* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:05] OH FOUR. [CALL TO ORDER] I'M GONNA CALL TO ORDER THE REGULAR MEETING OF THE ZONING AND PLANNING COMMISSION. TODAY IS TUESDAY, APRIL 21ST. IT IS AGAIN, 6 0 4. UM, I WILL START WITH A ROLL CALL CHAIR. HANK SMITH. I AM PRESENT VICE CHAIR BETSY GREENBERG. HERE. SECRETARY RYAN KKI HERE. UM, PARLIAMENTARY ALEJANDRO DE FLORES. DO NOT SEE HER. UM, LUIS OLUGO. HERE. SCOTT BOONE. HERE. DAVID FZ. HERE. LONNIE STERN. DON'T SEE LONNIE ANDREW CORTES CHRISTIAN. SHE AND TAYLOR MAJOR. SO WE HAVE SIX PRESENT AND IT'S SIX IS REQUIRED FOR US TO MOVE FORWARD SO WE CAN MOVE FORWARD. UM, WE HAVE NO PUBLIC SPEAKERS TODAY, IS THAT CORRECT? THAT'S CORRECT. CHAIR. OKAY. [Consent Agenda] UH, SO ON THE AGENDA IS THE APPROVAL OF THE MINUTES AND I BELIEVE THERE ARE SOME QUESTIONS ABOUT THE MINUTES AND WHO WAS PRESENT AND WHO WASN'T. SO IF YOU'LL GET THAT CORRECTED IN THE FINAL VERSION. YES. CHAIR. WE'LL GET THAT CORRECTED AND THEN WE'LL, UM, WE'LL GO AND POSTPONE THAT. OKAY. ITEM TWO, REZONING CASE C 14 20 25 DASH 0 1 1 3 AT 500 EAST FM 1626. THIS IS A REZONING CASE FROM C-S-M-U-C-O TO CS ONE STAFF RECOMMENDS CS ONE CO. AND WITH THOSE CONDITIONALS THAT HAVE BEEN ADDED BY STAFF, IT IS ON THE CONSENT AGENDA AND RECOMMENDED FOR APPROVAL. ITEM THREE'S, REZONING CASE C 14 20 25 DASH 0 0 6 4. CIRCLE C TRACK ONE 10 IS REZONING CASE FROM C-S-M-U-C-O TO C-S-M-U-C-O TO CHANGE THE CONDITIONS OF ZONING. THIS HAS BEEN, UM, POSTPONED UNTIL MAY 5TH. UM, AND IF THERE'S NO DISCUSSION, WE'RE GONNA GO AHEAD AND POSTPONE THAT TO MAY 5TH. ON THE CONSENT AGENDA, DOES ANYBODY HAVE ANY PROBLEM POSTPONING THAT ON THE CONSENT AGENDA? I'M SEEING NONE. SO THAT IS POSTPONEMENT TO MAY 5TH. WHAT ABOUT THE SPEAKERS? UM, DO THE SPEAKERS WANT TO SPEAK ABOUT THE POSTPONEMENT? IS THERE ANYBODY HERE TO SPEAK? OH, IS THIS ITEM FOUR YOU'RE TALKING ABOUT? I'M TALKING ABOUT ITEM THREE. OH, SORRY, . I CAN TALK ABOUT ITEM FOUR NOW. ITEM FOUR IS C 14 20 26 DASH 0 0 1 2 AT 8,011. BRODY LANG. IT IS A, SO WE DO HAVE, UM, OKAY. OKAY. I THINK IT'S A DISCUSSION, I GUESS BECAUSE, SO LONNIE STERN HAS JUST JOINED THE CALL. OKAY. COMMISSIONER STERN, YOU'RE PRESENT. SAY HERE LOUD. I'M HERE NOW. OKAY. ITEM FOUR. I'LL START AGAIN. RE C 14 20 26 0 0 1 2 AT 80 11 BRODY LANE. IT IS A STAFF IS IS A REZONING CASE FROM N-O-M-U-C-O TO OMUC. UH, KEEPING THE SAME CONDITIONAL OVERLAY THERE. UM, WE HAVE SEVERAL PEOPLE HERE TO TALK AND THERE WAS SOME CONFUSION ABOUT THE, UM, TROOPS PER DAY AND WHETHER THAT WAS IN A CO. SO OUR RECOMMENDATION IS TO POSTPONE THIS TO MAY 5TH. IS THERE ANY CONCERN IF WE POSTPONE THIS TO MAY 5TH AND GIVE THE PEOPLE HERE, HERE TO TALK A CHANCE TO TALK TO THE, THE APPLICANT AND THE CITY AND ANSWER ANY QUESTIONS YOU HAVE YES. REPRESENTING THE APPLICANT? HEAR THE CASE? OKAY, WE CAN, WE CAN HAVE A DISCUSSION ITEM FOR ITEM FOUR. WE CAN JUST, WE HAVE A MOVE THAT TO A DISCUSSION ITEM FOR ITEM FOUR. SO ITEM FOUR IS DISCUSSION. ITEM FIVE IS A REZONING CASE C 14 20 25 14 ICU MEDICAL CENTER. IT IS A REZONING CASE FROM LI TO L-I-P-D-A. IT IS RECOMMENDED BY STAFF AND ON THE CONSENT AGENDA, ITEM SIX IS A RESTRICTIVE COVENANT TERMINATION C 14 81 3 7 RCT AT 3,900 WEST HOWARD LANE. AND THE REQUEST IS TO TERMINATE A PUBLIC RESTRICTIVE COVENANT RECORDED IN 1981. THAT IMPOSES RESTRICTIONS ON THIS PROPERTY FOR THE ATTACHED SITE AND LANDSCAPE PLAN ON PERMITTED AND PROHIBITED USES ON SITE DEVELOPMENT STANDARDS, ON SITE SIGNAGE AND OFF STREET PARKING REGULATIONS, ON PERFORMANCE STANDARDS AND FOR STREETS, UTILITIES, AND OTHER FACILITIES. THE RESTRICTING CODE DETERMINATION IS RECOMMENDED BY STAFF. AND ON THE CONSENT AGENDA, ITEM SEVEN SPC 2025 DASH 0 2 0 2 C, PARK AND RECREATION DEPARTMENT, JOHNNY TREVINO PARK PHASE ONE. THE REQUEST IS THE APPLICANT'S REQUESTING A CONDITIONAL USE PERMIT FOR JOHN TREVINO PARK, PHASE ONE ON A PR PROPERTY ZONE P PUBLIC PROPOSED IMPROVEMENTS INCLUDE A RESTROOM PAVILION AND TWO PICNIC [00:05:01] PAVILIONS, PARKING PLAYGROUNDS, WATER SERVICE CONNECTIONS, AND ONSITE FORM AND WATER QUALITY INFRASTRUCTURE. THE ITEM IS RECOMMENDED BY STAFF AND ON THE CONSENT AGENDA, ITEM EIGHT IS A REQUEST OF TIME. SP 20 17 0 4 7 8 DXT THREE IS THE ALL STORE WEST ALL STORE WESTLAKE. UH, THE REQUEST IS REQUESTING THE APPLICANT IS REQUESTING A TWO YEAR EXTENSION OF TIME FROM MARCH 1ST, 2026 TO MARCH 1ST, 2028. IT IS RECOMMENDED BY STAFF AND ON THE CONSENT AGENDA, ITEM NINE IS A SITE PLAN EXTENSION. EXTENSION SP 20 17 0 1 3 0 C-S-H-X-T THREE IS AT 42 15 BULL CREEK ROAD AND THE APPLICANT IS REQUESTING A FIVE YEAR EXTENSION. SO AGAIN, THE CONSENT ITEMS ARE THE MINUTES FROM APRIL 7TH, 2026. THE STAFF WILL LOOK AT THOSE AND MAKE SURE THEY CITE WHO WAS PRESENT. ITEM TWO IS THE CONSENT AGENDA, REZONING CASE C 14 2 2 5 1 3. ITEM THREE IS A POSTPONEMENT TO MAY 5TH, C 14, 20 25, 6 4. ITEM FOUR IS PULLED FOR DISCUSSION. ITEM FIVE IS CONSENT. SIX IS CONSENT. SEVEN IS CONSENT. EIGHT AND NINE ARE ALL CONSENT ITEMS. SO EVERYTHING IS ON CONSENT AS MODIFIED WITH THE EXCEPTION OF ITEM FOUR, WHICH IS PULL FOR DISCUSSION. DO I HEAR A MOTION TO APPROVE THE CONSENT AGENDA? UM, WE HAVE SPEAKERS, CHAIR. OH, OKAY. SPEAKERS. SORRY. ALWAYS JUMP OVER THAT. YES. UM, SO FOR ITEM TWO, WE HAVE OUR PRIMARY SPEAKER WHO'S JENNIFER HANLIN WHO'S JOINING US VIRTUALLY. OKAY. UM, IF JENNIFER HOPS ON, WE'LL COME BACK. GOING ON TO THE NEXT ITEM. WE HAVE ITEM THREE, WHICH IS A NEIGHBORHOOD POSTPONEMENT FOR MAY 5TH. READ. EVANS IS OUR PRIMARY SPEAKER IN OPPOSITION. AND AGAIN, THIS IS JUST SPEAKING TO THE MERITS OF THE POSTPONEMENT ITSELF. SO REID, WOULD YOU LIKE TO SPEAK? OKAY. ARE Y'ALL OKAY POSTPONING IT? NO. YOU WANT TO HEAR THE CASE TONIGHT? OKAY. IS THIS THREE? YES, THIS IS ITEM THREE. YES, THIS IS ITEM THREE. THOSE PEOPLE ARE HERE FOR FOUR. THIS IS ITEM THREE, THE CIRCLE C TRACKED. OKAY. OKAY. AND GOING. NO PROBLEM. GOING TO OUR NEXT SPEAKER, WE HAVE, WE HAVE TAMMY BOWMAN, WHO IS JOINING US VIRTUALLY. OKAY. GOING ON TO OUR NEXT SPEAKER, WE HAVE KATIE GOOD, WHO'S JOINING US VIRTUALLY. OUR NEXT SPEAKER IS SCOTT GUZ WHO'S JOINING US VIRTUALLY. OUR NEXT SPEAKER IS SUZANNE FRANKLIN WHO'S JOINING US VIRTUALLY. AND OUR NEXT SPEAKER IS KRISTEN EVANS, WHO'S SPEAKING OPPOSITION. KRISTEN, YOU HAVE THREE MINUTES. OKAY. GOING ON TO THE NEXT ITEM WE HAVE FROM ITEM FIVE, WE HAVE TAMARA DAVIS WHO'S JOINING US VIRTUALLY AS THE APPLICANT. TAMARA, YOU HAVE SIX MINUTES. OKAY. GOING TO OUR NEXT SPEAKER, WE HAVE LEAH BOJO, LEAH'S JOINING US VIRTUALLY. LEAH, YOU HAVE THREE MINUTES. OKAY. GOING TO OUR NEXT ITEM IS ITEM SIX. WE HAVE TAMARA DAVIS, UM, WHO'S THE APPLICANT? TAMARA, YOU HAVE SIX MINUTES. AND THEN NEXT SPEAKER IS LEAH BOJO JOIN US VIRTUALLY. OKAY. SO OUR NEXT ITEM IS ITEM NINE IS OFFERED FOR CONSENT. WE HAVE THE APPLICANT RON THROWER. RON, YOU HAVE SIX MINUTES. HE'S WAVING. OKAY. OUR NEXT SPEAKER IS VICTORIA HASSEY. VICTORIA, YOU HAVE THREE MINUTES. OKAY. SPEAK . OKAY, CHAIR, THIS CONCLUDES THE SPEAKERS ON THE CONSENT AGENDA. OKAY. UM, SO AGAIN, THE CONSENT ITEM IS EVERYTHING EXCEPT ITEM FOUR, WHICH HAS BEEN PULLED FOR DISCUSSION. YOU HAVE A QUESTION? UM, I HAVE [2. Rezoning: C14-2025-0113 - 500 East FM 1626 Road; District 5] COMMENTS ON A FEW OF THESE. SURE. SO ITEM TWO, UM, DID NOT PROHIBIT THE COCKTAIL LOUNGE USE, BUT MY UNDERSTANDING IS THAT THE APPLICANT IS OKAY WITH PROHIBITING THE COCKTAIL LOUNGE USE. SO I WOULD LIKE TO PROPOSE THAT IF THAT IS THE WILL OF THE COMMISSION. YEAH, THAT I ASSUME THAT WAS ONE OF THE CEOS THAT WAS ADDED BY STATUS. SO I'M FINE WITH THAT. WELL THEN I'LL MOVE TO ADD THAT, UM, PROHIBITION FOR COCKTAIL LOUNGE USE. GOOD EVENING COMMISSIONER. GOOD EVENING COMMISSIONERS STAFF IS IN AGREEMENT WITH, UM, ADDING THAT AS A PROHIBITED USE IN THE CONDITIONAL OVERLAY. OKAY. BUT WE STILL NEED, SORRY, BEFORE WE BEGIN, I WANNA POINT OUT THAT COMMISSIONER CORTEZ HAS JOINED THE CALL. THANK YOU. SORRY, I'LL SECOND THAT. SO I FEEL LIKE ESPECIALLY WITH THE CONGREGATE LIVING NEARBY AND NO INTENTION OF HAVING A COCKTAIL LOUNGE. NO, THAT'S A GOOD IDEA. THERE'S NO PROBLEM WITH ADDING THAT TO THE CO. I'LL SECOND GET A COME FROM ANYTHING ELSE. OKAY. SO WE HAVE A MOTION AND A SECOND AMENDING THE MINUTES, AMENDING THE CO FOR ITEM TWO. [00:10:01] UM, AND OH, I HAVE A FEW MORE COMMENTS IF WE'RE GO FOR IT. UM, I'D LIKE TO BE SHOWN AS VOTING NO ON ITEM FIVE AND SIX. UM, THE PDA, IT GIVES EXTENSIVE ENTITLEMENTS IN WHAT COULD HAVE BEEN A PUD TO HAVE COMMUNITY BENEFITS, NO HOUSINGS PLANNED. UM, IT JUST SEEMS LIKE IN A WAY PDA IS THE SCAM ZONING. UM, SO I'D LIKE TO BE SHOWN AS VOTING NO ON THAT. UM, AND ITEM SIX, SOME OF WHAT'S BEING REMOVED FOR THE CO LIKE THE PARKING REQUIRE PARKING REQUIREMENT OF ONE SPACE FOR EVERY 300 FEET IS CLEARLY EXCESSIVE. BUT ITEM E IN THAT CONDITIONAL OVERLAY HAS MANY PROTECTIONS FROM NOISE POLLUTION CLEAR. AND IT'S NOT CLEAR WHAT'S COVERED BY CURRENT CODE AND WHAT'S NOT COVERED BY CURRENT CODE. SO IT SEEMS SORT OF LIKE A INDISCRIMINATE REMOVAL OF A CONDITIONAL OVERLAY. SO I'D LIKE TO BE SHOWN AS VOTING NO ON ITEM SIX IN ADDITION TO ITEM FIVE. OKAY. ANY OTHER COMMENTS? OKAY. UH, CHAIR? YES. UH, IF SHE VOTES, NO. IS THAT A CONSENT AGENDA? YES. OKAY. YEAH, SHE CAN VOTE NO ON CONSENT ON THOSE TWO ITEMS. THAT'S FINE. OKAY. EVEN THOUGH WE ONLY HAVE SIX. OH, WE, WELL WE HAVE, YES. IF WE HAD SIX IT WOULD BE A PROBLEM. WE HAVE TWO MORE UP ON THE WINDOW. YEAH, GOOD CATCH, . OKAY. ALL THOSE IN FAVOR THE OF THE CONSENT AGENDA WITH THE EXCEPTIONS OF ITEM SIX AND FIVE AND SIX. FIVE AND SIX. UH, RAISE YOUR HAND. OKAY. OPPOSED. AND [4. Rezoning: C14-2026-0012 - 8011 Brodie Lane; District 8 ] IT'S UNANIMOUS. SO NOW WE WILL MOVE TO ITEM FOUR. MM-HMM . I THINK, UH, GOOD EVENING ZONING AND PLANNING COMMISSION. MY NAME IS REESE MCMICHAEL. I'M A SENIOR PLANNER WITH AUSTIN PLANNING AND I AM MANAGING CASE C 14 DASH 2026 DASH 0 0 12. UH, WHICH IS A REQUEST TO, UH, REZONE, UM, THE SITE LOCATED AT 80 11 BRODY LANE FROM N-O-M-U-C-O TO L-O-M-U-C-O. OKAY. UH, SO JUST, UH, DIVING A LITTLE BIT DEEPER INTO THE CONDITIONS, UM, AT THIS LOCATION, UH, THIS IS THE FORMER SITE OF A FARMER'S INSURANCE, UH, BUILDING. UM, THERE ARE OTHER, UH, COMMERCIAL, UH, USES IN THE AREA. IT'S, UM, LOCATED ON A, UH, I BELIEVE IT'S A LEVEL THREE, UH, STREET UNDER THE, UH, AUSTIN TRANSPORTATION PLAN. UM, AND UH, THIS APPLICATION TO REZONE, UM, WAS, UH, INSTIGATED IN ORDER TO PERMIT A, UM, INJURY CONSULTATION AND PHYSICAL THERAPY, UH, BUSINESS, UH, TO TAKE PLACE AT THIS LOCATION. AND, UH, NO CHANGES TO THE SITE OR THE EXISTING BUILDING ARE PROPOSED BY THE APPLICANT. OKAY. ANY QUESTIONS OF STAFF? THE TRIP LIMIT, UH, SO THE CONDITIONAL, UH, OVERLAY THAT'S CURRENTLY IN PLACE, UH, IN THE ZONING AT THIS LOCATION LIMITS, UH, TRIP GENERATION TO 300 VEHICLE TRIPS PER DAY STAFF IS, UM, RECOMMENDING THAT THE CONDITIONAL OVERLAY BE REMOVED FROM THIS ZONING. UH, BECAUSE THIS, UH, THE REGULATION OF TRIPS, UM, IN THIS NATURE IS TYPICALLY, UH, HANDLED AT THE SITE PLAN REVIEW, UH, PROCESS OF THE ZONING PROCESS, UH, RATHER THAN, UH, THROUGH ZONING. OKAY. AND AT THIS TIME THERE'S NO PROPOSED CHANGES TO THE BUILDING. THE BUILDING WOULD BE LEFT ALONE, THE PARKING WOULD BE LEFT ALONE, JUST CHANGING THE USE OF THE BUILDING. AND TO DO THAT YOU NEED IN DIFFERENT ZONING? THAT'S CORRECT. OKAY. THANK YOU. QUESTIONS, WHY DON'T WE HEAR FROM THE APPLICANT? YEAH. [00:15:12] OKAY. YES, GOOD EVENING. IF YOU CAN STATE YOUR NAME. YES. MY NAME IS TUS ISIDOR. I'M AN ATTORNEY HERE IN AUSTIN AND I AM REPRESENTING THE OWNERS AS THE APPLICANT. UM, IN ADDITION TO WHAT WAS, UM, STATED BY REESE, UH, THERE IS ACTUALLY, THE BUILDING IS ACTUALLY LOCATED ON BRODY LANE AT THE INTERSECTION OF BRODY. AND OF COURSE I'M FORGETTING THE INTERSECTION, BUT ALL OF THE TRAFFIC THAT WILL ORIGINATE AT THAT BUSINESS COMES OFF OF BRODY LANE DIRECTLY INTO THAT BUILDING. THERE IS NO EASE ACCESS INTO THE NEIGHBORHOOD, WHICH IS BEHIND LOCATED, BEHIND THE BUILDING. UM, ADJACENT TO THAT BUILDING, TO THE VERY, TO THE LEFT OF IT, ACROSS THE STREET IS A STRIP MALL THAT INCLUDES A MASSAGE THERAPY AND SOME OTHER, UM, BUSINESSES ACROSS THE STREET ON BRODY, WE HAVE TWO ADDITIONAL STRIP MALLS, THE SEVEN 11, UM, PRETTY MUCH THAT ENTIRE AREA IS COMMERCIAL. UM, THE NEIGHBORHOOD IN QUESTION IS BEHIND OF THE BUILDING, EXTENDING BEHIND AND THEN OFF TO THE RIGHT. UM, THE BUILDING HAS ITS OWN PARKING AND THE NUMBER OF INDIVIDUALS THAT CAN BE AT THAT LOCATION AT A TIME IS LIMITED BY THE PARKING 'CAUSE THERE'S NOT A PARKING, THERE ARE 12 SPOTS FOR PARKING AT THE LOCATION. AT NO TIME WILL THERE BE MORE THAN 12 VEHICLES. IN FACT, AT NO TIME THERE LIKELY WILL NOT BE 12 VEHICLES. UM, THERE, THE REMOVAL OF THE CONDITIONAL OVERLAY IS NOT SOMETHING THAT WAS REQUESTED BY THE APPLICANT. IN FACT, UM, THE 300 IS SIGNIFICANTLY MORE, PROBABLY 30 TIMES MORE THAN THE EXPECTED USE IN TERMS OF TRAFFIC. MAYBE NOT 30, BUT YOU KNOW, IT, IT'S SIGNIFICANTLY MORE THAN THE EXPECTED USE. SO THE LOCATION OF THE BUSINESS, THE INGRESS EGRESS TO THE BUSINESS, THE FACT THAT IT HAS ITS OWN PACKING FACILITY, UM, DOES NOT INTERFERE IN ANY WAY WITH THE, UM, NEIGHBORHOOD THAT IT EXISTS THAT IT IS IN AND IS ALSO JUST ONE OF MANY COMMERCIAL AND, UM, BUSINESSES THAT IS IN THAT VERY SPECIFIC INTERSECTION. AND PRIOR TO THIS USE, THE BUILDING WAS BEING USED AS A COMMERCIAL BUILDING. SO ANY QUESTIONS? I DON'T. OKAY. UM, SO I DO HAVE A QUESTION. UM, ARE YOU ABSOLUTELY CERTAIN THAT THE ACCESS IS TO BRODY LANE AND NOT, UH, THOMAS KINSON STREET? SO BECAUSE I'M LOOKING AT IT ON GOOGLE MAPS, THE ACCESS, LET ME CLARIFY AND UNLESS SOMETHING IS CHANGED, THE ACCESS IS FROM BRODY LANE. YOU MAKE A RIGHT ONTO THOMAS THE STREET. OKAY. THE BUILDING IS THE, THE FIRST BUILDING TO THE LEFT, TO THE RIGHT OF THAT IS THE STRIP CENTER WITH THE MASSAGE THERAPY AND ALL OF THE OTHERS. AND TO THE LEFT, THE VERY FIRST BUILDING AT AN INTERSECTION IS THE, UH, THE BUILDING THAT IN QUESTION EIGHT 11. SO IT IS RIGHT OFF BORDER LANE, ALL OF THE, TO GET TO THE BUILDING, UNLESS YOU'RE COMING FROM THE NEIGHBORHOOD, YOU WOULD BASICALLY COME BRODY LANE FROM WILLIAM CANYON OR BRODY LANE FROM, YOU KNOW, THE OTHER DIRECTION, NORTH OR SOUTH AND BRODY LANE IN ORDER TO GET TO THE BUILDING. OKAY. THANK YOU. IT SOUNDED LIKE YOU WERE SAYING THAT THE ACCESS TO THE SITE IS ON, DIRECTLY ON BRODY LANE. YEAH, I OKAY. BUT THANKS TO THE CLARIFICATION. YES, I WAS CLARIFYING BECAUSE THAT DID NOT APPEAR TO BE THE CASE. YES, YES, YOU ARE CORRECT. THANK YOU. OKAY, ANY OTHER QUESTIONS? OKAY, NOW WE'RE HERE FROM THE OTHER SPEAKERS. OKAY. OKAY. WE HAVE OUR PRIMARY SPEAKER IN OPPOSITION. MELANIE BABBITT. MELANIE, YOU'LL HAVE SIX MINUTES. I'LL CLICK THE BUTTON. CLICK THE BUTTON PLEASE. HELLO COUNCIL MEMBERS. THANKS FOR HAVING US TODAY. UM, I CAME HERE WITH MY NEIGHBORS. I LIVE ON THOMAS HAW STREET. I'VE LIVED ON THOMAS HAW STREET MY ENTIRE LIFE SINCE THE EIGHTIES. UM, AND I'M HERE WITH MY TWO NEIGHBORS. UM, ONE OF THEM HAS LIVED THERE LONGER THAN I HAVE AND THE OTHER ONE HAS LIVED THERE 20 YEARS. UM, [00:20:01] THOMAS HAW IS A SMALL RESIDENTIAL NEIGHBORHOOD AND WE'RE VERY WORRIED ABOUT THE TRAFFIC. UM, WE DON'T REALLY KNOW A LOT ABOUT THE REZONING WITH THE DIFFERENCES, BUT WE DO KNOW THAT IT NOW IS PROPOSED TO ADD MORE THAN 300 CARS, WHICH WE JUST DON'T UNDERSTAND WHAT THE BENEFIT OF THAT WOULD BE OR WHY THAT WOULD HAPPEN. UM, EVEN IF THE PROPERTY BUILDING DOESN'T CHANGE, IT SEEMS LIKE IT COULD OPEN IT UP TO SELLING IT TO SOMETHING ELSE. THAT COULD BE A BIG RESIDENTIAL BUILDING OR SOMETHING THAT WOULD BE INTRU VERY INTRUSIVE IN THE NEIGHBORHOOD. SO WE WOULD LIKE MORE INFORMATION ON THAT. UM, THERE WAS A QR CODE ON THE BUILDING, BUT WE WEREN'T ABLE TO ACCESS IT TO FIND OUT EXACTLY WHAT IT MEANT OR WHAT IT WOULD ENTAIL. IN SUMMARY, WE DON'T WANT MORE TRAFFIC ON THE STREET, WE CAME HERE, BUT THERE'S LOTS OF OTHER PEOPLE IN THE NEIGHBORHOOD WHO ALSO DON'T WANT MORE TRAFFIC. THERE'S STRIP MALL RIGHT ON THOMAS KINON ALREADY. UM, THERE'S ONE, THERE'S ALREADY TOO MANY CARS. UM, AND WE WOULD JUST LIKE MORE INFORMATION AND KNOW THE BENEFIT OF IT, BUT AS IT IS NOW, WE'RE DEFINITELY OPPOSED TO HAVING MORE CARS. SO WE APPRECIATE, UM, Y'ALL'S TIME FOR LISTENING AND WE WOULD LIKE TO LEARN MORE. OKAY, THANK YOU. THANK YOU. THANK YOU FOR YOUR COMMENTS. OUR NEXT SPEAKER IS JOAN. JOAN, YOU'LL HAVE THREE MINUTES. THREE MINUTES. YES MA'AM. IF YOU COULD STATE YOUR NAME AND YOU START, THAT'D BE GREAT. HELLO COUNCIL MEMBERS. I'M HAPPY TO BE HERE TONIGHT, UH, TO MEET YOU ALL FOR THE FIRST TIME. UM, I'M GONNA TRY TO SAY THIS FAST BECAUSE I THINK I NEED MORE THAN THREE MINUTES. I'M VERY CONCERNED ABOUT AVAILABLE PARKING PLACES BECAUSE WHEN PEOPLE COME AND THEY COME FOR THAT BUILDING, IF THEY CAN'T PARK THERE, IF THERE'S MORE THAN 12 PEOPLE, INCLUDING THE EMPLOYEES, THEN THEY'RE GONNA PARK ON THE STREET. IT IS ALREADY A VERY CONGESTED CORNER. I AM RETIRED AND I LEAVE THAT MY RESIDENCE SEVERAL TIMES A DAY SOMETIMES, AND CERTAINLY MANY TIMES A WEEK, ALL DURING THE DAY SO THAT I DON'T HAVE TO GO TO THE MORNING OR EVENING TRAFFIC JAMS. THE STRIP MALL ACROSS THE STREET IS OFTEN FULL CAUSING CUSTOMERS TO PARK ON THE STREET ALREADY. AND THERE IT BECOMES A BOTTLENECK. THOMAS KITCHEN DOES NOT RUN ALL THE WAY THROUGH ON THE OTHER SIDE OF BRODY. IT IS ONLY GOING TO BE TRAFFIC GOING TO THE NORTH. IT DOES NOT, YOU CAN'T ACCESS THOMAS KENON FROM THE OTHER LANE GOING SOUTH. SO THAT MEANS YOU GOTTA TO EITHER GO UP AND TURN AROUND AND MAKE A U-TURN OR YOU GOT TO ACCESS IT THROUGH ONE OF THE OTHER SIDE STREETS, WHICH A LOT OF PEOPLE DO. I'M WORKING IN MY YARD A LOT AND I SEE THAT PEOPLE ARE COMING UP TO MY RIGHT, WHICH WOULD BE EAST AND NOT TO THE WEST TO TURN INTO THAT SHOPPING CENTER THAT'S ALREADY THERE. AND I'M SURE THEY DID THAT FROM THE OTHER WHEN THE OTHER BUSINESS WAS THERE TOO. IT'S JUST VERY CONGESTED AND I'M CONCERNED ALSO ABOUT OUR CITY SERVICES BEING HINDERED TO PICK UP ALL OF THE BINS WE PUT OUT EVERY MONDAY AND, AND THERE NOT BEING ENOUGH PARKING THERE. SO I'M DEFINITELY AGAINST IT. AND UM, I'VE BEEN A RESIDENT FOR 21 YEARS AND I'VE ENJOYED LIVING THERE AND I ENJOY THE ACCESSIBILITY THAT WE HAVE AND I WON'T MOVE REGARDLESS, BUT I AM NOT FOR MORE TRAFFIC AND, AND IT'S ALREADY BAD ENOUGH TO DRIVE IN AUSTIN NOW IT'S COMING TO MY NEIGHBORHOOD. SO I'M VERY CONCERNED. THANK YOU FOR HEARING ME. THANK YOU. THANK YOU FOR YOUR COMMENTS. OUR NEXT SPEAKER IS HENRY OLI. HENRY, YOU HAVE THREE MINUTES. HELLO. THANK YOU FOR HAVING ME. UH, OUR STREET, UH, THOMAS KITCHEN STREET IS ONLY 21 FEET WIDE. IT'S ONE OF THE NARROWEST KINDA STREETS YOU CAN HAVE, UH, TRAFFIC AND WE HAVE A LOT OF, UH, TRAFFIC, UH, BEING, UH, DIRECTED, NOT DIRECTED, BUT DETOURED [00:25:01] OVER TO OUR STREET FROM THE LARGE, UH, STREET CALLED PLANTATION BOULEVARD. IN ORDER TO AVOID THE SPEED BUMPS THAT THEY HAVE ON PLANTATION BOULEVARD. SOMETIMES WE HAVE A LOT OF, UH, WAYMO'S DRIVING THROUGH. UH, MY CONCERN IS ABOUT THE TRAFFIC. UH, I HAVE HAD TO, UH, STOP AND UH, AND TELL PEOPLE, TELL MY NEIGHBORS TO MOVE THEIR CARS FROM AWAY FROM THE CURB SO THAT THE UH, TRASH TRUCK CAN GET THROUGH. THE TRASH TRUCK WAS ACTUALLY BLOCKED BY THE CARS THAT WERE PARKED ON BOTH SIDES OF THE, UH, OF THE STREET. AND SO WE HAVE A, UH, A LOT OF CAR TRAFFIC AND WE HAVE A LOT OF CONGESTION THERE ALREADY. AND I'M AFRAID THAT, UH, BY HAVING TRAFFIC AND CAR PARKING, UH, SPILLING OVER FROM THE, UH, 8 0 1 1 BUILDING WILL MAKE IT WORSE THAN IT ALREADY IS. AND OF COURSE THEY SAY THERE'S, THERE'S ONLY GONNA BE 12 PARKING PLACES AND THAT THEY'RE NOT GONNA EXPAND THE, THE PARKING PLACES IF THEY HAVE EVERYTHING THEY NEED. WHY WOULD THEY WANT TO, UH, CHANGE REZONE IF THEY'RE NOT GONNA BUILD MORE BUILDINGS? WHY WOULD THEY REZONE? YES. SO I, UH, I FEEL LIKE, UH, IT'S BETTER THAT WE NOT REZONE AND THAT THEY FIND WAYS TO MAKE THE ZONING THEY ALREADY HAVE USEFUL TO THEM. THAT'S ALL. THANK YOU. THANK YOU. AND CHAIR, THAT CONCLUDES THE SPEAKERS FOR THIS ITEM. AND THEN YOU NOW THE APPLICANT HAVE YOUR, YOUR REBUTTAL. YES. THANK YOU AGAIN. UM, SO A COUPLE OF THINGS. ONE, THE REZONING COMPONENT THAT HAS TO DO WITH CHANGING THE NUMBER OF, UM, CARS PER DAY OR THE, THAT IS NOT, THAT WAS NOT OUR REQUEST. AND IN FACT, UM, MR. MICHAEL WILL CONFER WILL AT LEAST MAKE YOU AWARE THAT WE DO NOT INTEND TO HAVE, WE DID NOT REQUEST THAT. AND SO THAT'S SOMETHING THE CITY IS ASKING FOR BECAUSE IT'S A PART OF WHAT THEY DO WITH THESE TYPE OF REQUESTS. SO IF THAT COULD BE REMOVED, THAT I THINK WILL HELP TO CLARIFY AND PERHAPS MAKE THE MEMBERS OF THE COMMUNITY AWARE THAT WE ARE NOT TRYING TO BREAK THE BUILDING DOWN AND BUILD A LARGE, YOU KNOW, STRUCTURE THAT'S GONNA HAVE HUNDREDS OF CARS EACH DAY, ET CETERA. THAT IS NOT THE INTENTION. THE FACILITY IS GOING TO BE USED AS AN INJURY CONSULTATION AND REHAB FOR INJURED FEDERAL WORKERS, POSTMAN, FIREMAN, CITY EMPLOYEES, STATE EMPLOYEES. IT'S A DOL TYPE OF INJURY PREVENTION FACILITY. IN ORDER FOR THAT TO OPERATE, THEY CAN ONLY HAVE A CERTAIN NUMBER OF PEOPLE AT THE FACILITY AT A TIME. IT'S A VERY SMALL FACILITY. THEY CAN'T HAVE 30 PEOPLE HERE AT A TIME BECAUSE IT'S ONE-ON-ONE INJURY TYPE REHAB. THERE'S NOT GOING TO BE AN OPPORTUNITY WHERE, OR ANY SITUATION WHERE THERE'S GOING TO BE THAT MANY PEOPLE WHERE THERE'S GOING TO BE OVER SPILL ONTO THE STREETS. AND I UNDERSTAND THAT THE NEIGHBORHOODS ARE CONCERNED ABOUT THAT, BUT WE ARE NOT THE STRIP MALL ACROSS THE STREET. WE DON'T HAVE 10 BUSINESSES THAT HAVE NUMEROUS DIFFERENT PEOPLE COMING IN. WE HAVE VERY SPECIFIC CLIENTELE THAT ARE SCHEDULED TO COME IN. THEY HAVE TO COME IN ONLY A SCHEDULED BECAUSE THERE'S A LIMITED SPACE FOR THEM TO DO THEIR REHAB. SO I'M NOT QUITE SURE HOW THE CITY ZONING COMMITTEE DEALS WITH THIS IN TERMS OF THE OVERLAY, BUT THAT'S NOT SOMETHING THAT WE HAVE REQUESTED. RIGHT. AND IF THAT WILL HELP, IF THERE'S SOME WAY FOR US TO REMOVE THAT, THEN I AM, I'M ACTUALLY WITH THE NEIGHBORS ON IT . SO IT'S KIND OF A, IF THAT HELPS THE COMMITTEE IN ANY WAY. OKAY. THANK YOU. THANK YOU. ANY QUESTIONS ON THE CONDITIONAL OVERLAY? I KNOW THERE'S, IT'S JUST COME UP HERE RECENTLY. THAT WAS NOT SOMETHING THE APPLICANT REQUESTED TO CHANGE. WE DON'T GENERALLY INCLUDE CONDITIONAL OVERLAYS THAT HAVE TRIPS PER DAY LIMITATIONS. BUT THIS HAS BEEN IN THERE. IS THERE A WAY TO LEAVE IT IN THERE COMMISSIONER THAT IS NOT, UM, A CONDITIONAL OVERLAY. WE CANNOT LEAVE THAT ITEM AS IS IN THE CONDITIONAL OVERLAY. OKAY. IT'S BEEN A GENERAL PRACTICE, UM, THAT TRANSPORTATION DOES NOT INCLUDE A TRIP. RIGHT. VEHICLE RESTRICTION AND A CONDITIONAL OVERLAY. OKAY, BUT HOW DID IT GET IN IN THE FIRST PLACE AGO? IT'S JUST WITH THE ORIGINAL, THE PREVIOUS ZONING. OKAY. YEAH. DO WE KNOW WHEN THAT WAS? UM, [00:30:02] ENVIRONMENT COMMISSION BACK IN 2004. 2004. 2004. OKAY. THANK YOU. OTHER QUESTIONS? I SO THE APPLICANT UNDER, SO THE PEOPLE YOU FOUR UNDERSTAND WE'RE NOT GONNA MAKE A FINAL DECISION. WE MAKE A RECOMMENDATION TO THE CITY COUNCIL. THE CITY COUNCIL THEN IS THEN GONNA HEAR THE CASE. UM, THERE'S NO DESIRE OF ANYBODY TO INCREASE THE LEVEL OF TRAFFIC ON THE SITE. UM, BUT WE, THE CITY HAS CHANGED ITS POLICY SINCE 2004 AND WE NO LONGER PUT LIMITATIONS ON HOW MANY TRIPS PER DAY CAN COME OUT OF A BUILDING. SO AS THE CITY IS REMOVING THE 300 TRIPS PER DAY, NOT THE APPLICANT, THE APPLICANT IS SIMPLY CHANGING THE USE OF THE BUILDING FROM AN INSURANCE BUILDING TO A MEDICAL BUILDING UNDER THE CURRENT ZONE. AND YOU CAN'T USE THE REHABILITATION THAT HE WANTS TO PUT IN THE FACILITY UNDER THE CURRENT ZONING. SO BY CHANGING THE ZONING TO A DIFFERENT USE, IT ALLOWS HIM TO DO WHAT HE WANTS TO DO. THE TRIPS PER DAY IS SOMETHING STAFF IS CHANGING BECAUSE THAT'S OUR NEW POLICY WITHIN THE CITY OF AUSTIN. SO THEY'RE NOT CHANGING ANYTHING. WE'RE MAKING A RECOMMENDATION TO THE CITY COUNCIL. UM, AND AS THIS MOVES FORWARD, I WOULD ENCOURAGE YOU TO WORK WITH THE APPLICANT, TALK WITH THEM MORE, TALK WITH CITY STAFF MORE ABOUT WHAT'S GOING ON BEFORE IT GOES TO CITY COUNCIL FOR FINAL APPROVAL. IT GENERALLY HAS THREE READINGS AT CITY COUNCIL, SO IT'LL BE HEARD AT LEAST TWO MORE TIMES. UH, SOMETIMES I WILL COMBINE FIRST AND SECOND READING TOGETHER AND THEN THE THIRD READING, I UNDERSTAND EXACTLY WHAT'S GOING ON WITH THIS STREET. I'VE BEEN DRIVING UP AND DOWN BRODY LANE SINCE 1985, UM, LONG BEFORE IT WAS A DIVIDED ROADWAY BACK WHEN IT WAS JUST BARELY A TWO-LANE ROADWAY . UM, SO I'VE LIVED IN THIS NEIGHBORHOOD SINCE THE SIXTIES AND I'VE BEEN DRIVING DOWN BRODY LANE SINCE 1985. UH, SO I FULLY UNDERSTAND EXACTLY WHAT THIS LOOKS LIKE DOWN THERE. UM, I THINK IT'S A GOOD USE OF THE BUILDING. UM, I DON'T THINK IT'S GONNA CHANGE YOUR TRAFFIC IN IN THE AREA. UH, I THINK YOU CAN WORK WITH STAFF AND UNDERSTAND THAT MORE FULLY AND I'LL BE GLAD TO VISIT WITH YOU AS WELL. YES. UM, WITHOUT EVEN LOOKING AT THE MERITS OF THE CASE, I WAS CONCERNED IMMEDIATELY BECAUSE THE RECOMMENDATION IS TO REMOVE A CONDITIONAL OVERLAY AND YES, WE SEE THESE REMOVED ALL THE TIME, BUT THIS IS BEING DONE CONTRARY TO WHAT IT SAYS IN THE NOTICE AND CONTRARY TO WHAT IT SAYS IN THE AGENDA. I'M NOT SURE WHAT IS NEEDED TO, UM, CORRECT THAT SITUATION. UM, WHETHER IT'S JUST HAVING THE AGENDA SAY THAT THIS IS TO CHANGE FROM THIS TO IT, IT CAN'T SAY CO AND THEN WE VOTE FOR NO CO 'CAUSE THAT'S REMOVING A CONDITIONAL OVERLAY WITHOUT THE UM, CLEAR OPEN MEETINGS OR CLEAR UM, NOTICE. SO COMMISSIONER, WE HAVE CONSULTED WITH THE LAW DEPARTMENT ON THIS AND UM, THEY HAVE LET US KNOW THAT THE STAFF RECOMMENDATION CAN MOVE FORWARD AND THAT WE CAN PRIOR TO COUNSEL WORK THROUGH THE PROCESS THAT NEEDS TO BE DONE IN ORDER. UM, FOR THE CO TO, I MEAN THANK YOU . YOU MAY ASK IT A SLIGHTLY DIFFERENT WAY. CAN WE MAKE A MOTION TO APPROVE IT WITHOUT CHANGING THE CO AS OUR COMMISSION AND THEN LET YOU GUYS WORK OUT THE CO BEFORE IT GOES TO CITY COUNCIL, MAKE A COMMISSION, MAKE A RECOMMENDATION WITHOUT THE CO, WITHOUT CHANGING THE CO? YES YOU CAN. OKAY. SO WE CAN BASICALLY, SO WE CAN MAKE A RECOMMENDATION, IGNORE THE CO LEAVE THE 300 TRIPS PER DAY IN THERE. YOU GUYS WORK IT OUT WITH CITY COUNCIL, WORK WITH THE NEIGHBORHOOD, WORK WITH THE APPLICANT SO THAT EVERYBODY UNDERSTANDS WHAT'S GOING ON, BUT WE WOULD NOT BE TOUCHING THAT AS WE MOVE FORWARD. CORRECT. OKAY. AND I WOULD ABSOLUTELY THINK THAT THE BETTER ALTERNATIVE HERE IS FOR US TO POSTPONE FOR TWO WEEKS TO GIVE THE APPLICANT AND THE NEIGHBORS SOME TIME TO HAVE CONVERSATION. IT IS NOT FACTUAL THAT THERE'S THREE SEPARATE READINGS OR AT LEAST TWO. THERE'S OFTEN CASES PASSED ON ALL THREE READINGS. YES. AT ONE MEETING. SO, UM, I MOVE THAT WE POSTPONE THIS CASE FOR UNTIL OUR NEXT MEETING AND GIVE THE APPLICANT AND THE NEIGHBORS SOME OPPORTUNITY TO POSSIBLY WORK OUT CONDITIONAL OVERLAYS THAT THEY MIGHT BE COMFORTABLE WITH. SINCE THE REZONING IS NOT REALLY TO MAKE ANYTHING LARGER, IT'S ONLY TO ADD THE USE. SO I'VE SEEN THAT DONE AND THEN THEY KEEP THE, UM, SITE DEVELOPMENT STANDARDS WHERE THEY ARE. THAT'S POSSIBLE. I HAVEN'T EVEN LOOKED AT THE DIFFERENCE BETWEEN LO AND NO. YEAH. BUT THAT'S SOMETHING THAT, UM, PEOPLE IMPACTED BY THIS CASE SHOULD LOOK AT. SO I MOVE THAT WE POSTPONE [00:35:04] COME ON UP. WE HAVEN'T CLOSED THE PUBLIC HEARING SO HOW COME FORGOT ? IS IT A QUESTION FOR YOU? IS IT OKAY IF WE POSTPONE THIS ON MAY 5TH, TWO WEEKS? I WOULD PREFER NOT TO, BUT OH YEAH, SURE. WE DEFINITELY WOULD PREFER NOT TO. WE HAVE ACTUALLY BEEN WAITING FOR A WHILE. OKAY. AND SO IT SEEMS LIKE THE ISSUE AT HAND IS NOT THE LO TO END, YOU KNOW, SO WE ARE POSTPONING FOR THE WRONG REASON. RIGHT. UNDERSTAND WE DON'T, WE HAVE NO INTEREST IN, IN, UH, INDICATION. I THINK WHAT YOU RECOMMENDED TO MOVE FORWARD AS IS WHERE A CONDITIONAL OVERLAY STAYS WOULD MAKE SENSE TO ME. OKAY. AS THERE IS DOESN'T SEEM TO BE ANY SORT OF DISPUTE AS TO THE OTHER PART OF THE ZONING CHANGE. OKAY. A TWO WEEK POSTPONEMENT AT THIS COMMISSION IS UNLIKELY TO EVEN IMPACT WHEN THIS GOES TO COUNCIL, BUT IT'LL WASTE TIME. YEAH. I MEAN LIKE THIS IS A, WE WE'VE ALREADY HEARD IT AND THE ISSUE HERE IS NOT BETWEEN THE APPLICANT AND THE NEIGHBORS. IT'S, IT'S AN ISSUE BETWEEN THE APPLICANT AND STAFF OR REALLY STAFF AND, AND THE, AND THE NEIGHBORS. EXCUSE ME, ALSO LIKE IT'S A, IT'S A PHYSICAL THERAPY OFFICE FOR VETERANS. YOU KNOW, WE'RE ADDING USE, WE SHOULD APPROVE THE USE IF WE CAN KEEP THE CONDITIONAL OVERLAY IN PLACE, LET CITY STAFF FIGURE IT OUT AFTER THIS. IT'S MEAN. WE CAN START THAT PROCESS TONIGHT. WE'RE GOING FROM NEIGHBORHOOD OFFICE TO LIMITED OFFICE. THAT'S AN UPZONING. NO IT ISN'T BECAUSE IT DOESN'T, IT IS NOT A RETAIL USE. YOU CAN PUT HOUSING ABOVE A MEDICAL OFFICE, BUT IT'S NOT ADDING RETAIL CENTER. WHAT YOU CURRENTLY HAVE ALLOWS YOU TO ADD MORE SCRIPT CENTER TO THAT LOCATION WITH NO. SO THIS IS ACTUALLY A DOWN ZONING. I DON'T KNOW WHAT WELL THEY'RE KEEPING, THEY'RE KEEPING THE MU YEAH THEY'RE KEEPING MU SO THAT THEY COULD PUT HOUSING ABOVE IT IF THEY WANTED TO. BUT UM, NO IS FOR RETAIL FOCUSED. YES. UH, THE UH, I MEAN YES, LIMITED OFFICE CAN GO TALLER. YES. I MEAN I GET THAT BUT ACTUALLY THE USES, THE USES ARE DIFFERENT. I WOULD SAY THAT WE, SO THIS IS A DOWN ZONING. I DON'T SEE WHAT THE CONTROVERSY IS. I WOULD JUST SAY WE SUPPORT S RECOMMENDATION. I MEAN IT'S A PHYSICAL THERAPY OFFICE FOR VETERANS AND FIREFIGHTERS. RIGHT. IT'S A DOWN ZONING. UH, THIS SEEMS COMPLETELY UNCONTROVERSIAL. I MEAN I'LL LET THE LAW DEPARTMENT HANDLE THE LAW STUFF. UM, STAFF SAYS THAT WE CAN MOVE FORWARD WITH IT. I SAY WE MOVE FORWARD WITH IT. UH, I I'D LIKE TO MOVE TO CLOSE THE PUBLIC HEARING. OH YEAH. SECOND'S DO THAT. YEAH. OKAY. WE HAVE A MOTION. SECOND TO CLOSE THE PUBLIC HEARING. ALL THOSE PAPERS SAY AYE. OKAY. MOTION IS PO I MEAN MY UNDERSTANDING IS IT IS TECHNICALLY AN UP ZONING FROM N NO TO L GOING, BUT IT'S MINIMAL. THAT'S NOT AN IMPACT ONE WAY OR THE OTHER. UM, OKAY, SO RIGHT NOW WE HAVE A MOTION TO POSTPONE. DO I HEAR A SECOND TO POSTPONE HEARING NONE THAT MOTION DIES. DO I HEAR ANOTHER MOTION? I MOVE TO APPROVE STAFF RECOMMENDATION. OKAY. DO I HEAR A SECOND? SECOND? DO I ANYBODY WANT TO DISCUSSION ON THE SECOND? AND THE MOTION IS TO APPROVE THE ZONING BUT LEAVE THE CO ALONE? NO. OH NO. THIS IS THE STAFF RECOMMENDATION. SO WE WOULD BE REMOVING THE CO JUST THE STRAIGHT RECOMMENDATION. HANG ON. I THINK WE'RE SAYING THE SAME THING. I WOULDN'T BE RECOMMENDING THE APPLICANT'S REQUEST. UM, I WOULD BE RECOMMEND I'M, I AM MOVING TO APPROVE STAFF'S RECOMMENDATION, WHICH IS LOMU. OKAY. IS THAT NOT THE STAFF RECOMMENDATION? WELL I THOUGHT YOU WANTED TO KEEP THE CO ON THERE. IT'S STAFF RECOMMENDATION IS L-O-M-U-C-O. YEAH. MY RECOMMENDATION, MY, SO MY MOTION IS JUST TO APPROVE WHAT IT'S WRITTEN HERE. THAT'S A STAFF STAFF RECOMMENDATION. OKAY. OKAY. STAFF IS RECOMMENDING TO REMOVE THE CO, RIGHT? SO HE'S MAKING THE MOTION TO REMOVE THE CO. OKAY, I SEE. THANK YOU. TO BE CLEAR, , OKAY, SO THE MOTION IS TO GO FROM N-O-M-U-C-O TO LOMU PERIOD. OKAY. ANY DISCUSSION ON THAT? I REALLY THINK THAT'S AN ILLEGAL MOVE BECAUSE THAT'S NOT THE WAY IT WAS NOTICED AND THAT'S NOT THE WAY IT POSTED. ARE YOU A LAWYER? THE LAW DEPARTMENT SAID THAT THIS IS SOMETHING WE CAN DO. RIGHT? OKAY, HANG ON. I'M JUST SAYING WE'VE, WE'VE ASKED THE STAFF AND STAFF HAS SAID THAT THEY'VE CHECKED WITH LEGAL AND LEGAL SAID THAT'S OKAY TO DO IT THAT WAY. SO I THINK WE'RE OKAY BY STAFF AND BY LEGAL DEPARTMENT TO GO THROUGH THAT DIRECTION. I UNDERSTAND YOUR CONCERN. THAT IS, THAT IS CORRECT. OKAY. WE HAVE SPOKEN WITH THE LAW DEPARTMENT. OKAY. WE HAVE A MOTION TO SECOND ANY MORE DISCUSSION? IF NOT, ALL THOSE IN FAVOR SAY AYE. [00:40:02] OPPOSED? OKAY. IS 1, 2, 3, 4, 5, 6 TO ONE. WHY DO I COUNT SIX TO ONE? I THOUGHT THERE WERE EIGHT OF US. I THOUGHT THERE WERE THERE, THERE WAS SOMEBODY ELSE THAT WAS ON EARLIER AND THEY'RE NO LONGER ON COMMISSIONER CORTEZ. COMMISSIONER COR CORTEZ NO LONGER. OKAY. OKAY. SIX TO ONE. SO THE MOTION PASSES, BUT AGAIN, I WOULD ENCOURAGE THE, THE NEIGHBORS TO VISIT WITH THE APPLICANT, VISIT WITH THE CITY AND UNDERSTAND, BECAUSE I DON'T THINK IT'S AS BAD AS WHAT YOU'RE THINKING IT IS. WE'RE THEY'RE NOT REALLY PROPOSING TO INCLUDE A LOT MORE TRAFFIC. UH, IT'S JUST THAT HAS TO BE REMOVED AS A RESULT OF THE CHANGE IN THE POLICIES OF THE CITY. AND I'LL BE GLAD TO VISIT WITH YOU TOO AFTER THE MEETING. OKAY. UM, THAT IS APPROVED. GOING ON THROUGH OUR AGENDA. [10. Discussion and action to approve a recommendation to the Austin City Council regarding the division of responsibilities between the Zoning and Platting Commission and the Planning Commission. (Sponsored by Commissioner Osta Lugo and Chair Smith) ] WE HAVE ITEM 10, DISCUSSION AND ACTION ON THE RECOMMENDATION TO THE CITY COUNCIL REGARDING THE DISCUSSION OF RESPONSIBILITY BETWEEN THE ZONING AND PLANNING COMMISSION AND THE PLANNING COMMISSION. I UNDERSTAND THAT THERE'S A MEMO THAT HAS BEEN WRITTEN BY COMMISSIONER TAYLOR MAJOR, UH, BUT WE DO NOT HAVE THAT, UH, WE CAN GO PULL, PULL IT UP FOR YOU ON, I THINK HE WANTED TO TALK ABOUT IT MORE AT LENGTH. YEAH, SO I TOLD HIM TO LEAVE IT ON THE AGENDA, BUT IF WE WANT TO JUST WAIT UNTIL HE'S BACK NEXT IN TWO WEEKS, I KNOW HE WORKS REALLY HARD TO PREPARE FOR IT. OKAY. SO I, I WOULD WANT TO HIM TO GET THE OPPORTUNITY TO PRESENT HIS WORK AND IF YOU CAN SEND IT OUT TO ALL OF US SO WE CAN SEE IT BEFORE THE NEXT MEETING IN MAY. WE'LL BRING THIS UP IN MAY AND TALK ABOUT IT THEN. OKAY? YES. OKAY. THANK YOU. NO, I AGREE. UH, I SPOKE WITH HIM ABOUT IT AT LENGTH AND RIGHT. I THINK IT WOULD BE BENEFICIAL TO HEAR HIS, UM, YOU KNOW, UNDERSTANDING OF IT AND HIS THOUGHT PROCESS BEHIND IT. OKAY. UH, [PERMANENT COMMITTEE UPDATES ] PERMANENT COMMITTEE UPDATES, CODES AND ORDERS TO JOINT COMMITTEE. NOTHING. NEW CONFERENCE PLAN, JOINT COMMITTEE. NOTHING NEW. NOTHING NEW THERE. SMALL AREA PLANNING JOINT COMMITTEE. NO UPDATES TODAY. 14. WE JUST TALKED ABOUT. ANY FUTURE AGENDA ITEMS? HEARING NONE. WE ARE ADJOURNED. THANK Y'ALL VERY MUCH. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.