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[00:00:06]

UM, 6 0 1.

[CALL TO ORDER]

LET'S CONVENE THIS REGULAR MEETING OF THE ENVIRONMENTAL COMMISSION AT SEPTEMBER 7TH, 2022 6:00 PM.

WE'RE AT 63 10 WILHELMINA DELCO DRIVE.

UM, ENVIRONMENTAL COMMISSION.

LET'S DO ATTENDANCE.

UM, WE'RE GONNA GO REMOTE FIRST.

COMMISSIONER THOMPSON HERE.

THANK YOU.

UH, VICE CHAIR, BEDFORD HERE.

COMMISSIONER CORRECTION HERE, SHERA HERE.

SECRETARY BRISTOL HERE.

NICHOLS HERE.

AARY HERE.

BRIER HERE.

NOTED HERE.

YOU'RE GOOD.

UH, AND THIS IS BERG.

I'M HERE TOO.

UM, ALRIGHT, LET'S

[1. Approval the minutes of the Environmental Commission Regular Meeting on August 17, 2022, and the Environmental Commission Special Called Meeting on August 31, 2022]

GO TO REVIEWING THE MINUTES OF THE PAST TWO MEETINGS.

UM, WE HAD, OH, WE GOT ONE MORE.

I THINK YOU'RE UP HERE FRONT AND CENTER.

SO WHAT HAPPENS IN YOUR SHOW UP FOR CLASS LIGHT? UM, WE'VE GOT SOME MINUTES THAT WERE JUST DISSEMINATED, UM, WITH A FEW COM MINOR UPDATES TO VIA EMAIL.

UM, AND THEN I THINK THERE WERE SOME HARD COPIES HERE FOR THE MEETING ON THE REGULAR MEETING ON AUGUST 17TH AND ALSO THE SPECIAL CALLED MEETING ON THE 31ST.

ARE THERE ANY REVISIONS COMMENTS, QUESTIONS ABOUT THOSE BEFORE WE ENTERTAIN A MOTION TO APPROVE? I MAKE A MOTION TO APPROVE THE MINUTES.

ALL RIGHT.

IS THERE A SECOND ON BRISTOL'S MOTION TO APPROVE? OKAY.

THOMPSON'S THE SECOND MOTION TO APPROVE BOTH MINUTES.

IS THAT CORRECT? THAT'S CORRECT.

ALL RIGHT.

ALL THOSE IN FAVOR.

RAISE YOUR HAND.

CAUSE THAT MAKES IT EASIER FOR ME.

1, 2, 3, 4, ALL THOSE OPPOSED.

ALL RIGHT.

WE GOT EVERYBODY AND IT LOOKS LIKE NICKELS ABSTAINED.

ALL RIGHT.

THOSE BOTH PASS.

THANK YOU GUYS.

ALL RIGHT.

WE'VE GOT A PRETTY FULL AGENDA TODAY.

UM, WE'VE GOT A COUPLE PUBLIC HEARINGS AND A DISCUSSION ITEM ON THE CODE AMENDMENT.

UM, SO, UH, I'M GONNA ASK EVERYBODY TO TRY TO GET ORGANIZED ON YOUR QUESTIONS AND IF, IF POSSIBLE, LET'S JUST TRY TO DO ONE FULL ROUND OF QUESTIONS ON EACH OF THESE.

AND THEN WE CAN CIRCLE BACK FOR A SECOND ONE, BUT I, I FEEL LIKE IT'S GONNA BE A, A FULL NIGHT TONIGHT, SO WE'LL GET, WE'LL GET CRANKING, UM, AGENDA ITEM

[2. Name: Shoal Cycle, SP-2021-0350C]

NUMBER TWO, SHOW CYCLE SP 2021 DASH 35 C AT EIGHT 12 WEST 11TH STREET.

UM, DO WE HAVE SOME SPEAKERS? THAT'S NOT THIS WE'RE GONNA HAVE A STAFF PRESENTATION, I BELIEVE FIRST.

AND THEN, UM, THE APPLICANT, UH, CAN SPEAK AS WELL.

HEY THERE, COMMISSIONERS.

UM, GOOD TO SEE YOU ALL.

UH, MY NAME IS NAOMI ROEL CITY ARBORIST OF AUSTIN, TEXAS DEVELOPMENT SERVICES DEPARTMENT.

UH, TODAY IS A REQUEST FOR A HERITAGE TREE REMOVAL.

UM, THE NUMBER IS SCH CYCLE S P 20 21 0 3 5 0 C.

UH, NEXT SLIDE.

UM, THE NAME OF THE APPLICANT IS C J I PROPERTIES.

UM, THE LOCATION IS ON 812 WEST 11TH STREET, UH, DISTRICT NINE.

UM, AND IT'S THE HERITAGE TREE ORDINANCE UNDER THE LAND DEVELOPMENT CODE LDC 25 8 6 41.

THE APPLICANT IS SEEKING TO REMOVE A HERITAGE TREE WITH A SINGLE STEM OVER 30 INCHES IN DIAMETER.

THE REQUEST MEETS THE CITY ARBOR'S APPROVAL CRITERIA SET FORTH AN L D C 25 8 6 2 4 A TWO.

THE VARIANCE IS RECOMMENDED.

NEXT SLIDE.

UH, OUR PRESENTATION CONSISTS OF REASONABLE USE.

WE'LL GO OVER THE HERITAGE TREE CODE CRITERIA, THE PROJECT DESCRIPTION, EXCUSE ME, THE ZONING SITE CONSTRAINTS, TREE EVALUATION, AND FINALLY STAFF RECOMMENDATIONS.

NEXT SLIDE PLEASE.

UH, THE HERITAGE TREE CODE CRITERIA, THE VARIANCE REQUEST IS TO ALLOW REMOVAL OF A HERITAGE TREE WITH A STEM GREATER THAN 30 INCHES.

THAT'S ALLOWED UNDER LDC 25 8 6 4 3 AND 25 8 6 2 4 8 2.

UM, THAT'S THE LAND USE COMMISSION VARIANCE.

THE LAND USE COMMISSION MAY

[00:05:01]

GRANT VARIANCE FROM SECTION 2, 5 8 6 4 1 REMOVAL PROHIBITED TO ALLOW THE REMOVAL OF A HERITAGE TREE THAT AT LEAST ONE STEM 30 INCHES LARGER IN DIAMETER MEASURED AT FOUR AND A HALF FEET ABOVE NATURAL GRADE, RIGHT HERE ONLY AFTER DETERMINING BASED ON THE CITY ARBORIST RECOMMENDATION THAT THE HERITAGE TREE MEETS THE CRITERIA IN 25, 8 64 A THAT THE APPLICANT IS HAD SUPPLIED OR DENIED A VARIANCE WAIVER EXEMPTION MODIFICATION OR ALTERNATIVE COMPLIANCE FROM ANOTHER CITY CODE PROVISION, WHICH WOULD ELIMINATE THE NEED TO REMOVE THE HERITAGE TREE AS REQUIRED IN SECTION 25, 8, 6 46, VARIANCE PRERECORD SINCE AND UNDER THE LAND DEVELOPMENT CODE 25 8 6 24 APPROVAL CRITERIA.

THE PLANNING DEVELOPMENT REVIEW DEPARTMENT MAY APPROVE AN APPLICATION TO REMOVE A PROTECTED TREE ONLY ADAPT OR DETERMINING THAT THE TREE PREVENTS REASONABLE USE.

SO THAT SECTION FOR A PROTECTED TREE, IT'S ALSO LINKED UP TO THE ENVIRONMENTAL OR TO THE COMMISSION SIZE TREE.

NEXT SLIDE.

UH, WE'LL GO OVER THE PROPERTY DESCRIPTION.

THE SUBJECT IS PROP.

THE SUBJECT PROPERTY IS LOCATED AT 812 WEST 11TH STREET.

THE LOT SIZE IS 0.4052 ACRES.

IT'S A VERY SMALL LOT AND IT'S ZONED DOWNTOWN MIXED USE WITH A CONDITIONAL OVERLAY DMU CO COMBINED DISTRICT.

AND WE'LL GET INTO THAT LATER.

THE PROPERLY IS LOCATED IN NORTHEAST SUB DISTRICT OF THE DOWNTOWN AUSTIN PLAN.

SUBJECT TO THAT.

THE SIDE IS CURRENTLY BEING OPERATED AS AN OFFICE BUILDING WITH ASSOCIATED TRUCK UNDER IN SERVICE PARKING.

THE PROPOSED USE IS FOR A 67 UNIT WORKFORCE MULTI-FAMILY PROJECT AND 3,500 SQUARE FEET OF ON GROUND FLOOR RETAIL.

AND THE APPLICANT WILL GO INTO WORKFORCE.

AND WHAT THAT IS, THE APPLICANT REQUESTED A PREDEVELOPMENT SITE CONSULTATION WITH THE CITY ARBORIST MYSELF.

UH, BACK IN FEBRUARY, THERE IS ONE HERITAGE LIVE OAK WITH A SINGLE SUM OF 32 INCHES IN DIAMETER THAT IS CENTRALLY LOCATED ON THE PROPERTY.

THE 32 INCH HERITAGE CON IS REQUESTED FOR REMOVAL.

NEXT SLIDE.

UH, THE ZONING, UM, THE SUBJECT PROPERTY WAS REZONED FROM LIMITED OFFICE, UH, TO DOWNTOWN MIXED USED WITH A CONDITIONAL OVERLAY AND COMBINING DISTRICT IN AUGUST, 2021.

NEXT SLIDE PLEASE, UH, FOR ZONING CODE COMPLIANCE PER THE ORDINANCE 2020 1 8 26 9 1.

THE CONDITIONAL OVERLAY REQUIRES THAT FOLLOWING CONDITIONS, THE MAXIMUM HEIGHT OF THE BUILDING STRUCTURE IS LIMITED TO 90 FEET AND ADMINISTRATIVE AND BUSINESS OFFICES.

LAND USES IS A CONDITIONAL USE ABOVE THE GROUND FLOOR OF A BUILDING UPON REZONING.

THE PROPERTY.

AN ADDITIONAL REQUIREMENT WAS AGREED UPON UNDER THE RESTRICTED COVENANT'S 20 21 11 9 1 1 1 9 9 3 82.

THAT INCLUDES STREET SCAPE IMPROVEMENTS ALONG WEST 11TH, TO BE CONSISTENT WITH THE CITY OF AUSTIN, GREAT STREETS STANDARDS, WHICH REQUIRES AT LEAST AN 18 FOOT SETBACK ALONG THE STREET.

NEXT SLIDE, PLEASE.

WE GO INTO MORE SITE CONSTRAINTS.

THE PROPERTY IS LOCATED AND A PORTION OF DOWNTOWN AUSTIN THAT IS INELIGIBLE FOR PARTICIPATION IN THE DOWNTOWN DENSITY PROGRAM.

HOWEVER, THE RESTRICTED COVENANT REQUIRES AN 18 FOOT SETBACK ALONG THE WEST 11TH STREET TO ALIGN WITH GREAT STREET STANDARDS.

THERE'S A FIVE FOOT SETBACK, EXCUSE ME, REQUIRED ALONG THE NORTH NORTHERN EASTERN WESTERN PROPERTY LINES FOR DEPARTMENT ACCESS FOR FIRE DEPARTMENT ACCESS.

THE 32 INCH LIVE OAK IS ESSENTIALLY LOCATED ON THE PROPERTY, WHICH DEFIES THE PROPERTY AND RENDERS THE SOUTHWEST PORTION.

UM, THAT'S HATCHED IN BLUE UNBUILDABLE.

NEXT SLIDE PLEASE.

UH, MORE ON SITE CONSTRAINTS AND BUILDABLE FLOOR PLATES.

UM, STAFF ASSESSED THIS WHEN WE LOOKED FOR REASONABLE USE IN ACCESS TO THE PROPERTY, THE ROOT ZONE OF THE 32 INCH HERITAGE TREE OCCUPIES ALMOST 30% OF THE ENTIRE SITE, CURRENT LOCATION RESULTS IN A REDUCTION OVER 50% OF THE GROSS SQUARE FEET OF BUILDABLE AREA, WHICH IS QUITE SIGNIFICANT PRESERVATION OF THE HALF CRITICAL ROOT ZONE WOULD RESULT IN A LOSS OF 28 UNITS OR 42% OF THE PROPOSED 67 UNITS.

AND THEN PRESERVATION OF THE FULL CRITICAL ROOT ZONE WOULD RE RESULT IN THE LOSS OF 60 UNITS ARE UP TO 91% OF THE PROPOSED 67 UNITS.

NEXT SLIDE FOR MITIGATION.

UM, MITIGATION IS SPELLED OUT IN THE ENVIRONMENTAL

[00:10:01]

CRITERIA MANUAL.

THE ENVIRONMENTAL CRITERIA IS THE RULES THAT SUPPORTS THE LAND DEVELOPMENT CODE.

UM, THE STANDARD FOR A HERITAGE TREE IS 300% MITIGATION AND THAT'S $200 AN INCH MITIGATION FOR THE SITE SHALL BE ADDRESSED BY PLANTING TWO, FIVE INCH CALIBER LIVE OAKS TO BE PLANTED WITHIN THE IMPROVED STREET SCAPE WITH ADEQUATE SOIL MASS TO ENSURE SURVIVABILITY AND PAYING 18,500 INTO THE URBAN FORESTRY REPLENISHMENT FUND.

NEXT SLIDE.

UH, WE DID A CONDITION EVALUATION OF A TREE AND STAFF REQUESTED A ADVANCED ASSESSMENT OF THE TREE AND A TREE RISK, UM, REPORT.

AND THEN BY TREE RISK QUALIFIED ARBORIST, UM, THE TREE WAS ASSESSED BY CITY STAFF ON FEBRUARY 16TH, 2022 STAFF FOUND IT THAT IT NOT DID NOT MEET THE CODE CRITERIA AS DEAD DISEASE AND IMMINENT HAZARD FOR REMOVAL UNDER 25 8, 6 42.

AT THE TIME OF PREVIOUS APPLICATIONS, THE MEASUREMENTS WAS 32 INCHES OF A LIVE OAK.

THE CANOPY HAD, WE HAD SOME CONCERNS ON THE CANOPY, HAD A ASYMMETRICAL CROWN, VERY THIN CEROTIC.

UM, I THINK IT'S PROBABLY, UH, DUE TO NIRI DEFICIENCY AND WHERE IT'S GROWING HAD COPIOUS AMOUNTS OF EPITHETIC BALLAL MOS.

UM, BALL MOSS IS NOT NECESSARILY PARASITIC, BUT WITH A LOT OF BALL MOS IN A TREE SLOWLY ADVANCED SCENE, UM, THE TREE IS DECLINE IN DECLINE.

UM, THERE WAS MODERATE DECAY, PRESIDENT, THREE DIFFERENT VERTICAL PLANES WITHIN THE TREE, AND THAT THE ESTIMATES WERE 22 TO 24% LOST IN STRUCTURAL INTEGRITY OF THE TREE AND THE LARGE DECAY PROJECTS ON THE UPPER SIDE OF TWO SCAFFOLDING LIMBS WERE OBSERVED.

AND I'LL SHOW YOU THE TOMOGRAPHY REPORT, UM, IN A FUTURE SLIDE, UM, PART OF THE ROOT SYSTEM, 95% OF THE CRITICAL ROOT ZONE IS IMPACTING BY IMPERVIOUS CONCRETE PAVEMENT AND THE BUILDING ENVELOPE, UM, CHLOROSIS IN THE CANOPY WAS AGAIN, LIKELY DUE TO IMPERVIOUS COVER AND THE OVERALL CONDITION WAS FAIR TO FAIR CONDITION, POOR STRUCTURE, AND IT WAS DETERMINED A MODERATE RISK DETERMINATION THROUGH A TREE RISK ASSESSMENT, UH, QUALIFIED ARBORIST.

UM, NEXT SLIDE PLEASE.

SO WE'LL GO TO THE TREE STRUCTURE, WHICH IS ACTUALLY VERY IMPORTANT.

UM, THERE WAS VERY LARGE, UH, POCKET OF DECAY IN ONE OF THE LARGE SCAFFOLDING BRANCHES THAT OVERHANGS THE PARKING LOT.

UM, IT'S PROBABLY FROM AN OLD PRUNING WOUND, BUT IT'S STILL PRETTY, IT'S STILL VERY DECAY.

UM, MITIGATION WOULD BE POSSIBLY DECAY EMBRACE THIS TREE, BUT IT IS NOT RECOMMENDED, UM, DUE TO THE AMOUNT OF DECAY IN THE TREE AND THE LOAD ON THAT WEIGHT.

UM, SO NEXT SLIDE PLEASE.

AND THEN ON THE EASTERN STEM, THERE WAS A ON TOP OF THE STEM, THERE WAS ANOTHER LARGE DECAY POCKET, UM, AND OF COURSE YOU HAVE THE TARGETS CURRENTLY OF THE CARS AND PEDESTRIANS UNDERNEATH, UH, NEXT STEM NEXT STEM, NEXT SLIDE PLEASE.

UM, ONE THING ABOUT THE TREE STRUCTURE, IT WAS VERY UNBALANCED, UM, DUE TO IT GROWING RIGHT UP NEXT TO A BUILDING PART OF THIS WE LOOK AT IS ARBORIST IS LIKE THE ASYMMETRY, BUT WE ALSO LOOK AT THE LOAD ON THE DEFECT.

WE LOOK AT THE LOAD ON THOSE DECAY BRANCHES AND THE LOAD ON THAT LEAN.

UM, SO WE FOUND IT TO HAVE AN IMBALANCE CROWN, AND LIKE I SAID, A HIGH LOAD ON TOP OF AN ASYMMETRICAL BRANCHING STRUCTURE, TRUNK STRUCTURE.

NEXT SLIDE PLEASE.

UM, AS MENTIONED BEFORE, THE THERAN P WAS VERY THIN.

UM, I SAW VERY COPIOUS AMOUNTS OF EPIT BALLAL MO AND CLAES IS IN THE LEAVES.

NEXT SLIDE PLEASE.

UM, STAFF REQUESTED AND ADVANCED ASSESSMENT ON THAT TREE, MEANING THAT WE ARE NOT GOING UP AND CLIMBING OR USING OUR INSTRUMENTS.

UM, WE DO REQUEST THIS WHEN, UH, A TREE IS SOMETIMES WHEN A HERITAGE TREE IS, UM, PROPOSED TO BE REMOVED.

UH, PART OF THE KIND OF SOUND WAVES THAT GO THROUGH THE TREE TELLS US HOW DENSE THE TREE IS AND WHETHER THERE ARE POCKETS OF DECAY.

UM, ON THIS TREE, THEY WERE MEASURED AT THREE DIFFERENT POINTS ON THAT TREE AND EACH DIFFERENT POINT HAD ANYWHERE FROM 22 TO 24% OF, UM, COMPROMISED, STRUCTURAL INTEGRITY, MEANING POCKETS OF DECAY.

NEXT SLIDE PLEASE.

UH, STAFF RECOMMENDATION, THE CITY ARBOR RECOMMENDS THE REMOVAL OF THE TREE DUE TO THE APPLICANT, DEMONSTRATING THAT THE TREE PREVENTS

[00:15:01]

REASONABLE USE AND ACCESS TO THE SITE BASED UPON THE TREE LOCATION ZONING SITE CHARACTERISTICS, AND THE PROPOSED USE.

THE CITY HARBOR BELIEVES THAT THE APPLICANT HAS PROVIDED SUFFICIENT EVIDENCE THAT LDC 25 8 6 2 4 82 HAS BEEN MET FURTHER.

THERE DOES NOT TO BE APPEAR TO BE ANY WAIVERS, VARIANCES, MODIFICATIONS OF CODE THAT WOULD ALLOW THE DEVELOPMENT CONCURRENT WITH THE PRESERVATION OF THE TREE EARLY IN THE DESIGN PHASE.

UM, THE APPLICANT MET WITH SCHUL CREEK CONSERVANCY AND PARED FOR A SUITABLE LOCATION TO TRANSPLANT THE TREE, BUT WAS DENIED A LOCATION BASED ON HEALTH AND WHETHER OR NOT THAT TREE WOULD SURVIVE.

UM, WE REQUESTED A TRANSPLANT FEASIBILITY STUDY.

UM, IT'S ONE OF THE FIRST QUESTIONS.

WHY CAN'T YOU TRANSPLANT THE TREE? UH, THIS IS A VERY SMALL SPACE.

UM, THE TRANSPLANT FEASIBILITY STUDY CAME BACK.

UH, THE TREE MOVER WAS NOT COMFORTABLE WITH MOVING THE TREE DUE ITS CONDITION.

AND, UM, SOMETIMES WHEN YOU REMOVE A TREE THAT'S BEEN SOLELY IMPACTED AND CONCRETE AND STUFF, THE FILL IN THAT DOES NOT STABILIZE THE ROOT BALL.

SO THE TREE COMPANY WAS NOT COMFORTABLE WITH MOVING THE TREE AND THAT'S IN A SEPARATE TRANSPLANT FEASIBILITY ANALYSIS.

UM, AND THEN, THEN LAST POINT APPLICANT HAS DEMONSTRATED THAT DUE TO THE POOR HEALTH OF THE TREE, RELOCATION IS NOT FEASIBLE.

AND THAT'S THE END OF MY PRESENTATION.

THANK YOU.

UM, LET'S HEAR FROM THE APPLICANT AS WELL, CAUSE I THINK YOU HAVE A PRESENTATION, CORRECT? UH, MR. ANDERSON, UH, AND THEN WE'LL GO AROUND FOR QUESTIONS FOR, FOR STAFF, UH, AND OR THE APPLICANT.

THANKS, NAOMI.

PLEASE STATE YOUR NAME AND THEN, UM, YOU SHOULD BE PULLING UP YOUR SLIDES.

THANK YOU, CHAIR RAMER COMMISSIONERS.

MY NAME IS DAVE ANDERSON HERE ON BEHALF OF THE APPLICANT AND THE DEVELOPER.

I DON'T COME, UM, OFTEN TO ENVIRONMENTAL COMMISSION AND CERTAINLY DON'T COME OFTEN WITH HERITAGE TREE REMOVALS BECAUSE I THINK IT'S A BIG DEAL.

UM, WE'VE WORKED WITH STAFF FOR OVER TWO YEARS TRYING TO FIGURE OUT IF THERE WAS A WAY TO SAVE THE TREE, TO WORK AROUND THE TREE, TO TRANSPLANT THE TREE AND WE'VE COME UP WITH NO OTHER OPTION.

AND, UH, MY SLIDES ARE GONNA BE VERY SIMILAR TO NAOMI'S.

AND SO I'M JUST GONNA HIT A COUPLE OF HIGHLIGHTS.

SO IF YOU'LL JUST, UH, FOLLOW MY QUEUE, UM, NOW WE TALKED A LOT ABOUT THIS, BUT, BUT, UM, I WANT TO JUST HIGHLIGHT THE PREVIOUS USE OR THE YEAH, THE EXISTING USE.

IT'S A TWO-STORY OFFICE BUILDING OVER A PARKING LOT.

UM, THE APPROVED USE AT COUNCIL, UM, DURING THE REZONING WAS 70, UH, MARKET RATE, AFFORDABLE UNITS DURING THE DESIGN PROCESS, THAT'S BEEN REDUCED A LITTLE BIT, BUT I THINK COUNCIL WAS VERY, VERY, UM, DIRECT IN THEIR DESIRE FOR WHAT THEY WANTED TO HAPPEN ON THIS PROPERTY.

WE ALL IN THIS ROOM KNOW THAT THAT HOUSING IS A BIG ISSUE.

UH, AND CERTAINLY THE CREASE BETWEEN PROVIDING HOUSING AND ENVIRONMENTAL PROTECTION IS ONE THAT YOU GUYS SEE EVERY OTHER WEDNESDAY.

RIGHT.

UM, BUT I THINK YOU SEE THAT PLAYING OUT HERE.

SO WE WANTED TO MAKE SURE THE APPLICANT TOOK TWO YEARS TO DO THEIR DUE DILIGENCE, TO MAKE SURE THAT WE WERE APPROACHING THAT FROM THIS, FROM THE RIGHT PERSPECTIVE, A HUNDRED PERCENT OF THE UNITS ARE THREE BEDROOM UNITS.

A HUNDRED PERCENT OF THE UNITS ARE THREE BEDROOM UNITS.

SO THINK FAMILIES, UM, TARGET RENTS ARE 40% LESS THAN, UH, THAN CURRENT STUDIO, UH, RENTAL RATES.

AND IT'S A HUNDRED PERCENT AFFORDABLE, UM, BY THE STANDARDS LISTED.

WHAT THAT MEANS IS EVERY UNIT IS AFFORDABLE AT SOME LEVEL AND IT'S AFFORDABLE FOR THREE BEDROOM UNITS.

UH, IT'S A UNIQUE PROJECT AND I'LL TALK ABOUT THE UNIQUENESS AND WHY THAT'S APPLICABLE TO THIS PROJECT SHORTLY.

NEXT SLIDE PLEASE.

UM, I SHOULD HAVE GONE TO, TO PRESENTATION SCHOOL CAUSE THERE'S TOO MUCH ON THIS ONE.

I CAN'T READ IT.

UH, LET ME HIGHLIGHT HERE.

THERE'S BEEN 10 PLUS YEARS OF PLANNING ABOUT GETTING FOLKS OUTTA CARS, CHANGING THE MODE OF TRANSPORTATION IN AUSTIN, RIGHT? THAT'S FOR CONGESTION, THAT'S FOR WORKFORCE DEVELOPMENT, BUT IT'S ALSO, IF YOU THINK BACK, IT'S ALSO TO AIR QUALITY, RIGHT? NON-ATTAINMENT ATTAINMENT MEMBER IN THE NINETIES AND THE EARLY TWO THOUSANDS, WE WERE ALWAYS BUMPING UP AGAINST THE, UH, THE NON-ATTAINMENT FOR, FOR, FROM AN AIR QUALITY PERSPECTIVE.

THIS PROJECT AIMS TO ADDRESS

[00:20:01]

THAT BY GETTING PEOPLE OUT OF THEIR CARS, THIS IS A PROJECT THAT'S FOCUSED ON GETTING PEOPLE OUT OF THEIR CARS.

SO NOT ONLY DOES IT HAVE A PLANNING BENEFIT, BUT IT HAS A DEMONSTRABLE ENVIRONMENTAL BENEFIT TALKED A LITTLE BIT ABOUT ZONING.

UM, NO LOSS OF EXISTING HOUSING UNITS, THE ORIGINAL ZONING CASE THAT WENT TO COUNCIL.

JEN, WHAT WAS THAT? SIX MONTHS AGO, NINE MONTHS AGO, LAST AUGUST, GOSH, A YEAR AGO NOW, UM, HAD 70 UNITS OF 53 PARKING SPACES.

THE CURRENT PROJECT AS DESIGNS HAVE CHANGED AND WE'VE TRIED TO WORK AROUND THE TREE.

AND SECOND STRAITS WOULD COME IN AS 67 UNITS AND FIVE PARKING SPACES.

THIS IS REALLY FOCUSED ON GETTING PEOPLE OUTTA THEIR CARS.

UH, THERE, THERE ARE, UH, AN INCREDIBLE NUMBER OF BICYCLE PARKING SPACES, BUT NOT VERY MANY CAR PARKING SPACES.

UH, THE DESIGN, UH, HIGHLIGHTS THERE.

UM, THE APPLICANT HAS SPENT FOUR PLUS 5, 5, 6 MONTHS IN THERE TRYING TO FIGURE OUT DESIGNS THAT WOULD WORK AROUND THE TREE AND WE JUST COULDN'T GET THERE AND STILL MEET THE OBJECTIVES THAT COUNCIL HAD AS FAR AS REZONING THE PROPERTY AND THE NUMBER OF UNITS THAT THEY WANTED.

NEXT SLIDE.

I THINK NAOMI HAS TOUCHED ON ALL OF THIS, UM, 95% OF THE CRITICAL ROOT ZONES UNDER ASPHALT, 40% OF THE TREE CANOPIES MISSING MAJOR LIMB DECAY IN THE WEST STEM LI DECAY IN THE EAST STEM, MODERATE DECAY ON THE, THE MAIN STEM THROUGH THE SONIC TOMOGRAPH, UH, THREE DIFFERENT LOCATIONS.

SO IT'S IN ROUGH SHAPE AND THE START OF THE, THE, UM, CONFLICT BETWEEN THE BUILDING AND THIS TREE WAS 1981.

SO YOU CAN IMAGINE A SLOW DECLINE.

UH, THE OWNERS ARE THERE AND I KNOW THEY WORKED THEIR TAIL OFF TO TRY TO PRESERVE THE TREE OVER THE YEARS.

UH, AND, AND JUST BECAUSE OF THE SITUATION, WHEN THEY GOT IT, THE TREE WAS THERE, THE BUILDING WAS THERE.

IT'S BEEN A, IT'S BEEN A TOUGH, TOUGH SLOG.

UH, NEXT SLIDE PLEASE.

UM, WE'VE COVERED ALL OF THESE NEXT SLIDE COVERED ALL OF THESE.

YOU'VE SEEN ALL OF THESE PHOTOS.

YOU'VE SEEN ALL OF THESE IMAGES AND YOU'VE CERTAINLY HAVE HEARD FROM THE PROFESSIONAL ARBOR STAFF, WHAT THEIR RECOMMENDATIONS ARE.

UH, NEXT SLIDE, WE SHOULD BE ONTO RISK AND TRANSPLANTING.

SO WHEN WE EVALUATED WHAT TO DO, WE LOOKED AT THE HEALTH OF THE TREE.

DO WE KNOW WHAT THE TRUE HEALTH OF THE TREE IS? OKAY.

LET'S FIGURE THAT OUT, SPENT A LONG TIME DOING THAT MONTHS AND MONTHS AND MONTHS.

OKAY.

IS IT POSSIBLE TO TRANSPLANT THE TREE? LET'S SEE, WHO MIGHT TAKE IT? WE WENT TO SHO CREEK CONSERVANCY.

UH, WE WENT TO PAR, NEITHER OF THEM WOULD TAKE IT BASED ON THE CONDITION OF THE TREE.

SO THEN WE SAID, MAN, LET'S GET A PROFESSIONAL.

WHO, WHO RELOCATES A TRANSPLANT'S TREES FOR A LIVING JOHN HILLIS WITH EDI WHO PROBABLY DOES WHAT? 80% OR 90% OF THE TREE RE RELOCATIONS IN AUSTIN.

UM, HE JUST DID IT SUCCESSFULLY TRANSPLANTED A 55 INCH LIVE OAK, UH, INCREDIBLE.

HE SAID, IT'S JUST NOT IN GOOD ENOUGH SHAPE TO DO SO.

WE'RE LIKE, OKAY, WHAT DO WE DO? NEXT SLIDE.

CAN WE, COUNCIL IS VERY DIRECT UP TO 70 UNITS, RIGHT? WE WANT HOUSING HERE.

WE WANT THE KINDS OF UNITS THAT WE TALKED THAT I TALKED ABOUT EARLIER, THREE BEDROOM, NO PARKING.

UM, CAN WE MAKE THAT WORK? AND THE, THE, THIS JUST TALKS AND, AND, UH, CITY ARBORIST WENT THROUGH THESE FACTS, BUT I THINK THE, THE TAKEAWAY HERE IS WE TRIED TO FIGURE OUT HOW TO GET A FEASIBLE PROJECT THAT WOULD ACCOMMODATE THE TREE.

WE COULDN'T GET THERE.

COULDN'T GET THERE.

NEXT SLIDE.

PLEASE LOOKED AT THOSE NEXT SLIDE.

PLEASE TALKED ABOUT MITIGATION.

I THINK A TAKEAWAY HERE IS, UM, THROUGH WORK WITH OUR CITY ARBORIST OFFICE, WE HAD MOSTLY MOUNTAIN LAURELS.

WHAT WE DID IS WE NOT ONLY ADDED LIVE OAKS BACK TO THE MITIGATION, BUT WE ADDED NORMALLY WHEN YOU DO MITIGATION, YOU MIGHT PLANT TWO INCH CALIBER TREES OR THREE INCH CALIBER TREES.

WE'RE PLANTING FIVE INCH CALIBER TREES, A LITTLE BIT HARDIER, MORE EXPENSIVE THAT'S OKAY.

THE INTENT IS TO GET THE CANOPY BACK, UM, EQUIVALENT TO WHAT'S THERE TODAY WITHIN FIVE TO SEVEN YEARS.

AND BY PLANTING A LITTLE BIT MORE MATURE TREE WE'RE WE THINK WE'RE ABLE TO DO THAT.

AND STAFF IS, UM, IS SUPPORTIVE OF THAT MITIGATION STRATEGY.

IN ADDITION TO THAT, MONEY GOES INTO THE TREE CANOPY FUND, NEXT SLIDE, UM, CITY

[00:25:01]

AIST.

AND WE WENT OVER THIS IN DETAIL.

I DON'T NEED TO NEXT SLIDE SUMMARY.

THIS IS THE KIND OF PROJECT THAT COUNCIL WAS VERY SPECIFIC ABOUT WANTING WHEN THEY GRANTED THE ZONING FOR THIS TRACT, RIGHT? WE'VE GOT A BUNCH OF YEARS OF PLANNING FOR THIS KIND OF THING.

WE DID DUE DILIGENCE FOR TWO YEARS TO MAKE SURE WE KNEW THE HEALTH OF THE TREE TO SEE IF THERE WAS ANY WAY TO, UH, TRANSPLANT THE TREE, TO SEE IF THERE WAS ANY OTHER OPTION TO DESIGN AROUND THE TREE.

WE HAVE CONSTRAINTS IN HEIGHT.

WE HAVE CONSTRAINTS ON THE SIDE AND THERE'S, THERE'S NO OTHER WAY THAT WE CAN PUT TOGETHER A PROJECT LIKE THIS THAT HAS ITS OWN ENVIRONMENTAL BENEFITS, UM, WITHOUT REMOVAL.

SO WE'VE APPROACHED MITIGATION, UH, FROM A VERY ROBUST STANDPOINT IN TRYING TO RESTORE THAT CANOPY BACK WITHIN A SHORT PERIOD OF TIME, STAFF HAS SUPPORTED OUR REQUESTS.

THEY'VE WORKED WITH US HAND IN HAND FOR THOSE MANY YEARS, AND I THINK I'LL, UM, END THE PRESENTATION THERE.

THANK YOU, COMMISSIONERS FOR YOUR SERVICE.

THANK YOU.

ALL RIGHT, LET'S GO.

UM, AROUND WITH QUESTIONS.

LET'S MAYBE START HERE, UM, ON SITE, DOES ANYONE HAVE QUESTIONS FOR THE APPLICANT OR FOR STAFF HERE? OKAY.

GO FOR COMMISSIONER BROWNER.

YES, PLEASE.

OKAY.

I UNDERSTAND.

AND I DON'T KNOW WHO CAN BEST ANSWER THIS, SO I'LL JUST TOSS IT OUT.

UH, WE HAVE A SMALL LOT AND WE WANNA PUT MANY APARTMENTS ON THAT OR WHATEVER THEY ARE.

UH, BUT WE'RE LIMITED BY, UH, THE SETBACK AS ONE REQUIREMENT AND THE HEIGHT.

WE'RE ALSO TOLD THAT THE COUNCIL IS MANDATED OR MAYBE NOT MANDATED, BUT IS STRONGLY ENCOURAGING THIS TYPE OF DEVELOPMENT, UH, WITHIN THE CITY IN ORDER TO MAKE AFFORDABLE HOUSING.

BUT THEY'RE UNWILLING TO RELENT ON HEIGHT, RESTRICTIONS AND SETBACK, BECAUSE THE REASON I ASK THIS IS THAT, YOU KNOW, I UNDERSTAND THE CONDITION OF TREE AND I HAVE QUESTIONS ABOUT THAT, THAT I'LL GET TO, BUT IT SEEMS TO ME THAT, YOU KNOW, LET'S SAY YOU LEAVE THE TREE THERE.

JUST, JUST FOR THE FUN OF IT.

IF THE THING WAS EIGHT MORE STORIES, YOU KNOW, YOU COULD GET THE NUMBER OF UNITS IN THERE THAT YOU REQUIRE IN ORDER TO MAKE IT THE TYPE OF DEVELOPMENT YOU'RE LOOKING FOR, BUT YOU HAVE A HEIGHT RESTRICTION, BUT IF THE HEIGHT RESTRICTION WENT AWAY, THEN IT COULD BE, AS, YOU KNOW, YOU GET THE NUMBER OF UNITS THERE, OR IF YOU DIDN'T HAVE THE SETBACK, THEN YOU COULD LATERALLY PLACE MORE UNITS.

AND THEN IF IT WERE A LITTLE BIT TALLER THAN YOU COULD FIT THE NUMBER OF UNITS IN THERE.

SO WHY, WHY, IF THE COUNCIL, I, I MEAN, WHY AREN'T WE KIND OF ATTACKED, YOU KNOW, WHY ARE WE CUTTING DOWN A TREE INSTEAD OF APPROACHING THIS FROM AN ADMINISTRATIVE PROBLEM? UH, THAT'S MY FIRST QUESTION.

LET ME TAKE A CRACK AT THIS.

AND I'LL LET, LET, UH, THE DEVELOPER WHO TOOK THE CASE THROUGH THE ZONING PROCESS, UH, CONTRIBUTE.

SO IF YOU WANT TO, IF YOU WANT TO COME UP, UM, JEN, UM, WHEN YOU GO TO REZONE A PROPERTY, YOU HAVE DIFFERENT OPTIONS AND THE COUNCIL CAN SUPPORT DIFFERENT OPTIONS.

MOST OF THOSE OPTIONS HAVE A HEIGHT LIMIT.

SO WHEN, UH, THE ZONING THAT WAS PROPOSED WAS 90 FEET, UM, THE, THE ONLY OTHER REASONABLE ZONING THAT WOULD'VE BEEN AVAILABLE WAS C B D, AND IT'S OUTSIDE OF THE CENTRAL BUSINESS DISTRICT.

SO, SO COUNCIL WOULD NOT SUPPORT ANY OTHER ZONING DISTRICT THAT HAD ANY OTHER HEIGHT, OTHER THAN THE HEIGHT THAT'S SHOWN HERE.

SO WE, WE EVALUATED IT, RIGHT.

WE TALKED TO COUNCIL ABOUT IT, ALL THEY WOULD SUPPORT WAS 90 FEET.

AND WHAT DO YOU MEAN BY TALKING TO COUNCIL WHEN A SUITABLY VAGUE TERM? WELL, WHEN YOU GO THROUGH A ZONING PROCESS THAT USUALLY TAKES SIX TO NINE MONTHS, AND YOU, YOU, UH, YOU YOU'RE REVIEWED BY THE VERY SIMILAR TO THIS YOU'RE YOU VIEWED BY CITY STAFF, CITY, CITY ZONING, AND PLANNING STAFF.

THEY RECOMMEND A ZONING CATEGORY, RIGHT? UM, YOU TELL THEM THE KIND OF PROJECT THAT YOU WANT TO DO.

AND THEY'LL SAY STAFF WILL SAY, WE SUPPORT A ZONING CATEGORY X IN THIS CASE, UH, DMU.

UH, AND THEN THAT JUST LIKE, HERE YOU TAKE THE STAFF RECOMMENDATION

[00:30:01]

AND YOU GO TO CITY COUNCIL AND CITY COUNCIL VOTES ON THE TYPE OF ZONING THAT THEY THINK THAT'S APPROPRIATE FOR THE PROPOSED USE.

AND THEY VOTED ON, ON DMU 90.

SO A 90 FOOT CAP, KNOWING THAT THIS WAS THE KIND OF PROJECT, AND GENERALLY SPEAKING, IT WOULD INVOLVE 70 UNITS.

THAT'S WHAT THEY VOTED ON.

SO IT'S A VERY SIMILAR PROCESS TO WHAT, RIGHT.

NO, I UNDERSTAND WHAT Y'ALL SEE.

I UN I UNDERSTAND, I GUESS BASICALLY THEY VOTED, CUT THE TREE DOWN.

OKAY.

UH, NOW THE TREE IS, FROM A PRACTICAL STANDPOINT, YOU SAY, IS, CANNOT BE MOVED.

IS THAT CORRECT? NAOMI ROMAL CITY ARBORIST.

YES, THAT'S CORRECT.

OKAY.

SO IF YOU PICKED IT UP THE MOVE THAT IT, THE INTENTIONS, IT WOULD NOT SURVIVE AND THRIVE AND, AND MAKE LITTLE BABY TREES OR WHATEVER THEY DO ONCE YOU MOVE IT TO A NEW LOCATION.

THAT'S CORRECT.

UH, WE DO PERMIT QUITE A LOT OF TREE, UH, TRANSPLANTS AND, AND THROUGHOUT SITE PLANS AND SUCH, UM, THERE'S A COUPLE QUALIFIED ARBORIST COMPANIES THAT HAVE PROVEN TRACK RECORD TO TRANSPLANT AND MOVE TREES.

UM, USUALLY THEY SAY THEY CAN, UH, FOR MOST TREES, UM, WE JUST NEED A SUITABLE LOCATION TO MAKE SURE THAT'S, YOU KNOW, SUITABLE WHERE THE TREE CAN SURVIVE AND GROW.

UM, ONE OF THE THINGS I'VE SEEN, UM, MYSELF ON SITE ON A BIG TREE ROUTE MOVE WAS IN SPACES WHERE THERE'S SO MUCH FILL, UM, COMPLETELY SURROUNDED BY ASPHALT AND STUFF, UM, THAT THE ROOT BALL STARTS TO DIS DISINTEGRATE IN THE MOVE ITSELF.

UH, THAT COM COMPROMISE THAT THE ENTIRE, UH, STRUCTURAL INTEGRITY OF THE TREE.

UM, SO PART OF OUR REVIEW PROCESS IS WE ASK, WELL, WHY DO YOU HAVE TO TRANSPLANT THE TREE IN THE FIRST PLACE? WHY CAN'T IT BE PRESERVED IN PLACE? SO APPLICANT DEMONSTRATES, YOU KNOW, THEIR DESIGN CONSTRAINTS, BUT ALSO THE LIMITATIONS, YOU KNOW, THE ZONING LIMITATIONS AND SUCH.

SO THE NEXT THING WE ASK IS, OKAY, CAN YOU TRANSPLANT IT? AND WE NEED TO SEE WHERE IT'S GONNA GO.

AND IF IT HAS A GOOD ENOUGH SPACE TO SURVIVE, UM, MYSELF, I'VE BEEN AT ARBORIST FOR 20 YEARS, I DO NOT FIND THIS TREEING GOOD CONDITION, BUT THIS IS ACTUALLY ABOUT REASONABLE USE, NOT SO MUCH THE CONDITION, BUT IT DOES PLAY INTO EFFECT WHEN WE'RE ASKING, CAN YOU TRANSPLANT IT? AND SO IF THE, THE COMPANY, OR ONE OF THE TWO COMPANIES THAT HAD THE HIGHEST SUCCESS OF TRANSPLANTING TREES IN THE COUNTRY WILL NOT TRANSPLANT IT DUE TO PORT HEALTH, THEN WE HAVE TO TAKE THAT OFF THE TABLE.

AND YOU ASKED A QUESTION EARLIER ABOUT GIVING AN ADMINISTRATIVE VARIANCE.

UM, THE STREET IS OVER 30 TO 30 INCHES, SO WE ARE NOT ABLE TO GIVE AN ADMINISTRATIVE VARIANCE FOR, OH, I, I DIDN'T ASK.

OH, OH, OKAY.

BUT THAT YOU THANK YOU, BUT THAT'S NOT, I DIDN'T ASK THAT.

OKAY.

BUT NO.

SO, UH, I'M, I'M SETTING ASIDE THAT THE, THE RIGHT TO USE THING, I'M MOVING ON TO A DIFFERENT AREA.

UH, BUT SO EVEN IF YOU HAD A PLACE TO PUT IT, YOU WOULDN'T MOVE IT BECAUSE IT WOULDN'T SURVIVE.

YES.

IT'S, IT'S, IT'S A VERY RISKY PROCESS.

UM, PART OF IT REQUIRES A FIVE YEAR TREE CARE PLAN WHERE IT'S CONSTANTLY MONITORED.

UM, IF WE DON'T THINK A TREE CAN SURVIVE, UM, YOU KNOW, WE'RE NOT GONNA BE ABLE TO PERMIT IT.

UM, BUT, AND THAT'S BASED ON VERY QUALIFIED COMPANIES, UH, RECOMMENDATIONS.

OKAY.

AND, BUT THE ONLY PLACES YOU ALL LOOKED WERE SHOULD CREEK CONSERVANCY AND, UM, THE, UH, THE PARKS, CORRECT.

WE DON'T ACTUALLY LOOK FOR THE PLACE TO TRANSPLANT IT.

THAT IS ON THE APPLICANT AND, UM, THE TREE MOVER.

OKAY.

GO AHEAD.

WHEN YOU'RE LOOKING FOR SUITABLE LOCATIONS, YOU GO AND TALK TO A LOT OF FOLKS.

THE ONLY FOLKS THAT WERE INTERESTED, UH, ENOUGH TO HAVE FURTHER CONVERSATIONS WHERE THE CONSERVANCY AND PARKS AND REC DEPARTMENT DUNCAN PARK IN PARTICULAR, I, THE REASON I ASK IS, UH, THERE'S A, YOU KNOW, PUT WE A PUT AMENDMENT.

WE APPROVED AT A BULL CREEK RECENTLY THAT IS SHIPPING IN TREES FROM TEMPLE.

AND SOMEHOW I THINK THAT IF THEY'RE SHIPPING IN TREES, THEY'RE REPLANTING FROM TEMPLE, THEY MIGHT BE WILLING TO TAKE A ORPHANED TREE FROM AUSTIN IF

[00:35:01]

IT'S CAPABLE OF BEING TRANSPLANTED.

NOW, OF COURSE, IF IT WON'T RELOCATE BECAUSE OF THE REASONS YOU SPECIFY, THEN THERE'S NO POINT, BUT YOU KNOW, THESE PEOPLE ARE SHIPPING IN TREES FROM OUTSIDE OF TRAVIS COUNTY TO PLANT.

AND, UH, SO I WAS JUST CURIOUS, NO, THANK YOU, COMMISSIONER NAOMI, ROK THE CITY ARBORIST, UM, AGREED.

USUALLY THEY DO NOT TRANSPLANT FROM ANOTHER CITY OR ANOTHER PART OF THE COUNTRY, THIS LARGE OF A TREES.

SO, UM, YOU KNOW, YOU CAN LOOK ON SEVERAL OF THE TREE MOVERS WEBSITES AND STUFF, WHICH THE CALIPER THAT THEY'LL TRANSPLANT, THEY'VE GOT A FIT ON A, ON A LARGE TRUCK AND SUCH, AND THEY'RE PROBABLY QUITE SMALLER CALIPER THAT THEY'RE TRANSPLANTING.

UM, SOMETIMES I'VE SEEN THE LARGEST TRANSPLANT THAT HAVE GONE DOWN AUSTIN FROM, UM, THE CAPITAL OF TEXAS TO WATERLOO PARK.

UM, THEY CAN DO IT SUCH AS THAT TREES, BUT THAT'S, IT'S JUST A ROUTE.

SO THEY, THEY'RE USUALLY NOT TRANSPLANTING THAT LARGE OF A TREES.

UM, PROBABLY IF THEY'RE GETTING THEM FROM TEMPLE AND STUFF, THEY'RE FIVE CA BRANCHES, UM, SOMETIMES ABOUT EIGHT CALIBER BRANCHES, BUT THAT'S, THAT'S AS BIG AS THEY'RE GONNA GO AND ESPECIALLY TAKING IT DOWN THE HIGHWAY AND SUCH, AND THE MODE OF TRANSPORTATION AND, AND SUCH.

OKAY.

I HOPE I ANSWERED THAT.

NO, THAT'S FINE.

THAT'S FINE.

OKAY.

THANK YOU.

THANK YOU.

HI, GARY, DO YOU HAVE ANY QUESTIONS OR, OKAY, NICHOLAS, I DON'T HAVE ANY QUESTIONS PER SE, BUT DURING, UH, MY, OR I GUESS THROUGH MY EXPERIENCES WITH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS, I'M ACUTELY AWARE OF ALL THE COMPLEXITIES AND CONSTRAINTS Y'ALL FACE WHEN IT COMES TO DEVELOPING AFFORDABLE HOUSING.

AND I REALLY, REALLY, REALLY APPRECIATE Y'ALL'S EFFORTS AND GETTING THIS DONE.

IT SOUNDS TO ME LIKE THE, THE APPLICANT HAS EXHAUSTED ALL THEIR OPTIONS WITH CITY STAFF AND HAS REALLY, REALLY TRIED TO GO THE EXTRA MILE TO MAKE SURE THEY'VE ACCOMMODATED.

SO I'M SUPPORTIVE.

THANK YOU.

THANK YOU FOR YOUR TIME TODAY AND YOUR PRESENTATION.

UH, NO QUESTIONS FROM ME.

THANKS.

I ACTUALLY, UM, COMMISSIONER SHERA, I JUST WANTED TO CLARIFY THAT THE 300% STANDARD MITIGATION IS STILL REQUIRED DESPITE ANY ISSUES WITH THE TREE AND IT'S NOT ABLE TO BE MOVED.

UH, THAT IS CORRECT.

NAOMI RICHEL CITY ARBORIST.

UM, YES, THAT'S CORRECT.

STANDARD MITIGATION.

UM, SOMETIMES WHEN WE SEE A TREE IN VERY POOR CONDITION, WE CAN REDUCE THE MITIGATION.

UM, THIS TREE IS A VERY LARGE COMMISSION SIZE TREE, UM, THAT IS UP FOR COMMISSION TO DECIDE, UM, STANDARD MITIGATION IS 300%, UM, STANDARD FOR HERITAGE TREE.

OKAY.

THANK YOU.

SO NO REDUCTION IN MITIGATION.

THANK YOU.

UM, WOW, THAT WAS LOUD.

UM, MAYBE I'LL, IT DOES SAY SIX TO 10 INCHES FROM THE MICROPHONE.

UM, YEAH, I GUESS SORT OF TO PIGGYBACK OFF COMMISSIONER BRIER SAID, IT SOUNDS LIKE REALLY, YOU KNOW, THE ONLY REAL OPTIONS HERE ARE TO EITHER, YOU KNOW, GET RID OF THE TREE OR MAKE THE BUILDING TALLER, BUT IT SEEMS LIKE Y'ALL ARE CONSTRAINED ON HEIGHT.

AND I GUESS PICKING UP FROM WHAT Y'ALL WERE SAYING, REALLY THE ONLY WAY TO INCREASE IT WOULD BE IF IT WAS IN THE C B, D, RIGHT.

WHICH I GUESS 11TH STREET ISN'T SUPER CENTRAL OR WHATEVER.

UM, HAVE THERE BEEN ANY TALKS WITH, YOU KNOW, COUNCIL OR WHOEVER THE APPROPRIATE REGULATORY BODY IS ABOUT EXPANDING THE LIMITS OF THE C B D FOR CASES LIKE THIS, PERHAPS IF NOT NOW, THEN IN THE FUTURE, THE DOWN, THANK YOU.

COMMISSIONER DAVE ANDERSON REPRESENTING THE APPLICANT DOWNTOWN AUSTIN PLAN KIND OF GOVERNS, UM, CENTRAL BUSINESS DISTRICT.

IT WAS DONE IN 2011.

UM, PROBABLY ANNUALLY.

THERE IS DISCUSSIONS OF EXPANDING OR CHANGING OR SOMEWHAT MODIFYING THAT TAKES THE WILL OF THE COUNCIL AND REALLY IS GONNA INVOLVE THE COMMUNITY AT LARGE.

SO IT'S A BIG LIFT TO DO THERE'S INTEREST EVERY YEAR.

NOT A WHOLE LOT HAS BEEN DONE.

UM, BUT I THINK, I THINK YOU'RE RIGHT, LIKE THIS IDEA THAT WE'RE CONSTRAINED FROM A HEIGHT PERSPECTIVE, WE JUST CAME IN AND SAID, THIS IS THE KIND OF PROJECT THAT WE WANT TO BUILD IT'S NEEDED.

WE WANT TO DO THE RIGHT THING.

AND THERE WERE NOT VERY MANY ZONING OPTIONS AVAILABLE TO US.

WE TOOK THE MOST ROBUST ONE THAT WAS AVAILABLE TO US OTHER THAN A POD.

[00:40:01]

AND AS YOU KNOW, PODS ARE USUALLY 10 ACRES.

THIS IS FOR 10TH OF AN ACRE, SO WE DON'T REALLY HAVE A LOT OF OPTIONS.

THANK YOU, COMMISSIONER.

YEAH, FOR SURE.

NO PHOTO QUESTIONS.

REMOTE COMMISSIONERS.

UH, YEAH, THOMPSON PLEASE.

UM, COULD SOMEBODY SAY SOMETHING ABOUT FLOODING AND SHELL CREEK BEING SO NEARBY? NOT IN THE FLOOD ZONE, COMMISSIONER THOMPSON, DAVE ANDERSON.

HI.

HOW ARE YOU? UH, NOT IN THE FLOOD PLAIN AND WE'RE ACTUALLY REDUCING, UM, MEETING OR REDUCING THE OVERLAND FLOW THAT'S GENERATED FROM THE SITE, CUZ WE'RE JUST BY THE TINIEST BIT REDUCING A PREVIOUS COVER.

OKAY.

BY, BY 1%.

THANK YOU.

YES.

MA'AM ANYONE ELSE? REMOTE GOING ONCE.

OKAY.

YEAH.

UH, SCOTT, PLEASE.

HI, THANK YOU.

UM, I THINK THAT THE APPLICANTS, UH, PRETTY MUCH EXHAUSTED ALL OF THE OPTIONS THAT, UH, A COUPLE OF INTERESTING, UH, POINTS HAVE BEEN MADE.

UM, I THINK, I THINK YOU NEED TO BE CONCERNED ABOUT FLOODING, UM, BECAUSE THE, THE NEW FLOOD PLANE MAY BE, UH, UH, DIFFERENT THAN WE'D LIKE TO THINK.

YOU KNOW, IF YOU LOOK AT WHAT HAPPENED RECENTLY IN, IN, UH, UH, DALLAS, UH, JUST, UH, JUST A POINT TO BE MADE.

AND THE OTHER ONE IS THAT, UH, I THINK IT, THIS GIVES US, UM, AN OPPORTUNITY TO, UH, LOOK AT THE, UH, THE NEED TO, UH, POSSIBLY EXPAND, UM, UH, THE CENTRAL DISTRICT, BUT THAT'S NOT REALLY, UM, OUR JURISDICTION.

UH, WE'RE NOT, WE'RE NOT IN THE BUSINESS OF ZONING.

UH, OTHER THAN THAT, I, I SUPPORT, UM, I SUPPORT THE PLAN BECAUSE I, I REALLY DON'T SEE ANY OTHER OPTIONS, UNFORTUNATELY, UM, FOR SAVING THIS TREE.

IT'S A, IT'S A 128 YEAR OLD, UH, UH, LIVE OAK TREE.

AND THAT'S, THAT'S REALLY UNFORTUNATE.

UM, UM, I THINK THAT, UM, THAT THE PLAN TO, TO PUT IN TWO LIVE OAKS, UM, FIVE INCHES IN DIAMETER IS A GOOD IDEA.

AND I'D LIKE, UH, I LIKE SOME LANGUAGE WHICH, UM, ASSURES THAT, THAT THESE WILL BE, UM, UH, THESE WILL BE, UH, NOURISHED AND, AND, UH, AND KEPT ALIVE AND, AND TAKEN GOOD CARE OF OTHER THAN THAT, I, I, I, UH, I SUPPORT THE AMENDMENT, UH, OR THE, UH, UH, THE, THE, THE, THE REMOVAL OF THE TREE.

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

UM, THANK YOU.

AND A GOOD PRESENTATION TO EVERYBODY.

THANK YOU VERY MUCH.

COMMISSIONER SCOTT, NAOMI ROEL CITY ARBORIST AGAIN, UM, JUST TO ADDRESS YOUR CONCERNS, IT IS WITH THE HEAVY HEART, UM, WHEN WE SEE AN OLD TREE, UM, BEING REMOVED.

UH, SO I JUST WANNA ACKNOWLEDGE THAT STAFF IS VERY, UH, WE DON'T TAKE THIS SLIGHTLY.

THANK YOU, COMMISSIONER DAVE ANDERSON AGAIN, REPRESENTING THE APPLICANT.

UM, WHEN YOU MOVE A TREE, WHEN YOU TRANSPLANT, WHEN YOU'RE ABLE TO TRANSPLANT A TREE, WHEN THE TREE IS HEALTHY ENOUGH, YOU DO A FIVE YEAR TREE CARE PLAN, UM, TO ENSURE THAT THOSE FIVE YEARS, THE MOST, UH, CONSEQUENTIAL FIVE YEARS, UH, ARE GO AS, AS, AS WELL AS THEY CAN.

WE'RE WILLING TO DO THAT FOR OUR, OUR TWO, UH, FIVE INCH CALIBER LIVE OAKS.

UM, IN ADDITION TO THAT, UH, YOU KNOW, THERE'S CODE REQUIREMENTS FOR MAINTENANCE OF THE TREES, THERE'S GONNA, IT'S GONNA BE IN THE APPLICANT'S BEST INTEREST TO MAINTAIN THE TREES.

SO I FEEL VERY GOOD THAT, THAT THE, THE REPLACEMENT TREES, MITIGATION TREES, BOTH THE LAURELS AND THE TWO LIVE OAKS WILL BE CARED FOR.

BUT IF IT'S, UH, WE UNDERSTAND WHAT YOU'RE SAYING AND, AND WE'RE HAPPY TO DO A FIVE YEAR TREE CARE PLAN FOR THOSE TWO LIVE OAKS.

ALL RIGHT.

UH, VICE CHAIR, BEDFORD, PLEASE.

THANK YOU.

UM, I JUST HAD ONE QUESTION.

UM, IT WAS KIND OF MENTIONED IN THE, UH, IN THE APPLICANT'S PRESENTATION THAT, UM, THAT THE BUILDING IS GONNA KIND OF, UM, GET RID CUT DOWN WITH SOME OF THE CAR EMISSIONS.

AND I WAS KIND OF CURIOUS IF THERE'S, IF HE COULD ELABORATE ON HOW THAT WAS GONNA HAPPEN, LIKE IF IT WAS GONNA HAVE ONSITE, UM, TRANSPORTATION, UH, PUBLIC TRANSPORTATION, OR HOW IS IT CUTTING DOWN THE CAR EMISSIONS? THANK YOU, COMMISSIONER DAVE ANDERSON.

I'M GONNA TURN THIS OVER, UH, TO THE DEVELOPER ON THE PROPERTY.

WHO'S

[00:45:01]

AN EXPERT ON THESE TOPICS.

OKAY.

HI, UM, I'M JEN WEAVER, I'M THE DEVELOPER OF CAPITAL QUARTERS.

THE FIRST CAR FREE MULTIFAMILY IN THE CITY OF AUSTIN.

WE'VE OPENED UP, WE'RE LEASING.

PEOPLE ARE ACCEPTING THE CAR FEET LIFESTYLE IN DOWNTOWN AUSTIN.

AUSTIN'S URBAN NOW.

SO, UM, NOT EVERYONE NEEDS A CAR TO DRIVE EVERYWHERE.

WE'RE OFFERING 201 PLACES FOR WORKING FOLKS TO LIVE DOWNTOWN, AND WE OFFER FIVE PARKING SPOTS.

SO WE'RE GONNA HAVE 200 PEOPLE WHO ARE LIVING DOWNTOWN WITHOUT CARS, AND THAT'S HOW WE'RE REDUCING EMISSIONS BY NOT HAVING THEM.

THANKS.

THANK YOU.

THANKS FOR SHARING YOUR MICROPHONE WITH ME.

YOU'RE VERY WELCOME.

COMMISSIONER BRISTOL.

UM, THANKS FOR Y'ALL'S PRESENTATION.

I HAVE, I DO HAVE A COUPLE QUESTIONS.

UH, FIRST OFF, I'M ALWAYS VERY IN FAVOR OF, UH, REDUCING EMISSIONS AND, UH, REDUCING THE, THE NUMBER OF CARS THAT ARE DOWNTOWN.

UH, I, I AM CONCERNED A LITTLE BIT THAT, UM, Y'ALL ARE ALSO TRYING TO, UM, ATTRACT FAMILIES, UM, TO THIS HOUSING, UM, IN AN AREA WHERE WE JUST REMOVED THE SCHOOL.

UM, SO THERE'S SORT OF A, UH, YOU KNOW, AND THAT'S NOT FOR Y'ALL, BUT THAT'S FOR COUNCIL TO CONSIDER, UM, UH, YOU KNOW, HOW THEY'VE JUST, JUST JUXTA BUZZ, IT POSITIONED THESE TWO THINGS.

UM, AND SO MY QUESTION ON THAT, IS THERE AN AREA I THINK THIS IS PIGGYBACKING ON, UM, COMMISSIONER BEDFORD'S, UH, QUESTION, UH, LIKE A DROP OFF AND PICKUP ZONE.

IS THERE SOMETHING ALONG THOSE LINES, UM, AGAIN, TO MAKE IT MORE ATTRACTIVE TO THOSE FAMILIES? UM, I WILL SAY AT OUR FIRST PROJECT CAPITAL QUARTERS, MOST OF THE PEOPLE WHO'VE RENTED SO FAR ARE INDIVIDUALS WORKING DOWNTOWN, LIVING IN A ROOMMATE SCENARIO.

UM, SO WE'VE, WE'VE NOT LEASED OUT TO FAMILIES YET.

UM, HOWEVER, UH, WE ARE IN OUR SITE PLAN APPLICATION, UH, DOING A 15 MINUTE LOADING ZONE IN FRONT OF THE BUILDING IS A PART OF OUR APPLICATION, UM, TO JUST ANY UBER DROP OFF OR ANY, YOU KNOW, UH, FOOD DROP OFF, OR JUST KIND OF MAKING IT EASIER FOR, FOR RIDE SHARE IF, IF THAT'S HELPFUL FOR OUR RESIDENTS.

AND THAT'S PRETTY COMMON IN FRONT OF MANY HOTELS, UM, AND OTHER, OTHER HEAVILY PEDESTRIAN AREAS IN DOWNTOWN THAT'S, IT'S NOT A UNIQUE, UM, SITE PLAN ADDITION.

THANK YOU.

THANK YOU.

UH, I HAVE A COUPLE MORE QUESTIONS TOO.

UM, SO SORRY, UH, IN THE, IN THE PRESENTATIONS, THIS FOR NAOMI, UH, THERE WAS A MENTION ABOUT, UH, A PEON IN THERE.

IS THERE A PECAN ALSO? IS IT JUST THE LIVE OAK THAT MUST, UH, NAOMI RICHAL CITY ARBORIST? UM, THAT IS AN AIR.

OKAY.

SO IT'S JUST THE LIVE OAK APOLOGIES.

OKAY.

UM, AND THEN, UM, SO IT SAYS 90 FEET, UH, HEIGHT REQUIREMENT.

UM, AND I TOTALLY GET THAT BECAUSE IT, IT IS IN A NEIGHBORHOOD STILL.

UM, AND, UH, YOU CERTAINLY DON'T WANNA, UM, UH, FREAK OUT THE NEIGHBORS, UH, TOO MUCH, UM, IS THAT HOW MANY STORIES HELP ME UNDERSTAND HOW MANY STORIES THAT IS? EIGHT THAT'S EIGHT STORIES.

OKAY.

OKAY.

UM, AND I DO HAVE A LITTLE, UH, CONCERN, UH, AND THIS IS PIGGYBACKING OFF OF, UM, COMMISSIONER SCOTT'S, UH, COMMENTS BECAUSE IT IS ON THE HILL, YOU KNOW, OBVIOUSLY, UM, CREATING MORE RUNOFF, UM, DOWN.

I KNOW YOU'RE REDUCING THE IMPER COVERED BY 1%.

UM, I WOULD LIKE TO SEE, UM, UH, SOME OF THE BEST METHODS FOR MAKING SURE THAT THAT RUNOFF IS SLOWED AS MUCH AS POSSIBLE, UM, AS IT, AS IT GOES DOWN TO SHELL CREEK, CUZ WE KNOW THAT SHELL CREEK LOVES TO FLOOD.

THANK YOU, COMMISSIONER.

UM, SITE PLAN IS CURRENTLY UNDER REVIEWED AND IS BEING REVIEWED BY CITY STAFF FOR COMPLIANCE WITH CODE.

SO EVERYTHING THAT WE DO WILL BE LOOKED AT, UH, BY THEIR DRAINAGE ENGINEERS AND THEIR DRAINAGE REVIEWERS TO MAKE SURE THAT, UM, WE'RE NOT EXACERBATING FLOODING AS YOU KNOW, UH, SRE, AS YOU JUST SAID, SHE CREEK'S A MESS.

UH, I'VE PERSONALLY STUDIED THAT WATERSHED.

AND SO THE, THE TIMING OF THE HYDROGRAPH IS, IS, UH, SUPER IMPORTANT HERE.

AND I KNOW THAT'S BEEN A TOPIC OF DISCUSSION WITH THE DRAINAGE REVIEWERS WITH THE CITY.

THANK YOU.

THANK YOU.

YEAH, BIG SIR.

YOU HAVE A QUESTION.

I, I COMMISSIONER BARER, I JUST HAVE ONE, UM, QUICK COMMENT.

I WOULD JUST BE, UM, CAUTIOUS ABOUT CLAIMING GREENHOUSE GAS EMISSION REDUCTIONS,

[00:50:01]

SIMPLY BECAUSE YOU'RE NOT OFFERING PARKING SPACES BECAUSE WE KNOW THAT THE FAMILIES COULD STILL HAVE A CAR AND, AND PARK SOMEWHERE ELSE.

SO JUST A, JUST A MATTER OF HOW YOU'RE DEFINING THE BOUNDARY AND, YOU KNOW, POTENTIAL, YOU KNOW, LEAKAGE OUT OF YOUR CLAIM AND JUST, YOU KNOW, JUST SAY THAT AS A SIDE NOTE.

SO FAIR ENOUGH.

THANK YOU.

THANK YOU VERY MUCH.

UH, FOR THE PRESENTATIONS AND THE, THE, YEAH.

NAME ME.

DO YOU HAVE SOMETHING ELSE? OKAY.

NO.

UM, THANK YOU GUYS FOR THE PRESENTATIONS.

UH, APPRECIATE THE THOROUGHNESS.

ANYTHING ELSE FROM ANYONE MOTION TO CLOSE THE PUBLIC HEARING? UH, ACTUALLY I DID HAVE ONE QUESTION.

YEAH.

AND THE ONLY REASON I THINK OF THIS IS BECAUSE COMMISSIONER BRIER, I DON'T WANNA SAY HARPS.

RIGHT.

BUT CONSTANTLY REINFORCES IT.

I WAS WONDERING IF Y'ALL ONLY HAVE LIKE FIVE PARKING SPOTS Y'ALL HAVE ANY LIKE EV CHARGING STATIONS OR SOMETHING LIKE THAT MIGHT BE SOMETHING WORTH CONSIDERED.

LET ME NOTED.

THE APPLICANT SAID YES, THEY DO HAVE EV CHARGING STATIONS.

DO YOU, DO YOU GUYS KNOW HOW MANY YOU HAVE BY ANY CHANCE? UH, I THINK TWO.

OKAY.

THANK YOU.

2, 2 0 5.

ALL RIGHT.

ALSO, YOU KNOW, UH, IF WE WANT TO GET CITY COUNCIL TO EXPAND THE, UH, C B D WE COULD TAKE A PICTURE OF THIS TREE THAT WAS CHOPPED DOWN, PUT IT ON A T-SHIRT, YOU KNOW, GET SOME ACTION GOING NOTED.

ALRIGHT.

I MOVED TO CLOSE THE PUBLIC HEARING FOR A SECOND PRIMER.

SECOND, ALL THOSE IN FAVOR OF CLOSING THE PUBLIC OR CLOSE THE PUBLIC HEARING, IT LOOKS TO BE UNANIMOUS.

UM, ALRIGHT.

DO WE HAVE A MOTION PER CHANCE? I DO.

ALL RIGHT.

SEPTEMBER 7TH, 2022.

UM, THIS IS, UH, SCH CREEK, OUR SHO CYCLE, UM, SP DASH TWO TWO DASH 0 3 5 0 C.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT IS SEEKING TO REMOVE THE REMOVAL OF A HERITAGE TREE WITH A SINGLE STEM OVER 30 INCHES IN DIAMETER.

AND WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE REQUEST MEETS THE CITY ARRU APPROVAL, UM, CRITERIA APPROVED CRITERIA SET FORTH IN LDC 25 DASH EIGHT DASH 6 2 4 A TWO.

AND THAT STAFF RECOMMENDS, UM, THIS VARIANCE.

WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES MITIGATION FOR THIS SITE SHALL BE ADDRESSED BY PLANTING, UM, TWO LIVE OAKS AT FIVE INCH CALIBER IN, IN THE, UM, AS STREET TREES.

THESE TWO TREES ARE PROPOSED TO HAVE THE ADEQUATE SOIL TO ENSURE THAT SURVIVABILITY AND WHEN PLANTED WILL HAVE A COMBINED CROWN SURFACE AREA THAT WILL RIVAL THE THINNING CANOPY OF THE EXISTING 32 INCH LIVE OAK.

IN ADDITION, THE REMAINING INCHES, UH, OWED WILL BE PAID TOWARDS THE URBAN FOREST REPLENISHMENT FUND FOR A TOTAL OF THE $18,500.

THEREFORE THEIR ENVIRONMENTAL COMMISSION REI RECOMMENDS THE VARIANCE REQUEST.

SECOND, IS THAT BEDFORD THAT SECOND, IS THAT CORRECT? YEP.

RIGHT.

ANY DISCUSSION? THERE WAS A, I, I WOULD MAYBE ADD, UM, UH, ENVIRONMENTAL COMMISSION CONDITION, UM, FOR THE FIVE YEAR TREE CARE PLAN THAT THE APPLICANT AGREED TO DO TO ENSURE THE SURVIVAL, UH, OF THE TREES FOR AT LEAST FIVE YEARS.

UM, IF NOT, UH, A PLAN THAT WILL ENSURE THEIR SURVIVAL LONGER TERM THAN THAT, BUT I GUESS IT'S ON THE DIE.

SO ANYONE OPPOSED TO THAT? ALL RIGHT.

YOU WANT ME TO READ THAT? YEAH.

IF YOU DON'T MIND, THAT'D BE GREAT.

UH, INCLUDE THE FIVE YEAR TREE PLANT TREE CARE PLAN FOR THE FIVE INCH TREES, UM, BEING PLANNED TO RE REPLACE THE HERITAGE TREE.

IS THAT WHAT YOU WANT? SOUNDS GREAT.

OKAY.

ANY OTHER DISCUSSION? ALL RIGHT.

ALL THOSE IN FAVOR OF, UH, THE MOTION AS WRITTEN, RAISE YOUR HAND.

ALL RIGHT.

ALL THOSE OPPOSED.

ALL RIGHT.

THANK YOU.

MOTION

[00:55:01]

PASSES THAT, ARE WE AT, UH, TEN ONE? IS THAT CORRECT? KAYLA RIGHT? TEN ONE.

THANK YOU.

THANK YOU, STAFF AS WELL.

ALL RIGHT, MOVING ON

[3. Name: BKO Parmer, SP-2021-0034D]

TO ITEM THREE.

UM, B K O PARER S P 20 21 34 D LOCATED AT 48 0 1 EAST YAGER, AUSTIN, TEXAS 78, 7 5 4.

UM, I BELIEVE STAFF WILL BE PRESENTING REMOTELY.

UH, MR. DAR DARLA, IF THAT'S CORRECT, YOUR SLIDES ARE COMING UP.

UM, THE ONE THAT'S BLUE AND WHITE, IT SAYS BKO PALMER AT THE TOP.

SO JUST, UM, WHENEVER YOU'RE READY PLEASE.

OH YEAH.

UH, GOOD EVENING COMMISSIONERS.

CAN YOU ALL HEAR ME? YES, WE CAN.

AND, AND IF, IF POSSIBLE, IF WE COULD SEE HIM TOO, THAT'D BE GREAT.

BUT IF THAT'S NOT POSSIBLE, UNDERSTAND.

YEAH.

WHENEVER YOU'RE READY.

WE CAN HEAR YOU.

THANK YOU.

OKAY, THANKS.

UM, SO, UH, UH, MY NAME IS TONY DAR AND I'M AN ENVIRONMENTAL ABUSE SPECIALIST WITH THE DEVELOPMENT SERVICES DEPARTMENT.

UM, YOU KNOW, TODAY I WILL BE PRESENTING A VARIANCE FROM THE LAND DEVELOPMENT CODE 25 8 3 42 TO ALLOW FILL, UH, UP TO 12 FEET IN THE DESIGN DEVELOPMENT ZONE AND THE APPLICANT TODAY'S, UH, BKO PARER UM, AND I THINK THEIR REPRESENTATIVE IS AROUND, UM, SOMEWHERE.

YES, THAT IS CORRECT.

YES.

ALL.

THANK YOU.

UH, NEXT SLIDE PLEASE.

YES.

SO PRETTY MUCH I'LL GO OVER THE OUTLINE TO GIVE, UM, AN OVERVIEW OF THE PROJECT.

UH, NEXT SLIDE PLEASE.

SO THIS, UH, PROJECT IS IN THE IRIS BRANCH CREEK WATERSHED CLASSIFIED AS SUBURBAN, UH, IT'S IN THE DESIGN DEVELOPMENT ZONE, UM, IN THE ETG AND IT'S NOT LOCATED, UH, BY THE EDWARDS AQUIFER RICHARD ZONE.

NEXT SLIDE, PLEASE.

UH, THE SIDE IS PRETTY MUCH, UH, LOCATED AT THE SOUTHWEST, UH, CORNER OF THE INTERSECTION OF EAST PALMER LANE AND, UH, EAST YAGER.

AND IT PROPOSES THE CONSTRUCTION OF, UH, APARTMENTS, UH, A HOTEL, A CONVENIENCE STORE, AND, UM, YOU KNOW, WATER QUALITY PUMPS AND OTHER DRAINAGE IMPROVEMENTS.

AND THE ELEVATION HERE PRETTY MUCH, UH, RANGES FROM, UH, 5 84 TO, UH, SIX, UH, 35 FEET.

NEXT SLIDE PLEASE.

SO THIS SHOWS THE ELEVATION, UM, AS WE CAN SEE IT PRETTY MUCH RANGES FROM THE NUMBERS, THE FORM MENTIONED NUMBERS AND, UM, THE WATER QUALITY PUMPS HERE HAVE BEEN PLACED IN, UH, STRATEGIC, UH, LOCATIONS TO, UH, BE ABLE TO ACCOMMODATE THE DRAINAGE.

UM, UH, THAT'S GONNA EMANATE FROM THIS SITE.

UM, NEXT SLIDE PLEASE.

SO THIS IS THE EXISTING CONDITIONS, UH, RIGHT NOW, UM, PRETTY MUCH JUST GROUND VEGETATION, UH, TYPICAL GRASSES, UM, A FEW TREES UP THERE, UM, HEL MEKE BERRY, UH, THOSE, UH, WERE THE TREES THAT WERE, THAT HAVE BEEN IDENTIFIED TO BE ON THIS SIDE.

NEXT SLIDE PLEASE.

SO THE VARIOUS REQUESTS PRETTY MUCH IS TO, UM, ALLOW FIELD IN EXCESS OF FOUR FEET UP TO 12 FEET, UH, WITHIN THE DESIGN DEVELOPMENT ZONE.

NEXT LIGHT PLEASE.

AND THIS PRETTY MUCH IS THE RATING EXHIBITS.

AND, UM, THE REASON FOR THIS FIELD IS, UM, YOU KNOW, AS A RESULT OF SITE CONDITIONS HERE AND, UM, EMERGENCY ACCESS, UH, REGULATIONS, UH, WHICH ARE NECESSITATED, UH, THIS AMOUNT OF FUEL TO FULFILL FREE, INTERTWINED AND DEPENDENT REQUIREMENTS, WHICH ARE PROVISION OF TOO, OF TWO FAR LANES AND EMERGENCY ACCESS ROUTES THROUGHOUT THE PROJECT.

AND, UM, ALSO SPANNING A STRUCTURAL BRIDGE ABOUT THE CRITICAL TO CONNECT EACH SITE AND THE SIDE, THE, THE SITES, UH, THE SIDES ED IN BLUE, UM, THIS STRUCTURAL, UH, BRIDGE WOULD BE SPENT TO CONNECT THE SITES SINCE THERE IS A NEED TO HAVE AN EMERGENCY ACCESS ROUTE OVER TO ERLING, AND ALSO THE REQUIRED STRUCTURAL BRIDGE ELEVATION TO MAINTAIN, UH, A MINIMUM.

IT IS ALSO, UH, HUGE REQUIREMENT HERE.

SO, UH, THE APPLICANTS IS PRETTY MUCH REQUIRED TO HAVE

[01:00:01]

A STRUCTURAL BRIDGE ELEVATION AT A CERTAIN HEIGHT ABOVE THE FULLY DEVELOPED FLOOR PLANE.

AND THE LAST TWO REQUIREMENTS THAT MENTIONED ABOUT THE SPANNING BRIDGE AND THE HEIGHTS HAVE BEEN DONE TO AVOID REALLY OBSTRUCTING AND INTERFERING WITH THE FLOOR PLANE.

NEXT SLIDE PLEASE.

SO, UM, STAFF HAS RECOMMENDED THIS VARIANTS HAVE BEEN DETERMINED THAT THE REQUIRED FINDINGS OF FACTS HAVE BEEN MET AND, UM, STAFF ALSO RECOMMENDS AND SUPPORT THE FOLLOWING CONDITIONS IN ACCORDANCE TO APPROVED EXHIBITS.

AND THE CONDITIONS PRETTY MUCH ARE PRESERVATION OF TREES AND NATURAL AREAS THAT IS NOW REQUIRED IN THE ET J UH, APPLICATION OF LANDSCAPING ORDINANCE AND ALSO ADDITIONAL OF RETAINING WALLS TO CONTAIN THE MAJOR FIELDS SLIDE, PLEASE.

SO THIS ARE PRETTY MUCH THE EXHIBITS THAT WOULD BE ADDED TO THE, BY THE ENVIRONMENTAL INSPECTORS AND, UM, YOU KNOW, THE CASE MANAGER TO ENSURE THAT THE APPLICANT IS ACTUALLY GONNA DO THIS.

SO THIS REPRESENTS THE VARIANT CON UM, THE TREES, UH, THE, THE, THE TREES AND THE, ALL THE CONDITIONS THAT ARE BEEN, UM, AGREED TO BE PUT ON THIS SIDE, UH, PER THE REQUIREMENT.

UM, NEXT SLIDE, PLEASE.

THANK YOU.

THAT WILL BE ALL.

ALL RIGHT, THANK YOU.

UM, DO YOU HAVE A PRESENTATION FROM THE APPLICANT AS WELL? DO YOU WANNA GO, UM, YOU MAY, YOU MAY HAVE TO GO UP TO THE, OH, THERE IT GOES.

I'M I'M LIVE.

YAY.

MICHELLE LYNCH WITH MATT KAEL STEWART AND WILLIAMS. THANK YOU FOR HAVING US TONIGHT.

UM, 1, 1, 1 SECOND.

UM, IF I, WE HAD, WE'RE HAVING SOME ISSUES, I APOLOGIZE, INTERRUPTING.

WE WERE HAVING SOME ISSUES LAST MEETING WITH THE CAMERAS, GETTING AROUND TO BEING ABLE TO SEE YOU.

OH, I CAN MOVE.

UM, IF YOU DON'T MIND, PLEASE.

ALL RIGHT.

KEEP 'EM ON THEIR TOES.

OKAY.

ALL RIGHT.

WORKING, WE'RE WORKING HARD.

UH, THANK YOU.

THANK YOU.

UM, ALL, UM, YES, PLEASE INTRODUCE YOURSELF.

AND, UH, YOU GOT, YEAH.

YOU GOT YOUR PRESENTATION.

YES.

MICHELLE LYNCH WITH MET CALE STEWART AND WILLIAMS. UM, WE DON'T ACTUALLY HAVE A PRESENTATION.

I JUST HAD SOME EXTRA SLIDES IN CASE.

UM, THERE WERE SPECIFIC QUESTIONS.

UM, PERFECT.

THANK YOU AGAIN FOR HAVING US.

I WAS DELIGHTED TO HEAR THE PRESENTATION BEFORE US TONIGHT.

WHEN I LOOKED AT THE AGENDA, I THOUGHT IT WAS THAT TREE THING THAT WAS ON LAST TIME BEFORE ME.

SO I WAS SORT OF NOT GONNA WAS WONDERING WHAT WAS GONNA HAPPEN, BUT ANYWAY, THAT WAS PLEASANT.

UM, SO AS I SAID, WE DON'T REALLY HAVE A, A PRESENTATION TONIGHT.

UM, PETER KEELEY, THE OWNER OF THE PROPERTY AND DEVELOPER IS ON THE PHONE IF NEEDED.

UM, AND STEVE JAMESON HERE WITH JAMESON ENGINEERING, UM, IS HERE FOR TECHNICAL QUESTIONS.

UM, I THINK OVERALL THIS PROJECT AS STAFF STATED AND ALWAYS DOES A GOOD JOB AT THEIR PRESENTATION IS REALLY NECESS STATED BY FIRE ACCESS.

UM, AND STEVE, IT'S DONE A GOOD JOB OF, UH, DESIGNING AROUND THAT.

I THINK TUNE, THEY ASKED HIM A COUPLE OF TIMES TO RENEGOTIATE THINGS AND HE DID AND MOVED THINGS AROUND SUCH THAT WE ACTUALLY DROPPED A VARIANCE.

UM, AND SO ALL YOU HAVE TONIGHT BEFORE YOU IS IN THE EXHIBIT WITH THE VERY DARK BLUE COLORS, WHICH IS WHERE THE SPAN BRIDGE GOES ACROSS AND DOES NOT HAVE ANY FOOTINGS IN THE CRITICAL WATER QUALITY ZONE.

IT DOES IT LIKE A LARGE PROJECT, BUT IN REALITY, UM, IT IS ONLY 12.2% BUILDING COVERAGE.

AND ABOUT 33.9% IN PERVIOUS COVER.

SO WHILE IT LOOKS KIND OF MASSIVE, IT'S JUST A LARGE SITE.

UM, AND WE'RE BUILDING IN THE AREAS WHERE WE'RE SUPPOSED TO BE BUILDING.

UM, IT'S JUST AS AN ASIDE, UH, WE'RE BUILDING UNITS AND MIXED USE IN A WHAT I'D CALL A FOOD DESERT.

UM, AND SO WE'RE ADDING A CONVENIENT STORE THAT WILL HAVE FRESH PRODUCE AND MEATS AVAILABLE.

AND, UH, THE OWNER IS PARTNERING WITH HAKA, THE HOUSING AUTHORITY, THE CITY OF AUSTIN, AND PROVIDING 50% OF THE UNITS AT 80% MFI OR LESS.

UM, SO, UM, I THINK THAT'S ABOUT IT.

I JUST WANTED TO ADD THOSE COLORFUL POINTS AND WE'RE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE THIS EVENING.

THANK YOU VERY MUCH.

APPRECIATE IT.

LET'S CHANGE IT UP.

AND, AND GOMO REMOTE FIRST.

UM, DO YOU GUYS HAVE ANY QUESTIONS FOR STAFF OR THE APPLICANT? YES.

THOMPSON PLEASE.

OKAY.

HAD TO FIND UNMUTE.

OKAY.

UM, MY QUESTION IS IT SAID THAT THERE WAS, UM, A PIPE GOING, IT WAS TRANS, IT WAS GOING ACROSS THE CREEK.

AND I'M WONDERING WHERE THAT IS IN CONJUNCTION WITH THE FLOODING.

AND I'D LIKE FOR YOU TO GO A LITTLE BIT OVER WHERE THE FEMA PART OF IT IS.

AND ALSO I'D LIKE TO KNOW IF THIS SITE WILL BE REQUIRED TO HAVE FLOOD INSURANCE SINCE IT'S PART OF THE FEMA FLOOD PLAIN.

UM, IT'S ACTUALLY NOT A PIPE.

UH, IT'S A STRUCTURAL BRIDGE THAT IS PROPOSED

[01:05:01]

TO BE CONSTRUCTED OVER THE CRITICAL WATER QUALITY ZONE, UM, TO CONNECT BOTH SITES, UM, THAT IS GONNA CONNECT TO THE YER, UH, TO THE, TO YER LANE CUZ UH, THE FIRE REQUIREMENTS, UH, KIND OF REQUIRES THIS SITE TO HAVE TWO FIRE AND EMERGENCY ACCESS ROUTES.

HENCE THE REASON THEY'RE PROPOSING TO HAVE STRUCTURAL BRIDGE, WHICH IS, UH, WAY BETTER THAN THE OTHER OPTION.

SO, UM, YES, SO THIS IS A BRIDGE AND UM, NOT A, IT'S NOT A PIPE AND REGARDING FLOOD INSURANCE, I REALLY DO NOT KNOW MUCH ABOUT THAT.

I THINK MAYBE THE, UH, MITIGATION, UH, THE CF REVIEWER WOULD BE ABLE TO ANSWER THAT QUESTION.

SO I WOULD ALSO DEFER TO THE APPLICANT REGARDING THAT.

OKAY.

MY QUESTION CONCERNING THE PIPE WAS THAT THEY SAID THERE WAS A WASTEWATER PIPE THAT WAS CROSSING AT SOME POINT UNDER, UM, THE WATERWAY.

AND I WONDERED, I LOOKED AT THE PLANS, BUT I COULD NOT FIND WHERE IT WAS.

AND I'M JUST WONDERING IF SOMEBODY COULD POINT ME IN THAT DIRECTION AND UM, OH MAYBE THE APPLICANT.

YEAH.

APPLICANT, CAN YOU GUYS SPEAK TO THAT? YES, THERE'S A, WE HAVE A WASTEWATER PIPE GOING ACROSS THE CREEK, BUT WE ARE BORING UNDER THE CRACK UNDER THE CREEK.

SO WE'RE, IT'S NOT GONNA BE AN OPEN CUT ACROSS THE CRITICAL IT'S GONNA BE A BORE.

SO WE ARE NOT GONNA BE INSIDE OF THAT.

AS FAR AS THE FEMA FLOOD PLAIN GOES, WE WERE NOT ENCROACHING IN, INTO THE FEMA FLOOD PLAIN AT ALL.

WE RIGHT.

WILL YOU STAY WITH THAT? WILL YOU BE REQUIRED TO HAVE, UH, FLOOD INSURANCE BECAUSE YOU'RE BUILDING NEAR IT? IT IS MY UNDERSTANDING THAT YOU FLOOD INSURANCE IS ONLY WHEN THE UNITS THEMSELVES, THE BUILDINGS ARE IN THE FEMA FLOOD, PLAIN, WHICH WE ARE WELL, WELL ELEVATED AND AWAY FROM THE FEMA FLOOD PLAIN.

SO I, I DO NOT BELIEVE IT IS REQUIRED.

OKAY.

AND THEN I HAD ANOTHER QUESTION.

UM, A LOT OF YOUR SITE HAS, UM, LIKE GROWTH THAT YOU SAID WAS IN GOOD CONDITION.

AND SO I'M WONDERING IF YOU'RE GOING TO DISTURB ANY OF THAT, UM, IN THE AREAS WHERE YOU'RE NOT GOING TO BE BUILDING, WILL YOU JUST LEAVE THE NATIVE VEGETATION OR WILL YOU IMPROVE IT OR WHAT'S THE PLAN? SO THE PRETTY MUCH ON THIS SITE WHERE WE ARE NOT BUILDING, SO BASICALLY I LIKE TO CALL THEM THE, THE DEVELOPMENT, PODS, EVERYTHING ELSE IS EITHER A FLOOD PLANE, UM, A WETLAND SETBACK OR AN ACTUAL WETLANDS.

AND WE HAVE GONE THROUGH AND CLEARED ALL THE COMMENTS FOR ALL OF OUR WETLAND MITIGATION WITH THE WHITLAND BIOLOGIST.

AND WE ARE PROPOSING MULTIPLE PLANTINGS AND THAT THERE IS AN EXISTING STOCK POND THAT HAS BEEN BREACHED THAT WE ARE GOING TO PUT BACK TOGETHER.

SO WE CAN REJUVENATE THAT WATER QUALITY IN THE, IN THE MIDDLE OF THE SITE.

BUT YEAH, MOST OF THE SITE IS GONNA BE LEFT UNDISTURBED AND OR IMPROVED WITH WETLAND MITIGATION.

OH, OKAY.

THANK YOU VERY MUCH.

THIS IS LIZ JOHNSTON WITH WATERSHIP PROTECTION.

UM, JUST TO ADD ONTO THAT, UM, AS THE APPLICANT MENTIONED, THERE'S A CRITICAL ENVIRONMENTAL FEATURE SETBACK, BUT THERE'S ALSO A CRITICAL WATER QUALITY ZONE ASSOCIATED WITH THE, THE WATERWAY AND BOTH OF THOSE PROTECTIONS.

UM, DON'T ALLOW, UM, ANYONE TO GO IN AND REMOVE VEGETATION WITHOUT, UM, WITHOUT SOME SORT OF A PERMIT FOR US TO REVIEW FIRST.

SO THERE, IT SHOULD BE PROTECTED.

THANK YOU.

ANYBODY ELSE? REMOTE? HAVE QUESTIONS OR COMMENTS? YES, SCOTT, PLEASE.

HI.

UM, WAS THERE SOME CUT AND FILL IN THIS, UH, PROPOSAL? WELL, I, I THOUGHT I, I THOUGHT I REMEMBERED THAT THERE WAS SO MUCH, UM, DID YOU, UH, ELABORATE? YES.

THIS VARIANCE IS FOR, UH, FILL OVER EIGHT FEET FOR THE, THE LAND USE COMMISSION VARIANCE.

AND THE ONLY AREAS THAT WE'RE PROPOSING THIS FILL IS BASICALLY THE CONNECTIONS OF THE SPAN BRIDGE, CUZ WE'RE SPANNING THE, THE CRITICAL WATER QUALITY ZONE IN THE FLOOD PLAINS.

AND THERE ARE REQUIREMENTS.

WE HAVE TO BE ONE OR TWO FEET ABOVE THE DEVELOPED FLOOD, PLAIN, WHICH PRETTY MUCH SETS THE HEIGHT OF THE BRIDGE.

SO THE ONLY WAY TO CONNECT IS TO BE AT THOSE ELEVATIONS AND, AND COMMISSIONER SCOTT.

WE DID ORIGINALLY HAVE A CUT VARIANCE AND AFTER WORKING WITH STAFF, WE REMOVED IT.

UM, AND WE DO HAVE AN ADMINISTRATIVE FILL VARIANCE THAT'S

[01:10:01]

BEEN APPROVED.

THANKS.

I, I REALLY APPRECIATE THAT.

I, UM, I'M, I'M CAMPING RIGHT NOW AND, UM, UH, I, AND WHEN I'M IN MY OWN BACKYARD, I, I NOTICE, UM, THERE'S SO MANY, UH, LITTLE TINY CRITTERS THAT LIVE THERE AND, UM, UM, I DON'T KNOW WHY, BUT I LIKE, UM, TOADS AND FROGS AND, UM, AND LIZARDS AND, AND I, I SEE THEM EVERYWHERE WHEN I'M IN, WHEN I'M AT HOME.

AND, UM, TODAY WHERE I'M CAMPING, I I'VE, I FOUND A, UM, LITTLE TINY, UM, TO, AND THEN I FOUND ONE THAT'S ABOUT THREE TIMES AS BIG.

AND I, IT SORT OF, I GOT THIS FEELING LIKE, WOW, DID THAT LITTLE TINY TOAD JUST SUDDENLY EXPAND, BUT NO, IT'S, IT'S THE SAME SPECIES, BUT IT'S JUST A MUCH LARGER ONE.

AND I JUST IMAGINE ALL THESE LITTLE TINY CRIES WHENEVER SOMEBODY'S CUTTING AND FILLING THAT WE NEVER HEAR.

AND SO, UH, I'M, I'M GLAD TO HEAR THAT.

UM, YOU WERE ABLE TO, UH, TO, UH, CHANGE THAT IN THE END THAT YOU'RE KEEPING THAT TO A MINIMUM.

UM, I, I, I THINK THAT THE MORE WE, UM, THE MORE I SEE DESTROYED AND, AND WHENEVER POSSIBLE, UM, I WOULD LIKE TO SEE EVEN JUST, UH, WHETHER IT'S A PRAIRIE OR WHETHER THERE'S TREES THERE, THERE'S ALWAYS LIFE.

THERE'S ALWAYS AN ECOLOGY TO THAT AREA.

AND I, I, I REALLY, UH, HOPE THAT WE CAN ALL JUST KEEP THAT IN MIND.

UM, IT LOOKS LIKE A GREAT PROJECT.

I APPRECIATE THE PRESENTATION.

UH, THAT'S REALLY MY ONLY COMMENT.

THANK YOU VERY MUCH.

VICE CHAIR.

BEDFORD.

DO YOU HAVE ANY QUESTIONS OR COMMENTS? ALL RIGHT, THANK YOU.

ALL RIGHT.

WE'LL GO AROUND THE HORN HERE AS WELL.

UM, BROER DO YOU HAVE ANYTHING? IF, IF NOT, THAT'S OKAY.

I, I, I, I, UH, , I'M NOT FORCING YOU TO IS WHAT I MEANT THIS AT.

NO, I, YEAH.

YEAH.

, WE'LL SPEAK LATER.

UH, NO, I, I, NO, I, YEAH, THANK YOU FOR THE PRESENTATION.

UH, EVERYONE, I, I DO APPRECIATE, UH, I I'M LOOKING AT, MOST OF MY QUESTIONS ARE JUST TO BETTER UNDERSTAND WHAT I'M LOOKING AT.

UM, I'M LOOKING AT SLIDE FIVE, OR AT LEAST THAT'S WHAT WAS EMAILED OUT OR ON THE WEBSITE, UM, THAT WAS, UH, PRESENTED AND IT LOOKS LIKE, UM, THERE'S GONNA BE A, A WATER RETENTION POND OR SOMETHING LIKE THAT IN THE MIDDLE.

IT LOOKS PRETTY LARGE.

UH, YOU KNOW, THE, IN OTHER WORDS, IT LOOKS LIKE IT'S GONNA FILL THE CREEK UP.

THOSE ARE, THESE ARE EXISTING STOCK PONDS, STOCK POND, OR I DON'T KNOW, WHATEVER, WHATEVER YOU, I DON'T SEE IT ON THE SATELLITE VIEW VERY WELL.

IT MAY BE ONE OF THESE THINGS HERE.

THAT'S KIND OF, IT MAY BE THE ONE WHERE WE'RE GONNA REPAIR IT TO HOLD WATER.

YEAH.

IT MAY BE KIND OF AMORPHOUS, UH, OR SOMETHING, WHATEVER THE RIGHT WORD IS.

UM, OKAY.

SO YOU'RE GONNA MAKE THAT THAT'S GONNA BE, BECOME PRETTY LARGE IF I, IF I CAN READ THIS CORRECTLY AND THERE'S GONNA BE ANOTHER POND, UH, FURTHER WEST OF THAT.

IF I READ THAT CORRECTLY, IS THAT, IS THAT CORRECT? YEAH, THERE'S A TOTAL OF THREE EXISTING STOCK PONDS IN THE CENTER THERE ALONG THE CREEK.

OKAY.

SO THERE'S THREE STOCK PONDS THERE AND THE ONE IN THE MIDDLE, THAT'S MORE TOWARDS THE MIDDLE OF THE, PROPERTY'S GONNA BE THE, THE LARGEST THAT'S THE BIG ONE.

YES.

AND THEN THE OTHER ONE, YOU'RE GONNA RECLAIM THE ONE AT THE BOTTOM, UH, AT, AT THE FAR LEFT.

UH, WHICH WOULD BE, I BELIEVE THAT'S ACTUALLY SOUTH, EVEN THOUGH THE NORTH ARROW.

YEAH.

ON THIS SLIDE.

WELL, I WAS A BIT BAFFLED BY THE WAY, THIS THING WAS ORIENTED RELATIVE TO, BUT NEVERTHELESS, UH, SURE.

THE SOUTH.

OKAY.

THE ONE ON THE SOUTH.

OKAY.

AND THEN THERE'S ANOTHER ONE THAT'S FURTHER NORTH, CLOSER TO THE INTERSECTION.

YEAH.

THAT'S THE ONE WHERE WE'RE GONNA REPAIR.

OKAY.

YOU'RE GONNA REPAIR THAT.

AND THEN YOU'RE GONNA ESSENTIALLY BUILD A NEW ONE IN THE, KIND OF THE MIDDLE OF THE PROPERTY.

UH, THAT ONE'S THE, THE ONE TOWARDS THE SOUTH IS THE ONE WE'RE, WE'RE NOT ALLOWED TO GET INTO THE OTHER TWO UHHUH WITH THE SETBACKS.

UM, ON SITE, WE ARE ADDING, I BELIEVE FOUR DETENTION PONDS AND FOUR WATER QUALITY PONDS TO TREAT AND CONTROL ALL OF OUR RUNOFF FROM OUR PREVIOUS COVER.

OKAY.

UM, NOW WITH REGARD TO, UH, SOMETHING THAT CAME UP AT ANOTHER HEARING FOR SOMETHING ELSE, UH, THERE'S BEEN A QUESTION WHO, WHO MAINTAINS THE WATER QUALITY PONDS, YOU KNOW, TRASH, AND THOSE WILL BE PRIVATELY MAINTAINED.

THERE'S A MAINTENANCE AGREEMENT THAT GOES ALONG WITH THAT WITH THE, IT'LL BE A EVENTUALLY A PROPERTY OWNER'S ASSOCIATION.

BUT RIGHT NOW IT'S, IT'S AN OWNER REQUIREMENT.

OKAY.

SO IT'S NOT, THEY'RE NOT CITY MAINTAINED PONDS, THEY'LL

[01:15:01]

BE PRIVATELY MAINTAINED.

OKAY.

SO THERE WILL BE THE PROPERTY OWNER, CORRECT MANAGEMENT COMPANY, OR CORRECT.

WHOEVER RUNS THE PLACE WILL BE RESPONSIBLE FOR CORRECT.

CLEANING THE DEBRIS AND MAKING SURE THAT THEY HAVE A FREE FLOW OF WATER THROUGH, THROUGH THE WHOLE THING.

YES, SIR.

SO THAT, IF THERE'S AN ISSUE WITH THAT, THE CITY, IF SOMEONE, YOU KNOW, REPORTS A PROBLEM, THIS CITY WILL CALL YOU UP AND SAY, CORRECT, OR CALL WHOEVER UP AND SAY, YOU KNOW, YOU'VE GOT AN ISSUE YOU'VE GOTTA GO OUT AND CLEAR THIS OUT AND MAKE SURE THAT YES, SIR, WATER FLOWS REALLY, OR THE TRASH IS PICKED UP OR I, WHATEVER, WHATEVER THE DEAL IS.

SO IT'S NOT LEFT TO THE CITY TO, AND I THINK THE CITY STILL HAS THEIR OWN INSPECTIONS.

I THINK YEARLY IF I'M NOT MISTAKEN.

SO THEY'LL, I IT'S THE CITY LEGAL DOCUMENT.

I BELIEVE IT WISHED TO COVENANT THAT YOU HAVE TO FILE.

YES.

YES.

IT'LL BE THAT'S THE CITY REQUIRES YOU TO DO THE PRIVATE.

YEAH.

IT'LL BE A RECORDED MAINTENANCE AGREEMENT FOR THE PAW.

SO IT IT'LL BE ON FILE, BUT YEAH.

YES.

EVERYTHING YOU SAID IS CORRECT.

IS THAT CORRECT? LIZ AND OR WHOEVER, COULD YOU REPEAT THE QUESTION? I'M SORRY.

UH, THERE, UH, OUR MAINTENANCE AGREEMENT FOR OUR PONDS, OUR ONSITE PONDS WILL BE OBVIOUSLY RECORDED AND MAINTAINED BY THE OWNER.

AND THEN EVENTUALLY IT'LL BE A PROPERTY OWNER'S ASSOCIATION.

RIGHT.

AND THERE IS ONGOING INSPECTION OF PONDS BY WATERSHED PROTECTION STAFF ON A, A ROTATING BASIS.

AND SO WHAT THEY DO IS LOOK AT THE APPROVED PLANS AND THEN INSPECT IT, UM, ROUTINELY AND MAKE SURE THAT IT'S OPERATIONAL.

SO, UM, YEAH, THOSE THAT REALLY THE, THE SITE PLAN IS, IS, UM, A BIG PART OF COMPONENT OF THAT.

AND THEN IF THE MAINTENANCE AGREEMENT ASSOCIATED WITH THAT WOULD BE ON RECORD WITH US.

OKAY.

SO THAT'S ALL COVERED UNDER THE SITE PLANT YES.

WOULD BE THE MAINTENANCE FOR THE WATER QUALITY PONDS AND ALL THAT FUN STUFF.

WELL, THE, THE MAINTENANCE AGREEMENT, IF THERE IS AN, IF THERE IS ADDITIONAL MAINTENANCE ASSOCIATED WITH THE POND, THAT WOULD BE A SEPARATE DOCUMENT, BUT IDEALLY THE, THAT AGREEMENT WOULD BE REFERENCED ON THE SITE PLAN SO THAT INSPECTORS WOULD KNOW ABOUT IT, BUT WE CAN FOLLOW UP.

WE, WE HAVE A MAINTENANCE AGREEMENT.

THAT'S PART OF OUR UDA AND OKAY.

DRAIN ACHIEVEMENTS.

YEAH.

YEAH.

IT'S ALL INCLUDED.

AND YOU'RE WITH YOUR, WHEN YOU TALK ABOUT THE FLOOD PLAIN, YOU'RE TALKING ABOUT THE HUNDRED YEAR FLOOD PLANE, CORRECT.

500 YEARS, THE HUNDRED YEAR, WHICH 2 MILLION YEARS WHATEVER THIS IS, THIS, ALL OF OUR DRAINAGE CALCULATIONS WERE DONE.

I KNOW Y'ALL UNDERSTAND THIS FROM THE LAST TIME ATLAS 14 REQUIREMENTS, WHICH IS THE LATEST INCREASE.

SO ALL OF OUR CALCULATIONS AND FLOODPLAIN, UH, HAS ALL BEEN DONE PER THOSE REQUIREMENTS.

OKAY.

AND SO YOU'RE ALL OUTSIDE OF THE OUT 14 AND ALL THOSE FLOOD PLANE MODELS AND SITE PLAN AND FLOOD PLANE, DELINEATIONS OF ALL, WE'VE CLEARED ALL THOSE COMMENTS.

IT'S BEEN THROUGH THE REVIEWS AND WE'VE JUMPED ALL THOSE HURDLES FOR NOW.

OKAY.

THANK YOU VERY MUCH.

APPRECIATE IT.

NO PROBLEM.

HEY, GARY, DO YOU HAVE ANYTHING? YES.

UH, YES.

UH, THANK YOU.

UH, THANK YOU VERY MUCH FOR THE PRESENTATION.

UM, I REALLY DO APPRECIATE, UH, Y'ALL BEING FORWARD THINKING AND THINKING ABOUT THE COMMUNITY NEEDS, UM, ESPECIALLY, YOU KNOW, BEING FAMILIAR WITH, UH, FOOD DESERTS.

SO REALLY APPRECIATE THAT.

I WOULD JUST ENCOURAGE YOU TO REALLY LOOK AT THE QUALITY OF WHAT'S THE PRODUCE AND OTHER FOODS THAT ARE PROVIDED IN THE COMMUNITY.

UH, ONE QUICK QUESTION THAT I HAVE IS, UM, THE MAINTENANCE OF THE BRIDGE WHO IS GOING TO BE RESPONSIBLE FOR THAT WILL BE, WILL THAT BE THE APPLICANT OR WHO THAT WOULD BE THE OWNER? YES, THE OWNER WILL.

OKAY.

THANK YOU.

I KNOW THAT'S, UM, REQUIREMENT.

SO JUST WANNA MAKE SURE THAT THAT'S GONNA BE COVERED THROUGH, THANK YOU VERY MUCH.

SO WHILE I'M HAPPY THAT A, UH, YOU KNOW, THE CUT VARIANCE REQUEST WAS NOT NO LONGER NECESSARY.

I WAS REALLY, REALLY LOOKING FORWARD TO SAYING THAT THIS CUT AND FILL WAS CUT AND DRY AND NO IN ALL SERIOUSLY.

SO THANK YOU SO MUCH, UH, FOR THE PRESENTATION.

AND ALSO THIS SEEMS EXTREMELY, JUST NECESSARY FOR PUBLIC SAFETY.

SO I'M SUPPORTIVE.

THANK YOU.

HI, COMMISSIONER BARRETT, BIXLER.

UM, THANK YOU AS WELL FOR, FOR COMING OUT TONIGHT AND FOR YOUR PRESENTATION.

UM, I HAVE A COUPLE QUESTIONS.

SO MY FIRST ONE IS JUST APOLOGIES.

IT'S JUST MORE BACKGROUND INFORMATION.

SO WHAT IS CURRENTLY THERE NOW? DID I, I MIGHT HAVE MISSED THAT.

IT'S UNDEVELOPED.

OH, IT'S I THINK THERE'S TWO OLD HOUSES IN THE FAR CORNER.

OKAY.

CUZ I WAS JUST, I WAS LOOKING AT THAT MAP AND I WAS JUST TRYING TO UNDERSTAND, BECAUSE I SAW THE WAY THAT STAFF WROTE THE, WROTE THE LANGUAGE AS WELL AS LIKE THE, THE, UM, WATER QUALITY PONDS AND WASTEWATER AND DRAINAGE WOULD BE IMPROVED.

SO THEN I WAS THINKING, WELL, WHAT WHAT'S THERE? THE IT'S IT'S PRETTY MUCH UNDEVELOPED.

OKAY.

AND THEN I DID SEE THE RAIN GARDEN IN THE NOTES AS WELL.

SO I'M JUST CURIOUS ABOUT THAT.

I LOVE RAIN GARDENS.

SO IS IT

[01:20:01]

NO, WE HAVE MULTIPLE WATER QUALITY PONDS AND OF COURSE, A RAIN GARDEN TO TREAT AND TREAT THE RUNOFF AND DETAIN THE RUNOFF RATES FOR THE ENTIRE DEVELOPMENT AND THIS BEING, SINCE WE CAN'T GO ACROSS THE CREEK AND CONSOLIDATE IT, WE HAD TO HAVE A BUNCH OF BASICALLY SPOT PONDS TO CATCH THE WATER IN THE, MAKE IT AS EFFICIENT AS POSSIBLE.

OKAY.

UM, THANKS.

SO MY LAST QUESTION IS ABOUT THE, UM, THE STAFF RECOMMENDATIONS THAT I SAW IN, UM, UM, I GUESS, YOU KNOW, ONE OF THE, WHATEVER IT'S CALLED SUPPLEMENTAL DOCUMENTS, BUT THE, UM, TO PRESERVE TREES AND NATURAL AREAS AND APPLY CITY OF AUSTIN LANDSCAPING OR ORDINANCE, AND ALSO PROVIDE STRUCTURAL CONTAINMENT OF FILL WITH THE RETAINING WALL.

AND I DON'T AND APOLOGIES IF I MISS THAT IN THE PRESENTATION, BUT IS THE APPLICANT AGREEING TO THOSE RECOMMENDATIONS? YES, IT WAS ALL PART OF OUR DISCIPL AND THAT'S OKAY.

CURRENTLY CLOSE TO BEING PERMITTED, HOPEFULLY WHEN THIS GETS DONE.

OKAY.

THANK YOU.

I JUST WANTED TO CLARIFY, UM, NO FURTHER QUESTIONS.

THANKS.

UH, YEAH, I MEAN, UH, THIS IS REALLY MORE OF A COMMENT, I GUESS, YOU KNOW, UH, YOU KNOW, Y'ALL WERE TALKING ABOUT SORT OF, YOU KNOW, HAVING, YOU KNOW, RAIN GARDENS AND WHATNOT, YOU KNOW, HAVING LIVED OFF OF, UH, YOU KNOW, BREAKER AND DESA.

DEFINITELY.

I THINK THAT, YOU KNOW, NORTHEAST PART OF AUSTIN IS GROWING A LOT WITH, YOU KNOW, VILLE MAYNARD, YOU KNOW, 45, UH, AUSTIN FC SAYING UP THE PITCH AND THEIR TRAIN FACILITIES AND STUFF LIKE THAT NEARBY.

SO I THINK, YOU KNOW, AS THIS PARTS OF THIS PART OF TOWN BECOMES, YOU KNOW, MORE URBANIZED, UH, HAVING LIKE GREEN SPACE, ESPECIALLY IF YOU HAVE LIKE APARTMENTS AND WHAT NOT, THEY'RE HAVING, YOU KNOW, GREEN SPACES FOR THE PEOPLE THAT LIVE THERE WILL, UH, BE REALLY CRUCIAL.

AND OTHER THAN THAT, NO FURTHER QUESTIONS.

HI, COMMISSIONER SHERA.

I WANTED TO ASK IF THERE WERE PLANS FOR SIDEWALKS ALONG YAGER PLAN FOR THIS RIGHT NOW, YAGER IS NOT AN IMPROVED ROAD.

AND SO IT WOULD HAVE TO BE AT THE TIME WHERE JAGERS IMPROVED WITH, UH, CURBING GUTTER RIGHT NOW THERE, THE ROAD WON'T FACILITATE THE SIDEWALKS.

NO, NO, IT'S, IT'S NOT, UH, IT WAS NOT A REQUIREMENT FOR THIS PROJECT AS FAR AS TRANSPORTATION REQUIREMENT, BUT IT'S STILL, IF, IF IT WAS, IT WOULD STILL WOULD NOT, UH, NOT UNTIL THE ROAD WOULD BE IMPROVED.

IT'S A LITTLE TOO DANGEROUS TO BE WALKING.

OKAY.

I THINK WAY WE'VE DESIGNED IT IS YOU CAN WALK INTERNALLY THROUGH THE PROJECT TO GET TO MM-HMM TO GET TO THE, NO, NOTHING ALONG GIG THOUGH.

DON'T PAR YES.

THERE'S EXISTING.

SO THERE'S SIDEWALKS, THERE'S A LIKE A PRIVATE SIDEWALK OR TRAILS OR WHAT EXACTLY.

SO THEY CAN RIGHT NOW IT'S INTERNAL SIDEWALKS.

MM-HMM , UH, WE DON'T HAVE, WE HAVE NOT PROPOSED ANY TRAILS OR ANYTHING THROUGH THE, THE WETLANDS AND THE SETBACKS.

THAT WOULD BE THE ONLY WAY WE COULD GET THROUGH THERE TRAILS WOULD BE NICE.

OKAY.

YEAH.

I JUST WANNA MAKE SURE THAT PEOPLE CAN ACTUALLY WALK AND BIKE TO THE, TO PARER LANE THROUGHOUT THE PROPERTY, RIGHT.

INTERNALLY.

YES.

OKAY.

THANK YOU.

MM-HMM THANK YOU, UH, STAFF AND FOR THE APPLICANT, FOR THE PRESENTATIONS, UM, A COUPLE QUESTIONS KIND OF CLARIFYING ABOUT THE STAFF CONDITIONS.

UM, AND LET ME PULL 'EM UP HERE.

I APOLOGIZE AS WELL.

UM, I'M LOOKING AT SLIDE NINE OF 12 FROM THE STAFF PRESENTATION.

SO THE PRESERVATION OF TREES AND THE NATURAL AREAS WHERE IT NOTES 787 TREES.

IS THERE A TREE SURVEY THAT THAT DOES EVERYONE IS IT IS WHERE ARE THOSE TREES RECORDED IN THIS PROCESS? YOU SHOULD HAVE AN EXHIBIT THAT SHOWS A LOT OF GREEN CIRCLES MM-HMM AND THEN THE NEXT PAGE IS A REALLY BIG TREE LIST.

THEY'RE ALL RIGHT THERE.

AND IT'S ALL BEEN FROM A DESIGN SURVEY FROM A SURVEYOR.

ALL RIGHT.

SO YOU, WE ALL KNOW WHERE THOSE SEVEN OR 87 ARE.

OKAY, PERFECT.

I COLORED THEM GREEN MYSELF.

THANK YOU.

AND THEN SIMILARLY, UM, THE NEXT BULLET'S GOT APPLIED CITY OF AUSTIN LANDSCAPING ORDINANCE ON THE ETJ ADDING 118 STREET TREES, 174 LANDSCAPE.

ARE THOSE ALL CALLED OUT ON THE LS AS WELL? YES, THERE'S LANDSCAPE IN PART OF MY SIDE PLAN ARE THE LANDSCAPE PLANS, BUT THERE ARE ALSO EXHIBITS IN YOUR BACKUP.

OKAY.

SO THAT SHOW THOSE TREES AND THEN LASTLY, TO KIND OF FOLLOW UP ON THE SIDEWALKS.

UM, SO IN, IN INTERNAL SIDEWALKS, I'M, I'M, I'M LOOKING AT KIND OF THE, WHAT WOULD BE THE SOUTH EAST NODE FOR DEVELOPMENT.

IF THAT PERSON WANTED TO GET TO THE CONVENIENCE STORE, THEY COULD WALK ACROSS THE BRIDGE AND GO KIND OF AROUND THE WEST SIDE TO GET THERE.

CORRECT.

BUT THERE WOULD NOT BE A SIDEWALK OR AN IMPROVED KIND OF PET ACCESS JUST NORTH,

[01:25:01]

EITHER INSIDE THE PROPERTY AND THE FLOOD PLAIN OR NO, AND WE WERE STAYING OUT OF ALL OF, AND ON THAT BRIDGE, ARE THERE SIDEWALKS SIDEWALK? ONE SIDE WILL HAVE A SIDEWALK.

OKAY.

ALL RIGHT.

I DON'T HAVE ANY FURTHER QUESTIONS YOU GOT MM-HMM UM, THANKS FOR EVERYBODY FOR PRESENTATION, UH, COMMISSIONER BRISTOL.

UM, I FEEL LIKE I'M SAYING THAT WITH A QUESTION BEHIND IT.

I AM JENNIFER BRISTOL.

OKAY.

THERE.

UM, SO , WE HAD OUR DOUBTS.

I KNOW A LOT OF PEOPLE DO.

UM, YEAH.

SO MY QUESTION, UH, I'LL START WITH THE, UM, WITH THE RETENTION PONDS AND THE, UM, AND THE WETLANDS AND STUFF, YOU KNOW, A LOT OF TIMES I SEE IN DEVELOPMENTS THAT THEY JUST SORT OF MOW EVERYTHING AROUND IT AND THEY DON'T REALLY NECESSARILY LEAVE IT A NATURAL SPACE.

UM, AND WHEN THEY MOW AROUND IT, THEN YOU DON'T HAVE BIRDS, YOU DON'T HAVE, YOU KNOW, WILDLIFE AND THOSE KIND OF THINGS.

TALK TO ME A LITTLE BIT ABOUT HOW YOU, UM, PLAN TO PRESERVE THE INTEGRITY OF THESE WETLANDS, BUT THEN ALSO THE RAIN GARDENS AND THE OTHER WETLANDS THAT YOU'RE, UM, ADDING RIGHT THEN THE, ON THE SITE PLAN THAT WE HAVE, UH, WE HAVE FROM OUR LANDSCAPE, I DON'T WANNA SAY DIVISION, UH, HELP THAT WE HAVE, WE HAVE PLANTINGS, UH, ALONG THE PONDS OR THE OUTFALL STRUCTURES.

WE HAVE ACTUAL, UH, BRUSH GRASS AND PLANTINGS AROUND THERE TO DIFFUSE THE WATER AS IT COMES OUT.

AND ALL THE, ALL THE MITIGATION STUFF INTERNALLY IS, UH, IS NOT IN OUR LIMITS OF CONSTRUCTION.

I CAN'T SPEAK TO SOMEONE GOING OUT THERE IN 10 YEARS AND DOING ANYTHING, BUT FOR RIGHT NOW, ALL OF THAT IS OUTSIDE OF OUR LIMITS OF CONSTRUCTION.

OKAY.

UM, AND, UH, I JUST WANNA POINT OUT HERE, UH, TREE NUMBER 5 51, THE CHINABERRY, UH, IF YOU WANNA LOSE THAT, THAT'S GREAT.

UM, I GREW UP IN CHINABERRY IN MY YARD AND IT WAS NOT PRETTY BAREFOOT YES.

UM, IT, MY OTHER QUESTION, SO I JUST, AGAIN, GOOD IN CLARITY.

UM, THESE ARE THE MAJORITY OF THE BUILDINGS ARE FOUR STORE.

IS THAT RIGHT? THE, THEY RANGE FROM FOUR TO FIVE TO THREE, AND THEN THE CONVENIENCE STORES OFF OF ONE.

OKAY.

SOME OF THOSE APARTMENTS ARE, I THINK THEY'LL GO UP TO, THEY HAVE SOME PARKING UNDERNEATH AND THEN SOME STORIES.

SO I THINK TOTAL IT'D BE FIVE OR SIX.

OKAY.

BUT THERE'S NOT ANY UNDERGROUND PARKING.

IT'S JUST, THEY HAVE THE PARKING AND THEN IT'S ON.

YEAH.

OKAY.

CORRECT.

OKAY.

OKAY.

AND THEN, UM, I DO WANNA ECHO, UH, WHAT SOME OF THE OTHER COMMISSIONERS SAID, YOU KNOW, I WOULD LOVE TO SEE SOME, SOME TRAILS, UM, THROUGH THIS AREA.

AND THEN, UM, IF YOU ARE, UH, YOU KNOW, LOOKING AT A TRACKING FAMILIES, MAYBE SOME SORT OF NATURAL PLAY AREA, UH, FOR THE KIDDOS OUT THERE TOO.

OKAY.

THAT I, UH, LIKE RIGHT NOW WITH ALL THE AREA THAT YOU SEE, THAT'S NOT DEVELOPED IS CURRENTLY A SETBACK.

IT'S EITHER CRITICAL WATER QUALITIES ON OR, UH, WETLAND SETBACK.

UM, SO THAT WAS NOT SOMETHING THAT WE HAVE LOOKED INTO OR THAT, UM, NATURAL TRAILS THROUGHOUT I THINK IS, IS A PLUS.

UH, I WOULD, TO THIS POINT, WE DON'T, WE HAVEN'T PROPOSED ANY.

OKAY.

OKAY.

I SEE YOU HAVE SEVERAL SWIMMING POOLS HERE.

SO I WAS THINKING, WELL, WE'VE GOT THE SWIMMING POOLS, MAYBE IN NATURAL PLAY AREA.

MIGHT BE NICE.

THERE WILL BE FISHING OUT THERE.

I CAN TELL YOU.

OH, YES, YES.

OKAY.

OKAY.

UM, I THINK THAT'S, THOSE ARE THOSE A MAJORITY OF MY QUESTIONS, UM, STAFF, IS THERE ANY CONFLICT WITH THEM HAVING TRAILS WITHIN EITHER THE CRITICAL OR THE CF BUFFERS THAT THAT WOULD PRECLUDE THEIR ABILITY TO DO THAT? WE WOULD WANT TO REVIEW THE LOCATION OF THAT.

UM, UH, SO IT, IT DEPENDS, UM, DEPEND TRAILS CAN CROSS CRITICAL WATER QUALITY ZONES.

UM, WITHIN THE WETLAND SETBACK, IT KIND OF DEPENDS.

THEY WOULD MAYBE NEED TO PROVIDE ADDITIONAL MITIGATION AND THERE PROBABLY ARE SOME LOCATIONS WE WOULD WANT THEM TO STAY AWAY FROM, BUT, UM, WE COULD, WE COULD PROBABLY FIND A WAY TO WORK IT OUT.

OKAY.

ANY OTHER QUESTIONS? YES.

I HAVE ONE MORE QUESTION OR BRUN OR I'D BE EXCITED TO HEAR MORE QUESTIONS.

I'M SURE YOU'D BE JUST TICKLED PINK, UH, COMMISSIONER BREER.

UH, THIS IS, UH, FOLLOWS UP WITH, UH, COMMISSIONER SHERIFF'S, UH, COMMENT ABOUT SIDEWALKS.

UH YOU'RE WITHIN SPIT AND DISTANCE OF, UH, SAMSUNG.

UH, I, I DON'T SUPPOSE, UH, YOU'RE GONNA, AND, AND SAMSUNG BOULEVARD LOOKS LIKE A REAL ROAD UNLIKE, UH, YAGER LANE.

SO, UH,

[01:30:01]

I CAN'T TELL FROM THIS SATELLITE PICTURE, WHETHER OR NOT THERE'S SIDEWALKS, UH, ALONG, UH, THERE'S SIDEWALKS ALONG PAR LANE.

WELL, THAT'S NOT WHAT I WAS GONNA ASK.

OH, BUT THAT'S A VERY GOOD STATEMENT.

THANK YOU.

UH, ARE THERE SIDEWALKS ALONG, UH, SAMSUNG BOULEVARD? UM, WE, THERE'S A TRACT BETWEEN, WE DON'T GO ALL THE WAY TO SAMSUNG.

OKAY.

WE GO ABOUT HALFWAY.

OH, OKAY.

SO OUR LINE IS ABOUT HALFWAY FROM GER TO SAMSUNG.

OKAY.

SO YOU DON'T OWN THE PROPERTY? NO.

SAMSUNG OWNS THAT PROPERTY OH, THEY DO.

HUH? OKAY.

ALL RIGHT.

THANK YOU.

NO PROBLEM.

BUT THERE ARE SIDEWALKS ALONG PARER PARER CORRECT.

EXISTING FROM, SO Y'ALL'S NORTH FRONTAGE.

MM-HMM WEST, I GUESS, TO THE SAMSUNG, CORRECT? I KNOW CUZ WE HAVE TO REPLACE THEM FOR OUR DRIVEWAYS.

OKAY.

AND THEN LOOKS LIKE THERE'S A, I CAN'T TELL IF THERE'S A CROSSWALK, BUT THERE'S DEFINITELY A SIDEWALK FROM THERE GOING FARTHER WEST TO THE SAMSUNG CAMPUS.

ANYTHING ELSE? COMMISSIONER BREMER.

NO.

OKAY.

I'LL LET YOU OFF.

THANK YOU BY ALL MEANS ANYTHING.

ANYONE ELSE? ALL RIGHT.

I MOVE TO CLOSE THE PUBLIC HEARING.

SECOND, SECOND BY CARI.

ALL THOSE IN FAVOR.

I BELIEVE THOMPSON WAS FURTHER GETTING EXCITED ABOUT ALL THOSE IN FAVOR.

RAISE YOUR HAND.

ALL RIGHT.

YOU KNOW, ANNA, YOU UNANIMOUSLY CLOSING THE PUBLIC HEARING.

UM, THANK YOU.

THANK YOU.

RIGHT.

GOT EXCITED.

DO, DO I, I NEED TO DO A BETTER JOB OF THAT APPARENTLY.

UM, UH, ALRIGHT.

DO YOU HAVE A MOTION? UH, WE DO.

AND IT IS VERY EXCITING.

UM, OKAY.

SEPTEMBER 7TH, UH, 2022, UH, BKO PARER SP 2 21 0 DASH 0 0 3 4 D.

UH, WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT IS REQUESTING TO VARY FROM LDC 25 DASH EIGHT DASH 3 42 TO ALLOW FILL OVER FOUR FEET UP UP AS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE SITE IS LOCATED IN THE HARRIS BRANCH WATERSHED SUBURBAN DESIRED DEVELOPMENT ZONE.

AND WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT THE STAFF RECOMMENDS THIS VARIANCE.

HAVING DETERMINED THE FINDINGS OF FACTS HAVE BEEN MET.

THEREFORE THE ENVIRONMENTAL COMMISSION RECOGNIZE THE VARIANCE REQUEST WITH THE FOLLOWING STAFF CONDITIONS, PRESERVE TREES AND NATURAL AREA APPLY.

CITY OF AUSTIN LANDSCAPING ORDINANCE IN THE ETJ SITE PROVIDE STRUCTURAL, UM, CONTAINMENT OF FILL, UH, WITHIN, UH, WITH A RETAINING WALL.

AND THEN I BELIEVE THAT, UM, BASED ON WHAT SEVERAL OF THE COMMISSIONERS HAVE SAID HERE, UH, WORK WITH STAFF TO FACILITATE WALKING TRAILS AND THE CRITICAL WATER, WATER ZONE, CRITICAL WATER ZONE, WATER, QUALITY ZONE, QUALITY, THROWING THE WORD IN, THEN THAT'S AN ENVIRONMENTAL COMMISSIONING CONDITION, CORRECT? YES.

EXCUSE ME.

COMMISSIONER BRISTOL.

WERE YOU ALSO MENTIONED, UH, MAINTAINING HIS WETLANDS, YOU KNOW, THE, YOU KNOW, THE AREA AROUND THE, UH, RETENTION PONDS.

AND I THINK THAT THAT SHOULD BE ADDED IN THERE AS WELL.

IF, IF THAT'S SOMETHING THAT WE ALL AGREE SHOULD BE DONE IS RETAINING THAT AS A WETLAND, AS OPPOSED TO, YOU KNOW, MOWING IT EVERY TIME THE TRACTOR GOES BY.

YEAH.

OKAY.

GOT IT.

COMMISSIONER BROMMER THOSE ARE FOR THE WATER QUALITY DETENTION PONDS, IS THAT CORRECT? CORRECT.

OKAY.

IS THE APPLICANT, IS THAT SOMETHING THAT Y'ALL HAVE CAN ACCOMMODATE THE ENGINEERING OF, IS THAT, UM, POSSIBLE IF I, IF I UNDERSTAND IT CORRECTLY, WE WERE TALKING ABOUT OUTSIDE OF THE PONDS, LEAVING IT AS NATURAL.

THAT'S THE PLAN ANYWAY.

SO I DON'T THE PONDS YOU TO MAINTAIN THE PONDS THEMSELVES HAVE TO BE MAINTAINED AND MODE AND EVERYTHING.

AND THEN WITH, I WOULD SAY FIVE FEET OF THE OUTSIDE OF THE POND TO KEEP IT ALL CLEAR.

AND THEN WITH OUR PLANTINGS THAT WE HAVE, THOSE WILL HAVE TO BE MAINTAINED.

UH, BUT OUTSIDE OF THAT, THE PLAN WAS TO THAT'S TO US, THAT'S CRITICAL ENVIRONMENTAL FEATURE SETBACK.

WE ARE SUPPOSED TO STAY OUT OF THAT.

SO, UM, COMMISSION BRIAN AMER I THINK WE WERE TALKING ABOUT TWO, TWO SEPARATE WATER, UM, THINGS.

OKAY.

THERE'S THE, THE NATURAL, UH, WATER, UH, AND THE, UM, PONDS THAT ALREADY EXIST THERE AND THE WETLANDS THAT ARE EXIST THERE.

AND THEN THERE'S THE RETENTION PONDS, WHICH, UM, WHEN I WAS REFERRING TO THOSE, I WAS ALSO REFERRING TO THE RETENTION PONDS, WHICH I OFTEN SEE AS JUST THESE MODE, YOU KNOW, KIND OF THING.

SO, UM, WHAT WERE YOU THINKING

[01:35:01]

THERE? COMMERCIAL BRIAN, I MAY HAVE, UH, PROPOSED PUT THE TWO TOGETHER.

OKAY.

BUT REGARDLESS TO THE EXTENT THAT WE WANNA MAINTAIN SOME OF THE AREA AS, UH, WETLANDS, I THINK WE NEED TO INCLUDE A STATEMENT THAT SAYS, OKAY, THESE AREAS NEED TO BE MAINTAINED AS WETLANDS.

AND IF THAT DOESN'T INCLUDE THE WATER RETENTION PONDS, BECAUSE OF ISSUES THAT HAVE TO DO WITH THAT, THEN I'M OKAY WITH THAT.

UH, BUT IF WE WANNA MAINTAIN SOME WETLANDS FOR MIGRATORY FOUL OR, YOU KNOW, WHATEVER, THEN I THINK WE NEED TO MENTION THAT SPECIFICALLY TO ENSURE THAT IT'S COVERED.

HI, THIS IS LIZ JOHNSTON WATERSHED PROTECTION.

UM, JUST CONFIRMING, UH, YES, THE DETENTION PONDS DO NEED TO BE MAINTAINED AND MODE SO THAT WE WOULD NOT BE ABLE TO INCLUDE THOSE IN THE C F SETBACK.

UM, UM, THE CRITICAL ENVIRONMENTAL FEATURES ARE PART OF THE SITE PLAN.

IF WE WOULD LIKE ADDITIONAL PROTECTION, EITHER SIGNAGE OR SOME SORT OF SPLIT RAIL FENCE WOULD ALSO BE APPROPRIATE.

AND CHAIR, UM, JUST QUICK PROCEDURAL, PLEASE.

UH, WE, I DON'T BELIEVE WE'VE HAD A SECOND ON THIS BEFORE WE HAVE ANY MORE DISCUSSION.

DID WE WANNA HAVE A SECOND FOR ANY AMENDMENTS OR PROPOSED? WE'RE ACTUALLY STILL MAKING THE MOTION.

SO, UH, WHAT WE WOULD WANNA DO IS COMMISSIONER, UH, BRISTOL HAS A MOTION THAT SHE'S PROPOSED GET A SECOND ON IT, AND THEN ANY ADDITIONAL CHANGES IF YOU WANNA MAKE, THEN THEY CAN BE ADDED AS AN AMENDMENT AND THEN, OR A SUBSTITUTE MOTION IF IT'S SUBSTANTIALLY DIFFERENT.

OKAY.

OKAY.

I SECOND BRISTOL'S MOTION AS WAS STATED EARLIER IN THE MEETING.

LET'S, LET'S VOTE ON THAT.

AND THEN IF WE WANT TO AMEND AFTERWARDS, YOU DON'T NEED TO VOTE ON YOU.

, IT'S ALMOST LIKE WE NEED IT.

IT'S ALMOST LIKE WE NEED AN ADMINISTRATIVE, UH, AN ITEM ON AN AGENDA.

YOU NEED A FIRST AND A SECOND.

ONCE YOU MAKE A SECOND, THE MOTION IS, IS THE BODIES, THE BODIES.

AND EVERYONE HAS TO HAVE CONSENSUS TO ADD ANYTHING TO IT.

IF ANYONE DISAGREES, THEN YOU HAVE TO HAVE A SUBSTITUTE MOTION, UH, FOR SOMEONE WHO DISAGREES, BUT GET A SECOND, THEN YOU CAN DISCUSS CONSENSUS DRIVEN, ADDITIONS, EXCUSE ME, UM, UH, POINT OF ORDER, UM, A, UH, UH, AN AMENDMENT, UM, TO THE, UH, MOTION CAN BE MADE AND, UM, AND VOTED ON.

AND THEN THE, UH, AND THEN THE MOTION ITSELF CAN BE VOTED ON.

UH, SO REALLY ALL WE HAVE TO DO IS WE HAVE, WE HAVE A MOTION AND NOW WHAT WE NEED IS, UH, UH, A, UH, A MOTION TO AMEND COMMISSIONER SKE.

THAT'S NOT THE PROCESS THAT WE'VE FOLLOWED IN THE PAST.

WE NEED A SECOND, UH, FOR IT TO BE THE BODIES.

AND THEN WE CAN HAVE A CONSENSUS DRIVEN AMENDMENT IF AN AMENDMENT.

WELL, THAT'S, THAT'S JUST NOT ROBERT'S RULES OF ORDER.

UM, I'M, I'M GOING BY ROBERT'S RULES OF ORDER.

OKAY.

COMMISSIONER SCOTT.

I APPRECIATE IT.

AND, AND I THINK AS SOON AS WE CAN ON A FUTURE AGENDA, WE'LL TALK A LITTLE BIT MORE ABOUT, UH, PROCESS IN ROBERT'S RULES, ET CETERA, BUT ROBERT'S RULES.

UH, UM, I BELIEVE THAT, UH, UH, COMMISSIONER BERG HAS A COPY OF ROBERT'S RULES.

IT COULD BE, UH, LOOKED UP RIGHT, RIGHT NOW.

I, I, I SEE NO REASON NOT TO USE ROBERT'S RULES OF ORDER.

OKAY.

UM, THIS IS, THIS IS BERG, UH, LET'S FOR THIS MOTION.

UH, LET'S CONTINUE WITH THE PRECEDENT THAT THE ENVIRONMENTAL COMMISSION HAS BEEN FOLLOWING.

I KNOW THAT THAT HAS BEEN REVIEWED BY LEGAL, AND THAT HAS BEEN THE PROCESS THEY'VE BEEN FOLLOWING, UM, TO THE BENEFIT OF THIS COMMISSION.

WE'VE HAD AN AGENDA ITEM ON HOW TO DO THIS, AND UNFORTUNATELY IT GOT POSTPONED ON THE LAST MEETING WHERE WE'RE GONNA WORK TO GET THAT ON THE AGENDA AS SOON AS WE CAN.

AND WE WILL GO THROUGH THOSE DETAILS, BUT I I'LL, I WOULD PREFER THAT WE FOLLOW THE PRECEDENT THAT THE COMMISSION HAS BEEN FOLLOWING FOR THE LAST SEVERAL YEARS.

AND CUZ I DO KNOW THAT THAT LEGAL HAS, HAS REVIEWED AND APPROVED THAT.

UM, SO HAVING A MOTION AND A SECOND, WE'RE NOW GONNA MOVE FORWARD WITH SOME LANGUAGE AMOUNT, AN AMENDMENT, UH, TO THAT.

AND THEN WE'LL SEE IF WE GET, UH, UH, GET A, A VOTE OR A CONSENSUS VOTE ON THAT AMENDMENT TO THE MOTION.

OKAY.

I'M FINE WITH THAT.

ALL RIGHT.

THANK YOU.

SO COMMISSIONER BREER UM, DO YOU WANT UNDERSTANDING NOW THE DIFFERENT WETLANDS, DO YOU WANT TO ADD, UM, DO YOU WANNA ADD SOMETHING IN THERE OR DO YOU FEEL LIKE THAT THEY'RE UM, THE APPLICANT AND THE STUDY STAFF, WHAT THEY ALREADY HAVE IN THE APPLICATION IS, IS GOOD ENOUGH.

I'D LIKE TO ADD SPECIFICALLY JUST TO MAKE

[01:40:01]

SURE THAT IT'S IN THERE THAT WE'RE PROTECTING THE EXISTING WETLANDS AREA WITH EITHER AS, UH, LIZ MENTIONED, YOU KNOW, FENCING, SIGNAGE COMBINATION OF BOTH, UH, YOU KNOW, TO PROTECT THAT AS A WETLANDS AREA, WOULD YOU ENTERTAIN THE LANGUAGE OF THE APPLICANT WORKS WITH CITY STAFF TO PROTECT THE CRITICAL ENVIRONMENTAL FEATURE WETLANDS ON SITE WITH SIGNAGE OR A SPLIT RAIL FENCE OR SOMETHING SIMILAR? YEAH.

I MEAN, IF IT'S A FENCE, WE WOULD DEFINITELY NEED TO LOOK AT THAT AND MAKE SURE IT'S OUT OF THE FLOOD PLAIN.

AND, AND SO MAYBE SIGNAGE WOULD BE EASIER.

WHATEVER IS APPROPRIATE.

THE IDEA, THE IDEA IS TO PRESERVE THE AREA AND PREVENT ITS REGULAR DISTURBANCE BY BEAN MOWED OR OTHER TYPES OF THINGS LIKE THAT.

AND THEN INCIDENTAL, I'M GONNA USE THE WORD TRESPASS, BUT THAT'S NOT REALLY WHAT I MEAN, INCIDENT INTERFERENCE BY PEOPLE JUST KIND OF WANDERING THROUGH.

AND IF SIGNAGE IS THE APPROPRIATE WAY TO DO THAT, THEN THAT THAT'S OKAY WITH ME.

WE'RE HAPPY TO WORK WITH THE APPLICANT ON THAT.

OKAY.

THEN THAT'S TERRIFIC.

HOWEVER, HOWEVER, THAT NEEDS TO BE PHRASED AND THEN, UH, COMMISSIONER BRISTOL, YOU BROUGHT UP, UH, SOMETHING ELSE AND OH, TRAILS.

YEAH.

AND I BELIEVE THAT WAS IN, IN THE MOTION AS, AS WAS, UH, PROVIDED IN SECONDED COMMISSIONER THOMPSON, YOU HAD SOME COMMENT I BELIEVE, OR HAS IT BEEN ADDRESSED? I WONDERED IF OUR LANGUAGE COULD SAY SOMETHING ABOUT A RIPARIAN AREA.

UM, IT, IT MIGHT, I THINK IT'S KIND OF WHAT EVERYBODY'S TALKING ABOUT A NATURAL AREA THAT'S BEEN RESTORED TO PERHAPS BE MANAGED IN THAT WAY.

SHE'S NODDING AND TYPING.

SO I THINK THAT'S A GOOD SIGN.

IS IT APPROPRIATE FOR ME TO YEAH, RESPOND FINE.

UM, WE MA WE WORKED WITH THE WETLANDS BIOLOGIST AND THE, ON THE, THE RIPARIAN AND WITH THE REQUIRED MITIGATION, WE PAID, UH, $12,000 INTO THE REPAIR MITIGATION FUND TO ADDRESS THOSE COMMENTS.

THE, THE REQUIRED AREA THAT WE HAD FOR THIS BIG OF A DEVELOPMENT MADE SENSE FOR THE FEE, BECAUSE IT WOULD DO TO GET THE TRUCKS OUT THERE AND TO, TO DO WHAT WE NEEDED TO DO MIGHT CAUSE MORE DAMAGE THAN WHAT WE WERE DOING.

SO THEY AGREED.

AND WE'VE ALREADY SINCE PAID THAT FEE.

THANKFULLY THE RIPARIAN MITIGATION FUND.

DO YOU HAVE LANGUAGE MM-HMM ALL RIGHT.

UM, WITH AN AMENDMENT LANGUAGE AS FAR AS, UM, SO, UH, THANK YOU.

WORK WITH STAFF, UM, TO PROTECT THE REPAIR AREAS SLASH UH, WETLANDS WOULD SIGNAGE AND ADDITIONAL, UH, METHODS TO BEST PROTECT THE AREA.

I THINK I CAN TAKE OUT BEST PROTECT OUT THERE THAT OKAY.

UNLESS YOU FEEL THE NEED TO SPECIFY, YOU SAID THE AREA, IF YOU NEED TO BE MORE SPECIFIC, THAT'S UP TO YOU.

I'M FINE.

WETLAND CEO.

YEAH.

WETLAND.

SO CHANGING THE LANGUAGE, UM, WORK WITH, UH, STAFF TO PROTECT THE REPAIRING AREA SLASH WETLANDS WITH SIGNAGE, SIGNAGE, AND ADDITIONAL METHODS TO BEST PROTECT THE WETLANDS CEO ON SITE.

OKAY.

GOT IT.

ALL RIGHT.

SO DO WE ON THIS NOW THAT WE HAVE AN AMENDMENT, WE HAVE VOTE ON ADDING THE AMENDMENT AND WE NEED A NOBODY'S OBJECTING TO THE AMENDMENT, SO WE JUST MOVE FORWARD.

ALL RIGHT.

ALL RIGHT.

SEEING NO OBJECTIONS TO THE AMENDMENT, LET'S VOTE ON THE MOTION WITH THE AMENDMENT INCLUDED.

YES.

COMMISSION COMMISSIONER SCOTT.

YES.

YES.

UM, COULD, COULD I PLEASE, UH, COULD, COULD THOSE OF US WHO WERE NOT, UH, PRESENT PLEASE, UH, SEE THE, UH, THE ROOM? UM, I, WE HAD A, WE HAD A VOTE PREVIOUSLY AND, UH, THERE WAS ONE, UH, NO VOTE, BUT, UH, WE WEREN'T ABLE TO SEE THE, SEE THE ROOM.

SO, UM, WE'RE MISSING OUT ON PARTS OF THINGS.

I JUST WANTED TO REMIND, UM, THE AV UH, UH, FOLKS TO, UH, PLEASE LET US SEE WHAT'S GOING ON IN THE ROOM.

THANKS CHAIR.

RAMER MAY I SUGGEST THAT YOU JUST DO ROLL CALL? YES.

THANK YOU.

YEAH, I THINK WE'RE, I, I APPRECIATE THE COMMENT COMMISSIONER SCOTT.

I THINK WE'RE TRYING TO BALANCE ALSO YOU GUYS BEING ABLE TO SEE THE SPEAKER, SO WE'LL JUST GO THROUGH ROLL CALL AND, UH, AND, AND, AND WE'LL THAT WAY IT'LL BE CLEAR FOR EVERYONE AND DOCUMENTED CLAIRE AS WELL.

UM,

[01:45:01]

QUESTION YES.

GO FOR IT.

I'M SORRY.

I DON'T HAVE A QUESTION.

I JUST WANTED TO ADDRESS RACHEL'S COMMENT JUST NOW AND LET HER KNOW THAT I WAS THE ONE THAT ABSTAINED DURING THE FIRST VOTE.

UH THAT'S BECAUSE I DID NOT HAVE TIME TO REVIEW THE MINUTES.

ALL RIGHT.

UM, SO WE HAVE A MOTION.

WE HAVE AN AMENDMENT WE'RE GONNA GO AROUND AND VOTE.

YAY OR NAY.

AND I'LL CALL YOU OFF BY NAME.

WE'LL START REMOTELY WITH VICE CHAIR, BEDFORD FOR OR AGAINST THE MOTION.

YES.

COMMISSIONER THOMPSON.

YES.

COMMISSIONER SCOTT.

YES.

COMMISSIONER CARI.

YEP.

COMMISSIONER SHERA FOUR.

THIS IS BERG FOUR COMMISSION, FOUR BARRETT.

BLER FOUR NICHOLS, FOUR ARA, FOUR COMMISS ASSURE BRIER FOUR.

ALL RIGHT.

THANK YOU.

PASSES.

AND THAT WAS THE MOTION THAT YOU WERE EXCITED ABOUT? WELL, I'LL STAND IN THE RIGHT PLACE NEXT TIME.

SORRY, DR.

SCOTT .

THANK YOU.

ALL RIGHT.

UM, THANK YOU STAFF.

THANK YOU, APPLICANT, UH, FOR THE PRESENTATIONS MOVING ON TO DISCUSSION ITEM FOUR, UM, LET'S MAYBE TAKE A QUICK FIVE MINUTE RECESS.

UM, I KNOW WE'RE ALL EXCITED, BUT, UM, YEAH, LET'S TAKE A FIVE MINUTE RECESS AND COME BACK.

WE'RE WE'RE TRACKING VERY WELL ON TIME, SO LET'S KEEP IT UP.

UM, THANK YOU.

WE'LL SEE.

Y'ALL IN FIVE.

ALL RIGHT.

THAT'S PRETTY QUICK.

UH, THANK YOU.

ALL RIGHT.

IT'S EIGHT.

O'CLOCK ON THE DOT.

UM, LET'S BRING THIS MEETING BACK INTO, OR, UH, INTO ORDER PUT OR, UH, ISH.

UM, AND WE'RE GONNA

[4. Consider an ordinance regarding amendments to Title 25 related to environmental protection, landscape requirements, and site plan requirements. City Staff: Liz Johnston, Deputy Environmental Officer, Watershed Protection Department]

GET, UH, PRESENTATION FROM STAFF ON ITEM NUMBER FOUR, CONSIDER AN ORDINANCE REGARDING THE AMENDMENT OF TITLE 25 RELATED TO ENVIRONMENTAL PROTECTION, LANDSCAPE REQUIREMENTS AND SITE PLAN REQUIREMENTS.

GOOD EVENING COMMISSION, UH, KATIE COIN, ENVIRONMENTAL OFFICER.

THIS IS THE SECOND TIME WE'RE COMING TO YOU WITH THESE ENVIRONMENTAL CODE AMENDMENTS.

THE FIRST TIME WE REALLY TALKED, UH, ABOUT THE INTENT AND KIND OF THE BACKGROUND, UM, NOT MUCH HAS CHANGED SINCE THEN, OTHER THAN WE'VE, WE'VE MADE A NUMBER OF ROUNDS THROUGH DIFFERENT BOARDS AND COMMISSIONS CODES AND ORDINANCES , UH, ZONING AND PLATTING WERE, AND, UH, AND LILE GET INTO DETAIL ON ALL OF THOSE ITEMS IN, IN JUST A MOMENT, UH, AS WELL AS UPDATE YOU ON ANY, ANY CHANGES THAT HAVE OCCURRED SINCE THE LAST TIME WE SAW YOU.

UH, I CONTINUE TO BE VERY EXCITED ABOUT THE IMPACT THAT THESE CODE AMENDMENTS WILL HAVE ON THE FUTURE OF OUR ENVIRONMENT IN AUSTIN AND THE RESILIENCE OF OUR COMMUNITY.

UM, JUST WANNA REITERATE THE TIMELINE THAT WE WERE GIVEN IS SOMETHING THAT COUNCIL DIRECTED US TO WORK TOWARD.

UH, AND NOW IS THE TIME THAT I, UH, REALLY GIVE A TON OF KUDOS TO STAFF, UH, FOR THE RIDICULOUS AMOUNT OF WORK THAT HAS GONE INTO, UH, REALLY COMING UP WITH A PACKAGE OF, UH, CODE UPDATES, AS WELL AS BACKUP ANALYSIS, WORKING WITH OTHER DEPARTMENTS COUNTLESS HOURS, THAT I'VE GONE INTO THIS OVER, OVER THE PAST MONTHS.

SO I'M VERY PROUD OF THIS TEAM THAT I HAVE THE PRIVILEGE OF LEADING, UH, AND WORKING WITH ACROSS DEPARTMENTS.

AND I'LL HAND IT OFF TO LIZ ON THAT NOTE.

THANKS, KATIE.

LIZ JOHNSTON WATERSHED PROTECTION.

UM, NEXT SLIDE PLEASE.

ALL RIGHT.

JUST SO AS A DISCLAIMER, I DON'T PLAN ON GIVING YOU THE ENTIRE PRESENTATION OVER AGAIN, SINCE YOU'VE SEEN IT, UM, ALREADY FOR THE MOST PART, BUT I DID WANT TO POINT OUT ON THAT FIRST FEW SLIDES JUST TO KIND OF SET UP THE, THE DISCUSSION.

UM, AS KATIE SAID, WE'RE RESPONDING TO A PORTION OF A RESOLUTION THAT WAS PASSED BY CITY COUNCIL IN JUNE.

UM, SO THERE WERE OTHER ELEMENTS, UM, RELATED TO THAT RESOLUTION THAT WERE NOT NECESSARILY ADDRESSING TONIGHT, BUT WILL BE ADDRESSED IN A DIFFERENT MANNER, UM, RELATED TO INCREASED MONITORING OF INDUSTRIAL SITES, UM, ADDRESSING, UM, EQUITY AMONGST OUR CODE, UH, HAVING A BROADER LOOK OF ON, ON HOW THE CODE IS APPLIED THROUGHOUT THE CITY AND ADDRESSING THAT, UM, ANY INEQUITIES THAT WE FIND THROUGH OUR STRATEGIC PLAN PROCESS, WHICH IS GONNA BE A MUCH LONGER PROCESS, UM, AND, AND SIMILAR, UM, DELIVERABLES SUCH AS THAT THOSE ARE ON DIFFERENT TIMELINES.

SOME DELIVERABLES ARE DUE SOON, SOME ARE DUE IN NOVEMBER.

SO WE'LL DEFINITELY FORWARD YOU ANY OF THE, UM, MEMOS THAT COME OUT OF, OF THAT.

AND THEN YOU CAN ASK QUESTIONS, UM, WHEN THEY COME FORWARD.

UH, BUT TONIGHT WE'RE ADDRESSING PART OF THE REQUEST OR THE REQUIRED ORDINANCE THAT THE RESOLUTION HAS, UM, INITIATED.

UM, SO, AND THOSE, UM, WERE SPELLED

[01:50:01]

OUT SPECIFICALLY IN THE RESOLUTION, UH, AS YOU KNOW, UM, THERE'S CERTAIN SUBJECT AREAS THAT WE'RE, UM, GOING TO BE ADDRESSING WITH THIS ORDINANCE THAT, UH, COUNCIL VOTED ON, UH, NEXT SLIDE.

ALL RIGHT.

SO PROGRESS SO FAR AS WE SAID, PREVIOUS, UM, THE LAST TIME I WAS HERE, UM, UH, YOU KNOW, IT WAS AT THE ENVIRONMENTAL COMMISSION UPDATE LAST MONTH, SINCE THEN WE'VE GONE TO THE CODES AND ORDINANCES JOINT COMMITTEE, WHICH IS A COMMITTEE, UH, THAT IS, UM, MADE UP OF MEMBERS FROM PLANNING, COMMISSION, UH, ZONING AND PLANNING COMMISSION, AND, UH, ONE MEMBER FROM THE BOARD OF ADJUSTMENT THEY LOOK AT AND MAKE RECOMMENDATIONS ON ALL ORDINANCES.

UM, SO WE DID NOT, UH, THEY, THEY WERE NOT COMFORTABLE AT THAT TIME MAKING ANY KIND OF RECOMMENDATION TO GIVE TO THE PLANNING COMMISSION, UM, DUE TO THE FACT THAT IT WAS JUST A LOT OF INFORMATION, BUT THEY DID GIVE US SOME FEEDBACK ON CERTAIN ITEMS AND WE'VE INCORPORATED SOME OF THAT FEEDBACK.

AND, UM, WHAT WE'RE RECOMMENDING, UH, WE HAVE BRIEFED THE PLANNING COMMISSION AND, UM, SIMILAR TO HOW WE BRIEFED, UH, THIS BODY.

AND LAST NIGHT WE, UM, PRESENTED TO THE ZONING AND PLANNING COMMISSION.

UM, NOW NEITHER OF THE PLANNING COMMISSION OR ZONING AND PLANNING COMMISSION HAVE MADE RECOMMENDATIONS YET.

SO NEXT SLIDE.

SO NEXT WE ARE PLANNING ONGOING BACK TO THE PLANNING COMMISSION ON THE 13TH.

UM, THEY HAVE INDICATED THEY PROBABLY WILL NOT BE READY FOR A RECOMMENDATION THAT MEETING EITHER.

UM, AND SO WE'LL PROBABLY GO BACK AND GET A FINAL RECOMMENDATION ON THE 27TH OF THE ZONING AND PLANNING COMMISSION, UM, INDICATED THEY WERE VERY INTERESTED IN HEARING WHAT, UM, UH, THE ENVIRONMENTAL COMMISSION HAS TO SAY AND FOR WHAT THEIR RECOMMENDATION WILL BE.

AND SO, UM, THEY HAVE ASKED FOR US TO COME BACK ON THE 20TH AND THE CITY COUNCIL DATE THAT WE ARE TARGETING IS THE 29TH.

UM, THAT IS TWO WEEKS LATER THAN OUR DEADLINE, BUT IT WAS THE EARLIEST THAT WE THOUGHT WAS POSSIBLE.

THERE IS ANOTHER ORDINANCE COMING, MOVING FORWARD, UM, AFTER THIS ONE, UM, AND IT'S SPECIFICALLY PUT TWO ELEMENTS THAT THE RESOLUTION CALLED, UM, OUT ON, ON A DIFFERENT TIMELINE.

AND SO WE'LL BE BRINGING THAT FORWARD, UH, TO Y'ALL, UM, AT A LATER DATE.

UH, NEXT SLIDE.

ALL RIGHT.

SO WITH THAT, UM, THE, MOST OF THE REST OF THE PRESENTATION IS VERY SIMILAR TO WHAT WE'VE SEEN BEFORE WITH THE ADDITION OF SOME SLIDES THAT HAVE, UM, SOME INFORMATION ABOUT THE STAFF REPORT THAT, UM, IS PART OF THE BACKUP.

SO THAT INCLUDES THE ANALYSES THAT ARE DONE NOW, INCLUDING, UM, A STAFF REPORT, FISCAL IMPACT ANALYSIS, EQUITY ANALYSIS.

UM, WE'RE STILL WAITING ON THE AFFORDABILITY IMPACT ANALYSIS FROM HOUSING AND PLANNING.

UM, BUT THAT WILL BE INCORPORATED AND IS DUE TWO WEEKS BEFORE THE CITY COUNCIL MEETING.

SO THAT WILL BE DUE, UM, NEXT WEEK, UM, SO THAT WE CAN POST IT TO THE CITY COUNCIL, UM, AS BACKUP.

UM, AND SO I WANTED TO OPEN IT UP TO THE BODY TO ASK WHAT'S YOUR PLEASURE, IF YOU WOULD LIKE ME TO FOCUS ON CERTAIN TOPICS OR, OR IF YOU WANTED TO JUST PROCEED WITH QUESTIONS.

THANK YOU.

THANK YOU, LIZ.

YES.

AND I'LL REITERATE WHAT KATIE SAID.

THANK YOU FOR, I KNOW YOU'VE BEEN HURTING A LOT OF MAKING THIS COME TOGETHER AS COHESIVE DOCUMENT.

UM, SO THANK YOU FOR THAT.

UH LET'S UM, LET'S I THINK MAYBE WE JUST GO TO QUESTIONS IF THAT WORKS.

AND THEN IF, IF, IF THERE'S SEVERAL QUESTIONS ABOUT, UM, SOME OF THE, THE NEW INFORMATION FROM WHEN, SINCE YOU WERE HERE BEFORE WE CAN DIVE INTO 'EM, UM, IF, UM, TECH TECH, IF YOU DON'T MIND, MAYBE PUT UP THE OTHER COMMISSIONERS, UM, AND THEN WE CAN SWITCH BACK, OR I MAY ASK YOU TO, TO PUT UP THE POWERPOINT BACK, PUT THE, THE POWERPOINT BACK UP, BUT, UM, LET'S MAYBE JUST GO AROUND THE ROOM HERE, UH, HERE ON SITE FIRST AND, AND SEE IF ANYBODY HAS ANY QUESTIONS FOR STAFF ABOUT THE, UH, THE CODE AMENDMENT OR PARTS OF THE PARTS OF IT PRIMER.

YOU GET TO START IF YOU'D LIKE.

SURE.

NOT THAT I'M UNPREPARED.

UH, I DON'T HAVE ANY QUESTIONS.

I MEAN, I APPRECIATE ALL THE WORK YOU ALL HAVE DONE.

AND I THINK THE WORK, I MEAN, I THINK THAT THE GOALS OF THE CHANGES ARE TERRIFIC.

MOST OF MY UN UNLIKE SOME OF THE OTHER BODIES, I ACTUALLY HAVE RECOMMENDATIONS THAT I WOULD LIKE TO HAVE, AND MOST OF THEM ARE PROCEDURAL, ALTHOUGH SOME OF THEM ARE, UH, FUNCTIONAL OR, OR, OR SOMETHING LIKE THAT.

BUT THE PROCEDURAL ONES REALLY SURROUND, UH, YOU KNOW, THEY REQUEST THE CITY MANAGER PRODUCE A

[01:55:01]

NUMBER OF REPORTS AND WHICH IS TERRIFIC.

UH, BUT MOST OF THOSE REPORTS HAVE AN ENVIRONMENTAL IMPACT ON THEM.

AND I THINK THAT THE REPORT SHOULD GO TO THE ENVIRONMENTAL COMMISSION AND I THINK IT SHOULD BE STATED IN THERE SPECIFICALLY, THEY GO TO THE ENVIRONMENTAL COMMISSION.

OKAY.

RATHER THAN IMPLIED, OR WE HAVE TO GO TO YOU AND REQUEST, BECAUSE WE DON'T KNOW WHEN THOSE REPORTS ARE FINISHED, SO THEY COULD HAVE BEEN OUT FOR SIX MONTHS AND THEN SOMEONE THINKS, OH, GEE, I WONDER IF THAT REPORT EVER GOT FINISHED.

IT'S LIKE, NO, IT CAME OUT AND WE WERE ON THE CC LIST FOR THAT.

SO THESE, MOST OF THESE REPORTS THAT ARE ELICITED IN HERE ARE TERRIFIC.

I DON'T HAVE A PROBLEM WITH THEM, BUT, UH, I THINK THAT, THAT WE SHOULD BE ON THE, ON THE LIST FOR BEING A RECIPIENT.

THERE'S SOMETHING IN HERE, UH, WHERE IT TALKS ABOUT, UH, INTERESTED PARTIES.

UH, YOU KNOW, IT'S LIKE, WELL, I THINK THE ENVIRONMENTAL COMMISSION IS AN INTERESTED PARTY AND I THINK IT SHOULD, WE SHOULD BE SPELLED OUT AS AN INTERESTED PARTY SPECIFICALLY, NOT BY IMPLIED, BUT I THINK WE SHOULD BE SPECIFICALLY CALLED OUT AS AN INTERESTED PARTY.

SO THERE'S NO LIKE, OH, WELL, I DIDN'T KNOW.

THE ENVIRONMENTAL COMMISSION WAS INTERESTED IN TOXIC WASTE IN THE WATER SYSTEM.

UM, SO THOSE, THOSE ARE, YOU KNOW, SOME OF THE THINGS THAT, THAT THOSE ARE MOST OF THE THINGS THAT I HAVE, THEN THERE'S THE SECTION WHERE IT TALKS ABOUT, UH, THE, UH, THE, THE, THE, THE, THE MISSING MIDDLE.

AND I, I THINK THAT'S TERRIFIC, ALTHOUGH IN DISCUSSION WITH, UH, SOME OF, UH, COUNCIL, UH, THE IMPACT OF THAT ON AFFORDABLE HOUSING WAS ACTUALLY THOUGHT TO BE MINIMAL.

REGARDLESS.

I THINK THAT IF, I THINK WE SHOULD, LIKE, IF WE'RE GONNA HAVE PEOPLE BUILD THESE THINGS, WE OUGHT TO HAVE AN EV CHARGER AT EVERY ONE OF THESE THINGS.

YOU KNOW, LIKE ONE, IF, YOU KNOW, UH, IF WE'RE GOING TO MOVE TO AN ENVIRONMENTALLY FRIENDLY CITY AND ALL THAT, I THINK WE SHOULD REQUIRE THESE, YOU KNOW, I, I WOULD RECOMMEND THAT WE PUT IN HERE A REQUIREMENT FOR A, AN EV CHARGER.

THAT'S ONE THING.

UH, ANOTHER THING IS IF WE'RE GOING TO, UH, YOU KNOW, HAVE THESE THINGS LIKE, AND WE HAVE A GOAL BY 2050 OF HAVING 50%, UH, TREE COVER, YOU KNOW, UH, IN THE CITY, LIKE LET'S PUT SOME TREES DOWN, YOU KNOW, REQUIRE PEOPLE, TREES, AND THEY DON'T HAVE TO DO AS MUCH AS ONE OF THE APPLICANTS DID, YOU KNOW, PUT, YOU KNOW, ONE THIRD OF THE WAY MATURE TREES DOWN, BUT LET'S PUT SOME SOMETHING DOWN, YOU KNOW, REQUIRE THEM, PUT SOMETHING DOWN THAT WILL CONTRIBUTE TO THE LONG RANGE TREE COVER IN THE CITY.

SO THOSE ARE HA THOSE ARE, UH, SOME OF THE, THE, THE POLICY THINGS THAT I WOULD HAVE IN THERE.

BUT, UH, ALSO I THINK THESE REPORTS THAT ARE BEING DONE, I THINK THAT THEY SHOULD GO ON THE CITY'S WEBSITE, UH, IN A PLACE WHERE THE PUBLIC CAN FIND THEM AS WELL.

AND, UH, CUZ A LOT OF THESE, YOU KNOW, THE CITY PRODUCES ALL THIS STUFF AND I WANDER AROUND THE CITY'S WEBSITE ALL THE TIME AND I CAN FIND ABSOLUTELY NOTHING.

UH, AND I KNOW IT'S NOT ON PURPOSE, IT'S JUST YOU CAN'T.

BUT REGARDLESS, UM, I THINK THAT, UH, THESE, THESE THINGS THAT ARE, THAT ARE THE, THE CITY MANAGERS WIRED TO GENERATE SHOULD BE CLEARLY EXPLICITLY PUBLISHED ON THE CITY'S WEBSITE SO THAT THE, UM, YOU KNOW, THE PUBLIC HAS ACCESS TO.

SO THOSE ARE MY POLICY RECOMMENDATIONS THAT I THINK THAT SHOULD GO INTO THE FINAL DOCUMENT AS FAR AS THIS GOES, WHETHER THE COUNCIL ACCEPTS THEM OR NOT, THAT'S THEIR PREROGATIVE, BUT THAT'S MY SUGGESTION.

THANK YOU COMMISSIONER, JUST TO SPEAK TO THE LAST ITEM, ALL OF THE REPORTS WILL BE PUBLICLY AVAILABLE.

UM, SOME OF THEM ARE ALREADY POSTED AS BACKUP FOR TONIGHT.

UH, ALL OF THEM WILL BE AVAILABLE AS OF NEXT WEEK AND WILL BE POSTED IN COUNCIL BACKUP.

UM, AND SO THOSE, THOSE WILL BE PUBLICLY AVAILABLE AND WE WANNA MAKE SURE ARE ACCESSIBLE TO ANYONE WHO WANTS TO SEE THEM.

I'M NOT SURE IF LIZ WANTS TO RESPOND TO ANY OF THE OTHER ITEMS. UH, YEAH, SURE.

LET ME, UM, WORKING BACKWARDS.

THE REPORTS.

UM, SO THE, ANYTHING THAT WE, ANY REPORT THAT WE GENERATE GOES INTO THE CITY CLERK'S WEBSITE, UM, IT'S CALLED EMS. UM, ADMITTEDLY IT MAY NOT BE THE EASIEST SEARCHABLE, BUT WE WILL CERTAINLY,

[02:00:01]

UM, OBTAIN WEBSITE.

WE CAN, WE CAN DO THAT.

I JUST, UM, I KNOW THAT IT'S VERY DIFFICULT FOR US.

WE DON'T HAVE A LOT OF CONTROL OVER OUR WEBSITE, SO, UM, BUT I, I DEFINITELY HEAR YOU ON, ON THAT, UM, ELECTRIC VEHICLE CHARGERS, WE CAN CERTAINLY LOOK INTO SEEING HOW THAT COULD BE INCORPORATED INTO THE ORDINANCE.

UM, IT MAY BE A QUESTION FOR LAW BECAUSE THE WAY THE RESOLUTION INITIATED THE ORDINANCE, IT REALLY IS FOCUSING ON DRAINAGE AND WATER QUALITY.

AND THAT WOULD BE A TRANSPORTATION REQUIREMENT.

SO WE WOULD HAVE TO FOLLOW UP WITH THEM, BUT WE COULD, WE CAN CERTAINLY DO THAT.

UM, AND THEN PROCEDURALLY THE, THE FACT THAT YOU WERE ENVIRONMENTAL COMMISSION WAS NOT LISTED IN THE RESOLUTION.

UM, SO THAT CAME FROM CITY COUNCIL AND SO STAFF DON'T REALLY HAVE THE ABILITY TO MAKE THOSE CHANGES.

SO I I'M SURE THAT THE COUNCIL OFFICE WHO, UH, INITIATED WOULD BE REALLY, UM, INTERESTED IN HEARING ABOUT THAT AND PERHAPS THEY WOULD, UM, REQUEST THAT WE BRING IT TO YOU ALL AS WELL.

UM, BUT WE WILL CERTAINLY GIVE IT, GIVE YOU IN, UM, COPIES OF THOSE AND IF YOU WOULD LIKE A FURTHER BRIEFING, WE CAN CERTAINLY SCHEDULE THOSE AS WELL.

OKAY.

THAT'S ALL I HAVE.

THANK YOU.

THANK YOU.

THANK YOU.

UH, THANK YOU.

UM, COMMISSIONER REG, GARY, YOU HAVE ANY COMMENTS? QUESTIONS? DON'T I WANNA HAVE SEVERAL, SO I WANNA ASK A FEW SO THAT WE CAN GO KIND OF LIKE A ROTATION TYPE THING.

THANK YOU.

UM, SO JUST SOME OBSERVATIONS, UM, THERE'S A LOT OF GOOD THINGS HERE.

I MEAN, I THOUGHT FANTA FANTABULOUS, YOU KNOW, CHECK IT OFF, YOU KNOW, POSITIVE IT'S IT'S GONNA, I THINK IT'S MUCH PROGRESS.

UM, BUT I ALSO WAS REMEMBERING WHEN I USED TO BE ON THE ZONING AND PLANNING COMMISSION.

I WAS AT THAT TIME THINKING ZONING, BUT WHEN I BECAME PART OF THE ENVIRONMENTAL COMMISSION SWITCH CHANNELS, YOU'RE NOW FOCUSING ON ENVIRONMENTAL ISSUES.

UM, AS I RECALL WHEN I WAS ON, UM, ZAP AND I WAS OVER A YEAR AND A HALF AGO, MAYBE TWO YEARS AT THAT TIME WATERSHED PROTECTION HAD NOT YET COMPLETED A STUDY OF ALL THE LOCALIZED FLOODING AREAS.

CORRECT.

AND THAT MAY STILL BE THE CASE UNLESS THAT STUDY HAS BEEN COMPLETED.

I'M NOT SURE THE ATLAS 14 MODELING IS ONGOING IT'S IT'S STILL ONGOING.

YES.

SO I'M WORRIED ABOUT SOME OF THESE PROPOSALS AND THE IMPACT THAT IT WOULD HAVE ON THOSE AREAS THAT WE DON'T KNOW WHERE THERE'S A PROBLEM.

UM, AND JUST DOING A BLANKET.

YEAH.

WE CAN DO THIS ANYWHERE WITHOUT TAKING A STEP BACK AND LOOKING AT WHAT THE ACTUAL IMPACT'S GONNA BE.

UM, THE OTHER THING THAT I LEARNED BEING ON THE FLOOD MITIGATION TASK FORCE, THE SOIL IS DIFFERENT IN WEST AUSTIN VERSUS EAST AUSTIN.

SO EAST AUSTIN, AND THAT'S WHERE BLACKLAND PRAIRIE IS AT MOSTLY CLAY.

AND WHEN THAT BECOMES WET, THAT BECOMES IMPERVIOUS COVER.

SO MY CONCERN THEN IS, AND IN LOOKING AT THE RESOLUTION AND, UM, AND IT'S THE FIRST, UM, THEREFORE BE IT RESOLVED, IT TALKS ABOUT ADDRESSING THE EQUITABLE PROTECTION OF THE ENVIRONMENT THROUGHOUT THE CITY OF AUSTIN AS PART OF THE WATERSHED PROTECTION STRAT STRATEGIC PLAN WITH EMPHASIS ON THE PROTECTION OF BLACKLAND PRAIRIE.

SO, AND I'M PURELY, WE DON'T, I GUESS Y'ALL, DON'T HAVE TO DO ANYTHING UNTIL NOVEMBER 1ST ON THAT ONE, WHICH I'M OVER HERE.

LIKE, ARE WE PUTTING THE CART BEFORE THE HORSE WHEN WE'RE MAKING SOME OF THESE PROPOSALS NOT KNOWING WHAT'S GONNA ACTUALLY, HOW IT'S GONNA ACTUALLY IMPACT AND IS IT GONNA MAKE IT ACTUALLY WORSE FOR EAST AUSTIN WHEN THIS RESOLUTION TALKS ABOUT THE INEQUITIES BETWEEN EAST AND WEST? SO I AM VERY CONCERNED IN THAT REGARD AS WELL.

SO, UM, AND I WAS HOPING THAT WE COULD ALL HAVE THOSE RISK MAPS THAT I TALKED ABOUT LAST WEEK, YOU KNOW, BLOOD RISKS, EROSION RISKS, YOU KNOW, ALL OF THAT BECAUSE PEOPLE WOULD THEN HAVE, YOU KNOW, UH, WHERE ARE THE CRITICAL ENVIRONMENTAL FEATURES, UM, KNOWING THAT WE HAVE NOT HAD EQUAL PROTECTION AND, YOU KNOW, JUST THE WAY THE CITY GOVERNMENT IS ADMINISTERED HERE HISTORICALLY AND, AND EQUAL PROTECTION THAT BEING PROVIDED FOR EAST AUSTIN, CERTAIN PARTS OF CENTRAL AUSTIN.

UM, I JUST WOULD LIKE FOR US TO HAVE, IF WE'RE GONNA MAKE A RECOMMENDATION TO CITY COUNCIL, AND IF THERE'S SOME CONCERNS, THEN THOSE NEED TO BE REFLECTED ON THE RECORD AS TO WHAT THE IMPACT THEIR DECISION COULD HAVE ON THE, ON THE COMMUNITY.

UM, SO I'M GONNA, SO THAT'S, I'M GONNA, I'M PREFACING THAT WITH, YOU KNOW, MY, ONE OF MY, AND I'M GOING THROUGH THIS AS, UM,

[02:05:01]

IN THE ORDER OF THE PAGES WHEN I IDENTIFIED SOME CONCERNS ON PAGE SIX OF THE ACTUAL YEAH.

THE FIRST SECTION BEFORE I'M, YOU KNOW, ATTACHMENT A BELOW.

WELL, THE ONE QUESTION THAT I WENT ON THAT FIRST BULLET MAY 18TH, 1986, I SAW THAT DATE REFERENCE THROUGHOUT AND I JUST WONDERED WHY.

SO THAT WOULD BE ONE OF THOSE WHERE AS WE GO TO GET, WHEN WE ARRIVE TO THOSE DATES THROUGHOUT THE DOCUMENT, WHY WAS, WHY IS THAT DATE? THE ONE THAT WE'RE PICKING? UM, I CAN ANSWER THAT NOW IF YOU WOULD.

OKAY, SURE.

PREFER.

OKAY.

UM, RIGHT.

AND SO WE'RE TALKING ABOUT THE, UM, THE PROPOSAL FOR A MORE STREAMLINED REVIEW PROCESS FOR, UM, CERTAIN PROJECTS THAT, UM, WOULD NORMALLY BE A SINGLE FAMILY HOME, BUT ON, ON A SINGLE FAMILY LOT, BUT WOULD BE, UH, ELIGIBLE FOR UP TO THREE TO 11 UNITS.

UM, AND THEN THEY WOULD HAVE A SLIGHTLY DIFFERENT REVIEW PROCESS AND CERTAIN ENVIRONMENTAL REGULATIONS WOULD BE WAIVED.

UM, SO THE 19TH MAY 18TH, 1986 WAS THE PASSAGE OF THE COMPREHENSIVE WATERSHED ORDINANCE.

OKAY.

AND SO, UM, AND THIS WAS A DATE THAT WAS PROPOSED.

SO THIS IS VERY SIMILAR TO A PROPOSAL THAT WAS PART OF THE LAND DEVELOPMENT CODE REWRITE.

IT'S SLIGHTLY DIFFERENT BECAUSE IT'S A, OKAY, WE'RE IN A DIFFERENT, UH, DIFFERENT CODE AND IT'S KIND OF, YOU CAN'T REALLY JUST COPY AND PASTE IT.

BUT, UM, SO PART OF THE, THE, THE ISSUE WITH HAVING THE SITE PLAN, SMALL PROJECT SITE PLAN FOR THESE PROJECTS IS THAT IT IS THE CODE IS CURRENTLY NOT CLEAR ON WHAT ENVIRONMENTAL REGULATIONS APPLY TO SINGLE FAMILY HOMES.

WE DO REVIEW NEW SUBDIVISIONS FOR SINGLE FAM OR SINGLE FAMILY HOME SUBDIVISIONS FOR ENVIRONMENTAL COMPLIANCE.

AND SO NEW LOTS ARE, UM, MEAT, CURRENT REGULATIONS, BUT PRIOR TO ANY OF OUR ORDINANCES, UM, RESIDENTS, RESIDENTIAL LOTS WERE PLATTED WHEREVER.

AND SO NOW THEY'RE IN CRITICAL WATER QUALITY ZONES, UM, BECAUSE OF, UM, THE RIGHT FOR THOSE LOTS TO CONTINUE TO BE MAINTAINED AS RESIDENTIAL, UM, USE OVER TIME.

UM, IT, WE CAN'T REALLY UP, WE CAN'T APPLY WATERWAY SETBACKS TO THOSE PROJECTS.

UM, AFTER THE COMPREHENSIVE WATERSHED ORDINANCE WAS PASSED, THOUGH, THAT DID BRING IN SLOPE PROTECTIONS AND PREVIOUS COVER CREEK SETBACKS.

UM, BUT THEY HAVE ALSO CHANGED OVER TIME.

AND SO, UM, SO THIS IS SAYING, YOU KNOW, IF YOU WERE PLATTED BEFORE THAT DATE WATERWAY SETBACKS WOULD BE EXEMPT AFTER THAT DATE, UM, ALL RESIDENTIAL PROJECTS WOULD BE REVIEWED FOR WATER WATERWAY SETBACKS, UM, AND, AND CERTAIN THINGS IN 25, 8 CHAPTER 25, 8, SUCH AS CUT AND FILL LIMITS.

UM, WHAT THE DEFINITION OF IMPERVIOUS COVER IS WHETHER OR NOT, UH, VEGETATION CAN BE REMOVED EROSION AND SEDIMENTATION CONTROL, UM, UM, AND, AND CERTAIN, AND SAVE OUR SPRINGS ORDINANCE AND CERTAIN THINGS LIKE THAT THAT CURRENTLY APPLY TODAY.

WE'RE GOING TO EXPLICITLY CLARIFY THAT THEY STILL APPLY TO A SINGLE FAMILY.

UM, AND SO WITH THAT CLARIFIED, WHICH WILL HELP A LOT, CUZ IT'S VERY DIFFICULT TO ANSWER QUESTIONS.

UH, SINCE THE CODE IS VERY GRAY WITH THAT CLARITY, WE COULD THEN APPLY THAT SAME LIST OF REGULATIONS TO THESE QUALIFYING PROJECTS THAT WOULD, UM, HAVE UP TO 11 UNITS ON THOSE SAME LOT.

SO THE IDEA IS IF A LOT WERE TO BE DEVELOPED WITH A HOUSE, WHY NOT GIVE THE SAME ENVIRONMENTAL REGULATIONS TO THAT PROPERTY, IF IT HAS MORE, MORE UNITS ON IT, UM, WE WOULD RECOMMEND SO IT'S FOR THE SAME ENVIRONMENTAL IMPACT.

AND SO WE'RE LIMITING THE AMOUNT OF IMPERVIOUS COVER FOR THOSE SITES, UH, ELIGIBLE TO 55%, WHICH IS ONE OF THE MAXIMUM IMPERVIOUS COVER LIMITS FOR RESIDENTIAL AND ZONING AND LIMITING THE ACREAGE TO UNDER A HALF ACRE.

UM, SO THAT IT'S NOT LIKE A REALLY BIG LOT THAT, THAT WOULD'VE NORMALLY BEEN SUBDIVIDED BEFORE.

UM, HAVING MORE, UH, UH, UNITS ADDED TO IT.

SO, UH, I HOPE THAT ANSWERED YOUR QUESTION JUST, JUST TO KIND OF, UH, TIE A RIBBON ON IT.

I, I, I THINK THE MORE I THINK ABOUT THE MISSING MIDDLE PIECE, THE MORE I THINK OF IT AS AN ENVIRONMENTAL WIN THAN A GIVE, BECAUSE WE HAVE A SCENARIO RIGHT NOW WHERE SINGLE FAMILY DOESN'T HAVE TO DO ANYTHING MM-HMM UH, RIGHT.

AND SO WE HAVE LOT TO LOT FLOODING ISSUES AND WE HAVE DOWNSTREAM ISSUES CUMULATIVELY BECAUSE OF SINGLE FAMILY DEVELOPMENT.

SO WHAT THIS IS SAYING

[02:10:01]

IS WE HAVE THE SAME ENVIRONMENTAL IMPACT AS SINGLE FAMILY, BUT WE GET TO INCREASE THE PROTECTIONS THAT WE ARE GOING TO REVIEW FOR IN SITE PLAN LIGHT.

IF IT DEVELOPS AS MULTIFAMILY UP TO 11 UNITS WITH THE SAME IMPERVIOUS COVER, SAME FOOTPRINT, BUT WE'RE GONNA ACTUALLY MAKE SURE IT DOESN'T HAVE THE DRAINAGE ISSUES THAT WE KNOW SINGLE FAMILY CONTINUES TO HAVE.

SO IT IT'S ACTUALLY AN INCREASE IN WHAT WE'RE REVIEWING FOR, FOR THE SAME IMPACT, BUT KIND OF INCENTIVIZING MORE UNITS, WHICH WE, WE NEED BADLY.

UH, AND SO FROM A FLOODING PERSPECTIVE, IN, IN MY MIND, THIS IS A WIN COMPARED TO OUR CURRENT CODE RIGHT NOW IT'S A GIVE ON OTHER ENVIRONMENTAL REGS AND ON A STREAMLINED PROCESS.

MM-HMM DOES THAT MAKE SENSE? YES.

AND TO, TO FOLLOW UP ON THAT, UM, SOMETHING THAT MR. COMMISSIONER BRAINER BRAMER MENTIONED THAT IT DOESN'T ACTUALLY INCENTIVIZE MUCH MISSING MIDDLE, AND THAT IS ACTUALLY TRUE BECAUSE WE'RE NOT ACTUALLY AFFECTING ZONING RIGHT NOW.

SO THE ZONING CODE WOULD HAVE TO CHANGE IN ORDER TO ALLOW MORE UNITS ON MOST OF THESE SINGLE FAMILY LOTS, UM, BEFORE, UNLESS IT'S AN AFFORDABILITY UNLOCKED PROJECT.

OKAY.

YEAH.

BUT WE'RE UNABLE TO REALLY AFFECT ZONING AT THIS TIME.

THAT MIGHT BE SOMETHING THAT WE BRING IN WITH THE PHASE TWO ORDINANCE MM-HMM .

AND MY UNDERSTANDING IS THAT'S WHY WE'RE KEEPING THE NUMBER OF UNITS LOW, BECAUSE THEN YOU WOULD HAVE TO CHANGE ZONING TO INCREASE THE NUMBER OF UNITS.

WELL, I MEAN, MOST SINGLE FAMILY ZONE LOTS WOULD NOT ALLOW UP TO 11 UNITS ANYWAY, RIGHT NOW MM-HMM YEAH.

AND COMMISSIONER GARY, UH, I'M HAPPY TO RESPOND TO SOME OF YOUR OTHER COMMENTS TOO, OR IF YOU WANNA KEEP GOING, JUST, JUST LET US KNOW WHAT WORKS BEST FOR YOU.

OH, I'LL ASK ONE MORE THEN.

OKAY.

OKAY.

YEAH.

SO, UM, THE NEXT QUESTION THAT I HAVE TIES INTO IT'S ON PAGE SIX.

SO THE FIRST SECTION OF, UM, THE INFORMATION Y'ALL GAVE US AND IT'S AFTER THE, IT'S A PARAGRAPH AFTER THOSE BULLETS AND IN THE MIDDLE, IT TALKS ABOUT THE SMALL PROJECT.

CY PLANT DESIGNATION ALLOWS DSD TO WAIVE SUBMITTAL REQUIREMENTS DOES NOT REQUIRE NOTICE TO BE SENT TO NEIGHBOR NEIGHBORING PROPERTIES THAT WAS ALARMING TO ME BECAUSE THE COMMUNITY KNOWS BETTER THAN ANYBODY ELSE.

WHAT IS THERE, YOU KNOW, ANY CRITICAL ENVIRONMENTAL FEATURES, LOCALIZED FLOODING, THOSE TYPE OF THINGS.

SO MY CONCERN WAS WHY ARE WE REMOVING? AND, AND I'LL DEFER TO LIZ IN JUST A MINUTE.

I, I THINK THE INTENT THERE IS TO, TO GIVE COMPARABLE STREAMLINING TO WHAT SINGLE FAMILY REQUIRES RIGHT NOW, SINGLE FAMILY DOES NOT REQUIRE NOTICE.

UH, AND, AND SO THAT IS PART OF THAT REQUIREMENT, BUT AGAIN, WE'RE NOT WAIVING DRAINAGE, UM, REQUIREMENTS FOR, FOR MAKING SURE THAT THERE ISN'T ADVERSE IMPACT OF THESE TYPES OF DEVELOPMENTS.

AND WE'RE NOT TALKING ABOUT LARGER SCALE DEVELOPMENT ON THESE LOTS THAN WHAT WOULD OCCUR IN SINGLE FAMILY.

IT'S JUST A DIFFERENT TYPE TYPOLOGY OF DEVELOPMENT.

SO THINK ABOUT THE SAME EXACT FOOTPRINT, BUT TWO TO FOUR UNITS INSTEAD OF JUST ONE LARGE SINGLE FAMILY HOUSE.

UH, AND SO THAT'S REALLY WHAT WE'RE TRYING TO GET AT WITH THIS, THIS CARVE OUT.

OKAY.

AND I APPRECIATE THAT CASE IN POINT, UM, WHEN THE 98, NO, 2001 FLOOD HAPPENED.

THERE WAS A LOT OF FLOODING.

THIS IS BEFORE 20 15, 20 13.

A LOT OF FLOODING HAPPENED ALONG THAXTON ROAD.

MM-HMM EJ.

WE DON'T KNOW ABOUT IT.

AND THEN YEARS LATER I HAPPENED TO BE DRIVING OUT THERE AND I SAW ALL OF THESE HOUSES THERE AND I THOUGHT, OH MY GOSH, WHY DID Y'ALL PUT HOUSES IN AN AREA THAT FLOODS WATERSHED DIDN'T EVEN KNOW ABOUT IT BECAUSE IT WAS NOT ON THE RECORD.

SO WE KNOW, AND EVENTUALLY THEY'RE GONNA FLOOD ALL OF THOSE HOMES OUT THERE THAT REVEAL THEY'RE GONNA FLOOD.

SO AGAIN, I KNOW IT'S CONVENIENT FOR STAFF.

I KNOW IT'S CONVENIENT FOR THE DEVELOPMENT COMMUNITY, NOT TO HAVE, YOU KNOW, THE COMMUNITY MAY BE NOTIFIED OR BE CONSIDERED, YOU KNOW, THEY MAY CONSIDER US MERS OR WHATEVER, BUT WE KNOW WHAT GOES ON IN THOSE AREAS.

AND THEN THE OTHER THING THAT I WORRY ABOUT IS WHEN YOU'VE GOT LOT TO LOT, AND YOU'RE GONNA PROPOSE THESE SMALL PROJECTS IN THE MIDDLE OF SINGLE FAMILY AND ALL, ALL, ALL AROUND THEM IS NOTHING BUT SINGLE FAMILY.

THEY WILL NOT HAVE AN OPPORTUNITY TO SAY TO ANYBODY OR EVEN KNOW I NEED TO DO A PRELIMINARY ENGINEERING STUDY ON MY PROPERTY BECAUSE ONCE THIS DEVELOPMENT HAPPENS, IT COULD HAVE AN IMPACT ADVERSE IMPACT ON ME.

SO THEY'RE NOT EVEN HAVING THAT OPPORTUNITY TO PROTECT THEMSELVES.

AND I KNOW THERE HAVE BEEN MULTIPLE COMPLAINTS BROUGHT UP BY, UM, RESIDENTS, SUBSEQUENT TO DEVELOPMENT, ADJACENT TO THEIR PROPERTY THAT IS

[02:15:01]

NOW RESULTING IN, UM, LOT TO, LOT TO LOT LETTING.

AND THE ONLY RECOURSE THEY HAVE IS TO GET AN ATTORNEY.

AND THEY HAD NO, FROM MY PERSPECTIVE, THEY WERE NOT EVEN NOTIFIED THAT THERE MIGHT BE A PROBLEM AND TAKING THAT AWAY.

YOU'RE TAKING THAT AWAY FROM THE COMMUNITY.

AND I, AND IF WE'RE TALKING ABOUT STAKEHOLDERS, THE COMMUNITY SHOULD BE A STAKEHOLDER.

AND CUZ RIGHT NOW THIS ALLOWS STAFF, THIS ALLOWS STAKE DEVELOPERS, BUT IT LEAVES OUT THE COMMUNITY ITSELF.

SO I'M VERY CONCERNED ABOUT REMOVING THAT PIECE.

VERY, VERY, VERY CONCERNED.

THANK YOU.

THANK YOU, COMMISSIONER NICHOLS, DO YOU HAVE ANY? SURE.

SO ON THE, UH, WHAT IS THIS DOCUMENT CALLED? THE ORDINANCE AMENDMENT REVIEW SHEET ITEM SIX.

IT COVERS, UH, THE REQUIREMENT OF NEW AND REDEVELOPED PROJECTS TO USE GREENFIELD CONDITIONS AS A BASELINE WHEN CALCULATING DRAINAGE REQUIREMENTS, THE, UH, PARAGRAPH BELOW SIMPLY STATES THAT THE, UH, THE COUNCIL RESOLUTION DIRECTED STAFF TO ENGAGE STAKEHOLDERS ABOUT THIS PROPOSED AMENDMENT AND TO RETURN TO COUNCIL FOR CONSIDERATION IN NOVEMBER.

AND I'M JUST CURIOUS ABOUT HOW THOSE STAKEHOLDERS HAVE BEEN ENGAGED.

WHO'S BEEN ENGAGED.

ARE YOU ABLE TO SPEAK TO THAT? WE'RE NOT BECAUSE WE'RE NOT POSTED FOR IT.

AND UM, I WILL ALSO JUST ADMIT WE'RE A LITTLE BE BEHIND ON THAT.

SO YEAH.

THAT TO BE CONTINUED SURE THING.

YEAH.

AS, UH, DO YOU'ALL HAVE ANY KIND OF PRELIMINARY IDEAS AS TO HOW THAT WOULD BE CARRIED OUT? WE HAVE HAD SOME CONVERSATIONS ABOUT, UM, SURVEYS, BUT I THINK THAT WE NEED TO HAVE MORE DEEPER CONVERSATIONS WITH HOUSING AND PLANNING BEFORE WE PUT ANYTHING OUT.

SO WE NEED TO, WE NEED TO REGROUP AND GO BACK TO THEM AND YEAH.

YEAH.

AND I NOT WANTING TO GO BEYOND KAYLA, PLEASE RING ME IN.

IF I'M GOING BEYOND WHAT I SHOULD SAY WITH US, NOT POSTED ON THIS, I, WE DON'T WANT TO BRING SOMETHING FORWARD THAT ISN'T BALANCED IN TERMS OF IMPACT.

AND SO WE WANT TO MEANINGFULLY INCORPORATE OTHER ENTITLEMENTS POTENTIALLY PROPOSED WITH ORDINANCE LANGUAGE THAT WOULD PROBABLY BE COMING FORWARD FROM HOUSING AND PLANNING AND, AND ARE NOT QUITE THERE YET.

AND SO, AND WE ALSO DON'T WANNA JUST RUBBER STAMP ENGAGEMENT ON IT BECAUSE IT IS A BIGGER, IT'S A BIGGER CONCERN THAT WE'VE HEARD ALREADY FROM COMMUNITY.

SURE.

TOTALLY UNDERSTAND.

AND I APPRECIATE Y'ALL.

THANK YOU.

THANKS.

THAT'S ALL I HAVE.

HI, THANK YOU.

UM, I, I HAVE A FEW QUESTIONS, SO, AND ONE AGAIN IS MORE CONTEXT AND SORRY.

UM, I THINK YOU MIGHT HAVE STARTED WITH THIS, BUT AT THE END OF THE DAY, I MIGHT NOT HAVE HEARD IT, BUT SO HOW, HOW FREQUENTLY IS THE OPPORTUNITY? HOW LIKE, LIKE HOW OFTEN CAN THESE AMENDMENTS BE PROPOSED TO, TO COUNSEL? I WAS JUST, WE HAVE NOT HAD THE ABILITY TO DO A CODE AMENDMENT SINCE 20 14, 20 15, I BELIEVE 2017.

UM, SO, UM, IT'S, IT'S RELATIVELY RARE.

UM, WE, THEY, SO STAFF ARE NOT ALLOWED TO INITIATE ORDINANCES.

IT HAS TO GO THROUGH EITHER CITY COUNCIL INITIATING IT OR PLANNING COMMISSION HAS TO INITIATE IT AT THE, WE CAN MAYBE REQUEST PLANNING COMMISSION, BUT WE'VE UM, BECAUSE OF THE LDC REWRITE, UM, ALL EFFORT HAD BEEN PUT INTO THAT ONE EFFORT AND THEN THERE WAS A LAWSUIT AND WE WEREN'T ABLE TO DO ANYTHING THEN EITHER.

SO IT'S BEEN A NUMBER OF YEARS, UM, MOVING FORWARD.

I, I REALLY DON'T KNOW WHAT THE NEW NORMAL WILL, WILL LOOK LIKE.

UH, IDEALLY WE WOULD DO CLEAN UP ORDINANCES AT, AT A MINIMUM EVERY FEW YEARS.

UM, AND THEN, YOU KNOW, HAVE LIKE MORE SUBSTANENT SUBSTANTIVE POLICY CHANGES AT A KIND OF A LONGER SCHEDULE.

UM, I BELIEVE WE WILL HAVE SOME RECOMMENDATIONS RELATED TO THE, TO THE STRATEGIC PLAN IN A FEW YEARS UMPROBABLY TWO YEARS.

AND JUST TO SPEAK TO THAT, THAT, THAT DOES SPEAK TO COMMISSIONER GARY'S, UM, CONCERN ALSO ABOUT WHEN WE'RE INTEGRATING EQUITY AND NOT WANTING TO PUT CARP BEFORE THE HORSE ON THIS, UM, ANDREA'S TEAM WORKING ON A, A STAFF REPORT THAT WILL TALK ABOUT HOW WE'RE INTEGRATING EQUITY INTO THE STRATEGIC PLAN.

THAT IS A FULL OVERHAUL AS, AS WE'VE TALKED ABOUT OF THE WAY WE, WE FUNCTION AS A DEPARTMENT, BUT THE OTHER PLACE THAT I SEE A HUGE OPPORTUNITY FOR REALLY MAKING SURE THAT WE'RE EVALU, UH, EVALUATING CODE ON THE WHOLE ENVIRONMENTAL POLICY ON THE WHOLE AS A CITY IS, UM, OUR ENVIRONMENTAL OR, UH, EQUITY ACTION TEAM, UH, FROM WATERSHED PROTECTION.

THAT INCLUDES REPRESENTATIVES FROM OTHER DEPARTMENTS.

UM, DID A KIND OF PRELIMINARY REVIEW OF, OF WHAT IS IN THIS PHASE ONE, UM, UH, GROUP OF, OF, UH, CHANGES TO THE CODE.

ONE OF THE RECOMMENDATIONS THAT CAME FROM THAT, AND IT'S IN YOUR BACKUP FROM OUR IT'S IT'S IN OUR EQUITY REVIEW, UH, IS,

[02:20:01]

IS A RECOMMENDATION THAT WE WITHIN THE NEXT YEAR OR SO COME BACK TO COUNCIL WITH, UH, AN ANALYSIS, A WHOLESALE ANALYSIS OF THE EQUITY IMPACT OF ENVIRONMENTAL CODE CODE ON THE WHOLE, NOT JUST THESE CHANGES, UH, AND THAT IN MY MIND IS SOMETHING THAT COUNCIL COULD RESPOND TO WITH ACTION OR DIRECTIVE FOR US TO UPDATE CODE AGAIN, BASED ON, ON THAT REALLY WHAT I SEE AS AN OPPORTUNITY FOR A MUCH DEEPER DIVE INTO EQUITY IMPACTS.

COOL.

THANKS.

MM-HMM BUT SO, I MEAN, THIS, IT SEEMS LIKE THIS IS A, A REALLY, UM, BIG OPPORTUNITY IN THE SENSE CUZ IT, YES.

LIKE IF YOU DON'T KNOW WHAT'S GONNA HAPPEN GOING FORWARD, BUT IF YOU LOOK IN FROM PREVIOUS YEARS THAT THIS IS THERE'S, THERE'S BEEN A GAP IN, YOU KNOW, SEVERAL YEARS.

RIGHT.

OKAY.

YEAH.

MM-HMM UM, SO GOING TO THE SPECIFICS, JUST, I WAS JUST GOING THROUGH YOUR, THE, YOUR SITE DECK AND THE, THE FIRST, UM, PROPOSED AMENDMENT, WHICH IS TO ESTABLISH CRITERIA THAT PRIORITIZES WHEN GREEN STORM WATER METHODS SHOULD BE REQUIRED OR INCENTIVIZED OVER CONVENTIONAL STORM WATER METHODS.

UM, MY ONE SUGGESTION HERE IN QUESTION ACTUALLY REALLY TO YOU ALL IS, UM, WHAT ABOUT JUST MAKING THIS STANDARD B THAT IT HAS TO BE A GREEN STORM WATER METHOD BASED ON THE BENEFITS OF IT.

AND IN, IN THAT SPECIFIC, LIKE WITH THIS SPECIFIC AMENDMENT, I'M NOT, I DON'T KNOW THE, THE, LIKE THE, THE COST, YOU KNOW, COMPARISON OF THE TWO, BUT IT DOES SEEM LIKE THE, YOU KNOW, IF YOU'RE, IF, HOW IT'S ALWAYS, HOW YOU, HOW DO YOU MONETIZE ALL THESE OTHER, YOU KNOW, BENEFITS AND STUFF, BUT IT DOES SEEM LIKE IT COULD BE LIKE COMPARABLE COST.

RIGHT.

MM-HMM UM, BUT I DON'T, I DON'T KNOW, CAUSE I HAVEN'T DONE THAT LIKE SPECIFICALLY, SO IT JUST WAS JUST, IT WAS MORE ALONG THE LINES OF LIKE JUST OF THE, THE CONCEPT OF IF YOU LOWER OR IF YOU INCREASE WHAT IS ALLOWED LIKE AS YOUR BASELINE LEVEL TO BE LIKE THE, THE MORE SUSTAINABLE OR, OR GREENER AS LIKE THIS IS, YOU KNOW, THEN, THEN IT ALL LIFTS UP.

RIGHT.

THAT'S THE CONCEPT THERE.

YEAH.

RIGHT.

YEAH.

THAT'S EXACTLY WHAT WE'RE PROPOSING.

YEAH.

SO THE LANGUAGE THAT YOU'RE READING RIGHT NOW THAT SAYS MANDATE OR INCENTIVIZE OR WHATEVER, IT SAYS, THE, WE WE'RE ACTUALLY MANDATING GREEN STORM WATER INFRASTRUCTURE IN MOST SCENARIOS.

OKAY.

UH, AND SO THE ONLY CARVE OUTS INCLUDE, IF YOU HAVE A SITE THAT ALLOWS FOR OVER 90% IMPERVIOUS COVER, IF YOU HAVE A SITE THAT IS ADJACENT TO, OR, OR, OR, UH, IS THAT, UM, UH, HAS A CERTAIN KIND OF INDUSTRIAL OR HIGH RISK, UM, LAND USE ASSOCIATED WITH IT, AND THERE'S A LIST OF, OF WHAT THOSE WOULD INCLUDE.

AND THEN ALSO THE ONLY OTHER FACTOR IS, UH, IF YOU, YOUR DRAINAGE AREA IS LARGER THAN 10 ACRES, YOU CAN STILL USE A CONVENTIONAL CONTROL.

SO THAT'S FOR HUGE CONTROLS THAT WE STILL WANNA GIVE THAT OPTION FOR.

BUT IN MOST SCENARIOS WE ARE SAYING GREEN STORM WATER, OUR INFRASTRUCTURE IS THE MANDATE.

OKAY.

THE ONLY OTHER WAY AROUND THAT IS A VARIANCE PROCESS.

UH, AND SO THE OTHER PIECE, THE INCENTIVE PIECE, WE, WE, THAT IS SOMETHING THAT WE INTEND TO RESPOND TO, I THINK, UH, THROUGH BOTH THE STRATEGIC PLAN AND, AND FOLLOW UP ENGAGEMENT, I'M PARTICULARLY INTERESTED IN THAT PIECE IN TERMS OF HOW DO WE INCENTIVIZE CERTAIN TYPES OF GREEN INFRASTRUCTURE FOR THE MULTIPLE BENEFITS THAT WE WANT FOR DIFFERENT PLACES IN TOWN.

SO IF WE KNOW THAT WE HAVE AN AREA WHERE THERE'S A LOT OF URBAN HEAT ISLAND, AND WE KNOW THAT FOLKS ARE GONNA NEED TO PUT IN A WATER QUALITY CONTROL, WHAT ARE THE CONTROLS THAT IMPACT URBAN HEAT, HEAT ISLAND THE MOST, AND HOW CAN WE ACTUALLY INCENTIVIZE DEVELOPERS TO DO THAT, TO CHOOSE THAT CONTROL, UH, SPECIFICALLY WITHIN THE BUCKET OF GREEN INFRASTRUCTURE.

OKAY.

BUT DOES THAT HELP? YEAH, THAT'S GREAT.

CUZ I GUESS I DIDN'T, I DIDN'T REALIZE KIND OF CLARIFICATION THAT, THAT THE, THE LANGUAGE THAT SAYS ONE ESTABLISHED CRITERIA, THAT IS WHAT THE, THOSE ARE DIRECT WORDS FROM THE RESOLUTION.

SO THAT IS WHAT COUNCIL IS TELLING THE CITY MANAGER TO TELL STAFF TO DO THAT.

AND SO WHAT WE HAVE DONE IS WE'RE GOING TO REQUIRE GREEN STORM WATER INFRASTRUCTURE FOR ALL SITES WITH LESS THAN 90% IMPERVIOUS COVER.

THERE ARE THE CARVE OUTS, UM, JUST ON POINT OF CLARIFICATION ON THE IMPERVIOUS COVER FOR AREA GREATER THAN 10 ACRES, IF IT'S EXISTING.

SO IT'S LIKE IF YOUR PROJECT TREATS OFFSITE EXISTING IMPERVIOUS COVER, UM, THAT HAS DRAINAGE AREA OF MORE THAN 10 ACRES, THEN YOU CAN USE A SAID FILL POND, BUT NOT ALL SITES THAT ARE GREATER THAN 10.

OKAY.

SO NO THANKS.

CUZ I GUESS I DIDN'T REALIZE THAT LIKE THOSE CODE AMENDMENTS ON SLIDE NINE THAT I'M SEEING LIKE WOULD, ARE NOT FOR LIKE WHAT WOULD, WHAT WOULD BE THERE ARE LESS OF THOSE THAN WHAT WOULD BE THE NORM I GUESS? UM, THAT'S, I'M NOT MAKING ANY SENSE, UM, THAT, YES.

[02:25:02]

OKAY.

I'M JUST GONNA STOP TALKING.

UM, I DID HAVE A QUESTION ABOUT, UM, OKAY.

SLIDE 14.

THIS CAME UP A FEW TIMES TOO, BUT WITH THE FUN WITH THE FUNCTIONAL GREEN, THIS IS AGAIN, JUST SORT OF A BASIC QUESTION.

UM, WHAT LIKE ON PROPERTIES, UM, WITH MORE THAN 80% ALLOWABLE AND PERVIOUS COVER, AGAIN, THIS IS JUST MORE OF A CONTEXT QUESTION.

LIKE IT DOESN'T SEEM LIKE THERE ARE A LOT OF PROPERTIES WITH THAT MUCH ALLOWABLE AND PERVIOUS COVER OR ARE THERE, BUT IT IT'S TRUE.

UM, SO MOST PROJECTS DO HAVE A CAP OF IMPERVIOUS COVER LESS THAN 80%.

SO WHAT WE'RE LOOKING AT IS LIKE THE, UM, URBAN WATERSHEDS WHERE IMPERVIOUS COVER IS RESTRICTED BY ZONING, NOT BY WATERSHED, LIKE DOWNTOWN, FOR INSTANCE, UM, LOTS THAT ARE IN URBAN WATERSHED ZONED, UH, LIKE CS.

SO THOSE SITES HAVE ENTITLEMENTS THAT GO UP TO 90%, SOMETIMES A HUNDRED PERCENT IMPERVIOUS COVER.

AND SO IT'S THOSE SITES THAT WERE, UM, WERE TARGETING, OH, I DIDN'T REALIZE THAT SOME ZONING ALLOWED UP TO A HUNDRED PERCENT YEAH.

IN DOWNTOWN AREA.

MM-HMM YEAH.

OKAY.

UM, AND THEN I DON'T KNOW GUYS, SORRY, THIS IS SOME, SOME OF THIS IS EDUCATIONAL, BUT I DIDN'T KNOW WHAT AN IN CHANNEL DETENTION FUND WAS LIKE.

RIGHT.

DID YOU? YEAH.

YEAH.

BUT, UM, BUT WE DON'T HAVE TO GO THERE.

I WAS JUST SAYING THAT UNLESS PEOPLE AREN'T CURIOUS, BUT I, I CAN JUST SKIP OVER THAT.

I HAVE ANOTHER FINE COMMENT, UM, RELATED TO WHAT, UM, COMMISSIONER GARY WAS SAYING.

UM, AND THIS IS, IT'S MORE OF, I GUESS I'M JUST CURIOUS OF LIKE, HOW IS, UM, LIKE I GUESS WHAT IS THE CITY DOING TO TRY TO RELOCATE RESIDENTS WHERE THEY HAVE FOUND THAT THEY'RE IN A FLOOD PLAN FOR, BUT, UM, AND I KNOW LIKE SORT OF THE FLOOD PLANE KIND OF MAPS HAVE BEEN CHANGING AND STUFF, BUT, AND THEN ALSO LIKE ART, LIKE WHAT IS, I DON'T KNOW.

THAT'S MY QUESTION.

YEAH.

WHAT IS THE, IS THERE A PROGRAM OR I KNOW THAT'S HARD SAY CONNECT THAT BACK TO THE, TO THIS CODE AMENDMENT TOO, IF THERE IS A CONNECTION.

SO WE'RE YEAH.

UM, WELL, SO FLOOD ROOT RULES ARE NOT REALLY BEING ADDRESSED WITH THIS ORDINANCE.

WE'RE NOT REALLY CHANGING ANYTHING IN CHAPTER 25, 7 DRAINAGE, EXCEPT SOME LANGUAGE, UM, PRE INCREASING EROSION HAZARD ZONE ANALYSIS FOR THE COLORADO RIVER.

AND SO WE'RE NOT REALLY CHANGING ANYTHING.

UM, THERE IS A POLE FLOOD, PLAIN GROUP.

NONE OF THEM ARE HERE TODAY, BUT YOU KNOW, THEY, THEY LOOK AT BUYOUTS, THEY LOOK AT FLOOD REDUCTION PROJECTS THROUGH OUR C I P PROJECTS.

UM, AND, AND WE HAVE WAYS TO RANK DIFFERENT PROJECTS BASED ON SEVERITY.

AND SO THERE'S A, THERE'S A LOT THAT COULD GO IN ON THAT, BUT THERE'S PROBABLY TOO MUCH TO GO IN AND I'M DEFINITELY NOT THE RIGHT PERSON TO ANSWER THAT QUESTION.

OKAY.

BUT IT'S LIKE AN ACTIVE LIKE PROGRAM, I GUESS JUST YEAH.

I MEAN, YEAH, YES.

YEAH.

BUT THEN I GET, OKAY.

I'M JUST GONNA STOP.

OKAY.

THANK YOU.

UM, OKAY.

YES.

COMMISSIONER SHERA.

I HAVE, I GUESS, QUESTIONS ABOUT THE EXPANSION OF THE TO 11 UNITS FOR A SINGLE FAMILY.

AND I JUST, YOU KNOW, I LIVE NORTH IN THE NORTH CENTRAL NEIGHBORHOOD.

UM, WHEN I FIRST MOVED TO THE NEIGHBORHOOD IN ABOUT 2011, UM, JUST A LOT OF PROPERTIES, UM, INVESTMENT PROPERTIES, SINGLE FAMILY PROPERTIES, WHERE AS A VERY HIGH PERCENTAGE OF, OF RENTALS LANDLORDS, UM, OF PEOPLE WHO LANDLORDS, WHO, WHO ARE INVESTMENT OWNED BY INVESTMENT COMPANIES WHO DON'T LIVE IN AUSTIN HAVE NO PROPERTY MANAGEMENT, UM, IN AUSTIN.

AND SO I'M JUST, UM, YEAH.

UM, SO I JUST WANT TO KIND OF REALLY UNDERSTAND THIS, YOU KNOW, POTENTIAL, MIDDLE, YOU KNOW, MISSING MIDDLE, UM, PROCESS REALLY, AND WHAT THAT, WHAT THAT WOULD LOOK LIKE, WHAT IT, AND I'M READING THIS, BUT I JUST WANNA UNDERSTAND MORE WHAT, SO WHAT WOULD HAPPEN? UM, WHAT, WHAT'S THAT PROCESS? WHAT DOES IT LOOK LIKE? YEAH.

UM, ALRIGHT, SO

[02:30:01]

YOU HAVE A HOUSE NEXT DOOR.

SOMEBODY BUYS IT, THEY WANNA REDEVELOP IT DEPENDING ON THE ZONING.

YOU MAY OR MAY NOT BE ABLE TO TAKE ADVANTAGE OF THIS.

SO THE ZONING DETERMINES HOW MANY UNITS ARE ALLOWED.

SO IF IT'S SF ONE, SF TWO, THOSE DON'T, THOSE ZONING CATEGORIES DON'T ALLOW MORE UNITS THAN TWO.

UM, AND SO CITY COUNCIL WOULD HAVE TO ACT AND REZONE THOSE SITES, UM, THAT YOU WOULD GET ZONE.

YOU WOULD GET NOTICED FOR THAT, UH, THAT WOULD GO THROUGH THE NORMAL ZONING PROCESS.

BUT ASSUMING THAT THERE WAS ZONING THAT WOULD ALLOW THAT MANY UNITS ON THE SITE, OR IF IT WERE SOME OTHER AFFORDABILITY UNLOCKED PROGRAM THAT, UM, DOES HAVE SOME, UH, ABILITIES TO PROVIDE ADDITIONAL UNITS ON ZONING CATEGORIES, DIFFERENT FROM WHAT EVERYONE ELSE DOES.

UM, THEN YOU WOULD, INSTEAD OF HAVING A SINGLE FAMILY HOME THAT GOES THROUGH A BUILDING PERMIT PROCESS AND NO REVIEW BY ENVIRONMENTAL OR DRAINAGE STAFF EXCEPT FOR FLOOD PLAIN.

UH, SO THAT'S THE FLOOD PLAIN IS THE ONLY KIND OF ENGINEERING REVIEW THAT SINGLE FAMILY HOMES HAVE.

IT WOULD GO THROUGH A SITE PLAN, BUT IT'S A, IT'S A MORE, UH, STREAMLINED PROCESS IN THAT THE VIEW TIMES ARE SHORTER.

UH, FEES MAY BE SHORTER DEPENDING ON THE DEPARTMENT.

AND THE PROPOSAL HERE WOULD BE THAT THE SAME ENVIRONMENTAL REGULATIONS THAT APPLY TO A SINGLE FAMILY HOME WOULD APPLY TO THOSE PROJECTS.

AS WELL AS COMMISSIONER AGUIRE MENTIONED, THE SMALL PROJECT SITE PLAN PROCESS DOES NOT HAVE NOTICE SENT TO THE NEIGHBORHOOD.

AND SO THIS PROPOSAL WE WORKED WITH, UM, DEVELOPMENT SERVICES DEPARTMENT TO FIND A, A SOLUTION TO MEET THIS, UM, THIS KIND OF RED REQUEST FROM CITY COUNCIL.

UM, I WILL ALSO NOTE THAT THERE HAVE BEEN MANY CONVERSATIONS AND, UH, THERE HAS BEEN A RESOLUTION FROM PLANNING COMMISSION TO DO SOMETHING VERY SIMILAR TO THIS FOR AFFORDABILITY UNLOCKED PROJECT.

SO THAT'S BEEN SOME, UH, ONGOING CONVERSATION THAT HAS, UH, PROBABLY WOULD'VE RESULTED IN ITS OWN SEPARATE ORDINANCE IF IT WEREN'T FOR TIED INTO THIS.

UM, AND SO, SO IT WOULD STILL HAVE ENGINEERING REVIEW BECAUSE WE WOULD BE REVIEWING FOR DRAINAGE.

THERE WOULD BE AN ENVIRONMENTAL REVIEWER LOOKING AT, UM, EROSION CONTROL, UM, WATERWAY SETBACKS, CUT, AND FILL, UM, AND THOSE SORTS OF THINGS, BUT OTHER ITEMS WOULD BE WAIVED.

THERE WOULD BE NO SLOPE PROTECTIONS.

THERE WOULD BE NO WATER QUALITY CONTROLS OR WATERSHED IN PREVIOUS COVER LIMITS.

OKAY.

THAT'S HELPFUL.

I MEAN, AS OUR NEIGHBORS, WE DO WANNA PROMOTE DENSITY, BUT WE WANNA MAKE SURE THAT THERE IS A REVIEW PROCESS.

YEAH.

YES.

THERE WOULD BE RESPONSIBLE.

THERE WOULD BE A REVIEW, IT WOULD STILL BE A SITE PLAN.

SO IT, I THINK WHAT MEMBERS OF THE COMMUNICATE COMMUNITY WHO ARE ADVOCATING FOR THIS WOULD PREFER ACTUALLY FOR US TO GO FURTHER AND JUST SAY, THESE PROJECTS GO THROUGH A BUILDING PERMIT REVIEW.

THIS DOES NOT ACTUALLY GO AS FAR AS WHAT SOME ARE ACTUALLY ASKING, BECAUSE IT WOULD HAVE A, A SITE PLAN AND THERE WOULD BE DRAINAGE REVIEW.

OKAY.

THANK YOU.

I THINK THOSE ARE ALL THE QUESTIONS THAT I HAVE.

OKAY.

THANK YOU.

HEY, Y'ALL UH, APPRECIATE THE WORD.

IT'S A LOT OF WORDS.

IT'S, IT'S A LOT OF WORDS TO READ.

I KNOW IT'S PROBABLY A LOT OF WORDS TO WRITE TO, SO, YOU KNOW, HATS OFF BEANIES OFF, WHATEVER.

UM, YEAH.

UM, I HAD A COUPLE QUESTIONS.

UM, YOU KNOW, WE'RE TALKING ABOUT, YOU KNOW, STORM WATER AND DRAINAGE AND PARKING LOTS.

AND SO I SEE HERE THAT WE'VE GOT A DIVISION WHERE WE TALK ABOUT, YOU KNOW, PARKING LOTS IN 25, 2 ZONING, I GUESS, PAGE ONE OR WHATEVER.

UH, AND SO THE REASON I ASKED THIS IS BECAUSE TWITTER KEEPS ON ALGORITHMICALLY SERVING ALL LIKE THE URBANISTS THAT ARE ON TWITTER AND THEY'RE ALWAYS RANTING AND RAVING ABOUT PARKING LOTS.

RIGHT.

UH, I ACTUALLY SAW A QUOTE FROM THE GUYS THAT MADE, MADE SIM CITY SAYING THAT WHEN THEY MADE THE GAME, THEY ACTUALLY HAD ALL THE PRETEND PARKING BE UNDERGROUND BECAUSE OTHERWISE YOUR CITY WOULD JUST BE A GIANT PARKING LOT AND IT WOULD BE REALLY DEPRESSING.

UM, I THINK, YOU KNOW, AS AUSTIN GROWS AND WE START LOOKING AT DENSITY, UM, IS THERE ANY WAY JUST LIKE CUT DOWN ON THE AMOUNT OF PARKING LOTS THAT, UH, DEVELOPMENT WOULD HAVE TO HAVE, RIGHT.

BECAUSE IF WE WANT, ESPECIALLY IF WE'RE ON LIKE A TRANSIT CORRIDOR RIGHT.

WHERE LET'S SAY THE RAIL, RIGHT.

OR EVEN 35, IF WE CAP AND STITCH IT OR WHATEVER.

RIGHT.

UM, I THINK, YOU KNOW, IDEALLY TO CUT DEBT WELL, TO DISINCENTIVIZE PEOPLE FROM DRIVING, RIGHT.

WHEN THEY CAN PURSUE MULTIMODAL TRANSPORTATION, THAT'S MORE ECONOMICALLY RESPONSIBLE,

[02:35:02]

ECOLOGICALLY RESPONSIBLE OR ECONOMICALLY, WHATEVER.

RIGHT.

WHATEVER FITS, UM, YOU KNOW, ANY WAY THAT Y'ALL, OR SOMEBODY HAS THE AUTHORITY TO JUST LIKE, BE LIKE, HEY, MAYBE WE NEED LESS PARKING IF IT'S LIKE IN CBD YOU'RE ALONG LIKE A TRANSIT CORRIDOR OR SOMETHING, YOU KNOW? YEAH.

AND I, I, UM, I REALLY SHOULD NOT PLAY TRANSPORTATION REVIEWER, BUT I DO KNOW THAT IN CERTAIN AREAS, THERE ARE CERTAIN PARTS OF TOWN WHERE PARKING IS EITHER NOT REQUIRED WHERE IT'S EX MUCH MORE REDUCED THAN IN OTHER AREAS.

UM, THIS REALLY DIRECT STAFF TO TALK ABOUT LIKE STORM WATER AND HOW WE MANAGE STORM WATER AND PARKING LOTS.

UM, THE NUMBER OF PARKING SPACES REQUIRED.

I'M JUST SAYING, IF YOU MAKE THE PARKING LOT SMALLER, RIGHT.

LESS PERVIOUS COVER, UH, A HUNDRED PERCENT, I THINK THAT WE MAY BE ABLE TO LOOP THOSE TYPE OF DISCUSSIONS IN WITH THE PHASE TWO ORDINANCES, AS WE ARE DISCUSSING HOW TO, UM, UH, LOOK MORE HOLISTICALLY.

SO THAT ARE THE, ESPECIALLY THE GREENFIELD DEVELOPMENT REQUIREMENTS DON'T, UM, CAUSE UH, PROJECTS TO BE UNBUILDABLE.

AND SO THINGS LIKE PARKING, HEIGHT, SETBACKS, THOSE ARE ALL THINGS THAT I HAVE DIRECT WATER QUALITY IMPACTS, BUT WE HAVEN'T TRADITIONALLY BEEN ABLE TO LOOK AT IT HOLISTICALLY OUTSIDE OF THE LDC REWRITE.

AND I THINK THAT THIS ORDINANCE DOESN'T DO THAT, BUT THERE COULD BE OPPORTUNITIES IN THE FUTURE.

YEAH, FOR SURE.

UM, AND MY OTHER QUESTION SOMEWHAT RELATED, BUT REALLY NOT REALLY, UM, FOR THE, THE FUNCTIONAL GREEN STUFF.

RIGHT.

I SEE THAT WE'VE GOT SORT OF LIKE ELEMENTS AND MULTIPLIERS AND SORT OF STUFF LIKE THAT.

UH, ONE THING JUST FROM MY PERSONAL EXPERIENCE, UH, TO CONSIDER AS LIKE A, A MULTIPLIER OR, OR WHATEVER, WHATEVER WE GOTTA DO.

RIGHT.

UM, I THINK, YOU KNOW, HAVING SORT OF FUNCTIONAL GREEN ELEMENTS, LIKE CLOSE TO LIKE HERE, LIKE FOR ME, RIGHT.

IT'S LIKE, OKAY, IF I RIDE MY BIKE OR I TAKE THE BUS, RIGHT.

IT ALWAYS SUCKS DURING THE SUMMER WHEN YOU'RE SITTING, WAITING AT THE BUS STOP AND IT'S LIKE REALLY HOT, THE SEAT'S HOT.

MAYBE YOU GOT A ROOF, BUT IT'S STILL HOT.

RIGHT.

SOMETIMES IT MIGHT HELP TO JUST BE ABLE TO LIKE SIT IN THE GRASS.

RIGHT.

IF YOU GOT LIKE A TREE THAT'S PROVIDING A BUNCH MORE SHADE, LET'S SAY THE BENCH IS FILLED UP.

SO YOU GOTTA STAND OUTSIDE OF THE AREAS COVERED BY THE BENCH.

RIGHT.

I THINK, AND MAYBE THIS IS OUTSIDE THE PURVIEW AND MORE OF LIKE A CAP METRO THING.

BUT IF YOU CAN FORCE IT ON LIKE A BUILDING OR PROPERTY OWNER, UH, FROM LIKE THEIR AREA OF THE LOT, THAT'S LIKE ADJACENT TO SOME KIND OF TRANSIT MM-HMM TYPE THING.

RIGHT.

UM, MAYBE THAT COULD BE LIKE A GOOD MULTIPLIER AS AN INCENTIVE FOR PEOPLE TO CREATE FUNCTIONAL GREENS, UH, ADJACENT TO LIKE HIGH TRANSIT FOOT TRAFFIC AIR.

I'M NOT SURE WHAT THE PROPER TERM IS BASICALLY LIKE A BUS STOP.

YEAH.

SHADED TRAIN, STOP SEATING, WHATEVER.

YEAH.

ANY KIND OF SHADED SEATING.

YEAH.

LIKE I GUESS ANOTHER GOOD EXAMPLE WOULD BE, UH, YOU KNOW, I GO TO AUSTIN SEA GAMES AND YOU TAKE THE TRAIN.

RIGHT.

SOMETIMES IT'S HIGH AS HELL AND THERE'S NOT REALLY THAT MUCH SHADING.

RIGHT.

LIKE, IS IT THAT CRAZY TO LIKE PLAN A TREE OR LIKE SOME SHRUBBERY OR SOMETHING LIKE THAT.

SO I THINK THAT MIGHT BE, UH, AN OPPORTUNITY AS WELL.

MM-HMM ALL RIGHT.

GOOD FEEDBACK.

THANKS.

IT'S DEFINITELY GOOD FEEDBACK.

AND, UH, PAMELA AB TALLY FROM DEVELOPMENT SERVICES DEPARTMENT, WHO'S REALLY BEEN LEADING THE CHARGE ON THEIR PART TO DEVELOP FUNCTIONAL GREEN.

UM, DID WANT TO RELAY THAT, UH, PUBLICLY ACCESSIBLE GREEN, UH, SPACES DO GET POINTS WITHIN THE FUNCTIONAL GREEN.

SO THERE IS SOME BUILT IN INCENTIVE YEAH.

AS A PART OF THAT.

YEP.

YEP.

I ACTUALLY JUST HAVE A COMMENT, UM, IN REGARD TO INCREASING DENSITY, UM, AND JUST CONCERNS ABOUT WASTE MANAGEMENT AND TRASH, THE AMOUNT OF TRASH IN NORTH CENTRAL AUSTIN, ALONG THE STREETS OF RUNDBERG RUTLAND, UM, IN OUR WATERWAYS, IT'S, IT'S REALLY, YOU KNOW, UNBELIEVABLE AND REALLY HARD TO MANAGE.

UM, WE HAVE MONTHLY STREET CLEANUPS, UM, WHERE WE HAVE ANYWHERE FROM FIVE TO 15 PEOPLE WHO COME AND CLEAN UP STREETS, BUT THERE'S STILL SO MUCH TRASH.

UM, AND I HAVE A CONCERN ABOUT THE REQUIREMENT OF, UM, OF WASTE CONTAINERS AND THE SIZING OF THOSE AND HOW FREQUENTLY THEY'RE PICKED UP ON THESE, ON, UM, ANY PROPERTY THAT'S 11 UNITS WITHIN A SINGLE FAMILY STREET.

YEAH.

THIS ORDINANCE WOULD NOT ADDRESS THAT, BUT ACTUALLY TRASH IS ON THE NEXT AGENDA.

SO THERE WILL BE, YOU'LL HAVE A WHOLE EVENING TO TALK ABOUT TRASH.

WE HAVE A REALLY, REALLY AMAZING STUDY THAT STAFF'S GONNA BE PRESENTING TO YOU ABOUT TRASH

[02:40:01]

.

CAN'T WAIT, WEAR YOUR, YOUR TRASH PANDA SHIRTS.

THANK YOU.

ALL RIGHT.

REMOTE COMMISSIONERS.

UH, DO YOU GUYS HAVE ANYTHING? YES, SCOTT, PLEASE.

HI.

UM, THIS IS, UH, IT'S A LOT OF, UH, WORK HERE AND, UM, I COMMEND YOU FOR, UH, FOR ALL THAT YOU'VE DONE.

I THINK IT'S, UH, IT'S A BIG PROJECT AND, AND I'M NOT SURE THAT I COMPLET.

OH, I KNOW.

I DON'T COMPLETELY UNDERSTAND THAT, BUT, UH, I MEAN, I'M IMPRESSED THAT YOU SEEM TO, SO THAT'S, UH, I'M GLAD SOMEBODY KNOWS WHAT'S GOING ON.

UH, I HAVE A, A QUESTION ABOUT, UH, ON, ON PAGE EIGHT, UM, UH, WHERE IT SAYS, UH, STAFF RECOMMENDATION AND, UH, EX EXCUSE ME, BUT I, I DON'T HAVE MY GLASSES, SO I'M TRYING TO, TRYING TO SEE THIS ON MY PHONE AND I CAN'T QUITE SEE IT, BUT, UM, I DON'T KNOW THAT I UNDERSTAND, UM, WHAT THIS, UM, WHAT THIS REALLY MEANS HERE WHEN, UH, WHEN THERE'S DISCUSSION ABOUT, UM, UH, UPDATING IN THE NEAR FUTURE TO REFLECT, UH, UPDATED, UH, GSI, WHATEVER GSI IS REQUIREMENTS IN CURRENT.

UM, UH, ANYTIME I SEE A, SEE ONE OF THESE, UH, THESE INITIALS, I, I DON'T KNOW WHAT'S GOING ON.

CAUSE IT SAY ECM, IS IT THE, THAT WE'LL BE LOOKING AT THE, UH, CRITERIA FOR GREEN STORM WATER INFRASTRUCTURE AND THE ENVIRONMENTAL CRITERIA MANUAL? IS THAT OKAY? MAYBE? YEAH.

SO THE ENVIRONMENTAL CRITERIA MANUAL IS THE MANUAL THAT GIVES MORE IN DEPTH TECHNICAL INFORMATION ON THE CODE.

SO THE CODE SAYS THE, YOU KNOW, THOU SHALL DO THIS.

AND THEN THE MANUAL SAYS, THIS IS HOW YOU DO IT.

UM, AND SO THAT HAS A LOT OF INFORMATION AND THAT IS WHERE WE DEFINE WHAT GREEN STORM WATER INFRASTRUCTURE IS.

AND I THINK IT WITH CONVERSATIONS INTERNALLY, UM, THAT LANGUAGE NEEDS TO BE UPDATED.

THERE'S CERTAIN THINGS THAT PROBABLY SHOULDN'T BE ON THERE AND THERE MAY BE ITEMS OR, UM, STORM WATER CONTROL MEASURES THAT SHOULD BE ADDED TO IT.

UM, AND SO THOSE, THOSE CONVERSATIONS WILL BE ONGOING.

OKAY.

SO THAT'S WHY YOU HAVE INNOVATIVE DESIGN AND, UH, CLIMATE RESILIENCY AND ET CETERA.

YEAH.

UH, JUST SAYING, NO, WE DON'T REALLY KNOW YET, BUT, BUT WE THINK WE WILL PROBABLY COME UP WITH SOME BETTER STUFF.

AND IS THAT KIND OF THE, THE IDEA HERE? IT'S A, YEAH.

THE IDEA IS THE, THE MANUAL IS MORE OF A LIVING DOCUMENT THAT, UM, I MEAN, THERE'S STILL A, A PUBLIC PROCESS FOR TIME.

IT CHANGES, BUT IT IT'S A SLIGHTLY DIFFERENT PROCESS.

AND SO, UM, YES, AS, AS WE, UM, HAVE MORE INFORMATION, MORE STUDIES, MORE IDEAS THAT COME FORWARD, THEN WE CAN PROPOSE THAT THROUGH A RULES CHANGE WITH THE ENVIRONMENTAL CRITERIA MANUAL.

OKAY.

WELL, I I'M, I ALSO, I GUESS I'VE READ INTO IT BECAUSE I, UH, I, I ALSO THINK THAT NOT JUST WITH, UH, UH, MAYBE, MAYBE YOU DON'T REALLY HAVE THE OPPORTUNITY TO ADDRESS MORE THAN YOU'RE ADDRESSING HERE, BUT, UM, I NOTICED THAT LATELY, UM, AS, AS WE ARE ALL READING AND, AND LOOKING AT WHAT'S, UM, WHAT'S GOING ON ELSEWHERE, WE'RE COMING UP WITH MORE IDEAS.

AND, UM, FOR EXAMPLE, THE MORE, UM, MORE OF THE ELECTRIC CHARGING STATIONS, FOR EXAMPLE, OR, OR, UM, THE IDEA OF, UM, UH, BEING ABLE TO, UM, RECYCLE, UH, CONCRETE THINGS LIKE THAT, I'D LIKE TO SEE US.

UM, I DON'T KNOW IF THIS, IF, IF I'M SPEAKING OUTTA SCHOOL OR IF THIS IS RELATED TO WHAT YOU'RE DOING HERE, BUT, UM, I GUESS I WOULD, I WOULD LIKE TO LEAVE THE DOOR OPEN FOR US TO, UM, TO BE ABLE TO, UH, KEEP ADDING MORE, UH, MORE IDEAS FOR, UH, UH, SUPERIORITY AND, AND KEEP, UH, ONGOING DIALOGUE WITH THE STAFF SO THAT, YOU KNOW, I, I, FOR ONE, DON'T REALLY LIKE COMING UP WITH THESE THINGS, UH, LAST MINUTE, I'D LIKE TO SEE US, UM, UH, HAVING CONVERSATIONS WITH STAFF ABOUT, OH, YOU KNOW, I, I JUST READ ABOUT THIS AND I THINK IT'S A GREAT IDEA AND HOW CAN WE INCORPORATE THIS? SO I'M JUST KIND OF THROWING THAT OUT FOR THE TIME BEING, UM, BUT I I'M IMPRESSED WITH, WITH HOW MUCH YOU'VE DONE HERE.

AND, UH, UH, I JUST WANNA COMMEND YOU CUZ IT'S A, IT'S A LOT OF WORK.

AND, UH, I, I KNOW THAT

[02:45:01]

THERE WAS A LOT OF PANIC INITIALLY ABOUT ALL THIS AND I, AND I THINK YOU, UH, Y'ALL ARE COMING THROUGH NICELY.

SO, UH, CONGRATULATIONS ON THAT.

UH, THANK YOU.

I DON'T HAVE ANY OTHER QUESTIONS.

THANK YOU.

COMMISSIONER THOMPSON OR BEDFORD.

DO Y'ALL HAVE ANY QUESTIONS OR COMMENTS? YES.

THOMPSON PLEASE.

UM, OKAY.

LET'S SEE.

WHERE SHALL I START? UM, I GUESS THE CRITICAL WATER QUALITY RESTRICTIONS ARE GONNA BE MOVED AROUND.

I THINK THAT'S ON, UM, PAGE 20, ONE OF YOUR PRESENTATION, IF YOU WOULD LIKE TO GO THERE.

UM, YEAH, YOU COULD BRING UP THE PRESENTATION PLEASE.

WE ARE.

SO THE CRITICAL WATER QUALITY ZONE IS STAYING WHERE IT IS, BUT WE'RE ADDING TO IT.

UM, SO CERTAIN THINGS THAT ARE KIND OF SCATTERED THROUGHOUT THE CODE BULKHEAD REQUIREMENTS, FLOOD PLAIN MODIFICATION REQUIREMENTS, LAKE FRONT DEVELOPMENT REQUIREMENTS.

UM, WE'RE TRYING TO, UH, ORGANIZE IT SUCH THAT THEY'RE ALL IN THE SAME LOCATION, SO IT'S NOT A POLICY CHANGE, BUT A CLEANUP.

AND, UM, LET'S SEE IF I CAN FIND THAT CODE.

SO IT SAYS IT'S RENAMED, THE CRITICAL WATER QUALITY RESTRICTIONS ARE RENAMED, WATERWAY AND FLOODING.

YES.

WELL, BUT THE PROBLEM WITH THAT FOR ME IS THAT, UH, CRITICAL WATER QUALITY IS IT'S DEFINED ENVIRONMENTAL CRITERIA MANUAL AND WE HAVEN'T REALLY DEFINED THESE OTHER THINGS.

AND IT JUST SEEMS LIKE THAT'S SORT OF HUGE TO ME.

WELL, YEAH, SO THE, THE CRITICAL WATER QUALITY ZONE IS DEFINED IN THE CODE IN A DIFFERENT SECTION.

SO THAT THERE'S A DIFFERENT SECTION EARLIER THAT WE'RE NOT CHANGING, THAT ESTABLISHES WHERE THE CRITICAL WATER QUALITY ZONE IS.

AND SO WHAT THIS, WHAT WE'LL BE DOING IS SAYING, OKAY, SO THIS SUBHEADING OR SUB CHAPTER NOT SUB CHAPTER DIVISION DIVISION, THANK YOU.

DIVISION, WE'LL HAVE CRITICAL WATER QUALITY ZONE REQUIREMENTS FIRST AND THEN FLOOD PLAY MODIFICATION CRITERIA AFTER THAT.

UM, AND SO IT'S JUST ORGANIZATION, UM, BUT 25 8, 2 61 WILL STILL BE CRITICAL WATER QUALITY ZONE.

SO, SO JUST TO REITERATE, IT IS THE DIVISION IS BEING CHANGED IN TITLED TO SAY WATERWAY AND FLOODPLAIN, BECAUSE IT INCLUDES BOTH CRITICAL WATER QUALITY ZONE RESTRICTIONS AND OTHER COMPONENTS.

UH, AND SO IT'S JUST TO MAKE SURE IT DOESN'T JUST SAY CRITICAL WATER QUALITY ZONE, CUZ THERE'S MORE IN THAT DIVISION THAN JUST THAT, BUT IT'S NOT CHANGING THE NAME OF CRITICAL WATER QUALITY ZONES.

OKAY.

SO IT'S INCLUDING THINGS BUT NOT CHANGING THE DEFINITION THAT WE HAVE ALL AGREED TO AND WHAT IT IS CORRECT.

AND IT'S INCORPORATING OTHER CHANGES THAT WE WOULD AGREE TO THAT IS YEAH.

IT'S JUST REORGANIZING YEAH.

INTO THAT DIVISION.

WE ARE ALSO MAKING SOME CHANGES TO HOW FLOOD PLAY MODIFICATION READS JUST TO IMPROVE CLARITY, BUT THE INTENT IS TO NOT CHANGE ANY POLICY, JUST MAKE IT CLEARER.

OKAY.

WELL I GUESS PART OF MY ISSUE IS THAT YOU GUYS ARE DOING THIS AND AT SOME POINT I'M JUST GOING TO GO THROUGH A LIST OF A COUPLE OF THESE THINGS AND UM, ON PAGE 31 IN, UM, THE SECOND SET, NOT IN YOUR PRESENTATION ON THIS ONE, BUT IN THE, ON PAGE 31, IT SAYS, UM, STRUCTURAL CONTROLS, THE D THE DIRECTOR WILL ACCEPT OR DENY ON PAGE 32 BURN SPRING ZONE, THE OPERATING PERMIT, THE DIRECTOR OF WATER.

AND THAT'S ANOTHER THING THROUGHOUT THIS THING YOU HAVE W P D AND THEN IT'S PLANNING AND DEVELOPMENT REVIEW.

SO SINCE YOU'RE TALKING ABOUT ONE IN THE SENTENCE ABOVE, I'M JUST, JUST ASSUMING SINCE YOU'VE MARKED OUT THE ONE BELOW THAT YOU'RE STILL TALKING ABOUT THE ONE ABOVE.

YEAH.

SO, BUT IT'S YEAH, GOOD QUESTION.

IF I CAN EXPLAIN HOW THAT WORKS.

UM, SO THE CODE DEFER SAYS, THE DIRECTOR SHALL DO X, Y, Z, AND THAT'S IN ALL DIFFERENT SECTIONS OF THE LAND DEVELOPMENT CODE, BUT EACH CHAPTER HAS A DEFINITION OF WHICH DIRECTOR WE'RE TALKING ABOUT PREVIOUSLY, THE LAND DEVELOPMENT CODE AS IT IS TODAY SAYS THE DIRECTOR MEANS PLANNING AND DEVELOPMENT REVIEW DEPARTMENT.

UM, UNLESS IT'S, UNLESS THERE'S A QUALIFIER FOR WATERSHED PROTECTION DIRECTOR, WE'RE ACTUALLY CHANGING THAT SO THAT THE DIRECTOR MEANS WATERSHED PROTECTION D DIRECTOR.

AND SO WHERE IT USED TO BE PLANNING AND DEVELOPMENT REVIEW DIRECTOR, IT'LL NOW BE WATERSHED PROTECTION DIRECTOR.

AND SO

[02:50:01]

SINCE THAT IS DEFINED EARLIER IN THE, IN, IN THE CHAPTER, WE DON'T HAVE TO QUALIFY IT ANYMORE.

AND SO THERE'S JUST ONE OR TWO PLACES WHERE IT WILL BE DEVELOPMENT SERVICES DEPARTMENT, BUT FOR THE REST OF IT, IT WILL BE, UH, WATERSHED.

AND, AND THERE IS AN ITEM ON 20 WHERE THAT WE JUST SPOTTED TODAY THAT STILL SAYS PLANNING AND DEVELOPMENT REVIEW DEPARTMENT THAT WILL JUST BE CHANGED TO DIRECTOR.

YEAH.

YEAH.

I WAS READING THOSE AND, AND THAT SORT OF PUT ME ON EDGE, UH, BECAUSE IT'S NOT SPELLED OUT.

AND, UM, IT SAYS SHELL A LOT.

SO I'M HOPING THAT IT MAY BE REDUNDANT, BUT IF YOU JUST PUT W P D THERE, IT WOULD MAKE, IT WOULD MAKE ME FEEL A LOT BETTER BECAUSE THEN THERE'S NO QUESTION, YOU KNOW, I MEAN, I JUST DON'T WANT PEOPLE TO BECOME CONFUSED BECAUSE SOME PLACES IT IS AND SOME PLACES IT ISN'T, AND I DEFINITELY WANT HIM TO BE, OR HER TO BE THE DECIDER IN THOSE CIRCUMSTANCES THAT I WAS REFERRING TO WITH THE BARTON SPRING, UH, THE BSD OPERATING PERMIT.

I DEFINITELY DON'T WANT THEM DECIDING THAT AT ALL AND THE CRITICAL WATER QUALITY.

AND SO ANYWAY, THROUGHOUT THERE, THAT WAS MAKING ME EDGY.

YEAH, NO UNDERSTOOD.

WE'RE ACTUALLY MAKING IT MORE CLEAR THAT IT'S WATERSHED PROTECTION SO THAT THERE'S NOT, UM, CONFUSION AMONGST WHO APPLICANTS NEED TO GO TO, THEY NEED TO GO TO ME OR KATIE IF THEY HAVE QUESTIONS, NOT, UM, DSD.

AND, AND JUST, JUST TO BE CLEAR TO PAGE SIX, UM, DEFINITIONS, WHEN YOU LOOK AT LINE SEVEN DEFINES DIRECTOR AS THE DIRECTOR OF WATERSHED PROTECTION DEPARTMENT THAT APPLIES TO ALL OF 25 DASH EIGHT AND LESS OTHERWISE SPECIFIED, RIGHT.

AND WE'RE WORKING VERY CLOSELY WITH LAW ON THIS.

AND SO WE'LL, YOU KNOW, THEY KIND OF HAVE THE, THE FINAL SAY ON THESE SORT OF CONVENTIONS.

AND IF WE HAVE REDUNDANT WORDS, THEY'LL TAKE THEM OUT.

UM, BUT I, I DEFINITELY HEAR YOUR CONCERN.

AND OUR INTENT HERE IS TO, UM, CLARIFY THAT IT'S WATERSHED PROTECTION, NOT, UH, ANOTHER DEPARTMENT.

OKAY, THANK YOU.

THAT IS ONE OF MY, UH, BIG THINGS.

AND I REALLY LIKE, YOU KNOW, FUNCTIONAL GREEN.

I LIKE ALL OF THOSE THINGS.

UM, THE ONE THING THAT DID KIND OF CONCERN ME IS THAT YOU GUYS ARE GONNA MAKE THE CHANGES AND THE ENVIRONMENTAL CRITERIA MANUAL IS COMING UP, AND THOSE CHANGES ARE GONNA BE MADE.

AND I'M JUST WONDERING IF WE'RE GONNA HAVE ANY SAY SO WITH ALL OF THAT.

AND I KNOW THAT THE, THE CODE WILL BE DECIDED BY, YOU KNOW, LEGAL OR WHOEVER, HOW IT HAS TO COMPLY, BUT I'M WONDERING IF, UM, IT SAID STAFF A LOT AND IT DIDN'T SAY US AT ALL.

AND SO I'M KIND OF, I, I DON'T KNOW.

I JUST THINK THAT'S A BIG CHANGE BECAUSE I THINK WE KIND OF HELPED WRITE THE ENVIRONMENTAL CRITERIA.

AND I LIKE TO REVIEW CHANGES IF THAT'S A POSSIBILITY.

UM, IT SAID THE WETLAND PROTECTIONS, THE DIRECTOR WILL APPROVE, UM, UH, YOU KNOW, THE COUNCIL APPROVES AND THEN STAFF MAKES NECESSARY CHANGES TO THE ENVIRONMENTAL CRITERIA MANUAL.

AND THAT KIND OF PUT ME ON EDGE.

UM, SO, AND THEN, YEAH, THE, THE, THE, THE ESTABLISHED PROCESS FOR RULES, THERE IS A VERY FORMALIZED PROCESS, UM, WHERE COMMENTS HAVE TO BE SUBMITTED THROUGH THAT SYSTEM, BUT WE CAN DEFINITELY KEEP YOU IN THE LOOP ON, ON THOSE AS THEY MOVE FORWARD.

YEAH.

I THINK A COUPLE OF THE OTHER COMMISSIONERS HAVE HAD THE SAME, UM, IDEA THAT PERHAPS WE SHOULD HAVE A LITTLE MORE, UM, AND THEN ESPECIALLY WHERE THE PART, UM, PAGE 19, WHERE IT SUPERSEDES SOS.

AND, UM, THEN ON PAGE 20, AGAIN, IT SAYS, UH, WATERSHED WILL ADOPT THE RULES AND IDENTIFY THE CRITERIA FOR THE DIRECTOR APPROVAL.

SO I KNOW THAT HE HAS TO APPROVE IT, BUT I'M JUST HOPING AT SOME POINT BEFORE STAFF, UM, I MEAN, I MEAN, IT SAYS WATERSHED PROTECTION SHALL ADOPT THE RULES.

SO WHEN YOU ADOPT THE RULES, ARE WE GOING TO BE LIKE, JUST TOLD WHAT THEY ARE? ARE WE GOING TO HAVE SOME SORT OF INPUT ON THAT? OR IS IT LEGALLY, OR ARE, WHERE ARE WE IN THE LOOP HERE? BECAUSE IT'S REALLY IFFY TO ME WHEN I'M READING ALL THESE CHANGES.

IT'S ADMINISTRATIVE VARIANCES, UM, ON PAGE, UH, 20, NO, I GUESS IT'S ON PAGE 22.

UM, THEN ON PAGE

[02:55:01]

33, THE DIRECTOR IS GOING TO GRANT A VARIANCE AND I MEAN, I'VE NEVER EVEN HEARD.

CAN THEY, CAN THE DIRECTOR GRANT A VARIANCE AT THIS POINT? OR SO THE DIRECTOR JUST, JUST TO BE CLEAR MEANS THE PEOPLE WHO WORK FOR THE DIRECTOR.

SO IT WOULD BE STAFF, UM, ACTUALLY DSD STAFF ADMINISTER MOST OF THE, UH, ADMINISTRATIVE VARIANCES.

THAT IS NOT SOMETHING THAT TECHNIC, THAT USUALLY GOES THROUGH ANY KIND OF BOARDS OR COMMISSION.

SO THAT THE IDEA IS THAT IT'S, IT'S STAFF APPROVED, NOT LAND USE COMMISSION.

SO IF IT, IF IT'S AN ADMINISTRATIVE VARIANCE, IT WOULD NOT COME TO THE LAND USE COMMISSION OR ENVIRONMENTAL COMMISSION ENVIRONMENTAL.

OKAY.

THAT WAS, THAT WAS NOT, UM, IT DIDN'T, I, I, WASN'T GETTING THAT BECAUSE SEE, WHAT I'M, WHAT I'M CONCERNED WITH IS, I DON'T KNOW IF YOU CAN FOLLOW MY THOUGHT HERE IS THAT WE DISCUSS VARIANCES A LOT AND THERE HAVE ALWAYS BEEN ADMINISTRATIVE VARIANCES.

I UNDERSTAND WHAT THOSE ARE, BUT WITH ALL OF THIS CHANGE, I'M NOT REALLY THAT CLEAR ON WHAT, UM, ADMINISTRATIVE VARIANCES WILL BE AND WHAT THE LANGUAGE WILL BE AND SO FORTH.

AND SO THAT IS, THAT IS JUST MY CONCERN.

I MEAN, I KNOW THAT WE, AND THEN THIS IS THE THING, UM, HE, THE DIRECTOR WILL HAVE WRITTEN COMMENTS.

SO IF ANYONE HAS, I MEAN, IS THAT THE PROCESS NOW WITH ADMINISTRATIVE VARI VARIANCES THAT THE DIRECTOR HAS, AND THIS IS, IT WAS ON PAGE, UM, 33, I WAS REFERRING AND IT SAID THE BARTON SPRING SUN.

SO ALL I'M ASKING IS, I MEAN, WHAT SORT OF, UM, IT, IF I WERE JUST LIKE A PERSON WHO HAD, UM, SOMEPLACE THAT THEY WANTED TO GO TO DISCUSS SOMETHING THAT WAS A CHANGE, I WOULD ADDRESS THE WRITTEN COMMENTS OF THE DIRECTOR AFTER THE FACT, OR WOULD I BE INVOLVED IN THE PROCESS BEFORE THEN? SO ADMINISTRATIVE VARIANCES, THERE ARE A CERTAIN, THE, THE CODE SPELLS OUT WHICH SPECIFIC CODE SECTIONS CAN BE ADMINISTRATIVELY VARIED.

IF IT'S NOT IN THAT LIST, THEN IT COMES TO YOU ALL FOR RECOMMENDATION TO THE LAND USE COMMISSION.

AND SO THERE ARE SOME CHANGES TO THAT SECTION.

UM, WE'RE ADDING WHAT'S IN RED.

UM, SO, UM, SO WHAT'S IN BLACK IS ALREADY THERE.

WHAT'S IN RED IS PROPOSED TO BE ADDED.

AND THEN, SO THAT WOULD BE 25, 8 42 B, OR WHAT YOU CAN GRANT AS ADMINISTRATIVE VARIANCES.

IF YOU SKIP DOWN TO D THOSE ARE THE FINDINGS THAT THEY HAVE TO MEET IN ORDER FOR STAFF TO GRANT THEM.

UM, AND SO WE'RE ADDING TO THAT.

WHAT PAGE ARE YOU ON FOR, UM, I'M LOOKING AT, AND, AND THE PAGE NUMBERS ON THE BOTTOM THAT YOU, YEAH, THE RED LINE, UM, PAGE 13 OF THE RED LINE.

PERFECT.

SO THAT'S PDF PAGE 22 FOR YOU GUYS ONLINE.

THANKS.

SORRY.

THANK YOU.

I APOLOGIZE.

YEAH, THANK YOU.

I DON'T HAVE THE PDF.

THANKS.

YEAH.

I HAD LOST THE PAGE AS WELL.

OKAY.

SO THEN, UM, AND SO JUST ONE QUICK THING, AND THEN I'LL LET YOU FINISH.

UM, I'M SORRY.

WE DO NEED TO, THERE IS A REQUIREMENT THAT WE KEEP A TRACK OF ALL OF THEM.

AND SO WHOEVER GRANTS, AN ADMINISTRATIVE VARIANCE HAS TO KEEP THAT, UM, INFORMATION AND THEY SEND IT TO KAYLA WHO MAINTAINS THE LIST OF ALL ADMINISTRATIVE VARIANCES.

SO.

OKAY.

THANK YOU.

UM, CAN YOU CAN FINISH YOUR QUESTION.

THANKS.

OKAY.

AND THEN, UM, I GUESS IT WAS, LET'S SEE, WHERE IS IT ON PAGE 31? UM, IT SAID, UM, SOMETHING ABOUT THE BARN SPRING ZONE REQUIREMENTS AND THE WATER QUALITY CONTROLS.

AND, YOU KNOW, THAT IS LIKE MY PET PEEVE, THE LITTLE FOUR INCH CUP WITH THE ROCKS INSTEAD OF THE, YOU KNOW, THINGS THAT WE'VE DONE BEFORE.

SO IT SAYS BASED ON THE ENVIRONMENTAL CRITERIA MANUAL, AND GENERALLY ACCEPTED ENGINEERING PRINCIPLES.

AND I AM JUST SAYING, I'M SAYING IT EVERY TIME THIS COMES BEFORE ME THAT I WILL NOT, I DON'T THINK THAT THAT IS IN THE BEST INTEREST OF, UM, I, I KNOW THAT THE NEXT THING IT SAYS IS DESIGNED TO MINIMIZE THE MAINTENANCE REQUIREMENTS, BUT I'D RATHER PROTECT THE WATER QUALITY.

SO THAT MAKES ME VERY UNHAPPY STILL.

UM, I KNOW THAT YOU GUYS CHANGED IT, COMMISSIONER THOMPSON I'M I,

[03:00:01]

I THINK WE'RE JUST HAVING TROUBLE FINDING WHAT SECTION YOU'RE LOOKING AT.

IF, IF WE COULD JUST VERIFY, I THINK OTHER COMMISSIONERS ARE NOT FOLLOWING EITHER.

OKAY.

IT'S ON, UM, LET'S SEE WHERE, OKAY.

ON, UM, IT'S F ON PAGE 31, PAGE 30, ONE OF 68, THE PDF, IS THAT WHAT YOU'RE TALKING ABOUT? COMMISSIONER? I THINK SO.

OKAY.

I MAY HAVE WRITTEN DOWN THE WRONG PAGE, EVIDENTLY NO, IT'S NOT ON PAGE 30.

WHERE IS IT ON PAGE 33? OH, I DON'T KNOW.

I WROTE MY NOTES AND I WAS GOING PRETTY FAST WITH IT.

SO I'M NOT SURE EXACTLY WHAT PAGE IT'S ON, BUT IT IS THE STRUCTURAL CONTROLS FOR THE BARTON CR BARTON SPRING ZONE.

AND IT'S, UH, SECTION F WHEREVER, WHATEVER PAGE IT'S AROUND 30 SOMETHING, BUT IT'S BASED ON THE ENVIRONMENTAL CRITERIA MANUAL.

AND ONCE AGAIN, I'LL JUST SAY WHAT I SAID BEFORE IS THAT THAT THAT IS GOING THROUGH CHANGES.

SO IT'S BASED ON THAT.

AND IT'S ALSO SAYS THAT THE DEVELOP, I RE ALL OF Y'ALL REMEMBER WHEN THE DEVELOPMENT, UH, PEOPLE CAME, OR MAYBE SOME OF YOU WEREN'T ON IT.

I AND TOLD US THAT THEY WERE GONNA DO A FOUR INCH CURB CUT WITH ROCKS IN THE BARTON SPRING ZONE TO PROTECT WATER QUALITY.

AND PEOPLE IN THE COMMUNITY SENT US PICTURES AFTER PICTURES, AFTER PICTURES OF WA MUD JUST STREAMING.

AND WE DIDN'T HAVE VERY MANY RAIN EVENTS, WHICH IS, YOU KNOW, LUCKY, BUT ANYWAY, I DON'T THINK IT SHOULD BE DESIGNED TO MINIMIZE THE MAINTENANCE REQUIREMENTS.

I THINK IT SHOULD BE DESIGNED TO PROTECT WATER QUALITY.

OKAY.

JUST SO YOU KNOW.

OKAY.

RIGHT.

SO THIS IS, UM, EXIST.

I THINK I FOUND WHAT YOU'RE TALKING ABOUT.

IT'S ON, UM, I'M ON MY PAGE 22 OF THE RED LINE, UM, 25, 8 TO 13, IT'S BEING RENUMBERED.

SO ALL OF THAT LANGUAGE IS EXISTING CODE AND, UM, THIS ORDINANCE IS NOT PROPOSING TO CHANGE ANYTHING, BUT I, UM, I, I HEAR YOUR CONCERN.

I KNOW.

YEAH.

I KNOW THAT.

AND I UNDERSTAND THAT.

I'M JUST TELLING YOU AGAIN, I DON'T THINK THAT IT'S REALISTIC.

OKAY.

AND THEN, UM, LET'S SEE, UH, OH, THE OPTIONAL PAYMENT FOR STRUCTURAL CONTROLS IN THE URBAN WATERSHEDS.

AND IT SAYS THAT THE DIRECTOR CAN ACCEPT OR DENY.

SO I KNOW THAT THERE'S A SET OF CRITERIA, BUT I'M JUST ALSO THINKING THAT, UM, AT SOME POINT, UH, PEOPLE WILL WANT TO HAVE SOME SAY IN SOME OF THESE PROCESSES AND ESPECIALLY INITIALLY WHEN THE CHANGES ARE HAPPENING.

SO, UH, I MEAN, I KNOW THAT IT'S A LOT OF WORK FOR YOU GUYS TO COME, AND, BUT I AM JUST WANTING YOU TO MAYBE CONSIDER LIKE THE FIRST TIME THAT IT HAPPENS, THAT THERE IS A CHANGE THAT WE ARE GOING THROUGH THAT, UH, IT WOULD, IT WOULD JUST BE EXPLAINED THAT, YOU KNOW, WHAT PEOPLE WERE USED TO IS NO LONGER GONNA HAPPEN TO ANYMORE.

AND PERHAPS YOU COULD JUST, I DON'T KNOW, MAKE A PRESENTATION AND TELL US WHAT THE CHANGES ARE AND HOW THIS IS ADDRESSING THE ISSUE IN A BETTER WAY, BECAUSE NINE TIMES OUT OF 10, IT IS.

I AGREE, BUT I JUST DON'T AGREE IN THAT ONE AREA.

UNDERSTOOD.

I'M JUST SAYING I'M VERY HAPPY WITH, YOU KNOW, FUNCTIONAL GREEN.

I'M JUST THRILLED WITH ALL OF THE CHANGES THAT WE ARE GOING TO BE ABLE TO DO.

AND I'M VERY THANKFUL THAT YOU GUYS HAVE BEEN WORKING ON IT.

SO, YOU KNOW, JUST MY 2 CENTS, I DON'T, I THINK PEOPLE WOULD REALLY APPRECIATE IT IF YOU COULD JUST HELP THEM THROUGH THIS PROCESS OF CHANGE.

YEAH.

CAUSE IT'S, I, I DEFINITELY HEAR YOU.

AND I, UM, WILL SAY, YOU KNOW, THIS IS, UH, NOT A TIMELINE THAT WE WOULD'VE PREFERRED.

AND I THINK ANY FUTURE CODE AMENDMENTS WOULD HAVE A MUCH LONGER TIMELINE AND INVOLVE Y'ALL A LOT MORE AND HAVE MORE OPPORTUNITIES TO GET Y'ALL COMFORTABLE WITH THE CHANGES.

YEAH.

RIGHT.

AND SO IT'S NOT JUST US, IT'S THE GENERAL, YOU KNOW? YEAH.

IT'S EVERYBODY.

I MEAN, WE, THE REASON YOU COME AND TELL US IS BECAUSE THEN EVERYBODY ELSE LISTENS AND THEY KNOW MORE ABOUT WHAT'S GOING ON.

SO WE'RE JUST A SOUNDING BOARD FOR WHAT'S HAPPENING.

AND I THINK THAT THAT'S REALLY IMPORTANT.

SO JUST SAYING, THANK YOU.

THANK YOU, COMMISSIONER, OR VICE CHAIR.

BEDFORD.

DO YOU HAVE ANYTHING? UM, I JUST, UH, JUST WANTED TO SAY THAT I LIKED THE FUNCTIONAL GREEN AND I, I THINK LAST TIME I HAD THE QUESTION OF LIKE,

[03:05:01]

I COULDN'T PHRASE IT.

RIGHT.

BUT, UH, KATIE KINDA HELPED ME, BUT WHEN I WAS WONDERING ABOUT LIKE THE CORRIDORS WITH, UM, UM, LIKE WITH ENDANGERED SPECIES CORRIDORS OF THAT KIND OF WAS BEING FACTORED INTO, UM, THE DECISION MAKING WITH, WHEN IT COMES TO, UM, OFFERING INCENTIVES OR ADVICE TO PEOPLE THAT AREN'T DEVELOPING AND WHAT TYPES OF GREEN SPACES TO, TO BE USED.

IT'S A GREAT QUESTION.

COMMISSIONER BEDFORD.

AND I THINK ONE OF THE PROBLEMS WITH POLICY THAT APPLIES TO A SITE SCALE IS THAT IT'S VERY DIFFICULT TO EXTRAPOLATE THAT, TO HOW IT CONNECTS TO LIKE A LANDSCAPE ECOLOGY SCALE.

UH, AND IT'S, IT'S SOMETHING THAT I DEFINITELY WANT TO WORK INTO FUTURE, UH, WAYS WE MIGHT INCENTIVIZE CERTAIN TYPES OF GREEN CONTROLS, WHETHER THROUGH FUNCTIONAL GREEN OR THROUGH OUR WATER QUALITY CONTROLS.

UH, I, I, I WANT TO MAKE SURE HABITAT AND BIODIVERSITY CONSERVATION OR OUR KEY METRIC FOR SOME OF THE GOALS THAT WE MIGHT PROPOSE IS WHY WE MIGHT INCENTIVIZE CERTAIN CONTROLS IN CERTAIN PLACES RIGHT NOW.

UH, THE WAY FUNCTIONAL GREEN IS SITUATED, IT APPLIES TO A SITE SCALE.

IT DOESN'T HA IT DOESN'T, UM, GIVE ANY GUIDANCE ABOUT IF IT IS A SITE, UH, THAT, SORRY, PAMELA, LET ME KNOW IF I'M GETTING ANY OF THIS WRONG, CAUSE I KNOW SHE'S ON CHAT, BUT RIGHT NOW IT'LL APPLY TO A SITE SCALE.

IT DOESN'T GIVE ANY DIFFERENCE IF A SITE IS LOCATED, UM, UH, ALONG SHOULD CREEK, UH, IN DOWNTOWN AUSTIN, OR IF IT'S LOCATED, UH, ON THE EAST SIDE, UH, IT'S, IT'S REALLY JUST TRIGGERED BY THE IMPERVIOUS COVER, UM, UH, MINIMUM OR, UH, SORRY.

YES.

MINIMUM.

UM, SO IT'S NOT SAYING LOOK, DIFFERENT ECOSYSTEM, MAYBE YOU'RE IN A WILDLIFE CORRIDOR, MAYBE YOU'RE YOU'RE YOU HAVE SOME GOALS THAT ARE RELATED TO ECOLOGY.

SO YOU SHOULD DO FUNCTIONAL GREEN DIFFERENTLY BECAUSE OF THOSE PLAY SPACE CONSIDERATIONS THAT SAID THE ENTIRE SYSTEM IS DESIGNED TO RESPOND TO THE LOCAL ECOLOGY AND WAS DESIGNED BY FOLKS, UH, WHO ARE CONSULTING, WHO HAVE AN ECOLOGICAL BACKGROUND, INCLUDING SOMEONE WITH A PHD, UM, IN ENVIRONMENTAL SCIENCE.

AND SO IT IS VERY MUCH TIED TO THE LOCAL ECOSYSTEMS. IT'S JUST NOT PLACED BASED, BASED IN A NUANCED WAY IN THE WAY I THINK YOU'RE ASKING.

DOES THAT MAKE SENSE? THAT MAKES SENSE.

THANK YOU, KATIE.

YOU GOT ANYTHING? MM-HMM BUT I THINK THEN THERE GOES TOO.

HI.

THANK YOU.

UM, AND THANKS FOR EVERYONE'S INPUT.

SO, UM, I, I WAS WONDERING, IS THERE AN OP ANOTHER, OR IS THERE AN OPPORTUNITY FOR, UM, ADDITIONAL PUBLIC COMMENT OR INPUT ON THIS? UM, YES.

UM, WE WERE HOPING FOR A RECOMMENDATION FROM THIS BODY THIS EVENING, BUT WE WILL BE GOING TO PLANNING COMMISSION AND ZONING AND PLANNING COMMISSION AS WELL AS CITY COUNCIL.

SO ALL OF THOSE OPPORTUNITIES WOULD ALLOW PUBLIC PARTICIPATION AND COMMENTS.

OKAY, COOL.

AND I HAVE A COUPLE MORE QUESTIONS.

IS THAT OKAY? I KNOW WE'RE LIKE, OH, IT'S NOT THAT LATE.

NO, UM, DO ANY OF THE PROVISIONS, UM, PROPOSE TO AMEND ANY OF THE SOS, UM, ORDINANCE? NO.

OKAY.

UM, THANKS.

AND THEN ALSO WHEN WE WERE TALK, I KNOW I WAS ASKING QUESTIONS ABOUT IMPERVIOUS COVER, BUT I WAS WONDERING IF, IF ANY OF THE LIKE, UM, PROVI OR PROPOSED CHANGES, UM, ALLOW AN INCREASE IN IMPERVIOUS COVER ANYWHERE.

NO, WE'RE NOT CHANGING WATERSHED IMPERVIOUS COVER LIMITS ANYWHERE.

UM, IMPERVIOUS COVERS A PRETTY BIG DEAL FOR US.

UM, THE, THE MISSING MIDDLE PROJECTS, IF THAT WERE TO BE APPROVED WOULD, UM, FALL BACK TO ZONING, IMPERVIOUS COVER, UM, RATHER IMPERVIOUS COVER LIMITS RATHER THAN WATERSHED IMPERVIOUS COVER LIMITS.

HOWEVER, OUR MULTI-FAMILY WATERSHED IMPERVIOUS COVER LIMITS ARE DEPENDING ON THE AREA OR VERY SIMILAR.

UM, WE, WELL, WE DON'T HAVE ANY IN URBAN WATERSHEDS.

AND THEN I, UM, I'M NOT GONNA BE ABLE TO REMEMBER OFF THE TOP OF MY HEAD, WHAT THEY ALL ARE DEPENDING ON THE WATERSHED REGULATION AREA.

BUT, UM, BUT SO IN CERTAIN AREAS, IF IT WERE IN A WATER SUPPLY, RURAL OR WATER SUPPLY, SUBURBAN WATERSHED, IF THERE WERE TO BE ONE OF THESE PROJECTS, IT WOULD HAVE THE ZONING IMPERVIOUS COVER, NOT THE WATERSHED AND PREVIOUS COVER LIMIT, WHICH MIGHT BE HIGHER.

UM, BUT THE IDEA IS THAT THE HOUSE WOULD GET THAT IMPERVIOUS COVER LIMIT.

ANYWAY, IF THAT MADE SENSE.

OKAY.

BUT WE'RE NOT CHANGING ANY OTHER

[03:10:01]

IMPERVIOUS COVER, SO THERE'S, IT SHOULD, IT'S INTENDING TO STAY THE SAME.

OKAY.

UM, THANK YOU.

AND THEN I DO HAVE ONE MORE QUESTION.

UM, THIS IS OKAY.

I, I, I KIND OF FEEL LIKE I SHOULD, I SHOULD KNOW THIS.

UM, BUT, UH, IS, IS THERE ANYTHING IN HERE? THAT'S OKAY.

OKAY.

SO I KNOW YOU'RE SUPPOSED TO LIKE ONLY WATER YOUR LAWN CERTAIN DAYS A WEEK AND, AND ALL THAT, BUT WHAT IS THE, UH, IS, IS ANYTHING IN HERE ADDRESSING SORT OF RESIDENTIAL, LIKE WATER USE AND, AND, UM, YEAH, THAT IS ACTUALLY IN A DIFFERENT, THAT'S A DIFFERENT CODE AND IT'S KIND OF MANAGED BY AUSTIN WATER.

SO THEY HAVE A WHOLE PROGRAM ON, UM, IRRIGATION USE AND IT, THEY HAVE THEIR, THE, A PLAN THAT TRIGGERS WHEN WATER RESTRICTIONS COME IN.

AND SO THAT'S A, THAT'S NOT IN THE LAND DEVELOPMENT CODE, IT'S IN A DIFFERENT CODE.

OKAY.

DOES CHEMICAL USE EVER GET, LIKE, I DON'T THINK WE HAVE A LOT OF ABILITY TO, UM, UNDER THE STATE LAW TO, UM, AFFECT PESTICIDE OR HERBICIDE USE THERE EXCEPT IN CERTAIN CASES.

SO LIKE IN, SO IF THERE WERE A VARIANCE OR A PUT, WE COULD REQUIRE A, UM, A IPM PLAN, AN INTEGRATED PEST MANAGEMENT PLAN THAT HA THAT SPELLS OUT THE, THE BEST MANAGEMENT PRACTICES IN THE LEAST CHEMICALLY, OR THE LEAST HARMFUL METHOD TO BE USED FIRST, BEFORE GOING ON TO THE NEXT, UM, UH, THING.

SO, SO WE DO HAVE THE IPM PLAN AVAILABLE TO US.

IT IS NOT REQUIRED ANYWHERE OUTSIDE OF THE BARTON SPRING ZONE THOUGH.

UM, IF I RECALL CORRECTLY, OKAY.

IT IS REQUIRED IN THE BARTON SPRING ZONE BECAUSE WE HAVE A NON DEGRADATION REQUIREMENT IN THAT AREA.

THANK YOU.

AND IT ALSO PART OF THE EDWARD AQUIFER, UH, RECHARGE ZONE IT'S POSSIBLE.

I, I WOULD HAVE TO LOOK THAT UP.

THOSE ARE ALL MY ADDITIONAL QUESTIONS.

THANKS.

YOU GO, I'LL GO.

YEAH.

SO, UM, FIRST OFF, LOTS OF HARD WORK REFLECTED ON ALL THIS AND, AND I CAN SEE ON YOUR FACE, YOU'RE READY TO BE DONE WITH IT, AND I UNDERSTAND.

OKAY.

UM, BUT, UM, SO I WANNA ECHO, UM, MY CONCERN, UM, DEEPLY ABOUT, UH, THAT, UM, COMMISSIONER AGAR BROUGHT UP ABOUT NOT NOTIFYING, UM, NEIGHBORS AND, AND ADJACENT LANDOWNERS.

UM, AND SO, UH, YEAH, I, I, I, I HAVE DEEP CONCERN.

I MEAN, I, I, I CAN JUST HEAR MY NEIGHBORS, YOU KNOW, UM, GOING OFF ON THAT, I CAN HEAR 'EM GOING OFF ON A COUPLE OTHER THINGS TOO.

UM, AND, AND THAT IS, UM, THAT'S CONCEPT OF THE MISSING MIDDLE.

AND I, YOU KNOW, OBVIOUSLY I TOTALLY GET IT AND I, AND, AND WE DO HAVE THAT NEED WITHIN, UM, AUSTIN, WITHIN TRAVIS COUNTY, I'LL EVEN SAY, UM, IT FEELS LIKE WE'RE BACKDOORING INTO THAT.

AND IT FEELS LIKE WE'RE SORT OF PUSHING THAT TO HAPPEN BY PUTTING IT IN HERE AND SAYING, LOOK, WE ALREADY HAVE IT.

IT'S HERE BECAUSE IT'S NOT NECESSARILY IN, YOU KNOW, UM, THE, THE DEVELOPMENT CODE AND STUFF.

SO THAT FEELS A LITTLE, I I'M UNEASY WITH THAT.

I'M UNEASY WITH THAT.

UM, IT'S ALSO SOMETHING I CAN HEAR MY NEIGHBORS YELLING AT ME ABOUT BIG TIME.

UM, YOU KNOW, I, I UNDERSTAND THAT IT'S NOT ON SF ONE AND SF TWO, BUT IT COULD EASILY GO THERE.

AND SO, UM, YOU KNOW, IN THOSE NEIGHBORHOODS THAT, UH, THEY'VE, THEY'VE, THEY'VE WORKED HARD THEIR WHOLE LIFE, UH, THEY WANNA LIVE IN A HOME THAT HAS A, A YARD AND HAS THEIR NEIGHBORS THAT ARE SIMILAR TO THOSE THINGS THAT IS THEIR PREROGATIVE, RIGHT.

IF THE NEIGHBORHOOD WANTS TO PROTECT THAT THEY SHOULD BE ABLE TO PROTECT THAT.

UM, AND SO I'LL, I'LL, YOU KNOW, I, I FEEL UNEASY ABOUT BACKDOORING INTO THIS, UM, A LITTLE BIT.

I ALSO WANNA POINT OUT ON, UM, THIS IS ON PAGE EIGHT OF THE RED LINE EDITS.

UM, AND, AND THIS IS JUST A NUANCE THAT CAUGHT ME.

UM, IF WE'RE, IF WE'RE TALKING ABOUT THE MISSING MIDDLE, SO WE'RE UP HERE ON, ON DIVISION TWO, UH, I PULL EXEMPTIONS AND, UM, AND EXCEPTIONS, AND THEN YOU COME DOWN TO C AND IT SAYS THE FOLLOWING REQUIREMENTS.

SO THE SUB CHAPTER APPLY TO THE RESIDENTIAL CONSTRUCTION OF ONE TO 11 UNITS.

SO AGAIN,

[03:15:01]

WE'RE TALKING ABOUT THE MISSING MIDDLE, AND THEN WE START TALKING ABOUT BOAT DOCKS AND I'M LIKE, OH, DO YOU KNOW, DOES THE MISSING MIDDLE, DO THEY REALLY NEED A BOAT DOCK? WHAT WHAT'S GOING ON WITH THAT? THAT SEEMS LIKE A, A STRANGE, SO, YEAH, THAT IS JUST SAYING WHAT APPLIES.

AND SO WE DON'T WANT TO INADVERTENTLY REMOVE CRITICAL WATER QUALITY ZONE BOAT, DOCK REGULATIONS FROM SINGLE FAMILY.

OKAY.

SO WE'RE SAYING THAT IF YOU, IF YOU HAVE A, A SINGLE FAMILY HOME AND YOU WANT A BOAT DOCK, AND YOU CAN HAVE A BOAT DOCK, CUZ YOU'RE ON A LAKE, YOU STILL HAVE, WE DON'T WANNA ACCIDENTALLY REMOVE THOSE REQUIREMENTS FROM A SINGLE FAMILY REQUIREMENT.

OKAY.

OKAY.

ALL RIGHT.

UM, THEN ON PAGE, FOR THOSE OF YOU WATCHING AT HOME, I'M TURNING PAGES, UM, AND IT'S AT THE VERY END HERE.

SO, UM, ON MY I'M ON PAGE 34, UM, THIS IS CHAPTER 25 DASH EIGHT SUB CHAPTER B ARTICLE TWO.

AND, UM, IT'S TALKING ABOUT, UM, UH, ON SUBMISSION OF THE APPLICANTS FOR SUBDIVISION AND SITE PLAN AND THE AREA DESCRIBED AS SUBSECTIONS AND THEN IT, IT LISTS TRAVIS AND WILLIAMSON COUNTY AS, UM, APPLICABLE, BUT IT DOESN'T LIST HAYES OR BASS DROP.

WHY NOT? WE'LL DOUBLE CHECK AND SEE IF OUR JURISDICTION GOES, IF, IF EITHER OF THOSE COUNTIES HAVE PROGRAM THAT WOULD HAVE ANYTHING TO DO WITH ENDANGERED SPECIES, WE'LL DOUBLE CHECK.

OH YEAH.

FAST DROP HAS THE ETO.

NOW GRANTED IT'S A LITTLE BIT FARTHER TO THE EAST.

WE MAY NOT OUT THAT.

YEAH, YEAH.

HAS SEVERAL, I THINK, I THINK OUR EJ GOES OUT PARTIALLY IN HAYES.

I'M NOT EXACTLY SURE, BUT YEAH, WE'LL, WE'LL DOUBLE CHECK INTO THAT.

UM, OKAY.

WE WORKED WITH OUR, UM, COLLEAGUES IN WILDLANDS TO COME UP WITH THIS RECOMMENDATION.

SO WE'LL, WE'LL CIRCLE BACK WITH THEM AND MAKE SURE IT'S OKAY.

GOT EVERYBODY.

CAUSE I'M ALSO JUST THINKING ABOUT, YOU KNOW, THERE WAS, UH, A NEW REPORT OUT AND, AND SOME THINGS ARE BEING CONSIDERED, YOU KNOW, FOR SPECIES OF CONCERN.

AND SO, AND THOSE DO EXIST IN THOSE TWO COUNTIES AS WELL.

OKAY.

UM, SO JUST KIND OF PLANNING FOR THE FUTURE THERE A LITTLE BIT.

I THINK THAT IS, OH, SO THE OTHER THING I, UM, UM, MELISSA, I THINK YOU WERE TALKING ABOUT WASTE AND TRASH.

I WANNA TALK ABOUT WASTE WATER ALSO, UM, BECAUSE IF WE ARE, UM, YOU KNOW, CREATING THIS, UH, INCREASING DENSITY WITHIN, UH, SOME OF THESE AREAS, WE'RE ALSO INCREASING WASTE WATER AND WE'RE NOT REALLY TALKING ABOUT THAT VERY MUCH.

UM, WE TALK ABOUT STORM WATER AND WE TALK ABOUT, YOU KNOW, UM, YOU KNOW, DRAINAGE FROM IMPERVIOUS COVER AND RUNOFF OF, UM, YOU KNOW, GAS AND OIL AND CHEMICALS, UH, OFF THE STREETS AND THINGS LIKE THAT.

BUT WE'RE NOT TALKING ABOUT IN THE INCREASE OF WASTEWATER.

UM, AND I, I KNOW THAT THAT'S PROBABLY A LITTLE BEYOND ENVIRONMENTAL COMMISSION, BUT IT IS, IT IS IMPORTANT.

UM, BECAUSE YOU KNOW, WE HAVE A COUPLE SYSTEMS THAT ARE AGING MM-HMM , UM, WE'RE PUTTING MORE, UM, STRAIN ON THEM THAN EVER BEFORE.

UM, AND SO, YOU KNOW, I DON'T SEE ANY OF THAT IN HERE, BUT I, I WAS THINKING ABOUT THAT ACTUALLY ON THE DRIVE OVER HERE OF, UM, YOU KNOW, THAT'S SOMETHING THAT WE REALLY PROBABLY NEED TO START ADDRESSING PRETTY QUICKLY.

YEAH.

AND, AND ONE THING I WILL SAY WITH THIS SITE PLAN, THE SMALL PROJECT SITE PLAN IS THAT IT'S AN EXISTING PROCESS THAT, UM, AUSTIN WATER UTILITY REVIEWERS WOULD BE INCLUDED.

SO IF THEY, UM, HAD CONCERNS OR NEEDED, UM, LIKE IF THE INFRASTRUCTURE WASN'T BIG ENOUGH TO, UM, HANDLE THE NUMBER OF UNITS PROPOSED THAT THEY WOULD BE ABLE TO MAKE COMMENTS ON THAT.

AND THEN THE DEVELOPER I THINK, WOULD BE REQUIRED TO UPGRADE IN ORDER TO TO, UH, HOOK INTO THEIR, THEIR LINES.

MM-HMM OKAY.

THAT'S ALL MY QUESTIONS.

THANKS.

I'M GONNA SAY A COUPLE AND THEN WE'LL COME BACK AROUND.

UM, THANK YOU, LIZ AND STAFF, ALL STAFF, UM, AND LIZ AND ALL STAFF.

UM, UH, A COUPLE QUESTIONS, JUST KIND OF PICKING UP ON SOME OF THE OTHER COMMENTS.

I, UM, WHEN WE WERE TALKING ABOUT KIND OF THE PUBLIC NOTICE FOR RULE MAKING, AND I'M GONNA TRY TO CONNECT THE DOS HERE, BUT IF WE'RE MAKING CHANGES, PROPOSING CHANGES TO ENVIRONMENTAL CRITERIA MANUAL,

[03:20:01]

THERE'S A FORMAL RULE MAKING PROCESS FOR THAT.

YES.

AND DO, DOES THIS SPOT YOU, OR CAN THIS BODY BE NOTIFIED OF THAT RULEMAKING PROCESS SO WE CAN NOTIFY YOU? IT'S NOT A REQUIREMENT AND IT'S NOT PART OF THE STANDARD PROCESS.

OKAY.

BUT WE CAN, I, I THINK, UM, ANDREW BATES CAN MAYBE OFFER A LITTLE BIT MORE CONTEXT ON THAT.

SURE.

SO THE RULES PROCESS IS ADMINISTRATIVE, BUT IT DOES INVOLVE EXTERNAL STAKEHOLDERS.

UH, AND THAT HAPPENS DURING THE, UH, THERE ARE OF AN EXTERNAL STAKEHOLDER MEETING THAT THE WATERSHED PROTECTION DEPARTMENT WILL HOST KIND OF AS WE'RE IN THE RULE DEVELOPMENT PROCESS.

AND THEN THERE'S ALSO A FORMAL STAKEHOLDER COMMENT PERIOD.

AND SO INDIVIDUALS WHO HAVE PREVIOUSLY EXPRESSED INTEREST IN BEING NOTIFIED OF AND INVOLVED IN THE, UH, CRITERIA UPDATES, UH, WILL BE EMAILED WHEN SOMETHING IS PROPOSED.

THE, ALL OF THE PROPOSED CRITERIA ARE POSTED ON THE CITY WEBSITE.

UH, SO PEOPLE WHO ARE, WHO KNOW TO LOOK FOR THEM AND ARE KIND OF PLUGGED INTO THAT PROCESS, CONFINED THEM EASILY.

UH, THEY'RE NOT WIDELY ADVERTISED FOR PEOPLE.

WHO'VE NEVER GONE LOOKING FOR THEM BEFORE, BECAUSE THEY'RE FAIRLY TECHNICAL AND GENERALLY ONLY APPEAL TO A MINORITY OF STAKEHOLDERS.

AND SO IT IS PUBLIC, BUT IT IS NOT BEEN COMMISSION BASED PREVIOUSLY.

COUNCIL DOES NOT HAVE A RULE, A ROLE IN RULES ADOPTION.

IT'S A CITY MANAGER RESPONSIBILITY AND PERHAPS AS AN ADVISORY BODY TO COUNCIL, THAT'S WHY WE DON'T SEE RULES COMING TO THE COMMISSION AS A BODY.

UH, POTENTIALLY THERE'D BE THE OPPORTUNITY FOR COMMISSIONERS TO PARTICIPATE AS INDIVIDUALS, BUT I WOULD DEFER TO, UH, KAYLA ON THE, YOUR ABILITY TO DO THAT INDIVIDUALLY VERSUS AS A COLLECTIVE.

OKAY, THANK YOU.

YEAH.

I WOULD JUST KIND OF MAYBE MAKE THE COMMENT THAT IT'D BE NICE TO HAVE JUST WHOEVER THE COMMISSIONERS ARE IN, IN THAT STAKEHOLDER LIST.

I KNOW WE HAVE THAT LIST THAT GET, GETS BLASTED OUT TO STUFF, BUT JUST WHOEVER THE SITTING COMMISSIONERS ARE TO BE ON THAT LIST.

AND IF WE CAN OR CANNOT KIND OF HAVE THAT ON THE AGENDA, BUT, BUT AT LEAST WE'RE GETTING THE NOTICE OUT TO THE COMMISSIONERS.

YEAH.

CERTAINLY OUR INTEREST IS ALWAYS TO BE AS TRANSPARENT AS POSSIBLE WITH ANY OF THESE CHANGES.

AND I THINK HISTORICALLY PRECEDENT HAS SAID THAT AS ANDREA SAID, THESE ARE CHANGES THAT COUNCIL ALSO DOESN'T HAVE PURVIEW OVER.

THEY'RE VERY TECHNICAL THAT STAFF THAT HAVE THAT TECHNICAL EXPERTISE HAVE ALWAYS BEEN A PART OF, OF DRAFTING THAT THE INTENT OF WHICH HAS ALWAYS BEEN SOMETHING THAT WE WANNA MAKE TRANSPARENT TO Y'ALL.

UM, BUT, BUT CAN CERTAINLY ADD Y'ALL TO THE, TO THE STAKEHOLDER LIST AND, AND MAKE SURE THAT Y'ALL ARE INFORMED.

GREAT.

THANK YOU.

UM, AND THEN I GUESS IT WASN'T CLEAR TO ME THE DIFFERENCE BETWEEN THE KIND OF PUBLIC NOTICE PROCESS.

UH, SO IF LIKE I CURRENTLY, WHATEVER, I'VE GOT A, A 0.4, NINE ACRE LOT, AND I WANT TO SUBDIVIDE IT AND GONNA HAVE TO GO THROUGH THE SITE PLAN PROCESS, DO ALL ADJACENT LANDOWNERS GET NOTICE OF THAT, OR WHAT IS, HOW DOES THE PUBLIC NOTICE PROCESS WORK CURRENTLY KIND OF BEFORE THIS MISSING MIDDLE, UH, AMENDMENT, AND THEN HOW WOULD IT DIFFER FROM WHAT IS BEING PROPOSED? I, IF, YOU KNOW, IT MAY STRAY OUT OF MY KNOWLEDGE AREA, BUT I CAN SAY THAT, UM, SO SMALL PROJECT SITE PLANS DON'T HAVE NOTICE SITE PLANS THAT HAVE A USE ASSOCIATED WITH THEM.

SO WHAT YOU WOULD CALL, UH, IF YOU'RE IN THE KNOW IT'S A C SITE PLAN.

SO, UM, UH, CONSOLIDATED, IT HAS THE CONSTRUCTION AND THERE'S AN ASSOCIATED USE DO HAVE NOTICES SENT TO NEIGHBORS.

AND I DON'T KNOW WHAT THAT RADIUS IS OR, UH, REGISTERED INTERESTED PARTIES.

SO THAT WOULD OFTEN BE THE NEIGHBORHOOD ASSOCIATION AND SO 500 FEET.

THANK YOU.

500 FEET.

UM, SO THAT'S WHAT THE NOTICE REQUIREMENT IS, UM, FOR REGULAR SITE PLANS.

OKAY, THANK YOU.

YEP.

AND, UM, ALSO I THINK THIS WAS BROUGHT UP IN THE ETJ.

WE DON'T HAVE NOTICE IN THE ET JS THE EXTRATERRITORIAL JURISDICTION, SO THOSE DON'T HAVE USES ASSOCIATED WITH THEM AND THERE IS NO NOTICE IN THAT PART OF TOWN.

SO IT'S ONLY THE ZONING JURISDICTION.

OKAY.

AND THEN MY LAST QUESTION, UM, THIS SHOULD BE THE EASIEST.

UM, SO WHEN WE'RE IMPLEMENTING FUNCTIONAL GREEN, HOW DO, IS THAT GONNA BE A ECM MANUAL PROCESS OR HOW DO, HOW DOES THERE WILL BE EMERGENCY RULES ASSOCIATED WITH THIS THAT WOULD, UM, GO INTO EFFECT WITH THE ORDINANCE? UM, WE'RE LOOKING TO SEE IF, IF THERE NEEDS TO MAYBE BE A COUPLE OF WEEKS DELAY IN THE EFFECTIVE DATE OF FUNCTIONAL GRAIN IN ORDER TO MAKE SURE THAT OUR RULES WITH THE EMERGENCY RULES

[03:25:01]

ADOPTION CATCHES UP WITH IT.

UM, I THINK THERE'S A 30 DAY REQUIREMENT, UM, BUT THERE WILL BE EMERGENCY RULES ADOPTED AND THEN THOSE RULES WILL THEN GO THROUGH THE FORMAL ADOPTION PROCESS WITHIN A, UM, WE, THE EMERGENCY RULES ARE ONLY GOOD FOR, I THINK 120 DAYS.

OKAY.

SO, BUT WE, THOSE ARE DRAFTED.

THEY WERE, UM, PREVIOUSLY DRAFTED WITH THE LDC REWRITE.

THANK YOU.

THAT'S ALL.

I'VE GOT.

OKAY.

A, A HERE PLEASE.

OKAY.

YES.

ON PAGE FIVE OF THE RED LINE DOCUMENT, UM, ITEM 13 THERE AT THE BOTTOM, I THINK IT DOES EFFECTIVELY RAISE THE IMPERVIOUS COVER FROM 45 TO 55.

SO HYPOTHETICALLY, SO FOR, AND THEN LISTENING TO WHAT Y'ALL HAVE ALSO SAID, HYPOTHETICALLY, YOU COULD HAVE A NEIGHBORHOOD WITH SF THREE THERE IN PREVIOUS COVER INCREASES FROM 45 TO 55 OR S SF THREE, UH, 45 OR RIGHT.

SO, AND I DON'T HAVE ALL OF THE ZONING CATEGORIES MEMORIZED.

WE ORIGINALLY HAD 45% ON HERE, BUT IT WAS POINTED OUT TO US BY MEMBERS OF THE CODES AND ORDINANCES COMMITTEE THAT THERE ARE SOME SF CATEGORIES, SF FIVE SF SIX.

I BELIEVE THAT, UM, ARE UP TO 55%.

AND SO THEIR, THEIR COMMENT WAS WHY CAN'T THEY MAKE USE OF THEIR FULL ENTITLEMENTS.

AND SO WE'RE NOT CHANGING ZONING AND OUS COVER.

WE'RE JUST SAYING THAT, WELL, THIS IS JUST SAYING THAT IF YOUR ZONING ALLOWS UP TO 55%, YOU WOULD BE ABLE TO HAVE 55%.

IF YOU'RE ZONING, DOESN'T ALLOW 55%.

IF IT'S LOWER THAN THAT, THEN ZONING WOULD APPLY.

OKAY.

I'M JUST WORRIED ABOUT THE WORDING HERE, CUZ IT COULD BE INTERPRETED THAT IT COULD GO UP TO 55.

SO IF, EVEN IF YOU'RE SF THREE, SO I'M JUST WORRIED ABOUT THE LANGUAGE THERE.

YEAH.

UM, SORRY, GO AHEAD.

OKAY.

SO THEN, THEN I WAS PLAYING ALL THE THIS THROUGH.

SO IF YOU'RE GOING THROUGH THE SMALL PROJECT PROCESS, Y'ALL WOULD NOT LOOK FOR WATER QUALITY IN PREVIOUS COVER AND SLOPE PROTECTIONS, RIGHT? THAT WOULD NOT BE PART OF THE REVIEW.

CORRECT.

SO WE HAVE MANY NEIGHBORHOODS AND WHERE I LIVE, THERE'S A MINI GREEN BELT.

SO IF ALL OF THIS RE SMALL PROJECTS HAPPENED ALONG THE LITTLE MINI GREEN BELT LOCATION, EVEN THOUGH THE CITY HAS WORKED ON THE DRAINAGE ALONG THAT MINI GREEN BELT, WE ARE, IF THIS HAPPENS, WE ARE NO LONGER LOOKING AT WATER QUALITY, IMPERVIOUS COVER OR SLOPE PROTECTIONS, THAT'S WHAT'S GOING TO HAPPEN.

AND A LOT OF PARTS.

AND I WOULD LIKE TO SEE A MAP OF WHERE WE HAVE SF THREE ZONING RIGHT NOW CUZ SF ONE, SF TWO SEEM TO BE PROTECTED, SF THREE AND ABOVE.

AND THERE'S A LOT OF SF THREE ZONING IN EAST AUSTIN, AUSTIN.

SO EAST EASTON HAS AN OVERWHELMING S OF THREE ZONING VERSUS WEST DAWSON.

AND THEN AGAIN, I'M TALKING ABOUT EQUITY BECAUSE OF THE WAY THIS IS COMING IN, IT'S GOING TO AUTOMATICALLY HAVE AN ADVERSE IMPACT AND ON THE EAST AUSTIN COMMUNITY.

SO I'M JUST PLAYING THIS THROUGH AND APPLYING IT.

IF I DID THIS RIGHT NOW, IF I WAS A DEVELOPER LOOKING, HOW CAN I, YOU KNOW, MAXIMIZE ON MY OWN HOUSE AND PROFIT.

SO THE AREAS THAT GET FLOODED THE MOST THAT ARE THE MOST VULNERABLE ARE NOT GONNA HAVE ANY WATER QUALITY IN PERVIOUS COVER OR SLOPE PROTECTION REVIEWS.

AND JUST TO, TO BE CLEAR, THE LOTS THAT WE ARE TARGETING WITH THIS WOULDN'T HAVE THOSE OR DRAINAGE REQUIREMENTS UNDER CURRENT CODE.

THIS IS ACTUALLY SAYING THAT WE WOULD REVIEW FOR MORE WITH THIS FOR DRAINAGE MISSING MIDDLE.

CORRECT, BUT NOT FOR SLOPE, NOT FOR, FOR WE DON'T FOR SINGLE FAMILY CURRENTLY.

WELL, AND WHAT I'M SAYING IS THIS, THIS IS ALSO, YOU'RE NOT DOING IT FOR, SO THIS IS STILL GONNA MAKE IT WORSE.

CUZ WHAT YOU'RE GONNA DO IS YOU'RE GONNA MAKE IT.

YOU CAN NOW HAVE PEOPLE HAVE ONE HOUSE, GO FROM ONE HOUSE TO THREE HOMES AUTOMATICALLY.

AND THEY'RE ALREADY IN AREAS WHERE, YOU KNOW, THEY DRAIN INTO A, YOU KNOW, A STREAM, A CREEK AND THERE'S BEEN SO MUCH DAMAGE TO MANY LITTLE STREAMS ALONG IN EAST AUSTIN THAT WHEN I'M WALKING AROUND THE COMMUNITY, I SEE WOW BACK THEIR BACKYARD HAS A MINI CREEK.

MM-HMM IN ALL, BUT THOSE CREEKS ARE NOW DRY BECAUSE OF DEVELOPMENT.

BUT WHEN IT DOES RAIN AND IT'S OVERWHELMING, THEN YOU, THEY THEY'RE RUNNING AGAIN.

YOU ALL.

SO WHAT I'M SAYING, THERE'S ALREADY BEEN A LOT OF DAMAGE IN EAST AUSTIN, AUSTIN BECAUSE OF NO PROTECTION.

AND THIS IS DISAPPEARS THAT IT'S GONNA MAKE IT WORSE BECAUSE IT'S COMING IN FROM A DIFFERENT ANGLE AND I'M OVER HERE HAVING MENTALLY I'M HAVING, IS THIS ABOUT AFFORDABILITY

[03:30:01]

OR IS THIS ABOUT ENVIRONMENT I'M ON THE ENVIRONMENTAL COMMISSION? I, MY PRIORITY RIGHT NOW IS GOING TO BE FOR ME.

I CAN'T SPEAK FOR THE OTHER COMMISSIONERS.

FOR ME, I'M LOOKING AT THIS FROM THE ENVIRONMENTAL PER PERSPECTIVE AND HOW IS THIS GONNA MAKE IT EQUITABLE FOR EAST AUSTIN, AUSTIN COMPARED TO, YOU KNOW, IT'S, IT'S JUST GONNA MAKE IT WORSE.

MY PERSPECTIVE UNDERSTOOD.

AND YOU KNOW, THIS IS EXACTLY THE FEEDBACK THAT WE'RE HERE TO, TO HEAR.

SO THANK YOU FOR THAT.

OKAY.

SO YES, I'M, I'M JUST PLAYING THAT THROUGH, UM, ON PAGE EIGHT, THAT BOTTOM SECTION THAT WAS ADDED, UM, DOES THAT, UH, DOESN'T APPEAR TO ADDRESS TREES, RIGHT? THE SETTING CREATED TREES ARE RIGHT.

SO THIS IS A, WE'RE NOT ACTUALLY TOUCHING THAT SUB CHAPTER.

SO NOTHING IS CHANGING IN TREES.

IT'S ONLY WATER QUALITY REGULATIONS THAT ARE BEING AFFECTED.

OKAY.

OKAY, GREAT.

THANK YOU.

ON PAGE NINE, UNDER REDEVELOPMENT EXCEPTION IN URBAN AND SUBURBAN, IT, IT ITEM ONE, GOT A SCRATCH THROUGH, BUT THEN IT GOT ADDED AND I'M TRYING TO, IT SEEMS LIKE THIS STILL APPLIES.

I'M LOOKING AT THIS.

UM, ANY DEVELOPMENT CONSTRUCTED WITHOUT A PERMIT AFTER JANUARY 1ST OF 92 WILL BE REMOVED FROM THE SITE AND THE AREA RESTORED TO PRE-DEVELOPMENT CONDITIONS.

I'M OVER HERE THINKING I THINK THIS APPLIES TO RESIDENTIAL AND COMMERCIAL AND YEAH, THIS APPLIES FOR ANYTHING THAT WAS RE REQUIRES A SITE PLAN.

SO THE REDEVELOPMENT EXCEPTION IS EXISTING IN PREVIOUS COVER THAT DOESN'T CURRENTLY MEET CURRENT STANDARDS.

AND SO IF, UM, THE REDEVELOPMENT EXCEPTION IS INTENDED TO ENCOURAGE OLD SITES THAT DON'T HAVE WATER QUALITY TO COME IN AND REDEVELOP.

AND UM, SO WHAT THIS ONE SAID WAS THE PREVIOUS LANGUAGE SAID NO UNPERMITTED DEVELOPMENT OCCURRED ON THE SITE AFTER JANUARY 1ST, 1992, BUT THERE WAS NO ABILITY FOR THAT PROJECT OR SITE TO REMEDY THE SITUATION AND STILL GET THE REDEVELOPMENT EXCEPTION.

SO THIS IS SAYING THAT, WELL, IF YOU HAD SOME AREAS THAT WERE UNDEVELOPED OR UNPERMITTED, YOU COULD RESTORE THAT AREA AND STILL COUNT THE PERMITTED, UM, DEVELOPMENT.

SO MY QUESTION IS WHEN WE'RE TALKING ABOUT PERMITTED, ARE WE TALKING ABOUT LIKE, I'M GUESSING YOU HAVE PERMITS REQUIREMENTS FOR DRIVEWAYS.

YES.

OKAY.

BUT WHAT IF SOMEBODY REMODELED THEIR GARAGE, WOULD THAT APPLY AS WELL? IF THEY DID IT WITHOUT A PERMIT.

SO THIS WOULD NOT APPLY TO RESIDENTIAL BUILDING PERMIT.

SO IT'S ONLY PROJECTS THAT REQUIRE SITE PLANS.

SO APARTMENTS, COMMERCIAL, UM, THOSE SORTS OF THINGS, BUT IF IT'S A SINGLE FAMILY HOME AND IT'S A RE THEY DON'T, THEY DON'T HAVE A REDEVELOPMENT EXCEPTION.

OKAY.

SO IT WOULD NOT APPLY TO RESIDENTIAL, RIGHT? CORRECT.

OKAY.

JUST DOUBLE CHECKING, SINGLE FAMILY RESIDENTIAL.

OKAY.

IT WOULD APPLY TO THE SITE.

WELL, IT'S GETTING TOO COMPLICATED, BUT YEAH.

SO, UH, I WOULD SAY THAT THE SITE PLAN LIGHT OR THE, UH, SMALL PROJECT SITE PLAN, MAYBE WOULDN'T BE ELIGIBLE FOR THIS NECESSARILY BECAUSE IT'S DIFFERENT.

BUT SO THIS WOULD NOT APPLY TO SF ONE THROUGH SF SIX? NO.

OKAY.

OKAY.

I ALSO NOTICED IN THIS SAME SECTION, UM, ITEM NUMBER FOUR IS CONSISTENT WITH THE NEIGHBORHOOD PLAN ADOPTED BY COUNCIL THAT WAS DELETED AND WHY, SO THE REDEVELOPMENT EXCEPTIONS.

SO WE'RE BRINGING IN LANGUAGE THAT WAS PREVIOUSLY PROPOSED FROM THE LDC REWRITE.

UM, SO WE, THE, THE IDEA FOR THE CHANGES WITH THE REDEVELOPMENT EXCEPTIONS WERE TO REALLY FOCUS ON, UM, WATER QUALITY AND ENVIRONMENTAL ASPECTS OF THAT REDEVELOPMENT EXCEPTION.

AND SO CERTAIN THINGS WE, UM, THOUGHT WERE LESS RELEVANT.

UM, THE, THE CONSISTENT WITH THE NEIGHBORHOOD PLAN, I IDEA, I MEAN, THERE'S ALREADY A WAY TO VERIFY THAT.

UM, AND WE'VE HONESTLY FOUND IT VERY, VERY FEW TIMES WHERE THIS WAS EVER PROHIBITIVE OF A PROJECT.

SO THE IDEA IS THAT WE WOULD REMOVE IT BECAUSE IT WASN'T DIRECTLY APPLICABLE TO ONE.

CAUSE I KNOW THE CONTACT TEAM THAT I'M ON, WE HAVE INCLUDED IN OUR PLAN PROTECTIONS FOR CRITICAL ENVIRONMENTAL FEATURES AND SO FORTH.

AND WE'RE LIKE, OKAY, WE'VE ALREADY IDENTIFIED THIS.

ARE THEY GONNA DISREGARD? BUT WE'VE ALREADY IDENTIFIED NEEDS TO BE PROTECTED.

CUZ THERE ARE SOME PLANS THAT PROBABLY ARE ADDRESSING THOSE.

I KNOW OURS IS.

SO ARE WE GONNA NOW SAYING, NEVERMIND, YOU KNOW, WE'LL, WE'LL THINK WE'LL PROCESS THIS FOR YOU.

YOU KNOW, I JUST, I'M WORRIED THAT THERE'S SOME OF US THAT WE'RE THINKING ABOUT ENVIRONMENTAL ISSUES WHEN WE WORKED ON OUR NEIGHBORHOOD

[03:35:01]

PLANS AND IT'S ALMOST LIKE, WOW, IT'S AGAIN.

AND IT'S KIND OF LIKE, I DON'T KNOW, IT'S DISREGARD NEIGHBORHOOD PLANS AND THERE ARE SOME THAT ARE VERY ACTUALLY VERY GOOD.

SO I JUST I'M I WORRIED ABOUT WHY ARE YOU DISREGARDING THOSE AND ON, SO, UM, LET'S SEE NEXT THERE ON PAGE 14 AND IT'S UH, GOING TO BE C D THREE A THAT LOOKS LIKE MAYBE IT'S AN INCOMPLETE SENTENCE.

I'M NOT SURE.

YES.

THAT IS A TYPO THAT WE HAVE FOUND.

SO IT WILL BE CORRECTED IN THE ORDINANCE.

IT'S SUPPOSED TO BE AS APPROVED AS DETERMINED BY THE DIRECTOR.

OKAY.

THANK YOU.

YEAH.

SO, UH, I WAS WONDERING IF Y'ALL COULD EXPLAIN TO ME THE DIFFERENCE BETWEEN 400 AND 200 FEET.

I BELIEVE ON PAGE 18, SECTION B TALKS ABOUT 200 AND THEN ON PAGE SIX AND SEVEN, IT MAKES REFERENCE TO 400 AND THESE ARE BOTH, UM, MEASUREMENTS UNDER THE ORDINARY HIGH WATER MARK.

YES.

SO ONCE THEY, YEAH, ONCE SAYS 401 SAYS 200, RIGHT? SORRY.

SO THE CURRENTLY THE CRITICAL WATER QUALITY ZONE OF THE COLORADO RIVER, AND THIS IS A SECTION OF THE CODE THAT I'M ACTUALLY VERY EXCITED.

UM, AND I HOPE IT GOES FORWARD, UM, BECAUSE THE COLORADO RIVER IS SUCH A JEWEL AND I REALLY WANNA SEE YOU PROTECTED.

UH, THE, THE CURRENT CRITICAL WATER QUALITY ZONE IS TIED TO THE FLOOD PLAIN WITH A MINIMUM OF 200 FEET IN A MAXIMUM OF 400 FEET.

UM, AND SO IN MANY CASES THE CRITICAL WATER QUALITY ZONE IS NOT PROTECTIVE ENOUGH.

IT STOPS AT 200 FEET BECAUSE THE FLOOD PLAIN OFTEN DOES NOT EXTEND PAST 200 FEET.

SO THIS WOULD SAY THE CRITICAL WATER QUALITY ZONE WOULD BE ESTABLISHED 400 FEET, WHICH IS THE SAME CRITICAL WATER QUALITY ZONE AS BARTON CREEK.

UM, JUST FOR AS A POINT OF REFERENCE, UM, THE, THE SECTION WHERE IT'S TALKING ABOUT, UM, 200 FEET, UM, THAT, SO THERE'S CERTAIN THINGS THAT ARE ALLOWED, UH, SO BUFFER AVERAGING.

SO I THINK THAT WHAT YOU WERE LOOKING AT WAS CAN WE DO BUFFER AVERAGING? UM, AND SO CURRENT CODE WOULD ALLOW IT TO, SO THAT, THAT BASICALLY SAYS YOU, IF YOU HAVE A SITE AND YOU HAVE CRITICAL WATER QUALITY ZONE, YOU CAN KIND OF BUMP IT IN SOME AREAS AND ADD MORE IN OTHER AREAS IF WE AGREE, UM, DEPENDING ON THE SITUATION.

SO THIS WOULD ALLOW SOME BUFFER AVERAGING CURRENT CODE ALLOWS IT TO, UH, A HUNDRED FEET.

THIS WOULD BE DOUBLING THAT TO 200 FEET.

SO THAT'S WHAT THAT MEANS.

THERE'S ALSO SOME ALLOWANCES IN THE CRITICAL WATER QUALITY ZONE THAT, UM, BASICALLY SAY YOU CAN DO CERTAIN THINGS IN THE OUTER HALF.

SO IN THE OUTER HALF OF THE CRITICAL WATER QUALITY ZONE.

SO WE WOULD BE SAYING THE CRITI, THE OUTER HALF OF THE CRITICAL WATER QUALITY ZONE FOR THE COLORADO RIVER IS NO LONGER 100 FEET, BUT IT'S 200 FEET.

OKAY.

THANK YOU.

YEAH.

ALL RIGHT.

ANYBODY ELSE? SCOTT QUESTIONS OR COMMENTS BEFORE BEFORE YOU GO, ER, UM, LET'S, I'M GONNA GO AHEAD AND MAKE A MOTION THAT WE CONTINUE TO 10 15, UM, IF NECESSARY, UH, SINCE WE'RE CLOSING IN ON 10 O'CLOCK, IS THERE ANYONE WHO WANTS TO SECOND THAT OR ALL RIGHT, I CAN BRO OR BEAT YOU TO IT.

SORRY.

NO WORRIES.

UM, ALL THOSE IN FAVOR, RAISE YOUR HAND.

SO I SEE EVERYONE EXCEPT FOR, I DON'T SEE SCOTT ON THE, ON THE SCREEN.

SHE MAY HAVE, I CAN'T DO THAT.

I I'M LOSING MY, UH, I'M LOSING MY VENUE FOR, UH, ATTENDING THE MEETING AT, UH, THE CLOSES AT 10.

UM, OKAY.

ALL RIGHT.

I, UH, WE'LL, WE'LL TRY TO, UH, WE'LL TRY TO KEEP CRANKING.

UM, BUT SO THE MOTION PASSES.

UM, I, I, I, UM, IF I COULD JUST SAY, UH, I, I HAVE SOME CONCERNS, UH, THIS IS A, THERE'S SOME THINGS THAT PEOPLE HAVE BROUGHT UP THAT, THAT I HAVE CONCERNS ABOUT.

AND, AND, UM, I DON'T KNOW WHAT OPTIONS WE MIGHT REAL QUICK COMMISSIONER SCOTT.

I APOLOGIZE.

I'D ALREADY, UH, GIVEN PRIMER THE FLOOR, BUT YOU CAN HAVE IT RIGHT AFTER HE'S DONE.

OKAY.

YEAH.

THANK YOU.

I JUST HAVE TWO REAL

[03:40:01]

SHORT THINGS.

ONE HAD TO DO WITH THE INTEGRATED PEST MANAGEMENT.

I KNOW THIS IS SLIGHTLY OFF TOPIC, BUT IF I UNDERSTOOD WHAT YOU SAID CORRECTLY, THOSE ARE, THAT CAN ONLY BE DONE IN A POD.

IS THAT CORRECT? WELL, I JUST WANTED TO, UH, THERE, THE QUESTION WAS ABOUT CHEMICAL PRO YOU KNOW, REGULATING CHEMICAL USE ON SITE, AND WE DON'T HAVE A LOT OF TOOLS IN ORDER TO DO THAT, BUT, UM, I, I JUST WANTED TO SAY THAT THERE IS THE INTEGRATED PEST MANAGEMENT PLAN THAT CAN BE, UM, BROUGHT IN JUST A, JUST TO LET YOU KNOW THAT THAT EXISTS AND IT CAN BE, I THINK PODS ARE REQUIRED TO HAVE IT, BUT WE COULD ALSO, YOU KNOW, IT'S, IT COULD BE A CONDITION OF A VARIANCE OR, OR WHATEVER, BUT THERE'S NOT AN OPTION REALLY FOR WHOLESALE IPM REQUIREMENTS IN THE LAND DEVELOPMENT CODE, UM, EVERYWHERE BECAUSE OF STATE LAW.

OKAY.

BUT IT COULD BE IMPLEMENTED SOMEWHERE ELSE, CONDITIONS OF VARIANCES OR SPECIAL THINGS THAT THAT'S ALL I WANT TO KNOW.

OKAY.

AND THEN THE ONLY OTHER THING I WANTED TO SAY IS THAT I, THE POINT OF SOME OF THE COMMENTS I MADE EARLIER WITH REGARD TO NOTIFICATION ON SOME OF THESE PUBLICATIONS KIND OF ECHO WHAT, UH, COMMISSIONER THOMPSON HAD SAID ABOUT, UH, AND SOME OTHER COMMISSIONER MENTIONED ABOUT, YOU KNOW, THE PARTICIPATION OF THE ENVIRONMENTAL COMMISSION AS PART OF THE ONGOING PROCESS OF VIEWING THINGS AND HOW A LOT OF THINGS ARE BEING HANDLED ADMINISTRATIVELY.

AND I THINK THAT RIGHTLY OR WRONGLY, I UNDERSTAND THE NEED TO HANDLE THINGS ADMINISTRATIVELY TO EXPEDITE THE APPROVAL OF STUFF SO THAT IT DOESN'T GET TIED UP FOREVER IN THE APPROVAL PROCESS.

BUT I ALSO AM CONCERNED THAT THERE'S TOO MANY THINGS BEING, UH, APPROVED ADMINISTRATIVELY AND DON'T GET PROPER PUBLIC REVIEW.

ONE THING THAT I SAW COME ACROSS MY THING, I HAPPEN TO BE ON A DISTRIBUTION LIST FOR THE CITY.

AND THE REASON I KNOW IT'S 500 FEET IS THAT I'M ON A INTERESTED PARTIES LIST FOR JUST ABOUT ANYTHING IN NORTHWEST AUSTIN.

SO I GET AN UNBELIEVABLE AMOUNT OF MAIL FROM THE CITY ABOUT THIS.

AND ONE OF THEM WAS TITLED TREE CLEARING IN, YOU KNOW, CONCORDIA UNIVERSITY.

NOW THE TERM COMMISSIONER SCOTT, IF YOU DON'T MIND, PLEASE MUTE YOURSELF WHEN, OKAY, YOU'RE GOOD LOOKING ANYWAY, UH, THE TERM TREE CLEARING KIND OF CAUGHT MY EYE AND IT WAS LISTED AS A ADMINISTRATIVE PROCESS.

IT'S LIKE REALLY TREE CLEARING.

YOU KNOW, THEY ACTUALLY SHOULD HAVE SAID TREE TRIMMING TO MAKE IT LESS ALARMING, BUT NEVERTHELESS, YOU KNOW, SOME OF THIS STUFF KIND OF BORDERS ON STUFF WE SHOULD REALLY BE INVOLVED WITH.

AND I CONTACTED THE PERSON LISTED IN THE THING TO REQUESTING HER TO EXPLAIN WHAT THE TERM TREE CLEARING REALLY MEANT.

SO ANYWAY, MY POINT IS THAT I TOO AM CONCERNED ABOUT THE LACK OF PARTICIPATION BY THE ENVIRONMENTAL COMMISSION IN CERTAIN THINGS AND THE AMOUNT OF STUFF THAT IS ADMINISTRATIVELY MANAGED, BUT THAT'S, THAT'S IT.

AND I'LL LET YOU COMMISSIONER SCOTT, YOU YOU'VE GOT THREE MINUTES APPARENTLY UNTIL YOUR INTERNET DIES.

COMMISSIONER SCOTT, DO YOU HAVE ANY COMMENTS? ALL RIGHT.

WE'RE GOING TO YOU, SHARON.

OKAY.

I JUST WANTED TO FOLLOW UP ON COMMISSIONER BRISTOLS AND COMMISSIONER GARY'S CONCERNS WITH JUST ADDITIONAL AND PERVIOUS COVER IN REDEVELOPMENT.

UM, I JUST FEEL LIKE I, I'M GETTING VERY SPECIFIC WITH THIS EXAMPLE, BUT IN MY FIRST HOME, UM, THAT WE STILL MANAGE THE PROPERTY FOR IT IS ON, UM, PEYTON G AND BACKS UP AND BACKS UP TO, UM, LITTLE WALNUT CREEK.

AND I KNOW IN THIS NEIGHBORHOOD, ALL OF THE, THE PLUMBING IS DETERIORATING.

I'VE HAD TO REPLACE THE PLUMBING, UM, TO THE HOME.

AND THERE'S BEEN A LOT OF LIKE BACKFILL INTO THE HOME.

THAT'S KIND OF WHY I HAD TO REPLACE IT.

AND WHEN WE DID THAT, WE LEARNED THAT THE CITY LINE WAS NOT UP TO CODE.

SO JUST, YOU KNOW, A LOT OF CONCERNS ABOUT HOW IT IT'S GONNA AFFECT THE NEIGHBORHOOD.

OKAY.

THANK YOU.

THANK YOU.

[03:45:02]

SO, UM, I, I, I FEEL LIKE WE'RE ALL A, A LITTLE UNEASY, UM, WITH SOME OF THIS, BUT, UH, MAYBE YOU CAN GIVE US A, A GOOD IDEA OF, UM, YOU KNOW, HOW, HOW MUCH ARE WE TALKING, YOU KNOW, AS FAR AS THIS TYPE OF INFILL, UH, WITH, UM, IN THIS, IN THIS MISSING MIDDLE SCENARIO KIND, TALK TO US A LITTLE BIT ABOUT THAT.

CAN YOU JUST GIVE US ONE MINUTE TO CONFER? SO WHAT I'M LOOKING AT IS AN ANALYSIS THAT WE DID OF LOTS THAT ARE CURRENTLY ZONED SF FIVE SF SIX MF ONE, AND MF TWO.

AND WE COMBINED TWO DATA SETS THAT HAD, UH, TCAD PARCELS AND ZONING.

AND UNFORTUNATELY COMBINING THOSE TWO IS AN IMPERFECT PROCESS, BUT I WAS LOOKING AT THE TOTAL NUMBER OF LOTS WITH THOSE ZONES, TRYING TO GET A SENSE OF ONE WAY TO LOOK AT THE SCALE OF WHAT COULD TODAY DEVELOP, UH, WITH, YOU KNOW, A SMALL MULTIFAMILY DEVELOPMENT BASED ON THOSE ZONING ENTITLEMENT.

AND SO, FOR EXAMPLE, IN THE S F FIVE AND S F SIX ZONED LOTS, UH, FOR S F FIVE, WE'RE SEEING MAYBE ABOUT 180 LOTS IN THE CITY.

IF THE, IF THERE ARE ANALYSIS IS ACCURATE IN TERMS OF WHAT WE'RE.

YEAH.

AND THEN, AND THEN, UM, 81% OF THOSE, OR APPROXIMATELY 80% OF THOSE WOULD BE UNDER HALF AN ACRE.

AND SO THEN YOU TAKE THAT.

I MEAN, THAT'S A VERY SMALL NUMBER OF SF OF, OF SF FIVE LOTS.

AND THEN IN THAT YOU'D HAVE TO THINK ABOUT WHAT IS GOING TO DEVELOP SOON, WHAT MEETS THE OTHER QUALIFICATIONS TO USE THE, UH, THE REDUCED REGULATIONS AND THE, UH, UH, SMALL PROJECT SITE PLAN PROCESS.

AND ONE OF THE MOST IMPORTANT THINGS TO CONSIDER IS THAT IT NEEDS TO HAVE BEEN PLOTTED AS ESSENTIALLY A SINGLE FAMILY, RESIDENTIAL LOT, PART OF A SINGLE FAMILY, RESIDENTIAL SUBDIVISION.

SO THAT FURTHER LIMITS THE NUMBER OF LOTS THAT MAY HAPPEN TO HAVE THESE ZONES TODAY, TO, YOU KNOW, WHERE THEY ORIGINATED, HOW WERE THEY ORIGINALLY PLATTED, UH, BUT THEN ENDING UP GETTING THIS, YOU KNOW, S F FIVE, SO THAT THAT'S THE SMALLEST, YOU KNOW, THE MF ONE, IT'S A SIMILAR NUMBER OF LOTS, PRETTY SMALL, UH, SF SIX, THERE ARE MORE, YOU KNOW, CLOSER TO, YOU KNOW, 2,500, 3000 LOTS THAT ARE S F SIX.

YOU KNOW, MAYBE AGAIN, 80% OF THOSE ARE ALSO IN THAT SIZE LIMIT.

BUT THEN AGAIN, YOU'D HAVE TO LOOK AT THE, UH, THE ONES THAT ARE AS OUR RESIDENTIAL LOT.

AND SO THAT DOESN'T GIVE YOU, THAT'S AN KIND OF IMPERFECT DATA POINT BECAUSE I DON'T HAVE THE UNIVERSE OF LOTS IN AUSTIN TO PUT THAT INTO CONTEXT, THE UNIVERSE OF, YOU KNOW, SF ONE, TWO OR THREE LOTS TO, TO COMPARE IT TO, YOU KNOW, I THINK IT IS RELATIVELY SMALL IF YOU'RE THINKING ABOUT NEIGHBORHOODS, IF YOU'RE THINKING ABOUT SINGLE FAMILY, THE LOTS WITH THESE ZONES THAT WOULD BETTER ACCOMMODATE THE ADDITIONAL UNITS TODAY, YOU KNOW, THAT'S A SMALL PERCENTAGE OF THAT.

SO THAT'S WHY IT TOOK US A FEW MINUTES TO DECIDE IF WHAT I HAPPEN TO HAVE IS A RELEVANT DATA POINT FOR, FOR YOU TO GET A SENSE OF THE SCALE.

UM, SO YOU'RE SAYING, UM, WITH ADDING THOSE TOGETHER WITH, UM, THE S F FIVE SIX, AND THEN, UH, THE OTHER ONE THAT YOU MENTIONED, THAT'S ABOUT 3000 LOTS.

IS THAT KIND OF ROUGHLY ABOUT WHAT YOU'RE THINKING THERE? MM-HMM SO S F FIVE AND S F SIX TOGETHER.

YEAH.

IT'S ABOUT 3000 LOTS.

OH, MF ONE, YOU KNOW, YOU GET ANOTHER 200, SO A LITTLE OVER 3000 MF TWO IS A SLIGHTLY HIGHER INTENSITY, UH, MULTI-FAMILY ZONE.

YOU MIGHT BE LESS LIKELY TO SEE IT, UH, APPLIED TO AN AREA WITH THAT WAS PLANTED ORIGINALLY AS A SINGLE FAMILY LOT.

THAT'S A KIND OF MY INTUITION, UH, BUT I DO KNOW THAT THE IMPERVIOUS COVER LIMIT FOR MF TWO IS HIGHER THAN 55%.

IT'S 60%.

AND SO MAYBE IT WOULD BE LESS LIKELY, UH, TO SEE THAT THOSE LOTS THAT HAVE A HIGHER IMPERVIOUS COVER ENTITLEMENT

[03:50:01]

GOING THROUGH THIS PROCESS THAT WOULD, THAT WOULD LIMIT THEM BELOW THEIR ZONING ENTITLEMENT.

SO, YEAH, MAYBE ABOUT, MAYBE ABOUT 3000, YOU KNOW, OR JUST OVER, UH, LOTS, YOU KNOW, TO THE BEST OF OUR ABILITY WITH, YOU KNOW, WHEN WE WERE DOING THIS ANALYSIS.

SO POTENTIALLY 30,000 UNITS.

IF, IF THEY, IF YOU COULD GO UP TO 10 AND I'M JUST SAYING, YOU KNOW, 11, YOU CAN GO UP TO 11, I'M JUST DOING KEEP TAKING 10.

I'M JUST SAYING 30,000.

YEAH.

I WOULD SAY THAT NOT ALL OF THOSE LOTS WOULD BE ABLE TO ACHIEVE THE FULL ENTITLEMENT OF 11 UNITS.

YEAH.

BECAUSE HALF AN ACRES IS REALLY PRETTY SMALL.

YEAH.

FOR, FOR THAT NUMBER OF UNITS, MM-HMM, NOW 11 UNIT CAP, YOU KNOW, IT, IT WAS, IS CALIBRATED FOR THE, TO THE COUNCIL RESOLUTION.

IT WAS THE NUMBER THAT WAS IN THE LDC REVISION, BUT IT IS PROBABLY A LOT MORE THAN WOULD BE ACCOMMODATED ON LOTS, THIS SMALL MM-HMM, , IT'S SIGNIFICANT NUMBER EITHER WAY YOU LOOK AT IT.

YEP.

YEAH KNOW, UM, I HAVE A QUESTION, MAYBE THIS IS DUMB, BUT LET'S SAY YOU'VE GOT LIKE A ONE AND A HALF ACRE PROPERTY.

RIGHT.

THAT'S LIKE, YOU KNOW, ZONED S F FIVE AND S F SIX.

SO IT'S LIKE, OKAY, YOU CAN ONLY DEVELOP LIKE UP TO 11 UNITS ON THERE.

RIGHT.

BUT WHAT WOULD STOP SOMEBODY FROM LIKE, SUBDIVIDING THAT INTO SMALLER LOTS AND THEN DOING 11 UNITS ON EACH OF THOSE, IS THERE ANYTHING THAT WOULD PROHIBIT YOU FROM DOING THAT OTHER THAN LIKE OBVIOUSLY SIZE CONSTRAINTS? YEAH.

YEAH.

SO IT, IT WOULD HAVE TO BE PLATTED AS A SINGLE FAMILY RESIDENTIAL LOT FIRST, SO IT'S NOT, UM, IT, IT, THIS WOULD NOT, IT'S INTENDED TO APPLY TO EXISTING SINGLE FAMILY, LOTS, NOT FUTURE SUBDIVISIONS FOR RESIDENTIAL PROPERTIES.

AND, AND JUST ONE MORE COMMENT ON COMMISSIONER BRISTOL'S, UM, OBVIOUSLY THIS IS NOT MY EXPERTISE, BUT JUST PULLING UP OUR AUSTIN STRATEGIC HOUSING BLUEPRINT NUMBERS.

SO OUR GOALS FOR THE CITY ABOUT THE HOUSING UNITS THAT WE WANNA HAVE FOR EACH COUNCIL DISTRICT MOVING FORWARD, UM, WE'RE LOOKING AT, AND THESE ARE JUST INCOME RESTRICTED UNITS.

SO WE'RE LOOKING AT A GOAL FOR THE CITY AS A WHOLE TO GET 60,000 MORE HOUSING UNITS OF, UH, HOUSEHOLDS AT 80% MEDIAN FAMILY INCOME, ANOTHER 75,000 UNITS FOR HOUSEHOLDS EARNING GREATER THAN 80% MFI.

SO WE'RE HYPOTHETICALLY, THIS COULD TAKE A CHUNK OF THAT, BUT THAT IS IN THE IDEAL SCENARIO OF THIS WORKING IN MOST OF THOSE SCENARIOS, AS, AS THEY'VE SAID.

UM, BUT THAT'S NOT EVEN CLOSE TO WHAT, WHAT OUR GOALS ARE IN TERMS OF ADDING MORE AFFORDABLE UNITS AS A CITY IS, EXCUSE ME, IS THERE ANY, UM, GEOGRAPHICAL DISBURSEMENT OF WHERE THOSE THOUGHTS ARE THROUGHOUT THE CITY? WE DON'T HAVE A MAP.

UM, ALL OF THAT INFORMATION IS AVAILABLE ON OUR PROPERTY PROFILE AND WE, WE COULD DO A JS GIS ANALYSIS TO, TO DO THAT.

BUT THE TIMELINE FOR THIS DIDN'T REALLY ALLOW MUCH ANALYSIS.

UNFORTUNATELY.

YEAH, I'VE BEEN, THIS IS, THIS IS BERG.

I'VE BEEN LOOKING AT THE PROPERTY PROFILE VIEWER AND MAYBE KAYLA, JUST NOT, NOT PERTINENT DIRECTLY TO THIS CONVERSATION, BUT MAYBE AFTER THIS, IF YOU WOULDN'T MIND JUST EMAILING OUT THE LINK TO THIS, AND I WOULD ENCOURAGE EVERYONE TO GET ON THERE AND LOOK, CUZ IT'S GOT VARIOUS ENVIRONMENTAL LAYERS THAT YOU CAN TURN ON AND OFF, IT'S GOT ZONING, YOU CAN TURN ON AND OFF.

AND, AND IF I, I THINK THIS IS A GOOD TOOL FOR ALL OF US TO BE USING.

AND IF ON A FU FUTURE MEETING, IT MAKES SENSE TO DO A LITTLE BRIEFING ON KIND OF HOW TO NAVIGATE IT.

UM, THAT MIGHT BE WORTH IT.

BUT, BUT THIS HAS GOT A LOT OF GOOD CURRENT DATA THAT, THAT YOU CAN LOOK AT FOR, FOR A LOT OF THESE THINGS THAT, THAT WE'VE BEEN TALKING ABOUT.

YEAH.

CREEK BUFFER, CE EAT CRITICAL ENVIRONMENTAL FEATURES, FLOOD PLAIN.

IT'S ALL, IT'S ALL THERE.

YEP.

ALL RIGHT.

IT'S IT'S 10 0 7.

UM, DO WE HAVE ANY MORE QUESTIONS FOR STAFF? I, IF ANYTHING, JUST PROBABLY A COMMENT.

UM, PLEASE, THIS, THIS INFORMATION DOES NOT ADDRESS SOME THINGS THAT WERE, I THINK WERE PROBABLY LEFT OUT LIKE SAMPLING DOWNSTREAM FROM INDUSTRIAL SITES.

YEAH.

COMMISSIONER, RIGHT ABOUT, OH YEAH.

IS IT ON NOT ON, OH, IT'S ON, OH, MAYBE I WASN'T SPEAKING.

SORRY.

OKAY.

UM, SO SOME THINGS THAT MAY, UM, ARE NOT ADDED HERE THAT WERE LEFT OUT SAMPLING DOWNSTREAM FROM INDUSTRIAL SITES SYSTEMS AND THE WATER QUALITY DRAW DOWN PERIOD AND USING GREENFIELD SET CONDITIONS FOR DRAINAGE CALCULATIONS.

AND OF COURSE, WHAT GREEN BRINGING UP ABOUT IS THE EQUITY THROUGHOUT THE CITY.

SO COMPARING AGAIN EAST VERSUS WEST, AND JUST

[03:55:01]

REALLY CONCERNED ABOUT THE TRUE IMPACT THAT THIS IS GONNA HAVE ON THE EAST SIDE.

AND IT'LL BE NEGATIVE.

OH, IN ONE OF THESE, IT TALKS ABOUT ADVERSE IMPACT.

UM, IT DOESN'T INCLUDE THE WORD DOWNSTREAM.

IT JUST TALKS ABOUT ADVERSE IMPACT.

SO I THINK FROM LA, BUT MITIGATION TASK FORCE PERSPECTIVE, OUR CONCERN WAS ALWAYS WHAT IS THE ADVERSE IMPACT DOWNSTREAM OR DOWNHILL, CUZ MAYBE IT'S NOT LOCATED.

IT'S MORE LOCALIZED FLOODING VERSUS STREAM, UH, CREEK FLOODING.

BUT I KNOW HERE DOESN'T SPECIFICALLY SAY ADVERSE IMPACT DOWNSTREAM MM-HMM SO, OKAY.

AND, AND JUST TO SPEAK TO A COUPLE OF THOSE, THE MONITORING PIECE IS NOT A CODE CHANGE.

AND SO OUR STAFF IN OUR ENVIRONMENTAL MONITORING COMPLIANCE DIVISION WILL BE PROVIDING A MEMO TO MAYOR AND COUNCIL OUTLINING WHAT THAT MONITORING PROTOCOL IS PROPOSED TO BE, UH, KIND OF A PLAN TO PLAN.

UH, SO, SO NOT, NOT A CODE AMENDMENT.

THEY, THEY ASKED FOR US TO COME BACK STRAIGHT TO COUNCIL ON THAT ITEM.

UM, THE SISTER DRAWDOWN TIME IS SOMETHING THAT WE WORKED WITH AUSTIN WATER ON AND IDENTIFIED THAT THAT DID NOT NECESSITATE A CODE CHANGE BECAUSE ADDITIONAL, UH, VOLUME IN A SYSTEM DOES NOT HAVE A DRAW DOWN TIME REQUIREMENT, BUT WE HAVE ALREADY INITIATED CONVERSATIONS WITH AUSTIN WATER ABOUT HOW WE CAN REVISE OUR CRITERIA MANUAL TO ALLOW FOR MORE DUAL CREDITING, TO ALLOW FOR, UM, WATER CONSERVATION INCENTIVES AND IRRIGATION USE TO NOT BE SO IN CONFLICT WITH OUR, OUR, UM, CAPTURE REQUIREMENTS AND DRAW DOWN REQUIREMENTS.

AND SO WE ARE ACTIVELY WORKING ON, ON THAT IN THE CRITER MANUAL, JUST NO, NO ASSOCIATED CODE CHANGE.

AND THAT IS SPOKEN TO IN THE, IN THE STAFF REPORT AS WELL WAS THE THIRD THING I SHOULD HAVE WRITTEN THESE DOWN.

UM, GREEN GREENFIELD GREENFIELD IS, IS THE PHASE TWO PIECE.

SO WE'D BEEN SPEAKING ABOUT THAT EARLIER.

WE ARE NOT LETTING THAT GO.

WE THINK IT'S A, A BIG IMPACT AND WE JUST WANNA MAKE SURE WE'RE THAT COUNCIL GAVE US AN EXTRA MONTH ON THAT WE ARE STILL WORKING THROUGH HOW TO GET THAT DONE.

UH, AND WE'LL KEEP YOU APPRISED.

AND THEN THE LAST PIECE WAS EQUITY EQUITY.

A AS I, AS I SAID EARLIER, I THINK THAT IS SOMETHING THAT WE CERTAINLY WANT TO ADDRESS, UH, WHOLEHEARTEDLY AND, AND HOLISTICALLY, NOT JUST EVEN IN THESE CODE UPDATES.

AND SO IN, IN ADDITION TO THE MEMO THAT WE'LL BE, BE PROVIDING AS OF NOVEMBER 1ST FROM STAFF WILL OUTLINE HOW WE'RE INTEGRATING EQUITY INTO OUR STRATEGIC PLAN, WE'LL OUTLINE ANY OTHER GUIDANCE ON, ON UPDATES THAT WE WANNA MAKE ACCORDING TO OUR EQUITY GOALS.

AND THEN OUR EQUITY REVIEW THAT IS IN OUR STAFF REPORT CURRENTLY CALLS FOR THAT.

AS I, AS I SAID, THAT WHOLESALE LOOK AT ENVIRONMENTAL POLICIES, UH, FROM THROUGH AN EQUITY LENS.

MM-HMM I HAD MENTIONED LAST TIME WHEN Y'ALL DID THE INITIAL PRESENTATION ABOUT REACHING OUT TO PODER.

UM, I HOPE THEY Y'ALL REACH OUT TO THEM BECAUSE ACTUALLY THE COMMUNITY, THE RESIDENTS ARE THE ONES THAT LIVE WITH THE CONSEQUENCES OF THESE DECISIONS.

AND SO THEY DEFINITELY SHOULD BE A STAKEHOLDER.

OKAY.

THANK YOU.

SO, ALL RIGHT.

I THINK WE NEED TO MOVE FORWARD TO THIS NEXT PHASE IF, UH, I'D LIKE TO MOVE TO CLOSE THE PUBLIC HEARING.

NO, AND THERE'S NO PUBLIC HEARING.

SECOND PUBLIC HEARING.

THERE'S NO PUBLIC HEARING.

OKAY.

SO THIS NEXT PHASE.

OKAY.

NO, THAT'S YOU, YOU IT'S GOOD.

UM, UH, IF, IF, IF BEDFORD WERE HERE, WE WOULD'VE, WE WOULD'VE BE MUCH MORE ON IT, BUT, UM, YES, THOMPSON WE'RE AT 10, 12:00 PM.

I JUST WANTED TO SAY WHEN KATIE WAS TALKING ABOUT, WE, I WISH THAT THAT HAD INCLUDED US THE ENVIRONMENTAL COMMISSION INSTEAD OF STAFF JUST SAYING IT'S 10, 13 COMMISSIONER SCOTT.

YOU.

YES.

HI.

UM, I, I, I WAS GONNA BE GIVEN THE FLOOR, UH, A WHILE AGO AND, UH, SOMETHING HAPPENED.

I, UM, YES.

AND, UM, HOLD ON ONE SECOND.

UM, I, I MOVE THAT.

WE EXTEND THE MEETING TO 10 30.

IS THERE A SECOND? SECOND? ALL RIGHT.

WE GOT A SECOND.

HOLD ON, EVERYBODY.

ALL THOSE IN FAVOR, EXTENDING THE MOVING TO 10 TO IF NECESSARY 10 30, BUT PASS 10, 15, UH, TO AT LATE AS 10 30.

RAISE YOUR HAND ALL THOSE IN FAVOR, SAY AYE.

OR RAISE YOUR HAND.

YOU'RE YOU AND I, RIGHT SCOTT, 1, 2, 3, 4, 5, 6, 7 CARRIES.

UM, KAYLA, DID YOU GET THOSE? ALL RIGHT, THANK YOU.

UM, YES, COMMISSIONER SCOTT.

UM, I, I CALLED ON YOU A COUPLE TIMES, BUT FELT LIKE I WAS LOOKING AT A BARISTA POSSIBLY, UM, QUITE POSSIBLY.

UM, BUT YES, THE, YOU HAVE THE FLOOR.

THANK YOU.

UM, I DON'T KNOW WHAT, HOW TO FINESSE THIS, BUT, UM,

[04:00:01]

SOME OF THE, BECAUSE PARTLY MY BRAIN TURNED OFF A WHILE AGO AND THERE'S SOME CONCERNS THAT, UH, COMMISSIONER GUI, UM, MENTIONED THAT, UM, LIVING ALSO ON THE EAST SIDE, UM, I'M CONCERNED, BUT I CAN'T ACTUALLY REALLY PROCESS IT VERY WELL CUZ I IT'S JUST GET, IT'S GETTING KIND OF LATE FOR ME.

UM, BUT I, MY POINT IS, IS I'M TRYING TO GET TO THE CHASE HERE.

MY POINT IS THAT, UM, I DON'T KNOW WHAT THE MECHANISM WOULD BE, BUT I DON'T FEEL, UH, READY TO, UM, UH, RECOMMEND, UM, UM, WHAT WE'VE HAD TONIGHT.

UM, EXACTLY.

UH, BUT I DON'T KNOW WHAT OTHER ALTERNATIVES WE HAVE.

I FEEL A LITTLE BIT IN A BIND ABOUT THAT.

THIS IS, THIS IS BERG.

UM, YEAH, I, I THINK WE'RE ALL FEELING PRESSURE ALMOST AS MUCH AS STAFF ARE, UM, TO, TO, TO, TO MOVE FORWARD.

MY, MY COMMENT, UM, WOULD BE THAT I KNOW THAT OTHER BOARDS AND COMMISSIONS ARE LOOKING TO US FOR OUR COMMENTS.

UM, AND, UM, I KNOW THERE HAVE BEEN OTHER OCCASIONS WHEN I'VE BEEN ON THIS COMMISSION WHERE IF WE, WE DON'T SAY ANYTHING, THEN WE ARE KIND OF, YOU KNOW, WE, WE, WE DON'T SPEAK TO, TO ANY ELEMENTS OF IT.

UM, SO, UH, I, I, I BELIEVE WE'RE GONNA PRESENT A MOTION THAT I THINK ADDRESSES SOME OF THE CONCERNS THAT HAVE BEEN DISCUSSED HERE SO FAR, OF COURSE, WILL, WE'RE EXCITED TO HEAR ANY, ANY AMENDMENTS THAT ANYONE WOULD HAVE AND, AND IF ANYONE'S, YOU KNOW, NOT COMFORTABLE VOTING FOR IT, THAT'S OF COURSE THEIR THEY'RE THEY'RE RIGHT AND PREROGATIVE.

BUT I, BUT FROM MY POSITION, I, MY PREFERENCE WOULD BE TO MAKE SOME KIND OF AN ENVIRONMENTAL COMMENT ON THE MATTER IN THE PROCESS TO WHERE WE KIND OF HAVE A STAKE IN THE GROUND A LITTLE BIT.

UM, UH, AND, AND WE CAN CRAFT A LANGUAGE OF HOW WE THINK THAT STAKE APPLIES TO WHAT THAT MAKES SENSE.

I TAKE YOUR POINT ON THAT.

I, UM, UM, PERHAPS, UH, COMMISSIONER GLORIA COULD, UM, I, I WOULD APPRECIATE SOME SOMETHING FROM, FROM, FROM HER, UM, ABOUT HER CONCERNS, UM, BECAUSE I, I SHARE HER CONCERNS EXCEPT I DON'T KNOW WHAT THEY'RE ABOUT.

EXACTLY.

I MEAN, I MEAN, I I'M CONCERNED ABOUT THE SAME THINGS THAT SHE'S CONCERNED, BUT I DON'T, I FRANKLY, UH, GOT LOST IN THE WOODS.

SO THAT'S, UH, THAT'S THE BEST I CAN SAY RIGHT NOW.

YOU'RE YOU'RE GOOD.

UM, I'M SORRY.

BUT THAT'S KIND OF WHERE I AM YOU'RE OKAY.

YEAH.

AND, AND I THINK WE'LL, WE'LL, WE WILL MAYBE TAKE A RUN AT THIS AND SEE IF THERE'S AMENDMENTS OR ADDITIONAL LANGUAGE WE WANT TO ADD TO IT.

UM, BUT WITH THAT, WHY DON'T, WHY DON'T WE HEAR, HEAR WHAT WE GOT ALL SEPTEMBER 7TH, UH, 2022 ORDINANCE AMENDMENT TO TITLE 25.

UH, WHEREAS ENVIRONMENTAL COMMISSION HAS CONSIDERED THE ORDINANCE AMENDMENT TO TITLE 25 RELATED TO ENVIRONMENTAL PROTECTION AND LANDSCAPING REQUIREMENTS.

AND WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THIS ORDINANCE RESPONSE TO COUNCIL'S RE RESOLUTION NUMBER 2, 2 2 0 6 9 DASH 0 61, WHICH INITIATED, UH, LAND DEVELOPMENT CODE AMENDMENTS RELATED TO ENVIRONMENTAL DRAINAGE AND LANDSCAPE REQUIREMENTS, THE RESOLUTION, UM, DIRECTED STAFF TO PRESENT MOST OF THE INITIATIVE, UH, AMENDMENTS TO COUNCIL FOR CONSIDERATION.

THEREFORE THE ENVIRONMENTAL COMMISSION RECOMMENDS THE AMENDMENTS TO TITLE 25 WITH THE FOLLOWING RECOMMENDATIONS.

NUMBER ONE, SMALL SCALE MISSING MIDDLE PROJECTS WILL FOLLOW ADJACENT AND PUBLIC NOTICE REQUIREMENTS CONSISTENT WITH CURRENT APPLICABLE SITE PLAN PERMITTING AND NUMBER TWO, REVIEW SF THREE AND ABOVE FOR EQUITABLE APPLICATION OF THE PROPOSED CODE CHANGES.

THIS IS RAMBO GUY SECOND, ANY DISCUSSION, ANY THOUGHTS ON AMENDMENTS? THOSE ARE NICE, BUT, AND I, AND I LIKE THEM, BUT PERSONALLY, I FEEL THAT ALTHOUGH I AGREE WITH MOST OF

[04:05:02]

FEEL THERE'S SUFFICIENT DEFICIENCIES IN THE ENTIRE DOCUMENT THAT HAVE BEEN POINTED OUT THAT I CAN'T SUPPORT IT WITHOUT A COMPREHENSIVE LIST OF AMENDMENTS THAT WOULD BE IMPRACTICAL TO INCLUDE.

SO WITHOUT COMPREHENSIVE MAJOR SURGERY ON THE PATIENT, UH, I CAN'T SUPPORT IT EVEN THOUGH PHILOSOPHICALLY, I AGREE WITH MUCH OF IT.

THERE'S JUST TOO MANY, TOO MANY THINGS IN THERE THAT I DISAGREE WITH.

DO YOU THINK, UM, THAT, HOW DO I WANNA PHRASE THIS, THAT YOU COULD GET SOME OF THOSE INTO WRITING FOR AMENDMENTS? UM, MAYBE NOT TONIGHT, BUT IF YOU COULD TONIGHT, UM, DOES THAT MAKE SENSE OR I'M JUST WONDERING, HOW DO YOU FEEL LIKE YOU CAN GET THOSE INTO, INTO HERE? MY CONCERNS FALL INTO A COUPLE OF CATEGORIES, AND I UNDERSTAND THAT WE RECO WE ARE ORGANIZED IN THIS CASE AS A RECOMMENDING BODY TO THE COUNCIL AND THEY HAVE THE RIGHT TO THUMBS UPPER THUMBS DOWN.

SO HAVING SAID THAT, UM, THERE'S THINGS THAT I FEEL THAT ARE MORE PROCEDURAL IN NATURE IS THE WAY THE WHOLE THING IS ADMINISTERED THAT I DISAGREE WITH.

AND I MENTIONED THIS BEFORE ABOUT HOW WE ARE INVOLVED IN THE PROCESS OR MORE SPECIFICALLY HOW WE'RE NOT INVOLVED IN THE PROCESS.

SO I HAVE A DISAGREE WITH THAT, AND I CAN PUT THAT IN WRITING, UH, A LOT OF THE CONCERNS THAT COMMISSIONER GARY POINTED OUT.

I SHARE THOSE, I CAN'T REALLY ARTICULATE THOSE, UH, BECAUSE SHE'S DONE A VERY GOOD JOB OF GOING THROUGH THE WHOLE THING ON A LINE ITEM BASIS, UH, MUCH BETTER THAN I HAVE.

AND SO TO ADDRESS THOSE, I WOULD ACTUALLY HAVE TO DEFER TO HER ON THAT IF SHE FELT THAT THOSE WERE IMPORTANT ENOUGH TO INCLUDE IN AN AMENDMENT.

AND SO I WOULD DEFER TO HER IF SHE WANTS TO INCLUDE THAT AMENDMENT, I COULD PROBABLY GET SOMETHING TO YOU IN WRITING TODAY'S WEDNESDAY NO LATER THAN FRIDAY NOON, BUT I COULDN'T GET IT TO YOU TONIGHT.

I, I JUST, I JUST CAN'T DO IT TONIGHT.

I CAN'T, I PROBABLY COULD DO IT TOMORROW, BUT I, I GOT A LOT OF STUFF GOING ON.

I JUST, I DON'T WANNA PROMISE SOMETHING.

I CAN'T, WELL, I MEAN, I, I, THIS IS BERG.

I APPRECIATE, UM, I APPRECIATE YOUR HONESTY AND YOUR CANDOR TO BE HONEST.

UM, UH, I, I DON'T THINK THE URGENCY OF GETTING SOMETHING TO TOMORROW OR, OR FRIDAY IS AS MUCH BECAUSE, UH, IT WOULD BE MORE OR LESS THE NEXT MEETING, YOU KNOW, SO IT WOULD BE TWO WEEKS FROM NOW, UM, WHICH, WHICH I DON'T, YOU KNOW, I, I, UH, IS, IS, IS AN OPPORTUNITY.

UM, UH, I I'D BE INTERESTED TO KIND OF HEAR WHAT OTHER COMMISSIONERS, UH, WHERE THEY'RE KIND OF WHERE THEY'RE SITTING.

UM, BECAUSE THAT, UH, I MEAN, IT'D BE, IT, IT WOULD BE BENEFICIAL TO, TO HAVE SOMETHING COME OUT OF THIS BODY.

UM, AND IF IT DOESN'T HAPPEN TODAY AND HAPPENS TWO WEEKS FROM TODAY, THAT'S BETTER THAN NOTHING COMING OUT OF IT.

UM, BUT, UH, YEAH, THAT'S KIND OF WHERE WE ARE.

UH, YEAH, BUT REAL QUICK BEFORE, UH, BEFORE YOU GO, SCOTT, UH, COMMISSIONER THOMPSON HAD HER HAND UP PRIOR TO, I I'M, I'M GONNA BE CUT OFF.

I JUST WANNA SAY, UH, I AGREE WITH, UH, COMMISSIONER, UH, UH, UH, ER, AND I'M AFRAID I'M GONNA GET LOGGED OUT, BUT, UM, I'M GONNA TRY TO HANG IN.

ALL RIGHT.

THANK YOU.

MA'AM COMMISSIONER THOMPSON.

AND I JUST FEEL LIKE WE'RE HAVING TO THROW OUT THE BABY WITH THE BATH WATER.

WE COULD CARVE THE GOOD THINGS OUT THAT WE ALL AGREE WITH THAT THEY'VE BEEN WORKING SO HARD ON WITH THE THINGS THAT ARE INEQUITABLE.

I MEAN, YOU KNOW, THERE'S SO MUCH GOOD IN IT, BUT WE ARE NOT GETTING THERE BECAUSE WE HAVE SUCH STRONG PROBLEMS WITH THE ISSUES.

AND, UH, THAT IS THE PROBLEM THAT WE CANNOT RECOMMEND THE, THE ENTIRETY OF IT,

[04:10:01]

BUT WE COULD CERTAINLY RECOMMEND PARTS OF IT.

AND SO THAT IS ALL I WANTED TO SAY.

I FEEL LIKE, UH, ECHOING WHAT, UH, YOU KNOW, COMMISSIONERS, BRIER THOMPSON AND OTHERS HAVE SAID, YOU KNOW, I THINK, UH, AS FAR AS LIKE, YOU KNOW, PROVIDING PUBLIC NOTICE, RIGHT.

AND SORT OF THIS IDEA THAT, YOU KNOW, UM, I THINK REALLY WHAT WE'RE LOOKING AT RIGHT, IS SORT OF LIKE THE STREAMLINING OF THE PROCESS TO BE MORE ADMINISTRATIVE TO EXPEDITE DEVELOPMENT.

UM, IT SEEMS LIKE A LOT OF PEOPLE ARE UNCOMFORTABLE BECAUSE IT SEEMS LIKE THE PROCESS OF PUBLIC INPUT IS BECOMING COMPROMISED BECAUSE OF THAT.

UM, AND SO AGAIN, TO ME, IT'S LIKE, HOW DO YOU PUT THAT ALL INTO ONE RECOMMENDATION WITHOUT JUST BEING REALLY VAGUE? YOU KNOW, I THINK IT'S DEFINITELY SOMETHING WORTH ADDRESSING, BUT I'M JUST NOT A POLICY PERSON WHERE I CAN BE LIKE B AND C NEED TO BE DONE, BUT THAT'S JUST MY TAKE ON IT.

THOUGHTS FROM ANYBODY ELSE, IF YOU, IF YOU'RE WANTING TO SHARE, I JUST HAVE A QUESTION.

UM, SO IF THE COMMISSION MAKES A, UH, A RECOMMENDATION IN TWO WEEKS VERSUS TODAY, DOES THAT IMPACT ANYTHING? DOES THAT IMPACT THE TIMING TO, TO PRESENT BACK TO CITY COUNCIL? NO.

IT WOULD POSSIBLY IMPACT THE ZONING AND PLANNING COMMISSION'S RECOMMENDATION BECAUSE THEY WILL WELL BE BECAUSE THEY'RE ON THE 20TH AND WE WOULD BE COMING BACK TO YOU ON THE 21ST, UNLESS THERE WAS A SPECIAL CALLED MEETING AHEAD OF TIME.

UM, AND ALSO PLANNING COMMISSION IS NEXT WEEK, THEY WILL PROBABLY NOT TAKE A ACTION NEXT WEEK AS WELL, AND WILL, UM, POSTPONE ACTUAL ACTION UNTIL THE FOLLOWING THE 27TH.

BUT, UM, WE, WE COULD CONTINUE THE DISCUSSION ON THE 21ST, JUST TO BE CLEAR, THEY HAVE ASKED FOR FEEDBACK FROM Y'ALL.

UH, AND SO IF YOU'RE FEELING LIKE YOU'RE LEANING TOWARD DEFERRING ACTION, I WOULD AT LEAST, YOU KNOW, SECOND, UH, COMMISSIONER THOMPSON'S COMMENT THAT DON'T, DON'T THROW OUT THE BABY WITH THE BATH WATER.

IF THERE'S STUFF THAT YOU'RE PROUD OF AND EXCITED ABOUT, LIKE, PLEASE CONSIDER, UH, MAKING SURE THAT ZAP KNOWS THAT AND PLANNING COMMISSION KNOWS THAT NEXT TIME WE TALK TO THEM.

AND IF YOU HAVE CONCERNS ABOUT OTHER THINGS, THAT'S, THAT'S YOUR PREROGATIVE CHAIR.

RAMER WITH KEEPING IN MIND WHAT STAFF JUST SAID AND WHAT THE CONCERNS THAT SEVERAL COMMISSIONERS, INCLUDING MYSELF, A VOICE HAVE VOICED.

PERHAPS WE SHOULD HAVE A MOTION THAT KIND OF SPLITS IT DOWN THE MIDDLE THAT SAYS THAT WE ARE GOING TO DEFER A FINAL VOTE TO RECONCILE, YOU KNOW, THE BABY IN THE BATHWATER.

I DON'T KNOW EXACTLY WHAT THE PHRASING IS, BUT, YOU KNOW, TO RECONCILE CONCERNS THAT WE HAVE VERSUS THE GOOD WORK THE STAFF HAS DONE, AND THAT WE HAVE TO ADJUST THAT, OR YOU GET WHAT I'M TRYING TO SAY, COMMISSIONER BRISTOL, SOME KIND OF A STATEMENT OUT OF THE COMMISSION YEAH.

IS LIKE THAT SPEAKS TO WE'RE SUPPORTIVE OF THE INTENT OF THE, UH, THE DOCUMENTS.

HOWEVER, WE FIND THAT THERE'S SOME DEFICIENCIES IN THERE THAT HAVE TO BE ADDRESSED SOMETHING, SOMETHING ALONG THOSE LINES, SOMEONE'S BETTER AT THIS THAN I AM.

I DON'T KNOW NECESSARILY BETTER AT IT THAN, THAN YOU ARE.

BUT, UM, SO IT, UM, NUMBER ONE, A, WE HAVE A MOTION, SO WE HAVE TO DO SOMETHING WITH IT, UM, WHICH YOU CAN VOTE IT DOWN.

YOU CAN SAY TABLE IT, WHATEVER YOU WANNA DO.

UH, WE CAN ALSO RUN OUT THE CLOCK, UH, WHICH WE HAVE TWO MINUTES TO DO.

I CAN KEEP TALKING UNTIL THEN.

UM, AND WHICH IS AN OPTION , UM, WE CAN ALSO TABLE THIS AND THEN LET'S LET THE PROCESS BE THAT YOU WILL EMAIL ME INDIVIDUALLY.

YOU CAN'T HAVE MORE THAN, YOU KNOW, A FEW OF US ON THERE, RIGHT.

TO MAKE SURE THAT WE ARE NOT DOING ANY KIND OF WRONG ON THAT.

UM, SO THAT WE CAN CAPTURE THESE BETTER IN OUR STATEMENTS BECAUSE YOU KNOW, THAT IS NOT SOMETHING THAT WE NECESSARILY CAME, UH, PREPARED WITH.

I THINK, FEEL LIKE TODAY, EVEN THOUGH LOTS

[04:15:01]

OF US HAVE QUESTIONS, UH, HOW DOES THAT FEEL? KAYLA GO FOR IT.

THAT CHAIR, I, I WOULD RECOMMEND THAT WE GO AHEAD AND MAKE SOME ACTION INSTEAD OF JUST LETTING RUNNING OUT THE CLOCK.

WE HAVE TWO MINUTES.

YES.

I HAVE A RECOMMENDATION.

YES.

MA'AM UM, YOU ALREADY HAVE A RECOMMENDATION.

OH, WE DO.

OR THAT YOU HAVE A SECOND ON, YOU HAVE TO VOTE ON THAT OR YOU CAN OFFER A GET DECISION.

SO WE ARE GONNA, OH, CAN I SAY AN AMENDMENT TO THEIR RECOMMENDATION? I'M GONNA, I'M GONNA PROPOSE A SUBSTITUTE MOTION.

UM, THAT SAYS THIS, UM, THAT AS A COMMISSION, WE, UH, APPRECIATE ALL THE HARD WORK THAT THE STAFF HAS PUT IN.

AND THAT WE RECOGNIZE THERE ARE MANY ELEMENTS IN THIS, UM, AMENDMENT THAT WE SUPPORT AND WE NEED ADDITIONAL TIME TO REVIEW AND DETAIL CONCERNS ABOUT OTHER ELEMENTS THAT WE HAVE, AND THAT WE WOULD LIKE TO DO THAT AT OUR NEXT MEETING.

IS THERE A SECOND, SECOND, SECOND WITH THE GARY LET'S VOTE REAL QUICK.

HANDS UP IF YOU'RE FOR IT.

YOU IN, OKAY.

NO, IF THAT PASSES, IT CANCELS IT OUT.

THAT'S 9, 9, 4 I'M RAISE.

OKAY.

UM, SHEIRA AND LEFT AND, UH, OH, SORRY.

THOSE OPPOSED.

ARE YOU ABSTAINING OR OPPOSED? OPPOSED SHERRA AND BARRETT PIG.

YOU OPPOSED? OKAY.

THAT PASSES.

CORRECT.

ALL RIGHT.

I'M GONNA MOVE THAT.

WE EXTEND THE MEETING FOR FIVE MORE MINUTES.

DO I HAVE A SECOND RHYMES IN ALL THOSE FOR FIVE, FIVE MORE MINUTES? ALL RIGHT.

WE'RE IN FOR FIVE MORE MINUTES.

OKAY.

I THINK THAT MADE IT OKAY.

SO THE, IS IT WORTH CALLING A SPECIAL MEETING OR SHOULD IT JUST BE DONE ON, I THINK WE'VE BEEN MEETING A LOT LATELY AND IT'S NOW 10 30.

I DON'T THINK WE SHOULD CALL A SPECIAL MEETING.

I THINK WE SHOULD COVER IT AT OUR NEXT MEETING.

PLEASE DO, SEND ME TO SEND YOUR SECRETARY THOSE THINGS AND, AND DON'T WORRY ABOUT HAVING AN IMPERFECT LANGUAGE.

I MEAN, I CAN SORT THAT OUT.

I'D BE QUITE ELOQUENT.

SURE.

THAT YOU WILL APOLOGIZE.

UM, I WOULD NOT RECOMMEND DOING THAT.

THAT WILL BE A WALK IN FORUM.

SO PREP, IF WHAT I WOULD RECOMMEND INSTEAD IS THAT YOU PREPARE YOUR RECOMMENDATIONS AND BRING THEM TO THE MEETING, WRITE THEM DOWN, BRING THEM WITH YOU, AND THEN YOU CAN READ THEM DURING THE MEETING, KIND OF MAIL THEM TO YOU AND HAVE YOU DO WHATEVER IT IS YOU WANT TO NO, I CANNOT DISTRIBUTE THEM IF EVEN IF THEY'RE JUST HER.

I, I THINK WHAT I THINK WHAT, WHAT, UM, KAYLA IS SAYING IS THAT DON'T EMAIL THEM TO ME, BUT I WOULDN'T DREAM OF IT, BUT WRITE THEM DOWN AND, UM, AND BRING THEM.

AND THEN, THEN I CAN PUT 'EM INTO THIS.

AS WE'RE HAVING THE MEETING, I IN THE MEETING, I CAN DO THIS AND I LIKE PASSING NOTES UNDER THE TABLE.

IF YOU HAVE SOMETHING THAT YOU WANT TO RUN BY STAFF, YOU'RE WELCOME TO REACH OUT TO US.

WE'RE HAPPY TO ANSWER OUR QUESTIONS.

THAT'S FINE.

IT'S REALLY MORE OF THE ISSUE WHEN YOU START DISTRIBUTING TO OTHER COMMISSION MEMBERS THAT CAN CREATE THAT, UH, BUSINESS OUTSIDE OF THE MEETING ISSUE.

MM-HMM AND I JUST WANNA SHARE, UM, THERE ARE SOME THINGS THAT ARE REALLY FABULOUS THAT I HAD DOUBLE CHECK, HAPPY DANCE TYPE STUFF THAT I WAS DOING.

LIKE THIS IS REALLY GREAT.

SO I JUST REALLY WANT Y'ALL TO KNOW THAT.

UM, YEAH.

I JUST WANNA SHARE THAT, BUT, BUT IS THAT LIKE COMMUNICATED, GONNA BE LIKE COMMUNICATED IN WRITING THAT THERE WAS STUFF THAT WAS OF IN WHATEVER I ARTICULATED VERY ELOQUENTLY IN MY MOTION, KAYLA WILL TYPE UP TOMORROW.

SO I REMEMBER SAYING SOMETHING ABOUT GOOD STUFF AND APPRECIATION, I THINK IS WHAT I SAID.

WHEREAS, WHEREAS, ALL RIGHT.

ONE MORE THING.

YES.

COMMISSIONER OR, UH, CHAIR BERG.

I WOULD LIKE TO MAKE A MOTION THAT WE HAVE, UH, KEITH MARS COME TO A MEETING AS SOON AS PRACTICAL AND TALK ABOUT THE STATUS OF THE UPDATE TO THE HERITAGE TREE ORDINANCE THAT HE HAS BEEN WORKING ON FOR QUITE A WHILE.

OKAY.

NOTE, UH, QUICK

[FUTURE AGENDA ITEMS]

QUESTION ABOUT THAT, UH, CHAIR.

CAUSE I THINK WE HAD DISCUSSED DURING THE RETREAT AND I THINK THIS FALLS UNDER FEATURE AGENDA ITEMS. SO I THINK'S OKAY FOR US TO DISCUSS IN THAT CONTEXT OF JUST FIGURING OUT THE RIGHT VENUE.

I THINK WE HAD TALKED ABOUT POSSIBLY TAKING THAT TO A COMMITTEE FIRST, BUT IS YOUR REQUEST TO BRING IT TO THE FULL COMMISSION? MY REQUEST WAS, BRING IT TO THE FULL COMMISSION.

OKAY.

THANK YOU.

[04:20:02]

IN 10 SECONDS OR LESS EACH, DOES ANYONE HAVE ANY, UH, COMMITTEE REPORTS? YOU JUST GOT MINE.

THANK YOU, SIR.

ANYONE ELSE? ALL RIGHT.

10 33.

I UH, THAT'S ADJOURN.

THANK YOU GUYS.

THANK YOU.

REMOTE PEOPLE.

REMOTERS NOW THE ANGRY COOLING KNOW THE GOOD LOVE IS ALWAYS BEEN AROUND YOU AND YOU LOOKING FOR THAT WOULD LET OH.