[CALL MEETING TO ORDER]
[00:00:08]
LET'S GO AHEAD AND GET STARTED HERE.
WE'RE GONNA CALL TO ORDER THE REGULAR MEETING OF THE ENVIRONMENTAL COMMISSION.
IT'S NOVEMBER 16TH, 2022 AT THE DEVELOPMENT CENTER AT 63 10 WILHELMINA DELCO DRIVE.
UH, WE'RE GONNA GO THROUGH ROLL CALL, UM, PA PAM, CAN YOU HEAR ME? I'M GETTING THE IMPRESSION YOU CAN'T HEAR ME FOR SOME REASON.
KEEP, CAN YOU HEAR ME NOW? I, I CAN'T HEAR YOU GUYS.
UM, AT THE SAME TIME, MAYBE CRANK UP YOUR SPEAKERS JUST IN CASE WE, YOU'RE THE ONLY, I GUESS LIZ OR PAMELA.
CAN Y'ALL HEAR ME? YOU CAN HEAR ME NOW.
WE'RE GONNA GO ROUND THE HORN AND DO ROLL CALL HERE.
UH, COMMISSIONER THOMPSON, YOU GET TO GO FIRST HERE.
UH, LET'S, WITH THE FIRST ITEM OF BUSINESS, UH, WE DON'T HAVE ANY GENERAL COMMENTS.
[1. Approval the minutes of the Environmental Commission Regular Meeting on November 2, 2022 (5 minutes)]
UH, AGENDA ITEM NUMBER ONE, UM, REVIEW OF THE MINUTES.UH, KAYLA'S DISTRIBUTED THE MINUTES FROM THE NOVEMBER 2ND MEETING.
UH, DOES ANYONE HAVE ANY QUESTIONS OR COMMENTS ABOUT THOSE? MOTION TO APPROVE THE MINUTES.
ALL THOSE IN FAVOR OF APPROVING THE MINUTES FROM THE NOVEMBER 2ND, MEANING PLEASE RAISE YOUR HAND.
THAT WILL BE GOOD ENOUGH FOR ME.
WE GOT UNANIMOUS OF EVERYBODY WHO'S HERE, KAYLA.
[2. Update on amendments to Title 25 related to environmental protection, landscape requirements, and site plan requirements—Liz Johnston, Deputy Environmental Officer, Watershed Protection Department (5 minutes)]
ITEM TO TWO, UH, WHICH IS AN UPDATE ON TITLE 25 RELATED ENVIRONMENTAL PROTECTION, LANDSCAPE REQUIREMENTS AND SITE REQUIREMENTS FROM LIZ.THANK YOU, UH, FOR ALLOWING ME TO ATTEND REMOTELY THIS EVENING.
UM, SO YES, I DID WANT TO GIVE AN UPDATE ON, UM, A COUPLE OF THINGS.
SO ITEM ONE, AND THEN I'LL GO INTO ITEM TWO.
UH, THE ORDINANCE, AS YOU ALL, UM, WERE VERY, UH, MUCH INVOLVED IN THE, UM, CHANGES THAT WERE BROUGHT FORTH RELATED TO ENVIRONMENTAL PROTECTIONS AND LANDSCAPE PROTECTIONS.
UM, THERE, AN ORDINANCE DID GET APPROVED BY CITY COUNCIL ON OCTOBER 27TH, UM, AND IT WENT INTO EFFECT NOVEMBER 7TH.
UM, THAT ORDINANCE WAS NOT THE FULL PACKAGE THAT WE HAD BROUGHT TO YOU ALL.
THERE WERE VARIOUS ELEMENTS THAT WERE, UM, STRIPPED OUT AND PUT ON A LONGER TIMELINE, BUT WHAT DID GET APPROVED WAS A GREEN STORM WATER INFRASTRUCTURE BEING THE STANDARD BY WHICH WE REQUIRE WATER QUALITY TREATMENT, WHICH IS A PRETTY, UM, IMPRESSIVE THING TO HAPPEN FOR US.
UM, IN ADDITION, WE HAVE A STRENGTHENED, UM, WETLAND PROTECTIONS ON LADYBIRD LAKE, UM, CHANGES TO STORM WATER MANAGEMENT AND PARKING LOTS, UH, PROHIBITING, UM, IN CHANNEL DETENTION PONDS AND OTHER MINOR CODE AMENDMENTS.
WHAT WAS NOT INCLUDED IN THE ORDINANCE, UH, WAS, UH, RELATED TO THE, THE FUNCTIONAL GRAIN LANDSCAPE REQUIREMENTS, UM, THE ADDITIONAL PROTECTIONS FOR THE COLORADO RIVER DOWNSTREAM OF LONGHORN DAM AND CHANGES RELATED TO, UH, MISSING MIDDLE PROJECTS.
UM, AND SO THERE WERE VARIOUS CONCERNS RELATED TO THOSE ELEMENTS.
THEY, UH, COUNCIL DID SAY BRING THEM BACK, BUT WITH, YOU KNOW, WITH FUNCTIONAL GRAIN, WE WERE, UM, DIRECTED TO DO ADDITIONAL TESTING WITH STAKEHOLDERS SUCH AS LANDSCAPE ARCHITECTS AND DEVELOPERS TO MAKE SURE THAT THEY'RE COMFORTABLE WITH, UH, THE CRITERIA ASSOCIATED WITH FUNCTIONAL GRAIN, UM, TO DO ADDITIONAL STAKEHOLDER ENGAGEMENT FOR FOLKS ALONG THE COLORADO RIVER AND, UH, TO WORK WITH HOUSING AND PLANNING AND DSD AND OTHER DEPARTMENTS, UH, ON MISSING MIDDLE, UM, AND, AND BRING A MORE COMPREHENSIVE PACKAGE.
AND WITH ANY NEW CODE CHANGE COUNCIL IS NOW SAYING STAFF NEED TO BRING BACK SOME SORT OF, UM, INCENTIVES OR CODE,
[00:05:02]
UM, MODIFICATIONS THAT WOULD OFFSET ANY IMPACTS TO DEVELOPMENT THAT WOULD AFFECT AFFORDABILITY.SO THAT PROCESS WILL PROBABLY TAKE, UM, D YOU KNOW, BRING BACK SEVERAL DIFFERENT ORDINANCES INSTEAD OF GROUPING THEM ALL TOGETHER.
UM, WE ANTICIPATE THE ENTIRE, UM, PROCESS COULD BE UP TO 18 MONTHS, BUT YOU WOULD, YOU KNOW, I WOULD EXPECT YOU CAN, UH, START TO SEE THINGS COMING MOVE FORWARD IN THE FIRST HALF OF THIS YEAR, ESPECIALLY RELATED TO FUNCTIONAL GREEN AND POSSIBLY COLORADO RIVER.
UM, WE EXPECT THAT THOSE WOULD COME BACK FIRST, BUT THEY WILL BE SEPARATE ORDINANCES.
UM, SO IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ENTERTAIN ANY NOW OR I CAN MOVE ON TO THE NEXT UPDATE IF ANYBODY HAS ANY QUESTIONS ON THOSE ITEMS. UM, ANYBODY HERE? YEAH, ANNA, PLEASE.
UM, SO IN REGARDS TO THE STAKEHOLDERS THAT WERE REFERENCED, DID NOT, DID NOT INCLUDE NEIGHBORHOOD GROUPS OR RESIDENTS.
IS THAT GOING TO BE INCLUDED? ARE THOSE, IS THAT ELEMENT GONNA BE INCLUDED? WELL, YEAH, I MEAN, IT WOULD BE ANY STAKEHOLDER THAT IS RELEVANT TO THE CODE CHANGE.
SO, YOU KNOW, WE WOULD DEFINITELY DO TARGETED OUTREACH PROB ESPECIALLY RELATED TO MISSING MIDDLE WITH NEIGHBORHOODS.
NOW, ANY NEW ORDINANCE IS REQUIRED TO NOTICE, UM, NEIGHBORHOOD GROUPS.
SO, YOU KNOW, THERE IS THE, THE LEGAL REQUIREMENT THAT, UM, THAT IS REQUIRED.
BUT THEN ANY, ANY ADDITIONAL STAKEHOLDER THAT GROUP THAT IS RELEVANT TO THE ORDINANCE, WE WILL BE REACHING OUT TO.
SO ESPECIALLY THE MISSING MIDDLE PRO, UH, CODE CHANGES, I'M SURE WILL BE, UM, INCLUDING NEIGHBORHOOD GROUPS.
I WOULD APPRECIATE, UM, NOT WAITING UNTIL THE NOTICE CRI, UH, CRITERIA KICKS IN THAT WE, THAT THE COMMUNITIES BE ENGAGED BEFOREHAND, JUST LIKE THEY ARE.
THERE'S OUTREACH TO THE DEVELOPMENT COMMUNITY AND LANDSCAPE ARCHITECTS.
I THINK AT THAT TIME, YOU SHOULD BE ALSO REACHING OUT TO THE COMMUNITY.
THE COMMUNITY SHOULD NOT GET THE INFORMATION AT THE TIME OF NOTICE, AT WHICH POINT IT'S TOO LATE FOR THEM TO PROVIDE QUALITY INPUT.
AND I THINK THAT, YOU KNOW, THE ORIGINAL ORDINANCE HAD A VERY QUICK TIMELINE THAT DID NOT REALLY ANTICIPATE MUCH STAKEHOLDER ENGAGEMENT.
COUNCIL AT THE TIME SAID, YOU KNOW, A LOT OF THESE, UH, ELEMENTS HAD ALREADY GONE THROUGH STAKEHOLDER PROCESS, BUT THESE PARTICULAR ELEMENTS DID NEED MORE STAKEHOLDER PROCESS AT THE END OF THE DAY.
AND SO THAT'S WHY WE'RE TAKING IT ADDITIONAL TIME.
SO WE'RE WORKING ON GETTING THAT PROCESS TOGETHER, AND, UH, YES, IT WILL BE A MUCH MORE ROBUST, UM, OUTREACH EFFORT.
ANYBODY ELSE HAVE COMMENTS OR QUESTIONS? COMMISSIONER THOMPSON? I, I CAN'T SEE YOU NOW, BUT, UM, DO YOU HAVE ANY QUESTIONS FOR LIZ RELATED TO THIS AGENDA ITEM? NO, I CAN SEE YOU GUYS AND I CAN HEAR YOU AS WELL, AND I HAVE NO QUESTION.
UM, YEAH, PLEASE KEEP US UPDATED AS THINGS PROGRESS.
UM, AND YEAH, I THINK WE'RE READY TO GO
[3. Update on Bull Creek PUD Amendment #3, Case No. C814-2009-0139.03—Liz Johnston, Deputy Environmental Officer, Watershed Protection Department (5 minutes)]
ON TO THE NEXT AGENDA.ITEM NUMBER THREE, WHICH LUCKY FOR YOU IS ALSO YOU, UM,
SO THE BULL CREEK POD, UH, AMENDMENT NUMBER THREE UPDATE, PLEASE.
AND THIS IS JUST AN UPDATE SINCE THIS, UH, BULL CREEK POD WAS ONE OF THE MORE SUBSTANTIAL PODS THAT THIS, UH, BODY HAS, UM, WEIGHED IN ON RECENTLY.
UM, SO THIS WAS RECOMMENDED BY, UH, ENVIRONMENTAL COMMISSION ON AUGUST, AUGUST 3RD.
AND I, UM, JUST WANTED TO BRING AN UPDATE THAT IT WAS APPROVED BY CITY COUNCIL ON NOVEMBER 3RD AND DID INCORPORATE MANY OF THE RECOMMENDATIONS FROM ENVIRONMENTAL COMMOTION, ESPECIALLY RELATED TO CFS AND SOUND AND RECYCLING FACILITIES.
IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER OR WE CAN MOVE ON.
DO YOU HAVE ANY QUESTIONS ON THAT, GUYS? JUST WHICH ONE WAS THAT? THAT WAS THE BO CREEK POD.
RIGHT THERE ALONG THE, ALONG THE WATER.
WE'RE MOVING ON TO, UH, PUBLIC HEARING AGENDA ITEM
[4. Name: 1703 N River Hills Road Marina Reconstruction, SP-2022-0167D (30 minutes)]
NUMBER FOUR, UH, 1703 NORTH RIVER HILLS ROAD MARINA RECONSTRUCTION, AND THERE'S TWO ELEMENTS TO THIS, UM, BUT BOTH UNDER S P 2020 OR 2020 2 1 67 D UM, DO WE HAVE A STAFF PRESENTATION FIRST AND MAYBE WE'LL HEAR FROM THE APPLICANT.AND WE HAVE A HANDFUL OF, UH,
SO LET'S, LET'S GO MAYBE WITH STAFF.
IS THAT PAMELA, RIGHT? MM-HMM.
[00:10:01]
CAN YOU HEAR ME? I'M WAITING FOR THE PRESENT.
I THINK, I THINK, DO YOU HAVE A PRESENTATION AS WELL? OKAY.
HOPEFULLY YOU CAN SEE IT WHEN IT'S UP, BUT IT'S NOT QUITE UP YET.
GOOD EVENING, UH, COMMISSIONERS.
I AM PAMELA, A ENVIRONMENTAL PROGRAM COORDINATOR WITH THE DEVELOPMENT SERVICES DEPARTMENT.
TONIGHT I AM MIRANDA REINHARDT, ENVIRONMENTAL SCIENTIST SENIOR AND WATERSHED PROTECTION.
WILL BE PRESENTING TWO VARIANCES FOR THIS SITE.
THE NAME OF THE PROJECT IS 1703 NORTH RIVER HILLS ROAD MARINA RECONSTRUCTION.
THE ADDRESS IS 1703 RIVER HILLS ROAD, 78 7 3 3.
AND THE CASE NUMBER S P 20 22 0 1 6 7 D.
DIDN'T WORK WHEN I HIT IT ON MY COMPUTER.
UM, SO THE PROJECT IS LOCATED IN WEST AUSTIN.
ON LAKE AUSTIN, THE YELLOW STAR OFF TO THE LEFT THERE OUTSIDE OF 360.
THE UH, SITE IS LOCATED IN THE LAKE AUSTIN WATERSHED, WHICH IS CLASSIFIED WATER SUPPLY RURAL.
IT'S IN THE DRINKING WATER PROTECTION ZONE.
IT'S IN FULL AND LIMITED PURPOSE JURISDICTIONS.
THERE ARE NO CREEK OR CREEK BUFFERS, UH, CREEKS OR CREEK BUFFERS.
THERE ARE TWO WETLAND CRITICAL ENVIRONMENTAL FEATURES AND, UH, THERE'S ALSO THE LAKE AUSTIN CRITICAL WATER QUALITY ZONE BUFFER ON THE SITE.
THE SITE IS IN COUNCIL DISTRICT 10.
NEXT, THERE ARE, AS I SAID, TWO VARIANCE REQUESTS.
ONE IS 25 TO VARIANCE REQUESTS, 2 25 8 2 61 WATER QUALITIES AND DEVELOPMENT.
TWO, ALLOW DEVELOPMENT OF A GASOLINE FUEL LINE WITH A DISPENSER AT THE DOCK FOR REFUELING PRIVATE BOATS IN THE CRITICAL WATER QUALITY ZONE OF LAKE AUSTIN.
THE SECOND VARIANCE, WHICH MIRANDA REINHART WILL PRESENT IS TO 25 8 360 8.
ITS ON DEVELOPMENT IMPACTING LAKE AUSTIN, LADYBIRD LAKE, AND LAKE WALTER E. LONG TO ALLOW MORE THAN 25 CUBIC YARDS OF FRE IN LAKE AUSTIN.
NEXT, SO VARIANCE ONE TO ALLOW THE GASOLINE FUEL LINE WITH THE DISPENSER, THE DOCK FOR FUELING REFUELING PRIVATE BOATS.
NEXT, THIS IS THE, UH, SHEET FROM THE SITE PLAN, UH, THAT SHOWS, UH, A DIAGRAM OF THE PLAN, UH, THE, TO ORIENT YOU NORTH IS UP.
THE DRAWING PART IN GRAY IS THE, UH, PROPOSED MARINA SLIPS FOR THE BOAT DOCKS.
THE RED LINE ON THE LEFT SHOWS THAT THERE IS A, A CLIFF OF ROUGHLY 10 FEET HEIGHT IN, UH, IT'S MANMADE CLIFF ON, ON THE LEFT THERE, OR KIND OF IN THE MIDDLE OF THE SCREEN.
UM, NEXT THERE, UH, THE CRITICAL WATER QUALITY ZONE SETBACK IS SHOWN HERE IN, UH, IN BLUE, UH, DOTTED LINES, BUT DASH LINE NEXT, THE WETLANDS, AND THERE'S A WETLAND AND A CLUSTER OF TREES ON THE SHORELINE THERE.
NEXT, UH, OKAY, CAN YOU THANK
THE FUEL LINE LAYOUT, THE TANK IS OVER ON THE LEFT SIDE OF YOUR SCREEN NEXT TO THE DRIVEWAY.
UH, THE PIPE IN, UH, THE FUEL PIPE OR FUEL LINE GOES ABOVE GROUND UNTIL IT GETS TO THAT CLIFF.
IT GOES OVER THE CLIFF AND THEN PROCEEDS UNDERGROUND OUT TO THE DOCK WHERE IT WILL BE DISPENSED.
NEXT, THE CURRENT LAYOUT BACK PLEASE, LIKE ONE MORE.
OH, WELL, ANYWAY, WE, UH, FUEL LINE DOES AVOID A WETLAND OVER THERE ON THE RIGHT NEXT, WHAT'S GOING ON WITH THE PRESENTATION TONIGHT? NEXT.
UH, AND, UH, BUT IT DOES GO THROUGH.
IT DOES GO THROUGH A CLUSTER OF TREES.
[00:15:02]
WE KEEP GOING.UM, IF YOU CAN HEAR ME, I'D LIKE TO, I WANNA DO THIS.
SHOULD WE BACK UP AND JUST START OVER AND TRY TO GET IT WHERE WE WANT IT? UH, ACTUALLY YOU'LL JUST GO A FEW FORWARD TO THE PLACE.
UH, NO, GO FORWARD TO THE SPOT WHERE WE START WITH THE FUEL LINE.
SO, UM, SO WE HAVE A FUEL LINE ON THE LEFT.
IT GOES, UH, ACROSS THE SITE, UH, OVER THE CLIFF AND UNDERGROUND.
UH, THERE, THERE'S OVERLAND AND UNDERGROUND.
UH, IT AVOIDS THE WETLAND THERE ON, YOU CAN SEE ON THE RIGHT, ON THE SHORE.
UH, NEXT PLEASE, AND, UH, BUT IT DOES GO RIGHT THROUGH THIS CLUMP OF CLUSTER OF TREES.
I DO WANT TO MENTION THE RAW WATER INTAKE FOR TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER 20.
THEY HAVE, THE DISTRICT HAS A WATER TREATMENT PLANT ON THE SITE DIRECTLY ADJACENT TO THE PROPOSED MARINA, THE, THE VARIANCE SITE, AND ABOUT 800 FEET DOWNSTREAM FROM THAT, THERE IS THE WALL WATER INTAKE THAT THAT TAKES IN THE WATER FOR THAT TREATMENT PLANT.
SO, THIS TREATMENT PLANT TYPICALLY TREATS APPROXIMATELY A MILLION GALLONS OF WATER A DAY.
UH, THE OVERWHELMING MAJORITY OF THE WATER TREATED AND DISTRIBUTED BY THE DISTRICT IS USED BY RESIDENTS FOR DRINKING WATER AND OTHER TYPICAL DOMESTIC USES.
THE DISTRICT PROVIDES POTABLE WATER FOR APPROXIMATELY 300 HOMES, WHICH COMES TO ABOUT 1,100 PEOPLE.
THE DISTRICT COVERS ABOUT 1038 ACRES, AND THE DISTRICT CONTRACTS, CONTRACTS WITH THE LCR TO PURCHASE WALL WATER AND RELIES EXCLUSIVELY ON LAKE AUSTIN AS ITS SOURCE FOR, UH, POTABLE WATER.
SO, THE VARIANCE RECOMMENDATIONS STAFF DETERMINES THAT THE FINDINGS OF FACT HAVE NOT BEEN MET VARIANCES HAVE NOT BEEN, UH, VARIANCES HAVE NOT BEEN GRANTED FOR PROJECTS WITH, UH, SIMILAR CODE REQUIREMENTS.
THE MOST RECENT, UH, SIMILAR PROJECT HAVING BEEN, UM, PERMITTED BACK IN 1985.
THE VARIANCE IS NECESSITATED FEEL BY THE APPLICANT'S DESIGN CHOICE, AND IT DOES NOT, OF COURSE, PROVIDE GREATER OVERALL ENVIRONMENTAL PROTECTION.
THE VARIANCE IS NOT THE MINIMUM DEVIATION NECESSARY TO ALLOW REASONABLE USE OF THE PROPERTY, BECAUSE THE MARINA AND THE, UH, ZONING, WHICH ALLOWS A BUSINESS THERE WOULD PROVIDE REASONABLE USE OF THE PROPERTY, THE VARIANCE DOES CREATE A SIGNIFICANT PROBABILITY OF HARMFUL ENVIRONMENTAL CONSEQUENCES FROM LEAKAGE OF FUEL.
FINALLY, THE WATER QUALITY WILL NOT BE EQUAL TO OR BETTER THAN WATER QUALITY WITHOUT THE VARIANCE.
THAT'S THE END OF THAT VARIANCE.
I NOW TURN IT OVER TO MY COLLEAGUE MIRANDA.
IS THAT ON? SEE THAT? LET'S SEE THAT.
MY NAME IS MARIA MIRANDA REINHARDT, AND I'M AN ENVIRONMENTAL SCIENTIST SENIOR IN THE WATERSHED PROTECTION DEPARTMENT.
AND I AM THE WETLAND BIOLOGIST REVIEWER FOR THIS CASE.
AND I'LL BE PRESENTING THE VARIANCE FOR DREDGING MORE THAN 25 CUBIC YARDS IN LAKE COST.
IF YOU GO TO THE, IF YOU GO TO THE PODIUM, PLEASE.
UM, SO THIS PROJECT IS PROPOSING TO MODIFY AN EXISTING MARINA BUILT IN 19 BUILT PRIOR TO 1965.
THE EXISTING 21 SLIP MARINA IS SHOWN IN, HIGHLIGHTED IN BLUE, AND THEN THE PROPOSED 16 SLIP MARINA IS SHOWN, HIGHLIGHTED IN YELLOW.
THE CLIPPED PLAN SET IMAGE IN THE CENTER IS SHOWCASING HOW THE EXISTING AND PROPOSED MARINA OVERLAP AND THE EXISTING FOOTPRINT IS OUTLINED IN LAVENDER.
UM, THE PROJECT PROPOSES TO REPLACE A MALFUNCTIONING EXISTING 21 SLIP MARINA WITH 16 CODE COMPLIANT SLIPS WITHIN THE EXISTING FOOTPRINT AND CODE ALLOWS FOR CONSTRUCTION OF A MARINA AND ALLOWS FOR THE MODIFICATION AND MAINTENANCE OF NON-COMPLIANT DOCKS.
[00:20:02]
LDC 25 8 360 8 E ALLOWS UP TO 25 CUBIC YARDS OF DREDGE IN THE LAKE FOR A SINGLE SITE PLAN PERMIT APPLICATION.AND EACH SITE PLAN TYPICALLY CONTAINS ONE TO TWO BOAT SLIPS.
SO THIS PROJECT IS PROPOSING 6.1 CUBIC YARDS OF DREDGE PER BOAT SLIP FOR A TOTAL OF 97.4 CUBIC YARDS OF DREDGE.
IF THIS PROJECT CAME IN AS 16 SEPARATE SITE PLANS FOR 16 SEPARATE BOAT SLIPS AND PROPOSED 25 CUBIC YARDS OF DREDGE PER BOAT SLIP, THEN IT WOULD BE A TOTAL OF 400 CUBIC YARDS OF DREDGE.
THE QUANTITY OF DREDGE PER BOAT SLIP AND OVERALL TOTAL IS MUCH LESS THAN ALLOWED PER CODE IF THIS WAS FILED AS 16 SEPARATE, UH, SITE PLANS, THE VARIANCE IS REQUIRED TO ALLOW AQUA A QUANTITY OF DREDGING THAT IS DICTATED BY THE NUMBER OF BOAT SLIPS AND IS LESS PER BOAT SLIP, APPROXIMATELY 6.1 CUBIC YARDS THAN THE QUANTITY OF DREDGING ALLOWED BY CODE FOR A SINGLE BOAT SLIP OF 25 CUBIC YARDS.
SO, SIMILAR VARIANCES HAVE BEEN GRANTED FOR PROJECTS WITH SIMILAR CODE REQUIREMENTS.
AN EXAMPLE OF A SIMILAR PROPERTY IS WEST HARBOR MARINA, UM, SITE PLAN NUMBER S P 20 18 0 2 2 1 C.
THIS PROJECT PROPOSED TO REPLACE AN EXISTING 28 SLIP, UH, MARINA WITH 26 CODE COMPLIANCE SLIPS WITHIN THE EXISTING FOOTPRINT.
THIS PROJECT WAS GRANTED A VARIANCE IN 2019 TO DREDGE APPROXIMATELY 16 CUBIC YARDS PER BOAT SLIP FOR A TOTAL OF 422 CUBIC YARDS.
THE 1703 NORTH RIVER HILLS ROAD MARINA RECONSTRUCTION VARIANCE APPLICATION PROPOSES TO DREDGE ONLY 6.1 CUBIC YARDS PER SLIP FOR A TOTAL OF 97.4 CUBIC YARDS.
SO AS YOU CAN SEE, THE AMOUNT OF DREDGE PROPOSED FOR THE SIMILAR VARIANCE IS MUCH LESS THAN, UH, LESS PER SLIP.
UM, IN ADDITION TO THE REQUIRED WETLAND MITIGATION AND BULKHEAD MITIGATION PLANTINGS, THE APPLICANT IS INSTALLING A SEDIMENT BOOM OR TURBIDITY CURTAIN TO MINIMIZE SEDIMENT DISTURBANCE.
AND THIS IS OUTLINED IN PURPLE.
THE APPLICANT IS ALSO INSTALLING TEMPORARY ORANGE CONSTRUCTION FENCING AROUND THE ENTIRE BOUNDARIES OF THE WETLAND CRITICAL ENVIRONMENTAL FEATURE OR C F, UM, NOT INCLUDED IN THE LIMITS OF CONSTRUCTION OR L O C TO PREVENT ENCROACHMENT WITHIN THE WETLAND C F AND THE WETLAND IS OUTLINED IN GREEN HERE, AND THE TEMPORARY ORANGE CONSTRUCTION FENCING IS OUTLINED IN ORANGE.
AND THEN THE APPLICANT IS ALSO PROVIDING ADDITIONAL WETLAND PLANTINGS, WETLAND MITIGATION PLANTINGS IN THE WATER ALONG THE SHORELINE, WHICH IS SHOWN IN LIGHT BLUE.
IN ADDITION TO THE REQUIRED 301 WETLAND MITIGATION PLANTINGS AND BULKHEAD MITIGATION PLANTINGS, THE APPLICANT IS PROVIDING 32 ADDITIONAL WETLAND MITIGATION PLANTINGS OF AMERICAN WATER WILLOW, OR JUST TO SEE A, UH, AMERICANA GIANT CUT GRASS OR SIS MILLI ACA OR OTHER HERBIVORE RESISTANT OBLIGATE WETLAND SPECIES THAT ARE EMERGED IN THE WATER ALONG THE SHORELINE.
THE WETLAND, AGAIN, IS OUTLINED IN GREEN HERE.
THE, UH, REQUIRED WETLAND AND BULKHEAD MITIGATION PLANTINGS ARE OUTLINED IN DARK BLUE, AND THEN THE ADDITIONAL WETLAND MITIGATION PLANTINGS ARE OUTLINED IN LIGHT BLUE.
SO, SIMILAR VARIANCES HAVE BEEN GRANTED FOR PROJECTS WITH SIMILAR CODE REQUIREMENTS AND SIMILAR CIRCUMSTANCES TO ALLOW REHABILITATION AND OR REPLACEMENT OF THE, OF AN EXISTING MARINA.
UH, THE VARIANCE IS NECESSITATED BY TOPOGRAPHIC FEATURES NOT DESIGN CHOICE.
THE AMOUNT OF DREDGE REQUESTED IS THE MINIMUM AMOUNT NEEDED TO MAINTAIN, MAINTAIN AN EXISTING MARINA AND ALLOW NAVIGABLE CLEARANCE FOR THE BOAT.
THE VARIANCE IS ALSO THE MINIMUM DEVIATION FROM CODE.
THE CODE ALLOWS UP TO 25 CUBIC YARDS OF DREDGING ASSOCIATED WITH CONSTRUCTION OF A SINGLE SLIP DOCK.
THE PROPOSED D DREDGE NECESSARY TO BUILD A NAVIGABLE 16 SLIP DOCK WITHIN THE EXISTING BOAT DOCK IS FAR LOWER, 6.1 CUBIC YARDS PER SLIP THAN THE DREDGE ALLOWED 25 CUBIC YARDS PER SLIP.
IF THE BOAT DOCK WAS PERMITTED ON A SLIP BY SLIP BASIS, THE VARIANCE IS UNLIKELY TO RESULT IN HARMFUL ENVIRONMENTAL CONSEQUENCES.
A SEDIMENT BOOM WILL BE INSTALLED PRIOR TO CONSTRUCTION AND MAINTAIN FOR THE DURATION OF THE PROJECT TO MINIMIZE DISCHARGES TO THE LAKE.
AND DENYING D DREDGE TO A NAVIGABLE DEPTH POTENTIALLY HARMS THE WATER QUALITY OF THE LAKE DUE TO TURNING OF THE LAKE BED BY BOATS LEAVING SEDIMENT LADEN WATER IN THE LAKE, WATER QUALITY WOULD BE EQUAL TO OR BETTER THAN WATER QUALITY WITHOUT THE VARIANCE.
DREDGING IS NECESSARY TO ELIMINATE THE TURNING OF THE LAKE BED BY BOAT TRAFFIC LEADING TO SEDIMENT LADEN LAKE WATER.
THERE WILL BE A REPLACEMENT OF THE BULKHEAD THAT IS CURRENTLY ALLOWING SEDIMENT TO ENTER LAKE AUSTIN WETLAND MITIGATION, BULKHEAD MITIGATION TREE PROTECTION, AND THE INSTALLATION OF TEMPORARY ORANGE CONSTRUCTION FENCING AROUND THE WETLAND C F WILL POSITIVELY IMPACT WATER QUALITY ADDITIONAL WETLAND PLANTINGS, AND PROTECTING THE WETLANDS
[00:25:01]
C F WILL POSITIVELY IMPACT WATER QUALITY.SO STAFF RECOMMENDS THIS VARIANCE WITH THE FOLLOWING CONDITIONS.
ONE, INSTALL THE SEDIMENT BOOM TO MINIMIZE SEDIMENT DISTURBANCE.
TWO, INSTALL TEMPORARY ORANGE CONSTRUCTION FENCING AROUND THE WETLAND C F NOT INCLUDING THE L O C TO PREVENT ENCROACHMENT INTO THE WETLAND C F.
AND THEN THREE, PROVIDE ADDITIONAL WETLAND MITIGATION BEYOND THE REQUIREMENTS FOR WETLANDS.
32 PLANTINGS OF HERBIVORE RESISTANT OBLIGATE WETLANDS SPECIES THAT ARE EMERGED IN THE WATER ALONG THE SHORELINE.
SO ANY QUESTIONS? LET'S GO AHEAD.
LET'S GO AHEAD AND HEAR FROM THE APPLICANT AND THEN, UM, I THINK WE'LL MAYBE OPEN IT UP FOR QUESTIONS FOR BOTH STAFF AND, UH, AND THE APPLICANT, IF YOU WOULDN'T MIND IT, IT, IT MAKES IT EASIER FOR THE AV GUYS, SO YOU CAN BE ON CAMERA.
YOU MAY NEED TO HIT THE BUTTON ON THE MIC TO WHERE THE GREEN LIGHT TURNS ON.
UH, GOOD EVENING, CHAIR AND COMMISSIONERS.
I'M JANICE SMITH, THE ENGINEER OF RECORD FOR 1703 NORTH RIVER HILLS ROAD MARINA RECONSTRUCTION, AKA THE PIER NAEL MEAD OF HUSH BLACKWELL IS THE OWNER'S REPRESENTATIVE AND THE CO-APPLICANT ON THESE VARIANTS APPLICATIONS.
WE'RE HERE TONIGHT REQUESTING YOUR SUPPORT FOR OUR VARIANCE APPLICATIONS FOR DREDGE MORE THAN 25 CUBIC YARDS AND A SECOND VARIANCE TO ALLOW A FUEL LINE AND PUMP IN THE CRITICAL WATER QUALITY ZONE.
ATTENDING THE MEETING WITH US IS THE PROJECT TEAM COMPOSED OF ENGINEERS ASSEMBLED FROM NEAR AND FAR TASKED WITH DESIGNING THE FUELING STATION.
THAT'S THE SUBJECT OF THEIR CRITICAL WATER QUALITY ZONE VARIANTS.
THEY'RE LEADERS IN THEIR FIELDS WITH AN AVERAGE OF 30 YEARS OF EXPERIENCE IN THEIR PRACTICE AREAS.
ELLE AND I ARE FORTUNATE TO HAVE THEM ON THE TEAM.
THE PROPOSED PROJECT SITE FORMALLY THE SITE OF THE PIER RESTAURANT SHOWN HERE IN ITS HEYDAY, CONTAINS AN ABANDONED RESTAURANT PAVED DANCE FLOOR AND STAGE PARKING LOT BULKHEAD EXISTING 18 SLIP MARINA, THE NORTH DOCK, AND A NON OPERATIONAL FUELING STATION WITH THREE SLIPS.
PRIOR TO 1965, THE PEER HAD BEEN OPEN IN ONE FORM OR ANOTHER FROM THE 1920S TO 2005.
THE CONDITION OF BOTH DOCS IS PERILOUS.
THE DOCKS WERE RED TAGGED IN APRIL, 2019, AND A SITE PLAN IS REQUIRED TO RECONSTRUCT THE DOCKS.
THE PROPOSED PROJECT WILL RECONSTRUCT THE DOCKS, BULKHEAD AND A FUELING STATION.
THE NORTH DOCK, WE HAVE 13 SLIPS IN THE SOUTH DOCK, WILL HAVE THE CAPACITY TO MORE THREE BOATS BY TODAY'S PERMITTING REQUIREMENTS.
THE OLD STRUCTURES WERE A 21 SLIP MARINA.
THE REPLACEMENT DOCK WILL REDUCE THE NUMBER OF SLIPS BY FIVE TO 16 SLIPS AND WILL REPLACE THE EXISTING STRUCTURES WITH CODE COMPLIANT DOCKS WITHIN THE EXISTING FOOTPRINTS.
THE PROJECT ALSO INCLUDES IN INSTALLATION OF A BULKHEAD DESIGNED TO PROTECT AND PRESERVE THE TREES ON SITE.
THE FIRST VARIANCE APPLICATION ON THE AGENDA IS FOR DEVELOPMENT AND THE CRITICAL WATER QUALITY ZONE.
SO I'LL ADDRESS THAT ONE FIRST.
WE'RE, UM, WE, YEAH, THERE MIGHT BE SEVERAL SLIDES FOR IT.
I THINK YOU NEED TO GO BACK ABOUT THREE SLIDES.
THAT ONE, LAKE AUSTIN IS 21 MILES LONG, BUT ONLY HAS ONE GAS STATION ON THE LAKE.
IT'S THE WHOLE AERIAL OF THE LIGHT.
ACTUALLY FORWARD TWO THREE SLIDES FORWARD FROM THERE.
NO, IT WAS THE AERIAL BACK ONE BACK ONE, PLEASE.
YES, THERE ON THE LAKE, IT'S ABOUT A HALF MILE FROM TOM MILLER DAM, THE DOWNSTREAM END OF LAKE AUSTIN.
THE PIER IS LOCATED EIGHT MILES UPSTREAM OF THE LAKE AUSTIN MARINA, PRETTY CLOSE TO THE MIDPOINT OF THE LAKE.
THE PIER FUEL BOATS FROM THE FIFTIES UNTIL 2005 AND THE UNDERGROUND STORAGE TANK WAS REMOVED IN 2008.
CURRENTLY, UPSTREAM BOAT OWNERS CAN EITHER BOAT DOWN TO THE GAS STATION, WHICH IS FOUR MILES DOWNSTREAM OF THE LOOP 360 BRIDGE, OR THEY CAN FILL UP THEIR BOATS USING INDIVIDUAL GAS CANS.
THERE'S A MOBILE FUELING SERVICE THAT USES THE PORTABLE GAS CANS AS WELL.
CITY STAFF SITES CONCERNED ABOUT FUELING BOATS IN THE WATER AS A REASON THAT THEY DON'T SUPPORT THE VARIANCE THAT'S HAPPENING RIGHT NOW AS BOTH THE PERSONAL AND COMMERCIAL ENTERPRISE.
AND IT APPEARS TO BE TOTALLY UNREGULATED UPSTREAM.
ACCESS TO FUEL COULD BE PROVIDED BY A FUEL FUEL STATION IN THAT STRETCH OF THE LAKE.
THERE ARE WATER AND AIR EMISSIONS ASSOCIATED WITH EVERY FUELING SCENARIO.
WE COMPARED THE EMISSIONS VIA PORTABLE GAS CANS VERSUS A FUELING STATION.
WE WERE SURPRISED JUST HOW DIFFERENT THEY ARE.
THE DATA USED IN OUR ANALYSIS WAS SOURCED FROM STUDIES PUBLISHED BY THE AMERICAN PETROLEUM
[00:30:01]
INSTITUTE IN ERG.THE FORMER PROVIDED DATA ON AIR EMISSIONS AND FUEL SPILLS AT GAS STATIONS, AND THE LADDER PROVIDED DATA ON EMISSIONS RESULTING FROM THE USE OF PORTABLE GAS CANS.
NEXT SLIDE, THEN WE COMPARED THE SPILLS AND AIR EMISSIONS FROM EACH SCENARIO AND THE RESULTS WERE SHOWN ON THIS SLIDE.
PORTABLE GAS CANS PRODUCE 18 AND 20 TIMES MORE WATER AND AIR EMISSIONS RESPECTIVELY THAN DOES A FUEL PUMP.
BEAR IN MIND, THE PORTABLE GAS CANS IN THE STUDY ARE FIVE GALLONS.
WHILE A CONSERVATIVE ASSUMPTION OF THE SIZE OF A BOAT TANK IS AROUND 50 GALLONS, THE PORTABLE CANS COULD REQUIRE NINE FILLS NOT ACCOUNTED FOR IN THIS TABLE TO FILL THE TANKS TO THE REC AMENDED CAPACITY OF 90%.
THE GAS PUMP CAN FILL A GAS TANK IN ONE A FILL THAT WILL BE COMPLETED BY A TRAINED ATTENDANT EDUCATED IN THE SPECIFICS OF MANAGING A SPILL.
PREVENTION FOR CONTROL AND COUNTER MEASURES.
YOU WERE WHERE WHEN WE NEED TO GO BACK.
THE SPILLS WILL GO STRAIGHT INTO THE LAKE.
LAKE AUSTIN, THE SOURCE OF WATER FOR BOTH PUBLIC ENTITIES AND PRIVATE HOMEOWNERS.
THE CONTRACTS FOR THE PUBLIC CUSTOMERS WITH INTAKES UPSTREAM OF THE LOOT 360 BRIDGE ALONE, TOTAL 26,662 ACRE FEET PER YEAR.
CITY STAFF ALSO EXPRESSES CONCERN ABOUT THE LOCATION OF THE W C I D NUMBER 20 WATER INTAKE AS IT RELATES TO THE PEERS LOCATION.
THE W C I D INTAKE IS ABOUT 730 FEET DOWNSTREAM, THE PROPOSED GAS PUMP LOCATION WITH AN LC WATER CONTRACT OF 534 ACRE FEET PER YEAR.
THE DESIGN TEAM WILL LOOK CLOSELY AT POSSIBLE SPILL SCENARIOS AND MODEL THE EFFECT OF THE SPILLS ON THE INTAKE.
NEXT LINE, TCEQ SPILL REPORTS ON LAKE AUSTIN WERE ANALYZED AND THE LARGEST SPILL REPORTED ON THE LAKE WAS THREE GALLONS AND OCCURRED IN 2013.
THE DESIGN TEAM FORMULATED A WORST CASE SPILL SCENARIO BASED ON THE FUEL SYSTEM DESIGN PARAMETERS, INCLUDING THE BELT AND SUSPENDERS APPROACH TO SAFETY MEASURES.
THIS SPILL 35 GALLONS WAS MODELED.
THE RESULTS SHOWED THAT THE BENZENE LEVEL, THE CONSTITUENT MOST PREDICTIVE OF FUEL CONTAMINATION REMAINED BELOW REPORTABLE LIMITS IN THE WORST CASE SCENARIOS SPILL.
UH, THE PIER WAS AT THIS LOCATION FOR DECADES PRIOR TO THE 1983 PERMITTING OF THE W C I D WATER INTAKE.
THE TCEQ REGULATES THE LOCATION OF RAW WATER INTAKES.
THEY'RE CODE GOVERNING THE RULES AND REGULATIONS FOR PUBLIC WATER SYSTEM STATES.
RAW WATER INTAKES SHALL NOT BE LOCATED WITHIN A THOUSAND FEET OF BOAT, LAUNCHING RAMPS, MARINAS DOCKS, OR FLOATING FISHING PIERS, WHICH ARE ACCESSIBLE BY THE PUBLIC.
THE SECOND PROVISION IS A, A COMPLETE 200 FOOT RESTRICTION ON ANY, UM, RECREATIONAL ACTIVITY WITHIN THE AN INTAKE.
THE DISTRICT SOUGHT AND RECEIVED A VARIANCE TO CONSTRUCT THE INTAKE CLOSER THAN A THOUSAND FEET TO THE PIER MARINA, WHICH WAS A FULLY OPERATING GAS STATION IN 1983.
THIS SLIDE SHOWS A LETTER, OH, SORRY.
THIS SLIDE SHOWS A LETTER THAT THE WATER DISTRICT'S PRESIDENT WROTE IN OPPOSITION TO A PREVIOUSLY PLANNED REDEVELOPMENT OF THE PEER SITE.
AND THE HIGHLIGHTED PARAGRAPH EXPLAINS THEIR RATIONALE FOR LOCATING THE INTAKE SO CLOSE TO THE PIER.
THE DISTRICT'S RAW WATER INTAKE FACILITY IS APPROXIMATELY 800 FEET DOWNSTREAM OF THE PIER AT THE TIME THE DISTRICT CONSTRUCTED ITS FACILITIES.
AND UNTIL RECENTLY, THE PIER PROVIDED DOCKING FOR APPROXIMATELY 19 VOTES.
IN 1983, THE DISTRICT'S DEVELOPERS APPLIED FOR AND RECEIVED APPROVAL OF AN EXCEPTION TO LAX FACILITIES WITHIN A THOUSAND FEET OF GASOLINE FACILITIES BASED UPON THE LIMITED USE OF THE PEERS BOATING ACTIVITIES.
AT THAT TIME, THE DISTRICT'S ENGINEER AND THE STAFF OF THE TEXAS HEALTH DEPARTMENT CONCLUDED THAT THE EXCEPTION WAS REASONABLE CLOSE QUOTE, AND THEY WERE RIGHT.
THERE'S NO AVAILABLE DATA SHOWING AN ELEVATED BENZENE LEVEL AT W C I D.
NUMBER 20, WHEN THE PI GAS STATION WHAT'S IN USE WITH FIVE MORE SLIPS THAN ARE PROPOSED FOR THIS PROJECT.
A SINGLE OLD UNDERGROUND STORAGE TANK WITH NO LEAK DETECTION AND A BUSY RESTAURANT AND LIVE MUSIC VENUE ON SITE, THE PROPOSED DOT CAPACITY IS LESS OF THE CAPACITY OF THE PRIOR DOCK.
THE FUEL SYSTEM FEATURING AN ABOVE GROUND STORAGE TANK IS DESIGNED TO MEET OR EXCEED 2022 ENVIRONMENTAL REGULATIONS AND BEST PRACTICES.
AND THE STATION WILL BE ATTENDED BY TRAINED TECHNICIAN CAPABLE OF EXECUTING AN SP C IF NEEDED.
THE GAS PUMP WILL GREATLY REDUCE AIR EMISSIONS AS WELL AS WATER EMISSIONS IN THE ALMOST 27,000 ACRE FEET OF WATER THAT SOLD ANNUALLY TO PUBLIC ENTITIES IN THEIR RESIDENCE, INCLUDING THE 534 ACRE FEET OF WATER THAT SOLD TO THE W C I D NUMBER 20.
THE PROJECT TEAM CAN'T FORESEE A CIRCUMSTANCE THAT IT WOULD ENDANGER THE WATER INTAKES NEARBY.
ACCORDING TO THE SCIENCE, A FUELING STATION AT 1703
[00:35:01]
NORTH RIVER HILLS ROAD IS AN ENVIRONMENTAL WIN.NOW, I WAS GONNA TURN TO THE DREDGE VARIANCE, BUT HONESTLY, MIRANDA SAID EVERYTHING I WAS GONNA SAY.
IF YOU WE'RE ALL HERE, OH, WAIT A MINUTE.
I GOTTA SKIP TO MY LAST PARAGRAPH.
UM, NAEL MEAD AND MICAH KING OF HUSH BLACKWELL.
MICHAEL VIC OIL SPILL MODELER OF M RICK BERRY FUEL SYSTEM DESIGNER OF CDS MUR, QUENTIN MCNULTY ENVIRONMENTAL EN ENVIRONMENTAL EN ENGINEER OF SQL ENVIRONMENTAL.
AND I ARE HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
LET'S MAYBE GO AROUND THE HORN HERE AND YOU PROBABLY SHOULD JUST SIT CLOSE BY, BUT, BUT NOT, WHAT'S THAT? OH, WE GOT PUBLIC SPEAKERS.
YEAH, PLEASE SIT CLOSE BY AND THEN WE WILL, UH, GO THROUGH THE PUBLIC SPEAKERS.
YOU EACH SHOULD HAVE THREE MINUTES UNLESS ANY OF YOU ALL ARE YIELDING YOUR TIME.
UM, AND WE'LL KEEP YOU, UH, POSTED ON HOW YOUR TIME'S GOING.
UH, FIRST UP WE HAVE GREG GREASON.
IF YOU WOULDN'T MIND, JUST COME UP TO THE PODIUM, MAKE SURE THAT LIGHT, THAT GREEN LIGHT'S ON.
UM, STATE YOUR NAME AND IF YOU HAVE A PRESENTATION, WE CAN TEE IT UP.
OTHERWISE, WHEN YOU START TALKING, YOUR TIME STARTS.
YEAH, I DIDN'T SEND ANY SLIDES, BUT I DID SEND YOU, UH, COMMISSIONERS A COUPLE OF EMAILS WITH, UH, SOME VISUALS.
THANKS FOR THE OPPORTUNITY TO SPEAK TO ABOUT THE VARIANCE REQUESTS RELATING TO THE REDEVELOPMENT OF THE PURE PROPERTY.
I EMAILED YOU THESE TWO DOCUMENTS EARLIER THIS AFTERNOON, SO I HOPE YOU HAVE A, UH, YOU HAD A CHANCE TO GLANCE AT THOSE.
I'LL COME BACK TO THESE LATER.
I'M OPPOSED TO THE GRANTING OF BOTH VARIANCES BEING CONSIDERED.
I WILL FOCUS PRIMARILY, UH, SORRY.
UH, I WILL FOCUS PRIMARILY ON THE SECOND ONE THAT THE, THE GASOLINE FACILITIES.
I'VE SERVED ON THE BOARD OF DIRECTORS OF TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER 20.
FOR 15 YEARS, I WAS ELECTED PRESIDENT OF THE BOARD IN 20, PROVIDING DRINKING WATER SINCE THE MID 1980S TO THE ROBROY AREA.
WE HAVE OVER 300 FAMILIES AND NUMEROUS BUSINESSES THAT DEPEND ON OUR DISTRICT FOR THE DRINKING WATER.
AS PAMELA EXPLAINED, LAKE AUSTIN IS THE SOURCE OF OUR RAW WATER FOR OUR TREATMENT PLANT, WHICH IS IMMEDIATELY ADJACENT TO THE PURE PROPERTY.
WE OPERATE OUR RAW WATER INTAKE ABOUT 730 FEET DOWNSTREAM OF THE PURE PROPERTY RIGHT ACROSS FROM ELONG METROPOLITAN PARK.
WE ARE CONCERNED ABOUT GASOLINE SALES OCCURRING IN CLOSE PROXIMITY TO OUR RAW WATER INTAKE.
OUR DISTRICT ENGINEERS HAVE EXPRESSED HEALTH AND SAFETY CONCERNS RELATING TO THE POSSIBILITY OF CONTAMINATION IN THE DISTRICT'S WATER SUPPLY THAT COULD RESULT FROM AN ACCIDENT AT THE PROPOSED GAS FACILITIES.
WHILE THE DISTRICT REGULARLY UNDERTAKES WATER QUALITY TESTING AT OUR WATER PLANT AND THROUGHOUT OUR NEIGHBORHOODS, WE DO NOT HAVE THE ABILITY TO TEST FOR BENZENE IN REAL TIME.
THUS, IF A SPILL WERE TO OCCUR, IT WOULD BE DIFFICULT FOR THE DISTRICT TO ENSURE THAT OUR WATER SUPPLY WOULD NOT BECOME CONTAMINATED BEYOND HEALTH AND SAFETY CONCERNS.
THE POTENTIAL IMPACT ECONOMIC IMPACT TO THE DISTRICT WOULD LIKELY BE SIGNIFICANT IF A CATASTROPHIC SPILL WERE TO OCCUR.
THERE ARE CONSIDERABLE HEALTH AND SAFETY CONCERNS RELATING TO THE INSTALLATION OF GASOLINE FACILITIES AT THE PURE PROPERTY.
FURTHER, I AGREE WITH THE CONCLUSION OF THE CITY'S ENVIRONMENTAL REVIEW STAFF.
THE FINDINGS OF FACT RELATIVE TO THE VARIANCE HAVE SIMPLY NOT BEEN MET.
I WOULD RESPECTFULLY REQUEST THAT YOU DENY THIS VARIANCE BY DOING SO.
THIS COMMISSION CAN ENSURE RESPECT FOR THE CRITICAL WATER QUALITY ZONE AND BETTER WATER QUALITY IN LAKE AUSTIN FOR ALL THOSE IMPACTED.
IN CONCLUSION, I THINK IT WOULD, SHOULD BE OBVIOUS TO THOSE OF US IN THE PUBLIC SECTOR THAT KNEW CARBON BASED INFRASTRUCTURE IS TO BE DISCOURAGED, NOT ENCOURAGED.
IN YOUR EMAIL INBOX IS THE CITY'S RECENT CLIMATE EQUITY PLAN, ALONG WITH A WALL STREET JOURNAL ARTICLE, NOTING THAT ELECTRIC POWERED WATERCRAFT ARE REALITY.
TWO OR THREE MONTHS AGO, I WOULD'VE SAID THAT'S A JOKE, BUT THEY ARE COMING AND I REALLY SEE NO REASON TO, TO SUPPORT MORE GAS POWER, UH, BOATING ON THE LAKE.
I HOPE WE'LL ALL LOOK TO THE FUTURE IN MAKING DECISIONS AFFECTING ALL OF US.
THE NEXT STEP WE HAVE LAUREN ICE AND BRYCE, UH, KENNEDY HAD YIELD AT HIS TIME.
UH, SO YOU HAVE, UH, SIX MINUTES TOTAL.
MR. BARNES, THEN YOU HAVE THREE MINUTES.
UH, THANK YOU ALL COMMISSIONERS FOR ALLOWING ME THE TIME TO SPEAK.
[00:40:01]
UH, MY NAME IS TERRY BARNES.I'M THE PRESIDENT OF ROB ROY LAKE, UH, OWNERS ASSOCIATION.
UH, WE CONSIST OF ABOUT 85 HOMES, UH, INCLUDING, UH, ALONG, UH, LAKE AUSTIN DOWNSTREAM OF THE PIER FOR DISTANCE OF ABOUT, UH, THREE QUARTERS OF A MILE.
OUR HOA GETS US WATER FROM TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER 20, AND OUR HOA ALIGNS WITH THE WATER DISTRICT AND DOES NOT SUPPORT THE RETURN OF GASOLINE SALES AT THE PIER PROPERTY.
THE BALANCE OF THE TRACT, HOWEVER, IS A LITTLE BIT OF AN UNKNOWN.
UH, THERE IS NO SITE PLAN, UH, FOR WHAT THEY ARE INTENDING TO DO WITH EVERYTHING THAT'S BEHIND THE DOCKS, WHICH IS A LITTLE BIT OF AN UNKNOWN TO US.
AND AS A RESULT OF THAT, THE HOA DOES NOT HAVE ENOUGH INFORMATION ABOUT THE TRACKS BALANCE TO ENVISIONS THIS NEW USE OR HAVE A STANCE ON MAY, WHAT MAY ACTUALLY BE RETURNING US TO APPEAR FOR THIS HEARING'S PURPOSES, THOUGH I WOULD, UH, RESPECTFULLY REQUEST THAT THE COMMISSIONERS FOLLOW THE STAFF'S RECOMMENDATIONS AND NOT GRANT THE VARIANCE TO LDC 25 DASH EIGHT DASH 2 61.
THE THOUSAND FOOT RULE IS A LITTLE BIT MORE THAN JUST ABOUT GASOLINE.
THAT'S THE DENSITY OF MAN THAT'S CLOSE TO A RAW WATER INTAKE AND EVERYTHING ASSOCIATED WITH MAN AND ITS POLLUTANTS.
THE VEHICLES THAT THEY USE TO GET MAYBE TO THE, UH, THE LAKE SIDE, THE, UH, LARGE TANKER TRUCKS THAT WE USE TO, UH, FUEL THE GASOLINE STORAGE TANKS, UH, ANYTHING SOMEBODY MIGHT THROW OFF THE BOAT.
UM, SO IT'S A LITTLE BIT MORE THAN JUST ABOUT GASOLINE CELLS, I THINK.
BUT SPEAKING JUST DIRECTLY TO THE VARIANCE IN THIS CASE, UM, I WOULD, UH, ALSO WOULD LIKE TO ASK, BECAUSE I HAVEN'T REVEALED, AND IT IS A STATE LAW, THAT THEY'RE SUPPOSED TO BE A SANITATION FACILITIES FOR MARINE INSTALLATION, THAT THERE'S NO BATHROOM BEING REVEALED.
SO IS THIS A SELF-SERVICE GASOLINE PUMP OR IS THIS, UH, SOMETHING'S GONNA BE MANNED BY A, A REGULAR ATTENDANT? AND, UH, WHERE DOES HE GO TO THE RESTROOM? WHERE DO THE PAINTERS GO TO THE RESTROOM? BUT I'D LIKE TO JUST CONCLUDE THIS, SAYING THAT I'M ON BEHALF OF OUR HOA.
I RESPECTFULLY ASK THE COMMISSIONERS FOLLOW STAFF RECOMMENDATIONS TO DENY THE, UH, VARIANCE REQUEST FOR GASOLINE SALES.
I'M ONE OF THE ATTORNEYS FOR TRAVIS COUNTY, W C I D NUMBER 20.
UM, UH, I'M WITH THE FIRM PARAS ALMOND AND ICE, AND I'M GONNA TALK JUST ABOUT THE ENVIRONMENTAL, UM, VARIANCES HERE.
BUT SEAN ABBOTT, WHO'S THE SORT OF UTILITY ATTORNEY, IS ALSO HERE AND AVAILABLE TO ANSWER ANY QUESTIONS.
UM, AS IS BRYCE KENNEDY, WHO'S THE, UM, DISTRICT'S ENGINEER.
I SENT A LETTER YESTERDAY, UM, OUTLINING I THINK IN DETAIL WHY THE DISTRICT IS OPPOSED TO BOTH OF THE VARIANCES THAT ARE BEING PROPOSED.
UM, BUT I WANNA FOCUS AND THERE'S, YOU KNOW, A LOT OF ISSUES, I THINK AS IN TERMS OF ENVIRONMENTAL CONCERNS THAT THIS RAISES.
BUT I WANNA REALLY FOCUS YOUR ATTENTION ON THE FINDINGS EFFECT THAT THE APPLICANT HAS THE BURDEN TO SHOW, UH, ARE MET IN ORDER TO BE ELIGIBLE FOR THESE VARIANCES.
IN OTHER WORDS, YOU HAVE TO FIND THAT ALL OF THE FINDINGS OF FACT HAVE BEEN MET BEFORE.
YOU HAVE THE DISCRETION TO GRANT EITHER VARIANCE.
AND EVEN IF YOU DO DETERMINE THAT THE FINDINGS OF FACTS HAVE BEEN MET, YOU STILL HAVE THE, THE, THE DISCRETION TO DENY THE VARIANCE.
BECAUSE LET'S REMEMBER, THEY'RE ASKING TO VARY FROM THE CODE THAT IS SUPPOSED TO APPLY TO ALL DEVELOPMENT THROUGHOUT THE CITY EQUALLY AND ONLY VARY IN CASE THERE IS A UNIQUE SITUATION THAT WOULD IN ENVIRONMENTAL SITUATIONS LIKE THIS GUARANTEE SOME KIND OF ENVIRONMENTAL BENEFIT.
AND THIS IS JUST NOT A UNIQUE SITUATION, SITU, SITU, UM, ESPECIALLY NOT FOR THE GAS LINE AND NOT REALLY FOR THE DREDGE EITHER BECAUSE, UM, AS THE SPEAKER BEFORE ME POINTED OUT, THERE'S REALLY NOT ENOUGH INFORMATION TO DETERMINE WHETHER OR NOT THEY ARE, UM, DEVELOPING AS A MARINA AND ARE SUBJECT TO THE CODE PROVISION THAT THEY, UM, ARE PROCESSING THIS APPLICATION UNDER.
SO I, I'LL START WITH THE SECOND VARIANCE FIRST BECAUSE IT DOES KIND OF GET TO SOME INITIAL CONCERNS THAT WE HAVE AS TO HOW THE STAFF IS PROCESSING, UM, THE, THE REQUEST.
AND SO THAT'S THE DREDGE VARIANCE.
UM, AS Y'ALL MAY HAVE SEEN IN THE LETTER, THE STAFF IS PROCESSING THE MOD THIS AS A MODIFICATION TO A, A NON-COMPLIANT STRUCTURE, WHICH AS, UM, THE PRIOR SPEAKER POINTED OUT MEANS THAT THERE'S NO SANITATION FACILITIES REQUIRED HERE, BUT THOSE WOULD BE REQUIRED IF THEY WERE DEVELOPING A MARINA.
AND THIS IS ZONED COMMERCIAL RECREATION.
AND SO IT IS A MARINA THAT THEY'RE ZONED, UM, HERE TO DEVELOP.
SO THE, UM, THE, THE, THE, THE SIMILARLY SITUATED PROPERTY WITH APPROXIMATELY CONTEMPORANEOUS DEVELOPMENT, UM, THAT IS, THAT WAS A DEVELOPMENT THE WEST HARBOR MARINA THAT
[00:45:01]
THEY USED AS AN EXAMPLE, THAT WAS A DEVELOPMENT THAT WAS, UM, ABLE TO TAKE ADVANTAGE OF THAT CODE PROVISION BECAUSE IT WAS A RESIDENTIAL, IT WAS, IT WAS A, UH, A USE ASSOCIATED WITH THE RESIDENTIAL USE.THIS IS NOT A RESIDENTIAL USE.
SO IT DOES NOT FALL UNDER THAT MODIFICATION OF A NON-COMPLIANT STRUCTURE PROVISION THAT THE STAFF IS, THAT THEY'RE PROCESSING THE APPLICATION TO.
SO I WOULD SAY, UM, IT'S NOT COMPARABLE.
THEY'RE NOT MISSING OUT ON CODE THAT THAT WOULD, A CODE PROVISION THAT WOULD BE AVAILABLE IN A SIMILARLY SITUATED, UH, DEVELOPMENT BECAUSE THEY'RE NOT SIMILAR TO THAT DEVELOPMENT.
THIS IS A COMMERCIAL DEVELOPMENT THAT WE DON'T KNOW WHAT THEY'RE GONNA DEVELOP, UM, BEYOND JUST REPAIRING THE DOCKS.
SO IN THAT WAY, I WOULD SAY THAT THE, UM, THE VARIANCE REQUEST FOR THE DREDGE IS AT BEST PREMATURE, BUT IT DOES NOT MEET THE FINDINGS OF FACT BECAUSE IT CANNOT SATISFY THAT, THAT VERY FIRST FINDING.
AND A REMINDER, YOU HAVE TO FIND THAT THEY MEET ALL THREE, UM, FINDINGS OF FACT IN ORDER TO BE ELIGIBLE.
SO RIGHT OFF THE BAT, UM, I THINK THAT TICKS THAT ONE OFF.
THE OTHER THING I'LL POINT OUT AND THE FINDINGS OF FACT FOR THE DREDGE VARIANCE IS THAT ONE OF THE DOCKS THEY'RE PROPOSING IS TO LOCATE THE FUEL DISPENSER ON.
SO IF THEY DO NOT NEED THE FUEL DISPENSER, IF THEY DON'T GET THE, THE VARIANCE FOR THE FUEL DISPENSER, THEN THEY'RE BUILDING A DOCK FOR A FUEL DISPENSER THAT IS NOT NECESSARY.
AND THAT COULD MINIMIZE THE DREDGE.
AND SO WHEN YOU'RE LOOKING AT THE SECOND, UM, FINDINGS OF FACT THAT'S NECESSARY, WHETHER THE VARIANCE IS NECESSITATED BY THE SCALE OR THE LAYOUT OR THE CONSTRUCTION METHOD, UM, DESIGN DECISION MADE BY THE APPLICANT, THEY DON'T MEET THAT FINDING EITHER BECAUSE THAT PEER IS INTENDED TO HOUSE THE, UM, THE FUEL, UM, DISPENSER.
SAME FOR WHETHER THEY'VE, UH, THIS IS THE MINIMUM DEVIATION FROM THE CODE REQUIREMENT.
IT'S NOT THE MINIMUM DEVIATION IF THEY COULD DREDGE LESS BECAUSE THEY DON'T NEED THAT DOCK FOR THE FUEL DISPENSER.
UM, I ALSO WANNA ADDRESS, UM, A COUPLE OF THE POINTS THAT WERE BROUGHT UP BY THE APPLICANT, UM, SWITCHED TO THE, THE VARIANCE REQUEST FOR THE, THE GAS LINE ITSELF.
UM, I'LL JUST SAY IN TERMS OF THE PROXIMITY AND THE LETTER, UH, THE PROXIMITY TO THE, THE DISTRICT'S RAW WATER INTAKE AND THE LETTER THAT WAS MENTIONED FROM 2006, THIS IS NOT THE SAME LANDOWNER, UM, OR DEVELOPER THAT OWNED THE PROPERTY WHEN THE PIER WAS AN OPERATION BEFORE THEY CLOSED DOWN IN 2005.
WE ALL KNOW THE WAY LAND DEVELOPMENT REGULATIONS WORK, THE WAY THAT ENVIRONMENTAL REGULATIONS WORK IS IF THAT DEVELOPMENT, UM, CEASES, IF THAT PERMIT EXPIRES, THEY HAVE TO COME BACK FOR A NEW PERMIT.
THEY'RE SUBJECT TO NEW CODE REQUIREMENTS.
THAT IS HOW IT WORKS FOR EVERYBODY ELSE WHO DEVELOPS IN THE CITY.
SO THEY DON'T HAVE, THEY'RE NOT GRANDFATHERED INTO THE, INTO THE OLD CODE.
UM, SO THAT'S NOT UNIQUE EITHER.
AND AS I SAID BEFORE, THEY SAY THEY'RE DEVELOPING 16 DOCKS, BUT THEY OWN THE PROPERTY THAT'S DIRECTLY NORTH OF THIS PROPERTY AS WELL.
THEY OWN THE PROPERTY BEHIND THIS PROPERTY, SO WE DON'T KNOW IF THEY'RE GONNA BE DEVELOPING MORE DOCS.
UM, AND SO THE OPINION FROM 2006 JUST REALLY ISN'T RELEVANT TODAY BASED OFF THE VERY LITTLE INFORMATION WE HAVE ABOUT WHAT THEY'RE ULTIMATELY GONNA BE BUILDING ON THIS, UM, ON THE LAKE.
SO I DON'T THINK I NEED TO WALK THROUGH THE FINDINGS OF FACT WITH YOU REGARDING THE, THE, THE REQUEST FOR VARIANCE FROM THE CRITICAL WATER QUALITY ZONE.
UM, STAFF HAVE NOT FOUND THAT ANY OF THE FINDINGS OF FACT HAVE BEEN MET.
THE APPLICANT IS TRYING TO COMPARE THIS DEVELOPMENT WITH A DEVELOPMENT THAT WAS PERMITTED IN 1985, NEARLY 40 YEARS AGO.
UM, JUST BECAUSE THERE IS ONE, ONLY ONE, UM, GAS FACILITY ON THE LAKE, I DON'T THINK THAT SUPPORTS THE ARGUMENT THAT THIS SHOULD BE.
THERE HAS BEEN, THE STAFF IS NOT PERMITTED, UM, ANOTHER GAS FACILITY ON THE LAKE IN NEARLY 40 YEARS.
AND IT WOULD SET VERY BAD PRECEDENT FOR THEM TO GRANT THE VARIANCE FOR THIS DEVELOPMENT NOW, UM, ESPECIALLY CONSIDERING THAT NONE OF THE OTHER FINDINGS FACT HAVE BEEN MET.
SO I'M AVAILABLE FOR ANY QUESTIONS AS ARE THE OTHER, UM, REPRESENTATIVES HERE FROM THE DISTRICT.
AND WE HAVE, UH, SEAN ABBOT FOR, UH, YOU CAN USE YOUR MINUTES IF YOU'D LIKE TO OR IF, IF LAUREN, IF YOU'D LIKE TO MAKE MORE COMMENTS WITH HIS TIME, YOU'RE WELCOME TO.
THANK YOU APPLICANT FOR THE PRESENTATIONS.
UH, LET'S GO AROUND, UH, AND SEE IF ANY OF THE COMMISSIONERS HAVE ANY QUESTIONS, UM, FOR GOOD OR BAD.
PAM, I'M GONNA START WITH YOU AGAIN.
UM, DO YOU HAVE ANY QUESTIONS FOR STAFF, THE APPLICANT? UM, YEAH, I HAVE A COUPLE OF QUESTIONS.
SOME OF THEM WERE ANSWERED, SO I APPRECIATE THE PRESENTATIONS.
AND THEN I WONDERED IS 22, I MEAN, WHAT KIND OF TRUCK WILL BE BRINGING THAT GAS? ARE THEY PROPOSING TO BRING THE GAS? IT HAS TO COME DOWN 2244, WHICH IS B CAVE AND THEN IT GOES IN THERE.
UM, THE THING THAT THE, THE PEOPLE SENT ME SAID IN SECTION 3.2, IT WAS AN UNPAVED DRIVEWAY TO
[00:50:01]
THE FUEL STATION ON LAKE AUSTIN, AND THAT WOULD BE THE FIRETRUCKS ROUTE IF THERE WERE AN INCIDENT.SO I GUESS I AGREE WITH LAUREN, UM, AND THE GENTLEMAN THAT SPOKE BEFORE THAT THEY'RE JUST REALLY, I MEAN THAT'S LIKE, I MEAN, WE, WE REALLY NEED SOMETHING A LITTLE MORE FUNDAMENTAL THAN THAT IN ORDER TO FEEL GOOD ABOUT THIS, I THINK.
AND I'LL, I'LL JUST LEAVE MY COMMENTS AT THAT AND, UM, MAYBE IF WE GO AROUND AND COME BACK, BECAUSE I DID HAVE A LOT OF QUESTIONS, BUT I AM ENJOYING OTHER PEOPLE'S INPUT AT THIS POINT.
I THINK WE'RE GONNA HAVE THE APPLICANT TRY TO GIVE YOU SOME, SOME ANSWERS ABOUT THE FUEL TANK.
THE, IT, IT'S, THE SITE HAS CLEARED ALL FIRE DEPARTMENT REVIEW COMMENTS.
IT WAS COMPLETELY VETTED THROUGH THE FIRE DEPARTMENT, SO WE WOULDN'T HAVE HAD THE CHOICE TO HAVE AN, I MEAN, IT HAS TO BE A PAVE LANE TO THE REQUIREMENTS OF THE FIRE CODE AND TO THE LOCATION OF THE FUEL TANK.
COULD YOU, COULD YOU GIVE US A LITTLE MORE DETAILS ABOUT THAT? THERE'S A PAGE, PAGE 10 OF THE, OF THE, OF PAMELA'S POWERPOINT, BUT IF YOU WOULDN'T MIND, I DON'T KNOW.
ALL THE COMMISSIONERS ARE, ARE UP TO SPEED ON THAT.
CAUSE CAN WE GO BACK INTO MY POWERPOINT? I THINK IT'S ABOUT SLIDE THREE OR WE'LL JUST HAVE TO START CUZ THE PROPOSED, UM, CONDITIONS ARE IN, ARE IN THE POWERPOINT.
YEAH, THAT'S THE LAST ONE, I THINK THE LAST SLIDE.
AND IF YOU COULD BE SPECIFIC ON WHICH SOLID YOU'D LIKE ME, I THINK IT'S ABOUT SLIDE THREE.
THERE, THAT'S THE PROPOSED CONDITIONS, THE PLAN SHEET.
SO MAYBE GO ONE FORWARD ONE MORE.
SO THE TANK IS, UH, UP THE HILL SO YOU CAN'T SEE IT ON THAT PLAN.
SO I MEAN, I'VE GOT THE PLANS WITH ME.
DO YOU, OR MAYBE JUST GO BACK TO, DO I HAVE AN EXISTING CONDITIONS PLAN SET SHEET IN THAT SET? IT'S UP THE HILL.
HAS TO BE OUT OF THE FLOOD PLAIN AND OUT OF THE CRITICAL WATER QUALITY ZONE.
WELL HOPEFULLY THAT'LL ADDRESS, UH, COMMISSIONER THOMPSON'S QUESTION AND WE WILL COME BACK AROUND AND ASK CLARIFYING QUESTIONS AS NEEDED.
COMMISSIONER, UM, HERE YES, YES, PLEASE.
IF YOU WOULDN'T MIND, STATE YOUR NAME AGAIN PLEASE.
YES, LAUREN ICE COUNSEL FOR THE, UM, W C I D NUMBER 20.
AND THERE WAS IN THE PA I BELIEVE IN YOUR BACKUP, THE LETTER THAT I PROVIDED, THERE WAS A LETTER IS THAT WAS SUBMITTED BY THE DISTRICT.
IT WAS A QUESTION TO FIRE MARSHAL.
I DON'T KNOW IF FIRE MARSHAL OR STAFF OR SOMEBODY IS HERE TO SPEAK TO THIS, BUT IT'S OUR UNDERSTANDING THAT THAT COMMENT HAS NOT BEEN CLEARED.
AND SO I I AM, I I MAYBE I HAVE THE SAME QUESTION, UM, THAT PAMELA DOES, BUT THE DISTRICT'S POSITION AND THE DISTRICT'S UNDERSTANDING IS, IS THAT THERE IS NOT A LEGAL RIGHT TO USE THAT, UM, THAT, THAT THAT FIRE LANE THAT'S BEEN DESIGNATED, IT CROSSES THE DISTRICT'S PROPERTY SIGNIFICANT INFRASTRUCTURE THERE.
AND SO WE'VE BEEN TRYING TO GET THAT ANSWER AS TO WHETHER THE FIRE MARSHAL HAS REALLY SIGNED OFF ON THIS OR NOT.
BUT, UM, THAT'S, I THINK THAT'S STILL AN OPEN QUESTION.
THE FIRE COMMENTS HAVE BEEN CLEARED AND THEY WERE CLEARED INFORMALLY.
WELL WE'RE, WE'RE GONNA TRY TO STAY IN OUR LANE HERE.
UM, LET'S GO AROUND THE HORN HERE.
UH, COMMISSIONER BRAMMER, DO YOU HAVE ANY QUESTIONS OR COMMENTS? UH, AS USUAL, I HAVE A FEW.
UH, I JUST WHAT QUESTION? UM, IF YOU WOULDN'T MIND, STAY THERE JUST IN CASE STAFF NEED TO GO.
I'M GONNA START WITH THE, THE TANK UHHUH.
MY UNDERSTANDING IS YOU HAVE A TANK SPECIALIST HERE? YES.
UH, AND DO YOU WANT TO TALK ABOUT THE SAFETY FEATURES? IS THAT WHERE YOU WELL, WE'RE GONNA GET TO ALL THAT, I SUPPOSE SOMEWHERE ALONG THE WAY.
UM, IS THERE A VAPOR RECOVERY SYSTEM ON THE, UH, ON THE TANK? BECAUSE WHEN YOU GO TO GAS STATIONS, THE STATE OF TEXAS, THERE'S NOT A VAPOR RECOVERY, UH, SYSTEM ON THERE.
ONE OF THE THINGS YOU ADDRESSED IN YOUR PRESENTATION WAS THE ESCAPE OF, UH, VAPOR
[00:55:01]
IN THE, UH, YOU KNOW, WHEN PEOPLE FILL THEIR, UH, YOU KNOW, GAS FROM TANKS FROM, UH, OKAY.THERE IS, THERE IS VAPOR RECOVERY ON THE TANK.
SO IT'S GONNA BE VAPOR RECOVERY SYSTEM THAT'S SIMILAR TO WHAT YOU FIND IN OTHER PARTS OF THE COUNTRY, LIKE CALIFORNIA, FOR EXAMPLE, WHERE THEY, UH, SIPHON THE VAPOR OUT OF THE, UH, YOU KNOW, AS YOU FILL THE TANKS, YOU KNOW, THE GAS IN YOUR CAR.
SO WE CAN GET EVERYTHING IN THE REMOTE COMMISSIONERS CAN HEAR.
THERE'S TWO TYPES OF VAPOR RECOVERY, STAGE ONE AND STAGE TWO, THE TANK ITSELF HAS STAGE ONE VAPOR RECOVERY.
THE STAGE TWO VAPOR RECOVERY WAS AN INTERIM TYPE METHOD ON LAND-BASED VEHICLES.
NO BOATS EVER HAD THE ABILITY TO, THAT I'M AWARE OF, TO DO STAGE TWO VAPOR RECOVERY SINCE I DON'T REMEMBER THE EXACT DATE, FIVE OR SO YEARS AGO.
THE INTERIM STAGE TWO VAPOR RECOVERY'S BEEN REPLACED ON LAND BASED VEHICLES WITH THE CARBON FILTERS.
BUT THERE'S NOT GONNA BE A THING WHERE IT TRIES TO RECOVER THE VAPOR AS YOU GUESS AS YOU FILL THE, UH, TANKS OF THE BOAT AS THE OH, OKAY.
THE TANK ON THE BOAT, THERE WILL NOT BE THE TANK, THE STORAGE TANK THERE WILL BE.
SO IT DOESN'T SOUND LIKE THAT THERE'S GOING TO BE AN IMPROVEMENT IN VAPOR RECOVERY.
IF I'M FILLING MY, MY BOAT FROM A A FIVE GALLON GAS TANK, FOR EXAMPLE, AND VAPOR ESCAPES FROM THAT PROCESS MM-HMM.
SO THERE'S NOT GONNA BE A REDUCTION IN, IN VAPOR RECOVERY OR ESCAPING VAPORS FROM THAT METHOD, IS WHAT I HEAR YOU SAYING.
SIR, IF YOU WOULDN'T ALSO MIND, UH, STATING YOUR NAME JUST FOR THE RECORDS.
I'M THE ENGINEER THAT DESIGNED THE SYSTEM.
SO I GUESS THE ANSWER WOULD BE NO, BECAUSE THERE ARE NO BOATS WITH THE RECOVERY SYSTEM.
IT'S ONLY ON LAND-BASED VEHICLES.
OKAY? IT'S A CARBON CANISTER THAT WHEN YOU USED TO WALK BY AND YOU'D SEE VAPORS BOILING OUTTA YOUR CAR WHEN YOU WERE FILLING IT, THAT CANISTER STOPS THAT.
AND THAT'S WHAT STAGE TWO INTERIM METHODS STOPPED UNTIL THE CARBON CANISTERS CAME IN.
BUT AGAIN, THE TANK STILL HAS THE VAPOR RECOVERY.
NOW, ONE OF THE ADVANTAGES THAT, UH, OF HAVING, UH, YOU KNOW, THIS SYSTEM WAS THAT, UH, YOU KNOW, OF A, OF THIS SYSTEM WAS GONNA BE A MAN'S SYSTEM, UH, AS OPPOSED TO AN AMATEUR, WHICH WOULD BE ME FILLING MY BOAT.
UH, SO ARE THESE PEOPLE THAT ARE GONNA BE DOING THIS, ARE THEY GONNA HAVE PROFESSIONAL TRAINING AND CERTIFICATION? BY LAW? THEY HAVE TO, YES.
BY LAW, THEY'RE GONNA, AND HOW OFTEN ARE THEY GONNA BE RETRAINED ON THIS? I MEAN, FOR EXAMPLE, MANY PROFESSIONS REQUIRE THAT YOU HAVE, UH, YOU KNOW, GO TO CERTAIN TRAINING ON A PERIODIC BASIS IN ORDER TO STAY UP TO DATE AND BE EDUCATED ON THE, WHATEVER THE CURRENT PROCESSES ARE FOR THAT PROFESSION AND SO FORTH.
SO HOW OFTEN ARE THESE PEOPLE GOING TO BE TRAINED? UH, AND SO YOU'RE GONNA HAVE MORE THAN PROBABLY ONE PERSON THERE, SO YOU'RE GONNA HAVE TO TRAIN THE ENTIRE STAFF, YOU KNOW, THE PART-TIME PEOPLE AND THE FULL-TIME PEOPLE.
AND SO MY ASSUMPTION IS THAT, UH, THESE PEOPLE ARE GONNA HAVE TO HAVE A CERTIFICATIONS, THEY HAVE TO BE POSTED ON THE, YOU KNOW, I MEAN KINDA LIKE A DOCTOR OR SOMETHING LIKE THAT, RIGHT? WHERE YOU HAVE THE, THEIR CERTIFICATION POSTED TO SHOW THAT THEY'RE AUTHORIZED AND TRAINED AND ALL THAT SORT OF FUN STUFF, RIGHT? SO THERE'S AN A OPERATOR AND A B OPERATOR IS WHAT I THINK THEY CALL IT.
AND THERE'S, YOU DON'T HAVE TO BE TRAINED FOR C OKAY, I'LL TAKE THE WORD FOR IT.
WELL THAT'S WHAT I'VE READ ANYWAY.
I DIDN'T READ, THAT'S NOT A QUESTION I ANTICIPATED, SO I DIDN'T READ UP ON IT.
BUT THERE, THERE IS THE AB AND AS YOU SAY, C I THINK IT'S AN ANNUAL RETRAINING, BUT AGAIN, I DIDN'T READ UP ON IT.
I KNOW THEY DO HAVE TO BE RETRAINED PERIODICALLY.
AND WHO'S GONNA OVERSEE THE FACT THAT, UH, THESE PEOPLE ARE RET TRAINED ON, ON A REGULAR BASIS, THE TCQ DOES.
UH, AND EXACTLY HOW DOES THAT WORK? UH, AND I ASK BECAUSE WHEN I GO INTO MY GYM EVERY DAY, UH, THE LAST TIME THE ELEVATOR IN MY GYM WAS INSPECTED WAS IN, UH, DECEMBER OF 2020.
AND, UH, YOU KNOW, I DON'T KNOW, THE TCQ REALLY CARES ABOUT THE ELEVATORS IN MY GYM.
IT'S A DIFFERENT, WELL, WHOEVER, WHOEVER IT IS.
THE POINT IS, YOU KNOW, THE STATE IS VERY, YOU KNOW, CONSCIOUS OF ALL THIS SORT OF STUFF, WHICH IS WHY MY ELEVATOR HADN'T
[01:00:01]
BEEN TESTED IN TWO YEARS.SO, UH, WHO'S REALLY GOING TO MAKE SURE THESE PEOPLE ARE TRAINED ON A REGULAR BASIS ON THIS? THE ONLY ANSWER I HAVE IS THE TCQ.
UH, NOW, UH, THERE'S SUPPOSED TO BE ANNUAL AS WELL AS MONTHLY MAINTENANCE ON THIS, RIGHT? ON ON THESE TANKS, CORRECT? I WOULD SAY SO, YEAH.
SO, UH, PEOPLE WHO ARE INSTALLING THIS TANK, WHICH YOU'RE GONNA BE SUPERVISED, YOU, YOU DESIGNED THE, THE SYSTEM AND EVERYTHING TO ENSURE THAT THIS IS CORRECT, BUT THE OWNER OF THE THING IS GOING TO CONTRACT OUT THE, THE, THE MAINTENANCE, I WOULD ASSUME.
SO, UH, THEY DON'T HAVE TO, THEY CAN, IT'S THEIR, THE INSTALLERS WILL HAVE TO BE LICENSED TO DO THE INSTALLATION PART.
ACTUALLY, THEY DON'T HAVE TO BE FOR THE ABOVE GROUND TANK, JUST THE UNDERGROUND PIPING.
BUT WITH RESPECT TO WHO DOES MAINTENANCE ON THE TANK, PERIODICALLY THE OWNER CAN DO THAT.
BUT IF THEY FIND AN ISSUE, THEY'LL NEED TO CALL SOMEONE THAT HAS A LICENSE.
BUT IF THEY'RE NOT TRAINED TO FIND, IF THEY DON'T KNOW WHAT AN ISSUE IS, THEN THEY DON'T KNOW.
I MEAN, THEY DON'T KNOW HOW TO FIND AN ISSUE.
I DON'T KNOW HOW TO FIND AN ISSUE.
IF I OWN THE PLACE, AND, YOU KNOW, I GO AROUND, I'LL SEE A LEAK AND I DON'T KNOW HOW TO DO PRESSURE TESTING ON THERE TO DETERMINE THAT YOU DON'T NEED TO HIT THE E-STOP AND YOU CALL A LICENSED PERSON.
BUT THERE'S NO, I GUESS MY POINT IS THAT YOU HAVE UNTRAINED PEOPLE MAKING EVALUATIONS.
IS, IS KIND OF WHAT I'M GETTING AT.
WELL, I CAN TELL YOU WHEN I DO A SET OF DRAWINGS, THERE'S A TRAINING IN THE SPECS, THERE'S A TRAINING REQUIREMENT FOR THE OPERATORS, PLUS THE, I THINK THAT'S WHERE THE A, B AND C TRAINING FROM TCEQ COMES IN, IS TO KNOW WHEN TO LOOK FOR THINGS OF THAT NATURE.
RIGHT? BUT THE FOLLOW UP AFTER YOU, AFTER YOU INSTALL IT AND HAND THE KEYS OVER TO THE, UH, OWNERSHIP, THERE'S NO FOLLOW UP TO ENSURE THAT THEY ARE REGULARLY, YOU KNOW, THERE'S NO, THERE'S NO REAL FOLLOW UP ON THE WHOLE THING TO MAKE SURE THAT THEY'RE TRAINED TO UNDERSTAND THE PROCESS FOR A MONTHLY AND AN ANNUAL MAINTENANCE OF THE WHOLE THING.
IT'S NOT LIKE, UH, SID MILLER COMES OUT TO THE GAS STATIONS EVERY, YOU KNOW, ANNUAL AND, AND MAKES SURE THAT WHEN YOU PUMP FIVE GALLONS OUT OF IT, YOU REALLY GET FIVE GALLONS INTO YOUR CAR.
WELL, THERE ARE LAWS THAT REQUIRE ALL OF THIS, AND WHETHER PEOPLE FOLLOW 'EM OR NOT, I MEAN, I DON'T KNOW WHERE, OKAY.
SO WE'RE, WE'RE OPEN TO WHATEVER PEOPLE DO.
UH, NOW SPILL CONTROL MEASURES ON THIS.
I ASSUME THAT YOU'VE ADEQUATELY, YOU KNOW, DESIGNED THIS SO THAT IT MINIMIZES SPILL REQUIREMENTS AND EVERYTHING.
AND THAT WOULD INCLUDE WHEN THE TANK IS BEING FILLED BY THE, UH, TANK OPERATOR COMING DOWN A RESIDENTIAL ROAD, UH, YOU KNOW, WITH HIS TRUCK AND HE'S FILLING IT.
SO THERE'S CONTAINMENT PROCESSES THAT WHEN HE GOES TO FILL THAT UP, THAT YOU'RE NOT GONNA GET AN OVERFLOW OR AN ACCIDENT THAT IS GOING TO COST SPILLAGE TO GET INTO THE, YOU KNOW, THE SURROUNDING AREA.
THEY ARE AND WHAT, I MEAN, WHAT'S THAT GONNA LOOK LIKE? YEAH.
IF YOU HAVE THOSE SLIDES, THERE'S SEVERAL THINGS FOR WHEN THE TRUCK IS FILLING.
LET ME BACK UP AND ADDRESS THE TRUCK.
WHAT SIZE TRUCK WOULD BE? I, I KNOW WHAT YOU HAVE IN YOUR HEAD IS THE VISION OF AN 18 WHEELER PULLING UP AND FILLING THE TANK.
THAT THAT WON'T BE WHAT HAPPENS HERE.
THERE'S NOT ENOUGH ROOM AND THERE'S, UH, CARRYING THAT MUCH FUEL BACK UP IN THERE IS NOT THE, IN THE BEST INTEREST OF THE HAULER.
SO IT'LL BASICALLY BE A, WHAT THEY CALL A BOBTAIL SMALLER TRUCK THAT HAULS MAYBE 5,000 GALLONS.
THEY HAUL FUEL OIL UP NORTHEAST.
THEY HAUL, UH, FUEL OIL FILL FUEL TANKS.
IT'S, IT'S A SMALLER VOLUME OF FUEL.
SO THAT'S THE SIZE TRUCK THAT WE'RE TALKING ABOUT.
JUST TO KIND OF BACK UP INTO THAT, THEN, UM, WE HAVE A CONCRETE, IS IT, UM, COME UP? WE HAVE THE CONCRETE SPILL BASIN.
SO THE TRUCK WILL ACTUALLY PULL INTO THIS BASIN BEFORE HE BEGINS TO FILL THE TANK.
THE TANK BEING THE STORAGE TANK.
THEN INSIDE OF THE TANK IS A OVERFILL VALVE TO PREVENT FILLING BEYOND 90%.
SO, UH, AND, AND THE CONNECTION IS A TIGHT FILL CONNECTION.
SO THE HOSE GOES ON WITH A, WHAT THEY CALL A SINGLE POINTER OR, UH, UH, CATALOG.
IT LOCKS IN THE PLACE AND FORMS A TIGHT SEAL FILLS THE, THE TANK.
[01:05:01]
TANK HAS A OVERFILL PREVENTION VALVE.IT ALSO WILL HAVE A, A CLO GAUGE, WHAT WE CALL A CLO GAUGE.
IT LOOKS LIKE A CLOT, AND IT GIVES THE LEVEL AND FEET, INCHES OF FUEL INSIDE THE TANK.
SO THEY STAND THERE, THEY CAN SEE WHEN THE LEVEL IS COMING UP, WHEN IT REACHES THE 90%.
IF THEY HAVEN'T STOPPED PUSHING FUEL, IT WILL STOP BECAUSE THAT VALVE WILL SHUT IT OFF.
UH, NOW I SUPPOSE THAT, UH, YEAH, YOU, THERE'S LEAK MONITORING EQUIPMENT SET UP ON THE, ON THE, UH, ON THE THING.
IT HAS SOME SORT OF ALARM THAT GOES OFF THAT OTHER SORT OF GOOD STUFF, RIGHT? YES, SIR.
IT HAS A PROBE ON THE INSIDE OF THE TANK THAT IS MOSTLY THERE TO, TO READ OUT THE VOLUME OF FUEL IN THE TANK TO THE OWNER, SO THEY CAN TELL HOW MUCH THEY HAVE WITHOUT ACTUALLY WALKING UP THERE.
BUT INSIDE THE, IN WHAT'S CALLED THE INTERSTITIAL MO, UH, SPACE, OR THE SPACE BETWEEN THE INNER WALL AND THE OUTER WALL, THERE'S A PROBE THAT GOES DOWN IN THERE AND IT WILL ALARM.
IF FUEL STARTS SEEPING INTO THAT, THAT SPACE IN BETWEEN, IT WILL ALARM AND SHUT DOWN THE PUMP SO THEY CAN'T DEMAR.
AND SO THE ALARM, IS IT AN OIL ALARM OR IS IT A LIGHT ALARM? UH, IT'S PROBABLY BOTH, BUT IN ANY CASE, IT, IT JUST SHUTS THE, THE, IT CUTS THE POWER OFF TO THE SYSTEM.
SO THEY CAN'T RUN THE DISPENSER.
THE DISPENSER REQUIRES POWER TO TURN THE METER AND, AND REGISTER WHAT'S GOING THROUGH, BUT IT'LL ALSO SHUT OFF POWER TO THE PUMP, WHICH IS ACTUALLY IN THE FUEL TANK.
AND YOU SET UP THE ALARM SO THAT THE OPERATOR HAS, I MEAN, I DON'T KNOW.
THERE'S NO, I MEAN, I, WHEN I TURNED THE PLACE TODAY, YOU KNOW, THE, THE THING IS JUST A PILE OF DEBRIS.
I MEAN, YOU KNOW, THE WHOLE PLACE.
SO THERE'S NO REALLY INDICATION OF WHERE THE OPERATOR WILL BE WORKING.
BUT I WOULD SUPPOSE CORRECT THAT YOU'RE GONNA SET UP THE ALARM PANEL FOR ALL THIS STUFF IN A PLACE WHERE THE OPERATOR'S GONNA BE WORKING.
I MEAN, IT DOES NO GOOD IF IT'S, IF IT CAN'T BE SEEN.
SO THERE'S NO, BUT THERE'S NO RIGHT AS PART OF THE SITE PLAN THAT I SEE THAT, YOU KNOW, THAT I KIND OF LOOKED AT, I GOT THIS KINDA LATE IN THE DAY, SO I DIDN'T HAVE TIME TO GO THROUGH IT AND, YOU KNOW, GREAT DEAL OF DETAIL, BUT, UH, YOU KNOW, THERE WAS NO REALLY INDICATION OF WHERE THE, YOU KNOW, THE OPERATOR'S GONNA BE POSITIONED RELAT TO THE ALARM SYSTEM.
SO, I MEAN, I, I GUESS THAT'S JUST A COMMENT.
UH, SO YOU HAVE OVERFILL PROTECTION, YOU HAVE SPILL CONTAINMENT PROTECTION.
UH, ONE OF THE QUESTIONS I HAD HAD TO DO THAT, THAT CAME UP HAD TO DO WITH THE, UH, ROAD, WITH THE ROAD.
AND THIS REALLY DIDN'T HAVE TO DO WITH THE LEGITIMATE ACCESS BECAUSE OF THE, THE, YOU KNOW, WATER DISTRICT AND ALL THAT SORT OF FUN STUFF, UH, UH, THAT DOESN'T LOOK REALLY WIDE OF, THERE'S A, THERE'S A REGULATION THAT HAS TO DO WITH THE WIDTH OF THE ROAD AS FAR AS FIRETRUCKS ARE CONCERNED.
UH, WALKING THAT ROAD, UH, THAT'S REALLY NOT A WIDE ENOUGH ROAD.
ARE YOU PLANNING ON WIDENING THAT THING TO ALLOW FIRETRUCKS TO, UH, HAVE ADEQUATE ACCESS TO GET IN THERE? SO THE ACCESS WILL BE NOT WHERE WE WENT TODAY.
WE WENT IN THE BACKSIDE, WE WENT FROM WESTON, THE ACCESS WILL BE, UM, THERE'S A ROAD AT THE TOP OF THE PROPERTY AND WE GOT A LAND STATUS DETERMINATION.
IT WAS DETERMINED THAT IT, WE HAD ACCESS, WE HAD HAD ADEQUATE, ADEQUATE ACCESS.
NOW I NOTICED THAT, UH, NOW I, I JUST PULLED THIS DOWN JUST LITERALLY ABOUT WHEN YOU GUYS WERE MAKING YOUR PRESENTATION.
THERE WAS AN EMAIL THAT YOU SENT OUT THAT I GOT, I DON'T KNOW IF ANYONE ELSE DID THAT, UH, WAS A, UH, MATERIALS MANAGEMENT PLAN.
I DON'T KNOW IF ANYONE ELSE GOT IT.
AND, BECAUSE I LITERALLY GOT IT TODAY, AND I CHECKED MY EMAIL LIKE AT THREE BEFORE I CAME OVER HERE TODAY.
SO I DON'T KNOW HOW LONG IT'S BEEN OUT, SO I CAN HONESTLY SAY I HAVEN'T HAD TIME TO GO THROUGH IT.
UH, AND ONE OF THE THINGS TALKED ABOUT IS A, UH, A PLAN FOR, UH, SPILL MANAGEMENT AND, UH, TALKS ABOUT, UH, OR, OR, YOU KNOW, THINGS LIKE WHO YOU NOTIFY.
I NOTICED YOU HAD THE, UH, OAK HILL FIRE STATION AS BEING ONE OF YOUR, UH, YOU KNOW, YOU'RE, UH, PLACES YOU'RE GONNA NOTIFY.
I MEAN, DOES ANYONE SPEAK TO THAT? THAT, THAT IS WHAT'S LISTED? BE AWARE THAT THE, UH, PLAN IS STILL IN DRAFT FORMAT.
NOW, THE OAK HILL FIRE STATION IS NOT ONE OF THE CITY OF AUSTIN'S HAZMAT, UH, FIRE STATIONS.
SO WHEN YOU CALL THEM, THEY DON'T HAVE A HAZMAT TEAM TO RESPOND.
UH, FIRE STATIONS, UH, LET'S SEE,
[01:10:01]
14 IS THE MAIN 1, 28, 20 AND 32 ARE THE PRIMARY ONE.SO WHEN YOU CALL THEM, THEY'RE GONNA CALL SOMEONE ELSE.
SO REALLY THE PLAN THAT YOU HAVE OUTLINED IN THIS REALLY DOESN'T CALL THE RIGHT PEOPLE.
SO, SO IT'S REALLY INADEQUATE, RIGHT.
THE, THE, UM, FIRST I GUESS RESPONDERS WOULD BE THE FIRE DEPARTMENT, THE CLOSEST FIRE DEPARTMENT.
SO RIGHT NOW THAT PROXIMITY-WISE, IS PROXIMITY THE CLOSEST PROXIMITY? IT MAY NOT BE, IT MAY NOT BE THE PROPER FIRE.
YOU DON'T CALL THE PROPER PEOPLE.
AND THEN THE, UM, HAZMAT TEAM, THERE'S A SPECIALTY.
I'VE GOT, UH, MY SON-IN-LAW IS ON THE HAZMAT TEAM.
NOW, UH, HAVE YOU TALKED, HAS ANYONE TALKED TO THE PARKS DEPARTMENT ABOUT, UH, YOU KNOW, THERE'S SOME DISCUSSION ABOUT IMPACT OF, UH, YOU KNOW, WITHIN A CERTAIN AMOUNT OF DISTANCE OF, YOU KNOW, PUBLIC FACILITIES, ET CETERA, ET CETERA.
I DON'T KNOW THE DISTANCE, HOW WIDE THE, UH, THE LAKE IS AT THAT POINT.
BUT, YOU KNOW, UH, SOMEONE YOUNGER THAN I AM CAN THROW A STONE.
IT HIT, UH, YOU KNOW, CITY PARK FROM WHERE YOU'RE STANDING.
UH, YOU KNOW, HAS ANYONE MADE ANY PLANS TO CONTACT, UH, THE CITY PARKS DEPARTMENT IN CASE THERE'S A HAZARDOUS SPILL THAT MIGHT IMPACT, UH, PEOPLE OUT THERE? WE HAVEN'T CONTACTED THE PARKS DEPARTMENT.
NOW, UH, I DON'T KNOW ANYTHING ABOUT THE CONTRACT THAT, UH, THE, THE WATER, YOU KNOW, THE NEIGHBORS HAVE WITH THE, UH, LCRA.
UH, I DON'T KNOW WHAT IT LOOKS LIKE, BUT MY IMAGINATION IS THAT THEY ARE, THE LCRA IS PROBABLY HAS A CONTRACT TO PROVIDE CLEAN WATER.
SO, UH, MY QUESTION IS, HAS ANYONE SPOKEN, AND THIS GOES TO THE RESIDENCE AS WELL, HAS ANYONE SPOKEN TO THE LCRA ABOUT, WELL, WHAT HAPPENS IF THEY CAN'T PROVIDE CLEAN WATER? NOW, I UNDERSTAND JURISDICTION WISE, THE CITY HAS JURISDICTION LEGALLY OVER THIS THING, BUT THE WATER BEING PROVIDED IS CONTRACTED BY TO THE LC.
THE LCRA IS PROVIDING THE WATER, NOT THE CITY.
SO IT SEEMS TO ME THAT SOMEONE OUGHT TO GET THE LCR LOOPED IN HERE TO DO THAT.
IT'S MY UNDERSTANDING THAT THE LCR SELLS RAW WATER SALES, A CERTAIN QUANTITY.
THERE'S NO, UM, MENTION OF ANYTHING OTHER THAN THAT, OTHER THAN RAW WATER SALES IN A QUANTITY OF IT.
SO THEY, THE LCRA DOESN'T REALLY CARE ABOUT THE QUALITY OF THE WATER THEY'RE SELLING, AS LONG AS IT'S JUST WATER.
WHAT I KNOW IS RAW WATER SALES AND THE QUANTITY, SOMEONE NEEDS TO FIGURE THAT OUT.
SO MY CONCERN BASICALLY IS THIS, UH, REGARDLESS OF WHAT MAY HAVE HAPPENED IN 1983 WHEN, UH, SOMEONE SIGNED A THING THAT SAID, YEAH, OKAY, WE'RE OKAY WITH FUELING THESE THINGS, BOATS IN 1983.
I'M STILL CONCERNED WITH THE WORST CASE SCENARIO, WHICH I KNOW YOU MENTIONED IT'S, YOU KNOW, 35 GALLONS.
THE WORST CASE SCENARIO IS NOT 35 GALLONS, IT'S 350, IT'S 3,500 GALLONS OR SOMETHING LIKE THAT.
THAT'S THE THING THAT I'M CONCERNED ABOUT.
AND HOW, YOU KNOW, WHAT'S YOUR CONTAINMENT AND RESPONSE SYSTEM FOR THAT? YOU HAVE IN HERE THINGS TO TALK ABOUT NOTIFYING, UH, AND AGAIN, I JUST GOT THIS SO I, YOU KNOW, I DON'T HAVE A GOOD GRASP OF IT, BUT IT TALKS ABOUT NOTIFYING, UH, A CORPORATE ENTITY IN DALLAS ABOUT IT.
AND THAT'S NOT REALLY LIKE GONNA GET YOU REAL TIME RESPONSE FOR THIS STUFF.
WHEN IS THIS DOCUMENT DO QUENTIN? WHEN DOES IT, WHEN IS, WHEN IS IT SUBMITTED TO A REGULATORY AUTHORITY? THE, UM, SPILL PREVENTION CONTROL COUNTER MEASURES PLAN WILL BE, IF YOU WOULDN'T MIND, PLEASE SPEAK INTO THE MICROPHONE OF THE COMMISSIONERS HERE.
THE ACTUAL SPILL ME SPILL CONTROL COUNTERMEASURE PLAN FOR THE SITE, UM, WOULD BE FINALIZED AT THE TIME OF CONSTRUCTION.
AND IF YOU WOULDN'T MIND, STATE YOUR NAME FOR SURE.
YEAH, BUT SEE, AND I UNDERSTAND THAT, BUT AT TIME CONSTRUCTION ASSUMED WE'VE ALREADY APPROVED THIS, WHICH IS A LITTLE BIT LIKE THE HORSE LEAVING THE GATE, OR, I DUNNO WHAT THE METAPHOR IS.
BUT, UH, IN ANY EVENT, UH, YOU KNOW, PLEASANTON, TEXAS, I 35, THAT'S NOWHERE, UH, YOU KNOW, NEAR HERE, UH, YOU KNOW, PLANO, TEXAS, YOU KNOW, SO, YOU KNOW, IF WE'RE LOOKING FOR REAL TIME MITIGATION TO PROBLEMS, UH, NOTIFYING FEMA IN DALLAS ISN'T GONNA DO ANY GOOD.
AND, AND THOSE ADDRESSES ARE THE CORPORATE LOCATIONS.
UM, MY UNDERSTANDING IS THE HAZMAT CREW WOULD PROBABLY HAVE APPROXIMATELY A 40 MINUTE RESPONSE TIME, AND THAT WOULD BE THE SECOND RESPONDER TO THE FIRE DEPARTMENT.
[01:15:01]
UH, PERHAPS SO, BUT THAT'S NOT WHAT'S ON THE PAPER.I, I GO BY WHAT I SEE HERE, AND THIS IS WHAT I SEE HERE.
AND AGAIN, YOU KNOW, IF I HAD HAD TIME TO REVIEW THIS PRIOR TO THIS MEETING, SURE.
I MIGHT HAVE BEEN ABLE TO ASK THESE QUESTIONS EARLIER AND BEEN ABLE TO, YOU KNOW, DISCUSS WITH YOU IN A MORE, YOU KNOW, GET, GET BETTER ANSWERS TO THESE QUESTIONS.
UH, SO, YOU KNOW, LIKE I SAID IN THE END, MY, MY THING IS WHAT THE WORST CASE SCENARIO, NOT WHAT IS YOUR MODELING LOOK LIKE? CUZ YOU CAN DEVELOP A MODEL THAT SAYS, WELL, IT LOOKS LIKE 35 GALLONS.
WORST CASE SCENARIO IS 350 GALLONS AND BENZE IS A SOLUBLE PRODUCT THAT GOES INTO THE WATER AND IT DOESN'T REALLY GO AWAY.
AND SO YOU'VE GOT A TEAM OF ENGINEERS SEAL THESE THINGS.
WELL, I, WE ARE LIABLE FOR 'EM.
WE'RE, THIS ISN'T A BAIT AND SWITCH, DON'T THINK I'M NOT SAYING IS, I'M SAYING WHAT THE WORST CASE SCENARIO AND HOW DO WE AS A COMMISSION EVALUATE WHAT YOU BRING FORTH TO US AND HAVE YOU MITIGATED AGAINST THE WORST CASE SCENARIO.
THAT'S WHAT WE HAVE TO EVALUATE.
I UNDERSTAND, AS WE TALKED ABOUT TODAY, THAT YOU DON'T BELIEVE THAT THE WORST CASE SCENARIO IS 35 GALLONS.
THERE ARE EXPERTS HERE WHO DESIGN FUEL STATIONS FOR A LIVING AND THEY'VE SEALED DOCUMENTS THAT THE SAY THAT THE MAXIMUM SPILL IS LIKELY 35 GALLONS THE BEST THAT THEY CAN CALCULATE.
UM, WHAT IS A SIZE OF THE TANK THAT'S GONNA BE HOLDING THE FUEL? HOW MANY GALLONS? IT'S 5,000 GALLONS.
SO I, I TOO, I CONCUR WITH SOME OF THE CONCERNS THAT COMMISSIONER BRAMER IS RAISING.
UM, I THINK WE GOT THIS MATERIALS MANAGEMENT PLAN.
UM, THE EMAIL STATES 2 51 THIS AFTERNOON.
SO FOR ME, I WAS QUICKLY SCRAMBLING TO GO THROUGH IT AS, AS YOU KNOW, AS I'VE GOT IT.
SO IN THE PROCEDURES, AND THIS IS ON PAGE THREE DASH THREE, IT TALKS ABOUT, UH, THE PLAN YOU'RE GONNA, SO KEEP IT IN MY 5,000 GALLONS AND IF THERE WAS AN EXPLOSION AND IN THAT TANK WAS THE FULL CAPACITY, I CAN'T IMAGINE WHAT THE, WHAT SIZE THE EXPLOSION WOULD BE.
BUT THE RESPONSE HERE IS THAT, UM, THERE WOULD BE A CLASS B R EXTINGUISHER THAT WOULD PRESENT THAT WILL BE PRESENT AND THAT EX EXTINGUISHER WILL PROVIDE 20 SQUARE FEET OF COVERAGE.
SO I DON'T KNOW THAT THAT'S, YOU KNOW, THAT'S ONE PIECE THAT I'M POINTING OUT ON THE, ON THIS AND THAT CONCUR, THE HAZMAT, UM, FIRE STATIONS FOUR, UM, FIRE STATION 14, THAT'S ON AIRPORT BOULEVARD.
UH, FIRE STATION 20 IS ON MIN CHAKA FIRE STATION 28 IS ON PARMER AND BAR STATION 32 IS MONTE BEO.
AND I DON'T KNOW WHAT THE RESPONSE TIME WOULD BE FOR ANY ONE OF THEM TO GET TO THIS LOCATION.
CAN WE GO BACK FOR JUST A MOMENT? MAYBE THIS WILL HELP ANSWER THOSE QUESTIONS WITH RESPECT TO EXPLOSION OF THAT TANK.
I'M NEVER GONNA SAY IT WILL NEVER HAPPEN, BUT I WILL TELL YOU THAT THAT TANK IS PRETTY MUCH THE GOLD STANDARD.
IT'S A DOUBLE WALL STEEL TANK.
IT HAS LIGHTWEIGHT CONCRETE IN BETWEEN THOSE WALLS TO ACT AS AN INSULATOR.
AND IF YOU READ AND SEEN SOME OF THE, THE, THE WAY THAT IT WAS UL LISTED, I'VE USED THOSE TANKS IN PRISONS BECAUSE OF THEIR DIFFICULTY IN GETTING INTO, SO GOING INTO THE TANK, THERE'S A FIRE VALVE TO THAT WILL SHUT OFF IF THERE'S A FIRE GOING INTO AND OUT OF THE TANK, THE TANK ITSELF WITH THAT INSULATION WILL BURN.
YOU CAN HAVE A FIRE DIRECTLY UNDER A FULL FORCE FIRE FOR TWO HOURS BEFORE THE TEMPERATURE INSIDE THE TANK GETS HIGH ENOUGH TO START CAUSING THE FUEL TO, TO VAPORIZE.
UM, AND WITH ALL OF THE VALVES SHUTTING DOWN AND WITH ALL OF THE, UM, VENTS OPENING, IT KEEPS THE FIRE FROM SPREADING.
YOU COULD GO ON TO, UH, N F P, NATIONAL FIRE PREVENTION ASSOCIATION.
THEY HAVE A LOT OF THE GUIDANCE DOCUMENTS THEM AND THE PEI AND A LOT OF THE N F P DOCUMENTS HAVE, UM, YOUTUBE VIDEOS WHERE YOU CAN SEE TESTING AND THINGS THAT THEY'VE DONE ON THOSE, THOSE TANKS.
SO THE 5,000 GALLON TANK IN OF ITSELF IS, UH, IN THE FUELING INDUSTRY
[01:20:01]
IS CONSIDERED A BABY TANK.IT'S VERY SMALL AND, UH, JUST AS A MATTER OF WHAT ELSE, THAT OVERFILL VALVE THAT I SPOKE OF BEFORE LIMITS TO 90% OF THE VOLUME OF THE TANK.
SO THEORETICALLY IT'S ONLY AT FULL.
IT'S ONLY 400, UH, 4,900 GALLONS, NOT 5,000.
YOU KNOW, THAT'S JUST A SPEAKING POINT, BUT THAT'S THE CASE.
SO THE FACT AND THE TANK IS CALLED A, IS CALLED A PROTECTED TANK.
AND, UM, IT'S, I'VE USED THEM FOR GASOLINE.
OF COURSE THIS IS GASOLINE TOO, BUT ALL KINDS OF, UH, CHEMICALS THAT ARE MUCH MORE HAZARDOUS THAN GASOLINE.
SO HAS THE FIRE DEPARTMENT APPROVED THIS PLAN TO JUST HAVE THAT ALL YOU NEED IS A CLASS B FIRE EXTINGUISHER? NO, THAT DOCUMENT HASN'T BEEN REVIEWED AND IT WON'T, THE CLASS B IS ALL THE 2020 BC IS ALL WE NORMALLY PUT ON 2020 BC PAM, BUT THAT DOCUMENT WILL BE APPROVED BY THE REGULATORY AGENCIES IN THE CONSTRUCTION PHASE.
ACTUALLY, YOU MIGHT BE ABLE TO SPEAK TO THIS A LITTLE BIT BETTER THAN ME, BUT, UH, THE MATERIALS MANAGEMENT PLAN WILL BE REVIEWED, UM, BY THE FIRE DEPARTMENT AT SOME POINT IN THE BUILDING.
UM, I ALSO HAD A QUESTION IS ANY ARE THE TANK FUEL LINE OR THE DISCHARGE LOCATION? I'M REMEMBERING WHEN WE HAD THAT, YOU KNOW, INTENSE FLOODING ALONG THE COLORADO RIVER THAT EVERYBODY'S WAS WATCHING THE MANSFIELD DAM BECAUSE ALL OF THE GATES WERE OPEN.
UH, SO I'M THINKING, OKAY, THAT DAMN GIVES WERE REALLY IN TROUBLE BECAUSE DEBRIS WAS, YOU KNOW, DOGS, BOATS, WHATEVER, YOU KNOW, PARTS OF HOMES WERE COMING DOWN.
UM, IS ANY OF THIS GAS LINE TANK ANYTHING ON IN WITHIN THAT FLOOD PLAIN? YEAH, I MEAN THE TANK IS CLEARLY IN THE FLOOD PLAIN CUZ IT'S OVER THE LAKE, BUT THEY, UH, NOT THE TANK, I'M SORRY, THE FUEL PUMP.
BUT RICK MODELED FOR, UH, OR HE, HE, YOU WANNA COME TALK ABOUT IF THE PUMP GETS KNOCKED OVER, IF THE PUMP COMES OFF THE BASE, THERE'S A STEEL BASE THAT THE TANK THAT THE DISPENSER IS MOUNTED ON THAT BASE HAS A SHEER VALVE OR AN EMERGENCY VALVE AND IT'S A DOUBLE POP.
IT, MEANING IT CLOSES ON TWO SIDES.
SO IF THE DISPENSER WERE KNOCKED OFF FROM WHATEVER REASON, AN AIR BOAT, UH, FLOOD, WHATEVER, AS IT SHEARS OFF, IT CLOSES THE, THE VALVE, ANY FUEL THAT'S IN THE DISPENSER IS HELD IN ANY FUEL IN THE FUEL LINE BELOW IS HELD IN.
BUT IS ANY THE TANK OR ANY OF THAT WHEN YOU KEEP IN MIND HOW HIGH THE WATER GOT MM-HMM.
CUZ THAT'S THE HIGHEST ON RECORD THAT WE HAVE SO FAR.
AND I DON'T KNOW THE ANSWER TO THAT QUESTION.
WE, IT'S OUTSIDE OF THE HUNDRED YEAR FLOOD PLAIN.
I'VE GOT A AND THAT'S REALLY ALL THAT'S ON THOSE PLANS.
UM, THE OTHER QUESTION THAT I HAVE, UM, AND I I'M LIKE COMMISSIONER BROWNER, I'M GONNA HAVE TO LOOK AT THIS CONTINGENCY PLAN.
UM, WHAT IS THE RESPONSE THAT IS GOING TO BE PROVIDED? SO WE'VE GOT A PLAN TO TRY TO SHUT DOWN, TRY TO MITIGATE WHAT IS THE RESPONSE FOR THE COMMUNITY THAT'S GOING TO, THAT IS BEING HARMED? YOU KNOW, THEREFORE THE, YOU KNOW, WATER MAKE IT CONTAMINATED.
WHAT, WHAT IS THE RESPONSE FOR THAT COMMUNITY? ARE Y'ALL GONNA PROVIDE 'EM BOTTLED WATER UNTIL THERE'S RECOVERY? UM, WHO'S GONNA PAY FOR THAT? SO IN OUR STUDIES, IN OUR RESEARCH AND IN OUR MODELING, WE DON'T SEE THAT THERE'S GONNA BE ANY IMPACT TO THE NEIGHBORS.
WE HAVE NOT TALKED ABOUT ANYTHING BEYOND THAT.
SO FROM THE POINT OF WHERE THE DISCHARGE, UM, LINE WHERE THE DISCHARGE POINT IS AND THINKING ABOUT HOW FAST FLOW WATER FLOWS MM-HMM.
I DON'T KNOW THE VELOCITY OF, AT THAT POINT IN LAKE AUSTIN.
YOU KNOW, PLEASE, PLEASE STATE YOUR NAME.
[01:25:01]
MIKE FIRA.UM, I SPENT MY 30 YEAR CAREER DOING SIMULATIONS WITH SPILLS AND, UM, ESTIMATING IMPACTS FROM SPILLS.
I WORKED ON THE SAND J SPILL, WORKED ON BP DEEP WATER.
UH, I WAS ASKED TO SIMULATE THE MODEL HERE OF THE SYSTEM.
UH, I LOOKED AT, THERE'S FAST FLOWS AND THERE'S SLOW FLOWS.
IN GENERAL, THIS IS A VERY SLOW MOVING SYSTEM.
UM, IT WOULD TAKE HOURS FOR, UM, ON TYPICAL DAY TO REACH THE INTAKE, EVEN THOUGH IT'S ONLY, UM, 740 FEET AWAY.
UM, IT'S, IT'S A SLOW MOVING SYSTEM, UM, ON, ON YOUR AVERAGE FLOW CONDITIONS.
ON THE FAST CONDITIONS, IT CAN TAKE, YOU KNOW, AN HOUR AND YOU'LL BE THERE.
UM, BUT WHEN IT IS THAT FAST, IT ALSO VERY QUICKLY DILUTES.
AND IF THE SPILL WERE TO OCCUR, IT WOULD BE A PULSE WOULD NOT BE A CONTINUOUS SOURCE, SO IT WOULD BE A BLIP AND IT WOULD BE GONE, AND THEN IT'LL BE GONE.
UH, SO IT WOULD NOT BE A CONTINUOUS SOURCE, UM, OF INFILTRATION INTO THE SYSTEM.
THE SECOND POINT IS, IF A SPILL WERE TO OCCUR, GASOLINE FLOATS, OIL FLOATS.
THE INTAKE IS 5.5 FEET BELOW THE WATER SURFACE.
SO THE DISSOLVED PARTS OF THE OIL ARE SMALL.
THERE IS SOME OF IT THAT IS SOLUBLE THAT CAN GET DOWN, BUT IT WOULD HAVE TO TRAVEL DOWN TO THE 5.5 FOOT DEPTH.
AND IN GENERAL, IT KIND OF STAYS NEAR THE SURFACE.
SO THE AMOUNT THAT ACTUALLY SOLUBLES IS SMALL, AND THE AMOUNT THAT ACTUALLY GETS DOWN TO THE 5.5 FEET IS SMALL, AND BY THE TIME IT REACHES THERE, IT GETS VERY DILUTED.
SO IT'S THE NUMBER OF COMBINATION OF FACTORS THAT AFFECT WHAT WOULD ACTUALLY BE PULLED INTO THE INTAKE AS IT PASSES BY.
THOSE, THOSE ARE ALL THE QUESTIONS FOR NOW.
I JUST WANTED TO THANK, UH, STAFF FOR THE PRESENTATION, THE APPLICANT, AND THE, FOR THE COMMUNITY FROM THE HEARING FROM THE COMMUNITY TODAY.
BUT I DON'T HAVE ANY QUESTIONS.
HEY, Y'ALL JUST WANTED TO, UH, THANK STAFF, THE APPLICANT, UM, YOU KNOW, AND THE COMMUNITY AS, UH, COMMISSIONER SHE SAID FOR SHOWING UP TODAY AND GIVING VERY INFORMATIVE PRESENTATIONS AND COMMENTS.
I HAD A FEW QUESTIONS FOR STAFF AND THEN SOME FOR THE APPLICANT AS WELL, UH, FOR STAFF.
YOU KNOW, I SAW THAT, UM, I FORGET WHAT THE DATE WAS.
I THINK, YOU KNOW, UH, GAS ON THE LAKE HADN'T BEEN APPROVED SINCE LIKE 85.
MIGHT AS WELL BE 65, WHATEVER.
UM, WHAT SCENARIO COULD YOU SEE LIKE ANOTHER GAS STATION ON THE LAKE BEING APPROVED? RIGHT? IT DOESN'T REALLY SEEM LIKE ANYONE'S REALLY IN THE MOOD TO BE LIKE, YEAH, WE NEED MORE GAS STATIONS ON THE LAKE.
SO, UM, OBVIOUSLY IT WOULD HAVE TO BE NOT UPSTREAM FROM ANYTHING IMPORTANT.
RIGHT? THAT'S JUST ME AS LIKE A DUMB LAY PERSON THAT JUST KNOWS WATER, PRETENDS NO WATER.
LIKE IS THERE ANY PLACE WHERE YOU COULD SEE THAT HAPPENING IN LIKE, EVEN THE FORESEEABLE FUTURE? I THINK THAT'S FOR PAMELA, IF SHE'S STILL, YEAH, THAT WAS FOR, UH, STAFF.
UM, IT'S, YEAH, IT'S, IT'S DIFFICULT TO TALK ABOUT, UM, HYPOTHETICALS.
UM, WE WOULD HAVE TO LOOK AT THE, THE, THE PROPOSAL AND GO THROUGH THE FINDINGS OF FACT TO MAKE SURE THAT THEY MET THE FINDINGS EFFECT.
BUT I, I WOULD, UM, AGREE THAT IT DOES SEEM LIKE IT WOULD BE A BIT OF A STRETCH TO, TO, UM, FIND THAT ANYTHING IS, UM, THAT IT WOULD BE REQUIRED OR, OR NECESSARY FOR REASONABLE USE OF THE PROPERTY AND WOULD NOT HAVE ANY SIGNIFICANT PROBABILITY OF ENVIRONMENTAL CONSEQUENCES.
SO I THINK IT, IT WOULD BE DIFFICULT TO, TO IMAGINE A SCENARIO, UH, WHERE ONE WOULD BE RECOMMENDED FOR SUPPORT.
BUT, UM, AGAIN, IT'S HARD TO, TO ANSWER HYPOTHETICALS.
UM, THAT WAS KIND OF, UH, WHAT I WAS THINKING, UH, AS WELL.
AND THEN MY SECOND QUESTION WAS, UM, SO I BELIEVE THE, THAT CURRENTLY, RIGHT, IF THERE'S NOT GOING TO BE, UH, A GAS LINE INSTALLED WITH, YOU KNOW, UH, A FUEL PUMP OR WHATEVER, YOU KNOW, AND WE HAVE THIS, YOU KNOW, FIVE GALLONS SORT OF JUST, YOU KNOW, FILL UP AS YOU WILL OR WHATEVER THE CASE MAY BE.
I THINK, UH, I REMEMBER SOMEONE SAYING THAT THERE'S NOT CURRENTLY MUCH REGULATION ON THAT.
SO LET'S SAY, YOU KNOW, I'M AVERAGE JOE BLOW WITH A BOAT.
I'M TRYING TO FILL MY GAS UP, UH, IN THE BOAT WITH JUST LIKE, YOU KNOW, THESE RANDOM FIVE GALLON CANISTERS
[01:30:01]
I'VE GOT.UH, AND LET'S SAY BOO ACCIDENTALLY SPILLED IT INTO THE LAKE.
UH, THEY, I REMEMBER SOMEONE SAYING, THERE'S NOT REALLY MUCH REGULATION NOW.
SO WHAT WOULD THE PROCESS BE FOR TRYING TO DEAL WITH LIKE THAT SMALL SPILL? DOES EVERYONE JUST BE LIKE, OH, PRETEND IT DIDN'T HAPPEN.
LIKE WHAT WOULD THE PROCESS BE FOR THAT
I DON'T, I DON'T KNOW, LIZ, THAT MAYBE IN YOUR, SORRY.
YEAH, I MEAN, WE DO NOT HAVE INSPECTORS GOING UP AND DOWN THE LAKE LOOKING FOR SPILLS.
SO IT WOULD BE, YOU KNOW, A CONTINGENT UPON SOMEONE BEHAVING RESPONSIBLY WITH AN ABSORBENT BOOM OF SOME SORT TO ABSORB THE MATERIAL.
BUT YEAH, I MEAN, IT'S, IT'S LIKELY THAT THAT DOES NOT HAPPEN.
UH, IF THERE'S ONE THING I KNOW ABOUT THE BOAT OWNERS IN AUSTIN, THEY'RE ALL RESPONSIBLE FOR SURE.
AND THEN, UH, MY LAST QUESTION IS, UM, FOR THE APPLICANT, UM, YOU KNOW, THERE'S BEEN TALKS ABOUT, YOU KNOW, Y'ALL OWNING PROPERTY NEAR, UH, THIS CURRENT SITE PLAN.
UM, AND THEN I DO REMEMBER THEM SAYING THAT, YOU KNOW, ORIGINALLY THERE WAS LIKE A, A RESTAURANT SLASH BAR SLASH VENUE OR SOMETHING, UH, THAT WAS, YOU KNOW, PREVIOUSLY IN THIS COMMERCIAL SPACE.
UM, WOULD Y'ALL BE PLANNING TO BRING THAT BACK RIGHT AS THE IDEA TO HAVE A MARINA, LIKE A, A BOAT GAS STATION, AND THEN SOME KIND OF LIKE RESTAURANT SLASH BAR IN THE SPACE? AND THEN WHAT, DO Y'ALL HAVE ANY PLANS OR FORESEE WHAT THE PLANS COULD POSSIBLY BE FOR THE SURROUNDING AREA THAT YOU OWN? SO I'M A BOAT DOCK ENGINEER, SO ALL THAT I DO IS BOAT DOCKS AND SHORELINE WALLS ON LAKE AUSTIN.
I, I, THIS IS WHAT I KNOW ABOUT.
I JUST WAS WONDERING IF MAYBE THE OWNER, YOU KNOW, WAS HERE AND HAD, DO YOU WANNA SPEAK TO HER? IF YOU WOULDN'T MIND, STATE YOUR NAME.
BOARD MEMBER, NAEL MEAD, UH, COMMISSIONER NAEL MEAD, UM, HERE AS REPRESENTATIVE OF THE, THE OWNER, WE HAVE BEEN TALKING, WELL, SO OUR CLIENT, UM, LIVES IN AUSTIN.
I KNOW THERE ARE QUESTIONS ABOUT, I DON'T KNOW WHERE THE THING ABOUT SOMEBODY FROM DALLAS BEING THE CONTACT, BUT IT IS A FAMILY THAT LIVES IN AUSTIN.
THEY OWN A, HAVE BOUGHT A CONSIDERABLE AMOUNT OF PROPERTY AROUND THIS PEER SITE.
THE PEER SITE THEY ACTUALLY PURCHASED BECAUSE THERE WAS A PROPOSAL TO DO A VERY BAD DEVELOPMENT ON THIS SITE.
THEY LIVE IN THIS NEIGHBORHOOD.
AND, UH, JOINED WITH TERRY BARNES AND OTHERS TO TRY TO REMEDY THAT SITUATION.
THEY FELT AT THE TIME, LIKE, THEY SHOULDN'T JUST TELL THE FOLKS WHO OWNED THE PROPERTY AT THAT TIME, YOU CAN'T DO WHAT YOU NEED TO DO ON THE PROPERTY.
SO THEY BOUGHT IT AND SAID, WE'LL PUT OUR MONEY WHERE OUR MOUTHS ARE.
WELL, WE BOUGHT IT, THAT WAS IN 2006, AND THEY HAVEN'T DONE ANYTHING WITH IT SINCE, BECAUSE IT IS A COMPLICATED PIECE OF PROPERTY.
IDEALLY, THERE'S A, I DON'T KNOW IF YOU HAVE BEEN IN AUSTIN LONG ENOUGH TO REMEMBER THE PIER RESTAURANT THAT WAS HERE, KIND OF AN ICONIC MUSIC VENUE KIND OF PLACE.
UM, IDEALLY THEY, THERE'S A LOT OF LOVE FOR THE PIER AND, AND NOSTALGIA AROUND IT.
THEY WOULD LOVE TO RESURRECT THE PIER IN SOME FORM, BUT BECAUSE OF THE COMPLICATION OF THIS PROPERTY, IT PROBABLY WOULD BE ALONG THE LINES OF LIKE, SOME KIND OF A PRIVATE CLUB.
SO PROBABLY, YOU KNOW, FOOD AND, YOU KNOW, SOME KIND OF ENTERTAINMENT, BUT ON A PRIVATE BASIS.
COMMISSIONER SCOTT, DO YOU HAVE ANY QUESTIONS? UH, I WOULD LIKE TO THANK EVERYBODY FOR THE WORK THAT'S GONE INTO THE, UH, UH, VARIOUS PRESENTATIONS AND ALSO THE, UH, PUBLIC FOR THE, UH, OF REMARKABLE AMOUNT OF, UH, INPUT THAT WE'VE, THAT WE'VE GOTTEN.
I DON'T THINK WE'VE HAD ANYTHING COME UP DURING, DURING MY TIME ON THE COMMISSION THAT HAS, UH, RECEIVED, UH, SUCH OVERWHELMING, UM, UM, DISAPPROVAL AS, AS THIS PARTICULAR PROJECT.
AND, UH, FOR THAT REASON, AND BECAUSE THE, UH, STAFF, UM, DOES NOT APPROVE IT, I, I DON'T REALLY SEE THE POINT OF ASKING ANY FURTHER QUESTIONS BECAUSE I, I CAN'T SEE ANY, UM, UH, I CAN'T FORESEE VOTING, UH, FOR THIS, WHICH AT THE MOMENT LOOKS KIND OF LIKE A PIG AND A POKE TO ME.
UH, AND I, I DON'T SEE WHY THE ENVIRONMENTAL COMMISSION WOULD BE BE, UH, PROVING A, A PIG AND A POKE.
[01:35:01]
LOT MORE WORK WOULD HAVE TO BE DONE AND SOMETHING WOULD HAVE TO BE BROUGHT BEFORE US THAT DOES MEET, UM, CONDITIONS, UH, BEFORE WE WOULD CONSIDER GOING FORWARD.I DON'T KNOW EXACTLY WHAT'S GOING ON WITH MY VOICE TONIGHT.
DO YOU HAVE ANYTHING? THANK YOU, CHAIR.
UM, I HAVE VERY FOND MEMORIES OF THE PEER, UH, UH, FOR YEARS.
AND, UH, I WON'T SHARE ALL THOSE, ESPECIALLY DURING MY HIGH SCHOOL TIME, UM,
BUT I, I WILL SAY THAT, UH, ONE OF MY MEMORIES, UH, OF THAT PLACE WAS, UM, YOU KNOW, THE BATHROOMS NEVER WORKED.
UH, AND SO WE TALKED ABOUT THE BATHROOMS EARLIER AND, UM, I, I SHARE, UH, OTHER PEOPLE'S CONCERNS ABOUT WHERE THOSE MIGHT BE AND, UH, HOW THEY MIGHT FUNCTION.
SO THIS IS A GRANDFATHERED STRUCTURE, SO WE DON'T HAVE TO HAVE BATHROOMS FOR THE PEER, FOR THE DOCK ITSELF, THE ATTENDANT, WHAT WE'RE THE ATTENDANT WILL BE, YOU KNOW, HAVE A, SOMETHING TEMPORARY, A PORTA POTTY, DON'T.
DO YOU THINK, OR WE'VE TALKED ABOUT THAT TRAILER, SOMETHING AGAIN TO KILL ME AND I SHOULD NOT HAVE SAT DOWN.
UM, THE IDEA IS THAT THE STRUCTURE WILL BE RENOVATED, OBVIOUSLY IT WOULD HAVE RESTROOMS. UM, UNTIL THAT HAPPENS, WE WILL PROBABLY BUILD SOMETHING ALONG THE LINES OF LIKE A TINY HOME WHERE THE OPERATORS WILL WORK OUT OF, AND THERE IT WILL HAVE RES, YOU KNOW, BACK IN THE DAY, I DON'T EVEN THINK THE PIER HAD WATER, ACTUALLY,
UM, LET'S NOT, UH, RE REINVENT THAT.
UM, UH, THANK YOU FOR ANSWERING THAT.
UM, SO, UM, UH, A COURT ON THE BOATS, ARE THOSE, THE BOAT SLIPS, ARE THOSE RENTED DAILY, WEEKLY, YEARLY, HOURLY? WHAT'S THE PLAN ON THOSE? YOU KNOW, YOU GOTTA SPEAK TO THAT TOO, CAUSE I DON'T KNOW.
YOU JUST MIGHT AS WELL JUST STAY UP THERE PROBABLY FOR MY QUESTIONS.
THEY WILL NOT BE RENTED TO THE PUBLIC.
UM, THEY'LL BE USED BY THE PATRONS OF THE, WE KEEP CALLING IT A PRIVATE CLUB.
IT'S NOT LIKE A SUPPER, IT'S KINDA LIKE A SUPPER CLUB, BUT, UM, THE PATRONS OF THE FACILITY, SO THEY WON'T BE SEPARATELY RENTED OUT.
SO THEY, SO WHAT I'M THINKING ABOUT IS THE DIFFERENCE BETWEEN SOMETHING THAT'S, YOU KNOW, YOU, YOU HAVE A YEARLY BOAT SLIP.
YEAH, NO, IT'S NOT LIKE BOAT STORAGE WHERE YOU CAN JUST LEAVE YOUR BOAT THERE ALL THE TIME.
SO IT'S NOT, IT'S NOT YEARLY THEN THEY'RE COMING, COMING AND GOING MORE FREQUENTLY.
UM, YOU SAID WITH PRE-BOOKING COMING AND GOING WITH I JUST, WITH PRE-BOOKING.
UM, BUT NO, WHAT I'M ASKING IS, UM, YOU KNOW, IT, LIKE, LET'S SAY DOWN THE WESTLAKE MARINA, YOU KNOW, YOU STORE YOUR BOAT THERE, YOU TAKE IT OUT AS YOU WANT, YOU COME BACK AS YOU WANT.
UM, IF THIS IS MORE LIKE THE BOAT SLIPS DOWN NEAR CHEWIES FOR EX, I MEAN, UM, HULA HU FOR EXAMPLE, YOU KNOW, YOU'RE COMING IN AT A CERTAIN TIME, SO THERE'S MORE FREQUENCY, UM, AND MORE VOLUME OF PEOPLE COMING AND GOING IS KIND OF WHAT I'M GETTING AT.
LIKE, WHAT'S THE, WHAT'S THE TYPE OF FREQUENCY FOR THE BOATS COMING AND GOING? YEAH, I DON'T, IT'S NOT GONNA BE RENTED OUT TO ANYBODY TO JUST BRING YOUR BOAT THERE AND LEAVE IT, BUT IT WILL BE PRIVATE.
AND SO I DON'T THINK IT'LL BE QUITE LIKE CHEWY OR A, UM, HULA HUT WHERE PEOPLE ARE ALL DAY LONG, ALL WEEKEND LONG, MOVING BOATS IN AND OUT.
UM, BUT WE ALSO ARE NOT EXPECTING, YOU KNOW, THIS WILL BE THE OWNER AND PEOPLE, THE OWNER KNOWS.
WE'RE NOT EXPECTING ANYBODY TO HAVE THEIR BOAT THERE ALL THE TIME.
IT'LL BE SOMEBODY WHO'S COMING TO THE FACILITY.
BUT AGAIN, WE'RE TALKING A PRIVATE FACILITY, NOT LIKE A HULA HUT WHERE, YOU KNOW, THERE'S CONSTANT TRAFFIC AND YOU, YOU WOULD BASICALLY HAVE TO BE INVITED BY THE OWNER TO BE THERE.
UM, YEAH, SO, UM, SO GETTING TO, UM, WHAT ONE OF THE PRESENTATIONS WAS EARLIER ABOUT, YOU KNOW, UH, MORE BOATS BEING, UM, YOU KNOW, ELECTRIC POWERED VERSUS GAS POWERED.
I KNOW THE, YOU KNOW, A LOT OF THE, UM, YOU KNOW, YOUR JET SKIS AND STUFF ARE ALREADY ELECTRIC POWERED.
I MEAN, DO YOU PERCEIVE HAVING, UM, EV CHARGING STATIONS THERE, UH, FOR A BOAT OR SOMETHING ALONG THOSE LINES? I, BEING A NOVICE ON THE LAKE REALLY HAD NEVER THOUGHT OF THAT.
SO I THOUGHT IT WAS AN INTERESTING CONCEPT ABOUT BOATS TRANSITIONING, JUST LIKE CARS HAVE INTO BEING ELECTRIC POWERED.
UM, IF YOU KNEW THIS OWNER, YOU WOULD KNOW, HE'D BE ALL OVER THAT.
UM, AND SO YEAH, I THINK THAT'S ABSOLUTELY SOMETHING WE WOULD COMMIT
[01:40:01]
TO.UM, YOU KNOW, HAVING A EQUIVALENT IF JANICE TELLS ME IT'S PHYSICALLY DOABLE, HAVING EQUIVALENT AMOUNT OF ELECTRIC CHARGING FOR THE BOATS THAT WOULD BE AT THE FACILITY.
I THINK THAT'S KIND OF AN INTERESTING CONCEPT.
AND YEAH, THIS IS NOT AN OWNER, THIS IS AN OWNER IN TECH AND THEY'RE VERY PROGRESSIVE AND THEY WOULD NOT BE AGAINST THAT.
AND I AM NOT ANY SOURCE OF INFORMATION ON ELECTRIC CHARGING, BUT THE BOATS ARE THERE, THE GASOLINE IS THERE, AND IT'S COMPLETELY UNREGULATED.
AND SO THE GUESSING OF BOATS IN THE LAKE CAN EITHER REMAIN UNREGULATED OR IT CAN BE REGULATED.
IT'S THE WAY, AND I BELIEVE EVERYTHING I'M SAYING.
YEAH, I, I, I SEE THAT YOU DO.
AND, AND THANK YOU FOR ANSWERING, UM, THAT QUESTION.
UM, SO MY, UM, MY OTHER QUESTION ALONG THOSE LINES, YOU KNOW, YOU'VE TALKED ABOUT HAVING A, UH, A GAS ATTENDANT THERE, UM, WHICH, YOU KNOW, I JUST ENVISION A TEENAGER IN SHORTS, UM, AND, YOU KNOW, UM, NOT WELL TRAINED ON MUCH OF LIFE.
UM, WILL THERE ALSO BE A STORE OR ANY KIND OF, UM, SALES OF OTHER CHEMICALS LIKE OIL ANTIFREEZE, ANY KIND OF CLEANING PRODUCTS? NO, THERE'S NO PLAN FOR THAT AT ALL.
AND I THINK THEY WOULD BE WILLING TO COMMIT TO PROHIBITING THAT.
I DON'T, THERE'S NEVER BEEN ANY DISCUSSION ABOUT THAT AT ALL.
UM, AND THEN PART OF THE PROPERTY FALLS WITHIN THE GOLDEN CHIEF WARBLER HABITAT, UM, CONSERVATION, UM, HABITAT ZONE ONE, I BELIEVE THE REST OF IT'S IN TWO OR THREE.
I DON'T REMEMBER WHICH, BUT HOW CLOSE IS THE FUELING STATION TO, UM, THAT, THAT IS A JAN'S QUESTION.
I DON'T, I DON'T KNOW THE GO GO.
GOLDEN CHEEK WARBLER HABITAT NEVER CAME UP IN THE CITY REVIEW PROCESS.
THEY USUALLY, THEY REVIEW FOR THAT.
AND, AND LIKE THE WHOLE, THE PART OF THE PROPERTY WHERE I WOULD THINK MIGHT BE HABITAT, WOULD YOU, AS YOU GET AWAY FROM THE WATER MM-HMM.
AND I KNOW THAT'S NOT CONDUCIVE TO WARBLER HABITAT, SO I'M NOT, I DON'T KNOW WHERE THAT WOULD BE, BUT THAT'S DEFINITELY SOMETHING WE'D BE WILLING TO LOOK INTO.
UH, MIKE MC DOUGAL ENVIRONMENTAL REVIEW DEVELOPMENT SERVICES DEPARTMENT, I DID WANT TO MENTION, UH, CLARIFY THE REQUIREMENT FOR ENDANGERED SPECIES IS THAT THE APPLICANT WOULD NEED TO NOTIFY THE AGENCIES THAT DO HAVE REGULATORY AUTHORITY, AND THAT'S IN THE LAND DEVELOPMENT CODE.
SO, FOR EXAMPLE, UH, THE APPLICANT MIGHT BE REQUIRED TO NOTIFY B C P OR FISH AND WILDLIFE OR SOME OTHER ENTITY LIKE THAT, AND THEN IT'S ON THE APPLICANT AND THAT REGULATING INTO THE, OF THE GOVERNMENT TO PROCEED WITH ENDANGERED SPECIES REQUIREMENTS.
BUT THE CITY DOES NOT HAVE SPECIFIC REGULATORY AUTHORITY FOR ENDANGERED SPECIES, JUST NOTIFICATION REQUIREMENTS.
AND THAT USUALLY COMES BACK AS A COMMENT, CORRECT? RIGHT.
AND WE DIDN'T GET THAT IT WOULD STILL BE A REQUIREMENT EVEN IF THE CITY DIDN'T MAKE THAT COMMENT.
UM, YEAH, SO THAT DOES SEEM TO BE SORT OF A, A LAG IN COMMUNICATION THERE.
I JUST WANNA GET CLARITY ON THAT BECAUSE IT DOES REST WITHIN THAT, THE CONSERVATION PLAN.
AND DO WE KNOW, YOU'RE SAYING YOU DON'T KNOW OF ANY HABITAT IN CLOSE PROXIMITY TO THE SITE? I, I DIDN'T REVIEW.
SO THE WAY THAT USUALLY HAPPENS IN REALITY IS YOU, YOU GET IT BACK AS A, I MEAN, MEAN, I, I'M, I'M NOT TELLING YOU THAT'S OKAY, BUT THAT'S WHAT HAPPENS.
YOU GET IT BACK AS A COMMENT, YOU NOTIFY THE, AND YOU HAVE TO CC THE STAFF THAT YOU'VE NOTIFIED THEM.
IT, IT'S ON THE MAP, SO IT'S KIND OF EASY TO SEE.
UM, LET'S TALK ABOUT THE TRENCHING REALLY QUICK.
I'M SORRY, I HAVE SO MANY QUESTIONS.
THANK, SEE
UM, AND THEN IT CUTS THROUGH, UH, A GROVE OF TREES THERE.
ARE ANY OF THOSE HERITAGE TREES, OR IS THAT ALL A CLUSTER OF SMALLER TREES THERE? TELL ME ABOUT THAT.
I, I THINK THERE'S A HERITAGE.
I THINK THERE ARE HERITAGE TREES DOWN THERE.
WE, UM, THE, WE WORKED WITH A TREE REVIEWER.
THIS HAS BEEN A WHILE, BUT IT, IT WAS, I THINK WE HAD TO ADD A NOTE THAT WE'RE GONNA HAND DIG IN THE CRITICAL ROUTE ZONE OF THE TREES DOWN THERE.
SO THAT YOU'RE GOING AROUND THOSE AS BEST WE CAN.
YEAH, WE WERE, UM, THE CITY STAFF WANTED US TO TAKE THE MOST DIRECT ROUTE FROM THE TANK TO THE GAS PUMP, WHICH MADE US GO THROUGH THE TREES.
WE HAD IT GO IN A DIFFERENT ROUTE AND THEY, THEY WANTED IT A STRAIGHT ROUTE.
[01:45:01]
WORKED WITH A TREE REVIEWER AND, AND SHE SIGNED OFF ON EVERYTHING AT THE END OF THE DAY.HE'S SHOWING ME THE, THE MAP AGAIN.
AND THEN, UM, SO THAT ANSWERS THAT ONE.
UM, SO WHEN THE, YOU KNOW, THE TENDON IS DOWN THERE AND HE'S GOT A CUSTOMER AND HE COMES UP AND HE'S PUMPING SOME GAS, YOU'VE GOT THE PUMP RIGHT THERE.
SO AS SOON AS HE HITS THE, YOU KNOW, THE TRIGGER, IS IT TRIGGERING GAS ALL THE WAY FROM THE TANK OR IS IS GAS SITTING IN THE LINE DURING ALL THAT TIME? GAS? RICK, YOU GOTTA COME.
I THINK HE SAID GAS IS IN THE LINE.
SO IT DOES DOOR WITHIN THE LINE? IT DOES, YES.
UM, I THINK THOSE ARE ALL MY QUESTIONS.
I JUST HAD ONE QUESTION, UM, WITH THE ATTENDED IS LIKE, IS THERE SOMEONE THERE LIKE 24 HOURS? LIKE IS IT LIKE BROKE IT OFF ON HIS SHIFTS, LIKE IN CASE LIKE EMERGENCY CAME UP? OR IS IT KIND OF LIKE EIGHT TO FIVE OR SUN UP THE SUNDOWN KIND OF DEAL? I SHOULD PROBABLY NOT ANSWER THIS, QUENTIN.
PROBABLY SHOULD, BUT NO, IT'S NOT.
SOMEBODY WON'T BE ON THE SITE 24 HOURS.
UM, ANY TIME THAT GAS WAS AVAILABLE, SOMEBODY WOULD BE ON THE SITE.
UM, AND THEN THE ALARM TRIGGERS AND CONTACTS SOMEBODY FROM THE COMPANY THAT'LL BE OPERATING IF SOMETHING HAPPENS AFTER HOURS.
BUT YEAH, THE, THE IDEA IS NOT THAT SOMEBODY WILL BE PHYSICALLY ON THE SITE 24 HOURS, BUT ALSO GAS WON'T BE AVAILABLE FOR PEOPLE TO BE MESSING WITH 24 HOURS.
THANK YOU FOR ALL OF YOU THAT HAVE COME, UH, TO SPEAK ON BEHALF OF THE PUBLIC.
UM, A A A COUPLE QUESTIONS, UM, RELATED TO KIND OF HOW THESE ARE INTERCONNECTED.
WE'VE GOT TWO, TWO, UH, REQUESTS, TWO VARIANCE REQUESTS HERE.
UM, UH, AND, AND SO WE HAVE, UM, SOME MITIGATION PLANTINGS.
I'M LOOKING AT THE STAFF AT, AT PAMELA'S PRESENTATION HERE.
COMMISSIONER THOMPSON, PAM, YOU GOT, WELL, I'LL, I'LL, YOU CAN GO AFTER ME.
UM, SO THE QUESTIONS I'VE GOT ARE RELATED TO THE, THE MITIGATION FOR, UM, THE WETLAND AND, AND I GUESS THE DREDGE, HOW THE, THE MITIGATION PLANTINGS.
ARE THOSE RELATED TO THE DREDGE ACT ACTION OR THE GAS TANK ACTION TO THE DOCK? SO IT, IT'S, IF A DOCK, IT'S, IT'S, WE HAVE TO, THEY MADE THAT AS A CONDITION OF THE, FOR APPROVAL OF THEIR, I MEAN, NOT OF APPROVAL, BUT THAT WAS A CONDITION OF, UM, THEM ANSWERING YES TO THE FINDINGS OF FACT ON THE DRUDGE.
UM, I WAS LOOKING THROUGH THE DOCUMENT THAT WAS SENT THIS AFTERNOON, AND IN SECTION SEVEN IN HANDLING AND STORAGE, IT SAID THAT THERE CAN'T BE FOOD OR BEVERAGES NEARBY.
UH, NO DIRECT SUNLIGHT, DRY, COOL, UH, WELL VENTILATED AREA AWAY FROM FOOD AND DRINK.
AND THAT KIND OF CONCERNED ME AND IT SORT OF LET ME KNOW WHY THEY DIDN'T GIVE US THE PLANS FOR THE ADJACENT, UM, AREA.
AND THEN IN THE VERY BEGINNING OF, UM, DOCUMENTS THAT WERE GIVEN TO US, IT SAID THAT, UH, SLIGHT CHANGES DON'T NEED A REVIEW.
AND SO I'M WONDERING, I I JUST DON'T UNDERSTAND, UM, WE DON'T HAVE ENOUGH INFORMATION ON SOME ASPECTS OF IT, AND IT'S TOTALLY TMI ON OTHERS.
AND SO, UM, I I REALLY THINK THAT IF THEY WERE ASKING FOR THE DREDGING WITHOUT THE FUEL STORAGE AND THE WHERE THE BOATS, THE, THE PLACES WHERE THE BOATS WOULD BE FILLING UP, IF THEY OMITTED THAT AND JUST ASKED FOR THE DREDGING OF THE BOAT SLIPS AND TOLD US WHAT THEY REASONABLY REALLY WANTED TO DO WITH THE REST OF THE PROPERTY, WHETHER OR NOT
[01:50:01]
THE PUBLIC WILL BE ALLOWED OR NOT IS TOTALLY NOT, I MEAN, WE DON'T THAT WE JUST WANT TO KNOW THE ENVIRONMENTAL ASPECTS THAT WE HAVE TO DEAL WITH.SO WHAT I'M SAYING IS THAT IT SEEMS LIKE IT'S ALL CATCH 22 THAT YOU CAN'T HAVE THE GAS RIGHT THERE AT THE END OF THE PIER ADJACENT TO THE BUILDING BECAUSE IT SAYS IN SECTION SEVEN THAT IT, AND THEN THE STORAGE AREA FOR THE TANK NEEDS TO BE AWAY FROM SUNLIGHT.
WE WEREN'T TOLD THAT THERE WAS GOING TO BE ANY SORT OF BUILDING AROUND IT.
WE TOLD, WE WERE TOLD ABOUT CONTAINMENT, BUT, UM, NO STRUCTURE TO PREVENT IT FROM THE SUNLIGHT, WHICH IS WHAT IT SAYS, A DRY, COOL, WELL VENTILATED AREA.
SO THAT IS, THOSE ARE MY CONCERNS.
AND THAT'S PRETTY MUCH, UM, WHY IT, IT JUST DOESN'T SEEM LIKE A, A GOOD IDEA.
SO SOEL, WOULD YOU BRING ME THOSE PLANS? WE'RE NOT SHOWING DREDGE AROUND THE BOAT, UH, FUELING DOCK.
UH, COMMISSIONER THOMPSON, IF YOU GO TO PAGE 18 OF THE STAFF PRESENTATION, I BELIEVE IT SHOWS THE PROPOSED DREDGE IN RED.
IS THAT RIGHT MIRANDA? SO, YES.
THERE'S NO DREDGE PROPOSED FOR THE FUELING DOCK QUESTION.
UH, WHEN I WAS OUT THERE TODAY, AND WE WERE LOOKING AT THE, THE, THE SPACE WHERE YOU'RE GONNA PUT, I DUNNO, 14 OR 15 OF THE, UH, THE DOCKS.
IT WAS VERY SHALLOW RIGHT THERE BECAUSE OF, UH, SEDIMENTATION OVER A PERIOD OF YEARS.
AND THE DREDGING WAS REQUIRED THERE IN ORDER TO HAVE ENOUGH GRASS SPOT SPACE FOR, YOU KNOW, BOATS TO COME IN AND OUT.
AND WHAT I HEARD YOU JUST SAY WAS THAT YOU WEREN'T GOING TO DREDGE WHERE THE BOATS WERE GONNA FUEL UP, WHICH WAS IN AN AREA, I'M GONNA SAY 75 FEET DOWNSTREAM FROM THERE.
SO IT'S ALREADY DEEP ENOUGH THERE THAT YOU'RE NOT GONNA REQUIRE THAT YOU DREDGE THERE.
THEY ONLY LET ME DREDGE DOWN TO A CERTAIN ELEVATION, AND IT'S ALREADY DEEPER THAN THAT.
SO YOU'RE NOT GONNA NEED TO DREDGE DOWN THERE AT ALL.
CAUSE IT'S ALREADY DEEP ENOUGH.
COMMISSIONER THOMPSON, DID YOU HAVE ANY OTHER, UH, COMMENTS YOU WERE MAKING OR YOU WANTED TO MAKE, OR, OR QUESTIONS? WELL, I DID HAVE A QUESTION.
WHAT IS THE DISTANCE FROM THE PLACES WHERE THE BOATS WILL PARK TO THE GAS STATION? AND ON THIS IT SHOWS A GRAY AREA? DO THE BOATS COME AROUND AND GO ADJACENT TO THE SHORE, OR HOW DOES THAT WORK? SO WE HAVE ON EITHER SIDE OF THE FUELING DOCK AND ON THE LAKE SIDE OF THE FUELING DOCK IS WHERE THAT COULD, UH, THREE DOCK, THREE BOATS COULD BE MOED.
AND THE DISTANCE, I DON'T YOUR QUESTION, COMMISSIONER THOMPSON, IS THE, THE DISTANCE FROM DREDGE? NO, THE DISTANCE FROM WHERE THE, WHERE THEY'RE GOING TO FUEL IT FROM THE AREA WHERE THE BOATS WILL COME AND GO IN THE, OR THE SLIPS.
WHAT ARE THEY CALLED? IS THAT WHAT THEY'RE CALLED? SHE'S, SHE'S, SHE'S DOING MATH.
SO IF IT'S EVEN FARTHER DOWNSTREAM FROM THERE, I MEAN, WHERE IS THIS NUMBER ABOUT THE ACTUAL DISTANCE TO THE INTAKE PIPE? IF THIS PLACE IS DOWNSTREAM FROM THE DREDGING? BECAUSE I UNDERSTOOD THAT IT WAS FROM THE DREDGING WHEN I WAS READING IT, MAYBE I DID NOT UNDERSTAND CORRECTLY.
AND WHERE I GOT THAT DISTANCE IS OFF OF A MURPHY EXHIBIT THAT WHO'S THE DISTRICT'S ENGINEER.
SO I'M SORRY, EVERYBODY HAS SAID 800 FEET.
I LOOKED AT THE MURPHY EXHIBIT, THEY SAID SEVEN 30, I MEASURED IN THE AUTOCAD FILE.
IT LOOKED LIKE SEVEN 30, AND I THOUGHT IT WAS THE MOST CONSERVATIVE
[01:55:01]
DISTANCE TO SHOW.SO CAN YOU TELL ME WHERE THE BOATS ARE GOING TO BE PARKED IN THE SLIPS? IS THAT WHAT THEY'RE CALLED? YES.
YES, THE BOAT SLIPS AND THEN DOWNSTREAM FROM THAT IS THE PROPOSED FUELING AREA.
SO CAN YOU TELL ME THE DISTANCE BETWEEN THOSE TWO THINGS? LOOKS LIKE TO ME, I DON'T HAVE A SCALE.
AND THAT IS WHERE, UM, THE TREES WILL BE BEHIND IT AND THEN THE, THE PIPE IS SUPPOSED TO COME DIRECTLY TO IT.
IS THAT CORRECT? FROM YOUR DIAGRAM HERE? I'M SORRY, SAY THAT LAST PART ONE MORE TIME.
THERE IS TO GROVE OF TREES ON THE SHORE.
AND THE PIPE WILL ACCESS THIS FUELING STATION THROUGH THE GROVE OF TREES UP THE 10 FOOT CLIFF UNDERGROUND AND THEN BE ABOVE GROUND AT THE TOP OF THE CLIFF.
SO IF YOU GO FROM THE TANK, AND IF I GET THIS WRONG, YOU COME TELL ME IT'S ABOVE GROUND UNTIL YOU HIT, THE REASON IT'S ABOVE GROUND IS BECAUSE OF THAT WALL.
SO YOU GO ABOVE GROUND OVER THE WALL, AND THEN THERE'S A SUMP AND IT'S BURIED.
ANY SHORT, QUICK FINAL QUESTIONS? ANYONE? ONE SECOND.
SO I THINK, UH, WE'RE GONNA TRY TO BREAK THESE OUT INTO TWO DIFFERENT PARTS, UM, FOR EASE OF DISCUSSION.
UM, AND, UH, I THINK MAYBE FIRST CHAIR, DID YOU WANNA CLOSE THE PUBLIC HEARING? MY MIC IS, I DO, ONE OF THE FIRST THINGS I WANT TO DO, MOTION THE CLOSE PUBLIC HEARING.
UH, ALL THOSE IN FAVOR OF CLOSING THE PUBLIC HEARING, RAISE YOUR HAND.
I ONLY GET TWO MORE OF THOSE, I THINK.
UM, TRY TO BREAK THIS OUT INTO TWO PARTS, UM, UH, TO KIND OF SEPARATE OUT THE, THE DREDGE PART FROM, FROM THE, UH, THE GAS DISPENSER PART.
UM, WITH THAT BEING SAID, UH, DO YOU HAVE A MOTION? DO WE HAVE A MOTION FOR, UM, UM, WE DO HAVE A MOTION FOR BOTH.
UM, WE HAVE A MOTION, UM, FOR EACH ONE SEPARATELY, BUT WE DO HAVE ONE FOR EACH ONE.
SUBJECT IS 1 7 3 NORTH RIVER HILLS ROAD MARINA RECONSTRUCTION AND IT'S S P ZERO, I'M SORRY, S P 2 2 0 3 0 70.
AND S P ZERO TWO, SORRY, 2 0 22 DASH 0 1 6 70.
WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZED THE APPLICANT IS REQUESTING TO VARY FROM LDC 25 DASH EIGHT, UM, DASH 2 61 CRITICAL WATER QUALITY ZONE DEVELOPMENT TO ALLOW IN THE C W Q Z OF LAKE AUSTIN DEVELOPMENT OF A GAS LINE FUEL, A GASOLINE FUEL LINE WITH THE DISPENSER AT THE DOCK FOR REFUELING PRIVATE BOATS.
WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT THE SITE IS LOCATED IN THE LAKE AUSTIN WATERSHED WATER SUPPLY RULE CLASSIFICATION, DRINKING WATER PROTECTION ZONE.
AND WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT STAFF DOES NOT RECOMMEND THIS VARIANCE, HAVING DETERMINED THAT THE FINDINGS OF FACTS HAVE NOT BEEN MET, THEREFORE, THE ENVIRONMENTAL COMMISSION DOES NOT RECOMMEND THIS VARIANCE.
SECOND, UM, ALRIGHT, WE GOT A MOTION AND A SECOND.
UH, ANY DISCUSSION ON THIS? ON THE DIAS? YEAH.
I'M HOPING MY VOICE COMES BACK.
UM, I, I THINK THAT, UH, FROM VARIOUS COMMENTS THAT I'VE HEARD FROM THE, UH, FROM THE, UH, OWNER'S REPRESENTATIVE, UM, AND,
[02:00:01]
UM, WITH REGARD TO, UH, UH, WHAT WAS THERE YEARS AGO? I, I BELIEVE I ACTUALLY WAS AT THAT SITE SEVENTIES, KIND OF A WHILE AGO NOW,AND, UH, I REMEMBER SOMETHING ALONG THE, YOU KNOW, IT WAS PRETTY COOL.
AND I THINK THAT, UM, I THINK THAT, UM, I WOULD LIKE TO JUST SAY THAT, UH, THIS IS NOT A MATTER, THIS IS NOT A MATTER OF, UH, UH, FEELINGS.
UH, AND, AND, OR SHOULDN'T, SHOULDN'T BE ONE OF VITRIOL, BUT, BUT SHOULD BE ONE OF, UM, LOOKING FORWARD, WHAT'S THE BEST THING TO DO WITH THAT LAND? AND, AND, UH, THAT, THAT SUGGESTION OF, UH, GOING TOWARDS, UH, ALTER ALTERNATIVE FUELS, UH, SEEMS TO BE, UM, UH, A PRETTY PROFOUNDLY, UM, NECESSARY ONE.
UH, I THINK I THINK ALMOST DAY BY DAY WE'RE, WE'RE BEGINNING TO SEE A RECOGNITION OF, OF WHAT NEEDS TO BE DONE, UM, NOT ONLY IN AUSTIN, BUT GLOBALLY, UM, GOING FORWARD.
AND I WOULD LIKE TO ENCOURAGE, UM, THE, UM, THE OWNER, NOT TO BE DISCOURAGED, BUT TO, UM, BUT TO, BUT TO BE THINKING, UM, OF, UM, SOME ALTERNATIVES.
UM, AND, AND, AND TO, UH, IF THIS, IF THIS ULTIMATELY DOES NOT PASS, TO BE THINKING OF SOMETHING THAT, UM, IS, IS, IS MORE ACCEPTABLE TO, UH, EVERYBODY AND THAT THEY, THEY THEMSELVES WILL PROBABLY, UH, APPROVE OF, UH, AS, AS WELL.
AND THAT'S, THAT'S KIND OF, UM, THE SPIRIT IN WHICH I'M, UH, LOOKING AT IT PERSONALLY.
I WAS JUST LIKE, I WANNA MAKE THAT COMMENT BECAUSE I, I, I FELT I CAME ACROSS A LITTLE MORE STRONGLY THAN I MEANT TO EARLIER.
UM, THAT'S, UH, REALLY ALL I HAVE TO SAY.
ANY OTHER DISCUSSION? ALL RIGHT.
THAT'S ABOUT, WE'VE GOT A MOTION, UH, BEFORE US, UH, TO, UH, NOT RECOMMEND THE VARIANCE FOR THE GAS DISPENSER.
UM, ALL THOSE IN FAVOR OF THAT, RAISE YOUR HAND.
WE'VE GOT ALL BUT ONE, ALL THOSE OPPOSED.
KAYLEIGH, DID YOU GET THAT RIGHT? THANK YOU, MA'AM.
THE VARIANCE REQUEST ON THAT ONE DOES NOT PASS OR IS NOT RECOMMENDED BY OUR BODY.
UM, DO YOU HAVE ANOTHER RECOMMENDATION OR ANOTHER MOTION? I DO CHAIR, UH, NOVEMBER 16TH, 2022.
UM, THIS IS AT THE, UH, SAME LOCATION, WHICH IS 1 703 NORTH RIVER HILLS ROAD MARINA RECONSTRUCTION, UH, S P 22 3 70 S P 2 22 1 6 70.
WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT IS REQUESTING TO VARY FROM LDC 25 DASH EIGHT DASH 2 61 CRITICAL WATER QUALITY ZONE DEVELOPMENT TO ALLOW, OH, I'M SORRY.
I'M REQUESTING TO VARY FROM LDC 25 DASH EIGHT DASH 38, I'M SORRY, 360 8 TO ALLOW MORE THAN 25 CUBIC YARDS OF DREDGING IN LAKE AUSTIN.
AND SO I SHOULD HAVE HOLD PLEASE.
UM, AND I SAVE THE SAME, YEAH.
UM, YEAH, GIMME ONE SECOND CUZ I'VE GOTTA GET CONVENTIONS IN THERE.
UM, SO, UH, WHEREAS ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT IS REQUESTING TO VARY FROM LDC 25 8 36 8 E TO ALLOW MORE THAN 25 CUBIC YARDS OF DREDGE IN LAKE AUSTIN, UM, WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES IT'S ALSO IN LAKE AUSTIN WATERSHED WATER SUPPLY GIRL DRINKING WATER PROTECTION ZONE.
UM, AND WHEREAS THE, THE, UH, COMMISSION RECOGNIZES
[02:05:01]
STAFF RECOMMEND THE VARIANCE FOR LDC 25 8 360 8 E TO ALLOW THIS WITH CONDITIONS.UM, THEREFORE, UH, THE REC THE, THE COMMISSION RECOMMENDS THIS VARIANCE WITH THE FOLLOWING CONDITIONS, UH, STAFF CONDITIONS, UH, GET 'EM HERE, UH, TO INSTALL A SEDIMENT BOOM DURING CONSTRUCTION TO INSTALL THE TEMPORARY OR CONSTRUCTION FENCING AROUND THE WETLANDS C F THAT'S OUTSIDE OF THE LIMITS OF CONSTRUCTION, AND TO PROVIDE THE ADDITIONAL WETLAND MITIGATION PLANTINGS AS NOTED IN THE SITE PLAN.
THE, UM, THE CONDITIONS ARE SLIGHTLY, UM, DIFFERENT, UM, ON THE BACKUP MATERIAL THAN THEY WERE IN THE PRESENTATION, SO I'M GONNA GO WITH THAT ONE.
UM, SO, UM, INSTALL SEDIMENT BOOM TO MINIMIZE SEDIMENT DISTURBANCE NUMBER TWO, INSTALL TEMPORARY ORANGE CONSTRUCTION FENCING AROUND THE ENTIRE BOUNDARIES OF THE WETLAND C F NOT INCLUDED IN THE L O C TO PREVENT ENCROACHMENT OF THE WETLAND.
C F AND NUMBER THREE, PROVIDE ADDITIONAL MITIGATION BEYOND THE REQUIREMENTS OF WETLAND.
UM, 32 PLANTINGS OF AMERICAN WATER, WILLOW, GIANT CUT GRASS OR OTHER HERBIVORE, UH, RESISTANT.
WHAT ARE WE LOOKING AT? UH, OBLIGATED WESLEY.
SO, YEAH, FOR WETLAND SPECIES, UH, EMERGED IN THE, UH, WATER ALONG THE SHORELINE.
AND I, I DID NOT CAPTURE ANY ENVIRONMENTAL COMMISSION CONDITIONS ON THAT ONE.
WE'VE GOT ANOTHER MOTION IN FRONT OF US.
ANY DISCUSSION ON THE DIAS RELATED TO THIS ONE? YES.
UM, SO FOR ITEM ONE, LIKE INSTALL THE SEDIMENT BOOM, IS THIS RECOMMENDING, OR ARE WE REQUIRING THAT'S A CONDITION OF THE MOTION SO THAT IT'S, THAT'S REQUIRED, CORRECT.
MORE CLEARLY? YES, IT'S REQUIRED.
JUST WANTED TO MAKE SURE, LIKE ITEMS ONE AND TWO AND THREE ARE ALL REQUIRED.
ANY OTHER DISCUSSION I HAVE? YEAH, GO FOR IT.
I JUST HAVE A, A QUESTION, AND I DON'T KNOW IF ANYBODY HERE, UH, WHO COULD ANSWER, COULD, UM, UH, WOULD BE WELCOME TO ANSWER THIS.
UM, IS THERE ANY REASON TO THINK THAT THIS ACTIVITY WOULD, UM, BE OF, UH, AFFECTING THE, UM, THE GOLDEN CHEEK WARBLER? AND IF SO, SHOULD THIS, UH, SHOULD THE ACTIVITY BE LIMITED TO, UH, TAKING PLACE NOT DURING THE MATING SEASON OF THE GOLDEN CHEEK WEER? UM, JUST ASKING, UM, I DON'T KNOW THE ANSWER TO THAT.
I'M, I'M, AND I'M, I'M NOT TRYING TO NITPICK, I JUST WANNA KNOW, I THINK, KAYLA, TELL ME IF I'M WRONG, BUT RIGHT NOW WE'RE HEARING'S OVER SO WE CAN TALK AMONGST OURSELVES.
UM, AND I WOULD SAY BASED ON MIKE'S COMMENTS EARLIER, THE, THERE'S A CONDITION WHERE THE, THE APPLICANT, UH, NOTIFIES THE NECESSARY AGENCIES IN ACCORDANCE WITH LAND DEVELOPMENT CODE REQUIREMENTS.
AND, AND THEN THE, THAT'S KIND OF THE, THE CITY'S OVERVIEW OF PURVIEW OF IT.
MIKE MCDOUGAL DEVELOPMENT SERVICES DEPARTMENT.
UH, THERE'D BE THE REQUIREMENT THAT THE, THE CITY INITIATES THE CONVERSATION BETWEEN THE DEVELOPER OR THE APPLICANT AND THE, UH, AND THE REGULATORY AGENCIES.
AND THEN IT'S MY UNDERSTANDING THAT, UH, CLEARING OF THE TREES COULDN'T OCCUR DURING THE GOLDEN TREE WARBLER NESTING SEASON.
AND SO, UM, THE APPLICANT COULDN'T REMOVE TREES DURING THE NESTING SEASON, BUT THEY COULD AT OTHER TIMES.
AND I THINK, UH, LIZ OR PAMELA MIGHT HAVE MORE, OR KAYLA OR SOMEONE ELSE MIGHT HAVE MORE DETAILS ABOUT THAT.
LET'S, LET'S, LET'S, LET'S KEEP GOING AND WE, LET'S MAYBE WE, AFTER THE, WHEN WE ALREADY HAVE AN OPEN HEARING, WE CAN GET A LITTLE MORE INFORMATION.
I JUST DON'T WANT TO GO INTO TOO MUCH MORE INVESTIGATIONS ON IT.
ANY OTHER DISCUSSION ON THE DICE? ALL RIGHT, LET'S, LET'S VOTE.
SO WE'VE GOT A, A MOTION BEFORE US TO APPROVE THE VARIANCE REQUEST FOR THE 25 CUBIC YARDS OF DREDGE, UM, WITH THE CONDITIONS FROM STAFF, UH, AS THE CONDITIONS OF THAT MOTION.
[02:10:01]
THIS MOTION, RAISE YOUR HAND.ALL THOSE OPPOSED, WE GOT BRIER THOMPSON AND, AND SCOTT ARE OPPOSED.
THANK YOU STAFF, THANK YOU, UH, PUBLIC FOR COMING.
VERY MUCH APPRECIATE EVERYONE'S ENGAGEMENT.
[5. Name: Concordia Sports Complex, SP-2022-0020C (30 minutes)]
TO AGENDA ITEM FIVE, AND I'M GOING TO HAND THE MIC TO, UH, VICE CHAIR PERRY.JUST WAIT UNTIL, UH, CHAIR RAMBERT LEAVES.
UH, NEXT UP WE HAVE CONCORDIA SPORTS COMPLEX, S P DASH 2 0 2 2 DASH 0 0 2 C.
UM, LOCATION EIGHT TWO KILLIAN ROAD, AUSTIN, TEXAS 78,726.
APPLICANT, KIMLEY HORN AND ASSOCIATES INCORPORATED.
AND I BELIEVE WE HAVE A STAFF, UM, I BELIEVE WE HAVE A STAFF RECORD, UH, STAFF PRESENTATION.
COULD YOU TURN ON YOUR MIC, PLEASE? THERE'S A LITTLE, IT'S ON NOW.
UH, MY NAME IS MEL FUZE, ENVIRONMENTAL REVIEW SPECIALIST SENIOR WITH DEVELOPMENT SERVICES DEPARTMENT, UH, AM PRESENTING THE, UH, CONCORDIA UNIVERSITY SPORTS COMPLEX VARIANCE AT 8,200 KILLIAN ROAD, AUSTIN, TEXAS, 78,007.
SO WE SEE, UH, THE SITE IS LOCATED IN NORTHWEST AUSTIN IN THIS RED SQUARE HERE.
UH, THIS SITE IS IN THE BULL CREEK WATERSHED, WHICH IS WATER SUPPLY SUBURBAN CLASSIFICATION.
IT IS A FULL PURPOSE JURISDICTION COUNCIL DISTRICT SIX DRINKING WATER PROTECTION ZONE.
IT IS LOCATED OVER THE EDWARDS AQUIFER RECHARGE ZONE.
THERE ARE SIX CRITICAL ENVIRONMENTAL FEATURES, ONE MINOR CRITICAL WATER QUALITY ZONE, AND THIS PROPERTY IS SUBJECT TO THE SCHLUMBERGER PLANNED DEVELOPMENT AREA.
ORDINANCE NUMBER 2 7 2 15 DASH 42 AS AMENDED.
AND THE LAKE AUSTIN WATERSHED ORDINANCE NUMBER 84 301 DASH F AS STATED IN THE PLAN DEVELOPMENT AREA.
HERE WE SEE THE LIMITS OF CONSTRUCTION IN RED.
UM, YOU CAN SEE THE REST OF THE CONCORDIA CAMPUS TO THE RIGHT THERE.
UM, ALSO THERE'S A ADJACENT WALMART PROPERTY AND APARTMENT COMPLEX NEXT SIDE.
SO THIS, UH, VARIANCE OR THIS REQUEST IS TO VARY FROM LAKE AUSTIN WATERSHED.
ORDINANCE 8 4 3 0 1 DASH F SECTION NINE DASH 10 DASH 4 0 9 A FOR FILL EXCEEDING FOUR FEET UP TO 12 FEET, AND TO SECTION NINE DASH 10 DASH 4 0 9 B FOR CUT EXCEEDING FOUR FEET UP TO 15 FEET IN ORDER TO CONSTRUCT NCAA COMPLIANT TRAINING AND PLAYING FACILITIES ASSOCIATED PARKING AND PEDESTRIAN IMPROVEMENTS AND BIOFILTRATION PONDS AND RAIN GARDENS.
UM, THE NATURAL SLOPE OF THE PROPERTY, THE LOCATIONS OF CF SETBACKS, THE SIZE AND ORIENTATION REQUIRED
[02:15:01]
OF NCA COMPLIANT FACILITIES IN THE REQUIREMENT THAT SUCH PLAYING FACILITIES MAINTAIN A CONSTANT ELEVATION NECESSITATE THE PROPOSED GRADING IN AN EFFORT TO BALANCE THE REQUIRED EARTHWORK AND MINIMIZE THE CUT AND FILL REQUIRED TO THE MAXIMUM EXTENT, PRACTICAL PORTIONS OF THE EMERGENCY ACCESS ROAD ARE PROPOSED AT THE MAXIMUM ALLOWABLE SLOPE FOR AN EMERGENCY ACCESS ROAD.AND THE TENNIS COURTS ARE TIERED TO REDUCE THE AMOUNT OF GRADING REQUIRED FOR THEIR CONSTRUCTION.
ALL DEVELOPED RUNOFF WILL BE TREATED BY TWO BIOFILTRATION PONDS, TWO DETENTION PONDS AND RAIN GARDENS.
NO DEVELOPED RUNOFF WILL FLOW TO THE CRITICAL ENVIRONMENTAL FEATURES.
WE CAN SEE THE TRACK AND FIELD IN THE TOP.
THE MIDDLE IS THE SOCCER FIELD, AND THEN WE HAVE THE TENNIS COURTS IN THE LOWER RIGHT CORNER.
UM, THE ORANGE AND YELLOW IS CUT FROM FOUR TO EIGHT FEET, AND OR NOT CUT GRADING, CUT AND FILL FROM FOUR TO EIGHT FEET.
THE RED AND GREEN IS CUT AND FILL OVER EIGHT FEET.
UM, I'M GONNA GO THROUGH THE FINDINGS OF FACT NUMBER ONE.
ARE THERE SPECIAL CIRCUMSTANCES APPLICABLE TO THE PROPERTY INVOLVED WHERE STRICT APPLICATION DEPRIVES SUCH PROPERTY OWNER OF PRIVILEGES OR SAFE SAFETY ENJOYED BY OTHER SIMILARLY SITUATED PROPERTY WITH SIMILARLY TIMED DEVELOPMENT? UH, WE FIND THAT YES.
IN THIS, IN THIS IN SITE PLAN CASE, S P 2000 7 0 2 3 1 C, A VARIANCE TO LAKE AUSTIN ORDINANCE WAS GRANTED FOR A MAX CUT OF 5.8 AND A MAX FILL OF 17.5 TO CONSTRUCT A PARKING AREA, BASEBALL FIELD AND FIELD HOUSE.
THEREAFTER, A VARIANCE TO THE SAME CODE SECTIONS WAS GRANTED FOR A MAX CUT OF 9.25 AND A MAX FILL OF 14.85 TO CONSTRUCT A WATER QUALITY AND DETENTION FACILITY, A WATER QUALITY CHANNEL, A SOFTBALL FIELD, AND ASSOCIATED PARKING IN SITE PLAN CASE S P 2 0 1 3 0 4 7 6 C, A SIMILAR VARIANCE FOR A CUT OF 8.7 FEET AND FILL OF NINE FEET WAS GRANTED IN SITE PLAN CASE S P 2 20 23 8 C TO CONSTRUCT TWO WATER QUALITY DETENTION FACILITIES, A FOUR STORY RESIDENCE HALL AND ASSOCIATED PARKING.
UM, NUMBER TWO, DOES THE PROJECT DEMONSTRATE MINIMUM DEPARTURE FROM THE TERMS OF THE ORDINANCE NECESSARY TO AVOID SUCH DEPRIVATION OF PRIVILEGES ENJOYED BY SUCH OTHER PROPERTIES AND TO FACILITATE A REASONABLE USE AND WHICH WILL NOT CREATE SIGNIFICANT PROBABILITIES OF HARMFUL ENVIRONMENTAL CONSEQUENCES? WE FIND THAT YES, THE VARIANCE IS THE MINIMUM DEPARTURE NECESSARY TO AVOID THE DEPRIVATION OF PRIVILEGES ENJOYED BY SUCH OTHER PROPERTY, AND TO ALLOW THE UNIVERSITY TO CONSTRUCT NCAA SPORTS FIELDS AND ASSOCIATED PARKING AND IMPROVEMENTS IN ACCORDANCE WITH THE ALLOWABLE LAND USE AND WHICH WILL NOT CREATE SIGNIFICANT PROBABILITIES OF HARMFUL ENVIRONMENTAL CONSEQUENCES.
THE NATURAL SLOPE OF THE PROPERTY, THE LOCATIONS OF C F SETBACKS, THE SIZE AND ORIENTATION REQUIRED OF N NCAA COMPLIANT FACILITIES, AND THE REQUIREMENT THAT SUCH PLAYING FIELDS MAINTAIN A CONSTANT ELEVATION NECESSITATE THE PROPOSED GRADING IN AN EFFORT TO BALANCE THE REQUIRED EARTHWORK AND MINIMIZE THE CUT AND FILL REQUIRED TO, UH, THE MAXIMUM EXTENT PRACTICAL PORTIONS OF THE EMERGENCY ACCESS ROAD ARE PROPOSED AT THE MAXIMUM ALLOWABLE SLOPE FOR AN EMERGENCY ACCESS ROAD.
AND THE TENNIS COURTS ARE TIERED TO REDUCE THE AMOUNT OF GRADING REQUIRED FOR THEIR CONSTRUCTION.
ALL DEVELOPED RUNOFF WILL BE TREATED BY TWO BIOFILTRATION PONDS, TWO DETENTION PONDS AND RAIN GARDENS.
NO RUNOFF WILL FLOW TO THE CRITICAL ENVIRONMENTAL FEATURES.
UH, NUMBER THREE, THE PROPOSAL DOES NOT PROVIDE SPECIAL PRIVILEGES NOT ENJOYED BY OTHER SIMILARLY SITUATED PROPERTIES WITH SIMILARLY TIMED DEVELOPMENT AND IS NOT BASED ON A SPECIAL OR UNIQUE CONDITION, WHICH WAS CREATED AS A RESULT OF THE METHOD BY WHICH A PERSON VOLUNTARILY SUBDIVIDED LAND AFTER OCTOBER 20TH, 1983.
AND WE FIND THIS FINDING OF FACT IS MET THE 490 ACRE CONCORDIA UNIVERSITY PROPERTY IS CURRENTLY SUBDIVIDED INTO TWO LARGE LOTS.
[02:20:01]
PROPOSED IMPROVEMENTS ARE ON LOT TWO OF THE AMEND, UH, AMENDED PLAT PLATS OF LOT TWO, THREE, AND FOUR SCHLUMBERGER SUBDIVISION, WHICH AMENDED LOTS TWO, THREE, AND FOUR, AND TWO ONE THREE HUNDRED AND EIGHTY THREE ACRE LOT.AND THIS AMENDMENT TO THE PLAT HAS NO EFFECT ON CUT OR FILL.
SO, STAFF DETERMINES THE FINDINGS OF FACT HAVE ALL BEEN MET AND RECOMMENDS THE FOLLOWING CONDITIONS.
ONE, THE SITE SHALL BE GRADED SO THAT NO DEVELOPED SURFACE RUNOFF, UH, DRAINS TO THE CF TO THE EAST OF THE TRACK AND FIELD.
TWO CO A 6 0 9 S NATIVE SEATING AND PLANTING SHALL BE INSTALLED IN ANY DISTURBED AREA ADJACENT TO THE TRACK AND FIELD.
AND NUMBER THREE, A ONE ACRE TRACK SHALL BE DEDICATED AS A CONSERVATION EASEMENT.
UH, ONE NOTE ON THIS EASEMENT, IT WILL BE DEDICATED TO TRAVIS COUNTY, UM, B'S CANYONLAND PRESERVE.
AND, UH, THAT EASEMENT DEDICATION IS NOT YET RECORDED, BUT IT HAS BEEN APPROVED BY THE COUNTY.
AND I THINK THE APPLICANTS ARE HERE AS WELL.
DOES THE APPLICANT HAVE A PRESENTATION? NO.
UM, THERE'S NO ONE HERE TO SPEAK FOR CITIZENS.
UH, LET'S OPEN IT UP FOR QUESTIONS FOR FROM THE COMMISSIONERS.
LET'S SEE IF WE COULD SEE THE REMOTE COMMISSIONERS.
I WONDERED, UM, ON THE DEDICATED TRACK, IS IT FULLY WOODED? ARE THERE GOING TO BE REQUIRED PLANTINGS AND ARE THERE GOING TO BE REQUIRED PLANTINGS AROUND THE, THE PONDS AND WHAT LOCK? UH, AS FOR THE EASEMENT, UH, THAT I GUESS WOULD BE BETWEEN TRAVIS COUNTY, SO I DON'T KNOW THE ANSWER TO THAT ONE.
UM, FOR THE PONDS, THEY WILL BE COMPLY WITH THE, UH, WELL, THE LAKE AUSTIN WATERSHED AND THEY'LL BE FULLY VEGETATED.
AND THE 6 0 9 S VEGETATION WILL BE IN AREAS, UH, WE DEEMED SUITABLE FOR THAT.
AND I, I GUESS I DID HAVE SLIDES IF YOU WANTED LOOK AT THOSE.
CAN WE SEE THE SLIDES? RIGHT? I SEE.
UH, IT'LL BE LIKE ONE FORWARD OR TWO FORWARD.
THIS WAS, JUST TO GIVE YOU AN IDEA.
THERE ARE RETAINING WALLS PROPOSED ADJACENT TO THE CF AND AROUND THE AREAS OF CUT AND FILL.
AND THAT WAS JUST, UH, A DETAIL TO GIVE YOU AN IDEA OF WHAT THAT RETAINING WALL WOULD LOOK LIKE.
AND I THINK ON THE NEXT SIDE, THERE'S SOME, LIKE A EXHIBIT OF THE VEGETATION IN GREEN.
THERE IS THE 6 0 9 S UH, NATIVE SEATING AND PLANTING THAT IS PROPOSED.
WHAT ABOUT IN PERSON COMMISSIONERS? LET'S SEE.
UH, COMMISSIONER BRIMER, UH, YEAH.
UM, HOW MANY PARKING SPOTS ARE WE HAVING? DOES THE APPLICANT KNOW THE ANSWER INTO THAT?
I'M, UH, WITH KIMLEY HORN, UH, THE APPLICANT.
UM, I DON'T KNOW OFF THE TOP OF MY HEAD EXACTLY HOW MANY PARKING SPOTS WE HAVE.
I DO KNOW THAT, UH, I DON'T KNOW IF YOU WANNA PULL UP THE AERIAL, BUT THERE IS, UH, AN EXISTING PARKING LOT ON THE CAMPUS THAT IS TO THE NORTH OF OUR PROPOSED DEVELOPMENT.
AND OUR, UM, WE HAVE SOME PAVED DRIVE AISLES THAT ARE GOING TO PROVIDE VEHICULAR CONNECTIVITY OVER TO THAT VERY LARGE EXISTING PARKING LOT.
AND SO BETWEEN THAT AND SOME PROPOSED PARKING THAT IS IMMEDIATELY NEXT TO, UH, KIND OF THE GRANDSTAND BUILDING, UH, WE DO, WE DO COMPLY WITH MINIMUM PARKING REQUIREMENTS.
UM, AND AS PART OF OUR COMMENT RESPONSE, UH, WITH THE CITY, WE HAD TO GET A SPECIAL PARKING DETERMINATION, UM, FROM IVAN.
AND SO ALL OF THAT IS PAPERED UP, AND SO WE ARE COMPLIANT WITH PARKING.
WELL, THE REASON I ASK IS THAT, UH, UH, BEING A UNIVERSITY, I'M PRETTY SURE YOU WANT TO, YOU KNOW, BE VERY FORWARD LOOKING.
[02:25:01]
UM, YES.SO YOU'RE, YOU'RE VERY ENVIRONMENTALLY LOOKING FORWARD, RIGHT? YEAH, I, I MEAN, RIGHT ANSWER TOO.
I LIKE TO BE HELPFUL HERE,
UM, SO THE ANSWER TO THAT IS YES,
YOU KNOW, UM, YEAH, I THINK SO.
WE HAVE TALKED ABOUT THAT WITH CONCORDIA, AND CERTAINLY THEY ARE, UM, VERY AWARE OF ENVIRONMENTAL SENSITIVITY OF THEIR SITE IN PARTICULAR.
UM, AND SO WE HAVE TALKED THAT OVER WITH THEM.
THEY DON'T CURRENTLY HAVE ANY ENVIRONMENTAL PARKING, UM, ON THEIR CAMPUS, AND THEY DON'T SEE A HIGH DEMAND FOR THAT.
BUT, UH, WE'VE COME VERY, VERY FAR TO GET TO THIS POINT TODAY, UH, WITH THE HELP OF LOTS OF STAFF.
AND SO I THINK, UH, I THINK IF THAT WERE TO BE MADE OR REQUIREMENT, UH, I DON'T KNOW THAT THEY WOULD PUSH BACK TOO HARD.
TO CLARIFY, WOULD THAT BE 10% OF ALL OF THE EXISTING PARKING? WE'RE JUST TALKING ABOUT 10% OF THE REQUIRED PARKING FOR THIS SPECIFIC PERMIT.
WE WON'T PEN PENALIZE YOU FOR YOUR PAST SINS.
COMMISSIONER SHERA, I HAD SOME QUESTIONS LOOKING OVER THE, THE CONSERVATIONAL AREA AND, UM, WANTED TO UNDERSTAND THAT MORE.
AND, AND MAYBE THAT'S A QUESTION FOR STAFF, BUT WANTED TO UNDERSTAND HOW THE CONSERVATIONAL AREA, UM, KIND OF MAYBE MEETS THE GOALS OF OUR 50% CANOPY GOAL.
AND, UM, I'M CURIOUS, ARE THERE ADDITIONAL TREES BEING ADDED TO THE PROPERTY AS A PART OF THIS PLANET AS WELL? YEAH, I CAN, I CAN SPEAK TO THAT A LITTLE BIT.
I, I DON'T KNOW IF OUR, I DON'T THINK OUR ARBORIST REVIEWER HAVEN'T SEEN HER.
UM, BUT I CAN DEFINITELY SPEAK TO CONVERSATIONS THAT WE'VE HAD.
SO, UM, THE CONCORDIA, UM, HAS OFFERED TO, IN LIEU OF, UH, TREE, SO LET ME ZOOM OUT.
THERE IS A DEVELOPMENT AGREEMENT IN PLACE FOR THIS CAMPUS, UH, BY WHICH TREES LO SMALLER THAN 19 INCHES, UH, ARE NOT PROTECTED.
AND SO WE DON'T HAVE TO MITIGATE FOR THOSE TREES LARGER THAN 19 INCHES.
WE DO HAVE TO PROTECTED TREES, SPECIES THAT ARE LARGER THAN 19 INCHES.
WE DO HAVE TO MITIGATE, WE WOULD BE REQUIRED TO MITIGATE FOR THOSE, UH, JUST PER THE DE THE DESIGN, UH, ORDINANCES IN PLACE FOR THE PROPERTY.
AND THEN, UH, THE DEVELOPMENT AGREEMENT ALSO, UH, HERITAGE TREES ARE NOT A THING ON OUR SITE, EVEN IF THEY OTHERWISE WOULD MEET THE DIAMETER, UH, THRESHOLD FOR THAT, UH, CLASSIFICATION.
AND SO, UM, IN LIEU OF TREE MITIGATION, WE'VE WORKED VERY CLOSELY WITH OUR ARBORIST REVIEWER, UM, AND THE COUNTY, AND HAVE COME TO AN AGREEMENT THAT IN LIEU OF PLANTING ALL OF THE REQUIRED MITIGATION THAT WE WOULD INSTEAD DEDICATE, UH, A ONE ACRE AT TRACT LAND TO THE B C P.
WE ACTUALLY DID A SIMILAR THING, UM, IN 2000, I WANNA SAY 14 FOR THE SOFTBALL FIELD.
MIGHT HAVE BEEN 2007, I MIGHT HAVE THE YEAR WRONG.
BUT WE ALSO DID THE SAME THING, UM, FOR THE SOFTBALL FIELD PROJECT, UM, SOME YEARS AGO.
AND SO IN TALKING WITH ARBORIST REVIEWERS, UH, AND STAFF, THEIR THOUGHT WAS THAT, UM, YOU KNOW, PLANTING SMALLER TREES THAT ARE, YOU KNOW, BEING SHIPPED IN FROM SOMEWHERE ELSE AND THEN PUT INTO THIS NEW ENVIRONMENT, AND THEN THEY REQUIRE ALL THIS IRRIGATION AND ALL OF THAT, AND THEN IT TAKES A WHILE FOR THE CANOPY TO MATURE.
UM, ARBORIST STAFF WERE ACTUALLY VERY EXCITED ABOUT THE IDEA OF A CONSERVATION EASEMENT JUST BECAUSE IT'S ALREADY WELL ESTABLISHED.
UH, AND SO, UH, THEY JUST FELT LIKE THAT WAS ACTUALLY EVEN A BETTER SOLUTION.
AND SO EVERYBODY, UH, AT THE COUNTY AND THE CITY WAS REALLY, REALLY EXCITED ABOUT THE IDEA OF DEDICATING AN ACRE OF LAND, UH, WITH EXISTING VEGETATION, UM, WHERE CONCORDIA WILL GIVE UP ALL OF THEIR DEVELOPMENT RIGHTS TO THAT PIECE OF PROPERTY, UM, IN ORDER TO ADD IT TO THE CANYONLANDS PRESERVE INSTEAD.
UH, ADDITIONALLY, WE ARE ALSO PROVIDING SOME MITIGATION PLANTINGS, UM, WHICH IS KIND OF ABOVE AND BEYOND WHAT WOULD BE REQUIRED SINCE THE CONSERVATION EASEMENT SATISFIES ALL OF OUR MITIGATION REQUIREMENTS.
UM, SO WE DO HAVE SOME MITIGATION PLANTINGS, UM, ALONG SOME OF THE DRIVE AISLES, AND THEN THE PARKING.
AND THEN SEPARATE FROM THAT, WE ALSO HAVE PLANTINGS THAT ARE, UM, I'M,
[02:30:01]
I'M GONNA GET THE, THE LANGUAGE WRONG FROM THE CODE, BUT THEY'RE NOT NECESSARILY REQUIRED FOR MITIGATION.THEY'RE LIKE SHADE TREES FOR SUB CHAPTER EMP COMPLIANCE AND THINGS LIKE THAT.
SO WE HAVE, UM, SOME PLANTINGS THAT ARE PROPOSED THAT GO IN BOTH OF THOSE BUCKETS.
AND THEN ADDITIONALLY, UH, ALL OF OUR PROPOSED WATER QUALITY PONDS ARE BIOFILTRATION, AND THEN WE HAVE THE THREE RAIN GARDENS ONSITE AS WELL.
I JUST, YOU KNOW, LOOKING AT THE, THE TRACT OF LAND, I WAS CURIOUS HOW MANY TREES WERE BEING REMOVED.
HOW MANY TREES ARE BEING REMOVED? I'M NOT SURE THE COUNT.
I'M SURE WE'VE GOT THAT IN THE PLANT SOMEWHERE.
I DON'T WANNA SAY THE WRONG NUMBER.
WELL THAT IS MY RECOMMENDATION TO FIND, UM, AREAS THAT YOU CAN, UM, ADD ADDITIONAL TREE CAN'T BE TO THE AREA.
I ALSO WANTED TO NOTE, UH, WE DO HAVE, UH, JUST IN THIS VEIN, I DON'T KNOW IF IT'S NECESSARILY RELEVANT TO YOUR, UM, CONCERN, BUT WE ALSO HAVE, THERE'S A VERY LARGE 20 PLUS INCH, UM, LIVE OAK THAT'S IN WHAT WE'RE CALLING THE PLAZA.
AND WE HAVE DONE KIND OF SOME GRADING ACROBATICS, UH, TO BUILD UP WALLS.
IT'S KIND OF ON A MOUNTAIN THAT WE'RE GONNA PUT IN SOME WALLS AROUND.
AND SO, UM, WHERE THAT'S LOCATED, WE ARE, ARE ABLE TO SAVE IT AND HAVE KIND OF DONE, LIKE I SAID, A LITTLE BIT OF DESIGN ACROBATICS TO DO SO AND TO, AND TO KEEP IT CUZ IT'S, IT'S A PRETTY TREE AND THE CAMPUS WANTS TO KEEP IT AS A FOCAL POINT.
ANY, UH, QUESTIONS ON, UH, COMMISSIONER CARI
UM, I DO HAVE A COUPLE QUESTIONS AND THIS CAN BE FOR STAFF, UH, OR FOR YOU ALLISON.
AND FIRST OFF, ALLISON, WELCOME.
UM, SO THE RETAINING WALL THAT GOES AROUND, UM, THE CF SPRING BUFFER, UM, IS THAT SORT OF, KIND OF LIKE ISOLATE THIS ZONE? DESCRIBE THIS TO ME JUST VISUALLY A LITTLE BIT MORE BECAUSE I MEAN, ONE FOOT TO 11 FEET, THAT'S A PRETTY TALL WALL.
IS THAT WHERE IT'S JUST KIND OF DESCRIBE, HELP ME UNDERSTAND WHAT THAT LOOKS LIKE A LITTLE BIT MORE.
I DON'T RECALL IF THAT ONE IST MECHANICALLY EARTH STABILIZED WALL OR A CAST AND PLACE CONCRETE.
DO YOU RECALL OFF THE TOP OF YOUR HEAD? IT'S THE FIRST ONE.
IT'S, IT'S, IT'S, UH, IT'S ONE OF THOSE, UH, EARTH AND MECHANICALLY STABILIZED, UH, WALL.
IT'S GOT THE, UH, IT'S GOT LIKE A BLOCK SYSTEM AND THEN THERE'S ANCHORINGS THAT SORT OF REACH BACK HORIZONTALLY, UH, UNDERNEATH, I BELIEVE YOU'RE REFERRING TO THE WALL THAT'S, UM, PLANNED SOUTH OF THE TRACK AND JUST NORTH OF THE CAR BUFFER ZONE.
SO THEY WOULD EXTEND THE ANCHORS RIGHT.
WOULD EXTEND BACK KIND OF UNDERNEATH THE TRACK.
AND SO, YEAH, I JUST FEEL LIKE, I MEAN, DOES THAT JUST KIND OF CREATE LIKE THIS SORT OF WELL EFFECT AROUND IT? AND THEN IS THERE ACCESS, CAN PEOPLE ACCESS WITHIN IT? HOW DOES THAT LOOK? UM, TO ACCESS INTO THE, THE CARS BUFFER ZONE? YEAH.
UH, NO, NOBODY WOULD HAVE ANY BETTER ACCESS TO IT IN THE PROPOSED CONDITION THAN THEY DO TODAY.
SO THE TRACK IS UP HIGH, AND THEN THE CAR BUFFER IS 11 FEET LOWER.
AND THEN THERE'S ALSO A FENCE THAT EXTENDS ALONG ALL THE WAY AROUND THE TRACK AND UP THE WATER QUALITY POND ALL THE WAY TO THE DRIVE AISLE.
I DON'T HAVE, SORRY, I'M KIND OF POINTING MY HAND.
THERE'S NO PLANS IN FRONT OF ME.
UM, BUT IF YOU'RE LOOKING AT IT, IT EXTENDS KIND OF ALL THE WAY UP THE LEFT SIDE OF THE PAGE TO THE PROPOSED DRIVE AISLE.
AND THEN THE FENCE ALSO CONTINUES ALONG, I'LL CALL IT THE PLAN SOUTH SIDE OF THE TRACK, AND THEN IT CUTS DOWN ALONGSIDE THE SOCCER FIELD AND BACK AROUND AND ALL THE WAY UP TO THE DRIVE.
SO IT IS FULLY FENCED OFF WITH THE EXCEPTION OF SOME PEDESTRIAN GATES FOR MAINTENANCE AND MOWING AND THINGS LIKE THAT.
YEAH, THAT, SO IT'S FENCED AND THEN WITHIN THAT THERE'S THE, UM, THAT, OKAY.
AND, SORRY, SOME SOMETHING ELSE THAT MAY OR MAY NOT BE KIND OF WHAT YOU'RE GETTING AT AS FAR AS, SOUNDS LIKE YOU'RE ASKING IF IT CREATES A WELL EFFECT.
AND MAYBE YOU'RE CONCERNED ABOUT DRAINAGE INTO THE CARS.
SO WE DID LOOK AT THAT EXTENSIVELY WITH STAFF.
THEY HAD SIMILAR QUESTIONS, UNDERSTANDABLY.
AND SO, UM, A COUPLE OF THE THINGS THAT WE LOOKED AT ARE, UH, WE LOOKED AT, UH, THE FACT THAT IT'S A, IT WAS KIND OF A BALANCE BETWEEN WE, WE DON'T WANT TO SEND WATER THAT HAS FALLEN ON THE PROPOSED IMPROVEMENTS WITHOUT IT FIRST GOING THROUGH A WATER QUALITY POND.
WE DON'T WANT TO POTENTIAL OF SENDING ANY CONTAMINANTS INTO THE CAR AT THE SAME TIME IF THERE'S, YOU KNOW, WILDLIFE OR LITTLE CRITTERS LIVING IN THE CAR.
[02:35:01]
NEGATIVELY IMPACT THEIR LITTLE BIOME THAT THEY HAVE GOING ON.AND SO WE DID MEET WITH, UM, I'M GONNA GET HIS ROLE WRONG, SOMEBODY NAMED ERIC BROWN, UH, WHO'S A, SOME SORT OF A GEO SOMETHING OLD.
UH, AND WE MET WITH HIM AND KIND OF TALKED THROUGH PROPOSED CONDITION VERSUS EXISTING CONDITION.
UM, AND WE ALL KIND OF AGREE, WELL, WE DIDN'T KIND OF, WE ALL AGREED, UM, THAT WE ARE NOT SENDING ANY CONTAMINATED WATER TO THE C E F, UH, BECAUSE IT'S ALL BEING CAPTURED IN, UH, PIPES AND UNDER DRAIN SYSTEMS AND BEING PIPED FIRST THROUGH THE WATER QUALITY POND AND THEN, UH, AROUND THE C F BUFFER DOWN INTO THE CREEK, UH, BELOW.
BUT ALSO, UH, BECAUSE OF THE EXISTING DRAINAGE PATTERNS, WE ARE NOT SIGNIFICANTLY CHANGING HOW MUCH WATER IS GOING TO THE CAR FEATURE BECAUSE MOST OF IT, UH, GOES TO EITHER SIDE.
KIND OF THE WAY I'M DOING WITH MY HANDS
BUT, UM, WE ALL AGREED, NO, IT DOESN'T MATTER WHAT I THINK HE, UH, AGREED NO SIGNIFICANT IMPACT TO THAT LITTLE ECOSYSTEM WITHIN THE CARS BUFFER.
SO, UM, YEAH, SO THAT LEADS INTO MY NEXT QUESTION, WHICH IS, YOU KNOW, WHERE, SINCE THIS IS OVER THE EDWARDS AQUIFER, WHERE DOES EVERYTHING, UM, THE WATER GO? AND IT SOUNDS LIKE IT FLOWS INTO THE POND FIRST AND THEN OUT EVENTUALLY INTO THE, THE WATERSHED, CORRECT? YES, THAT'S EXACTLY RIGHT.
ALL, ALL OF THE WATER THAT FALLS ON ANY TYPE OF IMPERVIOUS COVER AT ALL, UH, OR ANYWHERE WITHIN THE LLC, IT FLOWS UP FIRST INTO, THROUGH A PIPE PIPING SYSTEM INTO A SPLITTER BOX, AND THEN A WATER QUALITY POND AND THEN DETENTION POND, AND THEN EVENTUALLY OUT TO THE, THE STREAM THAT'S ADJACENT TO THE SITE.
UM, LET'S TALK ABOUT LIGHTING.
SO, UM, YOU ARE IN, UH, GOLDEN CHIEF WARBLER, UH, HABITAT AND THE BCC P UM, I, UH, WOULD LOVE TO SEE, UM, UH, YOU KNOW, SOME DEFINITELY WHEN AND WHERE AVAILABLE, UH, DARK SKY LIGHTINGS, UM, AND THEN ESPECIALLY ON THE SPORTS FIELDS, UM, THEMSELVES.
UM, JUST FOR EVERYONE'S, FOR COMPLETENESS OF, OF CONVERSATION AND FOR EVERYONE'S KNOWLEDGE, UH, THERE ARE SOME, IT SOUNDS LIKE MOSTLY WE WOULD BE TALKING ABOUT THE ATHLETIC FIELD LIGHTING.
THERE ARE SOME LANDSCAPING, EXTERNAL BUILDINGS, SCOS, LIGHTING, THINGS LIKE THAT.
UM, CERTAINLY WE WOULD MAKE ALL OF THOSE, YOU KNOW, FULLY SHIELDED, UM, TO MEET WHATEVER REQUIREMENTS NEED TO BE MET.
AND THOSE PROBABLY BE, WOULD BE ON, ON A MORE REGULAR BASIS TO LIGHT UP PEDESTRIAN WALKWAYS AND THINGS LIKE THAT.
UM, THE TRACK DOES NOT HAVE ANY LIGHTING AT ALL.
THE SOCCER FIELD AND TENNIS COURTS DO HAVE LIGHTING.
THOSE WOULD ONLY BE TURNED ON DURING AN ACTUAL SPORTING EVENT AND THEN OTHERWISE TURNED OFF.
UH, SO JUST, THAT'S KIND OF AN FYI.
BUT, UH, IN ANSWER TO YOUR SPECIFIC QUESTION, WE HAVE TALKED ABOUT THAT WITH CONCORDIA, AND WE WOULD BE VERY WILLING TO, UH, MEET WITH, UH, WHATEVER, WHATEVER JURISDICTIONS, UH, WE NEED TO, TO TRY TO LEAN INTO THE DARK SKY, UH, RECOMMENDATIONS AND AS MUCH AS WE CAN.
AND THEN MY LAST QUESTION, UM, AGAIN, SINCE YOU ARE IN, UH, GOLDEN CHIEF WAR HABITAT AS, UM, UH, AS YOU ARE REMOVING THE TREES, I, I LOOKED AT YOUR TREE LIST FOR WHAT YOU, WHAT IS RECOMMENDED TO BE REPLANTED, BUT ARE YOU ALSO BEING, UM, MINDFUL OF ANY OF THE MATURE ASH JUNIPER TREES THAT ARE ON THE PROPERTY? WOULD THOSE BE, ANY OF THOSE BE RETAINED OR ARE, WILL ALL THOSE COME DOWN, DO YOU THINK? THE WAY AND THE RE AND I GUESS I'LL QUALIFY THAT.
THE REASON I'M ASKING THAT IS BECAUSE THAT IS WHAT THE GOLDEN GOBLER SPECIFICALLY BUILDS THEIR NESTING MATERIALS FROM.
UM, I WILL SAY THAT WE'VE COORDINATED QUITE A BIT WITH OUR ARBORIST REVIEWER AND HAVE SAVED AS MANY TREES AS WE POSSIBLY CAN WITHOUT, YOU KNOW, THE NATURE OF A SOCCER FIELD IS THAT IT'S QUITE LARGE AND YOU CAN'T LEAVE A TREE IN THE MIDDLE OF IT.
UH, AND SO YEAH, WE, WE ARE SAVING AS MANY TREES AS WE POSSIBLY CAN.
UH, KIND OF INDEPENDENT OF THE SPECIES NECESSARILY.
UH, I, I DON'T KNOW THAT I CAN ANSWER THE QUESTION ANY BETTER THAN THAT.
MEL, DO YOU HAVE ANY ONE REQUIREMENT OF SITE PLANS IN GENERAL IS THAT THEY DON'T REMOVE ANY OF THE TREES DURING THE NESTING SEASON? DOES THAT, THAT'S TRUE.
THAT'S, THAT'S GREAT INFORMATION.
YEAH, I DON'T KNOW'S TRUE THE EXTENT OF WHAT TREES ARE BEING PRESERVED OR SO, SO WE, SO WE WILL NOT REMOVE, SO WE WILL BE REMOVING ALL OF THE TREE, ANY TREE THAT IS SHOWN ON THE PLANS TO BE REMOVED WILL COME OUT PRIOR TO THE NESTING SEASON.
I WAS KIND OF CURIOUS IF Y'ALL WERE GOING TO, UM,
[02:40:01]
INVEST IN POLLINATOR GARDENS BY CHANCE? OOH, NO ONE HAS ASKED US THAT QUESTION.IT SOUNDS KIND OF LIKE A COOL IDEA.
IT DOES SOUND LIKE A GOOD IDEA.
UH, I CAN, I CANNOT DISCONFIRM OR DENY.
UM, ANY COMMISSIONER PRIMER? HELLO? AH, WELL THE LIGHT DOESN'T COME ON, BUT ANYWAY, UH, WAS THERE A CLEARING OF TREES? THIS PERHAPS A QUESTION FOR STAFF.
UH, WAS THERE A CLEARING OF TREES OUT THERE IN THE PAST COUPLE OF MONTHS THAT WAS HANDLED ADMINISTRATIVELY? UH, DEFINITELY NOT TO OUR KNOWLEDGE.
THAT'S MIKE MCDOUGAL ENVIRONMENTAL REVIEW DEVELOPMENT SERVICES, UH, HANDLED ADMINISTRATIVELY.
I, UH, SO HERITAGE TREES WOULD REQUIRE PAST A CERTAIN LEVEL OF, OF, OF COMMITTEE PROCESS, A PUBLIC PROCESS.
BUT, BUT TREES CAN BE REMOVED THROUGH A SITE PLAN, PERMIT ADMINISTRATIVELY IF THEY FOLLOW THE CODE OTHERWISE.
UM, SO RIGHT, AND THAT'S WHAT I'M ASKING.
WE, CONCORDIA HAS A DIFFERENT PROJECT THAT'S NOT WITHIN OUR LLC THAT'S FOR A CHAPEL.
I CANNOT RECALL IF THEIR GEOTECH PULLED A CLEARING PERMIT TO DO BORINGS, BUT, BUT THAT WOULD'VE BEEN WITH THE PERMIT, I THINK.
I'VE NEVER DONE ONE OF THOSE, BUT NOTHING, NOTHING FOR THIS PROJECT.
I DIDN'T, I I'M NOT SAYING THAT IT WAS OKAY.
IT, I SEEM TO RECALL, UH, WITHIN THE PAST, SAY, THREE OR FOUR MONTHS, SEEING A, UH, NOTIFICATION COMING THROUGH ABOUT, UH, AN ADMINISTRATIVE, UH, VARIANCE, UH, COMING THROUGH FOR, UH, TREE CLEARING.
AND I THOUGHT IT WAS OUT AT CONCORDIA, AND I MAY BE INCORRECT, AND IF I AM THAT'S OKAY.
YOU'RE NOT HURTING MY FEELINGS,
UH, I, I, I CAN DO A SEARCH, UH, YOU KNOW, THE SEARCHES IN THE DATABASE AND OUR CONCORDIA WOULD PROBABLY TAKE A, A FEW MINUTES, SO WE'D PROBABLY BE ON THE NEXT QUESTION.
I CAN START THAT SEARCH, BUT, AND, AND YOU CAN GET IT TO ME.
I MEAN, IT, IT DIDN'T PART OF THIS THING, BUT I WAS JUST CURIOUS.
UM, I DO BELIEVE THAT, YEAH, ALLISON WAS RIGHT THAT THERE WAS A, A CLEARING PERMIT FOR SOME GEOTECH BORING, I THINK THAT CAME THROUGH AS A SITE PLANT EXEMPTION.
THE CODE DOES ALLOW, UH, I THINK A WIDTH UP TO 15 FEET OF TREE REMOVAL TO ALLOW, UH, BORING TO HAPPEN, GEOTECHNICAL BORING.
AND THEN I AM AWARE THERE WAS A CONCORDIA PROJECT THAT WAS A VARIANCE THAT WAS PROCESSED A FEW YEARS AGO NOW THIS WOULD BE WITHIN THE PAST THREE OR FOUR MONTHS, I THINK.
UH, IF THERE WAS, UH, JUST TREE CLEARING, I THINK WHAT I WOULD NEED TO DO IS, IS, UH, CONFER WITH, UH, MAYBE THE CITY ARBORIST AND ASK, UH, HER TO JUST FIND OUT, NAMELY, THAT'LL BE FINE.
COMMISSIONER SCOTT, DID YOU HAVE SOMETHING JUST THAT I, I'D LIKE, UM, I'D LIKE ALL THE LIGHTING, UH, INCLUDING THE, THE SOCCER FIELD LIGHTING TO BE, UM, COMPLIANT WITH THE GREEN SKIES, UM, UH, INITIATIVE.
UH, I THINK WE, WE JUST NEED TO, WE NEED TO BE, UH, COGNIZANT THAT WE'RE, WE'RE LOSING BIRDS, UM, UH, AT AN ALARMING RATE AND, AND ANYTHING THAT WE CAN DO, UH, AND THIS IS SOMETHING THAT WE CAN DO, WE SHOULD DO.
I, I'VE SPOKEN WITH CONCORDIA AND THE OWNER'S REP AND, AND STUFF ABOUT THAT THIS WEEK.
AND SO WE'RE, WE'RE WILLING TO PARTICIPATE IN THOSE DISCUSSIONS TO GET IT, LEAN INTO THAT AS MUCH AS WE CAN.
ARE THERE ANY OTHER QUESTIONS? DO YOU HAVE A MOTION TO CLOSE THE PUBLIC HEARING? MOTION TO CLOSE.
MOTION TO CLOSE BY COMMISSIONER SHI, SECONDED BY SCOTT.
ALL THOSE IN FAVOR RAISE YOUR HANDS AND IT LOOKS LIKE IT'S UNANIMOUS.
DO WE HAVE A MOTION FOR THE AGENDA ITEM? WE DO.
UM, NOVEMBER 16TH, 2022, CONCORDIA UNIVERSITY SPORTS COMPLEX, S P 2 2 2 2 C.
WHEREAS THE ENVIRONMENTAL COMMISSION, UH, RECOGNIZES THE APPLICANT IS REQUESTING TO VARY FROM LAKE AUSTIN WATERSHED, ORDINANCE NUMBER 8 4 3 1 F SECTION NINE DASH ONE ZERO DASH 4 0 9 TO ALLOW CUT EXCEEDING FOUR FEET TO 15 FEET.
[02:45:01]
ENVIRONMENTAL COMMISSION RECOGNIZES THE SITE IS LOCATED IN THE BULL CREEK WATER SUPPLY SUBURBAN CLASSIFICATION, DRINKING WATER, UM, PROTECTION ZONE.AND WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE SITE IS LOCATED WITHIN THE ENDANGERED GOLDEN SEEK WARBLER HABITAT, AND WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THAT THE STAFF RECOMMENDS THIS VARIANCE WITH STAFF CONDITIONS HAVING DETERMINED THE REQUIRED FINDINGS OF FACTS HAVE BEEN MET.
THEREFORE, THE ENVIRONMENTAL COMMISSION RE RECOMMENDS THE VARIANCE WITH THE FOLLOWING CONDITIONS.
AND THESE ARE THE STAFF CONDITIONS.
NUMBER ONE, THE SITE SHALL BE GRADED SO THAT NO DEVELOPED SURFACE RUNOFF DRAINS TO THE, UM, C E F TO THE EAST OF THE TRACK AND FIELD TWO CITY OF AUSTIN, 6 0 9 S NATIVE SEEDS AND PLANTING SHALL BE INSTALLED IN ANY DISTURBED AREAS ADJACENT TO THE TRACK AND FIELD.
AND THREE, A ONE ACRE TRACK SHALL BE DEDICATED AS A CONSERVATION EASEMENT.
AND I WANNA MAKE SURE I GET THIS EASEMENT CORRECT.
THAT IS WITH THE TRAVIS COUNTY? CORRECT.
UM, THE ENVIRONMENTAL, UM, COMMISSION CONDITIONS ARE WORK WITH STAFF TRAVIS OBAN AND THE B C P COORDINATING COMMITTEE TO DEVELOP AN OUTDOOR LIGHTING PLAN THAT INCLUDES THE CAMPUS SPORT COMPLEXES BOTH EXISTING AND NEW.
THE LIGHTING PLOT PLAN SHALL A, FOLLOW THE INTERNATIONAL DARK SKIES ASSOCIATION, RECOMMENDATIONS FOR COMMUNITY FRIENDLY OUTDOOR SPORTS LIGHTING TO REDUCE LIGHT POLLUTION.
B, CREATE A LIGHTS OUT PLAN DURING PEAK MIGRATION, PEAK BIRD MIGRATION FOR THE GOLDEN CHIEF WAR AND OTHER MIGRATORY BIRDS FROM MARCH UNTIL MAY AND SEPTEMBER TO NOVEMBER TWO.
INCLUDE AT, UM, AT LEAST 10% EV CHARGING STATIONS WITHIN THE NEW PARKING AREA.
AND THREE, INCLUDE POLLINATOR PLANTS AND POLLINATOR GARDENS THAT SUPPORT BUTTERFLIES, BEES, AND HUMMINGBIRDS
ALL THOSE IN FAVOR, RAISE YOUR HAND.
I THINK WE'VE GOTTA GET KEVIN BACK, RIGHT? YEAH, RIGHT.
[COMMITTEE REPORTS]
COMMITTEE REPORTS.UM, DOES ANYONE HAVE ANYTHING TO REPORT? UH, I DO, UH, HATE TO CUT SOMEBODY OFF.
UH, I'LL TRY TO KEEP THIS BRIEF IN, UH, BEING RESPECTFUL OF EVERYBODY'S TIME, AKA I'M TRYING TO MAKE THE SECOND HALF OF THE GZA GAME.
UM, SO AT THE JOINT SUSTAINABILITY COMMITTEE, UM, I BELIEVE EARLIER THIS MONTH, UH, ACTUALLY NO LAST MONTH, MY BAD TIME FLIES.
UM, WE WENT OVER, UH, A COUPLE OF THINGS.
UM, YOU KNOW, WE WENT OVER THE AUSTIN TRANSPORTATION DEPARTMENTS IMPLEMENTATION OF THE CLIMATE EQUITY PLAN.
NOTHING REALLY SUPER CONCRETE THERE.
JUST BASICALLY, HEY, WE WANNA GET PEOPLE OFF THE ROADS, THUMBS UP.
UH, WE ALSO WENT OVER THE OFFICE OF SUSTAINABILITY UPDATE ON THEIR IMPLEMENTATION OF THE AUSTIN CLIMATE EQUITY PLAN.
UH, BASICALLY THAT WAS JUST SORT OF LIKE A S AND OUTREACH GROUP, UH, THAT THEY'RE STARTING TO FORM.
UM, WE WENT OVER, UM, AUSTIN ENERGY IS PLANNING TO RAISE THEIR RESIDENTIAL RATES CUZ APPARENTLY THEY'VE BEEN OVERCHARGING THEIR COMMERCIAL, UH, CLIENTS AND UNDERCHARGING THEIR RESIDENTIAL CLIENTS.
BUT, UH, YOU KNOW, OBVIOUSLY THE NUMBER CRUNCHERS WERE NOT A FAN OF THAT.
UM, I THINK THE, UH, RESOURCES COMMISSION, I FORGET THE EXACT NAME OF IT, UM, BUT THEY BASICALLY HAD A, UM, UH, A STATEMENT THAT BASICALLY WAS JUST LIKE, HEY, WE WOULD LIKE RESIDENTIAL RATES TO REMAIN LOW.
UM, AND I THINK THAT WAS, OH, AND ALSO, UM, THERE WAS A RESOLUTION, UM, TO PHASE OUT THE, UM, THE RESIDENTIAL, ACTUALLY, I THINK IT'S JUST ALL REBATES FOR, UH, NATURAL GAS, SORT OF LIKE, YOU KNOW, PIPELINE CONSTRUCTION OR WHATEVER.
UM, WHICH I THINK IS KIND OF, UH, A NO-BRAINER FOR THE ENVIRONMENTAL COMMISSION TO SUPPORT.
AND, UH, THAT WAS PRETTY MUCH IT.
ANY OTHER UPDATES FROM OTHER, UH,
[02:50:01]
YES.THE SOUTH CENTRAL WATER PRINT ADVISORY REPORT IS MEETING THIS COMING MONDAY, THAT NOVEMBER THE 21ST.
THIS COULD BE A RECORD TIME HERE, LADIES AND GENTLEMEN.
UH, EIGHT FIFTY TWO, LET'S CALL IT END OF THE MEETING.