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[00:00:04]

HERE.

UM, SO HAVING A QUORUM PRESENT

[Determination of Quorum / Meeting Called to Order]

WITHIN THE COUNCIL CHAMBERS AND VIRTUALLY, I'LL GO AHEAD AND CALL THIS MEETING OF THE PLANNING COMMISSION TO ORDER AT 6:10 PM IN THE CITY COUNCIL CHAMBERS, UM, AT CITY HALL.

AND THE DATE TODAY IS THE 12TH OF MARCH, 2024.

UM, WE'LL START OFF WITH THE ROLL CALL, AND I'LL JUST ESSENTIALLY GO FROM RIGHT, LEFT, AND, UM, CONTINUE DOWN.

SO WHEN I SAY YOUR NAME, UM, PLEASE RAISE YOUR HAND OR SAY, HI.

WE'RE HERE.

UM, COMMISSIONER PHILLIPS.

HERE.

UH, HERE.

THANK YOU.

COMMISSIONER HAYNES.

PRESENT.

COMMISSIONER ANDERSON HERE.

COMMISSIONER WOODS HERE.

THIS IS VICE CHAIR HAR.

I'M HERE.

COMMISSIONER MAXWELL HERE.

THEN WE'LL GO ONLINE TO COMMISSIONER SKIDMORE.

HERE.

COMMISSIONER JOHNSON.

HERE.

COMMISSIONER HOWARD HERE.

COMMISSIONER BARR RAMIREZ HERE.

AND I BELIEVE THAT IS ALL THE FOLKS ONLINE, BUT I'LL GO THROUGH THE REST OF THE FOLKS AS WELL, JUST SO THAT WE HAVE IT ON, UM, RECORD.

UM, ACTUALLY, COMMISSIONER COX, HE, WE DO SEE HIM ONLINE, SO WHEN WE RETURN BACK TO HIM IN A SECOND HERE, UM, CHAIR HEMPEL, HE'S NOT PRESENT HERE TODAY.

COMMISSIONER AL, WE'LL CIRCLE BACK TO SEE COMMISSIONER COX.

OKAY.

UM, I WOULD ALSO, UM, I DO NOT SEE ANY FOR EX-OFFICIAL MEMBERS HERE.

UM, SO IF I'M MISSING SOMEONE, PLEASE LET US KNOW.

UM, AND IF FOLKS JOIN US, WE'LL OF COURSE, UH, GO AHEAD AND RECOGNIZE THEM.

I DO WANNA SAY THE CITY COUNCIL HAS APPROVED HYBRID MEETINGS AND LONG FOR VIRTUAL QUORUM AS LONG AS THE COMMISSIONER SERVING AS CHAIRS, PRESIDENT CHAMBERS.

AS SUCH, WE HAVE COMMISSIONERS HERE IN CHAMBERS AND IN ATTENDANCE, VIRTUALLY, SIMILARLY, SPEAKERS CAN PRESENT FROM THE CHAMBERS OR PARTICIPATE VIRTUALLY.

IF YOU WISH TO WAIT IN THE ATRIUM.

THE LAND USE COMMISSION LIAISON, MR. ANDREW RIVERA, WILL MAKE AN ANNOUNCEMENT IN THE ATRIUM A FEW MINUTES BEFORE THE PLANNING COMMISSION BEGINS, UH, UH, EACH PUBLIC HEARING.

FURTHERMORE, IF YOU'RE ASSIGNED UP TO SPEAK, YOU WILL RECEIVE AN EMAIL ABOUT 15 MINUTES PRIOR TO THE COMMISSION TAKING UP YOUR ITEM.

I WILL HAVE, UM, ASSISTANCE FROM MR. RIVERA ANNOUNCING THE SPEAKERS DURING PUBLIC HEARINGS.

AND I AM, UM, I DO WANNA REMIND THE COMMISSIONERS FOR THOSE JOINING VIRTUALLY, PLEASE HAVE YOUR GREEN, RED, AND YELLOW ITEMS FOR VOTING AND THOSE ONLINE.

PLEASE REMAIN MUTED WHEN YOU'RE NOT SPEAKING, AND RAISE YOUR HAND TO BE RECOGNIZED.

UM, AND I WILL BE HELPED BY COMMISSIONER WOODS HERE TODAY TO MAKE SURE THAT WE'RE NOT MISSING ANYONE.

AND IF WE DO MISS YOU, PLEASE TRY AGAIN AND VERBALLY LET US KNOW IF NEEDED.

UM, MR. VERA, WE BELIEVE WE

[PUBLIC COMMUNICATION]

HAVE SOMEONE SIGNED UP FOR PUBLIC COMMUNICATION TODAY.

THANK YOU, CHAIR.

YES, WE HAVE MR. SANTIAGO PRESENT TO SPEAK DURING, UH, PUBLIC COMMUNICATION.

YOU SHOULD HAVE MR. SANIA, YOU'LL HAVE THREE MINUTES.

GREETINGS, COMMISSIONERS.

UH, FIRST OFF, I APPRECIATE YOUR SERVICE.

UM, THERE'S A LOT OF COMPLEXITY TO THE, THE WORK YOU'RE DOING HERE.

I'M, UH, FEELING A LITTLE NERVOUS.

I'M NOT EXACTLY SURE HOW TO APPEAL OR ADVOCATE, UM, BUT I'LL SORT OF START BACK.

UH, LAST SUMMER I STARTED DIGGING INTO THE ENVIRONMENTAL IMPACT STATEMENT BY, UM, TXDOT AND, UM, ABOUT 16,000 PAGES OR SO.

UH, AND I FEEL REALLY CONCERNED, UM, ABOUT SORT OF THE STATUS OF WHAT'S BEEN MOVED THROUGH.

UM, TWO MAJOR TALKING POINTS THAT I, I WANNA SHARE TODAY.

UM, UH, WITH REGARDS TO, UH, THE BRIDGE DEMOLITION ACROSS THE COLORADO RIVER AND A OUTFALL INTO THE COLORADO RIVER, UM, BELOW LONGHORN DAM, UM, THERE'S, IT SEEMS LIKE THERE'S BEEN A LOT OF, UH, OVERSIGHT, UM, AVOIDANCE WITH REGARDS TO US ARMY CORPS OF ENGINEERS INVOLVEMENT.

UH, CITY OF AUSTIN DOESN'T REALLY SEEM TO HAVE A LOT OF GOOD TECHNICAL DATA ON WHAT'S BEING PUSHED FORWARD.

UM, THE OUTFALL STATION WAS MOVED, UH, LITERALLY A MONTH BEFORE THE EIS WAS FINALIZED, AND THE RECORD OF DECISION, UH, WAS RELEASED.

UM, WITH REGARD TO THE, AND I'LL BE SPEAKING TO THE ENVIRONMENTAL COMMISSION, UM, NEXT WEEK, UH, WITH A LITTLE MORE DETAILS ON, ON THE OUTFALL.

BUT, UH, WITH REGARD TO THE BRIDGE, UM, I'VE BEEN WORKING WITH THIS ORGANIZATION CALLED FESTIVAL BEACH, FOOD FOREST HERE IN AUSTIN.

I'VE GOT HUNDREDS OF HOURS OF VOLUNTEER AND KIND DONATION WORK WITH THEM.

UM, AND THEY'RE ADJACENT TO THE BRIDGE.

UM, AND THEY'RE SLATED TO BEGIN DEMOLISHING VERY, VERY SOON, INCLUDING AVOIDING, UH, A NATIONWIDE PERMIT THAT,

[00:05:01]

UM, THEY'RE, WHAT I CAN READ IS THEY'RE GOING TO BE DISTURBING AT LEAST A 10TH OF AN ACRE OF, UM, WETLAND WATER AND DREDGING AND FILLING, UH, WHICH IS NATIONWIDE, NATIONWIDE PERMIT SEVEN.

ANOTHER BIG CONCERN IS SOMETHING CALLED THE SECTION SIX, UH, CONVERSION.

UM, AND THERE HAS NOT BEEN A SITE, UH, RELEASED TO THE PUBLIC.

THE PUBLIC HAS NOT HAD AN OPPORTUNITY TO VOTE ON THAT LAND, UM, UH, CONDEMNATION.

UM, AND ACCORDING TO PARTS THAT HAS ALSO NOT BEEN RELEASED TO THE PUBLIC.

UM, SO I'M REALLY CON CONFUSED ON HOW THAT IS BEING MOVED FORWARD.

AND, UH, I DON'T REALLY KNOW WHAT, WHAT MECHANISMS THIS COMMISSION HAS.

UM, THE HISTORIC COMMISSION HAS WRITTEN A LETTER REGARDING A, UH, HISTORIC, UH, LANDMARK THAT'S, UH, AN ATTEMPT TO SAVE A PECAN GROVE ON THE EAST SIDE OF AUSTIN, EAST SIDE.

UM, AND YEAH, I, I, I DON'T KNOW WHAT LEVEL OF INFORMED THIS DAIS HAS, UH, AND, UM, WOULD LIKE TO SEE MAYBE, UH, AN INVITATION FOR SOME MORE TRANSPARENCY AND ACCOUNTABILITY AND JUST, UH, BEFORE THINGS REALLY START TO UNFOLD.

UM, SO THANK YOU VERY MUCH.

THANK YOU, SIR.

MR. RED, WE DO NOT HAVE ANYBODY ELSE COMMUNICATION.

THANK YOU.

SO THE FIRST ITEM ON OUR CONSENT

[APPROVAL OF MINUTES]

AGENDA IS THE APPROVAL OF THE MINUTES FROM THE FEBRUARY 13TH, 2024 MEETING.

UM, DOES ANYBODY HAVE ANY CONCERN THAT BEING ON THE CONSENT AGENDA OR WOULD SOMEBODY LIKE TO NOTE ANY REVISIONS, NOT HEARING

[Consent Items]

ANY, WE CAN MOVE ON TO OUR PUBLIC HEARING ITEMS. SO OUR FIRST ACTIVITY TODAY IS TO VOTE ON THE CONSENT AGENDA OF PUBLIC HEARING ITEMS THAT ARE CONSENT, POSTPONEMENTS OR NON-DISCUSSION ITEMS. COMMISSIONER WOODS WILL READ THE PROPOSED CONSENT AGENDA, IDENT, IDENTIFY THOSE THAT ARE CONSENT POSTPONEMENT, NON-DISCUSSION AFTER FIRST READING.

UM, HE AND MR. RIVERA WILL FOLLOW TO NOTIFY US IF WE HAVE SPEAKER SIGNED UP TO SPEAK FOR ANY OF THE CONSENT ITEMS REQUESTING ITEMS TO BE PULLED FOR DISCUSSION.

COMMISSIONERS WILL ALSO HAVE THE OPPORTUNITY TO REQUEST CONSENT ITEMS WE PULLED FOR DISCUSSION.

UM, AND WE'LL GO INTO OUR FIRST READING.

THANK YOU GUYS CHAIR.

ITEM NUMBER TWO IS A PLAN AMENDMENT NPA DASH 2022 DASH 0 0 2, 0 0.01 INDUSTRIAL BOULEVARD, ONTARIO LANE, DISTRICT THREE.

THIS IS UP FOR STAFF POSTPONEMENT UNTIL MARCH 26TH.

ITEM NUMBER THREE IS A REZONING C 14 DASH 2022 DASH 0 0 6 2 INDUSTRIAL BOULEVARD, ONTARIO LANE, DISTRICT THREE.

THIS IS UP FOR STAFF POSTPONEMENT UNTIL MARCH 26TH.

ITEM NUMBER FOUR IS A REZONING C 14 DASH 2023 DASH 0 1 0 9 43 23 SOUTH CONGRESS AVENUE DISTRICT THREE.

THIS ITEM IS UP FOR STAFF POSTPONEMENT UNTIL MARCH 26TH.

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

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

ITEM NUMBER SIX IS A REZONING C 14 DASH 2023 DASH ZERO HUNDRED 10 12 30 EAST 38 AND TWO STREET DISTRICT NINE.

THIS ITEM IS UP FOR APPLICANT INDEFINITE POSTPONEMENT.

ITEM SEVEN IS A REZONING C 14 DASH 2023 DASH 0 1 29 PINNACLE PLAZA, DISTRICT ONE.

THIS ITEM IS UP FOR CONSENT AS AMENDED PER EXHIBIT E APPLICANT AND NEIGHBORHOOD AGREEMENT UPON CONDITIONS WHICH ADD THE FOLLOWING PROHIBITED USES.

NUMBER ONE, BUILDING MAINTENANCE SERVICES.

NUMBER TWO, BUSINESS SUPPORT SERVICES.

NUMBER THREE, INDOOR SPORTS AND RECREATION.

AND NUMBER FOUR, OUTDOOR ENTERTAINMENT.

ITEM EIGHT IS A PUT AMENDMENT C 8 4 804 DASH 2014 DASH 0 8 3 0 1.

SUN FIELD, PUD.

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

ITEM NINE IS A HISTORIC ZONING, C 14 H 2023 DASH 0 1 3 6 GREEN AND WHITE GROCERY.

THIS ITEM IS UP FOR CONSENT.

ITEM 10 IS A SITE PLAN SP DASH 2022 DASH 5 3 6 C KRAMER CONDOS.

THIS ITEM IS UP FOR DISCUSSION.

ITEM 11 IS A SITE PLAN SP DASH 2022 DASH 5 9 1 C.

AVALON FLATS AT SIX.

THIS ITEM IS UP FOR APPLICANT FOR NEIGHBORHOOD, EXCUSE ME, NEIGHBORHOOD POSTPONEMENT UNTIL MARCH 26TH.

ITEM 12 IS DOWNTOWN DENSITY BONUS SP DASH 2023 DASH 0 4 3 7 C 5 0 6 WEST.

THIS ITEM IS UP FOR DISCUSSION.

ITEM 13 IS A RIGHT OF WAY VACATION 2020 DASH 1 9 5 4 8 LM RIGHT OF WAY, VACATION MIDDLE FISKVILLE ROAD, DISTRICT FOUR.

THIS ITEM IS UP FOR CONSENT.

ITEM 14 IS A RIGHT OF WAY.

VACATION 2023 DASH 1 3 1 5 4 1 LM RIGHT OF WAY ALLEY VACATION 64 AND A HALF RAINY STREET DISTRICT NINE.

THIS ITEM IS UP FOR CONSENT.

ITEM 15 IS A CONSENT AGREEMENT.

IS A CONSENT AGREEMENT.

AMENDMENT C 12 M DASH 2023 DASH 15 SEVEN MOORE'S CROSSING CONSENT

[00:10:01]

AGREEMENT AMENDMENT DISTRICT TWO LIMITED PURPOSE.

THIS ITEM IS UP FOR CONSENT.

ITEM 16 IS A COMPREHENSIVE PLAN AMENDMENT EQUITABLE TRANSIT, TRANSIT-ORIENTED DEVELOPMENT OR EAD TYPOLOGIES.

THIS ITEM IS UP FOR DISCUSSION.

AND ITEM 17 IS AN LDC AMENDMENT C 20 DASH 2024 DASH 0 0 1 ONSITE WATER REUSE AND NO ACTION IS REQUIRED FOR THIS ITEM.

THANK YOU COMMISSIONER WOODS.

I APPRECIATE THAT.

UM, DO ANY COMMISSIONERS NEED TO RECUSE THEMSELVES FROM ITEMS ON THE AGENDA? AND AS YOU PROCEED, I DO WANT TO NOTE THAT, UM, COMMISSIONER COX IS PRESENT ON THE VIRTUAL DICE AS WELL.

CHAIR.

YES.

I RECUSE MYSELF FROM ITEM EIGHT.

I WORK AT HABITAT FOR HUMANITY AND WE ARE BUILDING SOME AFFORDABLE HOMES ON THAT.

PI APPRECIATE THAT.

THANK YOU.

COMMISSIONER ANDERSON, DO WE HAVE ANY OTHER RECUSALS, MR. RIVERA? DO WE HAVE ANY SPEAKERS SIGNED UP TO SPEAK FOR ANY OF THE CONSENT ITEMS? CHAIR, COMMISSIONER, WE DO NOT.

YOU'RE WELCOME TO PROCEED WITH THE DISPOSING OF THE CONSENT AGENDA.

I APPRECIATE THAT.

THANK YOU.

UH, DO ANY COMMISSIONERS WANT TO PULL ANY OF THE CONSENT ITEMS FOR DISCUSSION OR OTHERWISE HAVE QUESTIONS ON THE CONSENT AGENDA IN THAT CASE, CAN I GET A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA, INCLUDING OUR MINUTES? UH, FROM OUR LAST MEETING, I HAVE A MOTION BY COMMISSIONER WOODS, SECONDED BY COMMISSIONER MAXWELL TO CLOSE THE PUBLIC HEARING AND MOVE OUR CONSENT AGENDA, INCLUDING OUR MINUTES, UH, FROM THE PREVIOUS MEETING CHAIR, COMMISSIONER LAZEN.

THAT'S ACTUALLY FROM FEBRUARY 13TH.

I'M SORRY, MR. CAN YOU REPEAT THAT? FEBRUARY 13TH.

UH, I'LL NOTE THAT.

SO THIS IS THERE MINUTES FOR OUR FEBRUARY 13TH MEETING.

UNLESS I HEAR ANY OPPOSITION.

CAN WE GO AHEAD AND MOVE FORWARD WITH THE APPROVAL OF THE PUBLIC HEARING ITEMS? OKAY.

I DO NOT SEE ANYONE, UM, HAVING ANY CONCERNS.

SO WE'RE GONNA GO AHEAD.

THANK YOU.

ALL THAT PASSES UNANIMOUSLY.

THIS IS, UM, CLOSING OF THE PUBLIC HEARING, APPROVING OF THE CONSENT AND AGENDA AND APPROVAL OF THE FEBRUARY 13TH MEETING MINUTES, UM, AS WELL AS THE 27TH AS WELL.

THANK YOU.

THIS TAKES CHAIR COMMISSIONER LEE.

MY APOLOGIES.

UH, WAS THERE A FIRST AND SECOND TO, UM, YES.

THE FIRST WAS BY COMMISSIONER WOODS, SECONDED BY COMMISSIONER MAXWELL AND PASSED, UH, UNANIMOUSLY.

THANK.

THANK YOU.

THANK YOU MR. RIVERA.

THIS TAKES US TO

[10. Site Plan: SP-2022-0536C - Kramer Condos]

OUR DISCUSSION, UH, POSTPONEMENT CASES.

SO OUR FIRST DISCUSSION, POSTPONEMENT CASE OF THE NIGHT, UM, IS ITEM NUMBER 10, SB 2022, UH, 0 5 3 6 KRAMER CONDOS.

MR. RIVERA, CAN YOU HELP US, UM, UH, TO ESSENTIALLY WALK THROUGH THE PUBLIC HEARING CHAIR COMMISSIONER LEE AND ROSA? YES.

THIS IS ACTUALLY JUST A DISCUSSION CASE WE'LL HEAR, FIRST HEAR FROM STAFF, FOLLOWED BY THE APPLICANT, FOLLOWED BY, UM, SUPPORT AND OPPOSITION ISH THAT.

THANK YOU.

AND WHILE WE'RE WAITING FOR FOLKS TO COME UP, I DO WANT TO NOTE THAT WE HAVE CHAIR COHEN, UM, OUR EX OFFICIAL PRESENT VIRTUALLY AS WELL.

THANK YOU.

CHAIR COHEN.

THANK YOU.

VICE, VICE CHAIR AND THANK YOU COMMISSIONER.

GOOD EVENING.

MY NAME IS RANDALL RUDA.

UH, STEP STEFAN, UM, CASE MANAGER AND SITE PLAN REVIEWER FOR THIS PROJECT.

CASE COMM.

COMMISSIONER, UH, IF WE COULD, UH, UH, WAIT JUST A MINUTE.

UH, MR. RDA, IF YOU COULD, UM, UH, TURN ON YOUR CAMERA PLEASE.

UH, WE NEED, UH, TO SEE YOU WHEN YOU'RE, UH, SPEAKING ONLINE.

THANK YOU.

OH, OF COURSE.

MY APOLOGIES.

UH, DO YOU HAVE ME NOW? YES.

PERFECT.

THANK YOU.

THANK YOU SO MUCH.

MY APOLOGIES.

UH, THE CASE NUMBER IS SP 2022 DASH 0 5 3 6 C PROJECT NAMED KRAMER CONDOS.

UH, THE APPLICANT, JOSEPH MINA HOOD, UH, REPRESENTED BY UDE.

UH, THE APPLICANT IS PROPOSING TO REMOVE TWO EXISTING SINGLE FAMILY RESIDENCES AND CONSTRUCT 55 MULTIFAMILY RESIDENTIAL UNITS ON A 3.88 ACRE SITE IN THE G-O-M-U-C-O-N-P AND SF SIX MP ZONES.

UH, THE PROPOSED DEVELOPMENT INCLUDES A POOL.

UH, THE, THE SOUTHERLY PARCEL OF THE, OF THE TWO IS, OF THE TWO PARCELS INVOLVED, IS RELATIVELY NARROW.

AND RESIDENTIAL DEVELOPMENT IS PROPOSED ON THAT PORTION OF THE SITE, UH, WHICH IS SOMEWHAT RESTRICTED BY THE SF SIX NP ZONING.

THE APPLICANT PROPOSES TO USE THAT PORTION OF THE SITE FOR ACCESS, THE DEVELOPMENT OF 14 OF THE MULTIFAMILY RESIDENTIAL CONDOMINIUM UNITS AND AN OPEN SPACE AREA WITH A POOL, WHICH IS APPROXIMATELY 33 FEET BY 12 FEET.

THE POOL IS WITHIN 50 FEET OF THE REAR YARD, FENCES OF TWO EXISTING SINGLE FAMILY RESIDENCES TO THE EAST.

AND FENCE IS SHOWN ALONG THAT SHARED PROPERTY LINE.

THE SUBJECT SITE IS BORDERED BY SINGLE FAMILY RESIDENTIAL USES TO THE EAST AND TO THE WEST, BOTH OF WHICH TRIGGER CONSIDERATION OF COMPATIBILITY UNDER ARTICLE

[00:15:01]

10 OF THE LDC.

ALL HARDSCAPE AND VERTICAL IMPROVEMENTS ARE LOCATED AT LEAST 25 FEET FROM THE EAST AND WEST PROPERTY LINES IN COMPLIANCE WITH ARTICLE 10.

HOWEVER, THE PROPOSED POOL IS LOCATED 25 FEET FROM THE EASTERLY PROPERTY LINE, BUT IS WITHIN THE 50 FOOT SETBACK FOR AN INTENSIVE RECREATIONAL USE.

AND POOLS ARE LISTED SPECIFICALLY AS AN INTENSIVE RECREATIONAL USE THAT THAT SHOULD BE, UH, 50 FEET FROM THE PROPERTY LINE.

AND LET'S WAIT BY THE COMMISSION.

UM, THE SURROUNDING USES ARE PRIMARILY SINGLE FAMILY RESIDENTIAL USES.

WE ARE, WE ARE THE PRO PROPERTY RUNS BETWEEN MCM ROAD AND KRAMER.

AND WITH THAT, STEPH HAS REVIEWED THIS AND IS RECOMMENDING APPROVAL TONIGHT.

AND I'D BE HAPPY TO ANSWER ANY QUESTIONS THE COMMISSION COMMISSIONERS MIGHT HAVE.

THANK YOU.

CHAIR ONE, HEAR FROM THE APPLICANT, MS. GABRIELA ARCHER.

MS. ARCHER, YOU'LL HAVE FIVE MINUTES.

I AM, UM, GABRIELA ARCHER.

I'M SPEAKING IN REPRESENTATION OF THE PROPERTY OWNER, UM, AND FOR CIVIL UDE ENGINEERING FIRM.

AND WE'RE PROPOSING TO DEVELOP THESE TWO LARGE SINGLE FAMILY LOTS INTO A MULTI-FAMILY CONDO COMMUNITY, PROVIDING HOMES FOR OVER 50 FAMILIES.

IT IS ESSENTIAL THAT EVERY COMMUNITY IN AUSTIN HAS ACCESS TO OPEN SPACES AND OUTDOOR AMENITIES AS IT'S AN IMPORTANT PART OF URBAN PLANNING AND CONTRIBUTES DIRECTLY TO ONE'S QUALITY OF LIFE.

THE CLOSEST PARKS NOW OUTDOOR SPACES IN THIS AREA OF AUSTIN ARE NOT EASILY ACCESSIBLE TO THESE RESIDENTS WITHOUT HAVING TO DRIVE.

UM, THESE ARE THE EXISTING CONDITIONS OF THE SITE.

WE BELIEVE A GREAT COMMUNITY SHOULD NOT HAVE TO SACRIFICE OPEN SPACE FOR MORE UNITS.

AND WE ALSO BELIEVE THIS REQUEST IS CONSISTENT WITH THE COUNCIL DIRECTED CHANGES TO COMPATIBILITY THAT IT'S GOING TO BE IMPLEMENTED CITYWIDE.

IT'S IMPORTANT TO MENTION THAT WE MET WITH SEVERAL NEIGHBORS ON SITE TO ANSWER QUESTIONS ABOUT THE PROJECT AS A WHOLE.

AND THE MAJORITY OF THE NEIGHBORS WERE IN SUPPORT OF THIS DEVELOPMENT.

UM, IF THIS COMPATIBILITY WAIVER IS NOT APPROVED, THIS OUTDOOR SPACE WITHOUT A POOL WILL STILL BE PROVIDED FOR THE RESIDENTS OF THIS COMMUNITY.

THANK YOU.

WE WILL NOW HEAR FROM THE OPPOSITION.

MS. LOCK.

MS. LOCK.

YOU'LL HAVE FIVE MINUTES.

COMMISSIONERS, THANK YOU SO MUCH FOR TAKING THE TIME TO HEAR US TODAY.

MY NAME IS DANIELLE LOCKE.

THIS IS MY FIVE-YEAR-OLD SON SEBASTIAN.

WE LIVE ON THE OTHER SIDE OF THE FENCE.

WE LIVE IN MACOR COTTAGES.

I'VE BEEN A HOMEOWNER AND RESIDENT THERE SINCE 2007.

I LIVE THERE WITH MY HUSBAND, MY SON, AND ALSO MY 3-YEAR-OLD DAUGHTER.

UH, MY HUSBAND WORKS FROM HOME FULL-TIME THERE.

AND I HOMESCHOOL MY SON AND SORT OF MY DAUGHTER 'CAUSE SHE'S THREE THERE.

UM, AND GABRIELLE IS RIGHT.

WE DID MEET WITH THEM.

IT IS NOT A FACT THAT MOST OF THE, UH, HOMEOWNERS, UM, APPROVED OF THAT, THAT THAT'S NOT A FACT.

THEY DID TAKE THE TIME, UM, TO MEET WITH US.

SO, UM, I AM HERE TO REQUEST THAT THIS 25 FOOT SETBACK BE OPPOSED.

NOTE HERE.

UM, THEIR OUTDOOR SPACE WOULD HAVE A KITCHEN LOUNGING AREA SPACE FOR OUTDOOR GAMES IN A POOL.

AND THEIR MAIN CLAIM FOR THIS IS THAT THE DEVELOPMENT IS OVER A MILE FROM ANY PUBLIC TRAIL PARK.

UM, AND THAT'S NOT A FACT.

I'M HERE TO LIST MANY NEARBY.

AND IN FACT, MY SON IS HERE TO TELL YOU, WHERE DO WE GO TODAY, HONEY? SO, UH, WE WENT TO A PARK ACTUALLY KIND OF, IT'S, IT'S ACTUALLY A CHURCH BY THIS LABATE AND IT TAKES A LONG TIME TO GET THROUGH IT, BUT, AND IT TO THE LABYRINTH, NOT TO THE LABYRINTHS.

CLARIFICATION.

AND WHAT DID WE SEE THERE TODAY? SO THERE'S ALSO A GARDEN, AND WE USED TO HAVE FAMILY SHIFTS THERE.

WE'VE HAD A PICNIC THERE.

SO WHAT WE'RE TALKING ABOUT IS ST.

JOHN'S PAP BAPTIST CHURCH, WHICH IS LOCATED AT 1 1 2 0 1 PARKFIELD DRIVE.

IT IS 0.4 MILES WITHIN WALKING DISTANCE, LA LESS THAN HALF A MILE.

IT ALSO HAS A VERY HUGE GREEN SPACE, UM, ABOUT THE SIZE OF A SOCCER FIELD.

UM, ALSO THEY'RE SAYING THAT THIS POOL IS ESSENTIAL.

IT IS, UM, THERE IS A POOL AT THE YMCA THAT YM C DO YOU WANNA TELL HIM? DO YOU LIKE THE POOL AT THE YMCA? AND, AND SO, SO, SO I LIKE IT BECAUSE BASICALLY IT, IT'S LIKE, LIKE KIND OF, IT CAN BE LIKE FOR SWIMMING EACH TIME YOU CAN, CAN LIKE SWIM IN IT.

OKAY.

IT, THERE'S A LAP POOL, THERE'S A HEATED POOL.

MY FAVORITE IS THE LAP POOL, ACTUALLY.

UH, WE GO THERE OFTEN, AS YOU CAN TELL.

SO THIS, THIS

[00:20:01]

IS AVAILABLE.

THERE'S ALSO A HOT TUB THERE.

PLUS, YOU KNOW, ANYONE WHO'S GONE TO THE Y KNOWS THEY HAVE PLENTY OF OTHER STUFF.

THERE'S ALSO JUST A COUPLE MILES AWAY IN THE CONCEPT PHASE, JAMESTOWN NEIGHBORHOOD PARK.

UM, I DID GO TO THE PARKS AND RECREATION MEETING WHERE THEY HELD, UM, IN COMMUNITY CONCEPT MEETING.

THEY'LL HAVE THREE OF THOSE.

AND THAT FIRST ONE'S STILL AVAILABLE FOR FEEDBACK FOR THESE NEW MEMBERS OF THE SONORA COMMUNITY OR KRAMER CONDOS AS THEY'RE CALLING IT HERE, UM, WHERE THEY'RE TAKING A SURVEY AND FEEDBACK.

AND THERE WILL BE TWO MORE MEETINGS ABOUT THAT ONE.

AND, UM, AS YOU KNOW, AUSTIN HAS A LOT OF OUTDOOR SPACES, A TOTAL OF 356 PARKS.

UM, FOR THE SAKE OF TIME, I WON'T LIST ALL OF THE ONES NEAR US, BUT WITHIN JUST A FEW MILES, THERE'S WOOD, NEIGHBORHOOD PARK, QUA CRE, QUA, QUAIL CREEK, PARK ISLAND, NEIGHBORHOOD PARK, GEORGETOWN ACRES PARK, RON RIGSBY PARK, WALNUT CREEK PARK, BRENTWOOD PARK, AND BALCON PARK.

UM, ALSO GRACIE WOODS PARK.

OH, THANK YOU.

I FORGOT THAT ONE.

.

UM, HE'S A FUTURE COMMISSIONER, I THINK .

UM, UH, THE DEVELOPER'S ARGUMENT FOR THE SETBACK REDUCTION REVOLVES AROUND THE UNIQUE LOCK CONFIGURATION.

UM, THEY'RE ALSO PROPOSING TO PUT, UH, DENSE VEGETATION, UM, IN THE SPOT IN BETWEEN.

SO THERE'S ALREADY A WOODEN FENCE.

THIS POOL IS GOING TO HAVE A PROPANE OUTDOOR KITCHEN.

UM, I HAVE A VERY SERIOUS CONCERN ABOUT FIRE.

MY MOTHER WAS A POLICE DISPATCHER, SO I GREW UP HEARING ALL OF THE FI OF THE STORIES OF FIRE.

MY CHILDREN ARE VERY MUCH TRAINED WHAT TO DO IN A FIRE.

AND WITH 55 HOMES AND THAT CLOSE OF A SPACE AND THAT MANY COMMUNITIES, UM, YOU KNOW, JUST AT SOME POINT SOMEBODY'S GONNA BE DRINKING, SOMEBODY'S GONNA BE SMOKING AT SOME POINT HERE.

I MEAN, EVEN IF YOU HAVE A FIRE EXTINGUISHER.

OKAY, SO LET ME WRAP IT UP HERE.

UM, THE NOISE AND VISUAL IMPACT OF THE COMMUNITY POOL, INCLUDING ACTIVITIES, GATHERINGS, AND POTENTIAL NOISE POLLUTION CANNOT BE ENTIRELY MITIGATED BY VEGETATION, ESPECIALLY WHEN JUST 25 FEET AWAY FROM OUR HOMES.

IN CONCLUSION, I URGE THE DEVELOPMENT SERVICES DEPARTMENT TO PRIORITIZE SAFETY, WELLBEING AND THE QUALITY OF LIFE FOR THE FAMILIES IN OUR COMMUNITY OVER THE DESIRES OF THE DEVELOPER.

I KNOW I'M JUST A MOM HERE.

I DON'T, WHAT DO THEY HAVE? 150 MILLION GOING INTO THIS, UM, .

UM, I REQUEST THE DEPARTMENT TO CAREFULLY CONSIDER THE POTENTIAL RISKS OF IMPLICATIONS OF ALLOWING A 25 FOOT SETBACK FOR A COMMUNITY POOL, ESPECIALLY WHEN YOUNG CHILDREN ARE INVOLVED.

LET US NOT COMPROMISE THE SAFETY AND TRANQUILITY OF OUR HOMES FOR THE SAKE OF DEVELOPMENT.

THANK YOU FOR YOUR TIME.

THANK YOU, CHAIR.

AND I'LL HEAR FROM THE APPLICANT FOR OUR THREE MINUTE REBUTTAL.

HELLO? SORRY, I DON'T HAVE MUCH MORE TO SAY.

SHE LISTED A LOT OF FACTS.

UM, BUT AGAIN, I THINK IT'S IMPORTANT TO PROVIDE OPEN SPACE TO EVERY RESIDENT WITHIN A WALKING DISTANCE.

UM, AND THIS DEVELOPMENT IS GONNA PROVIDE SEVERAL HOMES TO THE RESIDENTS OF THE CITY OF AUSTIN.

THANK YOU CHAIR.

THAT CONCLUDES THE SPEAKERS ON THIS ITEM.

THANK YOU, MR. RIVERA.

THAT, UM, COMMISSIONERS, THAT'S THE END OF OUR PUBLIC HEARING.

DO I HAVE A VOTE TO CLOSE THE PUBLIC HEARING? AND A SECOND? I HAVE A MOTION BY, UM, COMMISSIONER WOODS, SECONDED BY COMMISSIONER MAXWELL TO CLOSE THE, UH, PUBLIC HEARING ON THIS ITEM.

IF THERE'S NO OPPOSITION, CAN WE MOVE AHEAD WITH CONSENT, CLOSE OF THE PUBLIC HEARING BEING NODS.

OKAY.

WE'RE GONNA GO AHEAD AND CLOSE THE PUBLIC HEARING.

THANK YOU ALL THAT PASSES UNANIMOUSLY MOTION BY COMMISSIONER WOODS.

SECONDED BY COMMISSIONER MAXWELL.

UM, THIS TAKES US TO OUR RON ROBIN QUESTIONS.

UM, COMMISSIONERS, AGAIN, WE HAVE EIGHT COMMISSIONERS WHO CAN ASK QUESTIONS FOR UP TO FIVE MINUTES.

I'LL GO AHEAD AND OPEN IT UP TO ANYONE WHO WISHES TO ASK QUESTIONS.

UM, COMMISSIONER HAYNES, PLEASE GO AHEAD.

SINCE I ASKED FOR THE, UH, ARTICLE TO BE PULLED.

I'LL START IT OFF.

UH, MR. RUDA, UM, HAS THE, AS I GET YOU BACK ON CAMERA, I'LL TALK VERY SLOWLY.

HAS THE APPLICANT PRESENTED YOU WITH ANY ALTER THERE? YOU'RE, HAS THE APPLICANT PRESENTED YOU WITH ANY ALTERNATIVE, UM, CONFIGURATION OR ASK YOU ABOUT ANY ALTERNATIVE CONFIGURATION OF THIS SITE? UH, NO.

WE HAVE NOT RE REVIEWED ANY ALTERNATIVE TO THE, TO THE PROPOSED DESIGN.

THANK YOU.

MS. ARCHER, CAN I HAVE YOU, UH, FOR A COUPLE QUESTIONS AND AS YOU'RE WALKING UP, I JUST IN TRANSPARENCY AND MAKE SURE EVERYBODY, UH, KNOWS, UH, YOU AND I HAD A DISCUSSION YESTERDAY ON THE PHONE, AND SO, UH, JUST WANTED TO MAKE SURE EVERYBODY, UH, KNEW THAT, UM, YOU'RE HERE TONIGHT TO ASK US PRIMARILY FOR A WAIVER

[00:25:01]

OF THE 50 WA SETBACK FOR THE POOL.

IS THAT CORRECT? YES.

OKAY.

AS I, AS I REVIEW, I, I'M NOT AN AR CERTAINLY NOT AN ARCHITECT.

UH, CERTAINLY NOT A, CERTAINLY NOT A DESIGNER.

BUT I NOTE, UH, ON YOUR SCHEMATIC THAT YOU HAVE A GREEN SPACE IN BETWEEN, UM, EIGHT OF THE UNITS, UH, IN THE PRIMARY, I I'M GONNA CALL IT THE PRIMARY SECTION, UH, WHICH IS OUTSIDE OF THE 50 FOOT ZONE.

HAVE YOU CONSIDERED PUTTING YOUR POOL THERE? UM, THAT GREEN SPACE THAT IS ALLOTTED IS SURROUNDING TWO HERITAGE TREES THAT WE ARE WORKING VERY HARD TO PRESERVE.

UM, SO NO SIR, THE POOL CANNOT GO THERE.

THE POOL CAN'T GO IN BETWEEN UNITS 20, 19, 15, AND 16.

OUTSIDE OF THE SHADE, CANOPY OF THOSE TREES? ON THE KRAMER SIDE? NO, IN, IN THAT, IN THAT MIDDLE SPACE.

OKAY.

YEAH, THE POOL COULD LIKELY BE IN OTHER PLACES.

SO THERE IS A WAY FOR YOU TO DESIGN THIS PROJECT WITHOUT COMING TO US ASKING FOR A WAIVER? YES, SIR.

BUT WE WOULD NEED TO GET RID OF UNITS AND WE'RE TRYING TO MAINTAIN, UM, AS MUCH HOUSING AS POSSIBLE.

OKAY.

ONE OF THE THINGS THAT YOU SAID IN YOUR PRESENTATION WAS YOU, YOU BELIEVE, AND, AND I AGREE WITH YOU, I BELIEVE THAT RESIDENTS OF AUSTIN NEED OUTDOOR SPACES.

UM, UH, ONE OF THE THINGS I ASKED YOU YESTERDAY, UH, TO CONSIDER IS, UH, SINCE RESIDENTS NEED OUTDOOR SPACES, WOULD YOU CONSIDER ALLOWING THE RESIDENTS IN THE AREA TO USE YOUR POOL? UM, THAT IS NOT MY DECISION.

I'M SORRY.

I'M THE CIVIL ENGINEER.

I, I, I GET THAT.

HAVE YOU ASKED YOUR CLIENT THAT INFORMATION? NO, SIR.

AFTER WE TALK, HAVE YOU HAD A COMMUNICATION WITH YOUR CLIENT AFTER WE TALKED? NO, SIR.

I'M SO SORRY.

I HAD A BUSY DAY.

I HEAR YOU.

I, AS, AS DID I I WAS TRYING TO GET READY.

I, WE TALKED IT LATE IN THE DAY.

UM, IT WAS THE END OF THE DAY.

I'M SO SORRY.

THAT'S ALL RIGHT.

UM, AND SO IN THE AREA WHERE THERE'S, UH, THE ROCK GUARD OR THE RAIN GARDEN AND ALL THAT, YOU'RE GONNA KIND OF RESERVE FOR DOG WALKING AND DOG RELIEF AND THINGS, WOULD YOU CONSIDER ALLOWING OTHER, UH, IN THAT OPEN SPACE THAT BACKS UP THE UNITS ON THE PRIMARY LOT, WOULD YOU CONSIDER TO ALLOW OTHER PEOPLE TO ACCESS THAT SPACE? UM, COME ON, TELL US WHO YOU ARE.

HELLO, I'M ALEJANDRA FLORES.

I'M THE PE FOR THE PROJECT.

UM, THAT AREA IS ACTUALLY, THE RAIN GARDENS ARE A DRAINAGE FACILITY, SO THEY'RE NOT MEANT FOR OKAY.

THEY'RE NOT MEANT FOR ACCESS.

AND THERE'S OTHER AREAS WHERE WE HAVE RAIN GARDENS.

THE RAIN GARDENS ARE VERY CAREFULLY DESIGNED TOO, SO THAT THEY'RE BURNED WITHIN THE 25 FOOT SETBACK AND THEN THE WALL IS OUTSIDE.

UM, OKAY.

SO IT'S NOT NECESSARILY FOR A DOG? NO.

OKAY.

ALRIGHT.

THANK YOU.

YES, MA'AM.

UH, YOU'RE GONNA HAVE TO TALK QUICKLY.

COME ON.

YOU'VE GOTTA COME UP AND TALK IN THE MIC BECAUSE I'M GONNA RUN OUTTA MY FIVE MINUTES.

I'M GONNA SAY IN MACOR COTTAGES, WHAT WE DID IS OUR DRAINAGE SPACE IS ALSO OUR COMMUNITY SPACE.

UM, OBVIOUSLY IT'S NOT FLOODING ALL THE TIME.

SO THAT'S WHERE WE PLAY WITH OUR DOGS.

THAT'S, WE HAVE A PICNIC TABLE THERE AND WE RUN AND PLAY THERE.

UM, AND SO IT WORKS GREAT AS A DUAL USE SPACE.

OKAY.

AND BEFORE THE BUZZARD CATCHES ME, I DON'T SEE MY TIMER, BUT BEFORE THE BUZZARD CATCHES ME, UM, I'LL JUST, IT, IT APPEARS TO ME FROM MY RE I THAT THERE IS A WAY TO REDESIGN THIS.

YOU MIGHT, IT MIGHT COST A UNIT.

THERE MIGHT BE 54 UNITS, BUT THERE IS A WAY TO REDESIGN THIS, NOT ASK FOR A WAIVER BECAUSE IN ESSENCE, A WAIVER IS, UH, INFRINGING ON THE PROPERTY.

WE HAVE SETBACKS IN THIS CITY TO, TO MAKE SURE WE PROTECT PRIVATE PROPERTY RIGHTS OF, OF THOSE THAT ARE COMING AND THOSE THAT ARE, THAT ARE ALREADY HERE.

AND THEY'RE DESIGNED TO PROTECT THE PRIVATE PROPERTY RIGHTS OF THE EXISTING NEIGHBORS.

AND WE ARE BEING ASKED TO WAIVE THAT.

THANK YOU.

COMMISSIONER HAYNES.

OTHER COMMISSIONERS WITH QUESTIONS? COMMISSIONER PHILLIPS, PLEASE GO AHEAD.

PARDON ME? JUST PICKING UP WHERE COMMISSIONER HAYNES LEFT OFF.

SO WE ARE BEING ASKED TO WAIVE A PROPERTY, RIGHT? CAN YOU SPEAK TO WHAT YOU WOULD BE WILLING TO DO IF WE PROVIDE THAT BENEFIT? WHAT, WHAT COMMUNITY BENEFIT WOULD YOU PROVIDE TO SOME OF THE NEIGHBORHOOD FOLKS WHO ARE HERE TODAY? I'LL SPEAK FROM A CIVIL STANDPOINT.

THE OWNER'S HERE AS WELL FOR QUESTIONS.

UM, THESE AMENITY IS FOR THE COMMUNITY THAT WILL

[00:30:01]

BE HERE.

THAT'S NOT HERE YET.

UM, THE OPEN SPACE IS OUR REQUIREMENT ANYWAYS BY THE LAND DEVELOPMENT CODE.

OKAY.

MY QUESTION WAS THAT YOU'RE ASKING US FOR A FAVOR? MM-HMM.

.

'CAUSE YOU'RE ASKING US FOR A WAIVER.

SO MY QUESTION IS, IN EXCHANGE FOR THAT, WHAT ARE YOU WILLING TO PROVIDE? I'M NOT TALKING ABOUT WHAT YOU'RE DOING FOR YOUR COMMUNITY THAT'S GOING TO MOVE THERE, BUT BACK TO THE COMMUNITY THAT THIS WOMAN AND HER YOUNG 5-YEAR-OLD SON LIVES IN.

I WILL DEFER THAT TO THE, I CAN DEFER THAT TO THE OWNER.

UM, AS FAR AS MAKING THE AMENITY A PUBLIC AMENITY, I DON'T THINK THAT'S, THAT'S REALLY, THERE ARE MANY TYPES OF COMMUNITY BENEFITS AND I'M JUST ASKING FOR ANY THAT YOU GUYS MIGHT PROVIDE TO WORK WITH THE NEIGHBORS BECAUSE THEY WILL BE LOSING SOMETHING AND WE ARE CERTAINLY GRANTING YOU A FAVOR.

YEAH, DEFINITELY.

I MEAN, JUST BY DOING THE DEVELOPMENT, UM, WE WILL BE IMPROVING THE SIDEWALKS.

WE WILL BE SHADING THE SIDEWALKS, UM, ALONG THE FRONTAGE OF THIS PROPERTY.

UM, THE SIDE IS ALSO RIGHT NEXT TO FLOODPLAIN AND EROSION HAZARD ZONE.

SO WE'LL BE PROPOSING RAIN GARDENS, UM, AND WATER QUALITY INFRASTRUCTURE.

OKAY.

THAT WILL TREAT THIS DEVELOPMENT.

SO THAT'S NOT QUITE WHAT I'M ASKING, BUT, UH, I SEE THAT SHE HAS HER HAND UP.

CAN YOU COME TO THE POINT OF ORDER? I I DON'T BELIEVE WE CAN NEGOTIATE COMMUNITY BENEFITS.

I'M NOT NEGOTIATING.

I ASKED THE QUESTION, I ASKED THE QUESTION ABOUT WHAT COMMUNITY BENEFIT WOULD, WOULD THEY CONSIDER IN EXCHANGE.

IT'S NOT A NEGOTIATION.

I'M NOT HERE TO NEGOTIATE.

MY QUESTION MIGHT MAKE THAT .

I JUST WANNA MAKE SURE THAT WE'RE STAYING WITHIN THE SCOPE OF, OF WHAT'S BEING DISCUSSED.

AND WE, WE ARE WITHIN THE SCOPE.

THEY, THEY ARE ASKING US FOR A WAIVER AND I'M ASKING THEM WHAT AN EXCHANGE FOR THE WAIVER ARE THEY WILLING TO DO.

SO I AM NOT SAYING THAT THEY HAVE TO DO IT.

UM, MA'AM, GO AHEAD PLEASE.

UM, I JUST WANTED TO SAY THAT WE, WE DID MEET WITH THEM, IF YOU'LL NOTICE THIS MEETING WAS POSTPONED.

IT WAS ON LAST WEEK'S AGENDA.

UM, AND I DID MEET WITH THEM AND ASKED TO WORK THAT OUT AND NO ONE EVER GOT BACK TO ME.

SO I DON'T HAVE A LOT OF CONFIDENCE ABOUT THAT.

ADDITIONALLY, UM, THESE ARE THE BUILDERS AND AS ANYBODY KNOWS, AFTER THE BUILDERS LEAVES, WHAT YOU'RE WORKING WITH IS THE NEW HOMEOWNERS ASSOCIATION AND THEY COULD DECIDE TO CHANGE ANYTHING.

SO ANY PERMANENT PHYSICAL STRUCTURE, UM, YOU KNOW, THE NEW HOA COULD JUST DECIDE THAT THEY DON'T, THEY DON'T WANT THAT.

AND, AND THEY, I BELIEVE THEY HAVE THE RIGHT TO DO THAT.

THANK YOU SO MUCH.

AND I'M JUST TRYING TO SAY, WE'RE TRYING TO LEARN THE SCOPE OF THE PRO OF THE, THE PROJECT, AND WE'RE TRYING TO UNDERSTAND WHAT CONVERSATIONS HAVE BEEN HAD SINCE THAT HAS BEEN BROUGHT TO THE TABLE.

SO, UM, NOT TALKING ABOUT NEGOTIATING FROM THE DEAS, JUST FOR CLARITY.

THANK YOU.

AND OUTTA CURIOSITY, IF I STILL HAVE SOME TIME LEFT, UH, WHAT DO YOU TO THE APPLICANT, WHAT DO YOU ENVISION THE CONDOS WILL SELL FOR? OKAY.

OUTSIDE OF YOUR SCOPE.

THANK YOU.

AND JUST SO THE FOLKS ONLINE CAN HEAR IT, WE HEARD FROM THE APPLICANT SAYING, UH, OUTSIDE THE SCOPES.

MR. PHILLIPS, DO YOU HAVE FURTHER QUESTIONS? NO.

THANK YOU.

THANK YOU.

UM, DO WE HAVE OTHER COMMISSIONERS WITH QUESTIONS? UH, COMMISSIONER COX, PLEASE GO AHEAD.

YEAH, QUESTIONS FOR STAFF.

APOLOGIES IN ADVANCE FOR MY IGNORANCE OF THIS PARTICULAR SECTION OF CODE, BUT, UM, IT SAYS THAT THERE'S A SETBACK REQUIREMENT OF 50 FEET.

HOPEFULLY STAFF IS STILL WITH US, UM, FOR INTENSIVE RECREATION POOL.

AND I WAS JUST CURIOUS, WHAT, WHAT, WHAT ARE, WHAT IS THE GENERAL DEFINITION OF INTENSIVE RECREATION? IF WE HAVE ANY MEMBERS OF STAFF THAT CAN HELP US WITH THAT, OR IF THE APPLICANT HAS KNOWLEDGE OF THIS SECTION OF CODE SINCE THEY APPLIED FOR THE, UH, WAIVER.

COMMISSIONER COX, I BELIEVE WE HAVE THE APPLICANT.

OH, STAFF.

STAFF.

GO AHEAD PLEASE.

MY APOLOGIES.

COMMISSIONER COX.

UH, COULD YOU REPEAT THE QUESTION FOR ME PLEASE? YEAH, WHAT, WHAT ARE, WHAT IS OUR GENERAL DEFINITION, DEFINITION OF INTENSIVE RECREATION THAT'S INCLUDED IN THAT 50 FOOT SETBACK REQUIREMENT? UH, I'D HAVE TO, TO LOOK AT IT.

IT DOESN'T HAVE A SPECIFIC DEFINITION.

WHAT IT HAS IS A LIST OF EXAMPLES.

UH, ONE OF THE EXAMPLES IS POOL.

UM, I THINK BALL COURTS ARE ANOTHER ONE.

I'D HAVE TO, I I, IT WOULD TAKE ME ABOUT A MINUTE TO FIND THE ACTUAL CODE SECTION, BUT THAT'S THE WAY IT WORKS, IS THAT IT DESCRIBES A COUPLE OF EXAMPLES OF WHAT WOULD BE AN INTENSIVE RECREATIONAL USE THIS POOLED BALL COURTS.

AND I'D HAVE TO LOOK UP TO GET THE OTHERS.

OKAY.

YEAH, I WAS JUST CURIOUS BECAUSE I DON'T, I MEAN, THIS WOULD BE

[00:35:01]

A PRIVATE POOL, UM, FOR A RELATIVELY LIMITED NUMBER OF UNITS.

I MEAN, IT'S, IT LOOKS LIKE IT'S A GATED DEVELOPMENT TO ME.

UM, SO I JUST DON'T TYPICALLY CONSIDER SOMEONE SOMEONE'S PRIVATE POOL AS BEING INTENSIVE RECREATION .

BUT, UH, I WAS JUST TRYING TO UNDERSTAND COMPARABLES.

UM, I, I GUESS MY, MY CONCERN ABOUT THIS PARTICULAR APPLICATION IS JUST APPLYING THESE RULES EQUALLY, UM, ACROSS THE CITY.

AND SO DO, DO YOU HAVE A RECOLLECTION OR KNOWLEDGE OF MANY VARIANCES BEING GRANTED FOR PRIVATE POOLS TO, TO BE WITHIN THIS 50 FOOT SETBACK? UM, I'VE BROUGHT AT LEAST ONE OTHER, UH, REQUEST MAYBE TWO, UH, TO EITHER THIS COMMISSION OR TO OR TO THE, THE ZAP, UH, FOR RELATIVELY SIMILAR REQUESTS.

UH, BOTH, BOTH APPROVED TO MY RECOLLECTION.

OKAY.

YEAH.

AND, AND, AND SO A COMPATIBILITY VARIANCE, I KNOW, I KNOW LIKE ENVIRONMENTAL VARIANCES, THERE'S ALL THESE CRITERIA AND STUFF WHERE YOU CAN'T BE ABLE TO DO ANYTHING OTHER THAN THE VARIANCE THAT YOU'RE REQUESTING.

OBVIOUSLY A POOL IS NOT, UH, EXTREMELY IMPORTANT .

SO IS THERE, IS THERE A PARTICULAR CRITERIA, AND I'M SURE YOU, YOU HAD IT IN THE, THE SUMMARIZING THE BACKUP, BUT CAN YOU HELP US UNDERSTAND JUST THE, THE CRITERIA WHERE SOMETHING LIKE THIS WOULD NOT GET STAFF'S RECOMMENDATION VERSUS WHEN IT DOES GET STAFF'S RECOMMENDATION? THAT'S A LITTLE TRICK, A LITTLE TRICK HERE.

I CAN TELL YOU THAT THE, THE CODE ESSENTIALLY GIVES SOME PRETTY BROAD AUTHORITY, UH, TO CONSIDER ANYTHING THAT THE COMMISSION WANTS TO BY SAYING THAT IT SHOULD BE APPROVED IF IT IS APPROPRIATE AND WILL NOT HARM THE NEIGHBORHOOD.

IT'S A STAFF USES A SIMILAR METRIC ON, BUT IT'S ESSENTIALLY OUR OPINION, IT WOULD TAKE SOMETHING PRETTY, I THINK, PRETTY SIGNIFICANT TO SHOW AN, A CLEAR HARM TO THE NEIGHBORHOOD TO NOT GET STAFF'S RECOMMENDATION AT THIS POINT.

BUT OF COURSE, WE, YOU KNOW, THE WHOLE POINT OF THIS IS TO DEFER TO THE COMMISSION FOR WHAT YOU CONSIDER TO BE APPROPRIATE AND, AND WHICH POTENTIAL HARMS TO THE NEIGHBORHOOD WOULD CROSS OVER THAT, THAT LINE AND SAY, THIS IS, YOU KNOW, THIS IS NOT APPROPRIATE FOR, FOR APPROVAL.

OKAY.

THANK YOU.

COMMISSIONER COX, DO YOU HAVE ANY FURTHER QUESTIONS AT THIS TIME? THANK YOU.

UM, COMMISSIONER ANDERSON.

THANK YOU CHAIR.

UH, I'M HEARING SOME THINGS, UH, SUCH AS APPLYING RULES EQUALLY AND PARITY AND WAIVER INFRINGING.

AND I'M, I'M CURIOUS, UM, STAFF, I GUESS THIS IS A QUESTION FOR YOU.

IS IT, UH, ALLOWED FOR SOMEBODY ON THE OTHER SIDE OF THIS FENCE OR THE OTHER SIDE OF THIS COMMUNITY THAT IS IN SF THREE ZONING OR SOMETHING SIMILAR TO BE ABLE TO BUILD A POOL IN THIS SAME AREA THAT WE'RE TALKING ABOUT ALLOWING THIS POOL TO BE BUILT? UH, SURE.

UM, THE ARTICLE 10 COMPATIBILITY DOES NOT APPLY, UH, TO ANY DEVELOPMENT ON AN SF THREE PROPERTY.

IT ONLY APPLIES TO DEVELOPMENT ON AN SF FIVE OR MORE INTENSIVE DEVELOPMENT.

SO ESSENTIALLY THE REVERSE THAT WOULD PROPOSE A POOL ON AN SF THREE LOT WOULD BE APPROVABLE WITHOUT, WITHOUT REVIEWING, WITHOUT ARTICLE 10 COMPATIBILITY.

GOTCHA.

THANK YOU.

AND POSSIBLY FOR THE APPLICANT, I, I'M HEARING CONCERNS ABOUT FIRE AND AND PROPANE LOCATED IN THIS AREA.

COULD, COULD SOMEBODY SPEAK TO SPEAK TO THAT CONCERN COMMISSIONER? UM, THE OPEN SPACE WILL HAVE A KITCHEN.

I AM NOT, THE GAS CONNECTION IS NOT REALLY PART OF THE SIDE PLAN, OR IT DOESN'T HAVE TO BE.

SO I'M NOT REALLY SURE IF THERE'S LIKE A GAS CONNECTION PROPOSED.

UM, I DO KNOW THAT THERE WANTS TO BE A GRILL OR SOMETHING OF THAT NATURE, BUT THAT WOULD BE THERE WITH OR WITHOUT THE POOL.

MM-HMM, .

AH, UNDERSTOOD.

AND ALSO MAYBE FOR YOU AND MAYBE FOR THE, THE OWNER OR WHOEVER, BUT, UM, IS THERE SOMETHING THAT CHANGES WITHIN YOUR INSURANCE ABOUT WHETHER OR NOT YOU'RE ALLOWED, I, I HEARD THE QUESTION, DO WE ALLOW FOR MAYBE OUTSIDE FOLKS TO USE THIS POOL, UM, THAT AREN'T GUESTS PER SE? SO IS THERE SOMETHING I, I DON'T KNOW HOW THE INSURANCE MIGHT CHANGE FOR THE HOA? HAVE YOU NOW LOOKED INTO THAT? I DEFER THAT TO THE CLIENT.

THANK YOU.

THANK YOU.

HI, GOOD EVENING.

I'M THE OWNER AND, UH, THE DEVELOPER OF THE PROPERTY, UM, THE INSURANCE.

CAN YOU PLEASE STATE YOUR NAME? CAN YOU PLEASE STATE MY NAME'S? NA THANK, SORRY.

SO ONE THING ABOUT CONDOS IS WARRANT ABILITY.

UM, WHEN YOU HAVE AN ELEMENT THAT'S A, UH, LIMITED COMMON USE OR A A POOL TYPE OF ELEMENT IN A CONDO DEVELOPMENT, UM, WHEN YOU'RE SELLING THE HOMES AND YOUR, YOUR BANKS WANT TO SELL THE LOANS THAT ARE ISSUED ON THESE HOMES, YOU HAVE A LONG CONDO FORM THAT GETS FILLED OUT IN THAT FORM.

IT ASKS, ARE THESE COMMON ELEMENTS ONLY FOR THE RESIDENTS? UM, THERE'S AN ISSUE WITH HAVING NON-RESIDENTS USE THE POOL BECAUSE OF WARRANT ABILITY.

[00:40:01]

SO WE'RE LOOKING AT MUCH HIGHER RATES OF INTEREST WHEN, UH, THE LOANS AREN'T WARRANTABLE.

THANK YOU.

AND I HEARD MANY OF YOUR ENGINEERS SHARE THAT IF YOU ALL WERE TO MOVE THE POOL INTO THE COMMUNITY, YOU WOULD LOSE A CERTAIN NUMBER OF HOMES.

HAVE YOU PUT MATH PEN TO PAPER? DO WE KNOW HOW MANY HOMES WE'RE TALKING ABOUT? YEAH.

THE SPACE THAT WE'RE LOOKING AT RIGHT NOW, UM, IT, IT, WE'VE GOT ABOUT SIX AND A HALF FEET BETWEEN MOST OF THE HOMES.

UM, LIKE THEY MENTIONED, WE'RE PRESERVING TWO VERY LARGE HERITAGE TREES.

THAT'S KIND OF THE MAIN, UH, LIMITING FACTOR OF THE SITE.

AND THEY'RE RIGHT IN THE MIDDLE.

SO THE WAY WE'VE DESIGNED IT, UH, WE'VE BEEN WORKING ON THE SITE PLAN, GOSH, I WANNA SAY ALMOST A YEAR AND A HALF NOW.

UM, AND THE POOL WHERE IT IS, IS REALLY THE ONLY SPOT IT CAN BE.

UH, THE DRAINAGE, UH, ON THE SITE'S DIFFICULT BECAUSE WE'RE GETTING A LOT OF OFFSITE FLOWS FROM THE NEXT DOOR NEIGHBOR.

SO WE'RE RETAINING THOSE FLOWS ON A POND THAT'S LOCATED ON THE WEST SIDE ON OUR KRAMER LOT.

SO THAT'S THE ONE POND THAT'S THERE TO DETAIN ALL THE FLOWS COMING FROM AN UNDEVELOPED SITE ALREADY IMPACTING OUR SITE.

THEN WE'RE CATCHING ALL OF OUR KRAMER FLOWS ON THE BIGGER RAIN GARDEN JUST SOUTH OF US.

AND SO WE'RE LIFTING OUR SITE TO PUSH THE FLOWS DOWN TOWARDS THE MCMURRAY SIDE WHERE THE DRAINAGE NATURALLY FLOWS INTO THE, UH, INTO THAT, UH, CREEK BUFFER OR ZONE ON THE RIGHT SIDE.

AND THEN THE THREE PONDS THAT WE HAVE ON THE KRAMER SIDE, WE REALLY HAD TWO OPTION, OR THE MCM SIDE, I SHOULD SAY.

WE ONLY HAD TWO OPTIONS.

UM, WE ALREADY HAD THE 25 FOOT SETBACK FROM OUR NEIGHBOR TO THE WEST ON THE MCMURRAY SIDE.

AND ON THE OTHER SIDE WE HAD AN SF SIX DEVELOPMENT, UH, WHICH IS THE MCMURRAY COTTAGES, UH, WHERE MS. DANIELLE LOCK LIVES.

AND WE HAD A COUPLE OF SINGLE FAMILY HOMES THAT ARE SF THREE.

SO ON THAT SIDE OF THE LOT, YOU KNOW, WE WERE ABLE TO GET A FEW UNITS THAT PUSHED ALL THE WAY UP UNTIL WE HIT THE SF THREE.

AND IN THAT ZONE, YOU KNOW, COMPATIBILITY SORT OF A RADIUS.

SO IT'S NOT REALLY AN EXACT SQUARE.

WE CAN'T FIT ANOTHER UNIT AND WE MAXED OUT OUR SITE AS MUCH AS WE COULD ON MCM, BUT YOU KNOW, THE POOL DOESN'T HAVE TO BE THERE.

IT IS AN ADDED EXPENSE TO US, BUT I BELIEVE IN BUILDING, YOU KNOW, BEAUTIFUL COMMUNITIES AND I'D LIKE TO HAVE AN AMENITY FOR OUR RESIDENTS, UM, IF IT'S AN OPEN SPACE, YOU KNOW, SO BE IT.

BUT I'D LOVE FOR IT TO BE A POOL.

YEAH, IT'S AN ADDED EXPENSE.

IT DOESN'T REALLY GAIN ME MUCH ON MY SALES.

UM, WE'VE GOT 40 LOIS OUT OF THE 55 UNITS ON THE SITE ALREADY, AND WE'VE TOLD EVERYONE THAT THE POOL MAY OR MAY NOT BE THERE.

IT'S MORE OF THE LOCATION RATHER THAN, YOU KNOW, THE AMENITY THAT'S DRAWING TO THE SITE, UH, AND HELPING WITH SALES.

BUT, YOU KNOW, I I THINK WITHOUT IT, YEAH, IT IS AN IMPACT.

AND, AND I HEARD A LOT OF THINGS ABOUT FIRE AND, AND THE, SORRY, UH, THE, UH, GRILL, BUT THAT, THAT'S ALLOWED TO BE THERE WITHOUT THAT.

AND LIKE YOU MENTIONED, A POOL COULD BE WRAP UP RIGHT ON THE OPPOSITE SIDE OF OUR FENCE.

THANK YOU.

THANK YOU, SIR.

OTHER COMMISSIONERS WITH QUESTIONS YOUR HANDS? I BELIEVE, UH, THANK YOU, MR. CHAIRMAN.

I'LL, I'LL TAKE A SECOND ONE.

UH, IF, IF YOU COULD COME BACK, UH, UM, I, I ASKED, I ASKED EARLIER IF, IF YOU'RE, I, I SPOKE WITH MS. ARCHER YESTERDAY AND, AND I GUESS Y'ALL DIDN'T HAVE A CHANCE TO, UH, COMMUNICATE.

YOU'RE THE, THE OWNER OF THE PROPERTY.

OKAY.

UM, AND, UH, YOU HEARD SOME OF COMMISSIONER PHILLIPS'S, UH, CONVERSATION IS IN ESSENCE YOU'RE ASKING US FOR A, FOR A WAIVER FOR A DISPENSATION.

UH, SO YOU CAN PUT A POOL.

I DO WANNA EXPLORE A LITTLE BIT.

SO YOU DON'T THINK THE POOL ADDS A, ADDS AN AMENITY VALUE THAT WILL ALLOW YOU TO INCREASE THE SALES PRICE OF THESE UNITS? THERE'S SOME, THERE'S SOME FACTOR TO IT, BUT IT'S NOT SIGNIFICANT, LIKE VERY SIGNIFICANT AS YOU WOULD THINK IT IS.

UM, THE OUTDOOR SPACE WILL STILL BE THERE.

IT JUST HOLE IN THE GROUND WITH WATER.

UM, IT'S STILL GOT THE OUTDOOR KITCHEN.

WE'LL HAVE YARD GAMES, A FEW MORE AMENITIES WHERE WE CAN, SO IF WE DENY THE WAIVER, THEN WE'RE NOT IMPACTING THE, THE, YOUR FINANCIAL GAME, YOUR FINANCIAL ABILITY TO BRING THIS PROJECT TO BEAR.

NO.

THAT DENYING THE WAIVER DOESN'T IMPACT OUR FINANCIAL ABILITY TO BRING THE PROJECT.

BUT I MEAN, IT DOES HAVE AN IMPACT ON THE COMMUNITY OVERALL.

UM, AND WHEN WE'RE DISCUSSING GRILLS AND WHATNOT, I MEAN, WHAT'S STOPPING ONE OF THE RESIDENTS THERE FROM PULLING OUT A GRILL ON THEIR DECK OR RIGHT NEXT TO THEIR HOME TO GRILL? I'M NOT, I'M NOT WORRIED ABOUT THE GRILL.

I'M, I'M, I AM, I'M FOCUSED.

YOU'RE, YOU'RE SPECIFICALLY ASKING US FOR A SPECIAL DISPENSATION FOR THE POOL.

UM, AND, AND THE QUESTION IS, IF YOU'RE ASKING US FOR A SPECIAL DISPENSATION, ARE YOU WILLING TO PROVIDE COMMUNITY BENEFITS? AND THE ANSWER TO THAT SEEMS TO BE NO.

UNLESS YOU'RE GONNA TELL ME OTHERWISE.

WELL, WE DISCUSSED WITH THE RESIDENTS THAT MET US OUT THERE, UM, WHEN WE WERE ON SITE WAS, THERE'S A SHARED FENCE THAT RUNS ALONG THE MCMURRAY PROPERTY.

SO IF WE WERE GONNA DO ANYTHING TO THAT FENCE OR HAVE OUR FENCES TIE INTO IT, WE OFFERED TO MAINTAIN OUR HALF OF IT.

[00:45:01]

THAT WAS KIND OF ONE POINT THEY BROUGHT UP WAS A POINT OF CONCERN FOR THEM.

UM, AND THEN BESIDES THAT, IT WAS REALLY JUST HOW OUR TWO HOAS WORK TOGETHER TO MAKE SURE EVERYTHING, YOU KNOW, GOES WELL.

UM, THEY HAD QUESTIONS ABOUT DRAINAGE BECAUSE MCM DOESN'T HAVE GOOD DRAINAGE INFRASTRUCTURE.

WE'RE KEEP DOING ANYWAYS.

MCM DOESN'T HAVE GOOD DRAINAGE INFRASTRUCTURE.

WE'RE IMPROVING THE STREET THERE.

ANOTHER QUESTION WAS, WE DON'T HAVE A SIDEWALK ON OUR SIDE, THE ENTIRE FRONTAGE OF MURA, WE'RE ADDING A SIDEWALK.

WELL, YOU'RE BEING REQUIRED TO ADD THE SIDEWALK.

THAT'S RIGHT.

BUT IT IS A BENEFIT BECAUSE IT DOESN'T EXIST THERE CURRENTLY.

OKAY.

THAT'S IT, MR. CHAIRMAN.

THANK YOU.

COMMISSIONER HAYNES, DO WE HAVE OTHER COMMISSIONERS WITH QUESTIONS? COMMISSIONER PHILLIPS, GO AHEAD.

I, I NOTICED THAT MS. LOT HAD HER HAND UP.

DID YOU HAVE SOMETHING TO ADD TO THE CONVERSATION FOR ALL CONSIDERATION VERY QUICKLY? UM, THEY'RE AVOIDING NUMBERS HERE.

THEY'VE SOLD BETWEEN 33 AND 40 UNITS ALREADY, SO THEY COULD READILY BE ABLE TO GIVE YOU SOME NUMBERS ON WHAT THEIR PROFITS ARE.

I DO APPRECIATE THAT QUESTION.

UM, THE DRAINAGE FOR MC MARA, AGAIN, I'VE LIVED THERE SINCE IT WAS BUILT IN 2007.

IT IS PERFECTLY FINE.

WE HAVE NEVER FLOODED.

UM, WHAT THEY'RE BASICALLY AVOIDING IS THAT THEY COULD PUT IN LESS HOMES TO MAKE THIS SPACE.

THANK YOU.

THANK YOU.

THANK YOU.

COMMISSIONER PHILLIPS, OTHER COMMISSIONERS WITH QUESTIONS AT THIS TIME? I, IF THERE'S NOT, I DO HAVE A QUESTION.

UM, I'M NOT SURE WHO FROM THE APPLICANT TEAM CAN HELP ANSWER THIS.

UM, SO WE HAVE THE 3D RENDERS AND BOTH IN THE BACKUP AND IT WAS IN THE PRESENTATION AS WELL.

I APPRECIATE THAT, OF LOOKING AT THE WAY THE POOL'S GONNA BE CREATED.

WAS THERE ANY CONSIDERATION OF HAVING SOME KIND OF VEGETATION OR VEGETATIVE BUFFER IN THAT SORT OF BOUNDARY WALL IN BETWEEN THE POOL DECK? I DUNNO HOW ELSE TO DESCRIBE IT.

HELLO.

THANKS FOR ASKING.

YES, THAT WAS A CONSIDERATION.

WE'VE WORKED, UM, VERY EXTENSIVELY WITH THE LANDSCAPE TEAM TO MAKE SURE THAT THIS AMENITY AREA IS AS BEAUTIFUL AND GREEN AS POSSIBLE.

I, I APPRECIATE THAT.

AND JUST AS A FOLLOW UP, SO THERE WILL BE SOME SCREENING AGAINST YES SIR.

THERE WILL BE VEGETATIVE SCREENING AND AN ACTUAL FENCE.

OKAY.

SO IT'S OKAY.

I APPRECIATE THAT.

THANK YOU VERY MUCH.

MM-HMM, , I APPRECIATE THAT.

WE HAVE ONE OTHER SPOT LEFT.

DO WE HAVE ANY COMMISSIONERS WITH QUESTIONS? UH, COMMISSIONER SKIDMORE? YEAH, JUST A QUICK QUESTION.

I'M LOOKING AT THE SITE PLAN, I GUESS IT MAY BE TO THE APPLICANT.

JUST WANNA MAKE SURE I'M INTERPRETING IT CORRECTLY.

IT LOOKS LIKE THE PROPOSED FENCE OR WALL IS NOT ON THE PROPERTY LINE, BUT SET BACK ONTO THE DEVELOPERS OR THE APPLICANT'S PROPERTY.

COULD YOU DESCRIBE THAT CONFIGURATION TO ME A LITTLE BIT? UH, BETTER COMMISSIONER SKIDMORE, WE HAVE THE APPLICANT WALKING UP.

ABSOLUTELY.

UM, THE PROPERTY LINE OF MACOR ROAD THAT'S SHARED WITH MACOR COTTAGES HAS SEVERAL TREES ON IT.

AND THE PROPERTY FENCE IN THIS AREA IS KIND OF HAS TO MEANDER TO AVOID THE CRITICAL ROOT ZONES.

SO THEN, SO THAT FENCE IS, HAS BEEN SET BACK ESSENTIALLY ONTO YOUR PROPERTY.

OKAY.

THANK YOU CHAIR.

THANK YOU.

COMMISSIONER IS SKIDMORE.

THAT'S ALL THE QUESTIONS THAT WE HAVE ALLOTTED TO OURSELVES.

UM, DO I HAVE A MOTION ON THIS ITEM? COMMISSIONER JOHNSON? I'LL MOVE THE STAFF RECOMMENDATION SECONDED BY COMMISSIONER MAXWELL.

THANK YOU.

THIS IS A MOTION BY COMMISSIONER JOHNSON, SECONDED BY COMMISSIONER MAXWELL TO MOVE FORWARD WITH STAFF RECOMMENDATION.

UM, THIS TAKES US TO OUR DEBATE.

WE AS ALWAYS, WE HAVE THREE FOLKS IN FAVOR AND THREE AGAINST THOSE FOUR.

UH, COMMISSIONER JOHNSON, I'LL LET YOU SPEAK IN FAVOR FOR SINCE YOU MADE THE MOTION.

THANK YOU.

UM, LOOK, I UNDERSTAND THIS IS A, AN APPLICATION FOR A WAIVER AND NOT SIMPLY AN APPROVAL UNDER BASE CODE.

UH, BUT I THINK IT'S WORTH NOTING THAT THIS IS A WAIVER FROM A RULE THAT IS FRANKLY, PRETTY SILLY AND PROBABLY NEEDS TO BE UPDATED AS IT HASN'T REALLY IN AS DECADES.

UM, THE NOTION THAT A SWIMMING POOL CLOSER THAN 50 FEET FROM A PROPERTY LINE WILL SOMEHOW CAUSE HARM TO ANYONE IS, IS JUST AR IN MY MIND.

AND THAT A SWIMMING POOL 25 FEET AWAY FROM A FENCE THAT'S AT LEAST 10 FEET AWAY, IF NOT FURTHER FROM THE NEAREST PROPERTY, IT, IT JUST KIND OF BLOWS MY MIND THAT WE'RE REALLY HAVING A, A 45 MINUTE DEBATE ABOUT WHETHER A CONDO COMPLEX SHOULD BE ABLE TO HAVE A POOL, YOU KNOW, 40 FEET AWAY FROM THEIR NEIGHBOR WITH DOZENS OF TREES AND A FENCE IN BETWEEN.

LIKE, LET'S KIND OF GET SERIOUS

[00:50:01]

HERE, LET 'EM HAVE A POOL.

IT'S AUSTIN, IT GETS HOT.

I WANT PEOPLE TO LIVE IN NICE PLACES AND, AND HAVE NICE THINGS AND THEY'RE GOING TO BUILD THIS NO MATTER WHAT POOL OR NOT.

UH, WHY NOT LET THESE 55 HOUSEHOLDS HAVE ACCESS TO A SWIMMING POOL THAT THEY DON'T HAVE TO PAY FOR AT THE YMCA OR DRIVE MILES TO GET TO, UH, AT ONE OF THE PUBLIC POOLS THAT ARE SEVERAL MILES AWAY FROM THIS PROPERTY.

SO, UM, I'M IN FAVOR OF THIS FOR, FOR THOSE REASONS.

THANK YOU COMMISSIONER JOHNSON.

COMMISSIONER SPEAKING AGAINST THIS ITEM OR THIS MOTION.

COMMISSIONER HAYNES, I'LL SPEAK AGAINST, UM, COMMISSIONER JOHNSON.

I, I, I ACTUALLY AGREE WITH YOU.

I LIKE, I LIKE NICE THINGS AND I WANT PEOPLE TO HAVE NICE, NICE PLACES.

AND, UM, UH, THE FACT THAT THEY'VE ALREADY SOLD 33 OF THESE UNITS AND, AND THE OWNER HAS INDICATED THAT THEY DON'T KNOW WHAT THE UNITS ARE GONNA SELL FOR, IT'S A LITTLE BIT SUSS AS THE, AS THE KIDS SAY.

UM, AND THEN, UM, THE, THE FACT THAT THE, THEY'VE ALREADY SOLD 33 UNITS AND THEY'VE SAID THE POOL MAY OR MAY NOT BE THERE, MEANS THAT THE POOL'S NOT THAT BIG A DEAL.

AND THE OWNER IN FACT TESTIFIED THAT THE POOL IS NOT THAT BIG OF AN AMENITY AND IT'S NOT GOING TO DETERMINE THE FINANCIAL WELLBEING OR THE, UM, THE FINANCIAL SUCCESS OF, OF THIS, UH, OF, OF THIS ENTITY, OF THIS H THAT'S ULTIMATELY GONNA BE AN HOA, THIS, UM, ENCLAVE, IF YOU WILL, THAT WALLED COMMUNITY IN THE, IN THE NEIGHBORHOOD.

AND SO, UM, IF THE APPLICANT IS COMING TO US FOR A WAIVER, EVEN IF IT IS FARCICAL, EVEN IF IT IS ANTIQUATED, EVEN IF IT IS, UM, OUTDATED, IT IS THE LAW AND WE ARE TASKED WITH UPHOLDING THE LAW.

AND UM, OBVIOUSLY WE, WE HAVE THE ABILITY TO GRANT A WAIVER.

BUT, UM, UH, THE KIND OF THE LINE OF QUESTIONING IS, IS THAT IF WE'RE GOING TO GRANT A WAIVER, THEN IF WE'RE GOING TO GIVE SPECIAL DISPENSATION, IS THERE AN OFFSET? THE APPLICANT HAS SAID NO, THERE'S NOT GONNA BE AN OFFSET.

AND TO ME THAT'S JUST A, THAT'S, THAT'S NOT NEIGHBORLY.

IT'S NOT BEING, UM, UH, STARTING OFF TO BE A GOOD NEIGHBOR.

AND IT'S NOT THE AUSTIN WAY.

I MEAN, WE ARE HERE FOR A COMMUNITY AND WE ARE HERE TO BETTER THE COMMUNITY.

IF THEY'RE GONNA COME IN AND INFRINGE ON FOLKS', PRIVATE PROPERTY RIGHTS, THERE SHOULD BE AN OFFSET.

AND SO FOR THAT, I'M, I'M, I AM NOT FOR THE STAFF'S RECOMMENDATION.

THANK YOU COMMISSIONER.

THANK YOU.

COMMISSIONER HAYNES.

COMMISSIONER SPEAKING FOR COMMISSIONER.

OH, COMMISSIONER ANDERSON.

OH, COMMISSIONER AXWELL.

UH, I WANTED TO ECHO EXACTLY WHAT COMMISSIONER JOHNSON AND ACTUALLY AN EARLIER POINT BY COMMISSIONER ANDERSON.

I THINK THAT THESE SET OF RULES, UM, HAVE PROVEN TO THEMSELVES TO BE FOR SOME AND NOT FOR ALL.

SO WHEN WE TALK ABOUT QUALITY, WE TALK ABOUT HOW CERTAIN SINGLE FAMILY AND OTHER TYPES OF RESIDENTS ARE EXEMPTED FROM THESE RULES AND OTHER FOLKS HAVE TO GO THROUGH THIS WAIVER PROCESS.

AS A PERSON WHO LIVES IN AN HOA COMMUNITY SIMILAR TO THIS, NOT QUITE AS LARGE, I WOULD JUST PERSONALLY SAY WE'D KILL FOR A POOL .

AND IN FACT, WE ACTUALLY TRIED TO GET ONE OF OUR HOUSES CURRENT USE TURNED INTO A POOL, WHICH WAS UNFEASIBLE IN OUR CURRENT CODE.

AND YOU KNOW WHAT? I'M GLAD WE KEPT THE HOUSE BECAUSE THAT'S WHAT WE ACTUALLY NEED IN AUSTIN IS MORE HOUSING.

AND THIS IS TWO HOMES TURNING INTO SEVERAL HOMES.

SO CONGRATULATIONS TO THE DEVELOPER FOR MAKING THIS ALL WORK.

I'M PARTICULARLY PLEASED THAT YOU ARE TRYING TO OFFER AMENITIES LIKE A POOL TO A COMMUNITY LIKE THIS SO THAT WE REALLY CAN ENCOURAGE FAMILIES TO HAVE STARTER HOMES THAT LOOK LIKE THIS AND FEEL LIKE A COMMUNITY.

UM, I THINK THIS IS AN EXCELLENT, UH, DEVELOPMENT AND I'M REALLY EXCITED TO SEE IT MOVE FORWARD.

AND I DO THINK THAT THIS RULE IS OUTDATED AND SHOULD BE CHANGED.

AND OBVIOUSLY I'LL BE IN SUPPORT OF STAFF'S RECOMMENDATION.

THANK YOU.

COMMISSIONER MAXWELL, COMMISSIONER SPEAKING AGAINST COMMISSIONER SPEAKING FOR THE ITEM.

COMMISSIONER ANDERSON, I'LL BE BRIEF.

SO, UH, I, I WANNA BE CLEAR, I DON'T THINK THERE HAVE BEEN ANY CLOSINGS HERE.

THEY MIGHT HAVE CONTRACTS, BUT THERE'S A VERY BIG DIFFERENCE BETWEEN A CONTRACT AND AN ACTUAL CLOSING.

SO WHAT THOSE HOMES END UP CLOSING AT, WE NEVER REALLY KNOW WHAT THE MARKET'S GONNA DO BETWEEN HERE AND THERE.

SO I WANNA BE CAREFUL WITH THINKING THAT THOSE THINGS ARE THE SAME.

'CAUSE THEY'RE DEFINITELY NOT.

BUT ALSO, YOU KNOW, JUST LOVE WHAT WAS JUST SAID THAT ABOUT THE SILLY OUTDATED RULE AND ALLOWING, YOU KNOW, I HAD A STUDENT ONE TIME THAT WROTE A PAPER RECENTLY CALLED CONDOS ARE THE NEW STARTER HOMES, RIGHT? THE SINGLE FAMILY HOMES IN AUSTIN ARE SO OUT OF WHACK AND EXPENSIVE THAT CONDOS ARE THE NEW STARTER HOMES.

AND TO NOT HAVE THE KIDDOS WHO ARE GONNA LIVE IN THIS COMMUNITY, THE ABILITY TO JUMP IN A POOL IS SOMETHING I CAN'T SUPPORT.

SO I'M EXCITED TO

[00:55:01]

SUPPORT THIS MOTION.

THANK YOU.

COMMISSIONER ANDERSON.

COMMISSIONER SPEAKING AGAINST COMMISSIONER PHILLIPS.

SO I WANNA SAY I AM NOT AGAINST ANYONE HAVING A POOL.

I'M NOT AGAINST MORE CONDOS BEING BUILT, BUT I I I AM FOR TRANSPARENCY.

AND IF THESE CONDOS HAVE BEEN ON THE MARKET AND SOME OF THEM HAVE BEEN SOLD REGARDLESS OF WHAT THE CLOSING PRICE IS, THAT WAS THE QUESTION.

PEOPLE, PEOPLE CAN, CAN, UH, COMMIT OMISSION AND THAT THEY GET AWAY WITH THAT.

IT, IT'S NOT A NICE THING.

IT REALLY IS NOT A NICE THING.

WHEN THAT QUESTION IS ASKED, IT SHOULD BE ANSWERED TRUTHFULLY, TRUTHFULLY, WITH TRANSPARENCY AND THE FACT THAT, THAT IT'S NOT, AND THEN WE'RE TRYING TO DO SOME KINDS OF GYMNASTICS TO FIND A WAY OUT OF PROVIDING THAT TRUTH RIGHT HERE IS DISAPPOINTING.

SO I WOULD SAY THAT THAT, UM, FOR THAT REASON, I'M, I'M NOT GONNA VOTE FOR THIS.

AND ALSO BECAUSE I DO BELIEVE THAT IT IS THE LAW WE CAN WAIVE, UH, AND, AND THAT'S SOMETHING THAT WE CAN DO, BUT ALSO SOMETHING THAT THE OWNERS AND DEVELOPERS COULD DO WAS TO WORK MORE CLOSELY WITH THEIR NEIGHBORS.

IT'S IMPORTANT TO GET OFF TO THE RIGHT START.

THAT'S IMPORTANT.

WE TALK ABOUT AUSTIN VALUES, YOU TALKED ABOUT AUSTIN VALUES, WE TALK ABOUT AUSTIN VALUES GETTING OFF TO THE RIGHT START WITH YOUR NEIGHBORS AND I'M SURE THAT SOMETHING COULD HAVE BEEN WORKED OUT ON BOTH SIDES AND THAT'S WHY I'LL BE VOTING AGAINST IT.

THANK YOU.

COMMISSIONER PHILLIPS NOT SEEING ANY OTHER COMMENTS? I'M GONNA GO AHEAD, MR. CHAIRMAN.

YES, I'D LIKE TO OFFER A SUBSTITUTE MEASURE.

UM, GO AHEAD COMMISSIONER.

I'D LIKE TO, UH, OFFER A SUBSTITUTE MOTION TO POSTPONE THIS MATTER UNTIL MARCH THE, THE, OUR MEETING ON MARCH THE 26TH TO ALLOW THE NEIGHBORS AND THE DEVELOPER MORE TIME TO, UH, NEGOTIATE, UH, UH, COMMUNITY BENEFITS.

THANK YOU.

COMMISSIONER HAYNES, DO WE HAVE A SECOND