[00:00:02]
[CALL TO ORDER]
ROOM.I NOW CALL THIS MEETING OF THE PLANNING COMMISSION TO ORDER AT 6:08 PM I'LL BE SERVING AS CHAIR THIS EVENING AS CHAIR HEMPEL AND VICE CHAIR ZA ARE ABSENT.
THANK YOU ALL IN ADVANCE FOR YOUR PATIENCE WITH ME.
PLEASE ACKNOWLEDGE YOUR PRESENCE WHEN I CALL YOUR NAME.
COMMISSIONER COX IS NOT CURRENTLY PRESENT, BUT I BELIEVE WILL BE JOINING US A LITTLE LATER.
COMMISSIONER HAYNES IS ABSENT.
COMMISSIONER MUSH TOLER IS ABSENT.
COMMISSIONER PHILLIPS IS NOT CURRENTLY PRESENT, BUT I BELIEVE WILL BE JOINING US LATER.
COMMISSIONER SKIDMORE HERE AND COMMISSIONER WOODS.
I WOULD ALSO LIKE TO RECOGNIZE OUR EX-OFFICIO MEMBERS BOARD OF ADJUSTMENTS, CHAIR COHEN AND A-A-I-S-D.
CANDACE HUNTER IS WITH US PER USUAL.
TONIGHT'S MEETING WILL BE HYBRID ALLOWING FOR A VIRTUAL QUORUM AS LONG AS THE COMMISSIONER SERVING AS CHAIR IS PRESENT IN THE CHAMBERS.
AS SUCH, WE HAVE COMMISSIONERS HERE IN CHAMBERS AND IN ATTENDANCE.
VIRTUALLY SIMILARLY, SPEAKERS CAN PRESENT FROM THE CHAMBERS OR PARTICIPATE VIRTUALLY BECAUSE WE ARE SO TIGHT ON QUORUM THIS EVENING.
I'LL ASK THAT ALL VIRTUAL COMMISSIONERS STAY ON SCREEN THROUGHOUT THE MEETING.
AND SINCE WE ALL NEED TO STAY ON SCREEN OR ON THE DAIS, PLEASE LET ME KNOW IF WE NEED TO TAKE A RECESS AND WE CAN CERTAINLY DO THAT.
VIRTUAL COMMISSIONERS PLEASE REMEMBER TO SEND YOUR SHEET TO OUR STAFF LIAISON PER THE CLERK'S GUIDELINES AND PLEASE HAVE YOUR GREEN, RED, AND YELLOW ITEMS FOR VOTING.
ALSO, PLEASE REMAIN MUTED WHEN NOT SPEAKING AND RAISE YOUR HAND TO BE RECOGNIZED.
IF I DON'T SEE YOU, PLEASE TRY AGAIN AND VERBALLY LET ME KNOW IF NEEDED.
IF YOU ARE SIGNED UP TO SPEAK, YOU'LL RECEIVE AN EMAIL PRIOR TO THE COMMISSION TAKING UP YOUR ITEM.
BOTH THE SPEAKER DONATING TIME AND THE SPEAKER RECIPIENT MUST BE PRESENT IN PERSON WHEN THE ITEM IS CONSIDERED.
I WILL HAVE ASSISTANCE FROM MS. BROWN AND MS. CORONA IN ANNOUNCING THE SPEAKER IS DURING PUBLIC HEARINGS.
NOW WE WILL MOVE ON TO PUBLIC COMMUNICATION.
MS. BROWN, DO WE HAVE ANYONE SIGNED UP TO SPEAK DURING PUBLIC COMMUNICATION? NO, WE DO NOT.
[APPROVAL OF MINUTES]
OF MINUTES FROM THE JUNE 11TH, 2024 MEETING WILL BE POSTPONED TO OUR NEXT MEETING ON JULY 7TH, AND THAT POSTPONEMENT WILL BE INCLUDED IN THE CONSENT AGENDA.[Conset Agenda]
ACTIVITY THIS EVENING IS TO VOTE ON THE CONSENT AGENDA.ITEMS THAT ARE CONSENT APPROVAL, DISAPPROVAL, POSTPONEMENTS OF PUBLIC HEARING, OR NON-DISCUSSION ITEMS. COMMISSIONER MAXWELL WILL READ THE PROPOSED CONSENT AGENDA AND IDENTIFY THOSE THAT ARE CONSENT POSTPONEMENT AND NON-DISCUSSION COMMISSIONERS.
YOU WILL ALSO HAVE THE OPPORTUNITY TO REQUEST CONSENT ITEMS BE PULLED FOR DISCUSSION.
WE'LL HAVE THE FIRST READING OF THE CONSENT AGENDA NOW.
AND THANK YOU FOR YOUR PATIENCE.
UM, SO ITEM NUMBER ONE IS PLANNING COMMISSION DRAFT MEETING MINUTES FROM JUNE 11TH, 2024.
AND THAT IS STAFF POSTPONEMENT TO SEVEN NINE TO SEVEN NINE.
ITEM NUMBER TWO IS NPA 2 0 2 3 0 0 1 7 0.01 ANDERSON SQUARE, DISTRICT FOUR, AND THAT'S NEIGHBORHOOD POSTPONEMENT TO EIGHT 13.
ITEM NUMBER THREE IS C 14 2 2 3 8 0 ANDERSON SQUARE, DISTRICT FOUR NEIGHBORHOOD POSTPONEMENT TO EIGHT 13.
ITEM NUMBER FOUR IS NPA 2 0 2 4 0 0 2 6 0.01 AUTO REPAIR SHOP WITH SALES DISTRICT FOUR.
THAT ITEM IS FOR DISCUSSION ZERO.
ITEM NUMBER FIVE C 14 0 2 2 4 0 0 8.
DISTRICT FOUR IS ALSO UP FOR DISCUSSION.
ITEM NUMBER SIX IS ZERO NPA 2 0 2 3 0 0 0 2 0.01 CHRISTCHURCH PLANNING DISTRICT THREE, THAT'S APPLICANT POSTPONEMENT TO EIGHT 13.
ITEM NUMBER SEVEN IS NPA 2 0 2 4 0 2 4 1 2700 GRACIE FARMS LANE, DISTRICT SEVEN AND THAT'S STAFF POSTPONEMENT TO 7 23.
ITEM NUMBER EIGHT IS C 14 2 2 4 5 2700 GRACIE FARMS DISTRICT SEVEN AND THAT'S STAFF POSTPONEMENT TO JULY TO 7 23.
ITEM NUMBER NINE IS NPA 2 0 2 4 0 0 1 6 0 1 POINT SH 4,900 GONZALEZ REDEVELOPMENT DISTRICT THREE.
THAT'S NEIGHBORHOOD POSTPONEMENT TO SEVEN NINE.
ITEM 10 IS C 14 2 2 4 1 9 4900 EZ REZONING DISTRICT THREE AND THAT'S NEIGHBORHOOD POSTPONEMENT TO 7 9 11 IS C 14 2 2 4 63 5 0 1 PER STREET.
DISTRICT TWO THAT ITEM'S ON CONSENT.
ITEM NUMBER 12 IS C 14 2 2 4 3 7 3 2700
[00:05:01]
SOUTH LAMAR DB 90 REZONING DISTRICT FIVE.THAT'S ALSO ON 13 IS C 14, 2 4 3 SOUTH DISTRICT FIVE ALSO ON CONSENT.
ITEM 14 IS C 14 2 4 3 1 7 AND 3 1 2 1 EAST 12 STREET DISTRICT ONE AND THAT'S NEIGHBORHOOD POSTPONEMENT 2 7 9.
ITEM 15 IS C 14 2 2 4 3 7 5 5200 EAST FIFTH STREET DISTRICT THREE NEIGHBORHOOD POSTPONEMENT TO SEVEN NINE.
CTY ART CENTER, REPLACEMENT DISTRICT NINE AND THAT'S STAFF POSTPONEMENT TO TEN EIGHT.
ITEM NUMBER 17 IS CITY OF AUSTIN, SISD, LAND DEVELOPMENT STANDARDS AGREEMENTS DISTRICT EIGHT AND 10.
ITEM NUMBER 18 IS CITY OF AUSTIN LEANDER, IISD, LAND DEVELOPMENT STANDARDS AND AGREEMENT DISTRICT SIX AND SEVEN ALSO ON CONSENT.
AND FINALLY ITEM 19, WHICH IS A, UH, STAFF BRIEFING.
THANK YOU COMMISSIONER MAXWELL.
MS. CORONA, I OH, DO ANY COMMISSIONERS NEED TO RECUSE OR ABSTAIN THEMSELVES FROM ANY ITEMS ON THE AGENDA? HEARING NONE, I UNDERSTAND WE HAVE SPEAKERS SIGNED UP TO SPEAK ON SEVERAL OF THE CONSENT ITEMS AND COMMISSIONERS AFTER WE HEAR THOSE SPEAKERS, THE COMMISSION CAN EITHER LEAVE THE ITEM ON CONSENT OR PULL IT FOR DISCUSSION.
SO WE'RE READY FOR THE SPEAKERS.
JUST TO CONFIRM, UM, ITEM FIVE IS FOR DISCUSSION, NOT FOR CONSENT.
SO ITEM NUMBER FIVE C 14 2 2 4 8.
DISTRICT FOUR IS ON DISCUSSION.
THANK YOU FOR THAT CLARIFICATION.
SO WE HAVE SEVERAL PEOPLE SIGNED UP FOR ITEM 10 THAT'S ON CONSENT, NEIGHBORHOOD POSTPONEMENT.
UM, DO WE WANNA HEAR FROM THE APPLICANT FIRST OR SINCE IT'S ON CONSENT WE DON'T HEAR FROM THE APPLICANT? I, I THINK IT WOULD BE FINE CONSIDERING IT'S COMING BACK IN TWO WEEKS UNLESS THE SPEAKER FEELS STRONGLY ABOUT SPEAKING.
UM, FELIX TU, HE'S THE PRIMARY SPEAKER.
UM, HE'S JOINING US VIRTUALLY.
UM, SARAH ANDRE, SHE IS JOINING US VIRTUALLY AS WELL.
AND, UH, SARAH CANDACE FOX JOINING US IN PERSON.
UM, ANUSH ION JOINING US VIRTUALLY AS WELL.
EDGAR HANDEL JOINING US VIRTUALLY EDGAR IS HERE.
UM, EDGAR, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR MARKS.
UM, YOU'LL HAVE THREE MINUTES TO SPEAK, EDGAR, IF YOU CAN HEAR US, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
NEXT SPEAKER IS PETER BRENTON JOINING US VIRTUALLY AS WELL.
OKAY, THAT CONCLUDES THE SPEAKERS FOR THIS ITEM.
UM, NEXT ITEM ON CONSENT IS, UM, ITEM 11.
THAT IS THE AGENT WHO SIGNED UP.
UM, ITEM 12, JULIE WOODS, UM, AND LORRAINE
UM, LORRAINE, YOU ARE THE PRIMARY SPEAKER AND AND YOU WILL HAVE FIVE MINUTES FOLLOWED BY JULIE WOODS.
JULIE, YOU WILL HAVE THREE MINUTES AND THEY'RE SPEAKING IN OPPOSITION.
I'M A MEMBER OF THE ZILKER NEIGHBORHOOD ASSOCIATION, UH, UH, ZONING COMMITTEE.
UH, TWO THINGS ABOUT THIS CASE.
NUMBER ONE, THIS PROJECT DOES NOT MEET THE CRITERIA FOR THIS PARTICULAR REZONING PROCESS.
NUMBER TWO, THIS SITE IS IN THE BARTON SPRING ZONE.
AND SO ACCORDING TO THE STAFF REVIEW COMMENTS OVER THE LAST 15 YEARS MUST GO TO THE ENVIRONMENTAL COMMISSION AND CITY COUNCIL FOR HEARINGS ON THE REDEVELOPMENT EXCEPTION FIRST POINT, THE LETTER FROM ARM BREWTON BROWN NOTES THAT
[00:10:01]
THIS DB 90 REZONING PROCESS IS OPEN TO PROPERTIES REZONED FOR VMU AFTER JUNE 10TH, 2022.THIS PROPERTY WAS FIRST REZONED FOR VMU HIGHEST INTENSITY IN 2008 AT THE REQUEST OF THE ZILKER NEIGHBORHOOD ASSOCIATION WITH THE INTENT TO ENCOURAGE PUBLIC OR NONPROFIT HOUSING WITH MINIMAL CAR TRAFFIC ON THIS DIFFICULT SITE.
IN MAY, 2013, CONDITIONS WERE NEGOTIATED AND ADDED TO THE V ZONING TO ACCOMMODATE A SPECIFIC PROPOSAL FOR 110 UNITS OF PERMANENT SUPPORTIVE HOUSING.
IT WAS PRAISED BY CITY STAFF AND NEARBY NEIGHBORS.
UNFORTUNATELY, THE STATE OF TEXAS AND HUD WERE TO STINGY TO FUND THAT PROJECT.
THE PURPOSE OF THE 2023 REZONING REFERENCED IN THE ARMREST AND BROWN LETTER WAS IN FACT TO REMOVE THE CONDITIONS OF THE 2013 CASE AND CHANGE THE BASE ZONING TO CS, ALLOWING THE NEW OWNERS TO BUILD MORE COMMERCIAL SPACE.
IT HAD NOTHING TO DO WITH VMU 0.2, THE LATEST SITE PLAN REVIEW COMMENTS DATED APRIL, 2024.
UH, ITEM NUMBER EV 17 INSTRUCT THE APPLICANT TO RESPOND TO A LIST OF ITEMS SO THAT STAFF MAY PRESENT THE REDEVELOPMENT EXCEPTION REQUEST TO THE ENVIRONMENTAL COMMISSION AND TO THE CITY COUNCIL.
TWO OTHER VARIANCES FOR CUT AND FILL WILL HAVE TO GO TO A LAND USE COMMISSION.
IT'S CLEAR FROM THE PAST AND CURRENT REVIEW COMMENTS THAT THE DB 90 REZONING WILL MAKE ZERO DIFFERENCE TO WHAT IS ACTUALLY BUILT ON THIS SITE.
DB 90 DOES HAVE ONE IMPORTANT DIFFERENCE.
IT WILL ALLOW THE INVESTORS TO DETERMINE THEIR OWN FEE IN LIEU FOR OFFSITE AFFORDABILITY.
ZNA HAS ALWAYS BEEN OPPOSED TO FEE AND LIE DEALS THAT PUSH AFFORDABLE HOUSING OUT OF THE NEIGHBORHOOD.
UM, WE WOULD RECOMMEND THAT YOU DO NOTHING, NOTHING ON THIS.
JUST PASS ON THE WHOLE THING SINCE IT DOESN'T MEET THE CRITERIA FOR DB 90 REZONING UNDER THESE CIRCUMSTANCES OR REJECT THE DB 90 REZONING AND RECOMMEND THE, UH, THAT THE APPLICANTS, UH, UM, UH, GO AHEAD AND SUBMIT THEIR REDEVELOPMENT EXCEPTION REQUEST AND GET THAT OUT OF THE WAY FIRST.
I, UH, AM FROM THE DAWSON NEIGHBORHOOD AND ALSO I'M ACTIVE IN THE SOUTH CENTRAL COALITION OF NEIGHBORHOODS.
UM, AND, UH, I WANNA THANK LORRAINE FOR HER VERY SPECIFIC REMARKS THAT I HOPE YOU ALL TOOK NOTES OF BECAUSE LORRAINE IS ALWAYS RIGHT.
AND WHAT I WOULD ALSO LIKE TO DO IS BACK UP A LITTLE BIT AND POINT OUT THAT, UM, AS A MEMBER OF THE COMMUNITY DEVELOPMENT COMMISSION, I SIT USUALLY ALONG THERE AND LISTEN TO OUR DESPERATE NEED FOR MORE AFFORDABLE HOUSING.
AND WHAT THE CITY IS DOING NOW IS A BANDAID WE'RE TRYING, UM, BUT, UH, PUBLIC PRIVATE PARTNERSHIPS ARE WHAT WE SHOULD BE WORKING TOWARDS.
AND THE PROJECT THAT L LORRAINE DESCRIBED WAS EXACTLY, EXACTLY WHAT WE SHOULD BE DOING.
AND YOU'LL NOTE OF COURSE, THAT, YOU KNOW, HUD DIDN'T COME UP AND THE STATE OF TEXAS DIDN'T COME UP WITH THE MONEY.
HAVE WE GONE BACK AND ASKED AGAIN, HAVE WE ASKED MULTIPLE TIMES? DID WE ASK WHEN THERE WAS COVID MONEY FOR AFFORDABLE HOUSING? DID THAT HAPPEN? I'M PRETTY SURE IT DIDN'T.
SO, UM, THAT'S ON ALL OF US, OKAY? BECAUSE THE LOCATION IS EXCELLENT.
IT'S RIGHT ON TRANSIT, AND IT WOULD'VE BEEN SOMETHING THAT THE NEIGHBORS WANTED.
AND I WOULD LIKE TO ALSO POINT OUT THAT THOSE OF US WHO, UM, ADVOCATE ON BEHALF OF WHAT THE NEIGHBORS WANT ARE CONSTANTLY BEING CALLED NIMBYS, AND THAT WE DON'T WANNA LIVE NEAR POOR PEOPLE.
AND THE ZILKER NEIGHBORHOOD WORKED FOUR YEARS ON THIS PROJECT WITH THE DEVELOPER TO GET EXACTLY THAT AND THEN TO HAVE IT ALL TOSSED ASIDE.
[00:15:01]
WANNA HEAR ANY MORE NIMBY FROM ANYONE BECAUSE THIS WASN'T EVEN GOING TO BE UNDER DISCUSSION TONIGHT.SO, OH, AND BY THE WAY, WHILE WE'RE AT IT, THE, UH, 28 0 5 AND 28 0 7 SKYWAY CIRCLE UNITS THAT ARE BEING TORN DOWN ALSO AFFORDABLE.
YEAH, THEY'RE, UM, QUADPLEXES, FOURPLEXES, EXACTLY THE KIND OF THING THAT WE SHOULD BE PRESERVING IN THIS CITY.
BUT WE AREN'T BECAUSE INSTEAD WE'RE BUILDING VMU WITH OFFSITE AFFORDABLE HOUSING SO THAT THE PEOPLE WHO CAN AFFORD IT, WHICH BY THE WAY IT'S NOT DEEPLY AFFORDABLE, ARE GOING TO HAVE TO GET IN THEIR CARS AND DRIVE INTO WORK, WHICH IS BECAUSE THEY'RE GONNA BE MOVING TO PROJECTS ON THE OUTSIDE OF TOWN.
SO, UM, I KNOW THAT THERE'S NOT A LOT THAT CAN BE DONE TO, TO MAKE BUILDERS DO WHAT WE WANT THEM TO DO, BUT I DON'T SEE ANYBODY OVER HERE TRYING.
AND I WOULD BE WILLING TO BET YOU THAT WHEN I GO HOME, Y'ALL ARE GONNA FORGET EXACTLY WHAT OUR OBJECTIONS WERE AND YOU'RE GONNA VOTE IN FAVOR OF IT AND YOU'RE ALL GONNA GO HOME AND SLEEP GOOD AT NIGHT.
BUT, UM, SO THANK YOU FOR YOUR TIME AND, UH, UM, SLEEP.
WELL, THANK YOU FOR YOUR COMMENTS.
UM, THAT CONCLUDES THE SPEAKERS ON THIS ITEM.
UM, NEXT ITEM IS 13, UM, ON CONSENT.
UM, WE HAVE THRE ATHERTON SPEAKING IN OPPOSITION FOR THREE MINUTES.
UM, I TALKED TO, UH, TO MICHELLE THE, UH, UH, THE AGENT BRIEFLY BEFORE THE MEETING AND, UH, THE NEIGHBORS DON'T HAVE ENOUGH INFORMATION ON THIS TO ACTUALLY MAKE ANY COMMENTS AND WE'LL, UH, GET TOGETHER WITH THEM LATER.
OKAY, THE NEXT ITEM IS ITEM 14, UM, CONSENT NEIGHBORHOOD POSTPONEMENT.
UM, WE HAVE CHRISTOPHER PAGE AS A PRIMARY SPEAKER, SPEAKING OPPOSITION FOR FIVE MINUTES.
UM, CHRISTOPHER PAGE, ARE YOU HERE? UM, SO I'M ACTUALLY NOT HERE TO SPEAK IN OPPOSITION.
UH, WE'VE SPOKEN WITH THE APPLICANT'S REPRESENTATIVE AND THEY WERE AMENABLE TO, UH, POSTPONEMENTS THAT WE COULD HAVE AT LEAST ONE OF THE TWO AFFECTED NEIGHBORHOODS HAVE A NEIGHBORHOOD MEETING.
ORIGINALLY, WE REQUESTED FOR WAR TIME, UH, BUT OUR COMPROMISE WAS TO TRY TO GET A SPECIAL CALLED MEETING FOR THE OTHER NEIGHBORHOOD.
SO I HAVE NOTHING FURTHER TO SAY ON THAT.
NEXT SPEAKER IS JENNY GRAYSON, UM, TUNING IN VIRTUALLY IN OPPOSITION FOR THREE.
JENNY, YOU HAVE THREE MINUTES.
ARE YOU PLEASE PUSH STAR SIX
JENNY GRAYSON, PRESIDENT OF MCKINLEY HEIGHTS, SPEAKING AGAINST ITEM 14.
UM, I'M ASKING YOU ALL TO POSTPONE THIS ITEM TODAY.
I BELIEVE IT WAS ON CONSENT FOR POSTPONEMENT UNTIL JULY 9TH, JUST LIKE CHRIS PAGE JUST SAID.
UM, SO I'M GONNA JUST ASK THAT IT'S POSTPONED.
NEXT SPEAKER IS BETH IN PERSON, UM, SPEAKING OPPOSITION.
UM, BETH, ARE YOU HERE? OKAY, NOT SEEING.
UM, AMBER ORR SPEAKING OPPOSITION.
ARE YOU HERE, AMBER? OKAY, THAT CONCLUDES THE SPEAKERS.
THANK YOU MS. BROWN AND MS. CORONA AND OUR SPEAKERS.
DO ANY COMMISSIONERS WANT TO PULL ANY OF THE CONSENT ITEMS FOR DISCUSSION OR OTHERWISE HAVE QUESTIONS ON THE CONSENT AGENDA? OKAY, HEARING NONE.
IS THERE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA? I'LL MOVE TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA.
WE HAVE A MOTION FROM COMMISSIONER JOHNSON, SECONDED BY COMMISSIONER MAXWELL.
IF NO OBJECTION, THIS ITEM PASSES.
THIS CONCLUDES THE CONSENT AGENDA.
SO NOW WE'LL MOVE ON TO OUR PUBLIC HEARING ITEMS AND BEFORE WE BEGIN THE PUBLIC COMMENT PERIOD, PLEASE BE AWARE THAT BEHAVIOR THAT VIOLATES THE RULES OF THE COMMISSION MEETING WILL NOT BE PERMITTED, MAY NOT SPEAK OUT OF TURN.
DEFAME ANOTHER PERSON, USE OBSCENE LANGUAGE, USE ABUSIVE LANGUAGE THAT IS LIKELY TO INCITE A BREACH OF THE PEACE, MAKE THREATS OF VIOLENCE AGAINST ANY OTHER PERSON OR OTHERWISE DISRUPT THE ORDERLY CONDUCT OF THIS MEETING.
IF YOU VIOLATE THESE RULES, YOUR
[00:20:01]
TIME MAY BE CUT SHORT OR YOU MAY BE REMOVED FROM CHAMBERS.FOR THE REMAINDER OF THE MEETING, MS. BROWN AND MS. CORONA, CAN YOU PLEASE LET US KNOW WHICH CITY DEPARTMENTS ARE REPRESENTED THIS EVENING TO ANSWER ANY QUESTIONS THAT COMMISSIONERS MAY HAVE? I'M SORRY, FOR WHICH ITEMS OR JUST IN GENERAL? UH, FOR ITEMS FOUR AND FIVE,
[Items 4 & 5]
RE MEREDITH PLANNING DEPARTMENT ITEM NUMBER FOUR IS PLAN AMENDMENT NPA 20 24 0 0 2 6 0.01 AUTO REPAIR SHOP WITH SALES DISTRICT SIX.THE PROPERTY ADDRESSES ARE 3 0 1 AND 3 0 3 FERGUSON DRIVE.
IT'S LOCATED IN THE LAMAR GEORGIAN ACRES COMBINED NEIGHBORHOOD PLANNING AREA.
THE REQUEST IS TO CHANGE THE FUTURE LAND USE MAP FROM NEIGHBORHOOD MIXED JUICE TO MIXED JUICE, AND IT IS NOT RECOMMENDED BY STAFF.
NOW WE WILL HEAR FROM THE APPLICANT.
I'M GONNA GIVE YOU A BRIEFING ON THIS ONE.
COMMISSIONER SHERRY TIS WITH THE PLANNING DEPARTMENT.
THIS IS THE ASSOCIATED CASE ITEM NUMBER FIVE, WHICH IS KC 14 20 24 0 8 AUTO REPAIR SHOP.
THE PROPERTY IS LOCATED AT 3 0 1 AND 3 0 3 FERGUSON DRIVE AND IS REQUEST TO REZONE FROM C-M-U-C-O-M-P TO C-M-U-C-O-N-P TO AMEND THE RESTRICTIONS IN THE EXISTING CONDITIONAL OVERLAY ON THE PROPERTY.
THE STAFF RECOMMENDS DENIAL OF THE PROS REZONING FROM C-S-M-U-C-O-M-P, UH, TO CHANGE THE CONDITION OF THE ZONING.
THE PROPERTY IN QUESTION CONSISTS OF TWO VACANT LOTS RUNNING FERGUSON DRIVE, WHICH IS A LEVEL TWO COLLECTOR ROADWAY.
THERE IS A MULTI-FAMILY USE, ZONED G-R-M-U-C-O AND A FOOD SALES OR GROCERY STORE USE ZONE CS VCO MP TO THE NORTH AND SINGLE FAMILY RESIDENCES ZONE SF THREE MP TO THE SOUTH TO THE EAST THERE ARE AUTOMOTIVE USES AND TO THE WEST THERE ARE MEDICAL OFFICE AND OFFICE WAREHOUSE USES THAT ARE ZONED C-S-M-U-C-P.
THE APPLICANT IS REQUESTING TO REZONE FROM FROM C SMU, CP TO C SMU, CO MP TO REMOVE AUTOMOTIVE REPAIR AND AUTOMOTIVE SALES FROM THE EXISTING CONDITIONAL OVERLAY ON THIS PROPERTY, THEREBY ALLOWING THESE USES AS PERMITTED USES ON THIS SITE.
THE STAFF RECOMMENDS DENIAL OF THE APPLICANT'S REZONING REQUEST.
WHILE THERE ARE AUTOMOTIVE USES THAT ARE CURRENTLY IN OPERATION TO THE EAST OF THIS PROPERTY, THEY ARE LEGAL NON-CONFORMING USES ACCORDING TO THE AERIALS, THE AUTOMOTIVE REPAIR USE AT 2 0 7 FERGUSON DRIVE AND THE VEHICLE STORAGE USE AT THE NORTHWEST CORNER OF FERGUSON DRIVE AND TURNER DRIVE WERE PRESENT IN 2009 PRIOR TO THE ADOPTION OF THE NEIGHBORHOOD PLAN AND ASSOCIATED REZONINGS IN 2010.
THE FUTURE LAND USE MAP OR PLUM FOR THE NORTH LA COMBINED NEIGHBORHOOD PLAN CALLS FOR THE PROPERTIES ALONG THIS PORTION OF FERGUSON DRIVE TO BE DESIGNATED AS NEIGHBORHOOD MIXED USE AND TO PROVIDE A TRANSITION FROM THE MORE INCENSED MIXED USE DEVELOPMENTS TO THE NORTH, TO THE SINGLE FAMILY RESIDENCES TO THE SOUTH.
IN ACCORDANCE WITH THE NEIGHBORHOOD PLAN, THE PROPERTIES ALONG FERGUSON DRIVE WILL RE ZONE FROM CS TO CSM UCO MP, WHICH IS TRACKED 11 IN THE ORDINANCE.
THE ZONING ORDINANCE FOR THIS NEIGHBORHOOD PLAN RESTRICTING THE MORE INTENSIVE COMMERCIAL USES ADJACENT TO THE SF TWO MP ZONING TO THE SOUTH THROUGH THE NORTH LAMAR NEIGHBORHOOD PLAN.
REZONINGS AUTOMOTIVE SALES WAS MADE A PROHIBITED USE AND AUTOMOTIVE REPAIR, A CONDITIONAL USE ON THIS PROPERTY.
SO PER THE CURRENT EXISTING ZONING ORDINANCE, THE APPLICANT COULD GO THROUGH THE CONDITIONAL USE PERMIT OR CUP PROCESS IN THE DEVELOPMENT SERVICES DEPARTMENT TO DEVELOP AN AUTOMOTIVE REPAIR USE ON THIS SITE.
THIS AREA IS CURRENTLY TRANSITIONING TO PERMIT ADDITIONAL RESIDENTIAL DENSITY NEAR AVAILABLE SUPPORTING SERVICES AND TRANSIT OPTIONS IN ACCORDANCE WITH CITY COUNCIL'S DIRECTION.
ENCOURAGING MORE AUTOMOTIVE CENTRIC COMMERCIAL USES AT THIS LOCATION IS INCONSISTENT WITH THE ORIGINAL INTENT FOR A TRANSITION IN THE USES FROM THE MIXED USE LAND USE DESIGNATION TO THE NORTH TO THE SINGLE FAMILY LAND USE DESIGNATION TO THE SOUTH ON THE NORTH LAMAR NEIGHBORHOOD PLAN FLOW, THE PROPERTY IN QUESTION IS LOCATED WITHIN 0.19 MILES OF THE NORTH LAMAR ACTIVITY CORRIDOR AND THERE'S A CAPITAL MASTER BUS SERVICE TO THE WEST AND ALONG NORTH LAMAR BOULEVARD.
ACCORDING TO THE ETOP PRIORITY TOOL TOPOLOGY MAP.
THESE TWO LOTS ARE WITHIN THE HALF MILE BUFFER OF OF TWO ET.
TODD STATIONS, MASTERSON PASS AND CHINATOWN KRAMER AND ARE PART OF THE FULL EXTENSIONS TO THE LIGHT RAIL TRANSIT ENVISION AS PART OF PROJECT CONNECT.
UM, AND I'M HERE TO ANSWER ANY QUESTIONS FOR STAFF.
NOW WE WILL HEAR FROM THE APPLICANT.
UH, WELL I JUST WANTED TO ON SOME POINT HERE, SO I HAVE SOME ALLERGY GOING ON FROM THE WEATHER, BUT WHILE THERE ARE AUTOMOTIVE USE USES CURRENTLY IN, UM, OPERATING TO THE EAST OF THE PROPERTY, THEY ARE LEGALLY NON-CON CONFIRMED USE.
AND THESE BUSINESSES WERE ESTABLISHED PRIOR TO THE ADAPTION OF THE NEIGHBORHOOD PLANNING AND ASSOCIATED REZONING
[00:25:01]
IN, UM, 2010 CONDITION.UM, CONDITIONAL OVERLY, UM, OF THE FOLLOWING USES ARE CONDITION USE OF THE AUTOMOTIVE, UH, REPAIR SERVICES AND NOT SALES.
UH, PROPERTY OWNER FIND THEMSELVES AT THE, UM, INTER INTERSECTION OF CHANGING NEEDS AND, UM, EVOLVING COMMUNITY DYNAMIC.
AND THE FOLLOWING, UM, ARE KEY LEGAL CONSIDERATION INVOLVED.
UM, MARKET, MARKET DEMAND CHANGING IN MARKET CONDITION MIGHT MAKE CERTAIN, UM, LAND USE MORE, UM, AVAILABLE PROMOTION, UM, OWNER TO SEE REZONING TO ADOPT THE NEW OPPORTUNITIES.
COMMUNITY GROWTH AS COMMUNITY EVOLVED REZONING MIGHT BE NECESSARY TO ALIGN WITH THE, UM, EVOLVING LAND USE PATTERN, UM, AND JU UM, ECONOMY SHIFTS, ZONING CHALLENGES.
THE, UM, THE QUESTION IS NOT WHETHER REZONING WILL INCREASE THE VALUE OF THE PROPERTY, BUT RATHER WHETHER THE EXISTING ZONING CLASSIF CLASSIFICATION SERVICES TO, UM, UM, THE LANDLORD OF THE PROPERTY, UM, RIGHT WITHOUT DUE PROCESS OF THE LAW.
UM, YOU CAN MAKE THE, UM, ARGUMENT THAT IT COULD NOT DEVELOP IN COMMUNITY VISIBLE AND BASED ON THE PURCHASES PRICE, BASED ON THE, UH, RESTRICTION AND BASED ON THE NEW NEIGHBORHOOD PLAN THAT HAS BEEN, UM, IMPLEMENTED, WE CAN SEE THAT, UM, EVIDENCE NEEDED NOT THE PROPERTY CAN MAKE MORE MONEY WITH THE REZONING, BUT THAT PROPERTY IS NOT SUITABLE FOR THE DEVELOPMENT, UM, UNDER THE EXISTING ZONING CLASSIFICATION SUCH AS THE, UM, CANNOT BE USED AND, AND AN ACADEMY VISIBLE MANNER.
UNDER THE EXISTING ZONING CLASSIFICATION, THE PROPERTY OWNER IS SEEKING TO CHANGE THE ZONING REGULATION FOR THEIR PROPERTY, AIMING TO TRANSITIONING FROM RENTING, UH, TO A PERMANENT RESIDENT WITHIN THE SAME NEIGHBORHOOD WHERE THEY HAVE CURRENTLY RENTING A BODY SHOP.
BY SECURING THESE ZONING CHANGING, THEY HOPE TO MAINTAIN THEIR EXISTING CUSTOMER BASED ON THE, UM, CONTINUING SERVICES, THEIR LONG-TERM CLIENT WITHOUT DISRUPTION.
THIS INVOLVE IN, UM, DRIVING BY THE DESIRE TO, UM, STABILIZE THEIR BUSINESS OPPORTUNITIES AND STRENGTHEN THEIR COMMUNITY, UM, TIES ENSURING BOTH ECONOMY AND SOCIAL BENEFITS FOR THE NEIGHBORHOOD.
REZONING WILL BE, UM, WILL ENABLE THEM TO INVEST MORE, UM, IN THEIR BODY SHOP ENHANCEMENT, THEIR SERVICES IN THE AREA.
I CAN, UM, PASS IT OVER TO YOU GUYS IF THAT'S, THAT'S FINE.
ARE THERE ANY OTHER SPEAKERS ON THIS? OH, IS, UH, IS IT POSSIBLE TO EMAIL YOUR REMARKS TO OUR CITY STAFF AND THEY CAN DISTRIBUTE THEM TO US VIA EMAIL? THANK YOU.
UM, WE HAD BAJA I'LL HI, SIGNED UP.
OKAY, THEN THAT CONCLUDES THE SPEAKERS ON THIS ITEM.
I WILL LOOK FOR A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING ON THIS ITEM.
I'LL MAKE A MOTION TO CLOSE THE PUBLIC HEARING ON THIS ITEM.
SO NOW WE'LL MOVE INTO OUR ROUND ROBIN.
SO WE HAVE EIGHT COMMISSIONERS AT FIVE MINUTES EACH.
WHO WOULD LIKE TO START? UM, I HAVE A QUESTION FOR STAFF IF YOU CAN, UM, AND THAT I THINK IT PERTAINS TO WE, LATE, LATE THIS AFTERNOON, IT SEEMED LIKE WE RECEIVED AN EMAIL FROM THIS ABOUT THIS CASE FROM THE NEIGHBORHOOD ASSOCIATION.
IF YOU COULD JUST PROVIDE SOME CONTEXT REGARDING WHAT THEY ARE IN JUST INTERESTED IN.
OH, UH, AS FAR AS, UM, SO THE NEIGHBORHOOD ASSOCIATION WAS ASKING ABOUT THE CONTACT TEAM STATUS AND I DON'T KNOW IF I RECEIVED ANYTHING TODAY FROM THEM.
UM, I I THINK THEY WERE JUST MORE CONCERNED ABOUT THE PROCESS OF BEING NOTIFIED, WHICH THEY WERE NOTIFIED.
SO, UM, AND, AND I GUESS MORE SPECIFICALLY, THE NEIGHBORHOOD IS OBVIOUSLY NOT HERE THIS EVENING.
HAVE THEY INDICATED, HAVE EVER HAVE BEEN DISCUSSIONS REGARDING THIS SORT OF, UM, POTENTIAL CHANGE
[00:30:01]
WHERE IT SEEMED THAT THEY, FROM THE, UM, INFORMATION WE RECEIVED TODAY, IT SEEMED LIKE THAT THEY MIGHT BE IN OPPOSITION.HOWEVER, THEY'RE NOT HERE THIS EVENING.
AND I, I CAN'T SPEAK TO THEIR POSITION ON THIS CASE OR THESE CASES AT THIS TIME.
UM, I CAN TELL YOU THAT I WAS THE ZONING PLANNER ON THIS NEIGHBORHOOD PLAN WHEN IT WAS DONE.
SO I WAS PART OF THE, THE TEAM THAT MADE THESE RECOMMENDATIONS FOR THIS PORTION OF FERGUSON DRIVE AND FOR THE PLUM THAT WAS THE TRANSITION.
SO, UM, AND I WAS, I DID WORK WITH THE NEIGHBORHOOD ASSOCIATION AT THAT TIME, SO.
ANY OTHER COMMISSIONERS WITH QUESTIONS? OH, DANIELLE? YEAH.
COMMISSIONER SKIDMORE, I HAVE A QUESTION.
I GUESS I'M TRYING TO UNDERSTAND THE EXISTING USE OF THE PROPERTY RIGHT NOW.
I'M LOOKING AT THE BACKUP AND THE AERIAL PHOTO.
UH, IS IT THE, AND THEN GOOGLE STREET VIEW AS WELL,
IT'S TWO VACANT LOTS THAT THEY WOULD LIKE TO, UH, THERE APPEARS TO BE SOME PARKING FROM TIME TO TIME, BUT THEY'RE CURRENTLY UNUTILIZED.
ANY OTHER COMMISSIONERS WITH QUESTIONS? I OKAY.
SEEING NONE, I WILL LOOK FOR A MOTION.
UH, I'LL MOVE THE STAFF RECOMMENDATION.
UH, LOOKING FOR A COMMISSIONER TO SECOND THE MOTION BY COMMISSIONER JOHNSON.
SO WE HAVE A MOTION BY COMMISSIONER JOHNSON, SECONDED BY COMMISSIONER MAXWELL, UH, FOR STAFF RECOMMENDATION ON ITEMS FOUR AND FIVE.
COMMISSIONER JOHNSON, AS YOU MADE THE MOTION, WOULD YOU LIKE TO START IN OUR FIRST SPOT? FOUR? SURE.
UM, YOU KNOW, I AM A LITTLE TORN ON THIS CASE.
I, I THINK, YOU KNOW, LOOKING AT THE EXISTING CONDITIONS, IT, IT, IT IS PERHAPS A BIT CHALLENGING TO SAY THAT, YOU KNOW, AUTO ORIENTED USES ARE, UM, INAPPROPRIATE OR, OR DON'T MATCH THE SORT OF CHARACTER OF THE SURROUNDING AREA.
IT'S LIKE HALF CARS,
UM, BUT I DO THINK WE ALSO NEED TO LIVE UP TO THE NAME OF OUR COMMISSION AND THINK ABOUT WHAT THIS WILL BE IN THE FUTURE.
AND THAT EVERY CHANCE WE HAVE TO SORT OF IMPLEMENT PLANS AND TO BRING FORTH A VISION OF CHANGE FOR AN AREA THAT WAS CRAFTED BY THE PEOPLE IN THAT AREA.
AND THAT LOOKS TOWARDS THE FUTURE, THAT IS LESS AUTO ORIENTED, LESS FOCUSED ON, YOU KNOW, REPAIRING AND STORING CARS.
UM, I THINK THAT'S, THAT'S SOMETHING THAT WE SHOULD BE, UH, HAPPY TO ADVOCATE FOR.
UM, PERSONAL VIEWS ON PLANNING ASIDE, YOU KNOW, I DO FIND IT SORT OF DIFFICULT TO GO AGAINST STAFF'S RECOMMENDATION AND A CLEAR SORT OF RECOMMENDATION IN THE PLAN.
WE, WE OFTEN WILL INTERPRET THINGS THAT ARE IN PLANS THAT ARE ADOPTED, THAT ARE UNCLEAR LINES ON A MAP, BLOBS, UM, THIS NEIGHBORHOOD PLAN SEEMS INCREDIBLY CLEAR THAT THEY DID NOT WANT AUTO ORIENTED USES ON THIS, THIS TRACK AT LEAST, UH, THOSE USES CONTEMPLATED AND THE EXISTING ZONING ALLOWS YOU TO DO PRETTY MUCH ANYTHING ELSE.
SO, UM, I DON'T FEEL TOO TERRIBLY LIKE WE'RE DOOMING THIS PROPERTY OWNER TO BE UNABLE TO MAKE AN ECONOMIC BENEFIT FROM THEIR LAND WHEN THEY HAVE OVERALL PRETTY, UH, LOOSE ZONING RESTRICTIONS.
ANY COMMISSIONERS SPEAKING AGAINST THE MOTION? ANY OTHER COMMISSIONERS LIKE TO SPEAK FOR THE MOTION? OKAY, IN THAT CASE WE'LL GO AHEAD AND TAKE A VOTE.
SO THIS IS A MOTION FOR STAFF RECOMMENDATION ON ITEMS FOUR AND FIVE, UH, MADE BY COMMISSIONER JOHNSON, SECONDED BY COMMISSIONER MAXWELL.
ALL THOSE IN FAVOR? OKAY, THAT'S UNANIMOUS.
WE WILL SHOULD SHOW COMMISSIONER, UH, PHILLIPS, OH COMMISSIONER, COMMISSIONER PHILLIPS OFF THE DI, COMMISSIONER PHILLIPS OFF THE DI COMMISSIONER PHILLIPS, UNLESS YOU'D LIKE TO BE SHOWN AS VOTING ON THAT ITEM.
GOT COMMISSIONER PHILLIPS VOTING.
[19. Staff briefing regarding the program requirements, incentives, and process for the Density Bonus 90 (DB90) District]
THAT[00:35:01]
CONCLUDES OUR PUBLIC HEARING ITEMS, THE NEXT ITEM ON OUR AGENDA IS A STAFF BRIEFING REGARDING THE PROGRAM REQUIREMENTS, INCENTIVES AND PROCESS FOR THE DENSITY BONUS DB 90 DISTRICT.AND WE'LL HEAR FROM MR. BROOKS AND MR. KENNEDY, I HAVE A PRESENTATION I CAN, AMAZING.
ALRIGHT, SO I'M PAUL BOOKS WITH THE PLANNING DEPARTMENT JOINED BY BRENDAN KENNEDY WITH THE HOUSING DEPARTMENT.
UM, YOU CAN GO AHEAD TO THE NEXT SLIDE.
SO WE'RE GONNA BE GIVING YOU A BRIEFING HERE ON THE, UH, DENSITY BONUS 90 OR DB 90 COMBINING DISTRICT.
SO I'LL START WITH A GENERAL BACKGROUND.
IN JUNE OF 2022, CITY COUNCIL MADE CHANGES TO THE VERTICAL MIXED USE OR BMU BONUS PROGRAM THAT INCLUDED A NEW TIER OF THE BONUS PROGRAM THAT ALLOWED FOR AN ADDITIONAL 30 FEET IN HEIGHT BEYOND THE BASE ZONE STANDARD.
UM, AND THAT CHANGE WAS KNOWN AS VMU TWO IN DECEMBER OF 2023, THIS CHANGE AS WELL AS SEVERAL OTHERS WERE INVALIDATED.
AND THEN IN FEBRUARY OF 2024, CITY COUNCIL ADOPTED AN ORDINANCE WHICH CREATED THE DB 90 COMBINING DISTRICT WITH REQUIREMENTS AND INCENTIVES, MIRRORING VM U2 PROVISIONS AVAILABLE CITYWIDE THROUGH THE REZONING PROCESS.
YOU CAN GO AHEAD TO THE NEXT SLIDE.
SO THE AFFORDABILITY AND MIXED USE REQUIREMENTS ARE SIMILAR TO THOSE SEEN IN VM U2 WITH A NEW REQUIREMENT FOR RESIDENTIAL USES.
BEYOND THIRD FLOOR AFFORDABILITY REQUIREMENTS RANGE FROM 10% TO 12% DEPENDING ON MEDIAN FAMILY INCOME, TARGETED AND TENURE.
A FEE IN LIEU OF ONSITE AFFORDABLE UNITS IS AVAILABLE FOR OWNERSHIP DEVELOPMENTS.
AND THEN EXEMPTIONS FROM SITE DEVELOPMENT STANDARDS ARE THE SAME AS THOSE OFFERED UNDER THE VMU TWO PROGRAM, INCLUDING EXEMPTIONS FROM SETBACK REQUIREMENTS, FLORIDA AREA RATIO, MINIMUM SITE AREA REQUIREMENTS AND BUILDING COVERAGE.
THEN HEIGHT RELATED RESTRICTIONS FROM COMPATIBILITY DO NOT APPLY.
HOWEVER, THERE WILL BE A REQUIREMENT FOR A COMPATIBILITY BUFFER THAT WILL DESCRIBE IN A COUPLE SLIDES.
AND SO THIS GIVES AN EXAMPLE OF A ZONING STREAM DEMONSTRATING HOW THE DB 90 COMBINING DISTRICT MAY BE USED IN COMBINATION WITH BASE ZONING DISTRICTS AND OTHER COMBINING DISTRICTS, INCLUDING CONDITIONAL OVERLAYS AND NEIGHBORHOOD PLANS.
UM, BUILDING MASS IS CONTROLLED BY THE MAXIMUM HEIGHT ALLOWED UNDER THE BONUS PROVISIONS AND THE IMPERVIOUS COVER LIMITATION OF THE BASE ZONING DISTRICT, WHICH YOU CAN SEE ON THE CHART IN THE SLIDE.
AND THIS SLIDE PROVIDES AN OVERVIEW OF THE COMPATIBILITY REQUIREMENTS WITHIN THE DB 90 PROGRAM.
UH, PROPERTY LINES SHARED WITH A TRIGGERING PROPERTY WILL BE, UM, COMPRISED OF A 25 FOOT
[00:40:01]
COMPATIBILITY BUFFER, WHICH HAS A 10 FOOT SCREENING ZONE AND A 15 FOOT RESTRICTED USE ZONE.UM, THIS WAS MODELED OFF OF REQUIREMENTS IN THE EAST RIVERSIDE CORRIDOR AS WELL AS THE RECENTLY ADOPTED CHANGES TO THE CITYWIDE STANDARDS.
THE SCREENING ZONE WILL HAVE A MIX OF LARGE AND SMALL TREES AS WELL AS SHRUBS.
THE RESTRICTED USE ZONE COULD CONTAIN CERTAIN LOW INTENSITY USES, SUCH AS TRAILS, DRIVEWAYS, AND FIRE LANES.
UM, NOW I'LL GIVE YOU AN OVERVIEW OF THE DB 90 PROCESS.
SO OWNERS OF ELIGIBLE PROPERTIES MUST REQUEST A REZONING TO ADD THE DISTRICT TO THEIR ZONING STRING.
THE REZONING REQUIRES COMMISSION RECOMMENDATION AND COUNCIL APPROVAL, APPROVAL NOTICE AND PROTEST RIGHTS ARE PROVIDED DURING THE REZONING PROCESS.
UM, ELIGIBLE DISTRICTS ARE LISTED HERE ON THIS SLIDE AND INCLUDE COMMERCIAL BASED ZONING CATEGORIES.
A PROPERTY OWNER MAY REQUEST REZONING INTO AN ELIGIBLE DISTRICT AND ADD THE COMBINING DISTRICT IN THE SAME ACTION.
UM, SO AFTER REZONING IS APPROVED, THE PROPERTY OWNER MUST APPLY FOR CERTIFICATION FROM THE HOUSING DEPARTMENT ONLY AFTER RECEIVING THE REZONING CERTIFICATION LETTER MAY A SITE PLAN BE SUBMITTED UNDER THE DB 90 PROGRAM.
SINCE ADOPTION IN FEBRUARY 43, APPLICATIONS HAVE BEEN SUBMITTED, SEVEN OF THESE PROPERTIES WERE WITHIN THE EXISTING BMU OVERLAY AND UNDER, PREVIOUSLY, UNDER THE PREVIOUSLY ADOPTED BM U2 ORDINANCE REZONING WOULD NOT HAVE BEEN REQUIRED FOR THESE CASES.
25 CASES HAD PREVIOUSLY SUBMITTED A VMU RELATED APPLICATION.
AND THEN THERE ARE 11 NEW REQUESTS SINCE FEBRUARY.
SO WHILE THIS REVIEW OF REZONING CASES IS AN IMPORTANT STEP OF THE PROCESS AND IS A DESIGNED ASPECT OF THE PROGRAM, THIS INFLUX OF APPLICATIONS IS LARGELY DUE TO THIS CHANGE IN THE PROCESS AND IT CAN BE EXPECTED FOR THE NUMBER OF NEW CASES TO SLOW AFTER THE VMU RELATED APPLICATIONS ARE PROCESSED.
AND NOW BRENDAN, WE'LL GO OVER SOME ADDITIONAL DETAILS.
UM, SO AGAIN, BRENDAN KENNEDY WITH THE HOUSING DEPARTMENT, SO I'LL SPEAK ON PROGRAM IMPLEMENTATION.
DB 90 INCLUDES A REQUIREMENT THAT ALL PROPOSALS MUST COMPLY WITH CHAPTER FOUR 18 OF THE CODE, WHICH ESTABLISHES PROCESSES AND STANDARDS, UM, FOR THE AFFORDABLE HOUSING UNITS FOR DENSITY BONUS PROGRAMS. ONE OF THE REQUIREMENTS OF CHAPTER FOUR 18 IS A PRE-APPLICATION CONFERENCE WITH HOUSING STAFF.
UM, WE HAVE A NEW APPLICATION FORM FOR ALL OUR BONUS AND INCENTIVE PROGRAMS THAT LAYS OUT THE PROCESS FOR SETTING UP THIS MEETING PRIOR TO SUBMISSION.
AND THIS ALLOWS US AN OPPORTUNITY TO REVIEW, UM, THE PROCESS FOR CERTIFICATION AND ALL REQUIREMENTS OF THE PROGRAM WITH APPLICANTS BEFORE THEIR SUBMISSION TO THE HOUSING DEPARTMENT.
IT ALSO ESTABLISHES THE CERTIFICATION PROCESS.
MOST NOTABLY, THIS PROCESS REQUIRES EXECUTION BETWEEN THE CITY AND THE PROPERTY OWNER, UH, OF A LEGALLY BINDING LAND USE AND RESTRICTIONS AGREEMENT, OR SIMILAR DOCUMENT THAT, UM, MUST BE EXECUTED PRIOR TO CERTIFICATION, WHICH, UM, BINDS THE OWNER TO THE AFFORDABILITY REQUIREMENTS OF THE PROGRAM.
AGAIN, CERTIFICATION WILL COME POST REZONING AND MUST BE COMPLETED BEFORE A SITE PLAN APPLICATION CAN BE SUBMITTED UNDER DB 90.
UH, THIS SECTION, CHAPTER FOUR 18 ALSO ESTABLISHES GENERAL PROVISIONS THAT GOVERN THE NATURE AND QUALITY OF THE AFFORDABLE UNITS.
UM, THIS INCLUDES REQUIREMENTS ON DISTRIBUTION AND SHARED ACCESS FOR AFFORDABLE UNITS, UH, COMPARABLE UNIT QUALITY AND SIZE.
UM, IT ALSO INCLUDES A PROHIBITION ON SOURCE OF INCOME DISCRIMINATION.
SO PROPERTY MANAGERS MUST ACCEPT HOUSING CHOICE VOUCHERS AND SIMILAR.
UM, ADDITIONALLY, IT DOES REQUIRE INCLUSION FOR AFFORDABLE UNITS OF A TENANT PROTECTION LEASE ADDENDUM, WHICH IS ESTABLISHED, UH, THROUGH OUR RENTAL HOUSING DEVELOPMENT ASSISTANCE AND SIMILAR, UH, CITY FUNDING PROGRAMS FOR FUNDED PROPERTIES.
AGAIN, THESE REQUIREMENTS WILL ALL BE MEMORIALIZED IN THAT LAND USE AGREEMENT THAT WE MENTIONED THAT MUST BE SIGNED DURING THE PROCESS.
UH, FOUR 18 ALSO ESTABLISHES A COMPLIANCE PENALTY, UH, BOTH FOR FAILURE TO PROVIDE COMPLIANCE DOCUMENTATION AND A PENALTY FOR NOT MEETING AFFORDABILITY REQUIREMENTS CAN MOVE TO THE NEXT SLIDE.
SO IN TERMS OF WHERE DENSITY BONUS PROGRAMS FIT IN OUR OVERALL, UM, CITY HOUSING STRATEGY, WE KNOW THAT NO ONE TOOL IS A, A PANACEA FOR ALL AFFORDABLE HOUSING POLICY GOALS.
DENSITY BONUS PROGRAMS LIKE DB 90 ARE ONE TOOL THAT WE HAVE IN THE TOOLKIT.
THE STRATEGIC HOUSING BLUEPRINT HAS ESTABLISHED THAT, UM, MORE HOUSING AT ALL INCOME LEVELS IS NEEDED IN THE CITY OF AUSTIN, UH, AND THAT WE NEED TO USE ALL AVAILABLE TOOLS TO GENERATE AFFORDABLE HOUSING, ESPECIALLY DENSITY BONUS PROGRAMS ARE DESIGNED TO GENERATE AFFORDABLE
[00:45:01]
HOUSING UNITS WITHOUT THE NEED FOR ADDITIONAL PUBLIC, UH, SUBSIDY OR FUNDS AND EXPANDING OVERALL OPPORTUNITIES FOR HOUSING OPPORTUNITIES IN A WAY THAT ALSO ALIGNS WITH CITY, UM, TRANSIT AND BROADER HOUSING GOALS.BEYOND DENSITY BONUS PROGRAMS. UH, AS YOU ALL MAY BE AWARE, THE CITY DOES LEVERAGE LOCAL AND FEDERAL FUNDING SOURCES TO GENERATE, UH, DEEPLY AFFORDABLE HOUSING ALONG WITH NUMEROUS OTHER STRATEGIES LIKE LAND ACQUISITION AND, AND MORE BEYOND THAT.
YOU CAN MOVE TO THE NEXT SLIDE.
SO WE HAVE SEEN THAT EXISTING, UH, THE EXISTING VERTICAL MIXED USE DENSITY BONUS PROGRAM HAS BEEN SUCCESSFUL AS A DENSITY BONUS.
UM, IT HAS, UH, GENERATED AND CONTINUES TO GENERATE ROBUST PARTICIPATION.
THAT PARTICIPATION HAS GENERATED TRANSIT SUPPORTIVE HOUSING, UM, WITH AFFORDABLE UNITS.
AND THE GOAL THEN IS FOR DB 90 TO MIRROR THAT SUCCESS AND CONTINUE WORKING TOWARDS OUR CITY'S HOUSING GOALS.
UH, YOU CAN MOVE TO THE NEXT SLIDE, WHICH IS JUST, UH, HOW TO REACH US, HOW TO CONTACT US IF YOU HAVE FURTHER QUESTIONS.
AND, UH, THE NEXT SLIDE SHOULD I BELIEVE CONCLUDE, CONCLUDE OUR PRESENTATION.
AND MR. BROOKS, DO ANY PLANNING COMMISSIONERS HAVE QUESTIONS? AND JUST TO NOTE, SINCE WE ARE SO TIGHT ON QUORUM, IF OUR VIRTUAL COMMISSIONERS COULD COME ON SCREEN, THAT WOULD BE GREAT.
AND DO WE HAVE ANY QUESTIONS FOR OUR STAFF PRESENTERS? YES, COMMISSIONER JOHNSON.
YEAH, THANK YOU FOR YOUR TIME.
UH, I'M JUST CURIOUS, YOU MENTIONED THERE ARE PENALTIES IN FOUR 18 FOR NON-COMPLIANCE.
CAN YOU SPEAK JUST A LITTLE BIT TO WHAT THOSE ARE AND, AND IF THEY'RE SORT OF PROPORTIONAL, AND I WOULD HATE TO HAVE SOME NOMINAL THING THAT FOLKS JUST THINK OF AS THE COST OF DOING BUSINESS WHEN IT SHOULD IN FACT BE A
SO FOUR 18 ESTABLISHES TWO SEPARATE PENALTIES.
THE FIRST IS FOR, UM, PROVIDING, UH, INCOME VERIFICATION DOCUMENTATION TO THE CITY, BUT, UM, FINDING THAT YOU DON'T MEET THE AFFORDABILITY REQUIREMENTS IN WHAT YOU'RE PROVIDING.
THE PENALTY FOR THAT IS THAT THE PREVIOUS 12 MONTHS WILL NOT BE COUNTED TOWARD YOUR REQUIRED AFFORDABILITY PERIOD.
UM, AND THE THE LAND WILL THEN BE, UM, BOUND BY THOSE AFFORDABILITY RESTRICTIONS FOR AN ADDITIONAL PERIOD.
UM, THE, UH, ADDITIONAL PENALTY THAT'S ESTABLISHED IS FOR FAILURE TO PROVIDE DOCUMENTATION WHEN REQUESTED.
UM, AND THAT IS ESTABLISHED IN ORDINANCE IS A $500 PER DAY, UH, PENALTY.
ANY OTHER COMMISSIONERS WITH QUESTIONS? COMMISSIONER MAX? COMMISSIONER MAXWELL? UM, YEAH, I HAD A COUPLE OF QUESTIONS AND I, I'M GETTING AHEAD OF MYSELF, BUT, UM, I WOULD SERVE ON, UH, QUOTE CODES AND SHORT ORDINANCE.
AND WE DID SEE THAT THERE ARE SOME UPDATES TO DB COMING TO DB 90, AND I KNOW THAT'S ACTUALLY GONNA BE DISCUSSED AT OUR NEXT PLANNING COMMISSION.
SO NO NEED TO GO INTO DEPTH, BUT JUST SOME, MAYBE DESCRIBE SOME TWEAKS THAT YOU ALL ARE SEEING THAT YOU MIGHT NEED TO INCORPORATE WOULD BE GREAT.
YEAH, SO WE WILL BE DISCUSSING THAT FOR ACTION ON THE THE NEXT PLANNING COMMISSION MEETING.
UM, BUT I CAN JUST GIVE A HIGH LEVEL SUMMARY.
SO THE CHANGES WOULD MATCH THE GROUND FLOOR COMMERCIAL REQUIREMENTS WITH WHAT IS ALREADY IN PLACE WITHIN THE VERTICAL MIXED USE DENSITY BONUS PROGRAM.
UM, IT WOULD ALSO ADD ADDITIONAL COMMERCIAL USES FOR OFFICE BASED ZONING DISTRICTS.
UM, AGAIN, FROM THE VERTICAL MIXED USE DENSITY BONUS PROGRAM.
UM, IT WILL ALSO ALIGN COMPATIBILITY SCREENING REQUIREMENTS WITH AMENDMENTS MADE TO THE CITYWIDE POLICY BASED OFF OF PLANNING COMMISSION'S RECOMMENDATION AS WELL AS CITY COUNCILS.
UM, AND THEN CLARIFY THE USE OF THE CONFLICTING REGULATIONS PROVISIONS TO MAKE SURE THAT IT ONLY APPLIES TO SITE DEVELOPMENT STANDARDS.
AND THEN I'M I'M JUST MORE CURIOUS, GENERALLY SPEAKING, WE'VE SEEN SOME NEW INTERESTS AS EVIDENCED BY SOME OF THE APPLICATIONS THAT HAVE COME IN THAT DID NOT HAVE THE V IN THEIR STRING NECESSARILY.
AND I'M JUST CURIOUS IF YOU ALL THINK THAT THAT'S, BECAUSE WHAT IS IT, UH, HOW IS DB 90 ATTRACTING MAYBE SOME NEW APPLICANTS TO THIS? AND IF YOU ALL HAVE THOUGHTS ABOUT THAT? SURE.
SO, UM, ONE COMPONENT, UM, THAT HAS CHANGED FROM THE PREVIOUSLY ADOPTED BM U2 ORDINANCE IS THE, UH, CHANGE TO THE COMPATIBILITY STANDARDS.
THE HOUSING DEPARTMENT HAD ESTIMATED THAT, UM, THE PREVIOUS REQUIREMENTS, UM, LED TO A CAPACITY LOSS OF ABOUT 2,700 AFFORDABLE UNITS.
THEY ESTIMATED 11% OF THE TOTAL UNITS LOST.
SO THAT CHANGE TO COMPATIBILITY, UM, WOULD, UM, IS AN INCREASED INCENTIVE OVER THE VM U2 PROGRAM.
AND THE REASON I FOLLOW UP QUESTION IS THAT WE WOULD EXPECT, HOPEFULLY THEN WITH THE STEVIE 90, GIVEN THE NEW INTEREST THAT WE'LL CONTINUE TO SEE THE SUCCESS OF THE AFFORDABLE HOUSING UNITS CONTINUE TO COME, EVEN THOUGH THIS IS A CHANGE.
I GUESS THAT'S WHAT WE'RE TRYING TO CONFIRM.
YES, AND I I THINK BRENDA, IF YOU WANT TO EXPAND ON THAT AS WELL.
A AGAIN, THE DENSITY BONUS PROGRAMS ARE MEANT TO, UM, PROVIDE INCENTIVES THAT, UH, ALLOW FOR GENERATION OF AFFORDABLE HOUSING UNITS WITHOUT NEED FOR SUBSIDY.
[00:50:01]
SO UNLOCKING THOSE ADDITIONAL INCENTIVES AND INCREASING PARTICIPATION WILL, UM, WE ANTICIPATE RESULT IN ADDITIONAL AFFORDABLE UNITS.I THINK WE AS, UH, AS PLANNING COMMISSIONERS HAD A CONCERN WHEN WE LOST VM U2 THAT HAD BEEN SUCH AN EFFECTIVE TOOL AND THEN WE HAD SOME ZONING CASES WHERE WE REALLY DIDN'T HAVE THAT TOOL IN OUR TOOLBOX ANYMORE.
SO IT'S GREAT TO HAVE DB 90 COMING BACK.
AND I THINK THAT'S PROBABLY THE BIGGEST THING WE WANNA HIGHLIGHT IS TO SEE THE, CONTINUE TO SEE THOSE AFFORDABLE UNITS COMING IN, THE INTEREST IN THE PROGRAM, BECAUSE OBVIOUSLY HAVING A TOOL THAT'S EFFECTIVE IN, IN GENERATING THOSE UNITS TO YOUR POINT, IS REALLY THE KEY THING HERE.
SO AGAIN, IF YOU ALL, I THINK IT'S GREAT THAT WE'RE ALREADY SEEING A FIRST ROUND OF CHANGES, BUT I THINK JUST TO KEEP IN MIND THAT IF WE DID NEED ADDITIONAL RE REVISIONS GOING FORWARD BECAUSE WE SAW A FALL OFF IN INTEREST OR OTHER TOOLS BEING USED INSTEAD, THAT WOULD BE REALLY HELPFUL FOR US TO UNDERSTAND.
SORRY, THOSE ARE MY CHAIR QUESTIONS.
THANK YOU COMMISSIONER MAXWELL.
ANY OTHER COMMISSIONERS WITH QUESTIONS FOR OUR STAFF? YES, I SEE COMMISSIONER PHILLIPS.
SO, SO I HAVE A QUESTION ABOUT THE VMU AND DENSITY BONUS AND WHATEVER THE PRECURSORS WERE TO THIS PROGRAM.
DO WE HAVE A OVERVIEW OF HOW MUCH AFFORDABLE HOUSING HAS BEEN GENERATED THROUGH THESE KINDS OF PROGRAMS? LIKE SAY A 20 YEAR, 10 YEAR, FIVE YEAR OVERVIEW? SO WE HAVE AN, I I DON'T KNOW IF WE CAN PULL IT BACK UP.
WE HAD PROVIDED AN OVERVIEW OF THE ORIGINAL VMU ORDINANCE, UM, WHICH I BELIEVE WAS, IS BEEN IN EFFECT, I, I FORGET THE EXACT NUMBER OF YEARS.
THE CURRENT ITERATION OF IT WAS ESTABLISHED, UM, IN 2013, BUT, BUT HAD BEEN IN EXISTENCE FOR, UM, SEVERAL YEARS BEFORE THAT AS WELL.
THIS IS A CURRENT PRODUCTION, UM, FOR VMU, SPECIFICALLY FOR THAT VM U2 ORDINANCE, UM, THAT WAS MENTIONED.
WE DID NOT, UM, BECAUSE THAT ORDINANCE WAS INVALIDATED, HAVE THE OPPORTUNITY TO HAVE ANY CERTIFICATIONS, UM, OR APPLICATIONS GO ALL THE WAY THROUGH THE PROCESS TO GAUGE PARTICIPATION IN THAT PROGRAM AT THE TIME IT WAS INVALIDATED.
UM, SO WHILE THE STANDARDS ARE SLIGHTLY DIFFERENT BETWEEN THESE TWO PROGRAMS, PARTICIPATION IN VMU IS KIND OF OUR, OUR BEST METRIC.
AND, AND THESE THAT ARE BEING SHOWN ON THE SCREEN NOW, UM, REFLECT WHAT THAT PARTICIPATION LOOKED LIKE.
SO JUST HELP ME UNDERSTAND WHAT I'M LOOKING AT PLEASE.
AND THAT IS BECAUSE MY QUESTION IS HOW MUCH AND HOW MANY, HOW MUCH, UH, AFFORDABLE UNITS HAVE BEEN CREATED BY THESE KINDS OF PROGRAMS OVER WHAT PERIOD OF TIME TRYING TO JUST GET A HANDLE ON HOW EFFECTIVE OR THIS IS IN TERMS OF MEETING DEMAND AND DO WE HAVE SOMETHING THAT TALKS ABOUT DEMAND VERSUS WHAT HAS BEEN GENERATED? SURE.
SO THE VMU, WHAT YOU'RE LOOKING AT HERE, UH, THE LEFT HAND, UM, COLUMN IN LIGHT BLUE SHOWS THE UNITS THAT HAVE BEEN COMPLETED AND ARE CURRENTLY BEING LEASED.
SO THAT SHOWS A LITTLE OVER 2,500 AFFORDABLE UNITS GENERATED BY THAT PROGRAM.
WE ALSO HAVE UNITS THAT ARE CURRENTLY IN THE PIPELINE 733 OF WHICH ARE UNDER CONSTRUCTION 995 OF WHICH, UM, HAVE BEEN CERTIFIED BUT ARE STILL IN SOME PRE-DEVELOPMENT PHASE.
UM, SO THOSE ARE JUST THE AFFORDABLE UNITS THAT HAVE BEEN GENERATED.
MY UNDERSTANDING, UM, IS THAT, YES, SO THIS ORIGINAL ORDINANCE WAS ESTABLISHED IN 2006.
UM, IT DOES FOR DEVELOPMENT TAKE A A FEW YEARS FOR, UM, DEVELOPMENT TO COME ONLINE AND BE CONSTRUCTED, BUT THAT'S THE TIME PERIOD WE ARE LOOKING AT FOR THE VMU PROGRAM.
IT'S ONLY ONE OF A NUMBER OF DENSITY BONUSES THAT WE HAVE AND THEY ALL ARE MEANT TO SUPPORT, UM, CERTAIN HOUSING POLICY GOALS.
FOR EXAMPLE, WE'VE GOT AFFORDABILITY UNLOCKED, UH, WE HAVE THE SMART HOUSING PROGRAM, WE ALSO HAVE DENSITY BONUSES FOR CERTAIN REGULATING PLANS LIKE OUR EXISTING TODS NORTH BURN GATEWAY.
UM, I DON'T HAVE THOSE NUMBERS FOR ALL THE UNITS THAT HAVE BEEN GENERATED BY DENSITY BONUS PROGRAMS AT THE MOMENT.
UM, BUT AGAIN, VMU IS SORT OF THE, THE BEST EXISTING COMP THAT WE HAVE.
AND THIS IS SHOWING THE PRODUCTION OF THAT PROGRAM SINCE 2006.
IF YOU'RE CURIOUS ABOUT HOW THIS FITS INTO, UM, SORT OF OUR BROADER WORK TOWARD AFFORDABLE HOUSING GOALS, I DO KNOW THAT DENSITY BONUS UNITS ARE, UM, INCORPORATED AND I BELIEVE, UM, MAY BE COUNTED IN ANNUAL REPORTS FOR THE STRATEGIC HOUSING BLUEPRINT.
AND, AND YOU MAY BE ABLE TO SEE THE, UH, THE IMPACT OF THOSE PROGRAMS ON OUR AFFORDABLE HOUSING GOALS THROUGH THAT.
SO I'M TRYING TO GET OUT JUST SOME, SOME NUMBERS AND SOME, YOU KNOW, LIKE WE KNOW WE'VE PREPARED FIGURES ABOUT THE HOUSING
[00:55:01]
CRISIS AND WE NEED 120,000, UH, HOUSING UNITS.UM, BUT YOU KNOW, IN THE NEXT, OVER THE NEXT, WHAT, FIVE TO 10 YEARS, SO WE, YOU KNOW, THIS CHART IN A VACUUM DOES NOT SAY MUCH TO WHETHER OR HOW WE'RE DOING WHAT, HOW WE'RE DOING IT, MEETING THAT DEMAND, WHAT OUR METRICS ARE, AND IS THERE ANY WAY, IS THERE ANY REPORT THAT WE CAN HAVE THAT CAN GIVE US THE WHOLE VIEW ABOUT WHAT WE HAVE AND WHAT WE NEED SO THAT WE KNOW HOW WE'RE DOING ALONG THAT TRAJECTORY? DID AM I, I MAY NOT BE CLEAR.
SO TELL ME IF I'M NOT BEING CLEAR.
'CAUSE I'D LIKE TO BE CLEAR IN THAT QUESTION.
YEAH, NO, I, THAT'S, UH, PERFECTLY CLEAR.
SO I, I THINK THE BEST TOOL WE CURRENTLY HAVE, THE REPORT IS THAT, UH, STRATEGIC HOUSING BLUEPRINT THAT, UM, THE CITY HAD PURSUED, UH, WHICH A LOT OF THE DATA FOR IS, UM, PROVIDED BY HOUSING WORKS, UH, NONPROFIT LOCAL PARTNER WHO HELPS WITH THAT TOOL.
THEY PRODUCE ANNUAL REPORTS ON, UM, THE, THE CITY HAD ESTABLISHED GOALS WHEN THE BLUEPRINT WAS FIRST IMPLEMENTED AND SINCE THEN THEY'VE BEEN PRODUCING ANNUAL REPORTS ON HOW MANY UNITS FOR, UM, EACH INCOME TARGET CATEGORY HAVE BEEN PRODUCED.
SO THAT WOULD BE A GREAT RESOURCE.
I KNOW THE CITY IS LOOKING AT, UM, AFTER A FEW YEARS OF THE BLUEPRINT BEING IN EFFECT REEVALUATING, UM, THE GOALS AND LOOKING AT THAT ONCE MORE.
UM, BUT CERTAINLY IF THAT'S THE TYPE OF BROADER HOLISTIC LOOK THAT YOU'RE LOOKING FOR, THE STRATEGIC HOUSING BLUEPRINT IS A GREAT RESOURCE.
SO THEN HOW DOES THE CITY DETERMINE IF IT'S DONE BY A PRIVATE ENTITY OUTSIDE OF THE CITY? HOW DO YOU GUYS IN YOUR DEPARTMENT OR THE CITY ANYWHERE DETERMINE HOW EFFECTIVE OR NON-EFFECTIVE THESE PROGRAMS ARE? SO WE DO WORK, THE, THE CITY HAS BEEN A PARTNER WITH HOUSING WORKS, UM, IN THIS.
THEY, THEY SIMPLY HELP WITH SOME OF THE, THE DATA AND REPORTING ANALYSIS, BUT THE CITY IS WORKING HAND IN HAND WITH THEM ON THAT REPORT.
UM, AND THAT DOES INFORM A LOT OF OUR DECISIONS ON HOW WE'RE MEETING POLICIES.
UM, PAUL ALSO MAY BE ABLE TO SPEAK ON EFFORTS THAT, UH, THE PLANNING DEPARTMENT IS DOING, UM, FOR CURRENT, CURRENT EVALUATION OF THE EFFECTIVENESS AND PARTICIPATION OF OUR EXISTING, UH, DENSITY BONUS PROGRAMS SPECIFICALLY.
SO I'LL, I'LL LET PAUL SPEAK TO THAT.
YEAH, AS BRENDAN MENTIONED, WE'RE CURRENTLY WORKING WITH CONSULTANTS ON A COMPREHENSIVE LOOK AT ALL OF OUR DENSITY BONUS PROGRAMS ON THEIR EFFECTIVENESS, PARTICIPATION RATES, CALIBRATION AND THE LIKE.
UM, SO THAT IS CURRENTLY IN THE WORKS, UM, AND WE, UH, ANTICIPATE SOME RECOMMENDATIONS COMING FROM THAT PROCESS.
UM, DO YOU KNOW WHEN THAT WOULD BE AVAILABLE FOR US TO LOOK AT? I MEAN, I MEAN HOW DOES THE PUBLIC OR ANYONE ELSE REALLY GET AN IDEA OF HOW THE CITY IS EVALUATING THIS, THESE, ALL OF THESE PROGRAMS? I KNOW THAT THEY ARE INDIVIDUALLY GOOD PROGRAMS, THEY SOUND LIKE VERY GOOD PROGRAMS, BUT IF THERE'S NO WAY TO SAY WHAT THE DEMAND IS AND HOW WE ARE MEETING THAT DEMAND OR NOT MEETING THAT DEMAND, THEN IT BECOMES DIFFICULT TO KNOW HOW EFFECTIVE THEY ARE OVERALL.
UH, ALAN PINEY WITH THE PLANNING DEPARTMENT AS WELL, I'M LEADING THE COMPREHENSIVE, UH, APPROACH TO THE DENSITY PROGRAMS, PROGRAMS THAT PAUL MENTIONED.
THE REPORTING IS ANTICIPATED TO BE PROVIDED AT THE END OF THE YEAR.
UM, WE ARE KIND OF IN THE BEGINNINGS, PER SE, OF THE ANALYSIS OF OUR CURRENT PROGRAMS AND THAT WILL INCLUDE, LIKE HE SAID, PARTICIPATION, UM, HOW THEY'RE WORKING CALIBRATION FOR THEM.
SO, UH, A FEW MONTHS AWAY, BUT END OF THE YEAR IS OUR GOAL.
COMMISSIONER PHILLIPS, I SAW COMMISSIONER COX HAD HIS HAND RAISED.
APOLOGIES IF, IF YOU'VE COVERED THESE ALREADY, THESE TOPICS ALREADY BECAUSE I JOINED A LITTLE LATE.
WE, WE'VE, WE'VE RECEIVED SOME FEEDBACK FROM THE PUBLIC ON A, ON A COUPLE OF RECENT CASES IN THE LAST FEW MONTHS WHERE, UM, THEY ACTUALLY KIND OF DID A, A, A, A MORE FINITE REVIEW OF THE MEDIAN HOUSEHOLD INCOME WITHIN A CERTAIN AREA OR CERTAIN DISTRICT OR SOMETHING SMALLER THAN WHAT WE USED FOR THE CITY AS A WHOLE, AND DISCOVERED THAT THAT THESE DENSITY BONUS PROGRAMS IN CERTAIN AREAS ARE ACTUALLY PRODUCING UNITS THAT ARE ABOVE THAT NEIGHBORHOOD'S, UH, MEDIAN INCOME, UM, AND KIND OF CONTRIBUTING TO THE WHOLE GENTRIFICATION OR DISPLACEMENT ISSUE, UH, THAT IS
[01:00:01]
PARALLELING OUR HOUSING SUPPLY ISSUE.AND SO I'M CURIOUS IF ANY OF OF THE DB 90 OR ANYTHING WE HAVE ADDRESSES THAT PROBLEM.
UM, AND IF NOT, IF, IF, IF STAFF OR STAFF'S CONSULTANTS ARE POTENTIALLY LOOKING INTO THAT PROBLEM AND, AND POTENTIAL SOLUTIONS TO THAT.
SO I KNOW ONE SOLUTION THAT'S IMPLEMENTED WITH DB 90, UM, IS TO INCLUDE SOURCE OF INCOME PROTECTIONS THAT ALLOW, UH, OR RATHER REQUIRE PROPERTY MANAGERS TO ACCEPT TENANTS WHO USE, UM, HOUSING CHOICE VOUCHERS, UM, OR OTHER FORMS OF RENTAL SUBSIDY THEY CAN HELP, UM, EVEN IF THEY'RE AT A LOWER INCOME BRACKET ACCESS, UM, AN MFI LEVEL THAT MAY BE SLIGHTLY ABOVE WHAT THEY COULD AFFORD WITH JUST THEIR, UM, STANDARD INCOME.
SO THAT IS ONE PROTECTION WE'VE MADE SURE TO ADD TO DB 90 THAT DOES ALLOW SOME OF THOSE DEEPER INCOME LEVELS TO ACCESS THOSE UNITS.
UM, I CAN'T SPEAK TO DISCUSSIONS ABOUT APPLYING MORE NEIGHBORHOOD OR AREA SPECIFIC MFIS.
I I DON'T KNOW IF THAT'S A CONVERSATION THAT'S BEEN HAD BY LAW DEPARTMENT OR OTHERS BECAUSE I, I DO UNDERSTAND IT MAY RAISE FAIR HOUSING OR CONCENTRATION OF POVERTY ISSUES.
UM, BUT IN TERMS OF THE SPECIFIC PROGRAM IMPLEMENTATION, AGAIN, THE GOAL OF THESE PROGRAMS IS TO PRODUCE INCOME RESTRICTED UNITS.
UM, AND IN CALIBRATING THOSE, THEY HAVE TO BE AT LEVELS THAT CAN BE SUPPORTED WITHOUT ADDITIONAL PUBLIC SUBSIDY.
THAT'S, THAT'S THE GOAL OF THESE SPECIFIC PROGRAMS. AND WE HAVE, UM, FOUND THAT 50% AND 60% MFI IS THE LEVEL THAT'S ATTAINABLE FOR THAT, UM, TYPE OF STRUCTURE.
THE SOURCE OF INCOME PROTECTIONS THEN ARE WHAT ALLOW THOSE UNITS TO POTENTIALLY BE AVAILABLE TO, UH, HOUSEHOLDS WITH, WITH LOWER INCOME LEVELS.
THANKS FOR THAT, THAT, THAT MAKES A LOT OF SENSE.
UM, UH, I, A FELLOW COMMISSIONER'S QUESTION GOT ME CURIOUS ABOUT KIND OF THE, THE ENFORCEMENT SIDE OF THIS AS, AS WE PRODUCE MORE AND MORE AND MORE INCOME RESTRICTED HOUSING THROUGH THESE PROGRAMS, UM, DO DOES THE CITY FORESEE ENFORCEMENT ISSUES, UH, HAVE, HAVE Y'ALL HAD, UH, HAVE Y'ALL HAD TO TAKE AN INCREASING NUMBER OF ENFORCEMENT ACTIONS? AND, AND THEN I GUESS TAGGED ONTO THAT IS YOU, YOU MENTIONED, I THINK IT WAS $500 A DAY AS A PENALTY FOR NOT MEETING THE REQUIREMENTS.
UM, IS THAT ALSO FREQUENTLY CALIBRATED BECAUSE I COULD POTENTIALLY EXTRAPOLATE THAT OUT ON AN ANNUAL BASIS AND, UM, WHO KNOWS, THERE COULD BE MONEY TO MAKE, UH, BY JUST PAYING THE FINE, UH, DEPENDING ON THE COST OF HOUSING.
SO IF YOU COULD JUST ADD ANYTHING TO THAT DISCUSSION.
SO I WILL START BY SAYING CHAPTER FOUR 18 WAS VERY RECENTLY, UH, APPROVED BY COUNSEL AND THE $500 A DAY PENALTY FOR NOT PROVIDING DOCUMENTATION IS TO MY UNDERSTANDING A NEW PENALTY THAT WAS ESTABLISHED.
SO WE HAVEN'T HAD THE OPPORTUNITY TO GAUGE HOW OFTEN THAT MAY COME INTO EFFECT, UM, BECAUSE IT WILL TAKE, UM, YOU KNOW, SOME TIME FOR THOSE UNITS TO ACTUALLY BEGIN LEASING UNDER THIS PROGRAM.
UM, WHAT I WILL SAY MORE BROADLY IS, UH, WE ACTUALLY JUST DUE TO STAFF CAPACITY DO HAVE A, A SEPARATE TEAM FROM MY OWN THAT HANDLES MONITORING.
UM, WE HAVE NOT ENCOUNTERED IT.
IT'S DIFFICULT FOR ME TO CHARACTERIZE BECAUSE IT'S, IT'S NOT MY OWN AREA OF EXPERTISE.
I WOULDN'T SAY WE'VE ENCOUNTERED, UM, SIGNIFICANT CONCERNS WITH NON-COMPLIANCE THAT WE'VE SEEN FROM OUR KIND OF PROGRAM IMPLEMENTATION STANDPOINT.
WE'RE ALWAYS PURSUING NEW AVENUES TO GET INFORMATION OUT THERE ABOUT NEW REQUIREMENTS TO PROPERTY MANAGERS.
AND MY OWN PERSONAL IMPRESSION IS THEY'RE GENERALLY WHEN TAKING OVER A PROPERTY WITH INCOME RESTRICTED UNITS, UM, VERY, VERY HELPFUL IN WORKING WITH US TO TRY TO PROVIDE THOSE AND, YOU KNOW, MAKE SURE THAT AFFORDABLE UNITS ARE AVAILABLE TO THE PUBLIC.
I CAN'T SPEAK TO NUMBERS AGAIN ON, YOU KNOW, WHAT THAT'S LOOKED LIKE FROM THE MONITORING TEAM'S PERSPECTIVE, BUT, UM, CERTAINLY I'VE ALREADY HAD COMMUNICATIONS, YOU KNOW, WITH THEM TO MAKE SURE THEY'RE PREPARED FOR NEW PROGRAM REQUIREMENTS AND ANY INFLUX OF AFFORDABLE UNITS THAT MAY COME, UM, ONCE THE UNITS COME ONLINE, CERTAINLY IF WE SEE ISSUES WE'LL WE'LL BE SURE TO ADDRESS THAT.
YEAH, IT'D BE, IT'D BE GREAT TO HAVE THAT AS PART OF ANY SORT OF LIKE REPORTING THAT Y'ALL DO JUST TO, JUST TO MAKE SURE THAT WE'RE KEEPING UP WITH ENFORCEMENT.
I KNOW WE HEAR A LOT ABOUT ENFORCEMENT ISSUES ON EVERYTHING ELSE RELATED TO ZONING, SO WE DON'T WANT THIS TO BECOME ANOTHER, YOU KNOW, KIND OF LAGGING, UH, ENFORCEMENT ISSUE.
AND THEN ONE LAST QUICK QUESTION IF I MAY.
HOW, HOW, UM, OFTEN DOES STAFF ANTICIPATE CALIBRATING
[01:05:01]
DB 90 AND DENSITY BONUS PROGRAMS IN GENERAL? AND, AND THE BACKGROUND OF THAT QUESTION IS ESSENTIALLY, I UNDERSTAND THAT THERE'S A LOT OF NEGATIVE PRESSURE ON DEVELOPMENT RIGHT NOW.UM, AND MY CONCERN IS THAT WE'RE GOING TO CALIBRATE THINGS BASED ON THE LAST ONE OR TWO YEARS OF THE DEVELOPMENT ENVIRONMENT, WHICH HAS NOT BEEN VERY FAVORABLE, BUT THEN WE MAY SEE INTEREST RATES GO DOWN LATER THIS YEAR AND, YOU KNOW, THINGS CAN ALWAYS CHANGE PRETTY RAPIDLY AND I DON'T WANT US TO MISS OUT ON THE OPPORTUNITY TO TAKE ADVANTAGE OF A MORE FAVORABLE DEVELOPMENT ENVIRONMENT TO ACHIEVE MORE AFFORDABLE UNITS.
AND SO COMMISSIONER COX, THE, THE BOWSER DID GO OFF, SO IF YOU WANNA JUST RESTATE YOUR QUESTION QUICKLY, STAFF CAN GO AHEAD AND ANSWER IT OR AS COLLABORATION.
WE HAVEN'T DETERMINED THAT PERIOD OF TIME, WHETHER IT WOULD BE ANNUALLY, EVERY TWO YEARS OR WHAT THAT PERIOD IS, BUT THE GOAL IS TO HAVE A PROCESS THAT IS REPEATABLE AND THAT WE CAN DO CONSISTENTLY, LIKE YOU SAID, TO ADJUST TO THE MARKET CONDITIONS.
ANY OTHER COMMISSIONERS WITH QUESTIONS FOR STAFF? GOT THREE, FOUR MORE SLOTS IF ANYONE.
UM, SEEING NONE, WE DO NOT NEED TO TAKE ANY ACTION ON THIS ITEM, SO WE'LL MOVE ON TO OUR WORKING GROUP
[20. Codes and Ordinances Joint Committee]
AND COMMITTEE UPDATES.THE FIRST IS THE CODES AND ORDINANCES JOINT COMMITTEE.
SO THAT WOULD BE, UH, COMMISSIONER IS ANDERSON OR MAXWELL THAT YES, THANK FIRST THANK YOU.
AND I'M ACTUALLY HAPPY TO REPORT THAT WE HAD A BRIEFING ON DV 90 AND THE UPDATES THAT ARE COMING AT CGOC, WHICH WILL BE AT COUNCIL, AT COMMISSION AT OUR NEXT MEETING.
UM, AND THOSE ARE AS, AS EXPLAINED SOME, UM, INITIAL CHANGES TO THE PROGRAM TO BASICALLY BE INTO COMPLIANCE WITH SOME OTHER THINGS THAT HAVE, UH, TAKEN, TAKEN PLACE AT COUNCIL.
SO THE FULL COMMISSION SHOULD GET A CHANCE TO REVIEW THAT NEXT TIME.
THANK YOU COMMISSIONER MAXWELL AND THANK YOU STAFF FOR YOUR PRESENTATION.
[21. Comprehensive Plan Joint Committee]
TO COMPREHENSIVE PLAN JOINT COMMITTEE UPDATES.SO THIS WOULD BE COMMISSIONER COX PHILLIPS OR JOHNSON.
WE HAVE, UH, I BELIEVE OUR MEETING IS IN TWO WEEKS.
UM, SO WE DON'T HAVE ANY UPDATES AT THIS TIME.
[22. Joint Sustainability Committee]
IS JOINT SUSTAINABILITY COMMITTEE.WE HAVE A MEETING TOMORROW EVENING AND I WILL HAVE A FUTURE AGENDA ITEM RELATED TO APPOINTING A NEW PLANNING COMMISSIONER TO SERVE ON THE JOINT SUSTAINABILITY COMMITTEE, SUSTAIN THE NEXT ITEM IS
[23. Small Area Planning Joint Committee]
THE SMALL AREA PLANNING JOINT COMMITTEE.SO THIS WOULD BE BARRERA RAMIREZ, OR HOWARD.
WE FAILED TO GET A QUORUM FOR THE LA LAST MEETING AND SO IT'S GONNA BE RESCHEDULED.
[24. South Central Waterfront Advisory Board]
THE SOUTH CENTRAL WATERFRONT ADVISORY BOARD COMMISSIONER MAXWELL.UM, OUR MOST RECENT MEETING WAS CANCELED, SO WE WILL HAVE AN UPDATE HOPEFULLY IN AUGUST.
[25. City of Austin Buildings Working Group ]
CITY OF AUSTIN BUILDINGS WORKING GROUP, SO THAT WILL ALSO BE COMMISSIONER MAXWELL.UM, WE HAVE NOT MET, BUT I DID WANNA NOTE THAT DOUGHERTY ART CENTER IS ONE OF THE ITEMS THAT WE'LL BE TAKING UP.
SO NOW THAT, THAT HAS BEEN POSTPONED.
[26. Outreach and Procedures Working Group]
THE OUTREACH AND PROCEDURES WORKING GROUP.SO UPDATES FROM COMMISSIONERS, COX OR PHILLIPS.
UH, WE, WE DON'T HAVE ANY UPDATE AT THIS TIME.
I THINK IT'S BEEN A STRUGGLE TO GET EVERYONE TOGETHER DURING THE SUMMER, SO HOPEFULLY WE'LL HAVE TIME TO GET TOGETHER SOON.
[27. Budget Working Group]
MAXWELL, WOULD YOU LIKE TO GIVE US AN UPDATE ON THE BUDGET WORKING GROUP? YES.UM, UH, THE COMMISSIONER, UM, WOODS AND I HAVE DONE SOME WORK ON GETTING THOSE RECOMMENDATIONS TOGETHER, AND WE WILL BE CIRCULATING THEM AGAIN FOR REVIEW AT THE NEXT PLANNING COMMISSION MEETING AND HOPEFULLY TAKING A VOTE SO WE CAN PROVIDE THAT TO CITY STAFF PRIOR TO THE BUDGET DISCUSSION STARTING IN JULY.
[28. 2024 Technical Building Code Updates Working Group]
THE TECHNICAL BUILDING CODE UPDATES WORKING GROUP.I THINK, UH, COMMISSIONER MAXWELL, YOU'RE UP, UNLESS COMMISSIONER SKIDMORE OR COMMISSIONER JOHNSON WOULD LIKE TO PROVIDE AN UPDATE, UM, NO.
I, AND I DO HAVE AN UPDATE JUST FOR OUR FELLOW COMMISSIONERS.
I DID CONFIRM WITH DSD STAFF THAT THEY'RE PLANNING TO DO THEIR PRESENTATION ON, UM, AT THE JULY 9TH MEETING.
SO I WILL BE DOING SOME OUTREACH TO GET US, UH, SOME MEETINGS SCHEDULED BETWEEN NOW AND THEN.
[FUTURE AGENDA ITEMS]
ON TO FUTURE AGENDA ITEMS, AND JUST TO NOTE THAT WHILE WE CAN DISCUSS FUTURE AGENDA ITEMS HERE, STAFF HAS ALSO REQUESTED THAT TO ENSURE THE ITEMS ARE INCLUDED, WE, UH, EMAIL THEM DIRECTLY, THOSE REQUESTING THE AGENDA ITEM.UH, SEND A CONFIRMATION EMAIL TO STAFF AFTER THE MEETING OUTLINING WHAT THE ITEM IS AND WHO THE SPONSOR AND CO-SPONSOR ARE FOR EACH ITEM.
[01:10:01]
THAT BEING SAID, ARE THERE ANY FUTURE AGENDA ITEMS FOR DISCUSSION? I WILL GO AHEAD AND REQUEST AN ITEM TO APPOINT A MEMBER OF THE PLANNING COMMISSION TO SERVE ON THE JOINT SUSTAINABILITY COMMITTEE AS I'M STEPPING OFF OF THAT COMMITTEE.SO THAT'S A MOTION BY MYSELF, COMMISSIONER WOODS, SECONDED BY COMMISSIONER MAXWELL.
AND WE'LL GO AHEAD AND SEND AN EMAIL WITH THAT REQUEST AS WELL.
UH, CAN I ADD AN AGENDA ITEM REGARDING THE BUDGET WORKING GROUP RECOMMENDATIONS AND THAT IT BE A VOTING ITEM FOR THE NEXT MEETING, AND THAT WE'LL SHARE THOSE RECOMMENDATIONS WITH THE FELLOW COMMISSIONERS.
ANY OTHER FUTURE AGENDA ITEMS FROM THE COMMISSION? YES.
UH, I, I WOULD LIKE TO GET A FUTURE AGENDA ITEM ON THE, UH, UM, AN OVERVIEW ON THE STRATEGIC HOUSING BLUEPRINT WITH HOUSING WORKS OR FROM THE CITY STAFF SO THAT WE CAN GET, UM, AN IDEA ABOUT HOW WE ARE NEEDING DEMAND IN TERMS OF AFFORDABLE HOUSING.
UM, YOU KNOW, IN LOOKING AT THE CITY, UH, DEMOGRAPHICS, WE KNOW THAT THE CITY OF AUSTIN IS LOSING BLACK AND BROWN CHILDREN, UH, AND FAMILIES.
THEY ARE BEING, THEY ARE MOVING AS THE, UH, I'M GLAD THE SCHOOL DISTRICT TRUSTEE IS WITH US.
THEY ARE MOVING BEYOND THE CITY LIMITS TO FIND HOUSING.
SO I JUST WOULD LIKE TO KNOW HOW WE'RE DOING IN MEETING THE DEMAND THAT, UH, WE HAVE ON THIS, ON THIS FRONT.
I'LL LOOK FOR A SECOND FOR THAT FUTURE AGENDA ITEM SECOND FROM COMMISSIONER COX.
AND JUST A REMINDER TO PLEASE EMAIL THAT FUTURE AGENDA ITEM TO STAFF BEFORE THE NEXT MEETING.
UM, IDEALLY A WEEK BEFORE THE NEXT MEETING.
ANY OTHER FUTURE AGENDA ITEMS? OKAY, SEEING NONE, I NOW THIS MEETING, COMMISSIONER WOODS? SORRY.
UM, I JUST WANNA CONFIRM, SO YOU ARE OFFICIALLY RESIGNING TODAY FROM THE, OR YOU'RE NO LONGER A REPRESENTATIVE FOR THE JOINT SUSTAINABILITY COMMITTEE? I WILL BE AT THE MEETING TOMORROW, AND THEN AS OF THE EIGHTH, 27TH OF THIS MONTH, I WILL BE STEPPING DOWN FROM THE JOINT SUSTAINABILITY COMMITTEE.
THANK YOU FOR THAT CLARIFICATION, CHRIST.
I NOW JOIN THIS MEETING OF THE PLANNING COMMISSION AT 7:21 PM THANK YOU FOR YOUR PATIENCE WITH ME.