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[00:00:07]

ALL RIGHT.

THANK YOU.

THANK YOU, AMY, FOR HELPING US OUT.

UM, IT IS SIX

[ Reading of the Agenda]

OH FIVE ON TUESDAY, MAY 12TH IS THE PLANNING COMMISSION MEETING VIA VIDEO CONFERENCE.

WE HAVE A QUORUM, UH, COMMISSIONERS, UH, VERSUS OUR, UH, COMMISSIONER LAYTON, BURWELL MENDOZA AND TYKE ARE ABSENT AT THE MOMENT.

UM, WE HAVE A COUPLE OF CHANGES FROM LAST TIME COMMISSIONERS WHO RECEIVED FEEDBACK FROM YOU, INCLUDING BOBBY LEVINSKY ABOUT US BEING ABLE TO ASK QUESTIONS OF CITIZENS WHILE THEY'RE PROVIDING TESTIMONY ON DISCUSSING CASES.

AND SO, UM, WHAT WERE YOU GOING TO DO DIFFERENTLY TODAY IS TO TAKE A 10 MINUTE RECESS BEFORE A DISCUSSION CASE AND ALLOW, UH, AB AND THE CALLERS TO GET LINED UP AND IN QUEUE.

UM, AND THEN WE'LL TAKE UP THE DISCUSSION CASE, BUT WE'LL DO THAT BEFORE EACH DISCUSSION CASE AND WE'LL HAVE THE CHANCE TO JUST ASK THEM QUESTIONS, UM, UH, AFTER THE PUBLIC HEARING IS CLOSED.

AND, UH, WE CAN ALSO, UM, SO JUST MAKE SURE THAT YOU WRITE THEIR NAMES DOWN.

AND SO IF YOU KNOW WHO YOU WANT TO ASK A QUESTION.

UH, ALSO WE HAD SOME TECHNICAL ISSUES LAST TIME, SO A COUPLE OF IMPROVEMENTS WERE DONE.

WE JUST WANT TO BE, UH, AWARE THAT THERE MAY BE A COUPLE OF SECONDS LAG IN THE AUDIO AND A COUPLE OF MINUTES OF DELAY ON ATX AND WHETHER YOU'RE ON WATCHING ON THE WEBSITE OR ON TV.

OTHER THAN THAT, I'M MUTE WHEN YOU'RE NOT SPEAKING.

UH, HAVE YOU READ IN GREEN ANDY FOR ANA AND I WILL BEGIN BY, UH, READING THE AGENDA.

SO ITEM EIGHT ONE IS APPROVAL OF MINUTES FROM APRIL 28 ITEM B ONE SP 20 1402 SIX TWO C X T TO CA LANTANA BLOCK P THREE IS A DISCUSSION CASE ITEM B TO REZONING A C 14 2019 ZERO ZERO ZERO THREE THE ANTENNA BLOCK PILAT THREE.

THIS IS ALSO DISCUSSION CASE AND TYPE TWO B ONE B THREE IS A RESTRICTIVE COVENANT AMENDMENT 1485 TO 88 AT EIGHT RCA FIVE LANTANA BLOCK P LOT THREE IS ALSO A DISCUSSION CASE RELATED TO B ONE AND B.

TWO BEFORE IS A REZONING.

SEE 14 2020 OH OH SEVEN, 2001 GUADALUPE.

THIS IS ON CONSENT.

THE FIVE IS A PLAN AMENDMENT.

NPA, 20 2003 ONE DOT OH ONE 88 OH THREE NORTH MOPAC.

THIS IS ON CONSENT ITEM SIX RESULTING.

SEE 1420 2001 THREE 88 OH THREE NORTH MOPAC.

THIS ITEM IS ALSO ON CONSENT AS A PLAN AMENDMENT NPA 20 1901 SIX OH ONE NINE 14 SHADY LANE.

THIS IS POSTPONED BY THE NEIGHBORHOOD TO MAY 26TH ITEM B EIGHT REZONING C 14 2019 OH 98 SHADY LANE MIXED USE.

THIS ITEM IS ALSO POSTPONED BY THE NEIGHBORHOOD TO MAY 26TH ITEM NINE IS A PLAN AMENDMENT.

NPA.

20 1702 ONE DOT OH ONE 45 30 EAST BEN WHITE.

THIS ONE IS A DISCUSSION CASE B.

10 REZONING C 1420 1901 SIX SEVEN 45 30 EAST BEN WHITE.

THIS ONE IS ALSO A DISCUSSION ITEM RELATED TO BENIGN.

UH, ITEM B.

11 C EIGHT 1420 1801 TWO ONE TWO 18 SOUTH LAMAR.

THIS IS A DISCUSSION ITEM.

B12 C 14 2020 OH OH THREE TO A FREEDMAN'S.

THIS IS ON CONSENT ITEM B.

13 C 1420 2003 SIX EIGHT 27 WEST 12TH.

THIS IS ALSO ON CONSENT ITEM B 14 C 1420 1901 OH SEVEN DOT S H DIAMOND 42 THIS WAS POSTPONED BY STAFF TO JUNE 23RD ITEM B 15 AS A RESULTING.

SEE 14 2020 OH OH ONE NINE CHURCH OF CHRIST AT EAST SIDE.

THIS IS ON CONSENT ITEM 16 B 16 IS A PRELIMINARY PLAN.

C EIGHT 20 1901 ONE TWO TWILIGHT GARDENS PRELIMINARY.

THIS IS A DISCUSSION ITEM.

UH, B 17 RESUB DIVISION.

CA 20 1903 FIVE OH EIGHT, UH, RE SUBDIVISION OF LOT 34 WALNUT HILLS SECTION FOUR.

THIS IS ON CONSENT.

B 18

[00:05:01]

RESUB DIVISION.

CA 20 1901 FOUR ZERO DOT OH EIGHT BUT A LITTLE KENNY SUBDIVISION.

THIS IS ON CONSENT ITEM B 19 IS A RESUB DIVISION.

CA FOUR OH FOUR THREE DOT OH NINE DOT THREE EIGHT DOT S H A BIRKMAN TOWER.

THIS ONE IS POSTPONED BY STAFF TO MAY 26TH.

UH, ITEM 20 IS APPLIED VACATION.

C EIGHT S 78 OH 98, UH, VAC SELLS, UH, SPEAR EDITION.

THIS IS ON CONSENT.

ITEM 21 IS A SITE PLAN TO P SPC 20 1905 NINE ZERO EIGHT 76 THIS IS SUPPOSED TO BOND WITH THE APPLICANT THROUGH MAY 26TH ITEM B 22 IS A SITE PLAN EXTENSION SPC 20 1404 FOR C X TWO TO SUNSET RIDGE COMMISSION IS 10TH MAN.

THIS ONE IS ON CONSENT.

AND FINALLY BE 23 RANDOMLY VACATION ONE DEPUTY SIX DASH ONE NINE ZERO ONE THIS IS A DISCUSSION ITEM AND WE HAVE NEW BUSINESS FOR UH, ELECTION NOMINATION AND ELECTION OF PLANNING COMMISSION OFFICERS, UH, D IS DENIED A COMMISSION.

ANY QUESTIONS OR CHAIR? THIS IS SUBMITTING YOUR SHAW.

UM, I, THE REQUESTED THAT WE, UH, DISCUSS, UH, BEFORE IT WAS ON, UH, FOR DISCUSSION LAST TIME AND NOW IT'S BEEN PULLED FOR CONSENT, BUT I STILL HAD QUESTIONS THAT, UM, I FEEL LIKE IT JUST, I THINK WE SHOULD DISCUSS IT.

THANK YOU SO MUCH FOR SHAWN.

THAT ITEM HAS BEEN PULLED FOR DISCUSSION.

COMMISSIONER SEEGER PLEASE UNMUTE.

YES, I JUST WANTED TO SAY THAT I SECOND COMMISSIONER SHOT'S REQUEST.

OKAY.

THANK YOU.

COMMISSIONER CIGARETTE.

ANY OTHER COMMENTS OR RECUSALS? MR. ANDERSON? GOOD QUESTION.

SO, UM, I'M GLAD STAFF FIGURED OUT A WAY TO BE ABLE TO HAVE SPEAKERS SPEAK ON THE ITEM THAT'S ALSO GOOD THAT HOPEFULLY SPEAKERS DON'T HAVE TO WAIT AROUND TOO LONG.

UM, THEY CAN JUST JOIN FOR THEIR ITEM.

BUT I THINK I HEARD YOU SAY THAT WE'RE GOING TO TAKE A 10 MINUTE RECESS BEFORE EACH DISCUSSION ITEM AND I'M COUNTING NINE ITEMS. I KNOW SOME OF THESE ARE TOGETHER, BUT IS THE 10 MINUTES, IS THERE ANY WAY THAT 10 MINUTES COULD BE FIVE MINUTES? I'M JUST WORRIED THAT IT'S A LOT OF, A LOT OF RECESS.

YEAH.

SO THIS PROCESS EVOLVING.

THANK YOU FOR COMING TO ANDERSON.

WE'RE GOING TO TRY THE FIRST ONE WITH THE 10 MINUTES.

IF, IF STAFF TELLS US THEY ARE, THEY WERE ABLE TO DO IT IN THREE, THEN WE'LL DO FIVE OR SOMETHING.

WE'LL JUST EVOLVE THROUGHOUT THE NIGHT.

THANKS FOR MAKING THAT COMMENT.

ANY OTHER, I'M RECUSING FROM ITEM AND BE 23.

UH, MY STAFF IS WORKING ON THAT RIGHT AWAY VACATION.

SO LET THE RECORD REFLECT THAT.

ANY OTHER QUESTIONS OR RECUSALS WELCOME CHEMISTRY AS OUR, ANY OTHER, OKAY.

UM, SO LET'S TAKE UP THE CONSENT ITEMS. I'M GOING TO REFER REAL QUICK TO MY SPEAKER LIST.

.

OKAY.

UM,

[Consent Agenda]

SO THE CONSENT ITEMS, COMMISSIONERS ARE ITEMS, UH, B SIX, UM, 12, 13, 15, 17, 18, 20 AND 22 AND THE APPROVAL OF THE MINUTES.

DID I MISS ANYTHING? A AND I'M FINE.

DID I MISS THAT INCLUDES FIVE AS WELL.

THANK YOU.

THANK YOU.

UH, SO THAT'S THE CONSENT AGENDA.

UH, I HAVE A SPEAKER SIGNUPS AND NOW WE GET JOSEPH TO SPEAK ON THE CONSENT AGENDA ITEM.

IS MS. JOSEPH ON THE LINE IF YOU ARE PLEASED TO INTRODUCE YOURSELVES AND TELL US WHICH ITEM YOU'RE SPEAKING TO.

NO, WE HAVE PLAQUES AND WE'LL WAIT HERE FOR A SECOND.

MS. JOSEPH? YES, MR CHAIRMAN.

I INITIALLY SIGNED UP FOR 14, BUT I SENT COMMENTS ON B TWO, WHICH IS A DISCUSSION ITEM.

I GUESS IT'S A TICKET.

14 IS POSTPONED AND TWO IS A DISCUSSION ITEM, SO IF YOU'LL MMM.

IF YOU'LL HANG AROUND FOR THAT.

OKAY.

WE'LL GET, WE'LL GET TO THE CONSENT AGENDA DISPOSED AND THEN WE'LL COME BACK TO THE DISCUSSION

[00:10:01]

CASES.

THANK YOU.

MS FERRIS, IS THE CONSENT AGENDA CLEAR? IS THERE A MOTION MOTION BY COMMISSIONER SEEGER? SECOND BY MR. ANDERSON.

ALL THOSE IN FAVOR RAISE YOUR GREEN ITEM ANY OPPOSED? OKAY.

MOTION CARRIES.

13 ZERO.

SO WE'RE GOING TO MOVE THIS RIGHT ALONG.

WE HAVE TO, IF, IF, UH, IF OUR STAFF LIAISON ANDREW IS ON, WE NEED TO DO 10 MINUTES FOR THIS FIRST ONE AND CAN WE JUMP RIGHT INTO IT? I BELIEVE WE HAVE ALL PARTIES AVAILABLE AT THIS TIME.

OKAY.

THANK YOU FOR CONFIRMING THAT.

SO WE'RE GOING TO TAKE YOU ONE, TWO

[Items B1 - B3]

AND THREE ALTOGETHER AND WE HAVE STAFF START US OFF WITH THE PRESENTATION OR, OR JUST THERE AUDIO PRESENTATION.

STAFF ON THE LINE.

IS ANDY OR WENDY ON THE LINE? ANDY OR WENDY OR AAV OR ANDREW .

MICHAEL WHALEN.

CAN YOU HEAR ME? WE CAN HEAR YOU, MICHAEL.

WE'RE UM, STAFF TRYING TO FIGURE THIS OUT.

SO, UM, JUST STAND BY.

HAPPY TO GIVE THIS PRESENTATION.

APPRECIATE THE OFFER.

WE'RE JUST WAITING ANOTHER MINUTE TO SEE IF WE CAN GET THIS SORTED OUT.

WHILE WE'RE WAITING, IT'S THE, IT'S THE 19TH DAY OF RAMADAN.

AND SO, UH, I'M GOING TO STEP OUT HERE AT EIGHT 15 AND VICE JERRY CANDY WILL TAKE OVER FOR A FEW MINUTES.

[00:15:06]

ARE THERE ANY STAFF CALL ENTERS.

OKAY.

WELCOME TO WEBEX.

ENTER YOUR ACCESS CODE OR MEETING NUMBER FOLLOWED BY ENTER YOUR ATTENDEE ID NUMBER FOLLOWED BY POUND.

HEATHER CHAPMAN IS HERE.

GREAT.

I THINK WE'RE BACK.

I THINK WE HAVE REESTABLISHED THE CONNECTION.

WE SHOULD BE HEARING THE CALLING STAFF.

ANDREA ATTENDEE ID NUMBER.

WOW.

OTHER TRACKING MATERIALS THAT'S HAPPENED THIS YEAR.

OKAY.

THIS ANDREW LYNN TYSON.

WE SHOULD BE HEARING MITCHELL WITH ATD.

THE MISSIONARIES WERE GOING TO TAKE A 15 MINUTE RECESS.

SORRY.

GREAT.

I STARTED HERE.

IT'S SIX 39 WE HAVE A COURTROOM.

UH, COMMISSIONERS, ANDERSON SHAW AND HOWARD, UM, AREN'T BACK ON YET.

I'D LIKE TO RECONVENE THIS PLANNING COMMISSION MEETING.

UM, ITEMS BE ONE, TWO AND THREE.

WE HAVE STAFF ON THE LINE.

ANY WOULD YOU, UH, GET US STARTED? YES, SIR.

THANK YOU, CHAIR.

THIS IS ANDREW .

I'M THE ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES.

TODAY WE'RE GOING TO RESUME OUR DISCUSSION OF THE LANTANA BLOCK P LOT THREE PROJECT CONSENT AGREEMENT.

UM, THERE'S A SUMMARY LETTER THAT WAS PROVIDED IN THE BACKUP, UM, THAT OUTLINES THE TERMS. THIS IS A PROJECT CONSENT AGREEMENT IS USED TO AS A WAY TO SETTLE A DISAGREEMENT, UM, WITH AN APPLICANT ABOUT THEIR VESTED RIGHTS AND IN THIS CASE DAVE MONTANA BLOCK THREE AND BLOCK THREE PROJECTS, UM, HAS FIVE PHASES.

THE FIRST FLOOR HAD BEEN CONSTRUCTED.

UM, AND OUR DISAGREEMENT IS ABOUT ADDING A MIXED USE MULTIFAMILY TO THE

[00:20:01]

PROPOSED SITE PLAN.

UM, THE TERMS THAT WE HAVE COME UP WITH, UM, ARE THAT PHASE FIVE WOULD BE LIMITED TO 17.6 ACRES THAT ADDS 0.1 ACRE TO THEIR EXISTING ENTITLEMENT, UM, WHICH THEY WILL PROVIDE TREATMENT FOR, UM, TO ALLOW THE EXPANSION OF A DECK FOR THE RESTAURANT.

UM, AS PART OF THIS AGREEMENT, THE APPLICANT HAS PROPOSALS TO DEDICATE TO THE CITY 6.3 TO SIX ACRES KNOWN AS LOT EIGHT BLOCK P, UM, WHICH WILL BECOME PARKLAND.

OUR NATURAL AREA.

UM, WE'VE WORKED HARD WITH THE PARKS DEPARTMENT TO DETERMINE THE CREDITS THAT WOULD BE PROVIDED.

UM, IT'LL BECOME A NEIGHBORHOOD PARK FOR THIS.

THE APPLICANT ASKED TO EXTEND UM, BY TWO YEARS THE LIFE OF THE SITE PLAN, UM, TO GIVE THEM TIME.

GIVEN THE CURRENT ECONOMIC CRISIS, THEY ASKED FOR TWO ADDITIONAL YEARS, UM, WHICH WOULD BRING THE LIFE OF A SITE DEVELOPMENT PERMIT OUT TO APRIL 30TH, 2024.

UM, AS PART OF THE ENVIRONMENTAL COMMISSION RECOMMENDATION, THE COMMISSION RECOMMENDED THAT THE APPLICANT DEDICATE ADDITIONAL LAND TO ACHIEVE A 25% NET SITE IMPERVIOUS COVER FOR THE PHASE FIVE.

UM, INSTRUCTION.

THE AFRICAN HAS WORKED TO FIND THAT FINDING AN APPROXIMATE AREA THAT THEY CAN USE.

UM, AND WE'LL BE DOING THAT PRIOR TO RELEASE OF THE SITE DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF THE MULTIFAMILY.

UM, IN ADDITION, THERE IS HIS OWN CASE ON THIS AGENDA WITH IT.

UM, THAT ADDS THE MIXED USE.

UM, THERE WOULD BE A LAW OUT UNDER THE, UH, UNDER THE PCA THE, THIS, THIS AGREEMENT HAS BEEN SUPPORTED BY, UM, THE SAVE OUR SPRINGS.

I THINK THERE'S A MEMORANDUM TO THE COMMISSION FROM MR LAVINSKY.

UM, AND STAFF PRESENTS AS A RECOMMEND YOUR APPROVAL.

THANK YOU, ANDY.

YEAH.

WOULD YOU LIKE TO DO ITEMS TWO AND THREE? YES.

UH, THIS IS WHEN HE ROSE PLANNING AND ZONING DEPARTMENT.

UH, THIS, THERE'S TWO, THERE'S A REZONING REQUEST TO ADD MIXED USE TO UH, THIS PROPERTY AND THAT WOULD BE FOR DEVELOPING UP TO 400 MULTIFAMILY RESIDENTIAL UNITS ON THE PORTION OF THE PROPERTY.

THIS AGREEMENT HAS BEEN SUPPORTED BY AND UH, SO THERE'S TWO TRACKS.

ONE WOULD BE GRM, YOU NP AND ONE WOULD BE CS AND P THE CEO WAS ESTABLISHED BY 2018.

UM, THERE'S ALSO A RELATED AMENDMENT TO THE RESTRICTIVE COVENANT TO REMOVE THE PROVISION THAT ESTABLISHES THE MAXIMUM SQUARE FOOTAGE THAT CAN BE DEVELOPED ON THE PROPERTY OR FAR.

AND UM, STAFF IS SUPPORTING THESE APPLICATIONS, BOTH OF THESE ZONING AND THE RESTRICTIVE COVENANT BASED ON THE, UH, SURROUNDING AND SUPPORTING OFFICE AND COMMERCIAL USES AND ACCESS TO TWO ARTERIAL STREETS AND, UH, COMPATIBILITY BETWEEN APARTMENTS AND THOSE USES.

AND WE FIND THAT THE RESTRICTIVE COVENANT AMENDMENT IS ACCEPTABLE BECAUSE MULTIFAMILY DEVELOPMENT WILL OCCUR UNDER THE PROD UNDER THE TERMS OF THE RELATED PROJECT CONSENT AGREEMENT.

THANK YOU.

THANK YOU WENDY.

UH, COMMISSIONERS.

UM, MICHAEL WHELAN'S LINE IS STILL NOW TO THE AUDIO CONFERENCING CENTER.

PLEASE ENTER A CONFERENCE ID FOLLOWED BY POUND.

UM, SO LIKE I WAS SAYING, MICHAEL VILLAINS LINE IS STILL NOT WORKING.

UM, IF YOU'RE THE MEETING ORGANIZER, PRESS STAR NOW AS ANDY AND WENDY SAID, PROBABLY THE LEADER DUE TO THE MEETING.

WE HAVE A COUPLE OF SKILLED PATIENTS.

UH, YOU ARE NOW JOINING THE MEETING.

IS THAT TRUE? MR WHELAN? SO WHAT ARE WE DOING? WHAT THE PEOPLE ARE CALLED IN AND WE CAN'T HEAR THE MEETING.

IT SOUNDS LIKE THE MEETINGS ONGOING.

CAN

[00:25:01]

YOU HEAR IT? NO, I CAN'T HEAR IT EITHER.

I WAS KIND OF SHOCKED TO HEAR THOUGH MEETING GOING ON.

OKAY.

HELLO? HELLO.

HELLO COMMISSIONER.

SO SORRY, ANOTHER 15 MINUTE RECESS OR KNOW WHAT TO DO.

REALLY.

UM, WE'LL SEE YOU BACK AT SEVEN OH ONE MANDY HAND.

UH, AND WENDY ALREADY, SO, OH, WOULD YOU LIKE TO SPEAK RIGHT NOW? YOU HAVE SIX MINUTES.

SURE.

THANK YOU.

MICHAEL WHALEN ON BEHALF OF THE APPLICANT.

I AM NOT GOING TO ASK, UH, FOR ANY UH, EXHIBITS.

IT'S TOO RISKY AT THIS POINT.

I'M JUST GOING TO SAY A FEW WORDS AND WE WILL MOVE ON.

UH, MICHAEL H WHALEN ON BEHALF OF THE APPLICANT FOR AGENDA ITEMS B ONE B TWO AND B THREE.

THIS PROJECT CONSENT AGREEMENT, AS YOU ALREADY HEARD, IS PART OF A PACKAGE OF THREE CASES ALL RELATED TO ONE PROJECT KNOWN AS LANTANA PHASE FIVE ITEM B ONE ON YOUR AGENDA IS THE PROJECT CONSENT AGREEMENT.

A B TWO IS THE REZONING AND B3 IS A RESTRICTIVE COVENANT AMENDMENT.

EACH OF THESE CASES IS NECESSARY IN ORDER TO ALLOW LANTANA PHASE FIVE IT'S THE FIFTH OF FIVE PHASES OF A SITE PLAN.

IT'S ALREADY APPROVED PHASES ONE THROUGH FOUR ARE EITHER DONE OR THE LAST HOTEL IS ABOUT TO BE COMPLETED.

IT WILL ALLOW PHASE FIVE TO CONVERT FROM AN OFFICE TO A MULTIFAMILY PROJECT, SO STARTING WITH THREE ZONING TO THE SITE TODAY IS ZONED GRN P AND C, S ONE C O N, P, AND WE'RE REQUESTING ALLOWING MULTIFAMILY BY ADDING THE MIXED USE OVERLAY OVER THE ENTIRE SITE.

ALONG WITH THAT, AS YOU HEARD FROM MS. RHODES, WE ARE ALSO REQUESTING IT ITEM B3 WITH ITEM B3 THAT THE CITY DELETED PROVISION FROM A RESTRICTIVE COVENANT THAT PREVIOUSLY LIMITED LEASEABLE SQUARE FOOTAGE.

BUT I WANT TO EMPHASIZE THAT THE PROJECT CONSENT AGREEMENT FIXES THE AMOUNT OF IMPERVIOUS COVER.

SO IT WAS PRIMARILY BECAUSE MULTIFAMILY HAS A LITTLE BIT MORE LEASEABLE SQUARE FOOTAGE, BUT WE ARE NOT INCREASING THE, WE'RE FIXING IN TIME THE AMOUNT OF IMPERVIOUS COVER.

THE MAIN ITEM I'LL BE DISCUSSING TODAY THOUGH IS THE PROJECT CONSENT AGREEMENT BE ONE AT THE HIGHEST LEVEL.

THIS PROJECT CONSENT AGREEMENT PROVIDES SOME MEANINGFUL IMPROVEMENTS.

IT ALLOWS FOR MULTIFAMILY STRUCTURES TO REPLACE THE TWO PROPOSED OFFICES ON THE SITE PLAN.

IT SETS THE IMPERVIOUS COVER ON THE 35.67 ACRE SITE.

THAT AND DEDICATE 6.32 ACRES OF LAND TO THE CITY.

REGARDLESS OF WHAT GETS BUILT OR WHETHER ANYTHING FURTHER GETS BUILT, WE'LL BE DEDICATING 6.32 ACRES SIX MONTHS AFTER THE PROJECT CONSENT AGREEMENTS, EFFECTIVE DATE.

UM, THERE ARE, THERE ARE ALSO CODE MODIFICATIONS THAT REPRESENT PRIOR AGREEMENTS CONCERNING THE DEVELOPMENT OF THE SITE.

AND THOSE ARE LISTED IN MR. LYNN SEASON'S MEMO, WHICH IS PAGES ONE AND TWO OF THE BACKUP.

SO, UH, I WANT TO TALK ABOUT THE, UH, MOST IMPORTANT PIECE OF THE NEGOTIATION.

THERE WERE SEVERAL PIECES OF THE NEGOTIATION.

ONE PIECE INVOLVED, MAKING SURE THAT WE ADDED LAND SO THAT WE WOULD HIT 40% NATURAL AREA, WHICH IS PART OF THE 6.32 ACRES ADJACENT TO THE PROPERTY THAT WE'LL BE DEDICATING TO PARKS WITHIN SIX MONTHS OF THE EFFECTIVE DATE OF THIS, UH, PROJECT CONSENT AGREEMENT.

THE SECOND AGREEMENT, UH, AND THAT WAS, UH, PRIMARILY, UH, UH, INITIATED BY AND CHAMPIONED BY CITY ENVIRONMENTAL STAFF, CHRIS HARRINGTON AND EIGHTH OF PHILLIPS.

AND THEN SECOND, WE AGREED, UH, WORKING THROUGH WITH BOBBY LEVINSKY THAT THE DEVELOPMENT OF PHASE FIVE WOULD REACH 25% NET SITE AREA.

UH, WHICH MEANT THAT WE WOULD HAVE TO FIND ADDITIONAL LAND TO REACH THE 25% NET SITE AREA FIGURES 25% OF IMPERVIOUS COVER ON THE FACE BOT TO DO SO ACROSS THE STREET.

THERE'S ANOTHER TRACK ACROSS RIALTO AND WE HAVE ADDED, WE WILL BE ADDING A, I THINK IT'LL BE UP TO FIVE ADDITIONAL ACRES.

SO IT WILL BE SOMEWHERE BETWEEN NINE AND 11 ACRES OF TOTAL LAND

[00:30:01]

THAT WILL BE DEDICATED.

THE 6.32 ACRES ADJACENT TO OUR PROPERTY AT THE CORNER OF WILLIAM CANNON AND RIO ALTO AND THEN THE ADDITIONAL, UH, THREE TO FIVE ACRES ACROSS THE STREET IN ORDER TO ACHIEVE THE 25% IMPERVIOUS COVER.

UM, WE ALSO APPRECIATE THE HARD WORK THAT PARKS HAS DONE TO, UH, MAXIMIZE OR PUT A MAXIMUM LIMIT ON THE AMOUNT OF IMPERVIOUS COVER THAT WILL BE AT THE PARKS, UH, TO FORT.

I'VE AGREED WE'VE AGREED TO 14,100 SQUARE FEET OF IMPERVIOUS COVER ON THE PARK TOO, WHICH IS IMPORTANT BECAUSE I HAVE TO ACHIEVE THE CLIENT HAS TO ACHIEVE 25% NET SITE AREA.

SO ANY ADDITIONAL IMPERVIOUS COVER BY PARKS MEANS WE HAVE TO FIND ADDITIONAL UPLANDS, ADDITIONAL NET SITE AREA ACROSS THE STREET TO OFFSET THAT AS WELL.

SO THAT'S THE CASE.

I DO WANT TO A SHOUT OUT CAUSE IT'S TAKEN LOTS AND LOTS AND LOTS OF TIME AND ENERGY.

UM, TO CHRIS HARRINGTON AND NATHAN PHILLIPS FROM ENVIRONMENTAL STAFF FROM RANT, RANDY SCOTT, ROBYN HYMENS, THOMAS RAWLINSON FROM PARKS, ERICA LOPEZ FROM CITY ATTORNEY'S OFFICE AND UH, ANDY LYNN SPIES IN KIND OF COORDINATING AND LEADING ALL OF THIS.

IT WAS A LOT OF EFFORT AND WORK AND THE STAKEHOLDERS OUTSIDE OF THE CITY.

BOBBY LAVINSKY SPENT COUNTLESS OF HOURS ON THIS WORKING AND UH, ON THIS TO FIGURE OUT A WAY TO GET TO THIS, UH, 25% NET SITE AREA.

AND ALSO CYNTHIA WILCOX WAS OH HAN, UM, WHO HAS SUBMITTED A LETTER WHICH IS IN YOUR BACKUP.

SHE, UH, DOES NOT OBJECT TO THIS AGREEMENT.

SHE WOULD LIKE ME TO SAY, CAUSE SHE COULDN'T BE ON TONIGHT, THAT SHE WOULD HOPE THAT THERE'LL BE FURTHER DISCUSSIONS ABOUT THE PARK PLANNING AND THE AMOUNT OF IMPERVIOUS COVER THAT WILL BE USED.

ALTHOUGH SHE RECOGNIZES THAT THE 14,100 SQUARE FEET OF IMPERVIOUS COVER ON THE DEDICATED PARK WILL BE, IS A MAXIMUM AMOUNT AND DOES NOT NECESSARILY MEAN THAT THEY HAVE TO HIT THAT MAXIMUM.

SO SHE'S LOOKING FORWARD TO WORKING WITH PARKS AND THAT'S ALL I HAVE.

THANK YOU ALL VERY MUCH FOR YOUR PATIENCE AND ANDREW RIVERA, THANK YOU FOR YOUR PATIENCE AS WELL AND GETTING US ALL, UH, HERDED TOGETHER ON THIS.

THANK YOU MR WEIL.

AND THANK YOU FOR YOUR PATIENCE AS WELL.

UM, UH, IS THERE, I DON'T HAVE ANYONE SIGNED UP IN FAVOR OTHER THAN BOBBY LEVINSKY.

I KNOW THAT HE HAS SOME WRITTEN COMMENTS THAT YOU'D LIKE, UH, ONE OF US TO READ.

UH, IS THERE ANYONE ELSE I'M ON THE LINE NOW.

ACTUALLY I CAN JUST, I'LL JUST SAY IT REALLY FAST.

GO AHEAD.

OKAY.

THIS JUST PROBABLY LEVINSKY SABRE SPRINGS ALLIANCE.

UM, ONE OF THE, UH, FIRST THANK YOU GUYS FOR THE NEW PROCESS.

I'M NOT SURE IT'S WORKING OUT, SO I HOPE YOU DON'T CURSE ME TOO MUCH AT THE END OF THE NIGHT, BUT, UM, I DO APPRECIATE YOU TAKING INTO ACCOUNT THE PUBLIC TESTIMONY SIDE OF THINGS.

BUT, UM, WE SOS IS SUPPORTING THIS, UH, PCA ALONG WITH THE SOS AMENDMENT THAT'S WITHIN IT.

UM, I WANTED TO GET IT ON RECORD THAT THIS IS, UM, BASED ON STRATASYS COMMITMENT TO PRESERVE AS MUCH LAND AS NEEDED TO MAINTAIN THE EFFECTIVE IMPERVIOUS COVER OF 25% NET SIDE AREA.

MICHAEL HAS WORKED REALLY HARD, UM, TO GET US THERE AND UM, AT THAT 14,000 SQUARE FOOT, UM, KEPT IN THE PARKLAND, UM, WAS NOT EASY FOR HIM TO GET.

SO I'M REALLY HOPING THAT THIS CAN MOVE ALONG WITHOUT, UM, MUCH MORE UM, DIFFICULTY.

UH, IT HASN'T BEEN AN EASY PROCESS, UH, FOR SOMETHING THAT IS LARGELY A CONSENT PROJECT.

UM, AND THAT THEY ALSO WANTED TO SAY THAT, UM, WHILE THIS ISN'T AN IDEAL SCENARIO, WE OF COURSE PREFER THAT THEY DEVELOP UNDER CURRENT CODE.

UM, GIVEN THE STATUS OF THE DEVELOPMENT, IT'S LOCATION AND UM, THE FACT THAT THEY HAVE APPROVED SITE PLAN FOR AN OFFICE DEVELOPMENT, THERE'S REALLY NO BETTER OUTCOME THAT WE COULD GET HERE THAN WHAT THE DEAL IS THAT IS BEFORE YOU.

UM, I THINK THAT IT IS A REALISTIC OUTCOME THAT THEY COULD JUST WALK AWAY AND BUILD AN OFFICE DEVELOPMENT AND WE WON'T GET IN ANY MORE LAND, UM, PRESERVED IN THE AREA.

SO THANK YOU FOR YOUR TIME AND YOUR COMMITMENT TO AUSTIN TO PUT THROUGH THIS.

THANKS.

ALL RIGHT.

THANK YOU FOR YOUR PATIENCE AS WELL.

IF ANYONE ELSE SIGNED UP IN FAVOR, I KNOW THAT MS. JOSEPH, I THINK I HEARD THERE SAY B TOO.

MS. JOSEPH STILL ON THE LINE? YES, MR CHAIRMAN, THIS IS AN ELVIA.

JOSEPH, DID YOU WANT ME TO SPEAK NOW? GO AHEAD.

YOU'LL HAVE THREE MINUTES.

ARE YOU SPEAKING IN FAVOR OF NEUTRAL OR YOU ARE OPPOSED? I'D SAY NEUTRAL.

I'M ACTUALLY RESPONDING TO COMMISSIONER TODD SHAW'S COMMENTS THAT HE HAD IN THE BACKUP MATERIAL.

OKAY.

GO AHEAD AND YOU'LL HAVE THREE MINUTES.

YEAH.

THANK YOU MR CHAIRMAN.

BOARD MEMBERS.

I'M ZENOBIA JOSEPH.

MY COMMENTS ARE SPECIFICALLY RELATED TO PAGES 24 AND 25 OF 51 IN YOUR BACKUP MATERIALS.

IT'S SPECIFICALLY THE RESTRICTIVE COVENANT REVIEW SHEET AND UH,

[00:35:01]

MR. TODD SHAW, THE COMMISSIONER, ACTUALLY APRIL 28TH HAD SOME QUESTIONS ABOUT TRANSIT.

SPECIFICALLY, HE REFERRED TO AUSTIN UPROOTED STUDY AND I WANTED TO MAKE COMMENTS SPECIFICALLY ABOUT THE HIGHER DENSITY.

THE RESPONSE THAT WAS GIVEN BY COUNTY BY THE STAFF SPECIFICALLY SAID THAT HIGHER DENSITY WOULD EQUATE TO ADJACENT EMPLOYMENT OPPORTUNITIES AND IT WOULD ALSO PROVIDE GREATER ACCESS TO CITY USES AND JOBS.

AND I JUST WANTED TO CALL YOUR ATTENTION ON PAGE SIX IT TALKS ABOUT THE AREA BEING CAR CENTRIC.

SPECIFICALLY AN EXAMPLE IN NORTHEAST AUSTIN IS THE DESKTOP PALMER CORRIDOR WHERE YOU HAVE DENSITY AND IT IS ALSO A NEIGHBORHOOD ACTIVITY CORRIDOR IN IMAGINE AUSTIN BUT THERE'S NO TRANSIT SO THE DENSITY DOES EXIST.

THERE ARE APPROXIMATELY FIVE MARKET RATE APARTMENTS.

THERE ARE TWO DEVELOPMENTS, PIONEER CROSSING AND PIONEER HILLS.

THERE'S 425 ACRE DEVELOPMENT EAST OF SAMSUNG THAT WILL BE COMING IN THE NEAR FUTURE AND THERE IS NO TRANSIT.

SO MY CONCERN IS THAT THE RESPONSE THAT WAS GIVEN BY THE STAFF WAS A BIT DISINGENUOUS.

IT SAYS, ALTHOUGH THE SITE IS NOT LOCATED ON ANY OF THE CORRIDORS DESCRIBED ABOVE, ONE BENEFIT OF THE PROPOSED HIGHER DENSITY APARTMENTS AT THIS PARTICULAR LOCATION IS THE ADJACENCY, SAM EMPLOYMENT OPPORTUNITIES AND RETAIL.

AND I JUST WANTED YOU TO REQUEST IN THE FUTURE THAT YOU RECEIVE A MAP FROM CAPITAL METRO THAT SHOWS THE DENSITY THROUGHOUT THE CITY, SPECIFICALLY IN NORTHEAST AUSTIN.

AND SO THAT YOU ACTUALLY CAN HAVE SOMETHING TO COMPARE TO THE CASES THAT ARE BEFORE YOU.

IN ADDITION TO LOOKING AT CAP REMAP.

AND THE REASON THAT I SAY THAT IS BECAUSE CAPRI MAP TO THE TRANSIT, UH, EXPERT MEG MERIT.

ON OCTOBER 30TH, THERE WAS A JOINT PROJECT CONNECT A MEETING AND SHE SAID WE'D BEGIN WITH THE LOCAL BUS SERVICE.

THIS IS THE FUNDAMENTAL GLUE TO THE ENTIRE SYSTEM.

SO WHILE YOU HEAR ME TALK ABOUT TRANSIT, OFTEN THAT'S THE GLUE TO THE SYSTEM FOR HIGH-CAPACITY TRANSIT.

AT ONE POINT YOU HAVE TO GET OFF THE RAIL AND YOU HAVE TO RELY ON THE BUS NETWORK.

SO IT'S REALLY IMPORTANT THAT AS YOU MOVE FORWARD, YOU LOOK AT THE MAPS AND YOU ACTUALLY SEE WHERE THE FREQUENT NETWORK IS AT.

IT'S IN SOUTHEAST SOUTHWEST AUSTIN, AND I AM A LITTLE BIT FAMILIAR WITH THIS AREA.

THERE'S, UM, RIALTO IS ABOUT 3.7 MILES FROM CONVICT HILL AND BRUSH COUNTRY AND THERE'S A WATERSHED RESTRICTED AREA THERE.

THERE'S ROUTE THREE 33 THAT RUNS THERE FOR 2.9 BOARDINGS AN HOUR AND RE ALSO IS APPROXIMATELY 1.7 MILES FROM OAK HILL SHOPPING CENTER AND THERE'S A NEW SOUTHEAST WEST BUS THAT RUNS THEIR ROUTE THREE ONE FIVE IT'S AN EQUITABLE BUT AT LEAST THE PEOPLE WILL ACTUALLY EVENTUALLY HAVE SOME TYPE OF SERVICE AND THERE'S A FREQUENT BUS ROUTE THREE, THREE, THREE ON WILLIAM CANNON AS WELL.

BUT JUST FOR CONTEXT, I JUST WANTED YOU TO CONSIDER THAT THE ANSWERS THAT WERE RECEIVED AS IT RELATED TO DENSITY, EQUATING TO GREATER ACCESS IS JUST DISINGENUOUS BECAUSE IF THAT WAS THE CASE, WE WOULD HAVE GREAT TRANSIT RIGHT HERE IN NORTHEAST AUSTIN ON DESKTOP, PALMER BETWEEN APPLE AND SAMSUNG AND THAT'S NON-EXISTENT TODAY.

THE LAST THING I'LL TELL YOU IS THAT THERE WAS A PROJECT CONNECT NORTH CORRIDOR STUDY WHICH SHOWED THE GROWTH IN THE NORTH AREA AND THAT WAS NOT CONSIDERED AT ALL WHEN THEY DID CAT REMAP.

BUT IF YOU HAVE ANY QUESTIONS I'LL GLADLY ANSWER THEM AT THIS TIME.

THANK YOU MS. JOSEPH.

IF ANY OF THE COMMISSIONERS HAVE QUESTIONS, THEY'LL THEY'LL CALL ON YOU.

NOT QUITE AT THIS TIME THOUGH.

ARE THERE ANY OTHER SPEAKERS? I DON'T HAVE ANY OTHERS ON MY LIST.

COMMISSIONER.

SO IS THERE A MOTION TO CLOSE PUBLIC HEARING LIKE WAYLON, MR. WILSON, DID YOU WANT IT TO USE YOUR REBUTTAL TIME? YEAH, 15 SECONDS AND SHAME ON ME.

THE ONE PERSON I LEFT OUT WHO HAD TO SUFFER WITH ME FOR MORE THAN THREE YEARS ON THIS PROJECT IS WENDY RHODES AND SHE DESERVES A SHOUT OUT BECAUSE HE'S MANAGED TO KEEP US MOVING FORWARD AND I'M VERY APPRECIATIVE FOR HER EFFORTS AS WELL AND CORRALLING US .

AWESOME.

THANK YOU FOR THAT AND MR WILDLAND AND THANK YOU WENDY.

OKAY, BACK TO THE MOTION.

CLOSE PUBLIC HEARING ONE MORE TIME AND MAKE THE MOTION BY COMMISSIONER ZIMMER SECOND BY COMMISSIONER SHAY.

ALL THOSE IN FAVOR RAISE YOUR GREEN ITEM ANY OPPOSED? CARRIES UNANIMOUSLY.

COMMISSIONERS, ARE THERE ANY QUESTIONS OR THE APPLICANT ATTORNEY OF THE SPEAKERS OR STAFF? LET ME JUST GO SEEK IT.

I'M MUTE AS WELL.

YES, I JUST HAVE A COMMENT ON THE PARKING FOR THE TENNIS COURTS AND THE TRAILS.

I KNOW THAT THEY'RE GOING TO KEEP IT TO A MAXIMUM, BUT IN MY QUESTIONS PER STAFF, I, I ASKED IF THEY HAD CONSIDERED, IF STAFF HAD CONSIDERED ANY OTHER WAYS OF PROVIDING THE PARKING, WHETHER IT BE OFF STREET OFFSITE OR FURTHER, YOU WON'T PAVERS GRAVEL

[00:40:01]

OR SOME COMBINATION BECAUSE THIS IS SUCH A HIGHLY SENSITIVE AREA AND I DO OR THAT THEY CONSIDER REDUCING THE NUMBER OF THE PARKING SPACES.

AND THAT'S MY QUESTION FOR STAFF.

CAN WE HAVE ANDY OR WHEN DO YOU ADDRESS THAT? I KNOW THERE'S OTHER, THERE'S OTHER STAFF AS WELL.

I KNOW THERE'S DENMARK.

WELL, AND I'VE ACTUALLY CAN ANSWER THAT BECAUSE OF OUR AGREEMENT THAT I'LL LET STAFF DOES.

ANDY .

SO COMMISSIONER THE, IN THE LAST COUPLE OF DAYS, UH, RANDY SCOTT WITH THE PARKS DEPARTMENT AND MR WHALEN AND CHRIS HERREN.

TODAY I HAVE DONE A LOT OF WORK AND THEY HAVE REDUCED THE AMOUNT OF PARKING, UM, AND ARE PROPOSING TO REALLY JUST HAVE IT FOR ACCESSIBLE USE.

UM, THE ORIGINAL AGREEMENT LAST TIME WE WERE COMMISSIONED WITH THIS, UM, HAD A LOT MORE PARKING.

UM, I DON'T REMEMBER EXACT SPECIFIC NUMBER.

MR WAYLON CAN PROBABLY TELL YOU, BUT IT HAS BEEN GREATLY REDUCED AND THE MOUNTIE IN PROGRESS COVER PROPOSED ON THE PARKSIDE WAS ALSO REDUCED.

THANK YOU.

UH, IS IT OKAY.

ANY OTHER FOLLOWUP QUESTIONS OR ANYONE ELSE HAVE QUESTIONS? IF NOT, IS THERE A MOTION? MR SEEGER.

AND SECOND BY COMMISSIONER HOWARD CHEMISTRY.

SEGA.

WHAT'S YOUR MOTION? MY MOTION IS ACCEPT STAFF RECOMMENDATION.

UH, I THINK THAT WE SHOULD VERY GREATLY SUPPORT THIS.

IT'S CAME IN AS A VERY BAD SITUATION THAT ALL THOSE PARTIES, ALL THE PARTIES WORK TOGETHER TO REMEDY IT AND COME OUT WITH THE BEST SITUATION FOR EVERYONE.

UH, COMMISSIONER HOWARD, ARE YOU THE SECOND ON THAT? UH, COMMISSIONER.

SO YOU GUYS, THAT'D BE ONE, TWO AND THREE.

YES.

ALL OF THEM.

OKAY.

COMMISSIONER, ANY QUESTIONS FOR THE MOTION MAKER? IF NOT, LET'S TAKE A VOTE.

ALL THOSE IN FAVOR? MOTION.

MY SECRET SECOND ABOUT HOWARD.

WHERE'S YOUR DREAM? THANK YOU.

ANY OPPOSED? MOTION CARRIES UNANIMOUSLY.

THANKS FOR YOUR PATIENCE.

YEAH.

STAFF, APPLICANTS AND SPEAKERS.

WE'RE GOING TO MOVE

[Item B4]

RIGHT ALONG TO ITEM BEEF.

MR. SHAW AND COMMISSIONER SEEGER, YOU PULLED THIS ITEM.

DID YOU WANT AN ABBREVIATED PRESENTATION OR DID YOU WANT IT? UH, WELL THIS IS TODD SHAW.

I THINK, UM, I COULD JUST, I DON'T KNOW IF WE HAVE A PRESENTATION, BUT I'LL SEE IF, UM, COMMISSIONER SEGER WOULD LIKE ANYTHING PRESENTED WHAT I WAS, YEAH.

AM I UNMUTED AT THIS POINT? NO, WE CAN HEAR YOU.

YOU CAN HEAR ME? OKAY.

UM, WHAT I WAS CONCERNED ABOUT WAS, UH, THE SIXTH, UH, THEN HEIGHTS ABOVE THE 60 FEET, BUT YET THERE'S NO MENTION OF THE AGREEMENTS WITH AN HCD FOR, UM, AFFORDABLE HOUSING.

I WAS WONDERING WHERE THE AFFORDABLE HOUSING COMES IN THAT ALLOWS THE APPLICANT TO BUILD AS HIGH AS HE'S PROPOSING HE OR SHE IS PROPOSING.

OKAY.

STAFF ON THE LINE IS MY GRANDMOTHER LINE.

YES, I'M HERE.

OKAY.

MARK, WOULD YOU LIKE TO BRIEFLY TALK ABOUT THE PROJECT AND SORRY, YES, I'D LIKE TO GO AHEAD AND ANSWER THAT.

UM, THERE ARE NEW PLANS, NEW SITE PLANS, NEW BUILDING ELEVATIONS FOR CLOTHES.

UM, THEY TOLD US THAT THEY INTEND TO DEVELOP 66 UNITS.

UM, AND UH, THAT'S THE EXTENT OF THE PROJECT DESCRIPTION.

UH, THERE HAVE BEEN A LOT OF LETTERS AND CONVERSATIONS.

THE TWO AFFORDABLE HOUSING PROGRAMS, UH, BOTH, YOU KNOW, AND THE, UM, AFFORDABILITY AND LOCKED PROGRAM, THOSE PROGRAMS WOULD ALLOW, UM, ADDITIONAL HEIGHT, YOU KNOW, UP TO 65 AFFORDABILITY AND LOCKED, UH, 75 AND 90 FEET DEPENDING ON HOW MUCH AFFORDABLE HOUSING THEY PROVIDED.

UM, IT IS NOT MY IMPRESSION THAT THEY PLAN TO BUILD, UH, THE AFFORDABLE HOUSING.

THEY WOULD NOT NEED TO REZONE TO PROVIDE, UH, AFFORDABLE HOUSING THROUGH THOSE PROGRAMS. UM, SO IT IS MY IMPRESSION THAT THEY ARE GOING TO DEVELOP, UM, HOUSING, UH, WITHOUT THE AFFORDABILITY COMPONENT.

SO THEY ARE GOING TO BUILD HOUSING AT THE 60 FOOT PIPE.

THAT IS THE ALLOWED

[00:45:01]

HEIGHT IN THE EXISTING BASE ZONE DISTRICT, UH, COMMERCIAL, UH, THE CS ZONING SO THEY'RE BUILT TO SEE US UM, THAT MAY BE A BETTER QUESTION FOR THE APPLICANT, BUT AS I'VE READ THROUGH IT, THEY WERE WILLING TO PARTICIPATE IF THEY WANTED TO TAKE ADVANTAGE OF ADDITIONAL HEIGHT AND OTHER WAIVERS.

THEY HAD OPTIONS TO PARTICIPATE IN ONE OF THE OTHER PROGRAMS AND, UM, THEY'RE WILLING TO EVEN ENTER INTO A RESTRICTIVE COVENANT FOR THAT PURPOSE.

BUT, UM, ON READING THROUGH THE STAFF REPORT, IT DOESN'T LOOK LIKE THEY INTEND TO BUILD ABOVE THE, UH, 60 FEET OR TAKE ADVANTAGE OF THE AFFORDABILITY, AFFORDABLE HOUSING INCENTIVES.

OKAY.

THANK YOU.

THAT WAS MY QUESTION.

JUST THERE ANY AFFORDABLE HOUSING IN THIS PROJECT AND THAT'S BEEN IN, SIR.

THANK YOU.

THANK YOU SO MUCH FOR SECRET ABS.

TRYING TO DO THIS A LITTLE DIFFERENTLY IF WE CAN SPEAK THROUGH THIS.

UM, SO YOU KNOW, THAT WAS , UM, I'M GOING TO GIVE THE APPLICANT A MOMENT TO EITHER RESPOND TO THAT QUESTION OR, OR, UH, OR SPEAK ABOUT THE PROJECT IN GENERAL.

MR. SHAW, DID YOU WANT TO QUICKLY COMMENT ON YOUR CONCERNS AS SIMILAR OR DIFFERENT? WELL, IT'S JUST FROM MY UNDERSTANDING THE WAY, IN A SIMPLE WAY, WE'RE GIVING ENTITLEMENTS TO, UM, UH, UNDER THE ZONING CHANGE, BUT WE'RE NOT GETTING ANY AFFORDABLE HOUSING.

UH, I WOULD PREFER THAT IF WE'RE GIVING ADDITIONAL HEIGHT UNDER THIS, NO NEW CHANGE FOR TODAY, WE ARE, UH, WE, UM, WE GET AFFORDABLE HOUSING OUT OF THIS, UM, OUT OF THIS CHANGE.

UH, THOSE ARE THINGS THAT YOU GET FROM UNO AND, UM, UNDER AFFORDABILITY AND LOCKED.

BUT I JUST DON'T SEE A COMMITMENT FOR ANY AFFORDABLE HOUSING.

OKAY, PERFECT.

UH, IS JOHN JOSEPH ON THE LINE? I'M ON THE LINE.

HELLO? HELLO? WE CAN HEAR YOU.

YOU CAN HEAR ME? OKAY.

I'M GOING TO HAVE TO TURN THAT SIX MINUTES.

DO YOU WANT TO ADDRESS THE CONCERNS? YES.

UH, WE ENTERED INTO AN AGREEMENT WITH, UH, THE UNIVERSITY AREA PARTNERS AND I THINK THE SALIENT OF THAT IS THAT ON THE SECOND PAGE IT SAYS, I'M FINDING IT QUICKLY.

ADDITIONALLY, ANY MULTIFAMILY DEVELOPMENT ON THE SITE SHALL COMPLY WITH THE AFFORDABILITY UNLOCK BONUS PROGRAM.

AUSTIN LDC 25 DASH ONE ARTICLE 15 DIVISION FOUR 25 DASH ONE DASH SEVEN 2325 DASH ONE SEVEN 25 AND 25 DASH TWO DASH FIVE 18 IT WAS, IT WAS CLEAR THAT AFFORDABILITY WAS A BIG ISSUE TO, YOU KNOW, AND I THINK IT'S A, IT'S A BIG ISSUE TOO.

UM, THE AFFORDABLE AFFORDABILITY UNLOCKED BONUS PROGRAM.

AND SO THAT'S WHAT WE INTEND TO COMPLY WITH AND WE'VE AGREED TO, UM, INCORPORATE THAT INTO, UH, A RESTRICTIVE COVENANT THAT WILL RUN TO THE LAND.

IN ADDITION TO THAT, WE'RE GOING TO INCORPORATE THE, YOU KNOW, DESIGN STANDARDS, UM, WHEN WE USE THE EXACT LANGUAGE AND STREETSCAPE INTO THE PROGRAM, INTO THE RESTRICTIVE COVENANT.

SO PART OF THIS PROPERTY AND RUN WITH THE LAND.

I HOPE THAT ANSWERS THE QUESTION.

IF NOT, PLEASE LET ME KNOW AND I'LL TRY TO ADDRESS IT FURTHER AND WE MIGHT HAVE SOME MORE QUESTIONS.

I WANT TO USE THOSE TO, UH, THE STAFF AND, AND UM, AND MR. JOSEPH AS THEIR PRESENTATION.

AND THEN IF THERE ARE ANY OTHER, THERE'S NO OTHER SPEAKERS THAT HAVE SIGNED UP.

SO WE'RE GOING TO CLOSE PUBLIC HEARING.

IS THERE A MOTION TO CLOSE PUBLIC HEARING? AND THEN WE'LL GO TO QUESTIONS.

KENNY, ALL THOSE IN FAVOR? RAISE YOUR GREEN EYES.

ANY OPPOSED? MISS RHIANNA'S PLAY THOSE.

GOOD THUMBS UP.

OKAY.

UM, NOW WE CAN DO QUESTIONS.

THERE'S FURTHER QUESTIONS OF STAFF OR, UM, MR. JOSEPH LET ME TRY CZAR HAD AN UNMUTE PLEASE.

THERE YOU GO.

THAT'S THE MAIN QUESTION.

I GUESS THE APPLICANT, BECAUSE I THINK I HAD IT RIGHT HERE SAYING THAT THE HORRIBLE REQUIREMENTS GOING FORWARD WILL BE UNLOCKED, WOULD KICK IN IF YOU DO MIXED USE.

BUT IF YOU CHOOSE NOT TO DO MIXED USE THAT SOMEONE HELPED ME.

WHAT DIFFERENCE DOES THAT MAKE? RIGHT? SO YOU CAN CHOOSE NOT TO DO MIXED USE WITH INCREASING DIVESTMENTS AND WHAT HAVE YOU.

THE INCREASE IN DIABETES IN THAT CASE WITH NON-PARTICIPATION IN DIVORCE PROGRAM.

THIS CAN BE A QUESTION TO THE STAFF OR DO APPLICANT

[00:50:04]

I THINK STAY CLEAR OF THEIR INTENT.

SO, UM, MR. JOSEPH, DID YOU WANT TO ADDRESS THAT? IF WE'RE GOING TO INCREASE THE DENSITY IS MY UNDERSTANDING THAT WE HAVE TO COMPLY WITH THE AFFORDABILITY ON LOG BONUS PROGRAM.

THAT'S MY UNDERSTANDING OF IT.

IF THAT'S THAT'S INCORRECT.

YEAH, I DON'T THINK THAT'S THE CASE.

SO, UH, MR. JOSEPH DO, UH, I'M SORRY, LET ME TRY THIS.

SORRY, GO AHEAD.

THIS IS YOUR TIME.

SO GO AHEAD.

YEAH, GO AHEAD.

YOU CAN ASK THE QUESTION I WAS GOING TO ASK.

SO ARE YOU, ARE YOU, HOW FAR ALONG ARE YOU WITH GETTING THAT FOUR-LANE, UNLOVED APPLICATION IN AND GETTING THAT CLOSE TO EXECUTED? WE HAVE, WE HAVEN'T GOTTEN THAT IN YET.

WE'RE TRYING TO, WE'RE TRYING TO REACH THE AGREEMENT WITH UNO SO THAT WE CAN GET THE MIXED USE ADDED TO THE PROJECT.

YEAH, IT SEEMS REAL FUZZY TO ME.

GO AHEAD COMMISSIONER.

AS I'M SAYING, IF I UNDERSTAND THIS CORRECTLY, YOU'RE ESSENTIALLY SAYING THAT YOU DO HAVE EVERY INTENTION OF BUILDING HOUSING ON THIS SITE YES, THAT'S CORRECT.

OKAY.

LET ME SEE.

I'M SORRY.

DID YOU WANT TO GET CONFIRMATION FROM STAFF THAT UH, MR JOSEPH'S UNDERSTANDING WAS CORRECT? YEAH, I DON'T THINK HE HAS TO COMPLY WITH THE 4 MILLION UNLOCKED ONCE HE GETS THE ZONING.

SO WE DID GET CONFIRMATION FROM STAFF, EXCUSE ME, COMMISSIONER, COMMISSIONER, COMMISSIONER.

SURE.

I'M SORRY THAT THE RESTRICTIVE COVENANT IS GOING TO REQUIRE US TO COMPLY WITH THE AFFORD TO BE UNLOCKED BONUS PROGRAM.

WE'RE GOING TO IMPOSE THAT ON THE PROPERTY BY RESTRICTIVE COVENANT.

THIS IS A CHAIR.

I HAD A QUESTION.

LET ME, LET ME FINISH WITH THOSE ARE AND THEN WE'LL GO TO KENYA AND THEN DO BACK TO SHOW JUST ONE FOLLOWUP TO THE AFRICAN, WHICH IS TO SAY, YEAH, CAN YOU REPEAT THE LANGUAGE FROM THE GOVERNANCE? I'M JUST TRYING TO UNDERSTAND, IS THERE A POSSIBILITY FOR YOU TO NOT DO HOUSING AT ALL AND MOVE AHEAD WITH THE PROJECT IN THE FUTURE? WHAT I'M GOING TO READ FROM IS THE UH, IS THE LETTER OF AGREEMENT THAT WE HAVE WITH THE UNIVERSITY PARTNERS.

IF YOU CSM USE ZONING FOR THE PROPERTIES OF TIMES THE OWNER SHELL ONE, THE PROPERTY COULD BE IMPRESSED WITH A WRITTEN RESTRICTIVE COVENANT EXECUTED BY MY CLIENT AND RECORDED IN THE REAL PROPERTY RECORDS IN TRAVIS COUNTY, TEXAS, WHICH SHALL REQUIRE THE PROPERTY TO COMPLY WITH THE INTERNET DESIGN, STREETSCAPE AND DESIGN GUIDELINES AS SET FORTH YEAR END ON EXHIBIT D, THE COVENANT SHALL RUN WITH THE LAND AND IN THE EVENT THAT THE PROPERTY IS SOLD TO SUCCESSOR OWNER.

SO IF YOU'RE SICK, THE COVENANT SHALL BE IN FULL FORCE AND EFFECT AND TO ANY FEE PAID BY THE OWNER IN LIEU OF ANY ONSITE AFFORDABILITY WILL BE RESTRICTED TO YOU FROM THE UNIVERSITY NEIGHBORHOOD OVERLAY AREA.

ADDITIONALLY, ANY MULTIFAMILY REDEVELOPMENT ON THE SITE SHALL COMPLY WITH THE AFFORDABILITY UNLOCKED BONUS PROGRAM, AUSTIN LDC.

AND THEN WE WERE SAD OF THE PROGRAMS AS SUCH.

IF THE PROPOSED CSM USE ZONING FOR THE PROPERTY IS APPROVED, CITY COUNCIL AND THE PROPERTY IS REDEVELOPED AS A MULTIFAMILY DEVELOPMENT.

ANY FEE IN LIEU OF ON THE SIDE AFFORDABILITY MONEY WILL BE PAID TO THE CITY OF AUSTIN NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT AND RESTRICTED FOR USE IN THE UNIVERSITY NEIGHBORHOOD OVERLAY AREAS.

DOES THAT ANSWER THE QUESTION? THANK YOU.

THANK YOU, COMMISSIONER KENNY AND THEN CHICAGO.

YEAH, I JUST WANT TO, UH, GET A LITTLE BIT MORE CLARITY ON THIS MECHANISM.

UM, YOU HAVE A A LETTER.

OKAY.

UH, WITH THE UNIVERSITY, UH, AREA PARTNERS, UM, SAYING THAT IF YOU DO GET THE REZONING THEN YOU WILL DO AN RC.

YEAH.

AND UM, I WOULD, ARE YOU JUST GAMING OUT THE TIMELINE HERE? UH, DO YOU INTEND TO HAVE THIS, UM, RC PREPARED, DRAFTED, POTENTIALLY BEEN SIGNED, UM, CONDITIONAL UPON ANY RESIDENTIAL DEVELOPMENT THERE, UM, PRIOR TO COUNCIL TAKING UP APPROVAL OF THE ZONING REQUEST.

AND, AND THE REASON I'M ASKING THAT IS THAT I THINK THAT FOLKS ARE LOOKING FOR A LITTLE BIT MORE CERTAINTY ON THAT AND UH, WANTING TO MAKE SURE THAT THE HORSE DOESN'T GET OUT OF THE BARN WITHOUT REALLY LOCKING IT IN.

OKAY.

AND I UNDERSTAND THAT THE LAST, THE SECOND TO LAST PARAGRAPH SAYS SPECIFICALLY BY SIGNING BELOW, THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING OFFER OFFERS ACCEPTABLE TO EIGHT UAP AND THE OWNER THAT USA WAS DRAWS OPPOSITION TO THE MAY 12TH, 2020 PLANNING COMMISSIONING AND THAT UAP AND THE OWNER WILL FINALIZE THE MUTUALLY AGREEABLE FORM OF THE RESTRICTIVE COVENANT PART OF SYDNEY COUNCIL FINAL APPROVAL OF THE ZONING APPLICATION AND THEN UPON THE CITY COUNCIL APPROVAL TO CSM ZONING FOR THE PROPERTY THEY WERE SICK.

COVENANT SHALL BE RECORDED.

SO IF THAT IS YOUR QUESTION, THEN THIS SAYS THAT WE'RE GOING TO HAVE THE RESTRICTIVE COVENANT NEGOTIATED AND EXECUTED BY THE PARTIES

[00:55:01]

PRIOR TO FINAL APPROVAL OF THE ZONING APPLICATION BY THE CITY COUNCIL UPON WHICH TIME THAT WILL BE RECORDED.

OKAY.

YEAH, I THINK THAT'S EXCELLENT.

AND, UH, I WOULD JUST EXPECT CITY COUNCIL TO BE INFORMED ABOUT THAT AND, UH, MAKE SURE TO HAVE IT READY BY THE TIME IT GETS TO THAT.

YEAH.

W WOULD BE MY ADVICE.

ABSOLUTELY.

ABSOLUTELY.

MR. SHAW.

YES.

I HAVE TWO QUESTIONS FOR STAFF.

NUMBER ONE IS, UH, IS THIS RESTRICTIVE COVENANT LANGUAGE ACCEPTABLE? LEGALLY? CAN IT BE DONE? UM, YOU KNOW, A REQUIREMENT THAT THEY'RE GOING TO FOLLOW THE AFFORDABILITY AND LOCK.

AND SECONDLY, DO WE HAVE ANYTHING IN WRITING THAT UAP HAS A IN, YOU KNOW, UH, IT HAS GENERALLY ACCEPTED THIS AGREEMENT.

I MEAN, THEY READ IT AND, AND ARE THEY IN FAVOR OF IT? I JUST HAVEN'T HEARD BACK FROM THEM.

UH, SO I DON'T KNOW.

SO STAFF MAY HAVE MORE INFORMATION ON THOSE TWO QUESTIONS.

I CAN ANSWER THAT QUESTION IF I MAY.

OKAY.

SO THEN WE'LL COME BACK TO YOU, MR. JOSEPH.

I'M SORRY, MIKE, ARE YOU STILL ON MARK GRAHAM, MARK ROOM STAFF ANSWERING THIS QUESTION? LET ME SEE.

SO THE LAST ONE FIRST, YES, WE HAVE A SIGNED AGREEMENT, UH, BY THE PRESIDENT OF UNIVERSITY, UM, THREE PARTNERS AND UH, THE OWNER, UH, FOR THE, UM, THE TRAP.

UM, BACK TO THE FIRST ONE.

UM, YES, YES, A PRIVATE COVENANT BETWEEN, UM, THE OWNER AND INTERSTATE INDUSTRIAL YOUR PARTNERS.

AND THAT, UH, IS NOT SOMETHING THAT WE'RE GOING TO BE INVOLVED IN.

AND UM, IF I MAY JUST MENTION THAT OUR CONCERN WAS THE MENTION OF CNU OF ONSITE AFFORDABILITY A COUPLE OF TIMES IN THE AGREEMENT.

UM, AND I'LL LEAVE IT AT THAT.

OKAY.

THANK YOU.

UH, MR. JOSEPH, DID YOU WANT TO RESPOND AS WELL? THANK YOU.

I JUST WANTED TO POINT OUT THAT THE, THAT THE OWNER OF THE PROPERTY AND THE UNIVERSITY AREA PARTNERS HAD BOTH SIGNED THE LETTER AGREEMENT.

THE RESTRICTIVE COVENANT HADN'T BEEN PREPARED YET.

AND SO THE ACTUAL TERMS OF THE RESTRICTIVE COVENANT YET TO BE NEGOTIATED, UM, IT WILL BE THOROUGH AND COMPLETE.

AND I'M CONFIDENT THAT THE, UH, UNIVERSITY OF YOUR PARTNERS WILL, UH, WE'LL MAKE SURE THAT IT SAYS WHAT THEY WANT IT TO SAY AND THAT WE SAY WHAT IT WANTS, BUT WE WANT IT TO SAY HAPPY TO PROVIDE IT TO STAFF FOR THEIR REVIEW AS WELL.

AND OF COURSE IT WILL BE PROVIDED TO THE CITY COUNCIL AS PART OF OUR PRESENTATION.

SO IF THERE ARE ANY OTHER QUESTIONS, I'M HAPPY TO ADDRESS THEM.

OKAY.

MR SHAWN, DID YOU HAVE ANY FOLLOW UP? WELL, UH, YEAH.

UM, I JUST WANT TO SAY THAT I'M LOOKING AT THE BACKUP UNLESS THERE'S A MISSING IT THAT I DON'T SEE THE, UM, ANYTHING SIGNED BY THE UNIVERSITY AREA PARTNERS.

I, I, THERE'S A BLANK THERE IN THE SIGNATURE BLOCK SO I DON'T HAVE THAT RECORD.

IF ANYBODY ELSE DOES, PLEASE LET ME KNOW.

I THINK I HEARD MY GRANDPA SAY THAT HE HAS, HE SEEN US.

OKAY.

ALL RIGHT.

COMMISSIONER IN LATE BACKUP.

IT'S THE VERY LAST PAGE OF THE LATE BACKUP.

OKAY, PERFECT.

THANK YOU.

THANK YOU.

MY QUESTION IS, WHY IS A PRIVATE RESTRICTIVE COVENANT BEING USED AS THE INSTRUMENT TO ACQUIRE THE ADDITIONAL HEIGHT? WHY WASN'T THIS TAKEN THROUGH CITY OF AUSTIN AFFORDABILITY UNLOCKED RATHER THAN THE THIRD PARTY PRIVATE RESTRICTIVE COVENANT OF WHICH THE CITY IS NOT A PART TWO .

THAT IS MY QUESTION.

WHY IS PRIVATE AND NOT PUBLIC? IS THAT DIRECTED TO ME? YES, YES IT IS.

MR. JOSEPH, THE UNIVERSITY OR YOUR PARTNERS WANTED US TO IMPOSE THE AFFORDABILITY, AFFORDABILITY ON LOT BONUS PROGRAM BY RESTRICTIVE COVENANT BECAUSE WE WEREN'T GOING TO USE THE UNIVERSITY OR YOUR PARTNERS, YOU KNOW THE PROGRAM THEY WANTED US TO AGREE BY RESTRICTIVE COVENANT TO USE THE AFFORDABILITY UNLOCK BONUS PROGRAM.

AND THE REASON THAT THEY'RE, THE REASON THAT IS IS BECAUSE I KNOW THE HONORS PROGRAM ONLY ALLOWS 65 FEET OF HEIGHT AND THE AFFORDABILITY UNMARKED BONUS ALLOWS 93 TO FIVE WHICH RESULTS IN A CONSIDERABLY MORE AMOUNT OF DENSITY RESIDENTIAL DENSITY BY DOING SO.

RIGHT.

AND I'M ALL FOR THAT, BUT I JUST WAS WONDERING WHY YOU WENT THROUGH A PRIVATE AND THAT'S A DRAG RATHER THAN GOING THROUGH THE CITY OF AUSTIN.

SO I'M GONNA, I'M GONNA STEP IN HERE JUST FOR MENTION SENIOR.

SO, SO THE FORMULA LAB RESTRICTED COVENANT

[01:00:01]

THAT THE CITY DOES, THE TIMING FOR THAT IS WHEN THE SITE PLAN IS REALLY CLOSE TO GETTING APPROVED.

SO THEY WOULDN'T APPROVE THE SITE PLAN UNLESS THIS OFFICIAL RESTRICTIVE COMING IN WITH THE CITY IS SIGNED FOR THIS ADDITIONAL HEIGHT AND IT'S NOT POSSIBLE TO DO AT THIS TIME AT ZONING UNLESS THEY'VE REVIEWED THE SIDE PLAN.

THAT'S MY UNDERSTANDING.

BUT STABBING AND I UNDERSTAND THAT, BUT WHY TAKE THE PRIVATE RESTRICTIVE COVENANT ROUTE RATHER THAN THE PUBLIC IS THE BASIS OF A MIKE QUESTION.

GOTCHA.

OKAY.

AND MARK DID YOU WANT TO ADD THAT? YEAH, I THINK IT'S A GOOD QUESTION.

UM, UM, MIKE'S MCKOWN FROM BRUNO URGE THEM TO USE THE ADMINISTRATIVE PROCESS THROUGH UNO AND AVOID THE REZONING ENTIRELY OUT TO TAKE ADVANTAGE OF THE HEIGHTS INCENTIVES AND SO FORTH.

THE SAME WOULD HOLD TRUE OF, UM, THE AFFORDABILITY UNLOCKED LOCKED PROGRAM.

THEY DON'T NEED TO REZONE IN ORDER TO USE THAT PROGRAM.

IT PROVIDES THE USE OF, IT PROVIDES RESIDENTIAL USES ON THIS PROPERTY BY PARTICIPATING IN THAT PROGRAM.

OKAY.

MR KENNY, DID YOU HAVE A RESPONSE TO THAT? WELL, UH, I WAS GOING TO SAY THAT MY UNDERSTANDING WAS THAT, UH, THE ZONING CHANGE WAS NECESSARY TO ALLOW A RESIDENTIAL USE AND THEN ONCE A RESIDENTIAL USE WAS ALLOWED THAT AFFORDABILITY AND LOCKED WAS GOING TO GET YOU THE ADDITIONAL ENTITLEMENTS.

BUT DID I JUST HEAR SOMETHING CONTRARY FROM STAFF THAT THEY, THAT AFFORDABILITY AND LOCKED ACTUALLY ALLOWS RESIDENTIAL USE ON A COMMERCIAL ZONE PROPERTY AND THAT YOU DON'T ACTUALLY NEED THE ZONING CHANGE TO DO AFFORDABILITY ON LOCKS? IS THAT CORRECT? YES, THAT'S CORRECT.

THAT, UM, THEY, THE ORDINANCE IS BOTH ON PROVISIONS, WHICH SAY YOU CAN USE AFFORDABILITY UNLOCKED OR UNO TO BUILD RESIDENTIAL IN OTHER ZONED DISTRICTS.

SO IF YOU'RE GETTING A RESIDENTIAL USE THROUGH AFFORDABILITY ON LOCKS, UH, IS IT ENTITLEMENTS OR THE ABILITY TO DO A COMMERCIAL GROUND FLOOR THAT IS BEING SOUGHT THROUGH THIS ZONING CHANGE? THEY WOULD STILL HAVE THE RIGHT TO THE COMMERCIAL GAMES FLOOR UNDER EITHER OF THE PROGRAMS BECAUSE THE BASE ZONING IS CS.

SO I GUESS I'M TO LIKE THIS ROUND OF QUESTIONING, UH, COMMISSIONER KENNY, IF YOU CAN GET ALL THIS THROUGH AFFORDABILITY AND LOCKED, I'M NOT CLEAR ON WHY.

I DON'T THINK THAT, EXCUSE ME.

I THINK THAT THAT YOU HAVE TO USE A MIXED USE DEVELOPMENT TEAM AND THE AFFORDABILITY UNLOCK BONUS PROGRAM.

IF YOU WANTED TO DO A HUNDRED PERCENT MULTIFAMILY UNDER THE AFFORDABILITY UNLOCK BONUS PROGRAM, YOU WOULD HAVE TO HAVE THAT ZONING AS A MATTER OF, RIGHT.

THAT'S MY UNDERSTANDING.

I DON'T THINK YOU CAN KEEP IT.

I'M SURE MARK GRAHAM STAFF, UM, I BELIEVE YOU'RE ALLOWED UP TO 25%, UH, COMMERCIAL IN AFFORDABILITY UNLOCKED, UH, 25% OF THE BUILDING.

UM, AND THAT'S WITHOUT THE MBO.

OKAY.

UH, COMMISSIONER SEGA, YOUR TIME IS UP.

ANY OTHER COMMISSIONERS WANT TO ASK A QUESTION? THIS, THIS IS PRETTY, UH, YOU'RE CONFUSING HERE.

YEAH.

UH, ANYONE ELSE? MR. ANDERSON, GO AHEAD.

I'LL MAKE A MOTION.

WE'RE NOT, WE'RE NOT READY FOR A MOTION YET.

UM, BUT IS THERE ANY OTHER QUESTIONS? UH, I WAS GOING TO PULL UP AFFORDABLY ONLINE, JUST SO YOU CAN TAKE A QUICK LOOK HERE.

CHAIR CHAIRS, I CAN SPEAK FOR A SECOND.

SO I THINK STAFF HAS, GREG, MY UNDERSTANDING IS ALSO THAT THERE IS A SECTION IN THERE THAT ESSENTIALLY ALLOWS TO BE USED ON ANY RESIDENTIAL COMMERCIAL ON A SPECIAL PURPOSE BASED ON ING AND THEN IF I ALSO UNDERSTAND CORRECTLY, IT IS TRUE THAT YOU ARE ALLOWED 25% COMMERCIAL, SO IT IS CONFUSING WHEN WE'RE GOING THROUGH A ZONING CHANGE WHEN MOST OF WHAT IS BEING ASKED WOULD BE ALLOWED AFFORDABILITY AND LOFT DISCOURTESY COULD YOU DIRECT THAT QUESTION TO MR. JOSEPH IF THAT IS TRUE, IF EVERYTHING CAN BE ACHIEVED WITH THE FOUR, LIAM, CAN WE, IS THERE, IS THIS REZONING STILL NECESSARY? THANK YOU.

I DON'T, YOU CAN'T DO A HUNDRED PERCENT MULTIFAMILY RESIDENTIAL DEVELOPMENT UNDER THE AFFORDABILITY ONLINE BONUS PROGRAM.

[01:05:01]

OKAY.

UNLESS YOU HAVE MULTIFAMILY AS A MATTER OF RIGHT.

DOESN'T MATTER WHERE I AM AND THAT I CAN'T MAKE IT ANY CLEARER THAN THAT.

THAT'S MY UNDERSTANDING.

YOU CAN DO A MIXED USE DEVELOPMENT UNDER EITHER.

I KNOW OUR AFFORDABILITY UNLOCKED IF YOU CAN'T DO A HUNDRED PERCENT MULTIFAMILY OR RESIDENTIAL YEAH, I DON'T, I DON'T SEE THAT IN HERE.

ANY OTHER FOLLOWUP QUESTIONS COME AND SHARES ARE, I CAN POINT TO THE SECTION THAT YOU WERE LOOKING AT SINCE 25 TO FIVE, 18 FOR QUALIFYING DEVELOPMENT.

LOOK AT OUR B.

THAT'S KIND OF WHERE IT IS AND I DUNNO, I GUESS STAFFING THAT'S I ONE IS THERE IS NOT ALLOWED, IT MIGHT BE INVOLVED, BUT AS I READ THIS, WHAT I CAN SEE IS THAT YOU'RE ALLOWED BUT THE 25% IS IF YOU WANT TO DO GO ON SHOW, NOT THAT YOU'RE REQUIRED TO DO COMMERCIAL.

SO YOU CAN DO A HUNDRED PERCENT RESIDENTIAL IN ANY ONE OF THOSE BASIS ZONES.

AND IF YOU DECIDE TO DO COMMERCIAL YOU CAN NOT EXCEED 25.

THAT IS MY UNDERSTANDING, BUT I DON'T KNOW IF STAFF, UM, YES, THAT'S, THAT'S HOW I READ IT ALL.

SO I WAS LOOKING AT THE SAME SECTION.

UM, NUMBER TWO, THERE IS COMMERCIAL BASED ON DISTRICT AND SEE AND THE NEXT SECTION HAS THE 25% AS FAR AREA, UM, OF UH, MAYBE COMPRISED OF COMMERCIAL USES.

OKAY.

UM, SO THAT'S EXACTLY WHERE I WAS LOOKING TOO.

SO I QUITE, I THINK COMMISSIONER HAS ASKED QUESTION TO YOU, MARK, IS, WHY ARE WE, WHY ARE WE, WHY DO WE HAVE THIS IN FRONT OF US IF EVERYTHING CAN BE ACHIEVED WITHOUT THIS REZONING? UM, THEY ARE, WE SUPPORT MIXED USE AND HOUSING IN THAT LOCATION.

IT'S SUPPORTED BY ALL OF THE PLANS FOR THE AREA AND THERE WE'RE ABLE TO ASK FOR THAT.

AND IT WOULD BE SILLY FOR US TO DO NOT SUPPORT A PROPOSAL TO DENSIFY THAT, UM, THAT PROPERTY.

BUT IT SEEMS LIKE PERHAPS THOSE OTHER OPTIONS HADN'T BEEN EXPLORED.

UH, WE'RE ASKING FOR THE ZONING.

THANK YOU.

I THINK THAT WAS PRECISELY COMING THROUGH STRAWS POINT WAS IF WE GRANT THE CMU, WE LOSE ANY, UH, CERTAINTY ON THE, ON THE AFFORDABILITY BECAUSE IT COULD CHOOSE NOT TO DO IT.

BUT, UM, WE'RE STILL IN QUESTION, SO WE'VE GOT A FEW MORE QUESTIONS.

IF THERE'S ANY OTHER COMMISSIONERS WANTING TO ASK QUESTIONS AND WE'LL GO TO THE EMOTIONS.

NO OTHER QUESTIONS.

IS THERE A MOTION, MR. ANDERSON WITH APPROVAL? IS THERE A SECOND? THINKING ABOUT COMMISSIONER HOWARD, DID YOU, WOULD YOU LIKE TO SPEAK TO YOUR MOTION? COMMISSIONER ANDERSON? YEAH.

SO, UH, I WORKED WITH MANY OF YOU PRETTY ON AFFORDABILITY, ON LOCK.

I'M NOT A HUNDRED PERCENT CERTAIN THAT THE APPLICANT NEEDS TO BE ACTUALLY GETTING AFFORDABILITY UNLOCKED, BUT IT LOOKS LIKE THEY'RE SIGNING A RESTRICTIVE COVENANT WITH THE ONE GROUP THAT WAS GOING TO BE HERE SPEAKING POTENTIALLY AGAINST THIS WAS, THIS WAS ON THE CONSENT AGENDA.

WE PULLED IT OFF.

UM, THIS AREA OF UNO IS, THIS IS THE PORTION OF UNO THAT WHEN WE RECENTLY LOOKED AT UNO AND WE BROUGHT THE HEIGHTS UP IN A LOT OF AREAS.

THIS WAS THE ONE AREA THAT WE LEFT OUT.

I THINK A LOT OF THE THOUGHT THERE WAS THE UNIVERSITY MIGHT ACQUIRE THIS ONE DAY AND WE DIDN'T WANT TO NECESSARILY BRING UP THE PRICE OF THAT FOR THE UNIVERSITY.

UM, RIGHT NOW THOUGH, YOU KNOW, GOING FROM 65 FEET TO 90 FEET WITH MNR OR WITH, UH, , YOU KNOW, IF THEY WANT TO BUILD A 100 FOOT BUILDING UNDER AFFORDABILITY AND LOCKED IN AT THE 25% OF IT WILL BE AFFORDABLE OR THAT AT 25% BUMP IN HEIGHT UNDER THE CURRENT TIER OR THE CURRENT UNO.

EVEN UNDER AFFORDABILITY, I LOCKED IN A HUNDRED FEET.

SO THIS LOOSENS UP A LITTLE BIT MORE HEIGHT FOR THEM IN A PLACE WHERE HEIGHT MAKES ALL THE SENSE IN THE WORLD.

SO I HOPE THOUGH, BETWEEN NOW AND COUNCIL THAT THEY 100% LOOK AT AFFORDABILITY AND LOCKTON MAKES SURE THAT THEY MEAN TO BE DOING THIS.

BUT WITH THAT RESTRICTIVE COVENANT, IT MAKES A LOT OF SENSE.

AND EVEN WITHOUT IT, HONESTLY, I STILL, THAT'S TOO.

OKAY.

ARE THERE ANY COMMISSIONERS SPEAKING AGAINST OH, THIS IS TODD SHAW.

YEAH.

I JUST, UM, IT'S, I THINK IT WOULD BE A LOT CLEANER.

UM, YOU KNOW, THE AFFORDABILITY QUESTION.

INITIALLY WHEN I ASKED THE QUESTION, THERE WAS NO COMMITMENT TO THE AFFORDABLE HOUSING.

AND I THINK UM, IT WOULD JUST BE A LOT CLEANER IF THEY JUST WENT TO THE, UH, DIRECTLY TO AFFORDED, UH, AFFORDABILITY AND LOCKED AND YEAH.

AND UM, WENT THROUGH THAT PROCESS WITHOUT THE REZONING.

SO THAT'S, THAT'S WHERE I STAND.

[01:10:02]

THANK YOU.

COMMISSIONER COMMISSIONER SPEAKING FOR CHICKEN.

UM, I'M GONNA SUPPORT THIS, UM, WHEN I HOPE THE APPLICANT UNDERSTANDS THAT, UH, I THINK THERE MIGHT BE A BALANCE OF COMMISSIONERS HERE SUPPORTING IT BECAUSE OF THE AFFORDABILITY COMPONENT AND UM, THAT UH, I AT LEAST WILL BE COMMUNICATING WITH, WITH COUNCIL MEMBERS ABOUT THAT AND MAKING SURE THAT THEY'RE AWARE OF THIS ISSUE.

SO I DON'T WANT THIS TO BE UM, INTERPRETED AS, AS LICENSED TO BACK OFF, UM, UH, ANY PLANNED RESTRICTIVE COVENANTS.

UM, SO, UH, BUT I'M WILLING TO LET IT MOVE FORWARD AND, AND LET THE, THE CONFUSION BE HASHED OUT BEFORE COUNCIL AGAINST .

MR SPEAKER, I'M SPEAKING AGAINST BECAUSE I DON'T THINK IT'S A CLEAN PROJECT AS PROPOSED.

A PRIVATE RESTRICTIVE PEDIMENT IS BETWEEN TWO PARTIES THAT ARE NOT PART OF THE CITY OF AUSTIN.

IN ORDER TO ENFORCE THIS PRIVATE RESTRICTIVE COVENANT UAP ASKS TO SUE THE APPLICANT OR THE PROPERTY OWNER.

IT'S NOT THE CITY TO ENSURE THAT THE AFFORDABLE UNITS ARE PRODUCED.

I THINK THAT'S CLOUDING EVERYTHING AT THIS BEEN A STRAIGHT, UH, AFFORDABILITY UNLOCKED WITH GRADLE GLADLY SUPPORTED IT.

CAUSE I THINK IT'S WHERE IT SHOULD BE.

BUT THE PRIVATE RESTRICTIVE COVENANT, IT'S A WHOLE LOT OF DOUBT ONTO THE WHOLE PROCESS.

SO THAT IS THE REASON THAT I'M VOTING AGAIN, THE LAST COMMISSIONER SPEAKING FOR I'LL SPEAK, SO I'M GOING TO SUPPORT IT.

I AGREE.

I DON'T THINK IT'S VERY CLEAN.

UM, BUT ON PRIVATE RESTRICTED COVENANTS, I MEAN IF, YOU KNOW, IF IT WAS LIKE A NEIGHBORHOOD, IT'D BE DIFFERENT.

I THINK THEY HAVE DIFFICULTY IN TRYING TO GET PEOPLE TOGETHER TO MAKE SURE THAT PEOPLE ADHERE TO IT.

BUT UAP UM, IF ANY BODIES ARE ABLE TO, UM, UAP WOULD BE ABLE TO FOLLOW UP WITH THAT.

SO I DON'T THINK IT'S VERY CLEAN, BUT I'M ALSO, UOP I THINK WAS THE ONES WHO REQUESTED THAT THEY FOLLOW UP WITH A RESTRICTED COVENANT AND PUT THEM ON IT.

SO.

ALL RIGHT.

I THINK WE'LL MOVE FORWARD.

LIKE THAT AND LET SEE, MAYBE THEY CAN HASH IT OUT LATER.

SO THANK YOU.

COMMISSIONER SHADE.

LAST COMMISSIONER SPEAKING AGAINST .

OKAY.

I'M NOT NECESSARILY SPEAKING AGAINST THAT.

I WILL BE STAYING NEUTRAL AND I WILL BE ABSTAINING FROM THIS ITEM.

I THINK A LITTLE MORE UNDERSTANDING GOING INTO THIS BEFORE IT MOVES FORWARD AND I THINK THAT'S BEEN MENTIONED BY A BUNCH OF COMMISSIONERS.

I HOPE THAT THE APPLICANT ALSO UNDERSTANDS THE AFFORDABILITY THRESHOLD FOR AFFORDABILITY AND LOFT, WHICH IS MUCH, MUCH HIGHER THAN MOST DENSITY BONUS PROGRAMS, WHICH IF THEY WANT TO GO FOR IT, GREAT.

I WOULD SUPPORT THIS PROJECT.

I THINK IT'S A GREAT THING TO AIM FOR.

HAVING SAID THAT, I THINK THERE'S A BUNCH OF CONFUSION WHEN YOU SIDEWALK, YOU'RE STANDING.

THANK YOU COMMISSIONER HAZARA.

SO WE'VE GOT A MOTION BY COMMISSIONER ANDERSON, SECOND BY COMMISSIONER HOWARD.

WE'VE GONE THROUGH THREE, FOUR AND THREE AGAINST ALL THOSE IN FAVOR, PLEASE RAISE YOUR GREEN ITEM.

UH, ONE, TWO, THREE, FOUR, FIVE, ALL THOSE AGAINST TWO THOMPSON.

I DON'T KNOW IF I CAUGHT, IF I COUNTED YOU THE FIRST TIME.

LET'S DO IT FOR ONE MORE TIME PLEASE.

ONE, TWO, THREE, FOUR, FIVE, SIX, ALL THOSE AGAINST, TO, AND ABSTAIN AND ABSTAINING.

WE'VE GOT ONE, TWO, THREE, FOUR, FIVE ABSTAINING.

THAT IS SIX TO FIVE.

SO THAT MOTION FAILED.

IS APPETITE FOR ANOTHER MOTION OR COMMISSIONER KENNY? UM, I'D LIKE TO THROW OUT THERE THAT, UH, WE MOVED TO POSTPONE THIS CASE BY TWO WEEKS.

IS THERE, IS THERE A SECOND FOR THAT? SECOND BY COMMISSIONER ANDERSON.

UH, WOULD YOU LIKE TO SPEAK TO THAT? COMMISSIONER KENNY? AND I THINK WE UNDERSTAND.

OKAY.

UH, COMMISSIONERS BUT ADJUST ANY COMMISSIONER SPEAKING AGAINST OR NEUTRAL OR FOUR? I'VE GOT A QUESTION TO THE MOTION MAKER.

OKAY, GO AHEAD.

SO, UM, I'D LIKE TO, TO OUTLINE WHAT WE'D LIKE TO ACHIEVE.

SO THIS WAY IT'S CLEAR FOR

[01:15:01]

THE BOOK DURING THE POSTPONEMENT .

UM, I WANT TO TREAD CAREFULLY HERE BECAUSE OF THE AFFORDABILITY COMPONENT.

UM, BUT I THINK THAT, UH, THE APPLICANT HAS HEARD THE DISCUSSION AND, UH, IT'S, IT'S, I THINK, MAYBE NOT CLEAR THAT THERE'S A FULL AWARENESS OF WHAT THE OVERLAPPING POLICIES HERE ENTAIL ON THE PART OF MAYBE THE APPLICANT STAFF.

YOU KNOW, IT'S NOT REAL CLEAR.

SO I THINK IF, UH, WE COULD ALL JUST GET A LOT MORE CLARITY BEFORE WE SEE IT AGAIN, I THINK THAT WOULD BE BENEFICIAL FOR THE APP.

OKAY.

SOUNDS GOOD.

THANK YOU.

I'LL SPEAK NICOLE ON THIS.

I AGREE.

I THINK, I THINK STAFF NEEDS TO NEEDS TO UH, HELPED OUT THE CANAL A LITTLE BIT AND MAKE SURE THEY UNDERSTAND OF KIND OF WHAT, WHAT SORT OF COMMITMENTS THEY'RE MAKING.

I THINK THERE'S SOME PROTECTION THAT PRIVATE RESTRAINT WOULD COME IN EXCEPT IF IT GOES TO THE CITY DURING SITE PLAN.

MY SENSE IS THAT THE CITY MAY NOT NECESSARILY EVEN LOOK AT THE PRIVATE RESTRICTIVE COVENANTS TO ENFORCE THE FOUR LEAN LUCK PORTION.

SO A IS LOTS OF LOTS OF CONFUSION IN THE CASE.

SO I'D HOPE THAT THAT IS RESOLVED BEFORE, BEFORE HE COMES BACK.

UM, IS THERE ANY OTHER UH, COMMISSIONERS SPEAKING FOR OR AGAINST FROM NEUTRAL? MR. SHAW? UH, YEAH, I LIKE THIS IDEA BECAUSE, UH, FROM THE DISCUSSION, I DON'T THINK THE APPLICANT AND EVEN STAFF UNDERSTAND LIKE WE'VE SAID, THE AFFORDABILITY AND LOCKED AND I WOULD HATE FOR THEM TO, I END TO THIS BEFORE THEY REALLY LOOK AT THE ECONOMICS BECAUSE I THINK THEY REALLY NEED TO LOOK AT IT SERIOUSLY.

IT COULD BE, IT MAY NOT BE GOOD FOR THEM SO, BUT I WANT THE AFFORDABILITY BUT THEY REALLY NEED TO UNDERSTAND THE ROLE.

THANK YOU.

COMMISSIONER JOHNNY WELLS.

MR. KINNEY.

SURE.

I JUST WANT TO BE CLEAR THAT UM, UH, THIS MOTION IS, IS UM, TO MAKE AVAILABLE THE, UH, LAY OF TWO WEEKS, BUT THAT'S THE STAFF WHERE THE APPLICANT COULD SEE A FURTHER DELAY.

THANK YOU.

RIGHT, RIGHT.

UM, ANY OTHER COMMENTS? IF NOT, WE'VE GOT A MOTION BY KENNY SECOND BY ANDERSON.

ALL THOSE IN PLEASE RAISE YOUR GREEN ITEMS. ANY OPPOSED? MOTION CARRIES 12 ZERO CAUSE I DON'T SEE THOMPSON OR THERE'S THOMPSON.

OKAY.

THANK YOU MR. THOMPSON AND THANK YOU TO STAFF AND THE APPLICANT FOR BEING PATIENT CHAIR.

COMMISSIONER ANDREW RIVERA.

JUST WANT TO CONFIRM THAT POSTPONEMENT IS TO MAY 26 MAY 26TH.

THAT'S CORRECT.

THANK YOU, ANDREW.

UH, THE GOOD NEWS IS THAT WE HAVE THE SECOND CASE ALREADY LINED UP, SO NO RECESS.

WE'RE GOING TO GO STRAIGHT TO NUMBER

[Items B9 & B10]

NINE AND 10.

DID I DO THAT RIGHT? SHOULD I MOVE FORWARD? NINE AND 10 IS STAFF ON THE LINE AND YEAH.

YEAH, SO I'LL READ IN B NINE A BENIGN IS A PLAN AMENDMENT NPA TWO ZERO ONE SEVEN ZERO ZERO TWO 1.01453 EAST BEN WHITE BOULEVARD PROPERTIES LOCATED AT FOUR OR FIVE 30 EASTERN WHITE BOULEVARD WITHIN THE EAST RIVERSIDE OLTORF COMBINED NEIGHBORHOOD PLANNING AREA.

THE REQUEST IS TO CHANGE THE FUTURE LAND USE MAP FROM SINGLE FAMILY AND COMMERCIAL TO MIXED USE LAND USE.

SO THERE'S NOT RECOMMENDED BY STAFF.

IS THIS SUPPORTED BY THE EAST RIVERSIDE OLTORF COMBINED NEIGHBORHOOD PLAN CONTACT TEAM WITH CONDITIONS AND THEIR LETTERS IN THE STAFF REPORT.

THANK YOU.

UM, IS KATE ON THE LINE? CAN YOU HEAR ME? YES, GO AHEAD.

THIS IS KATE PARK WITH THE PLANNING AND ZONING DEPARTMENT AND I'M DOING ITEM NUMBER 10 ON THE AGENDA.

THIS IS CASE NUMBERS TWO 14 DASH TWO ZERO ONE NINE DASH ZERO ONE SIX SEVEN AGAIN, THIS PROPERTY IS AT 45 30 EAST BEND WHITE STREET AND IT'S APPROXIMATELY 12.4 ACRES.

IT IS CURRENTLY MOSTLY ZONED VSCO M P WITH A SMALL STRIP OF SF TO MP ON THE WESTERN AND NORTHERN BOUNDARIES.

ADJACENT TO THE NORTH OF THIS PROPERTY IS THE COUNTRY CLUB CREEK GREENBELT WHICH IS SF TO NP TO THE EAST IS ATTRACTS ZONED.

G.

O.

C O M P AND TO THE WEST ARE PROPERTIES THAT ARE ZONED L.

O COMT, NGSS TO MP AND SOUTH OF THE PROPERTY.

IT'S ADJACENT TO THE EAST BEN WHITE BOULEVARD.

THE OWNER IS REQUESTING TO BE ZONED THE WHOLE PROPERTY TO C S M U C O N T WHICH WOULD ALLOW FOR MULTIFAMILY USES.

THE CEO IS A SET OF PROHIBITED USES THAT CURRENTLY EXISTS ON THE PROPERTY THAT WOULD BE CARRIED OVER.

STAFF IS RECOMMENDING DENIAL OF THE APPLICANT'S REQUEST TO REZONE TO THIS

[01:20:01]

ZONING DISTRICT.

IT IS LOCATED IN SOUTHEAST AUSTIN AND MULTIPLE EXISTING INDUSTRIAL.

THE AUSTIN FIRE DEPARTMENT REVIEWED THE ZONING TASTE AS PART OF THE REVIEW STAFF REVIEW AND CONDUCTED A HAZARDOUS MATERIALS ASSESSMENT.

THEIR ASSESSMENT FOUND MULTIPLE HAZARDOUS MATERIALS WITHIN THE AREA, SOME OF WHICH DID NOT MEET THE RECOMMENDED DISTANCE AND SEPARATION.

AND DUE TO THE UM, THEY SAID THEIR ASSESSMENT STAFF DOES NOT RECOMMEND PERMITTING PERMANENT RESIDENTIAL USES ON THE SITE.

UM, THIS REPORT WAS INCLUDED IN YOUR BASKET AND WE HAVE REPRESENTATIVES FROM AFD ON THE CALL IF YOU HAVE QUESTIONS ABOUT THEIR FINDINGS.

THANK YOU.

PERFECT.

THANK YOU MAUREEN AND KATE.

MR. JOSEPH, ARE YOU, ARE YOU STILL ON THE LINE? YES, I AM.

GO AHEAD.

DID YOU WANT TO PRESENT YOUR CASE? YES, YES PLEASE.

IF WE COULD HAVE SLIDE NUMBER THREE UP.

IT IS A TOPOGRAPHIC MAP OF THE PROPERTY IS 12 POINT 44 ACRES AND IT'S LOCATED APPROXIMATELY 800 FEET.

SO THE INTERSECTION OF BEN WHITE BOULEVARD NEAR THE HEADWATERS IS COUNTRY CLUB CREEK.

SINCE THE PROPERTY WAS PLANTED AND ZONE AND THE ZONING ORDINANCES SLIDE SEVEN, EIGHT, NINE AND 10.

AND IT'S ALSO IN YOUR BACKUP MATERIAL, THERE BEEN ZERO COMMERCIAL INTEREST IN THE PROPERTY.

AND AS A MATTER OF FACT, THE ONLY INTEREST HAS BEEN FOR MULTI-FAMILIES, WHICH IS WHY WE'RE HERE THIS EVENING.

IT'S ALL THE NEIGHBORHOOD PLAN AMENDMENT ON JULY THE 31ST 2017 SUBSEQUENTLY ENTERED INTO AN EXTENSIVE NEGOTIATIONS WITH THE EAST RIVERSIDE NEIGHBORHOOD ASSOCIATION AND THE EA EAST RIVERSIDE ULTRA CONTACTING WHICH AFTER A VERY LONG TIME RESULTED IN AN AGREEMENT WHICH IS IN YOUR BACKUP MATERIALS AND SLIDES FOUR, FIVE AND SIX OF UM, OF THIS PRESENTATION.

UM, I JUST WANT TO POINT OUT THAT PART OF THAT IS, IS AN OFFER TO INCLUDE MULTI, UH, AFFORDABILITY IN THE MULTIFAMILY COMPONENT IN THIS PARTICULAR PROPERTY.

UM, THE GRANTING OF A NEEDS MET TO FACILITATE THE MAIN REASON FOR THE AGREEMENT WITH THE NEIGHBORHOOD ASSOCIATION AND THE CONTACT TEAM IS THE GRANTING OF AN EASEMENT TO FACILITATE A MULTIPURPOSE HIKING BIKE TRAIL ON THE NORTH AND EAST MOUNTAIN.

YOU'D HAVE THE PROPERTY CONNECTING THE NEIGHBORHOOD HIKING BIKE TRAIL TO THE NORTH END WHITE BOULEVARD, UH, SIDEWALK MR THE GREENHOUSE AREA IN SLIDE SIX IF YOU'LL OPEN THAT UP OF THE EXHIBIT.

THE EAST RIVERSIDE.

ALSO OUR NEIGHBORHOOD ASSOCIATION, THE EAST RIVERSIDE ALTURAS CONTACT TEAM ARE TOTALLY IN SUPPORT OF THIS REQUEST AND HAVE OR WILL ADVISE YOU OF THIS FACT.

THE SAME PLANNING AND ZONING DEPARTMENT STAFF WAS IN SUPPORT OF THAT REQUESTED NEIGHBORHOOD PLAN AMENDMENT AND ADD TO ADD MIXED USE, WHICH OF COURSE MEANS RESIDENTIAL USE AND THIS HAPPENED IN WRITING PREVIOUSLY.

IN FACT, SCOTT SPEAKING WITH THE AUSTIN FIRE DEPARTMENT WHEN THEY MOVED THE NEIGHBORHOOD PLAN AMENDMENT AND RECOMMENDED APPROVAL ON AUGUST THE 14TH 2017 ON THE STRENGTH OF THAT RECOMMEND RECOMMENDATION AND HAVING MADE SIGNIFICANT PROGRESS REACHING AN AGREEMENT WITH THE NEIGHBORHOOD ASSOCIATION ON THE CONTACT TEAM AT GREAT EXPENSE TO MY CLIENT.

WE REQUESTED HE SMU ZONING AND THE RELEASE OF THE CHURCH HIKING ANNOTATION.

SUBSEQUENTLY, AFD MADE THIS NEGATIVE RECOMMENDATION BECAUSE THE PROPERTY WAS LOCATED WITHIN 4,244 FEET OF THE PRESUMED LOCATION OF ANHYDROUS CHLORINE AT THE CYPRESS CONDUCTOR SITE AND A MEETING WITH JERRY RUSH, DEBBIE AND OTHERS.

I WAS ADVISED THAT IT WAS BECAUSE OF THE AFD NEGATIVE RECOMMENDATION THAT THE ZONING STAFF RECOMMENDED AGAINST THE MTA AND THE ZONING.

I WAS ACTUALLY TOLD THAT IF ANY REVIEWER DEPARTMENT WAS NEGATIVE, THEY REQUIRED AN OVERALL NEGATIVE RECOMMENDATION, SO THE NET, THE REASON FOR THE NEGATIVE RECOMMENDATION IS THE PROPERTY IS WITHIN 4,244 FEET OF THE LOCATION OF ANHYDROUS CHLORIDE CHLORINE, WHICH IS SLIDE 12 YOU'LL BRING THAT UP.

AS A MATTER OF FACT, WE CAN FIND NO ORDINANCE REQUIREMENT.

I'M SORRY, I ASSUMED I ASSUMED THAT THE ANHYDROUS CORRINE WAS NOT ADDED TO THE CYPRESS CAMPUS AFTER AUGUST THE 14TH 2017 THAT'S THE DATE THAT THE AFD RECOMMENDED IN FAVOR OF THE OF THE PLAN AMENDMENT.

OF COURSE, I'M ASSURED YOU KNOW THAT THERE'S NO LAND DEVELOPMENT CODE ORDINANCE REQUIREMENTS FOR 4,244 FOOT BACKUP SETBACK FROM THE LOCATION OF ANHYDROUS CORN.

AS A MATTER OF FACT, WE CAN FIND NO ORDINANCE REQUIREMENT OF A SETBACK FROM ANY HAZARDOUS CHEMICALS.

I HAVE ASKED FOR A SITE TO THE ORDINANCE REQUIREMENTS AND ALL.

I WAS PROVIDED WITH A SITE TO A PUBLICATION ON SUGGESTED RESPONSE TIMES IN THE EVENT OF DIFFERENT HAZARDOUS CHEMICAL SPILLS AND THE SPECIFIC WIND SPEED, THE BOTTLE IMPORTANCE FIRST RESPONDERS AND THE FIRE DEPARTMENT AND THE EXCELLENT JOB.

THEY DO APPLAUD THEM FOR THEIR SERVICE.

THEY'RE ALL WELL-SCHOOLED AND TRYING FIRST RESPONDERS AND FIREFIGHTERS, BUT THEY'RE NOT LAND PLANNERS.

A QUESTION SEEDING THE PLANNING AND ZONING DEPARTMENT PLANNING COMMISSION

[01:25:01]

AND CITY COUNCIL PLANNING FUNCTION, AFD.

I'M DIRECTING YOUR ATTENTION TO THE FINAL MAP IN MY PRESENTATION.

THIS IS SLIDE 15 IT DEPICTS THE 4,244 FOOT RADIUS AROUND THE CYPRESS FACILITY.

IT IS EASY TO SEE THAT HUNDREDS OF SINGLE FAMILY AND MULTIFAMILY RESIDENCES ARE ALREADY WITHIN THIS HAZARD ZONE AND DEED.

THEY'RE SINGLE FAMILY HOMES, HOMES LOCATED IMMEDIATELY ADJACENT TO THE CYPRESS CAMPUS.

I WANT TO POINT OUT THAT CYPRESS HAS BEEN HERE AS AMV SINCE 1994 SINCE THEN THERE HAVE BEEN TWO SINGLE FAMILY DEVELOPMENT FOR MULTIFAMILY PROJECTS AND ONE MIXED USE PROJECT APPROVED BUILT AND PRESENTLY OCCUPIED FOR A TOTAL OF 967 MULTI FAMILY UNITS, 151 CONDOS AND 10 SINGLE FAMILY UNITS.

SINCE THEN A MULTIFAMILY DEVELOPMENT HAS NOT BEEN BUILT YET BUT THE MIXED USE ZONING WAS APPROVED MAY THE FOURTH OF 2017 I DON'T KNOW WHETHER AFD MISS THESE ARE WHAT THE REASON BUT THEY ARE LOCATED WELL WITHIN THE RECOMMENDED SETBACK.

IN FACT, ALL THE TWO ARE CLOSE, CLOSE OR CLOSER THAN THE SUBJECT PROPERTY.

HE ASKED YOU TO REPRESENT, REFERENCED THE 2016 EMERGENCY RESPONSE GUIDE BOOK AND THEIR NEGATIVE RECOMMENDATION ON THE PROPOSED ZONING, BUT WE ARE UNCERTAIN THAT THE SUGGESTED SETBACK REQUIREMENTS WERE WERE RECOMMENDED IN PREVIOUS YEARS.

WHY IS THIS THE PROJECT BEING TREATED DIFFERENTLY? IS THIS SET BACK REALLY NECESSARY? SETBACK BEING REQUIRED IS REALLY AN EVACUATION AREA.

IT IS A WHAT IS THERE BETWEEN 200 AND 500 EMPLOYEES AT CYPRESS.

HE APPARENTLY WORK AT THE SITE 24 HOURS A DAY.

THERE MUST BE SYSTEMS IN PLACE THAT WARREN EMPLOYEES OF HAZARDOUS SPILLS COULD THIS NOT BE INTENDED AND EXTENDED FOR RESIDENCES IN THE AREA.

OKAY.

APPARENTLY AND APPARENTLY CYPRUS HAS LIVE IN HARMONY.

WAS THIS NEIGHBORHOOD FOR OVER 25 YEARS.

I ASKED FOR YOUR FAVORABLE RECOMMENDATION.

THANK YOU.

MR. JOSEPH.

I HAVE ONE UH, SPEAKER SIGNED UP TO SPEAK.

MALCOLM YATES.

MR. YATES, ARE YOU ON THE LINE? YES, I'M ON THE LINE.

CAN YOU HEAR ME? WE CAN HEAR YOU.

ARE YOU SPEAKING IN FAVOR OF THE ZONING CHANGE? YES, I AM.

GO AHEAD SIR.

YOU'LL HAVE THREE MINUTES.

OKAY.

MY NAME IS MALCOLM YATES.

I'M THE CHAIR OF THE EAST RIVERSIDE OLTORF COMBINED NEIGHBORHOOD PLANNING AREA CONTACT TEAM.

THE IRAN CONTACT TEAM AND THE REPRESENTATIVES FOR THIS PROPERTY AT 45 30 EAST BEND WHITE HAVE BEEN IN CONTACT FOR SEVERAL YEARS DISCUSSING THIS NEIGHBORHOOD PLAN AMENDMENT.

THE INACCESSIBLE TOPOLOGY OF THIS PROPERTY HAS MADE IT A PREFERRED LOCATION FOR TRANSIENT CAMPS FOR MANY YEARS.

SO THE SURROUNDING NEIGHBORHOODS ARE HOPEFUL THAT SOME KIND OF DEVELOPMENT WILL OCCUR SOON ON THIS PROPERTY.

THIS PROPERTY IS EVIDENTLY NOT ATTRACTED ANY INTEREST WITH THE CURRENT COMMERCIAL ZONING.

THEREFORE, THE YUROK CONTACT TEAM VOTED TO APPROVE THIS PLAN AMENDMENT WITH THE UNDERSTANDING THAT THE CITY WILL WORK WITH THE DEVELOPER TO CREATE A RECREATIONAL USE EASEMENT THAT WILL ENHANCE THE ALTERNATE CONNECTIVITY FOR RESIDENTS OF THIS AREA.

I'VE GOT SOME SLIDES THAT ARE IN THE, UH, THE BACKUP MATERIAL.

I DON'T KNOW IF WE COULD GET THAT ON THE SCREEN NOW FOR, UH, THE, UH, THE COMMISSION TO SEE, UM, I'D LIKE TO GO TO SLIDE TWO IF POSSIBLE.

AND, UH, WE'RE, WE'RE TALKING ABOUT THE COUNTRY CLUB CREEK TRAIL AND IT'S A MAJOR GOAL FOR THE RECREATION, UH, FOR THE IRAN COMPACT NEIGHBORHOOD AREA PLAN.

UH, THIS TRAIL WILL EVENTUALLY CONNECT THE NEIGHBORHOODS OF SOUTHEAST AUSTIN TO MABEL DAVIS PARK, THE COUNTRY CLUB CREEK GREENBELT AND ROY RURAL PARK.

THE ROCK CONTRACT KECK CONTRACT TEAM HAS BEEN WORKING ON THIS TRAIL FOR 15 YEARS AND THERE WAS ONLY ONE REMAINING UNFINISHED SECTION OF THIS TRAIL BETWEEN OLTORF AND RIVERSIDE AND IS CURRENTLY IN THE DESIGN PHASE.

UM, IF YOU GO TO SLIDE THREE, YOU WILL SEE THE, UH, THE CONNECTION OPPORTUNITIES THAT EXIST ON THIS PROPERTY.

UM, THEY CAN CONNECT TO BEN WHITE ON THE SOUTH AND NEIGHBORHOODS AND BUSINESSES ON THE EAST.

AND SLIDE FOUR.

OKAY.

MR. YATES, I DON'T THINK WE HAVE THE SAME SAME PDF THAT YOU'RE, YOU THINK WE'VE GOT, SO WE'RE LOOKING AT SOMETHING ELSE.

I'M SORRY, BUT YOU CAN KEEP SPEAKING.

ALL RIGHT, WELL IT'S IN THE BACKUP MATERIAL.

MMM.

IT'S IN THE BACKUP.

THERE'S AN EMAIL SPECIFICALLY FROM, SORRY, THERE'S A SUCTION, THERE'S THREE BACKUP MATERIALS AND IT'S ONE OF THOSE THAT'S JUST MALCOLM.

YEAH.

YEAH.

SO IT'S A SEPARATE FROM THE CASE FILES, RIGHT? YEAH, THE, THAT IS

[01:30:01]

THE APPLICANT.

SO I'LL JUST CONTINUE HERE.

SO THE PROPOSED RECREATIONAL USE EASEMENT WILL CREATE A NORTH SOUTH TRAIL THAT WILL CONNECT BEN WHITE TO THE COUNTRY CLUB CREEK TRAIL.

AND THIS PROPERTY IS ALSO AN OPPORTUNITY TO CONNECT THE TRAIL TO THE RESIDENTIAL NEIGHBORHOOD CYPRESS CAMPUS.

AND THE PROPOSED MIXED USE DEVELOPMENT ON BEN WHITE WAS AN EAST WEST TRAIL THAT WILL CONNECT TO SUNRIDGE DRIVE.

SO SLIDE FIVE.

THIS SHOWS THE ACTUAL PROPOSED RECREATIONAL USE EASEMENT THAT WE HAVE NEGOTIATED WITH THE OWNER.

AND SO SLIDE SIX IS, UM, OUR REQUEST TO THE CITY COUNCIL TO WORK WITH THE, UH, THE APPLICANT AND THE YUROK CONTACT TEAM, UM, TO CREATE A RECREATIONAL USE EASEMENT FOR THIS PROPERTY.

AND WE'D LIKE THIS, UH, PUT INTO THE PLANNING COMMISSION RECOMMENDATION.

THANK YOU.

ARE THERE ANY QUESTIONS? YEAH, MR. YATES, I DID GET YOUR, UH, PRESENTATION UP HERE, SO I'LL GIVE YOU ANOTHER 30 SECONDS IF YOU'D LIKE TO POINT TO ANY SPECIFIC SLIDE.

ALL RIGHT, THEN.

UM, SO, OKAY.

SO LET'S GO TO, UH, SLIDE NUMBER THREE.

OKAY.

OH, OKAY.

LET'S GO TO THE NEXT SLIDE THERE.

THAT ONE.

ALRIGHT.

SO THIS SHOWS, UM, HOW THIS WILL BENEFIT THE NEIGHBORHOODS.

WELL, NO, YOU WENT BEYOND THAT.

UH, WE WANT TO GO BACK ONE.

OKAY.

UM, IS IT, THERE'S A SLIGHT LAG, SO YOU NEED, YOU HAVE TO BE RIGHT.

OKAY.

ALL RIGHT THEN.

WELL, THE, UH, THE SLIDE THAT I WANTED TO SHOW YOU, WE'LL JUST SHOW YOU THE, THE BENEFITS OF HAVING SOMETHING DONE IN THIS AREA.

UM, THE, UH, UH, THE TOPOLOGY IS SUCH THAT, UH, UM, IT'S VERY INACCESSIBLE AND THERE'S LOTS OF TRANSIENT CAMPS THAT ARE BACK THERE AND THE NEIGHBORHOODS WOULD LIKE TO SEE SOMETHING DEVELOPED HERE.

BOOK YOU WANT A LITTLE TOO FAR? UM, SO COUNTRY CLUB CREEK GREENBELT TRAILS, THAT'S THE ONE YOU WANT.

UM, SO, UM, THE NEIGHBORHOODS WANT SOME KIND OF DEVELOPMENT HERE.

AND WHAT THIS ONE SLIDE SHOWS IS THAT, OKAY, THE NEIGHBORHOOD HAS WORKED WITH THE APPLICANT FOR MANY YEARS IN ORDER TO COME UP WITH A SOLUTION THAT WILL BENEFIT THE ENTIRE AREA WITH BETTER CONNECTIVITY AND AT THE SAME TIME SOME KIND OF DEVELOPMENT THAT WILL DETER TRANSIENT CAMPS.

SO THAT IS WHY SOMETHING DONE.

THANK YOU.

MR HAS ANY FINAL THOUGHTS? UM, NO.

WE JUST WANT TO SEE SOMETHING DONE WITH THIS, UH, UH, THIS PROPERTY AND IT DOESN'T SEEM LIKE COMMERCIAL IS GOING TO DO IT.

THANK YOU, SIR.

THANK YOU FOR TESTIFYING.

THOSE ARE ALL THE SPEAKERS THAT I HAVE.

IS THERE A MOTION TO CLOSE PUBLIC HEARING? MOTION BY COMMISSIONER .

ALL THOSE IN FAVOR? RAISE YOUR GREEN ITEM ANY OPPOSED? MOTION CARRIES UNANIMOUSLY.

UH, COMMISSIONER'S QUESTIONS FOR MR. JOSEPH OR MR. YATES OR STAFF CHAIR.

UH, WHO WAS THAT? SCHNEIDER.

SCHNEIDER THAT KENNY IS, IS THERE SOMEONE FROM THE AUSTIN FIRE DEPARTMENT, UH, AVAILABLE TO SPEAK TO US? I BELIEVE THERE IS GOOD EVENING SCOTT.

STOKE.

YOU SAID HE LOST IN FRONT OF HIM.

YOU'LL LET IT COME AND SAY SNYDER, DID YOU HAVE QUESTION? YES, THANKS.

UM, UH, SO I SAW THE, UH, CONCERNS THAT THE FIRE DEPARTMENT RAISE.

CAN YOU PLEASE DISCUSS, UM, THE SURGEONS YOU HAVE FOR RESIDENTS WHO MIGHT BE LIVING AT A PROPERTY IF IT WERE TO BE DEVELOPED? YOUR MESSAGE BROKE UP.

IT SOUNDED LIKE YOU WANTED TO KNOW WHAT THE CONCERN IS TO THE RESIDENTS ADDED APARTMENT BASED AND I DIDN'T GET WHAT YOUR SCENARIO WAS.

OKAY.

HOW ABOUT THIS? WHAT'S YOUR PROBLEM WITH THIS PROPOSAL? ALL RIGHT.

THAT'S VERY, UH, THE ISSUE IS, OR THE AUSTIN FIRE DEPARTMENT

[01:35:01]

IS, IS THAT IT IS THE PROXIMITY OF THIS PROPOSED LAND USE IN RELATION TO THE LOCATION OF CYPRESS SEMICONDUCTOR.

UM, W W HAS BEEN INVOLVED NOW IN REVIEWING ZONING CHANGES FOR THE PAST THREE TO FOUR YEARS.

AND PART OF OUR REASON FOR DOING THAT WAS THE FACT IS THAT THAT'S WHERE WE OUT THIS AREA IN EAST AUSTIN.

WE'VE BEEN SEEING A CONTINUING PUSH INTO AREAS THAT HAVE BEEN TRADITIONALLY WHAT WE CALL LIGHT INDUSTRIAL OR, OR HAVE LIGHT INDUSTRIAL ZONING, WHICH HAS SOME PRETTY BROAD USES FOR THE STORAGE AND HANDLING OF ABOVE GROUND HAZARDOUS MATERIALS.

UM, OBVIOUSLY CYPRESS SEMICONDUCTOR, WELL A CYPRESS SEMICONDUCTOR IS ONE OF THE, THE ONE OF THE MAJOR SEMICONDUCTOR MANUFACTURERS.

WE HAVE A NUMBER OF IT AT AUSTIN AND WE'VE BEEN STARTING TO AT LEAST QUESTION AND CHALLENGE SOME OF THIS ZONING FROM THE STANDPOINT THAT WE'RE STARTING TO INCREASE THE DENSITY OF PEOPLE IN AREAS THAT IS TRADITIONALLY ALWAYS HAD A MODERATE TO HEAVY INDUSTRIAL USE.

AND THOSE AREN'T ZONING TERMS. THOSE ARE TERMS MERVIN AXILLA WITHIN MY INDUSTRY WHERE THERE'S PROCESSES THAT INVOLVE HANDLING OF FAIRLY LARGE AMOUNTS OF HAZARDOUS MATERIALS, WHICH OCCURS IN SEMICONDUCTOR MANUFACTURING.

WHEN THIS ZONING CHANGE WAS SUBMITTED, WE SIT DOWN AND DO THE ANALYSIS THAT WE DO, UM, WHICH IS ESSENTIALLY A HIGH LEVEL ANALYSIS.

WE DON'T GET BOUNCES THAT WE DON'T GET INTO A VERY DETAILED ANALYSIS BECAUSE OF THE FACT THAT ON THE ZONING CHANGE REVIEWS, WE'RE NOT REALLY SURE WHAT THE PROPOSAL IS.

ALL WE'RE GOING BY IS WHAT THE ZONING CASE IS TELLING US, WHAT THE APPLICANT IS SEEKING.

AND WHAT WE DO IS WE DO KIND OF A, JUST A HIGH LEVEL, UM, ANALYSIS BASED UPON THEIR ABOVE GROUND HAZARDOUS MATERIALS INVENTORY BASED UPON US DEPARTMENT OF TRANSPORTATION EMERGENCY RESPONSE GUY.

AND WHEN WE DID THAT, UH, WE FOUND THAT BASED UPON THE VOT EMERGENCY RESPONSE GUIDE THAT THIS AREA WAS, THIS PARCEL WAS WITHIN THE PROTECTIVE ACTION DISTANCE.

AND SO IT WAS DISCUSSED WITH IT WITHIN THE AUSTIN FIRE DEPARTMENT AND THE FIRE MARSHALL.

BUT WE DIDN'T FEEL LIKE THE STONING WAS APPROPRIATE FOR MULTIFAMILY IF I HAVE A LITTLE LIMITED TIME.

SO I, IF I COULD JUST ASK A SORT OF A RELATED QUESTION.

UM, THE APPLICANT WAS RAISING A CONCERN THAT THIS IS THE FIRST TIME THAT THE FIRE DEPARTMENTS RAISED, UM, UH, UH, CHALLENGES OR CONCERNS ABOUT ZONING IN THIS AREA.

AND THERE'S A LOT OF OTHER HOUSES THAT ARE MUCH CLOSER.

IS THAT BECAUSE IT JUST NEVER CAME BEFORE YOU BEFORE OR IS THIS A NEW OR A MRS A NEW HAZARD THAT YOU'VE IDENTIFIED? ACTUALLY, I'LL GIVE YOU SOME HISTORICAL BACKGROUND.

BASED UPON MY 20 SOME ODD YEARS WORKING FOR AUSTIN FIRE DEPARTMENT LIVING IN AUSTIN FOR 30 YEARS, THIS AREA WAS ALWAYS KNOWN AS INDUSTRIAL.

WE NEVER HAD TO WORRY ABOUT IT.

UM, THE SAME IN CERTAIN AREAS BE EAST AUSTIN.

THAT AREA HAS ALWAYS BEEN KIND OF DESIGNATED IN THE AREA WHERE INDUSTRY WOULD GO.

UM, AND OUR JOB EVEN 20 YEARS AGO WAS AS WE WERE LOOKING AT AREAS IN CENTRAL EAST AUSTIN WHERE WE WOULD LOOK AT PARCELS OVER THERE BECAUSE OF SOME INCIDENTS THAT WE HAVE.

THERE WAS A COUPLE OF HISTORICAL FIRES THAT WE'VE HAD IN AUSTIN AND UM, ONE OF THEM WAS THE CENTRAL, UH, ONE OF THEM WAS THE, UH, FARM SUPPLY STORE OVER ON EAST STRIP WHERE WE HAD TO DO AN EVACUATION OF AN AREA.

WE ALSO HAD A FIRE AT A, UH, UH, POTTERY RETAILER THAT WAS ALSO SELLING PESTICIDES WHERE WE ALSO HAD TO DO SOME EVACUATIONS BACK IN THE NINETIES.

THERE WAS MAJOR PUSHBACK FROM THE CITY, FROM THE CITY, FROM THE RESIDENTS THAT SAYS WE WANT THESE, THESE KIND OF ISSUES REGULATED.

AND AFD HAD DEVELOPED A RISK ASSESSMENT PROGRAM ON THAT.

I GOT PREDOMINANTLY FOR FLAMMABLE LIQUIDS AND LIQUIFIED PETROLEUM GAS.

WHAT HAS HAPPENED SINCE THAT TIME IS THAT NOW WE'RE SEEING THAT PUSH DEEPER OR FAR FARTHER OUT INTO THE AREAS THAT HAVE ALWAYS BEEN CLASSICALLY LAND USES THAT HAVE BEEN LIGHT INDUSTRIAL.

AND NOW WE'RE GETTING CONCERNED AS A DEPARTMENT BECAUSE THE FACT THAT WE'RE SEEING THAT EXPANDING INTO OTHER AREAS THAT WE'VE TRADITIONALLY NEVER SEEN IT.

WE HAVE SOME AREAS DOWN IN OAK HILL THAT ARE LIKE THIS.

WE HAVE SOME AREAS OVER IN EAST AUSTIN OVERALL NINE 69, AND UH, AND MLK AT, UH, AT .

UM, AND WE'RE EVEN SEEING PUSHES PUSH IN THE AREA OF NEAR, I'M GOING TO CALL IT, UH, OBVIOUSLY GOT TO GET OFF OF PALMER LANE BECAUSE OF THEIR PROXIMITY TO

[01:40:01]

SAMSUNG.

AND SO WE'RE WANTING TO MAKE SURE THAT THERE'S A FULL DISCLOSURE ON WHAT THE HAZARDS ARE THAT ARE BEING, THAT AREN'T PRESENT IN THESE AREAS.

BECAUSE IF WE HAVE TO RESPOND TO AN INCIDENT INVOLVING THIS, YOU KNOW, WE'RE NOW GOING TO BE TASKED WITH DEALING WITH DO WE EITHER SHELTER PEOPLE IN PLACE OR DO WE EVACUATE THEM, YOU KNOW, AND THAT'S GOING TO BE DEPENDENT UPON THE RELEASE AND A NUMBER OF OTHER SCENARIOS.

UM, WE ARE VERY FORTUNATE IN AUSTIN THAT WE HAVE NOT EXPERIENCED ANY MAJOR INCIDENTS AT ANY OF THESE FACILITIES.

UM, YOU KNOW, MOST OF OUR INCIDENTS HAVE BEEN TRANSPORTATION ORIENTED.

THE THANK YOU FOR, THANK YOU FOR RESPONDING.

I'M GOING TO CUT YOU OFF HERE JUST FOR A SECOND AND SEE IF THERE'S ANY OTHER COMMISSIONERS THAT HAVE A QUESTION.

THEY MIGHT HAVE A FOLLOWUP QUESTION FOR YOU, COMMISSIONER.

OKAY.

UM, SO, UH, THE APPLICANT RAISED THE ISSUE THAT UH, AFD APPARENTLY DOES NOT HAVE A STANDARD FOR ANHYDROUS AND HYDROUS LAURENE.

UM, BUT IT IS PART OF THIS DDOT EMERGENCY RESPONSE GUIDE.

AND CAN YOU JUST ELUCIDATE ON, UH, IS, IS THE, IS AMT USING THE DEITY GUIDE AS, AS A NEW, AS A STANDARD IN ALL THEIR REVIEWS? WHY HAVEN'T YOU ESTABLISHED A STANDARD FOR THIS CHEMICAL? AND THE APPLICANT IS SAYING LIKE AFD DOESN'T HAVE THOSE STANDARD FOR THIS, SO WHY ARE WE BEING HELD TO IT? CAN YOU ANSWER THAT? JENNY, I'M GOING TO HAND THIS OFF TO YOU.

UM, I'LL STEP OUT FOR A SECOND.

THANKS.

.

SO THE QUESTION WAS FOR AMD.

YES, I UNDERSTAND IT'S NOT, I WANT TO MAKE SURE THAT ISN'T WHAT I SAID BEFORE.

THE FDA STANDARD STANDARDS CONCERNED.

I SAID THAT THERE'S, IF I'M NOT WELL, I ACTUALLY NEED TO KEEP ORDER HERE.

UM, LET ME CLARIFY MY QUESTION FOR AFD.

IN THE BACKUP IT SAYS THE AFP DOESN'T HAVE A STANDARD FOR THIS.

UM, UH, BUT THERE IS ONE FOR THE DOD OR G.

AND CAN YOU JUST, WHAT'S THE DATE ON, ON WHAT ROLE THE ERG IS TAKING IN YOUR, IN YOUR ZONING REVIEWS? NO, I SAID THERE'S NO LAND DEVELOPMENT CODE SETBACK REQUIREMENTS FOR ANY CHEMICALS.

OKAY.

YEAH.

UH, BUT THE QUESTION IS FOR THE FIRE DEPARTMENT STAFF.

OKAY.

WELL I'M HEARING TWO DIFFERENT, I'M HEARING, I'M HEARING TWO DIFFERENT QUESTIONS.

SO I'M GOING TO ASK WHICH QUESTION DO YOU WANT ME TO ANSWER? YOU WANT ME TO ANSWER THE, THE QUESTIONS THAT'S EASIEST.

WHICH IS, ARE THERE ANY LAND DEVELOPMENT CODE SETBACKS FOR HAZARDOUS MATURE? I CAN ANSWER THAT ONE RIGHT.

THERE ARE REGULATIONS FOR SEPARATION DISTANCES FOR CERTAIN HAZARDOUS MATERIALS.

WE HAVE REQUIREMENTS IN THE INTERNATIONAL FIRE CODE, WHICH IS A TECHNICAL CODE TO THE LAND DEVELOPMENT CODE, LIQUEFIED NATURAL GAS, LIQUIFIED PETROLEUM, GAS AND AND CERTAIN LIQUIDS BASED UPON THEIR FLAMMABILITY READY.

WE CAN, WE ALSO HAVE REQUIREMENTS FOR EXPLOSIVES.

SO THERE ARE SEPARATION DISTANCES THAT HAVE BEEN ESTABLISHED IN THE FIRE CODE.

WE HAVE A SPECIFIC SEPARATION DISTANCE FOR ANHYDROUS AMMONIA, I'M AND HUNDREDS CHLORINE.

IS THAT THE SECOND QUESTION? YES.

THE BACKUP INDICATES THAT THERE'S NO STANDARD, THERE'S NO AFD STANDARDS.

THERE ARE STANDARDS THAT THE FIRE CODE THAT'S ADOPTED BY THE CITY OF AUSTIN DOES NOT ESTABLISH.

IT DOES ESTABLISH A SEPARATION DISTANCE FROM, FOR ABOVE GROUND STORAGE OF ANHYDROUS CHLORINE AND ALL OTHER ABOVE GROUND STORAGE.

FOUR.

OKAY.

UH, CORROSIVE AND CERTAIN TOXIC GASES WHICH CLONING FALLS INTO.

THERE ARE REQUIREMENTS FOR THAT, BUT THOSE ARE ESSENTIALLY OPERATING SEPARATION DISTANCES, ONE OVER THE MATERIAL FOR THE PURPOSES OF COMPLIANCE WITH THE CODE.

WHAT DO YOU, I'M SORRY.

CORRECTION.

WHEN WE SLOW DOWN AND GATHERED MY THOUGHTS BECAUSE I'M RECEIVING A LOT OF INFORMATION.

WHAT EFT IS DOING IS THAT WE ARE BASED UPON THE ENGINEERING CONTROLS THAT ARE IN PLACE AT THIS PARTICULAR BUSINESS BASED UPON THE AGE THAT IT WAS BUILT.

THAT LEVEL OF ENGINEERING CONTROLS THAT THEY HAVE FOR THEIR STORAGE OF ANHYDROUS.

CHLORINE AT THIS TIME, UM, ARE LESS THAN WHAT WE'RE CURRENTLY SEEING NOW BECAUSE THAT PARTICULAR FAB FOR THAT PARTICULAR BUSINESS IS AN OLDER FAB AND THE REQUIREMENTS HAVE CHANGED OVER TIME.

WE

[01:45:01]

ASSESSED, WE LOOKED AT WHAT THE POTENTIAL CONSEQUENCES COULD BE BASED UPON AN ACCIDENTAL RELEASE OF ANHYDROUS CHLORINE AT THAT LOCATION USING THE DDOT EMERGENCY RESPONSE GUIDE.

BECAUSE THAT IS A CRITERIA THAT WE USE FOR ALL OF OUR RESPONSES.

AND WITH THAT ANALYSIS, WHICH I WILL SAY IS NOT VERY GRANULAR, IT'S THAT FIRST STEP AND JUST TRYING TO, UH, ASSESS THE HAZARD.

IT RAISED CONCERNS WITH US FROM THE STANDPOINT THAT IF WE DO GET A RELEASE DURING STORAGE OR HANDLING, WHICH COULD INCLUDE UNLOADING OF THE CYLINDERS, WE HAVE THE POTENTIAL FOR RELEASE AT NIGHTTIME WITH THOSE GIVEN ATMOSPHERIC CONDITIONS THAT IT COULD IMPACT A MULTIFAMILY HOUSING COMMUNITY.

SO I WANT TO, I WANT TO SUM THAT UP A LITTLE BIT.

UM, THE, UH, THE FIRE CODE STANDARDS, UM, THAT ARE PART OF THE ADOPTED FIRE CODE ARE BASED UPON A CERTAIN STANDARDS.

WHAT SORTS OF HANDLING AND THAT THE CONDITIONS AT CYPRESS SEMICONDUCTOR, YOUR, UM, PREDATE THOSE STANDARDS.

SO YOU WERE ARGUING THAT A, WERE THEIR DISCIPLINES IS PRUDENT GIVEN THAT, UH, THE STORAGE AND HANDLING STANDARDS ARE NOT UP TO THE CURRENT FIRE CODE? NO, THAT'S NOT WHAT I'M SAYING.

WHAT I, WHAT I'M SAYING IS, IS THAT THE LEVEL OF CONTROLS THAT WERE PRESCRIBED FOR THE AMOUNT OF STORAGE BASED UPON WHEN THAT SITE WAS BUILT, UH, OR LESS THAN WHAT WE HAVE NOW, IT'S A PERFECTLY LEGALLY COMPLIANT CONDITION.

HOWEVER, FOR THE PURPOSES OF ACCIDENT PREVENTION, THERE IS A GREATER POTENTIAL FOR RIGHT POSSIBLE OFFSITE CONSEQUENCE FROM THE CYPRESS SEMICONDUCTOR FACILITY IN COMPARISON TO SOME OF OUR NEWER MANUFACTURING PLANTS THAT STORE AND HANDLE THE SAME MATERIAL.

AND IN COMPARISON TO THE CITY OF AUSTIN, WHICH ALSO HANDLES IN CERTAIN CASES AND HYDROS CHLORINE FOR WATER TREATMENT.

AND SO WHAT WE DID IS THAT BASED UPON THOSE CONTROLS THAT ARE IN PLACE AND USING THE DOTC EMERGENCY RESPONSE GUIDE, WE, WE QUESTIONED THE USE OR THE CHANGING OF THE ZONING TO ALLOW MULTIFAMILY AND THIS PARTICULAR AREA.

READY.

RIGHT.

THANK YOU, SIR.

THAT'S MY TIME.

UH, WHO DO WE HAVE NEXT IN THE QUEUE? OKAY, SURE, SURE.

GO AHEAD.

SO A QUICK, THIS IS FOR THE FIRE DEPARTMENT.

CAN YOU, UM, WHAT WERE THE TWO CHEMICALS OF CONCERN FOR THIS, UH, PER SITE I HAVE, THERE WAS ACTUALLY THREE CHEMICALS OF CONCERN.

UM, WAIT, I'M PULLING MY NOTES, SORRY.

I'VE GOT TWO ZONING CASES HERE AND THEN I FOUND OUT THAT ONE OF THEM GOT CANCELED.

SO I THINK I'M TRYING NOT TO MINGLE MY FILES.

YOU'RE SURE.

THIS IS PAGE 17 OF THE BACKUP ON BTN.

OKAY.

SO THERE WERE THREE CHEMICALS.

THERE WERE THREE HOUSES, MATERIALS WE LOOKED AT, UM, AND HYDROUS, CHLORINE AND HYDROS, HYDROGEN FLUORIDE AND ANHYDROUS AMMONIA.

OKAY.

SO COULD YOU BRIEFLY TALK ABOUT THE HEALTH EFFECTS IF THOSE ARE RELEASED? UM, HOW BAD ARE THEY IF THEY, WELL, WHAT HAPPENS IF, UH, YOU'RE LIVING NEARBY AND YOU GET A RELEASE SO THAT THERE'S CHEMICALS HAVE ANY OF THOSE CHEMICALS THAT ARE ALL GOING TO BE CORROSIVE.

ALL RIGHT? SO WHAT WILL HAPPEN IS, IS THAT DEPENDING UPON IF YOU INHALE AND HYDROUS FOR A HYDROGEN FLUORIDE OR AMMONIA, UM, THERE'S GOTTA BE IMMEDIATE RESPIRATORY DISTRESS, UH, WITH CHLORINE.

UM, IT'S, WHAT HAPPENS IS, IS THAT WHEN THE WATER REACHES THE CORY AND IT WILL CONVERT INTO HYDROCHLORIC ACID, UM, THE FLOOR HYDROGEN FLUORIDE, IT CONCERNS IT.

WHEN YOU MIX IT WITH WATER, IT CONVERTS INTO HIGH HYDROFLUORIC ACID.

UM, AND WITH AMMONIA, IT, IT CONVERTS INTO AN AMMONIUM HYDROXIDE.

THEY ALL HAVE THE CHLORINE AND THE HYDROGEN FLUORIDE OR WHAT WE DEEM AS TOXIC BECAUSE OF THEIR LOW TOXICITY LEVELS.

AND HYDROUS AMMONIA IS, THE CONCERN WITH THAT IS, IS THAT IT'S A MATERIAL THAT REALLY LIKES TO ABSORB WATER.

SO ONE OF THE CONCERNS WE HAVE WITH THAT IS, IS THAT IT WILL, UM, CAUSED A GREATER LEVEL OF INJURY BECAUSE OF THE AMOUNT OF IT AGAINST THE HUMAN BODY, FLOORING, HYDROGEN FLUORIDE AND ANHYDROUS AMMONIA.

UM, UH, NOT, NOT,

[01:50:01]

DON'T PRESENT THAT HAZARD TO THE SITE.

THE WAY THAT IT'S STORED AND HANDLED AT CYPRUS IS, IS CORRECT OR NOT CORRECT.

I'M SORRY.

MEETS THE SEPARATION DOESN'T REQUIRE PROTECTIVE ACTION DISTANCE.

I'M SORRY.

THE ANHYDROUS CHLORINE ON THE OTHER HAND DOES BECAUSE OF THE, IT'S BEHAVIOR, IT'S ATMOSPHERIC BEHAVIOR AND THE, AND THE MAKEUP OF THE MOLECULES.

SO ANHYDROUS AMMONIA OR NOT WHAT THE CONCERN IS, WE HAVE ABSOLUTELY NO CONCERNS WITH US.

IT'S THE ANHYDROUS CHLORINE, WHICH IS WHAT RAISES OUR CONCERNS.

OKAY.

I APPRECIATE IT.

THANK YOU.

COMMISSIONERS WITH THE QUESTIONS.

ALRIGHT.

I'M NOT SEEING ANY, UH, WE HAVE, UM, A MOTION TO, UM, IT'S PUBLIC HEARING.

I'M SORRY, COMMISSIONER BIZARRE.

OH, NO, I'M JUST THINKING EMOTION.

.

OKAY, LET'S TURN TO, UH, I THINK WE ALREADY DID CLOSE PUBLIC HEARING, RIGHT? SORRY, I HAD TO STEP OUT.

OKAY.

SO, UM, WE'RE READY FOR EMOTION.

I WILL MAKE A MOTION TO STAFF RECOMMENDATION.

IT WAS SECOND, SECOND BY COMMISSIONER SCHNEIDER.

YES.

I'M GOING TO SPEAK TO YOUR MOTION.

I MEAN I DON'T THINK I NEED TO IT, BUT YEAH, I THINK WE'VE HAD SOME INDICATION THAT THERE ARE SAFETY CONCERNS AND I JUST WANT TO HONOR THE WORK THAT HAS BEEN DONE, DO THAT AND LISTEN TO THE EXPERTISE THAT WE'RE BEING LISTENED TO.

AND YOU KNOW, I THINK IT SEEMS LIKE BROADLY THAT WOULD HAVE BEEN GREAT.

IT ALSO SOUNDS LIKE SOMETHING THAT THE NEIGHBORHOOD WOULD HAVE WANTED A NAME THAT WE DO NOT MOVE AHEAD WITH THIS PROJECT, BUT ALSO AT THE SAME TIME WE'RE THINKING, I THINK IT MAKES SENSE FOR US TO FOLLOW THE STAFF RECOMMENDATION.

RIGHT.

AND HE'S SPEAKING AGAINST WHAT'S YOUR SHAW? SO, UH, WE HAVE, UH, WE HAVE, UH, THIS HAS HAPPENED BEFORE WHERE THE FIRE DEPARTMENT HAS ADVISED AGAINST RESIDENTIAL AND WE VOTED AGAINST IT.

AND I'VE SAID THIS BEFORE, AS YOU KNOW, ONE OF OUR NUMBER ONE CHARGES IS TO PROTECT THE PUBLIC.

UH, WE NEED TO DO BETTER PLANNING HERE AND NOT ALLOW ALL RESIDENCES TO ENCROACH IN OUR INDUSTRIAL AREAS.

WE HAD TALKED ABOUT DOING A BETTER JOB OF PLANNING IN THE AREA OF BEN WHITE.

I THINK THERE IS A GROUP HUB OR YOU KNOW, IT CAME UP AND IT WAS NEAR HAZARDOUS MATERIALS.

WE'VE GOT TO REALLY DO A BETTER JOB OF FINDING LOCATIONS IN THE CITY THAT ARE INDUSTRIAL AND NOT PLANNING A BUNCH OF PEOPLE THERE.

I DID A LOT WITH THE HOLLY STREET NEIGHBORHOOD.

UH, I WORKED FOR AUSTIN ENERGY AND WHAT YOU SAW THERE WAS A PLANT.

THAT RESIDENTIAL IS ALLOWED TO GROW UP AROUND IT.

UH, AND, AND IT'S NOT A GOOD THING WHEN THAT HAPPENS.

SO RESIDENTS, THEY'LL START DEMANDING THAT THOSE CLIENTS CLOSE.

IT ALWAYS HAPPENS THAT WE NEED CARE OUT HERE.

I THINK THERE'S JUST A LITTLE BIT OF CONFUSION BECAUSE OF THE WAY THAT THE MOTION, I WANT TO CLARIFY CRENSHAW SNAP RECOMMENDATION IS TO OPPOSE THE APPLICATION.

WELL THEN, UH, AND I'M, UH, I GUESS WE NEED TO CHANGE MY FOR BEING IN SUPPORT OF EMOTION.

YEAH.

ALL RIGHT.

ARE THERE ANY COMMISSIONERS WHO WANT TO SPEAK AGAINST THIS? ALRIGHT.

UH, ANY LAST SPEAKERS FOR SURE.

YEAH.

SO, UM, ONE THING I, I TALKED TO THE APPLICANT A LITTLE BIT AND, BUT I BELIEVE I HEARD IS THAT THEY TRIED TO GET AN ANSWER FROM AUSTIN FIRE DEPARTMENT OR ON THAT THEY WERE UNABLE TO DO.

SO.

I WONDER IF THERE WAS A WAY THAT INSTEAD OF SOMEBODY HAVING TO EMBARK DOWN THIS PROCESS OF OKAY, WHAT LAND IS AVAILABLE, UM, WHAT DOES THIS LOOK LIKE? HIRING PEOPLE GETTING ALL THE WAY DOWN TO HERE AND THEN, AND SO AS I UNDERSTAND, LIKE AUSTIN FIRE DEPARTMENT DOESN'T WEIGH IN NECESSARILY EARLY ON.

IT COULD BE WRONG, IT'S JUST WHAT I WAS TOLD WOULD BE REALLY NICE TO KNOW ONE WAY OR THE OTHER DEPARTMENTS.

SUNLINE THAT'S THE PROCESS THAT WE CAN LOOK INTO.

AND THEN ANOTHER THING IS TO THINK THROUGH, WE JUST HEARD OFF THE FIRE DEPARTMENT SHARED THAT, UM, YOU KNOW, MORE AND MORE HOUSING AS BEING PUSHED INTO THIS AREA.

NO, WE HAVE A LAND DEVELOPMENT CODE THAT HATES HOUSING.

AND SO YEAH, WE'RE GOING TO BE SEEING A LOT MORE HOUSING DEMAND IN AREAS THAT AREN'T NECESSARILY CONDUCIVE.

SO AS WE CONTINUE TO PUSH HOUSING FURTHER AND FURTHER OUT BECAUSE WE'RE UNWILLING TO EDIT SPI, BUT THINGS TO THINK THROUGH THERE.

SO YOU RIGHT.

THAT IS ALL OF OUR SPEAKERS.

UM, ALL UH, COMMISSIONERS IN FAVOR OF THE MOTION TO APPROVE THE STAFF RECOMMENDATION ON ITEMS NINE AND STAN TO DENY THE APPLICATION WE USE.

RAISE YOUR GREEN EYES.

[01:55:01]

UH, WELL I SUPPOSE THERE'S NONE.

SO UM, UM, THE FAVOR OF THE SNACK RECOMMENDATION AND IT'S NINE.

IT'S BEEN AND WE ACTUALLY WOUND UP STAYING.

HELLO? I'M SORRY.

THAT'S OKAY.

11 ZERO ONE.

UM, SO MOVING ON TO ITEM 11 STAFF HAS ASKED FOR A SIX MINUTE RECESS SO WE WILL SEE YOU AGAIN AT EIGHT.

HEY, UM, LET'S GO AHEAD AND KICK OFF

[Item B11]

A MEMBER OF 11.

JASON, ARE YOU THERE? YES I AM.

OKAY.

WOULD YOU LIKE TO GO AHEAD AND BEGIN THE ITEM? GREAT.

THIS IS HEATHER CHAFFIN PLANNING AND ZONING DEPARTMENT ON CASE 2018 ZERO ONE TWO ONE WHICH IS TWO 18 SOUTH LAMAR.

ALSO MOON IS THE SCHLOCKY POD.

THE ZONING REQUEST IS FROM C V TO P U D HUD ZONING.

THE SITE IS 1.26 BAKERS AND STAFF IS SUPPORTING THE REQUEST WITH THE CONDITION AS A PUBLIC RC TO ATTACH THE TRANSPORTATION MITIGATION IN THE MOUTH.

THE SITE IS CURRENTLY UNDER REVIEW FOR A SITE PLAN AND SINCE THE TIME THAT IT WAS INITIALLY FILED IT HAS BEEN DETERMINED THROUGH THE SITE PLAN PROCESS THAT VEHICULAR VEHICULAR ACCESS TO SOUTH LAMAR WOULD NOT WORK TO.

ATD IS REVIEWED THE PROPOSED CHANGES AND PREPARE AN UPDATED TIA MONO.

THERE'S ALSO BEEN A PETITION FILED IN OPPOSITION TO THE RESENTING REQUEST.

IT CURRENTLY STANDS AT 17.79% WHICH DOESN'T NEED THE VALID PETITION LEVEL.

THE PROPERTY IS LOCATED AT THE CORNER OF SOUTH LAMAR AND ME ROAD NORTHWEST CORNER IS CURRENTLY ZONED AND DEVELOPED WITH A SCHLOTZSKY'S RESTAURANT AND THE BUTLER SHORE SUB DISTRICT OF THE WATERFRONT OVERLAY TO THE NORTH AND WEST OR CITY OF AUSTIN PARKS DEPARTMENT PROPERTIES INCLUDING BACK THEATER.

THE TOEFL THEATER PEOPLES PLAZA AND PART OFFICERS.

THIS IS MOSTLY ZONED PUBLIC EXCEPT FOR SOME PIECES THAT ARE ACROSS TO ME.

ROAD TO THE SOUTH ARE SORRY, THE COAL BUILDING WHICH IS MIXED USE BUILDING ON THE GROUND FLOOR WITH APARTMENTS, RESTAURANTS, RETAIL, OTHER PEDESTRIAN ORIENT ORIENTED USES ON THE GROUND FLOOR FURTHER SOUTH OR OTHER PROPERTIES IS OWNED BY THE S AND C S V WITH A MIX OF COMMERCIAL USES INCLUDING HOTEL, RETAIL AND MORE SOUTHWEST OF THE PROPERTY.

OUR PROPERTIES INCLUDING CITY OFFICES AND FACILITIES EAST OF THE PROPERTY ACROSS LAMAR OR PROPERTIES DEVELOPED WITH THE BRIDGES, UM, ON THE PARK CONDOMINIUM AND COMMERCIAL USES ON THE GROUND FLOOR INCLUDING PERSONAL SERVICES, RETAIL AND MORE NORTHEAST OF THE PROPERTY AT THE CORNER OF RIVERSIDE AND SOUTH LAMAR IS TWO 11 SOUTH LAMAR, WHICH IS ALSO KNOWN AS THE HOSPITAL HEAD.

WE'LL BE REFERRING TO THAT LATER.

YEAH, THE MAIN, OKAY.

FOCUS OF THE PET REQUEST IS TO INCREASE THE MAXIMUM BUILDING HEIGHT FROM 60 FEET TO 96 FEET.

MRSA PROPERTIES ALONG THE STRETCH OF SOUTH LAMAR HAVE CSS ZONING, WHICH HAS A MAXIMUM HEIGHT OF 60 FEET.

THERE ARE EXCEPTIONS.

THE TOW FOR THEATER IMMEDIATELY TO THE NORTH.

A CITY OF AUSTIN FACILITY HAS A SPECIAL EXCEPTION THROUGH AN ORDINANCE THAT WAS PASSED IN 2008 THAT ALLOWED A HEIGHT EXCEPTION UP TO 80 FEET FOR FIVE TOWERS, WHICH ARE RELATED TO A PUBLIC PERFORMING ARTS FACILITY.

AND THE ORDINANCE THAT ESTABLISHED THAT, WHICH IS IN THE BACKGROUND BACKUP CITY COUNCIL DIRECTED THE CITY MANAGER TO NOT CONSIDER THE HEIGHT OF THE FLY TOWER.

OKAY.

AS A HEIGHT EXEMPTION, UM, IN ANY RECOMMENDATION.

OKAY.

OR HEIGHTENED TITLEMENTS FOR STRUCTURES IN THE SURROUNDING AREA.

OKAY.

IN 2013 AT, OKAY.

TWO 11 SOUTH LAMAR, THE TACO PUB, UH, THE PROPERTY WAS GRANTED MIAMI SIX FEET

[02:00:01]

IN HEIGHT IS A RESIDENTIAL MIXED USE DEVELOPMENT.

BUT IN 2019 THERE WAS AN ORDINANCE THAT AMENDED THE PUD TO ALLOW HOTEL AND MIXED USE.

OKAY.

AT THE PERMITTED HEIGHT OF 96 FEET STAY THE SAME.

THE PROPERTY AGAIN IS IN THE BUTLER SHORE SUB DISTRICT OF WATERFRONT.

EVERLANE.

THE SUBDISTRICT ESTABLISHES SCIENCE STANDARDS AND PERMITTED LAND USES THAT ARE MORE RESTRICTIVE THAN THE BASE CS RUNNING CATEGORY .

AS PART OF THE DESIGN STANDARDS, IT'S REQUIRED TO HAVE AT LEAST 50% OF THE GROUND FLOOR.

OKAY.

DEVELOPED WITH THE PEDESTRIAN ORIENTED DCIS, WHICH IS LIMITED TO 11.

MANDY'S APPLICANT IS STATING AS PART OF THEIR REQUEST, ALTHOUGH THE GENERAL RULE IS THAT PUGS SHOULD BE 10 ACRES.

THEY'RE SAYING THAT THESE REQUIREMENTS OF THE WATERFRONT OVERLAY OR THE SPECIAL CIRCUMSTANCES THAT AFFECT THE SITE.

OKAY.

WHICH MAKES IT APPROPRIATE FOR A PUD REQUEST.

THEY GET IN ADDITION TO THE CS, THERE IS THE V IS EMU.

YEAH.

UH, INCREASES DEVELOPMENT INTENSITY OPTIONS BUT IT DOES NOT INCREASE HEIGHT, WHICH AGAIN IS THE MAIN REQUEST UNDER CODE.

THIS SECTION OF SOPHOMORE MAR IS DESIGNATED AS A CORE TRANSIT CORRIDORS AND DESIGNATED AS A LOAD LEVEL THREE RIGHT AWAY IN THE AUSTIN AUSTIN STRATEGIC MOBILITY PLAN.

IT'S ALSO A PRIORITY NETWORK BICYCLE PRIORITY NETWORK AND VEHICLE PRIORITY NETWORK.

AND IMAGINE AUSTIN IDENTIFIES THE CORRIDOR AS A BRIDGE CONCEPT PLAN.

UH, THE DRAFT LAND DEVELOPMENT CODE IDENTIFIES THE PROPERTY AS WHICH ALLOWS HIGH INTENSITY MULTIUNIT RESIDENTIAL OFFICE SERVICE, RETAIL AND ENTERTAINMENT USES THE BRIDGES ON THE PARK, WHICH IS ACROSS THE STREET TO THE EAST.

POSSIBLE MALL IS ALSO DEATH.

THERE'S A NATIVE AND YOU IN THERE.

OTHER PROPERTIES IN THE AREA THAT ARE N S THREE MAIN STREET ZONE, WHICH IS INTENDED TO PROVIDE HOUSING AND CONVENIENT ACCESS TO SERVICES AND AMENITIES AND ALONG ACTIVE FOR AN ADU AND WELL-CONNECTED CORRIDORS.

THE REZONING REQUEST, AGAIN THE PRIMARY REQUEST IS TO INCREASE THE HEIGHT FROM 60 FEET TO 96 WEEKS.

THEY'RE ALSO REQUESTING THE ELEVATOR EQUIPMENT IS FEED HEIGHT BY 20 FEET, I'M SORRY, 20% AND BY CODE 15% THEY'RE REQUESTING THAT GROUND FLOOR BUILDING SETBACKS BE REDUCED TO ZERO FEET, WHICH IS TYPICALLY 10 FEET ON THE FRONT STREET SIDE YARD SETBACK.

THE A ABOVE GROUND LEVEL FOR SETBACKS IS SOMETHING THAT I THINK THE APPLICANT WILL DISCUSS DURING HER PRESENTATION.

THEY WILL HAVE ADMINISTRATIVE BUSINESS OFFICES AS GROUND FLOOR AND THE STRAIN USES, BUT THEY WILL NOT EXCEED 50% AND THEY WERE PROPOSING TO MEET THE TIER ONE AND TIER TWO PAD REQUIREMENTS WITH A VARIETY OF ITEMS INCLUDING THE ROOFTOP DECK WILL BE MADE AVAILABLE BY RESERVATION TO LOCAL NONPROFITS.

IT'LL BE A THREE STAR GREEN BUILDING, THE STREET YARD LANDSCAPING OR EXCEEDS PAID BY BE 5% LANDSCAPE AREAS AND SWELL THAT FOR PLANTING AREAS OR EXCEED MINIMUM REQUIREMENTS BY SIX INCHES.

LANDSCAPING.

WE'LL USE NATIVE AND ADAPTIVE SPECIES AS IDENTIFIED BY CITY STAFF.

THE CONTRIBUTION TO 20,000 OR NOT TO EXCEED 2020 7,800 TOWARD A PLANT CAP METRO BUS STOP ADJACENT TO THE SITE AND 25,000 TOWARDS THE PLAN BIKE TRACK.

THERE WILL BE AN ENHANCED SUPPLEMENTAL ZONE ALONG LAMAR INCLUDING SEVEN FOOT PLANTINGS AND 10 FOOT BACKTRACK AND 15 FOOT LANDSCAPED SIDEWALKS.

THEN 42 CALIPER INCHES OF TREES, AN IPM PLAN, 8,000 SQUARE FOOT PUBLIC PLAZA AT STREET LEVEL.

OKAY.

ONSITE ART IN PUBLIC PLACES, WHICH INCLUDES THE A THOUSAND SQUARE FOOT ARTIST'S GALLERY FREE OF CHARGE TO A LOCAL NONPROFIT.

YEAH, WHICH WILL BE ON THE, AGAIN ON THE GROUND FLOOR ADJACENT TO THE PLAZA SPACE, THERE'LL BE A DIRECT PEDESTRIAN CONNECTION BETWEEN THIS PROPERTY AND THE PART AND PROPERTY.

OKAY.

TO THE WEST AND RELATED FACILITIES.

[02:05:01]

UM, ALSO TO NORTH, THEY WILL EXCEED BIKE PARKING BY 120%.

UH, ELECTRIC VEHICLE PARKING IN THE PARKING GARAGE THERE WILL ONLY BE SUBGRADE PARKING, NO SURFACE PARKING.

THERE ISN'T ANY ONSITE RESIDENTIAL, UH, PROPOSED.

BUT THIS TIME THEY WILL PAY A FEE IN LIEU TO THE OKAY HOUSING DEPARTMENT AT UH, UM, TO PROVIDE OUT OFFSITE HOUSING.

THEY WILL PARTICIPATE IN PURPLE PIPE RECLAIMED WATER SYSTEM WHERE AVAILABLE.

OKAY.

WHICH AND WILL INVOLVE DOUBLE PIPING.

IT WILL BE AT LEAST FOUR, UH, ADA ACCESSIBLE SHOWER FACILITIES AND THEY ARE STATING AS PART OF THEIR REQUEST THAT THE PARKING ON THE SITE WILL BE A COMMUNITY BENEFIT.

I HAD IN PARKING FOR NEARBY AND THEATER USERS.

IT WON'T BE A FREE PARKING SITUATION OR RESERVED.

IT WILL BE REGULAR PAID PARKING BUT DO TB OFFICE.

UM, YEAH.

WHEN PEOPLE ARE USING OFFICES VERSUS EASING THE THEATER ON THE WEEKEND AND EVENINGS, I THINK THAT'LL WORK OUT.

UM, AGAIN, THE TRANSPORTATION ISSUES.

THIS IS A MAJOR TRANSPORTATION CORRIDORS AND THE UH, APPLICANT HAS WORKED WITH AUSTIN TRANSPORTATION DEPARTMENT TO DEVELOP A TIA AND HAS BEEN REVIEWED AND THEY WILL PAY MONEY FOR NEARBY AND OFF SITE IMPROVEMENT.

AGAIN, THE AFFORDABLE HOUSING, THEY WILL PROVIDE A FEE IN LIEU OF IF THE RATE OF ESTABLISHED BY MHD, WHICH IS THE MAXIMUM THAT WE CAN REQUIRE NUMBER CODE.

OKAY.

THERE'S CURRENTLY A SITE PLAN NUMBER REVIEW OF A SEVEN STORY OFFICE BUILDING.

OKAY.

WITH THE GROUND FLOOR COMMERCIAL AND OTHER AMENITIES AND UM, THERE ARE LOTS OF EXHIBITS.

WE ALSO RECEIVED SEVERAL LETTERS, MANY LETTERS IN OPPOSITION AND IN SUPPORT WE'RE SUPPORTING STAFF IS SUPPORTING THE REQUEST.

THE BUTLER SHORE SUB DISTRICT WAS ESTABLISHED IN THE NINETIES AND SINCE THEN THERE'S BEEN A HIGH PRIORITY YEAH.

ON DENSIFYING THIS AREA OF THE CENTRAL CITY TO REDUCE TRAFFIC IMPACTS.

I'VE CONTINUED GROWTH FROM OUTSIDE AREAS ALSO IN 2013 WITH THE TACOS, THE HEIGHT INCREASE TO 96 HE WAS APPROVED.

YES.

RIGHT.

HOLD ON.

UH, MS CHAMPIONS, DOES THAT CONCLUDE YOUR PRESENTATION? FOR NOW, I WILL CONCLUDE MY PRESENTATION.

I ALSO HAVE TRANSPORTATION STAFF HERE FOR QUESTIONS AND ANYTHING ELSE YOU WANT TO ADD? GREAT.

THANK YOU.

UH, CHAIR, WE HAVE DISPOSE OF ITEMS NINE AND 10.

WE'RE ON ITEM NUMBER 11 AND THIS INCLUDED THE STAFF PRESENTATION.

PERFECT.

THANK YOU.

UH, IS AMANDA SWORE ON THE LINE ? YES SIR.

OKAY.

AND DO YOU HAVE A PRESENTATION? YES SIR.

IF THE VISUAL STAFF COULD PULL UP THE PRESENTATION WITH A BACK FLAT GROUND THAT SAYS TWO 18 SOUTH LAMAR IN WHITE, IF YOU COULD LET ME KNOW WHEN THAT'S VIEWABLE, I'LL BEGIN MY PRESENTATION.

OKAY, WE SEE IT NOW.

OKAY, WONDERFUL.

IT'S MINUTES.

THANK YOU.

GOOD EVENING CHAIR AND COMMISSIONERS.

I'M AMANDA SWORE WITH GENDER GROUP ON BEHALF OF THE TWO 18 SOPHOMORIC BUD AND THAT CYCLING THE STAFF MENTIONED THE PROPOSED PROJECT IS A SEVEN STORY OFFICE PROJECT CONTAINING APPROXIMATELY 160,000 SQUARE FEET OF OFFICE AND UP TO 26,000 SQUARE FEET OF GROUND FLOOR, RETAIL AND RESTAURANT USES.

THE MAXIMUM HEIGHT OF THE PROPOSED STRUCTURE IS 96 FEET WITH A MAXIMUM FLOOR AREA RATIO OF 3.55 TO ONE PARKING FULLY CONTAINED IN A FOUR STORY BELOW GRADE PARKING GARAGE THAT WILL BE OPEN TO THE PUBLIC TO PROVIDE MUCH NEEDED PARKING IN THIS GROWING CULTURAL AREA.

THIS GARAGE WILL FUNCTION VERY SIMILAR TO THE CITY HALL GARAGE THAT SERVES, BUT ONLY THE CITY HALL BUILDINGS, BUT THE SECOND STREET AERIE AREA AND THE MOODY THEATER IN ADDITION TO THE OFFICE DEVELOPMENT, THE PUDDLE PROVIDING 8,000 SQUARE FOOT PUBLIC PART OF THIS ON THE GROUND FLOOR.

NEXT SLIDE PLEASE.

THE STAFF MENTION THIS PROJECT

[02:10:01]

IS PURSUING A DEVELOPMENT BECAUSE OF OUR BROKEN CODE.

THAT IS THE ONLY MECHANISM THAT EXISTS TO ACHIEVE THE MAXIMUM HEIGHT WITHOUT LIGHT IN THE WATERFRONT OVERLAY.

NEXT SLIDE PLEASE.

YOU MAY HEAR FROM SOME THAT THIS PROJECT IS NOT CONSISTENT WITH THE VISION OF THE , THAT THAT'S JUST WRONG.

THE PROJECT IS CONSISTENT WITH THOSE PAST CURRENT AND FUTURE PLANNING FOR THIS CORRIDOR.

THE IMAGINE AUSTIN FIRST CONCEPT MAP, SO SOUTH LAMAR IS A QUOTE UNQUOTE CORRIDOR.

THERE ARE SOME PEOPLE THAT HAVE ASKED WHY NOT PUT RESIDENTIAL HERE.

THE REALITY IS IS THAT THERE IS RESIDENTIAL IN THIS PART OF THE SOPHOMORE CORRIDOR.

THERE ARE NOT OFFICES.

THIS IS AN AREA THAT IS JUST SOUTH OF THE RIVER.

IT HAS MANY RETAIL AND RESTAURANT USES THAT CONTINUE TO STRUGGLE UNLESS THEY HAVE A DIRECTORY COMPONENT TO CAUSE.

THERE'S NOT A DAYTIME ACTIVITY IN THIS PORTION OF SOUTH LAMAR TO CREATE A VIBRANT CORRIDOR.

WE NEED DAYTIME PATRONS BUT AN OFFICE USEFUL PROVIDE.

NEXT SLIDE PLEASE.

THE FAR AND HEIGHT THE STAFF MENTIONED THAT ARE PROPOSED AND THIS SIDE ARE CONSISTENT WITH THE VISION OF THE DRAFTING AND DEVELOPMENT CODE.

THAT IS JUST ONE VOTE AWAY FROM ADOPTION.

THIS SITE WAS NOT TO ALLOW UP TO 90 FEET IN HEIGHT AND LIMITED FAR WITH ANY YOUTH AS LONG AS IT PARTICIPATED IN THE AFFORDABLE HOUSING BONUS PROGRAM.

NEXT SLIDE PLEASE.

NOT ONLY DO OUR CURRENT AND FUTURE PLANNING DOCUMENT ENVISIONED DENSITY AND HEIGHT IN THIS AREA, BUT OUR HISTORIC PLANNING DOCUMENTS KNOCKS THAT VISION.

THERE'S ONE THING I WANT TO MAKE CLEAR.

THIS PROJECT IS CONSISTENT WITH THE WATERFRONT OVERLAY AND ABSOLUTELY NO VARIANCES TO THE WATERFRONT.

OVERLAY OUR PROPOSED WITH THIS HUD.

NEXT SLIDE PLEASE.

IN ADDITION, THE WATERFRONT OVERLAID GOALS AND POLICIES CALL FOR A MIX OF USES ALONG THIS WATERFRONT CONNECTS LICENSE.

THE BUTLER SHORTS UP DISTRICT PRESCRIBES A MAXIMUM HEIGHT OF 96 FEET.

IT'S OUTLINED IN THE CURRENT CODE.

LIKE I SAID, UNFORTUNATELY WE JUST DON'T HAVE A MECHANISM OTHER THAN THE POD TO ACHIEVE THIS HEIGHT.

NEXT SPICY.

THE 90 96 FEET IN HEIGHT IS NOT A NEW CONCEPT IF SOME MIGHT HAVE YOU BELIEVE FROM THE ORIGINAL WATERFRONT OVERLAY ORDINANCE WAS ADOPTED IN THE 1980S THIS AREA OF THE BUTLER SOURCE OF THIS HAD A MAXIMUM HEIGHT OF 96 FEET IN THE 1980S AS YOU CAN SEE FROM THE SMITH.

NEXT SLIDE.

SPLICING WHAT EXISTED IN THE EIGHTIES THAT DOESN'T EXIST TODAY WAS AN ADMINISTRATIVE WAY TO ACHIEVE THAT HEIGHT AND AGAIN THAT'S THE NEED FOR THE POD TO ACHIEVE THIS HEIGHT THAT'S BEEN ENVISIONED FOR DECADES.

NEXT TIME STAFF MENTIONED THERE ARE NO ENVIRONMENTAL VARIANCES REQUESTED NOR ARE THERE ANY WATERFRONT OVERLAY DURING THE DAYS.

IN FACT, WE HAVE REMOVED ALL THE CODE MODIFICATION REQUEST WITH THIS PUTT.

I KNOW I'M QUICK ON TIME SO I'M GOING TO HIT THE ONE THAT DEALS WITH THE ELEVATOR OVERLAY.

UM, SO NEXT SLIDE FOR YOU.

THERE'S BEEN SOME MISCONCEPTION ON WHERE THE ELEVATOR OVERRUN WILL BE.

THIS IS A PLAN SHOWING THE HABITABLE ROOF SPACES ANTICIPATED IN THE POD.

THE PINK SQUARE SITUATED NEAR THE BOTTOM RIGHT IS THE ELEVATOR OVERRUN AREA.

IT IS NECESSARY TO PROVIDE ADA ACCESS TO BE HABITABLE ROOFTOP AREAS.

.

NEXT SLIDE PLEASE.

THE CHRONIC TEAM HAS WORKED WITH MULTIPLE DISCIPLINES OF THE CITY STAFF AND RECEIVED THE CONFIRMATION OF THE PROPOSED SUPERIORITY AND HIS STAFF MENTIONED THE PET HAS RECEIVED STAFF RECOMMENDATION SUPPORT FROM THE SMALL AREA PLANNING JOINT COMMITTEE AND SUPPORT FROM THE ENVIRONMENTAL COMMISSION WITH THE PROPOSED SUPERIORITY PACKAGE.

NEXT STEPS.

NEXT SLIDE PLEASE.

BUT ONLY SIX MINUTES.

I DON'T HAVE TIME TO GO INTO ALL THE DETAILS ON SUPERIORITY STAFF IT, MOST OF THEM.

THERE ARE THREE THAT I WANT TO MAKE SURE THAT I OUTLINED.

THE DESIGN TEAM WORKED VERY HARD TO SAY TO BUILD A BEING THAT IS INVITING FROM ALL SIDES BY CREATING SUPPLEMENTAL ZONES AND OPEN SPACE ALONG THOSE SENIOR ROAD IN BARTON SPRINGS ROAD WHICH CREATES A VIBRANT WALKABLE AREA AS WELL AS CREATING THE PUBLIC POSITIVE ON THE NORTHWEST SIDE OF THE SITE WHICH WILL CONNECT TO THE .

THE INCLUSION OF THESE AREAS RESULTS IN A MINIMUM OF 40% OPEN SPACE ON THE GROUND FLOOR OF A POD OF AN OFFICE BUILDING, NOT A RESIDENTIAL PROJECT.

THE PROJECT TEAM WORK EXTENSIVELY WITH AUSTIN TRANSPORTATION DEPARTMENT TO ELIMINATE A CURB CUT ALONG SOUTH TOMORROW.

IT WOULD HAVE ACCESS TO BELOW GRADE PARKING.

OKAY.

IN ADDITION, WE HAVE HEARD THE COMMUNITY OUTSIDE, SO THE CLOSING OF LOCAL ARTISTS AND HAS BEEN ABLE TO INCORPORATE A 1000 SQUARE FOOT ARTISTS GALLERY THAT SHOWN IN YELLOW THAT CONNECTS TO THE FOGHAT AREA AND WILL BE OFFERED RENT FREE TO A LOCAL NON PROFIT FOR THE COMPANY, THE PARTIES, MANY ADDITIONAL TRANSPORTATION, ENVIRONMENTAL

[02:15:01]

AND OVERALL COMMUNITY MATERIAL SECURITY.

YEP.

I SEE.

WHEN YOU REACHED OUT AND WORKED WITH MANY INTERESTED PARTIES THROUGHOUT THE PUD PROCESS.

I AM VERY PLEASED TO LET THE COMMISSION KNOW THAT WE READ THESE AS HUMANA.

SO THE SUPPORT FROM THE SPINS OF ZILKER NEIGHBORHOOD ASSOCIATION.

NEXT STEP.

NEXT POINT PLEASE.

YEAH, AS WELL AS A LETTER OF SUPPORT FROM THE BRIDGES ON THE PARK CONDOMINIUM ASSOCIATION, WHICH ARE THE CLOSEST NEIGHBORS THAT BASED DISCUSSIONS AND ARE LOCATED WITHIN 200 FEET AT THE PROJECT.

THE BRIDGES ON THE PARK IS THE GROUP THAT STAFF MENTIONED THAT ORIGINALLY FILED A VALID PETITION.

SO I WAS VERY PLEASED THAT WE WERE ABLE TO WORK THROUGH AND RECEIVE THIS SUPPORT ON THE PROPOSED PROJECT.

AND WITH THAT AND HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU MS SWIRL.

I'D ENCOURAGE THE COMMISSIONERS TO ANSWER, UH, TO ASK QUESTIONS LATER ON WHEN, WHEN THE PUBLIC HEARING IS CLOSED.

I KNOW THIS IS A KIND OF INVOLVED REZONING A CASE.

OKAY.

UH, LET ME LOOK AT MY, UH, SPEAKER LIST.

I'VE GOT, UM, I'VE GOT A, UM, UH, FOR SARAH VENDOR BEAK.

YEAH.

IS HELLO? GO AHEAD MA'AM.

INTRODUCE YOURSELF AND YOU'LL HAVE FIVE MINUTES.

YEAH.

HI, MY NAME IS SARAH VANDERBEEK.

I'M THE EXECUTIVE OF DOR, A LOCAL NONPROFIT ART ORGANIZATION THAT IS SLATED TO BE THE RECIPIENT OF A 1000 SQUARE FOOT GALLERY DONATED BY THE PROPERTY DEVELOPERS AT TWO 18 SOUTH LAMAR IN PARTNERSHIP WITH THE CITY OF AUSTIN.

AUSTIN IS ONE OF AMERICAN'S GO TO DESTINATIONS FOR ARTISTS AND ART LOVERS, BUT OUR LOCAL ART COMMUNITIES ARE GOING THROUGH AN UNPRECEDENTED CRISIS NOW COMPOUNDED EXPONENTIALLY BY CODE 19 HUNDREDS OF ARTISTS AND ART SPACES HAVE BEEN DISPLACED SINCE THE EARLY TWO THOUSANDS ATTRIBUTED TO ECONOMIC SHIFT.

WHEN COUNCIL MEMBER AND PITCHING APPROACH THE DEVELOPERS AND ASK THEM TO PROVIDE A FREE SPACE FOR THE ARTS.

MY PARTNER AND I HAD BEEN OPERATING DOORS AND EXPERIMENTAL IN HOME GALLERY IN DISTRICT FIVE OKAY.

THE RESPONSE TO OUR FIRST YEAR OF PROGRAMMING WAS HUGE AND WE REALIZED THAT DORK WAS GROWING TOO LARGE FOR OUR HOMES.

YEAH.

WE'RE EXCITED TO ANNOUNCE THAT AT TWO 18 SOUTH LAMAR DOOR, WE'LL PARTNER WITH THE DEVELOPERS AND THE CITY OF AUSTIN TO FORM A FREE GALLERY SPACE OFFERING EXPOSURE FOR LOCAL ARTISTS IN A PROMINENT LOCATION.

I STRONGLY HOPE THAT THIS TYPE OF RADICAL PHILANTHROPY WILL SERVE AS A MODEL FOR FUTURE DEVELOPMENT AS A WAY TO GIVE BACK TO OUR LOCAL CURRENTLY BEING HIT SO HARD BY OUR CITY'S RAPID GROWTH.

THIS PARTNERSHIP DIRECTLY ADDRESSES THE FACE CRISIS, PROVIDES OPPORTUNITIES FOR THE UNDERSERVED AND FOSTERS OUR DIVERSE ARTISTS COMMUNITY.

YEAH, THE LOCATION, WALKABLE PROXIMITY TO NEIGHBORING ART INSTITUTIONS LIKE THAT THEATER, THE CONTEMPORARY AND THE NEW DOUGHERTY ARTS CENTER GIVES US MANY FUTURE PARTNERSHIP OPPORTUNITIES.

ALL OF THIS WILL BUILD COMMUNITY GOODWILL, GENERATE PRESS INTEREST AND BE A SIGNIFICANT PLATFORM FOR PROMOTING AUSTIN ARTISTS AND CULTURE TO LOCALS AND TOURISTS.

SO A LITTLE MORE INFORMATION ABOUT DOORS IN CASE YOU HAVEN'T HEARD OF US.

YEAH.

WE ARE AN ESTABLISHED ART ORGANIZATION THAT PROVIDES FOR AND CARES ABOUT ARTISTS AND THEIR LIVELIHOODS.

DURING OUR FIRST YEAR WE PRODUCED EIGHT SHOWS AND EVENTS AND ATTRACTED THOUSANDS OF VISITORS.

YEAH.

WE SERVED AS A DEPENDABLE RESOURCE FOR UNDERSERVED LOCAL ARTISTS AND PARTNERED WITH NONPROFIT ORGANIZATIONS AND COMMUNITY LEADERS TO AMPLIFY THEIR VOICES.

IN ADDITION, WE HAVE BEEN SUPPORTED IN PART BY THE CULTURAL ARTS DIVISION AND THE CITY OF AUSTIN ECONOMIC DEVELOPMENT DEPARTMENT.

IT'S OUR INCEPTION AND ARE ENTERING OUR THIRD YEAR AS CULTURAL CONTRACTORS.

WHEN WE FIRST OPENED OUR DOORS, WE THOUGHT WE'D HAVE A LOT OF OUR FRIENDS AND FAMILY MEMBERS SHOW UP.

WE NEVER EXPECTED HUNDREDS OF PEOPLE IN OUR GALLERY AND BACKYARD DURING EVERY SHOW.

FIRST YEAR ENDED BY RECEIVING THE BEST NEW EXPERIMENTAL ART SPACE BY THE AUSTIN CHRONICLE.

THE PUBLIC'S RESPONSE IN SUPPORTIVE DOORS IS A CLEAR INDICATION OF THE URGENT NEED TO PROVIDE SOUTH AUSTIN WITH MORE SPACES TO EXHIBIT R AND BUILD COMMUNITY.

OKAY.

I FULLY SUPPORT THE REDEVELOPMENT OF TWO 18 SOUTH WALMART.

THANK YOU FOR YOUR TIME.

YES, THANK YOU.

I ALSO HAVE TO SPEAK THREE SPEAKERS SIGNED UP AGAINST UM, HER PALMER, DAVID PIPER AND NINA ROWAN.

ROWAN IS MR. PALMER ON THE LINE YES, I'M HERE.

GO AHEAD, SIR.

INTRODUCE YOURSELF THAT YOU'LL HAVE FIVE MINUTES.

I'M SORRY, THREE MINUTES.

GOOD EVENING, COMMISSIONERS.

MY NAME IS KURT PALMER.

I AM A RESIDENT IN THE COMMUNITY WHERE THE PUTT IS REQUESTED.

I'M SPEAKING IN OPPOSITION TO THE REASONING FOR THE CREATION OF THIS PRODUCT.

AT TWO 18 SOUTH LAMAR BOULEVARD DEVELOPMENT HAD PRIME REAL ESTATE SITES HAVE BEEN ECONOMICALLY AND ENVIRONMENTALLY IN

[02:20:01]

A ATTRACTIVE CITIES SUCH AS BOSTON IS WELCOMED, BUT IT MUST BE THOUGHTFULLY APPROVED.

THOUGHT THE WORK WAS DONE A NUMBER OF YEARS AGO WITH THE WATERFRONT OVERLAY ORDINANCE WHICH WAS ESTABLISHED TO PROTECT AND ENHANCE THE WATERFRONT WHILE PROVIDING A FRAMEWORK FOR FUTURE DEVELOPMENT.

EMBEDDED IN THE CREATION OF THE ORDINANCE IS A COVENANT BETWEEN THE PUBLIC AND PUBLIC OFFICIALS.

THE PUBLIC CAN, THE PUBLIC OFFICIALS THE AUTHORITY TO ENFORCE OUR LAWS ON OUR BEHALF.

THE PROPOSED PUD, WHICH WOULD BE THE CONSTRUCTION OF A LARGE OFFICE BUILDING AND ITS PROPOSED DESIGN, DOES NOT CONFORM TO THE WATERFRONT OR RELATE COORDINATES ON BEHALF OF THE CITIZENS OF THIS CITY AND TRUSTED TO YOU.

THE ENFORCEMENT OF THIS ORDINANCE.

I WANT YOU TO OPPOSE THE PUD.

IN ADDITION IS THE ISSUE OF THE QUALITY OF LIFE FOR THIS PART OF THE CITY WHERE THE REZONING IS BEING CONSIDERED IN A VERY SMALL GEOGRAPHICAL AREA.

THE CITY HAS ACCRUED THE CONSTRUCTION OF THE GIARDIA ARTS CENTER LESS THAN A BLOCK WEST OF TWO 18 SOUTH TOMORROW AND A HOTEL AT THE CORNER OF SOUTH LAMAR AND RIVERSIDE ALMOST ACROSS THE STREET FROM TWO 18 SOUTH LAMAR.

NOW UNDER CONSIDERATION IS A LARGE OFFICE BUILDING.

I REFER YOU TO THE TRANSPORTATION IMPACT STUDY FOR TWO 18 SOUTH LAMAR DEVELOPMENT IN AUSTIN, WHICH WAS SUBMITTED TO THE CITY OF AUSTIN IN JANUARY, 2019 THE STUDY, SO SEVERE TRAFFIC CONGESTION VERY ALONG SOUTH LAMAR FROM RIVERSIDE TO BARTON SPRINGS ROAD ALREADY ALREADY OPERATES AT AN UNACCEPTABLE LEVEL DURING CERTAIN PERIODS OF THE DAY.

THE STUDY FURTHER SHOWS THAT EVEN WITH THE CITY'S PLAN MODIFICATIONS TO STOP LAMAR, THE TRAFFIC SITUATION WILL DETERIORATE AS A RESULT OF THIS NEW CONSTRUCTION.

DID THIS PROPOSE PUTT IS APPROVED? IT WILL BE A DECISION TO MAKE SOMETHING BAD.

EVEN WORSE.

THIS LAMAR COMMUNITY IS A PLACE FOR THE PEOPLE AUSTIN TO RELAX, ENJOY CELEBRATIONS, AND WELCOME PEOPLE FROM AROUND THE WORLD TO ADVANCE.

UNIQUE TO AUSTIN.

THE PROPOSED BUILDINGS IN THIS AREA OF THE PARKS.

IS IT FOR THE DEVELOPERS, BUT MAKING THE TRAFFIC SITUATION WORK WORSE? WELL NOT BE GOOD FOR THE PEOPLE BECAUSE THE CITY WHO LIVE HERE AND GATHER HERE, I'M ASKING YOU TO ASK THE HARD QUESTIONS ABOUT THE IMPACT OF THIS REZONING REQUEST.

QUALITY OF LIFE OF THE COMMUNITY.

HONOR THE CROSS OF THE PEOPLE HAVE PUT IN, YOU HAVE PUBLIC OFFICIALS.

I WANT YOU TO OPPOSE REZONING THE PROPOSED FOR TWO 18 SOUTH LAMAR.

THANK YOU.

THANK YOU.

MR. PALMER.

IS DAVID PIPER ON THE LINE? YES, BUT INTRODUCE HERSELF, SIR, YOU'LL HAVE THREE MINUTES.

I'M DAVE PIPER, PRESIDENT OF THE ZILKER NEIGHBORHOOD ASSOCIATION.

Y'ALL HAVE SOME BACKUP FROM WEILAND AND ATHERTON THAT PROVIDES DETAILS TO MY STATEMENT HERE.

THIS PROJECT EXCEEDS ALLOWABLE FLOOR AREA LAND DEVELOPMENT CODE 25 TO SEVEN 14 LIMITS FAR TO 60% OF THE BASE DISTRICT MAXIMUM, WHICH IS CS ON 1.26 ACRES.

THIS PROJECT WORKS OUT TO BE OVER THE LIMIT BY 19,231 SQUARE FEET.

OKAY.

IF ALL THE FOUR ADDITIONAL FAR WERE ALLOWED, THE PROPOSED CONTRIBUTION FOR THAT ADDITIONAL FAR REPORT WHO THEY IS, IT'S GOING TO BE 350 K BUT UH, THAT CONTRIBUTION SHOULD BE OVER 510 K.

THAT'S MUCH SMALLER THAN WHAT WE'D GET OUT OF THE VMU PROJECT AND PALTRY COMPARED TO THE TACO PUDS 2.5 MILLION FOR AFFORDABLE HOUSING.

THERE ARE ALSO NUMEROUS LARGE OFFICE BUILDINGS ON SOUTH LAMAR AND BARTON SPRINGS ROAD AND ALSO ACROSS THE NEARBY PEDESTRIAN BRIDGE.

THIS POD IS 87% UNDER THE MINIMUM SIZE OF 10 ACRES DECLINED THE WATERFRONT OVERLAY AS A SPECIAL CIRCUMSTANCE TO THE PUTT ORDINANCE EVADES THE VERY PROTECTIONS INTENDED BY THE WATERFRONT OVERLAY.

UH, WE SHOULD REJECT THE CLAIM THAT THIS SIDE IS CHARACTERIZED BY SPECIAL CIRCUMSTANCES.

THE MOST RECENT TRAFFIC IMPACT ANALYSIS FAILED TO INCLUDE THE TACO PUTT HOTEL AND THE CARPENTER HOTEL RESTAURANT.

THE JANUARY 24TH TAI UPDATE LETTER FAILED.

PROVIDE TABLES SHOWING WHAT THE DELAYS WOULD BE FOR THE MITIGATION SCENARIO OF ELIMINATING ACCESS EGRESS ON SOUTH LAMAR.

THE 2000 OR SO RESIDENCY USE TO ME ROAD TO GET TO AND FROM HOME WILL BE MOST EFFECTED BY THE TRAFFIC FROM THIS PROJECT.

ALSO, DRIVERS WON'T TAKE THE PROJECTED

[02:25:01]

ROUTE TWO FROM BARTON SPRINGS ROAD.

INSTEAD THEY'LL TURN RIGHT ON TO ME AND AVOID TWO SIGNALS TO GET OUT ON BARTON SPRINGS ROAD.

69% OF THE TRAFFIC TO AND FROM THE SITE WILL COME FROM NORTH OF THE RIVER POURING INTO THE TIA.

IT MAKES LOWS TO APPROVE CONSTRUCTION OF AN OFFICE BUILDING SOUTH OF THE RIVER WHEN IT'S SERVING A AND CLIENTELE WHO COME OVER AN ALREADY CONGESTED LAMAR BRIDGE.

IT'S ILLOGICAL TO SUPPORT ELIMINATION OF RESIDENTIAL PARKING REQUIREMENTS.

TELL US WHERE AND THE REDUCTION OF COMMERCIAL PARKING MINIMUMS ELSEWHERE.

TO ACHIEVE A MODAL SHIFT TO PUBLIC TRANSIT AND THEN SUPPORT AN OFFICE BUILDING HAS MORE PARKING THAN IS REQUIRED.

IT'S CONTRARY TO THE LOGIC OF PROJECT CONNECT TWO BLOCKS AWAY.

TRANSITION ZONE IS PROPOSED IN OUR NEIGHBORHOOD WHILE AT THE SAME TIME WE WERE CONTEMPLATING AN OFFICE BUILDING IN AN AREA THAT'S RIPE FOR RESIDENTIAL DENSITY.

THIS MAKES NO SENSE.

I ASKED YOU TO PLEASE REJECT THIS PUN.

THANK YOU.

THANK YOU, MR PIPER.

GOOD TIMING BY THE WAY, IS NOT NINA ROWAN ON THE LINE.

YES, YES I AM.

GO AHEAD AND YOU'LL HAVE THREE MINUTES, MAN.

THANK YOU.

UM, GOOD EVENING CHAIR AND COMMISSIONERS.

THANK YOU FOR YOUR PATIENCE IN THIS PROCESS.

MY NAME IS MINA ROWAN HELLER AND I'M SPEAKING AGAINST THE REZONING OF THE SCHLOTZSKY'S DEVELOPMENT.

I'VE BEEN A RESIDENT OF AUSTIN FOR 33 YEARS.

I CURRENTLY LIVE ON TOOMEY ROAD AND THE PRESIDENT OF THE BARTON PLACE CONDOMINIUM HOMEOWNER'S ASSOCIATION.

MY REQUEST THIS EVENING IS THAT AS DECISION MAKERS IN THIS PROCESS, CAN YOU PLEASE BE OPEN TO HEARING AND CONSIDERING WHAT THE RESIDENTS IN THIS AREA HAVE TO SAY? THE OTHER TWO SPEAKERS HAVE REALLY ADDRESSED A LOT OF THE POINTS.

ONE OF THE THINGS THAT I WOULD LIKE TO ADDRESS IS THAT WE LIVE HERE.

WE ARE HERE 24 HOURS A DAY, SEVEN DAYS A WEEK, AND THE TRAFFIC IS ALREADY A PROBLEM.

A 10 STORY PUD ADDING 600 PARKING SPACES PLUS THE 200 THAT THE DECK IS PROPOSING TO PUT ON TO ME, ROADS WILL ADD 800 NEW CARS THERE.

I DO NOT UNDERSTAND HOW THAT IS GOING TO DECREASE OUR PART OR TRAFFIC IN THAT AREA.

THAT DOESN'T MAKE ANY SENSE.

ZILKER NEIGHBORHOOD ASSOCIATION IS A LARGE ASSOCIATION OF RESIDENTS AND THEY HAVE CONTINUALLY PROVIDED INFORMATION THAT PROPOSES ALL THE REASONS WHY THIS SHOULD NOT BE CONSIDERED.

THERE'S NO REASON TO GO ABOVE THE SIX STORIES OF ANY BUILDING IN ORDER TO ACCOMPLISH THE THINGS THAT THIS PUD SUPPOSEDLY IS GOING TO ACCOMPLISH.

AND THEN IN THE MOST RECENT ISSUES WITH COVERT BUILDING A PROPERTY WITH OFFICE SPACE MAKES ABSOLUTELY NO SENSE AT THIS TIME.

IF ANYBODY ON THE COMMISSION IS REMEMBERING THE EIGHTIES OF EMPTY OFFICE BUILDINGS DOWNTOWN, THIS IS NOTHING THAT WE WANT TO ADD TO RIGHT NOW WHEN PEOPLE ARE CONSIDERING THAT THEY'RE NOT GOING TO GO BACK TO OFFICE SPACES AND THAT WE ARE GOING TO TOTALLY CHANGE THE WAY THAT WE WORK.

SO AS, AS WE WERE LOOKING AT THIS, THE RATIONALE FOR USING THIS AS A PUD, OKAY, WE WOULD LOVE TO HAVE AN ART SPACE AND I THINK THAT COULD ALL BE ACCOMPLISHED IN A SIX STORY BUILDING.

THERE'S NO REASON TO HAVE A 10 STORY BUILDING IN ORDER TO ACCOMPLISH THOSE THINGS.

AND I JUST WOULD LIKE TO MAKE SURE AND UNDERSTAND THAT THAT ISN'T ADDRESSING OUR HOUSING ISSUES BY PAYING A FEE.

THANK YOU VERY MUCH FOR YOUR CONSIDERATION.

AND AGAIN, I REALLY WANT YOU TO THINK THE RESIDENTS THAT LIVE HERE ON A DAILY BASIS HAVE WAY MORE ACCURATE INFORMATION THAN ANYTHING THAT COULD BE PRESENTED IN A REZONING REPORT REVIEW THAT HAS A PERCEPTION THAT THEY WANT THIS TO PASS.

THANK YOU FOR YOUR TIME.

OKAY, THANK YOU.

GOOD TIME.

WELL, UM, A COMMISSIONER, THOSE ARE ALL THE SPEAKERS.

MISS SWORE.

DID YOU WANT TO A THREE MINUTE REBUTTAL? UH, YES SIR.

I'LL BE BRIEF.

I WOULD JUST WANT TO MAKE SURE TO SET THE RECORD THAT THIS IS A SEVEN STORY BUILDING AND NOT A 10 STORY BUILDING.

AND I WOULD POINT OUT THAT EVEN WITHOUT THIS, BUT A PROJECT OF SIMILAR SIZE COULD BE BUILT ON THIS PROPERTY AND IT WOULD PROVIDE THE RO COMMUNITY BENEFITS AND HAVE NO REQUIREMENT TO DO SO THAT THIS PROJECT HAS GONE ABOVE AND BEYOND TO SATISFY MANY OF THE NEEDS IN THE AREA.

IT'S IN A PLACE THAT ALLOWS FOR MULTIMODAL COMMUTING OPTIONS.

IT SOLVES, LIKE I SAID, SOME OF THE MUCH NEEDED PROBLEMS AND IT IS IN FACT REPORTED BY MANY OF THE PEOPLE THAT ALSO LIVE IN THIS AREA, WHICH WAS EVIDENCED BY THE LETTERS OF SUPPORT.

SO WITH THAT I, UM, AGAIN, I'M HAPPY TO ANSWER ANY QUESTIONS AND APPRECIATE YOUR TIME.

THANK YOU.

THOSE ARE ALL

[02:30:01]

OF THE SPEAKERS.

IS THERE A MOTION TO CLOSE PUBLIC HEARING? YEAH, WELL SHOULDN'T BY KENNY.

SECOND BY COMMISSIONER HEMPEL.

ALL THOSE IN FAVOR RAISE YOUR GREEN ITEM.

YOU CAN POST AND THAT MOTION CARRIES UNANIMOUSLY.

YEAH.

COMMISSIONER'S QUESTIONS FOR THE APPLICANT OR SPEAKERS OR STAFF MR. ANDERSON AND SHAW.

QUICK QUESTION FOR THE APPLICANT.

UM, SO I THINK THE LAST THING WE WOULD WANT TO DO MAYBE, MAYBE JUST ME, UM, BUT IS TO ALLOW FOR MORE HEIGHT JUST TO ALLOW THE PARKING TO BE ABOVE GROUND.

UM, READING THROUGH THE PUD AND I'D LIKE FOR STAFF TO CONFIRM THIS, BUT READING THROUGH WHAT THE PLAN LOOKS AS THOUGH YOU GUYS ARE NOT ALLOWED TO PUT ABOVE GROUND PARKING.

CAN YOU CONFIRM THAT FOR ME WITH THE APPLICANT'S STAFF? YES SIR.

THIS IS AMANDA SWORE WITH RENDER.

GOOD.

THAT'S ACCURATE.

THE, THERE'S A PAD NOTE THAT REQUIRES ALL PARKING TO BE BELOW GRADE AND THAT WILL BE FOUR STORIES OF, OF BELOW GRADE PARKING.

AND WE HAVE DONE THE PREEMPTIVE STUDIES.

YOU SOMETIMES SEE PROJECTS AND PUBS THAT COME IN AND SAY THAT THEY CAN DO BELOW GRADE AND COME BACK AND ASK FOR IT LATER.

AND WE HAVE DONE THE STUDIES THAT SHOW THAT THE PARKING THAT'S PROPOSED IS BUILDABLE ON THAT SITE.

GREAT.

AND I BELIEVE THE LAST SPEAKER THERE IN OPPOSITION SAID THAT, UM, A SIX STORY BUILDING HERE IS MUCH BETTER THAN A 10 STORY.

AND I BELIEVE YOU SAID THIS IS ONLY A SEVEN STORY BUILDING, RIGHT? THAT'S ACCURATE.

IT'S A, IT'S A SEVEN STORY BUILDING THAT KEEPS 40% OF THE GROUND FLOORS OPEN VERSUS SIX STORY BUILDING THAT TAKES 100% OF THE GROUND FLOOR AREA.

AND HOW, HOW, HOW HAVE YOU BALD BEEN WORKING THE COST OF TRANSPORTATION AS FAR AS YOU KNOW, TRYING TO GET FOLKS TO USE THE MODE SHIFT AND USE THE EIGHT TO THREE? THAT'S A GREAT QUESTION.

SO WE WORKED, WE'VE WORKED QUITE A BIT WITH THE TRANSPORTATION DEPARTMENT AND WE'RE IN A POSITION WHERE EVERYONE WAS ON BOARD AND YOU'LL NOTICE THAT THIS STOPS A LITTLE BIT IN THE REVIEW PROCESS AND EVERYONE'S BEEN REALLY FOCUSED ON HOW PROJECT CONNECTS IN THE CORRIDOR IMPLEMENTATION TEAM WILL INTERACT WITH THIS PROJECT.

SO WE'VE SPENT COUNTLESS HOURS COORDINATING WITH THEM TO ENSURE THAT THE APPLICABLE RIGHT AWAY IS AVAILABLE TO ENSURE THAT THE CYCLE TRACKS THAT ARE ENVISIONED CAN COME INTO THIS AREA TO REALLY ENCOURAGE IN A SPOT IN THE CITY THAT HAS THE TRUE POTENTIAL TO HAVE MULTIMODAL TRANSPORTATION OPTIONS.

BUT THOSE EXIST HERE.

AND IT'S PART OF THAT IS BETH MENTIONED AND I MENTIONED BRIEFLY, WE DID MAKE THE COMMITMENT TO CLOSE THE DRIVEWAY THAT WAS ENVISIONED INITIALLY TO PROVIDE ACCESS TO THE UNDERGROUND UNDERGROUND GARAGE ON SOUTH LAMAR AND THAT ACCESS WILL COME ON TO MAIN STREET.

THAT WAS A GOOD CHANGE.

OKAY, THANK YOU.

UM, HELLO.

SO I HAVE SOME TRAFFIC RELATED QUESTIONS AS WELL.

SO, UM, OKAY.

I DON'T KNOW IF IT'S GOING TO BE STAFF OR THE APPLICANT, BUT NUMBER ONE, THE PARKING PROVIDED, IS IT GOING TO BE UM, TAKING ADVANTAGE OF THE REDUCTIONS THAT ARE ALLOWED FOR BEING ON A CORRIDOR OR YOU'RE GOING ABOVE THE MINIMUM REQUIRED BY CODE? UH, OBVIOUSLY WITH, WE'D LIKE TO SEE LESS PARKING HERE, BUT UH, WE'D LIKE TO KNOW WHAT THE PARKING LEVELS ARE GOING TO BE.

THIS IS AMANDA SWORE.

I'LL TAKE THE FIRST STAB AT THAT AND ANYONE CAN JUMP IN THAT NEEDS TO, SO THIS IS PARKSVILLE THOUGH.

APPENDIX A AND THERE'S ACTUALLY AN ITEM IN CODE THAT PROHIBITS US FROM EXCEEDING ANY PARKING MAXIMUMS IN CODE.

SO WE ARE UNDER THE APPENDIX AMS LOANS.

OKAY.

SO YOU'RE PROVIDING THE MAX ALLOWED.

YOU'RE NOT TAKING ADVANTAGE OF ANY REDUCTIONS FOR ME IN A CORRIDOR, WE ARE TAKING INTO ACCOUNT SOME REDUCTIONS.

SO A MAXIMUM, IF WE MAX OUT ON CODE, I BELIEVE IT'S 675 SPACES PLUS OR MINUS.

AND WE'RE PROPOSING 635 SPACES, WHICH IS WHERE THAT, WHERE THE PARKING NUMBERS LAND WITH THE FOUR LEVELS OF UNDERGROUND.

AND THAT IS REALLY MAKE SURE THAT THERE IS PARKING FOR THIS PROJECT, BUT THEN THERE'S ALSO PARKING WHAT'S AVAILABLE FOR THE COMMUNITY.

SO AS STAFF MENTIONED, THIS AS A GARAGE THAT WILL BE PAID BUT OPEN.

SO NIGHTS, WEEKENDS WHEN THERE'S LARGE EVENTS AND THERE'S FESTIVALS AT THE PARK, THIS WILL BE A GARAGE THAT'S OPEN TO HELP ADDRESS THE DEMANDS OF THIS THERE.

ALRIGHT, I GOT A QUESTION FOR STAFF, UH, TRANSPORTATION STAFF IF THEY'RE AVAILABLE.

SO, UM, IS IT TRUE THAT THE TRAFFIC IMPACT ANALYSIS DID NOT INCLUDE THE, UH, JACE, UH, THE, UH, TACO CUT ACROSS THE CROSS? LAMAR? I ACTUALLY,

[02:35:01]

THIS IS AMBER MITCHELL WITH AUSTIN TRANSPORTATION DEPARTMENT.

DON'T SEE THAT IT WAS INCLUDED IN THE BACKGROUND.

UM, BUT WE DID INCLUDE A GENERAL ANNUAL GROWTH RATE, WHICH FOR THE AREA THAT TYPICALLY DEPRESSED REGIONAL GROWTH ADEQUATELY.

YEAH.

OKAY.

AND, OR I'M LIMITED ON TIME HERE.

JUST REAL QUICK, DOES THE TRANSPORTATION DEPARTMENT KNOW HOW THIS MIGHT AFFECT THE DOHERTY ART CENTER? WE SPENT A LOT OF TIME TALKING ABOUT CIRCULATION ROUTES AND HOW THEY WOULD HAVE DROP-OFFS.

DOES ANYBODY, HAS ANYBODY COMPARED THEIR PLANS TO THIS PROJECT TO MAKE SURE WE'RE NOT IMPACTING THAT? UM, THAT WHAT WE APPROVED PREVIOUSLY? I WOULDN'T SAY THAT THEY WERE MITCHELL WITH ATD.

AGAIN, IT WOULDN'T SAY THAT WE'VE LOOKED SPECIFICALLY AT THE DOOR, THE ART CIRCULATION PLAN.

I WOULD SAY THAT, UH, THE SPACES HAVE DIFFERENT PEAK HOUR TIMES.

SO I WOULD NOT PERSONALLY ANTICIPATE THERE BEING A CIRCULATION CONFLICT.

OKAY.

UM, AND I GUESS THE ONLY OTHER THING IS, UH, SOMEBODY FROM, UH, THE HOUSING.

I'D JUST LIKE TO KNOW HOW THE, UM, AFFORDABLE HOUSING HERE COMPARES WITH TACO PUG.

IF WE HAVE ANYBODY TO SPEAK.

HOW THESE TWO, UH, COMPARED EACH OTHER, THESE TWO PODS.

THIS IS HEATHER CHAPMAN.

I DON'T HAVE ANYBODY HERE FROM CD, BUT I KNOW THAT WHAT WE HAVE REQUIRED IS WHAT YOU'RE ALLOWED TO ACQUIRE BY CODE.

OKAY.

ALRIGHT.

THANK YOU MR. SHAW.

SO, UM, ADVENTURE THERE QUITE A BIT, UM, IN THAT AREA.

BUT UM, AND ONE OF THE MAIN THINGS IN THAT AREA IS THAT, IS IS TO KEEPING IT, YOU KNOW, YOU'RE TALKING ABOUT THE PUB, UH, PEDESTRIAN EXPERIENCE.

AND, UM, CAN YOU EXPLAIN, CAUSE YOU MENTIONED LIKE IF YOU DIDN'T GET THIS SOME, I MEAN SOMEBODY ELSE CAN DEVELOP JUST A, A BUILDING THERE.

CAN YOU TALK ABOUT THE PUBLIC SPACES THAT ARE THERE, THE PUBLIC EXPERIENCE.

CAUSE I THINK THAT'S, THAT'S REALLY CRITICAL FOR THAT AREA SINCE CONNECTED TO THE PARK, HAVE THE OPEN SPACE AT ZACK THEATER.

AND THEN I NOTICED ON THE PLAN ON THIS, UM, YOU KNOW, VERSUS JUST A TRADITIONAL BUILDING PUSHED TO THE EXTREMES.

I MEAN IT SEEMS LIKE THERE'S THESE GREEN NODES THAT ARE AT DIFFERENT PLACES ALONG THE STREETS.

SO CAN YOU TALK ABOUT THAT EXPERIENCE AS WELL AS THE CONNECTIONS, HOW IT CONNECTS BACK TO ZACK THEATER AND THEN UH, BACK TO, I GUESS IT'S GOING TO BE THE CITY CENTER.

UH, SORRY, THE DOGGY SITE, YOU KNOW, THE MASTER PLAN.

KIND OF TALK ABOUT THE WHOLE EXPERIENCE.

CAUSE I WANT TO MAKE SURE THAT PEOPLE UNDERSTAND THAT.

UM, IT'S NOT JUST A BUILDING THIS, THIS IS REALLY, YOU KNOW, MY UNDERSTANDING IS IT BECOMES LIKE A, A FABRIC OF THE WHOLE AREA EXPERIENCE.

SO MAYBE IF YOU SPEAK ABOUT THAT A LITTLE BIT, I WOULD BE HAPPY TO, IF IT'S POSSIBLE TO PULL UP THAT THE GROUND FLOOR VIEW AND NOT TAKE YOUR TIME.

COMMISSIONER, I COULD EXPLAIN IT A LITTLE BIT BETTER WITH VISUAL PHOTOGRAPHY TOO.

YEAH, I THINK TALK ABOUT THAT AND ALSO TALK ABOUT SOME OF THE ROOFTOP TERRACE TYPE STUFF AND WHETHER IT'S PUBLICLY ACCESSIBLE.

BASICALLY I'M TRYING TO SEE WHAT THE PUBLIC EXPERIENCES HERE.

IF I DON'T WORK THERE, DO I GET TO STILL EXPERIENCE IT AND HOW DO I BENEFIT FROM SOMEBODY WHO YOU KNOW WHO DOESN'T WORK THERE LIVE OVER THERE, HOW DO WE BENEFIT, SURE.

LET ME START WITH THE GROUND FLOOR.

SO WHEN YOU LOOK UP AND DOWN SOUTH LAMAR, THERE'S MANY CHALLENGING FEATURES THERE AND ONE OF THEM IS REALLY WITH THE THEATER TO THE NORTH, THE WAY THAT THIS, THE WAY THAT THEY MOVE FORWARD AND WITH THE DESIGN OF THE FLIGHT TOWER, THEY ENDED UP HAVING TO REALLY TURN THEIR BACK UNFORTUNATELY TO SOUTH LAMAR.

AND THIS PROJECT WORKED REALLY HARD TO MAKE SURE THAT IT DIDN'T TURN IT BACK TO SOUTH LAMAR, BUT IT DIDN'T TURN IT BACK TO TO ME AND NOR DID IT TURN IT BACK TO WHAT VAC HAS MOVED THE PUBLIC AREA.

SO YOU'LL SEE ALONG SOUTH LAMAR WHERE THE PROJECT SIX SPECIAL CARE TO CREATE THESE SUPPLEMENTAL ZONES AND PULL THE BUILDING BACK AND CREATE OUTDOOR SEATING AREAS, CREATE AREAS THAT YOU CAN ENGAGE IN IF YOU'RE THE GENERAL PUBLIC WALKING UP AND DOWN SOUTH LAMAR.

WHAT YOU'LL ALSO SEE IS THAT THERE'S A BREEZEWAY THAT WAS CREATED THAT IT'S THE EAST WEST GRAY AREA BETWEEN THE TWO RED BLOCKS AND WHAT THAT WAS DESIGNED TO DO WAS TO MAKE IT SO THAT A PEDESTRIAN WOULD FEEL INVITED TO WALK THROUGH.

THAT REASON.

IT'S ONLY PUBLIC AND ENJOY THE PLAZA THAT'S ON THE BACK SIDE OF THE PROJECT.

SO ON THE NORTH AND THE NORTHWEST SIDE AND WE WORK TIRELESSLY WITH THE PARKS DEPARTMENT TO GET TO A, A SUCCESSFUL CONFIGURATION OF THIS PLAZA, WHICH THIS PLAUSIBLE CONNECTS DIRECTLY TO THE ZACK STOCK PLAZA.

SO SOMEONE'S CAN BE WANDERING DOWN THE TRAIL, POP UP TO GRAB A BITE TO EAT IN THE RESTAURANT AND THEN WALK THROUGH THE BUILDING EXPERIENCE OF

[02:40:01]

ART THAT'S GOING TO BE THERE, MAYBE HAVE HIM SIT IN THE CLOSET, WALK OVER TO ZACH'S CLOSET AND THEN ENJOY THE SHOW.

WE WORKED REALLY HARD TO MAKE SURE THAT THIS JUST WASN'T A BUILDING THAT WAS CLOCKED IN AND TOOK IN THE AREA, BUT THEY DIDN'T REALLY INTERACTED WITH THE DISTRICT THAT'S CREATING THERE.

AND ALL OF THESE SPACES WILL BE OPEN TO THE PUBLIC.

THE BACK, THE PUB, THE CLOSET AREA.

WE'LL HAVE A PUBLIC ACCESS EVENT THAT WE'VE WORKED WITH PARKS AND RECREATION DEPARTMENT ON AND THE AREA ALONG SOUTH LAMAR WILL BE CONSIDERED SUPPLEMENTAL ZONES.

AND THEN THE PROJECT IS ALSO CREATED TWO ROOFTOP AREAS THAT ARE, THOSE ARE MORE PRIVATE TOWARDS THE OFFICE PROJECT.

THEY WILL BE RESERVABLE BUT THEY WILL NOT BE AS ANYBODY AT ANY TIME OF DAY CAN COME UP.

BUT THE GROUND FLOOR REALLY WAS THE DRIVER THERE.

AND LIKE I SAID, CREATING OVER 40% OF THAT GROUND FLOOR AREA IS OPEN THINGS.

AND, AND, UH, JUST TO CONFIRM, SO THEN IF YOU DIDN'T, I MEAN IF YOU DIDN'T GET THIS, SOMEONE COULD JUST BUILD A BIG BLOCK BUILDING AND NOT HAVE ALL THIS PUBLIC SPACE.

IS THAT CORRECT? YES SIR.

YOU WOULD LIKELY SEE A 60 FOOT BUILDING THAT MAX OUT ALL BACK AND DIDN'T HAVE ANY OPEN SPACE.

OKAY.

THANK YOU.

EITHER QUESTIONS, COMMISSIONERS, COMMISSIONER KATIE, THEN SEEING HER .

UM, QUESTION FOR THE APPLICANT.

UM, I LOVE MANY, MANY THINGS ABOUT THIS PROJECT, UH, INCLUDING THE, UH, I MEAN IT'S A PERFECT AND UH, ACCESSIBLE ROUTE.

I LOVE THAT YOU'RE PUTTING IN THE LARGER THAN, UH, THE LARGE CYCLE TRACK.

THERE'S A BUS STOP GOING THERE.

I MEAN THIS IS LIKE A POSTER CHILD FOR MULTIMODAL CONDUCTIVITY.

UM, BUT I WANT TO GO BACK TO THE, UM, YOU KNOW, THE WATER PLANT OVERLAY SPECIFICALLY CALLS OUT AND DEVELOPMENTS IN THIS AREA SHOULD BE A FOCAL POINT, RELIABLY PEDESTRIAN ORIENTED MIXED USES.

AND UH, ONE OF THE THINGS IN YOUR PUD, UM, ACTUALLY ALLOWS YOU TO DO SOMETHING THAT YOU WOULDN'T NORMALLY BE ALLOWED TO DO TO ACHIEVE THE POINT, WHICH IS TO, UM, UTILIZE ADMINISTRATIVE AND BUSINESS OFFICES.

UH, ON THE GROUND FLOOR MAYBE RATHER THAN SOME OTHER USES, IT MIGHT BE A LITTLE BIT MORE INTERACTIVE WITH PEOPLE WALKING BY.

AND UM, I'M JUST WONDERING, IS THAT SOMETHING THAT, IS IS OKAY REAL ESSENTIAL FOR YOU GUYS OR IS THAT SOMETHING GOOD? IT COULD BE MOVED UP OFF THE GROUND FLOOR AND NOT ALLOWED ADMINISTRATIVE BUSINESSES, OFFICES ON THE GROUND FLOOR REALLY, REALLY SOLID APPLY THAT.

THAT'S THE WHOLE, YOU KNOW, KIND OF BROWN FLOOR AND GROUNDS.

THIS, UH, THE SITE IS GOING TO BE VERY PEDESTRIAN ORIENTED.

THAT'S A GREAT QUESTION COMMISSIONER.

AND WITH OUR, WITH OUR INCLUSION OF THE ARTIST SPACE, WE WILL NO LONGER NEED OR LOOK FOR THAT VARIANT IF IT'S SOMETHING THAT THE COMMISSION WOULD CHOOSE TO REMOVE.

OKAY.

SO THAT COULD BE A AN AMENDMENT.

YEAH.

YEAH.

THANK YOU.

COMMISSIONER SPEAKING.

AND BEFORE I GO TO YOU, UM, WE HAVE TWO MORE DISCUSSION CASES LEFT AND WE HAVE SOME OTHER BUSINESS TO, TO GET TO SOME, UH, THE ELECTIONS AND FUTURE AGENDA ITEMS. I JUST WANT TO LET THE, THE TWO CASE, UH, UH, SPEAKERS AND APPLICANTS KNOWS.

SO THIS IS ITEM 16 AND THE 23 ARE LIKELY NOT GOING TO BE TAKEN TODAY.

WE HAVE A HARD STOP AT 10:00 PM FROM SPECT, SO ARE THE COMMISSIONERS, UH, TONIGHT IN FROM HOME.

SO WE WANT TO RESPECT THAT TIME AND THAT'S, THAT'S SOMETHING THAT WE HAD DECIDED WE CAN STILL SAY WE WANT TO KEEP GOING.

I JUST WANT TO GIVE FOLKS A HEADS UP THAT THAT WILL LIKELY HAPPEN.

UM, SO WITH THAT COMMISSIONER SEGER, YES.

EXCUSE ME.

CAN YOU HEAR ME? YES.

OKAY.

I LOST MY VOICE.

I HADN'T SPOKEN FOR SO LONG.

UM, MY QUESTION IS TO STAFF ON THE DECISION PROCESS ON GRANT TEAM HUD, EXCUSE ME, ZONING TO A 1.3 ACRE PARCEL.

THE REASON THAT HUD'S, AS WE ALL KNOW, GENERALLY THE MINIMUM SITE AREA IS WHEN 10 ACRES.

AND THE ANSWER TO MY QUESTION IS WHAT MADE THIS SPECIAL? IT WAS INDICATED THAT THE REASON THAT IS 1.3 ACRES WAS GRANTED HUD ZONING OR RECOMMENDATION IS BECAUSE IT'S IN AN OVERLAY DISTRICT.

THE WATERFRONT OVERLAY QUESTION IS ARE FUTURE PUG DECISIONS

[02:45:01]

GOING TO BE MADE IF THERE ARE SOME BASED ON THE OVERLAYS OR OTHER RESTRICTIVE COMPONENTS OF THE PROPERTY THAT SEEMS TO RUN IN CONFLICT WITH WHY WE HAVE MINIMUM SITE AREAS AND THAT'S FOR STAFF TO ANSWER THAT ON THIS CASE.

THIS IS HEATHER CHAFFIN PLANNING AND ZONING DEPARTMENT.

THE MINIMUM SITE AREAS OF 10 ACRES IS RECOMMENDED, BUT THERE ARE A VARIETY OF ISSUES THAT HAVE BEEN TAKEN IN ACCOUNT, UH, THROUGH THE YEARS.

GRAFFITI IS MENTIONED, BUT THERE ARE SEVERAL CIRCUMSTANCES.

I CAN'T REALLY SAY WHAT THE FUTURE.

OKAY.

SO WHAT YOU'RE SAYING IS BECAUSE THERE ARE OTHER RESTRICTIONS OVERLAYS ON THE PROPERTY THAT IT CAN SET, THE MINIMUM SITE AREA CAN BE REDUCED AND THIS IS TYPICAL OR IN DECISIONS.

WE ALL KNOW ABOUT THE TOCO PAD THAT WE DON'T HAVE TO DISCUSS THAT, BUT IS THIS GOING TO BE TYPICAL AND DECISION MAKING? I DEFINITELY CAN'T SAY ANYTHING IS GOING TO BE TYPICAL, BUT WE ARE GOING TO MOVE FORWARD WITH REQUESTS AND PRISONER SAYS, AND THAT'S WHAT APPLICANTS ARE STATING IS THE CONSTRAINT.

THEN WE'LL MOVE FORWARD WITH IT AND MAKE OUR RECOMMENDATIONS.

OKAY.

THANK YOU.

ANY OTHER QUESTIONS? COMMISSIONERS REAL QUICK? NOPE, NOT RIGHT NOW.

BUT I WILL MAKE A MOTION LATER.

MAYBE EXTEND THE MEETING 30 MINUTES TO SEE IF WE CAN HEAR THOSE LAST TWO ITEMS. SO STUFF THAT OUT THERE.

WE'RE NOT TALKING ABOUT IT NOW.

OKAY.

MISS MICHELLE.

OKAY.

REAL QUICK.

TECHNICAL QUESTION, DOES THE L A THIS IS FROM STAFF, DOES THE OPEN SPACE, UH, IS THERE SOME KIND OF AGREEMENT WITH THE CITY? UH, LIKE WITH PARK DEDICATION THAT UM, MAKING SURE THAT THAT REMAINS UP IN SPACE.

UM, IS THAT SOMETHING LIKE THAT DONE FOR THESE CODES? HEATHER? HEATHER CHAPMAN, AGAIN, WE HAVEN'T WORKED OUT THE DETAILS OF HOW TO CODIFY THAT.

I KNOW THERE HAVE BEEN DISCUSSIONS WITH PARD ABOUT SOME OF THE CONNECTIVITY AND OPEN AREAS, BUT THAT IS SOMETHING WE'RE WORKING ON FOR CITY COUNCIL.

IT WOULD BE ONE OF THE REQUIREMENTS.

OKAY.

SO THERE IS, WHEN THEY HAVE OPEN SPACE COMMITMENTS THAT THEY KIND OF WORK THERE, THAT'S IN THE UM, UH, THEY PUT AGREEMENT HOW WE'RE GOING TO KEEP THAT KIND OF KEPT OPEN SPACE OVER TIME.

THAT WOULD ALRIGHT.

THAT'S IT.

ANY OTHER, IF THERE'S NO OTHER QUESTIONS, WE'RE READY FOR A MOTION.

MR. ANDERSON.

ALRIGHT, SO WE CAN CHANGE THE OTHER QUESTION.

I WAS GOING TO MAKE A MOTION EITHER WAY.

OKAY.

GO AHEAD MR. ANDERSON.

I'M JUST GOING TO MOVE APPROVAL.

I'LL SECOND.

OKAY.

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

OKAY.

WHAT? YEAH.

THANK YOU.

SO, UM, YEAH, WE'VE ALL HEARD ABOUT THIS CASE FOR A REALLY, REALLY LONG TIME AND I'M GLAD THAT WE'RE HEARING A LITTLE BIT ABOUT HUD AND KIND OF THE RELATIONSHIP.

I'LL NEVER FORGET SITTING IN THE COUNCIL CHAMBERS LISTENING TO THEM, SHARE ALL OF HER SAY I WANT TO VOTE NO ON THE PARKLINE CAUSE THIS IS ARE TOO SHORT.

THERE SHOULD BE A 300 FOOT BUILDING.

I TEND TO LIKE THIS AREA TO HOLD BACK AT 96 LED THE APPLICANT AND STAFF BOTH POINTED OUT THAT NO, THIS IS REALLY THE ONLY MECHANISM TO GET TO 96 FEET STAYED IN THE WATER AND OVERLAID.

AND SO, UM, WITH OUR 36 YEAR OLD LAND DEVELOPMENT CODE THAT HAS NO ADMINISTRATIVE PROCESS TO ALLOW FOR, YOU KNOW, THE DENSITY THAT THIS AREA REQUIRES A NEEDS.

OBVIOUSLY WE HAVE TO HAVE VERY CONVOLUTED CASES IN HUDSON.

SO HERE WE ARE YEARS INTO THIS CASE AND I JUST, I LOVE THIS CASE AND THIS IS REALLY, REALLY GREAT.

WE'RE ALIVE AND WE'RE HIKING BUT THEN WE'RE GETTING A WHOLE LOT MORE GROUND FLOOR ACTIVATION.

WE'RE HAVING MORE GREEN SPACE.

THIS BUILDING IS SUPERIOR IN SO MANY WAYS.

I DO WISH IT WAS TALLER.

IT'S MY THING AND I TOTALLY UNDERSTAND THE ISSUES WITH THE PARKING.

IF ANYONE WANTS TO MAKE AN AMENDMENT ON THAT, I'D BE HAPPY TO TALK TO YOU GUYS ABOUT THAT.

BUT UM, I'M BIG, BIG, BIG THANK YOU TO AUSTIN TRANSPORTATION DEPARTMENT FOR KIND

[02:50:01]

OF PUTTING THEIR FOOT DOWN AND SAYING A NEW CURB CUT ON LAMAR MAKES ABSOLUTELY NO SENSE.

THAT'S AWESOME.

AWESOME.

THAT'S WONDERFUL FORESIGHT.

UM, I'M VERY DISAPPOINTED IN AUSTIN PARKS AND REC OR NOT BEING ABLE TO COME UP WITH A WAY TO ALLOW FOR THE EXACT SCOTT FIRE LANE TO ACT AS A FIRE LINE FOR BOTH SIDES.

INSTEAD OF A BRAND NEW FIRE LANE GOING INTO IT RIGHT NEXT TO A FIRE LANE THAT MAKES AS MUCH SENSE AS A BAG OF HAIR.

AND NOW WE'RE GONNA HAVE A BIG CUT ON LAMAR GOING TO BE, YOU KNOW, PULLING IN AND OUT AND LIFTS AND UBER'S AND ALL THAT KIND OF STUFF.

SO EVEN THOUGH WE FOUGHT REALLY HARD AND WE GOT CUT OFF LAMAR, YOU CAN BE ALL THOSE CARS OFF OF LAMAR COMING IN AND OUT.

THAT'S GREAT.

BUT TO HAVE A FIRE LANE NEXT TO A FIRE LANE, OUR CITY HAS TO WORK BETTER THAN THAT.

HOW OUR DEPARTMENTS CAN'T TALK TO EACH OTHER A LITTLE BIT BETTER.

BLOWS MY MIND.

THAT SAID, ALL IN ALL, THIS IS GREAT.

SO HAVING TO SUPPORT, THANK YOU, COMMISSIONER ANDERSON.

UH, PRETTY STRAIGHT FORWARD MOTION.

SO, UH, I'M GOING TO EXPECT THAT THERE'S NO QUESTIONS.

ARE THERE QUESTIONS? COMMISSIONER KENNY ON THE MOTION? NO.

OKAY.

THE TO THE NOTION.

OKAY, GO AHEAD.

UH, I'D LIKE TO AMEND THE, UH, THE PUD TO REMOVE THE ADMINISTRATIVE AND BUSINESS OFFICES A LITTLE LOUDER.

YOU SOME ON THE GROUND.

WELL, IS THERE A SECOND TO THAT AMENDMENT THAT CAN MAKE COMMISSIONER AND SHOW? IS THERE A QUESTIONS TO THE MOTION MAKER? THE AMENDMENT MAKER.

MR CHAIR.

YEAH.

UH, MR KENNY, CAN YOU EXPLAIN, UH, WHAT THE RESULT OF THAT YOU EXPECT TO BE? YEAH, SO MY UNDERSTANDING IS THE MEET THE TIER ONE AND TIER TWO REQUIREMENTS, YOU HAVE TO HAVE, UM, UH, USES ON THE FIRST FLOOR THAT ARE, UH, THAT ARE MORE, THAT ARE INTERACTIVE WITH PEDESTRIAN.

SO BUSINESSES THAT ACCEPT WALK-INS AND THINGS LIKE THAT, UH, OR CIVIC USES.

UM, AND THIS WOULD, UH, THE CURRENT BYTE AS IT CERTAINLY WOULD ALLOW AN ADMINISTRATIVE OFFICE THAT DOES NOT REALLY OPEN.

UM, SO, UH, AND THAT'S A SPECIAL ALLOWANCE THAT THEY HAVE IN THE PODS.

SO BY TAKING THAT SPECIAL ALLOWANCE OUT, UM, IT REQUIRES MORE KIND OF AND ORIENTED USES FOR THAT PERSON.

UH, UM, I JUST WANTED TO MAKE SURE THAT THAT WOULDN'T PRECLUDE, OKAY.

ANY ADMINISTRATIVE ACTIVITIES GOING ON IN THE GALLERY AND ZONING, YOU THE REGULAR WATERFRONT OVERLAY, BUTLER DISTRICT, YOU CAN HAVE UP TO 50% OFFICE SPACE ON THE GROUND FLOOR.

AT THE BEGINNING OF THIS APPLICATION, THE APPLICANT WAS ASKING FOR MORE AREA.

SO THEY ARE CURRENTLY UH, THROUGH NEGOTIATION WITH STAFF.

THEY ARE NO LONGER PROPOSING MORE THAN 50%.

AND TO A QUESTION WE SPECIFICALLY CALLED OUT, NONE OF THE ELEVATOR SPACE, LOBBY SPACE, MECHANICAL SPACE, ANYTHING LIKE THAT CANNOT BE COUNTED AS NON OFFICE.

IT HAS TO BE KIND OF A NEUTRAL ZONE PLEASE.

YEAH.

OKAY.

I JUST WANTED TO ASK, UH, UM, MS JAPIN, UH, THE BACKUP SAYS THAT THE PROPOSED REZONING SPECIFICALLY ADDS ADMINISTRATIVE AND BUSINESS OFFICES IS BROWN FOR PEDESTRIAN ORIENTED USE, UM, NOT TO EXCEED 50%.

ARE YOU SAYING THAT THAT THAT IS BASE CODE? YES, IT IS.

UM, THAT SHOULD PROBABLY BE CORRECTED IN THE REPORT OR CLARIFIED IN THE REPORT.

UM, AT FIRST THEY WERE ASKING FOR THE ADMINISTRATIVE OFFICE SPACE TO BE COUNTED AS PART OF THE, THE OKAY.

UM, PEDESTRIAN ORIENTED USES.

BUT SINCE THEY'VE AGREED THAT IT SHALL NOT EXCEED 50%, THE TRADITIONAL.

RIGHT.

AND THAT'S BECAUSE 50% CAN BE NON PEDESTRIAN AND 50 CENT.

50% IS PEDESTRIAN.

RIGHT.

RIGHT.

SO EVEN THOUGH THEY'RE NOT, EVEN THOUGH THEY'RE NOT ASKING FOR IT, I'D LIKE TO KEEP MY AMENDMENT JUST TO CLARIFY THAT ADMINISTRATIVE AND BUSINESS OFFICES WILL NOT COUNT AS GROUND FLOOR PEDESTRIAN ORIENTED USE IN THIS DEVELOP.

YES, AND ALSO NOT COUNTING ANY OF THE LOBBY AND ELEVATOR SPACE AS PEDESTRIAN ORIENTED USES.

WE DIDN'T WANT THEM TO SAY THAT ALL THOSE THINGS ARE PEDESTRIAN ORIENTED, SO TO ANSWER MISTER

[02:55:01]

HEMPEL, I THINK YOUR QUESTION THAT STILL ALLOWS THEM UP TO 50% THAT THEY COULD USE FOR SAY THE ART GALLERY OFFICES, BUT THEY COULDN'T USE MORE THAN 50% OKAY.

WHICH SOUNDS LIKE IT DOESN'T CONFLICT WITH THEIR PLANS.

I JUST LIKE IT.

WRITTEN IT.

RIGHT.

YEAH.

ANY QUESTIONS FOR THE SPEAK OUT AGAINST, THAT'S ALL RIGHT.

NEUTRAL.

OKAY.

IF I CAN, IF I CAN ANSWER REGARDING THE ART GALLERY AREA AS AN OUTDOOR SPACE, I NEED TO DO MORE RESEARCH ON THAT BECAUSE WE'RE GENERALLY TALKING ABOUT THE INTERNAL SPACE.

OKAY.

WITH THE UP TO 50% ALLOWED.

IT SOUNDS LIKE YOU'RE NOT GOING TO EXCEED THAT WITH OUR GALLERY OFFICE SPACE.

SO I THINK THIS PROJECT, IT'S NOT AN ISSUE.

SPEAKING NEUTRAL OR SPEAKING FOR SMOKE.

OKAY, WELL LET'S TAKE UP A VOTE ON THE AMENDMENT.

ALL THOSE IN FAVOR OF THE AMENDMENT, PLEASE RAISE YOUR GREEN ITEM.

YOU POSED THAT MOTION CARRIES UNANIMOUSLY.

BACK TO THE NAME.

MOTION.

TARA.

I HAVE ANOTHER AMENDMENT.

OKAY, GO AHEAD COMMISSIONER SHAW.

I WOULD LIKE TO PROPOSE A, IT LOOKS LIKE JUST LOOKING AT THE PARKING NUMBERS, THEY'RE AT A 6% REDUCTION FROM A CODE.

UH, JUST BEING, IT'S ON A, IT'S IS ON A VERY UH, OR EYE CORRIDOR.

I THINK WE SHOULD GO, UM, RECOMMEND 20% REDUCTION FROM THE PARKING.

UM, I THINK THAT IS IN THE CODE THAT, UH, THAT'S WHAT WE'RE, UH, WE ALLOW FOR THESE, UH, ALREADY NETWORKS.

SO I'M JUST PROPOSING THEY LIMIT TO 20% OF THE A CODE REQUIREMENT.

90% LESS THAN CODE.

IS THERE A SECOND? SECOND BY COMMISSIONER SIEGEL.

ARE THERE QUESTIONS FOR THE MOTION MAKER? MS. ANDERSON? SO IS THAT 20% FROM THE MAXIMUM IS, I THINK THERE'S 6% OFF THE MAXIMUM NOW.

YES, IT'S 20% OFF THE MAX.

I THINK THAT'S, IT'S ALREADY IN THE CODE AND OTHER PLACES FOR THESE PRIORITY NETWORK.

ANY OTHER QUESTIONS FOR THE MOTION MAKER? ANYONE SPEAKING AGAINST MR SHEA? I'LL SPEAK AGAINST, I MEAN I THINK WE GOTTA THINK OF THIS AS, IT'S NOT JUST A BUILDING.

THE WHOLE AREA IS A DISTRICT THAT WE'RE CREATING.

IT'S SERVING MORE THAN JUST THIS ONE BUILDING.

THERE'S A WHOLE DOUGHERTY ARTS AREA.

THERE'S ZACK THEATER THERE THAT, I MEAN OFTEN PEOPLE ALREADY PARKING ALREADY IN THE STREETS AND STUFF OVER THERE JUST TO GO TO THE SHOWS.

I MEAN IF WE LOOK AT THAT AS A DISTRICT, THEN I SEE IT AS A STRUCTURED PARKING AREA FOR THE DISTRICT.

ONCE WE HAVE THAT THERE, THEN THE OTHER PROJECTS AROUND IT DOESN'T HAVE TO SUPPORT AND BUILD MORE PARKING.

SO WE KEEP ASKING FOR CENTRALIZED PARKING IN DIFFERENT HUBS OF THE, OF THE CITY.

THIS IS KIND OF IT.

SO IF YOU DILUTE THIS, THEY'RE GOING TO JUST BUILD IT NEXT DOOR AND NEXT DOOR.

AND WE HAVE ALL THESE LITTLE PARKING LOTS EVERYWHERE.

SO ANYWAY, SO I WAS SPEAKING AGAINST IT.

SPEAKING FOR OR AGAINST OR NEUTRAL.

OH, SORRY.

I'M LIKE, I'M NOT GOING TO SUPPORT THEM.

I'M GOING TO LET THEM DETERMINE CAUSE THEY KIND OF CALCULATED FROM, UH, AS A DISTRICT PLANNING AND I DON'T WANT TO MUDDLE IT INTO MORE OF A BUILDING.

OKAY.

LET'S TAKE A, LET'S TAKE A VOTE ON THIS AMENDMENT.

THAT WAS MOTION BY SHAW.

SECOND BY SEEGER.

ALL THOSE IN FAVOR.

RAISE YOUR GREEN ITEM.

THOMPSON, ARE YOU RED OR GREEN? I'M RED.

OKAY, SO ONE MORE TIME.

GREEN.

SORRY.

SPEAKING FOR I, ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN AGAINST, I AM AGAINST AS WELL.

OKAY.

ANY ABSTAINING CARRIES SEVEN TO SIX.

UH, BACK TO THE MAIN MOTION.

THAT WAS ANDERSON SHEA.

YEP.

ANY QUESTIONS ON THAT MOTION? OKAY.

UH, ANYONE SPEAKING AGAINST YOU MENTIONED YOU IS POLITO AND THEN SCHNEIDER.

THANK YOU.

SO I DEFINITELY APPRECIATE, I DEFINITELY APPRECIATE THE, UH, VARIOUS ASPECTS OF, OF, RIGHT.

I AGREE WITH A LOT OF THE OPEN SPACE AND DESIGN CONSIDERATIONS THAT WERE MADE.

UM, BUT I AM CONCERNED, I'M CONCERNED, UM, ABOUT

[03:00:01]

THE STAFF RECOMMENDATION AROUND THE WATERFRONT OVERLAY AND PARTICULAR, UM, SOME OF THE SPECIFICS THAT HAVE BEEN BROUGHT UP BY VARIOUS COMMUNITY MEMBERS.

AND I DEFINITELY WANT TO REMIND EVERYONE THAT, WELL, MAYBE THE LAST COMPREHENSIVE REWRITE HAPPENED 34 YEARS AGO.

OUR CODE HAS BEEN AMENDED TREMENDOUSLY.

AND ONE OF THE CHANGES THAT WAS MADE IN 2008 TO THE WATERFALL OVERLY ORDINANCE, UM, WAS MADE ACTUALLY TO ENCOURAGE MORE RESIDENTIAL HOUSING IN THIS AREA AND HIGH DENSITY MULTIFAMILY PROJECTS.

SO I FEEL LIKE, UM, GIVEN THE, THE VARIOUS, UH, VARIANCES ARE EXCEPTIONS TO THE RULE THAT WE'RE BEING ASKED TO CONSIDER, WHETHER IT'S HEIGHT, WHETHER IT'S, UM, YOU KNOW, ALL THESE DIFFERENT THINGS, I THINK WE NEED TO BE SEEING A LITTLE BIT MORE OF A, OF A COMPROMISE, WHETHER IT'S PARKING, ET CETERA.

SO, UM, FOR THAT REASON, UM, AND BECAUSE I THINK I ALSO AGREE THAT WE NEED TO BE CONSIDERING WHAT THE DEMAND FOR HIGH END A OFFICE SPACE IS GOING TO BE IN THE NEAR FUTURE.

UM, I'M, I'LL BE VOTING AGAINST, OKAY.

UH, COMMISSIONER SPEAKING FOR, AND THEN I'LL GO INTO SCHNEIDER.

CAN I SPEAK TO MY SECOND AS A SUPPORT? YES.

OKAY.

SO, UM, A LOT OF TIMES, YOU KNOW, WE ALWAYS TALKED ABOUT COMPLETE COMMUNITIES, RIGHT? SOMETHING THAT'S NOT JUST RESIDENTIAL BUT SOMETHING AS A COMBINATION.

UM, I SEE THAT AREA ALL ALONG, UM, ALONG THAT TREAT THAT GOES ALONG THE PARK.

I MEAN, THAT'S ALL RESIDENTIAL AND THERE'S MORE RESIDENTIAL BEING BUILT AROUND IT TO CREATE A GOOD, COMPLETE COMMUNITY THAT WE DO NEED A GOOD COMMERCIAL COMPONENT THERE.

IF WE WANT TO START, DECREASE THE AMOUNT OF TRAFFIC THAT WE WANT PEOPLE TO WORK AND PLAY AND LIVE AT THE SAME PLACE.

SO THIS, THIS BUILDING ALLOWS THAT TO START HAPPENING.

THE OTHER THING IS THERE'S A LOT OF TALK ABOUT PUDS AND ALSO IT'S A 10 ACRES, WHATEVER IT'S GOTTA BE OVER THIS SIZE.

WELL, THIS IS A VERTICALITY TO THIS.

WHEN THIS THING WAS WRITTEN SAYING 10 ACRES, THIS WAS OUR BACK.

UM, SO NOW WE'RE GROWING, NOW WE'RE TRYING TO BUILD UPWARDS.

SO MAYBE WE NEED TO REVISIT WHAT IN WORLD THIS MEANS.

AND IT IS, WE HAVE, WE HAVE WORKED THROUGH SO MANY PREDS ALREADY IN THE PAST IN ZAP AND PC THAT HUNTS ARE LESS THAN 10 ACRES, YOU KNOW, SO IT'S KIND OF SILLY TO SAY THIS AGAIN.

OH, IT'S NOT, IT'S LESS THAN 10 ACRES.

WE SHOULDN'T APPROVE THAT.

UM, THE OTHER THING IS ALSO SOMETHING THAT THIS DOES BRING.

AND I MENTIONED BEFORE WHEN I ASKED, UM, THE APPLICANT IS, IS, IS THE EXPERIENCE AND THIS IS IF THIS CONTINUES SUCH A GREAT PEDESTRIAN ACTIVATE OF EXPERIENCE FOR THE DISTRICT.

SO THAT'S WHY I'M SUPPORTING IT.

THAT'S WHY, UH, MR. SNYDER, ARE YOU SPEAKING AGAINST? YES.

UH, I APPRECIATE THE FOR WHAT DOES IS IT'S, IT'S, IT'S A PRETTY GOOD DEVELOPMENT.

IT MAKES A LOT OF THINGS INTO ACCOUNT.

UM, THAT'S SOME GOOD THINGS ABOUT CONNECTING PEOPLE FROM LAMAR TO THE PARKS.

UM, BUT WE HAVEN'T HAD A LETTER DISCUSSION ABOUT THIS.

I TH I THINK THIS IDEA THAT 96 FEET IS JUST A STANDARD OR HIGHER THAN THAT FROM SOME OF MY COLLEAGUES.

UM, AS WE KNOW, ZACK IS 80 FOOT AND THAT'S THE FLY.

THIS IS 96 FEET WATTS, UP TO 115 FEET FOR THE ELEVATOR FLY ACROSS THE STREET AT THE TACO PUD.

IT'S 96 FEET.

BUT OF COURSE THERE'S HOUSING THERE.

AND I THINK IF, IF WE'RE TALKING ABOUT HOUSING HERE, I WOULD HAVE A DIFFERENT VIEW ABOUT IT.

THERE'S LOTS OF OFFICE AROUND THERE.

THERE'S A LOT OF ACTIVITY AROUND THERE.

UM, THERE'S ALSO A TWO LANE, A FOUR LANE RICHARD ACROSS LAMAR.

I, I REALLY FEEL THE CONCERNS THAT THE NEIGHBORS HAVE RAISED.

I JUST FEEL LIKE WE CAN DO BETTER AT THIS, AT THIS SITE.

UM, SO THAT'S WHY I'M VOTING NO THANK YOU.

UH, SPEAKING FOR, UM, I'VE GOT A STRONGLY DISAGREE.

I THINK THIS IS JUST AN ABSOLUTE GEM OF THE DEVELOPMENT.

UM, IT'S, I MEAN THERE'S A SCHLOCKY SURROUNDED BY A PARKING LOT THERE RIGHT NOW GETTING A PUBLIC PLAZA WITH TREES AND A BIKE TRACK AND ACCESS PEDESTRIAN CONNECTIONS TO THE, UH, I MEAN IT'S, IT'S JUST, IT'S GOING TO BE SUCH A, A WONDERFUL THING TO HAVE THERE ON THE STREETSCAPE, BUT I, I DON'T EVEN KNOW HOW THIS COULD BE BETTER.

UH, IN TERMS OF, OF ACTIVATING A MULTI-USE AND IN TERMS OF, OF THE OFFICE USE, UM, I WANNA REMEMBER THAT, UM, THE STRATEGIC MOBILITY PLAN AND PROJECT CONNECT HAVE A TWO TRUNKS, A HIGH CAPACITY BUS LINE COMING IN FROM SOUTHWEST, UH, TWO DIFFERENT BRANCHES OF THAT PASSING, LITERALLY RIGHT IN FRONT OF THIS.

IN FACT, THERE'S ACTUALLY A STOP

[03:05:02]

ON THE PROPERTY.

UM, AND ONE OF THE THINGS THAT WE KNOW ABOUT TRANSPORTATION PLANNING IS HAVING A CENTRALIZED EMPLOYMENT DISTRICT IS REALLY, REALLY GOOD OR IMPROVE IMPROVING TRANSIT RIDERSHIP.

UM, AND IT'S, IT'S, IT'S JUST AN EFFICIENT WAY.

UM, THE IDEA OF HAVING CLUSTERS OF DEVELOPMENT DOESN'T WORK NEARLY AS WELL.

SO THIS BUILDING IS ACTUALLY PRIME POSITION TO, UH, THE, A NON-CAR TO VIEW FROM A WHOLE LOT OF PEOPLE FROM ALL WAY FROM OAK HILL DOWN TO MANCHESTER, UM, THOUGH THE WEST GATE TRANSIT CENTER DOWN THERE.

AND THEN AS WELL, IT'S BIKEABLE AND WALKABLE AND SUPREME.

WE BUY ACTUALLY FROM ANYBODY WHO IS ANYWHERE NEAR NOT ONLY THE BUTLER PART, THE BUTLER TRAIL, BUT ALSO THE SHOAL CREEK TRAIL.

UM, SO, UH, YOU KNOW, YOU CAN COME DOWN THE SHOAL CREEK TRAIL ACROSS THE PFLUGER BRIDGE, UP UP THE PARK, AND THEN DOWN THIS GREAT CYCLE TRACK.

UM, IF YOU HAD TO INVENT A PLACE THAT WOULD BE MORE ACCESSIBLE TO PEOPLE VIA MODES OTHER THAN CARS, I MEAN YOU'D BE HARD PRESSED TO FIND ANOTHER SITE.

SO, UM, A STRONG SPORT.

LAST COMMISSIONER SPEAKING AGAINST .

ALL RIGHT, SO WE'VE GOT A MOTION BY ANDERSON SECOND BY AH, SHIT AND UH, GOT TWO AMENDMENTS THAT ALREADY PASSED, UM, ONE BY KENNY.

WAS HE KENNY ANDERSON? I THINK IT WAS KENNY ANDERSON OR KENNY SHEA.

ANYWAY, THE AMENDMENT WAS YEAH.

TO UM, YEAH, TO NOT COUNT ADMINISTRATIVE OFFICES AS PEDESTRIAN ACTIVATING USES ON THE, ON THE FIRST FLOOR AND THE OTHER, UH, AMENDMENT WAS, YEAH, SHAW SEGER, UH, TO LIMIT THE PARKING TO UH, NOT LIMIT THE PARKING TO FOR THE MAXIMUM PARKING TO BE 20% LESS THAN MAXIMUM MAXIMUM ALLOWED.

UM, SO WITH THAT, LET'S TAKE A VOTE.

ALL THOSE IN FAVOR OF THE MAIN MOTION IS YOUR GREEN ITEM.

WE COUNT THOSE ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN, EIGHT, NINE, 10.

ALL THOSE AGAINST ONE, TWO, THREE.

OKAY.

SO THAT MOTION PASSES AND THAT YOU TOOK THREE THANKS EVERYONE FOR YOUR PATIENCE WITH THAT.

I GOT TO PLUG MY PHONE IN HERE.

OKAY.

SO COMMISSIONER ANDREW HAS AN INTEREST IN, HAD AN IDEA OF EXTENDING THE MEETING, WHAT COMMISSIONER ANDERSON DOES NOT HAVE IT AS THE LIST OF SPEAKERS THAT I HAVE THAT WE'VE GOT ALMOST 20 SPEAKERS IN ONE AND 24 SPEAKERS IN ANOTHER.

SO THAT'S TWO AND A HALF HOURS OF, OF EXTENSION.

SO LET'S, UH, LET'S MAKE SURE WE CHOOSE WISELY ON THAT.

WE'VE GOT TWO CASES, 16 AND 23 AND LOTS OF SPEAKERS SIGNED UP FOR EACH ONE OF THEM AND WE'VE GOT SOME OTHER BUSINESS TO HANDLE.

ALRIGHT.

THAT'LL COUNT AS ONE OF OUR SPEAKS AGAINST.

SO, UH, YEAH, I RECOMMEND WE ARE, I, I PROPOSE THAT WE GO TIL 11.

I MEAN, THE FOLKS THAT HAVE BEEN WAITING ALL NIGHT HAD BEEN WAITING AND JUST FOUND OUT YOUR MINUTES AGO THAT MIGHT NOT HEAR THEIR CASE.

SO YEAH, WE CAN TELL THAT CHAIR.

DO WE KNOW WHO WE HAVE SPEAKERS FOR? WHICH ITEM ARE THEY? FOR? BOTH OF THEM.

YEAH, I'VE GOT, YEAH, WE'VE GOT SPEAKERS FOR BOATS.

SO FOR 16 I'VE GOT ABOUT 15 SPEAKERS AND FOR THE OTHER ONE I'VE GOT 25 SPEAKERS.

OKAY, THANK YOU.

IS THERE A SECOND TO COMMISSIONER ANDERSON'S MOTION SO I CAN MAKE COMMISSIONER SEGER? ARE THERE QUESTIONS TO THE MOTION? THIS IS OUR QUESTION FROM STAFF.

I JUST WANT TO HEAR FROM THEM BECAUSE THIS IMPACTS THEM AS WELL.

IT'S LIKE CHECKING WITH STAFF.

WELL WE'RE STICKING WITH STAFF.

IT'D BE NICE TO KNOW IF ALL OF THEM IS 30 SOME SPEAKERS ARE 40 SOME SPEAKERS ARE STILL ON THE LINE.

WE HAVE NO STAFF ON THE, ON THE COMMISSION SPACE ON ANDREWS FOLKS THAT ARE ON THE, ON THE LINE TOUR COMMISSIONER OR THE DEVELOPMENT SERVICES DEPARTMENT.

I GUESS HOW DOES, HOW DOES ANOTHER HOUR OR TWO IMPACT YOU? IT'S THE, THE COMMISSION'S DESIRE AT THIS POINT AT THIS MOMENT.

UM,

[03:10:01]

DID WE HAVE ALL 30 SOME SPEAKERS ON THE LINE? IF WE COULD TAKE A PROBABLY A FIVE TO SIX MINUTE RECESS FOR ITEM B 16 TO GET A COUNT DOWN.

WHO'S ON THE LINE OR DID WE HAVEN'T PASSED THIS MOTION YET? I WOULD WANT TO ENSURE THAT THE PUBLIC HAS HAD THE OPPORTUNITY TO CALL IN IF WE COULD TAKE THAT.

SORRY ABOUT THAT.

THERE'S A BIT OF A LAG ONLINE, BUT UM, YES, WE'RE, UH, WE'RE DEFINITELY STILL HERE.

OKAY.

ALL RIGHT.

SO THAT WAS A MOTION BY ANDERSON AND SECONDED BY SEGER OR THE, IS THERE A COMMISSIONER SPEAKING AGAINST MR. SCHNEIDER? I JUST HAVE A QUESTION, BUT UM, ARE, SO WE'VE GOT A LOT OF SPEAKERS LINED UP, WILLING TO 11.

IF EVERYBODY TALKS ISN'T GOING TO GET THROUGH BOTH OF THEM, IT MAY OR MAY NOT GET US THROUGH ONE OF THEM.

LIKE, I DON'T WANT, IF WE SHOULD JUST CUT SOME PEOPLE LOOSE, IF WE'RE NOT GOING TO GET TO THEM, WE MAY WANT TO TRY TO GET TO ONE OF THE ITEMS, BUT NOT THE OTHER.

WE'RE NOT GOING TO GET TO 23 BY 11.

THAT'S NOT GOING TO HAPPEN.

SO, UM, IS THERE A CAUSE SPEAKER OR A COMMISSIONER SPEAKING AGAINST THE MOTION? YEAH.

BEFORE.

OKAY.

LET'S TAKE A VOTE.

ALL THOSE IN FAVOR OF EXTENDING IT TO 11.

UM, SO, AND SHAY, ARE YOU UNDERSTANDING THIS RED? OKAY.

SO WE'RE GOING ON TO 11.

UH, ANDREW, WE NEED TO, DO WE NEED TO GET A B, 16.

LINDA, TAKE A FIVE MINUTE RECESS.

CAN WE AGREE THAT WE'RE NOT GETTING TO BE 23? CORRECT.

IF WE COULD TAKE A FIVE MINUTE RECESS, CAN I, CAN I, CAN I MOVE THAT WE POSTPONE 23, UH, THE 26.

SORRY, I'LL SECOND THAT.

OKAY.

I'M RECUSING FROM 2317.

DAMMIT.

UM, SO ARE WE GONNA UH, WE'RE BETWEEN ITEMS, SO YEAH, I THINK THAT'S IT FOR THE THING.

SO LET'S TAKE,

[Item B23 (Part 1 of 3)]

UH, ITEM NUMBER 23 AND WE HAVE A MOTION.

DO I HAVE A SECOND FOR THAT MOTION? I DID.

IT WAS A SHEA WHO MADE THE MOTION OR SCHNEIDER.

I SECOND IT.

THOMPSON BUMPED SOMETHING.

YEAH.

AND THEN SAY SECOND AT THE BUMP.

23 THOMPSON SHARING.

YEAH.

ALL RIGHT.

UH, ANYONE WANT TO SPEAK TO? ANYBODY WANT TO SPEAK AGAINST? ALL RIGHT.

UH, MR. ANDERSON.

CORRECT.

UM, IT'S, UM, IT'S A GNPC FOR AFFORDABLE HOUSING DEVELOPMENT DIRECTLY NEXT TO THE TOWN.

THEY'VE BEEN WAITING A LONG TIME.

WE CONTINUE TO POST THEM.

THEY'RE READY TO BUILD THEIR BUILDING.

I NEED HOUSING.

KNOCK THIS, MR SEEGER.

I PERSONALLY BELIEVE ANYONE THAT HAS SAT FOR THE LAST FOUR HOURS OF OUR TECHNICAL PROBLEMS SHOULD BE HEARD TO POSTPONE ITEM 23 BY TWO WEEKS.

NEIGHBOR RAISED SOMETHING GREEN.

ONE, TWO, THREE, ONE, TWO, THREE, FOUR, FIVE, SIX, ALL OPPOSED OR SOMETHING.

ONE, TWO, THREE, FOUR, FIVE, SIX.

UH, MOTION FAILS.

UH, SO EVERYBODY ON THE LINE ARE LISTENING AT HOME.

THE COMMISSIONERS HAVE POSTPONED THE CASE, WHICH I THINK INDICATES THAT THEY'RE LIKELY TO VOTE TO EXTEND THE MEETING AS LONG AS WE NEED TO GO.

UM, SOME REASON TO PASS THAT ITEM.

UH, SO WITH THAT, LET'S TAKE IT, LET'S TAKE A THREE MINUTE RECESS TO GET THE COLORS LINED UP FOR 60 EYES OR CHAIR REAL QUICK.

UM, MAYBE A QUESTION FOR ANDREW.

CAN WE POSTPONE OFFICER ELECTION TO THE NEXT MEETING? ANY, CAN WE POSTPONE EVERYTHING ELSE ON THE AGENDA EXCEPT FOR FOR 16 AND 23? NO, NO.

I HAVE AN ITEM FOR NEW BUSINESS THAT HAS TO BE TAKEN UP TODAY.

WE COULD EVEN DO IT RIGHT NOW.

WE CAN TAKE CARE OF THAT RIGHT NOW.

IT'LL TAKE LIKE, LIKE 20 SECONDS.

IF ANYBODY WANTS TO TAKE THAT ONE THING OUT OF ORDER, THAT'LL TAKE 20 SECONDS.

[03:15:01]

WE DID THAT.

OKAY.

OKAY.

WE'RE GOING

[Item D]

TO TAKE ITEM F, UH, COMMISSIONER K OR C, WHICH ONE OF YOU IS LEADING THAT? SHAY? I HAVE IT RIGHT HERE.

SO A FUTURE BUSINESS ITEM.

I WANT TO PUT AN ITEM TO DETERMINE RECENSION OF PLANNING COMMISSION ACTION REGARDING THE SIMON CASKEY, UM, TRACKED, UH, CASE FROM APRIL 28TH.

I WANT TO PUT THE ITEM TO BE PLACED ON MAY 26 SO IT'S TWO DETERMINED RECENSION OF PC ACTION.

AND DO I HAVE THIS, I GUESS I NEED A SECOND.

YOU HAVE ME.

OKAY.

OKAY.

THAT'S, AND THAT'S IT.

WE JUST NEED A FIRST AND SECOND.

THERE'S NO VOTE.

IT'S JUST NO VOTE.

JUST DO IT.

ALRIGHT, LET'S GO.

SURE.

UM, AT OUR LAST MEETING, UH, I MOVED WITH THE SECOND COMMISSIONER SHAY TO GET AN UPDATE ON THE LAND DEVELOPMENT CODE AND UM, UH, I HAVE SOME LAND DEVELOPMENT CODE STAFF.

UH, IT LOOKS LIKE THEY ARE HOPING TO COME AT OUR NEXT MEETING, BUT IT MIGHT BE TWO WEEKS AFTER THAT TO COME AND GIVE US AN UPDATE OR JUST ANSWER QUESTIONS.

UM, WE HAVE TO BE SENSITIVE TO, UH, TO NOT GETTING STUFF BEFORE COUNCIL.

OKAY.

THANK YOU.

ANY OTHER AGENDA ITEMS? OKAY.

THERE AIN'T NO OTHER FUTURE AGENDA ITEMS THAT NEED AGENDA.

MMM.

ANDREW, WE'RE STILL WAITING ON AN ANSWER FROM YOU ABOUT THE PUDDING OFFICER ELECTION.

UM, IF WE'RE WAITING FOR STAFF STILL, WE CAN GO AHEAD AND TAKE IT UP UNLESS SAS ARE READY.

OKAY.

SO

[Item B16]

WE'RE GOOD TO GO ON BE 16.

LET'S DO THE 16.

ALL RIGHT.

IS STAFF READY TO GO? I'M SORRY? ARE YOU READY TO GO? YES, I'M HERE.

CAN YOU HEAR ME? YES, WE CAN HEAR YOU.

GO AHEAD.

YEAH.

UH, THIS IS, UH, THE BOTTOM WITH THE DEVELOPMENT SERVICES DEPARTMENT FOR THE TWILIGHT PARTNERS.

PRELIMINARY PLAN TAKES NUMBER CA 2019 ZERO ONE ONE TWO.

THE APPLICANT IS PROPOSING A 20 LOTS OF DIVISION ON 17.92 ACRES.

THIS PROPERTY IS LOCATED AT EIGHT THROUGH 16 TWILIGHT TERRACE DRIVE.

THE PROPERTY IS UNDEVELOPED RIGHT NOW AND HIS OWN SF ONE F OF ONE, UH, DOES REQUIRE FOR A MINIMUM SIZE OF 10,000 SQUARE FEET.

IT DOES MEET THAT REQUIREMENT.

THEY ARE PROPOSING HALF AN ACRE LOT.

YEAH.

AND UM, THE APPLICATION HASN'T BEEN REVIEWED BY VARIOUS REVIEWERS, TRANSPORTATION, ENVIRONMENTAL DRAINAGE AND UTILITIES AND HAVE MET A LAND DEVELOPMENT CODE WITH THAT, UH, THE CASES PROPERTY AND FOR NEPHEW FOR APPROVAL.

AND STAFF IS HERE TO ANSWER ANY QUESTIONS AND I BELIEVE THE APPLICANT IS YOU'RE ALSO, YES, I AM HERE.

GO AHEAD.

UM, INTRODUCE YOURSELF PLEASE AND YOU'LL HAVE SIX MINUTES.

MY NAME IS JERRY PARALIS WITH PARALIS LAND DEVELOPMENT.

GOOD EVENING COMMISSIONERS AND CHAIR.

UH, I AM THE ENGINEER FOR THIS PROJECT AND HAVE WORKED WITH STAFF TO DEVELOP THIS PLAN TO ACCORDING TO THE NEIGHBORHOOD PLAN TO BE ABLE TO FIT, UH, OUR, OUR LOFT IN HERE WITH THE DEDICATION TO PARKLAND AS WELL.

WE'RE DEDICATING 3.77 ACRES TO PARKLAND TO BE DEVELOPED WITH A PARK LANDS TRAIL HEAD TRAILHEAD.

WE'VE ALSO WORKED WITH THE WETLAND BIOLOGISTS TOO.

REMEDIATE A PILE OF DEBRIS THAT'S BEEN LOCATED ON THE SITE FOR YOUR, IT LOOKS LIKE A FEW YEARS BEFORE WE EVER ACQUIRED THE PROPERTY.

AND SO WE'RE GOING TO MULCH THIS AND MAKE A TRAIL SYSTEM THROUGHOUT THE PARKLAND THAT WE'RE DEDICATING.

SO WITH THAT, WE'RE IMPROVING THE DRAINAGE THROUGH THE SITE BY CAPTURING OFFSITE FLOWS AND RELIEVING THE ADJOINING NEIGHBORS BY CREATING PIPES AND CHANNELS TO PUT THE WATER BACK INTO THE CREEK.

SO WE'RE IMPROVING THE NEIGHBORHOOD USING THE NEIGHBORHOOD PLAN TO CREATE A DENSITY THAT INCLUDES 17.92 ACRES WITH 16 LOSS, FOUR HOMES, SO IN AN AREA THAT IS REALLY WOULD BE CONSIDERED SUBURBAN INFILL.

THEN IT'S COMPLETELY SURROUNDED BY HOMES AND AN AREA THAT IS NECESSARY FOR HOMES TO BE DEVELOPED WITH OUR HOME SHORTAGE.

AND THAT'S REALLY THE INPUT THAT I HAVE WORKED FOR YEARS WITH THE, UH, DRAINAGE ENGINEER THAT, THAT APPROVED THE SUBDIVISION SURROUNDING IT AS WELL TO CREATE THIS COMPREHENSIVE

[03:20:01]

PLAN FOR WATER QUALITY, DRAINAGE AND DETENTION.

SO THIS IS, THIS IS A, A YEAR'S OF WORK IS REALLY BE.

THANK YOU MR PIRELLIS.

I'VE GOT SEVERAL SPEAKERS SIGNED UP.

I'VE GOT 44 SPEAKERS SIGNED UP.

UH, SPEAKING FOR, UM, COURT SHELL FENCE.

I'VE WORKED FOR YEARS.

IT'S QUOTING ON THE LINE.

I'VE GOT COURT SHELF AND RED DAWSON.

ANDRE DROVE YANKO AND PIQUED CONKLIN.

IS ANY OF THOSE FOLKS ON THE LINE? YES, KAUFMAN IS ONLINE.

OKAY.

YOU GUYS CAN PICK YOUR ORDER AND INTRODUCE YOURSELF.

YOU'LL HAVE THREE MINUTES.

OKAY, I'LL GO FIRST.

MY NAME IS ANDRE IVANKA.

UM, AND UM, I'VE BEEN LIVING IN AUSTIN SINCE 2013 AND UM, UM, UM, AND DEVELOP OF THIS LAND.

UM, THIS LAND HAS BEEN, UM, KIND OF LANDLOCKED CURRENTLY NEIGHBORHOOD OR UM, NOBODY IS USING IT AND IT'S IN FIELD LOCATION AND THIS SHORTAGE OF HOUSING IN AUSTIN, I THINK IT SHOULD BE DEVELOPED.

AND WITH ONE, UM, YOU KNOW, BASICALLY 16 LOSS OVER 18 ACRES.

IT'S A FAIRLY LOW DENSITY, BUT UM, WE ARE COMPLIANT WITH A NEIGHBORHOOD PLAN AND WE ARE CREATING THE, THE BILL CAN BE USED BY ALL THE NEIGHBORS.

AND ALSO WHERE DID THIS DEDICATION OF 3.77 ACRES FOR THE PARKLAND IS NECESSARY TO MAKE THE WHOLE TRAIL SYSTEM WORK BECAUSE IT GIVES CONNECTION FOR THE GREEN BELT FROM EAST TO WEST.

SO I'M IN FAVOR OF THIS DEVELOPMENT AND UM, UH, WE'VE, IT'S BEEN VERY LONG, YOU KNOW, OVER THREE YEAR PROCESS AND, UM, WE FINALLY ADDRESSED ALL THE COMMANDS AND WE COMPLY WITH ALL THE REQUIREMENTS.

THANK YOU, SIR.

IS COURT SHALL FINN ON THE LINE? IS IT RED DAWSON ON THE LINE? EAT CONKLIN? YEP.

GO AHEAD SIR.

WE'LL HAVE THREE MINUTES.

ALL RIGHT.

THANK YOU.

UH, THANK YOU COUNCIL MEMBERS.

UM, YOU KNOW, IT'S FOR THE SAKE OF, UH, YOU KNOW, THE LATE HOUR, I DON'T HAVE A WHOLE LOT TO ADD EXCEPT THAT I JUST REITERATE WHAT HAS ALREADY BEEN SAID.

THERE IS ALMOST FOUR ACRES OF PARKLAND BEING DEDICATED AND BE VERY NICE.

PARKLAND.

UH, THERE IS A HOUSING SHORTAGE HERE IN AUSTIN AND UH, WE'VE WORKED VERY HARD TO GET THIS DEVELOPED AND UH, JUST, UM, THAT'S PRETTY MUCH ALL I HAVE TO SAY IS, UM, SO WE'LL JUST LEAVE IT AT THAT.

THANK YOU.

PETE.

ANDRE? NO, IF RED AND ORANGE ARE ON THE LINE, I DON'T KNOW IF THEY'RE ON THE LINE.

OKAY.

THANK YOU.

I'VE GOT NINE SPEAKERS SPEAKING AGAINST, UH, THE FIRST ONE IS, WELL SCHWARTZ AS WELL.

SCHWARTZ ON THE LINE.

YEAH, I'M HERE.

GO AHEAD MR SHORES.

YOU'LL HAVE THREE MINUTES.

SURE.

YEAH, THANKS EVERYONE.

SO I'M AN A RESIDENT 83 12 TWILIGHT TERRACE.

MY PROPERTY IS ADJACENT TO THE PROPERTY BEING PROPOSED FOR THE DEVELOPMENT.

I'VE GOT TWO OBJECTIONS.

FIRST IS THE ACCESS ROAD, AND THE SECOND IS THE LOT SIZE.

SO THE ACCESS ROAD INTO TWILIGHT GARDENS AS PLANNED IS TWICE THE WIDTH OF THE EXISTING ROAD AND IT'S UNCLEAR HOW STORMWATER RUNOFF FROM THIS ROAD WILL BE MITIGATED.

I THINK IT'S UNREALISTIC THAT WE MOVE FORWARD WITH AN APPROVAL REQUEST TONIGHT.

UM, DEVELOPERS NOT REALLY SHARED ANY PUBLIC INFORMATION THAT SHOWS DUE DILIGENCE ON HOW UH, RAINWATER'S MITIGATED, UM, STORMWATER THROUGH THIS AREA OF SIGNIFICANT, UH, THE RIGHT OF WAY RUNS THROUGH MY PROPERTY AND I SEE HOW MUCH WATER FLOWS OVER THIS AREA.

UH, THE DEVELOPMENT WILL WORSEN, UH, RUNOFF ISSUES.

UH, THE EXISTING ROAD TWILIGHT TERRACE IS 25 FEET WIDE.

THE PROPOSED ROAD STARLIGHT DRIVE IS 50 FEET WIDE.

THAT'S TWICE THE WIDTH.

SO MY SECOND OBJECTION IS WITH THE LOT SIZES.

THE PROPOSED DEVELOPMENT VIOLATES DEED RESTRICTIONS THAT REQUIRE MINIMUM ONE ACRE LOTS.

THIS DEED RESTRICTION IS SPECIFIC TO THE PROPERTY AND ADDRESSES INDIVIDUAL LOT SIZE IS NOT THE AVERAGE

[03:25:01]

OF LOT SIZES ACROSS THE PROPERTY.

SO PLANNING COMMISSION.

UM, THANK YOU FOR HEARING MY OBJECTIONS.

I'M REQUESTING THAT ANY APPROVAL OF THIS DEVELOPMENT BE POSTPONED UNTIL THERE'S AN UPDATED PLAN ADDRESSING MY OBJECTIONS AND THE OBJECTIONS OF MANY OF MY OTHER NEIGHBORS.

UM, THAT'S ALL.

THANK YOU MR. SCHWARTZ.

I MEAN, AND WHAT ME IS MR NAWAT NOW UNDERLINE.

YES, I'M HERE.

GO AHEAD MR NEVADA.

YOU'LL HAVE THREE MINUTES.

YEAH, I'VE, UH, I'VE LIVED OUT HERE SINCE 1967.

I'M WELL AWARE OF WHAT'S POPPY.

I KNEW THE PROPERTY OWNER REAL WELL.

THE DEED RESTRICTIONS LIMIT ONE HOUSE PER ACRE, NOT ACROSS THE BOARD.

THE, UH, DEDICATION TO PARKLAND I THINK IS A GOOD THING EXCEPT ALL THE PARKLANDS AND THE SIGNIFICANCE AND PART OF THE ROAD IS IN THE, THAT'D BE TUESDAY.

SO WE'RE, WE'RE, WE'VE ALREADY BEEN IN ONE LAWSUIT WITH THE CITY OUT HERE WHEN THEY APPROVED A SUBDIVISION THAT WENT AGAINST STATE CODE AND LANDLOCKED PROPERTY.

UH, WE HAD TO GET GREG ABBOTT INVOLVED IN IT AND OUR STATE REPRESENTATIVES AND LAWYERS TO GET IT STRAIGHTENED OUT.

AND THEN I THINK IT'D BE MORE PRUDENT IN THIS METHOD BEFORE WE DO SOMETHING THAT WE KNOW IS AGAINST THE LAW AND AGAINST THE RULES TO GO AHEAD AND GET IT STRAIGHTENED OUT BEFORE WHERE EVERYBODY CAN ENJOY THEIR PROPERTY AND NOT BE FIGHTING ON THIS FOR YEARS IN COURT.

IT'S NOT PRODUCTIVE.

THERE'S A LOT OF ISSUES.

WE MET WITH MR , UH, PER THE PLANNING COMMISSION'S REQUEST FROM THE LAST MEETING.

MR RICKIO COME OUT THERE AND BASICALLY SAID THAT THE RESTRICTIONS WERE PUT ON IN 1963 AND WE JUST WORKED SO WELL.

SOME PEOPLE BOUGHT PROPERTY OUT HERE KNOWING THAT THAT POPPED.

HE HAD RESTRICTIONS ON IT SO THAT IT WOULD BE A LARGE BLOCK SIZE.

IT COULDN'T BE THE SMALLER HIGH DENSITY BOX.

SO WE BIKED THE CLIQUE KIND OF VIOLATING THE PEOPLE THAT HAD ALREADY BEEN HERE WERE VIOLATING THEIR RIGHTS.

SO IN THAT METHOD, I'M AGAINST IT.

UH, THE ADDED TRAFFIC, GETTING ON TO CAMP THEM A COLOR ROAD AT THAT MAY 18, 26 OUT THERE.

IT'S ALREADY VERY HAZARDOUS WITH THE CONSTRUCTION COMING FOR THE TWO 90 71 ENTERTAIN, UH, TRAFFIC.

DON'T BE HORRIBLE OUT THERE AND NOBODY HAS ADDRESSED THE TRAFFIC ISSUES AT THIS TIME.

SO SEVERAL THINGS THAT NEED TO BE ADDRESSED TO THE REGION, TO THE SUBS BEHIND IT, AND THE BENEFICIARY OF THE RESTRICTIONS THAT WERE PLACED ON THIS PROPERTY BY MR SHOW YEARS AGO WHEN HE SOLD THE PROPERTY.

THAT'S REASON I'M AGAINST IT.

THANK YOU.

MR NO, WHAT NEED IS JOSEPH LEE RIGHT ON THE LINE.

JOSEPH, PLEASE GO AHEAD, SIR.

YOU'LL HAVE THREE MINUTES.

THIS IS JOSEPH LEE, RIGHT? THANK YOU ALL FOR YOUR TIME FOR, I GUESS A LOT OF THE ISSUES I HAVE ALREADY BEEN DISCUSSED, BUT I STILL DON'T UNDERSTAND WHY WE WOULD PUT A MORE DENSELY POPULATED SUBDIVISION IN THE BACK OF A LESS POPULATED SUBDIVISION.

YOU WOULD THINK THAT THAT WOULD BE AT THE FRONT END OF IT, NOT TO EXCEED THE TRAFFIC ABILITY OF THE INSIDE OF THE NEIGHBORHOOD.

A DRAINAGE.

I HAVE THE LAST HOUSE THAT WOULD, THAT CATCHES ALL THE RAIN THAT FLOWS OVER INTO THE FLOOD ZONE.

I HAVE NOT SEEN ANYTHING THAT SHOWS ME HOW THEY'RE GOING TO MITIGATE THE WATER THAT FLOWS OFF THE HILLSIDE, THAT SHEETZ ACROSS OUR PROPERTY AND GOES DOWN.

IF ANYTHING IS BUILT THERE THAT IMPEDES THAT WATER FLOW, IT'S GOING TO BACK UP ONTO MY PROPERTY.

I MEAN THERE'S SEVERAL NATURAL CREEKS AND DRAINS THAT RUN ACROSS OUR PROPERTY RUNNING DOWN THROUGH THERE.

AND IT WAS CONVENIENT THAT THE ENGINEER WAS NOT HERE.

YUP.

FOR THE MEETING TOO, TO SHOW THAT TO ANY OF US.

UH, YOU KNOW, I AGREE WITH THE DEED RESTRICTIONS.

KNOW OF THAT 18 ACRES OR 17.9, WHATEVER IT IS, HALF OF IT IS IN A FLOOD PLAIN.

UH, THE PARKLAND THAT THEY'RE, THEY'RE DONATING IT.

THAT'S WHAT IT IS.

IT'S FLOOD LAND.

UH, WHENEVER IT, WHENEVER THE WATER FLOWS HERE, ALL THAT WATER, ALL THAT LAND, IT'S UNDERGROUND OR UNDERWATER, UH, THAT'S CLINTON.

IF HE PUTS THAT MANY HOMES IN THERE, THAT WILL BE A THIRD OF HOW MANY ARE IN OUR WHOLE SUBDIVISION AS A WHOLE.

PUTTING THEM ALL ON ONE STREET AT THE BACK END OF THE SUBSIDY AGENT.

TO ME, THAT JUST DOESN'T MAKE SENSE.

OR IS IT SAFE FOR THE CHILDREN IN THE NEIGHBORHOOD? I THINK HE WAS FINE.

I THINK THAT'S IT.

THANK YOU.

MR LEROY GALEN JACKSON.

[03:30:02]

IS CAROLYN JACKSON ON THE LINE? YEAH, I'M HERE.

I COULDN'T FIND THE MUTE BUTTON.

SORRY.

GO AHEAD.

SO YOU'LL HAVE THREE MINUTES.

ALRIGHT.

MY NAME IS GALEN JACKSON.

I LIVE WITH 82 OH EIGHT TWILIGHT TERRORIST DRIVE RESIDENT FOR 17 YEARS.

LIFELONG RESIDENT OF AUSTIN.

UH, ALL I CAN SAY FOR YOU COMMISSIONERS IS REMEMBER STEINER RANCH 2011 WHEN THAT THING CAUGHT FIRE, THE BIGGEST PROBLEM, ALL THE NEIGHBORS SAID THEY COULDN'T GET OUT BECAUSE THERE WAS ONLY ROAD OUT.

IF YOU BUILD THIS SUBDIVISION DOWN IN MY STREET, YOU'RE GOING TO ADD AT LEAST, I DON'T KNOW, 40 50 CARS.

THERE'S ALREADY 40 OR 50 ON MY STREET.

THERE'S PROBABLY AN ADDITIONAL HUNDRED OR SO IN MY SIDE OF THE NEIGHBORHOOD, AND WE'RE ALL GOING TO GO TO 1826 AND 1826 IS A TWO LANE HIGHWAY CURRENTLY, GROSSLY OVER-TRAVEL.

AND THEY'RE GOING TO BUILD AN HEB AT THE CORNER OF TWO 90 AND 1826 SIR.

SO LET YOUR IMAGINATION BE YOUR GUIDE.

YOU'RE GOING TO PILE ALL THESE CARS ON THE STREETS THAT ARE ALREADY WAY TOO CONGESTED.

AND IF YOU GET A FIRE GOING ON DOWN THERE, OOH.

AND IT'S JUST REMEMBER STEINER RANCH, LOOK IT UP IN THE AUSTIN AMERICAN STATESMAN SEPTEMBER OF 2011 AND THEY'LL TELL YOU PEOPLE WERE TRYING TO GET OUT OF THEIR NEIGHBORHOOD.

THEIR NEIGHBORS WERE CALLING AND SAID, DON'T EVEN TRY IT BECAUSE WE'VE GOT THIS HUGE BACKUP.

WE CAN'T GET OUT.

THANK YOU.

THANK YOU MR. JACKSON.

JOHN MARTIN IS JOHN MARTIN ON THE LINE? YES, I AM.

GO AHEAD AND TURN, YOU'LL HAVE THREE MINUTES.

THANK YOU.

MY NAME IS JOHN MARTIN AND I'M SPEAKING IN OPPOSITION TO THIS PRELIMINARY PLAN.

MY HOME IS ALSO ANTOINE TERRACE DRIVE, UH, THE ACCESS ROAD FOR THIS NEW SUBDIVISION.

AND I'VE LIVED HERE FOR 17 YEARS.

MY CONCERNS, UH, REALLY ECHO THOSE THAT OTHER, OTHER FOLKS HAVE EXPRESSED ALREADY, BUT I'LL TRY TO BE SUCCINCT HERE.

UH, FIRST THE PLAN AS DRAWN IS BASED ON HALF ACRE LOT SIZES FOR THAT, FOR THE HOUSING.

UH, MY UNDERSTANDING THAT VIOLATES THE DEED RESTRICTIONS, WHICH WOULD REQUIRE AT LEAST ONE ACRE LOTS FOR EACH HOUSE.

THAT ALONE, I'D LIKE TO SEE THE COMMISSION POSTPONE CONSIDERATION UNTIL THE DEED RESTRICTION ISSUE HAS BEEN RESOLVED.

SECONDLY, I'M TERRIBLY CONCERNED ABOUT THE INCREASE IN TRAFFIC, ESPECIALLY AT THE 1826 AND TWILIGHT MESA INTERSECTION, UH, DURING MORE NORMAL TIMES BEFORE THIS WHOLE PANDEMIC THING, UH, EXITING THE SUBDIVISION AT THAT INTERSECTION WAS ALREADY DIFFICULT.

UH, ESPECIALLY DURING THE MORNING II AND EVENING COMMUTE TIMES WITH A POSTED SPEED LIMIT OF 55 MILES AN HOUR.

NO TRAFFIC LIGHT, NO STOP SIGN ON 1826.

THE ADDITIONAL TRAFFIC LOAD IS JUST GOING TO INCREASE THE RISK OF SERIOUS ACCIDENTS THERE.

AND AS GALA NOTED, HEB IS BUILDING A NEW GROCERY STORE JUST DOWN THE ROAD.

SO WE'RE, WE'RE OVERWHELMED ON THE TRAFFIC SIDE OF THIS AND I DON'T UNDERSTAND HOW THAT'S GOING TO, UH, GET ANY BETTER WITH THIS SUBDIVISION IS PLAN.

THANK YOU FOR YOUR TIME.

THANK YOU.

MR. REBECCA WHITE.

IS REBECCA WHITE ON THE LINE? YES, I AM.

GO AHEAD MA'AM.

YOU'LL HAVE THREE MINUTES.

UH, HELLO.

I'M A RESIDENT.

ALVIN REPRESENT THE STATES OF SHADOW RIDGE.

IT'S A COMMUNITY OF 48 HOMES ADJACENT TO THE PROPOSED DEVELOPMENT AND ALSO SERVE AS THEIR NEIGHBORHOOD.

UH OH HAND REPRESENTATIVE AND FIREWISE COORDINATOR TO PROPOSED DEVELOPMENT SITS ON THE HEADWATERS OF ATTENTION BRANCH WILLIAMSON CREEK AND IS IN THE BARTON CREEK SUN.

WE BELIEVE THAT THE ORIGINAL OWNERS THIS LAND REALIZE THE NEED TO PROTECT AND THE CHALLENGES OF TAMING THIS LAND AS THEY PLACED THESE SEED RESTRICTIONS.

IN THE EVENT IT WAS DEVELOPED, THE DEED RESTRICTION STIPULATE THAT SHOULD THE PROPERTY SPACE HAVE DIVIDED THE LOT SHALL MAINTAIN A MINIMUM OF ONE ACRE OF LAND WITH ONE RESIDENCE CONSTRUCTED ON EACH LOT.

THE COVENANTS RUN WITH THE LAND ARE BINDING ON ALL PARTIES AND WERE MADE IN FORCE TODAY.

THE PROPOSED SUBDIVISION DOES NOT COMPLY WITH THESE COVENANTS.

THE DEV, THE DEVELOPER WAS MADE AWARE OF THESE RESTRICTIONS OFFICIALLY IN 2018 AND HAS CHOSEN TO IGNORE OUR NOSES.

THE NEIGHBORS ARE REPRESENTED BY COUNSEL.

OUR INTENT IS TO ENFORCE THE SPEED RESTRICTIONS OR LEGAL ACTIONS, THE EFFECT OF WHICH WOULD REDUCE THE PROJECT BY SEVEN COATS.

THEY TAKE THE SHAD RAGES, THE NATIONALLY CERTIFIED FIREWISE COMMUNITY AND IS ACUTELY AWARE OF THE HAZARDS OF LIVING IN A WILDLIFE

[03:35:01]

URBAN INTERFACE OR LOUIE.

WE HAVE WORKED TO HARDEN THEIR HOMES AND PROPERTIES AGAINST THE THREAT OF WILDFIRE.

OF CONCERN IS THE IMPACT OF ADDING 50 HOMES ON THIS LAND SURROUNDED BY WILLIE AND WITH ONLY ONE EXIT TO ESCAPE FROM A FAST MOVING WILDFIRE.

AS REFLECTED IN YOUR BACKUP DOCUMENTATIONS, YOU'LL SEE SIMULATIONS OF TWO WILDFIRES STARTING IN THE WOMB AND IT REVEALS DANGEROUS CONDITIONS FOR THE TWILIGHT GARDEN RESIDENTS WHO HAVE ONLY ONE WAY OUT TO ESCAPE THE FAST MOVING WALLFLOWERS OVERTOOK THE EXIT ROUTE IN 20 TO 30 MINUTES IN THE SIMULATIONS.

THIS WALL, OUR HAZARD COULD BE MITIGATED BY ADHERING TO THE DEEP RESTRICTIONS AND REDUCING THE NUMBER OF HEADS AND DURING MAJOR RAIN EVENTS.

WE'VE SEEN MASSIVE FLOODING FROM THE DRY CREEK ON THE PROPOSED SUBDIVISION FLOWING INTO OUR GREENBELT AS WELL AS ACROSS THE BACKS OF OUR PROPERTIES.

MANY SOLUTIONS HAVE BEEN PROPOSED BY THE DEVELOPER AND DENIED.

BOTTOM LINE WITH THE NEWEST PLAN WORKS AND THE RESIDENTS ARE PROTECTED, IS BASED SOLELY ON THE RELIABILITY OF THE PROJECT IS NEAR SUBMISSION.

SINCE HE HAS TAKEN THE PROJECT ENGINEER OVER FOUR YEARS TO DEVISE A PLAN THAT WAS ACCESSIBLE TO THE CITY, WE REMAIN SKEPTICAL.

SO IN CONCLUSION, IT'S TAKEN FOUR YEARS TO MUDDLE THROUGH THIS PROJECT AND PRODUCE THIS PLAN WITH MANY WORK AROUNDS BY IGNORING THE DATE RESTRICTIONS, THE DANGERS OF LIVING IN A VOID REMAIN WOEFULLY UNMITIGATED DUST, ENDANGERING ALL THAT LIVE IN THE DEVELOPMENT AND THE SURROUNDING NEIGHBORHOODS.

SO IN SUMMARY, CRAMMING 15 HOMES DOWN HILL IN A CANYON AND A LARGE DRY CREEK BEDS THAT FLASH FLOODS IN THE MIDDLE OF LOUIE.

IT'S HARDLY WORTH THE RISK OF BREAKING FEED RESTRICTIONS AND ENDANGERING LIFE IN ORDER TO BUILD SEVEN MORE HOMES.

THANK YOU FOR LISTENING TO THE CONCERN, YOUR CONCERN.

THANK YOU MS. WHITE.

ROBERTA LANGE.

IS MS LAYING ON THE LINE? YES, YES I AM.

THANK YOU.

CAN YOU HEAR ME? YES, GO AHEAD MA'AM.

OKAY, THANK YOU COMMISSIONERS AND CHAIR.

I APPRECIATE IT.

MUCH AS BEN SAID.

WELL, I THINK THAT REBECCA JUST DID A REALLY GOOD JOB IN TALKING ABOUT OUR CONCERNS.

I THINK JUST TO BRING IT HOME A LITTLE BIT, I LIVE AT EIGHT 83 OH FOUR TWILIGHT TERRORISTS, JUST A COUPLE OF DOORS DOWN FROM THE PROPOSED INGRESS AND EGRESS ROAD FROM THIS UM, AREA AS WILL SAID, OUR FIRST SPEAKER OPPOSITION.

THIS WOULD BE A HUGE ROAD GOING THROUGH A CULDESAC THAT WE NOW HAVE THAT WE ALL BOUGHT OUR PROPERTY, HOPING THAT IT WOULD BE A QUIET AREA WITH, UM, LARGER ACREAGE.

WE HAVE CHILDREN AND GRANDCHILDREN PLAYING HERE ON A REGULAR BASIS.

IT WOULD TOTALLY CHANGE THE ENTIRE, UH, IDEA OF WHAT WE HAVE HERE AND WHAT WE PURCHASED OUR PROPERTY.

I THINK IT WOULD ALSO, UM, JUST CHANGE THE NEIGHBORHOOD AND POTENTIALLY AFFECT, UM, OUR REAL ESTATE VALUE AS WELL.

THAT SAID, UM, IF THERE WOULD BE ANOTHER WAY TO, UH, GO DIRECTLY OUT TO 18, 26 FOR ALL THE REASONS PEOPLE HAVE SAID, JUST THE DANGER OF HAVING ONE WAY IN AND OUT OF OUR NEIGHBORHOOD WITH OUR HOMES IS CURRENTLY VERY DANGEROUS.

UM, I THINK THAT THIS WOULD MAKE IT EVEN MORE SO THE DEED RESTRICTIONS ARE CLEAR AT ONE ACRE.

UM, REGARDING, UH, HOUSING DENSITY, I DON'T THINK ANYBODY HAS MENTIONED THE ST MARY'S COMPLEX THAT WENT UP JUST DOWN THE STREET FROM US ON THE CORNER OF SLAUGHTER IN 1826.

THAT IS A MULTI-HOME, UH, MULTIFAMILY AREA.

UH, SO WE DO HAVE THAT AS WELL AS OTHER AREAS AROUND US THAT, UM, RIGHT ACROSS THE STREET FROM, UM, TWO 90 MULTIPLE FAMILY AREAS.

IT'S NOT LIKE WE'RE NOT PAYING ATTENTION TO THAT.

I JUST REALLY BELIEVE, UH, THAT THIS WOULD BE NOT GREAT.

UM, AND NOT THE SOLUTION THAT WE'RE HOPING FOR TO ACCOMPLISH MORE HOUSING IN AUSTIN.

UM, AND SO I WOULD ASK THAT YOU RECONSIDER THIS PROPOSAL.

THANK YOU.

THANK YOU.

MS. LANG IS RICHARD LAY ON THE LINE.

THIS IS RICHARD LEE ON THE LINE.

YES, I AM.

GO AHEAD SIR.

YOU'LL HAVE THREE MINUTES.

OKAY.

WELL, I'M A GUEST THIS PROJECT FOR THE FOLLOWING REASONS, UH, LEGALLY THE DEED RESTRICTIONS OF ONE HOME PER ACRE.

WHY WOULD SOMEONE BUY THIS LAND? NOT KNOWING THIS OR THINKING THEY COULD CHANGE THIS AND CHANGE OUR PEACEFUL NEIGHBORHOOD.

THIS IS JUST NOT RIGHT TO ME.

OTHER CONCERNS IS THE TRAFFIC.

[03:40:01]

UH, PEACEFUL TRAFFIC ON OUR PEACEFUL STREET.

20 HOMES WOULD BE MASS TRAFFIC ON OUR PEACEFUL STREET.

PEOPLE GOING TO WORK AND BACK TO SCHOOL, STOPPING GOING OUT THE GOODWILL CAR WALKERS, UPS, FEDEX, AMAZON PRIME TRUCKS, MAIL DELIVERIES, UTILITY WORK, CONSTRUCTION WORKERS, LANDSCAPERS, TRASH, RECYCLE, WASTE COLLECTION, FAMILY AND FRIENDS VISITING, MOVING TRUCKS.

IT WOULD JUST BE TERRIBLE.

AND, UH, ALSO THE INTERSECTION OF FM 1896 AND TWILIGHT MESA, ALL THAT TRAFFIC I MENTIONED IS ALREADY A DANGEROUS INTERSECTION.

CARS POP OVER THE HILL, 55 MILE AN HOUR COMING FROM TWO 90, THE ADDITIONAL TRAFFIC WOULD BE HORRIBLE AND, AND VERY DANGEROUS.

UM, I JUST THINK THIS IS ALL NOT FAIR.

I MOVED TO THIS DEAD END STREET 12 YEARS AGO BECAUSE IT WAS PEACEFUL DEAD END STREET.

THIS WILL CHANGE EVERYTHING ABOUT THAT.

THAT'S IT.

THANK YOU.

THANK YOU.

MR. LANG IS COURTNEY MCGOVNEY ON THE LINE? WHAT'S THAT? OH, COURTNEY IS COURTNEY ON THE LINE? OKAY.

THOSE ARE ALL THE SPEAKERS SIGNED UP AGAINST.

UH, MR .

DID YOU WANT TO USE YOUR THREE MINUTE REBUTTAL OR SOMEONE ON YOUR TEAM? I CAN HAVE INPUT, UM, ON, ESPECIALLY ON STARLIGHT DRIVE.

THAT RIGHT OF WAY IS CONNECTING TO TWILIGHT PARENTS.

THAT ROAD WAS FLAT IT WITH THE SHADOW RIDGE CROSSING NEIGHBORHOODS.

SO THAT RIGHT AWAY IS EXISTED SINCE THEIR HOMES.

I THINK THAT FIT THE RIGHT OF WAY IS 50 FEET WIDE.

JUST LIKE THEIR RIGHT OF WAY THE ROAD WILL BE PAID 2060, JUST LIKE THEIR RIGHT WAY.

IT'S TREE-LINED RIGHT NOW WITH BEAUTIFUL TREES.

SO IT'S GOING TO BE LIKE A TREE TREELINE BOULEVARD.

SO IT'S ACTUALLY REALLY BEAUTIFUL.

THAT'S ALL I HAVE.

THANK YOU COMMISSIONER.

THOSE ARE ALL THE SPEAKERS.

IS THERE A MOTION TO CLOSE PUBLIC HEARING? WHAT'S YOUR MOTION MATTER SECOND BY SEEGER.

ALL THOSE IN FAVOR? RAISE YOUR GREEN ITEMS. CAN YOU POSE? OKAY.

THAT MOTION UNANIMOUSLY COMMISSIONER'S QUESTIONS FROM STAFF FROM THE APPLICANT FOR HIS SPEAKERS.

MR. HOWARD .

SO THIS IS A QUESTION FOR STAFF.

I KNOW WE WERE TALKING, THERE WAS A LOT OF DISCUSSION ABOUT THE CONCERN ABOUT THE LOT SIZE AND THINGS OF THAT NATURE, BUT ALL MY HERE PRIMARILY IS JUST THE VACATION OF THE 20 FOOT OF RIGHT AWAY.

IS THAT CORRECT? I'M SORRY, WHAT DID, WHAT WAS THE QUESTION? COULD YOU REPEAT THE QUESTION SIR? SURE.

I SAID THERE WAS MUCH DISCUSSION ABOUT THE LOT SIZE AND OTHER THINGS RELATIVE TO TRAFFIC, BUT WHAT WE'RE TALKING ABOUT PRIMARILY IS JUST A VACATION OF THE 20 FOOT WIDE RIGHT AWAY.

COMMISSIONER HOWARD, THAT'S THE NEXT ITEM.

I THINK IT HAS TO BE 23.

I'M SORRY, I'M SORRY.

I'M SORRY.

I'M LOOKING DOWN.

I'M SORRY.

NO, THAT'S ALL RIGHT.

I WANT TO BE ON THAT ITEM TO MS. COMMISSIONER HOWARD.

OKAY.

UH, COMMISSIONER SCHNEIDER.

I THINK THIS QUESTION IS FOR STAFF.

UM, LET LOT OF DISCUSSION ABOUT THE DEED RESTRICTIONS.

WHO ENFORCES THOSE? NO, WE AS A CITY OF AUSTIN AS PART OF THE REVIEW, WE DO NOT ENFORCE A PRIVATE DEED RESTRICTIONS.

THAT WOULD BE A PRIVATE MATTER THAT IT WOULD BE ENFORCED BETWEEN THE PROPERTY OWNERS.

THANK YOU.

DID I SEE A THOMPSON AND SHAW? YES.

SORRY, SORRY, COULD I JUST FOLLOW UP, FOLLOW UP ON THAT? UM, SO, UM, WITH A POSSIBILITY THAT, UH, ANOTHER PROPERTY OWNER COULD ENFORCE THE DEED RESTRICTION, UM, I GUESS IS A QUESTION FOR THE APPLICANT.

WHY ARE YOU MOVING FORWARD IF YOU'RE, IF YOU COULD JUST BE SUBJECT TO LAWSUIT AND NOT BE ABLE TO MOVE ACCORDING TO YOUR PLAN.

THAT WAS FOR THE APPLICANT.

JERRY, ARE YOU STILL ON? I AM STILL HERE.

UM, WELL I'M NOT THE, I'M NOT THE OWNER.

I'M DEFINITELY REPRESENTING THE OWNER, BUT HE HAS DEFINITELY HAD THIS TYPE OF SITUATION HAPPEN INCLUDING ON ENFIELD AND THESE SITUATIONS.

THIS IS SUPERIOR TO THE 1967

[03:45:01]

DEED RESTRICTION AND USING SOS STANDARD FOR ITS DEVELOPMENT, IT'S SUPERIOR TO THE DEED RESTRICTION IN THE FACT THAT IT'S ACCORDING TO THE PLANNING, UM, UH, CODE FROM THE NEIGHBORHOOD PLAN THAT WAS APPROVED BY THE PLANNING COMMISSION BY THE NEIGHBORHOOD BY, SORRY, SORRY, I'M AFRAID.

MAYBE, UH, I WASN'T CLEAR ABOUT MY QUESTION.

UH, IF I WERE THE OWNER AND THERE WERE A DEED RESTRICTION AND WAS ENFORCEABLE BY MY NEIGHBORS, SO CLEARLY WE HAVEN'T LOST A THING.

THE ONE, WE HAVEN'T LOST A SINGLE ONE OF THESE CASES.

HOW ABOUT THAT? THAT'S THE SIMPLEST ANSWER I HAVE FOR YOU.

OKAY.

THANKS.

WE'VE HAD DEED RESTRICTIONS EXIST BEFORE THEY'VE GONE TO CIVIL COURT.

THEY DON'T HOLD, THEY CAN'T, THEY'RE NOT ENFORCEABLE.

THIS IS A SUPERIOR PRODUCT.

IT'S IN A TIME WHEN WE NEED HOMES.

COMMISSIONERS.

THIS IS ONE THING YOU CONSIDER IS THAT THIS IS A PRELIMINARY PLAN.

SO EIGHT IS HE, UM, PRETTY MUCH IT'S A, UM, PLAN TO DETERMINE WHETHER THE UTILITIES AND THE LOTS WILL WORK.

YEAH, WE CAN STILL MEET TO A FINAL, FINAL, FINAL PAT OR PLAN AND YOU'LL HAVE TO FOLLOW THE CONSTRUCTION PLAN FOR THE CONSTRUCTION OF THE ROAD AND THEN STILL BY, FOR EACH INDIVIDUAL RESIDENTIAL PERMIT.

SO THIS IS JUST A PRELIMINARY CLASS.

THAT'S ALL IT IS.

I THINK USERS ARE SCOTT THOMPSON.

UH, JUST A QUICK COMMENT.

UH, I WILL SAY THAT, UH, IN CONTRARY TO WHAT I JUST HEARD, OUR NEIGHBORHOOD IS VERY, BEEN VERY SUCCESSFUL IN DEFENDING OUR DEED RESTRICTION.

SO, UH, IT DOES, THEY DO STAND IF YOU TAKE THEM TO COURT OR THEY CAN'T STAND.

UH, I WOULD LIKE TO PUT MY OUT, UH, IF THIS IS SF ONE CURRENTLY, WHICH I THINK THAT'S WHAT'S STATED ON THE, UH, THE INFORMATION.

UH, THE CURRENT ZONING, I GUESS WITH THIS OH, UH, SF, IT'S 10,000 SQUARE FEET.

UM, AND THEN, UH, THIS APPLICATION, IF IT'S A HALF ACRE LOTS, THERE'S, IT'S ABOUT 21,000 SQUARE FEET.

UM, THE COUNCIL IN THE DRAFT, UH, DRAFT A LAND CODE WAS PROPOSING THIS ART TO A, WHICH WOULD TAKE IT ALL THE WAY DOWN TO 5,000 SQUARE FEET.

THE, THERE'S REALLY NOTHING FOR LOTS BEING PROPOSED.

THAT'S NOT A BAD DEAL ANYWAY, AND STAFF CAN COMMENT ON WHAT I JUST SAID, BUT IT LOOKS LIKE IT'S A PRETTY GOOD DEAL IF YOU LOOK AT WHAT'S COMING OR, UH, COMPARED TO THE CURRENT, UH, CURRENT, UH, LOUD, UH, SQUARE FOOTAGE.

ANYWAY, COMMISSIONER SHAW, WOULD YOU LIKE STAFF TO COMMENT ON IT? I JUST WANT TO HEAR WHAT THE SQUARE FOOTAGE IS, ARE BASED ON THE CURRENT ZONING AND THAT WOULD BE GOOD JUST TO VERIFY THAT.

YES, THAT IS CORRECT.

RIGHT HERE.

IT'S ONLY THE DOCKSIDE REQUIREMENT FOR SF ONE IS A MINIMUM OF 10,000 SQUARE FEET.

AND IN THIS CASE THE APPLICANT IS PROPOSING, I BELIEVE IT'S 21,670 SQUARE FOOT BOX IF MY MATH IS CORRECT.

OKAY, THANK YOU.

COMMISSIONER SAGER.

THEN THOMPSON.

I GUESS I WAS GOING TO TALK ABOUT PRIVATE DATE RESTRICTIONS AND ONLY THE NAMES ON THE UH, DEED RESTRICTION THAT HAVE SIGNED UP SINCE THE ORIGINAL DEVELOPER AND THE LANDOWNER TYPICALLY ARE THE ONES THAT JOINED.

HOWEVER, I'VE SEEN WHERE ALLEN DALE HAD TODD'S COMBAT WHEN I WAS ON SAP HAD SUCCESSFULLY TAKEN DEVELOPERS.

THEY DIDN'T WIN A LOT, BUT ONCE IN A WHILE THEY DID AND THAT COMMUNITY HAS TO DECIDE ARE THEY WILLING TO GO TO MUNI COURT OVER THIS OTHER THING, DEED RESTRICTIONS, WHICH ARE NOT IMPORTANT.

THE CITY OF AUSTIN WAS THERE A QUESTION IN THERE? YOU? THANK YOU COMMISSIONER JOHNSON.

QUESTION FOR CITY STAFF THEN I THOUGHT THERE WAS A LIMIT TO HOW LONG THE STREET COULD BE WITH ALEXA, LIKE 1600 FEET OR SOMETHING.

AND WHEN YOU TALK TO THAT AND WHAT THE LENGTH OF THE STREET WILL BE WHEN IT'S COMPLETED.

OH, I COULD TALK TO THE, THE, THE REQUIREMENT FOR ALLOWING THE NUMBER OF UNITS.

UM, ONE OF THE ONLY THE SUBDIVISIONS ONLY HAVE ONE ACCESS IS IF THE SUBDIVISION HAS A MAXIMUM OF 30 SINGLE-FAMILY UNITS.

AS FAR AS THE ROAD.

A REQUIREMENT I BELIEVE IS THAT THE ROAD IS NOT MORE THAN 2000 SQUARE FEET.

THEN

[03:50:01]

THEY COULD GO AHEAD AND HAVE ONE ACCESS.

AND JERRY, IF YOU COULD HELP ME OUT WITH THAT BECAUSE THAT'S ACTUALLY A QUESTION FOR TRANSPORTATION.

SO RIGHT AND I, AND IF AMBER IS STILL ON THERE, SHE SHOULD, SHE CAN DEFINITELY SHINY IN ON THAT.

AS FAR AS THE RULES GO, YOU'RE RIGHT, THE LENGTH OF THE STREET IS NOT VERY LONG.

THE COLDEST STACKS ARE ALL 60 FOOT RADIUS IS TOO.

SO BIG GIANT FIRE TRUCKS CAN NOT ONLY TURN AROUND BUT CARS CAN ACTUALLY ESCAPE TOO.

SO THE ROAD WITH ON THOSE COLDEST STACKS ARE REALLY WHAT THE FIRE DEPARTMENT ENFORCED TO MAKE SURE THAT WE HAD THE CORRECT INGRESS AND EGRESS DURING AN EMERGENCY.

SO WE'VE ADDRESSED ALL FIRE COMMENTS WITH OUR COLD EFFECT DESIGN IN THE SUBDIVISION THE INTENTION OF THE ORIGINAL SHADOW RIDGE CROSSING SECTION 12 WAS TO HAVE THIS SUBDIVIDED.

NOW AGAIN, HOW MANY LOGS OR BACK THEN WHEN THEY DID THAT, THERE WAS NOT A NEIGHBORHOOD PLAN.

THIS WAS BACK IN 2000.

SO THESE ARE THE KINDS OF THINGS THAT GOT AGREED UPON WITH THE NEIGHBORHOOD CONTACT TEAM AND THE NEIGHBORHOOD PLAN.

ANY OTHER QUESTIONS FOR THE COMMISSIONERS? OKAY.

IF NOT, IS THERE A MOTION COMMISSIONER SEEGER? YOU'RE ON MUTE TO CLOSE THE PUBLIC CARRY AND APPROVE STAFF RECOMMENDATION FOR THIS PLAN.

UH, I THINK WE ALREADY CLOSED PUBLIC HEARINGS.

I WOULDN'T HAVE.

OKAY.

SO THEN I NOTION THAT WE ACCEPT STAFF RECOMMENDATION OF THIS PRELIMINARY PLAT.

IS THERE A SECOND? SECOND.

THE COMMISSIONER OZAR ARE THE QUESTIONS FOR THE COMMISSION MAKERS.

PRETTY STRAIGHTFORWARD.

UM, COMMISSIONER SPEAKING AGAIN.

OKAY.

MAKING FOR SPEAKING OF NEUTRAL.

I MISS YOUR SHOT, BUT AN UNMUTE PLEASE.

OKAY.

OKAY.

UH, JUST REAL QUICK.

UM, I THINK, UH, YOU KNOW, I DEFINITELY SUPPORT THE NEIGHBORHOOD AND LOOKING AFTER THEIR DEED RESTRICTIONS, BUT I THINK THEY'RE WITH THE HALF ACRE LOTS.

UH, IF THAT'S KIND OF THE AVERAGE, THEY'RE REALLY GETTING A GOOD DEAL ARE COMPARED TO WHAT MAKE, WAIT, WHAT COULD BE BUILT THERE NOW OR IN THE FUTURE.

SO I'LL BE SUPPORTING STAFF.

ANY OTHER, ANY OTHER COMMISSIONERS WANTING TO SPEAK OR AGAINST NEUTRAL? MISHA? SO, UM, I KNOW IT SOUNDS LIKE HALF ACRE IS LESS THAN YOUR DUE TO RESTRICTIONS, BUT THEY'RE ALSO DEDICATING, UM, PARKLAND TO IT.

SO IF YOU LOOK AT THE NET AMOUNT, WHETHER OR NOT IT'S FLOOD PLAIN OR NOT, IT'S STILL USABLE SPACE TO THE PUBLIC AND IT'S HANDS OF THE PUBLIC EXPERIENCE.

SO I THINK IN THE END IT'S A GOOD BALANCE.

UM, WE LOOK AT WHAT THE NEW CODE IS GOING TO BE DOING.

IT'S, IT'S EVEN MORE DENSE.

SO, UM, LIKE COMMISSIONER SHOULD ALL SAYS, UM, YOU KNOW, IT'S, IT'S, I THINK IT'S A GOOD, GOOD BALANCE.

ANY OTHER COMMISSIONERS OR AGAINST NEWCO KIND OF NEUTRAL IN THE SENSE OF, I HATE TO SEE AND TO EXTEND THAT ROAD EVEN FURTHER AND PUT MORE HOMES OUT THERE.

I THINK UNDER THE NEW CODE C BLOCK LINK, YOU'RE LIMITED HERE AND YOU WOULDN'T NECESSARILY BE ABLE TO DO THAT.

SOME MORE CONNECTIVITY.

UM, SO, UH, BUT THE CODE AS IT STANDS, I'M NOT SURE WE HAVE ANY OTHER CHOICE BUT TO PROVE SOMETHING THAT MEETS CODE.

GREAT.

THANK YOU.

UM, SO WE HAVE A MOTION BY MR SPEAKER SECOND BY COMMISSIONER AS ARE ALL THOSE IN FAVOR CAUSE YOUR GREEN ITEM ANY OPPOSED? OKAY.

THAT MOTION CARRIES UNANIMOUSLY.

COMMISSIONERS.

IT IS 10 37.

WE'RE GOING TO OUR LAST DISCUSSION ITEM, WHICH WOULD BE 23

[Item B23 (Part 2 of 3)]

RIGHT AWAY.

VACATION IS STAFF ON THE LINE.

IS MICHELLE SMITH ON THE LINE.

UM, SO WE'VE GOT A TON OF SPEAKERS ON JUST ONE COMMISSIONERS.

WE'RE GOING TO TAKE A FIVE MINUTE RECESS.

SURE.

YEAH.

IS THIS THE RESET THAT WE NEED JUST BECAUSE WE REALLY DO NEED TO STRETCH YOUR LEGS OR DO WE WANT TO KNOCK IT OFF? I'M GOING TO LEAVE THAT UP TO YOU.

WE CAN KNOCK IT OUT.

I SAID WE JUST GO TO OFFICERS.

[Item C1]

[03:55:02]

OKAY.

SO THAT'S NOT GOING TO LET YOU FIND CONVENTION OFFICERS.

UM, I WANT TO JUST REALLY QUICKLY SHARE THAT, YOU KNOW, I'VE GOT CERTAIN OBLIGATIONS COME UP AND, UM, I WOULD LOVE TO SEE, UH, VICE CHAIR.

KENNY, CAN I CHECK WITH THE CHAIR ROLE AND ME HAVE TALKED ABOUT CONTINUING TO SUPPORT HIM AS, AS VICE CHAIR.

I'M NOT GOING TO MAKE THAT FOR MYSELF, BUT I WILL UH, COMMISSIONER KENNY, IS THERE A SECOND, SECOND AND A SECOND.

SECOND.

OKAY.

LOTS OF SECONDS.

LET'S TAKE A VOTE ON PENNY.

ANY OPPOSED? THAT MOTION? CAN I MAKE A MOTION TO HAVE YOU SERVE AS OUR WIFE'S CHAIR LIKE THE SECOND AND THAT WAS CHAIRS.

MEETINGS, RIGHT.

HAVE YOU AROUND FOR A WHILE TOO TO HELP ME KIND OF GET THOSE I THINK WORKS WELL.

OKAY.

LET'S TAKE A VOTE.

ALL THOSE ITEMS. OKAY.

THAT MOTION OR FLORES FOR A PERIOD, UM, WHICH HAS DONE AN ABLE JOB AND CONTINUE TO SERVE.

OKAY.

I SEE YOU HAVEN'T HAD ANY RESTORE AS A SECOND TIME.

WE'VE GOT ONE MORE POSITION AND THAT'S THE PARLIAMENTARIAN.

ANY SELF NOMINATIONS OR YOU MISS YOUR SEAT IN HERE? UM, YEAH, I CAN CONTINUE SERVING.

UM, I'VE HAD OPPORTUNITY TO BE IN MANY DIFFERENT SHOES IN THE EXECUTIVE COMMITTEE, SO IF SOMEBODY WANTS TO HAVE AN OPPORTUNITY SHARE, IF NOT, THEN I WILL CONTINUE TO SERVE.

UM, I'LL NOMINATE YOU.

OKAY.

NOMINATED BY ALL THOSE IN FAVOR.

RAISE YOUR GREEN ITEM.

OKAY.

GREAT IDEA TO JUST KNOCK THIS OUT.

THAT WAS EASY.

OKAY.

OKAY.

BUT EVERYBODY MUTE IF THEY'RE NOT ACTIVELY SPEAKING.

UH, COMMISSION, UH, VICE CHAIR.

KENNY, WOULD YOU LIKE TO TAKE ON YOUR ROLE EARLY? I'M RECUSING FROM THIS ITEM ANYWAY, SO, UM, YEAH, UH, WE, I THINK THAT WAS ABOUT FIVE MINUTES.

UM, HAVE ALL SCHOOL HEAD AND MOVE ON SOME ITEMS FOR

[Item B23 (Part 3 of 3)]

ME.

THREE.

UM, WE HAVE MASHA SMITH FROM STAFF HERE AND UH, I KNOW I'M SHAY HAD TO STEP OUT A LITTLE BIT EARLY IN THE MORNING.

ANDREW, ARE YOU THERE PERSONALLY? HE'S ON ANDREW M THE ENGINEER.

JUST, JUST WANT TO LET YOU KNOW I'M ON THE LINE.

I DON'T THINK STAFF IS ON, I THINK YOU COULD SCREW IT UP.

THE STAFF HASN'T BEEN INFORMED OF THE ITEM.

UM, IF YOU WANT TO MOVE WITH THE APPLICANT'S PRESENTATION, WE'LL TRY TO GET A HOLD OF THE STAFF.

OKAY.

GO AHEAD AND DO THAT.

NO, YOU WOULDN'T GO AHEAD AND THERE'S ALL THE COLLARS.

GET READY, MAKE SURE TO TURN DOWN YOUR TUBINGS.

THOSE ARE THE ONES

[04:00:43]

AND KEEP TALKING TO THEM AND WE'LL GET YOU IN THE STAFF.

WE HAD THEM BEFORE, SO IT'S SOMETHING, YEAH.

HI.

SORRY, THIS IS MATT.

WHAT'S THE VILLAGE? UM, UH, I THINK I HAVE SOME PRETTY BAD DELAY ON MY END.

UM, IS IT JACK KENNEDY? DID YOU MEAN TO GET STAFF TO PULL UP THE BACK OF ITEM ON THE SCREEN? I DON'T HAVE THE ABILITY TO DO SO ON THE PHONE.

YEAH, WE HAVE AB STEP.

GO AHEAD AND FORWARD THE BACKUP THEN.

WE'LL, UH, NOT IF YOU WANT TO JUST GO AHEAD.

UM, OKAY.

SO, UH, I GUESS BEFORE THE ITEM IS PULLED UP, I JUST WANT TO GIVE A HIGH LEVEL, UH, THAT SOME OF YOU MIGHT REMEMBER SEEING THIS ITEM BEFORE A COUPLE OF MONTHS AGO.

UH, WE HAD THE PLANNING COMMISSION AND THE URBAN TRANSPORTATION, UM, COMMISSION ALSO APPROVED THESE ITEMS. UH, IT'S COMING BACK TODAY, UH, DUE TO SOME NOTIFICATION, UM, UH, HICCUPS ON, ON STAFF SIDE.

UH, BUT THE ITEM HAS HAVE REMAINED UNCHANGED.

ALL RIGHT.

DO YOU HAVE WORKFORCE? ARE YOU WAITING FOR THE BACKUP? SORRY, LET ME PICK UP WHERE I LEFT OFF.

SO THE ITEM REMAIN UNCHANGED.

WE ARE STILL ASKING FOR JUST A 10 FOOT OF A HALF ALLIE RIGHT AWAY.

THAT IS OFTEN, UH, BECAUSE IT'S THE TYNDALL PROPERTY PROJECT.

NEXT DOOR IS ALREADY VACAY ALMOST ALL OF IT.

AND THIS IS THE ONLY HALF ORPHAN THAT HAS NO CONNECTION BACK TO ANY, UH, PUBLIC STREET RIGHT AWAY.

THIS IS THE 10 FOOT STRIP OF, UH, RED, UH, ALLEY RIGHT AWAY THAT WILL BE VACATING, UH, LESS THAN A COUPLE OF HUNDRED SQUARE FEET.

UM, AND AS THE BACKUP MENTIONED, THIS WILL BE, UH, AN AFFORDABLE HOUSING PROJECT, UH, WHICH WE'RE NOT REALLY HERE TONIGHT TO SPEAK ABOUT THE PROJECT ITSELF.

SINCE IT IS APPROVED, SINCE IT MEET ALL OF THE CODE REQUIREMENTS, UH, AND UH, WILL BE APPROVED ADMINISTRATIVELY.

UH, REALLY THE ONLY ITEM BEING CONSIDERED IS THE ALLEY VACATION, UH, WHICH OTHER THAN MAKING THE BUILDING SLIGHTLY LONGER, IT DOESN'T REALLY HAVE ANY OTHER IMPACT.

WE ARE NOT SEEKING ANY OTHER CO-VARIANTS, UM, THAT IS NOT ALREADY GRANTED UNDER THE AFFORDABILITY AND LOCK ORDINANCE.

UM, SO WITHOUT GOING TOO MUCH FURTHER INTO THAT, UH, I THINK MARK FROM GNPC IS ON THE LINE SO YOU CAN SEE IF YOU WANT TO ADD ANYTHING ELSE IN THE CONTEXT OF THE PROJECT.

UH, BUT, UH, THE RIGHT OF WAY VACATION HAD BEEN APPROVED BY, UH, AMONG ALL THE OTHER DEPARTMENT IN THE CITY, THE FIRE DEPARTMENT AS WELL.

UH, AND THE SITE PLAN CASE HAS ALSO BEEN, UH, APPROVED BY THE FIRE DEPARTMENT AND ALL THE OTHER DEPARTMENT AS WELL.

OKAY.

UH, DO YOU NEED THE BACKUP WHERE WE'RE WAITING FOR MARK? IS THAT THAT MARK, ARE YOU IN THE LINE? YOU CAN ALSO HAVE HIM COME BACK IN ON THE REBUTTAL.

WE HAVE THE SPEAKERS LINED UP

[04:05:08]

DURING THAT WE ARE PARENTS.

WE DO HAVE A SPEAKERS, UM, BUT SOME MAY HAVE NOT CALLED IN.

HERE'S THE, WE HAVE A DELAY BETWEEN THE, UH, THE PHONE LINE AND THE VIDEO.

HOW DO WE KNOW IF WE'RE ON THE CALL OR NOT? YOU SIR, ARE, THANK YOU.

MMM, GO AHEAD AND JUST START CALLING AN ORDER.

UM, IS QUARRY LOU ON THE LEFT? YES.

I GO AHEAD IF IT'S THREE MINUTES.

IS THAT CORRECT? ANDREW? IT'S X.

GO AHEAD.

AND IT, THANK YOU.

UH, THANK YOU, UH, COMMISSION MEMBERS FOR YOUR TIME.

I KNOW IT'S LATE AND I APPRECIATE THE OPPORTUNITY TO SPEAK.

THIS IS MY FIRST TIME TAKING ONE OF THESE AND, UH, IT'S REALLY INTERESTING TO SEE HOW YOU GUYS HAVE BEEN ABLE TO DO THIS ONLINE, SO I REALLY APPRECIATE THE OPPORTUNITY.

UM, MY NAME IS COREY LOU, UH, GREW UP HERE IN AUSTIN, TEXAS, UH, BORN AND RAISED.

UM, UH, I HAVE SEEN THE CITY GROW SO RAPIDLY AND UH, AND IT'S JUST AMAZING HOW IT'S CHANGED.

AND OF COURSE THE PROBLEMS OF AFFORDABLE HOUSING, UM, I THINK ARE MONUMENTAL.

SO I, I, UH, RESPECT THE APPLICANT AND THE PROJECT, UH, THAT THEY'RE TRYING TO, UH, WHAT THEY'RE TRYING TO ACCOMPLISH WITH THE VACATION.

UH, AND, AND THE PROJECT WAS GOING TO BE THERE.

UM, THE CONCERN THAT I SEE WITH THE PROJECT IS THAT A FIRE SAFETY, UM, IF YOU LOOK AT THE BACKUP FOR WHAT TERRY MITCHELL IS FILED, IT HAS SOME PICTURES THERE.

AND, UH, I KNOW BECAUSE OF THE CORONER WIRES, WE HAVEN'T HAD AS MUCH TIME TO, TO, TO STUDY THIS, UH, ISSUE SINCE WE GOT THE NOTICE.

UM, BUT BASICALLY MY CONCERN IS IF YOU LOOK AT NINTH STREET, UM, IT IS A DEAD END DRIVE.

UH, IT DOESN'T CONNECT TO FRONTAGE ROAD THE WAY IT IS ON EXTREME.

AND SO THE ONLY WAY YOU'RE GOING TO BE ABLE TO GET TO THE PROPOSED, UH, STRUCTURE IS THROUGH NINTH STREET.

IF IN CASE THERE'S A FIRE EMERGENCY OR OTHER HEALTH EMERGENCIES.

I NOTICED IN ONE OF THE PREVIOUS CALLS, YOU KNOW, NOT ABOUT HAVING TO CALL THE SAC, SO THE FIRE TRUCKS TO BE ABLE TO TURN AROUND.

AND IN THIS CASE WE DON'T HAVE THAT.

IT'S JUST A DEAD END ON THAT NINTH STREET.

YOU'LL SEE THAT, UH, WE HAVE THE LOADING DOCK FOR THE TYNDALL.

I'M A RESIDENT OF A SIMPLE, BY THE WAY.

UM, AND SO, UH, YOU KNOW, IF SOMEONE'S MOVING IN, LIKE WHEN I, WHEN I MOVED INTO THE BUILDING, UH, WE BACKED OUR MOVING TRUCK IN THROUGH NINTH STREET.

THEY HAVE APPLIANCES DELIVERED AND I'VE SEEN IN THE APARTMENT BUILDING ACROSS ALSO MOVING TRUCKS THERE.

SO THERE'S OFTEN VEHICLES THERE AND I THINK THAT COULD POSE A HAZARD IF THERE IS AN EMERGENCY AT THIS NEW BUILDING AND, UH, YOU KNOW, FIRE TRUCK IS COMING AND TALKING ABOUT THE REACH IT AND THEY'RE NOT GOING TO BE ABLE TO REACH IT, CLIMBING UP THE HILL, UH, GOING UP BY 35.

AND SO I THINK THAT IS A SERIOUS CONCERN THAT I HAVE ABOUT IT.

UH, OBVIOUSLY ALSO BECAUSE THE BUILDING WILL BE CLOSER TO THE TYNDALL AS A RESIDENT, I DO HAVE CONCERNS ABOUT, UH, IF THERE WAS A FIRE THERE, WHETHER IT WOULD POSSIBLY COME OVER TO OUR BUILDING AS WELL.

UM, BUT I, I JUST, IF YOU LOOK AT THE LOCATION, UH, IT'S BASICALLY IN THE BACKYARD OF SINGLE FAMILY HOME AT THE END OF A DEAD END DRIVE.

UM, AND, UH, AT THE VERY LEAST, YOU KNOW, THE SPIRE CONCERNS WITH FIRE PROTECTION MANUAL, UH, SECTION 4.4 0.0 IS WHAT DEALS WITH, UH, UM, THE TURNAROUND AND AT LEAST LOOK INTO THESE ISSUES FURTHER, UH, AND BEFORE PROCEEDING WITH THIS.

UH, THANK YOU.

APPRECIATE THE OPPORTUNITY.

GREAT.

THANK YOU.

UM, THE UH, WORLD JOHNSON LEVEL.

YES.

I'M HERE.

CAN YOU HEAR ME OKAY? YES, MR. JOHNSON, YOUR MINUTES.

WONDERFUL.

THANK YOU SO MUCH.

THANK YOU COMMISSIONERS FOR AGREEING TO MEET WITH US.

I REALLY APPRECIATE IT TOO.

AND TO ECHO WHAT CORY SAID, I KNOW IT'S VERY LATE AND I APPRECIATE YOU HEARING EVERYONE OUT.

UM, AND I ALSO AGREE WITH WHERE COREY STARTED, WHICH WAS, I THINK WE ALL AGREE THAT AFFORDABLE HOUSING IN THE CITY OF AUSTIN IS ABSOLUTELY FOREFRONT FOR, UH, THE ISSUES THAT WE NEED TO TACKLE AS A CITY GOING FORWARD.

UH, I DON'T THINK ANYONE WOULD DISPUTE THAT.

UM, WHERE I THINK, UH, I HAVE MY CONCERNS THOUGH, IS THAT THE AFFORDABLE HOUSING UNITS SHOULD NOT COME AT THE EXPENSE OF SAFETY.

I DON'T WANT TO, UH, HAVE AFFORDABLE HOUSING BEING SYNONYMOUS WITH UNSAFE.

UH, AND TO ILLUSTRATE THIS POINT, I'LL TELL A VERY BRIEF STORY.

A FRIEND OF MINE LIVES IN SOUTH AUSTIN, SPECIFICALLY AT OAK RUN APARTMENTS.

IT'S NEAR BEN WHITE BOULEVARD.

IT'S A SERIES OF APARTMENT UNITS THAT ARE SORT OF TWO STORY BUILDINGS ALL SEPARATE FROM EACH OTHER.

AND RIGHT NEXT TO THAT THERE'S A CONDOMINIUMS BUILDING BEING BUILT.

IT'S A CONSTRUCTION SITE STILL.

AND UM, HE LIVED, YOU KNOW, PROBABLY SOMEWHERE CLOSE TO 50

[04:10:01]

TO 60 FEET AWAY FROM THE CONSTRUCTION SITE.

NOW ON THURSDAY, SEPTEMBER 19TH, UH, LAST YEAR AT ABOUT 3:00 AM THAT CONSTRUCTION SITE CAUGHT FIRE.

AND WHEN IT DID, THE FLAMES WERE SO HIGH, YOU COULD SEE THEM FROM DOWNTOWN ALL THE WAY FROM BEN WHITE BOULEVARD.

UM, MY FRIEND WAS VERY LUCKY.

UH, THE ONLY THINGS THAT HAPPENED TO HIM WAS THE FIRE DEPARTMENT KICKING IN HIS DOOR SONG IN A CEILING HOLE AND MAKING SURE THAT IT'S, UH, INSULATION DIDN'T CATCH FIRE.

AND THEN, UH, HIS CAR ALSO CAUGHT FIRE.

SO HIS NEIGHBORS WERE NOT SO LUCKY.

THEY LOST THEIR HOMES, THEIR BELONGINGS, AND THEIR CARS.

UM, AND KEEP IN MIND, THIS WAS A DISTANCE OF SOMEWHERE BETWEEN 40 TO 50 FEET BETWEEN THE CONSTRUCTION SITE AND THEIR HOMES.

THIS PARTICULAR, UH, UNIT OR THIS PARTICULAR, UM, BUILDING AND IT'S BEING PROPOSED HERE WITH THIS VACATION HERE IS GOING TO BE HALF THE DISTANCE TO THE BUILDING THAT, UM, BUT COREY AND I CURRENTLY RESIDENT, UH, RESIDE IN AND, UH, IT'S GOING TO BE TWICE AS TALL AT SEVEN STORIES IN THE BACKYARD OF A SINGLE FAMILY HOME THAT, UH, APPARENTLY IT'S GOING TO BE FOR, UM, SENIOR CITIZENS AS WELL.

AND AGAIN, WE'RE ALL FOR SENIOR CITIZEN AFFORDABLE HOUSING UNITS, BUT I DON'T THINK THAT HAVING, UH, A SEVEN STORY TOWER IN THE BACKYARD OF THIS UNIT IS BY ANY MEANS SAFE.

UH, SO I'VE GOT MY CONCERNS THAT, UH, WHAT MY FRIEND WAS GOING THROUGH.

HE HAD TO STAY SEVERAL NIGHTS WITH ME HERE.

UM, I DON'T WANT TO LIVE THROUGH THAT AS WELL.

UH, GIVEN THAT THIS IS AN OPPORTUNITY FOR US TO GET IN THE WAY OF THAT.

SO, UM, I THINK THE RESOURCES THAT ARE BEING DEDICATED THROUGH THE GMDC AND I APPRECIATE EVERYTHING MARK DOES FOR THEIR, UH, THE COMMUNITY.

ABSOLUTELY.

UM, HE'S, UH, HE AND THE GMDC HAVE DONE PHENOMENAL WORK ON PROVIDING MORE OPTIONS FOR, UH, LOW INCOME HOUSING.

BUT THIS PARTICULAR UNIT OR THIS PARTICULAR, UM, PROPOSAL IS SO SMALL AND SO TALL AT THE SAME TIME THAT IT PROVIDES, UH, NO ACCESS TO, UH, FIRE AND SAFETY AND EMS, UH, THAT WOULD BE NECESSARY FOR ANYONE TO LIVE SAFELY HERE.

AND BY THE WAY, THAT .

OKAY.

I THANK YOU SO MUCH FOR YOUR TIME AND I APPRECIATE IT.

THANK YOU.

WE HAVE BAMBI KAMINSKI ON THE PHONE.

SPEED.

YEAH, WE HAVE DANIEL VINYASA ON THE CLUB.

DANIEL VENYARD UH, JOHN , JOHN MILLER, UH, I'VE DONE MILLER WITH THE NINE OH FOUR AREA CODE.

IS THAT NEW? OKAY.

NO, DON MORROW, WE'LL GET TO YOU MR. MORROW.

UM, WE HAVE KEVIN DUNLOP ON THE WALL.

UH, YES, I'M HERE.

GO AHEAD MR. DUNLAP.

YOU HEARING MINUTES? OKAY, THANK YOU.

HELLO EVERYONE.

FIRST, FIRST OF ALL, I'D LIKE TO THANK YOU ALL FOR THE OPPORTUNITY TO SPEAK UP.

MY NAME IS KEVIN DUNLAP, MY WIFE AND I LIVE AT THE TYNDALL.

I'M SPEAKING TODAY OUT OF CONCERN FOR THE SAFETY OF ETERNAL COMMUNITY.

UM, AFFORDABLE HOUSING IS DEFINITELY A FANTASTIC, UH, EFFORT AND INITIATIVE, BUT IT SHOULDN'T CREATE AN UNSAFE ENVIRONMENT.

SO I UNDERSTAND THE SEVEN STORY BUILDING IS PLANNED TO BE BUILT 15 FEET AWAY FROM POTENTIAL PROPERTY WHERE WE LIVE FOR FOOTBALL FANS OUT THERE.

THAT'S, THAT'S HALFWAY TO A FIRST DOWN FOR BASKETBALL FANS.

THAT'S THE DISTANCE FREE-THROW.

ULTIMATELY THAT'S NOT VERY FAR.

TO ME IT SEEMS LIKE A VERY UNSAFE DISTANCE IF THERE WERE TO BE A FIRE AT EITHER PROPERTY.

AND JUST LOOKING AT STATISTICS ON GOOGLE, I'M LOOKING AT, YOU KNOW, A SAFE AMERICA, PEOPLE BETWEEN 65 AND 74 ARE NEARLY TWICE AS LIKELY TO DIE IN A FIRE, 75, 84, FOUR TIMES AS LIKELY TO DIE TO FIRE 85 AND OLDER FIVE TIMES AS LIKELY TO DIE IN A FIRE.

YOU LOOK AT THE REASONS, UM, CARELESS SMOKING, VIDEO EQUIPMENT, COOKING, THERE'S ALL KINDS OF REASONS WHY THERE MIGHT BE FIRE RISK AT A PROPERTY.

UH, YOU KNOW, ESPECIALLY PROPERTY LIKE THE ONE THAT'S BEING PROPOSED.

ADDITIONALLY, THIS BUILDING'S PROPOSES A DEAD END, VERY LIMITED ACCESS TO ANY EMERGENCY SERVICES, NOT JUST NOT JUST A FIRE TRUCK AT THAT PART OF NINTH STREET AND THE SUBSEQUENT ALLEY, UH, WOULD NOT PROVIDE ENOUGH ROOM FOR A FIRE TRUCK TO MANEUVER EFFECTIVELY TO ADDRESS A FIRE.

SO, YOU KNOW, IT'S VERY INTERESTING TO SEE, YOU KNOW, EVEN IF THE VACATION HAPPENS, UH, WE UNDERSTAND THAT THE HILL HAS TOO HIGH A OF

[04:15:01]

A GRADIENT FOR, FOR A FIRETRUCK LIKE THIS, YOU CAN GET UP.

BUT ULTIMATELY THE STATEMENT IS A SEVEN STORY BUILDING.

A TOWER SHOULD NOT EXIST IN THE BACKYARD OF THE SINGLE FAMILY HOME ON A DEAD END STREET.

SO WE REQUEST YOU VOTE NO ON THE VACATION.

THANK YOU.

I THINK YOU'RE MUTED.

GONNA BE A HECK OF A TIME FOR MY COMPUTER TO CRASH EXCEL.

UM, LET'S SEE.

UH, WE HAVE, UM, CYNTHIA NELSON.

GOOD EVENING.

THANK YOU FOR ALLOWING ME THE OPPORTUNITY TO SPEAK TONIGHT.

HI.

UM, MY NAME'S CYNTHIA NELSON.

I'M THE GENERAL MANAGER OVER THE TIMBREL CONDOMINIUMS AND REALLY I ECHO THE SENTIMENTS OF THE RESIDENTS OF THE BUILDING.

BUT ON BEHALF OF THE HOMEOWNERS ASSOCIATION AND THE 182 UNITS THAT FORM OUR COMMUNITY, WE STRONGLY OBJECT TO THE VACATION OF THE 20 FOOT WIDE TRACT OF LAND.

AND THERE'S THE ALLEY OF EAST EIGHTH STREET, UM, REQUESTED FOR THE VACATION.

UM, JUST TO TOUCH ON A FEW POINTS, OBVIOUSLY SAFETY IS A BIG CONCERN AND EVERYBODY DOES FEEL COMPASSIONATE AND UNDERSTANDS THE NEED FOR AFFORDABLE HOUSING.

ALTHOUGH IT, IT SEEMS TO BE DIFFICULT TO SQUARE THE GAIN FROM 24 RESIDENTS OR UNITS THAT WOULD BE POTENTIALLY IN A VULNERABLE AREA.

ARE WE VULNERABLE? UM, I'M SORRY.

IT'S REALLY, IT'S, IT'S BEEN AN EXTRAORDINARILY LONG CALL.

MY, MY WORDS ARE NOT COMING TO ME EASILY, BUT TO HAVE THE COST AND THE RISK INVOLVED SEEMS TO BE OUT, IT SEEMS TO OUTWEIGH THE BENEFIT POTENTIALLY OF HAVING 24 UNITS.

UM, THE TINEL CONDOMINIUMS, IF YOU'RE FAMILIAR WITH THE WAY IT'S LAID OUT, BUT THEY'RE ADJACENT TO THIS ALLEY THAT'S BEING DISCUSSED.

UM, AND IT'S NOT, UM, YOU KNOW, THIS ALLEY GOES BEHIND THAT LITTLE HISTORIC BLUE HOME.

UM, AND REALLY WOULD CREATE A RISKY AND DANGEROUS HAZARD TO THE FUTURE RESIDENTS OF THE TOWER, BUT ALSO TO THE RESIDENTS OF THE BUILDING AND ALSO TO AUSTIN'S FIRST RESPONDERS WHO UNDOUBTEDLY WOULD HAVE TO GO THERE PROBABLY REGULARLY.

UM, THEY'VE ALREADY MENTALLY, I'M SORRY, GO AHEAD.

I'M SORRY.

I'M SORRY TO INTERRUPT YOU, BUT WE CAN DO TO EXTEND THE MEETING.

THIS WAS NOT SOMETHING YOU CAN HOLD ON JUST A SECOND.

DO I HAVE A MOTION TO EXTEND TO 11? JUST FLOWING.

I'LL MAKE A MOTION ON FAVOR.

HOLD UP SOMETHING GREEN.

THERE WE GO.

THAT'S UNANIMOUS.

ALL RIGHT.

UM, THANK YOU.

SO THANK YOU.

THANK YOU.

I'LL TRY TO BE EFFICIENT.

UM, SO THE SITE, THE SITE CONFIGURATION BEHIND THE HISTORIC HOUSE AT THE END OF THE DEAD END STREET ARE STEEP HILL WITH NO ACCESS TO UNDOUBTEDLY WOULD HAVE INADEQUATE EMERGENCY AND FIRE AND FIRE, UM, ACCESS.

AND YOU HAVE TO BE CONCERNED ABOUT THE FIRE STRUCTURE JUMPING FROM THAT SITE TO THE TENDON OR FROM THE TINDALL TO THAT SITE AND THE IMPACT THAT COULD HAVE ON THE, ON THE RESIDENT, THE TYNDALL, BUT ALSO ON THE VULNERABLE ELDERLY POPULATION THAT WOULD BE RESIDING IN THAT HOME OR ARE IN THAT FACILITY.

I MEAN I CERTAINLY WOULDN'T WANT MY MOTHER TO BE LIVING THERE.

OBESE, SCARED TO DEATH OF THAT.

UM, AND BEYOND THAT, AS SOMEONE WHO WORKS IN THE, IN THAT BUILDING AT THE TYNDALL DAILY, WE PUT OUR TRASH DUMPSTERS OUT.

THAT'S THAT AREA IS WHERE WE HAVE OUR, OUR MOVING TRUCKS COMING IN AND OUT OF THE BUILDING.

AND WE'RE REGULARLY INTERACTING WITH THE MANY, MANY CARS THAT PARK ON NINTH STREET BECAUSE STREET PARKING IS SO LIMITED.

IT'S A VERY CROWDED AND CONGESTED AREA.

AND THE IDEA THAT SAFETY VEHICLES CAN COME IN AND OUT OF THERE EASILY TO SERVE THAT AREA IN THE WAY THAT NEEDED TO BE IS UNREALISTIC.

SO WE REALLY ASK YOU TO MOVE ON TO THE NEXT SPEAKER.

THANK YOU.

JEFFREY.

JEROME .

YEAH, WE HAVE MARK SHEPHERD OR SHEPHERD PATRICK SULLIVAN.

PATRICK SULLIVAN.

IS HANNAH SIERRA THERE.

OKAY, I'M HERE.

GO AHEAD.

YOU HAVE THREE MINUTES.

[04:20:02]

THANK YOU.

HI EVERYBODY.

MY NAME IS JANICE SIERRA.

I'M ALSO A RESIDENT OF THE TYNDALL CONDOS.

I'M LIKE ANOTHER RESIDENT.

I GREW UP IN OPPOSITE HERE FOR OVER 25 YEARS.

UM, I WANT TO FIRST JUST GIVE YOU GUYS A HUGE THANK YOU FOR THE OPPORTUNITY TO SPEAK BEFORE THE COMMISSIONERS.

UM, AND THEN ALSO STRESS ON SOME OF THE SAFETY CONCERNS AND WHY THE COMMISSIONER SHOULD NOT APPROVE THE VACATION OF THE ALLEYWAY.

RIGHT.

MANY OF SIDES.

THE PROPOSED SEVEN STORY BUILDING WILL BE ONLY FIVE FEET FROM THE PROPERTY LINE AND 15 FEET PORCH AND 15 FEET FROM PORTIONS OF THE KENDALL.

UM, THERE'S THREE REASONS WHY THIS POSES A SAFETY CONCERN.

THE FIRST BEING AN INCREASE IN LIKELIHOOD OF THE FIRE STRUCTURE JUMPING, WHICH OTHERS HAVE MENTIONED.

THE SECOND IS DURING CONSTRUCTION CREATES FALL HAZARDS, UM, THAT POSE A RISK FOR BOTH PEOPLE AT THE TENDRIL AND ALSO, UM, THOSE THAT ARE AMONGST THE COMMUNITY.

AND FINALLY, THE BIGGEST, UH, POSE FOR CONCERN IS THE EMERGENCY SERVICES ACCESS.

LIKE MOST HAVE SAID, NINTH STREET IS JUST MAJORLY, UM, THERE'S VERY LIMITED ACCESS IN AND OUT OF THE BUILDING, ESPECIALLY IF RESIDENTS PLANS, YOU KNOW, POTENTIALLY, UH, TO HAVE SPECIAL MOBILITY CHALLENGES, WHICH SOUNDS LIKE IT WILL BE THE CASE SINCE THE PROJECT IS PROPOSED TO BE SENIOR HOUSING.

UM, SO THIS, UH, IN THE EVENT OF AN EMERGENCY, THE STREET IS VERY NARROW.

IT'S DEAD ENDED AS MANY UPSIDES.

THE TURNING RADIUS IS NONEXISTENT.

ADDITIONALLY, THE ROAD IS TYPICALLY PACKED WITH PARKED CARS NEAR THE AMBERLEY AS THE EMILY IS ALSO A NEIGHBORING RESIDENCE.

UM, WITH LIMITED PARKING.

WE'VE GOT SOME DUMPSTERS OUT THERE, DELIVERY TRUCKS, WE'VE GOT OUR FREIGHT SIDE OF THE BUILDING AS OTHERS HAVE MENTIONED.

AND UM, I ALSO JUST WANT TO MAKE SURE THAT, UM, TO, TO GET ACROSS THE POINT THAT IT'S REALLY IMPORTANT THAT IN THE CITY OF AUSTIN, SINGLE FAMILY HOMES THAT WE, WE PROTECT THEM AND WE DON'T ALLOW TOWERS TO BE BUILT IN THE BACKYARD WOULD BE SINGLE FAMILY HOMES AND HISTORIC ONES THAT, THAT.

UM, SO BECAUSE OF MY CONCERNS OVER, YOU KNOW, THE AFOREMENTIONED FIRE STRUCTURE, UM, JUMPING AND EMERGENCY SERVICE, UM, I THINK THERE'S THIS POSES THREAT TO NOT JUST THE TYNDALL RESIDENTS BUT ALSO THE FUTURE RESIDENTS OF THE TOWN, OF THE TOWER, THE UM, THOSE THAT LIVE IN THE SINGLE FAMILY HOME, UH, ADJACENT TO OUR WATT AND THEN ALSO THE EMILY ACROSS THE STREET.

UM, I DO WANT TO SUPPORT AFFORDABLE HOUSING BUT INSISTED IT BE SAFE.

AND FROM EVERYTHING THAT I FOUND THROUGH RESEARCH AND THROUGH OTHER'S TESTIMONIES, IT JUST SOUNDS LIKE THERE'S NO POSSIBLE REASONABLE WAY THAT THIS CAN BE A SAFE PROJECT AS IT'S CURRENTLY BEING PROPOSED.

UM, SO FINALLY I JUST WANT TO REQUEST YOU ABOUT KNOWING THE VACATION OF THE HOLIDAYS.

THANK YOU.

SURE.

YOU'RE MUTED.

PROMISE.

THIS WON'T BE A TREND.

CHRISTOPHER CURTIS, JUST REFER TO SEE YOU.

THERE IS VINCENT FAN THERE AND SOME FAM.

CAROLINE, DO YOU WRITE YEAH.

OH, WE'RE HERE.

OKAY.

IS THAT, IS THAT JUSTIN DOING? YEAH.

YEAH.

OKAY.

UH, CAROLYN FOR THREE MINUTES AND THEN JUSTIN FOR GRIEVANCE.

OH, LOT.

I'LL BE SPEAKING ON BEHALF OF BOTH OF US.

OKAY, GO AHEAD.

GOOD EVENING PLANNING COMMISSION MEMBERS.

UH, WE ARE JUSTIN AND CAROLINE DO AND WE ARE CONCERNED RESIDENTS AT THE TYNDALL.

WE OBJECT TO THE PROPOSED ALLIE VACATION BECAUSE IT WOULD PAVE THE WAY FOR BUILDING THE LOPEZ PROJECT WITH THE CURRENT PLANS.

THE LOPEZ PROJECT LACKS TWO THINGS.

GREEN SPACE AND ADEQUATE SPACE.

LOPEZ PROJECT LACKED THE NECESSARY GREEN SPACE.

AND SO THIS IS KIND OF A CENTRAL BECAUSE ONE OF THE GREAT THINGS, AUSTIN IS THE AMOUNT OF OUTSIDE SPACE WE HAVE OUTSIDE THE GREEN SPACE ALLOWS AUSTINITES TO KEEP A HEALTHY MIND AND HEALTHY BODY.

HOWEVER, THE LOPEZ PROJECT HAS NO DESIGNATED GREEN SPACE.

THE OLDER RESIDENTS DO NOT HAVE THE NECESSARY GREEN AREAS TO MAINTAIN THEIR HEALTH MENTALLY AND PHYSICALLY.

IT'S UNREASONABLE TO ASSUME THAT OLDER RESIDENTS CAN WALK OUTSIDE DUE TO THE DECREASING AND LIMITED MOTOR ABILITIES.

I THINK IF KOBE 19 HAS TAUGHT US ANYTHING, IT'S TRULY TAUGHT US THE IMPORTANCE OF GOING OUTSIDE TO MAINTAIN HEALTH.

NOW I'M SURE THAT YOU MEMBERS OF THE PLANNING COMMISSION CAN RELATE TO THAT.

NEXT THE LOPEZ PROJECT WOULD HAVE LIMITED SPACE FOR MEDICAL SERVICES.

AND SO THIS DOESN'T NECESSARILY HAVE TO MEAN EMERGENCY SERVICES, BUT BECAUSE IT'S MET, THE BUILDING IS MEANT FOR OLDER CITIZENS, ESSENTIAL WORKERS LIKE NURSES AND DOCTORS WOULD NEED EASY ACCESS POINTS

[04:25:01]

TO PROVIDE NECESSARY CARE FOR THESE RESIDENTS.

AND SO THERE'S LIMITED PARKING SPACE ON NINTH STREET AND THEIR PROPOSED UNDERGROUND GARAGE FOR THE LOPEZ PROJECT DOES NOT PROVIDE AN ADEQUATE NUMBER OF SPACES FOR CENTRAL CARE WORKERS TO PARK THEIR CARS.

WE WANT TO REITERATE THAT WE ARE NOT AGAINST AFFORDABLE HOUSING.

IN FACT, WE ADMIRE THE COMMISSION FOR CONSIDERING A PROJECT THAT'S NOBLE INTENTION.

HOWEVER, WE BELIEVE THAT THE LOPEZ PROJECT IS NOT THE BEST USE OF SPACE RESOURCES THIS TIME.

WE URGE THE COMMISSION TO RECONSIDER THE PROPOSED VALLEY.

ALLIE VACATION FOR THE LOPEZ PROJECT.

THANK YOU.

THANK YOU.

IS DYLAN THERE? I'M READY.

DYLAN I'M JERMAINE WILLIAMS. YES, JERMAINE IS HERE.

OKAY, GO AHEAD.

YEAH, THREE MINUTES.

THANK YOU VERY MUCH.

AND I WANT TO THANK THE COMMISSION, UM, FOR LETTING EVERYONE SPEAK.

I AM ALSO A TENDER RESIDENT, BUT I'M ALSO A PHARMACIST AS A PHARMACIST.

AND A HEALTHCARE WORKER IN MY JOB EVERY DAY.

I ADVOCATE FOR LOW INCOME ADULTS, ESPECIALLY THOSE WITH DISABILITIES, WHETHER IT BE DEMENTIA, INTELLECTUAL DISABILITY, SO I KNOW WHAT A LOT OF PEOPLE NEED THAT AREN'T NECESSARILY PUT TOGETHER AND BUILDING CODES AND WHAT YOU CAN SEE ON A PIECE OF PAPER.

AND SO WITH THAT STATED, MY FIRST CONCERN WITH NOT ONLY MY OWN SELF, BUT THEN THE SPACE IS OTHERS IS THE SAFETY AND THE SENIORS THAT LIVE THERE AND THE TYNDALL RESIDENTS.

WE ALL DESERVE SAFETY.

AND THIS WAS LIMIT, NOT NECESSARILY THE TIMBALES ABILITY, BUT IT WOULD LIMIT SIGNIFICANTLY THOSE IN THE LOPEZ TOWER, THE ACCESS TO EMS, THE ACCESS TO HOME HEALTH CARE THAT WAS PREVIOUSLY MENTIONED VISITING PHYSICIANS, THEY CAN'T COME IN, THEY CAN'T PARK, THERE'S NOTHING FOR THEM TO DO.

SO IT'S GOING TO THEM HAVE VERY LITTLE ACCESS TO CARE, ESPECIALLY BECAUSE METRO METRO ROUTES DON'T NECESSARILY COME VERY CLOSE AT ALL TO OUR, TO OUR AREA.

AND THEN ALSO THERE'S ONLY ONE ESCAPE ROUTE IN THE CASE OF A FIRE THAT'S BEEN PROPOSED.

NOW EVERYONE'S ALREADY MENTIONED THAT THERE'S VERY LIMITED SPACE.

SO IF THE EMS CAN'T GET TO, CAN'T GET CLOSE ENOUGH TO THE BUILDING, THEN WHAT'S BEEN PROPOSED IS THAT THEY PARK ON EITHER 35 FRONTAGE ROAD AND I DON'T KNOW IF YOU GUYS HAVE SEEN THE SITE OR THEME ENOUGH PICTURES OF IT, BUT THERE'S A 25 FOOT CLIMB UP A HILL.

SO CARTING A STRETCHER UP THERE, CARDING A STRETCHER DOWN.

THAT'S ALL VALUABLE TIME WHEN YOUR LOVED ONE POTENTIALLY IS GOING WITHOUT ANY OXYGEN TO THEIR BRAIN OR THEIR HEART.

AND WHEN I WANT TO ASK THE COMMISSION IS HOW MUCH OF A DELAY IN EMERGENCY SERVICES IS, ARE YOU GUYS WILLING TO ACCEPT? HOW MUCH RESPONSIBILITY IS THE COMMITTEE AND HELMETS THE RESPONSIBILITY IS THE GUADALUPE NEIGHBORHOOD DEVELOPMENT CORPORATION GOING TO ACCEPT IN TERMS OF THE DELAY THAT'S POTENTIALLY IN CARE AND A LIFE SAVING OR LIFE THREATENING SITUATION.

OKAY.

AND ALSO LASTLY, OF COURSE I'M CONCERNED ABOUT MY OWN SAFETY AND IF FIRE COMES FROM, FROM THIS TOWER OR EVEN FROM THE SINGLE DWELLING HOME WHERE THERE'S GOING TO BE MORE AMENITIES, THEN THAT'S GOING TO BE A HUGE ISSUE.

I'M NOT THREATENED BY VACATION OF AN ALLEY EXCEPT FOR THE FACT THAT ONCE THE ALLEY IS VACATED, ALL OF THESE OTHER THINGS ARE GONNA HAPPEN AND THAT'S NO LONGER GOING TO BE A DRIVEWAY.

IT'S GOING TO BE A SOURCE OF LONGSTANDING RISK, NOT ONLY FOR MYSELF, THE OTHER HINDLE RESIDENTS, BUT ALSO THE RESIDENTS OF THE LOGO'S TOWER.

THE PLEASE RECONSIDER AND VOTE NO ON THE VACATION OF THIS ALLEYWAY.

YES, I AM.

UH, THANK YOU.

CAN I BEGIN? YES.

OKAY.

THANK YOU SO MUCH.

THANK YOU.

COMMISSION MEMBERS.

I WILL BE EXTREMELY BRIEF SINCE EVERYTHING IS PRETTY MUCH BEING SAID.

I JUST WANT TO READ THROUGH RATED ONE MORE TIME.

UH, I'M A RESIDENT OF THE TYNDALL AND IT BEING ALL SPIN FOR MANY YEARS.

UM, I WOULD LIKE TO PREFORM MY STRONG OBJECTIONS TOWARDS THE VACATION OF THE ALLEYWAY AND ALSO THE SUBSEQUENT BUILDING OF AN OFFICE TOWER AS A, AS A RESULT OF THE TYNDALL IN PART A RESIDENT OF ALLSTON.

I'M COMMITTED TO THE CAUSE OF AFFORDABLE HOUSING, BUT IT SHOULD BE PROVIDING A SAFE AND SECURE WAY FOR EVERYONE.

THE PROPOSED SEVEN STORY BUILDING WILL ONLY BE FIVE FEET FROM THE PROPERTY LINE AND IT'S BROKE AND IT'S BUILT, IT WILL BECOME A FIRE HAZARD FOR TIMO RESIDENTS.

RESIDENTS OF THE AMI BUILDING NEARBY, THE RESIDENTS OF THE HISTORIAN LOST ITS VILLA THAT WAS ALREADY BURNED DOWN IN THE PAST AND THAT SHOULD BE REBUILT AND THE FUTURE WASN'T OF THE LOVE OF SALVAGE.

[04:30:01]

UH, I URGE YOU TO VOTE NO ON THE VACATION OF THE HOLLYWAY FOR EVERYONE'S SAFETY AND THANK YOU FOR YOUR TIME.

THANK YOU.

AS ROBERTA IS GEARED OVER THERE, ROBERTO IS GEARED UP, UH, DON MORROW.

NOW'S YOUR TIME.

YAY.

THANKS.

RIGHT.

THANK YOU FOR ALLOWING ME TO EXPRESS MY CONCERNS RELATED TO THE VACATION OF THIS ALLEYWAY.

UM, I'M AGAINST THIS AND I WOULD ASK YOU TO VOTE NO, I'M AN OWNER OF A UNIT AND THE TYNDALL CONDOMINIUM I OWN UNIT NUMBER FOUR 19, WHICH IS A CORNER UNIT FACING TO THE NORTHWEST.

I HAVE SERIOUS CONCERNS ABOUT MY FAMILY'S SAFETY.

IF YOU VOTE TO VACATE THIS HOURLY, THERE CURRENTLY PLANS FILES TO ALLOW FOR THE CONSTRUCTION OF A SEVEN STORY BUILDING ON THE LOPEZ PROPERTY CONTINGENT TO THIS ALLEY BEING CONTINGENT UPON THIS ALLEY BEING VACATED.

THE LOPEZ PROPERTY'S LOCATED ON A DEAD END, NON CALLED A SEC STREET WAS ONLY 40 FEET OF STREET FRONTAGE.

THE LOPEZ BUILDING AND THE TIMBER BUILDING WILL BE WITHIN 15 FEET OF EACH OTHER WITH A FIREWALL BETWEEN THE TWO SO THAT IN THE EVENT OF A FIRE A FARMER WOULD HAVE TO NAVIGATE THE WALL IF THE FIRE JUMPS BETWEEN THE TWO BUILDINGS.

IF THE SECOND BUILDING IS BUILT, THE SIZE OF THE STREET WILL NOT ALLOW ENOUGH ACCESS TO PROPERLY DEAL WITH AN EMERGENCY AT EITHER BUILDING.

THERE'S ONLY 40 FEET OF STREET FRONTAGE ON THAT DEAD END.

NON CALLED A SECOND STREET WITH 15 FEET OF CLEARANCE BETWEEN A FIVE STORY AND A SEVEN STORY BUILDING.

THIS IS A RECIPE FOR DISASTER.

DISASTERS DO HAPPEN.

IN 1982 MY LAW OFFICE BURNED TO THE GROUND IN 2017 MY COUSIN GARY MORROW, WHO LIVES IN THE HOUSE DIRECTLY BEHIND MINE, HAD A HOUSE FIRE AT HIS HOUSE WHICH WAS CONFINED TO HIS CHIMNEY FIRETRUCKS FROM FIRE STATIONS.

NUMBER TWO, THREE FOUR 10 14 AND 19 DISPATCH, SIX FIRE TRUCKS TO THAT FIRE AND THAT WAS A TWO STORY RESIDENTIAL STRUCTURE WITH A CHIMNEY FIRE.

THE HOUSE NEXT DOOR TO ME HAD AN ELECTRICAL TRANSMISSION FIRE IN THEIR BACKYARD, WHICH NEVER REACHED A STRUCTURE, BUT TWO FIRE TRUCKS WERE, WERE DID RESPOND TO THAT.

WHEN AN EMS CREW IS DISPATCHED, THERE'S ALWAYS A FIRE TRUCK AND AN AMBULANCE.

HOW MANY FIRETRUCKS DO YOU THINK IT WOULD TAKE TO BE ABLE TO PUT OUT A FIRE AT A HIGH RISE CONDOMINIUM? THERE'S SIMPLY NO PLACE AND THERE'S 40 FOOT STRIP OF DEAD END STREET FOR THESE EMERGENCY VEHICLES TO GO.

THEY DON'T HAVE THE CAPACITY TO PUT OUT THE FIRE BECAUSE OF THAT.

ADD TO THIS, THE MIX OF THE ANNOUNCED EXPANSION OF ICE 35 WHERE WE DON'T YET HAVE A DESIGN, A PLAN, A BLUEPRINT OR A FOOTPRINT AGREED TO OR EVEN REALLY PROPOSED AUSTIN VACATE THIS ALLEY AND THEN BUYS THE BACK THE RIGHT OF WAY A YEAR LATER.

OKAY.

UH, BEFORE WE GO INTO MISS LYDIA CLAY, WE ARE UM, UP FOR ANOTHER FOUR MINUTES.

I WOULD HOPE THAT WE COULD MAYBE GET THIS THING DONE.

UM, UH, FOR MY 11TH, I'LL MAKE A MOTION TO EXTEND TO 1140 SECOND BY COMMISSIONER SEGER.

ALL RIGHT.

UM, CLAY ARE YOU THERE? I AM.

GOOD EVENING COMMISSIONER AND THANK YOU FOR WELCOMING US INTO YOUR HOME.

IT'S PAST MY BEDTIME SO I WILL DO MY BEST TO MAKE THIS QUICK ON THE DEVELOPMENT TEAM.

I'M ALSO THE OWNER OF UNIT FIVE 26 WHICH FACES SOUTH.

MY VIEW WOULD IN NO WAY BE IMPACTED BY THE PROPOSED LOPEZ TOWER, BUT I AM ONE OF THE HUNDREDS OF RESIDENTS WHO WOULD HAVE THEIR SAFETY JEOPARDIZED BY THIS DEVELOPMENT.

AND I IS THE VERY FIRST TIME I AM SPEAKING IN OPPOSITION TO ANY PROJECT BEFORE THE COMMISSION.

MANY OF YOU KNOW ME AS A STAUNCH ADVOCATE FOR DENSITY AND AFFORDABLE HOUSING AND I'VE WORKED TO BUILD AND DEVELOP BOTH.

SO THIS IS QUITE THE UNUSUAL CIRCUMSTANCE, THIS PROJECT.

SO WE ARE ALL CLEAR WHAT ALLOW A SEVEN STORY TOWER TO BE BUILT IN THE BACKYARD OF A SINGLE FAMILY HOME ON A TINY LOT PERCHED HIGH ON A HILL ABOVE ,

[04:35:01]

WHICH IS SLATED FROM MAJOR CONSTRUCTION FOR YEARS TO COME SURROUNDED BY FOUR AND FIVE STORY BUILDINGS ON THREE SIDES ON THE END OF A NARROW 260 FOOT LONG DEAD END STREET WITH NO COL-DE-SAC THAT IS REGULARLY CONGESTED.

WHEN YOU COUPLE THIS WITH THE ALLOWANCE THAT THE CITY HAS MADE DURING THE REVIEW PROCESS FOR THE TYNDALL FOR INCREASED GLAZING OPPORTUNITIES ON THE PORTION OF OUR BUILDING DIRECTLY FACING THE PROPOSED TOWER AND ALLEYWAY.

AND THESE ASSUMPTIONS WERE MADE AND EXCEPTIONS WERE MADE, ASSUMING THAT THE PROPERTY OF THE LOPEZ TOWER, WE REMAIN A SINGLE FAMILY HOME VACATION OF THE ALLEYWAY COULD PLACE OUR BUILDING AND RESIDENTS AT GREAT RISK.

BUT WE HAVE YET TO BE ABLE TO REVIEW A CURRENT SET OF PLANS.

OUR COMMUNITY HAS MADE MULTIPLE REQUESTS TO THE CITY TO OBTAIN A CURRENT SET OF PLANS FOR THE PROPOSED PROJECT.

BUT UNFORTUNATELY THE LINK ON THE CITY'S WEBSITE LED ANOTHER UNRELATED PROJECT FOR SEVERAL MONTHS.

THIS LINK HAS NOW BEEN REMOVED AND THE CITY HAS DONE THEIR BEST TO TRY TO PROVIDE US WITH A SET OF PLANS BUT WE STILL HAVE NOT BEEN ABLE TO REVIEW THEM.

ADDITIONALLY, OUR HOA PRESIDENT ON BEHALF OF ALL OF THE RESIDENTS REQUESTED AN EMAIL, UM, OR RESPONDED TO AN EMAIL SENT BY THE GUADALUPE NEIGHBORHOOD DEVELOPMENT CORPORATION AND REQUESTED A COPY OF THE PLANS PRIOR TO AGREEING TO SCHEDULE A MEETING.

UNFORTUNATELY, WE HAVE STILL NOT RECEIVED A COPY OF THE PLANS OUR COMMUNITY FEELS.

IT IS ONLY FAIR THAT WE HAVE AMPLE OPPORTUNITY TO REVIEW THE PLANS TO EVALUATE OUR SAFETY CONCERNS.

FURTHER, AS MENTIONED AT THE BEGINNING OF THIS ITEM, NONE OF THE PENDLE RESIDENTS NOR THE DEVELOPER RECEIVED NOTICES WHEN THE PRIOR VACATION WAS APPROVED BEFORE THE COMMISSION.

WE ARE TRULY GRATEFUL FOR THIS OPPORTUNITY TO SPEAK TO YOU, TO NOT TO EXPRESS OUR CONCERNS AND I CAN ASSURE YOU THAT THE RESIDENTS, THE KENDALL ARE COMMITTED TO BEING GOOD NEIGHBORS, BUT OUR COMMUNITY FEELS OBLIGATED TO RAISE THESE CONCERNS FOR OUR OWN SAFETY AND THE SAFETY OF FUTURE RESIDENTS IN THE AREA.

WE BELIEVE IT WOULD BE INAPPROPRIATE TO APPROVE THIS VACATION WITH LAB WITHOUT ALLOWING REVIEW OF THE FINAL PLANS OR AT LEAST THE MOST CURRENT SET OF PLANS MADE AVAILABLE TO THE MOST EFFECTIVE NEIGHBORS.

A NO VOTE OR VOTE TO PROPOSE TO POSTPONE.

ITEM B 23 IS A BOAT PROTECT THE FISH AND A VOTE TO PROTECT THE HUNDREDS OF RESIDENTS ADJACENT TO THE PROPERTY.

I ASKED YOU TO PUT YOUR DRINK, YOUR RED ITEM FOR A NO VOTE OR POSTPONE.

THANK YOU.

UH, IS JONATHAN THE KEY THERE? JONATHAN MCKEE, BUT ROBERT GAS.

ROBERT DEATH'S THERE.

YOU'RE NOT A LEARNER.

HI, I'M HERE.

TELL ME WHAT I CAN START.

WE CAN GO AHEAD AND START YOU AT THREE MINUTES.

GREAT.

THANK YOU.

HI, MY NAME IS JENNA.

I LIVE AT THE TYNDALL WITH MY PARTNER CHRIS.

UM, FIRST OFF, I WOULD LIKE TO THANK THE COMMISSION MEMBERS FOR THE OPPORTUNITY TO SPEAK AND I DO WANT TO ECHO WHAT THE OTHERS HAVE SAID REGARDING THE NEED FOR AFFORDABLE HOUSING IN SUCH A GROWING AND BOOMING COMMUNITY, BUT I DO HAVE CONCERNS ABOUT THE SAFETY OF THE LOCATION.

UM, AS OTHERS HAVE SAID, THE PROPOSED SEVEN STORY BUILDING WOULD ONLY BE FIVE FEET FROM THE TYNDALL PROPERTY LINE AND A MERE 15 FEET FROM PARTS OF THE PHYSICAL BUILDING.

ANYONE CAN PICTURE THAT.

SUCH PROXIMITY CAN BE HARMFUL FOR A VARIETY OF REASONS.

THIS SEVERELY INCREASES THE LIKELIHOOD THAT A FIRE OF ANY SIZE JUMPED FROM STRUCTURE TO STRUCTURE.

THIS IS CLEARLY A POTENTIAL SAFETY ISSUE FOR THE CURRENT AND FUTURE RESIDENTS OF THE TYNDALL.

IT ALSO WOULD PUT THE RESIDENTS OF THE PROPOSED POWER AND DANGER.

IN ADDITION, THE ALLEY WOULD BE THE ONLY ACCESS POINT FOR FIRE TRUCKS, EMS, POLICE, ET CETERA.

THE ALLEY, AS OTHERS HAVE ALSO SAID, WOULD BE VERY LIMITED IN SIZE AND WOULD NOT ALLOW FOR EASY ENTRANCE OR EXIT FOR LARGE TRUCKS AND OTHER VEHICLES.

BEING ABLE TO PROVIDE FIRE TRUCKS, AMBULANCES, POLICE CARS ALL WITH ARE NECESSARY.

DURING AN EMERGENCY, THE PROPER ACCESS TO THE BUILDING WOULD BE VERY CHALLENGING.

NOT ONLY WOULD THERE BE LIMITED SPACE FOR THE RESPONDENTS TO MANEUVER IN AND OUT OF THE ALLEY, IT WOULD ALSO BE DIFFICULT FOR TRUCKS TO BACK OUT ONTO A VERY BUSY EITHER 35 FRONTAGE ROAD AND THERE WOULD BE LIMITED SPACE FOR RESPONDERS TO UNLOAD AND CARRY THEIR EQUIPMENT.

ALL OF THESE POINTS WOULD, WOULD UM, NOT ALLOW RESPONDERS TO DO THEIR JOB SUCCESSFULLY AND IT WOULD ULTIMATELY RISK THE SAFETY OF THE RESIDENTS AT THE PROPOSED PROJECT AND THE TYNDALL.

IT SEEMS LIKE A PROPOSED RESIDENCE IN THE BACKYARD OF A SINGLE FAMILY HOME TO NOT BE BUILT IN THIS OR, OR ANY BACKYARD.

WELL, I DO SUPPORT AFFORDABLE HOUSING.

I FIRMLY BELIEVE THIS IS NOT THE RIGHT LOCATION FOR THIS PROJECT DUE TO THE VARIETY OF SAFETY CONCERNS FOR BOTH THE TYNDALL AS THE TENSILE RESIDENTS AS THE PROPOSED PROJECT, I REQUEST TO VOTE NO ON THE VACATION FOR THE ALLEYWAY.

THANK YOU AGAIN FOR YOUR TIME.

[04:40:04]

SCARY CHESS.

THEY'RE VERY CHESS.

YES, I'M HERE.

OKAY.

YOU'RE A LAST SPEAKER.

YOU HAVE THREE MINUTES.

GO AHEAD.

OKAY.

MY NAME IS CARRIE CHEST.

WHEN I'M A FIRST TIME HOMEOWNER AT THE TYNDALL.

THANK YOU FOR YOUR TIME AND WE ALL REALLY APPRECIATE YOUR Y'ALL TAKING YOUR TIME AND STAYING UP LATE TO LISTEN TO OUR CONCERNS.

AND THIS IS A NEW PROCESS TO ME.

SO I HAVE TO SAY, I WAS SURPRISED WHEN I READ THE LETTER FROM THE GM DC EXECUTIVE DIRECTOR SAYING THAT A NOTICE WAS SUPPOSEDLY SENT OUT IN OCTOBER BUT WE WERE NOT NOTIFIED UNTIL MARCH.

AND SO THAT'S PROBABLY WHY YOU'RE HEARING SO MUCH CONCERN NOW AT THIS POINT BECAUSE WE DIDN'T HAVE A CHANCE TO WEIGH IN PREVIOUSLY.

AND THE GMDC, HIS RESPONSE TO OUR WRITTEN EMAILS ALSO DID NOT RESPOND TO ANY OF OUR CONCERNS ABOUT ACCESS AND NINTH STREET AND HAVING A SINGLE POINT OF ACCESS FOR THIS NEW DEVELOPMENT.

SO AT THE TYNDALL, I LIVE ON THE FIRST FLOOR FACING NINTH STREET.

SO I HAVE A VERY GOOD VIEW OF ALL THE ACTION THAT TAKES PLACE EVERY DAY.

AND WHILE IT MIGHT SEEM LIKE A QUIET DEAD END STREET TO THE DEVELOPERS OR PEOPLE WHO DON'T LIVE HERE, IT'S ACTUALLY VERY BUSY AS AS SOME OF MY, UM, SOME PEOPLE MENTIONED EARLIER, THE ENTRANCE TO THE ONLY APARTMENT BUILDING IS ACROSS THE STREET.

SO ALL DAY AT NIGHT THERE'S UBER'S AND LIFTS AND CARS IDLING OUTSIDE.

THERE'S DELIVERY TRUCKS, UTILITY TRUCKS MOVING IN, GARBAGE TRUCKS AND WITH ALL THE PARKING SPOTS USUALLY FULL WHENEVER THERE'S A GARBAGE TRUCK OR A MOVING TRUCK, USUALLY THE STREET GETS BLOCKED AND UH, MANY TIMES OR MOST OF THE TIME PEOPLE HAVE TO BACK OUT OF THE STREET.

AND I HA I WATCHED THIS HAPPEN ALL DAY LONG.

I CAN'T IMAGINE ADDING MORE CARS FOR RESIDENTS AND STAFF AND THE VISITORS GOING DOWN THE STREET AND AN EFFICIENT, SAFE MANNER.

AND TO ME IT SEEMS LIKE A HUGE PUBLIC SAFETY ISSUE, NOT JUST TO GET TO THE TYNDALL IN CASE OF EMERGENCY, BUT ALSO TO HAVE EFFICIENT ACCESS TO THE NEW DEVELOPMENT FOR SENIOR CITIZENS.

I DON'T UNDERSTAND HOW FIRETRUCKS AND AMBULANCES WOULD BE ABLE TO GET DOWN NINTH STREET IF THERE HAPPENS TO BE ONE OR TWO CARS OR A TRUCK IDLING IN NINTH STREET.

AND THE RESPONSE FROM GMDC TO HOMEOWNERS, THAT $10 TO NOT ADDRESS ANY OF THESE ISSUES OF IT BEING A ONE WAY STREET WITH A SINGULAR POINT OF ACCESS FOR THEIR PROPOSED DEVELOPMENT.

IT'S ALREADY A LOT BUSIER THAN PEOPLE ASSUME AND THERE'S NO WAY TO TURN AROUND OR FOR CARS OR FIRE TRUCKS OR AMBULANCES TO GET DOWN THAT STREET IF THERE'S ANY TRAFFIC, ANY OF THE NORMAL TRAFFIC THAT THERE IS AN A ON A NORMAL DAY.

SO WHILE LIKE EVERYBODY IS REITERATED, WE ALL SUPPORT AFFORDABLE HOUSING, WE WANT TO BE GOOD NEIGHBORS BUT IN THIS CASE IT JUST DOES NOT SEEM LIKE A SMART PROPOSAL FOR PUBLIC SAFETY AND FOR THE SAFETY OF THEIR PROPOSED RESIDENTS.

AND SO WE ASKED YOU TO VOTE NO OR TO VOTE TO POST THEM.

THANK YOU SO MUCH.

GREAT, THANK YOU.

ALRIGHT, UM, WE HAVE THE APPLICANT FOR REBUTTAL AS WELL OR MR. ROGERS.

HI, THIS IS MATT WITH THE VILLA TWO AGAIN.

I'LL AGAIN SPEAK ON BEHALF OF GMDC.

UM, JUST WANT TO THANK EVERYONE WHO STAY LATE AND SHARE THEIR OPINION AND YOU KNOW, I SPEAK ON BEHALF OF GMDC THAT IN, IN DOMAIN, YOU KNOW, WE MINIMIZE THE, THE CONCERN.

UM, AGAIN, I JUST WANT TO REITERATE THAT THIS REQUEST IS ON AN ORPHAN, UH, 10 FOOT REMAINDER OF AN ALLEY THAT HAS ALREADY BEEN VACATED BY THE TYNDALL WHEN THE 10 YEAR OLD, UH, WAS DEVELOPED.

AND YOU KNOW, I, I THINK STAFF IS GOING TO TRY TO BRING THAT UP JUST TO KIND OF ILLUSTRATE THE POINT.

UM, ONCE YOU SEE THE EXHIBIT IS PAGE 10 OF THE EXHIBIT FOUR IN CASE IT DOESN'T BRING UP, UH, THIS ALLEYWAY IS ORPHAN.

AND SO IT JUST, IT DOESN'T REALLY SERVE ANY ACCESS PURPOSE RIGHT NOW.

THE ONLY REASON WHY IT WAS REMAINED IS BECAUSE THERE'S SOME UTILITY IN IT THAT WILL BE REMOVED AS PART OF THIS PROJECT.

AND, UM, YOU KNOW, THE HOMEOWNER AT THE TIME WHEN THE TYNDALL VACATED THE OTHER HALF OF THE ALLEY DIDN'T HAVE ANY REASON TO, TO BUY THE PROPERTY AT THAT TIME.

AND I JUST WANT TO SAY THAT THE ONLY REASON WHY THIS PROJECT IS BEING DEVELOPED TO BEGIN WITH IS BECAUSE THE HOMEOWNER WHO OWNED THE HISTORIC HOME, HAVING A HIGH DEGREE OF TRUST IN GNPC TO DO THE RIGHT THING AND DO THE BEST PROJECT POSSIBLE.

AND SO THEREFORE THEY TRUST IT.

CNBC, STEWARDSHIP, STEWARD OF THIS LAND.

AND SO IT'S NOT A TWO PROJECT IN SEPARATE OF EACH OTHER IS MORE LIKE A COMBINED VISION THAT CAN CREATE SOMETHING FOR THE COMMUNITY.

AND I KNOW THIS REQUEST HAVE, DOESN'T REALLY HAVE ANYTHING TO DO WITH THE SITE, UH, DESIGN ITSELF, BUT JUST, UH, YOU KNOW, UH,

[04:45:01]

UH, AGAIN SAY THAT I KNOW IN NO WAY MINIMIZE THE CONCERN THAT THE NEIGHBORS HAVE EXPRESSED.

I JUST WANT THEM TO KNOW AND, AND THE COMMISSION TO KNOW THAT WE'VE BEEN WORKING WITH THE FIRE DEPARTMENT SINCE 2016 TO MAKE SURE THAT THE DESIGN MEET ALL THE CODE.

AND AS YOU CAN SEE, FIRE REVIEWERS ARE NOT EASY TO COMPLY.

SO YEAH, TO MAKE HAPPY.

SO WE'VE BEEN SPENDING A LOT OF TIME MAKING SURE THAT THE PROJECT MEET ALL THE REQUIREMENTS.

THIS PROJECT WILL BE, YOU KNOW, DESIGN AND MEET ALL OF THE HIGHEST CRITERIA OF THE CODE.

AND, BUT THEN AGAIN, YOU KNOW, THIS IS NOT PART OF THE REQUEST.

I JUST WANT TO REITERATE THAT.

UM, AND THAT'S ALL I HAVE.

GREAT.

THANK YOU.

DO I HAVE A MOTION TO CLOSE THE PUBLIC HEARING? ARE THEY MOTION BY SEEGER? SECOND BY A HANDFUL.

UM, SOON AS I CAN SEE EVERYBODY ON MY SCREEN.

THERE WE GO.

HOLD WITH YOUR GREEN PUTTING FINGERS.

IT WASN'T PUBLIC HEARING.

THAT'S UNANIMOUS.

UM, WE HAVE ANY QUESTIONS FROM THE COMMISSIONERS? SURE.

SORRY OUR GO AHEAD.

QUICK QUESTION FOR STAFF.

I KNOW THIS ISN'T REBECCA BIRKENSTOCK AGAIN FOR THE SAFETY AND ACCESS FOR FIRE LEGALS.

UM, WE DID NOT HAVE GOOD KNOCK IT STEP ON THE LINE EARLIER.

CAN YOU, SORRY, YOU'RE MUTED.

I WAS GOING TO SAY, AND IF THEY'RE NOT AVAILABLE, THAT IS OKAY BECAUSE I KNOW THAT, UM, THAT WAS SOMEWHAT COVERED IN THE BACKER, RIGHT? YEAH, I BELIEVE THERE WAS A Q AND A FROM ME ASKING IF A BUYER HAD REVIEWED THE ORIGINAL VACATION.

UM, AND UH, THAT WAS BY ADDIE, I'LL SAY SERVICES OFFICE.

ANY OTHER QUESTIONS? MR HEMPLE.

OKAY.

UM, I HAVE A QUESTION.

I GUESS THIS IS FOR THE APPLICANT.

WE, WE RECEIVED AN EMAIL FROM UH, AND DC TODAY SAYING THAT THE PROJECT CAN MOVE FORWARD, UM, WHETHER OR NOT THEY GET THE ALLEY VACATION, IT JUST MAKES IT A LITTLE BIT EASIER FOR THE PROJECT TO MOVE FORWARD.

AND I WAS JUST HOPING TO GET A LITTLE BIT MORE EXPLANATION AROUND THAT.

YES, THANK YOU.

UH, I CAN PROVIDE A CONTEXT SO THAT, UH, STATEMENT WITHOUT THE ALLEY ON THE BACK, THE BUILDING WOULD SIMPLY BE 10 FEET SHORTER OR SHALLOWER, BUT WE WILL STILL MEET THE FIVE FOOT SETBACK, UH, THAT WAS, UH, DISCUSSED HEAVILY WITH THE FIRE DEPARTMENT.

SO THE BUILDING BY RIGHT CAN BE BUILT WITH THE RESPECT TO THE NCC P AND ALL OF THE CODE AND, UH, NEIGHBORHOOD PLAN.

THE RIGHT OF WAY IS NOT NECESSARY FOR THE PROJECT TO BE FEASIBLE.

THANK YOU.

ANY OTHER QUESTIONS? MOTION? SURE.

UNDERSTOOD.

WHO WAS UP? MOVE APPROVAL STAFF RECOMMENDATION.

SEE, THE SECOND, IS THAT MR. HOWARD, ARE YOU SECONDING? ALL RIGHT.

CAN WE JUST A SECOND FROM COMMISSIONER HOWARD? UM, ANYONE SPEAKING IN FAVOR OF THE MOTION BRIEFLY.

UM, AND YOUR SON, I'LL LET YOU SPEAK TO YOUR MOTION.

SURE.

YEAH.

UM, I, I LOVE THE TYNDALL.

I THINK IT'S AN AMAZING BUILDING AND I'M REALLY EXCITED THAT THERE'S SO MANY PEOPLE THAT ARE LOOKING AT THIS SITE AND CURIOUS ABOUT WHAT'S ABOUT TO HAPPEN HERE.

UM, MY EXPERIENCE WITH BUILDING AND WORKING WITH FIRE AND THERE'S AN AMAZING REASON WHY STRUCTURE FIRES ARE GOING DOWN SO MUCH YEAR AFTER YEAR AND STRUCTURES ARE OVERALL JUST GETTING SAFER AND SAFER AND AUSTIN FIRE DEPARTMENT IS GOING TO BE VERY, VERY, VERY INVOLVED IN THIS CASE AND PLUS THE ENGINEERS AND JVC JUST BUILDS A WONDERFUL PRODUCT.

AND SO REALLY EXCITED TO HAVE THIS ONE ON THE GROUND.

I WISH WE COULD PUT ABOUT A HUNDRED MORE OF THESE EVERY YEAR.

OKAY.

COMMISSIONER SPEAKING AGAINST NEUTRAL, UH, EXCUSE ME, SHOW, ARE YOU SPEAKING AGAINST? YEAH, I'M GOING TO SPEAK AGAINST, UM, I THINK, UH, THAT I JUST HEARD.

UH, I THINK WE CAN BALANCE THE NEEDS OF THE NEIGHBORHOOD.

UM, AND WITH THE, UH, THE FACT THAT THIS PROJECT WILL STILL CONTINUE.

I JUST HEARD IT'S STILL FEASIBLE EVEN WITHOUT THIS VACATION.

SO I JUST DON'T THINK IT'S NECESSARY.

SO I'LL BE VOTING AGAINST, WHAT'S YOUR SECRET? DO YOU STILL WANT TO SPEAK FOR, I HAVE A QUESTION.

[04:50:01]

OKAY.

THAT'S THE MOTION AND CLOSED THE CONDITIONS STATED IN THE BACKUP MATERIALS OF WHICH I DON'T HAVE RIGHT NOW WITH ALL CONDITIONS.

THANK YOU.

OKAY.

DOES ANYONE ELSE WISH TO SPEAK ON THE MOTION? SURE.

SORRY, I CAN, I HEAR SOME OF THE CONCERNS BUT YOU KNOW AS, AS WE MENTIONED IN SOME OF THEM, HAVE YOU PROVIDED THOSE TEAR THAT FIRE AND EMS HAVE LOOKED AT THIS AND SORT OF A CERTAIN THE SAFETY OF THIS.

SO I THINK I DEFINITELY FEEL MORE COMFORTABLE MOVING FORWARD WITH THAT UNDERSTANDING.

WHAT I DO WANT TO MENTION IS IF YOU'D LIKE, UM, I THINK THERE'S SOME COMPELLING ARGUMENTS.

I WOULD LOVE TO SEE THE AGENCY EXTENDING NINTH STREET ALL THE WAY WITH 35 OR ACTUALLY TAKE BARKING OFF AND COMPLETELY LET'S TAKE PARKING OFF IT.

I THINK WE HEAR IT'S A CONCERN.

LET'S REMOVE PARKING FROM THAT STREET.

AND I THINK THAT COULD EASE SOME OF THE CONCERNS THAT WERE SAID HERE.

SO I HOPE THAT A STAFF PERSONS LOOKS AT THIS DATA, THEY CONSIDER SOME ITEMS, BUT I DO THINK THAT THIS IS A PROJECT THAT WE CAN MOVE FORWARD WITH, WITH A CLEAR IDEA THAT THEY, YOU KNOW, THE SAFETY ASPECT HAS BEEN GOVERNED BY STAFF.

SO THANK YOU ALL.

HEY MATT, LET'S GO AHEAD AND TAKE A VOTE.

ALL IN FAVOR.

WE'LL LOOK THE GREEN.

UH, EIGHT IN FAVOR.

ALL OPPOSED? LOOK RED.

WANT TO POSE ALL ABSTAINING? HOLD UP.

YELLOW.

TWO.

SO I'M SORRY.

THERE'S ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN, EIGHT.

WITHIN IT TOO.

EQUAL WORTH ABOUT SIX, EIGHT, UH, IN FAVOR.

UH, ONE OF THOSE TWO HAD STAYED.

WE SHOULD ASK, UM, THAT IS OUR LAST ITEM.

WE WEREN'T TAKING CARE OF FUTURE GENERAL ITEMS AND ELECTIONS.

VERY AWARE, UH, BOARDS, COMMITTEES, WORKING WITH UPDATES AND AVENUE.

NOPE.

MMM.

ONE ONCE.

GOING TWICE.

ALL RIGHT.

THIS MEETING IS ADJOURNED.

JOE.