Link

Social

Embed

Download

Download
Download Transcript

[00:00:03]

AND YOU WERE LIKE, OKAY,

[Call to Order]

THIS IS THE REGULAR MEETING OF THE ENVIRONMENTAL COMMISSION, JUNE 3RD, 2020 3:00 PM.

TO 4:30 PM.

VIA VIDEO CONFERENCING.

I'M GOING TO TAKE ROLL CALL, PLEASE.

UNMUTE.

AND, UM, LET ME KNOW IF YOU'RE PRESIDENT C SMITH.

YES.

COMMISSIONER THOMPSON PRESENT.

MISSIONER NEIL COMMISSIONER NEELEY HERE.

COMMISSIONER COIN, COMMISSIONER MACIO COMMISSIONER MACIO I THINK SHE'S HERE.

MAYBE SHE'S YES, SHE IS.

SHE'S ON IMAGE, MISSION OR BEDFORD HERE? UH, COMMISSIONER GORDON YUP.

COMMISSIONER AMBERG AND COMMISSIONER GUERRERO.

.

OKAY.

JUST VERY BRIEFLY NOW THAT WE HAVE CALLED THE MEETING TO ORDER, UM, IT'S NEAT.

WE NEED TO REALIZE THAT TODAY, UM, THE CLERK'S OFFICE HAS REQUESTED THAT WE TAKE ALL REGISTERED SPEAKERS AT THE BEGINNING OF THE MEETING, INCLUDING THE APPLICANTS.

SO IF YOU HAVE A SPECIFIC QUESTION FOR THE APPLICANT, YOU WILL NEED TO DO IT AT THE BEGINNING.

CAUSE ONCE WE TAKE BOTH THE SPEAKERS AND THE APPLICANTS, THEY WILL NOT BE ABLE TO COME BACK, UH, TO, TO, UM, ANSWER ANY QUESTIONS.

SO WE HAVE FOUR ITEM SIX, A B AN ITEM C.

WE DO HAVE ALL THE PARTICIPANTS, I BELIEVE, UH, ON PHONE READY AND AVAILABLE FOR, FOR Q AND A .

AND THEN, UM, ALSO I'M GOING TO FLIP THE, THE AGENDA AND WE'RE GOING TO GO BACKWARDS AND GO 66, B SIX EIGHT .

AND PLEASE KEEP MUTED UNTIL YOU NEED TO RESPOND OR ASK A QUESTION LAST TIME.

THERE WAS A PROBLEM WHERE I DIDN'T SEE ANY HANDS.

SO JUST SAY, MADAM CHAIR, I HAVE A QUESTION OR I'LL HAVE BOTH, UM, THE VICE CHAIR AND THE SECRETARY LOOKING AND ACKNOWLEDGING ANYONE THAT THEY HAPPEN TO SEE.

THAT'S WANTING TO ASK A QUESTION.

IS THAT FAIR? OKAY.

SO TODAY, UM, ON OUR AGENDA, WE HAVE NOTHING FOR ITEM ONE, A, BUT WE DO HAVE

[Item 2]

ITEM TWO, A, WE NEED TO APPROVE THE MINUTES OF MARCH 4TH, 2020, APRIL 15TH, 2020, AND MAY 20TH, 2020 OF THE ENVIRONMENTAL COMMISSION MEETING MINUTES.

WE CAN TAKE ALL THREE OF THESE AND VOTE FOR ALL OF THEM AT ONE TIME AS MY UNDERSTANDING.

SO, UH, IF WE HAVE A MOTION, THEN WE CAN SEE IF ANYONE WANTS TO, UH, EDIT THUMB OR CHANGE ANY OF THE WORDING.

I MOVE TO APPROVE THE MEETINGS FOR MARCH 4TH, APRIL 15TH AND MAY 20TH.

SECOND, MR. KORN, SECOND THOUGHT.

OKAY.

DO WE HAVE ANY FURTHER DISCUSSION ON THESE THREE MINUTES? AND IT CHANGES.

I DON'T SEE ANYTHING.

DOES ANYONE ELSE SEE ANYONE WITH AN ISSUE? IF NOT, LET'S GO AHEAD AND HAVE A ROLL CALL ON THIS BECAUSE WE HAVE ALL THREE OF THE MINUTES GOING FORWARD.

COMMISSIONER SMITH.

YES.

COMMISSIONER THOMPSON.

YES.

COMMISSIONER NEELEY.

MARIANA'S HERE.

YES.

YES.

COMMISSIONER COIN.

MICHELLE MACIO I REALLY NEED HER TO RESPOND.

COMMISSIONER COMMISSIONER.

MACIO CAN YOU UNMUTE YOUR PHONE? I WON'T COUNT.

OKAY.

COMMISSIONER BEDFORD? YES.

[00:05:01]

MR. GUERRERO? YES.

COMMISSIONER LAMBERG AND COMMISSIONER GORDON? YES.

OKAY.

SO THAT'S NOW, SO YOU MAY ASK HER AGAIN, ARE YOU, DO YOU AGREE WITH APPROVAL OF THE MINUTES? WOULD THE MARCH 4TH, FIFTH, APRIL 15TH.

TO MAY 20TH? YES.

VERY GOOD.

OKAY.

THAT'S 10.

ALRIGHT.

MOTION CARRIES 10 OUT.

THANK YOU, COMMISSIONERS.

.

OKAY.

SO WE'RE GOING TO THEN GO THROUGH DOWN PAST THREE, A FOUR, A FIVE A AND WE'RE NOW AT

[Item 6]

SIX, EIGHT, FOUR PUBLIC HEARINGS AND POSSIBLE ACTION, BUT WE NOW NEED TO TAKE, UM, COMMISSIONER COIN IS GOING TO SEE IF THERE'S ANY SPEAKERS THAT HAVE SIGNED.

AND FOR ANY OF THE ITEMS, WE HAVE TWO SPEAKERS REGISTERED, ONE FOR 6:00 PM, SIX, EIGHT, SAME ONE FOR 16.

UM, I DON'T KNOW WHAT, OR DO YOU WANT TO TAKE SPEAKERS IN IT DOESN'T MATTER.

OKAY.

UH, WE HAVE FOUR, SIX, EIGHT, UH, SPRINGVILLE FARMS. UH, OUR ONE REGISTERED SPEAKER IS BOBBY LEVINSKY.

OKAY.

BOBBY, IF YOU'RE THERE, YOU HAVE THREE MINUTES BOBBY .

UM, CAN I JUST CLARIFY? SO ON THIS ONE, I GET THREE MINUTES AND THEN I GET THREE MINUTES ON THE OTHER ONE.

YES.

OKAY.

SORRY.

I THOUGHT I HAD THE ONLY TREATMENT FOR ALL, SO I'LL BE REALLY QUICK.

UM, I HAD ONLY PLANNED ON TALKING BRIEFLY ON THIS ONE, SO I JUST, WE HOPE TO SUPPORT THIS AFRICAN FOUNDATION.

THE APPLICANT'S EXHIBIT MAKES IT CLEAR THAT THEY CAN BUILD A SUFFICIENTLY SIZED PROJECT WITHOUT ENCROACHING UPON THE CRITICAL WATER QUALITY ZONE.

I SENT YOU AN ATTACHMENT IN THE EMAIL, UM, THAT IS THEIR THIRD PAGE.

IT SHOWS EXACTLY WHERE THEY COULD PLACE THE FIRE LANES OUTSIDE THAT CRITICAL, AND THEY CAN STILL HAVE A SUFFICIENT PROJECT.

SO, UM, I THINK THIS IS ONE OF THOSE CASES WHERE EVEN BY THE APPLICANTS ON A MISSION, THEY FAIL THE TEST FOR AN ENVIRONMENTAL VARIANCE.

AND I HOPE THAT YOU GUYS, UM, JUST APPLY THE CODE AS IT'S WRITTEN.

THANK YOU.

THANKS BOBBY.

UM, WANT TO STAY ON AND UH, AND, AND WE'LL GIVE YOU A RESTART ON THE THREE MINUTES FOR ITEM SIX, B HIGHLY, CERTAINLY ONE AND MOM SHADOWS.

RCA.

YES.

THANK YOU.

UM, SO THIS IS GETTING BOBBY LIVE IN PSA OF OUR SPRINGS ALLIANCE.

UM, I WANTED TO ACTUALLY START ON THE OTHER ONE, JUST SO THE THING THAT I'M REALLY APPRECIATIVE OF CHRIS HARRINGTON, NATHAN PHILLIPS IN THE ENVIRONMENTAL REVIEW STUFF, CAUSE WE'RE, WE ARE ON CASES LIKE THIS ON YOUR AGENDA TODAY IS A COMPLETELY DIFFERENT PLANET THAN WE WERE JUST A FEW YEARS AGO.

UM, WE'RE OFFICIALLY NEUTRAL ON SIX B.

THE ISSUE THAT WE HAVE IS NOT NECESSARILY AS MUCH WITH THE DEAL ITSELF, BUT THE CITY'S INTERPRETATION OF CHAPTER TWO 45 GRAND BOTHERING THAT, UM, PUT US IN A PLACE WHERE WE NEED TO DICTATE AND NEGOTIATE IN THE FIRST PLACE.

THE OAK HILL AREA STUDY COVERS OVER 800 ACRES OF LAND, UM, IN THE BARTON SPRINGS ZONE, UM, AND RUN SOME CREEK WATERSHED.

AND THE BARN SPRINKLER SAID, UM, WITH WENDY'S PROPERTIES WERE ANNEXED INTO THE CITY.

THE CITY INITIATED THE ZONING PROCESS THAT THEY WORKED WITH THE LANDOWNERS TO ESTABLISH DEVELOPMENT ENTITLEMENT.

UM, AND AS PART OF THAT PROCESS, LANDOWNERS VOLUNTARILY AGREED TO ENCUMBER THEIR SITES WITH RESTRICTIVE COVENANT TO LIMIT THEIR DEVELOPMENT RIGHTS WITH IMPERVIOUS COVER RESTRICTIONS AND OTHER THINGS.

UNFORTUNATELY, THE STATE LEGISLATURE CAME IN AFTER THIS HAPPENED, UM, AND, UH, AMENDED CHAPTER TWO 45 TO ALLOW THE DEVELOPERS TO GRANDFATHER TO RESTRICT THE COVENANTS THAT WERE REQUIRED BY THE CITY, BUT DESPITE NOT ACTUALLY BEING A PARTY TO THESE COVENANT SQUARE KILL AND DESPITE NOT ACTUALLY SIGNING THEM OR MANDATING THEM, THE CITY HAS INTERPRETED THIS PROVISION OF CHAPTER TWO 45 TO GRANT THAT DID WRITE TO THE OAK HILL STUDY RESTRICTIVE COVENANT TO MAKE MATTERS WORSE.

THE CITY'S ALSO IGNORING LANGUAGE IN THE RCS THAT STATE THAT THE PROPERTIES WERE SUBJECT TO THE CITY'S ENVIRONMENTAL CODES AT THE, AS AMENDED FROM TIME TO TIME, UH, LANGUAGE THAT'S IN THERE.

AGAIN, WE'RE GOING TO CONTINUE TO TALK ABOUT WHAT THAT, WHAT THE CITY, BUT, UM, THAT'S JUST WHY WE CAN'T SUPPORT THE DEAL BEFORE YOU TODAY, BUT WE'RE NEUTRAL BECAUSE THE DEAL BEFORE YOU DOES HAVE VALUE, THE APPLICANT HAS COMMITTED TO THE SOS WATER QUALITY STANDARDS FOR THE ENTIRE SITE.

THEY ARE TAKING A SITE AND PERVIOUS COVER HIT ON THE RIGHT OF WAY DEDICATION.

AND, UM, WITH THE EXCEPTION OF IMPERVIOUS COVER, THEY'D RUN THE, DID THE DEVIATION FROM THE CURRENT CODE TO ESSENTIALLY A ONE ACRE PORTION OF THE SITE.

WE DO THINK THAT THEIR REQUEST FOR EIGHT FEET MIGHT BE A LITTLE OVERBROAD.

UM, THEY COULD PROBABLY NARROW THAT DOWN A BIT BY REDUCING PARKING OR SHIFTING THE CONFIGURATION A BIT.

BUT AGAIN, UM, IT'S JUST THE, THE PROBLEM ISN'T, UH, WITH THIS, WE SHOULDN'T BE HERE IN THE FIRST PLACE.

IT'S A CHANGE OF USE, WHICH IS A NEW PROJECT UNDER ANY INTERPRETATION OF CHAPTER TWO 45.

THE STARTING POINT SHOULD BE CURRENT CODE.

WHEN YOU CONSIDER DEALS LIKE THIS, THAT'S WHERE OUR STARTING POINT SHOULD

[00:10:01]

BE CURRENT CODE IN THE COMING WEEKS.

WE'RE GOING TO TRY TO PRESENT TO Y'ALL AND THE CITY A PATH FORWARD FOR THESE TYPES OF RESTRICTIVE COVENANT CASES.

SO WE CAN AVOID THIS DEAL BY DEAL HORSE TRADING THAT HAPPENED.

WE THINK THAT IF THERE'S A CODE PROVISION OR THE LIGHT THAT COULD BE ESTABLISHED, THAT ESTABLISHES A BASELINE OF WHAT THE CITY THINKS SHOULD HAPPEN.

WE COULD HAVE THESE RESTRICTIVE COVENANTS COME IN WITH A CHANGE OF USE, AND WE CAN SET OUT A FRAMEWORK WHERE THEY JUST AGREE TO CERTAIN ENVIRONMENTAL STANDARDS WITHOUT HAVING TO GET ALL OF THESE APPROVALS FROM THE COUNCIL.

AND THE, LIKE, I THINK THAT THERE'S A POSSIBILITY THERE.

UM, YES, WE HAVE THE NONDEGRADATION STANDARD MET ON THIS SITE, BUT WE DON'T HAVE THE AQUIFER INFILTRATION BECAUSE WE'RE NOT REDUCING THE IMPERVIOUS COVER ON A PREVIOUS DEAL.

WE HAD THE AQUIFER ON FLOTATION, BUT WE DIDN'T HAVE THE NONDEGRADATION STANDARD.

SO WE THINK THAT THERE'S A WAY TO GET THE, BOTH WITH A SIMPLER PATH, A SIMPLER PATH, UM, IN A FAIR AND REASONABLE WAY THAT PROMOTES COMPLIANCE WITH THE SOS ORDINANCE.

BUT AGAIN, VERY THANKFUL FOR THE APPLICANT FOR AGREEING TO SO THAT'S WATER QUALITY.

SO, UM, JUST CAUSE WE ARE TRYING TO PUSH FOR AN, A PLUS STANDARD INSTEAD OF A B MINUS DOESN'T MEAN THAT WE'RE OPPOSED TO IT.

WE'RE JUST NEUTRAL.

THANK YOU.

THANKS BUDDY.

OKAY.

UH, THOSE ARE ALL OF THE REGISTERED, UH, HE WAS THE ONLY REGISTERED SPEAKER ON ANY ITEM, UNLESS KYLA, I AM MISSING SOMETHING.

CHRIS HARRINGTON, ENVIRONMENTAL OFFICERS.

SO WE DO HAVE THE APPLICANTS ON ALL THREE ITEMS. YES.

YEAH.

AND SO WHY DON'T WE, SINCE WE'RE GOING TO GO BACKWARDS WITH OUR OKAY.

AGENDA TODAY, WE NEED TO NOW SEE PEOPLE HAVE SPECIFIC QUESTIONS FOR THE APPLICANTS THAT ARE AREN'T ONLINE.

AND SO WITH, UM, LET'S GO DOWN TO ITEM SIX C OKAY.

UM, STONE WASTEWATER SERVICE EXTENSION REQUEST NUMBER FOUR SIX TWO TWO.

WE HAVE THE APPLICANT, MR. RYAN, WHOSE IS THE ONLINE.

IF ANYONE HAS A QUESTION AT THIS TIME, WOULD YOU RAISE YOUR HAND OR LET US KNOW? I DON'T, I DON'T SEE THAT ANYONE HAS A QUESTION.

ALL RIGHT.

SO NOW LET'S GO UP TO, UH, SIX B UM, IT IS C 14 DASH 85 DASH TWO EIGHT EIGHT POINT 56, RESTRICT RCA HIGHWAY 71 AND MOUNTAIN SHADOW.

DOES ANYONE HAVE QUESTIONS FOR THE APPLICANT AT THIS TIME? MADAM CHAIR, THIS IS KAYLA CHAMPLIN WATERSHED PROTECTION.

I JUST WANTED TO CLARIFY THAT THE APPLICANT MICHELLE ROGERS LYNCH HAS REQUESTED THREE MINUTES TO SPEAK ON ITEMS SIX FEET.

OKAY.

THAT'S FINE.

MICHELLE'S READY TO SPEAK NOW.

OKAY.

I'M SORRY, KAYLA.

THERE'S SOME CONFUSION.

I DON'T NEED TO SPEAK IN ASKED QUESTIONS.

SO, UM, IF ANYONE HAS QUESTIONS, LET ME KNOW.

I HAVE A QUESTION FOR STAFF.

WE HOLD OUR QUESTIONS UNTIL THE, AFTER THE APPLICANTS ARE FINISHED VOLUNTARY.

YES, THAT'S CORRECT.

WE WILL, UM, GIVE BRIEF PRESENTATIONS TO LAY OUT EACH OF THE THREE ITEMS AND THEN YOU CAN ASK ANY QUESTIONS.

ALRIGHT.

I'M GOING ONCE GOING TWICE FOR SIX B FOR THE APPLICANT, AND NOW LET'S MOVE UP TO ITEM SIX.

A SPRINGDALE FARMS IS THE APPLICANT IS A SPRINGDALE FARM SIX P DASH 2019 DASH ZERO TWO FIVE THREE C.

THE APPLICANT IS STORY BUILT.

UM, IF SOMEONE AVAILABLE FOR THIS YES.

MA'AM THIS WAS JARED CORBELL.

JARED .

YES.

MA'AM.

I WOULD LIKE TO SPEAK FOR THREE MINUTES IF THAT'S ALL RIGHT.

YES.

OKAY.

STARTING NOW, I GUESS.

UM, SO, UM, OBVIOUSLY THIS IS A LARGE PROJECT, AND THEN WE COULD, WE COULD TALK FOR AN HOUR ABOUT THIS ONE, BUT I WANTED TO KIND OF HIT SOME KEY POINTS.

UM, WE HAVE BEEN IN THE PLANNING PROCESS OF THIS SITE WITH THE NEIGHBORHOOD AND OUR ADJACENT NEIGHBORS FOR APPROXIMATELY 12 MONTHS NOW, UH, WORKING, UH, IN COLLABORATION TO DEVELOP A SITE PLAN THAT, UH, MEETS ALL OF THE DESIGN GOALS THAT EVERYONE IN THE NEIGHBORHOOD SET OUT TO ACHIEVE.

AND SO I THINK THAT'S REALLY IMPORTANT TO MENTION HERE BECAUSE, UH, THIS IS A COLLABORATION AND NOT JUST, YOU KNOW, STORYVILLE, TRYING TO SQUEEZE AS MUCH IN, WE CAN, UH, THE THREE ENCOURAGEMENTS THAT WE ARE PROPOSING, UH, TO BEING A FIRE LANE, UH, PERVIOUS PAID FIRE LANE INTO TWO PORTIONS OF CRITICAL

[00:15:01]

WATER QUALITY ZONE.

UH, CURRENTLY THOSE, UH, FALL END ENCROACHMENTS REPRESENT LESS THAN 5% OF THE ENTIRE FLOOD, PLAIN CRITICAL WATER QUALITY ZONE OF THIS ENTIRE TRACT, WHICH MAKES UP, UH, JUST ABOUT 73,000 SQUARE FEET, UH, OF THAT 3,500 SQUARE FEET OF ENCROACHMENT.

UH, 1200 SQUARE FEET IS WITHIN THE INITIAL 50 FOOT OFFSET OF THE CHANNEL CENTER LINE, UH, WHICH IS A MANMADE CHANNEL THAT CARRIES, UH, JUST OVER THE 64 ACRE THRESHOLD, UH, THAT DEEMS CRITICAL WATER QUALITY ZONE.

UH, AND WITHIN THESE PARTICULAR AREAS, UH, YOU'VE GOT ONE SECTION THAT INCLUDES AN EXISTING HOME THAT IS EXISTING NONCONFORMING.

UH, SO OBVIOUSLY IMPERVIOUS COVER THAT RESIDES IN THE CRITICAL RIGHT NOW IN THE NORTHERN SECTION.

UH, THIS AREA IS USED FOR, UH, GREENHOUSES EQUIPMENT STORAGE, UH, PARKING, UH, MULCH PILES.

IT IS VERY FAR, UH, FROM WEST, UH, A, A TRUE CRITICAL WATER QUALITY ZONE SHOULD ENCOMPASS.

AND SO WE FEEL THAT, UH, BASED ON THE ENVIRONMENTAL STUDY ASSESSMENT THAT WE HAD DONE ON THIS PARTICULAR SECTION, UH, WHICH RE RECEIVED A POOR TO FAIR SCORE, UM, IT'S WE FEEL THAT WE'RE REALLY ACTUALLY IMPROVING THIS CURRENT SITUATION BECAUSE WHAT WE WOULD BE DOING WITH THIS PROPOSAL IS REMOVING EVERYTHING THAT IS NONCONFORMING TO A CRITICAL WATER QUALITY ZONE, AND ACTUALLY IMPROVING IT WITH A, ALMOST AN ENGINEERED FILTER STRIP TYPE STRUCTURE, WHICH IS A PERVIOUS, UH, GRASS PAVING, UH, THAT WILL ALLOW FOR US TO HAVE FIRE LANE, UH, TURNAROUNDS.

IT ALLOWS FOR US TO SAVE SEVEN RESIDENTIAL UNITS THAT, UH, FROM THE NEIGHBORHOOD STANDPOINT IS CRITICAL BECAUSE THE AFFORDABILITY UNITS THAT WE ARE PROVIDING THE NEIGHBORHOOD IS BASED ON THE AMOUNT OF UNITS THAT WE CAN PROVIDE, BECAUSE WE'RE NOT LOOKING TO, UH, CREATE THESE, THESE OKAY, HUGE MASS THINGS OF WHAT LIFTS TO BE LIKE A MULTIFAMILY COMPLEX.

WE ARE REALLY TRYING TO CREATE A PEDESTRIAN ORIENTED SITE THAT IS, UH, UH, PURPOSELY CONSTRUCTED AROUND TREES AND, AND PERVIOUS WALKWAYS, AND ALSO IMPLEMENTING, UH, OFF AN ACRE OF FARM LAND THAT WE HAVE WORKED VERY HARD TO ACHIEVE HERE.

SO HAPPY TO TAKE ANY QUESTIONS THAT YOU GUYS HAVE FOR ME, QUESTIONS FOR THE APPLICANT.

CAN YOU HEAR ME? YES.

COMMISSIONER MACIO YEAH.

I JUST WONDERED IF ANY OF THIS PROJECT IS FALLS IN THE NEW FLOOD PLAIN .

YES.

SO, SO THE FLOOD PLAIN WAS INCREASED BASED ON, ON SOME OF THE, UH, THE NEW, UH, STEADY OF REQUIREMENTS THAT ACTUALLY INCREASED UP THE FLOODPLAIN REQUIREMENTS FOR THE SITE, BUT IT IS NOT THAT THE STRUCTURES ARE NOT WITHIN, UH, OKAY.

THE A HUNDRED YEAR .

OKAY.

THANK YOU.

I WROTE, WELL, I'M OUT OF TIME.

I WAS GOING TO COOK, YOU MENTIONED THE OVERHANG, UM, BUT WE CAN, THIS IS WENDY GORDON.

I HAD A QUESTION IN FACT ABOUT THE OVERHANG.

SO GO AHEAD.

SURE.

SO THE OVERHANG, UH, IS LIMITED TO YOU.

CAN I HOPE YOU GUYS GOT A COPY OF THE PRESENTATION THAT I SENT TO OUR, UH, ENVIRONMENTAL REVIEWER, UH, AT ITS WORST CASE, IT'S A FOUR AND A HALF FOOT OVERHANG OVER WHAT IS GOING TO BE URBAN FARMLAND, UH, THAT IS CURRENTLY OPEN FARM LANDS.

UH, I NEVER HAVE BEEN QUESTIONS ABOUT SUNLIGHT AND RAIN, ET CETERA.

UH, AND I JUST WANT THE COMMISSION TO KNOW THAT, UH, NUMBER ONE, IRRIGATION IS CERTAINLY AVAILABLE TO THIS PARTICULAR SITE.

UH, BUT WE WE'VE RAN A CELTA STUDIES, UH, ON THIS PARTICULAR AREA AND THE SUNLIGHT IS PLENTIFUL.

UM, AND THAT IS BASED ON OUR DISCUSSIONS WITH THE FARM ARE THE FARM OPERATOR.

UH, THIS IS NOT SOMETHING THAT WE WOULD PROPOSE WITHOUT THOSE GUYS LETTING US KNOW THAT THIS WAS A FEASIBLE, UH, UH, PLAN.

AND SO SUNLIGHT AND, AND RAINWATER.

UH, THERE WERE NOT AN ISSUE BASED ON THE STUDIES THAT WE, UH, THAT WE CONDUCTED.

OTHER QUESTIONS.

I HAVE A QUESTION ABOUT YOUR HAMMERHEAD AND WHAT, WHAT IS A HAMMERHEAD I'M NOT FAMILIAR WITH THAT? SURE IT'S A, IT'S A TURNING MECHANISM.

UH, SO WHEN THE FIRE DEPARTMENT NEEDS TO POTENTIALLY ACCESS A FIRE, IT ALLOWS THEM THE ABILITY, UH, THEY DO NOT LIKE TO DRIVE A LONG DISTANCE AND HAVE TO BACK UP

[00:20:01]

A LONG DISTANCE.

AND SO IT IS MERELY A TURNAROUND, UH, FOR THE FIRE DEPARTMENT TO EXIT THE SITE IN A FORWARD DIRECTION.

AND THEY HAVE A SPECIFIC, UH, MEASURED, UH, THEY HAVE TO HAVE REQUIRED.

THAT'S CORRECT.

THEY HAVE CERTAIN LADY EYE AND CERTAIN MEASUREMENTS THAT THEY NEED, AND THIS RADIO BEATS THERE MEETS THEIR CODE REQUIREMENTS.

AND AGAIN, WE FELT THAT IN A COMPATIBILITY SETBACK WHERE YOU OBVIOUSLY CAN'T BUILD ANYTHING, UH, AND TRYING TO, UH, YOU KNOW, HONOR OUR NEIGHBORS ON EITHER SIDE WHERE COMPATIBILITY EXISTS, WE'VE ACTUALLY MOVED OUR RESIDENTIAL UNITS, UH, UH, AN ADDITIONAL FIVE TO EIGHT FEET OFF OF THAT COMPATIBILITY, JUST TO KIND OF HONOR THAT, UH, THAT REQUIREMENT A LITTLE BIT MORE.

UH, AND SO WHAT WE'RE DOING IS PUTTING BACK GRASS, UH, IN AN AREA THAT IS, UH, CLEARLY NOT BEING, UH, UTILIZED AS A TRUE CRITICAL WATER QUALITY ZONE.

AND IT'D BE ALL REQUESTED.

UH, IF WE CAN FIND THE COMMISSION THAT, THAT THIS IS A REASONABLE ASK, UH, THAT OUR CITY STAFF GIVES US SPECIFIC RECOMMENDATIONS TO DO SOME ADDITIONAL, UH, SEEDING OR PLANTING WITHIN THE ACTUAL CHANNEL, BECAUSE BASED ON THE ENVIRONMENTAL ASSESSMENT THAT WE RECEIVED, IT IS LACKING DRASTICALLY IN A LOT OF THOSE MEASURES.

AND SO IN THIS CASE, WE'RE REMOVING IMPERVIOUS COVER AND REMOVING STORAGE AND OLDER DRIPPINGS AND THINGS LIKE THAT, PUTTING IN DRAFTS, AND THEN LET'S FIGURE OUT A WAY TO IMPROVE THE REST OF THE CRITICAL WATER QUALITY ZONE WITH MEASURES THAT, THAT ARE ACTUALLY GOING TO BE A BENEFIT.

UM, THAT THAT WOULD BE OUR, OUR ASK.

OKAY.

THANK YOU.

ALL RIGHT, COMMISSIONER, HAS ANYONE ELSE HAVE A QUESTION FOR THE APPLICANT? WE ARE ON SIX, A SPRINGDALE FARMS I DON'T SEE ANYTHING.

SO I DO HAVE ONE THING, AND THAT IS OUR STAFF DOES NOT RECOMMEND THIS VARIANCE.

AND I WAS WONDERING HOW, UH, WHY HE DOES , WHAT IS THE REASON FOR THAT STAFF WILL BE PRESENTING IN A MINUTE? OKAY.

SO WE'RE JUST GETTING QUESTIONS TO THE APPLICANT.

DO YOU HAVE A QUESTION FOR THE APPLICANT AT THIS TIME? STAFF WILL BE OKAY.

I GUESS, UH, WHAT DOES HE THINK ABOUT SIR? OKAY.

THE FACT THAT THE STAFF DOES NOT RECOMMEND THE VARIANCE.

GOTCHA.

WELL, I THINK THAT IS MY, MY THOUGHTS ARE THAT, YOU KNOW, STAFF IS, IS ESSENTIALLY SAYING THAT, YEAH, MAYBE YOU HAVE ROOM SOMEWHERE ELSE ON THESE TRACKS TOO, TO BRING IN A FIRE TRUCK.

BUT WHAT WE'RE TRYING TO DO IS NOT CREATE THESE LARGE SWATHS OF IMPERVIOUS COVER, UH, ESPECIALLY ON THE WEST SIDE OF THE PROPERTY WHERE WE ARE DRASTICALLY LIMITED BY THE GROVE OF TREES THAT WE, THAT ARE CRITICAL TO THE PROJECT AND THE DESIGN THAT WE LAID OUT FOR, FOR THE NEIGHBORHOOD, BECAUSE THAT IS, THAT IS WHERE THAT THE NEIGHBORS COME TO, UH, BUY FARM BY FARM, BY VEGETABLES AND THINGS LIKE THAT ON THE WEDNESDAYS AND SATURDAYS.

AND SO THAT WAS A KEY COMPONENT TO MAINTAIN.

UM, WHEN WE THINK ABOUT, YOU KNOW, WHAT IS ON THE SITE TODAY, AGAIN, THE PICTURES TELL THE STORY.

UH, I, I CAN'T SAY THAT I WOULD AGREE WITH STAFF'S RECOMMENDATION BECAUSE I THINK FROM THEIR POINT OF VIEW, YOU KNOW, YES, WE ARE ASKING TO, UH, TO ENCROACH INTO THE CRITICAL, BUT IT'S ARCADIAN, BUT IT'S AN IMPROVEMENT.

UH, WE ARE NOT ASKING TO PUT ANY IMPERVIOUS, ANY RETAINING WALLS, ANYTHING OF THE SORT WE'RE SIMPLY REMOVING THE TRASH AND PUTTING BACK SOMETHING THAT MAKES IT A LITTLE BIT MORE SENSE AND CREATES A MORE FUNCTIONAL SITE PLAN, UH, WITHOUT ADDING UNDUE, UH, FIRE LANES, UH, TO THE, TO THE PROJECT.

COMMISSIONER KWAN.

DO YOU HAVE SOMETHING OKAY.

THANKS.

OKAY.

UM, ANYONE ELSE BEFORE WE CLOSE DOWN FOR THE APPLICANT, CAN YOU SEE ME TOM THOMPSON? OH, OKAY.

COMMISSIONER THOMPSON PROCEED.

YES.

UM, COULD YOU TELL ME IF YOU WORK WITH THE NEIGHBORHOOD ASSOCIATIONS AND IF THEY APPROVE OF YOUR DEVELOPMENT? YES.

WE, WE HAVE WORKED WITH THE NEIGHBORHOOD FOR OVER A YEAR, UH, ON THIS SPECIFIC PROJECT.

WE, UH, I DIDN'T GET TO REALLY TALK ABOUT IT, BUT BEFORE WE EVEN PURCHASED THE PROPERTY, WE HELD THREE COMMUNITY MEETINGS WITH ALL OF THE ADJACENT NEIGHBORS.

UM, WE HAD, UH, UH, UH, A FEW OTHER, UH, CASES TO, TO WORK THROUGH ON THIS PARTICULAR SITE.

AND THE MTCT,

[00:25:01]

UH, IS IN FAVOR OF WHAT WE'RE ASKING, EVEN THOUGH, SINCE THIS IS NOT TECHNICALLY A, A ZONING OR, UH, A DIFFERENT TYPE OF ENTITLEMENT, THEY ELECTED NOT TO, UH, WRITE A LETTER ON THIS, BUT DANIEL YANNAS AND I, UH, AND THE ENTIRE CONTACT TEAM OF MENTAL ILLNESS.

AND WE'RE ALL IN AGREEMENT THAT WHAT WE'RE ASKING IS, UH, SOMETHING THAT THEY, THAT THEY ARE EMPLOYED US.

UH, WE'VE ALSO, UH, ISSUED LETTERS TO EVERY, EVERY NEIGHBOR, UH, WITHIN 500 FEET, UH, FOR ABOUT THE PAST, AGAIN, 12 MONTHS, UH, GIVING THEM DETAILS FOR THE SITE PLAN, UH, COMPATIBILITY, SETBACKS, AND, AND EVERYTHING OF THE SORT.

SO, UH, YES, EVERYONE IS VERY MUCH IN TUNE WITH WHAT WE ARE PROPOSING.

SO HISTORICALLY THERE'S BEEN PROBLEMS THAT'S ABOUT BEEN RESOLVED, CORRECT? YES, WE ARE ALL, WE ARE PROPOSING A FULLY UNDERGROUND PARKING LOT.

OKAY.

WE HAVE MORE THAN ENOUGH SPACES.

YES MA'AM.

THANK YOU.

MADAM CHAIR.

YOU'RE MUTED.

UH, COMMISSIONER THOMPSON.

I DID SPEAK TO THE NEIGHBORHOOD, UM, ASSOCIATION TODAY AND THEY CONCURRED THAT, THAT THEY DID HAVE SIGNIFICANT OUTREACH AND, AND, UM, APPROVE OF THIS, THE SITE PLAN AS IT IS.

ANYONE ELSE? COMMISSIONER RANDBERG NO, NO QUESTIONS.

THANK YOU.

ALRIGHT, SO LET US NOW GO TO OUR AGENDA ITEMS. SHOULD WE CLOSE THE PUBLIC HEARING AT THIS POINT, OR DO I WANT TO KEEP IT OPEN EVERYONE HAS, HAS REGISTERED ANTICIPATE HAS SPOKEN.

I WOULD SAY THAT'S A QUESTION FOR STAFF IF IT'S APPROPRIATE TO CLOSE IT.

NOW, BEFORE WE HAVE ANY DISCUSSION OR HEAR FROM STAFF, I GUESS CHRIS HARRINGTON, ENVIRONMENTAL OFFICER, YOU MAY GO AHEAD AND TAKE EACH ITEM UP, AND HERE ARE THE BRIEF PRESENTATION FROM STAFF AND THEN CLOSE THE PUBLIC HEARING.

THAT'S PROBABLY THE MOST APPROPRIATE PATH.

ALRIGHT.

SO LET'S NOW GO TO SIX C UM, WEDGED DOWN WA WASTEWATER SERVICE EXTENSION REQUEST NUMBER FOUR, SIX, TWO, TWO LOCATION.

IS, ARE WE NOT GOING TO HEAR FROM STAFF ON THE ONE? WE WERE JUST ON THE ONE WE WERE JUST TALKING ABOUT? YEAH, WE'RE GOING BACKWARDS.

I CHANGED UP THE AGENDA.

HEARING FROM ALL APPLICANTS FIRST, AND THEN WE'RE GOING BACK AND HEARING FROM STAFF BECAUSE APPLICANTS AND, UM, GENERAL COMMUNITY CITIZEN COMMUNICATION HAS TO HAPPEN IN THE BEGINNING OF THE MEETING, RIGHT? THE SCHEDULE .

OKAY.

UH, LET'S SEE.

LOCATION, 90, 21 WEST US TWO 90 HIGHWAY, AUSTIN, TEXAS OF MY SEVEN THREE SIX.

WE HAVE STAFF HERE TO PRESENT.

UM, MS. CHAPLIN ITEMS, SIX C .

SHE WAS ON THE PHONE EARLIER, CORRECT? THERE SHE IS.

GOOD AFTERNOON.

MADAM CHAIR AND COMMISSIONERS.

THIS IS KAYLA CHAPLIN WITH WATERSHED PROTECTION.

UH, JUST TO CLARIFY, I WON'T BE MAKING A FORMAL PRESENTATION TODAY.

UM, I PROVIDED THE PRESENTATION IN YOUR BACKUP, ALONG WITH THIS MEMO FROM STAFF.

UM, I, I CAN BRIEFLY LAY THIS ITEM OUT FOR YOU OR I'M AVAILABLE FOR QUESTIONS AT THIS TIME.

ALRIGHT.

ARE THERE ANY QUESTIONS ON THIS ITEM? IS THAT SOMEBODY ? NO ONE HAS A QUESTION.

YES, SIR.

OKAY.

SO, UM, WE ARE ON, UM, ITEM 60 AND I WILL NEED A MOTION ON ITEM SIX.

WELL, THEY MIGHT HAVE A MOTION.

DO A MANTRA.

DO WE NEED TO CLOSE THE PUBLIC HEARING ON 60 BEFORE? I THINK THAT'S A GREAT IDEA.

LET'S CLOSE THE PUBLIC HEARING.

YOU WANT TO DO IT? SURE.

I MOVED.

WE CLOSED THE PUBLIC HEARING ON 60.

WE HAVE A SECOND.

I'LL SECOND IT COMMISSIONER THOMPSON SECONDS.

IT ALL IN FAVOR.

SAY AYE.

UH,

[00:30:04]

I HAVE A, UH, A MOTION AS WELL.

MADAM CHAIRMAN.

ALRIGHT, PROCEED.

UM, UH, ALL OF THE AGENDA ITEM 16 MUDSTONE WASTEWATER SERVICE EXTENSION REQUESTS, 46 22.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT WISHES TO CONDUCT A PUBLIC HEARING AND SEEK APPROVAL OF A RESTRICTIVE COVENANT AMENDMENT ON THE PROPERTY.

LOCALLY KNOWN AS EIGHT, SEVEN 32 86, 24 AND 87 22 WEST STATE HIGHWAY 71.

AND WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT STAFF REVIEW THAT HAS DETERMINED THAT THERE ARE NO SIGNIFICANT ENVIRONMENTAL RISKS TO THE EXTENT, TO THE EXTENT TO EXTEND SERVICE TO THE SITE AND THEREFORE RECOMMENDS APPROVAL OF SERVICE EXTENSION REQUESTS, 46, 22.

THEY ARE FROM ONE OF THE ENVIRONMENTAL COMMISSION RECOMMENDS APPROVAL OF SERVICE EXTENSION REQUESTS FOR SIX, TWO, TWO WITH NO STAFF CONDITIONS OR ENVIRONMENTAL COMMISSION CONDITIONS.

ANY FURTHER DISCUSSION.

ALL RIGHT.

LET'S CALL THE ROLL COMMISSIONER SMITH.

I THINK WE NEED A SECOND.

MADAME CHAIR.

WELL, YEAH, I'LL GET A SECOND.

THANK YOU.

HOW WAS THIS COMMISSIONER GORDON? THANK YOU, COMMISSIONER GORDON.

SECOND IT RIGHT.

MADAM CHAIR.

THIS IS KAYLA CHAMPLIN.

I JUST HAVE A QUICK CLARIFICATION.

COULD COMMISSIONER RAMPER PLEASE STATE THE DRESS AGAIN.

YES, I CAN.

I THINK, UM, PROPERLY LOCALLY KNOWN AS EIGHT, SEVEN 32 EIGHT SIX TWO FOUR AND EIGHT SEVEN TWO TWO WEST STATE HIGHWAY 71.

IS THAT CORRECT? UH, NO, IT IS 90, 21 WEST US HIGHWAY TWO 90.

AH, I GOT YOU.

THANK YOU.

GOOD CATCH.

THANK YOU.

OKAY.

LET'S SEE.

WE HAVE A MOTION FROM COMMISSIONER.

RAMBERT HAS BEEN SECONDED BY COMMISSIONER GORDON, RYAN.

I DON'T HEAR ANY ONE WANTING FURTHER DISCUSSION.

OKAY, SO NOW WE'LL CALL THE ROLL.

THANK YOU SO MUCH.

READY? MR. C SMITH? YES.

YES.

COMMISSIONER THOMPSON.

OKAY.

YES, COMMISSIONER NEELEY.

OKAY.

YES, BUT I'M ONLY GETTING BACK UP.

OKAY.

ON MY COMPUTER FOR WHAT THESE ARE.

AND WHEN YOU TELL ME THE NUMBERS, I DON'T HAVE ANY WAY KNOW WHAT YOU'RE TALKING ABOUT.

SO IF YOU WENT, WHEN YOU SAY SIX, EIGHT, COULD YOU ALSO SAY SPRINGDALE FARMS OR SOMETHING LIKE THAT? BECAUSE I CAN'T FIND WHERE THE NUMBERS ARE.

OH, I HAVE C I DON'T HAVE THE THING WITH THE SIX SEAT ANYWAY.

HAVE YOUR AGENDA.

WELL, I'VE GOT THE AGENDA, BUT IT'S ALL THE BACKUP.

YEAH.

OKAY.

WELL FINISH THIS VOTE PLEASE.

YES.

YES.

OKAY.

MR. COYNE? YES.

COMMISSIONER MACIO YES.

MICHELLE RANDBERG YES.

COMMISSIONER GUERRERO.

YES.

COMMISSIONER GORDON.

COMMISSIONER GORDON.

SHE MADE THE SECOND WE LOSE HER.

UH, I'M NOT GOING TO COUNT HER BECAUSE I THINK WE LOST HER KEYS ON SHE'S JUST MUTED.

OKAY.

WELL COMMIT COMMISSIONER BEDFORD.

YES.

OKAY.

SO THAT'S NINE.

WE'RE GOING TO COUNT HER VOTE TWO.

IS THAT ALL RIGHT, KAYLA UNFORTUNATELY, I THINK WE NEED TO HEAR FROM COMMISSIONER GORDON IN ORDER TO MAKE THAT EIGHT PASSES EIGHT.

OH, ALRIGHT.

ALRIGHT.

SO IF YOU'LL GO TO YOUR AGENDA, WE'VE JUST FINISHED SIX C AND WE'RE NOW GOING TO GO TO SIX B.

WE ARE AT 14 DASH 85 DASH TWO EIGHT, EIGHT DOT 67 RCA IN PARENTHESES, HIGHWAY 71 AT MOUNTAIN SHADOW.

THE APPLICANT IS T H T HOLDING LLC.

WE HAVE, OH, WE HAVE STAFF.

THAT'S GOING TO PRESENT THIS ITEM.

AND SO THE BACKUP HAS, IS IN YOUR PDF.

[00:35:01]

YOU JUST HAVE TO CLICK IT ON THE BACKUP.

OKAY.

STAFF THAT'S NOT HIM.

CAN, CAN I SHOOT, THIS IS KATE CLARK WITH THE FINANCE DEPARTMENT, AS YOU MENTIONED, THIS IS ITEM 60 ON YOUR AGENDA CASE NUMBER 14 DASH 85 DASH TWO 8.56 RCA, WHICH IS A RESTRICTIVE COVENANT MOMENT.

THIS RCA COVERED TWO TRACKS.

IT'S APPROXIMATELY 5.596 ACRES, WHICH ARE LOCATED AT 87 32, 86, 20 AND 88, 87, 22 WEST STATE HIGHWAY.

UM, IN 1987, THESE CHECKS WERE ZONED TO G R AND L R.

AND THAT ZONING CASE INCLUDED A PUBLIC RESTRICTIVE COVENANT THAT SPECIFIES CERTAIN DEVELOPMENT STANDARD AND ESSENTIALLY FREEZING THOSE THAT DECIDE CODES AND REGULATIONS AND BRC TO 1987 REQUIREMENTS.

THE APPLICANT'S REQUESTING TO AMEND THE RC TO KEEP SOME OF THE STANDARDS IN EXCHANGE FOR RELINQUISHING SOME OF THE OUTDATED ONES, THE NON ENVIRONMENTAL AMENDMENT, UH, THAT THEY ARE PROPOSING TO INCREASE THE MAXIMUM SAR TO JUST WAS ALLOWED IN CURRENT CODES.

I'M ALLOWING THE NUMBER OF CURB CUTS TO A STAGE 71 TO BE DETERMINED BY SIX DOTS AND NOT THE RC.

AND THEN ALSO NOT REQUIRING THE EXTENSION OF MOUNTAIN SHADOWS DRIES TO BE FILED PRIOR TO ISSUING THE PERMITS.

I PROVIDED A SLIDE WITH SOME GENERAL INFORMATION AND MY BACKUP AND THE ENVIRONMENTAL OFFICERS HERE ARE GOING TO EXPLAIN THE ENVIRONMENTAL ASPECTS TO THE, AND THEY ALSO PROVIDED SOME SLIDES AND BACKED UP GOOD AFTERNOON, COMMISSIONERS CHRIS HARRINGTON, ENVIRONMENTAL OFFICERS.

SO JUST TO BRIEFLY REMIND YOU THAT THERE IS BACKUP IN YOUR, THAT WAS POSTED ON THE WEBSITE, THAT DOES INCLUDE A MEMO THAT LAYS OUT OUR RECOMMENDATION AND SUPPORT AS MR. LEVINSKY WITH SOS NOTED.

UM, THIS IS PROVIDING A CURRENT CODE WATER QUALITY TREATMENT, UM, WHICH IS A DRAMATIC IMPROVEMENT OVER WHAT WOULD UH, BE OTHERWISE REQUIRED, UM, BASED ON THE ENTITLEMENTS GRANTED BY THIS OLD RESTRICTIVE COVENANT.

SO ANYTIME WE SEE THESE PROJECTS, WE DO DIRECTLY ENGAGE TO PROVIDE GREATER OVERALL ENVIRONMENTAL BENEFITS.

UM, AND THEN ALSO TERMINATE THESE RCS WITH THE RESTRICTIVE COVENANTS, WITH THE COMPLETION OF THE PROJECT.

SO THIS IS SOMETHING THAT I AM VERY COMFORTABLE RECOMMENDING.

I KNOW THAT, UM, MR. LEVINSKY AND SOS HAVE SOME QUESTIONS ABOUT SOME OF THE, UH, ENTITLEMENTS, AND WE'RE CONTINUING TO HAVE THAT CONVERSATION, BUT, UH, THIS IS BEING RECOMMENDED BY THE DEVELOPMENT SERVICES DEPARTMENT, THE LAW DEPARTMENT BY MYSELF, AND ALSO BY OUR FRIENDS IN PLANNING AND ZONING.

SO WE ARE HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

I SEE NOW WHEN I HAVE, I HAVE A FEW, BUT DOES ANYONE ELSE HAVE QUESTIONS BEFORE I SPEAK PAM COMMISSIONER? OH, COMMISSIONER MACIO YES.

GO FORWARD.

NO, I DIDN'T HAVE A QUESTION.

OH, OKAY.

UM, SO, UM, MR. HARRINGTON, I JUST HAD A COUPLE OF QUESTIONS AND I'M ASSUMING THAT USUALLY WHEN WE HAVE A CUT AND FILL THAT WE HAVE SPECIFIED PLACES AND THE KIND OF WHERE IT'S DONE A B, AND WE'VE LABORED VERY LONG AND DECISIVELY OVER VERY SPECIFICATIONS ON THE CUT AND FILL AND THIS, UM, BRIEFING, IS IT BECAUSE THEY HAVE NOT YET, UM, GOTTEN SOME SORT OF A SITE PLAN THAT WE DON'T HAVE THOSE ASSURANCES THAT WE USUALLY DO.

OKAY.

MADAM, MADAM, HERE YOU ARE.

CORRECT.

SO THERE IS NOT A SITE PLAN AND REVIEW THAT WE WOULD SHOW YOU.

WE DO HAVE AN EXHIBIT.

UM, IT IS NOT INCLUDED IN YOUR BACKUP THAT DOES CONTAIN A SLOPE MAP.

SO WE ARE AWARE OF THE AREAS THAT THEY ARE PROPOSING TO DO THE CUT AND FILL.

IT IS ONLY A PORTION OF ONE OF THE TWO TRACKS.

IT IS LIMITED, UM, IN TERMS OF THE AREA AND AMOUNT OF CUT AND FILL.

UM, BUT IT IS NOT TIED TO A SPECIFIC, UM, EXHIBIT AND WHAT YOU WOULD NORMALLY SEE AS A VARIANCE, BECAUSE WE BELIEVE THAT THERE IS NO RESTRICTION ON CUT AND FILL UNDER THE, UM, APPLICABLE CODE OF 1981 FOR THIS PROJECT THAT, UH, THIS IS CERTAINLY NOT SOMETHING THAT WE, UH, W R R IS SOMETHING WE WOULD NORMALLY RECOMMEND, BUT WE BELIEVE THAT THIS IS A GREATER OVERALL ENVIRONMENTAL PROTECTION BY APPLYING A LIMIT WHEN ONE WOULDN'T EXIST UNDER OLD CODE.

AND, AND DO WE ALSO HAVE ASSURANCES THAT THERE WILL BE A BALANCED OUT WHICH THE CUT AND FILLED AS Y'ALL WORK DOWN THE LINE ON THE SPECIFICS OF THIS PROJECT? NO, MA'AM,

[00:40:01]

THAT IS NOT A SPECIFIC CONDITION THAT WE HAVE NEGOTIATED WITH THE APPLICANT, BUT THAT COULD BE A CONDITION THAT THE ENVIRONMENTAL COMMISSION COULD CONSIDER.

UM, SO I THINK I WOULD, I WOULD FEEL MORE COMFORTABLE IF WE DID SOMETHING WITH THE CUT AND FILL REQUESTING SOME SORT OF A BALANCE AS THE PROJECT MOVES FORWARD.

AND THEY WORKED WITH STAFF SINCE WE DON'T HAVE ANYTHING ELSE.

YES.

MA'AM, I'M TRYING TO THINK OPTIONS KIND OF, AS MR. LEVINSKY ALLUDED TO, COULD BE, UM, A REDUCTION OR NOT A RECOMMENDATION TO ALLOW THE CUT AND FILL BY THE ENVIRONMENTAL COMMISSION, UM, OR SOMETHING THAT WOULD BE, I THINK, WHAT YOU'RE SUGGESTING, WHICH IS A BALANCING OR A LIMITATION ON CUT AND FILL OTHERWISE, OR JUST THIS, UH, STAFF RECOMMENDATION.

SO I THINK YOU WOULD HAVE ANY OF THOSE THREE OPTIONS OR ANYTHING ELSE AT THE PLEASURE OF THE COMMISSION AND KATE, DO YOU THINK THAT THAT'S SOMETHING THAT SHOULD BE LOOKED AT? IS SHE STILL AROUND? I AM I'M HERE.

UM, I THINK IT WOULD BE UP TO THE ENVIRONMENTAL COMMISSION FOR THAT.

WE, AS IN PLANNING AND SENDING, DON'T USUALLY GET INTO THE SITE SPECIFICS OF HOW A SITE PLAN IS DESIGNED OR HOW IT'S DONE.

AND, UM, WE'RE LOOKING MOSTLY AT, UM, BRINGING THE RC IS UP TO CODE AS MUCH AS POSSIBLE.

AND THIS, THERE IS A RELATED SELLING CASE FOR THIS PROPERTY AND WILL BE LOOKING AT THE LAND USES FOR THEM.

BUT, UM, AS STAFF, WE DON'T TYPICALLY LOOK AT THE SPECIFICS TO ESTATE PLAN.

ALL RIGHT.

SO CHRIS, CAN I GO BACK WITH YOU? AND IF THERE'S SOMETHING THAT'S BROAD ABOUT, I'M NOT SAYING REQUIRING, BUT CONSIDER BALANCING, UM, THE, THE CUT THE EIGHT FEET OF, UM, OF, UM, THE CUT AND FILL ON SITE AS, AS THIS PROGRESSED, CAN WE DO SOMETHING BROAD THAT WOULD BE HELPFUL.

YES.

MA'AM, IT'S CERTAINLY BE WITHIN YOUR PURVIEW TO RECOMMEND THAT AS A CONDITION OF THE ENVIRONMENTAL CONDITION, THAT EITHER THE CUT AND FILL IS REDUCED OR LIMITED, OR THAT THE APPLICANT SEEKS TO BALANCE THE AMOUNT OF CUT AND FILL.

SO THERE'S NOT, I WOULD FEEL COMFORTABLE WITH BALANCE.

I DON'T, I DON'T WANT TO USE THOSE WORDS, LIKE, UM, REDUCTION AT THIS TIME.

WHAT HAVE ANY SUPPORT FOR SOMETHING LIKE THAT? YEAH, I WOULD SUPPORT THAT.

YEAH, SAME HERE.

OKAY.

ALRIGHT, MR. LAMB, MICHELLE RAMBERT, IS THAT SOMETHING WE COULD ADD? POSSIBLY UH, YES.

MADAM CHAIR.

UM, I IMAGINE SOMETHING RIGHT NOW, THE APPLICANT SEEKS TO BALANCE CUT AND FILL ONSITE IN COORDINATION WITH, UH, CITY OF AUSTIN, ENVIRONMENTAL STAFF, SOMETHING LIKE THAT.

PERFECT.

THANK YOU.

ALL RIGHT.

IS THERE ANY OTHER FURTHER DISCUSSION ON, UM, THIS ITEM? ALL RIGHT.

HOW ABOUT CLOSING THE PUBLIC HEARING THEN AT THIS TIME, DO I HAVE A MOTION? I MOVED TO CLOSE THE PUBLIC HEARING.

DOES THAT GET INTO MR. COYNE SECONDS? CLOSING OF THE PUBLIC HEARING ON SIX B ALL IN FAVOR, SAY AYE.

OKAY.

AYE.

AYE.

LOOKS LIKE THAT'S NINE AGAIN.

MADAM CHAIR.

I ALSO HAVE A MOTION IT'S THE PUBLIC HEARING IS CLOSED.

ALRIGHT, LET'S PROCEED WITH THAT.

I HOPE TO HAVE THE ADDRESS CORRECT ON THIS ONE AS WELL.

UM, ON ITEM SIX, B C 14 DASH EIGHT FIVE DASH TWO EIGHT EIGHT DOT FIVE SIX, RCA HIGHWAY 71 IN MOUNTAIN SHADOWS.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZED THE APPLICANT WISHES TO CONDUCT A PUBLIC HEARING AND SEEKS APPROVAL OF THE RESTRICTIVE COVENANT AMENDMENT ON THE PROPERTY.

LOCALLY KNOWN AS EIGHT, SEVEN 32 EIGHT SIX 24 AND EIGHT SEVEN 22 WEST STATE HIGHWAY 71.

AND WHEREAS THE OBAMA COMMISSION RECOGNIZES THAT STAFF RECOMMENDS GRANTING AND AMENDMENTS TO THE RESTRICTIVE COVENANT.

THEREFORE, THE ENVIRONMENTAL COMMISSION RECOMMENDS GRANTING AN AMENDMENT TO THE RESTRICTIVE COVENANT ON THE PROPERTY, NOTED ABOVE WITH THE FOLLOWING ENVIRONMENTAL COMMISSION CONDITION THAT THE APPLICANT SEEKS TO BALANCE THE CUT AND FILL ONSITE IN COORDINATION WITH THE CITY OF AUSTIN ENVIRONMENTALIST.

DO I HAVE A SECOND? YES.

LIKE POINTS CALL COMMISSIONER SMITH.

YES.

MR. THOMPSON.

YES.

COMMISSIONER

[00:45:01]

NEELEY.

YES.

COMMISSIONER COIN.

YES.

COMMISSIONER MACIO.

YES.

MR. ROSENBERG.

YES.

MR. GUERRERO, COMMISSIONER GORDON MISSION.

A BEDFORD IS THAT IS NINE.

OH, EXCELLENT.

ALRIGHT.

LOOKING AT YOUR AGENDA ITEM.

WE'RE NOW GOING UP TO A SIX A I, WE HAVE SPRINGDALE FORMS. S P DASH 2019 DASH ZERO TWO FIVE THREE C.

THE APPLICANT, HIS STORY BELT LOCATION IS SEVEN TWO TWO SPRINGDALE ROAD, AUSTIN, TEXAS 78, SEVEN OH TWO DISTRICT THREE.

STAFF IS HERE TO PRESENT FROM, UM, DEVELOPMENT SERVICES.

IS THAT IT? HI.

HI.

CAN YOU HEAR ME? YES, PLEASE.

YES.

HI, GOOD AFTERNOON.

MADAM CHAIR AND COMMISSIONER.

THIS IS CHRISTIE WINN ENVIRONMENTAL REVIEW SPECIALIST SENIOR WITH DEVELOPMENT SERVICES.

DEPARTMENT STAFF HAS DETERMINED THAT THE FINDINGS OF FACTS WERE SPRINGDALE FARMS TO VARY FROM LAND DEVELOPMENT CODE 25, EIGHT TO 61 HAVE NOT BEEN MET.

THE BUILDING OVERHANGS AND FIRE LANE TURNAROUNDS WOULD NOT PROVIDE GREATER OVERALL ENVIRONMENTAL PROTECTION.

SO BUILDING OVERHANGS AND THE HAMMER HEADS WILL NOT FUNCTION ECOLOGICALLY LIKE THE CRITICAL WATERFALL REZONED.

IT WILL REQUIRE A MOWING AND THERE'LL BE NO WOODY CC PLANTING.

ALSO THE DESIGN DECISION AND LARGE SCALE OF THE PROJECT TO MAXIMIZE DEVELOPMENT TAKES ADVANTAGE OF THE CRITICAL WATERFALL ZONE TO SATISFY ANOTHER CODE REQUIREMENT.

WHEN THE SITE CONTAINS UPLANDS, APPROXIMATELY 3.2 ACRES OUT OF 0.8, FIVE ACRES OR TWO THIRDS OF THE SITES THAT ARE DEVELOPMENT WITHOUT THE NEED FOR A VARIANCE FROM THE LAND DEVELOPMENT CODE.

THANK YOU, COMMISSIONER.

.

THANK YOU.

DO WE HAVE ENVIRONMENTAL STAFF? CHRIS HARRINGTON ENVIRONMENT OFFICER.

YES.

MA'AM WE'RE HERE.

AND CHRISTIE OBVIOUSLY IS THE REVERE FOR THE PROJECT IS HERE AS WELL.

SO WE'RE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

MY QUESTION IS, DOES ANYONE SEE ANYONE? COMMISSIONER NEELY? DO YOU HAVE A QUESTION? I'M GOING TO SHOW YOU.

I BELIEVE YOU'RE MUTED STILL.

YOU DID.

SORRY.

OKAY, HERE WE GO.

YES.

LISTENING TO THE STAFF ON WHY THEY'RE NOT SUPPORTING IT, WHICH I'VE JUST MENTIONED.

THANK YOU.

ANY OTHER QUESTIONS FOR STAFF? DOES ANYONE HAVE ANY COMMENTS? THIS IS PEGGY.

YEAH.

COMMISSIONER MACIO.

IT JUST SEEMS LIKE TO ME THAT THEY COULD MAKE IT, THEY HAVE SOME ROOM HERE TO CHANGE SOME DESIGNS UP.

AND THIS, THIS, THIS THEY WOULDN'T HAVE TO ASK FOR THIS VARIANCE IS THE WAY I'M LOOKING AT THIS.

SO IT SEEMS LIKE IT'S PRETTY, THE SOLUTION IS PRETTY SIMPLE.

THAT WAS JUST MY COMMENT.

THANK YOU.

SO AS COMMISSIONER GORDON, SO I THINK IT'S ONE OF THESE CLASSIC SITUATIONS WHERE THE INFORMATION FROM THE, FROM BOTH SIDES HERE, YOU KNOW, I'LL ARGUE IS MAYBE CONTRADICTORY IS NOT QUITE THE RIGHT WORD, BUT YOU KNOW, IT IS A LITTLE BIT OF LIKE A, HE SAID, SHE SAID SITUATION.

I MEAN THE ONE HAND STRICTLY SPEAKING, RELATIVE CODE, YOU SAY, OKAY ON, UM, YOU KNOW, WE'RE NOT MEETING FINDINGS OF FACT, THEN THE APPLICANTS, YOU KNOW, ARGUING THAT THEY'RE MAKING CERTAIN KINDS OF IMPROVEMENTS.

THERE, THERE AREN'T, UM, NECESSARILY THE SORT OF DETRIMENTAL ASPECTS TO THIS, THIS CITY SUGGESTS IN THEIR REVIEW THAT THERE IS SO, OKAY.

AND OF COURSE, WE'RE ALSO A LITTLE BIT HAMPERED HERE BY THE FACT WE'RE DOING THIS VIA VIDEO AND WE CAN'T HAVE FULL PRESENTATIONS AND WE CAN'T ACTUALLY HAVE WITH THE CITY AND THE APPLICANT UP IN FRONT OF US AND VOLLEY BACK AND FORTH WITH QUESTIONS.

SO, I MEAN, I PERSONALLY FEEL LIKE MY HANDS ARE REALLY TIED HERE TRYING TO PROCESS

[00:50:01]

THIS INFORMATION AND KIND OF GET AT THE TRUTH.

OKAY.

COMMISSIONER, GORDON, CHRIS HARRINGTON, INVESTMENT OFFICER.

I DO.

I DO APPRECIATE THAT.

AND I CERTAINLY DO APPRECIATE THE CHALLENGE OF, UM, CONDUCTING KIND OF DIFFICULT HEARINGS LIKE THIS, UM, THROUGH THE VIRTUAL SETTING, I WOULD JUST SAY THAT, YOU KNOW, CLEARLY TWO THIRDS OF THE TOTAL AREA OF THE SITE ARE UPLANDS AND DEVELOPABLE WITHOUT THE NECESSITY FOR THIS VARIANCE.

SO THIS IS CLEARLY A DESIGN DECISION BEING MADE BY THE APPLICANT TO LOCATE IMPERVIOUS COVER IN A CRITICAL WATER QUALITY ZONE.

SO IF THEY WISH TO TAKE ADVANTAGE OF THE EXISTING IMPERVIOUS COVER, THAT IS THERE, THEY COULD HAVE DONE THAT THROUGH TO RE DEVELOPMENT EXCEPTION, BUT THEY CHOSE NOT TO BECAUSE THEY ARE INCREASING THE OVERALL IMPERVIOUS COVER ON THE SITE.

SO TRUE.

THEY ARE REMOVING TRASH, BUT THEY COULD DO THAT ANYWAY, IF THEY, YOU KNOW, THEY COULD DEVELOP AND STILL BE RESTORING, UM, THE FLOODPLAIN TO A BETTER OVERALL CONDITION, BUT THAT'S NOT WHAT'S PROPOSED.

SO FROM, YOU KNOW, WE, WE DON'T TAKE A PRETTY LITERAL READING OF THE REQUIRED FINDINGS FOR RECOMMENDING A VARIANCE TO, TO YOU AND TO THE LAND USE COMMISSION FOR APPROVAL.

AND SINCE THIS IS CLEARLY A DESIGNED DECISION MADE BY THEM, WE DO NOT.

WE AS STAFF DO NOT CONCUR THAT THIS IS PROVIDING GREATER OVERALL ENVIRONMENTAL PROTECTION THAN WE ARE RECOMMENDING DENIAL THE VARIANTS.

BUT I DO APPRECIATE THE CHALLENGE THAT YOU FACE.

UM, CHRISTIE WENT HERE, ENVIRONMENTAL REVIEW SPECIALIST SENIOR WITH THE BOWMAN SERVICES DEPARTMENT.

I WOULD ALSO LIKE TO ADD THAT EVEN IF THE PROJECT DID NOT REQUEST A VARIANCE FROM 25 EIGHT TO 61, NO, I WILL HAVE REQUESTED THAT ANY EXISTING NONCOMPLIANT DEVELOPMENT WITHIN THE CRITICAL WATERFALL USE ZONE BE REMOVED WITHIN THE FLORIDA SITE PLAN.

AND THOSE AREAS WOULD THEN HAVE TO BE RESTORATIVE WITH CRITICAL WATERFALL WITH CRITICAL WATERFALL ZONE, PLANTING, APPROVES, PLANTINGS.

I GET WELL THAT'S FOR BOTH OF YOU.

THANK YOU.

I MEAN, HELPFUL ADDITIONAL INFORMATION TO TRY TO PROVIDE THE BIGGER PICTURE AND MORE CONTEXT HERE.

ANYONE ELSE HAVE QUESTIONS FOR STAFF? WE WANT TO CLOSE THE PUBLIC HEARING ON THIS.

I'M TARA, I'M A RECLOSE, THE PUBLIC HEARING.

I NEED A SECOND.

THANK YOU.

COMMISSIONER ROMBERG.

I'LL SECOND SOMEBODY ELSE.

OKAY.

OKAY.

ALL IN FAVOR.

SAY AYE.

AYE.

THANK YOU.

MOTION CARRIES KNIFE.

MADAM CHAIR.

I ALSO HAVE A MOTION AGENDA.

ITEM SIX, A SPRINGDALE FARM SP DASH 2019 DASH ZERO TWO FIVE THREE C .

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZED THE APPLICANT IS REQUESTING A VARIANCE FROM LDC 25 DASH EIGHT DASH THREE FOUR ONE TO DWELL OUT DEVELOPMENT IN THE CRITICAL WATER QUALITY ZONE.

AND WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES STAFF DO NOT RECOMMEND A VARIANCE.

HAVING DETERMINED THE FINDING OF FACT HAVE NOT BEEN MET.

THE ENVIRONMENTAL COMMISSION RECOMMENDS DENIAL OF THE REQUESTED VARIANCE FROM LDC 25 DASH EIGHT DASH THREE FOUR ONE ALLOW FOR DEVELOPMENT IN THE CRITICAL WATER QUALITY ZONE.

THIS IS MARIANNE SECOND COMMISSIONER NELLY.

ANY FURTHER DISCUSSION? ALL RIGHT.

WE'RE GOING TO TAKE ROLL CALL COMMISSIONER SMITH.

YES.

COMMISSIONER THOMPSON.

NO COMMISSIONER NEELEY.

YES.

COMMISSIONER COIN.

CAN WE TO CLARIFY THE INTENT OF THE, I JUST WANT TO MAKE SURE EVERYONE'S CLEAR.

ALRIGHT.

THE INTENT OF THE RECOMMENDATION.

UM, I THOUGHT HE WAS CLEAR.

HE WANT TO REREAD IT AGAIN TO US.

COMMISSIONER RAMBERT.

I WOULD BE HAPPY TO SAY THANK YOU.

I DON'T HAVE AN ADDRESS IN IT.

SO I FEEL SOMEWHAT COMFORTABLE.

UM, UH, ON AGENDA ITEM SIX, SPRINGDALE FARMS, S P DASH 2000 1902 FIVE THREE C.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT IS REQUESTING A BALANCE FROM LDC 25 DASH EIGHT DASH THREE 41 TO ALLOW DEVELOPMENT AND THE CRITICAL WATER QUALITY ZONE AND THE, WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT STAFF IS NOT RECOMMENDED VARIANCE.

HAVING DETERMINED THE FINDINGS OF FACT HAVE NOT BEEN MET.

THEREFORE THE ENVIRONMENTAL COMMISSION RECOMMENDS DENIAL OF THE REQUESTED VARIANCE FROM LDC 25 DASH EIGHT, THREE 41 TO ALLOW FOR DEVELOPMENT IN THE CRITICAL WATER QUALITY CENTER.

WELL, WE HAVE

[00:55:01]

A SECOND ON THAT PERMISSION NEELY TO DENY IT.

DO WE WANT TO JUST DO A RECALL OF THE ROLL CALL? SORRY.

JUST WANT TO MAKE SURE EVERYONE WAS CLEAR ON WHAT THAT WAS.

THAT'S FINE.

THANKS.

COMMISSIONER C SMITH.

YES.

COMMISSIONER THOMPSON.

YEAH.

COMMISSIONER NEELEY.

YES.

COMMISSIONER COIN.

YES.

COMMISSIONER MACIO YES.

COMMISSIONER LAMBERT.

YES.

COMMISSIONER GUERRERO.

YES.

COMMISSIONER GORDON.

COMMISSIONER BEDFORD.

YES.

ALRIGHT.

SO THAT MOTION CARRIES EIGHT ONE WITH ONE OPPOSING, MADAM CHAIR, CHRIS HARRINGTON ENVIRONMENTAL OFFICER.

JUST TO CLARIFY, I THINK THAT THERE, UH, THIS WAS A, A VARIANCE TO 25 DASH EIGHT DASH TWO SIX ONE, UH, WHICH IS WHAT THE CRITICAL WATER QUALITY ZONE REGULATIONS ARE.

WE MAY HAVE HEARD, UH, 25 DASH EIGHT DASH THREE 41.

BUT JUST TO CLARIFY, UM, AS LONG AS THERE'S NO OBJECTION, THIS WAS A VARIANCE TO 25 DASH EIGHT DASH TWO SIX ONE, WHICH WE CAN CORRECT IN THE FINAL WRITTEN MOTION.

RIGHT.

GOOD.

THANK YOU FOR THAT CLARIFICATION.

GREATLY APPRECIATED.

THANK YOU, CHRIS.

ALL RIGHT.

SO WE HAVE NOW GONE THROUGH ITEM SIX, A B AND C, AND WE HAVE NO COMMITTEE REPORTS.

AND AGAIN, WE ARE, I HAVE ONE MINUTE BEFORE OUR TIME IS UP.

THANK YOU ALL VERY MUCH.

UH, IF YOU

[Item 8]

HAVE SOMETHING YOU'D LIKE TO SUBMIT AS A FUTURE AGENDA ITEM, PLEASE EMAIL US.

AND UH, IF YOU HAVE CONCERNS, EMAIL US AND WE DEFINITELY APPRECIATE, UH, EVERYONE THAT WAS HERE TO MAKE THIS HAPPEN TODAY.

I'M GOING TO ADJOURN THE MEETING AT THREE 59.

IF THERE'S NO OBJECTION, TAKE CARE.

OH YEAH.

.

* This transcript was compiled from uncorrected Speech-to-Text.