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[00:00:03]

I'M GONNA ADJOURN.

I MEAN, CALL THIS MEETING TO ORDER.

[CALL TO ORDER]

UH, WE'LL START WITH, UH, ROLE, UH, VICE CHAIR MINORS PRESENT.

UH, COMMISSIONER CARROLL PRESENT.

COMMISSIONER GILLIS PRESENT.

COMMISSIONER HOWARD PRESENT.

COMMISSIONER LADNER PRESENT.

COMMISSIONER LUKINS PRESENT.

COMMISSIONER MCKINNEY PRESENT.

COMMISSIONER WALLACE PRESENT AND COMMISSIONER RE HERE AND VAC.

WE HAVE VACANCY AT DISTRICT SIX, IF ANYONE KNOWS ANYONE INTERESTED IN THAT DISTRICT NORTHWEST QUADRANT.

UM, ANY PUBLIC COMMUNICATION CHAIR? NO.

HAS SIGNED UP FOR PUBLIC COMMUNICATION.

ALL RIGHT.

WE'LL MOVE TO THE APPROVAL

[APPROVAL OF MINUTES]

OF THE MINUTES FROM OUR LAST MEETING ON DECEMBER 9TH.

IS THERE A MOTION TO APPROVE? MINUTES? MOTION TO APPROVE.

ALL RIGHT.

DO I GET IT? SECOND.

ALL RIGHT.

COMMISSIONER WALLACE WAS THE SECOND.

UH, ALL IN FAVOR? ANYONE OPPOSED? ALL RIGHT.

AND COMMISSIONER GALA DIDN'T VOTE, CORRECT? CORRECT.

ALRIGHT.

ALL RIGHT.

OUR FIRST ITEM IS A STAFF

[2. Staff briefing regarding the process and implementation of the Downtown Density Bonus Program, including the Design Commission and Staff review process for compliance with the Urban Design Guidelines. Presented by Jorge Rousselin, Planning Department. Sponsors: Chair Salinas and Commissioner Howard.]

BRIEFING, UH, REGARDING THE PROCESS OF IMPLEMENTATION OF THE DOWNTOWN DENSITY BONUS PROGRAM, UM, INCLUDING THE DESIGN COMMISSION STAFF REVIEW PROCESS FOR COMPLIANCE WITH URBAN DESIGN GUIDELINES PRESENTED BY JORGE LIN.

THE FLOOR IS YOURS, JORGE, CHAIR COMMISSIONERS.

GOOD EVENING.

JORGE LAN WITH THE PLANNING DEPARTMENT.

AND WE DO HAVE A PRESENTATION THIS EVENING THAT WAS ALSO PART OF YOUR BACKUP MATERIAL.

WE'LL ASK THAT THAT BE BROUGHT UP PLEASE.

AND I DON'T HAVE A CLICKER, SO I APOLOGIZE.

I'M GONNA BE SAYING NEXT SLIDE, IF YOU WILL INDULGE ME IN SOME LEEWAY ON THAT.

UH, AS WE ARE BRINGING UP THE PRESENTATION, JUST TO CAVEAT THAT THERE, THERE IS NO PERFECT PROCESS TO ACHIEVING COMPLIANCE WITH THE URBAN DESIGN GUIDELINES.

SO I WANNA PREFACE OUR PRESENTATION THIS EVENING BY SAYING WE DON'T BELIEVE WE HAVE IT ALL FIGURED OUT, BUT, UH, WE HAVE FOUND A CERTAIN AMOUNT OF SUCCESS WITH THE PROCESS THAT WE'LL BE DISCUSSING THIS EVENING THAT WE FULLY UNDERSTAND STILL NEEDS, UH, SOME IMPROVEMENTS.

SO WITH THAT CAVEAT, WE'RE HAPPY TO BRIEF YOU ON THE PROCESS THAT STAFF TAKES IN TERMS OF THE STEPS AND THE MOSTLY ON PROCESS, UH, AS WELL AS HOW WE HAVE FOUND SUCCESS IN A DIALOGUE WITH THE APPLICANT.

SO WE'LL GO AHEAD AND GET STARTED HERE IN A SECOND WHEN THE PRESENTATION COMES UP.

THANK YOU.

NEXT SLIDE, PLEASE.

SO TONIGHT WE'LL BE DISCUSSING, UH, AND BRUSHING UP ON SOME OF THE REQUIREMENTS THAT YOU FIND IN CITY CODE REGARDING THE DOWNTOWN DENSITY BONUS PROGRAM.

WE'LL TALK ABOUT AN OVERVIEW OF THE STAFF PROCESS AS WELL AS THE INTEGRATION OF THE COMMISSION'S RECOMMENDATIONS AND REVIEWS AND COMMENTS, SOME EXAMPLES OF HOW THE MOST RECENT RECOMMENDATIONS OF THE COMMISSION HAVE COME TO FRUITION, AS WELL AS THE WHAT COORDINATION AND DIALOGUE HAPPENS WITH THE APPLICANTS IN ORDER TO REACH COMPLIANCE.

WE'LL TAKE A LOOK AT SOME CASE STUDIES, UH, RECENT, UH, SITE PLANS AND SOME THAT HAVE COME IN IN THE PAST AS WELL.

SO YOU CAN KIND OF COMPARE AND SEE HOW STAFF WORKS WITH THE APPLICANT TO INFUSE SOME OF THOSE RECOMMENDATIONS.

NEXT SLIDE PLEASE.

SO, AS, AS A REMINDER THAT THE, THE CITY CODE HAS PUT IN PLACE THAT THE PROCESS FOR ACHIEVING A DOWNTOWN DENSITY BONUS, UH, PROGRAM REQUEST IS AN ADMINISTRATIVE PROCESS UP TO THE LIMITS THAT ARE OUTLINED IN CHAPTER 25 2 5 8 6.

THERE'S AN ADMINISTRATIVE PROCESS AND THERE'S ALSO A LEGISLATIVE PROCESS THAT WHEN A PROJECT SEEKS ADDITIONAL ENTITLEMENTS BEYOND THE BASE AND ADMINISTRATIVE PORTIONS OF THE PROGRAM, THOSE GO TO THE PLANNING COMMISSION AND COUNCIL WITH A STAFF RECOMMENDATION AND A DESIGN COMMISSION RECOMMENDATION AS WELL.

WHEN IT COMES TO THE PROGRAM REQUIREMENTS OR SUBMITTAL REQUIREMENTS, THOSE ARE FOUND UNDER THE GATEKEEPER ELEMENTS

[00:05:01]

THAT YOU SEE ON YOUR SCREEN.

AND THEY'RE ALSO PART OF THAT SPECIFIC CODE SECTION THAT YOU SEE.

THERE ARE NO SUCH THING AS MINIMUM REQUIREMENTS, THEY'RE JUST CODE REQUIREMENTS.

AND THESE ARE, THESE ARE NOT SOMETHING THAT, UH, STAFF HAS COME UP WITH.

THEY'RE ACTUALLY OUTLINED IN THE CODE.

AND, AND I UNDERSTAND THE COMMISSION IS INTERESTED IN EXPLORING WAYS TO STRENGTHEN THE REQUIREMENTS, UH, WHICH COULD POTENTIALLY BE PERHAPS PART OF A RECOMMENDATION YOU WISH TO FORWARD TO THE COUNCIL.

IN TERMS OF THE ROLE OF THE DESIGN COMMISSION, THE CODE IS, UH, EXPRESSLY CLEAR AND DIRECT, UH, AS TO THE DESIGN COMMISSION SHALL EVALUATE AND MAKE RECOMMENDATIONS, AND THOSE RECOMMENDATIONS ARE FORWARDED TO THE STAFF, TO THE DIRECTOR OF PLANNING, WHICH ARE ALSO SHARED WITH THE APPLICANT.

AND THERE'S EXPLICIT DIRECTION GIVEN TO BOTH THE COMMISSION AND THE STAFF AS TO WHAT TO DO WITH THOSE RECOMMENDATIONS.

AND THE, THE ROLE OF THE COMMISSION IS TO EVALUATE WHETHER THE PROJECT COMPLIES WITH THE URBAN DESIGN GUIDELINES AND THE DIRECTOR OR STAFF SHALL CONSIDER THOSE COMMENTS AND RECOMMENDATIONS OF THE DESIGN COMMISSION.

SO IN FAR, AS FAR AS THE TECHNICAL PROCESS GOES, WE ARE NOT COMMENCING THE EVALUATION OF THOSE PROJECTS UNTIL WE HAVE A RECOMMENDATION FROM THE COMMISSION.

THE EMPHASIS ON THIS SLIDE IS FROM STAFF.

OBVIOUSLY, THIS IS NOT THE WAY THE CODE IS WRITTEN.

NEXT SLIDE, PLEASE.

UH, I WILL NOT READ THIS PROCESS TO YOU THAT'S INCLUDED IN YOUR BACKUP.

BUT OF NOTE IS THAT WHEN AN APPLICANT MEETS WITH STAFF AT THE COMMENCEMENT OF THIS PROCESS, WE HAVE FOUND MUCH GREATER SUCCESS WHEN WE ARE ABLE TO DISCUSS WITH AN APPLICANT, UH, ROLES, EXPECTATIONS, AND ESSENTIALLY WHAT TO, UH, EXPECT WHEN PRESENTING TO THE DESIGN COMMISSION.

UH, YOU'VE SEEN EVIDENCE OF THAT WITH SOME PROJECTS THAT ARE ABLE TO GIVE YOU A FULL PRESENTATION WITH VAST AMOUNT OF INFORMATION.

AND SOME PROJECTS CHOOSE NOT TO HAVE THIS, UH, WHAT WE CALL PRE-APPLICATION CONFERENCE.

WE ARE WORKING TO IMPROVE OUR PROCESS TO MAKE THIS MANDATORY SO THAT ANY PROJECT THAT WISHES TO COME BEFORE THE COMMISSION AS WELL AS THE STAFF, WOULD BE REQUIRED TO GO THROUGH AT LEAST SOME LEVEL OF PRE-APPLICATION PROCESS.

NOW, I WANNA NOTE THAT THERE IS NO OFFICIAL APPLICATION PROCESS FOR A DOWNTOWN DENSITY BONUS PROGRAM BECAUSE THAT WOULD FALL UNDER A FEE SCHEDULE.

AND AS YOU WILL NOTE, THERE IS NO FEE TO PROCESS CURRENTLY A DOWNTOWN DENSITY BONUS PROGRAM REQUEST.

SO WE CALL IT AN APPLICATION, BUT IT'S MORE OF A PROCESS AFTER THAT.

AND THAT IS ESSENTIALLY A PROCESS THAT GOES BACK AND FORTH BETWEEN STAFF AND THE APPLICANT.

USUALLY ONE MEETING WILL SUFFICE.

UH, OFTENTIMES THERE ARE FOLLOW UP QUESTIONS THAT ARE PRESENTED TO STAFF IN TERMS OF THE PROCESS.

SOON AFTER THAT, OR PERHAPS AT THE SAME TIME, A SITE DEVELOPMENT PERMIT IS FILED WITH THE CITY.

AND THAT IS THROUGH DEVELOPMENT SERVICES BY WHICH IT GOES TO A MULTITUDE OF REVIEW DISCIPLINE, WHICH MANY OF YOU IN THIS ROOM HAVE QUITE AN EXTENSIVE AMOUNT OF EXPERIENCE GOING THROUGH.

THEN ESSENTIALLY KIND OF BREAKS UP IN THE TWO PROCESSES YOU HAVE.

THE GRAY STREET REVIEW COMMENCES FROM THE URBAN DESIGN TEAM AND THE PLANNING DEPARTMENT, AS WELL AS DESIGN COMMISSION, REVIEW AND RECOMMENDATION.

NEXT SLIDE, PLEASE.

THE STAFF IS AT, AT THIS TIME REVIEWING THE SUBMITTAL REQUIREMENTS TO BE ABLE TO SCHEDULE A WORKING GROUP, WHICH IS THE FIRST PASS OF A MEMBERSHIP OF THIS COMMISSION, TO REVIEW THE REQUEST ITSELF AND FORMULATE INPUT TO THE COMMISSION.

A WORKING GROUP INPUT IS NOT A RECOMMENDATION OF THE COMMISSION, AND ONCE THAT HAS BEEN FORMALIZED, THAT BECOMES PART OF THE SUBMITTAL THAT YOU OFTEN SEE APPLICANTS BRING TO THE COMMISSION ITSELF.

THE DESIGN COMMISSION WILL ISSUE AN EVALUATION UPON A PRESENTATION BY THE APPLICANT THAT WILL INCLUDE THAT, UH, REVIEW COMMENTS AND ANY RECOMMENDATIONS MOVING FORWARD.

NEXT SLIDE, PLEASE.

AND THAT IS, UH, REVOLVING AROUND THE COMPLIANCE OF THE URBAN DESIGN GUIDELINES.

AFTER ALL THAT HAS HAPPENED, STAFF COMMENCES THE REVIEW FOR COMPLIANCE, UH, SUBSTANTIAL COMPLIANCE WITH THE URBAN DESIGN GUIDELINES.

KEEP IN MIND THAT THE COMMISSION IS ASKED TO FIND COMPLIANCE WITH THE URBAN DESIGN GUIDELINES.

STAFF IS GIVEN THE ROLE OF SUBSTANTIAL COMPLIANCE.

THERE'S A DISTINCTION THERE.

UM, STAFF WORKS WITH THE APPLICANT IN ORDER TO UNDERSTAND HOW THE PROJECT CAN ACHIEVE AS MANY RECOMMENDATIONS OF THIS BODY TO BE INFUSED INTO THE SITE DEVELOPMENT PERMIT.

AND THAT'S IMPORTANT BECAUSE THAT IS THE ONE WAY WE'RE ABLE TO TRACK

[00:10:01]

MOVING FORWARD ANY CHANGES TO THE DESIGN, UH, ONCE COMPLETED, THAT GETS FORWARDED, UH, INTERNALLY, UH, WITHIN STAFF TO BE ABLE TO GENERATE A MEMO THAT GRANTS THE ACTUAL ENTITLEMENTS ON THE PROPERTY TIED TO A SPECIFIC SITE PLAN AS OUTLINED BY THE PROGRAM.

WHEN PROJECTS REQUIRE ADDITIONAL LEGISLATIVE ACTION, UH, BY THE COUNCIL, THE ORDINANCE ITSELF WILL REFERENCE THE SITE DEVELOPMENT PERMIT THAT HAS BEEN FILED IN REFERENCE TO THE ACCOMPANYING REQUEST FOR A DENSITY BONUS PROGRAM.

UH, REQUEST.

NEXT SLIDE, PLEASE.

SO WHEN IT COMES TO THE PROCESS, WE'D RELY ON THE SPECIFIC RECOMMENDATIONS OF THE COMMISSION, AND WE'LL TAKE A LOOK AT HOW SOME OF THOSE ARE STRUCTURED.

UH, AGAIN, NOTING THAT THE WORKING GROUP, UH, INPUT IS NOT THE DESIGN COMMISSION RECOMMENDATION.

NEXT SLIDE, PLEASE.

NEXT SLIDE, PLEASE.

THANK YOU.

WHEN LOOKING AT THE CONSTRUCT OF THE RECOMMENDATION LETTER, IT, IT'S IMPORTANT TO HAVE A CLEAR OUTLINE.

AND MOST OF THE LETTERS THAT WE'VE SEEN OF LATE ARE SPECIFIC AS TO THE, WHETHER THE PROJECT COMPLIES OR DOES NOT COMPLY WITH THE URBAN DESIGN GUIDELINES.

THAT IS KEY LANGUAGE THAT WE MOST DEFINITELY NEED FROM THIS BODY ENABLE, UH, IN ORDER TO BE ABLE TO WORK WITH THE APPLICANT TO EVENTUALLY REACH COMPLIANCE WITH THE URBAN DESIGN GUIDELINES.

O ONE AREA THAT, UH, WE BELIEVE COULD BE IMPROVED IS THE, THE LACK OF SPECIFIC ON DESIGN GUIDELINES.

TIE THEM TO SPECIFIC DESIGN GUIDELINES SO THAT STAFF COULD WORK WITH THE APPLICANT TO ADDRESS AS MANY GUIDELINES AS, UH, CAN SEE, UH, CAN BE INFUSED INTO THE PROJECT ITSELF IN ORDER TO BE FOUND SUBSTANTIALLY.

COMPLIANCE, UH, THIS PARTICULAR LE LETTER LACKS CLARITY ON WHAT IT WOULD TAKE TO ACHIEVE COMPLIANCE.

NEXT SLIDE, PLEASE.

AS OPPOSED TO A MORE RECENT LETTER THAT YOU SAW, WHICH CLEARLY OUTLINED SPECIFIC DESIGN GUIDELINES THAT WERE LACKING IN THE PROJECT, THIS IS EXTREMELY HELPFUL TO STAFF BECAUSE WE'RE ABLE TO CONCENTRATE ON SPECIFIC DESIGN GUIDELINES THAT YOU FOUND LACKING AND BE ABLE TO WORK WITH THE APPLICANT ON WHAT IT WOULD TAKE TO ACHIEVE SAID COMPLIANCE.

THERE'S ALSO SPECIF SPECIFICITY ON DESIGN ELEMENTS TO BE EXPLORED, WHICH IS FOUND AT THE CONCLUSION OF THE LETTER.

SO THIS TYPE OF FORMAT IS EXTREMELY HELPFUL FOR STAFF AND IT WAS FOUND NOT TO BE COMPLIANT WITH, UH, THE URBAN DESIGN GUIDELINES.

SO THIS WAS EXTREMELY HELPFUL.

NEXT SLIDE, PLEASE.

THEN THE PROCESS OF A DIALOGUE COMMENCES WITH THE APPLICANT.

YOU SEE HERE AN EXAMPLE OF A LETTER, UH, ADDRESS TWO STAFF TO TRY AND WORK OUT HOW THE APPLICANT WILL BE.

AND THE PROJECT WILL BE ADDRESSING THE URBAN DESIGN GUIDELINES.

AND WE GO DOWN THE LIST.

WE START WITH THE COMMISSION'S RECOMMENDATION.

SO THE COMMISSION'S RECOMMENDATION AND THE SPECIFICITY OF THE GUIDELINES THAT ARE LACKING IS THE STARTING POINT FOR THE STAFF REVIEW.

AND WE GO BACK AND FORTH WITH THE APPLICANT TO BE ABLE TO INFUSE SPECIFIC IMPROVEMENTS ONTO THE SITE DEVELOPMENT PLAN ITSELF IN THE FORM OF NOTES, FOR EXAMPLE, OR ACTUAL CHANGES TO THE SITE PLAN TO BE ABLE TO DOCUMENT THOSE.

NEXT SLIDE PLEASE.

THERE'S ALSO A DIALOGUE THAT CONTINUES WITH THE APPLICANT, WITH THE FORM OF THE MATRIX APPROACH, WHERE WE HAVE FOUND SUCCESS WITH CERTAIN PROJECTS TO BE ABLE TO LIST AND OUTLINE EACH SPECIFIC DESIGN GUIDELINE AND HAVE THE APPLICANT DEMONSTRATE WHETHER THEY FEEL THEY HAVE REACHED COMPLIANCE OR, OR NOT.

UH, SOME MAY NOT BE APPLICABLE, BUT IT'S NOT NECESSARILY A NUMERIC COUNT, MORE OF A QUALITATIVE APPROACH AS TO HOW THEY ARE MEETING AND DEMONSTRATING THE, THE PROJECT MEETING THOSE SPECIFIC GUIDELINES.

SO THIS TOOL HAS ALSO BEEN HELPFUL IN THE STAFF REVIEW TO BE ABLE TO POINT OUT AND DEMONSTRATE WHICH, UH, PARTICULAR GUIDELINES MAY BE LACKING IN THE PROJECT.

NEXT SLIDE, PLEASE.

SO WE'LL TAKE A REALLY QUICK LOOK AT SOME CASE STUDIES SO YOU CAN SEE THE DIFFERENCE BETWEEN WHAT WAS PRESENTED TO THE COMMISSION WITH AN ADDITIONAL CAVEAT THAT THE, THE REVIEW OF THE DESIGN COMMISSION ARE RECOMMENDATIONS FOR COMPLIANCE WITH THE URBAN DESIGN GUIDELINES.

THE COMMISSION IS NOT APPROVING OR DISAPPROVING A SITE DEVELOPMENT PERMIT, FOR EXAMPLE.

SO YOU MAY NOT SEE ALL THE ELEMENTS INFUSED INTO THE IMPLEMENTATION OF THE SITE PLAN, BUT YOU'LL SEE SOME NOTES BEING

[00:15:01]

ADDED THROUGHOUT THE PROCESS.

SO THE GOAL IS TO INCORPORATE THE COMMISSION AND STAFF RECOMMENDATIONS VIA THE SITE DEVELOPMENT PERMIT 'CAUSE THAT IS SOMETHING THAT IS TRACKED INTERNALLY AND WILL EVENTUALLY MOVE INTO THE PHASE OF BUILDING PERMIT AT THE TIME THAT THE SITE DEVELOPMENT PLAN IS APPROVED.

OFTENTIMES AFTER A SITE DEVELOPMENT PERMIT OR PLAN IS PRESENTED TO THE COMMISSION, IT'S GOT QUITE A WASTE TO GO IN TERMS OF BEING FINALIZED AND APPROVED FOR AN ACTUAL SITE DEVELOPMENT PERMIT.

DO CHANGES HAPPEN BETWEEN THE COMMISSION REVIEW AND FINAL SITE PLAN? ALMOST A HUNDRED PERCENT OF THE TIME, NOT QUITE A HUNDRED PERCENT, BUT NINE TIMES OUTTA 10.

YOU SEE CHANGES THAT HAPPEN THROUGHOUT THE PROCESS.

MOST OF THOSE ARE BASED ON DISCIPLINE REVIEW.

AUSTIN WATER, AUSTIN ENERGY, UH, NAME YOUR FAVORITE, UH, UTILITY MAY PROVIDE COMMENTS.

UH, THE URBAN DESIGN REVIEW FOR GRAY STREET COMPLIANCE MAY ALSO MODIFY SOMETHING.

SO WHAT WE ARE LOOKING FOR IN TERMS OF COMPLIANCE WITH THE URBAN DESIGN GUIDELINES IS THE IMPACT TO THE ENTITLEMENT AND THE REQUEST THAT THE PROJECT IS SEEKING THROUGH THE PROGRAM ITSELF WHEN IT COMES TO HEIGHT AND FAR AND ACTIVATION AND TREATMENT OF THE GROUND FLOOR WITH THE PEDESTRIAN REALM.

NEXT SLIDE PLEASE.

YOU'LL SEE HERE THE FIRST EXAMPLE, ANDOVER BRASS STREET PROJECT, AND, AND THAT'S ALONG THE THIRD STREET.

NEXT SLIDE, PLEASE.

YOU'LL SEE THE DIFFERENCE OF WHAT WAS PRESENTED TO THE DESIGN COMMISSION, WHICH IS ON YOUR LEFT, AND WHAT WAS ACTUALLY APPROVED OR SUBMITTED IN THE SITE PLAN IN THE RIGHT.

FAIRLY SIMILAR, BUT I CAN'T TELL YOU WITH FULL CONFIDENCE THAT IS EXACTLY THE SAME.

ONE IS ILLUSTRATIVE, WHICH IF YOU RECALL, PART OF THE SUBMITTAL REQUIREMENTS IS A CONCEPTUAL SITE PLAN.

SO MOST OF YOU THAT HAVE PARTICIPATED IN THE PROGRAM THROUGH YOUR WORK WITH YOUR CLIENTS, KNOW QUITE WELL THAT NO ONE SUB SUBMITS A CONCEPTUAL SITE PLAN.

THE ONE THAT YOU SEE ON THE LEFT IS ABOUT AS CONCEPTUAL AS YOU CAN GET IN TERMS OF THE ILLUSTRATED PURPOSES OF WHAT THE REQUEST AND THE PROJECT IS TRYING TO CONVEY.

BUT WHAT YOU OFTEN SEE APPROVED IN PROCESS IS THE ONE ON THE RIGHT, WHICH IS THE ACTUAL SITE DEVELOPMENT PERMIT.

SO, FAIRLY SIMILAR.

NEXT SLIDE, PLEASE.

NEXT, YEAH.

THANK YOU.

HERE'S A DEPICTION OF, UH, THE ACTUAL RENDERING THAT WAS PRESENTED VERSUS WHAT, UH, WAS BEING CONSTRUCTED OR WAS CONSTRUCTED.

I BELIEVE THIS, THIS PROJECT HAS ALREADY BEEN CONSTRUCTED, UH, NOT EXACTLY THE SAME, AND I DON'T BELIEVE THERE'S ANY LANGUAGE IN THE CODE THAT REQUIRES THAT A RENDERING MATCH THE FINAL PRODUCT DUE TO NUMEROUS CHANGES THAT HAPPEN THROUGHOUT THE PROCESS.

THERE MAY BE SOME VARIATIONS ON WHAT YOU SEE IN THE FACADE MATERIAL, FOR EXAMPLE, OR THE NUMBER OF STORIES, UH, IN TERMS OF THE TREATMENT.

BUT YOU'LL HAVE ELEMENTS LIKE GREAT STREETS AT THE GROUND LEVEL THAT WILL TAKE PRECEDENT OVER A RENDERING THAT HAS BEEN SHOWN.

NEXT SLIDE PLEASE.

ANOTHER EXAMPLE IS SIX 17 COLORADO.

NEXT SLIDE.

HERE AGAIN, IS THE COMPARISON BETWEEN WHAT WAS SHOWN AT DESIGN COMMISSION AND THE FINAL SITE PLAN.

QUITE SIMILAR IN TERMS OF THE CONSTRUCT SLIGHT VARIATIONS THAT OFTEN HAPPEN AT TIME OF SITE PLAN UPDATES OR SITE PLAN CORRECTIONS.

NEXT SLIDE.

AND HERE'S THE DIFFERENCE BETWEEN WHAT WAS SHOWN IN THE RENDERING, IN WHAT WAS ACTUALLY BUILT.

UH, AGAIN, FAIRLY SIMILAR IN TERMS OF WHAT WAS SHOWN, PERHAPS SOME SLIGHT VARIATIONS ON SOME MATERIAL.

NEXT SLIDE.

HERE'S AN EXAMPLE OF THE STONE LAKE PROJECT ON FIFTH STREET.

NEXT SLIDE.

AGAIN, WHAT WAS SHOWN AT DESIGN COMMISSION AND WHAT WAS APPROVED IN THE SITE PLAN.

AND WHEN STAFF IS REVIEWING FOR COMPLIANCE, WE TAKE THE APPROVED SITE PLAN.

AND WHEN WE GO ON SITE TO INSPECT GRAY STREET ELEMENTS, WE ARE LOOKING AT THE ELEMENTS THAT WERE APPROVED ON THE SITE PLAN.

AND IT IS IMPORTANT FOR US TO NOTE ANY CHANGES THAT AFFECT THE SITE PLAN THROUGH THE INFUSION OF SPECIFIC URBAN DESIGN GUIDELINES.

BE ANNOTATED IN THE SITE PLAN ITSELF.

THAT FOR EXAMPLE, IF YOU HAVE AN ART ELEMENT OR AN ART PIECE THAT, THAT BE DESIGNATED IN THE SITE PLAN.

SO WHEN THE INSPECTION HAPPENS ON ON SITE WE'RE, WE WOULD BE ABLE TO IDENTIFY AN ART BASE.

THAT'S ONE EXAMPLE.

WE DON'T DELINEATE WHAT ART SHOULD BE, BUT CERTAINLY, UH, LOOKING FORWARD TO THE INPUT OF THE COMMISSION OF WHAT IT COULD BE IN TERMS OF A RECOMMENDATION.

NEXT SLIDE, PLEASE.

UH, HERE'S WHAT YOU HAVE A RENDERING.

AND UNFORTUNATELY

[00:20:01]

IT'S, IT HAS NOT BEEN BUILT YET, SO IT'S IN PROGRESS.

WE DON'T HAVE, UH, AN ACTUAL IMAGE SHOWING THE BUILT PRODUCT.

NEXT SLIDE.

UH, I BELIEVE THIS IS ONE IN RAINY, UH, THAT CAME THROUGH THE DESIGN COMMISSION, UH, IN 2020.

NEXT SLIDE.

AND AGAIN, WHAT WAS PRESENTED TO THE DESIGN COMMISSION UP TOP AND THE FINAL SITE PLAN AT, AT THE BOTTOM.

QUITE SIMILAR, SOME SLIGHT DIFFERENCES.

NEXT SLIDE.

AND HERE'S THE DEPICTION OF A RENDERING THAT WAS SHOWN AND THE WORK IN PROGRESS THAT'S UNDER CONSTRUCTION TODAY.

NEXT SLIDE.

SO, SO THE POINT TO TO KIND OF SUMMARIZE IS THAT STAFF RELIES SIGNIFICANTLY ON THE COMMISSION'S COMMENTS AND RECOMMENDATIONS WHEN CONSIDERING A DOWNTOWN DENSITY BONUS, UH, PROJECT.

UH, OUR REVIEW DOESN'T START TO RECAP UNTIL WE HAVE A RECOMMENDATION FROM THE COMMISSION.

AND, AND IN GOOD FAITH, BOTH THE STAFF AND THE APPLICANT TRY TO ADDRESS AS MANY OF THE COMMISSION'S RECOMMENDATIONS AS POSSIBLE.

NOT ALL MAKE IT.

UM, SOME, SOME ARE NOT ABLE TO BE INFUSED INTO THE DESIGN BASED ON THE DESIGN PROGRAM, FOR EXAMPLE.

BUT FOR, FOR THE MOST PART, WE HAVE FOUND SUCCESS IN THE DIALOGUE APPROACH.

UH, RATHER THAN SAYING YOU MUST MEET X NUMBER OF GUIDELINES, WE HAVE FOUND GREATER SUCCESS WITH THE DIALOGUE APPROACH AND THE MATRIX APPROACH.

THAT CONCLUDES MY PRESENTATION CHAIR.

HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU.

UM, ANY COMMISSIONERS HAVE ANY QUESTIONS? SORRY, COMMISSIONER CARROLL.

THANK YOU, CHAIR.

UH, THE ORDINANCE SAYS IF THE DESIGN OF A BUILDING CHANGES AFTER A BONUS IS GRANTED UNDER THIS SECTION, THE DIRECTOR SHALL REVIEW THE NEW DESIGN FOR SUBSTANTIAL COMPLIANCE WITH URBAN DESIGN GUIDELINES PRIOR TO BUILDING PERMIT APPROVAL.

DOES STAFF HAVE A DEFINITION FOR WHAT A DESIGN CHANGE IS THAT WOULD TRIGGER THIS? THE CODE DOES NOT DEFINE WHAT LEVEL OF CHANGE, BUT WHEN WE ARE PART OF THE PROCESS FOR UPDATES AND CORRECTIONS ON A SITE PLAN, WE TAKE A LOOK AT THOSE CORRECTIONS AND CHANGES AND DETERMINE WHETHER THERE'S A SIGNIFICANT IMPACT TO THE DESIGN VERSUS WHAT WAS PRESENTED.

FOR EXAMPLE, THINGS THAT HAVE COME BACK AT TIMES, I CAN ONLY PERHAPS RECALL A COUPLE OF TIMES, UH, PROJECTS THAT CHANGED THEIR ENTITLEMENTS, MADE THE PROJECT TALLER, FOR EXAMPLE, OR CHANGED THE DESIGN, UH, IN, IN A WAY THAT IS, IT IS A DIFFERENT PROJECT NOW.

WE USE A CERTAIN LEVEL OF DISCRETION IN TERMS OF STAFF REVIEW IS, DOES IT, CAN ANY REASONABLE PERSON SEE THE PROJECT AND NOT IT AS BEING DIFFERENT THAT WOULD CONSTITUTE A RE-REVIEW? MOST OF THE TIME, THESE ARE MINOR CHANGES THAT HAPPEN THROUGHOUT THIS SIDELINE PROCESS THAT SINCE NOT BEING GIVEN A DEFINITION AS TO THE LEVEL OF CHANGE, STAFF USES A CERTAIN AMOUNT OF PROFESSIONAL DISCRETION TO BE ABLE TO GO ON A CASE BY CASE BASIS.

AND I GUESS WHAT I'M GETTING AT TOO IS THAT LIKE THERE'S A DIFFERENCE BETWEEN IF THEY CHANGE THE CLADDING MATERIAL IN THE BUILDING VERSUS IF THEY, YOU KNOW, HAD A RESTAURANT AND REMOVED THAT FROM THE PROJECT.

BUT THE BUILDING LOOKS THE SAME FROM THE OUTSIDE, BUT MAYBE THAT'S A LOBBY.

NOW, IS THAT SOMETHING THAT STAFF WOULD CONSIDER A DESIGN CHANGE TO RE-REVIEW? NOT NECESSARILY A DESIGN CHANGE, MAYBE A USE CHANGE.

AND SO WHEN WE'RE TALKING ABOUT ACTIVATION ON THE FIRST FLOOR, I'M ASSUMING YOU'RE TALKING ABOUT THE FIRST FLOOR, RIGHT? SO OFTENTIMES LOBBIES ARE NOT ACCEPTED AS AN ACTIVATION BY STAFF.

YOU USUALLY HAVE, WE SEE THIS DOWNTOWN, ONE PERSON STANDING OR SITTING AT A DESK AND NOTHING IS HAPPENING.

SO WHEN, WHEN THOSE DESIGN PROPOSALS OR CHANGES ARE PRESENTED TO STAFF, WE TRY AND WORK WITH THE APPLICANT TO ACTIVATE THE LOBBY.

IF THERE IS A CHANGE, WHAT CAN HAPPEN IN THE LOBBY? COULD PART OF IT BE A RESTAURANT? COULD IT BE A COFFEE SHOP? COULD IT BE AN ART GALLERY? COULD BE SOMETHING THAT, UH, COULD BE ACTIVATED IN TERMS OF ALLOWING PEDESTRIAN ACTIVITY TO HAPPEN.

BUT, BUT THOSE KIND OF CHANGES DO NOT CONSTITUTE A SUBSTANTIAL CHANGE IF THE REST OF THE DESIGN REMAINS.

THAT'S MORE OF A USE LAND USE APPROACH, LAND USE CASE, THAT WOULD BE EVALUATED ON A CASE BY CASE BASIS.

YEAH, I THINK IT GETS TO THE, UM, AGAIN, LIKE YOU SAID, ACTIVATION, LIKE SOMETHING THAT AFFECTS

[00:25:01]

THE GUIDELINES THEMSELVES.

CORRECT.

VERSUS JUST SIMPLY A AESTHETIC DESIGN CHANGE.

CORRECT.

DOES, DOES YOUR STAFF ALWAYS RECEIVE NOTIFICATION THAT THESE PROJECTS, IF, LIKE ONCE YOU APPROVE IT, WHAT MAKES THEM COME BACK TO YOU IF THEY CHOOSE TO CHANGE THE DESIGN? I'LL BE VERY HONESTLY AND VERY BLUNT WITH YOU, COMMISSIONER, NOT ALL THE TIME DO, ARE WE NOTIFIED OF THESE CHANGES? AND, AND THAT'S SOMETHING WE'RE TRYING TO WORK IN THIS NEW SITE PLAN PROCESS THAT HAS BEEN LAUNCHED BY THE COUNCIL THROUGH THE, AM I SAYING THIS RIGHT, MCKINSEY? IS THAT RIGHT? THE MCKINSEY PROCESS THAT IS CHANGING THE ENTIRE SITE PLAN REVIEW PROCESS TO INCLUDE EVEN UPDATES AND CHANGES AND CORRECTIONS TO SITE PLANS.

WHEN WE ARE MADE AWARE OF THOSE CHANGES, WE TRY AND WORK WITH THE APPLICANT TO MAKE SURE THAT THERE ARE NOT ANY SUBSTANTIAL CHANGES THAT HAVE GONE THROUGH BETWEEN WHAT WAS PRESENTED AT COMMISSION REVIEWED BY STAFF AND THEN CHANGED THROUGHOUT THE PROCESS, WHICH DOES HAPPEN.

AND I CAN'T TELL YOU FOR A FACT THAT SOME THINGS HAVE CHANGED THAT WE HAVE NOT SEEN.

I I WOULDN'T BE ABLE TO TO TELL YOU THAT.

SURE.

ALRIGHT, THANK YOU.

ANY OTHER COMMISSIONER HAVE ANY QUESTIONS? COMMISSIONER HOWARD? UH, YOU HAD, YOU HAD MENTIONED, UM, INSPECTIONS, UH, AND, AND HOW THE SITE PLAN WOULD IDENTIFY ITEMS, UH, LIKE ART FOR EXAMPLE, THAT WERE EXPECTED TO BE A PART OF A PROJECT BASED ON COMP, UH, SUBSTANTIAL COMPLIANCE WITH URBAN DESIGN GUIDELINES.

UM, ARE THERE, ARE THERE INSPECTORS THAT ARE, ARE LOOKING AT THOSE ITEMS TO ENSURE THEY'RE ON SITE? SO, SO COMMISSIONER TO, TO ANSWER YOUR QUESTION, THERE ARE NUMEROUS LEVELS OF INSPECTIONS THAT HAPPEN.

OUR DEPARTMENT, OUR DIVISION, WILL INSPECT FOR THE COMPLIANCE OF GRAY STREET STANDARDS BECAUSE WE MANAGE THE GRAY STREET PROGRAM.

OFTENTIMES WE HAVE A COPY OF THE ACTUAL SITE PLAN WHERE WE CAN LOOK AT OTHER ELEMENTS LIKE AN ART PIECE, FOR EXAMPLE, AND TAKE CARE OF IT.

WE CAN, I CAN'T TELL YOU WITH CONFIDENCE THAT A BUILDING INSPECTOR IS INSPECTING FOR ART ELEMENTS OR ART PIECES, FOR EXAMPLE, THAT'S NOT IN THE CODE ITSELF AS PART OF A BUILDING PERMIT.

MM-HMM .

SO WE WILL TRY AND TAKE ADVANTAGE OF OUR ONSITE INSPECTION AS MUCH AS POSSIBLE WITHIN REASON TO BE ABLE TO CATCH THOSE ELEMENTS IN THE SITE PLAN ITSELF.

THAT'S WHY IT'S SO IMPORTANT TO MAKE NOTES, SITE PLAN NOTES AND ACTUAL ARROWS DEPICTING WHERE THE POTENTIAL ART PIECE IN YOUR EXAMPLE COULD GO.

AND SO WE TRY OUR BEST TO, UH, KEEP AN EYE OUT FOR THOSE ELEMENTS.

SOMETIMES SUCCESSFUL, SOMETIMES NOT.

SO ARE YOU'RE SAYING THAT, UM, THE URBAN DESIGN DIVISION, UM, INSPECTS FOR COMPLIANCE WITH URBAN DESIGN GUIDELINES WITH GREAT STREETS, BUT NOT URBAN DESIGN GUIDELINES.

SUBSTANTIAL COMPLIANCE WITH URBAN DESIGN GUIDELINES? URBAN DESIGN GUIDELINES ARE A RECOMMENDATION OF THE COMMISSION.

AND IF WE ARE ABLE TO INFUSE CERTAIN GUIDELINES OR AS MANY AS WE CAN, AND THEY'RE NOTED ON THE SITE PLAN AND WE'RE ABLE TO INSPECT THEM, WE WILL TAKE ADVANTAGE AT THAT POINT TO INSPECT FOR THOSE, BUT NOT AS A CONDITION OF, OF, FOR EXAMPLE, REVOCATION OF THE SITE PLAN OR THE PERMIT ITSELF.

IN, IN YOUR PERSPECTIVE OF HOW IT'S WRITTEN INTO CODE, WOULD YOU SAY THAT SUBSTANTIAL COMPLIANCE WITH THE URBAN DESIGN GUIDELINES IS A REQUIREMENT FOR THESE DOWNTOWN DENSITY BONUS PROGRAM, UH, PROJECTS? UH, THE CODE DOESN'T USE THE WORD REQUIREMENT, SO I CANNOT STEP INTO THE REALM OF A REQUIREMENT BECAUSE THE CODE DOESN'T USE THAT LANGUAGE.

SO MY OPINION HERE, UNFORTUNATELY, IS NOT VALID BECAUSE I'M NOT READING INTO THE CODE, I'M JUST READING THE CODE.

SO I'M RELUCTANT TO READ INTO THE INTENT OF THE COUNCIL WITHOUT SPECIFIC DIRECTION AS TO WHAT THEY MEANT BY SUBSTANTIAL COMPLIANCE OR COMPLIANCE OR WHETHER IT'S A REQUIREMENT.

NOW WE SEE IT AS PART OF A GATEKEEPER ELEMENT.

SO PARTICIPATION IN THE PROGRAM ITSELF DOESN'T ACTUALLY TAKE PLACE ADMINISTRATIVELY UNTIL THOSE GATEKEEPER ELEMENTS ARE MET, ONE OF WHICH IS REVIEWED BY THIS BODY AND RECOMMENDATIONS AS WELL AS WORKING WITH STAFF FOR COMPLIANCE WITH THE URBAN DESIGN GUIDELINES.

J UM, JUST SO I'M TRYING TO COMPLETELY TO COMPREHEND ALL THIS.

SO, UM, THE CODE SAYS THAT, UH, WE WILL MAKE A RECOMMENDATION AS TO WHETHER WE THINK THAT THE, A PROJECT SUBSTANTIALLY COMPLIES TO STAFF COMPLIES SUBSTANTIALLY.

OH.

TO WHETHER IT COMPLIES.

CORRECT.

OKAY.

UM,

[00:30:01]

AND THEN STAFF WILL, WHERE DOES THE SUBSTANTIALLY COM COMPLY COME INTO EFFECT? AND AND WHAT DOES, WHAT DOES THE CODE SAY THAT STAFF IS IN IS SUPPOSED TO DO WITH THAT RECOMMENDATION? SO, SO STAFF SHALL CONSIDER THE COMMENTS AND RECOMMENDATIONS OF THE COMMISSION.

THAT IS THE EXPLICIT DIRECTION GIVEN BY THE CODE, BY THE COUNCIL TO THE STAFF.

SO OUR MANDATE IS TO CONSIDER THOSE RECOMMENDATIONS.

COMMISSIONER HOWARD, UM, AND I, I HAD ANOTHER ONE JUST KIND OF FOLLOWING ON MORE TO DAVID'S QUESTION IS ONCE THE, JUST A FULL CLARIFICATION.

UM, ONCE Y'ALL HAVE CERTIFIED THAT IT, I GUESS YOU GUYS DON'T EVEN CERTIFY THAT IT'S COMP SUBSTANTIALLY COMPLIANT, THE PROJECT WITH URBAN DESIGN GUIDELINES, WE DO ISSUE A LETTER THAT FINDS A PROJECT IN SUBSTANTIAL COMPLIANCE WITH THE URBAN DESIGN GUIDELINES AS REQUIRED BY CODE.

AND IS, IS THAT A REQUIREMENT FOR THEIR APPROVAL OF THE DOWNTOWN DENSITY BONUS? NO, THE APP APPROVE THE APPROVAL IS THROUGH THE MEMO ITSELF.

THERE, THERE'S A MEMO PACKET AND WE'RE HAPPY TO SHARE EXAMPLES OF THAT WITH THE COMMISSION.

SO YOU UNDERSTAND THE ACTUAL APPROVAL OF THE DENSITY BONUS REQUEST IS THROUGH THAT MEMO THAT GRANTS THE ENTITLEMENT.

SO WE'RE TALKING ABOUT ENTITLEMENTS HERE RELATED TO HEIGHT AND FAR FLORIDA AREA RATIO.

THERE'S NOT AN APPROVAL OF URBAN DESIGN GUIDELINES IN THE CODE THAT IS EXPLICIT.

THAT'S A GATEKEEPER ELEMENT TO GET PROGRAM, UH, PROJECTS INTO THE PROGRAM THAT IS BOTH ADMINISTRATIVE AND LEGISLATIVE.

RIGHT.

AND SO THE CERTIFICATION THAT YOU ISSUE IS RE AS IT RELATES TO THE URBAN DESIGN GUIDELINES, WHAT DOES THAT CERTIFICATION SAY? IT'S JUST SAYING THAT STAFF HAS REVIEWED THE PROJECT AND HAS FOUND IT BASED ON AND WITH HELP FROM THE COMMISSION AND THEIR RECOMMENDATIONS IN OUR ANALYSIS THROUGH THE DIALOGUE.

THE LETTERS THAT YOU SAW IN THE PRESENTATION, THE MATRIX, THAT THE PROJECT IS SUBSTANTIALLY COMPLIANT.

SO THE PROJECT CAN PROCEED THROUGH THE PROCESS ITSELF, BUT IT'S NOT AN APPROVAL OR DISAPPROVAL OF THE PROJECT.

RIGHT.

BUT WITHOUT THAT CERTIFICATION, THEY CANNOT CONTINUE.

WE, WE TYPICALLY DO NOT CONTINUE THE PROCESS.

NOW, THERE'S BEEN PUSHBACK SIGNIFICANTLY FROM PROJECTS THAT WISH TO GO TO PC AND COUNCIL THROUGH THIS LEGISLATIVE PROCESS.

WE HAVE CHANGED OUR PROCESS SIGNIFICANTLY TO SAY WE WILL NOT SCHEDULE ANY PROJECTS FOR PUBLIC HEARINGS UNTIL ALL GATEKEEPER ELEMENTS HAVE BEEN MET.

MM-HMM .

BECAUSE WE HAVE FOUND THAT THERE'S BEEN ISSUES IN THE PAST IN TERMS OF, SAY ANOTHER GATEKEEPER, AIL, A RESTRICTED COVENANT.

THAT IS, THAT IS A REQUIREMENT BECAUSE THAT GETS FILED WITH, UH, TRAVIS COUNTY DECENT AND RECORDS, UH, THAT SOMETIMES THOSE HAVE BEEN LACKING MM-HMM .

BY THE TIME IT GOES TO PLANNING COMMISSIONER THE COUNCIL, AND THE COUNCIL IS MAKING OR CONSIDERING GRANTING ADDITIONAL ENTITLEMENTS BEYOND THE ADMINISTRATIVE LEVELS WHEN THERE'S A GATEKEEPER ELEMENT MISSING.

SO SINCE A FEW MONTHS AGO, I DON'T HAVE THE EXACT NUMBER, WE ARE REFRAINING FROM SCHEDULING ANY PROJECTS THAT ARE SEEKING LEGISLATIVE ACTION OF THE COUNCIL UNTIL ALL GATEKEEPER ELEMENTS HAVE BEEN MET.

OKAY.

SO I'M JUST GONNA TRY TO SAY THIS IN MY OWN WORDS AND YOU'LL CORRECT ME IN YOUR WORDS, I'M SURE.

BUT, UM, I APOLOGIZE IF I'M NOT COMMUNICATING CORRECTLY.

NO, NO, NO.

I JUST, I JUST WANNA LIKE MAKE SURE I UNDERSTAND.

'CAUSE OBVIOUSLY YOU'RE, YOU'RE BEING VERY, UH, ACCURATE IN YOUR LANGUAGE AND I APPRECIATE THAT.

I'M TRYING TO BE, I'M TRYING TO BE, YES.

YEAH.

I APPRECIATE THAT.

UM, SO, UH, AS WRITTEN BY, IN CODE, UH, UH, THE PROCESS TO PRESENT TO THE DESIGN COMMISSION IS RE UH, TOWARD THE RECOMMENDATION OF COMPLIANCE OR NOT COMPLIANCE WITH THE URBAN DESIGN GUIDELINES IS A REQUIREMENT.

THE YOU, IT'S A GATEKEEPER ELEMENT.

SURE.

IT'S A, IT'S A GATEKEEPER ELEMENT.

UM, WHICH IT'S REQUIRED THAT YOU MEET ALL OF YOUR GATEKEEPER ELEMENTS.

WELL, IT'S, IS THAT NOT TRUE? IT IS REQUIRED AS PART OF THE PROCESS, BUT THE CODE DOESN'T CALL IT A REQUIREMENT.

I JUST WANNA MAKE SURE THAT STAFF IS NOT INFUSING WORDS THAT THE CODE IS NOT USING.

SO SURE, YOU'RE WELCOME TO CALL IT OR QUALIFY IT AS A REQUIREMENT.

MM-HMM .

BUT A REQUIREMENT OF THE PROCESS ITSELF, NOT A REQUIREMENT OF THE PROGRAM.

RIGHT? SURE.

IT'S A GATEKEEPER REQUIREMENT.

UM, I THINK NO, NO.

WE'RE, WE'RE, WE'RE NOT, WE'RE, WE'RE NOT GOING TO ARGUE AGAINST WHAT THE CODE SAYS, BUT WE'RE NOT CALLING IT A REQUIREMENT FOR THE PROGRAM BECAUSE THE ENTITLEMENTS ARE GRANTED THROUGH THE ME I'M NOT EXPLAINING MYSELF CORRECTLY.

NO, IT'S OKAY.

IT'S OKAY.

MEMO ITSELF GRANTS THE ENTITLEMENTS, NOT THE GATEKEEPER ELEMENTS.

THE GATEKEEPER ELEMENTS ALLOW THE PROCESS TO MOVE.

SO IF THEY'RE, IF THEY'RE CALLED REQUIREMENTS, THAT'S FINE.

THEY'RE REQUIREMENTS.

OKAY.

SO THE, THE STAFF IS NOT CALLING THEM REQUIREMENTS FOR THE PROGRAM.

THESE ARE GATEKEEPER ELEMENTS.

[00:35:02]

UH, OKAY.

LET'S, LET'S THINK OF IT AS GATE.

OKAY.

UM, THE, THE SUBMISSION INTO THIS PROCESS IS A REQUIREMENT TO ENTER THE GATE.

THEY OPEN THE GATE.

YES.

THE GATES ARE NOW OPEN.

YES.

THAT'S KINDA WHAT YOU'RE SAYING, FINE.

A REQUIREMENT.

YES.

UM, OKAY.

SO ONCE THEY HAVE CHECKED THIS BOX OF COMING AND PRESENTING, THE GATE IS OPEN AND EVERYTHING HAPPENS ADMINISTRATIVELY FROM THERE.

MM-HMM .

UH, HOWEVER, YOUR, UH, YOUR DIVISION DOES NOT CERTIFY THAT A PROJECT IS SUBSTANTIALLY COMPLIANT UNTIL YOU GUYS HAVE RA ARRIVED AT SOME DISCUSSION BASED SORT OF, UH, APPROACH, UM, THAT EVERYBODY FEELS HAPPY ENOUGH WITH.

UM, AND NO, I COULDN'T SAY HAPPY ENOUGH BECAUSE OFTENTIMES WE DON'T HAVE HAPPY APPLICANTS.

SURE.

OKAY.

HOWEVER, WE, WE CONSIDER THE COMMISSION'S RECOMMENDATION SURE.

AND ADD TO IT OR REVIEW.

OKAY.

SURE.

UM, SO YOU COME TO SOME AGREEMENT, UH, YOU CERTIFY, UH, YOU CERTIFY THAT IT IS SUBSTANTIALLY COMPLIANT AND WITHOUT THAT CERTIFICATION, THEY CANNOT MOVE FORWARD, OR THEY DO, THEY GENERALLY DO NOT MOVE FORWARD.

THEY DO NOT MOVE FORWARD FOR THE LEGISLATIVE PIECE OF IT? OR WHAT ABOUT THE ADMINISTRATIVE? SO THE ADMINISTRATIVE THROUGH THE, IF YOU'RE FAMILIAR WITH THE CITY'S REVIEW SYSTEM, IT'S CALLED THE AMANDA SYSTEM.

IN AMANDA, THERE'S A HOLD FOR GRAY STREETS.

MM-HMM .

NOW, THAT'S WHERE THERE'S SIGNIFICANT PUSHBACK FROM THE APPLICANT BECAUSE WE'RE HOLDING THE GRAY STREET PIECE OF IT, BECAUSE THERE'S NO OTHER ALLOW THE EXPRESSION BUTTON TO HOLD UNTIL THE COMPLIANCE IS MET.

YEAH.

I, I DON'T WANT TO GET TOO, TOO BOGGED DOWN WITH THE DETAILS OF THAT, BUT OB OBVIOUSLY THE, THERE'S A SOFTWARE THAT YOU ALL USE AND THAT IS A CURRENT LIMITATION OF THE SOFTWARE.

CORRECT.

BUT, UM, I GUESS RIGHT NOW, YOU KNOW, THE URBAN DESIGN DIVISION IS REVIEWING FOR COMPLIANCE WITH GREAT STREETS, UM, AND IT'S ALSO, UH, CERTIFYING PROJECTS AS BEING SUBSTANTIALLY COMPLIANT WITH THE URBAN DESIGN GUIDELINES.

CORRECT.

AND ONCE THAT CERTIFICATION IS ACHIEVED, UM, YOU MAY OR MAY NOT BE NOTIFIED IF THERE'S ANY SITE PLAN AMENDMENTS IN THE FUTURE.

AND THEN THERE'S ALSO NO, UM, NOR NO FORMAL INSPECTION TO, TO ENSURE THAT THERE'S BEEN A, BEEN A TRUE IMPLEMENTATION OF THE URBAN DESIGN GUIDELINES, NOT THE GUIDELINES.

'CAUSE WE'RE LOOKING AT THE SITE PLAN ITSELF.

AND SO WHAT WE TRY AND DO IN THE DIALOGUE PHASE WITH THE APPLICANT IS TO INFUSE AS MANY NOTES INTO THE SITE PLAN THAT ADDRESS THOSE SPECIFIC GUIDELINES.

MM-HMM .

SO WE'RE NOT INSPECTING FOR GUIDELINES, WE'RE INSPECTING FOR COMPLIANCE OF THOSE SITE PLAN ELEMENTS, WHICH HOPEFULLY WILL INCLUDE SOME, MOST OF THE RECOMMENDATIONS OF THIS BODY AS WELL AS STAFF REVIEW.

SURE.

SO I GUESS, SO THAT'S PART OF IT IS, IS THAT YOU GUYS ARE CERTIFYING THE PROJECT, BUT WE DON'T NECESSARILY, WHAT I'M, WHAT I'M TRYING TO UNDERSTAND IS DO WE, DO YOU ALL GET NOTIFIED? DO, IS THERE ANOTHER, LIKE WITH OTHER SITE PLAN AMENDMENTS, IF, IF THERE'S A SITE PLAN AMENDMENT THAT IMPACTS THE, UM, THE ROAD BED, FOR EXAMPLE, LIKE TPW IS GONNA HEAR ABOUT IT? UM, TYP TYPICALLY, YEAH.

I MEAN, IF, IF THEY DON'T, THEN THERE'S BEEN A PROBLEM, LIKE, AND THEY'RE GONNA HAVE TO DEAL WITH IT.

UM, AND SO IN THIS CASE WHERE I'M, I'M NOT TALKING ABOUT GREAT STREETS 'CAUSE I THINK THAT'S KINDA A LITTLE BIT MORE FORMALIZED, BUT AS FAR AS, UH, LET'S SAY, YOU KNOW, SOME OF THESE URBAN DESIGN ELEMENTS ARE EXPENSIVE AND A PROJECT UNDERGOES A, UH, A CUT, UH, AND A LOT OF ELEMENTS ARE VEED OUT.

WHAT, I MEAN, WHAT ARE, WHAT ARE THE CHANCES THAT YOU GUYS WOULD HAVE, UH, THAT YOUR TEAM WOULD HAVE A CHANCE TO REVIEW FOR SUBSTANTIAL COMPLIANCE? AGAIN, IF, IF THE SITE PLAN NOTE IS DROPPED, FOR EXAMPLE, THAT WOULD BE THE CLOSEST THING I CAN COME TO IN TERMS OF TRYING TO ADDRESS THAT.

THAT'S WHY WE RELY ON THOSE SITELINE NOTES THAT IF THERE WAS A, TO USE THEIR WORDS, A DROP ON THE PROJECT BUDGET, FOR EXAMPLE, OR IT CHANGES TO WHERE THEY NEED TO DROP CERTAIN NOTES, THAT'S WHERE WE WOULD HOPEFULLY BE INVOLVED.

I CAN'T TELL YOU FULL CONFIDENCE THAT WE ARE IN EVERY CASE.

YEAH.

IT'S, THAT'S THE PRO THAT'S THE PROCESS WE'RE TRYING TO IMPROVE ON.

YEAH.

I, YEAH, I THINK, I THINK IT'S IMPORTANT OBVIOUSLY, BECAUSE VE YOU KNOW, UH, THINGS THAT AREN'T REGULATORY WILL GET VEED BEFORE THINGS THAT ARE REGULATORY.

OF COURSE, OBVIOUSLY.

OF COURSE.

AND SO, UM, I THINK THAT WITHOUT HAVING THESE, WITH ANY SORT OF, UH, FORCE OF LAW, YOU KNOW, THERE'S, AND, AND THERE'S NOT NECESSARILY A FORMAL PROCESS FOR, UM, IDENTIFYING THESE ITEMS EVEN BECAUSE THERE ISN'T A, A, YOU KNOW, A SECTION TO REFERENCE IN THE CODE OR IN THE CRITERIA MANUALS.

UM, A LOT OF THESE, UH, THE ZONING, UM, I'M SORRY, I'M GONNA USE THE WRONG TERM, BUT THE, THE REVIEWER THAT THAT'S HANDLING THE, THE CASE, THE ZONING ADMINISTRATOR, I'M USING THE WRONG TERM, I APOLOGIZE.

CASE

[00:40:01]

MANAGER, UM, IS NOT NE NECESSARILY EVEN GOING TO THINK TO REACH OUT TO THE URBAN DESIGN DIVISION.

CORRECT.

YEAH.

SO IT, IT SEEMS, IT SEEMS LIKE A, I MEAN, THIS IS SOMETHING THAT WE'VE BEEN LIKE KIND OF CHATTING ABOUT IN THE URBAN DESIGN GUIDELINE, UM, CONVERSATION.

LIKE, HOW DO WE EVEN GET IMPLEMENTATION OF GUIDELINES IF WE MADE, EVEN IF WE MADE THEM SPECIFIC? WELL, THAT, THAT'S WHERE I, I WOULD HOPE THAT WE HAVE, WE ARE STARTING TO DEMONSTRATE TO THIS COMMISSION THAT STAFF IS MAKING A GOOD FAITH EFFORT TO INFUSE AS MANY OF THESE NOTES INTO THE SITE PLAN.

NOW, THERE'S ANOTHER SIDE TO THIS THAT WE REALLY DIDN'T TOUCH ON IS THE LICENSE AGREEMENT PORTION.

AND THAT'S A WHOLE DIFFERENT WORLD THAT THESE, THE SIP PLAN AND THE LICENSE AGREEMENT HAVE TO MATCH FAIRLY CLOSELY, IS MY UNDERSTANDING.

THE LICENSE AGREEMENT PROCESS WILL GIVE AN APPLICANT THE ABILITY TO MAKE IMPROVEMENTS IN THE PUBLIC RIGHT OF WAY AND PROVIDE FOR INSURANCE AND MAINTENANCE AND ALL THESE THINGS.

AND THE ACTUAL RIGHT OF WAY THAT DOESN'T TOUCH THE PRIVATE ELEMENTS.

IT'S ALL RIGHT OF WAY ELEMENTS THAT CLOSELY MUST MATCH THE GRAY STREET ELEMENTS BECAUSE THAT'S WHAT WE REVIEW FOR.

SO THIS DIVISION IS FAIRLY INVOLVED IN THAT PROCESS.

WE SHOULD BE ABLE TO SEE THE SAME NOTES REFLECTED ON BOTH.

OFTENTIMES, THAT'S WHAT CAUSES CERTAIN DELAYS WHEN WE DON'T SEE THOSE, THOSE, THOSE TWO ELEMENTS, THOSE TWO PROCESSES MATCH UP.

HOWEVER, WE, WE TRY TO WORK WITH THE CASE MANAGER, SITE PLAN, CASE MANAGER TO MAKE US AWARE WHEN THERE ARE CHANGES TO THESE, UH, BOTH THE SITE PLAN AND THE LICENSE AGREEMENT.

NOW LICENSE AGREEMENT IS DONE, DONE THROUGH THE REAL ESTATE OFFICE, WHICH IS A DIFFERENT ENTITY.

SO IT'S, IT'S FAIRLY DIFFICULT TO, TO MANAGE BOTH SIDES OF IT.

F FROM OUR POINT OF VIEW, FROM THE STAFF POINT OF VIEW.

I, I DIDN'T MEAN TO ARGUE WITH YOU ON THE REQUIREMENTS COMMISSIONERS.

MY APOLOGIES.

COMMISSIONER GALLES.

UM, I DON'T WANT TO KEEP US IN THE SAME SPOT FOR TOO LONG, BUT JUST FOR MY CLARITY TODAY, AS THE PROCESS CURRENTLY STANDS, IF YOU ARE ON SITE INSPECTING FOR GREAT STREETS, AND YOU DO OBSERVE THAT ELEMENTS THAT WERE PREVIOUSLY INCLUDED AS PART OF THE URBAN DESIGN, UM, COMMISSION PRESENTATION, AND WERE ORIGINALLY ON THE SITE PLAN, BUT ARE NO LONGER IN THE PROJECT, UM, IF, IF YOU ARE ON SITE AND YOU NOTE THAT THOSE ELEMENTS ARE MISSING, ARE YOU SAYING CURRENTLY A HOLD IS PLACED IN THE AMANDA SYSTEM? THAT'S SORT OF THE PATH OF ACTION? OR, OR MY QUESTION IS, WHAT WOULD YOU, WHAT ACTION WOULD YOU TAKE OR CAN YOU TAKE IN THAT INSTANCE? I, I WISH COMMISSIONER THAT WE COULD CONTINUE TO HAVE A HOLD, BUT ONCE OUR DIVISION HAS GRANTED OR CLEAR COMMENTS IS THE PHRASE THAT WE USE, ONCE WE HAVE CLEAR COMMENTS, WE NO LONGER HAVE THE ABILITY TO UNCLEAR COMMENTS IF, IF I'M MAKING SENSE.

SO THEN IT MOVES, ONCE THE SITE PLAN PERMIT HAS BEEN ISSUED, IT MOVES ONTO BUILDING PERMITS AND CONSTRUCTION WHEN THOSE THINGS HAPPEN.

AND I, I'M TRYING TO RECALL IF THERE'S A SPECIFIC EXAMPLE.

I WISH I HAD ONE AT THE TOP OF MY HEAD.

WE OFTEN ENTER INTO A DIALOGUE WITH THE SITE PLAN CASE MANAGER, THE BUILDING PERMIT MANAGER AND THE APPLICANT TO REMIND THEM THAT THERE WERE ELEMENTS THAT WERE APPROVED AND TO BE ABLE TO TRACK OR TRACE BACK WHERE CHANGES HAPPENED THROUGHOUT THE PROCESS.

AND THAT HAS HAPPENED.

WHAT WE'RE TRYING TO IMPROVE ON OUR SIDE, ON THE STAFF SIDE IS THE CONSISTENCY OF HOW THOSE CHANGES ARE, FIRST OF ALL, PRESENTED TO THE CITY IN TERMS OF AN UPDATE OR A CORRECTION, HOW THAT GETS PROCESSED.

AND THE, THE CORRECTION PRO, UH, EXCUSE ME, THE, UH, IT'S, IT'S THE CORRECTION AND THE, UH, THE CORRECTION IS A MUCH FASTER PROCESS THAN THE UPDATE.

UPDATE GOES THROUGH THE ENTIRE REVIEW.

ALL DISCIPLINES, THE CORRECTION IS MEANT TO BE A FASTER, SHORTER PROCESS THAT DOES NOT GO TO ALL REVIEW DISCIPLINES.

WHAT WE'RE TRYING TO DO IS LIMIT THE UNIVERSE OF THOSE TO DOWNTOWN SO THAT URBAN DESIGN IS PART OF THAT REVIEW ON CORRECTIONS, WHICH OFTENTIMES DO NOT GO TO ALL REVIEW DISCIPLINES WHEN IT COMES TO AN UPDATE THAT ESSENTIALLY GOES TO THE ENTIRE GROUP OF DISCIPLINES THAT REVIEW.

SO NO, WE DO NOT HAVE A PROCESS NOW TO BE ABLE TO STOP THE PROCESS.

ONCE PERMITS HAVE BEEN ISSUED, IT WOULD HAVE TO GO BACK THROUGH THE CASE MANAGERS AND A DIALOGUE WITH THE APPLICANT TO TRY AND FIND A REMEDY TO THAT.

YOU COMMISSIONER WALLACE, HOW OFTEN WHEN Y'ALL ARE ON SITE AT THE END OF A PROJECT, ARE YOU NOTICING LIKE MAJOR ELEMENTS ARE NOT

[00:45:01]

BEING BUILT? IS THIS LIKE A, LIKE A COMMON PROBLEM OR NOT? NOT NECESSARILY.

UM, THE EASY ONES ARE, FOR EXAMPLE, STREET TREES WHERE THEY SHOULD HAVE HAD A STREET TREE AND ONE IS MISSING, OR THEY HAD PUT IN A STREET TREE AND NOW IT'S GONE.

THOSE ARE THE EASY ONES.

THE, THE, THE MINOR ONES ARE MUCH HARDER TO CATCH BECAUSE YOU HAVE TO BE LOOKING SPECIFICALLY FOR THOSE ELEMENTS WHEN YOU HAVE THINGS LIKE AN ART PIECE, FOR EXAMPLE, THAT'S EASIER TO CATCH.

BUT I DON'T, I DON'T HAVE A NUMBER OR FIGURE FOR YOU AS TO HOW OFTEN THAT HAPPENS.

LIKE, DOES IT FEEL LIKE A MAJOR ISSUE OR ARE WE CREATING AN ISSUE? NOT, NOT TO ME.

I DON'T KNOW IF MY COLLEAGUES WANNA CHIME IN THAT ARE AWARE OF THAT.

I DON'T FEEL LIKE IT'S A, IT'S AN ISSUE THAT WE'RE SEEING SUBSTANTIAL DEVIATION FROM WHAT WAS APPROVED.

JASPER, DO YOU HAVE ANY THOUGHTS ON THAT? NO, I DON'T, I DON'T BELIEVE IT IS, BUT IT'S SOMETHING WE WOULD, WE WERE HAPPY TO CONFER WITH OUR COLLEAGUES IN CY PLAN REVIEW TO INQUIRE ON THE NUMBER NOW IF WE ASK HOW MANY CORRECTIONS? THOUSANDS UPON THOUSANDS.

AND SO WE'RE, WE'RE TRYING TO LIMIT THE UNIVERSE TO DENSITY BONUS PROJECTS, WHICH ARE ONLY IN DOWNTOWN.

AND THAT'S WHERE THE, I BELIEVE THIS IS CONJECTURE ON MY PART, THE DISCONNECT IS HAPPENING.

COMMISSIONER HOWARD, I, I'M, I'M CURIOUS ABOUT SOME OF THIS BECAUSE IT SOUNDS LIKE YOU GUYS HAVE A REALLY, YOU GUYS HAVE A RELATIVELY CLEAR WAY TO ENFORCE, UM, GREAT STREETS, BUT I FEEL LIKE A LOT OF THE QUESTIONS THAT GET ASKED, THE RESPONSE IS USUALLY ABOUT GREAT STREETS RATHER THAN URBAN DESIGN GUIDELINES.

AND I'M WONDERING HOW MUCH, UM, LIKE IS THERE A FORMAL PROCESS FOR IDENTIFYING WHICH ELEMENTS ARE PROVIDING SUBSTANTIAL COMPLIANCE AND THEREFORE ABLE TO EVEN CHECK THEM? OR, I MEAN, IS IT, IS IT SOMETHING THAT THE URBAN DESIGN DIVISION IS KEEPING IN MIND AS THEY'RE REVIEWING SITE PLANS PAST THAT INITIAL CERTIFICATION? OKAY.

UH, WELL, WE'RE NOT LOOKING AT THE COMMISSION'S RECOMMENDATION AND RANKING, WHICH WOULD BE BEST.

I KNOW YOU'RE NOT SAYING THAT.

HOWEVER, WE'RE LOOKING AT THE TOTALITY OF THE RECOMMENDATIONS AND SEEING HOW MANY OF THOSE CAN BE INFUSED INTO THE DESIGN, THE SITE PLAN DESIGN.

SO ONCE THOSE HAVE BEEN INFUSED, BE ABLE THEN TO COMPARE, HAVE THEY ACTUALLY NOT ONLY SHOWN IT ON THE SITE PLAN THROUGH A SITE PLAN NOTE OR A DESIGN CHANGE THAT YOU CAN SEE THE, THE, THE PHYSICAL DESIGN CHANGE ON THE, ON AN UPDATE.

BUT WHEN WE ARE DOING THE GRAY STREET INSPECTION, BE ABLE TO CHECK FOR THOSE ELEMENTS THAT WE CAN SEE ARE REFLECTED ON THE SITE PLAN, BUT THERE'S NOT A FORMAL PROCESS TO CHECK FOR COMPLIANCE FOR DESIGN GUIDELINES.

THERE'S A PROCESS TO CHECK FOR COMPLIANCE WITH SITE PLAN DESIGN REQUIREMENTS.

I'M NOT SURE IF I'M USING THE RIGHT WORD, BECAUSE THOSE ARE PART OF THE SITE PLAN REVIEW PROCESS, WHICH IS CODIFIED.

THERE ARE SPECIFIC ELEMENTS THAT ARE REQUIRED, AND THAT'S THE REASON, PLEASE DON'T TELL ANYONE.

WE KEEP ADDING TO THE SITE PLAN THESE NOTES TO MEMORIALIZE THOSE CHANGES ONTO THE SITE PLAN.

NINE TIMES OUTTA 10, THE APPLICANT IS MORE THAN WILLING TO COL COLLABORATE WITH STAFF ON THE INFUSION OF THOSE NOTES.

NOW, THE GUIDELINE OR GUIDELINES THAT WE'RE NOT ABLE TO CARRY ON THROUGH, OBVIOUSLY YOU WILL NOT SEE THOSE REFLECTED, BUT THEY ARE CONSIDERED BY STAFF IN ACCORDANCE WITH THE DIRECTION GIVEN BY THE CODE.

CAN YOU SPEAK TO A LITTLE BIT MORE OF THE, THERE, THERE'S A OBVIOUSLY LANGUAGE, UM, HURDLES THAT WE'RE GOING OVER HERE, BUT CAN YOU SPEAK A LITTLE BIT TO THE CONNECTION BETWEEN, UM, SUBSTANTIAL COMPLIANCE CERTIFICATION AND WHAT YOU GUYS ARE LOOKING FOR IN SITE, IN THE SITE PLANS, SUBSTANTIAL COMPLIANCE AND WHAT WE'RE LOOKING FOR, THE SUBSTANTIAL COMPLIANCE WITH THE URBAN DESIGN GUIDELINES AND WHAT YOU GUYS ARE DOING AS FAR AS WHEN YOU'RE REVIEWING SITE PLANS? UH, OKAY.

UH, IF, IF I'M UNDERSTANDING THE QUESTION CORRECTLY, THE, THERE ARE CERTAIN THINGS THAT PERHAPS ARE PART OF THE COMMISSION'S RECOMMENDATION AND EVEN THE STAFF REVIEW THAT DON'T NECESSARILY MAKE IT ONTO THE SITE PLAN IN TERMS OF A NOTE OR A DESIGN CHANGE.

SO THAT DOESN'T TAKE AWAY THE SUBSTANTIAL COMPLIANCE BECAUSE PERHAPS TO A CERTAIN DEGREE OR LEVEL THAT HAS BEEN ADDRESSED OR IN CONJUNCTION WITH, SAY, A LANDSCAPE ELEMENT, WHICH IS PART

[00:50:01]

OF THE GRAY STREETS REVIEW.

SO THAT HAPPENS QUITE OFTEN, THAT THERE ARE RECOMMENDATIONS FROM THIS COMMISSION AND FROM THE STAFF REVIEW THAT COULD POTENTIALLY AND MAY IMPACT GRAY STREET COMPLIANCE.

NOW WE HAVE GRAY STREET STANDARDS, UH, GRAY STREET DESIGN STANDARDS IN, IN WHAT WAS, WHAT IS THE, THE WHOLE CONSTRUCT OF THE PLANT ITSELF AND THE, THE ACTUAL GRAY STREET STANDARDS.

AND SO, SO WHEN THERE'S RECOMMENDATIONS THAT COME FORTH THAT POTENTIALLY MAY BE IN CONFLICT WITH SAY, TREE SPACING, THOSE RECOMMENDATIONS ARE OVERLOOKED.

AND WE LOOK TO GRAY STREETS TOO TO PROVIDE THAT.

I GUESS IF WE, IF YOU COULD ANSWER THAT QUESTION ONE MORE TIME, BUT OKAY.

REMOVE THE RECOMMENDATION FROM THIS, THIS BODY ENTIRELY.

OKAY.

JUST, JUST ABOUT THE, AT THE STAFF REVIEW OF URBAN DESIGN GUIDELINES MM-HMM .

UM, AND ALSO REMOVE GREAT STREETS ENTIRELY FROM THAT CONVERSATION.

COULD YOU JUST ANSWER THE QUESTION ONE MORE TIME? SO THIS IS SPECIFICALLY ABOUT URBAN DESIGN GUIDELINES AS THE STAFF REVIEWS IT.

SO, SO KEEP IT, I'M TRYING TO BE VERY CAREFUL WITH MY WORDS BECAUSE THIS IS BEING RECORDED.

UM, WHEN STAFF CONDUCTS THE REVIEW, WE'RE LOOKING AT A NUMBER OF THINGS AND HOW I'M TRYING TO REFRAIN FROM USING THIS COMMISSION, UH, BECAUSE THAT'S PART OF THE PROCESS.

HOWEVER, WE DO OUR OWN REVIEW THROUGH THE MATRIX AND THE DIALOGUE.

SO IN GOING THROUGH THAT PROCESS, THERE ARE NUMEROUS GUIDELINES THAT ARE MET AND NUMEROUS THAT ARE NOT MET, BUT IT IS A QUALITATIVE REVIEW, NOT A QUANTITATIVE, I'VE SAID THIS MANY A TIME HERE IN THIS COMMISSION.

IT'S NOT THE NUMBER OF GUIDELINES THAT A PROJECT IS MEETING, BUT HOW THEY ARE MEETING.

AND IT IS DISCRETIONARY FOR THE STAFF.

I, YOU, YOU WILL NOTE I DIDN'T PRESENT TO YOU OR PROPOSE TO YOU A SPECIFIC PROCESS THAT DISSECTS HOW THE STAFF REACHES SUBSTANTIAL COMPLIANCE BECAUSE IT IS NOT DEFINED IN LACK OF THAT DEFINITION, WHETHER YOU WANT TO CALL IT COMPLIANCE OR SUBSTANTIAL COMPLIANCE.

NEITHER ONE IS DEFINED IN TERMS OF THE DENSITY BONUS PROGRAM.

SO STAFF IS CERTAINLY NOT GOING TO DICTATE WHAT THAT IS UNTIL WE'RE GIVEN DIRECTION BY THE COUNCIL AS TO WHAT THAT MEANS.

SO IT IS SUBJECTIVE AND IT IS THROUGH A DIALOGUE WITH THE APPLICANT TO REACH AS MANY DESIGN SPECIFIC DESIGN GUIDELINES.

NOT WHAT JORGE THINKS, NOT WHAT URBAN DESIGN THINKS.

WE'RE RELYING ON THE GUIDELINES.

SO WE'RE TRYING TO ADDRESS AS MANY OF THEM.

I CAN'T TELL YOU FULL CONFIDENCE THAT WE GET THERE A HUNDRED PERCENT OF THE TIME.

THERE IS NOTHING THAT'S A HUNDRED PERCENT.

CAN YOU JUST CONNECT TO THAT REVIEW WITH WHAT, HOW YOU'RE LOOKING AT THE SITE PLANS THOUGH, AND THEN, AND IF YOU'RE RECORDING ANYTHING ABOUT THE SITE PLANS IN THAT, BECAUSE I, IT SOUNDS LIKE YOU GUYS REVIEW THE PROJECTS, BUT HOW IT, IT DOESN'T SOUND LIKE THERE'S DOCUMENTATION OF HOW CON UH, SUBSTANTIAL CONFORMANCE OR, UM, COMPLIANCE OR COMPLIANCE IS MET.

WHAT, WHAT IT TELL US A LITTLE BIT ABOUT YOUR SITE PLAN, REVIEW PROCESS OR YOUR BUILDING PERMIT REVIEW PROCESS.

WE DON'T REVIEW BUILDING PERMITS, SO WE'RE PART OF THE SITELINE REVIEW PROCESS WHEN IT COMES TO GRAY STREET COMPLIANCE, OR WE'RE PART OF THE REVIEW PROCESS FOR LICENSE AGREEMENTS.

SO TAKING ADVANTAGE OF THAT, WORKING WITH THE SITE PLAN CASE MANAGER, AND WITH JILL'S TEAM WHO REVIEWS GRAY STREETS, WE TRY TO INFUSE SOME OF THOSE ELEMENTS THAT ARE RELATED TO GRAY STREETS.

BUT ON THE FLIP SIDE, WE WORK WITH THE APPLICANT THAT AS THEY ARE MAKING UPDATES TO THE SITE PLAN, THERE ARE INFUSING THOSE SITE PLAN NOTES AS PART OF THE PROCESS.

AND THAT'S HOW WE'RE DOCUMENTING IT.

WE'RE NOT CREATING A SEPARATE PROCESS.

WE'RE CREATING THIS CERTIFICATION LETTER THAT SAYS WE HAVE FOUND IT TO BE COMPLIANT, AND WE ARE WORKING WITH THE APPLICANT TO INFUSE AS MANY OF THOSE NOTES AS POSSIBLE.

COMMISSIONER, COMMISSIONER, WICH STRUCK.

THANK YOU, CHAIR.

UM, I'M TRYING TO FORMULATE MY THOUGHTS INTO A QUESTION FORMAT, BUT, UM, I THINK THE, THE SUBJECTIVITY OF THE REVIEW IS PRECISELY WHAT BOTHERS ME ABOUT THE PROCESS, UM, AND THE, THE, THE LACK OF CLARITY THAT THIS BODY HAS ABOUT HOW ITS RECOMMENDATIONS PLAY INTO THAT.

UH, AND THEN TO COMMISSIONER HOWARD'S POINT, I THINK IF THIS WAS WHERE YOU WERE GOING WITH THIS, IS THAT THERE ISN'T NECESSARILY CLARITY PROVIDED TO THE APPLICANT ABOUT PRECISELY HOW THEY MET.

THEY SUBSTANTIALLY COMPLIED.

SO THERE IS NOTHING HOLDING THEIR FEET TO THE FIRE VIS-A-VIS ANY OF THE DESIGN ELEMENTS.

AND SO WE'RE LASER FOCUSED ON THE DESIGN ELEMENTS THEMSELVES, UH, IN, IN PROVIDING OUR RECOMMENDATION.

UM, ONE QUESTION I WOULD HAVE FOR STAFF I HAVE FOR STAFF IS IN THE EVENT THAT THIS BODY

[00:55:02]

AS, AS WE HAVE DONE IN, EVEN IN MY SHORT TENURE HERE, UH, UM, MAKES, UH, A RECOMMENDATION THAT A PROJECT COMPLIES WITH THE URBAN DESIGN GUIDELINES, BUT ALSO PROVIDES FEEDBACK ON WAYS THAT PROJECT COULD BE IMPROVED, IS THAT TAKEN BY STAFF IN THAT SUBJECTIVE NE NEGOTIATION WITH THE APPLICANT? OR HAVE WE HANDED OFF ALL OF OUR LEVERAGE FOR THAT DISCUSSION? IN DOING SO, I, IF I MAY ATTEMPT TO ANSWER THE QUESTION, COMMISSIONER CHAIR, IF I MAY.

IT'S NOT A NEGOTIATION, IT'S A DIALOGUE JUST TO CLARIFY.

SO WE'RE NOT NEGOTIATING WITH APPLICANT.

WE'RE SAYING, CAN, CAN YOU MEET THESE GUIDELINES? AND IF NOT, WHY NOT? SO EVEN WHEN A PROJECT IS FOUND TO BE COMPLIANT WITH THE URBAN DESIGN GUIDELINES AND THERE ARE RECOMMENDATIONS, WE TAKE THAT AND HAVE A DIALOGUE WITH THE APPLICANT TO BE ABLE TO INFUSE GUIDELINES, BUT THAT'S WHERE WE RELY ON SPECIFIC GUIDELINES.

SO YOU'RE MORE THAN WELCOME TO PROVIDE RECOMMENDATIONS, BUT WHERE IT HELPS US TO REFLECT THAT ON A SITE PLAN IS IF YOU TIE IT TO A SPECIFIC GUIDELINE OR GUIDELINES.

SO WE'RE ABLE TO SAY, HERE'S HOW IT'S CONNECTED TO A GUIDELINE, AND THAT COULD BE TURNED INTO EITHER A DESIGN CHANGE IMPROVEMENT OR A SITE PLAN NODE.

I GUESS WHERE I'M GOING WITH THAT IS IT, IT APPEARS TO DISINCENTIVIZE THIS BODY EVER GRANTING OR RECOMMENDING THAT A PROJECT COMPLIES WITH THE URBAN DESIGN GUIDELINES.

IF WE HAVE ANY RECOMMENDATIONS FOR REVISIONS WHATSOEVER, THAT IS THE PREROGATIVE OF THIS BODY.

AND I THINK THAT, UH, YOU KNOW, I WILL, I DON'T KNOW THAT I HAVE A QUESTION HERE, BUT, UM, SINCE THE CONVERSATION IS COMING UP, IT, IT, UM, I THINK PART OF WHY THIS BODY IS WANTING TO, UH, WE'VE SPENT SO MUCH TIME TRYING TO UPDATE THE URBAN DESIGN GUIDELINES IS THAT, UM, TWO REASONS.

ONE, I THINK TO TO VARYING DEGREES, THE CURRENT URBAN DESIGN GUIDE ARE GUIDELINES ARE OUTDATED AND NO LONGER REFLECT BEST PRACTICES IN URBAN DESIGN OR, UM, THE, THE, THE, THE MORALS AND AND PRIORITIES OF THE COMMUNITY.

UH, AND TWO IS THAT THE APPLICANT HAS, UH, SIMILAR TO THIS MANY IN THIS BODY, DO NOT UNDERSTAND HOW TO INTERPRET THEM, OR THEY'RE SO WIDELY PRESENTED AS TO AS TO PROVIDE, UM, TOO MUCH OF A RANGE OF INTERPRETATION WHERE AN APPLICANT CAN WRITE A LETTER, SAY TO STAFF SAYING THAT THEY, UH, DO MEET, UH, THEY DO SUBSTANTIALLY COMPLY WITH A CERTAIN GUIDELINE, UH, WHEN THIS BODY WOULD INTERPRET IT DIFFERENTLY.

UM, THERE'S NO QUESTION THERE.

THAT'S JUST ME STATING WHY, WHY WE ARE UNDERTAKING THAT, UH, EFFORT.

UM, AND I, I THINK I WOULD JUST VOICE A LITTLE FRUSTRATION THAT WE DO NOT HAVE A CLEAR, UM, SYSTEM OF MEASURE OF, I I, I GUESS OF, OF QUANTITATIVELY MEASURING SUCCESS.

I I DON'T WANNA GET INTO A CHECKLIST SYSTEM NECESSARILY, BUT, UH, IT FEELS TO ME TO THIS BODY HEARING THE WAY, HEARING MORE ABOUT HOW STAFF, UM, INTERACTS WITH AN APPLICANT, IT FEELS LIKE IT WOULD PUT STAFF ON STRONGER FOOTING FOR A DISCUSSION WITH AN APPLICANT OR THIS BODY TO COME OUT STRONGLY OR NOT STRONGLY TO COME OUT AND NOT APPROVE ANY PROJECT OR NOT RECOMMEND ANY PROJECT, UM, SUBSTANTIALLY, UH, UH, COMPLIES WITH THE URBAN DESIGN GUIDELINES AND MAKE RECOMMENDATIONS FOR IMPROVEMENT RATHER THAN TO, UH, TO MAKE A RECOMMENDATION THAT IT DOES COMPLY, IF THAT MAKES SENSE.

AND I, I DON'T THINK ANYBODY ON THAT BODY WANTS TO BE ON THIS BODY WANTS TO BE IN THAT POSITION.

COMMISSIONER LUKINS, DID YOU HAVE A QUESTION? GOOD SHAPE.

SO AFTER THE, UH, CERTIFICATION LETTER GOES OUT, THE STAFF ONLY REVIEWS FOR CODE REQUIREMENTS AND FOR WHATEVER NOTES ARE ON THE SITE PLAN.

SO I GUESS THE QUESTION IS THAT HOW DO THE RECOMMENDATIONS OF THIS COMMITTEE COMMISSION RATHER GET TRANSLATED INTO SITE PLAN NOTES? OR DO THEY GET TRANSLATED INTO SITE PLAN NOTES IF I MAY CHAIR? YES.

THANK YOU.

SOME DO GET ADDED AS NOTES ON THE SITE PLAN.

SOME ARE ADDED ON THE ACTUAL LANDSCAPE PLAN, FOR EXAMPLE.

WERE, WERE YOU EVER TOLD ABOUT THAT? I'M SORRY.

DOES THE COMMISSION EVER GET INFORMED OF THAT? IS THERE ANY WAY TO, FOR THE COMMISSION TO BE INFORMED OF THAT SORT OF FEEDBACK FROM Y'ALL IN TERMS OF, YOU KNOW, WHAT HAPPENS TO OUR RECOMMENDATION? YOU'RE WELCOME TO REQUEST STAFF GIVE YOU OKAY.

THAT DOCUMENTATION.

BUT NO, THE PROJECT IS NOT REQUIRED TO COME BACK TO THE

[01:00:01]

COMMISSION.

I MEAN, AND DEMONSTRATE MEAN I MEANT YOU, I MEAN NOT, I MEAN YOU PERSONALLY, BUT THE, UH, THE STAFF TO GIVE US FEEDBACK ABOUT WHAT, WHICH OF OUR RECOMMENDATIONS MANAGED TO MAKE THEIR WAY INTO SITE PLAN NOTES IT.

WE'RE HAPPY TO PROVIDE YOU THE OKAY.

APPROVAL PACKET THAT SHOWS YOU ALL THAT.

OKAY.

THANK YOU COMMISSIONER CARROLL.

THANK YOU CHAIR.

UM, I'LL JUST SAY THAT IF, AGAIN, IF WE'RE LOOKING AT THE LETTER OF THE ORDINANCE, IT'S PROBLEMATIC TO ME THAT URBAN DESIGN STAFF'S NOT INVOLVED WITH THE BUILDING PERMIT BECAUSE IT SPECIFICALLY CALLS FOR CHANGES IN DESIGN OF THE BUILDING, NOT THE SITE.

IT SAYS PRIOR TO BUILDING PERMIT APPROVAL AND THAT BUILDING PERMIT APPROVAL WILL NOT BE APPROVED, UM, UNTIL THE CHANGES ARE REVIEWED AND APPROVED.

AND THE FACT THAT YOU'RE ONLY REVIEWING THE SITE PLAN, I THINK REALLY TAKES YOU OUT OF THE PROCESS AS THE ORDINANCE INTENDED.

UM, SO I, I REALLY THINK THERE NEEDS TO BE SOME CHANGES, NOT JUST WITH THE SITE PLAN PROCESS, BUT ALSO WITH THE BUILDING PERMIT PROCESS.

ANY OTHER QUESTIONS, COMMENTS FROM COMMISSIONERS? I HAVE A QUESTION ON THE RECOMMENDATIONS.

UM, SO WHEN WE GO THROUGH THIS PROCESS AND WE VOTE, UM, YOU KNOW, WHEN, IF IT SUBSTANTIALLY MEETS AND WE VOTE AND EVERYBODY AGREES, OR THE MAJORITY AGREES, UM, OBVIOUSLY THAT'S REALLY ALL WE NEED TO SAY OR DO WE NEED TO EXPEL OUT WHERE THEY'RE WEAK OR ANYTHING IN MORE DETAIL? STAFF IS NOT IN A POSITION TO DICTATE TO THE COMMISSION HOW TO SHAPE YOUR RECOMMENDATIONS.

HOWEVER, WE RESPECTFULLY AND KINDLY ASK THAT WHEN YOU FIND A PROJECT TO BE NOT COMPLIANT WITH THE URBAN DESIGN GUIDELINES, THAT PART OF YOUR RECOMMENDATION AND FINDING OF THAT ENUMERATE SPECIFIC GUIDELINES THAT ARE DEFICIENT MM-HMM .

THAT THIS BODY WOULD FEEL THAT IF ADDRESSED COULD POTENTIALLY THEN BRING THE PROJECT INTO COMPLIANCE WITH THE URBAN DESIGN GUIDELINES.

WE RELY UPON THAT TO DO OUR ANALYSIS, AS YOU SAW ON THE PRESENTATION, LACK OF THAT SPECIFICITY MM-HMM .

AND GENERAL COMMENTS, WE, WE'LL TRY OUR BEST TO TRY TO TIE THOSE TO SPECIFIC GUIDELINES.

BUT AGAIN, YOU'RE PUTTING STAFF INTO A VERY PRECARIOUS SITUATION WHERE WE'RE TRYING TO INTERPRET WHERE THE COMMISSION IS TRYING TO FIND THOSE DEFICIENCIES IN RELATION