* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] UM, HAVING A QUORUM PRESENT. [CALL TO ORDER] UH, WE WILL CALL THIS MEETING TO ORDER AT 6:06 PM AND FIRST, I WILL TAKE ROLE AS STATED IN THE ORDER OF THE AGENDA. UM, WHEN I CALL YOUR NAME, JUST RAISE YOUR HAND OR STATE HERE. UH, CHAIR HEMPEL HERE. VICE-CHAIR ARE HERE. COMMISSIONER ANDERSON HERE. COMMISSIONER WOODS. HERE. COMMISSIONER HOWARD IS NOT PRESENT. COMMISSIONER BREIRA RAMIREZ. HERE. COMMISSIONER MAXWELL WILL BE ARRIVING LATE THIS EVENING. COMMISSIONER MOOSH TOLER. IT'S NOT ONLINE YET. COMMISSIONER JOHNSON IS ALSO ARRIVING LATE THIS EVENING. COMMISSIONER SKIDMORE HERE. COMMISSIONER COX IS NOT PRESENT. COMMISSIONER PHILLIPS NOT PRESENT. AND COMMISSIONER HANS HERE. ALL RIGHT. AND THEN I ALSO WANNA RECOGNIZE OUR EX OFFICIO MEMBERS, UH, BOARD CHAIR COHEN. AND WE HAVE A BOARD OF TRUSTEES MEMBER CANDACE HUNTER. ALRIGHT, EVERYBODY. SO LET'S GET STARTED. UM, AS USUAL, OUR MEETING WILL BE HYBRID, ALLOWING FOR A VIRTUAL QUORUM AND COMMISSIONERS ONLINE. WE ARE JUST AT QUORUM, AS YOU CAN SEE. SO , IF YOU GO OFF CAMERA, WE WILL HAVE TO ADJOURN OR RECESS THE MEETING. UM, SO, UH, THOSE ONLINE PLEASE HAVE YOUR YELLOW, GREEN, RED FOR VOTING. AND REMEMBER TO SIGN, SEND YOUR SIGN IN SHEET TO, UH, MS. GARCIA. UM, ALRIGHT. IF YOU ARE SIGNED UP TO SPEAK, YOU'LL RECEIVE AN EMAIL PRIOR TO THE COMMISSION TAKING UP YOUR ITEM AND SPEAKERS CAN DONATE TIME. BOTH THE SPEAKER DONATING TIME AND THE SPEAKER RECIPIENT MUST BE PRESENT IN PERSON WHEN THE ITEM IS CONSIDERED. ALRIGHT, MS. GARCIA, DO WE HAVE ANYONE SIGNED UP TO SPEAK DURING PUBLIC COMMUNICATION CHAIR? WE DO NOT HAVE ANY SPEAKERS FOR PUBLIC COMMUNICATION. OKAY. UH, MOVING ON [APPROVAL OF MINUTES] IS APPROVAL OF THE MINUTES. UM, WE HAVE THE MINUTES FROM JULY 23RD AND AUGUST 13TH ARE ON THE, UM, UH, PRESENTED IN OUR BACKUP. DOES ANYONE HAVE ANY EDITS TO THOSE MINUTES? HEARING NONE. UM, THOSE MEETING THE MINUTES WILL BE ADDED TO THE CONSENT AGENDA. MOVING ON, OUR [Consent Agenda] FIRST ACTIVITY TODAY IS TO VOTE ON THE CONSENT AGENDA. ITEMS THAT ARE CONSENT APPROVAL, DISAPPROVAL, POSTPONEMENTS OF PUBLIC HEARINGS, OR NON-DISCUSSION ITEMS, VICE CHAIR ZARA WILL READ THE PROPOSED CONSENT AGENDA AND IDENTIFY THOSE THAT ARE CONSENT POSTPONEMENT AND NON-DISCUSSION COMMISSIONERS. YOU'LL ALSO HAVE THE OPPORTUNITY TO REQUEST CONSENT ITEMS BE PULLED FOR DISCUSSION. SO, VICE CHAIR THANK YOU CHAIR. I WILL BE GOING OVER OUR PUBLIC HEARING ITEMS TODAY. SO THIS IS I NUMBER TWO, WHICH IS A PLAN AMENDMENT NPA DASH 2023 DASH ONE, 8.0 6 67 25 SHIRLEY AVENUE, DISTRICT FOUR. THIS ITEM IS UP FOR A STAFF POSTPONEMENT DUE SEPTEMBER 24TH. UM, I, NUMBER THREE IS THE ASSOCIATED REZONING C 14 DASH 2023 DASH 0 1 3 2 67 25 SHIRLEY AVENUE, DISTRICT FOUR. THIS ITEM IS ALSO UP FOR STAFF POSTPONEMENT TO SEPTEMBER 24TH. I NUMBER FOUR IS THE PLAN AMENDMENT NPA DASH 2023 DASH 0 0 4 0.0 3 43 0 2 KNUCKLES CROSSING DISTRICT TWO. THIS ITEM IS UP FOR POSTPONEMENT TO OCTOBER 22ND BY STAFF I NUMBER FIVE IS ALSO A PLAN AMENDMENT NPA DASH 2023 DASH 9 2 0 2 HUMANE SOCIETY OF AUSTIN AND TRAVIS COUNTY DISTRICT FOUR. THIS ITEM IS ALSO UP FOR STAFF POSTPONEMENT TO OCTOBER 22ND. I NUMBER SIX IS A REZONING C 14 DASH 2 23 DASH 0 9 4 MERL DISTRICT FIVE. THIS ITEM IS UP FOR APPLICANT INDEFINITE POSTPONEMENT I NUMBER SEVEN IS A REZONING C EIGHT 14 DASH 2 23 DASH 0 5 7 200 EAST RIVERSIDE. BUT THIS ITEM IS UP FOR DISCUSSION I NUMBER EIGHT IS A REZONING C EIGHT 14 DASH 82 DASH 6 0 2 83 LAKE AUSTIN COMMONS, BUT AMENDMENT DISTRICT NINE. THIS ITEM IS UP FOR DISCUSSION I NUMBER NINE IS A HISTORIC ZONING C 14 H DASH 2024 DASH ZERO 100 SPL GREENHOUSE DISTRICT NINE. THIS ITEM IS UP FOR CONSENT. I NUMBER 10 IS ALSO HISTORIC ZONING, C 14 H 2024 DASH NINE FOUR BROOKS HOUSE DISTRICT 10. THIS ITEM IS UP FOR CONSENT. I NUMBER 11 IS ALSO HISTORIC ZONING, UH, C 14 H DASH 20 20 24 DASH NINE EIGHT RES HOUSE DISTRICT NINE. THIS ITEM IS UP FOR CONSENT. I NUMBER 12 IS AN LDC AMENDMENT C 20 DASH 2023 DASH 0 2 6 LIVE MUSIC AND CREATIVE SPACE BONUS PHASE TWO. THIS ITEM IS UP FOR STAFF POSTPONEMENT TO SEPTEMBER 24TH AND SHARE THAT IS ALL OF OUR LTC ITEMS WITH THE CAVEAT THAT IF COMMISSIONERS WOULD LIKE, WE CAN ADD, UM, ONE OF OUR DISCUSSION ITEMS, WHICH IS THE, UH, THE ACTION RELATING TO THE INTERIM PLANNING COMMISSION RULES AND PROCEDURES THAT WERE SHARED IN, IN ADVANCE. IF FOLKS ARE WILLING, WE CAN ADD THOSE TO THE CONSENT AS WELL. THANK YOU CHAIR. THANK YOU. VICE CHAIR, THAT WOULD BE ITEM NUMBER 15. SO, UM, WE'LL START WITH MS. GARCIA. DO WE HAVE ANY SPEAKERS [00:05:01] SIGNED UP FOR ANY OF THE ITEMS ON THE CONSENT AGENDA CHAIR? WE DO NOT. OKAY. ANY COMMISSIONERS WANT TO PULL ANY OF THE CONSENT ITEMS FOR DISCUSSION OR OTHERWISE HAVE QUESTIONS ON THE CONSENT AGENDA? OKAY. UM, LOOKING FOR A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA AND APPROVE THE MINUTES. UM, AS STATED MADAM CHAIR DEPARTMENT, ARE WE MOVING 15 OR, UM, OR IS THAT JUST A FRIENDLY SUGGESTION? UH, IF I DIDN'T HEAR ANY OBJECTION FROM MOVING, UH, 15 TO A DISCUSSION TO CONSENT, UM, DID YOU WANT TO STILL DISCUSS THAT ONE? NO, IF I, I JUST HEARD THE SUGGESTION I DIDN'T. IF, IF THAT'S A OKAY, IF THAT'S A MOTION AND A SECOND. I, SO YES, IF I, IF I CAN MAKE A QUICK COMMENT ON THAT ONE JUST FOR CLARIFICATION TO FOLKS. SO, UM, AS YOU ALL KNOW, WE SHARED THOSE, UM, LAST TIME AND THEY'RE PRETTY MUCH, MUCH ARE, THERE'S FIDELITY TO THAT. AND THEN THE REVISED ONES WERE SENT TO Y'ALL EARLIER AS WELL. THANK YOU STAFF FOR SHARING THOSE OUT. UM, WE RECEIVED AMENDMENTS FROM SOME COMMISSIONERS AND THOSE WERE INCLUDED WITH CONVERSATION WITH THEM. SO WE HAVE NOT RECEIVED ANY OTHER CONVERSATION ON THAT. SO, AGAIN, IF THERE'S NO OBJECTION, AND I GUESS WE'RE GONNA GO AHEAD AND ADD THAT TO THE CONSENT AS WELL. ALRIGHT. UM, BUT MADAM CHAIR, I WOULD SAY ONE THING, UM, A COUPLE OF TIMES AND, AND I'LL VOTE FOR THE, UH, RULES, UH, APPRECIATE, UH, YOU AND, AND VICE CHAIR AZAR, UH, HEADING THAT UP AND GETTING THOSE DONE. BUT I, I WOULD, I WOULD LIKE TO JUST, UH, SAY THAT THERE'S A COUPLE INSTANCES THAT IN THE, IN THE DRAFT RULE ARE, ARE NOW THE, THE GONNA BE THE FINAL RULES, UM, WHERE IT'S, UH, THAT WE'RE GONNA SAY IT'S GONNA TAKE A TWO THIRDS VOTES TO AMEND THAT OFFER AN AMENDMENTS TO CHANGE THE ORDER AND THINGS LIKE THAT. UM, I'M OKAY WITH THAT. UH, I, I WISH THEY WERE A MAJORITY VOTE, UH, ESPECIALLY AS A GUY WHO'S BEEN OUTVOTED ONE TIME BEFORE ON THE DICE. BUT, UH, I, I GET IT. MM-HMM. I UNDERSTAND TO GO TO TWO THIRDS, BUT MAJORITY VOTE SEEMS LITTLE DE DEMOCRATIC TO ME, BUT I'M, I'M NOT GONNA VOTE AGAINST TWO THIRDS EITHER. SO I APPRECIATE Y'ALL PUTTING THOSE TOGETHER. YEAH, THANK YOU FOR THAT COMMENT. AND TO CLARIFY, THESE ARE THE INTERIM RULES, RIGHT? REMEMBER, WE'LL HAVE THE WORKING GROUP THAT CAN SOLIDIFY THOSE AND ADDRESS COMMENTS LIKE THAT. CHAIR. YES, I CHAIR AND, AND CHAIR, IF I MIGHT MENTION YES. TO CLARIFY THAT. THANK YOU, UH, COMMISSIONER. HE, SO, YES. UM, JUST A REMINDER TO FOLKS, THESE ARE INTERIM OR SORT OF PLACEHOLDER RULES THAT WILL GO INTO EFFECT IMMEDIATELY. THEY'VE REPLACED ALL OF OUR EXISTING SORT OF RULES DOCUMENTS, SO WE'LL CLEAR IT UP, GET RID OF ANY SORT OF CONFUSION. OUR STAFF WILL WORK ON THAT IN DUE TIME, UM, TO ADDRESS THAT. BUT, UH, ESSENTIALLY YOU WOULD, UH, REMOVE THESE, BUT THEN YOU'LL SEE THAT ITEM NUMBER 13 WAS THE CREATION OF THAT WORKING GROUP ON GOVERNANCE. THE WORKING GROUP WILL SORT OF PICK UP THE WORK THERE AND AT, AT THE TIME THAT IT FEELS LIKE IT CAN BRING SOMETHING BACK TO THE BODY, WHATEVER THAT GROUP, UM, SUGGESTS, WILL ESSENTIALLY REPLACE THESE RULES. THANK YOU, CHAIR. YES, THAT'S RIGHT. OKAY. SO GOING BACK TO, UH, LOOKING FOR A MOTION IN A SECOND FOR OUR YES, COMMISSIONER. SORRY, I WAS, UH, LATE ONTO THE MEETING. DID THEY GET CLARIFICATION ON THE, UH, MEETING MINUTES? YES. OUR STAFF WENT BACK AND WATCHED THE VIDEO AND, UM, IF YOU HAVE A, A QUESTION ON THE DETERMINATION, WE CAN POSTPONE IT AND TABLE THOSE MINUTES UNTIL OUR NEXT MEETING. BUT AS OF RIGHT NOW, THEY'RE STANDING AS, UM, THE ABSTENTION ON THE CONSENT AGENDA. UM, AND NOT JUST THE MINUTES, IF THAT MAKES SENSE. BUT IF, IF WE, YOU WANT TO REVIEW THAT OR TALK WITH STAFF, WE CAN POSTPONE THOSE MINUTES ON CONSENT AS WELL. SURE. YES, PLEASE. OKAY. SO, UM, TO CLARIFY FOR THE COMMISSION, THE JULY 23RD MINUTES WILL BE POSTPONED UNTIL OUR NEXT MEETING ON SEPTEMBER 24TH, BUT WE ARE STILL MOVING THE AUGUST 13TH MINUTES. UM, HAVING HEARD NO EDITS. SO WITH THIS, I'M LOOKING FOR A MOTION AND A SECOND TO CLOSE PUBLIC HEARING AND, UH, APPROVE THE CONSENT AGENDA. OKAY. MOTION BY VICE CHAIR, SECOND BY COMMISSIONER SKIDMORE. UM, UNLESS THERE IS OBJECTION, THAT MOTION PASSES. OKAY. THANK YOU FOR THAT. LET'S MOVE ON TO OUR PUBLIC HEARINGS. UM, SO THIS EVENING WE'RE GOING TO START WITH ITEM NUMBER. COULD YOU RECOGNIZE COMMISSIONER AL? I'M SORRY, COMMISSIONER AL HAS JOINED. YES. COMMISSIONER MUTAL. WE'RE REFLECTING YOUR ATTENDANCE ON THE, THE MEETING TONIGHT. ALL RIGHT. UM, OKAY. MOVING [7. Rezoning: C814-2023-0057 - 200 E. Riverside PUD; District 9] ON TO DISCUSSION ITEM NUMBER SEVEN. THIS IS THE 200 EAST RIVERSIDE HUD, AND WE'LL HEAR FROM MS. ES. FIRST MADAM CHAIR, UH, PAUL [00:10:01] MENTOR INQUIRY. UM, I'D ASKED FOR A POSTPONEMENT OF THIS ITEM. I THOUGHT TYPICALLY WE TOOK UP THE, THE TALK OR WHATEVER, THE POSTPONEMENT FIRST BEFORE WE WENT INTO THE HEARING. BUT JUST ASK HIM ABOUT THAT. UM, COMMISSIONER HAYES, I THOUGHT THAT WE COULD HEAR, UH, THE, THE A, THE, THE CITY, THE APPLICANT, AND THEN ENTERTAIN A MOTION WHICH COULD INCLUDE POSTPONEMENT. WORKS FOR ME. OKAY. GOOD EVENING COMMISSIONERS. SHERRY CERTI WITH THE PLANNING DEPARTMENT. THIS IS ITEM NUMBER SEVEN, WHICH IS AN INCASE C 8 1 4 20 23 0 0 5 7 200 EAST RIVERSIDE PLANNED UNIT DEVELOPMENT, WHICH IS LOCATED AT 200 EAST RIVERSIDE DRIVE. THE REQUEST IS FROM LIMITED INDUSTRIAL NEIGHBORHOOD PLAN. COMBINING DISTRICT ZONING TO PLANNED UNIT DEVELOPMENT, PUD MP, COMBINING DISTRICT ZONING, THE APPLICANT HAS SUBMITTED A REZONING APPLICATION FOR A PROPOSED OFFICE IN COMMERCIAL DEVELOPMENT ON 3.955 ACRES KNOWN AS 200 EAST RIVERSIDE PLANNED UNIT DEVELOPMENT. THE PROPERTY IN QUESTION IS CURRENTLY DEVELOPED WITH A 92,892 SQUARE FOOT TWO STORY OFFICE, VACANT OFFICE BUILDING WITH SURFACE PARKING THAT WAS CONSTRUCTED IN 1970. THIS TRACT LAND HAS A DRIVEWAY TO EAST RIVERSIDE DRIVE AND LEASE LITTLE EAST RIVERSIDE DRIVE, WHICH IS A 60 FOOT WIDE PRIVATE ACCESS EASEMENT. ADJACENT TO THE WESTERN PROPERTY LINE, THERE ARE OFFICE AND COMMERCIAL USES TO THE NORTH AND WEST ZONE, CSV, MP, CS VCO O MP, AND CSCO MP. THE LOTS TO THE SOUTH AND EAST ARE DEVELOPED WITH MULTIFAMILY COMPLEXES THAT ARE DEVELOP, THAT ARE ZONED LNP AND PD MP RESPECTIVELY. THE PROPERTY IS CURRENTLY ZONED WITH LMP LAKE COMMERCIAL NEIGHBORHOOD PLAN DISTRICT ZONING. BASED ON THE INFORMATION SUBMITTED WITH THIS REQUEST, THE APPLICANT IS ASKING FOR A REZONING TO PUD NP ZONING TO DEVELOP A MULTI-USE PROJECT THAT WOULD INCLUDE TWO HIGH RISE BUILDINGS WITH APPROXIMATELY 1003 OR 1,003,700 377,787 SQUARE FEET. BOY, THAT WAS INTERESTING OF OFFICE USES AND 29,000 SQUARE FEET OF GROUND FOUR COMMERCIAL RETAIL USES WITH A MAXIMUM HEIGHT OF 500 FEET AND A MAXIMUM FA OF R OF 14 TO ONE. THE DEVELOPMENT WILL BE BUILT IN ONE PHASE AND IS ANTICIPATED TO BE COMPLETED IN 2026. THE PROPERTY IS LOCATED WITHIN THE LADY BIRD LAKE AND EAST BOLD CREEK WATERSHEDS, WHICH ARE CLASSIFIED AS URBAN WATERSHEDS. THE BANKS OF LADY BIRD LAKE ARE APPROXIMATELY 160 FEET TO THE NORTHEAST OF THIS TRACT LAND. THIS SITE IS WITHIN THE SOUTH CENTRAL WATERFRONT SUBDISTRICT OF THE WATERFRONT OVERLAY AND IS WITHIN THE SOUTH CENTRAL WATERFRONT VISION FRAMEWORK PLAN DISTRICT BOUNDARIES. AND AS YOU'RE AWARE, THE LONG RANGE PLANNING DIVISION IN THE PLANNING DEPARTMENT IS CURRENTLY IN THE PROCESS OF REVISING THE SOUTH CENTRAL WATERFRONT REGULATING PLAN AND ACCOMPANYING SOUTH CENTRAL WATERFRONT VISION FRAMEWORK PLAN PER CITY COUNCIL RESOLUTION. ACCORDING TO THE STAFF REGULATING PLAN IS NOW KNOWN AS THE SOUTH CENTRAL WATERFRONT COMBINING DISTRICT AND DENSITY BONUS PROGRAM HAS EVOLVED SIGNIFICANTLY AND IS BASED ON THE DOWNTOWN DENSITY CITY BONUS PROGRAM. THESE CHANGES ARE SCHEDULED TO COME BEFORE THE CITY COUNCIL FOR CONSIDERATION ON SEPTEMBER 12TH. THE PUD, THE PUD APPLICATION IS REQUESTING SIX CODE MODIFICATIONS, WHICH ARE LISTED IN EXHIBIT E IN YOUR BACKUP. THE PROPOSED BENEFITS OF THE PUD ARE AS FOLLOWS, THE APPLICANT HAS DEMONSTRATED THAT IN THEIR SUBMITTAL MATERIALS THAT THE PROJECT WILL MEET ALL OF THE APPLICABLE TIER ONE PUD DEVELOPMENT STANDARDS AND OFFER ELEMENTS OF SUPERIORITY IN 10 TIER TWO CATEGORIES, WHICH ARE OPEN SPACE PARKLAND, ENVIRONMENTAL DRAINAGE, AUSTIN ENG, ENERGY, GREEN BUILDING ART, COMMUNITY AMENITIES, TRANSPORTATION, BUILDING DESIGN, PARKING STRUCTURE, FRONTAGE ACCESSIBILITY, AND SMALL LOCAL SMALL BUSINESS. THOSE ARE ALSO IN EXHIBIT D IN YOUR BACKUP MATERIAL. THEREFORE, THE STAFF'S RECOMMENDATION IS TO APPROVE THE 200 EAST RIVERSIDE UNIT PLANNED UNIT DEVELOPMENT WITH THE CONDITIONS FROM THE ENVIRONMENTAL STAFF THAT YOU'RE ALSO REFLECTED IN THE ENVIRONMENTAL BOARD MOTION THAT HAS BEEN INCLUDED ONLINE, THE AUSTIN FIRE DEPARTMENT RECOMMENDATIONS, AND THE RECOMMENDATIONS FROM THE TRANSPORTATION AND PUBLIC WORKS DEPARTMENT THAT ARE LISTED IN YOUR BACKUP. THE REASON FOR THE PUD RECOMMENDATION IS THAT THE PROPOSED ZONING MEETS THE REQUIREMENTS OF A PUD. THE PROPOSED ZONING WILL ENABLE THE APPLICANT TO UTILIZE THIS VACANT PROPERTY TO CONSTRUCT A HIGHER DENSITY OFFICE AND COMMERCIAL DEVELOPMENT ALONG AN IMAGINE AUSTIN CORRIDOR, EAST RIVERSIDE DRIVE. THE REDEVELOPMENT OF THIS SITE WILL REMOVE THE EXISTING BUILDING AND SURFACE PARKING AREAS TO CONSTRUCT TWO NEW TOWERS, WHICH WILL REDUCE THE OVERALL IMPERVIOUS COVER ON THE PROPERTY BY 9.8%. THE PUD WILL ENCOURAGE A PEDESTRIAN ENVIRONMENT BY EXPANDING OPEN SPACE WITH CONNECTIONS TO THE WATERFRONT AT THIS LOCATION ALONG A PROJECT CONNECT BLUE LINE NEAR A PROPOSED FUTURE CAPITAL METRO BARREL STATION. THERE ARE NUMEROUS TRANSPORTATION OPTIONS CURRENTLY AVAILABLE IN THIS AREA WITH THE ANNE AND ROY BUTLER HIKE AND BIKE TRAIL ALONG THE NORTHERN PROPERTY OF THIS TRACK [00:15:01] CONNECTING TO THE BOARDWALK, THE BOARDWALK TO CONGRESS AVENUE ON LADY BIRD LAKE AND CAPITAL MESSER METRO BUS ROUTES ALONG EAST RIVERSIDE DRIVE. AND I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE. AND I DO ALSO HAVE ENVIRONMENTAL AND TRANSPORTATION STAFF WITH US TONIGHT. THANK YOU SO MUCH. THANK YOU, CHAIR. WE WILL NOW HEAR FROM THE APPLICANT. OKAY. CHAIR MEMBERS OF THE COMMISSION. MY NAME'S RICHARD SETTLE. I'M HERE ON BEHALF OF THE APPLICANT AND I'M GUESSING THAT THERE MIGHT BE SOMETHING ELSE GOING ON TONIGHT THAT YOU DON'T WANNA STAND HERE AND LISTEN TO ME OR SIT HERE AND LISTEN TO ME. SO I'M GONNA MAKE IT VERY BRIEF ON THE A ON THE, UH, PRESENTATION PART. WE ADOPT THE STAFF RECOMMENDATION ON THIS AS WELL AS THE ENVIRONMENTAL BOARD RECOMMENDATION IN FAVOR WITH THE EXCEPTION OF THE FIRE DEPARTMENT HAD, HAS ASKED FOR A FIRE STATION ON THIS SITE. WE CAN'T FIGURE OUT HOW TO MAKE THAT WORK BECAUSE OF THE CONFIGURATION OF THE SITE AT RIVERSIDE, LITTLE RIVERSIDE. PLUS THE TRAIN IS GONNA COME RIGHT THROUGH HERE AND I'LL SHOW YOU. WE'RE LOADED UP, RIGHT? YEAH. I'LL SHOW YOU IN A MINUTE HOW THAT'S GONNA WORK. UM, WE'RE ASKING BASICALLY FOR A, UH, FLEXIBLE PLANNING AND, AND A BUCKET OF DENSITY AND A BUCKET OF OF TRIPS SO THAT WE CAN PLAN THIS. IT'S TOUGH TO PLAN RIGHT NOW BECAUSE WE DON'T KNOW EXACTLY WHERE THE TRAIN'S COMING THROUGH. WE ARE GOING TO MAKE SURE THE TRAIN FITS. THE TRAIN STATION WANTS TO BE BASICALLY AT OR NEAR THIS SITE. UM, THIS IS VERY SIMILAR TO THREE OTHER PUDS THAT Y'ALL HAVE ALREADY PASSED IN THE SAME SOUTH CENTRAL WATERFRONT DISTRICT. THE MOST RECENT BEING THE FIRESTONE P THE, UH, THE COMMUNITY BENEFITS AND ALL ARE COMMENSURATE TO THE, TO THE OTHER THREE THAT Y'ALL HAVE ALREADY PASSED. UM, WHY NOT WAIT FOR THE SOUTH CENTRAL PLAN? THIS IS AN IMPORTANT POINT THAT WILL BECOME VERY CLEAR IN THE NEXT DAY OR TWO. THE MAJORITY OF THE LANDOWNERS IN THE SOUTH CENTRAL PLAN WILL BE DELIVERING A LETTER TO THE CITY IN THE NEXT COUPLE OF DAYS THAT SAYS NONE OF THEM ARE GONNA PARTICIPATE IN THE PLAN AS WRITTEN. IT FLAT DOESN'T WORK. AND YOU ASK, HOW CAN THAT BE AFTER ALL THESE YEARS OF PLANNING? AND THE KEY COMPONENT IS FINANCIALLY THE CITY'S CONSULTANTS HAVE TOLD US ALL, AND IT'S A WIDE VARIETY OF VERY SOPHISTICATED LANDOWNERS AND DEVELOPERS THAT THEIR MARGIN, THAT THESE UNDER THE SOUTH CENTRAL PLAN, THEIR PROJECTS CAN BE MARGINALLY FEASIBLE. AND WE DON'T KNOW WHAT WE'RE TALKING ABOUT AND WE'RE JUST BEING GREEDY AND THEY NEED TO ADOPT THE CONSULTANTS PLANS. AND I WILL TELL YOU, THERE'S, IN MY OFFICE ALONE, THERE'S FOUR MORE PUDS BEING CREATED BECAUSE WE'RE NOT GONNA DO THE SOUTH CENTRAL PLAN AS IT IS TODAY. UH, THAT'LL BE DELIVERED IN THE NEXT COUPLE DAYS. UM, LET ME RUN THROUGH THIS RIGHT QUICK. THIS IS, YOU SEE WHERE THIS IS? IT'S, IT'S, UH, OFF THE RIVER. IT'S ON RIVERSIDE DRIVE. IT'S ON THE, UH, TRAIN LINE. NEXT SLIDE PLEASE. THIS JUST SHOWS THE, THE CURRENT ZONING. IT'S, IT'S A UNIQUE ZONING. IT'S L IT'S GOT 200 FEET OF HEIGHT TODAY, BUT IT'S CAPPED WITH THE WATERFRONT OVERLAY AT AT 96 FEET, WHICH IS WHY WE'RE ASKING FOR THE, THE DENSITY UNDER THE PUT AND, AND GOING UP TO 500 FEET. NEXT SLIDE PLEASE. I DON'T KNOW WHAT THIS SLIDE IS. NEXT SLIDE PLEASE. , WE'VE GOT , WE GOT BASICALLY SIX CODE MODIFICATIONS THAT WE'RE ASKING FOR. AS YOU KNOW, THE, THE PUT IS SET UP TO WHERE YOU, YOU PICK WHAT YOU WANNA MODIFY. AND WE'VE GOT SIX PREVIOUS ONES HAVE HAVE HAD MORE THAN THAT. WE NARROWED IT DOWN TO SIX. NEXT SLIDE PLEASE. NEXT SLIDE PLEASE. NEXT SLIDE PLEASE. NEXT SLIDE PLEASE. THESE ARE ALL THE SUPERIORITY ELEMENTS THAT, UH, GARNERED THE STAFF REPORT, OUR STAFF SUPPORT, AND THE ENVIRONMENTAL COMMISSION SUPPORT. NEXT SLIDE, PLEASE. SO NOW THESE, THESE THREE SLIDES ARE CONCEPT ONLY, BUT IT GIVES YOU AN IDEA OF THE PLANNING PROCESS WE'RE GOING THROUGH. WHAT THIS SHOWS IS HOW THE TWO TRAIN LINES WANT TO CONVERGE AT OUR SITE. AND THIS IS A TWO BUILDING SCHEME, BUILDING ONE AND BUILDING TWO. AND IT, IT SHOWS HOW WE CAN ACCOMMODATE THE TRAIN COMING FROM THE EAST AND HEADING NORTH, AND ALSO THE ONE COMING FROM THE SOUTH HEADING NORTH ON CONGRESS. NEXT SLIDE PLEASE. THIS IS A THREE BUILDING, UH, SCHEME UNDER THIS ONE IS KIND OF THE, THE FAVORITE RIGHT NOW BECAUSE WE COULD START BUILDINGS TWO AND THREE AND NOT MESS WITH THE TRAIN GUYS PLANNING ON HOW THAT TRAIN STATION OR HOW THAT, UH, TRAIN LINE MAY COME THROUGH. BUT THIS IS JUST, UH, YET ANOTHER ONE. NEXT SLIDE PLEASE. AND THEN THERE'S ALSO A A FOUR BUILDING SCHEME. WE HAVE NOT LANDED ON ANY ONE OF THEM, BUT YOU CAN SEE THAT THIS SITE WILL ACCOMMODATE A MULTI-BUILDING, MULTI-USE PROJECT, UM, AND STILL ACCOMMODATE THE TRANSIT SYSTEM. AND IS THAT IT? NEXT ONE. I THINK THAT'S IT. SO WITH THAT, I'LL SIT DOWN AND ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE. [00:20:01] WE'D PER, WE'D PREFER NOT TO BE POSTPONED BECAUSE WE DON'T, WE DON'T THINK THE SOUTH CENTRAL PLAN IS GONNA GET ADOPTED ANYTIME SOON. AND IF IT IS, WE'RE GONNA PRESS THE PUT ANYWAY, MUCH LIKE THE THREE BEFORE YOU DID, BECAUSE IT JUST FLAT DOESN'T WORK. I'LL BE HAPPY TO ANSWER ANY QUESTIONS. THANK YOU. THANK YOU MR. SETTLE CHAIR. THERE ARE NO SPEAKERS ON THIS ITEM. OKAY, MR. SETTLE, DID YOU WANNA USE YOUR, UH, REBUTTAL TIME FOR, FOR ANY ADDITIONAL FOLLOW UP? OH, SURE. I GOT ANOTHER 15 MINUTES TO GO. NO MA'AM. NO NO. 15 MINUTES. ALRIGHT, I'LL, UH, LOOKING FOR A MOTION AND A, A SECOND TO CLOSE THE PUBLIC HEARING. COMMISSIONER WOODS SECOND VICE CHAIR. UNLESS THERE'S OBJECTION, THAT MOTION PASSES AND I'M NOTING COMMISSIONER PHILLIPS HAS, UH, JOINED US. OKAY, WELL I'LL OPEN IT UP TO, UH, QUESTIONS. WHO HAS THE FIRST QUESTION, MR. OH, I WAS GONNA MAKE A MOTION TO POSTPONE. IS THAT IN ORDER RIGHT NOW OR SHOULD WE DO THE QUESTIONS? UM, LET'S DO QUESTIONS. I THINK COMMISSIONER WINS HAVE ONE. THANK YOU CHAIR. I HAVE A QUESTION FOR MR. SUBTLE WITHOUT KIND OF, IT SOUNDS LIKE YOU SEE SOME FLAWS IN THE SOUTH CENTRAL WATERFRONT PLAN, BUT WITHOUT GETTING INTO THOSE, CAN YOU JUST KIND OF EXPLAIN HOW THIS PUD PROPOSAL ALIGNS WITH OR DIFFERS FROM THAT PLAN AS WRITTEN CURRENTLY? SURE. SO, AND YOU JUST STOP ME WHEN IT GETS TOO, TOO BORING, BUT I'LL, I'LL START WITH THE BASICS. UNDER THE SOUTH CENTRAL PLAN, THIS SITE HAS NO HEIGHT LIMITATION. UH, UNDER OUR PROVISION, WE'RE CAPPING IT AT 500 FEET UNDER THE SOUTH CENTRAL, THE PROPOSED FLORIDA AREA RATIO OF 16 TO ONE, WE'RE PROPOSING, UH, 14 TO ONE. UM, WE BASICALLY ADOPT AND ENHANCE ALL OF THE LANDSCAPE REQUIREMENTS BETWEEN THE TWO. THIS ONE, WE DID A LOT MORE ENVIRONMENTAL STUFF AND A LOT MORE LANDSCAPE STUFF THAN WHAT'S REQUIRED UNDER THE SOUTH CENTRAL PLAN. AND I CAN GO THROUGH ALL THOSE IN NAUSEATING DETAIL, BUT IT TALKS ABOUT ENHANCED TREE PRESERVATION, TREE SOILS, RAIN GARDENS, UH, POLLINATOR SPOTS, A LOT OF THE SAME THING THAT YOU SAW IN PREVIOUS PUDS AS WELL. AND ARE THERE SPECIFIC ASPECTS OF THIS PLAN THAT WOULD NECESSITATE THE PUD REQUEST EVEN IF THE SOUTH CENTRAL WATERFRONT PLAN WENT FORWARD? YES, BECAUSE UNDER THE SOUTH CENTRAL WATERFRONT PLAN, THEY HAVE THIS VERY TORTURED DENSITY BONUS PROGRAM THAT, AS YOU RECALL, THIS BODY, I BASICALLY THREW UP YOUR HANDS AND WENT, THIS IS NUTS. AND YOU, I THINK YOU RECOMMENDED JUST GO TO ONE TRIED AND TRUE. THE DOWNTOWN DENSITY BONUS STAFF DIDN'T LIKE THAT ONE EITHER, SO THEY CAME UP WITH ANOTHER ONE. AND WE, WE SUBMIT TO YOU THAT THEIR CURRENT ONE THAT THEY'RE PROPOSING IS UNWORKABLE. WHAT WE'RE PROPOSING, UM, AND LET'S JUST PICK THE ONE THAT'S THE MOST CRITICAL ONE. THE, THE AFFORDABLE HOUSING COMPONENT UNDER THE CURRENT PUD ORDINANCE WE'RE REQUIRED TO DO 10% AT 60% ONSITE. WE HAVE PRESERVED THAT OPTION AS WELL AS WE'VE SOFTENED IT OR HARDENED IT, HOWEVER YOU WANNA LOOK AT IT TO SAY, OR AN EQUIVALENT OR BETTER THAT MIGHT INCLUDE OFFSITE OR MIGHT INCLUDE FEE IN LIEBE. SO IN THE EVENT THAT THERE'S RESIDENTIAL ON THE SITE, WE ORIGINALLY FILED THIS THING AS AN OFFICE. IT'S BEEN AROUND SO LONG AND, AND OFFICE IS NOT A VERY GOOD USE RIGHT NOW. SO WE'VE, WE'VE KEPT THE OPTION TO DO A MULTI-USE PROJECT, BUT IF IT BECOMES RESIDENTIAL, IT WILL EITHER MEET OUR CURRENT HUD REQUIREMENT OR IF THE CITY SAYS WE'D RATHER HAVE IT, UH, HYBRID OR FEE AND LIE, OR THIS PARTICULAR CLIENT THAT I HAVE IS IN THE AFFORDABLE HOUSING BUSINESS AND THEY HAVE AN AFFORDABLE HOUSING PROJECT THAT'S NOT VERY MANY MILES FROM THIS TO THE EAST. WHAT, TWO OR THREE MILES? THREE MILES. THREE MILES. THREE MILES, THAT IS GOING TO ACTUALLY ROLL OVER AND BECOME NOT AFFORDABLE IN 2032. CORRECT. AND ONE OF THE THINGS WE WANTED TO TALK TO YOUR HOUSING DEPARTMENT ABOUT IS WHAT IF WE TOOK EXISTING AFFORDABLE HOUSING AND EXTENDED THAT OUT RATHER THAN THEN THEN TRY TO BUILD IT ONSITE IN A HIGH RISE? THE POINT HERE IS, IS THAT THERE'S MORE FLEXIBILITY UNDER OUR PROPOSAL FOR MORE AFFORDABLE HOUSING, FASTER THAN UNDER THE SOUTH CENTRAL PLAN. AND THAT'S THE KEY PIECE. AND SO MY LAST QUESTION IS, WOULD I GUESS WOULD DELAYING THIS CASE UNTIL THE SOUTH CENTRAL PLAN COULD BE ADOPTED BY CITY COUNCIL [00:25:01] IMPACT THE PROJECT'S ABILITY TO DELIVER ON SOME OF THOSE PROPOSED SUPERIORITY ELEMENTS IN THAT AFFORDABLE HOUSING BENEFIT THAT YOU'VE OUTLINED? SO THIS PROJECT HAS BEEN IN THE MILL FOR A LONG TIME AND IT'S UNIQUE IN THAT IT'S ON A LAND LEASE. AND SO FOR EVERY DAY THAT GOES BY THAT WE CAN'T PLAN AND BUILD IT, IT STARTS MESSING WITH THE FINANCIALS OF THE PROJECT. SO IF YOU DELAY THIS ON A HYPOTHETICAL, WHAT IF THE PLAN COMES AROUND, UM, YOU'RE DELAYING PLANNING AND YOU'RE DELAYING OUR ABILITY TO GET SOMETHING ON THE GROUND. NOW WHAT HAPPENS IF WE'RE MOVING ONTO THE PUD? LET'S JUST SAY YOU APPROVE THE PUD AND THE COUNCIL APPROVES THE PUD AND WE GET PARTIALLY THROUGH THE PLANNING PROCESS AND THEN SOUTH CENTRAL PLAN COMES AROUND AND WORKS, THEN I THINK WE WOULD STILL HAVE THE OPTION TO SHIFT GEARS, BUT WE WOULD ALREADY HAVE THE PLANNING PROCESS GOING. RIGHT NOW WE CAN'T PLAN ANYTHING INCLUDING THE TRAIN STATION BECAUSE WE DON'T HAVE ANYTHING TO PLAN TO. UNDERSTOOD. THOSE ARE ALL MY QUESTIONS. THANK YOU MR. SETTLE. THANK YOU. SHOULD I STAND UP HERE? I'LL JUMP IN WITH THE NEXT QUESTION IF I CAN. UM, AND I, I'LL START WITH YOU MR. SETTLE. THE, UM, YOU TOUCHED ON THIS BRIEFLY WITH COMMISSIONER WOODS'S QUESTION, BUT UM, RIGHT NOW IT'S PLANNED FOR GROUND FLOOR RETAIL OR COMMERCIAL AND THEN OFFICE. UM, AND IT'S TO BE OPEN IN 2026. AND I WAS JUST WONDERING ABOUT, YOU KNOW, AS THE DESIGN TEAM AND THE DEVELOPMENT TEAM HAS COME TOGETHER AND UNDERSTANDING THAT WE HAVE SO MANY VACANT SQUARE FEET OF OFFICE RIGHT NOW, WALK ME THROUGH HOW YOU'RE, YOU'RE RESERVING THE RIGHT FOR POTENTIALLY HOUSING. UM, BUT IT'S STILL TO BE OPEN IN 2026. SO I'M GUESSING I'M GONNA GO OUT ON A LIMB HERE AND SAY IT AIN'T GONNA BE OFF. IT'S THE FIRST THING OUTTA THE BOX. THAT'S WHY WE START BREAKING THESE BUILDINGS APART. 'CAUSE THOSE EASTERN SIDE BUILDINGS, WE COULD ACTUALLY DO HOUSING OR HOTEL OR SOME OTHER COMMERCIAL USE. ON THE GROUND FLOOR PIECE THAT YOU MENTIONED, THE THE, THE KEY TO THIS PROJECT, AND IT'S GONNA BE THE CORNERSTONE FOR THE ENTIRE SOUTH CENTRAL AND, AND ALL THE DEVELOPERS ARE IN ON BOARD WITH THIS, WE WANT A VERY POROUS AND PEDESTRIAN ORIENTED WALKING ACTIVE GROUND FLOOR. NOT JUST ON THIS SITE BUT ON THE SITE ACROSS THE STREET WITH TURN BRIDGE, THE SIDE OF CAT CORNER WITH RELATED. AND SO THE GOAL IS TO HAVE FIRST FLOOR, WHICH IS STILL OKAY, RETAIL AND, AND ACTIVE STUFF. THE SECOND BUILDING OR THIRD BUILDING, IT'S PROBABLY GONNA BE EITHER HOTEL OR RESIDENTIAL. THE OFFICE WE'RE JUST HOLDING BACK BECAUSE IT MAY, IT MAY BECOME, ONCE THE TRAIN GETS THERE, OFFICE MAY COME BACK FOR THIS LOCATION. SO THE THE ENTIRE SITE WOULDN'T BE OPEN IN 2026. YOU'LL OPEN A BUILDING AND THEN AS THE MARKET CHANGES, YOU'LL ADJUST TO THAT. YEAH. THAT, THAT'S BECAUSE WE'RE MANAGING THE TRAIN. YOU KNOW, THE TRAIN IS, IS IFFY, BUT WE'RE HOLDING THAT PLACE HOLDER AND WE'RE GONNA MOVE OFF THE TRAIN AND START. SO WE DON'T AFFECT THAT. YEAH. UM, NEXT QUESTION IS ABOUT THE FIRE STATION. AS ONE OF THE THINGS THAT STAFF WAS HOPING TO GET IN THIS SITE, UM, I KNOW THAT THEY'RE LOOKING FOR SPOTS FOR, AS THE POPULATION GROWS, NEW STATIONS. CAN YOU EXPLAIN A LITTLE BIT MORE ABOUT WHY THAT WOULDN'T WORK ON THIS SITE? AND THEN MAYBE STAFF, UM, ALSO EXPLAINING WHAT HAPPENS IF THAT REQUEST CAN'T BE ACCOMMODATED FOR THIS SITE. WHERE DOES, WHERE DOES THAT GO? SO CAN WE PULL UP A, CAN WE PULL UP THE UH, WELL LET'S JUST, LET'S JUST KEEP THAT ONE UP. SO FIRE STATIONS BY THEIR VERY NATURE NEED TO BE ABLE TO GET IN AND OUT PRETTY QUICKLY. THEY'LL NEED TO GO EAST, THEY'LL NEED TO GO WEST, NORTH, SOUTH. YOU CAN TELL IF BEST CASE SCENARIO IS THIS TRAIN IS ELEVATED, BUT YOU'RE STILL GONNA BE TRAFFIC, TRAFFIC HAMPERED TRYING TO GET OUT TO RIVERSIDE OR WHAT'S SHOWN IS LITTLE RIVERSIDE THERE. IT'S NOT EVEN A PUBLIC STREET AT THIS POINT. AND THEN, AND THEN IT'S GOTTA COME THE TRAIN, THE FIREMEN WOULD HAVE TO GO ACROSS THE TRAINS AND GO EITHER DIRECTION. SO IT'S, AND IT'S A SMALL SITE. I'LL LET THE STAFF TALK ABOUT WHERE IT MIGHT GO EL ELSEWHERE BECAUSE THERE ARE OTHER SITES THAT ARE NOT HEMMED IN BY THE TRAIN STATION. YES. MR. RA FOR SIRES, CAN YOU EXPLAIN THAT? I'VE GOT ONE MINUTE . ACTUALLY, COMMISSIONER, I ASKED FOR A REPRESENTATIVE FOR A FD TO BE HERE TONIGHT. I DON'T BELIEVE WE HAVE SOMEONE WITH THIS TO ADDRESS THEIR COMMENTS. UM, I DID SPEAK TO THEM EARLY ON, [00:30:01] UM, IN THE PUD PROCESS FOR ALL OF THESE P'S THAT ARE COMING IN, IN THIS AREA OFF OF CONGRESS AND RIVERSIDE. AND THEY HAVE A, A CONCERN ABOUT THE DENSITY OF THESE DEVELOPMENTS AND THE HIGH RISES THAT ARE COMING IN THAT THEY MAY NOT HAVE THE TRUCKS AND THE CAPABILITY TO HANDLE THOSE IF IN CASE THERE IS AN EMERGENCY. AND SO THESE WERE THEIR COMMENTS THAT THEY ASKED TO INCLUDE IN THE STAFF BACKUP AS PART OF OUR RECOMMENDATION. MM-HMM. . AND SO, UM, THAT IS BASICALLY THE REASONING IS THEY'RE JUST WORRIED ABOUT HAVING THE CAPACITY TO HANDLE THESE NEW LARGER STRUCTURES. MM-HMM. , UH, ESPECIALLY WITH LADDER TRUCKS AND JUST ENOUGH, UH, CLOSE PROXIMITY TO THESE LOCATIONS. OKAY. AND I THINK THAT'S JUST A BROADER, UH, BIGGER PICTURE QUESTION AROUND, UM, WHERE WE CAN LOCATE SOME OF THESE FACILITIES AS OUR DENSITY THAT WE, WE WANT TO BE ABLE TO AFFORD THE AFFORDABLE HOUSING GOES. HOW WE PLAN FOR THAT. YOU WILL SEE SIMILAR COMMENTS AND OTHER PITIES THAT WILL PROBABLY BE COMING BEFORE YOU THAT ARE IN THIS AREA. OKAY. THANK YOU. IT'S MY TIME. MS. VAR, NEXT QUESTION. YES, CONTINUE. MS. VAR, I TRIED TO, TRIED TO SAVE YOU, TRIED TO CATCH YOU. THANKS FOR YOUR, UH, PRESENTATION AND, UM, YOU WENT REAL QUICK AND I APPRECIATE YOU GOING REAL QUICKLY THROUGH ALL THE, UM, EXCEPTIONAL ITEMS AND UH, SEEMS LIKE THERE'S A LOT, BUT I WILL ADMIT TO, I WAS, I WAS CHECKING MY PHONE AND I APOLOGIZE. SO I MISSED, UM, THE EXCEPTIONAL ITEM ON AFFORDABLE HOUSING. WILL YOU RUN DOWN THAT FOR ME? SO BASICALLY BECAUSE THE PUD IS REQUESTING TO SEE EXCEED THE SITE DEVELOPMENT STANDARDS ESTABLISHED IN THE L BASE DISTRICT, UM, THEY WILL HAVE TO COMPLY WITH THE BASELINE FOR DETERMINING, UH, DEVELOPMENT BONUSES PORTION OF THE PUD ORDINANCE IN THE CODE. AND SO BASICALLY THEY WOULD BE SUBJECT TO CONDITIONS, WHICH IS DIVISION FIVE OF THE PLANNING DEVELOPMENTS REQUIREMENTS FOR EXCEEDING THE BASELINE. AND IF THE APPLICANT DOES NOT DEVELOPMENT, DEVELOP RESIDENTIAL UNITS ON THIS PROPERTY, THEN THEY WOULD BE REQUIRED TO COMPLY. THESE ARE THE TIER THREE REQUIREMENTS THAT ARE IN THE PLANNING UNIT DEVELOPMENT ORDINANCE, UH, WITH THE IN, IN LIE DONATION REQUIREMENTS IN THE CODE. SO, UM, BECAUSE THEY'RE EXCEEDING HEIGHT BECAUSE THEY'RE EXCEEDING THEIR FAR BECAUSE THEY'RE EXCEEDING THEIR MAX UH, BUILDING AREA, THAT'S WHY THEY WOULD HAVE TO COMPLY WITH THESE, THE TIER THREE REQUIREMENTS THAT ARE ALREADY IN THE CODE. SO AND SO REMEMBER NEW GUY. OKAY, SO PUT IT, PUT IT IN PLAIN LANGUAGE FOR ME. SO 10 PERCENT'S THE BASELINE. MM-HMM. . AND SO IT IS 10, IT'S 60 MM-HMM. . IS IT A, IS IT A FACTOR THEN? SO IF THEY DO A HUNDRED THOUSAND A MILLION IT GOES UP? OR IS IT, IS IT, IS THAT A NEGOTIATION? I MEAN, LEMME ASK IT THAT WAY. UM, THIS IS NOT SOMETHING THAT THE HOUSING DEPARTMENT RE REVIEWED. OKAY. BECAUSE INITIALLY AS PART OF THIS PUD, THE APPLICANT DIDN'T, UH, RECOGNIZE HOUSING AS PART OF THEIR TIER TWO REQUIREMENTS AS ONE OF THEIR BENEFITS FOR THEIR PUD. SO THEY DIDN'T SEND A PROPOSAL TO HOUSING FOR THEM TO REVIEW. SO THAT WOULD BE SOMETHING THAT WOULD HAVE TO BE LOOKED AT BY HOUSING. THEY WOULD HAVE TO SEND A BASELINE PROPOSAL AND THEN HOUSING WOULD HAVE TO GO FROM THERE AND FIGURE OUT WHAT THE REQUIREMENTS WOULD BE. SO TO BE DETERMINED, YES. ALRIGHT. THANK YOU. I APPRECIATE YOU. THANKS. OTHER QUESTIONS? VICE CHAIR AND THEN COMMISSIONER AL. UM, THANK YOU CHAIR. THIS MIGHT BE A QUESTION, UM, MR. SETTLE FOR YOU AS WELL. UM, CAN YOU EXPLAIN TO ME, SO LOOKING AT THE STAFF RECOMMENDATION, YOU'RE FINE WITH THE FULL STAFF RECOMMENDATION, INCLUDING THE RECOMMENDATION THAT WE HAVE FROM THE FIRE DEPARTMENT? THE BULLET NUMBER THREE OR NO, THE BULLET NUMBER THREE IS THE ONE THAT WE CAN'T DO. GOT IT. THERE'S NO PLACE FOR A FIRE STATION ON IT. IT'S, IT'S A PRETTY SMALL SITE NOW. I, I KINDA GET IN TROUBLE 'CAUSE I GOT SO MANY LANDOWNERS OUT HERE, BUT THERE ARE OTHER BIGGER SITES WITH BETTER ACCESS AND THE CITY ACTUALLY OWNS ONE TEXAS CENTER, WHICH IS A GREAT SPOT FOR A FIRE STATION BECAUSE YOU GOT SOUTH FIRST, YOU GOT CONGRESS, YOU GOT RIVERSIDE. AND WHAT, WHAT WE'RE GONNA DO, WE, WE ALL AGREE THERE NEEDS TO BE A FIRE STATION, BUT YOU CAN'T PUT IT AT, AT THE BEND OF A TRAIN STATION. AND THEN, UM, IN TERMS OF THE OTHER STAFF RECOMMENDATION, YOU'RE, YOU'RE FINE WITH EVERYTHING ELSE THAT'S BEEN LISTED. IT'S REALLY THE BULLET NUMBER THREE. YES. WHERE THERE IS SOME CONCERN AND YES. AND I WANTED TO CLARIFY ON THE AFFORDABLE HOUSING, IT'S NOT REALLY TO TBD, THE CODE REQUIRES 10% AT 60% MFI OVER THE BASELINE. AND WE'RE SAYING THAT AT A MINIMUM OR FEE AND LIE OR A HYBRID OR A UNIQUE SITUATION BECAUSE MY CLIENT'S IN THE AFFORDABLE HOUSING BUSINESS. BUT THAT OR BETTER. THE OTHER QUESTION I HAD, AND I'M NOT SURE IF THIS WOULD BE A QUESTION FOR YOU OR STAFF EITHER WAY, I'M HOPING YOU CAN HELP ME ANSWER. IF NOT MR. BEES, YOU CAN HELP ME. [00:35:01] SO FOR THE PARKING STRUCTURE PIECE, IT SAYS 75% OF THE GROUND FLOOR SPACE OF A PARKING GARAGE. IF A COMMERCIAL OR MIXED USE BUILDING FRONTING RIVERSIDE OR THE FUTURE METRO RAIL MAY PROVIDE PEDESTRIAN ORIENTED USES AS DEFINED IN THE SECTION OF THE CODE. IS THAT MEANT TO BE MADE OR IS IT A SHALL? I MEAN, I'M JUST TRYING TO UNDERSTAND LIKE THE WAY I SEE IT RIGHT NOW, IT SEEMS LIKE IT IS AN OPTION THAT THE OWNER MAY DECIDE TO DO. I KNOW MS. RES, IF YOU HAVE AN IDEA OR IF WE TRIED MAY, IT'LL BE SHELL IT IT WILL BE. SO THE IDEA REALLY IS THAT IT WAS MEANT TO BE SHELL, IT'S JUST THE WAY IT'S DRAFTED. AND WOULD Y'ALL HAVE ANY CONCERNS WHICH WE TRIED? I'M SORRY, WHAT WE TRIED IT'LL BE SHELL OKAY. . SO THAT, THAT'S GOOD TO KNOW. OKAY. UM, THE, THE OTHER THING THAT I HAD WAS, UM, THIS, DO WE HAVE ENVIRONMENTAL STAFF PRESENT? MM-HMM. . OKAY, GREAT. UM, I JUST HAD A QUESTION REGARDING THE SOIL PIECE THAT WE HAVE. AND IT LOOKS LIKE WE HAVE RECOMMENDATIONS FROM THE PLANT, UH, ENVIRONMENTAL COMMISSION AS WELL. HAVE THOSE ALL BEEN INCORPORATED IN HERE? IS THERE SOMETHING THAT WE'RE MISSING AT THIS POINT? I KNOW IF YOU WANNA COME UP AND SAY SOMETHING. THANK YOU. STAFF. UH, GOOD EVENING COMMISSIONERS. LESLIE LILY WITH WATERSHED PROTECTION. ALL OF THE ELEMENTS THAT, UM, WE PRESENTED AT ENVIRONMENTAL COMMISSION LAST WEEK WERE AGREED TO BY THE APPLICANT AND THEY WERE APPROVED AND RECOMMENDED BY THE ENVIRONMENTAL COMMISSION. SO ALL OF OUR COMMENTS, UH, ALONG WITH OUR ENVIRONMENTAL REVIEW STAFF AT DSD AND OUR CITY ARBORISTS STAFF AT DSD, ALL OF THOSE COMMENTS HAVE, UH, BEEN RESOLVED. I APPRECIATE THAT. AND JUST TO CONFIRM, SO THE STAFF RECOMMENDATION THAT WE HAVE AS LIFTED IN THE LISTED IN THE BACKUP INCLUDES ALL OF THOSE ELEMENTS? THAT IS CORRECT. OKAY. WE DO NOT NECESSARILY NEED TO INCLUDE THE BACKUP FROM THE ENVIRONMENTAL COMMISSION. THOSE ARE ALL MR. VEDAS, I DIDN'T KNOW IF I'M OKAY. CLEAR. I I WOULD SAY I WOULD INCLUDE THE ENVIRONMENTAL COMMISSION MOTION AS YOUR PART OF YOUR RECOMMENDATION, UH, BECAUSE THERE WERE SOME MINOR ELEMENTS THAT CHANGED IN THE STAFF'S BACKUP REPORT BETWEEN THAT AND THE ENVIRONMENTAL COMMISSION AND IT WAS CLARIFIED AT ENVIRONMENTAL COMMISSION. SO THAT IS LAID OUT IN THE ENVIRONMENTAL MOTION. SO I WOULD JUST SAY THAT'S PROBABLY THE BEST WAY TO GO. I APPRECIATE THAT. AND THEN I GUESS, UH, MY LAST MINUTE I'LL ASK, UH, MR. SUTTLE, FROM YOUR PERSPECTIVE, WHAT IS IN THE ENVIRONMENTAL COMMISSION RECOMMENDATIONS IS ACCEPTABLE TO THE APPLICANT? I'M SEEING SOME NODS HERE. ALL, ALL OF THEM IS THE SHORT ANSWER. REMEMBER THIS PUT HAD NO ENVIRONMENTAL MODIFICATIONS REQUESTED, BUT WE OVERDID IT ON THE ENVIRONMENTAL SIDE AND PLUS WHAT THE ENVIRONMENTAL BOARD DID, WE'RE GOOD WITH ALL OF IT. I, I APPRECIATE Y'ALL MEETING THE SUPERIOR ELEMENTS OF THE ENVIRONMENTAL COURT. I APPRECIATE THAT. OKAY. THAT'S ALL MY QUESTIONS. THANK YOU CHAIR COMMISSIONER M AND THEN COMMISSIONER SKIER. AND WE DO HAVE, UM, ENVIRONMENTAL OR WATERSHED AVAILABLE? YES, WE DO. MM-HMM, . OKAY. YEAH, I'D, I'D LIKE TO KNOW WHAT KIND OF MODELING HAVE WE DONE FOR THE CHANGE IN DENSITY FOR THE PROPERTY AND FOR THE REVISED SOUTH CENTRAL PLAN THAT'S COMING FORWARD? UH, GOOD EVENING COMMISSIONERS. LIZ JOHNSTON. I'M THE INTERIM ENVIRONMENTAL COM, UH, OFFICER. UM, SO AT THIS STAGE IT'S A ZONING, UM, UH, PROPOSAL. THE DRAINAGE AND WATER QUALITY REQUIREMENTS AND ANY KIND OF FLOODPLAIN REQUIREMENTS WILL HAPPEN AT THE TIME OF SITE PLAN. AND SO THE ANSWER IS THERE HAS NOT BEEN ANY, UH, CURRENTLY BECAUSE THERE, IT'S NOT REQUIRED. BUT, UM, THE, YOU KNOW, THOSE ARE, UH, CONCERNS THAT WILL BE WORKED OUT AT SITE PLAN WITH ALL OF THE, YOU KNOW, UH, WELL WE'VE HAD A COUPLE OF PODS COMING. OBVIOUSLY THERE'S SUPPOSED TO BE MORE. WE'VE GOT THE SOUTH CENTRAL REVISION GOING THROUGH COUNCIL. HOW ARE WE GOING TO HANDLE THE, I I DON'T EVEN KNOW WHAT THE EXPONENTIAL FACTOR IS ON THE DENSITY THAT'S COMING IN THIS AREA. WELL, I WILL SAY ON, ON THIS ONE AND, AND MANY OF THE PUDS GOING FORWARD ARE REDEVELOPMENT PROJECTS. AND SO THERE IS ALREADY A HIGH AMOUNT OF IMPERVIOUS COVER ON A LOT OF THESE SITES. AND, UM, MANY OF THEM INCLUDING THIS ONE, ARE, ARE REDUCING IMPERVIOUS COVER. RIGHT. BUT IMPERVIOUS COVER DOESN'T TAKE INTO ACCOUNT DENSITY OF USAGE AND THE TRAFFIC AND EVERYTHING ELSE THAT COMES FROM THAT. SO WHAT ARE WE DOING TO TAKE INTO ACCOUNT THOSE FACTORS? UM, WELL TRAFFIC WOULD NOT BE WATERSHED PROTECTION, BUT, BUT REALLY DENSITY IT, THE IMPERVIOUS COVER IS REALLY WHAT DRIVES DRAINAGE AND UH, UH, INCREASED FLOWS THAT NEED TO BE HANDLED IN SOME WAY. SO WHETHER IT'S A, A HIGH RISE OR A LOW RISE, IT'S ALL THE SAME AMOUNT OF IMPERVIOUS COVER THAT, UM, THAT, THAT, UH, NEEDS TO BE CONSIDERED. [00:40:01] SO THE MODELS DON'T REALLY TAKE IN TO AFFECT, UH, ACCOUNT HEIGHT OR INTENSITY ABUSE. CORRECT. OKAY. THANK YOU. ALRIGHT, COMMISSIONER SKIDMORE QUESTIONS FOR THE APPLICANT OF, I GUESS I'LL START, MR, CAN I ADD ONE MORE POINT TO THAT? OF COURSE. THIS IS A SITE COMMISSIONER THAT CURRENTLY WE'RE DECREASING THE IMPERVIOUS COVER AND IT'S A SITE THAT HAS ZERO WATER QUALITY ON IT AND WE UPPED THAT TO PUT GREEN WATER QUALITY ON IT ON A SITE THAT HAS NOTHING NOW. SO IT, IT KIND OF OFFSETS IT AND, AND THE SITE DEFINITELY NEEDS TO BE REHABBED. I AGREE WITH YOU. I JUST CONCERN AND IT'S, THIS IS GOES OUTSIDE OF THIS PARTICULAR PUD CASE, BUT WITH EVERYTHING WE'RE SEEING ON THE SOUTH CENTRAL CHANGES AND THE INTENSIVE USE, I DON'T THINK THAT'S BEEN WELL STUDIED. THERE'S NOTHING IN LCRA WITH THAT. THERE'S NOTHING THAT THE CITY HAS LOOKED AT ON THAT. AND IT CONCERNS ME VERY GREATLY ABOUT WHAT'S HAPPENING ON THE LARGE SCALE VERSUS JUST THE PARTICULAR ZONING CASE. BUT YEAH, I KNOW THAT PROPERTY NEEDS NEEDS, IT, IT, IT CAN STAND TO, TO SERVE US BETTER. THANKS MR. SKIDMORE. THANK YOU. ACTUALLY, MY QUESTIONS WERE AROUND IMPERVIOUS COVER AND WATER QUALITY AND YOU JUST ANSWERED THEM, SO THANK YOU. BUT OF MOVING ON TO TRANSPORTATION OF, COULD YOU MAYBE PULL UP THE SLIDE THAT SHOWS THE POTENTIAL ALIGNMENT FOR THE LIGHT RAIL? SURE. AND JUST UNDERSTAND THAT A LITTLE BIT BETTER AND ALSO, UH, GET A SENSE OF, I THINK THE DOCUMENT TALKS ABOUT RIDE OF WAY DEDICATION AS REQUIRED. WOULD THAT INCLUDE THE RIDE OF WAY FOR THE, UM, THE LIGHT RAIL? SO THE ANSWER IS YES, PROBABLY WHAT WE DON'T KNOW IS WHAT THE RIGHT OF WAY IS GONNA LOOK LIKE BECAUSE THIS, THIS I BELIEVE SHOWS THE ABOVE GRADE ALIGNMENT. IT'S ABOVE GRADE BY OUR, OUR RIGHT. THIS IS OUR STAB AT ABOVE GRADE. KEEP IN MIND THEY'VE NOT SHOWN US THE ALIGNMENT, BUT THE ANSWER IS YES, WE'RE GONNA PARTICIPATE IN RIGHT OF WAY DEDICATION FOR, FOR THE TRAIN AND LITTLE RIVERSIDE, WHILE IT'S NOT ON OUR PROPERTY. IT COULD BE THAT WE NEED TO GIVE A LITTLE BIT ON THAT SIDE TOO, BUT IT, IT'S GONNA BE ONCE THEY COME TO A DESIGN, THEN WE'RE GONNA BE TALKING ABOUT WHAT THE RIGHT OF WAY LOOKS LIKE. OKAY. BUT THEN THAT RIGHT OF WAY WOULD BE DEDICATED. IT WILL, AS LONG AS IT'S ROUGHLY PROPORTIONAL. NOW WHAT IF THEY SAID THEY HAD TO COME THROUGH THE MIDDLE OF OUR SITE? I CAN'T COMMIT TO YOU THAT WE'RE GONNA GIVE THE RIGHT OF WAY THROUGH THE MIDDLE OF THE SITE. UNDERSTOOD. IT'LL, IT'LL, BUT I THINK WE'RE GONNA WORK IT OUT. WE'RE, WE'RE PLANNING FOR THE REASONABLE RIGHT OF WAY. AND DO YOU SEE HOW THIS LINES UP WHERE IT'S COMING FROM? OKAY. AND THEN THAT RIGHT OF WAY, THAT APPROXIMATE AREA THAT'S HIGHLIGHTED IN RED, THERE IS ABOUT 8,800 SQUARE FEET. IS THAT WHAT IT'S LABELED? BELIEVE? YES. OKAY. NOW WHAT'S TRICKY ABOUT THAT, THAT IS ORIGINALLY WHERE WE WERE GONNA PUT OUR RAIN GARDEN. SO WE MAY NEED TO FIND ANOTHER SPOT FOR THE POLLINATORS IN THE RAIN GARDEN OR WE'RE ACTUALLY WORKING WITH THE TRAIN COMPANY TO FIGURE OUT, MAYBE YOU CAN DO IT UNDER THE TRAIN IF IT'S, IF IT'S IN THE AIR. ANOTHER BENEFIT FOR ELEVATED RAIL. THANK YOU. MM-HMM . THAT'S ALL I HAVE. ALRIGHT, COMMISSIONERS. WE HAVE TWO MORE SPOTS FOR QUESTIONS. MR. JOHNSON. THANK YOU. SORRY I WAS HERE LATE MR. YOUR PRESENTATION. UM, I HAVE A QUESTION FOR YOU. DIDN'T MISS MUCH . I HAVE A QUESTION FOR STAFF. UM, READING THE STAFF REPORT, IT LOOKS LIKE ONE OF THE A FD UH, CONDITIONS WAS REQUIREMENT SITE, AND STOP ME IF SOMEBODY'S ALREADY ASKED THIS, BUT IS ESSENTIALLY TO GIVE A SMALL FIRE STATION WITHIN THE DEVELOPMENT, BUT THERE WAS A COMMENT ABOUT THE 500 SOUTH CONGRESS PUD DEVELOPMENT. WHAT'S GOING ON HERE? IS A FD JUST SIMPLY LOOKING FOR A SITE SOMEWHERE IN THIS AREA? ARE THEY ASKING FOR BOTH SITES TO GIVE, UH, SPACE FOR FIRE TRUCKS AND APPARATUSES? UH, CAN YOU SPEAK TO THAT COMMISSIONER HEMPHILL ACTUALLY ADDRESSED THIS A LITTLE WHILE AGO, BUT I WILL KIND OF GIVE YOU MY RESPONSE. YEAH, GIMME THE SYNOPSIS. YEAH, I'LL WATCH THE TAPE. YOU ASKED IT BETTER ASK IT BETTER. UM, I DON'T HAVE A FD WITH ME TONIGHT. I DID ASK THEM IF THEY COULD ATTEND. UM, BASICALLY WHAT THEY TOLD ME IS THAT THEY'RE VERY CONCERNED ABOUT ADDING THIS MUCH DENSITY IN THIS HEIGHT IN THESE AREAS BECAUSE THEY DON'T HAVE CAPACITY IN THIS AREA TO CO FOR OF COVERAGE. THEY DON'T HAVE A FIRE STATION SITE WITHIN THIS AREA THAT COULD HANDLE THIS OR THE LADDER TRUCKS COULD HANDLE THESE LEVELS OF HEIGHT THAT ARE BEING PROPOSED. SO THESE, YES, YOU ARE SEEING THE SAME COMMENTS THAT YOU WILL SEE IN, IN 500 SOUTH CONGRESS PUD, WHERE THEY'RE ASKING FOR SITES FROM THE APPLICANT SO THAT THEY CAN ACCOMMODATE, UH, THESE NEW TYPES OF DENSITIES AND STRUCTURES IN THIS AREA. AND SO GOING ON THAT, UH, TO PICK UP ON SOMETHING MR. SUBTLE [00:45:01] SAID, THINKING ABOUT ROUGH PROPORTIONALITY IN THE DOCTRINE THAT WE CAN'T JUST ASK FOR EVERYTHING. HOW WOULD THAT FACTOR INTO ANY RIGHT OF WAY DEDICATION OR OTHER SORT OF EXACTIONS FROM THIS SITE IF THE APPLICANT WERE TO PROVIDE THAT SPACE OR I DON'T KNOW IF HE AND LOU IS EVEN AN OPTION FOR THE, FOR CONTRIBUTIONS TO THE FIRE DEPARTMENT. I'M JUST, YOU KNOW, LOOKING AT THE SITE RIGHT NEXT TO THE RAIL, I COULD SEE A FUTURE WHERE WE HAVE AT GRADE RAIL AND IT DOESN'T REALLY MAKE SENSE TO HAVE A SORT OF SMALL FIRE STATION. YEAH. FEEDING ONTO A LIGHT RAIL ALIGNMENT. YES. AND MR. SETTLE ADDRESS THIS AS WELL OKAY. ABOUT THIS SITE NOT REALLY BEING FEASIBLE FOR A FIRE STATION SITE. SO IT MIGHT BE THAT WE'RE LOOKING AT ANOTHER SITE IN THIS AREA. UM, ALL I CAN PASS ALONG IS THAT A FD DID ASK FOR THIS AS A REQUIREMENT IN STAFF RECOMMENDATION. AND SO THAT IS WHY IT IS THERE FOR YOUR CONSIDERATION. OKAY. AND THEN LAST CLARIFYING QUESTION IS THAT, UM, BACK ON THE ROUGH PROPORTIONALITY, JUST MAYBE MORE GENERALLY, IS THAT SOMETHING THAT IS CONSIDERED AT THE TIME OF ZONING WHEN WE'RE LOOKING AT PUD CASES? IS THE OVERALL TOTAL OF EXACTIONS REQUESTS, YOU KNOW, DEMANDS, WHATEVER YOU WANNA CALL IT, UM, FROM AN APPLICANT FOR A PUD ZONING, USUALLY THE APPLICANT IS THE ONE PROPOSING THANKS TO THE STAFF AND WE REVIEW IT AS PART OF THE TIER TWO REQUIREMENTS. AND SO THAT MAKES THEM SUPERIOR. YEAH. AND SO YOU'LL OBVIOUSLY HAVE REQUESTS FROM, YOU KNOW, PARKS DEPARTMENT, FROM FIRE, FROM ENVIRONMENTAL SURE. FROM ALL OF THESE, UH, DIFFERENT ENTITIES. TRANSPORTATION TO MAKE, YOU KNOW, IMPROVEMENTS ON THE SITE FOR STRUCTURAL IMPROVEMENTS. UM, AND SO THAT IS WHAT IS BEFORE YOU TONIGHT. I CAN'T SPEAK TO REST PROPORTIONALITY BECAUSE WE DON'T USUALLY LOOK AT IT IN THOSE TERMS WHEN WE'RE DOING IT AS STAFF. EACH DEPARTMENT LOOKS AT WHAT THEY NEED AND THEN BRINGS THAT TO THE APPLICANT AND THAT'S WHY WE HAVE THESE NEGOTIATIONS BACK AND FORTH USUALLY FOR MONTHS OR EVEN SOMETIMES YEARS. SURE. WHERE, YOU KNOW, WE DEBATE BACK AND FORTH WHERE THE APPLICANT WOULD LIKE TO PROVIDE THINGS TO GIVE THEM BENEFITS TO THE PUD YEAH. AND WHAT THE STAFF NEEDS. OKAY. AS FAR AS TO PROVIDE THE INFRASTRUCTURE FOR THIS AREA. GOT IT. THANK YOU. YES. OKAY. COMMISSIONERS LAST SPOT FOR A QUESTION. ALL RIGHT. IF NONE, I'M LOOKING FOR A MOTION. OH, SORRY. WHO'S HAND THOSE OUT FIRST? MR. HAYNES, PLEASE GO AHEAD. THANK YOU. ALL SET. UM, THANK YOU COMMISSIONER HAYNES. UM, I'M GONNA GO AHEAD AND MAKE THE MOTION AND THEN MAKE AN AMENDMENT TO MY OWN MOTION. UM, BUT THE FIRST THING I'M GONNA DO IS ESSENTIALLY TO SAY, UH, WE MOVE FORWARD WITH STAFF RECOMMENDATION, INCLUDING THE MEMO FROM THE ENVIRONMENTAL COMMISSION. SEE A SECOND FROM COMMISSIONER MAXWELL. WOULD YOU LIKE TO SPEAK TO YOUR MOTION? I, I GUESS I'LL JUST START BY SAYING, SO I THINK IT DOES MAKE SENSE TO MOVE ALONG. I THINK WE'VE HEARD SOME CONVERSATION WHETHER IT MAKES SENSE TO WAIT FOR THE SOUTH CENTER WATERFRONT. I, I JUST WANNA BE CLEAR, I REMEMBER IN 2013 GOING ON A TOUR THROUGH THE SOUTH CENTER WATERFRONT, THE SOUTH CENTER WATERFRONT PLANNING AREA WITH CITY STAFF ON THIS WORK THAT WE WERE DOING. HERE WE ARE OVER 11 YEARS LATER, AND I'LL BE HONEST, THAT PLAN HAS STILL NOT BEEN ADOPTED AND I'M NOT SURE WHEN WE'RE GETTING TO IT, IF WE'RE GETTING TO IT ALL AND THE DIFFERENT CONVERSATIONS THAT ARE HAPPENING. SO WE'VE ALREADY HAVE ONE PART THAT MOVED AHEAD. WE HAVE ANOTHER PART THAT HAS COME BEFORE US. THIS IS SOMETHING THAT I THINK WE SHOULD CONSIDER AS PLANNING COMMISSIONERS. HOW DO WE INTERLINK WITH OUR PLANNING, UM, DOCUMENTS. BUT I ALSO WANNA SAY WHEN WE DO HAVE THAT DEGREE OF INACTION, IT DOES MAKE IT VERY HARD TO PUT THAT BURDEN ON THE PROPERTY OWNERS TO HAVE TO DEAL WITH. SO I DO THINK IT MAKES SENSE TO MOVE AHEAD WITH THIS PARTICULARLY BECAUSE WE DO HAVE A PUT WITH THE SUPERIORITY ELEMENTS IN THERE. WE'VE GOT ENVIRONMENTAL SUPERIORITY ELEMENTS, TRANSPORTATION INFRASTRUCTURE SUPERIORITY IN, UM, ELEMENTS. I REALLY APPRECIATE THE WORK THAT IS HAPPENING WITH AUSTIN TRANSIT PARTNERSHIP TO MAKE SURE THAT WE HAVE SUCCESSFUL PROJECT CONNECT AND OTHER CAP METRO INFRASTRUCTURE AS WELL. AND THEN COMBINED WITH THAT, WE HAVE THE AFFORDABILITY AND OTHER REQUIREMENTS BEING PART OF IT AS WELL. SO ALL THAT SAID, I DO THINK THIS MOVES US FORWARD TO MEETING DIFFERENT SETS OF GOALS OVER HERE WITH DIRECTION FROM OUR STAFF. AND SO I'M COMFORTABLE AT THIS TIME WITH MOVING THIS AHEAD AND ENSURING THIS, THIS, AT LEAST THIS GOES TO COUNCIL FOR COUNCIL TO CONSIDER IF THERE ARE OTHER ELEMENTS THAT THEY WANT TO CONSIDER AS A PART OF IT. THANK YOU CHAIR. THIS SPEAKING AGAINST MAD CHAIR. OH, COMMISSIONER HAYNES. UM, AND I, I APOLOGIZE TO MY VERY GOOD FRIEND, VICE CHAIRMAN AZAR. I SHOULD HAVE, I SHOULD HAVE DONE THIS FIRST. LET ME GET IT OUTTA THE WAY 'CAUSE I, I CAN COUNT. UH, BUT I, I MAKE A SUBSTITUTE MOTION TO POSTPONE, UH, THIS ITEM UNTIL OCTOBER, [00:50:01] OR I'M SORRY, SEPTEMBER 24TH, WHATEVER OUR NEXT MEETING IS. LOOKING FOR A SECOND. UH, COMMISSIONER MOALA SECOND, WOULD YOU LIKE TO SPEAK TO YOUR MOTION, YOUR SUBSTITUTE? SURE. UM, UH, HAD HAD A COUPLE OF CONVERSATIONS WITH THE APPLICANT AND, AND I HAVE NO DOUBT THAT IF THERE IS, UH, ONGOINGS AT CITY HALL, MR. SETTLE KNOWS ABOUT 'EM AND, UM, HE IS, HE IS AS IN PLUGGED IN AND INTUNE AND I, I HAVE NO DOUBT THAT, UM, THINGS ARE GOING TO LAY OUT PRETTY MUCH THE WAY HE, HE OUTLINED THEM TODAY. HE HAS A PRETTY GOOD KNACK AT PREDICTING, UH, CITY COUNCIL. BUT ALL THAT HADN'T HAPPENED YET. AND SO WE'RE, WE'RE BEING ASKED TO DO A MAY AND A SUPPOSE ON A POSSIBLE ACTION WITH A PROBABLE. AND WHEN YOU START COMBINING A POSSIBLE AND A PROBABLE WITH A SUSPECT, YOU GET ME NERVOUS. AND SO I'D JUST LIKE TO LET A LITTLE BIT OF DUST SETTLE AND THEN TAKE THIS UP IN TWO WEEKS. OKAY. ANYBODY SPEAKING AGAINST THE POSTPONEMENT VICE CHAIR? UM, I, I APPRECIATE, UH, COMMISSIONER HAYNES WHAT YOU'RE SAYING, BUT AT THE BASE OF IT, I MEAN PARTIALLY I'LL JUST BE OPPOSED TO THIS SUBSTITUTE MOTION IN ADDITION TO SORT OF THE COMMENTS I'VE MADE, WE'VE ALREADY BEEN TOLD BY STAFF COUNSEL WILL CONSIDER THIS ON THE 26TH. SO IF IT COMES BACK ON THE 24TH, WE'RE STILL NOT ACHIEVING WHAT YOU WANT TO ACHIEVE. SO I'M NOT SURE, WE'RE JUST POSTPONING FOR TWO WEEKS WITHOUT ACHIEVING ANYTHING AT ALL. SO I WILL BE VOTING AGAINST THIS. ARE YOU SPEAKING FOR THE POSTPONEMENT OR AGAINST, LET'S GO AHEAD AND TAKE A VOTE ON THIS. THIS IS THE SUBSTITUTE MOTION MADE BY COMMISSIONER HAYNES, SECONDED BY COMMISSIONER MUTAL TO POSTPONE THIS ITEM UNTIL SEPTEMBER 24TH. ALL OF THOSE IN FAVOR, THOSE AGAINST EIGHT. OKAY. THAT MOTION FAILS THREE TO EIGHT TO ZERO. UM, THOSE VOTING FOR THE POSTPONEMENT WERE COMMISSIONERS HAYNES MOLER AND COMMISSIONER PHILLIPS. DID I GET EVERYBODY'S VOTE? CORRECT. OKAY. WE'LL GO BACK TO THE ORIGINAL MOTION. VICE CHAIR, CHAIR. CAN I MAKE AN AMENDMENT? YES SIR. UM, SO I'M GONNA MAKE AN AMENDMENT THAT I NUMBER THREE IN THE STAFF RECOMMENDATION. WE REVISE IT AND I'LL READ IT OUT AND THEN I'LL SPEAK TO IT, UM, WHEN I HAVE THE CHANCE. BUT LET ME READ IT OUT FIRST. SO IT'S, IT WOULD SAY, SO THREE AS DRAFTED WOULD BE REPLACED WITH 9,000 TO 11,000 SQUARE FEET UNFINISHED SPACE WITHIN THE LEVEL OF DISCHARGE GROUND FLOOR AND THE FLOOR ABOVE WITH A PRIVATE CONVENIENCE CHAIR. ADEQUATE SPACE FOR TWO TO THREE APPARATUS BAYS AND APPROPRIATE APRON FOR FIRE SLASH EMS APPARATUS. AND AN ENTRANCE EGRESS ON A MAJOR ROADWAY MUST BE INCLUDED IN THE SOUTH CENTER WATERFRONT PLANNING AREA IN CONSULTATION WITH THE AUSTIN FIRE DEPARTMENT, AUSTIN TRAVIS COUNTY EMS WITH A LEASE EXECUTED OR THE SPACE CONVEYED OR THE SPACE IDENTIFIED PRIOR TO 55% OF CERTIFICATES OF OCCUPANCY FOR THE 200 EAST RIVERSIDE. BUT HAVING BEEN ISSUED SECOND BY COMMISSIONER MAXWELL. ALRIGHT. RIGHT. WOULD YOU LIKE TO SPEAK TO THAT AMENDMENT? SURE. CHAIR. SO I THINK THIS ESSENTIALLY, UM, IS MY WAY OF SORT OF MEETING IN THE MIDDLE OF, I THINK WHAT OUR FIRE DEPARTMENT IS SAYING AND ALSO I THINK WITH THE DEVELOPER IS VERY CLEARLY INDICATING. I THINK THIS MAKES SURE THAT AS THE P MOVES FORWARD, AS THE CERTIFICATE OF OCCUPANCIES ARE COMING IN, WE'RE NOT SAYING THAT, YOU KNOW, WE'LL ISSUE ALL THE A HUNDRED PERCENT CERTIFICATES OF OCCUPANCY UNTIL THAT IS DONE. BUT IT ALLOWS US TO HAVE A CONVERSATION AS A CITY WITH NOT JUST THIS DEVELOPER, BUT WITHIN THE ENTIRE PLANNING AREA TO HAVE FOUND A PLACE WHETHER IT'S AT LEAST EXECUTED OR SPACE CONVEYED OR SPACE IDENTIFIED. IT SETS OUT THE PLAN THAT YES, WE'RE WORKING ON IT WHILE ENSURING THAT THIS PROJECT MOVES FORWARD. SO IT'S A COMPROMISE ON MY PART. OKAY. ANYBODY SPEAKING AGAINST MADAM CHAIR, I'VE GOT A COUPLE OF QUESTIONS BEFORE I KNOW WHICH WAY I'M LEANING ON THIS ONE. UM, IS THAT, IS THAT APPROPRIATE NOW OR DO YOU I I'LL TAKE ONE OF THE AGAINST BUT YOU POINT OF CLARIFICATION. YEAH, POINT. UH, THAT'S WHAT I'LL DO. POINT OF CLARIFICATION FOR THE AMENDMENT AUTHOR. UM, UH, VICE CHAIR, YOU MENTIONED THAT THE CERTIFICATE OF YOU WOULD TIE THAT TO THE, UM, I THINK YOU SAID THE PASSAGE OF THE SOUTH CENTRAL WATERFRONT. UH, NO, WHAT I, I JUST SAID THAT AS LONG AS SOMETHING IS IDENTIFIED IN THE PLANNING AREA, THE ENTIRE PLANNING AREA, AS LONG AS THE SPACE AS OUR FIRE DEPARTMENT WANTS, HAS BEEN IDENTIFIED IN THE PLANNING AREA, THE CERTIFICATE OF OCCUPANCIES CAN MOVE FORWARD PAST 55%. AND THEN IF, AS MR. SETTLE HAS PREDICTED HERE A COUPLE OF TIMES A NIGHT THAT THE SOUTH CENTRAL WATERFRONT ZONE DOESN'T MATERIALIZE, WHAT ARE WE GONNA, THE [00:55:01] PLANNING AREA WAS DEFINED IN THE 2016 VISION PLAN. IT, IT HAS NOTHING TO DO WITH THE NEW OVERLAY THAT'S IN THE VISION. THE IMAGINE AUSTIN VISION PLAN 2016, THERE WAS A VISION PLAN FOR SOUTH CENTER WATERFRONT, UM, THAT WAS ADOPTED AT THE TIME AND IT WAS AS AN A AS AMENDMENT TO THE IMAGINE OFFICER. NO. OH. IT WAS A VISION PLAN THAT WAS WORKED ON BY SCHWAB AT THE TIME AND THAT IS WHAT HAS BEEN THE BASIS OF THE CONVERSATION. IF YOU REMEMBER WE WERE TALKING ABOUT IT, I WILL ESSENTIALLY DEFER TO STAFF IF STAFF TELLS US THAT THIS WOULD NOT BE A THING. BUT ESSENTIALLY WHAT I'M TRYING TO SAY IS WE CAN SAY REGION AREA, I'M HAPPY TO SAY ONE MILE RADIUS OR WHATEVER WE WANT TO SAY. THE IDEA IS THAT WITHIN THE PROXIMITY TO THE SITE YOU WOULD HAVE THAT FACILITY AVAILABLE, BUT WE'RE NOT NECESSARILY SAYING THAT IT HAS TO BE ON THIS SITE. I'M STILL LEARNING ALL THOSE TERMS. I APPRECIATE YOU ALRIGHT THOUGH, SPEAKING AGAINST THIS MOTION ON THE AMENDMENT. COMMISSIONER BARARA RAMIREZ, I JUST, CAN YOU, UM, VICE CHAIR, DO YOU MIND STATING YOUR AMENDMENT ONE MORE TIME JUST SO I'M CLEAR? SURE. SO THIS PARTIALLY, HONESTLY, COMPLETELY BASED ON WHAT OUR FIRE DEPARTMENT HAD WITH A FEW ADJUSTMENTS. SO THIS WOULD SAY I WILL GO SLOWLY 9,000 TO 11,000 SQUARE FEET UNFINISHED SPACE WITHIN THE LEVEL OF DISCHARGE GROUND FLOOR AND FLOOR ABOVE WITH A PRIVATE CONVENIENCE STAIR ADEQUATE SPACE FOR TWO TO THREE APPARATUS SPACE IN APPROPRIATE APRON FOR FIRE SLASH EM S APPARATUS. AND AN ENTRANCE SLASH EGRESS ON A MAJOR ROADWAY MUST BE INCLUDED IN THE SOUTH CENTER WATERFRONT PLANNING AREA IN CONSULTATION WITH THE AUSTIN FIRE DEPARTMENT IN AUSTIN, TRAVIS COUNTY EMS WITH A LEASE EXECUTED OR THE SPACE CONVEYED OR THE SPACE IDENTIFIED PRIOR TO 55% OF CERTIFICATES OF OCCUPANCY FOR THE 200 EAST RIVERSIDE BUDD HAVING BEEN ISSUED. AND I JUST WANNA BE CLEAR WHAT I'M, SO THAT'S THE END, END OF CODE, UM, BUT I JUST WANNA ALSO CLARIFY THAT WE'RE NOT SAYING THAT IT WOULD BE THIS PROPERTY OWNER WHOSE JOB IS IT IS TO FIND THAT SPACE. IT IS ESSENTIALLY THE CITY WORKING TO IDENTIFY THAT WITH THE UNDERSTANDING THAT WE WANNA HAVE A CERTAIN DEGREE OF OCCUPANCY TIED TO IT. AND AS LONG AS THAT SPACE HAS BEEN IDENTIFIED BY THE CITY AND OUR FIRE DEPARTMENT FEELS COMFORTABLE AT THE TIME, THEY CAN MOVE FORWARD WITH THE REST OF THE CERTIFICATES OF OCCUPANCIES. DID THAT HELP COMMISSIONER BAR RAMIREZ? I GUESS SO. UM, SO YOU'RE SIMPLY ASKING THEM TO IDENTIFY A SPACE OF THAT WITH ALL THOSE QUALIFICATIONS, UM, PRIOR TO THEM BEING ABLE TO GET THEIR 55 OR UM, BEFORE THEY GET A CERTIFICATE OF OC OCCUPANCY FOR UP TO 55% OF THEIR DEVELOPMENT. UM, SO THEY CAN BE MOST OF THE WAY THERE, BUT THEY STILL HAVE SOME THINGS THAT ARE YET TO BE DEVELOPED. UM, BUT YEAH, I GUESS I'M JUST TRYING TO, IT'S HARD BECAUSE YOU'RE JUST FINDING A SPACE BUT NOT NECESSARILY GUARANTEEING THAT THEY'LL BE ABLE TO BUILD IT THERE OR THERE'S FUNDS TO BUILD IT. SURE. AND OF COURSE THE CHALLENGE WITH THAT WOULD BE IF WE NEED BONDS ALLOCATED BY THE CITY TO BUILD A FIRE STATION AS YOU KNOW, WE OFTEN HAVE TO DO THAT AND WHATEVER THAT MIGHT LOOK LIKE, IT'S JUST A LITTLE MORE LIKE, THIS PROVIDES SOME FLEXIBILITY. AND I'LL BE HONEST, I I AM, I'M NOT, I'M A LITTLE HESITANT EVEN TO THE 55% OCCUPANCY. 'CAUSE I DO THINK IT'S AN EXTRAORDINARY BURDEN ON THE APPLICANT, BUT AT LEAST IT GIVES THE ABILITY TO HAVE THAT CONVERSATION BEFORE WE HAVE A FULLY INHABITED, UH, DEVELOPMENT HERE. GREAT. COMMISSIONER SPEAKING AGAINST THIS AMENDMENT NUMBER FOUR, AND I'M JUST GONNA, UM, ADD A POINT OF CLARIFICATION TO THIS TOO, BECAUSE I SERVE AS THE PLANNING COMMISSIONERS REPRESENTATIVE ON THE, UH, SOUTH CENTRAL WATERFRONT ADVISORY BOARD. AND THIS DESIRE TO HAVE FROM THE AUSTIN FIRE DEPARTMENT IS NOT SOMETHING WE'VE ACTUALLY DISCUSSED IN ADVISORY AS AN ADVISORY BOARD. AND I THINK THAT WE MIGHT ACTUALLY LIKE THE OPPORTUNITY TO REVIEW WHERE WE WOULD PUT OR WHERE IN AN APPROPRIATE PLACE, PARTICULARLY IN LIGHT OF THE REGULATING PLAN AND SORT OF WHERE IT MIGHT LOOK LIKE IN CONJUNCTION WITH, SAY, WHERE OUR EMS AND FIRE STATIONS ARE IN TRAVIS HEIGHTS AND ZILKER AND OTHER PARTS OF SOUTH AUSTIN. SO I, I, I DO APPRECIATE THEM IDENTIFYING THIS NEED, BUT I THINK JUST THINKING ABOUT THIS IN A PLANNING SITUATION, THAT IT IS APPROPRIATE FOR US TO SORT OF TAKE A STEP BACK AND SAY, IS THIS THE BEST SITE OR COULD WE FIND SOMETHING THAT WOULD WORK BETTER FOR THE ENTIRE DISTRICT? SO THAT'S PART OF THE REASON I AM DEFINITELY IN SUPPORT OF THIS AMENDMENT. ALRIGHT. ANY OTHER COMMISSIONER SPEAKING FOR OR AGAINST THE AMENDMENT CHAIR? YES. COMMISSIONER ANDERSON. I BELIEVE I'M IN FAVOR OF THIS. IS IT POSSIBLE JUST TO HEAR BRIEFLY FROM THE APPLICANT TO SEE IF THERE'S CONCERNS OR IF THE APPLICANT'S ON BOARD WITH THIS AND WHAT THAT LOOKS LIKE? YES, BRIEFLY. THANK YOU, MR. SETTLE. YOU CAN MAKE BEHALF THE APPLICANT RATES. IT'S NEW TO US. IT SOUNDS REASONABLE. I CAN'T SAY FOR SURE THAT YES, IT'LL WORK. IT, IT MAKES PEOPLE NERVOUS WHEN YOU START LIMITING CERTIFICATES OF OCCUPANCY, BUT IT ALSO GETS PEOPLE WORKING ON STUFF TOO. SO FOR TONIGHT, I'M GONNA SAY WE ARE AMENABLE TO THE DISCUSSION. WE MAY HAVE TO COME BACK TO YOU LATER IF IT STARTS GETTING BALLED UP. THANK YOU. THANK YOU. [01:00:01] OKAY, LET'S GO AHEAD AND TAKE A VOTE ON THIS AMENDMENT. THIS WAS MADAM CHAIR. YES, COMMISSIONER HAYS. I THINK I HAVE AN AMENDMENT TO THE AMENDMENT. UM, GIVEN THAT, UM, I, I WAS TRYING TO LISTEN TO, UH, COMMISSIONER, UH, MAXWELL, AND SINCE THE SOUTH CENTRAL ADVISORY FOLKS HADN'T TAKEN THIS UP, RATHER THAN COMMISSIONER AZAR RATHER THAN, UH, IDENTIFYING THE SOUTH CENTRAL ZONE, WOULD YOU, YOU, YOU HAD MENTIONED AN IDEA THAT WE SAY WITHIN A MILE OF THE, I I DON'T KNOW THE DISTANCE LIMITATION, BUT CAN WE JUST SAY, LOCATED WITHIN A MILE OF, OF THE SITE AND GIVE A LITTLE MORE FLEX IF YOU'RE MAKING THAT AMENDMENT. I'M, I'M HAPPY TO SECOND IT. UM, I'M, I'M GETTING A HEAD SHAKE FROM ONE OF YOUR COLLEAGUES. UH, I, I WOULD BE MORE COMFORTABLE WITH THAT. UH, I, I'LL MAKE THAT AMENDMENT AND SEE HOW, SEE HOW IT PLAYS OUT. AND IF A MILE IS NOT THE RIGHT DISTANCE, THREE QUARTERS OF A MILE, HALF A MILE, WHATEVER, IT'S, YOU WILL NEED TO MENTION AN ACTUAL NUMBER FOR THE AMENDMENT. . MY, MY AMENDMENT IS A MILE, BUT WELL, UH, WAIT, WHAT? WAIT, THREE MILES. OH, THREE. WOW. THREE, FOUR, SORRY. I'M SORRY. I DON'T MEAN MY AMENDMENT'S A MILD. OKAY. BUT I'LL TAKE AN AMENDMENT TO THE AMENDMENT TO THE AMENDMENT. I'LL GO AHEAD AND SECOND THAT. OKAY. UM, ANY DISCUSSION ON THAT? PLEASE RESTATE WHAT THE FINAL NUMBER WAS. ONE MILE IS ONE MILE IS WHAT, UH, WE SETTLED ON, RATHER THAN MENTION IN THE SOUTH CENTRAL WATERFRONT ZONE, JUST ONE MILE WITHIN THE DESIGNATED P OR OR ONE MILE. YOU, YOU GOT THE LANGUAGE. YES. UM, DID YOU ABSORB THAT? YES. IF THAT'S OKAY WITH EVERYBODY, UM, WE'RE GOING TO ACCEPT THAT AS A FRIENDLY AMENDMENT IF, AS LONG AS COMMISSIONER MAXWELL IS OKAY WITH THAT. NO OBJECTION. NO OBJECTION. OKAY. OKAY. LET'S GO BACK TO THE AMENDMENT. THIS IS, UM, AS VICE CHAIR AZAR STATED ABOUT THE FIRE AND EMS LOCATION, UM, AND FRIENDLY AMENDED BY, UM, COMMISSIONER HAYNES OF THE MILE DISTANCE LIMITATION. ALL OF THOSE IN FAVOR. OKAY. THOSE AGAINST AND THOSE ABSTAINING. OKAY. COMMISSIONER PHILLIPS ABSTAINED ON THAT VOTE. THAT'S 10 TO ZERO TO ONE. OKAY. WE'LL GO BACK TO THE, UH, MAIN MOTION. THIS IS FOR STAFF'S RECOMMENDATION PLUS THE ENVIRONMENTAL COMMISSION'S, UH, RECOMMENDATIONS AS MADE BY VICE CHAIR AZAR AND SECOND BY COMMISSIONER MAXWELL. UM, WHERE WE WERE IN ORDER OF PROCESS, WE'RE LOOKING FOR ANYBODY SPEAKING AGAINST THIS MOTION. UH, CHAIR, JUST A POINT OF CLARIFICATION. THIS IS THE MOTION AS AMENDED, RIGHT? CORRECT. UH, YES, CORRECT. THANK YOU. UM, YES, COMMISSIONER MUELLER. SO THIS GOES BACK TO THE LARGER ISSUE, WHICH IS I'M VERY CONCERNED ABOUT THE BIG PICTURE OF THE CHANGES IN THE SOUTH CENTRAL WATERFRONT OVERLYING THE WATERSHED AREA IN LATER LADY BIRD LAKE. WE'VE DISCUSSED THIS A LOT. WE DON'T HAVE LARGE SCALE MODELING. I FIND IT VERY DIFFICULT TO SUBSCRIBE TO THE SITE BY SITE ZONING THEORY WHEN WE ARE OVERHAULING COMPLETELY THE DENSITY ALONG A VERY IMPORTANT WATERWAY. I KEEP SAYING IT OVER AND OVER AGAIN. I GUESS WE'LL KNOW IN 30 YEARS WHO WAS RIGHT AND WHO WAS WRONG. I THINK THIS IS THE WRONG APPROACH. AND SO WHILE I LIKE A LOT OF THE ELEMENTS OF THE, OF THE, THE DEVELOPMENT IN TERMS OF BEING SUPERIOR FOR THINGS LIKE HOUSING AND WHAT WE'RE DOING FOR THE COMMUNITY AND HOW WE'RE INTEGRATING TRANSPORTATION, I THINK THIS IS A VERY IMPORTANT MISSING PIECE. I JUST, I'M GONNA PUT IT ON THE RECORD. THANK YOU. THANK YOU THOUGH SPEAKING FOR THIS AMENDMENT, OR SORRY, THE MOTION AS AMENDED. MR. SKIDMORE, I'LL TAKE A MOMENT TO SPEAK FOR THE MOTION AGAIN. AND JUST TO SPEAK TO THE WATER QUALITY COMPONENT, AGAIN, WE'RE TAKING A SITE RIGHT NOW THAT'S 3.95 ACRES THAT IS ALMOST ALL IMPERVIOUS COVER AND MUCH OF THAT IS PARKING FOR VEHICLES, RIGHT? MOTOR VEHICLES THAT ARE LEAKING OILS AND GASES AND REPLACING IT WITH A WALKABLE URBAN DEVELOPMENT THAT'S REDUCING IMPERVIOUS COVER. SO I'M SUPPORTING IT BECAUSE I, WE ALREADY KNOW THAT WE ARE GOING TO ENHANCE WATER QUALITY AT THIS SITE. THANK YOU. THIS SPEAKING AGAINST, OR FOUR, LET'S GO AHEAD AND TAKE A VOTE ON THIS. THIS IS, UM, STAFF RECOMMENDATION PLUS ENVIRONMENTAL COMMISSION AS AMENDED. THOSE IN FAVOR. [01:05:06] EIGHT. IT WAS AGAINST AND ABSTAINING. NO. TWO. ALL RIGHT. THAT MOTION PASSES. THAT'S EIGHT TO ONE AGAINST AND TWO ABSTAINING COMMISSIONER STELLER AGAINST AND COMMISSIONERS HAYNES AND PHILLIPS ABSTAINING. ALRIGHT, THANK YOU EVERYBODY. WE'LL MOVE ON. I KNOW THE DEBATE IS COMING UP. UM, WE'LL MOVE ON TO NUMBER [8. Rezoning: C814-82-006.02(83) - Lake Austin Commons PUD Amendment; District 9] EIGHT, . ALL RIGHT, THIS IS OUR LAKE AUSTIN COMMONS POD AMENDMENT. WE'RE GOING TO HEAR FROM MR. TOMKO. GOOD EVENING, JONATHAN TOMKO AT THE PLANNING DEPARTMENT. ITEM NUMBER EIGHT IS CASE C EIGHT 14 DASH 82 DASH 0 6 0 2 83. LAKE AUSTIN COMMONS. PUTT AMENDMENT IS A REZONING REQUEST OF 1717 WEST SIX STREET AND 5 0 6 CAMPBELL STREET FROM POD NP TO POD NP TO CHANGE A CONDITION OF ZONING. THE CHANGE IN CONDITIONS OF ZONING WOULD AMEND THE PERMIT. UH, ADDITIONAL PERMITTED USES INCREASE MAXIMUM HEIGHT TO 90 FEET, INCREASE FLORIDA AREA RATIO TO TWO TO ONE AND ADDITIONAL ENVIRONMENTAL REQUIREMENTS. I BELIEVE WE HAVE ENVIRONMENTAL STAFF HERE. IF YOU HAVE ANY QUESTIONS ABOUT THESE STAFF RECOMMENDS GRANTING PUT NP WITH ALL CHANGES TO CONDITIONS OF ZONING. THE STAFF'S RECOMMENDATION OR THE SUBJECT TRACT IS APPROXIMATELY 3.4 ACRES. AND WHILE THE PUT ORDINANCE, UH, THAT WAS ORIGINALLY ADOPTED ENCOMPASSES APPROXIMATELY 5.96 ACRES, THIS APPLICATION ONLY ENCOMPASSES THE 3.4, APPROXIMATELY 3.4 ACRES NORTH OF WEST FIFTH STREET. THE SUBJECT TRACK IS CURRENTLY DEVELOPED WITH A FOUR STORY OFFICE BUILDING WITH STREET LEVEL RETAIL BELOW GRADE, UH, PARKING AND ABOVE GRADE PARKING, AND A SECOND PARKING STRUCTURE. UH, AND EIGHT ROOFTOP PICKLEBALL COURTS, WHICH WERE HAVE BEEN IN OPERATION SINCE APPROXIMATELY OCTOBER, 2023. ON THE ABOVE GROUND PARKING STRUCTURE. STAFF NOTED THAT THE OUTDOOR SPORTS AND RECREATION USE WAS NOT AN ALLOWED USE UNDER THE APPROVED P UM, AND ADOPTED ORDINANCE TO THE SOUTH OF THIS TRACT IS AN EIGHT STORY JLL OFFICE BUILDING THAT CONTAINS A BANK AND THREE STORIES OF STRUCTURED PARKING. THIS IS THE OTHER BUILDING THAT'S PART OF THE POD, BUT NOT PART OF THIS REQUEST. A SLIVER OF UNDEVELOPED, UH, LI AND P ZONE LAND BETWEEN THE RAILROAD TRACKS AND MOPAC TO THE EAST ARE SEVERAL MULTIFAMILY STRUCTURES THAT ARE BEING USED AS PROFESSIONAL OFFICE BUILDINGS AND, AND SMALL RETAIL STOREFRONTS, AS WELL AS PA SERVICE PARKING TO THE WEST. APPROXIMATELY A QUARTER MILE ACROSS. MOPAC INTERCHANGE ARE SOME SINGLE FAMILY HOMES IN THE DEEP EDDY NEIGHBORHOOD AND TO THE NORTH IS THE UNIVERSITY OF TEXAS GATEWAY APARTMENTS AND SEVEN SINGLE FAMILY HOMES, UH, THAT ARE CURRENTLY BEING USED FOR PROFESSIONAL OFFICES. STAFF IS COMMENDING THIS REZONING, UH, BASED ON THE, THE FACT THAT THE SUBJECT TRACT IS ABOUT TWO THIRDS OF A MILE WEST OF THE CENTRAL BUSINESS DISTRICT. THERE'S BEEN SEVERAL RECENT REZONING CASES ALONG WEST FIFTH AND WEST SIXTH STREET, BOTH IMAGINE AUSTIN ACTIVITY CORRIDORS. UM, THESE CASES HAVE RECENTLY EXPANDED PERMITTED USES, INCREASED MAXIMUM BUILDING HEIGHTS AND FLORIDA AREA RATIOS. UM, THE PROPOSED DON UH, ZONING WOULD PROMOTE IMAGINE AUSTIN'S GOAL TO ALLOW PEOPLE TO RESIDE, WORK SHOP, ACCESS SERVICES PEOPLE WATCH, RECREATE, AND HANG OUT, UH, WITHOUT TRAVELING FAR DISTANCES AS AN ENVISIONED IMAGINE AUSTIN. UH, AND LASTLY, UH, THE ZONING DOES PROMOTE A TRANSITION BETWEEN ADJACENT AND NEARBY ZONING DISTRICTS. UH, THE SUBJECT TRACK IS NOT ADJACENT TO A SINGLE FAMILY ZONING, UH, CATEGORY. THERE'S A NARROW STRIP OF NO AND LO BASED DISTRICT ZONING EXISTING TO THE NORTH AND THE OF THE SUBJECT TRACK, WHICH CREATES A TRANSITION OF APPROXIMATELY 250 FEET BETWEEN THE P AND THE SINGLE FAMILY ZONING TO THE NORTH. I'M AVAILABLE IF YOU HAVE ANY QUESTIONS. THANK YOU. CHAIR WILL NOW HEAR FROM THE APPLICANT FOR FIVE MINUTES. NEXT SLIDE, PLEASE. AND I'M, I PROMISE I'M GONNA GO ALMOST AS FAST ON THIS ONE. THIS IS THE SIDE YOU GUYS KNOW. IT IS, IS HARLAND PLAZA. IT ESSENTIALLY SITS WHERE FIFTH AND SIXTH HITS, UH, MOPAC. WE'RE GONNA FESS UP RIGHT OFF THE BAT. WE HAD A PICKLEBALL OPERATION THERE STARTED, DIDN'T HAVE THE ZONING TO DO IT. IT WAS SHUT DOWN, BUT THEY WOULD LIKE TO CONTINUE THERE. THAT'S ONE OF THE ASKS FOR TONIGHT. THAT'S ONE OF THE THINGS YOU'LL HEAR THE NEIGHBORHOOD, UM, TALK TO YOU ABOUT [01:10:01] AS WELL. NEXT SLIDE. THAT JUST SHOWS THE ZONING AROUND US. YOU CAN SEE, UH, WE'RE KIND OF AN ISLAND NEXT SLIDE THAT SHOWS THE PARKING GARAGE WITH THE, UH, PICKLEBALL ON TOP AND THE DISTANCE FROM THE AREAS ACROSS SIXTH STREET. NEXT SLIDE. THAT'S A LIGHT STUDY THAT, UM, THE NEIGHBORHOOD WE'LL, WE'LL TELL YOU IS WE DIDN'T STUDY ENOUGH, BUT ONE OF THE THINGS YOU'LL HEAR IS THAT THE LIGHTS BLEED OVER AND WE'RE WILLING TO DO THE SHIELDING OF LIGHTS, WHATEVER IT TAKES TO, TO MAKE THAT HAPPEN. AND NEXT SLIDE. I THINK THAT'S GOT IT. SO AGAIN, WE'LL ADOPT THE STAFF RECOMMENDATION. AND I YOU IN EFFORT TO MOVE THIS ALONG QUICKLY, YOU'RE GONNA HEAR A LOT FROM THE NEIGHBORS. THEY'VE BEEN GREAT. WE'VE WORKED, WE'VE MET WITH THEM A BUNCH. WE JUST HAVEN'T QUITE GOTTEN THERE ON AN AGREEMENT. YOU'LL HEAR WHERE WE'RE DIFFERING AND THEN WE WILL TURN IT OVER TO YOU GUYS TO SEE WHAT YOU THINK IS REASONABLE. THANK YOU. THANK YOU. CHAIR. WILL NOW BE HEARING FROM OUR PRIMARY SPEAKER IN OPPOSITION, DONNA OSBORNE. SHE'LL BE RECEIVING ONE MINUTE OF DONATED TIME FROM SHEILA LEON. SHEILA, ARE YOU PRESENT? YES, DONNA, YOU WILL HAVE SIX MINUTES. THANK YOU. GOOD EVENING, CHAIR HEMPHILL AND COMMISSIONERS. MY NAME IS DONNA OSBORNE. I'M AN ARCHITECT AND NEIGHBOR REPRESENTING AWANA. WE OPPOSE THE LAKE AUSTIN COMMON PUTT AMENDMENT. MOST IMPORTANTLY BECAUSE IT IS ABOUT RECTIFYING A NON-COMPLIANT USE WITH CURRENT ZONING. AND WE HAVE YET TO REACH AN AGREEMENT ABOUT THE TERMS OF THE SITUATION WITH THE OWNERS. WE DO HAVE A GREAT HISTORY OF WORKING WITH DEVELOPERS AND WE WELCOME NEW BUSINESSES AND THAT COMPLIMENT OUR NEIGHBORHOOD PICKLEBALL WOULD BE A GREAT ADDITION. HOWEVER, WE WOULD PREFER WELCOMING BUSINESSES THAT OPEN PROPERLY WITH ZONING AND PERMITTING. UH, IT'S BEEN MONTHS OF SLOW MOVING OR NON-EXISTENT MOVEMENT WITH AKILA AGREEING TO SOME TERMS TO RECTIFY THE PICKLEBALL PROBLEM THAT THEY CREATED WITHOUT PROPER ZONING OR PERMITTING. IT WASN'T UNTIL WE SENT OUR OPPOSITION TO YOU. GOT LETTER TO YOU GUYS THIS LAST WEEK THAT WE FINALLY GOT SOME BIG MOVEMENT ON THE PROCESS. UM, PRIMARILY, UH, WE ARE IN DISAGREEMENT ABOUT, IT'S A NOISE AND LIGHT ISSUE MOSTLY. AND THE LIGHTS AND THE REPETITIVE IMPULSE SOUND OF THE PICKLEBALL HAS BEEN DISRUPTING THE NEIGHBORS WHO LIVE TO THE NORTH IN THE PICTURE, JUST UP THE HILL OF THAT. IT IS COMMERCIAL ON THE, ON THE RIGHT, ON SIXTH, BUT UP THE HILL, THERE'S A LOT OF NEIGHBORS THERE. UM, IN JANUARY, LET'S SEE, UM, THE NEIGHBORS MET WITH, UH, THE OWNERS OF THE BUILDING AND TALKED ABOUT REMEDIATION AND NOTHING HAPPENED IN JANUARY. AQUILA REQUESTED TO MEET WITH OUR COMMITTEE AND FILE AN AMENDMENT FOR A PUD CHANGE, UM, WITH NEW USES AND DOUBLING THE HEIGHT OF THE PARKING GARAGE, MAKING THE PICKLEBALL AND INTERSTITIAL SPACE AND ADDING SPACE ON TOP. THE NEIGHBORS WISH THAT THE PICKLEBALL COURT WOULD BE ENCLOSED, UH, TO MITIGATE THE LIGHT AND THE NOISE, BUT THAT'S NOT GONNA BE AN OPTION, UM, TO AQUILA. UM, WE WERE TOLD THAT IT WAS NOT AN OPTION, BUT THEY INSTEAD GAVE ADJUSTMENTS THAT THEY WOULD MAKE TO THE LIGHTS AND ADD SHIELDS AND MANY DIFFERENT THINGS. BUT NONE OF THAT HAS THE LIGHTS HAVE BEEN WORKED ON. THERE'S STILL NO SHIELDS. IT'S STILL AN ISSUE WITH THE NEIGHBORS. UM, WE SUGGESTED THAT PICKLEBALL RANCH OFFER QUIET EQUIPMENT, BUT THAT WAS SEEMED TO BE A DIFFICULT, UM, ITEM OR A CHALLENGE FOR THEM TO ENCOURAGE COMPLIANCE WITH. UH, WE CONTINUE WITH FRUSTRATION AND CALLED 3 1 1. GOT IT. CUT. YOU KNOW, SHUT DOWN. BASICALLY, UM, IN MAY, THE PICKLEBALL RANCH PRESENTED THEIR COMMISSION SOUND STUDY, UPDATED PADDLE ROLLS AND WHAT THEY STYLED AS THEIR FINAL ATTEMPT TO MITIGATE THE NOISE AND LIGHTING ISSUES. THEIR BASIC VIBE TO US WAS THAT THEY WERE PROMOTING HEALTH AND HAPPINESS. PICKLEBALL WAS NOT A PROBLEM. THE NEIGHBORS WERE STILL OPEN FOR BUSINESS. THE BUILDING OWNERS FINALLY LOCKED THEM OUT OF THE SPACE AND SHUT THEM DOWN. ON JUNE 7TH, I REACHED OUT TO THEIR SOUND ENGINEER TRYING TO UNDERSTAND WHAT THEIR, UH, HISTORY WAS WITH PICKLEBALL SOUND. I IDENTIFIED WHO I WAS, WHY I WAS CALLING AND NEVER RECEIVED A CALL BACK. THAT LED US TO, UM, DE DECIDE TO RETAIN OUR OWN INDEPENDENT CONSULTANT, PSM PICKLEBALL SOUND MITIGATION. A NATIONALLY RECOGNIZED EXPERT IN THE FIELD WITH OVER 150 PICKLEBALL SITE EVALUATIONS UNDER ITS BELT. YOU'VE RECEIVED A COPY OF THIS REPORT. THE PSM STUDY IS BASED ON WHAT IS AN ACCEPTABLE STANDARD OF REASONABLE NOISE LEVELS USED IN EVALUATIONS ACROSS THE UNITED STATES. IT IS NOT BASED ON THE CITY OF AUSTIN SOUND ORDINANCE WITH REGARDS TO THE IMPACTS OF PICKLEBALL NOISE. A UNIQUE PITCH AKIN TO THE BACKUP BEEPING OF A TRASH TRUCK THAT IS A NATIONWIDE NUISANCE. LAST [01:15:01] WEEK WE TRIED ONE MORE OUTREACH FOR COMPROMISE WITH AQUILA SUGGESTING WITH AQUILA SUGGESTING PSMS RECOMMENDATION OF A 10 FOOT TALL ACOUSTIC BARRIER ON THE NORTH AND WEST SIDES OF THE PARKING GARAGE. AQUILA IS UNWILLING TO COMMIT TO THE COMPROMISE. THE EXPENSE OF THE RECOMMENDED SOUND BARRIER BY PSM DOES NOT QUALIFY AS A HARDSHIP. IT IS A NECESSITY FOR THE PEACE AND QUIET OF THE LONG-TERM. NEIGHBORS. PICKLEBALL IS POSSIBLY ALTERING THE MAIN FUNCTION OF THE BUILDING FROM PARKING TO ASSEMBLY WITH MORE STRINGENT LIFE SAFETY REQUIREMENTS BASED ON OCCUPANCY LOAD AND FOR RESTROOMS, ET CETERA, TRIGGERING HANDICAP ACCESSIBILITY TO THE COURTS AND THE FACILITIES. WE ARE RUNNING OUT OF PATIENTS AND WE HAVE SPENT AN INORDINATE AMOUNT OF TIME AND MONEY ON THIS ADDRESSING CLEARLY AN ILLEGAL USE AND WE DON'T OWN THIS PROBLEM. OTHER ASPECTS OF THE PROPOSED AMENDMENT THAT WE WOULD LIKE TO WORK THROUGH WITH THE OWNER ARE THE AUTHORIZATION OF A COCKTAIL LOUNGE WHERE THAT WOULD BE LOCATED. UH, CARS EXITING IF YOU WOULD. I'M SORRY. GO TO SLIDE FOUR. APOLOGIZE. THAT'S THE COURTS AT NIGHT, THE LIGHTS. UM, IF YOU'LL GO TO THE LAST SLIDE. THANK YOU. THE CARS EXITING THE PARKING GARAGE ILLEGALLY TURNED RIGHT ONTO WEST SIXTH STREET. AND, UH, SINCE PICKLEBALL HAS OPENED, THERE'S BEEN AN INCREASE OF THIS NEIGHBORS EXITING PATTERSON. THE GREEN ARROW HAVE BEEN RUN OFF THE ROAD AND IT'S AN INCREDIBLY DANGEROUS SITUATION. THERE'S BEEN AN UPTICK OF PICKLEBALL PLAYERS PARKING UP UPHILL IN OUR NEIGHBORHOOD 'CAUSE THEY DON'T WANNA PAY THE $5 FEE TO PARK IN THE GARAGE WHERE THE PICKLEBALL IS HOUSED. UM, AQUILA IS REQUESTING THE AUTHORITY TO DOUBLE THE HEIGHT OF THE BUILDING WITHOUT GIVING US A WHOLE LOT OF DETAILS ABOUT WHAT MIGHT ACTUALLY HAPPEN THERE. UM, THE DEVELOPER IS WILLING TO COMMIT TO A PERCENTAGE OF AFFORDABLE HOUSING AND WE WOULD BE INCLINED TO ACCEPT THAT HEIGHT INCREASE. HOWEVER, THEY MENTIONED THAT THAT IS UNLIKELY TO ADD THAT, THAT THEY ARE UNLIKELY TO ADD RESIDENTIAL USE FOR AT LEAST 20 YEARS. UH, THERE ARE OTHER MINOR ISSUES AND WE ARE UNABLE TO REACH AGREEMENT ON THE CONDITIONS OF THE COVENANT. UH, AQUILA HAS BEEN UNWILLING TO ADEQUATELY ADDRESS THE PROBLEM CREATED BY PICKLEBALL. THE PUT AMENDMENT IS ASKING FOR A CONSIDERABLE DISCRETIONARY DEVELOPMENT AUTHORITY WITHOUT STATING CLEAR INTENTION. AND THE TIMING OF THE DEVELOPMENT IS UNCERTAIN BECAUSE AUSTIN PICKLEBALL RANCH WAS ORIGINALLY GIVEN A SEVEN YEAR LEASE, EVEN THOUGH THEY WERE IN VIOLATION. IS THAT IT? ONE MINUTE OR AM I DONE? THAT'S IT. OH, I'M SO SORRY. THAT'S OKAY. THANK YOU. THANK YOU SO MUCH. MM-HMM, . THANK YOU, DONNA, FOR YOUR COMMENTS. OUR NEXT SPEAKER IS BARRY WIREMAN. BARRY WILL BE RECEIVING ONE MINUTE OF DONATED TIME FROM WILLIAM OSBORNE. WILLIAM, ARE YOU PRESENT? YES. BARRY, YOU WILL BE RECEIVING FOUR MINUTES. SO IT LOOKS LIKE HE MIGHT NOT BE PRESENT AT THIS MOMENT. WILL COME BACK IF HE SHOWS UP AT A LATER TIME. YES. BUT MOVING ON, OUR NEXT SPEAKER IS BEVERLY DUNN. BEVERLY WILL BE RECEIVING ONE MINUTE OF DONATED TIME FROM CAROL WAGNER. CAROL, ARE YOU PRESENT? YES. BEVERLY. YOU'LL BE RECEIVING FOUR MINUTES MUTE. HE'S ON THE PHONE. THAT SPEAKER IS HE SHOULD WE MOVE FORWARD WITH, WITH STUN? SORRY ABOUT THAT. HE WAS IN OUR QUEUE. WE'RE JUST GETTING ORGANIZED REAL QUICK. BARRY, PLEASE PRESS STAR, STAR SIX AND PROCEED WITH YOUR REMARKS. YOU WILL HAVE FOUR MINUTES. GOOD EVENING, MADAM CHAIRPERSON, COMMISSIONERS AND INTERESTED PARTICIPANTS. MY NAME IS BARRY WYMAN. I AM THE PRINCIPAL ACOUSTICAL ENGINEER FOR PICKLEBALL SOUND MITIGATION. WE ARE FIRM THAT EXCLUSIVELY FOCUSES ON PICKLEBALL NOISE AND SITE ASSESSMENTS. PSM WAS ASKED TO RECOMMEND WHAT WAS REQUIRED TO REDUCE PICKLEBALL, PICKLEBALL NOISE FROM THE ROOFTOP PARKING GARAGE COURTS OF THE PICKLEBALL RANCH TO ACCEPTABLE LEVELS FOR RESIDENTS OF THE NEARBY OLD WEST AUSTIN NEIGHBORHOOD. IT IS NOT NOTABLE THAT THIS NEIGHBORHOOD SITS ON A HILL AT THE SAME ELEVATION. MR. WIREMAN COURT COURT, CAN I HAVE YOU PAUSE FOR JUST A MOMENT? DID YOU HAVE A PRESENTATION? I DO. OKAY, LET'S GET THAT UP ON THE SCREEN. YOU WON'T LOSE YOUR TIME. OKAY. I'LL LET YOU KNOW WHEN WE'VE GOT IT, . [01:20:03] OKAY. WE HAVE YOUR, UM, WE HAVE YOUR SLIDES UP, SO PLEASE PROCEED. OKAY. WE WERE ASKED TO, WE WERE ASKED TO, UM, LOOK AT OPTIONS TO REDUCE THE NOISE. WE USED PICKLEBALL DATA, GOOGLE MAPS, AND A NOISE PREDICTION PROGRAM TO BE ABLE TO PREDICT LEVELS AT ALL LOCATIONS WITHIN THE, UH, WITHIN THE NEARBY NEIGHBORHOOD. SO THIS METHODOLOGY ALLOWS US TO LOOK AT AN EXISTING AS IS CONDITION, AND THEN LOOK AT SEVERAL, UH, WHAT IFS SCENARIOS IN ORDER TO REDUCE NOISE. OUR TORIC TARGET FOR ACCEPTABLE IMPULSIVE NOISE FROM PICKLEBALL IS 50 DECIBELS AS MEASURED ON, UH, THE, A WEIGHTING OF A SOUND LEVEL METER AND WITH A FAST RESPONSE, UM, OF THE METER TO CAPTURE THE IMPULSE PICKLEBALL. SO IF WE GO TO THE SECOND SLIDE THAT SAYS, CURRENT SITUATION, NO SOUND BARRIERS. THIS IS A SOUND MAP THAT SHOWS THE NOISE LEVELS. THE LEGEND AT THE LEFT SHOWS THE LEVELS IN FIVE BEL INCREMENTS. THE LITTLE CIRCLES ACTUALLY SHOW THE NOISE LEVEL AT INDIVIDUAL LOCATIONS. UM, AS I MENTIONED, OUR TARGET WAS 50. SO WE WOULD LIKE TO SEE ALL ZONES, UH, THAT ARE GREEN. UH, IF YOU NOTICE IN THIS AS IS CONDITION, THERE ARE ORANGE NOISE ZONES WHERE NOISE IS BOTHERSOME. HOW BOTHERSOME, IF YOU LOOK AT SOME OF THE HOMES UP ON FRANCIS STREET, DEEP INTO THE NEIGHBORHOOD, THESE LEVELS ARE 58 TO 59 DB. THIS IS EQUIVALENT TO MAYBE A DISHWASHER OR AN ELECTRIC TOOTHBRUSH RUNNING. UH, BUT, BUT THE METHOD, BUT THE, THE SERIOUSNESS OF THIS IS THAT PICKLEBALL NOISE IS NOT A STEADY NOISE. IT IS A STACCATO IMPULSIVE NOISE. IT THAT BECOMES MUCH MORE ANNOYING AT THE SAME LEVEL OF A STEADY STATE NOISE. SO IN ORDER TO IMPROVE THIS SITUATION AND GET TO A GREEN ZONE FOR ALL OF THE NEIGHBORHOODS, THE NEXT SLIDE, WHICH IS SHOULD SAY RECOMMENDATION 10 FOOT DOWN BARRIERS ON NORTH AND WEST SIDES. WE LOOKED AT THE OPTION OF HAVING A 10 FOOT SOUND BARRIER ALONG THE ENTIRE NORTH SIDE AND THE ENTIRE WEST SIDE. THIS BASICALLY CREATES AN ENVELOPE WHERE THE PICKLEBALL NOISE IS SHIELDED FROM THE, UM, FROM THE OLD WEST AUSTIN NEIGHBORHOOD AREAS. IF YOU LOOK AT THE LEVELS, UM, THEY'RE ALL EXCEPT ONE, WHICH IS 51, ALL BELOW 50, AND WE HAVE LARGE AREAS OF GREEN ZONES. SO THIS BECOMES A MUCH MORE ACCEPTABLE SITUATION. UH, AND WHAT IT IS REALLY DOING IS ELIMINATING THE DIRECT PATH OF SOUND FROM THESE MULTIPLE EIGHT PICKLEBALL COURTS TO ANY OF THE HOME SITES. IF THERE'S A DIRECT PATH OF SITE, THERE'S A DIRECT PATH OF SOUND PROPAGATION. IF YOU LOOK AT THE NEXT SLIDE, WHICH SAYS, UH, 10 FOOT BARRIERS NORTH WALL AND ONLY 20 FEET ON THE WEST WALL. THIS WAS A COUNTER PROPOSAL TO SAY, WHAT IF WE ONLY PUT A, A PARTIAL BARRIER ON THE WEST WALL? WHAT ACTUALLY HAPPENS IS NOW THE WEST SIDE OF THE NEIGHBORHOOD, AND THESE ARE PARTICULARLY HOMES ON PATTERSON AVENUE AND WEST OF PATTERSON. UM, THESE SOUND LEVELS GO UP TO 56 DECIBELS. MR. WYMAN ARE BACK. THE ORANGE NOISE ZONES, SORRY, MR. WIREMAN, THE 20 FOOT CORNER WALL LEAVES AN OPEN PASS FROM THE COURTS. MR. WIREMAN, WE, WE'VE REACHED THE END OF YOUR TIME. YES. FINAL THOUGHTS. OKAY. FINAL, FINAL THOUGHT IS IN THE NEXT, UH, IS IN THE NEXT SLIDE. IT BASICALLY SHOWS THE, UM, THE, THE HOLE THAT'S LEFT WITH THIS, THIS DESIGN ONLY WORKS IF SOUTHWEST COURT IS ELIMINATED FROM THE PLAY. AND I DO NOT THINK THAT'S THE INTENT, BUT THERE IS A WAY TO MAKE THIS COEXIST IN AN URBAN SETTING, AND THAT IS TO FOLLOW THE DESIGN, WHICH IS REALLY NOT NEGOTIABLE IN ORDER TO ASSURE THAT IT CAN COEXIST IN AN URBAN SETTING. THANK YOU SO MUCH. THANK YOU. THANK YOU BARRY, FOR YOUR COMMENTS. AND I APOLOGIZE FOR ANY OF THE MISCOMMUNICATIONS PREVIOUSLY. SO OUR NEXT SPEAKER IS GONNA BE BEVERLY DUNN. BEVERLY WILL BE RECEIVING ONE MINUTE OF DONATED TIME FROM CAROL, WHO I BELIEVE IS STILL PRESENT. YES. [01:25:01] SO BEVERLY, YOU'LL BE RECEIVING FOUR MINUTES. HELLO, I'M BEVERLY DUNN AND I LIVE AT 6 0 7 PATTERSON AVENUE NEW AND HAVE LIVED THERE WITH MY FAMILY FOR 44 YEARS. WHO ARE WE? THE IMMEDIATE NEIGHBORS TO THIS PROJECT WE'RE TENNIS PLAYERS, PICKLEBALL PLAYERS, FORMER ATHLETES, LOVERS OF RECS, SPORTS AND REC, AVID GARDENERS, BIRD WATCHERS, MUSICIANS. WE HAVE AN ANNUAL TALENT SHOW IN MAYPOLE DANCE IN OUR NEIGHBORHOOD. AND WE'RE NOT SPECIAL, WE'RE NOT FANCY, BUT WE MIGHT BE UNIQUE. THIS ILLEGALLY BUILT BUSINESS AFFECTED OUR DAILY LIVES. I COULD HEAR PICKLEBALL THROUGH NOISE CANCELING EARBUDS WHILE I WAS GARDENING REGARDING THE TRAIN NOISE VERSUS PICKLEBALL. THERE'S NO COMPARISON. THE DIFFERENCE IS SPELLED OUT IN THE SOUND STUDY. DIFFERENT PITCHES, RANDOM POPPING NOISES, AND MOST IMPORTANTLY, TRAINS COME AND GO REALLY FAST A FEW TIMES A DAY, SOMETIMES UNNOTICED. WHEN MY GRANDSON'S THERE, WE GO DOWN AND WAVE TO THE TRAIN. I HEAR PICKLEBALL WHEN IT'S GOING ON. EVERY TIME I STEP OUT MY BACK DOOR FROM 8:00 AM TO 10:00 PM 14 HOURS A DAY, SEVEN DAYS A WEEK. THE TRAIN'S ALWAYS BEEN USED BY DEVELOPERS IN MY 40 YEARS TO BUILD OR NOT TO BUILD, DEPENDING ON THE ZONING AND HOW IT SERVED THEM. WORKING WITH THE LAC PUG GROUP HAS BEEN FRUSTRATING BECAUSE THEY'VE MISREPRESENTED THEIR PROJECT FROM THE VERY BEGINNING SAYING IT WAS UP TO CODE. THEY TOLD NEIGHBORS THEY WOULD WORK TO MITIGATE PROBLEMS AND GET BACK WITHIN 45 DAYS. THAT DIDN'T HAPPEN. THE PROPERTY OWNERS DIDN'T APPEAR TO KNOW WHAT WAS GOING ON ON THEIR OWN PROPERTY OR HOW TO MANAGE IT. EXAMPLES WERE INCIDENTS WITH AMPLIFIED SOUND AT SIX 30 IN THE MORNING THAT WE HAD MORNING THAT WE HAD TO CALL THEM ON AND INABILITY TO TURN OFF LIGHTS THAT THEY SAID WERE ALREADY TURNED OFF. QUOTES FROM MCKAYLA THAT IT CONCERNED US WERE, IT'S UP TO CODE. THAT WAS THE FIRST MEETING WE HAD WITH THEM. PERMIT SMIT JOKED. ONE REPRESENTATIVE WHEN ASKED WHAT THE VISION FOR THE PROJECT WAS, THE OWNER REPLIED, WE'D LIKE TO SEE SOMETHING LIKE CALIFORNIA'S VENICE BEACH. WHEN ASKED, UM, WHEN THE RESIDENTIAL PROPERTIES WOULD GO IN, THEY SAID MAYBE IN 20 YEARS OUR NEIGHBORHOOD RESISTS THE IDEA OF A BAR DESTINATION AS THE LAST STOP. BEFORE MOPAC, A RESTAURANT WITH ALCOHOL WOULD BE AGREEABLE. ANY BAR ON THE PROPERTY SHOULD FRONT ON FIFTH STREET, NOT SIXTH. YOUR TRANSPORTATION DEPARTMENT CAN CONFIRM THE MANY WRECKS AND DEATHS IN THE IMMEDIATE AREA NEAR THE FRONT, THE FRONT OF THIS PROPERTY AND APPROACHING MOPAC. MY MOST IMPORTANT POINT TO YOU TONIGHT IS THAT THIS IS A STARTUP BUSINESS THAT WAS KNOWINGLY BUILT, INCLUDING STADIUM LIGHTING WITHOUT PROPER ZONING OR A BUILDING PERMIT FOR THE CITY TO SUPPORT THAT SET STANDARDS FOR ALL FUTURE START STARTUP BUSINESSES TO DO THE SAME. THEY'VE DISRESPECTED YOU, THE CITY OF AUSTIN, THE NEIGHBORS, AND THEY'VE MADE A JOKE OF THE PROCESS TO PICKLE BALLERS. YOUR COMPLAINTS SHOULD BE DIRECTED TO THE PROPERTY AND THE BUSINESS OWNERS FOR BYPASSING CITY REGULATIONS. WE ARE FOR PEACE IN OUR HOMES AND NEIGHBORHOODS, NOT AGAINST YOU PLAYING PICKLEBALL THAT IS NEIGHBORHOOD FRIENDLY. UM, DONNA ALSO WANTED ME TO READ WHAT SHE DIDN'T GET IN, WHICH IS WE WOULD LIKE FOR YOU TO SUPPORT THE REASONABLE CONDITION THAT WE HAVE MADE PROGRESS, MADE PROGRESS CONDITIONS WE'VE MADE PROGRESS ON OR OPPOSE THIS APPLICATION, AND ENCOURAGE THE APPLICANTS TO CONTINUE NEGOTIATIONS WITH THE OWNERS. I'D LIKE TO SAY PLEASE DON'T JOIN AN EFFORT TO NEGATIVELY AFFECT ONE OF THE REMAINING FEW SMALL NEIGHBORHOODS SKIRTING THE DOWNTOWN. AUSTIN, THANK YOU FOR YOUR TIME. I APPRECIATE YOU CONSIDERING MY VIEWPOINT. THANK YOU MS. DUNN. THANK YOU FOR YOUR COMMENTS. OUR NEXT SPEAKER IS MIGUEL RIVERA. MIGUEL WILL BE RECEIVING TWO MINUTES OF DONATED TIME, BOTH FROM MIKE BENHART AND PHYLLIS. PATRICK, ARE Y'ALL BOTH PRESENT? THEY BOTH RAISED THEIR HANDS. YES. BEHALF TOTAL. YOU WILL HAVE FIVE MINUTES. OKAY. I'M ANOTHER RESIDENT AND ALSO AN ARCHITECT. CAN YOU GO TO THE NEXT SLIDE? THAT'S THE 16 CONDITIONS. THIS IS THE COURTS, UH, WE'VE BEEN TALKING ABOUT AND YOU CAN SEE THE HEIGHT OF, OF THEM. I THINK THE ACOUSTIC CONSULTANT WAS TALKING ABOUT THE COURT ON THE RIGHT THERE TO, UH, TO BE ELIMINATED IF THEY'RE NOT GONNA CONTINUE WITH THE ACOUSTIC, UH, [01:30:01] UH, SEPARATION. NEXT SLIDE. YOU CAN ALSO SEE THEY HAVE A FOOD TRUCK THERE, UH, AIR, UM, AIRSTREAM WHERE THEY'RE SERVING, YOU KNOW, FOOD AND DRINKS I GUESS. AND I DON'T KNOW IF THEY HAVE ALSO PERMIT FOR THE HEALTH DEPARTMENT FOR THAT. NEXT SLIDE PLEASE. THIS IS THE SLIDE FROM, UH, ONE OF OUR NEIGHBORS, UH, HOUSES. WE AGAIN ASKED THEM TO COME A GI TO COME TO THE SITE TO SEE IT WITH THEIR OWN EYES. UH, YES, THEY DID A, UH, LIGHTING STUDY, BUT IT'S NOT TAKING A CONSIDERATION THE DISTANCE. CAN YOU GO FOR THE NEXT ONE PLEASE? AND THIS IS KIND OF A SKETCH. THIS IS THE LIGHTING, UM, UM, CODE FROM THE CITY IS LIGHTING, BUT NOT MUST BE HU OR SHE. SO THE LIGHT SOURCE IS NOT DIRECTLY VISIBLE FROM THE ADJACENT PROPERTIES. IT IS, UH, IT IS, UH, VISIBLE FOR THE ADJACENT CITIES. AND THE SKETCH HERE I DID IN, IN THE TOP THERE, YOU CAN SEE, UH, MORE OR LESS THE BUILDING WHERE YOU HAVE THESE LIGHTS. THEY'RE SHINING INTO, UH, THE HOUSES THAT ARE UPHILL. UM, WHEN THEY DO THE, THEIR STUDY IS KIND OF LIKE TO THE PROPERTY LINE, WHICH IS OBVIOUSLY THERE'S NO LIGHT IN THE GROUND BECAUSE THE LIGHT IS GOING OVER, UH, THE BUILDING. UM, THEY DID PUT SHIELDS AND THE SKETCH BELOW SHOWS THAT THEY PUT SHIELDS ON THE SIDE ON THE BACK. SO FOR THE FIXTURES THAT ARE IN THE FACING, UH, THE BACK OR FACING SIXTH STREET, THAT SHIELDING THE SIDE ON THE BACK. BUT FOR THE FIXTURES THAT ARE IN THE OTHER SIDE, THEY HAVE TO LEAVE THE FRONT OPEN SO THAT LIGHT GOES TO THE NEIGHBORHOOD. SO THE FACT THEY SAY THEY PUT SHIELDS IS NOT DEALING WITH THE LIGHT. CAN YOU GO TO THE NEXT ONE, PLEASE? UH, AND YOU CAN SEE HERE, YOU KNOW, THE, THE FIXTURES IN THERE. THEY WERE, LIKE I SAY, FROM, YOU KNOW, TILL 10:00 PM THEY WERE BEFORE UNTIL, YOU KNOW, ALL NIGHT. BUT NOW IT'S TILL 10:00 PM UH, CAN YOU GO NEXT ONE? WHEN THEY'RE TALKING ABOUT, UH, THEY'RE GONNA INCREASE. THIS IS NOT JUST ABOUT THE ZONING. I THINK ONE OF THE THINGS THAT YOU NEED TO BE CONSCIOUS IS KIND OF SOMETHING THAT WORKED IN THE, IN THE STREET. WE KNOW THAT THE CITY OF AUSTIN NEEDS MORE DENSITY. WE WANT MORE AFFORDABLE HOUSING. AND MANY DEVELOPERS UNDER, UH, REPRESENTATIVE THINK THAT IF THEY SAY THE MAGIC WORDS TO YOU, WE'RE GONNA PROVIDE AFFORDABLE HOUSING, YOU'RE GONNA GIVE THEM THE ZONING BECAUSE THEY'RE PROVIDING AFFORDABLE HOUSING. AND WE KNOW THEY HAVE A LEASE OF SEVEN YEARS WITH THAT PICKLEBALL. THEY'RE NOT GONNA PROVIDE AFFORDABLE HOUSING IN THE NEAR FUTURE. BUT IT'S A WAY TO GET THE HEIGHT AND GET OTHER THINGS THAT THEY'RE NOT PLANNING TO DO. 'CAUSE THEY THINK THAT JUST SAYING THE MAGIC WORDS OF AFFORDABLE HOUSING, EVERYBODY, UH, IS GONNA JUST GIVE IT WHAT THEY WANT. WE ASKED THEM FOR RENDERING, FOR IDEA WAS THIS BUILDING'S GONNA LOOK LIKE, AND THEY HAVE, WE DON'T KNOW WHAT IT'S GONNA LOOK LIKE. SO WE JUST PUT ONE ON TOP OF THE OTHER AND SEE. SO, UH, WE HOPE THAT YOU, UH, CONSIDER, UH, THIS, THAT, UM, THEY CANNOT JUST ASK FOR FORGIVENESS. PERMI NO PERMISSION. AND THE FORGIVENESS LATER IS, UH, SET A PRECEDENT FOR THE CITY THAT WE NEED TO OBEY BY THE RULES. AND THIS IS REALLY AFFECTING ALL THE, ALL THE, UH, THE NEIGHBORS THAT WE WORK VERY HARD TO REACH A COMPROMISE. UM, OR NEIGHBORS. WERE LIKE, WE'RE FIND THAT YOU HAVE THE PICKLEBALL. LET'S WORK IN A SOLUTION FOR LIGHTING. LET'S WORK A SOLUTION FOR THE PARKING. LET'S GET A SOLUTION FOR THE SOUND. AND THEY'RE NOT WILLING TO DO THAT. SO THAT'S WHY WE'RE, WE'RE HERE TODAY. IT'S JUST THE QUALITY OF LIFE. SO THE PLANNING COMMISSION JOB IS TO PLANT WHAT ARE THE CONSEQUENCES OF BUILDING, UH, OR GIVING THIS, UH, ZONING WHEN IT, UH, HOW THAT'S GONNA AFFECT THE CITIZENS OF THE CITY. SO WE ARE ALL FOR PROGRESS. WE ALL FOR DENSITY. WE'RE ALL FOR AFFORDABLE HOUSING FOR BUSINESSES, BUT WE NEED TO DO IT IN A SMART WAY. AND WE CANNOT COMPENSATE OR GIVE A GIFT FOR THOSE THAT DO NOT, UH, DO THE BASIC SOLUTIONS FOR, UH, THE QUALITY OF LIFE. I MEAN, THAT'S JUST BASIC. IT'S, WE'RE NOT ASKING FOR ANYTHING SPECIAL. IT'S JUST BASIC. THEY CREATED THE PROBLEM, THEY NEED TO SOLVE IT. WE GOT TOGETHER, WE ARE ONLY A SMALL, UH, GROUP OF, OF THE NEIGHBORS THAT WE PAID OUR OWN MONEY TO GET OUR OWN ACOUSTIC CONSULTANT TO DO THE RIGHT THING. SO I URGE YOU TO DENY THIS OR, YOU KNOW, ASK THE APPLICANT TO COMPLY WITH WHAT THEY HAVE TO DO, NOT JUST A SMALL FIX, A LITTLE WALL OR A LITTLE THING, UH, JUST TO, YOU KNOW, FIX THE PROBLEM. THANK YOU VERY MUCH. OKAY. THANK YOU MR. RIVERA. THANK YOU FOR YOUR COMMENTS. OUR NEXT SPEAKER IS ROB MILLER, WHO WILL BE JOINING US VIRTUALLY. ROB WILL BE RECEIVING TWO MINUTES OF DONATED TIME, BOTH FROM PAULA HEARN AND WILLIAM OSBORNE. ARE WE BOTH PRESENT? VERY PRESENT. [01:35:04] ROB, YOU'LL BE RECEIVING THREE MINUTES. PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS. HELLO? YES, WE CAN HEAR YOU. PLEASE PROCEED. OH, THANK YOU. SORRY, IT WOULDN'T LET ME UNMUTE. UM, I'M ROB MILLER. HELLO, COMMISSIONERS AND STAFF. SORRY, I'M OUT OF TOWN. UH, I LIVE ON FRANCIS AVENUE IN CLARKSVILLE AND HAVE SO FOR 30 YEARS. UH, LET ME SAY, THE NEIGHBORHOOD IS NOT OPPOSED TO PICKLEBALL IN GENERAL OR ANY SORT OF RECREATION. WE'RE OPPOSED TO THIS PARTICULAR PICKLEBALL FACILITY BEING DROPPED NEXT TO OUR NEIGHBORHOOD WITH NO REGARD TO ZONING OR ADHERENCE TO CITY CODE AND THE NEGATIVE SOUND AND LIGHT IMPACTS IT HAS HAD ON OUR DAILY QUALITY OF LIFE. FIRST, THE SOUND. IT'S INCESSANT HIGH PI, HIGH PITCHED POPPING OF PADDLES, HITTING BALLS FROM 8:00 AM TO 10:00 PM AT NIGHT, SEVEN DAYS A WEEK. IT IS NOT A TRAIN PASSING IN THE NIGHT. IT IS ALL DAY LONG. I HEAR THE CONSTANT POPPING OUT IN MY YARD, OBVIOUSLY, AS WELL AS INSIDE MY HOUSE. IT'S PRETTY MUCH THE, UH, FIRST THING I HEAR IN THE MORNING, ALONG WITH YELLING AT PLAYER, EXCITED PLAYERS. AND IT'S THE LAST THING I HEAR AT NIGHT. IMAGINE THAT HAPPENING IN YOUR NEIGHBORHOOD AND AT YOUR HOUSE. SECOND, THE LIGHTING, THE COURTS ARE LIT IN EFFECT BY TENNIS COURT, TOWER LIGHTS ONLY. THERE ARE FOUR STORIES UP IN THE SKY, SO YOU CAN IMAGINE HOW FAR THEY SHINE OUT IN EVERY DIRECTION FROM THAT HEIGHT. UNFORTUNATELY, THE JARRING GLARE SHINES INTO MY YARD AND INTO MY HOUSE, INTO MY KITCHEN, THROUGH THE DINING ROOM AND INTO MY LIVING ROOM. WE REQUESTED LIGHT SHIELDS BE INSTALLED AND SOME WERE, BUT INEXPLICABLY NOT ON ALL THE LIGHT TOWERS UNTIL THE CITY SHUT THE FACILITY DOWN DUE TO BLATANT ZONING AND CODE VIOLATIONS. I STILL HAVE THE LIGHTS SHINING INTO MY PROPERTY EVERY SINGLE DAY UNTIL 10 15 AT NIGHT WHEN THEY GO OFF ON A TIMER. IT'S A RIDICULOUS INTRUSION INTO OUR LIVES AND ONE THAT CAN'T BE ALLOWED TO CONTINUE. LASTLY, I'D ALSO LIKE TO MENTION THE DANGEROUS TRAFFIC SITUATION POSED BY DRIVERS EXITING THE FACILITIES PARKING GARAGE PURPOSEFULLY GOING THE WRONG WAY DOWN A ONE WAY STREET SO THEY CAN GET ONTO WESTEX STREET AND GET TO MOPAC QUICKER. IT HAPPENS ALL DAY LONG. I'VE BEEN RUN OFF THE ROAD BY A DRIVER LEAVING THE PARKING GARAGE COMING HEAD ON INTO ME. I'VE ALSO BEEN STOPPED BY A CAR LEAVING THE GARAGE AND REFUSING TO BACK UP AND GO THE RIGHT WAY. IT'S A VERY DANGEROUS INTERSECTION THAT ONLY GETS MORE DANGEROUS AS MORE PEOPLE AND PICKLEBALL PLAYERS ENTER THE PICTURE. AND THAT PARKING GARAGE, WE BROUGHT IT TO THE ATTENTION OF THE PROPERTY OWNERS MANY TIMES. AND SO FAR NO ACTION TO SOLVE THE ISSUE. AND I WILL SAY THAT ADDING A LARGE STRICTLY BAR AND COCKTAIL VENUE TO THAT MIX AT THE MOPAC ON RAMP CAN BE A RECIPE FOR DISASTER. ONE, I THINK NONE OF US WANTS ON OUR WATCH IN SOME. I'M OPPOSED TO ANY AGREEMENT WITH AQUILA UNTIL THEY CAN OPERATE THEIR FACILITY WITHIN CITY CODE AND ZONING REGULATIONS LIKE EVERYONE ELSE. AND WITH REGARD FOR HOW THEIR ENTERPRISE IMPACTS A LONG ESTABLISHED NEIGHBORHOOD THEY HAVE CHOSEN TO BORDER, WE LOOK FORWARD TO A SOLUTION THAT TRULY WORKS FOR BOTH THE NEIGHBORHOOD AND ADJACENT BUSINESSES. THANKS SO MUCH FOR YOUR TIME. THANK YOU MR. MILLER. THANK YOU FOR YOUR COMMENTS. OUR NEXT SPEAKER IS RICK PATRICK. RICK, YOU WILL HAVE ONE MINUTE. I THOUGHT I WAS GONNA HAVE TWO MINUTES, SO I'VE GOTTA FIGURE OUT, I HAVE TO TALK REALLY FAST, I GUESS. BUT, UM, LET ME JUST TRY TO HIT THE HIGH POINTS HERE. MY NAME IS RICK PATRICK AND MY WIFE PHYLLIS AND I HAVE LIVED ON FRANCIS AVENUE ONE WALK FROM THE PROJECT FOR 46 YEARS. AND IN 1982, I WAS AMONG THE LEADERS OF OLD WEST AUSTIN NEIGHBORHOOD ASSOCIATION THAT NEGOTIATED WITH THE OWNERS OF THE PROPERTY THAT IS CURRENTLY LAKE AUSTIN COMMONS. AND, UM, WE WERE, WE NEGOTIATED IN GOOD FAITH, UH, EVEN THOUGH WE WERE DIDN'T REALLY WANNA HAVE AN OFFICE BUILDING REPLACE THE SINGLE FAMILY HOUSES, WE RECOGNIZED THAT THAT, UM, THERE, THERE WAS, UH, YOU KNOW, TRADE OFFS TO BE, UH, TO BE GIVEN. AND ONE WAS THAT WE'RE GOING TO HAVE RESIDENTIAL, UH, HOUSING THERE, WHICH IN, IN THE PART THAT IS NOW A PARKING GARAGE. AND, UM, UNFORTUNATELY WHEN IT CAME BEFORE THE CITY COUNCIL, THE APPLICANTS SAID, OH, BUT THERE, THERE'S TRAIN NOISE. THE TRAINS COME BY THERE. AND, UH, AND SO WE CAN'T BUILD RESIDENCES THERE BECAUSE NO ONE WOULD LIVE THERE [01:40:01] WITH THE TRAIN NOISE. WOW. THAT WAS FAST. UH, YEAH, I'M AN AVID PICKLEBALL PLAYER. I PLAY SEVERAL DAYS A WEEK, BUT MY NEIGHBOR SHOULD NOT HAVE TO PUT UP WITH THE NOISE THAT, UH, UH, THEY'VE BEEN EXPERIENCING. PLEASE DO NOT ALLOW THIS PROPOSAL TO GO FORWARD UNLESS THE APPLICANTS AGREE TO ANA'S CONDITIONS. THANK YOU. THANK YOU SO MUCH. THANK YOU FOR YOUR COMMENTS. OUR NEXT SPEAKER IS ANDY MILLER. ANDY, YOU WILL HAVE ONE MINUTE. HELLO COMMISSIONERS. I'M THE ACOUSTICAL CONSULTANT THAT WORKED FOR THE AUSTIN PICKLE RANCH. UM, DO YOU HAVE ANY QUESTIONS ABOUT THE, THE SOUND, UH, STUDY THAT WAS CONDUCTED BY THE PICKLE RANCH? YEAH, UM, WELL, UM, WE HAVE A Q AND A SECTION. OKAY. AND SO IT'S GOOD TO KNOW YOU'RE HERE AND IF ANY OF THE COMMISSIONERS HAVE QUESTIONS YEAH, WE'LL CALL YOU BACK UP. OKAY. WELL, I CAN COMMENT ON, UM, THE SOUND STUDY THAT WAS, THAT WAS, UH, DONE BY THE, THE HOMEOWNERS ASSOCIATION. UM, WE FOUND REALLY GOOD AGREEMENT BETWEEN BOTH SOUND STUDIES AND THE RECOMMENDATIONS THAT WE MADE, WHICH I BELIEVE THE, THE PICKLE RANCH, UH, HAS AGREED TO, UM, ARE, ARE PRETTY CONSISTENT BETWEEN THE TWO, TWO, UH, TWO REPORTS. BUT, UH, HAPPY TO ANSWER A QUESTIONS ON THE, ON THE NOISE IF NEED BE. THANK YOU. THANK YOU. AND OUR NEXT SPEAKER IS DAN KE OR KELAN. DAN, YOU'LL HAVE ONE MINUTE COMMISSIONERS. THANK YOU FOR YOUR ATTENTION. MY NAME'S DAN KELAN, I'M ONE OF THE CO-OWNERS OF THE AUSTIN PICKLE RANCH AND I'M HERE TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE. THANK YOU SIR. CHAIR, THAT CONCLUDES THE SPEAKERS ON THIS ITEM. ALRIGHT, UM, LOOKING FOR A MOTION AND A SECOND TO CLOSE PUBLIC HEARING. MOTION TO CLOSE. ALL RIGHT. SECOND BY COMMISSIONER MAXWELL. UNLESS THERE'S OPPOSITION, THAT MOTION PASSES. YES, JOHNSON JUDGE, POINT OF CLARIFICATION. DOES THE APPLICANT GET A REBUTTAL? I'M SO SORRY. BEFORE, YES, I'M SO SORRY. WE'RE GOING TO REWIND AND MR. SETTLE, YOU'LL HAVE, UH, REBUTTAL TIME. FIRST, I WANNA THANK THE NEIGHBORHOOD FOR WORKING WITH US AND WE'LL CONTINUE TO WORK WITH 'EM. OBVIOUSLY WE'RE DOWN TO SLIGHT DIFFERENCES IN NOISE STUDIES AND SLIGHT DIFFERENCES IN MITIGATION TECHNIQUES. WE SHOULD NOT BE PUTTING LIGHTS IN HOUSES AND WE SHOULD BE ABLE TO FIGURE OUT THIS NOISE DEAL AND WE'D BE ANSWER, HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE ON THIS. THANK YOU. ALRIGHT. APOLOGIES FOR THAT MR. SETTLE. NOW WE WILL, UM, COMMISSIONER MOOSH TO YOU STILL GOOD WITH CLOSING THE PUBLIC HEARING? YES. AND THANK YOU FOR THE POINT OF ORDER SECOND BY COMMISSIONER MAXWELL, UNLESS THERE'S OPPOSITION TO THAT MOTION THAT IS PASSED. OKAY, WE'LL OPEN IT UP FOR QUESTIONS. COMMISSIONER MOOSH TALLER. AND THEN COMMISSIONER JOHNSON GONNA GET THIS FIXED FAST. , WE'VE GOT TWO ENGINEERS, ONE FOR THE PICKLEBALL RANCH RIGHT? AND ONE FOR THE NEIGHBORHOOD. UM, THAT IS CORRECT. HOW FAR? I DON'T KNOW WHICH, WHICH ONE OF THEM ONES TO ADDRESS HOW FAR APART WE ARE. WE HAD ANDY AND BARRY BOTH SPEAK HOW FAR APART WE ARE ON A SOLUTION TO FIX THIS. I MEAN, IT SOUNDS LIKE THERE'S A SOLUTION ON THE TABLE HERE. IS IS BARRY ON AS WELL? I DON'T KNOW, BUT, UH, THERE, THERE WERE, UH, SORT OF TWO STUDIES THAT, UH, THAT WERE CONDUCTED THAT APPROACHED THE, UH, THE PROBLEM IN TWO DIFFERENT WAYS. ONE STUDY ACTUALLY WENT OUT AND MEASURED THE, THE NOISE. UM, AND THE OTHER STUDY WAS ALL BASED ON ASSUMPTIONS AND MODELING. UM, ONE OF THE, THE OPERATING. WHEN, WHEN IT COMES DOWN TO THE ACTUAL SOLUTION, WHAT'S THE DIFFERENCE BETWEEN YES, WE DON'T HAVE AN AGREEMENT TO YET. YEAH. SO IT'S, IT'S ALL PREDICATED, THE SOLUTION IS PREDICATED ON THE, UH, BACKGROUND NOISE OF THE SITE. AND SO THE BACKGROUND NOISE THAT WAS ASSUMED IN ONE STUDY WAS A QUIET NEIGHBORHOOD. AND THE BACKGROUND NOISE THAT WAS USED IN THE OTHER STUDY WAS THE, THE MEASURED NOISE. AND SO, SO, SO BECAUSE OF THAT, THE PROPOSED SOLUTION IS A 10 FOOT TALL WALL IN, UH, IN ONE STUDY AND A SEVEN FOOT TALL, UH, SOUND BARRIER IN, IN THE OTHER STUDY. AND SO THE, THE TALLER WALL WOULD BE TO REDUCE THE NOISE BY THREE ADDITIONAL DECIBELS, WHICH IS LIKE A JUST NOTICEABLE DIFFERENCE. UH, THE, THE OTHER DIFFERENCES WE'RE DOWN TO A THREE FOOT ARGUMENT. YEAH. WE'RE DOWN TO A THREE FOOT ARGUMENT. YEAH. AND, UH, AND, AND ALSO THOUGH, UH, IT'S WORTH NOTING, LET, LEMME STOP YOU RIGHT THERE. YEAH. AND [01:45:01] WE AIN'T EVEN DOWN TO A THREE FOOT AR WE'LL DO 10 FEET. HERE'S THE DIFFERENCE. YEAH. WE, WE SAID WE'D DO 10 FEET ALONG THE NORTH WALL AND THEN WRAP THE WEST INSTEAD OF GOING ALL THE WAY DOWN THE WEST WITH THE 10 FOOT WALL. WE, WE THOUGHT WE'D WRAP THE EAST AND THE WEST BY 10 FEET. AND I THINK NOW I'LL LET THE ENGINEER SAY WHAT THAT DOES, BUT WE'LL DO THE 10. GREAT, THANK YOU BOTH. DID, DID THE UM, OTHER ENGINEER GET BACK ON THE LINE OR NO? IS MR. WIREMAN STILL ON MR. WIREMAN? YES, GO AHEAD. IF YOU, IF YOU DON'T WRAP THE WEST WALL, YOU BASICALLY LEAVE A LINE OF SIGHT TO ALL OF THE HOMES ON PATTERSON AVENUE AND THEY WILL HEAR SOUND THAT IS PROBABLY AS MUCH AS SIX BELS HIGHER THAN THE PEOPLE DEEP IN THE NEIGHBORHOOD ON FRANCIS AVENUE. SO THE ONLY WAY THAT CAN REALLY WORK IS IF THE PICKLE, UH, THE PICKLE RANCH WOULD CUT THE TWO COURTS THAT ARE ON THAT WEST WALL SO THAT THERE IS NOT A DIRECT LINE OF SIGHT. BUT THAT'S, THAT'S THE COMPLICATION OF NOT RUNNING THE, UM, THE CORNER ALL THE WAY BACK TO THE END OF THE WEST WALL. AND I JUST HAVE A, A FOLLOW-UP QUESTION FOR YOU. ON YOUR PRESENTATION, YOU SAID YOU WERE TRYING, YOU SAID IN YOUR MODELING THAT THE GREEN ON YOUR LEGEND HAD A 30 DB, BUT THEN YOU SAID IN YOUR, YOUR GOAL WAS TO GET IT DOWN TO 50 DB. I DIDN'T QUITE UNDERSTAND THE DIFFERENCE IN THAT. NO, IT, THE, THE GREEN, THE GREEN ZONES ARE ANYTHING BELOW 50 DB. OKAY. OKAY. THANK YOU. UM, AND THEN I GUESS MR. SETTLE, WAS THERE A REASON THAT WE AREN'T ABLE TO EXTEND THE SOUND BARRIER ALONG THAT WEST SIDE? YES. ES AESTHETICALLY IT CLOSES IT IN, IT BLOCKS VIEWS TO THE WEST AND IT WAS KIND OF WHEN WE MEASURED THE AMBIENT NOISE ALONG IT, IT, IT, IT'S LOUD ALONG MOPAC. WE JUST DIDN'T THINK IT WAS NECESSARY. SO WE, BUT OKAY. OKAY. ALL RIGHT. THANK YOU VERY MUCH. AND, UH, DO WE HAVE, HAS THE LIGHT INFORMATION BEEN REMEDIED? I GUESS THERE WERE STILL RESIDENTS COMMENTING ON THE LIGHT SOLUTION OR IS THAT IN PROCESS AT THE MOMENT? MR. SETTLE, I THINK THAT'S A QUESTION FOR YOU. I CAN REPEAT. I WAS ASKING IF THE LIGHT SOLUTION HAS BEEN REMEDIED OR IF THAT'S IN REMEDY. THERE WAS SOME COMMENTARY THAT THAT WAS STILL AN ONGOING ISSUE. SO WE KNOW THE ISSUE OF THE LIGHT IS STILL IN PLAY. WHAT WE'VE DONE IS WE'RE OFFERING TO REDUCE, UH, WHAT IS IT, SEVEN, WHAT'S THE KELVIN NOW? 3000? WHAT? IT'S FIVE NOW. RIGHT NOW, AND, AND I'M WAY OUTTA MY DEPTH ON THIS, BUT RIGHT NOW WE'RE AT 5,000 KELVIN AND WE'RE GONNA REDUCE THAT TO THREE AND FULLY SHIELD THE LIGHTS AND WE THINK THAT THAT OUGHT TO GET THE LIGHT OUT OF THE NEIGHBORHOOD. OKAY. SO THEY'RE NOT SHIELDED YET AT THIS POINT. SO WE KNOW THAT THEY'RE PARTIALLY SHIELDED AND, AND, AND WE NEED TO DO A BETTER JOB OF THE SHIELDING. OKAY. GREAT. THANK YOU VERY MUCH. AND, AND BY THE WAY, PICKLEBALL HADN'T BEEN OPERATING SINCE JUNE. OUR BAD. WE KIND OF GOT AHEAD OF OURSELVES ON IT, BUT IT, IT HADN'T BEEN OPERATING SINCE JUNE. THANK YOU MR. JOHNSON. YEAH. A QUESTION FOR STAFF. UH, THIS MIGHT BE IF TRANSPORTATION STAFF IS HERE, IF NOT, UH, MR. TOMKO, UM, JUST LOOKING AT THE SORT OF DRIVEWAY THAT'S BEEN POINTED OUT AS A, AN ISSUE WITH TRAFFIC CONFLICTS, IT LOOKS LIKE EVERYTHING BUT THE ACTUAL OPENING OF THE GARAGE IS WITHIN PUBLIC RIGHT OF WAY. HAS THERE BEEN ANY REQUEST TO THE CITY TO STUDY THIS INTERSECTION? LOOK AT SAFETY. HA HAS THERE BEEN WHAT'S GOING ON IN THE CITY SIDE TO DEAL WITH THE SORT OF ISSUES OF CONFLICT AT THAT POINT OF THE RIGHT OF WAY? YEAH. UM, SO WHEN THE NEIGHBORS BROUGHT THIS TO MY ATTENTION, I REFERRED THEM TO THE TRANS, UH, TBW REVIEWER ON THE CASE. AND SO I I, TO MY UNDERSTANDING, THEY DIDN'T PROVIDE A REMEDY TO THE SITUATION. I THINK THEY, YOU KNOW, WENT OUT TO THE SITE AND LOOKED TO SEE IF THEY HAD SEEN THOSE KINDS OF THINGS. TO ME, I FEEL LIKE YOU MIGHT BE ABLE TO JUST PUT FLEX POSTS THERE TO PREVENT PEOPLE FROM TAKING THAT, UH, A LEGAL RIGHT TURN. BUT, UH, I DIDN'T GET ANYTHING IN WRITING BACK FROM THE TPW REVIEWER IN TERMS OF A COMMITMENT TO THAT. YEP. OKAY. UM, AS FAR AS A RECOMMENDATION, IF Y'ALL WOULD LIKE TO RECOMMEND SOMETHING IN TERMS OF A A A REMEDY LIKE THAT, IT COULD, IT CERTAINLY BE EVALUATED TO SEE IF IT COULD BE WRITTEN INTO AN ORDINANCE OR NOT. OKAY. AND THEN ON THAT SAME KIND OF LINE OF THINKING IN TERMS OF THE SHIELDING AND THE SOUND ATTENUATION, HOW IS THAT SOMETHING THAT WE WOULD, THAT THAT COULD BE INCLUDED IN THE PUD ORDINANCE POTENTIALLY AS SORT OF REQUIRED, UH, OR RECOMMENDED IMPROVEMENTS THAT WE COULD MAKE? SO THE ZONING CODE STATES THAT, UH, REGARDING PUDS AND SUPERIORITY THAT YOU COULD, UM, RECOMMEND, UH, CRITERIA, UH, TO [01:50:01] ACHIEVE SUPERIORITY. UH, AND THAT CAN BE CONSIDERED, UH, BY COUNCIL AS, AS FAR AS PLANNING COMMISSION'S RECOMMENDATION, UM, ANY CRITERIA THAT COUNCIL DEEMS APPROPRIATE. YEAH. UM, BUT OUR LAW DEPARTMENT WOULD NEED TO REVIEW WHATEVER IS RECOMMENDED, OF COURSE, TO SEE IF IT IS SOMETHING THAT CAN BE WRITTEN INTO AN ORDINANCE OR SOMETHING THAT WOULD BE BETTER SUITED FOR A PRIVATE AGREEMENT. SURE. AND THEN ON THOSE SORT OF TOPIC OF USE, ONE OF THE REQUESTS FROM THE APPLICANT WAS TO MODIFY THE PUD, SO THAT OUTDOOR RECREATION, OUTDOOR ENTERTAINMENT, I DON'T REMEMBER THE EXACT NAME OF THE USE IS A PERMITTED USE. I DON'T ACTUALLY SEE THAT ANYWHERE IN THE REDLINED PUD ORDINANCE. IS THAT PERMITTED IN THE BASE CS DISTRICT? YES. SO, UM, STAFF'S RECOMMENDATION WOULD ALLOW ALL USES IN THE COMMERCIAL SERVICES ZONING DISTRICTS, INCLUDING CONDOMINIUM, RESIDENTIAL, MULTI-FAMILY RESIDENTIAL, TOWNHOUSE RESIDENTIAL, AND A COCKTAIL LOUNGE WITH A MAXIMUM SQUARE FOOTAGE OF 10,000 SQUARE FEET. UM, IN TERMS OF THE OUTDOOR SPORTS AND RECREATION, THAT IS A PROHIBITED USE THAT IS REDLINED IN THAT IT SHOULD BE. AND SO THAT, YOU KNOW, IS NOW IF THIS REQUEST WAS GRANTED WOULD BE ALLOWED. OKAY. SO JUST TO CLARIFY, IF THE STAFF RECOMMENDATION WERE GRANTED IT WOULD ENABLE THIS OUTDOOR RECREATION USE AS A PERMITTED USE, CORRECT. UM, LEMME GO TO THAT PAGE IN THE STAFF REPORT. SURE. JUST 'CAUSE I WANNA KEEP MYSELF HONEST. SURE. UM, SO YEAH, IT'S UNDER THE AMENDED PER, UH, PERMITTED USES OF THE CS. OKAY. THANK YOU. UM, I JUST QUESTION FOUR, UH, THE SOUND ENGINEER IN THE ROOM, I, I'M SORRY I FORGET YOUR NAME. ANDY, I BELIEVE ANDY, UM, YOU PERFORMED THE SOUND STUDY THAT ACTUALLY MEASURED THE AMBIENT NOISE NEARBY. IS THAT CORRECT? UM, WOULD YOU JUST SPEAK TO YEAH, THAT'S CORRECT. WHAT IS, WHAT WAS THE AMBIENT NOISE LEVEL OF THE NEIGHBORHOOD? UH, AT LEAST WHERE, WHERE MEASURED AND WHERE DID YOU MEASURE THAT? YEAH, SO AMBIENT NOISE AT ANY SITE VARIES SURE. THROUGHOUT THE DAY. AND SO WE ACTUALLY, IN ORDER TO MEASURE THE NOISE, UH, AND ACCURATELY MEASURE THE PICKLEBALL, WE GOT ON THE ROOF OF ONE OF THE BUSINESSES THAT IS ALONG SIXTH STREET. OKAY. AND WE MOUNTED OUR MEASUREMENT EQUIPMENT AT THE, AT THE PEAK OF THE ROOF TO GET THE MOST ACCURATE MEASUREMENT SO THAT WE WEREN'T BEING SHIELDED FROM THE PICKLEBALL NOISE FROM THE PARKING GARAGE. SURE. EXCUSE ME. AND SO THE, THE NOISE LEVELS THAT WE MEASURED, UH, DURING THE HOURS OF OPERATION OF THE AUSTIN PICKLE RANCH WERE BETWEEN ABOUT 64, UH, TO, TO 67 DECIBELS, UH, ON AVERAGE, UH, IN THE REPORT FROM, UH, BARRY, THE OTHER ACOUSTICAL ENGINEER, UM, THEIR ADVICE WAS THAT, UH, THE, UM, THE TARGET CRITERIA BE SET FOR JUST MM-HMM. THREE DECIBELS ABOVE THE AVERAGE AMBIENT NOISE SURE. FOR, FOR MAXIMUM NOISE FROM PICKLEBALL. AND SO BY THOSE STANDARDS, UM, THE, THE MAX NOISE FROM PICKLEBALL WOULD BE SET AT LIKE 70 DBA, UM, WHICH IS, IS TOO HIGH. SURE. AND ONE THING THAT WE RECOGNIZE IS THAT IN ORDER FOR THE THE NEIGHBORS TO BE HAPPY, THAT NOISE REALLY NEEDS TO BE AT AN INAUDIBLE LEVEL. AND SO, UM, SO TO GET TO AN INAUDIBLE LEVEL, IT NEEDS TO BE ABOUT 10 DECIBELS BELOW THE AVERAGE AMBIENT. SO THAT PUTS US AT ABOUT 55 DBA. OKAY. AND THE PROPOSED WALL WOULD ACCOMPLISH THAT 10 DECIBEL REDUCTION. RIGHT. OKAY. THANK YOU. THANK YOU. SEE COMMISSIONER WOODS AND THEN VICE CHAIR. THANK YOU. I HAVE A QUESTION FOR MR. SUBTLE, JUST SO THAT WE CAN KIND OF START TO CONSIDER WHAT CRITERIA WE MIGHT BE RECOMMENDING OTHER THAN THE BARRIER AND THE LIGHT SHIELDING. ARE THERE OTHER SPECIFIC MEASURES THAT ARE BEING PROPOSED TO MITIGATE THE NOISE AND LIGHT POLLUTION CONCERNS FROM THE NEIGHBORHOOD? AMANDA, I GOTTA CHECK. I THINK THAT'S IT, BUT I WANNA MAKE SURE NOISE AND LIGHT. WE CAN ALSO PRODUCE THE HOURS NOISE, LIGHT REDUCTION IN HOURS TO, UH, EIGHT, EIGHT TO 10. AND, UM, THOSE, THAT'S BASICALLY IT FOR THE LIGHTS AND THE NOISE, RIGHT? YEAH, IT'S IN, PARDON ME? NO PA NO PA SYSTEMS. OKAY. THANK YOU. AND I'M GONNA GIVE ANA A CHANCE TO RESPOND TO THIS, BUT WHILE I HAVE YOU UP HERE, CAN YOU SPEAK TO THE, ANY OTHER COMMUNITY BENEFITS OR SUPERIORITY ELEMENTS THAT Y'ALL ARE PROPOSING OR OFFERING IN EXCHANGE FOR THESE INCREASE ENTITLEMENTS? YES, BUT OF COURSE, I BROUGHT THE WRONG PADS OF PAPER UP HERE. LOOKS LIKE YOU HAVE IT COMING UP TO YOU. ADMITTEDLY IT'S A LITTLE LIGHT, BUT, UM, [01:55:02] WELL, WE'RE, WE'RE, UH, WE'RE, WE'RE BRINGING DOWN THE LIGHT POLLUTION THAT CURRENTLY EXISTS. IT'S, IT'S A TECHNICAL TERM, BUT NEW BUILDING ELEMENTS WILL COMPLY WITH THE 2022 A EBG COMMERCIAL GUIDELINES FOR T SEVEN LIGHT POLLUTION. THE NEW FACADES ABOVE THE HEIGHT, THE EXISTING BUILDING WILL ACHIEVE AN AVERAGE BIRD STRIKE THREAT FACTOR OF 30 OR LESS ACROSS EACH NEW FACADE AS DEFINED BY THE AMERICAN BIRD CONSERVANCY BIRTH THREAT MATERIAL DATED OCTOBER, 2011. AND THE PUD WILL PROVIDE WATER QUALITY CONTROLS IN EFFECT AT THE TIME, AT THE CURRENT TIME OF SITE PLAN SUBMITTAL CURRENTLY SUBJECT TO RULES IN EFFECT IN 2006, WHICH WAS WPO. OKAY. THANK YOU. AND SO, AND WE'VE ALSO AGREED WITH THE NEIGHBORHOOD THAT IF THE AFFORDABLE HOUSING COMPONENT IS, UM, 10% AT 80% MFI, UH, OF IF THERE'S RESIDENTIAL ON THERE. THANK YOU MR. SETTLE. AND, UM, I HAVE A QUESTION FOR ANA. I DON'T KNOW, MAYBE DONNA WOULD LIKE TO RESPOND TO THIS. SO OTHER THAN OF COURSE, YOUR CONCERNS THAT THIS BUSINESS WAS OPERATING WITHOUT THE CORRECT ZONING, IS THERE ANYTHING OTHER THAN EXTENDING THAT BARRIER ALONG THE WESTERN EDGE OF THE ROOF THAT THE NEIGHBORHOOD IS REQUESTING IN TERMS OF LIGHT AND SOUND MITIGATION THAT THE LANDOWNER IS NOT CURRENTLY MEETING? UH, YES. I WANNA SPEAK TO THE NOISE. THE DB LEVELS. SURE. UH, THE VARY OVER THE DAY ON A SUNDAY MORNING, THEY'RE LOW FORTIES, IT'S QUIET UP THERE. AND OUR CONSULTANT, UH, HE DESIGNS FOR THE WORST CASE SCENARIO. YOU'RE OUT THERE IF YOU'RE WANTING QUIET ON A SUNDAY MORNING AND THERE'S, YOU KNOW, PICKLEBALL GOING ON AT 8:00 AM YOU NEED TO DESIGN FOR THAT QUIET. SO THAT IS OUR DIFFERENCE, I THINK OUR BIG DIFFERENCE IN, IN THE SOUND LEVEL. UM, THE OTHER THINGS THAT WE ARE INTERESTED IN ABOUT PICKLEBALL, WELL, THE LIGHTING WE'RE CONCERNED, YOU KNOW, ABOUT THE SAFETY IN THE PARKING GARAGE. UM, WE'RE CONCERNED ABOUT, UM, REGARD. I MEAN, THERE ARE OTHER THINGS OTHER THAN PICKLEBALL. WE JUST SPENT SO MUCH TIME ON PICKLEBALL, BUT WE'RE WE'RE CONCERNED ABOUT THE SIZE AND LOCATION OF THE COCKTAIL LOUNGE. THAT'S SOMETHING I THINK WE CAN WORK ON. UM, WE'RE ALSO CONCERNED ABOUT, UM, WE WOULD LIKE WRITTEN INTO, UM, OUR RESTRICTIVE COVENANT THAT PICKLEBALL WILL NOT RETURN UNTIL ALL THE CODES AND ZONING UNTIL THERE'S A CO THAT THERE SHOULD BE NO, OH, WE'RE ALMOST THERE. WE WANT IT DONE BEFORE THEY GET BACK BECAUSE WE HAVE NOT BEEN ABLE TO BE TRUSTING OF THEIR WORD. SURE. SO THAT'S ONE THING WE WOULD REALLY PREFER IS THE RESTRICTIVE COVENANT BEING CONTEMPLATED. WE'VE GOT ONE WE'VE BEEN WORKING ON. YEAH. AND IT'S, IT'S, WE'VE BEEN WORKING GREAT WITH AMANDA. WE'RE WORKING TOWARDS IT. WE'RE CLOSE, BUT WE'RE NOT THERE YET. OKAY. WE WOULD LIKE TO GET THERE AND I THINK THEY WOULD TOO. UNDERSTOOD. THANKS DON. I THINK THOSE ARE ALL MY QUESTIONS. OKAY. THANK YOU. UM, VICE CHAIR. THANK YOU CHAIR. I HAVE SOME QUESTIONS FOR STAFF. UM, THANK YOU MR. TOMKO. UM, BUNCH OF PROCEDURAL QUESTIONS. LET, TRY TO UNDERSTAND. SO I, I THINK THERE SEEMS TO BE SOME CONVERSATION ABOUT THE SOUND BARRIER. IS THAT SOMETHING THAT WE CAN ADD WITHIN THE BUD ORDINANCE OR IS THAT SOMETHING THAT HAS TO HAPPEN THROUGH A RESTRICTIVE GOVERNANCE? IT'S SOMETHING THAT LAW CAN CONSIDER, UH, PUTTING INTO THE PUT ORDINANCE. UH, AND IF IT CAN'T BE, THEN WE WOULD NEED TO DO IT THROUGH A PRIVATE RESTRICTED COVENANT. I THINK THE INFORMATION WE WOULD NEED TO HAVE IS WHERE THE WALL NEEDS TO BE AND THE HEIGHT OF THE WALL. SO AS SPECIFIC AS POSSIBLE FOR LAW TO CONSIDER, WHETHER IT CAN BE WRITTEN INTO THERE. I APPRECIATE THAT. THE OTHER QUESTION WAS, I KNOW WE HAD A, A CONVERSATION, A COMMENT EARLIER TO ASK IF WE COULD ASK FOR A TRANSPORTATION STUDY, UM, FOR SORT OF THAT INTERSECTION. I GUESS I'M TRYING TO UNDERSTAND IS THAT IN TRANSPORTATION STUDY OF THE APPLICANT, WOULD IT BE OF THE CITY SINCE THE CITY RIGHT OF WAY? SO THERE ALREADY IS SOME CONDITIONS, UH, IN THE, UM, IN THE BACKUP IN TERMS OF, WELL ACTUALLY IT'S IN THE TIA, UH, SO THE TRANSPORTATION REVIEWER DID DEEM THAT THE, UM, THE SITE DID NOT REQUIRE A TRANSPORTATION IMPACT. THE TRAFFIC GENERATED BY THE PROPOSAL DOES NOT EXCEED THE THRESHOLD ESTABLISHED IN THE LAND DEVELOPMENT CODE. UM, SO THAT, THAT'S ALREADY BEEN THEIR KIND OF REVIEW AT THIS POINT IN TIME. UM, IF THERE WAS ANYTHING, UH, GREATER, IT'S NOT CURRENTLY REQUIRED BY CODE, SO IT WOULD BE SOMETHING THAT Y'ALL WOULD BE, AGAIN, PUTTING IN THERE TO SEE IF IT COULD BE PUT INTO, UH, INTO THE PUT, UM, VERSUS [02:00:01] NEEDING TO BE IN A PRIVATE RESTRICTED COVENANT. I APPRECIATE THAT. UM, AND THEN I DID HAVE A QUESTION ON THE AFFORDABLE HOUSING. SO, AND I SAW THIS IN THE BACK OF, AND MR. SUBTLE JUST MENTIONED AS WELL, IF THERE WERE TO DO HOUSING, IT'S AT 80% M FFI. IS, IS THERE LIABILITY FOR US TO SET A DIFFERENT THRESHOLD OR DOES IT HAVE TO BE AT THAT 80% MFI? YES, BUT I, I WANNA BE CANDID, UH, UH, IN THE APPLICATION, THE COVER LETTER, ANYTHING BEFORE THIS EVENING, UH, UH, NOTHING I'VE REVIEWED HAS MENTIONED AFFORDABLE HOUSING. SO THIS IS THE FIRST THAT, UH, I'M HEARING OF THAT, UH, STAFF DID NOT CONSIDER THAT IN THEIR PROPOSAL AND THUS THAT'S WHY IT'S NOT IN THE STAFF REPORT. BUT, UH, YOU COULD CERTAINLY SET A THRESHOLD IF YOU WOULD LIKE TO, UH, FOR THE PUN. SURE. SO IF WE WANTED, WE COULD SET A DIFFERENT THRESHOLD IF NECESSARY. OKAY. UM, THANK YOU. THOSE ARE ALL MY QUESTIONS. IF YOU, MR. SATELLITE, I SUPPOSE I'LL ASK THAT AFFORDABILITY QUESTION A FEW. AND IT SEEMS LIKE OF COURSE, ONE, WE'RE NOT TALKING ABOUT A RESIDENTIAL DEVELOPMENT AT THIS TIME. IT WILL BE, IF IN THE FUTURE, UM, WOULD, WOULD YOU, I DON'T KNOW IF YOU CAN ANSWER THIS RIGHT NOW, BUT WOULD YOUR CLIENT BE OPEN TO GOING TO 60% MFI INSTEAD OF THE 80% MFI? LET ME GIVE YOU THE WISHY WASH ANSWER. SURE. IT'S YOUR PREROGATIVE . OKAY. I APPRECIATE THAT. UM, AND THEN THE OTHER QUESTION WAS, UM, IN, IN RELATION TO THE, UH, THE SORT OF THE SOUND BARRIER THAT WE'RE TALKING ABOUT. IT SOUNDS LIKE YOU ALL ARE OPEN TO THE 10 FEET WITH THE 10 FEET ON THE 10 FEET HIGH WALL ON THE NORTH SIDE WITH 10 FEET HEIGHT AND LENT ON THE WEST SIDE AND ON THE EAST SIDE. YES. LIKE WING WALLS. YEP. YES, WE WOULD DO THAT. AND, AND I, AND, UM, I, I GUESS THAT WE HAVE THE SOUND ENGINEER AS WELL, IF YOU CAN COME AND SPEAK TO THAT. SO IF WE HAVE THOSE WINGS, THEY WOULD ALLOW THE KIND OF SOUND SHIELDING THAT WE'RE TALKING ABOUT. YES. SO IF YOU RECALL, UH, BARRY'S COMMENT THAT HAS TO CUT OFF LINE OF SIGHT TO THE HOME, THAT THAT WOULD BE THE GOAL. SO IT'S, IT'S REALLY JUST LOOKING AT THE GEOMETRY OF THAT AND DRAWING A STRAIGHT LINE AND THAT'S WHERE THE WALL WOULD, WOULD END. I APPRECIATE THAT. UM, AND SINCE WE, I HAVE A LITTLE BIT MORE TIME, I GUESS I'LL ASK A QUESTION. THIS LIKELY WOULD BE STAFF. CAN YOU PLEASE EXPLAIN TO ME WHAT THE LIGHT ELEMENTS ARE THAT WE HAVE IN THE STAFF RECOMMENDATION, THE 2022 A GB COMMERCIAL GUIDELINES FOR SD SEVEN LIGHT POLLUTION? I, I GUESS EVEN QUALITATIVELY, I DON'T KNOW IF YOU CAN, YOU, I'M ASSUMING YOU CANNOT RECALL OFF THE TOP OF YOUR HEAD. PERFECT. UH, IF WE CAN JUST SPEAK TO WHAT THEY ADDRESS SOME OF THOSE LIGHTING ISSUES THAT WE'RE, WE'RE HEARING ABOUT. HI, LESLIE LILY WATERSHED PROTECTION. UM, THE AUSTIN ENERGY GREEN BUILDING, UH, LIGHT POLLUTION REDUCTION CRITERIA PROVIDES SEVERAL DIFFERENT WAYS IN WHICH YOU CAN MEET THE CRITERIA, INCLUDING SHIELDED LIGHTS, THE TEMPERATURE OF LIGHTS, THE, YOU KNOW, EXTENT OF LIGHTING DEPENDING ON, YOU KNOW, WHERE YOU ARE IN, UH, LIKE A HEAVILY DEVELOPED AREA. SO THERE ARE SEVERAL WAYS THAT YOU CAN ACHIEVE THE, UH, THE CREDIT FOR THAT CRITERIA. UM, BUT YOU DO HAVE TO SUBMIT A PLAN THAT DOES, THAT DOES GET REVIEWED. AND THOSE DIFFERENT CRITERIA ARE BASED ON A NUMBER OF DIFFERENT DARK SKY, UH, CRITERIA AND A LOT OF DIFFERENT, UM, INFORMATION THAT GOES INTO THAT. I APPRECIATE IT. THANK YOU MS. LILY. THANK YOU, CHAIR. THANK YOU. OTHER QUESTIONS? COMMISSIONER SKIDMORE. AND THEN COMMISSIONER MAXWELL. I GUESS I HAD A QUESTION FOR STAFF AROUND THE, UH, COCKTAIL LOUNGE USE AND OF, I MEAN, I, I LIVE IN THE NEIGHBORHOOD AND I REMEMBER THE PREVIOUS TENANT ON THE FIRST FLOOR, THIRD BASE, WHICH WAS THAT NOT A COCKTAIL LOUNGE USE. UH, IT WAS COVER THREE, I BELIEVE, AND IT WAS LIKE A RESTAURANT, UH, SPORTS BAR. IT DEPENDS ON THE, THE PERCENTAGE OF SALES BY ALCOHOL OR FOOD. UM, BUT THE SQUARE FOOTAGE THAT WAS LOOKED AT AND WHEN STAFF DECIDED TO COME UP WITH A, UH, THE 10,000 LIMIT, I THINK THE OLD FACILITY WAS AROUND 5,000 SQUARE FEET. SO THAT WOULD ALLOW NO MORE THAN DOUBLE THAT AREA. OKAY. THANK YOU. AND THEN, UH, IT SOUNDS LIKE WE'VE KIND OF TALKED QUITE A BIT ABOUT THE NOISE AND THE LIGHTING OF, MAYBE THIS IS A QUESTION FOR MR. SU, THE APPLICANT ABOUT TRANSPORTATION. UH, AND, AND, YOU KNOW, APOLOGIES IN ADVANCE, LITERALLY PATTERSON STREET IS THE WAY THAT I GET FROM CLARKSVILLE TO DOWNTOWN. SO I CROSS THIS INTERSECTION ALL THE TIME AND I'M REALLY, UH, ACUTELY AWARE OF HOW BAD THAT GEOMETRY IS WITH THAT ENTRANCE TO THE, TO THE PARKING GARAGE WHEN THAT WAS BUILT. I DON'T KNOW HOW MANY YEARS AGO THE GARAGE WAS BUILT OF, BUT IT, I'M CONCERNED THAT IF WE'RE TALKING ABOUT ALLOWING MORE INTENSE USE THERE, THAT WE DON'T REALLY HAVE A PLAN TO OF MITIGATE SOME OF THE EXISTING HAZARDS THAT EXIST. IT'S NOT JUST TO PICKLEBALL PEOPLE, BUT PROBABLY ONE IN 10 CARS TURNS RIGHT. COMING OUT OF THERE. AND AS I UNDERSTAND IT, YOU'RE NOT SUPPOSED TO. AND, AND THE FIRST TIME [02:05:01] TONIGHT I HEARD ABOUT THE, THE STRIPS. IF THERE IS SOMETHING WE CAN DO WITH A TRANSPORTATION DEPARTMENT, WE'LL DO IT. WE DON'T WANT PEOPLE TURNING RIGHT OUTTA THERE EITHER. WE JUST DON'T KNOW WHAT THAT SOLUTION WOULD BE. I DON'T KNOW IF IT'S A NEW REDESIGNED PORK CHOP OR STRIPS OR STICKS OR SOMETHING, BUT I MEAN, WE'RE, WE'RE OPEN. WE JUST DON'T HAVE THE SOLUTION YET. OKAY. BECAUSE WE DON'T WANT PEOPLE TURNING RIGHT EITHER. RIGHT. AND I, I THINK THERE IS A GEOMETRIC SOLUTION AND I WILL TRY TO KEEP MY ENGINEER HAT OFF AND NOT SHOPPING IT RIGHT NOW, BUT I, I DO THINK IT WOULD BE REALLY IMPORTANT FOR THE APPLICANT TO WORK WITH STAFF AND A TD TO, UH, TO FIX THAT. I MEAN, I SUSPECT THAT WAS ALL BUILT WHEN MOPAC WAS BUILT IN THE EARLY SEVENTIES. MM-HMM. AND, UH, YOU KNOW, THEY WERE JUST MAKING IT EASY FOR CARS AND NOT THINKING ABOUT ANYBODY ELSE. SO SOMETHING DIFFERENT THERE WOULD BE GOOD. OUR COMMITMENT IS TO, TO DO THAT EXACT THING, WORK WITH TPW AND TRY TO GET THAT FIXED. THANK YOU. THAT'S ALL I HAVE, MR. MAXWELL. UM, YEAH, AND I'M GONNA GO AHEAD AND IT LOOKS LIKE OUR, THE NEIGHBORHOOD ASSOCIATION HAS SOME THOUGHTS ON THIS. IF YOU ALL WANT, IF YOU WANNA COME ON UP AND TALK TO US ABOUT, UM, THAT WOULD BE GREAT. 'CAUSE I HAVE SOME FOLLOW UP QUESTIONS RELATED TO TRANSPORTATION. SO LOVE TO HEAR YOUR THOUGHTS ON THIS. WELL, YEAH, WE WOULD LOVE THE TRANSPORTATION TO BE FIXED. I WANNA GO BACK TO, UH, THE WALL LENGTH. THAT'S A REAL BIG ISSUE. THAT'S A DEAL BREAKER FOR US. AND ALSO THE, UH, HEIGHT IS FOR AFFORDABLE HOUSING. IF THERE IS NO HOUSING, WE'RE NOT SO KEEN ON THE HEIGHT BECAUSE IT'S, THERE'S NO DEFINITION. THEY'VE, THEY'RE, THEY'RE PROPOSING AFFORDABLE HOUSING, BUT WE'VE BEEN TOLD THAT'S 20 YEARS DOWN THE ROAD. AND SO, YOU KNOW, LET'S NOT GIVE AWAY THE FARM HERE. UM, WITHOUT CLARIFICATION AS TO WHAT'S GONNA HAPPEN ON THAT, IN THAT SPACE, UM, THAT, YOU KNOW, THERE, THERE ARE MORE THINGS THAT NEED TO BE WORKED OUT, BUT I THINK WE'RE WELL ON OUR WAY. GREAT. I APPRECIATE THOSE COMMENTS. OKAY, THANK YOU. AND I HAVE A QUESTION FOR STAFF ACTUALLY RELATED TO THE AFFORDABLE HOUSING. UH, AND I GUESS MR. TONKO, IF YOU COULD SPEAK TO THAT BECAUSE OBVIOUSLY WE KNOW THAT SOMETIMES WE GET SEVERAL PUT AMENDMENTS ALL AT ONCE AND IT SOUNDS LIKE THAT'S A LITTLE BIT WHAT'S HAPPENING HERE SO THAT IF HOUSING WAS GOING TO COME THROUGH IN THE FUTURE, THAT THAT WOULD SORT OF BE MORE PERMISSIBLE THAN IT IS NOW. IS THAT SORT OF HOW YOU ALL ARE UNDERSTANDING THIS? YES. UH, THAT WAS ONE OF THE REASONS WHY STAFF RECOMMENDED, UH, THAT EXPANSION OF THE USES ON THE SITE. AND, AND I GUESS SPEAKING TO THE QUESTION, HOW WOULD WE ACTUALLY MEASURE THE AFFORDABILITY? UM, SORT OF WHAT WOULD BE THE GUARDRAILS AROUND THAT? OR IS THAT, BECAUSE OBVIOUSLY IT'S NOT A DENSITY BONUS PROGRAM OR ANYTHING ELSE BECAUSE THIS ISN'T A PUD? THAT IS A GOOD QUESTION. . UM, I THINK THAT WOULD BE SOMETHING THAT YOU COULD PROPOSE AND LOCK AND SEE IF THEY CAN WRITE IT INTO THE ORDINANCE. AND IF IT NEEDS TO BE REVISED BEFORE COUNSEL, IT COULD CERTAINLY BE REVISED TO BE TWEAKED. UM, BUT AT THIS POINT YOU'RE INCREASING THE, BOTH THE FLORIDA AREA RATIO AND THE HEIGHT OF THE BUILDING. SO THERE IS A DELTA THERE, UH, TO WORK WITH. SO IT CAN BE WITHIN THE BONUS IF THEY JUST OPT INTO ADDITIONAL HEIGHT, UM, LIKE A DENSITY BONUS OR IT COULD BE WRITTEN INTO SOMETHING THAT, UH, THEY'RE VOLUNTARILY PROVIDING. AND, AND I GUESS THAT'S JUST TO MORE GENERALLY WHEN WE LOOK AT PUDS, WE OBVIOUSLY ARE USUALLY TALKING ABOUT THIS IN TERMS OF COMMUNITY BENEFITS AND SUPERIORITY. SO THIS IS SORT OF WHERE WE END UP ON THE AFFORDABLE HOUSING OFTEN. IS IT BEING A NEGOTIATION AND I GUESS IF WE APPROVE THE AMENDMENT THAT SORT OF TRUNCATES THAT OR WE WOULD EXPECT STILL THAT WE MIGHT BE ABLE TO COME BACK AND HAVE A CONVERSATION ABOUT THAT WHEN THEY ARE READY TO MOVE FORWARD WITH HOUSING. HOW WOULD YOU VIEW THAT PART OF THE CHANGES? I MEAN, YOU COULD, YOU COULD WRITE IT MORE OPEN-ENDED FOR DISCUSSION AT A LATER DATE, BUT THAT DOES LEAVE IT OPEN TO BE OPEN-ENDED SINCE THE TIME HORIZON IS SO FAR IN THE FUTURE IN TERMS OF THE ANTICIPATION. UM, IT MAY BE TO YOUR BENEFIT TO WRITE IT A LITTLE BIT MORE OPEN-ENDED FOR THAT DISCUSSION TO BE HAD AT THAT TIME. GREAT. THANK YOU MR. TOMKO. AND FINALLY A FEW QUESTIONS FOR, UH, THE APPLICANT. MR. SO, AND I GUESS IF YOU WANTED TO SPEAK TO THE AFFORDABLE HOUSING AND SORT OF HOW THAT MIGHT WORK. FIRST QUESTION AND THE SECOND QUESTION RELATED TO SOME OF THESE, UM, I KNOW THAT THAT, UM, ENTRY BASICALLY WE'D SAY AN ENTRYWAY INTO MOPAC IS ALSO PRETTY UNSAFE FOR PEDESTRIANS. IT DOESN'T HAVE GREAT ACCESS FOR NON-CAR USERS. IS THAT SOMETHING YOU ALL WOULD CONSIDER LOOKING AT AS WELL IN TERMS OF SAFETY? YES. OKAY, GREAT. THAT ANSWERS THAT QUESTION. SO THEN IF YOU'D LIKE TO SPEAK TO THE AFFORDABLE HOUSING, AFFORDABLE HOUSING, UM, YOU KNOW, WE'RE ALL LEARNING ABOUT AFFORDABLE HOUSING AS WE GO. ONE THING I'VE THOUGHT ABOUT IS IF, IF YOU WANTED TO, YOU WANT TO KEEP FLEXIBILITY BECAUSE EITHER ON ONSITE OR V LOU OR SOMETHING ELSE, BUT, BUT WHAT WE FOUND, SO LET'S JUST SAY IN THE SOUTH CENTRAL WATERFRONT, EVERYBODY THREW UP THEIR HANDS AND SAID, WELL, WE HAVE ONE THAT WORKS AND YOU TOOK ONE FROM ANOTHER AREA OF TOWN AND YOU PLUGGED IT IN. ONE WAY YOU COULD DO IT ON THIS ONE IS TO TAKE SOMETHING THAT YOU KNOW YOU'RE COMFORTABLE WITH AND PLUG IT INTO THIS ONE AND THAT WOULD BE YOUR PREROGATIVE. I MEAN, WE'RE THE ONES ASKING FOR EXTRA STUFF AND YOU COULD SAY YOU WANT 10% AT 60, UM, AT THE TIME OF SITE PLAN [02:10:01] FOR THE 40 YEARS PURSUANT TO, AND THEN WHATEVER PROGRAM WE HAVE IN PLACE RIGHT NOW. GREAT. THANK YOU SIR. UH, ALRIGHT, COMMISSIONERS, WE HAVE TWO MORE SPOTS FOR QUESTIONS. OTHERWISE I'M LOOKING FOR, OH, COMMISSIONER BARRERA RAMIREZ. NO LOOKING FOR A MOTION THEN. COMMISSIONER DUN, I'LL MOVE THE STAFF RECOMMENDATION. IS THERE A SECOND ON THAT? I WILL SECOND , WOULD YOU LIKE TO SPEAK TO YOUR MOTION? SURE. UM, I SUSPECT THERE WILL BE SOME AMENDMENTS TO THIS, BUT I THINK REALLY WHAT WE'RE LOOKING AT IS DO THE REQUESTED CHANGES TO THE PUD MAKE SENSE IN THIS LOCATION? ARE THEY APPROPRIATE? I THINK THAT GIVEN ITS PROXIMITY TO DOWNTOWN, UH, HIGHWAY OF RAILROAD, I DON'T SEE ANY ISSUE WITH ALLOWING GREATER HEIGHT ON THIS SITE. I DON'T SEE ANY ISSUE WITH ALLOWING MORE USES ON THIS SITE. UM, I THINK THAT WHETHER IT'S FIVE OR 20 OR A HUNDRED YEARS FROM NOW, YOU KNOW, SOMETHING OTHER THAN JUST A A PARKING GARAGE WITH A FEW GROUND FLOOR RETAIL SPOTS WOULD BE A BETTER USE OF THIS PROPERTY. AND SO I THINK THIS TAKES US IN THE RIGHT DIRECTION. IT SPEAKING AGAINST MS SPEAKING FOUR VICE CHAIR, CHAIR, I WOULD LIKE TO AMENDMENT OR AMENDMENTS AND I'M TRYING TO THINK IF IT MAKES SENSE TO DO THEM ALL IN ONE GO. LIKELY NOT BECAUSE THEY'RE NOT PARTICULARLY GERMANE TO EACH OTHER. UM, SO I'LL START AT LEAST WITH ONE AND TAKE IT FROM THERE. SO, AND JUST TO CLARIFY, WE ARE TALKING ABOUT STAFF RECOMMENDATION FULLY, INCLUDING THE LIGHT REQUIREMENTS. OKAY. GOT IT. PERFECT. THAT'S, THANK YOU FOR THAT CLARIFICATION. UM, THE OTHER THING I WOULD LIKE TO SAY IS THAT FOR THE AFFORDABLE HOUSING, I WOULD LIKE TO PUT IT IN TO SAY THAT IT SHOULD BE, UH, 60% MFI INSTEAD OF 80% MFI, IT CAN BE ONSITE, OFFSITE OR AN AN EQUIVALENT FEE DECIDED AT THE TIME OF SITE PLAN. UM, I'LL STOP THERE. I'LL LET ME DO ONE BY ONE SO I DON'T CONFUSE BOOKS. UH, I SEE A SECOND. COMMISSIONER MOALA. ALRIGHT. WOULD YOU LIKE TO SPEAK TO THAT? SURE. I, I THINK JUST FOR THE FACT, AGAIN, I THINK THE UNDERSTANDING HERE IS THE APPLICANT, THANK YOU TO THE APPLICANT FOR BEING OPEN TO THAT. AND I KNOW THAT THEY'RE NOT SAYING THAT THEY'RE GONNA DO HOUSING RIGHT NOW, AND THERE MIGHT BE CONSIDERATIONS IN THE FUTURE. I WOULD JUST LIKE HATE TO MOVE A PUT FORWARD WHERE WE HAVE THAT ABILITY IF WE ARE INCREASING HEIGHT TO LEAVE IT AT 80% MFI BECAUSE TRULY THAT DOES BECOME AN ISSUE, DEPENDS SO MUCH ON THE MARKET AT THAT MOMENT IN TIME, BUT SOMETIMES 80% IN CERTAIN PARTS OF OUR CITY CAN BE EQUIVALENT TO MARKET RATES. SO IT WOULD BE GREAT TO DO THAT 60%, PARTICULARLY IN THIS PART OF THE, IF OF THE CITY, 60% ACTUALLY WOULD BE, UH, SIGNIFICANTLY AFFORDABLE IF YOU LOOK AT THE, UH, ZIP CODE THAT IT'S IN. AND SO ALL THAT SAID, I FEEL LIKE THIS IS JUST ABOUT SORT OF SECURING SOMETHING FOR THE FUTURE AND THE FEE ALLOWS IT, IF THERE IS A COMMERCIAL DEVELOPMENT IN THE FUTURE, THEY CAN DO THAT. WE DON'T HAVE THOSE DETAILS. SO THERE'S FLEXIBILITY BUILT IN, BUT WE'RE NOT FOREGOING OUR OPPORTUNITY TO EITHER HAVE AFFORDABLE HOUSING ON SITE OFFSITE, UM, OR HAVE AN EQUIVALENT FEE THAT WE COULD ESSENTIALLY USE UTILIZE FOR OTHER PURPOSES. UM, CHAIR CLARIFYING QUESTION FOR THE MOTION MAKER. YES. UM, IS YOUR AMENDMENT TO SIMPLY REQUIRE THAT ANY HOUSING ON THE SITE BE AFFORDABLE AT 60% MFI OR 10% BE AFFORDABLE AT MFI? OR IS THIS A, A BONUS FOR ADDITIONAL HEIGHT? SO THIS WOULD BE BASED ON ESSENTIALLY THE, UH, THE WAY IT WOULD BE FOR A PUT ORDINANCE. AND I HONESTLY, I'M TRYING TO REMEMBER. I THINK IT MIGHT BE BY EX EXCESS SQUARE FOOTAGE AS OPPOSED TO A STAFF WILL HAVE TO CORRECT ME, BUT IT, BUT, BUT YOU ARE PROPOSING A BONUS, NOT THAT IN ORDER TO ALLOW ESSENTIALLY NO RESIDENTIAL USES, ESSENTIALLY IT WOULD ESSENTIALLY BE SAYING WHATEVER OUR CURRENT GUIDELINES ARE FOR BUD, IT WOULD BE THAT JUST INSTEAD OF BEING HAVING THE ABILITY TO DO 10% OR 80% FILE, YOU WOULD HAVE TO DO 10%, 60% AND THE WOULD BE EQUIVALENT TO THAT AS WELL. THANK YOU. YES. COMMISSIONER ANDERSON, QUESTION FOR VICE CHAIR AZAR. WHAT COULD, DOES YOUR PROPOSED LANGUAGE MATCH, CAN THE CITY LANGUAGE OF 60% AND BELOW FOR RENTAL AND 80% BELOW FOR OWNERSHIP AFFORDABLE? THAT IS ACTUALLY A REALLY GOOD POINT AND I HAD NOT CONSIDERED THAT AND THE MOTION HAS BEEN SECONDED. UM, SO COMMISSIONER ANDERSON, I WOULD BE OPEN TO YOU MAKING THAT AMENDMENT TO SAY IS THAT 60% RENTAL, WHICH IS REALLY WHAT I WAS THINKING OF AND THE 80% AT OWNERSHIP. BUT SINCE THE MOTION HAS BEEN SECONDED, THAT HAS TO AT THIS POINT EITHER BE AN AMENDMENT OR I GUESS I CAN DO A SUBSTITUTE. I THINK IT WOULD BE A SUBSTITUTE. OKAY. SO I'LL GO AHEAD AND MAKE A SUBSTITUTE TO MY OWN MOTION, UM, WHICH WOULD BE SAYING THAT WE'RE SAYING WE CAN'T DO THAT. ESSENTIALLY FOLLOW THE POD AFFORDABLE HOUSING GUIDELINES WITH 10% AT 60% MFI, SUBSTITUTE FOR RENTAL, 10% AT 80% MFI FOR OWNERSHIP ON ONSITE OFFSITE OR EQUIVALENT PRE LOOP. THANK [02:15:01] YOU. THERE WAS A, UM, SECOND FROM COMMISSIONER WOODS ON THAT. UM, SO THAT'S A, THAT'S A SUBSTITUTE. YES. OKAY. UM, ANYBODY SPEAKING FOR OR AGAINST THE SUBSTITUTE? COMMISSIONER HAYES, SEE YOUR TRIGGER FINGER? I'VE JUST GOT, UM, I'M GONNA, I'M GOING TO OFFER AN AMENDMENT, UH, YOU KNOW, ME ON, ON AFFORDABILITY AND, UM, SO I'M GONNA SAY THAT, UM, UH, I WAS GONNA SAY THAT THE RE THE AFFORDABILITY REQUIREMENTS WOULD BE EQUAL TO, UH, THOSE REQUIRED IN UTAH ZONES. BUT SINCE IT GOT CHANGED JUST A LITTLE BIT, UH, RATHER THAN 10%, I'M GONNA OFFER 15%. OKAY. THANK YOU FOR A SECOND ON THAT. LET'S SEE, UH, COMMISSIONER PHILLIPS, WOULD YOU LIKE TO SPEAK TO THAT? COMMISSIONER HAYNES? UM, SINCE WE'RE SPECULATING SINCE THE OWNER HERE, UH, NOT THE OWNER, THE APPLICANT AND, AND ALL IT, IT MAY COME ABOUT, WE DON'T KNOW WHAT THE FUTURE HOLDS, UM, AND AFFORDABILITY IS IS KEY TO THE, WHAT WE'RE SEEKING HERE. AND SO WE'RE GONNA PRESS A LITTLE BIT HERE AND GO FROM 10 TO 15%. ALRIGHT. ANYBODY SPEAKING AGAINST OR FOUR? OKAY, LET'S GO CHAIR. YES. COMMISSIONER ANDERSON. UM, I'M, I'M JUST CURIOUS HERE, UM, WE ARE TALKING ABOUT IN THE CASE OF THIS ENTIRE SITE REDEVELOPING. IS THAT CORRECT? YES. OKAY. I I THINK I'D LIKE TO SPEAK AGAINST THIS. OKAY. THANK YOU. PLEASE GO AHEAD NOW A GREAT TIME. OKAY. UM, YOU KNOW, IF THIS WAS A, A GREENFIELD SITE OR IF THIS WAS A SITE THAT WASN'T DEVELOPED AND THEN, AND PERHAPS THIS MIGHT MAKE SENSE, BUT THIS RAISES THE BAR TO SUCH A WAY WHERE IT MIGHT HAVE THE UNINTENDED EFFECT OF ACTUALLY JUST PRESERVING THIS USE FOR A LOT LONGER INSTEAD OF US GETTING ANY HOUSING. AND I DON'T THINK THAT'S THE GOAL. SO IT'S ONE OF THOSE THINGS THAT WHILE IT MIGHT LOOK GOOD ON A COVER OF A NEWSPAPER, THE REALITY IS IT PRODUCES LESS HOUSING AS I UNDERSTAND IT. AND THIS THE WAY I WOULD SEE IT. SO I'LL BE VOTING NO ON THIS AND STICKING WITH THE 10%. THANK YOU. ALRIGHT. ANYBODY SPEAKING FOR THIS AMENDMENT? MR. PHILLIPS? I JUST HAVE A POINT OF CLARIFICATION. UM, A FRIENDLY AMENDMENT, WOULD THAT BE ALLOWED AT THIS TIME? YES. SO TAKING INTO CONSIDERATION WHAT COMMISSIONER ANDERSON SAID AND THE GOALS OF, UH, COMMISSIONER HAYNES, COULD WE THEN JUST SAY 10 TO 15% AND ALLOW THAT FLEXIBILITY? AND WOULD THAT BE ACCEPTABLE TO COMMISSIONER HAYNES? UM, IT'D BE, UH, COMMISSIONER HAYNES. WELL, AND YOU WERE THE SECOND. SO , DOES COMMISSIONER HAYNES, DO YOU ACCEPT THAT FRIENDLY AMENDMENT? SURE. AND, AND THAT WAY, IF YOU KNOW, THEY WOULD HAVE THAT FLEXIBILITY, COMMISSIONER ANDERSON, IS THAT ACCEPTABLE TO YOU? SORRY, POINT OF CLARIFICATION FOR THE YES. AND I DON'T KNOW IF WHO WOULD, MAYBE THIS IS A STAFF QUESTION. MY UNDERSTANDING IS THAT I THINK WE HAVE, WE'RE NOT ALLOWED TO PUT IN A RANGE, BUT I COULD BE WRONG ABOUT THAT. I, I, THAT'S WHAT I WAS TRYING TO CLARIFY. JONATHAN TOM, GO WITH THE PLANNING DEPARTMENT. YES. UH, YOU CAN'T DO A RANGE. UH, MOST ALL OF OUR DENSITY BONUSES AS THE CITY ARE SET NUMBERS AND FIXED, UH, IN TERMS OF THEIR REQUIREMENTS. WHAT IF YOU'RE, YOU SAID UP TO INSTEAD OF BETWEEN XXI DON'T KNOW THAT I'VE SEEN THAT BEFORE IN ANY OF OUR DENSITY BONUSES. UH, I THINK YOU'RE, THE CHANCES OF IT, UH, FALLING APART LATER IN TERMS OF LAW OF BEING ABLE TO WRITE IT INTO AN ORDINANCE, UH, WOULD PROBABLY BE HIGHER THAN GOING WITH WHAT WE HAVE TRIED AND TRUE AND HAVING MANY OTHER ORDINANCES. THANK YOU. UH, ANOTHER CLARIFYING QUESTION. YEAH, JUST ONE MORE CLARIFYING QUESTION FROM MR. TOMKO. IT IS ACCURATE THOUGH, TO SAY THAT IF WE REQUIRE 10%, CERTAINLY ANY LANDOWNER, FUTURE LANDOWNER WOULD BE WELCOME TO BUILD 15% OR 20% OR A HUNDRED PERCENT AT 60% A MI. THAT'S CORRECT. HOWEVER UNLIKELY THAT SITUATION, THEY CAN CERTAINLY BUILD A HUNDRED PERCENT IF THEY WANTED TO. SURE. BUT I WANNA MAKE SURE THAT WE'RE, WE'RE, WE ARE LIKE ALLOWING FOR THAT POSSIBILITY AND JUST CREATING THAT MINIMUM. YES. BY WHAT WE'RE STATING IF WE STICK WITH 10. THANK YOU. SO COMMISSIONER PHILLIPS, THE FRIENDLY AMENDMENT. UM, UNFORTUNATELY WE CAN'T GIVE A RANGE, RIGHT? SO WE'RE BACK TO THE 15%. YEAH. OKAY. BECAUSE I PUT ON, OKAY. UM, WE'LL GO BACK TO FOR AND AGAINST ANY OTHER SPEAK, UH, COMMISSIONER SPEAKING FOR OR AGAINST THIS AMENDMENT. [02:20:04] OKAY. LET'S GO AHEAD AND TAKE A VOTE. THIS WOULD BE FOR THE AMENDMENT AS STATED BY COMMISSIONER HAYNES AND SECONDED BY COMMISSIONER PHILLIPS FOR AFFORDABLE HOUSING BEING AT 15%, UM, OF THE TOTAL UNITS. ALL THOSE IN FAVOR, UH, THOSE AGAINST AND ABSTAINING. OKAY. WE ARE AT 10 COMMISSIONERS. NOW, JUST TO CLARIFY, UH, THAT IS, THAT AMENDMENT FAILS FOUR TO WARD TO TWO WITH, UM, COMMISSIONERS, SKIDMORE, MAXWELL, UM, ANDERSON AND WOODS VOTING AGAINST AND COMMISSIONERS, UM, UH, B RAMIREZ AND VICE CHAIRS ARE VOTING ABSTAINING, RIGHT? SORRY, I HAVE TO GET THAT OUT NOW. IT, IT HELPS WITH THE TRANSCRIBING OF THE MINUTES. UM, OKAY. WE'RE GOING TO GO BACK TO OUR SUBSTITUTE. YES. AND PLEASE RESTATE THAT. UM, SO THE SUBSTITUTE WOULD BE, BUT AFFORDABILITY REQUIREMENTS AT 10% AFFORDABILITY, UM, AT 60% MFI FOR RENTAL, 80% M FFI FOR OWNERSHIP WITH THE OP OPTION TO DO OFFSITE, ONSITE, UM, AFFORDABILITY, MEET THOSE REQUIREMENTS OR DO AN EQUIVALENT FEE. OKAY. I DON'T BELIEVE WE HAD ANYBODY SPEAKING FOR OR AGAINST THAT ONE. UM, ANY COMMISSIONERS WANTING TO SPEAK FOR OR AGAINST QUICK CLARIFICATION, I BELIEVE THAT WAS 60% OR BELOW AND 80% OR BELOW? YES, THAT WOULD BE INDEED THE SAME WOULD BE, YEP. AT OR BELOW. THANK YOU. OKAY. YES. COMMISSIONER HAYES. I'LL SPEAK, I'LL SPEAK FOR THE AMENDMENT. UM, YOU KNOW, IT, IT MIGHT LOOK GOOD ON A, ON A HEADLINE OR A PIECE OF PAPER, BUT, UM, IT, IT AMAZES ME THAT, UM, WE CAN SEE PAPER AND WE CAN SEE HEADLINES IN, IN THE NEWSPAPER AND WE CAN SEE HEADLINES, UH, TALKING ABOUT THE AFFORDABILITY CRISIS THAT WE ARE, UH, FACING HERE IN THE CITY OF AUSTIN. AND WE CAN SEE, UM, UH, MONTHS AND MONTHS AND MONTHS OF THE WORK OF THIS COMMISSION AND THE CITY HALL TO TRY TO ADDRESS AFFORDABILITY. UH, YET YOU CAN ALWAYS FIND A, A REASON TO VOTE AGAINST AFFORDABILITY APPARENTLY ON THIS COMMISSION. AND, UM, UM, THAT'S WHERE WE ARE. WE CAN, WE CAN TALK ABOUT IT AND WE CAN SAY WE HAVE AFFORDABILITY CRISIS, AND THEN YOU CAN VOTE AGAINST AFFORDABILITY EVERY CHANCE YOU GET. SO, UH, BUT WITH THAT I'M ALWAYS GONNA BE FOR AFFORDABILITY AND I'M GONNA VOTE FOR VICE CHAIR OF JARS AMENDMENT. OKAY. ANYBODY ELSE SPEAKING FOR OR AGAINST? LET'S GO AHEAD AND TAKE A VOTE. THIS IS, UM, FOR THE SUBSTITUTE AMENDMENT, VICE CHAIR AND COMMISSIONER WOODS. UM, ALL THOSE IN FAVOR? ALL RIGHT. THAT IS UNANIMOUS. 10 TO ZERO AND THAT WE'RE GOING BACK TO THE BASE. YES, YES. OTHER AMENDMENTS. UM, CHAIR WOULD LIKE TO MAKE AN AMENDMENT. THIS ONE, HONESTLY, IT WOULD BE GREAT TO FOCUS ON, MAYBE DON'T, DON'T GET A SECOND, LET'S FIGURE THIS OUT. BUT IT WOULD BE ESSENTIALLY SEEING WALL OR SOUND BARRIER OR WHATEVER IT MAY BE, OF 10 FOOT OF HEIGHT FOR THE FULL OF THE NORTH WALL, AND THEN 10 FOOT WING ON THE WEST WALL OR WEST SIDE. CAN YOU RESTATE THAT? UM, SO IT WOULD BE THE 10 FOOT SOUND BARRIER OR, OR WHATEVER WALL IT MIGHT BE. I DON'T WANNA CALL IT A WALL BECAUSE IT MIGHT BE A SOUND BARRIER. I'M NOT SURE. SO IT'S THE 10 FOOT SOUND BARRIER FULL NORTH SIDE AND THEN 10 FOOT WING ON THE WEST SIDE, UM, FROM THE NORTH, MOVING SOUTH. I JUST HAVE A QUICK CLARIFYING QUESTION. I WOULD SAY ON THE FULL WEST SIDE AS WELL, THAT WAS A KEY POINT. WHEN WE'RE TALKING ABOUT THE WING, WE'RE TALKING ABOUT BUILDING THE, THE BARRIER ALONG THE NORTH SIDE AND THEN THE WEST SIDE IN THEIR ENTIRETY. SURE. AND DO YOU WANNA MAYBE TAKE THE MOTION? I I, I'LL BE HONEST, I'M NOT SURE I'M COMFORTABLE WITH THE FULL WALL, BUT SINCE I HAVEN'T STATED THE MOTION, YOU'RE WELCOME TO MAKE THE MOTION. I'M, I'M HAPPY TO MAKE THE, THE, THE, THE MOTION, THE MOTION WOULD BE TO AMEND THE, UH, STAFF'S RECOMMENDATION TO INCLUDE THE INCLUSION OF A 10 FOOT [02:25:01] HIGH SOUND BARRIER ALONG THE NORTH SIDE AND THE WEST SIDE OF THE, UH, THE, THE ROOF OF THE PARKING FACILITY. POINT OF CLARIFICATION, THIS IS THE ENTIRE WEST SIDE? YES. OR JUST THE 10 FOOT? YES, THE ENTIRE WEST SIDE. ALONG THE ENTIRE NORTH SIDE AND THE ENTIRE WEST SIDE. GOT IT. OKAY. FURTHER POINT OF CLARIFICATION. ARE WE INTENTIONALLY OMITTING THE, THE 10 FEET ALONG THE EAST SIDE? I, WELL, I, I DIDN'T SEE THAT IN THE PRESENTATION FROM THE, UH, FROM THE, UH, ANA'S SOUND ENGINEER. SO I THINK IF WHAT'S NECESSARY FOR MITIGATION, THEN I THINK WE SHOULD, UH, FOLLOW THE RECOMMENDATIONS. I JUST WANTED TO MAKE SURE THAT WAS INTENTIONAL. OKAY. UM, SECOND ON THAT MOTION. I'LL SECOND, I'LL SECOND. OH, OKAY. OH, COMMISSIONER JOHNSON. WE'LL, WE'LL PUT YOU FOR THE RECORD. AND THEN WOULD YOU LIKE TO SPEAK TO THAT? I, I THINK THAT I, I MEAN MAYBE THE REASON WHY THIS REVISION TO THE PUTT IS COMING FORWARD IS TO, SO THAT WE HAVE, YOU KNOW, THIS IMMEDIATE NEED ON THE PART OF THE OWNER AND THEIR TENANT TO HAVE, UH, AN ALLOWABLE USE FOR THE PICKLEBALL. AND WE KNOW THAT IT'S UNACCEPTABLE RIGHT NOW FROM A NOISE AND LIGHT PERSPECTIVE. SO I CAN'T, I COULDN'T MOVE FORWARD WITH APPROVING IT WITHOUT MITIGATING THAT ANYBODY SPEAKING AGAINST, I'LL JUST TAKE A SPOT. COMMISSIONER SKIDMORE, CAN WE DO THE WALL AND THE LIGHTS AT THE SAME, THE LIGHT SHIELD AT THE SAME TIME? OR DO WE HAVE TO DO IT SEPARATELY? I THINK THE LIGHTS WERE ALREADY IN. STAFF RECOMMENDATION IS THAT I'M LOOKING TO, BUT IF WE'RE UNCERTAIN THEN, UH, UM, NO. SO THAT IS WHY IT WASN'T INCLUDED. SO YES, THERE'S A LIGHT SHIELDING REQUIREMENT. IF YOU LOOK AT THE STAFF RECOMMENDATION, IT'S THAT, UM, PLUS IF MY UNDERSTANDING IS CORRECT, THE PURPLE PIPE REQUIREMENT AND THE REFLEXIVITY REQUIREMENT AS WELL. SO ALL THREE OF THOSE ARE IN THE STAFF RECOMMENDATION, WHICH IS THE BEAST. OKAY, THANK YOU. SO, SORRY, WOULD IT BE APPROPRIATE TO DO A SUBSTITUTE HERE? MM-HMM, . UM, BECAUSE I WANNA GET BACK TO, UH, COMMISSIONER AAR'S, UM, SUB HIS, UM, AMENDMENT THAT TALKED ABOUT THE, THE WALL IN CERTAIN PLACES AND NOT IN THAT ENTIRETY THAT I, I THINK THAT WAS WHAT THE APPLICANT TALKED ABOUT TOO, WAS THAT KIND OF MITIGATION? I'D SECOND THAT IF THAT'S A MOTION. SO, I'M SORRY, WHAT IS, WHAT IS THE MOTION THAT JUST INSTEAD OF DOING THE FULL WING WALL IS JUST PARTIAL, RIGHT, RIGHT. MM-HMM, . OKAY. BUT WE WOULD NEED TO STATE FOR LONG WHAT PARTIAL IS. ARE WE TALKING ABOUT 10 FOOT NORTH TO SOUTH OR WHATEVER YOU WANNA STATE IT, BUT WE WOULD NEED TO STATE A LENGTH. RIGHT. THE APPLICANT HAD STATED 10 FEET. RIGHT, EXACTLY. SO YOU'RE GOING WITH WHAT THE APPLICANT WITH DESIRE WHAT THE APPLICANT STATED? YES. OKAY. SO, SO EVERYBODY'S CLEAR, THIS IS THE 10 FOOT SOUND BARRIER ALONG THE NORTH WALL IN ITS ENTIRETY, AND THEN ALONG THE WEST WALL BY MOPAC WOULD BE 10 FOOT SOUND BARRIER, 10 FEET IN OR DOWN SOUTH GOING NORTH TO SOUTH. YES. CORRECT. SO WE KNOW THAT IT'S CONNECTED AT THAT CORNER. MAKES SENSE. AND JUST A CLARIFYING QUESTION OF THE WISH MAKER, I'M SORRY, I DON'T MEAN TO BE OBSESSED WITH THIS EAST SIDE, BUT IS THAT, IS THAT EASTERN 10 FOOT PORTION THAT THE APPLICANT IS PROPOSING ALSO INCLUDED OR IN THIS CASE, NO. OKAY. SO KIND OF THE U-SHAPE. UNDERSTOOD. THANK YOU. WAIT, IT WAS THE U THE U-SHAPE. SO IT INCLUDES THE, THE EAST SIDE. YES. THANK YOU FOR THAT CLARIFICATION. OKAY. UM, FOUR OR AGAINSTS, DID YOU WANNA SPEAK TO THIS COMMISSIONER PHILLIPS? CAN I JUST RESTATE IT JUST SO THAT IT'S VERY CLEAR, UH, COMMISSIONER UH, PHILLIPS, CORRECT ME IF THIS SOUNDS RIGHT. SO WE'RE TALKING ABOUT THE 10 FOOT SOUND BARRIER ON THE FULL NORTH WALL AND TWO WINGS ON THE EASTERN WEST END OF 10 FOOT HEIGHT, AND THEN 10 FOOT LENGTH GOING NORTH TO SOUTH. PERFECT. THANK YOU. THOSE SPEAKING FOR OR AGAINST THIS AMENDMENT? COMMISSIONER GILMORE? UH, I'LL SPEAK AGAINST THE AMENDMENT. I THINK I'M STUCK BECAUSE WE HAVE A STUDY THAT WAS PREPARED FOR, FOR THE NEIGHBORHOOD ASSOCIATION THAT SHOWED, I THINK WITH A HIGH LEVEL OF DETAIL THAT IF WE DON'T BUILD THE MITIGATION ALONG THE WEST SIDE, THAT WE'LL STILL HAVE AN AREA WHERE THE NOISE IS UNACCEPTABLE. SO I'M NOT REALLY SURE. AND AGAIN, I DIDN'T HAVE, WE DIDN'T GET A COPY OF THE APPLICANT'S OR OF THE OWNER'S SOUND STUDY. I, I DON'T THINK, DID ANYBODY ELSE SEE IT IN BACKUP? NOT THE AWANA STUDY, BUT THE APPLICANT'S SOUND STUDY? I DIDN'T SEE THAT IN BACKUP, BUT I, THEY EMAILED DIRECTLY TO ME. I'M HAPPY TO SHARE THAT WITH THE COMMISSION IF I'M ABLE TO. SO I MEAN IT, I THINK WHERE, WHERE WE ARE IS, WE'VE GOT TWO DIFFERENT STUDIES THAT HAD TWO DIFFERENT CONCLUSIONS THAT WERE QUITE SIMILAR. I THOUGHT I HAD HEARD [02:30:01] EARLIER THAT THE MR. SU HAD AGREED TO THE 10 FOOT HIGH. AND MAYBE THE QUESTION IS, IS THERE BEYOND THE, UH, THE AESTHETICS OF WANTING TO BE ABLE TO LOOK WEST AND PROBABLY SEE A SUNSET, I SUSPECT IS WHY MAYBE WE WOULDN'T EXTEND THIS 10 FOOT BARRIER ALONG THE FULL WEST SIDE. WERE THERE ANY OTHER CONCERNS ABOUT IT? SORRY, AND WE CAN'T GET INTO QUESTIONS. SORRY, WE CAN'T GET INTO QUESTIONS. SO, SO WE'RE, WE'RE IN FOR AND AGAINST, SO, UM, YES. ANY OTHER, WELL, I THINK YOU STILL HAVE TIME IF YOU WANNA FINISH UP YOUR THOUGHTS. WELL, JUST MY THOUGHT IS, UH, IF IF IT DOESN'T MITIGATE THE SOUND COMPLETELY, THEN I THINK WE ARE FAILING THE NEIGHBORHOOD. IT'S THAT SIMPLE. OKAY. OTHERS SPEAKING FOR OR AGAINST? I'LL SPEAK FOR, BUT I'M ALSO WONDERING MORE AND MORE IF THIS IS GOING TO BE A POSTPONEMENT JUST BECAUSE I DON'T KNOW THAT THE, THE EAST WALL NOW IS JUST LIKE, THAT BLOCKS THE BEST PART OF, YOU KNOW, THAT THAT AMENITY UP THERE. JUST HAVING DOWNTOWN AND JUST THE OPENNESS OF LOOKING EAST FROM THERE IS JUST UNBELIEVABLE. AND I WONDER IF THERE'S A WAY TO NOT HAVE TWO ENTIRE PIECES, TWO ENTIRE WALLS, YOU KNOW, ENCLOSING THIS SPACE, WHICH IS ONE OPTION, AND THEN ALSO MAYBE NOT BLOCKING THE, THE VIEW TO THE EAST. AND I JUST WONDER IF, UH, ALL THE FOLKS INVOLVED COULD MAYBE HUDDLE AND GET A LITTLE BIT MORE DONE OVER THE NEXT COUPLE OF WEEKS IF THAT OPPORTUNITY WAS OUT THERE FOR THEM. SO I'LL SUPPORT IT, BUT IT JUST SEEMS A LITTLE SIDEWAYS RIGHT NOW. COM UH, COMMISSIONER BARRERA RAMIREZ, I'M GONNA SPEAK AGAINST IT. I AGREE WITH COMMISSIONER SKIDMORE. I ALSO, I DIDN'T SEE ANYTHING ABOUT THE EAST WALL. ANY REQUIREMENTS FROM THIS. THE STUDY THAT I READ ABOUT A WALL IN THE EAST, UM, WHAT I SAW WAS HOMES BEING IMPACTED TO THE NORTH AND TO THE WEST. AND I ALSO HEARD MR. SETTLE SAY THAT A 10 FOOT WALL WAS FINE AND THAT, YOU KNOW, THEY WERE WILLING TO DO IT. SO I, I THINK SOUND CAN ESCAPE AND IF WE DON'T PROVIDE A TOTAL BARRIER AND WE DOING A DISSERVICE TO THE NEIGHBORS. ALRIGHT. ANYBODY ELSE SPEAKING FOR OR AGAINST? NO. OKAY. LET'S GO AHEAD AND TAKE A VOTE ON THIS. THIS IS, UM, THE SUBSTITUTE MOTION BY COMMISSIONER PHILLIPS SECOND BY COMMISSIONER ANDERSON, UH, FOR THE, UH, SOUND BARRIER AS STATED IN THE APPLICANT'S, UM, SUBMITTAL. ALL THOSE IN FAVOR? THREE, FOUR. THOSE AGAINST FOUR. AND THOSE ABSTAINING TWO, THREE, DID I COUNT THAT RIGHT OR WE ONLY HAVE 10. YEAH, SO THOSE FOUR. 1, 2, 3. OKAY. I'M SORRY. FOUR IS THREE TO FOUR TO THREE. SO THAT, THAT SUBSTITUTE FAILS. UM, , WE'LL GO BACK TO THE A AMENDMENT AS STATED BY COMMISSIONER SKIDMORE AND I, OH, I WAS THE SECOND ON THAT. THIS IS FOR THE, UH, SOUND BARRIER. 10 FOOT HEIGHT, THE FULL LENGTH OF THE NORTH SIDE, AND THEN THE 10 FOOT HEIGHT WING ALONG THE FULL LENGTH OF THE WEST SIDE. UM, CHAIR, CAN WE PUT IN A SUBSTITUTE MOTION AT THIS POINT? YES. UM, I'D LIKE TO MAKE A MOTION TO POSTPONE THIS AND GIVE THE NEIGHBORHOOD SOME CHANCE TO WORK THROUGH THESE LOGISTICS. I FEEL LIKE WE'RE TRYING TO NEGOTIATE THIS ON THE DICE. I'M NOT SURE IT'S THE BEST WAY TO MOVE FORWARD WITH THIS. SO I'D LIKE TO MAKE A MOTION POSTPONED FOR TWO WEEKS. 9 24. YES. TO THE 9 24 PLANNING COMMISSION CHAIR. JUST A POINT OF PARLIAMENTARY INQUIRY. ARE WE ABLE TO MOTION POSTPONE? YEAH, THAT'S, I WASN'T, I WASN'T SURE EXACTLY. ORDER. DO WE, DO WE NEED TO DISPOSE OF THE AMENDMENT? DISPOSE THIS AMENDMENT? I KNEW WE NEEDED TO DISPOSE OF THE OTHER ONE. IF WE NEED TO DO THIS AMENDMENT FIRST AND THEN THAT'S FINE. OKAY. LET'S, OKAY. UM, SO LET'S GO AHEAD AND TAKE A VOTE ON THIS. UM, AS I JUST DESCRIBED, EVERYBODY CLEAR? NO. COULD YOU PLEASE RESTATE YOUR AMENDMENT CHAIR? THANK YOU. I'M DRAWING IT MENTALLY IN MY HEAD. 10 FOOT LENGTH OR 10 FOOT HEIGHT ALONG THE ENTIRE LENGTH OF THE NORTH SIDE. THE 10 FOOT HEIGHT. THE ENTIRE LENGTH OF THE WEST SIDE. NO. WALL ON THE EAST SIDE. ALL OF THOSE IN FAVOR? FOUR, FIVE. THOSE AGAINST TWO. AND THOSE ABSTAINING? [02:35:01] THREE. OKAY. THOSE AGAINST WERE, UM, COMMISSIONERS, ANDERSON AND PHILLIPS. AND THOSE ABSTAINING WERE COMMISSIONERS. UH, MAXWELL WOODS AND AZAR. OKAY. AMENDMENT OR, YES. UM, SO I'D LIKE TO MAKE A SUBSTITUTE MOTION. YES. I'D LIKE TO MAKE A MOTION TO POSTPONE THIS CASE TO THE, UH, NEXT PLANNING COMMISSION, 9 24 SECOND BY VICE CHAIR. UH, WOULD YOU LIKE TO SPEAK TO THAT ANYMORE? UH, YEAH, I, I GET THE SENSE FROM THE CONVERSATION WE'VE HAD TONIGHT AS WELL AS THE, UM, CONVERSATION WE'RE HAVING ON THE DIOCESE, THAT THERE IS SOME NEGOTIATION THAT STILL NEEDS TO BE WORKED OUT. AND RATHER THAN US SORT OF BEING PRESCRIPTIVE AND SORT OF TRYING TO FIGURE THIS OUT, I'D LIKE TO GIVE THE OPPORTUNITY FOR THE APPLICANT AND THE NEIGHBOR TO REALLY WORK THROUGH THIS AND SEE IF THEY CAN COME BACK TO, WITH THIS COMPLETE PLAN THAT FEELS AMENABLE TO EVERYBODY AND SOLVES THESE ISSUES THROUGH THAT CONVERSATION. MY RECOMMENDATION FOR POSTPONEMENT. OKAY. ANYBODY AGAINST THE POSTPONEMENT? POSTPONEMENT? ALRIGHT, ALL THOSE, UH, VICE CHAIR, IF I, IF I MIGHT JUST SPEAK IN FAVOR OF THAT. I THINK JUST AS WE GO FORWARD, I'LL BE HONEST, I, I DON'T THINK I'M FULLY CONVINCED THAT THE FULL WALL IS NEEDED ON THE WEST SIDE EITHER, BECAUSE WE WERE MENTIONING THAT WITH 20 FEET THEN THERE'S TWO HOMES LEFT. I FEEL LIKE THERE'S SOME CONFUSION. SO WHAT I HOPE THIS REALLY DOES IS WHETHER IT HAS TO BE 20 FEET, 25 FEET, HALF THE WALL, I DON'T KNOW. BUT I HOPE THAT THAT'S SOMETHING THE ENGINEERS CAN REALLY HELP US FIGURE OUT AND FIGURE OUT WHAT WOULD MAKE THAT SO THAT WHEN WE COME BACK, WE HAVE A CLEAR ANSWER ON WHAT WOULD PROVIDE THAT SORT OF SHIELDING THAT WE THINK IS NECESSARY WITHOUT UNNECESSARILY BLOCKING OFF AND JUST MAKING LIKE A BOX, UM, AS AN AMENITY FOR PEOPLE TO PLAY IN. THANK YOU CHAIR. ALRIGHT, LET'S GO AHEAD AND VOTE ON THIS POSTPONEMENT. ALL THOSE IN FAVOR? 2, 5, 6, 7 THOSE AGAINST. 1, 2, 3. OKAY, THAT MOTION PASSES BY THE SKIN OF ITS TEETH SEVEN TO THREE WITH COMMISSIONERS HAYNES PHILLIPS AND JOHNSON, UM, AGAINST, OKAY, SO LET US MOVE ON. THANK YOU EVERYBODY. NEIGHBORHOOD AND APPLICANT FOR THAT MARATHON. I'M SORRY, STAFF. IF I MIGHT JUST ASK A QUICK QUESTION, IF WE COULD ALSO FIGURE OUT POTENTIALLY IF Y'ALL CAN HELP US UNDERSTAND, UH, WHEN THIS CASE COMES BACK, WHAT WOULD, IF THE SOUND BARRIERS ALLOWABLE AS A BUDGET REQUIREMENT? I THINK THAT WOULD BE REALLY HELPFUL. THANK YOU. THANK YOU VERY MUCH. I APPRECIATE THAT. ALL RIGHT, WE'RE ALMOST DONE, I PROMISE. UM, MOVING ON TO ITEM 13. I JUST WANNA DO A QUICK QUORUM CHECK. 4, 5, 6. OKAY, WE'RE AT NINE NOW. UM, MOVING ON TO ITEM NUMBER [13. Discussion and action to establish a working group for governance to update the Rules and Procedures. Sponsors: Chair Hempel and Commissioner Johnson. ] 13. SO IF YOU RECALL EARLIER IN OUR MEETING, WE ADOPTED THE INTERIM RULES AND PROCEDURES, UM, THAT THE COMMISSION WILL OPERATE BY. AND LAST MEETING WE STARTED TALKING, UH, AND HAVE, UH, THE LIST OF COMMISSIONERS FOR THE WORKING GROUP THAT WILL, WILL FURTHER THIS WORK AND COME UP WITH AN UPDATE TO THE RULES AND PROCEDURES. UM, SO THIS ITEM IS TO SOLIDIFY THAT AND VOTE ON THE WORKING GROUP MEMBERS. UM, SO I'LL LIST THOSE OFF. UH, IT'S MYSELF, CHAIR HEMPEL, VICE CHAIR, AZAR, UH, COMMISSIONER HAYNES, COMMISSIONER MAXWELL, COMMISSIONER JOHNSON, AND COMMISSIONER BO RAMIREZ. AND CHAIR COHEN DID, UH, MAKE A REQUEST TO BE ON THIS WORKING GROUP AS WELL. AND AS SHE'S EX OFFICIO, DOES NOT COUNT TOWARDS QUORUM. SO I WANNA MAKE SURE THAT, UH, THAT'S THE MAX THAT THIS GROUP SIZE CAN BE. OPEN IT UP AND SEE IF EVERY, ALL THE MEMBERS ARE STILL GOOD WITH THAT. YES. UM, I THINK I ADMIT CHAIR, THANK YOU FOR THAT INTRODUCTION. I THINK I HAD MENTIONED AT THE LAST MEETING THAT I HAD PUT MYSELF ON THIS AND IN THE ABSENCE OF CHAIR OF, UH, COMMISSIONER WOODS, BUT AS SHE'S OUR PARLIAMENTARIAN, I FELT THAT IT WAS IMPORTANT FOR HER TO POTENTIALLY TAKE MY SPOT. SO IF IT'S, UH, AMENABLE TO EVERYBODY ELSE, I'D LIKE TO GO AHEAD AND MOVE OFF OF IT AND RECOMMEND, UH, COMMISSIONER WOODS FOR THIS PARTICULAR BODY. COMMISSIONER WOODS, ARE YOU OPEN TO THAT? I AM. OKAY. UM, ANY OTHER DISCUSSION AROUND THE WORKING GROUP? ARE WE CLEAR WHAT THIS GROUP WILL BE WORKING ON? AND, UM, YES. COMMISSIONER PHILLIPS? YES. WOULD YOU CLARIFY THAT? I WASN'T HERE AT THE LAST MEETING AND I THINK IT WAS DISCUSSED THEN. THANK YOU. YES. SO, UM, WE'VE BEEN TALKING FOR A LITTLE WHILE NOW ON OUR RULES AND PROCEDURES UP UNTIL THIS EVENING. UM, HAVE BEEN, UH, CRAFTED ACROSS SEVERAL CHAIRS, SEVERAL DIFFERENT ITERATIONS OF THIS COMMISSION. AND SO WE FEEL NOW IS A GOOD TIME TO ASSESS WHERE WE ARE. UM, THE MOTION, THE [02:40:01] ITEM THAT WE PASSED EARLIER WILL GIVE US THE INTERIM RULES, WHICH WILL BE A GOOD WORKING BASELINE FOR THAT WORKING GROUP TO PROCEED FROM THEIR WORK. UM, BUT WE WANT TO MAKE SURE THAT ALL OF THE COMMISSIONERS HERE, UH, THROUGH THE WORKING GROUP CAN FEEL LIKE THEY'RE COMFORTABLE WITH OUR RULES AND PROCEDURES AND THAT WE'RE AGREEING TO IT. UM, SO WE, WE DON'T HAVE AN ESTABLISHED, UH, TIMELINE THAT WOULD BE UP TO THIS WORKING GROUP IN, IN ORDER TO COME UP WITH THAT. UM, SO IS THAT HELPFUL? YEAH, AND THAT'S, THAT'S ANYTHING FROM, UH, THE TIME ALLOTMENT FOR OUR SPEAKERS FOR THE PRESENTATIONS, UM, HOW WE MAKE AMENDMENTS. SO ALL THAT GETS REALLY SOLIDIFIED AND, UM, AND VOTED ON WHERE WE HAVE CONFIDENCE ON THAT. ALRIGHT, WELL, I'LL MAKE A MOTION FOR THIS WORKING GROUP TO HAVE THE MEMBERS AS STATED EARLIER. SO AGAIN, THAT'S CHAIR AMPLE, VICE-CHAIR CZAR, UM, COMMISSIONER HAYNES, COMMISSIONER WOODS, COMMISSIONER JOHNSON AND COMMISSIONER BORA RAMIREZ. IS THERE A SECOND? SECOND BY VICE CHAIR? UM, I'LL, I'LL SPEAK TO THE MOTION AND JUST SAY I, I AM REALLY KIND OF EXCITED IN A, A NERDY WAY ABOUT BEING ABLE TO REVISIT THIS AND, AND HAVE A WORKING DOCUMENT FOR NOT JUST THIS BODY, BUT FUTURE BODIES TO, TO WORK FROM AND AMEND AS THEY SEE FIT IN THE FUTURE. UM, BUT IT IS THE FIRST TIME THAT WE'LL HAVE EVERYTHING IN ONE PLACE AND EVERYBODY CAN, UH, HAVE DISCUSSION AND DEBATE ABOUT IT. SO I LOOK FORWARD TO SEEING WHAT THE WORKING GROUP PRODUCES. ANYBODY SPEAKING AGAINST OR OTHERWISE TO THE MOTION? I'LL SPEAK TO THE MOTION, MADAM CHAIR AND, UH, AND, AND HE, I HADN'T CLEARED IT WITH HIM AND HE MAY PUNCH ME, BUT, UH, WOULD YOU AMEND YOUR MOTION AND, AND, AND SET COMMISSIONER JOHNSON AS THE INTERIM CHAIR TO GET THINGS STARTED AND SEND OUT A NOTICE AND GET IT ON THE BOOKS IF HE'LL . I KNEW HE WAS GONNA PUNCH ME, BUT I, COMMISSIONER JOHNSON AMENABLE TO THAT. SURE. THANKS. I LOVE NAMING A CHAIR FOR A WORKING GROUP WHILE WE'RE MAKING THE MOTION. ME TOO. NOT ME, . ALRIGHT. NOBODY SHOULD. UM, ALL RIGHT. SO THAT I'LL ACCEPT THAT FRIENDLY AMENDMENT. UM, WELL, LET'S GO AHEAD AND TAKE A VOTE ON THIS. SO ALL THOSE IN FAVOR? OKAY. THAT'S UNANIMOUS. GREAT. UM, WE, OH, AND MOVING [14. Select a primary and alternate representative to serve on the Joint Sustainability Committee. Sponsors: Chair Hempel, Vice Chair Azhar, and Commissioner Woods.] ON TO NUMBER 14. THIS HAS BEEN AN OPEN ITEM FOR A WHILE. UM, I FIGURED A GOOD WAY TO SOLVE FOR THE CISS FINDING A REPRESENTATIVE, UH, FOR THE JOINT SUSTAINABILITY COMMITTEE SINCE COMMISSIONER WOODS, IS JUST TO HELP THE MEETINGS HELD AT A TIME THAT YOU CAN'T MAKE. AND, UM, COMMISSIONER PHILLIPS, I THINK IT, UH, YOU HAVE SOME CONFLICTS TOO, IF YOU'RE WITH THE MEETING TIME. UM, NO, I'VE, I'VE SPOKEN WITH THE CHAIR ABOUT IT AND SO I COULD ACTUALLY DO IT. YEAH. OH, MM-HMM, . SO YOU WOULD LIKE TO BE THE PRIMARY? YEAH. MM-HMM, . GREAT. YEAH. LET'S, UM, LET'S TAKE A MOTION. UH, LET'S TAKE A VOTE ON THAT. I'M MAKING A MOTION. . THANK YOU. UM, OKAY. SO THE MOTION IS FOR COMMISSIONER PHILLIPS TO BECOME THE PRIMARY FOR THE JOINT SUSTAINABILITY COMMITTEE WITH A SECOND BY COMMISSIONER AN AMENDMENT . SURE. SORRY, I'LL KEEP IT SHORT. I MEAN, I'M MORE THAN HAPPY TO THE SPEAKER. I SAID I'M MORE THAN HAPPY TO BE THE ALTERNATE FOR THAT. OH MY GOSH. TWO WINS. PERFECT. THANK YOU, SIMON. IF I CAN RESTATE THE MOTION, THAT WOULD BE COMMISSIONER PHILLIPS AS THE PRIMARY, UH, PERSON AND COMMISSIONER SKIDMORE AS THE, UH, ALTERNATE. AND THANK YOU TO BOTH OF YOU FOR SERVING ON THAT. OH, THAT'S REALLY WONDERFUL NEWS. WELL, LET'S TAKE A VOTE ON THIS. UH, ALL OF THOSE IN FAVOR. YEAH, YOU CAN VOTE , YOU CAN VOTE FOR YOURSELF. ALRIGHT, THAT'S UNANIMOUS. THANK YOU SO MUCH. UM, AND KIND OF ALONG THE SAME LINES IS, UM, I'VE CREATED A, A SPREADSHEET. I'M A SPREADSHEET GIRL. UM, BECAUSE IT'S BEEN HARD FOR ME TO TRACK ABOUT WHO'S SERVING ON WHICH BOARDS AND COMMITTEES AND WORKING GROUPS. AND I WANNA MAKE SURE THAT EVERYTHING'S, UH, THAT WE'RE BEING EQUITABLE WITH, WITH, UH, WHO'S WORKING ON WHAT. AND SO I'LL SHARE THAT WHEN IT'S, IT'S VETTED THROUGH, UM, UH, MS. GARCIA, SO EVERYBODY HAS THAT AS A POINT OF REFERENCE. AND I'LL, I'LL TRY TO KEEP IT UP TO DATE AND OR ENCOURAGE FUTURE CHAIRS TO KEEP THAT UP TO DATE AS, UM, AS THINGS CHANGE. SO, UM, I KNOW EVERYBODY'S EAGER TO GET TO THE DEBATE. THE, WHAT WE HAVE LEFT OF IT. I, I APOLOGIZE, MOVE INTO THE [WORKING GROUP/COMMITTEE UPDATES] WORKING GROUP AND COMMITTEE UPDATES, UH, CODES AND ORDINANCES. WE MEET NEXT WEEK. UM, COMMISSIONER ANDERSON, DO YOU REMEMBER WHAT WE'RE MEETING ON? HAVE YOU SEEN THE AGENDA YET? UH, WE, WE HAVE NOT. I DON'T THINK THE AGENDA HAS BEEN SENT TO US YET. [02:45:01] YOUR, IT WAS SENT TO ME. I JUST CAN'T REMEMBER. OKAY. UM, BUT WE ARE MEETING NEXT WEEK. UM, I, I WILL NOTE THAT THERE IS ONE ITEM THAT I KNOW WILL BE COMING TO COURT ORDINANCES, WHICH IS THE UPDATED WORK CHART FOR OUR LDC AMENDMENTS. SO WE'LL HAVE SOME UPDATES FOR THE PLANNING COMMISSION ONCE WE'VE SEEN THAT. YES, THAT'S, THAT IS NEXT WEEK. UM, COMPREHENSIVE PLAN JOINT COMMITTEE. NEXT MEETING IS OCTOBER NINE. THANK YOU. THE JOINT SUSTAINABILITY COMMITTEE COMMISSION. I HAVE NO UPDATES ON THAT. OKAY. UM, SMALL AREA PLANNING JOINT COMMITTEE. THERE'S NO UPDATES ON THAT. SOUTH CENTRAL WATERFRONT. UM, WE HAVE A MEETING TO REVIEW THE SOUTH RIVERSIDE PUD 19 TWO WEEKS, OR SORRY, ON THE 16TH, WHICH IS NEXT WEEK. UM, CITY OF AUSTIN BUILDINGS WORKING GROUP VICE CHAIR. UM, CHAIR, I, I FEEL LIKE THAT'S STILL ON PAUSE BECAUSE OF THE OTHER ONGOING WORK. YES. OUTREACH AND PROCEDURES WORKING GROUP. COMMISSIONER COX ISN'T HERE. NO. UM, IN THE 2024 TECHNICAL BUILDING CODE UPDATES WORKING GROUP, UM, THAT'S ALSO CURRENTLY ON PAUSE. OKAY. UM, FUTURE [FUTURE AGENDA ITEMS] AGENDA ITEMS. SEEING NONE, I WILL CALL, UH, THIS MEETING ADJOURNED AT 8:52 PM THANK YOU SO MUCH. THANK. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.