* 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. [00:00:04] WE HAVE ENOUGH FOLKS, ALTHOUGH I KNOW WE'RE WAITING ON OTHER COMMISSIONERS, BUT I'D LIKE TO [CALL TO ORDER] CALL THE REGULAR MEETING OF THE ENVIRONMENTAL COMMISSION TO ORDER ON OCTOBER 6TH, 2021 AT 6:04 PM. UH, LET'S DO A QUICK ROLL CALL. UM, COMMISSIONER QURESHI, COMMISSIONER SCOTT, COMMISSIONER THOMPSON, UH, COMMISSIONER CORN HERE. COMMISSIONER ROMBERG, COMMISSIONER BRISTOL HERE. UH, COMMISSIONER BARRETT, NOT HERE TONIGHT. UM, COMMISSIONER GUERRERO, COMMISSIONER BRIMMER HERE. COMMISSIONER BEDFORD HERE. OKAY. AND KAYLA, IF WE NEED TO DO ANOTHER ROLL CALL ONCE I KNOW THERE'S SOME OTHER FOLKS JOINING, WE CAN, WE CAN ADD THOSE FOLKS ON. RIGHT. GREAT. UH, [CITIZEN COMMUNICATION: GENERAL] WE DO HAVE ONE ITEM FOR CITIZEN COMMUNICATION BEFORE WE GET INTO OUR AGENDA. UH, I BELIEVE WE HAVE, UH, LET'S SEE, PAUL, IS IT PAUL? OKAY. HI, PAUL. UH, YOU'RE WELCOME TO COME UP AND YOU'LL HAVE THREE MINUTES TO SPEAK AND GO AHEAD AND, UH, INTRODUCE YOURSELF, UH, WHEN YOU GET TO THE PODIUM, I HAVE TO WEAR IT. OKAY. UM, MY NAME IS PAUL BARNES. I SPENT THE BETTER PART OF 40 YEARS MANAGING FORTUNE 100 COMPANIES AND FORTUNE 500 COMPANIES AS EITHER A VICE PRESIDENT OR DIRECTOR. AND 15 YEARS AGO, I GOT INTO K EDC, KITCHEN EXHAUST, DUCT CLEANING EVERY COMMERCIAL KITCHEN EVERYWHERE IT'S REQUIRED BY FIRE CODE AND HAVE THEIR KITCHEN EXHAUST SYSTEMS. CLEAN PROBLEM IS IN AUSTIN HAS GOT IT. IS THOSE VENDORS THAT DO THAT FOR THE RESTAURANTS USE COST OF CHEMICALS. SO ON AVERAGE, 4,000 COMMERCIAL KITCHENS IN CENTRAL TEXAS THAT COMES TO 25,000 GALLONS OF HAZARDOUS WASTE BEING ILLEGALLY DUMPED EVERY MONTH RIGHT HERE IN AUSTIN IS HILLY CARCINOGEN. AND IF YOU HAVE ANY OF THAT INFORMATION THAT I SENT OUT BEFORE, UH, ACCORDING TO CHILDREN'S ENVIRONMENTAL HEALTH INSTITUTE, 17% OF CHILDREN BORN BIRTH DEFECTS ARE DIRECTLY ATTRIBUTED TO THIS TYPE OF ILLEGAL HAZARDOUS WASTE DUMPING. WHAT THIS HAS TO DO WITH AUSTIN'S GREASE BLOB IS IT'S NOT JUST A GREASE TRAP IN A RESTAURANT. UM, THE INFORMATION THAT I'VE GIVEN YOU FROM, UH, A ENVIRONMENTAL CHEMIST STATES THAT ONCE THESE HOODS ARE CLEAN, THE WASTE IS NOT DISPOSED OF PROPERLY TO AVOID THE COST. IT BYPASSES THE GREASE TRAP, AND IT GOES STRAIGHT INTO THE MUNICIPAL DRAIN. YOU PROBABLY NEVER HEARD OF THAT BEFORE. AND, UM, PART OF THAT REASON IS BECAUSE RESTAURANTS DON'T WANT THAT TO GET OUT AND THEY WON'T CHANGE. SO THE OTHER ALTERNATIVE IS, UH, SUSTAINABILITY, WHICH DOES NOT USE CHEMICALS SO THAT THE WASTE CAN BE RECYCLED. WHAT GOES DOWN THE DRAIN? UM, SAFE KITCHEN ALLIANCE.ORG IS THE GATEKEEPER. SO TO SPEAK, THEY LIST ALL THE EPA COMPLIANT, COMMERCIAL KITCHENS AND ANY RESTAURANT OR WHATEVER CAN GO THERE. I'M PICKING ON RESTAURANTS BECAUSE, UH, CENTRAL TEXAS, 95% OF THE HOSPITALS ARE ALREADY USING THE SUSTAINABILITY TECHNOLOGY. THEY'VE GOT AWAY FROM THE TOXIC CHEMICALS, UNIVERSITY OF TEXAS, APPLE, DELL. SO ALL THE REPUTABLE, UH, COMMERCIAL KITCHENS HAVE SWITCHED. CAN'T MOVE THE RESTAURANT AND WE HAVE A SUGGESTION, NOT JUST BRINGING THE PROBLEM SINCE THE CITY OF AUSTIN ALREADY REQUIRES US TO ENTER IN, UH, WHAT WE DO WITH OUR WASTE. WHY CAN'T WE DO THAT SPECIFICALLY FOR COMMERCIAL KITCHEN EXHAUST US WASTE EXHAUST DECK WASTE. UH, THERE IS NO OTHER WAY TO BREAK THIS THING DOWN THREE MINUTES. SORRY. THAT'S A LITTLE STARTLING IF YOU'VE NEVER SPOKEN BEFORE. THANKS MR. BARNES, AND YOU HAVE ANY QUESTIONS. YOU HAVE MY INFORMATION. IT'S NOT PRETTY WHAT'S GOING ON. YOU KNOW, UH, SOMEBODY IS GONNA HAVE TO DO SOMETHING. THANK YOU, MR. BARNES. AND, UH, JUST A REMINDER TO FOLKS, UH, WE'RE NOT ALLOWED TO DISCUSS, UH, JUST SINCE WE'RE NOT POSTED FOR IT, BUT, UH, WE'LL CERTAINLY FOLLOW [00:05:01] UP IF THERE ARE COMMISSIONERS, UH, ABLE TO DO SO. THANK YOU. [1. APPROVAL OF MINUTES AND ACTION] ALL RIGHT, NEXT UP, WE WILL MOVE TO ITEM ONE, A APPROVAL OF MINUTES AND ACTIONS. WE'RE LOOKING AT THE APPROVAL OF THE SEPTEMBER 15TH, 2021 ENVIRONMENTAL COMMISSION, REGULAR MEETING MINUTES. SO EVERYONE HAD A CHANCE TO LOOK AT THOSE. I MOVED TO APPROVE ALL SECOND. I HAVE A FIRST BY COMMISSIONER HAMBURG AND A SECOND BY COMMISSIONER BRISTOL. UH, ALL THOSE IN FAVOR. AYE. AND WE HAVE, UH, COMMISSIONER BARRETT AND COMMISSIONER THOMPSON ON A VIRTUAL WITH US. OKAY. WE'LL MOVE ON [2.a. Introduction with Councilwoman Fuentes and flood resilience priorities (25 minutes)] TO ITEM TWO A THEN, UH, WE'LL HAVE AN INTRODUCTION WITH COUNCILWOMAN FUENTES AND FLOOD RESILIENCE PRIORITIES. THANKS SO MUCH FOR JOINING US. HI EVERYONE. GOOD EVENING. UM, GOOD EVENING CHAIR, VICE CHAIR, COMMISSIONERS. REALLY THRILLED TO BE ON THE OTHER SIDE OF THE DEUS RIGHT NOW. UH, MY NAME IS VANESSA AND I'M AUSTIN CITY COUNCILMAN FOR DISTRICT TWO, REPRESENTING SOUTHEAST AUSTIN. UM, I WANTED, IT WAS IMPORTANT FOR ME TO HAVE AN OPPORTUNITY TO INTRODUCE MYSELF, UH, TO THE COMMISSION I'VE BEEN IN OFFICE NOW FOR NINE MONTHS. IT'S BEEN QUITE THE NINE MONTHS WHEN YOU THROW IN A WINTER STORM IN THE MIDST OF IT. UM, AND WHAT WAS IMPORTANT FOR ME AS ONE WHO HAS TAKEN OFFICE THIS YEAR AMID A GLOBAL PANDEMIC AND W YOU KNOW, AND HAD TO NAVIGATE THE WINTER STORM WAS REALLY WORKING ON AND PRIORITIZING ENVIRONMENTAL JUSTICE, WHICH IS WHY I'M HERE TODAY, UH, TO SHARE A LITTLE BIT ABOUT THE WORK THAT MY OFFICE IS DOING, AND SOME OF THE PRIORITIES THAT WE HAVE FOR DISTRICT TWO, UM, DURING, UH, SOMETHING TO KNOW ABOUT MY DISTRICT IS THAT WE ARE A RESILIENT COMMUNITY DURING THE, UH, CATASTROPHIC AND DEADLY HALLOWEEN FLOODS OF 2013 AND THE FLOODS OF 2015. UH, WE SAW, UH, SEVERAL HUNDRED FAMILIES DISPLACED AS A RESULT OF THESE DANGEROUS FLOODS. AND, UH, WHAT I LOVE ABOUT MY COMMUNITY IS THAT RESILIENCY THAT WE'VE EXPERIENCED, UM, AND THAT WE'VE BEEN THROUGH. AND SO AS WE CONTINUE TO TAKE A STRONG STANCE ON COMBATING CLIMATE CHANGE AND ADDRESSING THE CLIMATE CRISIS, UH, FOR ME, I'M ALWAYS LOOKING AT HOW CAN WE REMAIN ENGAGED HERE LOCALLY ON FLOOD MITIGATION OPPORTUNITIES. SO RESIDENTS HAVE EXPRESSED TO ME THE NEED FOR INCREASED COMMUNITY SUPPORT FROM GOVERNMENT, INCLUDING IMPROVED DRAINAGE STANDARDS FOR BOTH NEW DEVELOPMENT AND REDEVELOPMENT, INCREASING THE PACE AT WHICH CITY DOES DRAINAGE PROJECTS THAT IS CONSTANTLY BROUGHT UP AS AN AREA OF CONCERN TO MAKE SURE THAT WE ARE TRULY EXPEDITING OUR DRAINAGE INFRASTRUCTURE. I'M ALSO LOOKING AT HOW CAN WE PROVIDE FINANCIAL ASSISTANCE FOR A LOT TO LOT IMPROVEMENTS AND THE ADOPTION OF IMPROVED, IMPROVED A FLOODPLAIN REGULATIONS FOR UPSTREAM NEIGHBORS. IN 2020 BEFORE I WAS ELECTED CITY COUNCIL PASSED A COMPREHENSIVE COMMUNITY RESILIENCE PLAN TO CREATE A NEW FRAMEWORK FOR RESILIENT STRATEGY, WHICH WAS SUPPORTED BY AN ACTION PLAN THAT CENTERS EQUITY AND HOLISTICALLY ADDRESSES ENVIRONMENTAL AND ECONOMIC AND SOCIAL AND RACIAL DISPARITIES FOR MEMBERS OF OUR COMMUNITY. AND SINCE THEN, UM, IN FACT, THE VERY FIRST COUNCIL MEETING THAT I HAD, UH, AS A NEW COUNCIL MEMBER, I BROUGHT FORWARD POLICY ON BLOOD RESILIENCE, KNOWING JUST HOW IMPORTANT IT IS TO MY COMMUNITY. AND I WAS REALLY HAPPY TO HAVE A UNANIMOUS SUPPORT FROM MY COLLEAGUES AND THAT POLICY DIRECTED CITY STAFF TO DEVELOP A SCOPE OF WORK SCOPE OF WORK AROUND THE IMPLEMENTATION OF A RESILIENT AND EQUITABLE COMMUNITY PLAN, UH, AROUND FLOOD MITIGATION, AND TO LOOK AT HOW CAN WE BEST ADDRESS THE ECONOMIC AND SOCIAL RECOVERY OF INDIVIDUALS EXPERIENCING THE DEVASTATING FROM FLOODING EVENTS IN THE ONION CREEK WALNUT CREEK, SHOAL CREEK, WILLIAMSON CREEK BULL CREEK, AND ALL OF OUR CITY WATERSHEDS, UM, THROUGH THAT WORK, UM, THAT WAS THE FIRST RESOLUTION I PASSED. AND WE GOT A MEMO BACK FROM CITY STAFF AND IDENTIFIED ADDITIONAL, UH, POTENTIAL OPPORTUNITIES FOR US TO LOOK AT AS A POLICY FOLLOW-UP. AND ON NEXT WEEK'S COUNCIL AGENDA, I'M BRINGING FORTH A PART TWO TO THAT FLOOD RESILIENCE PLAN, UH, TAKING RECOMMENDATIONS FROM CITY STAFF AND THAT POLICY AS A FOLLOWUP WE'LL LOOK FOR, HOW CAN WE PROVIDE MORE AFFORDABLE AND FINANCIAL TOOLS FOR FLOOD-PROOFING, UH, LOOKING AT EMERGENCY PREPAREDNESS TRAINING, AND, UM, ALSO LOOKING AT, YOU KNOW, WHAT OTHER PROGRAMS MAY OUR NEIGHBORS IN ALL THROUGHOUT AUSTIN? WHAT OTHER PROGRAMS MAY THEY QUALIFY FOR THROUGH FEMA'S BUILDING RESILIENT INFRASTRUCTURE AND COMMUNITY. SO UNDERSTANDING THE LANDSCAPE OF ALL THE ASSISTANCE PROGRAMS THAT WE HAVE AVAILABLE AT THE LOCAL STATE AND FEDERAL LEVELS. UM, AS WE KNOW, D TWO IS HOME TO MANY LOW INCOME FAMILIES, MANY OF WHICH HAVE [00:10:01] FACED THE CATASTROPHIC DISASTERS IN THE PAST. AND UNFORTUNATELY WE KNOW THAT THESE TYPES OF COMMUNITIES TEND TO HAVE LESS OF A CAPACITY TO COPE WHEN SUCH DISASTERS STRIKE DUE TO LACK OF ACCESS TO CRITICAL INFRASTRUCTURE. UM, LOOKING AT SYSTEMIC EXCLUSION, INSTITUTIONAL BARRIERS, AND LIMITED MOBILITY. UM, I ALSO WANT TO TAKE A MOMENT THAT RACE IS STRONGLY CORRELATED WITH THESE DISPARITIES, UM, AND THAT INCLUDES DISPARITIES IN HEALTH AND VULNERABILITY TO NATURAL HAZARDS. AND SO, UH, FOR OUR COMMUNITIES OF COLOR ARE PARTICULARLY VULNERABLE IN TIMES OF DISASTER. AND THAT ALSO INCLUDES EXTREME HEAT EVENTS, UM, DUE TO MANY, UH, PHYSICAL AND CULTURAL BARRIERS. AND, UH, AND SO JUST KNOW THAT WORK IS COMING FORWARD NEXT WEEK. AND I HOPE, UM, YOU'LL HAVE A CHANCE TO TAKE A LOOK AT THAT. UH, IN ADDITION, UH, BIG NEWS JUST LAST WEEK, A CITY COUNCIL ADOPTED THE CLIMATE EQUITY PLAN. YES. THANK YOU, VICE CHAIR FOR YOUR INCREDIBLE WORK ON THAT AND BRINGING IT FORWARD. IT REALLY SET A NATIONAL STANDARD OF HOW TO DO COMMUNITY ENGAGEMENT. AND, UM, THROUGH THAT, THROUGH THE CLIMATE EQUITY PLAN, THAT WE HAVE SET A, AN AMBITIOUS AND BOLD GOAL TO REDUCE OUR CARBON EMISSIONS BY THE YEAR 2040 TO GET TO NET NEUTRAL NET ZERO BY THEN. AND SO, AND IT'S CRITICAL NOW MORE THAN EVER THAT WE HAVE POLICY LEADERS AT EVERY LEVEL OF GOVERNMENT TAKE ACTION. AND SO I WANTED TO BE HERE WITH YOU ALL TO SAY, I AM AN ALLY IN THIS SPACE. I'M A CHAMPION IN THIS SPACE. ENVIRONMENTAL JUSTICE IS REALLY IMPORTANT TO ME AND MY COMMUNITY. UH, AND SO I, UM, WHAT JUST WANTED TO OPEN IT UP AND SAY MY OFFICERS AS A RESOURCE TO YOU AND YOUR COMMISSION. UM, AND I HOPE THAT YOU CAN COUNT ON US, SHOULD ANY IDEAS OR RECOMMENDATIONS COME FORWARD AS AN OFFICE THAT WOULD BE SUPPORTIVE. THANK YOU. THANK YOU SO MUCH. UH, WE'LL GO AROUND AND SEE IF FOLKS HAVE QUESTIONS IF YOU HAVE FOR THAT. SURE. YEAH. UH, COMMISSIONER BEDFORD COMMITTED COMMISSIONER QURESHI. OKAY. UH, WE'LL GO TO THE VIRTUAL FOLKS. COMMISSIONER THOMPSON. THANK YOU VERY MUCH. GLAD TO HEAR FROM YOU. IT'S GOOD TO SEE YOU. THANK YOU, DR. BARRETT. I WOULD ALSO JUST LIKE TO SAY, THANK YOU, COMMISSIONER GUERRERO. JUST WANTED TO ECHO, THANK YOU SO MUCH FOR COMING DOWN. THIS IS SO WONDERFUL. I APPRECIATE YOU TAKING THE TIME TODAY. THANK YOU. DOES ANYONE HAVE QUESTIONS? OKAY. I SHOULD'VE JUST DONE THAT FROM THE BEGINNING. I ADD THIS IS, THIS IS THE STUFF I LOVE TO DIG IN SO MUCH, SO I MISJUDGED TINY BIT, BUT, UH, I I'D LOVE TO TOUCH BASE AT SOME POINT. I KNOW THAT I DON'T REPRESENT YOUR DISTRICT, BUT, UM, OBVIOUSLY I, I AM WORKING TOWARD RESILIENCE FOR THE WHOLE CITY AND, UH, OF COURSE OUR VALUES ALIGN IF, UH, YOU KNOW, THE CLIMATE EQUITY PLAN IS ANYTHING THAT SPEAKS TO THAT. SO, UM, THANK YOU SO MUCH. I DON'T KNOW THAT SINCE I'VE BEEN A COMMISSIONER, WE'VE HAD A COUNCIL MEMBER ACTUALLY COME TO SPEAK TO US, SO IT'S REALLY SPECIAL. UH, AND, AND WE REALLY APPRECIATE IT. SO, UH, WE WILL BE IN TOUCH AND, AND DON'T HESITATE TO REACH OUT TO ANY OF US. UM, YOU KNOW, IF THERE'S ANYTHING WE CAN DO TO HELP SUPPORT AND PUSH THIS WORK FORWARD. SOUNDS GREAT. THANK Y'ALL. THANK Y'ALL SO MUCH. Y'ALL HAVE A GOOD NIGHT. THANK YOU. OKAY. WE [2.b. Briefing on the Village of Webberville’s request to release approximately 31 acres of Austin’s extraterritorial jurisdiction (ETJ) to be included in Webberville's ETJ—Andrei Lubomudrov, Senior Planner, Housing and Planning Department (30 minutes)] WILL MOVE ON NOW TO ITEM TWO B BRIEFING ON THE VILLAGE OF WEBER BILL'S REQUEST TO RELEASE APPROXIMATELY 31. OKAY. THANK YOU. UH, APPROXIMATELY 31 ACRES OF AUSTIN'S EXTRA, EXTRA TERRITORIAL JURISDICTION TO BE INCLUDED IN WEBER BILLS ETJ. SO WE, I BELIEVE HAVE, UH, MR. LOU BOUDREAU. CORRECT. GREAT, THANKS. UH, THANK YOU VERY MUCH, COMMISSIONERS. GOOD EVENING. MY NAME IS ANDREA. LOU DROVE AND I AM HERE WITH THE HOUSING AND PLANNING DEPARTMENT. I'M HERE TO PRESENT A REQUEST FOR RELEASE OF 31 ACRES FROM AUSTIN ETJ. THAT WOULD GO TO THE VILLAGE OF WEBER VILLE. I HAVE A POWERPOINT FOR YOU TONIGHT, SO, BUT I'LL TRY TO MOVE IT THROUGH IT KIND OF QUICKLY. AND IF YOU HAVE QUESTIONS, FEEL FREE TO ASK AT THE END. SO JUST KIND OF TO GO THROUGH, TO GO TO AN OVERVIEW OF THE SITE, IF YOU GO TO THE NEXT PAGE, THANK YOU. TALK ABOUT THIS SUBJECT TRACK REAL QUICK. UH, THE TRACK IS IN EAST TRAVIS COUNTY, NOT FAR FROM THE BASTROP COUNTY LINE. UH, THE WHOLE TRACK IS ABOUT 111 ACRES. 31 ACRES IS IN THE CITY OF AUSTIN ETJ. THE BALANCE IS IN THE WEBER VILLE ETJ. MOST OF THE TRACK IS COVERED BY THE COLORADO RIVER FLOODPLAIN. UM, THE ENTIRETY OF THE RELEASE AREA, THE 31 ACRES IS ALSO IS IN THAT FLOODPLAIN, AS YOU'LL SEE ON THE NEXT SLIDE AND ACCESS TO THE TRACK TO THE PROPERTY IS THROUGH THE WEBER BILL. UM, THE CITY OF WEAVERVILLE, THE VILLAGE OF WESTERVILLE [00:15:01] AND A YES, NO ALSO NO. YEAH, NO DEVELOPMENT IS PLANNED FOR THE PORTION OF THIS SITE. THAT'S IN THE AUSTIN ETJ. SO IT CAN MOVE TO THE NEXT SLIDE. THIS JUST SHOWS THE GENERAL LOCATION OF THE TRACK. YOU CAN SEE A IT'S PRETTY FAR FROM THE FULL PURPOSE JURISDICTION. IT'S ABOUT 4.5 MILES FROM OUR FULL PURPOSE CITY LIMITS, WHICH MEANS THAT THE THERE'S REALLY NO FEASIBLE WAY FOR US TO ANNEX THE PROPERTY IN THE LONGTERM. MOVING TO THE NEXT SLIDE. THERE'S A COUPLE OTHER, UM, MAPS THAT SHOW YOU IN A LITTLE GREATER DETAIL. THE MAP TO THE LEFT SHOWS YOU THE PROPOSED RELEASE AREA. IT'S THAT BLUE, UM, IN THE KIND OF, UH, SOUTHEASTERN CORNER OF THE, OF THE TRACT. IT'S ABOUT 31 ACRES. THE FLOOD POINT IS HARD TO SEE IN THIS MAP, BUT IT'S KIND OF THE HATCH TO BLUE. AND IT SORT OF GOES UP TO ALMOST TO THE, JUST TO THE NORTHERN PORTION OF THE SITE. THE WHOLE SITE IS COVERED IN, UM, THE WHOLE PROPERTY IS COVERED IN FLOODPLAIN, EXCEPT JUST THE, JUST THE NORTHERN PORTION THAT BORDERS ON WESTERVILLE. AND JUST TO THE RIGHT HERE IS ANOTHER, UM, PICTURE THAT SHOWS YOU JUST KIND OF THE ACCESS TO THE PROPERTY PRIMARILY REALLY IS THROUGH WEBER BILL. THERE'S NO ACCESS THROUGH THE CITY OF AUSTIN. YOU REALLY HAVE TO DRIVE THROUGH THE VILLAGE OF LIBREVILLE AND USE WHATEVER VAIL ROADS, UM, UH, TO, TO GET TO THE SITE. AND I MENTIONED THAT BECAUSE MOVING ON TO THE NEXT SLIDE, IT'S RELEVANT TO HOW WE, UH, DO AN ANALYSIS FOR ETJ RELEASES, THE CITY COUNCIL IN 2007, ADOPT A POLICY THAT GENERALLY GOVERNS HOW ETJ RELEASES ARE EVALUATED. PROPOSED ETJ RELEASES ARE EVALUATED. AND SO, UM, UH, ENTITY, UH, CAN REQUEST A RELEASE OF A PORTION OF OUR ETJ. AND WHEN WE RECEIVED THAT REQUEST, WE KIND OF GO THROUGH A FIVE-POINT ANALYSIS OF WHAT THE IMPACT OF THAT RELEASE WOULD BE. SO WE START WITH KIND OF LOOKING AT THE ANNEXATION. WE LOOK AT THE ENVIRONMENTAL IMPACTS. WE LOOK, IF WE HAVE INFRASTRUCTURE IN THE AREA THAT WOULD, WOULD BE IMPACTED, AND THEN WE LOOK KIND OF JUST A BIGGER PICTURE, HOW MUCH ETJ HAVE WE RELEASED? AND, UM, WHAT'S THE IMPACT OF THAT. AND THEN IS THERE ANYTHING SPECIFIC ABOUT THIS PARTICULAR REQUEST THAT IS, WOULD BE LIKE A, A HUB, A HARDSHIP OR SOMETHING UNIQUE THAT WOULD MERIT THE RELEASE. AND SO TO GO ON TO THE NEXT SLIDE, THE, UH, THE, OF CHIEF IMPORTANCE TO THIS BODY, THE ENVIRONMENTAL IMPACT STAFF REVIEWED THIS REQUESTED RELEASE AND DETERMINED THAT THERE WOULD NOT BE, UM, AN IMPACT ON THE ENVIRONMENT, LARGELY OWING TO THE FACT THAT THIS WHOLE, THE WHOLE AREA IS IN THE FLOOD, PLAIN, THE COLORADO RIVER FLOODPLAIN. AND, UH, ALSO THAT THERE ARE WEB ORVILLE ORDINANCES THAT WOULD PROVIDE KIND OF A COMPARABLE SIMILAR REGULATORY FRAMEWORK FOR THIS PARTICULAR AREA FOR THIS SITE. AND SO THE, UM, THE STAFF REVIEW DETERMINED THAT THERE, THERE WAS NO, THERE WOULD BE NO IMPACT FROM THIS RELEASE ON THE ENVIRONMENT. SO MOVING ON JUST TO GO THROUGH A FEW, OTHER OF THE HIGHLIGHTS, UM, THAT I'VE ALREADY MENTIONED, SO I WON'T BE LATE FOR THEM, BUT THERE'S NOT REALLY A PR UH, PROPO. THERE'S NOT REALLY A PERCEIVED ANNEXATION IMPACT DUE, DUE TO THE LOCATION OF THE TRACK. UM, THERE'S NOT, UH, INFRASTRUCTURE IN THE AREA, THE CLOSEST AUSTIN WATER INFRASTRUCTURE IS OVER A MILE AWAY, UM, THE, THE AUSTIN WATER SERVICE AREA. AND, UM, AND, AND, UH, THE REASON FOR THE TRACK, WHICH I GUESS I COULD HAVE MENTIONED EARLIER THAT THE REASON FOR THE RELEASE IS THAT IT WOULD JUST HELP STREAMLINE DEVELOPMENT REGULATIONS FOR THIS PROPERTY DOWN THE ROAD, BEING IN ONE JURISDICTION, AS OPPOSED TO BEING IN TWO JURISDICTIONS SINCE THE PROPERTY IS, UH, SPLIT AMONG AUSTIN AND WEBER VALLEY, TJ, IT WOULD JUST PROVIDE A MORE STREAMLINED DEVELOPMENT REVIEW PATHWAY, BUT THERE'S NOT TO MY KNOWLEDGE, A DEVELOPMENT THAT'S PROPOSED AT THIS TIME FOR THIS PROPERTY. AND SO THE LAST SLIDE, I THINK IT'S THE LAST SLIDE IS THE STAFF RECOMMENDATION THAT STAFF IS RECOMMENDING THIS RELEASE TO THE VILLAGE OF WEBER VILLE, UM, GIVEN THAT THERE'S NOT A EXPECTED ENVIRONMENTAL IMPACT AND THAT IT WOULD GENERALLY STREAMLINE THE DEVELOPMENT REVIEW PROCESS FOR THE PROPERTY. AND SO THE ENVIRONMENTAL COMMISSION IS ASKED TO MAKE A RECOMMENDATION TO SUPPORT THIS RELEASE. AND I'M HAPPY TO ANSWER ANY QUESTIONS. THANKS SO MUCH. UH, DO WE WANT, WE HAVE ONE PERSON SIGNED UP FOR CITIZEN COMMUNICATION ON THIS ITEM? DO WE WANT TO HEAR FROM THEM BEFORE WE ASK QUESTIONS? OKAY, WE'LL DO THAT THEN. UH, AND THEN WE MAY CALL YOU BACK UP IF THAT'S OKAY. SURE. THANKS. [00:20:01] GREAT. UH, WE HAVE MR. MATHIAS, PLEASE JUST GO AHEAD AND INTRODUCE YOURSELF AND YOU'LL HAVE THREE MINUTES IN COMMISSIONERS. MY NAME IS RICHARD MATTHIAS AND I'M ACTUALLY HERE AS THE REPRESENTING THE PROPERTY OWNER. I JUST WANTED TO MAKE MYSELF AVAILABLE FOR ANY QUESTIONS YOU MIGHT HAVE OF ME. THANK YOU. THANK YOU. OKAY. UH, HOW ABOUT A QUICK SHOW OF HANDS? IF YOU HAVE QUESTIONS AND THEN I'LL, UH, YOU FOLKS UP. OKAY. WE'LL GO TO COMMISSIONER BRISTOL. THANK YOU FOR YOUR PRESENTATION. AND, UM, SO I AM FAIRLY NEW, UM, TO THE ENVIRONMENTAL QUESTION. CAN YOU HELP ME UNDERSTAND A LITTLE BIT OF WHY THIS WAS SET ASIDE IN EACH DAY SO FAR AWAY FROM THE FULL PURPOSE? SURE. WHY IT WAS INCLUDED IN ETJ? YEAH. YEAH. SO THE, THE RULES FOR ANNEXATIONS GOING BACK, UM, MANY, MANY YEARS, I THINK SO PROBABLY SINCE THE SIXTIES OR SO HAS BEEN THAT, UM, FOR LARGER CITIES, METRO AREAS LIKE AUSTIN, WHEN WE DO A FULL PURPOSE ANNEXATION THAT EXTENDS THE BOUNDARIES OF OUR EXTRA TERRITORIAL JURISDICTION FOR FIVE MILES. AND SO THAT KIND OF PUSHES THIS SORT OF, UM, I CALL IT A HALO AROUND OUR FULL PURPOSE JURISDICTION ABOUT FIVE MILES OR SO. AND SO THIS PARTICULAR TRACT IS 4.5 MILES. AND I THINK PROBABLY THE REASON IT'S NOT QUITE FIVE IS BECAUSE IT, WHEN WE RUN INTO OTHER , THEN THAT SORT OF CUTS SHORT, OUR ETJ HALO. AND SO WEBER, VILLE BEING A SMALLER, UM, UH, TOWN. IT HAS, UH, AN ETJ, BUT IT'S MUCH SMALLER THAN THE AUSTIN ETJ. OKAY. DID THAT HELP ANSWER THE QUESTION? YEAH. OKAY. OTHER QUESTIONS ANY FROM A VIRTUAL LAND? UH, ALRIGHT. COMMISSIONER BRISTOL. I MEAN, I'M SORRY. COMMISSIONER BARRETT. HI. THANK YOU. SO I HAVE A QUESTION ABOUT, UM, POTENTIAL DEVELOPMENT IN THE FUTURE. SO I JUST WAS TRYING TO UNDERSTAND, SO, SO CURRENTLY THERE'S, IS THERE A DEVELOPMENT PLAN ON THE SITE OR THERE IS NOT, OR A PORTION I SAW A PORTION OF IT. AND, UM, WHAT, SO I GUESS YOU CAN'T ANSWER THAT FIRST. SURE. UM, I GUESS I WOULD INVITE, UM, MR. MATHIAS UP TO SPEAK TO THAT DIRECTLY, BUT TO MY KNOWLEDGE, THERE'S NOT DEVELOPMENT PLANNED ON THIS SITE, RICHARD MATTHIAS REPRESENTING THE APPLICANT. NO, AT THIS TIME THERE IS NOT ANY DEVELOPMENT PLANS PROPERTY'S BEING USED AS A YOUTH OUTDOOR ACTIVITY FACILITY, CANOEING, WATER, SPORTS, AND ACTIVITIES. SO IT'S NOT SEEN TO BE DEVELOPED. IT'S REALLY NOT VERY DEVELOPABLE IF WITH THE EXCEPTION OF THE NORTHERN PORTION, AS ANDREA HAD INDICATED THAT IS OUTSIDE OF THE FLOOD PLAIN, BUT THERE ARE NO IMMEDIATE PLANS FOR DEVELOPMENT. WE JUST THOUGHT THIS WOULD BE CLEANED IT UP, GET IT IN ONE JURISDICTION, IF, AND WHEN SOMETHING MIGHT HAPPEN, THEN THAT WOULD BE A SIMPLER PROCESS. OH, THANK YOU. THANK YOU. AND THEN FOLLOW UP QUESTIONS. ALL RIGHT. AND IF, AND WHEN DEVELOPMENT WERE TO HAPPEN, THEN THE, I GUESS THE VILLAGE OF WHAT WEBER BILL IS THERE REGULATIONS IN THERE, THEIR PROCESSES, WHAT VERY SIMILAR, VERY SIMILAR TO AUSTIN'S. AND I CAN LET ANDREA THE STAFF ANSWER THAT QUESTION, BUT I DID A DETAILED ANALYSIS AND A COMPARATIVE ANALYSIS OF BOTH JURISDICTIONS. AND IN SOME CASES, WHEREVER VEIL IS MORE STRINGENT, UH, BUT BOTH JURISDICTIONS, AUSTIN AND WEB ORVILLE, NEITHER ALLOWED DEVELOPMENT IN THE FLOOD. PLAIN, THEY BOTH HAVE SETBACK, UH, FEATURES, UH, THEY'RE ALMOST IDENTICAL. UM, AND I BELIEVE, UH, UH, WEBER VEIL EVEN MODELED SOME OF THEIR REGULATIONS OVER, UM, W UM, WITH THE SOS ORDINANCE. SO IT'S PRETTY STRINGENT. UM, AND AGAIN, THAT'S ONE OF THE REASONS CITY STAFF FELT COMFORTABLE THAT, UH, ENVIRONMENTAL PROTECTIONS ARE IN PLACE IF ANY DEVELOPMENT OCCURS ON THIS PROPERTY. OKAY. ALL RIGHT. THANK YOU. AND NO FURTHER QUESTIONS FOR ME. THANKS. THANK YOU, COMMISSIONERS. ANY OTHER QUESTIONS? UH, WE HAVE COMMISSIONER THOMPSON, AND THEN WE'LL GO TO COMMISSIONER BREMMER. UM, I JUST APPRECIATE THE IRONY FS HAVING, UM, THE SOUTH CONGRESS PAD AT THE SAME TIME WE HAVE, UM, THIS PRISTINE PIECE OF LAND ON THE SAME RIVER. I JUST WE'LL LEAVE IT THERE. OKAY. UH, WE'LL GO TO COMMISSIONER BRIMMER NEXT. UH, [00:25:02] SO WHAT BREVILLE IS, THAT'S NOT A HOME RULES, TOWN, CITY, LIKE AUSTIN, IS THAT CORRECT? THAT'S RIGHT. IT'S A GENERAL LAW CITY AND IT'S A GENERAL, A GENERAL LAW CONSTITUTED MUNICIPALITY. I HAVEN'T LOOKED INTO ALL THE DETAILS, BUT THAT'S MY, THAT'S MY KNOWLEDGE. OKAY. THAT DISTINGUISHES IT FROM THE HOME RULE MUNICIPALITY, UH, THAT AUSTIN FALLS UNDER, UNDER STATE LAW. OKAY. OKAY. THANK YOU. ANY FURTHER QUESTIONS? ALL RIGHT. UH, CAN I GET A MOTION TO CLOSE THE PUBLIC HEARING? I MOVE TO CLOSE THE PUBLIC HEARING FIRST BY ROMBERG. SECOND, SECOND BY BEDFORD. ALL RIGHT. DO WE HAVE A, DO WE HAVE A MOTION? I DO. IF YOU'RE READY. ANY FURTHER DISCUSSION? UM, OKAY, GREAT. ALL RIGHT. UM, ON THE SUBJECT OF THE VILLAGE OF WEBER BILL REQUEST TO RELEASE PROPERTY FROM THE CITY OF AUSTIN ETJ, UH, WHEREAS THE VILLAGE OF WATERVILLE AT THE REQUEST OF THE PROPERTY OWNER HAS REQUESTED THE RELEASE OF APPROXIMATELY 31 ACRES OF THE CITY OF AUSTIN'S ETJ TO BE INCLUDED IN WEBER GRILLS ETJ. WHEREAS THE PROPOSED RELEASE AREA IS FULLY IN THE COLORADO RIVER FLOOD PLAIN, AND THE ENVIRONMENTAL PROTECTIONS FOR THE AREA WOULD BE COMPARABLE TO THAT OF THE CITY OF AUSTIN. WHEREAS THE RELEASE WILL PLACE THE WHOLE PROPERTY UNDER WEB WEB ORVILLE REGULATIONS AND IN, SO DOING WITH STREAMLINE AND SIMPLIFY THE DEVELOPMENT REVIEW PROCESS. AND FINALLY, THE RELEASE AREA IS NOT FEASIBLE FOR LONG-TERM ANNEXATION BEING 4.5 MILES FROM THE CITY'S FULL PURPOSE ETJ. THEREFORE THE ENVIRONMENTAL COMMISSION RECOMMENDS APPROVAL OF THE RELEASE OF APPROXIMATELY 31 ACRES FROM THE AUSTIN NEW TJ TO THE VILLAGE OF WHAT REBEL. SECOND, UH, WE HAVE A MOTION BY COMMISSIONER. BEDFORD IS SECOND BY, I MEAN, SORRY, COMMISSIONER ROMBERG, AND A SECOND BY COMMISSIONER BEDFORD. UH, WE'LL DO A ROLL CALL. COMMISSIONER QURESHI, UH, COMMISSIONER SCOTT, UH, ABSTENTION, UH, COMMISSIONER THOMPSON. YOU HAVE AN EYE, UH, COMMISSIONER COIN. YES. UH, COMMISSIONER BARRETT. YES. COMMISSIONER BRISTOL. YES. COMMISSIONER RANDBURG. YES. COMMISSIONER GUERRERO. YES. COMMISSIONER BREMMER. NO COMMISSIONER BEDFORD. YES. OKAY. I BELIEVE MOTION CARRIES. LET'S SEE, WE HAVE SEVEN HERE. THREE THERE. 10 MINUS ONE UPSTAIRS. SORRY, I'M DOING THAT ON THE SPOT EIGHT. WE HAVE EIGHT TO CARRY. UH, OKAY. RAY, RAY, KAYLA. GREAT. ALRIGHT. UH, THANK YOU SO MUCH. AND THANKS FOR COMING TO SPEAK TODAY. UH, WE'LL MOVE ON TO ITEM THREE IN JUST A MINUTE. UH, WE'RE GOING TO TAKE A QUICK BREAK. UH, SHEAR GUERRERO IS GOING TO COME TO SHARE THE LETTER HALF OF THE MEETING AND I'LL SEE YOU ALL NEXT TIME. SO WE'LL TAKE A FIVE MINUTE BREAK IF YOU NEED TO RUN TO THE RESTROOM OR RUN OUTSIDE. ALL RIGHT. WE'RE GOING TO BEGIN ITEM [3. PUBLIC HEARINGS] THREE, A 3 0 5 SOUTH CONGRESS PLAN UNIT DEVELOPMENT. SEE 8 1 4 DASH EIGHT NINE DASH OH OH 3.02. THE APPLICANT IS RICHARD SUTTLES, AMBERSON BROWN, P L L C, LOCATION 3 0 5 SOUTH CONGRESS AVENUE, AUSTIN, TEXAS 77 0 4. THIS IS IN DISTRICT NINE. WE HAVE ENVIRONMENTAL STAFF HERE, ZONING, UH, AND WE ALSO HAVE PARKS BOARD HERE THIS EVENING. SCOTT GRANT. THEM'S HERE TO ASK QUESTIONS AND FIELD THEM AND WE CAN BEGIN. HELLO, GOOD EVENING. UH, ALSO WE HAVE AUSTIN WATER ON THE LINE AS WELL. THANK YOU. I'M SO GOOD EVENING COMMISSIONERS. UM, THANKS FOR BEING HERE TO DISCUSS 3 0 5 SOUTH CONGRESS PUD. UM, MY NAME IS PHILLIPS AND I'M IN THE ENVIRONMENTAL OFFICER'S OFFICE. MAYBE IT'S NOT WORKING. ARE YOU ADVANCING? OKAY, THERE IT GOES. ALL RIGHT. SO, UM, SINCE SOME OF YOU ARE RECENT APPOINTEES, WE WANTED TO TALK BRIEFLY ABOUT WHAT A PUD IS. AND SO, UM, A PUD IS A PLAN UNIT [00:30:01] DEVELOPMENT. IT'S A TYPE OF ZONING THAT ALTERS CODE REQUIREMENTS IN EXCHANGE FOR OTHER SUPERIORITIES AND PETS ARE REQUIRED TO PRESERVE THE NATURAL ENVIRONMENT, PROVIDE HIGH QUALITY DEVELOPMENT, PROVIDE INNOVATIVE DESIGN AND ENSURE ADEQUATE PUBLIC FACILITIES AND SERVICES. AND TO PRODUCE A PROJECT THAT IS SUPERIOR TO DEVELOPMENT THAT WOULD HAVE HAPPENED UNDER CONVENTIONAL REGULATIONS. AND SO, UM, THERE ARE TWO TIERS TIER ONE IS, UH, REQUIREMENTS THAT ALL PUDS MUST MEET. AND SO SOME OF THE ENVIRONMENTAL, UH, TIER ONE REQUIREMENTS ARE PROVIDE ADDITIONAL OPEN SPACE. UH, AND YOU CAN NOT INCLUDE DETENTION AREAS UNLESS THEY'RE DESIGNED AS AN AMENITY, PROVIDE A TWO STAR AUSTIN ENERGY GREEN BUILDING RATING, AND THEN ALSO PRESERVE, UM, THE ENVIRONMENT AND THE NATURAL AND TRADITIONAL CHARACTER OF THE LAND. AND THEN ALSO TO MEET THE MINIMUM LANDSCAPING REQUIREMENTS OF CITY CODE. SO ADDITIONALLY, SO THOSE ARE ALL THE BASIC THINGS YOU HAVE TO DO FOR A PUD, BUT TO BE SUPERIOR, YOU HAVE TO BASICALLY, YOU HAVE TO TACK ON ADDITIONAL SUPERIORITIES. AND SO THERE'S A LIST IN THE TIER TWO REQUIREMENTS AND IT'S KIND OF A MENU OF ITEMS, AND THEN EACH PET IS UNIQUE. AND SO SOMETIMES WE CRAFT A SUPERIORITY DEPENDING ON EACH PUDS UNIQUENESS. UM, THE OTHER THING I WANT TO SAY, AND TO BE VERY CLEAR IS WHAT THE PURVIEW OF THIS COMMISSION, UM, WHAT YOU OVERSEE FOR A PUD. SO I'M GOING TO, UM, PRESENT ALL OF THE ENVIRONMENTAL ASPECTS OF THIS PUD AND, UM, TELL YOU WHY THEY'RE SUPERIOR OR NOT SUPERIOR AND HOW THIS PUD SORT OF LIKE THE PACKAGE WE PUT TOGETHER FOR THIS POD. NOW, THIS POT IS UNUSUAL. WE'RE ACTUALLY NOT SUPPORTING IT BECAUSE WE COULDN'T GET THEM TO SUPERIORITY, BUT WE DID PROVIDE A LIST OF CONDITIONS THAT IF YOU ACCEPT WOULD BE SUPERIOR. AND SO JUST SO YOU KNOW, AS WE KIND OF, UH, GO INTO THIS PUD, WHAT YOUR PURVIEW IS, AND I'M GOING TO END WITH THE CONDITIONS AND EXPLAIN EACH ONE OF THOSE. YEAH. SO ONE THING THAT IS NOT IN OUR PURVIEW IS AFFORDABLE HOUSING, RIGHT? WHAT IS NOT IN OUR PURVIEW IS THE ZONING, THE HEIGHT THAT IS NOT IN OUR DISCUSSION TONIGHT. THAT'S CORRECT. EVERYTHING WE'RE TALKING ABOUT IS ENVIRONMENTAL RELATED. SO WE'RE GOING TO TALK ABOUT PARKS AND WE'RE GOING TO TALK ABOUT CREEK SETBACKS AND, AND ALSO, UH, RECLAIM WATER. AND SO EVERYTHING WE'RE GOING TO DISCUSS AND DECIDE UPON TONIGHT IS ENVIRONMENTAL RELATED. AND SO, UH, THE NEXT COMMISSION, IT GOES TO PLANNING COMMISSION. WE'LL TALK ABOUT ALL OF THE OTHER ASPECTS. THEY'LL TALK ABOUT HEIGHT. THEY'LL TALK ABOUT, UH, LOW-INCOME HOUSING AND OTHER ASPECTS OF THE PUD THAT WE'RE NOT GOING TO TALK ABOUT TONIGHT. THANK YOU FOR THAT CLARIFICATION. OKAY. ALL RIGHT. SO LIKE I SAID, EVERY PET IS DIFFERENT AND IT COMES WITH ITS OWN OPPORTUNITIES AND CHALLENGES. THIS PROJECT INCLUDES 8.86 ACRES AND IS THE SECOND AMENDMENT TO AN EXISTING PUD FROM 1989. THIS PUD PROJECT IS UNIQUE IN THE FACT THAT IT SETS ON A PROMINENT CORNER OF SOUTH CONGRESS AND LADY BIRD LAKE. THE LOCATION IS POPULAR FOR BAT VIEWING AND ACCESSING AND ENJOYING THE HIKE AND BIKE TRAIL ALONG LADY BIRD LAKE. THE TRAIL IS WITHIN AN EASEMENT THAT RUNS THE LENGTH OF THIS PROPERTY. HERE IS A MAP THAT SHOWS THE CITY OF AUSTIN'S LIMITS. IN CONTEXT, WITH THE EDWARDS AQUIFER, THE SITE IS LOCATED WITHIN THE RED BOX. IT IS IN THE POLE PURPOSE JURISDICTION, AND NOT OVER THE EDWARDS AQUIFER. AS WE ZOOM INTO THE SITE, YOU CAN, YOU CAN SEE THE SITE IDENTIFIED IN BRED. SO SOME OF US ARE CURRENTLY LOCATED AT CITY HALL DENOTED BY THE ORANGE STAR. MOVING IN CLOSER. THIS SITE IS BOUNDED BY LADY BIRD LAKE ON THE NORTH AND NORTHEAST AND SOUTH CONGRESS [00:35:01] ON THE WEST. AS WE SWITCHED TO THE PROPOSED PLAN, YOU CAN SEE THE SITE AND THE BOUNDARIES OF THE PUD AND BREAD ON THE SLIDE. THE PROPOSED BUILDINGS ARE SHOWN IN GRAY, BUT WILL BE BUILT ON A MONOLITHIC UNDERGROUND PLATFORM THAT PROVIDES CONNECTED PARKING FOR THE ENTIRE SITE. DUE TO THE SITES, PROXIMITY TO LADY BIRD LAKE, THERE ARE SETBACKS AND BUFFERS. THE BLUE LINE INDICATES THE WATER QUALITIES ZONE. THE OTHER TWO LINES ARE ASSOCIATED WITH, WITH THE WATERFRONT OVERLAY. THE DARK ORANGE LINE IS THE PRIMARY SETBACK AND THE GREEN LINE IS THE SECONDARY SETBACK. ONLY CERTAIN DEVELOPMENT IS ALLOWED WITH THEM, THESE BUFFERS AND SETBACKS, AND THEY ARE INTENDED TO PROTECT THE QUALITY OF THE SPACE ALONG THE LAKE. THIS SLIDE SHOWS THE PROPOSED WATER QUALITY IN BLUE. THE LAST UPDATE SUBMITTED BY THE APPLICANT IS PROPOSING A BIOFILTRATION POND NEAR CONGRESS AVENUE. THAT WILL BE FOUR TO FIVE FEET DEEP AND WOULD REQUIRE A FENCE. THE OTHER AREAS SHOWN ARE PROPOSED RAIN GARDENS. THAT WOULD BE ABOUT A FOOT DEEP AND VEGETATED WITH PLANTS. SINCE THE WATER QUALITY IS LOCATED WITHIN THE CRITICAL WATER QUALITY ZONE, THEY MUST UTILIZE GREEN STORMWATER INFRASTRUCTURE INFRASTRUCTURE PER CODE. THE APPLICANT HAS INFORMALLY. THEY HAVE NOT SUBMITTED ANY DOCUMENTS, BUT, UM, HAS INFORMALLY DISCUSSED MOVING THIS POND MARKED WITH AN X UNDERGROUND, WHICH IS ALLOWED BY CODE AS LONG AS IT IS NOT WITHIN THE CRITICAL WATER QUALITY ZONE, THE GREEN COLOR DENOTES AREAS OF PROPOSED TURF. AS YOU CAN SEE FROM THESE SLIDES, UH, FROM THE SLIDE, THESE TURF AREAS CROSS INTO THE CRITICAL WATER QUALITY. SO, WHICH IS MEANT TO PROTECT WATER QUALITY FOR THE LAKE FOR PREFERRED PLANTINGS WOULD WITH THEM, THE BUFFER WOULD INCLUDE NATIVE SEATING AND RESTORATION. THE GRAY COLOR REPRESENTS THE TRAILS. MOST OF WHICH ARE CONCRETE. UH, THE EXISTING TRAIL WOULD RE WILL REMAIN GRAVEL FOR NOW. UH, BUT FUTURE PLANS INCLUDE CREATING MULTIMODAL PATHS, WHICH WILL INCLUDE CONCRETE. THE APPLICANT IS ALSO PROPOSING A BOARDWALK ALONG THE LAKE AND APPEAR SHOWN HERE IN ORANGE, THAT WOULD EXTEND 70 FEET INTO THE LAKE. THE PROPOSED PIER AND BOARDWALK WOULD RE WOULD REQUIRE TREE REMOVAL HERE. YOU CAN SEE THE LIST OF TREES THAT WOULD BE AFFECTED. AND SO ON THIS, UH, SLIDE ACTUALLY WENT THROUGH AND LOOKED AT THE TREES. AND SO THE BOARDWALKS GOING TO REMOVE THE FIRST FOUR TREES, THE STEPS WILL REMOVE THE FIFTH TREE AND THEN THE OTHER TWO TREES WILL BE REMOVED BY THE PIER. SO THERE, THERE ARE OPPORTUNITIES TO SAVE THE TREES WITH MINOR ADJUSTMENTS, TO THE PLAN. AND HERE YOU CAN SEE THE RED ARROW, UH, MOVING THE PIER PROBABLY ABOUT 50 FEET TO THE WEST. SO HERE IS THE OPTION, UH, THE PEER OPTION AND THE PEER. IF THE PEER WERE NARROWED, IT COULD BE MOVED TO AN AREA TO AVOID THE REMOVAL OF A 19 INCH PECAN AND 14 INCH AMERICAN ELM. THE REMOVAL OF THESE TREES COULD DE STABILIZE THE SHORELINE, REQUIRING A BULKHEAD IN THIS AREA. THE TREES SIT ON A SLOPE OF OVER 60% AND BETWEEN THE TREES AND THE EXISTING PLANTS, THEY ARE HOLDING THE SHORELINE IN PLACE, MOVING THE PROPOSED STEPS TO AN AREA THAT DOES NOT HAVE TREES WITH FURTHER HELP TO PROTECT AGAINST SHORELINE EROSION. HERE IS AN IMAGE THAT SHOWS THE STEPS, THE PROPOSED TREE TO BE REMOVED AND WHERE THE STEPS COULD BE MOVED TO SAVE THE TREE. ONE OF THE SUPERIORITIES THE APPLICANT HAS OFFERED IS RESTORATION OF [00:40:01] THE AREA BETWEEN THE TRAIL AND THE LAKE, THE YELLOW DENOTES AREAS WHERE RESTORATION COULD HAPPEN, BUT IT'S NOT BEEN PROPOSED YET. THESE SPACES MAY BECOME ADDITIONAL LAWN AREAS. AND THIS SLIDE DEPICTS HOW THAT WOULD LOOK. THE PROPOSED RESTORATION OFFERED BY THE APPLICANT, SEEMS LIKE A GREAT IDEA. AND USUALLY WE WOULD BE A HUNDRED PERCENT ON BOARD WITH THAT. UH, BUT THE BLACK DASH LINE SHOWS WHERE THE LAND DROPS OFF, UM, AT A SLOPE OF 61% TO 200% SLOPE REMOVING OR ADDING VEGETATION ON THIS SLOPE COULD CAUSE ADDITIONAL EROSION WATERSHED PROTECTION STAFF WOULD LIKE THE TRAIL TO BE MOVED A MINIMUM OF 25 FEET FROM THE CREST OF THE SLOPE, AWAY FROM THE SHORELINE, AND TO HAVE THE AREAS BETWEEN THE TRAIL AND THE CREST RE VEGETATED AND PROTECTED WITH THE SPLIT RAIL FENCE. THIS SLIDE SHOWS THE SHORELINE EROSION AND THE SLOPE AS IT DROPS ABOUT EIGHT FEET TO THE LAKE AS THE PROPERTY HEADS, NORTH AND NORTHEAST, THE TRAIL IS LOCATED ON THE EDGE OF THE SHORELINE AND THE PROPOSED RESTORATION WOULD MAKE, UH, THIS EROSION WORSE. SO, UM, WITH THE LAYERS OF PROPOSED DEVELOPMENT AND DISTURBANCE WITHIN THE CRITICAL WATER QUALITY ZONE, ALONG WITH EXISTING ENVIRONMENTAL CONSTRAINTS HAS LED STAFF TO DETERMINE THERE ARE NO WATER QUALITY RELATED ENVIRONMENTAL. SUPERIORITIES SOME OF SWITCHED GEARS TO PARKLAND NOW. UM, SO AS WE CHANGE TO THE TOPIC OF PARKLAND, THE APPLICANT HAS AGREED TO DEDICATE 6.5, THREE ACRES ALONG THE LAKE. AND 1.59 ACRES OF PARK EAST MET THE RESTRICTIONS PROPOSED ON THE DEDICATED PARKLAND BY THE APPLICANT WILL NOT ALLOW THE DESIGN NECESSARY TO ACHIEVE THE ENVIRONMENTAL GOALS THAT THE WATERSHED PROTECTION DEPARTMENT SEEKS. SO STAFF WATERSHED STAFF DOES NOT CONSIDER THIS PROPOSAL SUPERIOR THE PARKS AND RECREATION DEPARTMENT, ALTHOUGH EXCITED ABOUT THE DEDICATION OF SUCH A SIGNIFICANT PIECE OF LAND. I MEAN, THIS IS A HOST, IT WOULD BE A HISTORICAL PARK. I MEAN, HOW AWESOME IS THAT? UM, BUT THEY ACKNOWLEDGED THAT THERE'S STILL SEVERAL OUTSTANDING ISSUES. AND THIS SLIDE, YOU CAN SEE THE EXISTING ACCESS FROM SOUTH CONGRESS, FROM THE SOUTH CONGRESS RIGHT AWAY TO THE HIKE AND BIKE TRAIL, GOOGLE MAPS ACTUALLY LABELS THIS ACCESS AS PART OF THE HIKE AND BIKE TRAIL. AS YOU CAN SEE IN THE SCREENSHOT, THE PUD PROPOSAL ELIMINATES ACCESS THIS ACCESS, THE PRO PROPOSED PUD ACCESS SINCE THE PUBLIC, THROUGH THE DEVELOPMENT TO ACCESS THE HIKE AND BIKE TRAIL, THE PARKS DEPARTMENT IS SEEKING A TRAIL CONNECTION THAT IS EQUITABLE AND PROVIDES A SPACE THAT ALL, ALL AUSTINITES FEEL COMFORTABLE ACCESSING AND GOING TO THE HIKE AND BIKE TRAIL. SO WE'RE NEARING THE END OF THE, UH, WHEN WE GET TO THE COMPARISON, WE GO THROUGH THE COMPARISON AND THEN WE DO CODE MODIFICATIONS AND KIND OF WRAP UP THE PUD PRESENTATION. SO I'LL DO THAT NOW, JUST SO YOU KNOW, IT'S NOT GONNA LAST FOREVER. UM, SO WHEN WE'RE EVALUATING A PUD FOR ENVIRONMENTAL SUPERIORITY, WE LOOK AT ELEMENTS OF THE PUD THAT MEET CODE SHOWN HERE IN GRAY, THE ELEMENTS THAT ARE NOT SUPERIOR AND THEY'RE SHOWN IN RED AND THE ELEMENTS THAT ARE, THAT ARE SUPERIOR, AND THEY'RE SHOWN IN GREEN BY THIS STAGE OF THE PUD, WE SHOULD BE LOOKING FOR GREEN ELEMENTS TO OUTNUMBER THE RED AND THE GRAY. SO, BUT AS YOU CAN SEE, IT IS NOT THE CASE WITH THIS PUD. [00:45:02] SO I'M GOING TO GO THROUGH THESE NOW. SO WATER QUALITY AND DRAINAGE MEET CURRENT CODE IMPERVIOUS COVER. THE APPLICANT IS ASKING, AND THIS IS PER THE LAST SUBMITTAL. SO I CAN ONLY GO OFF THAT BECAUSE NOTHING ELSE HAS BEEN SUBMITTED TO DATE. UH, THE APPLICANT IS ASKING FOR 24.5% IMPERVIOUS COVER WITHIN THE CRITICAL WATER QUALITIES THOUGH, THE DEVELOPMENT, UH, THEY HAVE ASKED FOR INCLUDE, AND THERE'S A WHOLE LIST OF USES AND ACTIVITY THAT THEY WANT TO HAVE, UH, BE ABLE TO BE ABLE TO PUT IN THE CRITICAL WATER QUALITIES ON, AND I'M JUST GOING TO NAME A COUPLE OF THEM. SO THEY WANT CONCESSIONS, INCLUDING FOOD AND BEVERAGE VENDORS, BICYCLE RENTALS, SPORT, EQUIPMENT RENTALS, BOAT, REYNOLDS, DINING FACILITIES. UM, IT WAS ANOTHER ONE THAT WAS INTERESTING, UM, RESTROOMS, EXERCISE EQUIPMENT. AND I THINK THOSE ARE THE ONLY ONES OF NOTE. AND SO THEY'RE ASKING FOR 24.5% AND PERVIOUS COVER, UM, NORMAL R WHAT CODE ALLOWS IS 5%. SO YOU CAN SEE HOW THE DIFFERENCE IN THAT. SO THE NEXT ONE IS THE AMOUNT OF ACREAGE OF OPEN SPACE IS CONSIDERED SUPERIOR, BUT THE RESTRICTIONS PLACED ON THE PARKLAND DEDICATE PARKLAND DEDICATION, MAKE IT LESS THOUGH. SO PARKS CAN FIND IT SUPERIOR AND WATERSHED COULD SAY, WE DON'T THINK IT'S SUPERIOR BECAUSE WE CAN'T DO WHAT WE NEED TO DO, BUT I STILL THINK, I MEAN, THAT PARK SPACE, I MEAN, IT'S UNDENIABLE, RIGHT? UM, SO CRITICAL WATER QUALITIES. THEN THE PROJECT PROPOSES A LARGE AMOUNT OF DISTURBANCE OF THE BUFFER THAT INCLUDES SHORELINE MODIFICATION, TREE REMOVAL, REDUNDANT PATHS, AND VERY LITTLE RESTORATION CFS. UM, APPLICANT SHOWS THE WETLAND FRINGE, BUT DOES NOT ADD A BUFFER TO PROTECT THE FEATURES, UM, WETLANDS, UH, DO NOT HAVE TO BE PROTECTED, UH, IN THIS AREA, BUT BY ADDING A BUFFER AND NOT DEVELOPING WITHIN THAT BUFFER, THAT WOULD BE A GREAT, THAT WOULD BE ANOTHER SUPERIORITY THAT COULD HAVE OFFERED, HAVE OFFERED. UM, BUT THEY'RE JUST MEETING CODE ON THAT ONE. UM, LANDSCAPE IRRIGATION, AUSTIN WATER HAS ASKED THE APPLICANT TO BRING, RECLAIM WATER TO THE SITE AND USE IT FOR ALL NON-POTABLE USES. THIS IS IN THE WATERFORD PLAN. AND SO THAT PLAN, I THINK, TAKES PLAY BECOMES EFFECTIVE IN TWO YEARS, BUT, UM, I THINK WHAT AUSTIN WATER IS LIKE, WELL, PUDS ARE BIG IDEAS AND WE WOULD LIKE YOU TO DO IT. AND SO, BUT THE APPLICANT HAS DECLINED AND THEY WANT TO DRAW WATER FROM LADY BIRD LAKE. NOPE. ALL RIGHT. SO MOVING ON TREES, THIS IS ACTUALLY A SUPERIOR ITEM. UM, THE, THE POD WILL PRESERVE OR TRANSPLANT A HUNDRED PERCENT OF ALL HERITAGE TREES AND SAVE 77% OF TREES OVERALL. THAT'S TERRIFIC. I MEAN, THAT'S A BIG WIN FOR TREES FOR SURE. THE NEXT ONE, UM, EXTENSION OF THE BOAT DOCK OR PEER INTO THE LAKE, UM, THE APPLICANT IS PROPOSING 70 FEET, BUT CURRENT CODE IS 30 FEET. ANY DEVIATION FROM CODE WOULD AUTOMATICALLY BE READ, UM, 20% OF THE SHORELINE DISTURBANCE. THE PROJECT IS PROPOSING TO WAIVE THIS SECTION ENTIRELY, UM, BECAUSE BETWEEN THE PIER AND THE STEPS AND THE BOARDWALK, THEY ARE OVER 20% OF THE ALLOWABLE, SHORELINE, UM, RELOCATION OF THE SHORELINE. UM, THE APPLICANT WANTS TO WAIVE THE REQUIREMENT TO GO BEFORE, TO ASK COUNCIL FOR APPROVAL AND THEY'RE MEETING CODE FOR DARK SKY INITIATIVE AND ALSO GREEN BUILDING. THEY'RE GOING TO BE TWO STARS CERTIFIED. SO HERE'S A LIST OF CODE MODIFICATIONS. THE APPLICANT IS ASKING FOR PUDS TYPICALLY HAVE A LIST OF CODE MODIFICATIONS THAT THE APPLICANT AND THE STAFF AGREE UPON, BUT EACH NEGOTIATION IS BASED ON SUPERIORITY OF THE PUD. SINCE THIS POD IS [00:50:01] NOT SUPERIOR, STAFF DOES NOT SUPPORT MOST OF THE REQUESTED CODE MODIFICATIONS. THESE CODE MODIFICATIONS ARE RELATED TO PARK DESIGN, AND WE THINK THE PROJECT PROJECT SHOULD SEEK VARIANCES AT THE TIME OF THE SITE PLAN. IF OUR PROPOSED CONDITIONS FOR SUPERIORITY ARE NOT ADOPTED ALL RIGHT. SO IT'S RARE THAT A PUD WOULD COME WITHOUT A RECOMMENDATION FROM STAFF. I MEAN THIS, THE FIRST ONE I'VE EVER BROUGHT, UM, AND WE DO NOT FIND THEIR CURRENT PROPOSAL SUPERIOR DUE TO THE NATURE OF THIS SITUATION. WE HAVE WORKED WITH THE PARKS DEPARTMENT, COMMUNITY TREES AND AUSTIN WATER TO COMPILE A LIST OF ENVIRONMENTAL COMMISSIONS OR CONDITIONS THAT WOULD MAKE THIS PUD SUPERIOR. AND SO I'M GOING TO READ THROUGH THEM. AND IF YOU NEED ME TO EXPLAIN ANY OF THEM, I CAN, UH, OR YOU CAN READ THEM YOURSELF A MONTH. I'LL JUST GO AHEAD. ALRIGHT. SO EXCEPT FOR ITEMS LISTED IN THE AMENDED ORDINANCE, THE PUD WILL BE SUBJECT TO THE CODE AT THE TIME OF THE SITE PLAN. UH, THIS IS ABOUT GRANDFATHERING. SO PEOPLE TRY AND GET OLD REGS ON THEIR PUDS. AND SO WE, WE DON'T WANT ANY OF THAT IN THIS POD, UM, DEDICATE BY DEED THE AREA OF APPROXIMATELY 6.53 ACRES. AND I'VE BEEN TOLD THIS NUMBER IS MOVING A LITTLE. SO, UM, THAT WAS PUBLIC PARKLAND LOCATED ALONG LADY BIRD, LAKE FRONTAGE, AND 1.59 ACRES OF PARKLAND EASEMENTS. AND THAT INCLUDES THE PLAZA IS LOCATED WITHIN THE DEVELOPMENT. UM, THE PARKLAND AND EASEMENT SHALL NOT BE RESTRICTED. PUBLIC PROVIDE PUBLIC EQUITABLE ACCESS FROM SOUTH CONGRESS RIGHT AWAY TO THE HIKE AND BIKE TRAIL THAT DOES NOT FORCE VISITORS THROUGH THE DEVELOPMENT, PROVIDE A HUNDRED DOLLARS OVER WHAT IS REQUIRED BY CURRENT CODE TO BUILD PARK AMENITIES, COMPLETE, COMPLETE A PARKLAND IMPROVEMENT AGREEMENT THAT INCLUDES MAINTENANCE FOR WATER QUALITY PONDS LOCATED WITHIN THE PARK MOVE AND NARROW THE PROPOSED PIER TO A LOCATION THAT DOES NOT IMPACT EXISTING TREES RELOCATE THE TRAIL. A MINIMUM OF TWENTY-FIVE FEET FROM THE CREST OF THE S OF THE SLOPE ALONG THE SHORELINE, EXCEPT EXCEPT AT APPROVED SHORELINE ACCESS POINTS AND RESTORE THE AREA BETWEEN THE SHORELINE AND THE TRAIL WITH RIPARIAN OR WETLAND VEGETATION, PROTECT THE SHORELINE AND VEGETATION WITH THE SPLIT RAIL FENCE, ELIMINATE REDUNDANT PATHS OR TRAILS WITHIN THE CRITICAL WATER QUALITY ZONE AND REDUCE PROPOSED IMPERVIOUS COVER WITH THEM. THE CRITICAL WATER QUALITY ZONED TO 5%, 5%. THIS NUMBER WILL INCLUDE PROPOSE CONCRETE SIDEWALKS, PRESERVE, OR TRANSPLANT A HUNDRED PERCENT OF ALL HERITAGE TREES AND PERVERT PRESERVED. 77% OF ALL OF ALL TREES OVERALL ON SITE. I THINK I MESSED THE LANGUAGE UP ON THAT ONE ALONE PROVIDE A THOUSAND CUBIC FEET OF SOIL FOR STREET. TREES CAN BE SHARED BY A MAXIMUM NUMBER OF TWO TREES. PROPOSED TREES AND SHRUBS SHALL BE NATIVE OR ADOPTIVE TO CENTRAL TEXAS, PROVIDE WATER QUALITY FOR ALL PHASES OF THE PET PROJECT. SO WHAT WE WANT IS TO MAKE THE PONDS AND THE PARKLAND AS SMALL AS POSSIBLE. SO WE WOULD LIKE THEM TO CAPTURE THE MAXIMUM AMOUNT WITHIN THE DEVELOPMENT, AND THEY CAN DO THAT THROUGH CISTERNS OR RAIN GARDENS WITHIN THE DEVELOPMENT, AND THEN ANY WATER THEY CAN'T TREAT WITHIN THE DEVELOPMENT. THEN THEY SEND IT THE PARKLAND. SO THE PONDS AND, UH, OR RAIN GARDENS WITHIN THE D THE PARKLAND, OR AS SMALL AS POSSIBLE, UM, CONNECT TO AND USE AUSTIN WATER UTILITY, RECLAIMED WATER FOR ALL NON-POTABLE USE WITHIN THE PROJECT. THANK YOU. UM, DEMONSTRATE THAT THE BUILDING DESIGN WILL REDUCE THE POTENTIAL FOR BIRD STRIKE BUILDING [00:55:01] COLLISIONS BY USING GLASS WITH THE REFLECTIVITY OF 15% OR LESS ENHANCE CITY OF AUSTIN, DARK SKY REGULATIONS BY ADDING THE FOLLOWING REQUIREMENTS. AND THIS JUST KIND OF FURTHER DEFINES WHAT WOULD BE REQUIRED FOR DARK SKY, LIKE NOT USING A BLUE LED LIGHT, BUT USING WARM LIGHT, IT'S ACTUALLY LESS, UM, OFFENSIVE TO THE, TO YOUR EYES. AND SO PREVENTING LIGHT TRESPASS THAN JUST TALKING ABOUT HOW BRIGHT YOUR LIGHTS CAN BE. SO, UM, BUT THAT, THAT'S IT. I MEAN, JUST 15 CONDITIONS. AND SO IF, IF THIS HUD WERE TO ACCEPT THESE 15 CONDITIONS, THEN WE WOULD CONSIDER THEM SUPERIOR. SO, UM, THIS CONCLUDES MY STAFF PRESENTATION, AND AGAIN, WE HAVE PARKS AND REC HERE. WE HAVE AUSTIN WATER. UH, WE ALSO HAVE PEOPLE FROM ZONING TO ANSWER QUESTIONS. THANK YOU. I THINK NEXT WE'RE GOING TO HEAR FROM THE APPLICANT AND THEN WE'LL DO KIND OF A BACK AND FORTH, UH, AS WE GO THROUGH QUESTIONS, UM, BY THE COMMISSIONERS, MR. SUTTLES, PLEASE COME FORWARD. YOU HAVE TWO PEOPLE HERE, PLEASE RAISE YOUR HANDS. IF YOU'RE HERE TO GIVE THREE MINUTES, ANDY PEST DORINE, AND WE HAVE AMANDA. THANK YOU, AMANDA. YOU HAVE NINE MINUTES, SIR. DID YOU GET THAT? THANK YOU. MADAM CHAIR, MY NAME'S RICHARD SUTTLE STANDING HERE AT THIS DISTANCE. AM I ABLE TO TAKE THE MASK OFF? DO YOU WANT ME TO KEEP IT ON? TAKE IT OFF, RICHARD. THANK YOU. I'M GONNA, UH, I'VE GOT TO GATHER MYSELF BECAUSE I'M SO ANGRY AT THE PRESENTATION THAT I JUST SAW. SO IT'S GOING TO TAKE ME JUST A MINUTE TO GATHER MYSELF, BUT WE'LL, WE'LL GET THROUGH THIS. UM, WHAT I'LL DO IS I'LL START OUT BY JUST SHOWING WHY WE'RE HERE AND HOW WE GOT HERE AND WHY THE PUD. AND THEN I'LL TRY TO EXPLAIN WHY THAT HAS DECIDED TO IGNORE WHAT THE CODE ACTUALLY SAYS ABOUT SUPERIORITY. SO, UM, LET ME SEE, DO I CONTROL MY PRESENTATION? OKAY, SO LET'S START OUT. WE CAN SKIP THAT ONE. OKAY. SO EIGHTH WENT THROUGH A CHART WHERE SHE HAD A LOT OF RED MARKS AND THE GREEN MARKS. AND I WANT TO COME BACK TO THIS ONE BECAUSE THIS IS THE ONE WHERE I THINK WE REALLY ARE, BUT THIS, OF COURSE, THIS IS MY CHART, BUT, BUT WE'LL COME BACK TO THIS ONE AT THE END, OR MAYBE DURING THE QUESTION AND ANSWER PERIOD, NEXT ONE PLEASE. SO THE SOUTH CENTRAL PLAN, WHICH WAS A PLAN THAT WAS ADOPTED BY CITY COUNCIL INCLUDED A VERY ELABORATE PARK AND DENSE DEVELOPMENT ON THIS PROPERTY. AND THE ONLY REASON THAT THE PUD HAS BEEN FILED IS TO COMPLY WITH THE SOUTH CENTRAL PLAN. THIS IS AN ARTIST'S RENDITION OF THE PARKLAND THAT WE'RE TRYING TO ACHIEVE. AND THE ONLY WAY YOU CAN ACHIEVE THIS PARK IS THROUGH A PUD AND THROUGH THE MODIFICATIONS THAT EVA SAYS CAUSED US TO BE NOT SUPERIOR, BUT THERE'S NO WAY TO DO THIS PARK WITHOUT EITHER A VARIANCE AT THE SITE PLAN OR IMPLEMENTING THE PLAN THROUGH THE PUD PROCESS. NEXT PICTURE, PLEASE, THAT'S VIEWING FROM CONGRESS. THIS IS VIEWING FROM THE, UH, STAIRWAYS THAT WOULD GO DOWN THAT WOULD HAVE A PUBLIC ACCESS EASEMENT ON THEM FOR ACCESS TO THE PARKS. AND THAT'S LOOKING BACK AT THE CONGRESS AVENUE BRIDGE. NEXT SLIDE PLEASE. OKAY. AND THEN THIS IS FROM THE, UH, THE EASTERN EDGE OF THE PROPERTY. LOOKING BACK FROM WHERE CAPITAL METRO IS GOING TO BRING THEIR, UH, TRAIN ACROSS LOOKING WEST ALONG THE TRAIL AND THE BOARDWALK THAT WE'VE PROPOSED THAT ARE PART OF THE PLAN. NEXT SLIDE, PLEASE. THESE ARE THE THINGS THAT WERE REFERENCED IN THE SOUTH CENTRAL PLAN THAT WERE IMPORTANT TREE PROTECTION. WE'RE PROTECTING A HUNDRED PERCENT OF THE HERITAGE TREES AND WE'RE SAVING 75% OF THE PROTECTIVE PROTECTED TREES. AND THAT'S, THAT IS A SUPERIORITY ITEM THAT IS IN THE LISTED, BUT WE DON'T GET ANY CREDIT FOR THAT STREET TREES. WE'RE PLANNING ON CENTERS, WATER QUALITY CONTROLS, WE'VE GOT GREEN WATER QUALITY. THAT'S PART OF THE SUPERIORITY PROBLEM OR, UM, PROGRAM. UH, WE HAVE DUAL DISTRIBUTION, PIPING AND BUILDINGS FOR THE, UH, PURPLE PIPE WE HAVE. UM, I DON'T KNOW WHAT THAT ONE IS. I'LL LET THE ENGINEER TALK ABOUT THE POST DEVELOPMENT PEAK RUNOFF, UNDEVELOPED PEAK RUNOFF. BUT I THINK WHAT IT MEANS IS WE'RE DOING FLOOD RISK REDUCTION, OUR LANDSCAPE AREAS, 20% OF THE GROSS SIDE AREA, AND WE ARE USING RECLAIMED WATER. NEXT SLIDE. SO HERE ARE EXISTING [01:00:01] CONDITIONS. YOU ALL KNOW THE SITE, IT'S THE AUSTIN AMERICAN STATESMAN SITE. WHAT YOU SEE IN GRAY, THERE IS THE EXISTING BUILDING AND PARKING LOTS. YOU CAN SEE THE ENCROACHMENTS INTO THE, UM, ALL THE SETBACKS THAT WE HAVE, AND YOU SEE THE ONLY PUBLIC ACCESS ON THIS PROPERTY TODAY. THE ONLY PUBLIC ACCESS THAT THE CITY HAS IS THAT GREEN LINE ALONG THE TRAIL. NOW, NATHAN WILL TELL YOU THAT THERE'S ACCESS ALONG SOUTH CONGRESS AS WELL, SCOTT GRANTHAM, BUT I WILL TELL YOU THAT'S BEEN AT THE, UM, BASICALLY THE GRACE OF THE OWNER, AND THERE IS NO PUBLIC ACCESS THROUGH THIS SITE TODAY TO THE TRAIL. UM, WE'VE GOT 70, WE'RE ALLOWED TO HAVE 73% IMPERVIOUS COVER. UH, 15% OF THE WATER QUALITY ZONE IS IMPERVIOUS COVER. AND BY THE WAY, WE ARE PROPOSING LESS THAN 5% WHEN WE GET BACK TO THAT, BECAUSE YOUR TRAILS DON'T COUNT AS IMPERVIOUS COVER. UM, CURRENTLY THERE'S OVER SEVEN ACRES OF SURFACE PARKING LOTS. THERE'S TWO SEDIMENT, BIOFILTRATION PONDS. AND, UM, AGAIN, THAT'S THE ONLY ACCESS WE HAVE NEXT SLIDE SO THIS, THIS SHOWS SOME OF THE PROPOSED ENVIRONMENTAL CONDITIONS, AND I, I WON'T BORE YOU WITH GOING THROUGH THESE, BUT ALL OF THEM, BUT, UM, WE'RE BASICALLY PUTTING THE SITE BACK TOGETHER ALONG THE SHORELINE HERE, AND WE'RE, WE'RE HAVING TO WORK WITHIN THE FRAMEWORK OF THE SOUTH CENTRAL PLAN, ALONG WITH THE ENVIRONMENTAL CRITERIA MANUAL AND, AND THE ENVIRONMENTAL CODE. WE'RE GOING TO BASICALLY HAVE, UH, 1700 FEET OF RECONSTRUCTED HIKE AND BIKE TRAIL PARKS, UM, REPAIRING RESTORATION, ET CETERA. NEXT ONE, PLEASE. THESE ARE THE WETLAND SPECIES. THESE, THESE, THIS IS WHERE WE'RE GOING TO BE RESTORING THE WETLANDS BASICALLY FROM THE TRAIL TO THE RIVER IS WHAT WE'RE PROPOSING TO RESTORE WHEN WE RESTORE THE TRAIL. NEXT ONE WE'VE GOT REPAIRING HABITAT THAT WE'RE GOING TO BE ENHANCING USING ALL THE NATIVE SPECIES AND ENHANCING IT TO GOOD PLUS INCREASED FLOODPLAIN ASSESSMENT SCORE. NEXT ONE, THESE ARE THE RAIN GARDENS AND POCKET PRAIRIE'S, THAT'LL BE, UH, PLANTED AND, UH, HABITAT ENHANCED. NEXT ONE, WE WE'VE TAKEN, WE STARTED THIS PROJECT OUT BY TAKING CARE OF THE BATS AND MAKING SURE THAT WE'RE NOT DOING ANYTHING TO DISTURB THE BATS AS EIGHTH WOULD HAVE IT. SHE WOULD LIKE OUR PIER AND OUR DECK AND OR WHATEVER IT WAS PUT, UH, NEXT TO THE BRIDGE, WHICH I WILL TELL YOU WOULDN'T BE A VERY, UM, PLEASANT EXPERIENCE WHEN THE BATS ARE COMING IN AND OUT, OR ARE HANGING OUT IN THERE BECAUSE BATS DO WHAT BATS DO UNDER THE BRIDGE OR NEAR THE BRIDGE. BUT, BUT THE BAT PEOPLE HAVE TOLD US TO STAY AWAY FROM THAT BRIDGE. AND THAT'S WHY WE DON'T HAVE THE PIER RIGHT THERE AT THE BRIDGES AS STAFF HAS MENTIONED, BUT, UH, WE'RE TAKING EXTREME CARE FOR THE BATS. NEXT ONE, PLEASE. WE DID GET SUPERIORITY FOR OUR TREE MITIGATION. WE'RE PRESERVING A HUNDRED PERCENT OF THE HERITAGE TREES AND 75% OVERALL TREE PRESERVATION, RIGHT? UM, I WON'T DWELL ON THIS ONE, BUT THERE ARE A LOT OF NICE TREES ON THE SITE AND WE INTEND TO KEEP THEM. WHAT I WOULD HAVE YOU DO IS MOVE THE TRAIL 25 FEET OFF THE TRAIL OR OFF THE RIVER. AND WE'VE, AND WE'VE ANALYZED THAT WE WOULD END UP GOING DOWN TO 68% TREE PRESERVATION, CAUSE A BUNCH OF TREES GET NUKE. SHE WILL TELL YOU THAT YOU CAN WEAVE THE TRAIL IN AND OUT OF THE TREES. I WILL TELL YOU THAT BECAUSE OF THE GRADING AND THE CRITICAL ROOT ZONES, IT CAN'T HAPPEN. THE TRAIL SHOULD STAY WHERE IT IS AND WE SHOULD ENHANCE IT WHERE IT IS, IS OUR POSITION. AND THAT WAY WE CAN KEEP OUR TREE SUPERIORITY. NEXT ONE, IN ADDITION TO SAVING THE TREES, WE'RE, WE'RE DOING ENHANCED TREE PLANNINGS AND IN THE STREET TREE PLANTINGS, AND THIS GETS INTO SOIL DEPTH AND ALL THAT STUFF, BUT IT'S, IT'S AN ENHANCEMENT OVER CURRENT CODE, WHICH IS UNDER THE CRITERIA FOR SUPERIORITY IS ONE OF THE EXTRA ONES IT'S NOT SPECIFICALLY LISTED, BUT IT'S A GENERAL ONE THAT IS LISTED. NEXT ONE, PLEASE. SO CURRENTLY WHAT THE CITY HAS IS A 15 FOOT WIDE TRAIL ALONG THIS AREA. IF YOU'VE EVER, IF YOU'VE BEEN OUT THERE, WHAT YOU ARE SEEING IS A MUCH WIDER TRAIL IN 15 FEET, BECAUSE IT IS KIND OF BLED OUT OVER THE TIME. UH, CURRENTLY THOUGH, IF YOU WERE TO FENCE THAT THING OFF, IT'D BE 15 FEET AND IT'D BE VERY NARROW. WHAT WE INTEND [01:05:01] TO DO IS ENHANCE IT AND ENHANCE THE VEGETATION AROUND IT AND HELP STOP SOME OF THE EROSION THAT YOU HAVE SEEN. IF YOU'VE BEEN OUT THERE, YOU SEE SOME OF THE EROSION, THERE ARE WAYS TO STOP IT MUCH LIKE THEY DID ALONG THE RIVER, UH, JUST TO THE WEST OFFICE. NEXT ONE, THIS IS ONE THAT SHOWS THAT, UH, TO THE EAST THERE, IF WE WERE TO MOVE THE TRAIL OVER 25 FEET, YOU CAN SEE THE, THE, THE TREES ON THIS DIAGRAM THAT'LL BE TAKEN OUT. AND THE NEXT SLIDE, THAT'S WHAT YOU'RE TALKING ABOUT RIGHT THERE. WATER ON YOUR RIGHT TREES ON THE LEFT THAT GET NUKED. IF WE MOVE THE TRAIL, WE FEEL LIKE THE TRAIL SHOULD STAY RIGHT WHERE IT IS AS DOES THE TRAIL FOUNDATION. NEXT ONE MORE, MORE PICTURES OF THE TREES THAT'LL COME OUT AS A RESULT OF MOVING THE TRAIL. NEXT ONE. SO THAT'S IT. NOW, WHAT I WANT TO DO REALLY QUICKLY IS, IS GO OVER WHAT THE CODE SAYS ABOUT SUPERIORITY, WHAT THE CODE VERY SPECIFICALLY GIVES YOU A MENU OF THINGS THAT YOU CAN DO THAT IF YOU HIT THEM, YOU GET SUPERIORITY. AND I DON'T KNOW IF YOU WANT ME TO GO THROUGH THEM IN EXCRUCIATING DETAIL RIGHT NOW, BUT I WILL TELL YOU THAT WE HIT AT LEAST 11 OF THE 21 ITEMS THAT ARE IN THE CODE. AND PROBABLY MORE WHEN YOU, WHEN YOU FACTOR IN THE GENERAL CATEGORY OF OTHER CREATIVE AND INNOVATIVE MEASURES, UM, MADAM CHAIR, DO YOU WANT ME TO GO THROUGH THAT NOW? OR DO YOU WANT TO KIND OF GO THROUGH THEM LATER? 38 SECONDS? OKAY. LET'S GO. WELL, OKAY. WITHOUT, WITH JUST 38 SECONDS, I CAN'T REFUTE. I MEAN, I DON'T KNOW HOW MANY MINUTES I HAD, BUT I CAN'T DO IT IN NINE MINUTES. SHE HAD MUCH MORE, BUT I'LL BE HAPPY TO ANSWER ANY QUESTIONS AND I'LL JUST CLOSE IT MY 38 SECONDS. AND I HOPE YOU WILL ANSWER, ASK SOME QUESTIONS BECAUSE THE CHART THAT I SHOWED YOU AT THE FIRST OF MY PRESENTATION, I CAN SHOW YOU WHERE WE THINK THAT WE ARE SUPERIOR, ESPECIALLY WHEN YOU APPLY THE ACTUAL CODE AND NOT SOME ARBITRARY JUDGMENT. THANK YOU COMMISSIONERS. UM, RIGHT NOW, HOPEFULLY I'LL TAKE A NOTE. I'M GOING TO CALL ON Y'ALL AND YOU CAN GO BETWEEN BOTH STAFF OR MR. SUTTLES, DEPENDING ON WHAT YOU WANT ANSWERED AT THAT TIME, I'M GOING TO TRY TO TAKE IT IN A DIFFERENT ORDER. I'M GOING TO KIND OF GO RIGHT LEFT, RIGHT LEFT UP IN THE AIR, WHO ARE THOSE GIRLS, UH, BACK AND FORTH. SO, UH, WAS TRIED THAT AND IF WE NEED TO DO A SECOND ROUND, WE'LL DO A SECOND ROUND SOUND GOOD? YES. OKAY. SO WE'LL START OUR Q AND A, UH, WITH MR. BEDFORD. UM, I HAVE A QUESTION. WELL, UH, REGARDING THE DOC, THE, UM, THE 70 FOOT PIER, UM, IS THERE A SPECIFIC REASON WHY IT'S, UM, 40 FEET MORE THAN WHAT CODE ALLOWS I HAD TO DO THIS BACK COMMITTEE. WELL, AND I'M SORRY, WOULD YOU REPEAT THE QUESTION SO I CAN MAKE SURE I ANSWER IT? OH, OKAY. NO PROBLEM. IS THERE A SPECIFIC REASON WHY IT'S 40 FEET MORE THAN WHAT THE CODE ALLOWS FOR THE DOCK OR PEER? SO THE CODE, THE CODE IS 30 FEET BECAUSE OF THE NORMAL DISTANCES AND WIDTHS OF RIVERS AND WATERWAYS AND STUFF. WHAT WE DID IS WE, WE TALKED TO THE ROWING FOLKS AND TRIED TO ANALYZE WHAT THE USE MIGHT BE WITH THE PADDLE BOARDERS AND ALL. AND WE JUST CAME UP WITH THE 70 FEET INTO THE WATER BECAUSE OF THE, OF THE USE OF THE WATER AND THE RECREATIONAL USE. IS THERE A POSSIBILITY OF LOWERING IT, UM, FROM THE 70 FEET TO SOMETHING MORE, UM, THAT CITY WOULD ALLOW FOR, OR, UH, THE WATERSHED WOULD YOU PREFER? UH, OF COURSE WE'RE OPEN TO ALL SUGGESTIONS. WHAT WE TRIED TO DO IS FIND IN AN URBAN AREA, THE LESS DOCK AREA YOU HAVE, THE MORE CROWDED IT'S GOING TO BE. AND YOU'VE PROBABLY NOTICED OUT THERE, THE PADDLEBOARDS AND THE KAYAKERS AND THE ROWING PEOPLE, THE DIFFERENCE IN 30 AND 70 IS A BIG DIFFERENCE [01:10:01] FOR THE NUMBER OF PEOPLE THAT WOULD BE ABLE TO ENJOY IT. AND WE COULDN'T FIND AN ENVIRONMENTAL REASON NOT TO DO THAT, BUT IF THAT'S IMPORTANT TO THIS BOARD AND YOU SAY IT NEEDS TO BE 30 INSTEAD OF 70 FROM AN ENVIRONMENTAL REASON, OF COURSE, THAT'S, THAT COULD BE PART OF THE RECOMMENDATION. OKAY. UM, ALSO I WAS WONDERING ABOUT THE, THE TREES THAT ARE BEING CUT DOWN AND PLACE OF WHERE THE PIER AND WHERE THE STEPS ARE GOING TO BE. I WANTED TO KNOW WHAT KIND OF TREES SPECIFICALLY OR LOCATED IN THOSE AREAS. AND WHAT'S THE LIKELY MISS THAT THEY WOULD BE SUCCESSFULLY RELOCATED OR PLANET AS OPPOSED TO JUST CUTTING THEM DOWN AND GETTING RID OF THEM. LIKE, ARE THEY A CERTAIN SPECIES THAT ARE STRONG ENOUGH TO SURVIVE BEING RELOCATED WITH WITHOUT REALLY LOOKING AT IT? I WOULD, I DON'T KNOW IF TAKING THE TREE OUT WOULD BE BETTER FOR THE SHORELINE AND TAKEN OUT. I THINK THE TECHNIQUE WE WOULD PROBABLY GET WITH OUR TREE PERSON ON WHAT THE BEST TECHNIQUE WOULD BE TAKEN INTO ACCOUNT, BOTH SHORELINE DAMAGE AND, AND WHETHER OR NOT THE TREE SHOULD BE CUT OFF AT THE GROUND OR NOT. SO WE WOULD PROBABLY DEPEND ON OUR TREE PEOPLE, BUT RECALL THAT THOSE TREES ARE COUNTED IN THE, IN THE TREES THAT THE 25% THAT WERE TAKEN OUT AND IT'S TO PROVIDE, UH, OPEN ACCESS TO THE WATER. WE'VE WRESTLED WITH THIS IN AN URBAN PARK, WE'VE TALKED TO A LOT OF PEOPLE AND A LOT OF PEOPLE WANT ACCESS TO THE WATER. AND OUR ANSWER TO THAT IS INSTEAD OF HAVING JUST WORN OFF SHORELINE, BUILD THE INFRASTRUCTURE THAT WAS CONTEMPLATED BY THE SOUTH CENTRAL PLAN. SO YOU CAN ACTUALLY GO DOWN THE STAIRS AND GO OUT ONTO THE PEERS. AND THAT HELPS ON THE EROSION AS WELL. OKAY UM, I BELIEVE THAT W OH, AND, UM, ALSO I WAS WONDERING ABOUT THE, UM, THE UNDERGROUND, THE UNDERGROUND POND, LIKE WHAT WOULD BE B BENEFITS OF DOING, OF CHANGE TO GET TO UNDERGROUND? SO THIS IS ONE WHERE WE ACTUALLY AGREED WITH EIGHTH AND STAFF, WE HAD A LARGE BIOFILTRATION POND. IT WAS TUCKED UP CLOSE TO THE CONGRESS AVENUE BRIDGE BECAUSE OF THE DEPTH OF IT. IT LOOKED LIKE WE ARE GOING TO BE REQUIRED TO FENCE IT, WHICH TAKES IT OUT OF ENJOYMENT OF PEOPLE. I MEAN, THERE'S A FENCE THERE NOW, BUT IT WOULD TAKE IT OUT. SO WE LOOKED AT THAT AND DECIDED TO PUT THAT AREA OF LAND BACK INTO JUST UNENCUMBERED PARKLAND, TAKE THE VOLUME OF THAT, PUT IT UNDERGROUND IN A SISTER AND TAKE IT OUT OF THE CRITICAL ZONE. PUT IT IN AN UNDERGROUND SISTER. AND IT DOES TWO THINGS. ENVIRONMENTALLY ONE, IT, IT TOOK THE NEED TO HAVE THE FENCE 10 POND THERE AT THE BRIDGE, BUT NUMBER TWO, AND IT GIVES US ANOTHER ALTERNATIVE WATER SOURCE FOR NON-POTABLE USE FOR YOUR IRRIGATION OF, OF, UH, LANDSCAPE AND THE PARK. AND THEN WE COULD, IT'S OUT OF SIGHT OUT OF MIND, AND YET IT HAS A VIABLE REUSE OF WATER COMPONENT. OKAY. THANK YOU. THAT'S A GOOD QUESTION. AND IT'S UNDERGROUND. UH, NEXT, WE'RE GOING TO GO TO COMMISSIONER BRIMER. UH, THANK YOU TO BOTH OF YOU FOR YOUR TIME. UH, I, MY FIRST QUESTION HAS TO DO WITH THE, UH, CONTRACT OR CONCRETE, UH, HIKING PATHS, UH, AND THE IMPERVIOUS COVER. THIS IS A SMALL ITEM PERHAPS, BUT, UH, WELL, HIKING TRAILS IN AUSTIN ARE NOT CONCRETE. THEY'RE DECOMPOSED, GRANITE, WHICH, YOU KNOW, REMOVES THE PROBLEM OF IMPERVIOUS COVER. UH, YOU KNOW, I, I CAN SEE WHY TO SOME DEGREE YOU'D WANT TO USE CONCRETE, UH, BUT FROM AN IMPERVIOUS COVER STANDPOINT, WHY WOULDN'T YOU CONSIDER DEEP CO'S GRANTED OR SOME OTHER SUBSTANCE LIKE THAT? THAT'S A GOOD QUESTION. I WILL TELL YOU THAT BETWEEN ADA COMPLIANT TRAILS, MODERN ADA COMPLIANT TRAILS, UH, AND WEAR AND TEAR, THERE ARE JUST SOME AREAS THAT DECOMPOSED GRANITE WORKS WELL. AND IN SOME AREAS CONCRETE WORKS WELL. EVEN WHEN YOU USE DECOMPOSED GRANITE, I BELIEVE YOU'VE GOT TO BUILD UP THE BASE UNDER IT TO WHERE IT'S NEARLY IMPERVIOUS ANYWAY, BUT ALL THAT IS KIND OF A FUNNY WAY TO HAVE A CONVERSATION ABOUT THIS BECAUSE IN THE CODE MULTIPURPOSE TRAILS, CONCRETE DECOMPOSED, GRANITE, OR WHATEVER ARE NOT COUNTED AGAINST IMPERVIOUS COVER [01:15:01] BY CODE. UH, MY NEXT QUESTION HAS TO DO WITH, UH, SOMETHING THAT YOU DIDN'T ADDRESS WAS, UH, DIRECTLY. YOU SAID THAT THE, UH, CURRENT ACCESS IS, UH, YOU KNOW, ADJACENT CONGRESS AVENUE IS GRANTED SOLELY UNDER THE DISCRETION OF THE CURRENT OWNER THAT DOESN'T PREVENT YOU FROM ALLOWING ACCESS THAT WAY WITHOUT FORCING THE PUBLIC THROUGH, UH, YOUR DEVELOPMENT AS A MATTER OF CONVENIENCE SLASH COURTESY SLASH EVERYTHING. I MEAN, FROM WHAT I UNDERSTAND, UH, BRIEFLY LOOKING AT YOUR DEVELOPMENT, UH, I THINK IT'S GOING TO BE ATTRACT YOU DON'T HAVE TO DRAW PEOPLE IN WITHOUT REQUIRING THEM TO WALK THROUGH IT IN ORDER TO ACCESS THE PUBLIC ASPECTS OF IT. WHY NOT JUST ALLOW PEOPLE TO ACCESS FROM SAY THE SIDEWALKS OF CONGRESS AVENUE DOWN ALONG THE, THE, UH, YOU KNOW, THE AREA I'M SURE MOST OF THE PEOPLE THAT GO DOWN THERE WILL BE MORE THAN HAPPY TO, UH, YOU KNOW, ACCESS YOUR DEVELOPMENT AND THE FOOD COURTS AND, AND, YOU KNOW, WHATEVER ELSE, YOU KNOW, ENTERTAINMENT AND WHATEVER ELSE YOU'VE GOT GOING ON DOWN THERE. WELL, THE REASON FOR BRINGING IT THROUGH IN THE OTHER WAYS IS NOT TO BRING THEM THROUGH THE DEVELOPMENT AND ACCESS TO FOOD COURTS AND ALL, AGAIN, WE'VE GOT ADA COMPLIANT ISSUES RIGHT NOW. I DON'T BELIEVE THAT THAT IS AN ADA COMPLIANT ACCESS POINT OFF CONGRESS AVENUE. THE OTHER THING THAT'S GOING ON ON THIS ENTIRE SITE IS IMAGINE THIS SITE IS, AND I'M GONNA USE ROUND NUMBERS, BUT LET'S JUST SAY THIS SIDE IS 19 ACRES. IT'S 18.9, BUT 19 ACRES UNDER THE SOUTH CENTRAL PLAN. THIS SIDE IS BEING ASKED TO BEAR THE BURDEN OF, UH, THE PARK ON ONE SIDE, NEW BARTON SPRINGS ROAD EXTENSION ON THE OTHER PLUS ROADWAYS DOWN THE MIDDLE TO GET DOWN TO THE PARK. AND IF YOU CAN BELIEVE IT OR NOT, BY THE TIME THE PUBLIC REALM IS ALL TAKEN OUT OF THIS, WE'VE GOT ABOUT SEVEN ACRES LEFT TO DEVELOP. SO THEN YOU, YOU, THEN YOU GO OVER AND TALK TO AUSTIN TRANSPORTATION DEPARTMENT AND THEY WANT, NOT ONLY DO THEY RUN ROADS, BUT THEY WANT BIKE LANES AND THEY WANT BIKE ACCESS DOWN THROUGH THE SITE IN, INTO THE, UM, DOWN TO THE TRAIL. SO WITH ALL THOSE THINGS, IT'S, IT'S ALMOST LIKE A MATH EQUATION RATHER THAN HAVE THE ACCESS COME OFF OF CONGRESS. WE DECIDED TO TAKE THE ACCESS OFF BARTON SPRINGS ROAD AND DOWN THROUGH. NOW, THE OTHER COMPONENT IS, IS THAT WHEN YOU BACK THAT SEVEN ACRES OF DEVELOPABLE LAND UP, IT ACTUALLY BUTTS UP AGAINST CONGRESS AVENUE AND WHERE THAT THING DROPS OFF REAL STEEP, WHERE THAT TRAIL IS, THAT'S ACTUALLY GOING TO BE BROUGHT UP AND THERE WILL ACTUALLY BE DEVELOPMENT THERE ALONG CONGRESS AVENUE. SO THAT'S WHY, THAT'S WHY THAT ACCESS. I UNDERSTAND THE ADA COMPLIANCE IS A PROBLEM, BUT EIGHT ADI COMPLIANCE IS NOT AN EXCUSE NOT TO DO SOMETHING. THERE'S LOTS OF WAYS TO MAKE THINGS ADA COMPLIANT AND JUST SAY, WELL, WE'RE NOT GOING TO DO IT CAUSE IT'S HARD. A LOT OF THINGS ARE HARD, BUT THAT IS NOT EXCUSE TO DO IT. YOU KNOW, NOT TO DO SOMETHING. IT MEANS THAT YOU HAVE TO BE MORE CREATIVE AND RE-LOOK OR REEVALUATE THINGS TO SEE HOW YOU CAN ACTUALLY DO IT. UH, I'M SURE IT'S NOT IMPOSSIBLE. AND THE FACT THAT THE FACT THAT THE PROPERTY, UH, YOU KNOW, MAY SAY 19 ACRES AND YOU ONLY DEVELOP SEVEN, YOU KNOW, THAT'S, YOU KNOW, FROM MY POINT OF VIEW, THAT'S KIND OF LIKE THE COST OF DOING BUSINESS. YOU KNOW, YOU, YOU PURCHASED THE PROPERTY KNOWING THERE WOULD BE CHALLENGES AS FAR AS THE CITY REQUIRING TO DO CERTAIN THINGS. SO GOING IN THERE, YOU KNEW YOU WEREN'T GOING TO BUILD, YOU KNOW, FOOD COURTS AND APARTMENTS AND YOU KNOW, BUSINESSES ALONG WITH ALL 19 ACRES. SO, YOU KNOW, THERE'S ISSUES THERE. BUT MY NEXT QUESTION IS, WELL, CAN I, CAN I RESPOND TO THAT BRIEFLY THOUGH? BECAUSE WHAT WE'RE TRYING TO DO IS WHAT THE CITY TOLD US TO DO THE SOUTH CENTRAL PLAN. UM, WHAT YOU'RE ASKING US TO DO IS NOT ONLY TAKE THE PARKLAND FROM THE RIVER BARTON SPRINGS ROAD FROM THE SOUTH, BUT NOW YOU'RE ASKING US FOR A BUFFER FROM CONGRESS AVENUE AND THAT'S REASONABLE MINDS CAN DIFFER ON THAT. BUT AT SOME POINT YOU GOT TO LEAVE SOMETHING OR ELSE THIS TRACK WILL HAVE NO CHOICE, BUT TO SAY, WE'RE NOT GOING TO DO THE SOUTH CENTRAL PLAN. THERE WILL BE NO PARKLAND AND NO SETBACKS. AND NOW WE'RE BACK TO JUST A REGULAR OLD RUN OF THE MILL DEVELOPMENT. SO I GUESS WHAT I'M SAYING IS, I MEAN, BY TRYING TO DO SOMETHING NICE ON THE SOUTH CENTRAL PLAN, WE JUST HAVE SOME CONSTRAINTS. AND IF YOU WERE TO REQUIRE US TO DO THE ACCESS ALONG CONGRESS, NOW YOU'VE BASICALLY, WE'VE GOT THE TRAIN STATION ON THE EAST BARTON SPRINGS ON THE SOUTH PARKS ON THE NORTH. AND NOW YOU'RE ASKING US FOR A CONGRESS AVENUE SET BACK AND TRAIL ON THE WEST. [01:20:01] AT SOME POINT WE GOT TO PICK, BUT THAT'S A GOOD POINT. I MEAN, EVERYTHING'S OPEN TO NEGOTIATE SHIRTLESS. AND SO I'M NOT SAYING YOU HAVE TO DO ANYTHING. I'M JUST SAYING THAT EVERYTHING'S OPEN TO NEGOTIATION AND I'M ASKING QUESTIONS. I JUST DON'T WANT YOU TO THINK THAT WE'RE BEING JERKS BY SAYING WELL, YEAH. UH, I THINK WHAT OUR STAFF WANTED TO MAKE A COMMENT SOMEHOW SOME WAY ON THIS DISCUSSION, YOU'RE HAVING AND MESS WITH ALL OF THIS. I THANK YOU. THIS IS LIZ JOHNSTON, DEPUTY ENVIRONMENTAL OFFICER. AND I DID JUST WANT TO OFFER SOME CLARITY ABOUT THE TRAIL AND IMPERVIOUS COVER. AND I'M ASKING FOR SETBACKS JUST TO, JUST TO MAKE, MAKE SURE WE'RE ALL ON THE SAME PAGE. SO IT IS TRUE THAT MULTIUSE TRAILS AND A PUBLIC EASEMENT DO NOT COUNT TOWARDS, UM, THE IMPERVIOUS COVER OF A, OF A SITE, BUT THERE ARE ALSO REGULATIONS THAT DICTATE WHERE TRAILS CAN BE LOCATED IN RELATION TO THE SHORELINE, THE CRITICAL WATER QUALITY ZONE. AND SO A LARGE MULTI-USE TRAIL SUCH AS THIS ONE, USUALLY, UH, UNDER CURRENT CODE WOULD BE REQUIRED TO BE, UH, 50 FEET FROM THE SHORELINE AND LIMITED TO 12 FEET IN W OR, OR LIMITED TO 12 FEET IN WIDTH, EARTH. AND TRAILS CAN BE CLOSER THAN THAT IF THEY'RE SIX FEET. SO THE EXISTING TRAIL IS ALREADY OUT OF COMPLIANCE WITH CURRENT CODE. AND SO WE WERE REQUESTING, UM, NOT TO ACTUALLY MEET CODE, BUT TO IMPROVE AND REDUCE THE AMOUNT OF, UM, UH, THAT THE TRAIL DOES NOT MEET CURRENT CODE. SO WE'RE ASKING TO MOVE AT 25 FEET AWAY. UM, I, I DO UNDERSTAND THERE ARE SOME CONCERNS WITH TREES, BUT WE DO BELIEVE THAT THERE'S WAYS TO KIND OF, UH, DESIGN AROUND THAT CONSIDERING THE PARKING LOT AT STATESMAN IS GOING TO BE REMOVED ENTIRELY THE HILL, THAT SOME OF THOSE TREES ARE GOING TO BE ON, UM, IS GOING TO BE REMOVED AND TO SOME EXTENT, AND, AND SO THERE'S THERE'S ROOM TO GO BEHIND THE EXISTING TREES RATHER THAN REMOVE THEM. SO WE THINK THAT THERE'S, THERE ARE DESIGN SOLUTIONS TO PRESERVE THE TREES IF NEEDED. UM, BUT I, I ALSO JUST WANTED TO OFFER, UH, IF YOU HAVE ANY QUESTIONS ABOUT, ABOUT THAT, WE ARE HERE TO OFFER SOME CLARITY. THANK YOU. THANK YOU. STEP YOUR NEXT QUESTION. YEAH, MY NEXT QUESTION WAS, UH, HAVE YOU LOOKED AT, UH, YOU KNOW, YOU, AND THIS IS REALLY KIND OF A CATCHMENT WATER OFF THE THROUGHS OF THE BUILDING, STORING THE WATER AND USING IT AS, UH, YOU KNOW, FOR, YOU KNOW, RAIN, RAIN, WATER FOR WATERING THE, UH, THE GROUNDS AND THAT SORT OF THING. IF YOU ALL LOOKED INTO THAT, ANY EXTENT WE'RE GOING TO HAVE PROBABLY MORE WATER THAN WE NEED, EITHER FROM ROOFS CONDENSATE, WE HAVE A, UH, AN LCRA CONTRACT TO TAKE OUT OF THE RIVER. WE'RE GOING TO HAVE RECLAIMED WATER, AND THEN WE'RE GOING TO HAVE RAINWATER CAPTURE FROM OUR WATER QUALITY PONDS AS WELL. THAT CAPTURE A LOT OF THE STUFF OFF THE ROOF AND ALL. SO YOU'RE EXACTLY RIGHT. WE WILL BE CAPTURING A LOT OF WATER. MY FINAL IS, UH, YOU TALKED ABOUT THESE, UH, GARDENS YOU'RE GOING TO GET, ARE ANY OF THEM GOING TO BE A BUTTERFLY GARDENS? OH, COMMISSIONER BROWER. I MAY GET SOME UP HERE THAT KNOWS MORE ABOUT THESE. ARE THERE BUTTERFLY GARDENS? YES, THEY'RE THERE. I JUST KNOW THEM AS RAIN GARDENS, BUT THEY DO, THEY HAVE A WHOLE ECOSYSTEM THAT GOES RIGHT. AND I'M SURE A GARDEN IS A REAL GENERAL TERM, BUT THAT WAS, AND THAT'S MY LAST QUESTION. THANK YOU. THANK YOU. THANK YOU, COMMISSIONER. ALL RIGHT. NOW WE'RE GOING TO LET THE PEOPLE IN THE SKY, UH, COMMISSIONER THOMPSON. DO YOU HAVE QUESTIONS? CAN YOU HEAR ME? YES. THANK YOU. OKAY. UM, LET'S SEE. I WAS LOOKING UNDER SECTION TWO POINT, UH, LET'S SEE, UH, 25 DASH TWO DASH 7 2 1, FOR INSTANCE, BE PER INSTANCE, TWO IT'S THE WATERFRONT OVERLAY AND THE COMBINING DISTRICT, UH, REGULATIONS. SO SOUND IS MENTIONED THERE, AND I HAVEN'T HEARD ANY DISCUSSION OF IT. AND WITH MR. SUTTLES, UM, DIAGRAMS, I SAW ALL KINDS OF RESTAURANTS. AND THE REASON I SAY THAT IS THAT SOMETIMES WHEN YOU, I MEAN, IF WE'RE, IF WE'RE WANTING TO RESTORE HABITAT, WE NEED TO TALK ABOUT THE SOUND IN SOME OF THOSE AREAS, UM, AND FOR PEOPLE'S ENJOYMENT AS WELL. AND IT IS, ARE WE GOING TO GET INTO SOME SORT OF, UM, ARUP HAHA ABOUT IT LATER, WE MAY AS WELL TALK ABOUT IT NOW IT COULD BE SOMETHING THAT WE COULD SORT INITIALLY. UM, I WONDERED ABOUT THE CONDITIONS. I KNOW THAT HE JUST SAID THAT THEY HAD, UH, PERMISSION FROM [01:25:01] THE LCRA. UM, I GUESS THE CONDITIONS FOR DRAWING WATER THERE WOULD BE, IS IT DIFFERENT IN LADYBIRD LAKE? SO THAT'S A QUESTION. UM, I'M WONDERED ABOUT THE, UH, CHANGES. IS THERE GOING TO BE SOME SORT OF ABUTMENT REQUIRED IN THE PROPOSED DEVELOPMENT THAT THEY HAVE NOW, UNLESS THEY CONFORM TO WATERSHEDS, UM, SUGGESTIONS OF PRESERVING, UH, THE LAKEFRONT AND KEEPING THE TREES AS THEY ARE? UM, I, I'M NOT SURE SINCE WE TRIED TO UNDO THAT ALL UP AND DOWN THE LAKE, I'M NOT SURE THAT THAT WOULD BE, I MEAN THAT MIGHT BE A DEAL BREAKER. UM, SO THE OTHER THING THAT KIND OF CONCERNED ME WAS, UM, WE COULD HAVE UP TO 35% REFLECTING GLASS AND WE'RE DOWN TO 15 AND I'M WONDERING WHY, UM, I KNOW THAT THAT WOULD BE OKAY, BUT I DON'T. I ALSO THINK THAT, UM, ACCESS COMING DOWN FROM SOCO IS, UM, NOW ALL UP ON THE STREET, AS OPPOSED TO, UM, NOW YOU HAVE THE OPTION WHEN YOU GET THERE TO EITHER JUST GO DOWN INTO THE, UM, TO THE TRAIL, THROUGH THE TRAIL. AND I'M, I'M WONDERING, UM, IF PEOPLE HAVE TO KIND OF GO THROUGH THE MAZE THERE, HOW ENJOYABLE THAT'S GOING TO BE AN, I DON'T KNOW, I THINK A LOT OF THE BUSINESSES AND THINGS THAT WOULD BE THERE THAT WOULD BE ON THOSE DIFFERENT TIERED LEVELS BEFORE THE BUILDING STARTS UP ABOVE IT. I'M WONDERING ABOUT THE NOISE THAT'S GOING TO OCCUR THERE, UM, FOR, UM, UH, THE PEOPLE LIVING ABOVE IT AND FOR THE PEOPLE IN THE TRAIL FOR WILDLIFE AND, UH, COMMISSIONER THOMPSON. CAN WE START WITH SOME OF YOUR QUESTIONS, STAFF? YEAH. IT'S GIVING YOU AN OVERVIEW AND THEN I'LL JUST KIND OF SET BACK AND OKAY. AND IF WE MISS SOMETHING, WE'LL TRY TO HIT MOST OF YOUR POINTS. THAT'S NOT ME, BUT STEP SO PAM, CAN YOU REPEAT YOUR CODE CITATION? WE HAVE A ZONING FOLKS HERE AND THEY'LL LOOK IT UP. OKAY. UM, I WAS READING THIS IN THE BACK-UP AND THE SECTION THAT I GOT WAS 25 DASH TWO DASH 7 2 1 PRINCES B FOR INSTANCE, TOO. AND IT'S IN THE WATERFRONT OVERLAY, UH, COMBINING DISTRICT REGULATIONS AND THE THREE THINGS THAT I READ IT DOWN WERE THE BIRD PROOF GLASS AND THE LIGHT AND DARK SKY INITIATIVES. BUT I DIDN'T HEAR ANYTHING FOR THE SOUND. AND I DO THINK THAT IS SOMETHING WE SHOULD CONSIDER AS AN ENVIRONMENTAL ASPECT. OKAY. ALL RIGHT. UM, IS LOOKING AT UP AND, UH, I THINK THERE WAS ONE OTHER QUESTION THAT YOU HAD ABOUT THE REFLECTIVITY AND, UH, WE HAD THE AUDUBON SOCIETY COME AND GIVE US A PRESENTATION A COUPLE OF YEARS AGO. DO YOU REMEMBER THAT? AND THEY SUGGESTED THAT 15% REFLECTIVITY WAS THE APPROPRIATE AMOUNT TO AVOID, UH, BIRD COLLISIONS. AND SO THAT'S WHERE THAT NUMBER CAME FROM. OKAY. WELL I UNDERSTAND, BUT IT CAN BE AT THE 35% AND, UM, DEPENDING ON, UH, SHADED AREAS, FULL SUN OR WHATEVER, I DON'T KNOW. I JUST THINK IT'S SOMETHING THAT MIGHT BE NEGOTIABLE THAT WE MIGHT MENTION TO THEM THAT THEY COULD, THEY COULD IMPROVE THAT. I MEAN, I UNDERSTAND THAT THE 15 IS GOOD. IT IS GOOD. UM, I ALSO WANTED TO CLARIFY ABOUT SOUND, UM, TO YOUR POINT. UM, AND I, I GUESS FROM OUR PERSPECTIVE, WE'RE LOOKING MORE AT NATURAL AREA PRESERVATION, UM, WATER QUALITY, AND WE DON'T REALLY FEEL THAT SOUND IS, UH, IS AN ENVIRONMENTAL BENEFIT IN THE TRADITIONAL SENSE. SO WE HAVEN'T FOCUSED ANY QUESTIONS ON THAT, BUT, UH, COMMISSIONER THOMPSON, YOU COULD SAY THAT SOMETHING, WHEN WE GET DOWN TO TWO CONDITIONS, YOU COULD ADD THAT I'M SURE MR. RUSS TOBIN KNOWS ABOUT THE SOUND REGULATIONS THAT ARE ALREADY IN, IN OUR CITY AND ABIDE BY BLAH, BLAH, BLAH. JUST ADHERE TO THOSE PERHAPS, BUT WE COULD TRY TO CRAFT SOMETHING FOR YOU ABOUT IT. UM, THE [01:30:01] THING THAT I'M WORRIED ABOUT IS THE ENJOYMENT OF THE PEOPLE ALONG THE TRAIL AND THE PEACE AND TRANQUILITY. UM, AND IF, IF SOMEHOW THAT CAN BE, UM, ADDRESSED BEFORE THE PROBLEM OCCURS. UM, THAT'S ALL, YES, WE'LL WILL, THE SOUND ORDINANCE WILL IMPACT A LOT OF THAT. AND IN COMPLIANCE WITH THE SOUND ORDINANCE WILL BE OF COURSE, ADHERED TO YOU RAISED AN ISSUE ABOUT, UM, SHORELINE AND THE ABUTMENTS. AND, AND BASICALLY I CALL THEM RETAINING WALLS. ONE OF THE THINGS THAT I DON'T THINK WE'RE GETTING ANY CREDIT FOR IS THAT WE HAVE THE ABSOLUTE RIGHT TO RECLAIM ABOUT A HALF ACRE ALONG THE RIVER TODAY, THE COUNCIL ACTED ON THAT 1960, AND WE COULD GO OUT AND PUSH DIRT INTO THE RIVER TODAY AND RECLAIM ANOTHER HALF ACRE. WE'VE WE'VE CHOSEN NOT TO DO THAT AS PART OF THIS, EVEN THOUGH IT WOULD ADD A HALF ACRE OF PARKLAND. UM, BUT WE DON'T INTEND TO DO THE, THE, THE REINFORCED, UM, SHORELINE EITHER. WE'RE GOING TO TRY TO DO THAT THROUGH PLANTINGS AND THE RESTORATION OF THE RIPARIAN PLANTS THROUGH THERE. AND I KEEP LOOKING UP AT THE SCREEN, SORRY, I'M SPEAKING TO Y'ALL AS WELL, NASTY, UM, TO THE POINT ABOUT RECLAIMING THERE, THERE ARE A LOT LINE DOES EXTEND INTO THE LAKE, BUT, UM, IN OTHER CASES WHERE PEOPLE HAVE ASKED TO RECLAIM LAND, UM, THERE'S CERTAIN REGULATIONS THAT PROHIBIT THAT. SO SINCE THE 1950S, THERE'S BEEN A PROHIBITION AGAINST, UM, PLACING FILL IN THE LAKES. UM, AND SO THE, THE CURRENT CODE SAYS THAT YOU CAN RECLAIM UP TO, UH, WHERE, UH, AN ERODING BANK UP TO, UH, WHERE IT WAS 10 YEARS AGO. SO WE WOULDN'T, WE WOULDN'T AGREE THAT THEY HAVE THE RIGHT TO RECLAIM THAT LAND AGAIN. SO, UM, I'M CERTAIN THAT THE STAFF WILL BE SURPRISED AT A BOUNDARY LINE AGREEMENT THAT WAS ENTERED INTO BETWEEN THE CITY AND THE PROPERTY OWNER IN 1960, GIVES US THE COUNCIL APPROVED RIGHT TO DO THAT TODAY. AND I MEAN, REASONABLE MINDS CAN DIFFER ON THAT, BUT I CAN TELL YOU, WE DON'T WANT TO DO THAT THOUGH, BECAUSE THAT'S PART OF OUR COMPLIANCE WITH CURRENT CODE. I MEAN, THIS THING HAS BEEN AROUND A LONG TIME. THERE'S WAYS TO CLAIM GRANDFATHERING A LOT OF DIFFERENT WAYS ON THIS. ONE OF THE THINGS THAT WE'RE CLAIMING AS PART OF OUR SUPERIORITY IS THAT WE ARE GOING UNDER CURRENT CODE, BUT WE DON'T GET CREDIT FOR THAT. WE CAN GO THROUGH ANOTHER ROUND COMMISSIONER THOMPSON. I'M GOING TO MOVE ON THAT'S OKAY. ALL RIGHT, NEXT STEP. I'M GOING TO CALL ON THE OTHER REMOTE. OKAY. NOW I'M GOING TO DO IT AT ANOTHER WAY. COMMISSIONER CORRECTION, YOUR NEXT. NO, YOU NEED TO GET YOUR OKAY. HEY, THIS ONE LOOKS A LOT BETTER. OKAY. UH, YEAH, I GUESS I'M GONNA HAVE TO SIT NEXT TO NEXT TO PERRY FOR THIS ONE. UH, YEAH. SO MY QUESTION WAS ABOUT, UM, YOU KNOW, THE TRAILS, OBVIOUSLY THERE'S A LITTLE BIT OF A BACK AND FORTH ON SORT OF THE, THE TRAIL PART ON THE RIVER. YOU KNOW, Y'ALL WANT TO SORT OF HAVE THE TRAIL FROM WHAT I UNDERSTAND STARTED CUT THROUGH, UM, YOU KNOW, THE PROPERTY AND THE DEVELOPMENT. UM, I'D SEEN IN LIKE THE LITTLE, UM, LITTLE RENDERINGS, UH, THERE WAS LIKE A LITTLE SORT OF LIKE AUDITORIUM OR LIKE, UH, LIKE A PUBLIC SPACE THAT WOULD BE NEAR THE BRIDGE WHERE THE BATS WOULD BE. UM, BUT Y'ALL SAID THAT Y'ALL DIDN'T NECESSARILY WANT LIKE A TRAIL AROUND THERE. I WAS JUST CURIOUS, WHY NOT HAVE THE SECTION OF THE TRAIL SORT OF GO ALONG CONGRESS? BECAUSE I THINK THAT WOULD PROBABLY ADD TO THE VALUE OF THE PROPERTY AS WELL. IF PEOPLE COULD WALK ALONG THAT NOW, OBVIOUSLY THAT GIVES YOU A LITTLE BIT LESS SPACE TO DEVELOP ON. SO I'M, UH, I'M AWARE OF THAT, BUT YEAH. UM, WHY NECESSARILY HAVE THE ONLY ROUTE B ON THE RIVER AND THROUGH THE PROPERTY AND NOT ON CONGRESS AS WELL, ESPECIALLY IF YOU'RE GOING TO HAVE AN AUDITORIUM THAT WOULD BE, I ASSUME THAT PEOPLE CAN WALK TO, YOU KNOW, THE BEST THING TO DO TO TALK ABOUT THIS ISSUE MAY BE TO PULL THE DIAGRAM UP. AND I DON'T KNOW IF WE'RE ABLE TO, IS [01:35:01] IT IN OURS? DO WE HAVE OUR STREETS IN THIS ONE? LET'S SEE WHAT WE CAN DO. UH, THAT ONE THAT ONE'S EXISTING. THAT'S THE TREE SURVEY. LET'S LET'S GO TO ANOTHER ONE. I'M SORRY. IT'LL JUST TAKE ME A MOMENT HERE TO I'LL FIND SOMETHING I CAN TALK FROM. NO, NO, LET'S, LET'S START, LET'S GO BACK TO THAT ONE RIGHT NOW. SO YOU SEE LONG CONGRESS AVENUE, THE WAY THIS, BY THE TIME YOU, YOU BUILD ALL THE ROADS AND ALL YOU SEE WHERE THERE'S A BUILDING ON, ON CONGRESS AVENUE, BUT THEN WHAT YOU ALSO SEE IS COMING OFF CONGRESS RATHER THAN GOING STRAIGHT DOWN FROM THE TRAIL, RIGHT, WHERE IT IS NOW, YOU WOULD KEEP GOING ON BARTON SPRINGS ROAD AND YOU WOULD HAVE AN ACCESS POINT, TAKE A LEFT. THAT'S AN ACCESS POINT, GO TO THE SECOND LEFT. THAT'S ANOTHER ACCESS POINT. AND THEN YOU COME ALL THE WAY TO THE EASTERN PROPERTY WHERE CURRENTLY, UM, FOLKS HAVE MADE THEIR OWN TRAIL, BUT THERE'S CURRENTLY NO ACCESS ON THE EASTERN PROPERTY LINE EITHER TO THAT TRAIL. AND WHAT WE'RE PROPOSING IS BICYCLE AND PEDESTRIAN ACCESS ON THE EASTERN SIDE. SO ALTHOUGH WE'RE PROPOSING TO NOT HAVE THE CONGRESS AVENUE ONE, WE'RE OPENING IT UP FROM TWO, TWO TO FIVE OR SIX ACCESS POINTS. DID, DID THAT HELP AT ALL? CAUSE I GUESS RIGHT NOW, RIGHT, FOR THE CONGRESS SECTION, RIGHT. I THINK THERE, UM, ESSENTIALLY TWO SORT OF SMALL ACCESS POINTS. THERE'S LIKE THE ONE MAIN ENTRANCE FOR THE STATESMAN. AND THERE'S LIKE KIND OF LIKE THAT LITTLE PEDESTRIAN BRIDGE THAT YOU CAN WALK UP TO. SO Y'ALL WOULD BE KEEPING THOSE MAIN ENTRANCES. NO, BECAUSE ACTUALLY WHAT HAPPENS IS THIS SITE GETS BUILT UP BECAUSE WE'RE PUTTING A 40,000 CAR PARKING GARAGE UNDERGROUND. AND SO IT WILL BE BUILT UP. AND SO THERE'LL ACTUALLY BE A BUILDING WHERE THOSE, THAT CURRENT TRAIL IS, BUT JUST, JUST TO THE EAST OF IT, YOU'LL HAVE THREE, UH, THREE DIFFERENT ACCESS POINTS PLUS A FOURTH AT THE END FOR, FOR WHERE THE ROADS ARE. YEAH. GOTCHA. WE'RE ACTUALLY, THIS PLAN ACTUALLY INCREASES ACCESS TO THE TRAIL BY A MULTIPLE. YEAH, THAT'S UH, THAT'S MY MAIN QUESTION WAS JUST, YOU KNOW, AS SOMEONE WHO TAKES THE TRAIL A LOT IN THIS AREA, UM, OBVIOUSLY I CAN SEE THE, UH, THE VALUE OF HAVING, YOU KNOW, ROADS AND STARTED DEVELOPMENTS WITHIN THERE. BUT I THINK, YOU KNOW, IT WOULD ALSO BE, UH, BE COOL TO BE ABLE TO, UH, KEEP OUR ENHANCE THE, UH, THE CHARACTER OF THE TRAIL AS WELL. SO, BUT I APPRECIATE THE, UH, THE BACK AND FORTH AND THE DIFFERENT PERSPECTIVES, YOU KNOW, LIKE THANK YOU. ALL RIGHT. UH, THE NEXT PERSON THAT I'M GOING TO CALL HIM ON FOR Q AND A WILL BE COMMISSIONER BARRETT, BIXLER. HI, I'M ON THE SCREEN. THANK YOU FOR PRESENTING TEST TONIGHT. UM, I DO HAVE A FEW QUESTIONS FOR YOU AND I GUESS I'LL JUST GO ONE AT A TIME. AND, UM, THE FIRST ONE IS MORE OF A CLARIFICATION QUESTION BETWEEN STAFF'S RECOMMENDATION AND WHAT THE APPLICANT WAS SUGGESTING. SO IT'S, UM, BACK TO THE, UM, QUESTION ABOUT MOVING THE TRAIL 25 FEET IN WORD, UM, FROM THE SHORELINE, AND MY UNDERSTANDING IS THE STAFF IS RECOMMENDING THAT PRIMARILY TO PREVENT EROSION AND LIKE FOR EROSION PURPOSES. UM, BUT THE APPLICANT WAS SUGGESTING THAT THAT EFFORT WOULD POTENTIALLY HARM MORE TREES. AND SO I KIND OF WANTED, I, I DON'T KNOW IF IT'S THIS QUESTION IS, IS BEST FOR AVA, BUT, UM, AVA, DID HIS STAFF I'M ASSUMING, HAS, CAN, UM, INSTEAD, OR THE POTENTIAL IMPACT ON THE TREES WHEN MAKING THAT RECOMMENDATION? UM, I'M ASSUMING, I DON'T KNOW. I WOULD JUST SAY LIKE A LITTLE MORE, UM, CLARITY ON THAT, UH, GIVEN THE TWO SIDES OF THE ARGUMENT. YEAH. THANKS FOR THE QUESTION. EIGHT THAT FILL IS WATERSHED PROTECTION. WE DID LOOK AT THE ROAD TREES AND THEY ARE PLANTED IN A ROW AND WE BELIEVE THE TRAIL COULD WORK ON THE OTHER SIDE OF THOSE TREES. AND, UM, YOU COULD BUILD, ADD GRADES SO THAT YOU DON'T GET INTO THE CRITICAL ROOT ZONE OF THOSE TREES. UM, IF YOU USED A GENTLE SLOPE, IT WOULD MEET ADA, UM, [01:40:01] ALL, YOU KNOW, IT'S DOABLE AND YOU CAN SAVE THE TREES. YOU JUST NEED TO GO ON THE OTHER SIDE. OKAY. THANK YOU. UM, WELL, WELL, LIKE WHILE I HAVE YOU, IF THERE'S ONE MORE CLARIFYING QUESTION, UM, ABOUT THE LOCATION OF THE PIER, UM, AGAIN, IT SEEMED LIKE, UM, MOVING THE PIER WAS THAT IN THE WESTWARD DIRECTION, THE DIRECTION THAT HIS STAFF HAD RECOMMENDED, UM, COULD POTENTIALLY WOULD SAVE, UM, THE TREES. AND I THINK THAT THE APPLICANT FROM WHAT I GATHERED, UH, SAID THAT THAT MOVEMENT WOULD BRING THE PIER, UM, TOO CLOSE TO THE BACK COLONY. AND SO I JUST WAS AGAIN, TO UNDERSTAND, JUST WANT TO, AGAIN, MORE CLARITY ON KIND OF BOTH SIDES OF, OF THAT. YEAH. UM, WOULD IT BE POSSIBLE TO MOVE THE PEER WHILE ALSO, YOU KNOW, MAINTAINING SOME DISTANCE, YOU KNOW, FROM THE, FROM THE BACKS THAT KNOWN APPROPRIATE DISTANCE? YEAH. SO WHEN YOU LOOK AT THE EXHIBIT AND IT'S, UM, I DON'T KNOW IF THIS ONE'S, IT'S IN THE NEW BACKUP, THE UPDATED BACKUP THAT WAS POSTED TODAY AND, UH, THE DISTANCE BETWEEN THE EXISTING PEER LOCATION AND THE OTHER PEER LOCATION IS PROBABLY ONLY ABOUT 30 FEET. SO IT'S ACTUALLY STILL QUITE A DISTANCE FROM THE BRIDGE, THE STEPS, HOWEVER, BECAUSE THE ENTIRE SHORELINE HAS TREES, THE STEPS WERE A PLACE BY THE BRIDGE. AND, UM, I THINK I WOULD AGREE WITH RICHARD. IT'S PROBABLY WOULDN'T BE A GREAT PLACE BECAUSE OF THE BAT DROPPINGS. I DON'T THINK PEOPLE ACCESSING, BECAUSE I THINK PEOPLE ACCESS THERE ALREADY TODAY. I DON'T THINK THAT THE ACTIVITY WOULD CHANGE. UM, BUT I DO THINK IT COULD, YOU KNOW, PUTTING THEM THERE WOULD DEFINITELY PUT, THEY MAY GET BAT DROPPINGS ON THEM. UH, WE MET WITH A BIOLOGIST FROM TEXAS PARKS AND WILDLIFE, AND THE ONE THING HE DID SAY THAT WOULD AFFECT THE BATS BECAUSE THEY USE THOSE TREES ALONG THE SHORELINE TO GUIDE THEMSELVES OUT OF THE BRIDGE. THEY BASICALLY FOLLOW THOSE TREES. AND SO TREE REMOVAL, I MEAN, NOT ONLY FOR SHORELINE EROSION, BUT FOR BATS TO BE ABLE TO, YOU KNOW, THEY NEED THE TREES. OKAY. SO IT SEEMS LIKE THE PIER COULD STILL BE MOVED WHILE PROTECTING THE BATS. UM, ONE THING THAT WOULD NEED TO HAPPEN FOR THE PIER, IT PROBABLY NEEDS TO BE NARROWED YEAH. TOO CLOSE. UM, BUT THEN THERE WAS THE QUESTION ABOUT THE STEPS. OKAY. UM, THANK YOU. SO, SO MY NEXT QUESTION IS, UM, FOR THE APPLICANT MR. SUTTLE, UM, I DID NOT HEAR MUCH DISCUSSION OR I DON'T KNOW IF ANY DISCUSSION ON, UM, HIGH-PERFORMANCE BUILDING FEATURES LIKE FOR EXAMPLE, YOU KNOW, LEAD TIGHT BUILDINGS. UM, AND I WAS WONDERING IF YOU, WHAT THE PLANS WERE. I MEAN, I KNOW THIS IS STILL EARLY ON. UM, BUT GENERALLY SPEAKING FOR, UM, GREEN BUILDING AND ALSO NO MEETING OR GOING BEYOND THAT, THE AUSTIN ENERGY, UM, TO START REQUIREMENT FOR THE PROJECT, WE, WE HAVEN'T GOTTEN THAT FAR COMMISSIONER BARRETT AT THE ZONING PHASE. YOU DON'T GENERALLY HAVE YOUR BUILDING DESIGN AND WE'RE COMMITTING TO THE, THE TIER TWO STAR AT THIS POINT. UH, THERE THERE'S ALWAYS ROOM FOR IMPROVEMENT AS WE GO ALONG. WE JUST, WE JUST DON'T HAVE THAT BAKED YET. I WANT TO GO BACK TO THE TREES AND THE BATS. SO WE, WE WENT EARLY ON, WENT TO BAT CONSERVATION INTERNATIONAL AND TALK TO THEM ABOUT WHICH TREES CAN COME OUT, WHICH SHOULDN'T AND WHERE THE, WHERE THE PIERS SHOULD BE LOCATED. AND THE BAD ORGANIZATION KIND OF TASKED WITH PRESERVING THE BATS, KIND OF TOLD US WHERE TO GO AND, AND HOW TO DO IT. SO THAT'S WHY IT IS WHERE IT IS. OKAY. UM, MISS MR. SETTLE, UH, ONE MORE QUESTION PLEASE, UM, WITH THE UNDERGROUND SISTER AND THIS BEING PROPOSED, UM, I, I'M NOT FAMILIAR WITH, WITH MAINTENANCE ON THAT TYPE OF SYSTEM, BUT IS THERE, UM, LIKE DOES, DOES DO, ARE YOU FAMILIAR WITH, WITH, UM, ANY CHALLENGES OR KIND OF JUST SORT OF A HISTORY AND WHAT IT TAKES TO MAINTAIN THAT TYPE OF UNDERGROUND SYSTEM IN, UH, WAS, I DON'T KNOW IF IT WAS RIGHT AT THE CRITICAL WATER QUALITY, BUT, UM, YOU KNOW, I JUST, [01:45:01] I, I JUST KIND OF NOT PUT A QUESTION MARK NEXT TO THAT, UM, QUESTIONING, YOU KNOW, JUST MAINTENANCE ISSUES OR, OR ANY KIND OF CHALLENGES WITH HAVING A UNDERGROUND NEAR, WELL, IT IS CHALLENGING. IT WAS ON BALANCED BETTER THAN PUTTING ABOVE GROUND POND IN THE PARK, BUT THE CHALLENGES ARE, ARE ESSENTIALLY, UH, OCCASIONALLY YOU HAVE TO COME IN AND BASICALLY PUMP THEM OR, OR CLEAN OUT THE SEDIMENT THAT THEY CAPTURE. BUT OF COURSE THAT'LL BE DESIGNED WHERE THERE WILL BE ACCESS TO THE CISTERNS. WHAT WE FELT LIKE IS THE, THE REUSE OF THE RAINWATER AND THE WATER QUALITY BENEFITS AND NOT HAVING A POND IN THE MIDDLE OF THE PARK OUTWEIGHED THE CHALLENGES. AND IT'LL JUST BE A CHALLENGE ON THE DEVELOPER TO MAINTAIN IT, BUT, BUT IT IS IT'S, IT'S NOT NECESSARILY A BRAND NEW TECHNOLOGY THERE'S FOLKS THAT KNOW HOW TO DO IT. OKAY. OKAY. SO THAT LEADS TO MY, MY LAST QUESTION, UM, FOR ME IS, UM, I DID SEE STAFF HAD ALSO RECOMMENDED, UM, BUT WITH, WITH RESPECT TO A RECLAIMED WATER, FOR CONNECTION TO USING THE AUSTIN WATER UTILITIES, UM, RECLAIMED WATER WITHIN THE PROJECT, IS THERE ANY, UM, ISSUES OR WHAT IS, IS THAT A CHALLENGE FOR THE APPLICANT TO DO THAT? IT'S A, IT'S A CHALLENGE FINANCIALLY, BUT WE'VE COME TO AGREEMENT WITH AUSTIN WATER AND WASTEWATER ON THE USE OF RECLAIMED WATER. OKAY. SO THAT'S GREAT. THAT'S GREAT THAT Y'ALL CAME TO THE AGREEMENT THERE. AND I GUESS I WAS GOING BACK TO THE BAT QUESTION. IT SEEMS LIKE THAT'S STILL NOT IN AGREEMENT AT THIS POINT, BUT IT'S NO, IT IS, IT IS. IT'S PART OF OUR IT'S PART OF OUR PROPOSAL. OKAY. OKAY. UM, THANK YOU VERY MUCH. I MEAN, IT'S IN THERE RIGHT HERE. HI, THIS STATE, THAT PHILLIPS WITH WATERSHED PROTECTION. UM, COULD WE ASK DAN FROM AUSTIN WATER, WHAT THE AGREEMENT IS WITH, UM, THE RECLAIM WATER UH, THIS IS DAN PATTERSON WITH AUSTIN WATER. CAN YOU HEAR ME? YES. UH, YES. SO, UH, MY UNDERSTANDING, UH, WITH THE RECLAIMED WATER IS THAT IT WOULD BE, UH, USED FOR A TOILET FLUSHING IN THE BUILDINGS, UH, COOLING FOR THE BUILDINGS AND OTHER SIGNIFICANT, UH, NON-POTABLE USE, UH, IN CONFORMANCE, UH, WITH THE MANDATORY CONNECTION ORDINANCE. UH, IT WOULD INVOLVE, UH, BRINGING YOUR MAIN FROM OFF SITE AND, UH, MAINLY TO, THROUGH THE PROPERTY, MOST LIKELY IN THE STREETS. COMMISSIONER BERT. DO YOU HAVE ANY QUESTIONS FOR THE STAFF THAT'S ON THE PHONE? UM, I, UM, I'M DONE WITH MY QUESTIONS. THANK YOU. THANK YOU. ALL RIGHT. WE, WE'RE NOW GONNA MOVE TO, UH, COMMISSIONER BRISTOL. THANK YOU. UM, SO FIRST OFF, I JUST WANT TO SAY, UM, I FORMALLY SERVED ON THE DOWNTOWN COMMISSION AND WATCH THIS SELF CONGRESS PLAN, UH, EVOLVE OVER TIME. AND, UM, AND I'M GLAD TO SEE IT'S, IT'S GETTING CLOSE. UM, AND I REALLY WANT TO SEE IT GET SUPERIORITY. UM, YOU KNOW, SO COME IN, COME INTO AGREEMENT ON SOME OF THOSE THINGS. UM, I DON'T HAVE A LOT OF CRITICISM TO BE PERFECTLY HONEST. I'M, I'M FAIRLY EXCITED ABOUT THE PLAN AND I JUST WANT TO SHARE THAT, UM, IT, I HAVE TO KEEP REMINDING MYSELF, THIS IS AN, A HIGHLY IMPACTED AREA. THIS IS IN OUR DOWNTOWN CORRIDOR, UM, OR JUST OUTSIDE OF IT, JUST ACROSS THE RIVER. AND SO SOMETIMES THOSE ENVIRONMENTAL IMPACTS, UM, I JUST HAVE TO PUT THAT IN FRONT OF MYSELF AND LOOK THROUGH, LOOK AT IT THROUGH THOSE LENSES OF, UM, AND, AND ALSO REMIND OURSELVES THAT, THAT THE HUMANS ARE PART OF THAT ENVIRONMENTAL IMPACT AND WHAT IS THE BEST THING FOR THOSE USES AND FOR, UM, ALL OF US TO COME TOGETHER, UH, WITHIN THIS SPACE. UM, AND, AND THAT WAS PART OF THE WHOLE PROCESS WITH COMING FOR THAT PLAN. AND SO I HOPE THAT SOME OF THESE DISCREPANCIES BETWEEN STAFF AND, UM, YOU KNOW, AND, AND THE DEVELOPMENT CAN REALLY COME [01:50:01] TOGETHER AND FIND THAT COMMON GROUND SO THAT IT CAN MOVE FORWARD. UM, I THINK MY ONLY THING THAT I HAVE, UH, AS FROM A USER AS PART OF, UH, THE ENVIRONMENT, UM, ARE THE CONCRETE TRAILS, UM, YOU KNOW, DOWN THERE, UM, IT'S, UH, WE'VE HAD A LONG TRADITION OF HAVING THOSE NICE, UH, CRUSHED GRANITE TRAILS AND, AND JUST KEEPING THAT CONTINUITY, UM, THROUGHOUT THE PARKLAND WOULD BE, UH, UM, DESIRABLE IN, IN MY EYES AS A USER. UM, YEAH, SOME OF THE OTHER THINGS THAT I HAD QUESTIONS ABOUT AS FAR AS THE RECLAMATION WATER AND ALL THE OTHER THINGS HAVE BEEN ANSWERED, BUT, UM, I JUST WANT TO SHARE THAT I'M, I'M FAIRLY EXCITED ABOUT, UH, YOU KNOW, THIS, THIS WHOLE PROJECT, SO THANK YOU. ALL RIGHT. UH, NEXT WE WILL CALL ON, UH, COMMISSIONER SQUAT. OKAY. THANK YOU. UM, I, I JUST WANT TO, UH, PREFACE MY REMARKS BY SAYING THAT, UM, I AGREE WITH, UH, KRISHA BRISTOL, THAT I, I THINK THAT EVERYBODY WANTS TO SEE THIS WORK. UM, UM, AND, UM, I DON'T THINK ANYBODY, UH, IS HERE, UM, WITH, UH, UM, BEARING A GRUDGE JUST TO WANTING TO, UH, UH, TO FIND A COMMON GROUND SO THAT THINGS WORK. WE, WE, WE WANT, UH, WE WANT THIS, UH, THE CITY, THE CITY WANTS A VERY PEOPLE OF THIS CITY WANT VERY MUCH TO BE ABLE TO USE A TRAIL AS THEY HAVE. UM, I, I, ON THE SUBJECT TO THE BATS, I DO HAVE SO QUESTIONS. UM, I I'M NEW ON THE COMMISSION. AND SO, UM, AND I'M ALSO NOT THAT FAMILIAR WITH, UH, THE AREA IN QUESTION. SO, UH, AFTER, UM, OUR, UH, MEETING RECENTLY, I, UH, I WENT ON A FRIDAY EVENING, UH, TO THE SITE TO LOOK IT OVER FOR MYSELF. AND AS IT IS PRESENTLY, UM, PEOPLE, UH, COME DOWN THAT, UH, ALONG, UH, CONGRESS, UH, STREET SIDE AND, UM, FIND A PLACE TO SIT ON THE, ON THE HILL AND TO WATCH THE BATS. AND THE HILL IS A FAIRLY STEEP A HILL. AND IT'S IN IT'S, UH, IT'S NOT IDEALLY LOCATED, UH, BECAUSE IT'S BACK A LITTLE WAYS FROM THE RIVER, BUT STILL, UH, IT'S STEEP ENOUGH THAT WHEN YOU SIT ON THAT HILL, UM, YOU'RE NOT, NOBODY'S OBSTRUCTING YOUR VIEW. EVERYBODY, NO MATTER WHERE THEY SIT, CAN WATCH THE BACHELOR AS THEY EMERGE, IT'S HARD TO SEE THEM, UH, FRANKLY, UH, THE, SOME OF THE PEOPLE WHO ARE ON THE RIVER WILL, UH, SHINE A RED LIGHT UP THERE. AND SO YOU, UH, THAT, THAT REFLECTS, UM, LIKE AGAINST THE WALL AND YOU CAN SEE THE BATS, UM, AS A RESULT, IT REALLY THE IDEAL PLACE TO WATCH THE BATS, IF YOU WANT TO SEE THEM, UM, THEY'RE THERE, THEY FLY OUT, UH, FROM THE BRIDGE, UM, OF COURSE OVER THE RIVER. SO THE BEST PLACE TO VIEW THAT WOULD BE ON THE RIVER, BUT WHAT, WHAT HAS HAPPENED, UH, OVER THE YEARS AND WILL CONTINUE TO HAPPEN AND WILL HAPPEN MORE FREQUENTLY, UH, BECAUSE AUSTIN IS GETTING BIGGER AND BIGGER IS WE WILL, WE WILL HAVE MORE PEOPLE COMING AND I DON'T HAVE ANY KIND OF, UM, OFFICIAL COUNT, BUT, UH, ALL THE PEOPLE THAT, THAT I JUST INFORMALLY MET WERE TOURISTS WHO JUST HAD COME FROM OUT OF TOWN. THEY WERE FROM ALL OVER THE COUNTRY AND THEY CAME TO SEE THE BATS, BECAUSE THIS IS THE ONE PLACE IN THE UNITED STATES THAT HAS, UH, THIS KIND OF, UH, A COLONY. WE HAVE 1.5 MILLION BATS, UM, IS THE ESTIMATE THAT LIVE UNDER THAT BRIDGE. UH, AND THEN NOT ALL YEAR LONG, THEY, THEY, THEY, THEY MIGRATE, UH, TO MEXICO DURING THE, THE WINTER. SO, UM, WHAT THE QUESTION MY MIND IS, UH, WHERE WILL PEOPLE WATCH THE BATS IN THE NEW, UM, UH, PROPOSAL? UH, I SEE THAT COMMON GROUND AREA, BUT I DON'T KNOW THE SHAPE OF IT. UM, AND I DON'T KNOW THE COMPOSITION OF IT. AND, [01:55:01] UM, I DO KNOW THAT THE NUMBER OF PEOPLE THAT WILL BE WALKING OUT THERE AND WANTING TO, TO VIEW THE BATS, UH, ON THAT, ON THAT FRIDAY NIGHT, WHICH WAS NOT A PEAK SEASON FOR, FOR BAT VIEWING, BECAUSE IT'S KIND OF LATE IN THE YEAR AND A LOT OF THE BATS HAVE ALREADY MIGRATED, BUT THERE WERE STILL ABOUT 500 PEOPLE, UH, UH, THERE ON THAT, ON THAT HILLSIDE WATCHING THE BATS. AND, UH, THERE WERE ANOTHER, MAYBE 75 PEOPLE ON THE BRIDGE WHO HAD CONGREGATED TO WATCH. AND THEN THERE WERE SOME BOATS AS WELL THAT, THAT WERE OUT ON THE WATER. SO, UM, IF THE, IF THAT HELL GOES AWAY, AS IT IS, IS IT APPEARS THAT IT WILL, BECAUSE THAT LOOKS LIKE, UH, UH, AS YOU HAVE IT PLANNED, THAT WOULD BE AN AREA OF WHERE, WHERE YOU WOULD, UM, HAVE A RAIN CATCHMENT, WHAT HAPPENS ON THAT COMMON GROUNDS AND, AND, UH, HOW DO YOU DO, DO YOU PROPOSE, UM, TO, UH, STRUCTURE IT SO THAT, UH, PEOPLE CAN, UM, HAVE AN UNOBSTRUCTED VIEW OF THE BATS, UH, TO WATCH THEM FROM THERE, UH, AND MAINTAIN, UM, A VIEW AND ALSO HAVE IT JUST BE, UM, ENVIRONMENTALLY SOUNDED, THEY'RE NOT, IT'S NOT GOING TO BE, UM, UH, TRAMPLED AND, AND, AND MESSED UP TO, TO, UH, TO, UH, UH, ANY GREAT DEGREE GIVEN THE NUMBER OF PEOPLE THAT ARE GONNA ARE GOING TO BE THERE. I, I, I DON'T KNOW WHY IT WORKS AS WELL AS IT DOES NOW, BUT IT SEEMS, IT SEEMS THAT IT IS WORKING, UH, AS IT IS CURRENTLY SITUATED IN. AND, UM, AND, AND AS THE LAND JUST HAPPENS TO, UM, BE NATURALLY OCCURRING. SO, UM, I WONDERED, UM, MR. SO IF YOU COULD JUST ADDRESS THAT FOR ME. SURE. MR. SCOTT, I THINK THAT THE BAT VIEWING WILL BE ENHANCED BY THIS DEVELOPMENT, BECAUSE YOU'RE GOING FROM HAVING ZERO PARKLAND DOWN THERE TODAY. YOU HAVE THE HILL WHERE PEOPLE GO NOW, BUT IT'S, IT'S KIND OF BEEN IT'S MORPHED, BUT YOU'LL HAVE SIX ACRES OF DEDICATED PARKLAND PLUS ADDITIONAL STAIRS AND AREAS THAT YOU CAN ACTUALLY GET ON TO WATCH, WATCH THE BATS. UM, AND ONE OF THE REASONS THAT WE AGREED WITH STAFF AND TOOK THE POND OUT OF THAT AREA, THAT THAT'S AN AREA THAT PEOPLE LIKE TO SIT AND WATCH THE BATS FROM. AND THAT'S THAT NOW WILL CONTINUE TO BE ABOUT WATCHING AREA AS WELL AS THE SIX ACRES OF PARKLAND AND THE SEVERAL ACRES OF PARK EASEMENTS THAT WE'LL HAVE. IN ADDITION, IF, IF WE'RE, IF, IF EVERYBODY AGREES THAT THE PEERS AND THE STAIRS INTO THE WATER ARE A GOOD IDEA, THERE WILL BE ADDITIONAL AREAS TO WATCH THE BATS. THANK YOU. OKAY. UM, YOU HAD SOME OTHER QUESTIONS. UM, THERE'S A, THERE'S SO MANY POINTS HAVE BEEN RAISED, UM, RE FIND MY, UH, QUESTION MARKS HERE. UM, ONE THING THAT I, UM, HAVE WONDERED ABOUT, AND, AND, UH, I DON'T KNOW WHO KNOWS THE ANSWER TO THIS, BUT I HAVEN'T SEEN THE A HUNDRED YEAR FLOOD PLAIN, UM, LINE FOR, FOR THIS AREA OF THE RIVER, IS THAT, UH, I KNOW FEMA, UH, DOES, DOES HAVE A, UM, A HUNDRED YEAR FLOOD PLAIN LINE FOR, UM, ALL OF THE WATERWAYS. AND, AND I DIDN'T SEE WHERE THAT, WHERE THAT, UH, HAPPENS TO BE. AND I DIDN'T KNOW, TOO, UM, HOW THAT'S BEEN TAKEN INTO ACCOUNT. UM, AND ADDITIONALLY, UM, UM, I KNOW THAT, UH, FEMA IS AWARE THAT, AND I THINK WE'RE ALL AWARE. UM, WELL, SOME OF US ARE AWARE THAT THAT, UM, S UM, IN, UH, THAT WITH CLIMATE CHANGE THERE, THERE ARE, THERE ARE TIMES WHEN A STORM CAN COME IN AND, AND SIT AND STAY AND, AND CAN EXCEED THE A HUNDRED YEAR FLOOD PLAIN. AND, AND SO, UM, FROM A CATACLYSMIC POINT OF VIEW, I, UM, I THINK IT'S, IT'S JUST SMART TO THINK AHEAD IN TERMS OF WHERE THINGS ARE GOING TO BE LOCATED AND, AND, UH, TO BE, TO BE PLANNING FOR, FOR THE FUTURE, SO THAT WE'RE NOT IN A POSITION TO HAVING TO REBUILD. AND, AND, AND, AND TO WHAT DEGREE THAT'S BEEN TAKEN INTO ACCOUNT. SO I CAN BRING A PICTURE UP. I BELIEVE WE HAVE THE A HUNDRED YEAR DELINEATED, BUT JUST IMAGINE BASICALLY ALONG THE TRAIL IS ESSENTIALLY WHERE IT IS BASICALLY ALONE. THE TRAIL, THE CURRENT TRAIL THERE NOW IS, IS ABOUT THE A HUNDRED YEAR FLOOD PLAIN. [02:00:01] AND SO WE'VE, WE'RE NOT PROPOSING TO PUT ANY BUILDINGS OR ANYTHING IN THERE THAT WOULD HAVE TO REBUILT IT'S, IT'S, IT'S BEEN BUILT INTO THE, INTO THE PLAN. YEAH. UH, CAN YOU EXPLAIN MORE ABOUT THE, THE RESTORATION AND THE, UH, THE WETLANDS, UH, THAT, THAT YOU DESCRIBED? UM, BECAUSE, BECAUSE AS I WALKED ALONG THERE, I SAW THAT THERE ARE TREES THAT ARE LITERALLY, UM, ARE THE SHORELINE. I MEAN, THERE'S SO MUCH EROSION HAS TAKEN PLACE THAT A TREE, SOME OF THE TREES COULD JUST TOPPLE OVER WITH, UH, WITH, UH, A WINDSTORM EASILY. UH, ARE YOU SUGGESTING SOME WHAT LANDS THAT WOULD GO, UM, IN THAT KIND OF TO SOME DEGREE, UH, OUT, UH, OH, UH, WAYS, UH, HOW WOULD THE, JUST, HOW WOULD THAT WORK? SO WE WOULD GET WITH THE CITY STAFF AND, AND WHAT WE WOULD DO IS WORK WITH THEM ON A WE'LL CALL. IT I'LL CALL IT OUT BORDER INBOARD. I DON'T KNOW WHICH WAY YOU WANT TO CALL IT, BUT FROM THE TRAIL TO THE WATER, SOME OF THE AREAS ARE WIDER. SOME OF THEM ARE NARROWER, AND THERE HAS BEEN A LOT OF NATURAL EROSION OVER THE YEARS TAKE PLACE IN THERE. IN FACT, THERE'S BEEN A HALF-ACRE ERODED, UM, THAT WE'RE NOT INTENDING TO RECLAIM AT THIS POINT, BUT WHAT WOULD WE WOULD DO IN CONJUNCTION WITH THE CITY STAFF IS GO IN WITH A PLANTING CONCEPT AND PLAN TO TRY TO GO IN AND NOT DO IT MECHANICALLY, BUT DO IT WITH RIPARIAN PLANTS AND NATURAL VEGETATION, GET RID OF THE INVASIVE SPECIES THAT HAVE CHOKED OUT SOME OF THE THINGS THAT NATURALLY PROTECT THE BANK BANKS, AND THEN BASICALLY HAVE, UM, PROTECTIVE BARRIERS. WE TALKED ABOUT THE, UH, THE SPLIT RAIL FENCING TO KEEP PEOPLE FROM TRAMPLING DOWN IN AREAS. THAT'S WHY WE HAVE SOME AREAS THAT ARE OPENED UP FOR THE STAIRS AND FOR THE PIERS AND FOR PEOPLE TO GET TO THE WATER. PEOPLE NATURALLY WANT TO GET TO THE WATER, BUT THEN THERE ARE OTHER AREAS WHERE IT'S STEEP AND NEEDS TO HAVE SOME EROSION CONTROL. AND WE'LL REPLANT THAT AND PUT UP A BARRIER, UM, TO KEEP PEOPLE FROM GOING DOWN AND TRAMPLING THAT, WHICH IS AGAIN, AN ANOTHER, UH, PIECE THAT WE'RE WILLING TO DO. WE'RE NOT REQUIRED TO DO IN THIS PART OF THE CITY AND THE WATERSHED. AND WE, WE THINK IT'S PART OF OUR SUPERIORITY AND OKAY. UM, THERE SEEMS TO BE, UM, A DIFFERENCE OF OPINION, UM, REGARDING, UH, UH, YOUR VIEW, UH, OF, UH, THE AMOUNT OF, UH, LAND IT'S, UH, UH, WHAT'S THE TERM, UH, NONPERMEABLE COVER, UM, NON PERVIOUS COVER. YEAH. IMPERVIOUS, IMPERVIOUS COVER. UM, WHERE, UH, CAN, CAN STAFF ADDRESS, OR CAN BOTH OF YOU ADDRESS, WHAT, WHAT, WHAT THE, WHAT, WHAT KIND OF SOLUTIONS, UH, WE, WE COULD BE LOOKING AT THAT, UH, WOULD BE A MUTUALLY ACCEPTABLE THAT WOULD, WOULD, UH, SOLVE THAT ISSUE? UM, YEAH, THIS IS LIZ JOHNSTON, DEPUTY ENVIRONMENTAL OFFICER, AND, UM, UH, I THINK THE ISSUE WITH THE TRAIL IS THAT IT IS CURRENTLY NONCOMPLIANT AND ARE, UM, PROPOSING TO MAKE IT TO NOT DECREASE NON-COMPLIANCE. AND, AND IN ADDITION, THEY'RE GOING TO BE ADDING ADDITIONAL TRAIL IN, IN THE CRITICAL WATER QUALITY ZONE. UM, AND SO OUR RECOMMENDATION WOULD BE TO, IN ORDER TO HELP WITH THE WETLAND MITIGATION THAT THEY'RE PROPOSING TO, TO MOVE IT BACK AWAY FROM THE SHORELINE, IN ORDER TO HAVE MORE SPACE, TO DO THE RESTORATION THAT THEY'RE PROPOSING, INCLUDING REMOVING INVASIVES AND, AND PLANTING OTHER NATIVE SPECIES. UM, BUT, BUT THE CODE ITSELF SAYS THAT, UM, TRAILS MULTI-USE TRAILS AND PUBLIC EASEMENTS DOES NOT COUNT TOWARDS THE WATERSHED IMPERVIOUS COVER LIMIT. UM, BUT WE DO KNOW THAT IT IS IMPERVIOUS COVER. AND SO WE'RE JUST TRYING TO FIND A BALANCE TO, TO HAVE, UM, THE MEET THE NEEDS OF WHAT THE PUBLIC NEEDS, BECAUSE WE DO RECOGNIZE THAT THIS IS A SPECIAL PLACE. UM, BUT, BUT GIVE THE, THE SHORELINE SOME BREATHING ROOM AND, AND REDUCE THE AMOUNT OF, UM, DEVELOPMENT IN, IN THIS AREA WHILE TAKING INTO CONSIDERATION THE NEEDS OF THE PEOPLE THAT WE'LL BE VISITING. I HOPE THAT HELPED. I I'M STILL, I'M STILL A LITTLE BIT AT SEA ON THIS. WELL, LET ME, LET ME JUST TELL YOU, WE'RE JUST GOING BY WHAT THE CODE SAYS, AND THE CODE SAYS THAT MULTI-USE TRAILS DON'T COUNT AS IMPERVIOUS COVER. IT DOESN'T MAKE MUCH SENSE, DOES IT, WHETHER IT'S CONCRETE OR CRUSHED GRANITE OR COMPACTED GRANITE? I DO SEE, UM, [02:05:01] WELL, LET'S SEE. MAYBE I'VE, MAYBE I'VE GOTTEN ANYTHING WOUND UP ON THAT. WELL, I SEE THIS JOHNSON'S POINTED IN TERMS OF, UH, HOW CLOSE IS THE IMPERVIOUS COVER TO THE, UH, THE, THE WETLANDS IN WELL TO THE, TO THE RIVER? UM, OBVIOUSLY THE WETLANDS WILL BE THE, THE BUFFER ZONE FROM, FROM WHAT YOU'RE DESCRIBING. AND BY THE WAY, I, I LIKED THAT CONCEPT. I, I WAS NOT AWARE OF IT BEFORE. AND, UH, AND I APPRECIATE YOUR TALKING ABOUT THAT. I THINK THAT'S, UH, I THINK THAT IS A PLUS THAT HASN'T BEEN NOTED BEFORE AND, AND W YOU WILL ENHANCE THE SHORELINE RIGHT NOW. YEAH, I'M SORRY. RIGHT. SO, ALTHOUGH IT'S TRUE, WHAT RICHARD SAID, AND WHAT LIZ SAID IS THAT, YOU KNOW, ANY SIDEWALK OR TRAIL IN A PUBLIC EASEMENT DOESN'T COUNT AS IMPERVIOUS COVER, WE DO NOT, UH, WANT, IT'S KIND OF LIKE A NECESSARY ACCESS. WE DON'T WANT TRAILS, LIKE, IMAGINE YOU COULD COME IN AND CALL ANYTHING A SIDEWALK THAT'S IN A PUBLIC EASEMENT, AND YOU COULD HAVE, YOU KNOW, TRAILS GOING, YOU KNOW, COVERING THIS ENTIRE PERVIOUS SPACE. SO THERE IS A REASONABLE NESS ASSUMED THAT WE DON'T NEED SO MANY CONNECTIONS. AND SO, UH, THE POINT OF THE CRITICAL WATER QUALITY ZONE IS TO MAINTAIN A NATURAL, UH, VEGETATED AREA TO PROTECT WATER QUALITY. AND THANK YOU. AND I ALSO JUST WANT TO REITERATE IT'S THE TRAIL EXISTING NOW DOES NOT MEET CURRENT CODE, AND WE'RE NOT EVEN ASKING THEM TO MOVE IT FAR ENOUGH AWAY TO MEET CURRENT CODE OR REDUCE IT. WE'RE JUST ASKING THEM TO DECREASE. NON-COMPLIANCE. THANK YOU. AND THEN I GOT TO TELL YOU THOUGH, THIS THE CITY HAS AN EASEMENT FOR THE 15 FOOT TRAIL. THE CITY PICKED THAT LOCATION FOR THE TRAIL BACK WHEN IT WAS BUILT. UM, I MAY HAVE SOME LATER, BUT, UH, THAT'S THAT THAT'S ALL FOR RIGHT NOW, IF THEY TAKE YOU VERY MUCH AND, UH, I APPRECIATE, APPRECIATE YOUR RESPONSE. THANK YOU. THANK YOU. UM, ACTUALLY, A LOT OF MY QUESTIONS HAVE BEEN, BEEN ADDRESSED ALREADY, BUT I WOULD LIKE A LITTLE MORE INFORMATION ON MR. SUTTLE ABOUT THE, THAT KIND OF RESTORATION AREA. UM, ALL RIGHT. UM, I'M HEARING LEAVE THE TRAIL WHERE IT IS BECAUSE IT'S ALREADY THERE AND THEN MOVE IT BACK FROM CITY STAFF. AND I THINK A LOT OF THAT IS PIVOTED ON PULLING IT AWAY FROM THE SHORELINE. SO I AGREE. I THINK A LOT OF IT'S KIND OF GOTTEN WIDER THAN 15 FEET WOULD Y'ALL BE REDUCING IT TO 15 FEET OR, OR REDUCING IT FROM ITS CURRENT WIDTH TO PROVIDE SOME RESTORATION AREA DOWN SLOPE. UM, AND THAT, THAT, THAT SPLIT RAIL PRESERVATION AREA. AND IF YOU COULD MAYBE, UH, ELABORATE ON THAT A LITTLE BIT. SO IT HELPS US UNDERSTAND WHAT THE CURRENT ALIGNMENT TRAIL WOULD LOOK LIKE UNDER YOUR SCENARIO. SO THE, THE CURRENT TRAIL WOULD STAY THE CRUSH. GRANTED IT WOULD STAY IN ITS CURRENT LOCATION. WE WOULD SKINNY IT DOWN A LITTLE BIT TO GET BASICALLY A HARDSCAPE ALONG THAT EDGE. SO IT QUITS SLOUGHING OFF. AND THEN DOWN FROM THAT IS WHERE WE'LL DO SOME OF THE REPLANNING. AND I WANT MY BIOLOGISTS GOT TO JUST GRAB ME WHEN I START LYING, BUT, BUT THEN YOU PUT THE SPLIT RAIL FENCE ALONG THERE MUCH LIKE TO THE WEST OF US OVER AN AUDITORIUM SHORES. AND THE SPLIT RAIL FENCE IS JUST TO KEEP PEOPLE FROM THEIR NATURAL INSTINCT IS TO GO DOWN AND CRAWL DOWN TO THE WATER. PEOPLE WANT TO BE NEXT TO THE WATER. SO YOU PUT THE BARRIER THERE TO KEEP THEM FROM TRAMPLING, THE VEGETATION BETWEEN THE TRAIL AND THE RIVER. AND ADMITTEDLY, THERE ARE SOME AREAS OF THAT TRAIL WHERE THERE'S NOT MUCH SPACE AND IT'S GOING TO BE TRICKY TO GET THAT CLEANED UP AND GET IT STABILIZED AGAIN. BUT BETWEEN DOING HARDSCAPE AND ARMORING OF THE TRAIL TO KEEP IT FROM SLOUGHING OFF, PLUS REVEGETATION PLUS A PROTECTIVE BARRIER, LIKE A FENCE OF SOME SORT, WE'LL KEEP PEOPLE IN THEIR DOGS AND STUFF FROM MAKING IT GO BACK INTO THE RIVER. OKAY. SO, SO IN THAT CONCEPT THAT THE EXISTING TRAIL WOULD REMAIN CRUSHED GRANITE, OR IT WOULD BECOME CONCRETE. THE EXISTING TRAIL REMAINS CRUSHED GRANTED. OKAY. SO THERE'S BEEN LOTS OF TALK ABOUT THESE REDUNDANT TRAILS. ALL WE'RE DOING IS TAKING THE SOUTH CENTRAL PLAN THAT HAS MANY DIFFERENT CONNECTIONS RIGHT NOW. REMEMBER THERE'S NONE THE SOUTH CENTRAL PLAN CALLS FOR MULTIPLE CONNECTIONS TO GET DOWN TO THAT TRAIL. AND TO DO THAT IN SOME INSTANCES IT'S GOTTA BE CONCRETE AND IT'S GOTTA BE THE CORRECT SLOPE IN THE CORRECT WIDTH FOR THE ADA REQUIREMENTS. AND JUST SO THAT YOU CAN GET YOUR BIKE DOWN THERE AND, AND ALL THAT. SO THOSE ARE FOR THE CONNECTING KIND OF THE NETWORK COMING [02:10:01] DOWN TO THE EXISTING TRUNK. YES. RIGHT. THAT, THAT CLARIFIES, THANK YOU. UM, A LITTLE BIT MORE ABOUT THE AREA THAT IS NO LONGER THE WATER QUALITY BOND. UM, SO CAN YOU TELL US A LITTLE BIT MORE ABOUT WHAT WOULD BE THAT WOULD BE A LAWN OR THAT WOULD BE WHAT, WHAT, WHAT WOULD BE BASICALLY, IT WILL BE, I GUESS SOMEBODY SAID TURF, BUT IT'LL JUST BASICALLY BE NATURAL AREA. OKAY. UM, AND THEN I BELIEVE MY LAST QUESTION IS WHEN I SAY NATURAL, IT MAY BE DIFFERENT THAN EIGHTH. HIS VISION OF NATURAL. IT, IT MAY BE WHERE YOU CAN WALK AROUND ON IT, BUT TO WHERE PEOPLE COULD VIEW THE BEST POTENTIALLY FROM THAT. YES. AND RELATED TO THAT, THAT, THAT VIEWING, UM, I THINK THOSE PEOPLE ARE GOING TO STILL COME AND WHETHER IT BE PARKING AVAILABLE TO THOSE PEOPLE AND WAYFINDING, OR HOW, HOW WILL THE PERSON WHO WAS HERE 10 YEARS AGO, BRINGING THEIR KIDS NOW FIND WHERE, HOW TO GET AROUND AND WHERE TO PARK AND THAT KIND OF THING. YOU RAISED A GOOD QUESTION ABOUT WAYFINDING IT, THE, THE ACCESS POINTS WILL BE VERY OBVIOUS AND VISIBLE AND WIDE. UM, UM, AND THERE WILL BE A, BASICALLY A 4,000 CAR PARKING GARAGE UNDERNEATH THIS DEVELOPMENT. UM, WHAT WE HAVE FOUND IN DEVELOPMENTS ALL OVER THE CITY IS THAT PEOPLE WILL GENERALLY FIGURE IT OUT. NOW, IF SOMEBODY COMES BACK IN TOWN, IT MAY TAKE THEM AN EXTRA 10 OR 15 MINUTES, FIGURE IT OUT AND THEN THEY'LL GO, OH, WELL, I DIDN'T HAVE TO GO DOWN THIS LITTLE TRAIL HERE. I CAN ACTUALLY GO DOWN SOME STEPS OR A BIKE PATH OR WHATEVER. OKAY. YOU MAY, YOU MAY BE GETTING SOME ACTUALLY I'M TOLD, SEE HERE, I MISSED THIS. THERE WILL BE WAYFINDING. AND IT'S PART OF THE PUD SUPERIORITY THAT WE'RE CLAIMING THAT THERE WILL BE WAYFINDING ON HOW YOU CAN NOW GET DOWN TO THIS TRAIL, WHEREAS TODAY YOU CAN. OKAY. AND THAT'LL WILL THAT INCLUDE THE BAD OBSERVATION AREAS AND THINGS LIKE THAT. OKAY. YES. AND THEN ONE LAST QUESTION, UM, AND THIS MIGHT BE RELATED TO THAT, BUT IF, IF YOU ARE NOW COMMITTING TO USING REUSE WATER, DOES THAT CHANGE? THIS IS A, MAYBE A QUESTION FOR STAFF AS MUCH. DOES THAT CHANGE THEIR TWO STAR RATING? DOES THAT, IS THAT RELATED TO, TO THE GREEN BUILDING RATINGS AT ALL? IT CAN BE, YOU KNOW, WE'RE GOING TO STRIVE TO DO BETTER. WE JUST DID THE TWO STARS AS THE BASELINE. OKAY. BUT THERE WILL BE LOTS OF OPPORTUNITIES. YOU KNOW, SOMEBODY WAS TALKING ABOUT THE REFLECTIVE GLASS. IT'S KIND OF AN INTERESTING THING. I DON'T THINK THAT THE CITY CAN PRESCRIBE A REFLECTIVITY ON A GLASS UNDER STATE LAW, THE HIGHER, THE REFLECTIVITY YOU HAVE, THE MORE ENERGY EFFICIENT IT IS. SO YOU GET CAUGHT IN THIS WEIRD WORLD OF HIGHER REFLECTIVITY, MORE ENERGY, EFFICIENT, LESS AESTHETICALLY PLEASING, MAYBE NOT SO MUCH, NOT SO GOOD FOR THE BIRDS. SO YOU, YOU GET A LOT OF IT. THERE'S A SWEET SPOT IN THERE SOMEWHERE. PERFECT. THANK YOU. I JUST WANT TO KNOW, I KNOW WE'RE KIND OF ASKING A LOT OF QUESTIONS AND THIS IS A, UH, VERY INTENSE MEETING, BUT I THINK WE'RE ALL HERE FOR THE, FOR THE RIGHT REASONS. THIS IS A VERY SPECIAL PLACE I'M IN HOT. AND I APOLOGIZE. I WAS JUST, SO THIS WE'VE BEEN WORKING ON THIS SO HARD AND TO HEAR A, TO SAY THAT WE ARE NOT SUPERIOR AT ALL, I JUST, NOW WE'RE GOING TO WORK THROUGH IT AND WE'RE GOING TO GET THERE. WE ARE GOING TO GET THERE. GREAT. THANK YOU. UM, I WOULD LIKE TO START OFF MY QUESTIONS FIRST WITH PARKS STAFF, PLEASE, EVEN CHAIR SCOTT, GRANT THEM WITH PARKS AND RECREATION DEPARTMENT BEEN HERE THIS EVENING. I WOULD LIKE YOU TO DESCRIBE, OR LET ME BE MORE INFORMATIVE ABOUT THE ACCESS TO THIS PARK AND WHAT THE PARK SYSTEM FEELS IS APPROPRIATE ACCESS TO THIS TRAIL FOR THE COMMUNITY AND HOW IT MEETS SUPERIORITY. UH, THANK YOU, MADAM CHAIR. UM, IF YOU COULD ADD THEM, IF YOU COULD BRING UP THE, UM, THE, I GUESS EIGHTH HAS PRESENTATION AND REALLY ANY SLIDE WOULD PROBABLY DO ANY OF THE, THE MAP SLIDES. OKAY. THANK YOU. SO, UH, PARKS, UH, THE PARKS AND RECREATION STAFF RECOMMEND ACCESS, UH, WHERE IT CURRENTLY IS ALONG CONGRESS DOWN TO THE CURRENT BAT VIEWING AREA. ALSO ALONG THE GREAT STEPS ALSO, UM, EVERYWHERE SHOWN IN RED. UM, AND ALSO ALONG THE FUTURE BARTON SPRINGS ROAD EXTENSION, WHICH IS ALONG [02:15:01] THE SOUTHERN PIECE OF THIS, UM, THE, UH, THE, THE GAPS HERE ARE IN, IN OUR VIEW AND, AND, UM, PARKS BOARD HAS SPOKEN TO THIS TO, UM, WOULD BE THE EXISTING ACCESS POINT ALONG, UM, ALONG SOUTH CONGRESS. UM, SECONDLY, UM, I DO WANT TO BRING UP, UM, THE, UH, POS THE BIKE ACCESS AND THE ADA ACCESS. SO, UM, REALLY THE, WHAT, WHAT IS, UH, WHAT IS CURRENTLY TODAY? AND I DO WANT TO ACKNOWLEDGE THE APPLICANT IS CORRECT THAT THE, WHAT, HOW PEOPLE ACCESS THE TRAIL NOW, CURRENTLY IS NOT PARKLAND. IT IS STATESMEN PRIVATE PROPERTY. UM, HOWEVER IT IS, UM, IT IS STAFF'S, UH, STAFF'S RECOMMENDATION FOR SUPERIORITY TO HAVE THAT ACCESS PRESERVED IN SOME FASHION TO, TO GET THE PUBLIC FROM SOUTH CONGRESS, UM, IN ROUGHLY THE, THE LOCATION OF THE, THE ARROW TO THE LEFT DOWN TO THE TRAIL. NOW, WOULD THAT BE EXACTLY THE SAME AS IT IS TODAY? UH, PROBABLY NOT. UM, YOU, YOU KIND OF HAVE TO IMAGINE THAT THAT, THAT, THAT SLOPE DOWN IS GOING TO ACTUALLY COME UP PER THEIR PLAN. UM, SO WE'RE NOT, WE'RE NOT DICTATING EXACTLY HOW THAT WOULD HAPPEN, BUT THAT, THAT, THAT PUBLIC ACCESS BE PRESERVED. UM, OTHER ASPECT THAT I MENTIONED WAS, UH, BIKE AND ADA ACCESS CURRENTLY ADA ACCESS, UH, IS IT, THE ADA ACCESS IS NOT THERE TODAY. SO WE ACKNOWLEDGED THAT, BUT ADA IS A, IS A HUGE PRIORITY FOR PARKS AND IS A HUGE PRIORITY AS WE MOVE FORWARD. UM, AND CURRENTLY, UH, THE, ACCORDING TO THIS PLAN, THE ADA WOULD NOT BE ALONG CONGRESS. IT WOULD NOT BE ON THE GREAT STEPS. IT WOULD NOT BE ON THE THIRD POINT. IT WOULD ONLY BE ON THE ONE THAT GOES FAR TO THE RIGHT. UM, THE APPLICANT CAN CORRECT ME IF I'M WRONG ON THAT, BUT, UM, IT, IT IS PARKS, PARKS, RECOMMENDATION, PARKS, STAFF, RECOMMENDATION THAT ADA ACCESS BE AT ALL OF THOSE LOCATIONS. UM, NOW BIKE ACCESS, UM, WE COULD PROBABLY THINK A LITTLE BIT MORE CREATIVELY, BUT, UM, I THINK THAT HAVING BIKE ACCESS ALONG THAT SOUTH CONGRESS IS, UM, IS GOING TO BE IMPORTANT AS WELL. THANK YOU. UH, I'M ALSO CURIOUS IN THIS PLAN, DO Y'ALL HAVE A MINUTE TEASE FOR THIS PART? I MEAN, AM I GOING TO HAVE A SWING OR WHAT'S GOING TO HAPPEN HERE BECAUSE I CAN'T STAND AROUND ALL DAY. OKAY. UH, CAN WE, CAN WE ADVANCE TO, TO THERE ONE OF THE S ONE OF THE SLIDES AND THERE THEY ARE DIFFICULT TO READ, BUT THEY ARE THE MOST CURRENT ONES. LET'S GO BACK A BIT. OKAY. THAT'S SHOWING THE ACCIDENT, THAT'S SHOWING THE EXISTING ACCESS. KEEP, KEEP GOING BACK, KEEP GOING BACK. OKAY. THIS, THIS SHOULD SHOW IT. OKAY. SO IT GETS TO A BIT OF A, OF A, UH, SO I DO WANT TO SAY THAT THESE ARE AMENITIES THAT WOULD BE, UM, APPROVED IN AS PART OF THE PUD AMENDMENT THAT, THAT ARE SHOWN HERE. THEY ARE PART OF THAT PUD AMENDMENT. THEY ARE PART OF THAT. DOES THAT DOCUMENTATION. IT INCLUDES THE GREAT LAWN. IT INCLUDES A PIER, INCLUDES A BOARDWALK. IT, UM, THOSE ITEMS ARE NOT COMMITTED TO, AS PART OF THIS PUD. THEY'RE NOT COMMITTED TO THE, THE ENTITLEMENT IS THERE, BUT THEY ARE NOT COMMITTED TO BE BUILT BY THE DEVELOPER. THEY RATHER, THEY WOULD BE PART OF, THEY WOULD BE, THEY WOULD BE PART OF THE, THE TIF, WHICH HAS HAPPENED IN A LOT OF YOU AWARE OF THAT, UM, WOULD IS A TAX INCREMENT FINANCE DISTRICT WHERE, UM, THE CITY WOULD CAPTURE THE DIFFERENCE IN THE TAXING, AND THEN THEY WOULD, THE CITY WOULD FUND THOSE, THOSE THINGS. SO, UM, I MEAN, I FULLY BELIEVE I'VE SPOKEN WITH THE DEVELOPER AT LENGTH, AND I FULLY BELIEVE THAT THEY HAVE THE INTENTION TO BUILD THESE THINGS, BUT THEY ARE NOT COMMITTING TO DO SO AS PART OF THE PUD. SO I WANT TO MAKE THAT CLEAR. THE, THEY ARE COMMITTING TO DO THE, THE PONDS THEY ARE COMMITTING TO DO THE GRADING, THAT, THAT THEY ARE COMMITTING [02:20:01] TO DO THE TRAIL. THEY ARE NOT COMMITTING TO ANY OF THESE OTHER ITEMS. THANK YOU. AND THEN I'M, I, I, I'M GOING TO ASK YOU THIS. I'M GOING TO ASK SEVERAL PEOPLE THIS, BUT DEFINE THE DIFFERENCE BETWEEN THE GREAT STEPS IN THE VISION PLAN, BECAUSE THIS PLAN, THIS VISION PLAN WAS CREATED BY THE COMMUNITY. IT TOOK YEARS, ESPECIALLY BOLDEN A RIVERSIDE AREA. THEY CAME TOGETHER ABOUT THESE STEPS THAT WERE VERY SPECIFIC ABOUT THEM. SO I'M, I'M TRYING TO FIGURE OUT THE INDUSTRY THEN GREAT STEPS IN THIS VISION PLAN AND THE STEPS TO THE, TO THE WATER. IS THERE, THERE, IS THERE A DIFFERENCE HERE? YES. YES. MA'AM UM, THE, THE GREAT STEPS ARE THE PIECE THAT, AND I REALLY WISH I HAD A LASER POINTER, BUT THERE, THE PIECE THAT COME OFF OF SOUTH CONGRESS AT KIND OF AN ANGLE, AND THEN YOU CAN SEE SOME, UM, SOME SHAPES THAT ARE, THAT ARE GOING DOWN, LIKE IN A CONE SHAPE DOWN TOWARDS THE BATS. SO THOSE ARE THE GREAT STEPS, AND THAT IS SOMETHING THAT, THAT IS, SEEMS TO BE COMMITTED TO HERE. UM, BUT THE, THE, THE WATER THAT'S DIFFERENT THAN THE WATER STEPS THAT ARE INTO THE WATER. AND SO IS, IS, IS THAT GIVING ACCESSIBILITY? WELL, THE GREAT STEPS ALSO HAVE ACCESSIBILITY TO THE PUBLIC, UH, TO THE PUBLIC. THEY W THESE WOULD BE IN A PARK EASEMENT. SO THESE ARE, THESE ARE GOING TO BE, UM, AND, YOU KNOW, WE DIFFERENTIATE A LITTLE BIT BETWEEN A FULLY DEEDED PARK, WHICH IS MOST OF WHAT YOU SEE AS THE, THE, THE AREA IN COLOR AND THE, UM, THE PARK EASEMENT, WHICH IS TREATED AS PARKLAND, BUT, UM, IS, IS ACTUALLY THE, THE UNDERLYING OWNERSHIP IS STILL WITH THE APPLICANT OR STILL WITH THE LANDOWNER. SO IT'S, IT'S A LITTLE BIT DIFFERENT STATUS, BUT THERE IS PUBLIC ACCESS TO IT. UM, I, I SHOULD CLARIFY THAT THAT'S ANOTHER ITEM THAT, THAT WE WOULD, UM, WE HAVE PRIORITIZED AND PARKS BOARD HAS STATED TO THAT, THAT BASICALLY THOSE AREAS BE OPEN TO THE PUBLIC AT ALL TIMES. AND RIGHT NOW THERE'S A QUESTION AS TO WHETHER THEY WOULD BE OPEN TO THE PUBLIC AS I'M FEELING CONFIDENT THAT, THAT, UM, THAT THOSE TERMS, UH, WOULD NOT BE, UH, INITIALLY WE HAD SOME DISCUSSION WITH THE APPLICANT ABOUT PROGRAMING AND, UM, THE APPLICANT INDICATED THAT PROGRAMMING WAS, WAS NOT TO CLOSE THE AREA AT ANY TIME. IT WAS MORE JUST TO BE, HAVE A SEAT AT THE TABLE TO DISCUSS WHAT TYPES OF PROGRAMMING WOULD GO THERE. SO, UM, I, I THINK THE, THE NOTION THAT THEY WOULD CLOSE THAT AT ANY TIME IS, IS, UM, THE CITY WOULD NOT ALLOW THAT. THANKS. IS THERE ANYTHING THAT THE PARKS BOARD MAY HAVE MENTIONED THAT IS A CONCERN THAT WE SHOULD HAVE A HEADS UP ABOUT? AND I DON'T MEAN TO PUT YOU ON THE SPOT? UM, WELL, I'LL JUST, I'LL BE BRIEF, BUT, UM, BASICALLY THE, THE PARKS BOARD ALSO LOOKED AT THIS APPLICATION ALSO, UM, VOTED TO FIND IT NOT SUPERIOR TO NOT RECOMMEND IT. AND, UM, I HAD A, A SERIES OF STAFF HAD A SERIES OF, UH, RECOMMENDATIONS TO GET IT TO SUPERIORITY, BASIC PARKS BOARD'S INSTRUCTIONS WERE FOR STAFF TO CONTINUE TO WORK ON THOSE ITEMS. SO THEY WERE IN THE AREAS OF, UM, AND, AND REALLY SOME OF THE GAP THERE WAS, UM, I THINK WHAT EVA MENTIONED TOO, WAS THAT THE LAST SUBMITTAL FOR THIS WAS, UM, FEW MONTHS BACK, AND, AND SINCE THEN THERE HAS BEEN PROGRESS. SO THERE HAVE BEEN SOME, SOME, UH, COMMITMENTS, UH, VERBAL AND IN WRITING. AND, UH, THE IDEA WAS THAT THAT STAFF CONTINUE TO WORK TO GET TO THE, IN WRITING TYPES OF COMMITMENTS. BUT, UM, OUR AREAS OF FOCUS, OUR LAND, DEDICATION, GETTING ALL OF THAT AREA DEEDED, UM, HAVING NO CONDITIONS IN THE DEED, UH, HAVING PARK EASEMENTS, WHICH CANNOT BE CLOSED, UM, PARK INVESTMENT, UH, WAS AN ISSUE AND JUST GETTING A, GETTING A CERTAIN INVESTMENT PER UNIT, UM, HAVING A PARK PLAN. AND THIS IS, THIS IS A PARK PLAN HERE, UH, BUT HAVING SOME COMMITMENTS AS PART OF THAT PARK PLAN, AND WE AS STAFF UNDERSTAND THAT THEY'RE NOT GOING TO BE ABLE TO GET TO THE FULL GOLD STANDARD THAT IS IN THE SOUTH CENTRAL WATERFRONT [02:25:01] PLAN, BUT THAT SOME, SOME LESSER STANDARDS, SOME LESSER LEVEL OF THAT WITH THE IDEA THAT THE FULL THING COULD BE BUILT OUT IN TIME, UH, TRIGGERING. IT WAS AN ISSUE FOR PARKS FOR, FOR PARK STAFF AND PARKS BOARD TO SET A TRIGGER FOR WHEN THE PARKLAND WOULD BE DEDICATED AND TO BASE THAT ON THE DEVELOPMENT. SO, UM, THAT'S SOMETHING THAT CAN GO INTO PUDS OF WHEN DO THEY ACTUALLY HAND OVER THE DEED TO THE PARKLAND, UM, AND IT'S GOING TO BE IN PHASES, AND THAT'S SOMETHING THAT WE REALLY NEED TO STILL WORK ON TO, TO GET THAT INTO THE PUD. UM, THE CIRCULATION WE ALREADY TALKED ABOUT AND, UM, HAVING THE, HAVING AN AMENITIZED DESIGN FOR PONDS AND RAIN GARDENS IN, WITHIN THE PARKLAND. SO THOSE, THOSE WERE THE BASICS. WELL, THANK YOU. AND BECAUSE OUR PURVIEW IS OPEN SPACE, IT'S IMPORTANT THAT WE KNOW WHAT'S HAPPENING WITH THE PARK SITUATION, BECAUSE WE WANT AS MUCH OPEN SPACE AS POSSIBLE FOR THE PUBLIC AND AMENITIES FOR THE PUBLIC THAT RELATE TO THE ORIGINAL VISION PLAN. SO THANK YOU FOR THAT INFORMATION. WELCOME CHAIR. I APPRECIATE YOU BEING HERE TONIGHT, MR. SUTTLES, AND AN IMPORTANT DETAIL ON THIS IS, UM, TODAY THERE'S NO PARKLAND REQUIREMENT. THERE'S NO PARKLAND REQUIREMENT AND THIS WAS A MULTI-FAMILY OR A HOTEL BUILT. WE'RE GOING TO END UP WITH OVER EIGHT ACRES OF PARKLAND AND PARK EASEMENT AT THE END OF THIS, WHICH IS A BIG ENHANCEMENT TO OPEN SPACE AND IS KIND OF THE CENTERPIECE OF THE WHOLE SOUTH CENTRAL PLAN. THANK YOU. UM, ATE THE PHILLIPS, I GUESS, A YEAR NEXT FOR ME VERY QUICKLY, UH, IN THE DISCUSSION. OH, I'M SORRY. GO AHEAD. AND THE DISCUSSION, YOU TALKED ABOUT A TYPE OF BUFFER THAT WOULD ADD PROTECTION. OKAY. SO CAN YOU GO BACK AND DESCRIBE WHAT THIS PREFERS LIKE, AND IF IT WAS A CONDITION, DID YOU PUT IT IN YOUR CONDITIONS AND IF NOT, WHAT WOULD A CONDITION SOUND LIKE FOR ADDITIONAL PROTECTION? OKAY. UM, EIGHTH OF PHILLIP'S WATERSHED PROTECTION. I ACTUALLY TALKED ABOUT THE WETLAND BUFFER. THE APPLICANT HAS IDENTIFIED, UM, THE, THE FRINGE WETLAND ALONG THE ENTIRE, UM, SHORELINE, AND IT'S ACTUALLY IN, YOU KNOW, DECENT CONDITION. UM, AND SO FOR SUPERIORITY, WE WOULD HAVE PUT A, UH, BUFFER ON IT. NOW A STANDARD BUFFER IS 150 FEET NOW THAT WE DON'T, YOU KNOW, FOR THIS CASE, WE DON'T CONSIDER THAT NECESSARILY, UH, APPROPRIATE, BUT WE WERE THINKING IF THEY COULD MOVE THE TRAIL, UH, 25 FEET, THEN WE COULD, UH, ADMINISTRATIVELY APPROVE THE WETLAND BUFFER TO TWENTY-FIVE FEET. AND SO THOSE WOULD WORK IN TANDEM TOGETHER AS THE SUPERIORITY. DOES THAT MAKE SENSE? YEAH. AND THEN, AND I'M REALLY EXCITED. THEY'RE GOING TO GIVE BACK LAND AND TAKE THAT POND AWAY FROM THE BAD AREA, BUT THE TUNNEL, IS THAT GOING TO BE AN ISSUE OR NOT W WITH, IN YOUR OPINION, IN WATERSHED'S OPINION, DOES A TUNNEL CREATE SOMETHING MORE THAT'S GOING TO IMPACT THE SHORELINE OR IT'S NO BIG DEAL. SO YOU'RE TALKING ABOUT THE WATER QUALITY POND THAT WILL BE PUT UNDERGROUND. UM, SO THAT POND WOULD NEED TO BE OUTSIDE OF THE CRITICAL WATER QUALITY ZONE AND THE A HUNDRED YEAR FLOOD PLAIN, AND THE REQUIREMENT BY CODE. SO ALL OF THIS WILL BE REVIEWED AT THE SITE PLAN STAGE. AND SO THE REQUIREMENT BY CODE WOULD BE THAT IT HAS NECESSARY ACCESS FOR INSPECTION AND CLEANING, AND SO THAT IT WILL BE DESIGNED TO CODE WHEN IT GOES THROUGH THE NO REASON FOR US TO HAVE TO REALLY LOOK AT THAT YOU'LL, YOU'LL HANDLE THAT CURRENT LEVEL. OKAY, GREAT. AND THEN DO YOU HAVE ANY, UH, DO YOU KNOW, LET'S GO BACK TO THE STEPS. THERE'S THE GREAT STEPS, THERE'S THE WATER STEPS, RIGHT? SO YOUR CONCERN IS THE WATER STEPS, AND WE'RE NOT SAYING REDUCE THEM, WE'RE SAYING POSSIBLY W WHAT WOULD ENHANCE THE SHORELINE IN YOUR OPINION, WITH THOSE STEPS, THOSE STEPS ARE GOING TO REQUIRE A BULKHEAD. SO THEY'RE GOING TO NEED TO REMOVE ONE OF THOSE TREES. THEY COULD NARROW. NOW, HOW DO YOU KNOW HOW MANY FEET, OR COULD YOU GET SPECIFIC ABOUT THE NARROWING? ARE WE JUST GOING TO LEAVE IT, LEAVE IT VAGUE? I'M NOT SURE HOW WIDE IT IS TODAY. SO TODAY IT'S 30 FEET. SO I THINK WE COULD [02:30:01] NARROW IT TO 30 FEET. UH, NO, IT'S 30 FEET PROPOSED RIGHT NOW, NOW. OKAY. WHAT ELSE? OKAY. UM, I BELIEVE THAT THEY CORRECT ME IF I'M WRONG, HAD A LARGER WIDTH ORIGINALLY PROPOSED. SO I THINK THAT 30 FEET IS DOWN FROM THE, UH, I THINK NUMBERS ARE AROUND A HUNDRED FEET THAT THEY WERE ORIGINALLY PROPOSING. SO, UM, IT IS A LITTLE REDUCED. SO I WOULD SAY THAT, UM, IT'S NOT NECESSARILY A SUPERIORITY FROM WATERSHED'S PERSPECTIVE, BUT I THINK THAT FROM PARK'S PERSPECTIVE, THEY WOULD LIKE TO SEE SOMETHING, SOME SORT OF AMENITY LIKE THAT. UM, AND SO WE THINK THAT A SMALL BULKHEAD OR SOMETHING GOING DOWN TO THE WATER IN THIS PARTICULAR LOCATION WOULD BE EXACTLY. AND ONE THING I FORGOT TO ASK SCOTT, AND IT CA AND IT JUST, I, I WROTE IT DOWN AND IT SAYS CONCESSION LIMITS USES, DID THE Y'ALL STRIKE ANY USES. AND I DON'T EVEN KNOW IF I CAN TALK ABOUT IT, HONESTLY. SO EVERY STAFF TO WAIT HE HAD, BUT WERE THERE CERTAIN THINGS Y'ALL ELIMINATED? UH, THANK YOU, CHAIR. AND I THINK THAT THE APPLICANT DID MAKE PRO HAS MADE PROGRESS ON, ON THIS ACCOUNT. I DO WANT TO SAY THAT, YOU KNOW, EARLIER ON IN OUR DISCUSSION, IT WAS UNCLEAR THAT IT WOULD ALL BE DEEDED PARKLAND, AND THAT IT WOULD ALL BE PARKLAND BY DEED. AND SO AT THAT POINT, WE WERE, WE HAD A LOT MORE HEARTBURN ABOUT THE USES THEMSELVES. UM, NOW THAT WE KNOW THAT IT'S DEEDED PARKLAND, WE'RE LESS CONCERNED ABOUT THAT BECAUSE WE KNOW THAT WE CAN HAVE CONCESSIONAIRE. WE ESSENTIALLY WOULD CONTROL THAT. RIGHT. BUT, UM, YOU KNOW, TO, FOR, JUST TO READ INTO THE RECORD, UM, STAFF RECOMMENDS, UH, STRIKING PERSONAL SERVICES, PERSONAL IMPROVEMENT SERVICES, AND PET SERVICES FROM ALLOWABLE USES. OKAY. THANK YOU. OKAY. THANK YOU FOR CLARIFYING THAT FOR ME. AND THEN, UH, MR. SUTTLES AND A DOZEN TALK CAN COME UP TOGETHER IF Y'ALL ARE WILLING TO STAND NEXT TO EACH OTHER. MY GOODNESS. OH, THERE'S NOTHING BUT LOVE. HE'S A WORTHY UPON. SO THE LOCATION OF THE PAIR IS A VERY BOTHERSOME TO ME, AND I DON'T UNDERSTAND WHY IT CAN'T GO EAST. WHY ARE Y'ALL MOVING IT CLOSER TO THE BACKS? WHY AREN'T YOU PUSHING IT FURTHER EAST? WELL, I THERE'S THE BOARDWALK AND THEN THERE'S OTHER TREES, BUT I MEAN, HERE'S THE INTERESTING THING. WE'RE EASY ON THE LOCATION OF THESE AMENITIES. AND I THINK EIGHTH HAD MENTIONED THE MODIFICATIONS THAT WE'RE ASKING FOR, BUT THIS SETBACK AREA ARE SOLELY FOR PARK IMPROVEMENTS SOLELY FOR PARK IMPROVEMENTS. AND THAT'S ONLY BECAUSE THAT'S WHAT THE SOUTH CENTRAL PLAN HAS, WHERE THESE PARK IMPROVEMENTS GO WERE EASY. UM, SO I GUESS SCOTT TOO, I MEAN, IS THERE A REASON WHY WE CAN'T MOVE IT FURTHER EASE, OR AT LEAST WE SAY IN OUR CONDITIONS THAT Y'ALL CONTINUE TO WORK ON MOVING THE LOCATION OF THE PIER. SO IT IS NOT GOING TO INTERFERE WITH THE BATS AND THAT IT, IT DOESN'T INTERFERE AS MANY TREES AND GO EAST INSTEAD OF WEST, THE PARKS DEPARTMENT HAS NO, UM, NO, NO QUALMS OR NO ISSUE WITH YOUR SUGGESTION CHAIR. OKAY. HOW ABOUT YOU? SO I RELOCATED THE PIER TO A PLACE IF IT WERE NARROWED, WOULD, UM, REDUCE, WOULD ELIMINATE THE NEED TO REMOVE THOSE TWO TREES. AND, UH, I HAVEN'T LOOKED AT THE REST OF THE SHORELINE, HONESTLY, BECAUSE THE BOARDWALK IS THERE. AND, UH, I DIDN'T KNOW WHAT WAS GOING TO HAPPEN WITH THAT, BUT THERE MAY BE OTHER OPPORTUNITIES AND LET'S EXPLORE THEM. COULD WE, EVERYONE EXPLORE THAT A LITTLE BIT MORE? WE'LL EXPLORE IT. BUT, BUT WHAT WE CAN'T GET INTO IS A SITUATION WHERE WE MOVE IT DOWN AND NOW IT REQUIRES US TO TAKE MORE TREES OUT. AND THEN WE LOSE OUR SUPERIORITY POINTS FOR TAKING MORE THAN 75. YOU'RE PRESERVING MORE THAN 75% TREE. SO IT'S JUST, WE'RE SO EASY ON THIS. TH THIS IS THE EASY PART WHERE THESE THINGS GO AND IT'S JUST A BALANCING ACT, AND IT WOULD BE EASIER FROM AN ENVIRONMENTAL STANDPOINT, JUST SAY, HAVE NONE OF IT. BUT THEN, THEN WE DON'T MEET THE PLAN OR THE PARKS DEPARTMENT. AND THEN WHAT HAPPENS IS YOU WILL HAVE PEOPLE, THEY WILL GET TO THAT WATER. AND IF WE DON'T HAVE PIERS AND STEPS AND AREAS OF ACCESS, YOU SEE UP AND DOWN THE RIVER, WHAT HAPPENS? PEOPLE GO DOWN, THEY CREATE, WELL, IT JUST SEEMS LIKE THE BATS. WE NEED TO BE AWAY FROM THE BATS. IF WE CAN SEIZE THE PIER AND EVERYTHING, MOVE IT OVER, ROVER, WHAT IS [02:35:01] THE DEAL? WHY ARE WE SO SET ON GETTING IT CLOSE TO THE BATS? YOU KNOW? BUT ANYWAY, IF Y'ALL COULD JUST LOOK AT THAT, I THINK THE CONDITION THAT WE HAVE CURRENTLY COULD, UM, SAY THAT IT, YOU KNOW, IT COULD MOVE ANYWHERE ALONG THE SHORELINE. CAUSE WE HONESTLY, IT DOESN'T, I DON'T WANT TO SAY IT DOESN'T MATTER, BUT ANY PLACE THAT DOESN'T CAUSE MORE EROSION. SO ANY PLACE THAT DOESN'T TAKE OUT, UH, REQUIRE THE REMOVAL OF TREES. OKAY. OKAY. ALL RIGHT. WELL, THANK YOU. OKAY. APPRECIATE THAT. I THINK I'M JUST ABOUT FINISHED. I, UM, RICHARD, UH, IN OUR, OR I I'M YOUR REPRESENTATIVE ON THE SCHWAB. AND SO WE'VE WORKED WITH ENDEAVOR, WE'VE MET WITH THEM. WE'VE HAD SOME MEETINGS TO DISCUSS THIS FURTHER AS YOUR SCHWAB REPRESENTATIVE, AND Y'ALL HAVE BEEN VERY GOOD ABOUT WORKING WITH THE BAT CONSERVANCY. UM, I GUESS A CONDITION OF SOME SORT SAYING THAT THEY WILL CONTINUE THIS RELATIONSHIP DURING THE ENTIRE DEVELOPMENT PROCESS TO CONTINUE THAT RELATION HAPPENING. UH, YOU'VE BEEN GENEROUS ABOUT MANY THINGS HERE, UH, AND I'M SURE THERE'S OTHER PLACES YOU WILL MEET SOME RT RICHARD AND CAN BE HAPPY. AND I DO WANT TO THANK YOU FOR THE TREES. VERY SIGNIFICANT. AND WE, WE SEE THAT WE DO SEE THAT. AND, UM, UH, THE COOPERATION THAT Y'ALL HAVE GIVEN TO THE SCHWAB WORKING GROUPS HAS BEEN COMMENDABLE. AND SO I JUST WANT TO SAY THAT I, I KNOW THAT THIS WILL CONTINUE TO ENHANCE AND BE WORKED OUT AS THIS PROCESS MOVES FORWARD. THANK YOU, MADAM CHAIR. AND I DON'T KNOW BECAUSE WE DIDN'T HAVE ANYBODY SPEAK AGAINST US TONIGHT. I'M ASSUMING, DOES THAT MEAN I DON'T GET A REBUTTAL BECAUSE I DID WANT TO SAVE SOME TIME TO, I DID WANT TO SAY SOME TIME TO FIND WHAT THE CODE SAYS ABOUT SUPERIORITY, BECAUSE I THINK WHAT WE'RE GETTING HUNG UP WITH HERE IS SOME SUBJECTIVE THINGS ABOUT SPIRITUALITY, BUT THERE'S A VERY OBJECTIVE POINTS OF SUPERIORITY IN THE CODE. HOW MANY MINUTES OF A REBIRTH OF DO YOU GET WITH COUNSEL? IF YOU GIVE ME, IF YOU GIVE ME TWO MINUTES, I'LL GO THROUGH WHAT I WOULD JUST WANT JUST IN CASE, BECAUSE, BECAUSE HERE'S WHAT WE'RE ASKING FOR TONIGHT, THE STAFF DOES NOT THINK WE'RE SUPERIOR. YOU MAY NOT THINK WE'RE SUPERIOR. YOU DON'T HAVE TO BE SUPERIOR FOR A PUD IN EVERYTHING. IN OTHER WORDS, YOU DON'T HAVE TO MAKE ATD HAPPY WITH THE ROADS, PARKS, HAPPY WITH THE PARKS, ENVIRONMENTAL, WITH THE ENVIRONMENTAL PLANNING. YOU DON'T HAVE TO GET THEM ALL. YOU HAVE TO HIT SOME OF THEM AND WE'RE TRYING, AND WE'RE GOING TO TRY TO HIT ALL OF THEM IF WE CAN. AND ENVIRONMENTAL IS A VERY IMPORTANT COMPONENT, ESPECIALLY TO THE MAJORITY OWNER OF THIS TRACK, THE FAMILY THAT OWNS THIS, I'M JUST THE TRUSTEE FOR THE FAMILY. IT'S VERY IMPORTANT FOR THEM TO HAVE AN ENVIRONMENTALLY SUPERIOR PROJECT. BUT WHEN YOU START OUT WITH TRYING TO HIT THAT SUPERIORITY, YOU HAVE TO GO TO THE CODE TO SEE WHAT THAT MEANS. AND LET ME JUST GO THROUGH A FEW OF THEM REALLY QUICKLY, ENVIRONMENTAL AND DRAINAGE CRITERIA THAT GETS YOU SUPERIORITY IS IF YOU COMPLY WITH CURRENT CODE, INSTEAD OF ASSERTING ENTITLEMENTS TO FOLLOW OUR OLD FOLLOW OLDER CODE, I COULD GRANT THIS GRANDFATHER, THIS THING BACK TO THE STONE AGES WITH THE APPROVALS, IT'S SAT ON IT. WE ARE COMING IN AT CURRENT CODE. WE SHOULD GET CREDIT FOR THAT. FOR SUPERIORITY, WE PROVIDE WATER QUALITY CONTROLS, SUPERIOR TO THOSE OTHERWISE REQUIRED BY CODE RAIN, GARDENS, UNDERGROUND SYSTEMS, THOSE TYPES OF THINGS. THOSE ARE SUPERIORITY ITEM. WE USE GREEN WATER QUALITY CONTROLS. THAT IS SOMETHING WE SHOULD GET CREDIT FOR. WE PROVIDE WATER QUALITY TREATMENT FOR OTHERWISE UNTREATED. WE'VE GOT, WE DON'T TREAT 10 ACRES, BUT WE'VE GOT 2.6 ACRES OF LAND. THAT'S UNTREATED. NOW THAT WE'RE GOING TO TREAT, WE'RE GOING TO REDUCE IMPERVIOUS COVER. THAT'S IT. AND I'M READING STRAIGHT FROM CODE RIGHT NOW. UM, AND THERE'S ABOUT 21 OF THEM AND I'M NOT GOING TO GO THROUGH THEM ALL, BUT WE HIT ABOUT 11 OF THEM. UM, WE'RE GOING TO BE DOWN TO 5% OR LESS IN THE CRITICAL WATER QUALITY ZONE. UH, WE'RE GOING TO RESTORE RIPARIAN VEGETATION IN EXISTING DEGRADED, CRITICAL WATER QUALITY. YOU CAN GO DOWN THERE NOW AND YOU CAN SEE WHERE IT'S DEGRADED AND WE'RE GOING TO RESTORE IT. IT'S RIGHT HERE IN THE CODE. YOU GET CREDIT FOR THAT FOR SUPERIORITY, WE'VE GOT TREE PLANNINGS USING CENTRAL CHECKS IS TREE STOCK. THAT'S ANOTHER ONE. WE PRESERVE HERITAGE TREES. THAT'S ANOTHER ONE. UM, WE PROVIDE RAINWATER HARVESTING. THAT'S ANOTHER ONE. UM, WE, WE DIRECT STORMWATER RUNOFF TO IMPERVIOUS SUR FROM IMPERVIOUS SURFACES TO LANDSCAPE AREAS. THAT'S ANOTHER ONE. AND THEN THERE'S A WHOLE LIST OF OTHER CREATIVE AND INNOVATIVE ONES. BUT WHEN YOU, WHEN YOU LISTEN TO THE STAFF RECOMMENDATION, YOU WOULD THINK THAT WE'RE COMING OUT HERE AND JUST [02:40:01] MOW IN THIS PLACE DOWN. AND WE'RE NOT DOING ANYTHING. WHEN IN FACT WE'VE HIT 11 OF 21 THAT ARE IN THE CODE. PLUS SOME, IT'S JUST THE SUBJECT OF ONES THAT WE HAVEN'T HIT. SO WE'LL ASK TONIGHT THAT IF YOU, IF YOU DON'T FIND W WE HOPE YOU FIND A SUPERIOR, IF YOU DON'T DO WHAT THE PARKS BOARD DID, AND I'LL DISAGREE WITH SCOTT A. LITTLE BIT ON WHAT HE SAID, THE PARKS BOARD, DIDN'T NOT RECOMMEND THE PUD. WHAT THEY SAID IS YOU'RE NOT QUITE SUPERIOR ENOUGH AND HERE'S YOUR ROADMAP GO OFF AND WORK IT OUT. AND THAT'S, WE'RE ASKING TONIGHT, IF YOU FIND A SUPERIOR, THAT WOULD BE GREAT. IF YOU FIND US THAT WE'RE NOT QUITE THERE, SAY WE'RE NOT QUITE THERE. WE'RE NOT TAKING A POSITION ON THE PUG, BUT HERE'S YOUR ROADMAP. THANK YOU. YES. ALL RIGHT. SO, UH, ONE, I JUST WANT TO GO DOWN THE THINGS THAT HE LISTED AS SUPERIOR. SO HE'S SAYING THAT HE'S ASKING FOR CURRENT CODE INSTEAD OF ENTITLEMENTS. YOU KNOW, EVERY PUD IS DIFFERENT. THIS IS AN EXISTING PUD, IT'S AN AMENDMENT, BUT WE COMPARE EVERY PUD AMENDMENT TO CURRENT CODE. AND, UM, IF THEY DEVELOPED NOW WITH THEIR CURRENT PUD, THEY'D HAVE A PRINTING PRESS. AND SO WE ARE COMPARING THEM TO CURRENT CODE BECAUSE THAT'S WHAT WE ALWAYS DO. AND, YOU KNOW, IF THEY WANT TO BUILD UNDER THEIR CURRENT ENTITLEMENTS, THEY ARE, YOU KNOW, THEY CAN DO THAT AS WELL. UM, THE WATER QUALITY THEY TALKED ABOUT IS ACTUALLY REQUIRED BY CODE. WE DO NOT CONSIDER THAT A SUPERIORITY BECAUSE ANY PROJECT COULD COME IN AND, AND DEVELOP UNDER CURRENT CODE, A POD IS SUPPOSED TO BE SUPERIOR. THEY'RE SAYING THAT THEY'RE GOING TO DO GREEN STORM WATER INFRASTRUCTURE, BUT THAT IS REQUIRED BY CURRENT CODE BECAUSE THEY'RE BUILDING WITHIN THE CRITICAL WATER QUALITIES ZONE. SO, UH, IF THEY DID NOT HAVE A CRITICAL ON THEIR PROPERTY AND THEY DID BUILD GREEN STORM WATER INFRASTRUCTURE, THAT WOULD BE SUPERIOR, BUT IT'S NOT THE CASE HERE. UH, WE HAVE NOT SEEN THE 2.6 ACRES OF UNTREATED, UM, UH, WATER QUALITY. WE HAVEN'T SEEN THAT. UM, THEY ARE REDUCING IMPERVIOUS COVER, BUT, UM, THEY'RE IN AN URBAN WATERSHED. THEY ACTUALLY GET A LOT OF IMPERVIOUS COVER BY, RIGHT. UM, THE REMOVING IMPERVIOUS COVER FROM THE CRITICAL, BUT THEY'RE ALSO PLACING THE IMPERVIOUS COVER BACK IN THE CRITICAL WITH SIDEWALKS AND OTHER, UH, DISTURBANCE, MAYBE VENDORS. WE DON'T KNOW, UM, THEY ARE RESTORING VEGETATION, THE VEGETATION ALONG THE SHORELINE. THAT'S GOOD. I WISH IT WERE MORE, YOU KNOW, IF THEY GIVE US MORE, IT WOULD BE SUPERIOR. UM, TREE PLANTINGS. YES. SOME OF THE TREE PLANTINGS ARE REQUIRED BY CODE BECAUSE IT'S A INTERNAL, UH, ROADWAY AND, UM, TREE PRESERVATION. YES. A HUNDRED PERCENT. THEY'RE DOING A GREAT JOB AND RAINWATER HARVESTING. THIS WAS NOT PRESENTED TO US AGAIN, LOTS OF CHANGES HAVE HAPPENED SINCE THE LAST UPDATE, BUT IF YOU DON'T KNOW ABOUT THEM, YOU CAN'T GIVE THEM CREDIT FOR IT. SO IT'S NOT IN WRITING. SO THANK YOU. THANK YOU. UH, FOR THE QUESTION SHE ASKED COMMISSIONER, UH, ASIA, ASIA, UH, A QUESTION FOR YOU, UM, YOU, YOU SAID, UH, SOMETHING ABOUT, UH, THE, THEY ARE RESTORING, THEY'RE DOING SOME WETLANDS RESTORE AND WE'D LIKE TO SEE MORE. WHAT WOULD YOU, UM, CAN YOU ELABORATE ON THAT? YES. SO WE'RE ASKING AS A CONDITION OF THE PUD FOR SUPERIORITY TO MOVE THE TRAIL AWAY FROM THE SHORELINE AND THEN RESTORE THAT AREA. THEY CAN CALL IT A BUFFER, A REDUCED WETLAND BUFFER, AND RESTORE IT WITH, UM, UM, RIPARIAN PLANTS AND PROTECT IT WITH A SPLIT RAIL FENCE. AND THAT WOULD BE SUPERIOR. OKAY. SO, SO THE, THE DIFFERENCES IS THAT INSTEAD OF HAVING WETLANDS FROM THE CURRENT SHORELINE TO WHERE THE CURRENT TRAIL IS ON THE, ON THE LAKE SIDE, YOU'D LIKE TO SEE THAT DISTANCE OUT TO 25 FEET AND THEN HAVE ALL OF THAT RIPARIAN WETLANDS, OR MOST OF IT WHERE IT'S APPROPRIATE. AND THAT WOULD BE SUPERIOR. IS THAT WHAT YOU'RE SAYING? YES. AND, UM, IS THERE, UM, UH, UH, UH, MR. SADDLE, IS THERE, IS THERE, UM, I I'M, I HAVING TROUBLE UNDERSTANDING [02:45:02] SO WELL, IS THAT, WHY IS THAT, WHY DOES THERE SEEM TO BE A CONFLICT, UM, BETWEEN, UM, THE RECOMMENDATION AND, AND, AND WHAT WE'D LIKE TO SEE, UH, GIVEN, UH, THE, THE ENVIRONMENTAL, UM, CODES THAT WE'RE WORKING WITH IN, IN, IN THE CITY OF AUSTIN, UM, TO HAVE, UH, NOT 50 FEET, BUT 25 FEET IN, INSTEAD OF WHERE IT IS. UH, UM, WELL, FIRST, FIRST OF ALL, THERE IS NO PROTECTION FOR WETLANDS IN THIS WATERSHED. I UNDERSTAND THAT, BUT, BUT IT'S, WOULD IT, WOULD IT BE A DEAL BREAKER? IS THERE, IS THERE SOME REASON THAT, THAT YOU, THAT YOU ARE RESISTING BRINGING THE TRAIL IN FURTHER THAT YOU CAN EXPLAIN? SO I CAN UNDERSTAND THAT IT REQUIRES THE REMOVAL OF A BUNCH MORE TREES, AND I KNOW AVA WILL DISAGREE, BUT WE'VE BEEN OUT THERE AND WE'VE LOOKED AT IT IN ORDER TO MOVE THAT TRAIL 25 FEET OFF, IT'S GOING TO EAT INTO USABLE PARKLAND BECAUSE OF THE WAY, THE WAY WAY I'M TOLD IS THAT BETWEEN THE TRAIL THEN IN THE RIVER, YOU'D WANT, YOU'D WANT THE SPLIT RAIL FENCE AND THE NATURAL VEGETATION FOR TWENTY-FIVE FEET, WHICH TAKES AN AREA OUT OF USABLE PARKLAND. IT LOOKS NICE UNTIL IT ALL GROWS UP AND STARTS LOOKING LIKE IT DOES OVER AUDITORIUM SHORES, BUT IT'S AN AREA THAT NOW YOU CAN'T PLAY ON IT. YOU CAN'T WALK ON IT, YOU CAN'T DO ANYTHING ON IT. AND THEN TWO, WHEN YOU COME UP, YOU'VE GOT A GRADE AND YOU'VE GOT TO GRADE IT, AND THEN YOU GOT TO TAKE THE TREES OUT. AND IT JUST, IT JUST, IT JUST DOESN'T WORK. TAKING TREES OUT IS IT'S VERY EXPENSIVE. IF YOU'RE GOING TO RE IF YOU'RE GOING TO MOVE TO THAT'S FOR CREDIT, FOR KEEPING THE TREES RIGHT NOW, NOW WHAT'S THE POSSIBILITY OF, UH, IT SOUNDS TO ME AS THOUGH THERE MAY BE PLACES WHERE THE TRAIL COULD COME INLAND AND, AND WORK. IS THERE A POSSIBILITY OF WORKING WITH, UH, THE, UH, THE STAFF TO, UM, TO MAKE IT, TO MAKE A COMPROMISE WHERE, WHERE, WHERE IT'S POSSIBLE TO GO FURTHER INLAND IS THERE, WHAT'S THE PROBLEM WITH THAT? IF, IF IT, IF IT WORKS AND DOESN'T TAKE OUT TREES, IS THAT, I MEAN, NOW THAT THERE'S PROBABLY SOME ROOM THERE, IF THERE'S ROOM, IF THERE'S ROOM TO, WELL, FIRST OF ALL, THE TRAIL IS MUCH WIDER THAN IT ACTUALLY IS DEEDED. SO, BUT I'M NOT RECOMMENDING, LET ME TELL YOU, I DON'T WANT TO BE ON TV SAYING I RECOMMEND NARROWING THE TRAIL IN THAT AREA BECAUSE IT'S NARROW ENOUGH. THERE'S PLACES WHERE IT'S JUST VERY WIDE. UM, IT'S JUST SORT OF BECOME THAT WAY, BUT WE'RE, WE'RE GONNA SEE A TRAIL THAT'S LOOKS LIKE A TRAIL WHEN ALL IS SAID AND DONE. UM, SO, SO IN OTHER WORDS, YOU'RE SAYING THAT YOU ARE WILLING TO WORK, UH, WITH THE STAFF TO FIND SOMETHING THAT'S MUTUALLY ACCEPTABLE, IF POSSIBLE, IS THAT YES. NOW THE TRAIL IS IN AN EASEMENT TODAY. WE'RE SORT OF CONSTRAINED BY THE EASEMENT AND, AND THE LOCATION OF IT NOW, BUT, BUT THE IMPORTANT PART IS GETTING THAT PROTECTION BETWEEN THE TRAIL AND THE WATER. AND THAT'S WHERE I THINK THERE'S A LOT OF ROOM FOR NEGOTIATION AND HOW THAT WOULD LOOK AND HOW THAT HAPPENS. WELL, I, I AGREE WITH YOU ABOUT, ABOUT THAT, AND I'M REAL HAPPY TO HEAR ABOUT THAT BECAUSE AS I WAS GOING, W UH, WALKING ALONG THERE, UH, RIGHT ALONG THE SHORELINE, IT'S JUST TRASH AND IT'S DISGUSTING AND IT'S, IT'S UGLY, AND NOBODY WANTS TO SEE THAT. SO I SEE THAT AS A PLUS, BUT, UM, BUT BEING RIGHT WHERE IT IS, AND BEING 25 FEET IN IS, IS STILL SOMETHING THAT NEEDS TO BE WORKED, WORKED OUT OR ELSE IT'S, IT'S, IT'S GOING TO A PROBLEM AS FAR AS I, AS FAR AS I COULD TELL. SO WE HAVE SORT OF A, A BALANCE HERE, MAYBE ANYTHING ELSE? CAUSE COMMISSIONER THOMPSON, I DON'T EVEN KNOW IF IT'S, IF THIS IS ALLOWABLE, IF IT'S AN ENVIRONMENTAL IT'S WELL, YOU CAN ASK THE PERSONAL, I JUST HAVE A QUESTION ABOUT, UM, UH, ADA ACCESS IS, IS, UM, IS A VERY BROAD SUBJECT IF YOU HAVE A DISABILITY, UM, WHICH I DO. AND WHEN MY SISTER AND I, UH, USE THE TRAILS, WE, WE USE TRICYCLES THERE. IT'S CALLED A TARA TRIKE. AND IF I'M GOING TO BE PARKING IN A GARAGE, HOW AM I GOING TO GET MY TERRA TRIKE, UM, ON THE TRAIL? UM, I THINK THAT W THAT MAYBE [02:50:01] THERE ARE, UH, BIKE PATHS DOWN TO THE TRAIL. I'VE BEEN SEEING A NUMBER OF REASONS WHY PEOPLE LIKE THE, UH, THE, THE CONGRESS ACCESS, BUT, BUT I'M JUST TRYING TO FIND OUT HOW THAT WOULD WORK. COMMISSIONER SCOTT, I'M GUESSING YOU DID NOT RIDE YOUR TERROR TRACK DOWN THE ACCESS ON CONGRESS AVENUE, BECAUSE I KNOW THAT RIGHT NOW, THERE'S ABOUT A FOOT AND A HALF DROP-OFF ON ONE END, AND THERE'S A LEVEL OF STAIRS. SO IF YOU CAME IN ON YOUR, ON YOUR TERROR, OKAY, WELL, IF YOU WANTED TO COME IN ON YOUR BIKE, TRY, YOU WOULD COME IN OFF BARTON SPRINGS ROAD AND THERE WILL BE THREE AREAS THAT YOU ACTUALLY BE ABLE TO RIDE DOWN TO AND GET DOWN TO THE TRAIL, WHEREAS TODAY, AND, UH, AND THAT, AND THAT'S PART OF WHAT WE THOUGHT WAS SUPERIOR IN THE PARKS DISCUSSION. WHERE WOULD, UH, WHERE WOULD SOMEONE PARK IF THEY WERE GOING TO ACCESS FROM BARTON SPRINGS? SAY THAT AGAIN? WHERE WOULD SOMEBODY PARK IF THEY WERE GOING TO ACCESS ALONG BARTON SPRINGS, THERE'LL BE A 4,000 CAR PARKING GARAGE ON THE DEVELOPMENT THAT YOU COULD PARK AT. OKAY. HE TALKED ABOUT THAT, BUT HOW DO YOU GET FROM THE PARKING LOT IF IT'S AN UNDERGROUND PARKING LOT, HOW DO YOU GET A CHAIR, A TRIKE ELEVATOR OF AN ELEVATOR UP A TERROR TRACK THAT WILL THEN ELEVATOR, THAT WILL, THAT WILL ALLOW FOR, UH, I'M NOT SURE HOW BIG YOUR TRACK IS. OKAY. WE, WE NEED TO GO AHEAD AND GO TO SOMETHING ELSE, TEAR UP. ANY OTHER QUESTIONS? THOMPSON HAS A FEW QUESTIONS. COMMISSIONER THOMPSON. I WAS JUST MAKING A GENERAL COMMENT ABOUT PADDLE BOATS AND BOAT RENTALS. SINCE WE'RE TALKING ABOUT THE SHORELINE, I KNOW DOWN AT THE CRAB SHACK OR WHATEVER IT'S CALLED RIGHT NOW, THEY JUST HAVE BOATS ON THE SHORE. SO I JUST WANTED TO KNOW IF WE SHOULD DISCUSS THAT, OR IF THAT'S SOMETHING IN THE PLANS, OR IF THEY'RE JUST TO HAVE SHOPS AND YOU RENT THE THING AND WALKED DOWN THE STEPS TO GET TO THE WATER. AND THERE'S NO ISSUE WITH WATERFRONT ON THAT RIGHT NOW, WE DON'T HAVE, WE'RE NOT FAR ENOUGH ALONG THE PROGRAM. WE RIGHT NOW, THERE ARE NO PLANS TO HAVE THE CONCESSIONS FOR PADDLE BOATS AND THAT KIND OF STUFF ON THE FRONTAGE HERE. I DID READ THAT AT SOMETHING. SO I'M OKAY AT THIS POINT. SO IT MAY BE SOMETHING THAT WE WOULD DISCUSS LATER, OR COMMISSIONER I'M SCOTT GRANTHAM WITH PARKS AND RECREATION. I THINK THAT THIS IS SOMETHING IT WOULD FALL UNDER THE PURVIEW OF A PARKS, CONCESSIONAIRES AGREEMENT. SO IT'S ENTIRELY POSSIBLE, AND IT WOULD BE PERMITTED. UH, BUT, BUT, UM, RICHARD IS CORRECT THAT, UM, THAT'S NOT BEING PROPOSED CURRENTLY. IT'S NOT, IT'S NOT PART OF THEIR PLAN, BUT IT'S SOMETHING THAT WOULD BE POSSIBLE. AND THAT WOULD GO TO THE PARKS BOARD. IT CONCESSIONAIRE WOULD BE DETERMINED BY THE PARKS SPORT. WE, WE WOULD, I HAVE TO BE COMPLETELY FRANK AND I HAVEN'T DEALT WITH MANY CONCESSIONAIRES AGREEMENTS, BUT I TRUST YOU. YES. COMMISSIONER BRIMER. YEAH, I, I HAVE ONE, JUST A GENERAL COMMENT, UH, KIND OF, UH, FOLLOWING UP ON, UH, COMMISSIONER SCOTT'S COMMENTS. IT SEEMS TO ME THAT, UM, EIGHTH IS SUGGESTIONS THAT YOU MAKE IT, SHE MADE SOME SUGGESTIONS TO IMPROVE THE, IMPROVE THE DEVELOPMENT. AND I HAVEN'T SEEN YOUR OBJECTIONS. I MEAN, YOU MADE SOME OBJECTIONS THAT ARE, I DON'T SEE THAT THEY'RE MAJOR OBJECTIONS REALLY. I MEAN, YOU SAY, WELL, OKAY, WE MAY HAVE TO CUT DOWN A FEW TREES. IF AVA IS FINE WITH THAT, THEN MOVE FORWARD IN THAT WAY. WELL, I'VE GOT THE TREE GUYS. OKAY. BUT IF SHE, IF SHE HOLDS THE HATCHET WITH THE TREE GUYS OR WHATEVER, I MEAN, IT'S ALL KIND OF A GIVE AND TAKE TYPE OF THING. AND YOU, IF YOU CAN REACH AN AGREEMENT THROUGH NEGOTIATION THAT SAYS, OKAY, WE WERE IN ORDER TO GET THE TRAIL MOVED IN FROM THE RIVER OF THE LAKE, WE'RE GOING TO SACRIFICE THREE TREES. IF THE GREATER GOOD IS MOVING IT IN FROM THE RIVER OVER THREE TREES, THEN MAYBE THAT'S THE DEAL MAKE I, I'M NOT NEGOTIATING THIS. AND I CAN'T MAKE THAT DECISION. BUT WHAT I'M SAYING IS IF THIS, IF CITY STAFF IS WILLING TO MAKE THAT TRADE OFF, THEN MAYBE THAT'S THE TRADE OFF YOU MAKE. IF [02:55:01] THEY'RE WILLING TO MOVE THE, YOU KNOW, THE BOARDWALK AND THE PIER 60 FEET EAST, BECAUSE HEY, YOU KNOW, THE TRADE OFF IS THERE, THEN MOVE AS 60 FEET EAST. YOU KNOW, IF, IF I HEARD SOMETHING LIKE, WELL, IT'S GOING TO COST US $37 MILLION TO MOVE THE TRAIL, AND THIS IS GOING TO BANKRUPT US. OKAY. THEN THAT'S A DIFFERENT ARGUMENT THAT YOU POSE. AND THEN THAT KIND OF CHANGES THE WAY WE DISCUSS IT. BUT I HAVEN'T HEARD THAT WHAT I'VE HEARD IS SHE'S MAKING SOME WHAT I PERCEIVE TO BE SOME REASONABLE REQUESTS. AND, YOU KNOW, I DON'T SEE ANY REASON WHY, IF SHE'S LEADING THE CHARGE FOR THE CITY STAFF IN NEGOTIATING, THIS THAT YOU DON'T SAY, SURE, LET'S MOVE THE TRAIL INBOUND. LET'S DO THIS, THAT, AND THE OTHER THING, AND, YOU KNOW, YOU TAKE THE FLACK FOR IT, CITY STAFF PERSON, BECAUSE THIS IS WHAT YOU'VE DONE AND JUST MOVE WITH IT. YOU KNOW, I JUST DON'T UH, CAN YOU HOLD ON RETREAT? CAN I GET THAT FOR JUST ONE SECOND? IS THE TREE WE'RE JUST KEEP, LET'S JUST GET THIS IN A NUTSHELL, IS RICHARD SUTTLES, UH, IDEA ABOUT THE TREES HE'S GETTING SUPERIORITY IN EVERY TREE THAT'S TAKEN OUT, THEN HE COULD LOSE THAT SUPERIORITY. IS, IS THAT THE ISSUE HERE THAT, THAT WE'RE CONFRONTED WITH? GO AHEAD. NO, WE CAN'T. AND I MEAN, MR. SUTTLE, I DIDN'T MEAN TO SAY THAT. SO I THINK THERE'S SEVERAL ISSUES KIND OF COMING TOGETHER. UH, WE DO NOT AGREE THAT THEY WILL REMOVE TREES TO BUILD, TO MOVE THE TRAIL. WE, WE DON'T AGREE FLAT OUT. NO, WE DO NOT AGREE. UM, SECOND, UM, THE TREES HAVE SOME WIGGLE ROOM WITH PRESERVATION AND, UM, SO THEY'RE ALREADY SAVING A HUNDRED PERCENT OF THE HERITAGE TREES AND THEY HAVE THEIR 75, 70 7%, UH, THEY'RE SAVING 77% OF ALL OF THE OTHER TREES, BUT THE TIER TWO CALCULATION ONLY REQUIRES 75%. SO THEY ACTUALLY HAVE 2% OF WIGGLE ROOM. UM, THEY COULD ALSO TRANSPLANT THE TREES. AND SO ONE OF THE WATERSHED, UM, ONCE THEY GOAL, I MEAN, IT IS A GOAL IS THAT, YOU KNOW, THIS, THIS TRAIL WHERE IT'S SITTING TODAY, IF WE DON'T DO SOMETHING ABOUT MOVING THE TRAIL, IT WILL BE THERE FOR ANOTHER 50 YEARS. AND SO THE EROSION WILL ONLY GET WORSE. AND SO WHAT WE'RE TRYING TO DO WHILE WE HAVE THIS OPPORTUNITY IS TO MOVE IT OUT A LITTLE AND GIVE IT SOME SPACE AND BREATHING ROOM AND RESTORE IT. BECAUSE IF WE DON'T GET THIS OPPORTUNITY TODAY, WE WILL NEVER GET THIS OPPORTUNITY. AND SO THAT'S WHY WE'RE TRYING TO FIGHT FOR, BUT, AND, AND THAT'S WHAT I'M GETTING TO. IT SEEMS LIKE THESE ARE ALL NEGOTIABLE ITEMS. AND IF EIGHTH IS WILLING TO GIVE A LITTLE BIT, THEN TAKE WHAT SHE'S GIVING YOU AND, AND GO FOR IT. I MEAN, I DON'T SEE THAT YOU'RE THAT FAR APART TO ME THAT YOU CAN'T NEGOTIATE THIS OUT. I HAVEN'T BEEN IN THE NEGOTIATIONS. I DON'T KNOW ANYTHING ABOUT WHAT'S GOING ON. THERE MAY BE ISSUES THAT I'M NOT AWARE OF, THAT COULD, THAT ARE REALLY MORE CHALLENGING THAN THE DISCUSSION WE'VE HAD. AND I, YOU KNOW, THAT COULD BE A PROBLEM, BUT JUST THE DISCUSSION I'VE HAD HERE. I DON'T SEE THAT, YOU KNOW, I HAVE SOME MINOR CONCERNS OR SEMI MAJOR CONCERNS MYSELF, BUT NONE OF THEM, I CONSIDER IT A SHOWSTOPPERS TO THIS. I DON'T SEE THE DISCUSSION THAT UNH, I HAVE A SUBTLE BE REALLY, YOU KNOW, GONNA STOP EVERYTHING. I JUST LIKE WALKING IN YOUR ROOM, SHUT UP PIZZA UNDER THE DOOR EVERY SO OFTEN UNTIL YOU GET OUT. I MEAN, I, YOU KNOW, I DON'T SEE THIS TO BE A BIG PROBLEM, BUT I, I HAVE TO RELY ON MY ENGINEERS AND MY ARBORS AND MY, OUR ENGINEERS AND ARBORISTS ARE TELLING ME THAT IF WE MOVE THAT TRAIL OVER, WE'RE GOING TO TAKE OUT 393.5 MASA, MANOS, INCHES OF TREES WILL BE IMPACTED. AND IT'S 21 TREES. IT'S NOT THREE IT'S 21 TREES. AND, BUT SHE'S SAYING IT ISN'T. AND IF SHE'S WILLING TO DRAW THE LINE IN A PLACE THAT SAYS IT'S NOT IN ORDER, DRAW THE LINE AND BE DONE WITH IT. I MEAN, I WOULD LOVE, UM, TO SEE WHERE SHE'S TALKING ABOUT, BECAUSE I'M STUCK WITH MY ENGINEERS AND BARBERS GET A MAP OUT AND SHOWING THE MAP. I MEAN, YEAH, YEAH, [03:00:01] GUYS, YOU KNOW, WE WERE GOING TO BE, WE REALLY NEED TO STICK TO OUR MOTIONS THAT WE'RE GETTING READY TO COME FORWARD WITH. I THINK WE'VE HAD PLENTY OF BACK AND FORTH. SURE. AND I APPRECIATE THE CONCERN FROM EVERYONE. IT'S, IT'S GREAT. AND I THINK THERE IS MORE ROOM FOR NEGOTIATIONS, AND I THINK WE'RE GOING TO GET CLOSE TO THESE BETTER OUTCOMES FOR THE PUBLIC AND FOR THE VISION PLAN. AND I'M CONFIDENT THAT IT'S GOING TO HAPPEN. SO HEARING ALL OF THIS AND KNOWING THAT, UM, WE'RE GOING TO, WE CAN CONTINUE THIS FOR FIVE MORE HOURS. LET, CAN I GET A MOTION JUST TO CLOSE THE PUBLIC HEARING AT THIS POINT? I SO MOVED SO CLOSE THE PUBLIC HEARING AT THIS POINT. UM, WE CAN STILL DISCUSS, YES, WE CAN DISCUSS IT. WE'RE JUST GOING TO CLOSE IT ALL IN FAVOR. SAY AYE, BY RAISING YOUR HAND MOTION CARRIES. ALRIGHT, SO NOW WE CAN, WE CAN, UH, MOVE FORWARD AND HAVE STILL DISCUSSION. YES, GO AHEAD. I JUST HAVE A BRIEF COMMENT AND THAT IS THAT THE TRAIL GUYS AND THE TREE GUYS ARE THE SAME GUYS. SO I THINK YOU CAN WORK IT OUT. UM, WE'RE UH, TH THE ENVIRONMENTAL COMMISSION HAS JURISDICTION OVER BOTH TREES AND, AND THE TR AND THE TRAIL. SO IF, IF THE STAFF FEELS THAT THERE'S ROOM THERE TO WORK, I'D REALLY LIKE TO SEE, SEE YOU INSTEAD OF SHAKING YOUR HEADS. NO. WHICH I SAW, UH, TO TAKE A LOOK, SIT DOWN AND TAKE A LOOK AND SEE WHAT YOU CAN DO. CAUSE I, I REALLY THINK YOU COULD DO IT. THAT'S ALL I HAVE. THANK YOU. ALRIGHT, THANK YOU SO MUCH. IS THERE ANY CHANCE THAT WE HAVE A MOTION FOR ITEM THREE, A WE HAVE A MOTION FROM, I HAVE A MOTION AND, UM, I'D LIKE TO NOTE ALSO, UH, THAT I THINK THIS DISCUSSION OVER THE COURSE OF THE LAST HOURS HAS BEEN PRODUCTIVE. UM, AND I THINK IT IS DEFINITELY MATURING. UM, THE INFORMATION THAT WE WERE GIVING HIM BACK UP BEFORE THIS MEETING IS, IS WE'RE, WE'RE HEARING BETTER THINGS AT THE MEETING. SO I AM ENCOURAGED BY THAT. UM, I JUST MAKE THAT NOTE. SO FOR AGENDA ITEM THREE, A THE SUBJECT BEING 3 0 5 SOUTH CONGRESS PLANNED UNIT DEVELOPMENT, C EIGHT ON FOUR DASH EIGHT, NINE DASH ZERO ZERO THREE.ZERO TWO. WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT IS REQUESTING AN AMENDMENT TO AN EXISTING PUD FROM 1989. WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE PROPOSED PUD WOULD REQUIRE SIX ENVIRONMENTAL CODE MODIFICATIONS AS NOTED BY STAFF IN THEIR PRESENTATION. AND WHEREAS THE ENVIRONMENTAL COMMISSION ALSO RECOGNIZES THAT STAFF CONSIDERS THE CURRENT PROPOSAL, NOT ENVIRONMENTALLY SUPERIOR AND THUS NOT RECOMMENDED. HOWEVER, STAFF WOULD RECOMMEND THE PUTTER AMENDMENT. IF 15 STAFF CONDITIONS WERE MET, THEREFORE THE ENVIRONMENTAL COMMISSION DOES NOT RECOMMEND THE REQUESTED AMENDMENT TO THE EXISTING PUD AT THIS TIME. HOWEVER, THE COMMISSION RECOMMENDS STAFF CONTINUE TO WORK WITH THE APPLICANT TO NEGOTIATE UNRESOLVED SUPERIORITY ITEMS, ENVIRONMENTAL COMMISSION CONCERNS AND STAFF CONCERNS IN THE FUTURE. THE AMOUNT OF MO ENVIRONMENTAL COMMISSION MAY RECOMMEND THE PUD AMENDMENT WITH THE FOLLOWING. I'M GOING TO LIST OFF THE STAFF CONDITIONS THAT WERE GIVEN IN THE BACKUP. SO I UNDERSTAND THESE MAY HAVE CHANGED A LITTLE BIT STAFF CONDITIONS, ONE EXCEPT FOR THE ITEMS LISTED IN THE AMENDED ORDINANCE, THE PUD WOULD BE SUBJECT TO CODE AT THE TIME OF THE SITE PLAN APPLICATION TO DEDICATE BY DEED THE AREA OF APPROXIMATELY 6.5, THREE ACRES AS PUBLIC PARK PLAN LOCATED ALONG LADYBIRD LAKE FRONTAGE. AND 1.59 ACRES OF PARKLAND EASEMENT, THE PARKLAND AND THE EASEMENTS SHALL NOT BE RESTRICTED. NUMBER THREE, PROVIDE PUBLIC EQUITABLE ACCESS FOR, FROM SOUTH CONGRESS TO THE HIKE AND BIKE TRAIL THAT DOES NOT FORCE VISITORS THROUGH THE DEVELOPMENT FOR PROVIDE $100 OVER WHAT IS REQUIRED BY CURRENT AND CODE TO BUILD PARK AMENITIES, FIVE COMPLETE A PARKLAND IMPROVEMENT AGREEMENT THAT INCLUDES MAINTENANCE OF THE WATER QUALITY BONDS LOCATED WITHIN THE PARKLAND SIX MOVE AND NARROW THE PROPOSED PIER TO A LOCATION THAT DOES NOT IMPACT EXISTING TREES. SEVEN RELOCATE THE TRAIL, A MINIMUM OF 25 FEET FROM THE CREST OF THE SLOPE ALONG THE SHORELINE, EXCEPT AT APPROVED SHORELINE ACCESS POINTS AND RESTORE THE AREA BETWEEN THE SHORELINE AND THE TRAIL WITH RIPARIAN OR WHAT LAND VEGETATION PROTECT THE SPLIT, THE SHORELINE AND VEGETATION WITH A SPLIT RAIL FENCE, NUMBER [03:05:01] EIGHT, ELIMINATE REDUNDANT PATHS AND TRAILS WITHIN THE CRITICAL WATER QUALITY ZONE AND REDUCE IMPERVIOUS COVER WITHIN THE CRITICAL WATER QUALITY ZONE TO 5%. THIS NUMBER WILL INCLUDE PROPOSED CONCRETE SIDEWALKS, NUMBER NINE, PRESERVE OR TRANSPLANT 100% OF ALL HERITAGE TREES AND PRESERVE 77% OF THE TREES. OVERALL. THIS MAY CHANGE BASED ON BRONNER'S, UH, COMMENTS PROVIDE 100 CUBIC FEET OF SOIL FOR STREET TREES, WHICH CAN BE SHARED, BUT THE MAXIMUM OF TWO TREES PROPOSED TREES AND SHRUBS SHALL BE NATIVE OR ADAPTIVE TO CENTRAL TEXAS. NUMBER 12, PROVIDE WATER QUALITY FOR ALL PHASES OF THE POD PROJECT. UM, INCLUDING THESE TWO SUB POINTS 12 A THE PROJECT SHALL CAPTURE THE MAXIMUM AMOUNT OF STORM WATER WITHIN THE PROJECT THROUGH CISTERNS. USE THIS WATER WITHIN THE BUILDINGS PER WATER FORWARD GOALS AND RAIN GARDENS LOCATED ALONG THE EXTENSION OF BARTON SPRINGS ROAD TO TREAT THE RIGHT OF WAY AND 12 B WATER QUALITY LOCATED WITHIN THE CRITICAL WATER QUALITY ZONE. WE'LL UTILIZE RAIN GARDENS THAT ARE INTEGRATED WITH NUMBER 13, CONNECT AND USE AUSTIN WATER UTILITY, RECLAIMED WATER FOR ALL NON-POTABLE WATER USE WITHIN THE PROJECT. UH, THAT WAS SORRY. I GOT OFF, UH, 14 DEMONSTRATE THE BUILDINGS DESIGN AND WILL REDUCE THE POTENTIAL FOR BIRD BUILDING COLLISIONS BY USING GLASS WITH A RIFF REFLECTIVITY OF 15% OR LESS AND 15, THE FINAL ONE ENHANCED THE CITY OF AUSTIN, DARK SKY REGULATIONS BY ADDING THE FOLLOWING FOUR REQUIREMENTS, 15, A ROCK REQUIRE WARM LIGHT, LOW KELVIN RATING, 3000 KELVIN OR LESS ARE WARM AND EMIT LESS HARMFUL BLUE VIOLET LIGHT. THEN HIGH KELVIN RATED 15 B SHIELDING OUTDOOR LIGHTING SHALL BE SHIELDED SO THAT THE LUMINOUS ELEMENTS OF THE FIXTURE ARE NOT VISIBLE FROM ANY OTHER PROPERTY. OUTDOOR LIGHTING FIXTURES ARE NOT ALLOWED TO HAVE LIGHT ESCAPE FROM THE HORIZONTAL PLANE RUNNING THROUGH THE LOWEST POINT OF THE LUMINOUS ELEMENTS, 15 C SET OF TOTAL OUTDOOR LIGHT OUTPUT, MAXIMUM LUMENS ALLOWED PER NET AREA FOR NON-RESIDENTIAL PROPERTIES AT A HUNDRED THOUSAND LUMENS PER NET AREA. AND FOR RESIDENTIAL PROPERTY, 25,000 LUMENS NET AREA, AND 15 D PREVENT LIGHT TRESPASS FOCUS LIGHT ON ACTIVITIES AND USE ACTIVITY, APPROPRIATE LIGHTING. AND, UM, I HAVE ADDED FOR ENVIRONMENTAL COMMISSION CONDITIONS BASED ON OUR DISCUSSIONS. ONE REDUCE STRUCTURES EXTENDING INTO LADYBIRD LAKE THAT IS THE PEER BOARDWALK OR OTHERS TO LESS THAN 30 FEET FROM THE ADJACENT SHORELINE TO APPLICANT WORKS WITH CITY STAFF TO RE TO EXPLORE RELOCATING THE PIER IN A MANNER THAT IS NOT IN MORE IMPACTFUL TO TREES OR CAUSE MORE EROSION THREE, REMOVE THE FENCED WATER QUALITY POND IMMEDIATELY ADJACENT TO SOUTH CONGRESS AVENUE, WHICH WE'VE DISCUSSED. AND FOR THE FINAL ONE, THE APPLICANT CONTINUES TO CONSULT WITH BAT CONSERVATION INTERNATIONAL AS THE PROJECT IS BUILT OUT AND THE DEVELOPMENT PHASES, THAT'S IT. IS THERE A SECOND TO THIS MOTION? SECONDED BY COMMISSIONER BREMMER. BRIMER ALRIGHT, SO WE HAVE A MOTION AND WE HAVE A SECOND. YES. COMMISSIONER, ARE WE HAVING A DISCUSSION? YES. UM, THANK YOU FOR THAT. VERY LENGTHY, UM, MOTION. UM, I, UM, I, THERE'S A PART OF IT THAT, UM, THAT I AM NOT COMFORTABLE WITH. UM, I DON'T THINK THAT, UM, I W I WOULD NOT RECOMMEND THAT WE SHORTEN THE PEER. I THINK THE PEER, BECAUSE OF IT, UM, ALLOWING PEOPLE TO VIEW THE BATS, UM, AND GIVING THEM A SPACE FOR THAT. UH, I THINK THAT THE 70 FEET IS FINE. UM, SO I WOULD RECOMMEND THAT WE EITHER TAKE THAT OUT OR AMEND IT, UH, IN SOME WAY. SO THAT'S, THAT'S MY, UH, THAT'S WHERE I GET KINDA HUNG UP ON THAT ONE. SO YES, COMMISSIONER THOMPSON. UM, UM, WE, WE, SOMETHING EARLIER ABOUT, UH, PREEMPTIVELY, UM, TALKING ABOUT SOUND. SO DO WE WANT THEM TO EXPLORE, I MEAN, I KNOW THE CITY HAS REGULATIONS, BUT WE ARE TALKING ABOUT A NATURAL AREA HERE, SO I'M WONDERING, DO WE WANT TO PUT THAT IN THERE? AND THEN ALSO PREEMPTIVELY I'M THINKING ABOUT, UM, ON THE SHORE, BECAUSE WE'RE SO CONCERNED WITH THE SHORELINE, UM, IF THERE IS [03:10:01] A CONCESSION THAT IS, I MEAN, WHERE WOULD IT BE? IT'S JUST SOMETHING THAT I THINK SHOULD BE KIND OF ON THE BURNER OR THE BACK PLATE SOMEWHERE AT THIS POINT IS ALL I CAN SAY, BECAUSE I DON'T WANT ANYTHING DESTROYED LATER ON SO THAT WE CAN HAVE ONE CONCESSION FOR BOATS ARE PADDLE BOARD RENTALS. SO I DON'T KNOW HOW PEOPLE FEEL ABOUT THAT, BUT IT'S JUST A THOUGHT, OH, LIZ, CAN WE LIMIT, CAN WE MAKE A MOTION TO LIMIT CONCESSIONS? IS THAT IN OUR PURVIEW? I, NO IDEA GOING TO DEFER SOME OF THAT TO A SCOTT. I THINK THE STAFF WILL NEED TO STUDY THAT, THAT QUESTION. I CAN'T REALLY PROVIDE AN ANSWER TONIGHT, BUT, UM, ARE, ARE YOU, WOULD YOU BE THINKING ABOUT HOW WOULD YOU BE THINKING ABOUT LIMITING THE CONCESSION? UM, IF YOU'RE ASKING ME, I'M JUST SAYING, UM, THAT WE CONSIDER THAT BECAUSE WE'RE PUTTING SO MUCH ENERGY INTO THE SHORELINE. NOW, IF WE AGREE TO, UM, JUST AGREE THAT IT MIGHT BE THERE AND LIKE, WHAT WOULD THAT LOOK LIKE? BECAUSE I JUST DON'T WANT SOMETHING TAKEN AWAY THAT WE'VE ALREADY KIND OF LABORED OVER. SO WHAT IT MIGHT LOOK LIKE. AND SO I'M ASKING, AND I THINK, I BELIEVE THAT THE, THE, UM, STAFF CONDITION TO LIMIT THE AMOUNT OF IMPERVIOUS COVER AND THE CRITICAL WATER QUALITY ZONE WOULD, UM, HELP WITH THAT. UM, OF COURSE, YOU KNOW, THE CRITICAL WATER QUALITY ZONE IS A HUNDRED FEET FROM THE SHORELINE. IF IT'S LIMITED TO 5%, THEN THAT WOULD, UM, UH, PREVENT OVERDEVELOPMENT OF THAT AREA ON WITH, THERE COULD BE SOME CONCESSIONS, YOU KNOW, IF, IF THEY HAVEN'T SAID THIS, BUT IF THERE WERE A CONCESSION USING PEER, FOR EXAMPLE, UM, THAT THEN THEY WOULD NEED TO FIND A LOCATION FOR STORAGE THAT WOULD BE OUTSIDE OF THE CRITICAL WATER QUALITY ZONE. SO, YOU KNOW, THAT, THAT IS ONE WAY TO LIMIT CONCESSIONS WITHOUT REMOVING THE ABILITY OF THE EXISTING PROCESS TO GRANT CONCESSIONS, UH, TO BE, UM, UH, CHANGED. OKAY. JUST THANKS FOR CONSIDERING THAT. YES, GO AHEAD. UH, I HAVE, UH, UH, I LIVE ON A STREET WORRY. UM, UH, MUSIC IS PLAYING NEARLY CONSTANTLY BECAUSE OF A ICE CREAM TRUCK. IT'S NOT REALLY WHAT I WOULD LIKE TO BE HEARING. I'D LIKE TO BE HEARING THE SONGBIRDS IN MY BACKYARD. AND I'M MORE CONCERNED ABOUT, UM, SOUNDS COMING FROM, UM, UH, PLACES WHERE PEOPLE ARE, ARE, UM, HAVING A BEER OR, UM, DANCING OR, UM, I W I JUST WOULD LIKE TO HAVE, UM, I'D LIKE TO SEE SOMETHING THAT, THAT, UM, UM, GIVE SOME PARK, LIKE SERENITY TO THE PARK SO THAT WE DON'T HAVE, UM, A WHOLE KIND OF LIKE ATLANTIC CITY, BOARDWALK TYPE STUFF GOING ON. UM, THAT'S CREATING A LOT OF NOISE AND JUST, JUST, UH, I, AND I'M NOT ENVISIONING THAT THAT'S, WHAT'S WHAT YOU FOLKS WERE PLANNING. I'M JUST SAYING, I'M JUST SAYING ONE ICE CREAM TRUCK CAN RUIN YOUR WHOLE LIFE. AND THAT'S TRUE, BUT THIS IS A BIGGER DEAL STAFF, THE EIGHTH OF FELLOWS, WATERSHED PROTECTION. I UNDERSTAND IT. I GET IT. I HAVE A NEIGHBOR THAT DOES THE SAME TO ME. UNFORTUNATELY, SOUND IS NOT WITHIN OUR PURVIEW. I THOUGHT IT WAS, IT'S NOT. AND ZONING AND PARKS AND ENVIRONMENTAL. NO, IT'S NOT IN OUR PURVIEW. IT'S MORE OF A CODE, LIKE A, A CODE INFRACTION INFRACTION DEPARTMENT, BUT, UH, WE WOULDN'T EVEN KNOW WHAT TO TELL YOU TO PUT IN THE ORDINANCE TO MAKE IT QUIETER. LIKE, IT'S, WE, WE DON'T KNOW ANYTHING ABOUT SOUND. AND SO I JUST, UH, WE PROBABLY JUST NEED TO MOVE ON. ALL RIGHT. UM, GOING BACK TO THE LENGTH OF THE DOCK, UM, MY PROBLEM WITH THAT, HAVING SERVED ON THE PARKS BOARD FOR 10 YEARS OR MORE [03:15:01] IS THAT YOU'RE ENVISIONING, ENVISIONING IT FOR BAT VIEWING, BUT WHEN THERE ARE THE POTENTIAL TO HAVE SOME MORE OF THOSE BIG, UH, BOATS THEY'RE CALLED LIKE THE LUNG STAR BOAT, I'M AFRAID THAT THAT DOCK IS GOING TO TURN OUT TO ACCESS ALL THE PEOPLE THAT ARE LIVING ON THE SHORELINE, NOT SO MUCH THE PUBLIC AND THAT THAT COULD BE CREATED TO BRING NOT ONE, BUT TWO MAJOR COMMERCIAL BOAT VENTURES. I DON'T KNOW WHAT THEY'RE CALLED, BUT YOU KNOW WHAT, THOSE BOATS THAT FLOAT UP AND DOWN, IT HAS THE POTENTIAL TO TAKE MORE OF THE PUBLIC AWAY AND BRING IN MORE COMMERCIALIZATION. AND THAT IS MY FEAR. AND THE REASON WHY I'M ADVOCATING TO SHORTEN IT NOW, WHETHER IT'S, THERE'S JUST A CON IT'S JUST A CAUTION, BECAUSE I ALSO DON'T WANT TO SEE THE BATS BEING DISTURBED EVEN MORE AS THE POTENTIALLY THAT 70 FEET GIVES THAT EXTRA LINK TO DOCK IN AND FOR THE BOATS TO HAVE THAT THOSE LARGE COMMERCIAL BOATS TO COME IN, IT MAY HAPPEN. IT MAY NOT, BUT I'D RATHER BE ON THE SAFER SIDE. UH, YOU KNOW, I COULD GO FIVE MORE FEET, BUT I'M FEARFUL THAT IT'S NOT GOING TO BE SOMETHING FOR THE PUBLIC. IT'S GOING TO TURN INTO AN ENHANCEMENT FOR THE PEOPLE LIVING IN THE NICE HIGH RISES AND GIVING THEM SERVICE AND ENHANCEMENTS. AND WILL IT REALLY GIVE SOMETHING TO THE, TO THE PUBLIC? AND THAT, THAT, THAT'S MY CONCERN ABOUT THAT LINK. ALTHOUGH COUNCIL COULD CHOOSE TO DO WHATEVER THEY, THEY WANT TO DO IN THE END, OR IT COULD BE EXTENDED IN THE END ONCE IT GETS GOING. BUT IF, YOU KNOW, IT SEEMS LIKE YOU CAN ALWAYS LINK THEM IT, BUT YOU CAN'T SHORTEN IT. THAT'S MY CONCERN. AND, UM, ANYWAY, ANYONE ELSE HAVE SOMETHING THEY WANT TO SAY UM, LIZ, IF YOU DON'T MIND. SO THE PROCESS IS WE HAVE EMOTION. IT'S THE BODIES, IT'S THE BODIES, UM, THE WHOLE COMMISSIONS MOTION AT THIS TIME, IS THAT CORRECT? AND IF WE WANT TO DO, UH, AMENDED OR CHANGE IT, THAT WOULD HAVE TO BE UNANIMOUS IF YOU WOULDN'T MIND JUST WALKING THROUGH THAT FOR US. AND IF KAYLA, IF I MISS SPEAKS, UH, TELL ME, UM, SO YOU HAVE A MOTION ON THE TABLE. IF THERE'S A FRIENDLY AMENDMENT, YOU WOULD VOTE ON THAT. AND I DON'T KNOW THAT IT NEEDS TO BE UNANIMOUS, BUT IT WOULD NEED TO PASS BY A MAJORITY. AND THEN THAT WOULD BE INCORPORATED INTO THE MOTION. THANK YOU. LINDA IT'S PAM. HELLO? OKAY. UM, I KNOW THAT, UM, STAFF HAS INSTRUCTED US TO JUST GO AHEAD THAT THEY HAVE NO PURVIEW HERE, BUT I AM ASKING AS A WISHLIST IF WE COULD HAVE THEM, UH, MAYBE JUST FOR THIS AREA, BECAUSE I KNOW THAT DIFFERENT AREAS IN TOWN HAVE DIFFERENT STANDARDS FOR SOUND AT DIFFERENT TIMES. IF THAT COULD BE ON OUR WISHLIST. NOW I KNOW THAT IT MAY BE DISREGARDED, BUT I WOULD JUST LIKE TO PUT IT FORWARD AS SOMETHING THAT THEY MIGHT, UM, ATTAIN THAT THEY MIGHT DISCUSS IN ANY NEGOTIATION. STAFF WILL BRING THAT UP. AND IT'S NOT PART OF OUR MOTION. YOU JUST WANT STAFF TO BRING THAT FORWARD DURING THEIR DISCUSSIONS AS IT MOVES FORWARD. IS THAT WHAT YOU'RE SAYING? COMMISSIONER THOMPSON WISHLIST IS. I MEAN, WE, I KNOW I WOULD LIKE FOR IT TO BE ON OUR LIST OF THINGS THAT THEY COULD NEGOTIATE, THE 15 ITEMS THAT WE HAVE, I WOULD JUST LIKE FOR THEM TO CONSIDER, SHE JUST SAID IT'S NOT IN OUR PURVIEW. UM, WELL, I THINK IT IS, UH, WE WERE GIVEN A LIST, UM, WHEN WE, WE, WE HAD A REVIEW, UM, AND NOISE IS AN ENVIRONMENTAL CONCERN. UM, YEAH. LOOKING AT THE, UM, ENVIRONMENTAL COMMISSION, THE, WHAT IS DESCRIBED AND THE LAND DEVELOPMENT CODE NOISE ABATEMENT IS ONE OF THOSE LINE ITEMS. IT DOES NOT COME UP THAT OFTEN. AND I DON'T [03:20:01] THINK WE WOULD BE ABLE TO PROVIDE ANY CRITERIA TO DRAFT A RECOMMENDATION, BUT WE COULD LOOK INTO THAT. IT IS AN R IT HAS BEEN LISTED, UH, WHEN WE REVIEWED, UH, THE, UH, PURVIEW OF THE ENVIRONMENTAL COMMISSION. AND I TOOK A SPECIAL NOTE OF IT BECAUSE I HAVE SO MANY NOISE CONCERNS MYSELF, THAT I'M, I'M VERY AWARE OF IT. SO I KNOW IT'S ON, I KNOW IT'S PART OF OUR PURVIEW. SO ALL I'M SAYING IS THAT YOU COULD ADD IT TO THIS, AND IT COULD PERHAPS BEING NEGOTIATED BY. I'M NOT SAYING THAT THERE ARE RULES AND REGULATIONS AT THIS POINT, BUT I WOULD JUST LIKE FOR IT TO BE LISTED AS A CONCERN AND SOMETHING THAT COULD BE, UM, THAT SHOULD BE ADDRESSED WELL, WELL, WELL, WE'LL HAVE TO VOTE THIS UP AS A FIRM. YOU'RE MAKING A FAMILY AMENDMENT. SOMEONE NEEDS TO SECOND IT, WE'VE GOT IT SECONDED BY COMMISSIONER SCOTT, ALL IN FAVOR OF ADDING NOISE, ABATEMENT CONDITION. LET'S JUST CALL IT THAT FOR RIGHT NOW, AS A, AS A CONDITION COMMISSIONER THOMPSON, ARE YOU ASKING TO ADD NOISE ABATEMENT AS A CONDITION OF THE PUD OR AN ELEMENT THAT STAFF DISCUSSES WITH THE APPLICANT? UM, I WOULD LIKE TO ADD IT TO OUR LIST OF THINGS THAT THEY MIGHT BE ABLE TO CONFORM TO. AND I KNOW IT WILL TAKE A LOT OF WORK NOT BY, UM, AND I, I DON'T KNOW. I JUST WANT IT TO GO FORWARD AND I DON'T WANT IT TO BE FORGOTTEN. AND I THINK MAYBE WE SHOULD PUT IT ON OUR LIST OF 15 THINGS. I WOULD LIKE IT TO CARE, BUT IF OTHERS SAY NO, THEN I WILL UNDERSTAND. WE'LL JUST LEAVE IT WITH STAFF. OKAY. SO THEN LET ME GET, LET ME CLARIFY SOMETHING. YOU, WE HAVE FOUR CONDITIONS FROM THE ENVIRONMENTAL COMMISSION. YOU WANT THAT TO BE ONE OF OUR CONDITIONS, NOT STAFF'S CONDITIONS, BUT ONE OF OUR ENVIRONMENTAL COMMISSION CONDITIONS. CORRECT. SO YOU, WE HAVE, UH, WE HAVE A MOTION OR YOU HAVE A SECOND. NOW WE NEED TO VOTE ALL IN FAVOR OF ADDING THIS TO ONE OF OUR CONDITIONS TO AMEND THE MOTION. RAISE YOUR HAND. OKAY. 1, 2, 3, 4 MOTION FAILS. OKAY. SO THAT'S STUCK. DID YOU WANT TO MAKE A FOE FRIENDLY AMENDMENT ON YOURS? COMMISSIONER BRISTOL? YES. I WOULD LIKE TO MAKE A FRIENDLY AMENDMENT ON THAT. DO YOU HAVE, DO YOU THINK YOU HAVE THE LANGUAGE OKAY. ON THAT? OR DO YOU WANT ME TO SAY IT AGAIN AND READ THE STAFF CONDITION THAT YOU WANT TO AMEND? IS THAT WHAT YOU'RE ASKING? IT WAS OUR RECOMMENDATION. IT WASN'T PART OF STAFF'S RECOMMENDATION, BUT THAT WAS PART OF OUR YEAH. UM, THAT WE, UH, RE WHERE YOU REALLY HAD THERE IN THAT ALL MINUTES. SO THERE'S A REDUCED THE STRUCTURES EXTENDING THE LADYBIRD LIKE THAT IS THE PEER, BOARDWALK AND OTHERS TO LESS THAN 30 FEET FROM THE ADJACENT SHORELINE IS OUR CONDITION I'D LIKE TO AMEND, NOT TO, UM, EXTEND TO, BUT NOT BEYOND 70 FEET REDUCE THIS. SO JUST ALLOW FOR STRUCTURES EXTENDING UNTIL 80 VERB LIKE THAT, HIS PEERS, BOARDWALKS AND OTHERS UP TO 70 FEET. CORRECT. CAN WE NEED A SECOND LOOKS LIKE BIG, BIG SPOILER TO AARON BARRETT. OH, BARRETT SECONDS. IT, OKAY. WE HAVE A SECOND ALL IN FAVOR. SAY AYE. WE CAN DISCUSS, I, UM, I HAVE, UH, A DIFFERENT CONCERN THAN, UH, THAN LINDA'S, WHICH IS THAT IF PEOPLE ARE, IF YOU, IF YOU, IF YOU ARE SEEING THIS AS A PLACE WHERE PEOPLE COULD VIEW BATS, UM, I SEE THAT AS A REAL, UM, NIGHTMARE, BECAUSE YOU'LL HAVE BOAT, TRAFFIC AND BOATS DOCKING, AND YOU HAVE PEOPLE COMING, HAVE PEOPLE FALLING OFF THE DOCK, YOU HAVE TO BUILD A MUCH STRONGER, SAFER DOCK. UM, HELLO, KIDS OUT THERE. AND, UH, I JUST DON'T THINK THAT'S, UH, IT'S REALLY, I'D LOVE TO DO IT PERSONALLY. I LOVE TO HAVE IT OUT THERE, SO I COULD BE THE ONE OUT THERE WATCHING THEM, BUT I CAN'T SEE A THOUSAND PEOPLE JOCKEYING FOR POSITION OUT THERE. AND THE DARK WOULD HAVE TO BE BUILT AT A MUCH GRANDER SCALE IN ORDER [03:25:01] TO BE SAFE. AND, UM, AND IT WOULD BE A PUBLIC LIABILITY BECAUSE IT WOULD BE DEEDED TO THE S TO THE CITY. SO, UM, THOSE ARE REASONS WHY I, I, I JUST DON'T SEE IT AS A GOOD IDEA. UM, IN THE BEST OF ALL POSSIBLE WORLDS, I'D LIKE TO SEE SOME KIND OF STAIR-STEP THING ALONG THAT PEOPLE COULD SIT ON, SO THEY COULD VIEW THE BATS, UH, GOING BY, BUT, UM, OTHER PEOPLE ARE NOT IN AGREEMENT ON THAT. BUT, UH, SO I, I UNDERSTAND AND AGREE WITH YOUR POINT IN A PRINCIPLE, BUT I JUST DON'T SEE IT WORKING. SO I, I JUST WOULDN'T, UH, I SEE TOO MANY PROBLEMS WITH ANY OTHER FURTHER DISCUSSION ON IT. ALRIGHT. ALL IN FAVOR. RAISE YOUR HAND. ALL RIGHT. MO TWO MOTION FAILS. OKAY. SO WE'RE BACK TO OUR ORIGINAL CONDITIONS. WE HAVE A SECOND ON IT. AND SO, UH, ARE WE READY TO CAST THE VOTES NOW? OKAY. I'M GOING TO DO A ROLL CALL PLEASE. UH, DISTRICT ONE, UH, COMMISSIONER SCOTT BY COMMISSIONER THOMPSON, COMMISSIONER THOMPSON. I ARE NE ABSTAIN. ONE IS WHAT WE AGREED TO WITH OUR CONDITIONS, CORRECT. THAT WE WOULD SAY THAT IT IS SUPERIOR WITH THE CONDITION. SO I WILL AGREE WITH THAT. YEAH. YES, IT IS SUPERIOR WITH THE CONDITIONS. THANK YOU. UM, COMMISSIONER BIXLER? YES. COMMISSIONER BRISTOL. YES. COMMISSIONER LAMBER YES. COMMISSIONER GUERRERO. YES. COMMISSIONER BRIMER YES. COMMISSIONER BEDFORD. YES. MOTION CARRIES NINE. OH, THANK YOU SO MUCH. APPRECIATE ALL OF YOUR INFORMATION AND INPUT TONIGHT. ALL RIGHT. LET'S GET BACK TO [4. COMMITTEE REPORTS] OUR AGENDA. WE HAVE ITEM FOUR COMMITTEE REPORTS. UM, HOPEFULLY, UH, WE AT MY, UM, WE'RE ASKING AT THE THIRD WEEK TO HAVE A REPORT FROM THE SAME SITUATION TO SCHWAB, WE WOULD LIKE TO HAVE INPUT ON THIS PER BED. AND WE WOULD LIKE VERY MUCH TO, UH, DISCUSS IT OPENLY. SO THAT'S ON MY NEXT AGENDA. HAS ANYONE ELSE MET? NO ONE ELSE HAS, WHAT TIME IS IT? NINE. O'CLOCK NO WAY TO SAY NINE O'CLOCK. OKAY. WOW. WE DID TALK A WHILE. COMMISSIONERS. THANK YOU. WE ARE ADJOURNING AT 9 43. HAVE A GOOD EVENING. THANK YOU SO MUCH FOR YOUR TIME. PATHOLOGICAL LEAGUE. DOES THAT EVEN EXIST? WELL, DON'T JUST STAND THERE. LET'S GET TO IT. STRIKE A POSE. THERE'S NOTHING TO IT. TWISTING, TURNING LIKE A RAPID DIRE. MERRY-GO-ROUND ROLLING. TOM LANE RUNNING, EVEN BEAT ON THE GROUND. WHAT IS . * 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.