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[00:00:03]

EVERYONE HAVING A QUORUM PRESENT WITHIN

[CALL TO ORDER]

COUNCIL CHAMBERS.

I NOW CALL THIS MEETING OF THE PLANNING COMMISSION TO ORDER AT 6:01 PM FIRST, LET'S TAKE ROLE.

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

CHAIR WOODS.

I AM HERE.

VICE CHAIR HANEY.

HERE.

COMMISSIONER MAXWELL.

HERE.

COMMISSIONER AHMED.

HERE.

COMMISSIONER LAN IS NOT WITH US THIS EVENING.

COMMISSIONER GANNON.

HERE.

COMMISSIONER BARRERA RAMIREZ.

HERE.

COMMISSIONER TROJAN.

HERE.

COMMISSIONER POWELL.

HERE.

COMMISSIONER BRETTON.

HERE.

COMMISSIONER SKIDMORE.

HERE.

COMMISSIONER HILLER HERE.

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.

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

IF YOU'RE A MEMBER OF THE PUBLIC THAT IS SIGNED UP TO SPEAK, YOU SHOULD RECEIVE AN EMAIL BEFORE WE TAKE UP YOUR ITEM AND WE WILL HAVE ASSISTANCE FROM MS. BROWN TONIGHT IN ANNOUNCING SPEAKERS DURING OUR PUBLIC HEARINGS.

MS. BROWN, DO

[PUBLIC COMMUNICATION: GENERAL ]

WE HAVE ANYONE SIGNED UP TO SPEAK DURING PUBLIC COMMUNICATION? NO.

CHAIR.

OH YES.

CHAIR.

WE HAVE ONE SPEAKER.

MY APOLOGIES.

PHILIP WILEY.

PHILIP, YOU'LL HAVE THREE MINUTES.

GOOD EVENING EVERYONE.

UH, PHIL WILEY, UM, DOWNTOWN RESIDENT FOR 33 YEARS.

UM, LAST MONTH, OR, WELL, I GUESS IT WAS TWO WEEKS AGO, I CAME AND TALKED WITH YOU ABOUT THIS SAME CHART AND IT HAD A LOT OF WORDS ON IT.

IT HAS MORE WORDS ON IT NOW.

SO I ADDED A NEW SECTION TO THE LEFT.

THIS HAS THE DEFINITION OF COMPACT AND CONNECTED, AND NOW IT ALSO HAS THE GOALS THAT GO WITH COMPACT, THE GOALS THAT GO WITH CONNECTED AND THE METRICS THAT GO FOR FOR BOTH.

AND NEXT CHART, PLEASE.

UM, SINCE, SINCE WE LAST TALKED, I'VE, UH, SHARED THE DEFINITION OF COMPACT AND CONNECTED WITH THE DOWNTOWN COMMISSION, UH, URBAN TRANSPORTATION COMMISSION, DESIGN COMMISSION.

I AM STRICTLY SPEAKING HERE, UH, FOR MYSELF AS A CITIZEN AND DOWNTOWN RESIDENT.

UM, SO THE DEFINITION HASN'T CHANGED FORTUNATELY IN THE LAST COUPLE WEEKS.

I DID ADD ONE SENTENCE AT THE BOTTOM, WHICH I WISH I HAD DONE LAST TIME.

AND IT'S JUST TO POSE A QUESTION.

THERE'S NO ONE RIGHT ANSWER, BUT I'D LIKE YOU TO THINK ABOUT IF THERE WAS AN EPICENTER, ONE POINT ON THE MAP WHERE YOU COULD ADD 10,000 PEOPLE TO SUPPORT THE COMPACT AND CONNECTED MISSION AND GOALS, WHERE WOULD IT BE? UH, LIKE I, LIKE I SAID, THERE ISN'T A RIGHT ANSWER, SO I'LL GIVE YOU MINE.

IT'S, UH, THE LANTANA SITE.

IT'S RIGHT NEXT TO THE TWO BIGGEST JOB CENTERS, AND IT'S ON THE, THE, UH, THE, THE TRANSIT CORRIDOR.

IT'S, IT'S ON LA BACA, BUT WHICH IS RIGHT NEXT TO GUADALUPE.

SO, SO THAT IS REALLY WHAT COMPACT AND CONNECTED IS ABOUT, TRYING TO GET PEOPLE WITHIN WALKING DISTANCE OF WHERE THEY'RE TRYING TO GO, OR BICYCLE DISTANCE OR TRANSIT IN THAT ORDER.

NEXT CHART, PLEASE.

UM, THIS IS NEW FROM LAST TIME, AND THAT'S WHY I CAME BACK BECAUSE I THINK THIS IS VERY IMPORTANT THAT WE UNDERSTAND NOT ONLY IS THERE A DEFINITION, WHICH IN CONTRACT WORLD YOU WOULD LOOK FOR A DEFINITION.

DEFINITIONS ARE VERY IMPORTANT TO UNDERSTAND WHAT IT IS PEOPLE HAVE IN MIND.

UM, SO THERE'S A DEFINITION, THERE'S A GOAL, AND THERE ARE THE METRICS.

UH, THE GOAL FOR COMPACT IS RESIDENTIAL DENSITY, UH, PER PEOPLE PER SQUARE MILE WITHIN CENTERS AND CORRIDORS.

I DID NOT FIND IN THE 348 PAGES WHERE THEY ASSIGNED RESPONSIBILITY FOR SETTING THAT METRIC.

UM, IT, IT LOGICALLY BELONGS WITH YOU.

IT BELONGS WITH COUNSEL, IT BELONGS WITH THE PE PEOPLE OVER HERE.

UH, I THAT IS NOT FOR ME TO DECIDE.

UM, THE, THE, THE, THE IMPORTANT REVELATION FOR ME IS THAT THE UNITS WITHIN A HALF MILE OF THE CENTER, WHICH IS A CIRCLE AROUND THE CENTER, BASICALLY REPRESENT WHAT I HAVE BEEN TRYING TO DESCRIBE FOR A YEAR AS MOBILITY ORIENTED DEVELOPMENT FOCUS.

SO THAT WILL BE WHAT I WILL BE TALKING ABOUT THE NEXT TIME.

I'M HERE FOR THREE MINUTES.

THANK YOU MUCH FOR YOUR SERVICE.

THANK YOU FOR YOUR COMMENTS.

CHAIR.

THAT CONCLUDES THE SPEAKERS FOR PUBLIC COMMUNICATION.

THANK YOU MS. GARCIA.

THE FIRST ITEM ON

[Consent Agenda]

THE CONSENT AGENDA IS THE APPROVAL OF MINUTES FROM THE JANUARY 27TH MEETING.

DOES ANYONE HAVE ANY EDITS TO THOSE MINUTES? CHAIR WILL BE POSTPONING THOSE MINUTES TO OUR MARCH 10TH MEETING.

UNDERSTOOD.

THANK YOU MS. GARCIA.

SO IN THAT CASE, OUR FIRST ACTIVITY IS TO VOTE ON THE CONSENT AGENDA.

ITEMS THAT ARE CONSENT APPROVAL, DISAPPROVAL, POSTPONEMENTS OF PUBLIC

[00:05:01]

HEARINGS OR NON-DISCUSSION ITEMS. VICE CHAIR HANEY 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.

VICE HANNEY, WOULD YOU MIND READING THE CONSENT AGENDA FOR US? ABSOLUTELY.

AND I'LL JUST TO BE SAFE, I'LL NOTE THAT, UH, ITEM NUMBER ONE IS THE APPROVAL OF THE MINUTES AND THAT IS UP FOR STAFF POSTPONEMENT TO, UH, MARCH THE 10TH.

ITEM NUMBER TWO IS NEIGHBORHOOD PLAN AMENDMENT 2 0 2 5 0 0 3 1 0.0 180 7 0 1 NORTH MOPAC MULTIFAMILY AND DISTRICT 10, UH, THAT IS UP FOR AN APPLICANT POSTPONEMENT TO MARCH THE 10TH.

ITEM NUMBER THREE IS A REZONING C 14 DASH 2025 DASH 0 8 8 87 0 1 NORTH MOPAC MULTIFAMILY AND DISTRICT 10 THAT IS UP FOR APPLICANT POSTPONEMENT TO MARCH THE 10TH.

ITEM NUMBER FOUR IS NEIGHBORHOOD PLAN AMENDMENT 2 0 2 4 DASH 0 0 1 8 OR 0.01 7,003 7,005, AND 7,007 GUADALUPE STREET REZONE IN DISTRICT FOUR.

THAT'S UP FOR APPLICANT POSTPONEMENT TO MARCH THE 10TH.

UM, ITEM NUMBER FIVE IS, UH, REZONING C 14 DASH 20 0 24 DASH 0 0 3 6 7 0 0 3 7 0 0 5 7 0 0 7 GUADALUPE STREET REZONE IN DISTRICT FOUR.

THAT IS APPLICANT POSTPONEMENTS TO MARCH THE 10TH.

UM, ITEM NUMBER SIX IS, UH, REZONING C 14 H DASH 2 25 DASH 0 107 BETHANY CEMETERY IN DISTRICT ONE.

THAT ITEM IS UP FOR CONSENT.

UM, ITEM NUMBER SEVEN IS, UH, REZONING C 14 DASH 2025 DASH 6 1 0 8 WEST GIBSON, DISTRICT NINE.

THAT ITEM IS UP FOR DISCUSSION .

UH, ITEM NUMBER EIGHT IS, UH, REZONING C FOUR DASH 2025 DASH EIGHT LIGHT.

SEA HOMES DISTRICT FIVE IS ON THE CONSENT AGENDA.

AND ITEM NUMBER NINE IS A PUTT AMENDMENT C 814 DASH ZERO SIX DASH 0 1 7 5 0 7 EAST AVENUE.

PUT AMENDMENT NUMBER SEVEN PARCEL A AND DISTRICT NINE, AND THAT ITEM IS UP FOR DISCUSSION.

THANK YOU.

VICE CHAIR HANEY, DO ANY COMMISSIONERS NEED TO RECUSE OR ABSTAIN FROM ITEMS ON THE CONSENT AGENDA? OKAY, SEEING NONE, MS. GARCIA, DO WE HAVE SPEAKERS TO SIGN UP, SIGN UP TO SPEAK ON ANY OF THE CONSENT ITEMS? YES, CHAIR.

STARTING WITH ITEM NUMBER SIX, THIS ITEM IS OFFERED FOR CONSENT.

WE'LL FIRST BE HEARING FROM THE PRIMARY SPEAKER, SUE SPEARS.

SUE, YOU WILL HAVE FIVE MINUTES, IF YOU DON'T MIND JUST PRESSING THAT BUTTON.

THANK YOU.

THANK YOU.

GOOD EVENING COMMISSIONERS.

I WOULD LIKE TO THANK EACH AND EVERY ONE OF YOU FOR, UH, PASSING THAT ITEM NUMBER SIX, WHICH IS BETHANY CEMETERY ON CONSENT.

AND I JUST WANTED TO, UH, MAKE, UH, JUST SOME BRIEF COMMENTS.

UH, BETHANY CEMETERY IS ONE OF THE MOST IMPORTANT REMAINING HISTORIC AFRICAN AMERICAN SITES HERE IN AUSTIN.

UH, OF COURSE, IT WAS ESTABLISHED IN THE LATE 18 HUNDREDS.

IT PRESERVES THE STORIES OF FREEDOM FAMILIES, FORMERLY ENSLAVED INDIVIDUALS, BUFFALO SOLDIERS, CIVIL WAR SOLDIERS, AND THE BLACK COMMUNITY LEADERS WHO HELPED TO BUILD OUR CITY.

SO AS AUSTIN GROWS HISTORICALLY, BLACK PLACES ARE DISAPPEARING.

ACCORDING TO PRESERVATION AUSTIN, ONLY 47 OF AUSTIN'S 629 LOCAL LANDMARKS REFLECT BLACK HERITAGE MAKING PRESERVATION OF THE SITES LIKE BETHANY.

THAT MORE URGENT HISTORIC DESIGNATION FOR BETHANY WILL HELP TO PROTECT THIS SACRED PLACE AND ENSURE THAT THE STORIES THAT LAY THERE WILL BE PRESERVED FOR FUTURE.

BETHANY'S MOTTO IS EVERY STONE HAS A STORY, AND I'M HOPING THAT THIS HISTORICAL DESIGNATION WOULD HELP PRESERVE THOSE STORIES FOR THE FUTURE.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS DREAMER EDWARDS.

DREAMER WILL BE JOINING US.

JOINING US VIRTUALLY DREAMER, PLEASE PRESS OH, YOU DO NOT NEED TO PRESS STAR SIX.

YOU'LL HAVE TWO MINUTES.

HI, GOOD EVENING.

MY NAME IS DREAMER.

I'M CALLING FROM HOUSTON AND I'M HERE TO SHARE MY PERSONAL CONNECTION TO BETHANY CEMETERY.

UM, THIS CEMETERY IS MY FAMILY'S SACRED GROUND.

MY GREAT-GREAT-GRANDFATHER, ED HURST IS BURIED HERE ALONG WITH HIS MOTHER FRANCIS, HIS BROTHERS WALTER AND ROBERT.

BETHANY CEMETERY HOSTS

[00:10:01]

THE LIVES AND MEMORIES OF MANY BLACK AUSTINITES WHO BUILT FAMILIES AND COMMUNITIES DURING SEGREGATION, OFTEN WITH LITTLE TO NO PROTECTION AND RECOGNITION.

SO EACH GRAVE REPRESENTS A LIFE THAT'S BEEN LIVED AND A BODY THAT'S LAID TO REST WITH DIGNITY.

AT A TIME WHEN BLACK PEOPLE WERE DENIED THEIR DIGNITY IN SO MANY SPACES, MY ANCESTORS' JOURNEY FROM ENSLAVEMENT TO BITTER A FAMILY AFTER JUNETEENTH TO BURIAL IN THE SEGREGATED BLACK CEMETERY TELLS A FULLER AND MORE HONEST STORY OF HOUSTON'S, I'M SORRY, OF AUSTIN'S HISTORY.

BETHANY CEMETERY IS ONE OF THE FEW PLACES WHERE THAT STORY IS PHYSICALLY PRESERVED.

SO FOR ME, SPEAKING TODAY IS ABOUT HONORING MY ANCESTORS AND AFFIRMING THAT BLACK LIVES DESERVE DIGNITY, NOT ONLY IN LIFE, BUT IN DEATH.

THE PROTECTING PLACES LIKE BETHANY CEMETERY ENSURES THAT THESE HISTORIES ARE NOT ERASED AND THE PEOPLE WHO ARE BURIED THERE ARE REMEMBERED AS HUMAN BEINGS WITH NAMES, FAMILIES, LEGACIES.

I WANNA THANK YOU FOR ALLOWING ME TO SHARE MY FAMILY STORY.

I'M DONE.

THANK YOU SO MUCH FOR YOUR COMMENTS.

OUR NEXT ITEM IS ITEM EIGHT.

THIS ITEM IS OFFERED FOR CONSENT.

WE'LL FIRST BE HEARING FROM THE APPLICANT VICTORIA HASI.

VICTORIA, YOU'LL HAVE FIVE MINUTES.

OUR NEXT SPEAKER IS RON THROWER.

RON, YOU'LL HAVE TWO MINUTES.

MR. THROWER IS WAVING HIS TIME.

WE'LL NOW BE MOVING ON TO THOSE SPEAKING IN OPPOSITION.

OUR PRIMARY SPEAKER IN OPPOSITION IS JASON BORKOWSKI.

JASON, YOU'LL HAVE FIVE MINUTES.

HELLO, THIS IS FOR THE LIGHTS SEA ROAD.

OKAY, GREAT.

THAT'S CORRECT.

GOOD EVENING.

THANK YOU FOR THIS OPPORTUNITY TO SHARE MY THOUGHTS ON THIS PROPOSED REZONING PLAN.

MY NAME IS JASON BAKOWSKI.

MY HOME IS ONE BLOCK AWAY FROM THE PROPERTY IN QUESTION.

I HAVE LIVED IN 7 8 7 0 4 FOR 20 YEARS.

GO ZILKER PANTHERS.

I AM THE OWNER OF THE TEXAS BARBER SERVICE BARBERSHOP ON EAST RIVERSIDE DRIVE IN THE SOUTH SHORE DISTRICT.

WE JUST CELEBRATED OUR 10 YEAR ANNIVERSARY.

EXCUSE ME, I'M WELL AWARE OF THE CITY'S HIGH DENSITY HOUSING AGENDA.

I'VE SEEN THE OH FOUR TRANSFORM IN THE LAST 20 YEARS FROM SLEEPY SOUTH AUSTIN TO A BUSTLING INNER CITY NEIGHBORHOOD.

HIGH DENSITY LIVING MAKES SENSE FOR MANY OF THE NEIGHBORHOODS HERE IN CENTRAL AUSTIN, BUT IT DOES NOT MAKE SENSE FOR LIGHTSY ROAD.

PUTTING 35 HOUSING UNITS ON THIS CORNER WOULD SIGNIFICANTLY ALTER THE NEIGHBORHOOD AS IT EXISTS TODAY AND AS IT WAS ORIGINALLY DESIGNED.

REZONING THIS LOT FROM S AN S ONE SINGLE FAMILY TO AN S 6 35 HOMES WILL DRASTICALLY CHANGE THE NEIGHBORHOOD AND HAVE A NEGATIVE IMPACT ON OUR PROPERTY VALUES AND LIFESTYLE.

IT IS A COMFORTABLE, FAMILY FRIENDLY AREA IN SOUTH AUSTIN.

THE LAYOUT AND DESIGN OF THIS OLD PART OF TOWN IS UNIQUE, AND THAT IS EXACTLY WHY IN 2026, IT DOESN'T LOOK LIKE THE REST OF 7 8 7 0 4.

IT IS IN FACT SPECIAL.

OUR NEIGHBORHOOD IS MADE UP OF WINDING ROADS WITH NO SIDEWALKS, NO CROSSWALKS, NO SPEED BUMPS, CUL-DE-SACS AND DEAD END STREETS WHERE KIDS PLAY AND RIDE BIKES AND SCOOTERS ON THESE QUIET STREETS.

LIKE MANY OF MY NEIGHBORS, MY SON WALKS WITH HIS FRIENDS TO THE BUS STOP TO ATTEND O HENRY MIDDLE SCHOOL.

AND MY 9-YEAR-OLD WALKS BACK AND FORTH TO HIS FRIEND'S HOUSES TO SCHOOL AT ZILKER ELEMENTARY WITH THE NEW TREND OF FOOD DELIVERY, RIDE SHARE AND AMAZON TRUCKS ALL INCENTIVIZED TO SPEED AND LOOK FOR SHORTCUTS.

DENSE HOUSING UNITS IN THIS ENCLOVE ARE A RECIPE FOR A DISASTER.

CONSTRUCTION TRUCKS LOUD TRASH AND RECYCLE PICKUP AT ALL HOURS, DELIVERY TRUCKS COMING IN AND OUT, ALL OF WHICH DRAMATICALLY DECREASE OUR QUALITY OF LIFE AND THE SAFETY OF OUR CHILDREN VOIDS THE WHOLE REASON WE BOUGHT HOMES HERE.

IT ISN'T A MATTER OF IF SOMEONE GETS HIT BY A VEHICLE CUTTING THROUGH OUR NEIGHBORHOOD, BUT WHEN IT IS IRRESPONSIBLE ON THE PART OF THE DEVELOPER AND THE CITY TO SUGGEST REZONING FROM A SINGLE FAMILY LOT TO 35 HOMES, YES, WE NEED MORE FIRST TIME HOMES IN AUSTIN, BUT THE DESTRUCTION OF THIS EXISTING PART OF TOWN AND RUINING THE EXISTING HOMEOWNER'S QUALITY OF LIFE IS NOT WORTH GUTTING IT.

THERE ARE PLENTY OF EMPTY AND RUNDOWN LOTS AROUND AUSTIN THAT ARE READY TO BE REIMAGINED AND REDEVELOPED.

I THINK THIS

[00:15:01]

PROJECT IS SHORTSIGHTED.

PROPERTY RIGHTS ARE A CORNERSTONE OF TEXAS CULTURE AND WITH RESPECT TO THE PRESENT OWNER, I BELIEVE WHATEVER HE AND SHE WANTS TO DO, HE OR SHE WANTS TO DO WITH THE LAND IS THEIR BUSINESS.

BUT WHAT ABOUT THE PROPERTY RIGHTS OF YOUR NEIGHBORS? FOR THESE REASONS I SAY NO TO FFSF SIX REZONING CHANGE.

LASTLY, AND THIS IS THE OLD HIPPIE IN ME SPEAKING.

EVERYONE WHO WALKS AROUND THIS PROPERTY KNOWS IT IS NOTHING SHORT OF AN URBAN WILDLIFE REFUGE.

FOXES, RACCOONS, A POSSUMS, LARGE ARMADILLOS HAWKS, OWLS AND SMALL BIRDS ALL HAVE DENS AND NEST ON THIS PROPERTY.

THEY HELP BALANCE THE INNER CITY OF AUSTIN'S ECOSYSTEM AND CONTROL OUR CITY RODENT POPULATION.

WE EVEN SEE COYOTES IN THERE.

SEEING THIS BEAUTIFUL WOODED TRACT FINALLY MEET ITS DEMISE MAKES ME SAD AND I WILL MISS WALKING BY IT WITH MY SONS.

I HOPE WE MAKE THE RIGHT DECISION.

THANK YOU FOR YOUR TIME.

GOD BLESS YOU AND YOUR FAMILIES AND GOD BLESS TEXAS.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS MATT LIVINGSTON.

MATT WILL BE JOINING US VIRTUALLY.

MATT, YOU WILL HAVE TWO MINUTES.

I, UH, HI.

YES, MY NAME IS MATT LIVINGSTON.

UM, I HAVE BEEN LIVING IN THIS, UM, NEIGHBORHOOD FOR ABOUT FIVE YEARS AND JUST THIS YEAR, UH, I WAS ABLE TO SAVE UP WITH MY WIFE AND BUY A PROPERTY ON CLAMAN STREET ABOUT ONE BLOCK AWAY FROM THIS, UM, DEVELOPMENT.

UM, AND I AM, UH, CALLING IN TO, UH, VOTE IN OPPOSITION OF THIS REZONING.

UM, THIS WAS A, A DREAM, UH, SIMILAR TO WHAT JASON WAS SAYING, TO LIVE IN A PART OF THE CITY THAT HAD WINDING ROADS AND AN AREA THAT WAS SAFE FOR OUR, OUR SON WHO'S GONNA BE BORN IN THE NEXT MONTH.

UM, AND WE KIND OF PLANNED OUR, YOU KNOW, OUR LIFE TO BE IN THIS AREA, UM, BECAUSE OF THE SPECIAL FEEL THAT IT HAS.

AND ONE OF THE THINGS THAT I WANT TO BRING UP SPECIFICALLY ABOUT THE, UM, THE PROBLEM FOR THIS DEVELOPMENT IS, UM, JASON MENTIONED THAT, YOU KNOW, THERE'S NOT VERY MANY, THERE'S A LOT OF LIKE DEAD ENDS AND LITTLE CUL-DE-SACS AND THERE'S ONLY REALLY TWO MAIN WAYS TO GET IN AND OUT OF THIS NEIGHBORHOOD.

AND IT'S ON LIGHT FEE, UH, AS IT TURNS INTO DEL CURTO AND IT'S ON CLASON STREET.

AND THE FACT THAT THIS BIG DEVELOPMENT IS LITERALLY AT THE CR AT THE, THE CRUX OF THIS ENTIRE, UM, YOU KNOW, AREA AS FAR AS HOW TO GET IN AND HOW TO GET OUT OF THIS NEIGHBORHOOD.

UM, YOU KNOW, THE CONSTRUCTION THEY DID OVER ON BLUE BONNET, YOU KNOW, CLOSE DOWN ROADS AND THINGS LIKE THAT.

IT'S ALREADY A VERY BUSY STREET.

AND IF WE START PUTTING IT DOWN TO ONE LANE AND DOING CONSTRUCTION AT THE, YOU KNOW, BUSIEST INTERSECTION BASICALLY IN THE NEIGHBORHOOD WHERE THAT'S THE ONLY WAY IN AND THE ONLY WAY OUT FOR A LOT OF PEOPLE IS GOING TO NOT ONLY RUIN THE CHARACTER OF THE NEIGHBORHOOD BY HAVING SUCH A BIG, YOU KNOW, KIND OF SOLACE ENCLAVE OF HOUSES THERE.

BUT IT'S ALSO GOING TO MAKE IT EXTREMELY DIFFICULT, UM, FOR ACTUALLY GETTING TO AND FROM ALL OF OUR HOMES.

AND IT'S GOING TO BE NOT A QUICK PROJECT.

BUILDING 35 HOMES DOES NOT TAKE A FEW MONTHS.

THIS IS GOING TO BE YEARS OF, OF CLOG IN THAT AREA AND IS, UH, VERY, VERY IMPORTANT TO CONSIDER.

UM, YOU KNOW, THE, THE TRAFFIC AND THE QUALITY OF LIFE OF EVERYONE IN THAT AREA BY SIR, WE'RE AT TIME, YOU KNOW, PUTTING SUCH A HEAVY THING.

THANK YOU.

THANK YOU FOR YOUR COMMENTS CHAIR.

THAT CONCLUDES THE SPEAKERS FOR THE CONSENT AGENDA.

THANK YOU MS. GARCIA, DO ANY COMMISSIONERS WANT TO PULL ANY OF THE CONSENT ITEMS FOR DISCUSSION OR OTHERWISE HAVE QUESTIONS OR COMMENTS ON THE CONSENT AGENDA? YES.

COMMISSIONER ROJAN.

UM, I WOULD JUST LIKE TO MAKE A COMMENT ON, UH, LIGHTS, SEA HOMES.

UH, ITEM NUMBER EIGHT.

UM, AM I ABLE TO ASK QUESTION OF THE APPLICANT? YOU CAN ASK A QUESTION.

YEP.

UM, CAN I ASK A QUESTION OF THE APPLICANT? MS HA, YOU AND I SPOKE, UM, EARLIER THIS WEEK, UM, ABOUT SOME OF THE REQUESTS FROM THOSE SUPPORTING THE PROJECT FROM THE NEIGHBORHOODS INTEREST IN HAVING SOME OF THE UNITS FACE, UM, THE STREET AS OPPOSED TO HAVING ALL THE UNITS FACE SOLELY INTO THE DEVELOPMENTS.

AND I BELIEVE, UH, THE RESPONSE THAT I RECEIVED SAID THAT THERE WAS GONNA BE SOME NEGOTIATION WITH WHERE THE TREES ARE LOCATED BECAUSE THAT'S ALSO A SIGNIFICANT GOAL TO KEEP THE TREES ON THE PROPERTY, BUT THAT THE APPLICANT UNDERSTOOD THE REQUEST FROM THE NEIGHBORHOOD AND WOULD DO WHAT THEY COULD TO TRY TO MAKE THAT HAPPEN.

IS THAT ACCURATE? THAT IS CORRECT.

THERE ARE 10 HERITAGE TREES TO WORK AROUND.

YEP.

OKAY.

UM, AND I WOULD JUST LIKE TO ACKNOWLEDGE THE, UH, EFFORTS THE APPLICANT HAS MADE TO TRY TO CONNECT SOME OF THE SIDEWALKS THAT WERE MISSING

[00:20:01]

ALONG LIGHTS SEA.

I KNOW THAT THAT IS A BIG CONCERN FOR A LOT OF THE NEIGHBORS THAT RODE IN.

UM, I'M, UH, I'M JUST GONNA MAKE A STATEMENT NOW.

YOU CAN GO SIT DOWN IF YOU COULD TOO.

UM, AND I JUST WANTED TO MENTION, I KNOW THAT THERE ARE A LOT OF CONCERNS IN THE NEIGHBORHOOD ABOUT CONSTRUCTION.

LARGE CONSTRUCTION PROJECTS IN OUR NEIGHBORHOOD CAN BE DISRUPTIVE AND IT IS ABOUT TRYING TO MAKE SPACE FOR NEW NEIGHBORS, BUT I UNDERSTAND IT DOES PUT A LOT OF PRESSURE ON THE OTHER NEIGHBORS IN THOSE NEIGHBORHOODS.

UM, I WOULD ENCOURAGE THE NEIGHBORS TO REACH OUT TO THE APPLICANT AND TO WORK WITH THE DEVELOPER ONCE THIS PROJECT GETS FORWARD, UM, TO TRY TO MAKE SURE THAT THE ACCESS TO THE SITE IS THOUGHTFUL, THAT WHEN THINGS ARE BEING DELIVERED, HOW THEY'RE GETTING TO THE SITE, THOSE THINGS ARE WORKED OUT WITH THE GENERAL CONTRACTOR WHEN IT COMES TO THAT TIME.

UM, I THINK THE COORDINATION BETWEEN THE NEIGHBORHOOD AND THE BUILDER AT THAT TIME IS A CHANCE FOR THESE THINGS TO BE DONE WELL.

UM, SO PLEASE DO TAKE THAT OPPORTUNITY.

THANK YOU, CHAIR.

THANKS COMMISSIONER ROSN, ANY OTHER QUESTIONS ON THE CONSENT AGENDA OR ANY REQUEST TO PULL ITEMS FOR DISCUSSION? YES, COMMISSIONER AHMED.

UH, YES ON ITEM SIX, I JUST WANTED TO THANK THE PEOPLE THAT CAME IN TO SPEAK ABOUT BETHANY CEMETERY, UH, AS A RESIDENT OF EAST AUSTIN.

UM, I, UH, IT'S, YOU KNOW, IT MEANS A LOT THAT YOU GUYS CAME OUT TO SPEAK ABOUT THIS.

UM, IT SEEMS LIKE BETHANY'S UH, CEMETERY REALLY HOLDS AN IMPORTANT PLACE IN THE HEARTS OF A LOT OF FAMILIES IN EAST AUSTIN THAT HAVE, UH, BEEN IN THE NEIGHBORHOOD FOR GENERATIONS.

AND I THINK PRESERVING AFRICAN AMERICAN CULTURE IN THAT NEIGHBORHOOD, UH, IS VITAL.

SO I'M VERY EXCITED, UH, THAT THAT'S PART OF TODAY'S CONSENT AGENDA.

COMMISSIONER POWELL, DID YOU HAVE A QUESTION? GO AHEAD.

YES, I HAVE A QUESTION FOR SUE SPEARS IF SHE'S STILL IN ATTENDANCE.

SHE IS NOT STILL IN ATTENDANCE.

GOTCHA, GOTCHA.

UM, THAT THAT IS NO PROBLEM.

I JUST WANT TO, I'LL SHIFT IT OVER TO A COMMENT THEN.

UM, I HAVE THE HONOR OF SEEING SUE PRESENT AT A CONFERENCE ABOUT THE WORK THAT'S HAPPENED AT BETHANY, BETHANY CEMETERY A LITTLE UNDER A YEAR AGO.

AND JUST WANT TO COMMEND SUE A LEGION OF VOLUNTEERS BLACK AUSTIN TOUR, SO MANY OTHER FOLKS WHO HAVE NOT JUST CELEBRATED THE LEGACY, UM, AN EXTREMELY IMPORTANT BLACK AUSTIN LEGACY IN THAT CEMETERY, BUT REALLY GOING ALL THE WAY BACK TO THE NINE 1990S, REBUILT IT INTO A FIXTURE OF THE COMMUNITY.

SO, UM, JUST WANTED TO STATE THAT IT IS A COMPLETE HONOR AS AN AUSTINITE, AS A BLACK AUSTINITE PARTICULARLY TO VOTE YES ON THIS.

AND, UH, I'M JUST GRATEFUL TO BE A PART OF THIS HISTORIC MOMENT.

'CAUSE BETHANY CEMETERY AND THE ASSOCIATION THAT'S PUT IN SO MUCH WORK THERE SERVES THIS.

THANKS SO MUCH, COMMISSIONER POWELL.

ANY OTHER COMMISSIONERS WITH 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 POSTPONEMENT OF THE MINUTES FROM OUR LAST MEETING.

MOTION BY COMMISSIONER MAXWELL, SECONDED BY COMMISSIONER ROEN.

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

LET'S MOVE INTO OUR FIRST

[7. Rezoning: C14-2025-0106 - 108 W Gibson; District 9 ]

DISCUSSION CASE.

THIS IS ITEM SEVEN.

FIRST WE'LL HEAR FROM STAFF ON THIS CASE.

GOOD EVENING COMMISSIONERS.

CYNTHIA HARI WITH AUSTIN PLAN WITH AUSTIN PLANNING.

UM, THIS IS ITEM SEVEN ON YOUR AGENDA CASE C 14 20 25 0 1 0 6, UM, 1 0 8 WEST GIBSON.

THE PROPERTY IS LOCATED ON 1 0 8 WEST GIBSON STREET AND 1 0 7 WEST ST.

JAMES STREET.

THE PROPERTY IN QUESTION IS APPROXIMATELY 1.54 ACRES WITH ACCESS TO WEST TO WEST ST.

JAMES STREET IN A SMP, LEVEL ONE AND WEST GIBSON STREET AND A SMP LEVEL ONE AS WELL.

IT IS CURRENTLY ZONED C-S-M-U-V-C-O-E, TODD, DBE TODD NP, COMBINED DISTRICT ZONING.

THE SITE IS IN THE BOULDER CREEK NEIGHBORHOOD PLANNING AREA AND THE AREA IS CHARACTERIZED AS MIXED USE WITH RESIDENTIAL OFFICES, PERSONAL SERVICES, RESTAURANTS, AND COMMERCIALS NEARBY.

THE TEXAS SCHOOL FOR THE DEAF IS TO THE WEST AND IS UN ZONED.

THE PROPERTY IS IN SUBDISTRICT, ONE OF THE E TODD OVERLAY, WHICH WOULD ALLOW A DEVELOPMENT TO INCLUDE MULTIFAMILY UNITS REQUIRING AN AFFORDABLE COMPONENT AND ALLOWABLE HEIGHT OF 120 FEET, 60 FEET FOR THE BASE DISTRICT PLUS 60 ADDITIONAL FEET.

FOR THE HEIGHT INCENTIVE, THE APPLICANT IS REQUESTING C-S-M-U-V COE TODD DBE TODD MP TO MODIFY A CONDITION OF ZONING SPECIFICALLY TO REMOVE PART THREE A, B, AND D AND MODIFY PART THREE C OF THE CONDITIONAL OVERLAY ESTABLISHED IN THE EXISTING ORDINANCE.

THE STAFF IS RECOMMENDING THE AMENDED REQUEST FOR A CHANGE IN CONDITIONS IN IN THE CONDITIONAL OVERLAY AS LISTED IN THE BACKUP.

I'M AVAILABLE FOR ANY QUESTIONS.

THANKS MS. AUDREY.

NOW WE'LL HEAR FROM THOSE IN FAVOR.

WE'LL START WITH THE APPLICANT ON THIS ITEM.

LEAH BOJO.

LEAH, YOU'LL HAVE FIVE MINUTES.

[00:25:03]

HI COMMISSIONERS, I'M LEAH BOJO WITH RENER GROUP HERE ON BEHALF OF THE APPLICANT.

AND UM, I HAVE GOTTEN TO TALK WITH A BUNCH OF YOU ABOUT THIS, SO I'M GONNA TRY TO GO QUICKLY, BUT PLEASE, UM, UH, OF COURSE I'LL BE AVAILABLE FOR QUESTIONS AT THE END.

SO THIS IS THE SITE THAT WE'RE TALKING ABOUT.

UM, THE ADDRESS IS ON GIBSON STREET.

IT'S OBVIOUSLY JUST, JUST OFF OF SOUTH CONGRESS AVENUE.

UM, EXCELLENT TRANSIT, UM, AND SOON TO BE MORE.

EXCELLENT.

UM, HERE'S A ZOOMED IN SITE AERIAL.

UM, SO WHAT YOU CAN SEE HERE ARE THE EXISTING IMPROVEMENTS.

UM, WE ARE, I'M REPRESENTING THE TENANT THAT'S LOOKING TO LEASE THIS PROPERTY.

SO WE ARE LOOKING TO USE THE, THE SITE BASICALLY AS IT IS TODAY.

WE'LL BE DOING SOME RENOVATIONS, UM, FIXING UP THE SHEDS, UM, ON THE NORTHERN END OF THE PROPERTY AND, AND RENOVATING THE OFFICE SPACE AND, AND CONTINUING TO USE THE PARKING AS IT IS TO TODAY.

UM, SO IT'S ABOUT, ABOUT AN ACRE AND A HALF CURRENTLY THAT, THAT STRUCTURE THAT WE JUST SAW RIGHT THERE, THAT BIG STRUCTURE IS AN OLD CHURCH.

IT'S BEEN MOST RECENTLY USED AS AN OFFICE.

UM, AND THEN WHAT MY CLIENT IS LOOKING TO DO IS MAKE IT INTO LIKE A COWORKING SPACE OFFICE USE MEMBERSHIP WITH FOOD KIND OF, KIND OF DEAL.

AND SO, UM, REALLY, UM, WE HAVE A VERY COMPLICATED ZONING ORDINANCE TODAY.

IT LOOKS TO ME, UM, FROM DOING SOME RESEARCH, IT APPEARS THAT IT WAS DONE FOR A PRO, A COUPLE OF DIFFERENT PROJECTS VERY SPECIFICALLY TO THOSE PROJECTS.

SO IT HAS A LOT OF STUFF IN THERE THAT WE DON'T USUALLY PUT IN CONDITIONAL OVER OVERLAY TODAY.

SO THERE'S A FEW ITEMS THAT WE'RE ASKING TO REMOVE OR TO AMEND IN THE, IN THE CO THAT WE NEED IN ORDER TO, UM, OPERATE THE BUSINESS THAT WE'RE LOOKING TO OPERATE THERE.

AND, AND THEN THERE ARE ALSO SOME ITEMS IN THERE THAT ARE MORE LIKE KIND OF CLEANUP ITEMS OR HOUSEKEEPING ITEMS BECAUSE THERE ARE THINGS IN THERE THAT ARE EITHER OUT OF COMPLIANCE WITH WHAT'S ON THE GROUND TODAY THAT WE'RE LOOKING TO USE OR THEY'RE THINGS THAT WE DON'T GENERALLY, UH, PROHIBIT OR CONDITION ANYMORE.

SO I'LL GO THROUGH THOSE IN A LITTLE BIT OF DETAIL.

BUT, UM, YOU CAN SEE HERE THE, THE FLUB IS ALREADY MIXED USE AND WE'RE NOT ACTUALLY CHANGING THE, THE, THE ZONING STRING, JUST THE CONDITIONAL OVERLAY.

UM, SO AGAIN, UM, IT'S ABOUT JUST OVER TWO THOU 20,000 SQUARE FEET OF EXISTING BUILDING.

UM, AND THE 2000 TO 5,000 IS ROUGHLY THE EXISTING SHEDS BEING BUILT INTO OFFICE SPACE, ADDITIONAL OFFICE SPACE THERE AT THE NORTHERN END OF THE SITE.

UM, AND I WANNA POINT OUT THAT THE FOOD SERVICE WOULD BE THERE FOR PEOPLE USING THE SITE.

THIS ISN'T LIKE A RESTAURANT USE WHERE PEOPLE WOULD WALK IN OFF THE STREET, THIS IS, BUT BECAUSE OF OUR SORT OF ANTIQUATED CODE OR OUR BLUNT CODE, UM, IN ORDER TO HAVE FOOD SERVICE WHERE YOU LIKE, HAVE FOOD AVAILABLE TO PEOPLE, IT HAS TO BE CONSIDERED A RESTAURANT USE.

BUT THIS IS WHAT OUR INTENTION IS AS FAR AS THAT, THE WAY IT'LL ACTUALLY WORK.

UM, SO THE CONDITIONAL OVERLAY, THESE ARE THE ITEMS THAT WE'RE LOOKING TO REMOVE OR AMEND KIND OF HIGH LEVEL.

UM, I KNOW THAT THE ZONING ORDINANCE ITSELF IS IN YOUR BACKUP AND WE HAVE COPIES AS WELL IF YOU'D LIKE.

BUT, UM, WE'RE LOOKING TO REMOVE THE TRIP COUNT.

WE'RE LOOKING TO REMOVE THE COMMERCIAL USE BUILDING COVERAGE NUMBER.

WE'RE ALREADY IN EXCESS OF 20,000, LIKE I POINTED OUT A MINUTE AGO.

SO I THINK THIS MUST HAVE BEEN TAILORED AROUND A PROJECT THAT DIDN'T HAPPEN.

UM, WE ARE AMENDING THE ATED USE LIST AND THEN, UM, WE ARE, WE ARE REQUESTING TO JUST REMOVE THESE, THESE CONDITIONS AROUND OTHER SITE DEVELOPMENT STANDARDS.

UM, AGAIN, JUST BECAUSE THEY'RE NOT THINGS THAT WE USUALLY THESE DAYS, WE'RE NOT REALLY PUTTING THESE IN CONDITIONAL OVERLAYS.

IF WE WANNA TALK ABOUT THAT IN MORE DETAIL, WE'RE HAPPY TO.

UM, AND THEN WE LEFT THE, UM, SURFACE PARKING PROHIBITION, UH, AS IT IS, AS IT WAS PUT IN CODE.

SO THESE ARE THE USES THAT WE ARE SUGGESTING REQUESTING BECOME, UH, PERMITTED.

UM, MOST IMPORTANTLY FOOD SERVICE, UM, AND, UM, CLUBBER LODGE.

AND, UM, WE WANT OUTDOOR ENTERTAINMENT AND OUTDOOR SPORTS AND RECREATION TO BE REMOVED FROM THE PROHIBITED LIST AND ADDED TO THE CONDITIONAL LIST.

SO IT LOOKS A LITTLE FUNNY IN THE ORDINANCE 'CAUSE THEY'RE JUST COMING OFF THE PROHIBITED LIST, BUT BECAUSE THEY'RE CONDITIONAL N CS BASED DISTRICT, THEY WOULD BECOME CONDITIONAL THERE.

SO OBVIOUSLY, YOU KNOW WHAT THE PROCESS WOULD BE IF SOMEONE WANTED TO DO THOSE USES.

UM, AND THEN WE DID THINGS LIKE, UM, DAYCARE SERVICES.

YOU KNOW, WE, WE WORKED WITH STAFF ON SORT OF THE THINGS THAT WE WOULDN'T WANNA PROHIBIT EVEN THOUGH WE'RE NOT PLANNING TO DO THEM JUST BECAUSE WE WOULD WANT THEM TO BE EASY TO DO, UM, IN THE FUTURE.

UM, SO THESE ARE THE LIST OF, OF PROHIBITED USES THAT WOULD REMAIN PROHIBITED.

UM, AND WITH THAT I'LL MAKE MYSELF AVAILABLE FOR QUESTIONS.

THANK YOU.

THANK YOU.

WE'LL NOW BE HEARING FROM THE PRIMARY SPEAKER IN OPPOSITION, RYAN VI.

RYAN, YOU'LL HAVE FIVE MINUTES.

UH, GOOD EVENING, UH, COMMISSIONERS.

UH, I WANTED TO THANK THE BOTH THE COMMISSION AND STAFF, UH, AND, UH, THOSE IN FAVOR FOR, UH, BOTH THE HEARING US OUT AND, UH, PRODUCTIVE CONVERSATIONS.

UH, I'M HERE TO REPRESENT, UH, THE HOA OF

[00:30:01]

THE OH FOUR LOFTS AND CONDOMINIUMS, WHICH IS DIRECTLY ACROSS GIBSON STREET FROM THIS SITE.

UM, THE POSITION OF THE BOARD IS GENERALLY WE, WE DO NOT OPPOSE MOST OF THESE CHANGES, UH, WITH A COUPLE OF CAVEATS.

UM, THE FIRST, UH, CONDITION WE OPPOSE IS GIVEN THAT THEY ARE NOT INTENDING TO BUILD A NEW STRUCTURE OR TO SUBSTANTIALLY MODIFY THE EXISTING STRUCTURE.

WE WOULD LIKE THE EXISTING HEIGHT RESTRICTION TO REMAIN AS WE DO NOT SEE A NEED FOR THAT TO CHANGE IF REDEVELOPMENT IS NOT PLANNED ON THAT SITE.

UM, THE SECOND PART IS WE WOULD NOT LIKE, UH, RESTAURANT APPROVAL WITHOUT SOME SORT OF, UH, TRAFFIC AND PARKING MANAGEMENT PLAN.

UH, I KNOW THAT THEIR CURRENT USE WOULD BE JUST FOR THE COWORKING SPACE AND USE INTERNALLY.

UH, HOWEVER, THIS, THIS ZONING CHANGE WOULD ALLOW IN THE FUTURE, FUTURE TENANTS TO OPEN FULL SERVICE RESTAURANTS WITH VALET PARKING AND THE LIKE.

AND IT IS ALREADY A VERY NARROW AND BUSY STREET IN A VERY BUSY DISTRICT.

UH, I LEAVE THE REST OF MY TIME FOR ANY QUESTIONS.

THANK YOU.

IF WE HAVE QUESTIONS FOR YOU, WE MAY CALL YOU BACK UP AT THE END.

ABSOLUTELY.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS KATHY BRODO.

KATHY WILL BE JOINING US VIRTUALLY.

KATHY, YOU'LL HAVE TWO MINUTES.

HELLO.

HELLO, THIS IS KATHY BRODO, AND FIRST OF ALL, I WANNA THANK ALL THE COMMISSIONERS THAT TOOK THE TIME TO HELP US THROUGH THE PROCESS AS JUST RESIDENTS OF OH FOUR LOFT AND BOWLING CREEK.

YOU KNOW, IT WAS QUITE A LEARNING EXPERIENCE FOR US TO FIGURE OUT HOW TO PROPERLY WORK WITH BUS A DEVELOPER AND THE CITY.

AND I JUST WANNA, AGAIN, EMPHASIZE WHAT RYAN SAYS, THAT IT IS A VERY SMALL, SHORT, NARROW STREET WITH A LOT OF TRAFFIC, WITH PEOPLE PARKING AND WALKING TO CONGRESS, UH, WALKING FROM THE SCHOOL, FROM THE DEAF, UH, AND EVERYTHING THAT COULD MAKE ANY OTHER LARGE DEVELOPMENT IN THAT AREA.

UH, VERY DIFFICULT.

UH, EVEN WITH IN THE FUTURE, THE LIGHT RAIL BEING THERE, JUST, WE ARE VERY CONCERNED ABOUT TRAFFIC.

WE ARE CONCERNED, EVEN THOUGH IT DID MOVE JUST TO THE CONDITIONAL LIST ABOUT, UM, OUTDOOR ENTERTAINMENT.

YOU KNOW, AGAIN, WE UNDERSTAND THAT WE, THEY WOULD HAVE TO COME BACK, BUT IT IS, IT IS, UH, A LIVING NEIGHBORHOOD EVEN THOUGH IT IS CLOSE TO CONGRESS STREET.

AND SO, AGAIN, WE WANNA JUST THANK EVERYONE FOR HEARING OUR CONCERN ABOUT NOT ONLY WHAT IS PLANNED FOR THE DEVELOPMENT IN THE SHORT TERM, BUT THE LONG TERM.

AND WE DO, UH, CONTINUE TO WORK WITH THE DRE GROUP TO MAKE, UH, THIS DEVELOPMENT GOOD FOR OFTEN AND GOOD FOR OUR COMMUNITY.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS PETER.

PETER WILL BE JOINING US VIRTUALLY.

PETER, YOU'LL HAVE TWO MINUTES.

WE'RE GONNA MOVE FORWARD AND IF HE JOINS, WE'LL MAKE SURE TO, TO CALL HIM IN AGAIN.

OUR NEXT SPEAKER IS RICARDO SINI.

RICARDO, YOU'LL HAVE TWO MINUTES AND HE'S ALSO JOINING US VIRTUALLY.

THANK YOU.

HI, MY NAME'S RICARDO SINI.

UH, I WANNA ECHO, UH, KATHY'S, UH, UH, GRATITUDE, THANK YOU, UH, UH, TO ALL THE COMMISSIONERS FOR WALKING US THROUGH TAKING THE TIME TO EXPLAIN THE PROCESS, UH, UM, SHOW US THE KEY ISSUES.

UM, UH, I JUST ALSO WANT TO ECHO, UM, WHAT, UM, BRIAN SAID.

WE, WE, WE THINK, UH, EVERYTHING CAN BE DONE WITH THE CURRENT RESTRICTIONS.

UM, BUT, UH, IF NOT, WE'D REALLY, UH, YOU KNOW, UH, VALUE THE HEIGHT RESTRICTIONS AND THE, AND THE TRAFFIC IN, IN, IN SUCH, UM, UH, NO, THE, THE LITTLE INFRASTRUCTURE THAT WE HAVE THERE FOR THE, FOR THE TRAFFIC.

THANK YOU AGAIN.

THAT'S ALL I HAVE TO SAY.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS BRADFORD PATTERSON.

BRADFORD, YOU'LL HAVE TWO MINUTES.

I THANK YOU COMMISSIONERS.

MY NAME IS BRAD PATTERSON.

I LIVE DIRECTLY WEST OF THE SUBJECT PARCEL ON NEWTON STREET AND LED THE 2006 AND 2011 ZONING NEGOTIATIONS FOR THE NEIGHBORHOOD ASSOCIATION.

I OPPOSE REMOVING CONDITIONS FROM THE OVERLAY BECAUSE THEY WERE CAREFULLY NEGOTIATED TO PROTECT ADJACENT HOMES WHEN THE PROPERTY WAS REZONED FROM MF FOUR TO CS.

AND AGAIN, WHEN THE CONDITIONAL OVERLAY WAS MODIFIED IN 2011.

TO LOOSEN THE RESTRICTIONS, THE OVERLAY COMPLIMENTS THE PRIVATE RESTRICTIVE COVENANT PLACED AS A CONDITION OF THOSE ZONING CHANGES, THOSE AGREEMENTS ALLOWED SIGNIFICANT DEVELOPMENTS, SPECIFICALLY 180 HOUSING UNITS, WHILE LIMITING INTENSIVE COMMERCIAL USES NEXT

[00:35:01]

TO THE RESIDENCES.

OVER TIME, THE SITE HAS GAINED MULTIPLE ENTITLEMENTS, M-U-C-S-V-M-U, MORE PERVIS PERMISSIVE CONDITIONAL OVERLAY, AND MOST RECENTLY THE ADDITION OF EO AND DENSITY BONUSES.

WITHOUT ALWAYS ADDRESSING NEIGHBORHOOD IMPACTS, THE APPLICANT NOW SEEKS TO FURTHER ELIMINATE REMAINING RESTRICTIONS, INCLUDING HEIGHT LIMITS AND PROHIBITIONS ON USES LIKE RESTAURANT ENTERTAINMENT, RECREATION, OUTDOOR MUSIC, AND COMMERCIAL PARKING WITHOUT PRESENTING A SPECIFIC PLAN.

ALTHOUGH THERE IS SOMETHING AND OFFERING MITIGATION CONCESSIONS.

THESE CONDITIONS WERE NOT ARBITRARY.

THEY WERE THE RESULT OF MONTHS OF NEGOTIATIONS AND LEGAL REVIEW TO BALANCE NEW DEVELOPMENT AND LIVABILITY.

GARNERING NEIGHBORHOOD SUPPORT BEFORE PLANNING COMMISSION, YOUR PREDECESSORS AND CITY COUNCIL.

REMOVING THESE WILL HARM ADJACENT RESIDENTIAL HOMES AND UNDERMINED TRUST IN THE ZONING PROCESS.

THE APPLICANT IS CURRENTLY ALSO WORKING TO REMOVE RATHER THAN MODIFY THE ENTIRE PRIVATE RESTRICTIVE COVENANT, WHICH I REALIZE IS NOT THE JURISDICTION OF THIS BODY OR THE CITY.

PLEASE HONOR THE AGREEMENTS THAT BROUGHT US HERE.

IF CHANGES ARE NEEDED, THEY SHOULD BE IN, IN RESPONSE TO PARTICULAR PLANS.

NOT SPECULATIVE DEVELOPMENT AND INTENTION IS NICE, BUT IF THE ZONING CONDITIONAL OVERLAY HAS CHANGED, THOSE USES WILL BE ALLOWED WHETHER THEY CURRENTLY INTEND TO USE THEM OR NOT.

SO THANK YOU FOR YOUR CONSIDERATION AND SEPARATELY, THANK YOU FOR APPROVING BETHANY CEMETERY FOR HISTORIC ZONING.

MY DAY JOB IS PRESERVATION, SO, UM, I APPLAUD THE USE OF HISTORIC ZONING.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

LOOKS LIKE PETER IS BACK IN OUR QUEUE, SO WE'RE GONNA CIRCLE BACK TO HIM.

PETER IS JOINING US VIRTUALLY.

PETER, YOU'LL HAVE TWO MINUTES.

THANKS.

APOLOGIES FOR THE, UH, INITIAL, I COULDN'T COME OFF ON, UH, , BUT THANKS EVERYONE'S TIME AND CONSIDERATION.

JUST WANTED TO ECHO THE CONCERNS OF THE OH FOUR LOCKS, HOA, RYAN RYAN WHO'S PRESENT AND OTHER, UH, ADJACENT NEIGHBORS.

YOU KNOW, AGAIN, THAT, UH, TRI GIBSON IS VERY TIGHT DURING PEAK HOURS.

LOTS OF DROP OFFS FROM UBERS AND PEDESTRIANS WALKING ACROSS, UH, GOING TO AND DOING SOME ENERGY AROUND.

SO, UH, JUST TO ECHO RYAN'S OBSERVATIONS, WE'RE NOT COMPLETELY OPPOSED TO THE YOUTH, BUT IF THERE'S NO INTENTION FOR, UH, SOME OF THE OTHER YOUTHS, WE'D RATHER SPEAK TO THE, UH, REQUEST AS STATED.

AND, UH, AGAIN, I KNOW THAT'S NOT THIS BOARD OR GATHERING CONCERN IN TERMS OF TRAFFIC ANALYSIS, BUT TRYING TO DETERMINE WHAT WE CAN DO THERE TO MINIMIZE THE RISK AND CONGESTION OVER OUR DISTANCE.

THANKS FOR YOUR TIME.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS RYAN ALLEN.

RYAN WILL BE JOINING US VIRTUALLY.

RYAN, YOU'LL HAVE TWO MINUTES.

THANK YOU FOR LETTING ME SPEAK.

THANK YOU FOR LETTING ME SPEAK.

UH, MY NAME IS RYAN ALLEN AND SINCE 2006, MY HUSBAND AND I HAVE BEEN OWNERS AND OCCUPANTS OF A RESIDENTIAL PROPERTY LOCATED DIRECTLY ACROSS THE STREET FROM 1 0 8 WITH GIBSON.

THAT'S, UM, AT 1401 EVA STREET.

UH, AND I JUST WANTED TO EMPHASIZE THAT WE ARE NOT PER, WE ARE PERSONALLY NOT IN COMPLETE OPPOSITION TO CHANGE AND DEVELOPMENT OF THE PROPERTY IN QUESTION.

THAT SAID, WE DO FEEL THAT THE CURRENT REQUEST OF CHANGES GO FAR BEYOND THE EXPRESSED INTENTIONS AS THE TENANT AND ARE MORE THAN HOUSEKEEPING ITEMS. A LOT HAS BEEN, I TOOK A LOT OF, UM, I CAN ECHO A LOT OF THE CONCERNS.

I'M JUST GOING TO READ THROUGH SOME, BUT, UM, I WROTE DOWN TO KEEP MY, MY THOUGHTS ORGANIZED, BUT, UH, AS WAS MENTIONED, I THINK THERE'S INCOMPATIBILITY WITH NEIGHBORHOOD CHARACTER AND THE VIOLATION OF EXISTING COVENANT AND CONDITIONAL OVERLAY.

UM, IT SEEMS THAT IN THIS INSTANCE THIS IS, UM, A SPOT ZONING ATTEMPT AND IT'S GOING TO, UM, VIOLATE THESE PROTECTIONS THAT WERE PUT IN PLACE FOR AT THE IMPORTANT REASON.

AND THAT INCLUDES THE OVERALL VOLUME AND THE HIGH INTENSITY COMMERCIAL FOOTPRINT.

UM, AND THERE ALSO VARIOUS REASONS, THINGS I'VE ALREADY MENTIONED OF WHETHER IT'S OUTDOOR ENTERTAINMENT AND MORE TRAFFIC, SOMETHING THAT IS OF CONCERN.

I THINK THAT THIS CAN BE CLEARED UP.

I'M SO GLAD THAT WE ARE ALL AT THE TABLE.

HERE IS THE USAGE TRANSPARENCY.

THE APPLICATION IS VAGUE REGARDING ITS LONG TERM GOALS AND THE NUMBER OF MAGNITUDE OF THE REQUEST CHANGES FAR EXCEED WAS NEEDED FOR THE PROPOSED SCOPE OF THE PRIVATE CLUB, WHICH IS CURRENTLY IN RESIDENCE.

IT WOULD SEEM THAT ZONING SHOULD BE BASED ON THE ACTUAL INTENSITY OF USE.

AND THIS DISCREPANCY LEADS US TO SUSPECT THAT THE DEVELOPER IS CLEARING AWAY FROM A MUCH BIGGER PROJECT AND THAT POSES MORE SIGNIFICANCE AND PHONES TO US.

UM, FOR STARTERS, THERE'S THE INFRASTRUCTURE STRAIN.

UM, REZONING WOULD INCREASE CUT THROUGH TRAFFIC ON NARROW RESIDENTIAL STREETS THAT ARE RATHER READY STRUGGLE WITH CURRENT LEVELS OF ACTIVITY AND PARKING SHORTAGES.

THE APPLICANT'S TRAFFIC

[00:40:01]

ESTIMATES SEEM UNBELIEVABLY LOW GIVEN THE INCREASE IN SIZE AND REQUESTED, BUT ALSO THEY GET TAKEN TRAFFIC CREATE SAFETY CONCERNS.

MS. ALLEN, YOUR TIME IS UP.

YOU WANNA GIVE YOUR FINAL THOUGHTS? DO, YEAH, I JUST, I REALLY DO HOPE THAT, YOU KNOW, IT WAS MENTIONED ABOUT THE TEXAS SCHOOL OF THE DESK AND I HOPE THAT THAT REALLY, THAT HAS, UM, A HISTORIC STATE OPERATION OPERATING INSTITUTION AND I'M HOPING IF IT'S GOING TO BE HIGHER, YOU KNOW, SUBJECT TO A HIGHER STANDARD OF REVIEW REGARDING THE NEIGHBOR, THE NEIGHBORHOOD COMPATIBILITY.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS DAVID BJORN.

DAVID WILL BE JOINING US VIRTUALLY.

DAVID, YOU'LL HAVE TWO MINUTES.

HI, UH, AT 1401 AVA STREET.

UM, I JUST WANT ECHO, UH, THE SAME CONCERN THAT MY NEIGHBORS HAVE REGARDING THE, UH, CHANGE IN ZONING, UM, SPECIFICALLY REGARDING THE NOISE, UH, THE TRAFFIC AND THE HEIGHT.

UM, IT JUST IS NOT IMMEDIATELY CLEAR TO ME WHAT THEIR INTENTIONS ARE AND THIS IS A CONCERN THAT IS BEING ECHOED AND, UM, I WOULD JUST LIKE THE CITY PLANNERS TO WEIGH THAT IN CONSIDERATION.

UH, THANK YOU.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS NATHAN HOOD.

NATHAN WILL BE JOINING US VIRTUALLY.

NATHAN, YOU'LL HAVE TWO MINUTES.

YEAH, HI, UH, THANKS FOR YOUR TIME TODAY, FOLKS.

UM, THE SOUTH STANFORD IS THE, A REALLY SPECIAL PLACE.

I I'VE LIVED THERE BETWEEN 2000 1 0 4, UH, LITTLE RENTAL.

AND THEN WE BOUGHT THAT 1401 EVA ABOUT EIGHT YEARS AGO.

I HAD, I GUESS, TWO MAIN CONCERNS I WANTED TO RAISE.

AND ONE IS ABOUT INCREASED TRAFFIC, UH, ON THE SIDE STREETS.

AND I, I LOVE THE ENERGY AND THE BUSTLING NATURE OF SOUTH CONGRESS AND, UM, BUT IT'S ALSO GETTING TO THE POINT WHERE IT FEELS ALMOST UNSAFE SOMETIMES, AND YOU PULL 'EM OUTTA THE PARKING GARAGE AND HAVE KIDS AND WAYMO'S AND SCOOTERS AND, AND, AND PEOPLE WALKS IN DOGS AND ADDING MORE TO THAT.

IT WAS WORRISOME, I THINK DURING PEAK GOOD TIMES.

SO THAT'S THAT, THAT ADDING MORE TRAFFIC WITHOUT MORE PLANNING ABOUT IT IS, IS A WORRY.

THE SECOND THING I'M PARTICULARLY CONCERNED ABOUT IS, UH, CHANGES TO, UM, THE HEIGHT RESTRICTIONS, EXISTING BUILDING REUSE.

I DON'T REQUIRE THAT.

AND SO, UM, THIS, THIS REQUEST SEEMS TO INDICATE THAT THERE IS ADDITIONAL REDEVELOPMENT PLANNED.

AND SO I'M JUST CONCERNED THAT IF WE, IF PAT'S OPENING THE DOOR FOR THAT, THAT'S, UM, THAT'S, THAT'S NOT WHAT'S BEING DISCUSSED AND THAT THAT SHOULD BE BROUGHT FORWARD.

SO, UM, CONCERNED ABOUT THE HEIGHT RESTRICTION CHANGES AND, UH, DILUTING WHAT MAKES SOUTH TIME SPECIAL MORE, MORE DEVELOPMENT.

THAT'S ALL I HAVE.

THANK YOU TIME FOLKS.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS KAREN MCCALLUM.

KAREN WILL BE JOINING US VIRTUALLY.

KAREN, YOU'LL HAVE TWO MINUTES.

IS MS. MCCALLUM IN THE QUEUE? SHE'S IN THE QUEUE.

CAN Y'ALL HEAR ME? WE CAN HEAR YOU.

GO AHEAD.

SORRY.

THANK YOU.

UM, YES, THIS IS KAREN MCCALLUM.

I AM, UM, AN OWNER OVER AT 1401 EVA STREET, AND I AM JUST CALLING INTO, UH, ECHO, UM, THE SAME THING AS MY NEIGHBORS.

UH, JUST THAT WE ARE CONCERNED ABOUT TRAFFIC AND, UM, THE HEIGHT AND UH, AS WELL AS, UH, NOISE, ESPECIALLY WITH PLANS FOR OUTDOOR RECREATION AND WHAT SOUNDS LIKE MAYBE CONCERTS AND THINGS LIKE THAT.

UM, JUST, UM, ALSO JUST THE FULL SCOPE AND NOT QUITE UNDERSTANDING WHAT THE TRUE PLANS ARE.

IT SEEMS LIKE THERE'S A LOT, UM, DEFINITELY OPEN TO SMALLER PROJECTS.

THE KITCHEN SOUNDS LIKE AN EASY, UM, UH, YES TO AND THINGS LIKE THAT FOR THEIR CLUB, BUT, UM, WE REALLY WOULD APPRECIATE MORE, UH, CLARITY AND, UM, JUST MORE FOCUS ON, UM, DECREASING THE TRAFFIC AND NOISE AND HEIGHT, UM, UH, REQUEST.

UM, AND THAT'S ALL.

UH, I HAVE.

THANK YOU SO MUCH.

THANK YOU FOR YOUR COMMENTS CHAIR.

THAT CONCLUDES THE SPEAKERS ON THIS ITEM.

WE'LL NOW BE HEARING FROM THE APPLICANT FOR A REBUTTAL.

[00:45:09]

HI COMMISSIONERS.

I WOULD JUST SAY IN RESPONSE, UM, AS FAR AS THE HEIGHT, UM, WE ARE FINE WITH LEAVING A HEIGHT RESTRICTION IF YOU'D LIKE IN THE ORDINANCE BECAUSE WE'RE PLANNING ON USING THE EXISTING STRUCTURE.

UM, AND AS FAR AS I UNDERSTAND THAT THE DBE TODD WOULD ACTUALLY SUPERSEDE THAT ANYWAY, SO IT, I'LL LEAVE THAT UP TO YOU, BUT I'LL JUST SAY THAT FROM OUR PERSPECTIVE.

THAT'S FINE.

UM, AND I WOULD JUST, I, I'M HAPPY TO ANSWER INDIVIDUAL QUESTIONS ABOUT SPECIFIC USES.

THERE WERE A FEW THROWN OUT THAT I CAN, I CAN TALK ABOUT IF YOU'D LIKE, BUT I WOULD JUST SAY THAT, UM, AS FAR AS THIS BEING A TRANSITIONAL USE INTO THE NEIGHBORHOOD, I THINK THIS IS ACTUALLY AN EXCELLENT TRANSITIONAL USE.

IT'S, IT'S LOW RISE, IT'S EXACTLY, UM, YOU KNOW, IN TUNE WITH THE NEIGHBORHOOD.

IT'S BEEN THERE FOR A LONG TIME.

UM, BUT IT IS A COMMERCIAL USE AND WE ARE RIGHT OFF OF SOUTH CONGRESS AVENUE.

THANK YOU.

THANK YOU.

LET'S TAKE A VOTE TO CLOSE THE PUBLIC HEARING.

I'M LOOKING FOR A MOTION AND A SECOND MOTION BY COMMISSIONER SKIDMORE, SECONDED BY VICE CHAIR HANEY.

WITHOUT OBJECTION, THAT ITEM PASSES.

WE'LL MOVE INTO OUR ROUND ROBIN AND SO WE HAVE SLOTS FOR EIGHT COMMISSIONERS TO ASK QUESTIONS AT FIVE MINUTES EACH.

WHO WOULD LIKE TO START US OFF? YES.

COMMISSIONER GANON, GO AHEAD.

ALRIGHT, THANK YOU.

I HAVE A QUESTION FOR STAFF AND IT'S A TECHNICAL ONE ABOUT E-T-O-D-D-B-E-T-O-D CYNTHIA HAD PLANNING.

OKAY.

HEY, UH, CAN YOU, I, I'M A LITTLE UNCLEAR WITH THE CO AND THE DB, UH, ETOD, UH, WHAT SUPERSEDES WHAT IN, IN, I GUESS WHICH ORDER BECAUSE I, BECAUSE I GUESS MY UNDERSTANDING IS THAT THE HEIGHT CAP IS NOT REALLY, UM, DOES THE CO CONTROL THE HEIGHT OR WOULD IT THAT'S CORRECT.

UM, IT DOES CO IS A CONDITIONAL OVERLAY ON THE PROPERTY, BUT THE E TODD OVERLAY, WHICH IS THIS PROPERTY HAS THE ZONING FOR SUPERSEDES THAT HEIGHT CO.

SO, UM, THAT WILL SUPERSEDE IT.

SO EVEN THOUGH THERE IS A HEIGHT CAP IN THE CONDITIONAL OVERLAY FROM THE ORDINANCE IN 2011 AND 2006, UM, THIS, THE EO OVERLAY SUPERSEDES IT.

SO TODAY WITHOUT ANY REZONING AT ALL, SOMEONE COULD COME IN AND BUILD 60 FEET PLUS 30 IF THEY INCLUDE AFFORDABLE HOUSING FOR A TOTAL OF 90 FEET.

THIS IS SUBDISTRICT ONE, SO PLUS 60, IT 120 FEET.

OKAY.

WITHOUT REZONING.

SO WITHOUT REZONING.

SO REALLY THE HEIGHT ISSUE, IT'S THERE, THERE'S EVEN KEEPING THE HEIGHT IN ON THE CO WOULD NOT LIMIT THE HEIGHT THAT THAT BUILDING COULD GET TO.

THAT'S CORRECT.

IS THAT RIGHT? OKAY.

SO THIS IS, SO THAT PORTION OF IT IS PURELY JUST A CLEANUP BILL OR A CLEANUP PIECE, LIKE IF THEY WOULD LIKE AND IF YOU GUYS WOULD LIKE TO RECOMMEND IT.

YES.

AND THEN FOR USES, DOES THE CO UH, RESTRICT, UH, DBE UH, EAD? DOES EAD SUPERSEDE IT? YEAH, IT NOT FOR ALL OF THE USES THAT ARE IN THERE.

SO THERE ARE SOME USES THAT CAN STILL BE PROHI, UH, PROHIBITED AND FROM THE, THAT WOULD SUPERSEDE THE EAU ESSENTIALLY, IF THEY'RE ALREADY PROHIBITED THEN THEY, THEY WILL REMAIN.

SO THEN THIS IS WHERE WE WOULD HAVE TO, UH, BRING RESTAURANT IN IF THEY WANTED TO ADD THE KITCHEN.

THAT'S CORRECT.

OKAY.

OKAY.

UH, THAT'S MY, UH, QUESTION.

THAT WAS JUST KIND OF A, AN UNDERSTANDING QUESTION I GUESS.

YEAH.

ANY OTHER COMMISSIONERS WITH QUESTIONS? YES, COMMISSIONER, SKIP MORE.

I GUESS A QUESTION FOR STAFF SINCE YOU'RE THERE ALREADY.

MM-HMM .

UH, AGAIN, THIS IS RELATING THE BASE ZONING AND E TODD, CAN YOU SPEAK FOR A MOMENT ABOUT, UH, IMPERVIOUS COVER REGULATIONS AND HOW THEY CARRY FORWARD OR NOT? GIVE ME ONE SECOND.

IT DOES CHANGE WITH E TODD, I BELIEVE.

I DON'T HAVE ONE SECOND.

UM, IS THERE ANOTHER QUESTION THAT YOU WANNA ASK THE APPLICANT IN THE MEANTIME WHILE I LOOK THIS UP? UH, YEAH, I THINK I CAN ASK APPLICANT A QUESTION TOO WHILE YOU'RE LOOKING THAT UP BECAUSE, UH, AND THIS IS RELATED TO I GUESS, SECTION D THAT'S PROPOSED IN THE, THE RED LINE THAT REMOVES THE BUILDING COVERAGE OF 60% AND IMPERVIOUS COVER OF 75%.

YES.

DO YOU KNOW APPROXIMATELY WHAT THE EXISTING CONDITIONS AND IMPERVIOUS COVER OF THAT SITE IS? SO WE DON'T, WHICH IS WHY WE'RE SUGGESTING THAT WE JUST GET RID OF THAT PREVIOUS COVER IN THE BASE DISTRICT IS 95%.

UM, I THINK IT'S PROBABLY CLOSE TO THAT TODAY.

IT'S A SURFACE PARKING LOT COVERED BY BUILDING.

OKAY.

UM, SO WE WERE SUGGESTING TO JUST REMOVE THAT AND RELY ON THE BASE DISTRICT FOR THAT REASON.

UNDERSTOOD.

OKAY.

SO THAT'S WHY WE'RE SUGGESTING REMOVING IT.

THAT'S WHAT I SEE WHEN I LOOK AT THE, AT THE, THE SITE AND THE AERIAL IS THAT IT'S ALREADY ALL PARKING.

YES.

AND BY THE ORDINANCE AS IT CURRENTLY EXISTS, WE WOULD BE OF, IN ORDER TO REMOVE PARKING AND BUILD SOMETHING ELSE, WE WOULD BE REDUCING IMPERVIOUS, ALLOWABLE IMPERVIOUS COVER WHEN THE SITE REDEVELOPS IT WOULD HAVE TO PROBABLY REDUCE A BIT, A LITTLE BIT.

I WOULD IMAGINE THAT THIS CHURCH PREDATES THE

[00:50:01]

ZONING.

OKAY.

SO IT'S PROBABLY LEGAL NONCONFORMING, BUT, AND THE ETON DOES NOT SUPERSEDE THE IC.

OKAY.

SO THAT'S ALL IT WOULD BE THE BASE ZONING.

OKAY.

THANK YOU.

THAT'S ALL I HAVE RIGHT NOW.

OTHER COMMISSIONERS WITH QUESTIONS.

? YES.

COMMISSIONER BRETTON, I HAVE A COUPLE.

AND SINCE STAFF IS HERE, I WOULD LOVE TO HEAR A LITTLE BIT OF AN EXPLANATION ABOUT HOW THE CUP PROCESS WORKS, THE CONDITIONAL USE PERMIT PROCESS WORKS.

IF WE WERE TO ADD A OUTDOOR, UH, RECREATION OR OUTDOOR SPORTS AND ENTERTAINMENT OR OUTDOOR ENTERTAINMENT AND OUTDOOR SPORTS AND RECREATION, THOSE WOULD BE CONDITIONAL USES.

THE, UH, TENANT OR APPLICANT WOULD NEED TO GO THROUGH A CUP PROCESS, IS THAT CORRECT? THAT'S CORRECT.

ZONING DOESN'T HANDLE THAT, BUT THEY WOULD NEED TO COME BACK, UM, AND BRING THAT TO YOU GUYS FOR REVIEW.

UM, AND THEN IT WOULD GO TO CITY COUNCIL AS WELL.

SO FOR A USE OF THOSE TWO CATEGORIES, THERE WOULD HAVE TO BE ADDITIONAL ENGAGEMENT WITH THE PUBLIC FOR THAT TO ACTUALLY GO ONTO THE SITE? THAT'S CORRECT, YES.

WONDERFUL.

I HAVE SOME ADDITIONAL QUESTIONS FOR THE APPLICANT.

GO AHEAD.

HELLO? HELLO.

OKAY.

SO WOULD YOU MIND, I'VE HEARD THAT THERE IS A, UH, RESTRICTIVE COVENANT ALONG WITH THE CONDITIONAL OVERLAY.

COULD YOU EXPLAIN THE OVERLAP, UH, IF THERE IS ANY, BETWEEN THE EXISTING CONDITIONAL OVERLAY AND THE EXISTING RESTRICTIVE COVENANT? YES.

UM, AND IF YOU DON'T MIND PULLING UP MY PRESENTATION, I HAVE A SLIDE IN THE BACKGROUND THAT I CAN FIND.

UM, BUT I WOULD SAY THAT, UM, WHILE WE'RE PULLING THAT UP, THANK YOU.

THE, UM, THE, THERE WE GO.

HERE WE GO.

UM, SO INSTEAD OF RESTRICTING USES, THE RESTRICTIVE COVENANT ACTUALLY ONLY PERMITS CERTAIN USES.

SO, AND IT ALSO HAS SITE DEVELOPMENT STANDARDS, UM, WHICH WE DIDN'T GET INTO ALL OF THE DETAILS HERE, BUT, UM, HEIGHT IS ONE OF THEM.

I BELIEVE IT'S 40 FEET IN THE PRIVATE RC.

UM, SO I THINK EVERYONE WHO SPOKE KNOWS THAT WE'RE BEEN DOING A LOT OF OUTREACH ON THAT FRONT AS WELL.

CONCURRENTLY, OBVIOUSLY IT'S NOT A PUBLIC COVENANT, BUT, UM, WE WILL NEED TO MAKE SOME AMENDMENTS AND WE'RE HOPING TO WORK WITH THE NEIGHBORS.

UM, IT'S A SLIGHTLY DIFFERENT GROUP OF COURSE, BUT UM, TO MAKE SOME AMENDMENTS IN ORDER TO ALLOW US TO DO WHAT WE WANT.

SO TO COMMISSIONER GANNON'S POINT, WHILE THE BASE ZONING ALLOWS FOR, OR E-T-O-D-D-B TO D WOULD ALLOW 120 FEET, THE RESTRICTIVE COVENANT CURRENTLY WOULD ONLY ALLOW A DEVELOPER TO GO UP TO 40 FEET.

CORRECT.

WONDERFUL.

UH, ARE SOME OF THE, SOME OF THE SITE DEVELOPMENT REQUIREMENTS AS A PART OF, UH, THE PART D IN THE CONDITIONAL OVERLAY ALSO IN THE RESTRICTIVE COVENANT? YES.

OKAY.

SO THAT'S THE BUILDING COVERAGE OF 60%, THE IMPERVIOUS COVER OF 75, UH, THE FLORIDA AREA RATIO, UM, I BE THERE, I BELIEVE THERE IS AN FAR LIMIT IN THERE.

UM, I THINK WE HAVE A COPY OF IT HERE.

UM, BUT YES, IT DOES HAVE PRETTY EXTENSIVE, LIKE I SAID, IT'S, IT'S MORE RESTRICTIVE THAN THE CONDITIONAL OVERLAY.

SO BY CLEANING UP THE CONDITIONAL OVERLAY THAT EXISTS ON THIS SITE, IT WOULD NOT CHANGE THE REALITIES AS OF CURRENT AS TO WHAT COULD BE BUILT ON THE SITE THAT WOULD HAVE TO GO THROUGH SOME ADDITIONAL AMENDMENTS WITH THE RESTRICTIVE COVENANT.

CORRECT.

WONDERFUL.

COULD YOU PLEASE OUTLINE THE CONVERSATIONS THAT YOU'VE BEEN HAVING WITH THE LOCAL COMMUNITY? YES.

ABOUT THE RESTRICTIVE COVENANT? YES.

SO PRIVATE COVENANTS ARE DIFFICULT.

THEY'RE ALL DIFFERENT.

THEY WERE WRITTEN BY TWO PARTIES, UM, WITHOUT OVERSIGHT.

SO THIS WAS WRITTEN, YOU KNOW, IN, IN 2000, I BELIEVE IN 2006.

UM, IT IS ALL OF THE OWNERS, PROPERTY OWNERS WITHIN 200 FEET ON ALL SIDES.

UM, AND SO IT INCLUDES THE OH FOUR LOFT, IT INCLUDES A LOT OF SINGLE FAMILY RESIDENTIAL SITES.

IT ALSO INCLUDES A BUNCH OF COMMERCIAL SITES ALONG CONGRESS.

UM, EACH ONE HAS TO VOTE.

WE NEED 75%, I BELIEVE EITHER 70 OR 75% OF THOSE OWNERS IN ORDER TO, UM, AMEND THAT COVENANT.

SO WE HAVE DONE OUTREACH, WE'VE SENT LETTERS OUT TO FOLKS.

WE HAVE HELD AN EVENT ON OUR SITE TO TRY TO ENCOURAGE PEOPLE TO COME OVER.

IT'S GONNA BE, UM, IT'S GONNA BE A LOT MORE WORK, BUT WE'RE HOPING BY RUNNING THESE AT THE SAME TIME, WE'RE HOPING, YOU KNOW, AND THEY ARE KIND OF EACH INFORMING THE OTHER.

SO I HAVE A, A FOLLOW UP QUESTION.

YES.

WHAT MIGHT YOU HAVE TO DO AS THE APPLICANT TO REMOVE THAT RESTRICTIVE COVENANT? COMPLETELY? UH, WE HAVE TO GET THE SIGN OFF NOTARIZED SIGNATURE OF THREE QUARTERS OF THE PEOPLE WHO OWN PROPERTY WITHIN 200 FEET.

GOT IT.

SO IT'S A VERY COMPLIC COMPLICATED AND DIFFICULT PROCESS TO ACTUALLY GO THROUGH THIS AND CHANGE WHAT CAN BE BUILT ON THE SITE TODAY? ABSOLUTELY.

REGARDLESS OF WHAT THE CONDITIONAL OVERLAY ACTUALLY HAS.

YES, SIR.

OKAY.

UH, ONE QUICK QUESTION.

MAYBE YOU COULD, UH, ILLUMINATE THE OPTIONS THAT SOMEONE, UH, THE APPLICANT OR ANOTHER PROPERTY OWNER MIGHT HAVE ON THE SITE IF THEY WERE TO USE SB EIGHT 40.

SB EIGHT 40 ALSO DOES NOT OVERRIDE A

[00:55:01]

PRIVATE DUE RESTRICTION.

WONDERFUL.

THANK YOU.

YOU GOT IT.

UM, CAN I JUST CLARIFY SOMETHING REGARDING THE CUP? ABSOLUTELY.

UM, JUST FOR THE PROCESS, THE APPLICATION WOULD GET SUBMITTED TO A DS AND THEN IT GOES TO, TO YOU GUYS FOR ACTION.

AND THAT ACTION IS FINAL UNLESS IT'S, UM, UNLESS THERE'S AN APPEAL SUBMITTED TO THE CITY COUNCIL.

SO IT WOULDN'T MOVE FORWARD TO CITY COUNCIL AFTERWARDS UNLESS THERE'S AN APPEAL.

WONDERFUL.

THANK YOU.

OTHER COMMISSIONERS WITH QUESTIONS? YES.

COMMISSIONER MAXWELL.

I A COUPLE OF QUESTIONS FOR THE APPLICANT.

AND ACTUALLY, SORRY, I'M GONNA SAY I HAVE A QUESTION FOR STAFF.

REALLY FIRST, JUST THIS SINCE, UH, MS. AUDREY IS SITTING RIGHT THERE, UM, I THINK WAS REFERENCED THAT WE NORMALLY, AND LOOKING AT THE DATE OF THE BACKUP MATERIALS, WHICH IS I THINK 2011, WE WOULD BASICALLY HANDLE THE ZONING CASE A LITTLE BIT DIFFERENT IN TERMS OF WHAT WAS INCLUDED IN A RESTRICTED COVENANT AND WHATNOT.

IS THAT CORRECT? THAT'S CORRECT, YES.

SO, SO THE, SOME OF THE REQUESTS IN TERMS OF UPDATING, SOMETIMES WE DO DO THIS WITH ZONING CASES, IF WE TAKE AN OPPORTUNITY TO SORT OF MODERNIZE WHAT IS PERMITTED OR NOT PERMITTED TO CURRENT STANDARDS, WOULD YOU SAY? UH, I WOULD SAY THAT MOST OF WHAT'S IN THERE IS WHAT WE WOULD PUT IN TODAY, EXCLUDING THE TRIP COUNT OFF THE TOP OF MY HEAD.

UM, BUT THE SITE DEVELOPMENT STANDARDS CAN ALWAYS BE IN A CO AND SAME WITH THE HEIGHT AND THE, THE USES.

OKAY, GREAT.

'CAUSE I JUST WANTED TO MAKE SURE THAT WE'RE NOT REALLY, WE'RE IN SOME WAYS JUST ALIGNING WITH WHAT WE WOULD AL ALREADY SEE IF WE WERE REZONING THIS PROPERTY TO, UH, THE CURRENT STANDARDS.

IS THAT CORRECT? YES.

OKAY.

GREAT.

AND THEN, UH, FOR THE APPLICANT, I DID ACTUALLY WANNA JUST, I WAS CURIOUS ABOUT THE USE.

YOU MENTIONED A COWORKING SPACE AND SORT OF, UM, MAYBE SOME ONSITE FOOD.

UM, THERE SEEMED TO BE A LOT OF CONCERNS ABOUT NOISE AND PARKING, BUT IT SEEMS LIKE THAT'S A RELATIVELY LIGHT USE IN TERMS OF WHAT WOULD BE OCCURRING THERE.

IS THAT CORRECT? YES.

THE, UM, THE PARKING LOT IS CURRENTLY RUN AS A PAY PAY TO PARK LOT, I THINK, WHICH IS GREAT OFF SOUTH CONGRESS.

UM, SO WE WOULD, I BELIEVE WE WOULD EXPECT TO CONTINUE THAT USE.

UM, SO THAT'S ONE OF THE USES THAT WE'RE PROHIBIT, THAT WE'RE ALLOWING IN THE CONDITIONAL OVERLAY.

AND THEN, UM, THE, YOU KNOW, THERE WOULD BE INDOOR EVENTS, THERE WOULD BE SPEAKER SERIES.

IT'S KIND OF LIKE A, THE IDEA IS TO HAVE A KIND OF A HUB OF CIVIC, UM, DISCOURSE, UM, THERE.

BUT, UM, YEAH, THE IDEA, IF WE DID WANNA DO ANYTHING OUTSIDE, WE WOULD'VE TO GO THROUGH THE PROCESS THAT, UM, MS. RI OUTLINED.

AND THEN REGARDING THE, UM, UH, ACCESS ON GIBSON, IT SEEMS, IF I'M LOOKING AT IT CORRECTLY, THAT THERE IS, THAT IS PART OF THE PTMD AND SORT OF THERE'S PAID PARKING THERE, WAS THERE DISCUSSION UP TOP ABOUT POTENTIALLY REMOVING SOME OF THE CAR USES THERE OR JUST SORT OF TRYING TO FREE UP THE TRAFFIC SPACE ON THE STREET ITSELF GIVEN THE CONCERNS THAT HAVE BEEN RAISED? I MEAN, WE COULD CERTAINLY TALK ABOUT THAT.

WE HAVEN'T REALLY GOTTEN TO THAT POINT IN THE PERMITTING PROCESS.

WE'RE TRYING TO GET A LITTLE FURTHER ALONG IN THIS PORT PART AND IN THE PRIVATE RESTRICTIVE COVENANT.

BUT, UM, YOU KNOW, WE WILL BE GOING THROUGH A SITE PLAN EXEMPTION PROCESS TO DO THE RENOVATIONS AND CHANGE THE USE AND STUFF.

SO WE WOULD, YOU KNOW, OF COURSE, BE WORKING WITH TRANSPORTATION STAFF AT THAT TIME.

OKAY, GREAT.

I MEAN, I JUST KNOW THAT, SO OTHER PARTS OF THAT NEIGHBORHOOD ACTUALLY HAVE RPP MM-HMM .

WHICH MIGHT EASE SOME OF THE CONCERNS ABOUT PARKING IN AND AROUND DIRECTLY THAT AREA.

YES.

PARTICULARLY ON THAT SITE.

UM, AND THEN JUST, UH, THE FINAL QUESTION WAS OBVIOUSLY WE, AS WE TALKED ABOUT, THERE'S A LITTLE BIT OF CLEANUP GOING ON HERE.

UM, IT SOUNDS LIKE THE STAFF RECOMMENDATION ALIGNS WITH WHAT YOU ALL THINK WOULD BE THE BEST UPDATES TO THE ACTUAL, UH, CURRENT STANDARDS OF THE ZONING.

IS THAT CORRECT? IT DOES.

OKAY, GREAT.

THANK YOU.

THOSE ARE MY QUESTIONS.

OTHER COMMISSIONERS WITH QUESTIONS? NOT, I'M LOOKING FOR A MOTION COMMISSIONER PER, DO YOU HAVE A QUESTION OR YOU WANNA MAKE A MOTION? GO AHEAD.

UH, QUESTION FOR THE APPLICANT.

UM, WHEN IT COMES TO THE RESTRICTIVE COVENANTS, I KNOW THAT WE'RE NOT HEARING ABOUT THAT TONIGHT, BUT THE, THERE IS AN OPPORTUNITY TO EITHER TO VACATE THEM OR AMEND THEM, IS THAT CORRECT? THAT IS CORRECT.

AND THAT'S THAT REQUIREMENT OF 75% OF THE OWNERS IN THE 200 FOOT RADIUS, THAT STILL APPLIES TO THAT AMENDMENT AS WELL? IS THAT CORRECT? FOR EITHER ONE.

AND IF I COULD, I WOULD SAY, YOU KNOW, I WOULD LET EVERYONE KNOW THAT WE, WE START OFF WITH TERMINATION BECAUSE SOMETIMES THAT'S THE CLEANEST AND SIMPLEST AND A LOT OF TIMES WITH AN OLD COVENANT, PEOPLE ARE OPEN TO THAT.

UM, BUT MORE OFTEN THAN NOT, UM, THE NEXT STEP IS, OKAY, IF WE DON'T WANNA TERMINATE, WHAT DO WE WANNA KEEP? AND I THINK THAT'S THE POINT WE'RE AT RIGHT NOW IS, IS HOW DO WE AMEND THAT TO MAKE IT WORK FOR EVERYBODY.

OKAY.

THANK YOU SO MUCH.

THANK YOU.

ALL RIGHT.

IF THERE ARE ANY MORE QUESTIONS, I'M LOOKING FOR A MOTION AND A SECOND.

YES.

COMMISSIONER GANNON.

I'LL MAKE A MOTION FOR STAFF RECOMMENDATION.

SECONDED BY COMMISSIONER MAXWELL.

COMMISSIONER GANNON, WOULD YOU LIKE TO SPEAK TO YOUR MOTION? SURE.

UM, I HAD A CHANCE TO TALK WITH, UH, SOME FOLKS FROM THE OH FOUR LOFTS AND, UH, AND WITH THE APPLICANT AS WELL.

IT SEEMS LIKE THERE'S, YOU KNOW, CONCERNS AROUND HEIGHT.

I KNOW THAT THERE'S BEEN DISCUSSION AROUND, UM, YOU KNOW, THE VIEW OF DOWNTOWN.

UM, UH, BUT IN, FROM MY UNDERSTANDING, THIS, UH, SEEMS LIKE A PRETTY REASONABLE REQUEST, UH, TO TURN AN OLD CHURCH INTO A, UM, YOU KNOW, A COWORKING SPACE, WHICH IS, YOU KNOW, IS KIND OF A THIRD PLACE.

IT'S KIND OF A FIRST PLACE, I GUESS, BUT IT'S KIND OF A THIRD

[01:00:01]

PLACE AS WELL.

AND I THINK THAT IT'S A, UM, ANYWAYS, I'M, I'M HAPPY TO SUPPORT STAFF'S RECOMMENDATION.

ANYONE SPEAKING AGAINST THE MOTION? ANYONE LIKE ELSE LIKE TO SPEAK FOR IT? YES, COMMISSIONER MAXWELL.

GO AHEAD.

UM, IN A PREVIOUS LIFE BEFORE I SAT UP HERE ON A DAAS ON TUESDAY NIGHTS, I ACTUALLY RAN A COWORKING SPACE, AND I JUST WANNA SECOND WHAT COMMISSIONER GANNON JUST SAID.

THESE ARE WONDERFUL SPACES TO HAVE IN COMMUNITIES, UM, PARTICULARLY IN A PLACE LIKE THIS WHERE THERE'S AMPLE PARKING, SO THERE'S ACCESS FOR PEOPLE WHO LIVE IN THE NEIGHBORHOOD OUTSIDE THE NEIGHBORHOOD.

IT'S IN A VIBRANT PART OF OUR CITY.

I FEEL LIKE IT'S A GREAT ADDITION TO THE SOUTH CONGRESS NEIGHBORHOOD IN TERMS OF WHAT'S OFFERED, NOT ONLY IN TERMS OF, YOU KNOW, VENUES, PEOPLE LIKE TO GO AND VISIT AND BARS AND RESTAURANTS, BUT ALSO A PLACE WHERE PEOPLE CAN ACTUALLY BE IN COMMUNITY.

SO I'M THRILLED TO SUPPORT THIS AND I'M SUPER EXCITED TO SEE A REVISED AND BETTER VERSION OF WHAT IS CURRENTLY AN UNDERUTILIZED LOT IN ONE OF OUR MOST, UH, FAMOUS AND WELL RESPECTED AREAS.

OTHER COMMISSIONERS SPEAKING TO THE MOTION.

OKAY, LET'S GO AHEAD AND TAKE A VOTE.

THOSE IN FAVOR OF STAFF RECOMMENDATION.

ALL RIGHT, THAT'S UNANIMOUS.

THAT ITEM PASSES.

THANK YOU SO MUCH TO OUR SPEAKERS FOR COMING OUT ON THIS ITEM TONIGHT AND TO STAFF AND OUR APPLICANT.

WE'LL MOVE ON TO OUR SECOND DISCUSSION

[9. PUD Amendment: C814-06-0175.07 - East Avenue PUD Amendment #7, Parcel A; ]

ITEM, WHICH IS ITEM NINE, AND WE'LL HEAR FROM STAFF FIRST ON THIS ITEM.

GOOD EVENING COMMISSIONERS NANCY ESTRADA WITH THE AUSTIN PLANNING.

ITEM NUMBER NINE ON YOUR AGENDA IS CASE NUMBER C 8 14 0 6 0 1 7 5 0.07.

THIS IS THE EAST AVENUE PLA PLANNED UNIT DEVELOPMENT.

PUT AMENDMENT NUMBER SEVEN LOCATED AT 3500, 3500 AND A HALF, 35 0 2, 35 0 6, AND 3,700 NORTH IH 35 SERVICE ROAD, SOUTHBOUND 10 10 AND A HALF, 10 12, 10 12 AND A HALF, 10 18 AND 10 18 AND A HALF CONCORDIA AVENUE.

THE EAST AVENUE PET IS LOCATED IN CENTRAL AUSTIN ALONG THE SOUTHBOUND IH 35 FRONTAGE LANES BETWEEN EAST 32ND STREET AND EAST 38TH STREET.

THE PUT IS APPROXIMATELY 22 ACRES, BUT THE SUBJECT PROPERTY IDENTIFIED AS PARCEL A IS 1.13 ACRES WITHIN THE P LOCATED AT THE INTERSECTION OF CONCORDIA AVENUE AND IH 35 FRONTAGE LANES.

THE APPLICANT IS REQUESTING AN AMENDMENT TO INCREASE THE ALLOWABLE BUILDING HEIGHT AND TO REMOVE THE DEVELOPMENT REGULATIONS THAT PROHIBITS VEHICULAR ACCESS TO CONCORDIA AVENUE.

ON PARCEL A, THE REQUEST WAS TO INCREASE THE ALLOWED HEIGHT FROM 160 FEET TO 270 FEET.

HOWEVER, THE APPLICANT HAS JUST AMENDED THEIR REQUEST TO BE IN AGREEMENT WITH STAFF'S RECOMMENDATION OF 195 FEET FOR THE ALLOWABLE BUILDING HEIGHT.

IN ADDITION, THE APPLICANT IS PROPOSING TO INSTALL A CAPITAL METRO BIKE SHARE STATION WITHIN THE PUD RIGHT OF WAY TO ENHANCE BICYCLE MOBILITY ALONG WITH A HUNDRED THOUSAND DOLLARS CONTRIBUTION TO THE ART AND PUBLIC PLACES PROGRAM.

THE STAFF'S RECOMMENDATION IS TO GRANT THE AMENDMENT AS SHOWN IN THE PROPOSED PUD AMENDMENT SUMMARY OF YOUR STAFF REPORT, WHICH INCLUDES A MAXIMUM BUILDING HEIGHT OF 195 FEET.

FOR PARCEL A, THE EAST AVENUE PUD HAS HAD TWO PRIOR AMENDMENTS IN WHICH THE ALLOWABLE BUILDING HEIGHT HAS BEEN INCREASED.

IN OCTOBER OF 2022, THE HEIGHT WAS INCREASED TO 120 FEET, AND IN NOVEMBER OF 2023, THE ALLOWABLE HEIGHT WAS INCREASED TO 160 FEET.

AND NOW AN AMENDED REQUEST OF 195 FEET IS BEING PROPOSED.

PARTIAL A IS LOCATED ALONG A MAJOR ARTERIAL, HOWEVER, IT IS ALSO ADJACENT TO LOWER SCALE RESIDENTIAL AND MIXED USE DEVELOPMENT, INCLUDING AREAS OF EAST IH 35.

WHILE STAFF SUPPORTS HIGHER DENSITY ALONG MAJOR ARTERIALS, A MAXIMUM BUILDING HEIGHT OF TWO 70 WOULD REPRESENT A SCALE THAT IS NOT CONSISTENT WITH THE SURROUNDING AREA.

HOWEVER, THE APPLICANT IS NOW IN AGREEMENT WITH LIMITING THE MAXIMUM BUILDING HEIGHT FOR PARCEL A TO 1 95, WHICH WOULD BE IN ALIGNMENT WITH THE HIGHEST HEIGHT CURRENTLY PER PERMITTED ON PORTION ON A PORTION OF PARCEL G WITHIN THE P.

THIS MODIFICATION WOULD STILL ALLOW FOR ADDITIONAL DENSITY WHILE MAINTAINING A MORE APPROPRIATE SCALE TO SURROUNDING DEVELOPMENT.

I'M AVAILABLE FOR ANY QUESTIONS, AND WE ALSO HAVE TRANSPORTATION STAFF HERE FOR ANY QUESTIONS YOU MAY HAVE.

THANK YOU.

WE'LL FIRST BE HEARING FROM THE APPLICANT.

LEAH BOJO.

LEAH, YOU'LL HAVE FIVE MINUTES.

HELLO COMMISSIONERS.

LIAM POJO HERE ON BEHALF OF THE APPLICANT.

.

UM, SO HERE IS AN AERIAL OF THE, OF THE LOT AND THE PUD OVERALL YOU CAN SEE OUTLINED IN BLUE.

UM, YOU CAN ALSO SEE THAT WHILE THIS SITE IS OBVIOUSLY, UM, ON THE I 35 FRONTAGE ROAD, UM, IT IS ALSO, UM, PRETTY WELL LOCATED ACTUALLY FOR SERVICES AND, UM, AND, UH, YOU KNOW, WALK IT'S WALKABLE TO SEVERAL GROCERY STORES AND UT AND THINGS LIKE THAT.

SO IT'S ACTUALLY A PRETTY GREAT, PRETTY

[01:05:01]

GREAT LOCATION FOR THAT.

UM, THIS IS THE SITE CLOSE CLOSER IN.

YOU CAN SEE HERE THAT THE REASON THAT IT IS SHAPED LIKE THAT IS BECAUSE TXDOT TOOK RIGHT AWAY FROM, UH, FROM US TO, I THINK LAST YEAR.

UM, SO WE, WE HAVE BEEN BEFORE YOU A COUPLE OF TIMES AND I'LL GO INTO THAT IN A MINUTE, BUT THAT'S ONE OF THE REASONS.

UM, HERE IS A ZONING MAP.

IT'S ALREADY ZONED FOR, UM, MIXED USE AND OBVIOUSLY WE'RE KEEPING PUD BUT ASKING TO CHANGE THE CONDITION OF THE P UM, SO THIS IS A, THIS IS A PARCEL MAP FROM THE ORIGINAL LAND USE PLAN WITH THE POD.

SO I, I WANT, I THOUGHT THIS WAS IMPORTANT BECAUSE IT SHOWS, UM, WHAT, UM, MS. ESTRADA MENTIONED A MINUTE AGO, WHICH IS THAT, UM, THE 195 FEET IS, UM, SOMETHING THAT IS ALLOWED IN OTHER PLACES IN THE PUT ALSO ALONG THE I 35 FRONTAGE ROAD.

UM, SO OUR REQUEST IS TO, SORRY, WE HAVE AN UPDATE OUR PRESENTATION FROM ONE 60 TO 1 95, UM, IN LINE WITH WHAT STAFF IS RECOMMENDING, UM, WE ARE REQUESTING TO REMOVE THE VEHICULAR, UM, ACCESS PROHIBITION ON CONCORDIA AVENUE, AND THERE'S THE COMMUNITY BENEFITS THAT WE JUST DISCUSSED.

UM, AND THEN HERE ARE, BECAUSE WE HAVE BEEN THROUGH THIS WITH Y'ALL A COUPLE TIMES, AND I, I WILL SHOW YOU THAT, THAT HISTORY.

NEXT, I WANTED TO OUTLINE SOME OF THE OTHER BENEFITS THAT WE'VE GIVEN OVER THE, THE LAST COUPLE OF AMENDMENTS.

UM, PARTICULARLY BECAUSE, UM, PARKLAND DEDICATION AND AFFORDABLE HOUSING OBVIOUSLY GROW WITH AN INCREASE IN UNITS.

SO THOSE ARE BENEFITS THAT WE AGREED TO THAT WILL THEN BE INCREASED WITH THIS, UM, WITH THIS AMENDMENT.

UM, SO THE FIRST AMENDMENT IN 2020, I WAS HERE FOR ALL OF THESE ACTUALLY , UM, WAS TO INCREASE THE HEIGHT, UM, IN ORDER TO, YOU KNOW, BUILD WHAT WE SAW AS, UH, AS THE RIGHT HEIGHT PROJECT, 120 FEET HERE, WHICH WAS ABOUT 256 UNITS.

UM, IT WAS APPROVED BY CITY COUNCIL IN 2022.

UM, THEN WE CAME THROUGH WITH OUR SECOND AMENDMENT.

THE SECOND AMENDMENT WAS DRIVEN ENTIRELY BY THE TXDOT RIGHT OF WAY TAKING, UM, WE DIDN'T CHANGE THE NUMBER OF UNITS WE WERE ASKING FOR, WE WERE JUST TRYING TO KEEP THE PROJECT THAT WE HAD.

UM, SO KEPT THE 256 UNITS AND ASKED FOR THE ADDITIONAL HEIGHT, UM, TO ONE 60 FROM ONE 20 IN ORDER TO GET THAT, TO GET THAT DONE.

UM, AND THEN THE THIRD AMENDMENT IS WHAT WE'RE HERE FOR WITH YOU RIGHT NOW, OBVIOUSLY, AND THAT IS, I'M SORRY, THE THIRD AMENDMENT WAS AN ADMINISTRATIVE AMENDMENT TO, TO MODIFY A GREAT STREETS REQUIREMENT.

THAT WAS REAL, THAT WAS MINOR.

BUT THE FOURTH AMENDMENT IS WHAT WE'RE HERE FOR YOU WITH YOU FOR RIGHT NOW, WHICH IS, UM, HONESTLY, WE HAVE A PROJECT, IT IS IN REVIEW.

WE HAVE A SITE PLAN AND REVIEW THAT REFLECTS THE, THE SECOND AND THIRD AMENDMENTS, AND WE ARE TRYING TO GET THE PROJECT OVER THE FINISH LINE.

UM, WE'RE HAVING A HARD TIME.

WE'RE, YOU KNOW, WE'RE, WE'RE RUNNING INTO SOME TROUBLE WITH THE SITE CONFIGURATION WITH THE ACCESS, WHICH IS WHY WE'RE ASKING FOR THAT ACCESS TO BE LI TO BE ACCESS LIMITATION TO BE REMOVED.

AND WE'RE ALSO TRYING TO GIVE OURSELVES THE FLEXIBILITY THAT WE NEED TO BUILD A HIGHER NUMBER OF UNITS AND MAKE THIS PROJECT WORK.

UM, SO THIS WOULD COME UP TO ABOUT 400 UNITS TOTAL, SO THIS IS AN INCREASE IN THE NUMBER OF UNITS FROM BEFORE.

UM, AND WITH THAT, I'LL MAKE MYSELF AVAILABLE FOR QUESTIONS.

UM, I I, I'M, I DON'T WANNA TAKE TOO MUCH OF YOUR TIME, SO I'LL JUST MAKE MYSELF AVAILABLE FOR QUESTIONS, BUT THERE HAS BEEN A LOT OF, UM, CONVERSATION, UM, WITH NEIGHBORS AND OTHERS ABOUT THIS SITE.

I'M HAVE TO SPEAK TO THAT.

THANK YOU.

WE'LL NOW BE HEARING FROM THOSE WHO REGISTERED IN OPPOSITION.

OUR PRIMARY SPEAKER IN OPPOSITION IS CHARLES ARDT.

HE'LL BE RECEIVING A TOTAL OF FOUR MINUTES OF DONATED TIME FROM BOTH MARY SANGER AND DON LARSON.

ARE YOU BOTH PRESENT? CHARLES, YOU'LL HAVE NINE MINUTES.

THANK YOU.

AND THANK YOU COMMISSIONERS FOR YOUR TIME.

I KNOW SOME OF YOU HAVE, UH, ALREADY WORKED ON THIS A LOT, AND THANK YOU FOR THAT TIME.

UM, I'M CHARLES DARKWOOD.

I'M THE PRESIDENT OF THE HANCOCK NEIGHBORHOOD ASSOCIATION.

THIS PROPERTY IS, UH, IN THIS NEIGHBORHOOD, AND IF YOU LOOK AT THE MAP HERE, YOU'LL SEE WHERE THE NEIGHBORHOOD IS RELATIVE TO THE CITY.

THIS IS LOOKING STRAIGHT SOUTH, AND YOU SEE DOWNTOWN IN THE UPPER RIGHT HAND CORNER.

AND YOU SEE THE INTERSECTION OF AIRPORT AND I 35 IN THE LOWER LEFT CORNER.

AND AS YOU COME DOWN FROM DOWNTOWN ON THE RIGHT, YOU HAVE UT THEN GOING DOWN THERE, YOU HAVE NORTH UNIVERSITY, AND THEN HYDE PARK, WHERE THE NEIGHBORHOOD TO THE LEFT OF THERE, UH, WITH THE GOLF COURSE IN THE MIDDLE.

AND THE PROPERTY IS IDENTIFIED BY A, UH, BY THE RED, UH, MARKER.

AND THE CROSS, THE FREEWAY IS CHERRYWOOD NEIGHBORHOOD.

SO THAT'S A GENERAL LAYOUT.

AS YOU MOVE IN CLOSER, YOU'LL SEE THE POD, UH, WHICH IS THE SET OF FIVE BUILDINGS IN THE MIDDLE.

BEHIND IN THE RIGHT BUILDINGS ARE ST.

DAVID'S, WHICH IS, UH, MEDIUM HEIGHT.

AND THEN THE POD WAS DESIGNED WITH A DECREASING HEIGHT FROM A HIGHER MIDDLE TO A LOWER OUTER BOUNDARY.

SO THE, THE MIDDLE IS A FUTURE, UH, CITY OF AUSTIN, UH, LEASE BUILDING, AND THAT'S EIGHT FLOORS.

IT'S ZONED TO 120 FEET, BUT PROBABLY USES A HUNDRED OR SO FEET.

AND THEN THE FOUR BUILDINGS AROUND IT ARE, UH, SIX FLOORS OR FIVE FLOORS.

THE TALLEST IS A ODOR ON THE LEFT, WHICH IS, UH, NORTHEAST OF THE PUTT, AND THAT'S, UH, SIX FLOORS IF YOU ZOOM IN MORE.

AND THEN THE, THE RED, UH, LOT IS A PROPERTY UNDER, UNDER CONSIDERATION.

IF YOU ZOOM IN MORE, YOU'LL SEE THAT THE PLAN TO,

[01:10:01]

UH, GRADATE THE HEIGHT WITH CARRIED OUT VERY CAREFULLY.

SO ALONG CONCORDIA, WHICH IS THE STREET CLOSEST TO YOU, JUST NORTH OF THE TROUBADOR AND NORTH OF THE SABINA, YOU HAVE THOSE SAME BUILDINGS, ACTUALLY HAVE A, A, UH, TOWNHOUSE STYLE, UH, ROAD FRONTAGE.

AND THEN ACROSS THE ROAD WERE BUILT, UH, TOWNHOUSES.

ON THE EAST, YOU'VE GOT FIVE ON THE WEST, YOU'VE GOT 12 ALL ALONG CONCORDIA, THOSE ARE ALSO PART OF THE POD.

SO YOU CAN SEE HOW YOU WENT FROM AN OFFICE BUILDING IN THE MIDDLE TO MORE RESIDENTIAL IN, UH, LARGE MULTI-FAMILY TO, UH, SMALLER MULTI-FAMILY RESIDENTIAL.

IN THIS CONTEXT, THE, THE LATIN QUESTION.

SO FIRST OF ALL, SORRY, WE'LL GO BACK TO THIS, BUT I WANTED TO SHOW YOU THE LATIN QUESTION.

THIS IS THE SAME PLAN FROM, UH, 2007 FROM THE BUD.

THE RED LOT WAS ORIGINALLY ZONED TO 65 FEET, AND IT IS TRUE THAT THERE WERE SOME OTHER LOTS THAT WERE ZONED TO OVER 120 FEET, BUT NONE OF THAT WAS USED.

AND IN OUR LIFETIME, NONE OF THAT WILL BE USED.

THE GREEN WAS ZONED TO 182 FEET.

THAT WAS CONDITIONAL ON A HOTEL USE.

THE OWNERS DECIDED TO BUILD A RESIDENTIAL WITHOUT HOTEL, SO THAT WILL NOT BE USED.

THE, UH, AURA 32 AND AURA, UH, UNIVERSITY PARK HAD, UH, SMALL TOWERS, NOT THE WHOLE PROPERTY, BUT JUST SMALL TOWERS THAT WERE ZONED TO 1 95 AND 180 5.

AND, UH, NEITHER OF THOSE WERE USED PROPERTY FOR ECONOMIC REASONS.

SO THIS PROPERTY WAS BUILT LESS THAN 10 YEARS AGO, AND UNLESS SOMEONE DESTROYS IT, IT'S, UH, THOSE HEIGHTS ARE NOT GONNA BE USED.

SO THE TALLEST HEIGHT WE HAVE IN PRACTICAL USE IS 120 FOOT FOOT.

THE OFFICE BUILDING, UH, GOING BACK TO THE STREET, YOU CAN SEE THIS, THIS, THE APPLICATION REQUEST HAS TWO PARTS.

ONE IS A HEIGHT, AND THE OTHER PART IS ACCESS.

ON CONCORDIA, YOU CAN SEE CONCORDIA, IT'S A SMALL, IT'S A SMALL STREET.

IT HAS TWO, TWO, UH, TWO LANES AND A, AND A CAR, AND A LANE.

UNLESS THAT STREET IS SIGNIFICANTLY IMPROVED, UH, THE NEIGHBORS AND THE NEIGHBORHOOD THINKS THAT IT WOULD BE, UH, VERY PROBLEMATIC TO HAVE, UH, 400 UNITS OF HOUSING GIVING OUT ON THAT.

UH, ON THAT SIDE, IN ADDITION TO THE, THAT CELL HAVE ON, UH, ON I 35 ACCESS ROAD, IF YOU COME BACK TO THE GENERAL NEIGHBORHOOD, I ACTUALLY WANNA GO FURTHER, UH, TO SHOW THAT THE PROBLEM IS NOT WITH THE HEIGHT OF THE BUILDING, IT'S THE HEIGHT OF THE BUILDING.

IN THIS CONTEXT, EVEN THOUGH THERE'S SOME, UH, TRANSPORT, REALLY ANY AMENITIES ARE HALF A MILE AWAY, WHICH MEANS THAT ANYBODY LIVING HERE WILL DRIVE EVERYWHERE, WILL DRIVE TO WORK, WE'LL DRIVE HOME.

THERE ARE, THERE IS ONE CONVENIENCE STORE ON THAT, UH, ON THAT DEVELOPMENT.

THERE'S BEEN A LOT OF TURNOVER IN THOSE, IN, IN THOSE COMMERCIAL SPACES.

IT IS NOT A PLACE WHERE A LOT OF ACT OF AMENITIES HAVE DEVELOPED, AND THERE IS NO SPACE FOR IT TO DEVELOP BECAUSE YOU'VE GOT THE FREEWAY ON ONE SIDE AND SINGLE FAMILY HOMES ON TWO OTHER SIDES.

UH, CONVERSELY, THE HANCOCK COMMERCIAL CENTER, WHICH YOU CAN SEE KITTY CORNER WITH THE GOLF COURSE AND THE DELLWOOD COMMERCIAL CENTER ACROSS THE HIGHWAY, ARE BOTH FANTASTIC PLACES TO PUT EVEN 270 FEET, RIGHT? THE, UH, LAST YEAR, UH, CITY COUNCIL PAID FOR DESIGN ASSISTANCE TEAM TO COME AND SEE WHAT COULD BE DONE ONCE WE HAVE STITCHES ACROSS THE FREEWAY AND CAME UP WITH FANTASTIC PLANS FOR THIS, UH, THIS MONTH WE HAVE A COMPETITION.

THE UI L COMPETITION FOR ARCHITECTURE STUDENTS IS USING THE HANCOCK CENTER AS, UH, AS AN EXAMPLE.

THIS IS A PLACE WHERE YOU WANNA PUT, UH, UH, THAT KIND OF DENSITY AND THAT KIND OF HEIGHT.

SO, UH, TO MY FINAL THING TO SAY THAT THIS IS NOT ABOUT HEIGHT, THIS IS ABOUT THE, WHERE THE HEIGHT GOES IS IN THIS PICTURE WHERE YOU CAN SEE A BUILDING, WHICH THERE'S NOTHING WRONG WITH THAT BUILDING ITSELF.

IF THIS WERE DOWNTOWN AUSTIN, IT WOULD BE FINE.

NO ONE WOULD EVEN NOTICE IT.

GRANTED IT'S, YOU KNOW, 1985 ARCHITECTURE, AND, YOU KNOW, YOU MIGHT NOT LIKE THE STYLE, BUT GENERALLY IT'S FINE.

THE PROBLEM WITH THIS PICTURE IS WHAT'S AROUND IT, RIGHT? WHICH IS BASICALLY NOTHING.

AND THIS IS SIMILAR TO WHAT WOULD HAPPEN IF WE PUT, IF WE DEVELOP THAT HERE.

SO GOING BACK TO THE, THE, THE BIGGER PICTURE AS A NEIGHBORHOOD, I, I MEAN, AS A NEIGHBORHOOD, WHAT WE WANT TO DO IS MAKE THE NEIGHBORHOOD BETTER, RIGHT? JUST, AND I KNOW I'VE TALKED TO A NUMBER OF YOU, I KNOW ALL OF YOU HAVE THAT SAME, UH, PASSION FOR, FOR MAKING PLACES.

IF, UH, IN THIS CASE, IF THERE'S NO SIGNIFICANT PLACEMAKING, WHICH I THINK IS A CASE, THEN WHAT YOU END UP WITH IS EXTERNALITIES FOR THE CITY.

YOU END UP WITH HIGHER TRAFFIC, YOU END UP WITH LOWER PROPERTY TAXES, BECAUSE YOU DON'T HAVE LOCAL, UM, LOCAL COMMERCE, YOU END UP HAVING PEOPLE HAVING TO DRIVE PLACES TO, TO DO THINGS.

SO THE SOLUTION TO THAT IS, UH, IF THE CITY IS GOING TO GIVE ENTITLEMENTS THIS, THERE HAS TO BE SOME BENEFIT FOR THE CITY.

YOU CAN'T HAVE DEVELOPERS WHO ARE OWNERS COME

[01:15:01]

AND GET ENTITLEMENTS JUST BECAUSE, I DON'T KNOW, IT HAS, THERE HAS TO BE A KEEPER.

KEEPER, RIGHT? SO IN THIS CASE, UH, WE WOULD ASK THAT YOU EITHER OPPOSE THIS BECAUSE I, I'VE BEEN HERE A FEW, I'VE BEEN DOING THIS FOR ABOUT A YEAR, AND I'VE SEEN CASES AND WE'VE OPPOSED SOME CASES AND WORKED WITH DEVELOPERS ON SOME CASES TO GET A RESOLUTION, WHICH WE THEN SUPPORT.

THIS IS OUTSIDE OF ANY, UH, ANYTHING LIKE THAT.

THIS IS, UH, THREE TIMES THE HEIGHT THAT WAS ORIGINALLY PLANNED FOR THIS, UH, FOR THIS PARTICULAR LOT IN AN AREA THAT WE DON'T THINK HAS THE AMENITIES FOR THAT.

SO IF, UM, IF SOMETHING CAN'T BE DONE ON THAT SIDE, THE ONLY POSSIBILITY WOULD BE FOR US TO WORK WITH THE DEVELOPER, WITH THE DEVELOPERS TO FIGURE OUT WHAT COULD BE DONE BEYOND A BIKE, UH, STATION TO MAKE, TO ACTIVATE THE STREET SO THAT THE NEGATIVITY OF THAT HEIGHT IN THAT LOCATION CAN BE, UH, RESOLVED.

AND FOR THAT TO HAPPEN, THE DEVELOPER NEEDS TO BE WILLING TO TALK TO US, , WHICH MEANS WE WOULD ASK YOU, IF YOU DON'T OPPOSE THIS, WHICH WOULD BE ONE WAY FOR US TO BE, FOR THE DEVELOPER TO BE WILLING TO TALK TO US, THEN WE WOULD ASK THAT YOU POSTPONE THIS SO THAT, UH, THE DEVELOPER, UH, DOES WANT TO TALK.

SO WE CAN COME BACK BASICALLY WITH A LIST OF THINGS THAT WE THINK WILL MAKE UP FOR THE THE PROBLEMATIC PLACE MAKING.

UH, I'D BE HAPPY TO ANSWER QUESTIONS.

YOU HAVE ESPECIALLY HARD QUESTIONS.

I WOULD MUCH RATHER HAVE HARD QUESTIONS THAN HAVE YOU, UH, MAKE A DECISION WITHOUT, UH, WITH, WITH QUESTIONS IN YOUR, IN YOUR MINDS.

AND THANK YOU VERY MUCH FOR YOUR TIME.

UH, THANK YOU FOR ALL THE VOLUNTEERS WHO WORKED ON THIS, AND, UH, I'LL BE HERE.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS BART WATLEY.

BART WILL BE RECEIVING A TOTAL OF FOUR MINUTES OF DONATED TIME FROM BOTH DAVID BRAW AND CRAIG LONG.

ARE YOU BOTH PRESENT? OKAY.

BURT, YOU'LL HAVE A TOTAL OF SIX MINUTES.

OKAY, GREAT.

THANK YOU.

GOOD EVENING, COMMISSIONER'S.

NAME IS BART WATLEY.

UM, THERE WE GO.

UH, GOOD EVENING.

MY NAME IS BART WATLEY.

I'M A MEMBER OF THE HANCOCK NEIGHBORHOOD ASSOCIATION.

I'VE LIVED THERE FOR QUITE A LONG TIME.

I'M ALSO AN ARCHITECT.

UM, I'VE SERVED ON THE CITY OF AUSTIN DESIGN COMMISSION FOR 15 YEARS.

UM, I'VE SERVED ON THE DOWNTOWN COMMISSION FOR ABOUT THREE TO FOUR YEARS.

UM, I HAVE, I WORK IN MY PRIVATE PRACTICE.

I WORK WITH DEVELOPERS, I WORK WITH HOMEOWNERS, I WORK WITH LANDLORDS.

I WORK WITH SMALL BUSINESSES.

I'VE SEEN A, I'VE SEEN DEVELOPMENT, UM, IN URBAN PLANNING FROM MULTIPLE PERSPECTIVES.

UM, I'VE SEEN WHAT, WHAT WORKS, BUT WHAT, WHAT DOESN'T WORK? I'VE SEEN WHAT ARE, UM, UH, REAL PLANS.

UM, I'VE SEEN, YOU KNOW, PEOPLE WORKING TOGETHER.

I'VE ALSO SEEN SPECULATIVE PROJECTS OR NO PROJECTS, JUST SHOPPING FOR ENTITLEMENTS.

UM, ANYWAY, THIS ENTITLEMENT REQUEST MAKES ABSOLUTELY NO SENSE.

AND EVEN THOUGH WE, WE JUST HEARD THAT THE REQUEST IS NOW, YOU KNOW, DRAWN DOWN FROM 275 OR 270 FEET TO 195 FEET, IT STILL MAKES NO SENSE.

UM, THE HEIGHT REQUESTED AT 270 FEET IS TWO TIMES THE HEIGHT OF THE TALLEST BUILDING, UH, IN THE EAST AVENUE.

PUD AND CHARLES SHOWED THAT 195 FOOT, UH, ENTITLEMENT IN THE PUD.

AND IT'S JUST REALLY IMPORTANT TO RECOGNIZE THAT IS A SMALL FOOTPRINT FOR A TOWER.

AND THAT WAS STRATEGICALLY LOCATED IN THE SOUTHERNMOST PORTION OF THE P NEXT TO ST.

DAVID'S, AWAY FROM THE LOWER DENSITY.

THERE, THERE WAS A, THERE WAS A LOGIC AND ORDER TO WHY IT WAS DONE.

SO TO COME TO THE PERIPHERY OF A NODE AND PUT THE TALLEST HEIGHT AT THE PERIPHERY WITH THE MOST FRAGILE EDGE MAKES NO, MAKES NO PLANNING SENSE WHATSOEVER.

THIS IS THE WRONG HEIGHT FOR THE WRONG LOCATION, EVEN IN 195 FEET.

UM, THIS HEIGHT WOULD BE OVER FOUR TIMES THE HEIGHT OF THE ORIGINAL, ORIGINAL ENTITLEMENT.

YOU KNOW, IT DOESN'T SEEM THAT BAD TO GO FROM 160 TO 195 FEET, BUT WHEN YOU LOOK AT THE FACT THAT THE PARCEL WAS PROGRAMMED FOR 65 FEET, WE'RE WAY BEYOND WHAT, YOU KNOW, GOOD PLANNING PRINCIPLES APPLIED TO THIS SMALL AREA PLAN.

AND THIS P YOU KNOW, UH, WAS ALL ABOUT, UM, THIS HEIGHT WOULD BE ALMOST EIGHT TIMES THE HEIGHT OF THE NEIGHBORING STRUCTURES.

YOU SAW IN THE PAST, UH, PRESENTATION, HOW THE HEIGHT STEPS DOWN.

IT WAS CAREFULLY DESIGNED TO BE A QUALITY URBAN ENVIRONMENT.

UM, THIS HEIGHT WOULD BE, UH, THREE TIMES THE HEIGHT OF THE TALLEST BUILDING IN THE MILLER PUD.

AND THAT'S A HUGE PUD.

I MEAN, IT'S JUST, THIS

[01:20:01]

DOESN'T MAKE SENSE.

SO THE PROPOSAL IS GROSSLY OUTTA SCALE FOR THIS, THIS LOCATION.

THIS IS THE THIRD REQUEST FROM THE SAME, UH, PROPERTY OWNER AND APPLICANT.

WHEN DOES THE ENTITLEMENT SHOPPING END? THE DEVELOPER HAS NOT SHOWN US DRAWINGS SPECIFIC TO THIS CURRENT PROJECT.

WE HAVEN'T HAD GOOD COMMUNICATION.

WE DON'T KNOW WHAT THE PLAN'S ABOUT.

WE HAVEN'T HAD THE OPPORTUNITY TO TALK ABOUT WHAT MAKES A QUALITY DEVELOPMENT FOR THE LONG TERM FOR BOTH THE DEVELOPER AND THE COMMUNITY.

UM, THIS IS NOT A REASONABLE REQUEST.

FINANCIAL VIABILITY IS NOT A JUSTIFICATION FOR UPZONING.

AND LOSING SOME, UH, PROPERTY TO TDOT IS NOT A JUSTIFICATION FOR UPZONING EITHER.

THEY'VE WERE COMPENSATED FOR THAT.

THAT'S DOUBLE DIPPING IS WHAT IT IS.

SO, UM, THIS, THESE THINGS, THEY BOTH BENEFIT THE DEVELOPER, BUT THEY DON'T BENEFIT THE BROADER COMMUNITY.

IN THE CITY OF AUSTIN, THE DEVELOPMENT DOES JUST NOT FOLLOW GOOD PLANNING PRINCIPLES.

THIS IS PIECEMEAL ZONING.

UM, AND WE HAVE A, IT WOULD LEAD TO A COLLISION OF DESPERATE URBAN FORMS, AND THAT IS NOT CONSISTENT WITH GOOD PLACE MAKING HEALTHY URBAN ENVIRONMENTS.

BEST DEVELOPMENT IS BORN FROM SMALL AREA PLANS, G GUIDED BY LONG RANGE, LONG RANGE PLANNING.

WE HAVE LONG RANGE PLANNING.

WE ADD A PUD SMALL AREA PLAN EFFECTIVELY.

IT WAS CAREFULLY CONSTRUCTED WITH THE HELP OF MCCANN ADAMS STUDIO.

THIS WASN'T WHAT THE DEVELOPER WANTED.

THIS WASN'T COUNCIL, YOU KNOW, MAKING A COMPROMISE AND DECIDING WHAT THIS DEVELOPMENT SHOULD BE.

IT WAS COUNCIL INVITING A DESIGN PROCESS TO HAPPEN.

UM, AND THAT'S WHY WE REALLY RESPECT THIS PUD.

AND WHEN THERE'S CHANGES, THERE'S ALWAYS GONNA BE CHANGES AND BE CAREFULLY CONSIDERED.

AND SO WE WANT YOUR SUPPORT, UH, FOR A FOCUS ON GOOD PLANNING PRINCIPLES AND NOT HAPHAZARD SPOT ZONINGS AND SPECULATIVE PLAYS.

UM, THIS, THIS PROPOSAL REALLY JUST DOES UNDERMINE THE ORDER AND LOGIC OF THE PUT, IT'S NOT A SUPERIOR DEVELOPMENT.

AND THAT'S ONE OF THE, UH, NECESSITIES FOR A PUT EAST AVENUE PUT DESERVES THE SAME RESPECT AS THE MILLER PUT IS GIVEN.

I'M SURE THERE'S NO REQUEST OVER AT MILLER, UH, FOR FOUR TIMES THE HEIGHT THAT WOULD BE APPROVED.

SO WHY IS THIS EVEN BEING CONSIDERED HERE? I DON'T KNOW WHY WE'RE HERE TONIGHT.

IT'S JUST, IT DOESN'T MAKE SENSE.

SO, UM, THIS DEVELOPMENT DOES NOT PROVIDE A NET BENEFIT.

IT DETRACTS FROM OUR NORTHERN STITCH.

WE'VE WORKED REALLY HARD RECENTLY ON TRYING TO LAY THE GROUNDWORK FOR SOME GREAT PLACE MAKING WHERE WE CAN MAKE A BETTER CONNECTION BETWEEN EAST AND WEST AND WHETHER WE GET THE FUNDING FOR THE STITCHES THAT WE HAVE, UH, PLANNED RIGHT NOW OR NOT.

THE FACT IS, IS WE'RE GONNA GET A 41ST STREET BRIDGE, UH, WITH WIDE PEDESTRIAN WAYS ON EITHER SIDE, AND THAT'S REALLY GONNA HELP LINK THE HANCOCK CENTER AND ALL THAT ACREAGE TO THE DELWOOD CENTER.

THIS IS THE PROPER PLACE FOR QUALITY INFILL DEVELOPMENT FOR SOME DENSITY AND HEIGHT DONE IN, UH, GOOD FASHION FOLLOWING PROFESSIONAL PLANNING PRINCIPLES.

HAVING A WALL OF TOWERS GOING UP AND DOWN I 35 JUST DETRACTS, YOU KNOW, WHY WOULD A DEVELOPER PAY THE PRICE TO, UH, UH, DEVELOP IN DELWOOD CENTER FOR WHAT THEY'RE GONNA ASK FOR? I'M SURE A LOT OF MONEY WHEN THEY CAN PICK UP A SMALL PARCEL ON I 35 AND PUT IN SOMETHING THERE.

SO PLEASE MAKE A POSITIVE VOTE FOR GOOD AND INCLUSIVE ZONING.

PLEASE VOTE IN FAVOR OF PROFESSIONAL PLANNING BEST PRACTICES.

PLEASE DENY THE REQUEST EVEN AT 195 FEET.

THANK YOU.

160 IS TOO MUCH.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS COREY MCCLELLAN.

COREY WILL BE RECEIVING A TOTAL OF FOUR MINUTES OF DONATED TIME FROM JILL BRAULT AND JEROME DENNIS.

ARE Y'ALL BOTH PRESENT? COREY, YOU'LL HAVE A TOTAL OF SIX MINUTES.

AWESOME.

UH, THANK YOU COMMISSIONERS.

IT'S A PLEASURE TO BE HERE.

MY NAME IS COREY MCCLELLAN, A ICP.

I'M A LICENSED URBAN PLANNER.

I'VE BEEN WORKING IN URBAN PLANNING FOR OVER 10 YEARS.

I'M ALSO AN ALTERNATE ON THE ZONING BOARD OF ADJUSTMENT.

UH, I AM A MEMBER OF CNU STRONG TOWNS AND TML.

UH, ALL OF THAT'S JUST TO SAY, UH, I'VE BEEN DOING THIS A LOT.

UH, THIS IS A VERY STRANGE AND FRUSTRATING CASE.

AND I'M HERE, UH, TO ADVOCATE FOR KEEPING THIS, UH, DEVELOPMENT AT 160 FEET AS IT IS CURRENTLY.

UH, I'M HERE TONIGHT SPECIFICALLY ON BEHALF OF THE AUSTIN MODERN LOFTS, HOA, SPECIFICALLY THE OWNER OCCUPIED UNITS.

THAT'S ABOUT EIGHT OF THE 12 UNITS.

WE ARE LOCATED ON HARMAN AVENUE ADJACENT TO THE PROPERTY.

IT'S ABOUT A HALF BLOCK BACK.

SO, UH, I'M NOT GONNA GO OVER ALL OF THESE 'CAUSE I'M GONNA RUN OUTTA TIME, BUT WHAT I'M PARTICULARLY CONCERNED ABOUT IS PEDESTRIAN SAFETY AND, UH, THIS, UH, DEVELOPMENT NOT ALIGNING WITH VISION ZERO.

I'M CONCERNED WITH THE CITY USING ENTITLEMENTS

[01:25:01]

FOR TECH STOCK TAKINGS.

I AM CONCERNED WITH THE DUE DILIGENCE, UH, AND ENGAGEMENT THAT DID OR DID NOT GO INTO, UH, THIS PROJECT DATING BACK TO SEPTEMBER OF LAST YEAR.

AND EVEN FURTHER BEYOND THAT, THE FACT THAT THIS IS THE THIRD HEIGHT INCREASE, DESPITE PAST CONCERNS BEING DOCUMENTED BY THE COMMUNITY, WHAT THIS CASE MIGHT DO FOR THE RELIABILITY OF PUDS GOING FORWARD THROUGHOUT THE CITY OF AUSTIN, UH, WHAT THIS MEANS FOR POOR RESIDENTIAL ADJACENCY STANDARDS GOING FORWARD, THE LACK OF BENEFITS ASSOCIATED WITH THIS PROPERTY, UH, A MENTALITY THAT I'M SEEING OF SOMETHING IS BETTER THAN NOTHING, AND THEREFORE, WE SHOULD JUST GO WITH THIS.

UH, AND THE, AND THIS IDEA THAT WE ARE RESPONSIBLE FOR MAKING UP FOR, UH, A LACK OF DUE DILIGENCE ON THE DEVELOPER'S PART, POTENTIALLY, OR, UH, THAT WE'RE GOING TO PASS SOMETHING, UH, SIMPLY BECAUSE WE DON'T WANT TO SEE SOMEONE LOSE MONEY FROM, UH, A AD INVESTMENT.

UH, SO SPEAKING TO A FEW OF THESE BEFORE I GET INTO THE SLIDES, UH, JUST A FEW FACTORS.

UM, THE ESTIMATED ANNUAL DAILY TRIPS ASSOCIATED WITH THIS PROPERTY, UH, IS 3000.

WE DON'T HAVE A LAND USE MIX TO COMPARE THAT TO.

IF THERE'S HOSPITALITY, THAT'S GONNA BE A LOT HIGHER THAN APARTMENTS.

SO I DON'T REALLY KNOW IF THE A A DT IS CORRECT, BUT WE'RE TAKING, UH, THE DEVELOPER'S WORD FOR IT FROM A TRAFFIC STUDY FROM 2024, UH, REGARDING DUE DILIGENCE.

UH, MY COUNTERPARTS ALREADY SPOKE EXTENSIVELY ABOUT THE FACT THAT YES, THERE ARE ENTITLED BUILDINGS WITHIN THE POD THAT GO UP TO 195 FEET.

HOWEVER, UH, NONE OF THOSE ARE BUILT TO THAT.

UH, IN FACT, THE TALLEST BUILDING WITH HEIGHT THAT HIGH IS HALF THAT HEIGHT.

UH, AND SO WHY ARE WE USING, UH, UNREALIZED, UH, ENTITLEMENT HEIGHT, UH, FOR THE, AS THE BASIS FOR THIS BUILDING? LET'S SEE, UH, UH, SPEAKING TO, UM, UH, TRANSPARENCY ON THIS PROJECT, UH, THERE'S BEEN SOME FEEDBACK I'VE GOTTEN THAT WE'VE NOT BEEN RESPONSIBLE PARTIES AS NEIGHBORS, UH, AS PART OF THIS PROCESS.

UH, THE, THE LIST OF FEEDBACK AND, AND, UH, ANSWERS TO OUR QUESTIONS THAT WE RECEIVED, UH, WAS, UH, ON JANUARY 29TH.

SO THAT WAS 12 BUSINESS DAYS FOR OUR NEIGHBORHOOD TO REALLY START TO COALESCE AROUND A STRATEGY MOVING FORWARD.

UH, WHICH IS, YOU KNOW, WE'RE NOT GETTING PAID FULL TIME TO DO THIS.

UH, LET'S, I'LL, UH, I'LL LEAVE IT THERE AND, AND WE WILL GET INTO IT.

UM, SO ONE ISSUE HERE, UH, IS JUST, UH, THERE, THERE'S SOME, UH, COORDINATION ISSUES RELATED TO THE POD AND THE CITY OF AUSTIN.

THE INTERSECTION OF HARMAN AVENUE AND CONCORDIA AVENUES, 50% OF THE INTERSECTION FALLS UNDER THE PUDS JURISDICTION, AND 50% OF THE INTERSECTION FALLS UNDER THE CITY OF AUSTIN'S JURISDICTION.

I KNOW THAT BECAUSE I PETITIONED TO HAVE A FOUR-WAY STOP AT THAT INTERSECTION.

UH, THEY COULDN'T E THE CITY COULDN'T EVEN GET TRAFFIC COUNTS ON ALL FOUR SIDES.

UH, WE EVENTUALLY GOT, UM, A SIGN SAYING CROSS TRAFFIC DOES NOT STOP.

AND A CROSSWALK ON TWO SIDES.

UH, SO IMMEDIATELY ADJACENT TO THIS INTERSECTION, THERE'S GOING TO BE AN ADDITIONAL 3000, UH, DAILY TRIPS.

I THINK THAT'S PRETTY SIGNIFICANT FOR AN INTERSECTION.

THE CITY DOESN'T EVEN HAVE THE ABILITY TO CALM TRAFFIC FOR OR INSTALL A FOUR-WAY STOP FOR, AND THAT'S NOT SOMETHING THAT WE'RE GONNA BE ABLE TO SOLVE TONIGHT.

AND WE HAVE PRESENTED THIS TO THE DEVELOPER, UH, AND STILL HAVE NOT BEEN ABLE TO GET ANY SORT OF ADDITIONAL DELAY TO REALLY TALK WITH THE COMMUNITY ABOUT WHAT MAKES SENSE AND FOR THE EAST AVENUE POD AND THE CITY OF AUSTIN TO COME TOGETHER, UH, AND FIGURE OUT HOW WE CAN ADDRESS THIS MOVING FORWARD.

UM, THE DRIVEWAY CASE, THIS IS WHAT, THIS IS WHAT IT LOOKS LIKE CURRENTLY.

THE TROUBADOUR HAS TRASH TRUCKS THAT PICK UP ON, UH, CONCOR ON CONCORDIA AVENUE EVERY SINGLE DAY AND BLOCK WHAT IS ESSENTIALLY ONE LANE OF TRAFFIC.

I DON'T KNOW HOW YOU'RE GONNA PUT A DRIVEWAY THERE.

UM, BUT I GUESS WE WILL SEE, UM, A LITTLE BIT OF PLANNING 1 0 1.

THIS IS A CONCEPT OF MISSING MIDDLE HOUSING.

YOU CAN SEE FROM SINGLE FAMILY ALL THE WAY UP TO MID-RISE DEVELOPMENT.

THIS IS SORT OF INDUSTRY STANDARD AND BEST PRACTICE.

UM, BUT FOR SOME REASON, WE'RE DOING THIS INSTEAD.

UM, I'M REALLY, REALLY, UH, HOPING THAT THIS IS NOT THE PRECEDENT, UH, THAT WE SET.

UM, I'LL GO TO CITY PLACE TOWER AGAIN BECAUSE IT WAS A GOOD EXAMPLE.

UH, THIS IS ADJACENT TO SMU AND UPTOWN DALLAS.

THE DENSITY DID NOT FOLLOW, THE INFIELD DID NOT FOLLOW.

THIS IS A PRETTY SIMILAR CASE STUDY IN TERMS OF PROXIMITY TO DOWNTOWN IN PRESENCE OF THE UNIVERSITY.

AND THIS IS LIKELY WHAT WE WOULD END UP HAVING HERE IN AUSTIN.

FINALLY, THIS IS ARNESEN'S LADDER OF CITIZEN PARTICIPATION.

UH, IT, WE'RE SUPPOSED TO GO UP ON THE LADDER IN TERMS OF GOOD PLANNING PRACTICES, UM, BUT WE ARE IN, UH, IN THE BRACKET OF NON-PARTICIPATION.

UH, THIS IS NOT GOOD PLANNING AND SHOULD NOT BE REWARDED.

THANK YOU.

[01:30:01]

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS BRENDA LONG.

BRENDA, YOU'LL HAVE TWO MINUTES AS LONG IS WAIVING HER TIME.

OUR NEXT SPEAKER IS ANDREW SHU.

ANDREW, YOU'LL HAVE TWO MINUTES.

HE'S WAIVING HIS TIME.

OUR NEXT SPEAKER IS VIRGINIA.

MONTGOMERY, VIRGINIA WILL BE JOINING US VIRTUALLY.

VIRGINIA, YOU'LL HAVE TWO MINUTES.

I, I AM WAIVING MY TIME.

THANK YOU.

THANK YOU.

THANK YOU.

OUR NEXT SPEAKER IS GREG BUCHANAN.

GREG, YOU'LL HAVE TWO MINUTES.

I SEATED MY TIME TOO, MR. BUCHANAN'S WAIVING HIS TIME.

OUR NEXT SPEAKER IS PETER, JOURNEY KALER.

PETER, YOU'LL HAVE TWO MINUTES.

I, UH, THANK YOU TO THE COMMIT MEMBERS FOR THE OPPORTUNITY TO SPEAK.

UM, I CAN BE BRIEF AS I FEEL THAT THE SUBSTANCE OF THE APPEAL HAS BEEN PRETTY THOROUGHLY COVERED.

I JUST WANTED TO NOTE THAT, UM, I AM THE SECRETARY OF THE NORTH UNIVERSITY NEIGHBORHOOD ASSOCIATION AND THAT, UM, CHARLES AND OTHERS HAVE DONE AN EXCELLENT JOB OF COMMUNICATING SOME OF THESE ISSUES, UH, TO OTHER NEIGHBORHOODS AROUND THEM.

UH, AND I JUST WANTED TO NOTE THAT I WOULD LIKE TO SPEAK HERE FOR PEOPLE OUTSIDE OF HANCOCK THAT WE SEE, UH, THESE CONCERNS AS WELL.

UM, ALTHOUGH WE'RE NOT IMMEDIATELY IN THIS, UH, NEIGHBORHOOD, UH, WE FEEL THERE IS DEFINITELY SOME SPILLOVER EFFECTS THAT WOULD BE NEGATIVE FOR A PROJECT THAT WE FEEL ISN'T STEPS INTO THE FOLLOWING.

KIND OF REALLY GOOD ADVICE THAT THE CITY HAS ALREADY GIVEN ON MULTI-USE ON HOW TO MAKE THIS SOMETHING THAT COULD PRETTY EASILY BE A POSITIVE BENEFIT AND FIT WITHIN, UH, THE PUD PROCESS.

UH, AND SOME PARTICULAR CONCERNS THAT WITH EXISTING ZONING FORMS THAT WERE NEGOTIATED AND WORKED OUT, UH, THIS IS SUCH A RADICAL DEPARTURE, AND I FEEL AT A TIME WHEN, UM, THE CITY IS REALLY LOOKING TOWARDS ITS FUTURE AND WHAT IT WANTS TO BE, SENDING POSITIVE MESSAGES TO THE COMMUNITY OVERALL ABOUT RESPECT FOR THE PLANNING PROCESS, ENGAGEMENT OF THE CITIZENS WOULD BE QUITE POSITIVE.

AND I HAVE CONCERNS THAT THIS, UH, PROJECT DOES NOT, UM, REFLECT, UH, THAT PERSPECTIVE, UH, OF THE PUBLIC AND WOULD RAISE BROADER CONCERNS.

SO, UM, I THANK YOU FOR YOUR TIME AND, UH, I WILL WAIVE MY 25 SECONDS.

THANK YOU.

THANK YOU FOR YOUR COMMENTS, CHAIR.

THAT CONCLUDES THE SPEAKERS ON THIS ITEM, AND WE'LL NOW BE HEARING FROM THE APPLICANT FOR A REBUTTAL.

HELLO, COMMISSIONERS.

UM, I'LL JUST, I'LL JUST SUMMARIZE, UM, HERE BY SAYING THAT, UM, WITH ALL DUE RESPECT TO THE SPEAKERS, I, I DO THINK THIS IS, IS A GOOD LOCATION FOR THIS KIND OF A BUILDING RIGHT UP ON I 35, I THINK IS A GOOD PLACE FOR THAT KIND OF DENSITY INSTEAD OF IN THE MIDDLE OF THE NEIGHBORHOOD, WHICH WE'VE HEARD LOUD AND CLEAR IS NOT SOMETHING THAT, UM, FOLKS WANNA SEE.

UM, IT IS A QUARTER OF A MILE WALK FROM THE FIESTA GROCERY STORE, AND IT IS, UM, I THINK JUST OVER HALF A MILE WALK TO THE HEB OF HANCOCK.

UM, SO I THINK THERE ARE AMENITIES NEARBY, AND I THINK THAT THIS KIND OF, UM, DENSITY IS GONNA SUPPORT MORE USES GOING IN, MORE COMMERCIAL USES AND MORE, UM, MORE USES GOING IN IN THE PUT ITSELF, WHICH IS, I THINK IS SOMETHING WE ALL AGREE THAT THE FOLKS WOULD LIKE TO SEE.

UM, AND THEN I WOULD ALSO POINT OUT THAT, UM, IN ADDITION TO THE OTHER, UM, COMMITMENTS THAT WE'VE MADE WITH OTHER PET AMENDMENTS, UM, SPECIFICALLY PARKLAND DEDICATION AND AFFORDABLE HOUSING, I DON'T HAVE CALCULATIONS FOR YOU BASED ON THE NEW, UM, STAFF RECOMMENDATION, BUT THAT BOTH OF THOSE THINGS WOULD BE SUBSTANTIAL COMMUNITY BENEFITS THAT WE HAVE HEARD OVER THE YEARS ARE IMPORTANT TO THIS GROUP.

SO WITH THAT, I'LL ANSWER ANY QUESTIONS.

THANK YOU.

THANK YOU.

LET'S GO AHEAD AND TAKE A VOTE TO CLOSE THE PUBLIC HEARING, LOOKING FOR A MOTION AND A SECOND MOTION BY COMMISSIONER ROEN, SECONDED BY COMMISSIONER AHMED.

WITHOUT OBJECTION, THAT ITEM PASSES AND WE'LL MOVE INTO OUR ROUND ROBIN SO WE CAN TAKE QUESTIONS FROM EIGHT COMMISSIONERS AT FIVE MINUTES EACH.

WHO WOULD LIKE TO START US OFF? YES, COMMISSIONER ROJAN, GO AHEAD.

UH, MY FIRST QUESTIONS ARE FOR THE APPLICANT AND I'M GONNA FOLLOW UP WITH, UH, IF WE HAVE SOMEBODY FROM TRANSPORTATION.

UM, THANK YOU MS. BOJO FOR THE PRESENTATION.

UM, A COUPLE QUESTIONS.

UM, MY UNDERSTANDING OF THE HISTORY OF THIS CASE IS THAT, UH, IN 2022 WHEN THE CASE CAME BEFORE AND WAS AN ISSUED, THE, UM, THE ADDITIONAL HEIGHT TO 120 FEET, YOU MENTIONED THE ITEMS THAT WERE ADDED

[01:35:01]

AT THAT TIME, THE THE COMMUNITY BENEFITS.

YES.

ARE THERE ANY OTHER PARCELS ON IN THE PUD THAT, UH, ARE SUBJECT TO PARKLAND DEDICATION OR HAVE AFFORDABLE BENEFITS? NO, IN FACT, THIS, UM, THIS PUD IS FROM 2007 ORIGINALLY.

UM, AND SO THIS IS UNDER THE, THE QUOTE UNQUOTE OLD PUD RULE.

SO AT THE TIME, UM, THERE REALLY WASN'T, I DON'T THINK THERE WAS ANY AFFORDABLE HOUSING, AND I KNOW THERE WAS NO PARKLAND DEDICATION FEES.

MY UNDERSTANDING OF THE PARKLAND DEDICATION IS THAT THEY WERE REWRITING THE ORDINANCE AT THE TIME.

AND SO THEY INSTEAD INCLUDED, UM, PUBLIC OPEN SPACE WITHIN THE PUD.

I KNOW THERE'S SOME, I I, I UNDERSTAND THAT FOLKS AREN'T HAPPY WITH HOW THAT TURNED OUT, BUT THOSE WERE, UM, THAT WAS HOW THAT WAS DECIDED IN 2007.

I THINK THIS WAS PART OF THE REASON THAT THE PUD ORDINANCE WAS REWRITTEN.

UM, SO ONE OF THE VERY BIG GIVES WE GAVE ON THAT INITIAL AMENDMENT WAS NOT ONLY TO MAKE THE NEW ENTITLEMENT SUBJECT TO PARKLAND DEDICATION, BUT TO MAKE THE ENTIRE BUILDING SUBJECT TO PARKLAND DEDICATION.

SO AT THE TIME THERE WAS A LOT OF TALK ABOUT, UM, IMPROVEMENTS IN THE HANCOCK GOLF COURSE.

AND SO HAVING A PARKLAND FEE IN LIEU A SIGNIFICANT PARKLAND FEE IN LIEU TO BE DIRECTED TO THAT CAUSE WAS IMPORTANT, UM, TO FOLKS.

AND THAT WOULD BE, AGAIN, INCREASED WITH THIS INCREASED DENSITY.

UM, AND SAME WITH THE AFFORDABLE HOUSING.

UM, WE ADDED THAT I BELIEVE ON THE SECOND, UH, THAT SAME FIRST INITIAL AMENDMENT WE ADDED THAT.

AND UM, SO THAT WOULD ALSO SCALE OF COURSE WITH THE DENSITY AND THE AFFORDABILITY APPLIES TO THE BONUS AREA, WHICH IS ANYTHING ABOVE THE ORIGINAL HEIGHT LIMIT OF 65 FEET.

PARKLAND DEDICATION APPLIES TO THE ENTIRE BUILDING.

THAT'S RIGHT.

UH, OBVIOUSLY IT'S A RESIDENTIAL UNITS IN THOSE BUILDINGS OR HOTEL.

YES.

UM, I ALSO HAVE A QUESTION, AND I THINK THERE'S A LOT OF PEOPLE IN HERE THAT PROBABLY HAVE A SIMILAR QUESTION, UM, ESPECIALLY FROM THE NEIGHBORHOOD.

UM, AND THIS IS RELATED TO CONCERNS ABOUT, UH, ENTITLEMENT SHOPPING.

I KNOW THAT THERE ARE CONCERNS THAT, UH, THE COMMISSION HERE IS, UH, IN THE SERVICE OF JUST MAKING WEALTHY PEOPLE WEALTHIER, UH, BY UPZONING THEIR PROPERTY SO THEY CAN SELL THEM FOR MORE.

CAN YOU PLEASE ELABORATE ON WHY WHEN THE, UH, PREVIOUS COMMISSION GRANTED YOU 160 FEET ON THIS SITE TO MAKE THE PROJECT PENCIL IN AT THAT POINT IN TIME? MM-HMM .

WE DO NOT SEE TODAY 160 FOOT TOWER ON THAT PROPERTY.

YES.

SO I'M GONNA DO MY BEST, BUT THERE ARE, UH, COST CLIFFS OR COST SORT OF STEPS WHERE IT MAKES SENSE TO USE ENTITLEMENTS.

I KNOW WE'VE ALL HEARD ABOUT HOW 60 FEET IS NOT ACTUALLY A NOR IS 90 FEET, FOR EXAMPLE, A A REASONABLE PLACE TO, TO CUT, UH, TO CUT A HEIGHT BECAUSE YOU END UP INVESTING SO MUCH INTO JUST A FEW FLOORS THAT IT BECOMES NOT WORTH IT.

SO RIGHT NOW I THINK THE CURRENT BUILDING IS 1 37, SORRY, .

UH, SO IT'S NOT QUITE TO THE FULL ONE 60.

BUT THE IDEA IS, AND THAT'S WHY PART OF THE REASON THAT WE ASKED FOR, UM, A BIG INCREASE IS NOT BECAUSE WE NECESSARILY THOUGHT WE WOULD GET ALL THE WAY TO TWO 70, BUT BECAUSE WE WANTED TO MAKE SURE WE HAD THE FLEXIBILITY SO WE WOULDN'T BE COMING BACK BEFORE YOU, IN ALL HONESTY.

UM, BUT TO FIND A PLACE WHERE THE BUILDING FOOTPRINT IS MORE EFFICIENT AND THAT THE TOWER IS MORE EFFICIENT.

UM, THANK YOU.

AND THE FINAL QUESTION, UH, IS RELATED TO, UH, TO THE BEST OF YOUR KNOWLEDGE, UH, OF YOUR APPLICANT'S INTENTS, IS THE INTENT TO ACTUALLY BUILD A PROJECT.

THE INTENT IS TO FINISH THE PROJECT, AMEND THE SITE PLAN THAT'S IN AND GO FORWARD.

I MEAN, I CAN'T MAKE ANY PROMISES, BUT THAT'S CERTAINLY THE INTENT.

UNDERSTOOD.

UH, QUESTION FOR TRANSPORTATION.

THANK YOU, MR. BAJO.

GOOD EVENING.

YEAH.

IF YOU WANNA MON HASAN FROM AUSTIN TRANSPORTATION AND PUBLIC WORKS.

THANK YOU FOR BEING HERE TONIGHT.

UH, MY QUICK QUESTION FOR YOU IS THE NEIGHBORS HAVE BROUGHT UP, I THINK A, A NOTABLE AND REASONABLE CONCERN ABOUT THE TRAFFIC THIS WILL PLACE INTO THEIR NEIGHBORHOOD ON WHAT AMOUNTS TO A VERY SMALL STREET, UH, THAT IS CONCORDIA AVENUE TODAY, ALONG WITH THE COMPLICATIONS OF THE PUBLIC PRIVATE OWNERSHIP OF SAID STREET.

THE RE REQUEST OR THE RECOMMENDATION FROM YOUR DEPARTMENT WAS TO VACATE THE PROHIBITION ON THE USE OF CONCORDIA.

CAN YOU PLEASE ELABORATE ON THAT AND DISCUSS ANY REASONS OR RECOMMENDATIONS YOU WOULD HAVE TO AMELIORATE THE TRAFFIC THAT WILL FORM ON THAT STREET? UH, YES.

SO WE'RE NOT AGREEING OR AGREEING TO OR PROHIBITING A DRIVEWAY ON CONCORDIA THE APPROPRIATENESS OF A DRIVEWAY AND THE LOCATION AND ALL OF THAT WILL BE THE PLAN IS TO ASSESS THAT AT PLAN UNDER TCM STANDARDS AND RECOMMENDATIONS WOULD BE MADE AT THAT POINT TO MAKE CHANGES TO THE ROADWAY, IF ANY ARE NECESSARY.

CORRECT.

ALRIGHT.

OTHER COMMISSIONERS WITH QUESTIONS.

COMMISSIONER SKIDMORE.

THANK YOU.

I'LL JUMP IN 'CAUSE I HAVE SOME TRANSPORTATION QUESTIONS.

SO WHILE YOU'RE STILL THERE OF KIND OF CONTINUING THAT LINE OF QUESTIONING OF CONCORDIA AVENUE BY, MY MEASUREMENT RIGHT NOW IS 24 FEET WIDE, UH, AT THE INTERSECTION OF I 35, AND THEN I'LL ADJACENT TO THE PROPERTY

[01:40:01]

OF THE APPLICANT OF WOULD OBVIOUSLY LIKE TO ADD A DRIVEWAY ACCESS OF TO THIS COMMERCIAL BUILDING.

DO WE HAVE A SENSE OF HOW WIDE THAT DRIVEWAY WOULD NEED TO BE? UH, WE HAVEN'T ANALYZED THOSE THINGS YET.

THOSE HAVE BEEN DEFERRED TO THE SITE PLAN STAGE.

UH, BUT, UH, THE A SMP DOES CALL FOR, UH, 58 FEET OF RIGHT OF WAY ON CONCORDIA AVENUE.

SO IT'S RECOMMENDED THAT 29 FEET OF RIGHT OF WAY FROM THE CENTER LINE SHOULD BE DEDICATED FOR CONCORDIA, UM, WITH THIS SITE PLAN.

SO A SMP, THAT'S A BIT OF A CURVE BALL FOR ME HERE OF A SMP IS, IS WOULD REQUIRE A RIGHT OF WAY DEDICATION ALONG THE FRONTAGE? UH, YES.

OKAY.

UH, I GUESS FOLLOW, I GUESS QUESTION FOR THE APPLICANT, SINCE YOUR INSIGHT PLAN ON A DIFFERENT BUILDING AT THE MOMENT HAS A RIGHT OF WAY DEDICATION BEEN REQUESTED AT THIS POINT? I DO NOT KNOW THE ANSWER TO THAT.

OFF THE TOP OF APOLOGIES, I DON'T KNOW THE ANSWER TO THAT OFF THE TOP OF MY HEAD, BUT I'M SURE WE COULD FIND OUT QUICKLY IF YOU'D LIKE.

UH, YEAH, I'D APPRECIATE THAT.

OF QUESTION.

BACK TO, UH, TRANSPORTATION, PUBLIC WORKS OF THE INTERSECTION OF HARMAN AND CONCORDIA APPEARS TO BE PARTIALLY PUBLIC RIGHT OF WAY AND PARTIALLY PRIVATE STREETS.

CAN YOU EXPLAIN TO ME, UH, UH, HOW, HOW THAT WORKS AS IT'S WITHIN A POD, BUT THESE STREETS WERE CONSTRUCTED AND THEY'RE NOT DEDICATED TO THE CITY? I THINK SO MY QUESTION RELATES TO THE DISPOSITION OF HARMAN AVENUE AND CONCORDIA.

THAT IS SOMETHING I, I DON'T WANT TO SPEAK TO SOMETHING I'M, I'M NOT REALLY AWARE OF.

SO I, I WOULD NEED TO LOOK INTO THAT AND GET BACK TO THE COMMISSION.

OKAY.

UH, WHILE I HAVE TIME REMAINING OF THE QUESTION BACK FOR THE APPLICANT, UH, SHE'S RUNNING DOWN AN ANSWER OF, OKAY.

I THINK I'LL PAUSE FOR NOW.

NOPE.

THERE, THERE YOU ARE.

UH, SO WITH THE NEW PROPOSED, UH, REQUEST TO 195 FEET, HOW MANY UNITS ARE WE PROPOSING WITH THE PROJECT? APPROXIMATELY 400.

WE HAVEN'T GONE THROUGH THAT DESIGN YET, BUT THAT'S THE NUMBER.

WE HAVE 400 UNITS.

AND, UH, A PREVIOUS SPEAKER MADE A QUESTION OR MADE A COMMENT ABOUT, UH, A-A-D-T-E.

SO AVERAGE DAILY TRAFFIC OF 3000 VEHICLES PER DAY.

I JUST REALIZED, I APOLOGIZE.

UM, 400 WAS WITH THE ORIGINAL REQUEST, I'M SORRY.

AND SO THAT NUMBER, I HAVE NOT DONE THE MATH YET ON WHAT THAT WOULD LOOK LIKE, BUT IT WOULD BE LESS BECAUSE WE JUST REDUCED OUR REQUEST TO WHAT STAFF'S RECOMMENDING.

OKAY.

OF SPEAKING TO TRIP GENERATION.

THEN THERE WAS A NUMBER QUOTED EARLIER OF 3000 VEHICLES PER DAY THAT CAME FROM, WITH THE 400 UNITS WE WERE AT 18 81, 18 81.

UM, SO I COULD PROBAB WE COULD MAYBE DO SOME QUICK MATH AND FIGURE OUT, BUT IT WOULD BE CERTAINLY LESS THAN THAT.

SOMETHING LESS THAN TWO, A FAIR AMOUNT, LESS THAN THAT.

OKAY.

UH, I GUESS THAT'S ALL I HAVE AT THE MOMENT.

THANK YOU.

OTHER COMMISSIONERS WITH QUESTIONS? COMMISSIONER GANNON? I HAVE A COM A QUESTION FOR THE APPLICANT.

UM, DO WE KNOW WHAT THE OTHER USES ARE GONNA BE IN THE BUILDING? RIGHT NOW WE'RE PLANNING ON STRAIGHT MULTIFAMILY.

JUST MULTIFAMILY.

JUST MULTIFAMILY.

OKAY.

UM, DO WE KNOW, DO YOU KNOW, I GUESS WHAT THE TOP THE TARGET MARKET IS? IS THERE STUDENT HOUSING, I GUESS IS MY QUESTION? IT WOULD PROBABLY WOULD BE.

SOME OF IT AT LEAST WOULD BE DESIGNED WITH STUDENTS, STUDENTS IN MIND.

UM, WITH THAT PROXIMITY, THERE ALSO IS, HAS BEEN DISCUSSION OF BIGGER UNITS FOR LIKE GRADUATE STUDENTS AND I MEAN, THERE'S DEFINITELY LIKE A UT KIND OF CORRELATION, BUT THERE'S A FEW DIFFERENT IDEAS ABOUT HOW THAT WOULD WORK BEST.

OKAY.

UM, I USED TO LIVE JUST AROUND THE CORNER ON DUNCAN THERE, UM, WHEN I WAS AT UT.

AND I WOULD, I LOVE THAT NEIGHBORHOOD VERY MUCH.

UH, IN, IN OH TWO, I, I SPENT A REALLY GREAT YEAR THERE, UM, IN A FUN LITTLE CO-OP, BUT I THINK THAT THAT NEIGHBORHOOD IS FILLED WITH REALLY WONDERFUL AMENITIES, UH, FOR AN EAST TEXAS KID.

YOU KNOW, FIRST TIME WE MOVED TO THE BIG CITY, THIS WAS, UH, MY HOME BASE.

UM, AND I I, I LOVE TO THINK THAT WE CAN WELCOME MORE PEOPLE INTO THIS NEIGHBORHOOD, ESPECIALLY WITH THE AMENITIES THAT ARE LISTED OUT THAT THE, THE 35 CAP COMING IN, UM, THE, UM, UH, THE EXPANSION TO HANCOCK AND ALL OF THESE GREAT THINGS, THE, UH, THE GOLF COURSE, VERY WALKABLE.

UM,

[01:45:02]

UH, BUT I DO UNDERSTAND THAT, THAT THIS LEVEL OF DENSITY DOES PUT A, A STRAIN ON THE EXISTING NEIGHBORHOOD.

SO, UM, SO THANK YOU.

THOSE ARE MY ONLY QUESTIONS.

COMMISSIONER AHMED, UH, I HAVE SOME QUESTIONS.

I HAVE SOME QUESTIONS FOR THE APPLICANT HERE.

UH, I WANT TO BUILD UPON COMMISSIONER ROHAN'S, UH, QUESTIONS.

UH, YOU HAD SAID THAT TO YOUR BEST OF YOUR, UH, KNOWLEDGE, UH, THE DEVELOPER IS PLANNING TO GO THROUGH WITH THIS DEVELOPMENT.

UM, AS WAS DISCUSSED BEFORE, THE ISSUE, UH, IN THE PAST WAS THAT, UH, MY UNDERSTANDING IS AFTER THE SITE PLAN, UH, ONCE YOU HAD GOTTEN ENTITLEMENTS UP TO 160 FEET, THERE WAS THE ISSUE THAT THE PROJECT DID NOT PENCIL OUT.

AND SO I KNOW THAT THE REQUEST WENT DOWN FROM TWO HUNDRED SEVENTY TWO, A HUNDRED NINETY FIVE, LITERALLY IN THE LAST 24 HOURS.

SO CAN YOU SPEAK TO HOW MUCH ANALYSIS OR THOUGHT WAS WENT INTO THAT? ESSENTIALLY WHAT I WANT TO KNOW IS HOW CONFIDENT ARE YOU, UH, THAT WE'RE NOT GONNA BE IN THE SAME POSITION AFTER SITE PLAN HERE AND THAT THAT WILL BE ENOUGH TO ALLOW THIS TO PENCIL OUT? UM, I DON'T KNOW HOW TO ANSWER THAT.

I MEAN, WE'RE GONNA DO OUR BEST, UH, TO, TO GET THE PROJECT.

YOU KNOW, LIKE I SAID, WE HAVE A SITE PLAN INTERVIEW.

THE IDEA WOULD BE TO REVISE IT AND KEEP IT MOVING FORWARD.

TO YOUR POINT, WE ASKED FOR CONSIDERABLY MORE TO TRY TO MAKE THAT MORE.

SURE.

UM, WE HAVE COME DOWN SIGNIFICANTLY BECAUSE WE NEED TO JUST MOVE FORWARD AND SEE WHAT WE CAN DO HERE.

UM, I DON'T, YOU KNOW, WE HAVEN'T DONE A DESIGN, I DON'T KNOW, AND MARKETS ARE CHANGING QUICKLY.

I, YOU KNOW, I'M, I'M HOPEFUL, BUT I CERTAINLY CAN'T, UM, SIT HERE AND TELL YOU THAT WITH 195 FEET WE CAN GET THE DENSITY WE NEED TO MAKE THIS PROJECT WORK.

I CAN'T MAKE THAT PROMISE.

OKAY.

EXCELLENT.

THANK YOU.

UM, AND THEN MY OTHER QUESTION IS, THERE WAS THE SUGGESTION FROM SOME OF THE NEIGHBORS, UH, THAT THE APPLICANT HAS NOT BEEN WORKING IN GOOD FAITH AND HAS NOT BEEN VERY RESPONSIVE TO, UH, COMMUNICATION.

UH, AND YOU KNOW, THAT'S WHY THE REQUEST FOR THE DELAYS THERE.

CAN YOU SPEAK A LITTLE BIT TO, UM, THE COMMUNICATIONS YOU'VE HAD WITH THE COM, UH, WITH THE NEIGHBORHOOD WHEN THEY STARTED THESE, UH, DISCUSSIONS AND HAVE YOU ASKED THE, UH, NEIGHBORHOOD ABOUT WHAT THEY WANT IN ADDITION TO, UH, SOME OF THE COMMUNITY BENEFITS THAT YOU'RE ALREADY ? YES.

UM, SO I WILL TAKE RESPONSIBILITY FOR THE INITIAL COMMUNICATION THAT I RECEIVED THAT I THOUGHT REPRESENTED THE NEIGHBORHOOD IN WHOLE, AND IT TURNED OUT REPRESENTED JUST A SMALL GROUP.

THAT WAS MY MISTAKE.

I MISUNDERSTOOD SOME CORRESPONDENCE.

UM, HOWEVER, RIGHT BEFORE THE LAST PLANNING COMMISSION MEETING, WE WERE HERE A MONTH AGO, WHICH YOU MAY REMEMBER, IT WAS ON CONSENT THAT WE AGREED TO A MONTH POSTPONEMENT.

WE'VE MET SEVERAL TIMES, UM, BOTH WITH INDIVIDUALS, UH, AND WITH THE HANCOCK NEIGHBORHOOD ASSOCIATION.

I WENT WITH THE EXECUTIVE COMMITTEE.

LIKE WE'VE, WE'VE, WE HAVE HAD SEVERAL MEETINGS AND WE HAVE, UM, BOTH MADE SOME SUGGESTIONS BASED ON WHAT WE'VE HEARD.

LIKE WE HAD SUGGESTED, UM, MAKING A FINANCIAL CONTRIBUTION TOWARD INTERSECTION IMPROVEMENTS ON THE, SINCE THE CITY CAN ONLY DO THE PUBLIC PORTION, KIND OF TRYING TO PUT SOME MATCHING DOLLARS IN SO THAT THE WHOLE INTERSECTION COULD BE IMPROVED, LIKE MAKE OUT TO THE HOA, WE TALKED ABOUT INCLUDING A SMALL RETAIL SPACE ON THE FIRST FLOOR.

UM, AND, UM, IT, IT DOESN'T, AND I HAVEN'T, OTHER THAN, UM, A PROPOSAL I HEARD THIS MORNING FOR SOME SORT OF PUD WIDE IMPROVEMENTS, WHICH WE OBVIOUSLY CAN'T DO THINGS LIKE THAT.

WE CAN'T DO IMPROVEMENTS ON OTHER PEOPLE'S PROPERTY.

UM, WE HAVEN'T REALLY HEARD A LOT OF, YOU KNOW, WE HAVE ASKED AND, AND I, AND I, AND I DON'T WANNA PUT WORDS IN ANYONE'S MOUTH OR, OR MAKE ANY, YOU KNOW, I DON'T I DON'T WANNA BE CHALLENGING, BUT I, I DON'T FEEL LIKE WE HAVE HEARD OR BEEN OFFERED OR BEEN TAKEN UP ON THE KINDS OF THINGS THAT WE'VE TRIED TO SORT OF OFFER, UM, IN EXCHANGE FOR THIS.

WHICH IS WHY WE SAID, OKAY, WELL IF STAFF FEELS COMFORTABLE WITH WHAT WE PROPOSED IN OUR APPLICATION AND GRANTING US 195 FEET, UM, WE'LL MOVE FORWARD WITH THAT.

WHICH IS WHY WE BROUGHT OUR APPLICATION DOWN TO THAT THINKING LIKE, YOU KNOW, THAT IS SOMETHING THAT AT LEAST STAFF HAS MADE THEIR PROFESSIONAL OPINION ON.

SO LET'S MOVE FORWARD WITH THAT.

EXCELLENT.

THANK YOU.

UH, I DO HAVE ANOTHER QUESTION FOR, UH, MR. HOR.

THANK YOU SO MUCH, UH, FOR BRINGING UP YOUR CONCERNS ABOUT THIS PROJECT.

MY QUESTION TO YOU IS, UH, IF, UH, YOU KNOW, BASED OFF WHAT THE APPLICANT HAD MENTIONED, UH, IT SOUNDED LIKE YOU'RE REQUESTING A DELAY FOR THIS.

IF WE, YOU KNOW, DON'T, UH, JUST DECLINE THIS REQUEST FOR THE ZONING CHANGE.

AND SO YOU HAD SAID IT'S SO THAT YOU HAVE TIME TO KIND OF COME UP WITH WHAT, UH, THE COMMUNITY WOULD WANT TO ASK FOR IN TERMS OF BENEFITS TO MAKE IT MORE PALATABLE OR MITIGATE THE NEGATIVE IMPACT.

SO MY QUESTION IS, IF YOU HAD STARTED TALKING TO THE APPLICANT ABOUT THIS A MONTH AGO AS THE

[01:50:01]

APPLICANT HAD SAID, UH, HAVE YOU BROUGHT OVER SOME OF THOSE, UH, UH, DESIRED COMMUNITY BENEFITS? AND IF NOT, WHY HAS THAT NOT BEEN BROUGHT TO THE APPLICANT OVER THE LAST MONTH? AND WHAT'S GONNA CHANGE BETWEEN NOW AND THE NEXT, UH, PLANNING COMMISSION MEETING? SO WE, WE HAVE TALKED TO THE APPLICANT, UH, IN THE PAST MONTH.

WE DIDN'T TALK BEFORE 'CAUSE WE HAVE HADN'T BEEN CONTACTED UNTIL A MONTH AGO.

UH, AND WE DIDN'T HAVE A DATE FOR THIS.

UH, SINCE THAT TIME SOME NEIGHBORS HAVE PROPOSED SPECIFIC THINGS AND HAVE NOT RECEIVED, UM, UH, SPECIFICALLY ONE OF THE SPEAKERS HERE HAD HAD, UH, TWO SEVERAL CONVERSATIONS WITH THE NEIGHBOR.

UM, THE APPLICANT'S REPRESENTATIVE CAME TO OUR EXECUTIVE COMMITTEE AND CAME TO OUR, OUR, UH, GENERAL MEETING AND, AND, UH, TALKED ABOUT WHAT THE PROJECT WAS.

THE INFORMATION WE HAD AT THAT TIME WAS VERY INCOMPLETE BECAUSE THEY DON'T HAVE A PLAN FOR WHAT THEY HAVE.

THEY HAVE A PLAN FOR, UH, 11 FLOORS, A TOTALLY DIFFERENT, DIFFERENT, UH, DIFFERENT THING.

AND WE HAVE, BASED ON, UH, WHAT ONE OF THE NEIGHBORS HAS WORKED ON, WE COULD START TALKING ABOUT WHAT WOULDN'T BE NEEDED TO MAKE THIS WORK.

BUT IT'S, IT'S NOT ABOUT GIVING MONEY TO, UH, THE ARTS FUND OR TO SOMETHING LIKE THAT.

IT'S ABOUT, UH, THIS, THIS DEVELOPMENT WITHOUT ANYTHING ELSE WILL HAVE BAD EFFECTS ON THIS PARTICULAR PART OF THE NEIGHBORHOOD.

SO WE NEED TO FIGURE OUT WHAT SPECIFICALLY WOULD, UH, MITIGATE THESE EFFECTS.

I THINK IT'S MOSTLY ABOUT, UH, THE STREET LEVEL, UH, THE QUALITY OF THE STREET ON CONCORDIA.

AND THAT'S GONNA INVOLVE, UH, WORKING WITH THE DEVELOPER BECAUSE IT'S GONNA INVOLVE SOME FUNDS.

IT'S ALSO GONNA INVOLVE WORKING WITH THE CITY BECAUSE SOME OF THIS INVOLVES, UH, TRAFFIC, UH, CHANGES TO THE CITY, TO THE, TO THE SAFETY OF CONCORDIA BASICALLY.

AND EVEN THEN, RIGHT NOW I ONLY HAVE A MANDATE FROM THE MEMBERSHIP TO OPPOSE THE, BECAUSE THAT'S BASED ON ALL THE INFORMATION WE HAVE.

THAT'S WHAT PEOPLE VOTED FOR.

SO WE'D HAVE TO FIGURE OUT A WAY THAT I COULD GO BACK TO THE, TO THE MEMBERSHIP AND TO THE NEIGHBORHOODS, UH, AND ALSO TO OTHER NEIGHBORHOODS WHO ARE INTERESTED IN THIS AND SAY, THIS IS WHAT WE'RE GETTING SPECIFICALLY.

AND UH, THEN WE COULD, UH, THEN, THEN POSSIBLY PEOPLE WOULD, WOULD SUPPORT.

UH, THE, THE ONE 90, I THINK THAT I'VE HEARD IT EXPRESSED AS, YOU KNOW, 1 95 WITH BENEFITS WOULD BE BETTER THAN ONE 60 WITHOUT BENEFITS.

RIGHT.

BUT THE PROBLEM IS RIGHT NOW, THE COMMUNICATION HAS NOT BEEN GOOD.

I'VE HAD TWICE I'VE HAD, I'VE BEEN TOLD WE'RE AT AN IMPASSE AT A POINT WHEN I FELT WE WERE NOT AT AN IMPASSE AT ALL.

WE HAD BARELY STARTED TALKING.

RIGHT.

AND, AND UH, I, I WOULD, I WOULD LIKE TO WORK TO SOMETHING MORE SPECIFIC.

CAN WE DO IT IN TWO WEEKS? YEAH, WE'RE GONNA HAVE TO WORK EVERY DAY ON THIS.

MR. DARFORD, I'M SORRY TO CUT YOU OFF, BUT WE WILL UH, COME BACK TO YOU IF ANOTHER COMMISSIONER HAS QUESTIONS.

OTHER COMMISSIONERS WITH QUESTIONS? YES.

COMMISSIONER MAXWELL.

UM, I HAVE A QUESTION FOR THE APPLICANT AS WELL AS FOR STAFF.

SO I'LL LIVE COME OVER WHOEVER GETS TO HERE FIRST.

UM, I'LL START WITH THE APPLICANT.

MS. POJO, CAN YOU, UH, TALK TO THE AFFORDABLE HOUSING? I NOTICED IT MENTIONED OWNER OCCUPANCY SPECIFICALLY.

IS THAT SOMETHING THAT'S IN THE PUD OR HOW DID THAT COME ABOUT? THAT IS IN THE PUD.

UM, I'M NOT SURE HOW OR WHY , BUT UM, WE ALSO HAVE ADDED A FEE AND LIE.

SO WHICH IS AVAILABLE TO ANY BONUS AREA.

UH, ANY, SO YEAH, SO SO IT WOULD BE, IF IT'S AN OWNER OCCUPIED SITE, WHICH IT PROBABLY IS NOT GOING TO BE, IT'S PROBABLY GONNA BE RENTAL, UM, IT WOULD BE AN AFFORDABLE HOUSING FEE.

AND THOUGH, AND I GUESS THAT THERE'S NOT AN OPPORTUNITY TO NECESSARILY CHANGE THAT TO SOME LEVEL OF OCCUPANCY GIVEN THAT IT'S PROBABLY GONNA BE RENTAL BECAUSE IT'S IN THE POD DOCUMENTS.

IS THAT CORRECT? WE COULD CERTAINLY TALK ABOUT THAT.

UM, I, I WOULD JUST SAY 'CAUSE WE DON'T USUALLY SEE OWNER OCCUPANCY.

I KNOW AND I MEAN AS MUCH AS I APPRECIATE FEE AND LOU, I THINK TO THE POINT THAT COMMISSIONER GANNON WAS MAKING THIS BEING A STUDENT AREA AND BEING ABLE TO MAKE SOME OF THOSE UNITS AFFORDABLE TO SAY GRAD STUDENTS OR WHATNOT WOULD BE A GREAT ADDITION TO THE SUPERIORITY.

WE CAN CERTAINLY TALK ABOUT THAT AND WE'RE HAPPY TO CONTINUE TO TALK WITH NEIGHBORS AND, AND OBVIOUSLY WITH THE COUNCIL OFFICE AND WITH WITH Y'ALL AS WE MOVE FORWARD TO CITY COUNCIL.

SO, YOU KNOW, I JUST WANNA MAKE IT CLEAR THAT THIS ISN'T THE END OF THIS DISCUSSION.

IT'S JUST THAT WE WOULD, WE ARE REQUESTING TO MOVE FORWARD TONIGHT THROUGH PLANNING COMMISSION.

GREAT.

AND THEN A QUESTION FOR STAFF, UM, REGARDING THE SUPERIORITY, IT SEEMS LIKE THERE ARE SOME COMMUNITY BENEFITS THAT HAVE BEEN OUTLINED.

YOU ACTUALLY TOOK A LOOK AT THOSE AS STAFF AND HAD A PROFESSIONAL CONVERSATION I ASSUME, AND REVIEWED THAT AND FELT COMFORTABLE WITH INC.

UH, THE RECOMMENDATION YOU ALL CAME THROUGH, CAME TO, IS THAT CORRECT? REGARDING THE, THE ELEMENTS OF COMMUNITY BENEFITS? YES.

SO SUSSAN, YES, .

OKAY.

UM, YES.

SO WHAT WE LOOKED AT WHEN WE WERE DISCUSSING OR ASSESSING, OBVIOUSLY WE WERE ASSESSING FOR A DIFFERENT REQUEST.

UM, BUT THE PRIOR AMENDMENT IN 22 DID, YOU KNOW, BECAUSE THE PUD WAS MODIFIED AND SUPERIORITY WAS ADDED, THEY DID COME IN AND ADD SEVERAL ITEMS AT SUPERIORITY BEFORE REQUESTING THE ONE 20.

SO THAT WAS TAKEN INTO CONSIDERATION LOOKING AT THAT.

AND AS MS. POS TALKED

[01:55:01]

ABOUT, SOME OF THOSE ITEMS ARE, THEY'RE NOT FIXED, THEY'RE VARIABLE.

SO AS YOU KNOW, AS THE HEIGHT OR THE HEIGHT OF THE BUILDING INCREASES IN SOME OF THESE ITEMS WILL ALSO INCREASE AS WELL.

AND, AND JUST SO I'M CLEAR ON, WHEN WE HAVE A PUD LIKE THIS AND A BUILDING COMES IN A LITTLE BIT LATER AND THERE'S BEEN SOME ADJUSTMENTS IN THE PUD, THERE IS A DESIRE TO SORT OF MATCH WHAT ALREADY HAS BEEN PUT THROUGH THE PUD AND THEN WHAT WOULD BE COMING IN LATER.

SO FOR EXAMPLE, THE BIKE SHARE IS NOT SOMETHING WE WOULD'VE THOUGHT OF BEFORE, BUT NOW THAT'S SOMETHING THAT'S GREAT TO ADD.

IS THAT SORT OF THE WAY YOU ALL THINK THROUGH THIS PROCESS? YES, CORRECT.

JUST LOOKING AT, YOU KNOW, WITH ADDITIONAL, UM, HEIGHT REQUEST AS THE AT HAS, AS IT HAS PROCESSED, UM, LOOKING AT WHAT CAN BE ADDED AS SOME SUPERIORITY ITEMS FOR THIS REQUEST.

AND THEN JUST ONE FINAL QUESTION 'CAUSE THERE WAS THE POINT MADE ABOUT THE ACCESSIBILITY OF THE COMMERCIAL SPACES, GIVEN THAT THERE MIGHT BE A BIKE CHAIR RIGHT THERE, HOPEFULLY SUPPORTED BY CAP METRO, UM, WE AND OUR METRO BIKE, THAT YOU WOULD BE ABLE TO BIKE TO SEVERAL OF THOSE LOCATIONS ON THOSE SIDE STREETS.

AND THROUGH THAT NEIGHBORHOOD NOT NECESSARILY USING, UM, THE I 35, WHICH WE KNOW WILL BE UNDER CONSTRUCTION FOR QUITE SOME TIME.

CORRECT.

THERE ARE AND THERE IS ACTUALLY EXCELLENT BUS ROUTES THERE AS WELL AND ACCESS TO UT AS WELL.

YES, THERE'S SOME THAT ARE, I DON'T HAVE THE DISTANCES, BUT THERE IS SOME IN WITHIN THE AREA.

SO THIS IS DEFINITELY A VERY WALKABLE AREA WHERE WE'D LIKE TO SEE AVAILABILITY OF HOUSING IT SOUNDS LIKE.

YES.

SO MORE DENSITY AND THAT IS WHAT STAFFED INTO CONSIDERATION, HAVING DENSITY, ESPECIALLY ALONG I 35, BUT UM, YOU KNOW, TAKING THAT INTO CONSIDERATION AS WELL.

OKAY, GREAT.

THOSE ARE MY QUESTION.

OTHER COMMISSIONERS WITH QUESTIONS? COMMISSIONER BRETTON, GO AHEAD.

I HAVE A QUESTION FOR THE APPLICANT.

YOU ALREADY ANSWERED THE QUESTION THAT I HAD TO ASK OR THAT I WAS THINKING ABOUT WITH THE 400 UNITS AND THE, AND THE HEIGHT.

YES.

UM, I KNOW, UH, THAT THE ACCESS RESTRICTION ON CONCORDIA, WHAT WOULD THAT POTENTIALLY, IF THROUGH SITE PLAN THEY ALLOW, UH, FOR AN EXIT ON CONCORDIA, WHAT WOULD THAT ALLOW DIFFERENTLY? WHAT FLEXIBILITY MIGHT THAT ADD RATHER THAN NOT HAVING AN EXIT? UM, IT'S A HARD QUESTION TO ANSWER BECAUSE WE HAVEN'T GONE THROUGH DESIGN.

I'M GONNA BE HONEST.

UM, I WILL SAY THAT IT OBVI OBVIOUSLY IT OFFERS SOME FLEXIBILITY.

UM, WE WOULD, I, I DON'T IMAGINE A SCENARIO WE WOULDN'T STILL HAVE ACCESS ON I 35, LIKE I THINK THE PRIMARY ACCESS WOULD BE ON I 35.

THIS WOULD JUST STILL, THIS WOULD JUST ALLOW, UM, AN ADDITIONAL, UM, POINT OF ACCESS, WHETHER IT'S IN AND OUT OR, OR YOU KNOW, LOADING OR SOMETHING LIKE THAT.

IT WAS MORE FLEXIBILITY WITH FLEXIBILITY WITH THE FOOTPRINT AND IN PARTICULAR, UM, ONE THING THAT HAS COME UP IS THAT EVEN THOUGH TEXT DOT ONLY TOOK, LIKE, THEY TOOK IT IN THE SHAPE OF A TRIANGLE, LIKE WE'RE, WE'RE NOT GONNA BUILD THE BUILDING IN THE SHAPE OF A TRIANGLE, SO THEY EFFECTIVELY TOOK THE WHOLE FRONT, YOU KNOW, SO IT JUST MAKES THE SIZE OF THE FOOTPRINT SMALLER, WHICH IS ALSO PART OF WHAT MAKES, RIGHT NOW WE HAVE A TWO TOWER DESIGN FOR EXAMPLE, AND WE WOULD PROBABLY DO A ONE TOWER DESIGN, UM, IF WE COULD GET THAT ACCESS POINT.

GOT IT.

UM, DO YOU HAVE AN ANSWER ABOUT THE RIGHT OF WAY DEDICATION ON CONCORDIA? I HAVE A LITTLE BIT OF AN ANSWER .

OKAY.

UM, THE ANSWER THAT I HAVE IS, IT DOES NOT APPEAR FROM OUR CURRENT SITE PLAN THAT RIGHT OF WAY WAS TAKEN.

IT DOES APPEAR THAT THERE IS, AND I, THIS IS THE REASON FOR THAT ADMINISTRATIVE, UM, PUT AMENDMENT, AND I DON'T NEED TO GET INTO ALL THE WEEDS OF THIS, BUT THERE WAS AN ADMINISTRATIVE PUT AMENDMENT BECAUSE THERE'S A GREAT STREETS REQUIREMENT ON CONCORDIA AND WE COULDN'T ACTUALLY COMPLY WITH IT BECAUSE THERE'S A BIG GAS LINE THERE.

UM, AND SO, UM, WE, THE AMENDMENT WAS TO LET US PUT GREAT STREETS LIKE BACK A LITTLE BIT, LIKE BEHIND THE LIKE PUT SIDEWALK, LIKE REARRANGE THINGS SO THAT WE COULD PUT SIDEWALK THERE AND NOT TRY TO PUT TREES ON A GAS LINE.

UM, AND SO MY BEST GUESS IS THAT THAT GAS LINE IS ALSO WHAT IS MAKING IT DIFFICULT TO TAKE RIGHT AWAY RIGHT THERE.

AND IT MAY MAKE IT DIFFICULT TO TAKE A DRIVEWAY, I MEAN, TO THE POINT MADE EARLIER, UM, YOU KNOW, WE DON'T KNOW THAT WE'RE GOING TO BE ABLE TO, WE'RE JUST LOOKING FOR SOME FLEXIBILITY TO BE ABLE TO DESIGN THIS BUILDING IN A WAY THAT MAKES SENSE.

OKAY.

UH, AND THEN THERE WAS ONE, UH, THING THAT YOU NOTED, WHICH I THINK MIGHT BE HELPFUL TO ILLUMINATE MORE EXPLICITLY.

UH, YOUR CHANGE FROM 270 TO 195, UH, AND TALKING ABOUT THE FINANCING ENVIRONMENT, IT SEEMS TO ME LIKE THERE IS A LITTLE BIT OF A TRADE OFF HERE BETWEEN THE TIMING THAT WE MAKE THIS DECISION AND THE ENTITLEMENT THAT WILL ACTUALLY BE REQUIRED FOR THIS PROJECT TO PENCIL AKA IF WE WAIT LONGER TO APPROVE SOMETHING LIKE THIS, THE ENTITLEMENTS NEEDED FOR YOUR OWNER OR THE APPLICANT, UH, TO ACTUALLY MAKE THIS WORK WILL NEED TO BE HIGHER.

THAT'S RIGHT.

IT'S HARD TO SIT ON, I MEAN, THIS IS PART OF THE URGENCY AS THIS PROJECT IS SITTING RIGHT NOW.

CERTAINLY THE FINANCING ENVIRONMENT IS FLUID, UH, AT THIS TIME.

UM, I HAVE ONE OTHER, I HAVE A COMMENT LESS THAN A QUESTION.

I DON'T THINK I CAN DO THAT.

YOU CAN SAVE IT FOR WHEN WE MOVE INTO OUR DEBATE.

THANKS, COMMISSIONER BRETTON, OTHER COMMISSIONERS WITH QUESTIONS? OKAY.

LOOKING FOR A MOTION ON THIS ITEM? YES, GO AHEAD.

COMMISSIONER HILLER,

[02:00:01]

I I I MOTION THAT WE, UM, ACCEPT STAFF'S RECOMMENDATION, MOTION FOR STAFF RECOMMENDATION SECONDED BY COMMISSIONER MAXWELL.

COMMISSIONER HILLER, WOULD YOU LIKE TO SPEAK TO YOUR MOTION? YOU DON'T HAVE TO.

I, EXCUSE ME.

I DIDN'T ASK A LOT OF QUESTIONS ON THIS REGARD, BUT I THINK THAT THE STAFF RECOMMENDATION TO GO FROM 1 61 95 IS PRETTY MODEST AND, AND WE'RE NOT TALKING ABOUT A HIGH NUMBER OF UNITS IN TERMS OF THE DIFFERENCE.

UM, I THINK THAT THE COMMUNITY'S INTEREST IS IN, UM, TRYING TO MITIGATE SOME OF THE HARDSHIPS THAT THE DENSITY MIGHT BRING.

AND I, I KNOW THAT'S VERY SINCERELY HELD, UM, BUT I DON'T KNOW, THERE'S TOO MUCH ADDITIONAL HARDSHIP GOING FROM ONE 60 TO ONE 90, SORRY, 1 60, 1 95 AND, UM, ANYWAY, THAT'S, THAT'S KIND OF THE BIG BASIS FOR IT.

ANY COMMISSIONERS SPEAKING AGAINST THE MOTION.

ANYONE ELSE LIKE TO SPEAK FOR COMMISSIONER ROJAN? THIS IS A REALLY DIFFICULT CASE.

UM, I HAVE A LOT OF FRIENDS IN THE ROOM SITTING OUT THERE THAT HAVE SPOKEN TONIGHT.

I WILL SAY THAT IF WE WERE TALKING ABOUT 65 FEET TO 195 FEET, I FULLY AGREE WITH YOU THAT THIS IS AGAINST THE ORIGINAL INTENT OF THIS PUD AND WHAT SHOULD BE BUILT ON THIS SITE.

UM, I DO PERSONALLY FEEL LIKE PUTTING HEIGHT ALONG THE I 35 CORRIDOR IS THE RIGHT THING TO DO BECAUSE I THINK LOW SCALE DEVELOPMENT, LOW SCALE HOUSING ALONG THE HIGHWAY IS NOT GOOD HOUSING.

IT'S NOT A GOOD PLACE TO PUT PEOPLE TO LIVE, BUT PUTTING THEM HIGH UP ABOVE IS A MUCH BETTER SOLUTION.

I UNDERSTAND THAT 195 FEET IS OUT OF SCALE FOR THE NEIGHBORHOOD THAT YOU HAVE CURRENTLY, BUT SO IS 160 FEET AND IF YOU DON'T TAKE THIS OPPORTUNITY TO WORK WITH THE DEVELOPER ON THIS CASE, YOU COULD END UP WITH 160 FOOT BUILDING WITH NO INPUT FROM YOU.

THIS IS YOUR OPPORTUNITY TO REACH OUT.

WE'RE TALKING OF A DIFFERENCE OF THREE STORY, THREE STORIES OF A BUILDING.

IT'S NOT A BETTER BUILDING AT 1 9, 1 60.

YOU'RE NOT GONNA BE ABLE TO TELL THE DIFFERENCE OF THAT HEIGHT FROM THE GROUND.

THIS IS THE OPPORTUNITY FOR THE NEIGHBORHOOD TO GO IN AND WORK WITH THE DEVELOPER, TRULY WORK WITH THE APPLICANT TO TRY TO FIND COMMON GROUND.

NOW THAT OBVIOUSLY ALSO COMES TO THE APPLICANT AS WELL, RIGHT? THIS IS A TWO-WAY STREET.

THESE NEGOTIATIONS ONLY WORK IF BOTH PARTIES COME TO THE TABLE.

BUT I HAVE TO SUPPORT IT BECAUSE I THINK THIS IS THE ONLY CHANCE THAT YOU GUYS GET A VOICE IN WHAT HAPPENS ON THIS PROPERTY.

OTHER COMMISSIONERS SPEAKING FOR OR AGAINST THE MOTION.

YES.

COMMISSIONER SKIDMORE.

UM, IS IT TOO LATE TO PROPOSE AN AMENDMENT? YOU CAN PROPOSE, UH, AND YES, YOU CAN MAKE AN AMENDMENT.

OKAY.

UH, BEAR WITH ME HERE 'CAUSE I'M THINKING THROUGH THIS.

UH, I'M DEEPLY TROUBLED BY THE CONCORDIA FRONTAGE.

SEEMS LIKE A LOT OF WORK WAS DONE WITH ALL OF THE STRUCTURES THAT HAVE BEEN BUILT ON CONCORDIA, INCLUDING ON THE SOUTH SIDE OF CONCORDIA, TO ACTUALLY REDUCE THE SCALE AND BUILD TOWNHOUSES UP FRONT ON THAT STREET.

AND I THINK ALLOWING THE FULL HEIGHT, QUITE FRANKLY, WHETHER IT'S 160 OR 195 FEET, RIGHT UP TO CONCORDIA IS JUST INCOMPATIBLE WITH LITERALLY WHAT WAS WORKED THROUGH IN THE PUD AND WHAT WAS BUILT IN GOOD FAITH TO THE PUD.

SO MY AMENDMENT WOULD BE TO, UH, AND AGAIN, I'M FRUSTRATED ABOUT THIS BECAUSE WE'RE ALREADY, WE'RE SITTING AT 160 TODAY FOR AN ENTITLEMENT, BUT WOULD BE TO REDUCE ALLOWABLE HEIGHT ALONG CONCORDIA TO BE COMPATIBLE WITH THE ADJACENT PROPERTIES.

SO THAT'S TODAY THEY'RE 60 FEET.

SO ANY I KNOW, I'M SORRY, I NEED TO FORMULATE THAT INTO A MOTION.

SO MY MOTION WOULD BE TO AMEND THE ALLOWABLE HEIGHT TO LIMIT THE ALLOWABLE INCREASE IN ALLOWABLE HEIGHT TO OFFSET IT.

I WITHDRAW THE, THE, THE AMENDMENT.

I'M JUST, I'M JUST FRUSTRATED.

WE DON'T HAVE TIME TO SORT THIS.

APOLOGIES.

OKAY.

YOU WANNA WITHDRAW THE AMENDMENT? DO YOU WANNA ASK ANY QUESTIONS OF STAFF THAT WOULD GIVE YOU CLARITY?

[02:05:04]

NO.

OKAY.

WE'VE GOT ONE MORE SPOT.

FOUR AND THE FIVE.

CAN I ASK THE QUESTION OF STAFF? SURE.

UM, THE, SORRY.

THE BUILDING ACROSS THE STREET, ACROSS CONCORDIA ON THE SOUTH SIDE IS 75 FEET RIGHT ACROSS CONCORDIA.

THE LAND USE MAP ALLOWS FOR LIKE 65 FEET AND 40 FEET DIRECTLY ACROSS.

OKAY.

I MUST HAVE MISJUDGED IT.

AND THEN BEHIND THAT IS, IS THE, THE 90 FEET, THAT'S PARTIAL.

I, SO THERE'S THREE DIFFERENT HEIGHTS THAT ARE ALLOWED ON THAT.

AND IS THERE A WAY FOR US TO DO WHAT WE'RE, WHAT, UM, COMMISSIONERS SKIDMORE WAS ASKING THAT WE COULD STAIR STEP THE HEIGHT IN A WITHIN THIS CASE, OR ARE WE ONLY IT WOULD, IT WOULD HAVE TO BE AT LEAST ONE 60 AT THE MINIMUM.

I MEAN YOU CAN MODIFY, YOU KNOW, AMEND THE REQUEST AT OKAY.

IT LOOKS LIKE.

OKAY.

ARE YOU WANTING TO, ARE YOU WISHING TO MAKE AN AMENDMENT? I JUST DON'T KNOW HOW TO DO IT.

AND I SEE, UM, APPLICANT SHAKING YOUR HEAD, BUT I DON'T KNOW THERE'S A LEGAL WAY TO DO IT.

OH, I SEE.

UM, IF WE ARE POSTED FOR A CERTAIN THING AND IT'S NOT, I MEAN IT'S, IT'S, YOU CAN DO IT.

YOU CAN AMEND THE RECORD.

MAKE THE AMENDMENT.

MM-HMM .

OKAY.

SO I MEAN, I GUESS MY AMENDMENT WOULD BE TO HAVE THE, AND YOU HAVE THE, THE FRONTAGE BE AT 90 FEET, IF THAT'S WHAT YOU SAID.

THE, THE ADJACENT.

ARE WE TALK, ARE WE TALKING ABOUT THE FRINGE TO CONCORDIA TO CONCORDIA AVENUE? SO WE HAVE AN AMENDMENT SET.

A SETBACK.

SETBACK, OKAY.

I'M SORRY.

THANK YOU MR. ERIC THOMAS WITH AUSTIN PLANNING.

SO I THINK, I THINK, UM, THE WAY YOU WOULD PROBABLY WANT TO STRUCTURE THAT TYPE OF AMENDMENT IS A SET NUMBER OF FEET FROM, FROM CONCORDIA, UH, HOWEVER MANY FEET BACK, THE HEIGHT IS LIMITED TO X FEET AND BEYOND THAT IT'S LIMITED TO 195 FEET OR, OR HOWEVER YOU'RE PROPOSING FOR THE MOTION TO BE AMENDED.

OKAY.

SO I WOULD SAY, UM, 30 FEET FROM BACK OF THE RIGHT OF WAY, I WOULD HAVE 90, 90 FEET AND THEN IT COULD BE UP TO 1 95 AFTER 30 FEET BEHIND THE RIGHT OF WAY WOULD BE MY AMENDMENT.

OKAY.

SO WE HAVE AN AMENDMENT ON THE TABLE.

BEFORE WE GET A SECOND, I WANT TO JUST GIVE US A QUICK OPPORTUNITY FOR QUESTIONS.

UM, THAT WOULD BE CLARIFYING FOR THIS.

WE'RE NOT GONNA DO A FULL ROUND.

UM, BUT DOES ANYONE HAVE QUESTIONS FOR THE AMENDMENT MAKER OR ANYONE ELSE? CAN YOU REPEAT THE AMENDMENT PLEASE? SO 30 FEET BEHIND THE RIGHT OF WAY, A HEIGHT OF UP TO 90 FEET AND THEN BEYOND THAT 195 FEET UP TO 195.

ANY OTHER QUESTIONS ON THE AMENDMENT? SORRY.

AND I CAN JUST CLARIFY, I MEASURED THE SOUTH SIDE OF TROUBADOUR.

IT HAS THE FRONTAGE IS LOWER, I'M SORRY, THE SOUTH SIDE OF CONCORDIA AT THE TROUBADOUR, THE FRONTAGE IS LOWER AND THEN IT STEPS UP AND IT'S THE FIRST 30 FEET THAT IS LOWER HEIGHT AND THEN IT STEPS UP.

SO I JUST COPIED WHAT'S ON THE OTHER SIDE OF THE STREET.

COMMISSIONER GANNON, YOU HAD A QUESTION ON THE AMENDMENT? YEAH, I DO.

UM, FIRST IS THERE ANY WAY TO GET A, A SITE PLAN UP ON, OR UH, A MAP UP ON THE SCREEN ? BECAUSE MY UNDERSTANDING IS CONCORDIA IS UM, UH, SORT OF IN BETWEEN THE, THE REST OF THE PUD AND THEN AND THEN THIS PROPERTY AND ON THE OTHER SIDE WOULD BE THE NEIGHBORHOOD, RIGHT? SO THEN IF WE'RE LOOKING AT THIS, THIS WOULD ESSENTIALLY IF WE'RE, IF WE'RE TALKING ABOUT WHAT THE NEIGHBORHOOD, UM, WAS SHOWING AS THE INTENTIONAL STAIR STEPPING OF THE PUD FROM THE WEWORK TOWER MOVING DOWN TOWARDS THE NEIGHBORHOOD, WHAT WE WOULD BE DOING IS INTRODUCING SORT OF A NOTCH IN THAT AND THEN WE WOULD SHOOT UP.

IS THAT RIGHT? AND IT WOULD BE TO JUST FOR CONCORDIA TO UM, UM, I GUESS IT'S THAT WOULD, ARE WE TALKING ABOUT THAT ONE LITTLE NOTCH ALONG CONCORDIA AND 30 AND, AND I 35 AND 30 FEET GOES ABOUT, UH, NOT THAT FAR BACK.

UM, WOULD THERE BE, WOULD WOULD IN YOUR AMENDMENT, WOULD WE BE MAKING UP THAT HEIGHT UH, TOWARDS THE CENTER

[02:10:01]

OF THE SITE? YES.

UM, WITH ADDITIONAL HEIGHT BEYOND UH, 1 95? NO.

OKAY.

WOULD YOU BE OPEN TO THAT? I GUESS CAN I ASK THE APPLICANT TO COME? I FEEL LIKE THIS IS, WOULD BE RELEVANT TO THE CONVERSATION WE'RE HAVING RIGHT NOW, IF THAT'S OKAY.

UM, TO THE PERSON WHO'S, WHO ASKED IF, IF I'M KIDDING THEM.

NO.

OKAY.

SORRY MS. BOJO, COULD YOU SPEAK TO WHAT WE'RE LOOKING AT HERE AND HOW THAT MIGHT BALANCE OUT? THANK YOU.

UM, SO THE SITE IS ABOUT ROUGHLY 90 FEET OF FRONTAGE, SO THAT'S ABOUT A THIRD OF THE SITE.

SO I HAVEN'T DONE THE CALCS AND I'M NOT GOOD AT MATH, BUT I'M GONNA TELL YOU THAT I THINK WE'RE GONNA BE LOSING MORE THAN WE GAINED.

SO IF THAT'S THE CASE, WE'RE PROBABLY GONNA HAVE TO WITHDRAW THE APPLICATION 'CAUSE WE WOULD ACTUALLY BE LOSING ENTITLEMENT.

THANK YOU.

AND SORRY, JUST ALSO ADD A CLARIFICATION QUESTION.

IF WE WOULD, DID WANNA DO SOMETHING LIKE THIS TO SORT OF BALANCE THE KEEPING THE LOWER HEIGHT ON CONCORDIA, WE WOULD NEED TO ADD SOME ADDITIONAL HEIGHT ENTITLEMENTS AT THE BACK OR IN THE MIDDLE, IS THAT CORRECT? YES.

UM, ALSO WITH SUCH A SMALL SITE UNDER AN ACRE, I WOULD WANT TO MAKE SURE FROM A DESIGN PERSPECTIVE THAT WE CAN ACTUALLY DO THAT.

MAYBE THERE'S PEOPLE ON THE STATUS THAT KNOW THAT BETTER THAN I DO, BUT I, YOU KNOW, I'M NOT SURE THAT YOU CAN, LIKE WE NEED A CORE AND WE NEED IT TO FIT.

SO I DON'T EVEN KNOW OFF THE CUFF IF THAT WOULD BE A FUNCTIONAL PROJECT.

AND ALSO JUST ONE FINAL QUICK 'CAUSE YOU MENTIONED THIS, BUT I JUST REALLY WANNA CLARIFY.

YOU ALL ARE DOING A MODIFIED GREAT STREETS ON THE GROUND FLOOR.

SO THIS WILL HAVE A NEIGHBORHOOD FEEL AS YOU WALK DOWN THE STREET, EVEN THOUGH THE TALL, THE HEIGHT WILL BE TALLER, CORRECT? THAT'S RIGHT.

IT WILL HAVE GREAT STREETS ON CONCORDIA.

THAT IS REQUIRED BY THE PUT.

OKAY.

COMMISSIONER BARR RAMIREZ, DOES YOUR AMENDMENT STAND? MAY I ADD, MAY I ALSO ADD SOMETHING BEFORE? SURE WE DO WANT, WE ARE TALKING TO LAW RIGHT NOW AND SINCE THERE IS 160 FOOT FOOT ENTITLEMENT THERE, WE CAN'T REMOVE THAT ENTITLEMENT.

SO RIGHT NOW OKAY, THAT MAKES SENSE.

THAT PARCEL DOES ALLOW 160 FEET.

OKAY.

YEP.

SO WE WOULDN'T BE ABLE TO REMOVE WHAT IS ALREADY EXISTING.

OKAY, I CAN WITHDRAW MY AMENDMENT THEN.

OKAY.

BUT WE CAN RECOMMEND MORE, YOU KNOW, ADDITIONAL REVIEW IF WE NEED TO.

GOTCHA.

OKAY.

SO WE'RE BACK TO OUR BASE MOTION FOR STAFF RECOMMENDATION.

WE HAVE ONE MORE SPOT FOR AND SEVERAL SPOTS AGAINST.

WHO ELSE WOULD LIKE TO SPEAK TO THE MOTION OR AGAINST? AND I CAN'T SEE COMMISSIONER POWELL ON THE SCREEN, BUT FEEL FREE TO COME OFF MUTE IF YOU WOULD LIKE TO CHIME IN.

IT'S OKAY SEEING NO ONE.

LET'S GO AHEAD AND TAKE A VOTE.

THIS IS STAFF RECOMMENDATION FOR ITEM NINE.

THOSE IN FAVOR THOSE AGAINST.

OKAY.

AND NO ABSTENTIONS, SO THAT PASSES NINE.

SO I'M SORRY, TEN ONE.

THANK YOU SO MUCH TO ALL OF OUR SPEAKERS WHO ARE HERE ON THIS ITEM AND TO STAFF AND THE APPLICANT.

LET'S MOVE INTO OUR DISCUSSION

[10. Discussion and action to appoint a member to serve on the Codes and Ordinances Joint Committee. (Sponsored by Chair Woods and Commissioner Powell)]

AND ACTION ITEMS. ITEM 10 IS DISCUSSION AND ACTION TO APPOINT A MEMBER TO SERVE ON THE CODES AND ORDINANCES JOINT COMMITTEE.

UM, I AM GOING TO BE STEPPING OFF OF THIS COMMITTEE.

I'M HAVING A HARD TIME MAKING THOSE MEETINGS AND I UNDERSTAND THAT COMMISSIONER GANNON IS INTERESTED IN JOINING THAT COMMITTEE.

SO I'M GONNA GO AHEAD AND UH, NOMINATE COMMISSIONER GANNON TO JOIN THE CODES AND ORDINANCES JOINT COMMITTEE.

CAN I GET A SECOND FOR THAT NOMINATION? SECONDED BY VICE CHAIR HANEY.

UH, WITHOUT OBJECTION THAT ITEM PASSES AND COMMISSIONER GANNON WILL JOIN THE CODES AND ORDINANCES JOINT COMMITTEE AND I'LL STEP DOWN.

NEXT ITEM IS

[11. Discussion and action to appoint a member to serve on the Small Area Planning Joint Committee. (Sponsored by Chair Woods and Commissioner Powell)]

DISCUSSION ACTION TO APPOINT A MEMBER TO SERVE ON THE SMALL AREA PLANNING JOINT COMMITTEE.

THAT COMMITTEE CURRENTLY IS COMPRISED OF VICE CHAIR HANEY, COMMISSIONER RAMIREZ AND COMMISSIONER SKIDMORE.

COULD ONE OF YOU SPEAK A LITTLE BIT TO THE EFFORTS OF THAT COMMITTEE SO THAT WE CAN, UM, HELP OUR NEW COMMISSIONERS TO DECIDE WHETHER THEY MIGHT WANNA JOIN IT? WELL I'LL JUMP IN.

SO I MEAN IT IS THE JOINT COMMITTEE BETWEEN THE PLANNING COMMISSION AND ZAP TO UH, ADDRESS AS NECESSARY SMALL AREA PLANS RIGHT OF SO, YOU KNOW, I THINK IT IS, IT SEEMS LIKE THERE HAVE BEEN SOME SPECIFIC ACTIONS AROUND THOSE PLANS BUT THEY'RE RELATIVELY LIMITED MOVING FORWARD.

SO, UH, I THINK IT WOULD BE GOOD TO HAVE OUR FULL ROSTER ON THAT COMMITTEE JUST SO WE CAN ACCOMMODATE WHEN FOLKS ARE, UH, OUT OF TOWN OR OTHERWISE HAVE CONFLICTS ON THAT WEDNESDAY.

APPRECIATE THAT.

COMMISSIONER SKIDMORE, ARE THERE ANY COMMISSIONERS WHO ARE INTERESTED IN JOINING THE SMALL AREA PLANNING JOINT COMMITTEE? COMMISSIONER ROSN.

I WOULD LOVE TO NOMINATE YOU TO THE SMALL AREA PLANNING JOINT COMMITTEE.

CAN I GET A SECOND? SECONDED BY COMMISSIONER MAXWELL.

WITHOUT OBJECTION, THAT ITEM PASSES AND COMMISSIONER ROSN WILL JOIN THAT COMMITTEE.

THE NEXT ITEM IS DISCUSSION AND

[12. Discussion and action to establish a working group tasked with providing Budget Fiscal Year 26 27 recommendations. (Sponsored by Chair Woods and Secretary Maxwell) ]

ACTION.

TO ESTABLISH A WORKING GROUP WITH TASKED WITH PROVIDING BUDGET

[02:15:01]

FISCAL YEAR 26 27 RECOMMENDATIONS.

SO THIS WILL BE A WORKING GROUP THAT WILL WORK FROM NOW UNTIL OUR SECOND MEETING IN MARCH, UM, TO MAKE BUDGET RECOMMENDATIONS RELATED TO OUR WORK ON THE PLANNING COMMISSION.

ANYTHING TO ADD ON THAT? COMMISSIONER MAXWELL? WE WORKED ON THAT LAST YEAR.

I WAS JUST GONNA SAY, UM, I'VE DONE THIS LAST FEW YEARS WITH COMMISSIONER UH WOODS OR CHAIR WOODS AND IT'S BEEN REALLY INTERESTING.

THERE'S ALWAYS AN OPPORTUNITY TO PUT SOME GREAT IDEAS FROM PLANNING COMMISSION INTO OUR BUDGET RELATED TO HOUSING AND PLANNING AND OTHER ITEMS. SO I WOULD REALLY, IF SOMEONE IS INTERESTED IN POTENTIALLY GETTING ADDITIONAL RESOURCES FOR ALL OF THE WORK WE'RE DOING AND ALL OF THE WORK OUR STAFF DOES, I THINK IT'S A GREAT OPPORTUNITY TO DO THAT.

SO I'D HIGHLY RECOMMEND PARTICIPATING.

SO I THINK TWO TO FOUR MEMBERS ON THAT WORKING GROUP WOULD BE GREAT.

ANY INTEREST IN THAT KIND OF SHORT TERM PROJECT? YES.

COMMISSIONER AHMED.

THANK YOU.

OTHER COMMISSIONERS INTERESTED IN JOINING THAT BUDGET? WORKING GROUP.

COMMISSIONER BRETTON.

THANK YOU .

OTHER COMMISSIONERS? OKAY, SEEING NONE, I'LL GO AHEAD AND NOMINATE COMMISSIONERS AHMED AND BRETTON TO JOIN THE BUDGET WORKING GROUP.

CAN I GET A SECOND? SECONDED BY VICE CHAIR HANEY.

THANK YOU.

WITHOUT OBJECTION.

THAT ITEM PASSES.

ITEM 13 IS

[13. Discussion and action for Planning Commission to recommend that the Austin City Council adopts an ordinance: authorizing the use of an online message board for use of members of the Planning Commission; and providing resources, including staff, needed to establish and maintain the online message board and to monitor the message board for compliance with State law and City Code. (Sponsored by Secretary Maxwell and Chair Woods)]

DISCUSSION ACTION FOR PLANNING COMMISSION TO RECOMMEND THAT THE AUSTIN CITY COUNCIL ADOPTS AN ORDINANCE AUTHORIZING THE USE OF AN ONLINE MESSAGE BOARD FOR USE OF MEMBERS OF THE PLANNING COMMISSION AND PROVIDING RESOURCES INCLUDING STAFF NEEDED TO ESTABLISH AND MAINTAIN THE ONLINE MESSAGE BOARD AND TO MONITOR THE MESSAGE BOARD FOR COMPLIANCE WITH STATE LAW AND CITY CODE.

COMMISSIONER MAXWELL, WOULD YOU LIKE TO TELL US A LITTLE BIT MORE ABOUT THIS ITEM? UH, YES.

I THINK WE'VE MENTIONED THIS A COUPLE TIMES THAT WE WERE EXCITED TO, UM, THAT THE STATE LAW PASSED IN FACT SPONSORED BY OUR STATE SENATOR SENATOR ECKHART.

SO WE APPRECIATE HER COMMITMENT TO TRANSPARENCY AND GOVERNMENT AND GIVING TOOLS TO BOARDS AND COMMISSIONS LIKE THIS.

UM, WE THOUGHT IT WAS AN EXCELLENT ADDITION, PARTICULARLY IN LIGHT OF SOME ADDITIONAL WORK THAT WE MIGHT BE DOING THIS SPRING ON LAND USE AMENDMENTS, WHICH MAKE A MESSAGE BOARD REALLY, REALLY HELPFUL.

SO, UM, JUST TO BE ABLE TO COMMUNICATE WITH OUR FELLOW COMMISSIONERS IN A TRANSPARENT WAY THAT'S AVAILABLE TO THE PUBLIC FEELS LIKE A GREAT OPPORTUNITY FOR US TO BRING SOME NEW METHOD TO THE MADNESS.

UM, SO I WOULD BROUGHT THIS, UM, WITH CO-SPONSOR WITH, UH, COMMISSIONER BRE, UM, IAN AND WE WOULD BE DELIGHTED TO HAVE YOU ALL ADOPT IT.

ANY QUESTIONS ON THIS ITEM? OKAY.

SEEING NONE.

OH YES, GO AHEAD.

COMMISSIONER BRETON, DO WE HAVE AN IDEA OF HOW QUICKLY THIS MIGHT BE ABLE TO BE IMPLEMENTED AS I THINK IT'S VERY IMPORTANT .

UM, WE'LL BE ASKING CITY COUNCIL MEMBERS TO EXPEDITE THIS SO THAT WE CAN TALK TO EACH OTHER ELECTRONICALLY.

WONDERFUL.

THANK YOU FOR THAT INFORMATION.

, WOULD ANYONE LIKE TO MAKE A MOTION RELATED TO THIS ITEM? UM, I THINK WE'D LIKE TO MAKE A MOTION, UH, PER THE AGENDA ITEM AS OUTLINED FOR THE RESOURCES AND, UH, CREATION OF A ONLINE MESSAGE BOARD FOR THE AUSTIN PLANNING COMMISSION.

OKAY, GREAT.

I WILL SECOND THAT, UH, WITHOUT OBJECTION.

FEEL FREE TO WEIGH IN IF THERE IS OBJECTION.

UH, THAT ITEM PASSES.

OKAY.

LET'S MOVE ON TO OUR PERMANENT

[PERMANENT COMMITTEE UPDATES ]

COMMITTEE UPDATES.

SO WE HAVE CODES AND ORDINANCES, JOINT COMMITTEE.

SO VICE CHAIR HANEY, COMMISSIONER MAXWELL OR COMMISSIONER BARRER RAMIREZ COULD GIVE US AN UPDATE ON THAT.

UM, WE HAVE A MEETING UPCOMING NEXT WEEK, I BELIEVE.

SO WE CAN HAVE COMMISSIONER CANNON JOIN US.

THAT'D BE GREAT.

GREAT.

COMPREHENSIVE PLAN JOINT COMMITTEE COMMISSIONERS, BRETTON OR POWELL, NO UPDATE AT THIS TIME.

GREAT JOINT SUSTAINABILITY COMMITTEE.

COMMISSIONER HILLER, UH, THE JOINT SUSTAINABILITY COMMITTEE MET AND CREATE A WISHLIST OF ITEMS TO PUT FORTH IN A FUTURE BOND ELECTION.

WONDERFUL.

SMALL AREA PLANNING JOINT COMMITTEE, VICE CHAIR, HANEY COMMISSIONER BRE RAMIREZ OR COMMISSIONER SKIDMORE.

I DON'T THINK WE'VE MET IN A WHILE AND I DON'T KNOW THAT WE HAVE.

I THINK WE HAVE A MEETING TENTATIVELY SCHEDULED COMING UP IN MARCH.

YES, THAT, UH, WE WERE EMAILED ABOUT.

OKAY.

IF IT WOULD BE POSSIBLE TO GET COMMISSIONER ROSN, UH, THAT INFORMATION FOR THAT MEETING SO WE CAN PUT IT ON HIS CALENDAR, THAT'D BE WONDERFUL.

UH, SAME THING WITH THE CODES AND ORDINANCES.

JOINT COMMITTEE.

I THINK WE'LL HAVE TO EXCUSE ME, CHAIR.

I THINK WE'LL HAVE TO CHECK WITH STAFF BECAUSE IT'S A JOINT COMMITTEE.

I THINK THERE'S SOME OTHER STAFF PROCESS THAT HAS TO OCCUR BEFORE YOU CAN BE SEATED ON THAT JOINT COMMITTEE.

HE'LL HAVE TO GET SWORN IN FOR THAT COMMITTEE, BUT JUST TO HAVE IT OKAY.

ON THE CALENDAR WOULD BE GREAT.

SOUTH CENTRAL WATERFRONT ADVISORY BOARD COMMISSIONER BRETON, I THINK YOU ALL CAN GUESS WHICH ONE THIS IS GONNA BE.

WE WERE UNABLE TO MAKE QUORUM AND THIS LAST MEETING JUST BY ONE PERSON.

UM, WE ARE HOPING TO MEET NEXT WEEK AROUND THIS TIME.

ALL RIGHT, THANKS COMMISSIONER BRETON, ANY FUTURE AGENDA ITEMS FROM THE COMMISSION? OKAY, SEEING NONE, I WILL ADJOIN THIS MEETING OF THE PLANNING COMMISSION AT 8:20 PM THANK YOU ALL SO MUCH.