[00:00:02]
FORUM PRESENT WITHIN THE COUNCIL CHAMBER
[CALL TO ORDER]
AS I NOW CALL THIS MEETING OF THE PLANNING COMMISSION TO ORDER AT 6:03 PM FIRST, WE'LL TAKE ROLE.PLEASE ACKNOWLEDGE YOUR PRESENCE WHEN I CALL YOUR NAME AND I'LL CALL AN ORDER LISTED ON THE AGENDA CHAIR.
COMMISSIONER HOWARD IS NOT HERE THIS EVENING.
COMMISSIONER BARRERA RAMIREZ, I BELIEVE IS WILL BE JOINING US SHORTLY.
I JUST WANNA BRIEFLY WELCOME OUR NEWEST DISTRICT EIGHT COMMISSIONER.
THANK YOU SO MUCH FOR BEING WITH US.
I'D ALSO LIKE TO RECOGNIZE OUR EXOFFICIO MEMBERS WHO WILL BE JOINING US SHORTLY.
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 SIMILARLY, SPEAKERS CAN PRESENT FROM THE CHAMBERS OR PARTICIPATE VIRTUALLY VIRTUAL COMMISSIONERS.
PLEASE REMEMBER TO SEND YOUR SIGN IN SHEET TO OUR STAFF LIAISON PER THE CLERK'S GUIDELINES.
AND PLEASE HAVE YOUR GREEN, RED, AND YELLOW ITEMS FOR VOTING.
ALSO, PLEASE REMAIN MUTED WHEN YOU'RE NOT SPEAKING AND RAISE YOUR HAND TO BE RECOGNIZED.
AND IF I MISS YOU, PLEASE TRY AGAIN AND COME OFF MUTE AND LET ME KNOW VERBALLY IF YOU NEED TO.
I'D LIKE TO RECOGNIZE COMMISSIONER BARRERA RAMIREZ IS HERE WITH US.
IF YOU ARE SIGNED UP TO SPEAK, YOU'LL RECEIVE AN EMAIL PRIOR TO THE COMMISSION TAKING UP YOUR ITEM.
WE'LL HAVE ASSISTANCE FROM MS. BROWN IN ANNOUNCING THE SPEAKERS DURING PUBLIC HEARING.
MS. BROWN, DO WE HAVE ANYONE SIGNED UP TO SPEAK DURING PUBLIC COMMUNICATION? NO, WE HAVE NO SPEAKERS.
THE FIRST ITEM ON THE CONSENT AGENDA
[Consent Agenda]
IS THE APPROVAL OF MINUTES FROM THE MAY 27TH MEETING.DOES ANYONE HAVE ANY EDITS TO THOSE MINUTES? HEARING NONE THE MINUTES WILL BE ADDED TO THE CONSENT AGENDA.
OUR FIRST ACTIVITY TODAY IS TO VOTE ON THE CONSENT AGENDA.
ITEMS THAT ARE CONSENT APPROVAL, DISAPPROVAL, POSTPONEMENTS OF PUBLIC HEARINGS AND NON-DISCUSSION ITEMS. SECRETARY MAXWELL WILL READ THE PROPOSED CONSENT AGENDA AND IDENTIFY THOSE THAT ARE CONSENT, POSTPONEMENT AND NON-DISCUSSION AND COMMISSIONERS.
YOU'LL HAVE THE OPPORTUNITY TO REQUEST THAT CONSENT ITEMS BE PULLED FOR DISCUSSION AFTER THAT READING.
COMMISSIONER MAXWELL, WOULD YOU HELP ME BY READING THE CONSENT AGENDA PLEASE? UH, HAPPY TO.
UH, TONIGHT'S PUBLIC HEARINGS.
UH, ITEM NUMBER TWO, PLAN AMENDMENT NPA 20 24 0 0 2 0 1 6 2 0 1 CROW LANE, DISTRICT TWO.
THAT'S DISCUSSION THE ASSOCIATED REZONING CASE C 14 20 24 0 1 68 6 2 0 1 CROW LANE DISTRICT TWO.
UH, ITEM NUMBER FOUR, PLAN AMENDMENT NPA 20 23 0 0 2 5 0.0 2 55 55 24 WEST HIGHWAY TWO 90, DISTRICT EIGHT, THAT'S APPLICANT INDEFINITE POSTPONEMENT.
ITEM NUMBER FIVE IS REZONING C 14 20 25 0 0 3 6 AND WALSH DISTRICT NINE.
THAT'S STAFF POSTPONEMENT TO JUNE 24TH.
ITEM NUMBER SIX, REZONING C 14 20 25 0 0 2 4.
LITTLE LION DISTRICT FIVE, THAT'S APPLICANT POSTPONEMENT TILL JUNE 24TH.
ITEM NUMBER SEVEN, REZONING C 14 20 25 0 3 9 13 0 4 5 WEST RF DISTRICT THREE.
THAT'S APPLICATION POST APPLICANT POSTPONEMENT TO 6 24.
ITEM NUMBER EIGHT IS REZONING C 14 20 25.
4 3 6 0 8 BLANCO, DISTRICT NINE.
ITEM NUMBER NINE IS ALSO A RESTRICTIVE COVENANT, UH, C 14 6 0 6 0 1 7, UH, 17 13 17 AND 1405 EAST RIVERSIDE DRIVE, DISTRICT NINE AND THAT'S APPLICA APPLICANT INDEFINITE POSTPONEMENT.
ITEM NUMBER 10 IS RESTRICTIVE COVENANT TERMINATION.
THAT'S C 14 72, 2 99 17, 13 17, AND 1405 EAST RIVERSIDE DRIVE, DISTRICT NINE.
THAT'S APPLICANT INDEFINITE POSTPONEMENT.
UH, ITEM NUMBER 11 IS A SITE PLAN EXTENSION SP 2 0 1 8 0 1 8 1.
CT HIGHLAND OFFICE EXTENSION DIS TWO, DISTRICT FOUR.
ITEM NUMBER 12 IS A RIGHT OF WAY VACATION ZERO, UH, 0 24 1 2 8 3 9 0 LM 1 1 1 4 WEST FIFTH STREET, DISTRICT NINE.
THE STAFF RECOMMENDATION IS NOT RECOMMENDED AND THE CASE IS UP FOR APPLICANT INDEFINITE POSTPONEMENT.
THOSE ARE OUR ITEMS, VICE CHAIR.
DO ANY COMMISSIONERS NEED TO RECUSE OR ABSTAIN FROM ITEMS ON THE AGENDA? HEARING NONE, MS. BROWN, DO WE HAVE SPEAKERS SIGNED UP TO SPEAK ON ANY OF THE CONSENT ITEMS? YES.
VICE CHAIR, OUR PRIMARY SPEAKER FOR ITEM NUMBER SIX.
[00:05:01]
YOU'LL BE JOINING US VIRTUALLY AS RIKA KEEPERS RIKA, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR COMMENTS.DO WE HAVE ANY SPEAKERS THAT WE CAN MOVE ON TO WHILE MS. KEEPERS COMES ONLINE? UM, SHE SHOULDN'T BE JOINING SHORTLY.
CAN YOU HEAR ME NOW WE CAN HEAR YOU.
I'M ONLY HERE IF YOU GUYS HAVE QUESTIONS FOR ME.
STAFF WANTED ME TO JOIN TO SUPPORT, UM, IF YOU HAVE QUESTIONS.
UM, SO OUR NEXT SPEAKER IS JED TAYLOR WHO'LL BE JOINING US VIRTUALLY.
JED, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR COMMENTS.
WE'RE GONNA GO ONTO OUR NEXT SPEAKER.
YOU CAN JUST STATE YOUR NAME THERE, THINGS THAT THEY MIGHT WANNA LOOK AT.
UH, I'M HERE TO SPEAK IN FAVOR OF THE SALON.
IT ONLY HAS TWO PEOPLE THAT WORK THERE.
IT'S WITHIN KEEPING OF THE TREND OF, UM, BUSINESSES ON THE GROUND LEVEL AND LIVING ABOVE.
IT'S ACROSS THE PARKING LOT FROM OTHER, UH, ESTABLISHMENTS, A CHICKEN PLACE AND A UH, UH, PHARMACY.
AND IT'S A REALLY NICE SITUATION.
SHE HAD NO CLUE WHEN SHE MOVED IN THERE THAT SHE COULD NOT BE THERE.
SO SHE HAS TAKEN A LONG PROCESS AND TRIED TO FOLLOW ALL THE RULES AND DO AS MUCH AS SHE CAN TO STAY THERE AND MAKE IT AS NICE AS SHE CAN.
I BROUGHT SOME REALLY NICE PHOTOS IF Y'ALL WANNA SEE THEM.
THERE'S NO LOUD MUSIC, NO DANCING GIRLS.
BUT I JUST WANTED TO SAY THAT I'M HERE TO, UH, SPEAK IN FAVOR OF THIS SALON AND I HOPE YOU WILL ALLOW HER TO STAY THERE.
JENNIFER, YOU HAVE THREE MINUTES.
HI, I'M JENNIFER DEREK, I'M SPEAKING IN FAVOR OF THE SALON.
UM, LIKE TUBA SAID, SHE DID NOT KNOW THAT IT WAS, SHE WAS NOT SUPPOSED TO HAVE A SALON WHENEVER SHE MOVED THERE.
SHE HAS SPENT THOUSANDS OF DOLLARS.
IT'S BEEN EXTREMELY STRESSFUL FOR HER AND HER FAMILY.
I MENTIONED THAT BECAUSE I READ THE EMAIL THAT THE GENTLEMAN SENT AND HE SAID THAT SHE DOESN'T PLAN TO STAY THERE LONG.
SHE PLANS TO STAY THERE AS LONG AS SHE WORKS.
UM, SHE HAS NO PLANS TO MOVE AS FAR AS THE PARKING GOES.
SHE'S BEEN VERY CLEAR ABOUT WHERE WE'RE ALLOWED TO PARK AND WHERE WE ARE NOT ALLOWED TO PARK.
UM, SHE DOESN'T LET ANYBODY PARK IN RESERVE SPOTS AND SHE'S JUST VERY CONSIDERATE OF THE PEOPLE THAT LIVE AROUND THERE.
BEFORE SHE HAD THIS, BEFORE SHE HAD THE SALON WHERE IT IS NOW, SHE HAD A DIFFERENT SALON, WHICH WAS ALSO IN A LIVE WORK BUILDING.
SO SHE'S FAMILIAR WITH THAT AND HAS ALWAYS BEEN VERY CONSIDERATE OF RESIDENTS AND OTHER BUSINESSES.
UM, THAT'S REALLY ALL I HAVE TO SAY ABOUT IT.
WE'LL BE NOW SWITCHING TO OUR SPEAKERS AND OPPOSITION.
QUENTIN ILLA, YOU'LL HAVE THREE MINUTES.
HOW'S EVERYBODY? THANK Y'ALL FOR YOUR TIME.
I KNOW, UH, IT'S NOT EASY AND I APPRECIATE ALL THE FOLKS ON THE BACK END.
UH, MY WIFE AND I HAVE OWNED THIS CONDO SINCE IT WAS NEW WHEN IT WAS FIRST BUILT IN 2007.
UH, PLANNING COMMISSION HAS BEEN INVOLVED PREVIOUSLY, UH, REPRESENTATIVE BY THE NAME OF STEVEN RYE AND LAID OUT TO ALL THE OWNERS.
UM, USE DETERMINATION, HOW IT'S USED, HOW TO LOOK UP THE CITY WEBSITE.
[00:10:02]
I I, IT ADVERSELY AFFECTS MY FAMILY.UH, I'M DIRECTLY NEXT TO THIS UNIT.
THERE'S NOT A LOT OF FOLKS THAT WANNA BE NEXT TO A HAIR SALON.
UH, WE'VE ALWAYS DONE WHAT'S RIGHT AS FAR AS THE ZONING.
UM, WE'VE OPERATED WITHIN ZONING.
UM, ANY TENANTS THAT WE'VE HAD, IF WE HAVEN'T OCCUPIED IT, THEY'VE ALWAYS BEEN, UH, APPROPRIATELY ZONED.
UM, IT'S UNFORTUNATE THAT THIS, UH, INDIVIDUAL DIDN'T TAKE THE TIME TO DO THEIR DUE DILIGENCE AND GET A USE DETERMINATION OR CHECK, UH, WHAT IT WAS ZONED AT.
UM, IT'S UNFORTUNATE THAT THEY DIDN'T GET A AGENT TO HELP THEM OR, UM, YOU KNOW, UNFORTUNATE THAT THE, THE OWNER OF THE SPACE WASN'T UP FORTH AND COMING.
UM, UNFORTUNATELY IT'S UH, IT'S NOISIER THAN I'D LIKE.
UH, THE BUILDINGS AREN'T VERY, UH, THICK WALLS.
I WOULDN'T SAY IT'S THE BEST CONSTRUCTION.
THERE'S SMELL AND THERE'S VIRTUALLY NO PARKING.
THERE IS SIX PARKING SPOTS THAT ARE OPEN IN THE VERY BACK THAT AREN'T RESERVED.
UM, IF THEY HAVE TWO PEOPLE THERE WORKING, THAT'S, YOU KNOW, 32 PEOPLE THAT ARE COMING IN IN A DAY.
ALSO, THE WATER, UH, IT'S NOT INDIVIDUALLY METERED.
SO ONE OF THE PROBLEMS IS EVERYBODY'S PAYING THE BURDEN FOR THIS COST OF WATER AND WASTEWATER.
UM, SO OUR DUES WILL GO UP, ALL THE OWNERS AS WELL AS, UH, PARKING SITUATION.
AND I REGULARLY HAVE TO CALL A TOW TRUCK 'CAUSE I CAN'T PARK.
UM, I CAN'T EVEN GET INTO MY OWN SPACE.
I'VE REACHED OUT TO THE OWNER VIA EMAIL, VIA TEXT.
YOU'RE IN THE MIDDLE OF CUTTING SOMEBODY'S HAIR, DYING SOMEBODY'S HAIR.
LIKE IT, I GET IT'S, UH, YOU'RE NOT GONNA BE ABLE TO RESPOND.
BUT IT'S UNFORTUNATE THAT THE CITY, UH, IS OPEN TO NOT PRESERVING PEOPLE'S RIGHTS AND WHAT THEY'VE PURCHASED AND WHAT THEY PLAN ON DOING WITH THESE BUILDINGS.
AND, UM, YOU KNOW, I DON'T WANNA WASTE EVERYBODY'S TIME.
I EVERYBODY WANTS TO GET HOME, GET TO THEIR FAMILIES.
UM, BUT AGAIN, UH, THERE'S OWNERS THAT ARE OUT THERE THAT HAVE BEEN DOING WHAT THEY'RE SUPPOSED TO DO.
YOU KNOW, I DON'T EVEN ENTERTAIN PEOPLE THAT WANNA RENT OUR UNIT THAT WANTS TO USE IT FOR A RESTAURANT OR A TATTOO PARLOR.
LIKE IF YOU DON'T HELP STEER 'EM IN THE RIGHT DIRECTION.
UM, THANK Y'ALL FOR YOUR TIME.
AND THEN I KNOW IT'S NOT AN EASY JOB, STAFF AND BACK TAKING NOTES.
I GREW UP HERE FROM, UH, YOU KNOW, FROM KINDERGARTEN ALL THE WAY TO HIGH SCHOOL.
AND, UH, I HOPE, I HOPE THIS, UH, HELPS KEEP US PRESERVED.
OUR NEXT SPEAKER IS THE APPLICANT ON ITEM NUMBER EIGHT.
THIS IS BEING OFFERED FOR CONSENT.
RICHARD SU, YOU'LL HAVE FIVE MINUTES.
MR. SUTTLE IS WAIVING HIS TIME AND I JUST WANNA TAKE A MOMENT TO BRIEFLY ACKNOWLEDGE OUR EX FIO MEMBER BOARD OF ADJUSTMENTS.
CHAIR COHEN IS WITH US AS WELL.
OUR NEXT SPEAKER IS, UH, THE PRIMARY SPEAKER FOR ITEM 11.
THIS IS BEING OFFERED FOR CONSENT.
KATE, YOU'LL HAVE FIVE MINUTES.
SO GOING ON TO THE NEXT SPEAKER.
UM, WE HAVE THE APPLICANT SPEAK ON ITEM NUMBER 12.
THIS IS BEING OFFERED FOR A APPLICANT INDEFINITE POSTPONEMENT.
UM, WOULD DONATE TIME FROM DREW RAPHAEL.
DREW, ARE YOU HERE? I BELIEVE MS. BOJO IS WAIVING HER TIME.
AND AS WE GO THROUGH THE LIST OF SPEAKERS HERE, I JUST WANNA NOTE THAT THIS ITEM IS UP FOR APPLICANT INDEFINITE POSTPONEMENT.
YOU'RE CERTAINLY STILL WELCOME TO TAKE YOUR TIME AND SPEAK AND IF YOU WISH TO WAIVE YOUR TIME, YOU CAN JUST WAIVE YOUR HAND.
OUR NEXT SPEAKER IS ELLE MEAD.
UH, WELL THIS IS SPEAKERS IN OPPOSITION.
NICOLE, YOU'LL HAVE FIVE MINUTES.
OUR NEXT SPEAKER IS BAILEY GRIFFITH BAILEY, YOU'LL HAVE THREE MINUTES WAIVING HIS TIME AS WELL.
I, OUR NEXT SPEAKER IS ELEANOR HALSEY.
ELEANOR, YOU'LL HAVE THREE MINUTES.
OUR NEXT SPEAKER IS STEPHANIE GRIFFITH, WHO IS JOINING US VIRTUALLY.
STEPHANIE, YOU'LL HAVE, UH, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR COMMENTS.
[00:15:06]
OKAY.OUR NEXT SPEAKER IS STEVEN GRIFFITH.
PLEASE PRESS STAR SIX AND PROCEED WITH YOUR COMMENTS.
OUR NEXT SPEAKER IS TYLER GROOMS, WHO IS RECEIVING TWO MINUTES FROM OLIVIA FRANCE.
OLIVIA, ARE YOU HERE? MR. GROOMS IS WAVING HIS TIME.
THE NEXT SPEAKER IS MILA SANTANA.
MILA, YOU'LL HAVE TWO MINUTES.
OUR NEXT SPEAKER IS DONNA OSBORNE.
DONNA'S RECEIVING TWO MINUTES FROM SHEILA LYON.
OUR NEXT, AND THAT CONCLUDES OUR SPEAKERS ON THE CONSENT AGENDA.
DO ANY COMMISSIONERS WANT TO PULL ANY OF THE CONSENT ITEMS FOR DISCUSSION OR OTHERWISE HAVE QUESTIONS ON THE CONSENT AGENDA THIS EVENING? YES, SECRETARY MAXWELL.
I HAD A COUPLE OF QUESTIONS AROUND, UM, ITEM 12 AND I WAS WONDERING IF I COULD POTENTIALLY SPEAK TO THE APPLICANT.
UM, FIRST I THINK I'D LIKE TO THANK ALL THE PARTIES INVOLVED.
I KNOW THIS HAS BEEN QUITE A DISCUSSION ITEM AND IT'S GREAT TO SEE THAT THIS IS POSTPONED.
CAN YOU EXPLAIN, UM, MS. BOJO WHAT EXACTLY IS HAPPENING WITH THIS POSTPONEMENT? YES.
UM, I'M LEAH BOJO HERE ON BEHALF OF THE APPLICANT.
UM, WE UNDERSTOOD FROM TALKING WITH ALL OF YOU AND WITH THE NEIGHBORS AND WITH THE, WITH THE, UM, ADJACENT PROPERTY TO THE WEST THAT THE MOST IMPORTANT THING TO EVERYONE WAS TO NOT DISRUPT THE PROCESS THAT THEY ARE IN WITH THEIR SITE PLAN THAT IS IN REVIEW.
UM, AND SO WE AGREED TO AND DEFINITELY POSTPONE, KIND OF HIT PAUSE ON OUR APPLICATION AND STEP ASIDE WHILE THEY FINISH THEIR SITE PLANNING PROCESS.
AND THEN AFTER THEY'RE FINISHED AND THEY HAVE GOTTEN THE USE THAT THEY NEED OUT OF THAT BACK PORTION OF SAYERS, THEN WE WILL, UM, WORK WITH STAFF AND THAT APP, THAT APPLICANT AND THAT PROPERTY OWNER TO, UM, SEE WHAT WE CAN DO AS FAR AS THE VACATION OF ARIEL AND, AND UM, SUBTERRANEAN RIGHTS, WHICH IS REALLY ALL THAT WE NEED.
SO WE'RE HITTING PAUSE FOR NOW AND, AND WE'VE TALKED WITH STAFF ABOUT IT EXTENSIVELY.
SO JUST TO BE CLEAR, YOU ARE INDEFINITELY POSTPONING THE RIGHT OF WAY VOCATION WITH THE EXPECTATIONS THAT YOU'LL BE BRINGING IT BACK AT SOME LATER POINT IN TIME.
AND THEN, UH, JUST TO CONFIRM, IS THERE A STAFF MEMBER HERE I GUESS THAT WE CAN SPEAK TO YOU ABOUT THE PROCESS? GOOD AFTERNOON COMMISSIONERS.
I'M CHRISTOPHER BUER, REAL ESTATE SERVICES AGENT WITH THE TRANSPORTATION AND PUBLIC WORKS DEPARTMENT.
I REALLY APPRECIATE YOU BEING HERE TONIGHT TO EXPLAIN OF COURSE, OBVIOUSLY THIS HAS BEEN A COMPLICATED CASE AND WE'VE SEEN IT KIND OF GO BACK AND FORTH.
IT WAS WITH UTC AND NOW HERE WITH US AND WAS THEORETICALLY GONNA GO TO COUNSEL.
BUT JUST TO CLARIFY, GIVEN THAT THIS IS NOW AN IN APPLICANT INDEFINITE POSTPONEMENT, THE RIGHT OF WAY, VACATION HAS NOW BEEN PUT IN OR WILL BE PUT ON PAUSE, IS THAT CORRECT? THAT IS CORRECT.
AND AS INDICATED BY THE APPLICANT, THERE'S NOW THE OPPORTUNITY SUBSEQUENT TO THIS OTHER SITE PLAN BEING FINISHED, THAT THEY CAN COME BACK AND THEN APPLY REAPPLY WITH A NEW SET OF PARAMETERS.
IS THAT CORRECT? IT WOULDN'T BE AN OFFICIAL SUBMISSION FOR A NEW APPLICATION.
THE APPLICATION WOULD BASICALLY BE ON PAUSE FOR THAT TIME AND THEN AS LONG AS EVERYTHING IS PROCESSED ACCORDINGLY AND THEY GIVE US THE DOCUMENTATION AFTER THE SITE PLAN IS APPROVED, WE CAN GO AHEAD AND REASSESS THE NEW PARAMETERS OF THE APPLICATION AT THAT TIME.
AND THEN JUST ONE FINAL, OBVIOUSLY EVERYONE IS CONCERNED ABOUT THE ADJACENT LANDOWNERS, THEIR SLIGHT PLAN CAN MOVE FORWARD THEN WITH NO ADDITIONAL SORT OF CONSTRAINTS NOW THAT THIS RIGHT OF WAY VACATION HAS BEEN POSTPONED.
THOSE ARE ALL MY QUESTIONS UNLESS THERE'S OTHER COMMISSIONERS WHO HAVE QUESTIONS.
ANY OTHER COMMISSIONERS WHO WISH TO PULL ITEMS FROM THE CONSENT AGENDA OR HAVE QUESTIONS ON THE CONSENT AGENDA? OKAY.
IS THERE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA AND APPROVE THE MINUTES FROM OUR PREVIOUS MEETING? MOTION FROM PARLIAMENTARIAN HANEY.
SECOND FROM COMMISSIONER AHMED.
UH, WITHOUT OBJECTION THOSE MINUTES.
UH, THOSE PUBLIC HEARING ITEMS IN THE CONSENT AGENDA ARE APPROVED.
THIS CONCLUDES THE CONSENT AGENDA AND WE'LL MOVE INTO OUR SINGLE DISCUSSION CASE.
SO FIRST WE WILL HEAR FROM STAFF ON THIS.
[2. Plan Amendment: NPA-2024-0020.01 - 6201 Crow Lane; District 2 ]
COMMISSIONERS.I'M MARK WALTERS IN THE PLANNING DEPARTMENT.
I'M HERE TO PRESENT, UH, NPA 2024 DASH 0 2 0 0 1, UH, 6 2 0 1 CROW LANE, DISTRICT TWO.
THE REQUEST IS FOR MIXED USE UP FROM GOING FROM MIXED USE OFFICE TO MIXED USE.
AND THE STAFF RECOMMENDATION IS NEIGHBORHOOD MIXED USE, WHICH STAFF FEELS IS A BETTER, UH, FIT FOR THE SURROUNDING LAND USES.
THAT'S THE END OF MY PRESENTATION.
IF YOU HAVE ANY QUESTIONS, I'LL BE HERE TO ANSWER THEM FOR YOU.
UM, MS. BROWN, IF YOU WOULDN'T MIND
[00:20:01]
MCING THE PUBLIC HEARING AND ANNOUNCING SPEAKERS AND WHEN SPEAKER'S TIME HAS ENDED, THAT WOULD BE APPRECIATED AND WE'LL HEAR FROM THOSE IN FAVOR FIRST.UM, WE HAVE THE APPLICANT, CATHERINE NICELY.
CATHERINE, YOU'LL HAVE FIVE MINUTES.
OH, WE'RE GONNA LET STAFF COME UP REALLY QUICKLY.
WE'LL HEAR ABOUT THE ZONING AS WELL.
UM, GOOD EVENING COMMISSIONERS
[3. Rezoning: C14-2024-0168 - 6201 Crow Lane; District 2 ]
BEVERLY ELA WITH THE PLANNING DEPARTMENT.UH, THIS IS ITEM NUMBER THREE ON YOUR AGENDA.
KC 1 4 224 0 1 68 4 6 2 0 1 CROW LANE.
THE PROPERTY IS APPROXIMATELY 0.98 ACRES IN SIZE AND IS CURRENTLY ZONED L-O-M-U-N-P LIMITED OFFICE MIXED USE NEIGHBORHOOD PLAN.
THE REQUEST IS TO REZONE THE PROPERTY TO L-R-M-U-C-O-N-P NEIGHBORHOOD COMMERCIAL MIXED USE, CONDITIONAL OVERLAY NEIGHBORHOOD PLAN.
THE PROPERTY IS DEVELOPED WHEN EXISTING STRUCTURE CURRENTLY USED FOR PET SERVICES.
SURROUNDING ZONING INCLUDES MULTIFAMILY TO THE NORTH PUD ZONING WITH COMMERCIAL AND ENTERTAINMENT USES TO THE SOUTH AND EAST.
AND A MIX OF MULTIFAMILY AND COMMERCIAL ZONING TO THE WEST STAFF IS RECOMMENDING L-R-M-U-C-O-N-P ZONING AS IT IS COMPATIBLE WITH THE SURROUNDING MIX OF RESIDENTIAL AND COMMERCIAL USES AND PROVIDES A TRANSITION BETWEEN DEVELOPMENT INTENSITIES.
THE CONDITIONAL OVERLAY WILL PROHIBIT A RANGE OF HIGHER INTENSITY COMMERCIAL USES TO ENSURE COMPATIBILITY WITH NEARBY RESIDENCES.
UM, I'M AVAILABLE FOR ANY QUESTIONS.
NOW WE WILL HEAR FROM THOSE IN FAVOR.
GOOD EVENING PLANNING COMMISSIONERS.
I AM CATHERINE NICELY FROM METCAL WOLF STEWARD AND WILLIAMS REPRESENTING, UH, 62 0 1 CROW LANE.
PROPERTY OWNER, THE DOG BOARDING FACILITY.
UM, I KNOW I'VE BEEN HERE BEFORE, SO I'LL GO A LITTLE BIT FASTER ON WHERE THE, IT'S SITUATED.
IT'S SITUATED IN THE DISTRICT TWO ALONG CROW LANE.
YOU HAVE AN AERIAL THERE AND LIKE BEVERLY SAID, THERE'S A REGAL CINEMA RETREAT UP NORTH BLUFF AND SKYBRIDGE LOFTS AND, SORRY, IN A HOTEL.
I WANTED TO READ THIS FROM OUR PROPERTY OWNER AND MADELINE IS HERE TO ANSWER ANY QUESTIONS, BUT I WOULD LIKE TO READ AN INTRODUCTION FROM HER.
WE'RE A SMALL DOG DAYCARE AND BOARDING FACILITY IN AUSTIN, TEXAS IN DISTRICT TWO, FOUNDED BY BARRETT AND MADELINE SMITH.
INSPIRED BY THEIR EARLY CHILDHOOD EDUCATION EXPERIENCE AND LOVE FOR ANIMALS.
THEY ADDRESS THE LACK OF PET PARENTS RESOURCES IN SOUTH AUSTIN FOR NEARLY THREE YEARS.
OUR BUSINESS HAS GROWN THROUGH WORD OF MOUTH REFERRALS, FOSTERING A BELOVED COMMUNITY OF DOGS AND HUMANS.
UNFORTUNATELY, A ONE TIME INCIDENT OCCURRED WHERE A DOG QUICKLY DUG OUT OF OUR FACILITY.
WE HAVE MADE CHANGES AFTER WHAT HAPPENED.
THESE CHANGES HAVE HELPED US INCREASE OUR QUALITY OF CARE FOR THE BETTER AND HAVE ENABLED US TO SERVICE MORE THAN 3,500 RESERVATIONS SINCE THIS INCIDENT WITHOUT ISSUES.
I WANTED TO GO A LITTLE BIT THROUGH THE PROPERTY TIMELINE.
THAT WAS SOME OF THE QUESTIONS YOU GUYS HAD.
THE PROPERTY HAS BEEN IN, IN THEIR FAMILY SINCE THE 1940S.
IT WAS THEIR GRANDPARENTS AND THEY HAD RELOCATED A LOCKHART HOUSE.
THAT'S THE 1700, UM, HOUSE THAT IS LOCATED THERE FROM 1972 TO 2015.
THEY HAD, UH, 43 YEARS OF HAVING A DAYCARE FACILITY AND THEY SERVICE ON SOUTH AUSTIN IN 2015 TO 2017.
UM, THEIR FATHER WAS VERY ILL AND COULDN'T REALLY, UNFORTUNATELY, TAKE CARE OF THE PROPERTY.
AND I KNOW THIS WAS MENTIONED BEFORE.
THERE WAS A TENANT THAT WAS HOSTING GAMBLING ACTIVITIES THAT IS A CODE VIOLATION THAT WAS ALREADY CLEARED.
THEY, UH, EVICTED THE PERSON AND THE CODE VIOLATION WAS CLEARED FROM 2017 TO 24.
THE PROPERTY, UH, LOOKED AFTER IT WAS LOOKED AT BY ONE OF THE SONS AND HE WAS LOOKING OVER IT.
AND THIS SLOWLY GREW UP AND THEY CONTINUE TO DO ONSITE OVERNIGHT.
THEY DO HAVE AN ONSITE OVERNIGHT CARETAKER.
THIS IS THE PICTURE OF WHERE THE STREET IS.
AND TO THE RIGHT, YOU WILL SEE THE PROPERTY AGAIN, THE PROJECT SUMMARY, BUT I KNOW STAFF DID A GOOD JOB ON THAT.
THE REZONE IS TO L-R-M-U-N-P-C-O.
IT'S CURRENTLY NEIGHBORHOOD PLAN MIXED USE OFFICE AND THE REZONE IS TO NEIGHBORHOOD MIXED USE.
I KNOW STAFF, UH, WANTED TO SAY THAT THE STRUCTURES FROM 1940S AND, UM, IT, IT'S THE ONLY PROPERTY HAS DIRECT ACCESS TO CROW LANE.
I KNOW SKYBRIDGE LOSS HAS A GATE THERE, BUT IT'S ONLY ONE WAY OUT.
AND THEN THE MULTIFAMILY DOESN'T.
I JUST WANTED TO BRING THIS UP BECAUSE WE'RE DOING PET SERVICES, NOT KENNELING.
AND I THINK YOU GUYS HAVE SEEN THESE MAPS BEFORE.
WE DID MEET WITH NEIGHBORS ALREADY THREE
[00:25:01]
TIMES.UM, NEIGHBORHOOD CONTACT TEAM, THE HOA AND NEIGHBORS FROM THE AREA.
THE MAIN CONCERNS WERE SIDEWALKS.
DOES IT FIT IN THE REGULATIONS? IS THERE ANY ANIMAL CODE THAT FITS THEIR REGULATIONS? THEY SCHEDULED, UM, THEY WERE TRYING TO FIGURE OUT WHERE THEY WERE DOING WITH THE FENCE AND IF IT'S ALLOWED USE AT THIS TIME.
SO WE ANSWERED ALL THOSE QUESTIONS.
WE, I CONTINUED HAVING EMAIL COMMUNICATION THROUGH THEIR ATTORNEY WITH SKYWARD HOA REGARDING THE FENCE.
UM, I KNOW ONE OF THE COMMISSIONERS WANTED, UH, TO HAVE AN UPDATE ON THIS.
WE ARE ARE WITH THE CITY COORDINATING SO THEY CAN STRIPE THE PIPELINES AND EVERYTHING BEFORE THE WORK GETS DONE.
SO WE'RE IN THE PROCESS OF, UH, STARTING THAT AS SOON AS THE CITY DOES THAT.
WE DID CONTACT THE NEIGHBORHOOD CONTACT TEAM AND WE FOLLOWED UP WITH ADDITIONAL QUESTIONS.
YOU GUYS HAVE SEEN THESE TWO SLIDES AS WELL.
THIS IS WHAT'S PERMITTED THROUGH LO UM, STAFF DID RECOMMEND AND WE'RE OKAY WITH COLLEGE AND UNIVERSITY FACILITIES TO BE, UM, NOT PERMITTED.
AND THEN PRIVATE AND PUBLIC EDUCATION.
LR UH, THE NEIGHBORHOOD CONTACT TEAM HAD REQUESTED FOR THE ONES THAT ARE IN LIGHT BLUE, IF THOSE COULD GO IN A CO.
AND THEN, UH, WE TALKED TO STAFF AND WE, WE GOT TO THIS, UM, WHICH WILL BE ONLY TO ALLOW PET SERVICES.
SOME OF THE NEIGHBORHOOD CONCERNS, AGAIN YOU HEARD LAST TIME, BUT BARKING WHEN BOARDING DOGS AND NOISE DISTURBANCE.
THAT'S WHY I WANNA MAKE SURE WE MAKE A DIFFERENCE BETWEEN KENNELING AND PET SERVICES.
THE DOG BOARDING IS INDOORS IN THE FACILITY.
AND WHEN THEY'RE, THE DOGS ARE OUTSIDE, THEY'RE SUPERVISED DURING THE DAY.
AND I APOLOGIZE THIS, IT'S OUTDOOR PLAY.
IT'S NOT LIKE THEY'RE WALKING THE DOGS.
UH, WE DID HAVE CODE THREE TIMES OVER THERE AND THE FIRE DEPARTMENT AS WELL.
THE STRUCTURE IS LOCATED 200 FEET FROM THE MULTIFAMILY.
I THINK YOU GUYS HAVE SEEN ALL THESE BEFORE.
UM, I JUST WANTED TO UPDATE ONE OF THE COMMISSIONERS THOUGH.
I THINK IT WAS COMMISSIONER SKIDMORE.
THANK YOU VERY MUCH FOR GIVING US OPPORTUNITY TO UPDATE THAT, UH, TO REFLECT WHAT THEY REALLY DO AND SOME PICTURES OF THE WORK THAT THEY DO.
I'M OPEN FOR ANY QUESTIONS AND UH, OUR CLIENT IS HERE TOO.
WE'LL NOW BE SWITCHING TO OUR SPEAKERS IN OPPOSITION.
OUR PRIMARY SPEAKER WHO'S ALSO JOINING US VIRTUALLY IS KATHERINE CLARK.
KATHERINE, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR COMMENTS.
UM, WE WILL GO ON TO THE NEXT SPEAKER.
UM, OUR NEXT SPEAKER IS AJ MOONEY.
AJ IS ALSO JOINING US VIRTUALLY.
AJ, GO AND PUSH STAR SIX AND PROCEED WITH YOUR COMMENTS.
AJ MOONEY, CAN YOU HEAR ME? WE CAN HEAR YOU PLEASE.
CAN YOU HEAR ME? YES, WE CAN HEAR YOU.
HELLO, MY NAME IS AJ MOONEY AND I SERVE ON THE BOARD OF DIRECTORS FOR THE SKYBRIDGE LOFT CONDOMINIUM OWNERS ASSOCIATION, WHICH DIRECTLY NEIGHBORS THE ACRE DOG BOARDING FACILITY AT 6 2 0 1 CROW LANE.
AND I AM HERE TODAY TO EXPRESS OUR STRONG OPPOSITION TO GRANTING OR RENEWING ZONING CERTIFICATION THAT WOULD ALLOW THE ACRE TO CONTINUE COMMERCIAL OPERATIONS IN A RESIDENTIALLY SENSITIVE CORRIDOR.
THIS FACILITY HAS ALREADY PROVEN INCOMPATIBLE WITH THE CHARACTER, SAFETY AND PEACE OF OUR COMMUNITY.
FIRST PUBLIC RECORDS SHOW FROM THE BETTER BUREAUS BUREAU THAT THE ACRE HOLDS A C MINUS RATING DUE TO THE FAILURE TO RESPOND TO AT LEAST ONE FORMAL CONSUMER COMPLAINT.
FURTHERMORE, PUBLICLY POSTED REVIEWS INCLUDING A TRAGIC, AN ACCOUNT FROM EARLIER THIS YEAR, DETAILED THE DEATH OF A BOARDED PET WHO REPORTEDLY ESCAPED FROM THE PROPERTY AND WAS LATER FOUND DEAD PETS.
ESCAPING THIS PROPERTY HAS BEEN A NUISANCE TO OUR COMMUNITY.
THEY ARE ABLE TO DIG UNDER THE FENCE.
THE DEFENSE HAS BEEN A CONCERN.
WE HAVE BEEN AS NEIGHBORLY AS POSSIBLE IN MEETING WITH KATHERINE.
NICE, THE ATTORNEY AND REPRESENTING OF THESE OWNERS THAT THESE INCIDENTS OF THIS NATURE RIDES RAISE SERIOUS CONCERNS ABOUT THE OPERATIONAL OVER SITE, THE FENCING, SECURITY, AND THE STAFF'S ABILITY TO SAFELY MANAGE ANIMALS.
IT IS A COMPLETE LIE THAT THESE ANIMALS ARE KEPT INDOOR AND WE HAVE VIDEO AND PHOTO EVIDENCE TO PROVE THE OPPOSITE.
THESE DOGS ARE UNSUPERVISED, THEY'RE BARKING ALL DAY.
THE STAFF YELLED AT THEM TO TRY TO MANAGE THE BARKING THEY CHARGE AT OUR FENCE.
OUR TRAIL IS AN AMENITY OF OUR 212 UNIT CONDOMINIUM THAT IS HIGHLY ENJOYED AND UNIQUE AND DIFFERENT TO OUR COMMUNITY.
AND WE CANNOT ENJOY OUR TRAIL AMENITY BECAUSE THE ANIMALS CHARGE THE FENCE SCARING OWNERS, SCARING OTHER PETS.
AND SECONDLY, THERE IS A GROWING CONCERN THAT NEGATIVE EXPERIENCE ARE
[00:30:01]
ACTIVELY BEING SUPPRESSED ONLINE.ACCORDING TO MULTIPLE SOURCES, THE ACRE APPEARS TO ROUTINELY REMOVE UNFAVORABLE REVIEWS, CREATING THIS ARTIFICIAL POSITIVE PUBLIC IMAGE, WHILE FAILING TO ADDRESS ROOT SAFETY AND SERVICE CONCERNS.
I ALSO FEAR THAT OUR MEETING WITH THE ADJACENT PROPERTY OWNERS AND ATTORNEY HAS BEEN SPUN TO YOU SERVANTS TODAY, WHO WORKED SO HARD AND THANK YOU FOR YOUR TIME IN A WAY THAT WE ARE COOPERATIVE.
WE ARE NOT, THIS LOCATION IS NOT PROPERLY ZONED FOR THE SCALE AND SCOPE OF THE COMMERCIAL BOARDING OPERATIONS THAT CURRENTLY CONDUCTS IT HAS BEEN OPERATING IN WITHOUT COMPLIANCE FOR THREE YEARS.
WE DO NOT SUPPORT ANY TYPE OF COMMERCIAL OVERLAY THAT WOULD ALLOW THIS BUSINESS TO CONTINUE AND DO NOT UNDERSTAND WHY THIS BUSINESS HAS BEEN CONTINUING.
WHILE I'M COMPLIANT, A ZONING VARIANCE SHOULD NOT SERVE AS A BACKDOOR PATH TO NORMALIZE IMPROPER LAND USE IN A RESIDENTIAL ADJACENT AREA.
WE RESPECTFULLY, RESPECTFULLY, URGE YOU TO DENY THIS CERTIFICATION AND PRIORITIZE THE WELLBEING OF NEIGHBORING RESIDENTS, THE SAFETY OF BOARDED ANIMALS, AND THE INTEGRITY OF PROPER ZONING ENFORCEMENTS.
OUR NEXT SPEAKER IS GEORGIANA MORRELL.
GEORGIANA IS RECEIVING THREE MINUTES FROM MICHELLE GIBO.
AND MICHELLE, ARE YOU HERE? OKAY.
WELL, GEORGIANA, YOU HAVE SIX MINUTES.
UM, THANK YOU FOR THE OPPORTUNITY TO SPEAK THIS EVENING.
I'M GEORGIE, THANK YOU FOR YOUR SERVICE.
UM, WE'RE NOT HERE TO MAKE SWEEPING JUDGEMENTS OR TO ANTAGONIZE.
UH, WE'RE HERE BECAUSE WE CAN'T NOT BE HERE.
UM, BECAUSE WHEN WE'VE TRIED TO TELL OUR STORY, IT'S BEEN SUPPRESSED AND REMOVED BECAUSE THE THINGS THAT THE OWNERS OF THIS PROPERTY SAY, OH, I FORGOT ABOUT THIS
AND THEIR WILLINGNESS TO MANIPULATE AND PAY LIP SERVICE WITHOUT ACTUALLY MEANING, WITHOUT ACTUALIZING MEANINGFUL CHANGE LED TO THE DEATH OF OUR DOG.
BECAUSE ALLOWING THEIR CONTINUED CARE OF ANIMALS AT ANY LEVEL, ZONING OR OTHERWISE IS IRRESPONSIBLE.
UM, THERE IS NO SHORTAGE OF POSITIVE REVIEWS FOR THE ACRE.
THAT'S PART OF WHY WE INITIALLY TRUSTED THEM.
UH, LIKE MANY PET OWNERS WOULD I SEARCHED ONLINE AND READ THESE GLOWING TESTIMONIALS? UH, I WISH I HAD KNOWN TO LOOK BEYOND THOSE REVIEWS BECAUSE WHAT THEY DON'T SHOW IS WHAT ULTIMATELY LED TO WENDY'S DEATH.
UM, WE WOULD NOT BE HERE IF WE BELIEVE THAT THIS WAS AN ISOLATED, TRAGIC ACCIDENT, UH, OR IF WE BELIEVE THAT THE OWNERS HAD TAKEN MEANINGFUL STEPS TO UNDERSTAND AND ADDRESS SAFETY AND COMMUNITY CONCERNS.
UM, BUT THAT HAS NOT BEEN OUR EXPERIENCE, UM, SINCE THE DAY WENDY WENT MISSING.
IT HAS BEEN EXTRAORDINARILY DIFFICULT TO GET A CLEAR, CONSISTENT ACCOUNT OF EVENTS A YEAR LATER.
UH, THE OWNERS CANNOT TELL US HOW OR WHEN OUR DOG WENT MISSING.
UH, INSTEAD OF ADMITTING THIS, THEY HAVE TOLD US INCONSISTENT AND CONTRADICTORY STORIES ATTEMPTED TO MANIPULATE OUR EMOTIONS AND DISPLACED BLAME.
UH, THIS PATTERN UNFORTUNATELY, HAS CONTINUED IN THESE ZONING HEARINGS.
UH, THERE ARE SOME INACCURACIES THAT I WOULD LIKE TO ADDRESS FROM THE LAST MEETING.
UM, SOME THAT MS. NICELY ALREADY ADDRESSED.
UM, SO YEAH, FIRSTLY AND SIMPLY THERE'S NO HARMONY BETWEEN THE ACRE AND SKYBRIDGE.
THE COMMUNITY THAT THEY SHARE THE PROPERTY LINE WITH, THEY SPOKE FOR THEMSELVES TODAY.
UH, SECONDLY, MS. NICELY PRESENTED THAT THE ACRE LAST TIME WE WERE HERE, UH, IS FOLLOWING BEST PRACTICES, SPECIFICALLY THAT DOGS ARE WALKED ONLY IN THE MORNING AND THE EVENING UNDER CLOSED SUPERVISION.
UM, SHE SPOKE ABOUT THIS TODAY AS NOT BEING TOTALLY ACCURATE.
UH, NOT ONLY IS THIS DESCRIPTION AT ODDS WITH THEIR PUBLIC BRAND, THIS IS WHAT WAS ON THEIR WEBSITE AS OF 5 27.
THEY'VE SINCE, UH, CHANGED IT AS A REACTION TO THE THINGS THAT HAVE BEEN SAID HERE.
UM, THAT NOT ONLY IS THIS DESCRIPTION AT ODDS WITH THEIR PUBLIC BRAND AND BUSINESS MODEL, BUT THIS IS NOT WHAT'S ACTUALLY HAPPENING AT ALL.
UM, SO THIS IS A MESSAGE FROM ONE OF THEIR NEIGHBORS.
UH, IT SAYS, THIS VIDEO WAS JUST TAKEN TODAY AT 1:26 PM SHOWING THE DOGS COMPLETELY FREE ROAM, SHOWING THE TIME ON THE WATCH.
SHE WAS DOING SOME INVESTIGATIVE WORK, I GUESS.
UM, BUT THE DOGS ARE SNARLING AND BARKING, BARKING AND CHARGING AT THE PEOPLE WHO ARE WALKING ON THAT TRAIL THAT SHE MENTIONED.
UM, I WON'T PLAY THE VIDEOS, BUT IF YOU WANNA WATCH 'EM, THEY'RE THERE.
UM, THIS IS ANOTHER THING THAT MS. NICELY ADDRESSED, SO THANK YOU FOR ADDRESSING THIS.
THAT TIMELINE WAS VERY HELPFUL AND INTERESTING.
UH, THIS PROPERTY HAS BEEN IN THE FAMILY FOR A LONG TIME.
PREVIOUSLY IT WAS A CHILDCARE CENTER AND ONE OF THE PROPERTIES OWNERS ACTED AS DIRECTOR.
THE LAST TIME WE GATHERED HERE, THEY CLAIMED THAT THIS CENTER OPERATED FOR 45 YEARS ONLY TO BE SHUT DOWN BY COVID.
UM, THERE WAS AN ILLEGAL GAMBLING OPERATION SHUT DOWN IN 2018.
SO UNLESS THOSE TWO THINGS WERE HAPPENING AT THE SAME TIME, JUST IT WASN'T ADDING UP DIDN'T MAKE SENSE.
UH, THEY'RE CONCERNING AND THEY SPEAK
[00:35:01]
SPECIFICALLY TO THE DIRECTOR'S TREATMENT OF THE CHILDREN IN HER CARE AND THE FAMILIES WHO TRUSTED HER WITH THEIR CHILDREN.UM, THERE HAVE BEEN MANY ZONING COMPLAINTS AGAINST THIS PROPERTY.
AT THE LAST MEETING, MS. NICELY CLAIMED THAT ALL OF THESE COMPLAINTS WERE MADE BY THE SAME PERSON IMPLYING THAT THAT PERSON WAS US.
UM, WE WERE NOT AWARE OF THE ACRES EXISTENCE UNTIL, UH, LATE MAY, EARLY JUNE, 2024.
AS YOU CAN SEE HERE, THERE ARE, UH, LAND USE VIOLATION COMPLAINTS ALL THE WAY BACK TO JANUARY, 2023.
UM, ON THE NOTE OF ZONING AT THE LAST MEETING, MS. NICELY POSITIONED THE OWNERS AS NOVICE BUSINESS OWNERS TRYING THEIR BEST TO LEARN THE COMPLICATED WORLD OF ZONING.
ON AUGUST 18TH, 2024, ROUGHLY A MONTH AFTER OUR DOG, WENDY'S DEATH, UM, I HAD A CONVERSATION WITH BENJAMIN MUNOZ, WHO IS THE ZONING INSPECTOR WHO KEPT GETTING CALLED TO THE ACRE, UM, TO INVESTIGATE THESE COMPLAINTS TO TRY TO UNDERSTAND WHY NOTHING WAS BEING DONE.
IN THE COURSE OF THIS CONVERSATION, HE MADE IT CLEAR THAT HE AND HIS SUPERVISOR HAD BEEN IN CONTACT WITH THE OWNER MANY, MANY TIMES SINCE THE FIRST COMPLAINT IN JANUARY, 2023.
HE ALSO DESCRIBED THE OWNER'S BEHAVIOR AS INAPPROPRIATE, AGGRESSIVE, AND COMBATIVE, SAYING THAT, UH, HE REFUSED TO RETURN PHONE CALLS.
HE MADE ALL SORTS OF ALLEGATIONS ABOUT THE INSPECTOR TO THE INSPECTOR'S SUPERVISOR.
UM, HE CUSSED OUT BENJAMIN AND HIS SUPERVISOR.
UH, THIS OF COURSE DOES NOT PAINT A PICTURE OF COOPERATIVE, WELL-INTENTIONED NEWCOMERS TO ZONING.
UM, THEY SPEAK OF ACTING PROACTIVELY AND MAKING ALL THESE CHANGES, BUT THE NATURE OF THIS APPLICATION IN AND OF ITSELF IS REACTIVE.
IT IS NOT MADE, UH, IT IS NOT MADE IN GOOD CONSCIENCE, BUT BECAUSE CONSEQUENCES WERE FINALLY THREATENED, UM, WHO WILL HOLD THEM ACCOUNTABLE IF THIS REZONING IS PASSED? UH, ONE OF THE COMMISSIONERS AT THE LAST MEETING SAID THAT THEY SAW THIS AS A GOOD USE OF THE PROPERTY BECAUSE IT WOULD PROVIDE DOG BOARDING LOCATION FOR THE PEOPLE WHO LIVE IN THE NEIGHBORHOOD.
UM, HERE'S A MESSAGE FROM ONE OF THE NEIGHBORS ON WHO LIVES ON CROW LANE WHO USED THEM.
UH, SHE SAYS, I TRIED THAT PLACE A FEW TIMES, BUT NOT ONLY WERE THEY EXPENSIVE, THEY LEFT MY DOG OUTDOORS UNSUPERVISED.
THERE WASN'T ANYONE ON THE PROPERTY IN THE MIDDLE OF A HOT SUMMER DAY.
WHEN I WENT TO PICK HER UP, THEY HAD LOCKED MY DOG IN ANOTHER DOG IN THEIR BARN WITHOUT ANYONE ON THE PROPERTY TO WATCH OVER.
I PICKED HER UP AS SOON AS I NOTICED THEY CALLED SOMEONE TO GO OPEN THE GATE FOR ME AND THEY DIDN'T EVEN HAVE THE KEY TO GET MY DOG OUT.
THIS PLACE IS HORRIBLY MANAGED.
UH, THIS IS ABOUT SAFETY AND COMMUNITY RESPONSIBILITY.
WOULD THEN YOUR COMMENTS, UM, THANK YOU FOR YOUR COMMENTS.
OUR NEXT SPEAKER IS OLIVIA ALVARADO IS RECEIVING TWO MINUTES FROM RYAN THOMAS.
RYAN, ARE YOU HERE? OKAY, OLIVIA, YOU'LL HAVE FOUR MINUTES.
UH, GOOD EVENING, MEMBERS OF THE COMMISSION.
THANK YOU SO MUCH FOR YOUR SERVICE AND YOUR TIME.
MY NAME IS OLIVIA ALVARADO AND I'M HERE ONCE AGAIN TO SPEAK IN OPPOSITION TO THE REZONING REQUEST FOR THE ACRE DOG DAYCARE.
UH, THE REQUEST FROM THE OWNERS OF THE ACRE IS TO REZONE THEIR LAND WITH THE UNDERSTANDING THAT THIS BUSINESS OPERATES UNDER THE CATEGORY OF PET SERVICES.
WITH ALL DUE RESPECT TO STAFF WHO I KNOW SPENT A LOT OF TIME PUTTING TOGETHER THESE RECOMMENDATIONS, THE AKER BUSINESS MODEL DOES NOT ALIGN WITH THIS DEFINITION.
THESE WERE FLASHED ON THE SCREEN BEFORE.
I WANTED TO MAKE SURE Y'ALL HAD A CHANCE TO LOOK THROUGH THEM.
THERE'S A CLEAR COMMON SENSE INTERPRETATION OF THE DESIGNATION OF PET SERVICES.
THIS IS FOR VETERINARIANS THAT NEED TO KEEP PETS OVERNIGHT FOR MEDICAL REASONS OR FOR PET STORES THAT HAVE ANIMALS AND CAGES.
THE KEY COMPONENT HERE IS THAT THESE BUSINESSES KEEP THE ANIMALS COMPLETELY CONTAINED WITHIN A BUILDING, AS YOU CAN SEE FROM THESE IMAGES.
AND AS YOU CAN READ IN CUSTOMER TESTIMONIALS THAT WERE SUBMITTED TO YOU TODAY, THE ACRE DOES NOT KEEP THEIR ANIMALS COMPLETELY CONTAINED IN THE BUILDING AND CLEARLY DOES NOT INTEND TO.
WHAT'S INTERESTING IS THAT THERE ACTUALLY IS A ZONING DESIGNATION THAT WOULD ALLOW FOR THIS BUSINESS MODEL.
KENNELS ARE SPECIFICALLY STATED TO BE THE CORRECT DESIGNATION FOR BOARDING AND TRAINING CENTERS.
KENNELS, HOWEVER, ARE NOT PERMITTED IN RESIDENTIAL MIXED USE ZONES.
I'M NOT HERE TO SPECULATE AS TO WHY THEY HAVE CHOSEN THE INCORRECT ZONING DESIGNATION.
I AM JUST A LAYPERSON WITH ACCESS TO GOOGLE, AND IT TOOK ME ABOUT 10 MINUTES TO FIGURE OUT THE DIFFERENCE BETWEEN THESE TWO CATEGORIES.
IT'S FRANKLY INSULTING TO THE INTELLIGENCE OF THIS COMMISSION AND THE COMMUNITY TO SUGGEST THAT THIS BUSINESS SHOULD NOT BE TREATED AS A KENNEL.
IT'S A PET HOTEL, IT'S A DOG TRAINING BUSINESS, AND IT IS A KENNEL.
I STRONGLY ENCOURAGE THE COMMISSION TO CONSIDER AND INTERROGATE THIS DISTINCTION.
TWO WEEKS AGO, MS. NICELY ASKED YOU TO IMAGINE WHAT IT WOULD BE LIKE TO NAVIGATE THIS PROCESS AS A SMALL BUSINESS.
SHE TOLD YOU THAT THEY REACHED OUT TO US AND I HAD TO EXPLAIN FROM THE BEGINNING WHAT PLANNING IS.
[00:40:01]
THIS IS AN ATTEMPT TO APPEAL TO THIS COMMISSION BY PAINTING THE OWNERS AS HAPLESS UNINFORMED, BUT WELL-MEANING SMALL BUSINESS OWNERS.THIS PROPERTY IS HELD BY COMAL BLUFF, LLC, WHICH HOLDS TWO OTHER PROPERTIES THAT HAVE BEEN OPERATING AS DAYCARE CENTERS IN AUSTIN FOR DECADES.
IN ADDITION TO THE DAYCARE, WHICH PREVIOUSLY OPERATED AT THIS ADDRESS, THESE ARE NOT NEW BUSINESS OWNERS.
THIS IS NOT THE FIRST TIME THAT THEY HAVE DEALT WITH ZONING CONSTRAINTS.
IN 2018, THE PROPERTIES REGISTERED OWNERS SPOKE TO CBS ABOUT THE STRAIN THAT ZONING PLACED ON HER BUSINESSES.
IN 2022, THE PROPERTY OWNERS APPLIED FOR A SITE PLAN DETERMINATION EXEMPTION FOR THIS PROPERTY.
THIS IS NOT THEIR FIRST TIME DEALING WITH ZONING.
IT'S NOT THEIR FIRST TIME DEALING WITH ZONING FOR THIS PROPERTY IN THIS DECADE.
PLEASE DO NOT LET YOUR DECISION IN ANY WAY BE SWAYED BY THE THOUGHT OF THESE BUSINESS OWNERS SIMPLY NOT KNOWING BETTER, BECAUSE THAT IS CLEARLY NOT THE CASE.
I THINK A LOT OF FOLKS HAVE ALREADY SPOKEN TO THIS, BUT THERE HAS BEEN A CONCERTED EFFORT TO CONVINCE YOU THAT ALL OF THE OPPOSITION YOU'RE HEARING IS RELATED TO ONE INCIDENT, WHICH IS THE DEATH OF WENDY.
THAT SIMPLY NOT TRUE AS GEORGIE SHOWED YOU EARLIER, THE EARLIER THE COMMUNITY HAS BEEN SUBMITTING COMPLAINTS ABOUT THIS BUSINESS FOR YEARS.
HERE'S THE BETTER BUSINESS BUREAU COMPLAINT THAT WAS MENTIONED ON THE PHONE BY THE HOA REPRESENTATIVE.
AND HERE'S ANOTHER GOOGLE MAPS REVIEW FROM SOMEONE TALKING ABOUT A WITHHELD DEPOSIT AND CONCERNS ABOUT THE SECURITY OF THE FENCE.
I KNOW WE BROUGHT YOU A LOT OF EVIDENCE THAT DOES NOT SEEM RELATED TO ZONING.
IT'S NOT YOUR JOB TO READ GOOGLE MAPS REVIEWS OR CHECK FENCE SECURITY OR TO PUNISH BAD ACTORS WHEN THEIR NEGLECT LEADS TO THE DEATH OF BELOVED PETS.
BUT IT IS YOUR JOB TO MAKE DECISIONS THAT ARE CONSISTENT WITH THE PUBLIC INTEREST.
THIS IS IS NOT A QUESTION OF WHETHER OR NOT NEIGHBORHOOD MIXED USE IS AN APPROPRIATE ZONING DESIGNATION FOR THIS SITE.
THEY'RE ASKING YOU FOR A CONDITIONAL OVERLAY THAT SPECIFICALLY CARVES OUT AN EXCEPTION FOR THIS BUSINESS.
THEREFORE, THE BUSINESS PRACTICES OF THE ACRE ARE ABSOLUTELY AT ISSUE AND SHOULD BE A FACTOR IN YOUR DECISION MAKING PROCESS.
THEY'VE STOOD BEFORE YOU AND MISREPRESENTED THEIR BUSINESS MODEL, LIED TO YOU AND EXPECTED TO GET AWAY WITH IT BECAUSE THEY ALWAYS HAVE BEFORE, BUT THEY DON'T HAVE TO GET AWAY WITH IT.
YOU CAN AND SHOULD DENY THIS REQUEST BECAUSE YOU'RE CHARGED IN ACTING IN THE BEST INTEREST OF YOUR CONSTITUENTS.
VICTORIA, YOU'LL HAVE TWO MINUTES.
UM, I JUST WANTED TO REFERENCE AUSTIN'S ZONING GUIDELINES.
UM, THERE ARE 12 ZONING PRINCIPLES USED AS A GUIDE TO PRESERVE THE COMPATIBILITY OF LAND USES AND TO EVALUATE ALL ZONING REQUESTS.
SO I WOULD LIKE TO HIGHLIGHT FOUR OF THESE.
I KNOW THAT YOU ALL ARE FAMILIAR WITH THEM, BUT, UM, JUST AS KIND OF BACKGROUND FOR OUR OPPOSITION TO THIS REQUEST, THE FIRST IS GRANTING ZONING SHOULD NOT, SHOULD NOT SET AN UNDESIRABLE PRECEDENT FOR OTHER PROPERTIES IN REGARDS TO ZONING.
THE AKERS MODUS OPERANDI IS TO ASK FOR FORGIVENESS RATHER THAN PROACTIVELY SEEK ADEQUATE ZONING.
GRANTING THE ZONING CHAIN SETS AN UNDESIRABLE PRECEDENT FOR OTHER PROPERTIES TO DISREGARD ZONING RESTRICTIONS.
NUMBER TWO, ZONING CHANGES SHOULD PROMOTE COMPATIBILITY WITH ADJACENT USES.
AND WE'VE ALREADY HEARD FROM, UM, THE ADJACENT NEIGHBOR SKYBRIDGE LOFTS COMMUNITY AND THE FILED OPPOSITION THAT THEY HAVE FILED.
I JUST WANNA ALSO FLAG, THERE'S A LOT OF LETTERS FOR, UM, IN, UH, OH, HI, SOMEONE, SOMEONE JOINED US.
UM, THERE'S A LOT OF, UH, UH, THERE LETTERS THAT ARE ALSO, UM, IN, UH, SUPPORT OF THE ACRE, BUT WE ACTUALLY DID AN ANALYSIS OF CHAT GPT AND THOSE WERE, UM, I THINK IT WAS ABOUT HALF OF THEM THAT WERE ACTUALLY CREATED THROUGH CHAT GPT.
SO JUST KEEP THAT AS YOU MAY OF THE, UM, AUTHENTICITY OF THOSE LETTERS.
NUMBER THREE, UM, IF A CHANGE IN CONDITIONS HAS OCCURRED WITHIN THE AREA INDICATING THAT THERE IS A BASIS FOR CHANGING THE ORIGINALLY ESTABLISHED ZONING AND OR DEVELOPMENT RESTRICTIONS FOR THE PROPERTY.
SO, UM, THERE IS NO RECORD OF A CHANGE IN CONDITIONS IN THIS AREA THAT WOULD SIGNAL A NEED FOR CHANGE, UM, IN THE ACRES ESTABLISHED ZONING.
SO LASTLY, NUMBER FOUR, ZONING SHOULD SAFE, UM, SATISFY A PUBLIC NEED AND NOT CON CONS, NOT CONSTITUTE, CONSTITUTE A GRANT OR SPECIAL PRIVILEGE.
UM, THERE ARE EIGHT OTHER BOARDING, UH, FACILITIES WITHIN A THREE MILE RADIUS OF THE ACRE INDICATING THAT ZONING REQUESTS THIS ZONING REQUEST DOES NOT SATISFY A PUBLIC NEED.
UM, SO DUE TO MARKET SATURATION TO KEEP THAT IN MIND.
BEFORE YOU GO, COULD YOU STATE YOUR NAME FOR THE RECORD, PLEASE? SURE, YEAH.
OUR NEXT SPEAKER IS ZACHARY TURNER.
ZACHARY IS JOINING US VIRTUALLY.
PLEASE PRESS, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR COMMENTS.
UM, SO I'M THE HOA PRESIDENT SKYBRIDGE LOFT LOFTS THAT NEIGHBORS, UH, THIS, THIS BUSINESS.
AND SO AJ DEFINITELY KNOCKED IT OUTTA THE PARK EXPLAINING ALL THE CRITICAL POINTS OF THIS.
AND I'M GONNA GO AHEAD AND ATTACK SOME OF THE PERIPHERAL IDEAS OF THIS BECAUSE
[00:45:01]
ONE OF THE THINGS THAT SHE HAD MENTIONED IS THAT WE ARE COOPERATIVE AND THAT'S NOT ANY PART OF THE CASE BECAUSE PART OF THEM GETTING THIS TAKEN CARE OF IS ALSO THEM UPGRADING THEIR FENCE ALL THE WAY AROUND THE PROPERTY.AND THAT ALSO MEANS THAT THEY'RE EXPECTING US TO ESSENTIALLY TAKE ON THE COST AND, YOU KNOW, AND INCURSION OF THAT ADDITIONAL EXPENSE TO TAKE CARE OF THESE THINGS AS WELL AS SAYING THAT THEY'RE GONNA GO AND POTENTIALLY ADD ON TO NOT LEAVING THE DOGS OUTSIDE AND EVERYTHING ELSE.
UH, WE'VE HAD DISCUSSIONS WITH THEM BEFORE ON THESE CERTAIN MATTERS, ESPECIALLY WITH THE DOGS GETTING OUT UNDER THE FENCE.
THERE HAVE NEVER BEEN ANY CHANGES THAT HAVE GONE ON THROUGHOUT THESE DIFFERENT SCENARIOS.
AND SO JUST FROM THAT ALONE, IT, IT'S VERY DIFFICULT TO SEE THEM GO THROUGH THIS PROCESS AND BE ABLE TO SUCCESSFULLY, UM, EXPAND GIVEN THE AMOUNT OF NEGATIVE THINGS THAT'S GIVEN, UH, ABOUT THEIR, THEIR BUSINESS.
BUT ONE OF THE OTHER IMPORTANT PARTS OF THIS IS THAT THEY'RE GONNA EXPAND.
THAT'S ONE THING WE HAVE TO KEEP IN MIND IS THEY HAVE A LOT OF LAND AND THEY CAN EXPAND JUST AS MUCH AS, UH, PROBABLY THREE XING THEIR BUSINESS.
NOW, THE NOISE AND THE ISSUES THAT ARE GOING ON NOW ARE NOT ONLY GONNA BE, YOU KNOW, THREE X IT'S, IT'S GONNA REDUCE OUR PROPERTY VALUES FOR 112 U UNITS THAT ARE NEIGHBORING THIS PROPERTY.
AND SO NOT ONLY DID WE TRY TO DISCUSS WITH THEM OF POTENTIAL, YOU KNOW, BENEFIT FOR THE COMMUNITY, WE FOUND THAT NOBODY IN OUR COMMUNITY, WE HOLD EVERYBODY JUST TO TRY AND SEE IF THERE COULD BE A POTENTIAL OPTION.
NOBODY WANTED ANYTHING TO DO WITH HAVING THAT DOG BOARDING FACILITY THERE.
NOW, THE FUTURE OR EVEN PREVIOUSLY GIVEN THE FACT THAT THAT SHOULDN'T HAVE BEEN THERE TO BEGIN WITH.
SO I JUST WANTED TO AT LEAST CONVEY THAT TO UNDERSTAND THAT WE DO NOT DESIRE TO HAVE THIS HERE AND GIVEN THE AMOUNT OF TRAFFIC THAT'S ALREADY GOING.
THANK YOU FOR YOUR COMMENTS, THE BACKGROUND.
OUR NEXT SPEAKER IS JAMES RASHIDA.
JAMES, YOU'LL HAVE TWO MINUTES, ALL BABY.
OUR NEXT SPEAKER IS JOE WILLIAMS. JOE, YOU HAVE TWO MINUTES.
UM, AND NOW WE'RE GOING TO TRANSITION OVER TO THE APPLICANT REBUTTAL FOR THREE MINUTES.
UM, YEAH, CAN YOU PUT UP THAT, UH, TIMELINE AGAIN, THE SECOND ONE? SO WE MIGHT OH, YOU STILL HAVE ON SPEAKER? I'M SORRY.
UM, GOING BACK EARLIER, WE HAVE CATHERINE CLARK.
CATHERINE, PLEASE PRESS, SHE'S THE PRIMARY, SHE'S THE PRIMARY IN OPPOSITION.
HI, YOU HAVE, CAN YOU HEAR ME? YES.
HI, I'M CATHERINE CLARK AND I LIVE IN SKYBRIDGE LOFT.
IN FACT, MY UNIT IS ABOUT 25 FEET FROM THE FENCE THAT IS SHARED WITH THE ACRE.
SO AFTER THREE YEARS OF THE ACRE RUNNING AS AN OUT OF COMPLIANCE BUSINESS, I KNOW ALL TOO WELL THE EFFECTS OF THIS NUISANCE BUSINESS.
I SELECTED THIS COMMUNITY BECAUSE IT WAS QUIET AND I PARTICULARLY SELECTED MY UNIT BECAUSE IT HAS A BEAUTIFUL WRAPAROUND TARIFF AND THERE WAS NO BUSINESS OPERATING AT 6 2 0 1 CROW SINCE THE ACRE OPENED.
I CAN'T EVEN USE MY TARIFF BECAUSE OF THE DOG BARKING.
AND ONE OF THE BEST ASSETS OF OUR COMMUNITY IS THE WALKING TRAIL.
IT IS OUR MOST USED AMENITY WHEN SOMEONE IS WALKING ON THE TRAIL, WHETHER THEY HAVE A DOG WITH THEM OR THEY DON'T, THE DOGS FROM THE ACRE, EIGHT TO 10 OF THEM AT A TIME CHARGE THE FENCE AGGRESSIVELY AND BARK INCESSANTLY.
IT'S LIKE HAVING A ROAMING PACK OF CRAZY DOGS.
AND OFTENTIMES THE CARETAKERS WILL FOLLOW UP WITH THE BARKING DOGS SCREAMING AT THE DOGS AT THE TOP OF THEIR LUNGS.
THIS HAS HAPPENED AS EARLY AS 6 45 ON THE WEEKENDS IN THE MORNING.
I'M 25 FEET FROM THE FENCE LINE AND UP TO 10:00 PM AT NIGHT WITH A PACK OF DOGS BARKING.
I CAN EVEN HEAR THEM INSIDE OF MY CONDO WHEN THE DOORS ARE CLOSED.
SO YOU CAN IMAGINE LIVING NEXT TO THIS IS REALLY HORRIBLE.
AND AT A PREVIOUS MEETING, THE REPRESENTATIVE FROM THE ACRES SAID THAT ONLY THREE DOGS ARE OUT AT TIME AND THE DOGS ARE WALKED INDICATING THAT THE DOGS ARE LEASHED.
AND THAT IS ABSOLUTELY NOT TRUE.
SHE ACTUALLY DID ADMIT THAT THE DOG ROAMED THE PROPERTY BARKING ENDLESSLY, NEVER LEASHED, NEVER UNDER ANYONE'S CONTROL.
I WOULD'VE NEVER BOUGHT A CONDO NEXT TO A NUISANCE BUSINESS LIKE A DOG BOARDING FACILITY.
I TREASURE MY PEACE AND QUIET.
THE COMMUNITY FEELS THE SAME WAY.
A NOISY DOG FACILITY DIRECTLY ADJACENT TO A COMMUNITY WILL ADVERSELY AFFECT OUR PROPERTY VALUES.
IT'S GROSSLY UNFAIR TO ALLOW A DOG BOARDING FACILITY FOR THE BENEFIT OF ONE PERSON, THE OWNER OF THE ACRE, AND TO THE DETRIMENT OF 112 CONDO OWNERS.
I IMPLORE YOU TO DENY THE REZONING OF THE ACRE SO THAT RESIDENTS AND OWNERS
[00:50:01]
AT SKYBRIDGE CAN LIVE A QUIET, SERENE LIFE AND TAKE FULL ADVANTAGE OF OUR AMENITIES WITH NO ADVERSE EFFECTS TO OUR PROPERTY VALUES.I THANK YOU FOR YOUR COMMENTS.
AND NOW WE'RE GOING TRANSITION BACK TO OF THE APPLICANT REBUTTAL.
UM, CAN YOU SHOW THE OTHER ONE, THE OTHER TIMELINE? NOT THIS ONE.
UH, THESE ARE THE RESPOND AT FIRST BY THE ACRE TO FIND WENDY.
I KNOW SOME OF THE COMMISSIONS HAD QUESTIONS ABOUT THIS.
UM, IT IS, IT HAS ALL THE DETAILS AND I DID EMAIL YOU ALL.
I JUST WANNA MAKE SURE I SHARED THAT REGARDING, UH, THE AREA.
I DON'T KNOW IF YOU CAN GO BACK TO THE POWERPOINT PLEASE.
I WANNA EMPHASIZE THAT THIS AREA IS NOT PREDOMINANTLY RESIDENTIAL.
IT IS ZONED ORIGINALLY LO AND IT HAS BEEN COMMERCIAL FOR MANY YEARS.
THIS HAS NOT BEEN A RESIDENCE FOR A VERY LONG TIME.
I'M NOT GONNA CHALLENGE THE PLANNING EXPERTS, UM, OR THE DEFINITION OF PET SERVICES.
BUT IF YOU WANNA GO BACK TO THAT SLIDE, WE CAN GO THROUGH THAT REAL QUICK AND GO BACK BACK.
UM, PET SERVICES IS FOR VETERINARY GROOMING, BUT IT'S ALSO BOARDING SERVICES TOTALLY WITHIN A BUILDING.
I MEAN, I THINK THAT'S VERY CLEAR AND KENNELING IS A BIGGER, LARGER SCALE.
YES, IT'S ALLOWED IN CS REGARDING THE LETTERS OF SUPPORT.
I'M NOT GONNA CHALLENGE AI OR WHERE THEY CAME FROM, BUT THE STORIES ARE REAL.
AND YOU CAN SEE PICTURES OF SOME OF THE PETS.
THERE IS A, A CUSTOMER, FOR EXAMPLE, IT COMES FROM ST.
SHE DRAWS ALL THE WAY OVER HERE WITH HER DOG AND USES THE FACILITY.
THERE'S ANOTHER CUSTOMER THAT IS IN SKYBRIDGE.
I DON'T KNOW IF IT'S PART OF THE HOA, I KNOW THE HOA IS AGAINST THIS REZONING, BUT I DO WANNA LET YOU KNOW THAT THERE IS A LETTER FROM THEM.
THERE'S SEVERAL STORIES IN THERE AND I DON'T WANNA DISMISS THEIR VOICES BECAUSE THEY REALLY CARE FOR THIS FACILITY AND THEY WANNA MAKE SURE THAT IT'S STILL THERE FOR THEIR SERVICES.
IT'S, UH, YOU ALWAYS HAVE BUSINESSES WITH NEGATIVE REVIEWS.
I UNDERSTAND THAT AND I TOTALLY RESPECT THAT POINT OF VIEW, BUT THAT ALWAYS HAPPENS.
UM, PET SERVICES ARE NOT ALLOWED IN SINGLE FAMILY.
AND AGAIN, THIS HAS NEVER BEEN A SINGLE FAMILY ZONED PROPERTY AND WAS BROUGHT.
THAT HOUSE WAS THERE FROM 1942.
AND EVENTUALLY, Y'ALL KNOW OUR ZONING CHANGES IN 1990.
WE REZONED A BUNCH OF PARTS OF THE CITY.
I WOULD LIKE TO OPEN FOR ANY QUESTIONS IN PARTICULAR THAT YOU GUYS HAVE.
AND ALSO MY CLIENT IS HERE IF YOU WANNA HEAR FROM HER DIRECTLY.
WE, I CAN FORWARD YOU THE EMAIL.
WE HAVE BEEN TALKING TO SKYBRIDGE, HOA THROUGH THEIR ATTORNEY AND YES, WE'VE BEEN COORDINATING THE FENCE.
I UNDERSTAND THEY'RE AN OPPOSITION OF THE ZONING, BUT THE FENCE HAS BEEN COORDINATED.
WE HAVE NOT ASKED THEM TO PAY FOR THE FENCE.
THE FENCE IS 18 K AND WE'RE WORKING THROUGH ALL THAT ON OUR OWN.
SO I DO WANNA MAKE SURE Y'ALL KNOW THAT WE DO NEED TO COORDINATE TO REMOVE THE FOLIAGE.
SO I AM GONNA EMAIL THE ATTORNEY ABOUT THAT, BUT I'M CONTINUING TRYING TO MAKE THAT EFFORT HAPPEN.
THAT CONCLUDES THE SPEAKERS ON, UM, DURING THE DISCUSSION FOR THIS ITEM.
I AM LOOKING FOR A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING.
I HAVE A MOTION FROM SECRETARY MAXWELL, SECOND FROM PARLIAMENTARIAN HANEY.
ANY OBJECTION? SEEING NONE THAT PASSES.
SO WE WILL MOVE INTO OUR ROUND ROBIN AND BECAUSE WE'VE PREVIOUSLY HAD A FULL DISCUSSION ON THIS CASE, I'M GONNA PROPOSE THAT WE TAKE THREE COMMISSIONERS AT FIVE MINUTES EACH INSTEAD OF OUR USUAL FIVE AND EIGHT AT FIVE AT EIGHT.
AND IF COMMISSIONERS HAVE ANY ADDITIONAL QUESTIONS, WE CAN TAKE THOSE AS NEEDED.
BUT IS THERE ANY OBJECTION FROM THE COMMISSION ON THIS ABBREVIATED ROUND ROBIN? OKAY, HEARING NONE.
UM, WE CAN HEAR FROM OUR FIRST COMMISSIONER WITH QUESTIONS IF THERE ARE ANY.
UM, MI UH, MS. NICELY, I KNOW YOU STARTED TO ALLUDE TO THIS, BUT, UH, I, I KNOW WE HEARD FROM A COUPLE OF FOLKS THAT WERE THINKING THAT THERE WERE GONNA BE BURDEN PLACED ON NEIGHBORS TO PAY FOR A FENCE.
CAN YOU WALK THROUGH THAT A LITTLE BIT MORE AND, AND WHERE DO WE EXPECT TO SEE A NEW FENCE AND WHAT DOES THAT LOOK LIKE OR NOT LOOK LIKE PER SE, BUT WHERE WILL THAT GO? YEAH, OF COURSE.
UM, THERE'S CURRENTLY A FENCE IN PLACE.
UH, I DID EMAIL SKY BRIDGE LOFT.
THERE WERE TWO OPTIONS TO EITHER DO IT IN THE MIDDLE IN THE, UM, LOT OR JUST DO ANOTHER FENCE.
SO WE, THEY WANTED TO DO JUST A SEPARATE FENCE.
SO WE'RE MOVING FORWARD WITH THAT.
[00:55:01]
WOODEN FENCE, SEVEN FEET TALL.WE DO HAVE TO CONTACT THE CITY IN ORDER FOR THEM TO STRIPE THE PIPES SO WE DON'T HIT ANYTHING THAT'S PART OF THE PROCESS.
WE DID TALK TO CODE COMPLIANCE AS WELL.
SO THEY CAN COORDINATE WHEN THAT COMES IN.
THE PROBLEM THAT WE HAVE RIGHT NOW IS THAT WE DO NEED TO COORDINATE THE FOLIAGE THAT EXISTS AND THERE'S A, A COUPLE OF BRUSH, 'CAUSE OF COURSE THAT AREA DOES HAVE THAT CREEK AND A LOT HAS GROWN IN THERE.
IF THE FENCE GOES AGAINST THAT, IT'LL AFFECT THE CURRENT VEGETATION.
SO I WILL FORMALLY SEND AN EMAIL TO SKYBRIDGE LOFTS HOA, TO MAKE SURE THEY'RE AWARE OF THAT.
AND SO THE ENTIRE PROPERTY IN BETWEEN YOUR CLIENT AND SKYBRIDGE WOULD GET THAT NEW WOODEN FENCE? CORRECT.
SO IF YOU WANNA, UM, CAN YOU PULL UP THE, THE POWERPOINT, THE SECOND SLIDE, AND AS STAFF PULLS THAT UP, I HEARD ABOUT CONCERNS ABOUT PLANS TO EXPAND OR THE POTENTIAL TO EXPAND.
I, I QUITE DIDN'T UNDERSTAND THE EXPANSION PORTION OF IT.
IF IT'S EXPANSION OF HOW MANY DOGS THEY CAN HAVE, THEY ARE LIMITED BY THE SQUARE FOOTAGE OF THE HOME THAT THEY CALL.
UM, BUT IT'S 17 SQUA IS A HUNDRED SQUARE FEET, SO I DON'T KNOW IF THERE'S ANY CAPACITY.
AGAIN, OUTDOOR KENNELING IS VERY WELL DEFINED IN CODE.
UM, AND SO THE, THE, THE FENCE WOULD BE LOCATED BETWEEN THE TWO PROPERTIES.
DOES THIS OUTTA A POINTER? UM, MAYBE NOT.
SO IT'S BETWEEN, UH, SKYBRIDGE LOFTS AND THE, AND THE, UM, PET SERVICES.
THE PART, IF YOU GO SLIDE OVER PLEASE.
UH, WHERE THE ZONING MAP IS, THERE YOU GO.
THE REST IS A PUD WHERE, UM, REGAL OF CINEMA IS LOCATED, WHICH REGAL CINEMA ACTUALLY SENT A LETTER OF SUPPORT THE MANAGERS TALKED ABOUT OVER THE NOISE AND THE BARKING.
SO THEY'RE IN SUPPORT AND THAT WHERE IT SAYS NF MF TWO AND P ACROSS THE STREET, THEY ALSO SEND A LETTER OF SUPPORT FOR THE USE.
ANY OTHER COMMISSIONERS WITH QUESTIONS? COMMISSIONERS? SKIDMORE.
OH, GO AHEAD COMMISSIONER POWELL.
SO, UM, A LITTLE BIT MORE CLARIFICATION ON THE FENCE.
UH, WHAT IS THE STATUS OF THE FENCE TODAY AND THEN THE TIMELINE FOR THOSE IMPROVEMENTS TO TAKE PLACE.
UH, JUST TO REITERATE, WE CONTACTED THE CITY SO THEY CAN STRIPE.
WE CAN NOT MOVE ANYTHING BUT, UH, THE WOODEN FEST HAVE BEEN, THE STUFF HAS BEEN PRE-ORDERED AND I, I CAN HAVE, MADELINE CAN SPEAK MORE TO IT IF YOU WANNA HEAR FROM HER.
THAT BE HELPFUL MOVING FORWARD.
SO YOUR QUESTION IS JUST THE STATUS OF THE FENCE AND THE GOAL OF THE COMPLETION? THAT'S RIGHT.
OUR GOAL IS TO HAVE EVERYTHING DONE PRIOR TO WHEN THIS VOTE, THIS COMES TO VOTE, UM, WITH CITY COUNCIL.
SO WE CAN JUST SAY, HEY, THIS IS DONE WITH, UM, WHERE WE NEED TO BUILD IT ON THE PROPERTY LINE TO BE IN LINE WITH CODE.
THERE ARE ONE OR TWO, EITHER REALLY BIG SHRUBS YOU COULD CALL THEM, OR SMALL TREES THAT WE NEED, THAT WE SHARE SOME BRANCHES WITH.
THEY'RE KIND OF JUST GROWING IN THIS AWKWARD SPOT.
AND INITIALLY WHEN SKYBRIDGE HAD BUILT THEIR UNITS, THEY HAD WANTED A SEE-THROUGH FENCE WITH GREEN FOLIAGE FOR LIKE AESTHETICS.
SO THERE'S JUST SOME STUFF THAT WE JUST WANT TO MAKE SURE THAT WE'RE DOING EVERYTHING BY THE BOOK, OBVIOUSLY.
AND SO WE JUST NEED TO COORDINATE WITH THAT FOLIAGE AND EVERYTHING.
WE HAVE A CONTRACTOR UNDERWAY.
WE HAVE PLANS, WE KNOW EXACTLY WHAT MATERIALS WE'RE STARTING.
WE, WE DON'T OBVIOUSLY WANNA HIT A GAS PIPE OR ANYTHING.
UM, SO I-A-S-A-P AS SOON AS WE CAN GET EVERYTHING IN LINE, I KNOW STUFF'S BEING ORDERED AND I, OUR, OUR FULL EXPECTATION IS THAT IT WOULD BE DONE PRIOR TO WHEN THIS COMES TO A VOTE AT CITY COUNCIL IS, I MEAN, KNOCK ON WOOD COAT CONSTRUCTION AND IT DOESN'T RAIN FOR ANOTHER TWO MONTHS OR ANYTHING.
ANY OTHER COMMISSIONERS WITH QUESTIONS? YES, COMMISSIONER SKIDMORE? YEAH, I GUESS I HAD A QUESTION FOR THE APPLICANT OR THE REPRESENTATIVE OF, I'M LOOKING AT THE NEW AND REVISED WEBSITE, I GUESS OF IT SAYS SUPERVISED PLAYGROUP DURING THE SUMMER.
NO PLAYGROUP IS LONGER THAN 25 MINUTES TO ENSURE DURING THE SUMMER MONTHS.
NO PLAYGROUP IS LONGER THAN 25 MINUTES TO ENSURE DOGS DO NOT OVERHEAT, HOW LARGE IS A PLAYGROUP AND OUTSIDE OF SUMMER MONTHS OF HOW LONG WILL THE DOGS BE OUTSIDE? HI.
UM, AND I THINK THIS ROOTS BACK TO THE, TO THE LINE THAT WE HAD AROUND UNLIMITED OUTDOOR TIME, WHICH OBVIOUSLY IN RETROSPECT I UNDERSTAND WHY THAT'S A REALLY, I THINK SOMEONE IN
[01:00:01]
THE INDUSTRY TAKES IT A LOT DIFFERENTLY.'CAUSE OBVIOUSLY WE'RE NOT TAKING DOGS OUT IN THE MIDDLE OF THE NIGHT AT 2:00 AM TO HAVE PLAYGROUPS.
UM, TRADITIONALLY SPEAKING, THE WAY THAT PLAY SESSIONS WORK AT A LOT OF DIFFERENT BOARDING FACILITIES IS THAT REGARDLESS OF THE SIZE, BREED, AGE, OR TEMPERAMENT OF THE DOG, THEY GO OUT FOR 20 MINUTES TWICE IN THE MORNING AND THEN 20 MINUTES OUT IN THE AFTERNOON.
WE HAVE CERTAIN DOGS LIKE FRENCH BULLDOGS WHO CAN'T BE OUT FOR MORE THAN FIVE MINUTES AT A TIME BECAUSE OF THEIR OWN HEAT RESTRICTION.
UM, AND THEN I HAVE LIKE A WINERY WHO COMES AND THEY MIGHT BE IN ONE DOG.
IF I MIGHT JUMP, JUMP IN MY TIME IS, IS LIMITED SIX, OH, SORRY.
HOW MANY, HOW MANY ARE IN A PLAYGROUP? ANYWHERE BETWEEN SIX TO EIGHT OR NINE DOGS.
I MEAN, AND, AND IT CAN GO AS LOW AS ONE, SO RIGHT.
AND THEN OUTSIDE OF SUMMER, MONTHS, MONTHS, WILL THEY BE OUT THERE LONGER THAN 20 MINUTES? MM-HMM
UH, AND OUTSIDE OF THE SUMMER MONTHS, GENERALLY SPEAKING, IT'S THE SAME 25, 30 MINUTES.
MOST DOGS CAN'T, I'M SURE MOST OF US HAVE DOGS AFTER THEY RUN AROUND FOR ABOUT 30 MINUTES.
UM, BUT ESPECIALLY IN THE SUMMER MONTHS, WE PUT THAT ON THE WEBSITE BECAUSE I MEAN, IT'S ABOVE 80 DEGREES, THE MAJORITY OF THE RIGHT.
I GUESS I HAVE A QUESTION FOR CITY STAFF, STAFF MEMBER COMING UP TO THE PODIUM, IF YOU WANNA STATE YOUR QUESTION.
MY QUESTION IS RELATED TO THE DISTINCTION BETWEEN BO BETWEEN KENNELING AND PET SERVICES BECAUSE IT SEEMS THAT THE LANGUAGE SHOWS BOARDING FOR BOTH AND VERY CLEARLY THE BUSINESS' OPERATING MODEL INCLUDES DOG BOARDING.
SO I'M TRYING TO UNDERSTAND WHAT'S THE THRESHOLD BETWEEN, I GUESS, SMALL SCALE DOG BOARDING AND THE LARGE SCALE KENNELING.
UH, SO WHAT, WHAT IS THAT LINE? YEAH.
UH, BEVERLY VELA WITH THE PLANNING DEPARTMENT.
UM, SO WITH KENNELING, IT, THERE'S LANGUAGE IN THERE THAT SAYS OF A SITE.
SO, UM, BOARDING CAN BE ON THE SITE.
UM, AND IT ALSO INCLUDES, UM, LIKE THE DOG TRAINING CENTERS VERSUS PET SERVICES.
I WILL SAY THE LAND DEVELOPMENT CODE, UM, IT CAN BE A LITTLE BIT, UM, UH, COMPLEX AND NOT STRAIGHTFORWARD.
UM, BUT IN PET SERVICES, IT DOES, DOES SAY THAT BOARDING WILL BE ON, UH, WITHIN, UM, THE ENTIRETY OF, OF THE BUILDING, I BELIEVE.
SO DOES IT SPEAK TO THE NUMBER OF DOGS AT ALL, OR THE NUMBER OF IT DOESN'T, IT DOES NOT, NO.
SO AS A PRACTICAL MATTER, WHAT'S THE DISTINCTION? UM, WELL THIS DISTINCTION BETWEEN PET SERVICES AND KENNELS IS PET SERVICES SAYS TOTALLY WITHIN A BUILDING, AND THEN KENNELS YOU CAN BE, YOU CAN USE THE SITE FOR, OKAY.
SO WOULD YOU CONSIDER THE OUTDOOR ACTIVITIES OF THE DOGS, UH, ON THE ACRE AS IT WERE, OF LAND? OF AS USING THE, THE SITE? UM, I, I, I WOULDN'T BE ABLE TO ANSWER THAT CORRECTLY, BUT I WOULD SAY THAT, LET ME, SHALL I RESTATE THE QUESTION THEN? I MEAN, THEIR BUSINESS MODEL IS PROPOSING THAT AS PART OF THEIR BOARDING OF THESE DOGS, EITHER FOR DAY OR OVERNIGHT, THAT THEY, UH, THAT THEY SPEND TIME OUTSIDE AND THEY USE THE SITE.
IS THAT NOT TRUE? THAT IS TRUE.
UM, SO I WOULD SAY THAT, UM, WITH THE INTERPRETATION THAT I HAVE, AND THIS IS NOT ANY OTHER INTERPRETATION, UM, I WOULD SAY THAT BOARDING FACILITIES ARE ALLOWED TO TAKE DOGS ON WALKS, UM, UTILIZING THEIR SPACE.
HOWEVER, WITH KENNELING, UM, IT DOES SAY SPECIFICALLY SITE FOR THE BOARDING OF CARE OF DOGS.
SO YOU CAN USE THE BOARDING ON OUTSIDE OF THE BUILDING.
I'M NOT SURE IF I'M MAKING SENSE.
WELL, YOU JUST SAID THAT ABOUT TAKING WALKS WITH THE DOGS, BUT IT SOUNDS LIKE IT'S, THEY'RE OUTSIDE PLAYING AND THEY'RE NOT, UH, ON A LEASH BECAUSE THEY'RE IN THIS, ON THE PROPERTY.
SO I'M NOT SURE THAT THEY'RE WALKING THE DOGS AS MUCH AS JUST LETTING THEM OUTSIDE.
HI, COMMISSIONER ERIC THOMAS WITH THE PLANNING DEPARTMENT.
JUST TO PROVIDE A LITTLE BIT MORE CONTEXT.
UM, TYPICALLY WITH KENNEL, FROM STAFF'S PERSPECTIVE, THE KENNEL USE WOULD BE, UH, IT COULD INCLUDE DOGS AND CATS, BUT IT WOULD ALSO INCLUDE SOMEWHAT LARGER ANIMALS.
UM, AND THE, ALL OF THE CARE AND BOARDING COULD BE OCCURRING OUTSIDE, WHEREAS WITH PET SERVICES, YOU'LL HAVE THE ANIMALS SLEEPING INSIDE.
IT DOESN'T, AND THEY HAVE TO BE SLEEPING INSIDE.
SO IT, IT DOESN'T PREVENT THE ANIMALS FROM GOING OUTSIDE DURING THE DAY.
BUT THE USE ITSELF OF, OF, UM, THE ANIMALS, UM, BEING CARED FOR WOULD BE INDOORS.
COMMISSIONER SKIDMORE, THAT'S, THAT'S YOUR TIME.
UM, AND IF WE HAVE ANY OTHER COMMISSIONERS WHO WANNA PICK UP ON THAT, WE CAN MAYBE EXTEND TO TWO
[01:05:01]
MORE COMMISSIONERS AT FIVE MINUTES EACH.UM, YEAH, I WAS JUST GONNA CHECK WITH COMMISSIONER SKIDMORE, DID YOU HAVE AN ADDITIONAL QUESTION YOU WANTED TO ASK AS A FOLLOW UP? UH, WELL, I HAD ONE MORE QUESTION AROUND NOISE AND WHAT'S THE PROCESS OF WHAT, HOW DOES, AND HOW WOULD A NOISE COMPLAINT BE PROCESSED FOR, UH, YOU KNOW, INCESSANT BARKING OF, OF DOGS? WHERE DOES THAT, WHERE DOES THAT LIVE? HOW DOES THAT FALL IN OUR NOISE ORDINANCE? UH, THERE'S A STAFF MEMBER COMING UP NOW, THANK MR. SKIDMORE.
AND THEN THAT'S IT, I PROMISE.
HI, BEVERLY, VE AGAIN, UM, WITH NOISE CO COMPLAINTS, UM, JUST LIKE ANY OTHER BUSINESS, UM, THEY WOULD HAVE TO GO THROUGH 3 1 1.
UH, I'LL GO AHEAD AND ASK A FOLLOW-UP QUESTION THEN.
IF THERE'S SEVERAL NOISE COMPLAINTS RELATED TO BARKING.
'CAUSE OBVIOUSLY CERTAIN FACILITIES WOULD BE NOISIER THAN OTHERS.
HOW IS THAT USUALLY HANDLED? DO THEY TRY TO WORK OUT SOME MITIGATION WITH THE OWNERS OR WHAT IS THE, IF THE, THERE'S MULTIPLE COMPLAINTS THROUGH 3 1 1.
I PERSONALLY DO NOT KNOW ABOUT HOW 3 1 1 HANDLES KNOWS COMPLAINTS, BUT, UM, I THINK ERIC THOMAS MIGHT KNOW A LITTLE BIT MORE THAN ME HI COMMISSIONERS.
AND UNFORTUNATELY I'M NOT THE RESIDENT EXPERT IN CODE COMPLIANCE ISSUES EITHER.
BUT I WOULD IMAGINE, UM, JUST BASED OFF OF THE CODE VIOLATIONS AND COMPLAINTS THAT I'VE DONE RESEARCH ON THAT EACH TIME THERE'S A COMPLAINT, IT'S ASSIGNED THERE.
A A CASE NUMBER IS CREATED, THE COMPLAINT IS ASSIGNED TO A, A CODE OFFICER.
IF IT'S A DUPLICATE OF AN EXACTLY ANOTHER COMPLAINT THAT WAS PREVIOUSLY SUBMITTED, THAT'S ALREADY OPEN, THEN THE DUPLICATE WOULD BE CLOSED.
BUT THERE'S AN EVENT LOG ON EACH COMPLAINT OR VIOLATION WHERE EVERY TIME THE OFFICER GOES OUT TO THE SITE AND THEY'LL EXPLAIN WHAT HAPPENED, THEY'LL TAKE A PICTURE.
UM, SO IT'S NOT LIKE JUST BECAUSE IT WAS A DUPLICATE, IT DIDN'T EVER EXIST OR IT WASN'T ACKNOWLEDGED.
IT'S JUST THAT AS THE, THE COMPLAINT MOVES FORWARD IN THE PROCESS, IT'S IN ONE, ONE CASE.
AND COMMISSIONER SKIDMORE, YOU, YOU, YOU'RE SURE YOU'RE NOT, YOU'RE GOOD.
UM, I DID HAVE ONE ADDITIONAL COUPLE OF QUESTIONS FOR THE APPLICANT.
UM, I JUST WANTED TO CLARIFY BECAUSE I THINK THERE IS A CONCERN OBVIOUSLY RELATED TO THE RESIDENTS WHO LIVE THERE, BUT JUST TO CONFIRM, THIS IS A COMMERCIAL ZONED AREA, AS YOU MENTIONED MM-HMM
AND ALL OF THE PROPERTIES ADJACENT ARE PRIMARILY COMMERCIALLY ZONED, IS THAT CORRECT? PRIMARILY, YES.
AND THERE ARE OTHER, AND MULTIFAMILY.
SO THERE ARE OTHER MULTIFAMILY, UH, PROPERTIES IN THE AREA, IS THAT CORRECT? YES, CORRECT.
THERE ARE TWO I CAN SHOW YOU THE ZONING.
NO, THAT I JUST WANTED TO, 'CAUSE OBVIOUSLY WE, AND THERE WAS SOME CONCERNS I GUESS RELATED TO THE IMPACT OF PROPERTY VALUES AND THINGS LIKE THAT.
BUT NONE, NONE OF THE DECISIONS WE'RE MAKING TONIGHT WOULD REALLY IMPACT THAT BECAUSE IT'S GONNA CONTINUE TO BE A COMMERCIALLY ZONED PROJECT.
SO REALLY WE'RE NOT CHANGING THE CURRENT, WE'RE JUST, UH, CLARIFYING THE USES ON SITE AND WHAT'S PERMITTED THROUGH THIS ZONING CASE, NOT NECESSARILY CHANGING IT FROM ANYTHING THAT WOULD IMPACT, SAY, THE MULTIFAMILIES, THAT CURRENT, UH, PROJECTS THAT CURRENTLY EXIST THERE.
AND IT WAS A DAYCARE WHICH REQUIRED A, A LO ZONE INITIALLY, AND IT WAS FOR 45 YEARS.
SO THEY WERE UP TO PAR AND WITH STATE, UM, STATE LICENSING AND EVERYTHING.
SO THIS IS REALLY JUST BRINGING THE NEW BUSINESS THAT'S THERE OR THE NEW, MORE RECENT BUSINESS IN CODE COMPLIANCE AND UP TO DATE WITH THEIR ZONING CATEGORY.
AND PET SERVICES CAN BE COMPLICATED TO, TO SEE WHERE IT FITS, SO, YEAH, EXACTLY.
THOSE ARE MY QUESTIONS, CHAIR.
ANY OTHER COMMISSIONERS WITH QUESTIONS? OTHERWISE I'M LOOKING FOR A MOTION COMMISSIONER AHMED.
UM, CAN I MAKE A COUPLE COMMENTS BEFORE THAT, UH, MOTION? YOU CAN GO AHEAD AND STATE YOUR MOTION AND THEN YOU'LL HAVE AN OPPORTUNITY TO SPEAK TO IT.
UH, I MAKE A MOTION FOR APPLICANT REQUEST WITH CHANGES TO THE CEO TO PROHIBIT ONLY THE FOLLOWING USES CONSUMER CONVENIENCE SERVICES, CONSUMER REPAIR SERVICES, SERVICE STATION, AND CUSTOM MANUFACTURING.
AND CAN YOU CLARIFY WHETHER YOUR MOTION INCLUDES, UH, ITEMS TWO AND THREE? IS THAT APPLICANT REQUEST FOR THE PLAN AMENDMENT AND THE REZONING? THAT'S CORRECT.
IS THERE A SECOND? COMMISSIONER? HA, PARLIAMENTARIAN HANEY.
UM, OKAY, SO WE'LL MOVE INTO DEBATE.
DO YOU MEAN THE APPLICANT'S RECOMMENDATION OR THE STAFF'S RECOMMENDATION? UH, THE APPLICANT'S, UH, THE APPLICANT IS ASKING FOR MIXED USE AND THE STAFF RECOMMENDATION IS FOR NEIGHBORHOOD MIXED USE FOR THE LAND USE AND FOR THE ZONING, IT'S, UH, IT'S, IT'S THE SAME WITH A DIFFERENT, MAYBE A DIFFERENT CO, BUT THE, YEAH, IT'S A, UM, WHEN WE LOOKED AT THE,
[01:10:01]
AS YOU ALL KNOW, EVERY PLANNING AREA HAS DIFFERENT NOMENCLATURE AND NAMES, SO IT ONLY HAD MIXED USE, BUT THE, UM, STAFF IS CORRECT.IT WOULD BE NEIGHBORHOOD MIXED USE.
SO WHEN I SEND THE LETTER, IT SAID MIXED USE ONLY.
'CAUSE THAT WAS THE ONLY THING IN THE MAP.
BUT THEY CLARIFIED TO US THAT IT'S NEIGHBORHOOD MIXED USE AND WE'RE IN AGREEMENT.
SO IT'D BE THE STAFF RECOMMENDATION IN THAT CASE.
SO STAFF RECOMMENDATION FOR ITEMS TWO AND THREE WITH ONLY THE USES THAT YOU, THE FOUR USE THAT I MENTIONED EXCLUDED? THAT'S CORRECT.
UM, DOES THAT SECOND STILL STAND COMMENTARY? HANEY? GREAT.
OKAY, SO WE'LL MOVE INTO DEBATE.
WE CAN HAVE THREE SPEAKERS, FOUR AND THREE AGAINST COMMISSIONER AHMED, IF YOU'D LIKE TO START BY SPEAKING TOWARD YOUR, TO, TO YOUR MOTION.
SO FIRST OF ALL, I WANT TO THANK ALL THE, UH, FOLKS THAT HAVE COME HERE AND SPOKE ABOUT THIS PARTICULAR CASE.
I UNDERSTAND THAT THERE'S A, A LOT OF PASSIONATE, UM, OPPOSITION TO THIS BUSINESS.
THERE'S A LOT OF FOLKS AS WELL THAT ARE VERY MUCH SUPPORTIVE OF THIS BUSINESS, UH, INCLUDING SOME NEIGHBORHOOD, UH, SOME, UH, NEIGHBORING BUSINESSES TO THIS PARTICULAR PET FACILITY AND SEVERAL OTHER NEIGHBORS AND SEVERAL OTHER CUSTOMERS OF, UH, SEVERAL OF THE PAST CUSTOMERS OF THIS PARTICULAR BUSINESS.
I DO THINK THAT IT'S NOT OUR JOB AS COMMISSIONERS TO TRY TO PUNISH OR REWARD A SPECIFIC BUSINESS, BUT TO TRY TO OPINE ON THE BEST POSSIBLE USE OF THIS PROPERTY.
AND I DO BELIEVE A LESS RESTRICTIVE ZONING CHANGE IS MORE APPROPRIATE, UH, FOR THIS PROPERTY, UH, BOTH NOW AND IN THE FUTURE AND WOULD OVERALL BENEFIT THE COMMUNITY.
AND SO MY CONCERN WITH THE ORIGINAL APPLICANT REQUEST, UH, UM, WAS THAT THE CEO SEEMED EXCESSIVELY RESTRICTIVE, ALLOWING FOR VERY FEW USES OTHER THAN PET SERVICES.
AND SO I TALKED TO MANY DIFFERENT STAKEHOLDERS AFTER THE LAST, UH, OVER THE LAST SEVERAL DAYS, UH, INCLUDING THE NEIGHBORHOOD CONTACT TEAMS AFTER SPEAKING TO THEM.
I BELIEVE A LOT MORE USES SHOULD BE INCLUDED IN THIS ZONING CHANGE AND WOULD BE APPROPRIATE FOR THIS PROPERTY.
ANYONE SPEAKING AGAINST THE MOTION? ANYONE ELSE WOULD LIKE TO SPEAK FOR? SO I, I'LL JOIN IN AND SAY THIS HAS BEEN, UH, THIS HAS BEEN A VERY DIFFICULT DECISION TO MAKE.
UM, I SEE JUST THE ACKNOWLEDGEMENT OF A TRAGEDY FROM THE COMMUNITY AND I SEE ALSO LEGITIMATE EFFORTS TO BETTER THE BUSINESS TO MAKE SURE THAT THAT DOESN'T HAPPEN AGAIN.
FOR ME PERSONALLY, I'M SPEAKING AGAINST THIS MOTION BECAUSE, UM, WHAT I REALLY ZEROED IN ON WAS THE FENCE IMPROVEMENTS, THE UNDERSTANDING THAT TO, TO SEE THE NEXT STEP OF THIS BEING VALIDATED THROUGH OUR ACTIONS THROUGH CITY COUNCIL.
I'D LOVE TO SEE THOSE IMPROVEMENTS MADE TO MAKE SURE THAT TRAGEDIES CAN'T HAPPEN IN THE FUTURE.
I HEAR THERE'S TIMELINES FOR IT.
IT JUST ISN'T QUITE ENOUGH FOR ME TO FEEL COMFORTABLE MAKING A VOTE FOR THIS TODAY.
SO, WANTED TO SHARE THAT WITH THE GROUPS.
AND AGAIN, WANNA THANK THE COMMUNITY FOR SHARING THE EXPERIENCES, WANNA THANK THE BUSINESS OWNER FOR WORKING ON AND MAKING IMPROVEMENTS HERE.
I HAVE JUST ONE VOTE, SO WHATEVER HAPPENS, I REALLY HOPE TO SEE THIS COME OUT IN A PLACE THAT BENEFITS THE COMMUNITY, UH, CREATES A BETTER BUSINESS.
ANY COMMISSIONER SPEAKING FOR COMMISSIONER ANDERSON? THANK YOU CHAIR.
AND THANK YOU FOR THIS MOTION.
UM, I'VE LIVED ABOUT A QUARTER MILE FROM HERE FOR ABOUT A YEAR AND A HALF OF MY LIFE.
AND I'VE VISITED THE SITE A COUPLE OF TIMES FOR THE PAST FEW MONTHS.
AND TO ME, THIS USE MAKES ALL THE SENSE IN THE WORLD ON THIS PROPERTY.
AND I WAS IMPRESSED BY THE WAY IT WAS, UH, THAT BUSINESS WAS BEING CONDUCTED THERE.
I'M VERY SORRY THAT A TRAGEDY HAPPENED IN THE PAST.
UM, BUT I REALLY HOPE THAT WE DON'T HOLD A SINGLE TRAGEDY, A SINGLE EVENT AGAINST A BUSINESS AND A FAMILY THAT'S BEEN WORKING ON A PROPERTY FOR A HUNDRED YEARS AGAINST THEM IN A WAY THAT, YOU KNOW, HARMS A SMALL AUSTIN BUSINESS.
AND THE PEOPLE THAT I RANDOMLY SPOKE TO THAT WERE COMING IN AND OUTTA THIS FACILITY SAID, THIS IS THEIR ONLY CHANCE THAT THEIR DOGS REALLY GET TO RUN AND HAVE FUN WHEN THEY'RE GOING ON VACATION.
AND THEY GET TO LEAVE THEIR DOG IN A PLACE WHERE THEY FEEL THAT THEIR DOG WILL HAVE A GOOD TIME AND COME BACK TO THEM SAFELY.
SO, UM, I'M EXCITED ABOUT THE CHANGES THAT ARE BEING MADE AND I HOPE THAT WE PASS THIS TODAY.
ANY OTHER COMMISSIONERS? SPEAKING AGAINST THE MOTION, I'LL GO AHEAD AND SPEAK AGAINST THE MOTION.
SURE, I MAY, I I THINK THAT, I DON'T THINK THE APPLICANT HAS, I MEAN, I KNOW THEY'RE PROPOSING A NEW FENCE, BUT IT'S NOT BEEN CONSTRUCTED.
AND I STILL DEEPLY CONCERNED THAT THE BUSINESS MODEL DOESN'T ACTUALLY ADEQUATELY ADDRESS THE EXTERNALITIES, THE NEGATIVE CONSEQUENCES TO THE NEIGHBORS.
AND I THINK JUST BECAUSE THE NEIGHBORS LIVE IN MULTIFAMILY ZONING, I MEAN, I LIVE IN MULTIFAMILY ZONING, I DON'T THINK THAT THEY SHOULD SUFFER MORE FROM THE EXTERNALITIES OF THEIR NEIGHBOR.
AND I THINK THAT THE, THE NOISE OF INCESSANT DOG BARKING IS A REAL ISSUE AND A QUALITY OF LIFE ISSUE.
[01:15:01]
CONVINCED THAT REAL STEPS ARE BEING MADE TO FIX THAT.SO I I THINK THAT YOU KNOW, THAT, THAT MULTIFAMILY RESIDENTS DESERVE THE SAME CONCERNS ABOUT NOISE AND QUALITY OF LIFE THAT EVERYBODY ELSE DOES.
SO THAT IS, UH, AND OTHER REASONS WHY I'M VOTING AGAINST IT TODAY.
ANY COMMISSIONERS SPEAKING FOR THE MOTION? WE HAVE ONE MORE SPOT FOR AND ONE MORE AGAINST.
SEEING NONE, LET'S TAKE A VOTE.
ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND.
ALL THOSE OPPOSED, ANY ABSTAINING.
SO THAT MOTION PASSES SEVEN FOUR, THANK YOU TO STAFF AND ALL THE SPEAKERS THAT WERE HERE.
WE REALLY APPRECIATE YOUR TIME.
THAT CONCLUDES OUR PUBLIC HEARINGS.
SO WE'LL MOVE INTO OUR BOARDS AND COMMITTEES AND
[WORKING GROUP/COMMITTEE UPDATES ]
WORKING GROUP UPDATES.UM, ITEM 13 IS CODES AND ORDINANCES, JOINT COMMITTEE UPDATE, UH, COMMISSIONER BREIRA RAMIREZ OR SECRETARY MAXWELL.
ANY UPDATES ON THAT? NO, NO UPDATES.
UH, COMPREHENSIVE PLAN, JOINT COMMITTEE.
DO WE HAVE ANY UPDATES FROM COMMISSIONERS? AHMED LAN OR POWELL? NO, NO UPDATES.
JOINT SUSTAINABILITY COMMITTEE.
COMMISSIONER HILLER NEGATIVE
YEAH, I'LL, I'LL DO A BRIEF UPDATE.
UH, WE WERE SUPPOSED TO HAVE A MEETING LAST WEDNESDAY AND WE FAILED BECAUSE WE DIDN'T HAVE QUORUM.
SO I THINK I'LL USE THIS AS A MOMENT TO REMIND MY FELLOW COMMISSIONERS OF, UH, TO, UH, TO CHECK IN, MAKE SURE THAT THERE'S QUORUM CHECK ON THAT COMMITTEE.
SO I DON'T KNOW WHEN THEN, WHEN THE RESCHEDULE WILL BE.
COMMISSIONER SKIDMORE, SOUTH CENTRAL WATERFRONT ADVISORY BOARD.
DO WE HAVE AN UPDATE? COMMISSIONER ANDERSON? I WAS JUST PUT ON THERE.
I DON'T HAVE AN UPDATE FOR YOU.
OH, I, I BELIEVE THE JUNE MEETING HAS ALSO BEEN CANCELED.
UM, AND THEN GOVERNANCE RULES AND PROCEDURES WORKING GROUP.
I CAN PROVIDE AN UPDATE THAT WE PLAN TO MEET SHORTLY AND HAVE AN UPDATED, UM, SET OF RULES FOR US TO VOTE ON AS A COMMISSION.
[FUTURE AGENDA ITEMS ]
FUTURE AGENDA ITEMS TO ADD? OKAY.I JUST WANTED TO REMIND THE C THE COMMISSION THAT WE STILL HAVE A VACANCY ON THE COMPREHENSIVE PLAN JOINT COMMITTEE AND A BACKUP IS STILL NEEDED FOR THE JOINT SUSTAINABILITY COMMITTEE.
AND THOSE WON'T BE ON THE AGENDA FOR PROBABLY ANOTHER MONTH, BUT I WANTED TO GIVE COMMISSIONERS AN OPPORTUNITY TO THINK ABOUT THAT IF YOU'RE NOT ON A COMMISSION OR, OR A COMMITTEE AND YOU WANNA, OR IF YOU WANNA TAKE UP ANOTHER ONE.
JUST WANTED TO GIVE A REMINDER.
CAN WE GET A REMINDER ON WHEN THE CODES AND ORDINANCE, IS IT, I'M SORRY? IT'S THE COMPREHENSIVE PLAN JOINT COMMITTEE AND JOINT SUSTAINABILITY COMMITTEE.
LET ME PULL THAT UP REAL QUICK.
UH, ANYONE WHO'S ON CPJC CAN GIVE US A REMINDER OF WHEN YOU ALL MEET.
SO IT LOOKS LIKE COMPREHENSIVE PLAN.
IT'S QUARTERLY, IT'S GONNA BE THE SECOND WEDNESDAY OF THE MONTH AT 4:00 PM AND THEN JOINT SUSTAINABILITY COMMITTEE.
IT'S GONNA BE THE FOURTH WEDNESDAY OF THE MONTH AT 6:00 PM THANK YOU SO MUCH MS. GARCIA.
AND THE, THE NEXT MEETING FOR THAT IS JULY 9TH, WEDNESDAY, THAT'S CPJC.
UM, SO PLEASE BE THINKING ABOUT WHETHER EITHER OF THOSE MIGHT WORK FOR YOUR SCHEDULE AND IF YOU'D BE WILLING TO JOIN AS ALTERNATE OR AN ADDITIONAL MEMBER OF THE COMPREHENSIVE PLAN JOINT COMMITTEE, WE'LL TAKE A VOTE ON THAT AT ONE OF OUR JULY MEETINGS.
WITHOUT, UH, ANY FUTURE AGENDA ITEMS, I ADJOURN THIS MEETING AT 7:22 PM THANK YOU ALL.