* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] ORDER. [CALL TO ORDER] WE ARE MEETING DECEMBER 2ND, 2020 AT 6:05 PM. VIA VIDEO CONFERENCING, ROLL CALL COMMISSIONER REEL, COMMISSIONER SMITH HERE. COMMISSIONER THOMPSON HERE. COMMISSIONER NAIL COMMISSIONER NEELEY, AIR MISSIONER COIN HERE. COMMISSIONER MACIO HERE. LAMBERG IS OFF DYESS. I'M HERE. ARE YOU HERE? GUERRERO HERE. COMMISSIONER GORDON HERE. MISSIONER BEDFORD HERE. EXCELLENT. ALRIGHT, LET'S PROCEED [1. APPROVAL OF MINUTES AND ACTION] TO, UH, APPROVAL OF MINUTES FROM 2020 AS EVERYBODY HAD A CHANCE TO ALWAYS GO FOR THAT MOTION TO APPROVE SECOND BY SECOND BY RANDBURG. ANY FURTHER DISCUSSION, ANY OBJECTIONS TO MOVE ON? ALL IN FAVOR, SAY AYE. AYE. AYE. AYE. MOTION CARRIES. I BELIEVE THAT IS EIGHT OF US. OKAY. NOW WE ARE GOING [2a. Name: Brushy Creek Regional Utility Authority Raw Water Pump Station, SP-2020- 0028D ] TO GO TO ITEM TWO, A, UM, COMMISSIONER ROMBERG. WILL YOU BE RECUSED ON THIS? YES MA'AM. OKAY. SO I THINK THERE'S A CORRECTION ON TWO 82 WITH THE, UM, SP WHICH I HAVE WRITTEN DOWN, CORRECT ME IF IT'S WRONG. UH, TO A BRUSHY CREEK, REGIONAL UTILITY AUTHORITY, RAW WATER PUMP STATION S P DASH 2020 DASH ZERO TWO TWO EIGHT D LOCATION FOUR NINE FOUR ONE SIX LIME CREEK ROAD, LEANDER, TEXAS. WE HAVE STAFF HERE AND I BELIEVE WE HAVE SOME PEOPLE ON BOARD TO, UM, ASK QUESTIONS TO WOULD Y'ALL LIKE TO PROCEED STAFF. YEAH. COULD YOU STATE YOUR NAME? THIS IS DAVID SMITH REPRESENTING THE APPLICANT AND MR. GARNER FROM THE DEVELOPMENT SERVICES DEPARTMENT, HE WILL LAY OUT THE ITEM FIRST, JONATHAN, THANK YOU, MR. HARRINGTON. GOOD EVENING COMMISSIONERS. MY NAME IS JONATHAN GOLD COORDINATOR WITH THE DEVELOPMENT SERVICES DEPARTMENT. I'M HERE TO PRESENT THE VARIANCE REQUEST FOR THE PROPOSED DEVELOPMENT OF THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, RAW WATER PUMP STATION. THE PROPERTY IS LOCATED IN A WORST PLACE, RURAL WATERSHEDS CLASSIFICATION. THE SCIENCE IS AT 1.65 ACRE LOT THAT IS CURRENTLY UNDEVELOPED AND LOCATED BETWEEN AN EXISTING WATER PUMP STATION IN THE CITY OF CEDAR PARK AND TRAVIS COUNTY PARKLAND. THE HIM IS REQUESTING SEVERAL VARIANCES TO LAND DEVELOPMENT CODE FOR THE PROPOSED DEVELOPMENT AS LISTED ON THE AGENDA AND DETAILED IN THE BACKUP MATERIALS PROVIDED BRUSHY CREEK. REGIONAL UTILITY AUTHORITY IS A NONPROFIT LOCAL CORPORATION AND A PARTNERSHIP TO DO THOSE TO YOUR PARK, LEANDER AND ROUND ROCK THAT TREATS AND DISTRIBUTES WATER FROM THE LOWER COLORADO RIVER AUTHORITY, OTHERWISE KNOWN AS LCRA TO RESIDENTS AND BUSINESSES OF THE PARTNER. CITIES LCRA WAS THE ORIGINAL OWNER OF THE PROPERTY AND THEY'RE PLANNING THE EXPANSION OF THE SERVICES. THE SUBJECT PROPERTY WAS THE LARGEST AND LEAST SLOPED PROPERTY THAT LCRA WOULD CONVEY TO THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY DUE TO THE UNIQUE ENGINEERING AND OTHER FEATURES ASSOCIATED WITH TREATMENT OF WRONG WATER. THAT FACILITY MUST BE LOCATED WITHIN CERTAIN PROXIMITY TO LAKE TRAVIS. THERE'S NOT ANOTHER AVAILABLE PROPERTY ALONG LAKE TRAVIS AND THIS AFFINITY, THE LARGER AREA OR POTTERY TOPOGRAPHY THAT WOULD ALLOW THE PROPOSED WATER RAW WATER PUMP STATION TO BE RELOCATED. CONVERSELY, RELOCATING THE WATER PUMP STATION SIGNIFICANTLY AWAY FROM LAKE TRAVIS TO PROVIDE FOR A LARGER SITE AREA AND FLATTERED TOPOGRAPHY WOULD REQUIRE MORE EXTENSIVE ENGINEERING, A LARGER CARBON FOOTPRINT FOR OPERATIONS AND TUNNELING THAT HAS POTENTIAL TO CAUSE GREATER OVERALL LEARNING ON DISTURBANCE, BOTH DURING CONSTRUCTION AND LONG-TERM OPERATIONS. AND MAYBE BEFORE STAFF HAS DETERMINED THAT THE FINDINGS OF FACT FOR ALL FIVE BARRON'S REQUESTS HAVE BEEN MET AND STAFF RECOMMENDS THIS VARIANCE WITH THE FOLLOWING CONDITIONS, WHICH ARE ALSO THIS DEPENDENT BACKUP [00:05:01] FIRST TO RESTORE THAT ANY DISTURBED AREAS WITHIN THE 40% NATURAL AREA BUFFER TO SUBJECT TO THE ECM, APPENDIX A CRITERIA, THE APPLICANT IS ALREADY WORKING TOWARDS THIS REQUIREMENT AND HAS SUBMITTED THOSE LANDSCAPE PLANS, UH, AS SUPPLEMENTAL MATERIALS FOR YOUR REVIEW. AND I CAN DESCRIBE ME, UH, PIECES OF THAT. UH, IF THERE ARE QUESTIONS SPECIFIC TO THAT, UH, SECOND CONDITION IS TO PROVIDE ROBUST, TEMPORARY AND PERMANENT EROSION AND SEDIMENTATION CONTROLS DOWNGRADING OF THE PROPOSED DEVELOPMENT, WHICH WOULD BE BEYOND THEN STANDARD IN THE LAND DEVELOPMENT CODE. AND THIRDLY, TO PROVIDE DENSE VEGETATION SCREENING IN COMPLIANCE WITH ECM 2.9 0.0 OR ALL THE PERVIOUS AREAS BETWEEN THE BUILDING AND MECHANICAL EQUIPMENT IN RIGHT AWAY AS NOTED ON THE ILLUSTRATIVE RENDERING ALSO FORWARDED TO COMMISSIONERS AND SUPPLEMENTAL TO THIS CONCLUDES MY QUESTIONS PERTAIN TO THIS PROJECT FOR THE DANCE REQUEST. THANK YOU, MADAM CHAIR. THIS IS CHRIS HARRINGTON ENVIRONMENT OFFICER. WE DO HAVE DAVID SMITH REPRESENTING THE APPLICANT WHO WISHES TO MAKE A PRESENTATION. DAVID, IF YOU WOULD UNMUTE YOURSELF AND JUST GIVE US A SECOND TO GET YOUR, UM, THE BACKUP MATERIAL UP AND THEN WE'LL LET YOU KNOW, SHOULD IT BE SOMETHING DAVID, WE CAN SEE WHAT YOU PROVIDED IN BACKUP. IF YOU NEED THIS TO ADVANCE IT, JUST LET US KNOW AND YOU HAVE THREE MINUTES AND YOU MAY BEGIN. THANK YOU. UH, IN ADDITION TO THE, UH, THE COMMENTS THAT MR. GARNER JUST MADE, UH, BC ARE, ARE YOU A, HAS, UH, WORKED WITH OTHER GOVERNMENTAL ENTITIES AND THE COMMUNITY FOR OVER A DECADE TO SELECT THIS SITE AND PURCHASE IT FROM LCRA BESIDE IS IN A LOCATION THAT MAKES SENSE FOR THE COMMUNITY. IT'S NOT LOCATED NEXT TO DEVELOPMENT AND IS, UH, MOST CRITICALLY LOCATED NEXT TO CEDAR PARK'S EXISTING WATER TREATMENT FACILITY, WHICH IS PART OF OUR PROJECT TO, UH, TO INTERCONNECT THESE TWO, WE'VE WORKED COLLABORATIVELY WITH CITY STAFF THAT THEY SHOULD HAVE THE VARIANCES. AND WE REALLY APPRECIATE THIS, UH, SOME OTHER, UH, ENHANCEMENTS THAT WE ARE MAKING, UH, TO BE A GOOD STEWARD AND TO OBTAIN THE VARIANCES. IF, IF THAT'S THE DECISION OF THE COMMISSION, AS, AS PART OF OUR 40% RESTORATION PLAN, WE ARE PLANTING 49, LARGE TREES AND 216 SMALL TREES BETWEEN THE BUILDING AND THE WEST PROPERTY LINE. AND THAT'S THE SIDE OF THE BUILDING THAT FACES LAKE TRAVIS. WE'RE ALSO PLANNING 30 SMALL TREES BETWEEN THE BUILDING AND LIME CREEK ROAD. AS MR. GARNER MENTIONED, UH, THE SCREEN, THE BUILDING WE'RE PLANNING NATIVE BUNCHGRASSES TO ENHANCE EROSION CONTROL IN AREAS THAT ARE PRESERVED FROM DISTURBANCE, BUT JUST TO, UM, ENHANCE WHAT'S ALREADY THERE, WE ARE EXCEEDING WHAT IS REQUIRED BY THE ENVIRONMENTAL CRITERIA MANUAL BY PROVIDING BIOFILTRATION MEDIA AND OUR FILTRATION POND. WE ARE ALSO TREATING THE RUNOFF FROM THE EXISTING PAVEMENT OF LINE CREEK ROAD IN THIS WATER QUALITY POND. IN ADDITION TO THE WATER QUALITY POND, WE ARE RAINWATER HARVESTING, ALMOST HALF AN ACRE OF THE ROOF OF THE PUMP STATION. AND THAT WATER WOULD BE PUMPED TO THE BC. YOU ARE A TREATMENT PLANT AND WILL NEVER, UH, IT WILL BE CONVERTED TO DRINKING WATER. THIS RAINWATER HARVESTING IN THIS MANNER EXCEEDS WHAT IS REQUIRED BY THE ECM AND TO CONVERT IT TO JUST THE HIGHEST LEVEL OF WATER QUILT. IF YOU DEDUCT THE ALMOST HALF ACRE ROOF OF THE PUMP STATION FROM THE IMPERVIOUS COVER PROPOSED THE EFFECTIVE OF IMPERVIOUS COVER IS REDUCED TO 17, 17% ON A GROSS SIDE AREA BASIS. AND 34% ON A NET SIDE AREA BASIS. WE ARE TUNNELING ABOUT TWO AND FROM THIS PUMP STATION, BUT IT WAS SEVERAL HUNDRED FEET BELOW THE SHORELINE OF LAKE TRAVIS. SO THERE WILL BE NO DISTURBANCE TO LAKE TRAVIS. THE PROJECT WHEN COMPLETED WILL ALLOW THE REMOVAL OF AS MANY AS THREE EXISTING FLOATING RAW WATER INTAKE [00:10:01] STRUCTURES ON BARGES OPERATED BY BC, R U A AND THE CITIES OF CEDAR PARK LEANDER. AND, UM, THESE BARGES ARE CURRENTLY FLOATING IN LAKE TRAVIS. THEY HAVE ELECTRICAL LINES AND WATER LINES THAT EXTEND OUT INTO THE LAKE REMOVAL OF THESE BARGES AND THE CONSOLIDATION OF THREE ANT INTAKE STRUCTURES INTO ONE AND TECH STRUCTURE WILL BE AN IMPROVEMENT OVER EXISTING CONDITIONS. WE APPRECIATE YOUR SUPPORT TO ALLOW US TO MOVE FORWARD AFTER 10 YEARS OF PLANNING AND PROVIDE THE WATER NEEDED IN OUR COMMUNITY. AND, UH, I LOOK FORWARD TO ANY QUESTIONS YOU MAY HAVE. THANK YOU QUESTIONS FROM OUR COMMISSIONERS. I DON'T SEE ANYONE HAVING A QUESTION FOR YOU. THANK YOU. ANY QUESTIONS FOR STAFF? NONE. ALRIGHT. TO ANY, DO WE HAVE A MOTION? I HAVE A MOTION FOR TWO A OKAY. UH, WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT IS REQUESTING FIVE VARIANCES IN CODE, INCLUDING REQUEST, UH, TO VARY FROM LDC 25 DASH EIGHT DASH THREE OH ONE TO CONSTRUCT PRIVATE DRIVEWAYS CROSSING SLIPS IN EXCESS OF 15% GRADIENT REQUESTS, A VERY FAMILIAR DC 25 DASH EIGHT DASH THREE OH TWO A TO CONSTRUCT A SURFACE PARKING LOT AND FLIPS AND ET CETERA. IN EXCESS OF 15% GRADIENT REQUESTED VARY FROM LDC 25, EIGHT DASH THREE THREE OH TWO B TO CONSTRUCT A BUILDING ON SLIPS AND EXCESS OF 25% GRADIENT AND EXCEED IMPERVIOUS COVER ALLOWANCES ON SLOPES WITH A GRADIENT OF MORE THAN 15% REQUESTS. A FERRY VARY FROM LDC 25 DASH EIGHT DASH THREE FOUR TWO TO ALLOW FILL AND EXCESS OF FOUR FEET IN THE DRINKING WATER PROTECTION ZONE AND FIVE REQUEST TO VARY FROM LDC 25 DASH EIGHT DASH FOUR FIVE THREE. THE ONE TO ALLOW IMPERVIOUS COVER IN EXCESS OF 20% NET SITE AREA. WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE SITE IS LOCATED AT NINE FOUR ONE SIX LIME CREEK ROAD, LEANDER, TEXAS IN THE CITY OF AUSTIN, EXTRA TERRITORIAL JURISDICTION. AND WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT STAFF RECOMMENDS THIS VARIANCE WITH CONDITIONS. HAVING DETERMINED THERE, THE REQUIRED FINDINGS EFFECT HAVE BEEN MET. THEREFORE THE ENVIRONMENTAL COMMISSION RECOMMENDS THE VARIANCE REQUESTS WITH THE FOLLOWING STAFF CONDITIONS, RESTORATION OF DISTURBED AREAS WITHIN THE 40% NATURAL AREA OF BUFFER. SO SHALL BE SUBJECT TO ECM, APPENDIX A CRITERIA TO PROVIDE ROBUST, TEMPORARY AND PERMANENT EROSION AND SEDIMENTATION CONTROLS DOWNGRADING OF THE PROPOSED DEVELOPMENT BEYOND THE MINIMUM STANDARD, PROVIDE DENSE SCREENING VEGETATION IN COMPLIANCE WITH ECM 2.9 0.0 FOR ALL PREVIOUS AREAS BETWEEN THE BUILDING AND MECHANICAL EQUIPMENT AND THE RIGHT OF WAY COMMISSIONER COIN. UH, CAN WE BACK UP JUST A MINUTE? WOULD YOU CLOSE THE PUBLIC HEARING? I'D LIKE TO MAKE A MOTION TO CLOSE THE PUBLIC HEARING. AND MAY I HAVE A SECOND ON THAT SECOND, SECOND FROM TOM? OKAY. SO NOW MOVING FORWARD TO YOUR MOTION ON THE FLOOR AND WE HAVE A SECOND FOR THE MOST CORN JUST BREAD. I WAS COMMISSIONER GORDON. I'LL SECOND IT, THANK YOU, COMMISSIONER GORDON SECONDS. OKAY. ANY FURTHER DISCUSSION OR WE MOVE TO A ROLL CALL VOTE. ALRIGHT. LET'S BEGIN. SMITHS COMMISSIONER SMITH. YES. COMMISSIONER THOMPSON THOMPSON. YES. COMMISSIONER NEELEY. YES. COMMISSIONER COIN. YES MISSIONER MACIO COMMISSIONER RAMBERT IS COMMISSIONER GUERRERA YES. COMMISSIONER BOARD. YES. COMMISSIONER BEDFORD. YES. MOTION CARRIES EIGHT. OH, PLEASE MUTE. SO WE DON'T HAVE TO GO. THANK YOU. THANK YOU SO MUCH, SIR, FOR COMING OUT TODAY. DOUBLE MADAM CHAIR AND COMMISSIONERS. WE'LL JUST CONFIRM THAT THAT WAS ONE VOTE FOR BOTH MOTIONS. THAT'S ACCEPTABLE. OKAY. THANK YOU, [00:15:02] COMMISSIONERS. UH, LET'S MOVE ON. WE ARE [2b. Name: 1514 W Koenig Lane Office Building, SP-2019-0027CT ] NOW AT, UH, TWO B 15, 14 LESS CONEY COMMINGLING OFFICE BUILDING S P DASH 22 SEVEN, CT, 1504. SO SAME DISTRICT SEVEN WEST COMING LATE. SO WE HAVE STAFF HERE TO PRESENT. THEY'LL GO FIRST. AND I BELIEVE SOMEONE THAT IS AN APPLICANT WAITING IN ONLINE TO SPEAK TO US IN ADDITION, GOOD EVENING, MADAM CHAIR AND COMMISSIONERS. THIS IS MY ENVIRONMENTAL POLICY PROGRAM MANAGER WITH THE DEVELOPMENT SERVICES DEPARTMENT. THE NAME OF THE PROJECT IS 1514 WEST CANTY LANE OFFICE BUILDING. AND THE ADDRESS IS 1514 WEST KANICK LANE. THE CASE NUMBER IS 2018 ZERO TWO SEVEN CT. UH, THE PROJECT IS LOCATED ON CANDY LANE BETWEEN BURNET ROAD AND LAMAR BOULEVARD. THE PROPERTY IS IN THE SHOAL CREEK WATERSHED, WHICH IS CLASSIFIED AS AN URBAN WATERSHED PROPERTY IS NOT LOCATED WITH THE EDWARDS AQUIFER RECHARGE ZONE. AND IT IS SUBJECT TO CURRENT CODE. THE ENTIRE PROPERTY IS LOCATED WITHIN THE CRITICAL WATER QUALITY ZONE AND WITHIN THE FULLY DEVELOPED HUNDRED YEAR FLOOD PLAIN CURRENTLY THE APPROXIMATELY 0.166 ACRE PROPERTY CONSISTS OF A SINGLE FAMILY HOME BUILT IN 1952 AND THERE WAS NO WATER QUALITY TREATMENT. THE APPLICANT PROPOSES TO DEMOLISH THE EXISTING DEVELOPMENT IN THE CONSTRUCT AND OPPOSITE LEVEL OF ASSOCIATED IMPROVEMENTS. THE ADMIN HAS WORKED TO STAY WITHIN THE 70% ZONING IMPERVIOUS COVER LIMIT BY REDUCING PARKING AND THE CURRENT LEVEL OF IMPERVIOUS COVERS APPROXIMATELY 30%, 36%. WHAT WAS THE PERFECT COVER WOULD BE 70% FOR COMPARISON JASON PROPERTIES ON CANDY LANE. HAVING PREVIOUS COVER RANGING FROM 19% TO 91% EXISTING SINGLE-FAMILY DEVELOPMENT REPRESENTS AN UNSUITABLE USE ALONG THIS PORTION OF CANUCK LANE AND THE PROPOSED OFFICE BUILDING PROJECT IS GENERALLY CONSISTENT WITH OTHER DEVELOPMENT ON CANNING PLANS. SPECIFICALLY, MANY OTHER PROPERTIES FRONTING THIS SEGMENT OPINION LANE HAD BEEN CONVERTED TO COMMERCIAL USE SINCE THE ENTIRE PROPERTY IS LOCATED WITHIN THE CRITICAL WATER QUALITY ZONE. THERE IS NO OPPORTUNITY TO REDESIGN THE PROJECT TO AVOID CONSTRUCTION WITHIN THE CRITICAL WATER QUALITY IS OUT. SO ANY DEVELOPMENT THAT WOULD FACILITATE I USE OTHER THAN SUMO FAMILY WOULD REQUIRE CONSTRUCTION AND THE CRITICAL WATER QUALITY DESIGN. THEREFORE THE PROPERTY CAN NOT BE REASONABLY DEVELOPED WITHOUT CONSTRUCTION CRITICAL WATER REUSE ON THE AFRICAN IS SEEKING A LAND USE COMMISSION VARIANCE TO LAND DEVELOPMENT CODE 25 EIGHT TWO 61. WE ALLOW CONSTRUCTION IN THE CRITICAL WATER QUALITY ZONE. HOWEVER, STAFF HAS DETERMINED THAT THE FINDINGS OF FACT HAVE NOT BEEN MET FOR THREE REASONS. FIRST, SINCE THE IMPERVIOUS COVERS INCREASING FROM APPROXIMATELY 36% TO 70%. AND SINCE THE POLLUTANT LOAD WILL INCREASE WITH A PROPOSED FOR THIS PROJECT REPRESENTS A DESIGN DECISION. IT DOES NOT PROVIDE GREATER OVERALL VITAL, GREATER OVERALL ENVIRONMENTAL PROTECTION. THEN AS ACHIEVABLE WITHOUT THE VARIANCE. SECOND, THE PROJECT CREATES A SIGNIFICANT PROBABILITY OF HARMFUL ENVIRONMENTAL CONSEQUENCES DUE TO THE ADDITIONAL IMPERVIOUS COVER. AND THIRD DEVELOPMENT WITH THE VARIANCE WILL NOT RESULT IN WATER. QUALITY IS AT LEAST EQUAL TO THE WATER QUALITY ACHIEVEMENT WITHOUT THE VARIANCE. THEREFORE IT STAFF DOES NOT RECOMMEND APPROVAL OF THE VARIANCE BASED ON THE FINDINGS OF FACT. HOWEVER, PLEASE NOTE THAT IF THE VARIANCE WILL BE APPROVED, STAFF WOULD RECOMMEND A CONDITION REQUIRING THE APPLICANT, PROVIDE ONSITE WATER QUALITY TREATMENT TO REDUCE THE POLLUTANT LOAD FOR THE PROPOSED PROJECT LEVEL EXISTING CONDITIONS. AND THIS CONCLUDES MY PRESENTATION AND I'M AVAILABLE TO ANSWER QUESTIONS. THANK YOU, MADAM CHAIR, YOU'RE MUTED. WE DO HAVE THE APPLICANT WHO IS WISHING TO SPEAK AND MAKE A PRESENTATION IF YOU'D LIKE TO PROCEED. THANK YOU, KATIE. IF YOU'D LIKE TO KATIE KIM, IF YOU WOULD LIKE TO UNMUTE, LET US GET YOUR PRESENTATION UP AND WE'LL LET YOU KNOW, AND THAT IT IS READY AND YOU KNEW I HAVE THREE MINUTES TO SPEAK. SO I'M, I'M KATIE CAYMAN WITH WHEELS AND WATER AND THE SITE PLAN, CIVIL ENGINEER. SO KATIE, WE HAVE YOUR PRESENTATION UP. IF YOU'D LIKE US TO ADVANCE SLIDES, JUST LET US KNOW WE'RE ON THE FIRST SLIDE THAT SHOWS THE DEVELOPMENT EXISTING AND PROPOSED, AND THEN YOU WILL HAVE THREE MINUTES. OKAY. THANK YOU. UH, SO I'VE STOPPED TODAY. GOOD JOB AS GIVING THE BENEFITS OF THIS PROJECT. WE'RE GOING TO, UM, BUILDING AN OFFICE BUILDING THAT WILL BE COMPLETELY ELEVATED EVEN THE PARKING DECK. SO IT'LL BE ABOVE THE FLOOD PLAIN ELEVATION, AND, UH, WE ARE PROPOSING, UH, DETENTION AND WATER QUALITY CONTROLS. UH, ONE, EXPLAIN A LITTLE BIT MORE OF THE BACKGROUND ON HOW WE GOT TO THIS PLACE WHERE WE ARE. UH, SO IT'S IN THE HANCOCK BRANCH OF SHELL CREEK. AND IF YOU'RE FAMILIAR WITH THIS AREA AT THIS PARTICULAR BRANCH OF THE CREEK IS LOCATED BETWEEN, UH, THE, UH, ROYAL SEIKO, WHICH IS A DIVIDED ROADWAY. SO THERE'S PAVEMENT [00:20:01] ON BOTH SIDES OF THE BRANCH, THE CREEK BRANCH. UM, IT EFFECTIVELY DOES NOT HAVE A CRITICAL WATER QUALITY ZONE. UH, THOSE ZONES ARE SUPPOSED TO BE UNDEVELOPED, UH, VEGETATIVE BUFFERS TO ACT AS A, AS A BUFFER FOR WATER QUALITY, UM, THAT DOES NOT EXIST ALONG THE BOOKS. AND I'M, I'M ON THE SECOND SLIDE. UH, SO, UH, AS YOU CAN SEE THE, UH, RUNOFF FROM THE ROADWAY, IT GOES DIRECTLY INTO THE CREEK AND, UM, IT DOESN'T HAVE MUCH FOR A NATURAL CONDITION, MOSTLY WEEDS, AND THEY'RE USUALLY MOWED DOWN. I WANT TO POINT OUT THAT IN THE LAND DEVELOPMENT CODE, IT SAYS THAT A CRITICAL WATER QUALITY ZONE DOES NOT APPLY TO PREVIOUSLY MODIFIED DRAINAGE FEATURES SERVING A RAILROAD OR PUBLIC RIGHT AWAY. SO THAT WOULD APPLY HERE AND THAT DOES NOT POSSESS ANY NATURAL TRADITIONAL CHARACTER AND CANNOT REASONABLY BE RESTORATIVE NATURAL CONDITION. WE WOULD WANT A NATURAL CONDITION. WE'D HAVE TO RIP UP THE ROADWAY AND DO SOME ECOLOGICAL RESTORATION BECAUSE THE NEXT SITE. SO I WENT INTO A, I DID AN OPEN RECORDS REQUEST TO KIND OF SEE HOW THIS PARTICULAR ASPECT OF THE CODE IS, UH, IMPLEMENTED AND INTERPRETED BY STAFF. UNFORTUNATELY, THE OPEN RECORDS REQUEST THERE WAS, UH, I WAS NOT PROVIDING HIM INFORMATION BECAUSE THAT INFORMATION IS NOT TRACKED BY STAFF. SO THERE'S REALLY NO WAY OF KNOWING IF THERE'S CONSISTENCY IN THE INTERPRETATION OF THAT CODE. YOU CAN SEE ANOTHER PHOTO THERE OF WHAT THIS, UM, CREEK LOOKS LIKE. YOU SEE THE ROADWAY AGAIN ON BOTH SIDES. UM, SO THIS CREEK IS A MODIFIED DRAINAGE FEATURE THAT SERVES THE ROADWAY. NEXT SLIDE. UM, SO SOME OTHER CONSIDERATIONS THAT WENT INTO, UH, WHEN WE WENT TO THE DESIGN OF THIS IS THAT THE PROPOSED DEVELOPMENT IS, UH, LESS THAN 8,000 SQUARE FEET. AND PER THE CODE WATER QUALITY CONTROLS ARE NOT REQUIRED. UM, IF YOU HAVE LESS THAN 8,000 SQUARE FEET, UM, I ALSO WANT TO POINT OUT THAT IN LAND DEVELOPMENT CODE 25 EIGHT, TWO 61 H IT'S THE WATER QUALITY CONTROLS ARE NOT, UH, PERMITTED WITHIN THE 100 YEAR FLOOD PLAIN. AND THIS ENTIRE SITE IS WITHIN THE 100 YEAR FLOOD PLAIN. SO WHERE ARE WE AT WITH THIS CASE IS WE HAD, UM, CODE SUPPORTING ABOUT THE CRITICAL WATER QUALITY ZONE SHOULD NOT BE APPLIED TO THIS PROPERTY. AND THAT WATER QUALITY CONTROLS SHOULD NOT BE REQUIRED FOR THE SITE BECAUSE IT'S LESS THAN 8,000 SQUARE FEET. AND BECAUSE THE CODE DOES NOT ALLOW WATER QUALITY CONTROLS IN THE FLOOD PLAIN, UM, WE HAD, WE WORKED WITH STAFF BECAUSE STAFF WANTED WITH THE VARIANCE, UH, FINDING, FINDING WITH THAT GROUP IS THAT THE TIMER GO AHEAD AND FINISH UP YOUR THOUGHT. OKAY. UH, SO THIS SLIDE, IT SHOWS THAT, UM, IN ORDER TO COMPLY WITH STAFF'S REQUESTS, THAT WE PROVIDE WATER QUALITY CONTROLS, WE'RE COMPLYING WITH ENVIRONMENTAL CRITERIA MANUAL. UH, IT SAYS THAT, UH, WE DO MEET VARIANCE FINDINGS OF FACT, BECAUSE, UH, WE ARE CAPTURING AND TREATING THE WATER QUALITY VOLUME THAT IS REQUIRED TO RETURN THE SITE TO EXISTING CONDITIONS. AND THAT'S WHAT THIS TABLE EXPLAINS HERE. SO THE EXISTING DEVELOPMENT IS NOT TREATED ON. UM, SO THAT'S 260 CUBIC FEET, THE PROPOSED BUILDING, UH, WE PROPOSE A RAINWATER CISTERN, UM, WITH IRRIGATION AND THAT WATER QUALITY VOLUME WOULD BE TREATED. AND IF YOU ADD UP THE UNTREATED WATER QUALITY VOLUME, UM, THAT WE WOULD NOT BE CAPTURING AND YOU SUBTRACT IT FROM WHAT WOULD, IS NOT TREATED FROM THE EXISTING DEVELOPMENT, WE ARE ACTUALLY, UH, TREATING THE WATER QUALITY VOLUME. WE SHOULD BE TREATING IN ORDER TO RETURN THIS SITE THROUGH EXISTING CONDITIONS. SO THAT'S HER, THE ECM STAFF IS MAKING THIS DETERMINATION THAT WOULD DO NOT MAKE THAT BECAUSE OF A TOOL THAT DOES NOT APPLY FOR THIS AREA OF AUSTIN. THANK YOU. OKAY. UM, APPRECIATE THAT. UH, DO WE HAVE QUESTIONS? UM, UM, THERE'S A COMMISSIONER GORDON. I HAVE ONE QUESTION ACTUALLY. WELL, I'LL SAY THE TWO, TWO QUESTIONS PROBABLY OF STAFF HERE SOMEWHAT RELATED ONE IS, DO YOU WANT TO MAKE A POINT OF CLARIFICATION? SO THIS IS OPPORTUNITY FOR STAFF TO CORRECT ME IF I'M WRONG, BUT THE, AS WE HEARD FROM THE APPLICANT, THE CREEK IS NOT THERE AT THAT PARTICULAR LOCATION TO SERVE AS A DRAINAGE FEATURE FOR THE ROADWAY. THE CREEK ACTUALLY EXISTS. IS THAT NOT CORRECT? THIS IS MIKE DIBBLE, ENVIRONMENTAL POLICY PROGRAM MANAGER. UH, I'M SORRY, MY AUDIO CUT OUT JUST FOR A SECOND. CAN YOU REPEAT THE QUESTION? YEAH. SO THE APPLICANT MADE THE CLAIM THAT THE CREEK RIGHT THERE IN THAT PHOTOGRAPH, SHE SHOWED, UM, EXISTS FOR THE PURPOSE OF DRAINING THE ROAD. AND I WANTED TO, I GUESS, GET ON THE RECORD. I DON'T BELIEVE THAT THAT'S CORRECT. MIKE DUEL, ENVIRONMENTAL POLICY PROGRAM MANAGER, AGAIN, UH, YES. UH, COMMISSIONER [00:25:01] GORDON. YOU ARE CORRECT THE CREEK BASED ON MY DISCUSSIONS WITH BROWN RESOURCE MANAGEMENT AND WITHIN REMO OFFICER, THE STREET WAS THERE BEFORE THE ROADWAY. AND SO, UH, THE WAY THE CODE IS WRITTEN AND THE WAY THE CODE IS INTERPRETED, A CREEK STILL REMAINS A CREEK AND STILL HAS A CRITICAL WATER QUALITY ZONE. EVEN IF A ROAD IS BUILT ADJACENT TO IT, THAT DOESN'T RESEND THE CREEK. OTHERWISE WE'D HAVE RAPIDLY DISAPPEARING CREEKS, ANYTIME THERE'S A ROAD NEXT TO THEM AND RAPIDLY. YEAH. YEAH. OKAY. THANK YOU. BECAUSE I WANTED TO MAKE THAT, THAT POINT, GET THAT CLARIFIED. AND THEN MY ONE ADDITIONAL QUESTION. SO THIS ISSUE ABOUT THE CODE AND, AND THE FACT THAT THIS PROPERTY IS WITHIN THE A HUNDRED YEAR FLOOD, PLAIN, WHAT DOES THAT, OR DOESN'T THAT DO TO ANY KIND OF WATER QUALITY TREATMENT REQUIREMENT? YOU TOO COMMISSIONER CORNELL, CHRIS HARRINGTON, ENVIRONMENTAL OFFICERS. SO I'LL SPEAK TO THAT. SO THE VARIANCE REQUEST IS TO MODIFY 25 DASH EIGHT DASH TWO 61 TO ALLOW DEVELOPMENT IN THE CRITICAL WATER QUALITY ZONE. SO WE'RE ALREADY MODIFYING VIA THIS VARIANCE REQUEST, THE ABILITY TO LOCATE DEVELOPMENT. SO MS. KAM IS CORRECT THAT, UH, TO COMPLY WITH CODE WATER, QUALITY CONTROLS WOULD NOT BE ALLOWED IN THE FLOOD PLAIN. HOWEVER, THIS IS A VARIANCE REQUEST TO ALLOW THE DEVELOPMENT. SO FROM STAFF'S PERSPECTIVE, FUNDAMENTALLY THIS IS AN INCREASE IN IMPERVIOUS COVER OVER WHAT IS THERE ON THE GROUND TODAY. THE IMPERVIOUS COVER THAT IS ON THE GROUND TODAY IS NOT TREATED AS MR. MCDOUGALL INDICATED AS THE APPLICANT INDICATED THEY ARE PROPOSING TO ADD ADDITIONAL WATER QUALITY TREATMENT, BUT THE DIFFICULTY FOR STAFF IN REACHING IN DETERMINING THAT THE REQUIRED FINDINGS HAVE BEEN SATISFIED IS WHEN WE LOOK AT IT ON A POLLUTANT LOADING BASIS, ALTHOUGH THE RELATIVE TO THE CURRENT CONDITION, MORE POLLUTION WILL BE COMING OFF THE SITE BASED ON OUR MODELING, UM, THAN DOES CURRENTLY. SO WE DON'T SEE THAT THE, WE RECOGNIZE THAT THE CREEK DOES IS IMPAIRED ALREADY BY THE DEVELOPMENT ADJACENT TO IT. WE RECOGNIZE THAT THIS IS SEVERAL HOUSES AWAY FROM THE CREEK ITSELF ON A CORRIDOR, BUT THE CODE SAYS, IS THIS A DESIGN DECISION MADE BY THEM? UH, OR, SORRY, WE CANNOT SUPPORT THE VARIANCE IF THIS IS A DESIGN DECISION MADE BY THE APPLICANT, UNLESS IT PROVIDES THAT GREATER OVERALL ENVIRONMENTAL PROTECTION, WE DO NOT SEE THAT IT DOES SINCE THEY ARE CHOOSING TO INCREASE IMPERVIOUS COVER, BUT THEN NOT TREATING ALL OF THAT IMPERVIOUS COVER SUCH THAT THEN THERE IS A REDUCTION IN THE POLLUTANT LOADING. IS THAT IT JORDAN? YES. THANK YOU, CHRIS. ANYONE ELSE HAVE A QUESTION FOR STAFF? I DO REMEMBER. OH, OKAY. START GOING, GO FOR IT. GREAT. SO FAR, THIS MEANS KEEP GOING. UM, I WAS JUST WONDERING, UH, I, I JUST WAS HOPING TO HEAR FROM STAFF. UM, YOU KNOW, I W I ALWAYS LIKE TO HEAR ABOUT HOW Y'ALL HAVE TRIED TO WORK WITH APPLICANTS, UM, YOU KNOW, THROUGH PROCESS. AND SO CAN YOU EXPAND A LITTLE BIT MORE ON, ON HOW Y'ALL HAVE BEEN, TRYING TO WORK WITH THEM AND HAVE NOW ARRIVED? WHERE, WHERE WE'RE AT TONIGHT? MIKE? YOU'RE A LITTLE, UH, YOU'RE, YOU'RE VERY LOW VOLUME RIGHT NOW. OH, I APOLOGIZE. I'LL, I'LL BRING THE COMPUTER CLOSER. OKAY. THANK YOU. UM, YES, UH, THE ENVIRONMENTAL OFFICER, UH, AND I, ALONG WITH IN BROWN WILL RESOURCE MANAGEMENT WORK WITH THE APPLICANT TO, UH, TO TRY AND REACH A PROSPECTIVE WHERE WE COULD SUPPORT THE VARIANCE BASED ON THE FINDINGS OF FACT, AND TO US THAT REQUIRED PROVIDING, UH, WATER QUALITY TREATMENT SUCH THE POLLUTANT LOADS WOULD BE BELOW CURRENT LEVELS WITH THE PROPOSED PROJECT. UM, SO THE AFRICAN HAS WORKED TO PROVIDE WATER QUALITY AND HAS, HAS, HAS ATTEMPTED TO, TO COMPLY WITH OUR REQUIREMENTS. UH, I THINK FUNDAMENTALLY THOUGH THAT, UH, WE ARE NOT IN AGREEMENT WITH THE APPLICANT, THAT THE LOAD HAS BEEN REDUCED BELOW CURRENT LEVELS, AND I BELIEVE I DON'T WANT TO SPEAK TOO MUCH ON BEHALF OF THE APPLICANT, BUT I BELIEVE IT'S THE APPLICANT'S ASSERTION THAT, THAT HAS BEEN ACHIEVED, WHEREAS IT'S OUR OPINION. IT HAS NOT. SO WE HAVE WORKED TO TRY TO, UH, TO COME TO A CONSENSUS ON THIS AS BEST AS WE CAN, BUT WE, WE HONESTLY HAVEN'T QUITE GOTTEN THERE YET. THANK YOU. THANK YOU, MADAM CHAIR. UM, I JUST HAD ONE QUESTION FOR STAFF AND THAT IS, ARE THERE, ARE THERE EXAMPLES OF WHERE, YOU KNOW, A SIMILAR REDEVELOPMENT OF A RESIDENTIAL NOW ALONG A KIND OF URBAN CORRIDOR HAS WHERE THIS OCCURRENCE HAS WORKED, UM, AND, AND, YOU KNOW, UH, EITHER THE VARIANCE HAS BEEN GRANTED OR IT'S BEEN DONE WITHOUT, I GUESS, INNER CRITIC QUALITY QUALITY ZONE. UM, SO I GUESS IT WOULD REQUIRE A VARIANCE, BUT EXAMPLES OF WHERE THIS HAS WORKED, YOU KNOW, RECENTLY. [00:30:02] YES, SIR. THAT'S A GOOD QUESTION AGAIN, MIKE MACDOUGAL. UM, YES, THAT'S A GOOD QUESTION. UH, DIRECTLY NEXT DOOR ADJACENT TO THIS PROPERTY THAT HAS OCCURRED. UM, BUT THE PROPERTIES AREN'T ENTIRELY SIMILAR, THEY ARE SIMILAR AND THAT THEY WERE MOSTLY SINGLE FAMILY, UM, BUILDINGS TO BE CONVERTED TO COMMERCIAL USE. THEY ARE BOTH THE SAME WATERSHED, THE SAME WATERWAY, AND THEY'RE BOTH ENTIRELY CRITICAL WATER QUALITY ZONE. UH, THE DIFFERENCE THOUGH, IS THAT THE PROPERTY DIRECTLY NEXT DOOR, UM, THE APPLICANT AND THE BROWN ONE REVIEWER WERE ABLE TO WORK TOGETHER TO, UH, PROPOSE 55% IMPERVIOUS COVER. THE APPLICANT HAD A RE IT'S TO PROVIDE WATER QUALITY AND THE CONSTRUCTION, THE CREDIBLE WATER QUALITY SOUND. UH, MIKE, CAN YOU HEAR US? CAUSE WE, YOU SITED IN AND OUT. COULD YOU FINISH YOUR LAST SENTENCE AGAIN? I APOLOGIZE FOR THAT. UH, MADAM CHAIR, UM, UH, NEXT TIME I'LL CALL INTO MY PHONE, MY COMPUTER, APPARENTLY IT'S NOT WORKING AS WELL AS IT COULD. SO THE ADJACENT PROPERTY, THE VARIANCE, I BELIEVE WAS GRANTED TO ALLOW THE PARKING LOT AND DRIVEWAY TO BE CONSTRUCTED. UH, THE SINGLE FAMILY RESIDENCE WOULD REMAIN AND BE CONVERTED INTO A COMMERCIAL USE AND THE VARYING SOLAR CONSTRUCTION, THE CRITICAL WAS GRANTED AND SOME WATER QUALITY TREATMENT WAS ALSO PROVIDED AS PART OF THAT VARIANCE. THANK YOU. THANK YOU, MIKE. I, I REMEMBER THAT ONE NOW, NOW YOU'RE JOGGING. MY MEMORY WAS SEVERAL MONTHS BACK. THANKS, MIKE. JUST, JUST TO, UH, WE ITERATE, UH, SO WITH THE APPLICANT, I'LL TRY SEVERAL SUGGESTIONS AND RECONFIGURATION OF THE DESIGN THAT MIGHT, UH, GET PASSED TO THE GREEN LIGHT. AND IT JUST WASN'T ABLE TO WORK OUT AT THIS TIME. YES, MA'AM, THAT'S CORRECT. UH, I THINK, I THINK I WOULD CHARACTERIZE THIS AS CLOSE, BUT I'M NOT, NOT QUITE THERE YET. UM, I'D HAVE TO DEFER TO MR. HARRINGTON FOR THE SPECIFICS ON THE MEASUREMENTS AND THE POLLUTANT LOAD MEASUREMENTS. THAT'S MORE AN ENGINEERING MATTER. UH, BUT WE ARE CLOSE. JUST, I DON'T THINK WE'VE GOTTEN THERE COMMISSIONER ORDINANCE. I'M A FOLLOWUP TO THAT BECAUSE RIGHT. THEY, THEY, UH, IR ASSESSMENT AND ALL THAT, YOU KNOW, THERE'S THIS LANGUAGE ABOUT, YOU KNOW, SHOULD WE APPROVE IT? YOU KNOW, YOU WOULD WANT TO SEE THE REQUIREMENT THAT THEY MEET WATER. THEY PROVIDE WATER QUALITY TREATMENT. UH, LET'S SEE, HOLD ON FOR EXACTLY WHAT YOUR WORD IS, RIGHT. UH, WATER QUALITY TO INTERPRETERS POLLUTANT LOAD FOR PROPOSED PROJECT BELOW TESTING CONDITIONS. OKAY. SO I GUESS MY QUESTION IS LIKE, IS THIS A CATCH 22 OR NOT? I MEAN, IT SOUNDS LIKE, YOU KNOW, THE APPLICANTS NOT THERE AND THE AFRICANS STILL IN FACT PROTESTING THAT THEY EVEN NEED TO GO ABOVE AND BEYOND WHAT THEY'RE PROPOSING TO DO. UH, IT SOUNDS LIKE NEGOTIATIONS, YOU SAY YOU'VE GOTTEN, YOU KNOW, YOU'VE GOTTEN CLOSE. THAT IS, IS THERE THAT OPPORTUNITY TO REALLY ACHIEVE, YOU KNOW, PUT A FATE, YOU KNOW, THE REQUIREMENTS. SO THIS WOULD MEET OR EVEN ARE SOMEHOW PROPOSING LANGUAGE LIKE THAT IS SOMETHING OF A RED HERRING, YOU KNOW, LIKE IT, LIKE IT'S A TACIT APPROVAL OF THE PROJECT YET. WE'RE NOT REALLY AT THAT END POINT YET. COMMISSIONER GORDON, CHRIS HARRINGTON ENVIRONMENT OFFICER, I THINK THAT WE RECOGNIZE THE SITE SPECIFIC CHARACTERISTICS OF THIS PROPERTY AND ITS LOCATION ON A CORRIDOR AND THE CURRENT CONDITION OF THE CRITICAL WATER QUALITY ZONE. BUT WE DO TAKE A VERY LITTLE ORAL READ OF CODE. AND SO WE JUST WANTED TO PROVIDE YOU WITH THAT OPTION. SHOULD YOU CHOOSE TO RECOMMEND THE VARIANCE? UM, OUR SUGGESTION IS THAT THAT LANGUAGE BE INCLUDED SUCH THAT THEN WE WOULD CONTINUE WORKING WITH THE APPLICANT TO EXPLORE OTHER OPTIONS, POTENTIALLY POROUS PAVEMENT, OR INCORPORATION OF OTHER INFILTRATION BEST MANAGEMENT PRACTICES [00:35:01] THAT MIGHT BE ABLE TO GET TO THAT POLLUTANT LOAD THAT IS EQUAL TO WHAT IS COMING OFF THE SITE OR BETTER. UH, YOU KNOW, THE APPLICANT CERTAINLY FEELS CONSTRAINED BASED ON THE, THE PLANS FOR THE SITE AND ITS LOCATION AS WELL. AND SO SHE CAN CHIME IN IF SHE WOULD LIKE TO ADD ANYTHING TO THAT. I'M SORRY. WHERE ARE YOU CALLING ON ME? THIS IS KATIE. HELLO? WE CAN HEAR YOU OKAY. TO GO AHEAD. OKAY. OKAY. YEAH. I JUST WANT TO, UM, I THINK THOSE TWO THINGS I WANT TO SAY IS THAT DO MEET, UH, THE REQUIREMENT THAT WE PROVIDE WATER QUALITY THAT IS AT LEAST EQUAL TO THE WATER QUALITY ACHIEVABLE. IF YOU'RE GOING BY THE ENVIRONMENTAL CRITERIA MANUALS, UM, REQUIREMENT THAT A CERTAIN VOLUME OF WATER IS CAPTURED TO BE TREATED. WE DO MEET THAT. AND I THINK STAFF CAN AGREE WITH ME ON THAT. UM, THAT'S WHAT THE TABLE IS ON THE, THE LAST SLIDE I SHOWED YOU. UM, AND I BELIEVE STAFF HAS AN AGREEMENT WHERE THERE'S A DIFFERENCE BETWEEN, UM, STAFF AND I IS THAT, UM, THEY'RE NOT GOING BY THE ECM WATER QUALITY VOLUME TREATMENT AND CAPTURE TO DETERMINE WHETHER OR NOT WE MEET WATER QUALITY. UM, THEY'RE GOING BY A FLAT TOOL, WHICH IS A SPREADSHEET THAT WAS CREATED FOR THE BARTON SPRINGS ZONE PROJECTS. AND RIGHT NOW THERE'S A DIFFERENCE LIKE IF IT WAS CALIBRATED PROPERLY, IT WOULD JUST SHOW THAT IF YOU'RE MEETING THE ECM WATER QUALITY VOLUME CAPTURE REQUIREMENTS, THE SLOT TOOLS SHOULD ALSO SHOW THAT YOU'RE MEETING GLUTEN LOADS. SO AN ISSUE THAT I BROUGHT UP IS THAT THERE NEEDS TO BE KIND OF AN EVALUATION OF IS THE TOOL IN ALIGNMENT WITH ECM. AND IN FACT, THE FLAT TOOL MANUAL ACTUALLY SAYS THAT THAT TOOL WAS NOT INTENDED TO REPLACE OR CONTRADICT ANY PART OF THE ECM. SO THAT'S KIND OF ONE ISSUE. THE SECOND ISSUE IS WE DO HAVE SIGNIFICANT SITE CONSTRAINTS. WE HAVE EXPLORED QUITE A BIT OF OPPORTUNITIES TO TRY TO SQUEEZE IN A FEW MORE WATER QUALITY CONTROLS. AND I'M HAPPY TO GO OVER THAT A LITTLE BIT MORE IF THE COMMISSION WOULD LIKE ME TO COMMISSIONER GORDON, DO YOU WANT HER TO GO OVER IT, THOSE ITEMS? UH, WELL, I GUESS MAYBE I'D LIKE TO HEAR FROM ANYBODY ELSE FROM YOU AS FAR AS FELLOW COMMISSIONERS, YOU KNOW, MORE INFORMATION AND THERE'S ON THE NEXT SIDE. I HAD A BIPLANE I CAN, UH, CHRIS CAN PULL UP AND WE CAN GO OVER THAT. MADAM CHAIR. WOULD YOU LIKE US TO GO BACK TO THE PRESENTATION? YEAH, GO AHEAD AND PULL IT UP FOR US. MA'AM OKAY. THANK YOU, CHRIS. THE SECOND LAST SLIDE. I'M NOT SURE HOW WELL IT'LL IT'LL SHOW ON YOUR SCREEN. UM, AND, UH, IF THE SITE PLANS AND YOUR BACKUP MATERIAL MIGHT BE ABLE TO PULL IT UP THERE, UH, BUT JUST TO GIVE YOU AN OVERVIEW OF THE SITE, UM, WE'RE, UH, WE ACTUALLY GOT PARKING REDUCTIONS APPROVED TO, UH, MINIMIZE AS MUCH OF THE IMPERVIOUS COVER DUE TO PARKING. UM, AND THERE ARE TWO TREES. IF YOU LOOK AT THE SITE PLAN, THE TOP IS THE NORTH. SO, AND THE NORTH EAST CORNER OF THE PROPERTY ARE TWO TREES THAT WE ARE PRESERVING, AND WE DO NOT WANT TO, UM, DO ANYTHING IN THE CRITICAL ROOT ZONE OF THOSE TREES. UM, SO ONE IDEA THAT HAS BEEN, UM, STAFF HAD IS THAT WE'VE HAD A RAIN GARDEN THERE, BUT MY EXPERIENCE HAS BEEN, UM, UH, YOU KNOW, DIGGING INTO CRITICAL ROOT ZONE. TWO TO THREE FEET IS NOT, IS NOT PREFERRED, ESPECIALLY, UM, FOR TREES OUTSIDE. SO WE RULED OUT PUTTING ANY TYPE OF SURFACE WATER QUALITY TREATMENT IN THAT CORNER OF THE SITE. UM, THE REST OF THE SITES PRETTY MUCH BUILT OUT. WE HAVE THE ELEVATOR PARKING DECK, WE HAVE THE BUILDING, THERE'S A VERY THIN STRIP OF LAND WHERE THE WATER RUNNING OFF THE PARKING LOT. AND YOU'LL SEE IN THE SOUTHWEST CORNER, UM, IT RUNS OFF THE PARKING LOT AND THEN GOES TO THIS STRIP OF LAND THAT MISSES JUST EXIT EXIT THE SITE, UM, THAT AREA, WE CAN'T PUT ANY TYPE OF SURFACE WATER QUALITY BECAUSE WE HAVE ACCESS TO, UM, TRASH RECYCLING, FIRE HYDRANT. THERE'S ALL SORTS OF UTILITIES OVER THERE. UM, AND IT'S REALLY NOT MUCH OF AN AREA TO, TO FIT ANY SIZEABLE FACILITY THERE. UM, NOW THE OTHER THING THAT'S ALSO CRITICAL TO THIS IS WE WANTED THIS TO BE A LOW IMPACT DEVELOPMENT, MEANING WE DID NOT WANT TO DISPLACE FLOODWATER VOLUME THAT WOULD REQUIRE, UM, LOOKING AT HOW THAT WOULD CHANGE THE FLOOD PLAIN DELINEATION. SO WE ELEVATED EVERYTHING AND WE WERE VERY CAREFUL WITH HOW WE WERE GRADING IT AND WHAT VOLUME WOULD REMAIN IN THE FLOOD PLAIN ELEVATION, BECAUSE WE DID NOT WANT TO MESS WITH, WITH MESSING WITH THE FLOOD PLAIN. SO, UH, WATER QUALITY CONTROLS THAT REQUIRE ADDING GET MORE VOLUME, [00:40:01] UH, SUCH AS ANOTHER, UH, RAIN CISTERN OR SOMETHING THAT WOULD DISPLACE MORE FLOODS, WATER VOLUMES THAT WOULD KICK US OVER, UM, WHAT WE CAN DISPLACE. SO IT'S A VERY, VERY TIGHT SITE. UM, WE DID LOOK AT ALL SORTS OF OPTIONS TO ADD MORE. UH, BUT I THINK THE BIGGEST THING IS THAT I WANT TO HAMMER IN IS THAT WE DO MEET WATER QUALITY REQUIREMENTS. WE ARE CAPTURING READING THE WATER QUALITY VOLUME THAT RETURNS IT TO EXISTING CONDITIONS. AND THAT'S WHAT THAT TABLE SAYS. SO THE SITE CONSTRAINTS AND THAT WE'RE MEETING ECM REQUIREMENTS FOR WATER QUALITY CONTROL, THAT THAT'S WHERE WE'RE AT WITH THE SITE, RIGHT. COMMISSIONERS, UM, HAVING HEARD MS. KIM AND SEEN HER LAST SLIDE, WHERE WE AT MS. KIM, WHAT I'M UNDERSTANDING FROM YOU AT THIS TIME IS THAT, UH, YOU FEEL LIKE YOU'VE GONE AS FAR AS YOU CAN WITH STAFF AND Y'ALL HAVE, UH, Y'ALL JUST, CAN'T, CAN'T MEET THE GOAL. YEAH. IT'S A LITTLE FRUSTRATING BECAUSE I'M FOLLOWING THAT ECM CAPTURING AND TREATING THE WATER. WE'RE SUPPOSED TO MEET WATER QUALITY STANDARDS, ACCORDING TO THE AMENDMENTS AND CRITERIA MANUAL, AND, AND STAFF IS USING A TOOL THAT'S NOT REALLY, WASN'T REALLY DEVELOPED FOR THIS PARTICULAR CASE. AND I DON'T THINK, UM, THERE'S BEEN A PROPER EVALUATION WITH HOW THAT TOOL RELATES TO WHAT THE ENVIRONMENTAL CRITERIA MANUAL REQUIRES, WATER QUALITY, VOLUME WE'VE CAPTURED. UM, SO THERE'S THAT, UM, AND THEN, YEAH, IT WOULD BE DIFFICULT TO CONTINUE FINDING HOW WE APPRECIATE THAT. I HAVE A QUICK QUESTION. YES. UM, THIS IS NEARLY, I GUESS, ONE OF THE THINGS THAT KIND OF, THAT DOES BOTHER ME, BUT YOU LOOK AT THE PROPOSED BUILDING IT'S COMPLETELY DIFFERENT FROM THE OTHER, UH, PLACES ENTIRE STREET. AND IS THAT IT LOOKS LIKE THE FUTURE WOULD BE THAT THOSE KINDS OF BUILDINGS. AND IS THAT REALLY WHAT WE WANT? I JUST DON'T KNOW THAT THAT IS SOMETHING THAT THE ENVIRONMENTAL COMMISSION SHOULD BE MAKING JUDGMENTS ON, BUT I DO ALSO THINK FROM A PLANNING PERSPECTIVE, KENIG IS A MAJOR CORRIDOR THROUGH THAT NEIGHBORHOOD. AND SO IT IS PROBABLY ACTUALLY IN OUR PLANNING ALIGNED WITH WHAT IS APPROPRIATE FOR THERE. OKAY. AND ALSO, I I'LL WEIGH INTO THAT RECENTLY. IN FACT, I HADN'T BEEN DOWN THAT STRETCH OF STREET IN, IN A WHILE, BUT THE FORMER, I THINK IT WAS A HONDA DEALERSHIP THAT COVERED EXTENSIVE LAND AND HAD BEEN SITTING VACANT FOR A WHILE. AND IT'S JUST DOWN THE STREET FROM HERE. AND THIS PROPOSAL IS, UH, IS NOW A MASSIVE APARTMENT COMPLEX. SO THERE IS IN FACT, YOU KNOW, I'M NOT, I'M NOT EVEN SURE THAT THIS IS THE FUTURE. IT SEEMS TO EVEN BE THE PRESENT. THERE IS THIS TURNOVER AND REDEVELOPMENT OF PROPERTIES. THANK YOU. LET'S JUST STATE, WE'RE NOT LOOKING AT REDEVELOPMENT PER SE. WE'RE LOOKING AT ENVIRONMENTAL AND WHAT IS THE ENVIRONMENTAL, UM, NEEDS THAT WOULD REQUIRE THE VARIANCE. OKAY. COMMISSIONER GORDON AGAIN. SO I HAVE ONE ADDITIONAL QUESTION HERE, AND THIS MAY BE FOR, FOR OUR ENVIRONMENTAL OFFICER. SO THIS DISCONNECT, UM, THAT'S BEING POINTED OUT BETWEEN, I GUESS HE'S VARIOUS, UM, VCM AND WAYS OF CALCULATING THIS POLLUTANT LOAD. UH, WHAT, WHAT, WHAT'S YOUR TAKE ON THIS COMMISSIONER GORDON, CHRIS HARRINGTON. SO I THINK WE'RE JUST FUNDAMENTALLY LOOKING AT THE MATH DIFFERENTLY. SO THE APPLICANT IS PROPOSING TO CAPTURE THE ONE HALF INCH PLUS WATER QUALITY VOLUME FOR THE NEW DEVELOPMENT. WE'RE LOOKING AT THE TOTALITY OF DEVELOPMENT ON THE SITE. AND SO WE HAVE USED THE SLAT TOOL IN THESE CIRCUMSTANCES IN THE PAST TO ESTIMATE POLLUTANT LOADING. IT USES THE SAME FACTORS THAT ARE IN THE ECM, UH, BASED ON THE LAND USE TYPES AND THE AMOUNT OF IMPERVIOUS COVER. AND SO WE DON'T FEEL THAT THIS IS AN EGREGIOUS MISUSE OF THIS LAB TOOL. I CONCUR IT IS NOT IT, OR IT'S NOT. IT'S ORIGINALLY INTENDED PURPOSE TO ESTABLISH COMPLIANCE WITH THE ANTI DEGRADATION REQUIREMENTS IN THE BARTON SPRINGS ZONE. BUT FOR US, IT'S A PRE-EXISTING TOOL THAT WE AGAIN HAVE USED IN SIMILAR CIRCUMSTANCES. SO I THINK THAT WHAT THE APPLICANT IS DOING IS LOOKING AT THE DELTA OF WHAT THE WATER QUALITY VOLUME IS FOR THE NEW IMPERVIOUS COVER, UM, RELATIVE TO KIND OF WHAT THE CURRENT CONDITION IS. BUT THEN ASSUMING THAT THAT'S A HUNDRED PERCENT TREATMENT, WHICH WE KNOW IS AN ACCURATE, THE SLAT TOOL IS MORE COMPLEX IN [00:45:01] THE SENSE THAT IT INCLUDES BYPASS. IT DOES INCLUDE, UM, UH, THE PERCENT REMOVAL FOR THE CONSTITUENTS BASED ON THE TYPE OF STRUCTURAL CONTROL MEASURE TREATED. SO IT'S THE BEST AVAILABLE TOOL. AGAIN, THE APPLICANT IS PROPOSING ADDITIONAL IMPERVIOUS COVER THAN WHAT IS THERE TODAY. THERE IS NO TREATMENT THERE TODAY. THE APPLICANT IS PROPOSING SOME TREATMENT. AND SO IT'S SORT OF A, IT'S A DIFFICULT CIRCUMSTANCE FOR US TO THINK ABOUT WHEN THE CODE SPECIFICALLY SAYS THAT THE WATER QUALITY MUST BE EQUAL OR BETTER WHEN IT'S A DESIGN DECISION AND GOING TO THE MAXIMUM ALLOWED IMPERVIOUS COVER, UM, BASED ON ZONING LIMITS, WHICH IS WHAT WE DO FOR URBAN WATERSHEDS TO, TO US IS CLEARLY A DESIGN DECISION. ANY OTHER QUESTIONS? YES, YES, YES. HI, THANKS. I GUESS MY CONCERNS ARE THAT, UM, I'M READING HERE, THE, IT IS, UH, UH, PREVIOUSLY MODIFIED DRAINAGE FEATURE. I'M HAVING A PROBLEM WITH THAT. WHEN YOU POINTED THIS OUT EARLIER, IT IS A CREEK, AND YET WE'RE DEALING WITH IT AS A CREEK BECAUSE WE'RE TALKING ABOUT THE FLOOD PLAIN, BUT THEY ARE SAYING THAT IT WAS IT'S A DRAINAGE FEATURE. SO I'M JUST GOING TO HAVE TO SAY THAT I AGREE THAT IT'S A CREEK HAS A FLOOD PLAIN, AND THAT WE SHOULD BE CONCERNED WITH THE POLLUTANT MUD. SO, UM, UH, IT IS A CATCH 22 SITUATION. I DO WISH IT WERE ABLE TO, UH, MEANDER EXCEPT IN FLOOD CONDITIONS, BUT THAT IS WHAT WE HAVE. SO THANKS. ONE SORT OF PROCEDURAL QUESTION HERE IS JUST SO WE'RE ALL CLEAR BECAUSE WE RUN INTO THIS, UM, THIS GOES ON FROM HERE, SO WHERE WE'RE PROVIDING WHATEVER GUIDANCE TO, UM, I FORGET AS A PLANNING AND ZONING WHERE IT'S GOING NEXT. UM, BUT RIGHT. SO THE THING IS, IF WE, IF WE WERE TO TURN IT DOWN, IF THERE'S NO MOTION THAT PASSES, THEN THERE'S NO RECOMMENDATION THAT WOULD COME FROM US. VERSUS IF WE'RE TRYING TO AT LEAST MAKE SOME RECOMMENDATION, IS THAT CORRECT? CHRIS COMMISSIONER, GORDON, YOU ARE CORRECT. YOU WERE MAKING A RECOMMENDATION TO THE LAND USE COMMISSION WHO WILL MAKE THE FINAL DETERMINATION IN THIS CASE, RELATIVE TO THE ENVIRONMENTAL VARIANCE. THIS DOES GO TO THE PLANNING COMMISSION BASED ON ITS LOCATION. I BELIEVE IT'S SCHEDULED FOR A HEARING NEXT WEEK. UM, SO YOU WOULD, YOUR OPTIONS ARE TO MAKE AN AFFIRMATIVE RECOMMENDATION, UH, THAT THE VARIANCE IS WARRANTED. UM, YOU COULD ADOPT THE STAFF RECOMMENDATION, DENYING THE VARIANCE. THIS WOULD BE A DISCUSSION ITEM AT THE PLANNING COMMISSION, UH, GIVEN THE STAFF RECOMMENDATION FOR DENIAL AND JUST AS PROCEDURALLY, THAT DECISION IS NOT APPEALABLE FOR A YEAR. SO THE APPLICANT COULD NOT COME BACK AND APPEAL THAT DECISION. IT IS NOT APPEALABLE AND THE APPLICANT CAN CO CANNOT COME BACK, UM, TO ASK FOR RECONSIDERATION OF THE VARIANCE FOR AT LEAST A YEAR. CAN WE HAVE ANY FURTHER DISCUSSION ON THIS ITEM? YOU READY TO CLOSE MADAM CHAIR? THIS IS RAM BERG. I MOVED TO CLOSE THE PUBLIC HEARING. I'M SORRY. OKAY. HOW SECONDED MADAM CHAIR. I ALSO HAVE A MOTION. UM, ABSOLUTELY. UM, ON THE JET ITEM, TOOTHY AT THE SUBJECT 1514 WEST CANUCK LANE OFFICE BUILDING S P 2019 DASH ZERO ZERO TWO SEVEN C T. WHEREAS ENVIRONMENTAL, SHE RECOGNIZED THAT THE APPLICANT IS REQUESTING A VARIANCE FROM LDC 25 DASH EIGHT DASH TWO SIX ONE TO ALLOW PRESSURE IN THE CRITICAL WATER QUALITY ZONE AND WHERE AT THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT STAFF DOES NOT RECOMMEND THIS VARIANCE, HAVING DETERMINED THE REQUIRED FINDINGS [00:50:01] OF FACT HAVE NOT BEEN ASKED. THEREFORE THE ENVIRONMENTAL COMMISSION RECOMMENDS DENIAL OF THE REQUESTED VARIANCE. THERE ARE A SECOND ON THAT MOTION. SECOND, SECOND BY POINT. THANK YOU, COMMISSIONER COIN. ALL RIGHT. LET'S TAKE THE ROAD. YES. COMMISSIONER THOMPSON. YOU MENTIONED A THOMPSON. YES. COMMISSIONER NEELY. YES. COMMISSIONER POINT YES. COMMISSIONER? YES. COMMISSIONER RAMBERT. YES. MR. GUERRERO. YES. SCHNUR GORDON. YES. COMMISSIONER BEDFORD. YES. MOTION CARRIES ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN, EIGHT, NINE OUT. THANK YOU SO MUCH. ALL RIGHT, LET'S GO ON TO OUR NEXT ITEM. LOST MY AGENDA. WE ARE ITEM THREE C. IS THAT CORRECT? TO SEE? THANK YOU. DO YOU SEE [2c. Name: Applied Materials Logistics Service Center, SP-2020-0321C ] NAME APPLIED MATERIALS, LOGISTICS SERVICE CENTER, SB 2020 DASH ZERO THREE TWO ONE. SEE, THIS IS LOCATED AT NINE SIX ONE FOUR EAST US TWO 90 HIGHWAY, AUSTIN, TEXAS 77, TWO FOUR DISTRICT ONE. WE HAVE STAFF HERE TO PRESENT AND I BELIEVE WE HAVE THE APPLICANT TOO. IS THAT CORRECT? YES, MA'AM. WE DO HAVE THE APPLICANT WHO WISHES TO, UH, IS AVAILABLE FOR QUESTIONS. I MAY SPEAK AT THE PLEASURE OF THE COMMISSION AFTER STAFF MAKES A PRESENTATION. THANK YOU SO MUCH. PLEASE COME FORWARD AND STATE YOUR NAME, RIGHT? THIS IS PAMELA CHEEK DEVELOPMENT SERVICES, DEPARTMENT MEMBERS OF THE ENVIRONMENTAL COMMISSION. UM, TONIGHT WE'RE PRESENTING THE VARIANCE REQUESTS FOR THE APPLIED MATERIALS LOGISTICS CENTER. THE REQUEST IS TO VARY THE GRADING LIMIT OF FOUR FEET. THAT SET AN LDC 25 EIGHT THREE 41 TO ALLOW CUT TO 12 FEET. THE EXISTING APPLIED MATERIALS CAMPUS TO WHICH THIS PROJECT IS AN ADDITION IS IN NORTHEAST AUSTIN IN THE DECKER CREEK WATERSHED, WHICH IS A SUBURBAN WATERSHED, AKA THE DESIRED DEVELOPMENT ZONE. THE SITE IS RELATIVELY FLAT WITH TWO TO 5% SLOPES IS FORMER GRAZING LAND WITH MINIMAL NATURAL CHARACTER AND HAS ONE WETLAND CRITICAL ENVIRONMENTAL FEATURE, WHICH IS CURRENTLY A STOCK TANK. THE PROJECT ADDS ROUGHLY 21 ACRES OF NEW DEVELOPMENT AND REPURPOSES OR REVISES 22 ACRES OF EXISTING DEVELOPMENT. THE PROJECT POSED BY APPLIED MATERIALS WILL CONSOLIDATE SEVEN OFFSITE LOGISTICS FACILITIES INTO ONE CENTRAL WAREHOUSE AND DISTRIBUTION SERVICE CENTER. THE WAREHOUSE WILL USE AUTOMATED ROBOTIC EQUIPMENT AND THEREFORE REQUIRES A CONSISTENT FLOOR ELEVATION. ADDITIONALLY, LOADING DOCKS, FIRE LANES, AND PARKING MUST BE AT ELEVATIONS APPROPRIATE FOR THE WAREHOUSE FINISHED FLOOR ELEVATION STAFF JUDGES. THE FINDINGS OF FACT TO HAVE BEEN MET FOR THIS VARIOUS REQUEST. WE FEEL THE VARIANCE IS NOT NECESSARILY NECESSITATED BY THE DESIGN. THE BUILDING LAYOUT IS CONSTRAINED BY ONE, THE PRESENCE OF A WETLAND CEF, WHICH THE DEVELOPMENT IS SITUATED TO PRESERVE AND TO THE NEED AS EXPLAINED TO HAVE A CONSISTENT OF FLOOR ELEVATION ACROSS THE ENTIRE WAREHOUSE AREA TO CURTAIL THE DEPTH AND THE DEPTH OF CUT AND FILL THE APPLICANT HAS CITED THE PROJECT ON A LOT WITH MINIMAL SLOPES AND PROPOSES A RETAINING WALL TO EXTENT A GRADING GIVEN THESE CONSTRAINTS, STAFF FEELS THE VARIANCE IS THE MINIMUM DEVIATION FROM CODE NECESSARY TO ALLOW A REASONABLE USE OF THE PROPERTY. STAFF RECOMMENDS ONE CONDITION THAT THE APPLICANT STOCKPILE AND PRESERVE THE TOP SOIL FOR REUSE IN LANDSCAPE WETLAND MITIGATION AND OR BIOFILTRATION AREAS. THIS CONCLUDES MY PRESENTATION. THE APPLICANT HAS A PRESENTATION FOR YOU AS WELL. THANK YOU. [00:55:01] THANK YOU, DAVID. THANK YOU, CHRIS. BATAM CHAIR COMMISSIONERS. MY NAME IS DAVE ANDERSON. I'VE BEEN ASKED TO ASSIST IN THE PRESENTATION OF THIS, UM, ON THIS CASE, UH, BY TAMMY MIGO WITH LEGAL ENGINEERING, UH, REPRESENTS APPLIED MATERIALS. UM, COUPLE OF THINGS THAT I WANTED TO ADD TO STAFF'S FANTASTIC PRESENTATION, UM, CURRENCY IES STOCK POND IS NOT A VERY GOOD QUALITY AND THE ENTIRE LAYOUT OF THE BUILDING WAS DONE TO PRESERVE THAT WETLAND FEATURE TO PRESERVE THAT CEF. UM, AND SO THAT'S REALLY NECESSITATED, UM, THE DEGREE OF CUTTING TILL, UM, UH, I, I KNOW THAT THAT TAMMY AND HER TEAM HAVE WORKED INCREDIBLY HARD TO MINIMIZE THE AMOUNT, BOTH THE AERIAL EXTENT AND THE DEPTH OF THE CUT. UH, AND I THINK THAT THEY HAVE, UH, DONE A, UH, AN EXEMPLARY JOB IN DOING THAT. AND THEN THE LAST THING THAT I WOULD ADD IS, UM, OR DETAINING OR DETAINING 13% MORE FLOWS THAN IS REQUIRED BY CODE. AND WE'RE TREATING, UH, 9%, AS FAR AS WATER QUALITY VOLUME GOES 9% MORE THAN IT'S REQUIRED BY CODE. SO REALLY WE'VE COME AT THIS FROM A HOLISTIC PERSPECTIVE, UM, ORIENTING THE BUILDING TO PRESERVE THE CEF, TREATING MORE VOLUME OF WATER QUALITY THAN WE NEED TO MAKING SURE THAT OUR FLOWS MIMIC WHAT WAS THERE BEFOREHAND. AND THEN THE LAST THING THAT'S REALLY INTERESTING TO ME, TAMMY AND I TALKED AT LENGTH ABOUT HOW TO, HOW TO CALCULATE THIS. UNFORTUNATELY APPLIED, UM, WAS ALL OVER IT AND ALREADY HAD THE DATA. THE PROJECT ELIMINATES ABOUT 10,454 TRUCK TRIPS A YEAR OR 84,000 TRUCK MILES A YEAR BY CONSOLIDATING SEVEN DIFFERENT LOCATIONS AROUND TOWN TO ONE LOCATION. THINK ABOUT THAT IMPACT FROM YOUR QUALITY PERSPECTIVE. ALSO THINK ABOUT THAT IMPACT FROM A WATER QUALITY PERSPECTIVE. UH, IT, IT TRULY IS, IS, IS, UM, FROM AN ENVIRONMENTAL PERSPECTIVE OR A REGIONAL ENVIRONMENTAL PERSPECTIVE. IT'S A NEAT PROJECT TO THINK ABOUT IT FROM THAT, FROM THAT WAY. AND WITH THAT, I'LL CONCLUDE MY COMMENTS. I'LL THANK YOU ALL FOR YOUR SERVICE AND, UH, BE OPEN FOR QUESTIONS. DO WE HAVE ANY QUESTIONS, COMMISSIONERS, NO QUESTIONS FOR THE QUESTIONS FOR THE STICK OR THE APPLICANT. I SEE NOTHING POPPING UP HERE. VERY GOOD. UH, THEN IF THERE'S NO FURTHER QUESTIONS FOR DISCUSSION, SHOULD WE CLOSE THE PUBLIC HEARING CLOSED THE PUBLIC ROMBERG? I MOVED TO CLOSE THE PUBLIC HEARINGS. THANK YOU, COMMISSIONER RANDBURG. LET'S HAVE A SECOND PLEASE. ON THIS TUESDAY. YES. COMMISSIONER BECKONS AND WHOEVER, WHATEVER. DO WE HAVE ONE ON A AGENDA ITEM TO SEE APPLIED MATERIALS LOGISTICS CENTER AT, UM, SP 2000, SORRY, 2020 DASH ZERO THREE TWO ONE SEAT. UH, WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT IS REQUESTING A VARIANCE FROM LDC 25, 25 DASH EIGHT DASH THREE FOUR ONE TO ALLOW CUT TO 12 FEET. AND WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT STAFF RECOMMENDS THIS VARIANCE WITH ONE STAFF CONDITION, HAVING DETERMINED THE REQUIRED FINDINGS IN FACT HAVE BEEN MET. THEREFORE THE ENVIRONMENTAL COMMISSION RECOMMENDS THE VARIANCE REQUEST WITH THE FOLLOWING STAFF CONDITION. ONE, THE APPLICANT WILL STOCKPILE AND PRESERVE TOPSOIL FOR REUSE IN LANDSCAPE, WETLAND MITIGATION AND OR BIOFILTRATION AREAS. YEAH, BUT MOST SECOND FOURTH TO SEE. NOPE. WHAT'S UP BRO? CALL ON THIS ITEM PLEASE. COMMISSIONER SMITH. YES. COMMISSIONER THOMPSON. YES. COMMISSIONER NAMELY. YES. [01:00:01] COMMISSIONER COREY. YES. CONDITIONAL NIGHTSCOUT. YEAH. COMMISSIONER LAMBERT. YES. MS. GUERRERO. YES. YES. COMMISSIONER BEDFORD MOTION CARRIES MUCH. APPRECIATE THAT. THANK YOU, COMMISSIONERS. THANK YOU. ALL RIGHT, COMMISSIONERS. WE ARE. DOES ANYONE HAVE ANY, UM, ANY UPDATES ON COMMITTEES BEFORE WE TRAIL OFF JUST REAL QUICK? UM, THE CLIMATE EQUITY PLAN IS NOW BEING PUSHED TO A COUNCIL AGENDA IN THE NEW YEAR. JUST SO EVERYONE KNOWS. I HAVE A QUESTION. IS THIS OUR LAST MEETING IN DECEMBER ONE MORE TIME, WE'RE GOING TO MEET ONE MORE TIME. KAYLA, CAN YOU ADDRESS THAT? DOODLE DOODLE POLL? GOOD AFTERNOON COMMISSIONERS. THIS IS KAYLA CHAMPLIN WATERSHED PROTECTION. WE WILL BE HAVING ONE MORE MEETING ON DECEMBER 16TH AT 6:00 PM. AND THERE IS A DOODLE POLL THAT WENT OUT FOR ME. THE DECEMBER MEETINGS I'LL SEND OUT THAT LINK IN CASE YOU DIDN'T SEE IT. UM, SO YOU CAN RSP RSPP THERAPIES. DECEMBER 16TH WILL BE ON LAST, UM, MEETING FOR THE YEAR. HOW ARE WE GOING TO HAVE NO COMMISSIONER NEELY? AND WE'RE HAVING COVID RESTRICTIONS AT THIS TIME. AND IF WE WANT TO HAVE A ZOOM PARTY, WE CAN MAKE IT HAPPEN. WE CAN SAY CHRISTMAS CAROLS OR WHATEVER. ALL RIGHT. UH, BEFORE WE ADJOURN THIS EVENING, DOES ANYTHING, ANYONE HAVE ANYTHING THEY WANT TO SEE ON THE NEXT AGENDA OR A FUTURE AGENDA ITEM? ALL RIGHT. WITHOUT FURTHER ADO, I MET THE MOTION TO THIS MEETING AT 7:07 PM. THANK YOU VERY MUCH. COMMISSIONERS. MUCH APPRECIATED. HAVE A SAY. THANK YOU GUYS ARE TELL ON TWO WEEKS . * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.