TODAY AFTER MS. AGUIRRE SENT THAT EMAIL WAS THAT IF THERE'S ANY OTHER OUTSTANDING ITEMS THAT SHE WANTS TO TALK ABOUT BEFORE COUNSEL, WE COULD TALK ABOUT THEM.

BUT THEY'RE IN, THEY, SHE SAID THAT THEY ARE IN SUPPORT, SO THERE'S NO, THERE'S NO ACTUAL AGREEMENT TO CORRECT.

GET THE NEIGHBORHOOD SUPPORT.

THEN, UM, THERE IS AN, I MEAN, THEY ARE SUPPORTING THE PROJECT AS WAS DESCRIBED IN THAT EMAIL.

AND THEY ASKED US WHAT THE LEVEL OF MULTIFAMILY OF AFFORDABILITY WOULD BE BY MARKET, AND WE TOLD THEM, AND THEN SHE SAID THAT WE WOULD, SHE WOULD LIKE TO TALK FURTHER ABOUT AN, AN AGREEMENT.

SO IF WE DO DECIDE TO DO THAT, WE WOULD HAVE IT BEFORE COUNCIL.

OKAY.

BUT THEY'RE SUPPORTING THE PROJECT REGARDLESS, WHICH IS WHY SHE SENT THAT NOTE.

OH, WELL, SHE SAID SOMETHING OTHERWISE THE WAY I READ IT.

BUT ANYWAYS, UM, IN, IN LIKE 30 SECONDS OR LESS, CAN YOU EXPLAIN TO ME WHY YOU JUST AREN'T GOING FOR MF FOUR AND WHY WE'RE BUILDING AN MF FOUR PROJECT UNDER AN INDUSTRIAL ZONING? I CAN, UM, WE ARE TRYING TO KEEP AS MANY OF THE COMMERCIAL USES AS POSSIBLE.

UM, IN CASE THIS, SO I'M REPRESENTING THE BUYER OF THE PROPERTY AND THEY ARE INTENDING TO DO MULTI-FAMILY.

UM, IF FOR SOME REASON WE'RE NOT ABLE TO CLOSE ON THE PROPERTY, THE SELLER WOULD RETAIN IT AND WOULD BE ABLE TO USE SOME OF THE COMMERCIAL USES THAT ARE AVAILABLE STILL THROUGH THE L-I-P-D-A.

IS THERE NOT A MORE APPROPRIATE ZONING THAT PROVIDES FOR COMMERCIAL AND MULTIFAMILY MIXED USE THAT'S NOT INDUSTRIAL.

I MEAN IT'S INDUSTRIAL TODAY, WHICH IS WHY WE USED THAT MECHANISM.

WE JUST ADDED A PDA TO AN EXISTING ALLY SITE.

UM, IF THAT'S SOMETHING THAT YOU WOULD LIKE TO TALK ABOUT, WE COULD, WE COULD TALK ABOUT IT.

BUT I HAVEN'T DONE A COMPARISON OF THE USES.

WELL, I JUST, I AM EXTREMELY UNCOMFORTABLE WITH BUILDING RESIDENTIAL PROJECTS ON AN INDUSTRIAL ZONING.

SO ALL OF THE HEAVY INDUSTRIAL USES HAVE BEEN, HAVE BEEN PULLED OUT THE USES THAT ARE THERE TODAY.

NO, NO, NO, NO.

I, I UNDERSTAND WE CAN CONDITION ZONING ALL WE WANT TO MAKE IT WHAT IT'S NOT INTENDED TO BE.

BUT, BUT I JUST AM CONFUSED WHY WE WOULD DO L-I-P-D-A AND NOT SOME SORT OF MIXED USE ZONING THAT HAS ACTUALLY INTENDED FOR A MIX OF COMMERCIAL AND RESIDENTIAL USES.

IS THAT THE REQUEST IS WAS IT WAS BASED ON THE IDEA THAT IT'S ALLY TODAY AND THAT THE PDA WOULD CHANGE THE USES.

WELL, THAT DOESN'T MAKE A LOT OF SENSE TO ME, BUT, BUT THANK YOU.

OKAY, NEXT QUESTION.

MR. JOHNSON.

THANK YOU.

I HAVE A QUESTION FOR STAFF, UM, ABOUT THE IMAGINE AUSTIN PLAN DESIGNATION FOR THIS SITE.

UM, WHEN YOU'RE INTERPRETING THE BOUNDARIES OF A PLAN DESIGNATION, UH, LOOKING AT THE MAPS IN THE ADOPTED PLAN, THEY'RE INCREDIBLY LOOSE.

I MEAN, THEY'RE JUST KIND OF BRUSHSTROKE BLOBS ACROSS THE CITY.

THEY'RE NOT PARCELIZED OR, OR MAPPED OUT ON A SORT OF CLEAR DELINEATED BOUNDARY.

SO HOW DO YOU KNOW WHERE EXACTLY YOU INTERPRET THOSE BOUNDARIES, UH, FOR, FOR PLAN DESIGNATIONS? WELL, FOR THIS, THIS PROPERTY IN PARTICULAR, IT IS NEAR, UH, THE HIGHWAY.

IT'S NOT TOO FAR FROM THE AIRPORT OVERLAY.

IT HAS INDUSTRIAL ZONING AROUND IT.

UM, SO WE FELT THAT WAS A PRETTY SOLID AREA WHERE, UM, INDUSTRIAL USES SHOULD BE PRESERVED AND RESIDENTIAL USES NOT BE ADDED.

I KNOW WE'VE TALKED ABOUT IN THE PAST THAT THE BOUNDARIES ARE NOT LOT BY LOT, BUT GIVEN THAT THIS PROPERTY WAS WELL WITHIN THE BOUNDARIES

[00:40:01]

OF THAT, UH, MCKINNEY'S JOB CENTER, WE FELT THAT THERE WAS NO, UM, WISHY WASHINESS TO THIS PROPERTY.

THANK YOU.

NEXT QUESTION.

IS THERE A MOTION VICE CHAIR, CHERYL? I'LL MAKE A MOTION TO MOVE WITH APPLICANT'S REQUEST.

THERE'S A SECOND POINT OF ORDER.

CAN YOU SPECIFY THAT IS FOR THE NEIGHBOR PLAN AMENDMENT? I APPRECIATE THAT.

UM, SEC, UH, OUR TREASURY PARLIAMENTARIAN FOR THAT REMINDER.

UM, THAT YES, THIS WAS BOARD FOR THE NP AND THE REZONING.

THANK YOU.

I'LL SECOND.

I'LL SECOND.

OKAY.

WOULD YOU LIKE TO SPEAK TO YOUR MOTION? UM, COULDN'T YOU REPEAT THAT? 'CAUSE LIKE MR. RIVERAS, MIKE, YOUR DIDN'T COME THROUGH ON THIS END OF THE DASH.

I APPRECIATE THAT.

I'LL TRY TO MAKE THIS AS CLEAR AS POSSIBLE.

SO I'M MOVING APPLICANT REQUEST IN BOTH THE NEIGHBORHOOD PLAN AMENDMENT AND ON THE REZONING FOR THE CASE.

UM, AND CHAIR, SIR, SPEAKING TO THE, UM, MOTION.

I'LL SAY, YOU KNOW, THIS IS NOT A NEW ISSUE THAT HAS COME BEFORE US.

YOU KNOW, I BROUGHT THIS UP TO STAFF PREVIOUSLY AS WELL.

MULTIPLE TIMES NOW, THE NEIGHBORHOOD CONTACT TEAM HAS COME AND TOLD US THAT THEY WOULD LIKE TO SEE MORE RESIDENTIAL USES IN A MOVE AWAY FROM INDUSTRIAL IN THIS PART OF THE CITY ALONG BEN WHITE.

I'LL ALSO BE HONEST, WE HAVE HEARD CLEARLY FROM RESIDENTS IN THE PAST THAT FRANKLY, IT, IT IS A BIT OF AN INJUSTICE THAT WHEN THIS AREA WAS, UH, WHEN THE NEIGHBORHOOD PLAN WAS BEING DEVELOPED, THERE WAS THIS LARGE MASS OF INDUSTRIAL THAT WAS ADDED THERE THAT WE SOMEHOW CONTINUE TO FIGHT TO PRESERVE.

AT THE SAME TIME, A NUMBER OF OTHER INDUSTRIAL AREAS IN THE CITY, WE HAVE ACTUALLY MINIMIZED THEM AND ERADICATED THEM.

SO THIS SOUTHEAST, UH, COMBINED NEIGHBORHOOD CONTACT TEAM CONTINUES TO COME AND TELL US THAT THIS IS NOT WHAT THEY WOULD WISH TO DO.

AND I HAVE PREVIOUSLY ASKED STAFF TO LOOK INTO SEEING THAT IF THERE'S A WAY TO LOOK AT THE PLANNING FOR THIS AREA, TO CONSIDER THAT MORE HOLISTICALLY AND ENSURE THAT WE ARE MORE ALIGNED WITH THE VALUES THAT THE NEIGHBORHOOD HAS TODAY.

IN ADDITION, IF WE HAVE RESIDENTIAL ZONING AROUND IT, IT MAKES SENSE TO CONTINUE THAT.

AND AGAIN, OUR COMMISSION HAS PREVIOUSLY PASSED A NUMBER OF SIMILAR CASES, SO WE DO SEE THAT THERE'S A CERTAIN MOVE IN THIS PART OF THE CITY.

THANK YOU.

SPEAKING AGAINST MR. COX.

YEAH, I I'M JUST GONNA BELABOR THE POINT THAT I DON'T THINK WE WOULD, WE SHOULD BE USING L-I-P-D-A FOR WHAT IS REQUESTED AS A MULTIFAMILY PROJECT.

IT, IT, IT, IT JUST IS COMPLETELY COUNTER TO THE DEFINITIONS.

WE HAVE THE BASIC DEFINITIONS OF ZONING, ZONING, UM, ZONING.

I DO UNDERSTAND AND, AND, AND GENERALLY AGREE WITH THE, THE NEIGHBORHOOD'S, UH, DESIRE TO MOVE TOWARDS RESIDENTIAL.

BUT I DON'T THINK THAT THIS PROJECT SPECIFICALLY ADDRESSES THE, THE NEIGHBORHOOD'S CONDITIONS FOR APPROVAL.

UM, AND SO I, I JUST, I JUST WISH THAT APPLICANTS WOULD COME TO US WITH A ZONING CATEGORY, WITH A ZONING REQUEST THAT ACTUALLY MEETS THE INTENT OF THEIR PROJECT AND NOT TRY TO FRANKENSTEIN AN INDUSTRIAL ZONING TO MAKE IT MORE PALATABLE, UH, TO PUT RESIDENTIAL IN THE MIDDLE OF AN INDUSTRIAL AREA.

SO I DON'T THINK I CAN SUPPORT THIS.

THANK YOU.

I WAS SPEAKING FOR MR. SURE.

SO I TOOK A LOOK AT JUST KIND OF TRAVEL AROUND THE SITE AND, YOU KNOW, IT'S THREE QUARTERS OF A MILE TO THE NEXT CLOSEST BUS STOP, WHICH HAS 30 MINUTE SERVICE.

YOU CAN GET TO HEB, IT'S AN 11 MINUTE DRIVE TO HEB.

IT'S A 30 MINUTE BUS RIDE TO HEB, WHICH I THINK IS A, YOU KNOW, DESTINATION.

FOLKS HERE WILL WANT TO GO TO.

IT'S, YOU KNOW, IT'S, YOU CAN TAKE THE BUS TO A CC, THERE'S REALLY GREAT CONNECTIVITY IN THE AREA, EVEN THOUGH IT DOESN'T, IT SEEMS VERY INDUSTRIAL.

UM, ALSO IT'S A MILE FROM THE YELLOW JACKET STATION.

SO THERE'S A LOT OF, UM, POTENTIAL AND EVEN THE BERKSHIRE, UM, SPUR TRAIL, EVEN THOUGH IT'S A WHILE AWAY, I THINK, UM, YEAH, THERE'S A LOT OF GREAT CONNECTIVITY IN THE AREA AND I THINK FOR ME IT WAS THE PARK SEEING THE PARKLAND DEDICATION THAT SAID, OKAY, IT WILL BECOME MORE LIKE A PLACE WHERE YOU COULD LIVE AND NOT SO MUCH SURROUNDED BY PARKING.

UM, SO THE TRAIL AND THE PARKLAND REALLY HELPED ME TO VISUALIZE HOW IT COULD BE RESIDENTIAL.

THANK YOU.

ANYONE SPEAKING AGAINST COMMISSIONER MU? I, I DON'T THINK, THINK THERE'S ANY QUESTION THAT THIS WOULD BE A, UM, THE CITY'S CHANGING A LOT AND THIS IS A GOOD OPPORTUNITY TO BRING IN RESIDENTIAL AND MIXED USE THERE.

I, I THINK THAT WOULD BE VERY BENEFICIAL GIVEN THE LOCATION, EVERYTHING THAT, UM, COMMISSIONER RAMIREZ SPOKE OF.

I, I DO HAVE TO SAY I AM ALSO CONCERNED ABOUT THE L-I-P-D-A.

UM, I THINK THAT OPENS UP TO UNINTENDED USES AND UNINTENDED CONSEQUENCES.

SO IT FEELS LIKE WE'RE BEING KIND OF ASKED TO SPECULATIVELY SPOT ZONE

[00:45:01]

ON THIS PROPERTY.

THEY, THEY HAVE A DEAL THAT MAY OR MAY NOT TRANSACT AND EACH PARTY IN THE DEAL NEEDS A PARTICULAR WAY TO MAKE IT WORK FOR THEM.

AND SO WE'RE GETTING THE MISHMASH OF BOTH WITHOUT REALLY GETTING THE DESIRED END PRODUCT.

SO I'D RATHER SEE IT GET FLESHED OUT A LITTLE BIT MORE AND, AND COME TO US WITH A REAL CLEAR ZONING REQUEST.

I DON'T THINK WE SHOULD BE MIXING THE INDUSTRIAL THERE, EVEN THOUGH IT'S LIMITED.

I DON'T THINK WE SHOULD BE MIXING IT THERE.

IF WE WANNA CONVERT IT INTO RESIDENTIAL, I THINK THAT NEEDS TO BE VERY CLEAR AND DISTINCT AND WE, WE HAVE A LOT OF OPTIONS TO ALLOW FOR SOME COMMERCIAL IN THAT AREA.

UM, AND TOOLS THAT COULD BE USED AND MAYBE WE'LL GET SOME OTHER TOOLS.

, I KNOW WE KEEP TALKING ABOUT THAT.

UM, BUT I'M STILL HOPEFUL THAT'S GONNA COME TO US.

SO I I JUST DON'T THINK THIS IS THE RIGHT ZONING REQUEST, UM, FOR THIS PROPERTY.

THANK YOU.

ANYBODY SPEAKING FOR MR. PHILLIPS? SO I HAVE A QUESTION REALLY ABOUT, UM, IS IT APPROPRIATE TO OFFER A FRIENDLY AMENDMENT TO COMMISSIONER R'S MOTION? IT'S APPROPRIATE.

OKAY.

UM, AND I, I JUST WOULD LIKE TO SUPPORT THIS, BUT ALSO TO SUPPORT WHAT THE NEIGHBORHOOD CONTACT TEAM BROUGHT TO US IN THE WAY OF WHAT THEY SAW IS SOMETHING OF A, A DEEP NEED.

AND I THINK WE WOULD ALL ACKNOWLEDGE THAT.

UH, AND, AND EVEN THE APPLICANT ACKNOWLEDGED AT THE 70% OF THE MFI CAN WE HAVE A, AN AMENDMENT THAT SAYS THAT THEY WILL WORK WITH THE NEIGHBORHOOD TO ACHIEVE THAT AGREEMENT IF WE GO FORWARD WITH THIS US UNFORTUNATELY, NO.

UM, WE CANNOT MAKE, UM, AFFORDABLE HOUSING IN PART OUR CONDITION OF ZONING, BUT I'M, I'M NOT DOING THAT.

THEY, THEY BROUGHT THE, THE APPLICANT BROUGHT UP THE FACT THAT THE NEIGHBORHOOD BROUGHT THIS UP AND SAID THAT THIS WAS ONE OF THE CONDITIONS THAT THEY WOULD LIKE TO SEE GOING FORWARD.

AND I'M JUST ASKING THAT WE AS THE PLANNING COMMISSION HONOR THAT.

SO THAT'S WHAT I'M ASKING FOR.

IF, IF IT HAD NOT BEEN BROUGHT UP, THEN I, I WOULDN'T BE ASKING ABOUT IT.

I CAN COMMIT TO YOU THAT WE WILL CONTINUE TALKING TO THE NEIGHBORHOOD THAT'S CONSISTENT WITH THE CONVERSATION I HAD WITH, WITH MS, UH, AGUIRRE THIS AFTERNOON.

THANK YOU.

BUT I WOULD LIKE SOMETHING A LITTLE BIT MORE, UM, YOU KNOW, FIRM THAN THAT IN THE WAY OF OUR, OUR AMENDMENT AND, AND IN THE WAY OF THE MOTION ON THE TABLE.

OH, I'M, I'M GETTING A SIGNAL THAT WE CANNOT, WE CANNOT MAKE THAT A PART.

THE MOTION.

OH, MS. ESTRADA JUST WANT TO NOTE THAT PER STATUTORY 25 2, IT'S, THAT IS NOT ALLOWED TO BE ADDED TO THE, UM, MOTION.

SO, SO WHAT'S THE, SO COULD YOU EXPLAIN THAT FOR THE PUBLIC SO THAT YOU'RE NOT TALKING IN LEGALESE? THANK YOU FOR A, A, UH, OH GOD, JOY, HARD AND PLANNING DEPARTMENT.

SO FOR A ZONING CASE FOR PS OR UH, DENSITY BONUS, YOU CAN REQUIRE AFFORDABLE HOUSING 'CAUSE IT'S OUTLINED.

THIS IS A PLAN DEVELOPMENT AREA.

AND SINCE A PLAN DEVELOPMENT AREA DOES NOT REQUIRE AFFORDABILITY BY STATE LAW, WE CANNOT ADD IT OR MAKE ANY SORT OF MOTION THAT'S OUTSIDE OF THE ZONING CODE.

SO EVEN SAYING SPEAK TO OR, UH, TALK TO THE NEIGHBORHOOD THAT IS NOT PART OF 25 2 OUR ZONING CODE.

AND SO THAT CANNOT BE ALLOWED PER PART OF THE MOTION.

SO THEN WOULD IT BE APPROPRIATE TO ASK FOR A POSTPONEMENT UNTIL THAT CONVERSATION HAPPENS AND THEN COMES BACK TO US? AND THAT WOULD BE UP TO THE WILL OF THE COMMISSION.

OKAY.

YEAH.

CHAIR, COMMISSIONER, LAY ON ANDREW.

SO JUST, UH, PART OF THAT IS THAT THIS, UH, YOUR RECOMMENDATION SHOULD STAND ALONE AND NOT, UH, APPEAR TO BE DEPENDENT ON THAT MATTER.

UM, AND WHAT I WILL DO IS RECENT A MEMORANDUM IN REGARDS TO THIS INQUIRY.

SO AM I HEARING CORRECTLY THOUGH THAT COMMISSIONER PHILLIPS COULD MAKE A MOTION TO POSTPONE THE ITEM? NO, THE ITEM CAN BE, UH, POSTPONED, UH, THE DESIRE OF THE COMMISSION.

HOWEVER, YOUR RECOMMENDATION SHOULD NOT BE DEPENDENT ON THAT MATTER.

OKAY.

SO I'M REALLY CONFLICTED HERE BECAUSE WE'RE BEING TOLD LIKE SO MANY DIFFERENT THINGS HERE AND, AND THEY DON'T MAKE A LOT OF SENSE TO THE PUBLIC AND THEY DON'T MAKE A LOT OF SENSE TO ME.

WE'RE BEING TOLD THAT EVEN THOUGH

[00:50:01]

WE HAD A DISCUSSION ABOUT WHAT THE NEIGHBORHOOD ASKED FOR IN ORDER TO SUPPORT THIS, THIS, UH, PROJECT, THIS DEVELOPMENT, THAT WE CAN'T DISCUSS IT AND WE CAN'T MAKE IT PART OF OUR MOTION BECAUSE OF THE STATUTE AND ET CETERA, ET CETERA.

UM, WE CAN'T EVEN ASK FOR A POSTPONEMENT TO ACCOMMODATE BOTH THINGS COMING TOGETHER FOR THE GOOD OF THE PEOPLE IN THE NEIGHBORHOOD, FOR THE GOOD OF THE PUBLIC, FOR THE GOOD OF EVERYTHING THAT WE ARE SUPPOSED TO STAND FOR IN TERMS OF CREATING HOUSING, MORE HOUSING AND A CRISIS FOR EVERYONE.

SO THIS IS A, A VERY CONFLICTING SITUATION THAT EVERY TIME WE GET TO THIS POINT, WE ARE FACED WITH THIS, UH, LEGALESE ABOUT HOW WE CAN'T DO THIS EVEN THOUGH IT'S PART OF THE DISCUSSION.

SO I'M JUST GONNA ASK FOR A POSTPONEMENT FOR WHATEVER PURPOSE AND WHATEVER HAPPENS FROM THAT.

BUT THIS, THIS IS SOMETHING THAT YEAH, MAYBE A MEMO WILL, WILL, WILL.

I APPRECIATE A MEMO ON IT, BUT IT CONTINUES TO HAPPEN IN THIS SPACE.

WE'RE BEING TOLD THAT WE CANNOT LEGALLY DISCUSS CERTAIN THINGS EVEN IF THEY'RE ON THE TABLE.

SO I WAS GONNA SAY COMMISSIONER PHILLIPS, DO YOU HAVE A DATE AFFILIATED WITH YOUR POSTPONEMENT? I WOULD JUST SAY TO THE NEXT MEETING, YES.

OKAY.

MARCH 12TH THERE'S SECOND.

OKAY.

COMMISSIONER HAYS.

UM, COMMISSIONER PHILLIPS, DO YOU WANNA SPEAK TO YOUR MOTION? I THINK I PRETTY MUCH OUTLINED THE MOTION.

UM, WE ARE SUPPOSED TO BE DOING THE WORK OF THE PUBLIC HERE.

WE ARE SUPPOSED TO BE LIFTING ALL BOATS HERE.

WE HAVE THE OPPORTUNITIES TO DO THAT.

WE SHOULD NOT IGNORE THOSE OPPORTUNITIES.

WE SHOULD BE BOLD AND WE SHOULD BE COURAGEOUS AND WE SHOULD ACT WITHIN OUR AUTHORITY.

THANK YOU.

OKAY.

ANYBODY SPEAKING AGAINST? ALRIGHT, JUST QUICK QUESTION.

UM, IS THIS, I'M HEARING THIS POSTPONEMENT BEING MADE IN HOPE OF GIVING THE NEIGHBORHOOD MORE TIME.

IS THE NEIGHBORHOOD OR ANYONE ASKING FOR IT? I'M JUST CURIOUS.

I HAVEN'T HEARD ANYTHING.

WELL, THE APPLICANT DID TELL US THAT THEY ARE CONTINUING THE CONVERSATION.

THAT'S WHAT WE WERE TOLD ABOUT THIS SPECIFIC ISSUE.

AND WOULDN'T IT BE WONDERFUL IF THAT COULD HAPPEN? WOULDN'T IT BE WONDERFUL IF THEY COULD HAVE THAT OPPORTUNITY? OKAY.

AND WITHOUT THAT OPPORTUNITY, YOU KNOW, AND I KNOW SOME THINGS CAN JUST FALL OFF THE TABLE AND CAN I SAY APPLICANT DOES THIS DO ANYTHING TO THE PROJECT? IS THIS GOOD OR BAD? ARE YOU ACCEPTING OF THIS HONOR? IS THIS, WE WOULD RESPECTFULLY REQUEST THAT YOU NOT POSTPONE THE ITEM.

WE'VE BEEN IN TOUCH WITH THE NEIGHBORS FOR PROBABLY THE LAST YEAR AND A HALF.

WE HAVE A GREAT RELATIONSHIP WITH THIS NEIGHBORHOOD AND WE, WE'VE BEEN WORKING WITH THEM.

THEY ARE NOT REQUESTING A POSTPONEMENT.

THEY ASKED US EARLY ON TO GIVE US THE MARKET AFFORDABILITY, WHICH IS WHAT WE PROVIDED TO THEM, WHICH IS 70 TO 80%.

UM, YOU KNOW, THEY, WHEN I TALKED TO UH, THEM TODAY, THEY DID NOT REQUEST, UM, ANY MORE THAN WHAT IS HERE TODAY.

ANA WAS HOPING THAT SHE COULD BE HERE, SHE'S SICK, SO SHE COULDN'T, BUT, BUT I DON'T THINK THERE'S ANY REASON TO POSTPONE IT BASED ON THIS.

UM, IN FACT, THE ONLY THING THAT SHE ACTUALLY ASKED THAT WE CONTINUE TO TALK ABOUT IS THE, UM, IS IS SOME OF THE OTHER LIKE SETBACKS AND USES AND STUFF, WHICH I TOLD HER WE WOULD, BUT SHE'S NOT ASKING FOR A POSTPONEMENT CHAIR.

UM, ONE CHAIR IF YOU WOULD.

COMMISSIONER.

THANK YOU MS. BOJO AND STAFF.

QUICK QUESTION.

UM, WAS THERE ANY REQUESTS FROM ANYONE FOR POSTPONEMENT? SURE.

WE DID NOT RECEIVE A REQUEST FOR POSTPONEMENT.

OKAY.

THANK YOU.

CHAIR.

YES, COMMISSIONER COX, SINCE WE'RE BACK IN THE Q AND A, CAN I ALSO ASK THE APPLICANT A QUESTION? UH, I'LL ALLOW IT.

WILL WE ALLOW, WE ALLOWED IT FOR ONE COMMISSIONER, SO WE HAVE TO ALLOW IT FOR ALL OF THEM TO BE FAIR.

SO I'M JUST CURIOUS.

UM, SO IF, IF YOU HAD MORE TIME AND WERE WILLING TO MEET THE NEIGHBORHOOD'S REQUEST, IS THERE A MECHANISM AVAILABLE TO YOU TO SATISFY THAT REQUEST BEFORE YOU COME BACK TO THE PLANNING COMMISSION? IF THIS COMMISSION WERE, WERE DECIDED TO POSTPONE THIS.

UM, SO BECAUSE L-I-P-D-A ALSO MF FOUR, ALSO CSMU, ALL OF ALL OF THE ZONING CATEGORIES THAT WOULD PERMIT THIS DO NOT HAVE AN AFFORDABILITY REQUIREMENT.

UM, WE WOULD HAVE TO TRY TO FIND A THIRD PARTY ENFORCING, UH, AGENT AGENCY.

UM, WE HAVE NOT, THIS, MY UNDERSTANDING OF THE CONVERSATION WITH THE NEIGHBORS IS THAT THEY ARE IN SUPPORT OF THE PROJECT REGARDLESS.

UM, THAT HAS BEEN THE CONVERSATION SINCE THEY TOOK THE VOTE, WHICH I BELIEVE HAPPENED IN DECEMBER.

I'M NOT, UM, AND SO, AND, AND I AND I, YOU'VE, YOU SAID, I, I APOLOGIZE

[00:55:01]

FOR INTERRUPTING YOU.

YOU SAID THAT MULTIPLE TIMES, BUT THE EMAIL THAT WE GOT, UH, DOESN'T SAY THAT IT, IT, IT HAS, IT LISTS ONE SPECIFIC CONDITION.

AND SO I'M JUST CURIOUS IF, IF YOU WERE GIVEN MORE TIME AND YOU WERE OPEN TO SATISFYING THAT CONDITION OF THE NEIGHBORHOOD'S APPROVAL THERE, THERE IS INDEED A MECHANISM THAT YOU COULD DO PRIVATELY AND HAVE THAT WITH YOU WHEN YOU COME UP TO PLANNING COMMISSION, WHETHER IT'S THIS CASE OR ANOTHER CASE TO SHOW THAT YOU'VE MET THAT CONDITION FOR APPROVAL.

CORRECT? I, I DON'T KNOW IF WE CAN DO AN AGREEMENT OR NOT.

I DON'T KNOW THE ANSWER TO THAT.

UM, I YOU DON'T KNOW BECAUSE YOU DON'T KNOW IF YOU'RE THE, THE OWNER OF THE PROPERTY WILL AGREE TO IT OR BECAUSE YOU DON'T KNOW IF THERE'S LIKE A LEGAL, PRIVATE, ALL OF THOSE THINGS MECHANISM TO DO THAT? I DON'T KNOW.

I DON'T KNOW WHO WOULD BE THE ENFORCING PARTY.

I DON'T KNOW, UM, IF THE CURRENT OWNER WOULD AGREE TO IT.

I DON'T KNOW IF THE SELLER CAN CAN DO THAT.

I, I DON'T KNOW.

UM, MY UNDERSTANDING WOULD, WOULD GIVE, WOULD GIVING YOU WOULD GIVING YOU TWO WEEKS ALLOW YOU TO PROVIDE COMMISSIONER COX? I'M SORRY, I FEEL LIKE THE APPLICANT TRULY HAS ANSWERED YOUR QUESTION AND CHAIR.

MIGHT I BE ALLOWED TO SAY A FEW WORDS? YES, PLEASE GO AHEAD.

I I JUST WANNA SAY, I REALLY WANNA SAY THE RULES THAT WE HAVE FOR THIS COMMISSION ARE NOT BECAUSE SOMEONE IS TRYING TO MAINTAIN CONTROL OR SOMETHING.

IT IS TRULY TO BE RESPECTFUL TO EACH OTHER AND RESPECTFUL TO THE PEOPLE WHO ARE WAITING IN THIS ROOM.

THERE'S LIKE 50 PEOPLE SITTING HERE WAITING FOR SOMETHING THAT MIGHT COME AT 8:00 PM 9:00 PM 10:00 PM 11.

IT COULD GO TO ONE.

TWO, WE HAVE RULES BECAUSE WE WANT TO BE RESPECTFUL OF EACH OTHER AND WE WANNA BE RESPECTFUL OF THE TIME OF OUR STAFF AND RESPECTFUL OF THE COMMUNITY THAT IS COMING TO SPEAK TO US REGARDLESS OF WHAT TIME WE'RE MEETING WITH THAT.

I WOULD ALSO LIKE TO SAY WE DO HAVE TO SHOW A CERTAIN DEGREE OF DECOR AND RESPECT TOWARDS THE CHAIR.

I UNDERSTAND IF ONE PERSON ASKS A QUESTION, ANOTHER PERSON ASKS A QUESTION, WHERE DO WE INDIVIDUALLY TAKE RESPONSIBILITY AND SAY, IF SOMEBODY ELSE HAS BROKEN A RULE, I WILL NOT BE THAT PERSON AND I WILL STEP UP AND BE A BETTER PERSON.

OR HAVE WE ALL JUST DECIDED THAT WE'RE GOING TO TOGETHER, GOING TO THE ABYSS? SO ALL THAT SAID, ALL I'M GONNA SAY IS THAT HOPEFULLY WE CAN FOLLOW THE RULES AND BE RESPECTFUL OF THE PEOPLE WHO ARE HERE AND RESPECTFUL OF EACH OTHER BECAUSE THAT IS IMPORTANT.

THANK YOU.

LET'S GET BACK TO THE DEBATE.

UM, FOR THE MOTION ON THE TABLE, WHICH IS POSTPONEMENT TO MARCH 12TH.

UM, ANYBODY SPEAKING FOR MR. COX? YEAH, I MEAN I THINK WE JUST HEARD, UM, THAT, THAT THERE'S A LOT OF QUESTIONS THAT NEED ANSWERS.

UM, SPECIFICALLY RELATED TO THE REQUEST THAT WE GOT FROM THE NEIGHBORHOOD, WE HAVE A COMMISSIONER THAT WANTS TO PROVIDE TIME TO BOTH THE APPLICANT AND THE NEIGHBORHOOD TO PROVIDE THOSE ANSWERS TO US.

AND I THINK WE SHOULD AFFORD BOTH OF THOSE PARTIES TIME SO THAT WE HAVE ALL THE ANSWERS WE NEED, UH, BEFORE WE VOTE ON THIS CASE.

THANK YOU THOUGH, SPEAKING AGAINST.

OKAY, LET'S GO AHEAD AND TAKE A VOTE ON THIS MOTION.

ALL THOSE IN FAVOR OF POSTPONEMENT TO MARCH 12TH TWO.

I SEE MR. ANDERSON, YOUR VA.

OKAY, THAT'S 2, 3, 3, 4.

UM, THOSE AGAINST, I SEE SEVEN AND AS ABSTAINING THAT RIGHT? WE HAVE 11.

SO THOSE FOR THE POSTPONEMENT.

SORRY, LET'S DO THIS AGAIN.

I'M SO SORRY.

THOSE FOR THE POSTPONEMENT.

1, 2, 3 AND THOSE AGAINST THREE SIX.

I'M STILL GETTING 11.

OKAY.

YES.

OKAY, SO THAT MOTION FAILS THREE TO SEVEN TO ONE.

UM, GOING BACK TO THE ORIGINAL MOTION, WHICH IS FOR THE APPLICANT'S REQUEST.

I'M SORRY, I DID NOT SEE THAT.

OKAY.

SO THAT, THAT MOTION WAS 3, 4 7 AGAINST TWO ABSTAINING.

GOING BACK TO THE ORIGINAL MOTION, UM, FOR APPLICANT'S REQUEST, UM, WE HAVE ONE MORE SPOT FOR SOMEBODY SPEAKING AGAINST OR WE CAN GO AHEAD AND TAKE A VOTE.

ALRIGHT, LET'S VOTE.

THIS IS FOR APPLICANT'S REQUEST FOR BOTH THE MPA AND THE REZONING.

ALL OF THOSE IN FAVOR, LET'S SEE.

10.

OKAY.

THOSE AGAINST

[01:00:01]

ONE, TWO.

OKAY, THAT MOTION PASSES.

10 TO TWO.

THANK YOU.

WE ARE MOVING ON TO OUR NEXT DISCUSSION CASE, WHICH IS ITEM 12.

THE

[12. Rezoning: C14-2023-0124 - West Lynn @ 12th Street; District 9]

REZONING AT WEST LIN.

I TOMKO WITH