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[CALL TO ORDER]

[00:00:05]

A QUORUM PRESENT WITHIN COUNCIL CHAMBERS.

I NOW CALL THIS MEETING OF THE PLANNING COMMISSION TO ORDER AT 6:00 PM VIRTUAL COMMISSIONERS.

PLEASE COME ONLINE.

FIRST, LET'S TAKE ROLE.

PLEASE LET US KNOW YOU'RE HERE WHEN I CALL YOUR NAME, CHAIR WOODS HERE.

VICE CHAIR HANEY IS ABSENT THIS EVENING.

COMMISSIONER MAXWELL HERE, COMMISSIONER AHMED HERE.

COMMISSIONER LAN IS ABSENT THIS EVENING.

COMMISSIONER HOWARD IS ABSENT THIS EVENING.

COMMISSIONER BARRERA RAMIREZ.

I'LL CIRCLE BACK.

COMMISSIONER BEDROSIAN IS NOT ON BOARD YET, AND I BELIEVE WE HAVE COMMISSIONER ANDERSON AS A HOLDOVER FOR DISTRICT FOUR HERE.

COMMISSIONER POWELL? HERE.

COMMISSIONER BRETTON.

HERE.

COMMISSIONER SKIDMORE.

HERE.

COMMISSIONER HILLER HERE.

THANK YOU.

AS USUAL, TONIGHT'S MEETING WILL BE HYBRID ALLOWING FOR A VIRTUAL QUORUM AS LONG AS THE COMMISSIONER SERVING AS CHAIR IS PRESENT IN CHAMBERS.

THEREFORE, WE HAVE COMMISSIONERS HERE AT CITY HALL AND IN ATTENDANCE VIRTUALLY SIMILARLY, SPEAKERS CAN PRESENT HERE FROM COUNCIL 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.

PLEASE REMAIN MUTED WHEN YOU'RE NOT SPEAKING AND RAISE YOUR HAND TO BE RECOGNIZED.

AND IF I DON'T SEE YOU, PLEASE FEEL FREE TO UNMUTE AND LET ME KNOW VERBALLY.

COMMISSIONER BARRERA RAMIREZ, CAN YOU LET US KNOW THAT YOU'RE HERE? I'M HERE.

CAN YOU HEAR ME? THANK YOU.

UM, WE MIGHT BE HAVING A LITTLE BIT OF TROUBLE WITH YOUR AUDIO.

OH, YOU CAN'T HEAR ME? WE'RE NOT HEARING YOU.

I'LL, I'LL COME BACK TO YOU.

IF YOU ARE A MEMBER OF THE PUBLIC SIGNED UP TO SPEAK, YOU SHOULD RECEIVE AN EMAIL BEFORE WE TAKE UP YOUR ITEM AND WE WILL HAVE ASSISTANCE FROM MS. BROWN IN ANNOUNCING THE SPEAKER.

IS DURING OUR PUBLIC HEARING, MS. BROWN, DO WE HAVE ANYONE SIGNED UP TO SPEAK DURING PUBLIC COMMUNICATION? NO.

CHAIR.

WE DO NOT.

THANK YOU.

THE FIRST ITEM ON THE

[ Consent Agenda]

CONSENT AGENDA IS THE APPROVAL OF MINUTES FROM THE SEPTEMBER 9TH MEETING.

DOES ANYONE HAVE ANY EDITS TO THOSE MINUTES? OKAY, HEARING NONE THOSE MINUTES WILL BE ADDED TO THE CONSENT AGENDA AND CHAIR.

UM, WE ALSO HAVE THE 8 6 8 26 REVISED AS WELL.

THANK YOU.

SO WE WILL BE INCLUDING OUR MINUTES FROM THE SEPTEMBER 9TH AND THE AUGUST 26TH MEETINGS.

ANY EDITS TO EITHER OF THOSE MEETING MINUTES? OKAY, SEEING NONE, BOTH OF THOSE MINUTES WILL BE ADDED TO THE CONSENT AGENDA.

THANK YOU MS. BROWN.

OUR FIRST ACTIVITY TONIGHT IS TO VOTE ON THE CONSENT AGENDA.

ITEMS THAT ARE CONSENT APPROVAL, DISAPPROVAL, POSTPONEMENTS OF PUBLIC HEARINGS OR NON-DISCUSSION ITEMS. COMMISSIONER MAXWELL WILL READ THE PROPOSED CONSENT AGENDA AND SPECIFY THOSE THAT ARE CONSENT POSTPONEMENT AND NON-DISCUSSION.

AFTER THIS COMMISSIONERS, YOU'LL HAVE THE OPPORTUNITY TO REQUEST ANY CONSENT ITEMS BE PULLED FOR DISCUSSION.

COMMISSIONER MAXWELL, COULD YOU READ THE CONSENT AGENDA FOR US PLEASE? HAPPY TO HELP CHAIR.

ALL RIGHT THIS EVENING.

ITEM NUMBER TWO IS PLAN AMENDMENT NPA 2 0 2 4 0 0 1 6 0.05 SHADY LIEN DISTRICT THREE.

THAT IS APPLICANT POSTPONEMENT TO OCTOBER 28TH.

ITEM NUMBER THREE IS A REZONING C 14 2 2 5 5 SHADY LANE, DISTRICT THREE, AND THAT'S APPLICANT POSTPONEMENT TO OCTOBER 28TH.

ITEM FOUR IS A PLAN AMENDMENT NPA 20 25 0 1 6 1, UH, P AND P 0.72, DISTRICT THREE, THAT'S APPLICANT POSTPONEMENT TO OCTOBER 28TH.

ITEM NUMBER FIVE IS A REZONING C 14 20 25 0 0 3 P AND P 0.72, DISTRICT THREE, AND THAT'S APPLICANT POSTPONEMENT TO OCTOBER 28TH.

ITEM NUMBER SIX IS A PLAN AMENDMENT EAST 11TH AND 12TH STREET, URBAN RENEWAL AREA MODIFICATION NUMBER 13 EAST 11TH AND 12TH STREET, URBAN RENEWAL PLAN AMENDMENT DISTRICT ONE.

THAT'S UP FOR DISCUSSION.

ITEM NUMBER SEVEN IS A REZONING C 14 20 24 0 0 3 0 12 0 1 EAST 11TH STREET DISTRICT ONE THAT IS ALSO UP FOR DISCUSSION.

ITEM NUMBER EIGHT IS A REZONING C 14 20 25 0 0 5 3 DUVAL HARRIS RESIDENTIAL DISTRICT NINE, AND IT'S ALSO A DISCUSSION ITEM NUMBER NINE IS C 14 20 25 0 4 6 19 0 4 SAN GABRIEL DISTRICT NINE, AND THAT'S STAFF POSTPONEMENT TO OCTOBER 28TH.

ITEM NUMBER 10 IS REZONING C 14 20 24 0 1 4 6 7 13 17 EAST RIVERSIDE DRIVE, DISTRICT NINE, THAT'S APPLICANT POSTPONEMENT TO OCTOBER 28TH.

ITEM NUMBER 11 IS REZONING C 14 20 24 0 1 4 7 14 0 5 EAST RIVERSIDE DRIVE, DISTRICT NINE, THAT'S APPLICANT POSTPONEMENT TO OCTOBER 28TH.

ITEM NUMBER 12 IS REZONING C 14 20 25 0 7 8 1 0 2

[00:05:04]

OH MCAL PLACE, DISTRICT SEVEN.

THAT'S ON I AND THAT'S ALL OF OUR ITEMS FOR THIS EVENING.

THANK YOU, COMMISSIONER MAXWELL, DO ANY COMMISSIONERS NEED TO RECUSE OR ABSTAIN FROM ITEMS ON THE AGENDA? OKAY, MS. BROWN, DO WE HAVE ANY SPEAKERS SIGNED UP ON ANY OF THE CONSENT AGENDA ITEMS? NO CHAIR.

WE DO NOT.

THANK YOU.

DO ANY COMMISSIONERS WANT TO PULL ANY OF THE CONSENT AGENDA ITEMS FOR DISCUSSION OR OTHERWISE HAVE QUESTIONS ON THE CONSENT AGENDA? OKAY.

SEEING NONE, IS THERE A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONSENT AGENDA AND APPROVE THE MINUTES FROM OUR LAST MEETING? I HAVE A MOTION FROM COMMISSIONER AHMED SECONDED BY COMMISSIONER MAXWELL.

WITHOUT OBJECTION, THAT ITEM PASSES AND THIS CONCLUDES THE CONSENT AGENDA.

LET'S MOVE ON TO OUR FIRST PUBLIC HEARING

[Items 6 & 7]

CASE.

SO WE'LL BE TAKING UP ITEM SIX AND SEVEN TOGETHER, AND FIRST WE WILL HEAR FROM STAFF.

HI, UH, HUNTER MAPLES, HOUSING DEPARTMENT AND STAFF LIAISON FOR THE URBAN RENEWAL BOARD.

UM, I'M HERE TO INTRODUCE, UH, ITEM SIX, PLAN AMENDMENT EAST 11TH AND 12TH STREET, URBAN RENEWAL AREA MODIFICATION NUMBER 13 EAST 11TH AND 12TH STREET, URBAN RENEWAL PLAN AMENDMENT DISTRICT ONE.

UH, THE LOCATION FOR THIS AMENDMENT IS 1201 EAST 11TH STREET, UH, AND THE REQUEST IS TO AMEND ORDINANCE NUMBER 2 0 2 2 0 7 2 8 DASH 1 63, WHICH AMENDED THE EAST 11TH STREET NEIGHBORHOOD.

CONS CONSERVATION COMBINING DISTRICT TO CONDITIONALLY ALLOW A COCKTAIL LOUNGE USE ON 12 ONE EAST 11TH STREET, AUSTIN, TEXAS 7 8 7 0 2.

UM, THIS IS, UH, THIS AMENDMENT IS NOT RECOMMENDED BY STAFF.

THANK YOU JONATHAN TOMKO WITH THE PLANNING DEPARTMENT.

ITEM NUMBER SEVEN IS CASE NUMBER C 14 DASH 2 2 5 DASH ZERO THREE.

IT IS A REZONING OF 1201 EAST 11TH STREET FROM CS ONE N-C-C-D-N-P AND SF THREE N-C-C-D-N-P TO CS ONE N-C-C-D-P AND SF THREE NCCD NP WITH A CHANGE TO A CONDITION OF ZONING TO CONDITIONALLY ALLOW A COCKTAIL LOUNGE USE WITHIN THE SUBJECT TRACK.

UH, THIS WAS A PLANNING CON, UH, COMMISSION INITIATED, UH, REZONING REQUEST.

SO, UH, AS A REMINDER OF THE, I AM SPEAKING FOR BOTH THE CITY AND THE CITY AS THE APPLICANT ON THIS CASE.

UM, THE SUBJECT TRACT IS APPROXIMATELY 8,832 SQUARE FEET AND CURRENTLY CONTAINS A CAR WASH.

AND, UH, THE REQUEST IS TO DEVELOP A, A COCKTAIL LOUNGE.

UM, THE NEIGHBORHOOD CONSERVATION COMBINING DISTRICT WAS UPDATED BEGINNING IN APRIL OF 2020 WITH A COUNCIL ADOPTED RESOLUTION, UM, THAT ULTIMATELY CULMINATED WITH IN JULY OF 2022 WITH COUNCIL APPROVING AN ORDINANCE THAT, UH, MADE AMENDMENTS.

UM, COUNCIL APPROVED ONE OF THREE DRAFT VERSIONS OF THE ORDINANCE AND THAT ORDINANCE ONLY PERMITTED A COCKTAIL LOUNGE USE ON PROPERTIES ALREADY OPERATING A COCKTAIL LOUNGE ON EAST 11TH STREET AND ON BLOCK 16 AND 18, UH, CONCURRENTLY, UH, THERE WAS AN UPDATE TO THE URBAN RENEWAL PLAN BEGINNING IN JANUARY OF 2021 WITH THE URBAN RENEWAL BOARD RECOMMENDING A MODIFICATION OF THE URBAN RENEWAL PLAN, UM, ON EAST AND 11TH, UH, 11TH AND 12TH STREETS, UH, THAT CULMINATED IN SEPTEMBER OF 2022 WITH COUNSEL APPROVING AN ORDINANCE, UH, TO MODIFY THAT URBAN RENEWAL PLAN TO ALIGN IT WITH PROPOSED AMENDMENTS FOR EAST 11TH AND 12TH STREET THROUGH THE NCCD STAFF.

DOES NOT RECOMMEND THE CHANGE AS REQUESTED AS IT WOULD BE REVERSING COUNCIL DECISION FROM LESS THAN THREE YEARS AGO.

THERE'S NOT BEEN A SUBSTANTIAL CHANGE TO THE AREA SINCE THE RESTRICTIONS ON THE PROPERTY WERE ENACTED BY CITY COUNCIL IN 2022.

I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.

THANK YOU, MR. TOMKO.

NOW WE WILL HEAR FROM THOSE IN FAVOR.

MS. BROWN, WILL YOU PLEASE MC THE PUBLIC HEARING AND ANNOUNCE SPEAKERS AND WHEN THEIR SPEAKER'S TIME HAS ENDED? YES, CHAIR.

SO OUR F SO OUR FIRST SPEAKER IS PAUL STABLES, WHO'S THE PROPERTY OWNER AS WELL AS THE PRIMARY SPEAKER.

PAUL, YOU'LL HAVE FIVE MINUTES.

GOOD AFTERNOON COMMISSIONERS.

MY NAME IS PAUL STABLES AND I'M THE PROPERTY OWNER AT 1201 EAST 11TH STREET, AUSTIN, TEXAS 7 8 7 0 2.

THIS CASE

[00:10:01]

BEGAN 493 DAYS AGO IN EARLY MAY OF 24, AND IS ONLY ABOUT RESTORING MY PROPERTY PROPERTY ENTITLEMENTS FOR CONDITIONAL USE FOR A COCKTAIL LOUNGE.

IN OTHER WORDS, IT'S NOT ABOUT HAVING AN AN ACTUAL COCKTAIL LOUNGE.

THAT'S A SEPARATE PROCESS UNDER A CONDITIONAL USE APPLICATION THAT MAY EVENTUATE AFTER I HAVE MY ZONING BACK.

THE USE WAS, WAS REMOVED IN JULY OF 2022 UNDER ORDINANCE 2 0 2 2 0 7 2 8 DASH 1 63 AT WHI AT WHICH TIME, UH, THAT CONDITIONAL USE FOR COCKTAIL LOUNGE WAS REMOVED FROM EVERYBODY ON EAST 11TH STREET AND GIVEN EXCLUSIVELY TO BLOCK 16 AND 18, WHICH IS THE UPCOMING AFFORDABLE HOUSING AND MIXED USE PROJECT.

IN THIS CASE, YOU'LL READ AND HEAR THE WORDS INTENDED INTENT OR INTENTION AND INTERPRETED INTERPRET AND INTERPRETATION.

CITY STAFF DURING THE REZONING INVESTIGATION DETERMINED THAT TWO CRITERIA IN THIS ORDINANCE NEED TO BE DEFINED.

WHAT WAS THE INTERPRETATION OF THE LANGUAGE USED IN THE ORDINANCE AND ALSO WHAT THE COUNCIL'S INTENTION WAS, MEANING? DID COUNSEL INTEND TO REMOVE MY PROPERTY RIGHTS AND GIVE THOSE PROPERTY RIGHTS EXCLUSIVELY TO BLOCK 16 AND 18? AND DOES THAT LANGUAGE IN THE ORDINANCE SAY THAT IN THE, IN THE END CITY STAFF DETERMINED THAT THE CITY COUNCIL INTENDED TO REMOVE MY PROPERTY RIGHTS AND GIVE IT TO BLOCK 16, 16 AND 18 AND IS NOT, AND, AND IS NOT RECOMMENDING RESTORING MY LAND RIGHTS.

LAST YEAR, THE URBAN RENEWAL BOARD VOTED TO RESTORE MY LAND RIGHTS, WHICH BROUGHT ME BEFORE THE PLANNING COMMISSION EARLIER THIS YEAR.

THE PLANNING COMMISSION THEN INITIATED THE REZONING ON MY BEHALF AT THE LAST URBAN RENEWAL OR AT THE LAST URBAN RENEWAL MEETING.

UH, AND A YEAR LATER, THE URBAN RENEWAL BOARD THEN VOTED TO ABSTAIN RETURNING MY LAND RIGHTS.

THE REASONS FOR THE REMOVAL IN THE EYES OF THE URBAN RENEWAL.

URBAN RENEWAL BOARD WAS A RESULT OF A DELIBERATE PROCESS OCCURRING AFTER THE URBAN REMU URBAN RENEWAL BOARD MADE ITS RECOMMENDATIONS.

SO WHEN WE STARTED THIS APPLICATION, UM, LAST YEAR, IT WAS INITIATED BY THE PLANNING COMMISSION TO HAVE CITY STAFF DO THE REZONING.

UH, THE URBAN RENEWAL BOARD SUPPORTED THE PROCESS, BUT NOW AFTER THE CITY STAFF DID THEIR INVESTIGATION AND DETERMINED THAT CITY COUNCIL INTENDED TO REMOVE MY PROPERTY RIGHTS AND GIVE EXCLUSIVELY TO BLOCK 16 AND 18, UM, THEY REVERSED THEIR DECISION AND BASICALLY BECAUSE THEY HAD NOTHING TO DO WITH THE LANGUAGE IN THAT, UM, ORDINANCE.

UM, ON THE SCREEN, YOU CAN SEE, UM, AS FAR AS THE INTERPRETATION OF THIS ORDINANCE, UM, THERE'S A NUMBER OF DIFFERENT WAYS YOU CAN INTERPRET THIS ORDINANCE.

UH, ONE IS THAT, UM, UH, COCKTAIL LOUNGE WAS ALLOWED ON BLOCK 16 AND 18 AND CONDITIONAL ON EVERYWHERE ELSE ON EAST 11TH STREET.

THE CITY HAS SINCE DETERMINED THAT THE COCKTAIL LOUNGES ARE CONDITIONALLY ALLOWED ONLY ON BLOCK 16 AND 18, WHICH IS THE, UH, AFFORDABLE HOUSING MIXED USE DEVELOPMENT.

UM, FURTHERMORE, UH, THAT'S CONFIRMED BY ERIC, UH, THOMAS AT THE CITY, UM, WHICH I EMAILED AND HE REPLIED WITH WHEN I SAID, UH, ACTUALLY THERE'S A SLIDES ONE THERE.

THE, THE, UH, IT'S ANOTHER DOCUMENT.

IT SAYS THE THREE SLIDES.

IT'S PART OF THE STAFF REPORT, I THINK, OR IT JUST SAYS THREE SLIDES, UR BS.

UH, YEAH.

OKAY.

IF WE GO DOWN AND KEEP GOING DOWN TO THE MOTIONS THERE.

GOT THAT ONE MYSELF.

UH, CUTTING THE NEXT ONE DOWN.

KEEP GOING, KEEP GOING.

THERE SHOULD BE A, YEAH.

UH, THIS WAS THE MOTION SHEET BROUGHT FORWARD BY NATASHA

[00:15:01]

HARPER MADISON AND MAKE IN THERE IN RED, YOU SEE, MAKE THE FOLLOWING CONDITIONAL.

USES COCKTAIL LOUNGES MAKE CO AND THEN MAKE COCKTAIL LOUNGES PERMITTED ON PERMITTED USE ON BLOCKS 900 1100 OR BLOCK 16 AND 18.

FROM THAT MOTION SHEET, UM, THE LANGUAGE THEN CHANGED AGAIN.

UM, NO ONE KNOWS WHO OR WHY TO THE LANGUAGE THAT WE SEE TODAY, WHICH IS THE, UH, CONDITIONAL USE FOUR BLOCK 16 AND 18 ONLY.

THAT WAS FURTHER CONFIRMED BY ERIC THOMAS.

UM, IN A LATER EMAIL, UM, I REPLIED TO HIM ON THE UNDERSTANDING THAT, UM, TO CLARIFY MY RESPONSE, I'M ABLE TO CONFIRM STAFF'S INTERPRETATION, BUT I CANNOT SPEAK FOR CITY COUNCIL.

THE STAFF WILL INCLUDE THE BASIS STAFF'S RECOMMENDATION AND WILL BE AVAILABLE TO THE PUBLIC FOR COUNT.

THANK YOU.

WE'RE AT TIME.

THAT'S GOOD.

OKAY.

WE'LL NOW BE SWITCHING OVER TO SPEAKERS IN OPPOSITION.

THE FIRST SPEAKER IN OPPOSITION IS MICHAEL GUDO, WHO IS THE PRIMARY SPEAKER? MICHAEL, YOU'LL HAVE FIVE MINUTES.

OKAY.

THE NEXT SPEAKER IS FRANCOIS LEVY, WHO IS JOINING US VIRTUALLY.

FRANCOIS, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR COMMENTS.

YOU'LL HAVE THREE MINUTES.

LET ME SEE HIM.

GOOD EVENING.

MY NAME IS FRANCOIS LUBY AND MY WIFE JULIE AND I ARE 20 PLUS YEAR HOMEOWNERS AND RESIDENCE AT 1001 LYDIA STREET.

OUR PROPERTY LINE IS WITHIN A HUNDRED FEET OF 1201 EAST 11TH.

AS YOU'VE HEARD, THE OWNER OF THE LADDER HAS REQUESTED THAT A COCKTAIL LOUNGE USE BE PERMITTED ON THE PROPERTY.

AND I'M HERE TODAY TO ADD MY VOICE TO OUR NEIGHBORS AND EXPRESS STRONG OPPOSITION TO ANY SUCH MEASURE.

OVER THE PAST QUARTER CENTURY, THE RESIDENTS, PROPERTY OWNERS, CHURCHES, AND CIVIC ORGANIZATIONS OF OUR NEIGHBORHOOD HAVE MADE IT VERY CLEAR DURING MANY COMMUNITY INPUT MEETINGS REGARDING EAST 11TH STREET THAT WE DO NOT NEED, NOR WANT ANY MORE COCKTAIL LOUNGES AS A RESULT OF THAT INPUT.

THE URBAN RENEWAL PLAN OF 1999 EXCLUDED COCKTAIL LOUNGES AS A PERMITTED USE EVEN FOR THOSE PROPERTIES THAT WERE ZONED FOR IT.

IN 2021, THE URBAN RENEWAL BOARD LISTENED AND AGAIN RECOMMENDED PROHIBITING COCKTAIL LOUNGES EXCEPT WHERE THEY HISTORICALLY EXISTED OR AS AN ACCESSORY USE TO A HOTEL.

WHILE ACCORDING TO ZONING, A COCKTAIL LOUNGE MAY BE A CONDITIONAL USE.

AT 12 ONE EAST 11TH, THE URBAN RENEWAL PLAN TAKES PRECEDENCE OVER ZONING.

THE PLAN WAS ALREADY IN EFFECT WHEN THE CURRENT OWNER PURCHASED 1201 EAST 11TH IN OCTOBER, 2021.

AND WHEN THE PLAN WAS UPDATED IN 2022, THE OWNER DID NOT OBJECT.

THERE ARE ALREADY NUMEROUS PLACES CURRENTLY SELLING ALCOHOL ALONG EAST 11TH STREET BETWEEN IH 35 AND THE STATE CEMETERY FRANKLIN'S ELECTRIC GRAVY VINTAGE, OLD THOUSAND RADIO CITY, QUICKIE PICKY PAPERBOY, HILLSIDE PHARMACY LOUDMOUTH.

IN ADDITION, THERE ARE TWO HISTORIC BARS IN A LIQUOR STORE ON THOSE FEW BLOCKS, ALL THREE OF WHICH PREDATED THE URBAN RENEWAL PLAN.

BARS DO NOT BELONG NEXT TO FAMILY, HOME, AND HISTORIC COMMUNITY CHURCHES.

WE AND OUR NEIGHBORS SHOULD NOT HAVE TO KEEP FIGHTING THE SAME BATTLE AGAIN AND AGAIN.

MOREOVER, ALLOWING THIS EXCEPTION WOULD OPEN A PANDORA'S BOX AND EVERY PROPERTY'S OWN CS ON EAST 11TH WOULD DEMAND THE SAME CONSIDERATION.

I HOPE YOU'LL LISTEN TO OUR NEIGHBORHOOD.

WE DO NOT WANT NOR NEED ANOTHER BAR IN OUR MIDST.

PLEASE DENY THE APPLICANT'S REQUEST TO CHANGE WHAT HAS ALREADY BEEN ESTABLISHED.

THANK YOU.

OKAY, THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS ELSA RIVERA.

ALSO, YOU HAVE THREE MINUTES.

IT'S GOOD EVENING.

MY NAME IS ELSA RIVERA AND I AM THE CHAIR OF THE PASTORAL COUNCIL AT OUR LADY OF GUADALUPE CATHOLIC CHURCH AND A LEADER WITH CENTRAL TEXAS INTERFAITH.

THE PROPOSAL LOCATION FOR THE BAR IS JUST A COUPLE OF BLOCKS AWAY FROM OUR CHURCH AND OUR PASTOR'S RESIDENTS.

OUR PARISH COMMUNITY IS MADE UP OF GENERATIONS OF FAMILIES AS WELL AS OTHERS WHO HAVE BEEN PART OF THE COMMUNITY FOR OVER 10 YEARS.

SOME FAMILIES STILL LIVE IN THE NEIGHBORHOOD WHILE OTHERS TRAVEL LONG DISTANCES TO ATTEND MASS.

WHAT UNITES US IS OUR SHARED COMMITMENT IN FAITH, FAMILY, AND WELLBEING OF THE NEIGHBORHOOD.

WE ARE OPPOSED TO THE PROPOSED REZONING OF THE PROPERTY ON 1201 EAST 11TH STREET FOR A MULTITUDE OF REASONS, BUT THE MAIN ONE IS SAFETY.

IN 2023, WE HAD A DRUNK DRIVER CRASH INTO THE WHEELCHAIR RAMP OF THE CHURCH.

HAD IT NOT BEEN FOR A STATUE, THIS VEHICLE COULD HAVE HIT THE BUILDING.

WE WERE FORTUNATE

[00:20:01]

THAT THIS HAPPENED AT NIGHT AND NONE OF OUR PARISHIONERS WERE THERE.

OUR LADY OF GUADALUPE IS A VIBRANT CHURCH COMMUNITY WITH DAILY ACTIVITIES AND CHURCH SERVICES.

IT IS OUR HOME BARS DO NOT BELONG NEXT TO OUR CHURCH HOMES OR FAMILY HOMES.

OUR CHILDREN PLAY HERE.

THERE ARE ALREADY TOO MANY BARS LINING THE STREETS ALONG EAST 11TH STREET.

THIS HAS ALREADY CAUSED MORE TRAFFIC CONGESTION AND CONTINUES TO BE A SAFETY RISK FOR OUR MEMBERS.

WE ENVISION WHAT THIS COCKTAIL LOUNGE WILL BRING TO THE NEIGHBORHOOD BECAUSE WE'VE SEEN IT BEFORE.

INCREASED TRAFFIC OUTSIDE OUR NORMAL TRAFFIC PATTERNS, INCREASED ACTS OF VANDALISM AND VIOLENCE, ACTS OF PUBLIC INDECENCY.

THIS IS A HISTORIC AREA OF AUSTIN THAT IS HOME TO PEOPLE AND COMMUNITIES THAT HAVE EITHER HUNG ON AGAINST AT ALL ODDS TO REMAIN OR HAVE ARRIVED IN THE RECENT YEARS TO ENJOY THE OPPORTUNITIES PRESENTED BY THE AREA.

WE ARE GOOD NEIGHBORS TO EACH OTHER AND TO THE BUSINESSES IN THE AREA AS WELL.

THIS IS BECAUSE WE HAVE BE BEEN VIGILANT ABOUT STRIKING A BALANCE BETWEEN COMMERCE AND COMMUNITY.

THIS BAR UPSETS THAT BALANCE.

OVER THE PAST 25 YEARS, WE HAVE ALL COME TOGETHER FROM OUR LADY OF GUADALUPE, ALONG WITH EBENEZER BAPTIST CHURCH AND OTHER CHURCHES IN THE NEIGHBORHOOD, RESIDENTS, PROPERTY OWNERS, AND OTHER CIVIC ORGANIZATIONS IN THE AREA.

THIS IS WHY THE URBAN RENEWAL BOARD, UH, PLAN OF THE 1999 DID NOT INCLUDE COCKTAIL LOUNGES AS A PERMITTED USE, NOT EVEN WHEN IT EXISTED.

AND AS YOU KNOW, IT'S CHANGED OVER THE YEARS AND EVERY TIME THIS CONTINUES TO HAPPEN, THE REZONING OF THESE PROPERTIES, UM, KEEP COMING UP AND WE KEEP COMING BACK TO FIGHT IT.

PEOPLE COME TO OUR LADY OF GUADALUPE BECAUSE THEY RECOGNIZE THE NAME AND COME FROM LONG DISTANCES TO COME HERE.

OUR CHURCH HAS BEEN PART OF THIS COMMUNITY FOR ALMOST 120 YEARS, AND EBENEZER HAS BEEN THERE FOR OVER 150 YEARS.

AUSTIN HAS NO SHORTAGE OF NEW PLACES TO ENGAGE IN ENTERTAINMENT, BUT IS RAPIDLY LOSING OUR LEGACY INSTITUTIONS AND MEETING POINTS FOR OUR DIVERSE COMMUNITY.

WE ARE KEENLY AWARE THAT ONCE THIS BAR HAS BEEN ESTABLISHED, REGARDLESS OF WHO HOLDS IT OR FOR HOW LONG, IT WILL BE ANOTHER LOCATION THAT INTRODUCES ALCOHOL INTO THE NEIGHBORHOOD.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS SUE GAAL, WHO IS JOINING US VIRTUALLY.

SUE, PLEASE PRESS STAR SIX AND PROCEED WITH YOUR COMMENTS.

OKAY.

SHE, IF SHE HOPS ON, WE WILL COME BACK TO HER.

OUR NEXT SPEAKER IS FANNIE ACTING BALA.

FANNIE, PLEASE COME UP AND YOU HAVE TWO MINUTES.

GOOD AFTERNOON.

MY NAME IS FANNIE ALALA.

I'M A MEMBER OF THE EBENEZER BAPTIST CHURCH.

I'M ALSO A LEADER WITH CENTRAL TEXAS INTERFAITH AND I'M ALSO THE CHAIR OF THE EBENEZER SOCIAL JUSTICE AND ADVOCACY MINISTRY.

MY INSTITUTION HAS BEEN IN THE NEIGHBORHOOD FOR OVER 150 YEARS NOW.

NEXT DOOR TO OUR BUILDING IS OUR CHILD DEVELOPMENT CENTER.

IT HAS BEEN THERE OVER 73 YEARS.

ACROSS THE STREET FROM THE CHILD DEVELOPMENT CENTER IS OUR SENIOR HOUSING COMPLEX.

THE PROPOSED COCKTAIL COULD BE JUST AROUND THE CORNER FROM THESE FACILITIES AND BACKING HOMES WHERE PARENTS AND THEIR CHILDREN ARE RESIDING AND MOVING THROUGH THE COMMUNITY ON A REGULAR BASIS.

OUR INSTITUTIONS ARE MADE UP OF YOUNG CHILDREN, SENIOR CITIZENS AND VULNERABLE POPULATIONS SUCH AS HOMELESS, WHO ALSO FREQUENT THE AREA.

THERE ARE MANY PLACES OF ENTERTAINMENT ON EAST 11TH STREET, BUT THERE ARE NO, BUT THERE ARE ALSO RESIDENCES, SCHOOLS, AND PUBLIC AREAS.

NO ONE IS SAYING THERE SHOULD NOT BE ENTERTAINMENT IN THE AREA, BUT THERE NEEDS TO BE A BAN THAT RESPECTS THE LIVES AND HAPPINESS OF THE PEOPLE WHO LIVE, WORK, AND PLAY IN THE AREA.

JUST CREATING A NEW SPACE WHERE PEOPLE CAN COME FOR ENTERTAINMENT AND LEAVE FOR THE REST OF THEIR TIME IS NOT FAIR FOR THOSE OF US WHO LIVE AND RESIDE IN THAT AREA.

IF THIS VENUE IS APPROVED, IT WILL INCREASE THE NEED FOR LAW ENFORCEMENT IN THE AREA.

IT WILL INCREASE TRAFFIC AND PARKING PROBLEMS, WHICH ARE ALREADY VERY, VERY DIRE TO US.

THIS IS NOT THE FIRST TIME THAT THIS HAS COME UP IN EVERY INSTANCE, NEIGHBORS HAVE COME TOGETHER TO OPPOSE IT.

OUR MINDS ARE MADE UP.

INSTEAD, WE REMAIN IN SOLIDARITY WITH EACH OTHER TO LET YOU KNOW THAT

[00:25:01]

THIS IS NOT WHAT WE WANT IN OUR COMMUNITY.

EBENEZER GUADALUPE CATHOLIC CHURCH, OUR CHILD DEVELOPMENT CENTER, SENIOR CI CITIZENS AND NEIGHBORS ADJACENT TO THE PROPOSED PROPERTY DESERVE PEACE, QUIET, SAFETY AND PROTECTION FROM POSSIBLE HARM THAT COULD COME WITH THE ADDITION OF ANOTHER ENTERTAINMENT BUSINESS.

WE ARE OPPOSED TO REZONING THE PROPERTY AT 1201 EAST 11TH STREET.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS ENRIQUE S ENRIQUE.

YOU'LL HAVE TWO MINUTES.

GOOD AFTERNOON.

GOOD AFTERNOON.

MY NAME IS ENRIQUE SZ.

I AM ALSO A MEMBER OF OUR LADY OF GUADALUPE CATHOLIC CHURCH.

I'M ON THE SOCIAL JUSTICE MINISTRY THERE.

UH, I WOULD JUST LIKE TO REITERATE WHAT THE PREVIOUS THREE SPEAKERS HAVE SAID.

THEY KIND OF STOLE MY THUNDER, SO IN THE INTEREST OF TIME, I WILL JUST SAY THAT WE ARE OPPOSED.

THANK YOU.

AND JUST CHECKING TO SEE IF MICHAEL GUDO IS HERE.

OKAY.

AND MICHAEL, YOU'LL HAVE FIVE MINUTES.

AFTERNOON.

UH, MY NAME IS, UH, MICHAEL .

I'M A ALSO A, UH, MEMBER OF THE, UH, LADY OF WAPA CATHOLIC CHURCH HERE IN AUSTIN.

THE, UH, AFFECTED AREA.

I'M ALSO A RESIDENT IN THE 1100 BLOCK OF EAST EIGHTH STREET, WHICH IS THREE BLOCKS SOUTH OF THE, UH, PROPOSED, UH, BUSINESS, WHICH IS BEING REQUESTED FOR REZONING, UH, HAS BEEN SAID BEFORE.

I'LL KEEP IT SHORT.

UH, A BUSINESS LIKE THIS IS GOING TO AFFECT US, UH, IN A VERY NEGATIVE WAY.

UH, HAVE FOUR STREETS.

NORTH, SOUTH SAN MARCUS, UH, WALLER, LYDIA AND NAVASOTA STREETS ARE ALL, UH, DUE SOUTH OF THIS PROPOSED BUSINESS.

THEY'RE ALREADY, UH, INUNDATED WITH PARKING AFTER HOURS ON WEEKENDS, NOISE, UH, TRASH.

UH, AGAIN, SAFETY IS AN ISSUE.

UH, WE FEEL THAT THE, UH, A BUSINESS LIKE THIS IS GONNA ONLY IS GONNA AFFECT US VERY NEGATIVELY FROM A SAFETY AND SECURITY STANDPOINT FOR OUR NEIGHBORS, ESPECIALLY THOSE WHO LIVE ON EAST 10TH STREET.

UH, THE NEIGHBORHOOD ASSOCIATION THIS PAST, UH, SEPTEMBER 13TH, VOTED MET AND VOTED TO OPPOSE, UH, THIS BUSINESS.

AND WE HOPE THAT THE, UH, COMMISSION WILL CONSIDER ALL THE NEGATIVES, UH, WE BROUGHT TO THE, UH, THE PARTY, UH, REGARDING THIS BUSINESS AND THAT YOU DECLINE THE REZONING EFFORT.

THANK YOU.

AND CHAIR, THIS CONCLUDES SPEAKERS ON THIS ITEM.

THANK YOU, MS. BROWN.

WE WILL NOT HAVE AN APPLICANT REBUTTAL ON THIS ITEM.

I DO WANNA RECOGNIZE BOARD OF ADJUSTMENTS.

CHAIR COHEN HAS JOINED US VIRTUALLY.

UM, LET'S GO AHEAD AND TAKE A VOTE TO CLOSE THE PUBLIC HEARING.

I'M LOOKING FOR A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING.

I HAVE A MOTION FROM COMMISSIONER UH, MAXWELL, SECONDED BY COMMISSIONER BRETTON.

WITHOUT OBJECTION, WE'LL GO AHEAD AND CLOSE THE PUBLIC HEARING.

SO LET'S MOVE INTO OUR ROUND ROBIN.

SO WE WILL HAVE SLOTS FOR EIGHT COMMISSIONERS TO ASK QUESTIONS AT FIVE MINUTES EACH.

WHO WOULD LIKE TO START? COMMISSIONER BRETTON.

OKAY.

LET'S SEE.

I'VE GOT QUESTIONS FOR THE APPLICANT AND FOR STAFF.

UH, WILL I, I WILL ASK THE APPLICANT TO COME UP FIRST.

THE CITY OF AUSTIN IS THE APPLICANT TECHNICALLY.

YES.

THANK YOU.

UM, OKAY, SO HERE, HERE ARE MY QUESTIONS.

UM, IT SEEMS THAT THERE IS SOME QUESTION ABOUT INTERPRETATION OF THE LANGUAGE THAT IS CURRENTLY IN THE URBAN RENEWAL PLAN AND THE CODE.

IS THAT CORRECT? SO AS I SAW ON SOME OF THE BACKUP, UH, IT SAYS THAT THE CONDITIONAL OR PERMITTED USES, UH, IT'S CONDITIONAL IN SUBDISTRICT ONE AND IT'S ALLOWED ON BLOCKS 16 AND 18.

CORRECT.

I THINK THE QUESTION HERE IS WHETHER OR NOT IT'S CONDITIONAL ACROSS THE FULL SUBDISTRICT AND DIRECTLY ALLOWED ON THOSE BLOCKS, OR WHETHER IT IS CONDITIONALLY ALLOWED ONLY ON THOSE BLOCKS AND NOT PERMITTED ELSEWHERE IN THE SUBDISTRICT.

IS THAT CORRECT? THAT IS A QUESTION.

UH, , UH, I WILL SAY THAT CITY STAFF DID GO TO THE CITY'S LAW DEPARTMENT TO, AND THEY OF COURSE DRAFTED THE ORDINANCE.

UM, SO THEY WOULD KNOW THE

[00:30:01]

KIND OF INTENTION, UM, AND THAT THEY SPECIFIED THAT IT WAS CONDITIONALLY ALLOWED ON BLOCK 16 AND 18.

SO IT WOULD NOT BE CONDITIONALLY ALLOWED ON THE SUBJECT TRACT IN THIS CASE.

UM, I KNOW THERE WAS SOME EARLIER DOCUMENTATION THAT WAS PROVIDED AND IN BACKUP THAT LED TO, YOU KNOW, OTHERS TO MAYBE DRAW DIFFERENT CONCLUSIONS.

BUT, UH, THERE WERE THREE VERSIONS OF THAT, UH, ORDINANCE IN BACKUP.

AND, UH, THAT WAS THE VERSION THAT WAS MOVED FORWARD BY CITY COUNCIL.

AND THAT WAS THE, UM, AT THE INTENTION WHEN IT WAS DRAFTED, UH, BY THE CITY'S LAW DEPARTMENT.

SO AT THIS POINT IN TIME, UH, YOU KNOW, WITH THIS BEING A COUNCIL INITIATE OR A PLANNING COMMISSION INITIATED CASE PLANNING COMMISSION CAN, UH, YOU KNOW, VOTE TO MOVE THIS CASE AS THEY SEE FIT.

OKAY.

UM, IF I YIELD MY TIME, DO I NOT GET TO COME BACK? I DON'T GET TO COME BACK.

OKAY.

SO I HAVE, UM, ANOTHER QUESTION HERE.

IF WE APPROVED THIS, WOULD THIS ALLOW THE, UH, THE TRACKED AT, UH, 1201 EAST 11TH STREET TO THEN ACTUALLY IMPLEMENT A COCKTAIL LOUNGE USE? OR WOULD THEY THEN HAVE TO, AFTER THIS POSSIBLY WOULD BE ALLOWED, UM, GO FOR A CONDITIONAL USE PERMIT THROUGH AN ADDITIONAL PROCESS? SO THE RE REQUEST BEFORE YOU, WHEN THIS, UH, TRACT WAS ORIGINALLY, UH, WHEN THIS CASE WAS INITIATED, WAS TO, UH, ADD A CONDITIONAL USE TO THE SUBJECT PROPERTY WITH THE CONDITIONAL USE.

YOU WOULD STILL NEED A CONDITIONAL USE PERMIT AND THEY WOULD STILL NEED TO COME BACK AND THERE MAY BE SOME OTHER RESTRICTIONS THAT THEY WOULD HAVE TO ABIDE BY, UH, IN ORDER TO ALLOW THAT USE.

UM, OKAY.

SO THAT'S, THAT'S WHAT'S BEING MOVED FORWARD RIGHT NOW IN TERMS OF THE REQUEST OF THIS CASE.

AM I ALLOWED TO SHARE MY THOUGHTS AT THIS MOMENT OR? WE HAVE TO WAIT UNTIL DISCUSSION? JUST, JUST QUESTIONS AT THE MOMENT.

OKAY.

I'LL, YOU'LL HAVE AN OPPORTUNITY.

I WILL YIELD THE FLOOR.

THANK YOU.

THANK YOU.

ANY OTHER COMMISSIONERS WITH QUESTIONS? YES, COMMISSIONER AHMED.

THE QUESTION FOR CITY STAFF AGAIN.

UM, SO AS YOU RESEARCHED THE, THE COUNCIL ACTION FROM 2022, UH, AND DETERMINED THAT THE, UH, THEIR INTENT WAS TO HAVE A CONDITIONAL PERMIT ONLY ON BLOCK 1618, NOT THE OTHER BLOCKS, WERE YOU ABLE TO UNCOVER ANY RATIONALE, UH, FOR THAT EITHER FROM, UH, YOU KNOW, WHAT, UH, CERTAIN COUNCIL MEMBERS MAY HAVE SAID THERE OR WHATNOT ON WHY THESE TWO BLOCKS AND WHY NOT ON THE OTHER BLOCKS? SO WE, WE WATCHED THE VIDEO, UH, WE SPOKE WITH THE LAW DEPARTMENT.

UH, SOME OF THE COUNCIL MEMBERS ARE NOT CURRENTLY ON COUNCIL, THAT WERE ON COUNCIL AT THAT TIME.

UM, SO TAKING ALL THOSE THINGS IN CONSIDERATION, I THINK THE IDEA WAS TO ALLOW COCKTAIL LOUNGES WHERE THEY WERE CURRENTLY OPERATING ON THE, THE EAST 11TH STREET, UM, TO NOT ALLOW ANY ADDITIONAL AND TO LEAVE THE OPTION OPEN ON BLOCK 16 AND 18, AS THAT IS A, UH, MIXED USE DEVELOPMENT, UH, THAT IS CURRENTLY BEING PURSUED.

I I THINK IT'S PLANNED TO HAVE SOME AFFORDABLE HOUSING AND STREET LEVEL RETAIL.

UM, BUT IN TERMS OF THE LOGIC ON, ON WHY THOSE PARTICULAR PAR PARCELS, UH, WE DID NOT, WERE NOT ABLE TO UNCOVER ANYTHING ABOUT THAT.

THANK YOU.

I YIELD MY TIME.

ANY OTHER COMMISSIONERS WITH QUESTIONS? YES, COMMISSIONER BARRE RAMIREZ.

WE CANNOT HEAR YOU.

, WHO READ YOUR LIPS? COMMISSIONER BARR RAMIREZ.

WE'LL COME BACK TO YOU.

ANY COMMISSIONERS WITH QUESTIONS ON THE COMMISSIONER MAXWELL? UH, YEAH.

THIS QUESTION IS FOR, I'LL START WITH MY QUESTIONS FOR STAFF.

SO, UM, I THINK JUST TO UNDERSTAND, THERE BEEN RENEWAL BOARD SOMEONE MENTIONED HAS PRECEDENCE OVER THE PLANNING COMMISSION.

CAN YOU EXPLAIN SORT OF THEIR ROLE IN ALL OF THIS AND HOW THAT RELATIONSHIP WORKS? SURE.

UH, SO AS YOU CAN SEE IN THE STAFF REPORT, WE OUTLINED, UH, THE UPDATE TO THE NCCD, UH, WHICH WAS INITIATED BY COUNCIL.

UM, AND THE DIRECTION WITH THAT COUNCIL RESOLUTION FROM 2020 WAS TO, UH, MAXIMIZE THE VALUE OF THE URBAN, UH, RENEWAL PLAN, UH, AND INCLUDE ANY ADDITIONAL, UH, AMENDMENTS TO THE NCCD THAT WERE NECESSARY TO SUCCINCTLY AND CLEARLY COMMUNICATE THE PROPERTY OWNER'S ENTITLEMENTS.

UM, WITH THAT, IT WENT THROUGH THAT PROCESS.

IT CAME TO PLANNING COMMISSION IN 2021, UM, AND IT WENT TO COUNCIL AND, AND THEY MADE CHANGES TO ALLOWABLE BUILDING HEIGHTS, FLOOR AREA RATIO MAX MAXIMUM IMPERVIOUS COVER PERMITTED USES AND USES WITH ADDITIONAL CONDITIONS.

UH, AS IT WENT THROUGH THAT PROCESS, CULMINATING

[00:35:01]

IN AN ORDINANCE BEING ADOPTED IN JULY OF 2022, CONCURRENTLY THERE'S AN URBAN RENEWAL PLAN AND THAT WENT, THAT WAS INITIATED BY THE URBAN RENEWAL BOARD IN 2021.

UM, AND THAT, UH, CAME TO PLANNING COMMISSION BACK IN JUNE OF 2021.

UM, IT, UH, IS MORE WITHIN THE PURVIEW OF THE URBAN RENEWAL BOARD AND CAME BACK TO COUNCIL AND THEY MADE THE MODIFICATIONS TO THAT URBAN RENEWAL PLAN TO KIND OF MIRROR THE NCCD.

UM, SO THERE'S TWO DIFFERENT KIND OF SETS OF REGULATIONS THAT WERE BEING SOUGHT TO BE STREAMLINED, BUT ALSO TO MIRROR SOME OF THE RESEARCH THAT HAD RECENTLY BEEN DONE FOR THE AREA.

AND I THINK THERE WERE SOME CONSULTANTS INVOLVED.

UM, AND THAT WAS THE IMPETUS FOR KIND OF MAKING A LOT OF THESE CHANGES.

UM, THIS IS THE, THIS WOULD BE THE 13TH TIME THAT THE PLAN HAS BEEN UPDATED SINCE ITS ADOPTION.

SO IT HAS GONE THROUGH A NUMBER OF CHANGES, UH, OVER TIME.

UM, BUT UP UNTIL THIS TIME, THE 12TH, UH, TIME WAS REALLY TO, UH, MAKE THINGS CLEAR AND TO PROVIDE CONSISTENCY IN TERMS OF THE USES AND ENTITLEMENTS, UH, ALONG THE CORRIDOR OR WITH RESPECT TO THE PREVIOUSLY ADOPTED STUDY, UH, THAT WAS CONDUCTED BY CONSULTANTS.

GREAT.

AND THEN JUST A FOLLOW UP QUESTION.

THE ISSUE HERE IS JUST THE SPECIFIC BAR.

THERE ARE OTHER THINGS, WAYS THAT THIS PROPERTY COULD BE USED AS IT'S JUST THE CONDITIONAL USES AND WHAT'S INCLUDED.

IS THAT CORRECT? YES.

UH, SO THAT WAS WHAT WAS INITIATED BY THE RENEWAL BOARD AND THE PLANNING COMMISSION WAS TO LOOK AT, UH, ADDING A CONDITIONAL USE FOR THIS SUBJECT TRACT TO ALLOW A COCKTAIL LOUNGE, WHICH AS THE CURRENT, UH, ORDINANCE STATES, UH, IS NOT A, UH, CONDITIONAL USE IN THIS PROPERTY.

IT'S A PROHIBITED USE.

SORRY.

AND THEN JUST TO CLARIFY, 'CAUSE I THINK THAT WAS CONCERNED THAT THIS WOULD THEN OPEN THE SAME PROCESS UP TO OTHER PEOPLE WHO ARE NOT IN THAT BLOCK 16 AND 18.

NOW THE CLARIFICATIONS COME THROUGH.

HOW DOES THAT WORK FOR OTHER PROPERTIES NEARBY THAT MIGHT BE INTERESTED IN POTENTIALLY HAVING, ADDING A BAR USE? SO IF PLANNING COMMISSION RECOMMENDED THAT AND, UH, COUNSEL GRANTED THAT THAT USE, UH, THAT WOULD BE A CASE, UH, THAT WOULD BE ON THE RECORD FOR OTHER PROPERTY OWNERS TO, TO LOOK TO OR POINT TO AND SAY, UM, YOU KNOW, IT WAS DONE ON THAT PROPERTY.

UH, YOU KNOW, I'D LIKE TO DO A COCKTAIL LOUNGE AS WELL.

UM, I, I DON'T KNOW IF THAT WOULD BE ENOUGH FOR THAT TO BE RECOMMENDED ON OTHER PARCELS.

UM, I CAN'T SAY WHAT WOULD BE DONE BY COUNCIL OR WHAT WOULD BE RECOMMENDED BY STAFF OR PLANNING COMMISSION AT THAT TIME.

IT'S, IT'S STRICTLY A HYPOTHETICAL OF COURSE.

AND I GUESS MORE TO BE MORE PRECISE, WE, THERE WOULD STILL BE A PROCESS REGARDING ANY OTHER SITE THAT WANTED TO ADD A BAR AS A PART OF THEIR USE E ALONG EAST 11TH.

SO BY PROVING THIS TONIGHT, WE'RE NOT SAY BLANKET UP ZONING ANYTHING OR CHANGING THE CONDITIONAL USE FOR ANY OTHER SUBJECT TRACT.

CORRECT.

THE SCOPE OF THIS REQUEST IS JUST THE SUBJECT TRACT AND NO OTHER TRACKS ON EAST 11TH STREET.

GREAT.

THOSE ARE MY QUESTIONS.

THANK YOU.

THANK YOU.

COMMISSIONER MAXWELL.

COMMISSIONER BREER RAMIREZ, I'M GONNA TRY YOU AGAIN.

NOT WORKING.

OKAY.

I'M SORRY ABOUT THAT.

UM, ANY OTHER COMMISSIONERS WITH QUESTIONS? I'LL JUMP IN AND TAKE A QUESTION SLOT.

MR. TOMKO? I, I JUST WANNA REALLY CONFIRM BECAUSE I THINK THERE'S A FINE DISTINCTION HERE THAT I WANNA MAKE SURE I'M GETTING CORRECT.

SO, IF WE WERE TO APPROVE THIS ZONING CHANGE TONIGHT, I WANNA MAKE SURE THAT WHAT WE'RE DOING AT THE MOMENT IS WE WOULD NOT BE ALLOWING MR. SABLE, I'M SORRY, SABLES, TO OPERATE A COCKTAIL LOUNGE ON THIS SITE.

WE WOULD MERELY BE AL ALLOWING ADDING COCKTAIL LOUNGE AS A CONDITIONAL USE ON THIS SITE.

SO IF HE EVER DID WANNA OPERATE A COCKTAIL LOUNGE ON THE SITE, HE WOULD COME, HAVE TO COME BACK TO US FOR A CONDITIONAL USE PERMIT.

IS THAT CORRECT? THAT IS CORRECT.

OKAY.

AND DOES STAFF HAVE AN OPINION ON THE KIND OF DISTINCTION OF ALLOWING COCKTAIL USE AS A CONDITIONAL USE ON BLOCKS 16 AND 18 AND NOT IN OTHER PLACES? IS THERE A REASON THAT THOSE, THAT ALLOWING COCKTAIL USE ON THOSE BLOCKS WOULD PREVENT SOME OF THE NUISANCE ISSUES THAT THE NEIGHBORHOOD SEEMS TO BE CONCERNED ABOUT IN THE, IN THAT LOCATION SPECIFICALLY? IS THERE A DIFFERENT TRAFFIC PATTERN IN THAT AREA? STAFF DID NOT EVALUATE THAT AS A, WITHIN THE SCOPE OF THIS REQUEST.

OKAY.

THOSE ARE ALL MY QUESTIONS.

FINAL CALL FOR, GOT A FEW SLOTS LEFT.

OKAY.

UM, LET'S TAKE A MOTION.

I'M LOOKING FOR A MOTION IN A SECOND AND THEN WE'LL MOVE INTO DEBATE.

YES, COMMISSIONER AHMED, IF THERE'S NO OTHER MOTIONS, I'LL MAKE A MOTION TO DENY THE APPLICANT REQUEST.

OKAY.

DO WE HAVE A SECOND?

[00:40:03]

YES.

SECONDED BY COMMISSIONER BRIER RAMIREZ.

ALL RIGHT.

COMMISSIONER AHMED, WOULD YOU LIKE TO SPEAK TO YOUR MOTION? I WOULD LOVE TO.

UM, DURING MY TIME ON THE PLANNING COMMISSION, I THINK I'VE CONSISTENTLY TRIED TO PUSH FOR MORE RETAIL IN MAJOR THOROUGHFARES LIKE EAST 12TH.

UM, AND THE REASON IS I'VE ALWAYS BELIEVED THAT THAT RETAIL, UH, ADDS MORE VALUE AT THE END OF THE DAY FOR THE RESIDENTS IN THAT AREA THAN, UH, THAN DETRACTS FROM THOSE RESIDENTS, WHETHER IT'S BARBERSHOPS OR RESTAURANTS OR, UM, YOU KNOW, YOU NAME IT, UH, LAUNDROMATS.

IN THIS PARTICULAR CASE, UH, I THINK THE RESIDENTS HERE HAVE MADE A STRONG CASE THAT THE NEGATIVE EXTERNALITIES FOR THIS PARTICULAR USE CASE, A COCKTAIL LOUNGE, UH, MAY BE GREATER THAN THE POSITIVES THAT COME, THE ENTERTAINMENT, UH, POSITIVES THAT, UH, MAY COME FROM, UH, THIS TYPE OF USE IN THE FUTURE.

ALSO, FROM WHAT IT SEEMED LIKE HEARING WHAT STAFF HAD SAID AFTER THEY HAD DONE RESEARCH ON THIS ISSUE, UH, I GOT THE SENSE THAT WHEN CITY COUNCIL HAD PASSED THIS RESOLUTION IN, UH, 2022, THEY DID IT WITH EXPRESS PURPOSE OF TRYING TO LIMIT THE AMOUNT OF ALCOHOL SALES OR AMOUNT OF COCKTAIL LUNGES IN THIS AREA WITHOUT BEING TOO ONEROUS ON EXISTING BARS THAT WERE THERE OR ON PROPOSED OR CURRENT, UH, UM, MIXED USE DEVELOPMENTS THERE.

AND SO I THINK TO GO ALONG WITH THE INTENT OF WHAT CITY COUNCIL HAD TRIED TO DO THERE AS WELL AS TO, UH, DO WHAT I THINK IS IN, YOU KNOW, THE BEST INTEREST OF THE RESIDENTS THERE.

UH, I WILL ALSO SAY I'M A EAST AUSTIN RESIDENT MYSELF, VERY FAMILIAR WITH EAST 11TH, THAT I DO KNOW THAT THERE'S A LOT OF FAMILIES THERE.

UH, THERE'S SOME GREAT RESTAURANTS THERE, BUT THERE'S ALSO A LOT OF FAMILIES, A LOT OF CHURCHES, UH, I I KNOW ABOUT, I KNOW THAT NEIGHBORHOOD REALLY WELL.

AND I THINK THE CONCERNS THAT YOU HAVE ABOUT ADDED CRIME, UH, AND, UH, DISORDERLY CONDUCT, UM, UH, YOU KNOW, ARE VALID AND THAT'S WHY I OPPOSE THE APPLICANT REQUEST.

THANK YOU.

COMMISSIONER HAMMED.

ANYONE SPEAKING AGAINST THE MOTION? OKAY.

COMMISSIONER BRE RAMIREZ, WOULD YOU LIKE TO SPEAK FOR NO.

OH, SORRY.

.

YES.

COMMISSIONER SKIDMORE.

I WILL GO AHEAD AND SPEAK FOR THE MOTION OF, I'VE BEEN TRYING DELIBERATING AND, YOU KNOW, LOOK, TRYING TO FIGURE OUT MY POSITION ON THIS.

AND I, I COME AT IT FROM A KIND OF SPECIAL PERSPECTIVE.

I SAT ON THE URBAN RENEWAL BOARD DURING THIS PERIOD OF TIME, AND I KNOW THE YEARS WE SPENT TRYING TO CONSOLIDATE ALL OF THESE VERSIONS OF THE URBAN RENEWAL PLAN WITH THE NCC DOCUMENTS.

IT WAS A MINI CODE NEXT FOR 11TH AND 12TH STREET.

AND I, YOU KNOW, I COULD SPEAK GO ON AND ON ABOUT JUST THE BYZANTINE MESS OF TRYING TO RECONCILE ALL OF THOSE DOCUMENTS AND UNDERSTAND WHAT'S PERMITTED, WHAT ISN'T AND OF, BUT WE SLOGGED THROUGH THAT OVER SEVERAL YEARS, QUITE LITERALLY.

AND OF, I BELIEVE IT IS TRUE THAT IN AN OLD VERSION OF THE URBAN RENEWAL PLAN, IT, THERE WAS A TABLE THAT SHOWED IT CONDITIONAL.

AND THIS QUESTION ABOUT COCKTAIL LOUNGES WAS SUBJECT OF TO A LOT OF DEBATE.

AND, YOU KNOW, THE, THE URB ARRIVED AT A POSITION, MOVED IT FORWARD TO PLANNING COMMISSION AND COUNCIL.

AND I DON'T THINK I'M INTERESTED IN REVISITING THAT, AND THAT'S WHY I'M OPPOSING IT.

THANK YOU.

COMMISSIONER SKIDMORE.

ANYONE ELSE SPEAKING AGAINST OR FOR THE MOTION? YES, COMMISSIONER ANDERSON.

BRIEFLY OPPOSED.

I MEAN, EVERY TIME YOU ADD, UH, THE ABILITY TO DO SOMETHING WITH THE FACT THAT IT STILL HAS TO GO THROUGH THE PROCESS OF WHAT IS GONNA BE PROPOSED HERE, YOU KNOW, IS IT A LONG TIME COMMUNITY MEMBER WHO LOOKS TO BRING SOMETHING FORWARD WITH THEIR FAMILY? IN WHICH CASE I THINK THAT'S SOMETHING THAT WE WOULD WANT TO CONSIDER AND I THINK THE COMMUNITY MIGHT WANT TO AS WELL.

SO THE IDEA OF A CONDITIONAL USE PERMIT DOESN'T OFFEND ME.

UH, AND JUST THAT PROCESS, CONSIDERING THERE ARE A LOT OF SAFEGUARDS THERE, IT DOESN'T MEAN SOMEBODY JUST GETS TO TOMORROW BY RIGHT.

OPEN UP ANY KIND OF ESTABLISHMENT THEY WANT.

SO FOR THAT REASON, I'LL BE VOTING NO ON THIS.

THANK YOU.

COMMISSIONER ANDERSON.

ANYONE ELSE LIKE TO SPEAK ON THE MOTION? YES.

COMMISSIONER HILLER, UH, I'LL SPEAK BRIEFLY AGAINST AS WELL.

UM, I TOO HAVE LIVED IN THE NEIGHBORHOOD PREVIOUSLY, UH, NOT IN THE LAST SEVEN YEARS, BUT PRIOR TO THAT I LIVED IN THE NEIGHBORHOOD FOR OVER 10 YEARS.

I'VE WATCHED THAT SPACE BE UNDERUTILIZED FOR THE ENTIRE DURATION OF THAT PERIOD OF TIME.

I DON'T

[00:45:01]

REALLY THINK IT'S THE ROLE OF THE PLANNING COMMISSION TO PICK AND CHOOSE WHAT KIND OF BUSINESSES OPERATE, BUT WHEN A PROPERTY OWNER DOES WISH TO DEVELOP A PROPERTY IN A PARTICULAR DIRECTION THAT APPEARS TO IMPROVE IT, IMPROVE IT FOR THE TAX BASE AND IMPROVE IT FOR AT LEAST SOME MEMBERS OF THE COMMUNITY, I THINK WE SHOULDN'T STAND IN THE WAY OF THAT.

THANK YOU.

COMMISSIONER HILLER.

I HAVE ONE MORE SPOT FOR AND ONE MORE SPOT AGAINST COMMISSIONER POLLER SPEAKING FOR YEAH, I'LL SPEAK FOR THE MOTION.

I THINK THE CRUX OF THIS ISSUE FOR ME WAS, FIRST OFF, IS THERE A GRAY AREA HERE? AND I THINK FROM THE, WHAT WE'VE HEARD FROM WHAT WAS PROVIDED IN THE BACK, BACK UP AND THEN ALSO WHAT'S HAPPENED IN YEARS PRIOR, 20 21, 20 22, TO ME THIS SEEMS LIKE THERE HAS BEEN A CONSENSUS.

IT'S GONE THROUGH THE CITY COUNCIL LEVEL, THE URBAN RENEWAL BOARD, AND TO ME, I, I DON'T FEEL COMFORTABLE CHALLENGING WHAT APPEARS TO BE A PRETTY CLEAR CONSENSUS FROM A FEW DIFFERENT BODIES OF GOVERNMENT.

IT WAS A CLOSE CALL TO TAKE ON THAT, BUT THAT'S JUST KIND OF WHERE I'M SITTING HERE.

IT SEEMS LIKE SOMETHING'S BEEN IN EFFECT FOR A FEW YEARS AND I, I DON'T FEEL THERE'S ENOUGH HERE TO CHALLENGE THAT.

SO SPEAKING FOR THE EMOTION, FOR THE MOTION.

THANK YOU.

COMMISSIONER POWELL, ONE MORE SPOT AGAINST, IF ANYONE WOULD LIKE TO TAKE IT.

YES, COMMISSIONER MAXWELL.

UM, I, I THINK I'M IN AGREEMENT WITH SOME OF MY OTHER COMMISSIONERS WHO ARE SPEAKING AGAINST THIS.

A CONDITIONAL USE PERMIT IS STILL ACTUALLY QUITE A HIGH BAR TO, UM, TO CO TO COVER.

AND I DO FEEL LIKE THAT THIS WAS INITIATED BY THE PLANNING COMMISSION PER REQUEST TO CLARIFY AND THAT LEGAL CLARIFICATION HAS COME THROUGH, BUT AT THE TIME, THE PROPERTY OWNER WAS NOT MADE AWARE OR CERTAINLY THE ACTIONS BY COUNSEL WERE SUBJECT TO SOME CONFUSION.

SO IN THE INTEREST OF BEING EQUITABLE AND FAIR IN THE SENSE OF REALLY MAKING IT AVAILABLE AS AN OPTION TO THIS LANDOWNER, I THINK THAT THAT'S SOMETHING WE HAVE TO STRONGLY CONSIDER.

OKAY.

THANK YOU COMMISSIONER MAXWELL.

LET'S GO AHEAD AND TAKE A VOTE.

THOSE IN FAVOR OF THE MOTION.

SORRY TO INTERRUPT.

UM, JUST FOR OUT OF ABUNDANCE OF CAUTION, ARE YOU SAYING THE MOTION IS TO DENY THE PROPERTY OWNER'S REQUEST TO MAKE THE COCKTAIL LOUNGE AND CONDITIONAL USE? CORRECT.

OKAY, THANK YOU.

AND TO CLARIFY, THIS IS A VOTE ON ITEMS SIX AND SEVEN.

UM, THOSE IN FAVOR OF THE MOTION TO DENY THE PROPERTY OWNER'S REQUEST THOSE OPPOSED AND THOSE ABSTAINING.

SO I HAVE FOUR TO FOUR TO ONE, THAT MOTION FAILS.

LOOKING FOR ANOTHER MOTION, UH, CHAIR, JUST A POINT OF, UM, CLARIFICATION, MAYBE THIS IS FOR STAFF.

IF THERE IS NO RECOMMENDATION, WHAT IS THE ACTION TAKEN? NEXT, JONATHAN TOMKO IS THE PLANNING DEPARTMENT, UH, PLANNING COMMISSION CAN DECIDE TO MOVE FORWARD, UH, NO RECOMMENDATION TO COUNCIL, AND THAT WOULD, YOU KNOW, ALLOW THE CASE TO MOVE FORWARD TO COUNCIL WITHOUT THERE BEING A RECOMMENDATION.

THANK YOU FOR THAT CLARIFICATION.

WOULD THAT ACTION REQUIRE A MOTION AND A VOTE OR WOULD THAT JUST BE AN ABSENCE OF ANY MOTION? THAT WOULD BE THE ABSENCE OF A MOTION.

ALL RIGHT.

SO LAST CALL FOR MOTION .

SEEING NONE, IT LOOKS LIKE THIS ITEM WILL MOVE FORWARD TO COUNCIL WITHOUT A RECOMMENDATION.

THANK YOU TO ALL OF THE SPEAKERS WHO CAME AND SHARED THEIR THOUGHTS ON THIS.

LET'S MOVE ON TO

[8. Rezoning: C14-2025-0053 - Duval Harris Residential; District 9]

ITEM EIGHT.

THIS IS A REZONING AND WE WILL FIRST HEAR FROM STAFF.

GOOD EVENING, COMMISSIONER CYNTHIA HAD WITH THE PLANNING DEPARTMENT, THIS IS ITEM EIGHT ON YOUR AGENDAS KC 14, 20 25 0 0 5 3 DUVAL HARRIS RESIDENTIAL.

THE PROPERTY IS LOCATED ON 33 0 3 AND 33 0 5 DUVAL STREET AND 5 0 1 5 0 5 HARRIS AVENUE.

THE PROPERTY IN QUESTION IS APPROXIMATELY 0.31 ACRES DEVELOPED WITH FIVE RESIDENTIAL UNITS IS ON THE INTERSECTION OF DEVAL STREET AND A SMP LEVEL TWO AND HARRIS AVENUE AND A SMP LEVEL ONE.

AND IT'S CURRENTLY ZONED MF ONE NP.

THE PROPERTY IS IN CENTRAL AUSTIN.

COMBINED NEIGHBORHOOD PLAN IS 0.4 MILES FROM THE DOWNTOWN REGIONAL CENTER AND IS CHARACTERIZED AS RESIDENTIAL WITH SINGLE FAMILY RESIDENCES, TOWNHOMES, DUPLEX, RESIDENTIAL, AND MULTI-FAMILY COMPLEXES IN THE VICINITY.

THE NEIGHBORHOOD INCLUDES SOME PUBLIC ZONING FOR LEE ELEMENTARY SCHOOL, EASTWOOD NEIGHBORHOOD PARK, AND THE HANCOCK RECREATION CENTER.

THE APPLICANT IS REQUESTING A REZONING TO MF THREE NP PER THE APPLICANT.

THE PURPOSE FOR THE REZONING IS TO MAINTAIN THE ABILITY FOR FIVE UNITS AND OR TO PERMIT ADDITIONAL LARGER UNITS TO THE SITE BY DEMOLISHING THE EXISTING REAR RESIDENTIAL STRUCTURE, WHICH CONTAINS THREE UNITS AND CONSTRUCTING FOUR ADDITIONAL UNITS IN ITS PLACE.

THE APPLICANT HAS STATED THAT THE INTENT OF THIS REZONING IS TO REQUE OF THIS REZONING REQUEST IS TO ALLOW FOR SIX

[00:50:01]

UNITS ON THE PROPERTY CONSIDERING THE VARIOUS AVAILABLE MODES OF TRANSPORTATION.

THE PROXIMITY TO THE UNIVERSITY OF TEXAS, THE SURROUNDING ZONINGS, AND A CONDITIONAL OVERLAY WITH A MAXIMUM OF SIX UNITS.

STAFF IS RECOMMENDING MF THREE CONP.

THE ADDITIONAL OF A CONDITIONAL OVERLAY WOULD ALLOW FOR LARGER FAMILY FRIENDLY UNITS WHILE KEEPING THE UNIT COUNT OF THE PROPERTY.

SIMILAR TO THE UNIT ALLOWANCE OF HOME ON TWO SINGLE FAMILY LOTS, THERE ARE SURROUNDING PROPERTIES WITH MULTIFAMILY ZONING IN THE NCCD AND THE ET ET TODD OVERLAY.

THE REZONING SITE IS ONE BLOCK AWAY FROM THE ET.

TODD OVERLAY HAS BIKE LANES AND SIDEWALKS ON BOTH SIDES OF DUVAL STREET, ALONG WITH THE CAPITAL METRO BUS STOP DIRECTLY IN FRONT OF THE PROPERTY.

THE RESIDENTS OF THIS PROPERTY COULD WALK OR BIKE TO THE HANCOCK RECREATION CENTER, EASTWOOD NEIGHBORHOOD PARK, AND THE UT CAMPUS.

I'M AVAILABLE FOR ANY QUESTIONS.

THANK YOU MS. AUDREY.

WE WILL NOW HEAR FROM THOSE SPEAKERS THAT ARE IN FAVOR.

THERE WE GO.

THANK YOU.

ALL RIGHT, SO THIS MAP IN FRONT OF YOU, YOU CAN SEE THERE'S QUITE A BIT OF ORANGE WITH VARYING INTENSITIES OF MULTIFAMILY REPRESENTED BY THAT ORANGE.

WE ALSO RECOGNIZE THAT THERE'S QUITE A BIT OF YELLOW AS WELL.

AND I KNOW MANY OF YOU ARE ALL TOO FAMILIAR WITH THE PUSH AND PULL OF PRESERVATION AND CREATING SPACE FOR EVOLUTION AND GROWTH OF HOUSING IN OUR CITY.

BUT THE REQUEST IS ACTUALLY MORE TRADITIONAL THAN MOST REALIZE.

NEXT SLIDE.

SO THIS IS A LAND USE INVENTORY MAP.

IT'S DIFFERENT FROM A ZONING MAP.

LAND USE INVENTORY IS ACTUALLY HOW THE LAND IS USED, INDEPENDENT OF HOW IT IS ZONED.

AND THIS IS ALSO WHERE YOU CAN FIND SOME NON-COMPLIANCE, UH, BETWEEN ZONING DISTRICTS AND USE.

THERE'S QUITE A VARIETY OF DUPLEXES.

FOUR PLEXES, THREE PLEXES, FOUR PLEXES THAT ARE PEPPERED IN THIS AREA OF THE GOOEY YELLOW CENTER THAT YOU SEE.

AND ALL OF THAT IS TO SAY THAT, UM, YOU KNOW, THOSE WERE PROPERTIES THAT PRIOR TO RECENT AMENDMENTS TO OUR LAND DEVELOPMENT CODE WERE ALSO NON-COMPLIANT.

UM, BUT I WANNA HIGHLIGHT THAT THIS AREA NORTH OF THE UNIVERSITY HAS BEEN MORE HOMOGENOUS THAN NOT FOR THE PAST SEVERAL DECADES, IN THAT IT'S GOT A LOT OF CHARACTER AND PROPERTIES THAT HAVE MULTIPLE UNITS, SOME ONE UNIT, SOME TWO, SOME APARTMENTS, UH, OR A DU STRUCTURES.

IT'S GOT A LOT OF CHARACTER AND DEVELOPMENT AS A RESULT OF THE MF THREE ZONING CHANGE WILL BE IN KEEPING WITH THAT CHARACTER WHILE ALLOWING INCREMENTAL GROWTH OPPORTUNITIES AS INFILL HOUSING.

NEW MORE.

NEXT SLIDE.

SO THIS IS A MAP SHOWING THE PROXIMITY OF THE PROPERTY TO IMAGINE AUSTIN ELEMENTS CAPITAL METRO, UH, BUS SERVICE, AS WELL AS THE NEW E-T-O-D-D-B-E TODD BOUNDARY, UM, CITY COUNCIL WITH, WITH THE PASSAGE OF THE DBE TODD CITY COUNCIL DIRECTED FOR ENCOURAGING INFILL DENSITIES AT LEVELS THAT ARE GREATER THAN WHAT WE'RE ASKING FOR WITH THIS MF THREE ZONING CHANGE AND THE PROXIMITY OF THIS PROPERTY TO THAT AREA, TO THAT OVERLAY SHOWS THAT IT IS A COMPATIBLE, UM, LEVEL OF DENSITY FOR THIS PARTICULAR PROPERTY.

NEXT SLIDE.

SO THIS IS A TABLE COMPARING THE VARIOUS, UH, DATA, UM, AND I WANNA CALL YOUR ATTENTION TO THE DIFFERENCE OR THE COMPARISON OF SF THREE AND MF THREE.

AND UNDER SF THREE AND MF THREE, YOU'LL FIND THAT THE DENSITY IS, UH, SAME IF YOU'RE LOOKING AT THE LIN THROUGH THE LENS OF TWO PLUS BEDROOM UNITS ON AN MF THREE ZONED PROPERTY ON THE SF THREE, UH, IN THE SF THREE COLUMN, THAT DOES REQUIRE A RE SUBDIVISION OF THE PROPERTY AND UTILIZATION OF HOME ONE AND HOME TWO.

UM, ULTIMATELY AT THE BOTTOM OF THAT COLUMN, YOU'LL SEE THAT THE MAX FAR ALLOWED UNDER THAT SCENARIO WOULD BE 9,800 SQUARE FEET OF FLOOR AREA.

IN COMPARISON, UNDER MF THREE WITH A TWO BEDROOM UNIT MI OR TWO BEDROOM UNIT DEVELOPMENT, YOU WOULD GET THE SAME SEVEN UNITS POSSIBLE.

AND MOVING DOWN TO THE BOTTOM OF THAT COLUMN, THE THE FLOOR AREA IS ROUGHLY THE SAME.

THERE'S A DIFFERENCE OF 382 SQUARE FEET.

AND ALL THE, THE POINT OF ALL OF THIS IS THAT WITH THE PASSAGE OF HOME, THE LEVEL OF THE LEVEL OF DEVELOPMENT THAT WE'RE SEEKING UNDER MF

[00:55:01]

THREE HAS ALREADY BEEN ACCEPTED, UM, FOR ANY SINGLE FAMILY THREE ZONED PROPERTY.

AND THE BENEFIT, HOWEVER, TO ALLOWING DEVELOPMENT TO MOVE FORWARD UNDER MF THREE IS THAT IT ALLOWS THE SITE TO DEVELOP AS A SINGLE SITE VERSUS HAVING TO GO THROUGH A SUBDIVISION PROCESS, WHICH IS, UH, COSTS MORE TO THE BUYER IN THE END.

UM, IT ALSO PRESERVES THE ORIGINAL DUPLEX THAT'S AT THE FRONT OF THE PROPERTY THAT WOULD HAVE TO GO AWAY UNDER RESUB SUBDIVISION SCENARIO.

UM, IT PERVER, IT PRESERVES THE FLEXIBILITY OF UNIT MIX RIGHT NOW THERE'S A FLEXIBILITY OF UNIT MIX AND, AND THAT WOULD CONTINUE TO MOVE FORWARD.

YOU COULD EITHER HAVE ALL TWO PLUS BEDROOM UNITS OR YOU COULD HAVE SOME THAT ARE ONE BEDROOM, UM, AND TWO BEDROOMS. SO IT ALSO IS RESPONSIVE TO OTHER SITE CONSTRAINTS SUCH AS HERITAGE TREES, WHICH ALSO CONTRIBUTE, CONTRIBUTE SIGNIFICANTLY TO THE CHARACTER OF THE NEIGHBORHOOD.

AND ULTIMATELY IT PRESERVES, UM, THE PEDESTRIAN AND CYCLIST INFRASTRUCTURE THAT EXISTS TODAY WITH ONLY ONE DRIVEWAY CUT VERSUS IF THIS WERE TO REDEVELOP WITH THE SAME INTENSITY, WOULD CERTAINLY HAVE MORE DRIVEWAYS COMING INTO EITHER DUVAL OR HARRIS.

AND I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.

THANK YOU.

OKAY, OUR NEXT SPEAKER IS RON THROWER.

RON, YOU HAVE THREE MINUTES.

COMMISSIONER IS RON THROWER.

I'LL BE BRIEF.

UM, BACK WHEN AUSTIN WAS NOT EVEN 700,000, UH, IN POPULATION, THERE WAS MULTIFAMILY FOUR DISTRICT, UH, SCATTERED ABOUT IN THIS AREA UP AND DOWN DUVAL AND A LITTLE BIT INTERIOR TO THE NEIGHBORHOOD.

SO, UH, 20 YEARS AGO, UH, AT LEAST THERE WAS A, A RECOGNITION THAT THE LAND USE OF MULTIFAMILY AT GREATER INTENSITIES OF MF THREE THAN WE'RE ASKING, UH, BECAUSE THE MF FOUR THERE OBVIOUSLY ALLOWED FOR MORE DENSITY, UM, THAT IT WAS CERTAINLY WARRANTED FOR A LONG PERIOD OF TIME.

AND IN THE 2004, THE NEIGHBORHOOD PLAN CAME ALONG AND REZONED ALL THAT MF FOUR PROPERTY DOWN TO SF THREE.

AND AS VICTORIA HAD POINTED OUT, THERE'S MULTIPLE PROPERTIES WITHIN THE NEIGHBORHOOD TODAY THAT DO NOT MEET SF THREE DEVELOPMENT STANDARDS.

UH, THERE ARE THREE UNIT DEVELOPMENTS, THERE ARE FOUR UNIT DEVELOPMENTS.

THOSE WOULD EASILY QUALIFY FOR MULTIFAMILY EVEN AFTER THE PASSAGE OF HOME ONE, BECAUSE I DO NOT SEE THAT THESE THREE PLEXES SPECIFICALLY MEET ALL THE SITE DEVELOPMENT STANDARDS NECESSARY FOR HOME ONE, WHICH MAKES THEM MULTIFAMILY.

SO AGAIN, WE'RE JUST ASKING FOR A SMALL INCREASE IN DENSITY FOR, UH, THIS PARTICULAR PROPERTY.

AND WE BELIEVE THAT THE WARRANTS FROM 20 YEARS AGO PREVAIL EVEN MORE TODAY WITH THE POPULATION INCREASE 50% MORE THAN IT WAS 20 YEARS AGO.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

WE ARE NOW SWITCHING OVER TO THOSE IN OPPOSITION.

WE HAVE CHARLES HARCOURT.

CHARLES, YOU'LL HAVE FIVE MINUTES.

THANK YOU.

CHARLES DARCO.

UH, I'M THE PRESIDENT OF THE HANCOCK NEIGHBORHOOD ASSOCIATION.

WE'RE IN DISTRICT NINE, AND THIS PROPERTY IS IN THIS NEIGHBORHOOD.

UM, THE, I WANTED TO REPORT THAT THE MEMBERSHIP HAS VOTED IN OPPOSITION TO THIS, UH, CHANGE.

ABOUT A YEAR AND A HALF AGO.

THE SAME OWNER, UH, CAME TO THE NEIGHBORHOOD ABOUT THE, THE CHANGE FROM SF THREE TO MF ONE.

AND AT THE TIME, WE, WE VOTED TO NEITHER OPPOSE NOR, UH, NOR SUPPORT THE CHANGE.

SO THERE'S BEEN A CHANGE IN THAT TIME, ONE OF WHICH IS, UH, A YEAR AND A HALF AGO FROM THE CHANGE FROM SF THREE TO F1, THE INTENTION WAS TO, UH, HAVE THE ZONING MATCH THE EXISTING USE OF THE PROPERTY.

UM, WITH THE CURRENT PROPOSAL, UH, MF TWO IS THE ONLY ZONING THEY WOULD NEED TO MATCH THE CURRENT USE.

SO IN ADDITION TO, UH, SO WHEN THEY CHANGE IT TO MF THREE, THEY'RE ACTUALLY LOOKING TO, UH, EXPAND THE, THE, THE DEVELOPMENT THERE.

AND THE MEMBERSHIP HAS TWO MAIN CONCERNS WITH THAT.

THE FIRST IS THAT THIS CORNER AT VAL AND HARRIS IS, UH, A CRITICAL, UH, PLACE FOR CHILDREN IN THE NEIGHBORHOOD GOING TO SCHOOL.

WE HAVE, SO VAL IS A, IS A MAIN PEDESTRIAN AND BICYCLE NORTH SOUTH ROUTE IN THE NEIGHBORHOOD.

AND HARRIS AT THE OTHER END OF HARRIS IS OUR ELEMENTARY SCHOOL AND ALSO AT THE CORNER OF DUVAL.

AND HARRIS IS A BUS STOP FOR MCCALLUM, WHICH IS OUR ZONED, UH, HIGH SCHOOL.

IN FACT, THE BUS STOP IS LITERALLY IN FRONT OF THIS PROPERTY RIGHT NEXT TO THE DRIVEWAY.

SO, UH, WE HAVE A CONCERN THAT THIS IS PROBABLY THE, THE SECOND MOST IMPORTANT, UH, INTERSECTION FOR CHILDREN IN THE NEIGHBORHOOD AFTER THE, THE ONE WHERE THE SCHOOL ACTUALLY IS.

AND, UH, CHILDREN TYPICALLY CROSS HARRIS THERE AND THEY ALSO CROSS DEVAL THERE.

AND DEVAL CAN BE PRETTY BUSY.

SO ADDING TRAFFIC THERE WITHOUT PLANNING

[01:00:01]

WOULD BE NEGATIVE.

IN THE CASE OF THIS PROPERTY, EVEN THOUGH THERE'S OPTIONS FOR, UH, NON-CAR MOBILITY THERE, THE PLANS WE'VE SEEN FOR THE PROPERTY INVOLVE ADDING FOUR COVERED PARKING SPACES IN ADDITION TO THE TWO THAT ARE EXISTING THERE.

SO WE'RE NOT TALKING ABOUT AN EAD OR A NON ORIENTED DEVELOPMENT.

UM, IN, IN, IN ADDITION, IMMEDIATE NEIGHBORS HAVE HAD PROBLEMS WITH TRASH CANS BEING OUT ON THE, THE, AT THE CURB, UH, 24 7.

UM, AND IF YOU, CURRENTLY, HARRIS DOESN'T HAVE A BIKE LANE, BUT IF YOU, IF YOU IMAGINE A BIKE LANE THERE IN THE FUTURE WITH CHILDREN TAKE USING IT TO GO TO SCHOOL, THAT WOULD BE A PROBLEM.

SO SOME PLANNING HAS TO BE DONE AND NO PLANNING HAS TO BE DONE.

AND THEN IT GETS US TO THE SECOND ISSUE THAT THE, THE NEIGHBORHOOD HAS, WHICH IS WE'VE HAD VIRTUALLY NO COMMUNICATION WITH THE OWNER AND, UH, WE HAVE NOT BEEN ABLE TO HAVE HIM, UH, JOIN A MEETING WHERE THE IMMEDIATE NEIGHBORS AND THE NEIGHBORHOOD ASSOCIATION COULD DISCUSS WHAT ARE THE CONSEQUENCES OF, OF THE PLAN DEVELOPMENT AND HOW WE CAN MITIGATE THOSE.

SO, UH, ALSO, ONCE AGAIN, A YEAR AND A HALF AGO IN THE INITIAL REZONING WE DID, WE WERE ABLE TO TALK SOMETHING'S BROKEN DOWN IN THAT TIME AND, UM, AND WE HAVE NOT BEEN ABLE TO, SO GIVEN THESE TWO REASONS, UH, WE WOULD ASK THE COMMISSIONERS IF THEY DON'T WANT TO, UH, OPPOSE TO, UH, TO RECOMMEND AGAINST THE REZONING TO, UH, ASK FOR A POSTPONEMENT AND ENCOURAGE THE OWNER TO TALK TO THE NEIGHBORS SO WE CAN FIGURE OUT WHAT THE NEGATIVE ITIES ARE AND HOW WE, HOW WE, UH, MINIMIZE.

THANK YOU FOR YOUR TIME.

UH, ALSO, I'M KO FOR QUESTIONS IF YOU HAVE ANY.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS HELEN GABER.

HELEN IS RECEIVING TO MISS AND DONATE TIME FROM PHYLLIS DAY.

PHYLLIS, ARE YOU HERE? OKAY, THANK YOU HELEN.

YOU ALL HAVE FIVE MINUTES.

THANK YOU VERY MUCH.

I'M HELEN GABER, I LIVE AT FIVE.

THANK YOU.

UH, MY NAME IS HELEN GABER.

I LIVE AT 5 0 4 HARRIS AVENUE ACROSS THE STREET FROM, UM, THE 33 0 5 DUVAL, UM, PROPERTY.

UM, I WANTED TO, I I ASKED TO SHOW SOME OF THE PICTURES, UM, OF THE HOUSING AROUND, UM, LITERALLY THESE ARE THE HOUSES THAT SURROUND THE HISTORIC HOMES THAT SURROUND THE PROPERTY AT THE CORNER OF DUVAL AND HARRIS.

UM, I WOULD SAY THAT, UH, YOU KNOW, THE IDEA THAT, UM, THESE ARE GONNA BE FAMILY FRIENDLY, UH, INFILL HOUSING IS JUST NOT A, A GENUINE STATEMENT OF WHAT IS HAPPENING HERE.

UM, THIS IS A HISTORIC NEIGHBORHOOD.

UM, THESE ARE, UH, QUIET STREETS.

WE HAVE TWO LIVING STREETS THAT COME ONTO HARRIS AVENUE.

UH, HARRIS AVENUE IS FULL OF KIDS, UH, BIKING TO SCHOOL AND UM, PEOPLE ON SKATEBOARDS AND IT'S ALREADY AN OVERCROWDED STREET.

THERE'S PARKING ON BOTH SIDES OF THE STREET.

IT IS DANGEROUS.

UH, IF YOU GO TO THE NEXT SLIDE, UM, I THINK YOU CAN SEE WHERE THERE'S A BIKER THERE, UH, AT THE BOTTOM THAT IS THE CORNER, HE'S GOING UP A HILL, UM, ON HARRIS AVENUE UP TO DUVAL CARS COME OFF OF DUVAL AT A VERY FAST SPEED ONTO HARRIS AVENUE.

UM, AND ALSO YOU'LL SEE THAT AREA TO HIS RIGHT IS WHERE THE BUS STOPS.

UM, IT'S NOT CURRENTLY PARKED UP, BUT I CAN TELL YOU THAT ON FOOTBALL SATURDAYS, IT IS COMPLETELY PARKED UP TO THE STOP SIGNS THERE.

THAT IS WHAT WILL BE THE NORM GOING FORWARD WITH NO PARKING.

UH, THERE'S ONLY SIX SPOTS, UM, FOR THIS, UH, PROPOSED DEVELOPMENT AND UM, IT'S GONNA BE PARKED ALL THE WAY UP.

I CAN TELL YOU, GETTING OUTTA MY DRIVEWAY IS DANGEROUS WHEN IT IS PARKED UP ON FOOTBALL SATURDAYS.

IT IS IMPOSSIBLE TO SEE AROUND THE CARS AND THERE ARE ALMOST NO WAY TO GET PAST OTHER CARS ON HARRIS AVENUE.

IT'S GONNA BE A NIGHTMARE.

UM, THE OTHER THING IS, IF YOU GO TO THE NEXT SLIDE, YOU'LL SEE THE ROW OF CANS.

THAT'S, UM, ALWAYS THE CASE ON HARRIS AVENUE.

THEY'RE PERMANENTLY THERE.

THAT'S WITH SEVEN BEDROOMS. AND I WANNA JUST DISPEL THE IDEA THAT THIS IS NOT ADDING DENSITY.

UM, IT IS ADDING SIGNIFICANT DENSITY AND YOU MAY THINK IN TERMS OF UNITS, BUT I'M THINKING IN TERMS OF BEDROOMS AND WHILE THEY MAY BE GOING, THEY'RE SUGGESTING GOING FROM FIVE TO SIX UNITS, THEY WANNA GO FROM SEVEN TO 16 BEDROOMS. THAT IS A HUGE INCREASE IN THE NUMBER OF PEOPLE WHO ARE GONNA BE LIVING ON THAT PROPERTY.

THE NUMBER OF CARS THAT ARE GONNA BE ASSOCIATED WITH THAT PROPERTY.

I TEACH AT UT THOSE STUDENTS MAY TAKE THE BUS DOWN TO CAMPUS, BUT THEY ARE GONNA HAVE CARS PARKED ON THE STREETS.

UM, THEY, THEY ARE NOT GONNA COME WITH NO CARS.

THAT IS JUST NOT HOW IT WORKS.

AND YOU

[01:05:01]

KNOW, THAT, UM, IT IS ALSO NOT AFFORDABLE HOUSING.

IT'S NOT INFILL, AS I MENTIONED, AND IT'S NOT A SMALL INCREASE IN DENSITY.

UM, IF THIS WERE GONNA BE HOUSING THAT WOULD ALLOW FOR FAMILIES USING LEE ELEMENTARY, THAT WOULD BE GREAT, BUT HE'S GOT 16 BEDROOMS AND 18 BATHROOMS PROPOSED FOR THOSE PROPERTIES.

THESE ARE GONNA BE TOP DOLLAR UNITS FOR STUDENTS POSSIBLY RENTED OUT BY THE BEDROOM.

UM, IT IS NOT FOR FAMILIES, IT IS NOT FOR FAMILIES WHO ARE GONNA BE USING THAT NEIGHBORHOOD OR THE AMENITIES IN THAT NEIGHBORHOOD.

UM, I THINK IT'S DISINGENUOUS TO SUGGEST OTHERWISE.

AND IN FACT, IN HIS, UH, REQUEST FOR MF ONE ZONING JUST A LITTLE OVER A YEAR AGO, HE SAID HIS PRIMARY GOAL WAS TO MAINTAIN THE HOUSING DENSITY.

THIS LOT IN THE SURROUNDING NEIGHBORHOOD HAS ENJOYED FOR CLOSE TO 30 YEARS.

THAT IS NOT WHAT IS HAPPENING HERE.

AND AS, UH, MR. HARCORT HAS MENTIONED, HE HAS REFUSED TO ENGAGE IN ANY CONVERSATION WITH THE NEIGHBORHOOD.

HE ATTENDED ONE MEETING, DID NOT IDENTIFY HIMSELF UNTIL THE VERY END.

UM, WE HAVE ASKED FOR MEETINGS WITH HIM.

WE HAVE ASKED FOR CONVERSATIONS AND HE HAS REJECTED ALL OUTREACH.

UM, I HAVE, UH, A DETACHED, UM, I THINK I SENT, SHOULD HAVE GONE TO ALL OF YOU, UM, AN EMAIL WITH MY WRITTEN COMMENTS AS WELL AS ATTACHMENTS AND EXHIBITS.

UM, I THINK THE OVERLAY SHOWING THE UNIVERSITY NORTH, UM, THE UNO OVERLAY, IT'S VERY INTENTIONAL.

IT STOPS AT 29TH STREET.

IT DOES NOT COME NORTH FURTHER THAN THAT, THE GROWTH AT THE UNIVERSITY HOUSING IS TO THE EAST AND THE WEST, NOT NORTH.

THE UNIVERSITY HAS ALREADY MADE A COM AN ALLOWANCE FOR 3,500 MORE BEDS TO BE BUILT.

UM, EITHER HAVE BEEN BUILT OR WILL BE BUILT.

THERE IS NOT A NEED FOR THIS PROPERTY TO HAVE 16 BEDROOMS. AND I URGE YOU TO, UH, REJECT THIS, UM, REQUEST FOR REZONING.

UH, AND I WOULD, UH, ALSO SECOND THE IDEA IF YOU WILL NOT REJECT IT TO, UM, ISSUE A POSTPONEMENT SO THAT WE CAN ENGAGE IN CONVERSATIONS, UH, WITH THE PROPERTY OWNER AND SEE IF WE CAN COME TO SOME UNDERSTANDING OF WHAT AN APPROPRIATE, UH, USE OF THIS PROPERTY WOULD BE.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS DAVID DELMAN.

DAVID IS JOINING US VIRTUALLY.

PLEASE PRESS STAR SIX AND PROCEED WITH YOUR COMMENTS.

YOU HAVE THREE MINUTES.

I ALSO LIVE ACROSS FROM THE, UH, FROM THE, OKAY.

IF YOU, UM, JOIN, THEN WE'LL COME.

WE'LL, IT WILL LET ME KNOW AND THEN WE'LL COME BACK TO YOU.

UM, GOING TO THE NEXT SPEAKER IS RON.

LUKE, UM, WHO IS RECEIVING TWO MINUTES TO DONATE TIME FROM ELEANOR, LUKE, ELEANOR, ARE YOU HERE? YES.

OKAY, RON, YOU'LL HAVE FIVE MINUTES.

THANK YOU.

UM, JUST TO BE CLEAR, OUR REQUEST IS THAT YOU DENY THIS REZONING REQUEST FROM MF 1D MF THREE FOR THE PROPERTIES IN QUESTION.

CAN I SEE THE NEXT SLIDE? IN LOOKING AT THIS SITUATION, I'M REMINDED OF THE CHILDREN'S BOOK.

IF YOU GIVE A MOUSE A COOKIE, I HOPE SOME OF YOU HAVE HAD THE CHANCE TO READ THAT TO YOUR CHILDREN NOW OR IN THE PAST.

IT'S A WONDERFUL BOOK FOR SMALL CHILDREN.

IT IS NOT A GOOD, UH, NOT A GOOD GUIDE FOR URBAN PLANNING OR ZONING.

THE INDIVIDUAL WHO OWNS THIS PROPERTY NOW BOUGHT IT IN 2022 AS IS.

HE CAME TO, UH, THE PLANNING COMMISSION IN 2024 SAYING THAT HE JUST WANTED TO BRING THINGS INTO CONFORMANCE.

I'VE LIVED THERE SINCE 1980 TO THE BEST OF MY KNOWLEDGE, NO ONE HAS EVER COMPLAINED ABOUT THE NON-CONFORMANCE OF THE EXISTING STRUCTURES ON THIS PROPERTY.

I DON'T KNOW THAT ANYBODY EVEN KNEW THEY WERE NON-CONFORMING.

AND SO THE NOTION THAT YOU'RE GOING TO TAKE THIS AND GO ALL THE WAY TO MF THREE, JUST TO MAKE IT QUOTE CONFORMING, MAKES ABSOLUTELY NO SENSE.

IT'S A PRETENSE, IT'S NOT REALITY.

LET'S LOOK AT THE NEXT SLIDE.

THIS IS THE AREA ON THE BACK OF THE PROPERTY WHERE THE GENTLEMAN PROPOSES TO PUT FOUR, THREE BEDROOM UNITS, FOUR, THREE BEDROOM UNITS WITH SOME OFF STREET PARKING, BUT CERTAINLY NOT ENOUGH FOR 16 BEDROOMS. THAT WOULD OVERDEVELOP THE PROPERTY AND, UH, WOULD BE TOTALLY CONTRARY TO WHAT HE HAS REPRESENTED IN HIS LETTER FROM HIS, UH, AGENT.

LET'S LOOK AT THE NEXT SLIDE.

THIS WAS HIS ORIGINAL LETTER IN 2024.

AND YOU CAN SEE FROM THE HIGHLIGHTED AREAS THAT HIS EMPHASIS WAS ON MAINTAINING THE EXISTING STRUCTURES.

AND THAT WAS PART OF THE PREMISE ON WHICH THE MF ONE WAS APPROVED.

EVEN

[01:10:01]

THOUGH ANYONE WOULD HAVE KNOWN THAT WITH FIVE UNITS MF ONE WOULD NOT MAKE IT CONFORMING.

SO THAT WAS A FALSE PRETENSE TO BEGIN WITH.

LET'S LOOK AT THE NEXT SLIDE.

THIS IS, UH, THE HARRIS, UH, SORRY, THE HANCOCK SUBDIVISION.

WHAT YOU'LL SEE IS, IS THAT EXCEPT FOR THIS PROPERTY, IT'S ALL SF THREE.

THE MF ONE WAS SPOT ZONING, NOT A GOOD URBAN PLANNING PRINCIPLE.

AND I UNDERSTAND WHY YOU THOUGHT YOU WERE DOING IT, UH, FOR CONFORMANCE, EVEN THOUGH THAT WOULDN'T DO IT.

BUT THE IDEA THAT THIS IS SOMEHOW A MULTIFAMILY AREA IS, IS JUST SIMPLY FALSE TO FACT.

NOW, IF YOU GO OVER A BLOCK AND YOU GET INTO THE WHOLE SPEEDWAY AREA, WE GET INTO MULTIFAMILY, BUT THIS IS THE ONLY LOT IN THE ENTIRE HANCOCK SUBDIVISION THAT IS NOT SF THREE.

AND SO WE DON'T NEED TO FURTHER CREATE A PROBLEM BY GOING, UH, MF UH, SF THREE BY GOING FROM MF ONE TO MF THREE.

NEXT SLIDE PLEASE.

THIS IS THE 24 LETTER, AND AGAIN, WE'RE TALKING ABOUT PRESERVING STRUCTURES AND JUST FIVE UNITS.

I WOULD HAVE TO SAY THIS WHOLE APPROACH BY THE OWNER HAS BEEN QUITE DISINGENUOUS.

LET'S GO TO THE NEXT SLIDE.

THIS IS A CONCEPTUAL PLAN THAT THE OWNER CIRCULATED IN JUNE OF THIS YEAR.

AS YOU CAN SEE, IT PROPOSES FOUR, THREE BEDROOM UNITS PLUS THE FOUR BEDROOMS IN THE DUPLEX ON THE FRONT FOR A TOTAL OF 16 BEDROOMS. THIS IS A STUDENT HOUSING AREA.

YOU'RE LOOKING AT 16 INDIVIDUALS, PROBABLY WITH 16 CARS THAT WOULD SO GROSSLY OVERBUILD THE LOT AND GROSSLY COMPLICATE THE PARKING AND TRAFFIC IN THE AREA.

BUT I CAN'T IMAGINE YOU WOULD WANT TO DO THAT.

THAT'S HIS PLAN.

NOW LET'S LOOK TO THE NEXT SLIDE.

OKAY.

I WAS TOLD THAT HE MAY EVEN BE WANTING TO NOT HAVE THE OVERLAY THAT THE STAFF HAS PROPOSED THAT IN EFFECT WOULD OPEN THINGS UP TO GO NORTH TO 36 BEDROOMS AND PERHAPS THREE OR FOUR STORIES FOR THOSE STAR TREK FLANS.

WE'D BE TALKING ABOUT A BOARD CUBE.

ANOTHER BAD IDEA.

LET'S GO TO THE NEXT SLIDE.

I'M NOT OPPOSED, UM, TO INCREASING THE NUMBER OF BEDROOMS ON THE BLOCK AND GIVING HIM SOME DEVELOPMENT POTENTIAL, BUT REPLACING THE EXISTING FOUR BEDROOM, UH, THREE UNIT STRUCTURE WITH TWO THREE BEDROOM WOULD BE THE RIGHT WAY TO GO.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS BARBARA STEIN.

BARBARA PLEASE YOU WHO'S JOINING US VIRTUALLY BARBARA PLUS STAR SIX AND PROCEED WITH YOUR COMMENTS.

YOU HAVE TWO MINUTES.

OKAY.

UM, IF SHE JOINS, GO AHEAD AND PUT HER ON GOING BACK UP.

UM, DAVID ALMAN.

YEAH.

OKAY.

THAT CONCLUDES SPEAKERS ON.

I THINK THERE MAY BE SOMETHING WRONG WITH THE TECHNOLOGY.

MY HUSBAND IS DAVID EDELMAN.

HE SAID HE WAS PRESSING STAR SIX AND, AND SPEAKING AND WASN'T ABLE TO COME THROUGH.

AND I KNOW BARBARA, THE PHONE NUMBER, THE PHONE NUMBERS I HAVE DO NOT MATCH.

SO IT IS 5 1 2 6 4 7.

UH, I NEED TO GO GET MY PHONE, .

I CAN GO GET MY PHONE.

FEEL FREE TO WORK DIRECTLY WITH OUR STAFF LIAISON ON THIS.

DO WE WANNA GO AHEAD AND MOVE TO APPLICANT REBUTTAL AND THEN COME BACK? I, HI, THIS IS DAVID.

DAVID EDELMAN.

CAN YOU HEAR ME NOW? WE CAN.

THANK YOU.

OKAY, THANK YOU.

UM, I'M MOSTLY GONNA RE REITERATE WHAT OTHER PEOPLE HAVE SAID.

UM, AND REALLY JUST THREE POINTS.

ONE IS JUST THE EMPHASIS ON THE NATURE OF THE NEIGHBORHOOD HERE, THE HOUSES AROUND THE PROPOSED DEVELOPMENT AND THE EXISTENCE OF THE

[01:15:01]

LEASE SCHOOL AND THE NEED FOR BIKING AND FOR WALKING FOR STUDENTS GOING TO SCHOOL.

UM, SO THAT'S THE FIRST THING.

THE SECOND IS JUST THE CONCERN ABOUT THE NUMBER OF UNITS AND THE IMPLICATIONS FOR PARKING.

AND JUST THIS PARTICULAR END OF THE BLOCK IS ALREADY PARKED UP A LOT AND I CAN'T IMAGINE WHAT IT WILL BE LIKE IF YOU ACTUALLY END UP WITH 16 UNITS.

UM, AND THEN THE LAST POINT IS REALLY JUST, AGAIN, REITERATING WHAT OTHER PEOPLE HAVE SAID.

YOU KNOW, WE'RE NOT OPPOSED TO GREATER DENSITY.

UM, WE'VE TRIED TO REACH OUT TO THE PROPERTY OWNER AND HE'S JUST NEVER CHOSEN TO SPEAK TO US AND TO TALK TO US ABOUT HIS PLANS.

AND I THINK THAT'S BEEN REALLY PROBLEMATIC AND A SOURCE, SOURCE OF SKEPTICISM ABOUT WHAT HIS TRUE INTENTIONS ARE.

THAT'S IT.

THANK YOU.

OKAY.

BARBARA S EPSTEIN, CAN YOU HEAR ME NOW? YES, WE CAN.

OKAY.

THANK YOU.

UH, GOOD, GOOD EVENING.

MY NAME IS BARBARA EPSTEIN.

AS A CONCERN NEARBY NEIGHBOR, I OPPOSE THE REZONING OF 33 0 3 AND 33 0 5 BOL STREET AND 5 0 1 AND 5 0 5 HARRIS AVENUE FOR THE FOLLOWING REASONS.

NUMBER ONE, REZONING.

THE M MF THREE PRESENTS SIGNIFICANT THREATS TO PEDESTRIAN SAFETY, ESPECIALLY FOR ANYONE GETTING OFF AT THE CORNER BUS STOP AT DUVAL STREET AND HARRIS AVENUE WHO WALKED PAST THE CURRENT DRIVEWAY.

THIS IS LIKE DEVELOPERS ASKING FOR FLOODPLAIN EXEMPTIONS.

SINCE INPATIENT DRIVERS ALREADY SHARPLY TURNED OFF DUVAL STREET AND SPEED DOWN HARRIS AVENUE, MF THREE ZONING WOULD DRAMATICALLY INCREASE CONGESTION IN A SMALL SPACE, INVITING A TRAGEDY AT THE DRIVEWAY ENTRANCE NUMBER TWO, PUBLIC TRANSIT IN HANCOCK HAS NOT SOLVED NEIGHBORHOOD TRAFFIC AT ALL.

BUS ROUTES RUN EMPTY BECAUSE THEY WERE SO POORLY PLANNED, NOT TARGETING ESSENTIAL DESTINATIONS WITH ONE ROUTE.

SO IT IS ALWAYS FASTER TO DRIVE OR EVEN TO WALK A MILE TO THE GROCERY STORE OR DOCTOR'S OFFICE THAN TO TAKE AT LEAST TWO BUS ROUTES.

NUMBER THREE, WE'LL NEED TO PRESERVE AS MUCH GREEN SPACE AND FREE CANOPY, MATURE TREE CANOPY IN CENTRAL AUSTIN TO LIMIT FLOODING AND INCREASING HEAT.

AUSTIN IS SECOND ONLY TO LAS VEGAS FOR ABNORMALLY HOT NIGHTS, WHICH HAVE INCREASED 137% OVER THE PAST THREE DECADES DUE TO 170% INCREASE IN POPULATION, RESULTING IN INCREASES IN IMPERVIOUS COVER AND VEHICLES.

NUMBER FOUR, THIS LOCATION IS A GATEWAY TO THE NEIGHBORHOOD.

SO COMPATIBLE ARCHITECTURE IS NEEDED TO PRESERVE THE CHARACTER OF WHAT IS NOW THE DIVERSE ELEMENT IN THE CITY.

THIS HISTORIC SPOT IS ALSO THE SITE OF THE FARM OF SUSAN DICKINSON, A SURVIVOR OF THE ALAMO.

WE SHOULD HAVE ARCHITECTURAL REMINDERS OF THAT HISTORY.

THIS SPOT ZONING ALSO CONFLICTS WITH THE STATE, HISTORICALLY ZONED HOUSE DIRECTLY ACROSS THE STREET.

I WOULD ALSO NOTE THAT I KNOW THAT THE, THE OWNER IN INITIALLY TOLD THE NEIGHBORHOOD THAT THE REASON HE HAD A PROBLEM WAS HE COULD NOT GET A PERMIT TO REPAIR THE, THE ILLEGAL UNITS IN THE BACK BECAUSE THEY DIDN'T MEET SETBACK REQUIREMENTS.

AND I DON'T THINK THAT THAT HAS BEEN LOOKED AT.

NUMBER FIVE, LASTLY, THE OWNER OF THIS PROPERTY HAS BEEN UNWILLING TO SIT DOWN WITH NEIGHBORS AND WORK OUT A WRITTEN MUTUALLY SATISFYING SOLUTION RATHER THAN LEGALIZE PROBLEMS ON HIS SF THREE ZONE SITE THROUGH THE ARCHITECTURE REVIEW BOARD.

HE FIRST CHOSE TO GET A DEMOLITION FROM IT FOR THE ENTIRE SITE, THEN ASK FOR MF ONE ZONING.

AND NOW HAS M MS AND NOW AND MS THREE ZONING ALL CAN.

WE ALL WE CAN EXPECT ARE INCREASED RENTS DUE TO THE COST OF LAND CONSTRUCTION AND INCREASED PROPERTY TAXES, LESS GREEN SPACE, LESS MATURE TREE CANOPY, AND UNKNOWN AMOUNT OF ULTIMATE HEIGHT AND SQUARE FOOTAGE, AND MORE IMPATIENT DRIVERS LOOKING FOR PARKING SPACE.

I SINCERELY HOPE THAT THE QUALITY OF LIFE FOR THE PEOPLE WHO LIVE HERE MATTERS MORE TO YOU AS PLANNERS THAN THE MAXIMUM PROFIT MOTIVE OF A DEVELOPER.

THANK YOU.

THANK YOU FOR, EXCUSE ME.

THANK YOU FOR YOUR COMMENTS.

THAT CONCLUDES SPEAKERS ON THIS ITEM.

AND SO NOW WE WILL CALL UP THE APPLICANT FOR THE REBUTTAL VICTORIA HASI, AGAIN WITH THROWER DESIGN.

SO THE NON-CONFORMANCE THAT WAS DISCUSSED ABOUT THIS PARTICULAR PROPERTY, UH, THAT CAME ABOUT BECAUSE THE LANDOWNER DID INDEED TRY TO PULL BUILDING PERMITS ON THE EXISTING STRUCTURES.

THE STRUCTURE IN THE BACK IS IN PRETTY POOR CONDITION, IS NOT TO CODE, NEEDS TO BE, UM, IF AT ALL POSSIBLE RENOVATED, BUT AT THIS POINT WE'VE, UH, THE LANDOWNER HAS DETERMINED, UH, WITH THE HELP OF PROFESSIONALS THAT IT'S NOT LIKELY TO BE SALVAGEABLE.

UM, BUT ALL THAT TO SAY, PULLING PERMITS TO IMPROVE DEVELOPMENT ON THE SITE IS WHAT CAUSED

[01:20:01]

THE CONFORMANCE ISSUE TO COME UP.

YOU CAN'T GET PERMITS FROM THE CITY OF AUSTIN WHEN YOU HAVE DEVELOPMENT THAT IS NON-COMPLIANT WITH YOUR ZONING.

SO THAT IS WHAT STARTED THE PROPERTY OWNER DOWN THE PATH OF NEEDING A REZONING IN THE FIRST PLACE.

AND I CAN SAY THAT, YOU KNOW, DEVELOPMENT, UM, FAMILIES BELONG IN ALL KINDS OF DEVELOPMENT AND HOUSING, WHETHER IT'S HISTORIC HOMES, WHETHER IT'S NEW HOMES.

AND WHILE THIS LANDOWNER IS GOING, UH, THE EXTRA MILE TO PRESERVE THE 1920S DUPLEX AT THE FRONT OF THE PROPERTY, UM, THERE'S A LOT OF LANDMARKS, HISTORICALLY DESIGNATED LANDMARKS IN THIS AREA.

SO CHARACTER, ARCHITECTURAL CHARACTER IS CERTAINLY SOMETHING THAT'S GOING TO BE PRESERVED MOVING INTO THE FUTURE.

AND AGAIN, ESPECIALLY AS THIS LANDOWNER IS LOOKING TO OR IS ACTIVELY PURSUING RESTORATION OF THAT DUPLEX STRUCTURE.

ALSO, I WANNA CALL ATTENTION TO THE FACT THAT, YOU KNOW, AS THE LANDOWNER'S REPRESENTATIVES, I HAD BEEN WORKING A LOT WITH CHARLES, UM, HAR COURT WHO SPOKE JUST, UH, A BIT AGO AND WE HAD PLANS FOR MY ATTENDANCE AT ONE OF THE NEIGHBORHOOD ASSOCIATION MEETINGS.

BUT UNFORTUNATELY, THE NEIGHBORHOOD ASSOCIATION TOOK A VOTE WITHOUT INVITING US TO A MEETING, AND THEIR VOTE WAS IN OPPOSITION.

AND FROM EVERYTHING THAT I'VE HEARD INDIRECTLY, UM, I'M NOT SURE THAT THEIR STANCE IS GOING TO CHANGE.

I MEAN, SOME OF THE TESTIMONY I HEARD TONIGHT WAS THAT FOUR UNITS IS SUFFICIENT FOR THIS DEVELOPMENT FOR THIS PROPERTY WHEN CURRENTLY TODAY THEY HAVE THE ABILITY FOR FIVE UNITS.

SO I'M, I'M NOT SURE WE'RE GOING TO GET ANYWHERE, BUT OBVIOUSLY WE WILL FOLLOW THE WILL OF THE COMMISSION.

UM, AND I ALSO WANNA POINT OUT THAT THERE HAS BEEN SOME MISINFORMATION, INACCURATE INFORMATION I WAS READING BACK UP.

AND, UH, THERE'S AN ASSUMPTION THAT UNDER MF THREE, THIS PROPERTY CAN ACHIEVE 60 FEET IN HEIGHT AND, UH, FAR MORE UNITS.

BUT IN REALITY, AND AS I SHOWED IN THE TABLE, WHAT THE MAXIMUM DENSITY IS UNDER MF THREE IS SEVEN, TWO BEDROOM, TWO PLUS BEDROOM UNITS OR NINE ONE BEDROOM UNITS.

AND IF YOU REALLY WANNA LOOK AT EFFICIENCIES, WHICH I DON'T SEE AS BEING A, UM, MARKETABLE POSSIBILITY FOR, UH, FOR THIS AREA, BUT IF YOU DO WANNA LOOK AT EFFICIENCIES, IT WOULD ALLOW AT MOST 11 EFFICIENCIES ON THIS PROPERTY.

SO WE'RE NOT TALKING ABOUT HUGE INCREASES IN DENSITY.

YES, THERE COULD BE SOME MORE BEDROOMS THAT IS ACCURATE, THAT'S TRUE.

UM, BUT THOSE MORE, THOSE ADDITIONAL BEDROOMS CAN ACCOMMODATE FAMILIES.

THEY CAN ACCOMMODATE STUDENTS, THEY CAN ACCOMMODATE STUDENTS THAT MIGHT LIVE TOGETHER, UM, AND COHABITATE AS ROOMMATES OR, OR FAMILIES WITH KIDS OR FAMILIES THAT DON'T HAVE ANY KIDS.

UM, ULTIMATELY THE REQUEST OF MF THREE IS GIVING THE FLEXIBILITY FOR THE LANDOWNER TO BE ABLE TO DETERMINE WHAT THIS PROPERTY CAN ACHIEVE REASONABLY WITH THE SITE CONSTRAINTS, INCLUDING HERITAGE TREES AND PRESERVING THAT INITIAL, UM, HISTORIC DUPLEX STRUCTURE.

I'M AVAILABLE IF YOU HAVE ANY QUESTIONS.

THANK YOU.

THANK YOU, MS. BROWN.

MS. HASI, LET'S GO AHEAD AND TAKE A VOTE TO CLOSE THE PUBLIC HEARING.

LOOKING FOR A MOTION AND A SECOND TO CLOSE THE PUBLIC HEARING MOTION BY COMMISSIONER MAXWELL.

SECOND BY COMMISSIONER BRETTON.

WITHOUT OBJECTION, PUBLIC HEARING IS CLOSED.

LET'S MOVE INTO OUR ROUND ROBINS.

WE CAN TAKE EIGHT COMMISSIONERS AT FIVE MINUTES EACH WITH QUESTIONS.

YES.

COMMISSIONER ANDERSON.

THANK YOU CHAIR.

UH, JUST A QUICK QUESTION FOR THE APPLICANT.

IF WE WERE TO MOVE FORWARD TONIGHT WITH EITHER THE APPLICANT REQUEST OR STAFF'S REQUEST, WOULD YOU ALL COMMIT IN BEST FAITH POSSIBLE TO MEET WITH THE FOLKS THAT ARE CONCERNED ABOUT THIS, THE NEARBY FOLKS IN ANY ORGANIZED NEIGHBORHOOD GROUPS NEARBY BEFORE THIS GOES TO COUNCIL? UM, I WOULD HAVE TO TALK TO THE LANDOWNER ABOUT THAT.

UM, BUT IT'S CERTAINLY WORTH REVISITING.

YES, I HAVE A COUPLE MINUTES IF YOU WANNA GO AHEAD AND TALK TO SOMEBODY AND GIMME A THUMBS UP ON THAT.

OKAY.

I'LL GO AHEAD AND GIVE MY TIME BACK, BUT, UH, IF, IF WE CAN JUST GET AN ANSWER TO THAT BEFORE WE VOTE ON THIS, THAT'D BE GREAT.

THANK YOU.

THANK YOU.

COMMISSIONER ANDERSON, OTHER COMMISSIONERS WITH QUESTIONS? COMMISSIONER AHMED, UH, THIS IS A QUESTION FOR STAFF.

UH, I JUST WANTED TO UNDERSTAND THE RATIONALE FOR THE, UH, CEO, THE UNIT LIMITATION THAT YOU'VE, UH, UH, THAT YOU'VE RECOMMENDED.

SURE.

UM, CYNTHIA HAD WITH THE PLANNING DEPARTMENT, THE ADDITION OF THE CONDITIONAL OVERLAY WAS TO ALLOW FOR LARGER FAMILY FRIENDLY UNITS, UH, WHILE KEEPING THE UNIT COUNT OF THE PROPERTY SIMILAR TO HOME, THE ALLOWANCE OF HOME.

UM, AND THAT WAS THE REQUEST OF THE APPLICANT IN THEIR ZONING, UM, APPLICATION.

SO

[01:25:01]

THAT WAS THE PURPOSE OF THE CO THE INTENTION.

OKAY.

SO, SO ONE WAS THAT IT WAS IN LINE WITH THE APPLICANT REQUEST, BUT YOU SAID, UH, I WANT TO MAKE SURE I CAUGHT EVERYTHING.

YOU SAID THAT IT WAS TO ALLOW FOR LARGER UNITS TO BE MORE IN LINE WITH, UH, THE CURRENT NEIGHBORHOOD.

IS THAT WHAT YOU HAD SAID WITH THE ALLOWANCE OF HOME, WITH THE ALLOWANCE, SO WHAT HOME ALLOWS? CORRECT.

GOT IT.

OKAY.

THANK YOU.

ANY OTHER COMMISSIONERS WITH QUESTIONS? COMMISSIONER BRETTON? SO I THINK THERE IS A CONCERN ABOUT TRAFFIC AND PARKING IN THIS AREA AND, UH, IN LOOKING THROUGH THE BACKUP AND, UH, THIS SPECIFIC ITEM YESTERDAY I WENT TO LOOK FOR SAFE ROUTES TO SCHOOL PROJECTS.

IS THERE, UH, ANY INFORMATION ON THOSE PROJECTS ON A LONG HARRIS, UH, AND THE STAGE THAT THEY'RE IN? UH, YES, I HAVE SOME QUICK NOTES FOR THAT.

SO HARRIS AVENUE IS A NEIGHBORHOOD BIKEWAY TRAFFIC CALMING STREET FOR LEE ELEMENTARY.

UM, AND THIS IS ACCORDING TO THE SAFE ROUTES REPORT FOR THIS AREA FOR DISTRICT NINE.

UM, AND DUVAL STREET IS A BIKE LANE BUFFER, BUFFERED BIKE LANE, PROTECTED BIKE LANE, UH, FOR LEE AS WELL.

AND THEN THERE IS A TRAFFIC CONTROL INTERSECTION RECONFIGURATION SET FOR THIS INTERSECTION.

IT'S NUMBER 6 3 6 ON THE SAFE ROUTES REPORT.

IF YOU GO TO THE MAP, UM, IT'S LABELED AS A DIFFICULT CROSSING.

UH, IT ADDS, THE GOAL IS TO ADD A MEDIAN REFUGE ISLAND ON DUVAL STREET.

UH, THE BENEFIT IS CATEGORIZED AS MEDIUM AND THE ESTIMATED COST BENEFIT CATEGORY IS A HIGH LEVEL TWO.

OKAY.

UH, DO WE KNOW WHERE LIKE, WHEN THAT MIGHT HAPPEN? ? I DO NOT WORK IN THAT DEPARTMENT.

I CANNOT ANSWER THAT QUESTION.

I JUST PROVIDED THE INFORMATION THAT THAT'S OKAY.

MM-HMM .

YES.

UM, OKAY.

UH, AND I BELIEVE IT TO BE THE CASE THAT THERE'S NOT A RESIDENTIAL PARKING PERMIT, UH, ZONE HERE.

IS THAT CORRECT? THERE'S NOT ONE.

THERE ARE.

THERE ARE.

THERE IS.

THANK YOU.

OKAY.

UH, I THINK THAT'S ALL MY QUESTIONS.

THANK YOU COMMISSIONER BRETTON.

ANY OTHER COMMISSIONERS WITH QUESTIONS? COMMISSIONER MAXWELL? YEAH, THIS QUESTION'S FOR THE APPLICANT.

CAN YOU GO AHEAD AND PUT UP, BRING UP THE SLIDE THAT YOU SHOWED WITH THE COMPARISON OF THE DIFFERENT OPTIONS FROM YOUR PRESENTATION, THE CHART.

AND I JUST WANTED TO CONFIRM THERE'S RPP DIRECTLY ON HARRIS? THAT'S CORRECT.

SO THAT IS CONTROLLED PARKING ALREADY FOR RESIDENTS IN THAT AREA, IS THAT CORRECT, MS. SASSI? YES, THAT IS CORRECT.

SO THEREFORE ANYBODY WHO LIVED IN THAT AREA WOULD NEED TO ACTUALLY GET AN RPP TO PARK THEIR CAR ON THE STREET? THAT'S CORRECT.

OKAY, GREAT.

LET'S SEE, UM, I THINK IT'S THE NEXT SLIDE.

IT'S UPSIDE DOWN AGAIN.

.

KEEP GOING.

ONE MORE.

YEAH, I THINK IT NEEDS TO BE ROTATED .

UM, SO I'LL ASK SOME ADDITIONAL QUESTIONS WHILE WE'RE WAITING.

UM, SO I GUESS THE QUESTION HERE IS THAT THERE IS CONSIDERATION OF HOW MANY UNITS OR BEDROOMS WE BUILT, BUT THAT'S NOT REALLY HOW WE THINK OF HOME DEVELOPMENTS NECESSARILY.

IT'S WHAT STRUCTURES WE WOULD BE BUILDING AND WHAT THAT WOULD LOOK LIKE.

IS THAT CORRECT? THAT'S CORRECT, YES.

AND SO THE IDEA HERE IS TO MAKE SORT OF COMPARABLE TO HOME, BUT THAT WOULD REQUIRE MF THREE JUST BECAUSE OF THE WAY THE SITE IS SET UP? SORRY, YES.

THAT'S WHAT THIS YOU'RE, YOU ARE SITTING HERE AND, SORRY, THIS IS WHY I WANTED TO SEE THE SLIDE BECAUSE, UM, I GUESS WE HEARD SOME CONCERNS ABOUT THE NUMBER OF BEDROOMS, BUT THAT'S NOT REALLY HOW WE THINK ABOUT THIS.

IF YOU GO FROM SF THREE TO MF THREE, AS YOU WERE SAYING IN YOUR PRESENTATION, REALLY THE ISSUE HERE IS WE DON'T NECESSARILY WANNA SUBDIVIDE THE SITE BECAUSE THAT MAY LEAD TO WORSE OUTCOMES FOR TREES AND PARKING AND EVERYTHING ELSE VERSUS DOING MF THREE WHERE WE CAN HAVE SOME FLEXIBILITY IN WHAT UNITS ARE BUILT.

IS THAT YES, THAT'S ACCURATE.

BEDROOM COUNT IS MOSTLY JUST THE CITY'S WAY OF HELPING TO DEFINE A DENSITY CAP.

OKAY.

AND, AND GENERALLY IN THIS AREA, UH, WE, I KNOW WE, IT IS ADJACENT TO UT BUT WE DON'T SEE AS MANY YOUNG STUDENTS THERE.

THAT'S GENERALLY IN WEST CAMPUS.

WE WOULD WE SAY THAT THE DEMOGRAPHICS ARE OLDER, MAYBE YOUNG PROFESSORS OR TEACHING ASSISTANTS? LIKE WHAT WOULD WE EXPECT TO SEE HERE? MY GUESS WOULD BE, UM, THAT IS ACCURATE.

UH, I MEAN, REALISTICALLY BY THE TIME YOU FACTOR IN THE COST OF LAND CONSTRUCTION AND, AND ALL OTHER THINGS, ALSO, IT'S QUITE A BIT MORE EXPENSIVE TO RESTORE, UH, AN EXISTING STRUCTURE.

AND SO ONCE YOU FACTOR IN ALL THOSE COSTS, REALISTICALLY THE END RESULT IS NOT LIKELY TO BE SOMETHING THAT A STUDENT COULD AFFORD.

ABSOLUTELY.

AND SO THEN, JUST TO CONFIRM, THE BLUE HOUSE THAT'S AVAILABLE, YOU CAN SEE ON GOOGLE MAPS, UH, EVERY PLANNING COMMISSIONER'S FAVOR TOOL, UM, ON THE FRONT IS GOING TO STAY.

AND THIS IS REALLY JUST FIGURING OUT WHAT ELSE WOULD BE DONE WITH THAT LOT.

IS THAT ACCURATE? THAT'S CORRECT, YES.

OKAY.

AND SO THEN REALLY AGAIN, THE MF THREE DOES ALLOW US TO HAVE A LITTLE BIT MORE FLEXIBILITY

[01:30:01]

IN WHAT IS BUILT AND HOW IT'S BUILT AND POTENTIALLY SAVES MORE TREES AND ALLOWS A BETTER LEVEL OF IMPERVIOUS COVER? CORRECT.

OKAY.

AND THEN JUST ONE FINAL QUESTION HERE.

UM, LEE ELEMENTARY IS JUST DOWN THE STREET.

IT'S AN EXCELLENT SCHOOL.

WE KNOW OUR SCHOOLS ARE STRUGGLING.

WOULD WE HAVE THE EXPECTATION THAT THERE MIGHT ACTUALLY BE YOUNG FAMILIES LIVING IN THIS, THIS PARTICULAR OF YOUR THREE BEDROOMS? THAT WOULD BE THE HOPE.

YEAH, THAT WOULD BE GREAT.

THANK YOU.

THOSE ARE MY QUESTIONS.

THANK YOU.

AND TO ANSWER COMMISSIONER ANDERSON'S QUESTION, UM, YES, THE, THE APPLICANT IS, IS WILLING TO, TO MAKE THAT HAPPEN.

EXCELLENT.

THANK YOU.

YEP.

THANK YOU.

COMMISSIONER MAXWELL.

COMMISSIONER POWELL.

YEAH.

UM, QUESTION FOR THE APPLICANT AS WELL.

SO CAN YOU SPEAK TO THE I IS WHAT THE DAYLIGHT IS BETWEEN THE STAFF RECOMMENDATION WITH THE CEO VERSUS THE REQUEST WITHOUT THE CEO AND, UH, WHAT CHANGE THAT WOULD OR WOULDN'T RESULT IN FOR THE SITE PLAN? SO CURRENTLY THE CEO IS TO LIMIT DENSITY TO SIX UNITS.

AND UNDER THOSE SIX UNITS, IT'S LIKELY TO BE TWO, TWO PLUS BEDROOM UNITS, WHICH IS WHAT, UM, I INDICATED IN THE, THE LETTER THAT I SUBMITTED WITH THE ZONING APPLICATION.

UM, SINCE THE TIME OF THE ZONING APPLICATION SUBMITTAL, THERE'S BEEN GREATER LOOK AT THE PROPERTY THROUGH THE LENS OF AN SF THREE SCENARIO UNDER HOME ONE AND HOME TWO, AS WELL AS, UM, THE POSSIBILITY OF WHAT IF THERE WERE A DIFFERENT BEDROOM MIX AND NOT JUST TWO PLUS BEDROOM UNITS, WHAT IF SOME OF THOSE UNITS COULD BE A ONE BEDROOM? AND IN, IN DOING THAT, IT MADE MORE SENSE TO NOT LIMIT THE DENSITY, ESPECIALLY WHEN WE'RE TALKING ABOUT A MAXIMUM, UH, DENSITY, UH, IN TERMS OF UNITS TO BE 11 EFFICIENCIES.

BUT AGAIN, I DON'T THINK THE MARKET SUPPORTS EFFICIENCIES HERE, SO.

GOT IT.

THANK YOU.

AND THEN I HAVE A QUESTION FOR, UH, THE NEIGHBORHOOD.

I THINK IT'D BE MR. DE HARDCORE APOLOGIES IF I MISPRONOUNCE THAT.

THANK YOU.

SO, UM, GIVEN, YOU KNOW, THIS IS FOLLOWING UP ON COMMISSIONER ANDERSON'S QUESTION AS WELL.

UM, GIVEN THAT NOW WE'RE HEARING SOME WILLINGNESS, IF THIS MOVE FORWARD TO C CITY COUNCIL, WOULD Y'ALL BE WILLING AS WELL TO COME TO THE TABLE, HAVE SOME CONVERSATIONS WITH THE OWNER AND KEEP TRYING TO IMPROVE IT? ABSOLUTELY.

WE'RE, WE'RE ABOUT TO FINISH A CONDITION, UH, A RESTRICTIVE COVENANT WITH ANOTHER CLIENT REPRESENTED BY THOROUGH DESIGN.

UH, WE'RE, WE'RE ABLE AND WILLING TO, UH, TO DISCUSS, THE ONLY CONCERN IS WE'LL HAVE TO MAKE SURE THAT WE DONATE UP IN THE SITUATION WHERE THE OWNER, UH, TALKS, WHICH IS ALREADY MUCH BETTER THAN WHAT WE HAVE NOW, BUT, UH, DOESN'T LISTEN BASICALLY.

ABSOLUTELY.

THANK YOU.

THAT'S ALL MY QUESTIONS.

THANK YOU, COMMISSIONER POWELL.

ANY OTHER QUESTIONS FROM COMMISSION? I'LL, I'LL TAKE ONE.

UM, MY QUESTIONS ALSO FROM MR. HARCOURT, WHICH IS, IF YOU, IF WE POSTPONE THIS CASE, WHAT INFORMATION WOULD YOU NEED AS A NEIGHBORHOOD ASSOCIATION TO FEEL COMFORTABLE HEARING IT AGAIN AND MOVING FORWARD? WHAT QUESTIONS WOULD YOU HAVE? WE'D LIKE TO LOOK AT THE CONDITIONAL OVERLAY AND SEE IF, MAKE SURE THAT WE CAN GET SOMETHING THAT CORRESPONDS TO WHAT THE DEVELOPER MIGHT WANT.

AND, UH, ALSO, UH, PROTECTS THAT INTERSECTION MOSTLY.

AND WE'D LIKE TO SEE IF THERE'S OTHER THINGS WE CAN DO TO, TO ENSURE THAT THE, THE IN IMPACT ON, UH, ON SAFETY IS NOT TOO LARGE, BASICALLY.

UH, YEAH.

AND THE IDEA WOULD BE TO COME BACK WITH, UH, EITHER SUPPORT IF WE HAVE A TOTAL AGREEMENT OR TAKE ANOTHER VOTE.

BY THE WAY, I WANT TO ADDRESS ONE THING THAT WAS TALKED ABOUT BEFORE THERE WAS A VOTE AT, AT, UH, IN THE NEIGHBORHOOD, BUT WHERE, WHERE THE WITHOUT ADVANCE NOTICE TO THROW A DESIGN.

BUT, YOU KNOW, WE'RE A DEMOCRATIC INSTITUTION AS, AS A CHAIR OF THE MEETINGS, WHEN PEOPLE PROPOSE A VOTE, I JUST RUN THE VOTE.

AND AFTER, AFTER THAT MEETING, WE REACHED OUT TO TRY TO GET A MEETING AND DIDN'T GET IT.

THANK YOU, MR. HARCOURT.

AND, AND I WANNA ASK WHETHER YOU FEEL LIKE THREE WEEKS OF POSTPONEMENT TO OUR NEXT MEETING ON OCTOBER 14TH WOULD GIVE YOU ENOUGH TIME TO HAVE THAT CONVERSATION WITH THE LANDOWNER, ASSUMING THAT THEY'RE, IT SOUNDS LIKE THEY'RE ASSUMING THEY'RE AVAILABLE, WE, WE HAVE TIME KEEPING IN MIND THAT, UH, AS YOU HEARD BEFORE, OUR OUR PRIMARY ASK WOULD BE TO DENY THE APPLICATION TO, TO, UH, UNDERSTOOD PROPOSE IF, IF POSSIBLE.

UM, AND I WANNA ASK THE APPLICANT THE SAME QUESTION.

WOULD A A THREE WEEK POSTPONEMENT TO OUR OCTOBER 14TH MEETING GIVE YOU AND THE LANDOWNER TIME TO WORK WITH THE NEIGHBORHOOD ON THIS? WE WILL CERTAINLY TRY OUR BEST.

YEAH.

THANK YOU.

OKAY.

I HAVE NO FURTHER QUESTIONS AND IT LOOKS LIKE WE HAVE NO FURTHER QUESTIONS FROM THE COMMISSION, SO I AM LOOKING FOR A MOTION ON THIS ITEM.

SURE.

COMMISSIONER ANDERSON.

THANK YOU.

MOVE FORWARD WITH APPLICANT PROPOSAL.

CAN YOU CLARIFY WHETHER THAT INCLUDES THE CO IT DOES

[01:35:01]

NOT.

I BELIEVE THAT'S THE STAFF RECOMMENDATION.

UNDERSTOOD.

OKAY.

UM, MOTION FOR APPLICANT REQUEST FROM COMMISSIONER ANDERSON.

SECONDED BY COMMISSIONER MAXWELL.

COMMISSIONER ANDERSON, WOULD YOU LIKE TO SPEAK TO YOUR MOTION? I DO.

YEAH.

SO I, I CAN'T HELP BUT TO NOTICE THAT THERE ARE TWO ROWS OF UT STUDENTS IN THE ROOM TODAY, AND WE ALSO DIDN'T HEAR ANY OPPOSITION FROM UT STUDENTS.

YOU KNOW, I FEEL THERE'S ALMOST TOO MANY WITNESSES TO VOTE NO ON HOUSING UNITS THAT ARE DESPERATELY NEEDED IN A VERY AMAZING AREA THAT ARE GONNA BE MUCH MORE AFFORDABLE AND ATTAINABLE FOR STUDENTS.

AND I UNDERSTAND THAT THERE'S ALWAYS A FEAR OF NEW HOUSING, THERE'S A FEAR OF STUDENTS IN SOME PLACES, AND I DO NOT HAVE THAT FEAR.

I THINK THIS PLACE WILL BE ALL BETTER FOR HAVING SOME MORE HOMES AND SOME MORE STUDENTS AND SOME MORE VITALITY.

AND I'M VERY OKAY WITH LEGALIZING AND HAVING MORE SMALL UNITS BE BUILT IN THIS AMAZING LOCATION.

AND I WISH THE GOODNESS THAT WE COULD DO THIS IN MANY MORE PLACES, BUT WE ARE ONLY VOTING ON THESE CASES TONIGHT.

SO HAPPY TO SUPPORT THIS AND HOPE IT PASSES.

THANK YOU, COMMISSIONER ANDERSON.

ANYONE SPEAKING AGAINST THE MOTION? ANYONE ELSE SPEAKING FOR? ALL RIGHT, LET'S GO AHEAD AND TAKE A VOTE.

THOSE IN FAVOR? OKAY.

THOSE AGAINST AND ABSTAINING.

OKAY.

I HAVE 7 1 1, WHICH I THINK MAYBE IS ONE TOO MANY.

SO, SORRY.

I'M SORRY.

I'M GONNA ASK FOR THAT VOTE AGAIN.

I'M SORRY.

THOSE IN FAVOR.

1, 2, 3, 4, 5, 6, 7.

THOSE AGAINST AND THOSE ABSTAINING.

OKAY.

APOLOGIZE.

I HAD THE CORRECT AMOUNT.

THAT MOTION PASSES 7 1 1 WITH COMMISSIONER SKIDMORE AGAINST AND COMMISSIONER AHMED ABSTAINING.

THANK YOU TO ALL OF OUR SPEAKERS THIS EVENING.

OKAY, THAT ENDS OUR PUBLIC HEARING CASES.

LET'S MOVE ON TO ITEM 13

[13. Discussion and action on a recommendation to City Council to amend Title 25 to modify the language in DB90 and DBETOD that prohibits non-residential space above certain floors. (Sponsored by Parliamentarian Ahmed and Commissioner Powell)]

IN OUR DISCUSSION AND ACTION ITEMS. THIS IS DISCUSSION AND ACTION ON A RECOMMENDATION TO CITY COUNCIL TO AMEND TITLE 25 TO MODIFY THE LANGUAGE IN DB 90 AND DBE TODD THAT PROHIBITS NON-RESIDENTIAL SPACE ABOVE CERTAIN FLOORS.

THIS WAS BROUGHT TO US BY COMMISSIONER AHMED, WOULD YOU LIKE TO SPEAK TO THIS A LITTLE BIT, COMMISSIONER? AND THEN WE'LL OPEN IT UP TO QUESTIONS FROM THE COMMISSIONER ON THIS ITEM.

ABSOLUTELY CHAIR.

I'D LOVE TO.

UM, IT HAD COME TO OUR ATTENTION AS A COMMISSION THAT OUR CURRENT DENSITY PROGRAMS, INCLUDING DB 90 AND DBE TODD, ARE OVERLY RESTRICTIVE WHEN IT COMES TO ACCOMMODATING PROJECTS THAT INCLUDE NON-RESIDENTIAL UNITS, UH, SORRY, NON-RESIDENTIAL USES.

SEVERAL GREAT MIXED USE PROJECTS AROUND THE CITY, PARTICULARLY OUTSIDE OF DOWNTOWN, WOULD NOT BE ABLE TO UTILIZE THESE DENSITY PROGRAMS TODAY BECAUSE OF THESE, UH, RESTRICTIONS.

UH, AND HERE ARE A FEW EXAMPLES OF THOSE.

UH, SO ONE IS THE ARNOLD, UH, WHICH IS, UH, I BELIEVE, UH, THERE'S THREE EXAMPLES.

I HAVE, UH, TWO OF THEM ARE IN 7 8, 7 0 4 SOUTH AUSTIN.

ONE IS IN EAST AUSTIN.

UH, BUT I, I KNOW WITH THE ARNOLD IT'S BECAUSE OF MULTIPLE STORIES OF OFFICE ON THE SAME SITE AS A RESIDENTIAL OFFICE, UH, UH, UH, ON THE SAME SITE AS THE, UH, RESIDENTIAL UNIT, SORRY.

UH, THERE'S THE LAUREN BECAUSE OF, UH, THE HOTEL AND ROOFTOP RESTAURANT IN THE SAME BUILDING AS RESIDENTIAL UNITS AND THE MUSE BECAUSE OF MULTIPLE FLOORS OF COMMERCIAL, INCLUDING A EQUINOX GYM ON THE SAME, UH, SITE AS RESIDENTIAL USES, UH, RESIDENTIAL UNITS.

OUR FOCUS OVER THE LAST FEW YEARS ON CREATING DENSER HOUSING ON MAJOR URBAN TRANSIT HEAVY CORRIDORS IN AUSTIN HAS BEEN GREAT.

AND I THINK IT'S BORNE A LOT OF FRUIT, BUT I BELIEVE IT'S TIME TO ALSO INCENTIVIZE DEVELOPERS TO BUILD MORE DENSITY FOR NON-RESIDENTIAL USES IN THESE CORRIDORS.

USES THAT ADD VALUE FOR THE RESIDENCES IN THE AREA AND CREATE MORE VIBRANT COMMUNITIES.

UH, WE ARE ALREADY DOING THIS IN DOWNTOWN, SO WHY NOT ELSEWHERE HAVING OFFICE SPACES, GYMS, BARBERSHOPS, AND RESTAURANTS, UH, INTERSPERSED WITH RESIDENTIAL UNITS ALLOWS RESIDENTS TO TRULY LIVE, WORK AND PLAY IN THEIR COMMUNITIES WITHOUT HAVING TO GET INTO A CAR.

AND SO THE PURPOSE OF THIS MOTION IS REALLY TO HAVE THE CITY, UH, CONSIDER THIS AS THEY'RE LOOKING TO REWORK DENSITY PROGRAMS IN RESPONSE TO SB EIGHT 40.

THANK YOU, COMMISSIONER.

SORRY TO INTERRUPT.

WE DO HAVE THIS SPEAKER THAT SIGNED UP, UM, BAILEY HARRINGTON AS A PRIMARY SPEAKER.

THANK YOU MS. BROWN.

MR. HARRINGTON, FIVE MINUTES.

FEEL FREE TO COME ON UP.

GOOD EVENING EVERYONE.

MY NAME IS BAILEY HARRINGTON.

I'VE BEEN IN REAL ESTATE FOR MORE THAN 10 YEARS.

FIRST AS A CIVIL ENGINEER AND NOW AS A REAL ESTATE DEVELOPER.

TODAY I'M HERE AS A INDIVIDUAL PRIVATE CITIZEN.

HOWEVER, DURING THAT TIME, I'VE DEVELOPED A PASSION FOR

[01:40:01]

URBAN INFILL AND MIXED USE DEVELOPMENTS BECAUSE THEY CREATE A CONNECTED, WALKABLE PLACE THAT MAKES AUSTIN STRONGER AND MORE LIVABLE AND MORE VIBRANT.

I WANNA THANK YOU FOR PLACING ON TONIGHT'S AGENDA RECOMMENDATION THAT COUNCIL REVISITS SECTIONS 25 2 6 54 OF DBE TODD AND SECTION 25 2 6 52 OF DB 90, BOTH OF WHICH PROHIBIT NON-RESIDENTIAL USES ABOVE CERTAIN FLOORS IN THEIR RESPECTIVE DENSITY PROGRAMS. I'M HERE SPECIFICALLY TO SPEAK IN STRONG SUPPORT OF THAT RECOMMENDATION AS WRITTEN, BOTH DB 90 AND DBE TODD WOULD BLOCK PROJECTS THAT AUSTIN HAS PREVIOUSLY APPROVED AND CELEBRATED MIXED USE DEVELOPMENTS THAT COMBINE HOUSING WITH OFFICES, HOTELS, GYMS, AND RESTAURANTS IN WAYS THAT STRENGTHEN OUR URBAN CORE.

DDE TODD IS PARTICULARLY PROBLEMATIC BECAUSE IT APPLIES TO THIS RESTRICTION AT AN ENTIRE SITE LEVEL WITHOUT ACCOMMODATING ACCESSORY USES, WHICH UNINTENTIONALLY IMPACTS PROJECTS WITH MULTIPLE BUILDINGS OR INTEGRATED USES.

BUT TO BE CLEAR, BOTH OVERLAYS CREATE UNNECESSARY BARRIERS BASED ON THIS RESTRICTION.

YOU'VE ALREADY HEARD THIS EVENING ABOUT A FEW HIGH PROFILE PROJECTS AROUND AUSTIN THAT SUCCESSFULLY MIX COMMERCIAL AND RESIDENTIAL USES.

THESE BUILDINGS AND SITES WERE APPROVED, BUILT, AND TODAY ARE FUNCTIONING WELL WITHIN THE CITY'S FABRIC.

AND THERE'S JUST A FEW EXAMPLES.

THERE ARE MANY MORE ACROSS AUSTIN THAT NOT ONLY SUCCEED, BUT HAVE DELIVERED EVEN MORE GREATER DENSITY AND COMMUNITY BENEFITS IF THEY HAD BEEN AFFORDED THE FLEXIBILITY AND INTENT.

THESE ORDINANCES WERE DESIGNED TO ENCOURAGE, I UNDERSTAND THE ORIGINAL PURPOSE OF THESE SECTIONS WAS TO PREVENT POTENTIAL TOKEN RESIDENTIAL PROJECTS FROM ACCESSORY ACCESSING BONUSES WITHOUT DELIVERING MEANINGFUL COMMUNITY VALUE.

BUT AUSTIN HAS ALREADY SHOWN THROUGH OVERLAYS LIKE THIS ALT TOD, THAT THERE ARE ALTERNATIVE WAYS TO ACHIEVE THESE BENEFITS GOING FORWARD.

I WOULD ENCOURAGE MAKING SIMILAR OPTIONS AVAILABLE THROUGH AN ADMINISTRATIVE PROCESS AT THE STAFF LEVEL IN BOTH DBE TODD AND DB 90.

THIS WOULD AVOID UNNECESSARY COUNCIL APPROVALS, REDUCE BURDEN ON STAFF AND THE PUBLIC, AND PROVIDE PREDICTABILITY FOR PROJECTS WHILE STILL ENSURING THAT COMMUNITY RECEIVE A FAIR SHARE OF BENEFITS AND VALUE BY MOVING FORWARD ON THIS ISSUE TO COUNCIL, YOU'RE HELPING ENSURE THAT CODE SUPPORTS RATHER THAN HINDERS THE KIND OF MIXED USE OUTCOMES AUSTIN IS ASKING FOR IN THESE CRITICAL MODES, TRUE LIVE, WORK AND PLAY ENVIRONMENTS.

IT'S ABOUT ALIGNING POLICY WITH PRACTICE SO THAT THE CITY AND DEVELOPERS CAN DELIVER HOUSING AND PLACEMAKING IN THESE DISTRICTS IN AUSTIN AS A WHOLE.

THANK YOU.

THANK YOU, MR. HARRINGTON.

UH, AND WE MAY HAVE SOME QUESTIONS FOR YOU, SO PLEASE STAY CLOSE, .

OKAY.

SO, UH, I'M SORRY WE WENT A LITTLE BIT OUT OF ORDER THERE, BUT LET'S GO AHEAD AND TAKE A VOTE TO NOW CLOSE THE PUBLIC HEARING.

UNLESS CONFIRMING THAT WE HAVE NO FURTHER SPEAKERS, MS. BROWN, NO FURTHER SPEAKERS, BUT ALSO IF HE WANT US TO PULL UP THE LANGUAGE RECOMMENDATION IN THE FILE, WE CAN DO THAT AS WELL.

YES, PLEASE.

THANK YOU.

SO I'M LOOKING FOR A MOTION TO SECOND TO CLOSE THE PUBLIC HEARING MOTION FROM COMMISSIONER ANDERSON, SECONDED FROM COMM SECOND BY COMMISSIONER POWELL.

WITHOUT OBJECTION, THE PUBLIC HEARING IS CLOSED.

AND YES, LET'S PLEASE PULL UP THE MOTION LANGUAGE.

AND WE'VE HEARD FROM COMMISSIONER AHMED KIND OF A LITTLE BIT OF BACKGROUND ON THIS.

UH, DO ANY COMMISSIONERS HAVE QUESTIONS? I THINK LET'S GO WITH OUR USUAL RULES ON THIS EIGHT AT FIVE.

UM, UNLESS THERE'S ANY OBJECTION, UH, ANY COMMISSIONERS WITH QUESTIONS FOR COMMISSIONER AHMED OR MR. HARRINGTON OR STAFF? YES, COMMISSIONER POWELL.

UH, QUICK QUESTION FOR MR. HARRINGTON.

AND SO, UH, YEAH, SOMEONE WHO CO-SPONSORED THIS.

FIRST OFF, WANNA THANK YOU FOR BRINGING THIS UP AND, UH, SERVICING THIS ISSUE.

I ALSO WANTED TO ASK, YOU KNOW, OUTSIDE OF AUSTIN, WHEN YOU'RE THINKING DIFFERENT CITIES AROUND THE COUNTRY OR AROUND THE WORLD, WERE THERE SOME OTHER PLACES YOU HAD IN MIND OF LIKE, GREAT EXEMPLARS OF THIS TYPE OF DEVELOPMENT? I MEAN, HONESTLY, SO I I AM DOING WORK OUTSIDE THE CITY OF AUSTIN RIGHT NOW IN A BUNCH OF DIFFERENT CITIES.

I MEAN, YOU COULD THINK AS DENSE AS NEW YORK CITY, RIGHT? UM, YOU COULD THINK SAN FRANCISCO, YOU COULD THINK REALLY ANY MAJOR CITY WHEN YOU CREATE THESE NODES AND TO, TO LIMIT COMMERCIAL USES WITH RESIDENTIAL, JUST IT, IT REALLY STYMIES THAT LIVE WORK ENVIRONMENT.

IT STYMIES WHAT THE CITY'S TRYING TO DO WITH EAD BECAUSE IT FORCES PEOPLE TO NEED CARS, UH, TO GO PLACES THAT OTHERWISE THEY MIGHT BE ABLE TO HAVE FLEXIBILITY TO STAY LOCAL, WHETHER IT'S THEIR OFFICE, UH, A HOTEL FOR FAMILIES STAYING THERE, UM, GROCERY STORES, ET CETERA.

AND, AND SO THERE, THERE CAN BE LIMITATIONS ON DENSITY AND THINGS LIKE THAT, BUT TO PUT THIS SPECIFIC RESTRICTION REALLY LIMITS WHERE A DEVELOPER OR PROJECT CAN DO ON THE ETON.

OH, ABSOLUTELY.

AND THEN, YOU KNOW, FROM YOUR EXPERIENCE WITH THE INDUSTRY, ARE YOU SEEING SOME DEMAND AND POT, YOU KNOW, GOOD AMOUNT OF POTENTIAL TENANTS FOR RETAIL OR OTHER USES ON OTHER THAN JUST THE GROUND FLOOR? IS THERE KIND OF A THIRST FOR THAT IN THE COMMUNITY? SO I, I'LL TAKE JUST A, A HOTEL FOR EXAMPLE, RIGHT NOW IN, IN THE UNITED STATES,

[01:45:01]

IF YOU'RE GOING TO CAPITALIZE AND BUILD A HOTEL, YOU MUST HAVE TO BUILD WHAT THEY CALL SERVICE RESIDENTIAL, WHICH IS SOME SORT OF CONDO OR RESIDENTIAL COMPONENT WITH THE HOTEL.

IT HELPS LOWER YOUR BASIS AND YOUR, YOUR RISK WHEN IT COMES TO A MIXED USE HOTEL ENVIRONMENT.

IN DPE TODD, THE WAY IT'S WRITTEN, A RESIDENTIAL OR COMMERCIAL USE CAN'T EXIST OUTSIDE TWO FLOORS.

AND SO IF I'M GONNA DO A SERVICE RESIDENTIAL HOTEL AND CONDO, WHERE AM I SUPPOSED TO PUT THE HOTEL? IF I CAN ONLY PUT COMMERCIAL USES ON LEVELS ONE AND TWO AND BY CITY CODE A HOTEL IS A COMMERCIAL USE.

AWESOME, THANK YOU.

THOSE ARE ALL MY QUESTIONS.

THANK YOU COMMISSIONER POWELL.

OTHER COMMISSIONERS WITH QUESTIONS, COMMISSIONER MAXWELL.

SO I'M GONNA GO BACK IN TIME TO WHEN WE TALKED ABOUT DVE TODD IN THIS BODY, AND IT WAS VERY LATE AT NIGHT WHEN WE HAD THIS CONVERSATION.

AND I, I JUST WANNA CLARIFY BECAUSE I DON'T THINK THAT WHEN WE TALKED ABOUT THIS, UH, PARTICULAR ASPECT, THERE WAS A GENERAL CONSENSUS THAT ADDING ADDITIONAL COMMERCIAL USES INTO DB TODD WAS EXACTLY THE POINT OF THAT'S WHY IT'S EQUITABLE TRANSIT ORIENTED DEVELOPMENT, IS WE WANTED SOMETHING THAT WAS MORE THAN JUST HOUSING THAT LIVE WORK AND PLAY THAT YOU REFERENCED.

AND I GUESS I'M CURIOUS HOW WE ENDED UP IN THIS PLACE WHERE THAT DOESN'T SEEM TO BE WHAT WE GOT , AND I UNDERSTAND THAT THERE'S SOME STAFF INTERPRETATIONS AND THINGS LIKE THAT.

SO IF YOU COULD MAYBE EXPLAIN WHY WE SORT OF COMMITTED TO THIS AS A CITY AND THEN MAYBE WHAT YOU'RE SEEING ON THE GROUND AND WHERE THAT DISCONNECT MIGHT BE COMING FROM.

UH, THAT, THAT'S A BIG QUESTION.

.

UM, I THINK THE ONLY THING I CAN THINK OF IS THAT, UM, AT THE TIME, REFLECTING BACK ON WHAT AUSTIN WAS A FEW YEARS AGO, THE, THE MAIN LASER FOCUS AND IT, YOU KNOW, JUSTIFIABLY WAS HOUSING.

AND I, I THINK THIS MAYBE JUST SLIPPED THROUGH THE CRACKS.

I DIDN'T READ ALL THE OLD MINUTES.

THAT'S JUST MY OWN PERSONAL, YOU KNOW, GUESS.

AND I THINK IT WAS AN UNINTENDED CONSEQUENCE OF TRYING TO PUT A LEFT AND RIGHT LIMIT ON A SITE TO MAKE SURE THAT THEY DELIVERED HOUSING.

BUT LIKE I SAID, SALTILLO IS A GREAT EXAMPLE OF WHERE YOU CAN DO DENSITY BONUSES THAT DON'T NECESSARILY REVOLVE AROUND HOUSING.

UH, WE DID THAT ON, I BELIEVE IT WAS THE CENTRAL PROJECT WHERE THEY PAID INTO AFFORDABLE HOUSING AND THAT HAD TO GO TO COUNCIL, WHICH ADDS A LAYER OF COMPLEXITY AND RELIABILITY.

AND EO IS MUCH BIGGER THAN SALTILLO.

AND SO I, YOU KNOW, THERE'S PATH FORWARD IF IF STAFF OR YOU KNOW, COUNCIL OR THE COMMISSION IS CONCERNED THAT SOMEBODY MAY COME AND JUST PUT TWO RESIDENTIAL UNITS TO GET UNLIMITED FAR, UH, IF YOU WANT PUT GUARDRAILS ON THERE, BUT STY MEAN ANY KIND OF COMMERCIAL USE ABOVE EFFECTIVELY THE SECOND FLOOR.

IT JUST, I DON'T THINK THAT THAT'S A REASONABLE OR REALISTIC APPROACH.

AND SOMEBODY WANTING TO DO THAT NOW HAS TO, WOULD HAVE TO DO ANOTHER PUD OR L-I-P-D-A TO COME IN AND IT'S JUST, YOU KNOW, MORE WORK FOR YOU GUYS I GUESS.

BUT, UH, WHICH IS ACTUALLY MY NEXT QUESTION.

ONE OF THE EXAMPLES THAT WAS REFERENCED IS THE LAUREN, WHICH I THINK FOLKS WHO ARE A REGULAR TOWN LAKE OR LADY BIRD LAKE WALKERS WILL BE FAMILIAR WITH.

IT'S A HOTEL, THERE'S A BAR AND RESTAURANT, AND THEN THERE'S ACTUALLY, UM, A A TO YOUR POINT, HOUSING IN THE FORM OF CONDOS THAT'S ALL ON ONE SIDE.

AND THAT WAS DONE THROUGH THE PUT PROCESS.

AND I KNOW THAT WAS QUITE A COMPLEX PROJECT COME TOGETHER.

AND I THINK THAT CONCERNS ME BECAUSE EVERY WEEKEND WHEN I'M OUT BY LADY BIRD LAKE, I SEE A LOT OF FOLKS IN THAT COFFEE SHOP, A LOT OF VISITORS IN THE HOTEL MM-HMM .

AND OBVIOUSLY THE FOLKS WHO LIVE IN THOSE RESIDENCES.

SO I GUESS I'M CURIOUS, LIKE THE PUD PROCESS IS NOT NECESSARILY THE SOLUTION WE'RE LOOKING FOR HERE.

WE SHOULD BE ALLOWING THAT MORE IN A MORE STREAMLINED WAY.

CORRECT.

I I WOULD AGREE WITH THAT A HUNDRED PERCENT.

IT PROVIDES PREDICTABILITY WHEN SOMEBODY IS UNDERWRITING A SITE OR IF THEY'RE MOVING TO A CITY AND THEY WANT TO KNOW WHAT THEY CAN LIVE NEXT TO.

THEY KNOW THAT IF YOU'RE IN THE EOD, YOU CAN DO X, Y, AND Z.

WHEREAS IF SOMEBODY COMES THERE 10 YEARS FROM NOW WANTS TO BUILD A SITE AND THEY HAVE TO DO A PUD, THEN EVERYBODY'S KIND OF MAD AT EACH OTHER BECAUSE IT'S AN UNKNOWN, IT'S A REZONE, THIS SETS THE STAGE, EVERYBODY KNOWS THE RULES.

UM, AND IT'S, IT'S A CLEAR, PREDICTABLE ENVIRONMENT.

GREAT.

THANK YOU FOR YOUR EXPERTISE.

THANKS COMMISSIONER MAXWELL AND THE OTHER COMMISSIONERS WITH QUESTIONS ON THIS ITEM.

AND, UH, COMMISSIONER BARRER RAMIREZ, I'M NOT SURE IF, IF YOU'RE ABLE TO SPEAK, BUT WE COULDN'T SEE YOU FOR A SECOND, SO I JUST WANTED TO MAKE SURE THAT YOU COULD SPEAK UP IF YOU DID HAVE A QUESTION SO WE WE'RE NOT HEARING YOU.

I'M SORRY, .

UM, OKAY.

HEARING NO FURTHER QUESTIONS.

UM, COMMISSIONER AHMED, WOULD YOU LIKE TO MAKE YOUR MOTION AS, UH, AS WRITTEN AND MAYBE WE CAN, I'M SORRY, COULD WE PULL THAT BACK UP ONCE MORE PLEASE? AND THEN WE'LL LOOK FOR A SECOND? YEAH, ABSOLUTELY.

I'D LIKE TO MAKE THE MOTION, UH, AS UH, SPECIFIED HERE ON THE SCREEN.

UH, WOULD YOU LIKE ME TO READ IT OUT OR? YEP.

YES, PLEASE.

OKAY.

AS THE CITY WORKS TO UPDATE ITS CITYWIDE DENSITY BONUS PROGRAMS, INCLUDING DB 90 AND DBE TODD AND WORKS TO CREATE MIXED USE TRANSIT ORIENTED ZONES, ENSURE THAT THE FOLLOWING IS POSSIBLE NON-RESIDENTIAL PROJECTS OUTSIDE OF DOWNTOWN CAN USE DENSITY PROGRAMS TO ACHIEVE THE SAME HEIGHT AS RESIDENTIAL PROJECTS WITHOUT LENGTHY PUD PROCESSES.

[01:50:01]

AND SECOND MIXED USE PROJECTS OUTSIDE OF DOWNTOWN CAN UTILIZE DENSITY PROGRAMS WITH THE FLEXIBILITY TO HAVE NON-RESIDENTIAL USES ON VARIOUS FLOORS AND IN VARIOUS CONFIGURATIONS WITH RESIDENTIAL.

THANK YOU COMMISSIONER AHMED, SECONDED BY COMMISSIONER POWELL.

UM, I KNOW YOU'VE ALREADY SPOKEN TO THIS AT LENGTH.

IS THERE ANYTHING FURTHER YOU WANNA SPEAK TO IN SUPPORT? NO, NOT AT THIS TIME.

.

ALL RIGHT.

UH, ANYONE SPEAKING AGAINST THE MOTION ? COMMISSIONER POWELL, WOULD YOU LIKE TO SPEAK IN SUPPORT? YES.

SO, UM, YOU KNOW, I WAS EXCITED TO CO-SPONSOR THIS AND THANK YOU TO COMMISSIONER AHMED FOR ACTUALLY DOING THE PHONE CALLS AND TAILORING THE LANGUAGE OF GETTING IT ON HERE AND FOR STAFF AND FOR CHAIR WORKING ALONGSIDE THIS.

AND I WANNA SAY THERE'S TWO REAL REASONS WHY I THINK THIS IS A, A FANTASTIC THING FOR US TO EXPLORE AND DIG INTO, UH, WITHIN DB 90 AND DBE E TODD.

ONE REASON IS FOR HOW MUCH, YOU KNOW, CONTROVERSY, DISAGREEMENT, THERE'S BEEN OVER DENSITY BONUSES IN THESE SPECIFIC DENSITY BONUSES.

I DON'T FEEL THAT IT'S ACTUALLY BEEN A LARGE OUTCRY FROM THE COMMUNITY OF WHERE THAT COMMERCIAL IS LOCATED.

IN FACT, I FEEL I FELT THE OPPOSITE THROUGHOUT ALL OF THIS PROCESS.

PEOPLE RECOGNIZE WHEN YOU'RE BUILDING BUILDINGS TALL, WHY NOT HAVE MORE COMMERCIAL FLEXIBILITY, CREATE SOME MORE THRIVING ECOSYSTEMS JUST EVEN WITHIN ONE BUILDING.

SO THAT'S ONE PIECE.

AND THEN THE OTHER PIECE IS, UH, MR. HARRINGTON MENTIONED A FEW OF THE, YOU KNOW, CITIES OUTSIDE OF AUSTIN.

I ALSO WANT TO JUST ENCOURAGE US TO THINK BIG AND DREAM BIG ON THIS AND MENTION TOKYO, RIGHT? A CITY WHERE YOU'LL HAVE ON THE 30TH FLOOR OF A MASSIVE EVENT.

THIS IS NOT THAT MASSIVE, BUT YOU KNOW, THE 30TH FLOOR OF A MASSIVE BUILDING, A RAMEN SHOP OR A TEA SHOP NEXT TO A UNIT VERSUS RETAIL VERSUS ALL THIS, THOSE ARE THRIVING ENVIRONMENTS FOR FOLKS TO LIVE INSIDE OF.

THOSE ARE THE TYPES OF PLACES WHERE I FEEL IF WE'RE BUILDING HIGHER FOR MAKING THOSE INVESTMENTS AND BUILDING DENSITY, LET'S ALSO BUILD SOME OPPORTUNITIES FOR COMMUNITY BUILDING, COMMERCIAL AND OTHER AMENITIES FOR THOSE RESIDENTS.

AND THE LAST THING I'LL SAY ON THAT FRONT IS THAT IT ALSO GOES INTO THE IDEA OF RETROFITTING IF WE DON'T DO THIS, BECAUSE WHEN YOU BUILD A BUILDING IN A VERY SPECIFIC WAY WITH LET'S SAY GROUND FLOOR, COMMERCIAL RESIDENTIAL ON TOP TO THEN GO BACK IN AND LET'S SAY 10, 15, 20 YEARS, WE HAVE BETTER FLEXIBILITY AT THOSE OTHER FLOORS THAT HAS HVAC IMPLICATIONS, THAT HAS PLUMBING IMPLICATIONS.

AND IT GETS US SOMETHING THAT I'VE HEARD A TON OF THROUGHOUT THE COMMUNITY, WHICH IS THE IDEA THAT WE HAVE A BUNCH OF OFFICE BUILDINGS WITH A BUNCH OF OPEN SPACE.

WHY CAN'T WE JUST TURN THIS INTO HOUSING? OR WHY CAN'T WE JUST ADD SOME SORT OF COMMUNITY RESOURCE THERE? IT'S NEVER THAT SIMPLE COMPARED TO WHEN YOU JUST DEVELOP THE THING WITH THE OPPORTUNITIES BUILT INTO IT.

SO I JUST WANNA SAY I ENTHUSIASTICALLY SUPPORT THIS.

THANK YOU AGAIN, COMMISSIONER AHMED FOR BEING RESPONSIVE TO THIS, PUTTING THE LANGUAGE FORTH, UM, AND REALLY JUST FEEL THIS IS SOMETHING THAT THE COMMUNITY WANTS SEES AND THAT WE SHOULD DREAM BIG FOR AUSTIN AND LOOK AT THOSE INTERNATIONAL EXAMPLES THAT GIVE US THE PATH.

THANK YOU COMMISSIONER POWELL.

ANYONE ELSE WOULD LIKE TO SPEAK ON THE MOTION? UH, YES, YES, YOU CAN SPEAK IN SUPPORT.

YEAH, SO I JUST WANT TO ADD ONE OTHER THING HERE.

I FEEL LIKE A LOT OF THE INITIATIVES THAT THE CITY IS WORKING ON RIGHT NOW, LIKE PROJECT CONNECT, ARE FOCUSED ON TRYING TO MAKE THIS A MORE WALKABLE CITY, UH, TO ENSURE THAT WE DON'T NEED OUR CARS, UH, TO, UM, DO EVERYTHING THAT WE NEED TO DO IN OUR LIVES.

AND I THINK THIS RIGHT HERE, IF WE'RE ABLE TO CHANGE, UH, THIS SECTION OF THE CODE, IF WE'RE ABLE TO ENCOURAGE MORE OF THESE PROJECTS THAT INCLUDE GOOD COMMERCIAL, USEFUL COMMERCIAL ALONG WITH RESIDENTIAL IS GONNA HELP WITH THAT GOAL.

SO I THINK IT GOES VERY MUCH ALONGSIDE A LOT OF THE OTHER INITIATIVES THAT THE CITY IS WORKING ON AS WELL.

THANK YOU COMMISSIONER AHMED AND COMMISSIONER ANDERSON.

THANK YOU, CHAIR.

SO I, I DON'T HAVE THE MEMORY OF FORMER CHAIR COMM UH, CHAIR CZAR, BUT THE WAY I RECALL IT IS IT WAS ONE OF THOSE AS, UH, COMMISSIONER MAXWELL POINTED OUT A VERY LATE NIGHT.

TONS AND TONS AND TONS OF AMENDMENTS AND A LOT OF DISCUSSION AND THE AMENDMENT POPPED UP THAT I FELT WAS A REAL WATERING DOWN OF WHAT STAFF BROUGHT.

SO REALLY THIS MOTION, THIS WHOLE IDEA THAT THESE COMMISSIONERS OF OURS ARE BRINGING FORWARD IS JUST BRINGING THE LANGUAGE BACK TO WHAT STAFF ORIGINALLY BROUGHT TO THIS BODY AND WAS EVENTUALLY GOING TO COUNCIL.

AND THERE WAS A MOTION TO REALLY WATER DOWN ET D'S IN A WAY THAT I THOUGHT, WELL, THERE'S NO WAY THAT'S GONNA PASS.

AND I HATE TO SAY IT, I THINK IT PASSED SEVEN TO SIX.

AND I WAS JUST LIKE, WAIT, , HOW DID THAT HAPPEN? IT WAS LATE.

THINGS HAPPEN, BUT NOW'S A CHANCE FOR US TO FIX IT, YOU KNOW, FOR THE, WE PUT SOMETHING GOOD FOR IT, IT COULD HAVE BEEN BETTER AND THIS IS A CHANCE TO REALLY GET IT BETTER BECAUSE WE'RE MISSING OUT ON A LOT OF TAX BASE, A LOT OF TRANSIT, SUPPORTIVE DENSITY, A LOT OF JUST REALLY COMPLETE COMMUNITIES THAT WE CAN BUILD THROUGH THIS.

BUT WE HAVE TO MAKE THIS CHANGE.

SO HOPEFULLY THIS ISN'T JUST A RECOMMENDATION, IT DOESN'T GO ANYWHERE, BUT WE CAN SEE THIS HAPPEN.

THANKS.

THANKS.

THANK YOU.

AND THANK Y'ALL FOR BRINGING THIS.

THANKS.

COMMISSIONER ANDERSON, ANYONE SPEAKING AGAINST? OKAY, LET'S GO AHEAD AND TAKE A VOTE.

THOSE IN FAVOR, THAT PASSES UNANIMOUSLY.

UM, THANK YOU COMMISSIONERS,

[01:55:01]

AHMED AND POWELL FOR BRINGING THAT FORWARD.

LET'S MOVE ON TO ITEM 14, DISCUSSION

[14. Discussion and action to appoint a member to serve on the South Central Waterfront Advisory Board. (Sponsored by Secretary Maxwell and Commissioner Anderson)]

AND ACTION.

TO APPOINT A MEMBER TO SERVE ON THE SOUTH CENTRAL WATERFRONT ADVISORY BOARD.

UM, COMMISSIONER MAXWELL, WOULD YOU MIND JUST GIVING US A LITTLE BIT OF INFORMATION ABOUT WHEN THAT BOARD MEETS REGULARLY? UH, YES.

THE, UH, OFFICIAL MEETINGS OF THE SOUTH CENTRAL WATERFRONT ADVISORY BOARD ARE ON TUESDAYS, AND I BELIEVE IT'S THE SECOND TUESDAY.

IT'S ACTUALLY, SORRY, THE FIRST TUESDAY OF THE MONTH.

THANK YOU.

ANY COMMISSIONERS INTERESTED IN SERVING ON THE SOUTH CENTRAL WATERFRONT ADVISORY BOARD? LOOKING AT MAYBE SOME OF OUR NEW COMMISSIONERS WHO ARE INTERESTED IN GETTING INVOLVED IN OTHER BOARDS.

COMMISSIONER BRETON, I'M SEEING A HAND FROM YOU.

I'D LOVE TO NOMINATE COMMISSIONER BRETTON TO SERVE ON THE SOUTH CENTRAL WATERFRONT ADVISORY BOARD, SECONDED BY COMMISSIONER MAXWELL.

UM, LET'S TAKE A VOTE ON, UH, APPOINTING COMMISSIONER BRETTON TO SERVE ON THE SOUTH CENTRAL WATERFRONT ADVISORY BOARD.

THOSE IN FAVOR? UH, I CANNOT SEE COMMISSIONER BREER RAMIREZ, BUT THAT'S OKAY BECAUSE WE HAVE EIGHT VOTES IN FAVOR.

UM, THAT PASSES.

THANK YOU VERY MUCH, COMMISSIONER BRETON.

OKAY, ITEM

[15. Discussion and action to amend the 2025 regular meeting schedule to change the November and December meeting dates.]

15, DISCUSSION AND ACTION TO AMEND THE 2025 REGULAR MEETING SCHEDULE TO CHANGE THE NOVEMBER AND DECEMBER MEETING DATES.

SO JUST A LITTLE BIT OF BACKGROUND ON THIS.

OUR REGULAR SCHEDULE WOULD HAVE US MEETING THE SECOND AND FOURTH TUESDAYS IN NOVEMBER, HOWEVER, NOVEMBER 11TH IS A CITY HOLIDAY, AND NOVEMBER 25TH IS THE WEEK OF THANKSGIVING.

SO WE ARE PROPOSING TO RESCHEDULE THOSE MEETINGS TO NOVEMBER 13TH AND 18TH.

UM, AND SO JUST TO NOTE THAT NOVEMBER 13TH IS A THURSDAY.

UM, AND THAT WOULD BE A REGULAR 6:00 PM MEETING.

NOVEMBER 18TH IS A TUESDAY AND THAT WOULD BE A CONSENT ONLY MEETING, UM, BECAUSE WE WOULD BE MEETING BEFORE ZAP.

AND SO BEFORE WE MOVE ON TO THE DECEMBER MEETINGS, LET'S GO AHEAD AND JUST VOTE ON THOSE CHANGES FOR NOVEMBER 1ST.

SO I'M LOOKING FOR A MOTION TO CHANGE OUR NOVEMBER 11TH MEETING TO NOVEMBER 13TH AND OUR NOVE NOVEMBER 25TH MEETING TO NOVEMBER 18TH.

I'LL MAKE THAT MOTION.

MOTION BY COMMISSIONER SKIDMORE, SECONDED BY COMMISSIONER BRETTON.

ANY OPPOSED TO THOSE CHANGES? OKAY, SEEING NONE.

UM, LET'S MOVE ON TO DECEMBER.

SO WE HAVE TWO OPTIONS FOR OUR DECEMBER RESCHEDULING.

UM, THE SCHEDULED MEETING IN DECEMBER IS ON DECEMBER 23RD.

UM, INSTEAD WE COULD RESCHEDULE TO A DECEMBER 16TH CONSENT ONLY MEETING.

THAT WOULD BE A TUESDAY OR A DECEMBER 18TH FULL MEETING.

THAT WOULD BE A THURSDAY.

UM, LET'S JUST TAKE A QUICK, UH, CASUAL VOTE ON PREFERENCE FOR THOSE.

OR LET ME SAY THIS.

UH, PLEASE RAISE YOUR HAND IF YOU COULD ATTEND THE DECEMBER 16TH MEETING.

3, 4, 5, 6.

OKAY.

AND HOW ABOUT DECEMBER 18TH? PLEASE RAISE YOUR HAND IF YOU COULD ATTEND THE DECEMBER 18TH MEETING.

OKAY, SO GIVEN THAT I'M LOOKING FOR A MOTION TO RESCHEDULE OUR DECEMBER 23RD MEETING TO DECEMBER 16TH.

SURE.

AND THAT WILL BE A CONSENT ONLY MEETING.

YES.

COMMISSIONER, SORRY, I JUST WANTED TO ASK A QUICK QUESTION, UM, CONSIDERING THAT IF WE MOVE FORWARD WITH THE SUGGESTION YOU'RE MAKING, WE WOULD HAVE A CONSENT MEETING AS OUR LAST MEETING.

THERE IS ACTUALLY A FULL MEETING IN THE DECEMBER FOR DECEMBER 9TH.

IS THAT CORRECT? THAT'S CORRECT.

SO WE WOULD STILL HAVE A FULL MEETING ON DECEMBER 9TH.

UM, THIS WOULD JUST BE RESCHEDULING OUR SECOND MEETING.

DECEMBER.

THANK YOU FOR THAT CLARIFICATION, YOU FOR THAT CLARIFICATION.

NO, THAT'S IMPORTANT.

UH, LOOKING FOR A MOTION TO RESCHEDULE OUR DECEMBER 23RD.

I'LL MOVE MEETING MADE BY COMMISSIONER POWELL.

SECONDED BY COMMISSIONER MAXWELL.

ANY OPPOSED? OKAY.

SEEING NONE THAT MOVES, LET'S MOVE INTO OUR WORKING GROUP

[WORKING GROUP/COMMITTEE UPDATES]

AND COMMITTEE UPDATES.

UH, COS AND ORDINANCE IS JOINT COMMITTEE.

COMMISSIONER MAXWELL, WOULD YOU LIKE TO GET THAT UPDATED? UH, YEAH, WE HAVE A MEETING THIS WEDNESDAY, TOMORROW, I BELIEVE, UM, RELATED TO SOME UPDATES FOR OUR DOWNTOWN DENSITY BONUS.

THANK YOU.

COMPREHENSIVE PLAN JOINT COMMITTEE COMMISSIONER BRETTON OR COMMISSIONER AHMED.

WE HAVE A MEETING SCHEDULED FOR OCTOBER, UH, AND SO HOPEFULLY WE'LL HAVE SOME UPDATES AFTER THAT.

THANK YOU.

JOINT SUSTAINABILITY COMMITTEE.

SAME DEAL.

WE'RE NOT MEETING UNTIL OCTOBER.

THANK YOU.

SMALL AREA PLANNING JOINT COMMITTEE.

OUR NEXT MEETING IS OCTOBER 1ST.

THANK YOU.

COMMISSIONER SKIDMORE, SOUTH CENTRAL WATERFRONT ADVISORY BOARD.

UH, WE DID NOT MEET THIS MONTH.

THANK YOU COMMISSIONER MAXWELL GOVERNANCE RULES AND PROCEDURES

[02:00:01]

WORKING GROUP.

UH, I CAN PROVIDE AN UPDATE WE HAVE NOT MET AND I WILL BE PUTTING A FUTURE AGENDA ITEM ON FOR APPOINTING A NEW COMMISSIONER TO THIS WORKING GROUP AT OUR NEXT MEETING.

UM, SO PLEASE REACH OUT TO ME OR COMMISSIONER BARRE RAMIREZ, IF YOU WOULD LIKE TO LEARN MORE ABOUT WHAT WE DO IN THIS WORKING GROUP.

UM, HAVE ANY QUESTIONS ANSWERED SO THAT YOU MIGHT THINK ABOUT BEING NOMINATED FOR THAT AT OUR NEXT MEETING IN OCTOBER.

WHICH BRINGS ME TO FUTURE AGENDA

[FUTURE AGENDA ITEMS]

ITEMS. I WOULD LIKE TO BRING FUTURE AGENDA ITEM TO APPOINT A COMMISSIONER TO SERVE ON THE GOVERNANCE RULES AND PROCEDURES WORKING GROUP.

CAN I GET A SECOND FOR THAT PLEASE? YES.

THANK YOU COMMISSIONER BRETTON.

UM, ANY OTHER FUTURE AGENDA ITEMS? OKAY, SEEING NONE, UM, I WANT TO NOTE THAT THIS IS COMMISSIONER ANDERSON'S LAST MEETING WITH US AND GIVE YOU A CHANCE TO SPEAK BRIEFLY.

COMMISSIONER ANDERSON, IF YOU'D LIKE TO.

I THOUGHT I WAS GONNA GET THROUGH WITHOUT HAVING TO DO THAT.

ALL RIGHT.

YEAH.

WOW.

REALLY? IT'S THAT CLOSE.

OKAY.

THANK YOU CHAIR.

SO, UH, IT'S IT'S BEEN A LONG RIDE.

YEAH, A COUPLE YEARS.

SO I, I DEFINITELY WANNA THANK YOU, UH, THANK COMMISSIONER OR COUNCIL MEMBER FLANAGAN AND COUNCIL MEMBER VELA FOR BOTH PUTTING ME ON HERE.

YOU MEET A LOT OF FRIENDS UP HERE.

YOU HAVE A LOT OF GOOD TIMES UP HERE.

AND THEN YOU MEET A TON OF FRIENDS OUT THERE WORKING WITH STAFF AND ALL THE STAFF'S ENDLESS WORK AND GOSH, I FEEL FOR STAFF SOMETIMES.

I MEAN, YOU GUYS ARE RIGHT IN THE MIDDLE OF EVERYTHING.

YOU HAVE ONE, YOU KNOW, HALF THE PEOPLE ON ONE SIDE SAYING YOU'RE DOING IT ALL WRONG.

SHOULD HAVE DONE IT BETTER TOO MUCH.

THE OTHER SIDE SAYING NOT ENOUGH SHOULD HAVE DONE IT BETTER.

SO, WOW, YOU GUYS ARE GETTING PULLED IN BOTH DIRECTIONS.

SO THANK YOU ALL FOR SURVIVING THAT ON A WEEK TO WEEK BASIS.

AND I DON'T KNOW HOW YOU DO IT, SO THANK YOU.

AND THEN THE ENDLESS VOLUNTEER HOURS THAT GO INTO THE FOLKS THAT HELP US, IT'S JUST ABSOLUTELY AMAZING.

WE JUST HEARD FROM MR. HARRINGTON HERE WHO GOT REALLY PASSIONATE ABOUT THIS AND HE, HE TRACKED ME DOWN THE OTHER DAY.

HE'S LIKE, I'D DO ANYTHING TO FIX THIS.

AUSTIN'S GOTTA FIX THIS.

AND THERE'S JUST PEOPLE WHO ARE PASSIONATE ABOUT SEEING AUSTIN BE A BETTER PLACE AND IT'S JUST SO AMAZING WHEN DO YOU GET TO WORK WITH THOSE PEOPLE DAY IN AND DAY OUT.

FRUSTRATION I GOT ON THIS BODY LITTLE LESS THAN FIVE YEARS AFTER WE PASSED.

IMAGINE AUSTIN AS A CITY.

AND IMAGINE AUSTIN CLEARLY SAID WE NEED A NEW LAND DEVELOPMENT CODE.

AND WE TRIED AND WE TRIED AND WE TRIED AND WE HAVE FAILED TO DO SO.

SO HERE WE ARE, EIGHT AND A HALF YEARS LATER, SAME LAND DEVELOPMENT CODE, ALBEIT BETTER BUT STILL BROKEN, RIGHT? IT'S STILL FROM 84.

THE BONES ARE STILL PRETTY RICKETY AND WE GOTTA FIX THAT.

SO HOPEFULLY WE TAKE ADVANTAGE OF HB 24.

WE NOW HAVE THE ABILITY TO DO REALLY COOL THINGS IN AUSTIN AND YOU CAN'T WATCH JUST A SMALL VOCAL MINORITY KILL THE GOOD OF THE CITY, RIGHT? CAN'T JUST DISPATCH AND JUST END WHAT YOU DON'T LIKE BECAUSE YOU DON'T WANNA SEE CHANGE, RIGHT? SO THAT'S A REALLY PROMISING THING.

I'M EXCITED ABOUT THAT.

AND, UH, LET'S, I DON'T KNOW WHAT ELSE TO SAY.

THERE'S JUST SO MUCH MORE GOOD WORK TO DO AND I'M EXCITED TO SEE WHAT YOU ALL DO AND I HOPE TO NOT HAVE TO COME BACK HERE.

I THINK THE ONLY REASON I CAN PUT BACK ON HERE IS IF YOU GUYS START SENDING SILLY RECOMMENDATIONS UP TO COUNCIL AND THEY'RE GONNA CALL ME.

SO LET'S NOT DO THAT AND LET'S KEEP IT GOING.

THANKS Y'ALL.

THANKS COMMISSIONER ANDERSON.

I WANNA OPEN IT UP TO THE REST OF THE COMMISSION IF ANYONE WOULD LIKE TO FOLLOW THAT AND SAY ANY WORDS.

I HAVE WORDS FOR COMMISSIONER ANDERSON, COMMISSIONER .

BUT I THINK, UM, FOR MYSELF AND COMMISSIONER WOODS, HE STARTED A FEW YEARS TO GET, UH, TO TOGETHER AGO, UH, IT'S BEEN A REAL PERIOD OF TRANSITION.

WE'VE SEEN A LOT OF FOLKS WHO'VE BEEN ON PLANNING COMMISSION FOR A LONG TIME START TO TAKE, UM, NEW ROLES IN THE COMMUNITY AND ELSEWHERE.

AND WE HAVE NEW FACES HERE, WHICH I THINK EVERYONE NOTICES WHEN THEY COME INTO THE, INTO THIS CHAMBER ON A TUESDAY NIGHT.

SO, UM, AS MAYBE ONE OF THE LAST FOLKS TO SAY GOODBYE TO LET US ALL SAY THAT, THANK YOU.

UM, THE PHRASE WE STAND ON THE SOLARS OF GIANTS IS PARTICULARLY APT, PERHAPS IN YOUR SITUATION, BUT I KNOW THAT YOU HAVE INSPIRED SO MANY UT STUDENTS, COMMUNITY MEMBERS, ADVOCATES, STAFF MEMBERS OVER MANY YEARS TO THINK THE BEST AND WORK THE BEST THAT WE CAN FOR AUSTIN.

AND YOUR PASSION IS WELL KNOWN AND EXCEPTIONAL AND HAS NOT DIMMED ONE BIT, I THINK SINCE YOU STARTED IN THIS BODY.

AND WE ARE SO PLEASED, I THINK, AS A BODY TO CONTINUE THAT LEGACY, TO BRING YOUR PASSION FORWARD FOR HOUSING AND COMMUNITY AND CIVIC DUTY.

SO THANK YOU FOR BEING THE BEST PLANNING COMMISSIONER AND THE PERSON WE ALWAYS LOOK TO, TO LEAD EVEN IF YOU WERE DOING IT IN A QUIET OR LOUD WAY, .

AND I HOPE THAT YOU DON'T COME BACK AND VISIT US BECAUSE THAT MEANS THAT WE'RE DOING THE WORK YOU ASKED US TO.

THANK YOU.

COMMISSIONER MAXWELL, COMMISSIONER POWELL.

WELL, COMMISSIONER ANDERSON, UH, OR SHOULD I SAY FORMER CHAIR ANDERSON FOR YOUR LONG AND STORIED TENURE AS CHAIR.

UM, I JUST WANT TO THANK YOU AGAIN.

UH, I, I FEEL VERY SIMILAR TOWARDS YOU, THE SAME WAY THAT I FELT FOR, UH, FORMER CHAIRS ARE IN THE REMARKS THAT WE HAD IN LAST MEETING OF SOMEONE WHO HAS BEEN EXTREMELY

[02:05:01]

GRACIOUS WITH YOUR TIME AS A NEW COMMISSIONER, ALWAYS TAKING THE TIME TO GO THROUGH ALL OF MY DUMB QUESTIONS, INFORM ME ON HOW THIS SHOULD GO, UH, AND REALLY JUST TAKING ME AND SO MANY OTHERS UNDER YOUR WING TO GET THEM ACTIVATED AND PASSIONATE ABOUT ALL THE IMPACTFUL WORK DONE HERE.

AND I'LL ALSO SAY OUTSIDE OF THIS CHAMBER AS WELL, I'M HEARTENED BY THE FACT THAT EVEN THOUGH YOU WON'T BE SITTING UP HERE WITH US, YOU ARE DOING SO, SO MUCH OUTSIDE OF THIS CHAMBER.

ALWAYS HAVE BEEN, ALWAYS WILL TO JUST BE PUSHING FOR THE BEST OPTION POSSIBLE FROM THAT DEDICATED SERVICE.

AND ALSO SAY, YOU KNOW, KINDA LIKE WHAT COMMISSIONER MAXWELL WAS SAYING, YOU KNOW, SOMETIMES THERE'S LIKE THE FRUIT STUCK UP IN THE TREE AND YOU GOT PEOPLE WHO ARE LIKE, OKAY, WE SHOULD, WE SHOULD GET THE LADDER, GO GET THE FRUIT OUT OF THE TREE.

YOU KNOW, MAY, MAYBE WE SHOULD GET A CHERRY PICKER AND DO IT THAT WAY.

I APPRECIATE THAT YOU'RE THE GUY WHO'S LIKE, I'M GONNA SHAKE AND PUNCH AND CHOP IT TO AND DO WHATEVER THE HELL I HAVE TO DO TO GET THIS FRUIT OUT OF THE TREE.

AND AUSTIN NEEDS LEADERS LIKE YOU TO DO THAT TYPE OF WORK.

AND SO THANK YOU FOR EVERYTHING THAT YOU'VE DONE.

I'M GRATEFUL THAT WE'RE FRIENDS.

I'M GRATEFUL TO STILL HAVE YOUR MENTORSHIP AFTER THIS.

THANKS, COMMISSIONER POWELL, COMMISSIONER AHMED.

YEAH, I'LL ECHO A LOT OF THE THINGS THAT ADAM SAID.

UM, YOU KNOW, OVER THE LAST SIX MONTHS OR I, MAYBE EIGHT MONTHS NOW, THERE'S NOT, THERE HASN'T BEEN ONE COMMISSIONER WHO I'VE LEANED ON ON MORE THAN COMMISSIONER ANDERSON.

UH, AND HE'S, UM, HE'S ALWAYS BEEN THERE TO HELP ME, UH, KIND OF UNDERSTAND THE INS AND OUTS OF THE VARIOUS DIFFERENT ISSUES WE'RE DEALING WITH HERE.

UH, BUT ALSO, UH, YOU GUYS TALKED ABOUT HIS PASSION, UH, FOR THIS WORK.

THIS IS A WORLD THAT I WASN'T IN BEFOREHAND, AND I THINK YOUR PASSION IS VERY INFECTIOUS AND IT'S REALLY GOTTEN ME, YOU KNOW, EXCITED ABOUT USING THE THINGS THAT WE CAN DO AS A PLANNING COMMISSION TO MAKE THIS A BETTER CITY.

UM, AND I THINK, YOU KNOW, THE FACT THAT YOU SPEND SO MUCH TIME OUTSIDE OF THIS COMMISSION AS WELL, UH, TO RESEARCH THE VARIOUS DIFFERENT CASES OR WHATNOT, HAS GOTTEN ME EXCITED TO DO THAT AS WELL.

TO DO MORE THAN, YOU KNOW, JUST SHOW UP AT THE MEETINGS.

AND THEN FINALLY YOUR NETWORK IN TERMS OF, YOU KNOW, UH, WHETHER IT'S CITY OFFICIALS OR JUST MOVERS AND SHAKERS IN AUSTIN IS TREMENDOUS AS WELL.

AND SO I'VE BEEN KIND ENOUGH TO INVITE ME INTO THAT CIRCLE AND HELP ME MEET OTHER PEOPLE THAT HAVE HELPED ME LEARN MORE AND, YOU KNOW, LEARN MORE THAT, YOU KNOW, HOPEFULLY WILL MAKE ME A BETTER PLAN, UH, PLANNING COMMISSIONER IN THE FUTURE.

SO THANK YOU VERY MUCH AND I ALSO VERY MUCH APPRECIATE OUR FRIENDSHIP AND I HOPE THAT, YOU KNOW, UH, UH, IT, UH, YOU KNOW, WE CONTINUE TO SPEND A LOT OF TIME TOGETHER, UH, OUTSIDE OF YOUR PLANNING COMMISSION ERA.

THANKS, COMMISSIONER AHMED.

COMMISSIONER SKIDMORE, JUST A FEW BRIEF COMMENTS, UH, TO COMMISSIONER ANDERSON OF CTM.

CAN YOU CUT EVERYBODY OFF PLEASE? ? NO, I'LL KEEP A REALLY BRIEF OF, WE HAD THE FORTUNE OF MEETING IN 2008, 2009, WHENEVER OF THE 360 CONDOMINIUMS OPENED AND OF GREG AND I WERE NEIGHBORS WHEN MY FAMILY MOVED DOWNTOWN OF, SO WE COULD LIVE IN A HOUSE THAT WAS ALL ON ONE LEVEL, THAT IT WAS ACCESSIBLE FOR MY SON PETER, IN A WHEELCHAIR.

AND WE MOVED DOWNTOWN BECAUSE YOU COULDN'T BUY A HOUSE, A NEW HOUSE IN AUSTIN THAT MEETS THAT, THAT'S ACCESSIBLE RIGHT IN, IN JUST NONE OF OUR NEIGHBORHOODS.

WE MOVED FROM CLARKSVILLE, SO WE CAME DOWNTOWN, WHICH OF WAS AND CONTINUES TO BE WONDERFUL OF.

BUT GETTING TO KNOW GREG, IT, THE PROBLEM IS WE HAVEN'T BEEN BUILDING ENOUGH HOUSING OF DIFFERENT STYLES THROUGH THE CITY AND OF OTHER COMMISSIONERS HAVE SPOKEN, YOU KNOW, MORE ELOQUENTLY THAN I ABOUT YOUR PASSION FOR THAT.

BUT THE LEGACY YOU'RE LEAVING THE CITY IS THIS FOCUS THAT WE ALL HAVE IS IN THE END OF THE DAY, WE NEED TO BUILD MORE PLACES FOR MORE PEOPLE CLOSE TO WHERE THEY LIVE, CLOSE TO WHERE THEY WERE CLOSE TO WHERE THEY GO TO SCHOOL AND HAVE FUN.

AND OF, WHILE WE HAVEN'T ALWAYS AGREED, UH, PERFECTLY, UH, THAT PASSION IS INFECTIOUS AND IT IS TRUE TO THIS MISSION OF WHAT WE NEED TO KEEP DOING FOR A CITY TO, YOU KNOW, AUSTIN'S A GREAT CITY AND IT IS ONLY GREATER WHEN MORE PEOPLE CAN, UH, TAKE ADVANTAGE OF ALL OF THE WONDERFUL PARTS OF THE BENEFITS OF LIVING IN A GREAT CITY.

SO I AM SAD YOU'RE LEAVING, BUT I KNOW YOU'RE NOT GOING FAR.

SO THANK YOU AGAIN.

THANKS, COMMISSIONER SKIDMORE.

COMMISSIONER BRETON, I HAVE SOME VERY BRIEF COMMENTS AS WELL.

UM, I THINK, UM, FOR MANY IN THE COMMUNITY, INCLUDING MYSELF BEFORE I SAT ON THIS BODY, UM, SOME MAY CONSIDER THE NOISE THAT YOU MAKE, UH, EITHER TO BE BRASH OR TO BE SOOTHING, BUT THE, THE NOISE THAT YOU MAKE IS LOUD AND CLEAR.

[02:10:02]

THEY ARE THE TWO ADJECTIVES THAT I ASSOCIATE WITH YOU MOST UP HERE ON THIS DAIS, LOUD AND CLEAR ABOUT THE HOUSING CRISIS THAT WE HAVE, THE UPDATES THAT WE NEED TO MAKE AND THE GOALS THAT WE HAVE TO ACHIEVE AS A CITY.

IT'S INSPIRING.

AND NOT ONLY DID IT INSPIRE ME, IT INSPIRES UT STUDENTS IN YOUR CLASSES AND UT STUDENTS NOT IN YOUR CLASSES.

I KNOW PEOPLE WHO HAVE BEEN IN YOUR CLASSES WHO HAVE BEEN INVOLVED FOR A VERY LONG TIME, WHETHER THAT'S IN PUBLIC SERVICE AT, UM, GOVERNMENT AGENCIES, WHETHER THAT'S IN COMMUNITY SERVICE, EITHER IN HOUSING OR IN OTHER PLACES AROUND AUSTIN.

IT'S CLEAR WHAT YOUR IMPACT HAS BEEN.

THANK YOU COMMISSIONER BRETTON.

UM, I'LL JUMP IN.

COMMISSIONER ANDERSON HAS BEEN SUCH A PRIVILEGE TO SERVE ON THIS COMMISSION WITH YOU.

FORGIVE ME, I WROTE SOME THINGS DOWN.

I HAD A LOT TO THINK ABOUT THIS EVENING.

UM, BUT I REMEMBER VERY CLEARLY THE FIRST TIME THAT WE MET, I WAS A GRAD STUDENT IN THE COMMUNITY AND REGIONAL PLANNING PROGRAM AT UT NOW IS TAGGING ALONG WITH A FRIEND WHO IS MEETING YOU AT THE HABITAT OFFICE TO LEARN MORE ABOUT YOUR HOUSING ADVOCACY WORK.

AND I HAD NEVER IN MY LIFE HEARD ANYONE SPEAK SO EMPHATICALLY ABOUT THE NEED FOR ABUNDANT HOUSING.

AND I THINK THAT EVERYONE ON THIS COMMISSION, AS WE JUST HEARD, AND I IMAGINE ANYONE WHO KNOWS YOU OR HAS EVEN HAD A VERY BRIEF CONVERSATION WITH YOU, HAS HEARD THAT SAME PASSION.

AND IT'S A PASSION ROOTED, NOT IN RIGID IDEOLOGY, BUT IN A DEEP EMPATHY FOR HOW A LACK OF HOUSING TRULY IMPACTS PEOPLE.

UM, AND THROUGH YOUR UNFLAPPABLE FOCUS ON THIS ISSUE, YOU REALLY HAVE HELPED TO MOVE THE NEEDLE IN AUSTIN TO ALLOW FOR MORE HOUSING OF ALL TYPES, FOR STUDENTS, FOR FAMILIES, AND FOR AUSTINITES OF ALL AGES.

AND OBVIOUSLY PLENTY OF WORK STILL REMAINS, BUT YOU'VE BEEN A PART OF CREATING AND SUSTAINING MANY OF OUR CITY'S STRONGEST HOUSING TOOLS.

YOU WERE SOMEONE WHO MAKES TIME TO SUPPORT AND TALK WITH EVERYONE, YOUR URBAN PLANNING STUDENTS, YOUR FELLOW COMMISSIONERS, AND YEARS AGO, A GRADUATE STUDENT JUST BEGINNING TO FIND HER WAY INTO AFFORDABLE HOUSING DEVELOPMENT.

YOU'VE GIVEN SO MUCH TO THIS COMMISSION FOR SO MANY YEARS, AND OUR CITY IS BETTER FOR IT.

WE'RE GRATEFUL FOR YOUR PERSISTENCE AND YOUR VOICE AND FOR ALWAYS BEING UNAPOLOGETICALLY PRO-HOUSING, NOT SEEING ANY OTHER SPEAKERS.

I WILL ADJOURN THIS MEETING OF THE PLANNING COMMISSION AT 8:12 PM THANK YOU ALL FOR BEING HERE.