Dec 03, 2024 Zoning and Platting Commission

SECRETARY KERRY THOMPSON.

OH, CARRIE GOT HERE.

I'M LIKE, WAIT FOR CARRIE.

THAT WAS THE WAS HERE.

OKAY, WE'RE BACK ON LINE CHAIR.

MS. FLORES? SCOTT BOONE? NO.

SO WE HAVE SEVEN PEOPLE PRESENT.

UM, NO NEED FOR EXECUTIVE SESSION.

UH, DO WE HAVE ANY DISCUSSION ON THE, ANY? DO THEY HAVE ANY ISSUES ON THE MINUTES? THEY LOOK OKAY.

THEY WILL STAY ON THE CONSENT

[Consent Agenda]

AGENDA.

SO THE CONSENT AGENDA IS ITEM ONE, APPROVAL OF THE MINUTES OF THE ZONING AND PLANNING COMMISSION.

UH, THE REGULAR MEETING ON NOVEMBER 19TH, 2024.

PUBLIC HEARINGS WE HAVE ARE ITEM TWO, TRANSPORTATION VARIANCE, C 8 20 24 DASH 0 9 4 PALMER RE, RE SUBDIVISION PRELIMINARY PLAT, UH, 13,000 HARRIS RIDGE BOULEVARD.

IT'S APPROVAL OF A LAND USE COMMISSION VARIANCE AT 25 4 1 71 A, WHICH REQUIRES THAT ALL LOTS IN A SUBDIVISION, BUT A DEDICATED PUBLIC STREET AND ALSO TO 25 4 1 53, WHICH REQUIRES THE BLOCK LINKS NOT EXCEED 2000 FEET IN LENGTH.

IT IS RECOMMENDED BY STAFF.

AND ON OUR CONSENT AGENDA FOR APPROVAL, ITEM THREE IS A SITE PLAN OF THE HILL COUNTRY ROADWAY SBC 2023 DASH 0 3 5 7 C NORTH TRAIL OAKS PARK DISTRICT 10 IS AT 66 0 1 NORTH CAPITAL, TEXAS HIGHWAY NORTHBOUND.

UM, THE REQUEST IS TO APPROVE A SITE PLAN OF A HILL COUNTRY ROADWAY OVERLAY ZONE FOR A PROFESSIONAL OFFICE BUILDING AND ASSOCIATED DEVELOPMENT.

WE'RE NOT GONNA DISCUSS THE POSTPONEMENT AND WE'RE NOT GONNA OPEN THE PUBLIC HEARING, BUT ANYBODY SIGNED UP TO SPEAK, WE'LL HAVE AN OPPORTUNITY TO SPEAK, BUT WE WILL NOT REOPEN THE PUBLIC HEARING.

UM, JUST AS AN INFORMATION, I'LL EXPLAIN THAT WHEN WE GET TO IT.

THAT'S A DISCUSSION ITEM.

ITEM FOUR, SITE PLAN, CONDITIONAL USE PERMIT S PC 2024 DASH 0 2 8 7 A PANDA EXPRESS.

IT IS A CON CONDITIONAL USE PERMIT AT 7,200 SPRINGFIELD DRIVE.

AND THE ONLY ITEM REQUEST IS TO APPROVE A CONDITIONAL USE PERMIT.

UM, IT HAS BEEN PULLED FOR DISCUSSION, IS THAT CORRECT? YES.

SO IT'S BEEN PULLED FOR DISCUSSION.

UM, AND THAT IS IT.

SO THE ONLY THING WE ARE ACTUALLY VOTING ON IS APPROVAL OF THE MINUTES.

AND ITEM TWO, DO I HEAR A MOTION? MOTION ABOVE COMMISSIONER PKI? DO I HEAR A SECOND? I'LL SECOND.

SECOND BY CARRIE.

I DOES A MOTION PASS.

UH, YES.

UH, SITE PLAN, HILL COUNTRY ROADWAY, SBC 2023 DASH 0 3 5 7 C NORTH TRAILS OFFICE PARK.

LET THE RECORDS SHOW THAT COMMISSIONER ALEJANDRO FLORES IS ABSTAINED FROM THE CONSENT AGENDA.

SO ITEM THREE, PUBLIC,

[3. Site Plan - Hill Country Roadway: SPC-2023-0357C - North Trail Office Park; District 10 (Part 1 of 2)]

UH, IT IS TO APPROVE A SITE PLAN ON THE HILL COUNTRY ROADWAY OVERLAY ZONE FOR A PROFESSIONAL OFFICE BUILDING AND ASSOCIATED DEVELOPMENT.

UM, WE'RE GONNA HAVE, AGAIN, WE'RE NOT GONNA OPEN THE PUBLIC HEARING, BUT WE ARE GONNA ALLOW ANYBODY WHO IS SIGNED UP TO SPEAK TO SPEAK, UM, AT THE REQUEST OF OUR ATTORNEY.

UM, I AM GONNA LIMIT THE DISCUSSION AT THE RECOMMENDATION OF OUR ATTORNEY TO BASICALLY, UM, THE CITY PROCESS AND PRIOR DISCUSSIONS OF THE COUNCIL RELATED TO A SETTLEMENT AGREEMENT.

VESTED RIGHTS AND PLAT ARE NOT BEFORE ZAP THIS, THIS EVENING.

SO WE'RE NOT HEARING DISCUSSION ABOUT THE CITY PROCESSES AND PRIOR DECISIONS OF THE CITY COUNCIL RELATED TO THE SETTLEMENT AGREEMENT.

VESTED RIGHTS OR A PLATE NOTE ARE NOT ON ZAP.

SO THE ONLY THING WE'RE HEARING TONIGHT, DISCUSSION FROM ITEM THREE IS TO APPROVE OR DENY THE SITE PLAN BASED ON COMMISSION'S DETERMINATION THAT THE SITE PLAN DOES OR DOES NOT COMPLY WITH LAND DEVELOPMENT CODE, WHICH IS APPLICABLE.

SO IF WE HAVE SPEAKERS, YOU NEED TO EXPLAIN THAT YOU DISAGREE WITH STAFF'S DETERMINATION THAT THE PROJECT COMPLIES AND STATE WHICH SECTION OF THE CODE THAT IT DOESN'T COMPLY WITH.

'CAUSE THE ONLY DECISION WE CAN MAKE IS THAT WE EITHER SUPPORT STAFF THAT IT DOES COMPLY, OR IF IT DOESN'T COMPLY, I HAVE, WE HAVE TO BE ABLE TO STATE IN OUR MOTION WHAT SECTION OF THE CODE IT DOESN'T COMPLY WITH.

AND AGAIN, WE'RE, WE'RE NOT TALKING ABOUT THE SETTLEMENT AGREEMENT, THE VESTED RIGHTS, THE PLAT NOTE, ALL THAT'S OFF THE TABLE.

WE'RE ONLY TALKING ABOUT DOES IT COMPLY WITH THE CODE OR NOT.

[00:05:01]

WE'RE GONNA PROCEED AS NORMAL LIKE WE WOULD IN A PUBLIC HEARING WITH STAFF'S PRESENTATION.

THE APPLICANT WILL HAVE A PRESENTATION, THEN EVERYONE'S SIGNED UP.

AN OPPOSITION WILL HAVE A, THE, THEIR OPPORTUNITY TO SPEAK.

AND THEN WE'LL GO BACK TO THE, UM, APPLICANT TO HAVE A REBUTTAL.

AND THEN WE'LL WRAP UP AND DISCUSS FROM THERE.

CHAIR, CAN I ASK A QUESTION? YES.

PROCESS QUESTION.

SURE.

UH, JUST BECAUSE IT'S POSTED AS DISCUSSION POSTPONEMENT, WE ACTUALLY, CAN YOU CLARIFY? YES.

I, I TALKED TO THE LEGAL DEPARTMENT ON THIS.

WE ACTUALLY CAN'T POSTPONE IT BECAUSE ONCE YOU CLOSE THE PUBLIC HEARING, WHICH WE DID 14 DAYS AGO, YOU CAN'T REOPEN IT AFTER 14 DAYS.

SO WE CAN'T POSTPONE IT.

AND SO THAT'S KIND OF MY DECISION IS SAYING IF WE CAN'T POSTPONE IT, IT DOESN'T MAKE SENSE TO HAVE DISCUSSION ON POSTPONE IT.

SO WE'RE JUST GONNA GO STRAIGHT TO THE FACT THAT WE CAN'T POSTPONE IT.

IF THE APPLICANT WERE WILLING TO POSTPONE IT, THAT WOULD BE ONE THING, BUT THEY'RE NOT.

AND SO WE'RE GONNA GO STRAIGHT TO THE MERITS OF THE CASE, WHICH AGAIN, THE MERITS OF THE CASE ARE, DOES IT MEET CODE OR DOES IT NOT MEET CODE? AND THAT'S WHAT LEGAL IS ADVISED.

THAT'S THE ONLY THING WE CAN TAKE ACTION ON, IS DOES IT MEET CODE OR NOT? THANK YOU.

HE COULD CHANGE HIS MIND.

CAN WE ASK, CAN WE ASK HIM WHEN HE'S DOING HIS PRESENTATION? WE CAN ASK HIM.

17TH, DECEMBER CHANGING MONTH.

TWO WEEKS.

DECEMBER 17TH.

LET ME MAKE SURE THAT'S A DATE CHAIR.

WAS THAT A CONSENT ONLY MEETING? UM, I DON'T KNOW THAT, UH, LET ME SEE IF I CAN'T PULL IT UP REAL QUICK.

IF SOMEONE'S FASTER THAN ME PULLING SOMETHING UP, GO FOR IT.

ARE YOU LOOKING FOR THIS? YES.

LET'S SEE.

IT DOESN'T SAY, IT DOES NOT SAY, IT JUST SAYS DECEMBER 17TH, 2024.

THERE'S NOTHING THAT'S 17TH, CORRECT? THERE'S NOTHING LIMITING IT ON THE POSTED ON THE WEBPAGE.

I APOLOGIZE.

I WAS THINKING OF PLANNING.

MY BAD.

NO WORRIES.

IS IT A ZAP MEETING? THAT'S, I WANTED.

IT IS A ZAP.

WE DO HAVE A ZAP MEETING DECEMBER 17TH.

UM, THE ONLY WAY WE CAN POSTPONE IT IS IF YOU, AS THE APPLICANT AGREED TO HAVE POSTPONE IT AND GAVE ME A DATE, SIR.

WELL, UH, I'VE TALKED TO THE CLIENT, IF I DIDN'T REALIZE IT WAS POSTED FOR DECEMBER 17TH, THE APPLICANT WOULD BE AGREEABLE TO A POSTPONEMENT TO DECEMBER 17TH.

THANK YOU VERY MUCH.

DO WE WANNA HAVE DISCUSSION ON POSTPONING IT TO DECEMBER 17TH? LET'S HEAR FROM THE PEOPLE WHO REQUESTED THE POSTPONEMENT, JUST TO MAKE SURE THEY STILL WANT THAT.

DO Y'ALL HAVE A SPEAKER WHO CAN TALK ABOUT THIS IS LIMITED TO POSTPONEMENT TO DECEMBER 17TH.

OUR POSTPONEMENT REQUEST WAS FOR EIGHT WEEKS.

THE ONLY PERSON THAT CAN APPROVE A POSTPONEMENT AT THIS POINT IN TIME IS THE APPLICANT.

I UNDERSTAND.

HMM, I UNDERSTAND.

SO THE APPLICANT IS OFFERED UP, THEY WILL POSTPONE IT TO DECEMBER 17TH.

IF THEY GIVE ME A DATE CERTAIN, WHICH THEY'VE DONE DECEMBER 17TH, WE AS A BOARD CAN POSTPONE IT TO DECEMBER 17TH.

MAY I ASK THE APPLICANT A QUESTION? YOU BET.

I WONDER WHY MAYBE WE SHOULD TABLE THIS AND GO TO ITEM FOUR WHILE THEY DISCUSS.

WOULD THAT HELP GIVE YOU ALL, WOULD THAT HELP? WE BRING UP ITEM FOUR.

IF WE POSTPONE UNTIL THE NEXT DATE, WILL IT BE THE SAME CONDITION THAT THE ONLY WAY WE CAN MAKE A HAVE A CASE IS THAT WE CITE APPLICABLE CITY CODE THAT'S IN VIOLATION? YES.

THAT'S ALWAYS THE CASE.

I JUST WANTED TO NARROW, SORRY TO MAKE SURE WE'RE ALL CLEAR ON THE SAME PAGE.

OUR, DOES IT COMPLY WITH CODE? YES.

LET ME RESTATE, IF, IF THE APPLICANT AND, AND EVERYBODY'S TALKING ABOUT IT, A POSTPONEMENT, IF WE DO AGREE TO A POSTPONEMENT, THE APPLICANT REQUESTS A DATE CERTAIN WE CAN VOTE ON THAT.

UM, THE O WHEN IT COMES BACK UP, THE ONLY THING WE'RE EVER GONNA TALK ABOUT IS DOES IT COMPLY WITH CODE OR NOT? THAT'S THE ONLY THING IN OUR STATUTORY AUTHORITY TO LOOK AT ON A CONDITIONAL USE PERMIT.

IT'S GOT NOTHING TO DO WITH THE POSTPONEMENT OR ANYTHING ELSE, IT'S JUST THAT'S WHAT OUR AUTHORITY IS.

SO NO MATTER WHEN IT COMES UP, WE'RE ONLY LOOKING AT WHAT DOES

[00:10:01]

NO.

UM, AND SO THAT'S THE, AND WE PROBABLY WOULD NOT OPEN A PUBLIC HEARING EVEN IF WE POSTPONE IT.

BUT AGAIN, WE'RE GONNA GIVE EVERYBODY THE OPPORTUNITY WHO SIGNS UP TO SPEAK TO SPEAK.

UH, SO I DON'T WANT TO CUT ANYBODY OFF, BUT IT WON'T BE A PUBLIC HEARING, WHICH IS KIND OF WEIRD, BUT IT IS WHAT IT IS.

TO ITEM FOUR AND THEN COME BACK TO THIS.

MM-HMM.

DON'T YOU WAIT AND SPEAK TO YOUR LAWYER.

I JUST NEED A MOMENT.

TELL YOU WHAT, WE'RE GONNA MOVE

[4. Site Plan - Conditional Use Permit: SPC-2024-0287A - Panda Express CUP; District 2]

SO WE'LL GIVE Y'ALL A FEW MINUTES TO TALK ABOUT THIS.

UM, WE'RE GONNA SET ASIDE TABLE ITEM THREE FOR A FEW MINUTES.

ITEM FOUR, SITE PLAN, CONDITIONAL USE PERMIT.

SPC 2024 DASH 0 2 8 7 A PANDA EXPRESS.

AGAIN, THIS IS A CONDITIONAL USE PERMIT.

UM, THE REQUEST IS TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW A RESTAURANT LIMITED WITH DRIVE THROUGH IN THE LR ZONING DISTRICT PER 25 2 8 0 9.

SO WE'LL LET STAFF DO A PRESENTATION.

WE'LL GO FROM THERE.

GOOD EVENING COMMISSIONERS.

UH, CHRISTINE BARTOL, PROGRAM MANAGER FOR SITE PLAN TEAM.

UH, THIS REQUEST IS, UM, LAND USE ONLY.

IT IS AN A SITE PLAN.

SO THERE'S NO CONSTRUCTION PROPOSED WITH THIS PARTICULAR SITE PLAN.

UH, THEY'RE REQUESTING A CONDITIONAL USE PERMIT BECAUSE THEY WANT TO BUILD A, A RESTAURANT WITH A DRIVE-THROUGH AND DRIVE-THROUGH IS, UH, CONDITIONAL USE FOR LIMITED RESTAURANTS IN THIS ZONING DISTRICT.

SO THEY DO NEED COMMISSION APPROVAL, UH, BEFORE THEY WOULD BE ABLE TO DO THAT.

UH, ITS SITE IS CURRENTLY UNDEVELOPED.

UH, IF THIS IS APPROVED, THEN THEY WILL SUBMIT A B SITE PLAN TO ACTUALLY DO THE CONSTRUCTION AND THE B WILL HAVE TO COMPLY EXACTLY WITH WHAT'S APPROVED ON THE A.

UH, WE ARE RECOMMENDING APPROVAL AND, UH, I BELIEVE THERE'S, I BELIEVE THE APP APPLICANT IS HERE TO SPEAK AND I BELIEVE THEY'RE ALSO A COUPLE OF NEIGHBORS HERE TO SPEAK, UH, AGAINST IT AS WELL.

APPROVED WITH THE ZONING APPLICATION IN 2013.

AND HAPPY TO TAKE ANY QUESTIONS.

ANY QUESTIONS FOR STAFF? OKAY.

HEAR FROM THE APPLICANT.

PREPARED A FEW SLIDES TO KIND OF GUIDE THE DISCUSSION.

MY NAME IS KAREN NCH.

I WORK FOR PVE DAWSON ENGINEERS AND I'M, UH, THE APPLICANT AND REPRESENTING PANEX EXPRESS FOR THIS, UM, THIS CASE.

SO, UH, THANK YOU FOR YOUR CONSIDERATION.

UM, SO PANEX EXPRESS IS, UM, VERY EXCITED ABOUT THIS LOCATION.

IT'S AT 7,200 SPRINGFIELD DRIVE AT WILLIAM CANNON DRIVE.

UM, I WAS OUT THERE YESTERDAY TO TAKE SOME PHOTOS AND THIS IS, UM, LOOKING FROM THE SCHOOL.

THE, UH, HILLCREST, UH, ELEMENTARY SCHOOL IS ACROSS THE STREET.

SO THIS IS, UM, LOOKING ACROSS YOU CAN SEE THAT, UM, THE WILLIAM CANNON EXPANSION AND RECONSTRUCTION PROJECT IS VERY MUCH, UM, UNDERWAY AND IN IN PROCESS, UM, AS WELL AS THE RECONSTRUCTION OF THE SPRINGFIELD, UM, INTERSECTION.

SO IT'S WITHIN A COMMUNITY THAT CONTINUES TO GROW AND DEVELOP.

UM, THE WILLIAM CANYON DRIVE EXPANSION WILL IMPROVE CAPACITY, EASE AND EASE TRAVEL ALONG THE CORRIDOR ONCE COMPLETE.

AND, UM, THE RECONSTRUCTION AND IMPROVEMENT OF WILLIAM CANON CANNON AND SPRINGFIELD, AS YOU CAN SEE, IS, IS, UM, IT, IT'S IN THE MIDDLE OF IT, , UM, JUST DOWN THE ROAD FURTHER EAST ON WILLIAM CANNON.

THIS IS, UM, EASTON PARK.

UM, IT'S GOT SOME COMPLIMENTARY AUTO ORIENTED AND DRIVE THROUGH USES SUCH AS A AUTO ZONE.

SOME OF, SOME OF THESE ARE OPEN, SOME ARE SOON TO BE OPEN.

BUT A AUTO ZONE MCDONALD'S RESTAURANT WITH A DRIVE THROUGH THE CLEAR WASH, UM, CLEAR WATER, PARDON ME, CAR WASH WITH A DRIVE THROUGH TUNNEL.

FROST BANK HAS A DRIVE THROUGH SERVICE LANE, SUMMER MOON, UM, WITH A, WITH A DRIVE THROUGH.

AND THEN, UM, SOME OTHER RETAIL AND SERVICE BUSINESSES THAT EXIST SUCH AS A, OR COMING SOON.

A DENTAL NAIL SALON ARE WITHIN THAT.

HERE'S A PICTURE OF THE SITE PLAN OF THOSE USES THAT I JUST DESCRIBED.

UM, AND, UM, BECAUSE OF THE, THE CUP REQUIREMENT FOR A DRIVE THROUGH WITHIN AN LR DISTRICT OR A COMMERCIAL NEIGHBORHOOD, COMMERCIAL DISTRICT, UM, THERE WAS EVEN MORE THOUGHTFUL SITE LAYOUT CONSIDERATION GIVEN, UM, THE BUILDING, THE DRIVE THROUGH LANES AND THE DUMPSTER ARE ALL ORIENTED, UM, FURTHEST AWAY FROM THE RESIDENCE AND CLOSEST TO, TO WILLIAM CANNON, WHICH IS A, UM, ON THE A SMP AS A QUARTER MOBILITY STREET LEVEL FOUR.

UM, THE SITE WAS ALSO INCLUDED IN A COMPREHENSIVE TIA FOR OVER 105 ACRES THAT WAS

[00:15:01]

THAT WAS A ZONING APPLICATION FOR, UM, MULTIPLE TRACKS.

THIS LOT HAD ALREADY BEEN PLOTTED AS PART OF A MUCH LARGER, UM, PRELIMINARY PLAN THAT WAS APPROVED IN I THINK, 2011 TIMEFRAME.

UM, BUT THIS, UH, THIS WENT FROM MULTIFAMILY TO COMMERCIAL.

SO IT'S INTENDED OR HAS BEEN INTENDED AND PLANNED FOR AS PART OF A MASTER PLAN COMMUNITY AND, AND MUCH, UM, LARGER DEVELOPMENT PROJECT, UM, FOR COMMERCIAL RETAIL USE.

UM, WE'VE ALREADY BEEN INFORMED BY STAFF THAT A TIA COMPLIANCE MEMO WILL BE REQUIRED TO COM, UM, AS PART OF OUR SITE PLAN APPLICATION, THE CONSTRUCTION ELEMENT.

UM, AND THIS, UM, THIS, UH, EXHIBIT I PULLED FROM THE CONSTRUCTION ELEMENT PLAN JUST BECAUSE THE CUP SITE PLAN DOESN'T REQUIRE, UH, LANDSCAPING, BUT I WANTED TO DEMONSTRATE HOW, UM, HOW THERE'S GONNA BE LANDSCAPING ADDITIONAL SCREENING, UM, TO PROVIDE ADDITIONAL BUFFER BETWEEN THE SURROUNDING NEIGHBORHOOD AND THE, UM, THE PROPOSED RESTAURANT.

AND THERE'S ALSO AN EXISTING WOOD PRIVACY FENCE WITH MASON MASONRY COLUMNS, UM, ALONG THE SINGLE FAMILY AND OPEN SPACE LOT ON THE SOUTH SIDE, OR YEAH, I GUESS THAT WOULD BE, UM, YEAH, SOUTH, UM, I WAS GONNA SAY PLAN SOUTH, BUT IT REALLY IS SOUTH , UM, SIDE OF THE EXHIBIT.

THERE'S UM, THERE'S A SMALL OPEN SPACE LOT WITH A, UM, SIDEWALK.

AND I JUST ALSO WANNA POINT OUT, UM, KIND OF WITHIN THE CONTEXT OF, UH, THE IMAGINE AUSTIN CORRIDOR DISCUSSIONS THAT YOU GUYS HAVE HAD PREVIOUSLY, THAT THE WILLIAM CANNON EXPANSION PROJECT IS NOT ONLY MULTIPLE LANES OF WILLIAM CANNON, BUT UM, I SAW OUT THERE YESTERDAY, THERE'S, I DON'T KNOW, I WANNA SAY LIKE AN EIGHT OR 10 FOOT, UM, SIDEWALK THAT'S BEING INSTALLED ON THIS, ALONG THIS PROPERTY ON THIS SIDE OF THE ROAD.

UM, THERE'S CONNECTIONS AS PART OF THIS, UH, SPRINGFIELD DEVELOPMENT MASTER PLAN DEVELOPMENT, UM, CONNECTIONS FROM OUR LOT TO THE, UM, TO THE COMMERCIAL DEVELOPMENTS, UM, TO THE EAST ACROSS SPRINGFIELD AND ACROSS, UM, MCKINNEY FALLS PARKWAY.

AND SO IT'S MORE, UM, I GUESS IT'S NOT, YES, A DRIVE THROUGH IS AN AUTO ORIENTED USE, BUT THIS IS MORE OF A MULTIMODAL SITUATION THAT WILL FACILITATE BICYCLE PEDESTRIAN AND, UM, THE MORE COMMON, AT LEAST IN THIS AREA TODAY, UH, AUTO RELATED, UM, TRAVEL.

UM, BUT I THINK THAT'S ABOUT ALL I HAVE TO SAY, BUT I'M HAPPY TO ANSWER QUESTIONS AND, UM, LIKE I SAID, PANDA EXPRESS IS VERY EXCITED ABOUT THIS LOCATION AND SO WE, WE WOULD CERTAINLY, UM, APPRECIATE YOUR SUPPORT.

EAST OVER AREA, FROST BANK, SUMMER MOON COFFEE.

THANK YOU CHAIR.

WE WILL NOW HEAR FROM OUR SPEAKER IN OPPOSITION, CHARLES STEVENS.

CHARLES, YOU'LL HAVE THREE MINUTES.

WHY NOT SIX? HE DID NOT WISH TO BE THE PRIMARY.

IT HOPEFULLY WON'T TAKE ME THAT LONG, BUT THANK YOU.

SURE.

UM, I'M CHARLES STEVENS.

I LIVE IN, UH, 69 12 ON DRA, WHICH IS A FEW HOUSES DOWN FROM BEHIND WHERE THIS, UH, PANDA EXPRESS IS GONNA BE BUILT.

UM, WE RECENTLY HAVE ALREADY HAD A 15 FOOT CONCRETE RETAINING WALL BUILT BEHIND OUR HOUSE THAT ACTUALLY STANDING INSIDE OUR HOUSE YOU CAN NO LONGER SEE OUT.

AND IT LOOKS INCREDIBLY, UH, UTOPIAN AND DYSTOPIC, UM, WHICH CAUSED MY WIFE A LOT OF STRESS AND REALLY KIND OF LOWERED THE PROPERTY VALUE, IN MY OPINION, OF OUR HOME.

UM, I, I UNDERSTAND THAT, UM, THE REPRESENTATIVE WANTED TO, UH, MENTION ALL THE STUFF THAT SHE WAS PROBABLY TOLD TO MENTION, UM, 'CAUSE IT'S HER JOB, BUT, UM, I DON'T THINK SHE WOULD BE VERY HAPPY WITH A PANDA EXPRESS BEING BUILT BEHIND HER HOUSE.

AND SHE ALSO DIDN'T MENTION A SINGLE REASON WHY A PANDA EXPRESS WAS NEEDED THERE.

UM, I WAS LOOKING AT THE MAP THAT SHE HAD UP THERE, UM, OF THE NEW DEVELOPMENTS AND ALL THE DIFFERENT THINGS THAT ARE ALLEGEDLY BUILT AROUND THIS AREA.

AUTO ZONE IS ABOUT FIVE TO EIGHT MINUTES DOWN THE ROAD FROM WHERE THIS IS.

MCDONALD'S IS NOT THERE YET.

YOU ALSO DON'T NEED A MCDONALD'S.

UM, I DON'T KNOW WHERE THIS CAR WASH IS.

I THINK IT'S OVER IN THE EAST,

[00:20:01]

UM, I UNDERSTAND THAT THERE ARE MORE PEOPLE LIVING OUT THERE AND WILL BE LIVING OUT THERE THAT'S ON THE OTHER SIDE OF MCKINNEY FALLS PARKWAY, AND IT IS NOT RIGHT BEHIND A BUNCH OF PEOPLE'S HOUSES.

SO, UM, PANDA EXPRESS IS INCREDIBLY UNHEALTHY.

UH, THERE'S A ELEMENTARY SCHOOL RIGHT ACROSS THE STREET BEHIND OUR HOUSE AS WELL THAT I WOULDN'T WANT MY KIDS EATING PANDA EXPRESS AND I PLAN THAT NEVER TO LET THEM.

UM, I'M INCREDIBLY FRUSTRATED ABOUT THIS WHOLE THING AND, UH, I STRONGLY DISAPPROVE OF IT.

SO, UM, THAT'LL BE MY TIME.

THANK YOU VERY MUCH, CHAIR.

THAT CONCLUDES THE SPEAKERS ON THIS ITEM.

THE APPLICANT, YOU HAVE THREE MINUTES REBUTTAL, IS THAT RIGHT? CORRECT.

UH, I DON'T DISAGREE THAT THE, UM, THE OTHER USES THAT I WAS REFERRING TO ARE ON THE OTHER SIDE OF, UM, MAKING A FALLS PARKWAY.

I WAS JUST, UM, I GUESS I JUST WANTED TO MAKE THE POINT THAT, UH, WILLIAM CANNON IS A, A LARGE CORRIDOR WITH, UM, LARGE NUMBER OF CARS AND TRAFFIC, AND THESE ARE OTHER EXAMPLES OF, OF, OF SIMILAR USES WITHIN THE VICINITY.

UM, THIS LOT HAS BEEN PROPOSED SINCE, WELL, FOR OVER A DECADE NOW FOR, UM, COMMERCIAL USES.

UM, SO THERE ARE A NUMBER OF OTHER COMMERCIAL USES THAT COULD, COULD GO THERE.

UM, THE WHAT IS TRIGGERING THE CUP IS THE DRIVE THROUGH COMPONENT OF THE RESTAURANT.

UM, AND I GUESS THAT'S ALL I HAVE TO SAY ABOUT THAT.

DOES THE OWNER OWN THE LOT? DO YOU KNOW? DOES PANDA OWN THE LOT? NO.

IS IT OKAY.

WHO, WHO OWNS THE LOT AT THIS POINT? IS THAT THE APPLICANT? UM, IT'S ACTUALLY THE, UM, WHAT I'M TRYING TO GET TO IS THAT IT'S ON, IT SHOULD BE ON THE, UM, AGENDAS, THE, I'M ASSUMING SOMETHING'S GONNA GET BUILT THERE AT SOME POINT IN TIME.

YES, YES.

UM, MCKINNEY FALLS ASSOCIATION, LLC AND THE CONTACT IS JONATHAN OCK.

BUT IT'S REASONABLE TO ASSUME THAT SOMETHING'S GONNA GET BUILT THERE.

THE QUESTION FOR US IS, DO WE WANT SOMETHING WITH A DRIVE THROUGH TO GET APPROVED THERE? YES, SIR.

ANYBODY ELSE HEAR A MOTION TO CLOSE THE PUBLIC HEARING? HANG ON BEFORE I CLOSE THE PUBLIC HEARING.

YEAH, YOU MAY NEVER DO THAT AGAIN.

, I'M JUST LOOKING AT THE PERSON WHO'S SPOKE IN OPPOSITION.

HE'S WAVING HIS HAND.

I DON'T KNOW IF I, I'M GONNA LET MY WIFE'S FOOTAGE, SHE'S NOT SIGNED UP UNLESS SUPPOSE SHE CAN OR I CAN REBUTTAL.

WELL, YOU CAN'T REBUTTAL, BUT WE COULD ASK HER A QUESTION.

MY ISSUE IS NOT, SO QUESTION COME ON UP TO FRONT.

SORRY.

WE HAVE PROCESSES WE HAVE TO GO THROUGH .

ABSOLUTELY.

JUST TELL US YOUR NAME AND THEN YOU CAN GO ON.

CHARLES CHARLES STEVENS AGAIN.

YEAH, MY ISSUE IS NOT SO MUCH THAT, UM, PANDA EXPRESS WANTS A DRIVE THROUGH OR NOT.

I DON'T CARE.

I I DON'T LIKE THE PANDA EXPRESS ASPECT OF IT.

I ASSUME THAT EVERYTHING'S GONNA BE DEVELOPED OR IN AUSTIN AND THINGS ARE EXPANDING, BUT I THINK THAT THERE ARE LITERALLY THOUSANDS OF OTHER THINGS I WOULD RATHER HAVE BUILT THERE.

UM, IF P DAWSON WANTS TO BUILD, UM, I DON'T KNOW, A HEALTH AND WELLNESS CLINIC OR SOMETHING LIKE THAT, OR ANYTHING THAT DOESN'T MAKE MY BACK OF MY HOUSE SMELL LIKE PANDA EXPRESS FOR THE REMAINDER OF MY TIME THERE, THAT WOULD BE, I UNDERSTAND.

NOW MOTION TO CLOSE THE PUBLIC HEARING.

I MOVE TO CLOSE THE PUBLIC HEARING.

DO I HEAR A SECOND THERE? A SECOND.

THE PLEASANT VALLEY LINE THAT'S OPENING IN 2025.

I'M SCARED TO .

WELL, IF WE POSTPONE, WE'RE GONNA REMEMBER TO REOPEN YES.

UM, WELL, SO I START AT THIS END AND GO THIS WAY.

HOW'S THAT? YEAH.

UH, DID YOU WANNA START? WHY DON'T YOU GO AHEAD BECAUSE I WANNA HEAR WHAT YOU SAY PART .

UM, WELL, I, I'M THE ONE WHO ASKED TO PULL THIS ITEM FROM CONSENT AND, UM, IT STARTED BECAUSE, YOU KNOW, WE AS A BODY PASSED A RESOLUTION, UH, SAYING THAT THERE WERE CERTAIN COMM PER COMMERCIAL USES THAT WE THOUGHT WERE INCOMPATIBLE WITH.

IMAGINE AUSTIN CORRIDORS AND WILLIAM CANNON IN THIS AREA HAS BEEN A SMALLER ROAD, BUT IT'S BEING EXPANDED BECAUSE IT'S PART OF THE IMAGINE AUSTIN CORRIDOR SET.

AND IT'S SPECIFICALLY THIS SECTION BETWEEN EAST PARK AND PLEASANT VALLEY ROAD IS PART OF THE RABBIT 800,

[00:25:02]

AND SO WHEN YOU PUT A UM, DRIVE THROUGH IN THIS AREA, IT'S GONNA BACK UP AND GET ONTO THAT SECTION OF WILLIAM CANNON.

AND THAT IS NOT A TRANSIT SUPPORTIVE USE THAT'S GONNA CAUSE DELAYS FOR ALL THE PEOPLE WHO ARE RUNNING ON THAT BUS THAT HAVE NO INTEREST IN WHATEVER IS BUILT THERE.

AND WHAT THAT DRIVE THROUGH IS BUILT FOR.

SO YOU'RE CAUSING HARDSHIPS FOR PEOPLE WHO ARE TRYING TO TRAVEL TO AND FROM WHEREVER THEIR DESTINATIONS ARE.

IT ALSO PRECLUDES THERE BEING A, YOU KNOW, A FUTURE BUS LANE IN THAT AREA IF THOSE DELAYS ARE THERE.

AND SO, UM, MY CONCERN ISN'T NECESSARILY WITH SAYING WHAT KIND OF BUSINESS CAN BE THERE, YOU KNOW, FOOD SERVICES, FOOD SERVICE, WE CAN'T REALLY NECESSARILY GET IN THE WAY OF THAT.

UM, AND IT MAY BE SOMETHING ELSE IN THE FUTURE, BUT I DON'T KNOW THAT A DRIVE THROUGH IS, UM, A GOOD USE ON THIS CORRIDOR.

AND SINCE IT'S A CONDITIONAL USE REQUEST, I THINK THAT WE SHOULD SAY NO, UH, TO A DRIVE THROUGH ON A CORRIDOR LIKE THIS AND BE CONSISTENT ABOUT IT.

SO WE SEND THE RIGHT MESSAGE TO COUNSEL.

ANYBODY ELSE? YEAH, I JUST WANTED TO, UH, CHIME IN WITH WHAT COMMISSIONER STERN WAS SAYING THAT THIS DOES NOT GO ALONG WITH THE VISION, THE CITY'S VISION, UM, OF THAT AREA.

I'M SOMEWHAT FAMILIAR WITH THE, WITH EASTON PARK.

I LIVE NOT FAR FROM IT AND GO BY THERE EVERY SO OFTEN AND KNOW THE AREA AND THE FUTURE DEVELOPMENT IS VERY MUCH FOR A HUB OF ACTIVITY.

THERE'S GONNA BE THE 800 LINE, THERE'S GOING TO BE AN HEB THERE, THERE'S ALREADY A SCHOOL, UM, A VARIETY OF DIFFERENT HOUSING TYPES.

UM, THIS IS NOT A, THERE'S GONNA BE A LOT OF ACTIVITY, PEOPLE ON FOOT ON TRANSIT BIKING.

THERE'S A MULTIMODAL, UH, VISION FOR THAT THAT I THINK WE, A DRIVEWAY ON A BIG CORRIDOR LIKE THAT IS JUST INCOMPATIBLE.

UM, THE BUSINESS CAN STILL DO WELL.

THERE'S A LOT OF, THERE'S A BIG CUSTOMER BASE THERE AND A BIG LOCAL MARKET.

IT DOESN'T NECESSARILY NEED PEOPLE TO GO THROUGH A DRIVEWAY TO DO THAT.

AND I LOOK AT THE SITE PLAN AND I SEE JUST ONCE AGAIN, IT IS A TINY LITTLE SPECK OF RESTAURANT IN A BIG OLD SEA OF CAR STORAGE AND CAR MOVEMENT INFRASTRUCTURE.

UM, AND YET WE DON'T HAVE THE, YOU KNOW, IT'S BEYOND US TO SAY WHAT KIND OF DEVELOPMENT GOES IN THERE OR WHAT KIND OF RESTAURANT, UH, TO AN EXTENT.

UM, BUT AGAIN, A DRIVEWAY I DON'T THINK IS COMPATIBLE WITH THE VISION, UH, FOR THAT LOCATION.

UM, SO I AM PERSONALLY, UH, GONNA SAY NO ON THIS ONE.

UM, JUST AS A FORMALITY, UH, WE'RE GONNA RECOGNIZE THAT DAVID FS JOINED US.

UH, YES.

APOLOGIES FOR MY TARDINESS.

, YOU SCARED ME WHEN YOU SPOKE UP.

I WAS LIKE, WHERE'S THAT COMING FROM? .

ANYBODY ELSE HAVE ANYTHING TO SAY? SO THE ONLY THING WE'RE LOOKING AT HERE IS A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-THROUGH.

YEAH, I WAS GONNA SAY THAT'S THE ONLY THING.

I DIDN'T INTEND TO PULL IT, I WOULD'VE JUST GONE ON RECORD AS VOTING.

NO, BECAUSE I DON'T LIKE DRIVE-THROUGHS.

I LIVE NEAR A P TERRY'S, UM, ON THAT P TERRY'S IS ON LA MAR AND IT ACTUALLY CAUSES TRAFFIC JAMS, OR AT LEAST ONE LANE OF TRAFFIC GETS BACKED UP ON LAMAR.

AND I THINK WHY CAN'T THOSE PEOPLE JUST GO INTO THE RESTAURANT, , PICK UP THEIR FOOD, MAYBE EVEN EAT AT THE RESTAURANT.

UM, YOU KNOW, I'M SORRY IF YOU DON'T LIKE PANDA EXPRESS.

UM, BUT IT'S ALSO THE EXHAUST.

YOU KNOW, WE DON'T ALL HAVE ELECTRIC CARS.

UM, SO SURELY NO MATTER WHAT KIND OF RESTAURANT DRIVE THROUGH, IT'S, YOU KNOW, THE EXHAUST AND THE CARS IDLING AND POSSIBLY EVEN BLOCKING TRAFFIC THAT I FIND OBJECTIONABLE.

I'LL HAVE TO AGREE WITH THAT.

UM, WHEN I LOOKED AT THE SITE PLAN, I DO SEE THAT THERE'S A GOOD AMOUNT OF SPACE FOR QUEUING, BUT HAVING THE QUEUING INSIDE OF THE SIDE, SACRIFICES THE SIDE AND MAKES IT BE LIKE A HUGE CONCRETE PAD IN A SUPER SMALL RESTAURANT, UM, WITH A DRIVE IN BETWEEN THE BUILDING AND THE SIDEWALK.

SO GOES AGAINST ALSO SUB CHAPTERY.

UM, SO I WOULD VOTE NO AS WELL.

CORRIDOR, I THINK CONTINUALLY WE HAVE COME UP WITH PLANS AS A CITY SAYING, OKAY, WE WANT TO TURN THESE AREAS INTO TRANSIT CORRIDORS.

YEAH, I'M, I'M NOT REFLEXIVELY AGAINST PANDA EXPRESS OR DRIVE-THROUGHS, BUT, UM, LOOKING AT THIS IN THE SITU IN THE CONTEXT OF THE IMAGINE AUSTIN

[00:30:01]

WE HAVE A VISION FOR THE FUTURE, HOW WE WANNA HAVE THINGS BUILT.

AND I DO THINK IT'S IMPORTANT TO REMAIN CONSISTENT, UM, WITH THE INTENT, THE INTENTIONS OF THOSE PLANS, SUCH AS KEEPING DRIVE-THROUGHS OFF THE CORRIDOR SO THAT WE CAN FACILITATE FURTHER TRANSIT SERVICES AS THE AREA GROWS.

I'LL JUST PILE ON FOR FUN.

, UM, I, I WASN'T REALLY MOVED HAVING READ THE BACKGROUND, BUT, UM, I APPRECIATE THE SPEAKER.

I DIDN'T REALIZE THE, UH, PROXIMITY TO PEOPLE'S BACKYARDS AND I THINK THE I IDLING IS AN, IS SORT OF INSULT TO INJURY FOR FOLKS THAT ARE HAVING TO DEAL WITH THAT INCOMPATIBILITY.

SO I'M ALSO GONNA VOTE AGAINST IT, CALL IT LIVE A DIFFERENT DIRECTION.

IS THERE A MOTION TO APPROVE THE CONDITIONAL USE PERMIT? HEARING NONE THE APPLICANT CAN REQUEST A POSTPONEMENT OR WE CAN TAKE A VOTE RIGHT NOW.

I WOULD LIKE TO REQUEST A POSTPONEMENT.

PLEASE.

DO WE WANT TO REQUEST POSTPONEMENT 30 DAYS? UH, I REQUEST A POSTPONEMENT TO DECEMBER 17TH MEETING.

UM, I DON'T KNOW IF THE, IF THE OUTCOME IS A COMEBACK WITH ANOTHER DRIVE THROUGH, I THINK YOU SEE WHAT'S GOING ON .

BUT I WANNA GIVE YOU THE CHANCE TO TALK TO THE OWN APPLICANT AND SEE IF THEY WANNA CHANGE WHAT THEY WANT TO DO ON THE SITE BEFORE WE JUST DENY A CONDITIONAL USE PERMIT.

SO, UNDERSTOOD.

WE'LL POSTPONE THIS TILL THE NEXT MEETING.

YEP.

DECEMBER 7TH.

YOU NEED TO VOTE? YES.

DO I HEAR A MOTION TO POSTPONE THE CASE TO DECEMBER 17TH? COMMISSIONER, DO WE NEED TO ALSO REOPEN THE PUBLIC HEARING? I DON'T, THAT WOULD ONLY BE IF THE POSTPONEMENT WAS, UH, MORE THAN 14 DAYS.

BUT IT STILL COULD PUT US IN A POSITION.

UM, BUT I THINK THE PRESIDENT'S BEEN SAYING WE'RE GONNA HEAR FROM ANYBODY WHO WANTS TO SPEAK.

I, I'M JUST UNCLEAR WHAT COULD CHANGE ON A CONDITIONAL USE PERMIT THAT'S FOR A DRIVE THROUGH WHEN I'M HEARING A LOT OF OPPOSITION TO DRIVE THROUGH.

THERE MAY NOT BE.

I'M JUST SAYING IF SHE'S, IF THE APPLICANT GENERALLY WANTS TO POSTPONE IT, WE GENERALLY GRANT ONE FOR THE OWNER, THE APPLICANT OR THE NEIGHBORHOOD ASSOCIATION.

WE GENERALLY GRANT A POSTPONEMENT IF IT'S REQUESTED AND SHE'S REQUESTED IT.

SO BEFORE WE DENY, I WANTED TO GIVE THE OPPORTUNITY LIKE WE WILL DO AND POSTPONE ONE, WHICH IS COMMON OF, OF WHAT WE DO.

BUT I THINK SHE CAN WALK AWAY FROM THIS AND SEE THAT SHE'S GOT ABSOLUTELY NOBODY UP HERE VOTING FOR A DRIVE THROUGH .

I, I'M JUST, IT'S VERY CLEAR THE REASON FOR THE, I I'M JUST BEING, UM, I'M THINKING OF THEIR PROPOSED CLOSING DATE AND IF THEY, IF THEY ARE WILLING AND ABLE TO REDESIGN THE SITE TO ELIMINATE THE DRIVE THROUGH, THEN WE DON'T NEED THE CUP AND THEY CAN STILL MOVE FORWARD.

UM, BUT I, I DON'T KNOW, I WOULD APPRECIATE THE OPPORTUNITY TO HAVE THAT DISCUSSION WITH THEM.

SO THAT'S A POSSIBILITY.

BUT THEN IT DOES, IT DOESN'T, IT DOESN'T INITIAL USE PERMITS.

SHE MAY MAY NOT COME BACK IN TWO WEEKS, BUT THEY MAY COME BACK AND SAY, WE'VE GOT A, SO IF WE DENY THIS UP IT'S NO DIFFERENT.

ONCE YOU DENY THEY CAN'T, IT DOES AFFECT THEM BRINGING SOMETHING BACK.

DOES IT DENY THE SITE PLAN? NO, IT ONLY DOES NOT ALL.

IT ONLY DENIES THE CONDITIONAL USE PERMIT.

CORRECT? WELL IT'S STILL A $15,000 APPLICATION.

SO IF, IF THEY WANNA PULL TO SUBMIT THE CONDITIONAL USE PERMIT, PERMIT THE CP WELL THAT'S ALREADY SPENT.

THAT'S WHY I'M SAYING IT.

CAN THEY COME UP WITH A WE YEAH, WE WOULD, WE WOULD APPRECIATE THE OPPORTUNITY TO, TO DISCUSS, UH, TO DISCUSS THAT.

AGAIN, I, I DON'T, I DON'T SEE THEM BACK SAYING WE WANNA DO A CONDITIONAL USE PERMIT FOR A DRIVE THROUGH NEXT, BUT THEY MAY COME BACK WITH SOMETHING DIFFERENT AND IT MAY NOT EVEN REQUIRE US TO TAKE AN ACTION, BUT IT LEAVES THE CASE OPEN FOR A COUPLE OF WEEKS, WHICH IS NOT UNCOMMON FOR US TO DO.

COULD STAFF TELL US WHAT OTHER CONDITIONAL USE PERMIT THEY COULD ASK FOR WITHOUT HAVING TO PAY ANOTHER $15,000? UM, I, I SUPPOSE THEY COULD ASK FOR A COCKTAIL LOUNGE, BUT THEY DON'T HAVE YOU ACROSS FROM AN ELEMENTARY SCHOOL.

THEY DON'T HAVE THE ZONING FOR, AND THAT'S KIND OF WHAT I'M SAYING.

IS THERE, IS THERE AN OPPORTUNITY? I CAN'T THINK OF ANYTHING UP HERE.

Y'ALL MAY NOT BE ABLE TO COME UP WITH ANYTHING AND THERE CONDITIONAL USE, BUT THERE MAY BE SOMETHING OUT THERE THAT A CONDITIONAL USE THAT THEY COULD COME UP WITH THAT WOULD BE A A THE NEIGHBORHOOD CAN AGREE WITH.

I MEAN IT IS OUR PRACTICE JUST TO GRANT REQUESTS FOR POSTPONEMENT.

SO I I I DON'T SEE THE HARM IN THAT PERSONALLY.

YEAH, I DEFINITELY, UH, REACH OUT TO THE NEIGHBORS AND THE APPLICANT AND SEE WHAT OTHER POSSIBILITIES THERE ARE.

BUT THEY'RE, THEY'RE PRETTY LIMITED GIVEN THE LOCATION ACROSS FROM AN ELEMENTARY SCHOOL.

AGREE.

SO THERE MAY BE NOTHING BUT GIVE 'EM THE SHOT.

I PAID A BIG FEE TO GET HERE.

SO , SO WE HAVE A MOTION TO, TO

[00:35:01]

POSTPONE.

DO WE HAVE A SECOND? LET'S OPEN THE PUBLIC HEARING JUST CASE.

I APPRECIATE MOTION TO, THE MOTION IS TO OPEN THE REOPEN THE PUBLIC HEARING AND POSTPONE THE CASE TILL NEXT MONTH.

I'LL SECOND.

1, 2, 3, 4, 5 VOTE.

SEVEN OPPOSED? I CHANGED SIX TO TWO.

IT'S A MOTION PASSES ON A SIX TO TWO VOTE.

SO THE PUBLIC HEARING WILL BE REOPENED.

WE'LL COME BACK AGAIN IN TWO WEEKS IF THEY WANT TO, UM, IF THEY WANT TO AND CAN COME UP WITH A DIFFERENT CONDITIONAL USE THAT DOESN'T INVOLVE A DRIVE THROUGH OR SOMETHING DIFFERENT OR A COCKTAIL LOUNGE.

[3. Site Plan - Hill Country Roadway: SPC-2023-0357C - North Trail Office Park; District 10 (Part 2 of 2)]

ITEM THREE.

THREE.

WE CAN HEAR FROM THE APPLICANT, UH, MICHAEL WHALEN ON BEHALF OF THE APPLICANT.

UM, I UNDERSTAND.

WELL I'LL LET THEM SPEAK FOR THEMSELVES, BUT THE APPLICANT IS REQUESTING ITS FIRST REQUEST FOR POSTPONEMENT TO DECEMBER 17TH.

DARN.

NOW WE HAVE TO DO IT.

UM, THIS IS, SO WE'LL HAVE DISCUSSION ONLY ON THE POSTPONEMENT.

MARCUS SCHAFFEL, DISTRICT 10, THE OPPOSITION WITHDRAWS OUR REQUEST FOR A POSTPONEMENT.

NEIGHBORHOOD MADE THEIR LAST POSTPONEMENT REQUEST.

DO YOU STILL WANT TO HAVE A POSTPONEMENT TO DECEMBER 17TH? YES.

SO WE'RE GONNA POSTPONE TO DECEMBER 17TH AT THE REQUEST OF THE APPLICANT.

THAT'S THE RE THAT'S THE REQUEST.

WE STILL HAVE TO HAVE A MOTION FOR THAT, BUT THERE'S BEEN NO POSTPONEMENTS TO DATE BY ANYBODY WHO MADE THE LAST POSTPONEMENT.

THAT WAS THE NEIGHBORHOOD.

SO THIS IS THE APPLICANT GAVE REQUESTING POSTPONEMENT AND WE ONLY GAVE THEM 14 DAYS.

WE GAVE THE, WE HAVE THE APPLICANT THE OPPOSITION.

14 DAYS, NOW WE'RE GIVING THE APPLICANT'S REQUESTING 14 DAYS.

SO DO I HEAR A MOTION TO APPROVE A POSTPONEMENT? 14 DAYS.

COMMISSIONER FLORES.

SO I HEAR A SECOND.

SECOND.

ALL THOSE OPPOSED AND AGAIN, THAT I'M, I'M ABSTAINING.

YOU'RE ABSTAINING.

SO 6 1 1.

SO A MOTION PASSES TO POSTPONE TO, UM, DECEMBER 17TH.

AND AGAIN, WE'LL DO JUST LIKE, WE WON'T OPEN A PUBLIC HEARING, BUT ANYBODY SIGNED UP TO SPEAK, WE'LL BE ABLE TO SPEAK AND IT'LL ONLY BE ON THE, DOES IT MEET CODE OR NOT MEET CODE.

WHEW, MAN.

THAT MADE ME THINK TONIGHT.

SPEAK ON THE PROCEDURE.

UM, MOVING ON TO ITEM FIVE,

[5. Discussion and action to recommend to City Council a recommendation to allow some commercial uses in residential zoning. Sponsors: Commissioner Puzycki and Commissioner Stern]

DISCUSSION AND ACTION.

TO RECOMMEND THE CITY COUNCIL A, A RECOMMENDATION TO ALLOW SOME COMMERCIAL USES IN RESIDENTIAL ZONING SPONSORS, COMMISSIONER PKI AND COMMISSIONER STERN.

I WILL LET THEM SPEAK TO THIS, BUT BASICALLY I THINK WHAT WE'RE LOOKING AT IS SIMILAR TO THE LAST MOTION WE HAD, UM, BASICALLY REFERRING THIS TO A SUBCOMMITTEE.

UH, THEN DID WE DO THE LAST PRESENT? DID WE DO THE LAST DEFERRAL TO CODES AND ORDINANCES OR TO BOTH THE COMP PLAN? THE LAST ONE I THOUGHT ALL ARE, IT WENT TO JOINT CODES AND ORDINANCES, BUT IT HASN'T BEEN THERE YET.

NOT THAT WE HAVEN'T HAD A MEETING YET THAT I KNOW OF, BUT ANYWAY, THAT'S KIND OF WHAT THE DISCUSSION WAS GONNA BE, SO I'LL LET YOU GUYS GO FROM THERE.

UM, SO SINCE, UH, LAST TIME WE HAVE, UH, I GUESS WE'VE HAD A COUPLE OF MONTHS IN WHICH WE'VE HEARD SOME FEEDBACK FROM A LOT OF PEOPLE.

SO WE'VE TRIED TO INCORPORATE SOME, UH, ADJUSTMENTS INTO THE ORIGINAL RECOMMENDATION THAT WE WROTE SPECIFICALLY RELEVANT TO TONIGHT, UM, PROHIBITING ANY DRIVE THROUGH USES FOR ANY COMMERCIAL USE IN RESIDENTIAL NEIGHBORHOOD, MAKING THAT VERY CLEAR.

UM, WE HAVE ALSO TAKEN THE, UM, THE LIST OF USES OUT, WE'VE MADE THEM CONDITIONAL USES FOR THE SINGLE FAMILY ZONES, UH, AND BUY RIGHT IN THE MULTI-FAMILY ZONES.

UM, SO THEN, YOU KNOW, THERE STUFF TO GO THROUGH.

THEY'RE, THEY'RE NOT CLARIFIED.

ADDITIONAL USE PROCESS AND THEN, UM, WE, WE KIND OF REORGANIZED THE, THE DOCUMENTS.

SO WE WE HAD SOME THERE.

HOLD ON.

JUST LIKE I HEAR STA I JUST WANTED TO STATE THAT WE DID HAVE A SPEAKER ON THIS ITEM.

I DIDN'T KNOW PROCEDURALLY WHEN WE WERE GONNA, UM, YEAH, I'M JUST TRYING TO GET, WE'RE JUST TALK ABOUT AT THIS POINT IN TIME.

SO, AND, UM, TO CLARIFY, UM, NOT ONLY, WE ALSO ADDED IN ALL ZONING CATEGORIES USING A PDA COMBINING DISTRICT, WHICH IS A MULTIFAMILY DISTRICT.

BUT JUST TO CLARIFY, IF THEY USE PDA, THEN THESE ARE ALLOWABLE USES CURRENTLY.

DO WHICH COMMITTEE DID WE DEFER THIS LAST ONE TO? WAS IT CODES AND ORDINANCES OR WAS IT CONFERENCING PLAN JOINT COMMITTEE? WE DID BOTH, BUT IT WAS IT BOTH.

IT WAS BOTH WITH SOME NOISE.

DID YOU WANNA FINISH LAYING IT OUT? I JUST KIND WANTED TO INTRODUCE THE ITEMS OF WHAT WE DID.

SO YOU HAVE SOMEONE TO SPEAK, CORRECT? WE HAVE ONE SPEAKER BE SPEAKING WITH US VIRTUALLY JENNY GRAYSON.

SHE IS SPEAKING IN OPPOSITION.

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

YOU WILL HAVE SIX MINUTES.

[00:40:02]

OH, OKAY.

SO IS SHE STILL ONLINE? SHE'S ONLINE.

JENNY GRAYSON, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.

YOU'LL HAVE SIX MINUTES.

CAN I ASK A CLARIFYING QUESTION BEFORE MY TIME BEGINS? SURE.

I'VE HEARD THAT Y'ALL, I HEARD Y'ALL SAY THAT YOU CHANGED SOME OF THE USES THAT THEY MIGHT BE HAVE TO APPLY FOR USE PERMIT.

IS THAT FOR ALL COMMERCIAL, UM, ZONING IN RESIDENTIAL OR WHAT DOES THAT MEAN? YES, SO I'M WONDERING IS HAS THE LATEST VERSION BEEN POSTED? JUST THE SINGLE FAMILY? I THINK IT'S POSTED.

YEAH, IT'S POSTED.

THE RED LINE VERSION.

SO THERE, THERE IS A FINAL VERSION ON THE ZONING AND PLATING COMMISSION WEBSITE.

THERE'S BOTH THE FINAL DRAFT AND THE MARKUP COPY, WHICH YOU CAN SEE IF YOU, UM, IF YOU JUST TYPE IN ZONING AND COMMISSION AUSTIN AND YOU GO TO THE WEBSITE, YOU CAN SEE THERE'S BACKUP MATERIALS ON ITEM FIVE AND IT SAYS COMMERCIAL USES IN RESIDENTIAL ZONING, FINAL DRAFT AND THEN THE MARKUP.

SO YOU CAN SEE WHAT CHANGES WE MADE FROM THE ORIGINAL.

SO I LOOKED AT THAT DOCUMENT AND I'LL SPEAK TO THAT DOCUMENT.

I THINK THE ONE THAT I RECENTLY, YESTERDAY SAW WAS, UH, LISTED LIKE, UM, HEALTH SERVICES, GUIDANCE SERVICES, ET CETERA.

SO I'M GONNA SPEAK TO THAT DOCUMENT AND APOLOGIES IF THAT'S NOT THE LATEST DOCUMENT, BUT, OKAY.

WHEN I ORGANIZED MY THOUGHTS YESTERDAY, THAT'S WHAT IT WAS.

SO, OKAY, SO TIME BEGINS.

I AM JENNY GRAYSON HERE TO SPEAK IN OPPOSITION OF ALLOWING COMMERCIAL USES IN RESIDENTIAL ZONING.

FIRST, I LIVE IN A NEIGHBORHOOD THAT HAS TWO VERY POPULAR RESTAURANTS AT OPPOSITE ENDS OF A VERY BUSY STREET.

WE HAVE HAD NUMEROUS HIT AND RUN CAUSED BY CUT THROUGH TRAFFIC CARS DAMAGED FROM COMPACT SPACING AND PEDESTRIAN INCIDENTS WHERE PEOPLE HAVE BEEN STRUCK BY CARS TRAVELING TOO FAST THROUGH CONGESTED AREAS.

OUR STREETS ARE IMPASSABLE.

THE NARROW WIDTH OF OUR STREETS CAN CAN'T ACCOMMODATE CARS PARKED ON EACH SIDE OF THE STREET WHILE ALSO ACCOMMODATING CARS TRYING TO MANEUVER IN BOTH DIRECTIONS.

TRAFFIC SPILLS OUT ONTO THE LARGER STREETS LIKE MLK AND EAST 12TH STREET ROUGHLY.

PEOPLE HAVE TO WAIT IN TRAFFIC BEFORE THEY CAN TURN INTO THEIR NEIGHBORHOOD.

IT'S A DISASTER WAITING TO HAPPEN WHEN YOU HAVE CARS WAITING AT STOP SIGNS CROSSING THROUGH TRAFFIC, REVERSING MAKING U-TURNS PULLING OUT OF A PARKING LOT AND PEDESTRIANS WEAVING IN AND OUT OF ALL THIS, THIS MOVEMENT CAUSE CONFUSION, ANCE AND DRIVERS IGNORES FOR NO PARKING.

THEY BLOCKED STOP SIGNS AND INTERSECTIONS AND PARK IN THE CORNERS OF STREET.

THEY EVEN BLOCK AND BLOCK ENTIRE DRIVEWAYS.

RECENTLY WE HAD 24 PARKING VIOLATIONS IN FRONT OF ONE PERSON'S HOUSE AND SHE MOSTLY COULDN'T SURE OR LEAVE HER DRIVEWAY BECAUSE PEOPLE WERE BLOCKING IT.

IF SHE HAD 24 VIOLATIONS IN FRONT OF HER HOUSE, IMAGINE HOW MANY VIOLATIONS HAPPENED IN THE ENTIRE STREET.

WE'VE WORKED WITH 31 REPS IN THE CITY TRANSPORTATION DEPARTMENT TO REGULARLY PATROL STREET.

WHAT WILL HAPPEN WHEN EVERYTHING FROM PARKING ENFORCEMENT TO PATROL THEIR STREET AND ISSUE CITATIONS.

THE CITY OF AUSTIN'S ALREADY UNDERSTAFFED AND UNDERFUNDED.

SO WHERE WILL THESE RESOURCES COME TO COME TO PROVIDE THE PARKING ENFORCEMENT? UM, IN THE BACKUP IT PROPOSED ALLOWABLE BUSINESSES WOULD BE MEDICAL OFFICE SERVICES, PERSONAL IMPROVEMENT, GUIDANCE, SERVICES, CONVENIENCE, MORE BESIDES THE CONVENIENCE STORES.

MOST OF THESE PURPOSES SOUND VERY NICHE AND ARE LIKELY TO ATTRACT PEOPLE FROM ACROSS THE CITY RATHER THAN FROM WITHIN WALKING OR TRANSIT DISTANCE.

MOST PEOPLE DON'T WALK OR TAKE TRANSIT, THOSE SPECIFIC CONDITION.

AND IT'S UNLIKE EACH BUSINESS WILL GARDEN CLIENT ENOUGH CLIENTS FROM WITHIN THE NEIGHBORHOOD TO BECOME A DRIVING BUSINESS.

MORE LIKELY THAT PEOPLE WILL DRIVE TO THESE BUSINESSES, PARK THEIR CARS IN THE NEIGHBORHOOD STREET AND DIMINISH THE SAFETY OF OUR NEIGHBORHOODS.

OPENING UP OUR INTERIOR NEIGHBORHOODS IS A MISTAKE.

WE'RE ALREADY INUNDATED WITH EXCESSIVE TRAFFIC FROM SHORT-TERM RENTAL HOMES AND THE VERY POPUL THAT BORDER OUR NEIGHBORHOODS.

AND I KNOW MCKINLEY HEIGHTS IS NOT UNIQUE AND REALLY WONDERING WHY OUR CITY IS AGAINST NEIGHBORHOODS.

WE CURRENTLY ALLOW COMMERCIAL SPACES ON THE PERIMETER OF MOST NEIGHBORHOODS.

AND WHY DO WE NEED TO CHANGE THIS? AT THE LAST SESSION DISCUSSION, I HEARD A COMMISSIONER SAY THAT IF SOMEONE WANTED TO WALK TO GET SPACE, THEY SHOULD BE ABLE TO.

MOST NEIGHBORHOODS HAVE A CONVENIENT STORE WITHIN WALKING DISTANCE AND MOST PEOPLE DON'T WALK TO GET ICE BECAUSE IT'S USUALLY HOT WHEN ICE IS ON YOUR SHOPPING LIST.

IF YOU WANT TO ENCOURAGE PEOPLE TO USE PUBLIC TRANSPORTATION, TAKE THIS THAT'S NECESSARY TO REDUCE THE TIME IT TAKES TO USE PUBLIC TRANSPORTATION AND PEOPLE WILL START USING IT.

MOST PEOPLE AREN'T THINKING, I WISH I COULD TAKE THE BUS TO GET ICE.

MOST PEOPLE ARE THINKING, I WISH IT DIDN'T TAKE ME 47 MINUTES TO TAKE THE BUS TO GET ICE.

ZONING IS THE CITY'S WAY OF PRESCRIBING REGULATIONS FOR

[00:45:01]

A DISTRICT.

IF YOU MIX COMMERCIAL AND RESIDENTIAL COMPLETELY, YOU'RE FIGHTING AGAINST THE ZONING LAWS.

WE'VE ACCEPTED AND BUILT STANDARDS AROUND AND BUILT NEIGHBORHOODS AROUND, PLEASE DON'T OPEN OUR INTERIOR NEIGHBORHOODS TO COMMERCIAL SPACES.

THIS IS A MISTAKE WAITING TO HAPPEN.

THANK YOU CHAIR.

THAT CONCLUDES THE SPEAKERS ON THIS ITEM.

CAN YOU REACH OUT TO THE SPEAKER AND GET THOSE COMMENTS IN WRITING? YES.

IT WAS A LITTLE HARD.

I MEAN, WE HEARD MOST OF IT, BUT THERE WAS A FEW GAPS.

I THINK HAVING THAT INFORMATION IN WRITING, BECAUSE IF, IF WE'RE GONNA REFER THIS TO A BOARD, THAT WOULD BE HELPFUL TO HAVE THOSE COMMENTS PRESENT.

YES, I'LL REACH OUT TO HER AND GET BACK TO Y'ALL PROMPTLY.

PERFECT, THANK YOU.

I'D LIKE TO MOVE TO CLOSE THE PUBLIC HEARING.

DO I HEAR A SECOND? ALL THOSE IN FAVOR SAY AYE.

PUBLIC HEARING IS CLOSED.

UM, SO WHAT DO WE WANNA DO WITH THIS? WELL, WELL, SO KAREN, UM, SO I I I, I REMEMBER THE SPEAKER FROM THE FIRST TIME WE LAID OUT THIS PROPOSAL AND I'M FAMILIAR WITH, UM, UM, ZEDS AND BIRDIES, UM, ON THE EAST SIDE ON MLK AND 12TH.

UM, BOTH OF THOSE BUSINESSES ARE ON CORRIDORS.

UM, SO I I I DON'T KNOW THAT THEY'RE RELEVANT TO THIS DISCUSSION AT THE MOMENT.

UM, BUT BECAUSE OF, UM, CONVERSATIONS WITH JENNY AS WELL AS OTHER COMMISSIONERS AND OTHER INDIVIDUALS, UM, WE SPECIFICALLY MADE THE CHANGE THAT THESE SHOULD BE CONDITIONAL USES IN SINGLE FAMILY ZONING CATEGORIES SO THAT IT'S UP TO EACH NEIGHBORHOOD ON WHETHER OR NOT THEY WANT ADDITIONAL AMENITIES IN THEIR NEIGHBORHOOD.

AND SO IF YOU LIVE IN A NEIGHBORHOOD WHERE YOU CAN'T WALK TO ANY ONE OF THESE SERVICES, YOU MIGHT DECIDE THAT YEAH, YOU WOULD LIKE ONE OF THESE SERVICES TO BE AVAILABLE IN YOUR NEIGHBORHOOD, AND THAT'S A COMMUNITY DECISION.

UM, BUT WE THINK IN MULTIFAMILY AND IN, UM, THE, THE PDA COMBINING DISTRICT, YOU OFTEN HAVE HUGE CONCENTRATIONS OF PEOPLE AND YOU'RE NOT GUARANTEED THAT THERE ARE ANY SERVICES.

AND YOU CAN SEE THIS ANYWHERE.

YOU HAVE APARTMENT COMPLEXES WHERE THERE ARE LITERALLY HUNDREDS OF UNITS AND NOTHING ON THE FIRST FLOOR UNLESS THEY'RE DIRECTLY ON A CORRIDOR.

UH, AND WE CAN EASILY CHANGE THIS BY SAYING THAT YOU DON'T NEED TO HAVE MIXED USE AS YOUR DESIGNATION IN ORDER TO BE ABLE TO PROVIDE SOME SORT OF SERVICES TO PEOPLE WHO LIVE IN THESE COMMUNITIES.

UM, NOW I'M HOPING THAT SOME SINGLE FAMILY, UM, NEIGHBORHOODS WILL DECIDE THAT THIS IS THE RIGHT FIT FOR THEM AND WHEN THEY DO, OTHERS WILL GET JEALOUS.

BUT, YOU KNOW, YOU GOTTA START WITH INCREMENT INCREMENTALISM.

UH, IN ADDITION, UM, WE DECIDED TO UPDATE THE TDM REQUIREMENTS HERE, UM, BECAUSE WE WE'RE NOT REALLY PREPARED AS A BOARD TO DECIDE WHAT TRANSPORTATION DEMAND MANAGEMENT IS THE RIGHT FIT.

AND SO WE'RE ASKING STAFF TO RECOMMEND, UM, WHAT THEY THINK WOULD BE THE RIGHT FIT.

BUT GIVEN, UM, WHAT JENNY WAS SAYING, WE THOUGHT THAT, UM, YOU KNOW, IF A BUSINESS ISN'T ABLE TO CONFORM TO THAT PLAN, UM, THEN THEY MIGHT LOSE THEIR CERTIFICATE OF OCCUPANCY BECAUSE, UM, WE DON'T WANT TO CREATE NUISANCE BUSINESSES.

UM, AND THEN, UM, FINALLY, IF YOU LOOK AT THE, THE LATER ISSUE, WE WANTED TO MAKE SURE THAT THE BUSINESS, WE WANTED TO MAKE IT CLEAR THAT JUST BECAUSE THE ZONING WILL ALLOW YOUR BUSINESS DOESN'T MEAN THAT YOUR BUSINESS IS ALLOWED.

YOU STILL NEED TO JUMP THROUGH EVERY OTHER HOOP TO MAKE SURE THAT YOU KNOW, YOU EVERY OTHER CITY, COUNTY, STATE AND FEDERAL REQUIREMENT RULE AND REGULATION HAS TO BE MET BEFORE YOU'RE ALLOWED THERE.

SO JUST BECAUSE YOU COULD OPEN THAT BUSINESS BECAUSE OF ZONING DOESN'T MEAN YOU'RE ALLOWED TO BY STATE LAW, FOR EXAMPLE.

SO, UM, AGAIN, THAT THAT'S, THAT'S WHERE I AM WITH, AND I, I HOPE THAT, UH, AT LEAST THE COMMISSIONERS THAT ARE HERE FEEL LIKE THEY'VE BEEN HEARD, UM, AT LEAST ENOUGH SO THAT, UM, IT IT FEELS LIKE IT'S A SUBSTANTIVELY DIFFERENT AND MORE RESPONSIVE PROPOSAL THAN WHEN YOU FIRST SAW IT.

NO, I, I LIKE IT.

UM, WE HEARD TODAY FROM AN APPLICANT OR A SOMEONE WHO WAS OPPOSED TO A CONDITIONAL USE PERMIT AND WE SAW WHAT HAPPENED.

SO I THINK THIS DOES GIVE NEIGHBORHOODS, SAY WE DON'T WANT A CONDITIONAL USE PERMIT.

WE, WE CAN HAVE SOME SAY WITH THE COMMISSION.

UM, YES.

UM, HE DIDN'T ACTUALLY OBJECT TO THE CONDITIONAL USE.

HE OBJECTED TO PANDA EXPRESS.

MULTIFAMILY, UM, IN THEORY I LIKE THAT BECAUSE, UM, YOU SHOULDN'T NEED NECESSARILY MIXED USE TO HAVE MIXED USE , BUT IT'S NOT NECESSARILY MIXED USE.

AND WE HAVE NO SAY ON PANDA EXPRESS, BUT THAT'S SORT OF BESIDES THE POINT.

I LOVE THE IDEA THAT THE NEIGHBORHOODS COULD GET TO DECIDE, BUT THE REALITY IS THE NEIGHBORHOODS DO NOT GET TO DECIDE.

NEIGHBORHOODS CAN COME IN FRONT OF A LAND USE COMMISSION, YOU CAN HAVE A DOZEN SPEAKERS OR MORE, AND THE COMMISSION CAN SAY, NO, WE DISAGREE.

AND THIS HAPPENS ALL THE TIME AT THE PLANNING COMMISSION WHERE THERE'S LOTS OF SPEAKERS IN OPPOSITION AND THEY VOTE OTHERWISE.

SO IF I FELT LIKE THE NEIGHBORHOODS REALLY WOULD HAVE THE SAY, I MIGHT BE MORE COMFORTABLE WITH THIS.

AND AS FAR AS

[00:50:01]

I'M, I LIVE NEAR LOTS OF SMALL APARTMENT COMPLEXES.

IF THEY GO COMMERCIAL, IT'S PROBABLY THE WHOLE THING.

UM, NOT, AND THERE'S NOTHING, IT COULD BE CHANGED.

NOTHING IN THIS PROPOSAL THAT SAYS, UM, JUST THE GROUND FLOOR.

I THINK IT WOULD BE AN IMPROVEMENT IF WE SAID JUST THE GROUND FLOOR OF MULTIFAMILY.

BUT, UM, I ALSO LIVE ON A STREET WHERE, UM, FOR WHATEVER HISTORICAL REASON, THERE'S A DOUBLE LOT THAT'S ZONED MULTIFAMILY WITH A SINGLE FAMILY USE.

THEY'D BE ALLOWED WITHOUT A CONDITIONAL USE PERMIT TO DO, PUT A SEVEN 11 THERE INSTEAD OF A HOME.

UM, SO I WILL BE VOTING NO ON THIS.

YEAH, I, I DO APPRECIATE THE ADDITION OF THE CONDITIONAL USE IN THE SINGLE FAMILY ZONE.

IT'S, UH, YOU KNOW, CERTAINLY MORE PALATABLE IN THAT WAY.

UM, THERE ARE A LOT OF MULTIFAMILY ZONE PROPERTIES THAT ARE STILL, YOU KNOW, WITHIN THE INTERIOR OF NEIGHBORHOODS AND THEY CAN BE RELATIVELY SMALL.

UM, AND SO I FEEL LIKE I WOULD BE CURIOUS IF YOU'RE OPEN TO MAKING THAT A CONDITIONAL USE FOR THOSE, THOSE MULTI MULTIFAMILY UNITS AS WELL.

UM, THAT WOULD CREATE A LITTLE MORE OPPORTUNITY FOR COMMUNITY ENGAGEMENT.

ALTHOUGH LOOK KUS IN OUR AUDIENCE TONIGHT, , YOU KNOW, THIS IS, THE PROBLEM WITH THIS PROCESS IS IT IS BEYOND A REGULAR PERSON TO ENGAGE WITH THIS PROCESS.

AND, UM, SO MY CONCERN IS THAT THESE CHANGES BE MADE BY FOLKS THAT ARE NOT NECESSARILY CONNECTED OR UNDERSTAND THESE PLACES IN OUR CITY.

UM, ONE OF THE OTHER THINGS THAT ISN'T CALLED OUT IN YOUR WHEREAS IS ON IMAGINE AUSTIN, IS THAT IMAGINE AUSTIN DOES SEEK TO HONOR THE CHARACTER OF OUR UNIQUE NEIGHBORHOODS AND PLACES WITHIN THE CITY.

AND MY CONCERN AND MY EXPERIENCE OF LIVING IN AUSTIN IS THAT, UM, SOME REALLY AWFUL THINGS CAN HAPPEN NEXT DOOR .

AND, UM, EVEN WITH THESE GOOD INTENTIONS OF, YOU KNOW, LET'S SAY GUIDANCE, UH, OR COUNSELING SERVICE MOVES NEXT DOOR, IT SEEMS VERY INNOCUOUS, BUT THE LIVED EXPERIENCE OF LOSING A NEIGHBOR TO A VACANT BUILDING AT NIGHT WITH SECURITY LIGHTING AND COMMERCIAL DUMPSTERS AND WHO KNOWS WHAT WITH PEOPLE, NO ONE LIVING THERE, IT'S A VERY DIFFERENT EXPERIENCE THAN HAVING A NEIGHBOR NEXT DOOR AND CONNECTIVE TISSUE IN OUR NEIGHBORHOODS, WHICH IS MORE AND MORE, UM, AN ELUSIVE THING I FEEL LIKE.

SO I APPRECIATE, UM, YOUR EFFORTS TO KIND OF FIND A MIDDLE PATH.

UM, I STILL FEEL LIKE THIS IS DANGEROUS, UM, AND THAT THERE'S STILL A ROLE FOR ZONING AND I, YOU KNOW, I REALLY BELIEVE IN AUSTIN NEIGHBORHOODS AND THE ABILITY TO HAVE CONNECTIVE TISSUE WITH OTHER HUMAN BEINGS THAT LIVE THERE.

AND, AND SO ANYTHING THAT, ANY ADJUSTMENT THAT COULD BE MADE THAT COULD, UM, I KNOW WE TALKED COMMISSIONER STERN ABOUT LIVE WORK AND OTHER SCENARIOS THAT, THAT KEEP PEOPLE LIVING IN THESE SPACES, UM, WOULD MAKE IT FEEL A LITTLE SAFER TO ME.

BUT, UM, I WOULD ALSO VOTE NO AS CURRENTLY STRUCTURED.

YOU HAVE ANYTHING, I DO FEEL I AGREE WITH WHAT YOU, WHAT, UH, COMMISSIONER THOMPSON IS SHARING.

AND SO I WANT, BUT I ALSO FEEL LIKE THIS IS NOT FINAL AND IT'S A STEP IN THE RIGHT DIRECTION AS FAR AS THE INTENTION.

AND SO I WONDER HOW, 'CAUSE WE, IT WE'RE IN A SITUATION WHERE IT'S LIKE CHICKEN OR THE EGG, LIKE YOU CAN'T WALK ANYWHERE AND EVERYONE USES THEIR CAR AND THE REALITY IS NO ONE WALKS.

THEY DON'T WALK BECAUSE THEY DON'T HAVE PLACES THAT ARE EASILY ACCESSIBLE.

AND SO I, IT SEEMS LIKE IT'S NOT REALLY A CHICKEN AND EGG SITUATION.

PEOPLE WON'T STOP USING THEIR CARS IF WE DON'T CREATE SPACES THAT ARE, IT SEEMS LIKE THIS IS THE FIRST STEP.

AND SO I WONDER HOW DO WE MOVE THIS FORWARD IN A WAY THAT FEELS SAFER OR HOW DO WE DEVELOP THIS IN A WAY THAT FEELS SAFER FOR THE NEIGHBORHOODS, BUT THAT WE DO MOVE FORWARD AND WE DON'T JUST STAY HERE AND NOT DO ANYTHING ABOUT THE SITUATION.

THAT'S KIND OF WHERE I'M AT, IS THAT I, I DO SHARE THE CONCERNS ABOUT

[00:55:01]

THE NEIGHBORHOODS.

I MEAN, YOU WANT TO KEEP THEM NEIGHBORHOODS, BUT I SEE SO MANY LARGE NEIGHBORHOODS AND MASTER PLAN COMMUNITIES THAT HAVE NO COMMERCIAL OR ANYTHING WITHIN ANYWHERE NEAR THEM.

UM, AND THAT'S THE WAY THEY WERE PLAYING US, THE WAY THEY WERE BUILT.

AND YOU'RE NEVER GONNA HAVE THAT WALKABLE COMMUNITY.

AND WE SEEM TO BE SAYING, WE REALLY WANNA HAVE A WALKABLE COMMUNITY AND ALL, WE'RE NOT PASSING THESE RULES TONIGHT.

WE'RE JUST SAYING LET'S MOVE IT IN FRONT OF A COMMITTEE.

LET'S GET THE PROCESS STARTED, LET IT GO THROUGH THE RULES PROCESS.

AND WHAT'S GONNA CHANGE IS LIKE ANYTHING THAT'S GONNA CHANGE A LOT BETWEEN NOW WHEN IT COMES OUT AND A LOT OF THESE ISSUES WILL BE HEARD, BUT I'M SUPPORTING AT LEAST GETTING THE BALL ROLLING AND GETTING THIS THING MOVING.

EXACTLY.

I JUST, I, I APPRECIATE YOUR COMMENTS AND YOUR THOUGHTFULNESS IN GENERAL, BUT , UM, YOU KNOW, I I WOULD LIKE TO MAKE A CASE FOR THESE TYPES OF SMALL SCALE COMMERCIAL USES AS CONNECTIVE TISSUES WITHIN THE NEIGHBORHOODS.

YOU KNOW, ESPECIALLY IN A TIME WHEN WE'RE ALL OR MANY OF US ARE WORKING FROM HOME, OR WHEN, YOU KNOW, LONELINESS IS ON THE RISE AND WHATNOT, YOU KNOW, THESE PLACES CAN PROVIDE A REAL OPPORTUNITY FOR PEOPLE TO COME TOGETHER AND WITHOUT HAVING TO USE TRANSIT OR GET IN THEIR CAR OR OR WHATNOT BY, BY GOING NEARBY.

UM, I ALSO THINK JUST RELATED TO THE, THE PANDA EXPRESS CASE BEFORE US, YOU KNOW, IMAGINE IF THIS EXISTED ALREADY AND WHEN THE PLANNERS OF THAT NEIGHBORHOOD WERE THINKING ABOUT THIS LARGE LOT THAT APPARENTLY WAS PART OF THE, YOU KNOW, LARGER, UM, PLAT, THEY MIGHT HAVE INTEGRATED THE LOT INTO THE NEIGHBORHOOD RATHER THAN TOWARDS THE CORRIDORS AND THOUGHT OF IT DIFFERENTLY OR, YOU KNOW, SO, YOU KNOW, I, UNDER THE CURRENT CODE, THESE OPTIONS ARE NOT AVAILABLE AND I, I AGREE THIS, THIS IS INCREMENTAL, YOU KNOW, UM, AND I THINK IN THE NEIGHBORHOODS WHERE IT DOES EXIST CURRENTLY, SOME OF OUR HISTORIC STREETCAR SUBURBS, EAST AUSTIN, WHERE I LIVE, NEIGHBORS DO VALUE THE ABILITY TO GO TO THESE PLACES.

AND, UM, AND THESE ARE SOME OF THE OUR FAVORITE PLACES IN AUSTIN TO GO TO AS WELL.

SO ANYWAY, THAT'S, THAT'S .

NO, I TOTALLY AGREE.

IF, AND I DON'T WANNA TAKE, UM, IF, IF SOMEONE ELSE NEEDS A TURN, BUT I, I WANNA JUST KIND OF GO BACK TO OUR FIRST VISIT WHEN WE FIRST TALKED ABOUT THIS BECAUSE I, UH, ONE OF THE OTHER IDEAS THAT I KIND OF PUT FORWARD, AND I'M NOT A TRANSPORTATION GEEK LIKE SOME OF YOU, UM, SO CORRECT ME IF I GET THE WORDING WRONG, BUT THE, UM, THE STREET LEVELS I THINK COULD ALSO BE A HELPFUL TOOL SORT OF, BECAUSE IN THINKING ABOUT SOME OF THE PLACES THAT YOU MENTIONED INITIALLY, I THINK A LOT OF THOSE ARE ON LARGER CORRIDOR TYPE STREETS OR, YOU KNOW, THE LARGER ARTERIES AROUND NEIGHBORHOODS.

AND TO ME THOSE ARE BETTER, UH, POSITIONED AND SITUATED LIKE PANDA EXPRESS TO UM, UH, FACILITATE SOME OF THAT.

THE OTHER COMMENT I JUST REALLY WANNA MAKE AND ASK IF THERE'S A WAY WE CAN ADDRESS IT HERE, UM, IT'S BECOME A PET PEEVE OF MINE AS I DRIVE AROUND THE CITY NOW AND I SEE ENTIRE BLOCKS OF THESE NEW BUILDINGS, RIGHT, THAT HAVE NO COMMERCIAL ACTIVITY, ENTIRE GIGANTIC STRETCHES OF BURNETT ROAD AND LAMAR AND LIKE PLACES THAT WE SHOULD HAVE THESE SERVICES.

AND THEY ARE, THEY ARE.

THAT'S WHERE WE, THAT'S WHERE WE TOLD EVERYONE IN AUSTIN THESE THINGS WERE GONNA GO AND THEY'RE NOT GOING THERE.

AND SO IT DOES FEEL LIKE A BIT OF A, UM, LIKE WE'RE NOW GONNA ASK THE NEIGHBORHOODS TO SOLVE THIS TOO, WHEN WE'VE HAD THE CHANCE TO, WE'RE REBUILDING THIS CITY AND WE'RE DOING IT WRONG RIGHT NOW.

AND SO I WOULD LOVE TO HAVE SOME MENTION OF THAT HERE, THAT WE HAVE GOT TO KEEP PUSHING FOR THOSE SERVICES TO BE ON CORRIDORS WHERE WE'RE PUTTING THE TRANSIT AND IT DOESN'T MAKE SENSE THAT WE'RE KILLING BLOCK AFTER BLOCK AFTER BLOCK, UH, AND, AND THEN ASKING PEOPLE TO ABSORB IT NEXT DOOR.

SO I JUST, OH, THAT'S IT.

ANYBODY ELSE? I DON'T HAVE ANYTHING GOOD TO ADD THAT Y'ALL ALREADY OUTSIDE .

I MEAN, IT MAY BE POINTLESS TO MENTION, BUT THIS IS THE KIND OF THING THAT NEIGHBORHOOD PLANNING USED TO.

BUT NEIGHBORHOOD PLANNING SEEMS TO HAVE GONE BY THE WAYSIDE WHERE NEIGHBORHOODS COULD SAY THEY WANTED TO ALLOW CORNER STORE AS AN OPTION IN THE PLAN.

UM, BUT I DON'T KNOW WHEN THE LAST TIME THERE'S BEEN A NEW NEIGHBORHOOD PLAN.

YEAH, I THINK NORTH SHO CREEK, IT'S BEEN A WHILE.

DO I HEAR A MOTION? I, I GUESS, SORRY, GO AHEAD.

I, I, I WAS GONNA SAY, I, I DO AGREE THAT ESPECIALLY WITH THE MULTIFAMILY, FIGURING OUT HOW TO GET MORE COMMERCIAL SERVICES IN THE MULTIFAMILY IS A GREAT IDEA.

UM, THAT WOULD REALLY HELP OUT.

AND ALSO I, WHILE LIKE I LIVE IN A NEIGHBORHOOD THAT HAS SOME COMMERCIAL INSIDE OF IT, IT WAS BUILT IN THE NEIGHBORHOOD.

BUILT INTO THE NEIGHBORHOOD IS WHEN KIND OF LIKE, I THINK YOU CALL THE STREETCAR SUBURBS, LIKE, KIND OF LIKE HYDE PARK, I LIVE IN SILVER, IT EXISTS, BUT IT WASN'T JUST

[01:00:01]

DROP THERE HAPHAZARDLY.

SO THAT'S WHAT I, THAT WAS WHAT WOULD WORRY ME IS TO OPEN THINGS UP IN A MANNER THAT MIGHT BE HAPHAZARD, MIGHT MESS UP THE, THE CHARM, THE RESIDENTIAL CHARACTER OF THE NEIGHBORHOOD WHEN THERE ARE BETTER WAYS TO PUT THINGS OUT ON THE EDGE.

AND AT THE SAME TIME, THINKING AHEAD TO AS WE BUILD MORE NEIGHBORHOODS, HOW DO WE THOUGHTFULLY INCORPORATE COMMERCIAL INTO THEM AS THEY'RE BUILT? DO I HEAR A MOTION? OKAY, SO TO REFER IT TO, YEAH.

UM, I MOVED TO REFER THE, UM, RECOMMENDATION TO ALLOW SOME COMMERCIAL USES IN RESIDENTIAL ZONES TO CODES AND ORDINANCES, JOINT COMMISSION, THE CODE ORDINANCES JOINT COMMITTEE, AND THE COMPREHENSIVE PLAN JOINT COMMITTEE AND THE COMPREHENSIVE PLANNING JOINT COMMITTEE.

THAT'S WHAT WE DID LAST, I BELIEVE, UM, WITH THE, I DUNNO IF I CAN DO THIS WITH THE CAVEAT THAT THEY TAKE A LOOK AT THE CONCERNS THAT COMMISSIONER THOMPSON HAS RAISED WITH, UM, TRYING TO PROMOTE MORE, UM, COMMERCIAL USES ON WITHIN MULTIFAMILY BUILDINGS IN CORRIDORS, , AND MAKE SURE THEY BLEND IN WITH THE NEIGHBORHOOD.

THIS IT'S STREET LEVEL.

YOU'RE NOT STICKING A, YOU KNOW, DRIVE THROUGH IN THE MIDDLE OF THE NEIGHBORHOOD.

WELL, YEAH, THIS IS GONNA BE LOUD ANYWAY, BUT, OKAY.

IS THAT THE MOTION? DO I HEAR A SECOND.

SECOND.

ANY DISCUSSION ON THE MOTION? I, I APPRECIATE THE, THE COMMENTS THAT WERE MADE TONIGHT.

IN PARTICULAR, UM, THE COMMENT ABOUT TAKING A LOOK AT SPECIFIC STREET LEVELS, I THINK THAT'S REALLY ACTIONABLE, UM, IN COMPARISON TO SOME OF THE OTHER COMMENTS THAT WERE MADE.

UM, THAT ONE'S REALLY EASY TO PUT IN TO THE CODE.

UM, SO WE'LL DEFINITELY TAKE A LOOK AT THAT BEFORE IT GETS TO JOIN CODES AND ORDINANCES SO THAT WE'RE PREPARED FOR THAT DISCUSSION.

I THINK IT'S A GOOD MOVE DIRECTION.

UM, ALL THOSE IN FAVOR SAY AYE.

1, 2, 3, 4, 5, 6.

ALL THOSE OPPOSED SIX TWO.

AND THAT ITEM PASSES.

UM, WORKING GROUP COMMITTEE UPDATES, CODES

[WORKING GROUP/COMMITTEE UPDATES]

AND ORDINANCES.

JOINT COMMITTEE.

THANKS GREENBERG, FLORES, OR STERN? YEAH.

LAST MEETING WAS CANCELED.

WE'RE GONNA HAVE A MEETING THIS MONTH.