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[Call to Order]

[00:00:04]

AND WITH TODAY'S.

UM, SO STARTING TONIGHT'S ZONING AND PLANNING COMMISSION MEETING, IT IS JANUARY 19TH AT 6:03 PM.

AND I WILL DO THE ROLL CALL FIRST COMMISSIONER ACOSTA.

GREAT.

UH, COMMISSIONER GARY HERE.

UH, VICE CHAIR, BOROUGH RAMIREZ HERE.

COMMISSIONER, COMMISSIONER DESCARTES.

I DO NOT SEE A COMMISSIONER DANGLER COMMISSIONER DUNCAN.

OH, WHY DIDN'T YOU SPEAK UP, SPEAK COMMISSIONER DUNCAN.

WHY NOT USE UNMUTE YOURSELF? OKAY.

GREAT.

COMMISSIONER EVANS HERE.

GREAT COMMISSIONER KING.

YEAH.

AND COMMISSIONER SMITH HERE.

OKAY, GREAT.

AND THEN TONIGHT'S MEETING.

AND THE FIRST, UM, THE FIRST ORDER OF BUSINESS IS, AND I SAW THERE WAS NOBODY SIGNED UP FOR A CITIZEN COMMUNICATION.

SO

[Reading of the Agenda]

A ONE APPROVAL OF MINUTES.

AND THIS IS THE CONSENT AGENDA, A ONE APPROVAL OF MINUTES FROM DECEMBER 15TH, 2020 A TO APPROVE APPROVAL MINUTES FROM JANUARY 5TH, 2020.

AND THEN, UH, THEN I IS BEING ONE, A CONSENT ITEM OR A DISCUSSION ITEM, CHAIR COMMISSIONS.

I HAVE THAT AS CONSENT.

IT WAS, UM, UH, IS BEING PULLED.

I THOUGHT SOMEBODY WAS GONNA PULL IT UP.

OKAY.

COMMISSIONER GARY AND COMMISSIONER KING.

OH, OKAY.

IT'S SO IT IS NOW A DISCUSSION ITEM AND I WOULD'VE PULLED IT TOO.

SO JUST GOT TO TURN THE HEAD AND BE OKAY.

THEN BE TO RAISE AND I SHOULD I HAVE TO READ IT.

OKAY.

B ONE ZONING C 14 DASH 2020 DASH ZERO ONE TWO ONE HOLLAND STONE DISTRICT FIVE.

AND THAT IS A DISCUSSION ITEM B TWO REZONING C 14 DASH 2020 DASH ZERO THREE ONE F P T APARTMENTS.

AND THE NEIGHBORHOOD IS REQUESTING A POSTPONEMENT TO FEBRUARY 16TH AND IT IS THEIR FIRST REQUEST.

B3 ZONING, C 14 DASH 2020 DASH TWO ONE THREE EIGHT TCR MCKINNEY FALLS.

AND THAT'S A DISCUSSION ITEM BEFORE REZONING.

SEE 14 DASH 2020 DASH ZERO ONE TWO TWO.

THE IS AT PIONEER HILL SOUTH SIDE.

THAT IS ON THE CONSENT AGENDA.

AND, UH, B FIVE REZONING, C 14 DASH 2020 DASH ZERO ONE TWO THREE.

THE BILL IS THAT PRAYING NEAR HILL NORTH SIDE.

AND THAT IS ALSO ON THE CONSENT AGENDA.

SO THE GROUP, THE CONSENT

[Consent Agenda]

AGENDA, IT IS A ONE AND EIGHT TO THE MINUTES AND B TO NEIGHBORHOOD POSTPONEMENT REQUEST TO FEBRUARY 16TH AND B FOUR AND B FIVE IS, WAS THEIR EMOTION ON THAT.

OH, BEFORE I ASKED FOR A MOTION, IS THERE ANYBODY HANGING OUT THERE RIGHT NOW WHO WISHES TO SPEAK ON ANY OF THOSE ITEMS LISTED ON THE CONSENT AGENDA, WHICH WOULD BE B TWO, BUT THAT IS BEING POSTPONED, UH, B FOUR OR B FIVE AND HEARING NONE THEN, UM, MOTION ON THE CONSENT AGENDA.

OKAY.

A MOTION BY COMMISSIONER DUNCAN, SECONDED BY COMMISSIONER ACOSTA.

OKAY.

ALL THOSE AND TO CLOSE THE PUBLIC PUBLIC, HEARING ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND AND IT LOOKS LIKE IT'S UNANIMOUS.

OKAY, GREAT.

OKAY.

THANK YOU.

AND

[B1. Rezoning C14-2020-0121 - Holland Stone; District 5 (Part 1 of 2)]

NOW B ONE, THE REZONING AND THE STAFF MEMBER IS MARK GRAHAM.

SO, UM, MR. GRAHAM, CAN YOU GO AHEAD EVEN SHARING MEMBERS OF THE COMMISSION ON MARK RATING FROM HOUSING AND PLANNING THE CASE BEFORE YOU NOW IS THE C 14 2020 ZERO ONE 21 CALLED HOLLAND STONE ADDRESSES 1105 MATTHEWS LANE.

THE REQUEST IS TO CHANGE THE ZONING FROM D R Q S F PI THE SITES, APPROXIMATELY 2.49 ACRES,

[00:05:02]

AND THE CLINTON ZONING PERMITS ONE DWELLING UNIT ON THAT.

DR.

SO THE PROPERTY, THE APPLICANT IS REQUESTING HIS OWN CHANGE TO BUILD MORE UNITS ON THE TWO AND A HALF ACRES.

UM, HE'S PROPOSING APPROXIMATELY 10 UNITS, UH, THE URBAN FAMILY RESIDENCE, SF FIVE PERMITS, UM, BUILDING SINGLE FAMILY UNITS ON THE 57, 15 SQUARE FOOT, LOTS LIKE THE SF TWO AND SFC THREE ZONES, UNLIKE A SF TWO AND THREE, THE A S F FIVE ALSO PERMITS BUILDING MULTIPLE RESIDENTIAL UNITS ON A SINGLE LOT AND CLUSTERING THEM.

UM, IN THIS CASE, THE APPLICANT IS PROPOSING THE TOWN HOME, UM, ON THIS, WHICH IS UNDER SECTION 25, TWO FIVE FIVE NINE, AND THE LAND DEVELOPMENT CODE, UH, WITH A MINIMUM OF THOUSAND 500 SQUARE FEET AND AT LEAST 3,500 SQUARE FEET PER DWELLING UNIT, MULTIPLE UNITS CAN BE BUILT ON THE SFI UP TO A MAXIMUM OF SIX DWELLINGS PER LOT.

AND SO AS, AS IS TYPICAL, WE HAVE NEITHER A SITE PLAN NOR SUBDIVISION LAYOUT.

WE DON'T KNOW IF HE WILL BE SUBDIVIDING.

WE DON'T KNOW HOW THE LAPS A LOT WILL BE LAID OUT.

AND SO WE, WE CAN'T KNOW FOR SURE WHAT THE YIELD IN TERMS OF THE NUMBER OF UNITS WILL BE TOTAL.

UM, BUT HE'S TOLD US IN THE APPLICATION AND FOR THE PURPOSES OF THE TRANSPORTATION REVIEW, THAT HE'S PLANNING 10 UNITS, UM, HE'S NOT ELIGIBLE FOR THE CONDOMINIUMS, UH, WHICH ARE ALLOWED IN SF SIX, IF YOU, UH, FRONT-ON TO, UH, THE CORRECT LEVEL AND STREET.

BUT MATTHEWS LANE IS A LOCAL RESIDENTIAL STREET AND DOES NOT ALLOW THE CONDOMINIUMS ARE THE MAIN FEATURE OF THE LOT.

AND THERE WAS A MAP IN THE STAFF RECORD SHOWING YOU THIS WAS, THIS WAS A CREEK BUFFER, UH, THAT PREVENTS BUILDING ON A LARGE PART OF THE LAW AND POTENTIALLY ACCESS TO THE REAL IT'S A LOT SO THAT THE SF FIVE ZONING WOULD PERMIT CLUSTERING THE UNITS ON THE PORTION CLOSER TO MATTHEW'S LANE, UH, THAT IS OUT OF THE, UH, CREEK THE BUFFER ZONE.

SO, UH, STAFF STAFF IS SUPPORTING THE REQUESTED REZONING TO SF FIVE IT'S APPROPRIATE, UM, BECAUSE IT, IT HAS DEVELOPMENT STANDARDS SIMILAR TO, UH, THE ZONING THAT'S NEARBY, THE SF ONE, TWO AND THREE ZONES.

UM, ALSO LET'S SEE, SO THAT THERE'S ARMING CHANGES WOULD PROMOTE COMPATIBILITY WITH THE ADJACENT AND NEARBY, UH, USES.

UM, THE ZONING WOULD ALLOW FOR REASONABLE USE OF THE PROPERTY.

UM, AGAIN, BECAUSE IT WOULD ALLOW CLUSTERING.

ALSO THE CLUSTERING ALLOWS FOR LIMITED DRIVEWAYS AT MATTHEWS LANES THAT'S DESIRABLE.

UM, THEN IT PROMOTES, UH, IMAGINE AUSTIN GOALS, UH, CREATING, UH, SOME VARIETY OF HOUSING, UM, AND, UH, FOR POTENTIALLY AFFORDABLE HOUSING, UM, IN THIS AREA.

UM, SO WITH THAT, I CONCLUDE THE STAFF RECORDS THAT REMAIN AVAILABLE FOR QUESTIONS.

OKAY.

THANK YOU.

AND AS I UNDERSTAND THAT THE APPLICANT IS NOT ONLINE, THAT HE SIGNED UP TO SPEAK, BUT IS NOT, IS, UM, ANDREW IS TRYING TO CONTACT HIM TO REMIND HIM THAT HE NEEDS TO BE ON.

UM, ANDREW, HAVE YOU BEEN ABLE TO GET AHOLD OF HIM ON ANDREW? HER VOICEMAIL? AND I SENT AN EMAIL, UM, BUT I DON'T HAVE ON THE TELECONFERENCE JUST YET.

OKAY.

THANK YOU.

AND THEN I THINK THAT WE COULD POSSIBLY POSTPONE THIS, NOT A POSTPONE, BUT WE COULD TABLE IT UNTIL LATER.

UM, SO WE CAN HAVE THE APPLICANT SPEAK AND WHAT, BUT IT WOULD REQUIRE, I BELIEVE IT WOULD REQUIRE A MOTION TO DO THAT.

I AM NOT SURE.

COMMISSIONER KING, I MOVE THAT WE TABLE THIS UNTIL AFTER OUR NEXT CASE DISCUSSION ITEM B3.

OKAY.

MOTION BY COMMISSIONER KING, SECONDED BY COMMISSIONER GARY, ALL THOSE IN FAVOR, FAVOR OF TABLING IT UNTIL AFTER OUR NEXT DISCUSSION ITEM, PLEASE RAISE YOUR HAND AND IT LOOKS LIKE IT'S

[00:10:01]

UNANIMOUS.

OKAY, GREAT.

OKAY THEN, SO WE WILL JUST GO ON TO

[B3. Zoning C14-2020-0138 - TCR McKinney Falls; (Contiguous to District 2)]

B THREE ZONING CASE, AND THAT IS WENDY RHODES IS THE STAFF MEMBER.

OH, AND THANK YOU, MR. GRAHAM, ALSO FOR THAT.

AND, UM, AND I'M SURE WE'LL BE GETTING BACK TO YOU.

SO B3 COMMISSIONER, CHECK YOUR BOSS.

I WANT TO NOTE THAT COMMISSIONER DANKER HAS JOINED US AND I BELIEVE SHE JOINED US RIGHT ABOUT THE TIME THAT WE APPROVED THE CONSENT AGENDA.

OKAY, GREAT.

OKAY.

THANK YOU.

THANK YOU FOR NOTICING THAT.

OKAY.

NOW ON TO B THREE AND WENDY, GOOD EVENING, MADAM CHAIRMAN COMMISSION MEMBERS.

MY NAME IS WENDY RHODES WITH THE HOUSING AND PLANNING DEPARTMENT.

THIS IS CASEY 14, 2020 ZERO ONE 38 ADDRESS AT 82 ZERO ONE BAXTON ROAD.

IT'S IN, AND THIS PROPERTY IS CURRENTLY IN THE UNINCORPORATED SECTION OF TRAVIS COUNTY.

IT IS PROPOSED FOR ANNEXATION INTO THE CITY'S FULL PURPOSE JURISDICTION IN, UH, ON FEBRUARY 18TH, THIS CASE, AS WELL AS THE CORRESPONDING ANNEXATION CASE IS SCHEDULED FOR COUNSEL ON THIS PROPERTY RIGHT NOW, THERE IS, IS THERE IS A WATER TANK AND IT IS OTHERWISE AN UNDEVELOPED AND USED FOR AGRICULTURAL PURPOSES.

THERE IS A SEGMENT OF MARBLE CREEK ALONG THE WEST SIDE OF THE PROPERTY AND TO THE EAST IS UNDEVELOPED LAND THAT HAS SSRA ZONING AS WELL AS THE RECENTLY ANNEXED PORTION OF EASTERN PARK, WHICH IS, UH, WHICH WAS PREVIOUSLY KNOWN AS PILOT KNOB PUD, UH, TO THE WEST ACROSS, UH, ELAM ROCK DRIVE.

THERE ARE SINGLE FAMILY, RESIDENTIAL SUBDIVISIONS ON STANDARD WATTS.

THE APPLICANT IS PROPOSING TO ZONE THE PROPERTY TO THE SFC SIX DISTRICT AS THE FIRST STEP IN CONSTRUCTING UP TO 105 FAMILY RESIDENCES ON A SINGLE SITE, THE APPLICANT IS PROPOSING ACCESS TO MCKINNEY FALLS PARKWAY AND BAXTON ROAD.

AND THE STAFF BELIEVES THAT SF SIX ZONING AT THIS LOCATION IS REASONABLE, UH, IN, IN A LOWER RESIDENTIAL AREA.

IT WILL ALLOW FOR THE ABILITY TO INTRODUCE A DIFFERENT TYPE OF HOUSING TO THE AREA YET IT WILL CONSIST OF AND HAVE A SINGLE FAMILY APPEARANCE AND BE COMPATIBLE WITH THIS SINGLE FAMILY RESIDENCES THAT ARE IN THE VICINITY.

UH, SF SIX ZONING IN THIS CASE WILL ALSO ALLOW FOR CLUSTERING GIVEN THE, UH, MARBLE CREEK FLOOD PLAIN, THAT IS LOCATED ON THE WESTERN SIDE OF THE PROPERTY, AS WELL AS THE MODERATE TREE COVERAGE THAT EXISTS THROUGHOUT.

UH, THAT CONCLUDES MY PRESENTATION.

I KNOW THAT THE APPLICANT IS ON THE LINE AS WELL AS AT LEAST ONE, UH, INTERESTED RESIDENT.

THANK YOU.

THANK YOU, WENDY.

YES.

AND I UNDERSTAND THAT MIKE KING IS ON THE LINE AND SIGNED UP TO INDY.

WE'LL HAVE A SIX MINUTES.

GOOD EVENING CHAIR AND COMMISSIONERS, UH, MICHAEL KING WITH HUSH BLACKWELL ON BEHALF OF THE APPLICANT TREMBLE FOR RESIDENTIAL AND ALSO HAPPY WITH ME TONIGHT, CARL HERSHEY WITH CRIMINAL CROW, UM, AS PART OF OUR DEVELOPMENT TEAM AND I CLAYTON STROLL, UH, ARE ENGINEERED TO ANSWER ANY QUESTIONS THAT YOU HAVE, UM, LIKE WHAT SPECIFIC DETAILS, UH, TO PLEASE, I SAID, THIS IS A 24 ACRE TRACT OF LAND IT'S CURRENTLY IN THE ETJ.

UM, IT'S NOT DEVELOPED, WE'RE PROPOSING 105 SINGLE-FAMILY HOMES ON A SINGLE LOT.

UH, WE'RE PUSHING THE HOMES INTO A CLUSTERED AREA ADJACENT TO MAKE ANY FALSE PARKWAY.

AND NEXT SLIDE PLEASE, THREE WE'RE IN THE DESIRED DEVELOPMENT ZONE.

AND, UM, ONE OF THE NICE THINGS ABOUT THIS PROPERTY IS THAT WE HAVE A PLAN HERE TO TRAIL GOING ALONG THE WEST SIDE OF OUR PROPERTY, AND WE'LL BE WORKING WITH THE CITY 10, UM, AND PARKS ABOUT DEDICATING PARKLAND THERE, AND ALSO HELPING WITH THE CONSTRUCTION OF THE TRIAL FOR THAT AREA.

AND WE ARE ALSO REQUESTING, UM, DEDICATION OF ALL PARKLAND ONSITE FROM PAGE FOUR.

YOU HAVE JUST A GENERAL MAP OF THE PROPERTY LOCATION, UH, SOUTHEAST AUSTIN.

UM, AS YOU KNOW, AND NEXT SLIDE, SLIDE FIVE THAT SHOWS THE AREAS ZONING.

SO WE HAVE ETJ IN THE LIMITED PURPOSE AND SOME SF TWO AS WELL.

AND ON SLIDE SIX, JUST WANTED TO KIND OF PRESENT AN OVERVIEW OF THE DESIGN AND WHAT, UM, MAYBE JUST GET ANTICIPATE IF THIS IS APPROVED.

UH, THESE ARE, UM, LIKE WE MENTIONED BEFORE, SINGLE FAMILY HOMES THAT IN A MORE COMPACT AREA,

[00:15:02]

AND I'M TOLD SEVEN INCHES DURING THE FLIGHT, THE SORT OF INTERIORS LOOK LIKE FOR THESE, UH, PLANNED UNITS PAGE EIGHT.

UH, THOSE WERE SOME OF THE BENEFITS THAT WOULD COME TO THE CITY BASED ON THE REASONING, INCLUDING I DIDN'T SEE THE TAX TAX ROLLS OF THE CITY, UM, AND FORCING AND MAKING ENFORCEABLE THE CITY FOR OUR ZONING AND SITE DEVELOPMENT REGULATIONS AND CONNECTING PEOPLE WITH FIRE EMS, UH, WASTEWATER RECYCLING AND OTHER SERVICES.

UM, AND WE'LL ALSO BE PROVIDING NEW FAMILY FRIENDLY HOUSING IN THE FORM OF THREE AND FOUR BEDROOM UNITS, WHICH I THINK IS ESPECIALLY IMPORTANT IN THIS AREA.

WHEN WE HAVE SOME CURRENTLY UNDER ENROLLED PUBLIC SCHOOLS NEARBY ON PAGE NINE, I WANTED TO TALK ABOUT THE DENSITY AND IMPERVIOUS COVER ON THIS PROPERTY, WHERE OF COURSE, NOPE, UM, WOULD HAVE SOME 55% MAXIMUM PREVIOUS COVER UNDER THE SF SIX ZONING CATEGORY AND THIS WATERSHED, BUT I DON'T ANYTHING ABOUT HALF OF THAT.

AND WE'RE ONLY PLANNING ABOUT 4.3 UNITS PER ACRE AND 30 COVERS.

AND WE'RE ONLY PROPOSING ABOUT 15% WHEN WE'RE ABOUT MUCH MORE PAGE 10 SHOWS WORKING SLIGHTLY OUT FOR THE DEVELOPMENT, UH, EVERYTHING AND SALMON IS, UM, SOMETHING WE CANNOT DEVELOP.

UM, THE OTHER IS FLOOD PLAIN AND CRITICAL WATER QUALITIES ON, ON THE WEST SIDE OF THE PROPERTY.

WE'RE NOT ASKING FOR ANY ENVIRONMENTAL VARIANCES, WE'LL COMPLY WITH ALL OF THE CITY'S, UM, UM, DEVELOPMENT AND WATERSHED REGULATIONS, AND ALSO BE HAVING A 75 FOOT BUFFER ON THE NORTH SIDE OF THE PROPERTY, PAGE 11 AND A DRAINAGE AND DETENTION, UM, ARE, UM, SOME ISSUES IN THIS AREA.

AND SO I WANTED TO ADDRESS THAT, UH, AS YOU KNOW, THE CITY CODE REQUIRES US TO DEMONSTRATE THAT OUR DEVELOPMENT WILL NOT INCREASE, UM, ANY FLOODING RISKS ADJACENT OR NEARBY DOWNSTREAM PROPERTIES.

AND WE'RE GOING TO ACCOMPLISH THAT BY PROVIDING ONSITE, UM, WATER DETENTION AND THE WATER QUALITY PONDS TO CAPTURE MORE THAN A HUNDRED YEAR FLOOD PLAIN.

AND THAT WILL BE BASED IN THE ATLAS 14 DATA.

AND WE'LL ALSO BE HAVING A LOT OF, UM, PRESENTED AREA ON THE DOWNSTREAM SIDE OF THE PROPERTY, INCLUDING THE, UH, NATIVE PLANT SPECIES ON SLIDE 12.

UM, AGAIN, WE'RE NOT TAKING ANY ENVIRONMENTAL VARIANCES WE'RE SAYING OUT OF THE CREEK.

UM, WE'RE HAVING DOUBLE THE NORMAL WETLAND FEATURES FOR OUR BUFFER IN THE NORTH AND DOING NATIVE DROP TOLERANT LANDSCAPING.

AND THAT CONCLUDES MY PRESENTATION.

AND I'M HERE ALONG WITH CARL AND CLAYTON TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE IF YOU OKAY.

THANK YOU.

AND SO, UM, I BELIEVE THAT CARL IS CARL HERSHEY ASSIGNED UP TO SPEAK.

DOES HE WISH TO SPEAK OR, UM, MR. HERSHEY, I DID SEE HIM, BUT HE'S PART OF OUR DEVELOPMENT TEAM.

LET HIM CHAIR AND HE'S JUST HERE TO ANSWER QUESTIONS.

OKAY, GREAT.

OKAY.

THANKS.

AND THEN, OKAY.

AND THEN WE HAVE ONE PERSON SIGNED UP TO SPEAK IN OPPOSITION, MONTE WARDEN, AND MR. WARDEN, YOU WILL HAVE THREE MINUTES AND THANK YOU FOR JOINING US, UM, MONTE.

WELL, THANK YOU ALL FOR HAVING ME.

MY NAME'S MANI WARDEN.

I'VE LIVED IN THE AREA FOR 25 YEARS.

MINE.

MY HOUSE WAS ONE OF THE FIRST FOUR TO GO UP, UH, AND I'VE BEEN ABLE TO LOOK AT MOBILE CREEK EVERY DAY, NIGHTS AND WEEKENDS FOR 25 YEARS.

AND, UH, COMING OFF OF FAXED AND ROADS THE WAY THAT CREEK TURNS SO DRAMATICALLY AS TO THE NORTH AND TO THE NORTHWEST.

UH, IT JUST GOES FROM THIS NAME, JUST SOMETHING REALLY IT'S DECEPTIVE.

IT CAN BE JUST LAZY ONE MINUTE AND LITERALLY DEADLY THE NEXT.

AND, UH, MY CONCERN IS WITH THE FLOODS THAT WE HAD IN 2000 AND 2001.

AND THEN OF COURSE IN OCTOBER, 2013 AND 2015, WE WERE UNABLE TO GET OUT OF OUR NEIGHBORHOOD AND WE'RE UP CLOSER TO FAXING AND SALT SPRINGS, UH, BASED ON THE FLOODING ON MARBLE CREEK.

AND, UH, AND I UNDERSTOOD THE PRESENTATION THAT MR. KING JUST MARRIED AND, AND THEIR PLANS AHEAD.

UH, UNDEVELOPED.

I JUST, YOU KNOW, I'VE LOOKED AT IT EVERY DAY FOR 25 YEARS OUT MY BACKYARD AND I AM A CAPITALIST AND I BELIEVE IN PROGRESS AND I'VE SEEN MY HOME VALUES INCREASE TWO AND A HALF FOLD SINCE I BOUGHT THIS HOUSE.

SO I'M ALL ABOUT, YOU KNOW, PROGRESS AND EVERYTHING, BUT I ST THIS IS, THIS IS

[00:20:01]

DANGEROUS.

AND, UH, WHAT I HAVE SEEN THIS CREEK VIEW, UH, HAS BEEN MASSIVE AND, AND IT IS HUMBLING TO SEE.

AND MY CONCERN IS IF THIS IS ALLOWED WITH WHATEVER THE DEVELOPERS ARE PLANNING, YOU KNOW, TH THERE CAN BE A PIECE OF PAPER OR A SLIDE Y'ALL ARE LOOKING AT, AND YOU CAN BELIEVE THOSE, OR YOU CAN BELIEVE MY LINE EYES.

I HAVE SEEN THIS THING RAGE AND, AND BECOME A TORRENT.

AND MY CONCERN FOR Y'ALL IS AT THE, AT THE VERY BEST CASE SCENARIO YOU'RE LOOKING AT IS THIS IN POORLY WITH LITIGATION AND THE VERY WORST CASE SCENARIO, MARK, MY WORDS, I WISH THIS WOULDN'T BE TRUE, BUT IT IS.

SO THIS WILL END WITH TRAGEDY.

THAT CREEK DOES NOT MESS AROUND.

IT MEANS BUSINESS.

AND WHEN IT GETS DONE, IT IS QUICK.

I MEAN, IT, YOU KNOW, I'VE LIVED IN CENTRAL TEXAS, MY WHOLE LIFE.

MY FAMILY HAS BEEN HERE SINCE THE 1830S, AND IT IS JUST A STRAIGHT UP TYPICAL CENTRAL TEXAS CREEK THAT BECOMES A FLASH FLOOD IN A MOMENT.

AND IN 2013, 2015, WE COULDN'T GET IT OUT OF THE NEIGHBORHOOD FOR ONE WAS FOR TWO DAYS.

AND ONE WAS FOR THREE DAYS.

AND IN THAT THE WATER FROM MARBLE CREEK WAS COMING UP IN OUR BACKYARD AND WE'RE A GOOD, SOLID COUPLE OF HUNDRED YARDS AWAY.

AND I DON'T REALLY, YOU KNOW, MY CONCERN IS JUST WHATEVER THE DEVELOPER IS TELLING Y'ALL.

I KNOW THEY'RE, I KNOW THEY'RE BEING HONEST AND I KNOW THEY'RE BEING EARNEST, BUT THIS DELAY, THAT CREEP TURNS IS SO DRAMATIC.

THAT THERE'S REALLY NOTHING THEY CAN DO.

WHEN, UH, WHEN, WHEN I MET, WHEN I COME IN AND I'M, I'M TALKING ABOUT MAJOR FLOODS IN 25 YEARS, BUT AT LEAST ONE OR TWO FLOODS EVERY YEAR, ANYWAY, I DON'T WANT TO GO OVER MY TIME.

I APPRECIATE Y'ALL VERY MUCH.

UH, AND I JUST REALLY HOPE Y'ALL WILL HEAT OUR WORDS THAT, UH, DEVELOPING HERE IS GOING TO BE, UH, YOU'RE GOING TO BE A TRAGIC MISTAKE AND I HOPE IT DOESN'T GET MADE.

AND THANK Y'ALL FOR HAVING ME.

OKAY.

THANK YOU, MR. WARDEN.

AND NOW, UM, MICAH KING, YOU WILL HAVE THREE MINUTES FOR REBUTTAL.

THANK YOU, MADAM CHAIR.

UM, I TOTALLY UNDERSTAND THOSE CONCERNS THAT I THINK THAT IF YOU REALLY LOOK AT WHAT WE'RE PROPOSING AND HOW WE'RE GOING TO DO IT, AND THE RULES THAT APPLY THAT THERE WON'T BE ANY INCREASED RISK OF FLOODING TO MR. WARDEN'S PROPERTY OR OTHER PROPERTIES.

AND I WANT TO MENTION THAT WITHOUT PRESENTING AN EXCAVATION ANNEXATION, WE'RE ALREADY AT ALL TO DEVELOP THIS PROPERTY.

THE BENEFIT OF HAVING ZONING IN EXPLORATION IS THAT THIS PROPERTY THAT'S NOT FOR THE SUBJECT FOR ALL OF THE CITY'S RULES WILL BECOME SEPARATE TO ALL OF THE CITY FUELS AND REGULATIONS.

A LOT OF PEOPLE DON'T WANT TO ENACT THEIR PROPERTIES FOR THAT REASON WE WANT TO, AND WE WANT TO DO THAT.

WE'VE BEEN WANTING TO DO IT SINCE LAST YEAR BEFORE COVID HIT, AND WE HAVE AN EXHALATION PETITION ON FILE.

AND, UM, THE CASES HAD BEEN SYNCHRONIZED.

SO WE, UM, ARE DEALT WITH, WITH THE CITY WATERSHED DEPARTMENT.

UM, WE PICKED IT UP.

WE HAVE A VERY BIG DEVELOPMENT.

IT'S NOT, NOT THE, OF WHAT COULD BE DONE WITH THE PROPERTY.

AND LIKE I SAID, I COULD ALREADY BE DONE.

AND SO I THINK IT'S A GREAT OPPORTUNITY FOR THE CITY TO BE ABLE TO, UM, EXPAND ITS REGULATORY POWER OVER THIS PROPERTY.

UM, AND SO IT MIGHT BE KIND OF COUNTERINTUITIVE, BUT I THINK IT'S ACTUALLY MORE THAT THIS WHOLE TO, TO THE NEIGHBORS PROPERTY AS IT IS CURRENTLY.

OKAY.

OKAY.

THANK YOU.

AND NOW IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? OKAY.

MOTION BY COMMISSIONER DANGLER, SECONDED BY DONUT RUN, COMMISSIONER SMITH.

OKAY.

ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING, PLEASE RAISE YOUR HAND AND IT IS UNANIMOUS.

OKAY.

AND ANY QUESTIONS FOR ANY THE APPLICANT OR ANYBODY OR COMMISSIONER DUNCAN? HOW ABOUT NOW? OKAY.

THANK YOU.

I'M SORRY.

WE'VE HAD TWO POWER OUTAGES A DAY AND A COMPUTER SORT OF SLUGGISH, BUT, UM, I HAVE SEVERAL QUESTIONS.

UM, UH, I MAY ASK A FEW AND THEN MAYBE, UH, I'LL SAY AT THE OUTSET, UH, UH, I, I

[00:25:01]

THINK THAT, UH, THE ON STAFF HAS COME UP WITH, IT'S PROBABLY THE MOST SUITABLE, UH, FOR THIS PARTICULAR SITE BECAUSE OF CERTAIN CONDITIONS.

AS I LOOKED AT IT, WE'VE GOT ABOUT A 24 ACRE SITE AND ONLY ABOUT HALF OF THAT DEVELOPED, WE'LL PUT YOUR SPOTS HAPPENING.

SO AS FAR AS THE GENTLEMAN HAD JUST TALKED TO LIVED OVER ON MARBLE RIDGE OR WHATEVER IT WAS, UH, I THINK, BUT THAT CARE OF SINGLE FAMILY HOMES ON MOBILE RIDGE ARE BASICALLY FLAT BLANK.

OKAY.

I'M NOT GONNA UNDERSTAND THIS FRUSTRATION.

IT'S ONE OF A LOT OF PEOPLE, UH, IN THE CITY OF DOWN THERE, UH, WITH, UH, HOWEVER, I THINK THAT THE SITE PLAN, WHICH I'M GLAD WAS SHOWN IN THE PRESENTATION, CAUSE IT WASN'T BACKED UP SHOWS THAT THE NEAREST DEVELOPMENT IS SEVEN, 800 FEET AWAY.

IT'S, IT'S, IT'S QUITE A DISTANCE.

SO I THINK, UH, THAT, THAT CRITICAL WATERSHED, THE, UH, ALL OF THAT CLUSTERING IS PROBABLY THE ONLY ANSWER TO GET SOME TYPE OF REASONABLE RETURN ON THIS SITE.

OKAY.

I HAVE A COUPLE OF QUESTIONS.

ONE IS PRIVATE, WHICH IS ACROSS THE STREET FROM THIS AS A, WE ALL KNOW ABOUT, UH, IN THE HISTORY OF THAT W WHAT ACTUALLY IS HAPPENING ACROSS THE STREET.

IS THAT GOING TO BE AN OPEN SPACE OR IS THAT, UH, UH, TO ATTRACT JUST NORTH OF THIS? I COULDN'T REALLY TELL ON OUR BACKUP MATERIAL, WHAT IT WAS ZONED IF IT WAS ON ANYTHING OR IF IT WAS ALSO DR.

UH, SO THAT WAS JUST A COUPLE OF QUESTIONS WITH MAYBE NOT BEAR ON IT.

UH, HERE'S SOME OF THE THINGS I LIKE ABOUT IT, UH, UH, OH, THE OTHER THING IS THE APPLICANT MADE A STATEMENT, WHICH I WILL SEND DIRECTLY TO STAFF AGREES WITH ME THAT THERE IS NO MAXIMUM DENSITY OF THE SF SIX.

I DON'T THINK THAT'S TRUE.

I THINK THERE IS A MAXIMUM DENSITY BECAUSE SF SIX, IF I RECALL REQUIRES A 57 50 LOT.

AND IF YOU THAT FITS FOR SEVEN 50 INTO, UH, UH, UH, AN ACRE, YOU GET ABOUT EIGHT UNITS AN ACRE AND YOU MULTIPLY IT.

SO I THINK THAT THEY ARE PRETTY MUCH LIMITED TO ABOUT 110, 112, A PARTIAL OF FUNGUS, WHICH THEY ARE UNDER 105.

SO IT'S NOT REALLY AN ISSUE HERE.

UH, UH, THE, UH, I HAVE A COUPLE OTHER QUESTIONS THERE.

PARDON ME? OH, UH, THE OTHER THING THAT I LIKED ABOUT THE PRESENTATION, AND I THINK THIS IS GOOD WHEN THE APPLICANT MAKES THESE PRESENTATIONS SUPPLEMENT STAFF, IS THAT THEY HAD 80 OUT OF 105 UNITS, THREE BEDROOMS. UH, I WILL ASK THAT THREE BEDROOMS ARE BIGGER UNITS AND THEY'RE MOVING IT OUT INTO THE AFFORDABILITY RANGE, BUT I THINK WE NEED MORE OF THE LARGER UNITS IN THIS PART OF THE COMMUNITY FOR THE FAMILIES.

SO THE DISTRIBUTION OF LADY 25 OR WHATEVER, IT WAS 80 UNITS, THREE BEDROOMS, AND 25, TWO BEDROOMS. THAT WAS SOMETHING THAT AT LEAST APPEAL TO ME.

I DON'T WANT TO SOUND LIKE I'M AN ADVOCATE.

I MEAN, ROUGH START OF THIS PROJECT, BUT I DID THINK THAT THERE ARE SOME FEATURES OF IT.

UH, IT'S REALLY TURNS ITS BACK ON IT.

I UNDERSTAND ALL THE PROBLEMS AND AREA, BUT ALSO UNDERSTAND THAT, UH, UH, THAT THIS PARTICULAR DEVELOPMENT APPEARS TO COMPENSATE FOR A LOT OF THE, UH, OF THE PROBLEMS. UH, SO I ASKED THAT'S WHY MY QUESTIONS, I DIDN'T MEAN THEM TO BE NEGATIVE.

I MEAN THEY, YOU KNOW, PROBING AND CONSTRUCTED.

THANK YOU.

THANK YOU.

AND I AM NOW USING THE LITTLE HAND I HIT GRABBED.

SO ECHOING A LOT OF WHAT COMMISSIONER DUNCAN SAID, UM, MIXED FEELINGS HERE.

I LIKE THAT WE'RE SCRUTINIZING THIS AS MUCH AS WE ARE BECAUSE THIS IS AN AREA, UM, WHERE DEVELOPMENT OFTEN HASN'T HAD GREAT OUTCOMES.

UM, HOWEVER, UH, I HAVE TO THINK ABOUT THIS AS A HOUSING ISSUE AND SPECIFICALLY ABOUT WHERE WE HAVE THE SPACE TO BUILD THESE THREE AND FOUR BEDROOM HOMES.

UM, AND THIS IS ONE OF THE AREAS IN OUR CITY WHERE WE HAVE THE SPACE TO DO SO.

SO I THINK THAT'S REALLY IMPORTANT TO CONSIDER, UM, GIVEN OUR CITY'S AFFORDABLE HOUSING GOALS.

UM, I ALSO FUNDAMENTALLY IT'S LIKE, HOW ARE WE GOING TO BUILD HERE? DEVELOPMENT IS INEVITABLE.

AND, UM, WE CAN EITHER SAY YES TO AN EXHIBIT IN THE CITY AND UM, YOU KNOW, TAKE THE CITY'S DEVELOPMENT STANDARDS IN PLACE, THE MODEL THAT WE'RE DOING, OR WE CAN LEAVE IT AS IS AND PROBABLY GET WORSE OUTCOMES.

UM, SO THOSE ARE MY TWO POINTS.

UM, I DID HAVE A QUESTION AS WELL, WHICH WAS, I WAS READING, UM, COMMISSIONER GARY'S Q AND A, THAT WAS IN THE BACKUP.

AND IT MENTIONED THAT THERE WAS A MEETING ATD, UM, EARLIER THIS MONTH.

AND I WANTED TO JUST HEAR WHAT THE OUTCOMES WERE FROM THAT CONVERSATION.

OKAY.

COMMISSIONER RESPOND.

[00:30:01]

OKAY.

AND WHO CAN, WE WAS PRIVY TO THE MEETING.

HEY, CAN YOU HELP US OUT PENDING REPORT OF THAT MICAH, MR. ? YES.

AND, UM, I THINK THERE MIGHT HAVE BEEN, UM, UM, WITH, UM, TRAFFIC WASN'T LEADING, I DON'T THINK ATD WAS THERE, UM, JUST YET.

SO I THOUGHT IT WOULD BE, UM, THAT WE, UM, IN THE CONVERSATION.

UM, I KNOW WE HAVE, UM, WE'LL BE SUBJECT TO SOME RIGHT OF WAY DEDICATION REQUIREMENTS POTENTIALLY ON JACKSON ROAD AND THE FALLS PARKWAY.

UM, AND SO IT WASN'T THE PARK THAT THE CITY HAD ON THAT, UM, THAT WE CAN'T DO AT THAT POINT HIM RIGHT NOW.

UM, AND WE WANT TO GET NX BEFORE WE DO THE SUBDIVISION.

SO THAT'S, UM, A LITTLE WAYS OUT BEFORE WE KNOW EXACTLY WHAT ALL, UM, WILL BE REQUIRED TO DO WITH THAT.

OKAY.

THANK YOU.

AND I SEE, UM, COMMISSIONER DINKLER HAS THE LITTLE HAND UP AND THEN COMMISSIONER BRAY.

UM, I WANT TO WENDY, UH, HELP YOU CAN ANSWER, UM, MR. COMMISSIONER DUNCAN'S, UM, QUESTION, UH, AFTER READING THE BACKUP, I WONDER, OOH, WHAT'S IN THAT PUD, IS THIS OPEN SPACE OR IS THIS A PILOT KNOB THAT A LOT OF SF FOUR IN IT? AND I DO THINK YOUR COUNTS ON MCKINNEY FALLS AND FAXED FAXED AND TO A LESSER EXTENT ARE PRETTY HIGH.

NOW THIS PROJECT IS ONLY PROPOSING, UM, 105 TRIPS.

THAT'S NOT A WHOLE LOT IN THE SCHEME OF THINGS, BUT I HATE MAKING DECISIONS LIKE THIS WITHOUT HAVING THE FULL CONTEXT.

SO DO WE KNOW WHAT'S PROPOSED IN THAT AREA DIRECTLY ACROSS THE STREET? AND THEN MY SECOND QUESTION MAY BE FOR THE APPLICANT, UH, THE DRAINAGE, UH, SOME OF THE BACKUP WAS SAYING THAT THE LOT, UH, ADJACENT TO MR. WARDEN AND OTHER HOMES ON MARBLE RIDGE, I HOPE I'VE GOT THAT RIGHT.

THEIR STREET IS IT'S BECAUSE IT'S ELEVATED.

NOW.

I KNOW THEY'RE IN THE FLOOD PLAIN, BUT I ALSO SUSPECT THEY'RE GETTING RUNOFF.

SO, UM, ARE, Y'ALL STILL PROPOSING TO PIPE THE, UM, DRAINAGE TO YOUR DETENTION POND? DOES THAT PART OF THE TRACK DRAIN TOWARDS THE DETENTION POND? THOSE ARE MY, UH, QUESTIONS.

OKAY.

COMMISSIONER GENTLER.

THIS IS WENDY ROSE.

I CAN BEGIN TO ANSWER THE FIRST QUESTIONS FROM COMMISSIONER DUNKER DUNCAN, UH, WITH REGARDS TO LAND USE OR THE PROPERTY THAT'S ADJACENT TO THE NORTH.

IT IS IN THE UNINCORPORATED AREA, NOT PROPOSED FOR ANNEXATION.

UH, THERE IS AN AREA FURTHER NORTH, BUT AS THAT HAS FRONTED JOHN COLTON BLUFF SPRINGS AND MCKINNEY FALLS, THAT WAS A ZONING CASE FROM LAST YEAR.

AND THAT DID A ZONING AND GR M U C O ZONING WAS APPROVED FOR THAT.

THEY WERE INTERESTED IN DOING APARTMENTS AT THAT SITE AS WELL ACROSS THE STREET AT KNOB PUD.

THAT WAS THE SUBJECT OF A SECOND AMENDMENT.

AND THAT WAS A TOTAL OF 165 ACRES.

IT ISN'T THAT AREA THAT'S SHOWN ON THE MAP IN ITS ENTIRETY, BUT A PORTION OF IT IS SHOWN.

AND THAT WAS FOR, UM, UH, UP TO 800 ADDITIONAL DWELLING UNITS AND, AND THE, IT WAS FOR A MIX OF RESIDENTIAL, SINGLE FAMILY, UM, YOU KNOW, CONDOMINIUM APARTMENTS AND EVERYTHING IN BETWEEN.

AND THEN WITH REGARDS TO MR. DUNCAN QUESTION ABOUT DENSITY, UH, SFX ALLOWS FOR UP TO 12.4, FOUR UNITS PER ACRE, HOWEVER, DUE TO THE FLOOD, PLAIN, THAT MAXIMUM DENSITY WOULD NOT BE ABLE TO OCCUR ON THIS NIGHT.

RIGHT.

AND DO YOU KNOW IF THE PILOT KNOB SECTION, UH, HAS BEEN BUILT YET AND THE ZONING CASE, UM, THE APARTMENTS ON COLTON RIDGE IS THAT THEY'RE BUILT AND NEITHER HAS BEEN BUILT SO THAT THE COLTON BLUFF SPRINGS, UH, THAT HAS, THAT IS SHOWN ON THE AERIAL IT'S CURRENTLY IN DEVELOPED.

I DIDN'T FIND A SITE PLAN THERE, UH, PILOT KNOB, UM, UH, THE, THE SECTION ACROSS THE STREET HASN'T YET BEEN BUILT, BUT, UM, OTHER SECTIONS THAT ARE FURTHER EAST ARE UNDER CONSTRUCTION

[00:35:02]

AND THAT SECTION CLOSEST TO THIS TRACT, YOU SAID IT HASN'T BEEN BUILT.

WHAT WAS IT PROPOSED FOR RESIDENTIAL? YES.

THEN I DID INCLUDE THAT CASE AND THE RELATED, I THINK IT'S THE RELATED CASE AREA CASE HISTORIES ON PAGE THREE OF THE REPORT THAT WAS PART OF THE SECOND AMENDMENT AND IT WAS 165 ACRES AND 800 DWELLING UNITS.

NOW IT INCLUDED SEVERAL TRACKS.

THE CRA THE TRACKED ACROSS THE STREET WAS ONE OF THE LARGER ONES.

HOWEVER, THERE WERE SEVERAL OUT PARCEL OR PARCELS WAS THE PILOT NON PUD.

THEY WERE ANNEXED AS WELL AS ADDED TO THE PUD.

AND IT WAS SO, SO THAT ACREAGE WAS, UM, WAS FOR VARIOUS TRACKS WITHIN THE W WHAT WERE ANNEXED INTO THE PILOT, NON PUD.

GOTCHA.

THANK YOU.

OKAY.

OKAY.

AND COMMISSIONER BRAY.

UM, YEAH, I HAD A QUESTION.

SO THEY WERE TALKING ABOUT, UH, THE CITY OF AUSTIN, UH, LIKE BEGGING THE ANNEX TO GET INTO CITY OF AUSTIN RULES ON WATER REGULATIONS.

AND THIS IS MAYBE, I DON'T KNOW WHO WOULD ANSWER THIS, BUT IF THEY'RE NONE OF THE CITY OF AUSTIN IS THAT TRAVIS COUNTY WHO HANDLES WATER RETENTION, IF THEY'RE NOT IN THE CITY OF AUSTIN COUNTY AND LIKE, HOW ARE THERE ANY SIGNIFICANT DIFFERENCES BETWEEN THE CITY OF AUSTIN AND THE COUNTY REGULATIONS? WELL, THIS, THIS PROPERTY WOULD BE ANNEXED INTO THE CITY.

AND SO IT WOULD BE SUBJECT TO THE CITY'S, UM, DRAINAGE REGULATION RIGHT NOW IN ITS CURRENT FORM AS AN ANNEX PROPERTY IN THE COUNTY, IT WOULD BE UNDER THE CITY, UNDER THE COUNTY JURISDICTION FOR, FOR DRAINAGE, BUT IT'S PROPOSED TO BE ANNEXED.

AND THAT, THAT WOULD COME WITH CITY RULES FOR DRAINAGE.

UM, THERE AREN'T ANY, UM, PREVIOUS APPLICATION ON THIS SITE THAT WOULD AFFECT THAT AT ALL.

YEAH.

I WAS JUST KIND OF WONDERING FOR GENERAL CONTEXT ON LIKE FLOODING AND ANNEXATION, IF THERE ARE ANY DIFFERENCES BETWEEN CITY AND COUNTY THAT MIGHT IMPACT, YOU KNOW, IN TERMS OF LIKE CONTIGUOUS PARKER PROPERTIES, UM, A QUESTION FOR THE APPLICANT, ARE YOU PLANNING ON IMPLEMENTING ANY GREEN WATER INFRASTRUCTURE? LIKE ANY RAIN GARDENS OR STORMWATER CAPTURE OUR FRUITS TO TUNE WITH FLOODING? THIS IS MICA HIGH COMMISSIONER.

UM, I DON'T KNOW THE ANSWER TO THAT QUESTION, BUT, UM, CALL ON THE LINE.

UM, THOSE ANSWERS WITH THAT, MAYBE HE CAN SPEAK TO IT.

I DON'T KNOW IF WE'VE GOTTEN TO THAT FAR, UH, FAR IN THE PROJECT YET, BUT IT'S CERTAINLY SOMETHING WE CAN LOOK AT.

IT'S CALLED.

I DON'T KNOW.

LET ME GET AN ANSWER FROM, FROM YOU BACK UP AND WHILE WE'RE WAITING, I, I SAW COMMISSIONER SMITH WITH HIS HAND UP.

I THINK HE WAS GOING TO ANSWER THE QUESTION ABOUT THE WILL COVERS, UH, IF IT'S NOT ANNEXED BY THE CITY, WHERE WAS I READING YOUR MIND SMITH? YOU WERE READING MY MIND IF YOU'RE IN THE COUNTY, TRAVIS COUNTY HAS ADOPTED THE CITY OF AUSTIN DRAINAGE CRITERIA MANUALS.

SO FOR ALL PRACTICAL PURPOSES IN THE COUNTY IS THE SAME AS THE DRAIN IN THE CITY.

THAT'S NOT NECESSARILY TRUE FOR WATER QUALITY, BUT FOR DETENTION AND WATER VOLUME, IT'S THE SAME CRITERIA, JUST NOT THE SITE DEVELOPMENT STANDARDS AND HEIGHTS AND COVERAGE.

OKAY.

THANK YOU, COMMISSIONER SMITH.

AND IS CARL AND HIS CORAL NOW BACK ON THE LINE, IF NOT, WE CAN GO TO ANOTHER QUESTION UNTIL CARL COMES TO THE ANSWER.

I FLIP IT.

THIS IS MY ANSWER.

SO IT'S TWO WAS IN THERE ABOUT FOR WATER, UM, BUT WE'RE DOING A LOT OF PLANTING.

UM, AND SO IT'S JUST A LITTLE PREMATURE, I THINK, FOR US TO KNOW FOR SURE.

OKAY.

THANK YOU AND COMMISSIONER GARY.

I SEE YOU HAVE YOUR LITTLE HAND UP.

NO, THANK YOU, CHAIR KIELBASA.

I JUST WANT TO SAY I DID, I'D HAVE A QUESTION AND I DON'T KNOW IF MR. WARDEN IS STILL ON THE LINE.

UM, IT'S MY UNDERSTANDING THAT THERE HAS BEEN OH, GREAT.

[00:40:01]

OKAY.

SO MY QUESTION IS GOING TO BE, AND MAYBE STAFF MAY KNOW THIS, UH, THE QUESTION IS, HAS THERE BEEN ANY STRUCTURE SINCE I STRUCTURE SOME MEETING HOMES, BECAUSE THAT'S BASICALLY ALL, THAT'S THE DOWNSTREAM OF THIS PROPERTY THAT HAVE BEEN FLOODED IN EITHER THE 2013 FLOODS OR 2015 FLOODS, OR EVEN EARLIER HAVE BEEN AT THOSE HOMES BEING FLOODED.

AND THESE WOULD BE THE HOMES THAT ARE A LONG ALBUM CREEK OR ALLEN ROAD.

AND, UM, MAYBE THOSE SONGS THAT ARE CLOSE TO WILLIAM CANNON.

YES, MA'AM, UH, UH, ON THE, IN 2013 AND 15, UH, ACTUALLY TWO OR THREE HOMES, UH, ON THE FAR END OF MOBILE RIDGE, RIGHT THERE AT THE ALLEN ROCK.

AND, UH, AND BETH SPRAINS THERE, UH, LOST THEIR, THEIR BACK FENCE AND HAD FLOODING IN THEIR HOME.

AND I'M TALKING ABOUT MARVEL RIDGE NOW, UH, WE ARE THE SEVENTH HOUSE ON THE RIGHT FROM FAXED.

AND SO WE DID NOT EXPERIENCE SETTING WITHIN OUR HOME, BUT THREE HOMES THERE AT THE END OF, OF OUR PART OF MARBLE RIDGE BEFORE THE FLOOD PLAIN FIELD EXPERIENCE STARTING IN 2013 AND 15, AND THERE WAS NO LOSS OF LIFE, THERE WAS ALSO A PROPERTY.

AND SO, UH, THIS THING, UH, IT'S A RAGING DEAL.

AND I'M GOING TO TELL YOU I'LL UNDERSTAND THAT THERE WAS ALREADY THE RIGHT TO THE BED UP IN MY QUARTER CENTURY HERE ON THE STREET, MANY TIMES, AT LEAST A HALF DOZEN TIMES THERE HAVE BEEN SIGNED COMING UP ON THAT PROPERTY POEMS COMING SOON, DEVELOP NOW, GET YOURS NOW.

AND, AND THE, THE LIST OF THE DEVELOPERS AND THOSE SIGNS EITHER COME DOWN OR THEY JUST HAVE WITHERED AND ROTTED AWAY.

THERE ARE JUST SOME PIECES OF LAND FOLKS THAT YOU'RE JUST NOT SUPPOSED TO BUILD ON.

AND I THINK THIS IS, THIS IS ONE OF THEM, AND I UNDERSTAND THAT THE PROGRESS IS COMING ANYWAY.

I JUST REALLY WANT Y'ALL TO REMEMBER THIS CONVERSATION WHEN THIS THING DOES NOT TURN OUT WELL.

AND THAT'S, THAT'S REALLY ALL I HAVE TO SAY ABOUT IT.

AND I HOPE MR. GARY, THAT I ANSWERED YOUR QUESTION.

OKAY.

THANK YOU, MR. WARDEN FOR HANGING ON.

DID HE ANSWER THE QUESTION? YES, HE DID.

THANK YOU VERY MUCH.

AND I JUST WANT TO SHARE WITH PEOPLE SOME TESTS, BECAUSE THESE HOMES ARE SO FAR OUT AND MAYBE THE CITY IS NOT EVEN AWARE, EVEN WATERSHED.

IT'S NOT EVEN AWARE THAT SOME OF THESE PROPERTIES HAVE FLOODED.

SO HAVING THAT KNOWLEDGE 15TH, THAT INFORMATION NEEDS TO BE SHARED WITH THE WATERSHED DEPARTMENT.

UM, AND ALSO FOR THOSE, FOR THOSE TO BE THERE TALKING ABOUT THE NEED FOR HOMES, YOU NEED TO REMEMBER THAT IF WE CREATE A THERE'S DEEP ELEMENT, THAT RESULTS IN FLOODING DOWNSTREAM, THAT IMPACTS HOMES, PEOPLE ARE LOSING HOMES IN CLASSIC EXAMPLE, OR LOWER ONION CREEK AND UPPER INDIAN CREEK OVER A THOUSAND HOMES THAT HAVE BEEN IMPACTED.

CITY HAD A STEP IN DEMA, HAD TO STEP IN, IN REGARDS TO BUYOUT, AND THOSE INDIVIDUALS ARE GONE.

SO EVEN THOUGH WE NEED, WE DO NEED HOUSING, IT IS NOT, IT DOES NOT BEHOOVE US TO CREATE SITUATIONS FOR, WE LOSE ON THOSE FOR PEOPLE AND EVEN WORSE SITUATION WOULD BE, UM, IMPACT AND LOSS OF LIFE.

UM, I AM, I AM GOING TO BE SUPPORTIVE OF THIS PROPOSAL, UM, IN THE SENSE THAT IT'S GOING TO, BECAUSE OF THE, AND THANK YOU FOR THE SITE PLAN.

I BELIEVE IT WAS COMMISSIONER TINKLER THAT ASKED FOR THAT INFORMATION.

IT WAS PROVIDED.

THAT WAS HELPFUL.

I DID GO OUT THERE.

UM, I AM FAMILIAR FOR THE PROPERTY FOR THE BUILDING IS GOING TO BE, THE STRUCTURES ARE GOING TO BE UP THERE AT THE TOP OF THE HILL ALONG MARBLE CREEK.

I TOTALLY TOTALLY BELIEVE THAT THAT IS A, UM, FLASH FLOOD CREEK.

UH, MAYBE NOT AS STRONG AS ONION CREEK IS, BUT I TOTALLY DO RESPECT THE STRENGTH AND THE HYDROLOGY IMPACT THAT, YOU KNOW, LASH FLASHING FLOODS IN ON MARCO CREEK WILL HAVE.

WHAT'S GOING TO BE IMPORTANT IS THAT THE CITY STAFF BE MADE AWARE OF THE DAMAGES DONE TO THOSE HOMES DOWNSTREAM CLOSER TO WILLIAM CANNON, ALONG ELM ALONG ALUM, AND THAT EVERY MEASURE BE TAKEN TO PROTECT THOSE HOMES IN RESPONSE TO THAT, THE DEVELOPMENT HERE, MY, MY SENSE IS THAT THE DEVELOPER IS PROPOSING THE CAPTURE OF THE WATER AND THE DETENTION CREEKS, I MEAN, DETENTION PONDS.

UM, SO, UM, YEAH, I'M THINKING THAT THEY'RE LOOKING AT THAT.

I JUST THINK IT'S VERY IMPORTANT THAT THE STAFF BE MADE AWARE OF THE DAMAGE TO THE HOMES DOWNSTREAM.

I'M MOSTLY GOING TO REQUEST THAT WE BE, UH, RESIDENTS THAT HAVE BEEN INVOLVED WITH THIS PROJECT BECOME INTERESTED PARTIES SO THAT THEY CAN BE ENGAGED WITH THE COMMUNITY, PARTICULARLY WATERSHED THE PARKLANDS.

SO IF THEY CAN BE INVOLVED WITH THE DEVELOPMENT PROCESS, AS IT COMES ALONG IN ALERT STAFF, WHEN THERE'S

[00:45:01]

POTENTIAL DANGER DOWNSTREAM, UM, AND ALSO WE NEED TO LOOK AT FIRE DEPARTMENTS.

WE NEED AN ADDITIONAL FIRE DEPARTMENT FIRE STATION OUT IN THAT AREA, BECAUSE WHEN YOU HAVE PEOPLE THAT ARE STRANDED BECAUSE OF FLOODING, WHICH IS WHAT MR. WARDEN HAS ALLUDED TO THE FIRE DEPARTMENTS THAT ARE CLOSEST TO US IS THE ONES THAT IS KNUCKLES CROSSING, THAT THAT BAR STEP WILL NOT BE ABLE TO GET TO THESE, TO THIS RESIDENCE.

AND SO WE'RE CREATING THAT WHAT NEEDS TO BE REMEMBERED IS WE NEED A FIRE DEPARTMENT, UH, FIRST RESPONDERS TO RESPOND TO EMERGENCY SITUATIONS OUT THERE.

UM, AND THEN ALSO I KNOW GREEN, UM, THE GREEN INFRASTRUCTURE, UM, RAIN GARDENS THAT WILL NOT HELP IN A SITUATION OF OUR GREEN BOND.

SO I WOULD ENCOURAGE THAT THE DEVELOPERS STAY WITH THE STRATEGY OF CREATING THE UNDERGROUND DRAINAGE.

UM, IF IT'S DONE WELL, IT'LL, IT SHOULD WORK AND CREATING A STRONG DETENTION, UH, OR DETENTION POND SYSTEM.

THANK YOU.

OKAY.

THANK YOU.

AND I BELIEVE COMMISSIONER DENCKLA YOU HAVE COMMENT? DID I ALREADY, UM, UH, COMMISSIONER GARY ANSWERED MY QUESTION CAUSE I DON'T HAVE A TOPO MAP, BUT IF THE, UH, MR. KING CAN VERIFY THAT THERE IS UNDERGROUND DRAINAGE PIPE VIA THE DETENTION POND, I JUST DIDN'T KNOW IF THE TOPOGRAPHY OF THE SITE HAD THE CONSTRUCTION ON THE HIGH SIDE OF THE PROPERTY OR ON THE LOWER SIDE OF THE PROPERTY.

UM, I DON'T HAVE A TOPO IN FRONT OF ME, SO IT IS THE PROPOSAL TO DRAIN TOO.

UM, WE ARE UNDERGROUND PIPING TO A DETENTION POND.

THIS IS MIKE.

WE HAVE OUR ENGINEER CLAYTON STROLL ON THE LINE, AND I THINK HE MIGHT BE BETTER TO ANSWER THAT QUESTION FOR YOU IF YOU'D LIKE, YEAH.

CLAYTON, ARE YOU THERE? I CAN, YEAH.

CAN, CAN YOU HEAR ME NOW? YES.

YES.

OKAY.

UM, YES, THERE IS SUFFICIENT, UH, TOPOGRAPHY TO ALLOW, UH, UNDERGROUND DRAINAGE AND, UH, HAVE THE DETENTION PONDS, UM, BETWEEN THE HOMES AND THE CREEK.

THE, UM, MOST OF THE DEVELOPMENT WILL TAKE PLACE ABOUT 20, 40 FEET ABOVE THE ELEVATION OF THE CREEK, UM, WHERE THOSE HOMES THAT, UM, THE NEIGHBOR IS TALKING ABOUT IS ONLY ABOUT, UM, 12 FEET ABOVE THE ELEVATION OF THE CREEK.

SO WE WILL BE, UM, PLENTY FAR UP FROM THE, FROM THE ELEVATION OF THE CREEK AND ABOUT 10 FEET HIGHER THAN THE CURRENT FLOODPLAIN SHOWS.

UM, IF THAT ANSWERS YOUR QUESTION, IT'S THE DRAINAGE HEADING TOWARDS THE HOMES, OR IS THE DRAINAGE PATTERN DRAINING TOWARDS THE AND ROAD? THAT'S WHAT I'M TRYING TO FIGURE OUT.

HOW DOES IT DRAIN IT ESSENTIALLY DRAINS STRAIGHT TO THE WEST, UM, TOWARDS THE CREEK.

THE CREEK IS BETWEEN OUR HOMES AND THEIR HOMES.

SO WE WILL DISCHARGE IN INTO THE CREEK.

OKAY.

THERE'S TOPE ON THE BACKUP AND THAT SITE PLAN.

THERE'S TOPO LINES ON IT.

THANK YOU.

SO DO THEY, IS THIS STILL CORRECT? I'M JUST WONDERING IF THIS STILL CREATES A FLOODING ISSUE SINCE YOU'RE HIGHER THAN THE HOMES BELOW IT, THEY'RE THERE, IF THEY'RE IN THE FLOOD PLAIN, I UNDERSTAND.

BUT THEN ARE YOU ALSO, I KNOW THE RULES SAY YOU CAN'T CREATE ANY ADDITIONAL ADVERSE AND PLAQUE, BUT YOU'RE HIGHER.

UM, THERE'S A LOT I LIKE ABOUT THE PRODUCT.

I REALLY WANT TO BE CAUTIOUS ON THE DRAINAGE.

UM, I GUESS FROM THE STANDPOINT OF, UH, OF THE FLOODING IN AND WHERE IT'S DRAINING INTO, UM, OUR, WHEN I'M REFERRING TO THE, THE DEVELOPMENT, THAT'S THE, THE HOMES, WHERE ARE OUR DETENTION PONDS WILL BE A LITTLE BIT LOWER.

ALL THOSE HOMES WERE COLLECTED IN AN UNDERGROUND SYSTEM AND DRAINED DOWN TO THAT, THAT LOWER ELEVATION WHERE THOSE PONDS ELEVATIONS WILL BE ABOUT THE SAME ELEVATION AS THE, AS THE HOMES NEXT DOOR, AND NO DISCHARGE OUT OF THE POND, UH, OVERLAND INTO THAT, INTO THE CREEK, UM, TO, TO NOT AID IN, IN THE, THE FLOODING ISSUE THAT THAT'S OUT THERE.

YEAH.

AND JUST ONE THING TO ADD TO THAT IS WE'RE ACTUALLY, UM, ON THE OPPOSITE SIDE OF THE CREEK AS THE EXISTING HOMES.

AND SO WE'RE NOT GOING TO HAVE ANY RUNOFF GOING DOWN DOWNHILL INTO THE HOMES THEMSELVES.

SO, UM, AND WE ARE ELEVATED TO HIGHER ABOVE THEM IN TERMS OF THESE HOMES

[00:50:01]

ARE NOT GOING TO BE FLOODED.

UM, ONE OF THE THINGS IS A QUESTION ABOUT OUR COMMENT ABOUT, UM, FIRE SERVICES.

AND THERE IS THE GOODNIGHT RANCH FIRE DEPARTMENT THAT'S PLANNED FOR THIS AREA.

I KNOW IT'S A LITTLE BIT THE WAY THAT THEY ARE IN THE CONSTRUCTION PLANNING PROCESS, UM, FOR THE LATEST UPDATE FROM THE CITY AND THAT CONSTRUCTION SHOULD BEGIN AT THE END OF THIS YEAR ON THE FIRE STATION.

AND AT THE END OF NEXT YEAR, IT'LL BE, UM, 1.7 MILES TO THE WEST OF THE SITE.

AND SO THERE WILL BE AN ACCESS FOR FIRE SERVICES TO THIS PROPERTY, INTO THE AROUND FARMING AREA.

OKAY.

THANK YOU, COMMISSIONER DUNCAN.

OH, I WANT TO, CAN YOU HEAR ME? YES.

OKAY.

THANK YOU.

FIRST OF ALL, BETWEEN THE BACKUP AND THE CASH PRESENTATION, I MEAN, THE APPLICANT'S PRESENTATION, AS I SAID EARLIER, IT'S A LOT OF GOOD INFORMATION.

I DID NOT SEE A TOPO MAP, WHICH WOULD HAVE BEEN NICE, BUT I HATE TO BE CRITICAL CAUSE I REALLY LACKED, I THINK IT'S A ONE THE EXHIBIT WHICH SHOWS THE, UH, THE BUFFER ZONE, THE BLUE AREA.

LET ME FIRST SAY, I CAN REALLY UNDERSTAND MR. WOOD'S FRUSTRATION BECAUSE THOSE LOTS ON THE EAST SIDE OF, UH, UM, WELL, WAIT, WOULD, IT IS, UH, UH, THEY'RE ALL BLUE.

I MEAN, EXCEPT FOR A COUPLE OF THEM, I MEAN, THOSE HA IT'S UNFORTUNATE THAT WE DIDN'T DO CLUSTERING AND PROTECT THOSE AREAS, UH, WHEN IT WAS ORIGINALLY DEVELOPED, UH, I THINK TODAY WE'RE MORE SOPHISTICATED AND BEING AWARE OF THOSE THINGS AND WE'RE NOT MAKING THOSE MISTAKES.

UH, BUT, UH, MR. WARDENS, UH, WHEN I'M UP AT THIS, UH, THE EXHIBIT EIGHT ONE, NOW I LOOK AT FOLLOWING HIS, HIS PROTEST AND HIS ADDRESS.

YEAH.

HIS HOME IS IN THE BLUE AREA.

OKAY.

SO IT'S, IT'S NOT, I GUESS ALL I'M TRYING TO RECONFIRM IS, UH, I'M SURPRISED THAT MORE PEOPLE AREN'T IN, UH, CONCERNED TO TRY AND EXPRESS, UH, THE, UH, IT LOOKS TO ME LIKE THE NORTH END OF MARBLE RIDGE, THEY DIDN'T EVEN DEVELOP AT LEAST PROPORTION THE AREA WHEN OUR BACKUP, THEY WERE AWARE OF THAT.

AND IF YOU LOOK AT THE, THE, UH, THE ARIEL, UH, ALL RIGHT.

ANY LOTS OF, AT ALL, UH, UH, AS YOU GET CLOSE TO COVID-19, ARIEL IS OLD AND IT'S BEEN DEVELOPED SINCE THEN OR NOT.

BUT UNFORTUNATELY, LIKE I SAID, THE IDEA OF CLUSTERING THAT'S THE WHOLE PURPOSE OF FRUSTRATING IS TO GET US OUT OF THESE ENDANGERED AREAS.

UH, YOU KNOW, WE COULD ARGUE ABOUT THE EXACT NUMBER OF UNITS.

UH, I LOOKED AT THE SITE PLAN.

I WAS SURPRISED THIS IS NOT WHAT A LOT OF PEOPLE ARE RUNNING AROUND CALLING MISSING METAL VERSUS SINGLE FAMILY DETACHED UNITS, WHICH QUITE FRANKLY, 70% OF ALL FAMILIES ARE LOOKING FOR, UH, AND, AND NATIONWIDE AND THIS COMMUNITY.

SO I CERTAINLY, UH, YOU KNOW, MEETING DEMOS AND I, WELL, I DON'T KNOW WHAT THE PRICE IS.

I WOULD NOT WANT TO DETER THEM TO BILL THE MIX THAT THEY HAVE BY FORCING THEM TO CHANGE THAT MIX.

SO, ANYHOW, I JUST WANTED TO RECONFIRM WHAT I SAID EARLIER, BUT ALSO TO UNDERSTAND WHY, UH, THE GENTLEMAN, UH, IS FRUSTRATED AND DOESN'T WANT ANY MORE, ANY MORE PROBLEMS IN THAT AREA.

ABSOLUTELY NOT.

THANK YOU.

OKAY.

IS THERE A MOTION OR DOES ANYBODY WANT TO SAY COMMISSIONER SMITH? I'LL GO TO YOU.

OKAY.

UM, YEAH, FROM AN ENGINEERING STANDPOINT, THIS IS ABOUT AS GOOD AS YOU'RE GOING TO GET ON THIS PIECE OF LAND.

UM, IT DRAINS INTO THE CREEK, IT'LL GO THROUGH DETENTION, IT'LL HAVE UNDERGROUND DRAINAGE.

THEY WON'T CONTRIBUTE TO LOCALIZED, RAINY.

DO YOU WANT TO CONTRIBUTE TO REGIONAL DRAINAGE? UM, AND BASED ON MY REVIEW AND I'LL MAKE A MOTION TO APPROVE STAFF RECOMMENDATION.

OKAY.

AND SECONDED, IT LOOKS LIKE BY COMMISSIONER KOSTA AND, UM, ANY FURTHER COMMENTS OR JUST GO, UH, COMMISSIONER KING.

YEAH.

YES.

THANK YOU, CHAIR.

I DID HAVE A QUESTION, UH, ABOUT, UH, ONE OF THE COMMENTS IN THE BACKUP.

I WASN'T CLEAR ABOUT, UH, UH, THE, THESE UNITS.

ARE THEY RENTAL UNITS OR ARE THEY MARKET RATE FOR CELL UNITS? AND THAT'S A QUESTION FOR THE APPLICANT.

YEAH.

THIS IS MIKE KING, UH, COMMISSIONER KING.

UH, THIS IS, UH, FOUR RENTAL UNITS.

UM, THE DEVELOPER IS ALSO GOING TO BE THE OWNER OF THE HOUSES AND WHILE THEY ARE FOR RENT, UH, THEY'LL BE, UM, ACCESSIBLE TO MORE PEOPLE THAN NORMAL BECAUSE AS YOU COMPARE COMPARABLE HOMES IN THE AREA, WHAT

[00:55:01]

THAT WOULD COST A FAMILY TO AFFORD PER MONTH, YOU'RE LOOKING AT ABOUT A $780 PER SAVINGS A MONTH WHEN YOU TALLY FOR ALL THE COSTS OF HOME OWNERSHIP IN THIS AREA.

SO, UM, THEY ARE FOR RENTAL, UM, AND HOPEFULLY WE'LL PROVIDE, UH, MORE HOUSING OPPORTUNITIES AND OTHER HOMES THAT ARE FOR SALE.

OKAY.

AND THERE WAS ALSO SOME COMMENT, I THINK, IN THE FEEDBACK FROM THE CRIMINAL PUBLIC ABOUT A CREEDMORE MAHA WATER SUPPLY CORPORATION, WATER TANK WAS LOCATED ON THIS SIDE.

IS THAT, IS THAT CORRECT? AND WHAT, WHAT IMPLICATIONS DOES THIS DEVELOPMENT HAVE FOR THAT WATER TANK IF IT'S THERE? YES.

SO THE QUESTION, SO THIS IS A WATER TANK OR A PRIVATE WATER COMPANY, AND THAT'S ALREADY EXISTING.

UM, THEY HAVE THE RIGHTS TO HAVE THE EASEMENT RIGHTS OVER THAT PART OF THE PROPERTY.

UM, IT IS UPHILL.

UM, I THINK YOU LOOK, UM, UPHILL OF THE, THE REST OF THE PROPERTY.

SO IT'S NOT LIKE WATERSON, IT'D BE FLOWING, UM, INTO THAT AREA.

UM, AND I DON'T, YOU KNOW, WE'LL HAVE TO CALL IT THE CITY'S REGULATIONS AND REVIEW PROCESS, BUT I DON'T FORESEE ANY ISSUES THERE.

AND COULD YOU HELP ME UNDERSTAND, IS THAT, IS THAT WATER SUPPLY, UH, IS THAT TANK, IS THAT WATER TANK? HOW IS IT SUPPLIED? IS IT, IS IT, DOES IT THE UNDERGROUND WATER? THAT'S IT UNDERGROUND WATER ON THE SITE? I CAN I STEP IN HERE BECAUSE I THINK THAT IS, I DON'T THINK THAT REALLY PERTAINS TO THE ZONING.

SO IF YOU WILL, I THINK IT IS IMPORTANT BECAUSE I JUST WANT TO UNDERSTAND WHAT THE DEVELOPMENT, HOW IS THAT WATER IS THAT WATER THAT'S IN THAT WATER TANK THAT SUPPLIES OTHER HOUSES THERE ARE OTHER, OTHER SOURCES, IS THAT, IS THAT WATER SUPPLIED FROM UNDERGROUND ON THIS SIDE? AND IF IT IS THE DEVELOPMENT ON THIS SIDE, CERTAINLY HAS I THINK POTENTIAL IMPACTS ON THAT.

THAT'S ALL I WANT TO, YEAH.

AND MIGHT BE ABLE TO HELP IF I CAN.

UM, THAT IS A SERVICE EXTENSION REQUEST.

SO THE CITY WILL BE PROVIDING WATER.

IF IT'S OTHER TRACKS, THEY'LL, THEY'LL GET THEIR TANKS.

THAT'S WHY IT IT'S REALLY NOT TOTALLY GERMANE.

UM, I JUST NEED TO UNDERSTAND THAT WATER THAT'S IN THAT TANK.

IS IT, IS IT, IS IT WATER THAT'S INTENDED TO SUPPLY DRINKING WATER TO HOUSES OR IN THE AREA? THAT'S ALL I WANT TO KNOW.

AND IS THAT WATER THAT'S IN THAT TANK SOURCE FROM THIS SIDE ITSELF WHERE THE DEVELOPMENT IS GOING TO OCCUR? THAT'S ALL I NEED TO UNDERSTAND IF IT'S NOT, IF IT'S NOT SOURCED FROM THIS SIDE, IF IT'S JUST A TANK THEY'RE CONTAINING WATER, THAT'S BROUGHT IN, THEN, THEN DISTRIBUTED, THEN I DON'T HAVE A CONCERN.

THAT'S ALL I'M TRYING TO DO.

I CAN, IF I CAN CHIME IN ON MY MOTION, UM, IF IT IS GROUND WATER, I DON'T KNOW WHAT THE SOURCE OF WATER IS.

THEN IF IT IS GROUND WATER FROM A WELL, THE STATE HAS WELL SETBACKS, YOU CAN'T DEVELOP CLOSE TO THOSE WELLS.

SO REGARDLESS OF WHERE THE SOURCE OF WATER COMES, IT WILL BE ADDRESSED BY A TOTALLY DIFFERENT GROUP OF ORDINANCES RUN BY THE STATE, WHICH MAKES IT NOT A PART OF THE ZONING REQUIREMENTS.

WELL, I UNDERSTAND, AND I APPRECIATE THAT COMMISSIONER SMITH.

I WOULD JUST, I WOULD JUST TRY AND UNDERSTAND THE POTENTIAL IMPACT THAT DEVELOPMENT ON THIS SITE COULD HAVE ON WATER.

THAT'S PRODUCED FROM THIS SIDE FOR, FOR CONSUMPTION.

YOU KNOW, THAT'S ALL IT IS.

I JUST WANT TO SAY THIS TABLET TO THE SETBACK.

OKAY.

I UNDERSTAND.

THANK YOU VERY MUCH.

AND THANK YOU CHAIR FOR LETTING ME GET THIS QUESTION OUT ON THE TABLE.

I APPRECIATE IT.

AND SAY, I'LL JUST SAY IF I MIGHT, THAT I, I DO SEE WHERE THIS IS A, YOU KNOW, WHEN YOU LOOK AT THIS CASE FROM DIFFERENT PERSPECTIVE, FROM ONE PERSPECTIVE, IT LOOKS LIKE THEY'RE TRYING TO DO THE BEST, THE BEST THEY CAN, BUT I DO HAVE A CONCERN ABOUT SAYING, YOU KNOW WHAT, WE'RE GOING TO WORK.

YOU KNOW, IF YOU DON'T GIVE US THIS SF SIX ZONING, THEN WE'RE NOT GOING TO, UH, WE, WE DON'T WANT TO BE, UH, AN EXTENT OF THE CITY.

SO IT'S ALMOST LIKE IT'S A THREAT.

AND I DON'T, I, I, I'M NOT SURE.

I DON'T, I'M NOT SAYING IT WAS, BUT I JUST, I JUST WORRY ABOUT HAVING THESE KINDS OF, I APPRECIATE BEING IN, I APPRECIATE THE FACT THAT, THAT I WANT TO COME INSIDE THE CITY'S JURISDICTION.

I DO SEE THE VALUE AND THE BENEFIT FROM THAT, WHAT I'M SAYING IS THAT MAKING OUR ZONING DEPENDENT ON THAT IS A LITTLE BIT CONCERNING TO ME.

SO I DO HAVE A FEW CONCERNS ABOUT THIS CASE ABOUT THIS CASE.

ALTHOUGH I DO SEE THAT THERE ARE SOME GOOD BENEFITS AND VALUE FROM IT.

OKAY.

THANK YOU.

AND ARE WE READY TO VOTE OR COMMISSIONER BRAY? OKAY.

UM, ANY MORE QUESTIONS, IF NOT, WE'LL JUST, OKAY, GO AHEAD.

COMMISSIONER BRAY.

YEP.

SO, UH, THIS IS, UH, I DON'T KNOW IF YOU HAVE ANY WATER QUALITY THING FROM STAFF OR PEOPLE, NOT WATER QUALITY, BUT DRAINAGE.

UH, WE TALK ABOUT NO ADVERSE IMPACT, BUT I, I FEEL LIKE THE NO, NO ADVERSE IMPACT INDOORS, THE PRODUCT CONTEXT THAT LIKE, JUST BECAUSE IT'S NOT DEVELOPED DOESN'T MEAN THAT IT'S IDEAL.

LIKE IT KIND OF ALMOST

[01:00:01]

STARTS FROM THE ASSUMPTION THAT THE THING, UH, DEVELOPED IS LIKE THE LEAST AMOUNT OF RUNOFF THAT'S GOING TO CREATE FLOODING.

AND THAT'S JUST, I MEAN, I'M NOT AN EXPERT WATER QUALITY OR PLASTIC, WE'RE ALL LEARNING, BUT, YOU KNOW, I WOULD WANT TO THINK ABOUT MORE, WHAT OPPORTUNITIES ARE THERE FOR LIKE, TO ACTUALLY BUILDING INFRASTRUCTURE CONTROL WATER? HOW MUCH IS THAT BETTER THAN UNDEVELOPED AND IN A SITUATION LIKE THIS, WHERE WE DO HAVE MORE FLOODING IN THE AREA, WOULD IT MAKE SENSE TO REQUIRE THAT IT'S NOT JUST NEW ADVERSE IMPACT, BUT IT IS IMPROVING ON THE CURRENT SITUATION, UH, YOU KNOW, BY BUILDING INFRASTRUCTURE, BEYOND WHAT IT TAKES TO BE KNOWN FOR ITS IMPACT THAT ACTUALLY CREATED LESS POTENTIAL FOR FLOODING THAN IF IT WAS UNDEVELOPED.

UM, AND IT JUST, IS THERE SOMETHING STEPH IS LEGALLY ABLE TO DO? IS THAT SOMETHING THAT YOU CONSIDER DOING? BECAUSE I WORRY THAT WE'RE A LITTLE TOO LOSS AVERSE SOMETIMES TO THE SENSE THAT WE'RE NOT LOOKING FOR OPPORTUNITIES TO GO BEYOND AND IMPROVING THE FLOODING SITUATION, NOT JUST, NOT, NOT JUST NOT MAKING IT WORSE, BUT, OR WE MAKE, CAN WE MAKE IT BETTER? ARE WE LOSING OPPORTUNITIES TO MAKE IT BETTER BY JUST SAYING NO ADVERSE IMPACT? AND, UM, WENDY, CAN YOU ANSWER THAT, UH, CHAIR KIELBASA? I I'M AFRAID I DON'T HAVE THE, THE DRAINAGE EXPERTISE, UH, TO BE ABLE TO ANSWER A QUESTION LIKE THAT THIS AT THE TIME OF FLIGHT PLAN, THE APPLICANT WILL BE REQUIRED TO SUBMIT A DRAINAGE STUDY AND, AND SHOW THAT THERE AREN'T ANY ADVERSE IMPACTS, BUT THAT, UM, I, I'M SORRY, I'M NOT ABLE TO EXPAND ON THAT.

OKAY.

WELL, UH, THANK YOU.

AND ANY OTHER, ANY OTHER QUESTIONS OR IF THE APPLICANT CAN SPEAK TO THE ADVERSE DRAINAGE, BUT I THINK WE'VE, I THINK WE'VE, I THINK WENDY WOULD HAVE BEEN THE BEST PERSON TO SPEAK TO THAT OR COMMISSIONER THEORY.

THAT'S WHY I ADDED THE COMMENT AND ASKED MR. WARDEN ABOUT ANY FLOODING OF THE HOMES THAT MAYBE THE CITY WAS NOT AWARE OF.

AND IT'S HAVING THAT KNOWLEDGE THAT HELPS US SEE THE, OUR PLAN FOR THOSE ADVERSE IMPACTS.

YEAH.

AND IT WOULD BE THE ONES THAT WOULD FIT HER ANSWER TO THE NECKLACE THROUGH THAT PROCESS.

OKAY.

THANKS.

SO IT SEEMS LIKE WE DON'T HAVE ANY, SO WE, WE JUST DON'T HAVE ANYBODY WHO CAN ANSWER THAT RIGHT NOW.

AND THAT IS FINE UNLESS YOU WANT TO POSTPONE OR, BUT, OKAY.

COMMISSIONER DANCLER I SEE YOU.

AND THEN, HEY, UH, COMMISSIONER SMITH MIGHT BE ABLE TO ANSWER THIS.

IF FOLKS ARE REGISTERING AS INTERESTED PARTIES AND ASKING A LOT OF QUESTIONS ABOUT DRAINAGE, I THINK THEY TEND TO PUSH THE STAFF TO REALLY LOOK AT THINGS AND SEE IF THEY CAN FIND WAYS TO IMPROVE THE DRAINAGE PATTERNS.

I DON'T KNOW IF THEY CAN LEGALLY REQUIRE BETTER.

THAT WOULD BE A SUPERIORITY ELEMENT SAY IN A PUD.

UM, THAT'S ONE OF THE POTENTIAL ELEMENTS ON A PUD.

AND I SUSPECT AS COMMISSIONER DUNCAN POINTED OUT THAT SOME OF THESE HOMES MAY NOT HAVE EVEN BEEN IN THE FLOOD PLAIN, UH, PRIOR TO ATLAS THAT, THAT, THAT WAS ALSO PART OF THE PROBLEM.

SO SHE'S RIGHT.

WE NEED TO PUSH THEM TO DO THIS.

UH, BUT ONE REASON FOR APPROVING THE ZONING AND HAVING WATER SERVICE IS YOU'RE NOT PUTTING IN SEPTIC THERE.

UM, I THINK THE WATER STAFF AND THE ENVIRONMENTAL STAFF HAVE BEEN REALLY TRYING TO WORK ON A SOLUTION FOR THIS PROPERTY.

IF YOU REMEMBER THE LAST TIME WE LOOKED AT THIS PROPERTY, THEY WERE TRYING TO PUT THE PIPE IN THE CREEK.

SO, UH, AN ENVIRONMENTALLY THAT WAS A NO WIND.

SO I'M, I'M GOING TO SUPPORT THE MOTION.

AND I HOPE THERE ARE A LOT OF EYES ON THE DRAINAGE.

IT SOUNDS LIKE WE HAVE OUR COMMENTS ALL TAKEN CARE OF.

SO I'M VOTING ON THE MOTION TO APPROVE STAFF RECOMMENDATION, ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND.

AND I WILL SAY KOBASA COMMISSIONER DANGLER, COMMISSIONER RAY COMMISSIONER, GARY COMMISSIONER KING, ACTUALLY, IT'S UNANIMOUS.

THAT'S GREAT.

OKAY.

THANK YOU.

AND THANK YOU FOR EVERYBODY WHO PARTICIPATED AND THANK YOU, MR. WARDEN FOR STICKING WITH US.

AND THAT IS THAT.

AND NOW I UNDERSTAND

[B1. Rezoning C14-2020-0121 - Holland Stone; District 5 (Part 2 of 2)]

THAT FOR B ONE,