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[Additional Item]

[00:00:06]

I'M GOING TO CALL THE PLANNING COMMISSION TO ORDER.

WE HAVE A UNUSUAL MEETING TONIGHT.

LET'S SEE, WE HAVE ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN, EIGHT, NINE, 10 COMMISSIONERS PRESENT.

SO WE'LL CALL THAT QUORUM.

UM, WE HAVE A, WE'RE GOING TO DO THINGS A LITTLE OUT OF ORDER TONIGHT.

SO FOR EVERYBODY WHO IS ON THE LINE, WHO'S CALLING IN TO SPEAK ON CASES.

IF YOU CAN JUST STAND BY, WE'RE GOING TO HANDLE A LITTLE BIT OF COMMISSION BUSINESS FIRST, AND THEN WE WILL BE GETTING INTO THE CASES AND A COUPLE OF MINUTES.

UM, SO AS, UH, AS MANY OF YOU GUYS ARE AWARENESS, HOPEFULLY MOST OF YOU ARE AWARE, UH, COMMISSIONER PAUSEY, AND I ARE GOING TO BE STEPPING DOWN AS CHAIR AND VICE CHAIR AFTER THIS MEETING.

UM, AND, UH, WE WANTED TO SAY A FEW WORDS AND WE HAVE SOME BOOKS HERE TO SAY A FEW WORDS.

AND SO WE'LL BE TAKING UP ITEMS. DO YOU WANT IN D TWO, WHICH ARE ELECTIONS OF THE CHAIR AND VICE CHAIR? UH, WE'RE GOING TO HEAR A FEW WORDS AND THEN WE'LL GO AHEAD AND TABLE THE ITEM UNTIL LATER IN THE MEETING.

UM, SO COMMISSIONER CAUSEY, DID YOU WANT TO GO AHEAD AND START WITH A FEW REMARKS? SURE.

THANK YOU.

UH, CHAIR, KENNY.

UM, YOU KNOW, I FEEL VERY FORTUNATE TO HAVE SERVED ALONGSIDE THE CURRENT SLATE OF THE PLANNING COMMISSION.

THEY HAVE, UH, CONTINUOUSLY SHOWN EMPATHY AND PATIENCE AND GRACE, DESPITE ALL THE LATE NIGHTS AND AN UNFAIR AMOUNT OF VITRIOL FROM THOSE WHO DISAGREE WITH THEM, ESPECIALLY BECAUSE THESE ARE UNPAID VOLUNTEERS WHO DEVOTE AN EXCEPTIONAL AMOUNT OF TIME TO UNDERSTANDING THE CASES THAT APPEAR IN FRONT OF US.

UM, I'M ALSO DEEPLY PROUD OF THE WORK THAT WE'VE DONE, TRYING TO BALANCE THE CHALLENGES OF A FAST GROWING CITY LIKE OURS, WITH THE NEED OF ITS PEOPLE.

UH, THE WORK THAT THIS COMMISSION DID ON THE LAND DEVELOPMENT CODE, UH, WAS A HIGHLIGHT OF THAT.

FOR ME, I'M AN ARCHITECTURAL ENGINEER BY TRAINING A CIVIL ENGINEER BY PRACTICE AND AN ASSOCIATE PROFESSOR AT UT.

I CERTAINLY WASN'T A DEVELOPER WHEN I BEGAN SERVING ON THE PLANNING COMMISSION.

UH, BUT WHEN KEN PAXTON DECLARED ME ONE, I THOUGHT I MIGHT GIVE IT A SHOT.

WHY NOT? UH, YOU KNOW, MY COMPANY CIVILITY HAS RECENTLY STARTED TAKING ON A MORE EXPANDED ROLE IN CONSTRUCTION AND DEVELOPMENT WITH A FOCUS ON AFFORDABLE HOUSING AND MULTIMODAL MOBILITY.

AFTER OVER 11 YEARS, SERVING ON CITY BOARDS AND COMMISSIONS, AND OVER FIVE YEARS ON THE PLANNING COMMISSION, I THINK IT'S TIME FOR ME TO MAKE WAY FOR NEW BLOOD, TO WORK ON BUILDING MY COMPANY AND EMPOWERING MY TEAM TO LOOK FOR OTHER WAYS TO SERVE MY COMMUNITY AND TO GO BACK TO SPENDING EVERY OTHER TUESDAY NIGHT WITH MY FAMILY.

UH, I MAY TUNE IN EVERY NOW AND THEN BECAUSE I WILL MISS YOU ALL.

I HAVE LEARNED A LOT FROM EACH ONE OF YOU, COMMISSIONERS STAFF, CITIZENS, AND COUNCIL MEMBERS.

MANY OF YOU HAVE PLAYED A BIG PART IN MY OWN GROWTH.

SO REALLY THANK YOU.

I PLAN ON REACHING OUT TO EACH OF YOU COMMISSIONERS, JUST SHARE EXACTLY HOW MUCH OF AN IMPACT YOU'VE HAD ON ME AND TO THANK YOU INDIVIDUALLY.

FINALLY, I WISH I COULD SAY THAT THE CONSTANT BAD FAITH ATTACKS FROM THE LIKES OF FRED LEWIS AND OUR ATTORNEY GENERAL, I WISH I COULD SAY THAT THAT HASN'T WORN ME DOWN A BIT, BUT THAT WOULDN'T BE ENTIRELY TRUE.

IT'S ONE THING TO DISAGREE WITH SOMEONE, BUT SOMETHING ELSE ENTIRELY TO ATTACK THEM WITH FALSE HOPES AND FEARMONGERING, OUR COMMUNITY WILL NOT HAVE THE STRENGTH TO TACKLE OUR COMING CHALLENGES.

IF WE CANNOT LEARN TO DISAGREE LIKE ADULTS, YOU KNOW, IF WE CONTINUE POISONING THE WELL OF CIVIC DISCOURSE IN AUSTIN, WE'LL PAY A BIG PRICE FOR IT.

LONGTERM, YOU KNOW, COME TO THINK OF IT.

I LOVE THE IDEA THAT KEN PAXTON MADE ME A DEVELOPER.

IN FACT, I THINK IT WOULD BE A GREAT AUSTIN MONITOR QUOTE OF THE DAY.

KEN PAXTON MADE ME A DEVELOPER.

I'M A DEVELOPER LIKE COMMISSIONERS ANDERSON AND HOWARD, AND I'M PROUD TO WORK TOWARD PROVIDING THE MUCH NEEDED AFFORDABLE HOUSING UNDER THE BRAND OF CAPITAL A HOUSING.

AND I HAVE KEN PAXTON TO THINK, AND I'LL CONCLUDE HERE.

I'LL SAY THAT I'M OPTIMISTIC ABOUT AUSTIN'S FUTURE.

AS I HAVE BEEN EVER SINCE I MOVED HERE 26 YEARS AGO, IT'S WHY I STARTED MY BUSINESS HERE AND RAISE MY FAMILY HERE.

AND I LOOK FORWARD TO HELPING TO BUILD IT AUSTIN AS A VERY SPECIAL PLACE WITH VERY, VERY SPECIAL PEOPLE.

AND I WILL CONTINUE TO PLAY A SMALL PART IN HELPING IT THRIVE FOR MY KIDS' GENERATION AND THOSE THAT FOLLOW.

I REALLY WANT TO THANK MAYOR PRO TEM GARZA FOR THE OPPORTUNITY TO SERVE.

THANK YOU.

ALL RIGHT.

THANK YOU, KASI.

UM, I'LL SAY JUST A COUPLE OF WORDS BEFORE WE GET TO OUR SPECIAL GUESTS HERE.

UM, SIMILARLY IT'S, IT'S BEEN JUST A TREMENDOUS HONOR TO SERVE MY CITY ALONGSIDE ALL.

UH, I NEVER GET TIRED OF TELLING PEOPLE HOW CONTINUOUSLY IMPRESSED I AM WITH THE MEMBERS OF THIS COMMISSION.

YOU TAKE YOUR DUTIES

[00:05:01]

VERY SERIOUSLY, TREAT EACH OTHER, AND THE PEOPLE BEFORE THE COMMISSION WITH RESPECT AND DO SO FOR NO PAY AND LITTLE BANKS.

SO, UH, THANK YOU.

UM, I'M ESPECIALLY GRATEFUL BECAUSE I KNOW THAT I PERSONALLY HAVE PUT YOU ALL THROUGH SOME LATE NIGHTS WITH MY VARIOUS CRUSADES TO IMPROVE OUR CITY'S PLANNING.

UH, BUT I AM IMMENSELY PROUD OF THE WORK THAT WE'VE DONE TOGETHER ON THE STRATEGIC MOBILITY PLAN, THE LAND DEVELOPMENT CODE REWRITE, AND MOST RECENTLY THE STREET IMPACT FEES.

UM, I ALSO WANT TO THANK ESPECIALLY, UH, ANDREW RIVERA FOR HIS CONTINUED ALACRITY AND OUTSTANDING PROFESSIONALISM AND SUPPORTING US AS WELL.

THE CITY STAFF FROM PLANNING AND ZONING, WATERSHED PROTECTION, TRANSPORTATION DEVELOPMENT SERVICES, LAW PARKS, RECREATION, AND HCD DEPARTMENTS WHO DO A HARD JOB WITH THE CRUSTY OLD CODE DESIGNED FOR A CITY HALF ITS SIZE.

UM, MY TIME HERE HAS BEEN SOME OF THE MOST MEANINGFUL AND INTERESTING WORK AND I NEED TO, UH, THINK, UM, COUNCIL MEMBER COSAR FOR, FOR THE APPOINTMENT.

UM, IT'S, UH, THE WORK THAT WE'VE DONE HERE TO SOME OF THE GREATEST EXISTENTIAL CHALLENGES AND HAS EVER FACED NAMELY OUR HOUSING CRISIS HAS BEEN INCREDIBLY IMPORTANT TO ME.

UM, IN CASE YOU WERE WONDERING, I WASN'T DEED BORED TO DEATH WITH MY DAY JOB OVER THE LAST COUPLE OF YEARS, UM, WHICH IS WHY I PUT SO MUCH TIME AND ENERGY INTO THE COMMISSION.

SO WHEN, UH, VICE-CHAIR KASI APPROACHED ME AND TOLD ME THAT HE WAS TAKING HIS COMPANY IN NEW DIRECTIONS AND WANTED TO FOCUSING ON DEVELOPING THE KINDS OF AFFORDABLE AND SUSTAINABLE HOUSING THAT I'VE WORKED SO HARD TO PROMOTE HERE, UH, AND THAT HE WANTED ME TO COME WORK FOR HIM.

UH, I COULDN'T PASS IT UP.

SO I'M CIVILITY IS DOING SOME AMAZING THINGS, INCLUDING BEING THE VERY FIRST TO BREAK DOWN A GROUND ON AN AFFORDABILITY AND LOCKED PROJECT FEW WEEKS AGO IN NORTH AUSTIN.

UM, I REALLY HATE TO LEAVE.

THERE'S THERE'S SO MUCH LEFT TO DO, BUT, UH, I JUST WANT TO GO OUT AND BUILD SOME HOUSING AND, UH, AND I DON'T WANT TO GIVE ANYBODY THE OPPORTUNITY TO USE THAT TO DISTRACT FROM THE COMMISSION'S WORK.

UM, ONE LAST THING AND, AND, YOU KNOW, I COULDN'T LEAVE WITHOUT MAKING ONE LAST POINT.

UM, WE'VE HAD A LOT OF CASES HERE LATELY THAT COULD HAVE, UH, REQUIRED AFFORDABLE HOUSING IN THEM, BUT DIDN'T BECAUSE THE CURRENT CODE DOESN'T HAVE THE AFFORDABLE BONUSES FOR THEM.

STATE LAW PRECLUDES US FROM ACQUIRING THEM AND THE NEW CODE IS DELAYED, BUT THE VAST MAJORITY OF DEVELOPMENT IN AUSTIN DOESN'T TAKE PLACE THROUGH REZONINGS.

I JUST RECENTLY SHOWED MY KIDS MY CHILDHOOD HOME ON 37TH STREET OVER BY GUADALUPE, WHERE I GREW UP.

UM, I LOVED GROWING UP.

THERE WAS ON A STREET WITH A MIX OF HOMES AND APARTMENTS LOOK INTO BY SENIOR HOUSING CENTER ON ONE SIDE AND GROOVING MOVE ON THE OTHER AND CHRISTMAS LIGHTS ALL OVER THE PLACE.

UM, SOMETIMES CARS WOULD DRIVE TOO FAST, BUT I RECENTLY FOUND OUT THAT SOME NEIGHBORHOOD PARENTS WOULD GO OUT AT NIGHT WITH PICKAXES AND, UH, UNFIXED SOME HOT COALS AND WHAT MAY HAVE BEEN AUSTIN'S FIRST TRAFFIC CALMING PROGRAM.

UM, THERE HAVEN'T BEEN ANY REZONINGS ON MY STREET, BUT MY CHILDHOOD HOME THAT MY PARENTS WERE ABLE TO PURCHASE AS A SCHOOL TEACHER AND A STATE EMPLOYEE IN THE EIGHTIES IS NOW WE'RE THREE QUARTERS OF A MILLION DOLLARS, UM, DRIVING BY MOST OF THE HOMES AROUND IT HAVE BEEN RENOVATED OR EXPANDED IN A WORTH HER ABOUT THE SAME NO REZONING NEEDED.

THERE WERE SEVERAL CODE NEXT REST, STOP REX AUSTIN'S, UH, SHINY SIGNS UP ON THE STREET.

UM, BUT I HAVE TO ASK IF THE KIDS WHO GREW UP IN A NEIGHBORHOOD CAN'T AFFORD IT TODAY, IS THAT WRECKING IT ANYMORE THAN ANY LOWER PRICED FOURPLEXES OR TOWNHOUSES ON THE STREET MIGHT OR WE PRESERVING AUSTIN FOR THE BUILDINGS ARE FOR THE PEOPLE.

UM, EVEN THOUGH WE ARE LOSING INCOME RESTRICTED, A MODERATE PRICE HOUSING EVERY DAY THAT THE NEW CODE IS DELAYED.

I FEAR THE CURRENT DRAFT IS STILL INADEQUATE TO THE TASK.

AND THEN MY RESEARCH OVER THE NEARLY A YEAR SINCE WE PASSED OUR RECOMMENDATIONS, IT HAS BECOME CLEAR TO ME THAT IT FAILS IN TWO KEY RESPECTS.

FIRST, IT DOESN'T DO NEARLY ENOUGH TO ALLOW THE ONE FORM OF HOUSING TIME TESTED BY HISTORY TO PROVIDE MODERATE PRICED HOUSING IN BIG CITIES, WHICH WE NOW ARE A, WHICH IS ROW HOUSES, THE SAME THREE STORIES THAT MCMANSIONS CAN BE.

UM, SECOND FINALLY, UH, IT STILL HAS IMPEDIMENTS CURRENTLY HOLDING BACK AFFORDABILITY UNLOCKED FROM PRODUCING INCOME, RESTRICTED HOUSING, ALL OVER TOWN, UM, WHICH HAS, UH, THOSE IMPEDIMENTS ARE THE SITE PLANNING REQUIREMENTS THAT ADD MONTHS AND TENS OF THOUSANDS OF DOLLARS, AT LEAST EVEN VERY SMALL PROJECTS, UH, AND REQUIRING A REZONING TO GET THE IMPERVIOUS COVER NEEDED FOR TOWNHOUSES, WHICH ALSO ADD MONTHS AND TENS OF THOUSANDS OF DOLLARS TO PROJECTS THAT ARE 50% INCOME RESTRICTED HOUSING.

SO I THINK WE CAN DO BETTER AND, AND I'M LOOKING FORWARD TO COUNCIL ADDRESSING SOME OF THOSE ISSUES.

SO WITH THAT, I AM PERMANENTLY HANDING OVER MY SOAP BOX AND, UH, UM, I'LL INVITE, UM, MAYOR ADLER.

IF YOU'D LIKE TO SAY A FEW WORDS, YOU RMU ONLY APPROPRIATE.

LET ME DEFER FIRST TO MY COLLEAGUES, THE MAYOR PRO TEM AND CAST MEMBER TO SPEAK TO THEIR APPOINTEES, THAT MAYOR PRO TEM.

UH, THANK YOU FOR THIS OPPORTUNITY TO ADDRESS YOU.

UM, I THINK THIS IS THE FIRST PLANNING COMMISSION I'VE ATTENDED LIVE.

I'VE WATCHED THEM, UM, LATER, BUT, UM, UH, BUT YOU KNOW, I, AND I WANNA, I WANT TO THANK ALL, ALL OF YOU FOR YOUR, FOR YOUR SERVICE.

[00:10:01]

UM, I WAS JUST TALKING TO COUNCILOR COSAR BEFORE THIS.

AND, UH, I REMEMBER HIM TELLING ME A STORY ABOUT JOE BIDEN, UH, WHEN HE RAN FOR CITY COUNCIL.

AND I THINK HE SERVED ONE TERM AND HE SAID SOMETHING LIKE HE DECIDED TO RUN.

I DON'T KNOW IF IT WAS THE SENATE OR THE HOUSE BECAUSE WARREN PEACE WAS EASIER THAN ZONING.

UM, AND SO I I'M SO INCREDIBLY GRATEFUL FOR ALL THE WORK THAT YOU DO, UM, FOR OUR CITY.

IT IS RATHER UNFORTUNATE THAT IT HAS BECOME SUCH A DIVISIVE ISSUE.

UH, I LOVE THAT BAEZ JUST KEPT IT REAL.

UM, I, YOU KNOW, WHEN I WAS LOOKING FOR AN, A APPOINTEE, UM, I WANT IT, YOU KNOW, MY, MY BY PASSION FOR TEN ONE IS WHAT GOT ME TO RUN FOR CITY COUNCIL BECAUSE I BELIEVED WE NEEDED DIVERSITY ON EVERY BOARD.

AND, UM, I OF COURSE STRUGGLED TO FIND DISTRICT TO PEOPLE BECAUSE OF THE TREMENDOUS OBSTACLES THEY FACE AND JUST TRYING TO GET BY JUST TRYING TO, YOU KNOW, UH, PAY THEIR BILLS AND GET FOOD ON THE TABLE.

AND SO IT WAS, IT WAS ALWAYS INCREDIBLY HARD.

I ALWAYS LOOKED FIRST IN MY DISTRICT, BUT THEN WHEN I COULDN'T FIND, UM, MY STAFF WOULD WORK WHEN WE HIRED TO GET APPOINTEES, WE WOULD LOOK OUTSIDE.

AND, UM, IF I AS CAME HIGHLY RECOMMENDED, UM, UH, MY CHIEF OF STAFF MET WITH HIM AND, YOU KNOW, I DEFER TO HER A LOT ON, ON, UH, IN THE BEGINNING.

I DEFINITELY DEFER TO HER A LOT BECAUSE OF HER BACKGROUND.

IN FACT, HER BACKGROUND IN, IN LAND USE WAS THE REASON THAT I, THAT I HIRED HER.

AND SO IT WAS JUST SO INTERESTING HOW, UM, BAEZ AND I REALLY ALIGNED IN SO MANY WAYS ON OUR, OUR THOUGHTS ON LAND USE AND, AND REALLY OUR PERSONALITIES, A LOT OF WAYS.

UM, WE'RE BOTH, I FEEL STRAIGHT SHOOTERS.

UH, YOU, YOU'RE NOT GOING TO GET A LOT OF BS FROM US AND WE'RE NOT GOOD AT, UH, THE POLITICAL PART OF IT.

UH, BUT WE, WE, WE CERTAINLY TELL YOU HOW HE FEELS.

SO I THINK IT'S SO INTERESTING HOW, HOW MUCH SHE'S LIKE ME IN A LOT OF WAYS.

UM, AND I'M GRATEFUL.

I'M SO GRATEFUL FOR US FOR ALL THAT YOU DID TO SERVE OUR COMMUNITY.

UM, YOU KNOW, AFTER HEARING FROM COMPLAINTS FROM RESIDENTS ABOUT ABOUT THE LATE NIGHT COMMISSION MEETINGS, HE CREATED THE NEW PUBLIC HEARING AND DEBATE ROLES TO RUN MORE EFFICIENT MEETINGS, UM, TO MAKE SURE THAT AUSTINITES WERE ABLE TO PARTICIPATE IN THE MEETINGS THAT GO TOO LATE, WE NEED OUR COUNCIL, AND MAYBE WE NEED YOU ON COUNCIL US TO HELP US WITH THAT.

UM, HE CO-LED THE PLANNING COMMISSION SESSION ON DRAFT TO THE LAND DEVELOPMENT CODE, REWRITE LED THE PLANNING COMMISSION SESSIONS ON DRAFT THREE OF THE LAND DEVELOPMENT CODE, REWRITE CREDIT, THE WORKING GROUP SYSTEM, OR THE LDC REWRITE THAT PRODUCED THE MASS MAJORITY OF THE AMENDMENTS AND ENSURE THAT MINORITY WORKING GROUP OPINIONS WERE TAKEN UP TO THE FULL COMMISSION, UM, TO HAVE TRANSPARENT AND FAIR PROCESS.

UH, HE WORKED TO REBUILD TRUST AND COOPERATION BETWEEN COMMISSIONERS AFTER CONTENTIOUS LDC HEARINGS.

UM, AND YOU SEAMLESSLY TRANSITIONED THE PLANNING COMMISSION TO VIRTUAL MEETINGS, UH, AFTER AND COMMISSIONERS LED THE PUBLIC, THE, THE PLANNING COMMISSION TO BE THE FIRST COMMISSION TO ADOPT A PUBLIC HEARING FORMAT, SIMILAR TO IN PERSON MEETINGS WHERE MEMBERS OF THE PUBLIC ARE ABLE TO STAY IN THE HEARING TO OFFER PERSPECTIVES IN RESPONSE TO QUESTIONS.

SO, UM, THANK YOU SO MUCH FOR ALL THAT YOU DID.

IT'S, IT'S INCREDIBLY UNFORTUNATE THAT, UM, I, I FIRMLY BELIEVE EVERYBODY ON THE, IN THIS MEETING AGREES ON A 99% OF THE ISSUES.

AND, UH, AND I KNOW THAT WHEN THINGS GET REALLY HARD AND CONTENTIOUS, I JUST COME BACK TO, I KNOW WE ALL WANT THE SAME THINGS, AND I KNOW THAT WE ARE ALL JUST WANTING EVERYONE TO LIVE IN A PROSPEROUS CITY AND NOT STRUGGLE.

AND SO THAT'S WHAT HELPS ME GET PAST, BUT, UM, I AM INCREDIBLY SORRY THAT YOU WERE DRAGGED INTO A LAWSUIT, BUT, UM, I WOULD THANK YOU SO MUCH FOR YOUR SERVICE.

AND LASTLY, I'LL JUST SAY HE'S JUST A REALLY NICE PERSON.

I MEAN, HE'S JUST SUCH A NICE PERSON AND I'M LOOKING FORWARD TO SEEING WHAT, WHAT HE, UH, YOUR NEXT ENDEAVOR.

AND I'M REALLY LOOKING FORWARD TO THAT AND THANK YOU TO ALL, UH, UH, CONNOR, THANK YOU FOR YOUR SERVICE AS WELL.

UH, AND I KNOW THIS ISN'T, ISN'T EASY WORK AND, AND I KNOW THAT COUNCIL MEMBERS WOULD HAVE AN INCREDIBLY HARDER JOB IF WE DIDN'T HAVE COMMISSIONERS, LIKE ALL OF YOU TO HELP US MAKE SOME INCREDIBLY HARD, THANK YOU, COUNCIL MEMBER.

CASARA THANKS TO ALL OF Y'ALL FOR WHAT IT IS THAT YOU DO.

UM, IT, YOU KNOW, WE DON'T VISIT COMMISSION MEETINGS OFTEN, BUT IT MAKES SENSE FOR US TO BE HERE FOR THIS ONE, BECAUSE Y'ALL

[00:15:01]

HAVE BEEN THROUGH SO MUCH, YOU PUT SO MUCH TIME AND EFFORT INTO IT.

UM, AND YOU KNOW, YOU, YOU DEAL WITH INFINITE IDEAS FROM CONNOR, UM, UH, WHICH IS REALLY, REALLY SUCH AN IMPORTANT CHEWING.

AND IT'S SUCH A SPECIAL THING WE HAVE HERE IN AUSTIN IS THE LEVEL OF ENGAGEMENT.

WE CAN HAVE THE NUMBER OF IDEAS THAT WE CAN GENERATE.

UM, AND, AND THAT'S WHAT MAKES US A BETTER CITY EVERY TIME, YOU KNOW, NO MATTER HOW STUBBORN OR HOW HARD CERTAIN ISSUES ARE, NO MATTER, UH, THE LAWSUITS OR THE RHETORIC, OR WHAT HAVE YOU, UM, PEOPLE REALLY, REALLY CARE ABOUT AUSTIN SO DEEPLY.

UM, AND, AND THAT'S WHY I APPRECIATE EACH OF YOUR SERVICE.

UH, THAT'S WHY I APPRECIATE, UM, UH, YOU, ESPECIALLY CONNOR, WHAT YOU CAME INTO.

UM, YOU KNOW, UH, MY LAST COMMISSIONER WAS ALSO CHASED OUT BY, BY THREAT OF LAWSUIT AND IS ALSO EQUALLY A GOOD GUY FROM WINDSOR PARK.

UM, UH, AND SO YOU CAME INTO THIS KNOWING, UH, KNOWING THAT GOING THROUGH TWO ROUNDS OF THE LVC REWRITE, GOING, BEING VICE CHAIR, BEING CHAIR, UM, REALLY HELPING CENTER OF THE EQUITY CONVERSATION.

UM, UM, AND, AND I APPRECIATE THAT SO MUCH ABOUT YOU AND ABOUT EACH OF Y'ALL, BECAUSE I THINK EVERYBODY HERE JUST EMBODIES THAT, THAT, THAT SPIRIT OF BRINGING IDEAS TO THE TABLE, BECAUSE WE DON'T GIVE UP ON THE CITY.

UH, CONNOR STARTED OUT, I REMEMBER EARLY CONVERSATIONS ABOUT ZONING AND LAND DEVELOPMENT CODE STUFF.

CAUSE NEITHER OF US HAD THAT AS A REALLY CENTRAL FOCUS TO OUR POLITICAL ENGAGEMENT, BUT WE WERE, UH, HANGING OUT AT YOUR HOUSE AND, UH, POINTING OUT HOW HARD IT WAS GOING TO BE TO FIGURE OUT HOW TO HAVE SPACE FOR IN-LAWS TO LIVE IN, UM, UH, AND WINTER PARK.

UM, AND, AND JUST LIKE FOR SO MANY OF US, IT STARTS OUT WITHIN PERSONAL EXPERIENCES, UH, HOW IT IMPACTS YOUR FAMILY, YOUR FRIENDS, AND THEN WE RECOGNIZE THE RIPPLE EFFECTS THAT HAS ON AN ENTIRE COMMUNITY.

AND THAT'S, WHAT'S REALLY VALUABLE AND SPECIAL ABOUT EVERYBODY ON OUR, ON OUR BOARDS AND COMMISSIONS, ESPECIALLY ONES LIKE THIS THAT HAVE, YOU KNOW, SUCH, SUCH IMPORTANT TO THE COMMUNITY.

SO THANKS TO EACH OF Y'ALL WHO ARE, ARE CYCLING OFF.

AND FOR THOSE OF YOU WHO ARE CONTINUING, CONTINUING TO WORK IN SO MANY WAYS, AND WE VOTED TO ADOPT A BUNCH OF THOSE IDEAS, BY THE WAY.

SO, OKAY.

MAYOR ADLER, I LOOK AT THE, UH, AT THE, AT THE SCREEN HERE AT EVERYBODY ASSEMBLED AND IT'S PERHAPS BECAUSE I'M A LITTLE BIT OLDER, MY HAIR DOESN'T GROW AS QUICKLY THAT I LOOK AT GREG AND THE BRAGGING I'M ABOUT TO PROBABLY DROP OUT OF THIS COMPETITION, JUST CAUSE I KNOW THAT THERE'S LIKE NO WAY I'M CATCHING UP.

UM, I TO THANK, UH, BOTH, UH, UH, BY US AND CONNOR FOR SERVICE, THIS HAS BEEN, AND FOR EVERYONE ON THIS PANEL, THIS HAS BEEN SUCH AN INCREDIBLY HARD PERIOD OF TIME TO BE A PLANNING COMMISSIONER.

IT CONTINUES THAT WAY.

UH, EVERY ISSUE WE HAVE IN OUR CITY RIGHT NOW, UH, HAS, UH, PLANNING AND DESIGN AS A PROXY FOR WHATEVER POLITICAL ISSUE EXISTS IN THE CITY.

I MEAN, IT JUST ALL SEEMS TO COME BACK TO YOU GUYS.

SO PLANNING COMMISSION, WHICH HAS ALWAYS BEEN A POLITICAL PLACE AND A DIFFICULT PLACE, UH, IN RECENT TIMES HAS BEEN SO MUCH MORE THAN THAT.

AND THEN TO LIVE IN THE TIMES THAT WE'RE LIVING IN RIGHT NOW WITH, WITH WHAT IS ACCEPTABLE IN POLITICAL DISCOURSE AND WATCHING WHAT'S HAPPENING AT THE NATIONAL LEVEL, UH, UNPRECEDENTED IN MY LIFETIME JUST EXACERBATES THAT, UH, NOT EVERYONE IN THE COMMUNITY UNDERSTANDS THE CHALLENGES THAT ARE PRESENT.

UH, THEY DON'T UNDERSTAND THE AMOUNT OF WORK THAT GOES INTO THIS JOB, THE AMOUNT OF STUDY AND PREPARATION THAT'S REQUIRED, UH, ESPECIALLY FOR THIS POSITION MORE THAN, THAN ANY OTHER, I THINK VOLUNTEER POSITION IN THE ENTIRE CITY, UH, UH, PEOPLE DON'T DON'T UNDERSTAND THAT.

AND, UH, THE REAL WORK THAT'S DONE, YOU GUYS DID JUST A PHENOMENAL JOB, UH, UH, ON, ON THE, ON THE CODE, UH, ON ALL SIDES REPRESENTING, UH, BELIEFS AND PRESENTING ISSUES THAT, THAT CAME TO US.

UH, I CAN'T TELL YOU HOW MUCH EASIER YOU MADE OUR JOBS AND HOW MUCH THIS COUNCIL KNEW THAT THE, THE, THE EXPERTISE AND THE INSIGHT AND THE WILLINGNESS TO WORK AND TO REPRESENT ALL THE DIFFERENT SIDES OF ISSUES WOULD BE SOMETHING THAT WOULD COME OUT OF THIS BODY AND THIS WORK AND THE, AND THE SENSE OF, OF,

[00:20:01]

OF SECURITY THAT CAME WITH THAT, THAT WE WOULD BE PREPARED AND MORE PREPARED BECAUSE OF THE WORK THAT YOU DID.

UH, AND, AND IT'S EVEN, IT'S DIFFICULT BEING CHAIR.

AND I KNOW CONNOR, YOU ARE CHAIR, AND AS YOU ARE CHAIR, AND, AND IN A PREVIOUS INCARNATION TO, UH, THAT'S NOT AN EASY THING TO DO, BUT BOTH OF YOU IN THAT ROLE, UH, WITH SUCH, UM, UH, GRACE, UH, THAT, UH, AS NECESSARY TO KEEP A GROUP GOING, YOU KNOW, IT'S EASY TO SAY RECOGNIZING ALL OF THOSE DIFFICULTIES THAT, THAT, UM, THAT, THAT HAD SOME AT SOME LEVEL, UM, YOU KNOW, YOU JUST WONDER IF IT'S REALLY WORTH IT, UH, FOR HER, ALL OF THE THINGS THAT YOU DEAL WITH.

UH, AND THE ANSWER IS THAT IT IS BECAUSE YOU HELPED MAKE THE CITY.

THIS IS A MAGICAL, MAGICAL PLACE, AND IT'S MAGICAL IN PART BECAUSE OF PEOPLE WHO ARE WILLING TO VOLUNTEER THEMSELVES TO THE LEVEL OF EXTENT THAT YOU GUYS BOTH THANK YOU SO MUCH FOR THIS SERVICE.

NOW YOU'RE GOING TO GET BORED WHEN YOU'RE AWAY FROM PUBLIC LIFE LIKE THIS, AND YOUR FIND YOUR WAY BACK.

OFTENTIMES PEOPLE DO.

UH, IT'S, IT'S A GOOD THING.

THANK YOU SO MUCH FOR EVERYBODY, BUT TODAY A SPECIAL.

GREAT, THANK YOU.

THANK YOU SO MUCH FOR THE KIND OF WORDS.

UM, THANK YOU FOR COMING OUT TO OUR ART COMMISSION MEETING.

UM, AND WITH THAT, UH, CAN I GET A MOTION TO POSTPONE THIS ITEM UNTIL, UH, LATER IN THE MEETING MOTION BY COMMISSIONER, SAY SECOND BY COMMISSIONER SCHNEIDER, ALL IN FAVOR, ALL OPPOSE, UM, OKAY.

THAT'S UNANIMOUS.

ALL RIGHT.

UM, SO FOR EVERYBODY ON THE LINE, UH,

[Consent Agenda]

WHAT WE'RE GOING TO DO NOW IS WE'RE GOING TO READ THROUGH WHAT WE CALL THE CONSENT AGENDA.

AND, UM, SOMETIMES THIS IS A DENIALS, SOMETIMES IT'S APPROVALS, UH, BUT I'LL READ EACH CASE, UH, LISTEN FOR YEARS.

AND, UM, AND WE'LL ALSO DESIGNATE WHEN, UM, UH, A LOT OF THOSE ARE GOING TO BE POSTPONEMENTS AND THEN SOME OF THEM, WHEN WE'RE GOING TO PUT THEM UP FOR DISCUSSION, THAT MEANS THAT AFTER WE DO THIS CONSENT AGENDA, WE'LL PULL THEM UP TO TALK ABOUT THOSE CASES INDIVIDUALLY.

UM, SO FOR THE CONSENT AGENDA TODAY, UH, I OFFER A ONE APPROVAL OF MINUTES, UM, TO ANY COMMISSIONERS HAVE, UH, ANY, UM, WHEN WE DO THIS VIEW, IT'S HARD FOR ME TO SEE, UH, SO SPEAK UP IF YOU HAVE ANY, UH, AMENDMENTS TO THE MINUTES NOT HEARING ANY FOR NOW.

SO I'M ON THE CONSENT AGENDA.

WE HAVE THE MINUTES WE HAVE, UM, ITEMS B ONE AND B TWO, WHICH ARE NINE OH TWO AND 904 MORROW STREET, UH, NPA 2020 A DASH ZERO ZERO ONE 7.02902 MORROW STREET, DISTRICT SEVEN AND C 14 2020 ZERO ZERO FOUR SEVEN NINE OH TWO MORA STREET, DISTRICT SEVEN.

UM, THOSE ARE OFFERED FOR A POSTPONEMENT BY NEIGHBORHOOD GROUP TILL OCTOBER 13TH.

THE APPLICANT AGREES.

SO THEY ARE OFFERED FOR CONSENT.

POSTPONE THAT TILL OCTOBER 13TH, ITEM NUMBER B3, NPA 2019 ZERO ZERO ZERO 3.01.

DAVID CHAPEL, MISSIONARY BAPTIST CHURCH DISTRICT ONE, UH, IS OFFERED FOR A NEIGHBORHOOD, UH, AND APPLICANT POSTPONEMENT TILL SEPTEMBER EIGHT.

UM, ITEM BEFORE SEE 14 ZERO FIVE DASH ZERO ONE ONE TWO RCA TO EMILY SOUTH SHORE DISTRICT NINE.

UM, WE'RE GOING TO PUT THAT ON THE DISCUSSION AGENDA FOR TONIGHT.

ITEM B FIVE, UH, 1907 WEBER BELL ROAD, 14 2020 ZERO ZERO SIX TWO WESTERVILLE DISTRICT ONE.

THAT ITEM IS OFFERED FOR THE DISCUSSION AGENDA ITEMS. THESE SIX SEE 14 2020 ZERO ZERO SIX, SEVEN 35 OH FOUR SOUTH FIRST STREET, REZONING DISTRICT THREE AS OPERA FOR THE DISCUSSION AGENDA LATER, ITEM 2020 ZERO ZERO SEVEN SIX ALPHA 0.89 DISTRICT FIVE.

UM, THAT IS, UH, THE STAFF RECOMMENDATION FOR SF THREE TO SF SIX AS AMENDED, UH, WHICH IS THE STAFF RECOMMENDATION IS OFFERED FOR CONSENT ITEM B EIGHT C 14 2020 ZERO ZERO SEVEN TWO RETAIL CENTER, DISTRICT FOUR.

UM, THE STAFF RECOMMENDATION FOR, UH, C H C O N P AND C S AND P TWO CSMP AS OFFERED FOR CONSENT ITEM B NINE S P 2019 ZERO ONE SEVEN ONE C GOODWILL STORE, DISTRICT 10.

THE STAFF RECOMMENDATION FOR A VARIANCE FROM THE WATERFRONT OVERLAY IS OFFERED FOR CONSENT ITEM B 10 S P 2015 ZERO THREE NINE NINE CX T TO REPORT TECHS OUT DISTRICT

[00:25:01]

TWO.

UM, THE STAFF RECOMMENDATION FOR, OR REQUEST FOR A SECOND EXTENSION THAT'S THREE YEARS IS AWKWARD FOR CONSENT ITEM B 11, SPC 2019 ZERO FOUR TWO FOR A FOURTH STREET EAST DISTRICT THREE.

UM, THE STAFF RECOMMENDATION, UH, FOR THE REGULATING PLAN IS OFFERED OR CONSENT ITEM B12, A SITE PLAN SPC 2019, 76 RAINY STREET CUP DISTRICT NINE.

UM, THAT IS OFFERED, UH, FOR AN APPLICANT POSTPONEMENT UNTIL SEPTEMBER 22ND.

ITEM B 13 C UH, J 2018 ZERO ONE ZERO 5.18 EASTERN PARK, SECTION THREE EIGHT PHASE ONE FINAL PLAT DISTRICT TWO.

THE STAFF RECOMMENDATION FOR APPROVAL OF THE FINAL PLAT, UH, IS OFFERED FOR CONSENT ITEM B 14, RE SUBDIVISIONS C A 2019 ZERO ZERO SIX 8.08, RESUB DIVISION OF LAW, EIGHT V ON THE RESUB DIVISION OF LOTS, EIGHT AND NINE KENSINGTON PARK ADDITION DISTRICT TWO.

UM, THE STAFF RECOMMENDATION FOR RE SUBDIVISION IS OFFERED FOR CONSENT ITEM B 15 A CODE, AND THEN THAT EXCEPTION FROM PLATTING DISCUSS AND CONSIDER RECOMMENDATION, UH, AN AMENDMENT TO CHAPTER 25 FOR, UH, THE, UM, THE EXCEPTION IS RECOMMENDED BY STAFF AND THAT IS OFFERED FOR CONSENT, UM, THAT THIS IS THE CONSENT AGENDA.

UM, MR. RIVERA, WERE THERE ANY LATE REVISIONS TO THOSE PROPOSALS? THOSE WERE UP STAFF RECOMMENDATIONS.

SURE.

YOU STATED THE CONSENT AGENDA HAS BEEN PROPOSED CORRECTLY? I DO HAVE A SPEAKER ON THE ITEM.

OKAY.

UM, LET'S UH, OKAY, WE'LL GO AHEAD AND HEAR THAT SPEAKER NOW.

UM, SEE 15, UH, ONE SPEAKER AND I BELIEVE THEY ARE, UM, LET'S SEE HERE.

LIZABETH, CARRIE OR ELIZABETH CAREY.

ARE YOU ON THE LINE? YOU CAN STAR SIX TO UNMUTE.

I CAN HEAR YOU.

YES, GO AHEAD.

ALL RIGHT.

HELLO EVERYONE.

MY NAME IS ELIZABETH KERRY HOMEOWNER AT 1301 SOUTH FIFTH STREET IN DISTRICT NINE.

I'VE BEEN WORKING WITH COUNCIL MEMBER TOBA HIS OFFICE ON AGENDA ITEM B 15, AND I JUST WANTED TO GIVE A VOICE TO IT HERE AND EXPRESS MY GRATITUDE FOR YOUR SUPPORT OF IT TONIGHT.

THANKS.

WHICH IS B 16.

UH, IT IS THE FINAL PLAT OF AN APPROVED PRELIMINARY PLAN C EIGHT 2019 ZERO ONE ONE 4.18.

THE SIMON CASKEY FINAL PLAT IS APPROVED WITH CONDITIONS, UH, AS STATED IN THE STAFF RECOMMENDATION BACKUP.

UM, MR. RIVERA, DID I PHRASE THAT ADEQUATELY? OKAY.

AND THAT IS OFFERED FOR THE CONSENT AGENDA.

UM, SO, UH, DO ANY COMMISSIONERS WISH TO DISCUSS ITEMS ARE COOLING ITEMS? I'M SURE.

SHEA, UM, WELL ACTUALLY I HAVE TWO, SO, BUT YOU HAVEN'T PASSED FOR THAT DEBT, SO, NO, LET'S JUST, LET'S JUST SEE ANY, ANY, UH, NOT HEARING ANY LET'S DO RECUSALS COMMISSIONER SAY.

SO, UH, I'M GOING TO RECUSE MYSELF FROM ITEMS ONE AND TWO WITHIN, I DUNNO, A HUNDRED FEET FROM THERE.

OKAY.

OTHER RECUSALS FISHER COUSIN.

OKAY.

CHAIR RECUSING FROM ITEM V6, A CIVILIAN STAFF MEMBERS WORKING ON THAT.

OKAY.

UH, COMMISSIONER HEMPHILL.

OKAY.

IT'S USING SOME ITEM B STORYVILLE IS A CLIENT DESIGN WORKSHOP FOR WHOM I WORK, ALTHOUGH NOT ON THIS PROJECT, BUT THEY ARE A CLIENT.

GREAT.

ANY OTHER SCRIPTURE? SHAW? YES.

ITEM NINE, MY WIFE INDUSTRIES.

ALL RIGHT.

UM, ANY OTHER RECUSALS? I AM ALSO RECUSING FROM ITEM V6 AS, UM, AS OF YESTERDAY, I WORK FOR A SUBSTITUTE AS WELL.

SO, UM, DO, CAN I HAVE A MOTION BY THE, UH, SOMEONE WHO IS NOT RECUSED TO, UH, OFFER THE CONSENT AGENDA, UM, AND TO

[00:30:01]

CLOSE ALL PUBLIC HEARINGS ASSOCIATED WITH THESE ITEMS? EMOTIONAL BY COMMISSIONER IS OUR SECOND BY COMMISSIONER SCHNEIDER.

UM, ANYONE WISHING ANY FURTHER DISCUSSION ON THE CONSENT AGENDA, SEEING NONE, ALL IN FAVOR OF PASSING THE CONSENT AGENDA.

LET'S SEE, WE'VE GOT ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN, EIGHT, NINE, 10, 11, 12, 12.

YEP.

OKAY, GREAT.

WHO ARE YOU MISSING TONIGHT? JUST LIKE THEIR LIST THAT COMMISSIONER HAD A YELLOW CARD OF.

OH, I'M SORRY.

I DIDN'T QUITE SEE THAT MICHIGAN HAS PULIDO.

ARE YOU, ARE YOU, UH, YOU'RE CUTTING IN AND OUT OF EURO.

IT WAS GREEN.

OKAY.

AND I'M COUNTING 13.

OKAY.

SO, UM, GREAT.

SO THAT WAS 13 TO ZERO.

UM, SO WE WILL GO AHEAD AND

[B.4 Restrictive Covenant Amendment: C14-05-0112(RCA2) - AMLI South Shore; District 9]

START WITH OUR FIRST DISCUSSION ITEM, WHICH IS THE RESTRICTIVE COVENANT AMENDMENT BEFORE, UH, ITEMS, EMILY, SOUTH SHORE.

AND FOR EVERYBODY LISTENING ON THE LINE, UM, WE ARE GOING TO GO THROUGH THESE ITEMS, UH, IN ORDER ALL THE DISCUSSION ITEMS. UM, WHEN WE, UH, WHEN WE GET TO THEM, WE'LL HAVE A STAFF PRESENTATION AND THE APPLICANT PRESENTATION, AND THEN WE'LL START CALLING YOUR NAMES.

YOU CAN HIT STAR SIX TO UNMUTE, UM, MAKE SURE TO TURN DOWN YOUR TV.

CAUSE THERE IS A DELAY.

UH, SO YOU JUST GOTTA LISTEN ON THE PHONE AND THEN PLEASE STICK AROUND BECAUSE WE WANT TO MAKE SURE THAT YOU CAN BE AVAILABLE FOR COMMISSIONERS TO ASK QUESTIONS.

SO, UM, DO WE HAVE KATE CLARK FROM A PLANNING AND ZONING DEPARTMENT ON THE LINE? CAN YOU HEAR ME? I CAN GO AHEAD AND PRESENT US BEFORE.

OKAY.

THANK YOU.

AND GOOD EVENING COMMISSIONERS.

THIS IS KATE CLARK WITH THE PLANNING AND ZONING DEPARTMENT.

AND AS THE CHAIR SAID, THIS IS ITEM FOUR ON THE AGENDA.

THIS IS CASE NUMBER C 14 DASH ZERO FIVE DASH ZERO ONE ONE TWO RCA TO ANN LEE SOUTH SHORE.

THIS PROPERTY IS LOCATED AT 1720 SOUTH LAKESHORE BOULEVARD IS APPROXIMATELY 10.48 ACRES.

IT IS CURRENTLY DEVELOPED WITH A MIXED USE PROJECT CONTAINING MULTIFAMILY, RESIDENTIAL AND COMMERCIAL USES AND IS SUBJECT TO TWO PUBLIC RESTRICTIVE COVENANT.

THE APPLICANT'S REQUEST IS TO MODIFY THE OWNERSHIP REQUIREMENT FROM THE ORIGINAL RC TO REMOVE THE REQUIREMENTS AT A MINIMUM OF 45 RESIDENTIAL UNITS BE FOR SALE AND FROM THE AMENDED RC TO INCREASE THE MAXIMUM NUMBER OF RESIDENTIAL UNITS ALLOWED ON THE PROPERTY FROM 450 TO 520 UNITS.

NO OTHER CHANGES ARE PROPOSED AT THIS TIME.

STAFF, THE APPLICANT'S PROPOSED CHANGES TO THE RESTRICTIVE OF COVENANT.

CURRENTLY THE APPLICANT IS PROPOSING NEW CONSTRUCTION IN AN UNDEVELOPED AREA ON THE PROPERTY WITH NO INCREASE IN TITLE OTHER THAN BEING DENSITY, ALLOWING FOR THE ADDITIONAL UNITS WHERE THIS DEVELOPMENT WOULD INCREASE DENSITY IN AN ALREADY BUILT ENVIRONMENT AND BE COMPATIBLE WITH THE EXISTING SURROUNDING LAND USES.

UM, THAT'S MY VINDICATION I'M HERE.

IF YOU HAVE QUESTIONS.

GREAT.

THANK YOU.

UM, AMANDA SWORE, DO WE HAVE YOU ON THE LINE FOR THE APPLICANT? I COULD EVEN CARE IF SOMEONE COULD JUST LET ME KNOW WHEN MY PRESENTATION IS PULLED UP, I WOULD BE HAPPY TO JUMP IN.

SURE, SURE.

AND WERE THERE, UM, AND GO AHEAD.

THANK YOU.

GOOD EVENING, CHAIR COMMISSIONER.

MY NAME'S AMANDA SWORE WITH JENNER GROUP HERE TONIGHT ON BEHALF OF THE PROPERTY OWNERS, AMBERLEY RESIDENTIAL.

NEXT SLIDE PLEASE AMALIE OWNS THE 10.48 PIECE OF PROPERTY THAT STAFF INDICATED LOCATED ON EAST RIVERSIDE DRIVE AT THE Y WHERE EAST RIVERSIDE IN THE SOUTH LAKE SHORE SPLIT IS SHOWN IN THIS IMAGE.

NEXT SLIDE, PLEASE.

THE PROPERTY CONTAINS 454 LEASE RESIDENTIAL UNITS THAT WERE BUILT IN TWO PHASES.

THE PHASE OF THE PROJECT THAT WE'RE HERE TO TALK ABOUT THIS EVENING, IT SHOWED IN THE BLUE RECTANGLE ON THE EAST SIDE OF THE PROPERTY.

THIS IS THE THIRD PHASE THAT STAFF INDICATED.

NEXT SLIDE, PLEASE.

THE PROPERTY IS CURRENTLY ZONED EAST RIVERSIDE CORRIDOR AS PART OF THE CORRIDOR OR MIXED USE SUBDISTRICT, WHICH WAS IMPLEMENTED IN 2013.

AS THE COMMISSION IS AWARE THE GOAL OF THE REZONING AND INITIATION OF THE EAST RIVERSIDE CORRIDOR REGULATING PLAN WITH CURRENT INTEREST DENSITY ALONG THE CORRIDOR, WHEREVER RIOTING OF TRANSIT OPTIONS, BOTH EXISTS AND ARE ENVISIONED INTEGRATE BOTH MARKET RATE AND AFFORDABLE HOUSING ALONG THE CORRIDOR.

THIS REQUEST IS INTENDED TO SUPPORT THOSE GOALS.

NEXT SLIDE PLEASE.

IN 2007, THIS PROPERTY HAD A PUBLIC RESTRICTIVE COVENANT PUT INTO COMPLACE PUT INTO PLACE IN CONJUNCTION WITH THE APPROVAL OF THE REZONING ASSOCIATED WITH THE REDEVELOPMENT OF THE PROPERTY.

THE PUBLIC COMPANY, COVENANT HAS HAD ONE AMENDMENT ASSESS INDICATED AND CURRENTLY CONTAINS THE FOLLOWING CONDITIONS.

HEIGHT IS LIMITED ON THE

[00:35:01]

PROPERTY TO 60 FEET AND HIS STAFF INDICATED A MAXIMUM OF 454 LEASE.

RESIDENTIAL UNITS ARE PERMITTED ON THE PROPERTY WITH A MINIMUM OF 45 FOR SALE UNITS TO BE CONSTRUCTED A PERMANENT AFFORDABLE HOUSING PERSPECTIVE.

5% OF THE FOR LEASE RESIDENTIAL UNITS ARE TO BE RESERVED AT 80% MEDIAN FAMILY INCOME, PUBLIC ACCESS AND CHILL EASEMENTS WERE REQUIRED TO BE INSTALLED FOR ACCESS TO LADY BIRD LAKE AND 10,000 SQUARE FEET OF RETAIL.

WE'RE REQUIRED TO BE CONSTRUCTED ON THE PROPERTY.

NEXT SLIDE, PLEASE.

THE ONLY PROPOSED CHANGE TO THE RESTRICTIVE COVENANT IS TO REALLOCATE FOR SALE UNITS AND PROVIDE FOR ADDITIONAL FOR LEASE RESIDENTIAL UNITS ON SITE, ALL OTHER ASPECTS OF THE RESTRICTIVE COVENANT, INCLUDING THE TRAIL IMPROVEMENTS THAT WERE CONSTRUCTED, RETAIL THAT WAS CONSTRUCTED AND AFFORDABILITY REQUIREMENTS WILL REMAIN INTACT.

AS I MENTIONED BEFORE, THE EXISTING PROJECT CONTAINS 454 LEASE RESIDENTIAL UNIT.

THIS REQUEST IS TO REMOVE THE REQUIREMENT FOR 45 FOR SALE UNITS AND TRANSFER THOSE UNITS TO FOUR LEASED UNITS WHILE ADDING AN ADDITIONAL 25 FOR LEASE UNITS FOR A TOTAL OF 70 NEW FOR LEASE UNITS ON THE PROPERTY, MAKING THE TOTAL 520 UNITS ITS STAFF INDICATED THIS WILL RESULT IN ADDITIONAL DENSITY ALONG EASTERN RIVERSIDE AND GO TOWARDS PROVIDING ADDITIONAL HOUSING THOUGHTS TO ADDRESS THIS, BOTH THE HOUSING DEFICIENCY AND DEFICIENCY OF AFFORDABLE HOUSING UNITS THAT THE CITY IS CURRENTLY EXPERIENCING AND WILL PROVIDE THAT HOUSING ON A COURSE TRANSIT CORRIDOR, WHICH IS ONE OF THE MAJOR GOALS OF THE CITY'S COMPREHENSIVE PLAN ALL WITHOUT DISPLACING ANY EXISTING HOUSING.

NEXT SLIDE, PLEASE.

AS I MENTIONED BEFORE, THE EXISTING RESTRICTIVE COVENANT CONTAINS THE REQUIREMENT FOR 5% OF THE FOUR LEASE RESIDENTIAL UNITS TO BE RESERVED FOR HOUSEHOLDS EARNING A MAXIMUM OF 80% OF THE MEDIAN FAMILY INCOME.

THE ORIGINAL PROPOSAL THAT IS IN THE BACKUP INFORMATION AND WAS INCLUDED IN CORRESPONDENCE TO THE COMMISSIONERS EARLIER THIS WEEK, CONTEMPLATED EMILY ADDING AN ADDITIONAL 5% OF THE NEW FOUR RESIDENTIAL UNITS AT 80% OF THE MEDIAN FAMILY INCOME, FOLLOWING ADDITIONAL DISCUSSIONS.

THE CURRENT COMMITMENT FROM EMILY IS TO PROVIDE AN ADDITIONAL 5% OF THE FOR LEASE RESIDENTIAL UNITS AT 60% OF THE MEDIAN FAMILY INCOME, THEREFORE THE AFFORDABLE HOUSING COMPONENT FOR THE PROPOSED NEW FOR LEASED RESIDENTIAL PORTION OF THE PROJECT WILL CONTAIN SEVEN NEW AFFORDABLE HOUSING UNITS WITH HALF AT 60% MEDIAN IN THE INCOME AND HALF AT 80% MEDIAN FAMILY INCOME.

IF THIS PROJECT WERE TO BE BUILT TO BUILD THE 45 FOR SALE UNITS CURRENTLY REQUIRED IN THE RESTRICTIVE COVENANT, GIVEN THE PROPERTY'S LOCATION ON THE LAKE AND ADJACENT TO THE TRAIL, THESE WOULD BE EXTREMELY HIGH END CONDOMINIUM UNITS THAT WOULD HAVE NO AFFORDABLE HOUSING REQUIREMENTS.

AGAIN, FEWER HIGH END UNITS THAT WOULD PROVIDE NO ONSITE AFFORDABLE HOUSING BECAUSE THE CITY IS NO LONGER IS NO LONGER ABLE TO INCLUDE OWNERSHIP OR AFFORDABLE HOUSING REQUIREMENTS IN PUBLIC RESTRICTIVE COVENANTS.

EMILY IS LOOKING EXCUSE ME FOR A THIRD PARTY TO ENFORCE ME ADDITIONAL 5% AFFORDABLE UNITS AT 60% MEDIAN FAMILY INCOME.

AND WE WILL HAVE THAT RESTRICTIVE COVENANT EXECUTED PRIOR TO THE CASE BEING PRESENTED AT CITY COUNCIL.

IN SUMMARY, WE ARE REQUESTING TO REMOVE THE FORESAIL SALE REQUIREMENT WITHIN THE RESTRICTIVE COVENANT AND TRANSFER THOSE UNITS TO FOUR LEASE UNITS WHILE ADDING AN ADDITIONAL 25 UNITS IN THE CORRIDOR WITH THE AFFORDABLE HOUSING COMMITMENT THAT WILL PROVIDE AN ADDITIONAL SEVEN ONSITE AFFORDABLE HOUSING UNITS ALONG RIVERSIDE CORRIDOR.

WE RESPECTFULLY REQUEST THE COMMISSION SUPPORT OF THE PROPOSED AMENDMENT.

AND WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS.

GREAT.

THANK YOU.

UM, I DO NOT HAVE ANY OTHER SPEAKERS IN FAVOR.

I HAVE ONE SPEAKER OPPOSE MALCOLM YATES.

UH, NOTHING BEATS.

ARE YOU IN THE LINE? YES, THIS IS ALBUM.

HEAR ME.

I CAN YOU HAVE SIX MINUTES? GO AHEAD.

ALL RIGHT.

THANK YOU.

MY NAME IS MALCOLM YATES AND THE CHAIR OF THE EASTBURN RECITAL, TORQUE COMBINED NEIGHBORHOOD PLANNING AREA CONTACT TEAM.

ONE OF THE PRIMARY GOALS OF THE IRAQ NEIGHBORHOOD PLAN IS TO INCREASE OPPORTUNITIES FOR HOME OWNERSHIP.

THE IRAQ AREA HAS ONE OF THE LOWEST PERCENTAGES OF OWNER OCCUPIED HOUSING IN AUSTIN.

THIS LACK OF COMMITMENT TO THE COMMUNITY TRANSLATES INTO DECREASED POLITICAL POWER, WHICH RESULTS IN FEWER CITY FACILITY AND SERVICES FOR RESIDENTS OF THIS AREA.

THIS GOAL IS THE REASON THAT THE REQUIREMENT FOR, FOR SALE UNITS WAS INCLUDED IN THE ZONING CASE OF 2006 AT THE REQUEST OF CITY COUNCIL, THE DEVELOPERS WERE GIVEN ENTITLEMENTS IN EXCHANGE FOR THIS REQUIREMENT.

[00:40:01]

THE DEVELOPER HAS OFFERED 10% OF THE TWO TO THEE HAS OFFERED TO IRAQ ON ADDITIONAL, UM, 10% OF THE, UH, 70 RENTAL UNITS WOULD BE AFFORDABLE AT 80% MFI.

UH, WHAT I'M HEARING TONIGHT IS SLIGHTLY DIFFERENT.

HOWEVER, THIS WOULD OWN EITHER WAY, EITHER OPTION.

THIS WOULD ONLY INCREASE THE NUMBER OF AFFORDABLE UNITS BY FOUR UNITS, MORE THAN THE EXISTING REQUIREMENT.

THAT 5% OF THE TOTAL RENTAL UNITS BE AFFORDABLE AT 80% MFI THE U R CONTACT TEAM CONSIDERED THIS OFFER TO BE INADEQUATE COMPENSATION FOR THE LOSS OF OWNER OCCUPIED UNITS AND VOTED TO REMOVE THE RIM.

THE REMOVAL VOTED TO OPPOSE THE REMOVAL OF THIS REQUIREMENT OF FOR SALE UNITS.

IF THIS REQUIREMENT IS RUBBLE, THE PLANNING COMMISSION AND CITY COUNCIL SHOULD REQUIRE SOME OTHER MEANINGFUL COMMUNITY BENEFIT IN EXCHANGE.

THANK YOU.

RIGHT.

THANK YOU.

UM, I'M GOING TO SWORE REBECCA TO YOU FOR REBUTTAL.

YES, CHAIR.

I JUST WOULD WANT TO MAKE ONE CLARIFYING POINT AND THAT, UM, AS, UM, MR. GATES SAID, WE WORKED WITH THE, THE CONTACT TEAM AND OFFERED THE INITIAL ADDITIONAL 5% AT 80% AND CONFIRMING WITH HIM THAT THAT HAS BEEN LOWERED, UM, IF THEIR DIRECTION TO PROVIDE ADDITIONAL COMMUNITY BENEFITS, MAKE THAT ADDITIONAL 5% AT 60%.

AND THEN JUST REITERATE THAT WITH THE FORCED SALE PRODUCT, THERE WOULD BE NO NEW UNITS, UM, PROVIDED IN THE AREA.

AND THAT THE, FOR RENT IS THE ONLY MECHANISM THAT WOULD REQUIRE ADDITIONAL AFFORDABLE HOUSING.

AND THEN JUST TO ADDRESS THE, ONE OF THE OTHER COMMENTS THAT, THAT I HEARD WAS TRYING TO CREATE VOTING POWER AND STAYING POWER.

AND ONE OF THE THINGS THAT AMBERLY HAS REALLY WORKED TO DO IS CREATE A COMMUNITY HERE.

THEY HAVE ONE OF THE HIGHER, UM, RETURN OF RENTER CAPACITY IS WITH OVER 55% OF THEIR UNITS RENEWING YOUR EVERY YEAR, WHICH IS ONE OF THE HIGHER RATES IN THIS AREA.

SO WITH THAT AGAIN, I'M HAPPY TO ANSWER ANY QUESTIONS AND APPRECIATE THE COMMISSION'S TIME.

GREAT.

THANK YOU.

DO I HAVE COMMISSIONERS WITH QUESTIONS? I SHALL GO AHEAD.

THIS, UH, MAYBE A QUESTION FOR STAFF, BUT, UM, THE THERE'S THE, UH, PERSON REPRESENTING IRAQ ROCK THAT MENTIONED THAT THERE WERE CERTAIN ENTITLEMENTS PROVIDED, UH, IN RE UH, I GUESS IN RETURN FOR THE, UM, THOSE, UH, UH, FOR SALE UNITS.

UM, I'M TRYING TO UNDERSTAND WHAT, WHAT, WHAT ENTITLEMENTS WERE SPEAKING OF, UH, THAT MAY HAVE BEEN PROVIDED TO THE APPLICANT.

DOES STAFF HAVE ANY IN, SORRY, DO WE NEED TO CLOSE THE PUBLIC HEARING? YES.

DO I HAVE A MOTION TO CLOSE PUBLIC HEARING? MR. CUSHNER? SHAY SECOND BY COMMISSIONER.

HEMPEL ALL IN FAVOR.

OKAY.

THAT'S UNANIMOUS.

UM, UH, LET'S SEE.

MS. CLARK, ARE YOU STILL AROUND? YOU WANT TO ANSWER THAT QUESTION? UM, I THINK I WOULD LIKE A LITTLE BIT CLEARER, A LITTLE BIT MORE CLARIFICATION ON MR. YATES' COMMENTS.

TO MY KNOWLEDGE, THE APPLICANT IS THE ONLY ENTITLEMENTS THEY'RE ASKING FOR IS AN INCREASE IN THE TOTAL UNIT COUNT.

THEY'RE NOT ASKING FOR ANY ADDITIONAL HEIGHT OR SAR OR, UM, AND THEY'RE NOT IS ABOUT, UM, THE ENTITLEMENTS THAT WERE ORIGINALLY GRANTED WITH THE RESTRICTIVE COVENANT SHARE.

I, THIS IS AMANDA SWORE.

I'D BE HAPPY TO SPEAK TO THAT IF IT WOULD PLEASE THE COMMISSION, MR. SHAW, IS THAT ALL RIGHT? THAT'S FINE.

THANK YOU.

OKAY.

LET'S WORK.

GO AHEAD.

THE ORIGINAL RESTRICTIVE COVENANT WAS PUT IN PLACE, UH, AND, AND MR. GATES, PLEASE, CORRECT ME IF I WAS WRONG.

I DID NOT DO THE ORIGINAL REZONING, BUT EVERYTHING THAT I HAVE FOUND, UM, INDICATES THAT THE, THE RESTRICTIVE COVENANT WAS PUT INTO PLACE AT THE, OF REZONING OF THE PROPERTY IN 2005 AND BETWEEN 2005 AND 2007, IT WAS ONE OF THOSE CASES THAT STARTED AS PART OF THE, UM, IS THE NEIGHBORHOOD PLAN AND TOOK A COUPLE OF YEARS TO GET THROUGH.

AND THAT AT THAT TIME, YOU KNOW, VERTICAL MIXED USE ZONINGS, WEREN'T SOMETHING THAT REALLY EXISTS AT UC RIVERSIDE CORRIDOR PLAN.

WASN'T SOMETHING THAT EXISTS.

SO THE PROJECT RECEIVED A REZONING TO BE ALLOWED TO BUILD.

UM, WHAT WOULD, WOULD FOLLOW A LOT ALONG THE LINES OF A VERTICAL MIXED USE PRODUCT NOW, UM, SUBSEQUENT

[00:45:01]

TO THAT ZONING, THE PROJECT HAS ACTUALLY BEEN REZONED AND IS NOW EASTERN RIVERSIDE CORRIDOR.

SO THE ORIGINAL, UM, THE ORIGINAL ZONING THAT WAS PUT INTO PLACE AT THE TIME OF THE RESTRICTIVE COVENANT BEING PUT ON THE PROPERTY NO LONGER EXISTS IN THE PROPERTY IS NOW PART OF THE EAST RIVERSIDE CORRIDOR.

AND WE ARE NOT ASKING TO INCREASE ANY, ANYTHING ABOVE THAT.

WE'RE NOT ASKING TO INCREASE ANY OF THE HEIGHT THAT IS IN THE RESTRICTIVE COVENANT, JUST ADDRESSING THE DENSITY THAT WOULD NOT APPLY IF THE PROPERTY WAS BEING DEVELOPED UNDER JUST EAST RIVERSIDE CORRIDOR BECAUSE OF THE COVENANTS IN PLACE.

IT'S AN ITEM THAT HAS TO BE ADDRESSED.

OKAY.

THANK YOU, MISS WOR.

UM, THAT'S WHERE I WOULD QUESTION, UH, DO I, DID, DID I HEAR YOU SAY THAT, UM, YOU, UH, THE APPLICANT WAS, UH, AMENABLE TO CHANGING THE AFFORDABILITY LEVEL? THE APPLICANT IS PROPOSING TO MAINTAIN THE 5% AT 80% REQUIREMENT.

THAT'S IN THE PUBLIC RESTRICTIVE COVENANT THAT EXISTS TODAY AND IS OFFERING AN ADDITIONAL 5% OF THE UNIT AT 60% OF THE MEDIAN FAMILY INCOME.

AND WOULD THAT BE 10% TOTAL? OKAY.

SO THE, UM, AND, AND THAT IS NOT WHAT'S IN THE BACKUP, IS THAT CORRECT? YES, SIR.

THAT'S ACCURATE AT THE TIME THAT BACKUP WAS SUBMITTED, THE ORIGINAL PROPOSAL THAT THE APPLICANT TEAM MADE TO THE EAST, UH, TO THE IRAQ CONTACT TEAM WAS AN ADDITIONAL 5% OF THE NEW UNITS AT 80% MEDIAN FAMILY INCOME.

BUT AS WE HAD DISCUSSIONS MOVING FORWARD, WE HAVE DROPPED THAT TO 60% OF THE MEETINGS.

YEAH.

AND IS THAT, UM, DOES THAT APPLY TO THE INCREASE IN UNITS OR THE TOTAL NUMBER OF UNITS? JUST THE INCREASE IN UNIT, THE, BECAUSE OF THE WAY THE COVENANT IS STRUCTURED, THE AFFORDABLE COMPONENTS START AT THE TIME OF, UM, AT THE TIME OF CERTIFICATE CERTIFICATE OF OCCUPANCY.

SO THE EXISTING UNITS THEY'RE AFFORDABLE COMPONENT IS ALREADY INCORPORATED.

THIS WOULD BE FOR THE NEW UNITS ON THE PROPERTY.

OKAY.

SO, UM, COULD WE HAVE A CITY HALL, UH, STAFF, UH, BRING UP, UM, PAGE 12 OF THE BACKUP SO WE CAN LOOK AT THE TEXT OF THE ACTUAL RESTRICTIVE COVENANT.

OKAY.

GIVE ME JUST A SECOND WHILE I GET THE BACKUP.

GREAT.

AND, UM, HAVE YOU ALL THOUGHT INTO JUST LOOKING AT HOW IT'S WORDED HERE? UM, THAT, WELL, ACTUALLY, UH, MS. , CAN YOU HELP WALK ME THROUGH THIS? SO THE, IS, IS THE TEXT THAT WE WOULD BE AMENDING ON PAGE 12 OF THE BACKUP? IS THAT CORRECT? OR IS IT A, THE EARLIER NO, SIR.

SO THE, THE REQUIREMENTS THAT ARE IN THIS RESTRICTIVE COVENANT ARE, ARE ITEMS THAT THE CITY LEGAL DEPARTMENT HAS DEEMED ARE NO LONGER, THEY'RE NO LONGER ABLE TO PUT IN PUBLIC RESTRICTIVE COVENANT.

SO WE ARE NOT ABLE TO AMEND THAT SECTION, WHICH IS WHY WE SAID THAT STAYS THE SAME.

WE WOULD ENTER INTO A NEW RESTRICTIVE COVENANT FOR THE 5% OF THE ADDITIONAL UNITS AT 60% OF THE 60% MFI FOR THOSE NEW UNITS.

UM, AMEND THAT, RIGHT? SO IS THE ACTION BEFORE US THEN TO TERMINATE THE, UH, RESTRICTIVE COVENANT, OR JUST TO, JUST TO ADJUST THE NUMBER OF UNITS BECAUSE THE, UH, INCOME RESTRICTED PORTIONS ARE NO LONGER ENFORCEABLE OR WISH TO BE ENFORCED OR BE ACTIVE THE ACTION BEFORE YOU IS TO REMOVE THE REQUIREMENT FOR, FOR SALE UNIT AND INCREASE.

THE ALLOWABLE FOR RENT UNIT IS THE ONLY CHANGE THAT WOULD HAPPEN IN THE RESTRICTIVE COVENANT THEN, AND THEN THERE WOULD BE A NEW, PRIVATE, RESTRICTIVE COVENANT TO ADDRESS THE ADDITIONAL AFFORDABLE HOUSING.

RIGHT.

AND DO YOU HAVE A COPY OF THE PROPOSED NEW AFFORDABLE HOUSING, A NEW RESTRICTIVE COVENANT IN THE, UM, IN THE BACKUP? UH, NO, SIR.

WE WERE, WE HAD OFFERED THAT TO THE EAST RIVERSIDE, UH, NEIGHBORHOOD PLAN CONTACT TEAM.

AND WHEN THEY VOTED TO NOT SUPPORT THIS AMENDMENT, WE ARE CURRENTLY SEARCHING FOR A THIRD PARTY ENFORCER SINCE THIS IS NOT SOMETHING THAT CAN GO INTO A PUBLIC COVENANT AND BE ENFORCED BY THE CITY ANYMORE.

OKAY.

SO, UM, AS, AS EVERYONE IS AWARE, UH, THE, UM, DUE TO CHANGES IN STATE LAWS, SINCE I THINK THE ORIGINAL, UH, RESTRICTIVE COVENANT WAS DRAFTED, UM, WE, WE, UH, ARE BARRED BY STATE LAW FROM INCREASING THE, UM, THE, UH, JUST ASK, UH, YOU KNOW, IT WAS CONSENT TO GO OVER JUST A L JUST A SECOND HERE.

UM, SO WE CAN'T PUT THAT IN THE, UM, UH, AS A BASIS FOR OUR RULING TODAY, THE, THE ACTION TODAY WOULD

[00:50:01]

BE ON THE RESIDENTIAL UNITS AND THEN TO ELIMINATE THAT REQUIREMENT TO INCREASE THE TOTAL NUMBER OF UNITS.

UM, BUT YOU ARE STATING ON THE RECORD THAT IT IS YOUR INTENTION BY WHAT READING OF CITY COUNCIL TO HAVE A RESTRICTIVE COVENANT IN PLACE, JUST FOR OUR INFORMATION, UH, REGARDING, UM, A TOTAL OF 10% OF THE NEW UNITS BE INCOME RESTRICTED FIVE AT 80 AND FIVE AT 60.

YES, SIR.

I AM STATING THAT ON THE RECORD AND RESTRICTIVE COVENANT AMENDMENT ONLY HAVE ONE READING AT CITY COUNCIL, SO WE WILL HAVE IT DONE BEFORE IT GOES TO CITY COUNTY.

RIGHT.

AND, UH, MS. COURT, CAN YOU MAKE SURE THAT THE, UH, BACKUP, UH, UH, RECORDS THAT, UH, FOR THE RECORD, UM, BY THE TIME IT GETS TO THE COUNCIL, SO THAT THEY'RE FULLY APPRISED OF THE SITUATION? YES.

WILL THANK YOU.

OTHER COMMISSIONERS WITH QUESTIONS, COMMISSURE ANDERSON AND SHEA CUT ONE FOR THE APPLICANT.

UM, I THINK I KNOW THE ANSWER LOOKING OVER EVERYTHING, BUT I DON'T WANT TO ASSUME THAT THAT I'M SAYING, AND THE INTERPRETATION IS CORRECT.

IS THERE ANY ACCESS TO THIS REMAINING PIECE OF LAND FROM RIVERSIDE OR FROM OTHER, ANY OTHER PUBLIC RIGHT AWAY EXCLUDING TOWN LAKE? NO, SIR.

THE ONLY WAY THAT THIS AREA THAT'S NOT DEVELOPED COULD BE ACCESS WOULD BE THROUGH THE EXISTING PRIVATE ROADS BECAUSE OF THE CONFIGURATION OF UTILITY EQUIPMENT.

THAT'S ADJACENT TO THAT.

OKAY.

THANK YOU, MR. SHEA.

SO, UM, MS. WALKER, IF YOU CAN HELP ME OUT.

SO I GUESS THE, THE WORDING WAS, I DON'T KNOW, I, IT WAS A LITTLE CONFUSED CAUSE IT WAS SO IT'S 5% OF THE FOUR 50 IS GOING TO BE AFFORDABLE FOR 80%.

RIGHT.

AND THEN, UM, THE ADDITION YOU SAID ABOUT, WE'RE ALSO GOING TO PUT ANOTHER 5% IN RESTRICTED COVENANT FOR 60%, AND YOU SAID IT WAS A TOTAL OF 10%, BUT THEN I'M CONFUSED BECAUSE I THINK YOU SAID, OH, IT'S 5% OF THE NEW UNIT.

SO IS IT 5% OF 70 OR 5% OF THE FOUR 50? IT IS VERY CONFUSING AND I'VE WRAPPED MY BRAIN AROUND IT SO MANY TIMES.

SO I APOLOGIZE IF I DIDN'T EXPLAIN IT CLEARLY.

SO THERE IS A 5% AT 5% OF THE 450 UNIT REQUIREMENTS THAT, THAT HAS BEEN PROVIDED.

THOSE UNITS ARE ALREADY IN CIRCULATION THERE, THAT REQUIREMENT WOULD CONTINUE FOR ANY NEW UNITS, SO THAT 70 WOULD AUTOMATICALLY HAVE A 5% REQUIREMENT THE WAY THE COVENANT IS DRAFTED TODAY, WE'RE OFFERING AN ADDITIONAL 5% OF THOSE OF THE 70 UNITS.

OKAY.

I SEE.

SO THE FOUR 50 IS, IS REALLY THE FOUR 50 HAS, WELL ACTUALLY THE REGIONAL.

OKAY.

SO IT'S ACTUALLY NOT 10% OF THE FOUR 50.

IT'S ACTUALLY 5% OF THE 70 IT'S 10% OF THE 70.

SO IF THESE WERE TO BE DONE YEAH, CORRECT.

ONLY OF THE NEW UNITS.

OKAY.

I SEE.

YEAH, BECAUSE, SO I ALWAYS THINKING, OKAY, WE'RE, WE'RE, WE'RE, WE'RE USING THE TOTAL NUMBER OF UNITS, BUT YOU'RE JUST TELLING ME IT'S, IT'S 10% OF JUST, WE'RE ONLY DEALING WITH THE 70, THE FOUR 50 DOESN'T EVEN COME INTO CALCULATIONS AT THAT POINT.

THAT'S ALREADY IN CIRCULATION IS WHAT YOU'RE SAYING.

THAT'S ACCURATE.

YES, SIR.

OKAY.

ALRIGHT.

UM, ALRIGHT.

THAT CLARIFIES ANY OTHER COMMISSIONERS WITH QUESTIONS? COMMISSIONER IS OUR COMMISSIONER HONEST PLUTO, THEN COMMISSIONER HEMPHILL, GO AHEAD, CHAIR.

MS. WARREN.

I HAVE A QUESTION FOR YOU.

SO NOW WE'RE IN THIS SITUATION WHERE IT'S 3.5 MINUTES OR ONE FIVE MINUTES OR 60% MFI.

UM, WOULD YOU SAY THERE THAT WHEN YOU ROUNDED UP TO THAT SEVEN, THAT FOUR MINUTES AND THEN THREE UNITS BE AT 80%, YOU'RE GOING TO HAVE TO MAKE THE DECISION BECAUSE IT'S SEVEN MINUTES, WE WOULD MAKE THAT COMMITMENT THAT MAKE THE HIGHER PERCENT AT 60%, THE HIGHER, IF IT'S AN ODD NUMBER TO MAKE THE HIGHER NUMBER AT 60%, IF THAT MAKES SENSE TO ADDRESS THE QUESTION ABOUT MS. CLARK, PUTTING THAT IN BACKUP, I WOULD BE HAPPY TO WRITE A LETTER ADDRESSING BOTH OF THOSE ITEMS TO BE PRESENTED IN THE BACKUP AT CITY COUNCIL.

GREAT.

AND, UH, JUST TO CLARIFY COMMISSIONERS, ARE YOU WEREN'T NEGOTIATING, YOU WERE JUST ASKING FOR CLARIFICATION.

YES.

I WAS ASKING FOR CLARIFICATION.

OKAY.

ARE YOU COMPLETE? UM, AND THEN I JUST HAVE ONE QUICK QUESTION FOR MR. GATES.

UM, MS. SHE HAD SUCH AS WANTING TO UNDERSTAND, YOU SAID THAT, YOU KNOW, WE ARE GOING TO DO AMEND THE RESCRIPT GOVERNANCE, UM, DO REQUIRE SOME MEANINGFUL COMMITMENT AND JUST WANTED TO UNDERSTAND FROM THE NEIGHBORHOOD PERSPECTIVE OR CONVERSATIONS, UM, WHAT WOULD YOU ALL CONSIDER A MEANINGFUL COMMITMENT AT THIS TIME?

[00:55:02]

THE, UH, THE TEAM REALLY WANTED THE, UH, OWNER OCCUPIED UNITS, BUT, UM, PERSONALLY I WOULD BE SATISFIED THAT THIS IS A LITTLE BETTER DEAL THAN WHAT WE WERE ORIGINALLY OFFERED.

AND ONLY ONE QUESTION I HAVE IS THIS IS GOING TO BE PUBLIC RESTRICTIVE COVENANT.

IS THAT CORRECT? UH, I'M GOING TO ASK THIS ONE QUESTION AND SHE CAN ANSWER IT THIS SWORE.

UM, WELL, I'LL JUST CLARIFY FOR OUR RULES AND FIRST STATE LAW FOR A CITY PROCEDURE THAT, UM, UH, THE, THE SIXTH LAW, UM, INTERPRETATION OF STATE LAW IS THAT WE CAN NO LONGER PUT THOSE KINDS OF REQUIREMENTS INTO PUBLIC RESTRICTIVE COVENANTS.

SO, UH, WHAT YOU'VE HEARD AROUND THE PRICE TODAY IS, UH, THE APPLICANT IS COMMITTING TO PUT THAT INTO A PRIVATE RESTRICTIVE COVENANT, UM, AND THEN INCLUDE THAT IN THE BACKUP FOR COUNCIL, UH, ABOUT AS FAR AS WE ARE LEGALLY ALLOWED TO GO.

UM, BUT I'LL, I'LL LET THE APPLICANT ELABORATE ON THAT.

SHE LIKES, YES, TARA, THE CITY LEGAL DEPARTMENT HAS SEEN THAT WE CAN'T ADD THAT INTO A PUBLIC COVENANT, SO IT WOULD HAVE TO BE A PRIVATE RESTRICTIVE COVENANT ENFORCEABLE BY A THIRD PARTY.

SO THE CITY IS AMENABLE TO HAVING ANOTHER PRIVATE, RESTRICTIVE COVENANT, BECAUSE I UNDERSTOOD THAT THE CITY NO LONGER WANTED TO BE A PARTY OF THESE PRIVATE RESTRICTIVE COVENANTS, I GUESS MR. GATES, THE, UM, THE CITY NO LONGER DOES PUBLIC RESTRICTIVE COVENANTS REGARDING AFFORDABLE HOUSING, UH, CAUSE STATE LAWS IS SUCH THE CITY CANNOT CONDITION THE ZONING OR OTHER ACTION LIKE THAT UPON, UH, REQUIREMENTS FOR AFFORDABLE HOUSING UNITS.

SO, UM, THE, UH, WHAT THE APPLICANT IS STATING IS THAT IT IS THEIR INTENT TO CREATE A NEW PRIVATE, RESTRICTIVE COVENANT.

UM, BUT THAT, THAT INFORMATION WILL BE THAT THAT WILL BE LOCKED DOWN BEFORE CITY COUNCIL MAKES THEIR DECISION.

OKAY.

I UNDERSTAND.

AND I JUST WANT TO SAY, WELL, THANK YOU MR. GATES, AND JUST QUICKLY WANT TO MENTION, UH, MS. MORRIS, YOU CONSIDER WORK ON THEIR PRIVATE VOLUNTARY, UM, RESTRICTIVE GOVERNANCE.

HE'S WORKED WITH DEAN, UM, CYNTHIA SORT OF MAKE THAT COMMITMENT TO MAKE SURE THAT WE KEEP THE TEAM IN THE LOOP SO THAT THEY SEE A COPY OF IT.

THANK YOU VERY MUCH.

CHAIR.

COULD YOU ASK THAT EVERYONE DOES NOT SPEAKING YET THEMSELVES? THERE'S SOME, THERE'S SOME DISTURBANCE ON THE LINE.

YEAH.

UM, I WONDER IF THAT IS COMMISSIONER IS OURS MIKE, THAT GIVES US PROBLEMS MAYBE.

UH, I'M NOT SURE, BUT, UH, WE'RE ALL GOOD NOW, UH, COMMISSIONER GANAS, PULIDO, THEN COMMISSIONER AND PULL THEN COMMISSIONER FLORES.

YEAH, I THINK MY QUESTION GOT ANSWERED WITH THE PREVIOUS ONE, BUT IT WAS REGARDING DIVIDING SEVEN 70 INTO 5% AND WHERE THAT WAS GOING.

SO I WANTED TO VERIFY, I JUST WANTED TO BE CLEAR.

NO, I'M SORRY TO, I'M SORRY TO BREAK IN, BUT I'M NOT SURE UNDER OPEN MEETING LAWS THAT I CAN RECOGNIZE YOU IF YOUR VIDEO'S NOT ON.

SO I JUST ONE, ARE YOU ALL NOT ABLE TO SEE ME? SORRY.

IT'S CUTTING IN AND OUT.

I CAN SEE MYSELF FINE.

SO I'M NOT SURE.

I CAN'T TELL WHEN YOU ALL CAN'T SEE ME.

SORRY.

I'M CURRENTLY OFF KRISHNA RIVERA.

ARE WE ABLE TO, UM, MAYBE NOT FOR VOTES, BUT RECOGNIZE COUNTRY GANAS, QUITO TO SPEAK AND ASK QUESTIONS WHILE WE MAY NOT BE GETTING ANY VIDEOS, IS THAT ALLOWABLE CHAIR COMMISSION LAYS ON THE ANDREW RIVERA FOR BOTH A VOTE AND DEBATE A COMMISSIONER CAN DO SO VIA AUDIO OR VIDEO.

OH, OKAY.

GREAT.

I WAS MISINFORMED.

ALL RIGHT, GO AHEAD AND COMMIT YOUR ASS.

SORRY TO INTERRUPT.

THAT'S OKAY.

UM, IT WAS REGARDING THAT SAME QUESTION ABOUT THE COUNT, EXCEPT NOT ABOUT ANY KIND OF LIKE THE, THE THREE VERSUS FOUR 60 VERSUS 80, BUT I WAS TRYING TO CONFIRM THE NUMBER OF UNITS, ADDITIONAL AFFORDABLE UNITS THAT WE'RE GETTING, UM, AS A RESULT OF, UH, BASICALLY WAIVING THIS OWNER OCCUPIED REQUIREMENT.

SO IS IT THREE OR FOUR? IT'S SEVEN NEW UNIT.

OH, IT'S SEVEN.

IT'S THE FULL SEVEN.

OKAY.

YES.

MA'AM THANK YOU.

YES, MA'AM MR. APPLE.

MY QUESTION WAS ANSWERED EARLIER.

COMMISSIONER IS OURS QUESTION ABOUT THE IT'S OFF THE TABLE.

THANK YOU.

THANK YOU.

COMMISSIONER FLORES,

[01:00:12]

PRESSURE FLORES.

UM, MY QUESTION IS FOR MS. SWORE, HOW MANY UNITS ARE CURRENTLY OWNER OCCUPIED? AND IF WE PASS THIS TODAY, WHAT IS THE TRANSITION OF THOSE OWNER OCCUPIED UNITS? UH, THERE ARE CURRENTLY NO OWNER OCCUPIED UNITS, UH, JUST THE 450 ORIGINALLY CONTEMPLATED FOR THESE UNITS WERE CONSTRUCTED THAT THERE WOULD, THERE ARE CURRENTLY NO OWNER OCCUPIED IN THERE.

THIS WOULD RESULT IN NO UNOCCUPIED UNITS.

THEY WOULD CONTINUE TO BE FOR LEASE UNIT.

GREAT.

UM, MR. RIVERA AND I ARE HAVING A DISPUTE OVER WHETHER OR NOT COMMISSIONER HEMPHILL'S TURN COUNTED.

UM, IS THERE A, IS THERE ANYBODY ELSE WHO WISHES TO ASK A QUESTION OR SPEAK DURING THE ROUND ROBIN FISHER KASI I'LL ASK BECAUSE I DON'T THINK MR. CAMPBELL'S TURN REALLY COUNTED.

UM, I HAVE A