Jul 15, 2020 Environmental Commission

17, 2020 ENVIRONMENTAL COMMITTEE MEETING MINUTES.

I STILL DON'T HAVE CHAMELEON.

SHE HERE, SHE'S NOT ON THE CALL.

[1. APPROVAL OF MINUTES AND ACTION a. Approval of the June 17, 2020 Environmental Commission Meeting Minutes (5 minutes)]

HAS EVERYONE HAD A CHANCE TO LOOK OVER ON SO THAT WE CAN GET A MOTION OR DO WE NEED TO HAVE ANYTHING ALTERED OR EDITED? THIS IS COMMISSIONER RAINBIRD ON MOVE TO APPROVE THE MINUTES IF THERE'S NO DISCUSSION.

ALRIGHT.

IF THERE'S NO DISCUSSION SECOND.

SMITH COMMISSIONER SMITH.

WE HAVE A SECOND FROM COMMISSIONER.

ALRIGHT.

UM, LET'S GO DOWN THE LIST JUST BECAUSE I CAN'T.

WE HAVE TO MAKE SURE WE EASE IN THE NACE COMMISSIONER.

CRAILL YES.

DO WE HAVE, UM, TO

[2. ITEMS FOR CONSIDERATION AND POSSIBLE ACTION a. Update on the Environmental Commission Annual Internal Review—Linda Guerrero, Environmental Commission Chair (5 minutes)]

UPDATE ON THE ENVIRONMENTAL COMMISSIONERS, ANNUAL INTERNAL REVIEW, WE'RE SIG OUT SEVERAL ITEMS REGARDING THIS.

UM, SHE SHOULD HAVE BEEN INCLUDED WITH ALL THE DIFFERENT ACTIVITIES AND, UM, PROJECTS THAT WE'VE HAD THIS PAST YEAR COMMISSIONER COYNE, AND I WILL BE MEETING ON THE 21ST OF JULY TO LOOK AT, UM, THE MISSION AND THE, UM, GOALS FOR THE NEXT YEAR.

IF ANYONE WOULD LIKE TO PARTICIPATE IN THAT MEETING, LET KAYLA KNOW, ERR, SEND US YOUR COMMENTS VIA KAYLA.

AND SO THAT IS THE UPDATE ON THAT.

IS THERE ANY DISCUSSION ON TO EIGHT NOW WE'RE GONNA BEGIN OUR PUBLIC HEARINGS AND POSSIBLE ACTIONS.

WE NEED TO BE REMINDED OF HAVING OUR MIKES TURNED OFF AND THAT WE ALSO WANT TO BE ABLE TO, UM, NO ADDITIONALS IS WHEN YOU GORDON IT DOESN'T REALLY WE'LL LIMIT OUR TIME.

SO FOR THE DISCUSSION PURPOSES, PLEASE HAVE YOUR QUESTIONS READY.

AND, UH, LET'S NOT BE REPETITIVE ALSO DURING THESE NEXT, UM, PUBLIC HEARINGS AND POSSIBLE ACTION FOR THREE, A THREE B AND THREE C.

WE HAVE SEVERAL PEOPLE

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THAT WILL BE ON CALL READY FOR DISCUSSIONS.

WE HAVE THE APPLICANTS THAT HAVE REQUESTED THREE MINUTES AND WE ALSO HAVE STAFF THAT IS HERE FOR Q AND A.

AND SO, UM, I BELIEVE THERE'S NO ONE FROM THE PUBLIC AT THIS TIME THAT HAS SIGNED UP TO SPEAK ON ANY OF THESE ITEMS, BUT WE WILL HAVE THE, UM, PUBLIC CARING OPEN UNTIL WE'VE ASKED ALL OUR QUESTIONS, UH, IN CASE WE WANT ANYONE TO RESPOND.

SO THEN THAT BRINGS US NOW TO WE

[3A. PUBLIC HEARINGS AND POSSIBLE ACTION a. Name: Circuit of the Americas (COTA) Planned Unit Development, C814-2018-0122 Applicant: Michele Rogerson-Lynch Location: 9201 Circuit of the Americas (District 2) Staff: Atha Phillips, Environmental Officer’s Office Watershed: Dry Creek East and Maha Creek Request: To create a Planned Unit Development (PUD) Staff Recommendation: Staff recommended with conditions (30 minutes)]

A CIRCUIT OF AMERICAS, COTA, C O T A PLANNING DEVELOPMENT, C EIGHT ONE FOUR DASH TWO OH ONE EIGHT DASH OH ONE TWO TWO.

THE LOCATION IS 1901 CIRCUIT OF AMERICAS.

THIS IS IN DISTRICT TWO.

THE APPLICANT HAS SIGNED UP FOR THREE MINUTES TO SPEAK, BUT WE'RE FIRST HEAR FROM STAFF AND THEN WE'LL HEAR FROM THE APPLICANT AND THEN WE'LL MOVE INTO DISCUSSION WITH THE PRESENTATION.

OKAY, GOOD AFTERNOON, COMMISSIONERS.

THIS IS ADA PHILLIPS WITH THE ENVIRONMENTAL OFFICER'S OFFICE.

UM, AS YOU SAID PREVIOUSLY, THE PROJECT IS CIRCUIT OF THE AMERICAS, HUD AND THE SITE IS LOCATED IN EAST AUSTIN IN THE FULL PURPOSE JURISDICTION.

IT CURRENTLY HOUSES THE F ONE TRACK AND THE THREE 60 AMPHITHEATER.

IT IS COMPRISED OF 1,153 ACRES.

IT IS THE DRY CREEK AND MAHA CREEK WATERSHED.

AND THE SITE WAS ORIGINALLY DEVELOPED UNDER AN AGREEMENT WITH THE CITY THAT WAS SIGNED ON JULY 31ST, 2011.

AND, UM, IN THE BACK UP, I, UM, PUT THE RESOLUTION ORDINANCE AND IT WAS WRONG.

IT WAS A YEAR OFF, UH, THE ORDINANCE SEXUALLY 2011, ZERO SIX TWO NINE DASH ZERO ZERO TWO.

AND, UM, THE AGREEMENT WITH THE CITY HAD A NUMBER OF ENVIRONMENTAL REQUIREMENTS AND THOSE REQUIREMENTS ALONG WITH CURRENT CODE FORM THAT THEY SIGNED FOR THIS PUD, UM, STAFF HAS BEEN WORKING WITH THE APPLICANT SINCE 2018 AND RECOMMENDS WITH PUD, WITH THE CONDITIONS LISTED IN THE BACKUP.

AND THAT IS ALL I HAVE FOR YOU.

THE APPLICANT.

YOU REPEAT THAT? I'M SORRY.

UH, ARE THERE ANY QUESTIONS FOR STAFF BEFORE WE PROCEED TO THE APPLICANT? THE APPLICANT HAS THREE MINUTES TO SPEAK ON THIS ART.

LET'S PROCEED TO THE APPLICANT.

WILL BE NATIVE AS WITH EVERY OTHER TREE THAT WILL BE PLANTED OUT HERE.

THANK YOU, CHERYL.

THIS IS MICHELLE LYNCH WITH MATT CASTLE, STEWART AND WILLIAMS ON BEHALF OF THE PUD.

UM, STAFF DID A VERY GOOD JOB ON THEIR REPORTS, AS YOU CAN SEE IN YOUR BACKUP.

AND, UM, AS STAFF MENTIONED, WE HAVE WORKED VERY HARD OVER THE LAST TWO YEARS TO GET TO WHERE WE ARE TODAY, WITH THEIR SUPPORT, UM, THE SUPPORT WE HAVE THE SUPPORT OF THE ENVIRONMENTAL STAFF AND THE ZONING STAFF.

AND WE'VE ALSO GONE THROUGH THE PARKS BOARD AS WELL.

UM, THE PURPOSE OF THE PUD AND WHY WE'RE HERE TODAY IS THAT WHEN THE TRACK WAS BUILT, UM, IT WAS ACTUALLY IN THE ETJ AND THEN RECEIVED INTERIM RURAL RESIDENTIAL ZONING, UM, THAT HAS REMAINED THE SAME SINCE THAT DAY.

AND THAT IS LIKELY WHY MOST DEVELOPMENT HAS NOT COME INTO THIS AREA OR AROUND THE, BECAUSE THEY'RE LIMITED TO ONLY THE TRACK USES THAT ARE OUT THERE TODAY.

SO WHEN DISCUSSING ANY OF THE PUD, WE WERE LOOKING FOR HEIGHT OF A COUPLE OF BUILDINGS THAT WOULD BE OVER 60 FEET, EXCUSE ME.

AND AS SOME OF YOU ARE AWARE, THERE ARE NOT MANY ZONING TOOLS THAT ALLOW THAT.

UM, AND SO, AND SO WE'RE TRYING TO BRING OUT MORE SYNERGISTIC USES FOR THE TRACK, AND WE'RE TRYING TO BRING THIS INTO THE AREA AND THIS OPPORTUNITY ZONE.

AND THAT IS THE PURPOSE OF THE PUTT.

I DO WANT TO CLARIFY A COUPLE THINGS IN THE BACKUP, UM, RELATED TO TREES.

UH, WE DID, UM, HAVE THE SITE DEVELOPED PERMIT, CONFIRMED THAT AT THE TIME IT WAS REQUIRED TO PLANT 230 TREES, 1100 WERE ACTUALLY PLANTED, WHICH IS BEEN NOTED AS COMPLIANT WITH THE CITY, UM, AN ECONOMIC DEVELOPMENT OFFICE AND A THIRD PARTY REVIEWER, AS WELL AS OUR LANDSCAPE ARCHITECT, TBG.

WE DID, UM, PLANTS ON BACK THAT DIED AFTER WORKING WITH STAFF AND GOING OVER SOME OF THOSE DETAILS.

AND THEN WE HAD THE WORKING GROUP MEETING WITH THE ENVIRONMENTAL COMMISSION, WHERE WE WERE ASKED FOR SOME ADDITIONAL COMPROMISES ON THAT POINT WITH STAFF.

AND SO WE ARE AGREEING TO THE CONDITION YOU SEE TODAY, WHICH IS TO PLANT 400 ADDITIONAL TWO INCH TREES.

AND THOSE

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UM, WE ARE DOING MORE, UH, WITH A PUD AS IS REQUIRED, AND THAT ALLOWS US TO ALSO CORRECT THE ITEMS FROM THE PAST THAT WE HAVE GONE OVER WITH THE STAFF IN DETAIL.

AND SO I THINK THE RESULT YOU SEE TODAY IS BETTER FOR THE CITY.

SO AGAIN, WE'VE WORKED VERY HARD WITH STAFF.

UM, WE APPRECIATE THEIR SUPPORT AND WE'RE, I'M HAPPY TO ANSWER ANY QUESTIONS AND WE WOULD APPRECIATE YOUR SUPPORT AS WELL.

ARE THERE ANY QUESTIONS FOR THE STAFF AT THIS TIME, PLEASE LET ME KNOW OR SPEAK UP.

I HAVE ONE.

CAN YOU HEAR ME? OKAY, LET'S TALK.

I JUST WAS A, I'M JUST LOOKING AT SOME OF THE MATERIALS THAT STAFF PROVIDED.

JUST WANTED TO HEAR A LITTLE BIT MORE ABOUT WHY, WHY THE APPLICANT IS NOT WILLING TO RESTORE DRY CREEK AND WORK WITH AN M ON THAT RESTORATION.

I WAS CURIOUS ABOUT THAT POINT STAFF.

SO THE EIGHTH OF BILLETS WITH THE WATERSHED PROTECTION DEPARTMENT, UM, IN THE AGREEMENT, UM, THEY ACTUALLY, WHEN THEY BUILT THE UP ONE TRACK, UH, THE CORPS OF ENGINEERS, UH, REQUIRED THEM TO RESTORE ANOTHER PORTION OF THE CREEK BECAUSE THEY DESTROYED ONE CRITICAL BUILDING THE TRACK.

AND SO THEY PERMITTED, UM, THAT RESTORATION, BUT THEN NEVER INSTALLED IT.

AND THAT IS WHY THEY ARE MARKED, UH, NOT COMPLETE WITH THAT ITEM.

COMMISSIONER COIN.

ARE YOU STILL THERE? COMMISSIONER THOMPSON CAN GO AHEAD.

COMMISSIONER THOMPSON.

HI.

UM, MY QUESTION WAS, UM, THE WETLANDS THAT ARE GOING TO BE RESTORED, UM, WILL THE PUBLIC HAVE ACCESS TO THEM TO KIND OF SEE WHAT'S GOING ON THERE? I SEE NEAR THE, AND I WASN'T ON YOUR MAP BECAUSE IT SAYS THE A HUNDRED YEAR FLOOD PLAIN.

SO IS THAT, UM, TAKING INTO ACCOUNT ATLAS 14, UM, AND IT'S ACTUALLY LABELED AS A HUNDRED YEAR FLOOD PLAIN, BUT IT IS THE 500 YEAR.

I MEAN, IT'S, IT'S ALL THAT CORRECTING OUR MAPS IS WHAT I'M CURIOUS ABOUT.

YES, IT IS THE ATLAS 1400 YEAR FLOOD PLAIN.

AND WHETHER THIS AREA WILL BE PUBLIC, I THINK IS A QUESTION FOR THE APPLICANT.

AND THEN I HAD SOME OTHER QUESTIONS TOO.

UM, HISTORICALLY WE'VE DISCUSSED, IT SAID THAT WE WOULD HAVE NATIVE TREES PLANTED, BUT WE HAD DISCUSSED THAT MAYBE THEY'RE MORE DROUGHT TOLERANT TREES THAN THE NATIVE SPECIES THAT WE HAVE HAD.

SO I'M WONDERING IF YOU'RE GOING TO WORK WITH THEM ON THAT, OR ARE YOU GOING TO LIMIT THEM TO WHAT IS WRITTEN THERE? AND I WAS CURIOUS, I THOUGHT WE MIGHT HAVE SOME CONVERSATION ABOUT THAT.

UM, WELL, NATIVE TREES, I MEAN, THERE'S PROBABLY HUNDREDS, IF NOT THOUSANDS OF TREES THAT FOLLOW FALL INTO THAT CATEGORY.

SO IT'S ACTUALLY PRETTY BROAD.

I THINK WHAT WE DON'T WANT IS A SITE THAT IS COVERED WITH, UM, YOU KNOW, CREPE, MYRTLES AND STUFF LIKE THAT.

SO, UH, THE PALETTE UNDER THE NATIVE TREE SORT OF, UM, DESCRIPTION IS, IS VERY BROAD AND THEY HAVE, THERE'S A VAST SELECTION FOR THEM TO CHOOSE FROM.

THINK CHRIS HARRINGTON ENVIRONMENTAL OFFICER? SO IT IS WITHIN THE CITY LIMITS OR WE WOULDN'T BE ABLE TO, UH, DO THE BUG ZONING.

I WAS JUST CURIOUS IF YOU HAD RATED THE TREES ACCORDING TO, UM, THE DIFFERENCE IN OUR CLIMATE.

IT'S ALL I WAS CURIOUS ABOUT AND THANK YOU FOR THAT.

AND THEN ONE OTHER THING, UM, I WAS WONDERING IF STAFF HAD, UM, ASKED THEM TO HAVE A CEMENT TRAIL AND THAT ONE AREA INSTEAD OF ASPHALT.

AND I WONDERED WHY YOU AGREED TO ASPHALT AS OPPOSED TO CEMENT, BECAUSE GENERALLY SPEAKING, WHEN WE HAVE WATER GOING OVER IN IT, ASPHALT IS NOT A GOOD IDEA.

SO WE WOULD TEND TO AGREE THE ASPHALT TRAIL IS A EXISTING, IT ALREADY EXISTS.

COULD WE RE CLASS THAT IN THAT ONE SECTION, IT BECOMES SUMMIT SINCE THE WATER GOES OVER IT I'M SURE.

IS IT OUTSIDE THE CITY LIMITS? CAN WE REQUIRE THAT IT DOESN'T HAVE PEANUTS? THE PAVS THINGS? I THINK CHRIS, CAN YOU

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AND SO OUR, UM, PH ORDINANCE THAT YOU'RE REFERRING TO THE PROHIBITION ON COAL TAR BASED PAYMENTS SEALANTS WOULD APPLY.

UH, I THINK THE QUESTION IS TO WHETHER OR NOT THE ASPHALT COULD BE REPLACED WITH CONCRETE IN THAT CREEK CROSSING SECTION IS A GOOD ONE FOR THE APPLICANT.

I'M JUST WONDERING WHY STAFF DIDN'T REQUEST IT OR HAVE YOU IS WINE BEFORE THE APPLICANT COMES ON? WE DID NOT REQUEST IT IT'S PRETTY EXISTING.

SO WE WERE JUST, UH, AGAIN, CONSIDERING IT, UM, RELATIVE TO THE OTHER SUPERIORITIES BEING OFFERED FOR THE PUD.

WELL, I, I GUESS THEN I WILL ASK THEM, THANK YOU.

HI THERE.

THIS IS MICHELLE LYNCH.

IF I CAN ADDRESS A COUPLE OF YOUR QUESTIONS COMMISSIONER.

UM, THE FLOOD PLAIN AREA IS THE NEW 100 YEAR, UM, AS DEFINED BY ATLAS 14.

UM, WE'RE HAPPY TO WORK WITH STAFF ON THE TYPE OF TREES, AS I MENTIONED WITH THE, WITH THE TREE LIST THAT VARIES, UM, AND THEN BE ASPHALT TRAVELED AS EXISTING WAS, UM, ORIGINALLY PERMITTED AS ASPHALT WITH THE CITY.

I THINK WE'RE TALKING ABOUT NOW WITH THIS PARTICULAR, UM, MODIFICATION WITH THE PAD IS THAT IT'S ACTUALLY A LITTLE WIDER THAN WHAT WAS ORIGINALLY PERMITTED.

SO YOU JUST WANT TO MAKE SURE THAT THE WIDER TRAIL IS PER IS OKAY.

THAT'S WHAT YOU'RE ASKING, BECAUSE WHAT I'M ASKING THOSE, WHY COULDN'T THAT SECTION THAT'S GOING TO BE UNDER THE WATER, UM, OR ALLOWED TO GO UNDER, COULD BE REPLACED WITH CEMENT? UM, I THINK WE'VE TALKED ABOUT THOSE, UH, OPTIONS ORIGINALLY AND THEY WERE COST PROHIBITIVE.

UM, AND SO WHAT WE ARE DOING IN LIEU OF THAT IS PROVIDING FOR ALTERNATIVE WATER QUALITY MEASURES IN OTHER AREAS AT THE TIDE TO OFFSET ANY CONCERNS IN THIS AREA.

AND THEN THE OTHER THING, I GUESS, I DON'T KNOW IF I'M CONFUSING STAFF QUESTIONS WITH THE APPLICANT, THE APPLICANT'S HERE.

IS THAT OKAY, LINDA? SURE.

GO AHEAD.

UM, I'M WONDERING IN THE SOCCER FIELDS, UM, I KNOW YOU MENTIONED SHOWERS IN THE OFFICE BUILDINGS, BUT I'M WONDERING IF THERE'S ANY SORT OF THING NEAR WHERE THE SOCCER FIELDS ARE.

AND I'M WONDERING IF YOU'LL HAVE ANY, UM, BIKE RACKS ANYWHERE, OR MAYBE A WATER FOUNTAIN OR ANYTHING LIKE THAT FOR THE BIKE PATH AND NOT WALKING AREAS.

THIS IS MICHELLE LYNCH.

I'M SORRY.

YOU, YOU SAID SOCCER CELLS WHEN YOU CLARIFYING THE, THE, THE ONE THING DEDICATED TO THE CITY OF AUSTIN FOR PARKLAND OR A DIFFERENT AREA.

UM, YOU SAID THAT YOU WERE GOING TO BUILD SOME SOCCER FIELDS, I GUESS IT'S ON THE SECTION.

THAT'S, UM, I'M NOT SURE WHERE YOUR SOCCER FIELDS WILL BE, THAT I HAD THOUGHT IT WOULD BE ON THE NON-CONTIGUOUS AREA.

AND I'M WONDERING IF, UM, I KNOW THERE, I SAW ON THE MAP, THERE WAS OPEN SPACE AROUND THAT, THAT I WAS HOPING THAT YOU COULD ANSWER THAT AS OPPOSED TO ME, I'M NOT REALLY, ARE YOU FAMILIAR WITH WHERE YOUR SOCCER FIELDS MIGHT BE? YES, MA'AM.

NOW I UNDERSTAND WHAT YOU'RE SAYING.

YES, THAT'S, UM, AREA EIGHT, IF YOU'RE LOOKING ON SHEET ONE OF THE PUD AND THOSE, UH, THAT AREA WITH THE SOCCER FIELDS ARE ACTUALLY BEING DEDICATED TO THE PUBLIC.

SO IT'LL BE A CITY OF AUSTIN PARKLAND, AND WE ARE CONSTRUCTING THE FIELDS.

UM, AT THIS TIME, UM, STAFF HAS NOT GONE THROUGH THE PROCESS OF DESIGNING WHAT OTHER ITEMS WOULD BE IN THAT PARKLAND.

UM, AND SO AT THIS TIME, UM, WE ARE CONSTRUCTING TRAILS ONLY AS WELL AS WATER QUALITY DETENTION FACILITY.

UM, WE DO HAVE A REQUIREMENT TO BUILD, UM, UH, I'M SORRY TO, TO PROVIDE A CERTAIN AMOUNT OF DEVELOPMENT FEE FOR THOSE PARKS.

AND WE ARE GREATLY EXCEEDING IT.

I BELIEVE THAT THE COST IS ABOUT $200,000 AND WE'RE SPENDING ABOUT A MILLION DOLLARS OR NO, I'M SORRY, $2 MILLION TO BUILD THE FIELDS AND THE WATER QUALITY TRAIL, WATERFALL THE POND AS WELL AS THE ACCESS ROAD.

SO, UM, YOU'RE THINKING THAT THE WATER QUALITY POND THAT YOU'LL BE BUILDING THERE IS PART OF YOUR CONTRIBUTION TO THE PARKLAND FEES.

AND I KNOW THIS IS NOT OUR PURVIEW, BUT I'M JUST WANTING TO KIND OF LOBBY FOR THE FACILITIES THERE TO BE PAID FOR.

I MEAN, I DON'T KNOW, PARKS IS HAVING A TOUGH TIME WITH THEIR BUDGET, SO I JUST WANTED TO MAKE SURE THAT WE GET SOME BIKE RACKS AND PERHAPS A WATER PEN AND A BATHROOM.

IF IT'S PARKLAND, I'M SURE WE WILL, BUT I DON'T KNOW HOW LONG WE'LL HAVE TO WAIT.

SO PERHAPS YOU COULD

[00:20:01]

FACILITATE THAT SOMEHOW.

AND THOMPSON FOR SOMETHING TO DO WITH THE PARKS DEPARTMENT AND WHAT THEY'VE WORKED OUT.

I KNOW.

SO LET'S SEE IF ANYONE ELSE HAS ANY QUESTIONS AS WE PROCEED.

ANYONE ELSE HAVE A QUESTION OR COMMENT FOR STAFF OR THE APPLICANT COMMISSIONER? YEAH, I DID.

COMMISSIONER WHO? I'M SORRY.

UM, I JUST WONDERED IF THERE WAS A MAINTENANCE AGREEMENT FOR THE TREES.

UM, IS THAT A QUESTION? ME OR STAFF? YEAH.

YOU, YOU, MICHELLE CAN ANSWER THAT.

UM, I KNOW THAT IN THE, UM, THE REQUIREMENT AND APPLIED IS THAT WE PROVIDE THE TREES, UM, WHICH WILL BE DONE WITH THE FIRST BITE DEVELOPMENT PERMIT AND THEN REQUIRED DEEP WATER.

UM, I'M NOT FAMILIAR WITH MAINTENANCE AGREEMENT REQUIREMENTS BETWEEN WHAT'S THIS EIGHTH OF PHILLIP.

UM, USUALLY WHEN A LANDSCAPE COMPANY INSTALLED FRANCE STATE, THEY WILL GUARANTEE IT FOR A YEAR OR TWO YEARS.

I WAS JUST WONDERING IF WE, IF WE COULD ADD THAT THAT TREES WOULD BE CARED FOR, YOU KNOW, MULCHED AND PRUNED AND WHATEVER WAS NEEDED BY A CERTIFIED ARBORIST FOR THREE PER THREE YEARS.

COULD, COULD, WOULD YOU BE A MINIMAL TO ADDIE NET? YES, MA'AM.

THIS IS MICHELLE.

MICHELLE.

I WOULD AGREE TO THAT.

MADAM CHAIR.

THIS IS, UH, UM, MACY, IF YOU WOULDN'T MIND REPEATING YOUR REQUESTED A RECOMMENDATION.

INCLUDING A MAINTENANCE AGREEMENT FOR THE TREES TO BE, TO BE PRUNED, MULCHED AND CARED FOR BY A CERTIFIED ARBORIST FOR THREE YEARS.

WATERED.

I DIDN'T, DID I SAY WATER, WATER, PRUNING, MULCHING, WHATEVER THE TREES NEED FOR THREE YEARS BY A CERTIFIED HARBORS MOTION.

READY? IF ONE FURTHER ITEMS OF DISCUSSION.

I HAVE JUST A FEW, UM, QUESTIONS VERY QUICKLY.

UH, I THOUGHT PHILLIPS, IF YOU COULD ANSWER ME A FEW QUESTIONS, UH, WHEN WE WERE AT THE, UM, WORKING GROUP, UH, THE CONCERNS WERE THE WETLANDS.

UH, THE CONCERN WAS THE QUICK RESTORATION, AND THEN WE ALSO HAD CONCERNS ABOUT THE TREE MITIGATION, WHICH THAT HAS BEEN COMPLETED AND WE APPRECIATE, BUT HAS, UH, HOW HAS THE WETLAND MITIGATION BEEN, UH, INCREASED? AND WHAT ABOUT THE CREEK RESTORATION? I SEE IT SAYS RE PERMIT AND CONSTRUCT YOU AS CORP ENGINEERS FOR CREEK RESTORATION.

WHEN YOU READ PERMIT, IS THAT GOING TO BUMP UP THE, UH, QUICK RESTORATION PERCENTAGE? UM, SO THERE'S WETLAND RESTORATION AND THEN THIS IS CREEK RESTORATION.

SO WE SORT OF COUNTED THOSE SEPARATELY.

LENGTH OF IT, BUT IT'S A PRETTY BIG FLOCK OF LAND THAT THEY'LL BE RESTORING.

AND SO, UM, THE RESTORATION OF THE WETLANDS IS I THINK, 14 ACRES, 14.2, SIX OR 36 ACRES.

AND I'M NOT SURE IF THE ACREAGE OF THE ARMY CORPS.

AND WAS THAT AN INCREASE FROM OUR MEETING? CAUSE WE ASKED Y'ALL TO GO BACK AND COMPROMISE.

NO, ACTUALLY I, I DID NOT INCLUDE, I DIDN'T SEE AN ADDITIONAL AREA THEY WERE INCLUDING UNTIL, SO I HAD TO GO BACK AND ADD, THERE WERE 11 ADDITIONAL ACRES THAT I DIDN'T SEE.

ALL RIGHT.

AND THEN I'M SORRY AGAIN, WITH THE RE PERMITTING, IS THAT GOING TO HELP WITH THE, UH, CREEK RESTORATION? YES.

THAT IS THAT ONLY DEALS WITH CREEK RESTORATION AND, UM, I'M NOT SURE OF THE

[00:25:01]

SO I'M JUST WONDERING IF WE NEEDED TO ADD A NUMBER OR ANYTHING OR JUST LEAVE IT AS IT IS.

THAT'S MY ONLY QUESTION.

CAUSE YOU HAVE 13 POINTS.

THIS IS PRETTY GOOD.

THAT'S ALL I NEEDED TO KNOW BECAUSE ALL OF THESE ACREAGE AREAS THAT WE'RE TALKING ABOUT HERE ARE REFERENCED ON THE SHEET.

AND SO THEY'VE BEEN IDENTIFIED, THE AREAS HAVE BEEN IDENTIFIED.

AND SO, UM, IT'S VERY CLEAR ON THE SHEETS WHERE THESE AREAS ARE.

I JUST WANTED TO JUST DOUBLE CHECK BECAUSE THAT WAS ON MY LIST FROM OUR MEETING.

UH, OKAY.

THERE'S A, UM, WE NEED TO PROCEED WITH CLOSING THE PUBLIC HEARING.

DOES EVERYBODY READY WITH NO OBJECTION TO CLOSE THE PUBLIC HEARING? YES.

AYE.

WE NEED A MOTION TO CLOSE THE PUBLIC HEARING.

SO CLOSE THE PUBLIC COMMISSIONER AND WE HAVE A SECOND.

THOMPSON ALL IN FAVOR, SAY AYE.

OH, DOES ANYONE OBJECT? I'LL JUST PUT IT THAT WAY.

ANY OBJECTIONS THEN IT CARRIES 10.

OH, ALRIGHT.

YOU READY FOR MY MOTION? YES SIR.

I HIT HIM.

WITH THE FOLLOWING CONDITIONS.

ON THE AGENDA ITEM THREE, A UH, THE SUBJECT CIRCUIT OF THE AMERICAS PLANNED UNIT DEVELOPMENT, C EIGHT ONE FOUR 2018 DASH ZERO ONE TWO TWO.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZED THE APPLICANT WISHES TO CREATE A PLANNED UNIT DEVELOPMENT POD ON THE 1,153 ACRE SITE AT 92 OH ONE CIRCUIT OF THE AMERICAS BOULEVARD.

AND WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZED AND STOP RECOMMENDS THE APPROVAL OF THE PARK WITH RECOMMENDATIONS.

THEREFORE ENVIRONMENTAL COMMISSION RECOMMENDS THE CREATION OF THE CIRCUIT OF AMERICAS.

THERE ARE 10 STOP CONDITIONS IN ONE OF MORE CONDITION CONDITION, STAFF CONDITION.

NUMBER ONE, WATER QUALITY FOR ALL NEW DEVELOPMENT SHALL CONSIST OF 100% GREEN STORM WATER INFRASTRUCTURE.

NUMBER TWO, IMPERVIOUS COVER IS LIMITED TO 68%.

NUMBER THREE, DEDICATE A 11.38 GROSS ACRES OF PARKLAND.

NUMBER FOUR, PROVIDE 298 ACRES OF OPEN SPACE.

NUMBER FIVE, RESTORE 14.36 ACRES OF WETLANDS.

NUMBER SIX, RE PERMIT AND CONSTRUCT THE U S ARMY CORPS OF ENGINEERS CREEK RESTORATION.

NUMBER SEVEN INSTALLED 400 NATIVE TREES, MINIMUM SIZE, TWO INCH CALIBER AND WATER AND WATER.

THE TREES FOR ESTABLISHMENT.

THE TRAINEE SHALL NOT COUNT TOWARDS ANY LANDSCAPE REQUIREMENTS.

NUMBER EIGHT, PROVIDE 0.88 ACRE OF WATER QUALITY TREATMENT TO MITIGATE ASPHALT TRAIL.

NUMBER NINE, RESTORE VEGETATION ALONG THE ASPHALT TRAIL PER EXHIBIT L.

AND NUMBER 10 REQUIREMENTS OUTLINED FOR THE CONDITIONS ABOVE FIVE, SIX, SEVEN, EIGHT, AND NINE SHALL BE CONSTRUCTED WITH THE FIRST SITE PLAN REQUIRING A BUILDING PERMIT AND ONLY A SITE PLAN FOR THE RECREATIONAL FIELDS ASSOCIATED WITH PA FOR SHELL PROCEED THESE REQUIREMENTS AND THERE'S ONE, UH, ENVIRONMENTAL COMMISSION CONDITION, WHICH IS THE APPLICANT WILL HIRE A CERTIFIED ARBORIST TO MAINTAIN THAT IS WATERPROOF MULCH, ET CETERA, THE PLANTED TREES FOR THREE YEARS.

ALRIGHT, LET'S HAVE A SECOND.

DID WE LEAVE IT UP? OKAY.

THE DEVELOPMENT OF THE PET SHALL COMPLY WITH THE CONDITIONS STIPULATED IN PARKS AND OPEN SPACE.

I SEE THAT WE LISTED EVERYTHING ELSE.

NO, NO WE DON'T.

THAT'S NOT UNDER OUR PURVIEW TO DO THAT.

COMMISSIONER GORDON.

I FINALLY GOT MY PHONE ON ME.

I'VE BEEN TRYING TO SAY SOMETHING FOR AWHILE.

THAT ARE LIKELY TO ESTEEM CLIMATE CHANGE IMPACTS.

UM, SO ONE GOING BACK TO THE ISSUE WITH THE TREES AND SPECIES, THERE'S A NEW STUDY.

IT'S NOT OFFICIALLY PUBLISHED YET, BUT IT'S ABOUT TO RELEASE AS THE FOREST SERVICE, LOOKING AT CLIMATE CHANGE IMPACTS ON THE GREATER THAN AUSTIN, TRAVIS COUNTY AREA AND RECOMMENDING SPECIES GOING FORWARD.

SO THAT MIGHT BE A DOCUMENT THAT THE APPLICANT WISHES TO REFERENCE.

I CAN CERTAINLY GET, UM, GET THAT IN THE HANDS OF PEOPLE.

BUT THE IDEA IS TO IN THE FUTURE PLANT TREES

[00:30:01]

AND SECONDLY, I WAS TRYING TO MAKE THE POINT BEFORE THAT THEY DON'T THINK WE NEED TO REQUEST A CERTIFIED ARBORIST WATERING THE TREES OR OTHER PARTS OF THE LANDSCAPE.

OKAY, WELL GO AHEAD.

NO, I JUST THINK THAT THAT WOULD EXTEND THE WATERING AGREEMENT, WHICH IS USUALLY ONE YEAR FOR WHAT THE LANDSCAPE PEOPLE AGREED TO.

SO THAT WOULD JUST EXTEND IT FOR THREE YEARS AND YOU KNOW, THEY, THEY CAN TAKE CARE OF THAT AS THEY WISH, BUT EVERYBODY ALREADY, YOU KNOW, THE APPLICANT AGREED TO IT.

WELL, THAT WAS THE REASON TO HAVE A CERTIFIED ARBORIST, UH, CAUSE WE COULD GO BACK AND WE CAN AT LEAST WATCH THE VIDEO.

THEY AGREED TO HAVE A CERTIFIED ARBORIST AND BASICALLY, YOU KNOW, MAINTAIN THE TREES AND SO FORTH.

AND THEN SOMEWHERE IN THE DISCUSSION WHEN KRISHA RAN BERKELEY IS TRYING TO PUT TOGETHER THE VERBIAGE.

SO YOU HAVE THE WORD WATER AND GOT INSERTED IN THERE.

AND I JUST THINK THAT'S MAYBE A LITTLE BIT OVER THE TOP BECAUSE I DON'T THINK WE NEED A CERTIFIED ARBORIST TO RUN THE HOSES TO THE TREES, COMMISSIONER, CHRIS HARRINGTON, ENVIRONMENTAL OFFICER, JUST BY WAY OF POTENTIALLY YOUR CONSIDERATION OF INCORPORATING COMMISSIONER GORDON'S COMMENTS, YOU MIGHT JUST INSERT THE WORD PLAN.

WATERING PLAN WOULD BE OVERSEEN BY THE CERTIFIED ARBORISTS, BUT THE WATERING COULD BE ACTUALLY CONDUCTED BY, UM, OTHER INDIVIDUALS.

YEAH, WE DO THE WATERING ANYWAY.

SO WHATEVER THIS IS MARYANNE, I REALLY WOULD APPRECIATE WHAT SHE SUGGESTED ON THE, UH, UH, THE CLIMATE CHANGE WITH TREES.

I THINK THAT'D BE VERY INTERESTING TO READ.

SHE IS GOING HAVE TO HAVE THAT SENT OUT.

MR. THOMPSON COMMISSIONER THOMPSON.

YEAH, I'LL BE, I'LL BE 70, 30 STAFF WERE INVOLVED WITH THE PRODUCTION OF THIS REPORT AS WELL.

SO HOPEFULLY IT WILL BE SOMETHING CIRCULATING BEFORE LONG, BUT I CAN MAKE SURE THAT THE APPROPRIATE PARTIES GET A COPY IN THEIR HAND SO THEY CAN REFERENCE IT.

AND ONE OF THE THINGS WE DID WAS SPECIFICALLY LOOK AT SORT OF EASTERN TRAVIS COUNTY TREES, GENERAL LANDSCAPE VERSUS WESTERN TRAVIS COUNTY.

SO IT SHOULD BE QUITE HELPFUL.

THANK YOU VERY MUCH.

CAN WE HAVE A MOTION ON THE TABLE? DO YOU WANT TO REREAD THAT LAST, UH, STAFF CONDITION COMMISSIONER LAMBERG BEFORE WE GET A SECOND? YEP.

I MEAN, I WOULD BE HAPPY TO UM, SO IT'S UH, I, I REWORDED THE ENVIRONMENTAL ONE ENVIRONMENTAL COMMISSION CONDITION, WHICH NOW READS APPLICANT WILL HIRE A CERTIFIED ARBORIST TO OVERSEE THE MAINTENANCE OF, AND I SAID, I E PLAN FOR WATERING PRUNING, MULCHING, ET CETERA, OF THE PLANT TO TREES FOR THREE YEARS.

ALRIGHT.

IN A SECOND, SECOND, MR. NEWLY SECONDS.

ALRIGHT, LET'S GO TO ROLL CALL PLEASE.

I THINK SHE SAID YES.

COMMISSIONER MACIO YES.

COMMISSIONER RANDBURG.

MR. GUERRERO, MR. GORDON.

PERSIMMONS S P DASH 2018 DASH ZERO FIVE SEVEN NINE C DOT S H.

MOTION CARRIES 11.

OH, THANK YOU VERY MUCH.

MAKE SURE YOU'RE MUTED DOING, UM, THE TIMES THAT WE'RE NOT VOTING OR DISCUSSING COMMISSIONERS, WE ARE NOW GOING TO GO TO A THREE B

[3B. Name: Persimmons, SP-2018-0579C.SH Applicant: Mike Mullone, Dunaway & Associates Location: 7051 Meadow Lake Boulevard, Austin, TX 78744 (District 2) Staff: Jonathan Garner, Environmental Program Coordinator, Development Services Department Watershed: Onion Creek Watershed, Suburban Watershed Classification, Desired Development Zone Request: Request to vary from LDC 25-8-341 to allow cut of more than four feet on slopes in excess of 15 percent gradient Staff Recommendation: Staff recommends this variance with conditions (30 minutes)]

THE APPLICANT IS HERE WOULD LIKE THREE MINUTES.

IT'S LOCATED AT SEVEN ZERO FIVE ONE MEADOW LAKE BOULEVARD, AUSTIN, TEXAS, SOME AT 744 DISTRICT TWO.

WE WILL HEAR FROM STAFF NOW REGARDING THIS PROJECT.

[00:35:14]

IS THERE A GLITCH FLOW COMMISSIONERS? THIS IS CHRIS HARRINGTON, ENVIRONMENTAL OFFICER.

I THINK WE'RE HAVING A LITTLE BIT OF CONNECTION ISSUES WITH, UM, MR. GARNER.

UH, JUST THE INTEREST OF TIME.

UH, THIS IS A VARIANCE REQUEST TO THE LAND DEVELOPMENT CODE, SECTION 25 DASH EIGHT DASH THREE FOUR ONE TO ALLOW FOR DEVELOPMENT OF A MULTIFAMILY SMART HOUSING DEVELOPMENT PROJECT IN THE ONION CREEK WATERSHED AS STAFF HAVE DETERMINED THAT THE REQUIRED FINDINGS OF FACT HAVE BEEN MET AND THAT THIS PROJECT IS THE MINIMUM DEVIATION FROM CODE THAT PROVIDES FOR EQUAL OR BETTER WATER QUALITY STAFF IS RECOMMENDING THIS VARIANCE WITH THE CONDITIONS INCLUDED IN YOUR BACKUP PACKET.

MORE INFORMATION IS AVAILABLE IN THE BACKUP STAFF ARE AVAILABLE.

IF THERE ARE ANY QUESTIONS FROM THE DIOCESE AND I BELIEVE THE APPLICANT IS ALSO ON THE LINE IN CASE YOU HAVE ANY QUESTIONS FROM THEM AND THE APPLICANT IS WISHING TO SPEAK.

IS THERE ANY QUESTIONS BEFORE WE PROCEED TO THE APPLICANT? IF THE APPLICANT WOULD LIKE HIS THREE MINUTES, NO GOOD AFTERNOON.

MEMBERS OF THE ENVIRONMENT, THE COMMISSION, MY NAME IS MARTIN I'M THE IN YEAR AUDIT.

I REPRESENT OFTEN HABITAT HABITAT, A HUNDRED FOOTPRINT, MARK FF WILL BE DEDICATED FOR THE MIDDLE OF LAKE BOULEVARD BY APPROXIMATELY 3.4 ACRES IN THE SOUTHEAST.

BUT WHEN HE LOCATED AND HE LOOKED BACK, THERE ARE NO OF FEATURES AND THE SITE IS NOT IN THE RECHARGE ZONE.

THE SITE IS CURRENTLY GENERATING, HAS BEEN WORKING CLOSELY WITH HABITAT FOR TWO YEARS TO DEVELOP CONCEPT READY OUT, UP BY.

THIS IS HOW TO ATTACK.

FIRST TIME ACT RESIDENTIAL IN THE CITY, DESPITE DESIGN PROVIDE AFFORDABLE UNIT COMMUNITY BATHROOM AREA AMPHITHEATER FOR COMMUNITY AND MAXIMIZE IT WITHIN THE DEVELOPMENT, PROVIDE ENVIRONMENTAL PROTECTION WHILE MINIMIZING THE TURBAN THING ENVIRONMENT MAXIMIZATION OF A FAIRLY OFTEN ON LAND, BUT 15% LAY OUT REQUIRES UPON DESIGN, MINIMIZE IT AS MUCH AS POSSIBLE.

THE CONSTRUCTION OF THE ALLEN WITH STABILIZER AND A CONCRETE PRACTICE LETTER WHILE THE VENEER, THE AREA AROUND THE POND WOULD BE TREE AND NATIVE DEEP ROOTED THERE.

ANOTHER IMPROVEMENT AT THAT POINT, THE PROJECT IS NOT TO MAXIMIZE DEVELOPMENT ON THE PROPERTY WITH THE PARK TO ALLOW 55 COVER 33%, AND THEREFORE THE CUT NEEDED FOR THE POND AFTER THE WATER QUALITY AND DETENTION BY, BUT ENOUGH, I SUPPOSE, IF THE PROJECT WORKED IN THAT ROBYN, THE WATERFALL AND DETENTION FACILITY, PART AND ON, BUT NOT OPEN FOR GREATER THAN 25%.

DO I HEAR ANYONE? I DON'T KNOW IF THIS WAS MENTIONED EARLIER, BUT THIS IS ASSOCIATED WITH THE VARIANCE WE RECEIVED FROM PUBLIC WORKS.

AT ALL.

FOR THE FIRE REMOVAL OR PROTECTIVE FACTOR AND IN THE POND OUTFALL INTO THE 75% AND THE FOR THE ALCOHOL DUNAWAY ON THE APPLICANT AND AGREEMENT BACK RECOMMENDATION.

I'M AVAILABLE TO ANSWER ANY QUESTION YOU MAY ASK.

[00:40:04]

UM, LAST COMMISSION MEETING, UM, UM, CUTTING THE KIND OF QUALITY ZONE.

UM, JUST WANTED TO KIND OF MAKE THAT CONNECTION HERE.

RAINBIRD LAMBERT SECONDS.

REPEAT THAT SERVICES DEPARTMENT WHILE THE TWO VARIANCES ARE ALIGNED ON THE SAME PROPERTY, THEY'RE SEPARATE APPLICATIONS AND NOT CONNECTED TO ONE OF THEM.

THANK YOU FOR THE CLARIFICATION.

ANY OTHER QUESTIONS FOR THE APPLICANT OR STAFF BEFORE WE CLOSE THE PUBLIC HEARING? ALRIGHT, I'LL MOVE TO CLOSE A PUBLIC CHAIRING.

I'LL MAKE THAT MOTION A SECOND THOUGHT.

ALL IN FAVOR.

SAY AYE.

HI.

I'LL CONSIDER THAT IS 11.

OH, UNLESS ANYONE OBJECTS PLEASE OBJECT NOW.

ALRIGHT, SO WE'RE AT ITEM THREE B NOT I'M SURE I HAVE A MOTION LIKE ME TO READ IT, PLEASE, SIR.

ON AGENDA ITEM ACTUALLY FOR A THANK YOU.

UM, YOU KNOW, IT'S FORAY, THE SUBJECT BEING PERSIMMONS SP 2018 DASH ZERO FIVE SEVEN NINE C DOT S H.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZED THE APPLICANT'S REQUEST FOR A VARIANCE FROM LDC 25, EIGHT 34 ONE TO ALLOW CUT, BUT MORE THAN FOUR FEET ON SLOPES IN EXCESS OF 50% GRADE.

AND WHEREAS INVARIABLE COMMISSION RECOGNIZED THE SITE IS AT SEVEN ZERO FIVE ONE MEADOW LAKE BOULEVARD.

AND WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES STAFF RECOMMENDS WITH CONDITIONS.

THE VARIANCE HAVING DETERMINED THE FINDINGS OF FACT HAVE BEEN MET.

THEREFORE THE ENVIRONMENTAL COMMISSION RECOMMENDS THE VARIANCE FROM LDC TWO FIVE DASH EIGHT DASH THREE FOUR ONE TO ALLOW CUT, BUT MORE THAN FOUR FEET AND ON SLOPES IN EXCESS OF 15% WITH THE FOLLOWING STAFF CONDITION, THE VEGETATION, THE TOP AND BACKSIDE OF THE POTENTIAL POND BERM WITH NATIVE DEEP ROOTED BUNCHGRASSES AND PROVIDE ADDITIONAL TREE PROTECTION FOR TREES, FOUR TO EIGHT INCHES IN DIAMETER LOCATED PIECE OF THE PROPOSED ON ALONG THE STEEPER SLOPES.

UM, COMMISSIONER WEINBERG.

I HAVE THIS AS ITEM THREE B ON MY AGENDA.

LET ME COME BACK ON MY AGENDA.

AND WAS THERE ANY RECOMMENDATIONS FROM, UM, THE ENVIRONMENTAL ONLY RECOMMENDATIONS? CORRECT.

JUST STOP RECOMMENDATIONS FROM THE BACKUP.

DO WE HAVE A SECOND? SECOND AND THOMPSON, MR. THOMPSON MAKES A SECOND.

UH, ANY FURTHER DISCUSSION BEFORE ROE COLE? COMMISSIONER KRILL? YES.

COMMISSIONER SMITH.

MR. THOMPSON, MR. NEIL.

COMMISSIONER MAY SKIP MR. MASON.

I DON'T HAVE A PRETTY SURE RAIN BIRD.

RED BIRD.

BORDEN.

SO SOMEONE NEEDS TO LOOK AT SOMEONE NEEDS TO MUTE.

I'M SORRY, MR. GORDON.

I THINK I JUST HEARD YOU.

COMMISSIONER BEDFORD.

THREE C IT'S UH, AT THREE OH TWO.

THAT I DID NOT HEAR COMMISSIONER MACIO SO THAT'S GOING TO BE 10.

[00:45:01]

AND AGAIN, PLEASE MUTE.

IF YOU HAVE NOT MUTED YOUR MICROPHONE.

ALRIGHT, COMMISSIONERS.

WE ARE MOVING FORWARD TO ITEM

[Items 3C & 4]

YOU SEEING IT DRIVE BOAT DOCK REPLACEMENT.

S P DASH 2020 DASH 10 25.

CAPITAL D LETTER D.

WE HAVE THE APPLICANT HERE ONLY IF THERE'S A NEED FOR QUESTIONS IS LOCATED AT THREE OH TWO SCENIC DRIVE, AUSTIN, TEXAS, SOME NEXT SEVEN OH THREE.

WE WILL HEAR FROM OUR STAFF REGARDING THE REQUEST FOR THIS VARIANCE, GREETINGS FINISHERS.

MY NAME IS RODMAN RICE AND THE HYDROGEOLOGIST REVIEW WATERSHED PROTECTION.

UH, AS I MENTIONED EARLIER, JUST THE CURRENT PROJECT IS LOCATED AT 3002 SCENIC DRIVE, AND IT HAS A REQUEST FOR A VARIANCE FROM THE LAND DEVELOPMENT CODE, 25 EIGHT, TWO 81 C TWO B TO ALLOW CONSTRUCTION WITHIN 150 FEET OF TWO CRITICAL ENVIRONMENT FEATURES A RIM ROCK AND A SEAT.

THE AFRICAN IS PROPOSING TO REPLACE A NONCONFORMING DOCK, UH, WITH ONE, AT LEAST THAT REDUCES THE EXTENSION OF THE DOCK TO CURRENT NAVIGATION, SAFETY REQUIREMENTS.

UM, STAFF HAVE DETERMINED THAT THE REQUIRED FINDINGS OF FACT IT'S BEEN MET AND THAT THIS PROJECT IS A MINIMUM DEVIATION IN CODE THAT PROVIDES EQUAL OR GREATER WATER QUALITY AND PRESENT STAFF IS RECOMMENDING THE SCIENCE WITH THE CONDITIONS INCLUDED IN THE BACKUP PACKET.

UM, BUT ARE AVAILABLE.

IF THERE ARE ANY QUESTIONS, ARE THERE ANY QUESTIONS FOR STAFF AT THIS TIME? THE APPLICANT IS HERE ONLY IF WE HAVE A QUESTION FOR THE APPLICANT.

UM, AND I DID, I THINK I JUST HEARD HIM SAY THAT THIS WILL REDUCE THE DOCS LINK.

DID I JUST HEAR THAT? YES, MA'AM SO THAT'S A WIN FOR SURE, FOR ME.

SO I'M GOING ONCE, TWICE, THREE TIMES.

ARE THERE ANY QUESTIONS BEFORE WE MOVE FORWARD TO CLOSE THE PUBLIC HEARING? I NEED A MOTION TO CLOSE THE PUBLIC HEARING ON THE C I CHOSE HIS COMMISSIONER REBER GUY MOVING CLOSED THE PUBLIC HEARING.

THIS IS MARYANNE, I'LL SAY SECOND BY COMMISSIONER NEELY.

VERY GOOD.

LET'S VOTE ALL IN FAVOR.

SAY AYE.

AYE.

THAT'S 11.

OH, I THINK WE'VE LOST ANYONE.

ANY OBJECTIONS? ALRIGHT, THANK YOU.

NOT UNTIL I HAVE A MOTION, IF YOU'RE READY.

YES, NO.

SURE.

ON ITEM THREE SAVED, UH, APOLOGIZE.

THIS LAST ONE, UM, FOR THE SUBJECT, UH, 3002 SCENIC DRIVE BOAT DOCK REPLACEMENT, S P 2020 DASH ONE ZERO TWO FIVE D.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT REQUEST A VARIANCE FROM LDC 25 DASH EIGHT DASH TWO EIGHT ONE C TO B TO ALLOW THE CONSTRUCTION WITHIN 150 FOOT OF A CRITICAL ENVIRONMENTAL FEATURE.

WHEREAS THE VERMONT COMMISSION RECOGNIZES THAT STAFF RECOMMENDS THIS VARIANCE.

HAVING DETERMINED THE FINDINGS IN FACT HAVE BEEN MET.

THEREFORE THE ENVIRONMENTAL COMMISSION RECOMMENDS THE VARIANCE FROM LDC 25 DASH EIGHT DASH TWO EIGHT ONE C TO B.

FILL OUT FOR THE CONSTRUCTION WITHIN 150 FOOT OF A CEF CRITICAL ENVIRONMENTAL FEATURE WITH ONE STAFF CONDITION THAT ALL CONSTRUCTION ACTIVITIES BE COMPLETED BY BARGE.

I ALSO, IT SAYS HERE THAT I'M ON MY BACKUP, BUT WE WOULD ASK THEM TO REGURGITATE AS WELL.

SHOULD WE ADD THAT INTO OUR MOTION? I CAN READ THAT COMMISSIONER THOMPSON INTERVIEW.

POINT ME TO WHERE THAT IS IN THE BACKUP.

I CAN LOOK AT IT.

AM I IN THE WRONG? I'M ON THE WRONG ONE.

UM, LET'S SEE.

IT'S IN THE, IF YOU IT'S THE STAFF RECOMMENDATIONS IN THE PRESENTATION AND IT SAYS, READ VEGETATE THE TOP AND BACKSIDE OF THE DETENTION.

[00:50:04]

I'M SORRY.

I'M ON PERCENTAGE.

SORRY, BUT FOR STAFF, IS THERE SOMETHING ABOUT, UM, WETLANDS OR I THINK THERE WAS SOMETHING I DON'T HAVE ANY FUN.

THERE WAS SOMETHING THAT THEY WERE GOING TO DO.

WE STORE SOMETHING.

WHY WEREN'T THEY? I DON'T HAVE THE ONE.

THIS IS RIGHT.

THIS IS THREATENING, RIGHT? THE HYDROGEOLOGY.

UM, THEY HAVE A NEGOTIATED WITH THE WETLAND REVIEWER AND THEY HAVE, UH, THEY ARE DOING WETLAND PLANTINGS.

UM, AND THEY HAVE CONFORMED TO HIS RECOMMENDATIONS ON PLACEMENT AND SIZE.

DID YOU CAPTURE THAT MONEY CHANCE COMMISSIONER LAMBERT? I APOLOGIZE.

I DID NOT.

THE CONNECTION WAS KIND OF DIFFICULT TO HEAR.

I, IF YOU WOULDN'T MIND REPEATING THAT, BUT THERE HAS BEEN SOME DISCUSSION WITH THE WETLAND BIOLOGIST AND THEY'VE AGREED TO PLANTINGS AND COME IN.

I GUESS IF THE AGREEMENTS ARE DETAILED, I COULD INCLUDE THEM AS A STAFF RECOMMENDATION.

IF THAT'S THE REQUEST OF THE CHAIR.

YES, PLEASE.

UH, IS IN THE BACK.

I SAW IT IN THE BACKUP.

COULD YOU SEND THAT TO US OR SEND IT TO KAYLA SO THAT WE HAVE THE SPECIFIC WORDING FOR THAT SINCE WE CAN'T REALLY HEAR TOO WELL WITH THE CONNECTION COMMISSIONER'S CHRIS HARRINGTON, ENVIRONMENTAL OFFICER THAT, THAT WETLAND MITIGATION THAT, UM, MR. RODMAN MENTIONED, UH, IS ALREADY BEING SATISFIED BY COMPLIANCE WITH OTHER ASPECTS OF THE CODE.

SO I DON'T KNOW THAT IT WOULD BE NECESSARY TO INCLUDE IT AS A CONDITION OF THIS VARIANCE SINCE IT'S ALREADY, UH, SATISFYING OTHER CODE REQUIREMENTS.

ALL RIGHT.

THAT'S WHAT WE NEEDED TO HEAR.

DO I HAVE A SECOND? I DON'T HAVE A SECOND.

SECOND.

THIS IS MARYANNE ALL SECOND.

ALL RIGHT.

NOW THERE WAS MR. CREEL.

COMMISSIONER SNIFF SMITH.

I'M SORRY.

COMMISSIONER MACIO MR. ROMBERG.

COMMISSIONER BEDFORD.

TIME CHAMPION MARCIA PROTECTION.

IT'S CONDITIONER MACIO IS HAVING TROUBLE UNMUTING.

JUST PUSH THE STICK.

YES, THANK YOU.

ALRIGHT, THIS, THIS CARRIES 1104 ITEM THREE.

SEE THAT CONCLUDES OUR PUBLIC HEARINGS AND POSSIBLE ACTION, PRESS STAR THREE.

TO RAISE YOUR HAND, TO ASK A QUESTION, PRESS STAR SIX, PRESS STAR STAR TO ACCESS THE HELP MENU.

SO PLEASE SEND US ANY INFORMATION THAT WE NEED TO CONSIDER REGARDING MISSIONS AND GOALS FOR OUR ANNUAL, UH, INTERNAL REVIEW.

WE'LL BE MEETING AGAIN IN A COUPLE OF WEEKS FOR ANOTHER AGENDA AND, UM, APPRECIATE EVERYONE COMING TODAY.

WE'RE GOING TO ADJOURN THIS IF THERE'S NO OBJECTIONS AND GO.

THE MEETING TO ANYONE ELSE THAT WOULD LIKE TO ATTEND.

MAY I PLEASE? UM, I'D LIKE TO CONGRATULATE MIKE KELLY ON BEING, UM, THEN YOU ASSOCIATE YOUR ASSISTANT DIRECTOR OF WATERSHED PROTECTION.

THAT'S ANYONE, ANYTHING ELSE BEFORE WE CONCLUDE, UH, COMMISSIONER LAMBERT, I JUST NEEDED TO MAKE SURE WE DON'T NEED TO MOVE ITEM TO A, TO REVIEW OR APPROVED THE INTERNAL REVIEW AUDIT REPORT.

NO, WE'RE JUST GETTING AN UPDATE IN, UM, COMMISSIONER, UH, COYNE AND I WILL BE MEETING ON THE 21ST AND I OPENED UP

[00:55:01]

IT WILL BE COMING BACK IN TWO WEEKS TO HAVE, UH, ACTION ON IT.

UH, WE STILL HAVE TO HONE IN SOME OF THE MISSION AND GOALS PRIOR TO ABOUT, BUT THANK YOU.

WE DON'T, WE'RE NOT READY YET.

WE STILL WANT YOU ALL TO GIVE US INPUT.

SO EXPECT THAT ON YOUR NEXT AGENDA ITEM.

THIS IS KAYLA CHAMPLIN, WATERSHED PROTECTION REALLY QUICKLY THAT, UH, IN THE EMAIL THAT I SENT OUT TO EVERYONE YESTERDAY, THERE'S A LINK TO A SURVEY, A PISTOLA IT'S VERY SURE SHOULD ONLY TAKE ABOUT FIVE MINUTES ABOUT THE GOALS AND MISSION OF ENVIRONMENTAL, OF THE ENVIRONMENTAL CONDITION FOR THE CHAIR AND VICE CHAIR TO USE IN THE ANNUAL REPORT AFTER.

PLEASE BE SURE TO CHECK THAT OUT.