[00:00:03]
[CALL TO ORDER]
FEBRUARY 18TH.WE ARE IN AUSTIN CITY HALL COUNCIL CHAMBERS ROOM 1001.
I WILL START WITH A ROLL CALL CHAIR.
PARLIAMENTARY AND ALEJANDRO FLORES.
SHE IS HERE ONLINE DISTRICT ONE SCOTT BOONE.
BUT WE HAVE THE RIGHT TO CALL, NOT SEE SCOTT.
UH, DISTRICT FOUR, FELIX DEPORT HERE.
UH, DO WE HAVE ANY CITIZENS COMMUNICATIONS? NO.
UM, I WILL GO THROUGH, DO WE HAVE ANY QUESTIONS ON THE MINUTES FROM APRIL 6TH? FEBRUARY 6TH? I DUNNO WHERE I GOT APRIL FROM ANY
WHERE DID THE YEAR GO? WHERE DID THE YEAR GO? ANY COMMENTS ON THE MINUTES FROM FEBRUARY 6TH? HEARING NONE, WE'LL KEEP THAT
[Consent Agenda]
ON THE CONSENT AGENDA.ITEM TWO, REZONING CASE C 14 20 24 DASH 0 1 7 7 23 11 WEST HOWARD LANE.
UM, IT IS A REZONING CASE FROM GR TO CES.
IT IS RECOMMENDED BY CONSENT AND ON RECOMMENDED BY STAFF.
AND ON THE CONSENT AGENDA, ITEM THREE IS A REZONING CASE, C 14 20 24 0 1 6 9 ZIMMERMAN SF NORTH.
IT IS AT 11 300 ZIMMERMAN LANE.
IT IS A ZONING CASE FROM DR TO SF SIX THAT IS RECOMMENDED BY STAFF.
AND ON THE CONSENT AGENDA, NO, WE'RE POSTPONE IT POSTPONEMENT STAFF, I DON'T HAVE MY, THE CORRECT NOTES IN FRONT OF ME.
HANG ON, LET GET THE CORRECT VERSION HERE.
ITEM FOUR IS A REZONING KC 14 20 24 DASH 0 1 65 ZIMMERMAN SF SOUTH, UH, 11 3 0 1 ZIMMERMAN LANE.
IT IS FROM D TO SF SIX AND IS ALSO AN APPLICANT POSTPONEMENT TO THREE 18.
ITEM FIVE IS A REZONING CASE, C 14 20 24 DASH 0 1 8 1.
IT IS A REZONING CASE, MF THREE TO G-R-M-U-V DB 90.
AND WE'VE PULLED THAT FOR DISCUSSION.
SOME OF THE STAFF MEMBERS OR COMMISSION MEMBERS HAVE QUESTIONS.
ITEM SIX IS A SITE PLAN EXTENSION.
IT IS SP 2019 0 5 64 XT 2 6500.
MCNEIL ROAD IS A THREE YEAR EXTENSION TO A PREVIOUSLY APPROVED SITE PLAN.
IT IS RECOMMENDED AND ON THE CONSENT AGENDA, ITEM SEVEN, SFS SP 20 19 0 4 8 9 CXT TWO.
IT IS A REZONING CASE OF, I MEAN A SITE PLAN EXTENSION AT 1 2 8 2 9 PARMER RIDGE DRIVE.
THERE'S A REQUEST FOR A THREE YEAR EXTENSION FROM A PREVIOUSLY APPROVED SITE.
AND ON THE CONSENT AGENDA, ITEM EIGHT S, PC 2024 DASH 0 2 8 7, A PANDA EXPRESS CONDITIONAL USE PERMIT.
UM, IT IS CURRENTLY ON AS A DISCUSSION ITEM.
IS THERE ANYBODY HERE WHO WANTS TO DISCUSS THE ITEM? IF NOT, I'LL KEEP THAT ON THE CONSENT AGENDA WITH STAFF RECOMMENDATIONS AS WRITTEN.
SO ITEM EIGHT IS A CONSENT AGENDA ON THE CONSENT AGENDA AS RECOMMENDED BY STAFF.
UH, AND THAT'S IT FOR THE CONSENT AGENDA.
SO REAL QUICKLY, WE HAVE THE APPROVAL OF THE MINUTES.
ITEM THREE IS A POSTPONEMENT TO THREE 18.
ITEM FOUR IS A POSTPONEMENT TO THREE 18.
ITEM FIVE IS A DISCUSSION ITEM.
ITEM SIX IS A SITE PLAN EXTENSION AND IT'S ON CONSENT AGENDA.
ITEM SEVEN IS A SITE PLAN, CONSENT AGENDA ITEM.
AND ITEM EIGHT IS ON THE CONSENT AGENDA, UH, AS STAFF RECOMMENDATION.
DO I HEAR A MOTION TO APPROVE THE CONSENT AGENDA? MOTION TO APPROVE.
DO I HEAR A SECOND? NO, WE HAVE QUESTIONS.
WE CAN GET THE SECOND AND THEN ASK.
I WAS GONNA SAY, DO WE HAVE ANY QUESTIONS? SORRY, YOUR HONOR.
ANY QUESTIONS OR COMMENTS ABOUT THE CONSENT AGENDA? YES.
I HAVE QUESTIONS ABOUT, UM, NUMBER FIVE.
WELL, ADAMS FIVE IS PULLED FOR DISCUSSION.
OH, I THOUGHT YOU SAID WE WEREN'T.
UM, ANY OTHER, ALL THOSE IN FAVOR SAY A I I I WOULD GO AHEAD.
WHICH ONE I, I WOULD LIKE TO VOTE AGAINST.
ITEM NUMBER EIGHT ON THE CONSENT AGENDA, THE PANDA EXPRESS.
WITH THAT WE HAVE 1, 2, 3, 4, 5, 6, 7 YESES AND ONE OPPOSITION TO ITEM EIGHT.
[5. Rezoning: C14-2024-0181 - Far West Multifamily; District 10]
FIVE, UH, REZONING CASE C 14 20 24 DASH 0 180 1, FAR[00:05:01]
WEST MULTIFAMILY.IT IS A REZONING CASE OF MF THREE TO G-R-M-U-V DB 90.
WE'LL HAVE A, I GUESS, BRIEF STAFF PRESENTATION AND THEN OPEN UP FOR QUESTIONS.
THIS IS KC 14 20 24 0 180 1, WHICH IS FAR WEST MULTIFAMILY.
THE REQUEST IS FROM MF THREE TO G-R-M-U-V DB 90.
THE STAFF'S RECOMMENDATION IS TO GRANT COMMERCIAL COMMUNITY COMMERCIAL VERTICAL MIXED USE, CONDITIONAL OVERLAY DENSITY BONUS 90 COMBINED DIS COMBINING DISTRICT ZONING.
AND THE CONDITIONAL OVERLAY PROHIBITS ALL OF THE USES THAT ARE LISTED ON PAGE ONE AND TWO OF YOUR STAFF REPORT.
THE PROPERTY IN QUESTION IS THE 10 ACRE SITE THAT IS DEVELOPED WITH THREE MULTIFAMILY BUILDINGS, WHICH HAVE APPROXIMATELY 290 UNITS.
THE SITE HAS ACCESS TO HEART LANE AND IS ZONED MULTIFAMILY AND MEDIUM DENSITY MF THREE DISTRICT ZONING.
THE PROPERTY HAS A PLANNED UNIT DEVELOPMENT FOR THE DELL JEWISH COMMUNITY CENTER TO THE WEST MULTIFAMILY RESIDENCES THAT ARE ZONED MF THREE AND SF THREE TO THE NORTH AND EAST.
AND ALONG WITH VARIOUS COMMERCIAL USES FOR OFFICE AND RESTAURANTS THAT ARE ZONED GRV AND LO TO THE SOUTH AND WEST.
THE PROPERTY IS LOCATED IN THE FAR WEST CENTER AND IMAGINE AUSTIN AND FAR WEST BOULEVARD JUST ABOVE, JUST TO THE SOUTH OF THE FUTURE CORE TRANSIT CORRIDOR STAFF IS RECOMMENDING GRVD CO DB NINE COMBINING DISTRICT FOR THIS PROPERTY.
THE PROPOSED USE IS TO DEVELOP APPROXIMATELY 650 TO 700 RESIDENTIAL UNITS.
THIS WOULD ALLOW FOR APPROXIMATELY 78 TO 84 UNITS TO INCREASE THE AFFORDABLE UNITS IN THIS DISTRICT THAT WOULD ALLOW FOR MORE AFFORDABLE HOUSING IN THIS AREA.
THE APPLICANT HAS STATED THAT THE INTENT OF THE REZONING IS TO DEVELOP A DB 90, WHICH IS WHY THE STAFF DID NOT RECOMMEND MIXED USE MU UH, OVERLAY FOR THIS REQUEST.
THE APPLICANT AGREES WITH THE STAFF'S ALTERNATE RECOMMENDATION AND, AND IS IN AGREEMENT WITH THE NORTHWEST NORTH AUSTIN CIVIC ASSOCIATION FOR THE CONDITIONAL OVERLAY PROHIBITING ALL THE COMMERCIAL USES IN THE COMMUNITY COMMERCIAL DISTRICT THAT IS LISTED IN YOUR STAFF REPORT.
THE STAFF RECOMMENDS THE ZONING FOR THE FOLLOWING REASONS.
THE REZONING SHOULD BE CONSISTENT WITH THE POLICIES AND PRINCIPLES ADOPTED BY THE CITY COUNCIL.
THE CITY COUNCIL HAS PROVIDED POLICY DIRECTION FOR HAVING MORE RESIDENTIAL UNITS AND INCREASED AFFORDABILITY, AS WELL AS INCENTIVIZING, INCENTIVIZING VERTICAL MIXED USED BUILDINGS THROUGHOUT THE CITY.
THIS REQUEST REQUEST IS CONSISTENT WITH THE VMU TWO OPTION THAT WAS INVALIDATED AND REPLACED BY THE DB 90 OPTION.
NOW, THE PROPOSED ZONING SHOULD BE CONSISTENT WITH THE DISTRICT OF STATEMENT THAT IS SOUGHT, WHICH THIS IS.
THE ZONING SHOULD PROMOTE CLEAR AND IDENTIFIED COMMUNITY GOALS SUCH AS CREATING EMPLOYMENT OPPORTUNITIES FOR PROVIDING AFFORDABLE HOUSING.
THE REZONING AUTHORIZES THE PROPERTY TO PARTICIPATE IN A VOLUNTARY DENSITY BONUS OR INCENTIVE PROGRAM THAT PROVIDES MODIFICATIONS TO DEVELOPMENT REGULATIONS OR OTHER REGULATORY BENEFITS IN EXCHANGE FOR COMMUNITY BENEFITS.
IN EXCHANGE FOR INCREASED DEVELOPMENT POTENTIAL, THE DEVELOPMENT IS REQUIRED TO COMPLY WITH AFFORDABLE HOUSING REQUIREMENTS.
AND I'M HERE TO ANSWER ANY QUESTIONS.
CAN WE HEAR SPEAKERS? DID YOU WANNA HEAR FROM THE APPLICANT? AND THEN I THINK THE APPLICANT WAS JUST AVAILABLE TO ANSWER QUESTIONS.
WELL THEN, UNLESS YOU GOT A PRESENTATION.
WELL, I GUESS I'LL, YEAH, IF YOU'LL PULL UP THAT PRESENTATION, I GUESS WE'LL, WE'LL DO THIS AFTER ALL.
ALL RIGHT, UH, REAL QUICKLY, UH, GOOD TO SEE YOU ALL THIS EVENING.
MICHAEL WHALEN ON BEHALF OF THE APPLICANT.
UM, THE, UH, I'M HERE THIS EVENING TO REQUEST DB 90, TECHNICALLY GRV CO DB 90 WITH A WAIVER OF THE GROUND FLOOR COMMERCIAL REQUIREMENTS.
IT'S A SITE WITHIN THE FAR WEST IMAGINE AUSTIN CENTER, AND WITH ACCESS TO TWO CAP METRO BUS ROUTES.
WHILE THE PROPERTY IS ALREADY ZONED FOR MULTI-FAMILY USES WITH MF THREE, IT DOES NOT CURRENTLY ALLOW AN AFFORDABILITY BONUS TO PROVIDE FOR GROWTH IN EXCHANGE FOR NEW LONG-TERM INCOME RESTRICTED CAPITAL A, AFFORDABLE THE HOUSING, THE CURRENT ZONING ALSO DOES NOT PROVIDE THE NEW TENANT PROTECTIONS THAT COUNCIL HAS RECENTLY ADOPTED FOR DB 90, WE ARE ASKING FOR THE ABILITY TO PROCEED THROUGH THE DB 90 PROGRAM, WHICH WOULD PROVIDE NEW LONG-TERM AFFORDABLE UNITS AND INCLUDE THE CITY'S NEW TENANT PROTECTIONS STAFF RECOMMENDS OUR REQUEST AND WE'VE ALSO BEEN WORKING CLOSELY WITH NAKA NEIGHBORHOOD.
UM, I DO WANNA PAUSE, UH, POINT OUT THAT THE STAFF WISELY REMOVE THE MU SO THE ONLY WAY WE CAN HAVE RESIDENTIAL WILL BE WITH ONSITE AFFORDABLE HOUSING.
UM, I THINK IT'S IMPORTANT TO POINT OUT.
UH, HERE YOU CAN SEE WHERE THE PROPERTY IS.
IT'S ABOUT 10 ACRES ON HEART LANE JUST OFF FAR WEST.
IT'S IN THE HEART OF THE FAR WEST IMAGINE AUSTIN CENTER.
[00:10:01]
YOU CAN SEE HERE, IT'S ALONG THE DE A DESIGNATED FUTURE COURT TRANSIT CORRIDOR, WHICH IS FAR WEST BOULEVARD.THAT LITTLE SEGMENT AND COMMISSIONER STERN, IT HAS ACCESS TO SOME OF THE FEW CAPITAL METRO ROUTES SERVING DISTRICT 10, THE 30 BUS IN THE FAR WEST UT SHUTTLE, WHICH TOGETHER PROVIDES ACCESS TO DOWNTOWN AUSTIN, UNIVERSITY OF TEXAS NORTH CROSS MALL, THE CAPITAL AUDITORIUM, SHORES, ZILKER, AND BARTON CREEK MALL, AMONG OTHER PLACES.
IT'S ALSO WITHIN AN AREA THAT ALREADY FEATURES MULTIFAMILY, COMMERCIAL AND PUD ZONING.
IN OTHER WORDS, CITY POLICIES AND PRECEDENT IDENTIFY THIS AS AN APPROPRIATE LOCATION FOR GROWTH.
THE PROPERTY HAS DEVELOPED, YOU CAN SEE HERE, UH, WAS DEVELOPED ROUGHLY HALF A CENTURY AGO AS LOW DENSITY SUBURBAN STYLE MULTIFAMILY, SURROUNDED BY A LARGE SURFACE PARKING LOT, BUT WITHOUT THE MODERN WATER QUALITY AND STORMWATER FACILITIES REQUIRED TODAY.
WE ALSO RECOGNIZE THAT THE CITY IS SENSITIVE TO REDEVELOPMENT OF OLDER STRUCTURES LIKE THIS AND HAS APPROVED NEW TENANT PROTECTION REGULATIONS TO DEAL SPECIFICALLY WITH THESE TYPES OF CASES.
SPECIFICALLY, COUNCIL HAS REQUIRED THAT DB 90 CASES WITH RESIDENTIAL DEVELOPMENT PROVIDE CURRENT TENANTS WITH NOTICE MOVING EXPENSES FOUR MONTHS, RENT REFUNDED SECURITY DEPOSITS, LEASE TERMINATION RIGHTS, AND A RIGHT TO RETURN AFTER REDEVELOPMENT.
WE ARE COMMITTED TO FOLLOWING COUNSEL'S LEAD ON THIS ISSUE AND FULLY COMPLYING WITH THOSE NEW REGULATIONS.
UH, THIS JUST TALK TALKS ABOUT, UH, THE IMAGINE AUSTIN, UH, CENTERS IN DISTRICT 10 AND, UH, RECAP, WHICH IS, I'VE ALREADY STATED, SO I'M AVAILABLE FOR QUESTIONS.
I DON'T WANNA BE TOO REDUNDANT QUESTION.
I KNEW COMMISSIONER STERN WOULD BE EXCITED ABOUT THE BUS, THE BUS LOCATIONS.
AND THE IMAGINE AUSTIN CENTER.
UM, WELL THANK YOU FOR THE PRESENTATION AND UM, UH, JUST NOT SURE IF IT'S RELEVANT OR NOT, BUT, UH, UM, WHEN I SAW THE PROPOSAL, I WAS VERY HAPPY ABOUT IT.
UM, JUST 'CAUSE I THINK THAT THIS DISTRICT IS LACKING FOR, UM, THIS KIND OF DEVELOPMENT AND AFFORDABLE HOUSING, UH, ESPECIALLY CO-LOCATED NEAR THE TRANSIT FACILITY.
SO I THINK THE LOCATION IS TERRIFIC.
AND, AND ACTUALLY THE REASON WHY I WAS INTERESTED IN PULLING THIS FROM CONSENT WAS NOT BECAUSE I'M OPPOSED TO THE PROJECT, IT'S, I WAS WANTING TO UNDERSTAND THE CONDITIONAL OVERLAY, UM, BECAUSE THIS, UM, BODY HAS TALKED ABOUT MULTI-FAMILY PROJECTS NOT NEEDING MIXED USE TO HAVE SOME OF THESE ALLOWABLE USES.
AND WE'VE MADE A RECOMMENDATION ABOUT, UM, HAVING SOME OF THESE USES, LIKE SMALL MEDICAL OFFICE OR GENERAL RETAIL SALES OR, UM, LIMITED RESTAURANTS OR, UM, PET SERVICES BEING ALLOWABLE AS A CONDITIONAL USE IN SINGLE FAMILY.
AND, UM, JUST GENERALLY ALLOWABLE AND MULTIFAMILY.
AND I KNOW YOU WERE TALKING ABOUT MIXED USE BEING PULLED OUT, BUT IT SEEMS LIKE YOU'D AT LEAST WANT AN ADMINISTRATIVE OFFICE FOR YOUR SALES OFFICE.
SO, UM, IS THERE A REASON WHY WE CAN'T HAVE SOME OF THESE ON THIS PROPERTY? UH, I THINK IT'S IMPORTANT TO, UM, ALSO CONNECT WITH AND COMMUNICATE WITH THE NEIGHBORHOOD ASSOCIATION.
AND WE WORK CLOSELY WITH NAKA AND ONE OF THEIR ARTICULATED CONCERNS WAS HAVING, UH, LEAVING THE COMMERCIAL ON FAR WEST AS OUR FRONT DOOR, IF YOU WILL.
I MEAN, IT'S RIGHT THERE ON AS, AS THE FRONT DOOR, ALMOST AS YOUR GROUND FLOOR RETAIL.
I MEAN, I KNOW IT'S, UH, SE SEPARATED BY A COUPLE OF HUNDRED FEET.
YOU HAVE TO GO DOWN THE HILL TO GET TO IT.
I THINK YOU SAW THAT, UH, COMMISSIONER THOMPSON WHEN YOU DROVE BY.
BUT IT REALLY IS THE FRONT DOOR.
AND I GUESS THE NEIGHBORHOOD'S ARTICULATION IS NOT HAVING THE COMMERCIAL, UH, OPPORTUNITY CREEPING FURTHER INTO THE NEIGHBORHOOD.
IT DOESN'T MEAN THAT THERE CAN'T BE THOSE TYPES OF ACCESSORY USES.
AND I'LL LET STAFF, UH, ADDRESS THAT AND CONFIRM THAT.
WE CAN STILL DO, IF WE WANT SOME OF THOSE GROUND FLOOR USES AS ACCESSORY USES ON THE GROUND FLOOR, FOR EXAMPLE, EVEN THOUGH THEY'RE PROHIBITED AS, UH, SO THE ENTIRE BUILDING CAN'T BE THOSE PARTICULAR USES.
THE WHOLE IDEA WAS TO DO MULTIFAMILY HERE.
UH, BUT YOU CAN HAVE IT AS A SMALLER ACCESSORY USE, UH, ON THE GROUND FLOOR.
UH, BUT I'LL LET THEM ADDRESS THAT IF YOU WANT CONFIRMATION OF THAT.
YEAH, IT WOULD BE GREAT IF STAFF COULD CONFIRM THAT, THAT THAT'S REALLY MY ONLY CONCERN AT ALL.
I'D ALSO LIKE TO ADD, WE DID HAVE TWO MORE SPEAKERS ON THE APPLICANT'S TEAM SIGNED IN TO SPEAK IN FAVOR ON THIS ITEM.
I DIDN'T KNOW IF WE WANTED TO COME BACK TO THEM LATER OR IF THEY WANTED TO WAIVE THEIR RIGHTS TO SPEAK.
I CAN TELL WHO THEY'RE, THE, THE PEOPLE THAT ARE WAITING ARE, UH, THE OWNER REPRESENTATIVE AND, UH, THE UH, UH, CROW HOLDINGS, THE TRAMMELL CROW, UH, REPRESENTATIVE WHO'S DOING THE MULTIFAMILY.
THEY'RE AVAILABLE IF YOU WANNA HEAR FROM.
HUH? THEY'RE AVAILABLE TO ANSWER QUESTIONS OF THE YEAH, THEY'RE, IF THEY COULD REMAIN AVAILABLE TO ANSWER ANY QUESTIONS.
SO COMMISSIONER STERN, THERE IS A PROVISION IN THE CODE FOR ACCESSORY USES.
IT'S UP TO 10% OF THE SITE, SO OF THE PRIMARY USE.
[00:15:01]
SO A LEASING OFFICE WOULD BE, WOULD BE PERMITTED AS AN ACCESSORY USE.AND HOW ABOUT SOME OF THE, YEAH.
HOW ABOUT SOME OF THE OTHER USES LIKE, UM, A SMALL COFFEE SHOP OR PET SERVICES OR SMALL CONVENIENCES SO THAT PEOPLE WHO LIVE HERE DON'T NEED TO GET IN A CAR MM-HMM
TO GO TO HEART LANE? I MEAN, MAYBE THE PEOPLE WHO ARE ONE BLOCK OFF OF UM, FAR WEST WON'T, MAYBE THEY'LL WALK OVER THERE.
BUT, UM, IN MY EXPERIENCE, A LOT OF THESE PROPERTIES ARE BUILT WITH FENCES AROUND THEM.
SO PEOPLE WILL JUST GET IN A CAR TO GO TO FAR WEST RATHER THAN WALK.
AND SO IS IT POSSIBLE THAT SOME OTHER USES THEN ADMINISTRATIVE OFFICE WILL BE ALLOWABLE THERE? THERE COULD BE, BUT THEY WOULD HAVE TO MEET THE ACCESSORY USE PROVISIONS IN THE CODE SO THAT THEY WOULD BE A USE THAT WOULD BE COMBINED WITH THE PRIMARY USE OF THE MULTIFAMILY.
SO, UM, I DON'T HAVE THOSE PROVISIONS IN FRONT OF ME RIGHT NOW.
IT'S JUST 10% OF THE PRIMARY USE.
YOU CAN HAVE AN ACCESSORY USE.
USUALLY IT'S SOMETHING THAT ACCOMPANIES THAT PRIMARY USE.
SO SAY YOU HAVE A RELIGIOUS ASSEMBLY USED AND YOU WANNA HAVE AN INDOOR ENTERTAINMENT LIKE A BOWLING ALLEY, THAT THAT WOULD BE, AS LONG AS IT MET THAT 10% RULE, THEN THEY COULD HAVE THAT AS AN ACCESSORY, USE THE PRIMARIES EVEN IF THAT USE WAS PROHIBITED ON THE SITE.
SO IT NEEDS TO BE MANAGED BY THE PROPERTY ITSELF.
VERSUS IT 13, IT WOULD HAVE TO BE PART OF THE DEVELOPMENT.
SO, UM, THE REASON THE STAFF WAS SUPPORTIVE OF THE WAIVER FOR NO GROUND FOR COMMERCIAL WAS BECAUSE THIS IS GOING UPHILL AND BECAUSE, UM, HART IS A LEVEL TWO, WHICH IS A BASICALLY A COLLECTOR STREET AND WE FELT THAT THERE WAS ALREADY COMMERCIAL USES FRONT END, FAR WEST, SO IN THIS AREA.
SO MY CONCERN IS THAT THERE'S 290 UNITS ON THE GROUND.
I CALLED THE APARTMENT COMPLEX 'CAUSE THEY DIDN'T ADVERTISE THEIR RENTS AND ASKED, AND I WAS TOLD THAT THE COST FOR ONE BEDROOM, ONE BATHROOM IS $812 PER MONTH.
AND FOR A TWO BEDROOM, ONE BATH IS $841 PER MONTH.
AND THAT, UM, SO I GUESS ONE, MY FIRST QUESTION IS SECTION 4 18 32 IS ABOUT REPLACING AFFORDABLE U UNITS.
DOES THIS APPLY FOR MARKET RATE, AFFORDABLE HOUSING, OR ONLY FOR, UM, WHATEVER INCOME RESTRICTED BY LAW OR WHATEVER IT WOULD APPLY UNDER THE DB 90 REQUIREMENTS THAT ARE LISTED UNDER THAT SECTION OF THE CODE.
SO, UM, WHICH, LET ME GRAB IT.
'CAUSE I HAVE, IT SEEMS TO ME IT, IT MOST DOUBLES THE REQUIREMENT THAT IT CAN'T BE MORE THAN DOUBLE THE REQUIREMENT, WHICH IS ABOUT HALF OF THE 290.
AND THE OTHER CONCERN, OF COURSE, IS THE 4 18 33, WHICH ALLOWS THE COUNCIL TO WAIVE IT.
HI COMMISSIONER ERIC THOMAS WITH THE PLANNING DEPARTMENT.
SO THE APPLICABILITY OF, UH, 4 18 32 THROUGH DB 90 IS ONLY A SUBSECTION A AND THEN TWO THROUGH FIVE MM-HMM
SO IT DOES APPLY TO ANY MULTIFAMILY EXISTING DEVELOPMENT REGARDLESS OF THE PRICE OF THE UNIT, BUT IT'S JUST THE TENANT NOTIFICATION OF WHAT'S HAPPENING.
AND SO IT DOESN'T HAVE, UM, THE REQUIREMENT TO REBUILD, UM, THE, THE SAME UNITS AT THE SAME LEVEL OF AFFORDABILITY OR, UM, PROVIDE UNITS TO THOSE, UM, EXISTING TENANTS SPECIFICALLY.
SO THE DB 90 IS EITHER 50% OR 80 60% AFFORDABLE MFI.
UM, DEPENDING ON WHETHER, WHICH OPTION YOU CHOOSE, OR MAYBE THEY CAN EVEN DO A MIXTURE.
BUT COMPARED TO THESE EIGHT 12 AND 8 41, THE UM, 50% MFI FOR A ONE BEDROOM, ACCORDING TO I'M LOOKING AT CITY OF AUSTIN HOUSING DEPARTMENT AND AUSTIN HOUSING FINANCE CORPORATION 2024 HUD INCOME LIMITS AND RENT RATES, THE 50% IS 1,181 AND THE 60% IS 1,512.
THE TWO BEDROOM IS 1,417 AND 1701, UM, FOR 50 OR 60%.
SO CONSIDERABLY HIGHER THAN THE RENTS OF THE UNITS THAT ARE BEING DEMOLISHED.
UM, AT LEAST ACCORDING TO THE LEASING OFFICE WHAT THEY TOLD
[00:20:01]
ME.UM, SO I REALLY HAVE PROBLEMS WITH THE VULNERABLE POPULATIONS, THE PEOPLE WHO NEED AFFORDABLE HOUSING, THAT IT'S, WE'RE LOSING DEEPLY AFFORDABLE HOUSING.
WE'RE GETTING BACK SOME INCOME RESTRICTED, BUT NOT AT THE SAME LEVEL OF AFFORDABILITY AS WHAT'S BEING LOST.
UM, SO MY CONCERN, I I REALLY CAN'T SUPPORT, UM, THE LOSS OF 290 EXISTING AFFORDABLE UNITS FOR ME.
I DON'T KNOW HOW OTHER PEOPLE ON THE COMMISSION FEEL ABOUT THIS.
I, I UNDERSTAND WHERE YOU'RE COMING FROM.
THE CONCERN I'VE GOT IS THE FACILITY IS SO OLD AND RUN DOWN THAT AT SOME POINT IT'S GONNA BECOME UNINHABITABLE AND IT MAY BE REACHING THAT POINT ALREADY.
AND IF WE DO NOTHING, THEN YOU'RE GONNA HAVE NO AFFORDABLE UNITS ON THE SITE VERSUS THE REDEVELOPMENT, WHICH IS GONNA GIVE US CONSIDERABLY MORE, ALBEIT MAYBE NOT AS DEEPLY AFFORDABLE.
THAT'S KIND OF WHERE I WAS LOOKING AT IT.
BACKUP DID SAY THESE ARE BEEN WELL MAINTAINED, ALTHOUGH THEY ARE 50 YEARS OLD.
NOW I'M OVER 50 YEARS OLD AND I'M PRETTY WELL MAINTAINED.
OTHER QUESTIONS? I I WAS JUST GONNA, UM, ECHO COMMISSIONER STERN'S KIND OF CONCERNS QUESTIONS.
UH, I I FEEL LIKE, UH, WE'RE KIND OF INCONSISTENTLY APPLYING WHERE WE'RE PUTTING COMMERCIAL AND, AND IN RELATIONSHIP TO TRANSIT AND, UM, SO I JUST, I GUESS LET ME ASK A FURTHER CLARIFYING QUESTION ABOUT THE WAIVER.
'CAUSE I, I HAVE A LITTLE BIT OF CONFUSION ABOUT WHAT CAN BE DONE.
SO IT'S A CONDITIONAL OVERLAY PROHIBITING THESE PROHIBITED PERMANENTLY PROHIBITING RIGHT? PROHIBIT, YEAH.
COMMERCIAL OPPORTUNITIES ON THE GROUND FLOOR.
MICHAEL WHALEN, THEY'RE NOT, IT'S, I THINK THE, I THINK THERE'S BEEN SOME CONFUSION.
WE WANT TO BUILD A MULTIFAMILY THAT'S THE PRIMARY BASE USE.
HOWEVER, WE'RE NOT, WHAT WE'VE ASKED FOR IS A WAIVER OF THE REQUIREMENT THAT WE DESIGN THE GROUND FLOORS COMMERCIAL.
IT DOESN'T MEAN THAT WE ARE PROHIBITED FROM DOING COMMERCIAL ACCESSORY USES, INCLUDING THE ONES THAT, UH, COMMISSIONER STERN IDENTIFIED ON THE GROUND FLOOR.
THE LIMITATION WILL BE THE 10%.
IT CAN'T BE ANY MORE THAN 10%, BUT IT HAS TO BE RUN BY THE, UH, COMPANY, THE RESIDENTIAL COMPANY THAT THAT'S, SO IT COULDN'T BE LIKE A STARBUCKS COFFEE, IT WOULD HAVE TO BE A APARTMENT OWNED COFFEE.
BUT IT, BUT IT, BUT YOU WOULD BE ABLE AT LEAST TO HAVE, UH, THAT FLEXIBILITY ON THE GROUND FLOOR, ON THE ACCESSORY USES ONLY.
SO I, YOU KNOW, I JUST, I I ON RECORD HERE HAVING CONCERNS ABOUT THESE LARGE SCALE HIGH RAISES GOING IN WITH, WITH DEAD ZONES FOR WALKABILITY AND ACCESS FOR THE NEIGHBORHOOD.
AND, UM, SO I'M CONFLICTED ABOUT THIS ONE BECAUSE I UNDERSTAND THE FRONT DOOR CONCEPT FOR FAR WEST, BUT THAT THIS SCENARIO IS HAPPENING ALL ACROSS THE CITY AND WE'RE, WE ARE FORCING, WE ARE FORCING THAT AND WE'RE ACTUALLY THIS COMMISSION'S FORCING IT EVEN INTO SINGLE FAMILY, UM, DEEP INTO NEIGHBORHOODS.
SO THIS FEELS LIKE A STRANGE PROTECTION.
AND I GUESS IT'S ALSO, YOU KNOW, UH, UH, TERM WOULD BE SHALOM, BA YOU KNOW, TRYING TO MAKE PEACE IN THE HOUSE WITH
AND I DO REALLY SINCERELY APPRECIATE YOU WORKING WITH NAKA.
I THINK IT'S A PART OF THIS, YOU KNOW, AS WELL.
AND SO, UH, TRYING TO CREATE PEACE IN THE HOUSE AND UH, AN ABILITY TO BE PART OF THE NEIGHBORHOOD AND, UM, HAVING THAT DIRECT ACCESS TO HEART LANE, THAT'S WHERE THE FRONT DOOR WILL BE.
AND YOU JUST WALKED DOWN, YOU SAW HOW CLOSE IT WAS, JUST A COUPLE, YOU KNOW, IT'S VERY NICE.
NOT EVEN 150, 200 FEET TO THE RETAIL RIGHT THERE.
I MEAN IT'S REALLY, REALLY CLOSE TO WHERE THE DRIVEWAY WILL BE.
SO I THINK THIS IS A NICE COMPROMISE WHEN YOU'RE ALSO TAKING INTO ACCOUNT AS Y'ALL ALWAYS LIKE SOMEBODY TO DO NEIGHBORHOOD IS A STAKEHOLDER PARTICIPANT AS WELL.
SO I HOPE THAT, UM, AND WOULD ENCOURAGE YOU TO CONSIDER VOTING FOR IT IN THIS CASE, RATHER THAN LETTING IT DIE ON THE BUYING
I APPRECIATE YOUR WORK WITH THE NEIGHBORHOOD.
UM, THERE'S A WAY TO REWARD THAT, THAT WORK.
UM, WELL COULD I ASK ONE MORE QUESTION THOUGH? YEAH.
UM, WHAT DID, UH, WOULD IT CAUSE UM, DAMAGE TO YOUR PROJECT IF WE WERE TO REMOVE SOME OF THESE? I MEAN, NOT MANY OF THEM, JUST A FEW OF THIS PROHIBITED LIST.
I, I'M OF COURSE GOING TO, IT DOESN'T RUIN THE PROJECT AT ALL IF YOU AND I SEE WHERE YOU'RE GOING.
'CAUSE THEN WE COULD HAVE A THIRD PARTY COME IN AND OPERATE THAT AS, AS THE ACCESSORY USER, AS THE USE OR NO, ACTUALLY AS A PERMITTED USE ON THE GROUND FLOOR.
I THINK I UNDERSTAND WHERE YOU'RE GOING.
UM, OBVIOUSLY I'M GONNA GO AND TALK
[00:25:01]
TO NAKA ABOUT THIS.THEY'RE PROBABLY WATCHING BECAUSE, UH, I I MEAN I'LL TALK TO NAKA ABOUT IT.
IT DOESN'T, OF COURSE NOT IF, IF THAT, IF THE YOU'RE, YOU'RE EXPANDING OPTIONALITY BY CREATING THOSE AS PERMITTED USES.
SO DO YOU WANNA MAKE A MOTION ALONG THOSE LINES? UM, ONCE WE CLOSE? YEAH, SURE.
IS IT BECAUSE IF WE DIDN'T PROHIBIT IT, LIKE THE WHOLE BUILDING COULD BE THOSE COMMERCIAL USES THAT WE CAN'T REALLY SAY PERMITTED OR COULD WE PERMITTED ONLY ON THE GROUND FLOOR? WE DON'T HAVE THE ABILITY TO PROHIBIT IN A CERTAIN AREA OF THE BUILDING.
YOU WOULD, YOU WOULD ACTUALLY HAVE TO HAVE LIKE A FIELD NOTE OR A LEGAL DESCRIPTION TO DESCRIBE THAT SPECIFIC AREA.
YOU KNOW HOW WE DO WHEN WE DO COCKTAIL LOUNGES AND WE HAVE A SPECIFIC SQUARE FOOTAGE AREA THAT GIVES YOU A FOOTPRINT MM-HMM
SO THAT'S THE REASON WHY YOU WOULD HAVE TO BE VERY SPECIFIC ABOUT WHERE THEY WOULD BE ALLOWED.
SO I MEAN THE ACCESSORY USE PROVISION, LET ME TELL YOU WHERE IT IS.
AND SO BASICALLY IT SAYS THAT USES SHALL BE INCIDENT TO AND CUSTOMARY LA ASSOCIATED WITH THE PRINCIPAL USE.
SO IT WOULD BE SOMETHING THAT WOULD HAVE TO GO ALONG WITH THE MULTIFAMILY USE IF YOU WANTED TO DO IT AS AN ACCESSORY.
AND IT WOULD BE LIMITED 10 TO 10% OF THE OVERALL AREA.
NOW IF YOU WANTED TO PERMIT USES SUCH AS ADMINISTRATIVE BUSINESS OFFICE, IT WOULD JUST BE A PERMITTED USE ON THE SITE OVERALL.
SO THE WHOLE BUILDING CAN BECOME, IF IT COULD BE, IF THIS PROJECT DOESN'T GO THROUGH THE WHOLE BUILDING CAN BECOME A OFFICE BUILDING.
IF YOU HAVEN'T LISTED AS A PROHIBITED USE, IT'S PERMITTED UNDER GR.
SO, SO WE'RE OPENING UP A PENDO BOX.
IT JUST DEPENDS ON WHAT YOU UNDERSTAND.
DOES THAT MAKE SENSE,
DO I HEAR A MOTION, UH, GIVEN OUR CONSTRAINTS, I MOVE TO SUPPORT STAFF RECOMMENDATION.
ANY DISCUSSION? ALL THOSE IN FAVOR SAY AYE.
UH, IT IS A 1, 2, 3, 4, 5, 6, 7 TO ONE VOTE.
IS THAT RIGHT? 6, 7, 8 TO ONE VOTE EIGHT.
THAT IS EVERYTHING ON THE CONSENT AGENDA.
DISCUSSION AND ACTION ITEMS THERE.
I BELIEVE IT'S SEVEN TO ONE CHAIR.
[9. Discussion and action to review and revise the draft Rules of Procedure. (Sponsors: Vice Chair Greenberg and Commissioner Puzycki)]
I.DISCUSSION AND ACTION TO REVIEW THE REVISE AND REVISE THE DRAFT RULES OF PROCEDURE.
THIS IS A ITEM SPONSORED BY VICE CHAIR GREENBERG AND COMMISSIONER PKI.
WE HAVE STAFF PRESENTATION OR DOES EITHER, UM, WE PROVIDED THE MM-HMM
RED LINED AND CLEAN COPY SO WE CAN PULL THOSE UP.
BUT WE DID NOT HAVE A STAFF PRESENTATION FOR THIS ITEM.
UM, THAT I APPRECIATE THE REVISIONS PROVIDED BY CITY LEGAL THAT WERE INTENDED TO, UM, DEAL WITH LIKE OUR TEXAS OPEN MEETINGS ACT VIOLATIONS, LIKE PROHIBITING SPEAKERS ON.
WE HAD IT WRITTEN THAT YOU, WE COULD PROHIBIT SPEAKERS ON STAFF PRESENTATIONS.
PRESENTATIONS ON STAFF, WHATEVER.
UM, AND SO IT WAS ADDED THAT THERE WERE ALLOWED TO HAVE SPEAKERS ON THAT.
I CAN'T REMEMBER THE OTHER THING.
UM, OH, WHAT I WAS WONDERING IS, IS UM, ABOUT THE RESTRICTION OF TESTIMONY FOR DISPARAGING LANGUAGE.
I WAS TOLD BY A PERSON WHO CARES ABOUT TOOMA.
UM, THE TOOMA SPECIFICALLY ALLOWS CRITICISM BY SPEAKERS.
AND SO THAT MAYBE WE SHOULD REMOVE THE WORDS THAT SAY, I THINK THIS WAS IN THE SECTION THREE A ONE THAT SAY, UM, THAT YOU'RE NOT ALLOWED TO HAVE DISPARAGING WORDS.
THREE A ONE SAYS EACH PERSON ATTENDING A COMMISSION MEETING SHOULD OBSERVE THE QUORUM.
A PERSON SHOULD NOT SPEAK OUT OF TURN, USE DISPARAGING OR ABUSIVE LANGUAGE OR MAKE THREATS OF VIOLENCE AGAINST ANY OTHER PERSON AT A COMMISSION MEETING THAT MAYBE WE SHOULD REMOVE THE
[00:30:01]
DISPARAGING, IT'S LIKE CRITICISM.I DON'T KNOW WHERE THE LINE IS BETWEEN BEING RUDE AND BEING
YOU KNOW, THAT MAYBE WE SHOULD REMOVE THE DISPARAGING LANGUAGE REFERENCE AND SPEAKING OUT OF TURN.
MAYBE WE SHOULD JUST REALLY MAKE IT SPECIFIC AND SAY NO PERSON SHOULD SPEAK UNTIL RECOGNIZED BY THE CHAIR.
UM, SO THAT PEOPLE KNOW YOU HAVE TO BE RECOGNIZED BY THE CHAIR.
SO THOSE ARE MY ONLY SUGGESTIONS ON THE RULES.
I REALLY APPRECIATE THE WORK, THE EXTRA WORK THAT I DON'T KNOW IF WE PUSHED THEM LAST MEETING, BUT FINALLY WE GOT NEW RULES AND I THINK IT'S REALLY IMPORTANT THAT WE DO HAVE RULES THAT ALLOW OPEN MEETINGS TO BE ADHERED TO.
IT'S MY ONLY CONCERN ON USING DISPARAGING.
I DON'T KNOW ENOUGH TO KNOW ONE WAY OR THE OTHER.
I WOULD DEFER TO LEGAL DIVISION TO SEE WHAT THEY SAY ABOUT THAT.
I MEAN, I DON'T WANNA ENCOURAGING DISPARAGING AGREE.
I JUST DON'T KNOW WHAT THAT MEANS.
A LOT OF THESE THINGS ARE, ARE DEFINED IN CODE SOMEWHERE.
AND, AND I DON'T WANNA, I THAT'S JUST, WE CAN MAKE THE SUGGESTION TO LEGAL TO, TO LOOK AT THAT FOR US.
CAN WE REMOVE THAT LANGUAGE? AND I WOULD DEFINITELY CHANGE THE SPEAK OUT OF TURN.
WHICH WOULD TO SAY MAY ONLY SPEAK WHEN RECOGNIZED.
NO PERSON SHOULD SPEAK UNTIL RECOGNIZED BY THE CHAIR.
DID Y'ALL GET THAT CHANGE? OKAY.
AND I WOULD TAKE THE OTHER, I MEAN, AND MAYBE ASK CITY LEGAL WHETHER WE WOULD BE BETTER TO REMOVE DISPARAGING.
AND JUST SAY USE ABUSIVE LANGUAGE.
I WOULD, I WOULD AGREE WITH THAT.
WE SHOULDN'T USE ABUSIVE LANGUAGE.
ANYTHING ELSE? THAT'S ALL I HAVE.
I SAID WE NEED A VOTE ON THESE.
DO I HEAR A MOTION PURSUANT TO, TO APPROVE WITH THOSE, WITH THOSE COMMENTS.
UM, DID FELIX VOTE? FELIX? UH, DID FELIX VOTE? FELIX LOOKS FROZEN.
FELIX, ARE YOU FROZEN? MOVING? HE'S THERE.
[WORKING GROUP/COMMITTEE UPDATES]
UPDATES COS AND NORTIS JOINT COMMITTEE.COMMISSIONER FLORES OR STERN? YEAH.
WE HAVE A MEETING TOMORROW AND WE HAVE ONE DISCUSSION AND ACTION ITEM TO SPECIFY AN AMENDMENT PROCESS FOR AREA PLANS INCLUDING STATIONARY VISION PLANS.
ANYTHING ELSE? COMPENSATED PLAN, JOINT COMMITTEE, COMMISSIONER, CHAIR SMITH, COMMISSIONER FAZER AND THOMPSON.
AND THERE'S NO SCHEDULED MEETING, RIGHT? SMALL PLANNING AREA JOINT COMMITTEE? NOT LATELY, NO MEETING.
AND DEPENDING ON WHAT HAPPENS WITH C MEETINGS, THESE ALL MAY GO AWAY.
[FUTURE AGENDA ITEMS]
ITEMS? ANY FUTURE AGENDA ITEM REQUESTS? THERE WAS SOMETHING RIGHT.THAT'S WHAT I WAS GONNA LOOK AT TO SEE.
FOR EXAMPLE, THOSE THREE COMMITTEES ARE RECOMMENDED TO GO AWAY.
THEY'D REALLY, BY THE WAY, THE COMMISSION, I DON'T LOOK AT 'EM GOING AWAY.
BY THE WAY, THE COMMISSION'S BREAKING THE, THE COMMITTEES UP, THOSE WOULD ALL BE DIRECTLY UNDER THE PLANNING COMMISSION.
SO THERE WOULDN'T BE A JOINT COMMITTEE BECAUSE ALL OF THE DUTIES ASSOCIATED WITH THE COMPETENCY PLAN WOULD BE AT THE PLANNING COMMISSION.
SO THERE'S NO NEED TO HAVE A JOINT COMMITTEE.
UM, SAME THING AS THE SMALLER AREA PLANNING, JOINT COMMITTEE, CO NORS JOINT COMMITTEE.
THEY JUST, ALL OF THOSE DUTIES FALL UNDER THE PLANNING COMMISSION.
SO THERE'S NO JOINT COMMITTEE ANYMORE.
YEAH, I DON'T REMEMBER FOR SURE.
THERE USED TO JUST BE CODES AND ORDINANCES.
THAT WAS JUST A COMMITTEE OF THE PLANNING COMMISSION.
UM, I DON'T REMEMBER ABOUT THE OTHER TWO.
UM, ANYTHING ELSE BEFORE WE CLOSE? I'D LIKE TO RECOGNIZE VICE CHAIR GREENBERG.
I THINK THIS IS HER LAST MEETING.
I KNOW A REPLACEMENT HAS A REPLACEMENT HAS BEEN APPOINTED.
IF THE REPLACEMENT GETS TRAINED, THEN, THEN
WELL, I JUST WANNA THANK YOU FOR YOUR DEDICATION.
AND YOUR, UM, OUTREACH TO COMMUNITIES AND YOUR HARD WORK AND REPRESENTING THE DIFFERENT VIEWPOINTS IN THE CITY HERE.
UM, UM, OF COURSE THIS IS NOT ALL REASONABLE.
PEOPLE AGREE ON EVERYTHING
[00:35:01]
THE, UM, COMMISSION'S BEEN RUN AND THAT THERE HAVEN'T BEEN ANY DISPARAGING LANGUAGE.WE'VE HAD SOME GOOD DISCUSSIONS AND I PARTICULARLY APPRECIATE THE EFFICIENCY THAT, UM, CHAIR SMITH RUNS THE MEETINGS.
AND OF COURSE THE STAFF, YOU WILL BE MISSED.
WE HAVE GREAT DISCUSSIONS AND ALWAYS ENJOY OUR DISCUSSIONS.
THEY GO IN ALL DIFFERENT DIRECTIONS.
THANK YOU COMMISSIONER GREENBERG.
ANYTHING ELSE? I'LL STILL SEE YOU AROUND PROBABLY.
IF THAT, WE WILL STAND ADJOURNED OR SIT, ADJOURN OR WHEREVER.