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[CALL TO ORDER]

[00:00:08]

UM, IT IS SIX OH THREE.

LET'S CALL THIS MEETING TO ORDER THE REGULAR MEETING OF THE ENVIRONMENTAL COMMISSION ON MAY 18TH, 2020 TO 6:00 PM AT THE PERMIAN DEVELOPMENT CENTER AT 63 10 WILAMENA DELCO DRIVE, AUSTIN, TEXAS.

UM, LET'S GO AROUND THE ROUND TABLE HERE AND, UH, GO WITH, UH, ATTENDANCE, COMMISSIONER CHRISTIAN HERE.

COMMISSIONER SCOTT COMMISSIONER SHIRA SECRETARY HERE, COMMISSIONER AGGIE ERIE HERE, COMMISSIONER BRIMER IR AND REMOTELY COMMISSIONER OR VICE CHAIR BEDFORD HERE.

COMMISSIONER THOMPSON.

THANK YOU.

AND COMMISSIONER NICHOLS HERE.

AND THIS IS ROMBERG I'M HERE AND WE'RE ROLLING.

UM, FIRST

[1. APPROVAL OF MINUTES AND ACTION]

ITEM ON THE AGENDA IS TO REVIEW THE MINUTES FROM OUR LAST MEETING.

UH, DOES ANYONE, HAS EVERYONE HAD A CHANCE TO LOOK AT THESE? ANY COMMENTS OR ADDITIONS OR CHANGES? MOTION TO APPROVE THE MINUTES.

ALL RIGHT.

ALL RIGHT.

WE GOT A MOTION FROM BEDFORD A SECOND FROM SCOTT.

ALL THOSE IN FAVOR, SAY AYE.

OR RAISE YOUR HAND IF YOU'RE REMOTE.

ALL RIGHT, WE CAN RAISE HANDS HERE TOO.

GREAT.

I THINK THAT'S NINE OH, OR UNANIMOUS.

UH, KEEP ME HONEST ON THE NUMBERS.

DO YOU HAVE A PLACE? UM, ALRIGHT, THANK YOU.

UM, NEXT UP IS

[2. ENVIRONMENTAL OFFICER UPDATES]

ENVIRONMENTAL OFFICER UPDATE AN UPDATE FOR MRS. COYNE ON THE SAMSUNG WASTEWATER SPILL.

THANK YOU, CHAIR, KATIE COIN, ENVIRONMENTAL OFFICER.

UH, WE, UH, HAD A COMMISSIONER REQUEST, JUST A BRIEF UPDATE, UH, ON THE SAMSUNG DISCHARGE EVENT, UH, AND JUST HAD A FEW BULLET POINTS TO OFFER.

UH, SAMSUNG HAS UPDATED THEIR SPILL REPORTING PROCEDURE TO INCLUDE THE CITY OF AUSTIN WATERSHED PROTECTION DEPARTMENT FOR REQUIRED NOTIFICATION IN THE EVENT THAT TCEQ OR THE EPA, UH, NEED TO BE NOTIFIED AS WELL AS WHETHER ITS SPILL CAUSES ANY OFFSITE IMPACTS.

UM, SAMSUNG CONTINUES TO WORK WITH OUR DEPARTMENT ON THE STATUS OF THE ONSITE RETENTION POND.

THE POND DREDGING WORK IS ONGOING THROUGH REMOVE SEDIMENT THAT HAD BEEN CONTAMINATED.

UH, S ESTIMATED TIME OF COMPLETION IS, UH, JUNE 6TH.

ONCE, ONCE THAT IS COMPLETED, UH, WE WILL COLLABORATE, UH, WITH SAMSUNG, UM, ON BRINGING THAT POND BACK INTO NORMAL OPERATIONS.

THIS WILL CONSIST OF A FINAL WATER QUALITY MEASUREMENT FOLLOWED BY A VOLUME LOSS TEST AND ASSESSMENT OF AQUATIC SPECIES WITHIN THE POND.

UH, THAT INCLUDES THE PLANT AND THE FISH ECOSYSTEM.

UH, SAMSUNG CONTINUES TO WORK WITH TCQ ON INCIDENT INVESTIGATION.

TCEQ IS SCHEDULED TO PERFORM ADDITIONAL WATER QUALITY MONITORING WITHIN THE TRIBUTARY THIS WEEK.

ARCADIS A CONSULTANT AT SAMSUNG BROUGHT ON.

IT HAS COMPLETED AN AQUATIC SURVEY WITH WITHIN MULTIPLE AREAS OF THE TRIBUTARY IN LATE APRIL, UH, THAT ASSESSED THE ECOLOGICAL CONDITIONS WITHIN THE WATER.

THE REPORT NOTED DIVERSE AQUATIC AND BIOLOGICAL LIFE WITHIN THE TRIBUTARY, INCLUDING MULTIPLE SPECIES OF FISH AND INVERTEBRATES PRESENT.

SAMSON'S WORKING WITH HARRIS BRANCH HOA ON ECOSYSTEM ENHANCEMENTS WITHIN THE TRIBUTARY ENHANCEMENT LOCATIONS HAVE BEEN IDENTIFIED AND STAKED.

THESE AREAS WILL BE WALKED AND REVIEWED WITH, UH, REPRESENTATIVES WITHIN WITH HARRIS BRANCH HOA REPRESENTATIVES WITHIN THE NEXT ONE TO TWO WEEKS.

EDUCATIONAL KIOSKS CONTAINING INFORMATION ON LOCAL WATERSHEDS ARE BEING FABRICATED AND WILL BE POSTED AROUND THE OUTSKIRTS OF THE HARRIS BRANCH NEIGHBORHOOD WALKING TRAIL AND WATERSHED PROTECTION CONTINUES TO MONITOR THE IMPACT OF TRIBUTARY ONCE PER WEEK AND PLANS TO DO SO UNTIL THE STORM WATER POND IS RETURNED BACK TO NORMAL SERVICE MONITORING HAS FOUND NO INDICATIONS OF FURTHER POLLUTANT DISCHARGES, AND THAT IS CONSISTENT WITH, WITH THE RK TO SURVEY.

UH, AND WE DO SEE SIGNS OF AQUATIC LIFE RETURNING.

THAT'S ALL.

THANK YOU VERY MUCH.

UH, COMMISSIONERS, ANY QUESTIONS FOR KATIE PRIMARIA? YEAH.

KATIE, THANKS FOR THE UPDATE.

I HAVE QUESTIONED ABOUT THE WATER QUALITY POND.

IS THERE SOME SORT OF A LINER IN THAT SORT OF THING THAT PREVENTS, UH, STUFF FROM BEING ABSORBED INTO THE GROUND OR ANYTHING LIKE THAT? UH, SO PART OF THE WORK THAT, UM, HAS OCCURRED WAS SOME DREDGING OF THE SEDIMENT, UH, AT THE, THE BASE OF THAT POND, UH, AS IT WAS CONTAMINATED AS PART OF THAT DISCHARGE EVENT THAT HAS BEEN SOMETHING, UH, HAS BEEN NEEDED TO BE MITIGATED FOR AS A PART OF THEIR REMEDIATION.

AND THAT IS SOMETHING THAT WE'LL BE TESTING FOR PERFORMANCE BEFORE THAT POND IS PUT BACK INTO SERVICE.

[00:05:01]

SO THERE IS NO WIENER OR ANYTHING LIKE THAT.

AND THE BOTTOM OF THE POND THAT WOULD PREVENT IT FROM ANY CONTAMINANTS FROM SOAKING INTO THE PAST, THE BOTTOM OF THE POND OR SOMETHING LIKE THAT.

IT GETS TO MY QUESTION, NOT TO MY KNOWLEDGE, I WOULD NEED TO CONFIRM WITH MY TECHNICAL FOLKS.

OKAY.

YEAH.

OKAY.

THANK YOU.

ANYBODY ELSE GOT QUESTIONS FOR KATIE? ALRIGHT, THANK YOU VERY MUCH, KATIE, FOR THE, FOR THE UPDATE.

ALL RIGHT.

MOVING ON TO

[3a. Discuss and consider an ordinance amending Title 25 of the City Code related to floodplain regulations. City Staff: Kevin Shunk and Jameson Courtney, Watershed Engineering Division Manager, Watershed Protection Department]

THREE, A ITEMS FOR CONSIDERATION OF POSSIBLE ACTION.

WELL TO DISCUSS AND CONSIDER AN ORDINANCE AMENDING TITLE 25 OF THE CITY CODE RELATED TO FLOODPLAIN REGULATIONS.

AND I THINK WE'RE GOING TO HAVE A STAFF PRESENTATION.

IS THAT RIGHT? THANK YOU.

GOOD EVENING, COMMISSIONERS.

MY NAME IS JAMISON COURTNEY I'M WITH THE CITY OF AUSTIN WATERSHED PROTECTION DEPARTMENTS, FLOODPLAIN MANAGEMENT OFFICE.

AND WE ARE HERE TONIGHT TO BRIEF YOU ON THE PROPOSED ATLAS 14 COMMERCIAL REDEVELOPMENT EXCEPTION, AND, UH, ASK FOR A RECOMMENDATION FROM Y'ALL TO CITY COUNCIL REGARDING THIS PROPOSED EXCEPTION IN THE FLOODPLAIN RULES.

UM, GO AHEAD AND GO TO THE NEXT SLIDE.

NOW, I THOUGHT I'D START WITH A, UH, SUMMARY OF ATLAS 14 AND WHAT FLOODPLAIN RULES WERE PREVIOUSLY CHANGED IN 2019.

UH, IT'S BEEN AWHILE AND SOME OF Y'ALL MAY NOT HAVE BEEN ON THE COMMISSION BACK THEN.

UM, AND THEN AFTER WE DO THAT, I'LL DISCUSS WHAT THE PROPOSED, UH, CURRENT CHANGE TO THE RULES IS.

UH, NEXT SLIDE PLEASE.

ALL RIGHT.

SO ATLAS 14 WAS A REPORT FROM THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ON RAINFALL STATISTICS FOR TEXAS.

AND THAT REPORT SHOWED THAT SIGNIFICANT RAINFALL EVENTS WERE HAPPENING, UM, MORE FREQUENTLY OR HAD BEEN LARGER THAN HAD BEEN PREVIOUSLY ASSUMED.

AND THAT, THAT CHANGE, AND THAT ASSUMPTION LED US TO REALIZE ALL OF OUR FLOODPLAIN MAPS WERE UNDERREPRESENTING THE FLOOD RISK IN AUSTIN.

AND SO AS A RESULT, UM, WE BEGAN A PROCESS TO UPDATE OUR FLOODPLAIN MANAGEMENT, UH, RULES TO ADDRESS THIS CHANGE, UH, THAT WAS APPROVED BY CITY COUNCIL IN 2019.

AND WE KEEP ADVANCING THE SLIDE PLEASE.

AND THAT ENDED UP BEING THE MOST SIGNIFICANT CHANGE IN 36 YEARS TO OUR FLOOD PLAIN MANAGEMENT REGULATIONS, UH, WE UPDATED DEFINITIONS FOR FLOODPLAINS.

WE ALSO MADE SOME CHANGES TO THE DEVELOPMENT RULES TO ADDRESS HOW DEVELOPMENT IN THIS CITY, UH, WAS OCCURRING DIFFERENTLY THAN HAD PREVIOUSLY BEEN WHEN THE RULES WERE WRITTEN IN THE 1980S.

UM, SO WE UPDATED FOUR BASIC ELEMENTS OF THE RULES, THE FLOOD PLAIN DEFINITIONS TO MAKE THE FLOODPLAINS LARGER.

THE, WE CREATED A RESIDENTIAL REDEVELOPMENT EXCEPTION THAT REPLACED SOME OF THE OLDER EXCEPTIONS REGARDING CONSTRUCTION OF RESIDENTIAL BUILDINGS IN THE FLOODPLAIN.

WE EXPANDED AN EXISTING EXCEPTION FOR THE COLORADO RIVER, AND WE INCREASED OUR FREE BOARD FROM ONE FOOT TO TWO FOOT AND WE'LL GET INTO WHAT ALL THOSE ARE IN THE NEXT SLIDES.

ALL RIGHT.

SO FOR THE DEFINITIONS, THE FIRST CHANGE, UH, THE ATLAS 14 RAINFALL NUMBERS FOR TEXAS, AND THAT SHIFT REALLY COINCIDED PRETTY WELL WITH OUR OLD ASSUMPTIONS ABOUT WHAT THE 500 YEAR RAINFALL EVENT WAS COMPARED TO OUR ASSUMPTION ABOUT THE A HUNDRED.

SO WE HAVE ADOPTED THE CURRENT THEME OF 500 YEAR FLOOD.

PLAIN IS NOW THE CITY OF AUSTIN'S REGULATORY 100 YEAR FLOOD PLAIN, AND THE OLD CITY OF AUSTIN 100 YEAR FLOODPLAIN IS NOW OUR REGULATORY 25 YEAR FLOOD, PLAIN.

THESE ARE INTERIM DEFINITIONS THAT WILL BE, UM, THAT WILL BE PHASED OUT.

AS WE COMPLETE NEW FLOODPLAIN STUDIES IN THE FEMA MAPS GET UP TO DATE WITH WHAT THE CHANGES WE'VE MADE ARE, UH, DOSE STUDIES ARE IN PROCESS.

THEY'RE STILL PROBABLY SEVERAL YEARS OUT FROM BEING COMPLETED AND THAT THEY'RE GOING TO CARRY WITH THEM, THE UPDATES TO THE FEMA MAPS AND A WHOLE HOST OF OTHER OUTREACH PROJECTS WHEN THOSE STUDIES ARE AVAILABLE.

UM, SO W ALONG WITH CHANGING THE FLOODPLAIN DEFINITIONS, WE WENT AHEAD AND TOOK A LOOK AT THE FLOODPLAIN RULES THEMSELVES FOR DEVELOPMENT, AND WANTED TO LOOK AT HOW DEVELOPMENT WAS OCCURRING IN THE CITY TODAY AND WHAT NEEDED TO BE UPDATED.

AND SO WE CREATED WHAT WAS CALLED THE RESIDENTIAL REDEVELOPMENT EXCEPTION.

UH, CITY CODE NORMALLY STARTS WITH PROHIBITING BUILDINGS IN THE FLOODPLAIN, AND THEN WE MAKE EXCEPTIONS TO THAT.

AND SO THE RESIDENTIAL REDEVELOPMENT EXCEPTION ALLOWS A NEW RESIDENTIAL BUILDING IN THE FLOOD, PLAIN, IF YEAH, IT ALLOWS A NEW RESIDENTIAL BUILDING IN THE FLOODPLAIN, IF IT'S REPLACING OR MODIFYING AN EXISTING RESIDENTIAL BUILDING, UM, IT NEEDS TO BE THERE'S BULLET POINTS FOR THE OTHER ONES TOO, BUT IT NEEDS TO BE AT LEAST TWO FEET ABOVE THE A HUNDRED YEAR FLOOD, PLAIN.

YOU NEED TO DEMONSTRATE THAT

[00:10:01]

YOU'RE NOT MAKING FLOODING WORSE ON ANY OTHER PROPERTY.

YOU NEED TO DEMONSTRATE THAT YOU'RE NOT DISPLACING ANY FLOODPLAIN VOLUME FROM THE SITE, UH, AND IT NEEDS TO BE STRUCTURALLY DESIGNED TO THAT FLOOD RISK.

AND THEN THE MAIN THING IS YOU'RE NOT ALLOWED TO INCREASE THE NUMBER OF DWELLING UNITS ON THE PROPERTY.

SO IF YOU HAVE A SINGLE FAMILY HOME, YOU COULD REPLACE IT WITH A NEW SINGLE FAMILY HOME.

IF YOU HAD A DUPLEX, YOU COULD REPLACE IT WITH A NEW DUPLEX OR A SINGLE FAMILY HOME, OR A SINGLE FAMILY HOME IN AN ADU.

THE MAIN THING IS WE DON'T WANT THERE TO BE MORE DWELLINGS IN THE FLOOD PLAN THAN WE CURRENTLY HAVE.

WE JUST WANTED AN OPTION FOR THE EXISTING HOMES IN THE FLOOD, PLAIN, TO BE REPLACED WITH SOMETHING THAT WAS SAFER AND BETTER, BETTER DESIGNED TO OUR UNDERSTANDING OF FLOOD RISK TODAY.

MOVING ON ONTO THE NEXT SLIDE, PLEASE.

OKAY.

ALRIGHT.

SO THE PURPOSE WAS TO INCENTIVIZE REDEVELOPMENT TO REDUCE FLOOD RISK, UH, WATERSHED PROTECTION.

WE DO LOTS OF PROJECTS TO TRY AND MITIGATE FLOOD RISK TO THE PUBLIC.

THERE'S A LIMIT TO HOW MUCH WE CAN DO.

WE HAVE A LOT OF OLDER HOMES IN THE FLOODPLAIN.

SO THIS WAS A WAY OF ALLOWING REDEVELOPMENT TO NATURALLY REDUCE THAT FLOOD RISK BY FOLLOWING THESE RULES.

AND IT COVERED A BULK OF THE BUILDINGS IN THE FLOODPLAIN.

UH, WE ALSO, WITH THE ATLAS 14 ORDINANCE INCLUDED SOME OPTIONS FOR MINOR IMPROVEMENTS TO RESIDENTIAL BUILDINGS.

UH, THIS WAS WORKING WITH CITY COUNCIL AT THEIR DIRECTION.

IT ALLOWS FOR ADDITIONS TO RESIDENTIAL BUILDINGS.

IF THAT ADDITION IS PROPERLY ELEVATED, IF IT'S NOT A SUBSTANTIAL IMPROVEMENT, UH, IF IT DOESN'T CAUSE AN ADVERSE FLOODING IMPACT, AND IF THOSE ARE MET, THEN YOU'RE ALLOWED TO CONSTRUCT THE ADDITION TO THE HOME.

WE ALSO EXPANDED THE COLORADO RIVER EXCEPTION.

THIS IS AN EXCEPTION THAT ALLOWS NEW BUILDINGS TO BE CONSTRUCTED IN THE FLOODPLAIN OF THE COLORADO RIVER ITSELF.

UH, MEANING TOM LAKE DATA STREAM AND TOWN LAKE LIKE AUSTIN AND LAKE TRAVIS.

WE TREAT THESE A LITTLE BIT DIFFERENTLY.

THE FLOOD RISK IS DIFFERENT.

WE HAVE, UH, LCRA DAM CONTROLS.

WE ALSO HAVE JUST LARGER WARNING TIMES AND WE'VE SEEN IN PAST FLOOD EVENTS, PEOPLE ARE SUCCESSFULLY ABLE TO EVACUATE THEIR HOMES WELL IN ADVANCE OF THE FLOODING.

SO WE TREAT THEM A LITTLE BIT DIFFERENTLY THAN WE TREAT THE CREEKS THAT ARE PRONE TO FLASH FLOODING.

UM, SO WE JUST EXPANDED THAT TO INCLUDE PORTIONS OF THE COLORADO RIVER THAT HAD PREVIOUSLY NOT BEEN INCLUDED IN THAT EXCEPTION.

AND THEN THE OTHER SIGNIFICANT CHANGE WE MADE TO OUR FLOOD PLAN RULES WAS INCREASING FREEBOARD.

FREEBOARD IS THE DIFFERENCE IN ELEVATION BETWEEN THE LOWEST FLOOR OF THE HOME AND THE HEIGHT OF THE FLOODPLAIN.

IT HAD BEEN, UM, ONE TO TWO FEET.

IT WOULD VARY IN DIFFERENT PARTS OF TOWN.

WE, WE WANTED TO GET SOME UNIFORMITY AND WE ALSO WANTED TO INCREASE THAT FACTOR OF SAFETY FOR NEW BUILDINGS.

AND SO WE INCREASED OUR FREEBOARD TO TWO FEET CITYWIDE.

IT, UH, FREEBOARD HAS BEEN SHOWN TO SIGNIFICANTLY REDUCE, UH, MONETARY LOSSES AND, UH, YOU KNOW, IMPROVE THE SAFETY OF RESIDENTS IN THOSE BUILDINGS.

SO THAT WAS, THOSE WERE THE CHANGES THAT WERE ADOPTED IN 2019.

WE CONTACTED IN 2,700 PEOPLE.

WE HAD 110 DIFFERENT PUBLIC MEETINGS ABOUT THIS WITH STAKEHOLDERS, CITY COUNCIL APPROVED IT.

AND AS PART OF THE CITY COUNCIL APPROVAL PROCESS, UH, STAFF WAS ASKED IF WE COULD COME BACK IN THE FUTURE WITH A DRAFT WHERE A COMMERCIAL REDEVELOPMENT EXCEPTION, SIMILAR TO WE HAD WHAT WE HAD DONE FOR RESIDENTIAL.

AND SO THAT'S WHERE WE'RE AT TODAY.

WE HAVE A DRAFT LANGUAGE, WE'VE WORKED WITH STAKEHOLDERS ON THAT AND OTHER, UM, INTERNAL LAND .

AND SO THAT'S WHAT, UH, I'M GOING TO TALK ABOUT NOW IS WHAT WE'RE RECOMMENDING, WHAT ACTION WE'RE RECOMMENDING COUNCIL TYPE NOW.

AND SO THAT IS A COMMERCIAL REDEVELOPMENT EXCEPTION.

AND SO THE GOAL IS TO CREATE AN ADMINISTRATIVE APPROVAL PROCESS FOR COMMERCIAL REDEVELOPMENT TO ALLOW EXISTING COMMERCIAL BUILDINGS, TO BE REPLACED WITH ONES THAT HAVE DECREASED FLOOD RISK.

UH, AND WE HAD A LOT OF CONSIDERATIONS THAT WE TOOK INTO ACCOUNT ON THIS BUILDING USE SQUARE FOOTAGE, OCCUPANT LOAD PARKING, FLOOD RISK BUILDING HEIGHT WAS SOMETHING THAT WAS BROUGHT UP BY THE CODES AND ORDINANCES JOINT COMMITTEE TO SEE IF THERE WERE CONFLICTS WITH BUILDING HEIGHT AND A NEW BUILDING MEETING FREE BOARD.

AND SO WE WORKED REALLY CLOSELY WITH THE FIRE MARSHALL'S OFFICE AND THE BUILDING OFFICIAL AND DSD STAFF TO COME UP WITH A SET OF CRITERIA THAT WE THOUGHT WOULD, UH, MEET OUR GOAL OF HAVING THESE BUILDINGS BE REPLACED WITH SOMETHING SAFER.

AND SO WE'VE, UH, LET'S SEE, WE LANDED ON SOME OF THOSE CONSIDERATIONS STAYING IN.

SO OUR PROPOSED COMMERCIAL REDEVELOPMENT EXCEPTION ALLOWS FOR A NEW COMMERCIAL BUILDING THAT REPLACES OR MODIFIES AN EXISTING COMMERCIAL BUILDING THE FINISHED FLOOR, BUT NEED TO BE AT LEAST TWO FEET ABOVE THE A HUNDRED YEAR FLOOD, PLAIN IN LINE WITH ALL OF OUR OTHER DEVELOPMENT RULES IN THE FLOOD, PLAIN IT'S, YOU'RE NOT ALLOWED TO INCREASE THE SQUARE FOOTAGE OF THE BUILDING ON THE PROPERTY.

THIS WAS, WE DISCUSSED OCCUPANT LOAD, BUT THE FIRE MARSHAL HAS ANOTHER POTENTIAL CRITERIA.

UH, WORKING WITH DST STAFF, IT WAS DETERMINED

[00:15:01]

THAT THIS WOULD BE THE EASIEST, UM, FOR THE APPLICANTS TO UNDERSTAND, AND FOR STAFF TO REVIEW AND ENFORCE AS PART OF THE DEVELOPMENT PROCESS.

AND IT, UH, WE ALSO PROHIBITED CERTAIN BUILDING USES FROM THE FLOODPLAIN AND THOSE ARE EDUCATIONAL FACTORY HIGH HAZARD AND INSTITUTIONAL.

AND THAT WAS THROUGH DISCUSSION WITH THE FIRE MARSHAL AND THE BUILDING OFFICIAL FOR WHAT USES WE THOUGHT WE DIDN'T WANT IN THE FLOOD, PLAIN, EVEN IF THE BUILDING MET ALL OF THE OTHER SAFETY CRITERIA AND THEN, UH, FIVE, IT DOES NOT INCREASE THE NUMBER OF PARKING SPACES IN THE FLOODPLAIN OR INCREASE THE DEPTH OF FLOODING IN THE PARKING SPACES.

THERE ARE ONLY EXCEPTION TO THAT WOULD BE IF THE EXISTING BUILDING DID NOT MEET CURRENT PARKING REQUIREMENTS, IF YOU HAD AN OLDER COMMERCIAL BUILDING THAT DIDN'T HAVE ENOUGH PARKING AND THEY WERE MEETING ALL THE OTHER CRITERIA, BUT NEEDED TO ADD PARKING, JUST TO MEET THE MINIMUM PARKING REQUIRED BY CODE, WE WOULD ALLOW THEM TO ADD ONLY THOSE SPACES.

AND THEN AGAIN, YOU MUST DEMONSTRATE THROUGH ENGINEERING THAT YOU'RE NOT CAUSING AN ADVERSE IMPACT.

THAT'S INCREASING FLOOD HEIGHTS ON OTHER PROPERTIES.

SO IF ALL THOSE CRITERIA ARE MET, STAFF WOULD BE ABLE TO ADMINISTRATIVELY APPROVED THE NEW BUILDING IN THE FLOOD PLAIN, AND ALSO POINT OUT THAT THIS DOES NOT WAIVE ANY OF THE CITY'S ENVIRONMENTAL RULES.

SO IF ANY, UM, ALL OF THE ENVIRONMENTAL RULES REGARDING CRITICAL WATER QUALITY ZONES, AND ANYTHING ELSE WOULD STILL NEED TO BE MET OR GO THROUGH THE PROCESS THAT AN APPLICANT WOULD FOLLOW TODAY TO ADDRESS THAT.

SO I HAVE SOME EXAMPLES OF HOW THIS MIGHT LOOK.

HERE'S A EXAMPLE OF AN EXISTING DEVELOPMENT.

WE HAVE 14 PARKING SPACES IN THE FLOODPLAIN, 14 PARKING SPACES OUTSIDE OF THE FLOODPLAIN AND A 5,000 SQUARE FOOT COMMERCIAL BUILDING IN THE FLOODPLAIN.

IF YOU WANTED TO, YOU COULD JUST DEMOLISH THAT BUILDING CONSTRUCT A NEW, ONE OF THE SAME SIZE, SAME FOOTPRINT, JUST PROPERLY ELEVATED AND PROPERLY DESIGNED, MAYBE RESURFACE THE PARKING, BUT YOU DON'T CHANGE THE CONFIGURATION.

THIS WOULD BE A VERY SIMPLE SCENARIO FOR STAFF TO APPROVE.

AND IT WOULD PROBABLY BE A SIMPLE SCENARIO FOR THE APPLICANT TO DEMONSTRATE STUFF LIKE NO ADVERSE IMPACT, BECAUSE YOU'RE NOT REALLY CHANGING FLOW ON SITE.

THIS WOULD BE ANOTHER EXAMPLE OF SOMETHING THAT COULD MEET THE EXCEPTION.

IT'S STILL A 5,000 SQUARE FOOT BUILDING.

IT'S IN A DIFFERENT LOCATION ON THE PROPERTY.

IT HAS A DIFFERENT FOOTPRINT, UH, UH, BUT THEY'VE DEMONSTRATED NO ADVERSE IMPACT.

THEY HAVE NOT INCREASED THE SQUARE FOOTAGE IT'S PROPERLY ELEVATED, AND WE'VE NOT INCREASED THE NUMBER OF PARKING SPACES IN THE FLOOD, PLAIN EVEN, OR THE DEPTH, EVEN THOUGH THE PARKING HAS BEEN RECONFIGURED ON THE SITE.

UM, AND I THOUGHT, I'D TALK A LITTLE BIT ABOUT HOW I THINK THIS MIGHT GET USED.

I DON'T THINK IT'S GOING TO BE A VERY COMMON EXCEPTION FOR DEVELOPERS TO USE.

I THINK THE MOST LIKELY SCENARIO FOR THIS WOULD BE AN INSTANCES WHERE PERHAPS A BUILDING HAS BEEN SUBSTANTIALLY DAMAGED.

THAT COULD BE FROM FLOOD.

IT COULD BE FROM FIRE SOMETHING ELSE.

AND THEY'RE JUST LOOKING TO SORT OF REPLACE WHAT HAD BEEN THERE.

THIS WOULD GIVE THEM AN OPTION TO DO THAT WITHOUT HAVING TO GO THROUGH THE COUNCIL VARIANCE PROCESS.

UH, I THINK WE'LL ALSO SEE IT USED IF SOMEBODY JUST AS BUILDINGS AGE OUT AND PEOPLE WANT TO REPLACE THEM WITH SOMETHING NEWER, BUT NOT A BIG CHANGE IN USE.

THIS IS NOT ENVISIONED TO BE, OR WOULD BE POSSIBLE TO BE USED TO SAY, REDEVELOP A GAS STATION INTO A HIGH RISE.

THAT'S NOT WHAT WE'RE TALKING ABOUT WHEN WE TALK ABOUT REDEVELOPMENT IN THIS SENSE.

SO OUR PROCESS TO APPROVAL RIGHT NOW, WE'RE CURRENTLY IN FRONT OF YOU, ALL THE ENVIRONMENTAL COMMISSION.

OUR NEXT STEP IS THE BUILDING AND FIRE CODE BOARD OF APPEALS.

AND WE'LL BE GOING BACK TO THE CODES AND ORDINANCES, JOINT COMMITTEE ZONING AND PLANNING, PLANNING COMMISSION, AND EVENTUALLY CITY COUNCIL.

AND SO WITH THAT, I WOULD ASK IF YOU ALL HAVE ANY QUESTIONS, THANK YOU VERY MUCH.

IT WAS A VERY WELL ORGANIZED PRESENTATION THINKING, UM, COMMISSIONERS, DO WE HAVE ANY QUESTIONS? MAYBE WE'LL JUST GO AROUND THE HORN PRIMER.

YEAH.

YEAH.

THANK YOU FOR THE PRESENTATION.

I APPRECIATE IT.

SO WHAT HAPPENS TO THIS IS NOT IF WE, WELL, WHAT IF THIS IS NOT APPROVED, APPROVED BY THE COUNCIL BY COUNCIL? UM, THEN IT WOULD JUST NOT BE IN THE CODE AND WE WOULD HAVE OUR RULES TODAY.

AND SO IN THIS SCENARIO WHERE SOMEBODY WAS PROPOSING SOMETHING THAT WOULD OTHERWISE COMPLY WITH THIS, THEY WOULD MORE THAN LIKELY HAVE TO GO BEFORE CITY COUNCIL AND SEEK A VARIANCE TO CONSTRUCT THAT NEW BUILDING IN THE FLOOD PLAIN.

AND I GUESS THE REASON I ASK IS THIS, YOU KNOW, WE HAVE A LOT OF PROBLEMS WITH FLOODING, OBVIOUSLY IN AUSTIN.

AND, UH, I WASN'T AROUND WHEN THE RESIDENTIAL, UH, VARIANCE THING WAS, WAS DISCUSSED.

SO I WOULD HAVE RAISED THE SAME QUESTIONS AT THAT TIME.

IT SEEMS LIKE

[00:20:01]

WHAT WE'RE DOING IS WE'RE ALLOWING PEOPLE TO CONTINUE TO DEVELOP AND FLOOD AN AREA THAT'S PRONE TO FLOOD OR NEAR PLUM TO FLOOD.

IF THEY MEET SOME SMALL TECHNICAL FACTORS, WHEREAS REALITY, WHAT WE OUGHT TO BE DOING IS TELLING THEM TO CLEAR OUT.

I THINK THERE'S A COUPLE OF DIFFERENT WAYS TO THINK ABOUT THAT.

AND I DON'T DISAGREE WITH YOU AT ALL.

UM, OUR, OUR DEPARTMENT WATERSHED, WE HAVE SPENT, UH, AND, YOU KNOW, WITH THE HELP OF CITY COUNCIL SECURING FUNDING, WE HAVE SPENT HUNDREDS OF MILLIONS OF DOLLARS ON BUYOUTS TO REMOVE HOMES FROM THE FLOOD PLAIN.

WE CONTINUE TO LOOK AT THAT AND OTHER FLOOD MITIGATION SOLUTIONS, WE WOULD PREFER TO HAVE NO BUILDINGS IN THE FLOODPLAIN IN THIS CITY.

BUT I THINK ALSO FOUND THAT THE REALITY OF IT IS, IS WE HAVE A LOT OF EXISTING BUILDINGS IN THE FLOODPLAIN AND WE DON'T HAVE THE RESOURCES TO MITIGATE ALL OF THAT RISK, UM, IN ANY KIND OF REASONABLE TIMELINE.

AND SO IN THE MEANTIME, WE WANT OPTIONS FOR THOSE EXISTING BUILDINGS TO BE MADE SAFER WITHOUT MAKING THE PROBLEM WORSE.

SO, SO YEAH, LIKE WITH THE RESIDENTIAL REDEVELOPMENT EXCEPTION, WE SAID, WE DON'T WANT TO INCREASE THE NUMBER OF DWELLINGS.

WE HAVE A CERTAIN NUMBER OF FAMILIES IN THE FLOODPLAIN, AND THAT MAY BE TOO MANY AND OTHER, OTHER GROUPS WITHIN WATERSHED PROTECTION WORK TOWARDS REDUCING THAT NUMBER.

BUT AT THE SAME TIME, WE DON'T WANT SOMEBODY THAT OWNS A HOME IN THE FLOOD PLAIN, TO FEEL LIKE THEY HAVE NO CHOICE, BUT TO SIT THERE AT THIS HOME THAT WE KNOW IS NOT PROPERLY ELEVATED AGAINST THAT FLOOD RISK.

AND SO LIKEWISE WITH THIS COMMERCIAL REDEVELOPMENT EXCEPTION, WE WANT, WE HAVE THESE EXISTING DEVELOPMENTS.

IF YOU THINK ABOUT LAMAR THROUGH DOWNTOWN, ALONG, UM, ALONG SHOAL CREEK, I MEAN, IT WOULD BE NICE IF WE DIDN'T HAVE ANY BUILDINGS IN THE FLOODPLAIN THERE, THAT AREA HAS BEEN DEVELOPED FOR OVER A HUNDRED YEARS.

AT THIS POINT, THE COST OF BUYING THAT OUT WOULD BE VERY EXORBITANT.

THE COST OF CONSTRUCTING A TUNNEL LIKE THE WALNUT CREEK TUNNEL WOULD ALSO BE QUITE HIGH.

AND SO THIS IS POTENTIALLY A SOLUTION TO ALLOW THE SMALL BUSINESSES TO REMAIN AND NOT FLOOD, UH, IN THE WAY THAT THEY HISTORICALLY HAVE.

ARE YOU NOT MAKING THE ASSUMPTION THAT THE PROPERTY IS ACTUALLY OWNED BY A SMALL BUSINESS? AND IT'S ONE THING IF YOU KNOW, I, AS AN INDIVIDUAL OWNED THE PROPERTY AND I OWNED A SMALL SHOE STORE OR SOMETHING LIKE THAT.

ON THE OTHER HAND, IF IT'S A LARGER CONCERN THAT OWNS IT, THEN THERE, THEN YOU WOULD, I MEAN, I WOULD ASSUME THAT THEY WOULD, IT'D BE BETTER UNDER, THEY ASSUME THE RISK AND DO IT.

IF THEY FELT THAT IT WAS, YOU KNOW, CONSEQUENTIAL TO THEIR BUSINESS TO DO THAT, RATHER THAN HAVING THAT THE CITY GREASE THE SKIDS FOR THEM TO ALLOW THEM TO DO THIS.

I MEAN, THEY WANT TO STAY THERE WITH THE RISK, THEN THEY WOULD ASSUME THE RISK.

I MEAN, I GUESS WE, IF WE'RE ENCOURAGING THEM BY SETTING RULES, ALLOW THEM TO STAY.

WE'RE DOING THE CITY A DISSERVICE BECAUSE IN THE END, THE TAXPAYERS HAVE TO, YOU KNOW, CLEAN UP THE MESS AFTER IT'S OVER WITH, EVEN THOUGH WE MAY NOT DIRECTLY REIMBURSE A LARGE BUSINESS FOR THE DAMAGE THAT'S OCCURRED FROM A FLOOD, WE HAVE TO IN SOME MANNER SHOULDER, THE BURDEN OF THAT TO SOME DEGREE.

AND, YOU KNOW, IF THE BUSINESS DECIDES THAT THE RISK ISN'T WORTH IT, THEN THEY'LL, YOU KNOW, PICK UP AND MOVE TO A PLACE IN TOWN WHERE THE RISK IS LESS TRUE.

AND SO KIND OF WONDERING WHY WE'RE MAKING IT EASIER FOR THEM TO DO THAT.

I MEAN, IT'S, IT'S A QUESTION PERHAPS WITH NO ANSWER, BUT, UH, YEAH, I DON'T KNOW.

I MEAN, THIS IS, THIS IS JUST ABOUT THE EXISTING BUILDINGS THAT WE HAVE WITH THE AN SEVEN.

I UNDERSTAND.

AND, BUT, BUT IT DOESN'T AFFECT NEWER BUILDINGS.

SO IF THERE WAS A VACANT LOT DOWN THERE AND SOMEONE WANTED TO CARRY IT DOWN, IF THERE WERE, IF THERE WAS A VACANT LOT, OUR RULES WOULD, WOULD NOT ALLOW FOR A NEW BUILDING TO BE CONSTRUCTED ON IT.

BUT LIKE, UH, WHAT'S SCHULKE SHOW CREEKS, LOON AND TORE IT DOWN IN ORDER TO PUT UP, UH, YOU KNOW, WHATEVER, UH, THEN THESE RULES WOULD APPLY.

CORRECT.

WELL, IF THE PROPOSED DEVELOPMENT COMPLIED WITH ALL THE REQUIREMENTS OF THIS EXCEPTION, CORRECT THAT.

SO, SO YES, IF SOMEBODY PURCHASED SHOAL CREEK SALOON AND WANTED TO DEMOLISH IT AND CONSTRUCT A NEW COMMERCIAL BUILDING OF THE SAME SIZE AND NOT INCREASE THE PARKING AND ELEVATE IT AND DEMONSTRATE THAT IN DESIGN DID NOT CAUSE AN ADVERSE IMPACT, THEN YES, THIS ROLE WOULD ALLOW THEM TO DO THAT.

I THINK THAT'S UNLIKELY.

I THINK THE MORE LIKELY SCENARIO WE'D SEE FOR THIS WOULD BE IF, SAY THERE WAS A KITCHEN FIRE AT SHELL CREEK SLIM AND THEIR BUSINESS BURNED DOWN AND THEY WANTED TO REBUILD.

I, YOU KNOW, I THINK THE ECONOMICS

[00:25:01]

OF THIS CITY WOULD NATURALLY ELIMINATE A LOT OF, UH, A LOT OF THIS RURAL BEING USED FOR REDEVELOPING IN THE SENSE THAT MAYBE YOU'RE THINKING WITH THESE LIMITS THAT WE HAVE IN THE RULE.

DOES THAT ANSWER YOUR QUESTION OR YOUR CONCERN AS MUCH AS IT CAN? YES.

THANK YOU.

I APPRECIATE IT.

ANY OTHER QUESTIONS? YES.

THANK YOU FOR THE PRESENTATION.

UM, I JUST HAVE A, SO THIS HELPED ME UNDERSTAND WHAT IS THE DEFINITION OF HIGH HAZARD WHEN YOU'D REFERENCED TO THE FOLLOWING USES? WHAT IS AN EXAMPLE OF HIGH HAZARD? UM, I WOULD HAVE TO ASK SOMEONE FROM DSD PERHAPS IF THEY KNOW, UH, I, I BELIEVE IT'S LIKE AN INDUSTRIAL FACTORY USE THIS, THE LIST OF USES THAT WERE PROHIBITED WAS SOMETHING THAT WE WORKED UP WITH, THE BUILDING OFFICIAL AND THE FIRE MARSHALL, AND IT WAS REALLY THEIR RECOMMENDATIONS FOR WHAT USES WE DIDN'T THINK SHOULD BE IN THE FLOOD PLAIN.

UM, I'M AFRAID, I DON'T KNOW SPECIFICALLY WHAT WOULD FALL UNDER HIGH HAZARD.

OKAY, GREAT.

THANK YOU.

AND, UM, I KNOW LIKE 80%, I BELIEVE OF THE RESIDENTIAL BUILDINGS ARE IN A FLOOD PLAIN.

IT WAS PROBABLY 20% THAT ARE COMMERCIAL OR IS THAT, YEAH, IT WAS ABOUT 80% OF THE BUILDINGS IN THE FLOOD, PLAIN ARE RESIDENTIAL.

AND SO THIS, THIS EXCEPTION REALLY IS ONLY APPLICABLE TO A RELATIVELY SMALL NUMBER OF BUILDINGS.

THERE'S A RELATIVELY SMALL NUMBER OF COMMERCIAL BUILDINGS IN THE FLOODPLAIN.

AND THEN WITH THESE RESTRICTIONS AGAIN ON TOP OF THAT, THAT WOULD FURTHER REDUCE THE NUMBER OF THOSE BUILDINGS THAT MAY BE INTERESTED IN THIS, DEPENDING ON WHAT TYPE OF REDEVELOPMENT THEY WANT TO DO.

OKAY.

GREAT.

THANK YOU.

AND SO FOR EXAMPLE, UNDER ONE OF THESE THAT INCLUDE THE FOLLOWING CASES THAT DO NOT INCLUDE THE FOLLOWING USES, FOR EXAMPLE, EDUCATIONAL.

SO IF YOU'VE GOT AN ELEMENTARY SCHOOL THAT IS CURRENTLY IN A FLOOD, PLAIN AND AISD, OR YEAH.

WHOMEVER WANTED TO REDEVELOP, THEY WOULD NOT BE ABLE TO REFILL IT BECAUSE IT IS AN EDUCATIONAL STRUCTURE.

RIGHT, RIGHT.

WE WOULD SAY, WE STILL, WE SAID, YOU KNOW, YEAH, THERE'S AN EXISTING BUILDING HERE AND YOU CAN OTHERWISE MEET THIS, BUT WE REALLY DON'T THINK A SCHOOL SHOULD BE IN THE FLOODPLAIN REGARDLESS OF HOW HIGH IT'S ELEVATED OR THE OTHER CRITERIA THAT WE HAVE.

OKAY.

SO THAT HEAVEN FORBID THAT THAT STRUCTURE WOULD, YOU KNOW, TORNADO OR FIRE OR SOMETHING, IF THEY WOULD NOT BE ABLE TO, THEY WOULD NEED TO LOOK FOR A LOCATION OUTSIDE THE FLOODPLAIN TO REBUILD THAT SCHOOL.

YES.

OKAY, GREAT.

THANK YOU.

UM, AND JUST WANTING TO MAKE SURE IF ANYBODY'S DOING A REDEVELOPMENT WITH DP ELIGIBLE TO USE ANY IN LOOP PROCESS UNDER THIS, COULD THEY SAY, UM, IF I DON'T WANT TO DO THIS, SO FOR EXAMPLE, PART OF THEIR BRAIN DEVELOPMENT COULD, WOULD, COULD REQUIRE YOU NOW NEED TO HAPPEN IN DETENTION POND OR ATTENTION PRETENSION POND.

COULD THEY SAY, NO, WE DON'T WANT TO DO THAT AS PART OF THE REDEVELOPMENT, CAN WE PAY A FEE IN LIEU, BUT THEY'D BE ALLOWED TO DO THAT.

I MEAN, I, I THINK THEY WOULD BE ALLOWED TO PARTICIPATE IN THE CITY'S R S AND P PROGRAM IF THE ARTISTS AND P REVIEW STAFF DETERMINED THAT THAT WAS APPROPRIATE FOR THAT PARTICULAR DEVELOPMENT.

THAT WOULD BE INTERESTING.

OKAY.

THANK YOU.

I THANK YOU FOR YOUR PRESENTATION.

I DO NOT HAVE ANY QUESTIONS.

OKAY.

DO YOU HAVE ANY QUESTIONS COMING BACK AROUND THIS PHONE? UM, YEAH, I APPRECIATE THE PRESENTATION.

UM, I GUESS MY QUESTION IS, YOU KNOW, OBVIOUSLY, YOU KNOW, WE'RE GOING THROUGH SOMEWHAT OF A HOUSING AFFORDABILITY CRISIS, UH, AS A BIT OF AN UNDERSTATEMENT.

UM, SO I CAN UNDERSTAND WHY OF THOUGH WE WOULD LIKE TO NOT HAVE PEOPLE, YOU KNOW, RESIDING IN THE FLOOD PLAIN.

UH, THE REALITY IS THAT PEOPLE NEED TO PLAY, STAY AROUND HERE AND IT WILL PROBABLY BE CHEAPER THAN PLACES IN THE US.

AND THEY'RE NOT IN THE FLOOD PLAIN, I GUESS MY QUESTION IS, ARE WE GOING TO HAVE ANY KIND OF INCENTIVE PROCESS FOR, ESPECIALLY LIKE FOR RESIDENTIAL PROPERTIES TO BE ABLE TO UPGRADE THEIR, UM, I GUESS I FORGOT WHAT THE TERM WAS, BUT BASICALLY HAVING THE, UH, I GUESS, UH, THE FLOOR HEIGHT OR WHATEVER, BE A TWO FEET INSTEAD OF ONE FEET.

CAUSE I WOULD IMAGINE IF WE'RE TRYING TO IMPROVE THE SAFETY OF PEOPLE'S LIVES THAT, UH, WHATEVER WE CAN DO PROCESS WISE TO INCENTIVIZE PEOPLE TO MAKE THEIR BUILDINGS MORE FLOOD PROOF WOULD PROBABLY BE A GOOD IDEA.

YEAH.

SO, UM, THAT, THAT DOESN'T NECESSARILY PERTAIN TO THE COMMERCIAL REVOLVE EXCEPTION, BUT ONE OF THE THINGS THAT THE RESIDENTIAL REDEVELOPMENT EXCEPTION DID WHEN COUNCIL APPROVED IT IS IT DID CLEAR SOME HURDLES THAT WOULD ALLOW, UM, OPEN UP GRANT FUNDING OPTIONS FOR THINGS LIKE HOME ELEVATION PROGRAMS. A LOT OF THOSE GRANT FUNDINGS FROM THE STATE OR FROM FEMA CARRIED THE CRITERIA THAT THAT BUILDING MUST MEET THE CITY'S FLOODPLAIN RULES WHEN

[00:30:01]

YOU FINISH THE PROJECT.

AND PRIOR TO THAT, RESIDENTIAL REDEVELOPMENT EXCEPTION BECOMING EFFECTIVE, THAT SORT OF PROHIBITED A LOT OF THE, UH, GRANT FUNDING OPTIONS FOR HOME ELEVATIONS.

SO WITH THAT EXCEPTION NOW IN THE CODE, IT DOES OPEN UP OPTIONS FOR THINGS LIKE THAT.

UM, WE'VE NOT, IT'S SOMETHING WE'VE EXPLORED AND CONTINUE TO EXPLORE.

AND I'VE HAD CONVERSATIONS WITH THE LEGAL DEPARTMENT REGARDING HOW THAT COULD WORK.

IT'S NOT, WE'VE NOT DONE A HOME ELEVATION PROGRAM YET, BUT IT'S IN DISCUSSION.

THANK YOU FOR THE PRESENTATION.

UM, ALONG THE SAME LINES, IF, UM, I LIVE ON LARK CREEK FOR EXAMPLE, AND, UM, EVERYONE THAT LIVES ON THAT SIDE OF, UH, WITH, UH, THE CREEK, UM, LARK CREEK AND THEN OVER ON THE, UH, UH, MEADOW SPRING MEADOW ROAD, UM, I, I THINK YOU'D HAVE TO TAKE, UH, IT'S IT'S I, I KNOW I LOOKED FOR MY, MY HOUSE AND I CAN SEE THAT THE FLOOD PLAIN IS NOW SOMEWHERE IN MY YARD AND MY RISK HAS GONE FROM LOW TO MODERATE.

AND SO I GUESS I'D HAVE TO GET A SURVEYOR OR SOMETHING TO TRY TO, YOU KNOW, LASER TO TRY TO FIGURE OUT WELL, WHERE IS THAT TWO FEET FROM THE EDGE OF THE FLOOD PLAIN.

AND WHEN, IF PEOPLE DO MEET THAT, UH, CRITERIA, UH, DO, UM, HOW FAR ARE YOU FROM A POINT WHERE FEMA FUNDING WOULD BE AVAILABLE? IS THAT AN OPTION CURRENTLY, OR HOW FAR AWAY DO YOU SEE IT AS BEING, UH, A LOT OF THE RANT FUNDING FROM FEMA FOR THINGS LIKE HOME ELEVATION PROGRAMS ARE, UM, DEPENDENT ON COST BENEFIT ANALYSIS RATIOS.

AND ONE OF THE PROBLEMS WE RUN INTO IN AUSTIN IS THE HOME VALUES ARE SO HIGH.

THAT IT'S REALLY HARD FOR US TO MEET THOSE CRITERIA WITH FEMA.

YOU KNOW, IF THE, IF IT'S GOING TO COST A CERTAIN AMOUNT OF MONEY TO RAISE THE HOME AND THE HOME IS OF A CERTAIN VALUE, BUT A FLOOD WOULD ONLY CAUSE X AMOUNT OF DAMAGE FROM A DOLLAR PERSPECTIVE, IT CAN BE DIFFICULT FOR US TO MEET THOSE RATIOS.

UM, SO IT DEPENDS ON, IT CAN DEPEND ON A NUMBER OF FACTORS THERE, WHAT IT WOULD COST TO ELEVATE THE HOME ITSELF, WHICH IS GOING TO DEPEND ON THE CONSTRUCTION OF THE HOME, THE VALUE OF THE PROPERTY, THE CURRENT DEPTH OF THE HOUSE IN THE FLOODPLAIN.

IF THE HOUSE IS CURRENTLY VERY DEEP IN THE FLOODPLAIN AND, UM, AND A FLOOD WOULD CAUSE A SIGNIFICANT, UH, FINANCIAL LOSS, THEN IT'S A LOT EASIER TO JUSTIFY THAT GRANT FUNDING TO ELEVATE IT.

IF A HOME, IF WE'RE TALKING ABOUT MAYBE SIX INCHES OF WATER COMING INTO THE HOME, WHILE THAT CAN STILL BE VERY EXPENSIVE, IT'S PROBABLY NOT GOING TO CAUSE ENOUGH DAMAGE TO MEET THE COST BENEFIT OF SPENDING, YOU KNOW, 20, $30,000 ON ELEVATING THE STRUCTURE.

I CAN SEE THERE ARE MULTIPLE PROBLEMS. 35% OF THE, UM, SINGLE RESIDENTIAL HOMES IN AUSTIN ARE, WERE BUILT BEFORE 1980.

SO THEY'RE STRUCTURALLY GOING TO BE PROBABLY BUILT ACCORDING TO A DIFFERENT SET OF CODES THAN WHAT BUILDINGS WERE 20, 30 YEARS LATER.

UM, BUT, UM, I WOULD GUESS WHAT WOULD YOU THINK THAT THE MAJORITY OF, OF HOMES IN AUSTIN ARE STICK-BUILT HOMES ON CONCRETE PLATFORMS? IS THAT PRETTY MUCH, UH, IT DEPENDS ON THE AREA OF TOWN.

I THINK I TH I THINK, UM, FOR WEST AUSTIN, THAT'S PREDOMINANTLY TRUE.

I THINK IT NEEDS TO AUSTIN.

WE SEE A LOT MORE PIER AND BEAM CONSTRUCTION HISTORICALLY.

OKAY.

AND WHAT ABOUT OTHER OPTIONS? IF LIKE I'VE SEEN, UH, APRONS THAT KIND OF, IT CAN EITHER BE PERMANENT OR IT CAN BE ROLLED UP SO THAT THEY, THEY, UM, PREVENT WATER FROM COMING IN A COUPLE OF INCHES OR A FOOT OVER THE, THE FLOOR SO THAT YOU GO FROM, YOU KNOW, RUINING ALL THE FLOORS IN THE HOUSE AND MAYBE HAVING TO REPLACE ALL THE, ALL OF THE, UM, THE SHEET ROCK TO, UM, TO NOT HAVING THAT HAPPEN.

UH, IS, I MEAN, IS THAT A, IS THAT A DIFFERENT, IS THAT ALSO AN OPTION OR, UH, IS THAT WHAT MEAN, WHAT, WHERE DID DIFFERENT THINGS LIKE THAT STAND?

[00:35:01]

UH, I THINK IN AUSTIN, THOSE, THOSE TEND NOT TO BE THE BEST OPTIONS, JUST BECAUSE OUR TIME OF CONCENTRATION ON THE CREEK, I THINK I NEED BATTERY COMMITTED SHOPS ON YOUR MICS ON, OH, UM, THE TIME OF CONCENTRATION ON THE CREEKS IN AUSTIN IS SO SHORT.

THAT'S WHY WE HAVE THIS FLASH FLOODING.

AND SO IF, IF, YOU KNOW, IF YOU GET 15 MINUTES WARNING THAT THE FLOOD FLOODS GOING TO HAPPEN, AND IT'S A SYSTEM THAT YOU HAVE TO ACTIVELY DEPLOY AND IT MAY BE AS THE MIDDLE OF THE NIGHT.

I THINK IT'S JUST VERY UNLIKELY.

I THINK, WHERE WE SEE THOSE USED A LOT.

AND I KNOW WHAT YOU'RE TALKING ABOUT IN THERE ARE PRETTY COOL SYSTEMS. WE SEE THOSE A LOT IN COMMUNITIES THAT ARE ON LARGER RIVERS.

YOU KNOW, IF YOU THINK ABOUT LIKE WHEN THE MISSISSIPPI FLOODS AND THE RIVER FORECAST CENTER FROM THE NATIONAL WEATHER SERVICE IS SAYING LIKE, OH, IT'S GOING TO FLOOD THIS HIGH IN YOUR TOWN IN THREE DAYS.

AND THAT'S WHEN THAT'S WHEN SYSTEMS LIKE THAT ARE REALLY EFFECTIVE, UM, IN AUSTIN, EITHER NOT HAVING THE HOME IN THE FLOOD PLAIN OR HAVING THE HOME ELEVATED ARE REALLY THE KEYS TO, UM, PREVENTING THAT LOSS.

HOW MANY HOMES ARE IN AUSTIN ARE IN THE FLOOD PLAIN AND, AND KIND OF, YOU KNOW, A FOOT, YOU KNOW WHAT I MEAN, IN THAT KIND OF, I DON'T HAVE THAT NUMBER ON THE TOP OF MY HEAD, UNFORTUNATELY.

OKAY.

WE DON'T, WE DON'T KNOW THE SIZE OF THE RISK.

SO, I MEAN, WE WE'VE AS PART OF THIS ALICE 14, WE OF COURSE CALCULATED ALL THAT.

I JUST, I DON'T REMEMBER, UH, DEVINEY FIGURE SISTER, WHAT I MEAN, AND IF THE FEMA GRANT FOR SOMEBODY, NO, I KNOW MY HOUSE HAS GONE FROM A HUNDRED THOUSAND TO MAYBE 400 PLUS THOUSAND, JUST BECAUSE PRICES ARE GOING UP, UP, UP AS THE DEMAND SUPPLY ISSUES, INTERSECT, SAME HOUSE, SAME CONSTRUCTION, BUT, YOU KNOW, SO, AND IF YOU HAVE LIKE THAT, YOUR BABY THAT, YOU KNOW, SIX INCHES THAT WOULD BE, YOU KNOW, IT'S A LOT OF MONEY TO RAISE THAT HOUSE UP.

THAT THAT PROBABLY WOULD JUST NOT, I MEAN, I, WHAT DO PEOPLE DO WHO ARE KIND OF IN THAT KIND OF GRAY ZONE? WE HAVE HAD QUITE A FEW PEOPLE ELEVATE HOMES, UM, AND IT'S, IT'S PREDOMINANTLY BEEN SMALLER PIER AND BEAM BUNGALOW TYPE CONSTRUCTION.

UH, IN THOSE INSTANCES, IT IS RELATIVELY AFFORDABLE TO ELEVATE THE HOME.

AND THEN, UH, AND THEN THAT DOES ALLOW YOU TO MAKE OTHER IMPROVEMENTS TO IT, UM, PER 500 SQUARE FEET.

WHAT IS THE COST FOR A, I DON'T KNOW.

NOPE.

OKAY.

UM, I, UM, IT JUST LOOKS LIKE A LOT OF MISSING PIECES OF DATA THAT, UM, I WOULD LIKE TO KNOW MORE, BUT I APPRECIATE, UM, YOUR PRESENTATION THAT I DON'T REALLY HAVE ANY OTHER QUESTIONS.

UM, I GUESS, I MEAN, I'M, I'M HAPPY TO ANSWER YOUR QUESTIONS.

THIS IS A LOT OF DATA THAT WE CAME UP WITH WHEN WE WERE PROPOSING THE REDEVELOPMENT EXCEPTION.

IT'S JUST THAT COUPLE OF YEARS AGO, WE DID A REALLY GOOD JOB OF PRESENTING IT.

I'M JUST THINKING, WELL, YOU KNOW, IF, IF YOU'RE ONE OF THOSE HOMEOWNERS AND CHECK, I'M GOING TO JUMP IN HERE REAL QUICK.

IF YOU DON'T MIND, I'M GOING TO REFOCUS THIS A LITTLE BIT AND, AND YOUR QUESTIONS ARE WONDERFUL AND GREAT, BUT THEY'RE FOCUSING ON THE RESIDENTIAL SIDE AND HIS PRESENTATION IS MORE ON COMMERCIAL, ON YEAH.

ON THE COMMERCIAL DEVELOPMENT.

SO THE LAND CODE THAT WE'RE LOOKING AT IS LAND DEVELOPMENT CODE TO INCLUDE COMMERCIAL REDEVELOPMENT.

AND SO I THINK YOU'RE FEELING LIKE HE DOESN'T HAVE YOUR FACTS AND FIGURES BECAUSE WE'RE KIND OF TALKING ABOUT TWO DIFFERENT THINGS.

SO I JUST WANT TO REFOCUS US A LITTLE BIT.

YEAH.

I SEE.

WELL, THEY'RE BOTH IN HERE AND I THINK WHERE WE DEVOTE ON BOTH OF THEM.

NO.

SO THE RESKIN FOR RECOMMENDATION ON THE COMMERCIAL REDEVELOPMENT EXCEPTION, THE RESIDENTIAL ONE IS ALREADY BEEN COUNCIL APPROVED THAT IN 2019, I WAS JUST PROVIDING A SUMMARY OF WHAT WE'D ALREADY DONE AND WHAT WE'RE COMING BACK AND DOING.

OKAY.

SO, UM, THOSE ARE, THOSE ARE MAYBE QUESTIONS FOR ANOTHER TIME IN PLACE AND WE HAVE ANSWERS FOR THOSE.

I JUST DON'T HAVE THAT.

THAT'S NOT WHAT, OKAY.

SO, UM, OKAY, THANKS.

THANK YOU.

IT'S A NORMAL QUESTION.

SECOND.

NO QUESTIONS.

THANK YOU.

UM, REMOTE BATTERY PEOPLE.

UM, DO YOU GUYS HAVE ANY QUESTIONS? RAISE YOUR HAND IF YOU GOT IT.

YEAH.

THOMPSON.

OH, FULLY CHARGED.

WHAT DO YOU GOT? SORRY ABOUT THE INTERRUPTION.

I DIDN'T REALIZE MY MIC WAS ON.

OKAY.

UM, THIS IS COMMERCIAL PROPERTY AND I AM AWARE OF THAT.

SO I HAVE A LIST OF QUESTIONS.

I'LL JUST READ THEM AND THEN

[00:40:01]

WHOEVER NEEDS TO ANSWER THEM CAN, UM, THE CITY HAS LIABILITY, BUT THESE PEOPLE ARE AWARE THAT THEY'RE IN A FLOOD PLAIN AND THEY ARE REQUIRED TO HAVE FLOOD INSURANCE.

AND I ASSUME THAT THAT IS CORRECT.

UM, HAS THE CITY CREATED AN AGREEMENT TO SAY THAT THEY'RE AWARE OF THEIR RESPONSIBILITY IN THE REED IN THE CASE OF APPROVAL OF THE VARIANTS FOR REDEVELOPMENT SO THAT, UM, I DUNNO, MAYBE THEY COULD SHARE THE BURDEN OF CLEANUP OR, OR WHATEVER IT IS, WHATEVER THEY PRODUCE.

THERE ARE, I'M JUST TRYING TO, I MEAN, MR. BREMMER SAID THAT THIS WOULD BE AN ISSUE.

SO I WAS THINKING ABOUT THAT.

UM, I ALSO WANT TO KNOW IF THEY COULD SELL THE PROPERTIES AND WE HAVE A LOT OF OUT OF TOWN PEOPLE BUYING, SO IS LIKE CAVEAT EMPTOR AND PLACE HERE.

ARE THEY REQUIRED TO TELL THESE PEOPLE THEY'RE IN THE FLOOD PLAIN? AND CAN WE REVIEW THIS WHEN THE STUDY IS COMPLETED? I KNOW THAT WE REALLY LIKE TO KEEP AWARE OF ATLAS 13 AND ITS PROGRESS PROGRESSION THROUGH THE PROCESS.

SO, UM, I WOULD ALSO LIKE FOR YOU TO EXPLAIN, EXPLAIN THE STAFF REVIEW, TO USE, IF SOMEONE USES THE SPEAR, IF WE APPROVE IT AND, OR THE CITY COUNCIL APPROVES IT, WE RECOMMEND IT.

UM, IF THEY USE THE REV, THE VARIANCE, UM, WHAT IS THE STAFF REVIEW PROCESS? AND, UM, THEN WE'LL THE VARIANTS, UM, PASS WITH TITLE.

IF THE PROPERTY IS SOLD, MY, MY ISSUE HERE IS, UM, RESPONSIBILITY GOING FROM ONE TO THE OTHER.

OKAY.

YEAH.

SO, UM, THIS IS ABOUT ALLOWING BUILDINGS THAT HAVE EXISTING RISKS TO BE REPLACED WITH SOMETHING WITH LOWER RISKS.

SO IN, IN, YOU KNOW, IF YOU HAVE AN EXISTING BUILDING DEBRIS GENERATED FROM THAT SITE DURING A FLOOD, UM, IS A SIGNIFICANT ISSUE THAT WE FACE AS A CITY, ALLOWING THESE EXISTING BUILDINGS TO BE REPLACED WITH SOMETHING THAT'S PROPERLY ELEVATED, PROPERLY STRUCTURALLY DESIGNED SHOULD IN THEORY, REDUCE THE AMOUNT OF DEBRIS THAT WE ENDED UP IN THE CREEKS WITH FOLLOWING A FLOOD MIKE WISE, THAT'S WHY WE'RE NOT ALLOWING AN INCREASE IN PARKING IN THE FLOOD.

PLAIN VEHICLES GETTING WASHED INTO CREEKS IS A SIGNIFICANT ANSWERED AND CLEANUP EFFORT.

SO IT, UM, IN THEORY, IT SHOULD BE REDUCING THAT BURDEN.

UH, BUT THAT YOU'RE CORRECT, THAT DOES EXIST FROM, UH, YOU KNOW, FLOODS DO GENERATE LOTS OF DEBRIS THAT THE CITY IS RESPONSIBLE FOR CLEANING UP.

UM, I'M TRYING TO REMEMBER WHAT ALL THE QUESTIONS WERE.

UM, YOU ASKED ABOUT FLOOD INSURANCE AND, AND, UH, FLOOD INSURANCE IS REQUIRED BY LENDERS IF THE BUILDING IS IN THE FLOOD PLAIN.

SO IF YOU'RE TAKING ON A LOAN TO PURCHASE A PROPERTY AND THE BUILDINGS IN THE FLOOD, PLAIN, THE LENDER REQUIRES YOU TO HAVE FLOOD INSURANCE AND THEY'RE REQUIRED BY FEDERAL LAW TO REQUIRE YOU, IF YOU OWN THE PROPERTY OUTRIGHT OR YOU'RE PAYING IN CASH, THERE IS NO REQUIREMENT TO CARRY FLOOD INSURANCE.

WE ENCOURAGE EVERYONE TO CARRY FLOOD INSURANCE, BUT THERE IS NO REQUIREMENT TO CARRY FLOOD INSURANCE.

IF YOU OWN IT OUTRIGHT, THE BANKS REQUIRE IT BECAUSE THEY'RE PROTECTING THEIR ASSET, THEIR INVESTMENT IN IT.

UM, YOU ALSO ASKED ABOUT DISCLOSURE.

WE HAVE, UH, WE HAVE EXISTING DISCLOSURE LAWS IN TEXAS FOR FLOOD PLAIN.

THOSE, UH, THE LEGISLATURE STRENGTHENED THOSE, UH, LAST SESSION FOLLOWING HARVEY.

SO THERE IS REQUIRED DISCLOSURE.

IF A BUILDING IS IN THE FLOOD, PLAIN, IF A VACANT PROPERTY IS IN THE FLOOD, PLAIN, YOU'RE REQUIRED TO DISCLOSE IF IT HAS FLOODED BEFORE.

IF IT'S IN THE 500 YEAR FLOOD, PLAIN, IF IT'S IN A SPILLWAY THERE'S, WHICH ISN'T NECESSARILY RELEVANT IN AUSTIN, BUT THERE'S A WHOLE HOST OF DISCLOSURE REQUIREMENTS NOW REGARDING FLOODPLAINS.

SO WHEN PEOPLE PURCHASE THESE, THEY ARE, THAT IS DISCLOSED TO THEM.

WHAT THAT MEANS TO THEM.

I DON'T KNOW.

IT IS VERY MUCH CAVEAT INVENTORY AS FAR AS WHAT SOMEONE IS BUYING.

UM, BUT IN, IN THEORY, WE WOULD BE TALKING ABOUT A BUILDING THAT IS SAFER THAN WHAT HAD BEEN THERE PREVIOUSLY.

SO IF, UM, YOU KNOW, AGAIN, THAT'S, THE WHOLE GOAL IS TO REPLACE SOMETHING WITH A HIGH RISK AND HAVE THE RISK BE LOWER.

UH, THERE'S STILL A RISK, BUT IT'S, IT'S A LOT LOWER THAN WHAT IT'S REPLACING.

UM, AND THEN LASTLY, YOU ASKED ABOUT THE REVIEW PROCESS.

SO THIS WOULD COME IN AND I WOULD DEFER TO DSD TO GO INTO MORE DEPTH ON THIS, BUT IT WOULD FOLLOW THE STANDARD DEVELOPMENT PROCESS.

THIS IS, THIS IS AN EXCEPTION RATHER THAN A VARIANCE.

AND SO IT'S, AND SO YOU WOULD SUBMIT YOUR SITE PLAN AND IT WOULD GET ASSIGNED THE VARIOUS REVIEWS.

THERE'D BE AN ENVIRONMENTAL REVIEW.

WE'RE LOOKING AT THE ENVIRONMENTAL RULES AND THE CRITICAL WATER QUALITY ZONE THERE'D BE, AND THERE'D BE A FLOOD PLAN REVIEW.

WE'RE LOOKING AT FLOODPLAIN AND THEY WOULD LOOK AT, THEY

[00:45:01]

WOULD REVIEW THE ENGINEER'S REPORT ON NO ADVERSE IMPACT.

THEY WOULD, UH, WORK WITH OTHER REVIEWERS TO ENSURE THAT LIKE SQUARE FOOTAGE WAS REMAINING THE SAME.

THEY WOULD EVALUATE THE PARKING, THEY WOULD CHECK THE FINISHED FLOOR ELEVATION.

UM, YOU KNOW, THEY WOULD, THEY WOULD CHECK THE USE, THEY'D WORK WITH WHAT STAFF WERE NECESSARY TO DO THAT.

AND IF IT MET ALL OF THOSE CRITERIA, THEN THEY WOULD BE ABLE TO APPROVE THE FLOODPLAIN REVIEW.

AND THERE WOULD BE CONDITIONS PLACED ON THAT SITE PLAN FOR DOCUMENTATION DOWN THE LINE, SUCH AS ELEVATION SURVEYS DURING CONSTRUCTION TO ENSURE THAT THE FINISHED FLOOR WAS BEING BUILT TO THE HEIGHT SPECIFIED ON THE PLANS.

BUT, BUT THAT WOULD BE THE PROCESS THAT WOULD FOLLOW THE STANDARD PROCESS.

AND RATHER THAN HAVING TO GO SEEK A VARIANCE, THE FLOODPLAIN STAFF WOULD BE ABLE TO APPROVE THEIR REVIEW ADMINISTRATIVELY.

IF ALL THOSE CRITERIA ARE MET, WHERE DID THAT CATCH ALL YOUR QUESTIONS? WAS THERE SOMETHING IN THIS, JUST THE LAST ONE, IF THE PROPERTY WAS SOLD, IF THEY HAD ACQUIRED APPROVAL AND THEN THE PROPERTY WAS SOLD WITH THE, THE NEW PEOPLE KNOW OF THE PROBLEM IS ALL I WAS WONDERING, WOULD THEY COME BACK TO YOU OR WOULD THEY JUST BUILD BY THE SPECIFIC, THE SPECS THAT YOU HAD ALREADY APPROVED? LIKE IF, IF THE SITE PLAN, IF, IF THE SITE PLAN WAS APPROVED AND THEN THE PROPERTY WAS SOLD BEFORE THE BUILDING WAS CONSTRUCTED, CORRECT.

THEY WOULD BE ABLE TO CONSTRUCT THAT SITE PLAN AS IT WAS APPROVED FOR A LOAN, FOR THE DURATION OF THE LIFE OF THAT SITE PLAN.

I MEAN, IF IT WERE TO EXPIRE, THEY WOULD NEED TO SUBMIT A NEW ONE.

BUT MY UNDERSTANDING IS YES, YOU COULD TRANSFER THAT APPROVED PLAN WITH THE CHANGE IN OWNERSHIP.

OKAY.

I WAS JUST WONDERING, I MEAN, IT, IT IS SO SLIGHT PROBLEM THAT I WAS JUST WONDERING, YOU KNOW, PEOPLE BUILD, UM, I, I'M JUST HOPING THAT WE WON'T HAVE ANY PROBLEMS WITH IT AS ALL.

AND SO THAT'S WHAT I WAS ASKING.

THANK YOU.

UM, PERRY OR NICHOLS, DO YOU GUYS HAVE ANYTHING? UH, NO QUESTIONS FOR ME, NO QUESTIONS FROM ME EITHER.

UH, JUST WANTED TO THANK YOU FOR YOUR PRESENTATION AND AS SOMEONE WHO WORKED IN DISASTER RECOVERY WITH THE STATE FOR MORE THAN TWO YEARS, I REALLY, REALLY APPRECIATE STAFF'S EFFORTS TO, UH, ALLOW FOR FLEXIBILITY WITH COMMERCIAL PROPERTIES, RISK REDUCTION, WHILE ALSO NOT OVER EXPANDING AND EDIT THE TABLE.

YES.

THANK YOU, SECRETARY AMBERSON.

DO YOU HAVE ANY QUESTIONS? I DON'T HAVE ANY QUESTIONS AT THIS TIME.

I DO HAVE A FEW CONCERNS, BUT I'M STILL MULLING THEM OVER, BUT NOTHING FOR ME RIGHT NOW.

UM, YEAH.

THANK YOU VERY MUCH FOR THE PRESENTATION.

UM, A COUPLE OF QUESTIONS.

UM, IF YOU HA HOW, UM, SO I KNOW ATLAS 14 IS TAKING A LONG TIME TO KIND OF OFFICIALLY COME ONLINE.

UM, IN THE PRESENTATION YOU WALKED THROUGH, HOW WE KIND OF, I GUESS, TOOK THE FABRIC OF YOUR FLOOD.

AND NOW IT IS THE A HUNDRED YEAR FLOODPLAIN UNTIL THOSE FLOOD PLAIN STUDIES I GUESS, ARE FINALIZED.

UM, HOW CAN WE KEEP PEOPLE IN OUR DISTRICTS UP TO SPEED ON THAT PROCESS AND HOW CAN THE GENERAL PUBLIC KIND OF STAY, STAY, STAY IN THE LOOP ON THAT? CAUSE I KNOW IT DOESN'T HIT PEOPLE'S RADARS WHEN IT TAKES YEARS TO DO.

YEAH.

UH, SO WE, YOU KNOW, WE DID A BIG OUTREACH PUSH WITH THE ATLAS 14 ORDINANCE AND WE WILL BE DOING SO AGAIN, WHEN THESE NEW STUDIES BECOME AVAILABLE, UH, WE HAVE A WEBSITE ABOUT THE PROCESS, UM, AND, UM, DON'T KNOW THE WEB ADDRESS OFF THE TOP OF MY HEAD, BUT IT, IT SHOULD BE SOMETHING THAT IS 14.

UH, THERE WE GO.

ATX FLOODPLAINS.COM AND IT HAS THE TIMELINE FOR THE STUDIES.

IT HAS UPDATES.

AND AS WE GET CLOSER IN THE PROCESS, ONCE WE HAVE LIKE FOR PRELIMINARY MAPS TO SHOW AND THINGS LIKE THAT, THE OUTREACH IS GOING TO RAMP UP AGAIN WITH CIGNA, YOU KNOW, WE'LL, WE'LL DO PUBLIC MEETINGS, WE'LL DO POSTCARD MAIL OUTS, MORE MEDIA STORIES, AND IT'S GONNA I'M, I'M SURE IT WILL RIVAL THE OUTREACH PUSH THAT WE DID WITH THE ATLAS 14 ORDINANCE ITSELF.

IT'S JUST, WE'RE IN THIS LOW PERIOD AT THE MOMENT WHERE WE DON'T REALLY HAVE ANYTHING TO SHOW PEOPLE OTHER THAN JUST TELLING THEM WE'RE WORKING ON IT AND SHOWING THEM WHAT OUR TIMELINE IS.

OKAY.

AND THOSE ARE ALL THE KIND OF, I GUESS, CREEK OR RIVER BASIN WHERE ALL HAPPENED AT THE SAME TIME, BUT MOMS WOULD COME OUT AND THEN THERE'LL BE DRAFTS.

AND THEN, AND THEN BE KIND OF PUBLIC OUTREACH AND THEN FINALIZED IS THAT RIGHT? DIFFERENT WATERSHEDS ARE GOING TO BECOME AVAILABLE AT DIFFERENT TIMES.

SOME ARE OBVIOUSLY GOING TO TAKE LONGER TO COMPLETE THAN OTHERS BASED ON SIZE, THE AMOUNT OF SERVING THAT'S NEEDED, UH, YOU KNOW, THE CONSULTANT THAT'S WORKING ON IT, ET CETERA.

OKAY.

UM, YEAH,

[00:50:01]

THAT WAS, THAT WAS MY MAIN QUESTION.

DO YOU HAVE ANYTHING ELSE? ALRIGHT, WELL, UM, I TOLD THE COMMISSIONER THAT'S ABSENT THAT I WOULD WAIT, BUT WHY DON'T YOU GO AHEAD AND READ THE MOTION.

UM, AND THEN SHE CAN ASK IF SHE HAS ANY QUESTIONS ABOUT, OKAY.

UM, ANYONE ELSE HAVE ANY MORE QUESTIONS? PARAMOR YOU GOT ANYTHING? I WILL SAY THAT, UM, UH, YOU KNOW, WE ALWAYS HAVE ENVIRONMENTAL COMMISSION, UM, CONDITIONS, AND I'M HAPPY TO RECEIVE THOSE, UM, ONLINE, IF YOU, IF YOU READ THE BACKUP MATERIALS AND YOU'RE LIKE, HEY, I THINK I'D LIKE TO INCLUDE CONDITIONED TO THIS.

JUST MAKE SURE THAT KEVIN PERRY, MYSELF AND AT LEAST KAYLA ARE INCLUDED ON THAT EMAIL CHAIN AS WELL.

SO IF YOU HAVE SOMETHING YOU WANT TO ADD, IT'S EASIER FOR ME TO, YOU KNOW, ADD IT THEN, BUT I'M HAPPY TO DO IT ON THE FLY TOO.

IF WE HAVE CONDITIONS ON SOMETHING, THAT'S A GREAT POINT.

YEAH.

JUST DON'T INCLUDE EVERYBODY ON THE EMAIL BECAUSE THEN WHEN WE GO ROLLING QUORUM.

SO IF YOU WANT TO SEND SOMETHING TO EVERYONE, JUST SEND IT TO KAYLA AND ASK HER TO DO THAT.

OH YES.

THANK YOU, MR. THOMPSON.

UM, I WAS WONDERING, I LOOKED BACK OVER MY NOTES.

UM, I MENTIONED THE FACT THAT PERHAPS THEY COULD OCCUR, CREATE AN AGREEMENT TO SAY THEY WERE AWARE OF THE RESPONSIBILITY IN THE EVENT OF FLOOD OF, UM, CLEANUP AND ARE CONTRIBUTING TO SOME SORT OF CLEANUP.

IF THEY'RE GOING TO, UM, REBUILD THEIR, I MEAN, THIS IS A COMMERCIAL, I, I DON'T THINK THIS CRITERIA WAS MET FOR THE RESIDENTIAL, BUT I'M JUST WONDERING IF WE THINK THAT'S A GOOD IDEA TO SUGGEST TO CITY COUNCIL OR IF WE JUST DO THE BEST WE CAN WHEN WE CLEAN UP, I MEAN, IT'S EXPENSIVE.

IT IS EXPENSIVE.

UM, IT'S AN INTERESTING IDEA.

I'M, I'M TRYING TO THINK OF, I DON'T, I DON'T UNDER, I DON'T HAVE AN IDEA OF MYSELF YET HOW WE WOULD ASSESS THAT FEAR, DETERMINE WHAT THAT WOULD BE, WHAT THE CON, WHAT THE FEE OR CONTRIBUTION WOULD NEED TO BE, BECAUSE IT'S OBVIOUSLY GOING TO VARY BY FLOOD EVENT AND BY THE PROPERTY, AS FAR AS, UM, W WHAT KIND OF CLEANUP IS REQUIRED.

I MEAN, AND OBVIOUSLY THESE PEOPLE ARE INCURRING, UM, THEIR OWN CLEANUP COSTS TO, YOU KNOW, WE'RE CLEANING OUT THE CREEK, BUT THEY'RE, YOU KNOW, THEY'RE POTENTIALLY GOING TO HAVE TO BE CLEANING OUT THEIR PARKING LOT.

IN THEORY, THEY SHOULDN'T BE HAVING TO CLEAN OUT THE BUILDINGS BECAUSE IT'S PROPERLY ELEVATED, BUT, UH, ONSITE, ONSITE CLEANUP, THEY WILL LARGELY BE RESPONSIBLE FOR EVEN IF THE CITY DOES OFFER SOME ASSISTANCE WITH SAY TRASH REMOVAL, YOU KNOW, DUMPSTERS, ET CETERA.

BUT, UM, BUT YEAH, I JUST, I DON'T KNOW WHAT CRITERIA STAFF WOULD BE ABLE TO USE TO COME UP WITH, UH, AN EQUITABLE FEE FOR THAT AT THIS TIME.

UH, IT'S SOMETHING WE COULD CONTINUE TO EXPLORE IF YOU WISH.

CAN I, CAN I ASK A QUESTION ON YOUR QUESTION? ARE YOU THINKING, LIKE THERE WOULD BE A POOL THAT EVERYBODY PLAYED PAID INTO THAT IS WITHIN THE FLOOD PLAIN, THAT'S A COMMERCIAL, UM, IN THE FLOOD PLAIN, AND THAT THEY WOULD PAY INTO SOME SORT OF CLEAN UP POOL.

IS THAT KINDA WHAT YOU'RE THINKING? UM, I REALLY HADN'T.

I, I HADN'T FORMED AN IDEA.

I JUST KNOW IN A WAY I WAS HOPING THAT IT WOULD LIMIT DEVELOPMENT OF THINGS LIKE, UM, OKAY.

SAY THEY MAKE RUBBER DUCKIES.

I MEAN, IF IT FLOODS, THERE'S GOING TO BE A MILLION RUBBER DUCKIES DOWN THE, YOU KNOW, THE CREEK AND JUST GOING ON FOR INFINITY.

I MEAN, AND SO THAT MIGHT BE SOMETHING THAT WOULD BE FAIRLY HARMLESS.

UM, NOW IF THEY MADE SOMETHING ELSE AND IT CAUSED A GREAT DEAL OF, I MEAN, I KNOW YOU, DO YOU SEE WHAT I'M SAYING? THERE'S, THEY'VE ALREADY LIMITED THE DEVELOPMENT OF CERTAIN, UH, THINGS, BUT I'M JUST SAYING THERE ARE CERTAIN THINGS THAT THEY MIGHT BE INCENTIVIZED TO NOT DO IN THAT PARTICULAR AREA IF THEY HAD TO FORM SOME SORT OF AGREEMENT.

SO THAT'S JUST MY THOUGHT THAT IT WOULD LIMIT DEVELOPMENT TO THINGS THAT I THOUGHT WOULD BE, UM, NOT FINANCIALLY UNFEASIBLE FOR THEM, BECAUSE THE CLEANING UP THE CREEK IS MEAN THE WATER QUALITY, EVERYTHING IS JUST SO DIFFICULT AFTER A FLOOD.

AND I DUNNO, AND I THINK, I THINK THE POTENTIAL DANGER WITH THAT WOULD BE, YOU COULD DISINCENTIVIZE SOMEBODY FROM REDEVELOPING.

SO SAY YOU HAD AN EXISTING RUBBER DUCK FACTORY IN THE FLOOD PLAIN.

AND WE HAD A FLOOD AND THERE WERE FOUR FEET OF WATER.

[00:55:01]

AND YEAH, WE HAD ALL THOSE DUCKS IN THE CREEK AND THEY'RE NOT BOUND BY THIS AGREEMENT BECAUSE THEY DIDN'T REDEVELOP.

AND, BUT IF THEY SAID, HEY, WE WANT TO REDEVELOP.

AND THE FACTORY IS GOING TO BE TWO FEET ABOVE THE A HUNDRED YEAR FLOOD, PLAIN, WHERE IN THEORY, WE'RE NOT GOING TO GET ANY DUCKS IN THE CREEK.

AND WE SAID, OKAY, YOU STILL HAVE TO PAY IN CASE THEY GET IN THE CREEK.

DOES THAT DISINCENTIVIZE THEM AND ENCOURAGE THEM TO AGAIN, KEEP THE EXISTING FACTORY WITH THE KNOWN RISK.

SO THAT WOULD BE THE CONCERN WITH THAT.

UM, IT ALSO, AGAIN, I WOULD, I WOULD REMIND YOU, WE, WE DID WORK WITH THE FIRE MARSHALL TO COME UP WITH CERTAIN USES, LIKE INDUSTRIAL, THAT WE DO NOT WANT TO HAVE IN THE FLOOD PLAN, EVEN USING THIS EXCEPTION SPECIFICALLY FOR THAT REASON TO TRY AND MINIMIZE MATERIALS THAT COULD REPRESENT A REAL HAZARD IF THEY WERE TO SOMEHOW COME IN CONTACT WITH FLOOD WATER.

OKAY.

THANK YOU.

ALL RIGHT.

YES.

UM, IF I MAY, I THINK IF I REMEMBER CORRECTLY, WHEN WE, I WAS ON THE PLATTE MEDICATION TASK FORCE AND WE MADE RECOMMENDATIONS ON SOME PRECAUTIONS TO TAKE AS INCLUDING FOR BUSINESSES.

UM, SO I KNOW WATERSHED PROTECTION HAS DONE EDUCATIONAL, UM, YOU KNOW, I GUESS, YOU KNOW, SERVICES OR WHATEVER, TOO.

AND SO MAYBE THOSE NEW D NEW REDEVELOPED INDIVIDUALS, ESPECIALLY IF THEY'RE BRAND NEW TO AUSTIN, MAYBE THEY, WE NEED TO MAKE SURE THAT THEY GET NEW INFORMATION ON WHAT TO DO TO PROVE IN, YOU KNOW, FLOOD PREPAREDNESS STRATEGIES.

SO THAT COULD BE INCLUDED IF THEY'RE, ESPECIALLY IF THEY'RE BRAND NEW TO AUSTIN AND ARE NOT AWARE OF THE FLASH FLOOD RISKS THAT ARE IN PLACE.

SO THAT COULD BE SOMETHING WE COULD DO.

YEAH.

AND OUTREACH IS VERY IMPORTANT, BOTH FOR PEOPLE OWNING PROPERTIES IN THE FLOODPLAIN AND FOR FOLKS THAT MAY NOT LIVE IN THE FLOOD PLAIN, BUT DON'T UNDERSTAND THE FLOOD RISK WE HAVE IN THIS CITY AS THEY'RE OUT AND ABOUT ENJOYING THE TOWN.

FOR SURE.

I REMEMBER.

CAN I ASK, I HAVE ONE CLARIFYING QUESTION NOW.

UM, SO FOR THE HIGH HAZARD FACILITIES, SUCH AS AN INDUSTRY INDUSTRIAL PLANT THAT YOU WERE TALKING ABOUT, YOU KNOW, HYPOTHETICAL, SO, UH, WILL YOU PLEASE CLARIFY? SO THERE, THEY CAN KEEP THEIR, FOR THE CURRENTLY THERE, THEY WILL JUST REMAIN THERE UNTIL THEY EITHER OUTGROW THE BUILDING OR THE BUILDING NEEDS RENOVATION AND CORRECT.

CORRECT.

WE'RE NOT, WE'RE NOT GOING TO BE USE OF THEIR EXISTING BUILDING.

YOU'RE, YOU'RE ALLOWED TO MAINTAIN THAT USE.

YOU'RE JUST PROHIBITED, UH, FROM ANY ALTERATION OR CHANGE THAT INCREASES THE NON-CONFORMITY.

BUT IF YOU HAVE AN EXISTING NON-CONFORMING BUILDING, YOU CAN MAINTAIN IT.

AND SO THAT'S KIND OF, AND THAT'S, THAT'S WHAT WE'RE LOOKING AT WHEN WE SEE LIKE, OKAY, WE HAVE THESE EXISTING BUILDINGS WITH THIS RISK THAT DON'T MEET CURRENT ANY OF OUR CURRENT RULES.

AND THIS IS ABOUT PROVIDING THEM AN OPTION THAT'S MAYBE LESS OUTRAGEOUS THAN GOING TO COUNCIL TO BE ABLE TO MAKE THAT PARTICULAR SITE SAFER.

AND IF THEY WERE WANTING TO REDEVELOP IN A WAY THAT EXPANDED THE USE BY MAKING IT A LARGER BUILDING OR SOMETHING LIKE THAT, THAT'S WHEN THEY WOULDN'T QUALIFY FOR THIS.

AND THEY WOULD STILL HAVE TO GO BACK TO CITY COUNCIL AND SEEK THAT VARIANCE.

BUT THIS IS ABOUT AGAIN, FINDING A WAY TO REDUCE THOSE NUMBER OF BUILDINGS LIKE YOU'RE TALKING ABOUT THAT ARE EXISTING AND ARE THERE THAT CAN JUST CONTINUE TO BE UNTIL THE LIFE OF THE BUILDINGS OUT HENRY MADE THIS MOTION.

OKAY.

UM, COMMISSIONER SCOTT, JUST ADD INTO WHAT YOU'RE, UM, DISCUSSING, UM, IT'S KIND OF A FIELD THAT I'M FAMILIAR WITH.

I'M NOT IMAGINING THAT WE HAVE BRILLIANT MANUFACTURER OR, UM, OR SOMEONE WITH, UH, UM, UH, BUT MAYBE, I MEAN, THERE ARE A LOT OF, UM, HEAVY METALS THAT WE REALLY WOULD NOT WANT TO BE CONTAMINATED THE RIVER.

I MEAN, SHOULDN'T WE BE ALLOWING, UM, SHOULD WE SURVEY WHAT'S WHAT'S THERE? AND, UM, I MEAN, I THINK IT COULD, SOME, SOME THINGS, IF THEY ARE HAZARDOUS COULD GET INTO THE WATERWAYS AND, UH, PARTICULARLY, UH, SOME OF THE HEAVY METALS AND SOME OF THE, IN SOME, OF COURSE, SOME TOXIC CHEMICALS, UH, THAT, WELL, IT'D BE IMPOSSIBLE TO REALLY CLEAN.

UM, JUST, IT WOULD BE, UM, WE JUST, UH, MERCURY THINGS LIKE THAT ARE JUST ONCE THEY, ONCE THEY GET OUT OF THE BOX, YOU CAN'T GET THEM BACK IN.

UM, I MEAN, WOULD IT BE REASONABLE TO, UM, TO SURVEY, TO SEE WHAT IS THERE THAT WE DON'T HAVE HAVE, UH, UH, THOSE EXISTING

[01:00:01]

IN, AND THAT THEY'RE AWARE OF THE RISK IF, CAUSE THEY MAY OR MAY