[00:00:03]
[CALL TO ORDER]
PRESENT WITHIN THE COUNCIL CHAMBERS.I NOW CALL THIS MEETING OF THE PLANNING COMMISSION TO ORDER AT 6:12 PM SO FIRST OFF, WE WILL TAKE, UH, ROLL CALL AND, UM, I'LL GO IN ALPHABETICAL OR ORDER AS YOU SEE IN THE AGENDA.
COMMISSIONER HOWARD IS ABSENT.
AND I'D LIKE TO RECOGNIZE OUR EXOFFICIO MEMBERS, UM, WITH, UH, BOARD MEMBER WITH CANDACE HUNTER.
UM, JESSICA, UH, BOARD OF ADJUSTMENTS CHAIR, JESSICA COHEN WILL BE JOINING US LATER.
SO, UM, BEFORE WE DIVE INTO THE CONTENTS OF TONIGHT'S MEETING, I WANNA RECOGNIZE THE PASSING OF, UM, A REALLY AMAZING AUSTIN KNIGHT, UH, CHRIS RILEY, WHO IS A FORMER CITY COUNCIL MEMBER PLANNING COMMISSIONER, AND A PROPONENT OF URBAN LIVING WALKABILITY AND BIKEABILITY.
CHRIS PASSED AWAY AT HOME ON JULY 28TH AFTER SEVERAL YEARS OF DEALING WITH CANCER, AND I'M GONNA HAND IT OVER TO COMMISSIONER ANDERSON TO SAY A FEW WORDS.
AND I HOPE EVERYONE UP HERE GETS A CHANCE TO SAY SOMETHING BRIEFLY ABOUT HIM, BUT YOU JUST DON'T GET BIGGER HEROES OF, OF JUST A VISION FOR A CITY AND A WAY A CITY COULD BE.
AND UNDERSTANDING THE SHORTCOMINGS OF A CITY AND PUTTING EVERYTHING OUT THERE AND FIGHTING FOR A CITY.
AND, AND I, I JUST GOTTA SHARE, AT THE VERY, VERY END, HE KNEW WHAT HE WAS FACING AND HE OPENED UP HIS HOME TO EVERYBODY TO COME IN AND EVERYBODY JUST TO TALK ABOUT AUSTIN AND LIVING AND ALL THE THINGS THAT MATTER TO THEM.
AND THE DAY OF HIS BIG BIRTHDAY PARTY, THEY WERE LIKE, HOW ARE YOU GONNA GO TO YOUR BIRTHDAY PARTY? HE'S LIKE, THEY CAN'T KEEP ME IN THE HOSPITAL.
AND HE WAS JUST SO, THAT WAS JUST HIM, JUST FOREVER FULL OF PASSION AND SPIRIT AND WE'RE ALL GONNA MISS HIM.
AND HE'S JUST DID SO MUCH FOR THIS CITY AND, AND WE'RE, WE'RE LUCKY TO HAVE HIM.
AND, AND CHRIS RILEY BEND IS RIGHT OVER HERE.
HOPEFULLY YOU GET TO ALL GO WALK OR BIKE BY IT SOMETIME SOON.
BUT, UH, WE HAD A REAL HERO THERE AND WE'RE ALL LUCKY FOR IT.
IS THERE ANYONE ELSE THAT WANTED TO, UM, SAY A FEW WORDS OTHERWISE I CAN MOVE ON.
I KNOW WE ALL REMEMBER HIM FONDLY.
UM, YEAH, I ALSO JUST WANTED TO SHARE THAT, UM, WE ARE ALREADY MISSING CHRIS, BUT WE FEEL SO BLESSED TO BE IN HIS LEGACY AND FOR THOSE WHO ARE UNABLE TO ATTEND, HE HAD A WONDERFUL, UM, SERVICE LAST WEEK AND MANY OF OUR, I'D SAY CURRENT AND PAST AUSTIN LEADERS WERE THERE TO REMEMBER CHRIS AND, AND WHAT HE DID FOR THE CITY.
AND I, I THINK SOMETHING FOR US TO REMEMBER AS PLANNING COMMISSIONERS IS THAT HE SERVED IN THIS ROLE AND REALLY UNDERSTOOD THE IMPORTANCE OF WHAT WE'RE TRYING TO BUILD AND WHAT WE'RE TRYING TO DO AS A CITY.
AND I THINK THAT, UM, ESPECIALLY TONIGHT, BUT ALWAYS TO REMEMBER THAT GROWING A CITY IS NOT AN EASY TASK.
AND SOMETIMES WE'RE ASKED TO DO HARD THINGS AND I THINK CHRIS SHOWED US A LOT OF LEADERSHIP AND SERVICE IN THAT.
AND I'M SO LUCKY THAT I GOT TO KNOW HIM, BUT ALSO THAT WE GET TO LIVE IN HIS LEGACY AND I HOPE THAT WE CAN CARRY ON MANY OF THOSE TRADITIONS.
UM, SO AS USUAL, WE HAVE A HYBRID MEETING, UH, ALLOWING FOR A VIRTUAL QUORUM AS LONG AS THE COMMISSIONER, SERVING AS CHAIR, MYSELF AS PRESIDENT IN CHAMBERS.
SO WE HAVE, UM, ALSO COMMISSIONERS ATTENDING VIRTUALLY.
WE CAN HAVE SPEAKERS ATTEND VIRTUALLY, UM, OR IN PRESENT IN CHAMBERS.
AND, UM, JUST REMEMBER TO, UH, FOR OUR VIRTUAL COMMISSIONERS, PLEASE HAVE YOUR, YOUR SIGN IN SHEET READY AND YOUR RED, YELLOW AND GREEN VOTING ITEMS. UM, ALRIGHT, FOR THOSE MADAM CHAIR YES.
WOULD YOU RECOGNIZE ME TO ADD AN AGENDA ITEM TONIGHT TO THE, UH, TO THE AGENDA? UM, SOMETHING ALONG THE LINES OF SUMMER AND BARCELONA SLIDESHOW TO FOLLOW
UM, ALRIGHT, SO, UH, FOR OUR COMMISSIONERS WHO, UH, OR SORRY, OUR, OUR VIRTUAL SPEAKERS, UM, YOU'LL RECEIVE AN EMAIL PRIOR TO THE COMMISSION TAKING UP YOUR ITEM.
UM, REMINDER THAT YOU CAN ALSO DONATE TIME.
SPEAKERS CAN DONATE, DONATE TIME, BUT THE SPEAKER DONATING TIME AND THE SPEAKER RECIPIENT MUST BE PRESENT IN PERSON WHEN THE ITEM IS CONSIDERED.
UM, ALL RIGHT, SO, UH, OUR FIRST ACTIVITY TODAY IS TO VOTE ON THE CONSENT AGENDA.
ITEMS THAT ARE CONSENT APPROVAL, DISAPPROVAL, POSTPONEMENTS OF PUBLIC HEARINGS OR
[00:05:01]
NON-DISCUSSION ITEMS, VICE CHAIR ZAR WILL READ THE PROPOSED CONSENT AGENDA AND IDENTIFY THOSE THAT ARE CONSENT, POSTPONEMENT AND NON-DISCUSSION AND COMMISSIONERS.YOU'LL HAVE THE OPPORTUNITY TO REQUEST CONSENT ITEMS BE PULLED FOR DISCUSSION.
SO, VICE CHAIR, UM, I'M SORRY, I DID SKIP OVER THAT.
UM, MS. CORONA, DO WE HAVE ANY PUBLIC SPEAKERS SIGN UP FOR PUBLIC COMMUNICATION? ELLA GARCIA PLANNING DEPARTMENT.
WE CHAIR, THERE IS NO ONE SIGNED UP FOR PUBLIC COMMUNICATION.
[APPROVAL OF MINUTES]
WE DO NEED TO, UH, I'LL OPEN UP THE JULY 9TH MINUTES, UM, FOR ANY EDITS, ANY COMMENTS OR QUESTIONS ON THOSE MINUTES? OKAY.SEEING NONE, UH, THOSE WILL BE ADDED TO THE CONSENT AGENDA AS IS.
SO VICE CHAIR, THANK YOU CHAIR.
UM, STARTING WITH OUR PUBLIC HEARING
[Consent Agenda]
ITEMS IS ITEM NUMBER TWO, WHICH IS A REZONING C EIGHT 14 DASH 2023 DASH 0 5 7 200 EAST RIVERSIDE BUDD, DISTRICT NINE.THIS ITEM IS UP FOR A PC POSTPONEMENT TO AUGUST 10TH, UM, SEPTEMBER 10TH, OH, SORRY, SEPTEMBER 10TH.
UH, I, NUMBER THREE IS A PLAN AMENDMENT NPA DASH 2023 DASH ONE 7.01 ANDERSON SQUARE, DISTRICT FOUR.
THIS ITEM IS UP FOR JOINT POSTPONEMENT BY THE NEIGHBORHOOD AND THE APPLICANT TO AUGUST 27TH.
UM, ALSO OFFERED FOR CONSENT I NUMBER FOUR IS THE REZONING C 14 DASH 2023 DASH EIGHT ZERO, ANDERSON SQUARE DISTRICT FOUR.
UM, THIS IS ASSOCIATED ZONING CASE.
THIS IS ALSO UP FOR CONSENT FOR JOINT POSTPONEMENT BY THE NEIGHBORHOOD AND APPLICANT TO AUGUST 27TH.
I NUMBER FIVE IS A PLAN AMENDMENT NPA DASH 2023 DASH 0 2 0 1 CHRISTCHURCH PLANNING DISTRICT THREE.
THE ITEM IS UP FOR DISCUSSION TODAY.
I NUMBER SIX IS, UH, THE ASSOCIATED ZONING CASE.
C 14 DASH 2 24 DASH ZERO ZERO CHRISTCHURCH PLANNING SOUTH DISTRICT THREE.
THE ITEM IS UP FOR DISCUSSION, OTHER ASSOCIATED REZONING CASES C 14 DASH 2024 DASH ZERO SEVEN CHRISTCHURCH PLANNING NORTH DISTRICT TI NUMBER SEVEN.
THIS ITEM IS UP FOR DISCUSSION I NUMBER EIGHT IS A PLAN AMENDMENT NPA DASH 2023 DASH 0 0 5 0.01 TOPLESS FAIRWAY MIXED EXCUSE DISTRICT THREE.
THE ITEM IS OFFERED UP FOR CONSENT.
THAT ONE'S BEEN PULLED FOR DISCUSSION AS AS NUMBER NINE.
THAT ONE WAS PULLED FOR DISCUSSION.
SO THAT I AM IS OFFERED FOR DISCUSSION TODAY.
I NUMBER NINE, THE ASSOCIATED REZONING TO THE PLAN AMENDMENT C 14 DASH 2 24 DASH 15 OPS FAVOR, MIXED USE DISTRICT C ASSIGNMENT IS ALSO OFFERED FOR DISCUSSION I NUMBER 10 IS A PLAN AMENDMENT NP DASH 2 24 DASH 0 2 4 0 1 2700 GRACIE FARMS LANE, DISTRICT SEVEN.
THE ASSOCIATED REZONING ITEM NUMBER 11 C 14 DASH 2 24 DASH 5 2700 GRACIE FARMS DISTRICT SEVEN.
I NUMBER 12 IS A PLAN AMENDMENT AND PA DASH 2 24 DASH TWO SIX SH 2 0 4 EAST BERG LANE, DISTRICT FOUR.
THIS ITEM IS OFFERED FOR CONSENT I NUMBER 13 IS A REZONING C 14 DASH 2024 DASH 0 0 6 7 SH 2 0 4 EAST BURG LANE, DISTRICT FOUR.
UM, THIS ITEM IS ALSO OFFERED, OFFERED FOR CONSENT I NUMBER 14.
UM, IS A REZONING C 14 DASH 2023 DASH 0 1 3 9 OAK CREEK VILLAGE, PHASE TWO DISTRICT THREE.
THIS ITEM IS OFFERED FOR CONSENT I NUMBER 15, REZONING C 14 DASH 2 24 DASH 0 2 3 4 5 0 7 MIN CHAKA DISTRICT FIVE.
THIS ITEM IS OFFERED FOR CONSENT I NUMBER 16, REZONING C 14 DASH 20 20 24 DASH 0 8 0.
UH, 5 5 9 3 1 DIT CIRCLE REZONING DISTRICT FOUR.
THIS ITEM IS UP FOR DISCUSSION.
DISCUSSION POSTPONEMENT POSTPONEMENT TO, UH, SEPTEMBER 10TH.
ITEM NUMBER 17 IS A REZONING C 14 DASH 2024 DASH 0 0 7 5 9 0 1 12 RESEARCH DISTRICT FOUR.
THIS ITEM IS OFFERED FOR CONSENT I NUMBER 18 C 14 DASH 2024 DASH FIVE FM 9 6 9 DISTRICT ONE.
THIS ITEM IS ALSO OFFERED FOR CONSENT I NUMBER 19, UM, REONE C 1423 DASH 0 1 35 1500 AND 1600 ROYAL CREST DISTRICT THREE.
THIS ITEM IS OFFERED FOR CONSENT I NUMBER 20 C 14 DASH 2024 DASH 0 0 7 2 GARZA TWO DISTRICT EIGHT.
THIS REZONING IS OFFERED FOR CONSENT I NUMBER 21.
IT'S ALSO REZONING C 14 DASH 2024 DASH 0 0 88 OTX DESIGN, DISTRICT FIVE.
THIS ITEM IS OFFERED FOR CONSENT I NUMBER 22 IS A REZONING C EIGHT 14 DASH 82 DASH 0 0 6 0 2 83 LAKE AUSTIN COMMONS, BUDD AMENDMENT DISTRICT NINE.
THIS ITEM IS, UH, OFFERED FOR CONSENT NEIGHBORHOOD POSTPONEMENT TO UM, SEPTEMBER 10TH.
I NUMBER 23 IS A REZONING C 14 DASH 2024 DASH 0 0 6 6 1500 CROSSING PLACE DISTRICT THREE.
I NUMBER 24 IS A REZONING C 14 DASH 2024 DASH 3 0 8 1-830-AIRPORT DB 90 REZONING DISTRICT THREE.
THIS ITEM IS OFFERED FOR CONSENT.
UH, I NUMBER 25 IS A CONSENT AGREEMENT AMENDMENT, UH, C 12 M TO DASH 2024 DASH ZERO FIVEFIELD MUD CONSENT AGREEMENT.
THIS ITEM IS OFFERED FOR CONSENT
[00:10:01]
I NUMBER 26 IS A PUT AMENDMENT C EIGHT 14 DASH 2014 DASH 0 8 3 0 1 SUN DISTRICT FIVE.THIS ITEM IS ALSO OFFERED UP FOR CONSENT WITH THE RECOMMENDATIONS OF THE ENVIRONMENTAL COMMISSION INCLUDED I NUMBER 27 IS AN LDC AMENDMENT C 20 DASH 2023 DASH 26 LIVE MUSIC AND CREATIVE SPACE BONUS PHASE TWO.
THIS ITEM IS OFFERED FOR CONSENT POSTPONEMENT BY THE COMMISSION TO SEPTEMBER 10TH.
I NUMBER 28 IS THE LOCAL AMENDMENT, UH, TO THE INTERNATIONAL RESIDENTIAL CODE AND INTERNATIONAL BUILDING CODE.
THIS ITEM IS OFFERED UP FOR DISCUSSION TONIGHT.
VICE CHAIR, DO ANY COMMISSIONERS NEED TO RECUSE OR ABSTAIN FROM ITEMS ON THE AGENDA? MADAM CHAIR? I DID.
I, I'M SORRY I WASN'T LISTENING INTENTLY, MR. VICE CHAIR, BUT ITEM NUMBER 15, IS THAT STILL ON CONSENT? SO, UM, WE ARE KEEPING ON CONSENT.
WHAT WE'LL DO IS WE HAVE THREE SPEAKERS SIGNED UP IN OPPOSITION AND WE'LL LET THEM SPEAK DURING THE CONSENT AGENDA, UM, ONCE WE GET TO THAT POINT.
AND THEN IF A COMMISSIONER WISHES TO PULL AFTER HEARING THE SPEAKERS, THEY CAN DO SO.
I'M GONNA BE RECUSING ON ITEMS 25 AND 26.
UH, I WORK AT AUSTIN HABITAT FOR HUMANITY AND THEY WILL BE BUILDING ON A PART OF THIS LAND.
YES, I'M GONNA BE RECUSING ON ITEMS 25 AND 26.
UM, SEVERAL OF MY CLIENTS, UM, OPPOSE, UM, IN GENERAL, UH, MUDS AND IN PARTICULAR, UH, THE, THE MUD THAT IS IN QUESTION HERE HAS A TAX RATE OF 90 CENTS PER HUNDRED.
THAT'S NINE 0 CENTS PER HUNDRED.
THAT IS THE ADDITION OF THE CITY OF AUSTIN, THE TRAVIS COUNTY, UH, TAX RATE AND E ES, UH, ESD NUMBER 11, WHICH SERVES THIS AREA.
IT IS 4 CENTS LESS THAN THE COMBINED DISTRICT OF ALL OF THOSE TAXING ENTITIES COMBINED.
AND WE'RE GONNA PUT FOLKS THAT ARE, UM, SEEKING AFFORDABLE HOUSING OUT THERE AND SADDLE THEM WITH DEBT AND TAXES THAT, UM, THAT ARE HIGH.
AND I'M GONNA, I'M NOT A PART OF THAT AND I'M GONNA RECUSE I OKAY.
UM, OTHER RECUSALS? ABSTENTIONS.
UM, CHAIR, IF WE WANNA PULL AN ITEM, WHEN WOULD YOU LIKE? UH, YES, YOU CAN LET ME KNOW.
I'M WORKING MY WAY DOWN THE LIST, BUT, UM, DID YOU WANNA PULL AN ITEM? IT SOUNDS LIKE THAT ONE MIGHT NEED TO BE PULLED FOR DISCUSSION.
SO WE'RE PULLING ITEM NUMBER 25 FOR DISCUSSION.
MS. GARCIA, DO WE HAVE ANY SPEAKERS SIGNED UP TO SPEAK ON SOME OF THE CONSENT ITEMS? I'M THINKING NUMBER 15, THE MINKA ROAD CASE.
WE ALSO HAVE TWO SPEAKERS SIGNED UP IN OPPOSITION ON ITEM NUMBER 14.
OKAY, LET'S HEAR, UH, 14 FIRST AND THEN WE'LL HEAR THE SPEAKERS FOR ITEM 15.
AND AFTER WE HEAR THOSE SPEAKERS, UM, IF COMMISSIONERS WISH TO PULL FOR DISCUSSION, WE CAN DO SO.
WE WILL FIRST BE HEARING FROM JOHN CERVANTES.
HE IS THE PRIMARY SPEAKER IN OPPOSITION.
JOHN, YOU'LL HAVE FIVE MINUTES.
HELLO? UH, SO I'M, GO AHEAD AND JUST START IT.
I'M A TENANT ORGANIZER FOR BASA.
AND I AM SPEAKING TODAY ON BEHALF OF ITEM 14, UH, WHICH IS OAK CREEK VILLAGE IN WHICH EUREKA HOLDINGS IS APPLYING TO REZONE REDEVELOP THE APARTMENT STRUCTURES LOCATED ON 2302, UH, DERWOOD STREET HERE IN AUSTIN, TEXAS.
UH, I'VE BEEN HELPING OAK CREEK VILLAGE AND LUCERO TENANTS, UH, GET THEMSELVES ORGANIZED, UM, TO GET THEIR ISSUES ADDRESSED AND HEARD BY MANAGEMENT AND PROPERTY OWNERS.
RENEE AND WILL CAMPOS RECENTLY.
SOME OF THE PROPERTY, SOME OF THE PROBLEMS ON THE PROPERTY ARE PEST CONTROL, UH, REPAIR ISSUES AND UNPROFESSIONAL MANAGEMENT, UH, AS WELL AS HEALTH AND SAFETY THREATS FROM UNSAFE CONSTRUCTION PRACTICES.
UH, EUREKA AND ITS REPRESENTATIVES HAVE MET WITH US AND THE TENANTS ASSOCIATIONS, AND WE ARE WORKING TO COME TO AN ON AN AGREEMENT.
AND WE ALSO HAVE, HAVE MET WITH OAK CREEK VILLAGE TENANTS TO DISCUSS THEIR CONCERNS REGARDING POTENTIAL DISPLACEMENT AND WHAT PROTECTIONS THEY WOULD LIKE TO SEE.
AT THIS TIME, WE ARE NOT ASKING TO POSTPONE THE ZONING CASE, AS WE KNOW.
IT HAS BEEN POSTPONED A NUMBER OF TIMES ALREADY, AND EUREKA HAS TAKEN SOME POSITIVE STEPS.
AND WHILE THERE ARE, WHILE THERE HAVE BEEN DISTASTEFUL OCCURRENCES IN THE PAST,
[00:15:01]
WE WE DO NOT WANT TO FOCUS ON THEM, BUT RATHER WORK TO RESOLVE THE PROBLEMS TENANTS ARE CURRENTLY FACING AND MAKE SURE TENANTS HAVE SOME PROTECTIONS WHEN THEY'RE DISPLACED.WE, HOWEVER, DO WANT TO EMPHASIZE THAT WE MUST SEE SIGNIFICANT PROGRESS IN THE CURRENT TENANT'S ISSUES BEFORE WE WOULD NOT OPPOSE THE FINAL APPROVAL OF THIS CASE.
TENANTS AT LUCERO HARM DAILY AS THEY NAVIGATE LIVING IN AN UNSAFE CONSTRUCTION SITE AND OAK CREEK VILLAGE, TENANTS HAVE REPORTED ISSUES.
REP HAVE REPORTED ISSUES, SERIOUS REPAIR ISSUES SUCH AS NO AC AND ONE TENANT WHO DID NOT HAVE A REFRIGERATOR FOR OVER A YEAR.
THIS, IN ADDITION TO WHAT HAS APPEARED TO BE SIGNIFICANT LEDGER ISSUES CAUSED BY A DEPARTING MANAGER, UH, WE ARE HOPEFUL THAT EUREKA WILL TAKE STEPS TO IMMEDIATELY CORRECT SUCH PROBLEMS. OF COURSE, DEPEND DEPENDABLE COMMUNICATION IS ESSENTIAL FROM NOW UNTIL REDEVELOPMENT IS COMPLETED.
AND EVEN AFTER THIS IS TO ENSURE THAT EUREKA MANAGEMENT AND EUREKA HOLDINGS ARE BEING RESPONSIVE, ARE BEING RESPONSIVE TO TENANTS WITH THEIR AUTHORITY AND NOT ALLOWING COMMITMENTS TO FALL THROUGH THE CRACKS OF TIME.
THANK YOU SO MUCH FOR YOUR TIME.
YOU THANK YOU FOR YOUR COMMENTS.
WE WILL NOW BE HEARING FROM THOMAS MORALES.
TOMAS, YOU'LL HAVE THREE MINUTES.
MY NAME IS TOMA MORALES AND I'M A RESIDENT AT OAK CREEK VILLAGE APARTMENTS.
UH, THE MANAGER, UH, TIFFANY MOORE WAS A NICE PERSON AT THE BEGINNING.
LATER SHE CHANGED HER, HER ATTITUDE WITH ME.
ONE TIME I GOT MY VEHICLE TOWED AWAY AND I DID QUESTION A TOW DRIVER ABOUT THE OTHER VEHICLES WITH FLAT TIRES, UH, EXPIRED TAG.
NEXT DAY I HAVE A PAPER POSTED ON MY DOOR TO BACK THE PROPERTY.
UH, THEN, UH, I HAD ONE WEEK WITHOUT NO POWER DURING THE ICE STORM, BUT NO CREDIT OR ASSISTANCE WAS, UH, GIVEN TO ME.
IN JANUARY 9TH, 2023, MY REFRIGERATOR WENT OUT.
I MADE A PHONE CALL TO REPORT IT ON MONDAY, THE MAINTENANCE, CHECK IT, CHECK IT OUT AND SAY THAT I NEEDED A NEW ONE.
HE SAY THEY HAVE TO ORDER ONE DAYS LATER.
I ASKED TIFFANY ABOUT, ABOUT WHAT HAPPENED WITH THAT, AND SHE SAID, I WILL NEVER GET ONE, UH, UNTIL THIS MONTH.
AND, AND THE REASON I GOT IT IS BECAUSE TIFFANY IS GONE THIS MONTH.
I PAID THE RENT AND THEY SAY I HAD A, I HAVE A BALANCE OF $2,000.
AND I QUESTION, WHERE DID THAT CAME FROM? GOT NO ANSWER.
NEXT DAYS I GOT ANOTHER PAPER SAYING THAT, UH, I OWE THEM ANOTHER 285.
WHERE'S THAT CAME FROM? NO ANSWER.
AND UH, ALSO AT OAK CREEK VILLAGE, NOW WE HAVE AN ELECTRIC CHARGE, BUT WE, WE DON'T HAVE A METERS TO RECORD HOW MUCH POWER WE ARE USING.
AND THEN ALSO ONE TIME, UH, TIFFANY CAUGHT THE POWER TO ONE OF THE RESIDENTS FOR ONE WEEK.
AND THIS RES RESIDENT NEEDED THE POWER TO HAVE OXYGEN.
SO WHAT SHE DID, SHE PUT HIS LIFE ON A RISK AND DER
AND DID I GET A, A DISCOUNT OR A FREE RENT FOR NOT HAVING A REFRIGERATOR? NEVER.
AND, BUT, BUT THEY ALL THE, THEY ALWAYS WANTED THE WHOLE PAYMENT ON THE RENT, BUT THEY NEVER FIXED THE PROBLEMS THAT WE WERE FACING.
WE'LL FIRST BE HEARING FROM RAY COLLINS.
RAY IS THE PRIMARY SPEAKER IN OPPOSITION.
RAY, YOU WILL HAVE FIVE MINUTES.
MY NAME IS RAY COLLINS, I CHAIR THE SOUTH MINCHA NEIGHBORHOOD PLAN CONTACT TEAM.
UH, IN YOUR BACKUP, YOU WILL FIND A LETTER OF UNANIMOUS OPPOSITION TO A DRIVE THROUGH.
THERE IS NO OPPOSITION TO THE COFFEE SHOP.
THE CONTACT TEAM IS LEAVING THE LETTER OF OPPOSITION IN TO THE DRIVE THROUGH IN PLACE AS A SIGNED POST OF OUR OPPOSITION TO HOW THE PROPERTY MIGHT BE DEVELOPED BY A COMMERCIAL DEVELOPER,
[00:20:01]
GIVEN THAT THE OWNER IS NOT THE DEVELOPER.IN FACT, WE COULDN'T WITHDRAW IT WITHOUT A MEETING AND A VOTE AND THE APPLICATION.
AND THE APPLICANT BROUGHT THE ERROR IN THE ZONING CASE TO MY ATTENTION BY TEXT AND EMAIL.
MONDAY AT 12:30 PM DAVID FOSTER, A CONTACT TEAM MEMBER WILL SPEAK OF THE LONG-TERM NEIGHBORHOOD OPPOSITION TO THE A DRIVE-THROUGH IN THE SCHOOL ZONE, THE COOPERATION OF ELTO ON AN ADJACENT PROPERTY WITH THE NEIGHBORHOOD'S WISHES AND WHATEVER ELSE AS HE SEES FIT.
OUR SECRETARY, SUSAN SCH WILL DETAIL WHAT IS GOING TO HAPPEN AND IF A DRIVE THROUGH IS PERMITTED.
FIRST IN MY OWN PRESENTATION, I'LL POINT OUT THAT THE STAFF REPORT MAKES NO MENTION OF JOSLYN ELEMENTARY OR THE SCHOOL ZONE.
SAFE ROUTES TO SCHOOL HAS SPENT CONSIDERABLE BOND MONEY ON SIDEWALKS IN PARTICULAR.
AND WE DON'T WANT TO SEE SUCH PEDESTRIAN SAFETY MEASURES SQUANDERED BY VEHICLES ENTERING AND EXITING ANY DRIVE THROUGH BUSINESS ACROSS THOSE SIDEWALKS IN THE SCHOOL ZONE.
WHAT NO ONE TO MY KNOWLEDGE HAS CONSIDERED IS THE STAFF REPORT IN THE STAFF REPORTER ELSEWHERE, IS THAT ALL THREE OF THE COUNCIL MEMBERS WHO REPRESENT DIFFERENT PARTS OF SOUTHWOOD, THAT IS COUNCIL MEMBERS RYAN AL ALTER, FUENTES AND VELASQUE, AND TWO OTHERS, COUNCIL MEMBERS ELLIS AND ALLISON ALTER SIGNALED THEIR SUPPORT FOR CITY LEAP IN A MAY 24TH MEMO TO CITY MANAGER BROAD NEXT CITY LEAP ARISES FROM THE COUNCIL RESOLUTION FOR THE DEVELOPMENT OF AN ENVIRONMENTAL INVESTMENT PLAN FROM A JULY 16TH JOINT MEETING OF THE PEDESTRIAN AND BICYCLE ADVISORY COMMITTEES.
AND FROM AN APRIL MEETING OF THE JOINT SUSTAINABILITY COMMITTEE, CITY LEAP ENVISIONS TWO VEHICLES LANES DEDICATED BUS LANES FOR THE UPCOMING EXPANSION OF THE 8 0 3 ROUTE AND BICYCLE LANES ON MENSCH A CAR-CENTRIC DRIVE THROUGH, THUS HAS NO PLACE ON MENSCH OR IN THE SAFE STREET AUSTIN PROGRAM.
WE WILL NOW BE HEARING FROM DAVID FOSTER.
DAVID, YOU WILL HAVE THREE MINUTES.
THANK YOU CHAIR, VICE CHAIR, UH, COMMISSIONERS.
I'M A LONGTIME RESIDENT OF THE SOUTHWOOD NEIGHBORHOOD.
IN FACT, I LIVE ABOUT A THREE MINUTE WALK AWAY FROM THIS, UH, LOCATION WHERE THE COFFEE SHOP IS BEING PROPOSED.
AND I'M A RESIDENT OF DISTRICT FIVE.
UH, I'M ALSO A FOUNDING MEMBER OF THE SOUTH MINKA NEIGHBORHOOD PLAN CONTACT TEAM AND WAS DEEPLY INVOLVED IN, UH, PUTTING TOGETHER THE SOUTH AUSTIN COMBINED NEIGHBORHOOD PLAN, WHICH, UH, CITY COUNCIL APPROVED IN NOVEMBER OF 2014.
I ORIGINALLY DID SIGN UP TO SPEAK IN OPPOSITION TO THIS, BUT NOW I WANT CHANGE THAT AND JUST SPEAK ON, UH, THE PROJECT.
WHEN OUR CONTACT TEAM FIRST HEARD ABOUT THIS PROJECT, THIS COFFEE SHOP, WE WERE GIVEN THE IMPRESSION THAT IT WOULD INCLUDE A DRIVE THROUGH.
AND AS, UH, CHAIR COLLINS POINTED OUT, WE HAVE NOTHING AGAINST A A COFFEE SHOP AT THIS LOCATION.
IN FACT, OUR APPROVED NEIGHBORHOOD PLAN CALLS FOR BRINGING EXACTLY THESE KINDS OF BUSINESSES TO THE PERIMETER OF OUR NEIGHBORHOOD, WHICH BY THE WAY, WE'RE BOUNDED BY VIN WHITE ON THE NORTH, UH, MIN CHAKA ON THE ON THE WEST, UH, STANE ON THE SOUTH AND SOUTH FIRST ON THE EAST, UH, BUSINESSES THAT WE CAN WALK OR BIKE TO AND NOT HAVE TO DRIVE TO.
UH, BUT OUR PLAN ALSO CALLS FOR PROMOTING BICYCLE AND PEDESTRIAN SAFETY.
AND WE SEE A DRIVE THROUGH, ESPECIALLY AT THIS LOCATION AS UNDERMINING THE SKULL.
WHY IS THAT? WELL, AS, UH, AS CHAIR COLLINS AL ALREADY POINTED OUT, JOSLIN ELEMENTARY SCHOOL IS RIGHT ACROSS THE STREET AND I'LL ADD THAT PROJECT CONNECT INVIS INVIS IS AT SOME POINT EXTENDING RAPID BUST, THE 8 0 3 DOWN MIN CHAKA ROAD.
SO THIS IS A ROBUST TRANSIT CORRIDOR THAT'S GOING TO BECOME MORE ROBUST AND WE DON'T NEED THOSE KINDS OF BUSINESSES WITH DRIVE-THROUGHS ON TRANSIT CORRIDORS.
SO WHY AM I ONLY SPEAKING ON RATHER THAN AGAINST? WELL, TWO THINGS HAVE CHANGED.
UH, ONE IS WE NOW UNDERSTAND, UH, THANKS TO CONVERSATIONS WITH STAFF AND WITH, UH, SOME OF THE PLANNING COMMISSIONERS THAT TONIGHT'S VOTE WOULD NOT AUTHORIZE A DRIVE THROUGH, WHICH IS WHAT WE WERE LED TO BELIEVE EARLY ON.
WHETHER IT WOULD SIMPLY AUTHORIZE A, A COFFEE SHOP AND BEFORE THEY COULD HAVE A DRIVE THROUGH, THEY WOULD HAVE TO GET A CONDITIONAL USE PERMIT, FOLLOW THAT PROCESS, WHICH WOULD TRIGGER YET ANOTHER HEARING HERE.
AND WE WOULD OF COURSE COME OUT AND OPPOSE IT AT THAT POINT.
SO THAT'S ONE THING THAT CHANGED.
AND THE OTHER THING THAT HAS CHANGED IS, UH, WE NOW HAVE INSURANCE FROM THE OWNER THAT SHE DOES NOT INTEND TO, UH, CONSIDER HAVING A COFFEE SHOP THERE WITH A DRIVE THROUGH.
SHE'S ONLY TALKING TO COFFEE SHOP DEVELOPERS, DEVELOPERS WHO WOULD NOT DO A DRIVE THROUGH.
UH, STILL I THINK IT'S USEFUL FOR US TO SPEAK TONIGHT, UH, BECAUSE I THINK IT'S IMPORTANT THAT, UH, WELL FOR ONE THING, OWNERSHIP SOMETIMES CHANGES HIS HANDS AND WE DON'T KNOW WHAT A FUTURE OWNER MIGHT WANT TO DO ONCE THEY HAVE THE ZONING IN PLACE.
AND MORE BROADLY, I THINK THAT OUR SPEAKING HERE TONIGHT SENDS THE MESSAGE TO THIS COMMISSION AND
[00:25:01]
TO THE COMMUNITY AND TO POTENTIAL FUTURE DEVELOPERS THAT WE ARE SERIOUS ABOUT HAVING, UH, A PEDESTRIAN BIKE TRANSIT FRIENDLY NEIGHBORHOOD AND ARE VERY LIKELY TO OPPOSE ANY AND ALL DRIVE-THROUGHS THAT ARE PROPOSED ALONG OUR PERIMETERS.SO THAT CONCLUDES MY REMARKS, EXCEPT I WILL SAY THAT I DON'T SEE ANY REASON NOT TO PASS THIS ON CONSENT GIVEN ALL OF THIS.
AND I WANNA THANK YOU FOR YOUR SERVICE AND HARD WORK.
WE WILL NOW BE HEARING FROM SUSAN SCORN.
SUSAN, YOU WILL HAVE THREE MINUTES.
UM, THIS IS THE LOCATION THAT'S UNDER QUESTION, BUT AS DAVID HAS ALREADY SAID, UM, WE UNDERSTAND FROM THE DEVELOPER THAT PLANS FOR A DRIVE THROUGH ARE, WOULD REQUIRE CUP AND ARE NOT ON THE DOCKET.
UM, SO I JUST WANTED TO KIND OF WRAP UP, UH, AFTER RAY AND DAVID, UM, AND SAY THAT THIS IS NOT JUST A HYPOTHETICAL WHEN WE TALK ABOUT DRIVE-THROUGHS ON THIS STREET AND AROUND OUR NEIGHBORHOOD, UM, I'VE LIVED NEXT TO DAVID FOR 30 PLUS YEARS AND I MAKE A RIGHT TURN ONTO MAN SHK ALMOST EVERY MORNING.
'CAUSE I WORK AT UT SO DURING RUSH HOUR AND SCHOOL, UH, ENTRY HOURS, I'M MAKING THAT RIGHT TURN.
AND WHAT ANYONE WHO LIVES IN THE NEIGHBORHOOD CAN TELL YOU IS THAT IT IS, UM, VERY CHALLENGING TO AS YOU ARE WAITING AND WAITING AND WAITING FOR TRAFFIC TO CLEAR AND DEALING WITH ALL OF THE CHAOS COMING IN BOTH DIRECTIONS AND YOU SEE YOUR CLEARING AND YOU HIT THE GAS AND GO OUT TO REMEMBER TO CHECK TO THE RIGHT.
AND THOSE SIDEWALKS ON THE RIGHT ARE WHERE THE MOMS ARE COMING BACK WITH THEIR STROLLERS AFTER THEY DROP THE OLDER KIDS OFF AT SCHOOL.
AND I CANNOT TELL YOU HOW MANY CLOSE CALLS I'VE HAD, AND I REALLY HAVE WORKED VERY HARD OVER THREE DECADES TO SCHOOL MYSELF TO CHECK.
BUT ANYBODY WHO'S COMING INTO A COMMERCIAL BUSINESS ON A DRIVE-THROUGH IS NOT GONNA HAVE THAT KEYED INTO THEIR MEMORY.
AND IF WE PUT DRIVE-THROUGHS IN THIS AREA OR ON ANY OF THE STREETS THAT BOUND OUR NEIGHBORHOOD, UM, WE'RE, THERE'S A LOT OF PEDESTRIAN TRAFFIC AND SCHOOL CHILDREN.
UM, WE'RE GONNA HAVE MULTIPLE CLOSE CALLS EVERY DAY.
SO AGAIN, NOT SPEAKING, UM, IN OPPOSITION TO THIS ZONING CHANGE, BUT WE WANTED TO SET THE FLAG THAT, UH, DRIVE-THROUGHS ON THOSE MAJOR STREETS ARE, UH, REALLY HAZARDOUS TO THE NEIGHBORHOOD AGAINST THE PLANS THAT WE HAVE ALREADY PUT FORWARD AND EXPRESSED.
AND THEY ALSO KEEP US UP AT NIGHT WITH THOSE, UM, THOSE MOM FEELINGS OF LIKE, AH, I CAN'T BELIEVE I ALMOST DID THAT.
THANK YOU, THANK YOU FOR YOUR COMMENTS.
OUR PRIMARY SPEAKER IN OPPOSITION IS RYAN NIL.
RYAN, YOU WILL HAVE FIVE MINUTES.
MY NAME IS RYAN NI AM THE CHAIRPERSON OF THE WOOTEN NEIGHBORHOOD PLAN CONTACT TEAM.
AND WE ARE OPPOSING ITEM NUMBER 17 90 12 RESEARCH BOULEVARD.
UM, DUE TO THE REQUEST THAT THERE BE A WAIVER REMOVING COMMERCIAL USES FROM A MIXED USE DEVELOPMENT.
SO, UM, YOU KNOW, WE THINK THAT IT'S VALUABLE TO HAVE COMMERCIAL USES A NEIGHBORHOOD.
YOU KNOW, WE LIKE TO GO PLACES AND VISIT THE DIFFERENT DESTINATIONS AND, YOU KNOW, ARE SAD TO LOSE SOME OF THEM, BUT WOULD LIKE FOR THERE TO BE NEW, UH, COMMERCIAL USES IN PLACE OF THE ONES THAT ARE BEING REMOVED WHEN IT DOES FINALLY ARRIVE.
UM, THE REASON STATED THAT THEY WANT TO DO IT IS BECAUSE OF LACK OF ACCESS.
THERE'S A NARROW DRIVEWAY ON BURN IT AND A NOT VERY GOOD DRIVEWAY ON RESEARCH BOULEVARD.
UH, BUT I DO THINK THERE'S OTHER SOLUTIONS WE CAN LOOK TO RATHER THAN JUST ACKNOWLEDGING THAT THIS IS BAD PLANNING AND NOT FIX IT AND JUST PUT A BUNCH OF HOUSES OR BEDROOMS IN THERE.
UM, I THINK WE CAN LOOK AT ITS PROXIMITY TO THE RED LINE AND HOW IT INTERACTS WITH THE FUTURE REDLINE PARKWAY INITIATIVE AND, UM, WE'RE ALSO THINKING ABOUT TRYING TO DO CHANGES TO THE SMP TO CONNECT IT TO, SO IT'S ACCESSIBLE TO THE NEIGHBORHOOD, UH, RATHER THAN REQUIRE YOU TO DRIVE THERE.
UH, BECAUSE I'VE TRIED BIKING THERE, IT, IT'S BAD, UH, I DON'T WANNA BIKE THERE.
SO THERE ARE I THINK, BETTER SOLUTIONS FOR THE STATED PROBLEM.
UM, SO I JUST WANNA REGISTER OPPOSITION FOR THE WAIVER AND JUST POINT OUT THAT I AM, THE NEIGHBORHOOD CONTACT TEAM IS WORKING WITH MICHAEL WAYLAND, THE APPLICANT FOR MEETING WITH HIM ON MONDAY.
WE'RE NOT REQUESTING AN OPPOSITION OR A POSTPONEMENT OR FOR Y'ALL TO VOTE AGAINST IT AT THIS POINT IN TIME.
UM, BUT WE DO REALLY THINK THAT THOSE, YOU KNOW, MIXED USE PROVISIONS ARE REALLY IMPORTANT FOR HAVING SUCCESSFUL NEIGHBORHOODS RATHER THAN JUST BEDROOM COMMUNITIES.
WE WILL FIRST HEAR FROM TAHIN OSBORNE.
UH, HE'S THE PRIMARY SPEAKER IN OPPOSITION AND TAHIN WILL HAVE FIVE MINUTES.
[00:30:15]
HELLO EVERYONE.I WILL BE READING TWO TESTIMONIES, ONE FOR MYSELF AND FOR A TENANT WHO CANNOT BE HERE TODAY.
UM, SO MY NAME IS TAHIN, I'M AN ORGANIZER WITH BASTA.
AND EARLIER TODAY YOU ALL RECEIVED MY LETTER REGARDING THE REZONING APPLICATION FOR C 14 20 23 0 1 3 5 FOR 1500 AND 1600 ROYAL CREST DRIVE, ALSO KNOWN AS THE ELEMENT AUSTIN APARTMENTS.
I'M HERE TODAY TO FOLLOW UP AND STRESS THAT THIS REZONING IS A SIGNIFICANT ISSUE FOR THE COMMUNITY.
SINCE FEBRUARY, I HAVE BEEN WORKING WITH TENANTS, THE TENANTS ASSOCIATION AT THE ELEMENT AUSTIN APARTMENTS, TO ADDRESS VARIOUS CONCERNS, INCLUDING ESSENTIAL REPAIRS, SECURITY ISSUES, AND A LACK OF CONSISTENT COMMUNICATION FROM ONSITE MANAGEMENT FOR MONTHS.
TENANTS HAVE REQUESTED SEVERAL POSTPONEMENTS OF THIS HEARING TO ALLOW TIME FOR THEIR ISSUES TO BE PROPERLY HEARD AND NEGOTIATE AND ADDRESS AND ADDRESS BY OWNERSHIP AND MANAGEMENT.
IN MOST RECENT NEGOTIATIONS, THE OWNERS NARROW ROAD GROUP HAVE WORKED TO RESOLVE SEVERAL LONGSTANDING TENANT CONCERNS.
AND WHILE THERE HAS BEEN PROGRESS WITH SOME OF THESE ISSUES, THERE IS STILL SIGNIFICANT WORK THAT NEEDS TO BE DONE.
THE TENANTS ASSOCIATION DOES NOT OPPOSE THE REZONING APPLICATION HERE TODAY.
HOWEVER, FUTURE SUPPORT HINGES ON THE CONTINUED COOPERATION BETWEEN TENANTS AND PROPERTY OWNERS.
TENANTS ARE CAUTIOUSLY OPTIMISTIC THAT PROCEEDING WITH THE REZONING APPLICATION BEFORE PLANNING COMMISSION CAN BE A SIGN OF GOOD FAITH.
THAT MANAGEMENT AND OWNERSHIP WILL CONTINUE TO TAKE STEPS TO REBUILD TRUST AND RECTIFY THE ISSUES AT THE ELEMENT APARTMENTS.
AND CHELSEA SAYS, MY NAME IS CHELSEA REHA AND I HAVE BEEN A TENANT AT THE ELEMENT AUSTIN APARTMENTS SINCE 2018.
TODAY I AM REPRESENTING THE TENANTS ASSOCIATION TO INFORM THE PLANNING COMMISSIONERS ABOUT THE REZONING CASE FOR 1500 AND 1600 ROYAL CREST DRIVE.
I WANTED TO EMPHASIZE THAT THE ZONING OF THIS PROPERTY IS A SIGNIFICANT ISSUE FOR OUR COMMUNITY.
WHILE WE DO NOT OPPOSE THE REZONING AT THIS TIME, OVER THE PAST SEVERAL MONTHS, WE HAVE BEEN COMMITTED TO WORKING CLOSELY WITH TENANTS AND OWNERS IN ORDER TO ADVOCATE FOR REPAIR AND SECURITY IMPROVEMENT IN OUR COMMUNITY.
IN THE NEAR FUTURE, WE AIM TO ESTABLISH A RETREAT OF COVENANT TO ENSURE THAT THESE INTERESTS ARE WELL REPRESENTED AND ADDRESSED FROM GENERAL MEETINGS TO DOOR KNOCK DOOR KNOCKING WITH FELLOW TENANTS.
WE'VE CONFIRMED THE EXISTENCE OF SEVERAL WIDESPREAD ISSUES ACROSS THE PROPERTY, INCLUDING EXCESSIVE LEAKS, OTHER REPAIRS THAT HAVE NOT BEEN PRO PROPERLY ADDRESSED FOR MANY MONTHS.
PEST INFESTATIONS IN 90% OF THE UNITS THAT WE'VE SURVEYED, NEARLY NON-EXISTENT OR AT TIMES CONTRADICTORY CON COMMUNICATION FROM MANAGEMENT SAFETY AND SECURITY CONCERNS AND INCONSISTENT MAINTENANCE AND ACCESS TO VARIOUS COMMUNITY AMENDMENTS, WHICH WE PAY FOR MONTHLY.
WHILE IN THE LAST TWO WEEKS, SOME PROGRESS HAS FINALLY BEING SEEN, WE'D LIKE TO MAKE IT KNOWN OUR SUPPORT FOR REZONING REMAINS CONTINGENT UPON THE CONTINUED MOMENTUM AND RESULTS FROM OWNERS NARROW ROAD GROUP AND MANAGEMENT REPRO.
WE WILL NOW BE HEARING FROM DAVID SIMONE.
DAVID, YOU WILL HAVE THREE MINUTES.
I'M A CURRENT TENANT AT THE ELEMENT AUSTIN AND HAVE BEEN OFFICIALLY LIVING HERE SINCE 2022.
TODAY I'M REPRESENTING THE TENANTS ASSOCIATION TO INFORM THE PLANNING COMMISSIONERS ABOUT ZONING CASE FOR C 14 20 23 0 1 35 FOR 15 AND 1600 ROYAL CREST DRIVE.
THE REZONING OF THIS PROPERTY IS A MAJOR CONCERN FOR THE TENANTS IN OUR COMMUNITY.
WE DO NOT OPPOSE REZONING AT THIS TIME DUE TO SOME PROGRESS BEING MADE BY THE OWNERS NARROW ROAD GROUP AND MANAGEMENT REPRO TO RESOLVE OUTSTANDING ISSUES FOR THE TENANTS ON THE PROPERTY.
WE'VE BEEN WORKING CLOSELY WITH OUR FELLOW TENANTS FOR SEVERAL MONTHS TO ADDRESS CONCERNS SUCH AS MAINTENANCE ISSUES, PESTS, AND SECURITY IMPROVEMENT.
WE HAVE FOUND THESE ISSUES BE WIDESPREAD THROUGHOUT OUR, THROUGH OUR OUTREACH VIA DOOR KNOCKING AND COMMUNITY MEETINGS.
ALONG WITH THAT, THERE HAVE BEEN ISSUES OF INCORRECT, LIMITED, CONTRADICTORY OR NO COMMUNICATIONS FROM MANAGEMENT IN REGARDS TO THESE ISSUES.
THIS HAS IMPACTED ME PERSONALLY WHEN IN APRIL, UH, ROCK WAS SLURRING THROUGH MY WINDOW AND TOOK THREE WEEKS AND A CALL TO CODE ENFORCEMENT TO BE REPAIRED DESPITE MY CONSISTENT OUTREACH TO MANAGEMENT.
WHILE THERE HAVE BEEN IMPROVEMENTS IN THE PAST TWO WEEKS SINCE WE HAVE MET WITH THE OWNERS, OUR SUPPORT FOR REZONING IS TIED TO THEIR COMMITMENT TO CARRY OUT THESE IMPROVEMENTS THEY AGREE TO AND MAKE GOOD FAITH EFFORTS TO REBUILD OUR TRUST.
THANK YOU FOR YOUR COMMENTS CHAIR.
[00:35:01]
SPEAKERS ON THE CONSENT AGENDA.THANK YOU TO ALL THE SPEAKERS WHO SPOKE ON OUR CONSENT AGENDA ITEMS TONIGHT ARE, UH, DO ANY COMMISSIONERS WISH TO PULL OTHER CASES? OKAY, SEEING NONE.
I JUST WANNA GO THROUGH AND REITERATE WHAT WE ARE GOING TO BE DISCUSSING TONIGHT.
SO WE HAVE CASES FIVE, SIX, AND SEVEN, THE CHRISTCHURCH PLANNING NUMBER EIGHT AND NINE ON TOPLESS FAIRWAY.
WE ARE GOING TO HEAR THE DILLARD CIRCLE NUMBER 16 AS A DISCUSSION POSTPONEMENT.
AND THEN WE ARE GOING TO HEAR NUMBER 25, THE SUN FIELD MUD AND NUMBER 28.
SO DO I HAVE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING? YES.
UH, ANY, UH, LET ME TAKE VICE-CHAIR THERE AND THEN COMMISSIONER MOALA AND THEN COMMISSIONER.
AND COMMISSIONER MAXWELL? YES.
WE CAN GO AHEAD AND CLOSE THE PUBLIC HEARING FIRST.
WE'LL TAKE QUESTIONS NOW OR, OR COMMENTS.
UH, IT'S GONNA BE A MOTION ON THE CONSENT AGENDA WHEN WE GET TO IT.
I WAS JUST GONNA BRIEFLY SHARE FOR ITEM 17, JUST ITEMS SIMILAR TO IT, YOU KNOW, IT JUST FIGURING OUT WHERE THAT BAR IS.
WHEN WE'RE, WHEN WE'RE, YOU KNOW, WE'VE ALLOWED FOR MORE HEIGHTS, WE'VE ALLOWED FOR MORE HOUSING UNITS, AND I KNOW BACK IN THE DAY WHEN WE HAD BMU 60 LIMITING IT TO 60, WE HEARD ABOUT ISSUES WITH HAVING ENOUGH KIND OF FOOT TRAFFIC, IF YOU WILL, FOR THE, THE GROUND FLOOR RETAIL.
BUT NOW THAT WE ALLOW MORE HOMES ABOVE, NOW WE HAVE A PROCESS TO WAIVE RETAIL.
AND SO WE'RE HEARING FROM FOLKS NOW SAYING, WAIT A MINUTE, WE'RE GETTING MORE HOMES, WHICH, YOU KNOW, WHETHER WE WANT OR NOT, WE'RE GETTING THAT AUSTIN NEEDS THAT, BUT WE WANT RETAIL.
AND SO I DON'T KNOW WHERE WE'RE GONNA LAND ON THAT AND WHEN WE'RE GONNA DO IT, BUT WE NEED TO HAVE A BIG CONVERSATION ABOUT WHEN AND HOW THAT HAPPENS, WHERE THAT BAR IS SET.
UH, YEAH, I JUST WANTED TO THANK MY FELLOW DISTRICT FIVE RESIDENTS COMING OUT, UM, REGARDING THE MIN SHAKA ROAD CASE.
AND I'M VERY PLEASED TO HEAR THAT, THAT THE DRIVE THROUGH IS NOT CONSIDERED OR LIKELY WILL NOT BE CONSIDERED AS THIS CASE MOVES FORWARD.
AND I JUST WANTED TO FLAG THAT I FEEL IT'S REALLY UNFORTUNATE THAT THIS WASN'T SORT OF RAISED MORE CLEARLY AS AN ISSUE EVEN AT THE BEGINNING.
UM, WE UNDERSTAND THAT DRIVE-THROUGHS ARE NECESSARY IN SOME COMMERCIAL SITUATIONS, BUT THIS BEING ACROSS THE STREET FROM AN A ISD ELEMENTARY AND ALSO ON A ROAD THAT REALLY IS LOOKING TO SORT OF BE TRANSFORMED IN A REALLY IMPORTANT WAY AS PART OF OUR A SMP IS REALLY PROBLEMATIC TO ME.
SO I'M VERY, I'M VERY APPRECIATIVE OF THE NEIGHBORS REALLY RAISING THESE CONCERNS AND ALSO FOR THE APPLICANT BEING WILLING TO SORT OF RECONSIDER.
AND I DO HOPE THAT THIS MOVE DOES NOT MOVE FORWARD WITH A, A, UM, DRIVE-THROUGH BECAUSE IT, I JUST FEELS LIKE IT'S REALLY INAPPROPRIATE SPOT.
AND WE'RE GENERALLY SPEAKING THAT WE CONSIDER, UH, BROADLY ACROSS THE CITY WHAT WE DO WITH DRIVE-THROUGHS AND WHERE THEY ARE APPROPRIATE AS WE TRY TO BECOME A MORE TRANSIT ORIENTED MIXED USE, WALKABLE CITY DRIVE-THROUGHS ARE A REAL ISSUE.
THEY DO CAUSE EXTREME PROBLEMS IN TERMS OF TRAFFIC BACKUPS, THE CONGESTION, THE UM, SORT OF A POLLUTION AND NOISE CONCERNS.
AND WE AGAIN, UNDERSTAND THAT IN CERTAIN COMMERCIAL SITUATIONS, OF COURSE THEY'RE APPROPRIATE, BUT CERTAINLY NOT IN A SITUATION LIKE THIS.
SO I JUST WANNA SHARE MY APPRECIATION AGAIN TO THE, UM, MEMBERS OF DISTRICT FIVE AS WELL AS THE APPLICANT TO SORT OF RESOLVING THIS ISSUE.
I, I, I JUST WANTED TO QUICKLY SPEAK ON, UM, I NUMBER 14 AND NINETEENS ABOUT THE OAK CREEK VILLAGE AND THE 1500 1600 ROYAL CREST.
I WANT TO THANK THE TENANTS AND FOLKS FROM BOSTON WHO CAME OUT TO SPEAK TODAY.
UM, AND I WANNA THANK THE APPLICANTS FOR WORKING WITH THEM AND WE'RE APPROVING THOSE TODAY.
AND I, AND I SEE THAT THE TENANTS HAVE SORT OF, UM, GONE AHEAD AND SORT OF BEEN NEUTRAL ALLOWING THESE TO MOVE FORWARD.
AND I REALLY HOPE THAT THE APPLICANTS WORK WITH ALL OF THESE TENANTS TO RESOLVE ALL OF THE ISSUES ASSOCIATED WITH THE ZONING CASES AND THE EXISTING CONDITIONS THAT WE'RE HEARING ABOUT ON THESE PROPERTIES.
SO I JUST REALLY ENCOURAGE THE APPLICANTS TO CONTINUE WORKING WITH THEM AS THIS GOES TO COUNCIL AND RESOLVING ANY OUTSTANDING ISSUES.
RAISE YOUR HANDS, UH, MADAM CHAIR ON, UH, ITEM 15.
UH, COMPLETELY AGREE WITH THE WISE WORDS FROM COMMISSIONER MAXWELL.
UM, EXCEPT I WOULD LOOK AT IT FROM THE FLIP SIDE OF THAT AND SAY, IF WE GOT A, THE TWO WEEK DELAY, WOULD THEY BRING IT BACK WITH THE DRIVE THROUGH NEXT? AND WE WOULD HAVE DEFINITIVE AGREEMENT ON THAT.
SO MY UNDERSTANDING IS WHAT, UM, STAFF IS RECOMMENDING THE LRNP, THE DRIVE THROUGH IS A CONDITIONAL USE.
THEY WOULD HAVE TO COME BACK THROUGH THIS BODY TO HAVE THAT APPROVED.
SO ESSENTIALLY IT'S NOT A PART OF THE ZONING, BUT WHAT DO WE DO WHEN COMMISSIONER MAXWELL HAS GONE ON TO BIGGER AND BETTER AND
[00:40:01]
MORE PROMINENT THINGS? HER A SOLUTION, HER WI COMMISSIONER VOICE IS HERE.YEAH, THIS WAS THE ITEM I WANTED TO ADDRESS AS WELL.
I WOULD PROPOSE THAT WE MODIFY THE ITEM AND PLACE THE, THE CONDITIONAL OVERLAY ON IT TO PROHIBIT THE DRIVE THROUGH USE.
SET THAT, AND IT CAN STAY ON CONSENT, BUT WE ADD THAT ONTO IT FOR THE CONSENT.
SO UNLESS THERE'S A, AN OBJECTION TO THAT MY D FIVE.
WE CAN I, NO, I APPRECIATE OUR FELLOW COMMISSIONERS.
UM, I THINK THAT THAT'S PROBABLY A WISE, UM, RECOMMENDATION GIVEN THE, UH, DISCUSSION WE'VE HAD TONIGHT.
SO WE'LL, UM, LET'S MAKE THIS FORMAL.
SO THAT'S A, A RECOMMENDATION BY COMMISSIONER MUELLER, SECONDED BY COMMISSIONER MAXWELL, UM, TO, UH, ADD A CEO THAT, UM, PROHIBITS DRIVE-THROUGHS ON THIS SITE.
IF, UNLESS THERE'S OBJECTION, THAT MOTION PASSES.
WELL, THE MOTION IS SINCE CHAIR WILL JUST MAKE THE MOTION AND THE CONSENT, IF THAT'S OKAY.
SO, BUT I THINK IT SEEMS LIKE WE DON'T HAVE ANY OBJECTION ON THAT, CORRECT AT THE MOMENT.
CHAIR, CAN I MAKE A MOTION? YES.
I'LL MAKE A MOTION THAT WE APPROVE OUR CONSENT AGENDA WITH THE ITEMS AS LISTED.
AND FOR ITEM NUMBER 15 TO BE NOTED WITH THE CHANGE THAT THE CHAIR JUST MENTIONED WITH THE PROHIBITION, UH, A CONDITIONAL, UH, OVERLAY THAT PROHIBITS, UM, ESSENTIALLY DRIVE THROUGH BUSINESSES.
AND THEN ON ITEM NUMBER 26 WITH THE SUN FIELD POD, UM, APPROVING IT WITH THE RECOMMENDATIONS OF THE ENVIRONMENTAL COMMISSION AND THE MINUTES.
UM, ALL THOSE IN FAVOR? OH, SECOND BY COMMISSIONER WOODS.
UM, ALL THOSE IN FAVOR? OPPOSED? OKAY, THANK YOU.
[16. Rezoning: C14-2024-0080 - 5931 Dillard Circle Rezoning; District 4 (Part 1 of 2)]
HEAR OUR DISCUSSION POSTPONEMENT CASE FIRST TONIGHT.UM, THE REASON BEING, IF THIS IS ITEM 16, IF THAT REQUEST FOR POSTPONEMENT IS DENIED, WE WILL HEAR IT TONIGHT AND IT'LL GO BACK INTO THE REGULAR ORDER OF THE QUEUE.
UM, IF IT'S APPROVED, IT'LL BE POSTPONED TO A DATE CERTAIN, SO THE POSTPONEMENT REQUEST IS FROM THE NEIGHBORHOOD THEY ARE REQUESTING SEPTEMBER 10TH.
UM, AS A REMINDER FOR OUR DISCUSSION POSTPONEMENT CASES, IT'S NOT A PUBLIC HEARING YET.
WE ARE NOT TO DELVE INTO THE MERITS OF THE CASE.
UM, THE POSTPONEMENT MUST BE WITHIN 60 DAYS FROM TODAY'S MEETING, WHICH SEPTEMBER 10TH WOULD MEET THAT.
UM, AND WE'LL JUST DIVE RIGHT INTO THOSE IN FAVOR OF THE POSTPONEMENT GOING FIRST.
SO, MS. GARCIA, DO YOU HAVE ANYBODY SIGN UP TO SPEAK IN FAVOR OF THE POSTPONEMENT? YES, WE HAVE ONE SPEAKER SIGNED UP IN FAVOR, ZACH FADI.
UH, ZACH, YOU'LL HAVE FIVE MINUTES.
SO, UM, MS. GARCIA, OUR RULES FOR THE DISCUSSION, POSTPONEMENT FOR PRIMARY SPEAKER WOULD JUST BE THREE MINUTES AND THEN EVERYBODY ELSE GETS ONE MINUTE FOLLOWING.
JUST A A POINT OF PRIVILEGE, CAN WE CLARIFY WHO THE SPEAKER FOR OR AGAINST IS? I THINK THE NAME YOU CALLED WAS A, A SPEAKER SIGNED UP IN FAVOR OF THE ITEM ITSELF, NOT THE POSTPONEMENT.
SO ESSENTIALLY THIS WOULD BE THE FIR THE PRIMARY SPEAKER IN OPPOSITION IS THE PRIMARY SPEAKER AND FOR THE POSTPONEMENT.
SO OUR FIRST SPEAKER WOULD BE CAROL OWIN.
IS IT CYNTHIA OR IT'S CYNTHIA RIGHT HERE.
SHE'S A PRIMARY IN OPPOSITION.
I'M SO SORRY ABOUT THAT CHAIR.
OUR PRIMARY SPEAKER IN OPPOSITION IS CYNTHIA WARRING.
CYNTHIA, YOU'LL HAVE THREE MINUTES.
YOU HAVE, WE'RE GETTING SOMETHING CONFUSED HERE.
I'M, CAN I JUST ASK A QUICK QUESTION, MA'AM, ARE YOU THE, UM, ARE YOU THE PRIMARY, UH, PERSON SPEAKING IN FAVOR OF A POSTPONEMENT REQUESTING POSTPONEMENT? YES.
AND MA'AM, CAN YOU STATE YOUR NAME PLEASE? CAROL OWIN.
SO STAFF, YOU CAN HELP US ANNOUNCE AND THANK YOU, MA'AM.
I THINK YOU CAN START, STATE YOUR NAME AND YOU CAN START, YOU'LL, YOU'LL HAVE THREE MINUTES.
I LIVE AT 3 0 2 WEST SKYVIEW ROAD AND I'M PART OF THE SKYVIEW GROUPS AND WE ARE REQUESTING A POSTPONEMENT TO 59, 31 AND 6,003 AND A HALF DILLARD CIRCLE TO
[00:45:01]
SEPTEMBER 10TH.UH, THE REASON FOR THAT IS, UH, HD BROWN CONSULTING, WHICH IS THE CONSULTING COMPANY FOR URBAN GENESIS, UH, HAS PROVIDED US WITH SOME RESTRICTIVE COVENANTS.
THOSE RESTRICTIVE COVENANTS WERE PROVIDED TO US YESTERDAY AT 4:34 PM WE HAVE NOT HAD A CHANCE TO REVIEW THEM.
WE HAVE NOT HAD A CHANCE TO GET, UH, LEGAL ADVICE ON THOSE.
SO WE ARE REQUESTING THIS EXTENSION SO WE CAN HAVE A, A BILATERAL COMMUNICATION, UH, TO WORK THROUGH THESE RESTRICTIVE COVENANTS.
THAT'S OUR WHY WE'RE REQUESTING A POSTPONEMENT.
WE WILL NOW BE HEARING FROM KATHY BARTLEY.
KATHY, YOU WILL HAVE ONE MINUTE.
SO WE DON'T, WHEN SPEAKERS SIGN UP, WE DON'T HAVE A WAY TO IDENTIFY IF THEY'RE SPEAKING ON DISCUSSION FOR A POSTPONEMENT.
UM, WE HAVE SPEAKERS SIGNED UP FOR THE ITEM.
I'M NOT AWARE OF ANYONE ELSE SPEAKING ON THE POSTPONEMENT.
UM, FROM THE COMMUNITY MEMBERS WHO ARE PRESENT TO SPEAK ON THIS ITEM, IF YOU ARE HERE TO SPEAK ON THE POSTPONEMENT, COULD YOU INDICATE THAT YOU WOULD LIKE TO SPEAK ON THE POSTPONEMENT? MA'AM, PLEASE COME AHEAD.
UH, STATE YOUR NAME AND YOU CAN GO AHEAD.
I'M THE APPLICANT, SO I'M SPEAKING AGAINST THE POSTPONEMENT, SO I DON'T KNOW IF YOU WANT ME TO WAIT.
WELL, UH, YOU WILL BE AFTER WE GO THROUGH THE, THOSE IN FAVOR OF POSTPONEMENT.
IS ANYONE ELSE SPEAKING IN FAVOR OF POSTPONEMENT? HELLO, I'M KATHY BARTLEY.
I ALSO LIVE IN SKYVIEW 2 0 8 EAST SKYVIEW ROAD.
UM, I, UH, WANT TO POSTPONEMENT AS WELL, SPEAKING FOR THE NEIGHBORHOOD.
WE WANNA POSTPONEMENT FOR THE REASONS THAT CAROL MENTIONED BECAUSE WE NEED TO GET LEGAL COUNSEL.
ALRIGHT, CHAIR, IF I CAN HELP CLARIFY, IS THERE ANYBODY ELSE IN THE, IN THE, FROM THE COMMUNITY MEMBERS WHO SIGNED UP TO SPEAK AGAINST A POSTPONEMENT BECAUSE WE JUST DID THE FORMS, SO AND SO THEN WE'LL HAVE THE APPLICANT.
MY NAME IS AMANDA BROWN WITH HT BROWN CONSULTING.
UM, WITH REGARDS TO THE POSTPONEMENT, UM, THIS PROJECT HAS BEEN IN THE WORKS FOR, UM, OVER TWO YEARS NOW.
WE HAD ORIGINALLY SUBMITTED A SITE PLAN UNDER VMU ONE.
UM, THE PROJECT DIDN'T WORK UNDER THAT, AND THEN VMU TWO CAME FORWARD, UM, AND WAS APPROVED.
AND SO, YOU KNOW, IT WAS BACK ALIVE AGAIN AND THEN IT WAS REVOKED.
AND NOW WITH DB 90, UM, WE'RE MOVING FORWARD AGAIN.
UM, AND SO THIS PROCESS HAS BEEN VERY LONG FOR US AND WE JUST WOULD REALLY LIKE TO MOVE, MOVE FORWARD.
I THINK ANOTHER POINT I WANNA MAKE IS THAT WE'RE CURRENTLY ZONED CS VMU, UM, AND WITH THE RECENT COMPATIBILITY, UM, ORDINANCE THAT WAS PASSED, WE WOULD BE ABLE TO BUILD THIS BUILDING.
IT, IT WOULD WORK UNDER THE EXISTING ENTITLEMENTS OF CS, UM, VMU.
AND, UH, WE FEEL LIKE THE PROJECT WILL BE BETTER UNDER THE DB 90, BOTH FOR US AND FOR THE ADJACENT NEIGHBORS AND FOR THE COMMUNITY AS A WHOLE.
UM, BECAUSE DB 90 HAS MUCH DEEPER AFFORDABILITY REQUIREMENTS THAN VMU DOES.
UM, AND WE JUST NEED A DIRECTION ON WHICH WAY TO GO.
ANY OTHER SPEAKERS SPEAKING FOR OR AGAINST THE POSTPONEMENT? OKAY.
UM, WE'LL OPEN IT UP TO REBUTTAL RYAN.
WELL, THERE WAS, UH, SHE SHOULD HAVE HAD REBUTT.
DO WE HAVE A QUESTION? MS. MS. CARONA? DO WE HAVE A QUESTION? SORRY, CAROL WAS HOPING TO SPEAK TO THE OR TO MAKE A REBUTTAL TO THE LAST STATE STATEMENTS FROM THE APPLICANT? NO, WE, WE CAN'T GET INTO THAT NOW.
WE'LL OPEN IT UP FOR QUESTIONS AND IF THERE'S COMMISSIONER THAT HAS A, A QUESTION THAT MIGHT BE, UH, PERTAIN.
UM, OKAY, SO IF WE'VE HEARD ALL OF OUR SPEAKERS, UM, WE'LL OPEN IT UP FOR QUESTIONS FROM THE COMMISSIONERS, VICE CHAIR AND THEN COMMISSIONER COX.
CAN YOU, UM, HELP US UNDERSTAND, I, I UNDERSTAND YOUR POINT OF LIKE HAVING
[00:50:01]
GONE THROUGH A LONGER PROCESS AND THIS HAS BEEN DELAYED.IS THERE ANY CRITICAL REASON WHY A TWO WEEK POSTPONEMENT WOULD CAUSE AN ISSUE TO YOUR CLIENT? IS THERE A WAY FOR US TO GIVE A LITTLE BIT OF SPACE FOR THE NEIGHBORHOOD TO BE ABLE TO DO THAT WORK? UM, WE HAVE ALREADY POSTPONED BY TWO WEEKS AND THEY'RE READY TO GET STARTED AS QUICKLY AS POSSIBLE.
WITH REGARDS TO THE RESTRICTIVE COVENANT, WE DID JUST GET THAT TO THEM YESTERDAY THAT HAD TO GO UP THE CHAIN AND, AND WE GOT IT FRESH, FRESH OFF THE PRESS FROM OUR ATTORNEY.
UM, BUT THE SUBSTANCE OF THE RESTRICTIVE COVENANT, THE PROVISIONS THAT ARE PUT IN THERE, UM, THE NEIGHBORHOOD HAS BEEN WELL AWARE OF FOR WEEKS AND THOSE, UM, AREN'T CHANGING AND WE'RE, WE, WE'RE NOT IN A POSITION TO NEGOTIATE ANY FURTHER WITH THEM.
UM, WE'VE ALSO, WE'VE HELD TWO NEIGHBORHOOD MEETINGS.
WE'VE HAD EXTENSIVE DISCUSSIONS WITH THE NEIGHBORHOOD AND THE NEIGHBORHOOD REPRESENTATIVES AS WELL.
UM, AND I'M GONNA FORGET YOUR LAST NAME MA'AM, BUT CAROL, CAN I, CAROL
CAN I HEAR FROM YOU AS WELL? UM, JUST ON THE REQUEST.
UH, I THINK WE'RE TALKING ABOUT A TIMING ISSUE HERE.
AND AS FAR AS THE NEIGHBORHOOD BEING AWARE OF, UH, THE URBAN GENESIS PLAN.
TWO YEARS AGO THEY CAME FORWARD WITH A PLAN AND THEN IT JUST KIND OF WENT STAGNANT.
WE HAD A MEETING TWO WEEKS AGO WITH, UH, URBAN GENESIS REPRESENTATIVES AND THEN WE HAD A MEETING ABOUT, I'M GONNA SAY 30 DAYS, 45 DAYS PRIOR TO THAT.
AND THAT WE DIDN'T FIND OUT THAT THIS, UH, URBAN GENESIS WAS, UH, COMING BACK FORTH UNTIL THE DB 90 ISSUE CAME UP AND THEN THEY CAME BACK AND RESURRECTED IT.
SO TIMING WISE, WE HAVEN'T HAD THAT MUCH TIME SINCE THIS HAS BEEN RESURRECTED.
AND IF I HAVE A LITTLE BIT, THOMAS BROWN, CAN I ASK YOU TO COME UP AGAIN? IF, IF WE DO INDEED DECIDE TO NOT POSTPONE TODAY, WOULD YOU, WOULD YOU BE ABLE TO COMMIT TO SAY THAT YOU WILL CONTINUE WORKING WITH THE NEIGHBORHOOD AS THIS GOES TO COUNCIL AND MAKE SURE THAT THOSE LAST FINALIZATION OF THE COVENANT AND WHATEVER WORK NEEDS TO HAPPEN, THAT YOU WILL COMMIT TO DOING THAT WITH THE YES, ABSOLUTELY.
WE INTEND TO HAVE THE RESTRICTED COVENANT EXECUTED AROUND THE SAME TIME WE GO TO COUNCIL, SO THAT'S OUR INTENT AS WELL.
COMMISSIONER COX? YEAH, I GUESS A QUESTION FOR THE APPLICANT, I'M A LITTLE CONFUSED.
YOU'RE TELLING US THAT THIS HAS BEEN IN THE WORKS FOR A VERY LONG TIME.
UM, IF THAT'S THE CASE, WHAT, WHY WAS THE RESTRICTIVE COVENANT ONLY GIVEN TO THE NEIGHBORHOOD YESTERDAY AT FOUR 30? SO THE PROJECT WAS IN ITS ORIGINAL ITERATION WAS PROPOSED UNDER THE EXISTING ENTITLEMENTS.
AND SO THERE WAS NO ZONING CASE THAT WAS BEING HEARD OR ANYTHING ALONG THOSE LINES.
THE PROJECT JUST ENDED UP NOT WORKING OUT FINANCIALLY.
UM, THE NEGO, THE, OH, OH, SO, OKAY.
SO WHEN YOU SAY THAT THIS HAS BEEN IN THE WORKS FOR A LONG TIME, YOU DON'T MEAN IT'S BEEN IN THE CITY PROCESS A LONG TIME, YOUR CLIENT HAS JUST BEEN THINKING ABOUT IT FOR A LONG TIME? WE DID.
WE DID HAVE A SITE PLAN ON FILE.
SO WE HAVE BEEN THROUGH CERTAIN CITY PROCESSES, BUT THERE HAS BEEN NO ZONING UNTIL THIS DB 90 APPLICATION HAS BEEN FILED.
AND WERE THE NEIGHBORHOOD MEETINGS THAT YOU HAD, WERE THOSE AT THE REQUEST OF THE NEIGHBORHOOD OR DID Y'ALL REACH OUT? I I'M, I'M KIND OF CURIOUS HOW THAT ALL CAME ABOUT.
UM, I SENT OUT LETTERS, UM, TO EVERYBODY WITHIN 500 FEET, UM, TO GET IN CONTACT WITH THE NEIGHBORHOOD.
UM, AND WE ALSO HAD SEVERAL CONTACTS FROM THE PROJECTS PREVIOUS ITERATION AS WELL.
UM, AND SO WE REACHED OUT PROACTIVELY AND THEY ALSO REQUESTED MEETINGS WITH US AS WELL.
AND WOULD YOU SAY THAT THAT COOPERATION'S BEEN RELATIVELY PRODUCTIVE AND, AND YOU KNOW, TIMELY? YES.
AND THEN JUST A QUICK QUESTION FOR THE, THE, THE PRIMARY SPEAKER, I'M SORRY I DIDN'T CATCH YOUR NAME, UH, FOR THE POSTPONEMENT.
I'M JUST CURIOUS, UM, IF YOU COULD HELP US UNDERSTAND WHAT YOU THINK NEEDS TO HAPPEN WITHIN THE NEXT TWO WEEKS, WHAT WOULD YOU SPEND THESE NEXT TWO WEEKS DOING? UM, IF WE WERE TO POSTPONE THIS TO THE NEXT MEETING, WE WOULD SPEND IT, UH, WITH LEGAL COUNSEL TO REVIEW THE RESTRICTIVE COVENANTS TO LOOK AT THE PROS AND CONS.
UM, AND OF COURSE WE WOULD NEED TIME.
WE WOULD HAVE TO GO THROUGH IT.
WE'D HAVE TO GIVE IT BACK TO HD BROWN.
THEY'D HAVE TO RUN IT UP TO FLAGPOLE, HAVE TO COME BACK TO US
AND, AND I'LL ASK YOU THE SAME QUESTION I ASKED THE APPLICANT.
DO YOU FEEL LIKE THE, THE THE WORKING WITH THIS DEVELOPER HAS BEEN PRODUCTIVE AND, AND, AND TIMELY AND, AND CONDUCIVE TO SOME SORT OF, OF MEDIATED AGREEMENT? THEY HAVE BEEN VERY RECEPTIVE TO THE, UH, SKYVIEW GROUPS, YES.
[00:55:01]
JOHNSON.UM, MS. BROWN, YOU MENTIONED A SITE PLAN HAD PREVIOUSLY BEEN FILED, UH, AND YOU REFERENCED IT AT ONE POINT AS WELL, AND THE APPLICATION DID DEMONSTRATE SOME OF THE ISSUES WITH ACCESS ALONG THE DILLARD CIRCLE FRONTAGE.
UM, IS THAT SITE PLAN CURRENTLY ACTIVE UNDER REVIEW? IS THAT EXPIRED? WITHDRAWN.
SO THERE'S NO CURRENT DEVELOPMENT PERMIT APPLICATION UNDER PROCESS THE SITE, CORRECT.
YEAH, WE WE'RE STARTING FROM SCRATCH.
AND SO WILL THE, AS FAR AS YOU KNOW, DOES THE CLIENT INTEND TO SUBSTANTIALLY DIFFER FROM THE SITE PLAN THAT WAS PREVIOUSLY FILED? WE DON'T KNOW AT THIS POINT.
THE ORIGINAL BUILDING IS A FIVE STORY, UH, RESIDENTIAL BUILDING.
AND THE PLAN NOW IS ALSO A FIVE STORY RESIDENTIAL BUILDING.
WE WENT THROUGH SEVERAL ROUNDS OF COMMENTS WITH THE ORIGINAL SITE PLAN AND A LOT OF THE SITE DESIGN IS DICTATED BY STAFF REQUIREMENTS, AUSTIN WATER REQUIREMENTS, AUSTIN ENERGY REQUIREMENTS.
AND SO IN AS MUCH AS THEIR REQUIREMENTS AND PREFERENCES CHANGE WITH REGARD TO THE SITE, WE DON'T, WE DON'T REALLY KNOW.
BUT GENERALLY SPEAKING, THE DEVELOPMENT IS VERY SIMILAR.
AND I KNOW THERE WAS ONE POSTPONEMENT ALREADY AT THE NEIGHBORHOOD'S REQUEST FROM OUR PREVIOUS, UH, I THINK THE JULY 23RD MEETING TO TODAY.
IS THAT THE ONLY POSTPONEMENT THAT'S HAPPENED ON THIS CASE? CORRECT.
OTHER QUESTIONS? IS THERE A MOTION COMMISSIONER JOHNSON? OH, JUST A CLARIFYING QUESTION.
DO WE, IS THE, IS THIS A PUBLIC HEARING AT THIS POINT OR NO, THIS IS NOT A PUBLIC HEARING.
UM, I WOULD MOVE TO DENY THE POSTPONEMENT REQUEST.
YOU SECOND, UH, COMMISSIONER WOOD SECONDS.
WOULD YOU LIKE TO SPEAK TO THAT? SURE.
UM, I THINK THAT CLEARLY THE APPLICANT IS MAKING GOOD PROGRESS IN WORKING WITH THE NEIGHBORHOOD, UM, AND UNDERSTANDING THAT ANY APPROVAL OR OR RECOMMENDATION WE MAKE TONIGHT IS NOT THE FINAL ACTION ON REZONING.
THAT THIS WOULD STILL HAVE TO GO TO CITY COUNCIL TO BE HEARD, UH, FOR PROTESTS TO BE CONSIDERED NOTIFICATION, ALL THAT.
UM, I JUST DON'T SEE ANY REASON TO ADD AN ADDITIONAL DELAY AFTER THE, THE THREE WEEK DELAY THAT'S ALREADY BEEN PLACED, UH, WHEN THE PROCESS OF, UH, APPLICANT OR DEVELOPER AND, AND, UH, NEIGHBORS WORKING TOGETHER SEEMS TO BE GOING WELL ENOUGH.
UM, IT JUST DOESN'T SEEM TO ME, FRANKLY, LIKE A DELAY IS NECESSARY AT THIS STAGE.
ANYBODY SPEAKING AGAINST THE MOTION COMMISSIONER MUELLER? UM, I WILL, AND I, I APOLOGIZE.
I SHOULD HAVE ASKED WHEN THIS IS, WHEN THIS IS SUPPOSED TO GO TO COUNCIL.
DID WE HAVE A DATE ON THAT? STAFF IS COMING UP TO HELP US OR IF SOMEBODY'S QUICK ON THE DRAW WITH BACKUP.
YES, THIS IS SET TO GO TO CITY COUNCIL ON THE 29TH OF AUGUST.
IT'S A, UH, I'LL SPEAK IN OPPOSITION.
I'M STILL, I'M STILL CONSIDERING THE MOTION.
UM, MY CONCERN IS THAT WE TRY AND ENCOURAGE OUR DEVELOPERS AND NEIGHBORHOODS TO GET THINGS WORKED OUT BEFORE IT GETS TO WHICHEVER ZONING BODY PC OR ZAP.
AND THAT WAY THE PROCESS GOES SMOOTHER.
UM, IT, IT CAN COME BACK ON ON, YOU KNOW, IDEALLY IT WOULD COME ON CONSENT IF BOTH PARTIES WERE IN AGREEMENT, BUT I FEEL LIKE IF WE TAKE THAT PROCESS AWAY AND WE BYPASS OUR STUFF AND THE PUBLIC PROCESS, I DON'T THINK WE'RE DOING THE PUBLIC A GOOD SERVICE.
THIS PROJECT IS NOT, THIS ISN'T ONE OF OUR ONES THAT WAS, YOU KNOW, WAS APPROVED UNDER DESIGNATION AND WAS COMING BACK AND FUNDING ON THE LINE, THIS, THAT, AND THE OTHER THING.
SO I, I THINK WE NEED TO ENCOURAGE THESE DIALOGUES AND CONVERSATIONS TO HAPPEN BEFORE THEY GET TO US AND THAT, SO THAT THE ONLY ONES