[00:00:01]
LET'S SEE.COMMISSIONER PHILLIPS, DO YOU WANNA COME ONLINE? SERGEANT IS UP HERE.
UM, HAVING A QUORUM PRESENT, I NOW CALL THIS
[ Determination of Quorum / Meeting Called to Order]
MEETING THE PLANNING COMMISSION ORDER AT 6:12 PM FIRST OFF, WE WILL TAKE ROLL CALL.UM, SO JUST ACKNOWLEDGE YOUR PRESENCE WHEN I CALL YOUR NAME.
WE'LL GO IN ALPHABETICAL ORDER LIKE YOU SEE IN THE AGENDA.
COMMISSIONER HOWARD IS ABSENT THIS EVENING.
COMMISSIONER JOHNSON IS ABSENT THIS EVENING.
COMMISSIONER MOTALA IS ABSENT THIS EVENING.
COMMISSIONER PHILLIPS, I I SEE YOU GIVEN A THUMBS UP.
COMMISSIONER SKIDMORE HERE AND COMMISSIONER WOODS IS ABSENT THIS EVENING AND I WANT TO ACKNOWLEDGE CHAIR COHEN HERE WITH US AS AN EX OFFICIO.
PER USUAL, TONIGHT'S MEETING WILL BE HYBRID
SO WE HAVE COMMISSIONERS HERE IN CHAMBERS AND ONE IN ATTENDANCE VIRTUALLY.
UM, SIMILARLY, SPEAKERS CAN PRESENT FROM THE CHAMBERS OR PARTICIPATE VIRTUALLY.
SO COMMISSIONERS THAT ARE ONLINE, PLEASE REMEMBER TO SEND YOUR SIGN IN SHEET TO OUR STAFF LIAISON AND HAVE YOUR GREEN, RED, AND YELLOW ITEMS FOR VOTING.
AND IF I DON'T HAPPEN TO SEE YOU, JUST COME OFFLINE OR OFF MUTE AND LET ME KNOW, UM, THAT YOU'D LIKE TO SPEAK.
[PUBLIC COMMUNICATION]
MR. RIVERA, DO WE HAVE ANYONE SIGNED UP TO SPEAK DURING PUBLIC COMMUNICATION CHAIR? WE DO.UM, WE HAVE MS. TIFFANY WASHINGTON, MS. WASHINGTON.
IF YOU COULD, UM, SELECT STAR SIX AND THEN PROCEED WITH YOUR REMARKS.
HELLO, MY NAME IS TIFFANY WASHINGTON.
I'M THE ONLY BLACK FEMALE FARMER IN DISTRICT ONE AT THE CORNER OF MAINOR ROAD IN ROCKY LANE ON BUS LINE 20.
I WOULD LIKE TO DISCUSS THIS PLANNING COMMISSION'S INVOLVEMENT IN THE DEROGATORY NEIGHBORHOODS CONCEPT, ESPECIALLY WHILE PLANNING OUT THE CITY MY FAMILY WAS ENSLAVED IN.
NOT ONLY WAS MY FAMILY ENSLAVED HERE, MEMBERS OF MY FAMILY WERE PROMINENT CIVIL RIGHTS ACTIVISTS THAT HAVE BEEN WRITTEN ABOUT, PUBLISHED ABOUT, AND WHO ARE NATIONALLY KNOWN.
I WOULD LIKE FOR MY CHILDREN, MY GRANDCHILDREN, AND MY GREAT-GRANDCHILDREN TO HAVE THE SAME PRIVILEGE THAT EVERY ONE OF MY FAMILY MEMBERS BEFORE ME WORKED SO HARD FOR THE RIGHT TO BE HERE.
I DON'T KNOW ALL OF THE CODES AND LAND USE LAWS.
I DO KNOW THAT BLACK PEOPLE HAVE BEEN INVISIBLE PARTICIPANTS IN PLANNING.
WE HAVE BEEN UNWILLING PARTICIPANTS.
WE HAVE BEEN UNKNOWING AND UNINFORMED PARTICIPANTS AND DECISIONS HAVE BEEN MADE WITHOUT OUR INPUT.
I KNOW THAT THERE ARE OPPORTUNITIES THAT ARE COMING DOWN THE PIPELINE OPPORTUNITIES THAT I MEET THE CRITERIA FOR, AND I REFUSE TO PARTICIPATE IN THE DEROGATORY AGRI HOODING OF AUSTIN.
WHATEVER OPPORTUNITIES THE CITY HAS AVAILABLE FOR ME AS A TRAINED GRADUATE OF FARM SHARE AUSTIN, WHICH THE CITY SUPPORTS FUNDS AND HAS ALLOWED TO LEAD THIS, THOSE ARE THE OPPORTUNITIES I WANT.
WE CAN ALL MAKE AUSTIN A BETTER PLACE BY REVAMPING AND REFOCUSING ON WHAT FRESH FOOD AREAS ARE NEEDED AND WHAT SPACES ARE AVAILABLE.
I AM TRAINED BY FARM SHARE, SO THERE'S NO REASON FOR YOU NOT TO TRUST MY ABILITY OR CAPACITY.
I'M LETTING Y'ALL KNOW THESE ARE OPPORTUNITIES THAT SHOULD BE MINE.
FIRST, I SHOULD NOT BE AN AFTERTHOUGHT OR TO THE AFTERMATH OF SLAVERY.
IF I HAVE TO PAY MY MORTGAGE, THEN THE CITY HAS TO PAY FOR THE LAND I'M GONNA FARM ON, AND THE WATER I'M GOING TO USE TO OFFSET THE COST OF BLACK FARMER TO DESERVE MY GENERATIONAL, WHO DESERVE MY GENERATIONAL RIGHT TO STAY HERE.
I KNOW THAT THERE'S LAND JUST SITTING IN THE CITY LIMITS, WHETHER IT BE HALF AN ACRE, TWO ACRES, WHATEVER, THE EXPANSION OF 35, THAT GREEN SPACE THERE, THAT'S WHAT I WAS BORN TO DO, CULTIVATE THIS LAND TO HONOR MY ANCESTORS.
SO SINCE I'M NOT ABLE TO FARM ON THE CORNER OF MANNAR, SINCE MY COUNCIL MEMBER HAS NEGLECTED THE FACT THAT I'M THE ONLY BLACK FARMER IN HER DISTRICT, AND SINCE FARMING HEALTH BENEFIT VETERANS WITH PTSD SUCH AS MYSELF, THE OPPORTUNITIES ARE ENDLESS.
AND THE PLANNING COMMISSION HAS AN OPPORTUNITY RIGHT NOW TO DO SOMETHING, PLAN SOMETHING CENTRALIZED AND WALKABLE, NOT HYDROPONIC, BUT SOMETHING GREEN FROM THE SOIL.
UM, AND I WOULD, I MEAN, I WOULD LIKE TO WORK WITH THIS PLANNING COMMISSION BECAUSE THE OTHER COMMISSION SEEM NOT TO UNDERSTAND THE VALUE OF FARMING IN SMALL SPACES.
I THANK YOU GUYS FOR YOUR TIME.
[00:05:01]
FOR PUBLIC COMMUNICATION.MOVE ON TO APPROVAL OF THE MINUTES.
[APPROVAL OF MINUTES]
THE FIRST ITEM ON THE CONSENT AGENDA IS THE APPROVAL OF THE MINUTES FROM THE REGULAR MEETINGS OF APRIL 23RD AND THE SPECIAL CALL MEETING ON APRIL 30TH.DOES ANYONE HAVE ANY EDITS TO THOSE MINUTES? OKAY, HEARING NONE.
UM, THE MEETINGS, THE MINUTES WILL BE ADDED TO THE CONSENT AGENDA AS POSTED.
I WANTED TO, UM, UH, ACKNOWLEDGE COMMISSIONER COX IS ONLINE AS WELL.
ALL RIGHT, MOVING ON OUR 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. COMMISSIONERS ZA WILL READ THE PROPOSED CONSENT AGENDA AND IDENTIFY THOSE THAT ARE CONSENT, POSTPONEMENT AND NON-DISCUSSION AND COMMISSIONERS.
YOU'LL ALSO HAVE THE OPPORTUNITY TO REQUEST ITEM CONSENT ITEMS TO BE PULLED FOR DISCUSSION.
UM, SO I'M GONNA BE GOING TO THE PUBLIC HEARING ITEMS. THIS IS I NUMBER TWO, PLAN AMENDMENT NPA DASH 2023 DASH 0 2 0 1 CHRISTCHURCH PLANNING DISTRICT THREE.
THIS ITEM IS UP FOR STAFF POSTPONEMENT TO JUNE 11TH.
I NUMBER THREE, PLAN AMENDMENT NPA DASH 2023 DASH 0 0 1 9 0 1 AL STREET RESIDENCES, DISTRICT NINE.
THIS ITEM IS UP FOR STAFF POSTPONEMENT TO MAY 28TH.
I NUMBER FOUR IS A REZONING C 14 DASH 2024 DASH 0 3 5 AL STREET RESIDENCES, DISTRICT NINE.
THIS ITEM IS ALSO UP FOR A STAFF POSTPONEMENT TO MAY 28TH.
UM, THIS IS A PLAN AMENDMENT AND PA DASH 2022 DASH 0 0 2 OH.
UH, TWO 0.01 INDUSTRIAL BOULEVARD, ONTARIO LANE, DISTRICT NINE, DISTRICT THREE.
THIS ITEM IS UP FOR DISCUSSION.
OH, SORRY, I'M REALLY GETTING THIS WRONG.
ITEM NUMBER FIVE, PLAN AMENDMENT NPA DASH 2022 DASH 0 0 2 0 0.01 INDUSTRIAL BOULEVARD, ONTARIO LANE, DISTRICT THREE.
THIS ITEM IS UP FOR CONSENT, THE ASSOCIATED REZONING NUMBER SIX.
UM, THIS IS C 14 DASH 2022 DASH 0 6 2 INDUSTRIAL BOULEVARD, ONTARIO LANE, DISTRICT THREE.
I'M NUMBER SEVEN NPA DASH 2023 DASH 0 0 2 3 0 3 SH 6 3 0 4 MAINER ROAD DISTRICT FOUR.
THIS ITEM IS UP FOR STAFF POSTPONEMENT TO MAY 28TH.
ITEM NUMBER EIGHT, REZONING C 14 DASH 2024 DASH 0 26.
PEYTON JANE APARTMENTS DISTRICT FOUR.
THIS ITEM IS UP FOR DISCUSSION ITEM NUMBER NINE, REZONING C 14 DASH 2 24 DASH 0 0 3 8 2001, 2003 2005 IN 2007 SOUTH LAMAR DB 90 REZONING DISTRICT NINE.
I NUMBER 10 IS A REZONING C 14 DASH 2024 DASH 0 0 2 2 2700 DELTO ROAD, UM, DISTRICT FIVE.
THIS ITEM IS UP FOR APPLICANT POSTPONED BY JUNE 11TH.
UM, THIS IS C 14 DASH 2024 DASH 0 0 5 2 8 21 WOODWARD DISTRICT THREE.
I NUMBER 12 IS A REZONING C 14 DASH 2022 DASH ZERO SIXTEEN TWO TEN SIX ZERO ONE NORTH LAMAR BOULEVARD, DISTRICT FOUR.
THIS ITEM IS UP FOR CONSENT I NUMBER 13 C EIGHT 14 DASH 2023 DASH 0 0 2 7 311, AND THREE 15 SOUTH CONGRESS.
BUT DISTRICT NINE, UH, THIS ITEM IS UP FOR, UH, CONSENT NEIGHBORHOOD POSTPONEMENT TO MAY 28TH.
I'M NUMBER 14 OF REZONING, UH, C 14 DASH 2024 DASH 0 0 5 9 18 0 9 WEST 35TH STREET, DISTRICT 10.
THIS ITEM IS OF FIRST STAFF POSTPONEMENT TO MAY 28TH, I NUMBER 15 C 14 DASH.
THIS IS REZONING C 14 DASH 2024 DASH 0 0 5 5 EAST 51ST STREET IN CAMERON ROAD.
I NUMBER 16 IS A REZONING C 14 DASH 2024 DASH 0 4 3 UNIVERSITY PARK SOUTH.
THIS ITEM IS UP FOR NEIGHBORHOOD POSTPONEMENT TO MAY 28TH.
I NUMBER 17 IS A REZONING C 14 DASH 2024 DASH 0 0 4 4 UNIVERSITY PARK NORTH.
I NUMBER 18 IS A HISTORIC ZONING, A C 14 H DASH 20 20 24 DASH 0 0 1 FASHION AT BEAUTY SHOP MCDONALD JACKSON HOUSE DISTRICT ONE.
THE ITEM IS UP FOR DISCUSSION.
ITEM NUMBER 19 IS HISTORIC ZONING, C 14 H DASH 2024 DASH 0 0 1 16 RUSSELL AND JEAN LEE HOUSE DISTRICT NINE.
ITEM 20 IS A RIGHT OF WAY ALLEY VACATION 2022 DASH 15 0 5 4 7 LM 2000 UNIVERSITY DISTRICT NINE.
UM, ITEM NUMBER 21 IS ALSO RIGHT OF WAY ALLEY VACATION 2022 DASH 16 34 60 LM UH, 2015 WHITE IS DISTRICT NINE.
ITEM NUMBER 22 IS AN LDC AMENDMENT C 20 DASH 2022 DASH ZERO FIVE D, UH, COLORADO
THIS ITEM WAS POSTED IN ERROR, SO THERE IS NO ACTION TONIGHT.
I NUMBER 23 IS, UH, RELATED TO IMAGINE AUSTIN.
THIS IS THE IMAGINE AUSTIN PLANNING COMMISSION, FY 24 25 CIP.
ITEM 20, ITEM NUMBER 24 IS THE LDC AMENDMENT C 20 DASH 2022, UH, DASH 0 2 0 B SITE PLAN, LIGHT PHASE TWO
[00:10:01]
AND INFILL LOTS.THIS ITEM IS UP FOR STAFF POSTPONEMENT TO JUNE 11TH.
AND THAT IS ALL OF OUR, UM, PUBLIC HEARING ITEMS, CHAIR.
DO WE HAVE ANY COMMISSIONERS THAT NEED TO RECUSE OR ABSTAIN FROM ITEMS ON THE AGENDA? QUESTION CHAIR? YES.
COMMISSIONER COX IS I, IS ITEM 13 DISCUSSION OR CONSENT? IT RIGHT NOW IS ON CONSENT NEIGHBORHOOD POSTPONEMENT TO MAY 28TH.
AND ESSENTIALLY NEIGHBORHOOD POSTPONEMENT TO MAY 28TH, BUT FOR NOW, IT'S A CONSENT POSTPONEMENT, NOT A DISCUSSION POSTPONEMENT.
CAN, CAN WE PULL THAT FOR DISCUSSION? I THAT'S ITEM 13 SOUTH CONGRESS P.
AND IT JUST HAS BEEN PULLED FOR DIS A DISCUSSION.
QUICK COMMENT ON THE CONSENT AGENDA.
SO I, I KNOW ITEM 22 IS POSTED IN ERROR, BUT BEFORE THAT WAS KNOWN TO THE PUBLIC, I RECEIVED A LOT OF PHONE CALLS FROM FOLKS THAT WERE REALLY NERVOUS ABOUT THAT.
AND AS, AS I UNDERSTAND IT, LAST TIME IT LOOKED TO IT, IT WAS, IT FELT VERY ILL CONCEIVED LAST TIME WE SAW IT.
SO I HOPE THAT WHEN, AND IF THIS DOES COME BACK, THAT THERE'S A LOT OF LEGWORK THAT HAPPENS BEFORE IT COMES TO US.
THANK YOU, COMMISSIONER ANDERSON.
UM, I, I JUST HAVE A QUESTION ABOUT ITEM NUMBER SIX.
SO I DON'T WANNA PULL IT FOR DISCUSSION.
I JUST WANNA ASK A QUESTION OF THE APPLICANT, BUT I DON'T KNOW IF THIS'S THE RIGHT TIME TO THAT.
YES, GO AHEAD COLEMAN FOR THE APPLICANT.
SO MY QUESTION REALLY, AND I'VE RECEIVED EMAILS FROM FOLKS ABOUT THE WORK THAT YOU GUYS ARE DOING WITH THE NEIGHBORHOOD, AND I JUST KIND OF WANTED TO GET FOR THE PUBLIC RECORD.
CAN YOU TELL ME MORE ABOUT THE WORK YOU'VE BEEN DOING WITH THE NEIGHBORHOOD PLANNING CONTACT TEAM AND YOUR EFFORTS TO MEET THEIR NEEDS? YOU SHOULD.
UM, SO WE HAD ORIGINALLY SPOKEN ABOUT DOING SOME FORM OF STRATEGIC AFFORDABLE RETAIL, AND THERE JUST ISN'T ANY PLAN TO PUT SOMETHING LIKE THAT TOGETHER.
SO WE'RE BACK ON THE HOUSING CONVERSATION THAT, WHICH MAKES IT PRETTY STRAIGHTFORWARD.
TWO ITEMS THERE, WE'VE AGREED TO.
WE'RE GONNA, WE'RE GONNA MOVE FORWARD WITH SMART HOUSING AT THIS TIME, GONNA OFFER US UP INTO HAPPILY IN THE SMART HOUSING PROGRAM, UM, AT 10% AFFORDABILITY.
AND OUR, THAT WILL BE OUR, THAT WILL BE OUR PERCENTAGE NUMBER, AND THEN THE INTERNAL NUMBER FROM THERE, WE'RE STARTING A CONVERSATION AT 60% MEDIUM FAMILY INCOME.
WE UNDERSTAND THAT MIGHT CHANGE, THAT INTERNAL MIX MIGHT CHANGE AT COUNCIL.
WE'RE VERY FIRM ON THE 10, BUT THE, THE 60 COULD DILATE OR THAT COULD CHANGE DEPENDING ON THE CONVERSATIONS WE'RE HAVING.
UM, AND I'M WORKING PRETTY CLOSELY WITH MARIO NEW WRINKLE.
UM, WE'RE ALSO TALKING TO, WE'RE ALSO TALKING TO, UM, UH, CAPITAL A AND, UH, I HAVE A MEETING WITH SET WITH HIM AND AN APPOINTMENT SET WITH HIM FRIDAY, FRIDAY NEXT.
THAT COULD TAKE THINGS IN A DIFFERENT DIRECTION, BUT IT WILL RESULT IN, BY THIRD READING, WE WILL HAVE A, A BINDING INSTRUMENT OF SOME KIND IN PLACE.
AND I CAN CIRCULATE THAT TO YOU WHEN THE TIME COMES, IF, IF YOU NEED, NEED THAT.
JUST ONE OTHER QUICK QUESTION.
CAN YOU, UH, CAN YOU SPEAK TO WHAT NEGOTIATIONS YOU'VE ALL HAD AROUND THE AFFORDABILITY PERIOD, AROUND THE AFFORDABILITY? WHAT PERIOD, HOW LONG WILL THE AFFORDABILITY POTENTIALLY LAST? OH, YES.
I WOULD CONSIDER THAT, I UNDERSTAND THAT THERE'S A PROBLEM WITH SMART HOUSING AND IT ONLY GOES TO FIVE YEARS.
THERE IS A STATUTE BUBBLING UP, SUPPOSED TO BE ON STAFF'S DESK AND HEADED BACK THIS WAY THAT WAS SUPPOSED TO ADDRESS THE SMART HOUSING WHEN Y'ALL PASSED IT.
Y'ALL PASSED IT LIKE IT'S BEEN A WHILE.
WONDERING WHERE THAT IS AND THAT MIGHT SOLVE THAT PROBLEM FOR US.
THE SMART HOUSING PROGRAM ONLY GOES TO FIVE YEARS.
WE WOULD DEFINITELY BE, AS A PART OF OUR NEGOTIATION THAT'S JUST INADEQUATE.
WE WOULD, WE WOULD DEFINITELY, DEFINITELY BE INTERESTED IN THE LIFE OF THE PROJECT, WHICH IN A MULTI-FAMILY, FAMILY LIKE THIS IS EASILY 20 IN, IN APPROXIMATELY THREE DECADES.
SO THAT WOULD BE SPELLED OUT IN ANY BINDING INSTRUMENT THAT WE, WE MOVE FORWARD WITH.
THANK YOU FOR YOUR SERVICE COMMISSIONERS.
DO WE WISH TO KEEP THAT ON CONSENT OR POLL? YES.
COMMISSIONER HANDS, ARE YOU, ARE YOU DONE? I WANT THAT OUT.
UH, MADAM CHAIR, I'VE GOT, UH, I DO NOT WANT TO PULL ANYTHING OFF THE AGENDA, BUT, UH, IN WORKING WITH STAFF, I WOULD LIKE TO, UM, I'D LIKE TO MAKE A MOTION, UH, ON ITEMS 9 11, 12, 15, AND 17.
THESE ARE ALL VMU TO DB NINETIES CASES.
BA THAT'S, BUT MY BASIC SUMMATION OF THEM, THEM, UH, THAT CONTAIN PROHIBITED USES OF, UH, THE TWO OF THAT THAT ARE OF CONCERN TO ME ARE AUTOMOTIVE, UH, REPAIR AND AUTOMOTIVE
[00:15:01]
WASHING.THIS COMMISSION HAS ALREADY EXPRESSED ITS WILL.
NOW, WHETHER OR NOT THAT SURVIVES COUNSEL, I UNDERSTAND THAT'S STILL AN OPEN QUESTION AND WE'LL FIGURE THAT OUT ON THURSDAY LIKE EVERYBODY ELSE.
BUT, UH, I WOULD, I WANNA MAKE A MOTION TO TAKE THOSE TWO ITEMS OFF OF THE, UH, PROHIBITED LIST AND THEN LEAVE THOSE AS, AS, UM, AS, AS USES THAT WOULD BE ELIGIBLE FOR, UH, THESE SITES.
MY JUSTIFICATION FOR DOING THAT IS MOST, UM, PREDOMINANTLY, ESPECIALLY IN THE AUTOMOTIVE REPAIR, UH, INDUSTRY, UH, MOST OF THOSE ARE SMALL BUSINESSES.
UH, MANY OF THEM ARE MINORITY OWNED, UH, AND, UM, UH, OR ARE FRANCHISED, UH, HERE IN AUSTIN.
AND, AND EVEN IF THE, THE PROJECT CONNECT AND THE, AND, AND THE IMPROVEMENTS IN TRANSPORTATION ARE WILDLY SUCCESSFUL, UH, WE'RE STILL GONNA HAVE CARS AND THOSE CARS NEED TO BE REPAIRED.
AND SO I, I DON'T THINK WE SHOULD PROHIBIT THOSE USES.
WE'LL LOOK FOR A SECOND ON COMMISSIONER HAYNES'S MOTION.
SEE, COMMISSIONER COX IS YOUR SECOND.
ALRIGHT, LET'S, UM, Q AND A, OR SINCE THIS IS ON THE CONSENT TO GO AHEAD, MR. RIVERA CHAIR, COMMISSIONER LA ANN VERSO, UM, IT'S UP TO THE DESIRE OF THE COMMISSION, HOW YOU WANT TO PROCEED.
UM, IF, UH, COMMISSIONERS WANT TO PULL THE ITEM THAT'S CERTAINLY WITHIN YOUR PURVIEW, OR IF YOU WANNA KEEP IT ON THE CONSENT, UH, AGENDA AND, UM, UM, JUST, UM, VOTE, UM, WHILE KEEPING IT ON THE CONSENT AGENDA, IF, UH, YOU CAN DO SO AS WELL.
COMMISSIONER HANS, CAN YOU REPEAT WHAT NUMBERS THOUGH THIS PERTAINS TO AGAIN? YES, MA'AM.
AND MY AMENDMENT WOULD BE TO REMOVE, UH, AUTOMOTIVE WASHING OF ANY KIND AND AUTO REPAIR.
ACTUALLY, I THINK IT SAYS AUTOMOTIVE REPAIR, UH, FROM THE CONDITIONAL OVERLAY OR THE, UH, PROHIBITED USE ON THE COS.
THERE'S NOTING NUMBER 16 IS ALSO A DB 90 CASE AS WELL'S POSTPONED IT.
I THINK THOSE ARE THE FIVE THAT ARE NOT.
SORRY, THAT ARE, YOU'RE CORRECT.
AND IF I, UH, HEAR YOU CORRECTLY, I APPRECIATE YOU CATCH 'EM.
COMMISSIONER, HES YOU'RE SAYING AUTOMOTIVE RENTALS, AUTOMOTIVE OR BEER AND AUTOMOTIVE WASH WASHING OF ANY TIME.
DO YOU HAVE QUESTIONS OR DISCUSSION ON THIS? QUICK QUESTION FOR STAFF COMMISSIONER ANDERSON.
HEY, I HAVE A QUICK QUESTION FOR STAFF.
UM, IN ALL OF AUSTIN, ROUGHLY WHAT PERCENTAGE OF AUSTIN LAND IS ZONED WITH A V OR DB 90 AS THESE CASES LOOK TO ZONE PROPERTIES TOO? BALLPARK IS FINE.
ARE WE TALKING 5% OF AUSTIN, 10% OF AUSTIN, 0.1% OF AUSTIN? A VERY BALLPARK WOULD BE FINE.
I UNDERSTAND JOY HARDEN OF PLANNING DEPARTMENT.
I'M NOT SURE WE HAVE THAT CALCULATION RIGHT NOW, BUT WE COULD GET THAT FOR YOU.
OFF THE TOP OF YOUR HEAD, WHAT ARE YOU THINKING? MISS HARDEN? YOU KNOW THE CITY BETTER THAN ANYONE YOU WOULD ASK ME THAT I, I DON'T WANNA GUESS.
WHEN WE THINK ABOUT THESE ZONING CATEGORIES, WERE THESE DESIGNED FOR AUTOMOTIVE ABUSES OR WAS THE IDEA THAT THEY WOULD HAVE A FORM MORE FOR PEDESTRIAN AND STREET VIABILITY AND ACTIVITY? WELL, THE LATTER, THE PEDESTRIAN STREET VIABILITY AND, UM, AS YOU KNOW, UH, THE E TODD IS MOVING FORWARD IN THOSE TYPES OF USES.
AND, UH, THE DB 90 IS TO ADD AL HOUSING.
AND I UNDERSTAND, UM, UH, WHAT COMMISSIONER HAYNES LAID OUT ABOUT MINORITY BUSINESSES AND THE LIKE, BUT, UM, I THINK YOUR POINT IS, IS THAT WE HAVE A LOT OF LAND THAT WOULD BE ABLE TO STILL HAVE THE AUTO USES, SO WOULD PROBABLY BE MORE SUITED FOR AUTO USES.
AND AGAIN, UH, DB 90 OR VM U2 TO DB 90 IS REALLY FOR PEDESTRIANS.
AND WE DON'T TYPICALLY, TYPICALLY, UM, LIKE THESE TYPES OF USES MIXED WITH OUR HOUSING.
TYPICALLY THAT'S NOT, SO THESE ITEMS THAT WERE PROHIBITED, I, I ASSUME THAT CAME AS A STAFF RECOMMENDATION.
CAN YOU WALK US THROUGH WHY THEY'RE PROHIBITED TODAY? UM, I'M NOT QUITE SURE THE CASE MANAGER WOULD HAVE TO HELP ME ON THAT, IF THAT WAS A STAFF RECOMMENDATION OR EVEN IF THEY APPLICANT, UM, WE'RE NOT ADDING A LOT OF COS UNLESS IT CAME WITH THE NEIGHBORHOOD PLAN.
SO IT COULD BE, UM, AN APPLICANT OR A STAFF RECOMMENDATION.
AND AGAIN, IT WOULD JUST BE FOR THE REASONS LAID OUT.
UM, THESE ARE MORE PEDESTRIAN WALKABILITY TYPES OF WHERE WE WANT TO HAVE MORE WALKABILITY INSTEAD OF OUR AUTO DEPENDENT USES.
AND, UM, AND, UM, TO YOUR POINT, I THINK WE WOULD HAVE A LOT OF LAND.
I SUPPORT MINORITY OWNED BUSINESSES, UM, OUR CITY DOES AS WELL.
UM, SO THAT IS A VERY LEGITIMATE, UH, CONCERN THAT WE, WE DEAL WITH.
UM, BUT I THINK WE WOULD HAVE, UM, LAND OUTSIDE OF OUR DB 90 CASES TO ALLOW THOSE USES.
[00:20:01]
SEE, COMMISSIONER COX, YOU HAD A QUESTION? I WAS JUST TRYING TO, TO CLARIFY THIS.SO, SO THESE ARE ALL OWNER INITIATED REZONINGS, CORRECT? UM, THESE ARE ALL OWNER, UM, NOW I, SOME OF THESE DB 90 CASES MAY BE REDOS FROM THE VM U2, BUT IT WOULD HAVE BEEN OWNER INITIATED VM U2 CASES THAT WE ARE REDOING BECAUSE OF THE INVALIDATED ORDINANCES.
BUT NONE OF THESE ARE STAFF INITIATED? NO.
SO, SO MY UNDERSTANDING AND THE REASON WHY I SUPPORT SOMETHING LIKE THIS IS LARGELY I DON'T WANT TO MAKE EXISTING USES ILLEGAL, PARTICULARLY THOSE TYPE OF, OF USES IF WE CAN HELP IT SINCE THESE ARE OWNER INITIATED REZONINGS AND SOME OF THEM ARE JUST REPLACEMENTS OF THE WHOLE, UH, VMU STUFF, UM, OR, OR DENSITY BONUS, UH, THINGS THAT GOT KNOCKED DOWN THE COURT.
IT SOUNDS LIKE THAT THE IMPACT OF THIS AMENDMENT MAY NOT BE SIGNIFICANT BECAUSE THESE ARE OWNER INITIATED REZONING.
SO OBVIOUSLY THEY HAVE SOMETHING IN MIND TO TAKE ADVANTAGE OF, OF OUR DENSITY BONUS PROGRAM.
SO, UH, THAT WOULD BE CORRECT.
I, I, I STILL SUPPORT THIS, BUT I THINK, I THINK THE CONCERN THAT WE'RE GONNA END UP WITH A WHOLE BUNCH OF CAR WASHES AND STUFF ON THESE PROPERTIES IS PROBABLY UNFOUNDED.
UM, UH, SIMPLY BECAUSE THESE ARE OWNER INITIATED, UH, REZONING REQUESTS.
ANY OTHER QUESTIONS? DISCUSSION? CAN I JUST MAKE SURE, UM, I THINK I HELPED, UH, GIVE COMMISSIONER HAYNES THESE NUMBERS, BUT I JUST WANNA CORRECT, MAKE SURE THAT THEY WERE STATED CORRECTLY.
UH, HIS MOTION WOULD BE TO ITEM NUMBER 9 11 12.
SO 9 11 15 AND 17 AND 12, NOT 12.
THAT WAS THE, THAT'S INCORRECT.
SO ITEM NUMBER 9, 11, 15, AND 17.
CHAIR 9, 11, 15, AND 17, 9, 11, 15, AND 17.
OTHER COMMENTS? SHOULD WE GO AHEAD AND VOTE ON THIS MOTION? ALL RIGHT.
ALL OF THOSE IN FAVOR OF THIS, UH, MOTION FOR ITEMS 9, 11, 15 AND 17, TAKE FOUR.
IS THERE ANYONE FOR OR AGAINST THAT WANTS TO SPEAK? WHAT ALL THOSE IN FAVOR? 1, 2, 3.
THOSE AGAINST 1, 2, 3, 4, 5, AND ABSTAINING CHAIRMAN ABSTENTION.
AND I DID SKIP A, A FOR AND AGAINST, UM, IF ANYBODY WOULD LIKE TO SPEAK TO THEIR VOTE.
I'M SORRY, I TOOK THAT OUT OF ORDER.
UH, WE ARE GOING TO COMMISSIONER COX, UH, JUST BEFORE I FORGET, UM, I THOUGHT WE WERE GONNA ACTUALLY HAVE FIVE AND SIX'S DISCUSSION, BUT IF THAT'S REMAINS ON CONSENT, I DON'T NEED TO PULL IT.
BUT IF YOU CAN, UH, SHOW ME AS ABSTAINING ON ITEM SIX, I WOULD APPRECIATE IT IN THE CONSENT VOTE.
WHAT WAS THAT VOTE COUNT TWO TO FIVE TO ONE.
THAT'S, THAT'S SHORT ONE VOTE.
AND I DON'T KNOW WHO IT WAS, BUT THERE'S 9 1, 2, 3, 4, 5, 6, 7, 8, 9 COMM SORRY.
I WAS, SORRY, I, I BELIEVE COMMISSIONER PHILLIPS, YOU WERE VOTING IN FAVOR, CORRECT? YES.
SO THAT WOULD BE 3, 2, 5 TO ONE.
THANK YOU FOR CATCHING THAT CHAIR.
COHEN, THAT WAS THREE TO FIVE TO ONE OTHER RECUSALS ABSTENTIONS PULLING OF ITEMS FROM THE CONSENT AGENDA.
OKAY, CAN I REPEAT IT AGAIN? YES, CHAIR.
I THINK IF, IF MY, IT MIGHT HELP.
I'M JUST GONNA GO THROUGH THIS AGAIN SO FOLKS CAN NOTE BECAUSE I, 'CAUSE I THINK IT'S A LITTLE REMOTE TODAY.
SO I NUMBER TWO, PLAN AMENDMENT STAFF, POSTPONEMENT I NUMBER THREE, PLAN AMENDMENT STAFF, POSTPONEMENT I NUMBER FOUR,
[00:25:01]
UM, REZONING STAFF, POSTPONEMENT I NUMBER FIVE AND SIX.PLAN AMENDMENT AND REZONING BOTH ON CONSENT.
COMMISSIONER COX ABSTAINING ON I NUMBER SIX, I NUMBER SEVEN, PLAN AMENDMENT STAFF POSTPONEMENT I NUMBER EIGHT.
UM, OF DISCUSSION I NUMBER NINE.
UM, CONSENT AS STATED BY STAFF OR STAFF.
RECOMMENDATION, CONSENT STAFF RECOMMENDATION ITEM NUMBER 10, APPLICANT POSTPONEMENT.
ITEM NUMBER 11, UH, STAFF RECOMMENDATION ON CONSENT.
ITEM NUMBER 12, UM, REZONING CONSENT ITEM NUMBER 13, THIS IS POLLED FOR A DISCUSSION POSTPONEMENT.
ITEM NUMBER 14, UM, IS A REZONING STAFF POSTPONEMENT.
ITEM NUMBER 15, CONSENT STAFF RECOMMENDATION ITEM NUMBER 16, NEIGHBORHOOD POSTPONEMENT.
ITEM NUMBER 17, UH, CONSENT STAFF RECOMMENDATION ITEM NUMBER 18, DISCUSSION ITEM NUMBER 19, CONSENT STAFF RECOMMENDATION ITEM NUMBER 20, UH, RIGHT OF WAY ALLEY VACATION CONSENT 21 RIGHT OF WAY ALL VACATION CONSENT 22 LDC AMENDMENT POSTED IN ERROR, NO ACTION.
AND 24 LDC WHEN THIS IS STAFF POSTPONEMENT.
SO THE IMAGINE AUSTIN AND I THINK WE HAVE AN ERROR IN SOME OF OUR EMAIL TRAFFIC.
THAT'S WHY I'M GETTING CONFUSED.
SO THE SITE PLAN LIGHT PHASE TWO AND INFO LOTS THAT STAFF POSTPONEMENT AND THE IMAGINE AUSTIN CIP REC MEMO RECOMMENDATIONS IS CONSENT.
IS THAT CORRECT? THAT IS CORRECT TO MR. COX.
ALRIGHT, IS THERE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA IN THE MINUTES FROM OUR LAST TWO MEETINGS? ALL RIGHT.
SORRY, WHO WAS THE FIRST? I'LL GO.
SECOND
UM, ALL THE, UH, ALL THOSE IN FAVOR, MADAM, MADAM CHAIR? I WAS, I WAS MOTIONING.
UH, CAN YOU SHOW ME ABSTAINING FROM 9 11 15 AND 17? YES, SIR.
ALL THOSE IN FAVOR? OPPOSED? YOU'RE IN FAVOR, COMMISSIONER HAYES.
[13. Rezoning: C814-2023-0027 - 311-315 South Congress PUD - District 9 (Part 1 of 2)]
OUR FIRST DISCUSSION POSTPONEMENT CASE, AND THEN WE'LL COME BACK TO NUMBER EIGHT.UM, REMINDER THAT WE ARE ONLY SPEAKING TO THE MERITS OF THE POSTPONEMENT AND NOT THE CASE ITSELF.
LET'S SEE, WHAT DO WE, THANK YOU CHAIR.
SO WE'LL HEAR FROM, UH, THE REQUESTER OF THE POSTPONEMENT.
THAT WOULD BE, UH, MR. RICHARD SU CHAIR, COMM MEMBERS, THE COMMISSION.
UM, I REPRESENT SEVERAL LANDOWNERS IN THE SOUTH CENTRAL DISTRICT AND, UH, ADJACENT PROPERTIES AS WELL.
THIS, I DON'T WANT THIS TO BE VIEWED AS DEVELOPER ON DEVELOPER VIOLENCE, BUT, UM, WE'VE GOT SOME QUESTIONS ABOUT THE STAFF RECOMMENDATION AND SOME OF THE ITEMS IN THERE BE WE CAN'T FIND, I'M NOT SAYING WE DIDN'T GET IT, BUT WE CAN'T FIND THAT ANYBODY GOT NOTICE OF TONIGHT'S HEARING? SO WE WERE SCRAMBLING TODAY TRYING TO FIGURE OUT STAFF RECOMMENDATION AND HOW IT IMPACTS ADJOINING PROPERTIES AND HOW IT RELATES TO THE SOUTH CENTRAL PLAN.
SO, UH, TALKED TO THE APPLICANT'S AGENT.
WHILE SHE IS NOT IN AGREEMENT WITH THE POSTPONEMENT, SHE SAID SHE WOULDN'T FIGHT IT IF IT WAS FOR TWO WEEKS, AND I DON'T THINK IT AFFECTS HER COUNCIL DATE.
SO WE'RE ASKING FOR TWO WEEKS TO SORT THROUGH THE STAFF RECOMMENDATION AS IT AFFECTS BOTH THE DISTRICT AND THE ADJOINING LANDOWNERS.
I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
WE'LL NOT HEAR FROM THE APPLICANT.
MS. AMANDA, I'M, I'M HAPPY TO ANSWER ANY QUESTIONS.
THIS IS THEIR, UM, FIRST REQUEST TO POSTPONEMENT, SO WE WILL NOT OBJECT TO A POSTPONEMENT FOR TWO WEEKS CHAIR.
THAT CONCLUDES THE SPEAKERS ON THE DISCUSSION POST.
ALRIGHT, UM, WE'LL GO AROUND TO Q AND A ROUND ROBIN FROM OUR COMMISSIONER'S.
FIRST COMMISSIONER WITH A QUESTION, VICE CHAIR.
UM, STAFF, CAN WE SPEAK A LITTLE BIT TO THE NOTICE? DO, WAS THERE AN ISSUE TO NOTICE THAT WE ARE AWARE OF, UH, JONATHAN TOMKO, I'M THE CASE MANAGER ON THIS CASE.
UH, NO, THERE IS NOT A NOTICING ISSUE THAT WE'RE AWARE OF.
AND, AND DO WE HAVE AN IDEA ON WHAT, WHAT, WHEN THE NOTICE MIGHT HAVE BEEN MAILED, ARE YOU ABLE TO LET US KNOW IF THAT SURE.
UH, IT WAS MAILED, IT LOOKS LIKE, UH, ON THURSDAY, MAY 2ND, I
[00:30:01]
HAVE AN EMAIL, WHICH I'M HAPPY TO SHARE, UM, FROM OUR NOTICING DIVISION, SENDING IT TO THE VENDOR THAT SENDS OUT THE NOTICE.AND I ALSO HAVE THE LIST OF WHO THE, THE NOTICE WAS MAILED OUT TO.
IT LOOKS LIKE IT'S APPROXIMATELY 92 ADDRESSES, UH, WITHIN THE 500 FEET.
AND JUST TO CONFIRM, SIR, THE NOTICE WOULD'VE BEEN SENT TO, UM, ANY PROPERTY OWNERS UTILITY, UM, HOLDERS WITHIN ESSENTIALLY 500 FEET OF THE PROPERTY, OKAY.
OTHER QUESTIONS, COMMISSIONER MAXWELL? UH, YEAH, I GUESS THIS IS FOR STAFF AS WELL.
SO, UM, ARE THERE ANYONE, NEIGHBORS, UH, THIS SOUNDS BUT FOLKS WHO ACTUALLY LIVE IN THIS NEIGHBORHOOD REQUESTING THIS POEM WITH POSTPONEMENT TONIGHT? IS THAT MY UNDERSTANDING THIS IS COMING FROM OTHER SORT OF AGENT, UH, BUILDING OWNERS? IS THAT CORRECT? THAT, I GUESS I JUST WANTED TO SEE, USUALLY WHEN WE ASK, TALK ABOUT A NEIGHBORHOOD POSTPONEMENT, THERE'S SOMEONE WHO ACTUALLY LIVES IN THE DISTRICT WHO'S REQUESTING A POSTPONEMENT BECAUSE THERE'S ONGOING ISSUES, BUT THAT DOES NOT SEEM TO BE THE CASE THIS EVENING.
IS THAT CORRECT? SORRY, THAT QUESTION WAS DIRECTED TO MR. TOMKO AS THE, AS THE, I'M NOT SURE IF HE CAN'T HEAR.
IT SOUNDS LIKE IT IS A, UH, ADJOINING PROPERTY OWNER, UH, REPRESENTING, UH, THE SOUTH CENTRAL WATERFRONT, UH, OWNERS THERE.
AND, AND IF THERE WERE SPECIFIC CONCERNS, THOSE FOLKS AS LANDOWNERS CAN ALSO SIGN UP TO BRING THOSE CONCERNS TO US AS A PLANNING COMMISSION AND SPEAK TO 'EM DIRECTLY VERSUS REQUESTING A POSTPONEMENT, CORRECT? YES.
AND THEN JUST, I HAVE NOT RECEIVED ANY WRITTEN COMMENTS, UH, ON THIS CASE, UH, AGAINST OR, OR FOR IT? YEAH, I GUESS THAT'S WHAT I WAS, 'CAUSE I KNOW THAT THEY HAVE WORKED THE, THIS P HAS BEEN IN PROCESS FOR A LONG TIME AND HAS WORKED THROUGH NUMEROUS ISSUES AND I HAD NOT HEARD ANY COMMENTS FROM THE NEIGHBORS WHO LIVE IN THE AREA, ARGUS OR THE LANDOWNERS ALL THROUGHOUT THIS CASE BEING POSTED.
SO I JUST WAS WANTING TO CHECK THAT THAT WAS CONFIRMED BY YOU AND THE C CORRESPONDENCE YOU'VE RECEIVED? YES.
UH, AND I BELIEVE THIS CASE CAME IN, UH, IN 2022.
SO IT HAS BEEN, UH, AROUND FOR A LONG TIME.
I GUESS WHAT, WHAT I'M CURIOUS TO HEAR IS, IS THIS, THIS BORDER IS THE STATESMAN HUD SITE, CORRECT? THAT'S CORRECT.
AND SO I GUESS, UM, I GUESS THE CONCERN IS THAT WE'RE, UH, THE, THE, THE DEVELOPER FOR THE STATESMAN PUT IS JUST TRYING TO FIGURE OUT HOW THAT THIS THEIR, THIS PUD AND THEIR PUD ARE KIND OF COEXISTING.
IS THAT MY UNDERSTANDING? UM, MR. SUTTLE, IF, IF, IF YOU'RE STILL IN THE, IN THE HALL, HE'S COMING UP.
COMMISSIONER ONE OF, ONE OF THE ISSUES IS THAT BARTON SPRINGS ROAD SEPARATES US FROM THIS SITE.
AND THERE'S SOME LANGUAGE IN THE STAFF RECOMMENDATION THAT TALKS ABOUT IF STATESMAN EVER DEDICATES THE ROAD, THEN ACCESS WILL BE TAKEN.
BUT THERE'S NO DISCUSSION OF WHETHER ANY RIGHT OF WAY SHOULD COME OFF THIS SITE FOR BARTON SPRINGS ROAD.
AND IT MAY ALL BE FINE, BUT WE DON'T KNOW THAT BECAUSE, UM, WE HAVEN'T HAD A CHANCE TO REVIEW IT.
YEAH, IT SEEMS TO ME LIKE PS ARE QUITE COMPLICATED AND WE SPENT A WHOLE LOT OF TIME ON THE STATE'S BEEN PUD AND APPARENTLY A WHOLE LOT OF TIMES HAVE BEEN SPENT ON THIS.
SO I DON'T SEE AN ISSUE WITH TRYING TO MAKE SURE THAT THEY, THEY COEXIST PROPERLY.
THANK YOU FOR THAT CLARIFICATION.
I HAVE A QUESTION FOR THE APPLICANT.
UM, WHEN WOULD THIS BE GOING TO COUNSEL? I, UM, AT THIS TIME WE DON'T HAVE A SET CITY COUNCIL DATE.
WE WOULD ANTICIPATE LIKELY SUMMER, SHORTLY AFTER.
SO IF THIS WERE TO MOVE FORWARD TONIGHT, IT SOUNDS LIKE THERE WOULD BE ENOUGH TIME TO HAVE DISCUSSIONS WITH THE ADJACENT PROPERTY OWNERS? ABSOLUTELY.
THERE WOULD BE AMPLE TIME TO HAVE DISCUSSION.
OTHER QUESTIONS? OKAY, LET'S GO AHEAD AND TAKE A VOTE ON THIS, UM, UH, POSTPONEMENT TO, SORRY, UM, CHAIR, I GUESS WE WOULD NEED TO MAKE A MOTION CORRECT IN ORDER TO PROCEED.
[00:35:01]
OKAY.I AM LOOKING FOR, I'LL MAKE A MOTION.
SO COMMISSIONER, UH, COX'S WOULD BE A MOTION TO MAY 28TH, WHICH WAS THE, WHAT WAS ON THE CONSENT AGENDA? YES.
IS THERE A SECOND? COMMISSIONER PHILLIPS, ARE YOU HOLDING UP? YOU'RE THE SECOND.
COMMISSIONER PHILLIPS IS SECOND.
WOULD YOU LIKE TO SPEAK TO THAT COMMISSIONER COX? I, I THINK IT'S PRETTY SIMPLE.
UM, THERE'S, THERE'S NO HARM IN MAKING SURE THAT THESE COMPLICATED PUDS, UM, UH, ARE COEXISTING TOGETHER, UH, AS, AS THEY NEED TO.
UM, IF THERE'S ANY LANGUAGE THAT WE MISSED OR ANYTHING LIKE THAT, I'M SURE, UM, MR. SU AND HIS TEAM WILL, WILL CATCH IT AND STAFF WILL, WILL TAKE CARE OF IT.
UM, IT'S ALSO VERY CUSTOMARY FOR US TO ALLOW A SINGLE REQUEST FOR POSTPONEMENT.
AND I KNOW WE TALKED ABOUT RESIDENTS IN THE AREA.
UM, I MEAN, THE BIGGEST RESIDENT IN THE AREA IS THE
SO, UH, I DO THINK IT'S A VALID REQUEST THAT'S COMING FOR THE FIRST TIME, UM, FOR A POSTPONEMENT.
AND I DON'T THINK A TWO WEEK DELAY, UH, SHOULD CAUSE ANY, UH, ANY UNNECESSARY DELAYS IN THE FINAL APPROVAL, UH, AT COUNCIL.
ANYBODY SPEAKING AGAINST COMMISSIONER MAXWELL? UM, YEAH, I, I'M JUST DISAPPOINTED BECAUSE
THIS IS AN EXCELLENT PUT, AND I KNOW WE'RE NOT ALLOWED TO SPEAK TO THE MERITS OF IT, BUT I'VE BEEN REALLY EXCITED ABOUT SEEING THIS PROJECT FINALLY GETTING SOMEPLACE IN TERMS OF MOVING FORWARD AND POTENTIALLY COMING TO COUNCIL FOR ACTION.
AND I FEEL LIKE THIS IS, I WOULD NORMALLY BE HAPPY TO OFFER A POSTPONEMENT AS PER COMMISSIONER COX'S COMMENTS REGARDING NEIGHBORHOOD CONCERNS.
AND I UNDERSTAND THAT THIS IS A UNIQUE NEIGHBORHOOD, BUT THERE SEEMS LIKE THERE IS AMPLE TIME TO STILL DISCUSS THESE ISSUES.
THERE WAS NO SUFFICIENT NOTICE GIVEN AND WE KNOW THAT THESE FOLKS HAVE REVIEWED THESE PUDS EXTENSIVELY, SO I'M REALLY NOT SURE WHY WE'RE GETTING THIS VERY, VERY, VERY LAST MINUTE REQUEST TO POSTPONE AN ITEM THAT CLEARLY HAS MERITS AND IS READY TO GO TO COUNCIL.
ANYBODY SPEAKING FOR THE MOTION TO POSTPONE OR AGAINST, LET'S GO AHEAD AND TAKE A VOTE.
THIS WOULD BE ON THE MOTION TO POSTPONE HONORING THE NEIGHBORHOOD'S REQUEST TO MAY, UH, YEAH, MAY 28TH.
ALL THOSE IN FAVOR? 1, 2, 3, THOSE AGAINST 2, 3, 4, 5.
AND THOSE ABSTAINING, THAT MOTION FAILS THREE TO FIVE TO ONE.
SO MR. A CAN, DOES THAT MEAN THAT IT NOW MOVES FORWARD ON THE CONSENT COMM? SHE, IT WILL BE HEARD THIS EVENING.
SO I'M CURIOUS, UM, JUST A POINT OF INQUIRY, UM, WE DON'T HAVE THAT MANY COMMISSIONERS ATTENDING TONIGHT.
UM, IF, IF THESE VOTES END UP IN A SIMILAR PATTERN, HOW IS THIS GOING TO MOVE FORWARD? CHAIR COMMISSIONER LEE ON ANDOVER, IF YOU DON'T HAVE AN AFFIRMATIVE VOTE, I'LL MOVE FORWARD TO COUNSEL AS A, UH, NON-AFFIRMATIVE VOTE BY THE COMMISSION.
ALRIGHT, WE WILL MOVE ON TO OUR FIRST
[8. Rezoning: C14-2024-0026 - Payton Gin Apartments; District 4]
DISCUSSION CASE THIS EVENING.THIS IS NUMBER EIGHT, THE REZONING C 14 DASH 2024 DASH OH TWO SIX PEYTON GEN APARTMENTS.
COMMISSIONER SHERRY ATU WITH THE PLANNING DEPARTMENT.
THIS IS ITEM C 14 20 24, 2 6 PEYTON JEN APARTMENTS.
IT'S LOCATED AT 1706 PEYTON JEN ROAD.
THE REQUEST IS A REZONING FROM LRCO MP ZONING TO GR MP ZONING.
THE STAFF RECOMMENDS GRMP COMMUNITY COMMERCIAL NEIGHBORHOOD PLAN, COMBINING DISTRICT ZONING.
THE PROPERTY IN QUESTION CURRENTLY CONTAINS A RELIGIOUS ASSEMBLY USE WITH SURFACE PARKING IN AN UNDEVELOPED AREA ALONG GALE WOOD DRIVE.
THE LOTS TO THE NORTH AND EAST ARE DEVELOPED WITH MULTIFAMILY USES THAT ARE ZONED GR MP AND MF TWO MP RESPECTIVELY TO THE WEST THERE IS A RETAIL CENTER ZONE GR RCO MP.
THE ATTRACTIVE LAND TO THE SOUTH ACROSS GA DRIVE IS DEVELOPED WITH AUTOMOTIVE REPAIR USE AND A RETAIL SALES USE THAT ARE ZONED G RMMP AND CSEO MP.
IN THIS REQUEST, THE APPLICANT IS ASKING TO REZONE THIS LOT TO GRMP TO DEVELOP THIS PROPERTY WITH 194 MULTIFAMILY UNIT PROJECT UNDER THE AFFORDABILITY AND LOCKED PROGRAM.
[00:40:01]
ZONING AT THIS LOCATION AS THE LOT MEETS THE INTENT OF THE COMMUNITY COMMERCIAL DISTRICT AS IT IS LOCATED WITHIN A RESIDENTIAL NEIGHBORHOOD ON A LEVEL THREE ARTERIAL ROADWAY.THE GR DISTRICT IS INTENDED TO PROVIDE SERVICES FOR THE NEIGHBORHOOD AND COMMUNITY NEEDS.
THE PROPOSED ZONING IS COMPATIBLE AND CONSISTENT WITH THE SURROUNDING LAND USE PATTERNS.
THE PROPERTY IN QUESTION IS LOCATED NEAR THE INTERSECTION OF A LEVEL THREE ROADWAY AND A HIGHWAY.
THE IMAGINE AUSTIN COMPREHENSIVE PLAN GROWTH CONCEPT MAP IDENTIFIES THIS PROPERTY IS BEING LOCATED WITHIN 0.1 MILES OF THE NORTH BURNETT GATEWAY REGIONAL CENTER AND 0.35 MILES OF THE SOUTH ROMBERG FERGUSON LANE ACTIVITY CORRIDOR.
THERE IS TRANSIT SERVICE IN THE AREAS THERE ARE CAPITAL ME METRO BEST ROUTE ALONG EAST ALONG GALE WOOD DRIVE AND TO THE WEST ALONG RESEARCH BOULEVARD AND A BUS STOP THAT IS DIRECTLY ADJACENT TO THIS SITE ON GALE WOOD DRIVE.
AND I'M HERE TO ENTER, ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
WHEN I'LL HEAR FROM THE APPLICANT, MR. HENRY GILMORE.
MR. GILMORE, YOU'LL HAVE FIVE MINUTES.
I'M HENRY GILMORE WITH JACKSON WALKER REPRESENTING THE APPLICANT.
UM, I HAD A POWERPOINT FOR YOU, BUT I DON'T BELIEVE THAT'S LOADING UP.
AND SO, UM, IF YOU CAN FOLLOW ALONG WITH ME ON THIS HANDOUT THAT WE PASSED OUT, THAT'D BE GREAT.
UM, AS STAFF MENTIONED, WE'RE REQUESTING THE REZONE FROM L-R-C-O-N-P TO GRNP TO DEVELOP AN AFFORDABILITY UNLOCK MULTIFAMILY PROJECT.
THE PROJECT WILL PROVIDE ACTUALLY 192, UH, MULTIFAMILY UNITS, A HUNDRED PERCENT OF WHICH WILL BE AFFORDABLE AS TYPE ONE UNITS UNDER THE PROGRAM.
UM, IF YOU TURN TO PAGE THREE, THE LOCATION IS IDEAL.
IT'S BORDERED BY GR ZONING ON THREE SIDES AND MF TWO ON THE OTHER SIDE.
IT'S NOT INTERIOR TO ANY NEIGHBORHOOD AND FRONTS ON PEYTON GIN WITH EASY ACCESS TO HIGHWAY 180 3.
IT'S WITHIN WALKING DISTANCE TO WOOLDRIDGE AND PADRON ELEMENTARY SCHOOLS, BURNETT MIDDLE SCHOOL AND NAVARRO EARLY COLLEGE HIGH SCHOOL.
IT'S CONVENIENT TO WOOLDRIDGE SCHOOL PARK, THE RON RIGSBY POCKET PARK AND THE WOOTEN NEIGHBORHOOD PARK.
IT'S SERVED BY TWO CAPITAL METRO BUS LINES AND IT'S, UH, CONVENIENT TO SHOPPING ALONG 180 3 AND ACROSS 180 3.
SO IT'S AN IDEAL SITE FOR THE PROJECT.
THE SITE IS CURRENTLY LEASED BY A SMALL CHURCH, WHICH IS ON A TWO YEAR LEASE, WHICH IS EXPIRING.
UH, IF YOU TURN TO SLIDE OR PAGES FOUR THROUGH SIX, YOU CAN SEE RENDERINGS OF THE PROPOSED PROJECT.
UM, IT WOULD BE A TOTAL OF 192 UNITS SPREAD OVER SIX LEVELS, ONE LEVEL OF STRUCTURED PARKING AT GRADE AND ONE LEVEL BELOW GRADE.
THE HEIGHT WILL BE MODEST, APPROXIMATELY 67 FEET.
THE PROJECT WILL ALSO INCLUDE NUMEROUS AMENITIES INCLUDING A PLAYGROUND, FITNESS CENTER, POOL, COMMUNITY ROOM, BUSINESS CENTER, ACTIVITY ROOM, SUPPORTIVE SERVICES, AND AFTERSCHOOL TUTORING.
UH, IF YOU TURN TO SLIDE FIVE, YOU CAN SEE THE PROJECT, UH, VIEWING IT FROM GALE WOOD.
YOU TURN TO SLIDE SIX, YOU CAN SEE THE PROJECT WITH AN ADDITIONAL VIEW FROM PEYTON.
THE PROGRAM IS INTENDED TO HELP ADDRESS THE CITY'S CRITICAL NEED FOR AFFORDABLE HOUSING BY PROVIDING ADDITIONAL HEIGHT AND OTHER BONUSES.
IN RETURN FOR THE PROVISION OF AFFORDABLE HOUSING, THERE WILL BE 27 1 BEDROOM UNITS, 88 2 BEDROOM UNITS, 77 3 BEDROOM UNITS.
IF YOU GO TO THE NEXT SLIDE, IT DESCRIBES THE PROGRAM WHICH REQUIRES THAT 20% OF THE UNITS WILL BE AFFORDABLE TO HOUSEHOLDS AT OR BELOW 50%.
MFI, UH, AT LEAST 50% OF THE AFFORDABLE UNITS, UH, SERVE HOUSEHOLDS WITH INCOMES AT OR BELOW 60% MFI.
IT ALSO REQUIRES THAT 25% OF ALL THE UNITS BE TWO BEDROOMS OR MORE, AND IT REQUIRES THAT AFFORDABILITY BEFORE A 40 YEAR PERIOD.
IF YOU TURN TO SLIDE NINE, THE PROJECTED RENTS ROUGHLY 1137 TO 1373 FOR ONE BEDROOM UNITS 1361 AND 1645 FOR TWO BEDROOM UNITS AND 1566 TO 1894 FOR THREE BEDROOM UNITS.
UH, THAT CONCLUDES MY INITIAL PRESENTATION.
UH, I UNDERSTAND THE REPRESENTATIVE OF THE CHURCH IS HERE TO SPEAK.
WE ALSO HAVE, UH, REPRESENTATIVES OF THE DEVELOPER AND THE OWNER HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
WE'LL NOW HEAR FROM MR. RAMIREZ.
[00:45:01]
MINUTES.I'M PASTOR THAT SMALL CHURCH THAT THE GUY JUST SAID, AND WE HAVE A CONTRACT FOR TWO YEARS, UH, TILL NEXT YEAR IS GONNA FINISH MAY THE FIRST.
SO I'M HERE BECAUSE, UH, WE WANT TO STAY IN THAT AREA.
I UNDERSTAND THAT APARTMENTS ARE NECESSARY, BUT CHURCHES TOO.
THAT AREA IS LIKE AROUND A MILE.
IT'S A COUPLE OF CHURCHES AND WE HAVE MORE THAN 10 APARTMENTS IN COMPLEXES AND SEVERAL HOUSES TOO.
SO I UNDERSTAND THE NECESSITY OF THE COMMUNITY, BUT WE NEED TO BE IN EQUILIBRIUM.
BUT NECESSITY, HOW NECESSITY AND, AND SPIRIT OF NECESSITY.
SO THAT'S WHY WE ARE HERE TO, TO SAY, TO KEEP THAT, UH, SUNNING IN THE SAME, NOT CHANGING.
SO ANYWAY, SO PROPHETS THAT COME FROM TEAR DOWN A HOUSE OF GOD ARE NOT A BLESSING.
WE'LL NOW HEAR FROM THE APPLICANT FOR A THREE MINUTE REBUTTAL.
UM, THE CHURCH IS ON A TWO YEAR LEASE THAT'S EXPIRING.
IT WILL EXPIRE IN APRIL OF NEXT YEAR.
UM, THAT IS A GIVEN, UM, A LONG TIME AGO IN A GALAXY FAR AWAY.
I USED TO BE ON THE PLANNING COMMISSION AND HAVING YOU CHOOSE BETWEEN AFFORDABLE HOUSING AND A CHURCH WOULD MAKE ME UNCOMFORTABLE.
BUT THE GOOD NEWS IS THAT'S REALLY NOT THE CHOICE.
IT NEVER WAS INTENDED TO BE THERE PERMANENTLY.
IT WILL MOVE EITHER AT THE END OF THE LEASE OR IF THE OWNERS WORK OUT, UH, AN EARLY TERMINATION, UH, PROPOSAL.
UM, THE OTHER GOOD NEWS IS, IS THAT THERE ARE PLENTY OF SPACES IN AUSTIN FOR THE CHURCH TO MOVE TO.
VIRTUALLY EVERY ZONING DISTRICT IN THE CITY ALLOWS RELIGIOUS ASSEMBLY.
AND NOT ONLY THAT, BUT UH, THEY HAVE OPTIONS IN TERMS OF DIFFERENT STRUCTURES.
UM, THEY DON'T NECESSARILY HAVE TO MOVE INTO A CHURCH STRUCTURE.
I MYSELF ATTEND A HOME CHURCH, NOT FIVE MINUTES FROM HERE.
AND BEFORE WE MOVE TO THE PASTOR'S HOME, WE MET IN A COMMUNITY ROOM AT A NEARBY APARTMENT COMPLEX.
SO THAT GIVES YOU AN IDEA THAT YOU DO HAVE, YOU DO HAVE VARIOUS OPTIONS WHEN CONSIDERING MOVING.
I DON'T HAVE TO TELL YOU THAT WE NEED AFFORDABLE HOUSING.
COUNCIL'S BENDING OVER BACKWARDS TRYING TO INCENTIVIZE THE DEVELOPMENT OF MORE AFFORDABLE HOUSING.
THIS IS AN OPPORTUNITY TO PROVIDE 192 AFFORDABLE UNITS IN ONE SWAP.
NOT JUST 10 UNITS, NOT JUST 15 UNITS, 192 UNITS, 77 OF WHICH WILL BE THREE BEDROOM UNITS, WHICH LEND ITSELF TO FAMILIES.
SO I'D ASK YOU TO, UH, SUPPORT STAFF RECOMMENDATION AND, UH, RECOMMEND THIS PROJECT FOR, UH, REZONING AND TO, UH, HELP US BRING AN AFFORDABILITY UNLOCKED PROJECT TO THIS SITE.
THAT CONCLUDES THE SPEAKERS ON THIS ITEM.
CAN I GET A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING? OKAY.
VICE CHAIR SECOND BY COMMISSIONER MAXWELL.
UM, ALL THOSE IN FAVOR? OPPOSED? OKAY.
COMMISSIONER PHILLIPS IS IN FAVOR.
OKAY, LET'S GO TO OUR QUESTIONS AND ANSWERS.
ANY COMMISSIONERS WITH A QUESTION? COMMISSIONER COX? YEAH.
UH, BEING REMOTE, I DON'T HAVE THE BENEFIT OF, OF THE HANDOUTS.
UM, I DON'T KNOW IF THERE'S STILL AN OPPORTUNITY TO GET THAT UP ON THE SCREEN, BUT, UM, IT LOOKS LIKE THIS SITE, YOU KNOW, NOT ONLY IS USED AS AS A CHURCH, BUT ALSO A RECREATION SPACE.
UM, THE PICTURES POSTED ON, ON GOOGLE IS, IS HALF CHURCH, HALF SOCCER FIELD, UM, WITH A LOT OF PEOPLE PARTICIPATING.
AND SO I'M CURIOUS IF THERE'S ANY PLAN, UH, TO INCORPORATE COMMUNITY
[00:50:01]
SPACES IN, IN THE PROPOSED, UH, AFFORDABLE HOUSING DEVELOPMENT, UM, AND WHAT THOSE MIGHT OR, OR COULD LOOK LIKE.YOU HAVE THE APPLICANTS WALKING UP BEING A PLAYGROUND POOL AND, UM, COMMUNITY ROOM, UM, AFTERSCHOOL TUTORING.
UM, MY GUESS IS THAT WOULD BE FOR THE TENANTS, BUT WE DO HAVE A REPRESENTATIVE, THE DEVELOPER HERE THAT CAN CONFIRM THAT.
MY NAME'S LOGAN SCHMIDT, UH, WITH ROCHE COMPANIES.
UH, 9 3 9 0 RESEARCH BOULEVARD, SUITE 400.
UM, THE CURRENT PLAN IS FOR ALL OF THE, UH, ONSITE AMENITIES WOULD SERVE THE TENANTS, UM, AND BE, YOU KNOW, FOR THE, THE BENEFIT OF THE TENANTS USE.
THERE IS A LOT OF, OF, UH, SERVICES THAT WE'LL BE BRINGING IN AND PARTNERING WITH, UH, NEIGHBORHOOD, UH, COMMUNITY OR NEIGHBORHOOD PARTNERS WHERE WE'LL HAVE, UH, SUPPORTIVE SERVICES, YOU KNOW, AFTERSCHOOL PROGRAMS, PARTNER WITH LOCAL GROUPS FOR FINANCIAL LITER LITERACY TRAINING, HEALTH SERVICES, THINGS LIKE THAT.
UH, BUT THAT THE CURRENT PLAN IS THAT THAT WILL BE FOR THE BENEFITS OF THE TENANTS WHO LIVE THERE.
AND, AND I THINK THERE WAS A MENTION THAT THE CHURCH WAS ON A SHORT-TERM LEASE.
DID, DID THEY MAKE THESE KIND OF COMMUNITY IMPROVEMENTS THEMSELVES, AND IF SO, ARE THEY BEING MADE WHOLE SOMEHOW? UH, I, I AM NOT SURE ABOUT THAT.
UH, I KNOW THE, THE LANDOWNER IS HERE WHO COULD MAYBE ANSWER THAT.
UM, BUT, UH, BUT I, I'M NOT SURE ABOUT THAT.
IF THE LANDOWNER'S WALKING UP, WE'RE HAPPY TO MAKE 'EM WHOLE.
UM, YOU KNOW, WE'RE HAPPY TO MAKE 'EM WHOLE ON ANY WORK THAT THEY DID OUT THERE.
UH, THE MAJORITY OF IT, THE PAVED AREA THAT HAS A BASKETBALL GOAL AND WHERE THEY'VE PUT SOCCER GOALS, UM, THAT WAS THERE, THEY MAY HAVE REPLACED THE SOCCER GOALS, UH, THAN THE ONES THAT WERE PREVIOUSLY THERE.
UM, WE ACTUALLY, UH, SPENT MONEY TO OPEN IT UP FOR A FUTURE TENANT.
THERE USED TO BE A MOBILE HOME THAT, UH, IT WAS IN SUCH BAD SHAPE WHEN WE PURCHASED THE PROPERTY THAT WE TRIED TO DONATE IT AND IT WAS IN SUCH BAD SHAPE.
SO WE WENT AHEAD AND SPENT THE MONEY TO DEMO THAT, TO CREATE A MORE OPEN SPACE FOR WHICHEVER TENANT CAME ALONG TO, TO DO A SHORT TERM LEASE.
OKAY, OTHER QUESTIONS? COMMISSIONER MARIA RAMIREZ, I'M NOT SURE WHO THIS QUESTION IS FOR, BUT MAYBE FOR THE APPLICANT, BUT DO YOU FORESEE A SCENARIO IN WHICH YOU COULD PARTNER WITH THE CHURCH TO HAVE, UM, YOU KNOW, THE, THE SAME CONGREGATION BE ABLE TO STILL CELEBRATE IN THE SAME SPACE? I'VE, I'VE SPENT SOME TIME THERE, YOU KNOW, AND THERE'S A, AS YOU SAY, THERE'S A LOT OF APARTMENT COMPLEXES IN THE AREA.
I'VE SEEN PEOPLE, YOU KNOW, HANGING OUT AT THE STORE AND IT'S A VERY WALKABLE SPACE.
SO I'M WONDERING IF, YOU KNOW, THEY COULD COME BACK.
UH, THE CHURCH IS CURRENTLY UNDER A, A LEASE THAT'S VERY MUCH UNDER MARKET.
UM, I PERSONALLY DON'T SEE A SCENARIO WHERE THEY COULD COME BACK.
UM, THE OWNERS HAVE BEEN WORKING WITH THE CHURCH AND, UM, SHOWING THEM DIFFERENT SITES FOR THEM TO CONSIDER, UM, AS PART OF THEIR DISCUSSIONS ABOUT THE TERMINATION OF THE LEASE.
UM, I SUSPECT THAT THAT WILL CONTINUE TO GO ON.
UH, BUT I DON'T SEE AN OPPORTUNITY FOR THEM TO COME BACK TO THE SITE.
COMMISSIONER PHILLIPS, THANK YOU.
AND I DON'T KNOW, UM, WHO THIS QUESTION IS FOR, BUT HOW LONG HAS THE CHURCH BEEN AT THAT LOCATION? YES, ME AGAIN, THAT CHURCH, WHAT BUILDING? 19 70, 54 YEARS FROM NOW.
SO WE SPEND ALMOST $30,000 RENEWING ALL THE TEAM.
WE MAKE THE BASKETBALL COURT AGAIN, THEY PUT NEW BOARDS, UH, FOOTBALL, UH, UH, SOCCER FIELD, AND WE PLANNING TO PUT, UH, VOLLEYBALL SAND COURT.
[00:55:01]
SO WE TRY TO DO, AT BEST EVEN WE ARE RENTING.WE TAKE IT AS, UH, OR I MEAN, WE DON'T, WE SPEND THE MONEY.
WHAT NEED WE NEED TO DO BECAUSE WE PRESENT, WE WANT TO PRESENT THE WORLD OF GOD AS WE, WE DON'T, UH, THE GOSPEL IS FOR EVERYBODY IN A GOOD SHAPE BECAUSE THAT BUILDING WAS, WAS, UH, IN OUR WINDS, THE PARKING LOT WAS FULLY ON HOLES, VERY HOLES.
AND YOU CAN SWIM UP THERE WITH RAIN.
SO THAT'S WHY WE ARE HERE BECAUSE WE HELP THE COMMUNITY, UH, PEOPLE SURROUND AND SUNDAY AFTERNOON THEY PLAY SOCCER AND BASKETBALL, AND THAT'S WHY WE'RE HERE.
AND THE TEACHERS HAVE 54 YEARS.
I, I JUST WANT TO CORRECT THE RECORD ON ONE THING.
THIS PARTICULAR CHURCH HAS BEEN THERE FOR LESS THAN TWO YEARS.
THEY, THEY, THEY SIGNED A LEASE, UH, ABOUT ONE YEAR AGO.
UM, THE CHURCH THAT WAS THERE PREVIOUSLY, UH, DWINDLED DOWN TO LESS THAN FOUR MEMBERS AND THEY BASICALLY WENT OUT OF BUSINESS AND LEFT.
AND SO THIS PARTICULAR CHURCH HAS BEEN THERE FOR A LITTLE OVER A YEAR.
UH, WHEN YOU SAY THAT, UM, I'M, WELL BECAUSE GIVEN THE HISTORY, ARE THE SAME PEOPLE INVOLVED, WERE THE SAME PEOPLE INVOLVED IN THIS NEWER CHURCH AS WAS INVOLVED IN, FROM WHAT I HEAR, THE, THE GENTLEMAN SAID THAT THEY WERE SIMILAR PEOPLE INVOLVED IN THE CHURCH THAT WAS THERE FOR 54 YEARS.
AND THE CHURCH THAT'S THERE HERE NOW, SO I JUST WANNA MAKE SURE IT'S UNDERSTANDING THAT CORRECTLY, THAT IT'S FUNCTIONED AS A CHURCH FOR THE COMMUNITY FOR 54 YEARS UNDER WHATEVER NAME.
WELL, IF YOU'RE ASKING WHETHER THIS CHURCH, THE SAME PEOPLE WITH THIS CHURCH WERE INVOLVED IN THE PREVIOUS CHURCH, MY UNDERSTANDING IS NO, THEY WERE NOT.
THAT THAT WAS THE DIFFERENT CONGREGATION.
IS THAT WHAT THE OTHER GENTLEMAN, UM, THE OWNER IS A A YEAH.
UM, I THINK SHE MEANS THE PASTOR.
I, YES, UH, WE ARE THERE SINCE LAST YEAR, LIKE I SAID, UH, WAS A BEAUTIFUL CHURCH THAT WE SAW AT THAT TIME.
BUT, UH, WE TRIED TO DO AT BEST TO PRESENT THE GOSPEL IN A GOOD SHAPE BECAUSE I THINK THIS COUNTRY WAS BASED IN THE BIBLE.
SO, UH, IF WE FORGOT THE FUNDAMENTAL OF THIS COUNTRY, WE'RE GONNA BE LOST AS SOCIETY.
SO WE UNDERSTAND THAT PROFIT IS OKAY, BUT WE NEED TO HAVE BALANCE.
SO BY NOW, AT THAT TIME, THE OWNERS BUY THAT CHURCH IN A BARGAIN PRICE BECAUSE THIS IS NOT A BUSINESS, IT'S A CHURCH.
SO THAT'S WHY WE TRIED TO BUY IT AND HE DIDN'T, THEY DIDN'T ALLOW IT.
AND THAT'S WHY WE ARE HERE TO TRY TO KEEP THAT BUILDING.
WE, WE CAN DO A DEAL WITH THE OWNERS IF IT'S POSSIBLE, BUT IN A REASONABLE PRICE AS THEY BOUGHT IT, MAYBE WE CAN BUY IT TOO.
OTHER COMMISSIONERS OF QUESTIONS? COMMISSIONER ANDERSON? COMMISSIONER MAXWELL? UH, YEAH.
CAN, UM, UM, THIS QUESTION FOR THE APPLICANT, I GUESS I JUST WANTED TO REVIEW THE DETAILS OF THIS AND ALSO ASK A QUESTIONS ABOUT, UM, WHAT I'M SEEING OUR FAVORITE TOOL ON THE PLANNING COMMISSION GOOGLE MAPS.
SO FIRST OF ALL, CAN YOU REVIEW ONE MORE TIME, THIS IS AN AFFORDABILITY UNLOCKED, CORRECT.
UH, SO AP APPROXIMATELY HOW MANY APARTMENTS AND PEOPLE SERVED, HOPEFULLY 192 UNITS.
AND, AND A GOOD NUMBER OF THOSE WOULD BE FAMILY SIZE, IS THAT CORRECT? YEAH.
UM, 88, 2 BEDROOMS AND 77 3 BEDROOMS. SO YOU CAN ASSUME THAT A, A, A, A GOOD NUMBER, A GOOD PERCENTAGE OF THOSE WILL BE OCCUPIED BY FAMILIES.
AND GIVEN THAT IT'S AFFORDABILITY UNLOCKED, YOU ALL HAVE BEEN SEEKING, I ASSUME, SOME SUPPORTS AND SUBSIDIES TO MAKE THAT PROJECT SORT OF WORK.
AND, UM, YOU WANNA SPEAK TO THAT?
[01:00:03]
UH, SO THIS PROJECT WILL BE, UH, PART OF THE 4%, UH, LITECH PROGRAM.UH, SO WE'LL BE APPLYING, UH, TO THE STATE FOR BONDS AS WELL AS TAX CREDITS.
AND THEN I NOTICED IN THE BACKUP, AND THEN AS I MENTIONED, GOOGLE MAPS, THAT THERE'S SEVERAL, UM, SCHOOLS DIRECTLY ADJACENT TO THESE PROPERTIES.
AND SEVERAL, I BELIEVE THAT THERE'S A PROGRAM, A IC WHERE THERE'S DISCOUNTED RENT FOR CHURCHES AND OTHER NONPROFITS COMMUNITIES TO USE THOSE SPACES ON THE WEEKENDS, WHICH BENEFITS BOTH THE SCHOOL DISTRICT AND THOSE CHURCH COMMUNIC.
IS THAT CORRECT? I BELIEVE SO.
I THINK THAT'S SOMETHING THAT WE COULD MAKE AVAILABLE, ABSOLUTELY.
BECAUSE THOSE ALL SEEM TO BE DIRECTLY ADJACENT.
IT LOOKS LIKE THERE'S A HIGH SCHOOL, AN ELEMENTARY SCHOOL, AS WELL AS A MIDDLE SCHOOL.
I ASSUME THAT THOSE STUDENTS AND FAMILIES WOULD ALL BENEFIT FROM THIS PROJECT AS WELL.
AND THEN JUST ONE OTHER QUESTION IN TERMS OF, YOU KNOW, SORT OF MAKING ALL OF THIS PENCIL FOUR 40, YOU ALL FEEL COMFORTABLE THAT YOU'LL HAVE THE RIGHT LEVEL OF SUBSIDIES TO ENSURE THAT THIS PROJECT MOVES FORWARD IN THIS WAY? THAT'S CORRECT.
SO IF WE WERE, SAY FOR SOME REASON NOT TO HAVE THIS, WE MIGHT NOT GET SUCH A GOOD PROJECT IN THE FUTURE.
IS THAT CORRECT? THAT'S RIGHT.
OTHER COMMISSIONERS WITH QUESTIONS? UM, FOR THE RECORD, CAN WE GET SOMEONE TO SAY THE LANDOWNER'S NAME? UH, I MISSED THAT EARLIER.
UH, LANDOWNERS ARE JAMES KANE AND MATTHEW BENNETT.
IF NO OTHER QUESTIONS, I'M LOOKING FOR A MOTION COMMISSIONER SKIDMORE, MOTION TO APPROVE STAFF.
A MOTION TO APPROVE THE STAFF RECOMMENDATION.
SECOND BY COMMISSIONER MAXWELL, WOULD YOU LIKE TO SPEAK TO YOUR MOTION COMMISSIONER SKIDMORE? UH, NOT MUCH TO ADD, OTHER THAN WHAT OUR DISCUSSION ALREADY WE'RE.
WE HAVE AN OPPORTUNITY TO BUILD DEEPLY AFFORDABLE HOUSING ON A TRANSIT CORRIDOR OR IN A NEAR SCHOOLS.
AND TO TAKE PROPERTY THAT IS OF WHILE IT IS HOME TO A CHURCH PRESENTLY IS ALSO OF REALLY UNDERUTILIZED.
I MEAN, IF YOU LOOK THROUGH LIKE IMAGES BACK THROUGH TIME, IT'S A, YOU KNOW, A PARKING LOT THAT IS BASICALLY EMPTY EVERY TIME
SO WE HAVE A CHANCE TO BUILD MORE HOUSING, AFFORDABLE HOUSING FOR WORKING FOLKS IN AUSTIN, AND I'M HAPPY TO, TO SEE IT MOVE FORWARD.
ANYBODY SPEAKING AGAINST, SORRY, DID I, OKAY.
OKAY, LET'S GO AHEAD AND, OH, COMMISSIONER COX? YEAH, I, I'LL JUST, UM, I'LL JUST MIRROR THE, THE STATEMENTS ABOUT HOW THIS IS, THIS IS SEEMINGLY A VERY GOOD PROJECT.
I MEAN, IT'S A LOT OF, OF, OF AFFORDABLE HOUSING THAT WE NEED.
UH, IT'S ACROSS 180 3 FROM MY FAVORITE MEXICAN BAKERY, WHICH IS MAKING ME REALLY HUNGRY RIGHT NOW.
UM, AND IT IS AN UNDERUTILIZED PIECE OF PROPERTY, BUT I WANTED TO SPEAK SIMPLY TO TRY TO ENCOURAGE AS MUCH AS POSSIBLE THIS PROPERTY OWNER AND THE DEVELOPER.
UM, IT IS A, A DECENTLY LARGE SITE.
I, I KNOW YOU'RE, YOU'RE TRYING TO ACCOMMODATE AS MANY RESIDENTIAL UNITS AS POSSIBLE, WHICH IS, WHICH IS DEFINITELY SOMETHING WE WANT TO DO.
BUT IF THERE'S ANY WAY TO INCORPORATE COMMUNITY SPACE THAT IS AVAILABLE TO THE ENTIRE COMMUNITY, I THINK THAT THAT WOULD CERTAINLY MAKE Y'ALL SOME FAVORITE NEIGHBORS.
UM, FOR THOSE WHO WHO UTILIZE THIS, THIS PLACE CURRENTLY.
SO I'M, I'M HOPING THAT THAT CONVERSATION CONTINUES AND THAT MAYBE, UH, INSTEAD OF KIND OF BEING IN THIS BATTLE BETWEEN A CHURCH AND COMMUNITY SPACE AND AFFORDABLE HOUSING, UH, WE CAN TRY TO FIND A WAY TO, TO MELD BOTH IN, IN A GREAT PROJECT.
ANY OTHER COMMISSIONER SPEAKING FOR OR AGAINST COMMISSIONER PHILLIPS? SO I JUST WANNA ECHO SOME OF COMMISSIONER COX'S, UM, CONCERNS AND, UH, AND SAY THAT, YEAH, WE HAVE A, A WONDERFUL OPPORTUNITY HERE TO ADDRESS THE AFFORDABILITY CRISIS, ESPECIALLY FOR, UM, DEEPLY AFFORDABLE HOUSING.
BUT WE ALSO ARE FACING A DISPLACEMENT IN THE CITY OF BOSTON, OF CHURCHES AND PARTICULARLY CHURCHES IN COMMUNITIES OF COLOR.
THEY ARE BEING BOUGHT UP AND THEN THE SPACES ARE BEING, UM, RENOVATED AND THE CHURCHES ARE HAVING TO MOVE FARTHER AND FARTHER AWAY FROM THE COMMUNITIES THEY SERVE.
AND I'M NOT SURE I SEE A BALANCE IN THIS, AND FOR THAT REASON I WILL BE ABSTAINING.
ABSTAINING BECAUSE AT SOME POINT WE'RE GONNA HAVE TO TALK ABOUT BALANCE.
AND I UNDERSTAND UNDERUTILIZED
[01:05:01]
LAND WHEN IT COMES TO HOUSING, BUT I DON'T KNOW THAT YOU COULD PUT A VALUE ON WHAT CHURCH AND COMMUNITY SPACE BRINGS TO A COMMUNITY.OTHERS SPEAKING FOR OR AGAINST? LET'S GO AHEAD AND TAKE A VOTE ON THIS MOTION TO MOVE FORWARD WITH STAFF RECOMMENDATION.
ALL THOSE IN FAVOR? THOSE AGAINST.
THAT PASSES EIGHT TO ZERO TO ONE WITH COMMISSIONER PHILLIPS ABSTAINING.
[13. Rezoning: C814-2023-0027 - 311-315 South Congress PUD - District 9 (Part 2 of 2)]
CHAIR.I WOULD LIKE TO ASK FOR US TO RECONSIDER THE POSTPONEMENT OF ITEM NUMBER 13.
WOULD YOU LIKE TO SPEAK TO THAT? SURE.
AND JUST A REMINDER TO OUR, MY FELLOW COMMISSIONER IS I WOULD NEED A MAJORITY IN ORDER FOR THIS TO BE RECONSIDERED, WHICH ONE? WE WOULD HAVE THE DISCUSSION ON THE POSTPONEMENT AGAIN.
UM, BUT I JUST WANTED TO HIGHLIGHT THE FACT THAT I, I APPRECIATE COMMISSIONER COX, WHAT YOU WERE SAYING.
I DON'T WANT US TO GET TO THE END OF THE MEETING, GO THROUGH A DISCUSSION AND NOT BE RESPECTFUL OF THE TIME OF US OR ANY OF THE REPRESENTATIVES WHO ARE HERE.
SO I JUST, AT THIS POINT, I WOULD ASK MY FELLOW COMMISSIONERS, LET'S GO AHEAD AND GRANT THAT TWO WEEK POSTPONEMENT, UM, AND THEN COME BACK AND HAVE THAT, UH, CONVERSATION.
AND HOPEFULLY IN THAT TIME, BOTH THE APPLICANT AND, UM, THE NEARBY PROPERTY OWNERS HAVE HAD SOME CONVERSATIONS.
SO WE CAN PROCEED AT THAT TIME.
SO, CHAIR, THAT IS WHY I'M ASKING FOR A RECONSIDERATION OF THIS MOTION.
ANYBODY SPEAKING FOR OR AGAINST CHAIR MS. ANDERSON, IS THIS, IS IT OKAY TO ASK IF THE APPLICANT HAS ANY OBJECTIONS TO THIS? YES.
LET MS. SOER, I'D LOVE TO ASK YOU JUST THAT QUESTION.
LEMME KNOW IF YOU NEED ME TO REPEAT IT.
WE ARE OKAY WITH THE TWO WEEK POSTPONEMENT.
IF NO QUESTIONS, UM, UNLESS THERE IS OBJECTION, I'M GONNA TRY IT AGAIN.
COMMISSIONER PHILLIPS DID I SEE? UM, OKAY.
SO THE ITEM'S BEEN RECONSIDERED, RECONSIDER TO NOW CHAIR.
I MAKE A MOTION TO POSTPONE THIS TO MAY 28TH.
IT'S A NEIGHBORHOOD POSTPONEMENT TO MAY 28TH.
UM, SECOND BY COMMISSIONER COX.
ANY DISCUSSION QUESTIONS ON THIS? UNLESS THERE'S OBJECTION, THIS MOTION PASSES.
WE ARE GOING TO MOVE ON TO ITEM NUMBER.
[18. Historic Zoning: C14H-2024-0011 - Fashionette Beauty Shop/McDonald Jackson House - District 1]
A HISTORIC ZONING OF THE FASHION AT BEAUTY SHOP.UM, WE'LL HEAR FROM THE, UH, MS. CONTRERAS.
ITEM NUMBER 18 OH CAL CHAIR PLANNING DEPARTMENT.
ITEM NUMBER 18 IS CASE NUMBER C 14 H 20 24 0 0 1 1.
THIS IS AN OWNER INITIATED REQUEST FOR HISTORIC ZONING FOR THE PROPERTY AT 1206 EAST 13TH AND 1209 BOB HARRISON STREET.
UH, THIS IS THE FASHION AT BEAUTY SHOP AND MCDONALD JACKSON HOUSE STAFF AND THE HISTORIC LANDMARK COMMISSION BOTH RECOMMEND HISTORIC ZONING UNDER THE DESIGNATION CRITERIA FOR ARCHITECTURE, HISTORICAL ASSOCIATIONS, AND COMMUNITY VALUE.
THE 2016 EAST AUSTIN HISTORIC RESOURCE SURVEY ALSO NOTES THAT THE PROPERTY IS ELIGIBLE AS A CONTRIBUTING STRUCTURE TO POTENTIAL LOCAL AND NATIONAL REGISTER DISTRICTS.
ACCORDING TO THE SURVEY, THE BUILDING AT 1206 EAST 13TH RETAINS THE BUILT ELEMENTS THAT DEFINE IT NOT ONLY AS A RESIDENTIAL CRAFTSMAN BUNGALOW, BUT ALSO AS A HOME-BASED BUSINESS WITH DOUBLE ENTRANCES.
THE REAR BUILDING IS A GOOD EXAMPLE OF A CENTER PASSAGE NATIONAL FOLK STYLE BUILDING.
BOTH ARE ASSOCIATED WITH AFRICAN AMERICAN BUSINESS WOMAN AND COSMETOLOGIST.
ETHEL MCDONALD JACKSON, WHO RAN A SUCCESSFUL HOME-BASED SALON THERE FROM 1944 TO 1974, AND WHOSE FAMILY SERVED THEIR COMMUNITY AS CIVIC LEADERS THROUGHOUT THE 20TH CENTURY.
THE FASHION AT BEAUTY SHOP IS A SIGNIFICANT REMINDER OF THE RESILIENCE, CREATIVITY, AND BUSINESS ACUMEN OF AFRICAN-AMERICAN WOMEN ENTREPRENEURS AND SEGREGATION ERA AUSTIN.
THOUGH FEW EAST AUSTIN RESIDENTS COULD CONSTRUCT BRAND NEW COMMERCIAL BUILDINGS, BUSINESS OWNERS USED THEIR HOMES TO PROVIDE PROFESSIONAL SERVICES THAT CUSTOMERS OF COLOR COULD NOT ACCESS ELSEWHERE.
BEAUTY AND BARBERSHOPS WERE PARTICULARLY IMPORTANT AS THEY PROVIDED BOTH A GATHERING SPACE AND AN ESSENTIAL SERVICE TAILOR TO BLACK STYLE AND BEAUTY.
ETHEL AND ELMER JACKSON WERE INFLUENTIAL MEMBERS OF THE EAST AUSTIN COMMUNITY WHO CONSISTENTLY PUT THE NEEDS OF OTHERS OVER THEIR PERSONAL NEEDS.
WRIGHT'S DAUGHTER AND APPLICANT, BELINDA DAVIS, THE FASHION AT BEAUTY SHOP WAS A HUB OF ACTIVITY,
[01:10:01]
ACTIVITY FOR NEIGHBORS, A PLACE OF REFUGE COUNSELING TO RECEIVE A WORD OF ENCOURAGEMENT OR EVEN A PRAYER.IN ADDITION TO THE SHOP, SERVING AS A NEXUS FOR THOSE IN NEED OF COSMETOLOGY SERVICES AND COMMISERATION, THE JACKSONS OPENED THEIR HOME TO THOSE IN NEED, INCLUDING THOSE WHO NOT, WHO COULD NOT FIND ACCOMMODATION ELSEWHERE.
BECAUSE OF AUSTIN SEGREGATION LAWS, DAVIS WRITES, THEY SACRIFICED TO PROVIDE FOR THOSE WHO NEEDED HOUSING, EDUCATION, FOOD, AND LOVE.
THE MCDONALD JACKSON HOUSE ONCE WITHIN JUST A FEW BLOCKS OF MANY OF ROBERTSON HILLS BLACK OWNED BUSINESSES, WAS NOT ONLY A SALON, BUT ALSO A PLACE OF COMPASSIONATE ASSISTANCE.
WE'LL NOW HEAR, UM, FROM MS. BELINDA DAVIS.
MS. DAVIS, YOU'LL HAVE FIVE MINUTES.
I HAPPEN TO BE ONE OF THE HEIRS OF THE PROPERTY.
BOB HARRISON, MY SISTER AND I GREW UP IN THOSE HOMES.
WE CAME TO TEXAS IN 1956, UM, TO LIVE WITH MY AUNT AND UNCLE ETHEL MCDONALD JACKSON AND, UH, ELMER JACKSON.
IT WAS APRIL 30TH, 1956 ON MY SISTER'S SECOND BIRTHDAY THAT WE ARRIVED.
EVERYTHING ABOUT IT, WE STAYED THERE FOR FOUR YEARS AND, UM, OUTGREW THAT LITTLE TWO BEDROOM BUNGALOW.
AND SO WE, WE SWITCHED HOUSES, MOVED INTO 1206, UM, UM, EAST 13TH.
AND, YOU KNOW, MY MOM'S BEAUTY SHOP WAS RIGHT ON THE SIDE OF THE HOUSE.
IT WAS JUST THE PERFECT SETUP, UM, IN TERMS OF TAKING CARE OF TWO CHILDREN.
AND SO, UM, MY PARENTS WERE SO INFLUENTIAL, UM, IN THE NEIGHBORHOOD AND IN THE LIVES OF MY SISTER AND I, WE WOULD'VE BEEN ORPHANS IN CALIFORNIA, IF NOT FOR THEM, BUT IT JUST WASN'T US.
WHAT MY UNCLES, MY TWO UNCLES CAME FROM BASTROP COUNTY AND LIVED WITH, UH, MY, UH, MAMA AND, UH, MY DADDY AND AUSTIN, SO THEY COULD ATTEND THE ORIGINAL LC ANDERSON HIGH SCHOOL.
THAT WAS LIKE A COLLEGE DEGREE ALMOST.
UM, AND THEY'D ONLY BEEN MARRIED ABOUT THREE MONTHS, BUT SHE'S COME, COME, UH, MY, UH, GRANDFATHER LIVED WITH US WHEN HE GOT SICK.
HE CAME TO AUSTIN AND HE LIVED THERE, UH, UNTIL HE PASSED.
MY UNCLE LIVED THERE, A FAMILY FRIEND WHO WAS DOWN ON HER LUCK CAME FROM CALIFORNIA.
HER MAMA CALLED AND SHE SAID, WE'LL SEND HER ON.
AND SHE LIVED THERE FOR A YEAR OR SO.
UM, IT WAS JUST, UH, AND MY SISTER AND I, YOU KNOW, GREW UP THERE AND IT WAS THE BEST THING HAPPENED TO US TO GET OUTTA CALIFORNIA AND COME TO TEXAS TO GROW UP.
AND WE WERE, THEY WERE ABLE TO PROVIDE US A, A, A LOVING HOME, UM, UH, A A GOOD EDUCATION.
AND ONE THING MAMA WOULD SAY, DO NOT SELL THIS PROPERTY.
AFTER ALL THESE YEARS, WE ARE IN THE POSITION.
MY BABY SISTER DIED BRENDA, IN 2006.
SO I'M, IT'S FALLING ON ME AND HER, UH, TWO CHILDREN TO RENOVATE THE HOME.
SO I'M BACK LIVING IN TEXAS NOW, AND WE'VE RENOVATED, WE'RE ABOUT FINISHED, AND WE TRY TO RENOVATE IT THE WAY I REMEMBER IT AS A LITTLE GIRL, NOT SOME OF THOSE OTHER
WE ARE THE ONLY IN THAT BLOCK ON AT 1304 SAN BERNARD.
THERE'S ONE ORIGINAL FAMILY, NO ONE ELSE.
[01:15:01]
THEY WANNA BUY YOUR PROPERTY, CARRY IT DOWN, AND BUILD WHATEVER, THREE STORIES HIGH.SO MY, UH, GOAL IS TO RENOVATE THEM.
YOU KNOW, WE, UH, TRIED TO DO EVERYTHING WE COULD TO KEEP IT AUTHENTIC THE WAY WE REMEMBER IT.
ANY QUESTIONS? I CAN LISTEN TO YOU TALK AND TELL STORIES FOR A LONG TIME, BUT THANK YOU,
I'VE BEEN AROUND A LONG TIME, SO I HAVE SOME STORIES TO TELL YOU.
WE'LL NOW HEAR FROM MR. CHAIR.
APPRECIATE, UH, HI CHAIR AND VICE CHAIR AND COMMISSION.
UM, HERE TODAY, UH, IN SHORT, JUST FOR CIVIC DUTY, I'M, UH, THE NEIGHBOR AT 1205 BOB HARRISON STREET NEXT TO THIS PROPERTY.
UH, I FIRST, UH, UH, CAME TO THIS PROPERTY IN 2014.
UM, THIS HAS BEEN A REALLY TOUGH, UM, UH, EIGHT TO 10 YEARS.
UH, AND I WANNA BRIEFLY, UH, CHARACTERIZE NEXT SLIDE.
UH, WHEN I FIRST ARRIVED, UH, THE PROPERTY WAS BEING USED AS A SHADE TREE MECHANIC, UH, UH, LOCATION, UH, VEHICLES COMING EVERY SINGLE DAY, UH, TO BE, UM, MANAGED IN BETWEEN THE TWO PROPERTIES AND THE FRONT PROPERTY.
UM, AND, UH, NEXT SLIDE, PLEASE.
UM, SOON THEREAFTER, UH, I REALIZED THAT THIS WAS BEING OPERATED AS A DRUG HOUSE.
UH, DRUG DEALS WERE HAPPENING, UH, NEARLY EVERY SINGLE DAY TO THE TUNES OF DOZENS OF VEHICLES.
UH, OFTENTIMES, UH, UH, AN INDIVIDUAL WOULD UNLOCK, PADLOCK THE FRONT DOOR OF 1209, UM, COME INSIDE, OUTSIDE DRUG DEALS WOULD HAPPEN ALL NIGHT.
UM, TWO POLICE OFFICERS WOULD COME ROUTINELY UNDERCOVER.
UM, UH, THERE WAS A SQUATTER IN THE RESIDENCE.
THIS WAS A RELATIVE OF THE, OF THE OWNER.
UH, HIS NAME IS WAYNE WILLIAMS. UM, AND, UH, THIS PERSON WOULD BUILD ENCAMPMENTS IN BETWEEN THE TWO PROPERTIES, OFTENTIMES MAKING FIRES, UM, YOU KNOW, CAUSING OTHER DANGEROUS ACTIVITY.
UM, THE ACTIVITY WOULD HAPPEN AT 1, 2, 3 AM ALMOST EVERY NIGHT.
UH, SO FOR MYSELF AND MY FAMILY, UH, AND OUR NEIGHBORS, THIS OBVIOUSLY WAS PRESENTING ITSELF AS A VERY, UH, UNSAFE, UH, LOCATION TO COME HOME TO IN THE EVENINGS.
I'M CALLING THAT OUT, UH, FOR A LATER SLIDE PURPOSE.
UH, SIMILAR VEHICLES COMING TO THE 1209 BOB HARRISON, OFTENTIMES GOING INSIDE, OUTSIDE THE BOARDED UP, UH, PROPERTY.
UH, OFFICERS WOULD FREQUENTLY FOLLOW VEHICLES TO AND FROM THE HOME.
UH, THIS IS ANOTHER UNDERCOVER OFFICER.
UM, THEY WOULD COME TO OUR HOUSE AND INTERVIEW US AND NEIGHBORS ASKING WHERE THE OWNERS WERE.
THEY COULDN'T GET IN TOUCH WITH THE OWNERS.
THEY WERE FREQUENTLY ASKING, UH, WHY, UM, UH, NO OWNER HAS COME TO TRY TO STOP THE ACTIVITY.
UH, FREQUENTLY IT WOULD BLOCK THE ENTIRE ROADWAY.
UM, THIS WOULD HAPPEN AT ALL HOURS, UH, OF THE EVENING.
UM, NOISE ISSUES, UM, SOMETIMES VIOLENT ACTIVITY.
UM, AND CHRIS AND JENNIFER ON THE OTHER SIDE WOULD ALSO, UH, TRY TO CONTACT, UH, THE POLICE, UH, TO GET ASSISTANCE FOR THE CONTINUED ACTIVITY.
AND I'M TALKING YEARS AND YEARS.
UM, IT WOULD OFTEN HAPPEN IN BETWEEN THE TWO STRUCTURES.
UM, PEOPLE WOULD COME IN AND OUT OF, OF BOTH.
UM, THEY WOULD FREQUENTLY BLOCK CHRIS AND JEN'S DRIVEWAY IN MY DRIVEWAY.
UM, YOU KNOW, WALK ALL OVER OUR PROPERTIES, THEIR PROPERTIES, UM, DURING THIS ACTIVITY.
UM, HERE I CAME HOME, UH, TO, UM, UNDERCOVER POLICE HOLDING FOLKS AT GUNPOINT.
UM, AND THIS WAS NOT AN INDIVIDUAL OCCURRENCE.
THIS WOULD HAPPEN, UH, MULTIPLE TIMES.
UM, I JUST HAPPENED TO BE COMING HOME FROM WORK, UM, AND, UH, BEING ASKED BY THE OFFICER TO STAY IN MY CAR, UH, BECAUSE HE, AGAIN, WAS ARRESTING PEOPLE ON THE PROPERTY, UH, IN 1209.
UM, AGAIN, UH, FREQUENT OCCURRENCE.
UM, MYSELF AGAIN, 2020, UH, HAVING TO CONTACT 9 1 1 AGAIN, UH, BECAUSE OF FIGHTS.
BREAKING OUT AT 1209, UM, ON THE FRONT OF THE PROPERTY AND IN BETWEEN THE PROPERTY, PEOPLE THAT I DON'T KNOW, AND OBVIOUSLY COULDN'T GO OUTSIDE, UH, TO ENGAGE WITH.
NEXT SLIDE, THE COMMANDER HAD TO GET INVOLVED.
SO, UM, HERE YOU SEE, THEY RAN SURVEILLANCE IN AN UNDERCOVER OPERATION, TARGETING THE AREA.
THERE WE HAVE FULLER EVIDENCE.
UM, THEY HAVE THIS LOCATION ON RADAR AND MORE PLANNED OPERATIONS.
THEY TRIED TO CONTACT THE OWNERS.
UM, I TRIED TO CONTACT THE OWNERS.
UM, AND AGAIN, MORE, MORE ISSUES WITH PEOPLE AT GUNPOINT.
UH, COMMANDER, THANKS FOR PUTTING ME IN TOUCH.
UH, YOU KNOW, I SHARED DOZENS OF VIDEOS WITH UNDERCOVER.
THIS ACTUALLY ENDED UP IN SEVERAL UNDERCOVER OPERATIONS ACROSS THE CITY OF AUSTIN.
FROM THIS PARTICULAR LOCATION, A
[01:20:01]
PD ASKED FOR MY PERSONAL CAMERAS.UM, A DOG WAS THEN CHAINED IN BETWEEN THE PROPERTIES.
UM, UH, I CONTACTED THE OWNER, UH, SAM, WHO I BELIEVE IS A PART OWNER, AND ASKED HIM TO TRY TO DO SOMETHING, TRY TO STOP A DOG FROM BEING CHAINED, STOP THE DRUG ACTIVITY.
UM, AND HE PUT UP CHICKEN WIRE.
IT CERTAINLY DIDN'T STOP, UH, THE ACTIVITY.
UH, AN ENORMOUS FIRE BROKE OUT.
UH, CHRIS AND JEN NEXT DOOR HAVE CAMERA, UH, EVIDENCE OF WHO SET THE FIRE.
UM, YOU CAN SEE IN THE RIGHT HERE, THERE'S A, A, A DOG, UH, UH, ENCAMPMENT.
THERE'S A DOG BEING COVERED UP.
UH, UH, AND YOU'LL NOTICE PROPANE, TRASH, YOU KNOW, OTHER ARTICLES IN BETWEEN THE PROPERTY.
AND THIS HAS HOW IT WAS FOR MORE THAN EIGHT YEARS.
UM, NOW HOW DID WE HEAR ABOUT THE FIRE? MY SIX MONTH OLD DOG WOKE ME UP.
SO I CALLED 9 1 1 AND, UH, HELD A HOSE OUT FRONT, WAITING FOR A PD AND AF A FD TO COME AND PUT OUT THIS FIRE.
CHRIS AND JEN'S HOUSE WAS SIGNIFICANTLY DAMAGED, NEVER HEARD FROM THE OWNERS.
UH, AGAIN, UH, JUST, UH, COMPLETE DISARRAY.
UH, THEY COULDN'T DO AN INVESTIGATION, UH, BECAUSE SAM SHOWED UP AS ONE OF THE OWNERS AND CLEARED ALL OF THE DEBRIS.
UH, CONTINUED DRUG ACTIVITY AFTER THE FIRE.
WELL, UH, IF I MAY JUST CLOSE WITH, MY POSITION HERE IS NOT, UH, UH, AGAINST, UH, ANYTHING PERSONAL WITH THE OWNERS.
IT IS THAT, UM, THIS IS KNOWN AS A DRUG HOUSE IN THE COMMUNITY, NOT AS A, A PLACE, UH, OF ALL.
I HEAR FROM THE APPLICANT FOR A THREE MINUTE REBUTTAL.
I LIVED IN THAT, ON THOSE PROPERTIES FROM 1956 UNTIL 1976.
AFTER I'VE COMPLETED COLLEGE, GOT MARRIED TO A WONDERFUL MAN WHO'S SITTING IN THE AUDIENCE.
AND BECAUSE OF HIS JOB, WE LEFT TEXAS FOR 40 YEARS.
WHEN MY HUSBAND RETIRED, WE CAME BACK TO TEXAS.
I WAS AN OWNER THE WHOLE TIME.
BUT ABSENT, I LIVED ON THE EAST COAST, THE MIDWEST.
AND BEFORE MOVING HERE, WE WERE IN LOUISVILLE, KENTUCKY.
ONCE MY HUSBAND RETIRED, WE MOVED BACK TO TEXAS.
MY SISTER BRENDA PASSED IN 2006.
HER HUSBAND, SAMUEL WILLIAMS. SAMUEL WILLIAMS WAS IN CHARGE OF THE PROPERTY WHILE WE WERE NOT IN TEXAS.
MY, UH, BROTHER-IN-LAW DIDN'T WANT TO DO EXACTLY WHAT WE WANTED TO DO WITH THE PROPERTY WE WANTED, BECAUSE MY MAMA SAID, DON'T SELL IT.
WE WANTED TO RENOVATE THE PROPERTY AND, UM, YOU KNOW, KEEP IT IN THE FAMILY FOR FUTURE GENERATIONS.
SO THE THINGS THAT HAPPENED WHILE I WAS AWAY, AND THAT, THAT'S SOME GOOD PROOF.
WE'RE NEIGHBORS BECAUSE HAVE YOU NOTICED IN THE LAST, UH, I THINK WE STARTED IN 2022 TO RE TO RENOVATE THE PROPERTY.
AND I HAVE PICTURES HERE OF WHAT IT USED TO LOOK LIKE AND WHAT IT LOOKS LIKE NOW, IF YOU ALL WANT TO SEE IT.
UM, AND JUST, YOU KNOW, TO ASK MY NEIGHBOR, HAVE YOU NOTICED A CHANGE AT 1209 BOB HARRISON? IT'S CHANGED AND 1206, BUT IT TOOK, FINALLY MY BROTHER-IN-LAW, MR. WILLIAMS DECIDED HE WOULD DEED HIS SHARE OF THE PROPERTY TO HIS TWO CHILDREN.
HIS DAUGHTER IS HERE WITH ME THIS EVENING.
ONE OF ONE CHILD IS IN GERMANY.
HE LIVES IN GERMANY WITH HIS FAMILY.
AS SOON, YOU KNOW, WE GOT BACK HERE AND WE GOT TO WORK ON IT.
AND, AND OF COURSE I KNOW ABOUT THAT.
HIS BROTHER WHO WAS ON THE PROPERTY, WE'D GO BY THERE AND SAY, YOU NEED TO GET AWAY FROM HERE.
BUT HE WOULD LEAVE AND COME BACK,
[01:25:01]
LEAVE AND COME BACK.SO, UH, I WOULD SAY SINCE 2022, I'M HOPING YOU KNOW THAT, UM, HE HASN'T BEEN BACK.
BUT WE, IT'S UNDER CONSTRUCTION.
THERE'S A, A, A AM I FENCE SURROUNDED, CHAIN FENCE, YOU KNOW, AND THE CONTRACTORS ARE WORKING.
TRYING, YOU KNOW, GET BOTH OF THE HOMES COMPLETED.
DID YOU ALL WANNA LOOK AT ANY OF THE PICTURES? UH, WELL, WE'LL CLOSE OUT TIME IF THERE'S ANY QUESTIONS WE CAN WE'LL, IF YOU HAND IT TO MR. RIVERA, IF WE'LL MAKE SURE THAT YOU GET YOUR COPIES BACK TOO.
THAT CONCLUDES THE SPEAKERS ON THIS ITEM.
IS THERE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING? I SEE VICE CHAIR AND SECOND BY COMMISSIONER MAXWELL.
IF NO OPPOSITION, THAT MOTION PASSES.
SO FIRST, COMMISSIONER WITH A QUESTION, COMM.
COMMISSIONER COX WOULDN'T BE A PLANNING COMMISSION MEETING IF COMMISSIONER COX WASN'T THE ONE WITH THE QUESTION.
UM, UH, I'M LOOKING LIKE, LIKE COMMISSIONER, UH, MAXWELL HAD SAID OUR FAVORITE TOOL, UH, GOOGLE MAPS, AND I'M ON STREET VIEW.
UH, IT LOOKS LIKE SOME OF THESE OTHER STRUCTURES THAT ARE AROUND THIS PARTICULAR STRUCTURE TO ME, THEY, THEY ALSO LOOK, UH, WELL MAINTAINED AND POTENTIALLY HISTORIC.
ARE, ARE THERE OTHER HISTORIC ZONED PROPERTIES AROUND THIS PROPERTY? QUESTION FOR STAFF.
UH, NOT ADJACENT PROPERTIES, UM, BUT I CAN FIND A MAP FOR YOU IF YOU WANNA SEE.
UM, THE ONES THAT ARE CLOSE, UM, SAN BERNARD STREET, AROUND THE CORNER HAS A NUMBER OF LANDMARKS AS WELL.
UM, I JUST, I WAS JUST LOOKING AROUND AND SOME OF THE OTHER PROPERTIES THAT ARE WELL MAINTAINED LOOK VERY OLD AS WELL.
AND SO IT KIND OF CREATES A PRETTY NEAT, UH, HISTORIC LOOKING ENVIRONMENT OVER THERE.
UM, I GUESS MY, MY, MY ONLY OTHER QUESTION IS, UM, YOU KNOW, A LOT OF TIMES WHEN THESE HISTORIC CASES COME BEFORE US, UH, ONE COMMON COMPLAINT IS THAT IT'S, THEY, THEY TEND TO LEAN TOWARDS THE WEALTHY, UH, THE WHITE, UH, FOLKS ON THE WEST SIDE, THAT SORT OF THING.
AND THAT WE'VE, THAT WE'VE CONTINUOUSLY NEGLECTED, UH, TO PRESERVE THE HISTORY AND ARCHITECTURE OF THE EAST SIDE, WHERE A LOT OF AUSTINITES OF COLOR LIVED BECAUSE OF, UH, SEGREGATIONIST POLICIES.
AND SO I'M JUST CURIOUS IF YOU CAN COMMENT ON HOW THIS CASE KIND OF FITS WITHIN ANY EFFORT THAT'S HAPPENING TO TRY TO REBALANCE HOW WE LOOK AT, UH, HISTORIC PROPERTIES.
MS UH, DAVIS BROUGHT THIS TO US, UM, OF OWN ACCORD.
THIS IS AN OWNER INITIATED HISTORIC ZONING CASE, BUT IT DOES DOVETAIL VERY NICELY WITH THE EFFORTS THAT WE ARE HOPEFULLY GOING TO BE MAKING IN THE FUTURE WITH THE, UH, EQUITY BASED PRESERVATION PLAN, WHICH IS REALLY GONNA FOCUS ON EXPLORING HOW WE CAN BALANCE, UM, OUR ACKNOWLEDGEMENT OF THE BUILT HISTORY OF ALL KINDS OF AUSTINITES, INCLUDING UNDERREPRESENTED COMMUNITIES, ESPECIALLY THOSE WHO HAVEN'T HAD A VOICE IN THE PAST, OR WHOSE VOICE HAS BEEN SILENCED BY SYSTEMIC RACISM.
SO, UM, IT, IT REALLY IS A, A GOOD, UM, A GOOD WAY TO LEAD INTO WHAT WE HOPE THAT OUR PLAN WILL ACCOMPLISH.
SO I HAVE A COUPLE OF QUESTIONS.
AGAIN, SOUND IS, MAY NOT BE WHAT IT IS.
SO MY APOLOGIES UP FRONT IF SOME OF THESE QUESTIONS HAVE BEEN ANSWERED.
BUT, SO MY UNDERSTANDING IS THAT THE APPLICANT IS LOOKING FOR HISTORIC ZONING.
AND, AND THE, THE NEIGHBOR IS LOOKING FOR IT NOT TO BE HISTORICALLY ZONED.
I, I'M TRYING TO UNDERSTAND WHAT THE NEIGHBOR'S OPPOSITION IS, BECAUSE IF THE OWNER OWNS THE PROPERTY AND IS COMING FOR AND, AND IS QUALIFIED FOR HISTORIC ZONING, THEN, AND I'M NOT, I'M NOT CERTAIN WHAT, WHAT, UM, INTEREST, IF YOU WILL THERE IS OUTSIDE OF THAT.
BUT BECAUSE THIS IS AN OWNER AND THEIR PROPERTY, AND I, AND SO MAYBE SOMEONE COULD ENLIGHTEN ME AS TO, TO
[01:30:01]
WHY IT SHOULDN'T BE ZONED HISTORIC.IS IT BECAUSE IT'S NOT THEN ALONG THE LINES IT CAN BE DEMOLISHED AND THEN REDEVELOPED.
I'M ALSO UNDER THE WEATHER, SO I'M TRYING TO FOLLOW THIS, UH, MR. PHILLIPS, I'LL LET THE, UM, SPEAKER IN OPPOSITION SPEAK TO, UM, HIS PARTICULAR REASONING.
BUT I DO WANT TO MENTION THAT, UM, OUR LAND DEVELOPMENT CODE SECTION 25 11 2 16 IS A DUTY TO PRESERVE AND REPAIR, WHICH REQUIRES, UM, OWNERS OF A DESIGNATED HISTORIC LANDMARK TO, UH, PRESERVE THE HISTORIC LANDMARK AGAINST DECAY AND DETERIORATION.
UM, AND IT ALSO GIVES A LIST OF NINE, UM, DEFECTS OR DETERIORATION, UM, THAT THE, UH, PROPERTY OWNER MUST ENSURE, UM, ARE NOT TAKING PLACE ON THE PROPERTY.
UM, SO JUST AN ASIDE, BUT I'LL TURN IT OVER TO THE SPEAKER IN OPPOSITION, BUT IT STILL DOESN'T TELL ME THE SPEAKER IN OP COMMISSIONER PHILLIPS, THE SPEAKER IN OPPOSITION IS COMING UP THAT MIGHT BE ABLE TO HELP ANSWER YOUR QUESTION, ANSWER THE STAFF TOO.
BECAUSE IF THIS PROPERTY OWNER HAS COME HERE TODAY AND SAID THAT THEY'RE GOING TO DO RENOVATIONS AND IMPROVEMENTS, THEN I'M JUST NOT SURE WHAT THE ASK IS.
I APPLAUD THE LANDOWNER'S DESIRE TO OWN A RENTAL PROPERTY, UH, AND, UM, THAT'S THEIR PREROGATIVE.
UM, THIS PROPERTY HAS CAUSED SIGNIFICANT FEAR IN THE COMMUNITY FOR YEARS.
UH, HAS, HAS, UH, BEEN THE LEADER OF DRUG ACTIVITY IN THE SWEET HILL NEIGHBORHOOD FOR YEARS, UM, AND HAS NOT BEEN A SYMBOL OF COMMUNITY HEALTH AND WELLNESS, UH, FOR YEARS.
AND, AND THE COMMUNITY IS DEEPLY CONCERNED ABOUT THAT.
THANK YOU FOR YOUR CONCERN, BUT WHAT IS YOUR ASK MERELY PRESENTED INFORMATION, UH, TO THE COMMISSION REGARDING THIS, UH, PROPERTY FOR THEIR EVALUATION BASED ON THE CODE? UM, AND THAT'S WHAT I HOPE THE COMMISSION WILL EVALUATE.
ARE THERE COMMISSIONS WITH QUESTIONS? COMMISSIONER SKIDMORE HAD A QUESTION FOR STAFF ABOUT, UH, THE, THE IMPACT OF THE FIRE AT 1209 BOB HARRISON ON THE STRUCTURE'S QUALIFICATION FOR HISTORIC ZONING.
AND IT LOOKS LIKE FROM THE PHOTOS WE'VE JUST RECEIVED, THAT REPAIRS ARE UNDERWAY AND ARE THEY CONSISTENT WITH THE REQUIREMENTS OF THE HISTORIC ZONING? THANK YOU, COMMISSIONER.
SO, UM, THESE TWO BUILDINGS BOTH ARE IN THE PROCESS OF BEING RESTORED AFTER FIRE DAMAGE.
UM, AND THE HISTORIC LANDMARK COMMISSION ISSUED A CERTIFICATE OF APPROPRIATENESS FOR THE WORK, UH, BACK IN FEBRUARY OF THIS YEAR.
UM, SOME OF THE WINDOWS WERE REPLACED IMMEDIATELY AFTER THE FIRE, AND THE HISTORIC LANDMARK COMMISSION POSTPONED THIS CASE FOR A MONTH TO ENSURE THAT, UM, THE, UH, THE WORK WAS CONSISTENT WITH THE, UH, THE WINDOWS THAT WERE IN PLACE DURING THE HISTORIC PERIOD.
UM, SO AFTER THEY CONFIRMED THAT THEY WERE ABLE TO, UH, UH, RECOMMEND THIS CASE AND PASS IT ON TO Y'ALL.
OKAY, COMMISSIONER MAXWELL? UH, YEAH, I HAVE A COUPLE QUESTIONS FOR STAFF
UH, SO JUST TO CLARIFY, BECAUSE I SEE WE HAVE TWO ITEMS LISTED HERE, BUT, UM, I'M ALWAYS CURIOUS TO KNOW HOW THE TAX ABATEMENTS AND WHAT WILL, WHAT NOT, WHAT NOT WILL WORK.
THIS IS JUST FOR ONE PROPERTY, EVEN THOUGH IT'S LISTED AS TWO ADDRESSES, IS THAT CORRECT? SO THE NUMBERS WE'RE SEEING HERE ARE THE TOTAL AMOUNT THAT WOULD BE ABATED NOT DOUBLED, IS THAT CORRECT? THAT'S MY UNDERSTANDING, COMMISSIONER.
AND THEN JUST TO SORT OF CLARIFY, OBVIOUSLY YOU ALL DO SOME RICH RESEARCH ON THESE, AND I UNDERSTAND SOME OF THE ISSUES ARE OUTSIDE OF THE PURVIEW, BUT IT SOUNDS LIKE THIS, THIS HAS BEEN A NEIGHBORHOOD CONCERN FOR A WHILE.
IS THAT SOMETHING YOU ALL CONSIDER WHEN YOU LOOK AT NEIGHBORHOOD PRESERVATION CASES OR HOW IS THE SORT OF COMMUNITY FEELING TAKEN INTO ACCOUNT WHEN YOU LOOK AT THESE TYPES OF STRUCTURES? UM, SO OUR STAFF RECOMMENDATION AND OUR LANDMARK COMMISSION, UM, LOOK ONLY WITHIN OUR PURVIEW, WHICH IS IF THE BUILDING MEETS THE DESIGNATION CRITERIA FOR HISTORIC LANDMARKING.
SO, UM, RECENT PAST, UM, HAPPENINGS WITHIN THE NEIGHBORHOOD, UM, THEY DON'T FALL WITHIN, UM, OUR, UH, OUR PURVIEW FOR DECIDING WHETHER OR NOT A BUILDING MEETS THOSE CRITERIA.
AND THEN JUST TO FOLLOW UP ON COMMISSIONER SKIDMORE'S QUESTIONS, THIS SEEMS LIKE A LITTLE BIT, THIS SOUNDS TERRIBLE, BUT LIKE CART HORSE IN THE WRONG WAY BECAUSE I KNOW USUALLY WE COME TO THESE STRUCTURES AND THEY HAVEN'T SEEN REPAIRS AND, AND THIS TIME WE'RE SEEING A LOT OF REPAIRS AND IT'S STILL QUALIFIED.
SO I'M JUST, CAN YOU REALLY WALK US THROUGH THIS? 'CAUSE THIS IS OBVIOUSLY A VERY DIFFERENT CASE THAN WE NORMALLY SEE.
AND THE APPLICANT COMMISSIONER CAN ALSO, UM, KIND OF CLARIFY THE TIMELINE, BUT, UM, I THINK BECAUSE OF THE FIRE DAMAGE, THERE WAS AN IMMINENT NEED TO, UH, GET THINGS REPAIRED, UM, TO KIND OF STAVE OFF CODE VIOLATIONS, UM, PILING UP.
SO I THINK ONCE THEY REALIZED THAT, UH, THAT LIN MARKING WAS AN OPTION, THEN UM, WE WERE ABLE TO GET STARTED ON THE CERTIFICATE OF APPROPRIATENESS AND FINALLY GETTING
[01:35:01]
AROUND TO THE ZONING.AND THEN, UM, ONE FINAL QUESTION REGARDING WHAT HAPPENS NEXT IF WE LENT THIS CASE, MOVES FORWARD TO COUNSEL WITH OUR RECOMMENDATION OR WITHOUT, UH, WHAT IS THE SORT OF, THERE IS A LEVEL THAT THE HOUSING THAT THE, UM, THE PROPERTY WOULD NEED TO BE MAINTAINED AT? IS THAT CORRECT? BECAUSE OBVIOUSLY THIS SOUNDS LIKE THERE'S COMMUNITY CONCERNS ABOUT IT FALLING INTO DISREPAIR AGAIN.
SO I JUST WANTED TO UNDERSTAND WHAT IS THAT STANDARD AND HOW IS THAT ENFORCED? THAT'S CORRECT.
UM, SO IN OUR LAND DEVELOPMENT CODE, UM, WE HAVE A SECTION ENTITLED DUTY TO PRESERVE AND REPAIR, UM, WHICH I QUOTED A LITTLE BIT EARLIER.
UM, BUT BASICALLY IT MANDATES THAT, UM, THE OWNERS OF HISTORIC LANDMARKS ARE CONTRIBUTING BUILDINGS IN HISTORIC DISTRICTS MUST MAINTAIN THEIR PROPERTIES TO A STANDARD.
UM, AND, UM, THERE IS A MORE EXTENSIVE LIST UNDER 25 11, 2 16.
UM, BUT, UM, SINCE THIS IS A, UH, POTENTIAL HISTORIC LANDMARK, UM, IF THIS BUILDING WERE TO BE ZONED, THEN THAT WOULD BE SOMETHING THAT WE WOULD LOOK AT DURING OUR ANNUAL INSPECTIONS.
SO THERE IS AN ANNUAL INSPECTION AND THERE IS RECOURSE FOR COMMUNITY MEMBERS WHO SHOW CONCERNS ABOUT THIS MOVING FORWARD.
AND THAT'S UNDER THE REGULAR, UH, CODE VIOLATION PROCEDURE AS WELL.
UH, THANKS MADAM CHAIR, UH, FOR MR. UH, TAR TRACE TRACE.
UM, THANK YOU FOR WALKING US THROUGH YOUR CONCERNS AND, AND THE HISTORY OF THE PROPERTY.
UH, BUT, BUT ONE THING MS. DAVIS, UH, TESTIFIED AND I, AND YOU, YOU SOMEWHAT TOUCHED ON IT.
IS THAT O ON OR ABOUT OR SOMETIME LATE IN 22, THEY STARTED TAKING ACTION.
DO YOU HAVE, HAVE THINGS IMPROVED? I'M NOT, DON'T TALK, I'M NOT TALKING ABOUT THE DRUG ACTIVITY AND THE FIRES, BUT SAY IN, IN 2023, HAVE THINGS IMPROVED? UH, THANK YOU FOR THE QUESTION.
UH, IMMEDIATELY AFTER THE FIRE, UM, THEY DIDN'T, AND, UH, IN FACT, UH, I OBSERVED NOTHING BEING REPAIRED OR REPLACED.
UM, MANY OF US NEIGHBORS CONTACTED CODE ENFORCEMENT TO TRY TO AT LEAST MAKE SURE THE STRUCTURE WOULDN'T COLLAPSE.
UH, WE RECEIVED NO CONVERSATION UNTIL THE INSPECTOR, UH, UH, FORWARDED TO THE BUILDING COMMISSION.
UH, THAT'S WHEN YOU HEARD, UH, STAFF TESTIFY OR SPEAK THAT THEY HAD AN OPTION TO FIND A HISTORIC, UH, YOU KNOW, DESIGNATION.
UM, AND THAT COMES WITH WHATEVER BENEFITS.
UM, SOME OF THE DRUG ACTIVITY HAS MOVED DOWN, UH, UH, A COUPLE OF HOUSES.
IN FACT, THE UNIVERSITY OF TEXAS PRESIDENT LIVED A HOUSE AWAY AFTER THE FIRE, HE LEFT THE NEIGHBORHOOD.
BUT, AND I GET SO HAVE YOU, HAVE YOU SEEN HIM PRETTY SIMP? HAVE YOU SEEN IMPROVEMENTS? YES OR NO? WE'VE SEEN IMPROVEMENTS TO THE HOME.
TO THE, UH, UH, IT WAS PAUSED.
UH, AND THE BUILDERS SAID THAT THEY WEREN'T BEING PAID.
UH, THAT WAS THEIR QUOTE TO ME.
UH, WE'VE SEEN IT PICK UP AGAIN, UH, IN TERMS OF BUILD, UM, AND THEN WE'VE SEEN ACTIVITY, UH, FOR DRUG ACTIVITY, UH, MOVED DOWN TO A CORNER HOUSE.
BUT NOT ON THE, NOT ON THIS PROPERTY IN COURT.
IT'S DEFENSE IS, UH, TOO HIGH NOW.
YOU, YOU, YOU'VE COME BACK AND, AND I SUSPECT YOUR HUSBAND MAY HAVE BEEN IN THE SERVICE, SO IF SO THANK YOU FOR THE SERVICE.
OH, WELL THANK YOU FOR THAT AS WELL.
UH, BUT, UH, AND, AND ABSOLUTELY THANK YOU FOR MOVING BACK TO TEXAS.
UH, YOU'RE COMMITTED TO THE PROJECT.
YOU'RE WORKING ON IT, YOU'RE GETTING IT.
UM, ARE YOU GONNA LIVE THERE? ABSOLUTELY.
WE'RE WORKING ON GETTING IT STRAIGHT BECAUSE I VOW TO KEEP MY MOTHER'S INSTRUCTIONS.
AS A KID GROWING UP, THIS WA WAS A GIFT TO US.
THIS WAS THE ONLY GENERATIONAL WEALTH THAT MY PARENTS COULD GIVE ME.
THERE WASN'T A BIG PENSION, A BIG INSURANCE POLICY.
AND SHE WANTED TO INSTILL IN US THE IMPORTANCE OF KEEPING IT.
AND WE WANT TO KEEP IT FOR THE NEXT GENERATION AND THE NEXT GENERATION.
WE'D LIKE, IT'S BEEN OVER 80 YEARS IN OUR FAMILY.
AND WE'D LIKE TO KEEP IT ANOTHER 80.
SO IN ORDER TO DO THAT, MR. HAYES? YES, MA'AM.
WE NEED TO LEASE THE, UH, THE HOMES, RENT THEM OUT.
AND MY, THAT PROPERTY, I'M, MY MOTHER WAS, SHE
[01:40:01]
WAS A SINGLE WOMAN COMING FROM CEDAR CREEK, TEXAS TO AUSTIN WITH A HIGH SCHOOL EDUCATION.SHE WENT TO BEAUTY SCHOOL RIGHT THERE ON 11TH STREET.
IT WAS CALLED, I BELIEVE, CRESCENT BEAUTY SCHOOL.
SHE FINISHED, SHE GOT A JOB ON SIXTH STREET AT TRIPLE MIRROR BEAUTY SHOP.
SHE WORKED THERE AND SHE TAUGHT PART-TIME AT CRESCENT BEAUTY SCHOOL.
AND WHEN HER BROTHER-IN-LAW DECIDED HE'S GOING TO CALIFORNIA, SHE PURCHASED THAT LAND, A SINGLE WOMAN WITH A HIGH SCHOOL EDUCATION.
AND SHE RENTED ROOMS BECAUSE IT WAS 12 0 6 3 BEDROOMS, ONE BATH.
SHE HAD TO RENT ROOMS IN ORDER TO LIVE THERE.
SHE SAID IN THE MORNING THEY HAD POST TOASTIES AND MILK, AND AT NIGHT THEY HAD MILK AND POST TOASTIES.
BUT SHE PAID THAT MORTGAGE AND SHE PAID, UH, YOU KNOW, TAXES AND SHE WAS ABLE TO BUILD A LITTLE BEAUTY SHOP ON THE SIDE OF OUR HOUSE.
AND SO SHE RENTED FROM DAY ONE, IT WAS RENTAL PROPERTY.
AND SO YOU PLAN TO CONTINUE TO LEAVE? THAT'S RIGHT, MA'AM.
IT WAS A SOURCE OF PRIDE FOR MY PARENTS.
IT'S A SOURCE OF PRIDE FOR ME.
UM, VICE CHAIR, CHAIR WOULD LIKE TO MAKE A MOTION TO APPROVE STAFF RECOMMENDATION.
IS THERE A SECOND? COMMISSIONER COX IS YOUR SECOND.
WOULD YOU LIKE TO SPEAK TO THAT? SURE.
I CAN, I CAN SPEAK TO THE MOTION MULTIPLE REASONS WHY I THINK THIS MOTION IS IMPORTANT.
ONE, I DO WANT TO, UM, ACKNOWLEDGE, UM, YOU KNOW, THE WORK THAT HAS BEEN DONE ON FIXING THE HOUSE AND BRINGING IT UP TO THE PROPER HISTORICAL STANDARDS.
I APPRECIATE THE WORK BEING DONE WITH THE HISTORIC LANDMARK COMMISSION TO WORK ON THE CERTIFICATE OF APPROPRIATENESS AND MAKE SURE THAT THOSE ARE VERY MUCH ALIGNED WITH THE ORIGINAL DESIGN AND THE WAY THAT THE HOUSE LOOKED.
I WANT TO ACKNOWLEDGE THE CONCERNS RAISED BY THE NEIGHBOR, BUT I ALSO WANT TO SAY THAT ACTUALLY ZONING THE PROPERTY HISTORIC AND HAVING IT FIXED AND HAVING ITS VALUE RAISED WILL ACTUALLY BE PART OF STABILIZING THAT PROPERTY IN THAT NEIGHBORHOOD AND ANY CONCERNS THAT MIGHT COME FROM IT.
UM, AT THE SAME TIME, I WOULD BE REMISS IF I DID NOT SPEAK TO SOMETHING COMMISSIONER COX SPOKE TO EARLIER, WHICH IS, YOU KNOW, OFTEN AS WE'RE LOOKING AT, UM, HISTORIC ZONING AND HISTORIC LANDMARKS IN OUR CITY, IT'S SOMETIMES DIFFICULT TO TRACE, UM, PROPERTY AND LINEAGES AND HISTORY OF PROPERTIES IN EAST AUSTIN, PARTICULARLY FROM BLACK AND BROWN FAMILIES WHO LIVED THERE.
AND HERE WE HAVE AN EXCITING OPPORTUNITY OF A LIVING LEGACY IN FRONT OF US AND FOR FOLKS BEING HERE SPEAKING TO IT.
UM, AND AS I WRAP UP MY COMMENTS, I JUST WANNA READ SOMETHING THAT MS. DAVIS SENT TO US.
AND MS. DAVIS, THANK YOU FOR YOUR COMMENTS AND, UM, FOR YOUR WORK OF, UM, YOU KNOW, SENDING THIS TO US AND MAKING SURE THAT WE HAD THIS INFORMATION.
MY PARENTS, ELMER AND ETHEL MCDONALD JACKSON DADDY AND MAMA WERE GRANDCHILDREN OF ENSLAVED AFRICAN AMERICANS.
THEY ROSE ABOVE THE DISTINCTION TO BECOME ENTREPRENEURS AND HO HOMEOWNERS.
DESPITE ENCOUNTERING MANY OBSTACLES, THEY WERE ABLE TO ACHIEVE HOME OWNERSHIP IN THE HISTORIC ROBERTSON HILL NEIGHBORHOOD, ENRICHED THE EAST AUSTIN COMMUNITY AS SELF-SUFFICIENT INDEPENDENT BUSINESS OWNERS, AND TO DO SO IN AND FROM THEIR HOME AT 1206 EAST 13TH STREET.
AND I THINK THIS TESTIMONY ALONE IS ENOUGH FOR US TO CONSIDER THIS, UH, PROPERTY AS HISTORIC AND TO GIVE IT THE STATUS THAT IT DESERVES IN OUR COMMUNITY.
ANYBODY SPEAKING AGAINST THE MOTION FOR COMMISSIONER COX? UH, VICE CHAIR CZAR SENT IT OR SAID IT WAY BETTER AND WAY FASTER THAN I CAN.
UM, BUT, UM, IT'S VERY RARE THAT ZONING CASES GIVE ME WARM AND FUZZIES INSIDE AND, AND THIS ONE DID.
UM, PARTICULARLY LEARNING THE HISTORY AND UNDERSTANDING THAT THIS IS OWNER INITIATED, THE OWNER IS THE DESCENDANT, UM, FROM, FROM THE ORIGINAL OWNERS, UH, DECADES AND DECADES AND DECADES AGO.
AND I THINK IT IS ENORMOUSLY COMMENDABLE, UH, FOR THIS OWNER TO, TO WANT TO, TO HONOR, UH, THEIR PARENTS' WISHES OR THEIR GRANDPARENTS' WISHES, UM, UH, AND, AND MAINTAIN THIS PROPERTY AND KEEP IT IN THE FAMILY.
UM, OBVIOUSLY THE, THE CONCERNS OF THE NEIGHBORS, UM, WAS, WAS CONCERNING TO ME AS WELL, BUT IT ACTUALLY, I THINK, POSSIBLY HAD THE OPPOSITE EFFECT OF WHAT, UM, THE INTENT WAS.
BY HOLDING THIS PROPERTY TO A HIGHER STANDARD, TO A, TO A HISTORIC ZONING STANDARD, THERE'S ACTUALLY NOW EVEN MORE INCENTIVE FOR THE PROPERTY OWNER TO MAKE SURE THAT IT'S, IT'S WELL KEPT AND CARED FOR AND, AND MEETS
[01:45:01]
ALL OF THE REQUIREMENTS OF OUR HISTORIC ZONING.BECAUSE IF THEY DON'T DO THAT, THAN THEY ACTUALLY LOSE THE FINANCIAL INCENTIVE OF HISTORIC ZONING.
SO I THINK BY MOVING THIS FORWARD WITH A POSITIVE RECOMMENDATION, HOPING COUNCIL, UH, AGREES WITH STAFF'S RECOMMENDATION, UM, THAT, THAT THIS WILL NOT ONLY MAINTAIN SOME OF OUR EAST SIDE HISTORY, BUT ALSO HELP TO RESOLVE SOME OF THESE LONGSTANDING ISSUES THAT THE, UH, THAT THE COMMUNITY HAS HAD AROUND THIS PROPERTY.
ANY OTHER COMMISSIONERS SPEAKING FOR OR AGAINST? OKAY.
LET'S GO AHEAD AND TAKE A VOTE ON THIS.
UM, UNLESS THERE'S OPPOSITION, THIS MOTION PASSES.
LET'S MOVE ON TO ITEM NUMBER 25.
[25. Briefing regarding the Public Information Act including point of when a document is considered public information, confidential, draft, and work product. Presenter: Neal Falgoust (512) 974-2154 | neal.falgoust@austintexas.gov, Law Department. (Sponsors: Commissioners Cox, Mushtaler and Phillips)]
THAT'S RIGHT.SO WE ARE DONE WITH OUR PUBLIC HEARINGS.
WE'RE GONNA MOVE ON TO OUR BRIEFING ABOUT THE PUBLIC INFORMATION ACT.
DO YOU HAVE MR. FARGOS HERE? GOOD EVENING COMMISSIONERS.
HOW ARE Y'ALL? DOING WELL, THANK YOU.
UM, I PREPARED A, UH, BRIEF PRESENTATION ON, UH, THE TOPICS THAT I UNDERSTAND YOU ALL WANTED TO HEAR ABOUT.
I'M THE DIVISION CHIEF OF THE OPEN GOVERNMENT DIVISION AND THE LAW DEPARTMENT.
AND I OVERSEE OUR ATTORNEYS WHO PRACTICE IN THE PUBLIC INFORMATION ACT AREA AND ALSO THE OPEN MEETINGS AREA.
SO MY UNDERSTANDING OF, UH, THE BRIEFING THAT YOU ALL REQUESTED TONIGHT IS, UH, EXACTLY WHAT IS THE MEANING OF PUBLIC INFORMATION, UH, WHAT SORT OF WORK PRODUCT PRIVILEGES, UH, APPLY TO DRAFT DOCUMENTS, AND THEN ALSO AN UPDATE ON THE AUDIT THAT THE AUDITOR'S OFFICE CONDUCTED ON OUR PUBLIC INFORMATION PROCESS.
SO, IN PLAIN ENGLISH, UH, THE PUBLIC INFORMATION ACT SIMPLY REQUIRES THE CITY TO DISCLOSE ANY, UH, OFFICIAL INFORMATION THAT'S HELD BY THE CITY UNLESS WE RECEIVE PERMISSION FROM THE ATTORNEY GENERAL'S OFFICE TO WITHHOLD THAT, UH, INFORMATION AND PERMISSION CAN COME IN, UH, SEVERAL DIFFERENT WAYS.
IT CAN BE SPECIFICALLY LAID OUT IN A STATUTE THAT SAYS YOU CAN WITHHOLD THIS INFORMATION WITHOUT A RULING FROM THE ATTORNEY GENERAL'S OFFICE.
IT CAN INCLUDE US SEEKING A RULING FROM THE ATTORNEY GENERAL'S OFFICE ON SPECIFIC INFORMATION, OR IT CAN BE A OPINION THAT THE ATTORNEY GENERAL'S OFFICE HAS ISSUED IN THE PAST THAT SPECIFICALLY APPLIES TO THAT INFORMATION.
UH, WHAT EXACTLY IS PUBLIC INFORMATION? UH, BACK IN THE 1970S WHEN, UH, THE PUBLIC INFORMATION ACT WAS DRAFTED, IT WAS LIKE PAPER AND PAPER FILES AND FILE CABINETS.
UM, NOW, UH, THERE'S VERY LITTLE PAPER AND PAPER FILE CABINETS, UH, BUT IT DOES INCLUDE EVERYTHING LIKE EMAILS, UM, BASICALLY ANY INFORMATION THAT IS CREATED FOR OFFICIAL PUBLIC PURPOSE AND ANYWHERE THAT IT IS STORED.
SO EVEN IF IT IS STORED ON MY PERSONAL CELL PHONE, UM, IF I TEXT, UH, ONE OF MY COWORKERS ABOUT SOME OFFICIAL BUSINESS, UH, THAT TEXT MESSAGE IS CONSIDERED PUBLIC INFORMATION, EVEN THOUGH IT IS STORED ON MY PERSONAL CELL PHONE.
UM, AGAIN, IT APPLIES TO INFORMATION HELD IN ANY FORM, NOT JUST PAPER.
SO ELECTRONIC INFORMATION IN EMAILS AND DATABASES, MAPS, DRAWINGS, UM, AGAIN, INTERNET POSTINGS, UH, TEXT MESSAGES, INSTAGRAM MESSAGES, GOOGLE CHATS, FACEBOOK, TWITTER, INSTAGRAM, ALL THAT STUFF IS, UH, COVERED BY THE PUBLIC INFORMATION ACT.
THERE ARE LITERALLY HUNDREDS OF REASONS THAT, UH, A GOVERNMENTAL BODY CAN WITHHOLD, UH, INFORMATION FROM PUBLIC DISCLOSURE.
UH, I'M GONNA GO OVER JUST A FEW OF THEM HERE.
UM, THE ONES THAT I THINK ARE OF INTEREST TO YOU ALL WOULD BE, UH, 5 5 2 0.106, WHICH IS DRAFTS OF PROPOSED ORDINANCES AND RESOLUTIONS.
UH, 5 5 2 0.107, WHICH APPLIES TO THE ATTORNEY-CLIENT PRIVILEGE.
AND 5 5 2 0.11, WHICH, UH, RELATES TO OPINIONS CONCERNING POLICY MAKING.
AND ALL OF THESE, EXCUSE ME, ALL OF THESE EXCEPTIONS ARE FOUND IN CHAPTER 5 5 2 OF THE GOVERNMENT CODE.
AND SO THAT'S WHY EACH OF THESE SECTIONS AND PROVISIONS STARTS WITH 5, 5 2.
[01:50:01]
UH, THESE ARE A FEW MORE EXCEPTIONS FOR LITTLE DISCREET PIECES OF INFORMATION.UM, SO LIKE, UH, EMPLOYEE HOME ADDRESSES AND HOME TELEPHONE NUMBERS, UH, DRIVER'S LICENSE INFORMATION, LICENSE PLATE NUMBERS, BANK ACCOUNT NUMBERS, PERSONAL EMAIL ADDRESSES, AND SOCIAL SECURITY NUMBERS.
UM, I BELIEVE THE EXCEPTION THAT YOU ALL WERE INTERESTED IN LEARNING MORE ABOUT WAS SECTION 5 5 2 0.11.
AND THIS FIRST BULLET POINT IS THE EXACT LANGUAGE OF THE STATUTE.
IT SAYS, AN INTER-AGENCY OR INTRA-AGENCY MEMORANDUM OR LETTER THAT WOULD NOT BE AVAILABLE BY LAW TO A PARTY IN LITIGATION WITH THE AGENCY IS ACCEPTED FROM THE REQUIREMENTS OF PUBLIC DISCLOSURE.
WHAT EXACTLY DOES THAT MEAN,
THE FIRST IS, UH, WHAT WE CALL THE WORK PRODUCT PRIVILEGE.
UM, AND THE SECOND IS THE DELIBERATIVE PROCESS PRIVILEGE.
SO THE WORK PRODUCT PRIVILEGE PROTECTS INFORMATION THAT'S PREPARED BY AN ATTORNEY IN THE COURSE OF LITIGATION.
AND THIS IS DIFFERENT FROM THE ATTORNEY-CLIENT PRIVILEGE BECAUSE FOR THE ATTORNEY-CLIENT PRIVILEGE TO APPLY, THERE DOESN'T NECESSARILY HAVE TO BE PENDING LITIGATION.
JUST AN EXCHANGE OF INFORMATION RELATED TO PROVIDING LEGAL SERVICES IS ENOUGH TO ASSERT THE ATTORNEY-CLIENT PRIVILEGE.
FOR THE WORK PRODUCT PRIVILEGE, THERE HAS TO BE ACTUAL LITIGATION THAT IS ONGOING OR CONTEMPLATED.
UH, THE SECOND PRIVILEGE UNDER ONE 11 IS THE DELIBERATIVE PROCESS PRIVILEGE.
AND THIS IS, UH, SPELLED OUT IN DETAIL IN A CASE CALLED THE CITY OF GARLAND.
AND THAT PRIVILEGE PROTECTS ADVICE, RECOMMENDATIONS, AND OPINIONS THAT REFLECT THE POLICY MAKING PROCESS.
SO LET'S SAY, UM, A MEMBER OF STAFF IS OPINING ON THE EFFECTS OF SOME POLICY THAT CITY COUNCIL WANTS TO IMPLEMENT.
AND THAT PERSON SAYS, I THINK DOT, DOT, DOT, DOT, THAT PORTION WHERE THE PERSON PROVIDES THEIR OPINION, UH, WOULD BE ACCEPTED FROM PUBLIC DISCLOSURE.
IF THEY SAY, I RECOMMEND THE FOLLOWING ACTION, THAT PORTION WOULD ALSO BE ACCEPTED.
UM, IT HAS TO BE RELATED TO BROAD POLICYMAKING MATTERS AND CAN'T BE, UM, ONLY AFFECTING ONE VERY SMALL DECISION RELATED TO A PERSONNEL MATTER.
NOW, DRAFTS OF THESE DOCUMENTS, SO LET'S SAY A MEMO, A MEMO IN DRAFT FORM RELATED TO A BROAD POLICY MAKING MATTER, THAT DRAFT CAN BE WITHHELD IN ITS ENTIRETY.
UM, IF IN THE FUTURE THE DRAFT OF THAT MEMO, THE FINAL VERSION OF THAT MEMO WILL BE RELEASED TO THE PUBLIC.
SO, UM, AS A COMMISSIONER, WHAT ARE, UH, YOUR ROLES IN TERMS OF COMPLYING WITH THE PUBLIC INFORMATION ACT? UM, WE DO REQUEST THAT YOU USE YOUR CITY ISSUED EMAIL ADDRESSES TO CONDUCT OFFICIAL CITY BUSINESS, AND THIS WILL WILL JUST KEEP YOU IN COMPLIANCE WITH, UH, CITY PRACTICES AND PERSONNEL PRACTICES.
UM, IF YOU DO USE A PERSONAL DEVICE FOR TEXT MESSAGING, UM, WE, UH, ASK THAT YOU RETAIN THOSE TEXT MESSAGES FOR THE APPROPRIATE, UM, RETENTION PERIOD IN ACCORDANCE WITH THE DEPARTMENT'S RETENTION POLICIES.
AND THEN IF YOU'RE ASKED BY, UH, STAFF TO SEARCH YOUR EMAILS OR SEARCH YOUR TEXT MESSAGES, WE ASK THAT YOU DO THAT IN A TIMELY MANNER SO THAT WE CAN TIMELY REQUEST, UH, A RULING FROM THE ATTORNEY GENERAL'S OFFICE IF WE NEED TO DO THAT.
OUR DEADLINE IS, UH, 10 BUSINESS DAYS FROM THE DATE THAT WE RECEIVED THE REQUEST.
UH, SO THAT'S TWO WEEKS ON THE CALENDAR.
UM, MOST IMPORTANTLY, IF YOU HAVE ANY QUESTIONS OR CONCERNS, PLEASE REACH OUT TO US EARLY AND, UH, DON'T WAIT TILL THE LAST MINUTE BECAUSE, UM, THERE'S LITTLE WE CAN DO AS WE GET LATER ON IN THE PROCESS TO BE ABLE TO HELP YOU.
WE'RE MOST ABLE TO HELP YOU EARLY ON IN THE PROCESS.
UH, THE LAW DEPARTMENT'S ROLE, WE HAVE TWO FUNCTIONS IN THE LAW DEPARTMENT THAT, UM, PROVIDE ASSISTANCE TO CITY EMPLOYEES RELATED TO THE PUBLIC INFORMATION ACT.
THE FIRST IS A TEAM, UH, THAT RUNS THE DATABASE, UH, THAT PROCESSES THAT IS USED TO PROCESS ALL THE PUBLIC INFORMATION REQUESTS.
UH, WE RECEIVE THOUSANDS AND THOUSANDS OF REQUESTS EACH YEAR, AND, UH, THAT TEAM MAKES SURE THAT ALL THOSE, UH, REQUESTS GET A RESPONSE.
AND THEN WE HAVE, UH, TWO ATTORNEYS AND
[01:55:01]
A PARALEGAL THAT WORK IN MY DIVISION WHO PROVIDE, UH, LEGAL COUNSEL TO, UH, STAFF AND COMMISSIONERS AND PREPARE ALL OF THOSE AG RULING REQUESTS.THE AUDITOR'S OFFICE DID CONDUCT AN AUDIT OF THE PUBLIC INFORMATION, UH, PROCESS LAST AUGUST, AND THEY CAME OUT WITH FOUR RECOMMENDATIONS THAT YOU SEE HERE.
UH, ENSURE DEPARTMENTS HAVE ADEQUATE RESOURCES TO COMPLY WITH THE LAW, CENTRALIZED MANAGEMENT OF ALL REQUESTS TO ENSURE CONSISTENCY, DEVELOPED STANDARD OPERATING PROCEDURES, AND TRAIN STAFF AND IMPROVE COMMUNICATIONS AND FEEDBACK.
UM, AS OF ABOUT TWO HOURS AGO WHEN I CHECKED THE AUDITOR'S DASHBOARD, ALL OF THESE, UH, RECOMMENDATIONS WERE IN PROGRESS.
SO THOSE ARE ALL BEING WORKED ON.
I AM HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
IS THERE, I'LL OPEN IT UP FOR QUESTIONS.
AND CAN WE TAKE THE PRESENTATION DOWN SO WE CAN SEE OUR VIRTUAL COMMISSIONERS? THANK YOU.
UM, COMMISSIONERS, I THINK THE SPONSORS OF THIS ITEM ARE COMMISSIONERS, COX, MOALA AND PHILLIPS.
UM, DID YOU HAVE ANY BACKGROUND ABOUT THE, THE BRIEFING THAT YOU WANTED TO PROVIDE? SORRY, WAS THAT DIRECTED TO ME? WELL, I, I JUST NOTED THAT, UM, WE HAD THREE CO-SPONSORS ON THIS, AND I JUST WANTED TO OFFER, UM, IF YOU WANTED TO SAY ANY WORDS ABOUT THE, THE BRIEFING BEFORE WE OPEN UP FOR QUESTIONS.
I, I'M NOT ENTIRELY SURE IF THAT WAS KIND OF WHAT WE WERE TARGETING, UM, WHAT WAS DISCUSSED, BUT, BUT, UH, I'LL LET COMMISSIONER PHILLIPS CHIME IN IF SHE WANTS.
WELL, WE'LL OPEN IT UP FOR QUESTIONS.
CHAIR COMMISSIONER LAYS ON ANDREW RIVERA IN THE CAPACITY OF EXOFFICIO.
IF I COULD HAVE FIVE MINUTES TO YES.
SO I HEARD SOME OF THE THINGS ALONG THE WAY, UM, AND I JUST WANNA MAKE SURE I'M INTERPRETING, UH, PUBLIC DOCUMENTS CORRECTLY.
SO I'M GONNA UTILIZE THIS A MEMORANDUM.
UM, JUST, UH, IF WE COULD GET DOWN TO THE WEEDS A LITTLE, UH, THIS MEMO AND MR.
SO, UH, YEAH, DON'T, UH, YOU'RE NOT ON THE SPOT, UH, PROVIDE YOU A COPY.
THIS MEMO, CONTENT AND INFORMATION PRESENTED IN THE MEMO PRIOR TO IT BEING POSTED TO THE PC WEBPAGE.
WOULD IT BE CONSIDERED CONFIDENTIAL? I'M NOT ABLE TO, UH, COMMENT ON ANY SPECIFIC, UH, DOCUMENTS TONIGHT.
SO THE MEMO ONLY SPEAKS TO STAFF NOT BEING AVAILABLE TO PRESENT A BRIEFING.
WOULD THAT IN ANY FORM BE, UM, UH, CONFIDENTIAL INFORMATION? UH, LIKE I SAID, I'M NOT ABLE TO COMMENT ON THE SPECIFICS OF ANY SPECIFIC DOCUMENTS.
UH, I WAS JUST HANDED THIS LIKE 20 MINUTES AGO, SO I DON'T KNOW WHERE THIS CAME FROM.
I, I AM JUST NOT ABLE TO COMMENT ON THIS MEMO.
SO A BRIEF, A MEMORANDUM THAT'S PROVIDED TO THE PLANNING COMMISSION, DOES IT REQUIRE IT TO BE PUBLISHED ONLINE FOR IT TO BE CONSIDERED A PUBLIC DOCUMENT? CAN YOU SO REPHRASE THAT.
OUR BACKUP INFORMATION OR STAFF REPORTS, THE, THE POSTING IT ONLINE IS A COURTESY, CORRECT? IT'S NOT A REQUIREMENT OF 5 52.
UH, CHAPTER 5 5 2 OF THE GOVERNMENT CODE DOESN'T SAY ANYTHING ABOUT POSTING DOCUMENTS ONLINE.
AND IF IT'S NOT POSTED, UM, THAT DOESN'T, UM, MAKE IT, UH, CONFIDENTIAL.
IT'S THE CONTENT OF THE MEMORANDUM THAT MAKES IT CONFIDENTIAL, CORRECT? CORRECT.
YES, WE, WELL, YES, THE CONTENT OF THE MEMORANDUM IT, IF IT'S POSTED ONLINE, IF, IF A CONFIDENTIAL MEMORANDUM IS POSTED ONLINE, THAT WOULD POSE SOME OTHER CONCERNS FOR US.
BUT, UM, WE LOOK AT THE CONTENT OF A MEMO.
AND PROVIDING THIS MEMORANDUM TO THE PUBLIC NOT NECESSARILY POSTED ONLINE, THAT WOULDN'T CONSTITUTE A SPECIAL EXCEPTION TO THE, UM, TO THE CITIZEN? WELL, AGAIN, I'M NOT ABLE TO COMMENT ON THE SPECIFICS OF THIS MEMO.
WELL, I JUST MEAN LIKE, IF WE HAVE A STAFF REPORT, UM, THAT'S PART OF THE BACKUP AND PROVIDING IT TO THE PUBLIC THAT'S NOT PUBLISHED ONLINE, THAT, UM, ISN'T IT A, UH, A SPECIAL EXCEPTION TO
[02:00:01]
5 5 2? WELL, EXCEPTIONS UNDER CHAPTER 5 5 2 ARE EXCEPTIONS TO DISCLOSURE.SO I WANNA BE CLEAR ABOUT THAT.
POSTING SOMETHING ONLINE IS CONSIDERED A DISCLOSURE TO THE PUBLIC.
THE, GOING BACK TO THE CONTENT, AND I UNDERSTAND YOU CAN'T STATE BY THIS MEMORANDUM ITSELF, BUT GENERALLY IF IT'S NOT UNDER, IF IT'S NOT AN ACCEPTED CATEGORY UNDER 5 5 2, IT WOULDN'T DEEM IT CONFIDENTIAL.
I WANNA MAKE SURE I'M UNDERSTANDING WHAT YOUR QUESTION IS.
SO, 5 5 2 PROVIDES ACCEPTED INFORMATION AND THAT DEEMS IT CONFIDENTIAL OR ALLOWED TO BE WITHHELD THIS MEMORANDUM BEARING THE, UH, SIGNATURE OF OFFICIAL WAS OBVIOUSLY IN ITS FINAL FORM.
AND, UM, SO IN NO WAY WOULD IT BE DEEMED CONFIDENTIAL? WELL, AGAIN, I'M NOT GONNA SPEAK TO THE, TO ANYTHING RELATED TO THIS PARTICULAR MEMO.
SO ONLY INFORMATION IN 5 5 2 THAT IS ACCEPTED WOULD BE DEEMED CONFIDENTIAL? CORRECT.
SO THERE'S A DIFFERENCE IN CHAPTER 5 5 2 OF SOMETHING THAT IS CONFIDENTIAL AND SOMETHING THAT CAN BE WITHHELD.
UM, CONFIDENTIALITY MEANS THAT IT MUST BE WITHHELD AND THERE ARE LEGAL CONSEQUENCES THAT GO ALONG WITH THAT.
AND THERE ARE OTHER EXCEPTIONS TO DISCLOSURE THAT ARE WHAT WE CALL DISCRETIONARY.
THAT INFORMATION IS NOT TECHNICALLY LEGALLY CONFIDENTIAL, BUT IS COLLOQUIALLY REFERRED TO AS CONFIDENTIAL BECAUSE IT CAN GENERALLY BE WITHHELD A MEMO OF EVIDENCE.
I DON'T KNOW WHAT, HOW THAT RELATES TO THIS PARTICULAR MEMO THOUGH.
MA MERAN MEMORANDUM STATING THAT, UM, THE STAFF IS NOT COMING TO A MEETING, UH, THAT WOULDN'T CONSTITUTE, UM, UH, WORK PRODUCT OR WORK PRODUCT PRO UH, PROJECT.
I'M NOT GOING TO BE ABLE TO ANSWER ANY HYPOTHETICAL QUESTIONS.
WELL, IT DOESN'T IN, IN INCLUDE ANY INFORMATION THAT'S, UH, INVOLVED WITH LITIGATION.
AGAIN, I'M NOT GONNA BE ABLE TO ANSWER ANY HYPOTHETICAL QUESTIONS ABOUT DOCUMENTS.
UM, MR. RIVERA, I KNOW OUR TIME ISN'T RUNNING, SO I JUST WANTED TO MAKE SURE THAT WE HAVE, UM, OPEN IT UP FOR OTHER COMMISSIONERS WHO MIGHT HAVE QUESTIONS.
SO YOU'RE A DIVISION CHIEF, RIGHT? YES.
AND YOU CAN'T LOOK AT THIS AND GIVE US AN ANSWER.
HOW ARE WE SUPPOSED TO DO IT? HOW CAN YOU REASONABLY ASK US TO GLANCE THROUGH DOCUMENT KNOW WHETHER OR NOT WE'RE SUPPOSED TO KEEP IT CONFIDENTIAL OR NOT CONFIDENTIAL? DO WE SAVE IT OR CAN WE TOSS IT? IT SEEMS UNREALISTIC.
UM, WELL, I WOULD EXPECT THAT ANYBODY HAS A, WHO HAS A QUESTION ABOUT WHETHER SOMETHING SHOULD BE WITHHELD OR NOT WOULD REACH OUT TO THE LAW DEPARTMENT AND WE WOULD TAKE THE TIME TO REVIEW THAT.
SHOULD THAT BE THE DEFAULT GO-TO THEN JUST RUN EVERYTHING TO Y'ALL FIRST WE'RE WE ARE AVAILABLE TO ANSWER QUESTIONS RELATED TO WHAT SHOULD BE DISCLOSED OR WITHHELD.
UM, UH, JUST LOOKING AT MR. ALGO, THANK YOU FOR BEING HERE.
I WAS LOOKING AT THE STATUTES AND SORT OF THE THINGS THAT ARE REQUIRED, UM, AND I DIDN'T SEE ANYTHING RELATED.
IS INFORMATION REGARDING SOMEONE'S RACE OR GENDER OR SEXUAL ORIENTATION, IS THAT SUBJECT TO, CAN THAT BE WITHHELD OR IS THAT SOMETHING THAT ATTORNEY GENERAL ASKS US? AGAIN, THAT WOULD REALLY DEPEND UPON THE CONTEXT OF THE SITUATION.
UM, THERE ARE SOME DOCUMENTS THAT ARE RELATED TO DEMOGRAPHICS THAT ARE CONFIDENTIAL, LIKE BIRTH RECORDS AND DEATH RECORDS.
UM, BUT IT WOULD JUST REALLY DEPEND UPON THE CONTEXT.
AND SO JUST FOR, OH, I DON'T KNOW, LIKE IF THERE WAS A PROGRAM THAT THE CITY HAD AND WE COLLECTED DEMOGRAPHIC INFORMATION, AS LONG AS WE REMOVE SOMEONE'S, I GUESS, DATE OF BIRTH AND NAME, UM, A PERSON'S DATE OF BIRTH, UM, IS CONFIDENTIAL AND THAT IS, THAT'S ONE OF THE ONES THAT WE MUST WITHHOLD.
[02:05:01]
DON'T NEED TO GO TO THE ATTORNEY GENERAL FOR THAT.WE CAN REDACT THAT ON OUR OWN.
BUT IT SOUNDS LIKE NAME AND DEMOGRAPHIC INFORMATION IS, CAN LARGELY BE DISCLOSED DEPENDING ON THE SITUATION ITSELF, DEPENDING ON THE SITUATION.
THERE ARE SOME FOLKS WHO UNDER THE STATUTE TO RECEIVE MORE PROTECTION SUCH AS JUDGES AND, UM, DISTRICT ATTORNEYS AND POLICE OFFICERS AND MILITARY PERSONNEL, UM, THAN OTHER PEOPLE.
NO, AND, AND THE REASON I BRING IT UP IS, I KNOW YOU'VE HEARD THIS BEFORE AS WELL, OFTEN COMES UP, WE HAVE A LOT OF, UM, COMMISSIONS AND COMMUNITY MEMBERS WHO WOULD LIKE US TO COLLECT DEMOGRAPHIC INFORMATION ON SERVICE REP RECIPIENTS OF THE CITY, JUST SO WE KNOW WHO WE ARE SERVING AS A CITY.
AND, AND I KNOW THAT THIS BECOMES A CHALLENGE.
UM, ANOTHER THING I JUST WANNA CLARIFY THIS, I HOPE I DID NOT MISUNDERSTAND.
I THINK YOU WERE SAYING WHERE SOMEBODY'S LIKE BINDING ON ON A POLICY.
I THINK YOU SORT OF SAID LIKE, I, IF SOMEBODY'S LIKE, I THINK THAT THIS IS MM-HMM,
SO IT'S NOT CONFIDENTIAL IN THE LEGAL SENSE, UM, BUT IT IS SOMETHING THAT IF WE CHOOSE TO WITHHOLD IT, THEN IT'S SOMETHING THEN WE THAT WE CAN WITHHOLD.
AND, AND I, AND I KNOW YOU, YOU MENTIONED THAT IN CONTEXT OF STAFF, DOES THAT APPLY TO COMMISSIONERS AS WELL? YES.
AND SO AS LONG AS IT'S A BROAD POLICY, AS LONG AS IT RELATES TO A BROAD POLICY MAKING MATTER, UM, SO IT MIGHT NOT RELATE, IT MIGHT NOT APPLY IN THE CASE OF A SPECIFIC ZONING CASE, BUT IN AN OVERALL DISCUSSION OF BROAD POLICY MAKING, UM, THEN THAT WOULD BE SOMETHING THAT WE COULD LOOK AT.
AND I, I, THE REASON I ASKED FOR THE CLARIFICATION IS I'LL BE HONEST, I NEVER KNEW THAT.
AND TO BE CLEAR, THAT'S SOMETHING THAT WE WOULD HAVE TO SEND TO THE ATTORNEY GENERAL'S OFFICE.
SO, UM, THEY WOULD THEN LOOK AT IT AND DETERMINE IT IN THEIR OPINION IF IT COULD BE WITHHELD.
UM, AND IF I STILL HAVE A LITTLE BIT OF TIME, LIKE, UM, I GUESS I WAS, UM, THERE WAS SOMETHING ELSE, AND THIS IS I GUESS RELATED TO JUST GENERAL LAW, BUT IT SOUNDS LIKE I THINK YOU MENTIONED, RIGHT, IF THERE'S VERSIONS OF A POLICY OR SOMETHING, THEN THE FINAL VERSION, AS LONG AS IT'S POSTED, YOU DON'T HAVE TO RELEASE ALL THE VERSIONS.
UM, WHEN IT COMES TO LIKE A MEMO RELATED TO POLICY, UM, WHILE THAT POLICY OR MEMO IS UNDER DEVELOPMENT, YOU CAN WITHHOLD ALL THOSE DRAFTS AS LONG AS THE FINAL VERSION IS GOING TO BE RELEASED TO THE PUBLIC.
AND SO IF THE FINAL VERSION DOES NOT GET RELEASED, THEN IT BECOMES A PUBLIC DOCUMENT.
UM, SO IF THE FINAL VERSION IS NOT GOING TO BE RELEASED, THEN YOU CAN'T WITHHOLD THE DRAFTS OF THAT DOCUMENT.
AND WE HAVE TO TELL THE ATTORNEY GENERAL'S OFFICE WHEN WE WRITE TO THEM, WE ARE SEEKING TO WITHHOLD THESE DRAFTS.
AND THE FINAL VERSION OF THIS MEMO EITHER HAS BEEN OR WILL BE RELEASED TO THE PUBLIC.
MM-HMM,
MR. MAXWELL, DID I SEE YOUR HAND UP EARLIER? OKAY.
OTHER COMMISSIONERS WITH A QUESTION.
COMMISSIONER COX? UH, I GUESS I'M A LITTLE CONFUSED.
UM, I DON'T KNOW IF THE TERM DUTY OF CARE APPLIES TO THIS.
I'M TRYING TO FIND THE RIGHT TERM, BUT IS ALL OF THIS STUFF THAT WE'RE TALKING ABOUT ONLY APPLICABLE WHEN SOMEONE ACTUALLY FILES A A PUBLIC INFORMATION REQUEST? OR DO WE HAVE SOME SORT OF DUTY AS COMMISSIONERS TO MAKE SOME SORT OF REASON DECISION OF WHAT IS OR ISN'T PUBLIC INFORMATION WHEN IT'S SHARED WITH US? WHEN IT'S SHARED, WHEN IT'S PROVIDED TO US BY STAFF? WELL, ANYTHING PROVIDED TO YOU BY STAFF OR PROVIDED TO YOU BY THE PUBLIC IN RELATION TO YOUR JOB AS COMMISSIONERS IS CONSIDERED PUBLIC INFORMATION.
NOW, NOT ALL PUBLIC INFORMATION HAS TO BE RELEASED TO THE PUBLIC.
THOSE EXCEPTIONS TO DISCLOSURE THAT I WAS NOTING ON THOSE SLIDES ARE REASONS THAT ALLOW US TO WITHHOLD PUBLIC INFORMATION FROM THE PUBLIC AND PUBLIC INFORMATION AS I'M SPEAKING ABOUT IT, IS A LEGAL TERM DEFINED IN THE PUBLIC INFORMATION ACT.
BUT WHAT I'M CONFUSED ABOUT IS WHOSE, WHOSE DUTY IS IT TO WITHHOLD PUBLIC INFORMATION? WHOSE DUTY IS IT TO MAKE THAT DETERMINATION? IF, IF WE ARE PROVIDED INFORMATION, WE CAN REASONABLY ASSUME THAT IT CAN BE SHARED WITH THE PUBLIC, RIGHT?
[02:10:03]
SO THE PUBLIC IN THE, THE EXCEPTIONS TO DISCLOSURE THAT I WAS TALKING ABOUT ARE ONLY TRIGGERED IN THE INSTANCE WHERE SOMEONE MAKES A PUBLIC INFORMATION REQUEST.NOW, I THINK YOUR QUESTION IS, IF STAFF GIVES US SOMETHING, CAN WE THEN TURN AROUND AND DISTRIBUTE IT? IS THAT YOUR QUESTION? EVEN IF THERE IS NO PUBLIC INFORMATION REQUEST? YEAH, I MEAN, WE'RE TALKING ABOUT YOUR LIST OF EXCEPTIONS INCLUDE OPINIONS RELATED TO POLICY MAKING, DRAFTS OF PROPOSED ORDINANCES.
UM, WE ACTUALLY HAVE TALKED ABOUT PENDING LITIGATION ON THE DI BEFORE, ALTHOUGH WE'RE NOT PRIVY TO THE THINGS THAT I THINK THAT REFERENCES.
UM, SO I'M JUST MAKING SURE THAT WE DON'T HAVE ANY SORT OF DUTY AS COMMISSIONERS TO MAKE A REASON DETERMINATION THAT THE INFORMATION PROVIDED TO US SHOULD BE WITHHELD FROM THE PUBLIC.
UH, MY ASSUMPTION IS THAT ANYTHING PROVIDED TO US, UNLESS IT SAYS CLIENT ATTORNEY PRIVILEGE, I CAN SHARE WITH PUBLIC.
SO, UM, SO THE LEGAL STANDARD UNDER THE LAW, UNDER THE PUBLIC INFORMATION ACT SAYS THAT LIABILITY DOES NOT ATTACH TO THE SITUATION UNLESS YOU KNOWINGLY DISCLOSE SOMETHING THAT IS CONFIDENTIAL AND CON BY CONFIDENTIAL, I MEAN MUST BE WITHHELD.
SO LIKE PERSONAL EMAIL ADDRESSES, UM, OR RATHER, I'M SORRY, PRIVATE EMAIL ADDRESSES.
SO THOSE THAT ARE NOT A GOVERNMENTAL EMAIL ADDRESS, UM, IF YOU KNOWINGLY DISCLOSE SOMEONE AN EMAIL THAT WAS SENT TO YOU BY A MEMBER OF THE PUBLIC AND THAT DOCUMENT HAS THEIR EMAIL ADDRESS ON IT, AND YOU KNOW THAT THAT EMAIL ADDRESS IS CONFIDENTIAL, THEN THERE COULD BE LEGAL LIABILITY THERE IF YOU ACCIDENTALLY DO IT.
THAT DOES NOT RAISE TO THE LEVEL OF KNOWINGLY DOING SOMETHING.
BUT THAT'S THE LEGAL, I DON'T KNOW IF I'M OUT OF TIME, BUT, BUT THAT'S THE LEGAL DEFINITION.
WHAT IS THE CITY'S POLICY RELATED TO COMMISSIONERS AND PUBLIC INFORMATION IN TERMS OF SHARING SOMETHING WITHOUT A PUBLIC INFORMATION REQUEST? YEAH, I'M NOT AWARE OF ANY WRITTEN POLICY AS IT APPLIES TO, UH, COMMISSIONERS.
UM, BUT I WOULD URGE EXTREME CAUTION.
THAT'S, THAT'S FOR COMMISSIONERS, NOT FOR CITY EMPLOYEES.
OTHER QUESTIONS? ALL RIGHT, WELL THANK YOU MR. ALGO FOR YOUR TIME.
REALLY APPRECIATE THE BRIEFING.
UM, ALMOST THROUGH OUR AGENDA GUYS.
UM, WE'RE MOVING ON TO NUMBER 26
[26. Discussion and possible action to establish a 2024 Technical Building Code Updates Working Group. (Chair Hempel and Commissioner Maxwell)]
AND WE ARE BARELY AT QUORUM.SO COMMISSIONER COX, DON'T GO OFF SCREEN IF YOU CAN HELP IT.
AND IN YOUR INBOXES YOU SHOULD JUST SEE A, UM, EMAIL I JUST SENT OUT, UM, INFORMATION FROM COMMISSIONER MAXWELL WHO SPONSORED, WHO CO-SPONSORED THIS ITEM WITH YOU.
UM, SO THIS IS REGARDING NUMBER 26, DISCUSSION IMPOSSIBLE ACTION TO ESTABLISH A 2024 TECHNICAL BUILDING CODE UPDATES WORKING GROUP COMMISSIONER MAXWELL.
YEAH, I'M HAPPY TO BRING THIS TO THE COMMISSION.
UM, FOR THOSE OF YOU WHO MAY NOT BE AWARE, AT THE MAY 2ND MEETING, WE WERE, UM, GIVEN DIRECTION BY COUNCIL STAFF OR BY CITY COUNCIL.
UM, AND THEN, UH, BASICALLY DIRECTION GIVEN BY COUNCIL MEMBER VELA AND SUPPORTED BY SEVERAL OTHER MEMBERS OF COUNCIL UM, BASICALLY FOR THE PLANNING COMMISSION TO GET A BRIEFING AND THEN REVIEW THE TECHNICAL CODE UPDATES THAT HAVE BEEN PLANNED, THAT ARE PLANNED FOR, UM, UH, THIS, THIS YEAR, WHICH IS 2024.
FOR THOSE OF YOU WHO MAY NOT BE AWARE, THE TECHNICAL CODES GOVERN A LOT OF LIKE VERY SPECIFIC THINGS, SAY PLUMBING, ELECTRICITY, UM, BUILDING CODES, POOLS, UM, IN, IN THE LINK YOU THAT, UH, OUR CHAIR, OUR LIAISON SENT ANDREW, YOU CAN SEE ALL OF THOSE THAT ARE GOING TO BE ADDRESSED THIS YEAR.
UM, ESSENTIALLY THE CITY OF AUSTIN'S ON A THREE YEAR CYCLE, DSD, UH, USUALLY HANDLES THESE AS THEY ARE QUITE TECHNICAL AND RELATE TO HOW WE AND WHAT WE BUILD IN THE CITY.
UM, THERE HAS BEEN A REQUEST FOR US TO EXAMINE SOME OF THOSE CODES AND CITY COUNCIL FELT THAT IT WOULD BE IDEAL FOR US AS PLANNING COMMISSION TO UNDERSTAND THE PROPOSED AMENDMENTS AS WELL AS POTENTIAL CHANGES.
THERE'S ALSO REQUESTS IN THE RESOLUTION, AS YOU CAN SEE, FOR US TO POTENTIALLY CREATE A MEMO THAT WE, OF SUGGESTIONS AND RECOMMENDATIONS
[02:15:01]
FOR THESE TECHNICAL CODE UPDATES.SO, UM, IN THE SPIRIT OF GETTING THAT WORK DONE IN A TIMELY MANNER, I THOUGHT A WORKING GROUP, UM, TO BEGIN TO LOOK AT THESE WOULD BE EXCELLENT.
UM, I KNOW WE HAVE SEVERAL TECHNICAL EXPERTS ON OUR PLANNING COMMISSION, AND I'M HOPING THAT THEY'LL BE VERY GENEROUS WITH THEIR TIME AND STEP UP.
UM, WE ARE EXPECTING THE BRIEFING TO HAPPEN, SO SOME, SOMETIME HOPEFULLY IN JUNE, POTENTIALLY IN THE BEGINNING OF AUGUST.
UM, IF YOU LOOK AT THE LINK THAT I SENT, THE TECHNICAL CODES ARE DUE FOR REVIEW BY CITY COUNCIL IN SEPTEMBER.
SO THEY'RE REALLY, THE WORK IS BEING DONE RIGHT NOW, WHICH IS WHY THAT REQUEST WAS MADE BY COUNCIL SO THAT WE COULD BE A PART OF THIS PROCESS AND ENSURE THAT WE'VE REALLY TAKEN INTO ACCOUNT ANY RECOMMENDATIONS THAT THE PLANNING CO COMMISSION WANTED TO SEE AS THESE UPDATES ARE MADE.
SO THAT'S THE BRIEFING AND THE, UM, OBVIOUSLY THE AGENDA ITEM, WHICH I HOPE EVERYONE WILL SUPPORT, IS TO CREATE A WORKING GROUP SO THAT WE CAN, UM, GENERATE THAT MEMO AND HAVE A REALLY ROBUST DISCUSSION WHEN THE PRESENTATION IS MADE.
SO IN ESSENCE, WE'LL BE LOOKING FOR A MOTION, A SECOND VOTE TO ESTABLISH THE WORKING GROUP AND THE MEMBERS.
SO AS A REMINDER, WE CAN HAVE UP TO FIVE MEMBERS, UM, WITH SIX, IF THERE'S A, THE CHAIR OR VICE CHAIR AS A MEMBER OF THE WORKING GROUP.
UM, WITH THAT, WE'LL OPEN IT UP FOR ANYBODY THAT WANTS TO ASK QUESTIONS OR, UM, WANT TO VOLUNTEER.
IS HE COMMISSIONER COX? I WAS GONNA ASK IF WE HAD FOLKS HERE TO ANSWER QUESTIONS.
AND I, AND I GUESS I'LL JUST ASK A QUESTION AND SEE IF ANYONE CAN ANSWER IT.
UM, THE, THE SPEAK UP AUSTIN PAGES SEEM TO, TO INDICATE THAT STARTING TOMORROW IS THE PUBLIC COMMENT PERIOD.
UM, AND THE PUBLIC COMMENTS ARE GONNA END JUNE 17TH.
UH, BUT I DON'T ACTUALLY SEE ANY OF THE PROPOSED 2024 AMENDMENTS.
OH YEAH, SOME OF THEM HAVE AMENDMENT.
SO, BECAUSE THERE'S SEVERAL, UM, THEY'RE SORT OF TAKEN IN A SPECIFIC ORDER BY DSD, SO THEY JUST FINISHED A COMMENT PERIOD FOR ONE OF THEM, AND THE SECOND ONE IS OPENING UP.
NOW ANOTHER ONE WILL BE OPENING UP.
SO BASICALLY THEY DO IT IN SORT OF A ROTATION AND THE EXPECTATION THAT OVER THE NEXT MONTH BASICALLY, OR TWO MONTHS, THEY'LL HAVE EACH OF THE PUBLIC COMMENT PERIODS FOR SOME OF THESE, OBVIOUSLY SOME OF OUR UNIONS, FOR EXAMPLE, OR OTHER GROUPS HAVE SPECIFIC INPUT ON, SAY, PLUMBING UPDATES AND THINGS NOT LIKE THAT.
SO THERE'S AN OPPORTUNITY TO GIVE THAT INPUT.
AND I THINK THAT THE, UM, COUNCIL JUST WANTED TO ENSURE THAT WE WERE ALSO GETTING A HOLISTIC VIEW AS PLANNING COMMISSIONERS OF THESE UPDATES.
I WAS JUST KIND OF MAKING A POINT THAT I WOULD HOPE THAT THE PROPOSED 2024 AMENDMENTS ARE AVAILABLE DURING THE COMMENT PERIOD.
AND IT SEEMS LIKE THAT MAY OR MAY NOT BE THE CASE.
UH, UM, MY UNDERSTANDING OF THE PROCESS IS THAT DSD HOSTS IN A WEBINAR FOR EACH ONE OF THESE AND THAT THEY GO THROUGH THE PROPOSED AMENDMENTS THAT THEY'RE CONSIDERING.
UM, THESE ARE INTERNATIONAL STANDARDS OR LOCAL NATIONAL STANDARDS.
SO A LOT OF TIMES THERE ARE ACTUALLY RECOMMENDED CHANGES PER THE NATIONAL BODY, WHICH ARE ALSO INCORPORATED LOCALLY.
UM, IT ALSO DEPENDS A LITTLE BIT, YOU KNOW, THERE'S SOME LOCAL AMENDMENTS.
SO THE THINGS THAT WE DO DON'T CONFLICT WITH OUR ACTUAL CODE HERE VERSUS WHAT MAY BE REC RECOMMENDED BY A NATIONAL BODY.
SO THAT'S WHAT DSDS WORK IS, AND THEY DO A WEBINAR TO EXPLAIN WHAT THEY'RE PLANNING TO DO AND THEN THAT BECOMES PUBLIC.
AND THAT IS ALL PART OF THE INPUT PROCESS IS MY UNDERSTANDING.
IT'S THE 2024 AMENDMENTS TO THE CODE THAT ARE, THAT ARE THINGS WE SHOULD DEFINITELY BE TAKING A LOOK AT.
I HOPE THAT MEANS YOU'LL BE JOINING US ON THE WORKING GROUP.
COMMISSIONER COX, I WOULD I EVER PASS UP THE OPPORTUNITY TO HAVE YOU YELL AT ME? COMMISSIONER MAXWELL
IS ANYONE ELSE INTERESTED IN THIS? I CAN'T REALLY.
IS THE MOTION IS THE PERSON WHO BROUGHT THE AGENDA ITEM NOT SAYING THAT THEY'RE GOOD.
OF COURSE, I'D BE HAPPY TO AND I'M BE HAPPY TO ACCESS CHAIR ON THIS.
I DIDN'T WANNA ASSUME
CAN YOU HANDLE ANOTHER, CAN I JUST, CAN YOU HANDLE ANOTHER ENGINEER ON THE WORKING GROUP? WOO.
COMMISSIONER, UM, JOHNSON HAD EXPRESSED INTEREST IN THIS, BUT I KNOW HE'S NOT HERE THIS EVENING.
I NOMINATE COMMISSIONER JOHNSON SECOND.
IS THAT OUR FIVE? THAT'S FIVE.
SO TO REPEAT, UM, THE, I'LL MAKE THE MOTION TO ESTABLISH THIS TECHNICAL, UH, CODE WORKING GROUP
[02:20:01]
WITH THE, UH, FOLLOWING MEMBERS.COMMISSIONER MAXWELL, SERVING AS CHAIR COMMISSIONER COX ANDERSON, SKIDMORE AND JOHNSON.
IS THERE A SECOND? IS IT COMMISSIONER MAXWELL'S A SECOND.
UM, UNLESS THERE'S ANY OPPOSITION THAT MOTION PASSES.
UM, WE DO HAVE, UM, A COUPLE OF OTHER WORKING GROUPS.
UH, WE CAN JU BREEZE THROUGH THESE UNLESS THERE'S OTHER COMMISSIONERS THAT WOULD WISH TO JOIN THE OUTREACH AND PROCEDURE WORKING GROUP AND OR THE AUSTIN BUILDINGS WORKING GROUP.
[BOARDS, COMMITTEES & WORKING GROUPS UPDATES]
TO BOARDS, COMMITTEES AND WORKING GROUP UPDATES.THE CODES AND ORDINANCES JOINT COMMITTEE DID NOT MEET THIS MONTH DUE TO THE LACK OF ITEMS. SO WE'LL LOOK AHEAD TO JUNE.
NO UPDATE SINCE OUR LAST MEETING.
JOINT SUSTAINABILITY COMMITTEE.
UM, COMMISSIONER PHILLIPS, ANY UPDATES THERE? NO, NO UPDATES THERE.
I THINK THAT WE WERE KIND OF REALLY BUSY WITH ALL OF THE HOME STUFF.
UM, AND, AND THE WORKING GROUP THERE.
SMALL AREA PLANNING JOINT COMMITTEE.
I THINK YOU'RE THE ONLY ONE HERE.
WE, I DON'T REMEMBER WHAT WE TALKED ABOUT.
WE MET, IT WAS A LONG TIME AGO.
UM, SOUTH CENTRAL WATERFRONT ADVISORY BOARD.
UM, OUR MEETING FOR THIS MONTH WAS CANCELED ALSO DUE TO LACK OF, BUT I DID WANNA NOTE TO MY FELLOW COMMISSIONERS THAT IT IS SOUTH CENTRAL WATERFRONT REGULATING PLAN.
WILL IS STILL DUE TO COME TO COUNCIL ON MAY 30TH.
UM, NO UPDATE ON THE CITY OF AUSTIN BUILDING'S WORKING GROUP.
UM, CHAIR, CAN I MAKE A REQUEST TO THE WORKING GROUP TO ASK THEM TO FIX THE AC IN HERE? AND THE STUPID METAL DETECTORS? METAL DETECTORS.
THAT IS ALL METAL DETECTORS? YES.
UM, ANY POTHOLES YOU WISH TO ADD TO THE LIST? 3 1 1 1.
UM, OUTREACH AND PROCEDURES WORKING GROUP AND COMMISSIONER COST.
YOU'RE THE ONLY ONE REMAINING TO REPORT ON THAT ONE IF THERE ARE ANY.
UH, I DON'T THINK, WE DON'T HAVE ANY UPDATE TO BE HONEST.
WE'VE BEEN BURIED WITH ALL OF THE OTHER LDC CHANGES, SO I WOULD EXPECT THIS WORKING GROUP TO START GETTING BACK AND PRESENTING RECOMMENDATIONS.
AND THE BUDGET WORKING GROUP COMMISSIONER MAXWELL? OH, UM, YES.
UM, I, WE ARE ACTUALLY WAITING FOR THE RETURN OF COMMISSIONER OF TO MY FELLOW COMMISSIONER, WHO I BELIEVE WILL BE PRESENTING OUR RECOMMENDATIONS AT OUR NEXT PLANNING COMMISSION MEETING.
THAT'S SUCH A GREAT THING TO DO AFTER YOUR HONEYMOON.
ALRIGHT, THAT IS ALL OF OUR REGROUP.
UM, FUTURE AGENDA ITEMS? ANY, SEEING NONE.
I AM GOING TO ADJOURN OUR MEETING THIS EVENING AT 8 35.