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[00:00:02]

I WILL

[CALL TO ORDER]

CALL OUR MEETING TO ORDER AT 6:09 PM UM, FIRST OFF, WE'LL TAKE A ROLL CALL AS YOU SEE IT IN THE AGENDA.

UM, STARTING WITH MYSELF.

CHAIR HEMPEL HERE.

VICE-CHAIR ZA.

HERE.

COMMISSIONER ANDERSON HERE.

COMMISSIONER WOODS HERE.

COMMISSIONER HOWARD IS ABSENT THIS EVENING.

COMMISSIONER BARRERRA RAMEZ IS ABSENT THIS EVENING.

COMMISSIONER MAXWELL IS ABSENT THIS EVENING.

COMMISSIONER MUTAL HERE.

COMMISSIONER JOHNSON.

NOT HERE YET, BUT I UNDERSTAND HE WILL BE HERE.

COMMISSIONER SKIDMORE.

PRESENT, JUST A QUICK COMMENT.

YES.

IT LOOKS LIKE RYAN JOHNSON'S LISTED IN ATTENDEES ONLINE AND NOT MOVED TO PANELIST, ASSUMING IT'S THE SAME.

RYAN JOHNSON .

YES.

THANK YOU FOR LETTING US KNOW.

YEP.

COMMISSIONER COX HERE.

COMMISSIONER PHILLIPS.

NOT HERE YET.

AND COMMISSIONER HAYNES HERE.

ALL RIGHT.

COMMISSIONER JOHNSON, CHAIR.

I'M HERE AS WELL.

UH, COMMISSIONER SKIDMORE WAS SPOT ON.

YES.

GREAT.

THANK YOU FOR CALLING OUR ATTENTION TO THAT.

AND THEN RECOGNIZING OUR, UM, A ISD BOARD OF TRUSTEE MEMBER CANDACE HUNTER.

ALRIGHT.

UM, LET'S SEE.

TONIGHT'S MEETING PER USUAL IS HYBRID, ALLOWING FOR A VIRTUAL QUORUM AS LONG AS THE COMMISSIONER SERVING AS CHAIR IS PRESENT IN CHAMBERS.

SO WE HAVE A TIGHT QUORUM TONIGHT.

UM, IF EVERYONE ONLINE CAN BE COGNIZANT OF, UM, OF OUR NUMBERS, SO, UM, SPEAKERS CAN PRESENT FROM THE CHAMBERS OR VIRTUALLY.

AND JUST REMEMBER OUR COMMISSIONERS TO HAVE YOUR GREEN, RED, AND YELLOW ITEMS FOR VOTING.

REMAIN MUTED WHEN NOT SPEAKING.

AND RAISE YOUR HAND TO BE RECOGNIZED.

AND IF I MISS YOU, JUST COME OFF OF MUTE.

SO IF YOU ARE SIGNED UP TO SPEAK, YOU'LL RECEIVE AN EMAIL PRIOR TO THE COMMISSION TAKING UP YOUR ITEM.

SPEAKERS CAN DONATE TIME.

UM, BOTH THE SPEAKER DONATING TIME AND THE SPEAKER RECIPIENT MUST BE PRESENT IN PERSON WHEN THE ITEM IS CONSIDERED.

ALL

[PUBLIC COMMUNICATION: GENERAL]

RIGHT, MS. GARCIA, DO WE HAVE ANYONE SIGNED UP TO SPEAK DURING PUBLIC COMMUNICATION? YES.

CHAIR.

WE HAVE THREE SPEAKERS SIGNED UP FOR PUBLIC COMMUNICATION.

OUR FIRST SPEAKER IS CAROL PHILLIPSON.

CAROL WILL BE JOINING US VIRTUALLY.

CAROL, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.

YOU'LL HAVE THREE MINUTES.

ALL RIGHTY.

WE'LL COME BACK TO HER TOWARDS THE END.

OUR NEXT SPEAKER IS TANIA KAREEM.

TANIA, PLEASE COME TO THE FRONT AND YOU'LL HAVE THREE MINUTES.

ALRIGHTY.

MOVING ON.

OUR NEXT SPEAKER IS SANTIAGO.

SANTIAGO.

YOU'LL HAVE THREE MINUTES GREENS COMMISSIONERS.

I APPRECIATE YOUR SERVICE.

UM, I HAVE ABOUT 33 SLIDES HERE, AND I FEEL PRETTY ABSURD, UH, TRYING TO COVER ALL OF WHAT IS GOING TO BE, UM, WITHIN THESE.

I'VE SENT THEM ALL AN EMAIL AND, UM, SO THAT BE PART OF THE PUBLIC RECORD.

UM, I'M HERE TO, I THINK, ULTIMATELY ASK FOR YOUR SUPPORT IN PRESERVING, UM, A HISTORIC PECAN GROVE AT I 35 AND TOWN LAKE.

UM, YEAH, UH, I, I GUESS THAT THE BIG THING THAT HAD EMERGED FOR ME AND BEFORE I ARRIVED HERE WAS, UM, I DON'T KNOW WHAT ACTIONS OR UN AUTHORITY THAT THIS BODY HAS WITH REGARDS TO PUSHING BACK AGAINST THE STATE OF TEXAS.

UM, AND I KNOW THAT THIS HAS BEEN BROUGHT UP IN A LOT OF DIFFERENT COMMISSIONS.

I JUST FEEL LIKE THE CITY OF AUSTIN IS SLIPPING AND VERY FAR BEHIND WITH REGARDS TO, UM, UH, BEING READY FOR WHAT IS IN THE PIPELINE.

UM, THE CITY ARBORISTS BELIEVES THAT THE TREES THAT ARE BEING TAKEN ARE REQUIRED OR WILL REQUIRE THIS, THIS BODY'S, UH, AUTHORIZATION TO BE REMOVED.

UM, ENVIRONMENTAL COMMISSION, UH, DOESN'T REALLY FEEL LIKE THEY HAVE ANY, UM, ANY PLACE GROUND TO STAND ON.

UM, HISTORIC LANDMARK COMMISSION HAS MADE RECOMMENDATIONS TO CITY COUNCIL.

UM, AND THE BIG THING IS THIS IS THE MOST RECENT SLIDE THAT TEXTILE HAS GIVEN WITH REGARD TO TREES BEING REMOVED.

UM, 6 0 7 3 IS A HERITAGE TREE ABOVE 36 INCHES IN DIAMETER, UH, AT BREAST HEIGHT, UM, AND PART OF THE HISTORIC PECAN GROVE.

UM, AND, UH, A LOT OF DIFFERENT LEGAL CONSTRUCTS THAT COULD PROTECT THIS TREE

[00:05:01]

ARE BEING, UH, UM, IGNORED BY TXDOT.

UM, THERE ARE SEVERAL OPPORTUNITIES TO INTERVENE, UM, INCLUDING A LAWSUIT.

THIS IS THE LETTER FROM HISTORIC OR FROM THIS HISTORIC LANDMARK COMMISSION.

UM, ONE OF THE BIG ONES WAS THE PROGRAMMATIC AGREEMENT ENTERING IN WITH TXDOT AND ADVISORY COUNCIL OF HISTORIC PRESERVATION.

UM, IN THIS, IN THESE SLIDES ALSO ARE, UM, CONSIDERATIONS FOR THE DRAINAGE TUNNEL, UH, IN CAESAR CHAVEZ, UM, AND THE ENVIRONMENTAL, UH, IMPACT THAT THAT'S GOING TO HAVE.

UM, AND, UM, YEAH, I, I, I GUESS I WOULD JUST REALLY, I'M OPEN TO HAVING A CONVERSATION ABOUT THIS AND GOING MORE IN DEPTH, AND I DON'T KNOW WHAT THAT LOOKS LIKE, BUT THANK YOU FOR YOUR TIME.

THANK YOU SO MUCH.

THANK YOU.

WE HAVE THE, CAN WE REQUEST THE SLIDES FOR THE PRESENTATION TO BE SENT TO PLANNING COMMISSION ALONG WITH THE NAME OF THE SPEAKER AGAIN, PLEASE? YES, WE, THEM, THEY'RE IN THE BACKUP.

UH, NO, THOSE WERE, UM, SENT TO US, UM, AT 5 29.

UM, THE I'LL, UH, I'LL MAKE, I'LL RESEND IT TO YOU, COMMISSIONER AL.

YEAH, I DON'T SEE IT IN MY EMAIL BOX.

THANK YOU VERY MUCH.

APPRECIATE IT.

MM-HMM, .

THANK YOU.

SPEAKER.

YES.

DO WE HAVE OUR OTHER SPEAKERS? NO, OUR VIRTUAL SPEAKER IS NOT PRESENT.

SO THAT COMPLETES THE SPEAKERS ON PUBLIC COMMUNICATION.

OKAY.

THANK YOU.

[APPROVAL OF MINUTES]

MOVING ON TO OUR MINUTES.

THE FIRST ITEM ON THE CONSENT AGENDA IS THE APPROVAL OF MINUTES FROM THE REGULAR MEETINGS OF JULY 23RD, AUGUST 27TH, AND SEPTEMBER 10TH.

DOES ANYONE HAVE EDITS TO THOSE MINUTES? OKAY.

HEARING NONE, UM, THOSE MINUTES WILL BE, UM, ADDED TO THE CONSENT AGENDA AND I'M RECOGNIZING COMMISSIONER PHILLIPS FOR JOINING US THIS EVENING.

[Consent Agenda]

OKAY.

MOVING ON TO, UM, THE REST OF THE CONSENT AGENDA.

OUR FIRST ACTIVITY TODAY IS TO VOTE ON THE CONSENT AGENDA.

ITEMS THAT ARE CONSENT APPROVAL, DISAPPROVAL, POSTPONEMENTS OF PUBLIC HEARINGS, OR NON-DISCUSSION ITEMS. VICE CHAIR ZA 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 ITEMS TO BE PULLED FOR DISCUSSION.

VICE CHAIR.

THANK YOU CHAIR.

UM, I'LL START GOING THROUGH OUR, UH, PUBLIC HEARING ITEMS HERE.

SO OUR FIRST PUBLIC HEARING ITEM IS PLAN AMENDMENT ITEM NUMBER TWO, UH, NPA DASH 2023 DASH 0 7 0 1 ANDERSON SQUARE, DISTRICT FOUR.

THIS ITEM IS UP FOR APPLICANT POSTPONEMENT TO OCTOBER 22ND.

I NUMBER THREE IS THE REZONING ASSOCIATED WITH THAT C 14 DASH 2023 DASH EIGHT ZERO ANDERSON SQUARE, DISTRICT FOUR.

THIS ITEM IS ALSO FOR APPLICANT POSTPONEMENT TO OCTOBER 22ND.

I NUMBER FOUR IS A PLAN AMENDMENT NP DASH 2023 DASH 0 8 0 6 67 25 SHIRLEY AVENUE, DISTRICT FOUR.

THIS ITEM IS UP FOR STAFF POSTPONEMENT TO OCTOBER 8TH.

I NUMBER FIVE IS A REZONING ASSOCIATED REZONING C 14 DASH 2023 DASH 0 3 2 67 25.

SHE AVENUE DISTRICT FOUR.

THIS ITEM IS UP FOR STAFF POSTPONEMENT TO OCTOBER 8TH.

I NUMBER SIX IS A PLAN NPA DASH 2 24 DASH 0 0 2 0.01 EAST 30TH STREET, DISTRICT NINE.

THIS ITEM IS UP FOR STAFF POSTPONEMENT TO NOVEMBER 12TH.

I NUMBER SEVEN IS A REZONING, UH, C 14 DASH 2 24 DASH 0 0 9 11 700 METRIC BOULEVARD DISTRICT SEVEN.

THIS ITEM IS UP FOR CONSENT.

ITEM NUMBER EIGHT IS A REZONING C EIGHT 14 DASH 82 DASH ZERO 6.0 2 83 LAKE AUSTIN COMMON SPOT AMENDMENT DISTRICT NIGHT.

THIS ITEM IS UP FOR DISCUSSION WITH SOME COMMENTS FROM OUR STAFF.

I BELIEVE I NUMBER NINE IS A REZONING C EIGHT 14 DASH ZERO SIX DASH OH.

SORRY, I MEANT TO SAY CONSENT.

SO I, NUMBER EIGHT, REZONING C EIGHT 14 DASH 82 DASH ZERO 6.0 2 83 LAKE AUSTIN AMENDMENT IS UP FOR CONSENT WITH SOME COMMENTS FROM OUR STAFF TO READ INTO THE CONSENT AGENDA.

ITEM NUMBER NINE IS A REZONING C EIGHT 14 DASH 0 6 0 DASH 0 1 0 9 0.03, LAKE SHORE AMENDMENT NUMBER THREE.

THE ASSIGNMENT IS UP FOR APPLICANT INDEFINITE POSTPONEMENT, UH, AND WILL BE LIKELY FOR OCTOBER 8TH.

I NUMBER 10 IS A SITE PLAN CONDITIONAL USE S PC DASH 2 24 DASH 0 1 7 1 A 76 RAINY STREET, DISTRICT NINE.

THIS ITEM IS UP FOR CONSENT.

I NUMBER 11 IS ENVIRONMENTAL VARIANCE, SB DASH 2023 DASH 0 3 8 9 C.

THE DO A H DOMINION SAGE AT FRANKLIN PARK COUNCIL DISTRICT TWO.

THE SIGN 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.

THE SIGN IS UP FOR DISCUSSION TONIGHT.

[00:10:01]

AND CHAIR, THAT'S ALL OF OUR PUBLIC HEARING ITEMS. ALRIGHT, THANK YOU.

UM, MS. GARCIA, DO WE HAVE ANY SPEAKERS SIGNED UP ON ANY OF THE CONSENT ITEMS? YES.

CHAIR.

WE HAVE ONE SPEAKER SIGNED UP ON ITEM NUMBER 11.

AMANDA PADILLA.

SHE IS OUR PRIMARY SPEAKER IN OPPOSITION.

AMANDA, YOU'LL HAVE FIVE MINUTES CHAIR.

THAT'S OUR ONLY SPEAKER FOR THE CONSENT AGENDA.

OKAY.

AND, UM, LET'S HEAR FROM STAFF MR. TOMKO ON ITEM NUMBER EIGHT.

THIS IS THE LAKE AUSTIN COMMONS PUTT AMENDMENT.

UH, JONATHAN TOMKO WITH THE PLANNING DEPARTMENT.

UM, I JUST RECEIVED A, A FEW MINUTES AGO AN AGREEMENT, UH, WITH A CONDITION TO THE PUD THAT THE APPLICANT AND THE NEIGHBORHOOD ARE IN AGREEMENT TO.

UH, STAFF HAS GIVEN A PRELIMINARY REVIEW OF THAT DOCUMENT AND, UH, NOT SEE ANYTHING CONCERNING THAT CAN'T BE IRONED OUT.

SO PLANNING COMMISSION IS OPEN TO A RECOMMENDATION, UH, SUBJECT TO LAW REVIEW.

SO THAT'S HOW, UH, WE WANTED TO PUT THAT ITEM, UH, IF YOU'RE GONNA OFFER IT ON THE CONSENT AGENDA.

THANK YOU.

THANK YOU SO MUCH.

ALRIGHT.

DO WE HAVE ANY COMMISSIONERS THAT WANT TO PULL ANY OF THE CONSENT ITEMS FOR DISCUSSION OR OTHERWISE HAVE QUESTIONS OR COMMENTS ON THE CONSENT AGENDA? DON'T WANT TO PULL ONE, MADAM CHAIR, BUT I JUST WANT TO NOTE FOR THE RECORD THAT, UH, ITEM NUMBER SEVEN, IT'S RIGHT ON THE EDGE OF THE NORTH BURN GATEWAY, BUT YET AGAIN, WE ARE TAKING THE CITY'S SECOND DOWNTOWN AND PIECEMEALING YET AGAIN, ZONING AND NOT BUILDING DENTS AND NOT ADDING, UH, HEIGHTS TO WHAT SHOULD BE, UH, THE AREA, WHICH IS THE MOST ATTRACTIVE AREA IN THE CITY.

BUT I'M GONNA VOTE FOR IT 'CAUSE THAT'S WHAT WE'RE GONNA DO.

ALRIGHT.

THANK YOU COMMISSIONER HAYNES.

ANY OTHER COMMENTS, QUESTIONS? OKAY.

IS THERE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA IN THE MINUTES? I SEE.

SORRY, WHO IS THE I SEE COMMISSIONER JOHNSON.

I'LL, I'LL, I'LL MOVE TO CLOSE THE PUBLIC HEARING.

THANK YOU.

IS THERE A SECOND? COMMISSIONER WOODS.

ALL RIGHT.

UM, LET'S TAKE A VOTE.

ALL OF THOSE IN FAVOR.

OKAY.

YOU NAME US.

THANK YOU SO MUCH.

ALRIGHT.

UM, YES.

YES.

SO, UM, TONIGHT IS MARKS THE, THE LAST MEETING OF WHEN OUR, OF OUR COMMISSIONERS AS COMMISSIONER MOOSHER.

AND I WANTED TO PROVIDE SOME SPACE FOR COMMISSIONER MOER TO, UM, HAVE SOME REMARKS AND, AND JUST, UH, SAY GOODBYE AS THIS IS YOUR, YOUR LAST MEETING.

THANK YOU, CHAIR.

UM, I, UH, MY SECOND TERM WOULD BE COMING TO A CLOSE, UM, THIS SPRING, BUT I AM, I'M YIELDING TO A REPLACEMENT DUE TO SOME FAMILY THINGS THIS YEAR.

IT HAS BEEN AN HONOR AND A PRIVILEGE TO SERVE ON THE PLANNING COMMISSION FOR OUR CITY AND WITH FELLOW COMMISSIONERS.

I FIRST OF ALL WANNA THANK OUR STAFF.

THEY'VE, THEY PUT UP WITH A LOT AND THEY, AND THEY GIVE EVEN MORE.

UM, YOU GUYS DO A TERRIFIC JOB.

YOU DON'T HEAR IT ENOUGH.

IT'S A HARD JOB.

UM, THERE ARE DEFINITELY SOME SHINING STARS, AND I JUST WANNA GIVE KUDOS, UM, AND EXPRESS MY GRATITUDE FOR ALL THE SUPPORT FROM STAFF THAT HAVE GOTTEN ALONG THE WAY AND FOR PUTTING UP WITH ME.

UM, I WANNA THANK, UM, CURRENT COMMISSIONERS AND, AND PAST COMMISSIONERS WHEN I CAME ON.

UM, I AM VERY GRATEFUL TO PREVIOUS COMMISSIONER SHAW FOR, FOR HIS HELP IN GETTING ME GOING INTO PREVIOUS COMMISSIONER, UM, JAMES SHEA FOR REALLY GETTING ME ONBOARDED.

AND ALSO, UM, VICE CHAIR, UM, AZAR, WHO HELPED ME OUT TREMENDOUSLY.

UM, WE HAD SOME AS, AS A, AS A BODY, THE PAST BODY PRIOR TO THIS ONE, WE HAD, UM, GREAT DISCUSSIONS AND GREAT WORKING GROUPS.

UM, I WAS VERY OPTIMISTIC AT THAT TIME ABOUT WHAT PLANNING COMMISSION COULD ACCOMPLISH.

AND I, I KIND OF FEEL LIKE I'VE SEEN THAT MAYBE, MAYBE START TO UNRAVEL A LITTLE BIT.

I HOPE THAT WILL COME BACK TOGETHER.

THE, THE BODY REALLY SHOULD BE OPEN TO THE PUBLIC AND THE PUBLIC INPUT.

THE BODY SHOULD BE OPEN TO THE VARYING VIEWPOINTS ACROSS THE CITY.

AND I THINK WE DO IT BEST WHEN WE STRIKE THE COMPROMISES, UM, THAT END UP SERVING THE GREATEST NUMBER OF RESIDENTS ACROSS THE CITY.

UM, MY BIGGEST CONCERN FOR PLANNING COMMISSION IS WHAT

[00:15:01]

I LOVINGLY REFER TO AS A LACK OF PLANNING.

UM, I, I KEEP COMING BACK TO THE NEEDS FOR AREA PLANS BECAUSE OUR CITY HAS SUCH VARIED TOPOGRAPHY, SUCH VARIED HISTORY, UM, AND SUCH VARYING NEEDS THAT IT BECOMES VERY DIFFICULT TO ADDRESS THAT WITH BROAD SWEEPING REGULATIONS THAT, YOU KNOW, HAVE POTENTIAL POSITIVE EFFECTS IN ONE AREA AND UNINTENDED NEGATIVE EFFECTS IN ANOTHER.

SO I HOPE WE'LL SEE THAT.

AND I HOPE THAT THE COUNCIL'S DECISION TO SIDELINE THE SOUTHWEST, UM, OR THE SOUTH CENTRAL WATERFRONT.

I KNOW I WAS, HAD A LOT OF CONCERN ABOUT IT.

I KNOW THERE WERE A LOT OF PEOPLE THAT WERE ACTIVELY, UM, EXCITED ABOUT IT AND PROPONENTS OF IT, BUT I, I HOPE NOW THAT THEY'RE KIND OF FACING US, THAT BACK, THAT EVERYBODY WILL COME BACK TOGETHER AND UNDERSTAND THE IMPORTANCE OF THAT KIND OF PLANNING, UM, ACROSS OUR, OUR CITY.

UM, THIS IS KIND OF A, A SLIGHT HIATUS, AND I HOPE TO BE BACK AND SERVING AGAIN IN THE NEAR FUTURE.

UM, AND AGAIN, MY GRATITUDE AND THANKS FOR THIS OPPORTUNITY AND FOR THE FOLKS I'VE GOTTEN TO GET TO KNOW AND, AND THE GREAT CONVERSATIONS WE'VE HAD AND, AND SOME OF THE HEATED DEBATES TOO.

THOSE ARE FUN TOO.

THANK YOU.

THANK YOU COMMISSIONER MO AND WE'LL REALLY MISS YOUR, YOU ON YOUR SERVICE HERE.

AND I THOUGHT YOU BROUGHT TO LIGHT SOME REALLY IMPORTANT ENVIRONMENTAL, UM, CONCERNS AND QUESTIONS.

AND SO, UM, I KNOW YOU'LL BE MISSED.

YES.

VICE CHAIR, CHAIR, I MIGHT SAY A FEW WORDS.

I DO WANNA THANK COMMISSIONER AL FOR HER SERVICE AND, UM, SERVICE FOR MANY YEARS AT THIS POINT.

YOU'RE ONE OF THE OLDEST SERVING COMMISSIONERS ON HERE.

UH, WE TALK ABOUT NEW ONES AND NOT OLDEST IN THE OTHER SENSE.

UM, BUT WITH THE CLARIFICATION THAT HONESTLY, I I, I'VE SAID IT FOR YEARS NOW, HAVING SERVED ON THIS BODY THERE, WHETHER WE AGREE OR DISAGREE, THERE'S A CERTAINTY OF CAMARADERIE, OF BEING ON THIS TAUS.

AND FOR THE AMOUNT OF TIME THAT WE SPEND WITH EACH OTHER, DEBATING WITH EACH OTHER, TALKING TO EACH OTHER, LISTENING TO EACH OTHER.

UM, AND I FEEL LIKE THAT SORT OF FRATERNITY OF COMMISSIONERS LIVES ON FOREVER.

LIKE YOU WERE SAYING.

WE HAVE COMMISSIONERS WHO HAVE NOW STEPPED OFF THAT WE KEEP UP WITH REGULARLY, IF THERE'S NOTHING ELSE, JUST AS FRIENDS.

AND I JUST WANT TO THANK YOU FOR YOUR COMMITMENT TO YOUR DISTRICT, YOUR COMMITMENT TO REPRESENTING FOLKS WITH DIFFERENT OPINIONS, YOUR COMMITMENT TO, YOU KNOW, BEING PART OF THESE CONVERSATIONS AND SOLUTIONS.

SO I JUST WANNA THANK YOU FOR THE VERY SIGNIFICANT SERVICE THAT YOU'VE PUT IN.

THANK YOU CHAIR.

AW, THANKS TO THE VICE CHAIR FOR CLARIFYING OLD .

ALRIGHT.

ALL RIGHT.

UM, WELL,

[12. LDC Amendment : C20-2023-026 - Live Music and Creative Space Bonus Phase 2]

LET'S MOVE ON TO OUR CASE THAT WE'RE HEARING.

THIS EVENINGS IS ITEM NUMBER 12, THE LIVE MUSIC AND CREATIVE SPACE BONUS.

UM, ALRIGHT.

WE'LL HEAR FROM MR. DONALD JACKSON.

UH, GOOD EVENING.

UH, DONALD JACKSON WITH THE ECONOMIC DEVELOPMENT DEPARTMENT.

UM, I HAVE A PRESENTATION I THINK IN THE BACKUP.

OKAY.

UH, I'M HERE TONIGHT TO PRESENT THE LIVE MUSIC VENUE CREATIVE SPACE REGULATORY INCENTIVES PHASE TWO PROPOSAL, UH, FROM OUR DEPARTMENT.

OH, CAN I USE THIS THING? YEAH.

GREAT.

UM, THIS WAS, UH, INITIATED THROUGH THE RESOLUTION CITED HERE, UH, BACK IN 2022.

THAT, IN THAT, UH, DIRECTED OUR DEPARTMENT TO DEVELOP, UH, CRITERIA TO BE A LIVE MUSIC VENUE, UH, UH, REFINE CREATIVE SPACE, LAND USE DEFINITIONS.

THOSE ARE THE THINGS WE WORKED ON LAST YEAR.

UH, AND THEN THE SECOND PHASE OF THAT WAS REALLY, UH, DEVELOPING SOME SORT OF INCENTIVE AND DISTRICT-BASED POL UH, ZONING POLICY TO SUPPORT, UH, CREATIVE SPACES.

UH, AND AS YOU CAN SEE HERE, DIVERSIFY, SUSTAIN AND CULTIVATE THE CITY'S CULTURE, MUSIC AND ARTS COMMUNITIES AND INDUSTRIES.

THIS WAS REINFORCED IN THE RESOLUTION SITE AT THE BOTTOM THAT REDIRECTED US TO, UH, I BELIEVE THAT MIGHT HAVE BEEN RELATED TO THE PALM DISTRICT.

BUT, UH, ADDITIONAL DIRECTION FROM COUNCIL IN THE CONTEXT OF THAT, UH, DIRECTED US TO, UH, JUST REINFORCE THAT, UH, DEVELOP LEC AMENDMENTS WITH INCENTIVES FOR CULTURAL SPACE PRESERVATION AND CREATION BY SPRING 2024 AND BRING AN ORDINANCE, ESTABLISHING A CULTURAL DISTRICT OVERLAY, UH, INITIATED IN THOSE TWO RESOLUTIONS BY 2024.

SO THE GOAL WE HAVE HERE TO IS THAT TO MEET THIS TIMELINE, UH, WAS NOT TO DEVELOP SOME SORT OF TOP-DOWN, UH, PRESCRIPTIVE IDEA OF WHERE EVERY KIND OF CULTURAL DISTRICT SHOULD BE.

INSTEAD, IT WAS TO DEVELOP AN UNMAPPED CITYWIDE DISTRICT, UH, THAT DOESN'T, UH, A PAPER DISTRICT

[00:20:01]

THAT DOESN'T, UH, CONFER ANY IMMEDIATE CHANGES TO ANY PROPERTY ZONING, UH, THROUGH THE ADOPTION.

BUT REALLY JUST TO CREATE A PROCESS AND A, A ZONING STRING THAT CAN BE ZONED INTO BY PROPERTY OWNERS IN THE FUTURE.

UH, THIS ALSO HAS SORT OF A DISTRICT APPROACH, SIMILAR TO HISTORIC DISTRICTS, UH, TO ENSURE THAT WHAT WE'RE REALLY TALKING ABOUT ARE, UH, CLUSTERS OR CONCENTRATIONS OF CREATIVE SPACES OR VENUES.

UH, SO THERE'S GONNA BE, THERE ARE MINIMUM SIZE REQUIREMENTS.

THERE'S MINIMUM, UH, REQUIREMENTS FOR CONTRIBUTING SITES AND STRUCTURES.

WE PRESENTED THIS TO THE ARTS COMMISSION, UH, BACK IN MARCH.

UH, THEY'VE ENDORSED IT.

WE PRESENTED TO THE CODES AND ORDINANCES JOINT COMMISSION ALSO IN MARCH, UH, THE MUSIC COMMISSION IN APRIL.

AND, UH, WE ARE HERE TONIGHT.

AND, UH, IF IT IS APPROVED, WE WILL GO TO THE, UH, CITY COUNCIL HEARING ON OCTOBER 10TH.

IN TERMS OF THE FRAMEWORK FOR, FOR THIS DISTRICT, UM, WE REALLY, AS I SAID, WE REALLY WANTED TO JUST CREATE A PROCESS OR BE AUTHORIZED TO DEVELOP A PROCESS THAT CAN BE UNDERTAKEN THROUGH REZONING PROCESS DRIVEN BY PROPERTY OWNERS WORKING WITH, UH, THE COMMUNITY WITH SOME OVERSIGHT THROUGH THE, BY THE PLANNING HOUSING AND ECONOMIC DEVELOPMENT DEPARTMENTS.

UH, THE FOCUS OF THIS TYPE OF DISTRICT WOULD BE TO PROMOTE, UH, NEW CREATIVE SPACES OR TO PRESERVE EXISTING ONES, TO KIND OF, TO ENSURE THAT THIS DOESN'T, UH, HAVE EXCESSIVE CONFLICTS WITH OUR EXISTING DENSITY BONUS PROGRAMS, UM, THAT ARE MORE AVAILABLE CITYWIDE AND RELATED TO HOUSING.

THERE'S SOME STANDARDS TO ENSURE THAT, YOU KNOW, THESE ARE REALLY LIMITED TO THOSE AREAS.

THAT THAT MAKES SENSE.

UH, SO THERE'D BE A MINIMUM REQUIREMENT OF THREE ACRES FOR THIS TO OCCUR.

UH, IT COULD BE APPLIED TO MULTIPLE PARCELS AT THE SAME TIME THROUGH A DISTRICT PROCESS, BUT THERE'D STILL BE THIS MINIMUM SIZE REQUIREMENT IN TOTAL.

UM, IT HAS TO BE IN MAJORITY COMMERCIAL AREAS, SO NOT IN RESIDENTIAL AREAS.

AND THERE'S A MINIMUM REQUIREMENT OF 25% OF THE SITES OR SITE IN THE PROJECT TO BE CONTRIBUTING IN THE SENSE THAT THEY ARE, UH, CREATIVE SPACE USES, UH, APPLICATIONS WOULD REQUIRE PRIOR COORDINATION AND ORGANIZING AMONG STAKEHOLDERS.

UH, AGAIN, ONE MORE TIME.

IT'S A TOOL FOR, UH, CREATIVE SPACE USERS TO SELF ORGANIZE THIS.

NOT SOMETHING THAT WE WOULD BE JUST, UH, DECIDING TOP DOWN AND THEN THROUGH THE REZONING, UH, OR THROUGH THAT PROCESS, ANY SPECIFIC DISTRICT WOULD GO THROUGH A REZONING PROCESS AND SUBJECT TO NORMAL PUBLIC HEARING REQUIREMENTS WITH, UH, AMPLE OPPORTUNITY FOR COMMUNITY ENGAGEMENT.

HMM.

WHAT'S, WHAT'S GOING ON THERE? THERE WE GO.

OKAY.

THE PARAMETERS OF THIS, UH, WOULD ALLOW IN RETURN FOR THE PROVISION OF AFFORDABLE CREATIVE SPACE, UH, ESSENTIALLY MODELED ON DB 90, SO 30 FEET ADDITIONAL HEIGHT, UH, TO UP TO A MAXIMUM 90 FEET.

UH, SO POTENTIAL INCREASE IN FAR, DEPENDING, WHICH, DEPENDING, ESPECIALLY IN COMMERCIAL PROPERTIES, FAR CAN BE MORE OF A LIMITING FACTOR THAN THAN HEIGHT.

UM, A WAIVING OF MINIMUM SITE REQUIREMENTS PARALLEL TO THE DB 90 FRAMEWORK, UH, IN RETURN FOR THIS AFFORDABLE SPACE WOULD BE REQUIRED FOR CREATIVE SPACES.

WE'D BE USING A STANDARD OF 50% OF, UH, RETAIL, COMMERCIAL, UH, REAL ESTATE MARKET, UH, OR A STABILIZED, UH, LEASE TO REVENUE RATIO BASED ON INDUSTRY AVERAGES.

THAT'S A TYPICAL WAY OF, UH, DOING, UH, COMMERCIAL, UH, OF, UM, UH, PRICING COMMERCIAL LEASES, UH, FOR CERTAIN TYPES OF, UH, CERTAIN TYPES OF COMMERCIAL PRODUCTS, BUT GENERALLY NOT, UH, CREATIVE SPACES.

SO THAT WOULD JUST ALLOW US TO APPLY THAT THERE WOULD BE A ANNUAL RENT ESCALATION CAP.

THIS IS ALSO A STANDARD FEATURE OF COMMERCIAL LEASES BECAUSE THOSE TEND TO BE MULTI-YEAR.

UH, SO, UH, 5% IS ACTUALLY A STANDARD RATE.

SO IT'S, IT'S, UH, WE, WE WANT TO KEEP THIS SORT OF REASONABLE.

UM, WE ALSO HAVE A MINIMUM 10 YEAR AFFORDABILITY PERIOD REQUIRED FOR THIS.

UH, THERE WOULD ALSO BE THE POTENTIAL FOR A FEE IN LIEU OPTION.

THIS IS INTENDED TO SUPPORT, UH, TO ENSURE THAT IF, UH, IT COULD BE APPLIED STILL WITHIN A CREATIVE DISTRICT, BUT, UH, CERTAIN TYPES OF CREATIVE SPACES DON'T NECESSARILY MAKE SENSE IN LARGE BUILDINGS OR MULTI-STORY BUILDINGS.

I THINK LARGE MUSIC VENUES, FOR EXAMPLE.

UH, SO WE WANT TO BE ABLE TO HAVE THE OPPORTUNITY TO, UH, PRESERVE OR CREATE THOSE CUSTOM TYPES SPACES WITHIN A CULTURAL DISTRICT AND HAVE PROJECTS GO TO SUPPORT THAT.

AND, AND FINALLY, JUST KIND OF, UH, SOME OVERVIEW OF THIS BECAUSE SOME OF THE DIRECTION FROM THE COMMISSION AND FROM COUNCIL AROUND THIS HAD REFERRED SPECIFICALLY MORE TO THE RED RIVER CULTURAL DISTRICT.

UM, THAT

[00:25:01]

IS ONE WE'VE WORKED WITH QUITE A BIT ON THIS.

UM, IT'S A LITTLE BIT DIFFERENT THE, BECAUSE THERE, THE RED RIVER CULTURAL DISTRICT FALLS CURRENTLY UNDER THE DOWNTOWN DENSITY BONUS.

SO WHAT WE DISCUSSED WAS DEVELOPING A SUB-DISTRICT OF THE DOWNTOWN DENSITY BONUS, UH, THAT COULD BE, UH, APPLIED TO RED RIVER.

THAT WAS, UH, ORIGINALLY IN THIS, UM, PROPOSAL IN ORDINANCE.

UH, BUT SOMEONE ELSE BEAT US TO IT.

SO THERE'S A RESOLUTION ON IN JULY THAT INITIATED THE CREATION OF A CULTURAL SUBDISTRICT FOR RED RIVER.

SO, UH, WE CAN'T REINITIATE IT TWICE, BUT WE WILL BE PARTICIPATING AND SUPPORTING THAT AS IT MOVES FORWARD.

AND, YOU KNOW, WE WOULD RECOMMEND IMPLEMENTING SIMILAR FEATURES OF THAT PROJECT, UH, AS WE HAVE IN, AS WE'RE PROPOSING IN THE, UH, CREATIVE SPACE DENSITY CITY BONUS DISTRICT.

AND, UH, UH, HAPPY TO ANSWER ANY QUESTIONS.

ALRIGHT.

THANK YOU SO MUCH MR. JACKSON.

AND I UNDERSTAND WE DON'T HAVE ANY OTHER SPEAKERS.

CORRECT.

OKAY.

LET'S VOTE TO CLOSE THE PUBLIC HEARING.

ALRIGHT.

SEE THE MOTION BY COMMISSIONER WOODS FOR SECOND, UM, VICE CHAIR SECOND, UNLESS THERE'S OPPOSITION THAT PASSES.

ALRIGHT.

AND RECOGNIZING, UM, BOARD OF ADJUSTMENTS, CHAIR COHEN.

ALRIGHT, LET'S DIVE INTO OUR QUESTIONS.

SO WHO HAS THE FIRST QUESTION? MR. WOODS? THANK YOU CHAIR.

MR. JACKSON.

THANK YOU FOR THE PRESENTATION.

I'M WONDERING HOW THAT THREE ACRE MINIMUM SIZE THRESHOLD WAS DETERMINED.

THAT WAS SOMETHING WE WORKED ON WITH COLLEAGUES IN THE PLANNING AND HOUSING DEPARTMENTS.

WE WANTED TO MAKE SURE THAT, UH, SOMETHING WAS SORT OF THAT A, THAT, UH, A PROJECT OR, UM, A DISTRICT APPLICATION WAS LARGE ENOUGH TO REALLY REPRESENT A CLUSTER OR CONCENTRATION OF CULTURAL AND MUSIC SPACES TO, FOR AND TO HELP MAKE SURE THAT DIDN'T GET KIND OF APPLIED PIECEMEAL AND EAT INTO, UH, OR COMPETE WITH OUR AFFORDABLE HOUSING BASED DENSITY BONUSES.

SO THREE ACRES IS, IS, IS MORE, IS MORE OR LESS SIMILAR TO A KIND OF STANDARD CITY BLOCK SIZE.

SO WE'VE KEPT A MINIMUM ONE BLOCK.

WE ALSO CHECKED IT AGAINST SOME EXISTING EXAMPLES WE HAVE IN THE CITY OF LARGE ARTS COMPLEXES AND THINGS LIKE THAT.

AND TO SORT OF FIT THAT SIZE AND THAT SIZE IS IN LINE WITH SOME OF OUR EXISTING CULTURAL AND CREATIVE SPACES IN THE CITY.

YEAH, THAT'S CORRECT.

FOR, FOR EXAMPLE, UH, I CHECKED THE, UM, THE CANOPY MUSEUM OF HUMAN ACHIEVEMENT, THAT DISTRICT ON SPRINGDALE AND SOME OF THE SPRINGDALE AREA, UH, CREATIVE SPACE, UH, CLUSTERS.

THOSE ARE LIKE GOOD, THOSE ARE GOOD EXAMPLES OF THE SORT OF THING THAT WE'D WANT TO BE ABLE TO, UH, SUPPORT IN TERMS OF SCALE AND THOSE, THOSE FIT IN THAT PARAMETER.

THAT'S HELPFUL.

THANK YOU.

AND HOW IS IS, I ASSUME THE 25% MINIMUM, YOU KNOW, PERCENTAGE OF CREATIVE SPACE THRESHOLD WAS, IS SIMILARLY IN LINE WITH SOME OF THOSE EXISTING SPACES? WELL, THOSE ARE, THOSE ARE MUCH, THOSE ARE MUCH HIGHER.

WE WANTED TO HAVE A MINIMUM THAT WAS ACHIEVABLE AND AND REASONABLE WITHIN THE CONTEXT OF THE DENSITY BONUS PROVIDED.

UH, SO 25, UH, WHEN WE DID SOME CALIBRATION THAT, THAT SORT OF BALANCED OUT WITH THE ADDITIONAL, UH, HEIGHT AND ENTITLEMENT SINCE IT, IT IS ONLY KIND OF A TWO STORY, UH, BOOST.

WE WANTED TO MAKE SURE IT DIDN'T, UM, IT, IT WAS FEASIBLE WITHIN DEVELOP WITHIN A DEVELOPMENT PROFORMA.

SURE.

AND THEN YOU TOUCHED ON THIS BRIEFLY TALKING ABOUT THE SIZE THRESHOLD, BUT DOES THIS HAVE THE POTENTIAL TO CONFLICT WITH SOME OF OUR AFFORDABLE HOUSING DENSITY BONUS PROGRAMS? I CAN IMAGINE THAT THIS IS MAYBE A MORE AFFORDABLE WAY TO GET THAT ADDITIONAL HEIGHT THAN BUILDING AFFORDABLE UNITS ON SITE.

YEAH, WE, WE'VE PUT A LOT OF PARAMETERS INTO THIS TO HELP MAKE SURE THAT THAT WOULD NOT HAPPEN OR WOULD BE MINIMIZED.

SO FOR EXAMPLE, UH, IT'S ONLY AVAILABLE IN MAJORITY COMMERCIAL AREAS CURRENTLY, WE HAVE SOME REQUIREMENTS FOR EITHER PRE-EXISTING OR PLANNED, UH, CONTRIBUTING SITES.

SO THERE HAS TO ALREADY BE, SO, YOU KNOW, GENERALLY SPEAKING, THERE'D NEED TO ALREADY BE SOME CLUSTERS OF CREATIVE OR SPACES OR MUSIC VENUES.

UH, WE HAVE, UH, AND, AND THEN THE PROCESS THAT WILL BE DEVELOPED, UM, IN COLLABORATION WITH THE HOUSING AND PLANNING DEPARTMENTS UPON APPROVAL, UH, HOUSING WILL BE ABLE TO, THE HOUSING DEPARTMENT WILL BE ABLE TO VET AND REVIEW ANY PROJECT GOING FORWARD.

THANK YOU.

THAT'S, THAT'S HELPFUL.

AND THEN I THINK YOU TOUCHED ON THIS, BUT I'M SORRY, I'M GONNA ASK YOU TO REPEAT IT.

CAN YOU TALK ABOUT THE MECHANISMS IN PLACE THAT ENSURE THAT THESE SPACES REMAIN AFFORDABLE LONG TERM? THE, THE MECHANISM WOULD BE SOME SORT OF LEASE OR, UH, SOME SORT OF LEASEHOLD COVENANT, AND THAT WOULD BE, UM, THE LENGTH OF DURATION WE'RE LOOKING FOR.

AND THIS IS 10 YEARS THAT WOULD BE COMPARABLE TO, WHAT ARE, ARE THE AFFORDABILITY?

[00:30:01]

WELL, THAT WOULD BE COMPARABLE TO THE COMMUNITY BENEFIT TERMS WE HAVE FOR OTHER TYPES OF, UH, DENSITY, BONUS BASED COMMUNITY BENEFITS, UH, IN THE CITY THAT AREN'T HOUSING, HOUSING IS THE AFFORDABLE HOUSING IS THE, THE ONLY ONE THAT HAS GENERALLY MUCH LONGER PERIODS OF, UH, COMMUNITY BENEFIT, UM, COMPLIANCE.

OUR OTHER PROGRAMS TEND TO BE 10 YEARS OR SO.

UNDERSTOOD.

THANK YOU MR. JACKSON.

CHAIR.

THAT'S ALL MY QUESTIONS.

ALRIGHT, THANK YOU.

OTHER QUESTIONS? COMMISSIONER COX AND THEN COMMISSIONER JOHNSON.

I'M, I'M TRYING TO UNDERSTAND THIS, UM, MAJOR MAJORITY COMMERCIAL AREAS WITH A MINIMUM SIZE OF THREE ACRES WITH, WITH THE PASSING OF RESIDENTIAL AND COMMERCIAL, HOW ARE YOU, HOW ARE YOU EVEN TRYING TO DEFINE MAJORITY COMMERCIAL AREAS? IT WOULD BE, IT WOULD BE RELATED TO THE BASE ZONE OR IF, I MEAN, IF, IF IT HAD ALREADY BEEN TURNED INTO, IF IT HAD ALREADY HAD A, A RESIDENTIAL ZONING STRING ATTACHED TO IT, THAT WOULD CERTAINLY BE MORE OF A RESIDENTIAL ZONE.

BUT E ESSENTIALLY BE PLACES THAT HAVE BASE ZONINGS OF COMMERCIAL OR INDUSTRIAL WITHOUT ADDITIONAL ADJUSTMENTS.

SO THE DOZENS OF LI PDA CASES WE'VE PASSED TO GET RESIDENTIAL AND INDUSTRIAL AREAS, THAT'S GONNA QUALIFY AS A MAJORITY COMMERCIAL AREA.

I DON'T BELIEVE THOSE WOULD QUALIFY IF THEY'VE ALREADY BEEN, IF THEY'VE BEEN PASSED TO INCLUDE RESIDENTIAL, IF YOU'RE TALKING ABOUT PDA SPECIFICALLY.

YEAH.

I'M JUST CURIOUS HOW THE HECK YOU'RE GONNA DO THAT.

UM, SINCE, SINCE RESIDENTIAL IS ALLOWED IN COMMERCIAL, YOU'D ALMOST HAVE TO LIKE GO TO THE BUILDING PERMITS AND FIGURE OUT WHAT THEY'RE PERMITTED IN TERMS OF USE RATHER THAN ZONING.

SINCE OUR ZONING HAS KIND OF BEEN RELATED TO COMMERCIAL, BEEN KIND OF NOT BLOWN UP, BUT IT'S BEEN EXPANDED QUITE A LOT IN TERMS OF ITS, IF ITS, UH, ALLOWABLE USES.

UM, SO I'M A LITTLE, I'M A LITTLE CONCERNED ABOUT THAT.

UH, SORRY, DID YOU HAVE A RESPONSE? UH, THAT'S AN, THAT'S AN INTERESTING QUESTION.

I, I GUESS MY UNDERSTANDING WAS RESIDENTIAL AND COMMERCIAL HAD BEEN ADJUSTED AND REPLACED BY OTHER ZONING PROGRAMS THAT ARE, THAT REQUIRE REZONINGS.

BUT IF, IF I'M MISTAKEN ON THAT, UM, AGAIN, WE'D BE TALKING ABOUT PLACES THAT ARE, YOU KNOW, IF, IF IF THERE IS A SITUATION WHERE, UH, A PROPERTY HAS BEEN ALREADY BEEN REZONED TO ACCOMMODATE RESIDENTIAL, THEN THAT WOULD BE OUT, YOU KNOW, THAT WOULD NOT CONTRIBUTE.

UM, AND I'M CURIOUS ABOUT THE CREATIVE SPACE DEVELOPMENT BONUS PROVISIONS THAT THE, THE, THE AFFORDABILITY PERIOD IS QUITE MINIMAL AT 10 YEARS.

I MEAN, THAT'S SHORTER THAN MOST LOANS THAT ARE BEING USED TO FUND THESE DEVELOPMENTS.

UM, BUT YET THE, THE DEVELOPMENT BONUS IS VERY PERMANENT.

SO I'M JUST CURIOUS WHY WE COULDN'T TARGET SOMETHING LIKE A 30 YEAR AFFORDABILITY REQUIREMENT OR SOMETHING MORE? THAT'S A GOOD QUESTION.

WHENEVER WE WERE DEVELOPING THIS, UH, WITH OUR COLLEAGUE, WHENEVER WE WERE DEVELOPING THIS IN TERMS OF THE INTERNAL DISCUSSION WITH, UH, COLLEAGUES IN THE PLANNING AND HOUSING DEPARTMENTS, THEY, THERE, THE RECOMMENDATIONS WE RECEIVED WERE TO, AND THE LEGAL DEPARTMENT WERE REALLY TO FOCUS, SINCE THIS IS NOT A RESIDENTIAL, AND IT'S MORE IN LINE WITH THINKING ABOUT OUR, THE OTHER COMMUNITY BENEFITS THAT HAVE BEEN ACHIEVED THROUGH DENSITY BONUSES.

UM, THOSE ARE SHORTER TERM LIMIT.

THOSE ARE, THOSE ARE GENERALLY MUCH SHORTER TERM THAN THE AFFORDABLE HOUSING REQUIREMENTS.

SO THIS WAS MEANT TO BE MORE CONSISTENT WITH THAT.

WE DO HAVE ADDITIONAL PROGRAMS MY DEPARTMENT IS WORKING ON THAT ARE BASED ON, UH, TAX REIMBURSEMENTS AND TAX INCENTIVES THAT ARE A LITTLE MORE FLEXIBLE THAT WE CAN, THAT CAN BE APPLIED FOR LONGER TERMS FOR AFFORDABILITY.

AND, BUT YOU KNOW, THERE'S, THIS IS PART OF JUST TRYING TO CALIBRATE SOMETHING THAT IS, SINCE THIS WILL ALREADY BE, YOU KNOW, A PRETTY MEANINGFUL PROCESS THAT CAN ONLY BE APPLIED IN LIMITED AREAS, WE WANTED TO MAKE SURE THAT THIS IS SOMETHING DEVELOPERS COULD ACTUALLY ACHIEVE.

AND, AND IF I HAVE ANY TIME LEFT, IT DID, DOES STAFF HAVE ANY ABILITY AT THE MOMENT TO ACTUALLY EFFECTUATE AND ENFORCE THIS? OR ARE WE TALKING ABOUT LIKE CREATING KIND OF A WHOLE NEW HOUSING DEPARTMENT, BUT FOR AFFORDABLE COMMERCIAL SPACE? WE, WELL, I'M IN THE ECONOMIC DEVELOPMENT DEPARTMENT, SO THE DEPARTMENT EXISTS, UH, AND WE CAN WORK WITH OUR COLLEAGUES IN THE PLANNING AND HOUSING DEPARTMENT ON THESE TYPES OF PROJECTS TO, UH, TO INTEGRATE WITH, WITH THOSE PROCESSES.

AND IF I HAVE ANY SECONDS LEFT, CAN YOU JUST GIVE US KIND OF A GENERAL IDEA OF WHAT YOU THINK THESE CREATIVE SPACES ACTUALLY IN THE REAL WORLD ARE? WHAT, WHAT THEY'RE, WHAT THEY CONTAIN, WHAT THEY'RE DOING, WHAT THEY'RE SELLING.

JUST KIND OF GIVE US A, A LIST OF WHAT YOU THINK COULD ACTUALLY GO INTO THESE SPACES.

SURE THING.

[00:35:01]

I BELIEVE IN THE ORDINANCE, WE, WE LIST WHAT TYPES OF ELIGIBLE CREATIVE SPACE USES THERE ARE.

SO, UH, MUSIC VENUES, PERFORMANCE VENUES, THEATERS, ART WORKSHOPS, ART GALLERIES.

UH, I, THERE'S A CATEGORY IN THERE THAT ACCOMMODATES, UH, UH, MUSIC, DANCE AND ART STUDIOS.

UH, I BELIEVE THOSE WERE THE MAIN ONES.

OKAY.

THANK YOU.

ALL RIGHT.

YOU HAD 15 SECONDS LEFT.

COMMISSIONER COX, COMMISSIONER JOHNSON.

YEAH.

THANK YOU.

UH, I'M CURIOUS WHAT SORT OF CALIBRATION YOU'VE DONE OR, OR TESTING OR MODELING YOU'VE DONE.

I KNOW A LOT OF THE DENSITY BONUS PROGRAMS HAVE BEEN SORT OF PRETTY HEAVILY TESTED WITH CONSULTANTS AND OTHERS.

UM, DO YOU HAVE A SENSE THAT THIS PROGRAM WILL ACTUALLY BE USED ONCE IT'S ADOPTED? THAT'S A GOOD QUESTION.

I THINK, I THINK THERE'S A LEVEL OF COMPLEXITY HERE, AND THIS IS A NOVEL PROGRAM, SO I THINK IT'LL TAKE SOME TIME TO REALLY SEE IF THIS WILL WORK.

AND IT IS QUITE POSSIBLE THAT THERE'LL NEED TO BE KINKS THAT WORK OUT IN THE FUTURE THERE.

THIS ISN'T THE SORT OF, THIS ISN'T THE SORT OF PROGRAM THAT WE'VE DONE, UH, IN AUSTIN BEFORE.

IT'S NOT ONE THAT THERE'S A LOT OF PRECEDENT FOR IN THE CITY, OR EXCUSE ME, IN THE STATE OF TEXAS.

EVEN THERE ARE EXAMPLES OF THIS IN OTHER PARTS OF THE COUNTRY THAT ARE SIMILAR, BUT STILL STILL QUITE DIFFERENT.

SO I THINK THAT THAT'S SOMETHING THAT WE ARE OPEN TO, UH, TO TRYING AND, AND REVISING IF WE NEED IN THE FUTURE.

BUT IN TERMS OF CALIBRATION, UH, UH, MOSTLY INTERNAL RUNNING OF PROFORMAS.

UH, WE WERE SORT OF DIRECTED TO DO THIS WITH COUNCIL, BUT THERE WASN'T AN ADDITIONAL DIRECTION OR FUNDING FOR CONSULTANT REVIEWS OR THINGS LIKE THAT.

SO, UM, INTERNALLY WE RAN PROFORMAS, DID SOME BASIC MODELING OF BUILDINGS LOOKING AT, UM, LEASE RATES AND SIZES AND, AND IT, AND IT DEFINITELY BALANCED OUT.

SO THAT BEING SAID, YOU KNOW, THE, THE REAL ESTATE MARKET IS, YOU KNOW, A LITTLE TUMULTUOUS NOW.

SO I THINK PROBABLY WE'RE NOT GONNA REALLY KNOW UNTIL THINGS STABILIZE IN THE NEXT FEW MONTHS.

AND IS THERE ANY INTENT TO, UM, FOLLOW THAT, THAT SORT OF FIRST PERIOD OF FIGURING OUT IF THIS WORKS OR NOT FOLLOWING THAT UP AS PART OF THE ONGOING EFFORT THAT THE CITY'S DOING A SORT OF COMPREHENSIVE EVALUATION OF, OF DENSITY BONUS PROGRAMS? I KNOW THAT PROJECT IS ALREADY ONGOING.

IS THAT AFFILIATED WITH THIS AT ALL OR ARE THOSE TOTALLY SEPARATE? IT THAT PRO, THAT PROCESS IS BEING MANAGED BY THE, THE PLANNING DEPARTMENT.

SO IT'S SEPARATE, BUT AS, AS A NEW DENSITY BONUS PROGRAM, THIS WOULD BE, UH, CONSIDERED AND INCORPORATED AND, AND, AND PART OF THAT EVALUATION.

GREAT.

AND, UM, SO THINKING ABOUT USES THAT ARE ALLOWED IN THESE, THESE DISTRICTS, SO COMMERCIAL DISTRICTS, LI OTHER INDUSTRIAL DISTRICTS, UM, OBVIOUSLY THERE'S PROVISIONS IN THE ORDINANCE AS DRAFTED TO PREVENT ESTABLISHING THE, THE BONUS DISTRICTS IN PLACES THAT ALREADY HAVE HOUSING DEVELOPED.

UH, I THINK IT, IT COULD SET THAT LIMIT AT 50%.

SO IF YOU'RE MORE THAN 50% RESIDENTIAL, YOU CAN'T BE PART OF THE DISTRICT.

MM-HMM.

.

UM, IS THERE ANYTHING AS WRITTEN IN THIS ORDINANCE THAT WOULD PROHIBIT CREATION OF HOUSING WITHIN THOSE DISTRICTS? IF IT'S ALREADY ALLOWED? UM, UH, NO, NOT NECESSARILY.

OKAY.

OKAY.

NO, THE, UH, THIS WOULDN'T HAVE, UH, THIS TYPE OF TOOL WOULD NOT HAVE, UH, HOUSING AS, AS PART OF THE, UH, DENSITY BONUS BENEFIT, THE, THE, THE BENEFICIARY CATEGORIES.

AND THAT WOULD BE CREATIVE SPACES, BUT, UM, HOUSING COULD CERTAINLY BE BUILT IN IT WITHIN THE REST OF, IN OTHER PORTIONS OF IT, UH, AS LONG AS IT MET THE OTHER QUALIFICATIONS.

AND IF THERE WAS A SITE THAT, UM, WAS DETERMINED TO BE MORE SUITABLE FOR HOUSING BY PROPERTY OWNERS, UH, IF, IF A SITE IS IS, YOU KNOW, IS IS GRANTED THE ZONING STRING, IF, IF A COLLECTION OF SITES OR AN AREA IS, IS GRANTED THE ZONING DISTRICT STRING, UH, AND IT LATER BECOMES MORE SUITABLE OR IS DETERMINED TO BE MORE SUITABLE, IT CAN BE REASONABLE, IT CAN BE ZONED OUT.

OKAY.

IT CAN BE PULLED OUT OF THE DISTRICT AND REZONED INTO A, INTO A DIFFERENT, UH, DENSITY BONUS PROGRAM.

OKAY.

UM, AND IF I HAVE TIME LEFT, UM, I AM CURIOUS, I, I THINK COUNCIL IS THIS WEEK MAYBE, OR JUST RECENTLY HAS DEBATED OR MAYBE VOTED ON, I SHOULD KNOW, UH, A, A PROVISION TO SORT OF SETTLE SOME OF THE CONFLICT BETWEEN, UH, VENUES AND, AND MUSIC PERFORMANCE VENUES AND OTHER SORT OF RESIDENTIAL AND HOTEL USES.

UH, HOW HAS THAT EFFORT BEEN COORDINATED WITH THIS BONUS PROGRAM, IF AT ALL? THAT'S SOMETHING WE'VE BEEN, WE'VE, UH, WE'VE COLLABORATED WITH THE, UH, DEVELOPMENT SERVICES DEPARTMENT WHO'VE BEEN WORKING ON THAT, THAT SOUND COMPATIBILITY ISSUE.

UH, WE, THERE'S NOTHING IN THIS PARTICULAR ZONE IN THIS PARTICULAR, UH, PROGRAM CURRENTLY THAT REFERS TO THAT.

THAT WAS PARTLY BECAUSE THEY WERE WORKING ON THAT PROCESS THROUGHOUT THIS YEAR AND WANTED TO KIND OF KEEP THE TWO, THE TWO, UH, THINGS SEPARATE.

MM-HMM.

, BUT WE HAVEN'T BEEN IN

[00:40:01]

COLLABORATION, RECEIVE THAT IN ANY WAY OR NO, THIS DOESN'T SUPERSEDE MM-HMM, .

OKAY.

AND THAT'S SOMETHING, AND THAT, AND AGAIN, THAT IS SOMETHING THAT IN THE FUTURE, SINCE YOU KNOW THESE, THERE'S, THERE'S A TIMING, CONSIDERATION OF ALL THESE THINGS AND MM-HMM.

, UH, SINCE THAT IS SOMETHING THAT HAS, THAT HAS PASSED NOW AND, AND MAY BE IMPLEMENTED AND WILL BE IMPLEMENTED IN THE, UM, YOU KNOW, ONGOING, IT MAY, IT MAY MAKE SENSE AS PART OF THAT REEVALUATION OF THE DENSITY BONUSES TO THINK ABOUT IF, IF THIS SHOULD BE, IF THAT SHOULD BE INCORPORATED.

BUT WE'VE, WE'VE BEEN WORKING WITH, UH, DEVELOPMENT SERVICES FOLKS ON THAT AND THEY'VE, UH, WANTED TO KEEP IT SEPARATE FOR THE TIME BEING AS THAT MOVE FORWARD.

ALRIGHT.

THANK YOU.

THANK YOU.

NEXT QUESTION MR. MOALA.

THANK YOU.

UM, THANK YOU.

WE HAVE QUESTIONS ABOUT THE AFFORDABLE SPACE REQUIREMENTS.

UM, THE 50% OF RETAIL COMMERCIAL REAL ESTATE MARKET RATE.

MM-HMM.

, UM, AND THE STABILIZED LEASE TO REVENUE RATIO, IS THIS GOING TO BE FOR WHAT THEY CAN CHARGE? THAT WOULD BE, THAT WOULD BE, YEAH.

THE, THE, THE LEASE RATES THAT WOULD BE ALLOWED FOR THE CONTRIBUTING CREATIVE SPACE.

I'M, UM, SO I THINK I'M A LITTLE CONCERNED ABOUT THE LANGUAGE BECAUSE 50% OF RETAIL COMMERCIAL REAL ESTATE MARKET RATE, WE HAVE NOTHING THAT BOUNDS THE AREA OR IS ACTUALLY LOOKING AT THE RATES OF, I GUESS MY FIRST QUESTION IS, YOU KNOW, DO WE HAVE THAT DATA, BUT MORE SPECIFICALLY, DO WE HAVE THAT DATA FOR ART SPACES? BECAUSE THAT REALLY OUGHT TO BE THE COMPARISON FOR THE KINDS OF SPACES THAT THEY CAN AFFORD? YEAH, THAT'S A GREAT QUESTION.

I THINK SO THE, SO IN TERMS OF RE IN TERMS OF REAL ESTATE, UH, TRANCHES, ARTS AND CREATIVE SPACE ISN'T ITS OWN, UH, THING.

THERE'S, UH, THE SPACES THAT WOULD BE MOST RELEVANT WOULD BE, UM, ARE, ARE GENERALLY IN RETAIL OR IN WHAT IS BUILT AS RETAIL SPACE, UH, OR POTENTIALLY INDUSTRIAL SPACE.

SO, UH, I NEED, UH, SO YEAH, I'M, I'M CONCERNED THAT THAT KIND OF A FORMULA IS GOING TO END UP PRICING OUT THE EXACT PEOPLE WHO WOULD NEED THIS SPACE AND WHY WE'RE CREATING IT.

I I, I'VE GOT A LITTLE CONCERN ABOUT THAT, UNLESS YOU'VE GOT SOME OTHER WAY TO, TO THINK ABOUT IT.

WELL, THE OTHER OPTION, AND, AND AGAIN, EACH OF THESE WOULD BE ANY GIVEN DISTRICT WOULD ACTUALLY COME THROUGH, UH, UH, ITS OWN PROCESS.

AND, AND THESE PARAMETERS WILL BE WORKED OUT ON A CASE BY CASE BASIS.

BUT, UM, THE OTHER OPTION IS TO DO IT THROUGH A STABILIZED, UM, UH, UH, RENT TO REVENUE RATIO.

SO THAT'S SOMETHING THAT'S, UH, FAIRLY COMMON IN CERTAIN TYPES OF COMMERCIAL, UH, GENERALLY LARGER COMMERCIAL LIKE ANCHOR TENANTS FOR MALLS.

SO IT'S, IT'S, IT'S THE TENANT BASE.

IS THAT MORE SPECIFIC TO ARTS ITSELF VERSUS COMMERCIAL REAL ESTATE AS A WHOLE? NO, IT'S ACTUALLY NOT.

WELL, SO IT'S NOT COMMON IN, IN ARTS, UH, IN ARTS REAL ESTATE AT ALL THAT, BUT IT'S, IT'S A VERY GOOD, IT'S A, IT'S A VERY, UM, IT'S A VERY ATTRACTIVE OPTION THAT IS AVAILABLE CURRENTLY TO OFTEN LARGE ANCHOR TENANTS FOR, UH, RETAIL COMPLEXES.

AND IT, AND IT ESSENTIALLY SAYS, YOU KNOW, INSTEAD OF HAVING A A, A FIXED RATE, IT'S BASED ON, IT'S A PORTION BASED ON, UH, YOUR, YOUR REVENUE.

SO YOU, THAT PORTION'S GENERALLY AROUND FIVE TO 7%, I THINK, IS DOES THAT BECOME THE REVENUE OF THE ACTUAL, UH, TENANT? YEAH, IT WOULD BE THE REVENUE OF THE, LIKE 5% OF THE, OF THE TENANT'S REVENUES WOULD BE, WHAT WOULD THEY BE OBLIGATED TO PAY IN RENT? SAY AGAIN FOR ME? SORRY, I'M TRYING TO FOLLOW WHAT YOU'RE EXPLAINING.

SURE.

UH, SO IF, IF THE TENANT BRINGS IN, UM, IF THE TENANT BRINGS IN A CERTAIN AMOUNT OF, UH, REVENUE PER PER MONTH OR PER YEAR, UH, 5% OF THAT TOTAL WOULD BE THE AMOUNT THEY'D BE OBLIGATED TO PAY IN TERMS OF RENT.

OKAY.

AND IS THAT ACTUALLY GOING TO BE IN THE LANGUAGE THAT WE'RE PROPOSING? THAT'S, THAT'S IN, THAT'S ONE OF THE OPTIONS THAT'S IN THE ORDINANCE.

OKAY.

I'LL GO BACK AND FIND THAT.

AND THEN, UH, I GUESS I'M ALSO CONCERNED ABOUT ALLOWING UP TO A 5% RENT ESCALATION, PARTICULARLY IN THE AFFORDABILITY PERIOD, WHICH IS ONLY 10 YEARS, WHICH ONE OF THE OTHER COMMISSIONERS BROUGHT UP.

UM, IF YOU'RE A SMALL BUSINESS OWNER, A 5% RENT INCREASE IS A LOT.

AND I KNOW, 'CAUSE I WAS ONE FOR 10 YEARS, THAT'S A LOT, UM, IN YOUR OPERATING COST.

RIGHT.

UM, SO I'M CONCERNED ABOUT THAT FIGURE AS WELL FROM THE STANDPOINT OF, YOU KNOW, SOMEBODY WHO'S THE TENANT.

SO WE'RE DOING, THAT'S WHAT THEY'RE GETTING AND WHAT THEY'RE EXCHANGING, WHAT WE'RE TRADING OFF IS 20, A MINIMUM OF 25% GROUND FLOOR, 50% INCREASE FAR

[00:45:01]

30 ADDITIONAL FEET AND MINIMUM SITE AREA REQUIREMENTS.

IS THAT MM-HMM, , THAT'S CORRECT.

25% OF THE GROUND FLOOR MINIMUM.

OKAY.

SO THEY DON'T HAVE TO GO ABOVE THAT 25% SATISFIES.

THAT'S CORRECT.

AND THAT'S JUST BASED ON THE CALIBRATION TO MAKE IT SOMETHING THAT CAN BALANCE OUT FOR DEVELOPMENT, BUT THEN WE'RE WAIVING ALL THIS OTHER STUFF.

OKAY.

AND THEN I THINK PART OF IT ALSO ALLOWED FOR, THERE WERE SOME USES THERE AND I, I WAS KIND OF, I GUESS QUESTIONING WHAT WE WERE CATEGORIZING AS CREATIVE SPACE.

MM-HMM.

, UM, I DON'T WANNA, I DON'T WANNA INSULT THE BAR INDUSTRY OR I'LL NEVER HAVE A GOOD MARGARITA IN THIS TOWN AGAIN, BUT I I SAW COCKTAIL LOUNGES IN THERE.

YEAH.

WHY WOULDN'T WE JUST HAVE THEM AS MUSIC VENUES? WHY WOULD WE USE THAT LANGUAGE AS A COCKTAIL LOUNGE? UH, IF I CAN JUST RESPOND TO THAT QUESTION.

THE REASON FOR THAT IS, SORRY, I MISSED THE TIME.

SORRY.

OH, NO PROBLEM.

I'LL GO AHEAD AND TAKE THE DINE.

OKAY.

THANK YOU.

UH, THE REASON FOR, FOR THAT IS THAT WE DIDN'T HAVE A, WE DIDN'T HAVE A LAND USE DEFINITION FOR THAT, THAT ENCOMPASSED, UH, MUSIC VENUES UNTIL LAST YEAR, UH, BESIDES, UH, COCKTAIL LOUNGES.

SO MOST OF OUR OLDER LEGACY MUSIC VENUES IN THE CITY ARE ACTUALLY ZONED AS COCKTAIL LOUNGES.

UH, SO WE DIDN'T WANT TO EXCLUDE THEM FROM, UH, FROM, FROM THAT.

WE DIDN'T WANT TO CREATE, WE DIDN'T WANT TO CREATE THIS AND THEN HAVE IT SUCH THAT, YOU KNOW, THERE, THERE COULD BE A POTENTIAL TO JUST, UH, HAVE, AND I NEED TO DOUBLE CHECK THE LANGUAGE ON THIS, BUT, YOU KNOW, UH, HAVING SOME SORT OF ESTABL, YOU KNOW, COCKTAIL LOUNGES ESTABLISHED PRIOR TO, UH, 2023 OR SOMETHING LIKE THAT.

BUT, BUT THAT, THAT'S THE IDEA.

EV MOST EVERY MUSIC VENUE IN TOWN CURRENTLY IS STILL ZONED OFFICIALLY AS A COCKTAIL LOUNGE, SO WE WANTED TO MAKE SURE THEY COULD BE INCLUDED.

UM, YEAH, IT MAKES SENSE.

BUT MAYBE AS IT GOES FORWARD, WE, WE GET THAT GRANDFATHERING LANGUAGE IN THERE.

MM-HMM.

.

YEAH.

THANKS.

SURE THING.

THANK YOU.

BYE SIR.

THANK YOU.

I'LL CONTINUE WITH MY QUESTIONS HERE.

UM, AND ACTUALLY I'LL BUILD ON THIS.

UM, I AGREE.

I THINK, YOU KNOW, I COMPLETELY UNDERSTAND THE LOGIC YOU'RE PRESENTING AROUND COCKTAIL LOUNGES AND OF COURSE, OVER THE YEARS, AS YOU KNOW, YOU KNOW, NEIGHBORS HAVE SOME CONCERNS, PARTICULARLY ACTUALLY WITH SOME OF THOSE OLDER COCKTAIL LOUNGES, WHICH ARE NOT ALWAYS, UM, MERGING VERY WELL WITH THE RESIDENTIAL NEIGHBORHOOD.

AND I GUESS I, I HAVE ONE QUESTION, WHICH IS, YOU KNOW, IN THE COMPATIBILITY SECTION, I DIDN'T SEE ANYTHING WE HAVE SOUND AROUND, UM, THE DECIBELS FOR AN HVAC UNIT, BUT MM-HMM.

, IS THERE ANOTHER PIECE IN THE CODE THAT WOULD HANDLE EXTERNAL MUSIC OR SOUND OR SOMETHING LIKE THAT? YEAH, THERE ARE PIECES IN THE CODE THAT HANDLE SOUND, BUT AS I NOTED, DEVELOPMENT SERVICES HAVE, HAS BEEN WORKING ON THAT PIECE THIS YEAR.

AND, UH, THAT WAS JUST KIND OF MOVING FORWARD, UM, SEPARATELY FROM THIS, FROM THIS, UH, UH, DISTRICT.

I, I APPRECIATE THAT.

AND I GUESS, UM, AGAIN, THIS IS REALLY SORT OF NOT MY YEAR OF EXPERTISE, SO I WOULD BE WORRIED ABOUT WADING INTO IT, BUT WOULD YOU BE OPEN TO HAVING A GENERAL AMENDMENT ASKING STAFF TO EXPLORE AS WE'RE TALKING ABOUT THE COMPATIBILITY STANDARD OF THE 25 FEET BUFFER, TO MAYBE HAVE SOMETHING BUILT IN AROUND SORT OF, UM, OTHER KINDS OF SOUND? SOMETHING THAT HELPS IN THAT WAY? I'M NOT SURE WHAT THAT WOULD LOOK LIKE, AND HOPEFULLY OUR STAFF CAN COME UP WITH SOMETHING, BUT IT WOULD PARTICULARLY MEAN THAT AS WE'RE DOING THE BONUS AND WE'RE, UH, DECREASING THE OVERALL COMPATIBILITY STANDARD THAT WE'RE ALSO BEING CAREFUL OF SOUND AS IF MIGHT EMANATE FROM SUCH VENUES.

YEAH, SURE THING.

WE'D DEFINITELY BE OPEN FOR THAT.

I, I APPRECIATE THAT.

THE, THE OTHER QUESTION I HAD WAS, UM, UH, I, I WAS TRYING TO SEE SORT OF THE APPLICABILITY AND, AND I GUESS I'M TRYING TO UNDERSTAND HOW WOULD THIS WORK WITH AN EXISTING ZONING, LIKE FOR EXAMPLE, LET'S SAY HISTORIC ZONING.

UM, SOMETHING THAT'S COMING INTO MIND IS LIKE THE BROKEN SPOKE.

I KNOW WE JUST ZONED IT HISTORIC PARTIALLY TO PRESERVE THE STRUCTURE.

NOW, OF COURSE, THAT'S NOT THREE ACRES, BUT I DON'T KNOW IF THERE'S ANOTHER SITE THAT WOULD FIT THAT THREE ACRE REQUIREMENT, BE ZONE HISTORIC IN THAT CASE, WOULD THE HISTORIC ZONING SORT OF SUPERSEDE THE BONUS? WELL, HISTORIC ZONING WOULD DEFINITELY SUPERSEDE A SITE BONUS.

YEAH.

BUT IF IT WAS PART OF, IF IT WAS A, IF IT WAS A HISTORIC SITE THAT WAS PART OF A LARGER DISTRICT, UH, POTENTIALLY IT WOULD, IT WOULD, IT COULD SERVE AS A CONTRIBUTING STRUCTURE OR A CONTRIBUTING SITE TO THAT DISTRICT'S DESIGNATION, UH, OR, OR SORT OF AUTHORIZATION FOR REZONING.

UM, AND IT WOULD ALSO BE POSSIBLE IF IT WAS PART OF A LARGER DISTRICT FOR, UM, A BUILDING THAT TOOK ADVANTAGE OF THE DENSITY BONUS TO CONTRIBUTE A FEE AND LIE TOWARDS PRESERVATION FOR THE HISTORIC VENUE.

I, I APPRECIATE THAT.

THAT'S, THAT'S HELPFUL TO UNDERSTAND.

YEAH.

'CAUSE SOME OF THOSE VENUES REALLY ARE HISTORIC IN NATURE.

YEAH.

UM, AND, AND THEN I DID HAVE A QUESTION REGARDING THE THREE APPLICATIONS PER CYCLE.

I FORGET HOW THE CYCLE WAS DEFINED.

CAN YOU TALK A LITTLE BIT ABOUT THAT PROVISION? WHAT WAS THE THOUGHT BEHIND THAT? UH, I, I CAN'T REALLY SPEAK ABOUT THAT ONE AS MUCH BECAUSE THAT WAS, UH, SOMETHING THAT, UM, WAS JUST RECOMMENDED THROUGH OUR, UH, COLLEAGUES AND LAW AND PLANNING JUST IN TERMS OF MANAGING, UH, MANAGING THE PROCESS EFFECTIVELY.

[00:50:01]

SURE.

YEAH.

THAT MAKES SENSE.

BECAUSE THERE IS SIGNIFICANT OF WORK THAT GOES INTO IT, SO THAT, THAT MAKES SENSE.

RIGHT.

UM, AND THEN, THEN THE LAST QUICK QUESTION THAT I HAVE ON THIS IS, UM, AS WE'RE LOOKING AT THIS, UM, MM-HMM, IN THE WAY SORT OF SET OUT, CAN YOU TALK A LITTLE BIT ABOUT, UM, YOU KNOW, WHY SPECIFICALLY WE WERE LOOKING AT, UM, YOU KNOW, FLOOR TO AREA RATIO IS 50% AND THE HEIGHT GOES UP TO 90 FEET FROM THAT 30, I GUESS I'M TRYING TO SEE INTO THE FUTURE, IF THERE IS DISTRICTS WHERE THERE WOULD BE HEIGHT THAT WOULD BE APPLICABLE GOING UP TO BEYOND 90.

WAS THERE LIKE AN UNDERSTANDING BASED ON JUST WHERE OUR CURRENT BASE ZONES ARE? IS THAT WHY THE 90 FEET CAP WAS SORT OF THOUGHT ABOUT FOR HEIGHT? YEAH, THAT'S DEFINITELY THE, THAT'S DEFINITELY IT.

UH, IT WAS JUST BASED ON WHERE OUR EXISTING ZONES ARE AND THE EXISTING PRECEDENT FOR, UM, DENSITY BONUSES THAT WE WE'VE BEEN USING.

UH, AND THERE WAS, THERE WAS NOT A WILLINGNESS, UM, BROADLY AND UH, TO PROPOSE SOMETHING HIGHER THAN SOME OF OUR EXISTING PROGRAMS LIKE DB 90.

I APPRECIATE IT.

THANK YOU MR. JACKSON.

THANK YOU, CHAIR.

THANK YOU.

OTHER QUESTIONS? CHAIR COHEN.

HI.

UH, HI.

A COUPLE OF QUICK QUESTIONS.

SO I WAS GOING OVER THE RESOLUTION THAT COUNCIL SENT TO STAFF WITH A DIRECTIVE, SPECIFICALLY ASKING FOR A CULTURAL OVERLAY FOR THE RED RIVER CULTURAL DISTRICT.

AND, UH, I WAS WONDERING HOW WILL THIS, UH, HOW WILL THIS APPLY, UH, EITHER THE CREATIVE DISTRICT COMBINING DISTRICT OR LIKE A CREATIVE SPACE COMBINING DISTRICT TOOLS, OR HOW WOULD THIS APPLY TO THE, LIKE THE RED RIVER CULTURAL DISTRICT? BECAUSE THIS IS DIRECTLY A SPINOFF FROM PALM DISTRICT, IS WHAT STARTED ALL THIS WAS TO ENSURE WELL, WELL, IT, IT DID START IN 2022 WITH, WITH A LOT OF OTHER RESOLUTIONS, BUT IT WAS SORT OF GIVEN, ADDED, UH, WEIGHT BY, BY SOME OF THE PALM STUFF.

UM, RED RIVER IS, UH, TRICKY BECAUSE RED RIVER, THE RED RIVER CULTURAL DISTRICT, WHICH IS DEFINITELY ONE OF THE, ONE OF THE MAIN DISTRICTS THAT WAS CONSIDERED IN THIS PROCESS, UH, LIES WITHIN THE DOWNTOWN.

SO IT, IT ALREADY FALLS WITHIN THE DOWNTOWN DENSITY BONUS AREA.

AND SO WE COULDN'T APPLY IT, UH, WE COULDN'T APPLY THIS TYPE OF DENSITY BONUS FRAMEWORK TO IT BECAUSE IT'S ALREADY IN THE DOWNTOWN DENSITY BONUS, UH, SYSTEM.

WHAT WE WERE GOING TO TRY AND DO MOVING FORWARD WAS THIS, WAS GOING THIS, UM, UH, THIS, THIS ORDINANCE WOULD CONCURRENTLY ESTABLISH THE CREATIVE SPACE DENSITY BONUS THAT COULD BE APPLIED, UH, BASICALLY OUTSIDE THE DOWNTOWN AND INITIATE A SUBDISTRICT OF THE DOWNTOWN DENSITY BONUS TO APPLY TO RED RIVER, UH, WITH THE GUIDE, WITH THE RECOMMENDATIONS OF THAT SUBDISTRICT HAVE SIMILAR PROVISIONS TO, TO THOSE THAT ARE AS, AS PART OF THIS PROGRAM.

UM, UH, AS I NOTED IN MY PRESENTATION, THAT'S, THAT WAS THE PLAN.

AND THEN, UH, AS PART OF A, A DIFFERENT, AN UNRELATED ORDINANCE THAT, UM, WENT FORWARD IN JULY, I THINK SPONSORED BY COUNCIL, UH, THAT SUBDISTRICT WAS ALREADY INITIATED.

SO THE, THERE AS PART OF A REVIEW OF THE DOWNTOWN DENSITY BONUS OVERALL, THERE BEEN INITIATION FOR A RED RIVER CULTURAL DISTRICT, UM, CULTURAL SUBDISTRICT.

SO THAT HAS ALREADY BEEN ACHIEVED.

UH, AND, YOU KNOW, WE'D RECOMMEND THAT AND, AND WE WILL BE, YOU KNOW, SUP MY DEPARTMENT WILL BE SUPPORTING, UH, PLANNING AS THEY GO THROUGH THAT, UH, IN, IN RELATION TO THE CULTURAL DISTRICT ELEMENTS AND, YOU KNOW, RECOMMENDING THAT THEY HAVE SIMILAR, UH, CHARACTERISTICS AS THE, THE ONES WE'VE, UH, RECOMMENDED HERE.

UM, UH, THAT'S, AND AND THAT'S WHERE, THAT IS THE, THE, THE OTHER COMPLEXITY FOR RED RIVER SPECIFICALLY IS THAT THAT DISTRICT IS PRIMARILY, PRIMARILY LIES UNDER CAPITAL VIEW CORRIDORS.

SO A LOT OF THE PROPERTY, MOST OF THE PROPERTIES INSIDE THE RED RIVER CULTURAL DISTRICT CAN'T ACTUALLY BENEFIT CURRENTLY FROM, UH, THE DOWNTOWN DENSITY BONUS ITSELF.

BUT THAT, UM, THAT IS, THAT IS THE FRAMEWORK THAT WE HAVE AUTHORIZATION TO REALLY MOVE FORWARD WITH THE DENSITY BONUS, UH, DISTRICT FRAMEWORK.

UH, IT, IT WOULD BE POSSIBLE TO HAVE A MORE REGULATORY OVERLAY FOR THE RED RIVER CULTURAL DISTRICT THAT JUST REQUIRES CERTAIN USES ON THE GROUND FLOOR.

BUT THAT ISN'T SOMETHING THAT WE'VE BEEN AUTHORIZED TO DO BY COUNCIL OR CITY MANAGEMENT, AND THAT'S, THAT WOULD BE MORE OF A CITY COUNCIL.

UH, THAT WOULD BE SOMETHING THAT CITY COUNCIL WOULD HAVE TO REALLY INITIATE.

I'M SORRY TO INTERRUPT, BUT I'M, I'M LITTLE SHORT ON TIME.

MM-HMM.

.

SO AGAIN, WHAT DOES THIS DO FOR THE RED RIVER CULTURAL DISTRICT, WHICH IS LITERALLY THE BACKBONE OF THE LIVE MUSIC INDUSTRY IN AUSTIN? THIS PARTICULAR PROGRAM WOULD NOT IMPACT THE RED RIVER CULTURAL DISTRICT, APART FROM PROVIDING PRECEDENT TO INFORM THE CULTURAL SUBDISTRICT THAT'S ALREADY BEEN INITIATED FROM A DIFFERENT RESOLUTION OR FROM A DIFFERENT ORDINANCE.

THE SUMMARY.

YEAH.

A DIFFERENT ORDINANCE THAT COUNCIL PASSED.

UH, OKAY.

[00:55:02]

SO WHAT I'M HEARING IS NOTHING, WHAT, WHAT IF WE, UH, REMOVED, UH, THE RED RIVER CULTURAL DISTRICT FROM THE DOWNTOWN DENSITY BONUS, THAT, THAT IS BEYOND MY PURVIEW.

UM, AND THAT IS OUTSIDE THE, THAT IS, THAT IS OUTSIDE MY DEPARTMENT'S PURVIEW.

WHAT, WHAT OPTIONS DO WE HAVE? I MEAN, THE, THE, THE INTENT BEHIND THIS, AND A LOT OF THE WORK WAS DONE BY THE RED RIVER CULTURAL DISTRICT WAS TO PRESERVE AND, AND, AND GENERATE NEW LIVE MUSIC VENUES.

MM-HMM.

LIKE IN PREPARATION FOR ARTISTS TO COME FORWARD, THE NEXT STEVIE RAY V.

BUT I DON'T SEE ANYTHING HERE THAT'S GOING TO DO THAT WITHIN, OR CAN IT BE DONE ANYWHERE DOWNTOWN AT ALL? IT CAN'T BE DONE IN THE DOWNTOWN.

NO, IT CAN'T BE DONE IN THE DOWNTOWN DENSITY BONUS AREA BECAUSE THERE'S ALREADY A DENSITY BONUS THERE.

UH, AND, AND THE RED RIVER AREA HAS ITS OWN CONSTRAINTS JUST BASED ON CAPITAL VIEW COORDINATORS.

I'M, I'M SORRY, I'M GONNA INTERRUPT.

RESOLUTION NUMBER 20 22 0 0 7 2 8 0 9 4 SPECIFICALLY SAYS, PRIORITIZATION OF MUSIC VENUES OR CREATIVE SPACES AS THE COMMUNITY BENEFIT OR DENSITY BONUSES FOR OTHER OVERLAYS WITHIN RED RIVER EAST SIXTH STREET AND THE WAREHOUSE ENTERTAINMENT DISTRICT.

WHAT IS THIS DOING FOR THAT? UH, SHOULD I ANSWER THAT OR? YES, YES, PLEASE DO.

IF YOU RESPONSE.

SURE.

UH, LIKE I SAID, WE, THE WAY WE WERE APPROACHING THAT INITIALLY WAS TO INITIATE A SUBDISTRICT FOR THE DOWNTOWN DENSITY BONUS.

IT COULD BE USED FOR RED RIVER, UH, THAT WAS ONLY REMOVED BECAUSE IT WAS INITIATED IN AN UNRELATED OR IN A DIFFERENT ORDINANCE, UH, THIS SUMMER.

THANK YOU.

I APPRECIATE ALL THE WORK Y'ALL HAVE DONE ON THIS.

THANK YOU.

OTHER QUESTIONS? ALRIGHT, UM, I HAVE A REALLY QUICK QUESTION AND, UM, I KNOW THE EDD HAS A, A GREAT PROGRAM TO ENCOURAGE LOCAL BUSINESSES.

MM-HMM.

.

UM, IS, IS THERE A WAY TO ADD IN INCENTIVIZATION OF LOCAL BUSINESSES FOR THIS, OR WOULD THAT BE SOMETHING THAT THE ECO DEVOS DEPARTMENT WITH ANOTHER PROGRAM COULD ENCOURAGE LOCAL BUSINESSES COMING INTO THESE FUTURE SPACES? UH, SURE.

WE'RE, MY, MY DEPARTMENT'S ALSO BRINGING FORWARD, UM, UH, TAX INCENTIVE BASED, UH, FINANCIAL INCENTIVE TOOL.

UH, THAT'S, UH, WE PRESENTED TO CITY COUNCIL AT THE LAST MEETING AND IS GOING AGAIN TO CITY COUNCIL, UH, THIS WEEK THAT, UH, IS, IS CALLED PLACE-BASED ENHANCEMENT, UH, THE PLACE-BASED ENHANCEMENT PROGRAM, IT OFFERS A LOT MORE FLEXIBILITY BECAUSE IT ISN'T ZONING DEPENDENT AND IT CAN, UH, WE CAN USE THAT TO HELP INCENTIVIZE AFFORDABLE SPACE FOR, UH, FOR LOCAL SMALL BUSINESSES AS WELL AS CREATIVE SPACES.

AND IT WOULD BE ABLE TO BE APPLIED, UH, IN THE RED RIVER AREA.

IT WOULD BE ABLE TO BE APPLIED, UH, IN ANY SORT OF CULTURAL DISTRICTS WITHOUT, BECAUSE IT ISN'T ZONING BASED.

SO, UM, THAT TOOL IS SOMETHING WE ARE BRINGING FORWARD AND, AND HOPE TO HAVE PASSED THIS, THIS MONTH.

ALRIGHT.

THANK YOU SO MUCH.

WE HAVE ONE MORE SPOT FOR A QUESTION.

OKAY.

I'M LOOKING FOR A MOTION.

UM, WELL, I'LL START KNOWING THAT THERE MAY BE SOME AMENDMENTS COMING.

UM, I WILL MAKE A MOTION TO MOVE FORWARD WITH STAFF'S RECOMMENDATION.

YOU ALREADY SAID THAT.

OKAY.

NO SECOND ON THAT.

YES.

JUST TO MOVE TO ESTABLISH A BASE, UM, MOVE FORWARD WITH STAFF RECOMMENDATIONS.

SURE.

I'M GONNA SECOND THAT.

I AGREE.

LET'S FORWARD THE CONVERSATION SECOND VICE CHAIR.

OKAY.

UM, I THINK WHAT, UH, UH, STAFF HAS DONE AND WORKED A VERY LONG TIME ON IS A, A REALLY GOOD BASIS OF RECOMMENDATION, BUT I KNOW THAT THERE ARE SOME IDEAS THAT WE'VE DISCUSSED HERE TONIGHT, UM, THAT MAY BE ADDED TO, UM, TO HELP AMEND IT.

SO ANY AMENDMENTS? YES.

COMMISSIONER HAYNES OR I'LL, I'LL GET STARTED.

UM, CAN I GET, UM, I HAD SENT AN AMENDMENT EARLIER TO THE CHAIR AND VICE CHAIR.

CAN I GET THAT FORWARDED AROUND? UM, AND I'LL, IT'S ALWAYS FUNNY WHEN I SAY IT, BUT I'LL TALK REALLY SLOWLY, UH, TO GIVE Y'ALL A CHANCE.

UM, MR. JACKSON, I, I APPRECIATE Y'ALL, Y'ALL, AS, AS EVERYBODY SAYS Y'ALL, Y'ALL HAVE DONE A GOOD, A GOOD JOB.

UM, AND, UM, BUT YOUR FOCUS HAS BEEN ON THE COMMERCIAL ASPECT.

THAT'S WHAT </