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[Call to Order]

[00:00:05]

ZONING AND PLANNING COMMISSION MEETING.

AND FIRST I WILL CALL ROLL.

ARE YOU READY? OKAY.

UH, COMMISSIONER, UH, GARY CRESCENT, COMMISSIONER OR VICE CHAIR? BERRERA RAMIREZ PRESENT COMMISSIONER BRAY, COMMISSIONER BRAY.

OKAY.

COMMISSIONER DAN CLUTTER.

COMMISSIONER DANGLER.

I CAN SEE YOU AND COMMISSIONER DECKLER I THINK.

AND THEN, UH, COMMISSIONER DUNKIN, COMMISSIONER EVANS, COMMISSIONER KING.

AND I'M JOLENE KOBASA.

AND I'M HERE COMMISSIONER RAY HERE AND COMMISSIONER SMITH.

OKAY.

THANK YOU.

AND THEN, UH, THE AGENDA TONIGHT,

[Reading of the Agenda]

FIRST, A ONE APPROVAL OF MINUTES FROM JUNE 16TH AND THEN, UM, RIGHT.

AND, UM, I'VE GOT TO GET TO THE, THAT I DO THIS A LITTLE QUICKER AND THEN, UH, PUBLIC HEARINGS BE ONE.

AND THAT IS ZONING CASE, UH, C 14 DASH 2020 DASH ZERO ZERO FIVE THREE.

AND THAT IS A DISCUSSION POSTPONEMENT B TO ZONING Z 14 DASH 2020 DASH ZERO ZERO FIVE EIGHT.

AND THAT IS A CON THAT IS ON THE CONSENT AGENDA FOR APPROVAL B THREE C 14 DASH 2020 DASH ZERO ZERO FIVE.

FOUR HAS BEEN WITHDRAWN BEFORE REZONING C 14 DASH 2020 DASH ZERO ZERO FIVE SEVEN.

UM, THAT IS A DISCUSSION ITEM B FIVE FINAL PLAT WITH VARIANTS, C A T C EIGHT DASH 2019 DASH ZERO ONE THREE 5.0 A AND THAT IS ON THE CONSENT AGENDA.

BE SIX SITE PLAN C S P C DASH 2019 DASH ZERO FOUR ONE THREE C.

AND THAT IS ON THE CONSENT AGENDA FOR APPROVAL B SEVEN RE SUBDIVISION RE SUBDIVISION C EIGHT DASH 2020 DASH ZERO ZERO THREE 8.0 A AND THAT IS ON THE CONSENT AGENDA FOR DISAPPROVAL FOR REASONS.

AND, UM, I'LL GET BACK TO IT.

AND THEN B EIGHT RESUB DIVISION C EIGHT DASH 2019 DASH ZERO ZERO FIVE 6.0 A AND THAT IS ON THE CONSENT AGENDA FOR APPROVAL.

AND THAT IS OUR CONSENT AGENDA.

AND THEN I HAVE A QUESTION FOR EARTH, UM, AND ROOM AND FOR OUR CONSENT AGENDA FOR CONSENT FOR RE SUBDIVISION, OR DID WE HAVE, UH, WE DON'T HAVE A SPEAKER FOR THAT TO THEN SHOULDN'T WE READ INTO THE LE THE LANGUAGE THAT THE ASSISTANT CITY ATTORNEY NICHOLAS PARK RECOMMENDED? SURE.

COMMISSION LIAISON, ANDREW.

THAT IS CORRECT.

OKAY.

AND COMMISSIONER SMITH, DID YOU, UM, HAVE A QUESTION ABOUT THAT OR, OR I WAS JUST GOING TO READ INTO THE END OF THE MOTION.

LET ME MAKE A MOTION TO CLOSE THE PUBLIC HEARING AND APPROVE THE CONCEIT, BUT I WANT TO READ IN SOME INFORMATION, WHAT I WANT TO READ INTO THE MOTION IS THAT THE ZONING AND PLANNING COMMISSION RECOMMENDS DISAPPROVAL FOR REASONS, OTHER REQUESTS FOR ORDERS, THE CASE NUMBER CA 2020 ZERO ZERO ZERO THREE EIGHT DASH ZERO EIGHT.

FOLLOWING REASONS STAFF CONDITIONS, DISAPPROVAL WITH REASONS AS REFLECTED IN EXHIBIT C AS A STAFF REPORT ATTACHED TO THIS MOTION.

OKAY.

GOT IT.

OKAY.

MOTION BY COMMISSIONER SMITH, SECONDED BY COMMISSIONER KING.

IS THAT IT? YOU CHAIR? YES.

I, I WILL SECOND THAT, BUT ALSO I WANT TO MAKE SURE THAT TO ASK IF THE IS ON THE LINE OR TO SPEAK ON ANY OF CONSENT ITEMS JUST IN CASE.

OKAY.

THANK YOU FOR DOING THAT.

WHY DON'T OKAY.

THAT'S ACTUALLY GOOD TIMING.

ARE THERE ANY SPEAKERS WHO ARE SIGNED UP? ALTHOUGH I HAVE A LIST OF SPEAKERS, IS THERE ANYBODY SIGNED UP FOR B TWO WHO WISHES TO SPEAK, BUT WE PUT YOU ON THE CONSENT AGENDA AND UM, SO I DON'T THINK

[00:05:01]

SO.

AND I BELIEVE B EIGHT.

UM, BUT WE PUT YOU ON THE CONSENT AGENDA.

IS THERE ANYBODY THAT'S SIGNED UP TO SPEAK THOUGH ON ANY OF THOSE ITEMS THAT DID PASS ON THE CONSENT AGENDA?

[Consent Agenda]

OKAY.

HEARING THAT, AND THEN LET'S GO WITH THE VOTE FOR ALL THOSE IN FAVOR OF THE CONSENT AGENDA.

PLEASE RAISE YOUR HANDS AND IT'S UNANIMOUS.

[Item B1]

OKAY.

THANK YOU.

AND THEN, OKAY.

NOW ON TO BE ONE, AND THIS IS FOR CON UH, WE ARE JUST DISCUSSING THE POSTPONEMENT REQUEST BECAUSE THE APPLICANT, BECAUSE THE NEIGHBORHOOD HAS REQUESTED IT FOR, UM, AUGUST 4TH AND THE APPLICANT IS OKAY WITH AN OR POSTPONEMENT, BUT TO JULY 21ST.

AND SO THEN WE WILL GO WITH THE PERSON I BELIEVE WITH THE REQUEST.

AND ACTUALLY, ANDREW, COULD YOU CORRECT ME IF I'M WRONG ON THAT? UM, IT'S UNUSUAL TO HAVE THEM AGREEING ON A POSTPONEMENT, BUT JUST ON THE TIME IT'S OKAY.

CHECK EMISSION LIGHTS ON ANDROID.

THAT IS CORRECT.

SO THIS IS DISCUSSION POSTPONEMENT, NOT DELVING INTO A MIRROR, ALWAYS DISCUSSING THE POSTPONEMENT DATES.

WE'LL HEAR FROM TWO INDIVIDUALS FROM MEET SIDE AT TWO MINUTES EACH.

OKAY, GREAT.

OKAY.

THANK YOU.

AND THEN, THEN WE WILL HEAR FROM FIRST FOR THE REQUEST IS JUSTIN SPILLMAN AND YOU WILL HAVE TWO MINUTES AND THEN, UM, CARL URBAN IN FAVOR OF THE REQUEST FOR POSTPONEMENT AND YOU WILL ALSO HAVE TWO MINUTES.

HELLO? YES, THIS IS STEPHANIE AND I HOPE YOU CAN HEAR ME.

UM, AND THAT'S PART OF THE REASON WHY WE ASKED FOR A MONTH, WHICH IS THE WEEKS BECAUSE, UH, WE'VE BEEN IN CONTACT WITH THIS DEVELOPER WITH NEIGHBORING, YOU KNOW, PEOPLE THAT ARE BUYING PARCELS FROM THIS DEVELOPER AND TRYING TO SCHEDULE MEETINGS.

WE ACTUALLY HAD A MEETING SCHEDULED BACK IN MARCH THAT GOT POSTPONED BECAUSE OF COVID AND THE IN PERSON MEETINGS.

AND THAT MEETING STILL HAS NOT YET TAKEN PLACE.

WE'RE LOOKING ON TRYING TO GET THAT RESCHEDULED AT THIS POINT.

AND IN REGARD TO THE REQUEST, EVERYTHING SEEMS LIKE IT'S GOING TO TAKE A LITTLE BIT LONGER THESE DAYS THAN NORMAL WITH COVID SITUATION.

UM, ALSO, UM, SOME OF MY FAMILY MEMBERS ARE SUFFERING SOME EXTRAORDINARY HEALTH CONDITIONS.

MY FATHER RECENTLY WENT THROUGH A QUADRUPLE BYPASS AND SO WE HAVE SOME DOCTOR APPOINTMENT FOLLOW UPS FOR THAT IN THE NEXT COUPLE OF WEEKS.

AND MY MOTHER HAS MEDICAL ISSUES THAT WE'RE GONNA BE ATTENDING TO AS WELL WITH DOCTOR'S APPOINTMENTS.

AND MY, MY WIFE WAS PREGNANT AS WELL.

SO WHILE THIS IS A TOP PRIORITY FOR US, IT'S STILL SOMETHING WHERE IT'S GOING TO TAKE SOME SCHEDULING LOGISTICS WISE, AND IT'S SOMETHING THAT WE WANT TO WORK WITH BECAUSE IT MAKES SURE THE CITY STAFF THAT HAS REVIEWED THIS KNOWS THE FULL UNDERSTANDING OF WHAT'S GOING ON WITH PAST DEED RESTRICTIONS AND OTHER THINGS THAT HAVE BEEN FILED.

AND THAT'S WHERE I JUST THINK A FOUR WEEK POSTPONEMENT IS REASONABLE IN LIGHT OF THE CIRCUMSTANCES.

OKAY.

THANK YOU.

AND KARL URBAN, DO YOU WISH TO SPEAK, AMANDA REMEMBERED IT.

STAR SIX.

CALL CARL URBAN.

ARE YOU THERE? HELLO.

HI.

IS THIS KARL URBAN? CAN YOU HEAR ME OKAY, BARELY.

IF YOU CAN SPEAK A LITTLE BIT LOUDER.

THAT WOULD BE GREAT.

HELLO.

HELLO? HELLO.

HELLO.

CAN YOU HEAR ME NOW? YES, THAT'S MUCH BETTER.

THANK YOU.

I'VE GOT THE PHONE RIGHT AT MY MOUTH NOW AND IT KEPT TELLING ME I WASN'T NEEDED.

OKAY.

UH, NAME IS KARL URBAN, MYSELF, THE SPELLMAN AND MY SISTER IN LAW HAVE ABOUT 2,500 ACRES DRAWING ALL THIS ACTIVITY, THE COLOR, BUT IT WAS KIND OF SETBACK.

AS JUSTIN SAID, REASONABLE MEETINGS WITH THE DIFFERENT DEVELOPERS TO TRY TO WORK OUT ALL THE ISSUES, THAT KIND OF ACTIVITY, ET CETERA.

AND WE THINK THAT IT WOULD BE IN THE BEST INTEREST OF THE CITY AND FUTURE DEVELOPMENT IN THE AREA TO GIVE THE DEVELOPERS TIME, TO BAKE WITH US AND WORK OUT SOME OF THESE FUTURE ISSUES OR CURRENT AND FUTURE ISSUES.

SO, UH, WE WOULD CERTAINLY BE IN FAVOR OF IT,

[00:10:01]

DELAY.

UH, MY SCHEDULE IS SOMEWHAT OPEN AND, UH, THAT'S JUST ABOUT IT WITHOUT GETTING INTO THE MERITS OF WHAT OUR ISSUES ARE.

OKAY.

THANK YOU VERY MUCH.

AND OKAY, NOW I'M SPEAKING AGAINST THE POSTPONEMENT.

I BELIEVE THAT WILL BE LACEY ELLERS.

IS THAT CORRECT? YES.

HI, THIS IS LACY LACY.

HI FOR THE APPLICANT.

AND, UM, WELL, DO YOU WANT TO POINT OUT THAT WE'RE NOT NECESSARILY AGAINST IT? UM, WE ARE AGREEABLE TO THE POSTPONEMENT, BUT OUR REQUEST IS NOT FOR IT TO BE POSTPONED FOR A MONTH UM, FOR ONLY TWO WEEKS TO JULY 21ST.

AND OUR REASON IS THE APPLICANT HAS HAD, UM, DISCUSSIONS WITH THE NEIGHBORS AND OUR UNDERSTANDING IS THAT THE PRIMARY QUESTIONS HAVE TO DO WITH UTILITY AND TRANSPORTATION, WHICH IS NOT RELATED TO ZONING CANE.

THE ROADWAY HAS ALREADY BEEN ESTABLISHED BASED ON A TIA AND IT'S UNDER CONSTRUCTION AND UTILITY ACTUALLY INVOLVED WITH THIRD PARTY, UM, WHICH HAS NONE OF THE PARTIES ACTUALLY ON THE FALL FOR THE POSTPONEMENT.

AND SO WHILE WE'RE AGREEABLE TO IT, WE BELIEVE THAT OUR ROLE IS WILLING ON HATING AS BEST WE CAN COMMUNICATIONS WITH THE THIRD PARTY.

AND THAT'S SEPARATE FROM ACTUALLY CONSIDERING THE ZONING CASE.

SO THEREFORE OUR REQUEST IS IT'S ONLY TWO WEEKS .

OKAY.

THANK YOU.

IS THERE ANYBODY ELSE WISHING TO SPEAK AGAINST THE POSTPONEMENT? OKAY.

HEARING NONE.

IS THERE A MOTION AND OH, LET ME SAY IT LOOKS LIKE COMMISSIONER BRAY HAS JOINED US COMMISSIONER BRAY.

CAN YOU, UM, ARE YOU THERE? OKAY, GREAT.

SORRY.

OKAY.

I JUST WANTED TO, OKAY, SO COMMISSIONER BRAISE HERE.

SO, UM, IS THERE A MOTION ON THE POSTPONEMENT COMMISSIONER? UH, DUNCAN AND MUTE ALRIGHT.

ALRIGHT.

I MOVED THAT THE 14, 20, 20 BELOW FIVE, THREE .

COULD YOU REPEAT THAT AGAIN? GO AHEAD.

DID YOU NOT HEAR ME? OKAY.

THERE WAS A BLIP OVER YOU.

OKAY.

OKAY.

I MOVED AT THREE 14, 20, 23 ROW 53 BE POSTPONE TILL AUGUST 4TH.

AND IT LOOKS LIKE A SECOND FROM COMMISSIONER KING.

YES.

SECOND.

OKAY.

ANY DISCUSSION COMMISSIONERS? NO LONGER MUTED.

YES.

UM, ONCE I'VE GOT, AS THIS IS SCHEDULED OR CITY COUNCIL ON JULY 30TH.

UM, SO WHAT HAPPENED WITH THE JULY 30TH CITY COUNCIL SCHEDULED? IF WE DO NOT HAVE IT BEFORE THAT POINT, DOES IT GO TO CAPITAL THAT EMOTION FROM US? NO.

THEN IT'S POSTPONED.

AND THIS HAS HAPPENED BEFORE IT GETS PUT IN FACT, A LOT OF TIMES, A FEW TIMES, UM, WE'VE EVEN HAD SOME RECENTLY WHERE IT JUST GETS PUT ON OUR SCHEDULE SORT OF AUTOMATICALLY, THEN IT WILL BE POSTPONED FOR, UM, THE NEXT MEETING OR THE MEETING IMMEDIATELY AFTER THE ZONING AND PLANNING COMMISSION MEETING.

IS THERE, THIS IS MORE FOR STAFF.

IS THERE TIME IN THE AUGUST MEETINGS WITH EVERYTHING COMING UP, BUDGET WISE, WHAT ARE THEY GOING TO BE DOING? THIS IS WENDY RHODES WITH THE CITY, UH, CITY STAFF FOR THIS, UM, THIS CASE IS, UM, THERE, THERE ARE ZONING CASES THAT WILL BE HELD ON THE AUGUST 27TH MEETING AT CITY COUNCIL.

SO IT COULD GO TO THAT MEETING IF IT IS POSTPONED TO EARLY AUGUST.

OKAY.

WE WILL BE BASICALLY PUTTING IT BACK FROM JULY 30TH AND AUGUST 7TH, SORT OF MOVE AWAY TO PUSH IT BACK TWO WEEKS.

COMMISSIONER KING.

THANK YOU.

AND I THINK THAT, UH, THE ADDITIONAL TWO WEEKS IS REASONABLE GIVEN THE COVID-19 ISSUES THAT THEY'RE TALKING ABOUT.

AND ONE

[00:15:01]

OF THE, THE ADJACENT PROPERTY OWNERS, UH, HAS SOME FAMILY HEALTH ISSUES THAT THEY NEED TO WORK THROUGH DURING THESE NEXT COUPLE OF WEEKS.

SO I THINK IT'S A VERY REASONABLE REQUEST AND THESE PROPERTY OWNERS ARE WILLING TO SIT DOWN AND WORK TOGETHER.

SO I THINK THIS ADDITIONAL TIME WILL HELP MAKE THE END PRODUCT BETTER.

SO I'M, I'M SUPPORTIVE OF THIS.

THANK YOU.

I'M ALSO GOING TO SUPPORT IT.

NOT NECESSARILY THE HEALTH REASONS, ALTHOUGH I'M A LITTLE INCLINED TO BE GENEROUS WITH COVID EVERYTHING SEEMS TO TAKE TWO TIMES AS LONG OR THAT I DON'T WANT TO GET INTO THE MERITS OF A DEED RESTRICTION DISCUSSION.

UH, I THINK THIS IS WORTH THE TIME.

UM, YEAH.

AND SO I'M GOING TO SUPPORT IT FOR A MONTH.

OKAY.

THANK YOU.

ANYBODY ELSE? IF NOT.

OKAY.

ALL THOSE IN FAVOR OF POSTPONING IT TALK AUGUST 4TH.

THAT WAS IT.

AUGUST 4TH.

IN FACT, I DIDN'T WRITE IT DOWN, BUT I ASSUME THAT WAS, UM, PLEASE RAISE YOUR HAND.

OKAY.

I SEE COMMISSIONER DENTLER, COMMISSIONER DUNKIN, COMMISSIONER KING COMMISSIONER, GARY COMMISSIONER.

BERRERA RAMIREZ OR VICE-CHAIR BURRELL RAMIREZ, COMMISSIONER, RAY COMMISSIONER BRAY, AND COME AND ME AND FAVOR AND, UM, UH, POST I SEE COMMISSIONER EVANS AND COMMISSIONER SMITH.

OKAY.

SO THE MOTION PASSES EIGHT TO TWO.

OKAY.

THANK YOU.

AND THEN NEXT ON OUR AGENDA IS, UH, CON UM,

[Item B4 (Part 1 of 2)]

B FOUR AND THAT IS HEATHER CHAFING AS THE STAFF PERSON OKAY.

HEATHER, ARE YOU THERE? SURE.

COMMISSION RATES ON ANDREW AIR STAFF IS CALLING BACK IN.

THANK YOU.

STAFF REMINDER, SELECT STAR SIX TO STATE TIMBERTECH SEVEN OUT OF ORDER.

AND COME BACK TO THIS.

SORRY.

I GOT CUT OFF BY AN AMBER ALERT OR SOMETHING ON MY PHONE.

CAN YOU GUYS HEAR ME NOW? YES, WE CAN.

THANK YOU SO MUCH.

OKAY.

UM, I'M GONNA START OVER.

CAUSE I THINK I GOT CUT OFF AT THE VERY BEGINNING, A WHOLE CHAPTER ON PLANNING AND ZONING CASE.

CALLED ONE WAY OUT.

THE REQUEST IS TO GO FROM G R E O T L R M U A 4.6 ACRE PROPERTY AT 5,601 LOOKS IN LINE, THE SOUTHWEST CORNER OF NIXON LANE AND FM NINE 69.

THERE'S CURRENTLY

[00:20:01]

A SINGLE FAMILY HOUSE ON THE SIDE FACING NIXON LANE.

MOST OF THE PROPERTIES IS DEVELOPED EXISTING CONDITIONAL OVERLAY.

AS I SAID, IT'S GRC LIMITS THE PROPERTY 2000 TRIPS PER DAY, VEHICULAR TRIPS PER DAY TO THE NORTH ACROSS NINE 69 IS A MIX OF LOCAL COMMERCIAL AND RESIDENTIAL LAND USES THERE'S CONVENIENCE STORE, A LARGE UNDEVELOPED PARCEL, A COUPLE SMALL SINGLE FAMILY PROPERTIES AND SF TWO, AS WELL AS THE LARGER A GAVI NEIGHBORHOOD, KIND OF TO THE NORTHWEST CROSS NIXON LANE TO THE EAST IS THE GAS STATION IS GOING TO LR AND THE LIQUOR STORES.

AND YES, ONE ALSO ACROSS NIXON LANE.

A LITTLE BIT TO THE SOUTH AND SOUTHEAST ARE SINGLE FAMILY RESIDENCES VAN SF TO IMMEDIATELY STOP AT THE PROPERTY IS LAND THEN SF TO ANSI S THAT'S A SINGLE FAMILY RESIDENCE AND THE DOG KENNEL.

AND THAT'S ALSO A LITTLE BIT TO THE LEFT.

UM, IMMEDIATELY WITH THE, THE PROPERTY IS LAND ZONED F TO M P PUBLIC CONTAINS AN OVERHEAD ELECTRIC UTILITY EASEMENT AND RAILROAD RIGHT AWAY.

MOST OF THIS PROPERTY IS LOCATED WITHIN THE A HUNDRED YEAR FLOOD.

PLAIN ALSO HAVE, UM, SOME OF THE CITY CREEK BUFFERS AND SETBACKS.

SO THE PROPERTY IS, UH, SIGNIFICANTLY AFFECTED BY THOSE AND THE DEVELOPMENT WOULD HAVE TO BE ON THE EASTERN PORTION OF THE LOT.

WE HAVE RECEIVED CORRESPONDENCE IN FAVOR OF THE REQUEST.

I UNDERSTAND THERE IS SOMEONE IN OPPOSITION THAT A CORRESPONDENCE CAME IN A BIT LATER.

WE SUPPORT L R N U.

IT IS A DOWN ZONING FROM GRC.

OH, IT WERE THIS WHOLE BY ADDING THEM, YOU WILL ALSO ALLOW THE POSSIBILITY OF COMMERCIAL, RESIDENTIAL, OR MIXED USE DEVELOPMENT.

UH, THIS WILL BE CONSISTENT WITH THE SURROUNDING LAND USES, WHICH ARE A MIX OF RESIDENTIAL AND COMMERCIAL.

ALSO, THIS IS DESIGNATED IN IMAGINE AUSTIN AS AN ACTIVITY CORRIDOR, WHICH IS APPROPRIATE FOR YOU.

AND THAT, THAT PRETTY MUCH SUMS UP MY PRESENTATION.

OKAY.

THANK YOU.

AND THEN WE HAVE SIGNED UP TO SPEAK, UH, THE APPLICANT.

UM, YES, THE APPLICANT MOHAMMED.

RAMI, ARE YOU THERE? HELLO, MR. RAMI PARTICIPANTS REMINDER, SELECT STAR SIX TO SPEAK.

MR. RAMI, ARE YOU THERE? MR. RAMI.

YES.

MA'AM I'M HERE.

HELLO.

AND ANYBODY HEAR ME? YES, WE CAN HEAR YOU.

THANK YOU.

OKAY.

NOW YOU CAN GO AHEAD AND SPEAK.

YOU HAVE THREE MINUTES.

OH, OKAY.

UM, IT'S 4.7 ACRE OF LAND AS THE LADY SAID IN HER PRESENTATION, MOSTLY THE UNDER A HUNDRED YEAR FLOOD.

AND I'D BEEN TRYING TO DEVELOP THE PROPERTY SINCE 2004, BUT THAT HAD ALL KINDS OF SETBACK DUE TO DIFFERENT THINGS IN THE LIFE.

AND, UH, SHE MENTIONED I HAVE GR ON IT, WHICH IS A GOOD ZONING, BUT I'M DONE GRADING DUE TO THE FACT THAT IT MATCHES THE SURROUNDING.

IT ALSO ALLOW ME TO GO HORIZONTAL RATHER THAN WHERE TO CALL.

I MIGHT WRITE OR GO WHERE TICKLE RATHER THAN HORIZONTAL.

IT GIVES ME A LITTLE LEVER OVER THERE, BUT ALL

[00:25:01]

IN ALL, IT'S A GOOD PIECE OF PROPERTY, AS I'M FORTUNATE THAT MOST OF IT IS IN THAT A HUNDRED YEAR FLOOD, AS SHE SAID IS RIGHT THERE BY THE NIXON LANE AND NINE 69.

AND THAT IS ALMOST ALMOST ONE, A ABOUT ONE MILE EAST OF ONE 83 ON NINE 69.

AND, UH, A SURROUNDING AREA AGAIN IS MOSTLY COMMERCIAL SLASH RESIDENTIAL THINGS IN THE NATURE.

BUT NINE 69 HAS BEEN READY, VERY BUSY SINCE IN 2014, IT HAS CHANGED AROUND HERE.

THERE WAS A LOT OF DEVELOPMENT GOING IN EAST AUSTIN, WHICH INCLUDE THIS TRACK OF LAND OFF OF THIS NINE 69.

IT'S IN A WAY IT'S A SHAME THAT MOST OF IT CANNOT BE USED.

BUT AS I SAID, IT'S VERY, VERY NICE PIECE OF PROPERTY, NINE 69 GOING TOWARD EAST, WHICH IN A WAY IS ONE WAY TO AUSTIN AIRPORT.

LET'S SAY FOR ANY REASON, ONE 83 IS CLOSE FOR WHATEVER REASON, NINE 69 WOULD BE THE BEST TWO MILES DOWN THE ROAD THROUGH Y'ALL RIGHT THERE ON NINE 73, YOU TAKE A RIGHT TURN YOU ON 71, AIRPORT IS TWO, RIGHT? SO IT NEEDS TO BE DEVELOPED.

THAT'S WHAT I'M TRYING TO DO.

AND I DO APPRECIATE IF YOU GUYS BE IN FAVOR OF ALLOWING ME TO GET TO THIS ZONING SO I COULD MOVE ON WITH THE PROPERTY.

THANK YOU FOR LISTENING.

OKAY.

THANK YOU.

AND I BELIEVE IS IT DOESN'T LOOK LIKE THERE'S ANYBODY ELSE SIGNED UP TO SPEAK IN FAVOR? SO I WILL GO TO ZENOBIA AND OH, BUT MR. RAMI, JUST STAY ON THE LINE, MAKE SURE.

CAUSE YOU WILL HAVE A CHANCE TO REBUT.

UM, NOW WE GO ONTO, UH, BUT NOW WE'LL GO ON TO THE, UM, ZENOBIA JOSEPH WHO HAS SIGNED UP TO SPEAK IN OPPOSITION AND MS. JOSEPH, YOU WILL HAVE THREE MINUTES.

THANK YOU.

AND SO THERE'LL BE A, JUST LET US KNOW WHEN YOU'RE THERE.

SURE.

YES.

I RECEIVED A, I GOT COPIED ON AN EMAIL FROM MS. JOSEPH REGARDING, UH, SHE'S HAVING TROUBLE CALLING IN DARLING IN, I THINK SHE'S IN CONTACT WITH ANDREW.

MAYBE HE HAS MORE INFORMATION ABOUT THE ISSUE THERE.

OKAY, GREAT.

AND YEAH, I JUST SAW SOMETHING OH SIX.

THE APPLICANT GETS SIX MINUTES.

WHOOPS.

UM, YES.

DO WE WANT TO SURE.

COMMISSION LIAISON AND I DID NOT HAVE MS. JOSEPH ON THE LINE.

I REACHED OUT TO HER, BUT, UM, HAVING NOT RECEIVED ANYTHING.

OKAY.

CORRECTION, I DO HAVE A EMAIL THAT SHE'S SENT, UM, TO MYSELF AND MS. COMMISSIONER KING.

OKAY.

MS. JOSEPH, WE COULD, WE CAN TABLE THIS, I BELIEVE UNTIL, OR WE COULD JUST, MAYBE JUST ONE OR TWO MORE MINUTES.

IT WOULD PROBABLY MORE BE MORE STRAIGHTFORWARD TO JUST PATIENT AND THROUGH DEAD SPACE.

THIS IS WHERE THE MUSIC WOULD HELP.

YEAH, I'LL DRINK.

YES.

UH, I, I'M NOT SURE.

UM, YOU KNOW, WHAT THE ISSUE IS, BUT, UH, THE EMAIL I, I W I WAS COPIED ON WAS IN REGARD TO CALLING IN ON THIS ITEM.

UM, SO I DON'T KNOW IF SHE'S, IF SHE'S HAVING TROUBLE CALLING IN OR WHAT THE ISSUE IS.

I, I'M NOT SURE IT IS.

MAYBE UNDER CAN TELL US, IS THERE A NUMBER THAT FOLKS ARE GIVEN TO CALL IN OR, OR DO

[00:30:01]

MAYBE SHE NEEDS, DOESN'T HAVE THE NUMBER TO CALL IN ON, DO WE, DO WE PROVIDE A NUMBER FOR THEM TO CALL IN ON, ON ANDROID? YES.

OKAY.

SO WE DO HAVE A PHONE NUMBER, BUT SHE'S OKAY.

THANK YOU, ANDREW.

I JUST WANT TO MAKE SURE SHE HAD THAT CALL IN NUMBER.

THANK YOU.

WE NEVER THOUGHT ABOUT HAVING A SUB COMMITTEE WORKSHOP ON VIRTUAL CONFERENCING.

I'M SORRY, BUT THIS IS RIDICULOUS.

WELL, WE, WE WILL, WE, WE, WE WILL BE DISCUSSING THE RESOLUTION SO WE WILL NOT, AND THAT'S SAY, SAVE YOUR, SAVE YOUR FEELINGS FOR THEM.

AND WE WILL HOPEFULLY BE CONSTRUCTIVE.

OKAY.

AND I FEEL LIKE I CAN'T EVEN CHAT BECAUSE, WELL, THE ITEM, OKAY.

THAT SOUNDS LIKE MAYBE WE HAVE SOMEBODY OR IT'S AN OB AND JOSEPH, ARE YOU THERE? ANDREW NOT RECEIVED AN EMAIL NORTH HAVE MS. JOSEPH IS NOT ON THE CONFERENCE LINE.

OKAY.

AND I GOT AN EMAIL.

OKAY.

THAT'S WHAT I, UH, I NEED THE CODE TO CALL.

I GOT AN EMAIL FROM HER JUST NOW.

UM, SO I WOULDN'T KNOW WHAT TO, WHAT NUMBER TO GIVE HER.

SO, BUT SHE DID SAY I NEED THE CODE TO CALL AND THAT WAS IT.

WHY DON'T WE TABLE? IT SHOULD GO TO SEVEN.

OKAY.

HOW DOES THAT SOUND? OH YEAH.

THAT'S ACTUALLY THE NEXT THING.

YEAH, WE DID.

WE CONSENT SEVEN WAS SO HAPPINESS.

SO WE WOULD ACTUALLY JUST BE GOING TO ITEMS FROM THE COMMISSION WOULD BE DISCUSSED AND CONSIDER RECOMMENDATIONS TO COUNCIL REGARDING VIRTUAL MEETINGS.

THAT'S APPROPRIATE.

YEAH.

READY TO GO.

RIGHT.

I THINK, UH, WOULD WE NEED A MOTION TO TABLE OR DO WE FEEL LIKE, CAUSE I FEEL LIKE I CAN'T, I HONESTLY FEEL LIKE I'M JUST HELPLESS HERE BECAUSE I WOULDN'T KNOW THE CODE TO CALL OR I'M NOT HANDLING ANY OF THIS TECHNICAL STUFF.

THANK GOODNESS.

I SAW, I SAW IN AN EMAIL, THE PHONE NUMBER IS PRETTY IT'S IN HER EMAIL.

ANDREW JUST SENT US HIS RESPONSE TO HER AND IT'S GOT THE EMAIL PRETTY CLEARLY WRITTEN ON THE CODE.

I DON'T KNOW IF I CAN JUST SAY IT OUT LOUD RIGHT NOW, BUT IT'S IN A FEMALE.

THAT'S OKAY.

I THINK THAT MIGHT BE HER NUMBER.

YEAH.

I, AND I WAS WONDERING IF THAT WAS HER NUMBER, SO I DIDN'T WANT TO SAY IT.

UM, SO I, I, UM, ANDREW AND TECHNICAL STAFF, ARE YOU, THEY'RE WORKING WITH ZENOBIA JOSEPH CAUSE MAYBE WE COULD JUST GO, WE COULD ADVANCE TO OUR NEXT AGENDA ITEM.

OR DO YOU FEEL LIKE YOU'RE CLOSE? SURE.

CONDITIONALLY RESCINDED ME, EMAILED TO HER.

OKAY, GREAT.

I GUESS SO I'M PLANNING AND SUMMING UP.

BRI SENT IT TO HER.

OKAY.

THANKS THE POSSIBLE TO TEXT HER.

WELL, ACTUALLY TO BE REALLY ALL, I BELIEVE TO BE ALL ABOVE BOARD AND HAVE ALL OF OUR COMMUNICATIONS ONLINE, CATHERINE.

UM, I THINK IT'S BETTER TO, ALTHOUGH WE DID EMAIL, BUT SOMEBODY COULD TRY.

I THINK IF SHE'S FOLLOWING THROUGH ON A FOLLOWING ON HER EMAILS ALSO, MAYBE SHE WILL GET THIS SOON AND MAYBE GIVE US ANOTHER MINUTE.

HELLO.

ANYBODY? I WAS GOING TO SAY, THIS MIGHT BE A LITTLE UNCONVENTIONAL, BUT COULD WE HAVE SOMEONE CALL HER AND THEN HAVE THEIR PHONE CONNECTED, BUT JUST HAVE THEIR PHONE CALL ON YOUR PHONE IN THE HYDROPHONE NEXT TO YOUR COMPUTER SO WE CAN HEAR, OH, THAT'S AN IDEA.

UM, AND ANDREW, WOULD THAT BE POSSIBLE? I'M NOT SURE BY PHONE NUMBER.

I WILL.

I'M SURE.

ANDREW WILL LOOK ALSO TAKE A MINUTE.

OKAY.

THANKS.

AND THEN WHY NOT? WE'VE SPENT A FEW MINUTES ON THIS ALREADY, ALTHOUGH WE ALSO DO HAVE THE APPLICANT WAITING

[00:35:01]

FOR HIS REBUTTAL.

SO I ALMOST DON'T WANT TO INTERRUPT, UM, ANY UPDATE.

OKAY.

COMMISSIONER KING.

I JUST SENT ANOTHER EMAIL.

SHE'S SAYING SHE NEEDS THE CODE.

SO MAYBE IT'S THE MEETING CODE THAT SHE NEEDS TO THE MEETING NUMBER CODE.

I DON'T KNOW.

SHE'S ASKING FOR ADVICE.

SO WE'RE THE MEETING COLORS EACH.

UM, I, DON'T A WAY TO TEXT IT TO HER.

UM, AND I'M GONNA, WHY DON'T WE, I THINK AT THIS POINT, UM, I SEE THAT ANDREW HAS SENT, HAS SENT IT TO HER, THE PHONE NUMBER AND THE CONFERENCE ID NUMBER.

SO ONE MORE MINUTE, AND THEN WE WILL GO ON TO ONE IN A VERY TIMELY FASHION, OUR, OUR RECOMMENDATION ON REGARDING VIRTUAL MEETINGS.

SO, BUT I WILL JUST GIVE IT ONE MORE MINUTE AS I SAID, ESPECIALLY CAUSE WE HAVE MR. RAMI WAITING FOR HIS REBUTTAL AND WE ALSO HAVE HEATHER IN HERE.

WHAT EIGHT, READY TO GO? AND IT'D BE NICE TO GIVE THEM AN EARLY NIGHT AND ANNE, I SEE YOUR LIPS MOVING, BUT I DON'T HEAR ANYTHING.

MISSIONARY THINGS, CLAIRE, I APOLOGIZE.

UM, SO ARE YOU PROPOSING TO TABLE THE ITEMS AND THEN COME BACK TO IT? I WOULD LIKE TO DO IT NOW BECAUSE WE ARE VIRTUALLY IN THE MIDDLE OF IT, BUT THIS IS MAY, THIS HAS GONE ON A LITTLE BIT TOO LONG, SO I'LL GIVE IT LIKE ONE OR TWO MORE MINUTES BECAUSE WE DO HAVE THE APPLICANT ONLINE.

WE HAVE HEATHER ON OUR CITY STAFF ONLINE.

I THINK WE SHOULD JUST GO AHEAD.

IF WE CAN HAVE A QUICK RESOLUTION, IT SEEMS LIKE WE ARE ON THE VERGE AND I HAVEN'T GOTTEN ANYTHING.

ANY OTHER EMAILS? ANY WORD FROM MS. MS. JOSEPH.

OKAY.

THEN CAN WE DISCUSS THIS ITEM AMONG OURSELVES AND DENNIS? SHE IN CAN BE LIKE, SO PUBLIC TESTIMONY OPEN AND START DISCUSSING IT OR WE HAVE TO WAIT FOR ALL A COUPLE OF TESTIMONY CHAIR.

I JUST GOT AN EMAIL SHE'S ON THE LINE WAITING.

OKAY, GO AHEAD.

OKAY.

GO.

UM, I BELIEVE COREY IS OUR TECH PERSON AND ANDREW, CAN YOU HELP HER? CAN WE GET HER ONTO, INTO THE SHE'S ONLINE? SO SHE MUST BE ON THE VERGE OF CALLING IN ANDREW AND MS. JOSEPH, HAVE YOU BEEN ABLE TO TALK WITH HIM? I KNOW THIS IS, OH, I'M SORRY.

THIS WAS LIKE A KEYSTONE COP COMEDY.

I'M HOPING THAT DING IS SOMEBODY CALLING IN MS. JOSEPH, ARE YOU THERE OR ANDREW, DO YOU HAVE AN UPDATE OR COREY? I'M GOING TO ASSUME.

COREY IS STILL OUR TECH PERSON.

DO YOU HAVE AN UPDATE? SO CONDITIONED LACE ON ANDROID.

I JUST SENT YOU AN EMAIL AND MESSAGE INFORMING THAT WE DO NOT HAVE THE REGISTER NUMBER ONLINE AND ASKING S SHE HAS A SEPARATE NUMBER OR A WAY TO CONTACT HER.

OKAY.

THEN I WOULD SAY, GIVEN THIS, THAT WE DO MOVE ON TO C ONE, BECAUSE THIS IS DEFINITELY GETTING A LITTLE BIT MORE.

THIS HAS TAKEN UP SOME TIME.

AND SO, UM, MR. RAMI AND HEATHER AND JOSEPH, WE'LL GET TO YOU AFTER WE

[Item C1 (Part 1 of 2)]

DISCUSS C1.

AND THAT IS DISCUSSING CONSIDER RECOMMENDATIONS TO COUNCIL REGARDING VIRTUAL MEETINGS.

HOW TIMELY SPONSORS, VICE-CHAIR BOROUGH RAMIREZ COMMISSIONERS THAT GARY DUNKIN KING AND BRAY FROM THEIR WORKING GROUP.

MR. KING DANCLER.

YES.

ARE YOU, UH, YOU'RE STILL OKAY.

I'M SORRY.

I USE A MOUSE, NOT A LAPTOP.

UM, YOU HAVE TO TAMPER

[00:40:01]

WITH, UM, THERE HAS TO BE A MOTION TO TABLE A SECOND, AND THEN WE BRING IT BACK DOWN THE HEARINGS FOR BY COMMISSIONER DANGLER, UH, BY COMMISSIONER DUNKIN TO TABLE THIS, ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND AND IT LOOKS LIKE IT'S UNANIMOUS.

OKAY, THEN AND NOW SEE WHAT? AND I'LL JUST PASS THIS ON TO VICE CHAIR.

BERERRA RAMIREZ.

OH, COMMISSIONER GILLREY I DID.

I WAS DOUBLE CHECKING THIS.

UM, MR. EBEN FOSTER VOTING ON THAT.

YES.

I DIDN'T SEE HIS HANDLER.

OH, COMMISSIONER DID NOT GO UP.

I HAD CLICKED SEVERAL TIMES TO SEE IF I COULD GET IN AND COMMENT ON THIS, BUT IT'S LIKE, YOU'VE GONE AHEAD WITHOUT THAT OPPORTUNITY.

I AM.

I APOLOGIZE.

COMMISSIONER EVANS.

SO LET'S YEAH.

LET'S UM, AND I, I, I DID, I DIDN'T SEE YOU IN THE TINY SCREEN.

OKAY.

SO, UM, WE COULD, WE DIDN'T, I DIDN'T TAKE A NOTE.

I DIDN'T TAKE A VOTE, SO IT'S NOT OFFICIAL YET.

SO COMMISSIONER EVANS, GO AHEAD AND SPEAK.

WELL, YOU'VE ALREADY GONE AHEAD WITH THE MOTION, WHICH I DON'T THINK IS ACCEPTABLE UNDER THE CIRCUMSTANCES.

SO I'LL JUST CAST THE BOAT AS A THOUGHT APPROACH.

I UNDERSTAND THAT.

AND WHY DON'T I ACTUALLY JUST SEE IF WE CAN WE HAVE THE NOTE? CAUSE I AGREE MY HEART IS WITH YOU ON THIS BECAUSE WE DO HAVE THE APPLICANT GOING ON.

UH, THAT'D BE IN THE CASE, THE THING IS, IS, IS THIS PARTICULAR PERSON WAS ABLE TO GET IN SUCCESSFULLY ON OUR LAST MEETING.

SO, UH, EXTRACT THE SAME KIND OF INSTRUCTIONS AT WORK.

LAST TIME SHE'D WORK THIS TIME.

I THINK WE SHOULD GO AHEAD AND CONTINUE WITH THIS CASE, WHATEVER ACTION WE TAKE, IT CAN GO TO COUNCIL.

AND AT THAT TIME, IF THEY OPPOSITION IS STILL THERE AND SHE WISHES TO SPEAK, SHE COULD SPEAK TO COUNCIL, BUT I DON'T THINK WE'RE BEING FAIR WITH THE APPLICANT OR OUR TIME EITHER ON THIS.

YES, ANDREW, MRS. JOSEPH INFORMED ME THAT SHE IS CALLED IN ON A UNREGISTERED NUMBER.

WE CURRENTLY HAVE HER ON THE LINE NOW.

[Item B4 (Part 2 of 2)]

WELL, THAT ENDS THAT.

SO WE CAN GO BACK TO B FOUR AND THAT POINT TAKEN COMMISSIONER EVANS AND SOMETHING TO THINK ABOUT FOR C1.

OKAY.

IS ENOVIA JOSEPH, YOU WILL HAVE THREE MINUTES TO SPEAK IN OPPOSITION, MS. JOSEPH .

THANK YOU.

MADAM CHAIR MEMBERS.

I APOLOGIZE AND APPRECIATE YOUR PATIENCE COMES IN OVER HERE, JOSEPH.

I JUST WANTED TO MAKE A FEW COMMENTS.

MY OPPOSITION IS NOT SO MUCH TO LR.

I THINK THAT'S APPROPRIATE.

I NOTICED THAT GR WOULD ALLOW FOR THE PAWN SHOPS AND THINGS OF THAT SORT.

WHEREAS LR DOES NOT.

MY OPPOSITION IS REALLY TO THE NEIGHBORING, UM, AREAS ON FM NINE 69 AND ACTIVITY CORRIDOR.

IN PARTICULAR, IF YOU'LL LOOK FOR THE, UH, IN YOUR MAILBOX, I DID SEND YOU IMAGES OF THE CORRIDOR, AND I WANT YOU TO RECOGNIZE THAT THERE'S NO CONTINUOUS SIDEWALK FROM FM NINE 69 TO US ONE 83, ALL THE WAY TO DECKER LANE.

I WANT YOU TO UNDERSTAND AS WELL THAT AT FM NINE 69 AND ONE 83, JUNE 23RD, 2020, THE PLANNING COMMISSION ACTUALLY APPROVED TWO DIFFERENT AREAS FOR, UM, IT'S A WELDING LOCATION, RIGHT AT THE CORNER OF CEROS.

THE NAME OF THE COMPANY, IT'S A WELDING.

THAT PARTICULAR PARCEL OF LAND WOULD HAVE APPROXIMATELY 500 UNITS.

AND THERE'S JUST ONE INGRESS, ONE EGRESS THERE'S APPROXIMATELY 28,000 CARS THAT ACTUALLY HAVE VEHICLES PER DAY IN THE AREA THAT NEARS U S ONE 83.

THERE WAS NO DISCUSSION ABOUT THAT ADJACENT PROPERTY IN THE 1.2 MILES FROM THE PROPERTY WE'RE DISCUSSING.

NOW, WHEN IT WENT BEFORE THE PLANNING COMMISSION, ONE OF THE PROBLEMS IS THAT IN 2007, THAT SITE WAS ACTUALLY ZONED MIXED USE.

IT CHANGED TO INDUSTRIAL.

AND THEN WHEN IT WAS BEFORE THE PLANNING COMMISSION ON JUNE 23RD, THERE WAS NO DISCUSSION ABOUT THAT INDUSTRIAL SITE.

AND SO PART OF MY OPPOSITION IS THAT I BELIEVE THERE NEEDS TO BE SOME HAZARD MATERIAL ANALYSIS DONE ON THE CORRIDOR.

AND SO I JUST WOULD ASK YOU TO TAKE THAT INTO CONSIDERATION.

THE OTHER THING THAT I'M OPPOSED TO IS THAT THE PLANNING COMMISSION ALSO APPROVED A LIQUOR STORE FOR FM NINE 69 IN CRAIG WOOD AND ON THE PROPERTY THAT WE'RE TALKING ABOUT TONIGHT,

[00:45:01]

THERE'S A LIQUOR STORE.

IT'S JUST ABOUT ONE MILE AWAY.

AND THE ONLY OTHER MIXED USE IN THAT AREA IS SERVICE STATION.

SO I'M ASKING FOR A MORATORIUM ON SERVICE STATIONS OR SOME KIND OF CONDITIONAL OVERLAY BECAUSE YOU ACTUALLY HAVE THREE SERVICE STATIONS IN A QUARTER MILE DISTANCE FROM FM NINE 69.

THERE'S THE SHELL GAS STATION.

WHEN YOU GET TO CRAIG WOOD, THERE'S A TECHNICAL AND THEY'RE JUST OPENED UP A CHEVRON.

AND THEN WHEN YOU GET TO THE PROPERTY WE'RE DISCUSSING THERE'S ANOTHER SERVICE STATION.

SO MIXED USE DEVELOPMENT CAN NOT JUST BE LIQUOR STORES AND, UH, SERVICE STATIONS.

AND I JUST WANT YOU TO UNDERSTAND CRAIG WOOD IS A PREDOMINANTLY AFRICAN AMERICAN NEIGHBORHOOD.

THE OTHER REASON IT'S NOT AN ACTIVITY CORRIDOR IS THAT IT'S NOT BIKEABLE AND IT'S NOT WALKABLE.

ONE OF THE THINGS I WANT YOU TO UNDERSTAND IS THAT THE CAPITAL METRO HAS NO INTENTION OF ACTUALLY IMPROVING THE BUS SERVICE IN THAT AREA.

AND SO I WANT YOU TO GO BACK TO YOUR OCTOBER 16, 2018 MEETING WHEN YOU ACTUALLY PARTIALLY APPROVED THE ZONING CHANGE.

IT WAS A GENTLEMAN WHO WAS 80 YEARS OLD THAT WENT BEFORE YOU AND SHOWED YOU HIS PROPERTY.

AND THAT'S ABOUT THE SAME AREA THAT WE'RE DISCUSSING TONIGHT.

SO I'M JUST ASKING YOU TO PARTIALLY APPROVE WHAT IS BEING REQUESTED.

AND I WOULD ASK YOU TO ALSO RECOGNIZE THAT, UM, AS IT RELATES TO, UH, LET ME SEE WHAT ELSE I HAD HERE.

UM, THE INDUSTRIAL THERE'S, UM, I ACTUALLY PUT IT IN YOUR, IN THE MEMORANDUM THAT I SENT YOU AND THE TRANSITION ADJACENT IN NEARBY ZONING DISTRICTS, LAND USES AND DEVELOPMENT INTENSITIES.

I INCLUDED A LETTER FROM THE PLANNING COMMISSION WHERE THE, UM, THE EAST MLK NEIGHBORHOOD, THE PLANNING CONTACT TEAM INCLUDED THEIR INPUT AS WELL.

AND PART OF THE CONCERN WAS TRAFFIC IN THE AREA, AND THEY ALSO WANTED TO RESTRICT IT TO 80% AREA, MEDIAN, FAMILY INCOME, AND THAT WAS NOT DONE.

SO I JUST WOULD ASK YOU TO TAKE THESE THINGS IN CONSIDERATION, IN THE LOOK IN YOUR MAILBOX.

YOU'LL ACTUALLY SEE THE PICTURES.

AND I ALSO PUT THE INFORMATION ABOUT CAPITAL METRO FROM THE 2014 ANALYSIS DONE BY THE CITY OF AUSTIN.

AND I'VE, IF YOU HAVE ANY QUESTIONS, I'LL GLADLY ANSWER THEM AT THIS TIME AND SORRY, IT TOOK SO LONG TO GET THROUGH.

OKAY.

THANK YOU VERY MUCH, MS. JOSEPH AND I, AND NOW THE APPLICANT, MR. RAMI, YOU WILL HAVE, UM, THREE MINUTES FOR REBUTTAL.

YES, YES WE CAN.

OKAY, GREAT.

UH, I DON'T KNOW, UH, CONCERN ABOUT THAT, WHATEVER THEY ARE MOVED OVER THERE BY AN ARROW WITH 500 WHATEVER UNITS SHE'S TALKING.

I GOT THAT INFORMATION AS WELL, BUT IT'S ABOUT MILE AND A HALF, ALMOST, ALMOST A MILE AWAY FROM MY PROPERTY.

AND AS FAR AS THE LIQUOR STORE SHOES, RIGHT, THERE IS ONE ALREADY RIGHT ACROSS FROM ME, AND THEN THEY ALREADY APPROVE ANOTHER ONE.

I DON'T KNOW THE APPROVED ONE WHERE THEY'RE BY CRAIG BOOTH, BUT THAT'S SOMETHING THAT CITY OF AUSTIN OR CIVIC COUNCIL, THEY DECIDED AS NOTHING TO DO WITH ME.

MY INTENTION IS NOT TO PUT A LIQUOR STORE.

I'M TRYING TO PUT A MIXED USE KIND OF LIKE OFFICE.

IS IT INSURANCE THINGS IN THE NATURE.

AND THAT'S WHY I CHOSE TO GO THIS DIRECTION.

AS FAR AS MOTHERHOOD I HAVE ALREADY, WHICH, UH, IS IT GOOD ZONING? AND THE ONLY SETBACK WITH THAT IS IT'S HARD TO BUILD SOMETHING AT A GOOD SIZE DUE TO THAT UNDER YOU'RE NOT PLAYING FOR A LOT, A BIG PORTION OF THE PROPERTY.

OTHER THAN THAT, MY ZONING IS JUST FINE.

UM, I WAS REALLY HAPPY WITH IT, BUT BECAUSE OF THE ENGINEERING DIFFICULTY OF IT, THERE IS NOT ENOUGH ROOM TO BUILD SOMETHING OF GOOD SIZE.

BY THE WAY, I ENDED UP, UH, IN 2004, WHEN I DID GO FOR A PEN, MISS DISCIPLE PERMIT FOR A RESTAURANT IN THAT SIDE, I ENDED UP GIVING CITY OF AUSTIN, A PORTION OF MY PROPERTY, BOTH A NINE 69 ON NIXON LANE, BECAUSE THEY NEEDED FOR FUTURE DEVELOPMENT AND ALL THAT WAS PART OF THAT AGREEMENT.

I DID, UH, I DID A SIGN ON THE REGISTER AND RECORDED WITH THE TRAVIS COUNTY, THAT THAT PART WAS GIVEN TO THE CITY OF AUSTIN.

THIS IS IN 2004 AND I HAVE TILL 2007 TO BUILD ON IT, BUT THERE WAS OTHER FEW THINGS IN MY LIFE PREVENTED ME OF BUILDING IT.

THEN I LOST THE SITE, BUT OTHERWISE THAT WOULD HAVE BEEN, THAT'S WHAT I'M IN THERE.

WE WOULDN'T BE TALKING TODAY ABOUT ANY CHANGES, BUT, UH, THE ONLY REASON I'M GOING FOR

[00:50:01]

THE ZONING, BECAUSE IT GIVES ME AN OPPORTUNITY TO GO UP IN THE AIR A LITTLE BIT IN ORDER TO BUILD SOMETHING THAT REALLY, AND TRULY FITS THE NEIGHBORHOOD.

WE DO NEED COMMERCIAL.

YOU DO NEED OFFICES, LIKE A DOCTOR'S OFFICE, LIKE A, I DUNNO, DENTIST OFFICE.

LIKE I TOLD HIM HIS OFFICE, ALONG WITH SOME PEOPLE RESIDING THERE, I WILL RESIDE IN WHAT I BE ABLE TO FILL SOMETHING THERE.

I OCCUPIED A PORTION OF IT AND LIVE THERE BECAUSE IT'S VERY CLOSE TO DOWNTOWN, VERY CLOSE TO THE AIRPORT IS VERY CLOSE TO THE UNIVERSITY OF TEXAS.

IT'S PRETTY CLOSE TO DECKER LAKE, WHICH IS A NICE LAKE POTENTIAL, BUT I LIKE FOR IT TO BE ABLE TO DO ALL THESE THINGS.

THANK YOU VERY MUCH, MR. RAMI.

AND NOW WE CAN CLOSE.

WE CAN VOTE TO CLOSE THE PUBLIC HEARING AND EVEN HAVE A MOTION.

OKAY.

COMMISSIONER DANGLER, SECONDED BY, UH, COMMISSIONER DUNCAN AND OKAY.

MOTION, DISCUSSION, WHATNOT.

AND THE QUESTION OF STAFF, JUST A QUICK ONE.

UM, MS. SHAPEN, WHAT DOES THAT, AND YOU, WHAT WOULD THAT MEAN? WHAT SHOULD THEY DO? WHERE DO WE TAKE A VOTE? I'M SORRY, TAKE A VOTE.

NO, SO I NEED TO VOTE TO CLOSE THE PUBLIC HEARING.

YOU'RE MUTED.

YEP.

ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING.

PLEASE RAISE YOUR HAND.

SORRY ABOUT THAT.

OKAY, GREAT.

IT'S YOUR NANA.

OKAY.

NOW, UM, STAFF QUESTION.

YES.

UM, PLANNING AND ZONING.

THE QUESTION ABOUT ADDING THE MEU.

THIS IS GENERALLY A DOWN ZONING FROM GRC O T L R N U M U ALLOWS THE POSSIBILITY OF RESIDENTIAL DEVELOPMENT ON THE PROPERTY.

IT STILL ALLOWS COMMERCIAL, NOT AS INTENSE COMMERCIAL AS IS CURRENTLY ALLOWED.

IT ALLOWS COMMERCIAL OR RESIDENTIAL OR A COMBINATION OF THE TWO.

I GUESS WHAT I WAS TRYING TO UNDERSTAND IS WHEN APARTMENTS BE DOABLE THERE OR NOT? NO.

OKAY.

AND THEN I KNOW ELLA DOES NOT ALLOW A LIQUOR STORE.

UH, DOES IT ALLOW A DRIVE FOR, OKAY.

I WOULD HAVE TO CHECK ON DRIVE THROUGH.

I BELIEVE IT DOES.

UM, AND GR DOES THE EXISTING ZONING REGARDING LRM YOU? I BELIEVE IT ALLOWS UP TO MS. LEVEL'S ZONING, BUT THEN AGAIN, THIS SITE IS VERY AFFECTED BY THE FLOOD POINT.

I PRESS MR. SMITH'S NOD THERE.

SO COMMISSIONER GARY.

SO QUESTION FOR STAFF.

UM, WELL THIS LAPAR GUEST STATION, I BELIEVE IT MIGHT, BUT I'M DOUBLE CHECKING.

IT DOES.

OKAY.

CAUSE THAT WOULD BE NOT POSITION TO A GAS STATION.

OKAY.

HEATHER, YOU HAD AN ANSWER.

I WAS JUST CONFIRMING.

YES, IT DOES ALLOW FOR AND GAS STATION.

OKAY.

AND COMMISSIONER KINGS.

THANK YOU.

AND I HEARD THE APPLICANT MENTIONED SEVERAL TIMES.

UH, IT SEEMED LIKE, UH, THE, I BELIEVE HE WAS TRYING TO INDICATE THAT THE EMMY WOULD GIVE HIM MORE HEIGHT.

MAYBE I MISUNDERSTOOD WHAT HE SAID, BUT I JUST WANT TO MAKE SURE THAT IT'S, THAT, YOU KNOW, EVERYONE UNDERSTANDS WHAT THIS ZONING CHANGE MEANS COMPARED TO WHAT'S ON THE GROUND.

NOW, MY UNDERSTANDING IS IT'S A REDUCTION IN HEIGHT.

YOU GO FROM GR TO LR AND IT'S A DECREASE IN THE IMPERVIOUS COVER LIMIT AS WELL.

SO IN MY UNDERSTANDING ALSO IS THAT MOU DOES NOT GRANT ADDITIONAL HEIGHT AND SINKING STAFF CLARIFY OR CONFIRM THAT PLEASE.

SURE.

L R ALLOWS 40 FEET.

THERE WERE THREE STORIES, JEEPER, LAOS, 60 FEET.

IT DOESN'T SPECIFY THE STORY.

SO IMPERVIOUS COVER IMPERVIOUS COVER.

I NEED TO LOOK AT MY WATERSHED IMPERVIOUS COVER IMPERVIOUS COVER PER ZONING IS REDUCED FROM 80, 90% TO 80%.

THE WATERSHED DOES AFFECT IT.

AND I NEED TO DOUBLE CHECK THOSE NUMBERS AND

[00:55:01]

MISSHAPEN THAT, THAT WATERSHED, THAT, THAT WOULD, WOULD THAT LIKELY REDUCE IT FURTHER FROM 80 I'M ALMOST THERE.

OH, I'M SORRY.

I, YOU KNOW, UH, I'LL, I'LL HELP, UM, COMMERCIAL.

UM, IT DEPENDS ON THE SITE AREA, THE BOTH SIDE AREAS OF TRANSFERS, BUT IT REALLY DOESN'T AFFECT IT VERY MUCH.

NO, IT DOESN'T AFFECT IT, BUT I JUST WANT TO MAKE SURE IT'S CLEAR THAT THE IMPERVIOUS COVER LIMIT GOES DOWN 10% UNDER THE PROPOSAL AND THE HEIGHT, THE MEU DESIGNATION DOES NOT GRANT ANY ADDITIONAL HIGH BEYOND THE LR ZONING.

IS THAT CORRECT? OKAY.

I'LL JUST MAKE SURE THAT THE APPLICANT UNDERSTANDS THAT TOO.

IF THE APPLICANT IS EXPECTING TO GET ADDITIONAL HEIGHT THAN THEN GET IT, THEN THAT'S NOT, THAT'S NOT GOING TO WORK OUT MY BEST.

I DON'T, I KNOW THAT'S HIS ISSUE, BUT I, YOU KNOW, I WANT TO MAKE SURE EVERYBODY UNDERSTANDS WHAT'S GOING ON HERE TONIGHT.

I THINK HE, THAT, I THINK HE DOESN'T DUNCAN, UH, TRIED TO GET MY BAGS ON THIS SITE.

I'M AT BEARINGS IS ALMOST ADJACENT TO THE FUTURE GREEN LINE OF METRO.

IS THAT NOT CORRECT? IT ALMOST THE BUDGET TO ME.

I DON'T KNOW.

I BELIEVE IT IS.

I DON'T KNOW IF THERE'S ANY, UH, WITH THE, UH, BUT IT SEEMS TO ME LIKE A VERY GOOD LOCATION FOR RESIDENTIAL.

AND IF YOU, I THINK IT'S THE ONLY TOOL TO GET THAT.

AM I NOT RIGHT OR WRONG? THANK YOU TO GET RESIDENTIAL, HEATHER CHAPMAN PLANNING AND ZONING TO GET RESIDENTIAL ON THIS SITE.

AND YOU REQUIRED.

THANK YOU, HEATHER AND COMMISSIONER SMITH.

HI.

I UNDERSTAND WHAT THE ASSET WAS.

I SUPPORT WHAT THE APP WANTS WHEN THEY SAY THAT THIS SITE IS SEVERELY IMPACTED BY THE FLOOD PLAIN.

IT IS CLEARLY IMPACTED BY THE FLOOD PLAIN THERE'S MAYBE A HUNDRED SQUARE FEET OF THE LOCAL AREA.

IT DOESN'T REALLY MATTER WHAT WE APPROVED VIRTUALLY.

NOTHING CAN BE BUILT OFF THIS THING OUTSIDE.

OKAY.

THANK YOU.

UM, YES.

AND, UM, EMOTION OR ANYTHING.

I MAKE A MOTION TO APPROVE THAT RECOMMENDATION FOR THE EMR. OKAY.

AND SECONDED BY COMMISSIONER DUNKIN.

HE HAD HIS HAND UP.

OKAY.

COMMISSIONER AND A TUNER.

DANCLER I HAVE A QUICK QUESTION OF THE APPLICANT.

WOULD HE BE AMENABLE TO PROHIBITING A SERVICE STATION ON THE SIDE, MR. RAMI, ARE YOU STILL THERE? NO.

WHAT WAS THE QUESTION PLEASE? UH, WOULD YOU BE ELMA ALLOWS YOU TO BUILD A SERVICE STATION AND WE HEARD FROM MS. ZENOBIA THAT THERE WERE QUITE A FEW WITHIN MILE.

THIS IS NOT A DO OR DIE ISSUE FOR ME, BUT I DO WORRY ABOUT THAT NEAR A FLOOD, PLAIN.

WOULD YOU BE OKAY IF WE REMOVED THAT ABILITY TO BUILD A SERVICE STATION FROM, UH, OUR RECOMMENDATION? OKAY.

IF YOU, WHAT YOU MEAN BY SERVICES STATION LIKE GAS STATION WITH THE PUMP, THINGS OF THAT NATURE.

I HAVE NO PROBLEM.

YOU ALL PUT THAT IN THERE.

OKAY.

THANK YOU.

COMMISSIONER SMITH.

I DON'T HAVE A PROBLEM REMOVING IT.

THIS, YOU HAD TO DO A RESTRICTED COMPASS TO DO THAT, AND I DON'T WANT TO PUT HER, YOU CAN, YOU CAN DO IT AS A CEO.

THAT'S ANOTHER THING I JUST, THE AMPLIFY WAS THAT IT DOESN'T MATTER.

YOU CAN'T BUILD ANYTHING ON ONE SIDE ANYWAY, CAUSE THE ONE, OKAY.

COMMISSIONER DUNCAN.

OKAY.

THANK YOU.

COMMISSIONER SMITH FOR COMMENT EARLIER, I'M LOOKING AT THE AREA AND IF, IF I'VE GOT THE RIGHT SITE, A BUDDY HAS BUDDY HAS CHEVRON STATION ON ONE SIDE AT A SERVICE STATION ACROSS THE STREET.

AND THE ONLY PART OF THIS SITE, I THINK YOU INDICATED IT MIGHT EVEN BE DEVELOPED FOR THE CORNER NEXT TO THE SERVICE STATION.

I DON'T, I DON'T THINK THEY'LL NEED TO PUT LIMITATIONS ON IT IF THE MARKET CALLS FOR IT.

SO BE IT.

OKAY.

AND COMMISSIONER, UM, WHO'S NEXT TO SPEAK? UM, YEAH.

OKAY.

COMMISSIONER GARY AND MYSELF AND OTHERS TO PUT ON MUTE WHILE YOU, UM, IF YOU'RE NOT SPEAKING, IT HELPS

[01:00:01]

PREVENT SORT OF AN ECHO CHAMBER, EVERYTHING AND I'LL HIT MUTE AND COMMISSIONER, I JUST WOULD, I'M REALLY SUPPORTING AND WOULD APPRECIATE THE REMOVAL OF THE SERVICE STATION OR A GAS STATION, ESPECIALLY BECAUSE IT'S SO CLOSE TO THE FLOOD, PLAIN.

UM, AND ALSO BECAUSE WE ALREADY HAVE EXISTING, SO THIS WOULD ADD SOME MORE DIVERSITY.

IF WE DID SOMETHING OTHER THAN A GAS STATION, COMMISSIONER EVANS, I THINK MR. SMITH HAS MADE IT FAIRLY CLEAR AND EVEN COMMISSIONER DUNKIN IS, HAS UNDERSTOOD THIS TO GO AND START PLAYING WITH THE ZONING.

WE'VE GOT A BASIC ZONING CASE OF WE'RE LOOKING AT LRM YOU TO TRY AND RESTRICT THINGS JUST BECAUSE THERE ARE SOME FEELING OF OBJECTION TO THEM.

I MEAN, THAT'S WHERE WE GOT INTO THIS QUAGMIRE, WE IN ALL OVER THE CITY AND WE'VE GOT REGULATIONS.

IF A SERVICE STATION WOULD IMPACT THE, TO THE CREEK BOTTOM, THEN THE CITY WILL TAKE CARE OF IT.

THERE'S WAYS TO GET THAT DONE IF THAT'S GOING TO HAPPEN.

SO LET'S, I MEAN, I CAN'T SUPPORT RESTRICTING THIS SITE ANY FURTHER.

IT'S ALREADY GOT ENOUGH ISSUES TO TRY TO DEAL WITH IF THERE'S ANY POSSIBILITY OF ANY DEVELOPMENT AT ALL.

THANK YOU, COMMISSIONER KING.

YES.

YOU KNOW, UH, I, I THINK WE WERE DEALING WITH SYMPTOMS, SYMPTOMS OF A LACK OF SMALL AREA PLANNING IN THIS AREA HERE.

YOU KNOW, I'M, I'M CONCERNED THAT THE CRAIG WOOD NEIGHBORHOOD, THAT'S JUST ADJACENT TO THIS AREA HERE REALLY WASN'T INVOLVED IN ANY OF THE PLANNING YEAR, ALTHOUGH THIS IS GOING TO AFFECT HIM.

AND SO, YOU KNOW, I JUST, I FEEL LIKE THAT, THAT TH TH THAT'D BECAUSE WE DON'T HAVE SMALL AREA PLANS, SO THAT THE AREA OF THE NEIGHBORHOODS THAT ARE IN THIS AREA CAN WORK TOGETHER AND DECIDE WHERE THEY WANT THIS KIND OF SERVICE OR THAT KIND OF SERVICE AND, AND WORK THIS OUT TOGETHER.

THEN WE, THEN EACH CASE BECOMES A ONE OFF.

IT BECOMES, YOU KNOW, THE NEXT, UH, YOU KNOW, UH, PRECEDENT AND BECAUSE THERE'S NO PLAN TO REFER BACK TO.

SO, YOU KNOW, I THINK IT IS REASONABLE TO SAY THAT THE ADJACENT NEIGHBORS ARE CONCERNED ABOUT THIS ISSUE OF THE STATION.

AND IT IS REASONABLE FOR US TO DO, TO PUT THIS LIMIT ON THERE BECAUSE THERE'S NO SMALL AREA PLANNING.

AND I THINK WE DO NEED THAT.

IF WE HAD SMALL AREA PLANNING, WE WOULD HAVE FEWER OF THESE ISSUES TO HAVE TO DEAL WITH WITH CEO'S.

AND THE FACT THAT ABOUT AFFORDABILITY, I UNDERSTAND THAT MOU IS GOOD FOR THIS SIDE AND WE NEED RESIDENTIAL.

THERE'S ALREADY RESIDENTIAL ON HERE.

SO I'M NOT AGAINST THE AMU, BUT WHERE'S THE AFFORDABILITY.

WE TALK ABOUT M U AND GRANTING THESE, THESE ZONING CATEGORIES, BUT THERE'S NO COMMUNITY BENEFITS THAT ARE COMMENSURATE.

AND I APPRECIATE THAT THIS APPLICANT IS COMING THROUGH AND REALLY SUPPORTING A DOWN ZONING ON THIS PROPERTY.

THAT'S I UNDERSTAND THAT HE'S TRYING TO WORK WITH EVERYBODY THERE, BUT I THINK THAT WE DO NEED TO HAVE A SMALL AREA PLANNING TO DEAL WITH THESE ISSUES.

OKAY.

COMMISSIONER EVANS, WE HAVE A LETTER FROM A NEIGHBORHOOD GROUP ADJACENT TO THAT AREA THAT SUPPORTED THIS ZONING.

UH, WE HAD NOBODY ELSE IN OPPOSITION, BUT WE WERE PRESENTED OPPOSITION WISE WAS A BROAD SPECTRUM OF WHAT'S GOING ON UP AND DOWN NINE 69.

WE'RE TALKING ABOUT ZONING FOR A PARTICULAR TRACK.

IT, A STAFF HAS LOOKED AT IT.

IT FITS IN WELL WITH WHAT, WHAT IS SURROUNDING THAT TOO.

AND I UNDERSTAND WHAT WE'RE SAYING ABOUT SMALL AREA PLANNING, BUT WE DON'T HAVE THAT.

WE CAN'T STOP THE WORLD UNTIL SOMETHING HAPPENS.

SO AGAIN, WE NEED, WE NEED TO MOVE FORWARD WITH THIS AND NOT GET INTO ALL THE, WHAT, WHAT IFS THAT ARE AVAILABLE.

OKAY.

COMMISSIONER BRAY.

IT JUST FEELS TO ME LIKE IT'S AN EXCESSIVE AMOUNT OF MICROMANAGEMENT TO SAY THAT THERE'S ALREADY ENOUGH GAS STATIONS THAT WE DON'T MEAN MORE.

LIKE, I THINK AS COMMISSIONER DUNKIN SAID, LIKE, LET THE MARKET DECIDE WITH THAT.

AND WHAT ARE GROUNDWATER REGULATIONS, IF THERE'S, I WOULD HOPE AND TRUST THAT IF THE GAS STATION WOULD CONTRIBUTE TO WATER QUALITY ISSUES THAT THAT WOULD BE DEALT WITH IN OUR WALLET, QUALITY REGULATIONS IN ANYTHING ON THAT FRONT, IF THE GAS STATION WOULDN'T BE A PRINTER, IT WOULD BE PRECLUDED BY THAT ASPECT OF IT.

IT JUST FEELS LIKE AN EXCESSIVE AMOUNT OF MICRO MANAGEMENT TO PROHIBIT THIS ONE USE.

AND I DON'T REALLY SEE A STRONG REASON TO, UM, SO I, I WON'T SUPPORT IT EITHER.

THANK YOU.

UM, SO WE HAVE ON THE TABLE, THE MOTION BY COMMISSIONER SMITH.

OH, COMMISSIONER.

DANCLER YOU WISH TO SPEAK? I'D LIKE TO MOVE A SUBSTITUTE MOTION TO FOLLOW STAFF RECOMMENDATION WITH A CEO TO PROHIBIT SERVICE STATION

[01:05:01]

JIM, BY COMMISSIONER DANGLER, SECONDED BY COMMISSIONER KING.

IS THAT WHAT YOU'RE DOING? UH, WELL, I DIDN'T KNOW IF COMMISSIONER, UH, GAIL, YOU WANTED TO SECOND THAT, OKAY, GO AHEAD.

SECOND.

LIKE, NO, YOU DON'T NEED TO DO, WERE YOU SECONDING THAT COMMISSIONER GARY WON'T HAVE YOU, SO COMMISSIONER DANGLER, COMMISSIONER KING SECONDED IT FOR A SUBSTITUTE MOTION FOR STAFF RECOMMENDATION WITH THE CEO TO PROHIBIT GAS STATIONS AND ANY FURTHER DISCUSSION, OR IF NOT,