[CALL TO ORDER]
[00:00:03]
UM, HAVING A QUORUM PRESIDENT WITHIN COUNCIL CHAMBERS.
I NOW CALL THIS MEETING OF THE PLANNING COMMISSION TO ORDER AT 6:03 PM WE WILL FIRST TAKE ROLL CALL.
SO PLEASE, UM, ACKNOWLEDGE THE PRESENCE WHEN I CALL YOUR NAME AND WE'LL GO IN THE ORDER AS LISTED ON THE AGENDA.
COMMISSIONER ANDERSON, WE'LL COME BACK.
COMMISSIONER HANEY IS NOT QUITE HERE YET.
COMMISSIONER COX? NOT PRESENT.
WE'LL COME BACK AND COMMISSIONER PHILLIPS HERE.
COX? UH, COMMISSIONER COX? YES, I'M HERE.
UM, COMMISSIONER BARRE RAMIREZ.
AND, UM, COMMISSIONER ANDERSON.
WE'LL, WE'LL COME BACK TO YOU WHENEVER YOU'RE ABLE TO COME ON CAMERA.
COMMISSIONER HOWARD, WHAT ARE YOU DOING? NO, REALLY.
SO, OKAY, AS USUAL, TONIGHT'S MEETING AS USUAL.
TONIGHT'S MEETING WILL BE HYBRID, ALLOWING FOR A VIRTUAL QUORUM AS LONG AS THE COMMISSIONER SERVING AS CHAIR IS PRESENT IN CHAMBERS.
AS SUCH, WE HAVE COMMISSIONERS HERE IN CHAMBERS AND IN ATTENDANCE VIRTUALLY.
UM, SIMILARLY, SPEAKERS CAN PRESENT FROM THE CHAMBERS OR PARTICIPATE VIRTUALLY.
PLEASE REMEMBER TO SEND YOUR SIGN IN SHEET TO OUR STAFF LIAISON, UH, PER THE CLERK'S GUIDELINES.
AND PLEASE HAVE YOUR GREEN, RED, AND YELLOW VIVID ITEMS FOR VOTING.
UM, COMMISSIONERS, THERE'S A SIGN IN SHEET, UM, FOR THOSE THAT ARE ON THE DAIS TO MAKE SURE TO SIGN THAT.
UM, UM, AS USUAL, IF I MISS YOU, JUST COME OFF MUTE AND TRY ME AGAIN.
IF YOU ARE SIGNED UP TO SPEAK, YOU'LL RECEIVE AN EMAIL PRIOR TO THE COMMISSION TAKING UP YOUR ITEM.
SPEAKERS CAN DONATE TIME, BOTH THE SPEAKER DONATING TIME AND THE SPEAKER RECIPIENT MUST BE PRESENT IN PERSON WHEN THE ITEM IS CONSIDERED.
[PUBLIC COMMUNICATION: GENERAL]
UM, MS. GARCIA, DO WE HAVE ANYONE SIGNED UP TO SPEAK DURING PUBLIC COMMUNICATION? YES.WE HAVE ONE PERSON SIGNED UP FOR PUBLIC COMMUNICATION.
CAROL, YOU WILL HAVE THREE MINUTES.
GOOD EVENING COMMISSIONERS AND STAFF.
YOU HAVE RECEIVED SEVERAL EMAILS FROM ME REGARDING HAY COMMONS.
I AM HERE FOR YOU TO PUT A FACE WITH A NAME.
I AM A NATIVE TEXAN MOVING TO AUSTIN IN 1966.
AT THE AGE OF 10, I HAVE CAMPED ALL OVER THE TEXAS HILL COUNTRY.
I HAVE VISITED ALL THE TOWNS LIKE FREDERICKSBURG JUNCTION AND ANO.
I ATTENDED CHURCH CAMP OUTSIDE OF KERRVILLE AND GIRL SCOUT CAMP ON LAKE TRAVIS.
THE OAK TREES ROLLING HILLS, CREEKS, AND LAKES ARE A PART OF ME.
THEY ARE A PART OF A LOT OF CENTRAL TEXANS THAT GREW UP HERE.
I MOVED TO MY CURRENT NEIGHBORHOOD 11 YEARS AGO AND FELL IN LOVE WITH HAYES COUNTY.
IT IS IN THE TEXAS HILL COUNTRY AT ITS BEST.
I HAVE LEARNED A LOT ABOUT THE EDWARDS AQUIFER AND THE DIFFERENT ZONES ASSOCIATED WITH IT.
I HAVE LEARNED THAT THERE IS NOT A LAKE OR RESERVOIR IN HAYES COUNTY FOR THE RESIDENTS TO GET THEIR DRINKING WATER.
THAT IS WHY EVERYONE GETS SOME OR ALL OF THEIR DRINKING WATER FROM THE AQUIFER.
THAT INCLUDES SAN MARCO WIMBERLEY, DRIPPING SPRINGS, KYLE BUTTA, DRIFTWOOD, AND ALL OF THE RURAL AREAS.
SAN MARCUS BUTTA AND KYLE GET ADDITIONAL WATER FROM CANYON LAKE DRIPPING SPRINGS GETS ADDITIONAL WATER FROM A RAW WATER CONTRACT OF SURFACE WATER FROM LCRA, BUT THE REST OF THE COUNTY IS ON WELL WATER DIRECTLY FROM THE EDWARDS AQUIFER.
DID YOU KNOW THAT BARTON CREEK STARTS IN HAYES COUNTY? DO YOU KNOW THAT ABOUT 50% OF THE ENTIRE COUNTY HAS THE EDWARDS AND TRINITY AQUIFERS UNDER IT? THERE ARE MANY MORE SPRINGS THAN JUST THE ONES IN NEW BRAUNFELS, SAN MARCOS AND AUSTIN.
THERE USED TO BE A LOT MORE, BUT AS MORE PEOPLE MOVE TO HAYES COUNTY, THESE SPRINGS HAVE DRIED UP.
THEY WILL CONTINUE TO DRY UP AS WE DEVELOP MORE WATER IS OUR LIFELINE.
WITHOUT IT, WE CANNOT SURVIVE.
HAYES COUNTY CANNOT HANDLE HIGH DENSITY DEVELOPMENT OVER THE RECHARGE ZONE.
I AM NOT JUST TALKING ABOUT MY LITTLE NEIGHBORHOOD RIGHT NEXT TO HAYES COMMONS.
I'M TALKING ABOUT THE ENTIRE COUNTY.
THE LESS WATER THAT GOES INTO THE AQUIFER DUE TO HIGH DENSITY AND
[00:05:01]
HIGH IMPERVIOUS COVER, THE LESS DRINKING WATER THERE IS FOR THE RESIDENTS OF HAYES COUNTY.WE HAVE BEEN ON STAGE THREE WATER RESTRICTIONS SINCE NOVEMBER 1ST.
WE ARE, WE'RE ALSO ON STAGE THREE LAST WINTER UNTIL WE GOT A LITTLE SPRING, A LITTLE RAIN THAT PREVENTED US FROM GOING INTO STAGE FOUR, GRANTING A HIGHER IMPERVIOUS COVER LIMIT AND EXTENDING CITY SERVICES INTO HAYES COUNTY.
YOU ARE TAKING OUR LIFELINE HIGHWAY TWO 90 AND DRIPPING SPRINGS WAS NOT DEVELOPED LIKE IT IS NOW UNTIL THE A-C-L-C-R-A WATERLINE WAS PUT IN.
I ENVISION THE SAME THING HAPPENING ALONG 1626.
IF AUSTIN EXTENDS WATER TO HAYES COMMONS, THE CITIES AND RURAL RESIDENTS OF HAYES COUNTY CANNOT SURVIVE.
IF THAT HAPPENS, BECAUSE LESS AND LESS WATER WILL GET INTO THE AQUIFER AND OUR DRINKING WATER LIFELINE WILL EVENTUALLY GO AWAY.
I HOPE YOU'VE READ THOSE EMAILS AND CONTINUE TO STUDY THEM.
THANK YOU FOR YOUR COMMENTS, CHAIR.
THAT CONCLUDES THE SPEAKERS FOR PUBLIC COMMUNICATION.
[APPROVAL OF MINUTES]
UM, THE FIRST ITEM ON OUR CONSENT AGENDA IS THE APPROVAL OF THE MINUTES FROM NOVEMBER 12TH AND NOVEMBER 19TH MEETINGS.DOES ANYONE HAVE ANY EDITS TO THOSE MINUTES? SEE, HEARING NONE THOSE MINUTES AS POSTED WILL BE ADDED TO THE CONSENT AGENDA.
[Consent Agenda]
MOVING ON, 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 WILL ALSO HAVE THE OPPORTUNITY TO REQUEST CONSENT ITEMS TO BE PULLED FOR DISCUSSION.
UM, THESE ARE PUBLIC HEARING ITEMS. ITEM NUMBER TWO IS A PLAN AMENDMENT NPA DASH 2 24 0 0 15 0 1 GUTTER STREET REZONING DISTRICT ONE.
THIS ITEM IS UP FOR DISCUSSION TONIGHT.
ITEM NUMBER THREE, THE ASSOCIATED REZONING C 14 DASH 20 24 0 0 9 CUTTER STREET REZONING DISTRICT ONE.
THIS ITEM IS ALSO UP FOR DISCUSSION.
ITEM NUMBER FOUR IS A PLAN AMENDMENT NPA A DASH 2024 DASH 0 5 0 3 CHERRY LAWN REZONING DISTRICT ONE.
THIS ITEM IS UP FOR DISCUSSION POSTPONEMENT TONIGHT.
ITEM NUMBER FIVE IS THE ASSOCIATED REZONING C 14 DASH 2024 DASH 0 2 2 CHERRY LAWN REZONING DISTRICT ONE.
THIS ITEM IS ALSO FOR DISCUSSION POSTPONEMENT.
TONIGHT I, NUMBER SIX IS PLAN AMENDMENT NPA DASH HUNDRED FOUR DASH 0 0 5 0 1 SAXON TWO, DISTRICT THREE.
THIS ITEM IS UP FOR APPLICANT POSTPONEMENT TO JANUARY 14TH.
I NUMBER FOUR SEVEN IS A REZONING.
THE ASSOCIATED REZONING C 14 DASH 204 DASH 0 9 9 SAXON TWO DISTRICT THREE.
THIS ITEM IS ALSO FOR APPLICANT POSTPONEMENT TO JANUARY 14TH I NUMBER EIGHT IS A PLAN AMENDMENT MPA DASH HUNDRED FOUR DASH 0 2 0 1, 11 0 6, AND 1110 EAST 30TH STREET, DISTRICT NINE.
THIS ITEM IS UP FOR A STAFF POSTPONEMENT TO JANUARY 28TH.
THE ASSOCIATED REZONING ITEM NUMBER NINE C 14 DASH 204 DASH 0 4 8 11 0 6 AND 1110 EAST 30TH STREET, DISTRICT NINE.
THE ITEM IS ALSO UP FOR STAFF POSTPONEMENT TO JANUARY 28TH.
I NUMBER 10 IS A REZONING C 14 DASH 24 DASH 0 58 2100 POLARIS DISTRICT SEVEN.
THIS ITEM IS UP FOR APPLICANT POSTPONEMENT TO JANUARY 28TH.
I NUMBER 11 IS A REZONING C 14 DASH 2024 DASH 0 1 45 518 NORTH PLEASANT VALLEY DISTRICT C.
ITEM NUMBER 12 IS A REZONING C 14 DASH 2 24 DASH 0 1 49 5 1 DISTRICT ONE.
ITEM NUMBER 13 IS AN LDC AMENDMENT C 20 DASH 2024 DASH 0 2 0 2 1 SAFETY BALLARD.
THAT IS, THIS ITEM IS UP FOR DISCUSSION I NUMBER 14 IS AN LDC AMENDMENTS C 20 DASH 2022 DASH 0 2 5 COLORADO RIVER PROTECTION.
THIS ITEM IS UP FOR A STAFF POSTPONEMENT TO JANUARY 28TH.
I NUMBER 15TH IS A SITE PLAN, UH, SP SITE PLAN EXTENSION SP DASH 2014 DASH 0 2 6 2 C XT THREE, ANA BLOCK P LOT THREE REVISION ONE SITE PLAN EXTENSION NUMBER TWO OF PHASE FIVE ONLY, DISTRICT EIGHT.
THIS ITEM IS UP FOR CONSENT ALSO, UM, ON ITEMS FROM COMMISSION, THE DISCUSSION AND ACTION ITEMS, WE HAVE ITEM NUMBER 16.
THIS IS A DISCUSSION IN ACTION TO INITIATE A REZONING FOR THE PROPERTY LOCATED AT 1201 EAST 11TH STREET, AUSTIN, TEXAS 7 8 7 0 2 FOR COCKTAIL LAUNCH TO BE INCLUDED AS A CONDITIONAL USE SPONSORED BY MYSELF.
COMMISSIONER ANDERSON, THIS ITEM IS ALSO UP FOR CONSENT.
THAT IS ALL OF OUR CONSENT AND PUBLIC HEARING ITEMS. THANK YOU.
VICE CHAIR, DO ANY COMMISSIONERS NEED TO RECUSE ORAIN FROM ANY ITEMS ON THE AGENDA? UM, CHAIR, I'D LIKE TO ABSTAIN ON ITEM NUMBER 12 5 1 IN DISTRICT ONE.
[00:10:01]
ANY OTHER QUESTIONS? UM, ON THE CONSENT, UH, AGENDA OR ITEMS TO BE PULLED? UM, DO WE HAVE ANY SPEAKERS ON THE CONSENT ITEMS? NO CHAIR.WE HAVE NO SPEAKERS FOR THE CONSENT AGENDA.
AND VICE CHAIR, DID YOU WANT TO, UM, EXPLAIN NUMBER 16? JUST GIVE A LITTLE EXPLANATION ON THAT.
I THINK, UH, WE HAD ALL HAD MR. PAUL STABLES, UM, COMMENT SPEAK BEFORE THE COMMISSION IN, IN THIS LITTLE, UH, PROPERTY THAT HE HAS ON THE EAST 11TH STREET AND HAD SENT MULTIPLE COMMUNICATION TO ALL OF US AS WELL.
SO, UM, IF FOLKS REMEMBER WHEN WE DID THE NCCD REVISIONS FOR 11TH STREET COCKTAIL, LOUNGES WERE MOVED TO BE PROHIBITED RATHER THAN THE CONDITIONAL USES.
HISTORICALLY, THEY HAD BEEN CONDITIONAL USE WITHIN THIS PROPERTY SPECIFICALLY.
UM, THERE'S A QUESTION OF WHETHER IT SHOULD BE CONDITIONAL USE AND, UM, HE, THERE WAS A RECOMMENDATION THAT CAME ACTUALLY FROM OUR URBAN RENEWAL BOARD AS WELL, OF SAYING THAT THE INTENTION AT THE TIME HAD NOT BEEN TO LIMIT, UH, COCKTAIL LOUNGE ON HIS U ON IT ON THIS SITE.
AND SO CONDITIONAL USE WAS ACCEPTABLE.
SO AT THIS POINT WE ARE INITIATING THAT CONDITIONAL USE REQUIREMENT FOR THIS ONE LOT WITH THE UNDERSTANDING THAT STAFF WILL, UM, YOU KNOW, FORM THEIR OWN OPINION AND FIGURE OUT WHAT MAKES SENSE OR DOES NOT MAKE SENSE, BREAK FORTH A RECOMMENDATION.
AND AFTER THAT WE'LL MOVE TO THE PROCESS OF MAKING THE AMENDMENT TO THE, UM, TO THE CODE TO ALLOW FOR THIS WITH THE ADDITIONAL UNDERSTANDING THAT SINCE THIS WOULD BE A CONDITIONAL USE IN ORDER TO ACTUALLY HAVE THE COCKTAIL USE ON THE SITE, UM, THE APPLICANT WOULD, THERE IS NO APPLICANT BUT MR. PAUL STABLES OR HIS PRESENTER WOULD HAVE TO FILE ESSENTIALLY A CONDITIONAL USE PERMIT FOR THAT SITE AS WELL.
CHAIR, I'M SORRY, I JUST WANNA CLARIFY, WE ACTUALLY DID HAVE ONE SPEAKER FOR THE CONSENT AGENDA.
IT'S FOR ITEM NUMBER NINE, JIM WALKER.
HE'S OUR, UH, PRIMARY AND OPPOSITION.
UH, AND I'M SORRY I'M INTERRUPTING YOUR FLOW ON THE CASE, BUT MY BET.
UH, SO I KNOW THIS IS, UH, STAFF POSTPONEMENT OF, UH, THIS IS A BILLBOARD RELOCATION CASE.
UM, STAFF HAS BEEN GREAT IN COMMUNICATING WITH US.
WE ARE OPPOSED TO THIS AS A BILLBOARD RELOCATION.
WE UNDERSTAND IT MIGHT BE SEPARATE SIGN CODE FROM PLANNING, BUT, UH, THE STATED INTENT OF THE APPLICANT IS TO RELOCATE A BILLBOARD.
WE'RE JUST NOT DOWN WITH THAT.
WE'RE DOWN FOR OTHER REZONING TO OTHER TYPES OF CHANGES TO THIS SINGLE FAMILY LOT.
UH, IN CONVERSATION WITH THE APPLICANT.
UH, THIS CASE, THIS ISSUE OF BILLBOARD RELOCATION WAS TAKEN UP BY DESIGN COMMISSION LAST NIGHT.
SO ONCE THEY'RE IN JANUARY, WE'LL BRING SOME OF THOSE MINUTES AND SOME OF THAT INFORMATION FORWARD.
BUT JUST WANTED TO BE VERY OPEN AND TRANSPARENT ABOUT WHERE WE STAND WITH THIS PARTICULAR CASE.
UH, MR. WALKER, CAN YOU STATE YOUR NAME FOR THE RECORD? I CAN.
JIM WALKER, CHERRYWOOD NEIGHBORHOOD ASSOCIATION.
AND THAT IS OUR, UH, FINAL SPEAKER FOR THE CONSENT TO AGENDA.
UM, SO GOING BACK TO OUR CONSENT AGENDA, FOLLOWING UP, IS THERE ANY QUESTIONS? OTHERWISE I'M LOOKING FOR A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA.
SO IN ITEM FOUR AND FIVE, UM, WE WILL BE DISCUSSING THE MARIS OF POSTPONEMENT, RIGHT? TONIGHT? THAT IS CORRECT.
WE ARE GOING TO, AND THIS WILL BE THE FIRST ITEM THAT WE TAKE UP AFTER CONSENT AGENDA, IS TO DISCUSS THE POSTPONEMENT FOR CHERRY LAWN.
AND AS A REMINDER TO ANYBODY SPEAKING TO THAT DURING THIS DISCUSSION, THE INITIAL DISCUSSION, WE'RE DISCUSSING THE POSTPONEMENT ONLY SO WE'RE NOT DELVING INTO THE MERITS OF THE CASE.
NOW, IF IT'S, IT'S, UH, DECIDED BY THE COMMISSION THAT WE'LL HEAR THE CASE TONIGHT, THAT'S WHEN WE WILL HEAR THE MERITS OF THE CASE.
COMMISSIONER BARR RAMIREZ? UM, I AM NOT, I HAVE NOT SEEN THE LA THE STAFF REPORT ON THE CHERRY WOOD CASE.
I LOOKED, I JUST SAW THE, YOU KNOW, THE CORRESPONDENCE ABOUT POSTPONEMENT, BUT I DIDN'T SEE IT IN A PAST AGENDA.
I LOOKED BACK A COUPLE MONTHS.
I DUNNO IF OTHER FOLKS HAVE HAD A CHANCE TO REVIEW THE STAFF REPORT IF WE CHOOSE NOT TO POSTPONE.
YEAH, VICE CHAIR MS. RAMIREZ, THAT'S, OH, COMMISSIONER MAYOR RAMIREZ.
THAT'S WHAT I WAS GOING TO MENTION.
SO YES, STAFF AT THIS POINT DOES NOT HAVE A RECOMMENDATION ON THIS AND DOES NOT HAVE BACKUP BECAUSE THE APPLICANT WAS CHANGING THEIR ASK.
SO ESSENTIALLY AT THIS POINT, STAFF WAS WAITING FOR THAT AND STAFF CAN SPEAK BETTER TO THIS, BUT WE ARE REQUIRED HONESTLY, TO POSTPONE THE ITEM.
WE CANNOT TAKE ACTION ON IT BECAUSE WE DO NOT HAVE THE ASSOCIATED BACKUP AND RECOMMENDATION FROM STAFF.
HOWEVER, HAVING SAID THAT, WE HAD COMMUNITY MEMBERS WHO REALLY WANTED US TO AFFORD THEM DISABILITY TO DISCUSS THIS TODAY.
SO WE WANT TO HONOR THAT AND MAKE SURE THEY HAVE THE ABILITY TO SPEAK AFTER WHICH WE WILL OF COURSE POSTPONE IT.
I DON'T KNOW, STAFF WANTS TO ADD SOMETHING TO THAT
[00:15:05]
JOY HARDIN PLANNING DEPARTMENT.OTHER QUESTIONS ON THE AGENDA? OKAY.
MOTION MADE BY VICE CHAIR, UM, SECOND AND BY COMMISSIONER WOODS, UNLESS THERE'S OPPOSITION TO THAT, THAT MOTION PASSES.
AND, UH, NOTING THE ABSTENTION FROM COMMISSIONER MAXWELL ON ITEM NUMBER NINE 12
[Items 4 & 5]
GOING TO MOVE ON TO OUR FIRST DISCUSSION.THIS IS ITEM NUMBER FOUR AND FIVE.
UM, UH, WE WILL, SO CURRENTLY THE APPLICANT POSTPONEMENT IS TO, UH, THE REQUEST IS TO JANUARY 14TH, 2025.
WE UNDERSTAND THAT THE NEIGHBORHOOD WOULD LIKE TO HAVE MOVE THIS FORWARD.
UM, AND AS DISCUSSED A FEW MINUTES AGO, BECAUSE THE APPLICANT REQUEST HAS CHANGED, THERE IS NOT YET A STAFF REPORT, UM, FOR US TO DELVE INTO THIS CASE, UM, WITH STAFF'S KNOWLEDGE.
UM, THAT BEING SAID, WE ARE GOING TO, UM, HEAR FIRST FROM THOSE IN FAVOR OF THE POSTPONEMENT.
UM, WOULD THAT BE, IS ANY OR DISCUSSION? SO WE STAFF NO, NO.
THIS IS THE DISCUSSION POSTPONEMENT.
SO WE FIRST HEAR FROM THOSE, THE FIRST IN FAVOR OF THE POSTPONEMENT.
YES, BUT I'M NOT SURE IF THAT'S STAFF OR THE APPLICANT THAT WOULD IN THIS, UH, CASE.
COMMISSIONERS ELLE MEAD WITH HATCH BLACKWELL.
UM, I THINK IT'S, I'M WITH JOY.
UM, WE ARE IN THE PROCESS OF TRYING TO TAKE IN A LOT OF COMMUNITY INPUT WE'VE PERCEIVED ON THIS CASE, UM, AND MAKE SOME AMENDMENTS TO THE APPLICATION TO ADDRESS SOME OF THE CONCERNS.
AND SO WE DID ABOUT MAYBE A WEEK OR SO AGO, ASK FOR POSTPONEMENT TO THE JANUARY 14TH MEETING.
IS, ARE THERE ANY OTHER SPEAKERS IN FAVOR OF THE POSTPONEMENT? OKAY, SO NOW WE WILL DO, UM, THE PRIMARY SPEAKERS, UM, AGAINST THE POSTPONEMENT ARE OUR PRIMARY SPEAKER IN OPPOSITION IS JOHN LAY.
JOHN, YOU'LL HAVE THREE MINUTES.
THANK YOU FOR HEARING US TODAY.
I LIVE ON THE STREET IN WHICH THIS IS BEING, UM, PROPOSED AND I WOULD LIKE THE MEETING MINUTES TO REFLECT THE FOLLOWING FOUR POINTS IF YOU GO TO THE NEXT SLIDE OR IS THAT MY CLICKER HERE? UH, SO SORRY, COULD YOU STATE YOUR NAME FOR THE RECORD? JOHN LAY.
I LIVE ACROSS THE STREET FROM THE PROPOSED, UH, REZONING AT THIS POINT.
SO WE UNDERSTAND THAT THE CA CASE CANNOT BE HEARD TONIGHT, BUT WE WOULD LIKE THE MEETING MINUTES TO REFLECT THE FOLLOWING FOUR POINTS.
UH, FIRST IS THAT RESIDENTS HAVE RECEIVED ZERO CHANGES, AMENDMENTS, PROPOSALS, UM, OR ANYTHING FROM THE DEVELOPER IN WRITING SINCE THE CASE WAS FILED MONTHS AGO.
UM, THE ORIGINAL CASE WAS FILED APPROXIMATELY FOUR MONTHS AGO.
WE HAVE RECEIVED NOTHING IN WRITING IN TERMS OF COMMUNICATION FROM THE DEVELOPER THAT IS, UH, ANY SORT OF PROPOSAL BEYOND WHAT WAS ORIGINALLY PUT FORWARD.
THERE IS UNANIMOUS OPPOSITION TO THIS CASE FROM THE RESIDENCE ON THE STREET.
YOU'LL SEE THAT THE, UH, NUMBER OF RESIDENTS WE HAVE HERE, IF YOU ALL WILL STAND AND, UH, REPRESENT THOSE THAT ARE AGAINST THIS POSTPONEMENT AND REZONING, UH, INCLUDING THE PECAN SPRINGS, SPRINGDALE HILLS NEIGHBORHOOD ASSOCIATION, THE WINDSOR PARK NEIGHBORHOOD ASSOCIATION, THE UNIVERSITY HILLS NEIGHBORHOOD ASSOCIATION.
THIS IS THE SECOND POSTPONEMENT WE'VE HAVE THAT'S BEEN REQUESTED.
IT'S A BURDEN ON THE RESIDENTS TO CONTINUE TO HAVE TO TAKE TIME OFF WORK, TRAVEL DOWN HERE FOR, YOU KNOW, PEOPLE AT THE, UH, AT THE APPLICANT AND DEVELOPER'S WHIMS, UH, DESPITE HAVING RECEIVED NO COMMUNICATION OR PROPOSAL FROM THE, UH, DEVELOPER IN WRITING AS TO ANOTHER OPPORTUNITY.
AND SO OUR REQUEST, UH, WE WANT THE MEETING RECORDS, UH, TO REFLECT THAT WE'D LIKE TO BE HEARD TODAY.
OUR NEXT SPEAKER IS KATHLEEN TOLL.
KATHLEEN WILL BE JOINING US VIRTUALLY.
KATHLEEN, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
[00:20:19]
KATHLEEN, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.UH, YEAH, I JUST WANT TO ECHO EVERYTHING THAT JOHN SAID.
UM, WE WE'RE ALL, I'M ALSO A NEIGHBOR ON CHERRY LAWN CIRCLE.
WE'RE ALL HERE AS WE WERE, UH, A MONTH AGO TO MAKE OUR CASE AGAINST THIS REZONING.
UM, IT, IT IS AN UNFAIR BURDEN TO ASK THE RESIDENTS OF THE CUL-DE-SAC TO HAVE TO CONTINUE TO SHOW UP, UM, AND, AND BE PREPARED TO DEFEND OUR CASE CONSIDERING THE APPLICANT HAS LAWYERS WHO CAN REPRESENT HIM AND, YOU KNOW, SHOULD WE NOT SHOW UP, UM, THEY COULD JUST WITHDRAW THE POSTPONEMENT AND ARGUE THE CASE WITH NO OPPOSITION.
SO I, I JUST WANNA STATE, STATE, MY, UM, MY IN SOLIDARITY WITH ALL MY NEIGHBORS.
WE ARE NOT NEGOTIATING WITH THE APPLICANT.
WE ARE IN SOLIDARITY, IN OPPOSITION AGAINST THIS REZONING.
OUR NEXT SPEAKER IS JESS HILL.
JESS, YOU'LL HAVE TWO MINUTES.
UM, I'VE LIVED ON, I LIVE ON CEDAR LAWN CIRCLE, WHICH IS JUST AROUND THE CORNER FROM THE PROPERTIES, UH, IN QUESTION.
I'VE LIVED THERE FOR GOING ON NINE YEARS NOW.
COME TO LOVE THAT NEIGHBORHOOD, LOVE MY NEIGHBORS, AND BECAUSE OF THAT, 'CAUSE I LOVE THIS PLACE THAT I LIVE IN, I'M COMPELLED TO URGE YOU TO NOT DELAY ANYMORE.
WE DON'T NEED TO PUSH THIS OFF FURTHER.
AND AS YOU HAVE ALREADY HEARD, HE'S NOT ACTUALLY TALKING TO US, HE'S NOT WORKING WITH US.
WE'RE NEGOTIATING ANYTHING WITH US.
PLEASE, LET'S HEAR THE MERITS ON THIS SO THAT WE CAN GET THIS DONE.
OUR NEXT SPEAKER IS MARK, TERRY.
MARK, YOU'LL HAVE TWO MINUTES.
THANK YOU AGAIN FOR THE OPPORTUNITY TO SPEAK BEFORE YOU ABOUT THIS MATTER.
UM, ONCE AGAIN, WE STAND UNITED IN OPPOSITION OF THIS REZONING.
UH, THIS CASE IS ABOUT MUCH MORE THAN ZONING.
UH, IT'S ABOUT FAIRNESS, TRANS TRANSPARENCY, AND PROTECTING THE RIGHTS OF HOMEOWNERS, UH, WHO IS INCREASINGLY OVERWHELMED, UM, IN THIS BATTLE AGAINST WHAT FEELS LIKE A GOLIATH ISSUE.
A PROTECTING HOMEOWNER RIGHTS IS ONE OF THE THINGS THAT I WANTED TO, TO BRING ABOUT TODAY, TALK ABOUT TODAY, IS AS HOMEOWNERS, WE ARE THE BACKBONE OF THIS COMMUNITY.
WE'VE INVESTED NOT ONLY OUR MONEY, BUT OUR TIME, ENERGY, AND DREAMS INTO BUILDING LIVES HERE.
YET THROUGHOUT THIS PROCESS, WE HAVE FELT SIDELINED, OUTMATCHED, AND FRANKLY DISREGARDED.
UH, THE ZONING PROCESS SHOULD PROTECT BOTH PARTIES EQUALLY.
BUT IN THIS CASE, WE DON'T FEEL LIKE IT HAS.
UH, WE WERE THE LAST TO BE NOTIFIED OF THIS CASE.
AND WHEN WE WERE FINALLY INFORMED, WE RECEIVED MINIMAL GUIDANCE ON HOW TO EFFECTIVELY, UH, VOICE OUR CONCERNS.
MEANWHILE, THE APPLICANT WITH THEIR RESOURCES, THE LEGAL REPRESENTATION HAS MANIPULATED WHAT, WHAT APPEARS TO BE MANIPULATED, THE PROCESS TO THEIR ADVANTAGE, EXPLOITING POSTPONEMENTS AND MAKING MISLEADING CLAIMS. THIS IMBALANCE IS JUST FRUSTRATING.
IT'S REALLY BECOME A FRUSTRATING ISSUE FOR US.
BAD FAITH ACTIONS BY THE APPLICANT.
WE ARE NOT NEGOTIATING, AS MY NEIGHBOR SAID BEFORE, FROM THE VERY BEGINNING, THE APPLICANT HAS ACTED IN BAD FAITH IN TERMS OF WHAT WE FEEL.
THERE'S ALSO THE ISSUE OF MISLEADING CLAIMS. MR. SMITH HAS REPEATEDLY ASSERTED THAT HE'S WORKING WITH NEIGHBORS TO ADDRESS CONCERNS THAT IS SIMPLY NOT TRUE.
EVEN MORE TROUBLING ARE THE ACTIONS RELATED TO THE PERMITTING PROCESS.
THESE DELAYS, UH, AND WHAT SEEMS TO BE MANIPULATIVE TACTICS ARE, ARE, ARE NOT ISOLATED.
THEY'RE PART OF THE LARGEST STRATEGY TO WEAR DOWN THE NEIGHBORHOOD AS WE FEEL AND TO PUSH THROUGH CHANGES REGARDLESS OF OUR CONCERNS, THE STRESS ON THE NEIGHBORHOOD, WE'VE GOT A LOT OF STRESS ON THE NEIGHBORHOOD.
THE BIGGER PICTURE, UH, PRECEDENT IS EQUITY.
AND, UH, I'LL JUST SUM UP WITH A CALL TO ACTION TONIGHT.
I URGE YOU TO DENY THE REZONING REQUEST, REEVALUATE
[00:25:01]
THE ZONING PROCESS, AND UPHOLDING THE PRINCIPLES OF EQUITY BY SENDING THE MESSAGE THAT NEIGHBORHOODS LIKE CHERRY LAWN MATTER.OUR NEXT SPEAKER, OUR NEXT SPEAKER IS ELISE WA ELISE, YOU'LL HAVE TWO MINUTES, EITHER ONE.
UM, SINCE WE'RE HERE TONIGHT TO TALK AGAINST THE POSTPONEMENT OTHER THAN THE REZONING, UM, I'LL JUST REITERATE THAT IT IS COMPLETELY UNFAIR THAT THE DEVELOPER CAN JUST STRING OUR NEIGHBORHOOD ALONG WITH PLANS THAT HE'S SUPPOSEDLY CHANGING.
UM, WHEN DO OUR INTERESTS COME INTO PLAY? I WOULD URGE YOU NOT TO POSTPONE THIS.
IT SOUNDS LIKE YOU ARE POSTPONING IT TODAY.
UH, WE NEED YOU GUYS TO HONOR US AS MUCH AS THE DEVELOPER.
WE ALL LIVE IN THE NEIGHBORHOOD.
UM, WE HAVE MANY VALID REASONS FOR NOT WANTING BUSINESS IN A CUL-DE-SAC.
UM,
UH, ALL OF US ARE OPPOSED TO IT.
WE'RE GONNA CONTINUE BEING OPPOSED TO IT.
WE'RE GONNA CONTINUE SHOWING UP, AND IT'S EXTREMELY UNFAIR TO FORCE US TO DO THAT WHILE, UM, THE DEVELOPER IS NOT HERE.
HIS LAWYERS THAT HE CAN AFFORD ARE HERE.
UM, WE DON'T WANT THE INCREASED TRAFFIC.
I DON'T WANNA HEAR THE PING PONG FROM THE OFFICES.
UM, WE DON'T WANT THE EXTRA TRAFFIC.
THERE ARE SO MANY REASONS THAT THIS IS A VERY BAD IDEA.
OUR NEXT SPEAKER IS CARSON CHAPMAN.
CARSON, YOU'LL HAVE TWO MINUTES.
UM, I HAVE, UM, NOT MUCH MORE TO ADD OUTSIDE THAT I STAND WITH THE REST OF MY NEIGHBORS HERE IN FAVOR OF NOT POSTPONING, UM, ANY SORT OF DISCUSSION ABOUT THIS ITEM TONIGHT.
WOULD LOVE TO TALK ABOUT IT TONIGHT.
OUR NEXT SPEAKER IS KAREN MYERS.
KAREN, YOU'LL HAVE TWO MINUTES.
I, I AS, UH, MY TIME JESS FOR DISCUSSION POSTPONEMENTS.
WE DO NOT ALLOW A DONATION OF TIME.
IF YOU WOULD LIKE TO FORFEIT YOUR TIME, YOU'RE WELCOME TO, BUT YOU MAY ALSO COME UP TO THE FRONT TO SPEAK I'LL.
OUR NEXT SPEAKER IS TISHA WEISMAN.
TISHA, YOU'LL HAVE TWO MINUTES.
OUR NEXT SPEAKER IS MICHAEL TURNER.
MICHAEL, YOU'LL HAVE TWO MINUTES.
PLEASE STATE YOUR NAME FOR THE RECORD AND THAT WE'RE SPEAKING TO THE POSTPONEMENT ONLY.
MY FAMILY LIVES ON CHERRY LAWN DRIVE OR CIRCLE, SORRY.
UH, I AM GOING TO DEFER TO THE WISDOM OF THE NEIGHBORS WHO HAVE SPOKEN BEFORE ME IN, UH, STATING MY OPPOSITION TO THIS POSTPONEMENT.
OUR NEXT SPEAKER IS RUTH, A AHERN RUTH WILL BE JOINING US VIRTUALLY.
RUTH, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
MY HUSBAND AND I, ALONG WITH OUR SON, OWN AND OCCUPY A SINGLE FAMILY HOME ON CEDAR LAWN CIRCLE, WHICH IS AROUND THE CORNER FROM THE PROPOSED PLAN AMENDMENT AND REZONING.
WE'RE DISCUSSING, WE'VE RESIDED IN OUR HOME FOR THE LAST 11 YEARS.
UM, MY FAMILY AND I ARE IN OPPOSITION TO THE CHERRY LAWN REZONING PROPOSAL, AND I REALIZE WE'RE ONLY DISCUSSING THE POSTPONEMENT AT, AT THIS TIME.
SO I'M GONNA ECHO MY AWESOME NEIGHBORS THAT YOU'VE ALREADY HEARD FROM.
WE'VE RECEIVED NOTHING IN WRITING FROM THE APPLICANT TO DISCUSS ANY CHANGES TO THIS APPLICATION.
WE, AS A COMMUNITY ARE STRONGLY OPPOSED TO REZONING AND HAVE NO INTENTION TO NEGOTIATE WITH THE APPLICANT.
WE ARE SHOWING UP MONTHLY TO BE HEARD AND THE APPLICANT CONTINUES TO PUSH BACK.
WE ASK YOU TO MOVE FORWARD WITH THE, WITH HEARING THE MERITS OF THIS CASE TONIGHT, OR AS ELISE SAID, AS SOON AS POSSIBLE, UM, AS THIS IS PUTTING MORE OF A BURDEN ON US AS A COMMUNITY.
OUR NEXT SPEAKER IS NADIA BARBO.
[00:30:01]
NADIA.NADIA, YOU'LL HAVE TWO MINUTES.
HELLO, MY NAME IS NADIA BARBO.
I AM A MEMBER OF THE EAST MLK CONTACT TEAM AND AN OFFICER ON THE PECAN SPRING SPRINGDALE HILLS NEIGHBORHOOD ASSOCIATION.
UM, I JUST WANTED TO SPEAK IN OPPOSITION TO THE POSTPONEMENT TONIGHT, UM, WITH THE OTHER NEIGHBORS.
UM, AND JUST ECHO WHAT WE'VE BEEN SAYING, THEY'VE BEEN ORGANIZING FOR MANY MONTHS.
UM, IT WAS DISAPPOINTING TO NOT RECEIVE A STAFF REPORT ON THE EXISTING, UM, ON THE EXISTING APPLICATION.
UM, THE NEIGHBORS JUST AREN'T GETTING CLEAR INFORMATION FROM EVERYONE WHO IS INVOLVED OFFICIALLY HERE.
UM, AND THAT JUST MAKES IT REALLY, REALLY HARD.
UM, AS LIKE, YOU KNOW, ORGANIZING THESE MULTIPLE GROUPS, IT'S VERY HARD TO GET THE NEIGHBORS TO PARTICIPATE IN OUR CITY PROCESSES.
AND THESE PROCESSES ARE MAKING IT VERY, VERY HARD TO KEEP THEM ENGAGED AND EVERYONE WANTS TO BAIL OUT.
AND IT'S AMAZING THAT WE HAVE THIS.
AND I THANK YOU AND COMMEND YOU ALL FOR BEING HERE.
UM, IT IS A LOT OF STRESS ON THE NEIGHBORHOOD.
WE HAVE A LOT OF STRESS AND CHANGE HAPPENING IN OUR NEIGHBORHOOD ALL THE TIME.
I DO NOT WANNA GO INTO ALL THAT RIGHT NOW, BUT PLEASE DON'T, YOU KNOW, GO AHEAD AND IMAGINE IT IS, THERE ARE MANY, MANY THINGS THAT ARE GOING ON AND VERY CHALLENGING.
UM, AND SO I THINK WE SHOULD TAKE THE NEIGHBORS SERIOUSLY FOR SHOWING UP TONIGHT AND WE SHOULD, UM, LET THEM VOICE THEIR CONCERNS.
OUR NEXT SPEAKER IS ALEXANDRIA ANDERSON.
ALEXANDRIA WILL BE JOINING US VIRTUALLY ALEXANDRIA.
PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
YOU WILL HAVE TWO MINUTES SHE'S NOT CURRENTLY ON, BUT WE'LL COME BACK AROUND AT THE END.
OUR NEXT SPEAKER IS SHAVAN DEVONISH.
GOOD MORNING, GOOD AFTERNOON, GOOD EVENING.
OH, CAN YOU SPEAK INTO THE MICROPHONE? EITHER ONE.
I ACTUALLY DONATED MY TIME TO MY MOM, BUT I'M HERE AND SHE DIDN'T WANNA SPEAK.
I AM IN DIRECT OPPOSITION TO POSTPONING.
I KNOW YOU SAID YOU HAD TO, BUT THIS IS A LONG PROCESS OF SOMEONE COMING INTO THE NEIGHBORHOOD TRYING TO CHANGE WHAT'S ALREADY A GREAT NEIGHBORHOOD.
I DON'T WANT THEM OUT THERE WITH STRANGERS COMING ON THE STREET, BLOCKING THE STREET, YOU KNOW, COMING IN, COMING OUT, DOING WHATEVER.
PLEASE KEEP THIS STREET AS A STREET THAT WE'VE GROWN TO LOVE.
I GREW UP IN THAT HOUSE WHEN I GOT TO TEXAS, CAME BACK TO UT.
MY KIDS LOVE GRANNY'S HOUSE, SO THEY DON'T WANT OTHER PEOPLE COMING IN WITH THESE, CHANGING THE BUILDINGS TO DO WHATEVER WITH ALL THESE STRANGERS COMING IN.
WE DON'T WANT BUSINESSES ON THE STREET.
WE DON'T WANT MORE CONDOS AND MORE DUPLEXES OR MORE WAYS THAT THEY'RE CHANGING EAST AUSTIN, WHICH IS GREAT, BUT, YOU KNOW, NOT ON THAT STREET.
SO I WOULD HOPE THAT YOU GUYS CAN GO AHEAD, HEAR THEM TONIGHT, LISTEN TO THEM.
LIKE THEY SAID, HE WON'T EVEN SHOW UP, WHICH IS GREAT.
HOWEVER, I WOULD HOPE THAT YOU GUYS CAN HEAR THEM, HEAR THEIR, I DON'T LIVE THERE AND I DON'T THINK ANYBODY WANTS TO HAVE A BUSINESS ON THEIR STREET.
SO THAT'S JUST MY PERSONALLY, MY PERSONAL, PERSONAL PREFERENCE.
I'M SURE YOU ALL WOULD NOT LIKE TO HAVE IT EITHER.
SO THINK ABOUT YOUR OWN LIVES AND HOW YOU WOULDN'T WANT ANYBODY COME TO PUT A BUSINESS ON YOUR STREET WITH YOUR KIDS' PLAN.
SHIRLEY, YOU'LL HAVE TWO MINUTES.
UM, FIRST OF ALL, UM, MY NAME IS SHIRLEY.
TERRY AND I HAVE LIVED AT 61 0 5 CHERRY LAWN CIRCLE FOR 29 YEARS.
UM, MY, UH, OTHER NEIGHBOR THAT HAD LIVED ACROSS FROM ME FOR, UH, ALMOST 30 YEARS, MOVED TO CALIFORNIA AND INFORMED ME THAT, UM, MR. SMITH HAD PURCHASED HER HOME, UH, FOR THE PURPOSE OF HAVING HIS IN-LAWS THERE.
WHAT WE JUST FOUND, WHAT WE INITIALLY FOUND OUT WAS THAT ONCE WE GOT A LETTER IN THE MAIL FROM, UM, THE STAFF THAT MR. UM, MR. SMITH HAD ACTUALLY MOVED, HE'D BEEN GONE ABOUT A FEW YEARS NOW, THAT HE HAD ACTUALLY OWNED FOUR HOUSES ON OUR STREET THAT WE HAD NO IDEA THIS WAS GOING ON.
UH, BUT WHAT I WOULD LIKE TO SAY IS THAT THE, THE, UH, THE SETUP OF, OF HOW WE GET ALL THIS INFORMATION, I HAD NOT NO IDEA GETTING A LETTER FROM STAFF THAT SOMEONE WANTED TO PUT OFFICES ACROSS THE STREET FROM MY HOME OF 29 YEARS.
UH, THAT WAS REALLY SCARY FOR ME.
THAT'S WHY I GOT ALL MY NEIGHBORS TOGETHER, EVERYBODY.
DID YOU GET A LETTER? DID YOU GET A LETTER? I MEAN, WE WERE
[00:35:01]
ALL KIND OF JUST KIND OF FREAKING OUT ABOUT WHAT'S GOING ON HERE AND WHY NOBODY EVER SAID ANYTHING TO US THE WHOLE TIME.AND, UM, THE, UM, OTHER PART IS JUST RECEIVING THE INFORMATION FROM STAFF THAT, YOU KNOW, JUST LIKE NOW, THE, THE INFORMATION WE RECEIVED TO EVEN SIGN UP, THE INFORMATION WE RECEIVED TO SIGN UP TOLD US WE CAN DONATE OUR MINUTE THAT, THAT JOHN HAD FIVE MINUTES, THE OTHER THREE SPEAKERS HAD THREE MINUTES EACH.
BUT THEN WE GOT HERE AND IT'S A WHOLE DIFFERENT PROCESS THAN WHAT WAS ACTUALLY SENT OUT TO US BY EMAILS.
AND YOU CAN PULL IT UP YOURSELF AND SEE THAT THE INFORMATION IS NOT STATED AS IF IT WAS IN POSTPONEMENT WHAT YOU WOULD ACTUALLY HAVE TO DO HERE.
SO THE INFORMATION THAT'S COMING OUT, I WISH WE WOULD HAVE A BETTER WAY OF, OF ACTUALLY LETTING THE NEIGHBORS KNOW EVEN GETTING SIGNATURES.
WE GOT OVER 20% OF THE BUFFER.
I MEAN 50% OF THE BUFFER AREA IN OUR NEIGHBORHOOD, BUT WE WERE OUT GETTING IN WITHIN 500 FEET.
THAT COULD ONLY BE THOSE IN 200 FEET.
SO JUST MORE COMMUNICATION WITH, WITH UH, STAFF.
OUR NEXT SPEAKER IS SONYA SEAMAN.
SONYA, YOU WILL HAVE TWO MINUTES BEFORE MS. SONYA GOES ON.
I DO WANNA RECOGNIZE COMMISSIONER HANEY AND EX PHYSIO BOARD CHAIR JESSICA COHEN.
UM, STILL DON'T HAVE COMMISSIONER ANDERSON ON YET.
SONYA, ARE YOU PRESENT? OUR NEXT SPEAKER IS ANGELA GARZA.
ANGELA, YOU WILL HAVE TWO MINUTES.
UM, I WANNA REFLECT, I ACTUALLY JUST WANT TO MIMIC THE SENTIMENT THAT'S COMING FROM, WE ACTUALLY HAVE TWO NEIGHBORHOOD ASSOCIATIONS HERE IN THE EAST MK CONTACT TEAM.
AND THE PROCESSES ARE SO CONFUSING.
THESE PEOPLE ARE TAKING THEIR TIME, THEY'RE BEING PROACTIVE, THEY'RE TRYING TO ORGANIZE, THEY'RE HAVING MEETINGS.
UM, LIKE I HAD DONATED, DONATED A MINUTE TO THE LAST LADY THAT WAS UP HERE.
AND WE DIDN'T REALIZE THAT THAT PROCESS CHANGED.
WE DON'T UNDERSTAND WHAT THESE PROCESSES ARE AND WE DON'T FIGURE IT OUT UNTIL WE GET HERE.
NOT TO MENTION THE TECHNICALITY ISSUES, NOT GETTING THE NOTIFICATIONS CORRECTLY.
OUR NEIGHBORS ARE GOING ABOVE AND BEYOND ON BOTH TEAMS TO DO WHAT THEY CAN AND SPEAK WITH PEOPLE, TRY TO GET INFORMATION BACK FOR NOT GETTING THE INFORMATION CORRECTLY.
AND THIS IS WHY I THINK THEY FEEL, AND WE ALL FEEL, UM, THAT IT, IT'S, IT'S A REALITY THAT PEOPLE ARE NOT BEING RESPECTED OUT THERE FOR THEIR TIME.
AND AT FIRST I THOUGHT IT WAS MY IMAGINATION UNTIL I STARTED REALLY SEEING THIS BETWEEN TWO NEIGHBORHOODS THAT WE RESPECT DEARLY HERE IN AUSTIN.
UM, SO I, I WOULD ASK THAT FIRST OF ALL THAT WE, WE CLARIFY THESE PROCESSES AND NOT CONFUSE PEOPLE.
WE'RE FOLLOWING THE EMAILS THAT YOU GIVE US AND WE DO EXACTLY WHAT YOU DO, UH, ASK US TO DO.
AND THEN YOU HAVE TO HAVE A CONVERSATION ABOUT CHANGES THE STRATEGY RIGHT AT THE LAST MINUTE.
WE DON'T HAVE, WE, WE DIDN'T GET ANY EMAIL THAT SAYS THAT YOU CAN'T GIVE SOMEBODY YOUR TIME FOR A POSTPONEMENT.
UM, SO WE REALLY ASK THAT THESE PRO PROCESSES ARE SIMPLIFIED, THAT YOU RESPECT OUR NEIGHBORS AND OUR NEIGHBORHOODS.
THEY HAVE GONE ABOVE AND BEYOND AND IT'S TAKEN THEM A LOT OF EFFORT AND A TON OF WORK TO GET THIS UM, DONE WHEN THEY GET OVER HERE AS WELL.
UM, AND THIS IS WHERE A LOT OF THE FRUSTRATION IS.
AND I CAN FEEL THE FRUSTRATION 'CAUSE I SEE IT ON BOTH SIDES ON OUR ON IN OUR NEIGHBORHOOD PLAN.
THESE ARE REALLY RESPECTED, VERY EDUCATED PEOPLE HAVE PUT A LOT OF WORK IN THESE NEIGHBORHOODS IN THE CITY AS WELL.
AND IT FEELS LIKE A COMPLETE DISRESPECT TO THEM.
OUR NEXT SPEAKER IS TONY WATTS.
TONY, YOU'LL HAVE TWO MINUTES.
OUR NEXT SPEAKER IS CARSON CHE.
OUR NEXT SPEAKER IS ABBY RUIZ.
ABBY WILL BE JOINING US VIRTUALLY.
ABBY, PLEASE PRESS SIX AND PROCEED WITH YOUR REMARK.
HI EVERYONE, MY NAME IS ABBY RUIZ AND I'M AN OFFICER ON THE PECAN SPRINGS SPRINGDALE HILLS NEIGHBORHOOD ASSOCIATION.
I AM IN STRONG OPPOSITION TO THIS POSTPONEMENT.
I REALLY DON'T HAVE MUCH TO ADD TO THE DISCUSSION OTHER THAN I AM ALSO IN AGREEMENT WITH THE NEIGHBORS AND COMMUNITY MEMBERS WHO ARE BURDENED WITH ATTENDANCE TO ENSURE THAT THEIR CASE OF OPPOSITION TO THE ZONING CHANGE IS HEARD.
OUR NEXT SPEAKER IS HAGAN BARBER HAGAN.
[00:40:08]
HELLO, MY NAME IS HAGEN BARBER.I'M A RESIDENT OF MAPLE LAWN CIRCLE, WHICH IS A FEW STREETS AWAY FROM CHERRY LAWN.
UM, I WANT TO BE HERE TO STAND IN SOLIDARITY WITH MY NEIGHBORS AND SAY THAT WE ARE IN, UH, DISAGREEMENT WITH THIS POSTPONEMENT AND WE WOULD LIKE TO LET OUR CASE BE HEARD TONIGHT AND TALK ABOUT THE REZONING.
OUR NEXT SPEAKER IS ELIZABETH NICH.
ELIZABETH, YOU'LL HAVE TWO MINUTES.
HI, MY NAME IS ELIZABETH NICHE AND I'M A RESIDENT OF MAPLE LAWN CIRCLE, WHICH AS MY HUSBAND SAID, IS JUST A FEW STREETS AWAY.
I ALSO WANT TO REITERATE MY OPPOSITION TO THIS POSTPONEMENT.
YOU KNOW, THE UM, APPLICANT HERE I FEEL LIKE IS REALLY ABUSING THE ADMINISTRATIVE PROCESS.
UM, YOU KNOW, HE CAN AFFORD ATTORNEYS THAT CAN ARE PAID TO BE HERE.
AND I THINK A LOT OF MY NEIGHBORS FEEL THE SAME WAY.
ADDITIONALLY, YOU KNOW, WE WERE PREPARED TO PRESENT OUR CASE.
WE FOUND OUT, YOU KNOW, ONLY A FEW DAYS AGO THAT THEY HAD ASKED FOR A POSTPONEMENT THAT THEY'RE CONSIDERING, YOU KNOW, REDOING THEIR PROPOSAL.
WHERE'S THE NEW PROPOSAL? YOU KNOW, THEY'VE HAD MONTHS TO REDO THEIR PROPOSAL.
THEY HAVEN'T BEEN IN CONTACT WITH THE NEIGHBORS.
UM, YOU KNOW, I'M SURE WE'LL BE BACK HERE IN JANUARY WHEN THEY ASK FOR ANOTHER POSTPONEMENT AND YOU KNOW, HOPEFULLY THE APPLICANT REALIZES THERE'S JUST GONNA END UP BEING MORE NEIGHBORS THAT SHOW UP.
OUR NEXT SPEAKER IS KATIE DUFFY.
KATIE, YOU WILL HAVE TWO MINUTES.
THAT CONCLUDES THE SPEAKERS ON THIS ITEM.
I THOUGHT WE'RE GONNA CIRCLE BACK AROUND TO ALEXANDRA.
SHE JUST, UH, DO YOU HAVE ANOTHER PHONE NUMBER FOR ME? UM, WHAT NUMBER DID YOU CALL THE NUMBER THAT I HAVE RIGHT NOW? I'LL, SORRY, WE'RE TRYING TO SEE IF THERE'S ONE LAST SPEAKER.
HER PHONE NUMBER, SHE MIGHT BE HERE NUMBER.
ARE WE WORKING TO GET THEM ONLINE OR THERE'S NOT MUCH WE CAN DO ON OUR END? UM, WE CAN.
SO WHAT WE'LL DO IS WE'LL HEAR FROM THE APPLICANT, UM, AS A REBUTTAL AND THEN A LITTLE OUT OF TURN IF THIS LAST PERSON COMES ONLINE, WE'LL THEN HEAR THEM.
UM, IS ANYBODY ABLE TO SPEAK IN, IN ALEXANDER'S PLACE THERE? YOU OKAY, WE'RE GONNA HAVE TO MOVE ON.
UM, WE LAST CHANCE IF I'M REALLY TRYING TO GET THE LAST PERSON ON.
UM, LOOK, WE'LL GO INTO OUR Q AND A.
WHAT ABOUT THE POSTPONEMENT? I MEAN, YEAH.
UM, WE'LL GO TO A Q AND A ABOUT THE POSTPONEMENT, REMEMBER.
UM, ANY QUESTIONS? COMMISSIONER COX AND THEN COMMISSIONER HOWARD.
HOWARD, I'M HAPPY TO LET YOU GO FIRST 'CAUSE I KNOW YOU'VE BEEN WORKING WITH THE NEIGHBORHOOD.
SO YES, I, I'VE HAD THE FORTUNATE OPPORTUNITY TO MEET WITH THE NEIGHBORHOOD, ACTUALLY THREE NEIGHBORHOODS AND OBVIOUSLY FROM THE WHAT WE SEE HERE, THERE'S QUITE A BIT OF, UM, I WOULD SAY SOLIDARITY IN, IN A GOOD SENSE BECAUSE THEY'RE ALL UNITED IN THEIR, UH, FEELINGS ABOUT THE NEIGHBORHOOD AND WANTING TO PROTECT THE INTEGRITY OF THE NEIGHBORHOOD.
BUT MY QUESTION FOR STAFF IS JUST TO BE CLEAR.
SO THERE'S QUESTIONS ABOUT WHY WE CANNOT ACT ON THE ITEM TONIGHT AND I JUST WANTED TO PROVIDE STAFF THE OPPORTUNITY TO BE CLEAR ON WHAT IT IS, WHAT IS PRECLUDING US FROM ACTING ON THE ITEM AND WHAT TIME CERTAIN
[00:45:01]
CAN WE LOOK FORWARD TO IF IN FACT THAT IS THE CASE THAT WE CAN SET A TIME CERTAIN TO HEAR THIS ITEM.OH, MIKE'S NOT ON SOMETHING YOU NEED YOUR MICROPHONE ON.
UH, JONATHAN TOMKO WITH THE PLANNING DEPARTMENT.
I'M THE ZONING CASE MANAGER ON THIS CASE.
UM, SO THE APPLICANT, UH, HAD LET US KNOW THEIR INITIAL REQUEST.
UH, WE WERE GETTING READY TO PREPARE A STAFF REPORT.
WE MENTIONED THAT WE HAD CONCERNS ABOUT THE REQUEST.
UH, THE APPLICANT WANTED TO MEET WITH US.
WE DID NOT GET A CHANCE TO WRITE A STAFF REPORT RESPONSIVE, UH, TO THAT INITIAL REQUEST.
UM, WE UH, MET WITH THE APPLICANT THE WEEK BEFORE THANKSGIVING.
UH, THEY WENT OVER THAT THEY HAD HEARD A LOT OF CONCERNS AND WERE CONSIDERING REVISING THEIR REQUEST.
UH, AND THEN, UH, OUR LAST POSTPONEMENT WAS A JOINT STAFF AND APPLICANT POSTPONEMENT THIS REQUEST IS JUST AN APPLICANT POSTPONEMENT BECAUSE THEY ARE REVISING THEIR REQUEST.
THERE'S NOTHING IN THE CODE THAT RE REQUIRES THEM TO REVISE THEIR REQUEST WITHIN A CERTAIN PERIOD OF TIME.
THE ONLY, UH, THING THAT COMPELS THE APPLICANT TO ACT IN OUR CURRENT CODE IS THE EXPIRATION OF A CASE, UM, IF IT'S NOT ON AN AGENDA BY A CERTAIN NUMBER OF DAYS.
UM, SO AT THIS POINT IN TIME WE'RE WAITING, UH, FOR THE APPLICANT TO, UH, REVISE THEIR REQUEST.
UM, IT DOESN'T MAKE SENSE TO WRITE A STAFF, UH, REPORT BASED ON AN OLD REQUEST IF THEY'RE GOING TO BE CHANGING THEIR REQUEST.
UM, AND WE CAN'T WRITE A STAFF REPORT BASED ON A REQUEST THAT WE DON'T KNOW WHAT IT IS.
UM, SO AS SOON AS WE GET A REVISED REQUEST, UH, WE WILL COME UP WITH A STAFF RECOMMENDATION AND WRITE A STAFF REPORT.
UM, SO THAT'S WHERE WE'RE AT AT THIS POINT IN TIME.
UH, WE'VE BEEN IN COMMUNICATION WITH THE, THE NEIGHBORHOOD IN TERMS OF WHAT OUR LIMITATIONS ARE AS AS, AS STAFF.
UM, AND WE ALSO MENTIONED THAT THIS EVENING WE WOULD NOT BE ABLE TO, OR Y'ALL WOULD NOT BE ABLE TO MOVE THE CASE FORWARD WITHOUT A STAFF RECOMMENDATION OR A STAFF REPORT.
UM, SO I'M HAPPY TO ANSWER ANY OTHER QUESTIONS, BUT THAT'S WHERE WE FIND OURSELVES ON THIS CASE.
UH, JOY MIGHT WANT TO ADD SOMETHING.
YES, I JUST WANNA ADD, UM, COMMISSIONER, UM, HOWARD REACHED OUT TO ME AND UH, WE HAD A VERY LONG DISCUSSION ABOUT THIS CASE AND UM, I DO AGREE WITH A LOT OF THE POINTS OR SOME THE POINTS.
UM, IT IS A DRAIN AND A STRESS ON THE NEIGHBORHOOD AND SO WE COMMITTED, I COMMITTED TO COMMISSIONER HOWARD, THAT STAFF WILL BE BACK JANUARY 14TH AND BE READY TO GO.
I DO WANNA ADD THAT UM, THERE WERE SOME TIME CONSTRAINTS THAT, UM, JONATHAN OUTLINED, BUT UM, I'VE SPOKEN WITH THE APPLICANT, WE HAVE COMMITTED TO COMMISSIONER HOWARD THAT WE WILL BE BACK AND READY TO PRESENT THIS CASE JANUARY 14TH.
ANY OTHER QUESTIONS? COMMISSIONER HOWARD? YOU HAVE ABOUT A MINUTE AND A HALF.
I'M TRYING TO FORMULATE A QUESTION AND WELL, SO, UM, ONE OTHER THING.
WHAT WOULD BE THE, SO IN FACT OBVIOUSLY WE HAVE A TIME CERTAIN, UM, TO JANUARY.
SO IS THERE THE OPPORTUNITY, UM, TO ACT ON THE ITEM TONIGHT OR NOT? OBVIOUSLY THERE IS, WE'RE TALKING ABOUT AN AMENDED APPLICATION, WHICH MEANS THAT IT DOESN'T REPRESENT OR REFLECT WHAT THE APPLICANT IS ULTIMATELY ASKING FOR.
SO CAN WE OR CAN WE NOT? OR ARE WE SAYING THAT IT DOESN'T, IT IT WOULD NOT BE LOGICAL OR IT WOULD NOT BE FAIR TO ACT ON AN ITEM IF THE APPLICANT IS ASKED TO AMEND THEIR APPLICATION? I JUST WANNA BE CLEAR THAT IF WE'RE SAYING THAT WE ABSOLUTELY CANNOT OR WE'RE SAYING THAT IT IS NOT REASONABLE TO, TO APPROVE, UH, TO MOVE FORWARD IN THIS FASHION.
UH, COMMISSIONER YOU CANNOT ACT.
THE CODE IS VERY CLEAR THAT YOU MUST HAVE A STAFF REPORT WITH A RECOMMENDATION AND THAT'S OUTLINED BY CODE.
THAT'S THAT'S WHAT I THOUGHT AND I JUST WANTED TO BE CLEAR ON THAT.
YEAH, I GUESS JUST ADDITIONAL CLARIFICATION FROM STAFF.
UM, IF THERE IS NO STAFF REPORT AND WE CANNOT ACT ON AN ITEM WITHOUT A STAFF REPORT, COULD YOU HELP ME UNDERSTAND WHY THIS ITEM WAS EVEN ON OUR AGENDA? BECAUSE I, IT SEEMS LIKE THE CONFUSION IS IS THAT IF AN ITEM IS ON THE AGENDA, THE PUBLIC FEELS THE NEED TO BE PRESENT TO SPEAK TO THE ITEM.
AND IF WE KNOW THAT AN ITEM IS NOT READY AND IS NOT GOING TO BE READY, WHY WAS IT EVEN PUT ON OUR AGENDA?
[00:50:06]
I THINK WE HAVE SOMEONE FROM STAFF MAKING THEIR WAY UP.AND I'LL JUST ADD TO THE LIST OF MY QUESTIONS WHILE WE'RE WAITING FOR STAFF TO COME UP.
UM, WAS ANY OF THE NEIGHBORHOOD CONTACTS THAT WERE IN COMMUNICATION WITH STAFF TOLD ABOUT THE POSTPONEMENT AND THAT ADMINISTRATIVELY WE WOULD HAVE TO POSTPONE THIS? WE LEGALLY CANNOT TAKE ACTION SO THAT NO, NO.
UH, JONATHAN TOMKO WITH THE PLANNING DEPARTMENT.
SO WE WOULD HAD RECEIVED THE APPLICATION.
WE HAD BEEN IN CORRESPONDENCE WITH THE NEIGHBORHOOD.
THEY HAD SUBMITTED THEIR VALID PETITION BASED ON THE CASE.
UM, WE WERE ON TRACK TO WHERE WE FELT LIKE WE WOULD BE ABLE TO PREPARE A STAFF REPORT IN ADVANCE OF THAT INITIAL DATE THAT IT WAS ON THE PLANNING COMMISSION'S A AGENDA AND THEN THE REQUEST CAME IN FOR THE APPLICANT TO, TO MEET WITH US AND DISCUSS THE CASE.
UM, I WAS AT A CONFERENCE IN DALLAS AND SO WERE SEVERAL OF MY COLLEAGUES TO PREPARE A STAFF REPORT IN ADVANCE OF THAT MEETING.
AND AT THAT, NO, NO, I UNDERSTAND THAT AND APOLOGIES FOR INTERRUPTING YOU.
WHAT I'M ASKING IS WHY IS THIS ITEM ON OUR AGENDA FOR TONIGHT IF IT WAS NOT READY TO BE HEARD? I, I THINK WE HAD POSTPONED IT FROM THAT INITIAL, THE LAST MEETING IT WAS ON TO THIS DATE.
OKAY, SO IT HAD TO BE ON OUR AGENDA BECAUSE WE PREVIOUSLY POSTPONED IT TO THIS DATE CERTAIN, CORRECT.
SO MY NEXT QUESTION IS, I DON'T WANT THAT TO HAPPEN AGAIN.
UM, AND SO I'M A LITTLE CONCERNED THAT WE'RE TALKING ABOUT JANUARY 14TH IF THE APPLICANT IS INTENDING TO REVAMP THEIR ENTIRE APPLICATION IN RESPONSE TO NEIGHBORHOOD CONCERN AND THE CHRISTMAS HOLIDAYS ARE COMING UP, I'M PRETTY SURE WE'RE NOT GONNA EXPECT YOU TO WORK OVER CHRISTMAS
UH, AND I'M SURE YOU WON'T ANYWAYS.
UH, WHY ARE WE TALKING ABOUT THE 14TH? WHY, HOW FAR CAN WE PUSH BACK THIS POSTPONEMENT LEGALLY WITHOUT RE NOTIFYING? I BELIEVE IT'S 60 DAYS.
UM, WE DIDN'T MAKE THE REQUEST, STAFF DID NOT MAKE THE REQUEST FOR THAT DATE THE APPLICANT DID.
SO IF THERE IS ANOTHER PLANNING COMMISSION MEETING WITHIN 60 DAYS OF THIS DATE, WE COULD CER, Y'ALL COULD CERTAINLY PROPOSE PROPOSED POSTPONING TO IT.
SO WE CAN PROPOSE TO POSTPONE 60 DAYS FROM TODAY'S DATE.
AND THEN I GUESS I'LL JUST GIVE AN OPPORTUNITY FOR THE APPLICANT TO RESPOND TO THAT.
UM, WHAT IS YOUR TIMEFRAME, WHEN ARE YOU SUBMITTING YOUR REVISED APPLICATION TO STAFF AND CONVINCE ME NOT TO MAKE A MOTION TO POSTPONE THIS FOR 60 DAYS RATHER THAN FOR ONE MONTH? UM, COMMISSIONER NICKL MEAD WITH HESS BLACKWELL HERE ON BEHALF OF THE APPLICANT WE'RE ACTUALLY FINE WITH 60 DAYS.
WE DON'T HAVE AN ISSUE WITH THAT AT ALL.
WE UM, WE ACTUALLY MADE THE REQUEST TO THE 14TH THINKING EVERYBODY WAS READY FOR THE CASE TO COME FORWARD.
SO WE ARE NOT IN A RUSH TO GO TO THE 14TH AND IF THE COMMISSION WOULD FEEL BETTER WITH A LATER DATE TO MAKE SURE WE'RE NOT, PEOPLE ARE NOT HAVING TO SHOW UP AND THEN SOMETHING'S NOT READY AND WE HAVE TO POSTPONE AGAIN.
WE'RE COMPLETELY FINE WITH THAT.
NO, I ANTICIPATING I APPRECIATE THAT AND WHAT THAT, WHAT THAT KIND OF INDICATES TO ME IS THAT Y'ALL, Y'ALL, Y'ALL ARE NOT SUPER CONFIDENT IN HOW THIS IS GONNA MOVE FORWARD.
SO WOULD IT BE BETTER FOR Y'ALL TO JUST WITHDRAW THE APPLICATION AND THEN REFILE IT ONCE YOU'RE READY? UM, I DON'T THINK MY RESPONSE DIDN'T HAVE ANYTHING TO DO WITH US BEING CONFIDENT OR NOT.
I ACTUALLY THINK OUR REVISED PROPOSAL IS GOING TO BE GOOD.
UM, I THINK IT COULD GET SOME SUPPORT.
I CAN'T SPEAK FOR NEIGHBORS OBVIOUSLY, BUT I THINK IT COULD GET SOME SUPPORT.
UM, AND SO WE ARE NOT AT THIS POINT PLANNING TO WITHDRAW AND, BUT STAFF AND EVERYBODY BACK THROUGH THE PROCESS IF I THINK STAFF DID MAKE THE COMMITMENT.
WHEN, WHEN WOULD YOU REVISE? WHEN WOULD YOUR REVISED PROPOSAL BE READY DO YOU THINK FOR I'M ANTICIPATING I WAS, THAT'S WHAT I WAS ACTUALLY ABOUT TO ADDRESS 'CAUSE YOU ASKED THAT QUESTION AS WELL.
I'M ANTICIPATING WE'LL FILE IT NEXT WEEK.
AND I APPARENTLY HAVE MS. MS SONYA WHO WAS TRYING TO CALL IN EARLIER, IT WAS, UH, ALEXANDRIA ANDERSON.
UH, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
ALEXANDRIA, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
CAN YOU GUYS HEAR ME? YES, WE CAN.
[00:55:01]
NEIGHBORS AND EVERYONE THAT'S ABLE TO ATTEND.I'M CALLING ON BEHALF OF THE MARTIN LUTHER KING NEIGHBORHOOD ASSOCIATION AS WELL AS THE CONTACT TEAM EAST MLK CONTACT TEAM, UM, TO SUPPORT THE NEIGHBORS, UM, THAT ARE LOCATED OFF OF CHERRY LANE.
UM, DEALING WITH THIS, THE
THE OFFICE SPACE PROPOSAL WOULD NOT SATISFY A GREATER GENERAL NEED.
CHERRY LANE CIRCLE IS QUIET, IT'S A QUIET RESIDENTIAL CUL-DE-SAC.
UM, AND SO ADDITIONALLY THERE WILL NOT BE AVAILABLE PARKING FOR PROPOSED OFFICES OTHER THAN THE STREET.
I KNOW AMENITIES TO BENEFIT OFFICE WORKERS WITHIN WALKING DISTANCE.
AND SO I'VE BEEN HEARING ABOUT HOW THIS IS POSSIBLY A POSTPONEMENT WITHDRAWAL AND SO I WOULD URGE THE APPLICANT TO DO THEIR DUE DILIGENCE AND REALLY WORKING WITH THE NEIGHBORHOOD AND THE NEIGHBORS AND HEARING THEIR CONCERNS AND REALLY WORKING TO COME TO A RESOLUTION THAT'S GONNA SUPPORT EVERYONE AND, UM, BE BENEFICIAL TO THE COMMUNITY.
SO, UM, I HOPE THAT THIS RESONATES.
I HOPE, I KNOW THE NEIGHBORS HAVE A LOT TO SAY AND EXPLAIN AND YOU'LL HEAR MORE FROM THE INDIVIDUALS THAT LIVE ON THAT STREET, BUT I THINK WE AS A CITY AND AS A COMMUNITY NEED TO DO A BETTER DRIVE OF FIRST HOLDING SPACE FOR THE INDIVIDUALS THAT ARE COMING TO SPEAK AT PLANNING COMMISSIONS, THE INDIVIDUALS THAT ARE GONNA BE DEALING WITH THESE SITUATIONS AND TO HAVE THEM BE MORE OF THE LEADERSHIP WHEN IT COMES TO WHAT'S HAPPENING IN THEIR COMMUNITY AND IN THEIR AREA.
OKAY, WE'LL GO BACK TO COMMISSIONER'S, UM, VICE CHAIR.
UM, MS. MEAD, THIS WOULD BE A QUESTION FOR YOU.
I I JUST WANNA CONFIRM, I THINK WHAT I'M HEARING FROM YOU IS THAT AT THIS POINT YOUR EXPECTATION IS THAT YOU'RE, YOUR CLIENT WILL BE ABLE TO HAVE EVERYTHING FILED AND READY FOR STAFF TO BE ABLE TO REVIEW IN JANUARY.
CORRECT? UM, AND ACTUALLY MIGHT ASK STAFF TO COME UP AND JUST UNDERSTAND, UM, FROM THE STAFF PERSPECTIVE.
WHAT I'M HEARING IS, I THINK AS LONG AS THEY GET THEIR, UH, ASKING Y'ALL WILL BE ABLE TO BE READY BY THE 14TH.
BUT I DID WANT TO ANSWER THE OTHER QUESTION I HAD FROM THE COMMISSIONER.
SO 60 DAYS FROM TODAY IS FEBRUARY 8TH.
SO THERE IS ONE OTHER PLANNING COMMISSION MEETING THAT YOU COULD POSTPONE TO, WHICH IS JANUARY 28TH.
SO YOU HAVE THE OPTION OF EITHER THE 14TH OR THE 28TH.
I APPRECIATE THAT, THAT, AND WHAT I'M HEARING IS THAT STAFF EXPECTS TO BE READY BY THE 14TH.
WE COULD BE READY BY THE 14TH OR THE 28TH.
I MEAN LARGELY I I WE'D NEED TO KNOW WHAT THE REQUEST IS AND AGAIN, UH, WHETHER IT'S GONNA BE, UH, AN EASY STAFF REPORT TO WRITE
AND I KNOW I SAW A BUNCH OF SORT OF HEAD NODS FROM FOLKS WHO ARE HERE FROM THE NEIGHBORHOOD.
I KNOW IF SOMEBODY CAN SPEAK, IT SEEMS LIKE Y'ALL, OF COURSE THE IDEAL UNIVERSITY WOULD BE ABLE TO TAKE ACTION ON IT TODAY, BUT CERTAINLY NO LATER THAN THE 14TH, RIGHT? WE DON'T, FROM THE NEIGHBORHOOD SIDE, THERE'S NOT A REQUEST TO HAVE MORE TIME, IS THERE? NO, NO.
CAN SIR, CAN YOU PLEASE, UH, TO MAKE SURE THE VIRTUAL FOLKS CAN HEAR YOU AS WELL.
SO, UH, THIS IS JOHN LAY AGAIN, UM, FROM THE NEIGHBORHOOD PERSPECTIVE, WE'RE READY TODAY, SO WE'LL TAKE THIS AS SOON AS POSSIBLE.
SO WE WILL ALL BE BACK HERE NEXT TIME AT OUR OWN EXPENSE AND OUR OWN COST SO THAT WE CAN ACTUALLY HEAR THIS CASE ONCE AND FOR ALL.
OTHER QUESTIONS FROM COMMISSIONERS? YES.
COMMISSIONER PHILLIPS? YES, I I HAVE A QUESTION FOR STAFF, PLEASE.
I THINK IT'S BEEN POINTED OUT THAT WE'RE COMING INTO A HOLIDAY SEASON.
I KNOW THAT THE NEIGHBORHOOD WANTS THIS HEARD AS SOON AS POSSIBLE, BUT WHAT HAPPENS IF, IF THE 14TH COMES AND THE APPLICANT ASKS FOR ANOTHER POSTPONEMENT? DO WE HAVE ANY KIND OF THREE STRIKES IN YOUR OUT RULE OR IS IT JUST THEY JUST SHOW UP IN THEIR SOL ONCE AGAIN? UH, I MEAN THE, THERE IS NOT A LIMITATION IN THE NUMBER OF POSTPONEMENTS.
UH, Y'ALL COULD DENY A POSTPONEMENT REQUEST, BUT AGAIN, STAFF WOULD HAVE TO HAVE A RECOMMENDATION, A REPORT RECOMMENDATION AND A REPORT.
SO, YOU KNOW, IF THEY REVISE THEIR REQUEST, THEIR REQUEST LIKE THEY'RE SAYING WITHIN A TIMELY MANNER AND STAFF IS ABLE TO DRAFT A, A STAFF REPORT AND A RECOMMENDATION AND THEY DON'T REVISE THEIR REQUEST AGAIN OR REQUEST A POSTPONEMENT, THEN ON WHICHEVER DATE, EITHER THE JANUARY 14TH OR JANUARY 28TH, Y'ALL COULD DENY ANY POSTPONEMENT REQUEST GIVEN THAT WE HAVE A STAFF REPORT AND A RECOMMENDATION AND MOVE FORWARD YOUR RECOMMENDATION TO COUNSEL AND THANK YOU FOR THAT ANSWER.
UM, AND I'M CONCERNED ABOUT THE JANUARY 14TH IN TERMS OF THE APPLICANT GETTING SOMETHING TO YOU IN TIME
[01:00:01]
TO DO A STAFF REPORT.UM, AND SO I, I DON'T KNOW, MAYBE YOU CAN COMMENT ON THAT BECAUSE THEY'RE SAYING NEXT WEEK AND THEY HAVE THE, THE NEIGHBORHOOD HAS INDICATED THAT THERE'S BEEN NO CONVERSATION AT ALL AND NO NEGOTIATING AT THIS JUNCTURE.
SO HOW REALISTIC IS THAT? I MEAN, WI WOULD SAY, YOU KNOW, I'VE HEARD A LOT OF, AND I'VE LISTENED TO A LOT OF THE TESTIMONY TONIGHT FROM THE NEIGHBORHOOD AND, UH, ALL THE WRITTEN CORRESPONDENCE AND ALL THE DEDICATED PASSION THAT, UH, HAS BEEN EXHIBITED.
I DON'T KNOW THAT IT'S SOMETHING THAT WE WANNA RUSH, YOU KNOW, I MEAN WE WANT TO DO A THOROUGH RECOMMENDATION IN TERMS OF STAFF IN TERMS OF WHAT WE'RE RECOMMENDING BECAUSE IT'S SOMETHING THAT GOES FORWARD WITH THE CASE AS IT MOVES FORWARD TO COUNSEL.
UM, SO I DON'T KNOW IF ANOTHER TWO WEEKS IS GONNA MAKE THAT BIG OF A DIFFERENCE, BUT IT DOES GIVE US ANOTHER ADDITIONAL BUFFER TO COME UP WITH OUR RECOMMENDATION AND WRITE A THOROUGH REPORT WITH A LOT OF, UM, PAUSE IN TERMS OF CONSIDERING, UH, WHAT THE APPLICANT IS ASKING FOR, WHICH WILL BE TOTALLY NEW TO US THAN WHAT WE'VE HEARD BEFORE.
UM, AND EVALUATE THAT IN LINE OF, YOU KNOW, EXISTING ZONING AND THE NEIGHBORHOOD AND, AND OTHER FACTORS.
SO, UM, PERSONALLY I'M A LITTLE BIT MORE COMFORTABLE WITH THE 28TH, BUT IF WE NEED TO ACT AND IF IT'S THE PLANNING COMMISSION'S WILL TO POSTPONE THIS CASE UNTIL THE 14TH, UH, WE CAN CERTAINLY HAVE A STAFF REPORT READY BY THEN IF WE GET A REVISED REQUEST FROM THE APPLICANT.
AND, AND, AND ONE LAST THING, UM, WORST CASE SCENARIO, IF THE STAFF REPORT IS NOT READY BECAUSE OF WHATEVER CIRCUMSTANCES MAY IT'S THE, THE FAULT OF THE APPLICANT, UM, HOW WOULD NOTIFICATION BE GIVEN TO FOLKS WHO HAVE BEEN COMING HERE? THIS IS WHAT, THE THIRD TIME THAT THEY'VE COME TO THE PLANNING COMMISSION AND HAD TO GO HOME AND NOT BE HEARD? YEAH, SO WITH A REVISED REQUEST, WE WOULD RE NOTIFY THE CASE WITH WHAT THAT REVISED REQUEST IS.
UM, THAT WOULD GO OUT, YOU KNOW, THAT IS ANOTHER THING THAT WOULD HAVE TO BE DONE IN ORDER FOR THE CASE TO MOVE FORWARD.
AND MAYBE SOMETHING FOR YOU ALL TO CONSIDER IN DECIDING WHICH DATE YOU WANT TO POSTPONE THIS CASE UNTIL, UM, SO NOTIFICATION WOULD HAVE TO GO OUT AND BE MAILED TO ALL HOUSEHOLDS WITHIN 500 FEET OF WHAT THE REVISED REQUEST IS FROM THE APPLICANT.
UM, YOU KNOW, THAT TAKES TIME FOR US TO GET IT TO OUR NOTIFICATION TEAM FOR THEM TO GET IT TO OUR VENDORS TO SEND THAT OUT WITH THE MAPS AND REQUIRED INFORMATION.
UM, BUT, AND I APPRECIATE THAT, BUT, BUT IF THERE'S UNREADINESS COMING FROM THE APPLICANT'S SIDE, LIKE TONIGHT WHAT HAPPENED AND EVERYBODY SHOWED UP.
WHAT, WHAT HAPPENS DO THEY, DO THEY GET THE PROPER NOTIFICATION THAT THEY DIDN'T OBVIOUSLY GET, NOT, NOT FAULTING ANYONE? NO, I MEAN THE, THE NEIGHBORHOOD HAS REACHED OUT TO ME IN TERMS OF EMAILS FROM FOLKS THAT, UH, HAVE BEEN ENGAGED IN THE PROCESS.
AND SO WHENEVER ANYTHING HAPPENS ON THIS CASE, I EMAIL EVERYBODY WITH AN EMAIL ADDRESS THAT I'VE RECEIVED.
UM, IF THERE'S FOLKS THAT HAVE NOT EMAILED ME, THEN I DON'T HAVE THEIR EMAIL ADDRESS TO KIND OF KEEP THEM IN THE LOOP WITH WHAT'S GOING ON WITH THE CASE.
BUT I'VE DONE MY LEVEL BEST AS A CASE MANAGER TO KEEP FOLKS INFORMED WITH WHAT'S GOING ON WITH THE CASE, UM, GIVEN THE RESOURCES THAT I HAVE AVAILABLE TO ME.
UM, BUT AS FAR AS COMPELLING THE APPLICANT TO DO SOMETHING OR ACT WITHIN A CERTAIN TIME, THAT'S REALLY KIND OF AN AREA THAT WE'VE REITERATED WITH THE NEIGHBORHOOD.
WE DON'T HAVE ANY TOOLS TO DO THAT AS STAFF.
I'M, I'M SORRY, I, I, I KNOW YOU'RE TIME LIMITED.
I JUST WANTED TO ADD TWO THINGS.
ONE, YOU ONLY RE NOTIFY IF THE APPLICANT MAKES A REQUEST THAT INCREASES DENSITY.
WE WILL NOT BE SENDING ANOTHER RENO TO THE NEIGHBORHOOD IF THEY GO DOWN.
AND I WANT TO MAKE SURE THAT THEY ARE NOT EXPECTING ANOTHER NOTICE.
THAT IS OUR STANDARD PRACTICE AND I WANNA PUT THAT ON THE RECORD.
WE HAVE BEEN IN CONVERSATIONS, PHONE, TEXTS, EMAILS, UM, WITH CERTAIN REPRESENTATIVES OF THE NEIGHBORHOOD AND WE'LL CONTINUE TO DO SO.
BUT I CANNOT HAVE TO STATE ON THE RECORD.
UM, I WOULD ASSUME THAT THE REQUEST WILL BE LOWER IN INTENSITY, NOT HIGHER.
BUT IF THERE IS A LOWER REQUEST, A RE-NOTICE, IT'S NOT SENT.
AND I JUST WANNA ADD, I KNOW I'M OVER TIME, I REALLY APOLOGIZE.
BUT WHEN I SPOKE TO COMMISSIONER HOWARD, A LENGTHY CONVERSATION, I COMMITTED BECAUSE WE HAD HEARD FROM THE NEIGHBORHOOD THAT THIS CASE WOULD COME BACK JANUARY 14TH.
I REACHED OUT TO THE APPLICANT AND I SAID, IF YOU DO NOT AMEND TIMELY, WE WILL GO WITH YOUR ORIGINAL RECOMMENDATION.
AND I WANNA PUT THAT, AND SO JONATHAN IS RIGHT.
THE APPLICANT COULD ASK FOR 300, THE NEIGHBORHOOD COULD ASK FOR 300.
THAT IS AT YOUR DISCRETION, NOT OURS.
[01:05:01]
I, WE HEARD, WE ALL HEARD FROM THAT.I COMMITTED, I SPOKE TO THE APPLICANT.
WE WILL MOVE FORWARD JANUARY 14TH AND IF WE DO NOT HAVE A RECOMMEND A REVISED RECOMMENDATION, A RE REVISED REQUEST TIMELY, WE WILL MOVE FORWARD WITH THE RECOMMENDATION BASED ON THE INITIAL ASK.
OTHER QUESTIONS? OKAY, CHAIR COHEN.
I WAS JUST CURIOUS IF A REVIEW'S BEEN DONE ALREADY THAT GOT PULLED.
THEN HOW DID THIS GET ON THE AGENDA? BECAUSE I WASN'T REAL CLEAR ON THAT.
'CAUSE IT SEEMS LIKE WE'VE SPENT AN HOUR ON THIS ALREADY.
I THINK WE HEARD FROM THE CASE MANAGERS, THEY THOUGHT THAT THEY WOULD BE READY THE FIRST TIME AND THEY WERE UNABLE TO MEET THAT TIMELINE, THAT IT WAS POSTPONED TO THIS DATE.
AND THE REASON WHY WE DON'T HAVE A REQUEST TODAY IS BECAUSE WHEN WE SPOKE TO THE APPLICANT BEFORE THANKSGIVING, WE DIDN'T MAKE IT ON THE ORIGINAL REQUEST BECAUSE THEY SAID THEY WERE GONNA AMEND IT AND THEN WE HAD A HOLIDAY.
WE HAVEN'T RECEIVED THAT AMENDMENT AND THERE'S A POINT TO IT IF WE DON'T RECEIVE IT TIMELY.
I DID COMMIT JANUARY 14TH, SO WE MOVE FORWARD.
THAT'S WHY I WAS JUST, BUT WE THOUGHT WE WERE GONNA BE READY.
WE WEREN'T READY THE FIRST TIME.
IT WAS POSTPONED TO THIS DATE CERTAIN AND WE WEREN'T READY BECAUSE THERE WAS A STATEMENT ABOUT AMEN.
IS POSTPONEMENT THE ONLY OPTION? I'M JUST, IS THERE ANY OTHER OPTION LIKE COULDN'T TAKE IT UP ANYWAYS? YEAH.
THE WAY I READ IT, IT SAYS THAT IT SHOULDN'T BE PLACED ON THE IN AGENDA WITHOUT A REVIEW.
IT DOESN'T SAY WE CAN'T HEAR IT WITHOUT A REVIEW.
WELL, HOW IT HAS BEEN INTERPRETED BY STAFF AND OTHERS IS THAT IT CANNOT BE HEARD.
OTHER QUESTIONS? IF NO OTHER QUESTIONS, I'M LOOKING FOR A MOTION.
VICE CHAIR, CHAIR WILL GO AHEAD AND MAKE A MOTION TO CLOSE THE PUBLIC HEARING AND POSTPONE THIS, THIS, THIS WASN'T A PUBLIC, THIS PUBLIC HEARING, SO I'LL GO AHEAD AND MAKE A MOTION TO POSTPONE THIS ITEM TO JANUARY 14TH.
SECOND BY COMMISSIONER JOHNSON.
DID YOU WANNA SPEAK TO THAT? UM, SURE.
I THINK ALL THAT TO SAY WE WANNA BE RESPECTFUL OF THE NEIGHBORHOOD'S TIME AND I THINK WE HAVE A PRETTY SOLID COMMITMENT FROM OUR STAFF AND FROM THE APPLICANT AND THEY WILL SHOULD BE READY RESOLVED BY THE 14TH.
I THINK WE'RE ALSO HEARING VERY CLEARLY THAT WE HAVE HISTORICALLY, UH, BY PRECEDENT ALWAYS GIVEN AT LEAST ONE POSTPONEMENT, UM, TO BOTH THE APPLICANT AND THE NEIGHBORHOOD AS REQUESTED.
AND THAT'S USUALLY BY CUSTOM AND WE'VE HONORED THAT CUSTOM UNLESS THERE'S A REALLY COMPELLING REASON WHY WE CANNOT PROVIDE THAT POSTPONEMENT.
AND SINCE HE, THAT OPTION HAS BEEN USED UP PLANNING COMMISSION HAS A RIGHT TO AT ANY POINT DENY THE POSTPONEMENT IF THERE IS A FUTURE REQUEST.
SO I JUST WANNA SAY I FEEL COMFORTABLE AT THIS POINT MOVING IN WITH THE 14TH, MAKING SURE THAT WE HAVE THAT ABILITY.
UM, AND THE OTHER THING I'LL JUST ADD TO IT IS, UH, I DO WANNA, YOU KNOW, REALLY RESPECT AND, UM, HONOR WHAT THE NEIGHBORHOOD IS SAYING.
IT IS HARD TO DO THIS WORK AND COME UP AND I KNOW Y'ALL HAVE REALLY PUT IN THE TIME, I DO WANNA BE THANKFUL OF WHAT Y'ALL HAVE DONE.
AND I ALSO WANT TO BE, UM, YOU KNOW, AT LEAST I CAN APOLOGIZE FOR MY OWN SELF.
WE CAN DO BETTER ON OUR RULES.
WE'VE RECENTLY REVISED OUR RULES.
WE WANNA MAKE SURE THAT FOLKS HAVE CLARITY ON WHEN THEY CAN TESTIFY, HOW THEY CAN TESTIFY, AND THAT'S ON US AS A BODY.
AND I THINK THAT'S SOMETHING WE'LL CONTINUE TO WORK ON.
BUT I DO JUST WANNA THANK THE NEIGHBORHOOD FOR COMING HERE AND SPEAKING HERE AND HOPEFULLY, YOU KNOW, IF FOLKS CAN MAKE IT, THAT THEY CAN AT LEAST SEND US COMMUNICATION VIA EMAIL OR JOIN US VIA PHONE ON THE 14TH.
COMMISSIONER COX, ARE YOU SPEAKING AGAINST? UH, I'D LIKE TO MAKE A SUBSTITUTE TO POSTPONE TO THE 28TH.
IS THERE A SECOND? I'M NOT SEEING A SECOND.
OKAY, WE'LL GO BACK TO ANYBODY SPEAKING FOR, OR SORRY, AGAINST THE MOTION TO POSTPONE TO JANUARY 14TH.
COMMISSIONER COX, I'LL JUST SPEAK AGAINST, UM, NOT BECAUSE I'M AGAINST POSTPONEMENT 'CAUSE WE, WE HAVE NOTHING TO REVIEW.
I DON'T EVEN KNOW WHAT THE ADDRESS IS FOR THESE THINGS, BUT I AM VERY CONCERNED AND I UNDERSTAND THE NEIGHBORHOOD HAS SAID THAT THEY WANNA HEAR THIS AS SOON AS POSSIBLE.
BUT, UH, IF THE APPLICANT GETS THEIR REVISED INFORMATION OVER SOMETIME NEXT WEEK, THE FOLLOWING WEEK IS CHRISTMAS, THE WEEK AFTER THAT IS NEW YEAR'S AND THEN THERE'S NOT EVEN A WEEK FOR THEM TO FINISH THE STAFF REPORT BEFORE IT NEEDS TO BE POSTED TO BACKUP.
AND WE'VE HAD THIS CONVERSATION SO MANY TIMES ABOUT HAVING BACKUP AVAILABLE
[01:10:01]
AND AVAILABLE AS EARLY AS POSSIBLE, PARTICULARLY TO THE PUBLIC.I'M SURE EVEN THOUGH THE CITIZENS THAT HAVE COME TO SPEAK TO US, UH, SOUND LIKE THAT THEY KNOW EXACTLY WHAT THEIR FEELINGS ARE ABOUT THIS, I'M SURE THAT THEY WOULD APPRECIATE, UH, THE STAFF REPORT.
I DON'T KNOW IF IF, IF THEY'VE EVER READ A STAFF REPORT, BUT IT'S QUITE DENSELY PACKED WITH INFORMATION THAT REQUIRES SOME TIME TO DIGEST.
I ALSO WANT TO PROVIDE ROOM FOR THE APPLICANT AND THE COMMUNITY TO CONTINUE SPEAKING TO EACH OTHER.
'CAUSE IT SOUNDS LIKE THAT HASN'T NECESSARILY BEEN ALL THAT SUCCESSFUL YET.
AND MAYBE WITH THE REVISED APPLICATION, THEY WILL HAVE RENEWED SUCCESS IN, IN TRYING TO FIND A COMPROMISE AGREEMENT WITH WHAT THE APPLICANT AND THE NEIGHBORHOOD WANT TO SEE FOR, FOR, FOR THESE PARCELS.
AND SO I THINK WITH JANUARY 14TH WE ARE SETTING THIS UP FOR FURTHER FAILURE.
PROBABLY ANOTHER POSTPONEMENT PROBABLY A WHOLE NOTHER CONVERSATION ABOUT WHY ARE WE POSTPONING FOR A THIRD OR FOURTH OR WHATEVER IT IS TIME.
SO THAT'S WHY I THINK WE SHOULD BE, UH, CHOOSING A LATER DATE AND THAT'S WHY I OPPOSE THE JANUARY 14TH DATE.
ANY COMMISSIONER SPEAKING FOR YES, COMMISSIONER HOWARD? SO FIRST OF ALL, I WANT TO, UH, CONTINUE TO ENCOURAGE THE NEIGHBORHOOD TO REMAIN, UH, STEADFAST.
I MEAN, I THINK THAT THEY ENDURED QUITE A BIT AND UM, BUT I DO FEEL VERY CONFIDENT HAVING SPOKEN WITH STAFF ABOUT, UM, THEIR BEING VERY FIRM ON THEIR INTENTION TO HAVE THIS ITEM READY.
AND SO I WILL, UM, TAKE THAT AND I THINK THAT AND, UH, SUGGEST TO THE NEIGHBORHOOD THAT THIS WILL HAPPEN AND THAT THEY, UH, UNFORTUNATELY NEED TO COME BACK AGAIN IN JANUARY.
BUT PLEASE DO COME BACK, EXPRESS YOUR CONCERNS, UM, AND ALLOW THE PLANNING COMMISSION TO, UM, ACT ACCORDINGLY.
SO I'M GONNA SUPPORT THE POSTPONEMENT UNTIL JANUARY THE 14TH.
ARE THERE SPEAKER, ARE OTHER COMMISSIONERS SPEAKING AGAINST MR. PHILLIPS? SO I HAVE, UM, A CLARIFYING QUESTION PLEASE.
UM, IT WAS SAID THAT, THAT, UH, IT IS TYPICAL OR COURTESY TO ALLOW FOR ONE POSTPONEMENT FROM EITHER THE APPLICANT OR THE, UM, THOSE OPPOSING IT.
AND SO IS, SO, BUT THIS IS THE SECOND POSTPONEMENT.
IS IT, IS IT NOT? AM I, AM I RIGHT ABOUT THAT? THE FIRST WAS, THE FIRST WAS LISTED AS A STAFF AND APPLICANT POSTPONEMENT.
ALRIGHT, JUST WANTED TO GET THAT POINT CLEARED UP.
SO THE FIRST WAS LISTED AS A STAFF AND APPLICANT, AND THIS IS LISTED AS AN APPLICANT.
SO THIS WILL BE THE FIRST FOR THE APPLICANT.
WE WERE TOLD THE FIRST ONE WAS APPLICANT DRIVEN AS WELL.
IT WAS, THEY CAN'T, IF WE RECEIVED THAT IN WRITING, I CAN PULL UP THE EMAIL.
UM, YOU NEED TO STOP TALKING PLEASE.
UM, OKAY, THIS IS, UM, COMMISSIONERS SPEAKING AGAINST FAIR.
OKAY, WE'RE GONNA GO AHEAD AND TAKE A VOTE ON THIS.
THIS IS TO POSTPONE TWO JANUARY 14TH.
8, 9 10 AGAINST AND ABSTAINING.
OKAY, THAT'S COMMISSIONER COX VOTING AGAINST AND COMMISSIONER HAYNES ABSTAINING.
UM, WE WILL HEAR THIS ON JANUARY 14TH.
UM, CHAIR, JUST A POINT OF PRIVILEGE.
I I WOULD LIKE TO ASK THAT STAFF, UH, IF POSSIBLE POST THE INTERIM RULES OF PROCEDURE THAT WE ADOPTED IN SEPTEMBER TO THE PLANNING COMMISSION WEBSITE.
I THINK THAT MIGHT HELP WITH SOME OF THE CONFUSION ABOUT THE NUMBER OF SPEAKERS WE ALLOW ON CERTAIN ITEMS AND THE ORDER OF SPEAKERS.
UH, I KNOW THOSE ARE IN THE BACKUP FOR THE SEPTEMBER 10TH MEETING.
IT'S ITEM 15, UM, BUT THEY'RE NOT ON THE MAIN PLANNING COMMISSION PAGE AND, AND THAT MIGHT BE HELPFUL.
THANK YOU, COMMISSIONER, WE HAVE REACHED OUT TO THE CLERK'S OFFICE AND WE ARE WAITING TO HEAR BACK FROM REVIEW OR FROM LAW FOR REVIEW.
UM, THANK YOU TO THE NEIGHBORS FOR COMING OUT.
UM, REALLY APOLOGIZE THAT THIS WAS THE OUTCOME FOR TONIGHT AND WE HOPE THAT WE SEE YOU BACK IN JANUARY.
[Items 2 & 3]
WE'LL MOVE ON TO PUBLIC HEARINGS FOR NUMBER TWO AND NUMBER THREE.THIS IS THE GUNTER STREET REZONING.
UM, FIRST WE WILL HEAR FROM MS. MEREDITH AND MR. TOMKO MARINE MEREDITH, THE PLANNING DEPARTMENT.
ITEM NUMBER TWO IS PLAN AMENDMENT NPA 20 24 0 0 1 5 0.01 GUNTER STREET REZONING WITHIN DISTRICT ONE.
PROPERTY ADDRESSES ARE 1 1 4 3
[01:15:01]
AND THREE QUARTERS, 1 1 4 5, 1 1, 4, 5 AND A HALF GUNTER STREET AND 36 0 5 ABBA CIRCLE AND 1 1 4 4 WANER ROAD, WANER ROY DRIVE.THE PROPERTIES ARE WITHIN THE EAST MLK COMBINED NEIGHBORHOOD PLANNING AREA.
THE REQUEST IS TO CHANGE FUTURE LAND USE MAP FROM SINGLE FAMILY TO MULTI-FAMILY RESIDENTIAL LAND USE.
AND IT IS RECOMMENDED BY STAFF JONATHAN TOMKO WITH THE PLANNING DEPARTMENT.
ITEM NUMBER THREE IS CASE NUMBER C 14 DASH 2024 DASH 0 1 0 9.
IT IS A REZONING REQUEST OF 1143 AND THREE QUARTERS GUNTHER STREET, 1145 GUNTHER STREET, 1145 AND A HALF GUNTHER STREET AND 1144 WAYNE NEURO DRIVE FROM SF THREE NMP TO MF THREE NMP.
AND FROM SF THREE NMP TO SF SIX NMP ON 36 0 5.
ABATE CIRCLE STAFF OFFERS THE ALTERNATIVE RECOMMENDATION OF MF THREE CONP ON THE ENTIRE SITE EXCEPT FOR 36 0 5.
ABATE CIRCLE THE CO ON THAT, UH, MF THREE CONP WOULD PROHIBIT MORE THAN 50 DWELLING UNITS ON THAT PART OF THE TRACT.
AND SF SIX NP ON 36 0 5 ABATE CIRCLE, THE SUBJECT TRACK IS APPROXIMATELY 2.75 ACRES AND CURRENTLY HAS APPROXIMATELY SEVEN SINGLE FAMILY HOMES CONSTRUCTED IN THE EARLY 1940S AND FIFTIES.
THE STRUCTURES APPEAR TO BE VACANT AND BOARDED UP TO THE NORTH ARE TWO OLDER SINGLE FAMILY HOMES.
ONE NEWLY CONSTRUCTED DUPLEX TO THE EAST IS SPRINGDALE GARDENS APARTMENTS APPROXIMATELY A HUNDRED MULTI-FAMILY APARTMENTS TO THE SOUTH IS UNDEVELOPED LAND AND TO THE WEST IS ONE CHURCH, ONE SINGLE FAMILY HOME, AND TWO RECENTLY CONSTRUCTED FOURPLEXES.
THIS LOCATION OFFERS PEDESTRIAN, BICYCLE AND TRANSIT OPTIONS AND IS LOCATED WITHIN WALKING DISTANCE OF TWO IMAGINE AUSTIN CORRIDORS, AIRPORT BOULEVARD AND SPRINGDALE ROAD AND ONE IMAGINE AUSTIN CENTER SPRINGDALE STATION.
THE FUTURE LOCATION OF A GREEN LINE RAIL STOP, TWO HIGH FREQUENCY BUS ROUTES EVERY 15 TO 30 MINUTES ARE APPROXIMATE TO THE SITE ROUTE TWO, WHICH IS ROSEWOOD CAESAR CHAVEZ AND ROUTE 300, WHICH IS SPRINGDALE O OR RF.
BOTH ROUTES HAVE STOPS WITHIN A QUARTER MILE OF THE SUBJECT TRACK AND ROUTE 1 35 AND THREE 50, WHICH HAVE STOPS WITHIN A QUARTER MILE OF THE SUBJECT TRACK.
I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.
WE'LL NOW HEAR FROM THE APPLICANT FOR FIVE MINUTES.
COMMISSIONERS AL MEAD AGAIN, UM, WITH HUSCH BLACKWELL HERE ON BEHALF OF THE APPLICANT.
I DON'T, YOU ALL HEARD MY ENTIRE PRESENTATION THE LAST TIME.
I DON'T KNOW HOW MUCH YOU WANNA HEAR ABOUT THIS CASE AGAIN, BUT I DID, I KNOW YOU'VE HEARD A LOT OF CASES BETWEEN NOW AND WHEN YOU HEARD THIS BEFORE.
SO I DID JUST WANNA DO A QUICK RECAP.
SO WE ARE, UM, IN THE PROCESS, ACTUALLY WE ARE IN THE MIDDLE OF A SITE PLAN TO REDEVELOP THIS TRACK.
UM, AND OUR ORIGINAL REQUEST, UM, WAS MF ACTUALLY, I, I THINK OUR ORIGINAL REQUEST WAS ACTUALLY GRMU.
UM, WE REDUCED THAT REQUEST TO MF THREE AND THEN IN DISCUSSIONS WITH THE STAFF AND HEARING SOME OF THE CONCERNS FROM THE NEIGHBORS, WE FURTHER AGREED TO THE CONDITIONS THAT MR. TOM COPE, UM, JUST DISCUSSED.
SO WE AGREED TO NO MORE THAN 50 UNITS ON THE PORTION OF THE TRACK, THAT WOULD BE MF THREE AND WE AMENDED OUR APPLICATION TO MAKE THAT KINDA WEIRD PIECE UP AT THE TOP THAT'S ADJACENT TO ABOUT TO CIRCLE, UM, TO MAKE THAT S OUR REQUEST FOR THAT SF SIX, NOT MF THREE.
WE THINK, UM, THAT WITH THOSE CHANGES, IT'S A REALLY REASONABLE REQUEST.
WE THINK THAT, UM, THE, THE PROPOSED PROJECT WILL FIT IN WELL WITH THE NEIGHBORHOOD.
UH, A COUPLE OF THINGS I WANTED TO POINT OUT.
SO THIS IS SORT OF, THIS IS THE SITE PLAN THAT WE HAVE IN THE QUEUE RIGHT NOW AT THE CITY.
UM, I KNOW WE'VE GOTTEN A QUESTION, WHY CAN'T YOU DO MF TWO AND MF THREE INSTEAD OF MF THREE? BECAUSE WE ARE DOING LARGER UNITS.
THESE ARE ALL TWO AND THREE BEDROOM.
THE MINIMUM SITE AREA PER DWELLING UNIT KICKS IN AND WE ARE RIGHT ON THE CUSP OF BETWEEN WHAT IS ALLOWED UNDER MF TWO FOR TWO AND THREE BEDROOM UNITS AND WHAT'S ALLOWED IN MF THREE.
SO WE WOULDN'T HAVE ENOUGH DENSITY UNDER MF TWO.
WE NEED THAT MF THREE, BUT THEN WE'RE AGREEING TO THAT CONDITIONAL OVERLAY THAT DOESN'T ALLOW US THE, THE FULL, I THINK IT'S 70 UNITS WE'D GET UNDER MF THREE WITH NO RESTRICTION.
[01:20:01]
IT DOWN TO 50 UNITS AND IF WE WERE MF TWO, THAT WOULD BE 46.I ALSO WANT TO POINT OUT THAT YOU'LL HEAR A LOT TONIGHT ABOUT THE TRAFFIC CONCERNS.
WHEN WE ORIGINALLY FILED THIS REQUEST TO, ON THE OUR TRAFFIC WORKSHEET, WE ACTUALLY PROPOSED 149 UNITS.
UM, AND THAT WAS AT THE TIME WE THOUGHT WE WOULD REQUEST GR MU AND EVEN WITH 149 UNITS, THE UH, TRANSPORTATION AND PUBLIC WORK STAFF SAID NOT ONLY DOES GUNTER FUNCTION COMPLETELY FINE TODAY, IT WOULD CONTINUE TO FUNCTION FINE WITH 149 UNITS AND RECALL, WE ARE BRINGING THAT REQUEST DOWN TO 50 UNITS.
UM, AND I JUST WANTED TO ALSO JUST SHARE SORT OF THE PROPOSED DESIGN OF THE UNITS.
THEY'RE GONNA BE TWO STORY AND THREE STORY, AND AGAIN, WE REALLY THINK THAT THEY WILL FIT IN WELL WITH THE NEIGHBORHOOD.
I'M GONNA GO BACK TO THAT SITE PLAN JUST TO SHOW THAT THE ONES THAT ARE A LONG GUNTER, THOSE ARE ACTUALLY GOING TO FRONT ON GUNTER.
WE DON'T HAVE THAT MUCH FRONTAGE, UH, LENGTHWISE ON GUNTER.
AND THE UNITS THAT ARE ON GUNTER ARE ACTUALLY GONNA OPEN UP TO THE STREET TO HOPEFULLY FURTHER ENHANCE THE CHARACTER OF THE SITE AND, AND HELP IT FIT IN WITH THE NEIGHBORHOOD.
AND SO WITH THAT, I'LL JUST BE AVAILABLE TO ANSWER ANY QUESTIONS THAT YOU ALL MAY HAVE, BUT WE REALLY HOPE THAT WITH THOSE AMENDMENTS, UM, WHICH WE GOT IN TIMELY WITH THOSE AMENDMENTS, UM, THAT YOU ALL FIND IT TO BE A REASONABLE REQUEST AND THAT WE WOULD HAVE YOUR SUPPORT.
THANK YOU MS. GARCIA CHAIR WILL NOW BE HEARING FROM THOSE SPEAKING IN OPPOSITION.
OUR PRIMARY SPEAKER IS NICOLE KOKO.
NICOLE, YOU'LL HAVE EIGHT MINUTES.
OH, AND SHE'S ALSO RECEIVING THREE MINUTES OF DONATED TIME FROM AMMOS PEANA.
AMMOS, ARE YOU PRESENT AGAIN? NICOLE, YOU'LL HAVE EIGHT MINUTES.
UM, I DID WANT TO ECHO EVERYTHING THAT CHERRY LAWN NEIGHBORS SAID.
WE ARE WORKING WITH THE SAME APPLICANT'S REPRESENTATIVE AND HAVING A VERY SIMILAR EXPERIENCE.
UM, WE HAVE ALSO FOUND THE PROCESS OF SIGNING UP FOR THIS PLANNING COMMISSION TO BE DIFFICULT REGARDING, UM, UNDERSTANDING THE WHO GETS MINUTES.
AND WE RESEARCHED, WE MET FOR AN HOUR AND THEN WE GOT SCOLDED BECAUSE THEY WERE, THE MINUTES WERE WRONG, BUT WE TRIED TO SIGN UP AS BEST AS WE COULD AND THE PEOPLE WORKING THE LITTLE SHEETS DIDN'T REALLY KNOW THE RULES EITHER.
AND SO I HAVE NOTICED THAT THIS, UM, PROCESS HAS BEEN REALLY FRIENDLY TO THE APPLICANT'S REPRESENTATIVES AND NOT SO MUCH TO THE NEIGHBORS.
UM, I'D ALSO ASK THAT YOU REMEMBER EVERYONE WHO HAD SPOKE AT THE LAST PLANNING COMMISSION.
A LOT OF THEM COULD NOT BE HERE TONIGHT.
WE HAVE SPENT HOURS DOING THIS.
A LOT OF THEM HAVE CHILDREN OR ARE TRAVELING FOR WORK.
THOSE NEIGHBORS WHO COULD MAKE IT TONIGHT AND ARE IN OPPOSITION.
COULD YOU PLEASE STAND NOW? THANK YOU.
IT'S A QUIET DEAD END CUL-DE-SAC.
IF THIS REZONING IS APPROVED, THEY WOULD OPEN UP THE DEAD END ON RAIN ROY IN A BATE CIRCLE TO MAKE IT AN EMERGENCY ENTRANCE AND EXIT POINT ONTO GUNTER.
SO THAT WOULD COMPLETELY CHANGE THE STRUCTURE AND CHARACTER OF THE CUL-DE-SAC AND THE DEAD END.
I AM AWARE OF THE HOUSING CRISIS THAT OUR CITY HAS FACED.
UM, I UNDERSTAND THAT AUSTIN'S ADMINISTRATION AND POLITICAL LEADERS ARE CALLING FOR ZONING AND LAND USE REFORMS IN HOPES OF INCREASING, INCREASING HOUSING SUPPLY.
I DO UNDERSTAND THAT HOUSING AND AFFORDABILITY ARE PRIORITIES FOR YOU.
HOWEVER, I AM STILL HERE TO ASK FOR YOUR THOUGHTFUL DURATION AND REPRESENTATION.
AUSTIN ZONING GUIDELINES CALL FOR NEIGHBORHOOD COMPATIBILITY AND SMOOTH TRANSITIONS BETWEEN LAND USES.
IT IS AN AGGRESSIVE JUMP FROM SF THREE TO MF THREE.
THIS REZONING WOULD SUPPORT MARKET RATE HOUSING.
IT FAILS TO ADDRESS AFFORDABILITY, COMPATIBILITY, OR THE NEEDS OF NEIGHBORS.
FURTHERMORE, ACCORDING TO THE CITY'S ZONING GUIDE, ZONING SHOULD SATISFY A PUBLIC NEED AND NOT CONSTITUTE SPECIAL PRIVILEGE TO AN INDIVIDUAL OWNER.
REZONING SHOULD AVOID SPOT ZONING.
THIS REQUESTED REZONING WOULD GRANT SPECIAL PRIVILEGES TO THE APPLICANT AND IT WOULD UNDERMINE THE ESTABLISHED CHARACTER AND NEEDS OF OUR COMMUNITY.
SPEAKING OF SPECIAL PRIVILEGES AT NOVEMBER'S PLANNING COMMISSION
[01:25:01]
DUE TO A CLERICAL ERROR, THERE WAS NO Q AND A.THE NEIGHBORS WERE COMPLETELY SHUT DOWN.
THE CASE WAS MOVED TO CONSENT FOR THE FOLLOWING WEEK.
WE ALL HAD TO GET READY TO COME AND SPEAK, AND THEN IT WAS POSTPONED AGAIN, WHICH IS GOOD BECAUSE WE DIDN'T WANT IT TO GO TO CONSENT.
HOWEVER, I DON'T KNOW IF YOU REMEMBER, DURING PLANNING COMMISSION, THE APPLICANT'S REPRESENTATIVE WAS ALLOWED TO APPROACH THE PODIUM AND SPEAK AT HER OWN DISCRETION.
MEANWHILE, WE, THE NEIGHBORS WERE COMPLETELY SHUT DOWN THIS STAFF RECOMMENDATION.
AND BY THE WAY, I'M, I'M REALLY UNDERSTANDING HOW MUCH THE STAFF PREFERS TO WORK WITH THE APPLICANT'S REPRESENTATIVE VERSUS LISTENING TO THE NEIGHBORS.
WE VERY MUCH HAVE EMAILED THEM AND DISCUSSED WITH THEM OUR CONCERNS AND THEY STILL, UH, SUPPORTED THIS AND THEY'RE CLAIMING THAT LOWERING IT TO SF SIX, IT DIDN'T EVEN HAVE A SITE PLAN FOR THIS SF SIX.
THIS IS A TINY LITTLE LOT THEY WOULDN'T HAVE BEEN ABLE TO FIT MUCH ON THERE.
ANYWAY, THAT IS A FALSE CONCESSION.
THE STAFF RECOMMENDATION IS CLAIMING THAT THIS, UM, AGGRESSIVE REZONING IS WITHIN WALKING DISTANCE OF TWO AUSTIN IMAGINE CORRIDORS.
THIS MIGHT LOOK GOOD TO YOU ON PAPER.
IN REALITY, THESE PROPERTIES ARE LOCATED ON SMALL NEIGHBORHOOD ROADS THAT YOU DO NOT WANT TO BE WALKING ON AND THEY CANNOT HANDLE MF THREE REZONING.
IF YOU'LL LOOK AT MY PRESENTATION, YOU'LL SEE A PICTURE OF THE SIDEWALK THAT, UH, IS NOT A VERY SAFE SIDEWALK.
THAT'S ALSO WHERE THE WATER MAIN KEEPS BREAKING.
AND SO WE DON'T HAVE, UH, WATER OFTEN.
I WOULD ALSO LIKE TO SAY THAT THIS TRAFFIC STUDY, THEY OAK SPRINGS WAS NOT INCLUDED IN THE TRAFFIC STUDY.
AND GUNTER, THE ONLY WAY YOU CAN GO NORTHBOUND ON AIRPORT IS TO GO THROUGH OAK SPRINGS.
AND OAK SPRINGS WAS NOT INCLUDED ON THIS TRAFFIC STUDY.
WE, THE NEIGHBORS DO HAVE A VISION FOR THOUGHTFUL GROWTH.
MOST OF US MOVE TO THIS NEIGHBORHOOD AND HOPES OF CONTINUED DEVELOPMENT, BUT WE WANT THE GROWTH TO BE BALANCED AND THOUGHTFUL.
THIS CURRENT PROPOSAL DOES NOT REFLECT BALANCE.
THIS APPLICANT HAS PROPOSED MARKET RATE RENTALS, NO AFFORDABILITY COMMITMENTS.
THE PROPOSED RENTS RANGE FROM NEARLY 2,700 TO NEARLY $4,000 PER MONTH.
WITHIN THE CURRENT SF THREE ZONING CREATIVE PLANNING COULD ACHIEVE DENSITY WHILE MAINTAINING COMPATIBILITY.
RECENT CHANGES TO THE CITY'S MINIMUM, LOT SIZES ALREADY ALLOW FOR INCREASED HOUSING OPTIONS.
FOR EXAMPLE, THESE PROPERTIES COULD YIELD APPROXIMATELY 20 HOME LOTS OR UP TO 30 UNITS IF DUPLEXES WERE BUILT.
THINK OF WHAT COULD BE ACHIEVED IF THE APPLICANTS WENT BACK TO THE DRAWING BOARD WITH AN UPZONING THAT IS LESS AGGRESSIVE.
WE HAVEN'T BEEN ABLE TO EXPLORE THIS WITH THE APPLICANTS BECAUSE WE HAVE BEEN DISMISSED BY THEM.
WE HAVE SPENT HOURS MEETING WITH THEM.
THEY DO NOT COME BACK TO US WITH TIMELY EMAILS.
THEY DON'T PUT ANYTHING IN WRITING AND THEY OFFER US FALSE CONCESSIONS.
PLEASE ASK YOURSELVES WHAT YOU WERE TRYING TO REZONE, WHAT YOU WERE TRYING TO ACHIEVE WITH THIS AGGRESSIVE REZONING.
IS IT HIGH PRICE RENTALS THAT DISPLACE EXISTING RESIDENTS AND CREATE SAFETY ISSUES? I'D ALSO LIKE TO SAY THAT WE ARE A NEIGHBORHOOD OF TWO STREETS, MAYBE 40 HOMES.
THE UPZONING OF THESE THREE LOTS COMBINED INTO ONE DEVELOPMENT WOULD OVERNIGHT DOUBLE THE SIZE OF OUR NEIGHBORHOOD THAT IS INAPPROPRIATE.
IN CLOSING MY NEIGHBORS AND I WANT DEVELOPMENT THAT INCREASES SUPPLY, PROMOTE CITYWIDE AFFORDABILITY AND PRESERVES THE NEIGHBORHOOD CHARACTER AND SAFETY.
MF THREE REZONING FOR LUXURY CONDOS ON THE EAST SIDE IS NOT THE ANSWER.
THE SOLUTION IS WORKING WITHIN LOWER ZONING CATEGORIES, SMALLER LOT SIZES, DUPLEX AND TOWN HOMES ARE ALL OPTIONS THAT ALIGN WITH THE CITY'S GOALS FOR DENSITY.
WHILE ENSURING SAFETY, AFFORDABILITY, AND COMPATIBILITY WITH LESS AGGRESSIVE ZONING, WE CAN ACHIEVE GROWTH THAT BENEFITS ALL AUSTINITES NEW AND LONG-TERM RESIDENTS ALIKE.
AVI OMAR WILL BE RECEIVING THREE MINUTES OF DONATED TIME FROM ANGELA GARZA WHO IS CURRENTLY PRESENT.
OMAR, YOU WILL HAVE SIX MINUTES, UM, BEFORE MY TIME STARTS.
WE DO HAVE THE ADDRESSES RIGHT THIS TIME? YES, WE DO FOR SURE.
UM, I ALSO WANT YOU GUYS TO KNOW I'M MISSING A 70 MILLIMETER IMAC SCREENING OF INTERSTELLAR FOR THIS.
SO I HOPE YOU UNDERSTAND HOW MUCH I CARE ABOUT BEING HERE.
UM, THE FIRST THING I I WANNA LEAD WITH IS JUST CALLING ATTENTION TO THE FACT THAT WHEN THE APPLICANT'S ATTORNEY GETS UP HERE AND SAYS
[01:30:01]
THAT THEIR EXISTING SITE PLAN HAS ALL BEEN PUT TOGETHER AS SOME FUNCTION OF WHAT WE HAVE REQUESTED, UM, IT INDUCES THE WORST IMAGINABLE HEADACHE BECAUSE THAT IS JUST SIMPLY NOT THE CASE.THE SITE PLAN THAT THEY HAVE WAS FILED PRIOR TO THEM EVER MEETING WITH US.
THEY FILED IT BECAUSE OF A LACK OF DILIGENCE ON THE LAND THAT THEY HAD PURCHASED.
THEY SPENT $3 MILLION GIVE OR TAKE ON THIS PIECE OF DIRT AND THEN DIDN'T GO THROUGH THE PROCESS OF BEING DILIGENT ABOUT CHECKING HOW IT WAS ACTUALLY ZONED.
THEY BOUGHT IT FOR THAT DOLLAR AMOUNT BECAUSE THEY HAD BELIEVED THAT IT WAS ALREADY ZONED FOR MF THREE.
COME TO FIND OUT, IT IS IN FACT SF THREE.
THE SECOND THING I ALSO WANT TO CALL OUT IS THAT WE NEVER ONCE RECEIVED ANY NOTICE THAT THE INITIAL APPLICATION THAT WAS FILED WAS FOR, UH, GRMU.
UH, THE ONLY NOTICES THAT THE NEIGHBORHOOD HAS EVER RECEIVED HAVE BEEN UNDER THE MF THREE, UH, ZONING REQUEST.
IN ADDITION TO THAT, THE INITIAL PROPOSAL THAT WE RECEIVED WAS FOR 47 UNITS.
SO THE SAID CONDITIONAL OVERLAY OF, WELL, WE WILL CAP IT AT 50, UM, WAS NOT A CONCESSION.
AND I JUST WANNA MAKE THAT, UM, CLEARER THAN THE CLEAR PEPSI THAT THEY MADE IN THE EARLY NINETIES, JUST TO BE SUPER CLEAR ABOUT THAT PIECE OF IT.
AND THEN THE OTHER THING THAT I WANT TO CALL OUT IS THAT PIECE OF LAND THAT IS ON WAYNE ROY.
ALSO THE NAMES OF THE STREETS, JUST TO BE CLEAR, IT'S GUNTER WITH A T.
THERE'S NO H SO IT'S NOT GUNTHER, UH, IT'S ALSO WAYNE ROY, NOT WINERY OR WHATEVER IT IS THAT'S BEEN SET UP HERE, JUST LIKE DRIVES ME NUTS.
AND SO THAT PIECE OF LAND THEY NEVER HAD A SITE PLAN FOR WHEN WE MET WITH THEM ORIGINALLY, UM, I BELIEVE IT WAS BACK IN SEPTEMBER WHEN THEY WERE PROPOSING THIS ALL TO US.
UH, THEY SAID THAT THEY DID NOT AT THE TIME HAVE ANY KIND OF PLAN FOR THAT SF SIX ZONING.
AND, UH, ADAM, WHO WORKS FOR AN ARCHITECTURAL FIRM HAD MENTIONED THAT IT MAY BE DUE TO THE FACT THAT THE SITE PLAN THAT THEY HAD FILED NEEDED SOME KIND OF EASEMENT.
THE OTHER PIECE I REALLY WANNA JUST BE CLEAR ABOUT IS HAVING TODAY'S ACTUALLY THE FIVE YEAR ANNIVERSARY OF ME BUYING THAT HOUSE THAT I HAVE ON 11, UH, 39 AND THREE QUARTERS GUNTER.
AND SO TO HEAR FROM SOMEONE WHO'S PROBABLY SPENT A GRAND TOTAL OF ONE HOUR ON THAT STREET, IF THAT, THAT THE TRAFFIC IS NOT A PROBLEM, UM, IT MAKES ME WANT TO CRY, UM, LIKE MID TWO THOUSANDS EMO MUSIC LEVEL SORT OF CRY.
LIKE THAT'S HOW HARD I WANNA CRY.
AND THAT'S BECAUSE WE, WE'VE HAD TWO VEHICLES, UH, TOTALED.
WE'VE HAD A VEHICLE COME CRASHING INTO THE SIDE OF OUR FENCE, UH, DESTROYING THE GAS LINE, CAUSING A GAS LEAK.
I HAD TO PULL A GUN ON THE PEOPLE WHO CRASHED INTO THE HOUSE AND THEN HOLD THEM THERE AT GUNPOINT UNTIL A PD SHOWED UP, WHICH WAS LIKE A TON OF FUN.
UH, IT WAS ALSO A TON OF FUN STAYING UP UNTIL SIX IN THE MORNING WITH, UH, THE FIRE DEPARTMENT, A PD AND THE GAS COMPANY OUTSIDE FIXING THE GAS LINE.
AND I WANT YOU GUYS TO THINK ABOUT THE PEOPLE WHO LIVE AT THE END OF THE STREET IN THE SECTION EIGHT HOUSING.
BECAUSE THOSE PEOPLE THAT LIVE AT THE END OF THE STREET IN LUPINE TERRACE, THEY DON'T HAVE THE ECONOMIC MOBILITY TO RECOVER FROM SOMETHING LIKE A TOTALED VEHICLE.
SO WHEN A DRUNK DRIVER OR A SPEEDING DRIVER OR SOMEONE JUST FLYING DOWN THAT STREET, USING IT AS A CUT THROUGH, BECAUSE AS NICOLE HAD MENTIONED, THERE'S ONLY ONE WAY OUT TO GO NORTHBOUND ON AIRPORT.
YOU HAVE TO GO OUT, UH, NORTH OF GUNTER TO OAK SPRING.
AND THAT'S THE ONLY WAY YOU CAN HEAD, UH, THAT ONE DIRECTION, UH, ON AIRPORT BOULEVARD.
AND SO WHEN I THINK ABOUT THESE PEOPLE WHO, YOU KNOW, QUITE LITERALLY, THESE ARE THE PEOPLE WHO COOK YOUR FOOD, THEY CLEAN YOUR STUFF, UM, THEY TEACH YOUR KIDS OUTTA SCHOOL POTENTIALLY, RIGHT? LIKE I KNOW MANY OF THE PEOPLE THAT LIVE IN THAT DEVELOPMENT WHEN THEY'VE HAD THEIR CARS GET HIT AND DESTROYED AND LIKE JUST THE, THE SHEER LACK OF INABILITY TO RECOVER AND THE DAMAGE THAT THAT DOES.
UM, IT IS HEARTBREAKING HAVING, HAVING GROWN UP POOR, UM, I KNOW HOW TOUGH IT IS TO BE IN THAT SITUATION.
AND SO THE DIS JUST, IF ANYTHING, THE DISMISSIVENESS AROUND THE TRAFFIC ISSUE IS, IS COMPLETELY UPSETTING.
AND SO WHAT I'M ASKING YOU GUYS TO GIVE CONSIDERATION TO IS THE FACT THAT THE ENTIRE NEIGHBORHOOD, AGAIN, WE WANT DEVELOPMENT, WE WANT DENSITY.
WE'RE NOT SAYING WE DON'T WANT THEM TO BUILD, UH, EVEN 47 UNITS, 47 UNITS THAT ARE TWO TO THREE BEDROOMS EACH.
I DO BELIEVE BASED ON THE CURRENT ZONING CODES COULD BE ACHIEVED UNDER SF FOUR A, UH, SF FOUR B OR SF FIVE, UH, IF NOT SF SIX.
THEY DON'T NEED AN AGGRESSIVE MF THREE ZONING IN ORDER TO GET THE DENSITY THAT THEY ARE LOOKING FOR.
WHAT WE HAVE ASKED FOR IS NO SHORT TERM RENTALS.
WE'VE ASKED FOR 10 TO 15% OF THE UNITS TO BE INCOME RESTRICTED SO THAT PEOPLE WHO WORK IN THE SURROUNDING BUSINESSES CAN AFFORD TO LIVE CLOSE TO WHERE THEY WORK.
AND I WANT YOU GUYS TO THINK ABOUT THE FACT THAT BETWEEN THE GOODWIN AND THE BUILDING ACROSS THE STREET FROM THAT, THAT'S A THOUSAND UNITS TOTAL BETWEEN THOSE TWO BUILDINGS.
WE HAVE ANOTHER APPLICATION FOR ANOTHER PROPERTY RIGHT ON THE CORNER OF OAK SPRING AND AIRPORT, AND THAT'S GONNA BE ANOTHER 400 UNITS, THE PEARL OR WHATEVER THAT
[01:35:01]
BUILDING IS FURTHER DOWN AIRPORT THAT'S NOT FULLY LEASED, THE ONE THAT'S RIGHT BEHIND GO VALLEY PARK.YOU GUYS ARE GETTING THOUSANDS OF UNITS.
THERE ARE THOUSANDS OF UNITS ALREADY BEING PUT UP THERE.
AND I WANT YOU GUYS TO LOOK VERY HARD AT DETROIT AND REMEMBER THAT VACANCY IS NOT A FUNCTION OF WHAT MAKES PEOPLE WANNA MOVE HERE, RIGHT? IT'S JOBS, IT'S CULTURE, IT'S ECONOMY.
AND WHAT YOU DO WHEN YOU CONSISTENTLY JUST PUSH THROUGH AGGRESSIVE ZONINGS LIKE THIS, IS YOU FORCE PEOPLE TO CAN START CONSIDERING OPTIONS LIKE, WELL, LET ME MOVE TO DRIPPING SPRINGS.
LET ME JUST GET OUT SO I DON'T HAVE TO DEAL WITH THIS ANYMORE.
RIGHT? THAT'S START, THAT'S WHAT STARTS TO HAPPEN.
AND SO IN, IN CLOSING, WHAT I'M ASKING YOU GUYS TO DO IS PLEASE REJECT THE MF THREE ZONING.
PLEASE GIVE CONSIDERATION TO A LESS AGGRESSIVE ZONING THAT WOULD ACHIEVE LITERALLY THE SAME DENSITY.
OUR NEXT SPEAKER IS MIRANDA CURRY.
SHE'LL BE RECEIVING THREE NI THREE MINUTES OF DONATED TIME FROM COLLECTIVELY CHRISTINE VINCENT, COLETTE HANKY, AND ADAM LEVITT.
CAN Y'ALL THREE PLEASE RAISE YOUR HANDS AND SHOW THAT YOU'RE PRESENT? OKAY, MIRANDA, YOU'LL HAVE SIX MINUTES.
UM, MY NAME IS MIRANDA WALDRON.
I LIVE DIRECTLY NEXT TO THE PROPOSED DEVELOPMENT SITE AT 11 45 3 QUAR QUARTERS GUNTER STREET.
UM, I TODAY JUST WANNA SHARE MY EXPERIENCE, UH, WITH THE CURRENT PROPERTY OWNERS AND DEVELOPERS AND WHY I ULTIMATELY THINK THIS REZONE IS TOO LARGE OF A SCALE, UM, IN GENERAL AND PARTICULARLY FOR THIS DEVELOPER.
CAN WE PAUSE HER TIME WHILE WE PULL THAT UP? I THINK I LOCATED, SHOULD WE GIVE, OH, HERE.
I'LL, IT'LL TAKE A MOMENT TO CONVERT IT.
IT'S IN A DIFFERENT FORMAT AND WE DID NOT SEE IT.
SHOULD WE MOVE ON TO THE NEXT SPEAKER AND GIVE HER A FULL AMOUNT OF TIME NEXT? OR DO WE WANNA WAIT FOR IT TO GET CONVERTED? WOULD THAT BE OKAY WITH YOU IF WE SURE.
I WANNA MAKE SURE YOU GET YOUR FULL TIME.
AND SO I DON'T KNOW HOW LONG THIS FILE CONVERSION WILL TAKE YOU JUST DOWNLOAD IT AS A PDF OR YOU CAN USE THE LINK, BUT I CAN COME BACK IF THAT'S WHAT NEEDS TO HAPPEN.
ARE WE DOWNLOADING THE FILE OR ARE WE MOVING ON? OKAY.
UM, SO THIS PROPERTY HAS EFFECTIVELY FUNCTIONED AS A, UM, DUMP SITE, A HOME FOR SQUATTERS, UM, AND A PASS THROUGH.
UH, FOR PEOPLE WHO LIVE IN THE NEIGHBORHOOD, UH, OR DON'T REALLY LIVE IN THE NEIGHBORHOOD.
UH, PEOPLE JUST START WALKING THROUGH ALL HOURS OF THE DAY AND NIGHT.
UM, DOING I DON'T KNOW WHAT ON THE PROPERTY.
UM, I HAD CALLED 3 1 1 MANY TIMES.
UM, JUST CONCERNED ABOUT THE PROPERTY.
IT WASN'T BOARDED UP FOR MANY MONTHS, UM, WHEN IT WAS FIRST PURCHASED.
UM, SO CALLING THROUGH ON ONE A LOT.
UM, THE FIRST, UH, VIOLATION WAS OPENED ON, UH, JUNE 6TH OF THIS YEAR.
UH, UNFORTUNATELY THEY WERE ONLY CITED FOR THE GRASS AT THIS TIME, UM, WHICH I FIND A LITTLE BIT HARD TO BELIEVE, BUT APPARENTLY THAT'S ALL THAT WAS VISIBLE FROM THE STREET.
UM, THE OWNERS OF THE PROPERTY AND THEIR LAWYERS CLAIM TO NEVER HAVE RECEIVED THIS FIRST NOTICE, EVEN THOUGH IT WAS POSTED MULTIPLE TIMES ON THE PROPERTY AND SENT TO THEIR ADDRESS ABOVE.
UM, HERE IS A COPY OF THAT FIRST NOTICE.
UM, YOU CAN SEE THE ADDRESSES THERE THAT IT WAS SENT TO.
UM, HERE'S A PICTURE OF THE PROPERTY FROM THE FRONT.
UM, YOU CAN SEE KIND OF THE TRASH ALL AROUND THE GRASS, I GUESS WAS THE ONLY THING THAT IT WAS CITED
[01:40:01]
FOR.UH, BY THIS TIME I'M CALLING 3 1 1 AND 9 1 1 FREQUENTLY.
UM, 'CAUSE PEOPLE ARE COMING THROUGH, LIKE I SAID, ILLEGAL DUMPING.
THERE'S SOMEBODY WHO DRIVES BY THE PROPERTY PRETTY MUCH EVERY SINGLE DAY WITH A TRAILER FULL OF TRASH.
UM, AND I WATCH THEM COME IN WITH A TRAILER FULL OF STUFF.
THEY PULL IN, THE TRASH DISAPPEARS, AND THEN THEY PULL BACK OUT.
UM, I CALLED 3 1 1 ABOUT THIS MULTIPLE TIMES.
I'VE CALLED 9 1 1 ABOUT THIS MULTIPLE TIMES.
UM, SO IT'S BASICALLY JUST A BIG DUMPSTER RIGHT NOW.
UM, MY PROPERTY WAS ALSO BURGLARIZED, UM, JUST PRIOR TO THIS, UH, PHOTO BEING TAKEN.
SO I DON'T KNOW WHO ALL AROUND THE PROPERTY, I FELT VERY UNSAFE.
UM, ALSO THE GRASS HAD NOT BEEN TOUCHED, BUT THAT'S NOT THE MAIN PROBLEM.
UM, HERE YOU CAN SEE KINDA THE HOUSE FROM THE SIDE.
YOU CAN ACTUALLY SEE THAT THE FRONT DOOR WAS NOT ONLY UNSECURED, BUT A JAR AT THIS TIME, WHICH AS YOU CAN IMAGINE, I LIVE BY MYSELF.
UM, A LITTLE SCARY TO LIKE WALK OUT YOUR FRONT DOOR.
AND THERE'S THIS, YOU CAN SEE IN THE LAST PHOTO, UM, LIKE YOU'RE KIND OF WALKING BY AND YOU'RE LIKE, OH, IS THAT DOOR OPENING AND CLOSING? IT'S KIND OF TERRIFYING.
UM, THE HOUSE IS FULL OF TRASH, FULL OF RATS, SQUIRRELS, UM, YOU CAN SEE MATTRESSES.
THE HOUSE IS JUST FULL OF TRASH.
THERE'S WOOD ROTTING, WOOD SITTING ON POWER LINES, UM, BROKEN THINGS EVERYWHERE.
UM, I SENT ALL OF THESE PHOTOS TO THE DEVELOPERS, UM, AND ELLE, UH, ON AUGUST 1ST.
UM, I GUESS THE SYSTEM WAS SHOWING THAT THERE WERE NO VIOLATIONS FOUND, REGARDLESS OF, UH, WHAT 3 1 1 HAD REPORTED.
IF I'M SENDING YOU THESE PHOTOS AND SAYING, I'M DON'T FEEL SAFE IN MY OWN HOME HERE.
UM, AND THERE'S A REAL PROBLEM AT THIS PROPERTY AND IT NEEDS TO BE SECURED, AND THE DEVELOPERS ARE JUST RESPONDING AND SAYING THERE'S NO OFFICIAL PROBLEM, THAT DOESN'T MAKE ME FEEL VERY CONFIDENT IN THEIR ABILITY TO, UH, MAINTAIN ANY KIND OF PROPERTY.
ESPECIALLY NOT ONE THAT HAS 47 UNITS.
UM, SO THE FOLLOWING DAY THEY DID MOW THE LAWN, WHICH WAS NICE.
UM, I WAS CALLING 3 1 1 EVERY SINGLE DAY AT THIS POINT, UM, BEGGING THEM TO HAVE SOMEONE COME OUT AND, UH, ASK THE DEVELOPERS TO JUST BOARD UP THE PROPERTY.
UM, A SUPERVISOR, KEISHA LARA ARRIVED A COUPLE DAYS LATER.
UM, I SPOKE, SPOKE WITH HER AND WALKED HER ONTO MY PROPERTY.
SHE OBVIOUSLY NOTICED ALL THE ISSUES I'D BEEN TALKING ABOUT, UM, WHICH YOU CAN SEE HERE.
UH, AND THEN THIS ISSUE, THIS WAS ISSUED ON AUGUST 6TH.
UM, THE PROPERTY WAS EVENTUALLY BOARDED UP ON AUGUST 15TH.
UH, WITH ALL OF THAT TRASH SEALED INSIDE, UH, NOTHING WAS DONE.
SO IT'S STILL INFESTED WITH RATS.
I'M PRETTY SURE THE PEOPLE WHO LIVED THERE BEFORE NEVER CLEANED OUT THEIR FRIDGES, ANY OF THEIR FURNITURE.
UH, AND IT HAS REMAINED LIKE THIS.
UM, HERE YOU CAN SEE ADDITIONAL NOTICES POSTED ON TOP OF THE BOARDS.
UH, THE PROPERTY IS STILL, UM, IN VIOLATION OF A NUMBER OF CODES AND, UH, THE DEVELOPERS HAVE NOT DONE ANYTHING ABOUT IT.
THIS IS JUST WHAT'S VISIBLE FROM THE STREET.
UM, THE, THE ENTIRE PROPERTY IS JUST, UH, A DUMPSTER.
UM, SO I UNDERSTAND THAT DEVELOPMENT IS ULTIMATELY A GOOD THING FOR THIS NEIGHBORHOOD.
UM, AND I GUESS IT'S INEVITABLE, BUT I DON'T FEEL VERY CONFIDENT, PARTICULARLY, UM, IN A DEVELOPER THAT IS GOING TO BE MAINTAINING RENTALS IF THIS IS THEIR STANDARD, UH, FOR CODE COMPLIANCE BECAUSE IT'S A MESS AND A NIGHTMARE AND A SAFETY HAZARD.
OUR NEXT SPEAKER IS ELIZABETH
ELIZABETH WILL BE JOINING US VIRTUALLY.
ELIZABETH, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
HI AGAIN, COMMITTEE AND THANK YOU FOR THE TIME.
MY NAME IS ELIZABETH IN AND I AM A RESIDENT OF ABBA CIRCLE.
I'M HERE RESPECTFULLY TO REQUEST THAT THE COMMITTEE DENY THE REZONING OF THIS LAND SINCE NOT ONLY, AS MY NEIGHBORS HAVE POINTED OUT, WE HAVE ZERO CONFIDENCE IN THIS PARTICULAR DEVELOPER TO RUN A COMPLIANT AND POSITIVE, UM, RENTAL, UH, UNIT ON THIS PROPERTY, UM, OR EVEN BUILD UNIT, UM, THAT ARE GOING TO IMPROVE OUR NEIGHBORHOOD.
I'M REALLY GONNA FOCUS THOUGH, UH, ON WHY THIS REZONING DOESN'T MEET THE MAJORITY OF THE GUIDELINES OUTLINED IN THE GUIDE TO ZONING PUBLISHED BY THE CITY OF AUSTIN PLANNING, UH, AND ZONING DEPARTMENT SPECIFICALLY.
THERE ARE SEVEN OF THE 12 GUIDING PRINCIPLES THAT STAND OUT TO ME IN THIS CASE.
[01:45:01]
THIS IS NOT CONSISTENT WITH THE FLU.AS YOU'VE HEARD, THIS PROPERTY SITS BETWEEN THE MAIN ARTERY ROADS OF OAK SPRINGS, UH, AND AIRPORT, EXCUSE ME, IT'S AIRPORT AND SPRINGDALE.
EVERYTHING SURROUNDING IT IS A SMALL SINGLE FAMILY HOME LOT.
THUS PRINCIPLE TWO, UH, THIS WOULD SIGNIFY SPOT ZONING.
IF THIS WERE TO PASS PRINCIPLE SIX, UM, THIS ZONING NOT TO BE COMPATIBLE, CURRENT OR ADJACENT IN CONCLUSION.
UM, THAT'S DISAPPOINTING AS THERE IS NO COMMUNICATION PEOPLE TO WHEN THEY SIGN UP IS HOW MUCH TIME.
SO I ECHO THE ORIGINAL, UM, COMMISSIONER COX'S COMMENTS OF TRYING TO GET THOSE ON THE WEBSITE.
UM, I STAND WITH MY NEIGHBORS.
WE ARE COMPLETELY AGAINST THIS REZONING.
I APPRECIATE ALL THE WORK STAFF HAS DONE.
UH, BUT THIS REZONING REQUEST WITH THIS DEVELOPER WILL NOT IMPROVE.
WHO'S OUR NEXT SPEAKER? OUR NEXT SPEAKER IS COREY BENSON.
COREY HAS RECEIVED THREE MINUTES OF DONATED TIME FROM ROBERT BENSON, JESSE GARCIA, AND ME ZAPATA.
ARE EACH OF Y'ALL PRESENT? COREY, YOU'LL HAVE FOUR MINUTES.
I'M, HI, MY NAME'S COREY BENSON.
I RESIDE AT 1 1 4 4 GUNTER STREET IS DIRECTLY ACROSS FROM THE PROPOSED DEVELOPMENT.
AND I'M HERE ALONG WITH MY NEIGHBORS TO EXPRESS THE OPPOSITION TO THE REZONING REQUEST.
UM, YOU'VE HEARD A LOT ABOUT THE TRAFFIC.
I AGREE FULLY WITH MY NEIGHBORS THAT THE TRAFFIC IS A BIG PROBLEM.
IF YOU'VE BEEN ON OUR STREET, IT'S A VERY SMALL STREET AND THE WHAT THEY'RE PROPOSING FOR UNITS IS QUITE LARGE.
AND WE'RE CONCERNED THAT THE INCREASE OF TRAFFIC ON OAK SPRINGS SEEMS TO BE VERY OVERLOOKED.
UM, TO LEAVE OUR NEIGHBORHOOD TO GO ONTO AIRPORT, WE DO HAVE TO GO DOWN TO OAK SPRINGS.
I'M A TEACHER IN BUTTA AND EVERY MORNING I HAVE TO GO THAT WAY.
AND THERE'S MANY TIMES THAT HAS BACKED UP PAST OUR ROAD TO GO TO AIRPORT.
SO, UM, NOT A LOT, NOT A LOT OF ROOM.
ALSO A NOT A LOT OF ROOM WITH TWO CARS PARKED ON THE SIDE OF THE STREET.
ONLY ONE CAR CAN MAKE IT A TIME.
SO WITH THE INCREASE OF HOW MANY CARS ARE GONNA BE IN THAT DEVELOPMENT, ALSO WITH PROBABLY NOT ENOUGH PARKING SPACES OR PEOPLE COMING TO VISIT THEM, THEY'RE GONNA BE PARKING ON OUR STREETS AND WE'RE GONNA HAVE A HARD TIME LEAVING.
ONE THING THAT HAS NOT BEEN ADDRESSED IS OUR WATER ISSUE.
YOU SAW IN THE FIRST PICTURES, OUR SIDEWALKS ARE A MESS.
'CAUSE WE HAVE MANY, MANY WATER MAIN BREAKS GOING THROUGH.
WE HAD ONE LAST MONTH WHERE WE HAD NO WATER OVERNIGHT.
COULD NOT TAKE A SHOWER BEFORE I WENT TO SCHOOL.
AND WE ARE NOT GETTING ANY, UH, NOTICE WHEN THE WATER DOES GET SHUT DOWN.
SO WATER, AUSTIN WATER HAS NO CONCERNS.
THEY SAY THERE'S NO, WHEN WE LOOKED AT THE WHOLE PROPOSAL, THERE WAS NO CONCERNS.
BUT I THINK NEEDS TO BE REVIEWED AS OUR WATER INFRASTRUCTURE IS GREAT.
SO WE DO SUPPORT DEVELOPMENT IN THIS PROPERTY, JUST KIND OF LIKE LOOK AT THE SIZE OF WHAT THEY'RE TRYING TO DO, PRIORITIZE WHAT WE NEED FOR OUR NEIGHBORHOOD.
UM, THE DEVELOPERS HAVE NOT ENGAGED WITH US, BUT OUR NEEDS OF IT OR CONCESSIONS THAT SUPPORT.
SO I URGE YOU KIND OF LOOK, CHECK OUT THE TRAFFIC, CHECK OUT OUR WATER ISSUES, SEE IF THIS IS A GOOD FIT FOR US.
UH, CHAIR, I'D LIKE TO RAISE A A POINT OF PRIVILEGE AND JUST REMIND EVERYONE IN THE ROOM TO, TO PLEASE TREAT OUR CITY STAFF MEMBERS WITH RESPECT AND TO OBSERVE DECORUM IN THE CHAMBERS.
UH, THEY ARE DOING THEIR BEST TO WORK HARD, RUN AN ORDERLY MEETING.
I KNOW OUR RULES ARE CONFUSING AND NOT ALWAYS THE EASIEST TO FOLLOW.
UM, BUT OUR CITY STAFF BY NO MEANS DESERVE, UH, ANY HARDSHIP, DISRESPECT, OR CRUELTY FROM ANYONE, BOARD MEMBERS, MEMBERS OF THE PUBLIC, APPLICANTS, ANYONE IN THE ROOM.
UH, SO PLEASE KEEP THAT IN MIND IN YOUR INTERACTIONS WITH THEM.
THANK YOU, COMMISSIONER JOHNSON.
OUR NEXT SPEAKER IS CANDACE DERON BONE.
CANDACE WILL BE JOINING US VIRTUALLY.
CANDACE, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR REMARKS.
HI, MY NAME IS CANDACE DPR BAIN.
UM, THANKS FOR LETTING ME SPEAK.
I WOULD LOVE TO SEE, UM, WE, WE, WELL, I JUST WANNA FIRST ACKNOWLEDGE THAT M MS THREE MAY NOT BE THE DENSITY THAT AUSTIN WANTS TO SEE.
I AM MORE THAN HAPPY TO SEE MF FOUR A, I'M SORRY, UM, SINGLE FAMILY FOUR, A SINGLE FAMILY, FOUR B SINGLE FAMILY, FIVE SINGLE FAMILY SIX, UH, IN THAT LAND DEVELOPED TWO STORY FOR SALE.
[01:50:01]
TO ANY OF THOSE AS I BELIEVE SOME, YOU KNOW, SOME OF MY NEIGHBORS ARE.UH, I WANTED TO JUST STATE THAT FOR THE RECORD BECAUSE YOU'VE HEARD A LOT TONIGHT OF WE VEHEMENTLY OPPOSE THIS REZONING.
WE DO, UH, WE, I I STAND IN, UH, UNITY WITH MY NEIGHBORS.
WE ABSOLUTELY OPPOSE THIS REZONING.
WE DO NOT OPPOSE ALL REZONING.
IT IS POSSIBLE TO MAKE A PLAN FOR THAT LOT THAT IS IN LINE WITH OUR NEIGHBORHOOD.
GOES UP TO TWO STORIES IS FOR SALE.
WE ARE SURROUNDED BY RENTALS FROM SECTION EIGHT UP TO LUXURY.
MISS CANDACE, WHAT IS NOT AVAILABLE IN AUSTIN IS, UM, HOMES THAT, OR TOWN HOMES THAT CAN BE AFFORDED IN OUR PART OF TOWN.
UH, I WOULD LOVE TO SEE ANY OF THAT BE BUILT FOR SALE.
AND THAT CONCLUDES MY COMMENTS.
OUR NEXT SPEAKER IS MATTHEW WONG.
MATTHEW, YOU'LL HAVE ONE MINUTE.
OUR NEXT SPEAKER IS SARAH EPISCOPAL.
SARAH, YOU WILL HAVE ONE MINUTE.
GOTTA GIVE, UM, CAN WE MOVE ON TO OUR NEXT SPEAKER WHILE WE GET MR. WONG ON MR. WONG REGISTERED AS IN PERSON.
SO WHEN THAT HAPPENS, THEY DO NOT RECEIVE THE INFORMATION AND WE ARE NOT PREPARED TO HAVE THEM SPEAK VIRTUALLY.
UM, IF THERE'S A NUMBER, YOU'RE SICK WITH COVID.
SO I UNDERSTAND THESE ARE JUST OUR PROCESSES.
UM, WHO NEEDS A NUMBER? I YOU SEE HIM HERE.
UH, MS. GARCIA, JUST TO CONFIRM, UH, MS. BARBO WOULD BE NEXT.
AND SHE HAS ONE MINUTE AS WELL, CORRECT.
MS. BARBO, CAN WE ASK YOU TO STEP UP? THANK YOU WHILE WE FIGURE OUT THE NUMBER.
UH, NADIA BARBO, UH, UM, CHAIR OF ONE OF THE CO-CHAIRS, EXCUSE ME, OF THE EAST MLK CONTACT TEAM.
UM, I, I FEEL LIKE IT'S REMARKABLE.
THE NEIGHBORS ARE, UM, ORGANIZED AGAIN, UM, AND COMMEND THEM FOR THAT.
UM, I THINK THE JUMPING THIS MANY ZONING CATEGORIES IS, UM, OF NOTE.
AND IF THEY'RE COMFORTABLE WITH INCREASED ZONING THAT'S LESS THAN THIS AMOUNT, THAT'S A HAPPY MEDIUM THAT ALLOWS FOR THE SAME DENSITY SO WE GET MORE HOUSING IN AUSTIN.
I, I WOULD LIKE THAT TO BE CONSIDERED.
UM, AND UM, I WOULD LOVE TO TALK ABOUT HOW TO MAKE THIS PROCESS EASIER FOR OUR NEIGHBORS, UM, LIKE A 15 MINUTE WINDOW BEFORE THIS MEETING STARTS, WHERE WE GET TO EDUCATE ALL THESE BRAND NEW PEOPLE TO THIS PROCESS BECAUSE WE'RE TRYING TO HELP THEM LEARN AND IT IS VERY CHALLENGING.
SO ANYWAYS, THAT'S JUST AN IDEA.
UM, YEAH, THANK YOU FOR, UH, HEARING US OUT.
WE'RE GONNA GIVE MATTHEW A MOMENT TO REGISTER ON OTHERWISE THOSE COM THAT COMPLETES OUR SPEAKERS AT THE MOMENT IS OKAY.
IT LOOKS LIKE HE HAS JOINED US.
SO MATTHEW, YOU WILL HAVE ONE MINUTE.
MATTHEW, PLEASE PRESS SIX AND PROCEED WITH YOUR REMARKS.
SORRY ABOUT THAT, UH, COMMISSION.
UH, CAN YOU HEAR ME? WE CAN, YES, PLEASE GO AHEAD.
I'M A RESIDENT OF 1 1 3 9 AND THREE FOUR S GUNTER UNIT B.
UH, I'VE LIVED THERE FOR ALMOST A DECADE NOW AND I WANT TO ECHO WHAT, UM, ALL MY NEIGHBORS HAVE ALREADY SAID.
I'D LIKE TO ADD THAT OUR NEIGHBORHOOD IS NOT UNFAMILIAR WITH BAD FAITH DEVELOPERS.
YOU DO NOT COMMUNICATE HONESTLY OR NEGOTIATE HONESTLY WITH THE COMMUNITY.
ONLY A LITTLE OVER TWO YEARS AGO WE HAD TO FIGHT OFF ANOTHER OUTOF SEAT DEVELOPER WHO WANTED TO DEVELOP 1 1 3 8 AND A HALF AND 1 1 4 0 GUNTER AND PROCEEDED WITH A CLEAR LACK OF GOOD FAITH, UH, WITH THE COMMUNITY BEFORE THEY ABANDONED THEIR PLANS BECAUSE THEY COULD NOT RESPOND TO THE RESIDENTS AND THE COMMISSION'S REQUESTS AND CONCERNS AROUND INCREASED TRAFFIC ISSUES ON THAT PIECE OF PROPERTY WITH NO EGRESS FROM AIRPORT BOULEVARD.
UM, A QUICK NOTE WITH REGARD TO TRAFFIC.
AS EVERYBODY'S ALREADY MENTIONED ON, UM, WHO'S SPOKEN PREVIOUSLY, NOTHING HAS CHANGED WITH RESPECT TO NEIGHBORHOOD'S CONCERNS.
UM, THEY EXISTED TWO YEARS AGO AND A PROJECT WAS KIND OF SHUT DOWN BECAUSE OF THAT REASON.
UM, AND THERE'S STILL ACCIDENT RIGHT NOW.
[01:55:01]
UH, DEVELOPER'S HAND WAVING OUR CONCERNS AWAY, I FRANKLY DON'T UNDERSTAND HOW THEY CAN JUDGE WHETHER OR NOT THERE IS ACTUALLY AN ISSUE OF TRAFFIC WITHOUT ACTUALLY GOING THERE AND LIVING THERE.MR. WA FIND THAT A LITTLE BIT DISINGENUOUS.
AND SO JUST TO CONCLUDE, MY FOR THE PLANNING COMMISSION IS THAT IT CONSIDERS WHAT IT WANTS AUSTIN TO BECOME.
PROPOSALS LIKE THIS WILL CREATE A CITY FILLED WITH FORMERLY RESIDENTIAL NEIGHBORHOODS DOMINATED BY SHORT TERM RENTALS FOR BACHELOR AND BACHELORETTE PARTIES ON WEEKENDS, MARKET RATE RENTALS, NON-LOCAL LANDOWNERS, AND CONTINUE MR. ACCOUNTABILITY THAT ADDRESSES NONE OF THE CITY'S CURRENT AILS BEYOND ARBITRARY DENSITY GOALS.
SO I ASK THAT YOU TURN UP THIS, TURN DOWN THIS, UH, UP ZONING REQUEST TO MAINTAIN THE NEIGHBORHOOD AS A SINGLE FAMILY NEIGHBORHOOD.
THANK YOU SO MUCH FOR ALL OF YOUR HARD WORK.
THAT CONCLUDES THE SPEAKERS ON THIS ITEM.
I'D LIKE TO GIVE THE APPLICANT REBUTTAL.
COMMISSIONERS AL MEAD HERE WITH HUSCH BLACKWELL ON BEHALF OF THE APPLICANT.
UM, I KNOW IT'S BEEN A LONG EVENING, SO I'M GONNA JUST KEEP IT BRIEF JUST TO SAY THAT THERE WAS A, A LOT OF COMMENTS THAT THERE WASN'T ANY COMMUNICATION OR OUTREACH.
AND I WANNA SAY IN THIS PARTICULAR CASE, OUR CLIENT WAS PRETTY INSISTENT THAT WE GO ABOVE AND BEYOND WITH OUTREACH.
WE WENT DOOR TO DOOR WHEN WE HEARD THERE WERE NOTICE ISSUES TO DELIVER FLYERS, TO INVITE ANY AND EVERYBODY WHO WANTED TO COME TO A COMMUNITY MEETING, WHICH WE HAD FOR I THINK TWO AND A HALF HOURS.
WE HAVE HAD, UH, VIRTUAL MEETINGS WITH THE THIS NEIGHBORHOOD GROUP AND WITH THE CONTACT TEAM.
SO THERE'S BEEN A LOT OF DISCUSSION AND UM, OUR CLIENT, THE DEVELOPER PROPERTY OWNER FEELS AS IF THEY REALLY ARE TRYING TO BE RESPONSIVE TO THE CONCERNS OF THE COMMUNITY.
AND JUST BECAUSE THEY AREN'T AGREEING TO LEAVE THE PROPERTY ASSETS SIX AND MAKE IT OWNER OCCUPIED ONLY, UM, DOESN'T MEAN THAT THEY AREN'T HEARING THOSE CONCERNS.
THEY REALLY DID, UM, PUT A LOT OF THOUGHT INTO TRYING TO ADDRESS THE COMMUNITY CONCERNS.
UM, AND I'M JUST HERE TO ANSWER ANY QUESTIONS THAT YOU ALL MAY HAVE.
UM, COMMISSIONERS, THAT'S ALL OF OUR SPEAKERS, SO I'M LOOKING FOR A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING.
VICE CHAIR SECONDED BY COMMISSIONER MAXWELL, UNLESS THERE'S OPPOSITION.
UM, CHAIR, CAN I ASK FOR A FIVE MINUTE RECESS PLEASE? YES.
WE'LL SEE YOU BACK HERE AT 8 0 5.
UM, WE'RE GOING TO GO INTO OUR Q AND A, SO IF YOU HAVE A QUESTION, JUST REMEMBER TO STATE WHO YOUR QUESTION IS FOR COMMISSIONERS WITH QUESTIONS.
I GUESS, UM, MY QUESTION IS FOR THE APPLICANT AND UM, YOU KNOW, I'M STILL LEARNING ABOUT HOME AND WHAT, WHAT QUALIFIES AND, UM, HOW MANY UNITS CAN BE ON A LOT SIZE AND IT SEEMS TO ME THAT YOU COULD STILL GET A SIGNIFICANT NUMBER OF UNITS, UM, EITHER KEEPING IT SF THREE OR GO KEEPING IT SINGLE FAMILY.
AND I WAS JUST WONDERING IF YOU COULD EXPLAIN, UM, THE RATIONALE BEHIND, YOU KNOW, IF YOU'RE STILL ABLE TO FIT THE NUMBER OF UNITS THAT YOU NEED, UM, WHY GO TO MULTIFAMILY? SURE.
UM, ELLE MEAD WITH HESS BACKWELL ON BEHALF OF THE APPLICANT, UM, COMMISSIONER, IT'S, IT'S NOT ACCURATE THAT WE CAN GET THE SAME DENSITY UNDER SF, EVEN SF SIX, UM, OR SF FOUR A OR SF THREE.
SO UDE IS OUR, UM, DOING OUR SITE PLANNING AND THEY SCRUBBED THAT BECAUSE WE HAD HAD THAT QUESTION FROM NEIGHBORS.
AND THE, THE BEST WE CAN DO UNDER DENSITY UNDER ONE OF THE SF CATEGORIES WOULD BE SF SIX AND IT WOULD TAKE US DOWN TO ABOUT 30 UNITS.
THAT WAS REALLY MY MAIN QUESTION.
I WAS JUST LOOKING AT THE DIFFERENT SETBACKS, ET CETERA, UM, AND I KNOW THAT WAS SOMETHING THE NEIGHBORHOOD'S WORRIED ABOUT.
UM, OTHER QUESTIONS? VICE CHAIR.
UM, MS. MI, IF I CAN HAVE YOU, UM, ON, CAN YOU YES, YES.
UM, IN THE SITE PLAN OR SORT OF WHAT'S ENVISIONED FOR THE PARCEL THAT'S BEING DOWN ZONE ON, UH, FROM THE ORIGINAL PROPOSAL ON THE CUL-DE-SAC, CAN YOU TALK ABOUT SORT OF WHAT IS EXPECTED TO BE THERE AS PART OF THE PLAN? SURE.
SO IF YOU COULD BRING UP THE APPLICANT PRESENTATION AGAIN.
UM, SO THAT SITE WAS NOT IN THE ORIGINAL SITE PLAN AND OUR PROPOSAL WAS, LET ME TALK ABOUT SITE PLAN JUST VERY BRIEFLY.
'CAUSE I KEEP TALKING ABOUT THE SITE PLAN AND I HEARD ONE OF THE NEIGHBORS
[02:00:01]
SAY WE FILED IT BEFORE WE NOTIFIED ANYBODY.THE OWNER FILED THAT SITE PLAN BECAUSE, UH, THEY, THEY TRULY DID THINK THE SITE WAS ZONED MF THREE ALREADY THERE WAS A PROBLEM WITH THE PROFILE TOOL.
UM, AND SO THAT'S WHY WE'RE SO FAR ALONG IN THE SITE PLAN PROCESS, THAT LITTLE PIECE THAT WE ARE SAYING WE CAN DO AS SF SIX.
THE ORIGINAL PLAN WAS TO GET THE SITE PLAN APPROVED, START THE DEVELOPMENT, CORRECT THE SITE PLAN OR REVISE IT TO ADD THAT PIECE IN.
AND THEN WE STARTED TALKING ABOUT JUST MAKING THAT A TOTALLY SEPARATE SITE.
SO WHAT WE WOULD PROBABLY DO THERE WOULD BE FIVE, FOUR OR FIVE TOWN HOMES ON THAT, ON THAT LITTLE PIECE AGAINST A BTE CIRCLE.
AND THAT WOULD WORK UNDER SF SIX.
SO WE, WE CAN, WE CAN ACCOMMODATE THAT.
THE, THE OWNERS ARE NOT, SINCE IT'S NOT INCLUDED IN THE SITE PLAN AND THE TRUE URGENCY IS TO FINISH THE SITE PLAN BEFORE IT EXPIRES, WE WERE OKAY WITH REDUCING THAT DOWN TO SF SIX.
BUT YES, IT WOULD BE PROBABLY FOUR TO FIVE TOWN HOMES.
AND I'M GONNA ASSUME THERE'S SORT OF RESIDENTIAL SCALE HOW WE SEE TOWN HOMES IN OUR COMMUNITY.
THEY HAVE EVEN TALKED ABOUT PUTTING MAYBE ONE DUPLEX ON THAT SITE.
SO WE WOULD DO SOMETHING THAT WAS SORT OF A NEIGHBORHOOD, A SCALE SIMILAR TO THE SURROUNDING NEIGHBORHOOD ON THAT PIECE.
GOT SO THAT, THAT HELPS BECAUSE I WAS TRYING TO UNDERSTAND, IT SOUNDS LIKE THERE'D BE A NEIGHBORHOOD SCALE, WHATEVER THEY MIGHT BE BY THE NEIGHBORHOOD SCALE FACING THE CUL-DE-SAC.
AND I KNOW IT'S NOT A PURE CULDESAC EXACTLY.
CAN YOU ALSO SPEAK TO THE INGRESS EGRESS ON THE STREET ON THAT SIDE INTO THE CUL-DE-SAC CUL? SURE.
SO, UH, THE CIVIL'S ORIGINAL PROPOSAL WAS TO, AND WE TALKED WITH THE NEIGHBORS ABOUT THIS, WAS TO MAKE THAT INGRESS EGRESS, UM, EMERGENCY ACCESS ONLY.
WE HAVE ACTUALLY GOTTEN SOME PUSHBACK ON THAT FROM THE STAFF.
UH, 'CAUSE THAT IS A PUBLIC STREET.
I MEAN, IT'S NOT LIKE WE'RE CREATING THAT RIGHT OF WAY THAT'S AN EXISTING PUBLIC STREET.
AND OBVIOUSLY I THINK THE CITY'S PREFERENCE IS ALWAYS CONNECTIVITY VERSUS NOT.
AND SO, UM, I THINK WHERE WE ARE IS WE WOULD BE WILLING TO MAKE IT EMERGENCY ACCESS ONLY, BUT WE ALSO REMOVED THAT FROM WHAT WE WERE PUTTING ON THE TABLE BECAUSE WE UNDERSTOOD THAT MAYBE NOT EVERYBODY THOUGHT THAT LACK OF CONNECTIVITY WAS A GOOD THING.
THAT RIGHT OF WAY IS ALREADY ALL THERE AND IS A PUBLIC STREET.
I THINK THAT'S GOODNESS OF ARTIST CIRCLE COMES AND THEN THE WHOLE PIECE THAT COMES ON TO YOUR SITE ACTUALLY IS A REGULAR CITY STREET WITH THE PUBLIC RIDE.
IT'S NOT A PRIVATE DRIVE, IT'S, IT'S A CITY PUBLIC CITY STREET.
UM, AND THEN CAN YOU ALSO SPEAK A LITTLE BIT TO THE TIA AND THE CONVERSATIONS WITH THE TRANSPORTATION DEPARTMENT? I KNOW THERE WAS SOME QUESTIONS ON THAT AND SUCH.
JUST WHAT'S THE EXPECTATION IS AND WHAT KIND OF IMPROVEMENTS THERE MIGHT BE ON GUNTER.
OTHERWISE I DON'T KNOW HOW FAR THE CONVERSATION GOT WITH TRANSPORTATION.
UM, SO AS I SAID, WE ORIGINALLY, AS YOU GUYS KNOW, YOU'VE GOTTA FILE YOUR TRAFFIC WORKSHEET REQUEST DETERMINATION SHEET BEFORE YOU FILE YOUR APPLICATION.
WE FILED THAT PROPOSING 149 UNITS.
UM, WE, WE ACTUALLY WENT BACK AND FORTH WITH THE STAFF A LOT.
THEY DID A NEIGHBORHOOD TRAFFIC ANALYSIS.
SORRY MS. PETE, I'M GONNA HAVE TO HAVE SOMEBODY ELSE PICK UP THAT QUESTION.
IF YOU'D LIKE TO FINISH YOUR ANSWER TO THAT QUESTION.
UM, SO THEY DID A NEIGHBORHOOD TRAFFIC ANALYSIS.
OBVIOUSLY THEY, UM, AND WE WENT BACK AND FORTH WITH THEM.
WE HAD TO DO A NUMBER OF DIFFERENT TRAFFIC COUNTS BECAUSE WE WERE LIKE RIGHT ON THE VERGE OF SCHOOL BEING OUT.
AND SO WE HAD TO REDO THEM AND VARIOUS DIFFERENT THINGS.
WHAT THEY CAME BACK WITH WAS THAT, UM, GUNTER FUNCTIONED WELL TODAY WAS SATISFACTORY AND WOULD CONTINUE TO BE SO EVEN IF WE ADDED 149 UNITS.
AND AS YOU ALL KNOW, THEY TAKE INTO CONSIDERATION EVERYTHING THEY KNOW ABOUT IN THE AREA.
I THINK SOMEBODY MENTIONED THERE'S A THOUSAND UNIT PROJECT COMING IN, IN THE AREA.
UM, THE ONLY IMPROVEMENT THAT WE ARE BEING ASKED TO DO IS TO ACTUALLY DEDICATE A SLIVER OF OUR PROPERTY EIGHT FEET ALONG GUNTER, UM, FOURTH SIDEWALK SO THAT THE SIDEWALK DOESN'T HAVE TO GO INTO THE PUBLIC RIGHT OF WAY AND NARROW THE, THE VEHICLE TRAVEL LANE.
SO THAT WAS WHAT WAS REQUESTED AND WE'VE OBVIOUSLY AGREED TO DO THAT.
SO THE SIDEWALK THAT WE'LL CONSTRUCT WILL BE ON OUR PROPERTY VIA A SIDEWALK EASEMENT.
AND THAT KIND OF GOES INTO ONE OF MY QUESTIONS, WHICH WAS HEARING ABOUT A LACK OF SIDEWALK CONNECTIVITY AND KIND OF SOME CONCERNS ABOUT WALKABILITY IN THIS AREA AND ALSO DRAINAGE ISSUES FROM CURRENT RESIDENTS.
CAN YOU SPEAK TO WHETHER, IT SOUNDS LIKE THERE WILL BE SIDEWALK IMPROVEMENTS, WOULD THERE BE ANY OTHER INFRASTRUCTURE IMPROVEMENTS ASSOCIATED WITH THE PROPOSED DEVELOPMENT? WE ARE HAVING TO MAKE SOME DRAINAGE IMPROVEMENTS.
UM, WE WILL HAVE TO HAVE A, UM, WATER QUALITY INTENTION AND DETENTION POND ON THE SITE.
[02:05:01]
ACTUALLY BROUGHT UP TO US IN ONE OF THE EARLY MEETINGS THAT THERE WAS AN ISSUE WITH SOME OF THE WATER INFRASTRUCTURE IN THE AREA.AND OUR ENGINEER'S RESPONSE WAS THAT WE'RE ACTUALLY CORRECTING THAT AS A PART OF OUR, OF OUR PROJECT.
UM, YOU ALSO ASKED ABOUT SIDEWALKS.
I DID, BUT I, I THINK YOU ADDRESSED THAT A LITTLE BIT IN YOUR ANSWER TO, UM, COMMISSIONER Z'S QUESTION AND THEN I'M HOPING YOU CAN ADDRESS SOME OF THE SITE SECURITY AND CODE ENFORCEMENT ISSUES THAT WE HEARD A LITTLE BIT FROM THE NEIGHBOR ON.
UM, AND I HOPE THAT IT WASN'T LOST ON YOU GUYS AND YOU HEARD ONE OF THE, THE NEIGHBOR WHO SPOKE ABOUT THE CODE COMPLIANCE ISSUES, SAY THAT WE GOT NOTIFIED ABOUT CODE COMPLIANCE ISSUES ON LIKE AUGUST 6TH.
AND BY AUGUST 15TH, WE HAD BROUGHT EVERYTHING INTO COMPLIANCE.
I MEAN, THE OWNER ACTED, AS SOON AS I BROUGHT THOSE ISSUES UP TO HIM, WE WERE CONTACTED BY, I, I THINK SEVERAL CALLS HAD BEEN MADE INTO CODE COMPLIANCE.
SO WE WERE CONTACTED BY A SUPERVISOR.
UM, THE ISSUES WERE REALLY NOT, UH, THAT CRITICAL.
IT WAS THAT THERE WAS A HOLE IN ONE OF THE ROOFS ON ONE OF THE ABANDONED HOMES, AND THAT WE NEEDED TO BOARD UP WINDOWS AND DOORS TO ENSURE THAT PEOPLE COULDN'T GO INTO THE STRUCTURES AND POTENTIALLY GET HURT.
UM, AND THEN THERE WAS TALL GRASS.
AND SO WE HAVE GOTTEN THE PROPERTY ON A REGULAR SCHEDULE.
I DRIVE BY, UM, O OFTEN TO MAKE SURE IT'S ACTUALLY HAPPENING.
OUR OWNER IS DRIVING BY OFTEN TO MAKE SURE IT'S ACTUALLY HAPPENING, THAT THE LAWN, THE GRASSES ON ALL THE PROPERTIES ARE BEING CUT SO THERE AREN'T WEEDS.
UM, AND EVERYTHING IS BOARDED UP.
SO NOBODY CAN ACCESS ANY OF THOSE STRUCTURES AND, AND GO INSIDE.
AND THAT'S WHAT CODE COMPLIANCE WANTED US TO DO.
AND IT SOUNDS LIKE SHE WAS FILING COMPLAINTS FOR QUITE SOME TIME, BUT Y'ALL DID NOT RECEIVE A VIOLATION NOTICE UNTIL AUGUST 6TH.
IS THAT CORRECT? YEAH, AND I, THE ONLY OTHER COMPLAINT THAT PREDATED AUGUST 6TH WAS A COMPLAINT LIKE IN THE SPRING FOR TALLGRASS.
INTERESTINGLY, WE DIDN'T GET THAT NOTICE ABOUT THE TALLGRASS, BUT WE CONFIRMED WITH CODE COMPLIANCE THAT THAT WAS THE ONLY COMPLAINT THAT THEY ISSUED OR NOTICE OF VIOLATION, RATHER, I SHOULDN'T SAY COMPLAINT.
THAT WAS THE ONLY NOTICE OF VIOLATION THEY ISSUED WAS FOR THE TALL GRASS AND THAT THE GRASS ACTUALLY DID GET CUT EVEN THOUGH WE HADN'T GOTTEN THE VIOLATION NOTICE.
SO I THINK MANY COMPLAINTS WERE CALLED IN, BUT THE ONLY NOTICE OF VIOLATION ON FILE WITH THE CITY UNTIL THESE RECENT ONES, THIS SUMMER WHEN WE STARTED WORKING WITH THE NEIGHBORS ON THE ZONING, THE ONLY ONE THAT WAS ACTUALLY ON FILE WITH THE CITY WAS FOR THE TALL GRASS.
AND WE ADDRESSED IT AND, AND WE DID A, WHEN WE ORIGINALLY CONTACT THE CI, THE CITY, THE NEIGHBOR WAS CONTACTING ME TO SAY, YOU'VE GOT ALL THESE ISSUES.
YOU'VE GOT CODE COMPLIANCE, THESE THINGS ARE HAPPENING.
SO I IMMEDIATELY REACHED OUT TO CODE COMPLIANCE AND THEY SAID, THERE'S NOTHING ON FILE FOR THIS PROPERTY.
ABOUT A WEEK LATER OR SO, I THINK THEY GOT A FOLLOW UP CALL FROM THE NEIGHBOR WHO SAID, NO, THERE WAS THIS COMPLAINT IN THE SPRING.
THEY SENT IT TO US, BUT IT HAD ALREADY BEEN ADDRESSED.
AND IT WAS, THAT WAS THE ONE FOR TALL GRASS.
I SEEM I'M ABOUT TO RUN OUT OF TIME.
OTHER QUESTIONS, MR. JOHNSON? YEAH.
UM, CAN YOU ADDRESS BRIEFLY THE REASONING BEHIND THE 50 UNIT CAP? WAS THIS RELATED TO THE, THE SITE PLAN THAT HAD ALREADY BEEN FILED? WHAT, WHAT RATIONALE WAS THERE FOR THAT? UM, SO THE JONATHAN TOMKO WITH THE CITY OF AUSTIN'S PLANNING DEPARTMENT, UM, WE WERE LOOKING AT THE MINIMUM SITE AREA REQUIREMENTS OF THE CODE SECTION MM-HMM
AND BECAUSE OF THE, THE SIZE OF THE, THE PARCEL, UM, THERE WOULD BE SUBSTANTIALLY MORE UNITS ALLOWED THAN WHAT WAS CURRENTLY BEING PROPOSED UNDER THE SITE PLAN.
AND LOOKING AT, UH, DWELLING UNITS PER ACRE AND SOME OF THE SURROUNDING, UM, AREA AND WHAT HAD BEEN PERMITTED STAFF DIDN'T WANT TO EXCEED, UM, THAT 50 UNIT CAP ON A-A-S-M-P LEVEL ONE ROADWAY, UM, JUST BECAUSE OF SOME OF THE NEIGHBORHOOD'S CONCERNS.
AND THAT COMES OUT TO ABOUT 18 UNITS PER ACRE, IS THAT RIGHT? YEAH.
UH, APPROXIMATELY 18 UNITS PER ACRE WHERE WE SETTLED ON, IN TERMS OF EVALUATING SOME OF THE SURROUNDING DENSITIES.
I MEAN, ON SOME OF THE MAJOR ROADWAYS WE'VE SEEN REZONINGS WITH, UH, DWELLING UNITS UP TO A HUNDRED UNITS PER ACRE.
UM, SO THAT WOULD CERTAINLY NOT BE APPROPRIATE IN THIS LOCATION.
UM, AND AND SORRY TO CUT YOU OFF, I'M JUST MANAGING MY TIME.
WHAT IS THE MAXIMUM DENSITY SORT OF THEORETICALLY POSSIBLE WITH SF THREE? OBVIOUSLY THERE'S BEEN CHANGES WITH, WITH HOME.
IS THAT MORE OR LESS THAN 18 UNITS PER ACRE OR CLOSE TO? UM, IT, IT'S MORE.
UM, UH, WE DIDN'T CALCULATE THAT PER SE, UH, BUT WE DIDN'T FEEL COMFORTABLE WITH, UH, ANYTHING OVER 50 UNIT CAPS.
SO THAT'S WHAT WE'VE RECOMMENDED THAT.
[02:10:01]
OKAY.UM, AND I GUESS QUESTION FOR THE APPLICANT THEN, AND THANK YOU MR. TONKO.
UM, WHY DID YOU, OR WAS THERE ORIGINALLY A PLAN FOR 150 OR 149 UNIT DEVELOPMENT? SORT OF WHAT REASONING LED TO THE 40? WAS IT 47 OR 49 TOWN HOMES THAT ARE NOW PROPOSED FROM YOUR ORIGINAL TRANSPORTATION IMPACT ANALYSIS WORKSHEET WITH 149 UNITS? UH, COMMISSIONER AT THE TOP AL MEAD BLACKWELL ON BEHALF OF THE APPLICANT, UM, AT THE TIME THE OWNER REALIZED THEY HAD THIS DEBACLE WITH THE ZONING
AND AT THAT POINT, THEY PROPOSED TO DO, OR WERE PLANNING TO DO CIVIL, CIVIL MILITUDE HAD A PLAN TO DO 149 UNITS.
UM, AT SOME POINT THE BUSINESS DECISION WAS MADE THAT BECAUSE OF THE FRA FRAGILITY OF THE MARKET AND THE FACT THAT IF WE DID NOT MOVE FORWARD WITH THIS PROJECT, IT'S A, THERE WAS A BIG LIKELIHOOD THAT IT MAY NOT HAPPEN.
UM, THE OWNERS MADE THE DECISION TO MOVE FORWARD WITH THE EXISTING SITE PLAN.
THAT EXISTING SITE PLAN HAS LIKE 48 UNITS.
AND THAT WAS THE REASON WE WERE, WE DIDN'T LIKE IT.
WE DIDN'T LIKE REDUCING OR AGREEING TO REDUCE THE DENSITY OR RESTRICT THE DENSITY TO 50 BECAUSE I, YOU KNOW, THEY WERE THINKING ABOUT REZONING IN TERMS OF THE FUTURE USE OF THE PROPERTY MM-HMM
BUT IT REALLY BECAME A MATTER OF WHAT ACCOMMODATES US BEING ABLE TO MOVE FORWARD WITH THE SITE PLAN THAT'S ALREADY DONE SO WE CAN START BUILDING AND PROVIDING THESE UNITS.
AND SO YEAH, IT WAS, THERE WAS, OUR ORIGINAL APPROACH WAS THAT SITE PLAN HAS BECOME A MESS.
LET'S GET RID OF IT, START A NEW, AND REALLY BUILD AT THE DENSITY THAT THEY WANT.
UM, BUT AT SOME POINT WE MADE THE DECISION, NO, WE'RE THREE ROUNDS OF REVIEW THROUGH A SITE PLAN, WE NEED TO JUST FINISH IT.
AND JUST THINKING ABOUT, YOU KNOW, BALANCING SORT OF WHAT CITY STAFF FEELS ABOUT THE APPROPRIATE LEVEL OF DENSITY, WHAT PERHAPS NEIGHBORS FEEL, AND OBVIOUSLY THE SORT OF MOTIVATIONS OF YOUR CLIENT.
UM, YOU'RE AT 47, YOU'VE TALKED ABOUT MAYBE GOING TO ADD A FEW UNITS ON THE BODY CIRCLE, UH, SF SIX TRACK.
UM, OBVIOUSLY THE CONDITIONAL OVERLAY DOESN'T APPLY TO THAT SF SIX PROPERTY.
HAVE YOU LOOKED AT GETTING TWO 50 FROM 47 ON THE, ON THE MF THREE PARCEL? I MEAN, IS THAT SOMETHING THAT'S IN THE WORKS OR ARE YOU JUST STICKING WITH THE SITE PLAN AS IT WAS PREVIOUSLY FILED? NO, WE, WE DEFINITELY, IN FACT, WE ASKED THAT WE HAVE THAT BUFFER TO BE ABLE TO ADD A FEW UNITS.
UM, AND THAT IS FOR TWO REASONS.
ONE, OUR UNITS ARE LARGE UNITS MM-HMM
AND WE WANTED THE ABILITY TO POTENTIALLY ADD A ONE BEDROOM UNIT OR TWO.
UM, AND WE DEFINITELY WANTED THE ABILITY TO BE ABLE TO REVISE THAT SITE PLAN.
WE'VE GOTTA GET THROUGH IT OR IT'S GOING TO EXPIRE.
BUT TO BE ABLE TO REVISE THAT SITE PLAN TO ADD A FEW UNITS, BUT WE WOULDN'T ADD MORE THAN THAT 50 CAP.
WE'D LOVE TO, BUT WE CAN LIVE WITH IT.
OTHER QUESTIONS, COMMISSIONER PHILLIPS? YEAH.
AND, AND THANK YOU COMMISSIONER, BECAUSE SOME OF MY QUESTIONS WERE ANSWERED WITH, OR ARE YOU TALKING ABOUT 47, 48 OR 50, BUT NOW I KIND OF UNDERSTAND WHERE THAT IS.
AND I AM FAMILIAR WITH THIS AREA.
I GO TO BOGGY CREEK FARM QUITE A LOT, AND GUNTER IS OVER THERE IN THAT NEIGHBORHOOD.
AND THERE ARE A LOT OF BICYCLES.
UM, SO, AND I GUESS THIS IS THE, UH, QUESTION FOR THE CITY.
UM, SO WILL THERE BE AN ADDITIONAL, UM, UH, LOOK AT TRAFFIC AS THIS GOES FORWARD? OR HAS THAT, IS THAT ALREADY BEHIND EVERYONE? BECAUSE I KNOW THAT, UM, THAT, UH, MIKEL WAS TALKING ABOUT THE FACT THAT THE ONE TRAFFIC STUDY WAS DONE WHEN YOU WERE LOOKING AT, WHICH I THINK YOU SAID WHEN YOU WERE LOOKING AT 149 UNITS AND GUNTER WAS THOUGHT TO BE OKAY, BUT WE KNOW THINGS HAVE HAPPENED SINCE THAT TIME AND THEY ARE KIND OF NARROW STREETS AND A LOT OF, A LOT OF PEDESTRIANS, A LOT OF BICYCLES, A LOT OF CARS.
UM, S SO WHAT'S THE STATUS OF THAT? SO THE, UH, NEIGHBORHOOD TRA TRAFFIC ANALYSIS MEMO, UH, THAT WAS DONE IN AUGUST IS, UH, IN THE STAFF REPORT IS EXHIBIT E.
AND SO THAT FINDING OF THAT STAFF REPORT, UH, THAT, UH,
[02:15:01]
MEMO INDICATED THAT THE AVERAGE DAILY TRAFFIC COUNT WAS NOT EXCEEDING 1800 VEHICLES PER DAY.UM, I WAS NOTING ALSO IN THE STAFF REPORT THAT, UH, THE WIDTH OF THOSE RIGHT OF AWAYS WAS A LITTLE CURIOUS IN TERMS OF THE A S AND P REQUIRED RIGHT OF AWAYS 58 FEET ON, UH, SEVERAL OF THOSE ROADWAYS.
I THINK THAT'S WHERE TPW STAFF ASKED THE APPLICANT TO KIND OF MOVE THE SIDEWALK ONTO THEIR PROPERTY.
UM, THE OTHER THING I WILL NOTE IN THE NTA MEMO IS THAT THE, THE PROPERTY IS SUBJECT TO CONTRIBUTING THE SIF FUNDS THE STREET IMPACT FEE.
SO THAT WOULD HELP INCREASE ROADWAY CAPACITY PROJECTS WITHIN THAT IMMEDIATE AREA OR SECTOR.
I'M NOT SURE EXACTLY HOW MUCH THIS WOULD BE A TPW, UH, STAFF MEMBER WOULD NEED TO SPEAK TO THAT.
AND THEN THE OTHER THING I WOULD SAY IS ADDITIONAL TRAFFIC IS STUDIED AS A PART OF THE SITE PLAN.
SINCE THE SITE PLAN IS HAPPENING KIND OF CONCURRENTLY WITH THIS REZONING, I'D ASK THAT THE APPLICANT, YOU KNOW, LET US KNOW IF THERE'S ANYTHING THAT'S BEEN DONE AS A PART OF THAT PROCESS.
BUT, UM, MY EXPERTISE IS IN THE REZONING APPLICATION AND THAT PROCESS, NOT THE SITE PLANNING PROCESS.
THE OTHER QUESTION I HAVE IS FOR THE APPLICANT, UM, LET'S SEE, THE, THE NAME, THE, UM, SOME OF THE FOLKS WHO SPOKE, UH, TALKED ABOUT SHORT-TERM RENTALS AND THESE ARE GONNA BE ALL RENTAL PROPERTIES, RIGHT? AND NO OWNERSHIP PROPERTIES? CORRECT.
AND, UM, WHAT DID, WERE YOU ABLE TO ADDRESS THEIR CONCERNS ABOUT SHORT-TERM RENTALS? AND IF SO, WHAT, WHAT WAS THE, THE, WHAT DID YOU ADDRESS THOSE CONCERNS? WHAT DID YOU, UH, INTERPRET THEM TO BE AND HOW WERE THEY ADDRESSED? I, I CONFESS COMMISSIONER THAT TONIGHT WAS THE FIRST THAT I HEARD THAT.
I FEEL LIKE MAYBE SOMEBODY EMAILED IT.
CAN YOU PLEASE, CAN WE RESPECT EVERYONE HERE PLEASE? UM, I'M ASKING FOR RESPECT.
THAT'S DISRESPECT RIGHT THERE.
NO, IT'S, THAT'S NOT, WELL, I, I REALLY DON'T HAVE A REASON TO LIE ABOUT WHETHER I HEARD ABOUT SHORT TERM RENTALS OR NOT.
UM, IT'S NOT HELPFUL, SO I, WE REALLY HADN'T DISCUSSED IT.
UM, AND IT'S INTERESTING TOO BECAUSE WE'VE HAD DIALOGUE WITH THE NEIGHBORS AND I DON'T REMEMBER ANYBODY SAYING, WELL, WHAT ABOUT SHORT TERM RENTALS? WE ASK YOU ABOUT THAT.
UM, I REALLY, HONESTLY DON'T KNOW WHAT THE OWNERS WOULD THINK OF THAT.
IT IS DEFINITELY SOMETHING WE WOULD LOOK AT BETWEEN HEARING COUNSEL.
UM, IT'S JUST NOT SOMETHING WE DISCUSSED.
I HAVE NEVER HEARD THEM SAY THEY CARE ABOUT IT AT ALL.
MEANING THAT SHORT TERM RENTALS IS A PLAN OR A PROPOSAL.
UM, I JUST, IT'S JUST NOT SOMETHING I KNOW ABOUT.
AND I WOULD, I WOULD BE WILLING TO SAY IT'S LIKELY NOT A PROBLEM TO PROHIBIT SHORT-TERM ILLNESS.
AND IT WOULD BE NICE TO, TO CLOSE THAT LOOP.
AND, AND I APOLOGIZE FOR THE, THE OUTBURST HERE.
AND, AND MY LAST QUESTION IS, THE LAST TIME I THINK YOU CAME BEFORE US, YOU TALKED ABOUT COMMUNITY BENEFITS THAT, THAT THE, UM, OWNER HAS PROVIDED.
COULD YOU BRIEFLY TALK ABOUT WHAT THOSE ARE PLEASE? SURE.
UM, WE HEARD IN OUR DISCUSSIONS WITH THE NEIGHBORS THAT THERE WAS A CONCERN ABOUT DISPLACEMENT OF PEOPLE WHO HAD HISTORICALLY BEEN IN THIS NEIGHBORHOOD AND EVEN ON MUNSON STREET, WHICH IS REALLY CLOSE TO US.
UM, AND SO WE WERE REALLY SEEKING A WAY TO CONTRIBUTE TO THAT, TO LESSEN THAT IMPACT.
WE'RE NOT DISPLACING ANYONE, BUT WE UNDERSTAND THAT THAT'S A PHENOMENON THAT'S HAPPENING IN THE NEIGHBORHOOD.
SO WE WILL BE ENTERING INTO AN AGREEMENT WITH THE EAST AUSTIN CONSERVANCY TO MAKE A CONTRIBUTION OF A THOUSAND DOLLARS, OR MAYBE IT'S $1,500.
I THINK ACTUALLY IT, IT'S A THOUSAND DOLLARS PER UNIT, UM, FOR EVERY UNIT THAT WE CONSTRUCT.
AND IT, THOSE FUNDS WILL BE EARMARKED FOR THIS PARTICULAR NEIGHBORHOOD.
SO TO HELP WITH NOT ONLY PEOPLE, YOU ALL I THINK ARE ALL FAMILIAR WITH EAST AUSTIN CONSERVANCY, BUT PEOPLE TO PAY THEIR TAXES WHEN THEY MAY BE UNABLE TO DO SO.
SO THEY DON'T, DON'T GET FORECLOSED ON AND LOSE THEIR HOME.
UM, MS HELP WITH HOME REPAIRS AND THINGS LIKE THAT.
WE HAVE THREE MORE SPOTS, COMMISSIONER MAXWELL, I HAVE A COUPLE QUESTIONS FOR THE APPLICANT AND I WAS GONNA ASK IF WE COULD HAVE THE SITE PLAN PUT BACK UP REALLY QUICKLY.
UM, UH, YEAH, IF WE CAN GO FORWARD TO THE NEXT ONE.
AND I, I GUESS I JUST WANTED TO ASK A COUPLE QUESTIONS RELATED TO SORT OF THE UNITS THEMSELVES.
'CAUSE YOU HAD TALKED ABOUT THAT THESE WERE GONNA BE TWO AND THREE BEDROOMS, WHICH I KNOW THAT WE SOMETIMES HAVE A HARDER TIME IN TERMS OF, ESPECIALLY WITH INFILL.
SO CAN YOU JUST DISCUSS WHY THAT WAS FELT LIKE WAS APPROPRIATE AND BECAUSE IT DOES SORT OF INDICATE MORE FAMILIES AND, YOU KNOW, SORT OF MAYBE SOME INFILL THAT WE'RE LOOKING FOR.
CAN YOU SPEAK TO THAT PLEASE? YEAH, A HUNDRED PERCENT.
[02:20:01]
SEEING THAT THERE WAS A LACK OF THAT IN THIS NEIGHBORHOOD.UM, PEOPLE WHO HAD THE MULTIFAMILY AND OR THE RENTAL EXPERIENCE BUT ALSO HAD UNITS THAT WERE LARGE ENOUGH FOR FAMILIES, THE DEVELOPER FELT, THE OWNER FELT LIKE IT WAS A GOOD FIT TO HAVE THAT KIND OF A, A TENANT IN THIS NEIGHBORHOOD.
PEOPLE WHO WOULD FIT IN WELL WITH THE PEOPLE WHO'VE LIVED THERE FOR YEARS AND PEOPLE WHO HAVE MOVED NEW FAMILIES INTO THE NEIGHBORHOOD.
UM, AND SO THEY REALLY FELT LIKE THAT IS WHAT WOULD BE MARKETABLE IN THIS NEIGHBORHOOD AT THIS TIME.
AS YOU ALL KNOW, WE, THERE'S, THERE ARE VACANCIES IN AUSTIN FOR MULTIFAMILY AND WHAT WE SAW, YOU KNOW, 10 YEARS AGO, UP, UP FOR THE PAST 10 YEARS, I SHOULD SAY, IS A LOT OF ONE BEDROOM INEFFICIENCIES.
AND THEY REALLY FELT LIKE THIS WAS WHAT WAS MISSING IN THIS PARTICULAR NEIGHBORHOOD.
AND THEN I DO KNOW WE HEARD SOME CONCERNS ABOUT SORT OF PARKING AND DRIVING AND ALL THAT, BUT IT LOOKS LIKE TO ME FROM THE SITE PLAN THAT THERE IS ACTUALLY BASICALLY DRIVEWAYS AND SORT OF SOME PARKING, LIKE IF YOU COULD SPEAK TO THAT PART OF HOW THE CARS WOULD BE MANAGED FOR THIS.
YEAH, I THINK THAT'S ALWAYS A CONCERN THAT WE HEAR FROM OUR NEIGHBORHOODS.
SO, UH, UNITS HAVE A GARAGE, SO THEY WILL HAVE A PLACE TO PARK THEMSELVES.
WE'VE ACCOMMODATED SOME GUEST PARKING MM-HMM
AND FOR PEOPLE WHO HAVE TWO CARS OR THREE CARS OR WHATEVER THEY MAY HAVE, WE HAVE DECOUPLED SOME OF THE PARKING.
SO YOU CAN BUY A PARKING SPACE FOR AN EXTRA CAR.
AND SO IT COMES OUT TO ABOUT 1.7 PARKING SPACES PER UNIT.
AND WE HAVE REALLY CRUNCHED THOSE NUMBERS AND UDE FEELS PRETTY CONFIDENT THAT WE'RE GONNA HAVE ENOUGH PARKING.
OUR PEOPLE WILL NOT BE THE ONES PARKING ON THE STREET.
AND THEN I DID NOTICE THAT THERE'S SORT OF A GREEN SPOT IN THE MIDDLE OF THAT LIFECYCLE PLANE.
CAN YOU SPEAK TO WHAT THAT WOULD BE? IS THAT THE DETENTION POND OR SORT OF SOME EXTRA GREEN SPACE? YEAH, IT'S EXTRA GREEN SPACE AND WILL BE ACTUALLY DESIGNED LIKE A LITTLE POCKET PARK.
UM, THERE ARE TWO BIG TREES IN THAT AREA THAT WE DON'T WANNA MESS WITH, WE'RE NOT GOING TO MESS WITH.
AND SO THE IDEA IS TO KIND OF CREATE A LITTLE PLAZA FOR, AND WE'RE NOT GATED, ANYBODY CAN COME USE IT, BUT CREATE A PLAZA THERE FOR THE RESIDENTS.
AND AS I HAVE ONE MORE QUESTION, UM, JUST TO EXPLAIN THE DIFFERENCE BETWEEN IF THE STREET WAS EMERGENCY ACCESS OR WASN'T, THAT WOULD INCLUDE BASICALLY HAVING A GATE.
IS THAT CORRECT? CAN YOU EXPLAIN WHAT THAT WOULD LOOK LIKE? YEAH, IT WOULD BE A, UM, A GATE THAT COULD ONLY BE ACCESSED BY EMERGENCY, SO FIRE EMS POLICE AND YEAH, IT WOULD BE A, A GATE THERE.
SO RESIDENTS COULDN'T COME IN AND OUT OF THAT, PEOPLE COULDN'T COME TO THE PROPERTY IN VIA THAT, THAT ENTRY POINT.
AND WHAT WE STARTED IN THE DISCUSSIONS WITH THE NEIGHBORS, ACTUALLY WHAT WE STARTED TO REALIZE IN CIVIL UDE, KIND OF HOW TO WAKE UP CALL ABOUT WAS IF WE REALLY WANT TO PROVIDE TRASH SERVICE AT EVERYONE'S DOOR RATHER THAN IN A CENTRALIZED PLACE ON THE PERIPHERY OF THE PROPERTY, IT IS REALLY GOING TO BE DIFFICULT TO GET THAT SERVICE THROUGH THE PROPERTY WITHOUT THAT ACCESS POINT BEING OPEN.
WE CAN DO IT, BUT IT'S PROBABLY NOT GONNA BE IDEAL.
SO WE REALLY STARTED TO THINK THROUGH WHETHER THAT MADE SENSE MM-HMM
AND THEN WE STARTED TO GET SOME FEEDBACK THAT THAT LACK OF CONNECTIVITY HAD OTHER PROBLEMS AS WELL.
OTHER QUESTIONS? IF NO OTHER QUESTIONS, I'LL BE LOOKING FOR A MOTION.
I, UM, COMMISSIONER PHILLIPS, DID YOU HAVE YOUR HAND UP? I, OKAY.
I JUST WANTED TO RECOMMEND THAT WE ADOPT A STAFF REPORT.
I'M LOOKING, AND THIS IS FOR BOTH OR THE STAFF RECOMMENDATION? YEAH.
FOR BOTH THE MPA AND THE ZONING.
SECOND BY VICE CHAIR, WOULD YOU LIKE TO SPEAK TO THAT COMMISSIONER PHILLIPS? WELL, I, I THINK THAT THERE, THERE HAS BEEN A GOOD FAITH EFFORT BY THE, UM, THE APPLICANT TO ADDRESS THE CONCERNS.
AND, AND, AND THIS IS ONE OF THOSE ISSUES THAT IT, IT'S, IT'S REALLY A TOUGH ISSUE.
IT'S A TOUGH ISSUE BECAUSE AS I SAID, I'M FAMILIAR WITH THE NEIGHBORHOOD AND I, I'M THERE FAIRLY OFTEN.
AND BUT TO SAY THAT, YOU KNOW, THEY'RE GONNA, THEY'VE ALREADY COME DOWN TO 47, POSSIBLY 50, UM, AS OPPOSED TO 30 OR 45.
SO I JUST THINK THAT THEY'VE MADE A GOOD FAITH EFFORT.
THEY'RE, UH, GOOD ON COMMUNITY BENEFITS.
THEY ARE, UH, WORKING ON THE TRAFFIC, THE PARKING ISSUE IS, IS THAT, AND, AND, AND THESE ARE UNITS THAT WILL HOUSE FAMILIES.
SO I THINK IT, THEIR MARKET RATE THEY'RE RENTAL.
PERSONALLY, I WOULD PREFER SOME TO BE OWNER.
UH, BUT, AND, BUT I WOULD LIKE TO
[02:25:01]
HOPEFULLY SEE THAT THEY CLOSE THE LOOP ON THE SHORT TERM RENTAL QUESTION BECAUSE I THINK THAT THAT'S A CONCERN OF THE NEIGHBORHOOD THAT HASN'T BEEN FULLY VETTED.AND SO FOR THOSE REASONS, I, I, I AGREE THAT WE SHOULD ADOPT THAT.
ANYBODY SPEAKING AGAINST THE MOTION THAT'S ON THE TABLE, RECOGNIZING COMMISSIONER ANDERSON IS WITH US.
UM, LET'S GO AHEAD AND TAKE A VOTE ON THIS.
THIS IS FOR STAFF RECOMMENDATION ON YES,
OH,
UM, ALL OF THOSE IN FAVOR, THAT'S 12.
UM, AND COMMISSIONER COX IS OFF SCREEN, SO THAT PASSES UNANIMOUSLY.
UM, THIS IS JUST FOR THE COMMISSIONERS.
I I JUST WANTED TO MENTION, YOU KNOW, AS CHAIR AND VICE CHAIR AND ARE, ARE HAVING CONVERSATIONS WITH OUR STAFF WORKING ON, UM, THE DIFFERENT SORT OF CODE AND COMPREHENSIVE PLANNING PIECES.
WHAT WE'RE HEARING IS THAT SORT OF THE LONG AWAITED SDR REGULATIONS ARE SUPPOSED TO BE COMING BACK TO US IN SPRING.
I KNOW WE'VE TALKED ABOUT THEM, SO IT LOOKS LIKE, UM, CURRENTLY STAFF IS ON TRACK TO BRING THEM TO US.
SO IT'LL BE GREAT TO BE ABLE TO ADOPT THEM, KNOW THAT THEY'RE LEGALLY SOUND AND WE CAN ESSENTIALLY ENFORCE THEM BECAUSE I AGREE, I THINK THE STR ISSUE IS SOMETHING THAT IS BROUGHT UP FOR THIS CASE, BUT IT'S SOMETHING THAT REALLY IS AN ISSUE BEING FACED BY OUR COMMUNITY EVERYWHERE.
SO I JUST WANTED TO GIVE FOLKS A HEADS UP TO SAY IT'S COMING SOON.
[13. LDC Amendment: C20-2024-021 - Safety Bollards]
OKAY.MOVING ON TO OUR LAST DISCUSSION ITEM THIS EVENING IS ITEM NUMBER 13, THE SAFETY BOLLARDS.
UM, WE'LL HEAR FROM MR. BEATTY BEATTY.
MY NAME IS CURTIS BEATTY AND I HOPE I DON'T BREAK THIS.
UM, I'M WITH THE TRANSPORTATION PUBLIC WORKS DEPARTMENT AND THIS IS TO BRING TO Y'ALL THE FOLLOW UP TO A RESOLUTION.
MR. BEATTY, CAN YOU GET MORE INTO THE MICROPHONE A LITTLE CLOSER? YES, THAT'S BETTER.
UH, THIS IS TO FOLLOW UP STAFF RECOMMENDATION AND RESPONSE TO A RESOLUTION PRESENTED, UH, ISSUED BY COUNSEL BACK IN THE SUMMER.
THIS ALL CAME ABOUT BECAUSE OF AN INCIDENT THAT OCCURRED HERE AT A LOCAL EMERGENCY ROOM IN THE CITY.
UH, THERE WAS A VEHICLE THAT RAN INTO THE WAITING ROOM OF AN EMERGENCY ROOM KILLING THE DRIVER, AND SERIOUSLY INJURING FIVE PEOPLE IN THAT HOSPITAL AND COUNCIL MEMBER.
UH, KELLY ASKED, COULD WE HAVE DONE SOMETHING FROM THE CITY PERSPECTIVE TO IMPROVE THIS SITUATION? SO LOOKING AT THE RESOLUTION WE'VE COME UP WITH PROPOSED AMENDMENT, WHAT THE RULES WILL NEED TO BE TO IMPLEMENT THIS.
AND DEPENDING ON YOUR ACTION TONIGHT, IT IS SCHEDULED TO BE AT HEARD AT COUNSEL ON THURSDAY THE 12TH.
THE RESOLUTION IT SAID BASICALLY SAYS, REQUIRE THE INSULATION OF BOLLARDS OR SIMILAR TREATMENTS AT THE PEDESTRIAN ENTRANCES TO MEDICAL FACILITIES.
WE'LL GO INTO SOME OF THESE TECHNICALITIES WHEN WE GET INTO THE RECOMMENDATION ITSELF.
UM, WE WANTED TO DO THIS TO WHAT IS POSSIBLE ON SITE AND WHAT IS POSSIBLE IN THE RIGHT OF WAY.
WHEN WOULD THIS BE REQUIRED? WHAT WOULD BE THE TRIGGERS OF WHEN THESE, UH, BOLLARDS WOULD BE REQUIRED AT THESE FACILITIES? UH, WHAT INCENTIVES COULD THE CITY MAKE TO ENCOURAGE THOSE EXISTING FACILITIES TO VOLUNTARILY INSTALL SUCH BOLLARDS? AND THEN WE'LL ALSO GO INTO HOW WE COULD, UH, FURTHER ACHIEVE THE OBJECTIVES OF THIS RESOLUTION.
PART OF THIS, UH, RESOLUTION FORCED US TO REALLY HAVE TO EXAMINE WHAT IS MEANT BY MEDICAL FACILITY, WHAT IS MEANT BY A PEDESTRIAN ENTRANCE.
AND THOSE DEFINITIONS AREN'T IDENTIFIED WITHIN THE CURRENT CODE AS IT RELATES TO TRANSPORTATION.
SO WE WERE MAKING RECOMMENDATIONS TO ADD THESE DEFINITIONS TO THE CODE THAT A MEDICAL FACILITY IS TALKING ABOUT.
HOSPITAL SERVICES OR LIMITED SERVICES.
SO WE ARE TALKING ABOUT EMERGENCY FACILITIES, UH, OBVIOUSLY YOUR LARGER HOSPITALS, UH, ANYTHING THAT HAS URGENT CARE OF THE, OF THAT NATURE.
THIS IS NOT NECESSARILY THOSE STAND CORNER, UH, 24 HOUR URGENT CARE FACILITIES.
AND THEN WE ALSO WANTED TO MAKE A, A DEFINITION OF WHAT PEDESTRIAN
[02:30:01]
ENTRANCE IS SO THAT IT IS A DOOR DESIGNATED FOR PUBLIC ACCESS.THIS DOES NOT NECESSARILY MEAN PEDESTRIAN ACCESSED ON THE SIDE WHERE STAFF HAS A KEY CARD OR SOMETHING THAT ENTERS.
SO THIS WILL BE THE PUBLIC PEDESTRIAN ENTRANCES.
WE ARE LOOKING AT THIS WHEN IT COMES TO NEW SITE PLANS, SITE PLANS, UH, SITE PLAN UPDATES, SITE PLAN CORRECTIONS.
UH, THESE WILL NOT NECESSARILY BE A RETROFIT TO ALL FACILITIES WITHIN THE CITY.
AS WE HAVE VISITED DIFFERENT LOCATIONS, AND WE HAVE TALKED WITH THE OWNERS OF THESE, UH, MEDICAL FACILITIES.
MANY OF THEM HAVE SOME TYPE OF COMPLIANCE ALREADY, EITHER A TRADITIONAL BOLLARD OR THEY'VE DONE SOME AR ARCHITECTURAL FEATURES TO PROTECT THEIR, UH, FACILITIES.
THERE ARE SOME HOSPITALS IN THE CITY WHERE THEY OR ENTRANCES ARE VERY CLOSE TO THE RIGHT OF WAY.
WE AS CITY PREFER NOT TO HAVE STRUCTURES IN THE RIGHT OF WAY ITSELF, BUT IN THOSE SITUATIONS WHEN THEY HAVE A SITE PLAN THAT TRIGGERS THIS INSTALLATION OF THESE SECURITY BOLLARDS, WE WOULD HAVE TO WORK WITH THEM TO UNDERSTAND WHAT WOULD BE THE BEST WAY TO PROVIDE THIS SAFETY.
IF IT IS DETERMINED THAT STRUCTURES IN THE SITE IN THE RIGHT OF WAY ARE REQUIRED, WE WOULD ALSO HAVE THE, UM, THE NEED TO DEVELOP A LICENSE AGREEMENT WITH THESE PROPERTY OWNERS TO DO THAT.
UH, AS I MENTIONED, UM, ANYTHING COMING IN WITH A NEW SITE PLAN OR A SITE PLAN UPDATE OR A SITE PLAN CORRECTION WOULD NEED TO BE DOING THIS.
ALSO, UM, BRING TO YOUR ATTENTION ANYTHING WITH A PUD, ANYTHING THAT WOULD HAVE A PUD UPDATE OR AMENDMENT COULD ALSO TRIGGER THIS.
UH, SO FOR EXAMPLE, IF, UM, NEW DEVELOPMENT IS UNDER A P, WE CAN MAKE AS AN ADDITION IN THE PUD ORDINANCE THE REQUIREMENT FOR THE BOLLARDS IN THEIR FACILITY.
SO THAT'S ANOTHER WAY WE COULD INTRODUCE THESE INTO, UH, THE EXISTING, UH, DEVELOPMENTS TO COURAGE COMPLIANCE ON THEIR OWN FOR EXISTING FACILITIES.
WE CAN DO THINGS SUCH THAT APPLICATIONS, THEIR FEES COULD BE WAIVED SO THEY'RE NOT BEING PENALIZED OR HAVING TO PAY A COST TO DO THIS VOLUNTARILY.
THAT COULD BE PART OF AN, UH, THE CHANGE IN THE LANGUAGE HERE.
BUT WE HAVE ALSO NOTICED THAT A LOT OF FACILITIES ARE TRYING TO DO THINGS TO PROTECT THEIR FACILITIES AND THEIR, UM, ENTRANCES.
THERE WILL BE HAVE TO BE SOME ADDITIONS TO THE TRANSPORTATION CRITERIA MANUAL.
THIS WILL GO INTO WHAT IS REQUIRED TO MAINTAIN A DA COMPLIANCE WITH THESE BOLLARDS.
UH, ALSO WHAT TYPE OF VEHICLE AND WHAT SPEEDS THE CRASH RATING WOULD HAVE TO BE TO MAINTAIN SAFETY.
UH, AND THEN ALSO ANYTHING ELSE THAT WE WOULD NEED TO WORK WITH FIRE EMS SO THAT IF THEY NEED ACCESS TO THOSE ENTRANCES SO THAT THEIR VEHICLES CAN ALSO HAVE ACCESS AS NEED TO NEED BE DURING EMERGENCY SITUATIONS, THESE BOLLARDS WOULD NOT BE A HINDRANCE TO THEM.
AS YOU CAN SEE HERE, WE'VE GOTTEN ALL THE WAY DOWN TO THE PLANNING COMMISSION.
UM, OUR RECOMMENDATION IS TO MOVE FORWARD WITH THIS, UH, OBVIOUSLY AT YOUR DISCU AT YOUR DISCRETION AND ANY AMENDMENTS YOU WOULD LIKE TO MAKE.
IT IS SCHEDULED TO BE HEARD AT COUNSEL ON THURSDAY.
THAT IS THE NOTICE FOR PUBLIC HEARING.
UM, OBVIOUSLY COUNSEL HAS THE PREROGATIVE TO TAKE ANY ACTION OR TO POSTPONE IF THEY CHOOSE.
AND WITH THAT I WILL CLOSE THE PRESENTATION AND, UH, RESPOND TO ANY QUESTIONS.
UM, JUST DOUBLE CHECKING THAT WE DON'T HAVE ANY SPEAKERS SIGNED UP FOR THIS ONE.
I'M LOOKING FOR A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING THE MOTION BY COMMISSIONER WOODS.
SECOND BY COMMISSIONER MAXWELL.
UNLESS THERE IS OPPOSITION, THAT MOTION PASSES.
UM, LET'S OPEN IT UP FOR QUESTIONS.
SO COMMISSIONER JOHNSON, UH, YEAH, THANK YOU MR. TY.
UM, ONE, HAVE YOU LOOKED INTO WHETHER THIS REQUIREMENT WOULD CONFLICT AT ALL WITH STATE LICENSURE REQUIREMENTS FOR MEDICAL FACILITIES? UM, I ANECDOTALLY HAVE HEARD THAT THERE IS COME SOME CONCERN AMONG SOME FOLKS THAT
WELL, RIGHT NOW, AS FAR AS THE REQUIREMENT FOR SAFETY BALLARDS, THERE IS NO STATE OR LOCAL REQUIREMENT RIGHT NOW.
UH, AS FAR AS THE LICENSES, WE ARE NOT AWARE OF HOW PROVIDING ADDITIONAL SAFETY, UH, COULD PREVENT THEM FROM GETTING A LICENSE OR RENEWING THEIR LICENSE, PARTICULARLY WHEN THERE ARE CERTAIN, UH, WE ARE AMENABLE TO ALTERNATIVE SOLUTIONS.
SO IF THEY WANT TO DO SOME ARCHITECTURAL FEATURES MM-HMM
[02:35:01]
THINGS LIKE THAT, THEY HAVE THAT PREROGATIVE TO MAKE IT AND WORK WITH THEIR REQUIREMENTS FOR THEIR LICENSE LICENSES.AND OBVIOUSLY THIS APPLIES TO THE FACILITIES THAT ARE DEFINED IN THE ORDINANCE.
UM, WAS THERE ANY CONVERSATION ABOUT EXPANDING THAT TO OTHER TYPES OF FACILITIES LIKE CHILDCARE FACILITIES, UH, NURSING FACILITIES, THINGS THAT AREN'T WITHIN THAT RELATIVELY NARROW SCOPE AND, AND IF SO, WHY DID THAT NOT HAPPEN? YEAH, UM, ABSOLUTELY.
THAT QUESTION WAS PROBABLY THE NUMBER ONE QUESTION WE'VE GOTTEN THROUGHOUT THE BOARDS AND COMMISSIONS.
IF WE'VE GONE THROUGH THIS PROCESS, WHY DIDN'T WE EXPAND THOSE TWO LIBRARIES, CHILDCARE FACILITIES, RECREATIONAL FACILITIES, AND BASICALLY STAFF NEEDED TO RESPOND DIRECTLY TO WHAT THE RESOLUTION WAS AND THE RESOLUTION HAD A VERY NARROW, UH, WINDOW OR, OR, OR, UH, WHAT FACILITIES THAT WE HAD TO CONSIDER.
UM, COULD THIS BE EXPANDED? IT COULD BE EXPANDED QUITE EASILY TO OTHER FACILITIES.
UH, BECAUSE WE WOULD STILL, FROM OUR DEPARTMENT MAINTAIN THAT THEY NEED TO BE ON THE PRIVATE PROPERTY, NOT IN THE PUBLIC RIGHT OF WAY.
WE WOULD STILL WANNA MAKE SURE A DA COMPLIANCE MM-HMM
AND FIRE AND EMERGENCY ACCESS.
SO A LOT OF THE SAME REASONING AND LOGIC FOR WHAT WE'RE RECOMMENDING COULD EASILY BE APPLIED TO OTHER, UM, FACILITIES.
AND SO THERE WERE, JUST TO CLARIFY, THERE WASN'T ANY SORT OF STAFF OBJECTION TO, OR, OR SPECIFIC REASON NOT TO RECOMMEND ADDING SAFETY BOLLARDS TO OTHER FACILITIES? THAT WAS SIMPLY THE NARROW SCOPE OF THE RESOLUTION? THAT, THAT IS CORRECT.
OTHER QUESTIONS? COMMISSIONER WOODS? I, I'M JUST WONDERING IF WE KNOW RELATIVELY A BREAKDOWN OF HOW MANY HOSPITALS ARE ALREADY USING BOLLARDS AT THEIR ENTRANCE IS WHETHER THIS IS SOMETHING THAT IS NOT AT ALL WIDESPREAD OR IS VERY WIDESPREAD AT THE MOMENT? UH, WE DID NOT TAKE A COMPREHENSIVE SURVEY.
UM, AS PART OF THIS, UH, WE DO AS WE DROVE AROUND TOWN TRYING TO LOOK AT WHAT FACILITIES MAY ALREADY BE DOING, THERE WAS A NUMBER OF FACILITIES THAT ALREADY HAVE SOME TYPE OF BARRIER OR PROTECTION AT THESE MAIN ENTRANCES.
UH, WE DID ALSO TALK TO SOME INDIVIDUALS THAT OWN OR, OR, UH, THE EXECUTIVES AT THESE FACILITIES.
MANY OF 'EM DIDN'T REALLY HAVE AN OPINION ONE WAY OR THE OTHER, UH, BECAUSE THEY WERE ALREADY DOING SOMETHING.
AND IF THEY FELT LIKE THEY CAN ENHANCE THAT, THEY WOULD BE MORE THAN WILLING TO DO THAT, PARTICULARLY IF THEY HAD THE ALTERNATIVE COMPLIANCE.
AND IT'S NOT JUST A MATTER OF STICKING METAL POLES IN THE GROUND.
SO, I'M SORRY IF I'M ASKING YOU TO REPEAT YOURSELF, CAN YOU SPEAK A LITTLE BIT MORE TO THE ALTERNATIVE COMPLIANCE AND WHAT OPTIONS HOSPITALS WOULD HAVE? YES.
OTHER THAN INSTALLING BALLARDS? YES.
BESIDES BALLARDS, YOU'VE PROBABLY SEEN THE BIG RED BALLS AT TARGET.
THAT'S A WAY TO ALTERNATIVE COMPLIANCE.
THERE'S ALSO THE LARGE BLIND STOCK, UH, LIMESTONE OR CONCRETE BLOCKS THAT SOME, UM, BUILDINGS USE MORE ARCHITECTURALLY APPEALING.
THAT COULD BE IF THEY'RE DEEMED CRASH WORTHY TO STOP THE VEHICLE FROM ENTERING THE FACILITY OR THE PEDESTRIANS AT THE FACILITY ENTRANCE.
UM, AGAIN, CERTAIN PLANTERS, CERTAIN, UH, UH, FEATURES SUCH AS FOUNTAINS.
UM, I KNOW THAT'S ONE THING IN AUSTIN THAT'S NOT THE FAVORITE, UH, BUT THERE ARE JUST DIFFERENT WAYS YOU CAN DO IT SO THAT THE DOOR IS PROTECTED BY AN ARCHITECT FEATURE AND NOT NECESSARILY HAVE TO HAVE THE BOLLARDS IN FRONT OF THE DOOR ITSELF.
AND DO WE HAVE DATA THAT SHOWS THAT THESE PHYSICAL BARRIERS ARE THE, THE BEST, UM, CRASH IMPEDIMENT AS OPPOSED TO CHANGING TRAFFIC PATTERNS AROUND ENTRANCES TO HOSPITALS? UM, NO, WE WOULDN'T HAVE ANY DATA.
UH, WHAT WE WOULD DO IN THE TCM, WE WOULD HAVE A SPECIFY WHAT TYPE OF VEHICLE UP TO WHAT TYPE OF VEHICLE AND WHAT SPEED THOSE BARRIERS WOULD NEED TO PREVENT A VEHICLE FROM ENTERING.
UM, THAT WILL HAVE A LOT OF, UM, SAY AS FAR AS THE DETAILS, THE HEFTINESS THE SIZE OF THE, THE INDIVIDUAL B*****K.
WE HAVEN'T GOTTEN TO THAT LEVEL OF DETAIL YET.
WE WOULD NEED TO DO THAT BEFORE WE UPDATE THE TCM.
I'M OF OF, I GUESS I WAS A FREQUENT FLYER AT CHILDREN'S HOSPITAL FOR A WHILE WITH MY SON AND SPEND LOTS OF TIME ARRIVING, UH, AFTER HOURS AND THROUGH THE EMERGENCY ENTRANCE THERE.
AND I THINK, I'M TRYING TO UNDERSTAND HOW YOU CAN HAVE AN AMBULANCE DROP OFF IN AN EMERGENCY.
UH, YOU NEED SPACE WHEN THESE VEHICLES PULL UP TO UNLOAD SOMEBODY RAPIDLY AND GET THEM INTO THE BUILDING.
AND, UH, I DON'T KNOW HOW THAT WORKS WITH BOLLARDS TO BE PERFECTLY HONEST WITH YOU.
WELL, THOSE ENTRANCES THAT ARE, ARE USED FOR THE MEDICAL SUCH AS, UH, TO BRING GURNEYS IN AND OUT, WHEELCHAIRS, EMERGENCIES, THOSE NOT NECESSARILY HAVE TO COMPLY WITH THE BOLLARDS BECAUSE THEIR PRIMARY FUNCTION IS TO SERVICE
[02:40:01]
THE, UH, THE METS GETTING THE PATIENT IN OR OUTTA THE AMBULANCE.SO THE INCIDENT THAT OCCURRED AT NA AT NORTH AUSTIN MEDICAL CENTER, WHERE WAS IT? IT WAS AT THE EMERGENCY OR ENTRANCE.
SO WOULD BALLARD HAVE BEEN HELPFUL IN THAT CASE? THERE'S A POTENTIAL YES THAT YOU CAN SEPARATE THE EMERGENCY AND THE PUBLIC, UM, VEHICLE ACCESS.
YOU CAN SEPARATE THE EMERGENCY AND THE PUBLIC VEHICLE ACCESS SO THAT YOU HAVE THE PUBLIC ACCESS COULD POSSIBLY GO INTO ONE LANE FURTHER AWAY FROM THE ENTRANCE.
THE EMERGENCY VEHICLE WILL HAVE ANOTHER CLOSER TO THE ENTRANCE IN BETWEEN THE TWO OR THE BOLLARDS.
OKAY, OTHER QUESTIONS? COMMISSIONER MAXWELL AND THEN COMMISSIONER COX.
COMMISSIONER COX WILL TAKE YOURS FIRST.
YEAH, I, I APOLOGIZE IF YOU ADDRESS, ADDRESS THIS.
I MISSED, UM, I THINK THE FIRST HALF OF YOUR PRESENTATION.
SO IT'S NOT, IT'S NOT VERY COMMON THAT WE SEE A, AN ENTIRELY BRAND NEW HOSPITAL FACILITY BUILT IN AUSTIN.
UM, AND I, AND I WAS READING THE, THE KXN REPORT THAT WAS TALKING ABOUT HOW MANY FACILITIES THEY FOUND WITHOUT BOLLARDS, WHICH ONES DID HAVE BOLLARDS.
UM, SO I'M ASSUMING THAT THIS IS GOING TO BE TRIGGERED IF A HOSPITAL SEEKS A PERMIT FOR ANY SORT OF WORK AT AN EXISTING FACILITY.
THIS, THIS REQUIREMENT WOULD THEN BE TRIGGERED.
THROUGH EITHER A NEW SITE PLAN OR A SITE PLAN CORRECTION OR REVISION.
THERE'S NO REAL PROCESS FOR FACILITIES THAT AREN'T SUBMITTING FOR ANY SORT OF PERMIT, UH, THAT THE CITY CAN USE TO TRY TO GET THESE INSTALLED, CORRECT? NOT RETROACTIVELY.
I WOULD DEFER TO LEGAL IF THERE IS A MANEUVER OR NOT THAT IBEL BELIEVE ERIC LOPEZ IS AVAILABLE IF WE WOULD LIKE TO HAVE HER RESPOND.
UM, IS SHE ON, I I WOULD BE CONCERNED IF THERE WAS A MECHANISM
IT, IT'S OUR UNDERSTANDING THE, THE WAY WE WROTE THE, THE CODE MODIFICATION WOULD BE APPLYING TO ANYTHING COMING IN AT THIS TIME.
AND THE, AND THE NEWS ARTICLES THAT I WAS JUST READING TO REFRESH MY MEMORY ABOUT THIS EVENT WAS WAS SPEAKING TO POTENTIALLY THE STATE EXPLORING SOME SORT OF REQUIREMENT AS WELL.
IS IT POSSIBLE THAT WE ARE JUST AHEAD OF WHAT THEY'RE DOING? ARE YOU AWARE OF ANY EFFORTS AT THE STATE TO HAVE THIS REQUIREMENT? I HAVE NOT SEEN A BILL, UH, POST-IT YET FILED YET IN REGARDS TO THE TOPIC.
BUT I DO KNOW, UH, REPRESENTATIVE LO LLOYD DOGGETT HAS ASKED FOR THE NATIONAL LEVEL TO LOOK AT EXAMINATIONS FOR GOVERNMENT BUILDINGS AND OTHER FACILITIES THAT NEED TO BE PROTECTED FROM VEHICLE TRAFFIC.
AND I'M GLAD YOU MENTIONED THAT 'CAUSE THAT REFRESHED MY MEMORY.
UM, TO, TO THE PREVIOUS COMMISSIONER'S QUESTION THAT THERE WOULD BE NOTHING PREVENTING US, UH, TO MAKE A MOTION ON THIS THAT INCLUDES EXTENDING OR EXPLORING TO EXTEND THIS REQUIREMENT TO OTHER FACILITIES THAT ARE DEEMED CRITICAL OR EMERGENCY IN NATURE.
I AM NOT AWARE OF ANYTHING THAT WOULD PREVENT Y'ALL TO DO THAT THROUGH AN AMENDMENT PROCESS.
OKAY, COMMISSIONER MAXWELL? UM, YES, THANKS FOR THE PRESENTATION AND I DID HAVE A COUPLE OF QUESTIONS.
THE THING I WANTED TO FOCUS ON WAS THE UPDATE TO THE TCM.
UM, OBVIOUSLY IT SOUNDS LIKE THESE BOLLARDS YOU WOULD SORT OF COME UP WITH A DESIGN THAT WOULD BE ACCEPTABLE AND THEN ALTERNATIVE COMPLIANCE.
HOW LONG IS THAT PROCESS EXPECTED TO TAKE AND WHAT, WHAT DOES THAT LOOK LIKE IN TERMS OF RULEMAKING? WE DON'T THINK IT'LL BE THAT LONG BECAUSE WE ACTUALLY HAVE SOME STANDARDS FOR BOLLARDS ALREADY WITHIN THE CITY.
WE WOULD JUST REVIEW THOSE TO SEE IF THEY WOULD PREVENT A TYPICAL PASSENGER VEHICLE TRUCK, UM, PASSENGER TRUCK.
UM, IF THE INTENT IS TO STOP ALL VEHICLES, THEN WE WOULD PROBABLY HAVE TO COME WITH, WITH THE ENTIRE NEW STANDARDS AND REQUIREMENTS THAT COULD TAKE A WHILE.
AND, AND I GUESS RELATED TO THAT QUESTION IS THAT OBVIOUSLY WE'RE COMING TO THE END OF THE YEAR AND AS YOU KNOW, WE CAREFULLY TRACK ALL OF OUR TRAFFIC FATALITIES HERE IN AUSTIN AND THERE'S BEEN A NUMBER THIS YEAR, AND I'M SURE SOME OF THEM HAVE ACTUALLY INVOLVED SOMETHING SIMILAR TO WHAT HAPPENED IN THIS TRAGIC CASE AT THE HOSPITAL.
IF SAFETY BALLERS COULD HELP IN SOME OF THOSE CASES AND WE'RE DEFINING THIS SO NARROWLY, DOES IT RAISE SOME CONCERNS WITH Y'ALL'S DEPARTMENT THAT WE'RE NOT LOOKING AT THIS MORE BROADLY OR HOW WE CAN BE USING SAFETY BALLARDS IN OTHER SITUATIONS TO MORE EFFECTIVELY PREVENT CRASH DEATHS? UM, WITHOUT HAVING THE STATISTICS MYSELF TO UNDERSTAND WHAT
[02:45:01]
CRASHES AND FATALITIES HAVE OCCURRED, UM, I I DO THINK IT IS APPROPRIATE TO LOOK AT OTHER POSSIBILITIES TO IMPROVE PEDESTRIAN SAFETY IN OUR CITY.AND I GUESS THAT'S MY RELATED QUESTION.
DID YOU ALL TALK TO THE VISION ZERO TEAM HERE IN THE, IN THE DEPARTMENT TO SORT OF UNDERSTAND WHAT WOULD BE APPROPRIATE AND WHERE ELSE THEY MIGHT LIKE TO SEE BOLLARDS? WAS THAT CONSIDERED AS PART OF THIS RECOMMENDATION? YES AND NO.
WE DID TALK TO THEM TO HAVE AN UNDERSTANDING OF WHAT THEY TRACK AND HOW THEY GET THEIR INFORMATION AND SOME OF THEIR RECOMMENDATIONS BROADLY BROAD RECOMMENDATIONS.
UM, AS FAR AS DOING AN INVENTORY OF WHAT OTHER TYPE OF FACILITIES COULD BE ADDED, WE DID NOT DO THAT.
SO IF WE'RE TALKING RECREATIONAL FACILITIES OR PUBLIC LIBRARIES, WE DID NOT CATALOG TO SEE HOW MANY THAT COULD BE AND IF THOSE TIE INTO WHERE EXISTING FATALITIES OCCURRED.
AND I GUESS, YOU KNOW, WE'RE ALWAYS AT TALKING ABOUT PUBLIC INPUT AND MAKING SURE THAT WE UNDERSTAND WHAT OUR COMMUNITY WANTS HERE.
AND I GUESS I'M A LITTLE CONCERNED BECAUSE I DIDN'T UNDERSTAND THAT YOU HAD TALKED TO A LOT OF THE HOSPITAL FACILITIES OR MEDICAL FACILITIES THAT MIGHT BE IMPACTED BY THIS.
IT SOUNDS LIKE YOU DID TALK TO A FEW INDIVIDUALS.
WAS THERE A SPECIFIC COMMUNITY OUTREACH OR A SURVEY THAT WAS DONE TO ACTUALLY UNDERSTAND HOW THE BOLLARDS COULD BE USED BOTH IN THESE CONTEXTS AND IN OTHER ONES TO PROTECT SAFETY AND PEDESTRIANS IN THESE SITUATIONS? NO, WE DID NOT ISSUE, UH, A SURVEY IN REGARDS PARTICULARLY TO OTHER FACILITIES, OTHER TYPES OF FACILITIES BECAUSE AGAIN, WE WERE RESPONDING TO THE NARROW SCOPE OF THE RESOLUTION.
AND I GUESS THERE WAS A PUBLIC INPUT.
WAS THERE A SPEAK UP AUSTIN PAGE OR ANYTHING LIKE THAT? I'M NOT AWARE OF THAT.
WE WENT THROUGH THE BOARDS AND COMMISSIONS WITH PUBLIC SPEAKERS.
SO THERE WAS NO ACTUAL OPPORTUNITY TO GIVE SOME INPUT ABOUT WHERE WE MIGHT LIKE TO SEE BOLLARDS, HOW THEY MIGHT INTERACT WITH SAY, EMERGENCY ROOM DOORS OR ANYTHING LIKE THAT? THERE WASN'T ANY PUBLIC OR COMMUNITY INPUT ON THAT PART? NOT THAT I'M AWARE OF.
AND THEN I JUST, I'M A LITTLE CONCERNED ALSO AS YOU MENTIONED ABOUT THE RIGHT OF WAY AND SORT OF PUT UPDATES.
HOW, HOW WOULD THAT ACTUALLY WORK IN PRACTICE AS WE MOVE FORWARD WITH POTENTIALLY SOMETHING LIKE THIS CHANGE? UH, IF A FACILITY, A HOSPITAL FACILITY CAME IN AND IT IS UNDER A P AND THEY NEEDED TO DO A PUT AMENDMENT AS PART OF THE NEGOTIATIONS TO BE SUPERIOR, WE CAN MAKE THE REQUEST THAT THEY ADD THAT GO BACK AND RETROFIT THEIR FACILITIES, EXISTING FACILITIES.
SO PUDS GIVE US SOME LATITUDE.
WE WOULDN'T HAVE TO A TRADITIONAL TO RETROACTIVELY INSTALL BALLERS AT EXISTING FACILITIES IF THEY'RE NOT SUBMITTING A SITE PLAN.
UM, THE RIGHT OF WAY QUESTION IS BASICALLY WE TRY NOT TO PUT STRUCTURES IN OUR RIGHT OF WAY AT ALL.
SIGNS ARE BREAK BREAKAWAY AND THINGS OF THAT NATURE.
UH, TRAFFIC SIGNALS ARE A UNIQUE, UH, UM, TRAFFIC CONTROL MEASURE ITSELF, BUT WE WOULD WORK WITH THE FACILITY AS MUCH AS POSSIBLE TO GET THESE ON THEIR LAND IF NEED BE.
IF IT DOES HAVE TO BE IN THE RIGHT OF WAY, WE WOULD HAVE TO LOOK AT THE LOCATION OF THE SPECIFIC CONTEXT WHERE OUR SIDEWALKS, WHERE OUR ACCESS TO, UH, UH, FIRE HYDRANTS AND THINGS OF THAT NATURE.
SO IT WOULD BE A CASE BY CASE IF WE OR WERE ALLOWING TO PUT THAT IN THE RIGHT OF WAY NEAR THEIR FACILITY.
SO I GUESS I WOULD ECHO MY FELLOW COMMISSIONER IS THAT THERE'S NOT THAT MANY BIG HOSPITALS IN AUSTIN.
AND IF SOME OF THESE ARE ALREADY IN THE RIGHT OF WAY, WOULDN'T THAT BE SOMETHING WE'D WANNA UNDERSTAND BEFORE WE MOVE FORWARD WITH AN ORDINANCE LIKE THIS? I GUESS I'M JUST CONCERNED THAT WE'RE GOING TO BASICALLY PUT THIS OUT THERE AND THEN FIGURE OUT THAT OH, THERE'S A COMPLEX SET OF SITUATIONS WHERE THESE BALLERS ACTUALLY REALLY DON'T WORK OR IS THE RIGHT OF WAY CONCERN NOT SOMETHING THAT YOU THINK IS GOING TO BE AN ISSUE MOVING FORWARD.
WHEN WE DID OUR SURVEY BOTH IN THE FIELD AND UM, THROUGH OUR MAPPING PROCESSES, WE WERE SEEING VERY, VERY FEW MEDICAL FACILITIES THAT WOULD HAVE, UH, LIMITATIONS OF ON THEIR PROPERTY.
THERE WAS VERY FEW, UM, AND MOST OF THEM ARE EXISTING.
SO WOULD THEY COME IN WITH A SITE PLAN ANYTIME SOON? NOT SURE, BUT WE DIDN'T SEE VERY MANY WOULDN'T HAVE THE OPPORTUNITY TO PUT THIS ON THEIR LAND.
UM, I GUESS I'M ALSO JUST GIVEN THE TRAGEDY AND THE WAY THIS ALL WORKS AND UNFORTUNATELY WE ALSO KNOW THAT INSURANCE AND SORT OF LIABILITY AND THINGS LIKE THAT HAPPEN TO THESE FACILITIES.
I GUESS MY UNDERSTANDING WOULD BE THAT GIVEN THAT SITUATION, WOULDN'T WE HAVE EXPECTED THEM TO SORT OF ADDRESS SOME OF THIS ALREADY? SORRY.
WELL, WE'LL HAVE TO LET SOMEBODY PICK UP THE QUESTION.
CHERYL, PICK UP THAT QUESTION.
WOULD YOU REPEAT THAT TO MAKE SURE I UNDERSTOOD IT? I'M JUST TRYING, BASICALLY JUST SAYING THAT GIVEN THE SITUATION LEGALLY, WOULD WE EXPECT THAT THERE WOULD ALREADY BEEN SOME COMPLIANCE OR AN EFFORT TO ADDRESS THIS TYPE OF SAFETY CONCERN BY THESE FACILITIES GIVEN THEIR OWN LEGAL AND INSURANCE SITUATION.
AND THAT'S WHY MANY OF 'EM DO MAKE SOME TYPE OF ATTEMPT TO HAVE SOME TYPE OF A, UH, BOLLARDS OR PROTECTIONS.
UH, MANY HOSPITALS TRY TO NOT HAVE PUBLIC VEHICLES NEAR THEIR EMERGENCY ACCESS ANYWAY.
THERE'S A SEPARATE DROP OFF FOR THEM OR THEY NEED TO PARK AND ESCORT THEIR EMERGENCY INTO THE, THE, THE, UH, FACILITY.
SO THEY HAVE DIFFERENT OPERATION, UH, DIFFERENT MECHANISMS WE'RE TRYING TO, SOME OF THEM WERE VERY SIMILAR TO THE BOLLARDS AS BEING RECOMMENDED AND SOME OF 'EM WERE TRYING TO DO IT OPERATIONALLY ABOUT HOW WHERE THEY ALLOW VEHICLES AND WHERE THEY ALLOW PEDESTRIANS STAFF VERSUS, UH,
[02:50:01]
PATIENTS VERSUS PUBLIC.UH, COMMISSIONER, I I GUESS I'LL JUST ASK A QUESTION ON THAT.
I WOULD SOMETHING LIKE THAT BE COVERED UNDER THE ALTERNATIVE DESIGN THAT WE'RE ALLOWING.
SO IF THERE'S, I KNOW YOU TALKED ABOUT SORT OF DIFFERENT KIND OF BARRIERS, BUT IF SOMEBODY WANTS TO DESIGN IT IN A WAY THAT DOES NOT REQUIRE A BARRIER, I'M THINKING THE CENTRAL SEATON WITH THE EMERGENCY ENTRANCE ON 15TH WHERE, UM, THE ENTRANCE SORT OF LIKE YOU HAVE TO TAKE A TURN.
I MEAN IT'S ESSENTIALLY, IT'S NOT SOMETHING THAT SOMEBODY CAN SPEED INTO.
IT REALLY IS EMERGENCY DROP ON AND IT'S AMBULANCE.
I CAN'T REMEMBER EXACTLY, BUT WOULD SOMETHING LIKE THAT MEET THOSE ALTERNATIVE COMPLIANCE? IT COULD.
UM, WE WOULD PROBABLY HAVE TO HAVE THEM DEMONSTRATE ABOUT WHAT POSSIBLE SPEEDS THESE VEHICLES COULD BE TAKING AND HOW THEY ARE ATTEMPTING TO DIVERT EMERGENCY VEHICLES AND PUBLIC VEHICLES TO NOT HAVE THE SCENARIO OF THEM USING THE SAME DRIVEWAY AND, AND UH, ENTRANCE.
UM, THE OTHER QUESTION I SORT OF HAD ON THIS WAS, YOU KNOW, SINCE WE'VE HAD A LOT OF ARTICLES COME OUT, A LOT OF INFORMATION, I KNOW I, I'VE HEARD FROM SOME FOLKS THAT A LOT OF OUR EXISTING HOSPITALS ARE EITHER, LIKE YOU ALREADY MENTIONED THIS AND A LOT OF THEM ALREADY HAVE SOME KIND OF FEATURES AND A NUMBER OF THEM ARE SORT OF AUTOMATICALLY GOING INTO SOME DEGREE OF FEATURES AND COMPLIANCE SORT OF WILLINGLY.
THAT'S AT LEAST WHAT I'M HEARING.
I GUESS I'M TRYING TO UNDERSTAND THE SCOPE OF THE PROBLEM FOR THE EXISTING, UH, MEDICAL FACILITIES.
UH, I WOULD NOT BE ABLE TO QUANTIFY THE EXISTING FACILITIES THAT MAY WE WOULD LIKE TO SEE COME INTO VOLUNTARY COMPLIANCE.
BUT ARE WE HEARING, DO WE KNOW IF FOLKS ARE STUDYING? WE HAVE HEARD BOTH PROS AND CONS FROM MEDICAL FACILITY OPERATORS, SOME OF THEM THAT OKAY.
YES, WE, WE UNDERSTAND AND WE WOULD LOOK AT OUR OPTIONS.
UH, AND THEN WE'VE HAD SOME THAT SAID WE DON'T LIKE BEING FORCED TO DO THIS EITHER THROUGH SITE PLANS OR OUR EXISTING FACILITIES.
SO WE HAVE HEARD THE SPECTRUM OF RESPONSES FROM MEDICAL FACILITIES AND I, I DON'T KNOW, I I'M NOT GONNA ASK YOU TO SPEAK FOR THEM, BUT I DON'T KNOW IF YOU CAN, WHAT WERE SOME OF THE CONCERNS? OR IS IT, IS IT THE RETROFITTING THE COST OF LIKE WHAT IT, OR WAS IT JUST THE SORT OF DESIGN FLEXIBILITY? I'M JUST TRYING TO UNDERSTAND WHAT THE THINGS LIKE, I THINK THAT WAS PART OF IT IS JUST UNDER, FOR ESPECIALLY NEWER FACILITIES, IF THEY DID NOT HAVE SOME TYPE OF SAFETY FEATURES, WHAT IS THAT GOING TO DO TO, I DON'T WANNA BE FLIPPANT, BUT THEIR ARCHITECTURAL, UH, AND THEIR VISUAL OF HOW THEY WANTED TO PRESENT THEIR FACILITIES.
UH, SOME OF THESE FACIL UH, MEDICAL FACILITIES HAVE EXTENSIVE UNDERGROUND UTILITIES AND EVERYTHING LIKE THAT.
AND SO THAT WAS A QUESTION OF CAN WE PHYSICALLY PLACE THESE BOLLARDS IN A LOCATION THAT WOULD NOT CONFLICT WITH EXISTING UNDERGROUND INFRASTRUCTURE, BUT PROVIDE THE PROTECTION THAT'S BEING SOUGHT.
AND, AND JUST TO CONFIRM, I JUST WANNA MAKE SURE I'M UNDERSTANDING THIS CORRECTLY.
I KNOW WE'RE TALKING VERY MUCH AS WE'RE TALKING COLLOQUIALLY WE'RE SAYING HOSPITALS, BUT IT APPLIES TO A MUCH BROADER RANGE OF MEDICAL FACILITIES, CORRECT? YES.
UH, WHAT WE WERE TRYING TO DO IS NOT INCLUDE THINGS LIKE DENTIST OFFICE, CHIROPRACTOR'S OFFICE AND THINGS OF THAT NATURE, BUT, UH, SURGICAL CENTERS, UM, OBVIOUSLY HOSPITALS, SOME PROFESSIONAL, UH, BUILDINGS THAT HAVE, UM, UH, SURGICAL FEATURES, DAY SURGERIES.
UM, THE, AGAIN, GOING TO SOME OF THE 24 HOUR FACILITIES THAT ARE PRIVATELY HELD, THOSE MAY NOT FALL UNDER THIS DEFINITION.
UM, SOME OF THE SIZE AND THE VOLUME OF, OF, UM, VISITORS AND WHERE THEY'RE LOCATED, WE COULD ENCOURAGE, BUT I DON'T KNOW IF WE, BY THE DEFINITION WE'RE ADDING THOSE WOULD NECESSARILY FALL INTO.
AND COULD YOU SPEAK TO WHY I GUESS THOSE WERE NOT INCLUDED IN, AGAIN, IT BECAME WHEN WE STARTED TALKING ABOUT MEDICAL FACILITIES, IS IT A DENTIST OFFICE? IS IT A CHIROPRACTOR? YEAH, SO, SO WE WERE TRYING TO WORK WITH LEGAL OF HOW TO SPECIFY A VERY DELIBERATE RESPONSE TO THE INCIDENT THAT CAUSED THE, UH, UH, RESOLUTION BUT NOT TO HAVE IT SO BROAD THAT WE WERE OVERLY FORTIFYING THE CITY WITH BOLLARDS.
UM, I'M, I'M GONNA FOLLOW ON COMMISSIONER AAR'S QUESTIONS.
UM, YOU MENTIONED, I'M GLAD HE BROUGHT IT UP AND I THINK YOU MENTIONED IT IN YOUR PRESENTATION.
I'M GOING TO USE MY COLLOQUIAL EXAMPLES, UM, BECAUSE THAT'S THE ONLY WAY I CAN DESCRIBE SOME OF THESE.
AND IN NO WAY DO I THINK THAT THE FOLKS I'M ABOUT TO TO MENTION ARE ANY WAY, SHAPE, FORM OR FASHION, UH, NARRATIVE WELLS.
'CAUSE I THINK THEY'RE GREAT HOSPITAL FACILITIES, BUT,
[02:55:01]
UH, IN THIS TOWN WE GOT, UH, ST.UM, I CALL 'EM DOC IN THE BOX.
WE GOT ABSOLUTELY, WE GOT, UH, SCOTT AND WHITE ME QUICKS OR I FORGET WHAT SCOTT AND WHITE CALLS THEIRS.
UM, AND THEN YOU GOT, AS YOU MENTIONED, THE FREESTANDING HR OR HR ERS.
UM, THEY ESSENTIALLY SERVE THE SAME FOLKS A LITTLE BIT DIFFERENT BECAUSE YOU CAN ACTUALLY GO IN MM-HMM
AND GET, GET A LITTLE BIT OF SURGERY IN THE, IN THE FREESTANDING HR.
BUT, UH, WHY AM I SAYING HR ERS? UH, UH, YEAH, EXACTLY.
UM, WHY THE, WHY THE DIFFERENTIATION BETWEEN THOSE, THOSE THOSE PARTICULAR TWO TYPES OF THINGS? I ACTUALLY APPRECIATE THE QUESTION BECAUSE I'M GOING TO CLARIFY SOMETHING.
UM, SOME INFORMATION WAS FED TO ME, MEDICAL FACILITIES WILL INCLUDE ALL HOSPITALS, STANDALONE ER FACILITIES AND URGENT CARE CLINICS.
THANK YOU FOR ALLOWING ME TO CLARIFY THAT.
SO ALL OF THOSE FOLKS LUMP INTO ONE.
WE DON'T WANT, WE DON'T WANT THESE IN FRONT OF A CHIROPRACTOR, UM, OR A DENTIST.
BUT, BUT ALL OF THOSE WILL BE LUMPED INTO PERFECT.
SEE IF THERE'S ANY MORE QUESTIONS.
YEAH, JUST SEEING IF THERE'S OTHER COMMISSIONERS WITH QUESTIONS.
'CAUSE WE'RE AT OUR LAST SPOT.
I CAN EITHER DO THIS AS A, A POINT OF PRIVILEGE OR IF SOMEONE WANTS TO DO A POINT OF INFORMATION, I CAN OFFER SOME ANSWERS.
FOR A LOT OF Y'ALL, I THINK, UH, I'VE BEEN DELIVERED PATIENTS FROM EVERY HOSPITAL FROM SCOTT AND WHITE AND COLLEEN ALL THE WAY DOWN TO BMC FOR ALL THE TYPE THREE AND TYPE TWO HOSPITALS IN AUSTIN, THERE IS A SEPARATE ER, UH, RAMP OR DOCK THAT'S EITHER CATTYCORNER BECAUSE OF OSHA STANDARDS, BECAUSE OF THE EXHAUST.
TRADITIONALLY SPEAKING, THOSE ENTRANCES ARE NOT PEDESTRIAN INSTANCES.
THEY'RE NOT SUPPOSED TO BE USED BY ANYONE BUT EMS AND POLICE, UM, PUTTING BOLLARDS THERE WOULD ONLY OBSTRUCT GURNEYS.
BUT I DON'T THINK THAT'S WHAT THEY'RE REALLY TALKING ABOUT.
UH, I THINK THAT WAS COMMISSIONER SKIDMORE'S QUESTION FOR THE SMALLER STUFF.
AND I WAS, MY QUESTION FOR YOU IS, HOW FAR INTO THE NUANCES FOR SOME OF THESE BUILDINGS HAVE YOU GOTTEN INTO? 'CAUSE LIKE RIGHT, I THINK OF AN URGENT CARE BY MY HOUSE.
I'M THINKING OF A STRIP MALL, UH, YOU KNOW, WHERE THERE'S LITERALLY LIKE A CROWN DENTAL OR CASTLE DENTAL OR SOMETHING ON THE CORNER AND LIKE TWO DOORS DOWN, THERE'S A UPS STORE AND THEN THERE'S AN URGENT CARE STRIP MALL.
THEY'RE GONNA BE HELD TO THE SAME STANDARDS.
OR WOULD THEY POSSIBLY BE ABLE TO JUST GET A WAIVER FROM THE DIRECTOR WITHOUT HAVING TO GO THROUGH THE WHOLE PROCESS? THERE WOULD BE THE POSSIBILITY OF REQUESTING FOR A WAIVER FOR NON-COMPLIANCE, BUT IT WOULD NOT BE, EVEN IF IT'S IN A STRIP CENTER OR UH, UH, SOME OTHER REUSE OF A FACILITY, UM, THAT THEY WOULD BE ABLE TO NOT PROVIDE SOME TYPE OF SAFETY FEATURE JUST BECAUSE OF THEIR LOCATION.
SO LIKE YOU SAID, IF THEY'RE IN THE STRIP CENTER, THERE'S A RESTAURANT NEXT TO 'EM, UPS YOGA STUDIO AND THINGS LIKE THAT.
THEY WOULD STILL HAVE TO PROTECT THEIR PUBLIC PROTESTS DURING ENTRANCES SOMEHOW.
YOU ALSO SAID NOT DOCTOR'S OFFICES SPECIFICALLY.
UM, WHAT MY FIRST THOUGHT WAS LIKE AN A RC CLINIC WHERE THERE'S 40 OR 50 DIFFERENT DOCTOR'S OFFICES IN IT, UH, WITH A LARGE ENTRANCE WHERE AMBULANCES SOMETIMES DO HAVE TO PICK UP AND DROP OFF PATIENTS, EVEN IF IT'S A, UH, A BASIC LIKE NON-EMERGENCY AMBULANCE.
LIKE WE, WE CALL 'EM TRANSPORT VANS, TRANSPORT, UH, BUT THEY STILL SOMETIMES HAVE TO BE ON A GURNEY, SOMETIMES, YOU KNOW, AN EXTRA WIDE WHEELCHAIR.
ARE ARE THOSE KIND OF OFFICES ALSO INCLUDED IN THIS DEFINITION OR SO PROFESSIONAL BUILDINGS AND THINGS OF THAT NATURE? BY THE DEFINITION THAT WE'VE CREATED RIGHT NOW, NO.
THOSE WOULD NOT BE CONSIDERED AS NEEDING THE REQUIREMENTS OF THESE BOLLARDS.
IS THAT SOMETHING THAT COULD BE CONSIDERED? BECAUSE I WOULD THINK MAYBE LESS OF A, YOU KNOW, A DOCK IN THE BOX ER, LIKE, YOU KNOW, THAT USED TO BE A WALGREENS OR SOMETHING AS OPPOSED TO A LARGE BUILDING LIKE THIS, WHICH HAS A LOT OF PEDESTRIAN MM-HMM
AND VEHICLE TRAFFIC IN FRONT OF IT MIGHT NEED IT A LITTLE MORE.
UM, I WOULD SAY YES, WE WOULD JUST NEED TO WORK WITH LEGAL TO MASSAGE THE DEFINITION SO WE DON'T BROADEN IT TOO MUCH SO THAT DENTIST OFFICE AND CHIROPRACTORS WILL ALSO HAVE.
SO I THINK IT, YES, IT IS POSSIBLE.
UM, WE WOULD JUST NEED TO WORK WITH LEGAL TO FIT IT IN SO THAT WE ARE STILL CLEARLY DEFINING WHO WOULD AND WOULD NOT NEED TO COMPLY WITH THIS REQUIREMENT.
AND GREAT PRESENTATION BY THE WAY.
[03:00:01]
OKAY.WE'RE AT THE END OF OUR, UM, EIGHT SPOTS FOR QUESTIONS.
ALTHOUGH FOR CODE ARE WE, WE HAD EXPANDED THAT TO YES, ALL 13.
IF ANYBODY ELSE HAS QUESTIONS PER OUR INTERIM RULES, WE, WE DO HAVE A SPOT FOR EVERYONE.
UM, CHAIR, I BELIEVE COMMISSIONER SKIDMORE'S TRYING TO REJOIN.
IF SOMEONE WANTS TO CHECK ON IT, SHE'S HERE.
UM, WELL WE ARE LOOKING AT A CODE PROCESS.
UM, SO NORMALLY WE WOULD BEGIN THE MOTION WITH THE, THE BASE MOTION WOULD BE STAFF RECOMMENDATION.
UM, SO I'LL GO AHEAD AND START THIS BY MAKING A MOTION, UM, TO MOVE FORWARD WITH STAFF RECOMMENDATION AS POSTED IN THE BACKUP.
UM, SO THAT OPENS US UP FOR, UM, MAKING AMENDMENTS.
SO COMMISSIONER JOHNSON, UH, YEAH, CHAIR.
JUST ONE SMALL, UH, TEXT AMENDMENT.
I NOTICED THERE WAS A, A TYPO IN THE DEFINITION OF PEDESTRIAN ENTRY.
UH, SO IT WOULD JUST BE OFFERING AN AMENDMENT TO CORRECT THE SPELLING OF THE WORD PEDESTRIAN.
UM,
UH, WOULD YOU LIKE TO SPEAK TO YOUR MOTION? UH, NO.
YEAH, IF THERE'S NO OPPOSITION TO THIS, UH, UH, TYPO CHANGE, UM, THAT MOTION THAT AMENDMENT WILL BE ADDED.
UM, OTHER AMENDMENTS, UH, COMMISSIONER MAXWELL, UM, I'D ACTUALLY LIKE TO MAKE A MOTION TO POSTPONE THIS CONSIDERATION FOR TONIGHT.
OKAY, I SEE A SECOND FROM VICE CHAIR.
WOULD YOU LIKE TO SPEAK TO YOUR MOTION? CAN WE DEFINE A DATE? YES.
UM, I, I, I'LL GO AHEAD AND SAY DATE CERTAIN AT THE END OF JANUARY.
THAT'S THE 28TH, IS THAT THE CORRECT, THAT'S THE, FOR THE 28TH OF JANUARY.
UM, I, I'LL BE HONEST, I HAD CONCERNS ABOUT THIS ITEM FOR A WHILE.
I'VE HEARD FROM SEVERAL FA UM, FOLKS WHO ARE OBVIOUSLY, UM, SHALL WE SAY LOVE BOLLARDS FOR VARIOUS REASONS AND FOR THE SAFETY THEY PROVIDE.
AND WE'RE EXCITED TO SEE A BOLLARD ITEM COME FORWARD, BUT THEN VERY DISAPPOINTED QUITE HONESTLY IN THE NARROW SCOPE OF THIS.
AND THEN AS WE'VE HEARD OUR COMMISSIONER'S QUESTIONS, IT JUST SEEMS LIKE THERE'S A LOT OF UNANSWERED ISSUES.
UM, I AM PARTICULARLY CONCERNED, I THINK BECAUSE THIS IS DUE TO CODE OF COUNSEL ON THURSDAY.
SO SOME OF THE LEGAL AND SORT OF NUANCED QUESTIONS THAT HAVE BEEN ASKED HERE DOES NOT SEEM LIKE THERE'S GONNA BE CHANCE TO ACTUALLY ADDRESS THOSE SUBSTANTIVELY.
AND I THINK MORE BIG PICTURE IS THAT I WOULD LIKE TO SEE AN ITEM THAT CONSIDER SOME OF THESE OTHER FACILITIES THAT WE'VE BEEN TALKING ABOUT, PERHAPS BROADENS IT.
AND I UNDERSTAND THAT THAT WASN'T IN THE ORIGINAL ORDINANCE, BUT AS MUCH AS POSSIBLE MAKES IT A MORE HOLISTIC LOOK AT HOW WE CAN PROTECT PEOPLE BETTER IN AND AROUND EMERGENCY FACILITIES, I THINK WOULD BE MUCH MORE WORTHWHILE AND SORT OF POTENTIALLY WHAT THIS BODY WOULD BE INTERESTED IN SUPPORTING.
SO THAT'S WHY I'M SUGGESTING A POSTPONEMENT.
ANYBODY SPEAKING AGAINST THE POSTPONEMENT OR FOR VICE CHAIR? THANK YOU CHAIR.
I, I'LL BE HONEST, I THINK, UH, WHEN I HAD COME HERE LOOKING AT THE BACKUP, I, I WAS, I, I FELT LIKE THIS WAS AN ITEM THAT MADE SENSE AND EVERYTHING AND I, AND I DO WANNA REALLY APPRECIATE BOTH COMMISSIONER SKIDMORE AND CHAIR CO RAISING SOME OF THEIR REALLY CRITICAL ISSUES ON SORT OF LIKE HOW ER ACCESS WORKS, HOW IT'S SORT OF SEPARATE FROM SORT OF REGULAR PEDESTRIAN ACCESS.
WHAT DOES THAT LOOK LIKE? I, I DO THINK THAT'S AN ISSUE THAT WE WOULD WANNA SORT OF DIG MORE INTO AND THINK ABOUT.
HOPEFULLY THAT'S SOMETHING STAFF CAN LOOK AT INTO.
I KNOW I, GIVEN THE TIME, I KNOW I WILL HAVE THE OPPORTUNITY TO LOOK INTO THAT AS WELL BECAUSE I, I THINK THAT'S VERY MUCH THE INTENT HERE IS TO ADD MORE SAFETY, NOT ADD AN IMPEDIMENT TO EMERGENCY SERVICES.
WE, THAT'S NOT WHAT WE'RE TRYING TO DO HERE, SO WE WANNA MAKE SURE THAT WE'RE DOING IT FINE.
AND I WILL BE HONEST, I THINK I'M STILL THINKING, REALLY TRYING TO WRAP MY HEAD AROUND THE DEFINITION OF MEDICAL FACILITIES AND HOW THAT'S BEING CONSIDERED AS WELL.
SO THANK YOU COMMISSIONER HAYNES FOR CLARIFYING THAT.
BUT I'LL BE HONEST, LIKE A LOT OF FACILITIES THAT I'M THINKING OF ARE NOT THE LARGER MEDICAL FACILITIES 'CAUSE THEY ARE IN STRIP MALLS.
THOSE ARE THE ONES WHERE YOU REALLY HAVE CLEAR ACCESS, VEHICULAR ACCESS INTO THE FRONT OR THE ENTRANCE OF A, OF A BUILDING.
I'M THINKING MORE OF OUR HOSPITALS OR EMERGENCY ROOMS THAT I'VE HAD TO GO TO FOR ONE REASON OR ANOTHER AND THEY JUST HAVE DIFFERENT KIND OF ACCESS.
SO I'M JUST, I'LL BE HONEST, I'M JUST TRYING TO UNDERSTAND HOW THAT ALL COMES TOGETHER AND TO MAKE SURE THAT WE'RE DOING THE BEST AND MAKING, UH, PROVIDING, YOU KNOW, EXTRA SECURITY THROUGH ZONING MEANS, BUT ALSO ENSURING THAT WE'RE NOT IMPEDING OUR MEDICAL SERVICES BECAUSE THAT'S NOT WHAT WE WANT TO DO.
SO JUST TRYING TO MAKE SURE, IS, IS THE CODE THE BEST WAY TO SOLVE THIS PROBLEM? IS THERE A STATE PROBLEM? IS THERE A FEDERAL LEVEL? I DON'T KNOW, BUT I THINK I JUST, I APPRECIATE COMMISSIONER MAXWELL THE TIME, BECAUSE
[03:05:01]
I THINK I NEED TO LOOK MORE INTO THIS THAN I WAS FIRST, UM, THINKING BEFORE COMING HERE.ARE THERE COMMERS SPEAKING FOR, AGAINST COMMISSIONER COX? Y'ALL, Y'ALL KNOW ME, UH, WELL ENOUGH BY NOW.
I LOVE A GOOD POSTPONEMENT, SO I'M NOT OPPOSED TO THE POSTPONEMENT.
UM, BUT I WOULD, I, I WAS GONNA MAKE AN AMENDMENT TO THE ORIGINAL MOTION TO, TO BASICALLY HAVE STAFF CONSIDER ADDITIONAL FACILITIES OF, OF, OF A SIMILAR NATURE.
UM, BUT I WOULD ENCOURAGE US AND STAFF BETWEEN NOW AND WHEN WE VOTE ON THIS TO, TO TRY TO KEEP THIS AS SIMPLE AS POSSIBLE.
UM, WE HAVE A LOT OF VALID CONCERNS, BUT I THINK SOMETHING LIKE THIS CAN REALLY BE ACCOMPLISHED EFFECTIVELY THROUGH SIMPLY, UH, ADMINISTRATIVE REVIEW AND ADMINISTRATIVE, UH, VARIANCES OR WHATEVER YOU WANT TO CALL IT.
UM, OBVIOUSLY IF IT DOESN'T MAKE SENSE TO DO BALLARDS, IT DOESN'T MAKE SENSE, AND WE SHOULD, WE SHOULD ALLOW STAFF TO, TO, TO MAKE THOSE CONSIDERATIONS AND MAKE THOSE JUDGEMENTS.
BUT I DO THINK THAT IN 99% OF THE CASES, THESE BOLLARDS, WHICH ACTUALLY, IF YOU LOOK UP THE, THE NEWS ARTICLES FROM K-K-X-A-N, THEY SHOW YOU THE BOLLARDS THAT THEY INSTALLED AT THE HOSPITAL THAT HAD THIS ACCIDENT.
THEY'RE, THEY'RE, THEY'RE REALLY ONLY ABOUT SIX TO EIGHT INCHES IN DIAMETER.
AND SO THEY CAN FIT IN A LOT OF REALLY TIGHT SPACES.
SO I WOULD, I WOULD ENCOURAGE STAFF WITH THIS POSTPONEMENT THAT I, I ASSUME WE'RE GONNA APPROVE TO, TO TRY TO DEVELOP A, A SOMEWHAT FLEXIBLE WAY TO IMPLEMENT THIS SO THAT IT DOESN'T GET BOGGED DOWN IN A BUNCH OF NITTY GRITTY DETAILS AND ENDS UP PREVENTING US FROM ACHIEVING THE SAFETY THAT, THAT WE'RE HOPING TO ACHIEVE.
VICE CHAIR, UM, I JUST HAVE A CLARIFYING QUESTION, MS. PAGE, OR I DON'T KNOW WHO CAN HELP US ANSWER THIS.
UM, I KNOW COUNCIL HAD, UH, SPECIFICALLY ASKED TO FOCUS ON MEDICAL FACILITIES.
UM, IF WE WERE TO THINK OF OTHER SIMILAR USES, YOU KNOW, AS COMMISSIONER MAXWELL WAS SAYING THAT WE HAVE, YOU KNOW, FOLKS WHO HAVE ASKED FOR MORE, DOES THAT REQUIRE A SEPARATE INITIATION OR CAN THAT BE, AND I CAN ASK THIS LATER AS WELL.
I'M JUST TRYING TO UNDERSTAND BECAUSE I THINK WE'RE, I JUST WANNA MAKE SURE IF WE'RE ASKING YOU TO LOOK AT THINGS MORE COMPREHENSIVELY THAT WE INDEED HAVE GIVEN YOU THE TOOLS TO DO THAT, BUT THAT MAYBE THAT'S A SEPARATE CONVERSATION CHAIR.
YEAH, I, I WOULD NOT KNOW HOW TO ANSWER THAT DIRECTLY AT THIS TIME.
UM, IF YOU HAD MADE AN AMENDMENT TO THE RESOLUTION AS IN ADVANCED IT, THAT COULD HAVE BEEN THE DIRECTION FOR US TO EXPLORE OR FOR COUNSEL TO DIRECT US TO EXPLORE FURTHER.
ANYBODY ELSE SPEAKING FOR COMMISSIONER JOHNSON? UH, YEAH, I'D LIKE TO SPEAK AGAINST POSTPONEMENT.
I HONESTLY, I JUST FEEL LIKE READING THIS ORDINANCE AS DRAFTED, IT IS QUITE FLEXIBLE.
IT DOES GIVE STAFF DISCRETION TO WAIVE THE REQUIREMENT IF THEY THINK THAT EXISTING STRUCTURES OR DESIGNS COMPLY TO A WORK WITH APPLICANTS FOR ALTERNATIVE COMPLIANCE.
I MEAN IT IN SOME WAYS, MAYBE IT'S TOO BROAD
UM, ANYONE ELSE SPEAKING REALLY JUST HAVE TWO MORE SPOTS AGAINST, OKAY.
LET'S GO AHEAD AND TAKE A VOTE ON THIS.
THIS IS TO POSTPONE THIS ITEM UNTIL JANUARY 28TH.
UM, ALL OF THOSE IN FAVOR, THAT'S, UH, IS THAT GREEN COMMISSIONER COX? IT JUST LOOKS WHITE.
UM, THOSE AGAINST, UM, UM, ARE YOU MISSING ANYONE? THAT'S 12.
DO WE ONLY HAVE TWELVES THIS EVENING? YES.
SO THAT MOTION PASSES, UM, NINE TO THREE, UM, WITH COMMISSIONERS, PHILLIPS, HAYNES AND JOHNSON.
CHAIR, CAN WE GET A, A RECOUNT ON THAT PLEASE?
OH, MR. HANEY, WHERE ARE, WHERE ARE YOU AT? 1, 2, 3, 4, 5, 6, 7, 8, 9.
AND THEN AGAINST, OH, ABSTAIN WERE YOU, WERE, YOU'RE AGAINST.
[03:10:01]
I NEED TO BE LOUD AND PROUD OF THAT.UM, COMMISSIONER PHILLIPS, JOHNSON, HAYNES, AND HANEY VOTING NAY.
UM, WE'LL HEAR THIS ONE BACK ON JANUARY 28TH.
UM, WE'RE THROUGH OUR DISCUSSION ITEMS. UM, MOVING
[WORKING GROUP/COMMITTEE UPDATES]
ON TO WORKING GROUP AND COMMITTEE UPDATES.THE, UM, WE'LL START OFF WITH CODES AND ORDINANCES, JOINT COMMITTEE.
UM, WE ARE PLANNING TO MEET NEXT WEEK.
THERE ARE NO CODE AMENDMENT ITEMS, BUT WE ARE HEARING A COUPLE OF ITEMS THAT HAVE BEEN BROUGHT BY MEMBERS OF THAT JOINT COMMITTEE, UM, INCLUDING, UM, UH, THE, THE ITEM ABOUT, UH, COMMERCIAL USES IN, IN RESIDENTIAL, UM, IMAGINE AUSTIN USES.
AND, UH, MOVING ON TO COMPREHENSIVE PLAN JOINT COMMITTEE.
SO I GUESS I WAS NOT HERE TWO WEEKS AGO, BUT, UH, JUST GIVING AN UPDATE FROM THAT, UH, MEETING WITH JSC, WE COVERED, UM, WE, WE, WE WENT AND TALKED ABOUT AND TALKED TO THE CITY DEPARTMENT ABOUT THEIR TREE ORDINANCE AND THE PROTECTIONS AROUND THAT.
UH, AND THEN LAST WEEK WE TALKED ABOUT, UM, ESSENTIALLY THE UPDATING ON THE AUSTIN CLIMATE EQUITY PLAN AS, AS WELL AS SOME OF THE OTHER THINGS AROUND THE, UH, CITY PURSUING A LOW CARBON TRANSPORTATION MATERIALS GRANT.
SO THOSE WOULD BE THE COUPLE OF UPDATES I WOULD HAVE FROM, FROM THAT COMMITTEE.
IT'S COMMISSIONER RAMIREZ AND HOWARD.
SOUTH CENTRAL WATERFRONT, UM, NO MEETING AUSTIN BUILDINGS WORKING GROUP, UM, CHAIR.
NOTHING TO REPORT AT THIS TIME.
OUTREACH AND PROCEDURES WORKING GROUP.
NO MEETING, UH, 2024 TECHNICAL BUILDING CODE.
UH, I HAVE UPDATES OF, IT SOUNDS LIKE SOME OF THESE ITEMS WILL BE COMING BACK THROUGH BOARDS AND COMMISSIONS FOR ADDITIONAL REVISIONS, UH, STARTING IN DECEMBER AND JANUARY AND WE ARE EXPECTING TO SEE THEM AT COUNCIL IN MARCH.
SO IF THEY DO, PARTS OF THEM WILL BE HEARD HERE AT COM.
UM, PLANNING COMMISSION, UM, I WILL DEFINITELY KEEP THAT FLAG FOR EVERYBODY.
AND FINALLY, THE GOVERNANCE RULES AND PROCEDURES, WORKING TREATMENTS.
UH, YES, WE DID HAVE A MEETING A FEW WEEKS AGO, UH, AND DISCUSSED, UH, SOME FIRST STEPS AT DRAFTING, UH, UPDATED RULES.
UH, I'LL APOLOGIZE TO THE, UH, MEMBERS OF THE WORKING GROUP WHO WERE NOT ABLE TO ATTEND THE MEETING.
UM, I PROMISE AND WE'LL GET OUR NEXT MEETING SCHEDULED AS WELL.
[FUTURE AGENDA ITEMS]
UM, WE'LL MOVE ON TO ANY FUTURE AGENDA ITEMS TO BE LISTED.SHARE, UH, LAST NIGHT AT BOA WE HAD TWO CASES BEFORE US THAT I REALLY FELT LIKE SHOULD HAVE BEEN CAUGHT UNDER HOME OR HOME.
TWO, UH, WANTED TO ASK IF IT WOULD BE POSSIBLE TO CONSIDER MAYBE A WORKING GROUP TO CONSIDER ADDING MAYBE SOME ADDITIONAL LANGUAGE OR TWEAKING HOME TO ADD.
UH, LIKE ONE OF OUR CASES WAS A 5,200 SQUARE FOOT SF THREE THAT WANTED TO PUT TWO UNITS ON IT AND WE HAD TO DO SOME SETBACK, UH, VARIANCES FOR THAT ONE.
SO JUST, IT'S, IT'S LITTLE THINGS LIKE I FEEL THAT COULD BE COVERED MORE BROADLY UNDER HOME OR HOME TWO, INSTEAD OF HAVING TO MAKE THESE PEOPLE COME AND APPLY FOR VERY EXPENSIVE VARIANCES.
WE WILL, UH, WELL LET'S LOOK FOR A CO-SPONSOR ON THAT.
UM, I DON'T KNOW ACTUALLY IF WE NEED TWO COMMISSIONER PLANNING COMMISSIONERS ON THAT.
I BELIEVE, I THINK COX HAD IS HAND RAISED AS WELL, SO, SORRY.
SO COX AND SKIDMORE, OTHER FUTURE AGENDA ITEMS?
UM, RELATED TO THE TECHNICAL BUILDING CODES AM MY UNDERSTANDING IS THE, THE
OTHER ITEMS? ANY UPDATE ON MY GAS STATIONS?
UM, CHAIR, CHAIR, UH, COMMISSIONER
[03:15:01]
COX? YES.NOT AN ITEM, BUT JUST, UH, CONFIRMING OUR NEXT MEETING.
THE 17TH IS AT 5:00 PM AND IT'S CONSENT ONLY.
IS THAT CORRECT? THAT IS CORRECT.
WE'RE IN OUR HOLIDAY TIME, SO, UM, SORRY.
YES, IT IS 5:00 PM PM SO NOT PM THE REGULAR 6:00 PM PM 5:00 PM JUST TO REMIND YOU TO FOLKS.
WE'LL BE, UM, WELL TYPICALLY WE'RE IN THE BOARDS AND COMMISSIONS ROOM IF YOU'RE HERE IN PERSON FOR THOSE SHORTER MEETINGS.
ARE THERE ANY OTHER ITEMS? I DON'T WANT, MAKE SURE I DON'T MISS ANYBODY MR. PHILLIPS? SO A, A WHILE BACK I HAD ASKED FOR, UM, A REPORT ON THE AFFORDABLE HOUSING AND HOW WE WERE DOING IN TERMS OF MEETING THE GOALS.
UM, ARE WE, UM, YOU KNOW, ARE WE MAKING PROGRESS? ARE WE STANDING STILL? ARE WE, UH, KIND OF, UM, GOING BACKWARDS, JUST AN OVERALL VIEW? DO, DO WE KNOW THE STATUS OF THAT? 'CAUSE WE HAD TALKED ABOUT THAT A COUPLE OF TIMES AND YEAH.
MONTHS AGO, AND WE'RE STILL NOT ANYWHERE NEAR GETTING THAT BRIEFING.
WE HAVE A COM, A COMPILATION OF, OF THE BRIEFINGS THAT HAVE BEEN REQUESTED.
AND I WILL REVISIT THAT AGAIN WHEN WE MEET WITH STAFF TO SEE WHERE WE ARE.
UM, SO THEY'VE BEEN DIFFICULT TO PIECE IN WITH ALL THE CODES THAT WE HAVE COMING THROUGH.
TYPICALLY WE HAVE THE, THE SPECIAL CALLED MEETING IF THERE'S A FIFTH TUESDAY WHERE WE CAN GET SOME BRIEFINGS.
BUT THANK YOU FOR THE REMINDER.
UM, WE'LL SEE WHERE THAT CAN FALL ON OUR, OUR CALENDAR FOR NEXT YEAR.
ANY OTHERS? WELL, I'LL ASK FOR MINE TOO, WHEN YOU'RE ON THAT LIST.
THE HOME? YES, I HAVE THAT ON YOUR LIST.
IT'LL IT'LL BE, IT'LL BE NINE MONTHS IN, IN JANUARY.
YEAH, WE'LL GET THE SIX MONTHS AND NINE MONTHS, MAYBE 10 MONTHS.
HONESTLY, THIS IS JUST A COMMENT.
UH, COMMISSIONER HANSEN MAKES YOU FEEL BETTER.
UM, THERE WAS DATA I REQUESTED ON HISTORIC PRESERVATION IN 2019.
I'M STILL WAITING ON THAT, SO I'LL RECEIVE IT AT SOME POINT.
UM, IF THERE'S NOTHING ELSE, UM, I'LL ADJOURN OUR MEETING AT 9:28 PM THANK YOU.