Feb 17, 2026 Zoning and Platting Commission

[CALL TO ORDER]

[00:00:03]

OKAY, I'M GONNA CALL TO ORDER THE REGULAR MEETING AND THE ZONING AND PLANNING COMMISSION.

IT IS TUESDAY, FEBRUARY 17TH AT SIX O'CLOCK.

WE ARE AT AUSTIN CITY HALL COUNCIL CHAMBERS, ROOM 1001.

UM, DO WE HAVE ANY PUBLIC SPEAKERS? NO CHAIR.

WE DO NOT.

OKAY.

UM, I'M START BY CALLING THE ROLE HANK SMITH.

CHAIR.

I'M PRESENT.

VICE CHAIR BETSY GREENBERG.

HERE.

SECRETARY RYAN ZUKI.

PRESENT.

PARLIAMENTARIAN ALEJANDRO FLORES.

PRESENT.

UH, LUIS OLUGO? NOPE.

UM, SCOTT BOONE.

OKAY.

COMMISSIONER DAVID FOUTS.

PRESENT.

COMMISSIONER LONI STERN.

YOUR HERE, WE BARELY HEARD YOU, BUT WE HEARD YOU.

UH, COMMISSIONER ANDREW CORTEZ.

PRESIDENT COMMISSIONER CHRISTIAN SHEEY.

PRESENT.

COMMISSIONER TAYLOR.

MAJOR TAYLOR MAJOR'S NOT HERE.

COMMISSIONER LUIS OLUGO PRESENT.

OKAY.

YOU MISSED IT THE FIRST TIME.

WE'RE GONNA DOCK YOUR PAY FOR NOT BEING HERE ON TIME.

AM GO FROM ZERO ZERO.

WE HAVE NO EXECUTIVE SESSION ITEMS. UH, WE HAVE NO GENERAL PUBLIC SPEAKERS.

UM, SO THE

[Consent Agenda]

APPROVE THE MINUTES OF THE ZONING AND PLANNING COMMISSION REGULAR MEETING OF TUESDAY, FEBRUARY 3RD.

DOES ANYBODY ON THE DIOCESE HAVE COMMENTS ON THE MINUTES HEARING DONE? THEY WILL STAY ON THE APPROVAL ON THE CONSENT AGENDA.

ITEM TWO

[2. Rezoning: C14-2025-0112 - Lagos Austin West FM 973 Mixed Use; District 1]

C 14 20 25 DASH ZERO 12 LOG AUSTIN WEST FM 9 73.

MIXED USE IS 11 7 16 AND HALF NORTH FM 9 73.

IT IS, UM, THE APPLICANT POSTPONE HIS REQUEST TO MARCH 17TH.

SO IT'S A REZONING CASE.

IRR TO G RM U, BUT THE APPLICANT IS REQUESTING A POSTPONEMENT TO MARCH 17TH.

[3. Rezoning: C14-2025-0089 - 1120 and 1122 S Capital of Texas Highway; District 8]

IT IS REQUESTED A NEIGHBORHOOD POSTPONEMENT AND THE APPLICANT'S IN AGREEMENT.

SO WE'RE POSTPONING THAT ONE TO APRIL 7TH.

ITEM

[4. Rezoning: C14-2025-0094 - 2117 W 49th St. and 4709 Rosedale Ave. Multifamily; District 7]

UM, THE LOCATION IS AT 2117 WEST 49TH STREET AND 49 0 7 ROSEDALE.

UM, IT IS A REZONING CASE FROM SF THREE TO MF SIX.

CEO IS RECOMMENDED BY STAFF AND WE'RE GOING TO HAVE A DISCUSSION ON THE POSTPONEMENT ITEM.

[5. Rezoning: C14-2025-0121 - 8901 E. U.S. 290 Highway; District 1]

EASTBOUND.

IT IS A CONSENT ITEM.

IT IS RE REQUESTED FROM GRCO FOR TRACK ONE AND LICO ON TRACK TWO TO LI ON TRACKS ONE AND TWO.

IT IS RECOMMENDED BY STAFF AND IS ON THE CONSENT AGENDA.

ITEM

[6. Conditional Use Permit: SPC-2025-0059C - Evelyn Park - Fishing Pond and Hike & Bike Trail; District 1]

IT IS A, UM, CONDITIONAL USE PERMIT AND IT IS RECOMMENDED BY STAFF AND ON THE CONSENT AGENDA.

SO THE CONSENT AGENDA AND SUMMARY IS GOING TO BE APPROVAL IN THE MINUTES.

ITEM TWO IS POSTPONED TO MARCH 17TH.

ITEM THREE IS POSTPONEMENT TO FOUR SEVEN.

ITEM FOUR IS A DISCUSSION ON THE POSTPONEMENT.

ITEM FIVE IS A CONSENT APPROVAL.

ITEM SIX IS A CONSENT APPROVAL.

DO I HEAR ANY DISCUSSION OR A MOTION ON THE CONSENT AGENDA? I MOVE TO APPROVE THE CONSENT AGENDA.

OH, WE HAVE, WE HAVE SPEAKER, OOPS, I'M SORRY.

SPEAKERS.

WE HAVE SPEAKERS.

YES.

SO FOR ITEM THREE, THIS IS NEIGHBOR POSTPONEMENT TO APRIL 7TH, WE HAVE THE APPLICANT.

LEAH BOJO, WHO'S JOINING US VIRTUALLY.

LEAH, YOU HAVE SIX MINUTES.

I CAN WAIVE MY TIME.

OKAY.

I CAN WAIVE MY TIME.

THANK YOU.

AND WE HAVE ASHLEY FISHER.

ASHLEY, YOU HAVE THREE MINUTES.

OKAY.

GOING ON TO THE NEXT ITEM.

WE HAVE ITEM FIVE IS FOR CONSENT.

WE HAVE THE APPLICANT, LEAH BOJO, WHO IS JOINING US VIRTUALLY.

LEAH, YOU HAVE SIX MINUTES.

LEAH, I CAN WASTE MY TIME.

OKAY.

.

AND THEN WE HAVE OUR NEXT SPEAKER, ASHLEY FISHER.

AND SHE WAIVES HER TIME.

OKAY.

THOSE ARE ALL SPEAKERS.

SO WE'VE HEARD FROM THE SPEAKERS, WE HAVE A MOTION TO APPROVE.

DO I HEAR A SECOND? SECOND.

OKAY.

ALL

[00:05:01]

IT IS UNANIMOUS.

OKAY, GOING BACK TO ITEM FOUR, REZONING CASE C 14 20 25 DASH 0 9 4 21 17 WEST 49TH STREET, AND 47 0 9 ROSEDALE AVENUE.

MULTIFAMILY PROJECT REZONING FROM SF THREE TO M MS SIX CO IS RECOMMENDED BY STAFF.

WE ARE ONLY DISCUSSING THE POSTPONEMENT AT THIS TIME.

SO, UM, IF YOU WILL LIMIT, WE HAVE SPEAKERS ON BOTH SIDES.

YOU'RE LIMITED TO THREE MINUTES.

YOU CANNOT DONATE TIME.

AND WE'RE ONLY GONNA HEAR TESTIMONY ON THE, ON THE POSTPONEMENT.

UM, WE CAN'T HEAR TESTIMONY ON THE MERITS OF THE CASE ON THE LAWSUIT INVOLVING THE RESTRICTIVE COVENANT ON THE LEGAL LOT STATUS OF THE PROPERTY BECAUSE THOSE ARE ITEMS THAT ARE OUTSIDE OF THE POSTPONEMENT AND NOT NECESSARILY THINGS IN OUR PURVIEW.

SO THE ONLY DISCUSSION WE'LL ENTERTAIN IS ITEMS ON THE POSTPONEMENT.

SO STAFF GONNA GO FIRST.

IT'S A POSTPONEMENT.

SO IT'S A POSTPONEMENT.

WE'RE JUST GOING TO GO FOR IT.

YES.

CALL PEOPLE UP.

AND SO ITEM ON FOR DISCUSSION POSTPONEMENT.

OUR FIRST SPEAKER IN FAVOR OF THE POSTPONEMENT IS DANIEL RAY.

DANIEL, YOU HAVE THREE MINUTES.

QUICK QUESTION, CHAIR.

YES.

IS THIS STAFF RECOMMENDATION A RECOMMENDATION ON THE POSTPONEMENT THAT THE STAFF IS RECOMMENDING TO POSTPONE? NO STAFF IS RECOMMENDING SF THREE TO MF SIX CO.

OKAY, PERFECT.

TO MAKING SURE.

YES, GO AHEAD.

UH, DANIEL RAY, 47 0 1 RAMSEY AVE, 150 FEET FROM THE SUBJECT PROPERTY WHEN IT COMES TO REZONING APPLICATIONS, THIS ONE IS A BRIGHT GREEN BANANA.

IT IS UTTERLY UNRIPE.

UH, IT'S CLEAR WHAT THE DISTRICT WANTS.

IT'S REQUEST FOR DEVELOPMENT PROPOSALS, SAID A ISD IS PRIORITIZING MAXIMUM REVENUE IN THE SHORTEST TIMEFRAME THAT RUSH MADE FOR A BAD REZONING APPLICATION.

AND I'M ASKING YOU TO POSTPONE IT FOR THESE REASONS.

FIRST, THE APPLICANT DOES NOT HAVE CLEAR TITLE TO THE LAND THAT IT SEEKS TO REZONE.

MY COLLEAGUE CHRIS ALLEN, WILL TALK ABOUT THAT MORE IN A MOMENT.

SECOND, IT IS SUBJECT TO A LAWSUIT THAT WILL IMPACT THE FINAL USE OF THIS LAND.

I'M NOT ASKING, I, I'D ASK YOU NOT TO PUT YOUR THUMB ON THE SCALE AND FAVOR ONE PARTY IN AN ONGOING DISPUTE.

NOW THE NEIGHBORHOOD IS EAGER TO ENGAGE IN DISCUSSION ONCE PROPERTY RIGHTS ARE DETERMINED.

THE CITY COUNCIL MEMBER FOR THIS PROPERTY, MIKE SIEGEL, SUPPORTS A DELAY UNTIL THE LEGAL DUST SETTLES.

UNTIL THEN, THIS ACTION WASTES CITY TIME AND RESOURCES.

THIRD, IT'S BASED ON A REALLY SLAP DASH TRAFFIC IMPACT STUDY.

ITS MOST OBVIOUS ISSUE.

IT LISTS THE PROPERTY NOT AS VACANT, BUT AS AN ADMINISTRATIVE OFFICE GENERATING 500 VEHICLE TRIPS PER DAY.

THESE GHOST CARS DON'T EXIST EXCEPT ON PAPER.

CONVENIENTLY.

THIS GHOST CAR MAGIC MAP IS JUST ENOUGH TO ALLOW THE NARROW SURROUNDING ROADS TO REMAIN CLASSIFIED AS UNDER CAPACITY.

FOURTH, THE CITY STAFF SAYS THAT THIS IS APPROPRIATE BECAUSE IT TRANSITIONS FROM LOW DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL.

BUT IT'S NOT A GENTLY SLOPING HILL GOING FROM LOW TO HIGH.

IT'S A CLIFF.

NOW YOU CAN MERGE ONTO MOPAC BY SLOWLY INCREASING SPEED OR YOU CAN CLOSE YOUR EYES, STOMP ON THE GAS AND HOPE NOTHING CRASHES.

THIS IS A STOMP ON THE GAS TRANSITION AND SOMETHING THE ROADS, THE ELECTRIC GRID AND THE WATER SYSTEM IS GONNA CRASH.

AND FINALLY, THIS ACTION IS ONE STEP TOWARD PRIVATIZING A COMMUNITY ASSET.

A GREAT CITY FOSTERS PLACES FOR PEOPLE TO CONNECT.

YOU ALREADY HAVE THAT HERE.

THIS IS WHERE GENERATIONS OF CHILDREN CRACKED OPEN BOOKS.

ADULTS CAST VOTES IN THE MEMORIAL GARDEN.

PARENTS SHED TEARS EVEN TODAY.

IT REMAINS PART OF THE CITY'S CONNECTIVE TISSUE.

IT'S WHERE MY DOG MAISIE HAS MADE MOST OF HER FRIENDS.

I'VE MADE A FEW TOO, SO DON'T RUSH TO THROW THAT AWAY.

URBAN SPACES BECOME GREAT.

CITIES BECOME GREAT WHEN THEY PROVIDE SPACES FOR HUMAN CONNECTION, NOT SEPARATION.

BEHIND 75 FOOT WALLS, ROSEDALE ISS, THE FIRST OF 10 PARCELS, THE SCHOOL BOARD INTENDS TO SELL.

AND WHAT YOU DO HERE WILL SET A PRECEDENT.

SO I ASK YOU TO TAKE A BREATH, DO IT RIGHT AND DELAY THIS REZONING.

THANK YOU.

THANK YOU, THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS CHRIS ALLEN.

CHRIS, YOU HAVE THREE MINUTES.

AND AGAIN, WE'RE ONLY TALKING ABOUT THE POSTPONEMENT.

UH, WE CAN'T GET INTO THE RESTRICTIVE COVENANT, THE LAWSUIT, THE TITLE OF THE PROPERTY OR THE MERITS OF THE CASE.

THIS IS JUST ABOUT THE

[00:10:01]

THANK YOU.

GO AHEAD WAITING FOR SLIDES.

SURE.

THANK YOU.

GOOD EVENING CHAIR MEMBERS OF THE COMMISSION.

MY NAME IS CHRIS ALLEN.

I'VE HELPED ROSEDALE PARTNER WITH DEVELOPERS FOR THREE DECADES TO DELIVER WIN-WIN OUTCOMES FOR LAND USE FROM THE CENTRAL PARK, PUD TRIANGLE, PUD SEAT, AND PUD AND MANY OTHERS TO THE FIVE STORY OVETA ROSEDALE.

NOW UNDER CONSTRUCTION ON MEDICAL PARKWAY, THE OVETA 70 DEEPLY AFFORDABLE UNITS CAME TO THIS BOARD WITH ROSE'S FULL SUPPORT.

WE'VE HAD NO SUCH COLLABORATION WITH O HT AND A ISD.

AT OUR FIRST MEETING WITH THEM IN OCTOBER, THEY HAD TWO ANNOUNCEMENTS.

ONE, THEY HAD ALREADY FILED A ZONING APPLICATION, SORRY, THERE'S THE OVETA.

THEY HAD ALREADY FILED A ZONING APPLICATION BEFORE MEETING WITH US.

TWO, THEY WERE FILING A LAWSUIT AGAINST 125 ROSEDALE NEIGHBORS.

JUST A SMALL NUMBER OF THOSE PEOPLE ARE HERE TONIGHT.

THEY DIDN'T ASK FOR OUR INPUT OR OUR PARTICIPATION IN THEIR PROCESS.

THEY JUST LAUNCHED AN ALL OUT ASSAULT ON OUR NEIGHBORHOOD THAT WILL EVENTUALLY SPREAD CITYWIDE.

WE NEED YOUR HELP TO STOP THIS CONFLICT AND ASK YOU TO POSTPONE IT INDEFINITELY IN A NORMAL DEVELOPMENT PROCESS.

THERE ARE DOZENS OF ISSUES THAT WE'D WANNA WORK WITH WITH OHT, BUT THE LAWSUIT HAS STOPPED THAT COLD GIVEN TIME.

WE'D WANT TO GET MORE ANSWERS ABOUT QUESTIONABLE TRAFFIC STUDIES, THE TOTAL LACK OF AFFORDABLE HOUSING PROMISES OF INTERSECTION IMPROVEMENTS THAT REQUIRE OTHER PEOPLE'S LAND DETENTION TO RUNOFF ADJACENT TO A CREEK THAT KILLED THREE PEOPLE IN JUST THE LAST YEAR.

MANY OTHER ISSUES SO FAR.

WE'VE BEEN TOLD WE'RE STUCK WITH THIS MESS AND WE CAN'T CHANGE A THING ABOUT IT.

LET'S ZOOM OUT AND TALK ABOUT BIGGER ISSUES WITH THIS CASE.

YOU MAY BE CONCERNED THAT DELAYING THIS PROCESS WILL KEEP A ISD FROM GETTING THEIR MONEY.

$26 MILLION.

OHT HASN'T PAID FOR THE LAND AND WON'T UNTIL AD'S LAWSUIT HAS RUN ITS COURT.

A ISD KNOWS THIS IS GOING TO TAKE A VERY LONG TIME.

THEY HAVEN'T EVEN SERVED ALL THE DEFENDANTS YET.

LAST THURSDAY, THE A ISD BOARD QUIETLY MOVED THE REVENUE FROM THIS LAND SALE TO THEIR 2020, FROM THEIR 2026 BUDGET TO THEIR 2027 BUDGET.

THEY DON'T EXPECT A PENNY OF THIS MONEY UNTIL AFTER JULY OF 2027.

THAT GIVES US TIME MORE SIGNIFICANTLY.

THE APPLICANT WAS REQUIRED TO SUBMIT A DEED PACKAGE TO THE CITY WITH THEIR ZONING APPLICATION.

THAT PACKAGE IS INCOMPLETE, INCOMPLETE AND MISLEADING FOR SEVERAL YEARS.

WHILE WE WORKED WITH A ISD ON AFFORDABLE HOUSING SCHEMES FOR TEACHERS ON THIS SITE, A ISD LEADERS REPEATEDLY MISLED THE COMMUNITY.

WHEN ASKED ABOUT THE DEED RESTRICTIONS FOR THE PROPERTY, THE ACTUAL DOCUMENTS WERE ONLY DISCOVERED BECAUSE OF ISIS'S ILL-ADVISED LAWSUIT.

UPON STUDYING THEM, A DEFECT IN THE TITLE BECAME IMMEDIATELY APPARENT.

IT IS NOW A MATTER OF RECORD THAT A ISD DOES NOT HAVE CLEAR TITLE TO A SIGNIFICANT PORTION OF THIS SITE.

THE ZONING APPLICATION IS INVALID AND YOU SHOULDN'T BE HEARING THIS CASE UNTIL A JUDGE DETERMINES WHO ACTUALLY OWNS THE PROPERTY.

WE'RE HERE TONIGHT TALKING ABOUT A POSTPONEMENT OF THE CASE, BUT WHAT REALLY NEEDS TO HAPPEN IS THAT STAFF NEEDS TO, SORRY, UH, NEEDS TO INVALIDATE THE APPLICATION AND REJECT THE ZONING CASE UNTIL A ISD CAN PROVE CLEAR TITLE TO THE PROPERTY.

HELP US PUT A STOP TO THIS INSANITY AND POSTPONE THIS MESS INDEFINITELY UNTIL THE COURTS SORT IT OUT OR A ISD COMES TO ITS SENSES.

THANKS SO MUCH.

THANK YOU.

YEAH, THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS AARON VON LANTERN, WHO IS GOING TO BE JOINING US VIRTUALLY.

AARON, YOU HAVE THREE MINUTES.

OKAY.

UM, WE DON'T SEE HIM, BUT IF HE HOPS ON, WE'RE GOING.

WE WILL COME BACK TO HIM.

OUR NEXT SPEAKER IS CHUCK MANN.

CHUCK, YOU'LL HAVE THREE MINUTES.

AND AGAIN, WE CANNOT TAKE IN ANYTHING TO DO WITH THE LAWSUIT FOR THE LEGAL STATUS OF THE PROPERTY.

THOSE ARE OUTSIDE OF OUR BOUNDARIES.

SO THIS IS JUST ON THE MERIT, ON THE, UH, POSTPONEMENT, NOT ON THE MERITS OF THE CASE OR ANYTHING ELSE.

I'M NOT SURE WHERE TO START.

I WAS, I HAD ASSUMED BY THE TIME I GOT HERE IT WOULD'VE BEEN POSTPONED.

UM, I GUESS I HAD MY TIME, MY TIMEFRAME WRONG.

IF WE HAVE A, LET ME, LET ME STOP THE CLOCK REAL QUICK.

LET'S KIND OF LET YOU KNOW WHAT'S GOING ON.

IF WE DON'T GO TO A POSTPONEMENT, THEN WE'LL HEAR THE MERIT OF THE CASE AND EVERYTHING ELSE.

OH, BUT ALLS WE'RE TALKING ABOUT RIGHT NOW IS DO WE POSTPONE IT OR NOT? AND SO WE'RE NOT HEARING THE MERIT OF THE CASE.

WE'RE NOT TALKING ABOUT THE LAWSUIT, WE'RE NOT TALKING ABOUT ANYTHING OTHER THAN THE POSTPONEMENT ITEMS HERE.

IF WE GO CASE, WE'LL HEAR ALL THE OTHER STUFF, BUT RIGHT NOW IT'S JUST THREE MINUTES.

I HAVE NOT TOUCHED YOUR THREE MINUTES .

OKAY.

SO I WILL PICK UP WHEN YOU'RE HEARING THE MERIT MERITS OF THE CASE IF YOU'RE HEARING THE MERITS.

OKAY.

OKAY.

PERFECT.

THANK YOU.

OUR NEXT OUR NEXT SPEAKER IS KATHY FRETWELL.

KATHY, YOU'LL HAVE THREE MINUTES.

ARE THESE SPEAKERS OPPOSED? YES.

I THINK WE HAVE AN UNDERSTANDING THAT THERE WOULD ONLY BE THREE SPEAKERS ON THE POSTPONEMENT.

YES.

IS

[00:15:01]

SO HOPEFULLY HE'LL CONNECT, BUT MAYBE IN THE MEANTIME WE SHOULD HEAR, IS THERE A NUMBER YOU CALL? I, UM, AS WE'RE GETTING THAT SITUATED, WE'LL GO TO OUR NEXT SPEAKER.

CHRISTOPHER COLVIN.

CHRISTOPHER, YOU HAVE THREE MINUTES.

ARE WE GONNA SKIP KATHY FRETWELL? YEAH.

OKAY.

MINE WAS THE GIFT THE CASE, SO IT'S NOT RELEVANT.

THANK YOU.

KATHY.

I THOUGHT I HEARD MY NAME.

YES SIR.

BUT AREN'T WE HEARING NOW WE'RE WAITING ON THE ONE SPEAKER? 'CAUSE WE WERE ONLY GONNA HAVE THREE SPEAKERS SO THEY CAN HAVE AS MANY AS THEY WANT.

YEAH.

IF THERE'S AN INFORMAL AGREEMENT TO DO THREE, THAT'S BETWEEN THEM.

OKAY.

WE'RE NOT GONNA LIMIT THEM TO THREE.

MM-HMM .

GOT IT.

I CAN'T LIMIT THEM TO THREE.

SO CHRIS, IF YOU HAVE ANY NOTES ON MOMENT, SO YOU'RE THREE MINUTES SWITCH HERE OR YOU'LL TAKE CARE OF THE BUTTONS.

RIGHT.

OKAY.

MY NAME IS CHRISTOPHER COLVIN.

I'M A LONG TIME SCHOOL TEACHER.

I WAS SECRETARY OF THE MORNINGSIDE RIDGE TOP NEIGHBORHOOD ASSOCIATION FOR ITS FIRST SEVEN YEARS.

I KNOW SOMETHING ABOUT DEALING WITH CITIES AND PROJECTS AND SURPRISES.

THE DAY LABOR SITE I WAS DEEPLY INVOLVED WITH.

AND I'D WANT TO REITERATE THE POINT.

WHEN THINGS LIKE THIS HAPPEN, THERE'S USUALLY A DISCUSSION AMONG ALL THE PARTIES INVOLVED.

AND I WANNA THANK YOU FOR YOUR PART.

UM, AS MY COLLEAGUE POINTED OUT EARLIER, THERE HASN'T BEEN THAT DISCUSSION.

I FOUND OUT ABOUT A ISD 'CAUSE I GET SUED.

SOME GUY COMES UP THE DRIVEWAY, I FIND OUT ABOUT THIS BECAUSE SOME PEOPLE ARE ORGANIZED ENOUGH, THE NEIGHBORHOOD TO BE AWARE OF IT.

BUT IT PASSED ME BY.

UM, I GO TO AN OST TRAFFIC MEETING AND I HEAR ABOUT GHOST CARS.

I HEAR ABOUT DEVELOPMENTS THEY CANNOT NAME.

SO I FEEL THERE'S A CONVERSATION MISSING HERE.

AND SO I WANT TO STAY IN YOUR FOCUS.

WE NEED A POSTPONEMENT BECAUSE WE KNOW THAT THESE THINGS WORK WHEN THEY'RE MULTI-SIDED CONVERSATIONS.

THE FACT THAT THERE HASN'T BEEN ANY MAKES IT SOUND LIKE A SMASH AND GRAB.

AND WE KNOW THAT THAT'S A REALLY BAD WAY OF GOING ABOUT DOING COMMUNAL CHANGES IN OUR NEIGHBORHOODS THAT MAKE THE CITY SO LIVABLE.

SO THANK YOU FOR YOUR TIME AND PLEASE DO POSTPONE IT.

OKAY.

SO OUR NEXT SPEAKER IS JOHN FRED.

WELL, JOHN, YOU HAVE THREE MINUTES.

UH, I WAS GONNA DONATE TO, BUT AGAIN, IT WAS FOUR MM-HMM .

DISCUSSION.

SURE.

OUR NEXT SPEAKER IS JAMES CUNNINGHAM.

JAMES, YOU HAVE THREE MINUTES.

THANKS FOR MAKING TIME.

I THINK I'LL CUT THIS SHORT.

PLEASE TURN ON THE AUDIO.

MICRO, SIR.

MICROPHONE.

HERE WE GO.

THERE WE GO.

AGAIN.

UH, THANKS FOR MAKING TIME FOR US.

I'LL THINK I CAN CUT THIS FAIRLY SHORT.

I'LL SAY THAT AS A LOCAL RESIDENT, WE'VE SUPPORTED ROSEDALE ELEMENTARY FOR DECADES.

NOT ONLY SENDING OUR CHILDREN THERE, BUT ALSO WORKING AS VOLUNTEERS.

WE UNDERSTAND THE BOND THAT THE SCHOOL DISTRICT IS IN AND SUPPORTED THEIR EFFORTS TO LOOK AT BUILDING AFFORDABLE HOUSING FOR EDUCATORS.

A PLAN THAT THEY CAME TO US WITH SEVERAL TIMES OVER A COUPLE OF YEAR TIME SPAN.

WE ALSO SUPPORTED ANOTHER EFFORT TO, FOR AFFORDABLE HOUSING, WHICH I BELIEVE IS PUTTING IN ABOUT 80 AFFORDABLE HOUSING UNITS ON MEDICAL ARTS PARKWAY.

WE HOPE THAT WE CAN AGAIN, WORK TO FIND A SOLUTION THAT LOOKS TO BE APPROPRIATE FOR THE NEIGHBORHOOD RATHER THAN A LUXURY HOUSING GIFT TO A DEVELOPER WHO CLEARLY HAS ACTED IN BAD FAITH.

THANK YOU.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS MATTHEW.

STAN.

MATTHEW, YOU HAVE THREE MINUTES.

OKAY.

OUR NEXT SPEAKER IS SCOTT MORLEY.

SCOTT, YOU HAVE THREE MINUTES.

GOOD EVENING, SCOTT MORLEY.

UM, I CAME ALSO TO SPEAK ON THE MERITS, BUT, BUT MY, MY PRESENTATION ON THE MERITS RELATED TO A SOLID REASON FOR POSTPONEMENT, WHICH WAS, UH, THE TRAFFIC STUDY FOR THE NEIGHBORHOOD.

[00:20:01]

I'VE RECENTLY RETIRED FROM 40 YEARS IN REAL ESTATE DEVELOPMENT HERE IN AUSTIN.

UM, I'VE PROBABLY LOOKED AT 50 OR MORE OF THESE.

UM, THIS ONE UNFORTUNATELY HAS SOME FUNDAMENTAL FLAWS IN THE DATA THAT WENT INTO THE REPORT.

UM, IT STARTS WITH THE MEASUREMENT POINT.

IF YOU SEE ON THERE WHERE IT SAYS POINT ON 49TH STREET TRAFFIC COUNT IMMEDIATELY ADJACENT TO THE SITE.

UM, ANYBODY WHO LIVES IN ROSEDALE KNOWS THAT THAT SECTION OF THE ROAD IS A NEAR GHOST TOWN.

THE STOPLIGHT THERE AT 49TH AND BURNETT ROAD, UH, TWO LANES, NO LEFT TURN.

IT'S ALMOST IMPOSSIBLE TO MOVE A CAR THROUGH THAT INTERSECTION.

SO IF YOU SEE THE FLOW OF YELLOW THAT I HAVE ON THERE, THAT'S THE GENERAL FLOW THAT GOES TO THE STOPLIGHT ON HANCOCK, WHICH HAS A LEFT TURN LANE.

UM, SO THERE'S ALL KINDS OF DIFFERENT POINTS TO THIS THAT I THINK WE CAN GET INTO, UH, AT A LATER DATE.

BUT MY, MY BIGGEST POINT WAS THAT I THINK STAFF HAS GIVEN A RECOMMENDATION FOR THIS PROJECT BASED ON THE INFORMATION THAT THEY'VE GOTTEN.

UH, THIS IS SO FUNDAMENTALLY FLAWED IN TERMS OF WHAT THESE 1400 CARS PER DAY WILL DO TO THE NEIGHBORHOOD THAT I DON'T THINK THERE'S ANY WAY AROUND THIS WITHOUT POSTPONING GETTING BETTER DATA AND BETTER INFORMATION THAT WE CAN ALL MAKE A DECISION ON.

AND THAT INCLUDES THE DEVELOPER AT OUR MEETING LAST WEEK.

THEY COULDN'T EVEN TELL US HOW MANY CARS THEY WERE GONNA PARK IN THEIR BUILDING.

WE UNDERSTAND IT'S NOT AN ORDINANCE TO HAVE TO PARK CARS, BUT IT SURE DOES MAKE A DIFFERENCE IN TERMS OF THE NUMBER OF, UH, VEHICLES THAT ARE GONNA BE ON THE ROADWAY PARKED.

THANK YOU.

OKAY.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS KENDALL MOR.

KENDALL.

YOU THANK YOU.

OUR NEXT SPEAKER IS AARON PERMAN.

AARON, YOU HAVE THREE MINUTES.

HI THERE.

THANKS FOR YOUR TIME.

UH, I'LL BE QUICK.

I JUST WOULD LIKE TO, YOU KNOW, ARGUE FOR A POSTPONEMENT.

I THINK WE'VE ALL HEARD HOW FLAWED THIS TRAFFIC STUDY IS THERE.

I LIVE, YOU KNOW, HALF A BLOCK AWAY FROM THE SCHOOL DOWN LINWOOD STREET.

I WALK MY TWO AND A HALF YEAR OLD DAUGHTER UP AND DOWN THE STREET, AND I'M TEACHING HOW TO RIDE A BICYCLE ON THAT STREET.

AND TO SAY THAT THERE'S CURRENTLY 500 CARS COMING IN OUTTA ROSEDALE SCHOOL, WHICH IS OCCASIONALLY USED FOR POLICE TRAINING, LIKE IS, IS JUST TOTALLY INACCURATE.

AND SO I THINK THAT THIS CASE NEEDS TO BE POSTPONED WHILE THE DATA, UH, THAT YOU ARE LOOKING AT BECOME, YOU KNOW, CAN BE REDONE AND BECOME ACCURATE.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

WE'RE GONNA GO BACK TO AARON VON LANTERN 'CAUSE HE'S ON THE LINE.

UM, AARON, YOU HAVE THREE MINUTES.

I THANK YOU.

UM, AND I APOLOGIZE FOR, FOR BEING IN UNIFORM HERE AS A LAWYER.

UH, I'M, MY NAME IS ERIN VON FLYNN.

I'M ONE OF THE FOUNDERS OF FEF LAW.

WE HAVE OUR BUILDING BEING CONSTRUCTED ON THE CORNER OF 49TH AND BURNETT.

UM, I'VE HEARD SOME OF THE OTHER SPEAKERS THAT COMPLETELY AGREE THE TRAFFIC STUDY IS FLAWED.

UM, AND I ALSO THINK THAT THERE HASN'T BEEN A LOT OF THOUGHT GIVEN TO WHAT, WHAT THAT WILL MEAN FOR US.

AND I, AND I DON'T EXPECT Y'ALL TO THINK ABOUT US, BUT, YOU KNOW, WE ARE A LOCAL LAW FIRM FOUNDED BY BORN IN AUSTIN, FOLKS WHO HAVE DEDICATED OUR LIVES TO THIS CITY.

AND WE THINK OUR PARKING LOT WILL BE SHAVED OFF TO MAKE THIS INTERSECTION WORKABLE.

EVEN IF IT, IF YOU CAN TOLERATE ALL THIS TRAFFIC IN OUR NEIGHBORHOOD AND I LIVE IN THIS NEIGHBORHOOD, UM, YOU'RE GONNA HAVE TO TAKE OUR PARKING LOT, WHICH IS GONNA BE EXTREMELY LITIGIOUS.

OF COURSE, WE'RE LAWYERS.

UM, AND IT'S GONNA BE EXTREMELY EXPENSIVE BECAUSE TO US IT MAKES OUR OUR BUILDING USELESS.

UM, AND SO WE HAVE EXTREME CONCERNS ABOUT THAT.

UM, SO I'LL ECHO WHAT EVERYONE ELSE HAS SAID ABOUT LET'S POSTPONE THIS HEARING WHILE WE LOOK AT THAT DATA, LOOK ABOUT, LOOK AT WHETHER THE ONLY STOPLIGHT, STOPLIGHT CONTROLLED OUTLET TO THIS NEIGHBORHOOD, UM, IS GONNA BE OVERTAXED.

ALSO, I WANTED TO SPEAK TO THE COMMISSION.

UM, I KNOW THAT Y'ALL LIKE TO STAY IN YOUR LANE.

THAT MAKES PERFECT SENSE TO ME.

I KNOW YOU DON'T WANT TO GO OUTSIDE OF YOUR PURVIEW AND OUTSIDE OF YOUR SCOPE.

LOOKING AT THIS LAWSUIT WITH A ISD, MY POINT IS IF THAT'S TRUE, THEN DON'T, DON'T AFFECT IT.

DON'T, UH, PUT OFF THIS HEARING AS LONG AS YOU CAN TO GIVE THE TRAVIS COUNTY JUDGES A CHANCE TO LOOK ATIS D'S CLAIMS IN THAT LAWSUIT.

AND DON'T SEND A MESSAGE TO THE TRAVIS COUNTY DISTRICT COURT THAT THE CITY'S WILL, AND THEREFORE THE WILL OF THE PEOPLE, IS THAT WE ACCEPT THIS ULTRA HIGH DENSITY DEVELOPMENT INSIDE OF OUR NEIGHBORHOOD.

UM, IF, IF YOU WANT TO BE INSIDE OF YOUR LANE, THEN JUST STAY SILENT AS LONG AS YOU CAN, WHICH MEANS POSTPONE THIS HEARING.

THAT'S ALL.

THANK YOU.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS CAROL WAGNER.

CAROL, YOU HAVE THREE MINUTES.

I DEDICATED MY CLIENT TO KATHY

[00:25:01]

YES.

AND THAT WAS, THAT WAS FOR THE ACTUAL CASE.

OKAY.

UM, GOING ON, WE HAVE OUR NEXT SPEAKER, ADAM NIK.

ADAM, YOU HAVE THREE MINUTES.

THANK YOU.

UH, I'M ADAM HOO NECK.

EXCUSE ME.

I LIVE AT 45 18 SINCLAIR THE CORNER OF 46TH.

I DON'T KNOW IF I CAN RESERVE SOME OF MY TIME TO SPEAK TO THE MERITS, IF THAT BECOMES NECESSARY.

IT'LL BE A WHOLE SEPARATE HEARING.

OKAY.

WE'LL START THE WHOLE PROCESS OVER AGAIN.

UH, WITH RESPECT TO POSTPONEMENT, I THINK THE ONLY THINGS THAT I'D LIKE TO ADD TO THE CONVERSATION THAT'S BEEN HAD IS I'VE COME TO SOME OF THESE SITTING HEARINGS BEFORE I'VE COME TO MANY OF THE MEETINGS RELATED TO, TO THIS ISSUE.

MY UNDERSTANDING OF THE WAY THE CITY TYPICALLY LIKES TO WORK IS BY ENCOURAGING COMMUNICATION AND CONSENSUS AMONG PARTIES.

UM, I WAS HERE FOR SOME OF THE SINGLE, SINGLE STAIR HEARINGS.

I, I'VE, I'VE HEARD OVER AND OVER ARE THE PARTIES TALKING TO EACH OTHER? UM, A POSTPONEMENT AT A MINIMUM WILL PROVIDE AN OPPORTUNITY, I HOPE, FOR SOME DEGREE OF COMMUNICATION THAT HAS BEEN LACKING THUS FAR.

UM, AS MANY PEOPLE HAVE ALREADY SAID, WE LEARNED ABOUT THIS IN OCTOBER AS SORT OF A FADE OF COMPLETE.

THIS WAS A DECISION ALREADY MADE.

I, I LEARNED TODAY THAT IN THE, UH, ORIGINAL, UH, UH, PROPOSAL SUBMITTED TO A-I-S-D-O-H-C, THE DEVELOPER SPOKE TO THEIR TRACK RECORD OF HAVING NEIGHBORHOOD SUPPORT FOR THEIR PROJECTS IN THE AREA.

UM, THERE'S BEEN NO PROCESS HERE THAT, THAT HAS DONE ANYTHING TO TRY TO GAIN NEIGHBORHOOD SUPPORT.

IN FACT, WE DON'T REALLY HAVE ANY INFORMATION STILL ABOUT WHAT THEY'RE PROPOSING TO DO.

SO WITH RESPECT TO THE POSTPONEMENT, MY HOPE IS THAT ALLOWING A LITTLE BIT MORE TIME WILL ALLOW SOME CONSENSUS BUILDING, ALLOW SOME COMMUNICATION THAT HAS NOT HAPPENED TO DATE.

UM, THERE'S CERTAINLY A LOT MORE TO BE SAID, AND THAT HAS BEEN SAID AND WILL BE SAID ABOUT THE PROJECT ITSELF.

BUT CERTAINLY AS A PROCESS MATTER, WE WOULD HOPE THERE WOULD BE COMMUNICATION AT THE, THAT THE NEIGHBORHOOD WOULD BE MADE PART OF THE PROCESS, BOTH BY A ISD AS IT AS IT HAS DONE IN THE PAST, BUT NOT WITH THIS PARTICULAR PROPOSAL AND, AND CERTAINLY BY THE DEVELOPER.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

OUR NEXT SPEAKER IS SUZANNE RICHARDSON.

SUZANNE, YOU HAVE THREE MINUTES MARK.

ARE WE ALL GOOD ON OUR SIDE? YEAH.

YEAH.

DOES ANYONE WANNA SPEAK? ANYBODY HAVE ANYTHING SUPER IMPORTANT TO ADD ABOUT POSTPONEMENT? OKAY, WE'RE GOOD CHAIR.

YEAH.

OKAY.

I'M GOOD WITH THAT.

OKAY.

YOU NEED TO CALL OUR NAMES INTO THE RECORD ANYWAY.

YEAH, JUST, JUST GO AHEAD AND CALL THE NAMES INTO THE RECORD JUST TO MAKE SURE WE DON'T JUST, LEMME JUST, IF YOU DON'T WANNA SPEAK, JUST SPEAK YOUR NAME.

GO AHEAD LAURA.

ALL .

MARIA NAVARRO, MICHAEL ALLEY, , NATALIE RELEY.

I'LL SPEAK TO DAVID KRAMER.

SUSAN WALSH, DEBRA ANO, BRAD HEIN, BRIAN CASH.

SUSAN SCHIFFRIN.

I DONATED CARL REYNOLDS.

KATHLEEN HARRINGTON, I'VE DONE IN MY TIME TO CHRIS ALLEN AND CHRISTINA SING.

AND SO, WELL NOW WE'RE GONNA GO AHEAD AND SWITCH OVER, UM, TO THOSE IN OPPOSITION OF THE POSTPONEMENT.

AND WE HAVE THE APP.

WE HAVE DAVID HARTMAN.

OKAY.

UM, I'M SORRY, I JUST WANNA MAKE SURE, UM, CHRISTINA'S SAYING SHE HOPPED ON.

CHRISTINA, DO YOU HAVE ANYTHING YOU WOULD LIKE TO SAY REGARDING THE POSTPONEMENT? CAN YOU HEAR US, CHRISTINA? OKAY.

IF SHE COMES BACK AROUND, SHE SAYS ANYTHING, THEN WE'LL COME BACK TO HER.

HELLO? HELLO? HELLO.

YES, WOULD YOU HI, I'M CHRISTINA.

HI.

I WAS HAVING TROUBLE UNMUTING MYSELF.

MY, I LIVE ON LINWOOD STREET, LESS THAN 500 FEET AWAY FROM THE ROSEDALE SITE.

I HOPE THAT YOU POSTPONE THE REZONING APPLICATION BECAUSE THE, NOT ONLY IS THE TRAFFIC STUDY FLAWED, UM, IN AND INCOMPLETE, UM, THERE IS CURRENTLY A LEGAL CASE AROUND THE SCHOOL REZONING.

UM, LIKE A BUNCH OF PEOPLE MENTIONED ALREADY, THE TRAFFIC ANALYSIS PREPARED BY A ISD SHOULD BE REDONE BY AN INDEPENDENT THIRD PARTY.

IT CURRENTLY MIS CLASSIFIES THE CURRENT USE AS AN ACTIVE OFFICE BUILDING, WHICH I'M SU SURE IS A SURPRISE TO THE POLICE OFFICERS WHO DO TRAININGS THERE ONCE

[00:30:01]

AND, UM, WHEN CORRECTED, THE PROJECT SHOULD GENERATE OVER 1500 DAILY TRIPS, WHICH ISN'T REFLECTED IN THE STUDY.

IT ALSO MISREPRESENTS SITE ACCESS WHILE THE PROPERTY RUNS THROUGH TO BURNETT ROAD.

IT DOESN'T HAVE CLEAR, UH, VEHICLE ACCESS TO BURN IT.

AND I KNOW I PLAY WITH MY 2-YEAR-OLD AND MY BABY ON THE WAY, AND, UM, I CAN'T IMAGINE THEM RUNNING ACROSS THE STREET AND OR THE NUMBER OF TIMES THAT THEY RUN ACROSS THE STREET AND PLAY WITH EACH OTHER.

THIS WOULD DIRECTLY IMPACT THEIR ABILITY TO DO THAT.

AND, UM, CONTINUE ON THAT.

THANK YOU.

THANK YOU FOR YOUR COMMENTS.

UM, GOING ON, GOING BACK TO DAVID HARTMAN.

GOOD EVENING CHAIR COMMISSIONERS.

DAVID HARTMAN ON BEHALF OF THE APPLICANT.

UM, AS HAS BEEN STATED, THE NEIGHBORHOOD HAS REQUESTED ESSENTIALLY A TWO MONTH POSTPONEMENT, APRIL 7TH.

MY REQUEST IS THAT WE LIMIT THAT POSTPONEMENT TO THE NEXT AVAILABLE MEETING, WHICH IN THIS INSTANCE, BECAUSE THE MARCH 3RD, UM, ZAP MEETING IS, IS CANCELED DUE TO THE ELECTIONS WOULD BE MARCH 17TH.

SO MY REQUEST WOULD BE TO LIMIT THE POSTPONEMENT TO MARCH 17TH, UM, WITHOUT GETTING INTO THE MERITS.

AND JUST TO TALK ABOUT THE POSTPONEMENT AND OTHER THING.

AND WITHOUT GETTING INTO THINGS THAT AREN'T THE PURVIEW OF THIS, THIS COMMISSION, AGAIN, WE FILED THE APPLICATION IN EARLY SEPTEMBER AND WE HAD A INITIAL MEETING WITH THE, THE, THE NEIGHBORHOOD.

OCTOBER 10TH.

WE'VE HAD A MEETING WITH, UH, THE NEIGHBOR REQUESTED WITH COUNCIL MEMBER, UH, OFFICE, UH, DECEMBER 10TH.

AND THEN, UH, ONE OF THE THINGS THAT WE MENTIONED THAT I LAID OUT AT THAT INITIAL MEETING WITH, UH, WITH THE NEIGHBORHOOD OCTOBER 10TH, WAS THAT THERE, THIS ZONING CASE ACTUALLY HAS A NEIGHBORHOOD TRAFFIC ANALYSIS.

SO WE HAD THAT MEETING, UM, LAST WEDNESDAY WITH THE NEIGHBORHOOD TRAFFIC ANALYSIS.

AND THIS PROJECT, LIKE MANY PROJECTS, HAS MANY, YOU KNOW, MULTIPLE DIFFERENT APPROVALS THAT IT NEEDS TO OBTAIN.

UM, DURING THIS TIME, WE'VE ACTUALLY GONE TO THE HISTORIC LANDMARK COMMISSION.

THERE HAVE BEEN TWO PUBLIC HEARINGS.

MANY OF THESE, UM, RESIDENTS PROVIDED TESTIMONY OF THAT.

AND THE, THE HISTORIC LANDMARK COMMISSION APPROVED, UM, APRIL, UH, JANUARY 7TH.

SO THERE'S BEEN MULTIPLE, MULTIPLE APPROVALS THAT HAVE BEEN DONE AND THAT NEED TO GET DONE WITH THIS PROJECT.

THIS CASE ACTUALLY NEEDS TO BE ON THIS, UM, THIS CALENDAR OR THE CASE WOULD EXPIRE.

SO IT'S BEEN IN PROCESS THAT LONG AND AS WE, YOU KNOW, CONTINUE TO POSTPONE ANY FURTHER AT THIS VENUE, THEN ONCE WE GET TO CITY COUNCIL, OF COURSE I RECOGNIZE THAT SIMILAR TO THAT, THAT THE CITY COUNCIL, UM, HAS A POLICY OF HONORING THE FIRST POSTPONEMENT REQUESTED BY A NEIGHBORHOOD.

SO THERE'S GONNA BE A POSTPONEMENT AT CITY COUNCIL.

SO, AND CITY COUNCIL DOESN'T MEET LATER ON THIS SUMMER.

SO IT'S IMPORTANT FOR US TO CONTINUE TO, UH, SEEK AND GET OUR PROJECT APPROVALS.

AND WE BELIEVE THIS CASE IS RIPE FOR THE ZACH TO CONSIDER TODAY.

BE HAPPY TO ANSWER ANY QUESTIONS.

AND CHAIR, THAT CONCLUDES THE SPEAKERS FOR DISCUSSION POSTPONEMENT.

YES.

I HAVE A QUESTION FOR MR. HARTMAN.

YOU WERE AT THAT MEETING LAST THURSDAY OR WEDNESDAY.

WEDNESDAY.

I OBSERVED THE MEETING COUNSEL STAFF STATED REPEATEDLY THAT THIS CASE HAD BEEN POSTPONED UNTIL APRIL 7TH.

THAT WAS MISINFORMATION, BUT YOU DIDN'T SAY A WORD.

YOU ALLOWED PRETTY MUCH EVERYBODY IN THIS ROOM TO BELIEVE THAT THIS CASE WAS GOING TO BE POSTPONED UNTIL APRIL 7TH.

THAT WOULD'VE BEEN THE TIME TO TALK ABOUT MAYBE APRIL 7TH ISN'T THE RIGHT DATE WITHOUT WASTING ALL OF THESE CITY RESOURCES TO DISCUSS A POSTPONEMENT.

UM, WHY DIDN'T YOU SPEAK UP KNOWING THAT YOU WERE GOING TO OPPOSE THIS POSTPONEMENT? THANK YOU FOR THE QUESTION.

EARLIER, LAST WEEK I REACHED OUT TO CITY STAFF, BUT KIND OF CONNECTED THE DOTS THAT THE MARCH 3RD, UM, WAS IN FACT ELECTIONS.

AND, UM, ALTHOUGH IT, UH, THE MARCH 3RD MEETING WAS STILL ON THE ZAP WEBSITE AS BEING A MEETING, I INQUIRED WHETHER OR NOT IT WAS IN FACT AN OPTION FOR ME TO POSTPONE TWO OR NOT.

UM, WITH SOME, AFTER SOME BACK AND FORTH, UM, IT, IT WAS DETERMINED THAT IN FACT THE MARCH 3RD MEETING WAS, WAS, WAS, WAS CANCELED.

AND THE MARCH 17TH MEETING WAS THE NEXT AVAILABLE.

WHEN THAT STATEMENT WAS MADE IN THAT MEETING, IT WAS IN A, IN A, IN A, IN A BUSY MEETING.

AND, AND I WANTED TO JUST KIND OF CONFIRM THE FACTS AT THAT, UH, AT THAT POINT IN TIME.

SO AFTER THE MEETING WAS OVER, I WALKED UP TO THE CITY STAFF TO GET MORE INFORMATION AS TO WHERE THEY ARRIVED.

AT THAT CONCLUSION,

[00:35:01]

AND I WALKED OVER TO, UM, THE DESIGNATOR REPRESENTATIVE LEADER OF THE, THE, UM, THIS GROUP, UM, TO INFORM THEM OF THAT AT THAT TIME, WHICH IS WELL IN ADVANCE THAT THIS MEETING WILL ADVANCE OF ANY POSTPONED MEETING.

AND THEN, AS YOU KNOW, OF COURSE, UM, THE, IT'S NOT SOMETHING THAT'S STATED IN A STAFF REPORT OR SOMETHING THAT'S STATED IN A MEETING THAT SETS WHEN THE ACTUAL ZAP MEETINGS OCCUR.

IT'S THE TEXAS OPEN MEETINGS ACT THAT, YOU KNOW, THE ZAPS HERE TONIGHT TO VOTE ON THAT.

SO I CERTAINLY, YOU KNOW, CONTINUE TO TRY AND BE MORE PRECISE IN MY COMMUNICATION AND WILL ENDEAVOR TO DO A BETTER JOB, UM, ON A GO FORWARD BASIS.

WELL, I WILL SAY THAT RECOLLECTIONS VARY AS FAR AS, UM, HOW CLEAR IT WAS THAT THERE WAS GOING TO BE A POSTPONEMENT UNTIL APRIL 7TH.

IT WAS CLEAR THAT THAT WAS, UM, REASONABLE.

I THINK COUNCIL MEMBER, I FORGET WHICH ONE SAID MAYBE BOTH THAT THERE'S A PROBLEM WITH MARCH 17TH, WHICH IS THAT IT'S DURING SPRING BREAK WHEN MANY OF THESE PEOPLE MAY NOT BE AVAILABLE TO COME DOWN AND TESTIFY.

SO IT SEEMS KIND OF UNFAIR TO AFTER THE MEETING, LET ONE PERSON KNOW, OH, I'M GONNA OPPOSE THIS.

IT'S JUST MY OPINION.

OKAY.

ANY OTHER QUESTIONS OR COMMENTS? OKAY.

UM, AGAIN, WE CAN ONLY MAKE MOTIONS TO POSTPONE.

UM, THE RANGE IS OPEN TO WHATEVER, UM, ANYBODY CAN MAKE.

UH, WE'VE BEEN ADVISED TO NOT POSTPONE INDEFINITELY, UM, BY LEGAL BECAUSE THAT THEN CREATES AN ISSUE WITH, UM, NOTIFICATIONS HAVING TO BE REDONE.

SO THAT WAS JUST A RECOMMENDATION.

WE'RE NOT BOUND TO ABIDE BY THAT.

BUT THAT WAS A RECOMMENDATION THAT CAME FROM THE LEGAL DEPARTMENT TO TRY TO AVOID A INDEFINITE POSTPONEMENT AND GO TO A MORE DATE CERTAIN, YES.

UM, QUESTION FOR THE PLAYFAIR WITH THE ROSEDALE, UH, FOLKS, I DON'T KNOW WHO IS THE REPRESENTATIVE.

CAN YOU PROVIDE A BIT MORE COLOR ON THE, THE, THE LAWSUIT AND THE, THE A SD SUING YOU GUYS OR SOMETHING LIKE THAT? I MEAN, I KNOW IT'S NOT EXACTLY, WE REALLY CAN'T TALK ABOUT IT.

WE CAN'T TALK ABOUT IT.

WELL, NO, WE CAN'T.

WELL, WE CAN CHAT ABOUT IT AT SOME OTHER TIME.

YEAH.

THE ONLY THINGS, THE ONLY WHAT ARE THE USUAL MERITS OF WHEN WE CONSIDER OR DON'T CONSIDER A POSTPONEMENT, IT'S JUST WHAT THEY BRING UP AT THE, IN THE HEARING.

I MEAN, THE TWO THINGS WE SPECIFICALLY CAN'T TALK ABOUT IS THE HEARING BECAUSE IT'S A LITIGATION ON A PRIVATE RESTRICTED COVENANT, WHICH THE CITY IS NOT A PARTY TO.

YEAH.

PRIVATE.

YEAH.

GET INVOLVED IN PRIVATE RESTRICTED COVENANTS.

WE DON'T GET INVOLVED IN LAWSUITS THAT WE'RE NOT A PARTY TO.

AND THEN THE STAFF HAS ALREADY LOOKED AT THE FACT THAT IT WAS POSTED CORRECTLY.

UH, EVERYTHING HAS BEEN DONE CORRECTLY FOR THE, THE POSTING OF THE MEETING.

SO THAT'S NOT A ITEM TO TALK ABOUT.

AND THE FACT THAT THE OWNERSHIP OF THE LAND IS NOT AN, IS NOT AN ISSUE WITH STAFF, THEY'VE LOOKED AT IT AND MADE THE LEGAL LAW DETERMINATION.

SO THAT'S NOT AN ISSUE WITH STAFF FROM THE LEGAL DEPARTMENT ADVISED ME THAT THAT'S NOT AN ISSUE.

MM-HMM .

SO THE STANDARDS, THEY MAY BRING IT UP IN A LAWSUIT, WHO KNOWS WHAT'S GONNA HAPPEN IN THE COURTS.

BUT FROM THE STAFF'S PERSPECTIVE AND THE LEGAL DEPARTMENT'S PERSPECTIVE, IT'S NOT AN ISSUE.

SO FOR SONY APPROVALS AND, AND, AND, UM, THIS BEEN, UH, REJECTIONS WE HAVE AS GENERAL STANDARDS MM-HMM .

UH, THAT WE FOLLOW.

YES.

DO WE JUST DECIDE WHETHER OR NOT TO POSTPONE ARBITRARILY? LIKE WHAT, WHAT'S THE REASON TO POSTPONE AT ALL? LIKE WHAT'S THE, WHAT'S AT LEAST WHAT IS YOUR THINKING CHAIR? IF THERE WAS AN OPPORTUNITY FOR THE APPLICANT AND THE STAFF TO GET TOGETHER AND DISCUSS ITEMS IN MORE DETAIL AND COME TO SOME KIND OF AGREEMENT, UM, WE WOULD CERTAINLY SUPPORT THAT HAPPENING.

UH, GENERALLY THE APPLICANT GETS ONE POSTPONEMENT, NEIGHBORHOOD ASSOCIATION GETS ONE POSTPONEMENT AND THE STAFF GETS ONE POSTPONEMENT.

UH, WE'RE JUST MAKING A RECOMMENDATION.

THIS GOES TO CITY COUNCIL.

THERE NEEDS TO BE THREE HEARINGS AT CITY COUNCIL.

SO OURS IS JUST A RECOMMENDATION TO CITY COUNCIL IN THIS CASE.

AND THEN THEY HAVE THREE HEARINGS.

THEY, IN THEORY SHOULD DO THOSE ON THREE SEPARATE MEETINGS.

THEY COULD DO THEM ALL AT ONE TIME.

THEY COULD DO TWO ON ONE MEETING AND ONE ON THE NEXT MEETING, BUT THEY'LL NEED BETWEEN TWO AND THREE MEETINGS TO HEAR THE CASE FORMALLY AT CITY COUNCIL.

AND WHAT THE APPLICANT WAS TALKING ABOUT WAS THAT BASICALLY BY THE END OF MAY, THE CITY COUNCIL TAKES A BREAK FOR JUNE AND HALF OF JULY.

AND WHEN THEY COME BACK IN THE MIDDLE OF JULY, THEY ONLY BRING UP DISCUSSION ITEMS IN REGARD TO BUDGET BETWEEN, UH, THE REMAINDER THROUGH ABOUT THE 1ST OF SEPTEMBER.

SO IF IT DOESN'T GET HEARD BY COUNSEL BEFORE THE END OF MAY, IT GETS POSTPONED TO SEPTEMBER.

THE THREE MEETINGS OF SEPTEMBER WOULD BLEED INTO OCTOBER.

UM, AND THEY MAY RUN INTO AN ISSUE WITH THEIR POSTING.

BUT AGAIN, THAT'S, THAT'S JUST THE, I'M GIVING YOU THE INFORMATION THAT I'VE BEEN GIVEN.

SO, CHAIRMAN, THERE WAS A QUESTION, UM, UM, IS THAT QUESTION STILL, UH, OPEN FOR ME TO ANSWER? UNFORTUNATELY, IT MAY BE, UH, UH,

[00:40:01]

YEAH.

BECAUSE ON ON, AS I UNDERSTAND IT FROM LEGAL OR FROM UNDERSTANDING LAW, THIS SIDE OF THE DAES, I CAN TALK ABOUT ANYTHING.

YOU HAVE TO BE CAREFUL WHAT QUESTIONS YOU ASK AND WHETHER YOU DELIBERATE ABOUT THE MERITS OF THE LEGAL CASE.

THAT'S CORRECT.

YOU HAVE FREEDOM OF SPEECH, CORRECT? YES.

YOU CAN TALK ABOUT WHATEVER YOU, I CAN ASK YOU TO ONLY TALK ABOUT CERTAIN THINGS, BUT YOU CAN TALK ABOUT WHATEVER YOU WANNA TALK ABOUT .

SO, UM, YES, YOU'RE FREE OVER THERE.

OVER HERE WE HAVE A STRONG RESEARCH.

SO YOU COULD, YOU COULD ASK SPECIFICS ABOUT, IN PARTICULAR THE, THE STATUS OF THE OWNERSHIP OF THE LAND, WHICH IS NOT SOMETHING IN AIS SD SUIT.

IT IS SOMETHING THAT RESULTED FROM, IT WAS DISCOVERED AS A RESULT OF IT.

I TALKED TO THE, AND IT WAS MENTIONED THAT STAFF HAS APPROVED THE LEGAL DESCRIPTION OF THE LAND, BUT THAT'S PRIOR TO THIS INFORMATION BECOMING, I TALKED TO THE CITY ATTORNEY ABOUT THAT SPECIFIC ISSUE AND WAS ADVISED THAT THAT'S NOT SOMETHING IN OUR PURVIEW TO TALK ABOUT.

SO WE WE'RE NOT GONNA ASK QUESTIONS ABOUT THAT AND DISCUSS THAT BECAUSE IT'S NOT WITHIN OUR PURVIEW.

SO IF YOU HAVE QUESTIONS, I'LL HANG AROUND.

YES.

, DO I HEAR A MO? UM, YEAH.

UH, FIRST I'D LIKE TO THANK EVERYBODY FOR COMING OUT.

I KNOW THIS IS AN IMPORTANT CASE FOR EVERYBODY AND IT'S ALWAYS GOOD TO SEE A NICE TURNOUT AT CITY HALL.

UM, AS, UH, THE LAW DEPARTMENT HAS ADVISED US NOT TO POSTPONE INDEFINITELY, UM, GIVEN THE PARTICULARS OF OUR CALENDAR AND THAT THE NEXT MEETING FOR ZAP WOULD FALL DURING, UH, SPRING BREAK WHEN A LOT OF US, A LOT OF YOU, UM, A LOT OF STAFF MAY BE TRAVELING, UM, DUE TO SPRING BREAK.

UM, I THINK IT WOULD BE PRUDENT FOR US TO POSTPONE, UH, UNTIL OUR APRIL 7TH MEETING.

AND SO I WILL, UH, MOVE THAT SECOND.

YES.

OKAY.

I WOULD LIKE TO SECOND THAT MOTION.

WE HAVE MOTION AND A SECOND TO POSTPONE TO APRIL 7TH.

I'M INCLINED TO GO TO MARCH 17TH, UM, JUST BECAUSE I WANT TO GIVE THE CITY COUNCIL THE OPPORTUNITY TO GET THIS DONE BEFORE THEY GO ON BREAK FOR FOUR MONTHS IF THEY CAN.

IF THEY CAN'T, THEY CAN'T, THEY WOULD BE THE ONES LAYING IT.

BUT, AND REALISTICALLY THAT'S JUST WHERE I'M AT.

REAL REALISTICALLY, THE CITY COUNCIL WILL PICK IT UP IN NOVEMBER.

I MEAN, IN A, IN A UNREALISTIC PRODUCTIVE MONTH, THEY WOULD PICK IT UP IN OCTOBER, SEPTEMBER.

BUT, UM, I, AS SOMEBODY WHO LIVES BY RIDGETOP, WHICH WILL PROBABLY GET A SIMILAR TREATMENT, UM, I WORRY VERY DEEPLY ABOUT THE SCHOOL DISTRICT.

I WOULD SAY IT'S MY NUMBER ONE WORRY AND I WORRY VERY DEEPLY ABOUT AUSTIN BECOMING A CITY WITHOUT CHILDREN.

AND SO I WOULD, I WOULD WORRY ABOUT ENDANGERING THE SCHOOL DISTRICT EVEN MORE.

I UNDERSTAND THAT YOU ADDRESSED SOME OF THOSE CONCERNS, BUT I THINK THOSE ARE VERY, VERY REAL.

UM, SO I, I WOULD LEAN TOWARDS MARCH 17TH, BUT I'M OPEN TO HEAR FROM THE COMMISSIONERS, BUT GOOD COUNTER FOR ONE WAY OR THE OTHER.

I DID WANNA MAKE, UM, A QUESTION REALLY IS WHAT ARE WE HOPING TO GAIN FROM, I BELIEVE IT WAS THE APRIL DATE VERSUS MARCH 17TH.

UM, THE EXTRA TIME DOES NOT SEEM LIKE IT WOULD, YOU KNOW, ALLOW FOR MUCH MORE TO HAPPEN.

THAT NEEDS TO HAPPEN, I THINK A MONTH FROM NOW SHOULD BE MORE THAN SUFFICIENT, BUT VERY MUCH WANT TO ENCOURAGE THE APPLICANT AND THE COMMUNITY TO CONTINUE TALKING, UM, AND TO LOOK INTO THIS, UM, TRAFFIC STUDY ISSUE.

UM, BUT AGAIN, I DON'T THINK IT'S WISE TO RISK REALLY KIND OF PUSHING THIS PAST THE POINT WHERE IT GETS DELAYED MUCH, MUCH FURTHER.

UM, I JUST DON'T SEE WHAT IS GONNA HAPPEN IN THE EXTRA THREE WEEKS.

UH, THAT COULDN'T HAPPEN IN THE FOUR WEEKS, UH, FROM NOW.

UM, SO I'M MORE INCLINED TO, UH, GO FOR MARCH 17TH.

OKAY.

IF I CAN, BEFORE I RECOGNIZE YOU, RECOGNIZE TAYLOR MAJOR, YOU ARE HERE .

SO , HE WAS NOT HERE AT ROLL CALL, BUT HE IS ON THE LINE NOW.

UH, GOOD EVENING, MR. CHAIRMAN.

SORRY, YOUR WORK RAN A LITTLE LATE FOR ME TONIGHT.

THAT'S OKAY.

SO WE HAVE, WE HAVE 10 COMMISSIONERS THAT ARE ABLE TO VOTE.

YES, I WOULD AGREE WITH COMMISSIONER FALZ AS WELL.

UM, ESPECIALLY SINCE WE WILL, WE WOULD ONLY BE MAKING A RECOMMENDATION AND THEN IT STILL HAS TO GO TO COUNCIL.

OKAY.

MY QUESTION IS FOR THE, UM, ROSEDALE NEIGHBORHOOD, IF IT WAS A POSTPONEMENT BETWEEN THE APRIL 7TH AND HEARING THE MERITS OF THE CASE TONIGHT, WOULD YOU PREFER, UM, SINCE EVERYONE IS HERE AND GIVEN THAT THE 17TH FALLS ON A SPRING BREAK WEEKEND, UM, FOR THE CASE TO BE HEARD TONIGHT OR THE 17TH OF MARCH, I THINK WE WOULD TAKE OUR CHANCES ON THE 17TH.

EVERYONE IS HERE, BUT WE'LL HAVE MORE.

EVERYONE'S HERE ON THE 17TH.