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[00:00:05]

IT IS

[CALL TO ORDER ]

SIX OH THREE AND I'LL CALL TO ORDER THE REGULAR MEETING, THE ENVIRONMENTAL COMMISSION.

IT'S FEBRUARY 7TH, 2024.

WE'RE HERE UP AT 63 10 WILHELMINA DELCO DRIVE.

AND, UH, COMMISSIONER BRAMER.

UH, WHY DON'T YOU KICK US OFF HERE.

THANK YOU.

EINHORN? HERE BEDFORD.

HERE.

BERG HERE.

FER HERE.

NICHOLS HERE.

SULLIVAN HERE.

PERFECT.

THANK YOU GUYS.

UM, DO WE HAVE ANY GENERAL

[PUBLIC COMMUNICATION: GENERAL]

PUBLIC COMMUNICATIONS? UH, YES WE DO.

UM, FIRST UP WE HAVE, UH, DIANA CHER.

AND, UH, YOU HAVE THREE MINUTES AND IF YOU COULD PLEASE STATE YOUR NAME.

YEAH, THERE'S THE GREETINGS.

I'M DIANA PROCTOR.

I'M IN THE MIDDLE OF AN EMAIL CONVERSATION WITH MR. SCOTT SMILEY, THE PRESIDENT OF MIDCON AND THE ENGINEER WHO SIGNED OFF ON THE PERMANENT GRASS SEEDING OF THE RECENTLY RE-VEGETATED PORTION OF THE BUTLER LANDFILL CAP.

IN A MOMENT, I WILL TELL YOU MY EXACT QUESTION.

I SENT HIM AN EMAIL ON JANUARY 23RD.

THIS IS NOW TWO WEEKS AGO.

I CALLED HIM FIVE DAYS AGO TO ASK IF HE RECEIVED MY EMAIL.

HE SAID HE DID AND HE SENT IT TO RAY AT PARD.

TOGETHER, THEY'RE PREPARING AN ANSWER FOR MY QUESTION.

I SUSPECT THAT MY QUESTION MAY BE HARD FOR THEM TO ANSWER.

THIS IS A PAGE.

THE NEXT, NEXT SLIDE, PLEASE.

THIS IS A PAGE FROM THE CONSTRUCTION PLANS.

IT SHOWS A YHA SUPPORTIVE PERMEABLE MAT DESIGNED TO BE A DRIVEWAY FOR HEAVY VEHICLES.

NEXT, THIS SHOWS HOW ACL VEHICLES AND EQUIPMENT WERE PARKED OVER THE RE-VEGETATED ZONE LAST SEPTEMBER AND OCTOBER.

HERE IS MY QUESTION TO MR. SMILEY.

COULD YOU PLEASE TELL ME WHAT THE STRUCTURAL LOAD MAXIMUM IS INTENDED BY THE DESIGN ON TOP OF THE SUPPORTIVE YS SHAPED MATS? AND ON TOP OF THE REMAINING THE RE-VEGETATED SECTION AND WHAT IS THE EXPECTED WEIGHT OF THE HEAVIEST ACL TRUCKS OR EQUIPMENT? NEXT SLIDE.

HERE YOU SEE THE DAMAGE AFTER ACL STAGING WAS ALLOWED BY PARD ON THE GRASS ZONE.

YOU'LL RECALL THAT THAT, UH, APPROVAL LETTER FROM MIDCON SAID IT WAS PERMANENT GRASS SEED.

THE GRASS SEED WAS NOT PERMANENT.

AND PERHAPS THE HEAVY VEHICLES, IF ALLOWED TO STAND OUTSIDE OF THE MATS ANNUALLY FOR AN EXTENDED NUMBER OF DAYS COULD DISTURB THE LANDFILL CAP.

I ASKED THIS COMMISSION TO DRAFT A RECOMMENDATION FOR PARD AND AUSTIN PARKS FOUNDATION TO PROHIBIT ACL STAGING ON THE GRASS ZONE OUTSIDE OF THE YS SHAPED MATS IN 2024 AND ALL YEARS FORWARD.

THANK YOU.

THANK YOU, MA'AM.

IF YOU WOULDN'T MIND, UH, PROVIDING, UH, ELIZABETH WITH THE, UH, BACKUP FILES THAT YOU HAD SHOWN, UH, THAT WAY WE CAN GET ACCESS TO 'EM.

THANK YOU.

ARE THERE ANY OTHER, UH, UH, NEXT UP WE HAVE ROY WHALEY.

HOWDY ALL.

MY NAME IS ROY WHALEY AND I AM THE CONSERVATION CHAIR FOR THE AUSTIN REGIONAL GROUP OF THE SIERRA CLUB, THE OLDEST ENVIRONMENTAL ORGANIZATION IN THE WORLD.

UM, AND THANK YOU FOR BEING HERE TONIGHT.

I, I AM GOING TO BE SPEAKING WITH SOME OF THE OTHER ISSUES, BUT I THINK THE FIRST THING I REALLY WANNA MAKE CERTAIN IS THAT WE KEEP ZILKER PARK AS A PARK AND THAT WE PAY ATTENTION TO THE FUTURE AND WHERE WE'RE GOING AS A SOCIETY.

AND THAT IS TRANSIT.

WE'RE GOING TO BE MORE AND MORE OF US WILL BE GOING NOT IN INDIVIDUAL CARS, WHICH I UNFORTUNATELY HAD TO DO THIS EVENING 'CAUSE I'M STILL RECUPERATING FROM A BICYCLE ACCIDENT.

UM, BUT MORE AND MORE WE'RE GOING TO BE MOVING BY MASS TRANSIT, BY BICYCLE AND OTHER MEANS OF TRANSIT.

UM, SO LET'S MAKE OUR PREMIER PARK A A FLAG POLE FOR US TO DANCE AROUND ON THAT, THAT WE HAVE TRANSIT THAT TAKES US TO THE PARK.

THAT WE DON'T HAVE INDIVIDUALS IN CARS GOING TO THE PARK AND PARKING IN PARKING GARAGES, WHETHER THEY BE SUBTERRANEAN OR ABOVE GROUND.

WE HAVE WAYS TO GET TO THE PARK AND LET'S HAVE THE OFFSITE PARKING THAT WOULD NOT JUST BE USED FOR ZILKER AND GETTING TO ZILKER BY SHUTTLE, WHICH WE NEED TO DO.

LAST YEAR, I HELPED, I TRIED TO HELP FUND.

UM,

[00:05:01]

I CERTAINLY WROTE A CHECK, UH, TO RAISE AWARENESS OF THE SHUTTLE, BUT THE SHUTTLE WAS NOT SUCCESSFUL.

IT, AND, AND THAT'S BECAUSE THE PARKS PEOPLE RUN.

THE PARKS NOT TRANSIT.

AND SO WE NEED TO TAKE THAT OUT AND MAKE THAT A SEPARATE ISSUE.

MAYBE EVEN HIRE A SEPARATE COMPANY TO RUN THE SEASONAL SHUTTLE THAT WE BRING PEOPLE AND THEIR PETS AND THEIR FAMILIES AND THEIR EQUIPMENT TO ZILKER PARK SO THAT WE CAN ALL ENJOY THAT AND HELP MAKE IT WHAT A PARK SHOULD BE.

NOT JUST A DELIGHT FOR THE CITIZENS HERE IN AUSTIN, BUT ALSO A CHANCE TO, TO SEQUESTER THE CARBON THAT WE KEEP PUTING OUT INTO THE AIR.

AND INDIVIDUAL CARS WILL CONTINUE TO DO THAT TOO.

SO LET'S GO AHEAD AND EMBRACE THE FUTURE INSTEAD OF SAYING WE WANT MORE CARS, WE WANT MORE TO MOVE MORE PEOPLE.

IT'S NOT ABOUT DRIVING, IT'S ABOUT MOVING PEOPLE.

PEOPLE WANT TO GO PLACES.

ZILKER PARK WANTS YOU TO COME THERE.

THEY DON'T WANT YOUR CAR TO GO THERE.

YOUR CAR DOESN'T WANT TO GO TO ZILKER PARK.

YOU WANT TO GO TO ZILKER PARK.

THANK YOU.

THANK YOU, SIR.

AND, UH, NEXT UP WE HAVE ADAM SHAKI, OR SHAKI IS ADAM HERE? ALL RIGHT.

MAYBE JUST, UH, AND THAT'S ALL WE HAVE FIRST.

OKAY.

SAVED BY THE BILL.

UM, ALL RIGHT, THANK YOU.

UH, LET'S GO TO

[APPROVAL OF MINUTES ]

THE NEXT ITEM ON THE AGENDA, WHICH IS, UH, REVIEWING, UH, THE MINUTES FROM THE JANUARY, UH, 17TH MEETING.

HAS ANYONE, UH, HAS JIM HAVE ANY COMMENTS, QUESTIONS ABOUT THE MEETING MINUTES THAT ELIZABETH PROMULGATED MOTION TO APPROVE THE MINUTES.

SECOND MOTION BY PERRY AND SECOND BY SULLIVAN.

UM, ALL THOSE IN FAVOR OF APPROVING THE MINUTES AS WRITTEN, RAISE YOUR HAND.

MAKES IT EASY FOR ME.

ALRIGHT, EVERYBODY HERE.

THANK YOU.

UM, NOW MOVING ON TO

[2. Sunset Ridge 290 C14-85-288.166(RCA) ]

AGENDA ITEM NUMBER TWO, UH, THE PUBLIC HEARING ON THE SUNSET RIDGE TWO 90 C 14 DASH 85 DASH 2 88 1 6 6 RCA.

I THINK WE'RE GONNA HAVE A STAFF PRESENTATION FIRST.

IS THAT RIGHT, LIZ? THAT IS CORRECT.

RIGHT.

AND THERE SHOULD BE A PRESENTATION AND ALSO, UH, BRING UP A STAFF.

LESLIE LILY.

UM, THAT IS THE APPLICANT'S.

THERE SHOULD BE ANOTHER ONE.

THERE WE GO.

ALRIGHT, GOOD EVENING EVERYONE.

MY NAME IS LIZ JOHNSTON.

I'M THE DEPUTY ENVIRONMENTAL OFFICER FOR THE WATERSHED PROTECTION DEPARTMENT FILLING IN FOR LESLIE, WHO IS BATTLING THIS NASTY FLU GOING AROUND.

BUT, UH, SHE IS PRESENT TO ANSWER QUESTIONS IF NECESSARY.

NEXT SLIDE.

WELL ACTUALLY GO BACK.

SORRY, PINCH HITTING.

OKAY, THIS IS SUNSET RIDGE LOCATED AT 84 0 1 SOUTHWEST PARKWAY, C 1485, UH, 2 88 1 6 6 RCA.

THIS IS A RESTRICTIVE COVENANT AMENDMENT.

OKAY, NEXT SLIDE.

ALRIGHT, SO GENERALLY SPEAKING, WHAT ARE RESTRICTIVE COVENANT AMENDMENTS? UM, THEY ARE, UH, LEGAL DOCUMENTS THAT DEFINE RESTRICTIONS ON PROPERTIES USUALLY RELATED TO ZONING, BUT ALSO CAN BE, UM, ESPECIALLY IN THE PAST, OTHER LAND DEVELOPMENT STANDARDS.

UM, THESE OLDER ONES FROM THE OAK HILL AREA OFTEN SET STANDARDS THAT ARE LESS RESTRICTIVE THAN WHAT CURRENT CODE ALLOWS.

UM, AND PARTICULAR, UM, UH, LESS RESTRICTIVE STANDARDS RELATED TO IMPERVIOUS COVER.

UM, SOME OF THEM HAVE ALSO A LESS WATER QUALITY TREATMENT STANDARD, UM, ALTHOUGH THIS PARTICULAR ONE DID ACTUALLY HAVE CURRENT SOS WATER QUALITY.

JUST WANNA MAKE THAT CLEAR.

UM, AND UH, SO WHEN APPLICANTS WANT TO REVISE OR AMEND RESTRICTIVE COVENANTS, UM, THAT, UM, TO ALLOW FOR GREATER DENSITY, THAT GIVES AN OPPORTUNITY TO, UM, COME CLOSER TO CURRENT CODE OR, UH, UM, ASK FOR GREATER ENVIRONMENTAL PROTECTIONS THAN WOULD OTHERWISE BE ALLOWED.

NEXT SLIDE.

OKAY.

SO THIS IS THE, UM, LOCATION MAP.

UM, AGAIN, 84 0 1 SOUTHWEST PARKWAY IS THE LOCATION.

IT IS IN THE FULL PURPOSE REGULATORY JURISDICTION.

UM, IT IS IN THE EDWARDS AQUIFER CONTRIBUTING ZONE AND THE BARTON SPRING ZONE.

UH, NEXT SLIDE.

UH, ONE MORE BACK.

THERE WE GO.

UM, IT IS IN THE WILLIAMSON CREEK AND BARTON CREEK WATERSHED.

UM, THERE ARE NO CRITICAL WATER QUALITY ZONES.

UM, SO NO CREEKS THAT ARE REGULATED, NO FLOODPLAIN AND NO CRITICAL ENVIRONMENTAL FEATURES LOCATED ON SITE.

NEXT SLIDE.

THIS IS THE TOPOGRAPHY.

SO

[00:10:01]

THE ORANGE LINES ARE SLOPES GREATER THAN 15%.

SO YOU CAN SEE THERE ARE, UM, JUST A FEW AREAS OF SLOPES GREATER THAN 15%, BUT, UM, BY AND LARGE IT IS A RELATIVELY FLAT SITE.

NEXT SLIDE.

ALRIGHT, SO OUR STAFF RECOMMENDATIONS.

UM, SO THE IMPERVIOUS COVER ON IN THE RESTRICTIVE COVENANT, UM, SET OUT 55% GROSS SITE AREA, UM, EXCEPT FOR IMPERVIOUS COVER.

THE SITE WILL COMPLY WITH CURRENT ENVIRONMENTAL CODES, EX INCLUDING THE SOS NONDEGRADATION WATER QUALITY TREATMENT REQUIREMENTS.

UM, DEVELOPMENT WILL ACHIEVE A ONE STAR AUSTIN ENERGY GREEN BUILDING RATING A MINIMUM OF FOUR PUBLIC AND EV CHARGING SPACES.

UM, INVASIVE SPECIES WILL BE MANAGED TO RESULT IN LESS THAN 5% COVER OF ANY PARTICULAR SPECIES WITHIN ENVIRONMENTALLY SENSITIVE AREAS.

SO BASICALLY THEY'RE GONNA BE MANAGING INVASIVE SPECIES, UM, AND THEY ARE GOING TO, THEY HAVE OFFERED TO COMPLY WITH AUSTIN ENERGY GREEN BUILDING REGARDING LIGHT POLLUTION AND REGARDING BIRD COLLISION DETERRENT CRITERIA.

SO STAFF RECOMMEND APPROVAL OF THE, UH, RESTRICTIVE COVENANT AMENDMENT.

THE APPLICANT IS ALSO HERE TO PROVIDE SOME FURTHER INFORMATION REGARDING, OH, AND I FORGOT TO MENTION, THIS IS A MULTI-FAMILY PROJECT.

UM, SO THE RESTRICTED COVENANT AMENDMENT WILL ALLOW THE MULTI-FAMILY PROJECT, UM, TO PROCEED WITH A, UH, HIGHER FAR LIMIT THAN WHAT IS ORIGINALLY ALLOWED.

SO, THANK YOU LIZ.

UM, APPLICANT.

DO YOU GUYS HAVE A PRESENTATION? MY NAME IS RICHARD SU.

I'M HERE ON BEHALF OF THE APPLICANT AND OUR PRESENTATION ISN'T AS GOOD AS THEIRS.

SO I'LL JUST TELL YOU, YOU BASICALLY WHAT WE'RE DOING, UM, BACK WHEN THE EARTH WAS STILL COOLING AND BEFORE WE HAD, COS WE DID THINGS IN THE ZONING ARENA WITH RESTRICTIVE COVENANTS.

AND THIS TRACT HAS TWO RESTRICTIVE COVENANTS ON IT.

ONE THAT WAS DONE IN LIKE 87, AND THEN ONE AMENDED IT IN 2010.

BUT BOTH OF THEM SAY THAT THE ONLY USES YOU CAN DO ARE BASICALLY COMMERCIAL USES.

IT'S ZONED GEO, SO YOU CAN ONLY DO COMMERCIAL USES UNDER THE ZONING.

BUT NOW WE HAVE, IN MODERN TIMES, WE HAVE A SCENARIO WHERE IF YOU DO A DEEP, UH, MIXED INCOME OR AFFORDABLE PROJECT UNDER AFFORDABILITY UNLOCKED, YOU CAN ACTUALLY DO THAT USE UNDER COMMERCIAL ZONING.

AND WE STARTED DOWN THAT PATH, BUT THEN WE REALIZED THE RESTRICTIVE COVENANT THAT WAS PLACED ON THERE BACK IN 87 SAYS YOU CAN ONLY DO COMMERCIAL USES.

SO WHAT'S BEFORE YOU TONIGHT IS ALLOW US TO HAVE RESIDENTIAL USE ON THIS PROPERTY.

BUT THE SAFETY VALVE IS THE ONLY WAY THAT HAPPENS BECAUSE THE ZONING WOULD ONLY ALLOW IT IS IF YOU DO AFFORDABILITY UNLOCKED, WHICH MEANS DEEP AFFORDABILITY AND MIXED INCOME HOUSING.

SO TONIGHT WE'RE BEFORE YOU JUST ASKING TO BE ABLE TO ADD THAT, KEEP THE IMPERVIOUS COVER THE SAME, DO THE SOS WATER QUALITY AND BUMP UP THE FAR SLIGHTLY TO GET THE NUMBER OF UNITS NEEDED TO MAKE A SUCCESSFUL, UH, AFFORDABLE HOUSING PROJECT THAT I'LL CLOSE AND BE HAPPY TO ANSWER ANY QUESTIONS.

THANK YOU.

UM, IF YOU WOULDN'T MIND, MAYBE JUST STICK AROUND AND THERE'S A COUPLE, UH, PUBLIC COMMENTS WE'LL HAVE, AND THEN WE'LL GO AROUND WITH QUESTIONS FOR EVERYBODY WITHIN THAT CONTEXT.

THANK YOU.

THANK YOU.

AND, UM, IS STUART GOODMAN HERE? IF YOU WOULDN'T MIND, JUST COME UP TO THE PODIUM, INTRODUCE YOURSELF ONE MORE TIME AND YOU'LL HAVE THREE MINUTES.

SIR, MY NAME IS, UH, STUART GOODMAN.

UH, FIRST I WANNA THANK THE COMMISSION MEMBERS FOR, UH, PROVIDING ME THE OPPORTUNITY TO SPEAK.

UH, I WANNA START OFF BY SAYING I HAVE NO ISSUES AS FAR AS WITH, UH, MULTIFAMILY DEVELOPMENT.

HOWEVER, WITH, AS WITH ANY DEVELOPMENT, I THINK IT'S IMPORTANT, UH, THAT IT NEEDS TO, I THINK MAKE SENSE AND ALSO I'D SAY BALANCE WITH THE ENVIRONMENT.

UH, AUSTIN'S HAD A HISTORY, UH, OF BEING AN ENVIRONMENTALLY CONSCIOUS CITY, AND I BELIEVE IT'S IMPORTANT THAT THIS REPUTATION TO MAINTAIN FOR FUTURE GENERATIONS TO ENJOY AND ENJOY SHORT TERM, UH, SIGHTED DECISION MAKING.

SO LEMME GET TO MY POINTS.

FIRST SLIDE.

I THINK THE, THE, THE FIRST POINT IS THIS 50 PLUS INTERESTED PARTIES ASSOCIATED WITH THIS PROPOSED DEVELOPMENT OF A FORTY FOUR HUNDRED AND THIRTY EIGHT MULTIFAMILY UNIT, UH, LOCATED ON TWO PARCELS IN A VERY ENVIRONMENTALLY SENSITIVE AREA.

UH, AND I THINK IT'S VITAL THAT AFFECTED RESIDENTS HAVE A VOICE.

UH, MY REQUEST IS THAT, UH, PARTIES HAVE PROVIDED NOTIFICATIONS OF ALL HEARINGS PERTAINING TO THE PROPOSED DEVELOPMENT, AND ANOTHER COMMISSION WANTS TO HEAR FROM, UH, FROM RE HAVE RESIDENT INPUT.

AND THAT CAN ONLY HAPPEN IF THEY'RE AWARE THAT MEETINGS RELATED TO THIS DEVELOPMENT ARE ACTUALLY HAPPENING AS, AS LIKE TONIGHT'S, UH, TONIGHT'S MEETING IMPERVIOUS COVER, I THINK,

[00:15:01]

YOU KNOW, ALL THE REGULATIONS UNDER CODE CONTRIBUTING ZONE WITH THIS DEVELOPMENT IS, HAS AN IMPERVIOUS COVER REQUIREMENT OF 25%.

IT'S RIGHT ADJOINING TO BARTON CREEK THAT HAS A, UH, IMPERVIOUS COVER LIMIT OF 20% NET.

THESE ARE NET UM, WHAT'S BEING REQUESTED IS A MASSIVE INCREASE, UH, RELATED TO THE CODE OF IMPERVIOUS COVER OF 120%.

UH, AND AGAIN, THIS A HUNDRED, 120 PLUS PERCENT BECAUSE THEY'RE REQUESTING IT ON A GROSS BASIS VERSUS ON A BUILDABLE BASIS, UM, ALSO REQUIRING A, A ZONING CHANGE TO MULTIFAMILY.

AND THEN FINALLY, THEY'RE DOUBLING, UH, THE BUILDING DENSITY AS UNDER THE CURRENT, UH, RESTRICTED COVENANTS.

SO I THINK AS A RESULT OF THIS MASSIVE CHANGE, IT NEEDS TO EVALUATE THE ENVIRONMENTAL IMPACTS OF SUCH A CHANGE.

NEXT SLIDE.

UM, THIS IS A HEAVILY WOODED AREA.

UH, IT, IT WAS IN THE PRESENTATION THAT THERE'S NO, UH, CRITICAL ENVIRONMENTAL FEATURES.

WELL, AS A MATTER OF FACT, THERE'S CANYON SPRINGS THAT'S LOCATED ON THE PROPERTY.

UM, AND I REQUEST THAT AN ENVIRONMENTAL ASSESSMENT OF CANYON SPRINGS BE CONDUCTED BEFORE ANY POTENTIAL AMENDMENT TO A RESTRICTED COVENANT IS CONSIDERED TREES.

AGAIN, YOU COULD SEE THIS IS A VERY, UH, NATURAL AREA.

IT, YOU KNOW, IT'S A HAVEN TO THE WILDLIFE AND SOME ENDANGERED SPECIES IN THE AREA.

THIS 17 HERITAGE TREES THAT WERE IDENTIFIED ON A A 2015, UH, UH, SURVEY TREE SURVEY ON THIS ONE, UH, LOT.

UM, I DON'T KNOW HOW MANY ARE ON THE OTHER PARCEL THAT'S PART OF THIS DEVELOPMENT, BUT I THINK THERE'S A NEED FOR, GIVEN WHAT'S BEING REQUESTED, A A TREE STUDY TO BE CONDUCTED AND WHAT MITIGATION MEASURES.

LAST POINT.

LAST SLIDE IS JUST TO CUT AND FILL WHERE THE ENTRANCE AND EXIT IS, UH, IS IN EXCESS OF 15%.

IT'S GONNA REQUIRE ONE MORE SLIDE.

UH, CAN YOU TURN IF YOU, YEAH, THANK YOU.

SORRY.

UH, IT'S GOING TO REQUIRE SIGNIFICANT CUT AND FILL AND THAT SHOULD BE ASSESSED AND WHAT THE EN ENVIRONMENTAL IMPACT IS UPFRONT, AGAIN, BEFORE CONSIDERING ANY AMENDMENTS TO THE, UH, RE RESTRICTED COVENANTS.

THANK YOU.

THANK YOU SIR.

NEXT STEP, WE HAVE, UM, CHANDLER HARRIS.

AND IF YOU COULD STATE YOUR NAME AGAIN AND, UM, AS A REMINDER, YOU HAVE THREE MINUTES.

HI, I'M CHANDLER HARRIS.

UH, I LIVE AT 5,700 SUNSET RIDGE IN AUSTIN, TEXAS, UH, 7 8 7 3 5.

THE, UH, MY PROPERTY IS BASICALLY ON THE BACKSIDE OF THIS PROPERTY, AND I DIDN'T RECEIVE NOTICE ABOUT THIS HEARING, UM, NOR DID ANY OF MY NEIGHBORS.

WE WERE SOMEHOW NOTIFIED BY SOMEBODY ELSE.

WE HAD BEEN DISCUSSING WITH YESTERDAY THAT THIS WOULD HAPPEN AND I NOTIFIED ALL MY NEIGHBORS.

AND THEN PROBABLY WITHIN THE LAST THREE HOURS, YOU GUYS PROBABLY GOT 50 EMAILS.

I ASSUME YOU CAN GO THROUGH YOUR INBOX.

ALL THE INTERESTED PARTIES WERE NOTIFIED.

BUT, UH, BY ME PERSONALLY, I SHOULDN'T HAVE TO DO THAT.

I FEEL LIKE MY NEIGHBORS SHOULD BE APPRISED AS TO WHAT'S GOING ON, ESPECIALLY PARTICULARLY WITH THIS DEVELOPMENT.

UM, SOME OF THE THINGS THAT MR. GOODMAN NOTED, UM, GOING TO 55% IMPERVIOUS COVERAGE, UH, I DON'T KNOW HOW THAT EVER HAPPENED IN THE FIRST PLACE, BUT THEN IT WAS RESTRICTED TO THE USE OF COMMERCIAL SPACE.

UM, WE WERE FINE WITH THAT.

WE BOUGHT OUR HOUSE KNOWING THAT, UM, BUT THAT'S GOING TO DO A LOT.

THERE WERE A LOT OF GREEN FEATURES TO THAT PROJECT, AND THAT'S GOING TO DO A LOT LESS TO THE, UH, DAMAGE TO THE ENVIRONMENT THAN WHAT THEY'RE INTENDING TO DO HERE.

UM, THEY'RE CHANGING THE DENSITY OF THIS DEVELOPMENT AND THAT THAT'S, IT'S THE NATURE OF WHAT THEY'RE, THEY'RE ATTEMPTING TO DO HERE OVERNIGHT IS COMPLETELY DIFFERENT THAN WHAT TOOK YEARS AND YEARS AND YEARS TO ARRIVE AT.

UM, AS PER TIM JAMEL, THE CURRENT PROPRIETOR WHO I PERSONALLY SPOKE WITH, IT SAID, YOU KNOW, IN 2011, IT TOOK HIM, HE HAD DONE THAT FOR MANY YEARS TO BE ABLE TO GET IT TO GO FROM 25% TO 55%.

UM, I'D LIKE TO SPEAK TO THE FACT THAT THERE IS A PACK OF COYOTES THAT LIVES ON THAT PROPERTY.

I KNOW, BECAUSE WHEN THEY DO THE DEVIL DANCE, WHENEVER THEY CATCH SOMETHING, I COULD GO OUT THERE AND FILM WITH MY CAMERA AND IT'S ABUNDANTLY CLEAR THAT THERE'S MINIMUM OF 20 COYOTES ON THAT PROPERTY.

JUSTIN JENSEN, WHO HAS 54 15 TRAVIS COOK ROAD, WHO WOULD'VE LOVED TO HAVE BEEN HERE TONIGHT HAD HE BEEN NOTIFIED, UM, ACTUALLY USES HIS ACREAGE, WHICH IS SHARES A PROPERTY LINE WITH THESE PARCELS, UM, AS A NATURE PRESERVE.

SO

[00:20:01]

HE ACTUALLY TRACKS FOXES, COYOTES, HE HAS ALL THIS FILM.

HE, HE HAS BASICALLY THIS FOOTAGE.

HE HAS ALL THESE PICTURES OF THE WILDLIFE THAT ARE ON THIS PROPERTY.

AND I DON'T THINK THE DEVELOPERS THAT ARE COMING IN HERE HAVE EVER SEEN IT.

HIS WILDLIFE, I DON'T THINK THEY UNDERSTAND.

BUT I LIVE DIRECTLY ACROSS THE STREET AND IT IS A, LIKE STUART SAID, IT'S A HEAVILY WOODED AREA.

UM, I WOULD LIKE TO SEE, UM, YOU KNOW, A PLAN AS TO WHAT EXACTLY IS GONNA BE DONE WITH ANY WILDLIFE THAT WOULD BE DISPLACED.

UM, AND I WOULD LIKE, I WOULD LIKE A PLACE FOR THEM.

I WOULD ALSO LIKE A STUDY DONE ON THE 1,995 CAR TRIPS PER DAY THAT ARE ESTIMATED AND WHAT TYPE OF POLLUTION THAT'S GOING TO ADD TO THE AREA, UM, AND HOW IT WOULD AFFECT THE BARTON CREEK WATERSHED.

UM, ESPECIALLY, AND PARTICULARLY GIVEN THE FACT THAT THEY HAD A ST.

JUNE COMPLEX, UH, OF SIMILAR SIZE AND SCOPE THAT WAS JUST PUT IN WITHIN THIS LAST YEAR, WHICH IS GOING TO EXTREMELY AFFECT THE REGION.

AND THAT IN CONJUNCTION WITH THIS, UH, THERE HAVE BEEN NO STUDIES AND NO DUE DILIGENCE, UH, DONE IN AN APPROPRIATE MANNER.

AND I THINK THAT THIS SHOULD REALLY, REALLY, REALLY BE REVISITED.

AND I THINK WE SHOULD SLOW THIS PROJECT DOWN AND, AND GIVE GREAT CONSIDERATION TO THE ACTUAL IMPACTS OF THE ENVIRONMENT.

THANK YOU, SIR.

THANK YOU FOR YOUR TIME.

UM, NEXT UP WE HAVE ROY WHALEY.

UM, CAN I GO IF YOU DON'T, SORRY, IF YOU DON'T MIND.

UM, YOU'RE GONNA HAVE TO TALK INTO THE MIC SO THE REMOTE COMMISSIONERS CAN HEAR YOU.

THANK YOU.

I'M STILL COMPOSING MY NOTES AND I WOULD PREFER THAT MR. BOBBY LAVINSKY GO FIRST.

HE HAS MORE PERTINENT, UH, ALLEGATION INFORMATION.

CORRECT.

THANK YOU.

OKAY.

AND NEXT UP WE HAVE BOBBY LAVINSKY.

SURE.

THANK YOU COMMISSIONERS.

MY NAME IS BOBBY LEVINSKY WITH THE SAFE AIR SPRINGS ALLIANCE.

UM, I'M DISTRIBUTING THE ORIGINAL RESTRICTIVE COVENANT THAT, UM, WAS PASSED BACK IN, UM, THE 85 ZONING CASE FOR THIS MATTER.

I THINK IT'S REALLY RELEVANT TO THE DISCUSSION THAT YOU'RE HAVING TONIGHT, UM, TO THE COMMISSIONERS ONLINE.

I EMAILED IT TO YOU SHORTLY BEFORE, UM, GETTING UP HERE.

UM, I THINK IT'S REALLY IMPORTANT, ESPECIALLY FOR, UH, NEWER MEMBERS.

UM, AND JUST KIND OF LIKE, JUST A REFRESHER FOR ALL OF US TO REALLY UNDERSTAND WHAT HAPPENED WITH THE O KILL AREA STUDY WHEN, UM, AUSTIN WAS ANNEXING MOST OF OAK HILL.

SO THE 800 ACRES THAT WE'RE REALLY TALKING ABOUT HERE, WE'RE NOT REALLY TALKING ABOUT ONE PROPERTY.

WE'RE TALKING ABOUT HOW THESE RESTRICTIVE COVENANTS HAVE BEEN TREATED OVER TIME FOR 800 ACRES OF PROPERTY.

UM, SO WHEN THESE, UH, THE, THAT AREA WAS ANNEXED, THEY WENT THROUGH A ZONING PROCESS WHERE, UM, IF THE OWNER WOULD AGREE TO RESTRICTING THEIR IMPERVIOUS COVER TO MAKE IT MORE ENVIRONMENTALLY FRIENDLY, THEN UM, THEY WOULD GET THE ZONING THAT THEY WERE REQUESTING.

THAT'S ESSENTIALLY SUMMARIZING A LOT OF, UM, A LOT OF LEGAL TALK THAT, UM, I THINK THAT SOS ALLIANCE HAS BEEN REALLY CONSISTENT WITH OUR POSITION THAT WE DON'T AGREE WITH THE CITY'S POSITION.

I DON'T WANT TO LITIGATE THAT HERE TODAY, BUT I WANNA HIGHLIGHT HERE IS WHAT THIS ORIGINAL RESTRICTIVE COVENANT DID.

WHAT HAPPENED IN 2010 AND WHERE WE ARE TODAY.

SO THIS ORIGINAL RESTRICTIVE COVENANT DIDN'T HAVE THE IMPERVIOUS COVER PROVISIONS IN THERE THAT WAS ADDED IN 2010 WHEN THEY CAME IN NEGOTIATING FOR A CHURCH.

THAT WAS THE TREND AT THE TIME TO COME IN AND SAY, HEY, WE'RE GONNA BUILD A CHURCH, SO IF YOU DON'T GIVE US WHAT WE WANT, WE'LL SUE YOU UNDER THE FREEDOM OF RELIGION ACT.

SO NOW THAT YOUR CURRENT TREND IS AFFORDABLE HOUSING, IT IS ABSOLUTELY NEEDED.

IT IS ABSOLUTELY NEEDED.

AND I, I, I DON'T THINK WE SHOULD TAKE LIGHT THE AFFORDABLE HOUSING.

WHAT WE SHOULD NOT ALSO TAKE LIGHT IS WHAT THE INTENT OF THE SOS ORDINANCE WAS.

AND THAT IS TO ENSURE THE FUTURE OF OUR CLEAN AND ABUNDANT WATER SUPPLIES FOR NOT ONLY US, EVERYONE THAT RELIES ON, ON THEIR EQUAL ECOSYSTEMS THAT RELY ON ON OUR URBAN CREEKS.

THESE ARE CRITICAL ENVIRONMENTAL PROTECTION MEASURES THAT WE HAVE TO PROTECT.

AND THIS IS THE OPPORTUNITY TO NEGOTIATE FOR BETTER.

THEY'RE NOT OFFERING VERY MUCH WHAT YOU'RE SEEING IS SOME INVASIVE SPECIES CONTROL.

THAT'S GREAT.

YOU'RE SEEING SOME COMMITMENT TO ONE STAR GREEN BUILDING.

NOW THAT'S, THAT'S, THAT'S A PRETTY EASY STANDARD TO MEET.

UM, AND THERE IS NO ACTUAL COMMITMENT FOR AFFORDABILITY UNLOCKED IN WHAT YOU'RE APPROVING TONIGHT, WHAT YOU'RE RECOMMENDING TONIGHT.

SO I WOULD ACTUALLY ENCOURAGE US TO GO AHEAD AND POSTPONE THIS.

LET'S HAVE A CONVERSATION ABOUT HOW TO TREAT THIS SITE.

WE DON'T WANNA GET IN THE WAY, THAT'S GREAT.

BUT WE ALSO NEED TO START REALLY RESPECTING THE, AN ORDINANCE THAT'S BEEN IN PLACE FOR OVER 30 YEARS,

[00:25:01]

AND WE'RE STILL STRUGGLING TO ENFORCE IT TO THIS DAY.

IT'S A SLIPPERY SLOPE.

IT HAPPENS TIME AND TIME AGAIN.

I, I REMEMBER BEING HERE A FEW MONTHS AGO WHERE IT WAS A SIMILAR SCENARIO WHERE IT WAS A RELIGION, SER, THEY HAD PREVIOUSLY NEGOTIATED WITH THE CITY, THEN THEY WANTED SOMETHING MORE.

WE HAVE TO DRAW A LINE, SO PLEASE, UM, POSTPONE IT OR JUST DON'T RECOMMEND IT.

THIS IS AN ENVIRONMENTAL COMMISSION.

THANK YOU.

THANK YOU, SIR.

NEXT UP WE HAVE ROY WHALEY.

I, HOW DO Y'ALL, I'M STILL ROY WHALEY.

I'M STILL THE CONSERVATION CHAIR OF THE LOCAL SIERRA CLUB.

UM, AND THANK YOU FOR THE PREVIOUS SPEAKERS, UM, FOR SIERRA CLUB.

JOHN MUIR SAYS, IT'S ALWAYS A BALANCING ACT.

THAT'S WHAT, WHAT, THAT'S WHAT NATURE IS.

UM, AND SIERRA CLUB IS FOREIGN AFFORDABLE HOUSING.

WE'RE, WE'RE AWARE THAT PEOPLE ARE AMONG THE MOST ENDANGERED SPECIES IN AN URBAN ENVIRONMENT, LOWER INCOME PEOPLE.

UM, AND SO WE'RE FOR THAT, BUT WE HAVE TO BALANCE THAT WITH THE ENVIRONMENTAL CONCERNS THAT WE HAVE ALSO.

AND THERE ARE A VARIETY OF THINGS THAT WERE BROUGHT UP THIS EVENING THAT I THINK WARRANT THE IDEA OF POSTPONING THIS AND HAVING A DEEPER DISCUSSION ON WHAT WE HAVE HERE.

UM, I'M SURE THAT IT WAS NOT AN INTENTIONAL OVERSIGHT.

UM, BUT THERE ARE ISSUES ON THIS SITE.

WE WANT TO HAVE OUR, OUR LOWER INCOME PEOPLE HAVE REAL INCOME LEVEL OF AFFORDABLE HOUSING.

THE, THE TERM AFFORDABLE HOUSING.

UH, SO FREQUENTLY JUST MEANS SLIGHTLY LESS EXPENSIVE HOUSING.

AND WE NEED TO BE ABLE TO HELP THE PEOPLE THAT DO THE DIRTY WORK HERE IN AUSTIN THAT HAVE THE, THE JOBS THAT THE REST OF US DEPEND ON.

UM, AND NOT THE, THE OTHER PART OF THE AFFORDABILITY OR THE ENVIRONMENTAL, UH, IMPACT IS THEY SHOULDN'T HAVE TO DRIVE IN FROM AND RISK THEIR LIVES TO DRIVE IN FROM DRIPPING SPRINGS.

THEY SHOULDN'T HAVE TO COME IN FROM BASTROP OR SMITHVILLE TO HAVE THESE JOBS.

WE HAVE TO HELP OUR, OUR LOWER INCOME FOLKS AFFORD TO LIVE IN AUSTIN AT THE SAME TIME THAT WE BALANCE IT WITH THE, THE ENVIRONMENTAL CONCERNS.

SO IT'S NOT, WE'RE, SIERRA CLUB IS CERTAINLY NOT A NIMBY ORGANIZATION, BUT WE'RE ALSO NOT A YBI ORGANIZATION EITHER SAYING WE WANT DENSITY EVERYWHERE, ANYWHERE, WHEREVER WE COULD PUT IT.

I REMEMBER WHEN THEY FIRST CAME AND TALKED ABOUT, UM, THE, THE REDRAWING OF THE URBAN MAP IN 2017 THAT THE, THE CONSULTANT SAID, WE PUT THE ENVIRONMENTAL CONTROLS IN FIRST AND THEN WE FIT EVERYTHING ELSE IN AROUND THAT.

THAT'S WHAT WE NEED TO DO HERE.

PUT THE ENVIRONMENTAL CONCERNS IN FIRST AND STILL HAVE THAT BALANCE OF HAVING THE AFFORDABLE HOUSING THAT WE NEED.

THANK YOU.

THANK YOU, SIR.

ALL RIGHT.

UM, SO THAT'S IT FOR THE PUBLIC COMMENTS.

UM, THANK YOU STAFF.

THANK YOU APPLICANT.

UM, WE'RE, WE'RE GONNA GO AROUND AND HAVE QUESTIONS, SO WE'LL PROBABLY HAVE SOME QUESTIONS FOR, FOR THE, FOR THE APPLICANT IN THIS PROCESS.

UM, LET'S, LET'S START REMOTELY.

LET'S, UH, BRIER, UH, WHY DON'T YOU START, DO YOU HAVE ANY QUESTIONS FOR STAFF, UM, OR THE APPLICANT? IT'S THERE.

I CAN, YOU'RE, YOU'RE GONNA FIND IT.

I CAN.

I BELIEVE IN YOU.

WE'LL, WE'LL COME BACK TO YOU, UH, KRUEGER WHILE HE'S UNMUTING.

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

THANK YOU.

UH, FIRST OFF, I WANNA THANK EVERYONE WHO HAS PRESENTED TONIGHT, UM, TO EVERYONE WHO GAVE PUBLIC COMMENT, I WANT TO ACKNOWLEDGE YES, PROBABLY THE 50 PLUS PEOPLE WHO HAVE EMAILED.

UM, I'VE OPENED EVERY ONE OF THOSE EMAILS AND I APPLAUD YOUR, YOUR ORGANIZING EFFORTS ON THIS MATTER AND THE LEVEL OF CONCERN THIS RAISES.

UM, I ESPECIALLY RESONATED WITH COMMENTS ABOUT THE COYOTES IN THE NEIGHBORHOOD.

UM, I AM A RENTER IN EAST AUSTIN, BUT THAT BEING SAID, THE LITTLE PATCH OF LAND THAT I STEWARD, I'M WORKING TO

[00:30:01]

PLANT AS MANY NATIVES AS I CAN.

UM, I GET EXCITED WHEN A NEIGHBOR SAW A FOX DOWN THE STREET.

AND SO I THINK, YOU KNOW, LIVING IN, IN HARMONY WITH NATURE IS SOMETHING THAT'S IMPORTANT FOR ALL OF US.

SO I WANT TO RECOGNIZE AND INVALIDATE THOSE CONCERNS.

UM, I DO ALSO APPRECIATE THAT MANY SPEAKERS HAVE BROUGHT UP THE NEED FOR BUILDING DENSELY AND FOR AFFORDABLE HOUSING.

THAT IS SOMETHING THAT IS A HUGE CONCERN, UH, IN AUSTIN.

IT'S SOMETHING THAT I FEEL ACUTELY AS, AS A RENTER.

UM, AND SO I DO WANT TO VALIDATE THOSE CONCERNS.

AND AS SOMEONE REPRESENTING DISTRICT THREE, WHICH IS EAST AUSTIN ON THIS COMMISSION, UM, I WANT TO BRING UP THAT EAST AUSTIN OFTEN BEARS THE BRUNT OF THE DEVELOPMENT IN THIS CITY.

AND SO I DO THINK IT'S IMPORTANT FOR WEST AUSTIN AS BEAUTIFUL AS IT IS TO HELP BEAR SOME OF THE BURDEN OF RESPONSIBILITY OF, OF DEVELOPMENT IN THE CITY.

AND THAT BEING SAID, YOU KNOW, WHEN A LOT NEAR WHERE I LIVE THAT HAS TREES, YOU KNOW, GETS CUT DOWN OR DIFFERENT THINGS, OF COURSE I EXPERIENCE A CERTAIN LEVEL OF HEARTBREAK, AS DOES ANYONE.

AND SO I THINK APPROACHING THESE ISSUES WITH, UM, AS MUCH CARE AND UNDERSTANDING AS POSSIBLE IS REALLY IMPORTANT.

NONE OF THAT WAS A QUESTION, BUT I JUST THOUGHT IT WAS IMPORTANT TO SAY OFF THE BAT.

UM, SO WITH ALL THAT BEING SAID, I DO THINK THE QUESTIONS OF AFFORDABILITY ARE IMPORTANT.

SO I'M WONDERING IF THE APPLICANT CAN SPEAK TO THE AFFORDABILITY OF, OF THE PLANNED, UM, DEVELOPMENT.

YES, MA'AM.

RICHARD SETTLED AGAIN ON BEHALF OF THE APPLICANT.

UM, UNDER THE PUBLIC HEARING RULES, DO Y'ALL KNOW, ABIDE BY THE RULE WHERE PRESENTATION, OPPOSITION AND REBUTTAL? OR IS AND I AND, AND I'M OKAY EITHER WAY.

I, I APOLOGIZE.

NOT HERE.

NO, WE, WE HAVEN'T BEEN FOLLOWING THAT.

BUT YOU'RE, YOUR, YOUR COUNSEL SAYS NO.

OH, IT'S NOT PUBLIC HEARING.

PERFECT.

ALRIGHT.

UM, PERFECT.

THEN, THEN NEVERMIND, NEVERMIND.

LET JUST ANSWER , IF YOU WOULD LIKE TO PROVIDE A REBUTTAL, UM, A AFTER ANSWERING THE QUESTION, YOU'RE, YOU'RE WELCOME TO DO SO.

LET ME ANSWER THE COMMISSIONER'S QUESTION FIRST, AND THEN IF SOMEBODY ASKS QUESTIONS, WE CAN GO FROM THERE.

SO THE ONLY WAY THIS TRACK CAN BE UNDER OUR PROPOSAL, THE ONLY WAY THIS TRACK CAN BE DEVELOPED FOR RESIDENTIAL IS TO DO, DO THE CITY'S PROGRAM OF AFFORDABILITY UNLOCKED.

AND TO DO AFFORDABILITY UNLOCKED, YOU HAVE TO MEET CERTAIN, UM, INCOME RESTRICTIONS FOR A CERTAIN NUMBER OF UNITS AND SO ON.

FOR ON, ON THIS ONE, FOR INSTANCE, 20% OF THE UNITS WOULD BE AT 50% OF THE MEDIAN FAMILY INCOME.

THAT'S HOW YOU QUALIFY.

20% WOULD BE AT 60%, 10% WOULD BE 80%, AND 50% WOULD BE AT 120% MEDIAN FAMILY INCOME.

SO FOR A TOTAL OF 438 UNITS, 176 OF 'EM WOULD BE, UH, UNDER AFFORDABILITY UNLOCKED THE AFFORDABLE UNITS.

I WANTED TO MAKE NOTE, WE'RE NOT ASKING TONIGHT FOR YOU TO INCREASE OUR IMPERVIOUS COVER TO 55%.

THE IMPERVIOUS COVER ON THIS TRACK IS ALREADY AT 55%.

THERE IS AN OFFICE SITE PLAN APPROVED ON THE SITE AND HAS BEEN, AND IS, HAS A FIVE YEAR LIFE ON IT, I THINK, ON THE SITE TODAY.

SO WE'RE NOT ASKING TO DO THAT.

TWO THINGS WE'RE ASKING FOR TONIGHT IS THE ALLOWANCE TO BE ABLE TO DO THE AFFORDABLE HOUSING AND TO ALLOW THE FAR TO GO FROM 0.5 TO ONE, WHICH IS AN INCREASE, BUT KEEP THE IMPERVIOUS COVERED THAT'S THERE TODAY AND DUE TO, UH, THE SOS WATER QUALITY.

THANK YOU.

THANK YOU, SIR.

COMMISSIONER KRUEGER, DO YOU HAVE ANY OTHER QUESTIONS FOR APPLICANT OR STAFF? THANK YOU.

YEAH, I JUST, I'M WONDERING IF THE STAFF HAS ANY COMMENTS ON THE PRESENTATION, UM, THAT INCLUDED THE CANYON SPRING, UM, AND THE OTHER FEATURES THAT PERHAPS WEREN'T BROUGHT UP IN YOUR PRESENTATION.

OH, YEAH, LIZ JOHNSTON, WATERSHED PROTECTION, UM, STAFF DID GO, UM, AND, UH, INVESTIGATE THE HISTORIC LOCATION OF THE, THE SPRING AND DID NOT, UH, FIND ONE PRESENT.

OKAY.

THANK YOU.

ARE THERE ANY OTHER NOTES THAT YOU HAD FROM THAT, THAT SLIDE ABOUT THE CRITICAL ENVIRONMENTAL FEATURES, INCLUDING THE GRADE OF THE SLOPE, WHICH I BELIEVE IS DIFFERENT THAN WHAT YOU ALL REPORTED? KRUGER, YOU'RE REFERRING TO THE, UM, DRIVEWAY, UH, THE COMMENTS ABOUT, UH, CUT FILL AT

[00:35:01]

THE DRIVEWAY, IS THAT CORRECT? YES.

AND THEN ANY OTHER, IT SAYS THAT STAFF WANTS TO TOUCH ON, I FEEL LIKE THERE WERE A COUPLE OF SLIDES THAT SORT OF HIT ON THE CRITICAL ENVIRONMENTAL FEATURES AND THERE WERE SOME DISCREPANCIES.

SO RIGHT.

SO THE APPLICANT IS MEETING OR WILL MEET CURRENT CODE, AND AT THAT POINT WE WILL, UM, ASSESS WHETHER OR NOT CUT AND FILL CONSTRUCTION ON SLOPES, UM, AND WHATNOT IS MET.

AND IF THEY CAN'T MEET IT, THEN IT WOULD REQUIRE AN, UM, ENVIRONMENTAL VARIANCE LIKE ANY OTHER.

UM, SO THEY WOULD BE MEETING, CUT AND FILL REQUIREMENTS, CONSTRUCTION ON SLOPE REQUIREMENTS, TREES, UH, UH, HILL COUNTRY ROADWAY, I BELIEVE.

UM, SO ALL OF THOSE FEATURES, SO IT'S REALLY JUST THE IMPERVIOUS COVER.

UM, AS FAR AS WATER QUALITY PROTECTIONS, THAT WOULD NOT BE ADHERED TO.

THANK YOU.

AND JUST FOR THE EDIFICATION OF EVERYONE PRESENT AND THOSE WHO EMAILED US, CAN YOU SPEAK TO THE SET THE HERITAGE TREES ON SITE AND HOW THOSE WILL BE HANDLED? THEY WILL MEET CURRENT CODE FOR HERITAGE TREE PROTECTION.

OKAY.

THANK YOU.

THAT'S ALL I HAVE RIGHT NOW.

COMMISSIONER BRAMER, DO YOU, UH, HAVE ANY QUESTIONS? YEAH, I FOUND THE UNMUTE SWITCH ON MY, UH, COMPUTER.

THANK YOU.

THANK YOU.

UH, YEAH, I APPRECIATE YOUR PATIENCE THERE.

UM, I PULLED UP THE 2010, UH, RESTRICTED COVENANT SHEET THAT'S AS FAR BACK I WAS AS I WAS ABLE TO GET.

UH, AND THE, UH, THE RESTRICTIONS THAT ARE ON THERE SEEM TO BE COPIED PRETTY MUCH IDENTICAL, UH, TO WHAT'S BEING RECOMMENDED NOW, UH, WITH, WITH, UH, WITH ONE EXCEPTION.

UH, THE ORIGINAL 2010, UH, RESTRICTIVE COVENANT THAT WAS PASSED BY, UH, COUNCIL AND THE PLANNING COMMISSION, UH, RESTRICTED ACCESS TO, UH, SUNSET RIDGE IS THE REASON WHY WE'RE, UH, NOT CARRYING THAT OVER THIS TIME AROUND ANYONE.

YEAH.

THE APPLICANT'S COMING.

I WAS, I WAS TRYING TO FIND SUNSET RIDGE ON THE MOUNT.

YEAH.

BUELLER IS THE QUESTION THAT WE ARE GOING TO NOT TAKE ACCESS TO SUNSET RIDGE, CARRY THAT OVER, IS THAT CORRECT? ER, YEAH.

UH, ARE WE, ARE, ARE YOU, WE ARE GONNA CARRY THAT OVER.

OUR ACCESS WILL BE ON SUN, WILL BE ON SOUTHWEST PARKWAY.

WE HAVE AN EMERGENCY ACCESS BACK THERE ON SUNSET RIDGE, BUT OUR ACCESS WILL BE ON SOUTHWEST PARKWAY.

UH, SO THERE WOULDN'T BE AN, THERE WOULDN'T BE ANY OBJECTION TO CARRYING THAT PARTICULAR ITEM FROM 2010 OVER TO THE CURRENT ONE, IS THAT CORRECT? WOULD YOU, WOULD YOU LIMIT? WELL, THE WORDING ON THE 2010 DOCUMENT, UH, SAYS, UH, WELL IT MENTIONED THE FLORIDA AREA RATIO, WHICH I WOULD LIKE TO HAVE ADDED IN THERE.

YOU MENTIONED IT'S THE ONE TO ONE, SO I'D LIKE TO CARRY THAT OVER AS WELL.

BUT THEN IT GOES ON TO SAY IMPERVIOUS IS COVERED LIMITED TO 55% AND WATER QUALITY PER SOS AND EXCEPT FOR EMERGENCY ACCESS PURPOSES, VEHICLE VEHICULAR ACCESS TO SUN RIDGE IS PROHIBITED.

IS THERE ANY REASON WHY YOU WOULDN'T WANT TO CARRY THAT OVER? NO, THAT THAT'D BE FINE TO CARRY THAT OVER.

OKAY.

NOW, UH, IF I UNDERSTAND THIS PROPERLY, UH, I SPOKE TO THE, UM, THE PEOPLE THAT DO THE, UM, THE, UH, WHATEVER THAT IS THE, UH, AFFORDABILITY UNLOCKED PROGRAM, UH, EARLIER TODAY, UH, THAT PROCESS HASN'T BEEN COMPLETED FOR YOU ALL YET, IS THAT CORRECT? THAT'S CORRECT.

IT'S MOVING THROUGH THE PROCESS.

THE COUNTY HAS ACTED ON THEIR BOND PORTION OF IT.

WE ANTICIPATE BEING AT THE CITY COUNCIL ON THE 29TH, I BELIEVE.

BUT AGAIN, THE SAFETY VALVE IS, IF IT'S NOT APPROVED, WE DON'T HAVE THE ZONING TO DO RESIDENTIAL.

I UNDERSTAND THAT, BUT, UH, YOU'RE NOT GONNA CHANGE THE ZONING.

YOU'RE GONNA LET THE ZONING REMAIN.

UH, I BELIEVE IT'S GEO NOW, YES.

OKAY.

SO YOU'RE GONNA ALLOW THE, THE ZONING REMAIN THE SAME, BUT YOU'RE GONNA GET AROUND THE ZONING CHANGE BY USING THE AFFORDABILITY, UH, PROCESS.

IS THAT CORRECT? WELL, I WOULDN'T SAY WE'RE GETTING AROUND IT.

THAT IS THE LAW.

IF YOU DO AFFORDABILITY UNLOCKED, YOU CAN DO IT IN THIS ZONING CATEGORY.

OKAY.

YEAH.

THAT'S THE ONLY WAY, THAT'S THE ONLY WAY.

I APOLOGIZE FOR THE, THE WORDING, BUT,

[00:40:01]

UH, REGARDLESS, UH, YOU'RE USING THE AFFORDABILITY, UH, PROCESS IN ORDER TO, UH, NOT HAVE TO CHANGE THE ZONING.

CORRECT.

OKAY.

UM, IN EXCHANGE FOR THAT, YOU DO THE DEEP AFFORDABILITY, RIGHT? OTHERWISE WE COULD ASK FOR A MIXED USE ZONING CASE, BUT THEN YOU, YOU WOULDN'T NECESSARILY HAVE THE DEEP AFFORDABILITY, RIGHT? I THINK WE'RE SAYING THE SAME THING.

YEAH, NO, I'M, I'M JUST TRYING TO MAKE SURE I UNDERSTAND THE ENTIRE THING BECAUSE IT'S, UH, RATHER CONVOLUTED.

UM, WHEN I ORIGINALLY WAS GOING THROUGH THIS, I WAS A BIT PERPLEXED WHY YOU DIDN'T GO THROUGH A ZONING CHANGE AS OPPOSED TO THE AFFORDABILITY PROCESS.

UM, SO THE, THE ZONING IS GONNA REMAIN THE SAME.

IS THERE ANY REASON WHY, UH, IF THE ZONING'S GONNA REMAIN THE SAME THAT WE PUT IN EXCLUSIONS FOR ALL THE, UH, COMMERCIAL ACTIVITY THAT'S PART OF THAT ZONING? I BELIEVE THE COVENANT FROM THE FIRST ROUND ALREADY DOES A LOT OF THAT, ACTUALLY.

AND THEN THERE WAS, THEN THERE WERE SOME MORE EXCLUSIONS IN AMENDMENT NUMBER ONE.

AND WE'RE, WE'RE NOT TRYING TO CHANGE ANY OF THAT.

THERE ARE SEVERAL ITEMS THAT ARE EXCLUDED IN THE, UH, 2010, UH, DOCUMENT, BUT THEY'RE NOT TOTALLY EXCLUSIVE OF ALL THE ITEMS UNDER GO.

AND IF YOU'RE GONNA USE IT EXCLUSIVELY FOR, UH, RESIDENTIAL PURPOSES, UH, WE PROBABLY OUGHT TO GO AHEAD AND REMOVE ALL THE COMMERCIAL STUFF OUT OF THERE IF IT'S GONNA BE, YOU KNOW, RESIDENTIAL.

RIGHT.

WELL, IT WOULD BE HARD FOR ME TO DO THAT BECAUSE IF FOR SOME REASON WE CAN'T DO THE RESIDENTIAL, THEN WE'VE ALSO LIMITED WHAT THE PROPERTY IS ALLOWED TO DO TODAY AND WE GO BACKWARDS.

SO I, I, I DON'T THINK I CAN AGREE TO FURTHER LIMITING THE USES, UM, JUST BY ADDING A RESIDENTIAL USE.

SO YOU WANT TO KEEP THE COMMERCIAL USE, BUT ADD THE OPTION TO GO RESIDENTIAL? YES.

OKAY.

UM, ALL RIGHT.

UH, IT SEEMS LIKE TO ME THAT THE, UH, ADDITION OF FOUR, UM, EV CHARGING STATIONS FOR 438, UH, APARTMENT UNITS IS A PRETTY LOW BAR TO SET.

DO YOU THINK YOU CAN DO BETTER THAN THAT? I THINK I DON'T HAVE THE AUTHORITY TONIGHT TO SAY YES, BUT IF YOU PUT A NUMBER IN YOUR RECOMMENDATION, I WOULD TAKE THAT BACK TO MY CLIENT.

WELL, THE RECOMMENDATION WILL BE PASSED, AND THAT'D BE KIND OF THE WAY THAT IT IS.

UH, IF WE GIVE YOU A NUMBER AND THEN WE PASS IT WITH FOUR IN IT, THEN THAT'S ALL YOU'RE OBLIGATED TO DO.

AND SO THAT'S KIND OF THE WAY THAT WORKS.

YOU'RE NOT COMING BACK TO GET A A, YOU KNOW, A DO OVER.

UH, SO, YOU KNOW, IF WE PUT DOWN 10 AND WE PASS IT WITH 10, THEN THAT'S THE WAY IT IS.

UM, YOU KNOW, AND I WOULD GO BACK TO MY CLIENT AND SAY, THE ENVIRONMENTAL BOARD PUT 10 ON YOU.

HOW DO YOU FEEL ABOUT IT? WELL, I MEAN, IT'S KIND OF A, HERE IT IS.

UM, OKAY.

UH, THAT'S ALL I'VE GOT.

THANK YOU VERY MUCH.

APPRECIATE THE, UH, UH, EFFORT OF EVERYONE.

APPRECIATE THE INPUT OF THE, UH, THE NEIGHBORS AND, UH, OF THE CITY STAFF'S, UH, PRESENTATIONS.

VERY GOOD.

APPRECIATE IT.

THANK YOU EVERYONE FOR YOUR, UH, INPUT.

THANK YOU.

THANK YOU.

CHRIS, YOU GOT ANY QUESTIONS OR COMMENTS? HEY, Y'ALL, UM, APPRECIATE THE PRESENTATION FROM CITY STAFF AND, UH, THE APPLICANT'S LAWYER FOR SHOWING UP.

UM, APPRECIATE THE COMMUNITY.

YOU KNOW, UH, I GREW UP AROUND THE, UH, YOU KNOW, NUTTY BROWN OAK HILL, PART OF TOWN PAST 71.

SO I HAVE A LOT OF FOND MEMORIES OF, UH, GOING TO THE, UH, THE BEST BUY IN THE SERRANOS OFF SOUTHWEST PARKWAY.

AND, UH, MY POPS ACTUALLY STILL WORKS AT, UH, IN XP.

SO TO ECHO WHAT, UH, COMMISSIONER KRUGER SAID, YOU KNOW, I DO UNDERSTAND THAT, UH, YOU KNOW, WHILE THIS IS AN ENVIRONMENTALLY SENSITIVE PART TOWN, UM, YOU KNOW, THE NEED FOR AFFORDABILITY IN ALL PARTS OF TOWN IS, IS IMPORTANT.

UM, MY QUESTION IS, UM, YOU KNOW, WE HAVE THIS, UH, IT SEEMS VERY NICE THAT WE'RE DOING, YOU KNOW, DEEP AFFORDABILITY HERE.

UM,

[00:45:01]

I WAS CURIOUS ABOUT THE NUMBERS.

NUMBERS SEEM KIND OF DECENT.

UM, IS THERE LIKE A TRANSIT LINE NEAR THIS PROPOSED, UH, APARTMENT COMPLEX? NO.

OH, WE HAVE AN ANSWER FROM THE CROWD.

30, 30 MINUTE WALK.

IT'S KIND OF WHAT I ASSUMED AS SOMEONE WHO HAS BEEN AROUND SOUTHWEST PARKWAY QUITE A BIT IN MY RELATIVELY YOUNG LIFETIME.

UM, JUST A REMINDER, THERE ARE PEOPLE, UM, VIRTUAL WHO CAN'T HEAR UNLESS IT'S SPOKEN FOR THE VIRTUAL COMMISSIONER.

SOMEONE FROM THE AUDIENCE YELLED.

NO, UM, I GUESS I GOT TO ADD COMMENTATING TO MY JOB EXPERIENCE TITLE NOW.

UH, COMMISSIONER, UH, I DID CHECK IT AND THERE IS NO MASS TRANSIT THERE.

THERE WE GO.

WE GET A COMMISSIONER BACKING UP THE, UH, I'M NOT GONNA CALL Y'ALL PEANUT GALLERY, BUT YOU KNOW, CASHEW GALLERY, IF YOU WILL.

UM, YEAH, THAT WAS, UH, THAT WAS MY MAIN QUESTION.

I THINK, UH, TO BORROW A SLOGAN THAT COMMISSIONER SULLIVAN HAS, UH, HAS BROUGHT ON TO THIS PLACE, UH, THIS SEEMS LIKE A CASE OF SMART HOUSING.

UM, AND I DO THINK THAT WHILE IT'S IMPORTANT TO CREATE AFFORDABLE PARTS OF TOWN IN EVERY PARTS OF TOWN, IT ALSO MAKES A LOT OF SENSE TO DO IT NEAR MASS TRANSIT.

UM, AND THAT WAS PRETTY MUCH MY ONLY QUESTION AT THIS TIME.

APPRECIATE IT.

SO THERE'S, THERE WAS SOME DISCUSSION ABOUT PUBLIC NOTIFICATION AND HOW THE, THE PUBLIC IS NOTIFIED, AND I WAS WONDERING IF STAFF COULD EXPLAIN HOW THE PUBLIC IS NOTIFIED AND IF THERE'S A DEFINITION OF INTERESTED PARTY AND WHETHER, WHETHER THERE WERE PEOPLE WHO WERE JUST NOT NOTIFIED.

UM, YES.

SO ENVIRONMENTAL COMMISSIONS, UM, DO NOT HAVE NOTICE SENT OUT.

UM, WE DO HAVE A COURTESY MAILCHIMP FOR FOLKS WHO ARE REGISTERED WITH OUR STAKEHOLDER GROUP, UM, BUT WE DO NOT HAVE A METHOD TO CONTACT, UM, ANYONE ADDITIONAL TO THAT.

UM, I CAN, UH, NANCY WITH PLANNING DEPARTMENT IS ALSO ONLINE, AND MAYBE SHE CAN ALSO, UH, TALK MORE ABOUT INTERESTED PARTIES.

THANK YOU.

HI, THIS IS NANCY WITH, UM, THE ZONING DEPARTMENT, AND, UM, IT IS CORRECT FOR AN RC THIS IS A RESTRICTIVE COVENANT AMENDMENT THAT WAS SUBMITTED TO THE ZONING DEPARTMENT.

AND TYPICALLY WITH A, A TYPICAL STANDARD, UM, ZONING CASE, WHEN A CASE IS SUBMITTED, A NOTICE OF FILING WOULD BE SENT OUT WITHIN THE, UM, 14 DAY PERIOD.

BUT SINCE THIS IS A RESTRICTIVE COVENANT AMENDMENT, A NOTICE OF FILING IS NOT REQUIRED.

HOWEVER, WHEN IT MOVES FORWARD TO PUBLIC HEARINGS SUCH AS COMMISSION, THE LAND USE COMMISSION, OR CITY COUNCIL, THEN UM, PUBLIC HEARING NOTIFICATION DOES GO OUT FOR THAT ARE WITHIN 500 FEET OF, UM, THE SUBJECT REZONING AREA.

AND, AND THEN AS THIS PROCESS WOULD MOVE FORWARD WITH COUNCIL AND THE PLANNING COMMISSION, ET CETERA, IS THERE A NOTIFICATION AT THAT POINT? SO, CORRECT.

RIGHT NOW, UM, ONCE THIS, ONCE WE GET THROUGH ENVIRONMENTAL COMMISSION AND, AND THROUGH THE AFFORDABILITY UNLOCKED PROCESS AND THE RESTRICTIVE COVENANT CASE BEGINS TO, UM, CAN AT THAT POINT BE RECOMMENDED OR REVIEWED FOR RECOMMENDATION, THEN ONCE IT'S SCHEDULED FOR COMMISSION, IT WILL BE, UH, PEOPLE WITHIN 500 FEET WILL BE NOTIFIED.

SO THE ZONING DEPARTMENT DOESN'T HAVE, I KNOW, LIKE FOR INSTANCE, SITE PLAN OR, UM, LIKE LISTED SAID, ENVIRONMENTAL, THEY HAVE INTERESTED PARTY LISTS.

UM, WE HAVE A NOTIFICATION DEPARTMENT THAT ACTUALLY, UM, WITH THE GIS DEPARTMENT THAT ACTUALLY SKETCHES OUT EXACTLY 500 FEET FROM THE PROPERTY THAT IS THE SUBJECT PROPERTY.

AND THAT IS, UM, WHO WILL RECEIVE NOTIFICATION IF YOU'RE WITHIN 500 FEET OF THE SUBJECT PROPERTY.

I GUESS MY LAST QUESTION THEN IS, IS, UM, IS RELATED YOU, SO THE, THE, THE TWO CHANGES THAT THEY'RE REQUESTING ARE TO BE ALLOWABLE USE AND THEN THE FAR, CAN YOU KIND OF, CAN YOU GIVE A LAYPERSON'S EXPLANATION OF WHAT THAT FAR WHAT THE IMPLICATIONS OF THAT ARE? WELL, THE FAR WILL, UM, IMPACT THE DENSITY OF WHAT IS ALLOWED IN WHAT WAS ALLOWED IN 2010 VERSUS WHAT IS BEING REQUESTED NOW.

SO THAT CHANGES THE FLORIDA AREA RATIO AND IMPACTS THE DENSITY OF A BUILDING.

UM, AND THEN THEY ARE ALSO REQUIRING OR REQUESTING THE MULTI-FAMILY USE.

AND AT THIS POINT, UM, AS FAR AS WHAT'S BEING REQUESTED, ADDITIONAL ITEMS TO THE RESTRICTIVE COVENANT, UM, YOU KNOW, WE WOULD BE WORKING WITH OUR LAW DEPARTMENT TO, UH, TO GO THROUGH THAT PROCESS.

SO RIGHT NOW, THIS IS JUST IN THE REVIEW PROCESS, UM, AND WE'D BE WORKING WITH

[00:50:01]

OUR, AND WE'RE WORKING WITH OUR LAW DEPARTMENT.

THANK YOU.

AM I ON? OKAY.

UM, I DON'T THINK I HAVE ANY REALLY SPECIFIC QUESTIONS.

I GUESS ABOUT THE, THE SWITCH.

I GUESS MY QUESTION IS, IF YOU'RE AT 55% IMPERVIOUS COVER WHERE APPLICANT, UH, 55% IMPERVIOUS COVER, WHICH YOU ALREADY HAVE, BUT YOU'RE INCREASING THE FAR, IS THE, IS IT POSSIBLE TO DECREASE THAT IMPERVIOUS COVER TO CREATE A BALANCE HERE? IWI WISH WE COULD, BUT THEN YOU WOULD, YOU WOULDN'T GET THE SQUARE FOOTAGE THAT YOU NEED TO GET THE NUMBER OF UNITS YOU NEED TO MAKE THE PROJECT WORK.

SO BASICALLY TO GET THE FEET FOR THE PROJECT, WE'VE GOTTA HAVE THE ONE ONE FAR, YOU START SQUISHING DOWN THE IMPERVIOUS COVER, THEN YOU GOTTA GO UP AND WE DON'T HAVE THE HEIGHT TO GO UP.

OKAY.

SO FOR THIS SPECIFIC ONE, UM, AND THEN ARE THERE ANY RAINWATER COLLECTION SYSTEMS? SORRY, GO AHEAD.

I, I, LET ME, I DON'T KNOW.

THE ANSWER TO RAINWATER COLLECTION, THERE'S NOT, NOT PROPOSED ANY RIGHT NOW.

IT, IT'S KIND OF INTERESTING, AND I THINK BOBBY WOULD DISAGREE, BUT UNDER THE OLD ORDINANCES, THERE'S ACTUALLY, THE IMPERVIOUS COVER WAS REDUCED BY THIS COVENANT FROM 65 TO 55 BASED ON THE OLD ORDINANCES PRIOR TO SOS.

SO THE, THE, THERE'S ALREADY A REDUCED IMPERVIOUS COVER BASED ON THIS COVENANT THAT'S IN PLACE RIGHT NOW.

AND THEN, RIGHT NOW WE'RE NOT PROPOSING RAINWATER CAPTURE, IN A SENSE WE ARE, BECAUSE WE'RE DOING SOS WATER QUALITY, WHICH YOU CAPTURE ALL THE RUNOFF AND RE IRRIGATE AND RE IRRIGATE.

OKAY, THANK YOU.

I DON'T BELIEVE I HAVE ANY SPECIFIC QUESTION AT THIS POINT.

THANK YOU FOR YOUR PRESENTATIONS.

YEAH, SO I MEAN, I MADE A LIST OF ISSUES AND SOME OF THEM HAVE ALREADY BEEN COVERED.

ONE THING I HAVEN'T HEARD WAS, I GUESS THIS IS FOR STAFF ABOUT DEALING WITH THE ENDANGERED SPECIES ISSUES.

ARE THERE BLACK CAP BARRIER OR GOLDEN CHEEK WARBLER HABITAT HERE OR ANY OTHER ENDANGERED SPECIES? AND IF SO, WHAT WOULD THE APPLICANT HAVE TO DO TO DEVELOP THE PROPERTY? SO ENDANGERED SPECIES IS NOT REGULATED BY THE CITY OF AUSTIN.

IT WOULD BE THROUGH THE, UM, FISH AND WILDLIFE SERVICE OR THE BALCONIES, UM, CANYON LANDS PRESERVE.

UH, LESLIE, DO YOU KNOW IF, UH, LOOKING AT THE SITE, I DON'T BELIEVE THAT THERE WOULD BE ANY CONCERN ABOUT EITHER OF THOSE SPECIES, BUT, UM, UH, I'M GONNA ASK IF LESLIE HAS ANY MORE INFORMATION.

AND I'D NOTE THAT COYOTES ARE NOT CONSIDERED TO BE AN ENDANGERED SPECIES.

I DO LOVE COYOTES, ACTUALLY, BUT, UH, LESLIE, HI, UH, LESLIE LILY WATERSHED PROTECTION.

UM, BASED ON, UM, THE, UH, ASSESSMENT OF THE SITE, UM, THERE HAS NOT BEEN ANY, UH, OBSERVATION OF AN, UH, ENDANGERED SPECIES, BUT, UM, I CAN CONFIRM.

SORRY, LET ME TURN MY CAMERA ON REALLY QUICK.

CAN Y'ALL SEE MY CAMERA? NO, SORRY.

OKAY, LET'S TRY, CAN YOU SEE MY CAMERA NOW? YEP.

YES.

OKAY, GREAT.

UH, LESLIE LILY WATERSHED PROTECTION.

UM, SO THERE WAS AN ENVIRONMENTAL RESOURCE INVENTORY DONE, UH, ON THE SITE.

AND AT THIS TIME THERE HASN'T BEEN ANY, UH, OBSERVATION OF ENDANGERED SPECIES, UH, ON THE SITE.

BUT I WILL, UM, CONFIRM WITH OUR, UM, WITH OTHER WATERSHED STAFF REVIEWING THE SITE PLAN ASSOCIATED WITH THIS RESTRICTIVE COVENANT TO MAKE SURE THAT THERE, UM, IF THERE IS ANY OBSERVATION OF ENDANGERED SPECIES, THAT THEY'RE REGULATED APPROPRIATELY.

RIGHT.

SO IS IT THE CASE THAT STA UH, THAT CITY WOULD LOOK TO MAKE SURE THAT THE APPLICANT IS FOLLOWING ALL THE REQUIREMENTS FROM FISH AND WILDLIFE? UM, SO YEAH, THERE IS A CODE REQUIREMENT THAT, UH, WITH CERTAIN TYPES OF PROJECTS IN ENDANGERED SPECIES AREA, THAT, UM, REVIEW STAFF WITH A SITE PLAN NOTIFY, UM, APPLICABLE REGULATORY AGENCIES.

UM, I'M NOT SURE IF THIS ONE MEETS THAT OR NOT, BUT, UM, IF IT, IF IT DOES MEET THOSE REQUIREMENTS, UM, IT GOES THROUGH A PROCESS TO BE FOR THE NOTIFICATION TO OCCUR.

OKAY.

I HAVE A QUESTION FOR MY COLLEAGUE, RICHARD BRIMER, UH, COMMISSIONER BRIMER.

WHAT'S THE REASON FOR PROHIBITING ACCESS TO, UH, SUNSET RIDGE? JUST CONSISTENCY WITH THE, UH, 2010, UH, RESTRICTIVE COVENANTS.

[00:55:01]

OKAY.

UM, CAN I ASK THE NEIGHBORHOOD THEN, WHY, WHAT'S THE REQUIREMENT FOR THE RESTRICTION TO ACCESS TO UBSTANCE SUNSET RIDGE? THE POINT OF VIEW WOULD SPEAK THE MICROPHONE.

I GUESS IF ONE OF THE NEIGHBORHOOD REPRESENTATIVES THAT WAS LISTED AS A SPEAKER WOULD, WOULD, WHY WOULD YOU RESTRICT ACCESS THERE? IS THAT THE QUESTION? YES.

THANK YOU.

AND YEAH, YOU'LL, IF YOU DON'T MIND REITERATE, I MEAN, IT SEEMS LIKE ACCESS, UM, THAT THAT'S EASY, BETTER, NICER ACCESS THAN GOING OUT ONTO SOUTHWEST PARKWAY AND STATE.

THAT COULDN'T BE FURTHER FROM THE TRUTH.

ACTUALLY, YOU HAVE BARTON CREEK CHILD DEVELOPMENT CENTER THERE ON TRAVIS COOK ROAD, WHERE MY THREE AND 4-YEAR-OLD DAUGHTERS GO TO SCHOOL, AS DO A LOT OF THE RESIDENTS OF THE NEIGHBORHOOD.

AND I'M GONNA TELL YOU WHAT THIS WOULD DO TO THE TRAFFIC IN THAT AREA IS ABSOLUTELY DANGEROUS TO THE CHILDREN IN OUR NEIGHBORHOOD.

IT'S GOING TO URBANIZE, UH, WHAT IS OTHERWISE A PARADISE.

YOU KNOW, THE SONG, THEY PAVE PARADISE AND PUT UP A PARKING LOT.

THAT'S WHAT THEY'RE GONNA DO WITH THIS 10 ACRES.

AND I'M TELLING YOU, IF THEY PUT AN ENTRANCE OR EXIT THERE, THAT ROAD IS GOING TO GET HAMMERED AND DESTROYED.

WE WOULD ACTUALLY HAVE BACKED UP TRAFFIC IN OUR NEIGHBORHOOD 1,995 TRIPS A DAY, WHICH IS A LOW ESTIMATE.

IT'S NOT EVEN ACCURATE.

OKAY.

BECAUSE THEY, ON THE TIA WORKSHEET, THEY KNOCKED THAT DOWN BECAUSE THEY SAID THAT THERE'S TRANSIT IN THE AREA, THERE'S NO TRANSIT, IT'S NOT SAFE.

SO IT DOESN'T MEET, MEET THE S IN SMART HOUSING.

IT, IT, IT DOESN'T MEET THE T THERE'S NO TRANSIT.

AND, AND IF THEY PUT A, A ENTRANCE EXIT THERE, TRAVIS COOK ROAD DURING PEAK HOURS RIGHT NOW FROM SOUTHWEST PARKWAY TO OLD BKS ROAD IS ALREADY SAND'S THE 2000 EXTRA TRANSIT.

OKAY.

NO, NO, NO, I GET IT.

IT'S ALREADY BACKED UP.

NOW YOU TAKE, WELL LET ME ASK YOU, LET ME ASK YOU THIS QUESTION, UHHUH, WOULD YOU BE OPPOSED TO A PEDESTRIAN ONLY ACCESS? ABSOLUTELY NOT.

'CAUSE YOU WANNA TALK ABOUT DESTROYING THE ENVIRONMENT? WE HAVE A GREEN BELT THAT IS EXCLUSIVE TO OUR NEIGHBORHOOD THAT WE PAY FOR WITH OUR HOA AND NOW THE ONLY RECREATION IN THE AREA IS ACTUALLY OUR PRIVATE TRAIL, WHICH IS THREE OR FOUR MILES THAT WE MAINTAIN WITH OUR HOA DUES.

AND THERE'S NO WAY WE CAN POLICE IT.

WE CAN'T WALK WITH PEOPLE AND SAY, EXCUSE ME, CAN I SEE SOME ID ORDER, YOU KNOW, YOU, YOU DON'T HAVE ACCESS TO THIS TRAIL.

I HAVE A POINT OF ORDER REALLY QUICK.

MM-HMM.

YES.

UM, YEAH.

SO, UM, UH, CHAIR BRIAN, I MEAN, UH, CHAIR, UM, BERG BERG, YOU'RE GOOD? YEP.

YEAH.

UM, I, I DON'T THINK THAT THE DEMAND SPEAKING RIGHT NOW IS REPRESENTING, UM, EITHER STAFF OR THE APPLICANT.

IS THAT CORRECT? THAT IS CORRECT.

AND WE NORMALLY DON'T HAVE FOLLOW-UP QUESTIONS FOR PEOPLE THAT COME AND FOR PUBLIC COMMENT.

CORRECT.

WE CAN ASK THEM FOLLOW UP QUESTIONS.

STAFF TELL ME IF I'M GETTING THIS WRONG, BUT WE CAN ASK THEM QUESTIONS.

IF THEY WERE A LISTED SPEAKER ON AN AGENDA ON A, ON AN ITEM, THEY CAN SPEAK ON THAT ITEM.

AND I'M, THAT'S WHAT ELIZABETH'S SAYING, SO THAT'S, SO JUST WANNA MAKE SURE WE WEREN'T NO, I WAS ELECTED THE HEAD TO A SPECIAL COMMITTEE, A SPECIAL COMMITTEE REGARDING, UM, THIS DEVELOPMENT BECAUSE NOBODY IN OUR NEIGHBORHOOD WAS DISCUSSED WITH, NOBODY WAS NOTIFIED.

AND I SAW A LITTLE SIGN ACROSS THE STREET AND WAS LIKE, I CALLED SOME PEOPLE AND THEY SAID, OH, NOTHING'S GONNA HAPPEN.

AND I WAS LIKE, NO, I KNOW HOW TO READ.

AND, UM, SO ACTUALLY THE, I I CAN, I CAN'T THINK OF ANY OF MY NEIGHBORS THAT WOULDN'T LOVE TO BE HERE RIGHT NOW, AND NONE OF THEM KNEW ABOUT THIS UNTIL YESTERDAY.

ALRIGHT, WELL AGAIN, YOU WILL HAVE A CHANCE AT THE PLANNING COMMISSION OR THE ZONING AND PLANNING COMMISSION AND THE CITY COUNCIL.

I WOULD LIKE TO FURTHER ANSWER YOUR TRAFFIC QUESTION THOUGH.

NO, I MEAN YOU HAVE NO, I HAVEN'T.

YOU ARE OPPOSED TO A MOTOR VEHICLE ACCESS AND YOU ARE OPPOSED TO PEDESTRIAN ACCESS.

CORRECT.

BUT ALSO EVEN I'M OPPOSED TO SOUTHWEST PARKWAY ACCESS TOO, BECAUSE IF YOU LEAVE THERE, THERE'S NO LIGHT.

BUT LET'S SAY THEY PUT A LIGHT IN WHICH THEY WOULD HAVE TO 'CAUSE IT'S DANGEROUS.

WELL, YEAH, I DIDN'T ASK YOU ABOUT THAT, BUT THANK YOU VERY MUCH.

YEAH, THANK YOU.

OKAY, ANYTHING ELSE, ELVIN? NO.

OKAY.

SECRETARY BRISTOL, DO YOU HAVE ANY QUESTIONS FOR STAFF, APPLICANT OR LISTED PUBLIC COMMENTERS? I DO.

AND THANK YOU FOR CLARIFYING THAT.

UM, YES.

SO, UM, I SEE IN THE, UM, THE BACKUP MATERIAL HERE THAT, UM, THE APPLICANT IS REQUESTED TO, UM, UH, REDUCE LIGHT POLLUTION BY USING DARK SKY, UM, TYPE LIGHTING.

AND SO I WANNA FOLLOW UP WITH, UM, MR. SUBTLE ABOUT THAT, UM, AND MAKE SURE THAT THAT IS SOMETHING THAT IS, UM, GOING TO BE USED THROUGHOUT THE, UH, THE BUILDING AS WELL AS THE PARKING AREAS.

THE QUESTION IS, WILL WE DO WHAT WE SAID WE'D DO ON THE DARK SKIES ON, ON THE WHOLE DEVELOPMENT? I'M, I'M PARAPHRASING.

YES.

GOOD PARAPHRASE.

YES.

[01:00:01]

OKAY.

THANK YOU.

MM-HMM, .

UM, SO THEN, UM, THIS IS, YOU KNOW, CLOSE TO AND WITHIN THE, UM, RIGHT UP NEXT TO, UM, THE BALCONES CANYON LANDS WHERE THE GOLDEN SHEEP WARBLERS, UM, LIVE AS WELL AS THE BLACK CAP BARRIOS.

UM, I DO WANNA ECHO, UM, A COUPLE OF Y'ALL'S COMMENTS AS FAR AS, UM, YOU KNOW, REALLY MAKING SURE TO FOLLOW UP WITH, UM, WITH THIS PIECE OF PROPERTY TO MAKE SURE THAT THEY ARE, UM, NOT, UM, ACTUALLY BREEDING, UM, AND NESTING, UM, ON THIS, UM, LOCATION, BUT ALSO TO HAVE, MAKE SURE THAT THE APPLICANT UNDERSTANDS THAT AS YOU'RE BUILDING IN THIS AREA, THAT EVERY, UM, YOU KNOW, EVERYTHING THAT WE CAN DO TO ENSURE THAT THEY, THAT ALL THE BIRDS, UM, THAT LIVE IN AND USE THIS AREA, YOU KNOW, HAVE, UH, HAVE SOME HABITAT LEFT.

UM, AND, UM, I I LIKE IT THAT YOU'RE REMOVING THE INVASIVE, UM, PLANTS.

UM, HOPEFULLY THAT ALSO FOLLOWS UP WITH, YOU KNOW, ANY KIND OF REPLANTING AND LANDSCAPING THAT Y'ALL HAVE TO DO, UM, USES NATIVE PLANTS AS WELL.

AND IS THAT THE PLAN? IT IS.

AND, AND AGAIN, REITERATE STRICT COMPLIANCE WITH THE APPLICABLE ENDANGERED SPECIES ACT AND GUIDELINES FOR HAVE AS IDENTIFIED IN OUR ERA, WHATEVER THEY ARE, WE WILL COMPLY WITH.

OKAY.

I KNOW YOU WILL.

UM, AND SO THEN MY NEXT QUESTION HERE, UM, AND IT'S REALLY A I'LL, I'LL MAKE A STATEMENT FIRST AND, AND I WANT, I WANT THE NEIGHBORS TO HEAR THAT.

AND THEN CERTAINLY, UM, ANYBODY LISTENING THE PASSION OF THE EMAILS THAT WAS SENT OUT, I, I I, I'M REALLY, UH, MOVED BY THEM AND I'M MOVED BECAUSE WE ARE ALL FEELING IT, WE'RE ALL FEELING THE LOSS OF HABITAT.

WE ARE ALL FEELING THAT, OH, ONE MORE THING IS JUST ONE MORE THING, AND HOW MUCH MORE DO WE NEED? WELL, WE DO NEED AFFORDABLE HOUSING.

AND SO, YOU KNOW, THERE, THIS IS IMPORTANT.

UM, BUT, BUT I WANT EVERYBODY TO REALLY TAKE NOTE OF THAT AND UNDERSTAND THAT THE ONLY WAY THAT WE ARE GOING TO PRESERVE, UM, ANY, WHETHER IT'S, YOU KNOW, IN THE EASTERN CRE IS TO BUY MORE PARKLAND.

AND, AND WE JUST, WE'VE GOTTA DO IT.

AND I HOPE THAT Y'ALL HEAR IT AND I HOPE EVERYBODY THAT SENT ON AN EMAIL BUCKLES DOWN AND UNDERSTANDS THAT.

AND WHEN BOND ISSUES COME FORWARD THAT WE, WE SUPPORT THEM SO THAT WE CAN ACTUALLY BUY MORE PARKLAND BECAUSE WE CANNOT EXPECT THAT WE'RE NOT GONNA DEVELOP PIECES OF PROPERTY.

I MEAN, THAT'S JUST WHAT'S, WHAT'S GONNA HAPPEN.

UM, SO I, YOU KNOW WHAT, I WAITED FOR YOU TO GO SIT BACK DOWN RICHARD AND .

I DO HAVE ONE MORE QUESTION.

I'M SORRY.

UM, TALK TO ME A LITTLE BIT ABOUT, UM, THE PARKING.

IS IT, IS THERE A PLAN TO HAVE A PARKING GARAGE OR WILL IT BE SURFACE PARKING? SURFACE IT, IT SURFACE PARKING.

IT'S SURFACE PARKING.

OKAY.

AND ON THAT, YOU SAID THAT YOU WERE GONNA, UM, UM, PLAN ON HAVING, UH, RAIN CATCHMENT.

DO YOU ALSO PLAN ON HAVING LIKE BIOS SWALES, AND TALK TO ME A LITTLE BIT ABOUT HOW YOU PLAN TO CATCH SOME OF THE RUNOFF FROM, UM, THE PARKING TAKE THIS, I'M STARING AT THE ENGINEER TO SEE IF SHE'D LIKE TO TALK ABOUT, YOU KNOW, AS WE, AS WE GO THROUGH THE, GO THROUGH