[00:00:03]
[CALL TO ORDER]
THE COUNCIL CHAMBER BOARD AND COMMISSIONS ROOM.NOW, CALL THIS MEETING OF THE PLANNING COMMISSION TO ORDER AT 6:11 PM FIRST OF WE'LL TAKE ROLL, ROLL CALL.
PLEASE ACKNOWLEDGE YOUR PRESENCE WHEN I CALL YOUR NAME.
COMMISSIONER, WE DIDN'T HEAR YOU.
CAN Y Y'ALL HEAR ME RIGHT NOW? SO A LITTLE BIT.
LET'S JUST, WE'LL WORK ON THAT.
I'LL TRY TO SPEAK UP A LITTLE.
I'D ALSO LIKE TO RECOGNIZE OUR EX OFFICIO MEMBERS.
CAN YOU SAY SOMETHING? CHAIR AND TRUSTEE.
PER USUAL, TONIGHT'S MEETING WILL BE HYBRID, ALLOWING FOR VIRTUAL QUORUM AS LONG AS THE COMMISSIONER IS SERVING AS CHAIR IS PRESENT, AND THE CHAMBERS AS SUCH.
WE HAVE COMMISSIONERS HERE IN THE CHAMBERS AND ATTENDING VIRTUALLY SIMILAR SPEAKERS COULD ALSO BE PRESENT HERE IN THE CHAMBERS OR PARTICIPATE VIRTUALLY.
UM, FOR FOLKS STANDING, IT'S A, IT'S A BIG CROWD TONIGHT.
SO, UH, THERE, THERE'S ALSO TVS OUTSIDE.
WE'RE GONNA TAKE THESE IN ORDER.
IF YOU WANNA SIT OUTSIDE, YOU'RE WELCOME TO.
IF YOU WANNA HANG OUT IN HERE, THAT'S FINE AS WELL.
THERE'S A COUPLE MORE CHAIRS BACK THERE.
UH, VIRTUAL COMMISSIONERS, PLEASE HAVE YOUR GREEN, YELLOW, AND RED ITEMS FOR VOTING READY TO GO.
ALSO, PLEASE REMAIN MUTED WHILE YOU'RE NOT SPEAKING, AND RAISE YOUR HAND IF YOU CARE TO BE RECOGNIZED.
IF I MISS YOU, PLEASE, UH, JUST SHOUT OUT.
LET ME KNOW THAT YOU'RE THERE.
IF YOU'RE SIGNED UP TO SPEAK, YOU'LL RECEIVE AN EMAIL PRIOR TO COMM, UH, TO THE COMMISSION TAKING UP YOUR ITEM.
IF YOU'RE ATTENDING VIRTUALLY, UH, SPEAKERS CAN DONATE TIME, BOTH SPEAKERS DONATING TIME AND THE SPEAKING.
UH, SPEAKER RECIPIENT MUST BE PRESENT IN PERSON.
I'LL HAVE ASSISTANCE FROM MS. CORONA WHO WILL BE ANNOUNCING THE SPEAKERS DURING THE PUBLIC HEARING.
[PUBLIC COMMUNICATION: GENERAL]
COR, DO WE HAVE ANYONE SIGNED UP FOR PUBLIC COMMUNICATION? UM, YES.WE HAVE TWO PEOPLE SIGNED UP FOR PUBLIC COMMUNICATION.
UM, THE FIRST IS DANIEL YANES SPEAKING VIRTUALLY.
UH, DANIEL, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
MR. YEZ, WE'RE NOT HEARING YOU.
IF YOU'RE SPEAKING THE STAR, I LEFT OUT THE STAR.
I, UH, I'M THE CHAIR OF THE RIVER BLUFF NEIGHBORHOOD ASSOCIATION, AND OUR NEIGHBORHOOD ASSOCIATION IS PART OF THE GO VALLEY JOHNSON TERRA NEIGHBORHOOD CONTACT TEAM.
AND I'M, UH, ASKING THE COMMISSION AND THE CITY COUNCIL TO, UH, POSTPONE ALL DB 90, UH, UH, UH, CASES.
AND, UH, UH, A DIRECTED CITY MANAGER TO CONDUCT AN IMPACT STUDY OF WHAT ALL OF THAT WOULD DO, BECAUSE THE DB 90, UH, IS A SUBSTITUTE FOR THE BMU TWO, WHICH WAS SHOT DOWN IN COURT.
AND, UH, AND THIS IS ANOTHER WAY TO GET AROUND OUR NEIGHBORHOOD PLANS, WHICH ARE THE, THE VISIONS FOR OUR NEIGHBORHOODS.
AND THEY'RE STILL YET TO BE FULFILLED.
AND, UH, THE PROPERTIES THAT ARE COMING UP ARE ALL OVER THE CITY, NOT JUST HERE.
SO, UM, THANK YOU VERY MUCH FOR YOUR TIME, AND I WOULD BE HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE.
THE NEXT SPEAKER IS MARIO CANTU.
MARIO, YOU'LL HAVE THREE MINUTES.
MARIO, YOU CANTU FROM SOUTH AUSTIN.
I JUST WANTED TO SPEAK A LITTLE BIT TONIGHT ABOUT THE IMPACT OF, UH, CONTRACTORS AND WORKERS THAT ARE GOING TO A LOT OF THESE SITES.
UH, IT'S VERY IMPORTANT THAT THE APPLICANTS THAT ARE HERE AND CONTRACTORS THAT ARE HERE TONIGHT TO REALLY PAY ATTENTION TO THIS POWERPOINT PRESENTATION.
UM, AS YOU CAN SEE, A LOT OF THOSE VEHICLES, UH, I'M, I'M, IT'S EVERY ONE OF THOSE VEHICLES, RIGHT? THERE ARE CONTRACTORS EXCEPT FOR THE WHITE
[00:05:01]
ONE THAT'S GOING THROUGH THE NEIGHBORHOOD.THIS IS A, A NEW, UH, DEVELOPMENT THAT'S ALMOST COMPLETED, BUT AS YOU CAN SEE, THERE'S A LOT OF VEHICLES THAT ARE PARKED ON THE SIDE OF THE STREET.
UH, IT IMPACTS A LOT OF THE NEIGHBORHOODS, A LOT OF THE, UH, PEDESTRIANS MOVING IN AND OUT OF THOSE, THESE AREAS.
UM, AND THEN ALSO, IF YOU REALLY LOOK AT REALLY CLOSELY, THERE'S OFTENTIMES A LOT OF TRASH FROM A LOT OF THE CONTRACTORS AND INDIVIDUALS HAVING LUNCH, UH, CLOSE TO THEIR VEHICLES AND, AND JUST KIND OF REALLY THROWING THINGS OFF TO THE SIDE.
AND THIS IS JUST RIGHT AT THAT INTERSECTION, AND YOU CAN SEE THE AMOUNT OF VEHICLES THAT ARE JUST BEING PARKED OFF TO THE SIDES AND, AND REALLY TEARING UP A LOT OF THE AREAS AND THE IMAGE OFF TO YOUR LEFT, THAT, THAT IT'S ALL THOSE VEHICLES ARE ACTUALLY PARKED OVER A SIDEWALK.
I GUESS THE GOOD THING IS THAT THAT SIDEWALK'S NOT REALLY BEING USED, AND IT IS NOT A, A REALLY LONG SIDEWALK.
SO, UM, FOR RIGHT NOW, I GUESS IT'S OKAY, BUT IF, IF IT'S NOT OKAY, IT'S, IT'S NOT A GOOD SITUATION.
SO THIS IS JUST RIGHT AROUND THE CORNER.
UH, THIS IS GONNA BE ANOTHER PROJECT, UM, ABOUT, I'D SAY FIVE TIMES BIGGER PROJECT.
YOU'RE LOOKING MAYBE ABOUT 1200 UNITS, 900 FEET.
UH, WHERE'S THE PARKING GONNA BE FOR THIS? AND THAT'S, THAT SEEMS TO BE THE CRUX THAT WE HAVE WITH NEIGHBORHOODS.
UH, IS DO WE HAVE OFFSITE PARKING FOR THESE INDIVIDUALS OR ARE WE JUST GONNA ALLOW THEM PARK IN THE STREET? YOU KNOW, WHAT'S THE LOGISTICS? THERE'S A LOT OF LOGISTICS THAT GOES IT ON WITH THIS, THAT WE NEED THE APPLICANTS AND THE, AND THE CONTRACTORS TO FIGURE OUT BEFORE THESE THINGS TAKE PLACE, THESE DEVELOPMENT SNAKES.
IT'S JUST RIGHT THERE WHERE YOU JUST SAW THAT THE CRANE AT.
AND AS YOU CAN SEE OFF THE LEFT, THERE'S ALREADY VEHICLES ALREADY PARKING ON THE OTHER SIDE OF THE STREET.
UH, AND THEN IN PICTURE NUMBER TWO ON THE, ON THE FAR RIGHT, THERE'S VEHICLES PARKED ON THE LEFT SIDE OF THE STREET.
SO IS THAT WHOLE ENTIRE STREET GONNA BE, UH, A PARKING LOT? IS IT GONNA LOOK LIKE, UH, SOME KIND OF M MUSIC VENUE WHERE EVERYBODY CAN JUST FREE FOR ALL PARK ON ANY PART OF THE STREET AT ANY TIME OF THE DAY? UH, ANOTHER IMPACT, UH, THAT WE'RE ALSO SEEING IS A LOT OF, UH, LAYING OF CONCRETE AT TWO, FOUR O'CLOCK IN THE MORNING THAT ARE KEEPING NEIGHBORS AWAKE.
UH, ALSO WE'RE HEARING, UH, LOUD SOUNDS, NOT NECESSARILY FROM THIS ONE, BUT IN THE PAST, UH, OF SOUNDS OF, UH, IMPACTING INTO THE CONCRETE AND, AND KIND OF, YOU KNOW, BRINGING THE, THE, THE DIRT UP IN ORDER TO, TO GET THE DEVELOPMENT, UH, ESTABLISHED.
AND IT'S MAKING A LOT OF NOISE AND INCONVENIENCES.
[APPROVAL OF MINUTES]
FIRST ITEM ON THE CONSENT AGENDA IS GONNA BE APPROVAL OF THE MINUTES FROM THE JUNE 25TH, 2024 MEETING.DOES ANYONE HAVE ANY EDITS TO THESE MINUTES? OKAY, HEARING NONE.
THESE ITEMS ARE ACCEPTED AND PLACED ON THE CONSENT AGENDA.
[Consent Agenda]
OUR FIRST ACTIVITY IS TO VOTE ON THE CONSENT AGENDA, ITEMS THAT ARE ON CONSENT APPROVAL, DISAPPROVAL, POSTPONEMENTS OF PUBLIC HEARING, OR NON-DISCUSSION ITEMS, UH, COMMISSIONER, OR EXCUSE ME, VICE CHAIR ZA, WILL READ THE PROPOSED CONSENT AGENDA AND IDENTIFY THOSE THAT ARE CONSENT POSTPONEMENT AND NON-DISCUSSION.UM, FOR THE MEETING MINUTES, UM, DID YOU SAY THE JUNE 11TH AND THE 25TH? DO WE NEED TO DO BOTH? UM, SO I BELIEVE WE WERE JUST ASKING FOR APPROVAL ON THE JUNE 11TH MEETING.
UM, AND THEN THE JUNE 25TH, WE WERE ASKING TO POSTPONE THOSE, PLEASE.
ANY OBJECTION TO US RECONSIDERING THAT ITEM AND MAKING THAT JUNE 20, OR EXCUSE ME, THE JUNE 11TH AND NOT JUNE 25TH.
WE'LL DO THAT AND WE'LL PLACE THAT ON THE CONSENT AGENDA.
COMMISSIONER ZARK, COULD YOU READ THE CONSENT AGENDA? YES.
UM, SO THE, UH, ITEM NUMBER TWO, THESE ARE PUBLIC HEARING.
ITEM NUMBER TWO NPA DASH 2023 DASH 0 0 0 2 EAST SECOND STREET, 23 300 BLOCK DISTRICT FEE.
THIS ITEM IS UP FOR STAFF, UH, POSTPONEMENT DUE, UM, JULY 23RD.
ITEM NUMBER THREE IS C 14 DASH 2024 DASH 0 0 2 7 E CESAR CHAVEZ, 2300 BLOCK DISTRICT THREE.
THIS ALSO IS UP FOR, UH, STAFF POSTPONEMENT TO JULY 23RD.
I NUMBER FOUR IS, UH, ANNUAL PLAN AMENDMENT NP DASH 2024 DASH ZERO TWO FIVE OH ONE EIGHTY NINE HUNDRED AND EIGHTY NINE FIFTY SIX WEST, UM, SH, HIGHWAY SEVEN, MULTIFAMILY DISTRICT EIGHT.
THIS ITEM IS UP FOR CONSENT NEIGHBORHOOD POSTPONEMENT TO JULY 23RD.
I NUMBER FIVE IS THE ASSOCIATED ZONING CASE, C 14 DASH 2024 DASH ZERO THREE TWO EIGHTY NINE HUNDRED AND EIGHTY NINE FIFTY SIX WEST SH HIGHWAY 71 MULTIFAMILY DISTRICT EIGHT.
THIS ITEM IS ALSO UP FOR NEIGHBORHOOD POSTPONEMENT TO, UM, JULY 23RD.
I NUMBER SIX IS A NEIGHBORHOOD PLAN AMENDMENT
[00:10:02]
NPA DASH 2020, UH, NP DASH 2024 DASH 0 0 16 0 1 SH 59 4900 GONZALEZ REDEVELOPMENT DISTRICT THREE.THIS ITEM IS UP FOR DISCUSSION.
THE ASSOCIATED ZONING CASE IS C 14 DASH 20 24 19 SH 4,900 GONZALEZ REZONING DISTRICT THREE.
THIS ITEM NUMBER SEVEN IS ALSO UP FOR DISCUSSION.
ITEM NUMBER EIGHT IS AN N-P-A-N-P-A DASH 2024 DASH 0 0 1 16 0 2 5200 EAST FIFTH STREET, DISTRICT THREE.
THIS ITEM IS UP FOR DISCUSSION.
THE ASSOCIATED ZONING CASE, SLIDE NUMBER NINE C 14 DASH TWO FOUR DASH 0 3 7 5200 EAST FIFTH STREET, DISTRICT THREE.
THIS ITEM IS ALSO UP FOR DISCUSSION.
HIGH NUMBER 10 IS AN NPA, UM, THAT'S NPA DASH 2023 DASH 0 0 0 5 0.011 TOPLESS FAIRWAY MIXED USE DISTRICT THREE.
THIS ITEM IS UP FOR A NEIGHBORHOOD POSTPONEMENT TO JULY 23RD.
HIGH NUMBER 11 IS THE ASSOCIATED ZONING CASE, C 14 DASH 2024 DASH 0 1 5 1 TOPLESS FAIRWAY MIS MIXED USE DISTRICT THREE.
THIS ITEM IS ALSO UP FOR NEIGHBORHOOD POSTPONEMENT TO JULY 23RD.
ITEM NUMBER 12 IS, IS ZONING CASE C 14 DASH 2 24 DASH 0 0 0 7 12 0 9 WEST FIFTH STREET, DISTRICT NINE.
THIS ITEM IS UP FOR DISCUSSION I NUMBER 13, UM, IS ALSO ZONING CASE C 14 DASH 2023 DASH 0 3 9, OAK CREEK VILLAGE, PHASE TWO DISTRICT THREE.
THIS ITEM IS UP FOR NEIGHBORHOOD POSTPONEMENT TO UM, EIGHT 13.
ITEM NUMBER 14 IS THE ZONING KC 14 DASH 2020 DASH 0 3 1 EE FIVE 80 X REZONE DISTRICT THREE.
ITEM NUMBER 15 IS C 14 DASH 2024 DASH 0 7 0 3 1 1 7 AND 3 1 2 1 EAST 12TH STREET DISTRICT ONE.
THIS ITEM IS UP FOR DISCUSSION.
ITEM NUMBER 16 IS C 14, UH, DASH 2024 DASH 0 5 8 43 0 2 SOUTH CONGRESS AVENUE DISTRICT THREE.
UM, ITEM NUMBER 17 IS ALSO IS ZONING CASE C 14 DASH 20 24 0 0 6 0 5 2 1 2.
THIS ITEM IS UP FOR CONSENT I NUMBER 18.
THIS IS ZONING CASE C 14 DASH 2 2 4 0 0 DASH 0 0 6 4 6 0 2 GAYLER STREET, DISTRICT FOUR.
I NUMBER 19 IS ZONING CASE C 14 DASH 2024 DASH 0 0 6 5, UH, 6 0 6 GAYLOR STREET, DISTRICT FOUR.
I NUMBER 20 IS ALSO ZONING KC 14 DASH 2024 DASH 0 8 5 714 TURTLE CREEK MULTIFAMILY DISTRICT TWO.
THIS ITEM IS UP FOR CONSENT I NUMBER 21 IS C 14 DASH 2023 DASH 0 1 35, 1500 1600 ROYAL CREST DISTRICT THREE.
THIS ITEM IS FOR NEIGHBORHOOD POSTPONEMENT TO, UH, AUGUST 13TH.
I NUMBER 22 IS AN APPEAL HR DASH 2024 DASH 0 4 7 9 9 8 PR DASH 2024 DASH 0 4 3 5 4 9 11 0 7 EAST 10TH STREET, BUILDING TWO, DISTRICT ONE.
THIS ITEM IS UP FOR DISCUSSION I NUMBER 23 IS AN LDC AMENDMENT.
UM, THAT'S LDC AMENDMENT C 20 DASH 2024 DASH ONE DB 90 REVISIONS.
THIS ITEM IS UP FOR DISCUSSION I NUMBER 24 IS ALSO AN LDC AMENDMENT C 20 DASH 2023 DASH 0 26 LIVE MUSIC AND CREATIVE SPACE BONUS PHASE TWO.
THIS ITEM IS UP FOR CONSENT PLANNING COMMISSION POSTPONEMENT TO JULY, UH, SORRY, AUGUST 13TH.
ITEM NUMBER 25 IS LDC AMENDMENT C 20 DASH 2023 DASH 0 4 5, SITE PLAN, LIGHT PHASE TWO, AND INFILL LOTS.
THIS ITEM IS UP FOR DISCUSSION TONIGHT.
ITEM NUMBER 26 IS LOCAL AMENDMENTS, INTERNATIONAL RESIDENTIAL AND INTERNATIONAL BUILDING CODE.
THIS ITEM IS UP FOR CONSENT OF, UH, PLANNING COMMISSION POSTPONEMENT TO AUGUST 13TH.
IN ADDITION TO THESE PUBLIC HEARING ITEMS CHAIR, WE'RE ALSO ASKING THAT THEIR RECOMMENDATIONS FROM THE BUDGET WORKING GROUP THAT WILL BE ITEM NUMBER 27, ARE ALSO ADDED TO THE CONSENT AGENDA.
VICE CHAIR, DO ANY COMMISSIONERS NEED TO RECUSE OR ABSTAIN THEMSELVES FROM ANY ITEMS ON THE AGENDA? HEARING NONE, MS. CORONA, DO
[11. Rezoning: C14-2024-0015 - Montopolis-Fairway Mixed Use; District 3]
WE HAVE SPEAKERS SIGNED UP TO SPEAK ON SOME OF THE CONSENT ITEMS? UM, ON ITEM 11, WE HAVE LORRAINE ATHERTON SIGNED UP TO SPEAK IN OPPOSITION.LORRAINE ATHERTON ALSO SIGNED UP TO SPEAK IN OPPOSITION FOR ITEM 14.
[00:15:01]
A COUPLE PEOPLE SIGNED UP ON ITEM 16 IN OPPOSITION.AFTER WE HEAR THOSE SPEAKERS, THE COMMISSION CAN EITHER LEAVE THOSE ON CONSENT OR PULL THOSE ITEMS. OKAY.
WOULD YOU LIKE ME TO CALL SPEAKERS FROM ITEM 11? OKAY, THAT'D BE GREAT.
LORRAINE ATHERTON SPEAKING IN OPPOSITION.
LORRAINE, YOU WILL HAVE THREE MINUTES.
LORRAINE, ARE YOU PRESENT? OKAY, MOVING ON TO
[16. Rezoning: C14-2024-0058 - 4302 S. Congress Avenue; District 3]
ITEM 16.UM, MARIO CANTU SPEAKING IN OPPOSITION.
UM, MARIO, YOU WILL HAVE FIVE MINUTES AS THE PRIMARY SPEAKER, AND THIS IS FOR ITEM 16.
GOOD EVENING PLANNING COMMISSIONERS.
I'M CHAIR OF THE SOUTH CONGRESS NEIGHBORHOOD PLAN CONTACT TEAM.
I JUST WANTED TO SPEAK, UH, SPEAK BRIEFLY TONIGHT ABOUT, I'M SORRY, MR. CANTU, REAL QUICK.
I THOUGHT WE PULLED ITEM 1916.
SORRY, I, IS THIS FOR ITEM 16? YES.
UM, COMMISSIONER ARD, ISN'T THIS AN ITEM THAT WE ARE GONNA PULL FOR DISCUSSION? I'M GONNA LOOK AT IT, BUT I BELIEVE THIS IS ACTUALLY ON CONSENT IF IT'S ITEM NUMBER 16.
UH, I JUST WANTED TO SPEAK, UH, BRIEFLY ABOUT THIS CASE.
UH, WE'VE BEEN IN CONTACT WITH APPLICANT AND BEEN WORKING TOGETHER IN OTHER CASES AS WELL.
ONE, ONE THING THAT JUST REALLY PLAGUES US ON, ON THIS, AND WE'VE HAD CONVERSATIONS WITH APPLICANT AS WELL, AND SHE'S, THEY'RE AWARE, IS THE HEIGHT.
THE HEIGHT IS AT 90 FEET, UH, ON THAT SOUTH CONGRESS CORRIDOR.
ALL OF THE BUILDINGS THAT ARE THERE ARE AT 60 FEET.
UH, AND SO THIS IS GONNA TOWER ALL THE OTHER BUILDINGS.
AND THAT'S JUST KIND OF, FOR US, IT JUST WOULD BE SOMETHING KIND OF ODD, UH, AS FAR AS THE WAY IT'S GONNA BE SET IN THAT PARTICULAR AREA.
UH, WE'RE, WE'RE GONNA MOVE ON AND KEEP WORKING WITH THE APPLICANT ON THIS CASE.
UH, AND OF COURSE, I'M SURE YOU'VE HEARD US TALK MANY TIMES BEFORE, BUT THE REAL AFFORDABILITY IS, IS ALSO ANOTHER BIG ASPECT OF THIS.
AND, YOU KNOW, WE NEED TO REALLY DIG DEEPER WHEN IT COMES TO AFFORDABILITY AND MAXIMIZE.
UH, I, I THINK THE KEY WORD IS TO MAXIMIZE THE AMOUNT OF AFFORDABILITY THAT WE'RE GONNA BE ABLE TO GET, NOT JUST IN, IN CASES THAT WE'VE DEALT WITH, BUT IN, IN ANY AND EVERY OTHER CASE IN THIS CITY.
BECAUSE WE, WE HAVE A, A VERY PARTICULAR PROBLEM GOING ON WITH AFFORDABILITY IN THIS CITY.
AND IF, AND I WILL REACH OUT TO THE COMMISSIONERS AND SAY THIS TO EACH COMMISSIONER THAT THAT'S HERE PRESENT TONIGHT, IS THAT WE NEED YOUR HELP AS WELL.
UH, WE, WE NEED YOUR HAND TO, TO PUSH AND MAKE SURE THAT WE'RE GETTING THE MAXIM MAXIMUM AMOUNT AFFORDABILITY ON EACH AND ONE OF THESE CASES.
UH, BECAUSE IF, IF WE'RE JUST GONNA GIVE JUST A SMALL AMOUNT OF AFFORDABILITY, IT'S NOT GONNA MAXIMIZE THROUGHOUT TIME.
AND I, I THINK THAT'S WHERE WE LOST A LOT OF THE AFFORDABILITY THROUGHOUT TIME THROUGH THE LAST FIVE AND 10 YEARS, IS THAT WE JUST KIND OF, WELL, WE'RE JUST GONNA GO AHEAD AND TAKE CARE OF THIS.
AND WE GOT A LITTLE BIT OF AFFORDABILITY AND, AND THAT'S IT.
WE, IT WAS NEVER BEING MAXIMIZED.
WE, WE TRIED TO MAXIMIZE, BUT IT WAS DIFFICULT FOR US TO MAXIMIZE BECAUSE WE WEREN'T GETTING THE HELP THAT WE NEEDED IN ORDER TO MAXIMIZE THE AMOUNT OF AFFORDABILITY.
SO I ASK EACH COMMISSIONER, I ASK THE CITY COUNCIL, ASK FOR YOU TO SPEAK TO YOUR CITY COUNCIL MEMBER THAT APPOINTED YOU, UH, TO, TO LET THEM KNOW THAT WE HAVE TO MAXIMIZE.
AND I ASK EVERY NEIGHBORHOOD, EVERY APPLICANT AND EVERY CONTRACTOR THAT'S GONNA BE HERE WORKING ON THESE, UH, BUILDINGS, UH, THAT WE, WE HAVE TO MAXIMIZE IT.
AND, AND BECAUSE IT'S A BIG PROBLEM, THAT'S GONNA BE THE ONLY BIT OF SOLUTION, AND IT'S GONNA BE A DROP IN THE BUCKET.
UNFORTUNATELY, IT'S JUST GONNA BE A DROP IN THE BUCKET, UH, UP FOR AFFORDABILITY.
BUT IF YOU'RE NOT MAXIMIZING THAT, THAT DROP, THEN YOU'RE NOT GONNA GET THE AMOUNT THAT WE REALLY NEED.
UM, SO I, I ASK AGAIN TO DO THAT.
ANOTHER, ANOTHER COMPONENT OF THIS IS THAT WITH EACH AND EVERY ONE OF THESE, UH, BUILDINGS THAT WE'RE SEEING BEING BUILT ON THE SOUTH CONGRESS CORRIDOR, AND, AND I CAN PRETTY MUCH REST ASSURED IN ALL PARTS OF AUSTIN, THERE'S A LOT OF PETS.
WE HAVE A LOT OF DOGS, WE HAVE A LOT OF CA CATS WITH THE CITIZENS THAT ARE RENTING THESE, THESE PLACES, UH, CONDOS.
AND WHETHER IT'S, UH, AN APARTMENT COMPLEX AND WE HAVE TO MAKE SURE THAT THERE'S SUFFICIENT AMOUNT OF, OF SURFACE AREA FOR IN, IN EACH AND ONE OF THESE BUILDINGS FOR THOSE TYPE OF PETS THAT CAN COME OUTSIDE AND KIND OF, YOU KNOW, MOVE AROUND AND DO WHAT THEY NEED TO DO.
[00:20:01]
A COMPLEX THAT DOES NOT HAVE THAT, AND AS COMMISSIONERS WE'RE NOT, WE'RE NOT OVERSEEING THAT PARTICULAR PART, UH, THEN WE'RE GONNA HAVE PROBLEMS WITH THEM GOING OUT INTO OTHER AREAS.AND WE'RE STARTING TO SEE WHERE A LOT OF THE PETS ARE MOVING THROUGH DIFFERENT PARTS OF THE, OF THE, UH, NEIGHBORHOODS.
AND WE'RE STARTING TO SEE BAGS, A LOT OF BAGS JUST BUILDING UP ON THE SIDE OF THE CURBS.
AND WHEN IT RAINS, IT HITS THOSE BAGS.
WHEN THOSE BAGS HIT THE WATERSHED, IT HITS DOWN OVER HERE, RIGHT ACROSS FROM WHERE WE'RE AT RIGHT NOW.
AND SO WE'RE, WE'RE CONTAMINATING THE WATER.
THERE'S A LOT OF LITTLE PROBLEMS THAT WE HAVE THAT, THAT HAVE SOLUTIONS.
AND WE GOTTA MAKE SURE THAT ALL OF US ARE TAKING CARE AND ASKING AND MAKING SURE THAT WE DO HAVE SUFFICIENT, UH, AREAS FOR THOSE DOGS IN, IN PLACES LIKE THAT.
UM, THERE ARE SPEAKERS SIGNED UP FOR ITEM 21.
I THINK THERE SPEAKERS ON 17 AND 20.
SO ARE WE HEARING FROM SPEAKERS IN FAVOR AS WELL FOR ITEMS OR JUST OPPOSITION? I THINK TYPICALLY WE JUST HEAR FOLKS IN OPPOSITION.
UM, SO ITEM 21 IS LORRAINE, AND I DON'T THINK LORRAINE IS PRESENT.
UM, AND THAT WILL BE EVERYONE THAT SIGNED UP ON THE CONSENT AGENDA.
DO ANY COMMISSIONERS WANNA PULL ANY ITEMS OFF THE CONSENT, UH, FOR DISCUSSION? OTHERWISE, HAVE QUESTIONS ON THE CONSENT AGENDA? OKAY.
MR. CHAIRMAN, COMMISSIONER HAYNES.
UM, THANK YOU, MR. CHAIRMAN, UH, FOR ACKNOWLEDGING ME.
UH, YES, I'VE ASKED TO POSTPONE ITEMS NUMBER 6, 7, 8, 9, 12, 15, 22, 23, 25, AND 28.
AND I'D LIKE TO ADD, I'VE, I'VE SENT A COUPLE OF QUESTIONS OUT ABOUT, AND HAVEN'T GOTTEN, UM, ANSWERS ON 27.
UM, AND SO I, MOST OF THOSE ARE DISCUSSION ITEMS. UH, PART OF THE REASON THAT I'VE ASKED TO HAVE SOME TIME AND REVIEW, UM, WE DID NOT GET OUR BACKUP AS
SO COMMISSIONER, REAL QUICK, CAN WE CHECK TO SEE IF THERE'S A SECOND ON THAT? SURE.
UH, PART OF THE REASON THAT, UH, I'M ASKING TO PULL SOME OF THESE IS, UM, WE DID NOT GET OUR BACKUP.
AND I KNOW WE ARE, WE ARE DOWN, UM, AND, AND I KNOW WE ARE STILL GETTING HIT BY, UM, UM, WORKING AND INCREASING WAGES AND INFLATION AND ALL THAT, AND I DON'T WANT TO EXACERBATE THE PROBLEM.
BUT WITH THAT SAID, WE NEED TO GET A, A SEAMLESS AND A, UM, A FULL-TIME POSITION THAT SERVES AS OUR LIAISON THAT CAN COME IN AND MAKE SURE THAT WE HAVE THE INFORMATION, GETTING INFORMATION AT TWO 30 ON OUR 2 32, I THINK IS THE EXACT TIME ON MONDAY AFTERNOON, APPROXIMATELY 30 HOURS BEFORE THIS MEETING IS INSUFFICIENT FOR US TO REVIEW THE MATERIAL AND TO BE ABLE TO MAKE WISE AND SOUND DECISIONS OF THAT MATERIAL.
AND, UM, I BELIEVE THAT WE NEED MORE INFORMATION AND MORE TIME TO REVIEW THAT MATERIAL.
AND SO, GIVEN THAT THOUGH, I WILL TELL YOU THAT IN CONVERSATIONS WITH, UH, OFFICES AND CONVERSATIONS WITH, UM, OTHER FOLKS, I, I, I PUT SOME OF MY PAID WORK TO THE SIDE AND I, I WAS ABLE TODAY TO REVIEW ITEMS, UM, SEVEN AND 12 AND 20 T THREE.
AND I WOULD LIKE FOR THOSE TO NOT BE POSTPONED, BUT THE OTHERS TO CONTINUE.
I WOULD LIKE TO POSTPONE THOSE TO OUR NEXT MEETING, WHICH WAS THE, UH, IF SOMEBODY CAN HELP ME.
THANK YOU, MR. CHAIRMAN, THAT'S MY MOTION.
COULD YOU REPEAT ALL OF THOSE ITEMS AND HOPEFULLY IT'S SAFE TO, TO CALL THAT AS SPEAKER FOUR AS WELL.
[00:25:01]
NOT, UH, CONTINUE TONIGHT TO DO SIX OR SEVEN, BUT POSTPONE 8, 9, 12.NOPE, NOT 12, 8, 9 15, 22, 25, TAKE 27 OFF CONSENT, AND 28.
THAT'S MY MOTION, MR. CHAIRMAN.
UH, ARE THERE ANY QUESTIONS FOR THE MOTION MAKER? I, I'D LIKE, YEAH, IF THE MOTION MAKER COULD REPEAT THAT AGAIN.
I'M TRYING TO PLAY ALONG HERE.
COMM, COMMISSIONER SKIDMORE HAVING A HARD TIME.
WE'RE GONNA HAVE TO HAVE YOU DO START THAT OVER AND WE'RE GONNA TURN THE VOLUME UP AND, OKAY.
CAN Y'ALL HEAR ME NOW? CAN HEAR YOU FINE.
I JUST, I'M TRYING TO KEEP UP WHICH ONES.
WE'RE TALKING ABOUT PULLING FROM CONSENT AND WHICH ONES WE'RE PROPOSING FOR POSTPONEMENT.
AND I'VE JOTTED MY NOTES, BUT I, IT, IT CHANGED EACH TIME.
SO IF YOU COULD REPEAT IT ONE MORE TIME, PLEASE.
UH, UH, ITEMS NUMBER, UH, EIGHT AND NINE.
UH, THIS IS FOR POSTPONEMENT ITEMS NUMBER EIGHT AND NINE TO THE, TO OUR NEXT MEETING, THE 23RD, UH, ITEMS NUMBER, UM, 15.
MR. HAYNES, DO YOU WANT ME TO, I, I TOOK A NOTE IF YOU WANT, I CAN TRY TO HELP ALONG, IF THAT WOULD BE HELPFUL.
THAT WOULD BE, THANK YOU, MR. CHAIRMAN.
SO THIS WOULD BE, SO I DO WANNA SAY, UH, ITEM NUMBER 27 IS OFF, SO THAT DOESN'T NEED A MOTION.
SO 27 IS NO LONGER PART OF THE CONSENT AGENDA.
RECOMMENDATION ITEM NUMBER IS 8, 9 15, 22, 25, AND 28 WOULD BE CONSIDERED FOR POSTPONEMENT.
AND PLEASE CORRECT ME, COMMISSIONER HAYNES, IF I'M WRONG IN ANY OF THAT.
THANK YOU, COMMISSIONER SKIDMORE, ANY MORE QUESTIONS? GREAT.
ANY OTHER QUESTIONS? ANY COMMISSIONERS? COMMISSIONER WOODS.
AND THEN COMMISSIONER COX, JUST FROM A PROCEDURAL STANDPOINT, ARE THESE, SINCE THESE ARE ALL ALREADY DISCUSSION ITEMS, WOULD THIS NOT BE A POSTPONEMENT MOTION THAT WOULD BE MADE AFTER DISCUSSION? BECAUSE WE'RE NOT PULLING ITEMS FROM THE CONSENT AGENDA EXCEPT FOR 27, I WILL SAY BECAUSE, UM, UM, COMMISSIONER WOODS, SINCE THIS IS, WE'RE AT THE CONSENT AGENDA.
IF WE WANT IT AS A BODY, WE CAN ADD THESE INTO THE CONSENT AGENDA AS POSTPONEMENTS, OR TO YOUR POINT, WE CAN GO THROUGH A DISCUSSION AT THAT TIME.
SO IT WOULD BE AT THE MIDDLE OF THE BODY.
SO THE MOTION IS TO ADD THEM TO THE CONSENT AGENDA AS POSTPONEMENTS.
IS IT, IS IT POSSIBLE IN, IN THIS PROCESS AT THIS MOMENT TO ASK STAFF A QUESTION? YOU BET.
UM, I'M JUST, I'M JUST HOPING TO GET SOME CLARITY.
IT, IT SEEMS LIKE A LOT OF THINGS HAVE CHANGED RECENTLY.
AND, UM, WE HAD A PRETTY GOOD SYSTEM FOR LIKE, THE FIRST HOWEVER MANY YEARS I'VE BEEN ON THE PLANNING COMMISSION.
AND, AND IN THE PAST TWO MONTHS OR SO, IT'S BEEN A BIT OF A, I DON'T, I DON'T WANNA SAY A BIT OF A MESS, BUT IT'S, IT'S BEEN, UH, A, A BIT DIFFERENT THAN, THAN WHAT I'M USED TO.
AND SO I'M JUST CURIOUS IF STAFF CAN KIND OF RUN US THROUGH THE EXPECTATION OF WHEN, UH, BACKUP IS POSTED, WHEN WE GET EMAILS INDICATING THE, THE, THE DISPOSITION OF ALL THE CASES.
UM, WHEN, WHEN SHOULD WE EXPECT THOSE ITEMS FOR, FOR EVERY MEETING? JUST SO THAT ALL THE COMMISSIONERS ARE KIND OF CLEAR OF WHAT, WHAT THE EXPECTATIONS SHOULD BE.
HELLO, JULIE HARDEN ZONING OFFICE IN THE PLANNING DEPARTMENT.
UM, YES, WE ARE DOWN A, A PERSON AND SO WE HAVE HAD SOME TRANSITION.
UM, COMMISSIONER HAYNES, YOUR BACKUP.
ERIC AND I WORKED TILL SEVEN 30 ON FRIDAY NIGHT IN HOPES THAT EVERYONE WOULD RECEIVE BACKUP OVER THE WEEKEND.
UM, SO, UH, APOLOGIES IF YOU DIDN'T RECEIVE YOUR BACKUP.
'CAUSE WE WORKED HARD TO MAKE SURE THAT YOU WOULD HAVE IT OVER THE WEEKEND.
UM, SO WE ARE IN TRANSITION, BUT WE ARE HOPING
[00:30:01]
TO MAKE SURE THAT BACKUP IS RECEIVED TIMELY.AND MR. CHAIRMAN, I I, WAIT ONE SECOND.
UH, COMMISSIONER COX, DO YOU HAVE ANY MORE QUESTIONS? SO, IS IS THE EXPECTATION, I MEAN, UNDER NORMAL CIRCUMSTANCES, UM, MS. HARDEN IS THE EXPECTATION THAT, THAT WE ARE TO RECEIVE ALL BACKUP.
AND THEN, UH, KIND OF AN EMAIL WITH DISPOSITION OF CASES BY FRIDAY.
YEAH, CLOSE THE BUSINESS FRIDAY, YES.
UM, AND THAT'S HOW IT HAD HAD BEEN.
AND THAT IS STILL GOING TO BE THE EXPECTATION.
IT DID NOT MAKE IT CLOSE THE BUSINESS, BUT WE STAYED UNTIL SEVEN 30 TO MAKE SURE BACKUP WAS SENT.
SO IT WAS NOT RECEIVED AT FIVE, BUT SEVEN 30 FRIDAY, APPARENTLY THERE WERE SOME COMMISSIONERS THAT DID NOT RECEIVE THAT, BUT IT WAS SENT.
AND, AND, AND SPEAKING OF SOME COMMISSIONERS NOT RECEIVING IT, UM, CAN, YOU DON'T NEED TO CONFIRM NOW, UH, BUT, BUT CAN, CAN Y'ALL GO BACK AND CHECK, OH, WE DID THE LAST EMAILS, UM, BECAUSE I'M GETTING EMAILS FROM OTHER COMMISSIONERS SAYING, DID YOU RECEIVE THIS EMAIL? AND I GO BACK AND WE'RE FORWARDING EACH OTHER STAFF EMAILS BECAUSE FOR SOME REASON THERE SEEMS TO BE AN INTERESTING DISCONNECT THERE.
SO I, I'M NOT SURE WHAT'S GOING ON.
I HOPING, YEAH, I'M NOT SURE WHY THAT'S HAPPENING, BUT IT WAS CHECKED.
EVERYONE WAS SENT THE EMAIL, SO I WASN'T RECEIVED.
I WOULD HAVE NO EARTHLY IDEA, BUT IT WAS CHECKED.
UHHUH,
I DIDN'T RECEIVE BACKUP UNTIL, UM, MONDAY AFTERNOON AND CHAIR REMINDER THAT COMMISSIONER HAYNES, I, I BELIEVE, HAD HIS HAND UP AND WISH TO SAY SOMETHING AS WELL.
THANKS, VICE CHAIR, COMMISSIONER HAYNES AND MR. CHAIRMAN.
I WANNA MAKE ABSOLUTELY CLEAR, 'CAUSE I KNOW THE BOSSES ARE LISTENING, OR THE BOSSES ARE GONNA REVIEW THIS TAPE.
I WANNA MAKE ABSOLUTELY CLEAR AND I WILL CALL IT OUT.
UM, MY CONCERNS WITH ALL OF THE ISSUES HAVE NOTHING RELATED TO JOY.
JOY HARDEN IS A STELLAR EMPLOYEE.
SHE'S, I DID NOT TELL HIM TO SAY THAT.
UM, I CERTAINLY APPRECIATE, AND NOW SHE'S ALL EMBARRASSED.
I I DID NOT TELL HIM TO SAY BOSSES.
SHE'S ALL, AND SHE DID NOT TELL ME TO SAY THIS.
UM, AND I DON'T KNOW WHY SEVERAL OF US ARE NOT GETTING THE EMAILS.
UM, I, I HAVE, I'VE PUT IN A REQUEST TO IT, AND I'VE DONE ALL THAT I'M SUPPOSED TO DO AS A BOARDS AND COMMISSIONER, BLAH, BLAH, BLAH.
AND WITH THAT, AND THE, AND $3 AND 50 CENTS, YOU CAN BUY A CUP OF COFFEE AT STARBUCKS.
UM, SO I, I, I UNDERSTAND WHERE I FALL IN THE PECKING ORDER, BUT, UH, MY, IT, IT HAS NOTHING TO DO WITH ENJOY, UH, FOR THE RECORD, I, I, I, I HAVE NO DOUBT YOU WERE HERE IN THIS BUILDING AT SEVEN 30 ON FRIDAY.
I, UM, UH, YOU ARE DOING YEOMAN'S WORK.
YOU ARE A STAFF PERSON DOWN, AND THAT IS A REFLECTION ON YOU FOR DOING YOUR JOB, DESPITE THE FACT THAT YOUR BOSSES HAVE NOT PROVIDED YOU THE RESOURCES THAT YOU NEED TO DO YOUR JOB.
AND THAT IS MY REASON TO BRING THIS ISSUE UP.
BOSSES OF THE CITY OF AUSTIN, DO YOUR JOB.
GIVE THESE FOLKS THE RESOURCES THEY NEED, AND TREAT THESE FOLKS LIKE HUMAN BEINGS AND ALLOW THEM TO DO THEIR JOBS.
AND PLEASE HIRE SIX RESIDENTIAL REVIEWERS.
WOULD YOU LIKE TO SPEAK? OKAY.
ANYONE ELSE? WE HAVE A COUPLE MORE SPOTS IF ANYONE ELSE WOULD LIKE TO.
I, I JUST WANNA NOTE THAT I DIDN'T, THE BACKUP WASN'T POSTED UNTIL 3:00 PM ON MONDAY, SO I DIDN'T SEE ANY BACKUP UNTIL 3:00 PM SO I'M THE SAME BOAT AS YOU.
SO I WAS SPENDING ALL NIGHT AND EVENING AND ALL DAY TO DAY, DOING MY PAID JOB A LITTLE BIT HERE AND THERE, TRYING TO PIECE EVERYTHING TOGETHER.
ANYONE ELSE? OKAY, WE'RE LOOKING TO POSTPONE ITEMS 8, 9 15 22, 25, 28 TO JULY 23RD, MADE BY COMMISSIONER HAYNES, SECONDED BY COMMISSIONER MUSH.
TYLER, ALL THOSE IN FAVOR IN THE ROOM? OR EXCUSE ME, DO WE WANNA SPEAK FOR AND AGAINST ANYONE? FOUR.
SEEING NONE, EVERYONE IN THE ROOM? RAISE YOUR HAND PLEASE.
[00:35:01]
OKAY, EVERYONE ON THE SCREEN? YOU HAVE THREE IN THE ROOM.KEEP YOUR, KEEP YOUR ITEMS UP IF YOU WOULD.
THE ITEM FAILS WITH COMMISSIONERS, SKIDMORE, AZAR, WOODS, JOHNSON, AND MAXWELL.
WHERE WERE WE? CHAIR? WE WERE, UM, UH, THE CONSENT AGENDA, AND I CAN REPEAT IT AGAIN.
SO WHERE WE'RE AT IS JUST I, BECAUSE WE'VE HAD A DISCUSSION.
I'LL JUST DO IT AGAIN, IT AGAIN, JUST FOR CLARITY.
SO WE'RE, UM, LOOKING AT MEETING MINUTES FROM, UM, SIX 11.
WE'RE LOOKING AT, UH, UH, POSTPONEMENT ON ITEMS TWO AND THREE, THAT STAFF POSTPONEMENT TO 7 23 I NUMBER FOUR, AND FIVE IS NEIGHBORHOOD POSTPONEMENT TO 7 23.
I NUMBER SIX AND SEVEN ARE UP FOR DISCUSSION.
ITEM NUMBER EIGHT AND NINE ARE UP FOR DISCUSSION.
ITEM NUMBER 10 AND 11 ARE UP FOR NEIGHBORHOOD POSTPONEMENT TO 7 23.
ITEM NUMBER 12 IS UP FOR DISCUSSION.
ITEM NUMBER 13, UM, IS UP FOR NEIGHBORHOOD POSTPONEMENT TO EIGHT 13.
ITEM NUMBER 14 IS UP FOR CONSENT.
UM, ITEM NUMBER 15 IS UP FOR DISCUSSION.
ITEM NUMBER 16, 17, 18, 19, 20 ARE FOR CONSENT, 21, NEIGHBORHOOD POSTPONEMENT TO 8 13 22.
DISCUSSION 23, DISCUSSION 24, UH, PLANNING COMMISSION POSTPONEMENT TO 8 13 25.
DISCUSSION 26, PLANNING COMMISSION POSTPONEMENT TO EIGHT, 13 AND 28 IS UP FOR, UM, DISCUSSION.
UH, SO 27 IS UP FOR, SORRY, DISCUSSION.
AND THEN 28 IS UP FOR DISCUSSION AS WELL.
VICE CHAIR AZAR, IS THERE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA AND APPROVE THE MINUTES FROM THE JUNE 11TH MEETING, LOOKING FOR A MOTION AND A SECOND? COMMISSIONER AZAR AND COMMISSIONER MAXWELL.
OKAY, IF NO OBJECTION, ITEM PASSES.
PARDON ME? COMMISSIONER COX SHOWN, NO, SORRY, I, MY MOUTH WASN'T WORKING.
YEAH, I, I OBJECT TO THE PASS.
YEAH, LET'S, LET'S HEAR THIS ITEM.
OKAY, SO LET'S, LET'S DISCUSS THE, UH, CONSENT AGENDA.
I, I JUST WANTED TO MAKE ONE QUICK POINT THAT THAT WASN'T SPOKEN PREVIOUSLY.
THE, THE, THE POSTING OF THE BACKUP IS NOT JUST FOR PLANNING COMMISSION MEMBERS, IT'S ALSO FOR PUBLIC.
AND WE'RE BEING INCREDIBLY UNFAIR TO THE PUBLIC IF THEY DON'T HAVE THE STAFF'S REPORT RECOMMENDATIONS, ALL OF THAT INFORMATION THAT WE GET AND FIND SO VALUABLE IF THEY DON'T HAVE IT OVER THE WEEKEND TO REVIEW.
SO COMMISSIONER, WE DID GO AHEAD AND VOTE ON THAT ALREADY, SO I HEAR YOU AND I VOTED WITH YOU ON THAT, BUT WE'RE GONNA, WE'RE GONNA HEAR THOSE ITEMS TONIGHT.
SO LET'S GO AHEAD AND IF, SO, RIGHT NOW WE'RE, WE'RE LOOKING AT THE CONSENT AGENDA WITH THOSE ITEMS ON THERE.
SO DO WE WANT TO, ANY COMMISSIONERS WANNA TALK ABOUT THOSE OR DO WE WANNA FOR AND AGAINST? ANYONE WANNA SPEAK FOR THE CONSENT AGENDA? ANYONE WANNA SPEAK AGAINST? OKAY.
EVERYONE, FOR THE CONSENT AGENDA, PLEASE SHOW YOUR ITEMS ON THE SCREEN OR RAISE YOUR HAND, TWO IN THE ROOM.
EVERYONE AGAINST PLEASE RAISE YOUR HAND OR SHOW RED.
HOW ARE WE DOING HERE, FOLKS? OKAY, SO EVERYONE FOR AND AGAINST, RAISE ALL YOUR HANDS ALL AT ONCE.
IT JUST, THE DOES HAVE TO BE NOW.
IT DOES, IT DOES NOT HAVE BE, BE OKAY THEN.
I FEEL LIKE I DID NOT HAVE ENOUGH TIME TO REVIEW IT AND I AM AGAINST THE CONSENT AGENDA.
'CAUSE I WOULD'VE RATHER, OKAY, SO IN THE ROOM WE HAVE TWO IN ONE.
SO LET'S HOLD THOSE ITEMS UP FOR ME ON THE, ON THE SCREEN PLEASE.
THAT ITEM PASSES WITH COMMISSIONERS, NATY, BARRERA, COX, AND MUSH TOWER BOATING.
[Items 6 & 7]
DISCUSSION ITEMS. ITEM SIX AND SEVEN, NO IDEA.MARINE MEREDITH PLANNING DEPARTMENT.
ITEM NUMBER SIX IS PLAN AMENDMENT NPA 20 24 0 0 1 6 0 1 SH 4 9 0 0 GONZALES REDEVELOPMENT DISTRICT THREE.
THE PROPERTY IS LOCATED IN THE VALLE JOHNSON TERRACE, COMBINED NEIGHBORHOOD PLANNING AREA.
THE PROPERTY LOCATION IS 4 9 0 0 GONZALES STREET.
[00:40:01]
IS TO CHANGE THE FUTURE LAND.USE MATT FROM CIVIC TO MIXED USE LAND USE, AND IT IS RECOMMENDED BY STAFF.
ITEM NUMBER SEVEN, UH, JONATHAN TOMKO, CITY OF AUSTIN PLANNING DEPARTMENT.
HIS CASE NUMBER C 14 2024 DASH 0 0 1 9 SH.
IT IS A REZONING REQUEST FOR 4,900 GONZALEZ STREET FROM PNP TO CS M-U-V-C-O DB 90.
NP STAFF RECOMMENDS GRANTING THE REQUEST STAFF'S RECOMMENDATION WOULD PROHIBIT THE 24 USES LISTED IN THE STAFF REPORT.
UM, THE PURPOSE OF THIS REQUEST IS TO GRANT THE OWNER AUSTIN INDEPENDENT SCHOOL DISTRICT THE OPPORTUNITY TO LEASE A PORTION OF UNDERUTILIZED LAND TO CONSTRUCT AFFORDABLE HOUSING, INCLUDING AFFORDABLE HOUSING FOR TEACHERS.
I'LL LET THE APPLICANT GET INTO THE MERITS OF THAT, UH, PLAN.
UH, THAT HAS BEEN APPROVED BY THE A SD BOARD, BUT STAFF'S, UH, REVIEW OF THIS CASE WAS BASED ON THE PLANNING PRINCIPLES.
UM, THE SUBJECT TRACK IS APPROXIMATELY 19.8 ACRES, APPROXIMATELY 862,000 SQUARE FEET, AND IS CURRENTLY THE ANITA FARROW'S BOY FACILITY.
UM, STAFF IS RECOMMENDING THE ZONING BASED ON THE, THE REZONING BEING CONSISTENT WITH THE POLICIES AND PRINCIPLES ADOPTED BY CITY COUNCIL AND THE PLANNING COMMISSION.
UM, THE PROPOSED ZONING BEING CONSISTENT WITH THE PURPOSE STATEMENT OF THE DISTRICT SOUGHT AND, UH, PROMOTING CLEARLY IDENTIFIED COMMUNITY GOALS SUCH AS CREATING EMPLOYMENT OPPORTUNITIES OR PROVIDING FOR AFFORDABLE HOUSING.
I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
SO WE WILL HEAR FROM THOSE IN FAVOR.
MS. MEAD, UM, CHAIR, THIS IS THE APPLICANT SPEAKING FOR FIVE MINUTES.
ELLE MEAD WITH HUSCH BLACKWELL.
UM, COMMISSIONER HAYNES, THANK YOU FOR TAKING SOME TIME TODAY TO SEE THESE TWO CASES SO THAT WE CAN GO FORWARD.
WE REALLY ARE APPRECIATIVE OF THAT.
UM, I'M HERE TONIGHT REPRESENTING THE APPLICANT.
UM, AS STAFF MENTIONED, WE ARE ASKING FOR A NEIGHBORHOOD PLAN AMENDMENT TO GO FROM CIVIC USE TO MIXED USE AND A ZONING CHANGE TO GO FROM, UM, P PUBLIC ZONING TO C-S-M-U-V-D-V 90.
WE'RE GONNA SEE IF THIS WORKS.
UM, THE PROPERTY IS BETWEEN, UH, THREE STREETS, MANSEL GONZALEZ AND SHADY LANE, AND THE GVAL JOHNSTON TERRACE NEIGHBORHOOD.
UM, JUST BASIC INFORMATION ABOUT THE PROPERTY.
IT'S A LARGE PROPERTY, IT'S 20 ACRES AND IT IS CURRENTLY THE SITE.
THE REASON IT KEEPS BEING CALLED ANITA COY.
UH, IT'S CURRENTLY THE SITE OF THE ANITA RALES COY ALTERNATIVE LEARNING CENTER THAT A ISD ACTIVELY USES.
UM, WE ARE, UH, THE, THE SITE IS IN COUNCIL DISTRICT THREE AND WE ARE LOOKING TO REDEVELOP THE SITE.
A ISD HAS OWNED THIS PROPERTY SINCE THE 1950S, AND YOU ALL PROBABLY ALL WERE AWARE OF A LOT OF DISCUSSION, UM, UM, AMONG A ISD TRUSTEES ABOUT REPURPOSING SOME OF THE SITES THAT THEY OWN THAT ARE UNDERUTILIZED OR NOT BEING UTILIZED AT ALL.
THIS IS ONE THAT HAPPENS TO BE UNDERUTILIZED.
THERE IS AN EXISTING BUILDING ON THE SITE, UH, OVER A HUNDRED THOUSAND SQUARE FEET.
ABOUT A 114 STUDENTS UTILIZE THE SITE TODAY.
IT HAS 72 PARKING SPACES, AND IT ALSO IS THE HOME TO SEVERAL NONPROFITS THAT, UH, WORK SORT OF HAND IN HAND WITH THE SCHOOL, UH, INCLUDING VALA, URBAN ROOTS AND EVONTE AUSTIN.
SO ALMOST TWO YEARS AGO, A ISD STARTED THE PROCESS OF THINKING THROUGH WHAT TO DO WITH THIS SITE.
UM, THEY EMBARKED UPON A LOT OF COMMUNITY ENGAGEMENT, WHICH I'LL SPEAK TO A LITTLE LATER.
UM, BUT AFTER A VERY LENGTHY PROCESS OF, UH, DISCUSSING WHAT WOULD BE THE BEST WAY TO GO ABOUT UTILIZING THIS PROPERTY IN MARCH OF 2023, THE TRUSTEES, UH, UNANIMOUSLY PASS A RESOLUTION TO INSTRUCT THE A ISD STAFF TO START TO LOOK FOR A PARTNERSHIP TO HAVE THE SITE REDEVELOPED.
UM, THEY SOUGHT PROPOSALS FROM DEVELOPERS AND DEVELOPMENT TEAMS. THEY RECEIVED 14 VERY EXCELLENT PROPOSALS, AND IN NOVEMBER OF 2023, THEY SELECTED THE NRP GROUP TO MOVE FORWARD WITH A REDEVELOPMENT OF THE SITE.
AND I WANNA MENTION THAT TONIGHT I'M HERE SPEAKING, BUT WE ALSO HAVE JEREMY SCHEFFLER WHO IS THE, UM, VICE P OR THE, UH, DIRECTOR OF REAL ESTATE FOR A ISD.
WE HAVE NICK WALSH, WHO IS WITH THE NRP GROUP AND THE CO-DEVELOPER ON THE SITE.
[00:45:01]
I BELIEVE IS ON THE PHONE IN CASE YOU ALL HAVE ANY QUESTIONS.SO THE PROJECT TEAM, IT REALLY, TRULY WILL BE A PARTNERSHIP.
UM, A ISD, THE NRP GROUP, AS I SAID, STRUCTURES, UM, HOLLAND ALLERS AND THEN SALANI PUBLIC RELATIONS TO DO THE COMMUNITY ENGAGEMENT, WHICH WILL BE EXTENSIVE, HAS BEEN EXTENSIVE AND WILL CONTINUE TO BE EXTENSIVE EVEN AFTER, UM, THE PERMITTING AND ENTITLEMENTS ARE COMPLETED.
THE NRP GROUP HAS A LONG HISTORY OF DEVELOPING HOUSING ACROSS THE COUNTRY.
UM, THEY ARE REALLY A LEADER IN THESE KINDS OF PUBLIC-PRIVATE PARTNERSHIPS FOR HOUSING.
AND YOU ALL ARE PROBABLY REALLY FAMILIAR WITH SARAH ANDRE WITH STRUCTURES, WHO ALSO REALLY IS AN EXPERT IN FIGURING OUT HOW TO DEVELOP THESE, UH, AFFORDABLE HOUSING PROJECTS.
THE PROPOSED DEVELOPMENT WILL INCLUDE, UM, A NEW ALTERNATIVE LEARNING CENTER.
SO THE SCHOOL WILL STAY ON THE SITE, 700 MULTIFAMILY UNITS, UM, PARKLAND AND OPEN SPACE THAT WILL BE AVAILABLE TO THE PUBLIC, OPEN TO THE PUBLIC.
UM, AND THE WHOLE POINT OF THIS PROJECT REALLY IS TO, TO PROVIDE HOUSING FOR A ISD TEACHERS AND STAFF.
THE ANTICIPATED COMPLETION AS I HAVE THERE, IS AROUND 2028.
WE BELIEVE THAT THE PROPOSED DEVELOP REDEVELOPMENT, UM, REALLY BRINGS A LOT OF COMMUNITY BENEFITS TO THE TABLE.
AND I'VE HAD COMMISSIONERS ASK ME, WHAT ARE THOSE COMMUNITY BENEFITS? IT'S RETENTION AND STAB STABILIZATION OF A ISD TEACHERS AND STAFF.
AND TO BE HONEST, THAT IS THE NUMBER ONE COMMUNITY BENEFIT THAT A ISD IS LOOKING TO BRING TO THE TABLE.
IT'S ALSO PROVIDING AFFORDABILITY NOT ONLY FOR A ISD TEACHERS AND STAFF, BUT FOR THE COMMUNITY AT LARGE.
IT'S BRINGING LONG-TERM REVENUE TO A ISD AND IT'S GET, IT'S BRINGING FORWARD THE ALTERNATIVE LEARNING CENTER WITHOUT THE NEED FOR BOND REVENUE OR AS MUCH BOND REVENUE AS WOULD OTHERWISE BE REQUIRED.
AND THEN AGAIN, WE'VE HEARD FROM MANY PEOPLE THAT THEY WANT TO KEEP THE COMMUNITY OPEN SPACE AND PARKS AND THIS PROPOSED REDEVELOPMENT WILL DO THAT.
UM, AND I KNOW WE ARE PROBABLY GONNA LOSE SOME COMMISSIONERS, AND THAT'S THE END OF MY TIME.
SO I HAVE SOME ADDITIONAL INFORMATION FOR YOU ALL IF YOU NEED IT, BUT I WILL STOP THERE.
UM, SO I'LL BE CALLING SPEAKERS, SPEAKING IN FAVOR, UH, JASON JOHN PAUL HASTINGS, AND I ACTUALLY AM NOT SURE JASON'S ON, WE HAVE OUR ENTIRE PROJECT TEAM ON THE PHONE TO ANSWER QUESTIONS.
HASKINS IS FOR QUESTIONS ONLY.
I THINK SARAH ANDRES FOR QUESTIONS ONLY.
AND PAUL SIA FOR QUESTIONS ONLY.
SO THE NEXT SPEAKER IS BRETT ABY.
UM, PART OF OUR PROJECT TEAM, I FORGOT ABOUT BRETT.
UM, HE'S ALSO HERE TO ANSWER QUESTIONS.
EDGAR HANDEL JOINING US VIRTUALLY EDGAR, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
YOU'LL HAVE ONE MINUTE TO SPEAK.
OKAY, THE NEXT SPEAKER IS ANUSH IAN JOINING US VIRTUALLY AS WELL.
UM, WOULD YOU PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS? YOU'LL HAVE ONE MINUTE.
HE COULD TRY TO JUST LEAVE AND TRY TO READ, I'M SORRY.
ANISH, WOULD YOU PLEASE START OVER? PLEASE PRESS STAR SIX.
EDGAR OR ANUSH? I'M NOT SURE WHO WAS SPEAKING.
UH, WOULD YOU PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS? HELLO, MY NAME IS, UH, ANISH IAN AND I LIVE IN THE GO VALLEY NEIGHBORHOOD.
UH, I'M CALLING ABOUT SUPPORT OF THE REZONING OF THE COURT PROPERTY.
UM, I'M SORRY, THIS PARDON ME? WE'RE GOING IN ORDER.
UM, THE NEXT PERSON TO SPEAK IS PAUL SANDANA.
WE TRIED TO MAKE NOTES THAT SOME PEOPLE WERE THERE FOR QUESTIONS ONLY KATE ROBERTON SPEAKING IN OPPOSITION.
KATE, YOU'LL HAVE FIVE MINUTES.
CAN WE HAVE THE SPEAKER WHO CAME ON FINISHED? SHE WAS IN FAVOR AND SHE GOT ONLINE AND THEN WE DIDN'T HEAR HER COMMENTS BEFORE WE MOVE ON TO OPPOSITION SPEAKERS.
[00:50:01]
I CALLED HER NAME YET.AND I DON'T KNOW WHAT HER NAME WAS ALSO.
UM, HER NAME WAS AN, SHE WAS, SHE WAS LITERALLY THE PERSON YOU WERE TRYING TO CALL.
I DID NOT, WAS THE SECOND SPEAKER.
THANK YOU FOR BRINGING THAT UP.
UM, ANUSH, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
UM, MY NAME IS RAZ AND I LIVE IN THE GOLD VALLEY NEIGHBORHOOD.
UH, I'M CALLING IN SUPPORT OF THE REZONING OF THE NEED, UH, PROPERTY.
UH, I FEEL LIKE THIS IS AN OPPORTUNITY TO BUILD MORE HOMES AND GIVE AN UNITY FOR MORE PEOPLE TO BE ABLE TO AFFORD TO LIVE IN OUR NEIGHBORHOOD.
UM, I THINK IT'LL BE A MISSED OPPORTUNITY IF, UH, WE'RE NOT DOING THIS TO PROVIDE MORE AFFORDABLE HOMES FOR AS NICE TEACHERS AND STAFF.
UM, AND I WANNA THANK YOU FOR LETTING ME SEE VIRTUALLY, UM, IT'S MADE IT POSSIBLE FOR ME TO CALL IN BETWEEN THAT TIME AND DINNER WITH MY KIDS.
THANK YOU FOR YOUR COMMENTS AND I APOLOGIZE, UH, FOR SKIPPING OVER YOU.
THE NEXT PERSON TO SPEAK IS KATE ROBERSON.
KATE, YOU'LL HAVE FIVE MINUTES.
I COME TODAY AS, UM, AN A ISD ALUM, UH, A FORMER A ISD EDUCATOR AND A BUSINESS OPERATOR AND HOMEOWNER.
I LIVE RIGHT ACROSS THE STREET FROM, UM, FROM THE PROPOSED DEVELOPMENT.
UM, I'M NOT SAYING THAT THE INCREASE OF HOUSING AND AFFORDABLE HOUSING IS NOT A PRIORITY.
WE ALL KNOW THAT, UM, AUSTIN IS CHANGING A LOT.
AND SO TO BE ABLE TO SUPPORT OUR TEACHERS AND OUR STAFF IS REALLY, REALLY IMPORTANT.
I DO THINK THAT THERE'S NOT A COMPREHENSIVE STUDY THAT'S BEEN DONE FOR THE AREA OF THE IMPACTS OF THESE DEVELOPMENTS.
WE'RE STILL CURRENTLY SUFFERING FROM THE, UM, STORY BUILT FIASCO NEXT DOOR WITH WHERE THEY HIT AN AQUIFER.
UM, AND WE ARE TALKING ABOUT BUILDING THESE, UM, THESE HOMES REALLY CLOSE TO A FLOODPLAIN.
UM, SO I FEEL LIKE THERE ARE SIGNIFICANT ENVIRONMENTAL CONCERNS AS WELL AS CULTURAL CONCERNS FOR THE NEIGHBORHOOD THAT NEED TO BE ADDRESSED IN, IN THE PLANNING.
UM, AND IT'S STILL NOT CLEAR TO ME THE, UH, EXACT AMOUNT OF APARTMENTS THAT WILL BE ALLOTTED FOR TEACHERS, UM, FOR AFFORDABILITY.
SO THOSE ARE MY MAIN, MY MAIN CONCERNS.
I ALSO AM, UM, INTERESTED IN THE SELECT SITE SELECTION FOR THE, UM, UH, FOR THE, THE SCHOOL IN MY MIND IS BLANKING.
I FEEL VERY, VERY NERVOUS, UM, FOR THE, UM, FOR THE SCHOOL.
THE ALTERNATIVE LEARNING CENTER.
JUST BECAUSE WE ARE INCREASINGLY IN AN AREA OF DOWNTOWN, LIKE OUT IT'S ENCROACHING, WE'RE SEEING THAT WITH THE PROPO PROPOSED, UM, SEVEN STORIES AND 700 MULTI-FAMILY UNITS THAT ARE GOING TO BE INJECTED IN A VERY OLD NEIGHBORHOOD.
I ALSO FEEL LIKE THERE'S NOT SUFFICIENT REPRESENTATION FOR THAT NEIGHBORHOOD, UM, TO, AND WE'RE WI WE'RE WITNESSING SEVERAL DEVELOPMENTS THAT HAVE JUST SHOT UP, UM, WITHOUT UNDERSTANDING, LIKE I MENTIONED BEFORE, THE CULTURAL AND UM, ENVIRONMENTAL IMPACTS.
UM, RIGHT DOWN THE STREET FROM THE A LC ARE THREE BARS.
UM, WE HAVE A BREWERY, A WINERY, AND A COCKTAIL BAR.
WE HAVE SEVERAL DIFFERENT, UM, UH, BACHELORETTE THINGS RIDING AROUND.
IT JUST FEELS INTERESTING TO PUT A VULNERABLE POPULATION OR MAINTAIN A VULNERABLE POPULATION IN THIS AREA, ESPECIALLY ON, UM, ON SHADY LANE WHEN IT COULD BE MOVED CLOSER TOWARDS THE NEIGHBORHOODS.
I UNDERSTAND THAT AFFORDABLE NEEDS TO BE, AFFORDABILITY IN THE CITY, NEEDS TO BE A PRIORITY, BUT ALSO TAKING INTO ACCOUNT, UH, THE WATER USAGE AND POTENTIAL DAMAGE TO OUR, OUR UNDERGROUND WATER SYSTEMS, UM, NEEDS TO BE A PRIORITY AS WELL.
OTHERWISE, WE WON'T HAVE A CITY TO LIVE IN.
I'M SORRY, JUST A, A TECHNICAL NOTE.
THOSE OF US ONLINE ARE NOT ABLE TO SEE THE SPEAKERS AS THEY'RE SPEAKING.
IF THE ROOM FEED COULD SWITCH FROM US SITTING UP HERE TO THE SPEAKERS, THAT'D BE GREAT.
CAN WE CALL NEXT SPEAKER? THANK YOU.
THE NEXT SPEAKER IS CANDACE FOX, UM, SPEAKING IN OPPOSITION.
AND CANDICE HAS SIGN UP AS A PRIMARY SPEAKER, SO YOU'LL HAVE FIVE MINUTES.
YOU MAY WANNA HIT YOUR MICROPHONE, MAKE SURE IT'S
[00:55:01]
GREEN.YOU WANT GREEN? PUSH IT, PRESS IT AGAIN.
THANK YOU FOR HAVING US THIS EVENING AND LETTING US SHARE OUR POSITION AS THE VALLEY JOHNSTON TERRACE NEIGHBORHOOD PLAN CONTACT TEAM.
UH, WE ARE CHARGED WITH, UH, LOOKING AFTER OUR PLAN AND MAKING SURE THAT WHEN DEVELOPERS COME AND THERE'S GONNA BE CHANGES TO OUR NEIGHBORHOOD, THAT WE MAKE SURE THAT IT'S IN ALIGNMENT WITH OUR, WITH OUR VISION.
AND, YOU KNOW, REALLY THIS PROJECT, THERE ARE A LOT OF THINGS THAT ARE GOING ON WITH OUR VISION.
UM, WE'RE TALKING ABOUT KEEPING FAMILIES AND TEACHERS IN OUR NEIGHBORHOOD AND SAVING THE COMMUNITY BENEFIT OF THE SOCCER FIELDS.
YOU KNOW, THAT'S A BIG CHEF'S KISS OUT THERE.
BUT FOR US, REALLY, UM, THE, THE CHANGING TIDE CAME WHENEVER THE DB 90, THE DENSITY BONUS 90, UM, CAME OUT.
UM, AND IT REALLY CHANGED OUR PERSPECTIVE BECAUSE NOW INSTEAD OF LOOKING AT THIS, YOU KNOW, THIS OPPORTUNITY FOR AFFORDABILITY IN OUR NEIGHBORHOOD, NOW WE'RE LOOKING AT POSSIBLY A SKYSCRAPER IN THE MIDDLE OF OUR NEIGHBORHOOD, UM, WHERE AS THE PREVIOUS SPEAKER SAID, THERE'S, YOU KNOW, THAT THAT AREA IS NOT QUITE WELL DEVELOPED YET TO POSSIBLY HANDLE THIS.
UM, WE DID TALK WITH, UM, MIKEL AND THE, UM, THE APPLICANTS AND DID TALK A LOT ABOUT MAYBE DOING SOME RESTRICTIONS TO 75 FEET, UM, AND ALSO MAYBE DOING SOME SCALING BACK OF THE PROJECT SO THAT IT WOULD BE MORE INCOMPATIBILITY WITH THE NEIGHBORS.
A BIG CONCERN IS ALSO THAT THEY, AS THE PREVIOUS SPEAKER JUST NOTED, IS THAT THEY, WE DID JUST GET BURNED WITH A DEVELOPER THAT ABANDONED AND LEFT A REALLY UNSIGHTLY AND POSSIBLY TOXIC HOLE IN THE GROUND, RIGHT IN THAT NEIGHBORHOOD ADJACENT TO THIS PROPERTY.
AND SO, SO OUR POSITION AS A TEAM IS, YOU KNOW, WE, WE WERE TRYING TO WORK WITH THE APPLICANT AND THEY WERE TRYING TO WORK WITH US AS WELL.
BUT THE DB 90, THE NEW REG NEW REGULATION, OR NEW, I MEAN, I SEE IT, IT'S ON THE AGENDA LATER ON IS LIKE, IS IT, HAS IT EVEN BEEN PASSED? IS IT EVEN IN IN OUR ORDINANCE NOW? UM, AND ARE WE PROMISING THINGS, UM, THAT WE CAN'T TAKE BACK? AND SO, UM, OUR POSITION UNFORTUNATELY RIGHT NOW IS THAT WE DO HAVE TO OPPOSE THIS, UM, THIS APPLICATION BASED ON THE, THE HEIGHT AND, UM, BRINGING IT DOWN TO MORE IN SCALE WITH THE NEIGHBORHOOD, WHICH IS A BIG PART OF OUR PLAN IS TO KEEP THIS A SCALABLE, LIV LIVABLE NEIGHBORHOOD, UM, THAT KEEPS THE CHARACTER OF THE NEIGHBORHOOD.
UM, SO, AND IT'S REALLY HARD TO DO THIS 'CAUSE I'M ALSO AN EDUCATOR AND I HAVE SEEN, AND I WORK, I WORKED FOR 16 YEARS IN THAT NEIGHBORHOOD, IN THOSE SCHOOLS.
AND JUST SEEING THE FAMILIES LEAVE 'CAUSE THEY DON'T HAVE PLACES TO LIVE.
UM, SO THE DAMAGE IS ALREADY DONE.
UM, SO PLEASE CONSIDER THE IMPACT.
UM, AND MAYBE THERE'S STILL SOME MORE WORK THAT BEING DONE.
MAYBE THERE'S SOME THINGS THAT THE CITY CAN DO TO HELP US COME TO AN AGREEMENT WHERE THIS CAN BE, MAINTAIN THAT VISION OF AFFORDABILITY AND COMMUNITY BENEFITS WITH THE IMPACT OF A 90 FOOT BUILDING RIGHT IN THE MIDDLE OF OUR NEIGHBORHOOD.
THANK YOU FOR LETTING ME SPEAK WITH YOU THIS EVENING.
THE NEXT SPEAKER IS RAUL ALVAREZ SPEAKING IN OPPOSITION.
RAUL, YOU'LL HAVE THREE MINUTES.
UM, UH, THANK Y'ALL FOR BEING HERE AND THANKS FOR THE OPPORTUNITY.
UM, I'M ALSO ON THE GO VALLEY JOHNSON, UH, NEIGHBORHOOD PLAN CONTACT TEAM.
UM, AND JUST WANTED TO GIVE MORE CONTEXT, RIGHT? FOR, UM, FOR OUR POSITION.
'CAUSE WE DID MEET, YOU KNOW, WITH THE APPLICANT, YOU KNOW, AND, UH, PUT 75 FEET OUT THERE AS A, AS A MIDDLE GROUND.
AND, UH, UH, IT WASN'T ACCEPTABLE, UH, TO THEM AT THE MOMENT.
BUT I DO HOPE THAT THERE'S STILL AN OPPORTUNITY FOR MIDDLE GROUND.
UM, BUT I'LL, I'LL NOTE THAT, UM, AGAIN, YOU KNOW, YOU KNOW, I, I KIND OF SENT WITH MY EMAIL LIKE A LIST OF 20 D DB 90 PROJECT IN CENTRAL EAST AUSTIN, RIGHT? AND, AND THIS IS ONE OF THEM, RIGHT? AND SO PART OF OUR POSITION IS, WELL, YOU KNOW, WHAT, WHAT ARE THE CRITERIA FOR CONSIDERING THAT KIND OF ZONING, UH, IN OUR NEIGHBORHOOD? UM, AND SO THAT'S KIND OF ONE OF THE, ONE OF THE, UH, THE THINGS WE'RE, WE'RE CONSIDERING.
BUT ALSO, AGAIN, WHEN WE, UM, WHEN
[01:00:01]
WE IDENTIFIED THE CORRIDORS FOR VMU IN OUR NEIGHBORHOOD, UM, IT WAS SEVENTH STREET AND AIRPORT BOULEVARD, RIGHT? AND THIS PARTICULAR SITE IS NOT ON EITHER AIRPORT BOULEVARD OR, UH, SEVENTH STREET.UM, AND WE'VE NEVER CONSIDERED ANY VMUI MEAN, I GUESS WE HAVE CONSIDERED THEM ONAR CHAVEZ IN FIFTH.
UM, BUT OTHERWISE, AGAIN, IN THE MIDDLE OF A NEIGHBORHOOD, WE HAVEN'T REALLY BEEN, THERE IS NO, UH, VMU UH, CONSIDERATIONS THAT, THAT WE CAN THINK OF.
SO THERE'S A LOT OF, UH, THINGS TO CONSIDER HERE.
AND I THINK IT'S A BIG ENOUGH SITE THAT HOPEFULLY WE CAN, UH, CAN FIND SOME COMMON GROUND BETWEEN THE NEIGHBORS, UM, AND, AND THE SCHOOL DISTRICT.
'CAUSE UH, UH, I DO THINK IT, IT CAN BE A GREAT PROJECT FOR THE NEIGHBORHOOD, BUT THERE'S A LOT OF THINGS TO JUGGLE, A LOT OF FACTORS, A LOT OF ISSUES, UM, AND, UH, AND JUST APPRECIATE YOUR CONSIDERATION OF, OF OUR POSITION.
THANK YOU VERY MUCH AND HAVE A GOOD EVENING.
THANK YOU, MR. S THE NEXT SPEAKER IS DANIEL ESS JOINING US, VIRTUALLY SPEAKING IN OPPOSITION.
DANIEL, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
THE NEXT PERSON TO SPEAK IS JESSICA ELEY, UH, SPEAKING IN OPPOSITION.
JESSICA, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
UH, LAST PERSON TO SPEAK IN OPPOSITION IS LORRAINE ATHERTON NOT PRESENT.
AND THAT CONCLUDES THE SPEAKERS ON THIS ITEM,
SO MS. ME, I BELIEVE YOU GET A THREE MINUTE REBUTTAL.
THANK YOU, COMMISSIONER ANDERSON.
UM, YOU KNOW, I KNOW THAT COMMISSIONERS ARE PRESSED FOR TIME TONIGHT, SO I'M REALLY, I I I WANNA JUST RESERVE THAT TIME FOR YOU ALL TO ASK QUESTIONS SO I CAN ENSURE THAT I'M ANSWERING THE THINGS THAT YOU WANT TO KNOW ABOUT.
UM, WE REALLY DO WANT, I WILL SAY THIS, WE REALLY DO WANT, UM, TO CONTINUE TO WORK HAND IN HAND WITH ALL OF OUR NEIGHBORS, INCLUDING THE NEIGHBORHOOD PLANNING CONTACT TEAM.
AND I DON'T WANT IT TO BE LOST ON THEM OR ANYONE THAT THIS IS A PUBLIC BODY AND A PUBLIC BODY, RIGHT? JUST LIKE THE CITY COUNCIL OF AUSTIN'S ELECTED, SO ARE THE TRUSTEES OF A ISD AND ANY PROJECT THAT MOVES FORWARD ON THE SITE, BECAUSE A ISD WILL CONTINUE TO OWN THE SITE IS GOING TO ULTIMATELY HAVE TO BE APPROVED BY THE TRUSTEES.
AND SO I KNOW THAT THE TRUSTEES WANT TO BRING FORWARD A DEVELOPMENT AND A PROJECT THAT'S GREAT FOR THIS NEIGHBORHOOD, NOT JUST GOOD FOR THIS NEIGHBORHOOD.
IT'S GREAT FOR THE NEIGHBORHOOD, GREAT FOR THEIR STAFF AND THEIR TEACHERS AND THE COMMUNITY AS A WHOLE.
AND SO THERE'S A VERY SERIOUS COMMITMENT TO CONTINUE TO WORK, UM, WITH EVERYBODY TO TRY TO ULTIMATELY DESIGN A PROJECT THAT'S BENEFICIAL IN THAT EVERYBODY REALLY, REALLY LOVES.
OKAY, LET'S TAKE A VOTE TO CLOSE THE PUBLIC HEARING.
MR. CHAIRMAN, COMMISSIONER HANS.
UM, UH, MS. MEAD, UH, FIRST OF ALL, THANK YOU FOR YOUR PRESENTATION, COMMISSIONER HANS.
LET'S, LET'S DO THAT IN, WE'RE GONNA GET THE Q AND A IN ONE MINUTE AND, AND YOU'LL BE FIRST ON MY LIST.
AND, UH, IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? COMMISSIONER NADIA BADA? IS THERE A SECOND? COMMISSIONER MTEL.
AND IS THIS TO CLOSE ITEMS SIX AND SEVEN? YES.
UH, IF NO OBJECTION, THIS ITEM PASSES.
SO YEAH, LET'S ENTER INTO RO ROUND ROBIN.
UH, MS. ME, THANK YOU FOR YOUR PRESENTATION AND, UH, SORRY WE WERE UNABLE TO CONNECT.
I WAS, UH, ACTUALLY EVERY ONCE IN A WHILE I HAVE TO GET PAID TO DO THIS JOB.
BUT A COUPLE OF SPEAKERS, UH, FIRST OF ALL, UM, UM, MY REQUEST TO PUT THE POSTPONE THIS IN NO WAY INDICATE, SHOULD INDICATE TO ANYONE THAT I'M OPPOSED.
I THINK THIS IS A PERFECT EXAMPLE OF COMMUNITY DEVELOPMENT, OF COMMUNITY ORGANIZATION AND COMMUNITY COLLABORATION.
UM, BUT A COUPLE OF SPEAKERS TALKED ABOUT, UM, WHAT IS A ISD GONNA DO TO ENSURE,
[01:05:01]
OR, OR WHAT ARE YOU GONNA DO TO ENSURE THAT TEACHERS, ASSISTANT PRINCIPALS, OFFICE WORKERS, A ISD PERSONNEL BUILD THIS APARTMENT COMPLEX IS BASICALLY, LET'S, LET'S CALL IT WHAT IT IS, IT'S GONNA BE AN APARTMENT COMPLEX.WHAT ARE YOU GONNA DO TO MAKE SURE IT'S A ISD FOLKS THAT DO THAT? SURE.
UM, THANK YOU FOR THAT QUESTION.
SO WE, WE DEFINITELY ARE NOT GOING TO ENCOURAGE INFLUENCE, STRONGLY RECOMMEND, INSIST NONE OF THAT, THAT ANYBODY AT A ISD, UH, LIVE HERE.
WE JUST WANTED TO MAKE THAT CLEAR.
UM, AND WE CAN'T AND ARE NOT GOING TO MAKE IT WHERE IT'S EXCLUSIVE TO FOLKS AT A ISD.
HOWEVER, UM, THE DEVELOPER HAS EXPERIENCE IN DOING THIS.
AND EFFECTIVELY WHAT WE WILL DO IS TO PRIORITIZE THE, UM, ABILITY TO NOTE ABOUT GETTING INTO THE PROPERTY TO A ISD STAFF AND TEACHERS.
THEY WILL, ON A PRIORITY BASIS, BE MADE AWARE OF THE ABILITY TO BE ABLE TO LEASE AT THE PROPERTY, AND IT'LL BE A SIGNIFICANT AMOUNT OF TIME THAT THEY'RE AWARE OF IT BEFORE THE GENERAL PUBLIC.
SO YOUR GOAL THEN IS TO HAVE THIS FOR FIRST, SECOND, THIRD YEAR TEACHERS, FIRST YEAR ASSISTANT PRINCIPALS, FOLKS IN THE OFFICE? UM, WHOEVER IT IS, BECAUSE I, FOR ONE, I'M A RE I'M THE KID OF A RETIRED TEACHER AT, AT THE TIME, A TEACHER.
AND SO I'M VERY COGNIZANT OF AND VERY COMPASSIONATE FOR ANYBODY THAT GOES IN THAT PROFESSION.
SO, UM, WHOLEHEARTEDLY APPRECIATE IT.
SO THANK YOU FOR BRINGING THIS TONIGHT.
AND YES, WE, A ISD HAS FOUND THAT THEY HAVE EXTREME DIFFICULTY RETAINING TEACHERS AND STAFF BECAUSE IT IS SO UNAFFORDABLE TO LIVE IN AUSTIN.
AND SO HOPEFULLY THIS WILL PROVIDE THE OPPORTUNITY FOR THOSE TEACHERS AND THOSE STAFF MEMBERS TO LIVE IN THE COMMUNITIES WHERE THEY'RE TEACHING IN WHERE THEY'RE WORKING.
AND I FORGOT LIBRARIANS, BUT WELL, AND LIBRARIANS.
WELL, DON'T FORGET LIBRARIANS.
UM, SO I HAVE, YOU KNOW, WE'VE TALKED EARLIER AND I HAVE JUST KIND OF A, A COLLECTION OF QUESTIONS.
CAN YOU CONFIRM THAT THE EXISTING CONDITIONS, LIKE THE HERITAGE TREES AND POTENTIALLY AREAS FOR SOCCER PLAY AND THE NONPROFITS THAT ARE THERE TODAY WILL BE INVITED TO COME BACK.
SO IT'LL BE, YOU KNOW, A LOT OF THE EXISTING THINGS THAT ARE THERE WILL REMAIN IN SOME FORM OR FASHION.
UM, COMMISSIONER, SO THERE ARE A LOT OF TREES ON THE SITE.
UH, 100% OF THE HERITAGE TREES AS WE DISCUSSED TODAY, UM, WILL BE PRESERVED, EXCLUDING ANY THAT ARE DEAD OR DISEASE THAT WOULD NEED TO COME OUT.
AND WE DO HAVE AN ARBORIST LOOKING AT THOSE TREES AND WORKING, THEY WILL WORK WITH THE CITY ON THAT.
AS FAR AS PROTECTED TREES, ALMOST ALL OF THOSE WILL BE SAVED.
WE THINK THERE'S ONE IDENTIFIED THAT PROBABLY WILL HAVE TO BE RELOCATED, BUT THE ULTIMATE GOAL IS TO PROTECT ALL THOSE TREES.
WE WILL NOT HAVE ANY ENCROACHMENTS INTO THE FLOODPLAIN.
I KNOW I HEARD ONE OF THE SPEAKERS MENTION THAT THERE IS FLOODPLAIN ON THE SITE.
WE'RE VERY WELL AWARE OF THAT.
AND A ISD HAS MADE THE COMMITMENT NOT TO ENCROACH INTO THAT FLOODPLAIN.
AND THEN, AS YOU MENTIONED, THERE'S EXISTING RECREATION AREA ON THE SITE.
AND SO THE PLAN IS, AND WHAT'S BEEN PUBLICLY STATED IS THAT WE ARE GOING TO REDEVELOP THOSE RECREATION AREAS ON THE SITE.
UM, THERE WILL BE A PROCESS THAT ACTUALLY TAKES PLACE AFTER THE ZONING AND PERMITTING TO ACTUALLY GET COMMUNITY ENGAGEMENT AROUND WHAT THE PROGRAMMING OF THOSE SPACES WILL BE.
AND WE ARE HEARING PRETTY LOUDLY AND CLEARLY THAT PEOPLE WANT SOCCER FIELDS.
SO I HAVE A STRONG SUSPICION WILL BE SOCCER FIELDS, NOT PICKLEBALL COURTS, BUT IT MAY BE PICKLEBALL COURTS.
IT'LL REALLY DEPEND ON WHAT, UH, THAT COMMUNITY ENGAGEMENT REVEALS ONCE WE GET TO THAT PART OF THE PROCESS.
AND I KNOW THAT YOU'RE WORKING CLOSELY WITH THE NEIGHBORHOOD CONTACT TEAM AND THAT THEY'VE REQUESTED A 75 FOOT LIMIT.
CAN YOU, I'VE HEARD THAT 75 FEET IS KIND OF, THERE'S A COST BENEFIT THAT YOU LOSE THAT STRUCTURALLY IT'S MORE CHALLENGING TO BUILD ABOVE 75 FEET AND IT COSTS MORE.
CAN YOU TALK A LITTLE BIT ABOUT THAT? YEAH, THAT'S RIGHT.
SORRY, JUST TO, I'M GONNA FOLLOW UP WITH ONE MORE QUESTION AND THEN YOU HAVE A GOAL OF 700 UNITS.
CAN YOUR 700 UNITS FIT IN IN 75 FEET? THE, I'LL START WITH YOUR LAST QUESTION FIRST.
WE BELIEVE THAT THEY CAN, UM, I WANT TO PREFACE THOSE COMMENTS WITH SAYING WE HAVE NOT ENGINEERED THE SITE YET.
SO IT, ALL OF THAT SORT OF REMAINS TO BE SEEN.
UM, AND THE SCHOOL THAT WILL BE ON THE SITE IS NOT YET DESIGNED.
SO IT OBVIOUSLY GETS PRIORITY.
AND SO WE'LL NEED TO REALLY BE STUDYING ALL THOSE FACTORS.
WE BELIEVE THAT WE CAN GET THE 700 UNITS IN BY ADDING AN ADDITIONAL STORY.
SO SIX STORY BUILDING, WHICH WOULD BE WITHIN THE 75
[01:10:01]
FEET.WE DON'T KNOW THAT FOR CERTAIN YET.
UM, BUT WE, WE FEEL PRETTY CONFIDENT THAT WILL BE THE CASE.
AND YES, YOU'RE EXACTLY RIGHT THAT ONCE WE GET TO 75 FEET, THE CONSTRUCTION REQUIREMENTS FOR FIRE RATING AND THOSE KINDS OF THINGS PRETTY SIGNIFICANTLY INCREASE.
AND SO IT STARTS TO BE DIMINISHING RETURNS AND BUILDING ABOVE THAT HEIGHT.
WE HAVE, WE SAID TO THE NEIGHBORHOOD CONTACT TEAM, WE'RE NOT IN A POSITION TO BE ABLE TO SAY FOR SURE WE WILL NEVER DO 70 FOOT FEET OF HEIGHT, BUT THAT IS NOT THE OR ABOVE 75 FEET, BUT THAT'S NOT THE PLAN RIGHT NOW.
UM, BUT WE REALLY DO WANT TO PRESERVE THE ABILITY TO MAXIMIZE THE USE OF THIS SITE.
AND IF WE CAN ADD MORE UNITS BY GOING HIGHER, WE WANT TO NOT PRECLUDE THAT POSSIBILITY, BUT IT'S JUST NOT IN THE PLAN TODAY.
AND THEN, UM, THE ZONING IS 10% AT 50% MFI OR 12% AT 60% MFI ARE YOU SHOOTING FOR ONE OR DO YOU HAVE A WE DO.
SO 50% OF THE UNITS ON THE, ON THE SITE WILL BE AFFORDABLE.
UM, 40% OF THOSE, 40% OF THE UNITS ON THE SITE WILL BE AT 80% MFI AND 10% OF THE UNITS ON THE SITE AT 60% MFI.
AND THAT WAS REALLY CALIBRATED.
I KNOW THAT TYPICALLY THE CITY LIKES TO SEE 60% OR BELOW, BUT THAT 80% AND 60% WAS REALLY PRETTY CAREFULLY CALIBRATED BY A ISD TO MATCH THE REVENUE A ISD WOULD BE ABLE TO GENERATE ON THE SITE, BUT TO ENSURE THAT IT ACCOMMODATED THE SALARIES THAT THEY'RE ONE AND TWO AND THREE PERSON HOUSEHOLDS WOULD, WOULD MEET.
AND THEN MY FINAL QUESTION WAS ABOUT REVENUE.
SO I MEAN, I AM A TAXPAYER AND AN A IC PARENT AND I KNOW THAT WE ARE, THAT THE DISTRICT IS STRUGGLING, THAT WE HAVE, WE'RE, YOU KNOW, HAMSTRUNG BY THE LEGISLATURE WHAT WE CAN AND CAN'T SPEND.
CAN YOU TALK A LITTLE BIT ABOUT WHAT SORT OF REVENUE YOU EXPECT TO RECEIVE AND HOW THIS WOULD BENEFIT THE DISTRICT? SURE.
SO, UM, A ISD IS STILL IN THE PROCESS OF NEGOTIATION, ACTUALLY, THAT'S REALLY DRIVES OUR TIMELINES.
THEY HAVE TO NEGOTIATE THE ACTUAL PARTNERSHIP AGREEMENT AND THE LEASE.
SO WE DON'T KNOW WHAT THOSE DOLLAR AMOUNTS ARE YET.
WE HAVE GUESSES, BUT WE DON'T KNOW WHAT THEY ARE YET.
UM, BUT THE SITE WILL BE GROUND LEASED.
SO ALL OF THAT REVENUE FROM THE GROUND LEASE WILL GO TO A-I-S-D-A PORTION OF IT WILL GO TOWARD BUILDING THE AL NEW ALTERNATIVE LEARNING CENTER.
AND THE REST REALLY BE, CAN BE USED FOR BY A ISD FOR ANY PURPOSE.
THE GREAT THING ABOUT THAT REVENUE IS THAT IT'S NOT SUBJECT TO THE RECAPTURE REQUIREMENTS THAT ARE SO PAINFUL TO A ISD TO ALL MEAN.
WE HAVE A LOT OF SPEAKERS HERE.
LET'S SEE IF ANOTHER COMMISSIONER WANTS TO JUMP IN AND LET YOU FINISH THAT.
COMMISSIONER WOODS? YES, THANKS CHAIR.
AND I ACTUALLY, I DON'T NEED A QUESTION SPOT AND I APOLOGIZE.
I TRIED TO JUMP IN WITH THIS A LITTLE BIT SOONER, BUT I ACTUALLY NEED TO ABSTAIN FROM THIS ITEM BECAUSE STRUCTURED DEVELOPMENT IS A CONSULTING CLIENT OF MINE.
AND I DID NOT REALIZE UNTIL THE APPLICANT'S PRESENTATION THAT THEY'RE A CO-DEVELOPER ON THIS PROJECT.
I DON'T MEET THE INCOME THRESHOLD FOR A RECUSAL, BUT I'LL BE ABSTAINING FROM THIS ITEM.
ANY OTHER COMMISSIONERS HOPING TO SPEAK AND LET MS. MEAD FINISH YOUR THOUGHTS.
COMMISSIONER AL HAD HER HAND UP BEFORE ME.
I I ACTUALLY HAVE, UH, A SET OF QUESTIONS AS WELL, SO IF YOU'RE DONATING TIME TO FINISH THE ANSWER, I MIGHT HOLD MY TIME
YOU CAN FINISH AND THEN I CAN JUMP IN.
I, I'M GONNA JUST LIST OFF MY QUESTIONS SO WE CAN FIGURE OUT HOW TO BEST USE THE TIME THAT I HAVE.
UM, UH, I WANTED OBVIOUSLY TO ALLOW YOU TO FINISH THE ANSWER THAT YOU WERE MID-THOUGHT ON.
UM, I THINK YOU WERE GETTING TO ONE OF MY QUESTIONS, WHICH IS THAT THESE CALCULATIONS WILL, WILL PRESENT OPPORTUNITY FOR OUR STAFF AND SUPPORT STAFF AT THESE MFI LEVELS TO LISA.
I'M LOOKING FOR CONFIRMATION THAT THAT'S KIND OF WHERE THE CALCULATIONS ARE RUNNING, THAT WE'RE HITTING, UM, THESE STAFF MEMBERS THAT WE NEED TO RETAIN.
UM, I WOULD LIKE TO KNOW WHAT AIS D'S PROCESS HAS BEEN FOR PUBLIC ENGAGEMENT.
I, I'M NOT AN A ISD AT THIS TIME.
I WAS PREVIOUSLY, I'M, I'M WILL LEANDER, ISD.
AND I KNOW WHENEVER WE GO INTO BUDGETING FACILITIES IS A BIG OPEN PUBLIC PROCESS FOR US.
I'M, I'M PRESUMING A ISD HAS SOMETHING SIMILAR.
SO I WANTED THAT TO COME OUT BECAUSE, UM, GIVEN THAT THERE WERE NEIGHBORHOOD CONCERNS, I WOULD THINK THERE'S PUBLIC PROCESS ON THE A ISD SIDE AS WELL AS ON THE PLANNING COMMISSION AND COUNCIL SIDE.
UH, UM, AND THEN I WANTED TO UNDERSTAND, UM, DO WE HAVE FUNDS ALREADY COMMITTED FROM A ISD? IS THIS A BOND PROJECT? WHERE ARE WE, UH, WITH THE FINANCING ON THIS? AND THEN LAST
AND SO I, I WOULD WANNA THROW IT OUT AND SEE, UM, IS IS THERE ANYTHING IMPORTANT I'M FORGETTING TO ASK THAT WE NEED TO HEAR FROM OUR TRUSTEES ON, SORRY THAT WAS
[01:15:01]
A LAUNDRY LIST, BUT, UM, UM, SO CONFIRMING, YES, THOSE, UH, PERCENTAGES WERE CALIBRATED TO BE ABLE TO ACCOMMODATE THE, THE A ISD STAFF AND, UH, TEACHERS WHO WILL BE, WILL HOPEFULLY BE LIVING AT THE PER AT THE PROPERTY.AND I PRESUME THAT THAT INCLUDES SUPPORT STAFF, ADMINISTRATIVE ABSOLUTELY.
SUPPORT STAFF, FACILITY SUPPORT STAFF, CUSTODIANS, GROUNDS, ALL OF THAT.
UM, YOU ASKED ABOUT THE FINANCING.
YES, MA UM, WHETHER DOLLARS HAVE BEEN COMMITTED, THE IDEA UNDER THIS PARTNERSHIP IS THAT A ISD ISN'T PUTTING DOLLARS, IT'S OWNED DOLLARS FORWARD.
OBVIOUSLY THERE'S BEEN, THERE HAVE BEEN DOLLARS SPENT ON THE PRE-DEVELOPMENT WORK, UM, DOING THE SOLICITATION, EVALUATING THOSE PROPOSALS, HIRING THE DEVELOPMENT TEAM.
UM, BUT YEAH, THE IDEA IS THAT A, THIS IS NOT AN OUT-OF-POCKET SITUATION FOR A-I-S-D-A-I-S-D WILL BE, UH, HAVE HAVING THE BEN REALIZING THE BENEFIT OF BEING IN THE PARTNERSHIP AND THE DEVELOPERS PAYING THOSE COSTS.
UM, YOU ALSO ASKED ABOUT THE PROCESS.
IF I COULD GO BACK TO THE PRESENTATION.
UM, SO I WILL SAY FOR THIS ZONING PROCESS, AND I'VE BEEN DOING ZONING A LONG TIME, IT REALLY HAS BEEN THE MOST ROBUST COMMUNITY ENGAGEMENT PROCESS THAT I'VE SEEN.
UM, LEMME TRY TO GET TO THAT SLIDE.
UM, WE AT A ISD AND THE NRP GROUP'S INSISTENCE, WE DID A LOT.
SO, UM, WE MADE OUTREACH TO THE NEIGHBORHOOD ASSOCIATION OF THE NEIGHBORHOOD PLANNING CONTACT TEAM VERY EARLY ON BEFORE WE FILED APPLICATIONS.
UM, THERE'S BEEN A PROJECT WEBSITE WHERE ANY AND EVERY PIECE OF INFORMATION ABOUT THIS CASE HAS BEEN PUBLISHED.
THERE'S A PHONE LINE THAT COMES TO MY PHONE OR TO THE NRP GROUP'S PHONE, UM, FOR ANYBODY TO CALL WHO MAY HAVE QUESTIONS.
WE PUT GIANT SIGNS ON THE PROPERTY AT ALL, UH, ADJACENT TO ALL THE STREETS SO THAT ANYBODY AND EVERYBODY COULD GO UP TO IT AND EITHER HIT A QR CODE TO GET INFORMATION THAT TOOK THEM TO THE WEBSITE OR, UM, COULD WRITE DOWN A PHONE NUMBER AND CALL.
'CAUSE WE KNOW, LIKE MY DAD WOULD NOT KNOW WHAT TO DO WITH THAT QR CODE.
SO WE WANTED TO MAKE SURE SOMEBODY COULD WALK UP AND GET A PHONE NUMBER AND CALL IT.
WE DID BLOCK WALKING, WE HANDED OUT INFORMATIONAL FLYERS.
AND THEN I WANNA JUST SHOW THIS SLIDE.
COMMISSIONER MU DOLLAR, BECAUSE A ISD STARTED THE OUTREACH PROCESS REALLY IN 2022 BEFORE THE TRUSTEES EVER VOTED TO SOLICIT FOR A DEVELOPMENT TEAM.
THEY ENGAGED IN A VERY ROBUST COMMUNITY PROCESS TO HAVE THE COMMUNITY PROVIDE INPUT ABOUT WHAT THE COMMUNITY WANTED TO SEE ON THIS SITE.
AND SO THIS SLIDE JUST GIVES YOU A LITTLE BIT OF THE, UH, STAGES AND THE CHRONOLOGY OF WHAT TOOK PLACE THERE.
AND THE LAST THING I'LL SAY ABOUT THAT IS THE COMMUNITY ENGAGEMENT PROCESS, AS I WAS ALLUDING TO EARLIER, ISN'T DONE WITH THESE CASES.
THE REALLY KIND OF THE MEAT OF IT BEGINS AFTER THESE CASES BECAUSE THE A ISD WILL START TO WORK WITH THE COMMUNITY ON THE ACTUAL SITE DESIGN.
THANKS COMMISSIONER ZAR, WERE YOU NEXT? YES, THANK YOU CHAIR.
UM, FIRST OF ALL, MS. ME, IF YOU WANTED TO, UH, FINISH YOUR RESPONSE TO, UH, COMMISSIONER BARR RAMIREZ COMMENT, YOU CAN DO THAT.
UM, JUST VERY QUICKLY, I THINK YOUR QUESTION WAS ABOUT THE FINANCING.
YES, THE MONEY, UM, IT'LL BE A GROUND LEASE.
THE REVENUE IS NOT SUBJECT TO RECAPTURE, WHICH IS KIND OF THE MOST EXCITING THING ABOUT IT.
AND THEN THE FINAL THING I'LL SAY IS THAT BY BEING ABLE TO UTILIZE THAT REVENUE TO COVER THE COST OF THE NEW ALTERNATIVE LEARNING CENTER, WHICH I BELIEVE JEREMY CAN CORRECT ME IF I'M WRONG, IS IN THE $30 MILLION RANGE.
UM, IS THAT RIGHT? UM, THEY WILL, THAT WILL GREATLY REDUCE OR ELIMINATE THEM HAVING TO ISSUE BONDS, RAISE TAXES TO BE ABLE TO COVER THOSE COSTS.
I I REALLY JUST WANTED TO DO TWO THINGS.
ONE IS, UM, YOU KNOW, THANK YOU MS. MEAD, BUT ALSO, UM, YOU KNOW, OUR TRUSTEES, UH, SUPERINTENDENT SURA, MR. STLE FOR YOUR WORK ON THIS.
TO YOUR POINT, I KNOW THAT THIS WAS A BIG CONVERSATION WITH THE COMMUNITY WAY EVEN BEFORE WE WERE TALKING ABOUT THIS PARTICULAR PROJECT AND HOW DO WE LOOK AT THESE PROPERTIES? AND A BIG THING THAT CAME UP AT THE TIME REALLY WAS HOW DO WE UTILIZE THESE FOR EXPANDING AFFORDABILITY? SO REALLY WHAT I WANTED TO DO WITH MY TIME WAS SEE, UM, TRUSTEE HUNTER, IF YOU WOULD LIKE TO PROVIDE US SOME, YOU KNOW, CONTEXT AND COMMENT, YOU'RE NICE ENOUGH TO ALWAYS BE HERE AND LISTEN TO ALL OF US GO ON FOR HOURS.
UH, AND IF I THINK THERE WAS EVER AN OPPORTUNITY FOR US TO GIVE YOU SOME TIME TO SPEAK A LITTLE BIT ABOUT THE WORK YOU AND YOUR COLLEAGUES ARE DOING, THAT WOULD BE GREAT.
UH, THANK YOU SO MUCH, COMMISSIONER MAHA.
UH, ANY MORE COMMISSIONERS LOOKING TO SPEAK? WAIT, COMMISSIONER
[01:20:01]
ANDERSON, I WAS ASKING COMMISSIONER, UH, TRUSTEE HUNTER TO SPEAK AND TAKE OVER THE REST OF MY TIME? PARDON ME.THANK YOU SO MUCH, COMMISSIONERS.
UM, I THINK THAT OUR TEAM HAS PUT TOGETHER A REALLY GOOD PLAN.
UM, AGAIN, LIKE OUR JOB IS TO EDUCATE CHILDREN IN THE CITY OF AUSTIN, BUT WE CAN'T DO THAT IF TEACHERS COME HERE, LOOK FOR HOUSING AND THEN DON'T ACCEPT JOBS BECAUSE THEY CAN'T AFFORD IT.
SO WE'RE TRYING TO MAKE A WAY WHEN THE, UH, TEXAS LEGISLATURE AND JUST THE WHOLE ECONOMY RIGHT NOW IS MAKING IT REALLY, TRULY HARD TO KEEP THEM.
UM, IF YOU HAVE ANY SPECIFIC QUESTIONS, I WILL DIRECT YOU TO, UM, THE DIRECTOR OF REAL ESTATE, WHICH IS JEREMY.
HE'S MUCH MORE VERSED ON THE INS AND OUTS.
UM, AS A BOARD MEMBER, I DID VOTE FOR THIS BECAUSE WE BELIEVE THIS IS THE WAY FORWARD FOR OUR TEACHERS AND IT'S THE WAY FORWARD FOR OUR OTHER, UM, ANCILLARY STAFF.
SO JUST IN CONSIDERATION OF LIKE HOW AUSTIN IS GOING AND WHAT WE CAN DO, THIS IS A WAY, AND AGAIN, ONE OF THE CHIEF FEATURES IS THAT INCOME GENERATING IS NOT SUBJECT TO RECAPTURE.
THAT'S ALWAYS GONNA BE A STAR FOR ME BY ANYTHING.
I DO WANT TO, UH, TRUSTEE, THANK YOU AND ALL OF YOUR COLLEAGUES FOR THE WORK THAT YOU HAVE DONE AND FRANKLY, EVEN THE PREDECESSORS, UM, OF Y'ALL WHO HAVE BEEN WORKING ON THIS.
SO THIS HAS BEEN A ONGOING CONVERSATION, OUR COMMUNITY FOR QUITE A WHILE.
AND TRUSTEE HUNTER, OF COURSE, YOU CAN ALWAYS JUMP IN AND YOU CAN HAVE ONE IN ANY OF THESE SPACES AND YOU CAN HAVE A WHOLE FIVE MINUTES IF YOU CARE TO.
SO I SEE COMMISSIONER COX AND THEN COMMISSIONER MAXWELL.
YEAH, I'LL BE A LITTLE BIT OF A CONTRARIAN VOICE HERE 'CAUSE THAT'S USUALLY WHAT I AM.
UM, I, I'M, I'M A LITTLE CONFUSED AND CONCERNED ABOUT THE UTILIZATION OF DB 90 IN THIS PROPOSAL BECAUSE AIS A ISD HAS THE UNIQUE OPPORTUNITY HERE TO JUST BASICALLY REQUIRE AFFORDABLE HOUSING AS PART OF THE LAND LEASE, WHICH WE ARE TALKING ABOUT JUST A ISD GETTING LAND LEASE MONEY.
NOT, NOT ACTUAL FUNDS FROM THE REVENUE GENERATED BY THE 700 PROPOSED UNITS.
AND, AND I'M A LITTLE CONCERNED THAT THE UTILIZATION OF DB 90 IS A BIT OUT OF CONTEXT WITH THE LOCATION, AND WE'VE HEARD A LOT OF FEEDBACK FROM THE NEIGHBORHOOD AND NEIGHBORS OF THIS SITE THAT SEEM TO ECHO THAT.
AND SO I'M JUST CURIOUS WHY A ISD IS TRYING TO BASICALLY GO DB 90 MAX OUT, YOU KNOW, MAX OUT HEIGHT, MINIMUM BUFFERS, YOU KNOW, MAX EVERYTHING, WHEN YOU ALREADY HAVE THE ABILITY TO SECURE AFFORDABLE HOUSING ON THE SITE SIMPLY BY VIRTUE THAT YOU OWN THE SITE AND CAN REQUIRE IT THROUGH THE LANDLEASE PROCESS.
SO CAN YOU HELP US UNDERSTAND WHY YOU'RE TRYING TO BASICALLY GO STRAIGHT THROUGH TO THE MAX AVAILABLE IN TERMS OF, UH, DEVELOPMENT? SURE.
UM, I HOPE THAT I'M UNDERSTANDING YOUR QUESTION CORRECTLY, BUT WE ARE NOT SEEKING DB 90.
WE'RE A ISD IS NOT ASKING FOR DB 90 BECAUSE THAT IT'S, IT'S ONLY TOOL TO ASK FOR AFFORDABLE HOUSING.
THE A ISD IS ACTUALLY REQUIRING THE DEVELOPER TO DO THE 50% OF THE UNITS AS AFFORDABLE THAT I'M, THAT I TALKED ABOUT.
THE DB 90 IS BENEFICIAL BECAUSE WE DON'T THINK THAT WE WILL, OUR, OUR HOPE IS THAT WE WON'T BE WITHIN A 60 FOOT HEIGHT LIMIT.
AND DB 90 GIVES US THE OPPORTUNITY TO INCREASE ABOVE THE 60 FEET, BUT IT ALSO DOES HAVE THE ADDED BENEFIT OF REQUIRING US TO DO EVEN MORE AFFORDABLE UNITS IF WE DO ACCESS IT.
SO WE'RE NOT ASKING FOR THE DB 90 AS THE TOOL TO GET THE AFFORDABLE, WE'RE GETTING THE AFFORDABLE AND THE DEVELOPERS BEING REQUIRED TO DO IT.
WE'RE ASKING FOR DB 90 AS THE TOOL TO BE ABLE TO HAVE GREATER DENSITY ON THE SITE TO BEST UTILIZE AND MAXIMIZE THE SITE.
THAT'S EXACTLY WHY I WAS ASKING THE QUESTION BECAUSE THE, THE, THERE'S ONE LINE OF THINKING YES, LET'S MAX OUT THE DEVELOPMENT POTENTIAL OF A SITE.
BUT THERE'S ANOTHER LINE OF THINKING THAT I'M SURE YOU'VE HEARD IN YOUR MANY YEARS OF COMMUNITY ENGAGEMENT THAT MAYBE MAXING OUT THE DEVELOPMENT POTENTIAL OF A SITE IN THE MIDDLE OF A NEIGHBORHOOD ISN'T REALLY WHAT THE NEIGHBORHOOD WANTS OR APPRECIATES.
UM, THE, THE LENNOX SEVENTH APARTMENT COMPLEXES ACROSS THE STREET FROM THIS SITE ARE ONLY THREE STORIES TALL ADJACENT TO THE A ISD SITE.
AND THEN THEY GO UP TO FIVE OR SIX STORIES TALL AGAINST SEVENTH STREET.
AND SEVENTH STREET IS A VERY DIFFERENT STREET THAN THE STREETS THAT BOUND THIS, THIS PROPERTY.
SO MY CONCERN IS THAT THE GOAL HERE IS TO MAX OUT THE DEVELOPMENT POTENTIAL, WHICH IN ONE LINE OF THINKING, SURE, YOU KNOW, LET'S, LET'S TRY TO DO THAT FOR CERTAIN BENEFITS, BUT WHAT ARE THE CONS TO THAT? AND I THINK WE'RE HEARING FROM THE COMMUNITY THAT THERE'S A LOT OF CONS IN THEIR MINDS TO JUST HAVING THE TUNNEL VISION OF MAXING OUT THE DEVELOPMENT POTENTIAL OF THIS SITE.
I AM CURIOUS, I WAS TRYING TO READ THROUGH THE TRAFFIC MEMOS AND THE
[01:25:01]
BACKUP AS QUICKLY AS I COULD.THEY DID INDICATE THAT RIGHT AWAY WAS GONNA BE NEEDED TO DEDICATE IS IS A ISD COMMITTING TO BASICALLY DEDICATING ALL OF THAT RIGHT AWAY FROM YOUR PROPERTY? YES, AND THAT'S IN OUR TRAFFIC ANALYSIS IN OUR, UM, ULTIMATE TRAFFIC MEMO.
AND WE'LL MOST LIKELY HAVE TO DO AN ADDITIONAL TIA AT THE TIME OF SITE PLAN.
BUT YES, THERE WILL NEED TO BE RIGHT, RIGHT OF WAY DEDICATED, IF I'M RE REMEMBERING CORRECTLY, ON ALL THREE OF THE PERIMETER STREETS, UM, CORRECT BIKE LANES ADDED AND THEN SOME SIDEWALKS IMPROVED AND ADDED.
AND A ISD IS COMMITTING TO DO ALL OF THAT.
DO I STILL HAVE TIME FOR ONE LAST QUESTION? 50 SECONDS.
UM, SO ABOUT THE OPEN SPACE, OBVIOUSLY OPEN SPACE LIKE THIS IS SO VALUABLE.
UM, AND REALLY WE HAVE LESS AND LESS AND LESS OF IT.
AND SO I'M JUST, I'M JUST CURIOUS BASED ON YOUR DISCUSSION, YOUR RESPONSES TO COMMISSIONER GENERAL COMMISSIONER'S QUESTIONS ARE, ARE Y'ALL COMMITTING BECAUSE THE DETAIL IS NOT REALLY IN OUR BACKUP.
ARE Y'ALL COMMITTING TO PRESERVING ALL OF THE OPEN SPACE THAT EXISTS NOW FOR THE COMMUNITY FOR PUBLIC USE? UH, I GUESS THE ANSWER TO THAT IS YES.
ALTHOUGH I WILL SAY THE OPEN SPACE THAT WE WILL ULTIMATELY HAVE ON THE SITE IS LIKELY TO BE GREATER, MORE AREA THAN IT IS THAN YOU SEE TODAY.
BUT YEAH, THAT IS, YES, THAT IS A COMMITMENT COMMISSIONER THAT A ISD HAS MADE.
COMMISSIONER KOS? COMMISSIONER MAXWELL? UH, YES.
I WANTED, I UNDERSTAND THAT THE DIRECTOR OF REAL ESTATE IS THERE AND IF HE FELT COMFORTABLE COMING UP, I HAD A FEW QUESTIONS FOR HIM, BUT ONLY IF HE FEELS LIKE HE'D LIKE TO SPEAK OTHERWISE I'M HAPPY TO DIRECT HIS, THE APPLICATION.
HE LOVES TO TALK, SO I THINK HE WILL COME UP
UM, I'LL GO AHEAD AND START MY QUESTIONS JUST SO THAT HE, AS HE'S COMING UP, UM, ONE OF THE THINGS I WANTED TO MENTION, UM, WAS JUST GENERALLY SPEAKING, I KNOW A IC HAS DONE A TON OF OUTREACH AROUND TEACHER RETENTION THROUGH HOUSING.
SO I WAS HOPING YOU COULD SPEAK TO SOME OF THOSE PROGRAMS BADLY, BROADLY, BECAUSE I THINK THAT ACTUALLY HELPS FOLKS TO UNDERSTAND HOW YOU WILL DO THIS OUTREACH TO ENCOURAGE TEACHERS TO COME AND UTILIZE THESE NEW AFFORDABLE APARTMENTS.
SO THAT'S ONE OF MY QUESTIONS.
AND THEN THE OTHER QUESTION I WANTED TO SORT OF TOUCH ON WAS THE A LC STAYING IN THAT PARTICULAR LOCATION, WHICH MY UNDERSTANDING WAS THAT THAT WAS VERY MUCH COMMUNITY SUPPORTED AND THAT THE A LC HAS FOUND A HOME THERE.
AND THAT WOULD, THAT WOULD BE PART OF THE REASON WE ARE DOING THIS REDEVELOPMENT, IS TO KEEP THE A-S-D-A-A-L-C IN A NEW FACILITY THAT'S EVEN BETTER SUITED TO WORKING WITH THOSE TYPES OF STUDENTS.
SO IF YOU COULD SPEAK TO THOSE TWO ITEMS, THAT'D BE GREAT.
I'M THE DIRECTOR OF REAL ESTATE FOR THE AUSTIN INDEPENDENT SCHOOL DISTRICT.
YOU KNOW, OVER THE PAST THREE YEARS HAVE BEEN WORKING ON THIS EFFORT, UH, SINCE I STARTED.
UM, REALLY WAS DAY ONE WAS CHARGED WITH HOW DO WE REPURPOSE UNDERUTILIZED PROPERTY TO BENEFIT THE COMMUNITY.
AND ONE THING WE KNOW IS THAT OUR STUDENTS, THE BIGGEST IMPACT WE CAN HAVE IS MAKING SURE OUR SCHOOLS ARE FULLY STAFFED.
AND THAT DOESN'T JUST MEAN TEACHERS, IT ALSO MEANS BUS DRIVERS, FOOD SERVICE, CUSTODIAL MAINTENANCE.
AND WE HAVEN'T HEARD THOSE, UH, JOBS BE MENTIONED TONIGHT.
I JUST WANNA MAKE SURE THAT THAT'S PUT OUT THERE.
IT'S NOT JUST OUR TEACHERS, THE LIBRARIAN, BUT ALL THE SUPPORT STAFF THAT INTERACT WITH OUR STUDENTS AND FAMILIES EVERY DAY.
AND IN 2023, WE SURVEYED STAFF.
UH, WE HAVE OVER 10,000 EMPLOYEES.
UM, I THINK THAT'S A USEFUL NUMBER WHEN WE TALK ABOUT THE UP TO 700 UNITS THAT WE'RE CONTEMPLATING HERE.
AND WE ALSO HAVE, UH, 73,000 STUDENTS OVER HALF OF WHOM ARE ECONOMICALLY DISADVANTAGED.
UH, AND SO WHEN WE SURVEYED OUR STAFF, WE HAD AN HUGE RESPONSE RATE.
UH, THE FIRST TIME OVER 2,700, UH, STAFF RESPONDED, AND THEN FOLLOWING YEAR, ANOTHER 1700.
AND IN BOLD SURVEYS, WE HAD OVER TWO THIRDS IDENTIFYING THEMSELVES AS COST BURDEN, WHICH YOU ALL KNOW WELL BY NOW, THAT, UH, HUD SAYS THAT ANYONE WHO'S SPENDING MORE THAN 30% OF THEIR ANNUAL HOUSEHOLD INCOME ON HOUSING COSTS IS COST BURDEN.
SO THE FACT THAT TWO THIRDS OF OUR STAFF TEACHERS, LIBRARIANS, BUS DRIVERS, FOOD SERVICE MAINTENANCE WORKERS ARE SUFFERING THROUGH THAT.
AND SO THEY'RE FINDING IT CHALLENGING TO, UH, LIVE IN THE COMMUNITIES THEY SERVE HAS BEEN REALLY DIFFICULT.
AND SO WHILE THIS PROJECT HAS BEEN THROUGH A LOT OF COMMUNITY ENGAGEMENT, FORTHCOMING, THE DISTRICT'S DOING EVERYTHING TO BE CREATIVE.
SO IT'S PARTNERSHIPS WITH THE AUSTIN APARTMENT ASSOCIATION TO OFFER DISCOUNTS.
IT'S PARTNERSHIPS WITH HABITAT FOR HUMANITY TO MAKE SURE HOME OWNERSHIP OPPORTUNITIES ARE OUT THERE FOR TEACHERS AND STAFF.
IT'S HOME EDUCATION EVENTS WITH BCL OF TEXAS, IT'S A HOUSING RESOURCE PAGE THAT IS ROBUST WITH EVERYTHING YOU COULD IMAGINE.
ONE MIGHT ASK ABOUT WHAT THEY MIGHT NEED REGARDING HOUSING, WHETHER IT'S RENTING OR OWNING.
[01:30:01]
FOR THIS EFFORT, YOU KNOW, AS WE GO FORWARD, HOPEFULLY WITH APPROVAL HERE ON, ON EVERYTHING AND WITH CITY OF COUNCIL APPROVAL AS WELL, AND WE GET INTO DESIGN PHASE, WE WILL CONTINUE TO ENGAGE TEACHERS AND STAFF, BUT ALSO THE COMMUNITY ABOUT WHAT THIS ALL LOOKS LIKE.AND, AND WITH THAT THOUGH, ALSO KEEP OUR TEACHERS AND STAFF ENGAGED IN TERMS OF WHEN THE OPPORTUNITY WILL BE MADE AVAILABLE FOR THEM TO START APPLYING TO LEASE THESE UNITS.
AND AGAIN, HALF OF WHICH WILL BE INCOME RESTRICTED, UM, WHICH LINES UP WITH THEIR INDIVIDUAL SALARIES AND WHAT TRUSTEE HUNTER ALLUDED TO, UH, WELL, BUT THE UNFORTUNATE CIRCUMSTANCE IS THAT, UH, WE'RE NOT SEEING ANY CHANGE IN FUNDING.
AND SO THIS IS NOT IN LIEU OF COMPENSATION, BUT THIS IS TRYING TO HELP OUR TEACHERS AND STAFF DO MORE WITH THE MONEY THAT THEY DO HAVE IN THEIR WALLET.
AND SO WE THINK THIS IS VITALLY IMPORTANT BECAUSE WE DO NOT WANNA SEE THE, THE AFTER EFFECT IF WE CONTINUE TO LOSE STAFF, WHICH MEANS THAT OUR SCHOOLS ARE NOT FULLY STAFFED AT INCREASED CLASS SIZES, REDUCE PROGRAMMING, ET CETERA.
WE, WE ALL KNOW WHAT THAT LOOKS LIKE.
AND THE DISTRICT IS WORKING DESPERATELY HARD TO CONTINUE FIND WAYS TO INCREASE COMPENSATION, BUT ALSO THINK BIG AND THINK DIFFERENTLY ABOUT HOW, HOW WE HELP OUR TEACHERS AND STAFF LIVE IN THE COMMUNITIES THEY SERVE.
AND THEN IN TERMS OF THE A LC, YOU'RE ABSOLUTELY RIGHT, THERE WAS A HUGE COMMUNITY SUPPORT THROUGHOUT THE COMMUNITY ENGAGEMENT FROM THE VERY BEGINNING THAT THE COMMUNITY WANTED TO SEE AN EDUCATION USE STAY ON THAT SITE.
ONE THING TO NOTE IS THAT THE A LC STUDENTS HAVE BEEN SUBJECT TO BEING MOVED AROUND TO WHEREVER'S CONVENIENT OVER THE PAST LIKE DECADE AND WHICH IS WHY THEY ENDED UP IN THE ANITA COY FACILITY.
AND SO THIS IS AN OPPORTUNITY TO BUILD, UM, NOT RELYING UPON BOND DOLLARS, NOT RELYING UPON GENERAL FUND DOLLARS, BUT LEVERAGING THE VALUE OF THE LAND TO BUILD THEM.
A MODERNIZED FACILITY THAT IS RESPONSIVE TO THEIR LEARNING NEEDS IS OFTEN THEY'RE THE LAST ONES THAT, UH, WE ALL REMEMBER, BUT THEY'RE VERY MUCH A ISD STUDENTS AND DESERVE ALL.
THE SAME ATTENTION THE TIME HAS EXPIRED.
ANY OTHER COMMISSIONERS? IF NOT, IS THERE A MOTION COMMISSIONER ZA CHAIR WILL MAKE A MOTION TO MOVE AHEAD WITH STAFF RECOMMENDATION.
ANYONE CARE TO SPEAK IN FAVOR? I'LL, UM, CHAIR, I'LL SORT OF SPEAK TO THE MOTION AND JUST AGAIN, YOU, YOU KNOW, NOT TO BELABOR IT TOO MUCH, I DO APPRECIATE THE WORK THAT THE SCHOOL DISTRICT AND ITS STAFF THROUGH MR. FLA AND TEAM AND THE WORK THAT THEY'VE PUT IN AND WORKING WITH THE NEIGHBORHOOD, WORKING WITH THE COMMUNITY TO FIGURE OUT WHAT ARE PRIORITIES, SEEING WHAT FACILITIES NEED TO BE KEPT ON SITE, HOW TO WORK AROUND THE COMMUNITY ORGANIZATIONS THAT ARE ON SITE AS WELL.
WE'RE ALSO EXPANDING AFFORDABLE HOUSING OPPORTUNITIES.
I APPRECIATE, YOU KNOW, WHAT THE TRUSTEE WAS SAYING AND WHAT WAS ALREADY STEP BY TOLD TO US BY MS NEED AS WELL, THAT THIS IS A GREAT OPPORTUNITY FOR US TO REALLY BE ABLE TO BENEFIT OUR DISTRICT WITHOUT GETTING CAUGHT UP IN THE HAIR OF RECAPTURE.
SO THIS IS REALLY A TRUE COMMUNITY INVESTMENT IN OUR COMMUNITY AND WE GET TO PROVIDE BENEFIT FOR AFFORDABILITY, BUT ALSO TO IMPROVE OUR DISTRICT.
AND, UM, LIKE MR. ST WERE SAYING, THERE'S SO MANY FOLKS IN OUR SCHOOL DISTRICT WHO REALLY MAKE OUR SCHOOL DISTRICT A SUCCESS.
THESE ARE THE PEOPLE WHO ARE INTERACTING EVERY DAY WITH KIDS AND FAMILIES, AND THEY'RE INTERACTING WITH PARENTS.
THESE ARE THE FOLKS THAT WE NEED TO HAVE IN OUR COMMUNITY AND MAKE SURE THAT THEY HAVE OPPORTUNITIES LIKE THIS.
UM, SO I JUST WANNA APPRECIATE THE WORK THAT HAS GONE INTO THIS.
AND I KNOW THIS IS A, AND I WANNA SAY RIGHT, LIKE, WE'RE RIGHT HERE AT THE PRECIPICE AND IT SEEMS LIKE THIS IS A DECISION WE'RE MAKING, BUT I KNOW THIS IS A CONVERSATION THAT'S BEEN GOING ON FOR A DECADE.
THIS IS NOT A NEW CONVERSATION.
OUR COMMUNITY AND SO MANY FOLKS HAVE PUT IN THEIR EFFORT AND TIME BEFORE THIS, UM, INTO MAKING THIS HAPPEN.
SO JUST A BIG THANK YOU TO FOLKS AND I DO APPRECIATE MS. ME, YOU CONTINUING TO SORT OF AGREEING TO CONTINUE WORKING WITH THE CONTACT TEAM TO SEE HOW WE CAN BEST RESOLVE ANY OF THE CONCERNS THAT THEY HAVE.
BECAUSE OF COURSE, AS, AS YOU MENTIONED, THIS IS A PUBLIC, UM, ENTITY THAT'S DOING THIS WORK, AND WE UNDERSTAND THAT YOU'RE GONNA DO IT IN A WAY THAT WILL BE SUPPORTIVE OF OUR COMMUNITY.
IS THERE A SPEAKER AGAINST MR. BE RAMIREZ? SURE.
SO I UNDERSTAND THAT WITH THE ZONING THAT YOU'RE SEEKING, YOU'LL BE ABLE TO, WELL, I UNDERSTAND.
SO YOU'RE SEEKING A 90 FOOT ZONING IN A AREA THAT'S SURROUNDED BY 60 FOOT TALL BUILDINGS, A BLOCK AWAY FROM A MAJOR CORRIDOR.
AND I UNDERSTAND THAT YOU HAVE, YOU WANT TO MAXIMIZE WHAT YOU CAN BUILD.
AND I AM IN FAVOR OF TEACHER HOUSING.
I'M IN FAVOR OF AFFORDABLE HOUSING IN MY COMMUNITY.
THIS IS, YOU KNOW, I DRIVE BY THIS FACILITY EVERY DAY.
I SEE THE SOCCER PLAYERS, I SEE THE BACHELORETTE PARTIES WITH THE, YOU KNOW, THE ON THE BIKES THING, ALL OF IT.
UM, BUT WHAT CONCERNS ME IS I FEEL LIKE YOU ARE, I FEEL LIKE WE ARE USING KIND OF A SLEDGEHAMMER FOR A, A PUSHIN.
LIKE WE'RE USING, WE'RE USING THE
[01:35:01]
BIGGEST THING WE CAN TO ADDRESS THIS ISSUE.I, I, MY HOPE IS THAT YOU CAN WORK WITH THE NEIGHBORHOOD AND PUT TOGETHER SOME KIND OF RESTRICTED COVENANT THAT SAYS THAT YOU WILL MAXIMIZE AT 75 FEET.
'CAUSE AS WE DISCUSSED, YOU CAN FIT YOUR UNITS INTO 75 FEET.
IT'S COST PROHIBITIVE TO GO OVER 75 FEET.
I DON'T THINK IT'S AN OUTRAGEOUS ASK.
I THINK YOU'LL GET WHAT YOU NEED AND I WOULD LOVE TO SEE YOU APPROACH A WIN-WIN BETWEEN THE NEIGHBORHOOD AND THE DISTRICT.
SO I, MY HOPE IS THAT THAT'S WHERE WE CAN GET TOGETHER COMMISSION, WE'RE SPEAKING FOR COMMISSIONER MTEL.
UM, SOMETIMES IN OUR CASES WE HEAR ABOUT HOW THE DEVELOPMENT AND THE USE OF DB 90 IS GENTRIFYING OUR AREAS AND PUSHING OUR, OUR SCHOOLS, OUR FAMILIES OUT.
WE DON'T SEE THE OPPORTUNITY FOR FAMILY HOUSING.
WE DON'T SEE THE OPPORTUNITY FOR WORKFORCE HOUSING.
UM, I THINK SOME OF THE FOLKS THAT ARE THERE PROBABLY KNOW, I SPOKE OUT AGGRESSIVELY AGAINST THE, THE BOARD AND ON THAT, WHEN THAT CAME THROUGH, THIS COMMISSION A WHILE BACK WERE KIND OF IN THE SAME AREA.
BUT TO ME, THIS SEEMS LIKE A, THE BETTER GOAL OF WHY WE WANTED THESE TOOLS IN, IN THE CODE TO BE ABLE TO HAVE FLEXIBILITY TO DO SOME OF THESE THINGS.
AND I, I THINK THE, I, I'M IMPRESSED.
I THINK THE PROCESS IS CLEVER
UM, I THOUGHT OF IT AFTER OUR Q AND A.
SO MAYBE SOMETHING THAT EITHER PRESUMABLY YOU GUYS HAVE ALREADY ADDRESSED OR CAN BE TALKED ABOUT AS THIS MOVES THROUGH PROCESS IS WHY THIS WASN'T A PUD VERSUS GOING THIS WAY.
I, I JUST, IN MY MIND, ALL OF A SUDDEN THOUGHT MAYBE THAT WOULD GIVE MORE, UH, FLEXIBILITY TO THE DISTRICT AND THE DEVELOPER AND, AND HOW THEY DO THIS AND, AND MORE VISIBLE COMMUNITY, UM, BENEFIT IN THE BUY-IN.
BUT, YOU KNOW, I'LL JUST THROW THAT OUT THERE AS A THOUGHT CONSIDERATION.
BUT THIS IS THE KIND OF STUFF THAT I WAS HOPING TO SEE WHEN WE START TALKING ABOUT RELEASE, RELAXING SOME OF OUR OLD CODE STANDARDS AND OPENING THINGS UP WAS THESE WERE THE REWARDS THAT WE WOULD LIKE TO SEE COME INTO OUR COMMUNITY.
SO I HOPE IT'LL BE HARNESSED THAT WAY.
AND I ALSO KNOW THAT ON THE, ON THE SCHOOL BOARD SIDE AND ALL OF THAT, THERE SHOULD BE VERY ROBUST OPPORTUNITY FOR PUBLIC INPUT AS, AS I'M FAMILIAR WITH IT AND OUR DISTRICT'S PROCESSING.
AND I KNOW A SD DOES THE SIMILAR AND THE SAME.
THANK YOU COMMISSIONER SPEAKER AGAINST COMMISSIONER COX.
I, I HAVE A LOT OF RESERVATIONS ABOUT THIS.
NOT, NOT BECAUSE I, I DON'T SUPPORT THE GOALS.
UH, AND, AND I REALLY SUPPORT THE WAY THIS IS HEADED AND, AND WHAT A ISD IS TRYING TO DO.
MY RESERVATIONS ARE, ARE STRICTLY ABOUT THE LACK OF DETAIL AND THE LACK OF INFORMATION.
IF, IF, IF A ISD HAS BEEN GOING THROUGH A MULTI-YEAR LONG COMMUNITY ENGAGEMENT PROCESS, I'M A LITTLE CONFUSED AS TO WHY WE DON'T, WHY WE DON'T HAVE MORE INFORMATION.
THE, THE HEIGHT OF THE BUILDINGS SEEM TO BE SQUISHY.
THE AMOUNT OF PUBLICLY AVAILABLE LAND IS, IS SQUISHY.
EVERYTHING SEEMS TO BE SQUISHY.
AND WHAT IS BEING ASKED OF US IS ESSENTIALLY A CS ZONING WITH DB 90 THAT MAXES OUT THE DEVELOPMENT POTENTIAL.
WE DON'T HAVE ANY OTHER COMMITMENTS.
UH, WE HAVE A CS ZONING WITH DB 90, SO THAT ALLOWS 90 FOOT OF HEIGHT WITH, WITH CERTAIN AFFORDABLE HOUSING REQUIREMENTS AND RELATED TO THE AFFORDABLE HOUSING, THIS IS THE ABSOLUTE PERFECT OPPORTUNITY TO GET KIND OF A NEIGHBORHOOD SCALE AFFORDABLE HOUSING DEVELOPMENT BECAUSE IT'S ALREADY PUBLIC PROPERTY OWNED BY A ISD.
SO A ISD CAN REQUIRE THE AFFORDABLE HOUSING WITHOUT MAXING OUT THIS DB 90 DEVELOPMENT THAT WE'RE REALLY TARGETING FOR OUR CORRIDORS, UH, LIKE SEVENTH STREET.
AND THIS IS NOT ON SEVENTH STREET, THIS IS IN THE MIDDLE OF A NEIGHBORHOOD.
AND SO I, I SUPPORT THE GOALS AND, AND KIND OF THE METHODS IN WHICH A SD IS MOVING TO ACHIEVE THOSE GOALS.
BUT I HAVE A LOT OF RESERVATIONS ABOUT THE LACK OF DETAIL, THE LACK OF PARAMETERS THAT IS BEING REQUESTED WITHIN THE, THE PARTICULAR ZONING CATEGORY THAT WE'RE ASKED TO APPROVE HERE TONIGHT.
COMMISSIONER COX? I HAVE SPOT FOR ONE MORE, FOUR OR ONE MORE AGAINST COMMISSIONER MAXWELL.
UM, YEAH, I JUST REALLY WANNA ECHO WHAT COMMISSIONERS ARE SPOKE ABOUT EARLIER.
IT'S REALLY EXCITING TO SEE THIS PROJECT FINALLY COME TO US AT PLANNING COMMISSION.
IT'S BEEN IN PROCESS FOR A LONG TIME.
I WAS LUCKY ENOUGH TO SERVE ON THE BOND, UH, COMMISSION THE LAST TIME
[01:40:01]
WHEN WE PUT TOGETHER OUR 2022 BOND, WHICH WAS A TREMENDOUS AMOUNT OF WORK AND WAS REALLY THOUGHTFUL AND REALLY, I THINK A NEW FRONTIER FOR A ISD.AND THERE WERE JUST SOME THINGS WE COULDN'T PAY FOR IN THAT BOND.
AND THAT'S STILL THE CASE BECAUSE WE KNOW THAT THERE'S A SITUATION AT THE LEGISLATURE THAT LEAVES OUR START, OUR SCHOOL DISTRICT STARVED FOR ADDITIONAL CASH AND YOU CANNOT BOND FOR EVERYTHING.
AND THIS IS LITERALLY A WIN WIN WIN.
WE'RE GETTING A NEW FACILITY, WE'RE GETTING HOUSING FOR STAFF AND TEACHERS, WE'RE GETTING REVENUE FOR THE SCHOOL DISTRICT.
AND THIS IS IN A PLACE WHERE PEOPLE IN THE COMMUNITY HAVE ABSOLUTELY SUPPORTED THIS.
SO THEY ARE ACROSS A ISD, EVERYONE HAS WEIGHED IN TO SAY, THIS IS WHAT WE WANNA SEE THE DISTRICT DOING.
SO I'M VERY PLEASED TO BE SUPPORTING THIS.
I'M VERY PROUD TO BE AN A ISD PARENT AND IN AUSTIN TAXPAYER RIGHT NOW BECAUSE TO ME THIS SEEMS LIKE EXACTLY WHAT WE'RE LOOKING FOR WHEN WE DO THESE TYPES OF ZONING.
LET'S GIVE THEM FLEXIBILITY, LET'S GIVE THEM THE OPPORTUNITY TO PLAN SOMETHING.
LET'S CONTINUE THE CONTINUE COMMUNITY ENGAGEMENT AND RECOGNIZE THAT BOTH OUR COUNCIL AND THE A SD TRUSTEES ARE GONNA DO THE BEST JOB THEY CAN TO MAKE SURE WE GET A WONDERFUL PROJECT, AS TOUCHED ON EARLIER FOR EVERYBODY IN THIS COMMUNITY.
AND I'M JUST SO DELIGHTED TO HAVE THIS COME TO US AND I'M GONNA BE FULLY IN SUPPORT AND I HOPE THAT THIS WILL FLY THROUGH COUNCIL AS WELL, BECAUSE THIS IS EXACTLY WHAT WE SHOULD BE DOING AS A CITY.
UM, SO WE ARE LOOKING TO VOTE ON STAFF RECOMMENDATION.
COMMISSIONER AZAR, PUT FORWARD THE MOTION.
COMMISSIONER JOHNSON SECONDED.
ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND ON SCREEN GREEN.
ALL THOSE AGAINST, PLEASE RAISE RED IF YOU'RE AGAINST ANY ABSTAINED.
OKAY, THAT MOTION PASSES WITH COMMISSIONER, UH, BADDA RAMIREZ AND COX VOTING AGAINST.
AND COMMISSIONER WOODS ABSTAINING.
A ISD FOR COMING DOWN AND MOVING ON.
OKAY, LET'S MOVE TO ITEMS NUMBER EIGHT AND NINE.
I WAS JUST GONNA SAY I I SHOULD HAVE, HONESTLY, I DIDN'T CLARIFY THIS, BUT I KNOW THE INTENT WAS CLEAR.
I JUST WANNA MAKE SURE FOR THE NOTES IT'S CLEAR TO OUR STAFF.
UM, THIS WAS A MOTION ON BOTH ITEM NUMBER SIX AND SEVEN.
OKAY, STAFF IS COMING UP FOR ITEMS EIGHT
[Items 8 & 9]
AND NINE.ITEM NUMBER EIGHT IS PLAN AMENDMENT NPA 20 24 0 0 1 6 0.0 2 5 2 0 0 EAST FIFTH STREET WITHIN DISTRICT THREE.
PROPERTY ADDRESS IS 5 2 0 0 EAST FIFTH STREET WITHIN THE GOVALLE JOHNSON TERRACE NEIGHBORHOOD PLANNING AREA.
THE REQUEST IS A CHANGE OF FUTURE LAND USE.
MET FROM COMMERCIAL TO MIXED USE LAND USE, AND IS RECOMMENDED BY STAFF JONATHAN TOMKO WITH THE CITY'S PLANNING DEPARTMENT.
ITEM NUMBER SEVEN IS CASE NUMBER C 14 DASH 2 24 9 SH.
IT'S, UH, C 14 DASH 2 2 2 3 7 IS A REQUEST FOR 5,200 EAST FIFTH STREET FROM C-S-C-O-N-P TO C-S-M-U-V-C-O DB 90.
NP STAFF RECOMMENDS GRANTING THE REQUEST STAFF'S RECOMMENDATION WOULD CARRY OVER THE CONDITIONAL OVERLAY PROHIBITING THE SEVEN USES LISTED IN THE STAFF REPORT AND CONDITIONALLY ALLOW THE 10 USES LISTED IN THE STAFF REPORT.
THE SUBJECT TRACK IS APPROXIMATELY 1.3 ACRES, APPROXIMATELY 5,800 SQUARE, UH, 58,000 SQUARE FEET.
IT'S CURRENTLY UNDEVELOPED LAND.
THE NORTH IS UN ADDITIONAL UNDEVELOPED LAND TO THE EAST IS THE INTERCHANGE OF AIRPORT BOULEVARD EAST SEVENTH STREET, EAST FIFTH STREET, AND EAST CAESAR CHAVEZ STREET TO THE SOUTH, UH, ACROSS EAST FIFTH STREET AND EAST CAESAR CHA CHAVEZ IS AN AUTOMOTIVE REPAIR SHOP, A DOOR SUPPLIER, OFFICE, RETAIL, AND, UH, INDUSTRIAL USES AS WELL AS A GREYHOUND BUS STATION.
AND PARTS EAST SIDE BUS PLAZA AND TO THE WEST ARE VACANT WAREHOUSES.
UH, STAFF IS RECOMMENDING THIS, UH, ZONING BASED ON ITS PROXIMITY TO IMAGINE AUSTIN, UH, CENTERS AND CORRIDORS INCLUDING 250 FEET FROM EAST SEVENTH STREET, APPROXIMATELY 900 FEET FROM AIRPORT BOULEVARD.
AND, UM, THIS LOCATION, UH, WAS ENVISIONED TO ACCOMMODATE ADDITIONAL DEVELOPMENT AND DENSITY TO IMPLEMENT IMAGINE AUSTIN, THE CITY'S COMPREHENSIVE PLAN.
UM, AS FAR AS, UH, THE STREET NETWORK, UH, BOTH, BOTH EAST FIFTH STREET IS AN A SMP, UH, LEVEL FIVE.
AND EAST SEVENTH STREET IS ALSO AN A SMP LEVEL FIVE STREET AIRPORT BOULEVARD SOUTH OF WHERE THE INTERSECT, UM, WHERE IT INTERSECTS.
UH, LAVANDER LOOP IS ALSO AN A
[01:45:01]
SMP LEVEL FIVE STREET.UM, THE CLOSEST ZONE SINGLE FAMILY PARCELS ARE OVER A THOUSAND FEET AWAY.
UH, I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
AND MS. CARONI, YOU'VE BEEN DOING A GREAT JOB OF THIS, BUT WILL YOU PLEASE CONTINUE TO MC THE MEETING ANNOUNCING SPEAKERS AND WHEN SPEAKER'S TIME HAS ENDED? THANK YOU.
UM, SO I BELIEVE WE'LL BE HEARING FROM THE APPLICANT FOR FIVE MINUTES.
I'M HERE ON BEHALF OF AMANDA SWAR.
UM, WE'RE REPRESENTING THE OWNER OF THIS PROPERTY, UM, THIS EVENING.
I'M HERE TO DISCUSS THE REZONING OF THIS PROPERTY AND THE NEIGHBORHOOD PLAN AMENDMENT AT 5,200 EAST FIFTH STREET.
UM, JONATHAN AND MAUREEN DID A GOOD JOB ON, ON SUMMARIZING THE LOCATION.
I KNOW THIS LOOKS LIKE A LOT OF SPAGHETTI THROWN UP HERE, BUT THIS IS REALLY AN IDEAL LOCATION FOR, UH, THE DB 90 REQUEST.
YOU CAN SEE THAT WE ARE CENTERED BETWEEN, UH, EAST SEVENTH STREET AND EAST FIFTH STREET.
UH, I'VE OUTLINED THE GREATER DEVELOPMENT HERE IN THE DASH LINE AS WELL AS THE SOLID LINE.
SO THE NORTHERN PART OF THIS PROPERTY HAS A V DESIGNATION THAT WAS PUT IN PLACE AS A PART, THE NEIGHBORHOOD PLANNING, UH, I THINK IN 2010.
AND THEN THIS SOUTHERN PORTION IS ABOUT A 1.1 AND ONE THIRD ACRE PORTION OF THE OVERALL FIVE ACRE DEVELOPMENT THAT WE ARE REQUESTING THIS DB 90 ZONING ON.
UM, ZOOMING IN, YOU CAN SEE SOME OF THE TRANSPORTATION AND MOBILITY OPTIONS THAT ARE AVAILABLE TO THE SITE THAT REALLY JUST SPEAK TO ITS LOCATION.
UH, JUST THERE ON THE SOUTHWEST SIDE OF THE SITE, YOU'VE GOT THE EAST SIDE BUS PLAZA FOR CAP METRO AND CARTS.
UH, THAT GREEN DASHED LINE ON THE SOUTHERN SIDE OF THE SITE IS THE LANCE ARMSTRONG BIKEWAY THAT COMES AROUND FROM LA VANDER LOOP AND THEN HEADS DOWN FIFTH STREET ALL THE WAY TO DOWNTOWN.
AND THEN YOU'VE GOT, UH, EAST SEVENTH STREET ACCESS TO THE NORTH, UM, THROUGH THE DEVELOPMENT AS WELL AS, UH, TO THE SOUTH.
YOU'VE GOT EAST FIFTH STREET AND, AND EAST USER CHAVEZ.
UM, YOU CAN SEE ON THE LEFT THE ZONING THAT WE'RE TALKING ABOUT.
WE'RE CURRENTLY C-S-C-O-N-P AND WE'RE REQUESTING C-S-M-U-V DB 90 CONP.
AND ON THE RIGHT YOU CAN SEE THAT THE NORTH HAS ALREADY GOT THE MIXED USE DESIGNATION.
AND SO, UM, IN ORDER TO HAVE THE RESIDENTIAL USE THERE TODAY, WE NEED TO REZONE TO ADD, UM, THAT ABILITY AS WELL AS TO AMEND THE FUTURE LAND USE MAP TO ALLOW FOR MIX OF USES ON PROPERTY.
UM, I DO HAVE THESE LIST OF USES THAT ARE IN YOUR STAFF BACKUP IF YOU WANT ME TO COME BACK TO THESE.
UM, THERE WAS A PREVIOUS REZONING APPLICATION BACK WHEN WE STARTED THE WHOLE PLANNING PROCESS FOR WHAT THE SITE WAS GONNA BE.
I THINK IT'S JUST IMPORTANT TO TOUCH ON BECAUSE WE DID REACH OUT TO THE NEIGHBORHOOD AND SEEK INPUT FROM THEM, UM, AS WELL AS KIND OF WORKING THROUGH THE SITE PLANNING PROCESS.
AND SO, UM, IN TAKING INTO, UM, CONSIDERATION SOME OF THE FEEDBACK THAT THEY PROVIDED US, AS WELL AS WORKING WITH GUARD AND, UM, UH, THE FIRE DEPARTMENT, UH, WE HAD TO IMPLEMENT SOME SETBACKS ON THE SITE FOR WHERE RESIDENTIAL USES COULD BE.
UM, AND THEN WE ALSO INCORPORATED SOME OPEN SPACE IN THE FORM OF A A POCKET PARK.
AND I HAVE AN EXHIBIT THAT I CAN SHOW YOU HERE SHORTLY WHERE THAT LOCATION IS.
BUT, UM, WE DID END UP WITHDRAWING THAT APPLICATION FOR THE V AT THAT TIME BECAUSE WE WERE GOING TO PUT ALL OF THE RESIDENTIAL ON THE NORTH SIDE AND THEN PUT AN OFFICE BUILDING ON THE SOUTH SIDE.
UM, THESE ARE KIND OF JUST PROJECT FACTS AGAIN, UH, WE'RE, WE'RE LOOKING AT JUST REZONING THAT SOUTHERN PORTION, UM, THAT WOULD BE ALLOW FOR AN ADDITIONAL 116 UNITS.
UH, CURRENTLY UNDER CONSTRUCTION, IF YOU DRIVE BY THE SITE, YOU'LL SEE THAT THE PARKING GARAGE IS UP.
UM, THE, THERE ARE ABOUT 320 UNITS ON THE NORTHERN SITE OF THE SITE THAT ARE BEING BUILT.
THEY HAVE BEEN CERTIFIED, UM, AS AFFORDABLE 10% OF THOSE, UH, 60% MFI.
THIS WOULD ALLOW FOR AN ADDITIONAL 12 TO 14 UNITS WITH THE DB 90 COMPLIANCE, WHICH, UM, IS BETWEEN 50 AND 60% MFI.
UM, THERE WILL BE GROUND FLOOR COMMERCIAL, UH, THAT MINIMUM SQUARE FOOTAGE IS ABOUT 4,500 SQUARE FEET, UH, THAT WE MAY ANTICIPATE A LITTLE BIT MORE.
AND THEN, YOU KNOW, LISTING OUT, UH, THE LOCATION AMENITIES TO TRANSPORTATION FOR CYCLISTS AS WELL AS, UM, COMMUTERS OR BUS RIDERS.
NOT TO GET TECHNICAL BECAUSE I'M NOT AN ENGINEER, BUT I DO HAVE A A, A FORTUNE OF HAVING A SITE PLAN FOR THIS.
UM, YOU CAN SEE, YOU KNOW, SOME OF YOU MAY BE ONLINE A LITTLE BIT BETTER THAN WE CAN HERE, BUT THERE IS A YELLOW OUTLINE ON THE FAR RIGHT, UM, POINT OF THE SITE.
AND THAT IS WHERE, UH, THE POCKET PARK IS.
THIS IS ALREADY DEDICATED TO THE CITY OF AUSTIN.
[01:50:01]
UM, AN AMENITY TO THE CYCLISTS ON THE LANCE ARMS, LANCE ARMSTRONG, BIKEWAY.UH, WE'VE ACTUALLY GOT A COUPLE HERITAGE TREES ON THE PROPERTY THAT HAVE BEEN SAVED, AND TWO OF WHICH THAT HAVE ACTUALLY BEEN, UM, RELOCATED AS A PART OF THIS DEVELOPMENT, UM, TO ONE, I THINK ONE OR BOTH OF THEM ARE WITHIN THAT, UH, POCKET PARK.
AND THEN WE'VE KEPT A STRAND OF SENIOR ELMS AS WELL.
SO THAT WAS A PART OF KIND OF THE FEEDBACK.
AND WE RECEIVED INITIALLY FROM THE NEIGHBORHOOD IS NOT HAVING A MONOLITHIC BUILDING, HAVING IT KIND OF BROKEN UP.
AND SO YOU CAN'T SEE THAT ON THE NORTH SIDE OF THE SITE.
UM, THE RESIDENTIAL UNITS, UH, YOU KNOW, WILL BE WRAPPING THE, THE PARKING STRUCTURE AND THEN ON THE SOUTHERN END OF THE SITE.
UM, WE'RE NOT, WE ARE REQUESTING DB 90.
UM, WE HAVE ONE SPEAKER IN FAVOR, UM, LORRAINE ATHERTON.
UM, SPEAKERS IN OPPOSITION, CANDACE FOX.
CANDACE, YOU'LL HAVE THREE MINUTES.
UM, AGAIN, WE DID MEET WITH THE APPLICANT.
UM, THEY HAD COME TO US, UM, PREVIOUSLY AND WE HAD TALKED ABOUT HAVING THE, UH, ADDING A V TO THEIR ZONING REQUEST.
AND THEN THAT WENT AWAY IN SEPTEMBER, I BELIEVE, OF 2023.
AND SO JUST RECENTLY WITH THE DB 90 KIND OF AVALANCHE, UM, THEY'RE REQUESTING THE ADDITIONAL HEIGHT.
UM, AGAIN, IT'S NOT ON OUR DENSITY CORRIDORS AND WE DID TALK TO THEM AND SAID, YOU KNOW, WE WOULD BE SUPPORTIVE OF A V UM, ADDED TO THE ZONING, UM, TO GIVE THEM 75 FEET.
UM, BUT UM, WHAT THEY SAID WAS THEY WOULD NOT BE ABLE TO DO THAT AT THIS TIME.
SO AGAIN, WE'RE JUST REALLY KIND OF, UM, FACING LIKE THE, THE EXPANSION OF OUR AREA, WHICH ANOTHER SPEAKER SAID THAT A LOT OF MEAN, ONE OF THE COMMISSIONERS SAID THAT A LOT OF TIMES THAT THE, THE HEIGHT WILL ALSO ENCOURAGE MORE GENTRIFICATION AND THAT IS DEFINITELY SOMETHING THAT WE ARE TRYING TO FIGHT BACK.
UM, TRYING TO KEEP THE CHARACTER OF THE NEIGHBORHOOD, TRYING TO KEEP THE LIVABILITY OF THE NEIGHBORHOOD, THE TRAFFIC, TRAFFIC DOWN.
UM, SO THE CONTACT TEAM, UM, ALSO CANNOT SUPPORT THIS, UM, APPLICATION FOR THE DB 90, UM, ASPECT AS WELL.
SO, SO WE, YOU MIGHT BE SEEING A BIT OF ME
UM, BUT WITH THE DB 90, WE DON'T HAVE ANY KIND OF NEGOTIATION ABILITY ABILITY, UM, SO, YOU KNOW, WE GET THE, THE SOME MORE AFFORDABILITY, BUT, UM, THERE'S ALSO A LOT OF TIMES WE CAN GET A LOT MORE BENEFITS FOR OUR AREA, UM, WHEN WE DO HAVE THESE NEGOTIATIONS.
SO THAT IS OUR STANCE AT THIS TIME.
AND UM, I DO HOPE THAT WE CAN COME TO SOME KIND OF VISION, UH, RATHER THAN JUST MAXING OUT EVERY PROPERTY THAT COMES UP, UH, ON THE MARKET SO THAT WE CAN MAKE SURE THAT WE'RE GOOD NEIGHBORS WITH EACH OTHER AND WELCOMING NEW PEOPLE TO OUR NEIGHBORHOOD AS WELL THAT MIGHT NOT HAVE OTHERWISE BEEN ABLE TO COME HERE BECAUSE OF AFFORDABILITY, BUT ALSO MAKING IT A GOOD PLACE FOR THEM TO LIVE AS WELL.
SO I APPRECIATE YOU YOUR TIME AND I HOPE YOU HAVE A GREAT EVENING.
UH, THE NEXT SPEAKER IS RAUL ALVAREZ SPEAKING IN OPPOSITION.
RAUL, YOU'LL HAVE THREE MINUTES.
UH, GOOD, GOOD EVENING AGAIN AND WE'RE GONNA SOUND LIKE A BROKEN RECORD, BUT BECAUSE THERE'S, YOU KNOW, UM, 18 DB 90 CASES IN CENTRAL EAST AUSTIN ACTIVE AT THE MOMENT, AND UM, IT REALLY FEELS LIKE IT'S A BARRAGE.
UM, WE'RE BEING KIND OF UNDER ASSAULT HERE WITH DEVELOPMENT AND UM, AND FOLKS ARE JUST TRYING TO MAX OUT WHAT THEY CAN DO.
IN THIS CASE, WE HAD ACTUALLY REACHED AN AGREEMENT WITH THE DEVELOPER TO HAVE A NORTH TRACK,
[01:55:01]
THE SOUTH TRACK MATCH, THE NORTH TRACK, AND, AND WE DIDN'T HEAR ABOUT IT FOR A YEAR OR SOMETHING AND ALL OF A SUDDEN THEY'RE TRYING TO MAX OUT WITH DB 90.THIS WASN'T EVEN A VM U2 PROPOSAL WHEN WE HAD TALKED ABOUT IT, YOU KNOW, WAY BACK WHEN.
UM, AND SO I DO THINK THERE'S, WE HAVE TO BE CAREFUL AGAIN BECAUSE THESE DV NINETIES ARE NEW AND THEY'RE ALL MOVING AT THE SAME TIME.
AND SO TO REALLY LOOK AT WHAT'S, WHAT'S THE APPROPRIATE CRITERIA TO CONSIDER, UM, 'CAUSE EVERYONE'S TRYING TO MAX OUT EVEN WITH A ISD.
YES, THERE WAS A YEAR LONG OR 18 MONTH PROCESS OF ENGAGEMENT, BUT NEVER ONCE DID THEY SAY, AND WE'RE GONNA ASK FOR 90 FEET 'CAUSE YOU DAMN WELL KNOW, WE'RE GONNA BE BRINGING THAT UP AS AN ISSUE AT THAT TIME AND NOT WAITING TILL RIGHT NOW TO BRING UP THESE ISSUES.
AND THAT'S WHAT'S HAPPENED WITH A LOT OF THESE CASES IS WHEN THESE CASES WERE HEARD A YEAR AGO OR NINE MONTHS AGO, THERE WAS NO TALK OF DV 90 AND NOW WE'VE SEEN DV 90 LEFT AND RIGHT.
UM, AND SO I REALLY THINK, YOU KNOW, BEFORE DB 90 THERE WASN'T A FLOOD OF VMU TWOS, THERE WASN'T A FLOOD OF 'EM, RIGHT? IT WAS ONE A YEAR, ONE EVERY OTHER YEAR.
SO WHY IS IT ALL OF A SUDDEN THAT DB 90 FOR EVERYTHING ON THE EAST SIDE? UM, AND IT'S, UH, YOU KNOW, IT'S JUST SAD THAT, UH, THERE IS NO CONCERN FOR THE EAST SIDE AND WHAT'S HAPPENING IN TERMS OF DEVELOPMENT.
UM, AND I REALLY WISH Y'ALL THINK LONG AND HARD ABOUT THIS BECAUSE THESE ARE PRESIDENTS YOU ARE SETTING, UH, AND EVERYONE ELSE IS LOOKING AT ALL THE OTHER DV NINETIES.
THEY'RE LOOKING AT THIS AND GONNA FOLLOW THE LEAD THAT YOU SET IN THE EXAMPLE AND THE PRESIDENT THAT YOU SAID THOUGH, THANKS AGAIN FOR YOUR SERVICE.
I KNOW IT'S LATE AND IT'S WEEKNIGHT AND, UM, AND THANK YOU FOR YOUR CONSIDERATION.
UH, THE NEXT SPEAKER IN OPPOSITION IS DANIEL ESS JOINING US VIRTUALLY.
DANIEL, PLEASE PRESS STAR SIX.
UM, THAT CONCLUDES THE SPEAKERS FOR THIS ITEM.
IS THERE A VOTE TO CLOSE THE PUBLIC HEARING, MR. CHAIRMAN? YES.
I NEED TO, I NEED TO ASK A QUESTION DURING THE PUBLIC HEARING.
UM, ACTUALLY I NEED TO MAKE A STATEMENT DURING THE PUBLIC HEARING.
UM, UH, MR. ALVAREZ, I I APPRECIATE YOUR PASSION AND I APPRECIATE YOU COMING FORWARD AND YOU ARE AN ADVOCATE FOR YOUR NEIGHBORHOOD AND I WILL ALWAYS SUPPORT YOU.
BUT TO SAY THAT THERE'S NO CONCERN ON THIS COMMISSION FOR EAST AUSTIN, I, I THINK IS FALSE.
UM, I'M GOING TO REFLECT ONE OF MY COMMISSIONERS, UH, WHO IS NOT HERE TONIGHT, BUT I, I WILL TELL YOU THAT COMMISSIONER PHILLIPS LIVES BREATHES IN EVERY DAY, UM, TALKS ABOUT GENTRIFICATION AND TALKS ABOUT THE IMPACTS OF COMMUNITIES OF COLORS AND THERE ARE SEVERAL OF US ON THIS COMMISSION THAT ALSO, UH, VOTE ALMOST UP AND DOWN THE LINE TO GIVE NEIGHBORHOODS INPUT TO POSTPONE DB 90 CASES BECAUSE I AGREE WITH YOU, THEY ARE NEW.
UM, BUT TO SAY THAT THERE'S NO, UH, THAT'S JUST FALSE.
AND SO I, BUT I, I APPRECIATE YOUR INVOLVEMENT.
YOU HAVE THE RIGHT TO DO SO AND UM, AND I APPRECIATE YOU COMING FORWARD AND MAKING TESTIMONY.
ALRIGHT, LET'S VOTE TO CLOSE THE PUBLIC HEARING ON ITEMS EIGHT AND NINE.
IS THERE A MOTION MADE BY, UH, COMMISSIONER WOODS, SECONDED BY COMMISSIONER JOHNSON? NO OBJECTION.
OKAY, LET'S JUMP INTO DISCUSSION.
ANYONE WANT TO WEIGH IN? ANY QUESTIONS FOR THE, WE HAVE NEIGHBORHOOD REPRESENTATIVES, WE HAVE APPLICANT HERE.
YES, WE GET A REBUTTAL REAL QUICK WITHOUT OBJECTION.
LET'S REOPEN THAT PUBLIC HEARING AND LET'S TAKE THE REBUTTAL.
UM, I DID JUST WANT TO TOUCH ON A COUPLE THINGS.
SO THE, THE TIMELINE WITH WHENEVER WE STARTED THIS PROCESS WAS, UM, GOING TO THE NEIGHBORHOOD IN MAY OF 2021.
AND WE DID SUBMIT OUR APPLICATIONS AT THAT TIME, UM, IN JULY OF 2021.
AND, AND THEN WE WITHDREW THAT APPLICATION IN SEPTEMBER OF 2021 BECAUSE THAT'S WHEN WE KINDA HAD, IT KIND OF HAD SETTLED ON WHERE OUR LAND USES WERE ALL GONNA GO ONCE WE HAD DETERMINED LIKE WHERE THE POCKET PARK AND EVERYTHING WAS, HOW THAT WAS GONNA FIT.
UM, THE REASON THAT'S KIND OF IMPORTANT TO THIS, TO THIS REQUEST IS BECAUSE, UM, AT THAT TIME WE WERE LOOKING AT A A FOUR STORY OFFICE BUILDING AND NOW, UM, THE OFFICE MARKET IS JUST NOT SUPPORTIVE OF THAT HERE.
AND SO THIS IS REALLY AN DB 90 HAS COME AVAILABLE AS AN OPPORTUNITY
[02:00:01]
TO UTILIZE THIS, UM, KIND OF, NOT TO SPEAK TO SITE CONSTRAINTS, UH, SO MUCH AS JUST WE'RE, WE'RE NOT, WE'RE NOT TRYING TO MAXIM MAX OUT THIS PARCEL BECAUSE WE DO HAVE IT AS PRESERVED OPEN SPACE AS WELL AS OUR DRIVEWAY ALIGNMENT.SO, UM, THE REASON I FEEL LIKE THAT'S IMPORTANT IS 'CAUSE WE'RE NOT TRYING TO JUST MAX OUT THIS PORTION OF THIS PROPERTY, REALLY JUST TRYING TO TURN THIS INTO, UM, UH, ADDITIONAL HOUSING THAT'S SUPPORTIVE OF OUR TRANSIT GOALS, UM, AS WELL AS BEING ABLE TO PROVIDE THAT AFFORDABLE HOUSING COMES ALONG WITH IT.
HAVE YOU GUYS STUCK WITH ME FIRST TIME? SO THANK YOU.
IS THERE A MOTION TO CLOSE THE PUBLIC HEARING ON ITEMS EIGHT AND NINE? COMMISSIONER BEDA RAMIREZ, SECONDED BY COMMISSIONER ZA.
IF NO OBJECTION, THIS ITEM PASSES.
SO QUICK REMINDER, COMMISSIONERS THAT, UH, PLEASE STATE WHO THE QUESTION IS FOR AND ALLOW A FEW SECONDS FOR FOLKS TO COME UP AND, UM, TAKE HANDS.
ANYONE WANT TO GO? NO QUESTIONS.
IS THERE A MOTION FOR ITEMS EIGHT AND NINE? COMMISSIONER HANS VOTE, I, I MOVE STAFF OR STAFF RECOMMENDATION? YEP.
IS THERE A SECOND? COMMISSIONER SKIDMORE.
ANYONE SPEAKING IN FAVOR, MR. RAMIREZ? SURE.
AND I, I AM GONNA BE REALLY HONEST, THIS IS CHALLENGING, BUT THE REASON THAT I I SUPPORT DB 90 EAR IS THAT IT IS ON, IT'S RIGHT NEXT TO THE BUS STATION.
IT'S RIGHT NEXT TO SEVENTH STREET.
THERE IS NO SINGLE FAMILY HOME NEARBY.
IT'S A TOTALLY DIFFERENT CONTEXT FOR ME.
SO THAT'S THE ONLY REASON WHY I SUPPORT IT, BECAUSE IT'S NEXT TO THE HIGHWAY.
IT'S NOT, YOU KNOW, IT'S JUST DIFFERENT.
THAT'S, THAT'S, ANYONE OPPOSED? ANYONE CARE TO SPEAK? COMMISSIONER TEL? THANK YOU.
UM, I JUST WANNA, I, I DO WANNA HIGHLIGHT WE, UM, WHAT THE CONTACT TEAM IS TELLING US IS VERY TRUE.
WE ARE SEEING A TREMENDOUS SHIFT TO DB 90 IN THIS CORRIDOR.
AND THIS CAME UP IN SOME OF OUR CASES EARLIER ON, BUT THIS IS ALSO A VERY CLOSE PROXIMITY TO THE WILDLIFE SANCTUARY AND TO THE LOWER COLORADO RIVER.
I, I DO WANNA VOICE MY CONCERNS THAT WE DO NOT HAVE THE STUDIES AND THE OVERALL PLANS ON DRAINAGE AND WATER UTILIZATION AND INFRASTRUCTURE AS THIS AREA EXPANDS.
AND I, I JUST WANNA PUT THAT ON RECORD THAT I HAVE SOME HOLDBACKS AND CONCERNS AT THE RATE AT WHICH THIS IS GOING WITHOUT THAT FULL STUDY OF DRAINAGE LOOKING AT THESE AREAS AND THE FULL STUDY OF INFRASTRUCTURE THAT'S GONNA BE REQUIRED TO SUPPORT THESE PROJECTS.
SPEAKER IN SUPPORT COMM ZA, UM, CHAIR, I JUST WANTED TO, UM, CONFIRM AGAIN, JUST FOR THE RECORD WHERE THAT THE MOTION MAKER WAS TALKING ABOUT BOTH ITEMS EIGHT AND NINE, CORRECT? CORRECT.
SPEAKER IN FAVOR, COMMISSIONER COX? YEAH, I WANNA ECHO WHAT MY FELLOW COMMISSIONER SAID.
YOU KNOW, WHEN I THINK OF CS ZONING AND WHEN I THINK OF THE BENEFITS OF DB 90, IT, IT, IT REALLY SEEMS SUITED FOR A SITE LIKE THIS.
UM, IT DOES NOT SEEM SUITED FOR THE SITE THAT WE VOTED ON PREVIOUSLY
UM, UH, THEY'RE HIGHER CAPACITY STREETS, AND IT'S ALSO A MORE CONFINED SITE, UH, THAT'S SURROUNDED BY A LOT OF COMMERCIAL, UH, AND HIGHER DENSITY RESIDENTIAL.
AND SO THE, THE BENEFITS OF DB 90 ACTUALLY MAKE SENSE IN, IN A CONTEXT LIKE THIS VERSUS THE PREVIOUS CASE.
SO, UH, LIKE MY FELLOW COMMISSIONER SAID, THAT'S WHY I CAN SUPPORT A DB 90 ZONING DESIGNATION ON THIS PARTICULAR SITE.
EVERYONE IN FAVOR? OH, EXCUSE ME.
UH, COMMISSIONER SKIDMORE? NO.
EVERYONE IN FAVOR ON THE DUS? PLEASE RAISE YOUR HAND.
EVERYONE ON THE DAUS ARE OUT ON THE SCREEN.
ANYONE OPPOSED? PLEASE RAISE RED.
THE ITEM PASSES WITH COMMISSIONER MU TAYLOR VOTING ABSTENTION.
[02:05:04]
CHAIR.[12. Rezoning: C14-2024-0007 - 1209 West 5th Street; District 9]
TO, UM, DO ITEM NUMBER 12 BEFORE THAT.YOU'LL NOW HEAR FROM THE APPLICANT FOR FIVE MINUTES.
JONATHAN TOMKO FROM THE CITY'S PLANNING DEPARTMENT.
ITEM NUMBER 12 IS CASE NUMBER C 14 2024 DASH 0 0 0 7 IS THE RE-ZONING REQUEST FOR 1209 WEST FIFTH STREET FROM L-I-C-O-N-P TO L-I-P-D-A-N-P.
STAFF RECOMMENDS GRANTING THE REQUEST, WHICH WOULD ALLOW THE PROPERTY TO BE DEVELOPED AND USED WITH THE REGULATIONS FOR THE LIMITED INDUSTRIAL SERVICES L LI ZONING DISTRICT WITH PERMITTED CONDITIONS AND, UH, PERMITTED AND CONDITIONAL RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AGRICULTURAL AND CIVIC USES.
DETAILED IN THE STAFF REPORT SITE DEVELOPMENT REGULATIONS WOULD INCLUDE A MAXIMUM HEIGHT OF 120 FEET, A MAXIMUM FAR OF FLOW TO AREA RATIO OF 6.5 TO ONE A MAXIMUM BUILDING COVERAGE AND IMPERVIOUS COVER OF 91 90 5%, AND A MINIMUM SETBACKS OF ZERO OR A LOT LINE.
UH, THE SUBJECT TRACT IS APPROXIMATELY 0.56 ACRES, APPROXIMATELY 20,000 SQUARE FEET.
PROPERTY IN QUESTION IS CURRENTLY A MEDIUM OFFICE BUILDING OF THREE STORIES AND APPROXIMATELY 11,000 SQUARE FEET.
CONSTRUCTED IN 1985, UH, TO THE NORTH ARE TWO SMALL STORES AND ONE SMALL OFFICE TO THE SOUTH IS A SMALL OFFICE RETAIL SPACE, AND A WAREHOUSE TO THE EAST IS A PAVED AREA OF APPROXIMATELY 8,000 SQUARE FEET INTO THE WEST IS A SMALL RETAIL STRIP CENTER.
STAFF IS RECOMMENDING THIS ZONING BASED ON THE OLD WEST AUSTIN NEIGHBORHOOD PLAN, IDENTIFYING THE AREAS WHERE, UM, WHERE THE PROPERTY IS LOCATED AS A NEIGHBORHOOD FRIENDLY COMMERCIAL AREA WHERE OFFICE RETAIL AND RESIDENCES CAN BE MIXED VERTICALLY AND HORIZONTALLY, UH, ZONING, ALLOWING THE REASONABLE USE OF THE PROPERTY.
THIS PROPERTY IS LESS THAN A QUARTER MILE FROM DOWNTOWN AUSTIN.
UH, NEIGHBORING SF THREE PROPERTIES TO THE NORTH ARE APPROXIMATELY A SEVENTH OF A MILE AWAY AND BUFFERED BY AT LEAST ONE CITY BLOCK.
IT'S REASONABLE TO EXPECT THAT EVEN SMALL PARCELS LIKE THIS, UH, SUBJECT TRACK, UH, APPROXIMATE TO THE URBAN CORE MAY BE REDEVELOPED WITH MORE INTENSIVE USES IN THE NEAR FUTURE.
UM, THE PROPOSED ZONING WOULD BE CONSISTENT WITH THE ADOPTED COMPREHENSIVE PLAN.
IMAGINE AUSTIN, WHICH IDENTIFIES WEST FIFTH AND WEST SIXTH STREET AS IMAGINE AUSTIN CORRIDORS.
AND THE SUBJECT TRACK, LIKE I SAID, WAS A A QUARTER MILE FROM DOWNTOWN AUSTIN, WHICH IS IDENTIFIED AS AN I IMAGINE AUSTIN CENTER.
UM, THE, UH, WEST FIFTH STREET IS IDENTIFIED AS AN A SMP LEVEL THREE ROADWAY SERVICED BY THE HIGH FREQUENCY, UH, CAP METRO ROUTE FOUR BUS.
AND THERE ARE OTHER PROPERTIES IN THE, UH, VICINITY THAT HAVE RECENTLY BEEN GRANTED.
L-I-P-D-A-N-P FROM L-I-C-O-N-P AS THIS REQUEST, UH, IS BEFORE YOU.
UM, THEY'RE LISTED IN THE AREA CASE HISTORY SECTION OF THE STAFF REPORT.
AND, UH, THAT FINAL, UH, ZONING PRINCIPLE IS THAT, UH, ZONING SHOULD NOT CONSTITUTE A GRANT OF SPECIAL PRIVILEGE TO AN INDIVIDUAL OWNER.
GRANTING OF THE REQUEST SHOULD RESULT AS EQUAL TREATMENT OF SIMILARLY SITUATED PROPERTIES.
I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
WE'LL NOW HEAR FROM THE APPLICANT FOR FIVE MINUTES.
HELLO, COMMISSIONERS, I'M LIA BOJO WITH DRE GROUP HERE ON BEHALF OF THE APPLICANT.
SO, AS MR. TOMKO SAID, WE'RE LOOKING AT 1209 WEST FIFTH STREET, AND THE PROPOSAL IS AN L-I-P-D-A.
UM, THIS IS JUST TO SITUATE EVERYONE.
THIS IS, UM, JUST A COUPLE BLOCKS WEST OF LAMAR, UM, ON WEST FIFTH.
IT'S ABOUT, IT'S JUST UNDER HALF AN ACRE, ACTUALLY.
AND IT HAS CURRENTLY HAS A 10,000, APPROXIMATELY 10,000 SQUARE FOOT OFFICE BUILDING WITH SURFACE PARKING, UM, NEARBY.
UM, AND ALSO AS MR. TOMKO MENTIONED, UM, FIFTH STREET AND SIXTH STREET, WEST FIFTH AND WEST SIXTH ARE BOTH IDENTIFIED AS HIGH FREQUENCY TRANSIT STOPS IN THE A SMP AND AS IMAGINE AUSTIN CORRIDOR.
SO THIS REALLY IS, UM, THE PLACE IN OUR CITY THAT WE'VE SAID WE WANNA SEE DENSITY AND WE WANNA SEE TRANSIT SUPPORTIVE HOUSING.
UM, HERE WE ARE ZOOMED IN A LITTLE BIT, ACTUALLY BEFORE I ZOOM IN, I SHOULD, I SHOULD SPEND ANOTHER SECOND HERE.
POINTING OUT THE, THE RICH DIVERSITY OF USES THAT SURROUND THE SITE.
UM, THIS IS PROBABLY ONE OF THE BEST PLACES TO LIVE A CAR LIGHT OR PEDESTRIAN OR BIKE OR TRANSIT HEAVY LIFESTYLE.
[02:10:01]
YOU'RE LIKE A 10 MINUTE WALK FROM WHOLE FOODS.UM, THERE'S RESTAURANTS, THERE'S BARS, THERE'S FITNESS, THERE'S RETAIL.
LIKE THIS IS A, THIS IS A REALLY FANTASTIC LOCATION TO BE PUTTING, UM, ADDITIONAL USES AND ADDITIONAL RESIDENTIAL USES.
AND SO HERE AGAIN, AS YOU ZOOM, ZOOM IN A LITTLE CLOSER, WE CAN SEE THAT IT IS A, UM, ABOUT A CIRCA MID EIGHTIES OFFICE BUILDING WITH SURFACE PARKING.
HERE WE HAVE A ZONING MAP, UM, AND IT IS LICO TODAY, UH, WE ARE LOOKING FOR A PDA.
WE HAVE RETAINED, WE HAVE INCORPORATED THE, THE CONDITIONAL OVERLAY INTO THE PDA.
WE PROPOSED THE CONDITIONAL OVERLAY, PROHIBITED CERTAIN USES, UM, AND WE HAVE INCLUDED THOSE IN THE PDA, UM, AS WELL AS THE OTHER REQUESTS THAT WE'RE MAKING.
UM, SO HERE'S A, A KIND OF A HIGH LEVEL SUMMARY.
UM, I KNOW YOU HAVE MORE DETAILS IN YOUR BACKUP, BUT I JUST WANTED TO POINT OUT THE MAIN POINTS, WHICH ARE, UM, THE HEIGHT OF 120 FEET, WHICH IS THE REASON THAT WE'RE ASKING FOR A PDA, UM, SIX AND A HALF FAR TO ONE.
UM, AS, AS MR. TOMKO SAID, ZERO LINES, ZERO, UM, SETBACKS, AND, UM, A LONG LIST OF PROHIBITED USES.
UM, THE NEXT SLIDE HERE, AND I KNOW THIS IS KIND OF SMALL AND I APOLOGIZE FOR THAT.
UM, THESE ARE THINGS WE HAVE BEEN WORKING WITH THE NEIGHBORS.
I KNOW WE'RE, WE, WERE NOT ABLE TO COME TO, UH, AN AGREEMENT UNFORTUNATELY, BUT WE HAVE BEEN WORKING WITH THE NEIGHBORS FOR SEVERAL MONTHS AND, UM, AS I THINK THEY'LL ALSO SAY HERE, AND SO THESE ARE SOME OF THE THINGS THAT STARTING, YOU KNOW, WITH THE FIRST ROUND OF THE RESTRICTED PRIVATE RESTRICTIVE COVENANT WE'VE BEEN DRAFTING, AND THEN SOME THINGS AS RECENTLY AS LAST WEEK, UM, THAT WE HAVE AGREED TO.
UM, SOME OF THESE THINGS COULD GO IN THE PDA, SOME OF THEM I THINK COULD NOT.
THAT'S SOMETHING WE WOULD HAVE TO FIGURE OUT WHICH THINGS WOULD GO IN A COVENANT AND WHICH THINGS WOULD HAVE TO GO, WOULD BE ABLE TO GO IN THE ORDINANCE.
UM, BUT I SPECIFICALLY WANNA POINT OUT, UM, A FEW ADDITIONAL PROHIBITED USES.
UM, A STEP BACK AT 30 FEET OF HEIGHT GLAZING REQUIREMENTS, FACADE MINIMUMS, UM, SORT OF MORE DESIGN ORIENTED KINDS OF THINGS LIKE THAT.
UM, WE HAVE AGREED TO STREET SCAPE REQUIREMENTS.
WE ARE, WE ARE OF COURSE, SUBJECT TO COMMERCIAL DESIGN STANDARDS, BUT WE HAVE AGREED TO ADDITIONAL SOME ADDITIONAL REQUIREMENTS LIKE BIGGER CALIPER INCH TREES CLOSER TOGETHER.
THEN CODE WOULD REQUIRE THINGS LIKE THAT TO SORT OF ENHANCE THE, UM, TO TRY TO ENHANCE THE, THE STREET SCAPE HERE IN THIS IMPORTANT STRETCH.
UM, WE'VE ALSO AGREED TO PUT ALL PARKING UNDERGROUND WITH THE POSSIBLE EXCEPTION OF A DA PARKING.
UM, WE WOULD HAVE EVERYTHING BE SUBSURFACE, WHICH I THINK IS A PRETTY BIG, UM, GIVE AND AN EX AND AN EXCITING GIVE.
UM, AUSTIN ENERGY THREE STAR MINIMUM, NO OUTDOOR AMPLIFIED SOUND PERMITS, AND THEN AFFORDABLE HOUSING TO MATCH DB 90.
SO WE'VE SORT OF REFLECTED, BECAUSE IT'S A PDA, IT CAN'T BE THROUGH THE CITY'S PROGRAM THAT WE'VE REFLECTED THE EXACT REQUIREMENTS OF THE DB 90 PROGRAM THAT WERE JUST PASSED IN THE RESTRICTIVE COVENANT.
UM, AND WITH THAT, I WILL CLOSE AND MAKE MYSELF AVAILABLE FOR QUESTIONS.
UM, CHAIR, WE WILL NOW HEAR FOR FROM THOSE SPEAKING IN OPPOSITION.
UH, THE FIRST SPEAKER IS MAUREEN MEADOW MEAR.
UH, MAUREEN, YOU'LL HAVE FOUR MINUTES.
UM, LINE WE'RE, EXCUSE ME, SORRY TO INTERRUPT.
WE'RE STILL NOT ABLE TO SEE THE SPEAKERS.
IF WE COULD TURN THE CAMERA AROUND, THAT'D BE GREAT.
WE CAN FLIP THE FEED OF THE ROOM TO THE SPEAKERS.
UH, GOOD EVENING PLANNING COMMISSIONER CHAIRS.
MY NAME IS MAUREEN MATOYER AND I'M HERE AS A MEMBER OF THE OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION ZONING COMMITTEE TO SHARE OUR OPPOSITION TO 1209 WEST WEST FIFTH STREET REZONING APPLICATION FROM L-I-C-O-N-P TO L-I-P-D-A-N-P.
AWANA HAS WORKED SUCCESSFULLY WITH, WITH SEVERAL LARGE DEVELOPERS OVER THE LAST SEVERAL YEARS AND AGREED TO, UH, NUMEROUS ZONING CHANGES TO INCREASE BOTH OPTIONS FOR HOUSING AND RETAIL THAT COMPLEMENT OUR HISTORIC NEIGHBORHOOD.
A FEW OF THOSE PROJECTS, WHICH YOU ALL HAVE HAD BEFORE YOU MML HOSPITALITY AT 1200 WEST SIXTH STREET ENDEAVOR REAL ESTATE, WHO IS DOING A DEVELOPMENT AT FIFTH AND WALL STREET AND NOW'S PHARMACY ON WESTLAND WITH ZYDECO DEVELOPMENT.
ALL OF THOSE PROJECTS, WE SUPPORTED ALL OF THEM.
WE SUCCESSFULLY WORKED WITH THE DEVELOPER.
UH, WE RECENTLY SUPPORTED A REZONING FROM LICO TO L-I-P-D-A WITH ENDEAVOR REAL ESTATE ON FOUR 10 PRESLER STREET, WHICH THIS COMMISSION ALSO APPROVED.
IT WAS SHORTLY AFTER AWANA SUPPORTED THIS REZONING FOR 120 FEET ON THE FOUR 10 PRESLER, WHICH WAS ALSO COMBINED WITH NUMEROUS COMMUNITY BENEFITS THAT THE AGENTS FOR 1209 WEST FIFTH REACHED OUT TO ASK FOR THE SAME HEIGHT AND THE SAME, UH, ZONING CHANGE THAT FOUR 10 PRESLER RECEIVED.
BUT WE'VE HAD VERY LITTLE SUCCESS IN NEGOTIATING IN THE WAY OF COMMUNITY BENEFITS THAT WOULD PROBABLY APPLY IN OTHER COM, OTHER ZONING CATEGORIES SUCH AS DB 90 AT THE TIME THEY CONTACTED US, THERE WAS NO PLAN, NO PROPOSAL FOR CONDITIONS OF PDA.
WE DIRECTED THEM TO LOOK AT THE, THE AGREEMENT WITH THE FOUR 10 PRESLER, WHICH YOU SHOULD HAVE IN YOUR BACKUP.
THERE IS A REALLY HELPFUL, HANDY DANDY CHART IN THERE THAT COMPARES WHAT THE AGENTS ARE ASKING
[02:15:01]
FOR WITH WHAT OANA HAS SUPPORTED AND WHAT OTHER ZONING CATEGORIES ALLOW.UM, WE, WE, UH, MET WITH THEM IN MARCH.
THEY PROVIDED A CONCEPT SKETCH FOR A RESIDENTIAL TOWER, WHICH YOU HAVE IN YOUR BACKUP AFTER RESU REVIEWING THE CONCEPT PLAN AND ELEVATIONS.
THE COMMITTEE WAS CONCERNED THAT THIS PROPOSAL AND THIS ZONING CHANGE WAS TRYING TO SQUEEZE WAY TOO MUCH ON A 0.45 ACRE LOT.
WE SUGGESTED THAT THEY PROVIDE CONDITIONS SIMILAR TO THE PRESLER PROJECT, INCLUDING A DESIGN SETBACK TO AVOID THE CANYON EFFECT ALONG WEST FIFTH STREET, AFFORDABLE HOUSING COMMITMENTS, PEDESTRIAN FRIENDLY SETBACKS AND USES IN HOURS THAT WOULD COMPLIMENT THE NEIGHBORHOOD.
UM, AGAIN, AS YOU SEE, THEY ONLY WANNA HAVE A FIVE FOOT SETBACK ON THE LOT.
THEY'RE NOT WILLING TO DO ANYTHING MORE THAN WHAT IS CONTAINED IN THE DB 90 FOR SIDEWALKS AND AFFORDABILITY.
AND EVEN AFTER THAT, THE AGENT HAS STILL COMMUNICATED TO US THAT THEY WOULD NOT COMMIT TO 70% OF 120 FOOT TALL BUILDING RESIDENTIAL BUILDING, THAT IT WOULD BE RESIDENTIAL.
IT HAS BEEN STATED IN THE EMAILS FROM THE AGENT TO OUR, UH, ZONING COMMITTEE THAT THE PROPOSED MULTIFAMILY DEVELOPMENT IS NOT CERTAIN AND THEY CAN'T COMMIT TO IT.
AND IF THEY DO, IT WILL CREATE A CONFLICT WITH EXISTING BUILDING USE BASED ON THAT SMALL LOT SIZE AND THE LACK OF AFFORDABLE HOUSING COMMITMENTS IN ENFORCEABLE BY THE CITY.
IN THE AGENT'S PROPOSAL, ANA STATED IT COULD ONLY AGREE TO SUPPORT A PDA WITH A HEIGHT LIMIT OF 75 FEET, AS THAT IS THE CLOSEST PDA TO THIS PROPERTY AT FIFTH AND WALSH.
UH, THE IDEA BEHIND INCENTIVIZING EXTRA HEIGHT HERE IS TO GAIN MORE HOUSING AND DENSITY THAT CONTRIBUTES TO AFFORDABILITY.
WE THINK IF THIS COMMISSION RECOMMENDS THAT CITY COUNCIL DOUBLE THE BUILDING ENTITLEMENT FOR THIS LOT, THERE SHOULD BE SOME REQUIRED MASSING DESIGN, PEDESTRIAN FRIENDLY AND AFFORDABILITY BENEFITS TO THE COMMUNITY.
WE ARE STILL HOPEFUL TO REACH AN AGREEMENT WITH THE OWNERS, BUT UNTIL THAT HAPPENS, WE WOULD, WE WOULD URGE YOU TO VOTE AGAINST THE ZONING REQUEST.
THERE ARE OTHER AVENUES FOR THE APPLICANT TO PURSUE THAT PROVIDE REQUIREMENTS FOR COMMUNITY BENEFITS AS WELL AS HOLISTIC PLANNING GOALS, WHICH HAVE BEEN ESTABLISHED IN OTHER CATEGORIES SUCH AS DB 90 A DB 90 REZONING WOULD GUARANTEE HOUSING WITH AFFORDABILITY COMPONENT AND ALLOW FOR COMMUNITY BENEFIT OF 75% OF THE GROUND FLOOR TO BE PEDESTRIAN ORIENTED.
THESE DEVELOPMENT STANDARDS WILL AVOID THINGS LIKE A DROP OFF ZONE IN THE MIDDLE OF THE SIDEWALK AS SHOWN IN THE BACKUP FOR THE CONCEPT SKETCH AT 1209 WEST FIFTH.
THE DB 90 ALSO PROVIDES DEVELOPER THE HEIGHT THAT THEY WOULD NEED FOR RESIDENTIAL MIXED USE WHILE THEY'RE LOOKING TO PROTECT, UH, THE NE WHILE ALSO LOOKING FOR, UM, COMPATIBILITY WITH OUT OF SCALE PROJECTS WITH THE NEIGHBORHOOD AND THE NEARBY OFFICE BUILDINGS AND RESIDENTIAL.
I WOULD ALSO NOTE, AGAIN, THE ONLY BUILDING ON FIFTH STREET SO FAR THAT HAS 120 FEET IS FOUR 10 PRESLER.
AND THEY HAVE AGREED TO NUMEROUS, NUMEROUS THINGS TO BE ABLE TO GET THAT ADDED HEIGHT FOR RESIDENTIAL USE.
SO THE CITY HAS ESTABLISHED THAT INCREASED HEIGHT IS AVAILABLE UNDER CERTAIN CONDITIONS OF PROVIDING AFFORDABLE HOUSING.
IT SHOULD BE PART OF THE DEAL.
SO I WOULD URGE YOU ALL TO DO THAT.
AND WE REALLY THANK YOU FOR YOUR TIME AND YOUR SERVICE TO THE CITY.
UH, THANK YOU FOR YOUR COMMENTS.
UM, I'M MEANT TO CHECK IF SHEILA LOIN IS PRESENT.
UM, SHEILA DONATED ONE MINUTE TO MAUREEN.
UH, THE NEXT SPEAKER IS DONNA OSBORNE, SPEAKING IN OPPOSITION.
UM, DONNA, YOU'LL HAVE THREE MINUTES TO SPEAK.
I AM AN ARCHITECT AND A MEMBER OF THE AWANA ZONING COMMITTEE, AND I AM HERE TO SPEAK IN OPPOSITION OF THE REZONING OF 1209 WEST FIFTH.
I WANT TO CALL YOUR ATTENTION TO A STATEMENT IN THE SUMMARY LETTER DATED, UH, DECEMBER 12TH, 2023.
THAT WAS PART OF THE APPLICATION FOR BY THE AGENT FOR THE REZONING.
I QUOTE, THE PURPOSE OF THIS REZONING REQUEST IS TO ESTABLISH A PDA COMBINING DISTRICT TO ALLOW FOR MULTI-FAMILY DEVELOPMENT HEIGHT OF ONE 20 FEET AND REDUCED SETBACKS.
THE REQUEST IS CONSISTENT WITH ADJACENT AND NEARBY PROPERTIES.
THE REQUEST MAY BE SOMEWHAT CONSISTENT WITH PDA ZONINGS, NO PROPERTIES ARE OVER 75 FEET IN THIS AREA.
AND OUR EXPERIENCE IN MEETING AND DISCUSSING WITH REZO, THE REZONING WITH THE AGENT IS THAT THE OWNERS WERE UNABLE TO COMMIT TO A 75% COM RESIDENTIAL COMPONENT, WHICH SEEMS TO BE THE BASIS FOR THEIR REQUEST FOR ADDITIONAL HEIGHT.
NOR HAS THERE BEEN SUFFICIENT FOCUS ON BENEFITS FOR THE COMMUNITY OR HOW THIS BUILDING WILL BE EXPERIENCED AT THE GROUND LEVEL AND ABOVE FOR AT LEAST THE NEXT SEVERAL DECADES.
I'D LIKE TO POINT OUT TWO NEARBY ADJACENT PROPERTIES.
THE CLARK AT 1301 WEST FIFTH, JUST TWO PROPERTIES OVER ON ORCHID STREET WAS REZONED PDA.
IN 2014, ANA WAS ABLE TO SUCCESSFULLY CRAFT A COVENANT WITH THE CLARK THAT ALLOWED A MAXIMUM HEIGHT OF 75 FEET, NOT
[02:20:01]
120 AND GENEROUS BROWN FLOOR SETBACKS ON THREE SIDES OF THE BUILDING STREET SCAPES AT 17 FEET.ONE, JUST, JUST ONE FOOT SHY OF THE CITY OF AUSTIN'S GREAT STREET PLANS, WHOSE OBJECTIVE IS TO CREATE AN ELEVATED HUMAN EXPERIENCE UP AND DOWN MAJOR TRA TRANSIT BORDERS.
THERE IS ALSO BUILDING SET STEP BACKS, WHICH ALSO LESSEN THE TOWERING EFFECT ON THIS BUILDING ACROSS THE STREET AT THE CORNER OF FIFTH AND WALSH.
WE SUCCESSFULLY WORKED WITH THE DEVELOPERS AND SUPPORTED A PDA REZONING APPROVED IN 2021.
AGAIN, THE MAXIMUM HEIGHT WAS 75 FEET.
THEY WILL PROVIDE 50% PEDESTRIAN ORIENTED USE ON WALSH AND FIFTH STREET.
THERE WILL BE 15 FOOT STREET CAPE DOMES, BOTH ON WALSH AND FIFTH STREET.
AN ABUNDANCE OF UNDERGROUND PARKING ART WILL BE SOURCED FROM LOCAL ARTISTS IN THE LOBBY.
MOST RECENT PDA REZONING IS FURTHER DOWN THE STREET AND AT FOURTH AND PRESLER JUST THIS YEAR.
THE SITE IS OVER TWICE THE SIZE OF TWO OF 1209 WEST FIFTH WITH 70% RESIDENTIAL COMMITMENT AND A MULTITUDE OF COMMUNITY BENEFITS.
THIS IS THE ONLY PROPERTY THAT IS 120 FEET.
AGAIN, THE SITE IS OVER TWICE THE AREA AND IT IS FURTHER AWAY FROM THE COURT OF THE NEIGHBORHOOD.
THEY ARE ABLE TO EASILY ACCOMPLISH GOALS OF THE GREAT STREET PLAN AND ARE GIVING CONNECTIVITY TO LADY BIRD LAKE.
THESE CASES CAME TO THE PLANNING COMMISSION BEFORE THE ADOPTION OF DB 90.
WE HAVE BEEN UNABLE TO COME TO AN AGREEMENT WITH THE APPLICANT OR ON COMMUNITY BENEFITS FOR INCREASING THE HEIGHT TO TWICE WHAT THE EXISTING SITE IS ALLOWED.
WE URGE YOU TO OPPOSE THIS ZONING REQUEST.
A DB 90 REZONING WOULD GUARANTEE HOUSING WITH AFFORDABILITY AND ALLOW FOR MORE COMMUNITY BENEFITS THAT THE OWNERS ARE WILLING TO PROVIDE FOR A 120 FOOT TALL BUILDING.
UM, MIGUEL RIVERA IS THE NEXT SPEAKER.
UM, MIGUEL RECEIVED DONATED TIME FROM MI MIKE BEHAR.
MIKE, ARE YOU PRESENT? OKAY, THANK YOU.
UH, MIGUEL, YOU HAVE FOUR MINUTES.
THANK YOU FOR THE COMMISSIONER FOR HAVING US HERE.
AND I THINK IT'S VERY IMPORTANT THAT WE HAVE THIS TYPE OF COMMUNICATIONS WITH, UH, THE RESIDENTS AND THE NEIGHBORHOOD.
I PRACTICE HERE IN AUSTIN, AND I'VE BEEN LIVING IN THE NEIGHBORHOOD FOR 24 YEARS.
AND I'M ALSO PART OF THE ZONING COMMITTEE OF OANA.
UM, WITHOUT TRYING TO REPEAT ALL THE, YOU KNOW, UH, TWO PREVIOUS PERSONS, IT SEEMS TO US THAT URBANISTICALLY SPEAKING, UH, THIS PROJECT FAILS TO, UM, UM, TO DO THE, THE, THE RIGHT THING FOR THE NEIGHBORHOOD FOR THE, UH, UH, PEDESTRIAN USE.
UH, WE HAVE TRIED TO TALK TO, UM, THE APPLICANT ABOUT PROVIDING MORE DETAIL.
UM, IT SEEMS TO US BASICALLY THAT HAVING, UM, SETBACKS OF FIVE FOOT, IF YOU SEE THE RENDERING THEY PROVIDE, THEY HAVE BALCONIES LOOKING AT THAT FIVE FOOT SETBACK.
UM, AND THIS IS A BUILDING THAT IS IN THE MIDDLE OF THE LOT.
THERE IS TWO OTHER LOTS, OTHER LOTS TO THE LEFT AND THE RIGHT.
SO THERE WOULD BE KIND OF LIKE A TOWER IN THE MIDDLE WITH FIVE FOOT SETBACK WITH, UM, UM, YOU KNOW, BALCONIES LOOKING AT THAT.
SO YOU CAN IMAGINE DOING A BUILDING THERE IN YOUR HOUSE, AND YOU JUST, FROM HERE TO THAT WALL IS THE NEIGHBOR.
AND, UM, SO IT'S NOT A REALISTIC BUILDING.
UM, WE ASKED TO PROVIDE, UH, DRAWINGS ABOUT, UH, PARKING, WHICH THEY DIDN'T.
I DID KIND OF A SKETCH TO FIGURE OUT HOW MUCH PARKING THEY CAN GET, AND IT'S ABOUT 25 TO 30, UH, PARKING PER FLOOR BASED ON THE RAMP THAT THEY HAVE A TWO-WAY RAMP.
AND SO IN THREE LEVELS IT WOULD BE 75 PARKING FOR 150 UNITS IS NOT ENOUGH.
SO WE'RE CONCERNED ABOUT PARKING THE DROPPING ZONE THAT THEY HAVE EATEN AWAY.
YOU KNOW, THE SIDEWALK IS VERY IMPORTANT FOR US, THAT THE SIDEWALKS, UH, THE TREES, THE PEDESTRIAN, THE CONTINUATION OF WHAT'S ALREADY IN FIFTH STREET, UH, BECOMES, UM, PERFECT.
SO, UM, THERE'S SOLUTIONS FOR THIS.
UH, DB 90 IS, UM, EXACTLY, UM, PA UH, THAT PASSED IN, YOU KNOW, LAST MARCH IS A TOOL THAT WE HAVE THE CITY HAVE THAT WE DON'T NEED TO BE NEGOTIATING OR ANYTHING THAT'S ALREADY THERE.
THE PARAMETERS ADOPTED BY THE CITY, AND WE RECOMMEND THAT, UH, DB 90, UM, IS, IS, IS IS THE PERFECT CASE FOR A DB 90 WORD.
IT WILL INCREASE THE HEIGHT TO 90 FOOT.
IT WILL PROVIDE HOUSING, IT PROVIDE DENSITY IN THIS PART OF LAMAR.
THERE'S PLENTY OF OFFICES, UH, DOWNTOWN, THERE'S A LOT OF VACANT OFFICES IN OUR NEIGHBORHOOD.
SO, UM, I THINK THIS IS THE, THE PERFECT CASE
[02:25:01]
FOR, FOR THAT.SO I URGE YOU TO, YOU KNOW, TO THINK ABOUT, UH, PLANNING AND, UH, THE SCALE OF THE BUILDING A HUNDRED, 120 FOOT STRAIGHT UP IS NOT THE RIGHT THING.
AND IT'S NOT WHAT WE'VE BEEN WORKING, UH, WITH OTHER DEVELOPERS IN THE AREA.
UH, THIS COMMITTEE AND THIS NEIGHBORHOOD HAS BEEN WORKING SUCCESSFULLY WITH MANY, UM, UM, DEVELOPERS AND INVESTORS.
AND WE ARE HAPPY TO EVOLVE AND THE CITY NEEDS TO EVOLVE.
WE NEED TO KEEP, YOU KNOW, GROWING AND PROVIDING, UH, HOUSING.
AND THAT'S WHAT WE ARE, YOU KNOW, RECOMMENDING THAT WE HAVE ANOTHER LIVING AN OPEN FOR ANOTHER OFFICE BUILDING THAT WE DON'T NEED, UM, IS NOT THE RIGHT THING TO DO.
SO I URGE YOU TO EITHER LIMIT IT TO 75 FOOT AS WE ASK THEM, OR, OR GO TO, UH, 98 PEERS FROM THE LACK OF INFORMATION WE'RE GETTING THAT WE HOPE THAT THIS IS NOT A WAY USING THE PLANNING COMMISSION AND THE CITY CHANGING THE ZONING AS A TOOL TO MAKE MONEY, UH, TO SELL THE LOT TO THE NEIGHBORS BEYOND.
SO WE, WE WANT THIS TO BE A REAL PROJECT FOR OUR NEIGHBORHOOD.
THE FINAL SPEAKER SPEAKING IN OPPOSITION IS STEVE AMMOS.
STEVE, YOU'LL HAVE ONE MINUTE AS YOU COME UP, UH, COMMISSIONERS ONLINE, WE ARE AT EIGHT RIGHT NOW, SO IF ANY OF YOU GO OFF SCREEN, DO ME A FAVOR AND COUNT BEFORE YOU GO OFF SCREEN.
UM, WE A I'M ALSO PART OF THE, UH, ANA STEERING COMMITTEE.
WE TO REALLY KEEP AUSTIN GROUND AND COMMUNITY.
THIS PROJECT LACKS WHAT OTHER DEVELOPERS DID TO WARRANT A REZONING.
IN 1988, I MOVED TO AUSTIN FROM NEW YORK CITY.
I'M USED TO BIG BOXES AND I LIVED IN HOLLAND.
I LEARNED THE CONCEPT THAT, YOU KNOW, WELL, IF YOU DESIGN AND PLAN FOR PEOPLE FIRST, THIS PROJECT DOESN'T CUT THAT.
PLEASE MAINTAIN THE PRECEDENT THAT WILL GUIDE AUSTIN'S GROWTH FOR YEARS TO COME.
BUILDING IN THE SPIRIT OF CREATING A MORE WALKABLE AND EQUITABLE AUSTIN WHILE BUILDING OUR LOCAL COMMUNITIES.
WE ASK YOU TO DENY THIS REZONING, PLEASE.
AND WE ASK YOU TO PLEASE SET ASIDE, SET THE PRECEDENT TONIGHT TO STOP THESE FRIVOLOUS PDA REZONINGS.
I THINK YOU'RE AS TIRED OF 'EM AS WE ARE, AND REPLACE THEM WITH A DB 90.
THANK YOU SO MUCH FOR YOUR CONSIDERATION.
THAT CONCLUDES THE SPEAKERS ON THIS ITEM.
IS THERE A MOTION TO CLOSE THE PUBLIC HEARING, OR EXCUSE ME? LET'S, LET'S HAVE THAT REBUTTAL.
I'M GONNA GET THIS THE NEXT ONE.
UM, I REALIZE WE HAVE A DWINDLING DAIS, SO I'LL, I'M GONNA TRY TO GO THROUGH THESE POINTS, BUT, UM, ANYWAY, I'LL GO THROUGH THESE POINTS RIGHT NOW, BUT I, I'M, I AM CONCERNED ABOUT THE LACK OF NUMBERS ON THE DAIS RIGHT NOW.
UM, SO THE FIRST THING I WANNA POINT OUT IS THAT, UM, WE ARE ASKING FOR 120 SPECIFICALLY.
WE DID HAVE THE CONVERSATION WITH THE NEIGHBORS.
THEY ASKED IF WE COULD COME DOWN TO 90.
AND AS Y'ALL DISCUSSED EARLIER, UM, IN THE MEETING, 90 IS A WEIRD NUMBER.
UH, IT'S REALLY 75 OR MORE LIKE 1 10, 1 20.
LIKE, THAT'S WHERE, THAT'S WHERE IT BECOMES A FEASIBLE BUILDING AGAIN.
AND SO, UM, WE DID, UM, WE DID CONSIDER THAT, AND WE DO, ESPECIALLY GIVEN THE VERY SMALL SIZE OF THE SITE, WE DO WANNA DO A TALL NARROW TOWER.
UM, AND SO THAT IS WHY WE WERE NOT ABLE TO, THAT'S WHY WE DIDN'T ASK FOR DB 90.
IF THERE WAS A DB ONE 20, I CAN ASSURE YOU THAT'S WHAT WE WOULD'VE REQUESTED.
UM, BUT THAT IS WHY WE ARE WHERE WE ARE.
UM, THE RESIDENTIAL ONLY REQUEST IS NOT ABOUT THE EXISTING BUILDING.
IT'S ABOUT HAVING, IT'S ABOUT THE MARKET BEING THE WAY THAT IT IS AND MAKING SURE THAT WE HAVE A BACKUP PLAN.
UM, I I, I FEEL LIKE I'VE BEEN VERY HONEST AND VERY CLEAR WITH THE, WITH THE FOLKS THAT WE'VE BEEN WORKING WITH.
AND I, AND I WANNA BE CLEAR WITH YOU TOO, THAT WE HAVE BEEN GOING THROUGH THIS PROCESS TO DO A RESIDENTIAL TOWER FOR RENT.
UM, MULTIFAMILY IS ABSOLUTELY WHAT MAKES THE MOST SENSE FOR THE SITE, AND THAT IS THE INTENTION.
BUT TO ENTER INTO A PRIVATE DEED RESTRICTION THAT TAKES AWAY A USE AS MAJOR AS OFFICE IS JUST NOT SOMETHING THAT WE CAN DO ON THE SITE.
AND SO THAT'S WHY, UM, WE HAVE NOT INCORPORATED THAT INTO THE RESTRICTIVE COVENANT COVENANT WE'VE BEEN WORKING ON.
UM, I DO WANNA SPEND JUST A MINUTE, I WON'T TAKE VERY MUCH OF YOUR TIME, BUT I, I KNOW YOU ALL GOT THE LETTER AS WELL WITH THE CHART AND WHICH IS ACTUALLY REALLY HANDY
UM, AND SO I KIND OF, I WENT THROUGH IT MYSELF AND I JUST MARKED OFF WHAT WE HAD, WHAT WE WERE IN AGREEMENT ON, AND WHAT WE WERE NOT.
AND, AND I CAME TO 10 AGREES, TWO PARTIAL AGREES, AND SIX NOT AGREEMENTS.
AND, AND, AND INCLUDED IN THOSE NON AGREEMENTS WERE 75 FEET VERSUS ONE 20 AND SORT OF THINGS THAT WERE FUNDAMENTAL TO THE PROJECT.
SO I FEEL LIKE WE HAVE MADE SOME PROGRESS.
IT'S NOT ALWAYS THE CASE THAT YOU GET TO COME TO A FULL AGREEMENT AND GET ASSIGNED COVENANT.
I HOPE THAT WE CAN CONTINUE TO WORK TOGETHER.
[02:30:01]
I DO FEEL LIKE WE'VE MADE ACTUALLY A FAIR AMOUNT OF PROGRESS HERE.UM, AND, AND IT MADE SOME PRETTY SIGNIFICANT AGREEMENTS, THINGS THAT CAN'T GO IN, IN ORDINANCE, LIKE, LIKE, UM, LIKE MASONRY REQUIREMENTS AND THINGS LIKE THAT THAT ARE PURELY DESIGNED.
UM, UM, AND THEN I GUESS I WOULD JUST ON THAT NOTE, I WOULD, I WOULD END BY SAYING THAT, UM, THE SITES THAT WERE COMPARED TO AS WAS, AS WERE MENTIONED BY SOME OF THE FOLKS OUT HERE WORK ARE QUITE A BIT LARGER THAN OUR SITE.
SO IT IS ABSOLUTELY TRUE THAT THOSE SITES DID THINGS THAT ARE DIFFERENT THAN WHAT WE COULD DO.
AND THAT'S THE REASON, UM, FOR A LOT OF THOSE THINGS IS BECAUSE OUR SITE IS SO SMALL.
UM, SO WITH THAT, I WILL MAKE MYSELF AVAILABLE FOR QUESTION.
IS THERE A VOTE TO CLOSE THE PUBLIC HEARING? IS THERE A MOTION? YOUR HONOR? NO, SIR.
DID I SEE COMMISSIONER JOHNSON'S HAND? OKAY.
IS THERE A SECOND? COMMISSIONER MTEL, IF NO OBJECTION, THAT ITEM PASSES.
YEAH, A QUESTION, UH, SORT OF IN PART FOR STAFF AND IN PART FOR THE APPLICANT, UM, WHEN I SEE A REQUEST FOR L-I-P-D-A RIGHT NEXT TO DOWNTOWN, UH, 120 FEET, 6.5 FAR, SO MY MIND THINKS, OKAY, THAT'S PRETTY CLOSE TO DMU ZONING DISTRICT.
SO I GUESS FOR STAFF, COULD THIS HAVE BEEN ZONED DMU AND THEN FOR APPLICANT? UH, IF SO, WHY, WHY ARE YOU GOING THE PD PDA ROUTE INSTEAD OF USING, UH, THE DMU DISTRICT STAFF IS APPROACHING? UM, AND COULD WE FLIP THE TV? YEAH, THAT'S WHAT I WAS THINKING TOO.
UM, IT'S NOT WITHIN THE DMU BOUNDARY OF THE DOWNTOWN PLAN FOR IT TO GET DMU ZONING, THAT WOULD NOT HAVE BEEN AN OPTION.
SO THAT'S ONLY AN OPTION FOR AREAS WITHIN THE CERTAIN PLAN BOUNDARY.
AND WHEN WAS THAT BOUNDARY LAST REVISED IN TERMS OF THE ACTUAL AREA? PROBABLY DOWNTOWN PLAN WAS LAST REVISED, SO I'D HAVE TO LOOK INTO THAT FOR YOU.
BUT, UM, I JUST READ AN ARTICLE SAYING THAT THERE WAS CALLS TO UPDATE THE DOWNTOWN PLAN, SO RIGHT.
SOMEBODY SAID 2011 FROM THE CROWD.
AND SO FOR, UH, MS. BOJO, WHY 120 FEET? I MEAN, AS I SAID, THIS IS ESSENTIALLY, THIS IS DOWNTOWN.
I MEAN, IT'S RIGHT NEXT TO DOWNTOWN.
IF I COULD MAKE WAVE A MAGIC WAND, THAT WOULD ALL BE DMU ALONG, UH, SIXTH AND FIFTH.
UH, WHY NOT SOMETHING TALLER? IS IT A PHYSICAL CONSTRAINT WHERE YOU TRYING TO FIND COMPROMISE? YOU ARE ON MUTE.
UM, I THINK, UM, WE WOULD, WE WOULD TAKE MORE HEIGHT.
I THINK IT IS, IT IS POTENTIALLY FEASIBLE TO USE MORE HEIGHT, BUT WE DIDN'T WANNA NECESSARILY GO IN WITH THE TALLEST THING ON THE BLOCK.
AND SO WHEN 20 SEEMED LIKE A REASONABLE REQUEST.
UM, AND THEN I GUESS MY FINAL QUESTION IS IN THAT CONCEPT SITE PLAN, I, I DID SEE THAT MM-HMM.
I KNOW THAT CAME UP IN SEVERAL FOLKS' CONCERNS.
FRANKLY, I THINK IT WOULD BE PRETTY TERRIBLE TO HAVE A, A DROP OFF ZONE COMING OFF OF A BIKE AND BUS ONLY LANE, MID-BLOCK.
UM, HOW, HOW CLOSE TO REALITY IS THAT CONCEPT SKETCH GOING TO BE? I MEAN, I ALSO, THERE WAS NO SIDEWALK CONNECTING ACROSS THAT YES.
SO OBVIOUSLY IT CAN'T BE THAT CLOSE.
SO THE INTENTION OF THIS DRAWING WAS, WHICH IT SAYS I SEE, I SEE.
YOU CAN PROBABLY SEE FOR PRESENTATION PURPOSES ONLY, WAS REALLY TO TRY TO SHOW MORE ABOUT CIRCULATION QUESTIONS THAT WERE ASKED OF THE BUILDING.
UM, AND IT IS, UM, PROBABLY, I MEAN, I'VE HAD THIS CONVERSATION WITH MY CLIENT, SO I'LL HAVE IT WITH YOU.
I I, I WOULDN'T IMAGINE THAT WE WOULD BE ABLE TO HAVE A DROP OFF ZONE THERE.
THAT'S OBVIOUSLY A SITE PLAN QUESTION, BUT THERE IS A BUS LANE THERE.
I, YOU KNOW, I DON'T KNOW HOW THAT'S GONNA GO.
UM, BUT WE JUST WANTED TO WAIT UNTIL THE SITE PLAN PROCESS TO GET INTO THAT KIND OF DETAIL.
WE ARE, SORRY IF I COULD ADD ONE MORE THING.
WE ARE COMMITTED TO THE STREETS SCAPE FOR SURE.
SO EVEN, EVEN IF, EVEN IF WE WERE ALLOWED TO DO SOMETHING LIKE THIS, UM, THE, THE STREETS SCAPE WOULD HAVE TO RESPOND.
WE WOULDN'T JUST BE ABLE TO TAKE OUT A WHOLE SECTION.
AND, AND I AGREE THAT, THAT, UH, THAT IS ULTIMATELY A SITE PLAN QUESTION, AND I'M CONFIDENT OUR TRANSPORTATION REVIEWERS, UH, WILL NOT ALLOW THAT.
COMMISSIONER JOHNSON, ROUND ROBIN, COMMISSIONER COX.
YEAH, I'M, I'M CERTAINLY NOT SUPPORTIVE OF THIS WITHOUT SOME SORT OF RESIDENTIAL COMMITMENT.
UM, AND, AND AS YOU PROBABLY ALREADY KNOW, MS. MS. BOJO, I, I HAVE A VIOLENT ALLERGIC REACTION AGAINST, UH, L-I-P-D-A CASES.
I DO KNOW THAT YOU BROUGHT TO US BEFORE
I DO, I DO KNOW, UH, SO I GUESS ONE THING YOU SAID TO ME STUCK OUT THAT THAT, UH, YOUR, THE INTENTION IS TO BUILD THIS AS A RESIDENTIAL DEVELOPMENT, BUT YOU DON'T WANT
[02:35:01]
TO ENTER IN A PRIVATE RESTRICTIVE COVENANT LIMITING YOU TO THAT.SO IF THE INTENT IS TO BUILD RESIDENTIAL, WOULD YOU BE SUPPORTIVE OF US PASSING A, A CO THAT REMOVES OFFICE FROM THE ALLOWABLE L UH, USES AND THEN THAT WOULD GIVE YOU THE OPPORTUNITY TO ALWAYS COME BACK TO US TO REMOVE THE CO IF YOUR PLANS CHANGE? THAT'S A GREAT QUESTION.
I THINK PUTTING IT IN A, IT WOULD, IT WOULD JUST BE IN THE PDA, BUT HAVING IT AS A PROHIBITED USE OR EVEN A CONDITIONAL USE IS SOMETHING WE COULD CONSIDER.
I CAN'T SAY A HUNDRED PERCENT AT THIS MOMENT THAT WE COULD, THAT WE COULD LIVE WITH THAT.
UM, BUT I THINK THAT IS SOMETHING THAT WE COULD TALK ABOUT.
SO IF THAT'S SOMETHING, UM, THAT YOU WANT TO HAVE AS PART OF YOUR RECOMMENDATION, UM, THAT WE CAN CONTINUE TO WORK THROUGH BEFORE WE GET TO CITY COUNCIL, I THINK THAT'S SOMETHING I WOULD BE HAPPY TO DISCUSS WITH MY CLIENT AND CONSIDER.
I GUESS I HAVE A QUESTION FOR STAFF AND MAYBE THE APPLICANT OF, I WANNA BETTER UNDERSTAND THE, UH, PEDESTRIAN ACCOMMODATIONS OF THE COMMERCIAL DESIGN STANDARDS BECAUSE I THINK A, AGAIN, THE CONCEPT PLAN MAY HAVE DONE A BIT OF A DISSERVICE
SO I WANNA UNDERSTAND WHAT'S BEING PROPOSED AS FAR AS, UH, THE, UH, THE STREETSCAPE.
SO WITH THE STREETSCAPE, I DID GO TO THE URBAN DESIGN TEAM AND SEE WHETHER THE PARCEL COULD BE, UH, REQUIRED TO PARTICIPATE IN THE GREAT STREETS PROGRAM.
UH, THEIR RESPONSE WAS THAT IT WAS NOT REQUIRED TO, BUT THE APPLICANT COULD VOLUNTARILY AGREE TO ADHERE TO THE GREAT STREET STANDARDS AS SOME OF THE OTHER PROPERTIES HAVE IMMEDIATELY TO THE WEST.
I BELIEVE THE CLARK HAS THE SETBACK IF YOU LOOK AT IT ON THE MAP, UH, AS WELL AS THE GREAT STREET STANDARDS THAT THEY VOLUNTARILY OPTED INTO.
SO THAT'S CERTAINLY SOMETHING THAT COULD BE ON THE TABLE IF THE APPLICANT IS WILLING TO PARTICIPATE IN THAT PROGRAM.
TO CLARIFY MY QUESTION, ABSENT THAT, WHAT OF, COULD YOU JUST REITERATE WHAT THE STANDARDS IN FORCE WOULD BE? UM, I DON'T KNOW IF I, UH, I THINK THAT, THAT YOU, SO I THINK THE, UM, THE STAFF RECOMMENDATION ON THE TABLE IS BASED ON THE SITE DEVELOPMENT STANDARDS OF THE PDA AND DIDN'T GET INTO SPECIFICS ABOUT THE, UM, THE TRANSPORTATION OR THE ACCESS POINT, BECAUSE THAT'S SOMETHING THAT WOULD BE DIS DEVELOPED AT THE SITE PLAN STANDARDS, NOT AT AT TIME, NOT AT THE REZONING TIME.
SO AT THIS POINT IN TIME, THAT'S NOT A STAFF RECOMMENDATION, PART OF THE STAFF RECOMMENDATION, BUT IF THE APPLICANT'S OPEN INTO OPTING INTO PROVIDING THAT AT A GREATER STANDARD THAT'S BETWEEN THE APPLICANT AND THE, THE NEIGHBORHOOD AT THIS POINT.
UM, MY UNDERSTANDING COMMISSIONER SKIDMORE, IS THAT, UM, WELL, WELL FIRST OF ALL, FUNCTIONALLY, UM, GREAT STREETS IS QUITE WIDE AS, AS YOU KNOW, AS WE ALL KNOW.
AND SO WE DON'T HAVE ROOM ON THIS VERY SMALL SITE TO DO THE FULL GREAT STREETS WITH.
UM, WE DO, WE HAVE COMMITTED IN THE PRIVATE RESTRICTIVE COVENANT.
AND, AND, AND ACTUALLY, AND I DON'T KNOW THAT THAT WOULD BE ABLE TO GO INTO PDA ANYWAY, JUST AS SORT OF AS A SIDE NOTE, WHAT WE HAVE WORKED THROUGH IN, IN NEGOTIATING THE PRIVATE RESTRICTIVE COVENANT IS, UM, THE REGULAR, AS I UNDERSTAND IT, THE 15 FOOT, UM, WIT, WHICH WOULD BE, UH, EIGHT FOOT, I'M GONNA MIX IT UP.
IT'S EIGHT FOOT CLEAR ZONE AND SEVEN FOOT FURNITURE, OR IT'S SEVEN FOOT CLEAR ZONE AND EIGHT FOOT FURNITURE, BUT IT'S 15 FEET TOTAL OF, OF DEPTH.
WE HAVE COMMITTED TO THAT IN THE PRIVATE RESTRICTIVE COVENANT.
IT'S ALSO IN COMMERCIAL DESIGN GUIDELINES.
SO IT WOULD BE REQUIRED ANYWAY.
AND THEN IN ADDITION TO THAT, WHAT WE HAVE BEEN ABLE TO DO, BECAUSE IT DOESN'T TAKE MORE ROOM DEPTH WISE, IS WE HAVE COMMITTED TO HIGHER CALIPER TREES.
WE'VE COMMITTED TO, UM, A PARTICULAR NUMBER OF BENCHES AND BIKE RACKS AND THINGS LIKE THAT ALONG THE STREETSCAPE TO MAKE SURE THAT WE HAVE A CERTAIN NUMBER PER BLOCK FACE PER THE NEIGHBOR'S REQUEST.
UM, AND WE'VE AGREED TO PUT MORE TREES.
SO USUALLY COMMERCIAL DESIGN STANDARDS REQUIRES THEM TO BE 30 FOOT ON CENTER.
WE'VE AGREED IN THE PRIVATE COVENANT TO MAKE THEM 25.
SO THERE WOULD BE A, A DENSER SHADE COVERING ALONG THE SIDEWALK THERE.
SO THEN JUST TO FOLLOW UP ON THAT, THE, THE EXISTING BORDER WIDTH OUT THERE TODAY FROM THE FACE OF CURB TO THE FACE OF THE EXISTING BUILDING, DOESN'T APPEAR WIDE ENOUGH TO ACCOMMODATE WHAT YOU'VE JUST DESCRIBED.
SO HOW WILL THAT BE ACHIEVED? UM, I BELIEVE THAT, UH, IN THE SITE PLAN PROCESS, WE WOULD HAVE TO DEDICATE RIGHT OF WAY OR, OR LICENSE THE AREA TO BE ON HER SITE OR USE AN EASEMENT OR SOMETHING LIKE THAT.
AND THAT'S IN THE STAFF REPORT UNDER, UH, AUSTIN TRANSPORTATION DEPARTMENT'S COMMENTS.
SO IT CALLS FOR 80 FEET OF, RIGHT AWAY FOR WEST FIFTH STREET, AND IT'S RECOMMENDED THAT 40 FEET OF RIGHT AWAY FROM THE
[02:40:01]
EXISTING CENTER LINE SHOULD BE DEDICATED FOR WEST FIFTH STREET.WE'LL, WE'LL GET TO THE, TO THE FOLKS OPPOSED IN JUST ONE MINUTE.
UM, MS. BOJO, YOU KNOW, I'M, I'M NOT THE NEW KID, BUT I'M STILL THE LEARNING KID ON THE, ON THE ES, AND SO ALL THE ACRONYMS AND ALL THAT STILL CONFUSE ME.
AND PDA IS WHAT I TOLD MY KIDS NOT TO DO IN HIGH SCHOOL.
UH, BUT WITH THAT, UM, WILL YOU COMMIT TONIGHT TO, UH, YOU KNOW, THERE'S A WHOLE BUNCH OF DISCUSSION ON TEXT THREAD THREADS AND ALL OF THAT ABOUT, YOU KNOW, PDAS OR FOR KAKA, AND YOU KNOW, IT, IT DOESN'T, DOESN'T LOCK YOU IN.
WILL YOU COMMIT TO THIS COMMISSION TONIGHT THAT YOU ARE GOING TO DO DB 90 WITH AFFORDABILITY ON THIS SITE? YES.
IF WE'RE NOT ABLE TO ENTER INTO AN AGREEMENT WITH THE NEIGHBORHOOD, WE WOULD ENTER AN AGREEMENT WITH ANOTHER THIRD PARTY.
IT WOULD BE THE YEAH, PERFECT.
FOR JUST THOSE, FOR JUST THAT ITEM.
AND TO, UH, SIR, I'M SORRY, I I DIDN'T GET YOU NA, YOUR NAME, YOU ASKED FOR REBUTTAL.
I, I WAS, I, I HEARD NO, I, I, IF YOU WOULD PLEASE COME TO THE MICROPHONE, PLEASE, PLEASE, WHOEVER, WHOEVER WANTS TO COME TO THE MICROPHONE FOR A REBUTTAL, PLEASE COME.
YOU CAN HAVE MY TWO AND A HALF MINUTES.
WELL, IT'S JUST, OR HOWEVER MANY I GOT.
WE'VE BEEN TOLD THE SITE'S TOO SMALL TO ACCOMMODATE THE SITE'S TOO SMALL TO ACCOMMODATE.
AND THAT'S THE REASON WE THINK THIS SHOULDN'T BE ALLOWED BECAUSE THE SITE IS TOO SMALL TO ACCOMMODATE THE THINGS THAT ARE A PRECEDENT ON OTHER REDEVELOPMENTS IN THIS CORRIDOR.
AND IS IT POSSIBLE THAT MAYBE THAT, THAT THEY'RE ASKING FOR TOO MUCH? AND WOULD DB 90 BE A BETTER OPTION? BECAUSE THEN THERE WOULD BE ADHERENCE TO ALL KINDS OF, UH, COMMUNITY BENEFITS FOR THE NEIGHBORHOOD AND FOR EVERYONE THAT WALKED THE STREET THERE, THERE ARE TELEPHONE POLES RIGHT DOWN THE MIDDLE OF THE EXISTING SIDEWALK RIGHT NOW, AND THE APPLICANT JUST SAID, AND, AND, AND SHE HAS TO COME BEFORE THIS COMMISSION EVERY OTHER WEEK.
AND SHE JUST SAID SHE WILL COMMIT TO DB 90.
THAT IS THE FIRST TIME WE HAVE HEARD THAT.
AND WE ARE HAPPY TO HEAR THAT.
SO I THEN I ACCOMPLISHED, SAID THAT I RARELY ACCOMPLISH ANYTHING AT THESE MEETINGS, BUT I ACCOMPLISH SOMETHING TONIGHT.
ANY OTHER COMMISSIONERS LOOK TO SPEAK ON THIS? COMMISSIONER WOODS? THANK YOU CHAIR.
UM, JUST KIND OF FOLLOWING ALONG THAT LINE OF QUESTIONING, I JUST FIRST WANNA REALLY COMMEND THE NEIGHBORHOOD FOR, YOU KNOW, APPRECIATING AND PROMOTING AFFORDABLE UNITS AS A COMMUNITY BENEFIT AND ASKING FOR THAT COMMUNITY BENEFIT.
UM, AND SO, YOU KNOW, HEARING THAT THIS SITE WILL BE AS AFFORDABLE AS A DB 90 PROJECT, THOUGH NOT ZONED AS A DB 90 PROJECT, OBVIOUSLY WE CAN'T REQUIRE THAT IN A DIFFERENT ZONING CATEGORY, BUT AM I UNDERSTANDING CORRECTLY THAT THE WAY THAT THAT WOULD BE ACHIEVED WOULD BE THROUGH A PRIVATE RESTRICTIVE COVENANT? I'M SORRY, THIS IS A QUESTION FOR THE APPLICANT.
THE, UM, BECAUSE WE'RE IN PDA AND THERE'S NOT A DB ONE 20, WE WOULD HAVE TO ACHIEVE THE AFFORDABILITY COMMITMENT THROUGH A PRIVATE RESTRICTIVE COVENANT.
WE HAVE A DRAFTED COVENANT THAT INCLUDES THAT WITH THE NEIGHBORHOOD RIGHT NOW.
THAT ALSO INCLUDES ALL THOSE OTHER THINGS.
ANOTHER OPTION WOULD BE, UM, TO TRY TO FIND ANOTHER ENFORCING PARTY, AND WE WOULD BE COMMITTED TO THAT BEFORE WE GET CUT.
AND JUST TO BE VERY CLEAR, IS THAT AN A PERCENTAGE OF TOTAL UNITS COMMENSURATE WITH DB 90? OR IS IT THE NUMBER OF UNITS THAT WOULD BE REQUIRED IN A 90 FOOT PROJECT? IT IS, UH, 10% AT 50 OR 12% AT 60 FOR RENTAL, WHICH IS 99% SURE WHAT THIS WOULD BE.
UM, AND THEN WE HAVE THE LANGUAGE SAYS, AND I'M HAPPY TO SHARE THIS WITH YOU.
THE LANGUAGE SAYS, UM, 12% AT 80 FOR OWNERSHIP, OR A FEE IN LIEU AT THE SAME AMOUNT SET BY CODE AT THE TIME.
BECAUSE THE IDEA IS, I UNDERSTAND IT IS THAT CITY COUNCIL IS LOOKING TO SET A CO A, THE IN LIE FOR OWNERSHIP, UM, FOR, UH, WITH THE BUDGET CYCLE, BUT WE DON'T HAVE THAT YET.
SO THEORETICALLY IN A TALLER BUILDING, WE WOULD SEE MORE AFFORDABLE UNITS THAN WE WOULD IF THIS WERE A SITE THAT WOULD BE ZONED DB 90.
AND WE WOULD GET THAT GREATER COMMUNITY BENEFIT IN THIS CASE.
YOU WOULD GET, 'CAUSE YOU'D GET MORE UNITS, YOU'D GET, THEREFORE YOU'D GET MORE AFFORDABLY ASSUMING THAT IT WOULD BE USED FOR RESIDENTIAL.
AND THEN JUST KIND OF ALSO FOLLOWING ON COMMISSIONER SKIDMORE'S QUESTIONS ABOUT THE SIDEWALK.
[02:45:01]
THERE'S A LOT OF ELECTRICAL POLES IN THAT SIDEWALK.IT'S, IT'S NOT ACCESSIBLE, IT'S NOT NAVIGABLE WITH THE STROLLER.
AND I HEARD A LITTLE BIT ABOUT SOME OF THE SHADE IMPROVEMENTS THAT ARE IN, UM, THAT AGREEMENT.
IS THERE ANYTHING THAT THIS OWNER OR A FUTURE DEVELOPER CAN DO ABOUT THOSE ELECTRICAL POLES? OR IS THAT OUTSIDE THE PURVIEW OF THE SUB OWNER? UM, I DON'T KNOW THE EXACT DETAILS.
I KNOW THAT IT'S A TERRIBLE PEDESTRIAN EXPERIENCE TODAY.
I KNOW THAT FOR SURE, AND I KNOW THAT THERE ARE LIGHT POLES IN THE MIDDLE.
UM, WE WOULD HAVE TO REDO THE STREET SCAPE.
SO I WOULD IMAGINE THAT WE WOULD NOT
UM, YOU KNOW, I DON'T, I CAN'T SAY LIKE PARTICULARLY ABOUT A PARTICULAR LIGHT POLE, BUT, UM, YOU KNOW, IT'S, IT'LL BE AN, IT'LL BE AN ENTIRELY NEW DEVELOPMENT AND A AND AS PART OF THE SITE PLAN WILL BE RESPONSIBLE FOR THE STREETS SCAPE AS WELL.
AND THEN FINALLY, IF I HAVE A LITTLE BIT MORE TIME, I ALSO HEARD CONCERNS FROM THE NEIGHBORHOOD THAT THERE ARE CERTAIN DESIGN ELEMENTS THAT SOME OF THESE OTHER, UH, PROJECTS THAT HAVE BEEN APPROVED IN THE AREA HAD THAT, THAT THIS PROJECT IS LACKING.
OBVIOUSLY DESIGN IS OUTSIDE THE PURVIEW OF THIS COMMISSION, BUT I'M WONDERING IF THERE ARE ANY DESIGN DESIGN ELEMENTS THAT ARE IN THE AGREEMENT THAT YOU ARE WORKING ON WITH THE NEIGHBORHOOD THERE? THERE'S A, THERE IS A FIVE FOOT STEP BACK AT 30 FEET AND THERE ARE MASONRY REQUIREMENTS.
FACADE REQUIREMENTS, UM, I MEAN I CONSIDER THOSE DESIGN ELEMENTS.
MAYBE I'M MISSPEAKING, BUT THAT'S WHAT I WOULD THINK OF MASONRY AS NOT SOMETHING THAT IS ABLE TO BE REGULATED THROUGH ZONING ACTUALLY BY STATE LAW.
UM, SO THAT WOULD HAVE TO GO IN A PRIVATE AGREEMENT FOR EXAMPLE.
THAT CERTAINLY ANSWERS MY QUESTION ABOUT DESIGN ELEMENTS, BUT IF THE REPRESENTATIVE FROM THE NEIGHBORHOOD WOULD LIKE TO SPEAK ON THAT AS WELL, PLEASE FEEL FREE.
WELL, IT HAS TO DO WITH THE INTRODUCE YOURSELF, IF YOU WOULD PLEASE.
UH, THIS HAS TO DO WITH THE COMMITMENT.
COULD YOU REINTRODUCE YOURSELF, IF YOU DON'T MIND? OH, I'M SORRY.
ARCHITECT IN THE NEIGHBORHOOD.
AWANA, UM, THE COMMITMENT TO THE DB 90 STANDARDS IS WONDERFUL.
IS THERE A COMMITMENT TO HOUSING? THAT'S, SO I WANNA MAKE CLEAR THAT IF THEY COMMIT TO DO TO THEY, IF THEY WILL COMMIT TO THE HOUSING IF THEY DO IT, BUT WILL THEY DO IT? THAT'S WHAT OUR ISSUE IS.
THERE'S NO COMMITMENT IT TO HOUSING.
DOES THAT MAKE SENSE? THAT'S MY POINT.
THAT'S ALL, THAT'S ALL MY QUESTIONS.
ANY OTHER COMMISSIONERS LOOK TO SPEAK ON THIS ITEM? IS THERE A MOTION? COMMISSIONER COX, AGAINST MY BETTER JUDGMENT, I'M GONNA, I'M GONNA TRY TO CRAFT A MOTION TO, TO APPROVE STAFF RECOMMENDATION, UM, WITH THE MODIFICATIONS THAT, UM, THAT THE OFFICE USES ARE, ARE, UH, PROHIBITED.
AND THAT I BELIEVE INCLUDES MEDICAL OFFICES PROFESSIONAL OFFICE AND I'M NOT REALLY SEEING ANYTHING ELSE, BUT SOMEONE COULD CORRECT ME IF I'M WRONG.
AND THEN I WOULD ALSO LIKE MY MOTION TO INCLUDE, UH, THE INCORPORATION OF THE, UH, 18 FOOT, UH, GREAT STREETS MASTER PLAN SETBACK ON FIFTH STREET INSTEAD OF THE ZERO FOOT SETBACK PROPOSED BY STAFF RECOMMENDATION.
I'M HOPING THAT ALL MAKES SENSE.
IS THERE A SECOND? COMMISSIONER M TAYLOR, COULD WE LOOK TO REPEAT THAT ONE MORE TIME? AND COMMISSIONER, UH, VICE CHAIR AZAR IS REALLY GOOD AT THIS VICE CHAIR.
DO YOU WANNA TAKE A CRACK AT RE REPEATING WHAT YOU JUST HEARD? YES, AND I THINK I MIGHT HAVE TO, UM, UH, COMMISSIONER COX, YOU MIGHT HAVE TO HELP ME, BUT I THINK YOU WERE SAYING STAFF RECOMMENDATION.
I WAS TRYING TO TAKE NOTES, BUT I THINK I LOST MYSELF A LITTLE BIT HERE.
BUT WE'RE SAYING STAFF RECOMMENDATION WITH, UM, THE 15 FOOT GREAT STREETS REQUIREMENT AND WITH, UM, ESSENTIALLY NOT ALLOWING THOSE, THAT'S WHERE I GOT LOST.
YOU SAID THE USES WERE NO OFFICE USES, INCLUDING MEDICAL AND GENERAL OFFICE, CORRECT? CORRECT.
THE OFFICE ORIENTED USES ARE NOT PERMITTED.
AND THE, THE LIST, THE USES THAT I LOOKED AT UNDER PERMITTED AND CONDITIONAL COMMERCIAL USES PRESENTED BY THE, THE APPLICANT, THE ONLY OFFICE USES I SEE ARE MEDICAL OFFICES AND PROFESSIONAL OFFICE.
AND SO WE WOULD BE SAYING THAT THOSE TWO ARE PROHIBITED AS WELL? THAT'S CORRECT.
AND, AND, UH, MY SETBACK REQUIREMENT WAS 18 FEET TO MATCH THE GREAT STREETS MASTER PLAN ON WEST FIFTH STREET ONLY.
[02:50:02]
THANK YOU.AND, AND I WOULD LIKE TO ADD DB 90 AFFORDABILITY REQUIREMENTS, BUT MY UNDERSTANDING IS THAT THAT IS NOT LEGAL, CORRECT? THAT IS, THAT WOULD, THAT WOULD ONLY BE VIA PRIVATE RESTRICTIVE COVENANT? YES.
COMMISSIONER COX, WOULD YOU LIKE TO SPEAK IN FAVOR OF YOUR ITEM? I, I'LL BE HONEST, UM, I VOTE NO ALMOST EXCLUSIVELY ON ALL L-I-P-D-A CASES.
I REALLY WISH L-I-P-D-A WOULD GO AWAY.
UM, BUT THERE HAS BEEN A, A PRECEDENT SET IN THIS AREA WITH THE FOUR 10 PRESLER, PDA.
AND SO WHAT I'M TRYING TO DO IS TAKE THE ITEMS THAT WERE OBVIOUSLY BENEFICIAL TO THIS NEIGHBORHOOD AND, AND TO THE COMMUNITY AS A WHOLE.
THAT WAS WITHIN THE PRESLER PDA.
THAT SEEMS TO BE MISSING FROM THE APPLICANT'S CURRENT PROPOSED PDA.
SO IF, IF THESE EDITS ARE APPROVED, UM, THEN, THEN THIS IS SOMETHING THAT CAN PUSH ME OVER TO ACTUALLY VOTE FOR AN L-I-P-D-A.
BUT I REALLY WISH WE WOULD NOT HAVE THESE CASES AND, AND WE COULD HAVE TRUE DB TYPE, UH, ZONING CASES FOR, FOR THESE, FOR THESE ITEMS. THANK YOU.
SPEAKER AGAINST, I'LL SPEAK AGAINST MR. CHAIRMAN.
MR. HAN, UH, MR. CHAIRMAN, I WANT, UH, I'M SPEAKING AGAINST, I WANT IS THERE IS LAW ON THE LINE.
UH, I, I UNDERSTAND AND, AND YOU KNOW, NO STATE LAW, BUT, AND NO, WE CAN'T MANDATE AFFORDABILITY, BUT, UM, IF WE HAVE AN APPLICANT THAT HAS TESTIFIED TO US THAT THEY'RE WILLING TO DO, UM, AFFORDABILITY AT THE DDB 90 LEVELS, THEN WHY CAN'T WE PUT THAT INTO A CEO, UM, UH, BASED ON AN AGREEMENT WITH THE APPLICANT.
DO WE HAVE LAW ON THE LINE TO ANSWER THAT QUESTION AND MR. TO TIMKO? I UNDERSTAND.
I I TRUST YOUR JUDGMENT IMPLICITLY, BUT YEAH, UNLESS YOU SHOW ME THAT SHEEPSKIN, UM, I DON'T KNOW ANYTHING ABOUT THAT.
UM, BUT UH, THAT'S, THAT'S A LAW DEGREE.
UM, SO WHAT I WOULD BASICALLY TELL YOU IS THAT THAT WOULD HAVE TO EXIST WITHIN THE PRIVATE RESTRICTIVE COVENANT BECAUSE A DEVELOPER HAS TO OPT IN TO PROVIDING THE AFFORDABLE HOUSING IN EXCHANGE FOR SOMETHING.
IT'S INCENTIVE, IT'S NOT REQUIRED.
SO WE'RE NOT ALLOWED TO REQUIRE THE AFFORDABLE HOUSING.
THAT'S, THAT WAS NOT AS A CONDITION OF ZONING.
THAT THAT WAS ABSOLUTELY, YOU SAID IT MUCH BETTER THAN I DID.
YEAH, BUT THAT WAS ABSOLUTELY WHAT I JUST SAID TO MY LEAD INTO THIS.
WE HAVE A DEVELOPER WHO IS, WHO HAS TESTIFIED, WHO HAS SAID, WE WILL DO THIS.
WE ARE NOT MANDATING IT, WE ARE NOT REQUIRING IT THAT THIS IS AN AGREEMENT WITH THE DEVELOPER.
I I UNDERSTAND THAT THE CITY'S NOT GONNA BE A PART TO THAT AGREEMENT, THOUGH.
THAT CAN BE A PRIVATE RESTRICTIVE COVENANT BETWEEN SAY, THE NEIGHBORHOOD AND THE DEVELOPER.
DO WE HAVE LAW ON THE LINE? I TOOK AN EXTENSIVE AMOUNT OF LAND USE LAWS, BUT THAT IS THE STANDARD.
COMMISSIONER HAYNES, IS THERE A SPEAKER IN FAVOR? COMMISSIONER? ZARA, I'M SO SORRY.
I KNOW WE'RE GOING A, A PERHAPS A LITTLE BIT OUT OF ORDER, BUT COULD WE ALSO HEAR FROM THE APPLICANT ON THE MOTION? UH, IT'S PART OF YOUR TIME.
UM, SO THE, THE FIRST THING I WOULD SAY ABOUT THE OFFICE REQUIREMENT, AS I SAID TO COMMISSIONER, UM, UH, GRAYSON, UH, IS, UM, WE ARE, I I WILL ABSOLUTELY EXPLORE THAT AND I'M HAPPY TO HAVE IT AS PART OF YOUR MOTION.
UM, I DON'T KNOW WHERE WE'RE GONNA END UP ON IT.
WE HAVE TO HAVE A CONVERSATION, BUT IT IS CERTAINLY, UM, SOMETHING WE CAN TALK ABOUT AND HAVING IT IN THE ORDINANCE AS OPPOSED TO A D RESTRICTION, I THINK IS, IS PREFERABLE.
UM, ON THE SECOND THING ABOUT THE GREAT STREET SETBACK, I DO WANNA CLARIFY THAT THE, THAT THE LOT LINE SETBACK, GREAT STREETS WOULD GO IN RIGHT OF WAY JUST LIKE ANY OTHER STREETS SCAPE WOULD.
SO, SO YOU DON'T HAVE TO MAKE AN 18 FOOT FRONT SETBACK TO MAKE ROOM FOR GREAT STREETS.
UM, AND I DON'T KNOW THAT, AND I'LL LET JONATHAN ANSWER IF THIS GO INTO PDA 'CAUSE I DON'T THINK THAT IT COULD, BUT, UM, BUT, BUT IT WOULD, THE, THE SETBACKS WOULD BE FROM THE BUIL, THE PROPERTY LINE TO THE BUILDING.
AND SO THAT'S NOT WHERE ANY, WHETHER IT'S GREAT STREETS OR OR REGULAR COMMERCIAL DESIGN STANDARDS, THAT'S NOT WHERE THAT WOULD GO.
JUST FOR CLARIFYING PURPOSES, UM, SO WE ARE AMENABLE TO THE STREETS SCAPE REQUIREMENTS THAT WE HAVE, UM, AGREED TO IN THE PRIVATE COVENANT, WHICH IS THE, THE 15 FEET OF DEPTH AND, UM, MORE, UH, MORE DENSE, UM, FURNITURE AND TREES AND C INCHES AND THINGS LIKE THAT.
[02:55:01]
WE SHOULD ADD END STAFF.I'M SORRY, THIS IS A QUESTION.
UM, I'M NOT SURE MR. TOMKO, IF YOU CAN HELP US ANSWER THIS, BUT, UM, CAN WE REQUIRE THE GREAT STREET STANDARD AS PART OF AN L-I-P-D-A CASE? NO, I ACTUALLY HAVE THE, UH,
SO
UM, THE SHORT ANSWER IS NO, UNLESS THEY'RE VOLUNTARILY SEEKING TO PARTICIPATE IN THE PROGRAM OR WISH TO APPLY FOR A PARTIAL REIMBURSEMENT THROUGH THE PROGRAM.
THE ONLY TIME GREAT STREETS IS MANDATORY, OR A PERSON TIME OUT.
REAL QUICK, DOES ANOTHER COMMISSIONER WANT TO SPEAK AGAINST, AND THEN IF THERE'S A SPEAKER FOR OR AGAINST THAT WANTS TO HAVE MR. TOMKO FINISH? UH, COMMISSIONER MUSH TAYLOR, I LIE GOING ON.
I, YEAH, I DO WANNA SPEAK AGAINST, I'M HAPPY TO LET THEM FINISH THAT THOUGHT.
IF SOMEBODY ELSE WILL PLEASE FINISH THIS TALK, GRAB IT.
UH, THE ONLY TIME GREAT STREETS IS MANDATORY PER CITY CODE IS UNDER THE DOWNTOWN DENSITY BONUS PROGRAM, WHICH IS NOT WITHIN DOWNTOWN.
UM, HOWEVER, I'VE SEEN PROJECTS REFER TO MEETING GREET GREAT STREETS AS A PART OF A NEGOTIATED AND OFTEN COMPLICATED PUT OR SIMILAR DEVELOPMENT INSTRUMENTS SUCH AS L IDAS.
WE'VE OFTEN SEEN THAT IN THE END, THE PROJECTS, UH, DON'T MEET THE STANDARDS OF GRADE STREETS DUE TO UTILITY CONFLICTS OR RIGHT OF WASTE CONSTRAINTS.
I'M, I'M GONNA SPEAK AGAINST THIS.
UM, FOR THE SAME REASONS COMMISSIONER COX MENTIONED WE'RE NOT, I, I'M, I DON'T WANNA SEE IDAS COME BACK TO US.
THAT'S A TOOL THAT NEEDS TO GO, I THINK ON, ON, NO MATTER WHAT THE, THE THOUGHT PROCESS WAS AMONGST THE COMMISSION.
WE WERE LOOKING FOR ZONING CATEGORIES AND TOOLS THAT ALLOWED US TO GET DEVELOPMENT AND OPPORTUNITY INTO AREAS THAT COMPROMISE THE NEEDS OF COMMUNITIES AND THINGS IN AREAS WHERE WE DIDN'T HAVE THEM.
AND WE, WE LEARNED VERY QUICKLY, AND IPDA DOES NOT DO THAT.
I THINK THERE'S ENOUGH CONVERSATION HERE THAT EVEN IF THIS GOES TO COUNCIL WITHOUT A RECOMMENDATION, IT'S GOING THERE NEXT.
SO IF IT GOES WITHOUT A RECOMMENDATION, THERE'S BEEN ENOUGH DISCUSSION HERE ABOUT WHAT'S NEEDING TO HAPPEN, UM, THAT THAT CAN GET FLESHED OUT ON ITS WAY TO COUNCIL.
BUT I DON'T WANNA ENDORSE THIS L-I-P-D-A.
WE, YOU KNOW, OUR COMMISSION PRIOR AND OUR COMMISSION MAKE UP.
WE WENT TO A LOT OF GREAT LENGTHS IN, IN PROJECTS TO TRY AND MANEUVER OUT OF THAT BECAUSE IT DIDN'T GIVE ANYBODY ANYTHING THAT THEY WANTED.
UM, THE OTHER THING IS THIS AREA, WE LOOKED AT OTHER CASES, UM, AND THERE ARE THOSE OF US THAT STRADDLED THE LAST COMMISSION ALONG THIS AREA.
THIS GOES ALONG THE FIELDS AND WAY, AND, SORRY, I I DO WANNA FINISH THIS THOUGHT.
WE WERE LOOKING TO CONNECT THE BUSINESS CORRIDOR COMING INTO THE RECREATIONAL CORRIDOR, TO THE SINGLE FAMILY HOUSING AND NEIGHBORHOOD CORRIDORS.
THERE WERE OTHER PROJECTS THAT DID THIS BETTER.
THIS DOES NOT, NOT DO ANY OF THAT.
CANNOT SUPPORT, UH, NEXT SPEAKER IN FAVOR.
I'D ACTUALLY LIKE TO MAKE A SUBSTITUTE MOTION, UM, WHICH WOULD BE STAFF RECOMMENDATION, INCLUDING COMMISSIONER COX'S LANGUAGE LIMITING OFFICE USES WITHOUT THE SETBACK REQUIREMENT.
AS WE'RE HEARING THAT, THAT'S NOT NECESSARY FOR THE GREAT STREETS PROGRAM AND ALSO NOT POSSIBLE FOR US TO REQUIRE THAT IT FOLLOW THE GREAT STREETS REQUIREMENTS.
AND COMMISSIONER WOODS, JUST TO CLARIFY FOR THE LANGUAGE, UH, WE'RE SAYING WITH OFFICE USES PROHIBITED, CORRECT? CORRECT.
IT LOOKS TO BE SECONDED BY COMMISSIONER MAXWELL.
OKAY, MR. CHAIRMAN, PROBLEM IS YOUR INQUIRY COMMISSIONER HANS.
UH, MR. CHAIRMAN, UH, ABOUT FIVE MINUTES AGO OR SO, I ASKED, UH, FOR A LEGAL INTERPRETATION AND I ASK A LEGAL QUESTION AND I HAVE FULL FAITH, CREDIT AND, AND TRUST IN, IN MR. TOMKO.
HE'S, HE KNOWS MORE ABOUT THIS THAN, THAN WELL, EXCEPT FOR MAYBE MR. COMMISSIONER JOHNSON, BUT I KNOW HE'S SPOT ON ON THIS.
DO WE HAVE LAW ON THE LINE? UM, SO I WAS CHATTING WITH LAW AND THEY SAID THAT JONATHAN ANSWERED ACCURATELY.
CAN WE HAVE, I I, IS IT A, IS IT A BLACK BOX, BOX MYSTERY THAT LAW CAN'T CALL IN AND SAY, AND GIVE ME? I HAVE ASKED IF SOMEONE COULD SPEAK TO THE QUESTION.
UM, AND I WAS TOLD THAT JONATHAN ANSWERED ACCURATELY.
[03:00:01]
OKAY.DOES ANYONE WANNA SPEAK IN FAVOR OF THIS ITEM?
THEN MS. WOODS, WOULD YOU LIKE, WOULD YOU LIKE TO SPEAK TO YOUR SUBSTITUTE MOTION? I THINK COMMISSIONER COX, UM, SPOKE WELL TO IT, AND THEN WE, WE LEARNED THAT THAT SETBACK REQUIREMENT WAS NOT, UM, POSSIBLE OR NECESSARY, BUT I DO APPRECIATE THE COMMUNITY'S CONCERNS AROUND AFFORDABILITY.
AND, UM, THE APPLICANT'S, YOU KNOW, GENEROUS OFFER AROUND AFFORDABILITY IS ONLY POSSIBLE IF THIS IS, UH, UH, HOUSING USE.
AND SO I THINK THAT IF THEY NEED TO COME BACK TO US AND GET THAT OFFICE USE ADDED BACK IN, THAT'S A DIFFERENT CONVERSATION THAT WE CAN HAVE.
BUT IT FEELS LIKE WE'RE KIND OF TALKING ABOUT THE MERITS OF THIS CASE AS THOUGH IT'S A RESIDENTIAL CASE.
AND SO I THINK IT MAKES SENSE FOR IT TO PROCEED THAT WAY.
SPEAKER AGAINST COMMISSIONER JOHNSON? YEAH, I'M, I'M LEANING AGAINST, I'M, I'M LESS AGAINST THAN I WAS WITH THE, UH,
THIS IS ON A BUSINESS CORRIDOR.
MY OFFICE IS ABOUT 300 FEET FROM THIS BUILDING, UH, INSIDE OF A STORAGE COMPLEX WITH SOME OFFICE USES.
THERE'S SEVERAL STORAGE BUILDINGS, OFFICES, RESIDENCES, BARS, BREWERIES, RESTAURANTS.
UH, IT IS LITERALLY A HIGHWAY OFF RAMP AS WELL.
SO, UH, DEFINITELY NOT A PERFECT AREA, BUT AS WAS MENTIONED, IS A, A WONDERFUL PLACE TO LIVE.
WALKABLE AMENITIES, YOU NAME IT.
UH, I JUST DON'T THINK WE NEED TO GET DOWN TO THE NITTY GRITTY OF SAYING ON THIS ONE PARTICULAR SITE, IF THE APPLICANT FOUND A CLIENT OR A TENANT THAT WANTED TO PUT 10,000 SQUARE FEET OF OFFICE SPACE IN THIS BUILDING, THAT WE THINK AS A COMMISSION, AS A BODY THAT WOULD BE DETRIMENTAL TO THE PUBLIC.
HOW IS, HOW IS THAT POSSIBLY A BAD THING RIGHT NOW? UNDERSTANDING MARKET CONDITIONS, AT LEAST TO THE VERY SMALL EXTENT THAT I DO, THEY'RE NOT GONNA BUILD AN OFFICE BUILDING AT ANY TIME IN THE NEXT COUPLE YEARS.
WE HAVE PLENTY, BUT IF 10 YEARS FROM NOW THE SITE IS SITTING UNDEVELOPED, I DON'T WANNA HAVE TO FORCE SOME OTHER FUTURE OWNER OR DEVELOPER TO COME BACK AND PAY FEES AND GO THROUGH THIS PROCESS AGAIN FOR PERMISSION TO BUILD SOME OFFICE DOWNTOWN.
I MEAN, THAT'S, THAT SHOULD BE ALLOWED.
IT'S EXACTLY WHAT, UH, ONE OF MANY USES THAT MAKES SENSE IN A DOWNTOWN AREA.
AND, AND I JUST REALLY DON'T SEE A, A RATIONAL BASIS TO SAY THAT OFFICE ISN'T APPROPRIATE IN AN AREA SURROUNDED BY OFFICES, RESIDENTS, STORAGE UNITS, BARS, YOU KNOW, YOU NAME IT.
IT'S THE WHOLE POINT OF HAVING A MIXED USE AREA.
AND I THINK THAT'S WHAT THIS AREA EXEMPLIFIES MORE THAN MOST PARTS OF TOWN.
YES, IT, IT, ARE WE AT A POINT WHERE I CAN ALSO MAKE A SUBSTITUTE? WELL, I, I THINK WE WE'RE ALREADY ON A SUBSTITUTE.
COMMISSIONER COX, YOU CAN AMEND A SUBSTITUTE, BUT YOU CANNOT SUBSTITUTE A SUBSTITUTE
NO, WE WOULD HAVE TO DIS YOU HAVE TO VOTE DOWN.
YEAH, WE WOULD HAVE TO DISPOSE OFF.
UH, COMMISSIONER WOODS, WE WOULD HAVE TO DISPOSE OFF THIS AMENDMENT, UH, SORRY, THIS SUBSTITUTE AND THEN WE WOULD BE ABLE TO DO THAT.
SO IN LIEU OF THAT, I, IS IT COMPLETELY OUT OF ORDER IF I WERE TO ASK A QUESTION TO THE, THE, THE NEIGHBORHOOD REPRESENTATIVE, IF WE COULD, LET'S GO AHEAD AND SPEAK FOR AND AGAINST AT THIS POINT.
I KNOW I
THE NEIGHBORHOOD REPRESENTATIVE? WELL, SO, SO I'LL GO AHEAD AND I'LL JUST GO AHEAD AND SPEAK AGAINST, AND THE, AND THE ONLY REASON I'M SPEAKING AGAINST IS BECAUSE I MEAN, IF YOU LOOK ON STREET VIEW, THE, THE BLOCK THAT WE'RE TALKING ABOUT HAS A REALLY, REALLY POOR UNDESIRABLE PEDESTRIAN STREETSCAPE ENVIRONMENT.
COMMISSIONER CO, SINCE WE DID ALREADY ALLOW THAT A MOMENT AGO, UM, THE, THE REPRESENTATIVE'S RIGHT HERE, IF YOU WANNA HAVE A SEAT AND, AND COMMISSIONER COX, IF YOU WANNA QUICKLY ASK YOUR QUESTION, YOU DO HAVE THAT REPRESENTATIVE.
YEAH, NO, I WAS JUST TRYING TO UNDERSTAND.
Y YOU KNOW, UH, IF, IF I WAS TRYING TO MATCH THE PRESLER PDA, WHICH INDICATES AN 18 FOOT GREAT STREETS MASTER PLAN ON FIFTH STREET, AND I'M JUST CURIOUS IF THE NEIGHBORHOOD HAS A SUGGESTION ON WHAT COULD BE ADDED TO THE PDA TO ACHIEVE A BETTER STREET SCAPE ENVIRONMENT LIKE WE SEE ON THE NEXT BLOCK OVER.
IF, IF WE'RE NOT DEALING WITH JUST PURE SETBACKS OR NOT CALLING IT GREAT STREETS, WHAT IS THE MECHANISM TO DO THAT? WE HAVE BEEN WORKING ON THIS.
WE'VE BEEN WORKING ON THIS FOR A LONG TIME AND WE'VE BEEN TRYING TO COME TO AN AGREEMENT, THE THERE, BUT WE HAVE BEEN TOLD WE ARE AT AN IMPASSE AND THAT WE CAN, THAT THERE WILL, THERE, YOU KNOW, I UNDERSTAND YOU GUYS WANTING TO ALLOW THE
[03:05:01]
MOST OPPORTUNITY, BUT OUR CONCERN IS IF YOU PASS THIS AT 120 AND WE DON'T COME TO AN AGREEMENT, NO TELLING WHAT IT'S GONNA LOOK LIKE, YOU KNOW, NO TELLING WHAT IS GONNA BE ON THE FIRST FLOOR.WE'VE NOT BEEN ABLE, THE, THE SKETCHES THAT WERE GIVEN WERE SO OFF BASE OF, OF WHAT IS ACHIEVABLE ON THIS LOT.
UM, AS FAR AS WORKING UNDERGROUND, THAT'S NOT AN OPTION.
YOU KNOW, 30, YOU KNOW, WHAT DID HE SAY? 10 CARS A FLOOR, HOW WERE THEY? THEY, AND SO EXCLUSIVE, EX EXCLUSIVE OF, OF THE PRIVATE NEGOTIATION, I'M TRYING TO FIGURE OUT HOW TO CRAFT THE BEST MOTION HERE.
AND SO MS. BOJO, IS THERE A MECHANISM WE CAN USE TO ENSURE THAT WE GET A BETTER PEDESTRIAN ENVIRONMENT IN FRONT OF YOUR PROPOSED DEVELOPMENT? AND THAT WAS TIME RIGHT THERE.
LET'S SEE IF SOMEBODY ELSE WANTS TO SPEAK FOR OR AGAINST, I'M NOT SURE WHAT YOU JUST SPOKE, BUT THAT WAS FOR OR AGAINST, I SEE COMMISSIONER MUSH TELLER'S HAND GO UP, MUSH.
AND IT'S A, A NEW, UH, SUBSTITUTE MOTION I'D LIKE TO SPEAK AGAINST.
UM, NO, I THINK IF WE, I, THIS IS IMPORTANT AND, AND COMMISSIONER, UM, UM, ANDERSON AND AJA, I MEAN, YOU GUYS WERE ALL ON WHEN WE HAD ANOTHER CASE COME THROUGH.
THIS IS ALONG THE RECREATION CORRIDOR.
SO WHILE YOU DO HAVE SOME OF THE BUSINESS THAT COMMISSIONER JOHNSON WAS TALKING ABOUT, AND THAT INTERSECTION ON THE OTHER SIDE OF IT, YOU'VE ALSO GOT ALL OF THE FIELDS AND WIA AND IT GOES DOWN INTO THE HIGH SCHOOL AND THE LAKEFRONT.
AND WE, WE WE'RE WORKING VERY HARD TO ACTIVATE THIS IN A WAY THAT TRANSITIONS IT.
I THINK THE FACT THAT WE'RE HAVING SO MUCH TROUBLE TRYING TO, UH, OVERLAY COLOR UP WHATEVER BEAUTIFY THIS L-I-P-D-A SPEAKS TO THE FACT THAT IT'S INAPPROPRIATE FOR THIS PROPERTY, FLAT AND SIMPLE.
THIS WASN'T WHAT WE WERE TRYING TO DO BEFORE.
IT GOES AGAINST IT, IT DOESN'T INTEGRATE THE AREAS WELL AND IT DOESN'T ACHIEVE WHAT WE'RE LOOKING FOR.
IT'S OKAY TO SEND THIS TO COUNCIL WITH NO RECOMMENDATION.
THE MESSAGE IS CLEAR, THIS REQUEST DOESN'T DO WHAT WE NEEDED TO DO, AND EITHER THEY CAN FLESH IT OUT ON THEIR WAY TO COUNCIL, OR COUNCIL CAN HELP 'EM WHEN THEY GET THERE.
BUT, YOU KNOW, WE WERE LACKING A LOT OF STUFF COMING INTO THIS MEETING.
THIS ISN'T THE RIGHT WAY TO DO THIS, AND I THINK WE OUGHT TO SQUASH L-I-P-D-A AND TELL 'EM NO THAT.
ONE MORE SPOT FOR AGAINST, OKAY.
THIS IS ITEM BROUGHT BY WIN ONE MORE AGAINST SUBSTITUTE MOTION BY COMMISSIONER WOODS.
SECONDED BY COMMISSIONER MAXWELL.
IF YOU'D LIKE TO RESTATE THE MOTION, I WAS ACTUALLY HOPING TO TAKE THAT FINAL SPOT AGAINST, AND I APOLOGIZE FOR NOT MAKING THINGS SIMPLE HERE, BUT I WAS, YOU ALREADY SPOKE BEFORE, SO I'M SORRY YOU'RE NOT ABLE TO DO THAT.
ALL THOSE, SO TO RESTATE PLEASE GO AHEAD.
YOU GONNA RESTATE, ARE WE GONNA RESTATE THE MOTION? SURE.
UH, SO THE MOTION WAS FOR STAFF RECOMMENDATION INCLUDING COM COMMISSIONER COX'S PREVIOUS LANGUAGE LIMITING OFFICE USES WITHOUT FURTHER SETBACK REQUIREMENTS.
ALL THOSE IN FAVOR ON THE DAYS, PLEASE RAISE YOUR HAND ONLINE PLEASE.
KEEP THOSE UP FOR A MOMENT PLEASE.
COMMISSIONER JOHNSON AGAINST COMMISSIONER MUSH TOWER COMMISSIONER WOODS.
COMMISSIONER SKIDMORE, COMMISSIONER CZAR, COMMISSIONER COX.
BACK TO THE MAIN MOTION COMMISSIONER COX'S MOTION AND I SEE A HAND.
I'D LIKE TO OFFER A SUBSTITUTE MOTION, PLEASE.
UM, I'D LIKE TO MOVE THE STAFF RECOMMENDATION.
STAFF RECOMMENDATION, SECONDED BY COMMISSIONER WOODS.
WOULD YOU LIKE TO SPEAK TO THAT MOTION? UH, AS I SAID BEFORE, I THINK THAT WHILE L-I-P-D-A MIGHT BE AN IMPERFECT, UH, USE OF, UH, STRANGE ZONING COMBINATIONS, UM, THE ACTUAL EFFECT THAT IT WOULD HAVE ON THE GROUND ON THIS SITE, I THINK IS QUITE APPROPRIATE FOR, UH, THE EDGE OF DOWNTOWN IN A MIXED USE AREA, RE RECREATIONAL, UH, CORRIDOR ORIENTED OR NOT.
THIS IS A DIVERSE, VIBRANT, WONDERFUL MIX OF USES, A GREAT PLACE TO WORK, A GREAT PLACE TO LIVE.
UM, I THINK WE SHOULD HAVE MORE OPPORTUNITY FOR PEOPLE TO BUILD PLACES TO LIVE AND OR PLACES TO WORK.
UH, AND I THINK THAT THE PROPOSED L-I-P-D-A ZONING DOES EXACTLY THAT SPEAKER AGAINST MR. COX, L-I-P-D-A IS, IS, IS A MECHANISM TO ACHIEVE MAXIMUM ENTITLEMENTS WITH MINIMUM BENEFITS.
UM, THE OBVIOUS BENEFIT HERE IS THE POTENTIAL FOR AFFORDABLE HOUSING, UH, BUT WITHOUT ACTUALLY REQUIRING THE DEVELOPER TO BUILD HOUSING, WE'RE NOT GONNA GET ANY AFFORDABLE HOUSING.
UM, SO, SO THE, THE, THE MECHANISM THAT I WAS TRYING TO
[03:10:01]
CRAFT, UM, WAS, WAS TO REMOVE THE OFFICE, THE ABILITY TO JUST BUILD A 120 FOOT MAXIMUM SIZE OFFICE BUILDING ON THIS LOT, WHICH REALLY WOULD PROVIDE VERY LITTLE BENEFIT TO THE COMMUNITY OR TO THE ADJACENT, UH, UH, UH, USES THAT, UM, COMMISSIONER SALA WAS TALKING ABOUT.AND SO DEFINITELY WITHOUT TRYING TO FIGURE OUT A WAY TO, TO ENSURE WE HAVE AFFORDABLE HOUSING ON THIS SITE, UM, I, I DEFINITELY CAN'T SUPPORT L-I-P-D-A, NOR AM I INCLINED TO SUPPORT L-I-P-D-A IN, IN ANY CIRCUMSTANCE.
COMMISSIONER FOUR, COMMISSIONER MAXWELL.
UM, JUST THINKING ABOUT THIS SITE AND AS IT EXISTS TODAY AND WHAT WE POTENTIALLY HAVE HERE IN TERMS OF HOUSING AND, AND I ACTUALLY WANNA PUSH BACK THAT THERE'S NOT COMMUNITY.
WE KNOW THAT THERE WILL BE HOUSING HERE THAT IS A COMMUNITY BENEFIT.
THERE WILL LIKELY BE AFFORDABLE HOUSING HERE, WHICH IS ALSO A TREMENDOUS COMMUNITY BENEFIT.
THERE'S ALSO A LONG LIST OF ITEMS THAT ARE BEING INCLUDED IN THE PDA IN VARIOUS WAYS THAT HAVE BEEN SPECIFICALLY REQUESTED BY THE NEIGHBORHOOD.
I THINK WE HEARD FROM THE APPLICANT THAT THEY HAD ALMOST MEET SOME OF THE SAME REQUIREMENTS FOR A MUCH BIGGER SITE.
I'M SO SORRY, THIS ISN'T LOCATED NEXT TO THE TRAIL, SO WE CAN'T PUT IN A CONNECTION OR SOMETHING LIKE THAT.
IT'S A SMALL SITE AND WE'RE TRYING TO MAXIMIZE THE VALUE AND IT'S ADJACENT TO DOWNTOWN.
THIS IS LITERALLY THE PERFECT PLACE FOR A CAR LIGHT YOUNG COUPLE TO LIVE.
THERE'S SO MANY GREAT PLACES TO WORK AND PLAY RIGHT IN THAT AREA AS COMMISSIONER TON HAS SHARED WITH US.
AND I JUST THINK THAT THIS IS, OF COURSE, IS A SLAM DUNK THAT WE SHOULD BRING TO COUNCIL IN SAYING, YES, PLEASE APPROVE THIS SPEAKER AGAINST MR. OWLER
NO, IT'S NOT AN IDEAL SPOT FOR THE YOUNG UPCOMING COUPLE.
IT'S RIGHT ACROSS FROM THE HIGH SCHOOL.
IT'S AN IDEAL SPOT FOR AFFORDABLE HOUSING FOR FAMILIES.
COMMISSIONER FOUR AGAINST, OKAY, LET'S TAKE A VOTE ON THIS.
THIS IS BROUGHT BY COMMISSIONER JOHNSON, SECONDED BY COMMISSIONER WOODS.
MOVING FORWARD TO STAFF RECOMMENDATION.
ALL THOSE IN FAVOR UP HERE ON THE DAYS.
PLEASE RAISE YOUR HAND ON SCREEN.
ANYONE AGAINST, PLEASE RAISE YOUR HAND UP ON THE DAYS.
IF YOU WOULD RAISE YOUR HAND IF YOU ARE VOTING AGAINST, I BELIEVE THAT ITEM PASSES IS SEVEN TO TWO WITH COMMISSIONER TELLER, UH, COMMISSIONERS MUST TELLER AND COX VOTING? NO.
[15. Rezoning: C14-2024-0070 - 3117 & 3121 E. 12th Street; District 1]
GOOD EVENING, MARCEL BOUDREAU, PLANNING DEPARTMENT STAFF.THIS IS CASE NUMBER C 14 20 24 DASH SEVEN, NUMBER 15 ON THE AGENDA, LOCATED AT 31 17 AND 31 21 EAST 12TH STREET IN THE ROSEWOOD NEIGHBORHOOD PLAN ON JUNE 25TH OF THIS YEAR, THE PLANNING COMMISSION APPROVED A NEIGHBORHOOD REQUEST TO POSTPONE TO TODAY'S HEARING.
PRIOR TO THAT, THIS CASE WAS LAST HEARD AT THE MAY 23RD, 2023 PLANNING COMMISSION MEETING WHERE C-S-M-U-V-C-O-N-P WAS RECOMMENDED BY THIS COMMISSION AND SUBSEQUENTLY APPROVED BY CITY COUNCIL SEPTEMBER 21ST, 2023.
SINCE THAT TIME, THE COURT'S RULING IN VALIDATED BONUSES AUTHORIZED FOR A VM U2 BUILDING.
SO WE'RE BACK BEFORE YOU THIS EVENING.
THIS CASE FOR THE DB 90 REZONING, THE ONE ACRE SUBJECT REZONING AREA IS CURRENTLY ZONED C-S-M-U-V-C-O-N-P.
AND THE REQUEST IS C-S-M-U-V-C-O DB 90 NP THREE OF THE FOUR CONDITIONS IN THE CO FROM THE 2023 CASE ARE AGAIN RECOMMENDED AS CONDITIONS ON THIS CASE.
ESTABLISHING PROHIBITED USES, CONDITIONAL USES AND LIMITS TO IMPERVIOUS COVER.
THE APPLICANT IS REQUESTING TO REZONE THE PROPERTY FOR PROPOSED DEVELOPMENT THAT WOULD CONSIST OF APPROXIMATELY 90 MULTIFAMILY UNITS.
THE STAFF ANALYSIS AND BASIS FOR RECOMMENDATION FOR THE PREVIOUS V COMBINING DISTRICT IN 2023 IS THE SAME FOR THIS REZONING REQUEST TO ADD THE DB 90 COMBINING DISTRICT.
THEREFORE, STAFF IS RECOMMENDING C-S-M-U-V-C-O DB 90 MP.
AND MS. CORONA, THANK YOU AGAIN FOR CONTINUING TO MC THE MEETING IN THESE ITEMS. YES.
UH, WE WILL NOW HEAR FROM THE APPLICANT FOR FIVE MINUTES.
I THINK, UH, APRIL'S DONATED TIME IF WE HAVE IT.
UM, THERE'S A PRESENTATION AS WELL, I BELIEVE.
I DON'T BELIEVE WE DO DONATED TIME FOR APPLICANT PRESENTATION.
[03:15:06]
LET ME KNOW WHAT NO, YOU ARE UPLOADING THE PRESENTATION.JUST GIMME A COUPLE MINUTES, PLEASE.
WE CAN DO THIS IN FIVE MINUTES.
LET ME KNOW WHEN MY TIME STARTED AND I'LL START CHAIR WHENEVER.
ARE YOU WANTING TO START BEFORE YOUR PRESENTATION'S UP? LOOKS LIKE I'M WAITING.
I I'M WAITING FOR IT TO GET, IS THIS CONTROLLED OR DO I NEED TO SAY NEXT SLIDE? YOU WANT ME TO SAY NEXT SLIDE? GREAT.
UH, MICHAEL WHALE ON BEHALF OF THE APPLICANT.
I'M HERE, UH, TONIGHT TO REQUESTING, UH, YOUR RECOMMENDATION FOR DB 90 ZONING AT, UH, 3 1 1 7 AND 31 21 EAST 12TH STREET.
YOU, YOU MAY RECALL THIS SITE FROM ABOUT A YEAR AGO, AS YOU JUST HEARD, WHERE WE SUCCESSFULLY REZONED TO ADD THE V COMBINING DISTRICT TO FACILITATE SPECIFICALLY A VMU TWO DEVELOPMENT.
AS A REFRESHER, THE PROJECT WILL WILL, WILL RESULT IN ABOUT 90 MULTIFAMILY UNITS, INCLUDING 12% OF THE UNITS MADE AFFORDABLE TO HOUSEHOLDS EARNING 60% OF THE MEDIUM FAMILY INCOME.
THE SITE IS LOCATED A FEW HUNDRED FEET FROM AIRPORT AIRPORT BOULEVARD, WHICH IS A TRANSIT CORRIDOR AND WITHIN HALF A MILE RADIUS FROM THE MLK RAIL STATION.
UH, AS I MENTIONED, THIS PROPERTY WAS REZONED IN THE FALL TO C-S-M-U-V-C-O-N-P, SO IT COULD ACCESS THE VM U2 THAT REZONING RECEIVED STAFF SUPPORT AS WELL AS UNANIMOUS SUPPORT FROM THE COMMISSION.
UH, MOST OF YOU WERE HERE AND CITY COUNCIL SINCE THE VM U2 PROGRAM HAS SINCE BEEN INVALIDATED.
WE ARE BACK HERE BEFORE YOU SEEKING DB 90, AND IT'S THAT, HERE'S A REMINDER OF WHERE THIS, WHERE THE SITE IS LOCATED.
IT'S ON EAST 12TH, LESS THAN 400 FEET FROM AIRPORT BOULEVARD.
AND HERE'S AN IMAGE OF THE SITE FROM THE STREET.
WHEN WE FILED OUR, THIS IS AN IMAGE FROM WHEN WE FILED OUR ORIGINAL VM U2 CASE.
IT NOW, IT WAS A VACANT COMMERCIAL SPACE.
IT IS CURRENTLY BEING USED TO SHOW A MODEL MODULAR HOME AS WE HAVE BEEN GOING THROUGH THIS LONG REZONING PROCESS.
BUT THE SITE LOOKED LIKE THE PHOTO ON THE SCREEN AT THE TIME OF OUR FIRST REZONING APPLICATION.
RESIDENTIAL, UH, DEVELOPMENT IS APPROPRIATE IN THIS LOCATION FOR MANY REASONS, INCLUDING ITS PROXIMITY TO TRANSIT, AS I MENTIONED AND AS THE STAFF REPORT NOTES.
STAFF DID A GREAT JOB OF LO OF IDENTIFYING ALL THE THINGS THAT ARE VERY CLOSE WITHIN HALF A MILE.
IT'S HERE LESS THAN 400 FEET FROM AIRPORT BOULEVARD, WHICH IS DESIGNATED AS AN IMAGINE AUSTIN ACTIVITY CORRIDOR AND AN AUSTIN STRATEGIC MOBILITY PLAN TRANSIT PRIORITY NETWORK ROADWAY.
AS YOU ALL KNOW, THE CITY USES THESE DESIGNATIONS TO GUIDE GROWTH WITH THE AIM OF CONCENTRATING NEW DEVELOPMENT AROUND CORRIDORS AND TRANSIT.
OUR PROJECT ALIGNS WITH CITY PLANNING PRINCIPLES SUCH AS FOCUSING FUTURE INVESTMENTS TO SUPPORT CORRIDORS AND EXPAND, EXPANDING THE NUMBER AND VARIETY OF HOUSING CHOICES THROUGHOUT AUSTIN.
IN FACT, THE FIRST LAND USE PRIORITY, UH, AS YOU CAN SEE UP HERE FROM THE A SMP, IS TO PROMOTE TRANSIT SUPPORTIVE DENSITIES ALONG THE TRANSIT PRIORITY NETWORK.
ONE KEY BENEFIT TO THIS PROPOSAL IS THE SITE'S PROXIMITY TO A CAP METRO RAIL STATION.
THE PROJECT WILL BE WITHIN HALF A MILE RADIUS OF THE MLK RAIL STATION AND HAS DIFFERENT PEDESTRIAN ROUTES COMPLETE WITH CROSSWALKS AND SIDEWALKS FOR SAFETY.
AS SHOWN HERE IN RED, THIS RAIL STATIONED OPENED IN 2010, NEARLY A DECADE AFTER THE NEIGHBORHOOD PLAN WAS ADOPTED AND THEREFORE WAS NOT PART OF THE PLANNING CONSIDERATIONS IN 2001 THAT WENT INTO THE NEIGHBORHOOD PLAN.
THE SITE IS ALSO WELL SUPPORTED BY EXISTING BUS LIGHTS AMONG THE ROUTES
[03:20:01]
RUNNING ALONG IN NEAR THE PROPERTY ARE THE ARE ROUTE SIX RUNNING EAST WEST INTO DOWNTOWN ROUTE THREE 50 GOING NORTH SOUTH FROM A CC RIVERSIDE ROUTE 4 85, WHICH HAS LATE NIGHT BUSES RUNNING FROM DOWNTOWN THROUGH MUELLER AND THEN TO THE SOUTH OF THE PROPERTY.ROUTE TWO, WHICH IS A WEEKDAY HIGH FREQUENCY ROUTE RIGHT INTO DOWNTOWN.
I WANNA TURN NOW AND TALK ABOUT THE WAYS THIS PROJECT SUPPORTS THE ROSEWOOD NEIGHBORHOOD PLAN.
THE PLAN ADOPTED AGAIN IN 2001, SEEKS TO INCREASE AFFORDABLE HOUSING IN THE AREA, ENCOURAGE INFILL DEVELOPMENT, AND REDUCE THE NUMBER OF VACANT LOTS IN THE NEIGHBORHOOD.
OUR PROPOSAL WILL WOULD FULFILL ALL THREE OF THESE STATED GOALS, PROVIDING AFFORDABLE HOUSING THROUGH THE CITY'S DENSITY BONUS PROGRAM, REDUCING SPRAWL WITH INFILL DEVELOPMENT, AND TRANSFORMING A VACANT LOT OR TWO VACANT LOTS TO PROVIDE NEW HOUSING OPPORTUNITIES TO AUSTINITES.
AS YOU CAN SEE, MANY OF THE OBJECTIVES ADOPTED, UH, EXCUSE ME, ADOPTED IN 2001, REFLECT TODAY'S LAND USE AND PLANNING GOALS AT THE SAME TIME.
AS WE ALL KNOW, AUSTIN'S GROWING DEMAND FOR HOUSING AND TRANSIT ACCESS COMPELS US TO MODIFY AND MODERNIZE PLANNING PRINCIPLES AND REGULATIONS TO BE RESPONSIVE TO TODAY'S COMMUNITY NEEDS.
THE STAFF REPORT NOTES, AS I DID IN PREVIOUS SLIDES, THAT THE RAIL STATION DID NOT EXIST WHEN THE NEIGHBORHOOD PLAN WAS ADOPTED.
ADVANCEMENTS LIKE THIS ALONG WITH OTHER PLANNING ASPECTS THAT WE'VE ALREADY DISCUSSED, LED TO STAFF'S INITIAL ASSESSMENT IN THE VM U2 REPORT THAT THE CURRENT CONDITIONS AND LANDSCAPE QUOTE WARRANT A REEVALUATION OF NOT ONLY THE ZONING OF THE SITE, BUT THE DEVELOPMENT RESTRICTIONS PREVIOUSLY IMPOSED OVER TWO DECADES AGO.
FINALLY, I WANNA HIGHLIGHT THE COMMUNITY BENEFITS ASSOCIATED WITH THIS PROJECT.
WE ALREADY MENTIONED 12% OF THE UNITS WOULD BE AFFORDABLE AT 60%.
THERE'S ABOUT A HUNDRED THOUSAND DOLLARS PAID, UH, IN THE STREET IMPACT FEE.
NEW HOUSING IS BEING BUILT BETWEEN NEAR TRANSIT LINES AND TRANSIT ROADWAYS.
OF COURSE, THE PROJECT WILL LEAD TO INCREASED HOUSING STOCK IN AUSTIN.
I DO WANNA NOTE THAT, UH, THE VMU CASE PREVIOUSLY, WE HAD AGREED TO A CONDITIONAL OVERLAY LIMITING THE HEIGHT TO 80 FEET AND CAP CAPPING THE IMPERVIOUS COVER TO 90%.
UH, WE HAVE RECEIVED, MY LAST THOUGHT IS WE RECEIVED FEEDBACK ON THE, UH, 90, ON THE 80 FEET AND ON THE 90 FEET.
UH, WE WILL NOW HEAR FROM THOSE SPEAKING IN OPPOSITION.
UH, CHRISTOPHER PAGE IS SPEAKING IN OPPOSITION AND IS THE PRIMARY SPEAKER, CHRISTOPHER, YOU WILL HAVE FIVE MINUTES.
PLEASE HOLD TIME UNTIL THE PRESENTATION.
ALL RIGHT, CHRIS PAGE, PRESIDENT OF THE HOMEWOOD HEIGHTS NEIGHBORHOOD ASSOCIATION.
UM, AS MICHAEL STATED, UH, THIS CASE WAS, UH, RESOLVED UH, MONTHS AGO.
THE APPLICANT LAST REZONED THESE PARCELS ON SEPTEMBER 21ST, 2023 AFTER REVIEW BY THE HOMEWOOD HEIGHTS NEIGHBORHOOD ASSOCIATION, MCKINLEY HEIGHTS NEIGHBORHOOD ASSOCIATION, GLEN OAKS NEIGHBORHOOD ASSOCIATION, ROSEWOOD NEIGHBORHOOD CONTACT TEAM, WARREN MEREDITH OF DEVELOPMENT SERVICES DEPARTMENT, JOY HARDIN, HEAD OF THE PLANNING DEPARTMENT, JOHN LAWLER, D ONE, POLICY DIRECTOR, SHARON MAYS, D ONE CHIEF OF STAFF, THIS PLANNING COMMISSION AND OUR CURRENT CITY COUNCIL, AN OUTCOME WAS FINALIZED.
THE APPLICANT MODIFIED A CONDITIONAL OVERLAY IN OUR NEIGHBORHOOD TO ALLOW 80 FEET OF STRUCTURE, HEIGHT AND 90 FEET OR 90% OF IMPERVIOUS COVER DESPITE OVERWHELMING OPPORT, UH, COMMUNITY OPPOSITION IN THE FORM OF A VALID PETITION.
RESIDENT SURVEYS, OFFICIAL VOTES TAKEN AT A NEIGHBORHOOD, ME OR AT MULTIPLE NEIGHBORHOOD MEETINGS AND PUBLIC TESTIMONY THAT RESULT ALIENATED RESIDENTS.
BUT REPRESENTATIVE FINAL DETERMINATION FROM THE CITY, UH, FOOL ME TWICE, THIS IS THE APPLICANT'S REQUEST.
UH, UM, AS YOU CAN SEE, THIS IS, UH, AN AREA THAT'S HIGHLY SUSCEPTIBLE TO GENTRIFICATION.
IT WAS THE FASTEST, UH, GENTRIFYING AS ZIP BILL IN THE COUNTRY AS I'VE STATED PREVIOUSLY.
NEXT, UM, THESE ARE THE HOUSES THAT WE PREDICTED WOULD START TO GO UP FOR SALE, UNSUBSIDIZED NATURALLY OCCURRING AFFORDABLE HOUSING.
NEXT, THESE ARE THE DEMOGRAPHICS WHERE A MAJORITY, UH, MINORITY COMMUNITY AND ARE, UH,
[03:25:01]
CENSUS TRACKED.MFI IS FAR BELOW WHAT MEDIAN FAMILY INCOME IS, EVEN AT THE 60% LEVEL.
NEXT, THOSE ARE THE ACTUAL NUMBERS ON MEDIAN FAMILY INCOME IN OUR, UH, OUR CITY NEXT OPPORTUNITY ZONE.
THIS IS SOMETHING THAT THE APPLICANT HAS BEEN CAPITALIZING ON.
UH, THERE'S ESSENTIALLY TRUMP ERROR TAX, UH, OR CAPITAL GAINS TAX.
UH, EXEMPTIONS HIGHLY PROFITABLE AND THEY ACTUALLY STAYED IN SOME OF THEIR MARKETING MATERIALS.
SO THE SUBJECT, UH, PROPERTY, AS I SAID, HAD A 40 FOOT CONDITIONAL OVERLAY NEIGHBORHOOD, WAS UPDATED TO BMU IN 20, AROUND 20 11, 20 23, UH, JUST MONTHS AGO.
UH, AFTER ROBUST ENGAGEMENT, IT CAME TO WHERE IT IS TODAY.
THAT'S JOY HARDEN READING THE CONDITIONAL OVERLAY.
NEXT, IT'S MICHAEL WHEELAN READING THE CONDITIONAL OVERLAY.
NEXT, IT'S MICHAEL BERNSTEIN, THE CEO OF GEER GROUP READING THE CONDITIONAL OVERLAY.
NEXT, THIS IS A LETTER FROM THE CEO OF GEER GROUP, EX EXPLICITLY OUTLINING ALL THE CONDITIONS THAT WERE MET AFTER, AS I SAID, ALMOST A YEAR OF PUBLIC ENGAGEMENT.
NEXT, THIS IS THE PROPERTY USE SINCE THEY GOT THE REZONING.
AND A LOT OF THE PROMISES YOU HEARD TONIGHT FROM MICHAEL WHEELAN, YOU MIGHT'VE HEARD LAST YEAR, NEXT 216 DAYS LATER, THEY FILE FOR, UH, A REZONING DB 90.
OBVIOUSLY VMV TWO IS INVALIDATED AND DB NINE 90 IS THE REPLACEMENT, ALBEIT A DIFFERENT ONE.
UM, BUT IN THEIR INITIAL, UH, REQUEST, WHICH WAS I BELIEVE APRIL 23RD, 2024, THEY EXPLICITLY SAID THAT THEY DID NOT WANT TO DISTURB THE CONDITIONAL OVERLAY AS IT RELATES TO HEIGHT AND, UH, IMPERVIOUS COVER.
NEXT, THAT'S THEIR ORIGINAL LETTER.
YOU CAN REVIEW IT ON YOUR OWN TIME.
SAYS EXACTLY WHAT I JUST SAID NEXT.
THIS IS AN ADMISSION FROM A PARALLEL DB 90 CASE THAT'S REPRESENTED BY RON RELL, WHERE HE ADMITS THAT DB 90 POSITION IN ALMOST IDENTICAL PROXIMITY TO AIRPORT BOULEVARD IS INAPPROPRIATE.
NEXT, UM, THESE ARE THE ADDITIONAL CHANGES THAT HAVE INCREASED ENTITLEMENTS.
YOU CAN SEE, UM, YOU KNOW, THEY, WELL, I'M RUNNING OUTTA TIME HERE.
SO NEXT, UH, THAT'S THE APPLICATION OR THE APPLICANT'S LETTER THAT CAME IN YESTERDAY WASN'T POSTED TILL I THINK EITHER LATE YESTERDAY AFTERNOON OR TODAY NEXT.
SO WHAT'S THE RATIONALE? APPLICANT HAD ALL THE ENTITLEMENTS THAT IT CONFIRMED IT NEEDED CITY COUNCIL, UH, FURTHER INCREASE THESE PROPERTIES ENTITLEMENTS VIA THE COMPATIBILITY REFORMS THAT STRIPS COMPATIBILITY FROM THE SITE.
UH, AS IT RELATES TO THE HOUSES NORTH OF IT.
CITYWIDE REZONING CHANGES JUST GENERATED A MASSIVE VOLUME OF NEW ENTITLEMENTS IN THIS, THIS PARTICULAR COMMUNITY, WHICH HAD RACIST EXCESSIVE ZONING, WHICH WAS TEMPERED BY A ROSEWOOD NEIGHBORHOOD PLAN.
AND THAT'S WHY THE CONDITIONAL OVERLAY WAS CREATED IN 2002.
VACANT LOTS ARE OWNED ALL OVER THE COMMUNITY, UH, AND CITYWIDE MFIS INCREASED RAPIDLY, AND AS I SAID, 60% OF FIS OUTSIDE THE REACH FINANCIALLY OF OUR CENSUS TRACT.
A LOT MORE TO SAY, PLEASE REVIEW THIS OWN THIS SLIDE DECK ON YOUR OWN TIME.
UH, THE NEXT SPEAKER IS JOINING US VIRTUALLY, UM, SPEAKING IN OPPOSITION, SOLE PRAXIS SOLE HAS IDENTIFIED AS A PRIMARY SPEAKER SOLE.
PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
SHE'S NOT ON, AND I DON'T KNOW THAT WE TYPICALLY HAVE TWO PRIMARY SPEAKERS TOO.
JENNY GRAYSON SPEAKING IN OPPOSITION.
UM, SO WE HAVE DONATED TIME FROM DEBORAH NORRIS AND SETH WILKERSON, BUT THEY ARE JOINING US VIRTUALLY AND THEY HAVE TO BE IN PERSON, BRAD.
YES, I GOT BRAD THAT DONATED TIME TO YOU.
SO YOU'LL HAVE A TOTAL OF FOUR MINUTES.
UM, SO THERE ARE A LOT OF SPEAKERS ON THIS ITEM, SO BRAD ONLY HAD ONE MINUTE TO SPEAK ON IT, AND YOU HAD THREE.
WHAT IS, WHAT ARE Y'ALL? OKAY.
AND, AND WERE THE FOLKS DONATING TIME ALL SIGNED UP FOR THIS ITEM? YES.
UM, SO YOU'LL HAVE A TOTAL OF SIX MINUTES.
[03:30:02]
YOU, UH, JENNY GRAYSON REPRESENTING MCKINLEY HEIGHTS NEIGHBORHOOD ASSOCIATION, SPEAKING AGAINST ITEM 15.I'M ASKING YOU ALL TO NOT RECOMMEND THIS ITEM TODAY BASED ON YOUR RESPONSIBILITY AS A PLANNING COMMISSIONER IN ARTICLE 10 OF THE CITY, CHARTER PLANNING COMMISSIONERS ARE TO ASSURE THE MOST APPROPRIATE AND BENEFICIAL USE OF LAND THIS APPLICANT ADMITS.
THEY CHANGED PROPERTY ENTITLEMENTS TO INCREASE ITS VALUE.
THEY DID THIS VERY THING 10 MONTHS AGO WITH VMU AND THEY'RE DOING IT AGAIN TODAY.
THE APPLICANT PURCHASED THIS PROPERTY IN 2022 AND HAS SINCE BEEN AWARDED LAND ENTITLEMENTS DOUBLING THE LAND'S VALUE IN TWO YEARS.
ON THIS SLIDE, I HAVE AN AUDIO CLIP OF THE CEO SAYING THAT THEY SUCCESSFULLY THEIR, WELL, THEIR ROLE AS A, I'M JUST GONNA SKIP IT, SORRY.
THE APPLICANT HAS HAD 10 MONTHS TO BEGIN, UH, DEVELOPING THE PROPERTY UNDER THEIR VMU STATUS, BUT TODAY IT STILL SITS VACANT AND THEIR ORIGINAL APPLICATION, THEY STATED THEY COULD NOT COMMIT TO DEVELOPING THE PROPERTY.
THEY'RE BEING ADMIRABLY HONEST WHEN THEY ADMIT TO BASIC LAND SPECULATION PLANNING.
COMMISSIONERS ARE TO RECOMMEND CHANGES CONSISTENT WITH THE PUBLIC INTEREST.
THE PUBLIC DOES NOT SUPPORT THIS.
MORE THAN 20% OF LANDOWNERS WITHIN 200 FEET OF THE PROPERTY PROTESTED THEIR VMU APPLICATION 10 MONTHS LATER.
REMOVING THE CONDITIONAL OVERLAY TAKES AWAY THE HARD WORK THAT WENT INTO MONTHS OF NEGOTIATIONS WITH THE APPLICANT AND WHAT, WITH WHAT LITTLE ABILITY WE HAD TO PROTECT OUR COMMUNITIES AND THE WAY THAT THEY ASKED TO BE PROTECTED.
WE HELD A NUMEROUS PUBLIC INPUT MEETINGS WITH RESIDENTS WHO CONTINUE TO OPPOSE THIS BLATANT SPECULATIVE UPZONING.
WE WILL CONTINUE TO RESIST THIS UNTIL WE GET DEEPER COMMUNITY BENEFITS.
THE PROPERTY WAS ALREADY ZONED MIXED USE.
THEY ALREADY HAD THE PASS CAPACITY TO BUILD UP TO 80 FEET 10 MONTHS AGO.
THEY TOLD US THEY DIDN'T NEED MORE THAN 80 FEET.
OUR NEIGHBORHOOD PLAN REGULATES AFFORDABILITY FOR PURCHASERS AT 60% MFI AND DB 90 REGULATES IT AT 80%.
SO WE'RE ACTUALLY LOSING WHAT LITTLE AFFORDABILITY BENEFITS WE HAD.
WE'RE NOT PROTECTED FROM SHORT-TERM RENTALS.
THERE'S NO WAY TO FORCE THEM TO DEVELOP.
AND IF THIS PASSES, ALL WE ARE GUARANTEEING IS THAT THEIR LAND WILL INCREASE IN VALUE AND RESIDENTS AND RENTERS WILL BE DISPLACED.
WE STILL DON'T SUPPORT THIS PLANNING.
COMMISSIONERS ARE TO PRESERVE AND IMPROVE THE SAFETY, APPEARANCE AND GENERAL WELFARE.
ADDING A 90 FOOT BUILDING ON A RESIDENTIAL STREET WITHOUT CONDUCTING A TRAFFIC IMPACT ANALYSIS IS IRRESPONSIBLE AND GOES AGAINST PRESERVING OR IMPROVING SAFETY.
THIS IS TRAFFIC DURING EVENING RUSH HOUR HEADING EAST.
THOSE CARS ARE WAITING AT A LIGHT, AND THIS IS TRAFFIC DURING MORNING RUSH HOUR HEADING.
WEST 12TH STREET'S NOW BORDERED BY THOSE FLEX POSTS AND THOSE LITTLE BUMPS AND CARS CAN'T PULL OVER IF AND WHEN AN EMERGENCY VEHICLE IS BEHIND THEM.
TRAFFIC AND SAFETY DEFINITELY WON'T DECREASE BY PUTTING A 90 FOOT BUILDING ON THIS STREET.
AND THERE'S A VIDEO THAT PLAYS, BUT THAT'S FROM THIS MORNING CARS ALONG 12TH STREET, HEADING INTO DOWNTOWN GOING ABOUT FIVE MILES AN HOUR.
UH, REGARDING APPEARANCE, THE ROSEWOOD NEIGHBORHOOD PLAN WAS ADOPTED BY THE CITY AND REGULATES BUILDING HEIGHT IN OUR AREA.
DB 90 DOES NOT RESPECT OUR NEIGHBORHOOD PLAN.
IT IS NOT WANTED AND WAS NOT, DOES NOT BELONG IN OUR NEIGHBORHOODS.
AND LET ME BE CLEAR, 12TH STREET IS STILL A RESIDENTIAL LEVEL, TWO A SMP STREET, THIS PROPERTY SURROUNDED BY SINGLE FAMILY HOMES, WHICH WILL BE OVERSHADOWED BY THIS HYPOTHETICAL BUILDING.
THIS IS NOT A BUSINESS DISTRICT.
AS FOR GENERAL WELFARE, THERE'S NOT NOTHING TO PREVENT THIS HYPOTHETICAL BUILDING FROM BECOMING MOSTLY SHORT-TERM RENTALS, WHICH MEANS WE'RE CREATING A HOTEL TO HOTEL DISTRICT RATHER THAN A COMMUNITY.
DANGEROUS SHORT-TERM RENTAL PARTIES ALREADY TAKE PLACE IN OUR NEIGHBORHOODS, PUT CHILDREN AT RISK, AND ARE REPORTED CONTINUALLY HERE AS SEEN BY THESE 3 1 1 3 1 1 REQUESTS.
PLANNING COMMISSIONERS ARE TO PREVENT OVERCROWDING AND AVOID UNDUE CONCENTRATION.
THIS CASE WILL SET A DANGEROUS PRECEDENT FOR LOTS ON THE 12TH STREET CORRIDOR.
12TH STREET IS NOT A CORE TRANSIT CORRIDOR, AND THIS HYPOTHETICAL PROJECT WILL INCREASE TRIPS FROM ZERO TO MAYBE OVER 400, 500 ISH, YET IT WILL NOT REQUIRE A TRAFFIC IMPACT ANALYSIS.
THIS DOESN'T MAKE SENSE, AT LEAST 70 LOTS ALONG 12TH STREET, WHICH MAKE UP 12 AGGREGATE ACRES AND ARE OWNED BY ONE TO TWO DEVELOPERS.
DO WE PLAN TO APPROVE OTHER DB 90 APPLICATIONS THAT ARE NOT ON CORE TRANSIT CORRIDORS WITHOUT REQUIRING A TIA? NONE OF THESE PROJECTS WILL MEET THE 2000 TRIPS PER DAY THRESHOLD, YET COLLECTIVELY, THEY WILL ADD THOUSANDS OF CARS TO THE STREET WHEN MULTIPLE DEVELOPMENTS SPRING UP ON 12TH STREET.
NOT EVERYONE CAN OR WANTS TO TAKE PUBLIC TRANSIT, AND WE CAN'T, IT CAN'T BE ASSUMED THAT THEY WILL PLEASE SET PRECEDENT FOR TIAS THAT MAKE SENSE.
12TH STREET IS NOT A CORE TRANSIT CORRIDOR AND SHOULD NOT BE TREATED LIKE ONE.
I'M ASKING YOU ALL TO NOT RECOMMEND THIS ITEM BASED TODAY BASED ON YOUR RESPONSIBILITY AS A PLANNING COMMISSIONER.
AS STATED IN ARTICLE 10 OF THE CITY CHARTER, THIS IS NOT APPROPRIATE, THE MOST APPROPRIATE USE OF LAND.
THIS IS NOT CONSISTENT WITH PUBLIC INTEREST.
IT DOES NOT IMPROVE PUBLIC SAFETY.
THIS IS NOT HOW WE WANT OUR NEIGHBORHOOD TO GROW.
IT DOES NOT IMPROVING GENERAL WELFARE, AND IT DOES NOT PREVENT OVERCROWDING OR UNDUE CONCENTRATION.
PLEASE VISIT THE SITE, TALK TO NEIGHBORS, GAIN A DEEPER CONTEXTUAL UNDERSTANDING OF THE IMPACT.
YOUR DECISION HERE TODAY WILL HAVE ON OUR COMMUNITY.
[03:35:01]
POSTPONE.THERE'S NO REASON TO RECOMMEND THIS TODAY WITHOUT VISITING THE SITE OR UNTIL WE KNOW HOW DB 90 WILL CHANGE IN THE UPCOMING WEEKS.
POSTPONING WILL GIVE YOU TIME TO LOOK AT THE SITE IN PERSON AND ANALYZE IF IT WARRANTS A TRAFFIC IMPACT ANALYSIS.
IT WOULD BE SAFE, RESPONSIBLE, AND APPROPRIATE THING FOR YOU TO DO TODAY.
UH, THE NEXT SPEAKER IS BEVERLY BROWN JOINING US VIRTUALLY.
BEVERLY, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
UH, THE NEXT SPEAKER IS FRANCIS KIN.
FRANCIS, YOU'LL HAVE THREE MINUTES.
THANK YOU MR. CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION, UH, SERVICE, UH, TO THE CITY OF AUSTIN.
I AM A NEIGHBOR ON HARVEY STREET, AND I OPPOSE THIS ZONING.
TWO REASONS IT'S NOT MERITED AND THE IMPLICATION FOR ZONING ALONG 12TH STREET.
FIRST, ONLY ONE THING HAS HAPPENED IN THE NINE MONTHS SINCE THE ZONING WAS GRANTED TO THIS PROPERTY.
THIS SECTION OF 12TH STREET IS LARGELY RESIDENTIAL SINGLE FAMILY HOMES, DUPLEXES, SMALL CONDO DEVELOPMENTS LIKE THE ONE MY HUSBAND PETE AND I LIVE IN.
ALSO, THREE LOW COST HOUSING DEVELOPMENTS THAT ARE NEARBY AND ON THE SAME STREET.
ANDERSON VILLAGE, I'M SORRY, I'VE HAD COVID IS AT 31 0 1 EAST 12TH.
THIS IS A 24 UNIT CITY OF AUSTIN, FUNDED MULTI-FAMILY COMPLEX FOR RESIDENTS WHO EARN 60% OF MFI.
ANOTHER IS 31 29 EAST 12TH FOR ELDERLY RESIDENTS.
IT WAS DEVELOPED IN PART BY MOUNT ZION BAPTIST CHURCH ON EAST 16TH NEARBY.
SO SOME OF OUR LOW INCOME RESIDENTS, OUR ELDERLY RESIDENTS WILL NOW BE GOING TO, WILL NOW HAVE AN 80 FOOT BUILDING ADJACENT TO THEM.
DO WE NOT HAVE AN OBLIGATION TO OUR LOW INCOME AND VULNERABLE CITIZENS? MY SECOND OBJECTION, THIS ZONING CASE WILL SET A PRECEDENT ALONG THIS SECTION OF EAST 12TH.
THE CORON PROPERTY ACROSS AIRPORT IS ALREADY FOR SALE.
THE SAME FIRM HAS UP A FOR SALE SIGN.
A FEW LOTS AWAY FROM THIS CASE FOR SALE.
SIGNS ARE UP AT 30 10 EAST 12TH AND 30 12 ACROSS THE STREET.
IF THIS DENSITY BONUS IS APPROVED, WHY WOULDN'T SOME OF THESE PROPERTIES BE ASKING FOR INTENSE ZONING AS WELL? THE CHARACTER OF TWO LANE EAST 12TH STREET IS UP FOR GRABS.
MY UNDERSTANDING IS THAT THE CITY COUNCIL IS GOING TO TRY TO GIVE MORE CONSIDERATION TO THE SEE BONING BONUS, SORRY, TO THE DENSITY BONUSES.
SO WHY SHOULD YOU MAKE A DECISION NOW TONIGHT? I ASK THE PLANNING COMMISSION TO EITHER POSTPONE THIS APPLICATION OR RECOMMEND AGAINST IT.
IT IS TOO SOON TO CONSIDER IT GIVEN THE NEW ZONING THAT WAS JUST GIVEN NINE MONTHS AGO.
THE MECHANICS OF DENSITY ZONING HAVE NOT BEEN LAID OUT.
EAST 12TH STREET MOVES THROUGH THE HEART OF THE AFRICAN AMERICAN CULTURE HERITAGE DISTRICT.
THAT'S A QUOTE FROM A STUDY ABOUT THE CITY OF AUSTIN LAST YEAR.
LET'S DON'T REPEAT THE MISTAKES OF THE PAST.
THIS TIME, LET'S TREAT EAST AUSTIN IN THE RESPECTFUL WAY ALL AUSTINITES DESERVE.
CAN I GET A MOTION TO EXTEND THE MEETING PAST 10? COMMISSIONER WOODS, CAN I ASK WHAT YOUR MOTION IS? UH, I MOTION TO EXTEND THE MEETING.
I'LL MOTION TO EXTEND THE MEETING TO 11 O'CLOCK TO A SECOND.
COMMISSIONER JOHNSON, IF NO OBJECTION, THAT ITEM PASSES.
LEMME JUST NOTE MY OBJECTION FOR THE RECORD.
PLEASE SHOW MS. COMMISSIONER MUSH TAYLOR VOTING NOW.
UH, THE NEXT SPEAKER IS ABBY OVITZ.
ABBY, YOU DONATED YOUR TIME, CORRECT? YEAH.
OH, THERE, UH, THE NEXT SPEAKER IS COLIN MCNAMARA.
COLIN, YOU'LL HAVE ONE MINUTE.
[03:40:01]
NO.THAT SOUNDS LIKE, OKAY, NOW WE'RE GOOD.
SO, UH, NAME'S COLIN MCNAMARA.
I'M A RESIDENT OF THE NEIGHBORHOOD OF JASON, THIS PROPERTY.
UM, UM, ON IN SANCHEZ, THE, UM, A COUPLE THINGS HAVE BEEN REALLY GOOD ABOUT WHAT'S HAPPENED ON 12TH STREET.
UH, THE, UH, THE, THE BIKE LANE AND PEDESTRIAN ENHANCEMENTS HAVE BEEN OUTSTANDING.
UM, IT, IT HAS, YOU KNOW, PROVIDED SAFE AND ECOLOGICAL ACCESS TO DOWNTOWN METRO TRAIL SYSTEM.
UM, I PERSONALLY USED IT ON THE 4TH OF JULY.
IT, IT WAS REALLY WONDERFUL TO BE ABLE TO, IN A, IN AN ECOLOGICAL WAY, GET ACCESS TO ALL THE DOWNTOWN SERVICES AND EVENTS.
UM, ALL THAT BENEFIT HAS COME AT A COST TO OUR NEIGHBORHOOD.
UM, AND IT'S A, THERE'S AN ONGOING TRAFFIC ISSUE THAT'S HAPPENING.
UM, AND YOU LOOK AT THE, THE PICTURE UP HERE, I'M NOT USED TO COMING TO THESE MEETINGS.
WE DIDN'T GET MUCH, MUCH, UH, MUCH NOTICE THAT THIS WAS HAPPENING.
BUT WHAT'S HAPPENED IN THIS INTERSECTION, UM, THERE'S A PATTERN THAT HAPPENS WHERE THERE'S SEVERE CONGESTION, UH, VERY SEVERE CONGESTION, INCLUDING, UH, AMBULANCES GETTING STUCK FOR 15, 20 MINUTES.
RIGHT? UM, PERSONALLY IN MY, IN MY PERSONAL EXPERIENCE, I DON'T KNOW HOW I COULD GET AN EMERGENCY VEHICLE THROUGH THIS NEIGHBORHOOD, PROVIDE SERVICES TO OUR RESIDENTS.
UM, I ASK THAT, UM, WE PROVIDE A STUDY AND TRY TO UNDERSTAND THAT HOW SETTING THIS PRECEDENT WILL AFFECT OUR NEIGHBORHOOD AND THE SAFETY OF A RESIDENCE.
UH, THE NEXT SPEAKER IS CRAIG JOHNSON.
CRAIG, YOU'LL HAVE ONE MINUTE.
I LIVE IN MCKINLEY HEIGHTS ON, UH, 14TH AND A HALF STREET.
IT'S A LOT OF THE SAME STUFF YOU'RE HEARING.
UM, THE FIRST PROBLEM I HAD WHEN I HEARD THIS WAS THE LOOK OF THE NEIGHBORHOOD, UH, PRIMARILY RESIDENTIAL.
UH, THE IDEA OF A 90 FOOT STRUCTURE TOWERING OVER ALL OF OUR NEIGHBORS, UH, JUST DOESN'T FIT NO SETBACKS.
UH, THE NEXT CONCERN WAS, WHAT YOU'VE HEARD IS TRAFFIC.
UM, SEEMS LIKE WE DO NEED TO HAVE SOME SORT OF, UH, IN-DEPTH TRAFFIC ANALYSIS BEFORE, UH, THIS SHOULD BE MOVED FORWARD.
UM, EMERGENCY VEHICLES, SAFETY OF, UH, THE PEDESTRIANS, BIKE RIDERS, UM, THE OTHER PROPERTIES THAT ARE OWNED BY COMMERCIAL ENTITIES.
IF THIS PASSES, THEY ARE GONNA COME.
THEN WE HAVE A, YOU KNOW, A ROW OF 90 FOOT BUILDINGS HERE NOW.
UM, THE CONCERN IS FOR THE, UM, NEIGHBORS THAT CHOSE, UH, THE NEIGHBORHOOD.
AND I'M SURE IF YOU ASKED THEM, YOU WOULD HEAR OVERWHELMING OPPOSITION.
UM, THEY'VE ALREADY BEEN GRANTED THIS AND HAVEN'T DONE ANYTHING.
THEY PRESENTED NO SITE, UH, BASED ON THIS ALONE.
THERE SHOULD BE NO REASON TO GRANT THIS.
UH, THE NEXT SPEAKER IS JOINING US VIRTUALLY.
PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
YOU'LL HAVE ONE MINUTE AUGUST.
PLEASE PRESS STAR, STAR SIX AND PROCEED WITH YOUR REMARKS.
UH, MY NAME IS AUGUST AND I'M A RENTER IN THE NEIGHBORHOOD, QUITE CLOSE TO THE PROPERTIES IN QUESTION FOR THIS ITEM.
AND I JUST WANT TO VOICE MY OPPOSITION FOR THE DB 90 ZONING APPLICATION FOR THESE PROPERTIES.
UH, EVEN AS A RENTER WITH ALL THE SAME FINANCIAL STAKES AS MY NEIGHBORS, MY INTERESTS ARE ALIGNED IN A, I JUST WANNA REITERATE SOME OF THE THINGS THAT THEY ALREADY SPOKE ABOUT.
UM, I DON'T THINK THE, UH, AFFORDABILITY, UH, REQUIREMENTS ARE SUFFICIENT ENOUGH.
I THINK, UH, I'M DISTURBED BY THE LACK OF A TRAFFIC IMPACT ANALYSIS AND HOW THAT CAN AFFECT THIS CLOSE-KNIT NEIGHBORHOOD WITH LOTS OF KIDS, LOTS OF PEOPLE WALKING IN THE STREETS.
UM, AND I'M DISTURBED BY THE LACK OF ANY SUBSTANTIAL LIMITATIONS ON SHORT-TERM RENTALS.
UH, AIRBNBS HAVE BEEN KIND OF A NIGHTMARE IN THIS NEIGHBORHOOD.
UH, CASE IN POINT, I HAD A STREET BRAWL OUTSIDE MY HOUSE A COUPLE MONTHS AGO FROM A PARTY AIRBNB ACROSS THE STREET.
THIS IS RIGHT ADJACENT TO A PLACE WHERE TWO, UH, KIDS, UH, WERE SLEEPING.
AND, UH, WITH ALL THIS IN MIND, I THINK JUST MORE WORK NEEDS TO BE DONE TO, UH, LISTEN TO THE COMMUNITY AND BETTER INTEGRATE, UH, WHATEVER DEVELOPMENT IS PROPOSED, UH, FOR THIS NEIGHBORHOOD.
UH, THE NEXT SPEAKER IS VIRGINIA STEINER.
VIRGINIA, YOU DONATED YOUR TIME.
UH, THE NEXT SPEAKER IS SCOTT COLLIER.
SCOTT, YOU'LL HAVE ONE MINUTE AND COMMISSIONERS ONLINE, WE ARE AT SEVEN.
[03:45:01]
HAVE YOUR CAMERA ON, MAKE US FEEL A LOT BETTER.I THOUGHT I HAD THREE MINUTES, BUT, UH, THANK YOU FOR THE OPPORTUNITY TO SPEAK.
I LIVE AT 28 0 3 SAUL WILSON, UH, WITHIN THE NOTICE RADIUS OF THE PROPERTIES.
ABOUT A YEAR AGO, I SPOKE ALONG WITH SEVERAL NEIGHBORS IN OPPOSITION TO THE PROPOSED SPOT ZONING THAT THIS SAME LAND SPECULATOR SOUGHT FOR THESE PROPERTIES DESPITE SUBSTANTIAL OPPOSITION AND THE OWNER PROVIDING NO PLAN FOR WHAT THEY'D BUILD.
IF THE ZONING WAS UH, APPROVED, THE COMMISSION RECOMMENDED COUNCIL APPROVED THE PROPERTY RIGHT TO BUILD UP TO, TO 80 FEET IN VIOLATION OF THE WELL THOUGHT OUT AND AMENDED AND UPDATED ROSEWOOD NEIGHBORHOOD PLAN THAT WE LIVE WITHIN A PLAN.
BY THE WAY, THAT'S A CULMINATION OF HUNDREDS OF HOURS OF EAST AUSTIN COMMUNITY VOLUNTEERS TIME SIGNED INTO LAW BY THEN MAYOR KIRK WATSON, AND WHICH ONLY ONE PERSON ON THE PLANNING COMMISSION CAN SAY THEY'D EVEN READ IN ADVANCE OF A COLLECTIVE DECISION TO CONTRAVE ITS BUILDING REQUIREMENTS.
NOW HERE WE ARE AGAIN WITH THE SAME ATTORNEY REPRESENTING THE SAME PROPERTY OWNER, SEEKING FURTHER ENRICHMENT OF PROPERTY VALUE BY GETTING EVEN MORE EGREGIOUS SPOT ZONING ACCOMMODATIONS.
AGAIN, WITH NO PLAN TO BUILD ANYTHING.
THEY GOT WHAT THEY ASKED FOR AND WITH NO PLAN TO BUILD.
AND HERE WE ARE DEBATING WHETHER THEY GET MORE PROPERTY VALUE, AGAIN WITH NO PLAN FOR A COMMUNITY BENEFIT.
THE NEXT SPEAKER IS PAUL CILLO JOINING US VIRTUALLY.
PAUL, YOU WILL HAVE ONE MINUTE TO SPEAK.
PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
UH, THE NEXT SPEAKER IS LORI GLIDDEN JOINING US VIRTUALLY SPEAKING IN OPPOSITION.
ALEXANDRIA ANDERSON JOINING US VIRTUALLY PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
HI, MY NAME IS ALEXANDRIA ANDERSON.
I'M FROM THE ADJACENT NEIGHBORHOOD ASSOCIATION OF MARTIN LUTHER KING NA.
I'M CALLING IN SUPPORT OF THE MCKINLEY HEIGHTS NEIGHBORHOOD ASSOCIATION TO OPPOSE THIS ZONING.
SOME ISSUES INCLUDE INCREASED TRAFFIC AND THE DESIRE TO HAVE A TRAFFIC IMPACT ANALYSIS DONE THIS EVENING WHILE DRIVING DOWN 12TH STREET BECAUSE I LIVE OFF OF 12TH, 12TH STREET, THERE WAS TRAFFIC BACKED UP ALMOST FOUR BLOCKS GOING WEST.
AND WHEN THE AMBULANCE WAS TRYING TO COME DOWN THE STREET, THERE WAS A CHALLENGE WITH IT GETTING THROUGH TRAFFIC BECAUSE CARS DID NOT HAVE A SPACE TO PULL OVER DUE TO THE UPDATED TRAFFIC MODIFICATION BIKE AND PEDESTRIAN SAFETY IS A CONCERN.
AND THIS BUILDING WILL BE A DANGEROUS PRECEDENCE ON 12TH STREET, A TWO LANE STREET AND FOR THE QUALITY OF LIFE OF THE INDIVIDUALS THAT LIVE IN THIS AREA.
IMPLICATIONS OF THIS EIGHT STORY BUILDING ON 12TH STREET IN THE RESIDENTIAL AREA ON A NARROW TWO LANE ROAD, LESS THAN A MILE AWAY.
THERE IS ANOTHER DEVELOPMENT THAT IS BEING BUILT OFF OF 12TH AND SPRINGDALE WITH APPROXIMATELY 600 UNITS.
12TH STREET IS A LEVEL TWO AS P SINGLE STREET FAMILY HOME AND DOES NOT SUPPORT THAT A TIME.
ALEXANDRA, THANK YOU FOR YOUR COMMENTS.
THANK YOU HANNAH LUCIO JOINING US VIRTUALLY.
UM, CARRIE RUTLEY JOINING US VIRTUALLY RICKY WILLIAMS JOINING US VIRTUALLY.
UM, THAT CONCLUDES THE SPEAKERS ON THIS ITEM.
AND NOW WE'LL GO TO APPLICANT REBUTTAL.
UH, MICHAEL WAYLON ON BEHALF OF THE APPLICANT.
UH, THE NOTHING'S CHANGED, UH, ABOUT THIS CASE WITH THE ONE EXCEPTION OF FEEDBACK FROM THE STAFF INDICATING THAT THE CONDITIONAL OVERLAY WE DID APPLY AS, UH, WAS NOTED IN OUR APPLICATION TO SEEK THE SAME CONDITIONS THAT THIS GROUP APPROVED UNANIMOUSLY.
AND THAT, AS MR. PAGE REFERENCED, TOOK HOURS AND HOURS OF WORK WITH THE NEIGHBORHOOD AND SOME BACK AND FORTH.
THEY'RE ALL IN THERE, ALL OF 'EM.
THE DECREASED IMPERVIOUS COVER AND ALL THE USES ON THE VERY FIRST PAGE ARE ALL THE CONDITIONAL USES THAT WE HAD AGREED TO PROHIBIT OR TO CONDITION.
THE ONLY THING THAT IS DIFFERENT IS THE HEIGHT LIMIT BECAUSE WE WERE TOLD THAT THAT WAS ONE THAT WE COULD NOT INCLUDE IN A DB 90 OVERLAY.
IF Y'ALL WANNA INCLUDE IT, FINE, YOU CAN READ THE STAFF REPORT, THE STAFF'S INDICATING ON THE SECOND PAGE OF THEIR REPORT THAT IT'S SOMETHING THAT WILL NOT APPLY IF THE DB 90 DISTRICT IS APPLIED.
SO WE'RE, WE'RE PREPARED TO PROCEED WITH THE CONDITIONS THAT WE HAD OFFERED ORIGINALLY.
WE DON'T VEER FROM THAT COMMITMENT OR THE COMMITMENTS THAT ARE IN THE LETTER THAT MR. PAGE HANDED YOU.
NONE OF THOSE ARE ANYTHING THAT ARE GONNA CHANGE
[03:50:01]
AS TO THIS CASE AND WHY IT'S HERE.IT'S BECAUSE THESE CASES WERE INITIATED BY THE CITY COUNCIL.
YOU CAN GO BACK AND LOOK AT PART FIVE OF THE DB 90 ORDINANCE.
THIS CASE WAS INITIATED BY C CITY COUNCIL BECAUSE THE VMU TWO ORDINANCE THAT WE WERE RELYING ON, WHICH IS THE ONLY REASON BY THE WAY, THAT THERE WOULD'VE BEEN A CONDITIONAL OVERLAY LIMITING THE HEIGHT THAT WAS INVALIDATED, WHICH IS WHY WE'RE HERE BECAUSE THE CITY COUNCIL INITIATED THESE CASES.
IT DID REQUIRE US TO FILE IT, BUT IT IS EXPLICITLY INITIATED BY THE CITY, UH, TO, TO PROCEED WITH THESE CASES.
SO AGAIN, I WOULD EMPHASIZE AND I THOUGHT THE REPORT DID A GREAT JOB.
I THINK AT PAGE SEVEN OF THE BACKUP, IDENTIFYING ALL THE DIFFERENT THINGS THAT ARE WITHIN 0.07 MILES OF THE, OF AIRPORT BOULEVARD 0.02 MILES FROM A BUS STOP, 0.4 MILES FROM A SUPERMARKET, 0.5 MILES FROM AN ELEMENTARY SCHOOL, 0.5 MILES FROM THE ENTRANCE TO DOWNFIELD, THE ENTRY OF BOGGY CREEK GREENBELT MEDICAL CLINICS, CLINICS WITHIN 0.5 MILES AND A LIBRARY WITHIN 0.5 MILES.
ALL THINGS THAT YOU WOULD WANT FOR, UH, HOUSING, FOLKS IN HOUSING TO BE ABLE TO ENJOY JUST AS ALL THE SPEAKERS WHO HAVE YOU, YOU'VE HEARD TODAY ALSO HAVE THAT SAME OPPORTUNITY YOU ENJOY.
IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? COMMISSIONER AZAR SECOND COMMISSIONER WOODS? NO OBJECTION.
LET'S MOVE HIM TO ROUND ROBIN.
ANY COMMISSIONERS CARE TO ASK ANYONE ABOUT? OKAY.
COMMISSIONER COX AND THEN COMMISSIONER MTOW.
PARDON? I MEAN, DO WE CLOSE THE PUBLIC HEARING? YES.
WE JUST CLOSED THE PUBLIC HEARING.
UM, I I'M, I'M STARTING TO UNDERSTAND, UH, SOME OF THE FEEDBACK THAT WE'RE GETTING ABOUT THE ONSLAUGHT OF, UH, DB 90 CASES, UM, PARTICULARLY IN EAST AUSTIN.
UM, I AM A LITTLE BIT SURPRISED, SO I DID NOT VOTE FOR THE PREVIOUS VMU TWO.
SO WHATEVER THAT VOTE WAS, THAT'S GREAT.
BUT, BUT I WAS NOT ON THE DAAS FOR THAT.
UM, I WHAT ARE THE LIMITATIONS THAT WE'RE APPLYING FROM A PLANNING PERSPECTIVE ON CS DB 90 CASES? BECAUSE I I WE, WE JUST APPROVED A CS DB 90 CASE FOR A VERY LARGE PARCEL THAT'S IN THE MIDDLE OF AN, OF, OF A RESIDENTIAL NEIGHBORHOOD WITH MOSTLY SINGLE FAMILY HOMES.
UH, WE TALKED ABOUT CS DB 90 CASES ON MUCH LARGER STREETS NEAR, UH, HIGHWAYS AND STUFF.
AND NOW WE'RE LOOKING AT A CSDB 90 CASE ON A MEDIUM SIZED TO SMALLER PARCEL ON 12TH STREET THAT'S ADJACENT TO BASICALLY SINGLE FAMILY HOMES AND VERY SMALL RESIDENTIAL STRUCTURES.
UM, WHAT IS STAFF APPLYING AS FAR AS THE LIMITATIONS OF WHAT CSDB 90, UH, UH, THE APPROPRIATENESS OF THAT, OF THAT ZONING CATEGORY? MARCEL BOUDREAUX PLANNING DEPARTMENT STAFF.
UM, I, I MAY HAVE TO REPHRASE THE QUESTION, SO CAN YOU HEAR ME? YEAH.
UH, I'M JUST TRYING TO UNDERSTAND IF THERE'S ANY LIMITATIONS THAT STAFF IS APPLYING TO RECOMMENDING CS DB 90 ZONING CASES.
'CAUSE EVERY SINGLE CASE THAT'S BEEN BEFORE US WITH CS DB 90, EVEN THOUGH THEY'VE BEEN SMACK DAB IN THE MIDDLE OF SINGLE FAMILY NEIGHBORHOODS, OR IN THIS CASE ON EAST 12TH STREET AMONGST VERY LOW DENSITY RESIDENTIAL, I'M JUST TRYING TO FIGURE OUT WHAT THE LIMITATIONS OF CSDB 90 IS.
MARCEL RUGER DEPARTMENT STAFF AGAIN, UM, I'M NOT SURE I'M GONNA BE ABLE TO ANSWER THAT QUESTION HOLISTICALLY, UM, AS I HAVE NOT WORKED ON ALL OF THOSE CASES AND DON'T HAVE A ANALYSIS.
UM, I WILL SAY WITH THIS PARTICULAR SITE, IT IS SURROUNDED BY CS ZONING AS WELL AS MF ZONING.
UM, SO THERE ARE SOME MULTIFAMILY APARTMENTS NEARBY, SOME KIND OF ADMINISTRATIVE BUSINESS USES AS WELL AS SOME, AS SOME SINGLE FAMILY USES.
BUT THERE ARE MULT, THERE ARE MULTIFAMILY USES SURROUNDING, UM, THIS PARTICULAR SITE.
YEAH, MF MF THREE, WHICH IS KIND OF ONE OF THE LOWEST DENSITY MF ZONING IS ADJACENT.
I, I JUST, I'M JUST A LITTLE CONFUSED BECAUSE SOME OF THESE CSDB 90, UH, RECOMMENDATIONS FROM STAFF ARE A LITTLE SURPRISING TO ME.
SO, SO IT JUST, IT, SO IT SOUNDS LIKE IF THERE'S ANY MF AROUND THEN CSDB 90 IS TYPICALLY CONSIDERED TO BE APPROPRIATE.
WELL, I WILL SAY ALSO THIS CASE HAD RECEIVED THE ZONING FOR VM U2 LATE LAST YEAR.
[03:55:01]
ALONG THOSE SAME PRINCIPLES, THE DB 90 ORDINANCE WAS CREATED, UM, TO SOME DEGREE TO, UM, YOU KNOW, CREATE A NEW OPTION FOR A DENSITY BONUS PROGRAM THAT WOULD ALLOW FOR AFFORDABLE HOUSING WITH SOME RELAXED DEVELOPMENT STANDARDS.SO DID, DID STAFF, I, I DON'T, DID STAFF, UH, RECOMMEND THAT VM TWO CASE? I, I'M NOT FAMILIAR WITH THAT CASE.
IT WAS THIS PARTICULAR SITE THAT RECEIVED THE VMU TWO REZONING OR VMU REZONING LATE LAST YEAR IN SEPTEMBER.
AND WAS THAT STAFF'S RECOMMENDATION AT THAT TIME? YES.
THAT RUMBLING OF FORCE WAS COMMISSIONER ANDERSON GIVING ME THE CHAIR.
SO, UH, BUT HE PROMISED THAT ALL I COULD DO WAS RECOGNIZE COMMISSIONER AL TO GO NEXT.
I DON'T, OH, HE, I GUESS HE THOUGHT YOU HAD QUESTIONS NEXT.
OH, I DID TO COMMISSIONER COX THAT WAIT, WAIT.
COMMISSIONER COX COVERED MY QUESTIONS.
SO WE HAVE THE NEW GUY CHAIRING OUR MEETING.
IS THAT WHAT I UNDERSTAND? THAT WAS THAT, WAS THAT RUMBLE IN THE COURSE? HE'S NOT GUY ANYMORE.
THIS COULD GET OFF THE RAILS QUICK, BUT COMMISSIONER JOHNSON? NO, WHAT I BELIEVE YOU HELP YOU ALONG.
WE'RE AT THE Q AND A AND I BELIEVE COMMISSIONER JOHNSON, DID YOU HAVE MR. JOHNSON IS NEXT I'LL, I'LL JUST ASK RANDOM QUESTIONS TILL GREG GETS BACK.
UM, I DID HAVE A QUESTION FOR STAFF JUST TO, TO CLARIFY.
SO THE CURRENT ZONING ON THE PROPERTY IS C-S-M-U-V, UH, WHICH, AND CORRECT ME IF I'M WRONG, BUT I UNDERSTAND THAT HAS A 60 FOOT HEIGHT LIMIT THE CO NOTWITHSTANDING, WHAT DOES THE V DESIGNATION DO? UN UNDER CURRENT ZONING, BUT IS THAT SAYING THAT THE APP, THE PROPERTY OWNER WOULD BE ALLOWED TO DEVELOP A MIXED USE MULTIFAMILY AND COMMERCIAL BUILDING UP TO 60 FEET HIGH UNDER, UNDER CURRENT ZONING? IS THAT CORRECT? CORRECT.
JOY HARDEN ZONING OFFICER, UM, I THINK YOU SAID THE CURRENT ZONING IS CSV.
UM, SO THE VM U2 ORDINANCE THAT WAS INVALIDATED BY THE COURTS DID ALLOW UP TO 30 FEET, UM, FROM THE BASE ZONING.
SO IT WOULD HAVE THE 60 FEET OF HEIGHT EXCEPT THIS DID HAVE A PREVIOUS CO OF 40 FEET.
UM, BUT IT WAS GIVEN CSV SO THAT WOULD BE ALLOWED TO HAVE THE 60 FEET OF HEIGHT.
AND THAT WOULD BE, THAT WOULD, THAT ALLOWS FOR A MIX OF COMMERCIAL AND RESIDENTIAL USAGE, A MIX OF COMMERCIAL.
AND IF YOU DEVELOP TO THE B STANDARDS, YOU WOULD HAVE TO PROVIDE AFFORDABILITY.
SO THE, THE, THE REAL SORT OF FUNCTIONAL DIFFERENCE BETWEEN CURRENT ZONING ON THIS SITE AND DB 90 IS THAT UNDER DB 90 YOU COULD DEVELOP A SIMILAR PROJECT 30 FEET UP TO 30 FEET TALLER UP TO 30 FEET TALL WITH AFFORDABILITY AND HAVE SLIGHTLY DIFFERENT AFFORDABILITY REQUIREMENTS.
ANY MORE? COMMISSIONERS? COMMISSIONER HAN? THANK YOU MR. CHAIRMAN.
AND I, I'M SORRY I MISSED YOUR NAME.
JENNY, CAN YOU COME UP PLEASE? UM, AND I ONLY HAVE A FEW MINUTES SO YOU DON'T GET WHOLE REBUTTALS.
YOU, YOU BOTH TOLD ME WHAT YOU WERE AGAINST.
I WAS, I'M VERY CLEAR WHAT YOU'RE AGAINST.
YOU HEAR ME? UM, NO, WE DO WANT MORE DEVELOPMENT IN OUR AREA.
WE DO HAVE A CONDITIONAL OVERLAY REGARD WITH THE ROSEWOOD NEIGHBORHOOD PLAN OF UP TO 40 FEET.
UM, WE'RE WILLING TO NEGOTIATE ON THAT.
HOWEVER, WAIT, THEY HAVEN'T DEVELOPED, THEY'VE HAD THIS FOR A YEAR.
THEY ALSO SAID THEY DON'T HAVE ANY PLANS TO DEVELOP.
SO WHAT'S BEING, WHAT'S BEING OFFERED IS NOT AFFORDABLE.
UH, THEY ACTUALLY DIDN'T APPLY FOR VMU TWO.
UM, THEY GOT ADDITIONAL ENTITLEMENTS OUT OF THE REMOVAL OF COMPATIBILITY WHEN IT CHANGED.
UM, WHAT WE DO WANT IS HEALTHY DEVELOPMENT THAT PROVIDES NEEDED COMMUNITY RETAIL ACTUALLY, YOU KNOW, SOMEONE CONSTRUCTING.
AND IDEALLY WE WANT A GOOD MIX OF HOUSING THAT ENABLES EXISTING RESIDENTS IN OUR CENSUS TRACT TO LIVE IN THOSE SPACES.
[04:00:03]
D ALRIGHT.DB 90 ALSO CHANGES COMPATIBILITY AND SETBACKS.
SO THOSE ARE MAJOR THINGS THAT ALSO CHANGE OUTSIDE OF VMU AND DB 90, MR. WILEY DB 90 BARE AS HE COMES UP.
DB 90 BARELY CHANGES THE AFFORDABILITY LEVELS ON THIS.
YOU COULD GO FROM 60, WHICH IS ALREADY SET BY THE NEIGHBORHOOD TO STAYING AT 60 AND 2% DIFFERENCE MAYBE ADDS ONE UNIT LOPSIDED TRADE OFF.
AND, AND DID I HEAR YOU CORRECTLY SAY THAT, THAT YOU WOULD BE WILLING TO PUT IT IN THE CO HEIGHT LIMITS IT IF IT'S ALLOWED IT? THAT WAS IN OUR ORIGINAL APPLICATION.
IT'S, IT'S A LITTLE, IT BELIES WHAT REALLY HAPPENED.
WHEN, WHY WOULD WE HAVE HAD A CONDITIONAL OVERLAY FOR 80 IF IT WEREN'T THE CASE THAT EVERYBODY EXPECTED THE VMU TWO TO APPLY, WHICH IT DID AT THE TIME, IT APPLIED AUTOMATICALLY, WHICH IS WHY THERE WAS THIS NEGOTIATION, WHICH REACHED THE CONDITIONAL OVERLAY OF 80.
I'M JUST, IT JUST LOOKS LIKE IT'S, IT'S SOMETHING THAT MAY NOT LEGAL MAY NOT ALLOW TO BE DONE, WHICH IS ALL I, I DON'T KNOW WHY IT'S NOT BEING ALLOWED.
I'M FI I'M FINE IF Y'ALL WANNA DO THAT.
IT'S WHAT WAS IN OUR ORIGINAL APPLICATION.
AND MR. CHAIRMAN, I WOULD LIKE TO, UH, DO WE HAVE LEGAL ON THE LINE TO ANSWER THAT QUESTION? YOU'RE WELCOME TO ASK STAFF THAT QUESTION.
UM, I WILL ASK STAFF THAT QUESTION.
WHY, WHY CAN'T, IF, IF WE HAVE NEIGHBORHOOD RESIDENTS HERE, WE HAVE AN APPLICANT HERE.
I'M, I'M NOT SAYING THERE'S AGREEMENT.
I'M NOT, I'M NOT PUTTING THOSE WORDS INTO EITHER ANY OF YOUR MOUTHS, BUT WE'RE CLOSE HERE.
WHERE'S THE FLEXIBILITY THAT WE ADVOCATE FOR IN ALL OTHER AREAS? SO CLOSE TIME'S RUNNING NOW ASK QUESTION.
SORRY TO BE THE BEAR OF BAD NEWS, I'M ERIC THOMAS WITH THE PLANNING DEPARTMENT.
UM, BUT THE DB 90 ORDINANCE EXPLICITLY SAYS THAT, UM, A A THE DENSITY BONUS REGULATIONS, UM, SUPERSEDE ANY CONFLICTING PROVISION AS THEY RELATE TO SITE DEVELOPMENT REGULATIONS.
WHERE IN, IN VM U2, UM, THAT LANGUAGE WAS NOT EXPLICIT.
SO WHILE IT MAY HAVE BEEN THE INTENT WITH VM U2 TO NOT ALLOW HEIGHT TO BE RESTRICTED THROUGH THE USE OF A CONDITIONAL OVERLAY, GIVEN THE WAY IT WAS WRITTEN, UM, THE HEIGHT WAS ALLOWED TO BE RESTRICTED THROUGH AT LEAST THIS ONE CONDITIONAL OVERLAY.
I I UNDERSTAND THAT'S THE CASE FOR REGULATIONS, BUT WE'RE TALKING ABOUT A CONDITIONAL OVERLAY HERE, WHICH IS A PRIVATE CONTRACT BETWEEN MUL EITHER TWO PARTIES OR MULTIPLE PARTIES.
NEITHER ONE OF US ARE A LAWYER AND I BELIEVE THOUGH IN TEXAS PRIVATE CONTRACT LAW WOULD APPLY AND WOULD OVERRULE, UH, SO I'M A LAWYER.
I THINK YOU'RE REFERRING TO, UH, A RESTRICTIVE COVENANT.
SO CONDITIONAL OVERLAY IS ACTUALLY PART OF PUBLIC ZONING.
SO IT'S MUCH MORE ACCESSIBLE FOR ANYONE WHO'S LOOKING AT THE ZONING TYPOLOGY.
I WILL SAY THERE'S NOTHING IN THE DBI 90 ORDINANCE THAT PROHIBITS AN A APPLICANT FROM DE CONFLICTING THEIR OWN PROVISIONAL CONFLICTION.
SO AS WE ALWAYS ADVOCATE FOR FLEXIBILITY FOR DEVELOPERS, WHY NOT PUSH FOR SOME FLEXIBILITY HERE? IT'S NOT PROHIBITED.
WHAT DOES LAW HAVE TO SAY ABOUT THAT? THANK YOU.
YEAH, I'M KIND OF FOLLOWING UP ON THOSE LINES.
'CAUSE MY QUESTION IS, I GUESS TO STAFF WHAT HAPPENS IF WE DO NOTHING ON THE ZONING CASE? I'M TRYING TO UNDERSTAND WHY THIS IS COMING BACK THROUGH.
IT DOESN'T SOUND LIKE THIS WAS A VMU TWO CASE PREVIOUSLY THAT THIS IS THE QUESTION'S COMING UP.
I WAS LIKE, WAIT, WHERE'D TO GO?
PREVIOUSLY THEY, THE SITE WAS, UH, REZONED TO, UH, C-S-M-U-V-C-O-N-P.
UM, AT THAT POINT, THE PROJECT COULD HAVE TAKEN ADVANTAGE OF THE VM U2 DENSITY BONUS OPTIONS.
SO THE DEVELOPER COULD HAVE A BASE HEIGHT OF 60 FEET AND THEN UP TO AN ADDITIONAL 30 FEET.
BUT THEY DIDN'T, THEY DIDN'T DO A VMU TWO.
THIS ISN'T A VMU TWO CASE THAT HAS TO BE REZONED.
WHY CAN'T IT STAND AS IT IS? IT WAS, THE SITE WAS REZONED SEPTEMBER OF LAST YEAR, IN DECEMBER OF LAST YEAR.
SO JUST TWO MONTHS LATER, THREE MONTHS LATER, THE COURTS DID INVALIDATE THAT VM U2 DENSITY BONUS OPTION.
SORRY, LET, LET'S TRY THIS AGAIN.
YOU TOLD ME IT WAS NOT A VM U2 DESIGNATION.
[04:05:01]
I'M SORRY, I'M GETTING CONFUSED AS WELL.SO IT HAS THE C-S-M-U-V-C-O-N-P WITHIN THE CODE, THERE ARE TWO TIERS FOR VMU PROJECTS.
VM U2 WAS THE OPTION THAT WOULD'VE ALLOWED A DENSITY BONUS PROJECT.
SO THE 60 FEET PLUS AN ADDITIONAL 38.
AND THAT WAS OPTION, THAT WAS OPTION WAS IN VALIDATED.
THE DEVELOPER DIDN'T ASK FOR THAT OPTION.
AND LIKE I CAN HAVE, OH, SORRY.
IT LOOKS TO ME LIKE NEITHER DID THE DEVELOPER NOR THE NEIGHBORHOOD WANTS TO BE THERE.
COULD WE HAVE THE APPLICANT MAYBE STATE WHAT THEIR INTENT WAS? UM, JUST SO WE CAN HAVE THAT ON RECORD.
I JUST THINKING WE DON'T NEED TO BE HERE.
NO, I MICHAEL WHALEN ON BEHALF OF THE APPLICANT.
WE SOUGHT VM U2 VMU AND VM U2 VM U2 WAS AUTOMATICALLY ASSIGNED.
IF YOU GOT VMU, WHICH IS THE VERY REASON WHY THERE WAS A, WHY WOULD THERE HAVE BEEN COMMISSIONER A CONDITIONAL OVERLAY LIMITING IT TO 80 FEET.
BUT FOR THE FACT THAT WE WERE UTILIZING THE VMU TWO, JUST ASK YOURSELF.
THAT'S BECAUSE IT WAS AUTOMATICALLY APPLIED AND WE HAD ACCESS TO IT.
WE U WE WERE GONNA UTILIZE IT EXCEPT TWO MONTHS LATER, BOOM.
AND THEN THE CITY, AS I JUST NOTED IN PART FIVE OF THE DB 90 ORDINANCE INITIATED REZONING OF THOSE CASES THAT WERE SEEKING THE VMU TWO OR THAT ACTUALLY ALREADY HAD THE VMU TWO APPLIED TO THEM.
SO DID, WAS THERE AT ANY POINT IN TIME THAT THIS CASE HAD VMU TWO ACTUALLY APPLIED TO IT? IT DOESN'T SOUND LIKE THAT.
IT, IT HAD, IT APPLIED TO IT ON, UH, SEPTEMBER OF 2023.
WHEN CITY COUNCIL VOTED, UH, UNANIMOUSLY IN FAVOR OF THE, UH, VERTICAL MIXED USE SONY.
'CAUSE THERE WAS A CONDITIONAL OVERLAY AT THE TIME WE HAD 80 FEET.
ANY OTHER COMMISSION SPEAK? I GOT YOU.
COMMISSIONER TAYLOR, ANY OTHER COMMISSIONERS THAT HOPE TO SPEAK ON THIS ITEM? ANY QUESTIONS? OKAY.
IS THERE A MOTION COMMISSIONER ZA CHAIR.
I'M GONNA MOVE WITH, UH, STAFF RECOMMENDATION.
IS THERE A SECOND? MR. MAXWELL? MR. NAZAR, WOULD YOU LIKE TO SPEAK TO YOUR MOTION? SURE, I'LL, I'LL SPEAK TO IT ON SORT OF MULTIPLE DIFFERENT PLANS.
ONE, I THINK I ACTUALLY AGREE WITH SOME OF THE CONVERSATION ON THE PREVIOUS L-I-P-D-A CASE, ALTHOUGH I KNOW THE HEIGHT WAS DIFFERENT.
WE'RE NOW, I'M, I'M GONNA TRY NOT TO GET ON A SOAPBOX AT THIS HOUR, BUT I DO WANNA SAY WE ARE LITERALLY, THIS IS ZONING HELL, AND I HATE TO SAY IT, BUT WE AS A COMMUNITY HAVE CREATED THIS FOR OUR OWN SELVES.
YOU KNOW, WE, WE WERE HEARING WHY ARE PEOPLE DOING INDIVIDUAL CASES? WELL, WE TRY TO DO COMPREHENSIVE MAPPING THAT WAS INVALIDATED.
UM, THEN WE'RE TOLD WHY ARE WE DOING THIS DB 90 IF VM U2 WAS A THING, WELL VM U2 WAS INVALIDATED.
WELL, I'M NOT GONNA BE SURPRISED IF IN THE FUTURE SOMETHING ELSE WILL GET INVALIDATED AND WE WILL SIT FOR HOURS TRYING TO FIX THAT ISSUE AT THAT TIME.
BUT PART OF THE CHALLENGE THAT WE'RE FACING HERE IS WE HAVE AN APPLICANT WHO HAD THE ABILITY TO BUILD UP TO 90 FEET BACK THEN THEY STILL ARE ASKING FOR THE SAME THING, AND WERE ESSENTIALLY TRYING TO GIVE THEM THE SAME EQUIVALENT ZONING THAT THEY WOULD'VE HAD PRE INVALIDATION.
THE ONLY DIFFERENCE IS THAT THERE IS AN 80 FOOT, UH, HEIGHT CO THAT THEY WERE ALLOWED TO DO AT THE TIME WHERE WE WERE ALLOWED TO DO AS A CONDITION OF ZONING.
AT THE TIME OR THE WAY THE, UH, DRAFT ORDINANCE IS DONE, DB 90 DOES NOT ALLOW US TO DO IT AS A CONDITION OF ZONING TO WHAT COMMISSIONER HAYNES YOU WERE SAYING, CAN THEY HAVE THE ABILITY TO HAVE A PRIVATE AGREEMENT BETWEEN PARTIES? SURE.
AND THAT'S SOMETHING THAT WE AS A COMMISSION AND THE CITY HAS NOTHING TO DO WITH, AND BODIES CAN CONTINUE WITH THAT.
BUT WHAT WE HAVE IN FRONT OF US IS WHETHER WE BELIEVE THAT THIS SITE THAT WAS PREVIOUSLY ALLOWED TO GO TO 90 FEET, SHOULD IT BE ALLOWED TO GO TO 90 FEET TODAY.
AND SINCE WE HAVE BEEN TOLD THAT THERE WE CANNOT HAVE A CO THAT LIMITS HEIGHT AT A CERTAIN DEGREE AS PART OF THIS ORDINANCE, THEN HERE WE ARE.
SO REALLY AT THIS POINT, OUR ONLY OPTION IS TO EITHER ALLOW THE 90 FEET OR NOT.
AND CONSIDERING THAT THAT WAS SOMETHING THAT THEY HAD THE RIGHT TO DO PREVIOUSLY UNDER PREVIOUS ORDINANCES, I DO THINK IT MAKES SENSE FOR US TO CONTINUE AT THIS TIME AND MAKE SURE THAT THE APPLICANT HAS THAT ABILITY IN ADDITION TO THE FACT THAT WHAT WE ARE TALKING ABOUT DOES HAVE A HIGHER STANDARD FOR AFFORDABLE HIGH HOUSING, HIGHER STANDARD FOR DESIGN, HIGHER STANDARD FOR OTHER KINDS OF BENEFITS AND WALKABILITY.
AND SO IT IS SOMETHING THAT WOULD ACTUALLY BENEFIT OVERALL PLANNING PRINCIPLES AS WELL.
THANK YOU COMMISSIONER SPEAKER AGAINST COMMISSIONER MUSH.
TAYLOR? NO, REALLY ADAMANTLY AGAINST, I'M JUST KIND OF EX AGAINST THE SITUATION AND I I HOPE THAT, YOU KNOW, IF THIS MOVES FORWARD WITH THIS ZONING
[04:10:01]
THAT, YOU KNOW, WE WORK WITH, WITH THIS DEVELOPMENT TEAM AND REPRESENTATION A LOT, THAT THEY JUST HOLD TO THE DEVELOPMENT PLANS THAT THEY ORIGINALLY WORKED ON IN GOOD FAITH AND UNDERSTAND THAT THE WAY THIS UNFOLDED WAS PROBLEMATIC AND GOT US HERE TODAY.AND IT, IT DOESN'T BOTHER ME SO MUCH THAT YOU HAVEN'T STARTED ON THE DEVELOPMENT NOW BECAUSE IT ALL ENDED UP IN COURT.
UM, BUT TO THE POINT THAT COMMISSIONER AZAR WAS MAKING THAT WE'VE TRIED THIS WAY, WE'VE TRIED THAT WAY, THAT HASN'T WORKED.
I WOULD LOVE TO TAKE THIS NEGATIVE OPPORTUNITY TO RESTATE, UM, NEIGHBORHOOD AREA PLANNING.
THAT'S WHY WE HAVE THESE MBAS.
THAT'S WHY WE HAVE THESE THINGS SO THAT WE CAN DO THINGS THAT MAKE SENSE IN THE AREAS AND GIVEN THE TOPOGRAPHY AND THE GEOGRAPHY AND ALL OF THE OTHER CHALLENGES WE'RE WORKING WITH, THIS REALLY WAS KIND OF WHAT WAS PROMISED TO US IN A NOT TOO LONG AGO ELECTION.
WE'RE STILL WAITING AND WE'RE STILL WAITING ON SOME OF THE ZONING TOOLS WE'VE TRIED SPITTING UP THAT WE NEED TO COME BACK DOWN TO US SO WE CAN DO REASONABLE THINGS.
SPEAKER FOUR AGAINST COMMISSIONER COX.
I'LL JUST OFFER A SIMPLE OPPOSITION THAT I DON'T, I MEAN, WHETHER 90 FEET WAS ALLOWED BEFORE OR NOW OR IN THE FUTURE OR BEFORE TIME, I JUST DON'T THINK IT'S APPROPRIATE THE SITE.
THAT'S WHY I'M OPPOSED TO IT THAT THANK YOU COMMISSIONER FOUR.
YEAH, I JUST WANNA ECHO WHAT COMMISSIONER AZAR SHARED WITH US EARLIER AND ALSO SAY THAT I DO APPRECIATE THE APPLICANT AND ALL OF THE NEIGHBORHOOD FOLKS DISCUSSING THIS AND TRYING TO WORK AROUND IT BECAUSE OBVIOUSLY WE ARE IN A DIFFERENT PLACE THAN WE WERE LAST YEAR WHEN WE APPROVED THIS.
AND I, I UNDERSTAND WHEN THESE CASES COME BACK, THERE ARE NEW COMPLEXITIES AND NEW THINGS WE'RE TRYING TO WORK THROUGH AND I DO ALSO WANNA SHOW SOME APPRECIATION TO OUR STAFF WHO ARE TRYING TO BOTH RECOGNIZE WHAT WAS APPROVED BEFORE AS WELL AS WORK WITH THIS NEW REALITY.
AND I KNOW IT'S PUTTING EVERYBODY IN A VERY DIFFICULT POSITION AND, BUT I DO FEEL LIKE THAT THE RIGHT THING TO DO HERE IS TO GO AHEAD AND MOVE THIS FORWARD AND SAY, PLEASE, PLEASE STRONGLY CONSIDER HOW WE CAN GET THAT SOME SORT OF HIGH CAP BACK IN THERE BECAUSE THAT REALLY SEEMS IMPORTANT TO THE NEIGHBORHOOD.
THANK YOU COMMISSIONER AGAINST COMMISSIONER HAYNES.
UH, COMMISSIONER SKIDMORE, IF YOU'D LIKE TO VOTE, PLEASE TURN YOUR CAMERA ON, UH, FOLKS OR AGAINST OKAY.
ON THE SCREEN, IF YOU WOULD, RAISE YOUR HAND UP HIGH WITH YELLOW, GREEN, OR RED.
I DO BELIEVE, LET'S SEE, COMMISSIONER.
OKAY, RED IS RED BE THAT ITEM FAILS WITH COMMISSIONER COX.
AND MAXWELL, I DO BELIEVE THAT'S GREEN, CORRECT? COMMISSIONER MAXWELL? YEAH.
I DO BELIEVE THAT ITEM BAILS WITH COMMISSIONER COX VOTING NO.
AND COMMISSIONER, WHAT HAPPENED THERE? OKAY, THAT WAS SIX.
EVERYONE ON SCREEN THROW ALL THOSE ITEMS BACK UP, BUT PUT 'EM IN THE CAMERA.
JUST PUT THOSE ITEMS WAIT FORWARD.
WHAT DO WE GOT HERE? OKAY, SO THAT'S WHY YOU'RE SAYING SIX, INCLUDING ME.
CHAIR, I WOULD LIKE TO MAKE A MOTION THAT WE POSTPONE THIS ITEM TO OUR NEXT MEETING.
NO, THAT, THAT, MR. CHAIRMAN, THAT MOTION'S OUT OF ORDER AND I WILL GO TOE TO TOE WITH MY FORMER PARLIAMENTARIAN THAT, THAT MOTION, THAT VOTE, NOTHING HAS PASSED.
UM, BUT THAT, THAT THE VOTE THAT WE JUST TOOK, UH, ENDS THE DEBATE ON THAT MOTION.
I'M GONNA LOOK TO THE PARLIAMENTARIAN ON THAT ONE.
I I'M GONNA AGREE WITH COMMISSIONER HANS ON THIS ONE.
OKAY, THEN WE'RE MOVING ON TO ITEM 22.
IT JUST GOES WITHOUT A RECOMMENDATION, THAT'S ALL.
[22. Appeal: HR-2024-047998; PR-2024-043549 - 1107 E. 10th St., Bldg. 2; District 1]
MS. CORONA, IF YOU DON'T MIND IF YOU'D MC THIS PUBLIC HEARING.[04:15:03]
THANK YOU.UH, SOMETHING A LITTLE BIT DIFFERENT.
CALL CONTRERAS PLANNING DEPARTMENT ITEM 22.
HR 2 2 4 0 4 7 9 9 8 IS AN APPEAL OF A CERTIFICATE OF APPROPRIATENESS GRANTED BY THE HISTORIC LANDMARK COMMISSION FOR UPDATES TO AN APPROVED A DU DESIGN AT 1107 EAST 10TH STREET.
THIS PROPERTY IS IN THE ROBERTSON, STEWART AND MAYOR HISTORIC DISTRICT AND HLC APPROVAL IS REQUIRED FOR NEW CONSTRUCTION WITHIN DISTRICT BOUNDARIES.
THE NEIGHBORHOOD IS APPEALING THE LCS APPROVAL OF THE NEW DESIGN BECAUSE THEY DO NOT BELIEVE THE COMMISSION CORRECTLY APPLIED.
THE ROBERTSON STEWART AND MAYOR HISTORIC DISTRICTS DESIGN STANDARDS ADOPTED IN 2019.
THE HLC IS REQUIRED TO CONSIDER THESE STANDARDS PER LAND DEVELOPMENT CODE SECTION 25 11 2 40 3D.
THE NEIGHBORHOOD AND APPELLANTS ARE HERE TO SPEAK ON THIS TODAY.
THE STAFF IN THE HLC ARE SYMPATHETIC TO THE NEIGHBORHOOD'S CONCERNS.
STAFF SUPPORTS THE LCS NINE TO ONE APPROVAL OF THE NEW DESIGN.
THE HLC CONSIDERED THE DISTRICT STANDARDS IN THEIR DELIBERATION AND CONCLUDED THE, THAT THE APPLICANT SUFFICIENTLY DEMONSTRATED THAT THE SITE'S TOPOGRAPHY AND THE PLACEMENT OF THE NEW BUILDING BEHIND THE MAIN HOUSE AND NEXT TO A THREE-STORY CONTRIBUTING CHURCH WILL MITIGATE ITS VISIBILITY FROM THE STREET.
THE NEW DESIGN DOES NOT INCREASE THE HEIGHT OF THE ORIGINAL PROPOSAL APPROVED IN 2023 AND THE EIGHTIES.
ADUS CONSTRUCTION DOES NOT ENDANGER THE EXISTENCE OF THE MAIN HOUSE, WHICH CONTRIBUTES TO THE CHARACTER OF THE HISTORIC DISTRICT.
UH, YESTERDAY AND TODAY WE RECEIVED UPDATED BACKUP FROM BOTH THE NEIGHBORHOOD AND THE APPLICANT.
UH, SO THOSE ARE AVAILABLE IN YOUR MATERIALS.
I'M HERE TO ANSWER QUESTIONS AND BOTH THE APPLICANT AND THE APPELLANTS ARE AVAILABLE AS WELL.
AND FOR VIRTUAL FOLKS, WE'RE AT EXACTLY SEVEN INCLUDING ALL OF YOU.
I WAS ACTUALLY GONNA SUGGEST LIKE A THREE MINUTE BREAK BECAUSE OF QUORUM ISSUES.
ALL RIGHT, LET'S TAKE A, LET'S TAKE A FIVE MINUTE RECESS.
WE WILL BE BACK AT, LET'S SEE, LET'S SEE THE EXACT TIME RIGHT THERE.
AND WE ARE, WE ARE OUT OF RECESS.
WE WILL NOW HEAR FROM THE APPLICANT, UH, MATT JORDAN OR, OKAY.
UH, WE WILL HEAR FROM MARK ROGERS SPEAKING IN OPPOSITION AND OR, OKAY.
UM, TANA TANA ROGERS, UH, DONATED TIME TO MARK.
TANA, ARE YOU PRESENT? PROBABLY WON'T NEED IT.
I'LL BE ASLEEP BY THE TIME I'VE DONE THIS.
AND IF SHE CAN TALK TOO, UH, YOU'LL SIX MINUTES.
SHE SPEAK FOR HERSELF IF SHE NEEDS TO.
UH, GOOD EVENING COMMISSIONERS.
I'M MARK ROGERS AND MY WIFE TRISANA.
AND I OWN 1104 EAST 10TH STREET, DIRECTLY ACROSS FROM 1107 EAST 10TH, 1107 EAST.
I WAS DOING THAT WITHOUT MY GLASSES.
1107 EAST 10TH IS WHERE MR. JORDAN IS PROPOSING TO BUILD A FIVE BEDROOM, THREE STORY SECONDARY DUPLEX.
1107 EAST 10TH HAS AN EXISTING ONE STORY HOUSE THAT IS A CONTRIBUTING STRUCTURE WITHIN THE ROBERTSON, STEWART AND MAYOR HISTORIC DISTRICT.
THE ISSUE BEFORE YOU THIS EVENING IS WHETHER THE SIZE AND HEIGHT OF THE PROPOSED NEW BUILDING AT 1107 EAST 10TH COMPLIES WITH THE ZONING REGULATIONS OR NOT.
I THINK YOU'LL SEE THAT THE PROPOSED DUPLEX DOES NOT COMPLY WITH THE REQUIREMENTS OF EITHER THE HOME ORDINANCE, WHICH IS BEING USED FOR ITS DESIGN OR THE REQUIREMENTS OF THE HISTORIC DISTRICT ZONING OF THE PROPERTY ITSELF.
ONCE THIS IS UNDERSTOOD, YOUR DECISION TODAY SHOULD BE EASY.
SUBSECTION F OF THE HOME ORDINANCE, WHICH APPLIES TO THE PROPOSED NEW THREE STORY DUPLEX, LAYS OUT A FEW BASIC DESIGN STANDARDS.
IT DEALS WITH SETBACKS, ROOF TYPES, ET CETERA.
BUT THE MOST IMPORTANT PIECE OF HOME SUBSECTION F FOR THIS SPECIFIC SITUATION IS F 2D, WHICH STATES, IF THE PROPERTY IS LOCATED WITHIN A HISTORIC DISTRICT, THE HISTORIC DISTRICT DESIGN STANDARDS APPLY AND CONTROL OVER THIS SUBSECTION.
IT'S QUITE CLEAR IN THE HOME ORDINANCE IF THE PROPERTY IS LOCATED WITHIN A HISTORIC DISTRICT, THE DESIGN STANDARDS OF THE HISTORIC DISTRICT APPLY AND CONTROL SUBSECTION F OF HOME.
THUS POINTS US TO THE ROBERTSON, STEWART AND MAYOR HOME, UH, HISTORIC DISTRICT'S DESIGN STANDARDS, WHICH STATE I QUOTE, THE DESIGN STANDARDS ARE BASED ON THE SECRETARY OF THE INTERIOR STANDARDS, BUT ARE CUSTOMIZED TO ADDRESS THE UNIQUE HISTORIC NATURE OF THE ROBERTSON, STEWART AND MAYOR DISTRICT.
THE DISTRICT'S DESIGN STANDARDS SECTION 1.4 DEALS SPECIFICALLY WITH NEW CONSTRUCTION, AND THEREFORE ADDRESS THE PROPOSED NEW DUPLEX AT 1107
[04:20:01]
EAST 10TH.IN THE REQUIREMENTS SECTION OF THE DESIGN STANDARDS, WE SEE THE FOLLOWING AND I QUOTE, DESIGN NEW BUILDINGS SO THEY'RE COMPATIBLE WITH AND DIFFERENTIATED FROM HISTORIC BUILDINGS IN THE DISTRICT.
IF DESIGNING AND A CONTEMPORARY STYLE REFLECT THE SCALE, MASSING AND OR MATERIALS OF THE HISTORIC BUILDING, BUT MOST IMPORTANTLY TO THIS CASE, AND I QUOTE, NEW CONSTRUCTION SHOULD HAVE FLOOR TO FLOOR HEIGHTS AND ROOF HEIGHTS THAT ARE THE SAME OR SIMILAR TO THOSE ON CONTRIBUTING BUILDINGS THROUGHOUT THE DISTRICT.
MOST SIGNIFICANTLY, ACCORDING TO THE, ACCORDING TO THE BUILDING PERMIT APPLICATION DATED APRIL 8TH, SUBMITTED BY MR. JORDAN, THE PROPOSED NEW DUPLEX AT 1107 EAST, EAST 10TH WOULD HAVE THREE STORIES AND STAND 35 FEET TALL, MAKING IT WITHOUT A DOUBT NOT ONLY THE TALLEST, BUT ALSO THE ONLY THREE STORY SINGLE FAMILY RESIDENTS WITHIN THE HISTORIC DISTRICT, THE TALLEST AND THE ONLY THREE STORY RESIDENTS WITHIN THE HISTORIC DISTRICT.
AGAIN, THE DESIGN STANDARDS OF THE HISTORIC DISTRICT STATE NEW CONSTRUCTION SHOULD HAVE FLOOR TO FLOOR HEIGHTS AND ROOF HEIGHTS THAT ARE THE SAME OR SIMILAR TO THOSE ON CONTRIBUTING BUILDINGS THROUGHOUT THE DISTRICT.
NINE OF THE 11 RESIDENCES ON THE 1100 BLOCK OF EAST 10TH HAVE JUST ONE STORY.
THE AVERAGE HEIGHT IS VERY LIKELY LESS THAN 20 FEET.
THE PROPOSED NEW CONSTRUCTIONS FOR A THREE STORY 35 FOOT TALL, 2,798 SQUARE FOOT DUPLEX.
THE HISTORIC DISTRICT HAS 84 CONTRIBUTING STRUCTURES.
66 OF THE 84 70 9% ARE ONE STORY BUILDINGS WITH AN AVERAGE OF ABOUT 1,625 SQUARE FEET.
ONLY 10 OF THE CONTRIBUTING STRUCTURES IN THE DISTRICT, 12% ARE TWO STORY.
THE PROPOSED NEW CONSTRUCTIONS WHO ARE THREE STORY 35 FOOT TALL, 2,798 SQUARE FOOT DUPLEX.
THAT IS NOT COMPATIBLE AND IT DOES NOT COMPLY WITH THE DISTRICT'S DESIGN STANDARDS.
A CERTIFICATE OF APPROPRIATENESS SHOULD NOT BE ISSUED FOR THIS DESIGN.
YOUR DECISION TONIGHT WILL SET THE PRECEDENT AS TO WHETHER THE ZONING REQUIREMENTS OF THE EIGHT HISTORIC DISTRICTS OF AUSTIN ARE RESPECTED OR CAN BE IGNORED.
IT ALSO WILL DETERMINE IF THE NEWLY ADOPTED HOME ORDINANCE CAN BE CHERRY PICKED TO FAVOR DEVELOPER INTERESTS OVER THE CULTURAL HERITAGE OF OUR REMARKABLE CITY.
FOR ME PERSONALLY, IT WILL DETERMINE WHETHER I CAN WELCOME HOME OR FEEL HOMESICK.
IT'S A LITTLE JOKE I THREW IN HERE FOR YOU, I SHOULD POINT OUT.
AND I JUST POINT OUT, SO I'VE GOT A LITTLE BIT OF TIME THAT THIS IS NOT A FAMILY RESIDENCE.
MR. JORDAN'S BUSINESS IS SHORT-TERM RENTAL.
THAT'S WHAT HE DOES, THAT'S WHAT HE'S DOING WITH THE HOUSE IN THE FRONT THAT'S EXISTING.
NOW THIS IS A DESIGN THAT IS DELIBERATELY DESIGNED TO HAVE, AS I SEE, IT'S SIX BEDROOMS, FIVE DESIGNATED BED BEDROOMS, AND FOUR BATHROOMS. IT'S ABOUT WHAT YOU CAN RENT ONE ROOM FOR FOR A NIGHT.
UM, THE OTHER APPELLANT IS SUE GA SUE, YOU WILL HAVE THREE MINUTES TO SPEAK.
I AM AN APPELLANT AND THE HOMEOWNER AT THE ADJOINING PROPERTY AT 1109 EAST 10TH STREET.
I STRONGLY OBJECT TO THIS PROPOSED ACCESSORY DWELLING UNIT FOR A DU.
THIS PROPERTY, AS MARK SAID, IS WITHIN THE ROBERTSON, STEWART AND MAYOR HISTORIC DISTRICT, ONE OF EIGHT HISTOR LOCAL HISTORIC DISTRICTS RECOGNIZED BY THE CITY.
HISTORIC DISTRICT DESIGNATION ADDS AN HD OVERLAY TO THE BASE ZONING.
THE CITY'S OWN WEBSITE STATES THAT HISTORIC DISTRICTS AND I'M QUOTING, OFFER THE STRONGEST PROTECTION AND GREATEST BENEFIT FOR AUSTIN'S OLDER NEIGHBORHOODS.
OUR NEIGHBORHOOD SPENT YEARS AND TENS OF THOUSANDS OF DOLLARS TO ACHIEVE HISTORIC DISTRICT DESIGNATION.
IN 2019, A MAJORITY OF BOTH PROPERTY OWNERS AND LAND AREA OWNERS IN THE NEIGHBORHOOD SUPPORTED IT AND THE PLANNING COMMISSION AT THE TIME UNANIMOUSLY RECOMMENDED IT FOR APPROVAL TO CITY COUNCIL.
THE HD ZONING OVERLAY REQUIRES PROPOSED PROJECTS TO COMPLY WITH THE DISTRICT DESIGN STANDARDS.
CONTAINED IN OUR DISTRICT PRESERVATION PLAN AT THE JUNE 5TH HISTORIC LANDMARK COMMISSION HEARING, IT WAS CLEAR THAT NEITHER THE APPLICANT NOR THE COMMISSION HAD CORRECTLY APPLIED OUR DESIGN STANDARDS.
OUR DESIGN STANDARDS ARE EASILY VIEWABLE ON THE CITY'S WEBSITE.
THEY ARE CLEAR THAT NEW CONSTRUCTION MUST BE COMPATIBLE WITH THE DESIGN PATTERNS OF THE DISTRICT.
AND I WILL ALSO QUOTE SPECIFICALLY, NEW CONSTRUCTION SHOULD HAVE FLOOR TO FLOOR HEIGHTS AND ROOF HEIGHTS THAT ARE THE SAME OR SIMILAR TO THOSE ON CONTRIBUTING BUILDINGS THROUGHOUT THE DISTRICT.
WE HAVE 84 CONTRIBUTING BUILDINGS IN OUR DISTRICT.
[04:25:01]
ARE ONE STORY HOMES.A HANDFUL UNDER 20% ARE ONE AND A HALF TO TWO STORIES ONLY ONE IS TWO AND A HALF STORIES.
THE HISTORIC NEWTON HOUSE AT 10 13 EAST NINTH STREET.
THIS PROPOSED PROJECT IS A THREE STORY 35 FOOT TALL, A DU OVER 2,600 TOTAL SQUARE FEET.
NOT AT ALL THE SAME OR SIMILAR TO CONTRIBUTING BUILDINGS THROUGHOUT THE DISTRICT.
WE SUPPORT THE DENSITY AND AFFORDABILITY GOALS OF THE NEW HOME ORDINANCE.
OUR DISTRICT DESIGN STANDARDS RECOGNIZE THE IMPORTANCE OF ADUS.
HOWEVER, THIS PROPOSED A DU DOES NOT COMPLY WITH OUR DISTRICT DESIGN STANDARDS.
WE WILL NOW HEAR FROM THE APPLICANT AND THE PROPERTY OWNER, MATT JORDAN AND MATT RECEIVED DONATION OF TIME FROM VICTORIA HASI.
VICTORIA, ARE YOU PRESENT? UM, MATT, YOU WILL HAVE EIGHT MINUTES TO SPEAK, SO I DON'T BELIEVE WE DO DONATIONS OF TIMES ON.
SO I BELIEVE YOU HAVE FIVE MINUTES UNLESS YOU TELL ME OTHERWISE.
MY NAME IS MATT JORDAN AND I AM THE HOMEOWNER OF 1107 EAST 10TH STREET.
I'M HERE TO DEFEND MY RIGHTS REGARDING THE CONSTRUCTION OF A SECOND DWELLING BEHIND MY CONTRIBUTING STRUCTURE, WHICH HAS BEEN APPEALED BY TWO OF MY NEIGHBORS BEHIND ME.
I WANNA GIVE YOU A CLEAR PICTURE OF MY PROCESS, WHAT HAS OCCURRED AND WHY I DISAGREE WITH THE APPELLANTS.
IT'S IMPORTANT TO NOTE BEFORE STARTING THIS PROCESS ON THE SECOND DWELLING, I REVITALIZED THE CURRENT HOUSE, A CONTRIBUTING STRUCTURE TO THE NEIGHBORHOOD AFTER IT HAD BEEN, AFTER IT HAD BEEN NEGLECTED FOR 30 YEARS.
EVERYONE CAN AGREE THAT THIS HAS BEEN A WELCOME CHANGE TO THE NEIGHBORHOOD AND I HAVE NO PLANS TO ALTER THE STRUCTURE.
SOMETHING BOTH APPELLANTS APPLAUDED IN THEIR LETTER.
I BEGAN THE DESIGN PROCESS OF THE SECOND DWELLING IN JUNE, 2023.
I HIRED AN ARCHITECT THAT RESIDES IN THE ROBERTSON STEWART LOCAL HISTORIC DISTRICT, BELIEVING THEY WERE BEST TO UNDERSTAND AND DESIGN A BUILDING WITHIN THE STANDARDS.
I HAVE MADE A COMMITMENT TO RESPECTING OUR NEIGHBORHOOD'S RICH HISTORY AND HAVE READ THE DESIGN STANDARDS FRONT TO BACK.
MANY TIMES I WALKED EVERY BLOCK IN MY DISTRICT TO GAIN APPRECIATION FOR THE HISTORICAL NATURE OF THE NEIGHBORHOOD AND DESIGN SOMETHING TO FIT WITHIN IT.
WE WORKED DILIGENTLY WITH THE ARCHITECTURAL REVIEW COMMITTEE, ULTIMATELY LANDING WITH A DESIGN THAT RECEIVED APPROVAL FROM HISTORIC LANDMARK COMMISSION AND WAS APPLAUDED FOR THE LEVER OF EFFORT AND DETAIL PUT INTO SATISFYING THE DISTRICT'S STANDARDS.
I RECEIVED MY FIRST APPROVAL FROM HLC IN NOVEMBER, 2023.
BEFORE THAT, I HAD BEEN TO A RC THREE TIMES TO GET FEEDBACK TO ENSURE I WAS MEETING THE STANDARDS STAFF RECOMMENDED THE PROJECT AT THREE STORIES PER THE DESIGN ON PAGE 11 AND 12 OF MY PRESENTATION AND THE HISTORIC LANDMARK COMMISSION GAVE FINAL APPROVAL WITH A CONSENT VOTE.
AND THOSE FOUR MEETINGS WITH HLC, NEITHER APPELLANT OR OTHER NEIGHBORS OPPOSED THE PROJECT.
FOLLOWING THE PASSAGE OF HOME ONE ORDINANCE, I UPDATED MY PLANS TO ACCOMMODATE AN ADDITIONAL UNIT WITHIN THE SAME BUILDING HEIGHT THAT WAS INITIALLY APPROVED.
I SAW ADDITIONAL FEEDBACK ON THE NEW PLANS FROM THE ARCHITECTURAL REVIEW COMMITTEE ON TWO SEPARATE OCCASIONS BEFORE RESUBMITTING TO THE FULLY HISTORIC LANDMARK COMMISSION PRESERVATION STAFF ONCE AGAIN RECOMMENDED THE DESIGN AND MODIFIED PLANS WERE APPROVED BY THE FULL COMMISSION WITH A CONSENT VOTE.
NOTE THAT THE HEIGHT DID NOT CHANGE FROM HL C ONE TO HHL C TWO AND IS PERMITTED BY RIGHT FOR ALL PROPERTIES THAT HAVE SF THREE ZONING.
THOSE THAT OPPOSE THIS PROJECT HAVE THE SAME RIGHTS THAT I'M NOW DEFENDING.
DURING THE PROCESS, I WORKED WITH MY NEXT DOOR NEIGHBOR, ONE OF THE APPELLANTS MS. GALL, KEEPING HER PROPERLY INFORMED REGARDING THE PROJECT AND ANSWERING ANY QUESTIONS.
THE OTHER APPELLATE MR. ROGERS, I'VE GAVE NOTICE ABOUT THE PROJECT IN THE SUMMER OF 2023 AND INFORMED HIM OF MY ARCHITECT CHOICE, WHICH HE KNEW PERSONALLY AND APPLAUDED.
NEVER ONCE DID EITHER OF THESE APPELLANTS OPPOSE THE PROJECT UNTIL MY SECOND HLC MEETING AND ONLY ONE OF THEM SHOWED UP TO THE MEETING TO OPPOSE.
I REACHED OUT TO BOTH APPELLANTS ASKING FOR FEEDBACK ON WHY THEY'RE OPPOSING MY PROJECT, AND THEY HAVE NOT RESPONDED.
THE APPELLANTS HAVE APPEALED THIS CASE BASED SOLELY ON THE HEIGHT OF THE STRUCTURE, WHICH AGAIN, HAS NOT CHANGED SINCE BEING APPROVED IN NOVEMBER, 2023.
IT'S CRUCIAL TO NOTE THAT THE APPELLANT'S LETTER OVERLOOKS AN IMPORTANT CONTRIBUTING STRUCTURE.
THE POLITAN A ME CHURCH RIGHT NEXT DOOR TO MY PROPERTY STANDS OVER 50 FEET TALL.
I ALSO BELIEVE IT'S WORTH MENTIONING 1004 EAST NINTH STREET, WHILE NOT A CONTRIBUTING STRUCTURE, I BELIEVE PLAYS A PART IN THIS DISCUSSION.
BUILT IN 2016, THE OWNERS OF THIS PROPERTY HAVE MENTIONED TO ME THE SIGNIFICANT ROLE THAT MR. ROGER, MR. ROGERS HAS PLAYED IN MAKING SURE THE DESIGN FIT WITHIN THE NEIGHBORHOOD AND THE GUADALUPE ASSOCIATION.
THIS IS A 35 FOOT TALL STRUCTURE, THREE STORY STRUCTURE.
AND WHILE IT WAS BUILT BEFORE THE NEW DESIGN STANDARDS, IT SETS A PRECEDENT THAT ONE OF THE APPELLANTS AND GAIN HAVE A TRACK RE RECORD OF SUPPORTING PROJECTS IN THE NEIGHBORHOOD THAT ARE THREE STORIES.
JUST AS WHAT I HAVE PROPOSED, MY PROJECT ALIGNS WITH HOME ONE ORDINANCE
[04:30:01]
SUPPORTING INFILL DENSITY AND AFFORDABILITY WHILE MAINTAINING NEIGHBORHOOD CHARACTER AND ADDRESSES MY FAMILY'S HOUSING NEEDS.ONCE COMPLETED, MY PROPERTY WE'RE FIXED TO THREE HOUSES, ELEVEN HUNDRED, FIVE HUNDRED AND TWENTY ONE HUNDRED SQUARE FEET, PROVIDING FLEXIBILITY AND DIVERSE HOUSING OPTIONS TO SUPPORT A MORE INCLUSIVE NEIGHBORHOOD.
THE SUDDEN OPPOSITION AFTER A YEAR OF COLLABORATIVE DESIGN WORK AND SEVERAL PUBLIC HEARINGS OPPORTUNITIES WHERE THE APPELLANTS WERE SILENT RAISES QUESTIONS ABOUT THE FAIRNESS OF THIS PROCESS, ESPECIALLY GIVEN THE APPELLANT'S REFUSAL TO DISCUSS THEIR CONCERNS.
DESPITE MY OUTREACH EFFORTS, IN CONCLUSION, MY PROJECT DEMONSTRATES A CAREFUL BALANCE BETWEEN RESPECTING OUR HISTORIC DISTRICT'S CHARACTER AND ADDRESSING OUR COMMUNITY'S HOUSING NEEDS.
I FOLLOWED ALL REQUIRED PROCESSES, ENGAGED WITH THE COMMUNITY, AND RECEIVED MULTIPLE APPROVALS.
THE LATE OBJECTION WITHOUT PRIOR COMMUNICATION OR WILLINGNESS TO DISCUSS SHOULD NOT OUTWEIGH THE THOROUGH AND TRANSPARENT PROCESS THAT I'VE UNDERTAKEN.
MY PROJECT ALIGNS WITH BOTH THE LETTER AND SPIRIT OF OUR HISTORIC DISTRICT DESIGN STANDARDS AND CITY ORDINANCES.
ITS APPROVAL WILL SET A POSITIVE PRECEDENT FOR RESPONSIBLE DEVELOPMENT WITHIN HISTORIC DISTRICTS AFFIRMING OUR CITY'S COMMITMENT TO BOTH PRESERVATION AND PROGRESS.
AND I WILL NOW SPEND THE REMAINDER OF MY TIME GOING THROUGH MY PRESENTATION QUICKLY.
THIS IS MY HOUSE AND WHERE I'M PROPOSING TO BUILD.
LASTLY, I'LL JUST SAY QUICKLY THAT YOU CANNOT SEE THE STRUCTURE FROM THE FRONT OF THE STREET AND THAT THERE ARE 13 PROPERTIES WITHIN THE DISTRICT THAT ARE THREE STORIES.
UM, THE NEXT SPEAKER IS EMILY LITTLE SPEAKING IN OPPOSITION.
EMILY, YOU'LL HAVE THREE MINUTES.
UH, GOOD EVENING COMMISSIONERS.
I'M EMILY LITTLE, A 40 YEAR RESIDENT OF THE NEIGHBORHOOD AND AN ARCHITECT AND I, THIS CASE IS SO IMPORTANT RIGHT NOW BECAUSE WE ARE JUST BEGINNING TO UNDERSTAND THE IMPACT OF HOME AS IT RELATES TO LOCAL HISTORIC DISTRICTS.
AND THIS IS THE FIRST CASE OUR NEIGHBORHOOD IS FACED.
EACH HISTORIC DISTRICT HAS ITS OWN SPECIFIC GUIDELINES, AND THE BIG PICTURE HERE IS THAT WE MUST EMPOWER THE LANDMARK COMMISSION TO BE ABLE TO ENFORCE THE SPECIFICS OF EACH LOCAL HISTORIC DISTRICT.
THE SMALLER SPECIFICS ON THIS ONE, AND IT DOES CONCERN THE HEIGHT AND THE SPECIFIC LANGUAGE IN OUR GUIDELINES TALKS ABOUT FLOOR TO FLOOR HEIGHTS.
THE 13 EXAMPLES THAT THE, THEY HAVE A CITED OR TWO STORY HOUSES THAT HAVE A THIRD LEVEL WITHIN THE ROOF LINE CREATED BY BAY AND DORMER WINDOWS.
HIS, THE PROPOSED PLAN HAS THREE FULL FLOOR HEIGHTS PLUS A ROOF.
YES, HE'S WITHIN THE 35 FEET, BUT THAT MASSING SIMPLY DOES NOT FIT IN OUR NEIGHBORHOOD.
UH, UM, AND IT IS SIMPLY NOT FAIR TO COMPARE A SINGLE FAMILY HOUSE TO A CHURCH.
WE HAVE TWO LARGE CHURCHES IN OUR NEIGHBORHOOD THAT ARE LANDMARK ANCHORS, BUT IN NO WAY RELATE TO THE SCALE OF OUR ONE AND TWO STORY HOUSES.
THIS ISSUE, UM, IS BASED ALSO ON I THINK, A VERY CONFUSING SUBMITTAL PACKET, UH, THE HEIGHT.
HE, HE PROVES HIS HEIGHT IN RELATION TO CONTEXT AND WHAT IT LOOKS LIKE FROM THE STREET BY THE HEIGHT OF A, A UTILITY POLES.
AND THE CITY, UH, AUSTIN ENERGY DIAGRAMS CALL OUT THE HEIGHT OF THE POLES, BUT THOSE HEIGHTS ARE THE FULL LENGTH OF THE POLE AND SEVEN FEET OF THEM IS EMBEDDED IN THE EARTH.
SO THEY AREN'T AS TALL AS HE'S IMPLYING THEY ARE ALSO THE, HIS SIGHT LINES, I BELIEVE ARE INCORRECTLY LAID OUT.
AND, UM, I WOULD ENCOURAGE THIS PLANNING COMMISSION TO REQUIRE, UH, STANDARD METHODS OF ASCERTAINING HEIGHT OF PROPOSED STRUCTURES AND THEIR RELATION TO CONTEXT.
THAT'S WHAT A HISTORIC DISTRICT IS ALL ABOUT, IS CONTEXT AND, AND ISOLATING ONE UTILITY POLE DOESN'T HELP US UNDERSTAND THE MASSING THAT WILL OCCUR.
AND WE NEED TO SEE IT FROM ALL SIDES BECAUSE THIS SITE AND THIS PROPOSED PROJECT IS HIGHLY VISIBLE FROM THE SOUTH AND IT WASN'T EVEN ADDRESSED.
SO I FEEL LIKE THE PACKET NEEDS TO BE FURTHER DEFINED AND THE IMPORTANCE OF THE FACT THAT LHD GUIDELINES TRUMP HOME, THAT'S WHAT'S IMPORTANT IS THAT LHD MUST BE ADHERED TO BEFORE THE HOME.
THANK YOU MS. LITTLE THANK YOU.
I BELIEVE EMILY WAS SPEAKING IN FAVOR AGAIN.
[04:35:01]
OKAY.SORRY, I'M CONFUSED AND JUST WANTED TO CLARIFY.
UM, THE NEXT SPEAKER IS BEN
BEN, YOU'LL HAVE THREE MINUTES.
I CHAIR THE HISTORIC LANDMARKS COMMISSION AND I APPLAUD YOU FOR ALL OF YOUR SERVICE AND THE FACT THAT YOU STAY UP LATE LIKE WE SOMETIMES HAVE TO.
UH, I WANTED TO SPEAK TONIGHT REGARDING THIS APPEAL BECAUSE I THINK IN MANY WAYS IT ILLUSTRATES ONE OF THE BIG FRUSTRATIONS THAT WE HAVE WITH THE TOOLS FOR HISTORIC PRESERVATION, PARTICULARLY THE LOCAL HISTORIC DISTRICT.
NEIGHBORS PUT IN TONS OF EFFORT, BRING A LOT OF EXPERTISE AND A LOT OF MONEY TO THE TABLE, NOT JUST TO PRESERVE THEIR OWN NEIGHBORHOODS, BUT THIS IS A RESOURCE FOR THE ENTIRE CITY.
AND THEN WE ARE CHARGED WITH EVALUATING APPLICANTS AND WE ISSUE THAT CERTIFICATE OF APPROPRIATENESS WHEN AN APPLICATION COMES AND IT'S IN A HISTORIC DISTRICT, WE GET A CHANCE TO SAY, HEY, THIS ISN'T QUITE RIGHT.
LET'S WORK WITH THE APPLICANT AND SEE WHAT WE CAN DO.
AND THIS APPLICANT WENT TO OUR ARCHITECTURE REVIEW COMMITTEE THREE TIMES AND, UH, ON A PREVIOUS ONE SEVERAL TIMES.
AND SO WE'VE HAD A LOT OF, IF YOU WILL, MOLDING THAT WE COULD DO.
BUT IT CAN ONLY BE SUCCESSFUL WITH THE COOPERATION OF AN OWNER.
THE IMPORTANT THING IN THE HISTORIC DISTRICT ALSO ARE THESE CONTRIBUTING STRUCTURES AS THE, UH, APPLE AND, UH, THE, THE ONES WITH THE APPEAL ARE SAYING, AND THEY CORRECTLY ARE SAYING THAT THEIR DISTRICT STANDARDS TALK ABOUT THE HEIGHT OF NEW CONSTRUCTION.
IN FACT, AT THIS POINT, ALMOST ALL OF THE NEW CONSTRUCTION WE'RE DEALING WITH IN HISTORIC DISTRICTS ARE BECAUSE WE'RE REPLACING A DEMOLISHED BUILDING.
AND THE FACT THAT THIS BUILDING AS A CONTRIBUTING STRUCTURE EXISTS AND IS BEING MAINTAINED ULTIMATELY WAS WHAT BECAME THE, THE BASIS OF OUR DECISION.
AND WE WENT AHEAD AND ISSUED THE CERTIFICATE OF APPROPRIATENESS AFTER SOME SIGNIFICANT DISCUSSION.
AND WE WEREN'T NECESSARILY VERY CON WE WERE, I WON'T SAY CONFLICTED, BUT CERTAINLY THIS WASN'T A PERFECT APPLICATION.
WE KNEW THERE WERE LIMITATIONS, BUT LET ME ALSO ILLUSTRATE WHAT OUR FRUSTRATION IS WITH THIS.
THIS PROCESS IS THAT IF WE HAD DENIED THIS CASE, AN APPLICANT BASICALLY CAN WAIT OUT OVER A COUPLE OF MONTHS AND DO WHAT THEY WANT TO ANYWAY.
AND THAT MIGHT HAVE INCLUDED RISKING THE CONTRIBUTING STRUCTURE.
WE'VE HAD THIS HAPPEN ON MULTIPLE OCCASIONS.
WE DO A LOT OF WORK TO GET THESE HISTORIC DISTRICTS IN PLACE.
UNFORTUNATELY, OUR TOOLS ARE FLAWED, AS YOU ALL AWARE, ARE, ARE, ARE ALL AWARE.
WE ARE PUTTING TOGETHER WITH OUR EQUITY BASED PLAN, NEW RECOMMENDATIONS FOR STRENGTHENING OUR CODES AND ORDINANCES.
OUR CODES RIGHT NOW GO BACK TO THE EIGHTIES AND WE HAVEN'T BEEN ABLE TO CHANGE THEM SINCE.
AND WE'RE DEALING WITH OUTMODED TOOLS THAT AREN'T GIVING US THE KIND OF SUPPORT AND THESE NEIGHBORS THE KIND OF SUPPORT THEY NEED.
SO GIVEN THE TOOLS WE HAD, I I, I AM HERE TO TELL YOU THAT IT WAS A VOTE THAT I WAS IN FAVOR OF AND I WILL NOT BE SUPPORTING THE APPEAL.
BUT AGAIN, IT IS WITH THIS CONTEXT THAT I THINK YOU NEED TO UNDERSTAND WHY THIS ACTION IS BEING BROUGHT TO YOU TODAY.
DO WE WANNA EXTEND THIS MEETING? THAT IS CORRECT.
I WAS GONNA POINT THAT OUT AS WELL.
ALL, UH, SO, UH, COMMISSIONER WOODS, DID I SEE YOU ALLOWED TO MAKE A MOTION? SURE.
I'LL MAKE A MOTION TO EXTEND THE MEETING UNTIL 1130.
IS THERE A SECOND? COMMISSIONER ZA SECONDS.
ALL IN FAVOR, PLEASE SHOW GREEN OR RAISE YOUR HAND.
SO CHAIR, IF I MIGHT, UH, COMMISSIONERS, I'M GONNA MAKE A MOTION TO 1115 BECAUSE WE AT LEAST NEED TO FINISH THIS CASE.
WE HAVE SPEAKERS WHO ARE HERE.
IF WE ALL CAN JUST SORT OF BEAR THROUGH IT AT THE SAME TIME.
I'LL BE HONEST, I THINK STAFF, I THINK WE'RE GETTING A SIGNAL HERE THAT WE MIGHT NOT GET TO THE OTHER TIME AT ITEMS. AND I KNOW WE HAVE STAFF MEETING, SO I CAN JUST THANK YOU ALL AND WE'LL SORT OF FIGURE IT OUT.
BUT I'M GONNA MAKE A MOTION RIGHT NOW TO EXTEND THE MEETING TO 1115 SO WE CAN WRAP UP THIS CASE.
CAN, CAN I, CAN WE SPEAK TO THAT REAL QUICK? SO A MOTION TO 1115 FROM COMMISSIONER ZA.
SECOND BY COMMISSIONER HAYNES.
COMMISSIONER COX WISHES TO SPEAK TO A CHAIR.
COMMISSIONER COX? I, I I WOULD LIKE TO GET TO THE DB 90 REVISION ITEMS. I KNOW, UH, UH, COMMISSIONER ZA HAS
[04:40:01]
WORKED ON SOME IMPORTANT AMENDMENTS TO THAT.UM, AND TO BE HONEST, THIS, THIS, UH, THIS APPEAL FROM THE HISTORIC COMMISSION IS FASCINATING, BUT IT'S ALSO VERY COMPLICATED AND I WOULD ACTUALLY LIKE TO POSTPONE THIS ITEM TO, TO STUDY AND UNDERSTAND A BIT MORE, UH, WHAT'S GOING ON.
AND SO I'M JUST WONDERING IF PEOPLE WOULD BE OPEN TO THAT AND THAT WOULD ALLOW US TO MOVE FORWARD WITH THE DB 90 WITHIN THAT 1115 TIMEFRAME.
ANYONE CARE TO VOTE OR ANY MORE DISCUSSION ON EXTENDING THE MEETING TO 1115? HEARING NONE, EVERYONE PLEASE RAISE A GREEN OR RAISE YOUR HAND.
BELIEVE THAT PASSES UNANIMOUSLY.
COMMISSIONER COX? UM, I'M SORRY.
WE WILL HEAR FROM THE APPELLANTS FOR A REBUTTAL.
WERE THERE ANY MORE SPEAKERS FOR OR AGAINST BEFORE? UM, NO, THAT WAS ALL.
UM, MARK, YOU'LL HAVE THREE MINUTES.
UM, SOME OF THE THINGS THAT WERE SAID BY MR. JORDAN ARE BAFFLING.
I GUESS THERE'S NEIGHBORS HERE WHO LIVE ALONG 10TH STREET.
I DID SPEAK WITH, WITH HIM IN THE SUMMER OF 2023 AND DIDN'T HEAR BACK AGAIN.
THE ARCHITECT THAT HE MENTIONED WHO I DID KNOW, DOESN'T LIVE IN THE ROBERTSON HILL AREA, NOR THE ARCHITECT THAT SUBMITTED THE BUILDING PLANS.
SO THERE'S SOME THINGS THAT ARE FUNNY AND THERE'S NEIGHBORS HERE ON 10TH STREET WHO NEVER HEARD FROM MR. JORDAN AT ALL.
SO I DON'T KNOW HOW HE SAID HE WALKED THE BLOCKS AND TALKED TO PEOPLE AGAIN.
I'M GONNA POINT OUT THAT WE'VE WATCHED WHAT'S THERE.
HE DID A GOOD JOB OF FIXING UP THE HOME.
IT'S WONDERFUL THAT HE'S MAINTAINING AND, AND PRESERVING THE CONTRIBUTING STRUCTURE, BUT THAT'S NOT THE, NOT THE ISSUE.
THE ISSUE IS NEW CONSTRUCTION AND THE GUIDELINES THAT WE HAVE ON THAT NEW CONSTRUCTION.
SO THAT'S REALLY THE ISSUE THAT'S IN FRONT OF YOU.
THANKS, AND I DO APPRECIATE YOUR TIME YOU PUT IN AND THE HISTORIC LANDMARKS COMMISSION.
I DID MAKE ONE RECOMMENDATION TO MR. JORDAN BACK IN THIS SUMMER OF 2023, WHICH WAS GO MEET WITH THE ARCHITECTURAL REVIEW COMMITTEE, AND APPARENTLY HE DID THAT, SO THAT'S GREAT.
ALL RIGHT, LET'S VOTE TO CLOSE THE PUBLIC HEARING.
COMMISSIONER COX? UM, I'M SORRY.
THERE'S ANOTHER APPELLANT SUE GA.
I I WILL JUST SECOND WHAT MARK HAS SAID.
MY ELECTRIC LINE LINE COMES OFF A POLE IN MATT'S BACKYARD.
THAT'S WHAT HIS COMMUNICATIONS WITH ME WERE ABOUT.
NOTHING ABOUT THE STRUCTURE OR WHAT HE PLANNED TO DESIGN.
HE'S BEEN ABSOLUTELY OPAQUE ABOUT THAT.
UM, AND HE HAS MISCHARACTERIZED HIS COMMUNICATION OR LACK THEREOF WITH ME.
COMMISSIONER COX? YEAH, I'D LIKE TO MAKE A MOTION TO POSTPONE, UH, THIS ITEM KEEPING COMMISSIONER COX, JUST IN TERMS OF ORDER, I'M SORRY.
I CHAIR I'M GONNA GO AHEAD AND MAKE A MOTION TO CLOSE THE PUBLIC HEARING.
CAN WE, CAN WE POSTPONE AND KEEP THE PUBLIC HEARING OPEN OR WOULD THAT REQUIRE NOTICING COMMISSIONER COX? EVERY TIME WE POSTPONE THE, UH, HEARING AUTOMATICALLY REOPENS.
UH, BUT WE PROCEDURALLY JUST HAVE TO DO THIS.
I'M MAKING A MOTION TO CLOSE PUBLIC HEARING MADE BY COMMISSIONER AZAR, SECOND BY COMMISSIONER COX.
THAT OBJECTION, THAT ITEM PASSES.
COMMISSIONER COX, UH, I MAKE A MOTION TO FIND THE DATE OF OUR NEXT MEETING.
JULY 23RD, I MAKE A MOTION TO POSTPONE THIS ITEM TO JULY 23RD, 2024.
AND I REALLY HOPE I DIDN'T CATCH THE GENTLEMAN'S NAME, WHO IS SPEAKING, UH, FOR THE, UH, STORE COMMISSION.
I REALLY HOPE HE REACHES OUT BECAUSE I'D LOVE TO SPEAK, BUT YEAH, THAT'S MY MOTION.
SECOND BY COMMISSIONER HAYNES.
ANYONE CARE TO SPEAK IN FAVOR? SPEAK AGAINST.
COMMISSIONER WOODS, I'LL SPEAK AGAINST JUST UNDERSTANDING THAT WE'RE ABOUT TO, UM, HAVE TO PUSH THREE ADDITIONAL ITEMS TO THAT MEETING.
UM, I WOULD LOVE TO HAVE THE OPPORTUNITY TO JUST GO AHEAD AND GO INTO Q AND A AND SEND THIS IN ONE DIRECTION OR ANOTHER THIS EVENING.
ANYONE ELSE CARE TO SPEAK ON THIS FOR OR AGAINST OR? NO.
ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND OR SHOW GREEN.
ALL THOSE OPPOSED SHOW RED HOLD, RED UP FOR ME.
THAT ITEM PASSES WITH COMMISSIONERS, BEDA, RAMIREZ, WOODS, AND SKIDMORE VOTING.
THAT ITEM FAILED, DIDN'T IT? IT FAILED, CORRECT.
[04:45:03]
OKAY.SO WE WENT THROUGH AND THERE WERE NO DISCUSSION.
DOES ANYONE CARE TO MAKE ANOTHER MOTION? WE HAVE TO GO TO Q AND A, CORRECT.
WE DID THAT AND THERE WAS NO Q AND A AND THAT'S WHERE WE LANDED ON POSTPONEMENT.
WE DIDN'T DO Q AND A ON THE, ON THE ORIGINAL ITEM.
THERE WAS NO ONE WHO HAD ANY Q AND A.
PLEASE BE MINDFUL WE HAVE 12 MINUTES.
YEAH, THAT'S WHY I WANTED TO POSTPONE.
UH, SO THE, THE GENTLEMAN, UM, WHO WAS, UH, SPEAKING, I THINK HE WAS A MEMBER OF THE HISTORIC, UH, LANDMARK COMMISSION.
THE VOTE ON THE POSTPONEMENT WAS UNCLEAR.
I'M NOT SURE WHO WAS FOR OR AGAINST IT FAILED WITH THREE COMMISSIONERS AGAINST, AND I, I READ THEM OUT AT THAT TIME, BUT IT DID FAIL.
IT WAS, I JUST WAS TRYING TO COUNT GREEN ON THE SCREEN AND I COULDN'T TELL.
FOR THOSE WHO WERE RED ON THE POSTPONEMENT, COULD YOU PUT YOUR RED BACK UP, PLEASE? THAT'S, THAT'S WOODS SKIDMORE AND, AND JOHNSON SAIN.
COMMISSIONER COX? YEAH, I'M HOPING WE CAN SWITCH THE CAMERA.
IT'LL FLIP THAT SCREEN AROUND.
UM, AND I'M SORRY, UH, I DID NOT CATCH YOUR NAME.
WHAT, WHAT WAS YOUR NAME? YES.
UH, FOR THE RECORD, I AM BEN SETH AND I'M CHAIR OF THE HISTORIC LANDMARKS COMMISSION.
THANK YOU SO MUCH FOR BEING HERE.
THERE'S OFTENTIMES WE GET THESE HISTORIC ITEMS AND I WISH I COULD SPEAK TO THE HISTORIC LANDMARK COMMISSION ABOUT THEM.
SO I'M, I'M, I'M VERY HAPPY YOU'RE HERE.
UM, THERE'S ONE THING YOU SAID THAT THAT STUCK OUT TO ME AND I WANTED TO BETTER UNDERSTAND IT, WAS YOU, YOU WERE KIND OF INDICATING THAT, UM, IF, IF THE HISTORIC LANDMARK COMMISSION DID NOT KIND OF COOPERATIVELY WORK WITH THE PROPERTY OWNER AND THE PROPERTY OWNER DID NOT COOPERATIVELY WORK WITH THE HLC, THERE ARE EASING MECHANISMS FOR THE PROPERTY OWNERS TO JUST COMPLETELY BYPASS THE HLC, UM, WHICH WAS CONFUSING TO ME, BUT, BUT I'M CONCERNED THAT IT, IS IT POSSIBLE THAT THAT INFLUENCES THE DECISION ON SOME OF THESE ITEMS WHERE Y'ALL MAY NOT NECESSARILY ENFORCE A STRICT INTERPRETATION OF THINGS BECAUSE YOU ARE TRYING TO WORK MORE COLLABORATIVE COLLABORATIVELY AND GET THAT COOPERATION FROM THE PROPERTY OWNERS? UH, COMMISSIONER, I CAN ONLY SPEAK FOR MYSELF ON THAT.
I THINK THAT, UH, THERE'S A BROAD SPECTRUM ON THE COMMISSION, AND OF COURSE, ALL OF US ARE PROFESSIONALS WITH A VARYING BUT QUITE A BIT OF EXPERTISE IN HISTORIC PRESERVATION.
UH, MY BOTTOM LINE IS THAT I DO THINK IN MY VOTES THAT I WOULD LIKE TO HAVE A LONG-TERM SOLUTION THAT WILL HAVE, IF YOU WILL, THE, THE BEST BENEFIT WE CAN GET IN A GIVEN SITUATION.
AND YES, IN THIS SITUATION, UH, IN MY OWN PERSONAL REN RENDERING ON THIS, UH, THE FACT THAT WE HAD PRESERVED THE FRONT HOUSE, IT IS THE CONTRIBUTING STRUCTURE, CON STRUCTURE.
UH, I WAS WILLING TO BE, IF YOU WILL, LESS THAN SATISFIED, SHALL WE SAY, WITH THE HOUSE IN, UH, IN THE, IN THE REAR.
BUT AGAIN, I CAN ONLY SPEAK TO MY OWN, MY OWN VOTE ON THAT PARTICULAR CASE.
THE ONLY OTHER OPTION WE HAVE IS TO ZONE OF PROPERTY HISTORIC.
OTHERWISE, OUR VOTE OF CERTIFICATE OF APPROPRIATENESS REALLY DOESN'T HAVE ENOUGH TEETH FOR ENFORCEMENT.
AND THAT IS A, THAT IS ANOTHER PART OF OUR FRUSTRATION.
AND SO IF THE HLC WAS TO DENY THAT CERTIFICATE OF APPROPRIATENESS, WHAT, WHAT WOULD THE OPTIONS BE FOR THE, THE PROPERTY OWNER IN, IN A, UH, HISTORIC LOCAL, HISTORIC DISTRICT IF WE DENY? THAT WAS TIME.
AND I'M ANSWERING QUESTIONS IF THAT DOESN'T WELL, THE ISSUES WERE DOWN TO NINE MINUTES, SO IF YOU WANNA SURE.
I'LL PLEASE SAY, UH, SOMEONE CAN BASICALLY WAIT US OUT AND THEN A PERMIT WILL BE ISSUED OVER OUR OBJECTION.
ANY OTHER COMMISSIONERS Q AND A? I HAVE A QUESTION.
COMMISSIONER HAN, UH, CAN GO AHEAD AND TELL ME HOW, HOW WOULD AN APPLICANT WHAT YOU, HOW, TELL ME ABOUT THAT PROCESS.
WELL, THE PROCESS IS IF AN APPLICANT IS IN A HISTORIC DISTRICT, IT IS AUTOMATICALLY FLAGGED AND STAFF REVIEWS IT.
UH, UNDER CERTAIN CIRCUMSTANCES IT CAN BE RELEASED IF IT IS A, A VERY SIMPLE, UH, ITEM, MOST OFTEN, IF IT IS SOMETHING THAT NEEDS EXPERTISE,
[04:50:01]
UH, THEN IT IS BROUGHT IN FRONT OF THE COMMISSION.WE HAVE A PUBLIC HEARING, THERE'S NOTIFICATIONS AND AS IS THE CASE IN THIS SITUATION, IF THERE ARE QUESTIONS ABOUT WHETHER THIS IS SOMETHING THAT MEETS THE STANDARDS, BOTH GENERAL STANDARDS FOR HISTORIC PRESERVATION, BUT ALSO THE SPECIFICS OF EACH DISTRICT, WHICH ARE TAILORED TO THE HISTORIC NATURE OF THIS AREA, UH, THEN WE REFER THEM TO OUR ARCHITECTURE REVIEW COMMITTEE.
YOU MAY HAVE HEARD US TALK ABOUT THE A RC AND THESE ARE MEMBERS, AGAIN, VOLUNTEERS, PROFESSIONALS WHO ARE SPENDING ADDITIONAL TIME IN A MORE INFORMAL SETTING SO THAT THEY CAN FINE TUNE, UH, WHAT MIGHT BE DESIGN CHANGES OR RECOMMENDATIONS.
UH, AGAIN, IT'S ENTIRELY UP TO THE CAN THE APPLICANT TO FIRST COME TO THE COMMISSION BUT THEN COME BACK, UH, TO THE FULL COMMISSION FOR FINAL APPROVAL.
BUT, BUT ONCE YOU'VE DESIGNATED THE DISTRICT OR THE PROPERTY AS HISTORIC, THERE ARE LIMITATIONS THEN ON THE PROPERTY OWNERS.
AM I, AM I NOT? CORRECT? THAT IS CORRECT.
IF SOMEBODY, AND WE ARE VERY FRUSTRATED WHEN MEMBERS COME IN AND WE KNOW THAT THEY'VE BOUGHT INTO A DISTRICT AND THEY ARE VERY AWARE OF THE STANDARDS AND THEY ARE NOT INTERESTED IN ADHERING TO THEM.
SO THAT IS OUR BIG FRUSTRATION IN THIS CASE.
UH, YOU COULD SAY WE SORT OF HAVE A HALF FULL, UH, PICTURE THE BUILDING IN THE FRONT, THE CONTRIBUTING STRUCTURE IS BEING MAINTAINED AND THAT IS A VERY IMPORTANT ELEMENT.
AND MANY OF THE CASES THAT WE HAVE IN FRONT OF US, I SOMETIMES REFER TO IT AS THE CARNAGE PART OF OUR AGENDA.
IT'S WHERE THESE ARE DEMO REQUESTS AND WE DON'T HAVE A LOT OF SAY.
SO IF AN OWNER IS DETERMINED TO TEAR THEIR BUILDING DOWN AND, AND THEY CAN DO THAT EVEN THOUGH THEY'RE IN THE DISTRICT.
POINT OF CLARIFICATION, THE HISTORIC LANDMARK COMMISSION HAS APPROVED DENY AUTHORITY.
I'LL USE MY TIME TO GO AHEAD AND LET YOU ANSWER THAT AND THEN WE'LL MOVE ON.
UH, THE, THE HISTORIC LANDMARK COMMISSION HAS APPROVED DENY AUTHORITY OVER DEMOLITIONS IN LOCAL HISTORIC DISTRICT, NOT IN NATIONAL REGISTER DISTRICT.
UH, THANK, YEAH, THANK YOU FOR THE CLARIFICATION.
IF, IF WE DON'T ISSUE IT, UH, A FULL DEMOLITION.
ANY OTHER COMMISSIONERS WITH Q AND A ON THIS ITEM? SEEING NONE.
UH, HOW ABOUT A MOTION COMMISSIONER JOHNSON? UM, I MOVE TO APPROVE THE STAFF RECOMMENDATION.
UM, I SUPPOSE THAT'S DENYING THE APPEAL, IS THAT CORRECT? DENYING THE APPEAL? IS THERE A SECOND? COMMISSIONER WOODS.
ANY DISCUSSION? UM, I WOULD JUST SAY BRIEFLY THAT I THINK OUR, OUR TASK TONIGHT IS BOTH TO DETERMINE THE ANSWER TO THE QUESTION OF, OF WHETHER THE A LC UH, FOLLOWED THE RULES CORRECTLY, UM, MORE THAN ANYTHING.
AND I BELIEVE THEY DID, AS, AS I UNDERSTAND IT, CODE REQUIRES THEM TO CONSIDER THE HISTORIC DISTRICT GUIDELINES AND NOT STRICTLY APPLY THEM IN ALL CIRCUMSTANCES.
AND SO REALLY THE QUESTION BEFORE IS, IS IS DO WE FEEL THAT THE HLC ADEQUATELY CONSIDERED THOSE GUIDELINES? I THINK IT'S CLEAR THAT THEY CONSIDERED THEM.
UM, THAT NOTWITHSTANDING, I THINK IT'S ALSO CLEAR THAT THE PROPOSED STRUCTURE, UH, DOESN'T SIGNIFICANTLY DETRACT FROM THE HISTORIC DISTRICT.
THAT THE CONTRIBUTING STRUCTURE ON THE FRONT OF THE PROPERTY HAS REMAINED, UH, IMPACT AND IMPROVED.
AND, AND I DON'T SEE ANY REASON TO, UH, DENY THIS.
ANYONE SPEAKING AGAINST THIS MOTION? COMMISSIONER COX? I'M PROBABLY GONNA END UP ABSTAINING SIMPLY BECAUSE, UM, I, I HEAR WHAT COMMISSIONER JOHNSON'S SAYING, BUT THE ONLY FEEDBACK THAT I'M AWARE OF WAS SIMPLIFY ROOF LINES AT SECONDARY ELEVATION IF POSSIBLE FROM THE ARCHITECTURAL COMMITTEE.
THAT'S THE ONLY THING THAT'S IN OUR BACKUP THAT I SEE.
AND, AND I DON'T REALLY SEE A SPECIFIC ADDRESSING OF, OF THE HEIGHT ISSUE, UM, WHICH I DO THINK IS IMPORTANT IN OUR HISTORIC DISTRICTS.
AND SO IT COULD VERY WELL BE THAT, THAT ALL OF THIS WAS WELL CONSIDERED AND THE CONSTRAINTS THAT WE HAVE MEAN THAT IT SHOULD BE APPROVED.
BUT I JUST DON'T FEEL COMFORTABLE AT THIS POINT THAT I ACTUALLY HAVE ENOUGH INFORMATION TO SAY THAT.
AND SO, UM, I'LL BE ABSTAINING FROM THE VOTE.
ANYONE IN FAVOR AGAINST? OKAY, LET'S TAKE A VOTE.
ALL THOSE IN FAVOR OF DENYING THIS APPEAL, PLEASE RAISE YOUR HAND OR SHOW GREEN.
AND YELLOW AND RED, IF YOU'D NOW RAISE AND, AND STAY UP YELLOW.
THAT, THAT ITEM PASSES, OR EXCUSE ME, THAT ITEM FAILS WITH HANES AZAR, NADI RA, RAMIREZ, AND COX ABSTAINING.
OKAY, Y'ALL, WE HAVE THREE MINUTES LEFT.
[23. LDC Amendment: C20-2024-011 - DB90 Revisions]
WELL, WE HAVE THREE MINUTES.I JUST QUICKLY NEED TO DO ONE THING.
SO WE, UM, ARE LOOKING AT, I'M SORRY, THE DB 90 REVISIONS.
IF I CAN MAKE A MOTION THAT WE POSTPONE IT TO OUR,
[04:55:01]
UH, JULY 23RD MEETING.DO WE WANNA MAKE THAT MOTION FOR ALL THE ITEMS WE HAVE REMAINING OPEN? UH, PARTICULARLY FOR THAT ONE CHAIR, WE NEED TO DO IT BECAUSE IT HAS A PUBLIC HEARING SET ALREADY, SO THAT'S WHY I'M TRYING TO DO THAT ONE.
AND NEED A SECOND FROM COMMISSIONER COX? ANY DISCUSSION? OKAY.
ALL THOSE IN FAVOR, PLEASE SHOW GREEN OR RAISE YOUR HAND THAT PASSES UNANIMOUSLY.
AND, AND THEN CHAIR TO YOUR QUESTION, IF WE COULD CHECK IN WITH STAFF IF WE NEED TO WRAP UP ANY ESSENTIAL BUSINESS BEFORE WE GET TO THE END OF THE MEETING.
[Items 25 & 27 - 28]
ANYTHING WE NEED TO WRAP UP? I'M SEEING SOME ITEMS WE HAVEN'T GOTTEN TO YET.UM, SO WE, IF WE'RE ENDING THE MEETING, WE WOULD JUST NEED TO POSTPONE ALL THE REST OF THE ITEMS. OKAY.
DOES SOMEONE CARE TO MOVE TO POSTPONE ITEMS 23, 25, 27 AND 28 TO OUR NEXT MEETING? SEE COMMISSIONER COX? THUMBS UP.
IS THERE A SECOND? COMMISSIONER JOHNSON? WE'VE ALREADY POSTPONED 23, SO IT WOULD JUST BE 25, 27 AND 28.
I'M SORRY, I THOUGHT 27 WAS ON CONSENT.
I THOUGHT WE HAD TO DO 23 TONIGHT.
UM, CAN THAT BE POSTPONED TO AUGUST 27TH WITHOUT OBJECTION.
IF IT CAN'T, BRENT LLOYD, DSD DEVELOPMENT OFFICER, IF IT, IF IT CAN'T BE HEARD TONIGHT, WE WOULD PREFER AUGUST 27TH.
WE HAVE ESSENTIAL STAFF THAT ARE OUT IN JULY AND IT'S DONE.
IS EVERYTHING CLEAR? COMMISSIONER ZA, WOULD YOU LIKE TO RESTATE THAT MOTION? YES.
I'LL GO AHEAD AND RESTATE THAT MOTION.
SO ITEM NUMBER 24, UH, GOES TO AUGUST, UM, AUGUST 23RD.
UH, 27TH GOES TO NEXT MEETING.
28 GOES TO NEXT MEETING COMMISSION.
OKAY, EVERYONE RAISE GREEN IF YOU AGREE WITH THAT.
BELIEVE THAT PASSES UNANIMOUSLY.
CAN I, CAN I ASK ONE CLARIFYING QUESTION ABOUT THE LAST, UH, ITEM? UM, WE ARE NOW OUT OF TIME TABLE WORKING GROUP.
SO WE, WE WE HAVE ONE MORE MINUTE.
WHICH ITEM ARE YOU REFERRING TO, MR. COX? I WAS JUST WONDERING WHAT HAPPENS TO THE APPEAL? NOTHING HAPPENED.
I THINK IT GOES TO COUNSEL WITH NO, OR IT GOES THE APPEAL.
ESSENTIALLY IT CAN BE APPEALED AGAIN, BUT I THINK AT THIS POINT THE APPEAL FAILS IS MY UNDERSTANDING.
MS. CORONA, UNLESS THERE'S ANYTHING FURTHER WE NEED TO DO TODAY, DO WE NEED TO POSTPONE THE WORKING GROUP? UM, UPDATES? WE WILL TABLE THOSE UNTIL THE NEXT MEETING.
WITHOUT OBJECTION, WE'RE ADJOURNED.