Oct 18, 2023 Environmental Commission

[00:00:03]

STARTED ON THE MEETING.

UM, THIS IS THE REGULAR MEETING OF THE

[CALL TO ORDER]

ROOM 1 4 0 5 AT 6 3 1 0 WILHELMINA DELCO DRIVE IN AUSTIN, TEXAS.

LET'S TAKE ROLL CALL.

COMMISSIONER RESI.

HERE.

HERE.

COMMISSIONER EINHORN.

HERE.

COMMISSIONER KRUEGER.

COMMISSIONER SHERA.

HERE.

THANK YOU.

COMMISSIONER FER.

HERE.

COMMISSIONER NICHOLS.

HERE.

SECRETARY BRISTOL.

HERE.

CHAIR BERG.

COMMISSIONER SULLIVAN.

HERE.

COMMISSIONER BRIMER HERE.

AND VICE CHAIR BEDFORD.

HERE.

.

UM, NOW LET'S FIRST DO THE PUBLIC COMMUNICATION.

UM, WE HAVE NO PUBLIC COMMUNICATION.

OKAY.

AND NEXT UP IS THE APPROVAL OF

[APPROVAL OF MINUTES]

OH, WELL, LAST MEETING AS EVERYONE HAD A CHANCE TO LOOK AT THOSE MINUTES.

SECOND.

MOTION TO APPROVE THE MINUTES BY COMMISSIONER RESI.

APPRECIATE THAT.

SECOND.

SECONDED BY COMMISSIONER SULLIVAN.

ALL THOSE IN FAVOR, RAISE YOUR HANDS.

ALL THOSE OPPOSED, ALL THOSE ABSTAINED, SHERA AND COFER ABSTAINED.

OKAY.

NEXT UP FOR DISCUSSION AND

[2. Approve a recommendation to vary from LDC 25-8-302(A)(2) to allow parking areas on slopes in excess of 15 percent; 25-8-342 to allow fill greater than 4 feet, to 8 feet, on a slope greater than 15 percent; and 25-8-341 to allow cut greater than 4 feet, to 13 for the QuikTrip No. 414 (SP-2022-0407D) located at 12500 FM 969 ROAD (Extraterritorial Jurisdiction) – Presented by Pamela Abee Taulli, Environmental Review Specialist Senior, Development Services Department]

AH, I'M TONGUE TIED TODAY, , I NEED TO SLOW IT DOWN.

OKAY.

L D C TWO FIVE DASH EIGHT DASH 3 0 2 A TWO TO ALLOW PARKING AREAS ON SLOPES AND ACCESS OF, UH, 15% AND TWO FIVE DASH EIGHT DASH 3 4 2 TO ALLOW, FEEL GREATER THAN FOUR FEET TO EIGHT FEET ON A SLOPE GREATER THAN 15%.

AND TWO FIVE DASH EIGHT DASH 3 4 1 TO ALLOW CUT GREATER THAN FOUR FEET TO 13 FOR THE QUICK TRIP.

NUMBER 4 1 4 SP DASH 2 2 4 D, LOCATED AT 1 2 5 FM 9 69 ROAD.

OKAY.

UM, I BELIEVE WE HAVE A STAFF PRESENTATION.

WOULD BE GOOD.

GOOD EVENING COMMISSIONERS.

MY NAME IS PAMELA AB AND I AM HERE TO PRESENT THE QUICKTRIP NUMBER 4 1 4 1, UH, VARIANCES.

UM, SO IT IS AT 12 500 FM 9 69 ROAD.

AND, UM, THE CASE NUMBER S SP 2 2 2 0 4 0 7 D.

NEXT SLIDE, PLEASE.

DID I SAY IT WAS PAMELA AB? I AM.

GOOD, THANK YOU.

UM, SO, OKAY, SO THIS IS LOCATED IN, UH, EAST AUSTIN.

YOU CAN SEE JUST SOUTH OF DECKER LAKE THERE.

NEXT SLIDE, PLEASE.

IT IS IN, UH, THE ELM CREEK WATERSHED, WHICH IS CLASSIFIED SUBURBAN US LITTLE CLOSER AND, OKAY.

IT'S IN THE E T J OR EXTRATERRITORIAL JURISDICTION OF THE CITY IN THE DESIRED DEVELOPMENT ZONE.

OVER THERE ON THE SIDE, NOT LOCATED IN THE EDWARDS AQUIFER RECHARGE ZONE, HAS NO CRITICAL ENVIRONMENTAL FEATURES.

AND, UM, THE, UH, SALIENT THING ABOUT THIS ONE IS THAT THE PROJECT IS SUBJECT TO THE COMPREHENSIVE WATERSHED ORDINANCE PER A VESTING DATE OF JANUARY 20TH, 2010.

AND I'LL EXPLAIN WHAT THAT MEANS IN A MOMENT.

NEXT SLIDE, PLEASE.

SO, THE VARIANCE REQUEST, AS WAS SAID, IS TO, UH, ALLOW A PARKING AREA ON SLOPES IN EXCESS OF 15% TO FILL OVER FOUR FEET TO EIGHT FEET ON A SLOPE GREATER THAN 15%, AND TO CUT OVER FOUR FEET TO 13 FEET.

NEXT SLIDE, PLEASE.

SO, VESTED RIGHTS, WHAT ARE VESTED RIGHTS? I'M JUST GONNA LET YOU READ THAT

[00:05:02]

THE MOST IMPORTANT THING ON THAT IS THE FIRST SENTENCE.

UM, STATE LAW AFFORDS PERMIT APPLICANT A VESTED RIGHT TO HAVE AN APPLICATION REVIEWED UNDER OLDER REGULATIONS THAT ARE NO LONGER IN EFFECT.

NEXT SLIDE, PLEASE.

SO WHAT IT MEANS FOR THIS SITE, THERE'S AN OUTLINE OF THE SITE OVER THERE ON THE RIGHT AND, UM, UNDER CURRENT CODE, THIS SITE HAS A CRITICAL WATER QUALITY ZONE.

THE CURRENT CODE IS THE WATERSHED PROTECTION ORDINANCE, WHICH WAS PASSED IN 2013, AND IT ADDED WHAT WERE CALLED HEADWATER PROTECTIONS, WHICH GAVE PROTECTION TO CREEKS UP TO, UH, WELL STARTING AT A DRAINAGE AREA OF 64 ACRES.

UM, SO THEN WE HAVE THERE, THE WATER BAY CLASSIFICATIONS WERE MINOR, INTERMEDIATE, AND MAJOR, OR THEY ARE NOW, UH, FROM 64 ACRES, 320 ACRES AND 640 ACRES OF DRAINAGE.

NEXT SLIDE, PLEASE.

IN 2010, THE COMPREHENSIVE WATERSHED ORDINANCE, WHICH WAS PASSED IN 1986, WAS IN EFFECT, UM, AND THIS IS WHAT THIS PLAN IS BEING REVIEWED.

UNDER, UNDER THAT PLAN, A MINOR WATERWAY STARTED AT 320 ACRES, SO NO CRITICAL WATER QUALITY ZONE BUFFER FOR THIS WATERWAY.

NEXT SLIDE, PLEASE.

SO HERE ARE A COUPLE OF AERIALS.

YOU CAN SEE THE, UH, THE BLUE LINE ON THE ONE ON THE RIGHT SHOWS THIS WATERWAY.

UM, NEXT SLIDE PLEASE.

SO THIS IS WHAT IT LOOKS LIKE ON THE SITE.

IT'S VERY ERODED.

UM, AND, UH, NEXT SLIDE PLEASE.

NEXT SLIDE, PLEASE.

SO THIS IS THE, UM, GRADING EXHIBIT FOR THE PLAN, AND IT HAS THE, UH, THE SITE, UH, LAYOUT ON TOP OF IT.

UM, THE GRAY VARI VARI VARI VARIATED, BUT NO, BUT ANYWAY, THE GRAY LINES IN THE MIDDLE ARE THE CREEK.

YOU CAN SEE THE, THE DEPTHS THERE, UM, FROM THE EROSION THAT IT HAS.

UH, ALL RIGHT, NEXT, OH, LET ME JUST SAY, UM, THE, THE ARROWS HERE ARE, ARE SHOWING, UM, WHERE, LIKE THE PARKING SPACES ARE OVER THERE, WHERE THOSE SLOPES ARE.

UM, AND THEN WE HAVE SOME GAS PUMPS AND SOME, UH, OTHER YEAH, PARKING AND DRY VILES THAT ALL END UP GOING OVER THESE SLOPES, HENCE THE VARIANCES.

NEXT SLIDE, PLEASE.

SO HERE IS THE GRADING EXHIBIT.

AND FROM THE GRADING EXHIBIT, WE CAN SEE THAT, UM, THAT BRIGHT GREEN, THAT KIND OF IS WHERE THE, WHERE THE CREEK WAS, THAT'S THE MOST FILL UP TO 7.3 FEET.

UM, AND THEN, UH, THE CREEK WATER, IT'S GONNA BE FILLED IN.

SO THEY'LL MADE THAT BYPASS THAT GOES AROUND THE PROPERTY, WHICH IS THE RED LINE OUTLINING IT, THE DRAINAGE BYPASS CHANNEL.

AND THAT'S WHERE THE CUT IS.

UM, AND THEN, UH, THE, THE, THE OTHER VARIANCE WAS THERE'S WHERE THERE'S CUT AND THERE'S FILL, AND THEN THERE'S PARKING ON SLOPES OVER 15%.

BUT THAT'S ONLY BECAUSE WE HAVE THIS IN SIZE CHANNEL.

UM, AND THEN WE'RE BUILDING ON TOP OF IT.

OKAY, NEXT SLIDE PLEASE.

SO, UH, HAVING DETERMINED THAT THE, UH, UH, THAT THE FINDINGS OF FACT ARE MET, STAFF DOES RECOMMEND THIS, UH, THIS VARI, THESE VARIANCES AND, UH, PROPOSES THE FOLLOWING CONDITIONS.

UM, IN THE E T J, THE EX EXTRATERRITORIAL JURISDICTION, WHERE THIS SITE IS, THERE ARE NO LANDSCAPING REQUIREMENTS.

SO, UH, OUR, THE CONDITION THAT WE'RE PROPOSING IS THAT THE APPLICANT PROVIDE LANDSCAPE THAT'S, UM, 51 NATIVE AND ADAPTED TREES, 486 NATIVE ADAPTED SHRUBS.

UH, AND THEN THAT THEY, UM, SO PERMANENT EROSION CONTROL ON A SITE IS USUALLY DONE WITH BERMUDA GRASS.

THAT'S THE STANDARD.

AND THEY'RE GOING TO DO IT WITH THE 6 0 9 S SEATING, WHICH IS FOR NATIVE AREAS.

UM, SO YEAH, WHICH IT HAS NATIVE, IT'S A NATIVE SEED MIX AND INCLUDES, UH, SOME TREES AND, UH, AND SHRUBS, AND THEY WILL NOT SEED WITH BERMUDA OR SOD.

THE

[00:10:01]

AND NEXT SLIDE, PLEASE.

I THINK THAT'S IT, YES.

ANY QUESTIONS? UH, DO WE HAVE A PRESENTATION FOR THE APPLICANT AS APPLICANT HERE TO SPEAK? OKAY, DO YOU WANNA DO A PRESENT? DO YOU HAVE A PRESENTATION OR NO? ALL YOURS.

GOOD EVENING COMMISSIONERS.

MY NAME IS DAVE ANDERSON.

I'M HERE REPRESENTING QUICKTRIP, THE OWNER.

AND WE'RE OFF ALMOST, UH, THERE YOU GO.

NEXT SLIDE, PLEASE.

UH, SO THIS IS A KIND OF A REAL BLOWN OUT MAP OF WHERE WE ARE.

SO WE'RE, WE'RE NOT ONLY IN THE EXTRATERRITORIAL JURISDICTION, BUT WE'RE A WAYS OUTTA TOWN.

UM, AND WE ARE RIGHT ON THE CORNER OF SH ONE 30, STATE HIGHWAY ONE 30 AND FM 9 69.

NEXT SLIDE.

UM, A LITTLE BIT CLOSER.

UH, PAMELA WAS KIND OF ENOUGH TO SHOW YOU SOME PICTURES OF THE SITE, AND I KNEW THAT, SO I'M JUST GIVING YOU KIND OF AN OVERVIEW.

L-SHAPED SITE, UH, THE LONG END OF THE L UM, A BUTS ONE 30, TXDOT HAS A RESTRICTED ACCESS AREA FOR A LARGE PORTION OF THAT, THAT L.

SO WE CAN ONLY TAKE ACCESS, UM, AT ONE LOCATION FROM THE SH ONE 30 FRONTAGE.

UM, NEXT, OH, AND YOU ALSO NOTICE THAT IT'S, UH, UNDEVELOPED.

SO NEXT SLIDE.

AND A PRETTY ERODED CREEK BED.

HERE'S A, JUST A SNAPSHOT OF THE PROPERTY, FIVE ACRES UNDEVELOPED.

PAMELA TOUCHED ON THIS ELM CREEK, NOT IN EDWARDS.

IT'S IN THE DESIRED DEVELOPMENT ZONE, AND IT'S, UM, UH, REGULATED BY THE 1986 COMPREHENSIVE WATERSHED ORDINANCE.

LET ME TALK A LITTLE BIT ABOUT VESTED RIGHTS.

SO THIS IS A STATE LAW THAT STATES THAT AT THE TIME YOU FILE A PLATT OR A PROJECT, YOU ARE, UM, REQUIRED TO FOLLOW THE REGULATIONS IN TIME, UH, IN PLACE AT THE TIME THAT THAT WAS FILED.

SO THERE WAS A PLAT FILED HERE.

WE HAVE TO FOLLOW THE REGULATIONS IN, IN, UH, IN PLACE AT THE TIME THAT PLATT WAS FILED.

SO THAT'S WHY WE ARE FOLLOWING THE 1986 COMPREHENSIVE WATERSHED ORDINANCE.

THAT WAS THE REGULATION IN PLACE FROM A WATER WATERSHED PROTECTION PERSPECTIVE, UH, IN, IN PLACE WHEN WE FILED OUR ORIGINAL PERMIT, UH, AS PAMELA CORRECTLY STATED, IT, IT GOES PROJECT TO PROJECT.

IT DOES NOT GO NECESSARILY WITH THE LAND.

SO THIS IS, WE CALL IT THE FIRST PERMIT FOR A PROJECT IN A SERIES.

IF THAT PROJECT IS COMPLETED AND SOMEBODY COMES DOWN THE PIKE NEXT WEEK AND WANTS TO DO A STRIP MALL, THEY, THEY HAVE TO COMPLY WITH CURRENT CODE.

SO THAT'S, UM, THIS IS NOT, THIS IS NOT A SITUATION WHERE WE'RE, LOOK, WE LOOK TO GET OUT OF SOMETHING.

THESE ARE THE REGULATIONS THAT STATE LAW, THAT THAT'S HOW STATE LAW REGULATES, UM, PROJECTS, IF YOU WILL, THAT ARE OLDER.

UM, SO YOU MAY HAVE A, A OPEN LOT IN YOUR NEIGHBORHOOD THAT COULD BE, UM, REGULATED BY PREVIOUS REGULATIONS IF NO HOME WAS EVER BUILT ON THAT LOT ANYWAY, UM, FROM A TRANSPORTATION PERSPECTIVE, I'VE, I'VE NOTED THESE THINGS.

THERE'S ALSO AN ACCESS EASEMENT THAT RUNS NORTH SOUTH ON THE WESTERN SIDE OF THE PROPERTY, AGAIN, ON THE LONG PART OF THE L UM, THAT'S REQUIRED TO GET FROM NORTH OF OUR PROPERTY DOWN TO 9 69.

SO THAT WAS ALSO A DESIGN LIMITATION.

DIDN'T LEAVE US A LOT OF FLEXIBILITY THERE.

FROM A DRAINAGE PERSPECTIVE, WE'RE MORE THAN 2000 FEET TO THE NEAREST CLASSIFIED WATERWAY.

UH, THE REGIONAL DRAINAGE PATTERNS, A LOT OF THE SITE, UH, HAS SPILL, UH, UH, FILL AND SPOILS FROM SH ONE 30 CONSTRUCTION.

UM, THAT'S PROBABLY WHY IT'S SUPER ERODED, UH, AND NOT IN GREAT, GREAT CONDITION.

THERE IS A DRAINAGE CHANNEL, UM, THAT IS THE FOCUS OF OUR LARGE CUT REQUEST UP TO 13 FEET, AND THAT IS REQUIRED IN THE PLATT TO GET DRAINAGE FROM NORTH OF THE SITE DOWN TO FM 9 69, AT WHICH POINT IT GOES IN A COVERT TO A TX, UM, EXISTING T POND.

SO THAT WAS ALSO A CONSTRAINT THAT WE HAD TO DEAL WITH.

NO CEFS, NO WATERWAY SETBACKS, NO FLOODPLAIN.

NEXT SLIDE, PLEASE.

UH, PAMELA TOUCHED ON THIS.

LET ME JUST HIGHLIGHT A COUPLE OF THINGS.

THE SITE

[00:15:01]

THE FIRST REQUEST FOR CUT ABOVE EIGHT FEET IS 4,684 SQUARE FEET, WHICH IS ABOUT 2.15% OF THE SITE.

THAT IS SOLELY RESTRICTED TO THE DRAINAGE CHANNEL THAT'S REQUIRED IN THE PLAT.

THE SECOND ITEM FILL ABOVE FOUR FEET OUTSIDE OF A WATER QUALITY CONTROLLER DETENTION FACILITY ON SLOPES GREATER THAN 15%.

THE EPHEMERAL DEPRESSION, UH, I WOULD CALL, I WOULD CALL IT A EPHEMERAL STREAM.

IT ONLY FLOWS WHEN IT RAINS.

IT'S ABOUT ONE TO TWO FEET DEEP.

BUT THIS PARTICULAR REQUEST IS FOR THOSE PORTIONS OF THAT SMALL DEPRESSION THAT ARE STEEP AND THAT ARE ERODED AWAY.

UH, IF WE WANNA FILL ON TOP OF THOSE, WE NEED A VARIANCE TO DO SO.

UH, THAT'S ABOUT 2,600 SQUARE FEET OUT OF FIVE ACRES, ABOUT 1.23% OF THE SITE.

AND, UH, SAME FOR PARKING AREAS ON SLOPES, GREATER THAN 15%.

THOSE REGULATIONS, AS YOU GUYS WELL KNOW, UH, WERE DESIGNED TO PREVENT LARGE SCALE PARKING LOTS ON LONG SLOPES, RIGHT? WHERE IF YOU CONSTRUCT A PARKING LOT ON A SLOPE, IT'S EITHER GONNA HAVE THE POTENTIAL TO, UH, ERODE OVER TIME AND THE SOIL TO GO OUT FROM UNDERNEATH IT.

IF IT'S ON A SLOPE, THAT PROBABLY MEANS IT'S TURNING TO A WATERWAY, ET CETERA, ET CETERA.

SO WE HAVE A VERY, VERY SMALL PORTION OF OUR, UH, EPHEMERAL DEPRESSION THAT, THAT IS IMPACTED BY OUR, UH, BY OUR PROJECT AGAIN.

AND THIS LAST ONE, IT'S 5,000 SQUARE FEET, 2.3% OF THE TOTAL SITE AREA.

SO THEY'RE VERY, VERY LIMITED BASED ON THE SLOPE MAP.

NEXT SLIDE.

THIS IS, UM, FOR THOSE OF YOU THAT HAVE BEEN AROUND IN AUSTIN FOR A WHILE, WHEN S SH ONE 30 WAS BUILT, ONE OF THE MAIN REASONS, AND, AND COMMISSIONER SULLIVAN WILL KNOW THIS AS AN AIR QUALITY, UH, AIR QUALITY EXPERT, ONE OF THE MAIN, UH, SELLING POINTS AT THE TIME WAS TO GET TRUCK TRAFFIC OUT OF THE CENTER OF THE CITY TO MOVE 18 WHEELERS OUTTA THE CENTER OF THE CITY.

AND A BIG PART OF THAT.

SO THERE WAS SAFETY CONCERNS, THERE WAS TRAFFIC CONGESTION CONCERNS, BUT THERE WAS ALSO AIR QUALITY CONCERNS.

SO WE HAVE STRUGGLED AS A COMMUNITY TO GET 18 WHEELERS TO USE SH ONE 30, UH, AND I WOULD SUBMIT THAT PART OF THE REASON IS WE DON'T HAVE GREAT FUELING FACILITIES ON ONE 30.

UM, THESE ARE A FEW SNIPPETS OF, WELL, THE FIRST ONE IS A COUNCIL RESOLUTION THAT WAS PASSED IN FEBRUARY THAT TALKS ABOUT THE IMPORTANCE OF MOVING TRUCK TRAFFIC UNDER ONE 30.

THERE'S A U S D O T STUDY, THERE'S DISTRICT ENGINEER, ET CETERA, ET CETERA.

SO THIS IS JUST, THIS IS PROVIDING ONE OPPORTUNITY.

UM, ONE MORE REASON FOR TRUCKS TO UTILIZE THE ONE 30 CORRIDOR, WHICH REDUCES GROUND BASED, GROUND LEVEL OZONE IN THE CENTRAL CITY AND IS BETTER FOR, FOR, UH, AS FAR AS WITHIN THE CITY LIMITS, BETTER FOR AUSTIN CITIZENS.

UH, NEXT SLIDE.

SO, THE PROJECT DETAILS, WE'RE TALKING ABOUT EIGHT FUEL PUMPS, FOUR DEDICATED TRACTOR TRAILER PUMPS.

WITHIN THIS 50 MILE STRETCH OF S SH ONE 30, THERE'S I THINK, LESS THAN FOUR OR FIVE 18 WHEELER FUELING STATIONS.

THE CONVENIENCE STORE IS CURRENTLY SIZED AT 5,300 SQUARE FEET, PLUS OR MINUS.

WE REDUCED THAT.

I'LL TALK ABOUT THAT IN THE NEXT SLIDE.

THE BYPASS CHANNEL I HAVE, UH, DISCUSSED PREVIOUSLY.

IT'S A SOURCE OF THE MOST, UH, AT THE MOST, ALMOST ALL OF OUR CUT, OF ANY OF, OF ANY DEPTH.

TALKED ABOUT ACCESS TO THE SITE, WATER QUALITY, WE'RE DOING CODE COMPLIANT WATER QUALITY.

PLUS AFTER LONG NEGOTIATIONS WITH ENVIRONMENTAL STAFF, UH, UH, ENVIRONMENTAL OFFICER, KATIE COIN AND OTHERS, WE ADDED A RAIN GARDEN.

WE REGRADED THE ENTIRE SITE AND ADDED A RAIN GARDEN SO THAT WE COULD REDUCE, UH, ADDITIONAL, UH, SUSPENDED SOLIDS LOADING TO THE, TO THE WATER COLUMN.

UM, WE HAVE DONE BEST IN CLASS, UM, FUEL STORAGE TANKS, LEAK, LEAK DETECTION SYSTEMS, ET CETERA.

WE'VE LOOKED AT ENERGY CONSERVATION, LOOKING AT L E D, LIGHTING, REFRIGERATION SPECS, BUILDING MANAGEMENT SYSTEMS, HAZARDOUS MATERIAL INTERCEPTORS.

WE HAVE TWO OF THOSE, NOT JUST ONE, BUT WE HAVE TWO OF THOSE TO MAKE SURE THAT WE'RE DOING THAT THE RIGHT WAY.

SO THAT'S THE PROJECT ITSELF.

NEXT SLIDE.

WE'VE BEEN TALKING WITH, UH, ENVIRONMENTAL STAFF FOR OVER TWO YEARS ON THIS TO MAKE SURE THAT WE GOT THIS AS RIGHT AS WE COULD GET IT.

THESE ARE THE THINGS THAT WE'VE DONE.

WE REDUCED THE FOOTPRINT OF THE CONVENIENCE STORE BY 38%.

UH, WE MOVED THE BUILDING SO THAT IT WAS NO LONGER ON, UH, SLOPES GREATER THAN 15%.

EVEN THOUGH THOSE ARE TINY LITTLE, THERE'S A TINY LITTLE DEPRESSION.

THOSE SLOPES ARE STEEP.

[00:20:01]

WE DIDN'T WANT TO TRIGGER THAT VARIANCE.

WE MOVED THE BUILDING.

WE REDUCED IMPERVIOUS COVER ON THE SITE.

WE'VE REDUCED THE NUMBER OF PARKING SPOTS.

WE'VE ADDED THE RAIN GARDEN, AS PAMELA SAID, THAT, UH, WE ESTIMATE USING THE CITY'S SLATT TOOL, STORMWATER.

IT'S THEIR OFFICIAL STORMWATER, UH, POLLUTANT LOADING TOOL, UH, BY 550 POUNDS A YEAR, WE'RE ADDING 51 NEW NATIVE ADAPTED TREES, 486 SHRUBS AND PERMANENT EROSION CONTROL AS PA 6 0 9 S AS PAMELA DISCUSSED PREVIOUSLY.

NEXT SLIDE.

SO WE'VE DONE A BUNCH OF WORK BACK AND FORTH WITH THE STAFF.

I WANT TO THANK, UH, WATERSHED PROTECTION STAFF AND DEVELOPMENT REVIEW STAFF FOR WORKING WITH US THROUGH THIS.

UH, WE, UH, PAMELA SHOWED, UH, THIS SLIDE EARLIER, SO I DON'T NEED TO GO INTO THAT MORE.

NEXT SLIDE.

FINDINGS OF FACT, THESE ARE THE THINGS THAT STAFF HAS TO, UM, HAS TO AGREE WITH IN ORDER FOR US, FOR THEM TO MAKE A POSITIVE RECOMMENDATION.

IT IS CODE REQUIRED.

AND SO, UH, THESE JUST GO THROUGH, UM, THOSE FINDINGS OF FACT.

UH, THE, THE BIG POINT HERE IS THE DISCUSSION ABOUT SH ONE 30 AND AIR QUALITY AND THE IMPROVEMENTS IN AIR QUALITY AND GETTING 18 WHEELERS STUCK OUT OF CONGESTION AND MOVED ONTO A HIGHWAY THAT, THAT, THAT, UH, MOVES VEHICLES BETTER.

NEXT SLIDE.

UH, AS I MENTIONED, WE CAN'T JUST PLOP DOWN A PROJECT AND SAY WE NEED A VARIANCE.

IT HA WE HAVE TO, YOU KNOW, THERE HAS TO BE A REASON FOR IT.

AND WE'VE GOT THIS, THIS EPHEMERAL DEPRESSION THAT GOES THROUGH THE MIDDLE OF THE SITE.

WE HAVE ACCESS RESTRICTIONS.

UH, SO WE HAVE, UH, WE HAVE, UM, NORTH SOUTH ACCESS EASEMENT.

WE HAVE A DRAINAGE CHANNEL.

WE HAVE ALL THESE CONSTRAINTS THAT PRETTY MUCH DICTATE HOW, UH, OUR PROJECT NEEDS TO COME TOGETHER.

NEXT SLIDE.

UH, MINI MIN.

I GOT TWO MORE SLIDES.

IS, UH, UH, MR. CHAIR, CAN I HAVE, UH, TWO MORE, TWO MINUTES TO, TO WRAP UP? UH, GO AHEAD.

I'LL BE, I'LL BE VERY QUICK.

UH, THIS REQUIRES US TO BE A MINIMUM DEVIATION.

LIKE I SAID, WE'RE AT 1%, 2% OF THE SITE, SO IT'S A VERY, VERY SMALL REQUEST.

NEXT SLIDE, UH, DOES NOT CREATE A SIGNIFICANT PROBABILITY OF HARMFUL ENVIRONMENTAL CONSEQUENCES.

THERE'S ALREADY A TEXT DOTS, WATER QUALITY POND BELOW US.

UH, WE'RE DOING A RAIN GARDEN ON SITE.

WE'RE MEETING WATER QUALITY.

WE'RE ADDING AN IMMENSE AMOUNT OF VEGETATION WHEN, WHERE NONE IS REQUIRED.

AND WE'RE HOPEFULLY GETTING MORE TRUCKS OUT OF THE AIRSHED OF AUSTIN PROPER AND ONTO ONE 30.

NEXT SLIDE.

UH, WE TALKED ABOUT WATER QUALITY ALREADY.

SO NEXT SLIDE.

STAFF AGREES WITH, UM, WITH THOSE FINDINGS, THE FACT AND IS SUPPORT IS SUPPORTIVE OF US, AND WE ARE VERY, VERY APPRECIATE APPRECIATIVE OF THAT.

LIKE I SAID, WE WORK VERY HARD ON THIS PROJECT, AND WE FEEL IT DOES FROM AN AIR QUALITY, UH, PERSPECTIVE, ESPECIALLY, UH, MOVE THE BALL FROM AN ENVIRONMENTAL PERSPECTIVE.

I'LL LET, I'LL LEAVE THAT UP ON THE, THE SCREEN IF WE COULD, AND THEN, UH, CONCLUDE MY PRESENTATION.

THANKS FOR THE EXTRA TIME.

THANKS FOR YOUR SERVICE.

APPRECIATE IT.

THANK YOU.

AND OH, IT LOOKS LIKE WE ONLY HAD DAVID ANDERSON FOR THE, UM, THAT'S ME.

MM-HMM.

FOR THE, UH, CITIZEN ATION.

UM, LET'S SEE.

DO WE HAVE ANY, UH, QUESTIONS FROM THE COMMISSIONERS CHAIR? YEAH.

SO, UM, ISN'T IT THE CASE THAT LIKE, THE FACT THAT YOU ARE ABOVE GRADE ON THE SIDES OF STATE HIGHWAY ONE 30 IS BECAUSE WHEN STATE HIGHWAY 30, STATE HIGHWAY ONE 30 WAS BUILT, EARTH WAS MOVED.

CORRECT.

COMMISSIONER SULLIVAN? SO THE POINT IS, IT'S NOT A NATURAL, IT, IT IS NOT A NA IT IS NOT A NATURAL SITUATION.

THERE, THERE ARE SPOILS, THERE IS FILL, AS THEY DUG ONE 30, THEY MOVED THE SOIL TO THE SIDE.

RIGHT.

AND THAT'S ESPECIALLY WHY YOU SEE A, A EPHEMERAL DEPRESSION.

AGAIN, I HAVE TROUBLE CALLING IT A CREEK BECAUSE IT DOESN'T ALWAYS FLOW.

THAT'S WHY IT'S SO ERODED.

RIGHT.

AND IT'S WHY THE TREES ARE THAT ARE OUT THERE IN TOUGH SHAPE.

RIGHT.

I I JUST WANTED TO MAKE THAT POINT THAT IT'S NOT LIKE THE REST OF THE, UH, EASTERN PART OF TRAVIS COUNTY, THAT'S PRETTY FLAT.

YEAH, IT'S, IT'S NOT VIRGIN BLACKLAND PRAIRIE, FOR SURE.

RIGHT.

UH, LET'S GO TO, UH, REMOTE COMMISSIONERS JUST IN CASE.

UM, NICHOL SHERA IN QUESTIONS.

OKAY.

COMMISSIONER QURESHI? UH, YEAH, I DON'T HAVE ANY QUESTIONS.

I JUST SAY, YOU KNOW, SOMEONE THAT LIVES ON THE EAST SIDE AND, AND TAKES ONE 30 SOMETIMES TO GET TO, YOU KNOW, PFLUGERVILLE OR MAYNARD OR EVEN DOWN TO SAN ANTONIO.

IT'S NICE TO, UH, HAVE SOMETHING BEING BUILT THERE.

UH, BECAUSE

[00:25:01]

UH, SO IT'S GOOD.

AND, UH, YEAH, YOU KNOW, THE TWO, FOUR IS A LOT OF IT'S FOOD DESERT.

SO HAVING A PLACE WHERE PEOPLE CAN GET, YOU KNOW, FOOD AND OTHER NECESSITIES IS DEFINITELY GOOD.

APPRECIATE THE PRESENTATION.

YES, SIR.

COMMISSIONER IHORN EINHORN, I, I DON'T HAVE ANY QUESTIONS PER SE, BUT TO THE, TO THE POINT OF TRYING TO MOVE TRUCK TRAFFIC OUT, ONE OF THE QUOTES YOU HAD WAS FROM TUCKER FERGUSON.

HE ACTUALLY TOLD ME NOT THAT LONG AGO THAT 80% OF THE TRUCKS ON I 35 ARE ACTUALLY LOCAL, SO THEY'RE NOT GONNA MOVE OUT TO ONE 30.

UM, BUT I'M THAT ASIDE.

I'M GONNA SUPPORT THIS.

COMMISSIONER KRUEGER.

YES.

HI.

THANK YOU SO MUCH FOR YOUR PRESENTATION, AND THANK YOU FOR WORKING SO DILIGENTLY WITH, YOU KNOW, OUR ENVIRONMENTAL OFFICES OVER THE LAST TWO YEARS TO COME TO AN AGREEMENT.

I THINK THAT COLLABORATION IS JUST SO IMPORTANT.

UM, I SEE LOTS OF, YOU KNOW, GOOD, UM, THINGS THAT CAME ABOUT IN YOUR, IN YOUR AGREEMENT.

AND I SEE 51 NEW NATIVE PLANTED, UH, TREES AS WELL AS 486 NEW, UH, NATIVE OR ADAPTED SHRUBS.

AND I'M CURIOUS IF YOU CAN KIND OF TALK ABOUT YOUR PLANS FOR THAT AS WELL AS UPKEEP OF, YOU KNOW, ENSURING THE, THE HEALTH AND SURVIVAL OF THOSE.

UH, GREAT POINT.

SO, UM, WE HAVE A PROFESSIONAL LANDSCAPE ARCHITECT THAT HAS LAID OUT THE SITE.

UH, THOSE, UH, TREES AND BUSHES WILL LINE A PORTION, UH, BOB, CORRECT ME IF I'M WRONG, A PORTION WILL BE ALONG ONE 30, A PORTION WILL BE ALONG 9 6 9.

OF COURSE, THEY'RE GONNA WANT THEIR SIGNAGE TO BE VISIBLE FROM THE ROAD.

SO WE HAVE TO BALANCE THAT.

UM, THERE WILL BE, UH, UM, TREES INTERNAL TO THE SITE AND PARKING LOT ISLANDS AND THINGS LIKE THAT, AS LONG AS, AS WELL AS SHRUBS FROM A LONG-TERM MAINTENANCE PERSPECTIVE, UM, WE ARE NOT ON, THERE'S NO RECLAIMED WATER OUT THERE OTHERWISE, YOU KNOW, WE COULD POTENTIALLY USE THAT.

WE DON'T GENERATE ENOUGH FOR IT TO, TO, TO WORK WITH, WITH THE VEGETATION.

UH, SO ALL I CAN SAY IS IT IS IN THEIR BEST INTEREST FOR THAT LANDSCAPE TO BE HEALTHY AND ROBUST.

UM, YEAH, I THINK I HAVE TO LEAVE IT THERE.

DOES THAT MAKE SENSE? AND I'M CURIOUS, EITHER FROM YOU OR FROM STAFF, UM, YOU KNOW, I'M IMAGINING DRIVING ALONG THE HIGHWAY AND THERE'S A GAS STATION, AND PART OF IT IS YOU NEED TO ATTRACT PEOPLE TO COME TO YOU.

AND SO THERE ARE BRIGHT LIGHTS AND ALL OF THAT, BUT I'M CURIOUS IF ANY, LIKE DARK SKY COMPLIANT, UM, LIGHTING WAS PART OF ANY DISCUSSIONS.

UM, AND I IMAGINE, AGAIN, FOR THE SIGN THAT WOULDN'T MAKE SENSE, BUT JUST CURIOUS IF THAT WAS PART OF THE DISCUSSION.

YOU KNOW, WE DIDN'T TALK ABOUT DARK SKIES.

I THINK IT'S A BALANCE BETWEEN, UH, SAFETY AND WELL, YEAH.

SAFETY FIRST AND FOREMOST.

UM, AND BALANCING THAT WITH ENVIRONMENTAL ISSUES.

IT'S NOT SOMETHING THAT WE DISCUSSED, UH, ENVIRONMENTAL OFFICER TO YOUR, TO YOUR, TO YOUR RECOLLECTION OR, BUT WE HAVEN'T DISCUSSED THAT.

UM, I THINK THAT THAT'S, I COULD CONFER WITH MY CLIENT HERE FOR A SECOND, BUT I THINK THAT WE COULD MAYBE DOWN SHIELD SOME LIGHTING, BUT OTHER LIGHTING IS GONNA HAVE TO BE REQUIRED FOR, FROM A SAFETY PERSPECTIVE.

YEAH.

AND FROM MY PERSPECTIVE, EVERY LITTLE BIT HELPS.

YEAH.

RIGHT.

SO EVEN IF IT IS ONE LIGHT, THAT WOULD JUST BE MY, MY PERSONAL PREFERENCE, BUT I'M NOT AN EXPERT ON THIS AREA, SO THAT'S WHY I'M OKAY.

YEAH.

CURIOUS WHAT STAFF HAS TO SAY.

YEAH.

UM, KATIE, CO.

ENVIRONMENTAL OFFICER, UM, I THINK WHEN WE'RE TALKING ABOUT PUDS, WE CAN TALK MUCH MORE BROADLY ABOUT SUPERIORITY, BUT WHEN WE'RE TALKING ABOUT, UM, A VARIANCE, YOU HAVE TO TIE CONDITIONS VERY DIRECTLY TO THE ISSUE THAT IS BEING MITIGATED FOR.

UH, AND SO WE MIGHT BE STRETCHING IT TO TALK DARK SKIES THOUGH, YOU KNOW, IF THAT'S SOMETHING THAT THEY'RE WILLING TO COMMIT TO, UM, THAT'S, THAT'S GREAT.

BUT LEGAL MAY NOT, UH, BE A FAN OF US, INCLUDING THAT AS A CONDITION OF A VARIANCE BECAUSE WE HAVE TO TIE THAT MORE DIRECTLY TO THE IMPACT.

MAKES SENSE.

THANK YOU.

UM, I THINK THAT'S ALL I HAVE FOR NOW.

THANKS SO MUCH.

COMMISSIONER FER, NEW MICROPHONES.

WHO DID ? UM, I'LL JUST, I'LL ECHO COMMISSIONER KRUGER, THANK YOU FOR EXPLAINING SORT OF THE EVOLUTION OF THIS PROJECT AS YOU GUYS HAVE WORKED WITH STAFF OVER THE LAST FEW YEARS.

UM, AND THANK YOU TO COMMISSIONER SULLIVAN.

[00:30:01]

THAT'S THE ONLY WATERWAY WAY THAT'S GONNA MEET THE, THE DRAINAGE CHARACTERISTICS.

OKAY.

AND THEN WHEN YOU SORT OF SHOWED THE PERCENTAGE OF THE SITE THAT THE VARIANCE IS COVERED, DO SOME OF THOSE OVERLAP? I MEAN, WHAT IS THE TOTAL AREA OF THE YES, THEY ALMOST ALL OVERLAP.

OKAY.

THAT'S, I DON'T HAVE THAT HANNAH.

UM, BUT THAT'S A GOOD POINT.

THEY'RE NOT, MOST OF THEM OVERLAP.

SO IT'S CONSTRUCTION ON SLOPES, AGAIN, CONSTRUCTION OF PARKING LOT ON SLOPE.

OH YEAH.

CAN WE GO BACK A COUPLE OF SLIDES? ONE, TWO MORE.

NOT RIGHT.

THAT, THAT ONE, SORRY, ONE MORE.

THERE WE GO.

UM, CUT ABOVE EIGHT FEET.

THAT IS ON THE EAST PART OF THE SITE.

IT'S ON THE EAST PART OF THAT L THAT IS FOR A DRAINAGE CHANNEL.

WE HAVE MINIMIZED THAT AS MUCH AS WE COULD.

SO WHAT THAT MEANS IS WE'VE SHRUNK IT, UM, TO BE AS NARROW AS POSSIBLE AND TO MINIMIZE, MINIMIZE IT IN ORDER TO CARRY THE AMOUNT OF FLOW THAT WE NEED TO CARRY.

THAT'S THE CUT.

THE FILL 3 42 AND 3 0 2 A TWO ARE BOTH CONSISTENT AND BOTH FALL OVER PARTS OF THAT DEPRESSION THAT HAVE STEEP SLOPES.

SO THOSE TWO OVERLAP.

OKAY.

THAT'S HELPFUL.

THANK YOU.

YOU'RE WELCOME.

THAT'S ALL I HAVE.

COMMISSIONER BRIER.

OKAY.

YEAH.

THANK YOU VERY MUCH FOR THE PRESENTATION.

VERY GOOD.

UM, YEAH, UH, GOING ALONG WITH, UH, COMMISSIONER KRUGER'S QUESTION ABOUT THE, UH, DARK SKIES DISCUSSION, I UNDERSTAND THAT THIS IS A, YOU KNOW, A PLACE OF BUSINESS AND NEEDS TO ADVERTISE ITS PRODUCTS AND THAT SORT OF THING.

SO, YOU KNOW, SIGNS ADVERTISING THE STATION, EVERYTHING ARE GOING BY NECESSITY, BE BRIGHTER.

AND I ALSO ACKNOWLEDGE, UH, THE ENVIRONMENTAL COMMISSIONER, KATIE COIN'S, UH, POINT THAT THERE HAS TO BE A, UH, YOU KNOW, A LEGAL BASIS BY WHICH THE, YOU KNOW, THE LAW PEOPLE GET TO, YOU KNOW, DO THEIR THING.

BUT, UH, YOU KNOW, WE'D LIKE TO, IF YOU'RE AGREEABLE TO, UH, YOU KNOW, WITH THE EXCEPTION OF THE ADVERTISING SIGNS INCLUDING, UH, SIGN, UH, YOU KNOW, YOUR LIGHTS, UH, ABIDING BY THE, UH, DARK SKIES MM-HMM.

REQUIREMENTS, WE'D LIKE TO INSERT THAT IN, IN THERE.

IF YOU'RE, IF THAT'S SOMETHING YOU'RE AGREEABLE TO, UH, WE MAY NOT BE ABLE TO TWIST YOUR ARM ABOUT IT AS FAR AS A, A LEGAL THING GOES THAT, YOU KNOW, THAT'S SOMETHING YOU'RE WILLING TO CONSIDER OF YOUR OWN VOLITION.

ABSOLUTELY.

UH, WE, WE, WE WILL ABSOLUTELY DO THAT TO THE EXTENT THAT IT DOESN'T, UH, JEOPARDIZE SAFETY, UM, BOTH OF PEOPLE WALKING AROUND THE SITE AND VEHICLES GETTING IN AND OUT, UM, RIGHT.

WE DON'T WANT PEOPLE HITTING PEOPLE RIGHT.

AND HITTING CARS AND ALL THAT OTHER KIND OF STUFF, BUT WE ARE AMENABLE TO DOWN, UH, TO SHADING LIGHTS SO THAT THEY, THEY FOCUS DOWN.

RIGHT.

RIGHT.

YES, SIR.

AND SO THAT'S ONE THING I'D LIKE TO PUT INTO THE, UH, THING.

THE OTHER THING WE DISCUSSED IMMEDIATELY BEFORE THE, UH, MEETING AND WE DIDN'T HAVE A CHANCE TO DISCUSS PRIOR, UH, WAS THE INCLUSION OF, UH, SOME, YOU KNOW, UH, ONE OR MORE EV CHARGING STATIONS AS BEING A REFUELING STOP IN THERE.

WE'D LIKE TO, UH, UH, YOU KNOW, SEE IF YOU'D BE WILLING TO INCLUDE AT LEAST ONE EV CHARGING STATION, UH, TO GIVE PEOPLE THE OPPORTUNITY TO, UH, YEAH.

CHARGE THEIR VEHICLES THERE.

AS I MENTIONED TO YOU PRIOR TO THE MEETING, THAT THERE ARE, UH, CITY, UH, AS WELL AS, UH, FEDERAL, UH, REBATES OR WHATEVER THE CORRECT WORD IS TO, UH, ENCOURAGE PEOPLE TO DO THAT.

AND I DON'T KNOW HOW, YOU KNOW, WHAT THE INCENTIVE IS THAT WOULD BE APPLICABLE TO YOUR PARTICULAR BUS, YOU KNOW, THIS PARTICULAR BUSINESS, BUT, YOU KNOW, IF IT'S SAY $30,000 TO PUT IT IN, YOU WOULD GET SOME AMOUNT OF THAT BACK AS IN THE FORM OF A, YOU KNOW, REBATE OR INCENTIVE OR WHATEVER THE PARTICULAR TERM IS.

YOU'D HAVE TO OBVIOUSLY

[00:35:01]

I THINK THAT'S A GREAT IDEA.

I WAS ABLE TO SPEAK WITH MY CLIENT BEFOREHAND AND, AND WE TALKED ABOUT PUTTING, UH, UH, TWO, UH, TWO CHARGING STATIONS IN AT THE SITE.

OKAY.

OKAY.

THEN I'D LIKE TO INCLUDE THAT AS WELL.

AND THANK YOU VERY MUCH.

I APPRECIATE YOUR, UH, YOU KNOW, FLEXIBILITY AND EVERYTHING.

AND LIKE, UH, COMMISSIONER RESI, IT'S ALWAYS NICE TO HAVE A PLACE TO PUT A GAS STATION.

UH, ANY OTHER QUESTIONS? YEAH, COMMISSIONER, REAL QUICK.

UM, YOU, YOU MENTIONED THAT TXDOT IS ONLY ALLOWING YOU ONE ACCESS POINT ON THE ACCESS ROAD, BUT THAT'S SUFFICIENT FOR IN AND OUT.

NO, WE HAVE TWO.

WE HAVE ONE.

WE HAVE TWO IN AND OUT ON 9 6 9.

SO WE HAVE ONE ON ONE 30 AND TWO ON 9, 6 9.

SO WE HAVE, SO I KNOW, BUT IS THAT ONE ON THE ACCESS ROAD, DOES THAT GO FOR BOTH IN AND OUT? YES.

OKAY.

YES, YOU CAN.

IT, IT'S A NORTHBOUND ACCESS ROAD.

YOU CAN GO IN RIGHT TURN ONLY RIGHT, AND THEN, THEN COME OUT RIGHT TURN ONLY.

YES, SIR.

OKAY.

I, I, KATIE COY ENVIRONMENTAL OFFICER, I, I JUST WANT TO AGAIN REITERATE, I WOULD ADVISE AGAINST INCLUDING THAT AS AN ACTUAL CONDITION, UH, JUST BECAUSE OF HOW RELATED IT IS TO THE IMPACT, UH, CHAIR.

CAN I ASK QUESTION? EVEN IF THEY'RE, WELL, HE'S GONNA DO IT , EVEN IF THEY'RE, WELL, I DON'T KNOW WHAT YOU'RE GONNA SAY.

IT'S PROBABLY THE SAME THING.

, WELL, I DON'T KNOW.

UH, I HAVEN'T MINE MELDED IN A LONG TIME.

UH, MY, MY QUESTION WAS, EVEN IF THEY OF THEIR OWN VOLITION AND FREE WILL, IF THEY'RE GONNA DO IT, THEN THEY'RE GONNA DO IT ON THEIR OWN VOLITION AND FREE WILL.

SO IS IT NECESSARY TO INCLUDE IT AS A CONDITION AND CREATE THAT PRECEDENT THAT Y'ALL ARE TYING THAT AS A MITIGATING FACTOR FOR THIS VARIANCE FOR CUT FILL? IF WE SAY SOMETHING LIKE WE WOULD ENCOURAGE, THAT'S DIFFERENT THAN A CONDITION, MAYBE IN WHEREAS IS YOU CAN SAY, WHEREAS THE APPLICANT IS ALSO LOOKING TO PROMOTE OTHER ENVIRONMENTAL SUPERIOR, JUST, BUT I WOULD NOT INCLUDE IT AS A CONDITION JUST FROM A, WE'VE TRIED TO KIND OF REIGN IN WHAT WE PUT ON VARIANCE CONDITIONS AND, AND I, I'M, I'M JUST WORRIED ABOUT US GOING A LITTLE BEYOND THAT BOUNDARY, LEGALLY GO FOR IT.

I MEAN, THAT'S WHAT, THAT'S WHAT WE EMPLOY THESE PEOPLE FOR .

WE WOULDN'T WANT THEIR UNEMPLOYED TO YOUR PREROGATIVE TAKING, YOU KNOW, BRIAN WAS ALWAYS JUST TRYING TO TAKE AS MUCH POWER AS POSSIBLE.

SO YEAH, I POWER TO THE PEOPLE.

UH, OKAY.

UH, YEAH.

UH, COMMISSIONER, UH, OR VICE CHAIR OR CHAIR BEDFORD, WHATEVER IT IS SHE SAID.

OKAY.

AND I DON'T KNOW WHAT YOU WERE GONNA SAY, COMMISSIONER SULLIVAN? WELL, ONLY IN THAT IT BE HIGHLIGHTED WITHIN OUR MINUTES THAT THE APPLICANT WAS AGREEABLE TO ADDITIONAL, UH, GOOD ENVIRONMENTAL SUGGESTIONS.

BUT AGAIN, IF IT CAN BE INCLUDED IN A WHEREAS THEN, WHEREAS THE APPLICANT ALSO SEEMED AMENABLE TO, UM, UH, DOWNWARD POINTING LIGHTS AND, UM, ADDING IN EV CHARGING STATIONS, THEREFORE, ET CETERA.

BUT AGAIN, I ONLY SAID AMENABLE.

IT'S NOT, WASN'T THAT, DIDN'T MEAN THAT IT WAS A PROMISE OR ANYTHING LIKE THAT, BUT THE APPLICANT APPEARS TO BE BENDING IN THE DIRECTION OF BETTER ENVIRONMENTAL PROTECTION.

KATIE, ARE YOU, DID, DID YOUR COMMENT APPLY TO THE EV CHARGING AS WELL OR JUST TO THE, UH, LIGHTS? MY COMMENT APPLIED TO BOTH.

OKAY.

IN, IN, IN MY OPINION.

MM-HMM.

, THANK YOU COMMISSIONERS FOR YOUR THOUGHTFUL CONSIDERATION OR ITEM.

THANK YOU.

IT'S NOT CONSIDERED A PUBLIC HEARING, RIGHT? OR IS IT? GOSH, KAYLA LIN WATERSHED PROTECTION.

UH, THAT IS ACTUALLY A GOOD QUESTION.

GO.

YOU CAN GO AHEAD AND CLOSE IT.

OKAY.

UM, BUT WE'VE BEEN ADVISED BY THE CLERK'S OFFICE TO TAKE PUBLIC HEARING OFF OF THE AGENDAS.

OKAY.

LET'S GO AHEAD AND CLOSE THE PUBLIC HEARING.

DO I HAVE A SECOND? SO MOVED.

SECONDED BY SULLIVAN.

YEAH.

OKAY.

[00:40:01]

LOOKS LIKE IT'S UNANIMOUS.

OKAY.

LET ME JUST KIND OF WORK ON THE WAREHOUSE REAL QUICK.

, THEY REALLY GOT MY MAN PERRY DOING THREE JOBS AT ONCE.

, HE'S DEFINITELY BEING UNDERPAID FOR THIS GUYS.

.

DON'T WORRY, PERRY.

THERE'S GONNA BE A LITTLE SOMETHING EXTRA IN YOUR PAYCHECK THIS WEEK.

.

WE'RE GOING TO DOUBLE YOUR PAY.

HOW ABOUT THEM COWBOYS? HOW ABOUT THEM RANGERS? OKAY, LET'S SEE HOW THIS MOTION SOUNDS.

.

UM, WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE APPLICANT IS REQUESTING VARIANCE FROM L D C TWO FIVE DASH EIGHT DASH 3 0 2 A TWO TO ALLOW PARKING AREAS ON SLOPES IN EXCESS OF 15%, TWO FIVE DASH EIGHT DASH 3 4 2 TO ALLOW FILL GREATER THAN FOUR FEET TO EIGHT FEET ON A SLOPE GREATER THAN 15%, TWO FIVE DASH EIGHT DASH 3 41 TO ALLOW CUT GREATER THAN FOUR FEET TO 13%.

AND WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES THE SITE IS LOCATED IN THE PROPERTY, UH, LOCATED WITHIN ELM CREEK, SUB SUBURBAN WATERSHED DESIRED DEVELOPMENT ZONE.

AND WHEREAS THE ENVIRONMENTAL COMMISSION RECOGNIZES, STAFF RECOMMENDS THIS VARIANCE BECAUSE THE FINDINGS OF FACT HAVE BEEN MET WITH THE FOLLOWING CONDITIONS.

ONE, ONSITE RAIN GARDEN TWO, LANDSCAPING, LANDSCAPING IS NOT REQUIRED IN THE E T J.

THE ADDITION OF 51 NATIVE ADAPTED TREES TO THE SITE, THE ADDITION OF 486 NATIVE ADAPTED SHRUBS TO THE SITE, THE REPLACEMENT OF ALL BERMUDA SOD WITH SIX ZERO, UH, WELL 6 0 9 S SEATING.

AND WHEREAS THE APPLICANT SEEMED TO BE AGREEABLE TO BETTER ENVIRONMENTAL CONDITIONS SUCH AS POSSIBLE DARK SKIES, LIGHTING WERE, WERE PRACTICAL.

AND INSTALLING ELECTRICAL VEHICLE STATIONS, UM, OH, ELECTRICAL CHAR ELECTRICAL CHARGING STATIONS, CHARGING STATIONS FOR ELECTRICAL VEHICLES, .

THEREFORE, THE ENVIRONMENTAL COMMISSION RECOMMENDS A VARIANCE REQUEST WITH THE FOLLOWING WELL RECOMMENDS A VARIANCE REQUEST.

DO I HAVE A SECOND? SECOND.

OKAY.

SECONDED BY SULLIVAN CHAIR.

I'VE GOT A, I'VE GOT A PROCEDURAL QUESTION.

OKAY.

IS IT POSSIBLE TO, TO VOTE ON THE WHEREAS CLAUSE THAT WE'VE TALKED ABOUT HERE SEPARATELY? BECAUSE I WOULD LIKE TO VOTE AGAINST THAT.

IT'S NOT BECAUSE I OBJECT TO ANY OF THE POLICY GOALS, BUT THIS IS A, THIS IS A WATERSHED ORDINANCE, ORDINANCE VARIANCE, AND IT'S JUST, I, I DON'T BELIEVE THAT THE, THE ADDITIONAL WHEREAS HAS ANY PLACE IN

[00:45:01]

AND I'D LIKE, I'D LIKE TO VOTE AGAINST IT, BUT IF WE'RE GONNA VOTE ON IT AS ONE RESOLUTION, I WILL JUST EXPRESS BY RESERVATIONS AND FOR IT CHAIR.

OKAY.

CHAIR, THE ANSWER WOULD BE THAT, UM, AFTER THE MOTION IS MADE AND SECONDED, THEN ANY MEMBER CAN ASK TO AMEND THE MOTION AND THEN WE WOULD VOTE ON THAT AMENDMENT.

OKAY.

UM, SO THE MOTION HAS BEEN MADE AND SECONDED.

SO COMMISSIONER EINHORN CAN OFFER AN AMENDMENT TO REMOVE THE LAST WHEREAS CLAUSE, I'M SO MOVED.

OKAY.

AND THEN WE VOTE ON THAT MOTION, RIGHT? YEAH, THERE NEEDS TO BE A SECOND.

SECOND.

OKAY.

SO SECONDED BY FER TO REMOVE THE, UH, WHEREAS AMENDMENT.

ALL THOSE IN FAVOR OF, UH, UH, COMMISSIONER EINHORN'S.

MOTION.

1, 2, 3, 4.

1, 2, 3, 4.

VICE CHAIR AT BEDFORD.

WOULD YOU MIND CALLING OUT WHO IS VOTING FOR AND AGAINST? OKAY.

THANK YOU.

OKAY.

UM, SO WE HAVE, OKAY.

RAISE YOUR HANDS IF YOU'RE IN FAVOR OF IT.

AGAIN.

WE HAVE NICHOLS IN FAVOR.

RESI IN FAVOR? EINHORN IN FAVOR.

BEDFORD IN FAVOR? AND FER IN FAVOR.

SO THE MOTION FAILS.

CORRECT.

OKAY.

SO NOW WE'RE BACK TO THE, WHEREAS MOTION.

WELL, THE WHOLE THING.

THE WHOLE THING, RIGHT.

SO NOW YOU JUST NEED TO GO AHEAD AND CALL FOR THE VOTE THEN.

OKAY.

SO LET'S GO AHEAD AND CALL FOR THE VOTE FOR THE WHOLE, WHAT THE, WHEREAS AS INCLUDED .

SO ALL THOSE IN FAVOR, RAISE YOUR HAND.

PRIMER.

SULLIVAN, FER, BEDFORD, KRUGER, EINHORN, RESI, COLLINS, AND I MEAN NICHOLS.

SORRY.

COLLIN.

.

AND SHERA.

SO IT LOOKS LIKE IT'S UNANIMOUS.

MOTION PASSES.

THANK YOU COMMISSIONERS.

THANK YOU.

AND NEXT UP WE ARE

[3. Review and approve changes to the 2024 Environmental Commission Meeting Schedule]

KAYLA CHAMPLIN WATERSHED PROTECTION.

UH, SO I BELIEVE AT THE LAST MEETING, THE, UH, 2024 CALENDAR WAS APPROVED, BUT SINCE THEN, ELIZABETH FOUND OUT THAT THERE IS GOING TO BE A BIG EVENT ON APRIL 17TH.

SO THAT MEETING DATE WAS NO LONGER AVAILABLE AND WE COULDN'T FIND ANY OTHER, UM, ROOMS IN THE CITY THAT HAVE THE AV SUPPORT THAT WE NEED FOR THIS MEETING.

SO, UH, WE ARE PROPOSING TO REMOVE THAT APRIL 17TH DATE, AND THAT WILL, UH, SO THERE'LL JUST BE ONE MEETING IN APRIL ON APRIL 3RD, AND THEN HAVE A SECOND MEETING ON MARCH 20TH.

SO BASICALLY THERE'LL BE TWO MEETINGS IN MARCH INSTEAD OF APRIL NOW.

OKAY.

MARCH AND APRIL.

JUST, UM, SWITCHING IN THE PAST, WE'VE HAD JUST ONE MEETING IN MARCH BECAUSE OF SPRING BREAK, BUT THIS YEAR IT'S, UH, THE SCHEDULE'S A LITTLE DIFFERENT.

THE SECOND MEETING IN MARCH IS NOT SPRING BREAK, SO, UM, WE WON'T BE INTERFERING WITH ANY HOLIDAY PLANS IF YOU HAVE KIDS OR LIKE TO TAKE OFF ON SPRING BREAK, MOVE APPROVAL OF THE REVISED.

AND I THINK WE JUST NEED A YEP.

MOTION.

THANK YOU.

MOTION.

UH, MOTION TO APPROVE BY EINHORN.

AND SECONDED BY KRUGER.

I BELIEVE IT WAS ACTUALLY SHERA.

OH, SHERA SECOND.

IT FIRST.

YEAH.

SORRY.

ALL THOSE IN FAVOR, IT'S UNANIMOUS FOR EVERYONE PRESENT.

THANK YOU ALL.

EVERYONE.

OKAY, NEXT UP WORKING GROUP AND COMMITTEE UPDATES.

[WORKING GROUP/COMMITTEE UPDATES]

UH, COMMISSIONER BRIMER, WE HAD A, UH, URBAN FORESTRY MEETING, UH, LAST WEEK AND WE HAD A STAFF BRIEFING ON THE, UH, TREE REMOVAL PERMITTING PROCESS AND HOW TO, HOW THE PUBLIC MAY BE ABLE TO, UH, REGISTER COMPLAINTS ABOUT ILLEGAL TREE REMOVALS AND THAT SORT OF THING.

WE ALSO HAD A STAFF BRIEFING ON THE TREE CANOPY GOALS, UH, WHICH IS 50%, UH, TREE CANOPY BY THE YEAR 2050.

AND, UH, WE HAD, YOU KNOW, THE, THE, THE REPORTS AND ALL THAT STUFF, YOU KNOW, THE, THE BACK PRESENTATIONS, IF ANYONE WOULD LIKE COPIES OF THESE, I CAN ARRANGE THESE TO BE DISTRIBUTED, UH, THROUGH KAYLA OR WHOEVER, UH, IF YOU'RE INTERESTED.

UH, THANK YOU COMMISSIONER BRIER.

I'M INTERESTED.

SO, OKAY, WELL, I'LL GO AHEAD AND HAVE 'EM, UH, SENT OUT TO EVERYONE.

UH, BUT THEY WERE VERY INFORMATIVE AND CLARIFIED A LOT OF THESE ISSUES FOR EVERYONE.

WE'RE PLANNING ON HAVING OUR MEETING NEXT MEETING IN THREE MONTHS OR

[00:50:01]

ANY OTHER UPDATES? UH, COMMISSIONER SULLIVAN? YEAH, SO WITH REGARD TO THE SOUTH CENTRAL WATERFRONT ADVISORY BOARD, WHICH IS THAT AREA DOWN AROUND LAKE, UH, ON ALONG LADY BIRD LAKE ON THE SOUTH SIDE WHERE THE AUSTIN AMERICAN STATESMAN PROPERTY IS AND NEARBY PROPERTIES, UM, THE REGULATORY PLAN, WHICH WILL GUIDE DEVELOPMENT THERE, IT'S LIKE A REPLACEMENT FOR THE LAND DEVELOPMENT CODE IS BEING UPDATED.

AND WE HAVE ANOTHER MEETING NEXT WEEK.

UM, I'M ON A WORK GROUP THAT IS, YOU KNOW, FOLLOWING IT MORE CLOSELY THAN THE WHOLE BODY.

SO I JUST WANTED TO REPORT ON THAT, THAT WE'RE MOVING, WE'RE MAKING PROGRESS.

THANK YOU.

ANY OTHER DATE UPDATES FOR THE NATIVE LANDSCAPING WORKING GROUP? I DID WANNA CHECK IN WITH THE REST OF THAT, UM, WORKING GROUP TO SEE IF YOU SAW THE, THE WORKING SESSION THAT WILL BE PRESENTED OR HELD BY WATERSHED PROTECTION DEPARTMENT STAFF.

AND THAT IS ON NOVEMBER 3RD FROM ONE 30 TO FOUR 30.

I DO PLAN ON ATTENDING THAT AND WANTED TO ENCOURAGE THE REST OF THE WORKING GROUP TO ATTEND AS WELL.

UH, WHAT'S THE DATE ON THAT AGAIN? SHERA NOVEMBER 3RD.

THAT IS A FRIDAY.

ONE 30 TO FOUR 30.

WHERE IS THAT LOCATED? THAT IS AT THE P D C, IT SAYS ROOM 4 14 0 6.

OKAY.

AND IF I'M REMEMBERING CORRECTLY, IS THIS THE, UM, ISSUE WHERE MATT HOLLAND SUGGESTED THAT IT WOULD BE A GOOD IDEA FOR ENVIRONMENTAL COMMISSIONERS TO ATTEND? THERE WAS A QUESTION ABOUT WHETHER IT SHOULD JUST BE FOR LANDSCAPING PROFESSIONALS OR THE GENERAL PUBLIC OR WHATEVER.

AND HE, HIS OPINION WAS IT WOULD BE A GOOD IDEA FOR ENVIRONMENTAL COMMISSIONERS TO ATTEND KATIE COIN ENVIRONMENTAL OFFICER.

I'M HONESTLY LOST IN TRANSLATION A LITTLE BIT ON WHAT THIS IS.

I DON'T HAVE IT ON MY CALENDAR.

IS IT THE GROW GREEN TRAINING? IT'S THE FUNCTIONAL GREEN ORDINANCE REVIEW.

OH, OKAY.

AND, UH, PRESENTATION.

I THINK IT'S ONE OF THOSE THINGS WHERE MOST OF THE FOLKS THERE ARE GOING TO BE MORE SO IN THE DESIGN DEVELOPMENT, PLANNING, ARCHITECTURE, ET CETERA, COMMUNITY, BUT I DON'T THINK IT HURTS TO HAVE FOLKS FROM THE WORKING GROUP ATTEND.

AND I THINK THAT THAT PROGRAM IS SOMETHING THAT IF PASSED BY COUNCIL NEXT YEAR WOULD HAVE SUBSTANTIVE IMPACT ON URBAN GREENING.

SO I, MY OPINION IS GO BUT WITH THE EXPECTATION THAT IT MIGHT GET TECHNICAL.

YEAH.

UM, BUT IT, IT WILL BE ENLIGHTENING AND IT'S COOL .

YEAH, I MEAN, I DEFINITELY PLAN ON GOING.