* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.
          [00:00:06]
          AND SO IT 
          [Call to Order]
IS TIME TO START TONIGHT'S ZONING AND PLANNING COMMISSION MEETING. 
          UM, AND ARE YOU ALL OKAY. 
          UH, TECHNICAL PEOPLE. 
          ARE WE GOOD TO GO ON ANDREW? OKAY. 
          THANK YOU, ANDREW. 
          AND OKAY. 
          I'LL FIRST START OUT BY CALLING THE ROLE. 
          SO HERE IT GOES. 
          AND I'M GOING TO, OKAY. 
          COMMISSIONER IDEA HERE. 
          VICE CHAIR, BARRERA RAMIREZ HERE. 
          COMMISSIONER BRAY. 
          OH, HERE. 
          OKAY. 
          GREAT COMMISSIONER. 
          DAN DANCLER PRESENT COMMISSIONER DUNCAN, COMMISSIONER EVANS, COMMISSIONER EVANS. 
          GREAT COMMISSIONER KING HERE. 
          AND I'M HERE. 
          UH, KOBASA COMMISSIONER RAY HERE. 
          COMMISSIONER SMITH HERE. 
          OKAY, GREAT. 
          EVERYBODY'S HERE. 
          AND THEN TONIGHT'S AGENDA 
          [Reading of the Agenda]
CRA, UH, A ONE APPROVAL OF MINUTES FROM AUGUST 4TH, 2020, UM, B ONE ZONING AND REZONING C 14 DASH 2019 DASH ZERO ZERO FIVE NINE. 
          UH, THAT STATE HIGHWAY 71 AND FM NINE 73. 
          UH, STAFF AND APPLICANT ARE REQUESTING AN INDEFINITE POSTPONEMENT B TO REZONING C 14 DASH 2020 DASH ZERO ZERO SEVEN ZERO JBR HOLDINGS. 
          AND THAT IS ON THE CONSENT AGENDA. 
          A B I MEAN C3, I MEAN B3 REZONING C 14 DASH 2020 DASH ZERO ZERO SIX THREE PEER PROPERTY REZONING. 
          AND THAT IS A DISCUSSION ITEM B FOR REZONING C 14 DASH 2019 DASH ZERO ONE FIVE NINE ARBORETUM. 
          LOT NINE APPLICANT IS REQUESTING A POSTPONEMENT TO OCTOBER SIX, A B S FIVE, ZONING C EIGHT ONE FOUR DASH TWO ZERO ONE EIGHT DASH ZERO ONE TWO TWO CIRCUIT OF THE AMERICAS PUD. 
          AND THAT IS THE DISCUSSION ITEM AND B SIX FINAL PLAT WITH PRELIMINARY C H J DASH TWO ZERO ONE EIGHT DASH ZERO ZERO SEVEN 8.28 FINAL PLAT PRESERVE AT OAK HILL. 
          AND THAT IS ON THE CONSENT AGENDA. 
          SO GROUP TOGETHER, 
          [Consent Agenda]
THE CONSENT AGENDA. 
          AGAIN, IT IS THE MINUTES A ONE, AND THEN IT IS B ONE FOR THE STAFF AND APPLICANT INDEFINITE POSTPONEMENT B TO B FOR, UM, WHICH IS THE APPLICANT POSTPONEMENT TO OCTOBER 6TH AND, UM, BE SIX. 
          AND, UH, BEFORE WE APPROVE THAT, I WOULD JUST LIKE TO ASK, IS THERE ANYBODY ON HOLD WAITING TO SPEAK ON AN ITEM THAT IS ONE OF THOSE ITEMS THAT IS ON THE CONSENT AGENDA, AND THAT WOULD BE THE, UH, THE PROPERTY ON I ON INTERSTATE 35 OR ON, UM, AND THAT WILL BE PASSED ON CONSENT OR THE PRELIMINARY PLAT ON CIRCLE DRIVE. 
          AND IF NOT, THEN LET'S JUST GO AHEAD. 
          UH, IS THERE A MOTION DO A MOTION THERE'S TWO CORRECTIONS ON THE MINUTES. 
          OKAY. 
          TWO AND FOUR DO NOT SHOW IT WAS COMMITTED TO HER KING THAT SECOND DID, WHICH WAS ON THE CONSENT AGENDA JUST AS COMMISSIONER AND THERE WAS NO NAME ON THE SECOND PERSON. 
          OKAY. 
          THANK YOU. 
          SO A MINUTES, THANK YOU VERY MUCH. 
          COMMISSIONER EVANS. 
          SO A MINUTES AS CORRECTED AND, UM, WAS THAT EMOTION COMMISSIONER EVANS. 
          OKAY. 
          UH, CAUSE TO CLOSE THE PUBLIC HEARING AND PASS AND PASS THE CONSENT AGENDA MOTION BY COMMISSIONER EVANS SECONDED BY, OH, DON'T ALL JUMP AT ONCE. 
          OKAY. 
          UH, VICE-CHAIR BOROUGH RAMIREZ, ALL THOSE IN FAVOR, PLEASE SAY AYE. 
          OR RAISE YOUR HANDS SO I CAN SEE IT. 
          GREAT. 
          OKAY. 
          PASSES UNANIMOUSLY. 
          AND I JUST WANT TO REMIND PEOPLE TO MUTE WHEN YOU ARE NOT SPEAKING. 
          AND ALSO, I THINK I HAD ANOTHER LITTLE REMINDER HERE AND, UM, WE'LL CONTINUE TO, THANKS TO COMMISSIONER BRAY. 
          WE'LL USE THE HAND RAISING HAND ICON TO, UM, UH, 
          [00:05:01]
SPEAK, UM, TO SPEAK. 
          THAT WAS EASIER ONCE WE GOT IT DOWN. 
          AND SO NOW WE HAVE OUR FIRST CASE AND, UM, STAFF IS, AND THE STAFF PERSON FOR THAT IS MARK GRAHAM. 
          SO, UM, AND THAT IS C 
          [B3. Rezoning: C14-2020-0063 - Pier Property Rezoning; District 10]
B3, UM, THEIR PEER PROPERTY REZONING, UH, CHAIR MEMBERS OF THE COMMISSION, MARK GRAHAM FOR PLANNING AND ZONING STAFF. 
          THE SUBJECT CASES, THE PURE PROPERTY REZONING  AT 1703 RIVERS HILLS ROAD. 
          UM, THIS REQUEST IS FOR A FOOTPRINT REZONING FROM  TO CR THE FOOTPRINT WOULD BE APPROXIMATELY 4,182 SQUARE FEET. 
          THAT NUMBER IS DERIVED FROM THE FOOTPRINT OF THE EXISTING MARINA THEY'RE PROPOSING TO REBUILD IN THE FOOTPRINT OF THE EXISTING MARINA. 
          UM, THIS IS, THIS CASE IS UNUSUAL IN THAT THEY'RE NOT PROPOSING NEW DEVELOPMENT. 
          UM, THERE ARE NO CURRENTLY OCCUPIED STRUCTURES OR OPERATING BUSINESSES ON THE PROPERTY. 
          SO YOU'RE ASKING WHY IS THE REZONING REQUESTED? THE CITY CONTACTED THE PROPERTY OWNER ABOUT SOME POTENTIAL DANGEROUS THINGS ON THE PROPERTY? THE PROPERTY OWNER, UM, AGREED TO, UM, REPAIR AND CORRECT THE, THE POTENTIAL VIOLATIONS. 
          UH, THEY CONTACTED THE CITY AND, UH, PERMITS THE PERMITS WERE, UH, DECLINED BECAUSE THEY DIDN'T HAVE THE CORRECT ZONING TO HAVE A MARINA, UH, AS A STANDALONE USE ON THE  PROPERTY. 
          THE REVISED THAT THE CURRENT ZONING FOR A COMMERCIAL MARINA THAT IS A MARINA WITH MORE THAN THREE SLIPS IS THE CR ZONING COMMERCIAL RECREATION ZONING. 
          SO THEY APPLIED FOR COMMERCIAL RECREATION, ZONING AND INDICATE THAT THEY PLAN TO CORRECT THE SAFETY ISSUES. 
          UH, ONCE THEY HAVE THE CORRECT ZONING AND THE CITY WILL ISSUE THE PERMITS. 
          SO STAFF IS SUPPORTING THIS REQUEST. 
          UM, THAT CR IS THE, UM, THE CURRENT ZONING. 
          IT'S THE ONLY ZONING THAT ALLOWS THE MARINA USE AS A BI-RITE USE. 
          AND, UM, IT WOULD BE, UH, ANTICIPATED THAT IF YOU HAVE WATERFRONT PROPERTIES, UM, MOST PEOPLE EXPECT TO HAVE THE USE OF THE WATER. 
          AND THAT INCLUDES, UH, USE OF DOCS. 
          IN THIS CASE, A COMMERCIALLY ZONED PROPERTY, UH, COULD ANTICIPATE HAVING A COMMERCIAL DOCK. 
          SO, UM, THAT'S INCLUDES THE STAFF REPORT, UM, EXCEPT TO SAY THAT, UM, WE HAVE ASKED CLARISSA DAVIS WHO IS A SITE PLANNER WITH THE CITY TO BE AVAILABLE FOR QUESTIONS. 
          I BELIEVE SHE WOULD BE MORE KNOWLEDGEABLE ABOUT, UM, QUESTIONS THAT RELATE TO DOCS AND, UM, HOW THEY'RE REVIEWED FOR, FOR PERMITS AND SO FORTH. 
          OKAY. 
          THANK YOU. 
          UM, SO, UM, IS THAT, BUT IS THAT IT FOR THE CITY'S PRESENTATION, MR. GRAHAM? YES. 
          YES, THAT IS MY PRESENTATION. 
          OKAY, THANK YOU. 
          OKAY, THEN WE'LL HAVE THE APPLICANT IN THE KILL MEAD AND RAQUEL. 
          YOU WILL HAVE SIX MINUTES. 
          THANK YOU, CHAIR. 
          JUST CONFIRMING. 
          I CAN BE HEARD. 
          YES, YOU CAN. 
          YOU ARE. 
          OKAY, GREAT. 
          SO THANK YOU FOR ALLOWING US TO PRESENT THIS CASE. 
          SEE TONIGHT WE GOT INTO THIS SORT OF MESS, UH, REALLY SORT OF AGAINST OUR WILL, UM, THIS PROPERTY, IF WE CAN GO TO THE SLIDE, NUMBER TWO, PLEASE. 
          UM, THIS IS THE OLD PIER PROPERTY, WHICH, YOU KNOW, I HEAR FROM PEOPLE ALL THE TIME, UH, SORT OF ITS HAY DAY PREDATED MEETING AN AUSTIN, BUT I HEAR FROM PEOPLE ALL THE TIME AS MUCH BELOVED. 
          UM, IT WAS, IT HAS BEEN A COMMERCIAL PROPERTY, UH, KIND OF UNIQUE IN BEING A COMMERCIAL PROPERTY ON THE LAKE SINCE ABOUT 1928 AND THE RESTAURANT AND MARINA USE HAS BEEN AT THIS PROPERTY SINCE AT LEAST 1960. 
          UM, WE, THE INFORMATION THAT WE CAN GATHER IS THAT AROUND 1962, 21 BOAT SLIPS WERE CONSTRUCTED ON THIS PROPERTY. 
          AND 19 OF THOSE REMAIN TODAY, IF YOU CAN GO TO THE NEXT SIDE, UM, WE ARE ASKING AS MARK, UH, EXPLAINED FOR THE PROPERTY TO BE REZONED REALLY ONLY BECAUSE THE BOAT SLIPS THAT ARE EXISTING ON THE PROPERTY ARE IN NEED OF REPAIR. 
          IT'S A BIT OF A CATCH 22, AND THAT 
          [00:10:01]
THEY NEED REPAIR. 
          WE WERE CITED BY CODE COMPLIANCE, BUT THEY CAN'T BE REPAIRED BECAUSE THE PRIMARY USE THAT SUPPORTED THEM AS NO LONGER ON THE PROPERTY. 
          SO HERE WE ARE. 
          I'M COMING BEFORE YOU TO ASK TWO DOWNS ZONE, THE CS, ONE ZONING TO CR ZONING, WHICH IS, I WANT TO POINT OUT TO, COMMISSIONER'S PRETTY LOW ON THE HIERARCHY OF COMMERCIAL ZONING. 
          UM, AND REALLY ONLY DO IT'S BELOW LR, I SHOULD SAY, BUT REALLY ONLY DOING THAT SO THAT WE CAN GET THE PROPER PERMITS THAT ARE REQUIRED TO GET THE PROPERTY OUT OF DISREPAIR. 
          UM, THE SITE FOUR, PLEASE. 
          UM, YOU CAN SEE HERE THE OUTLINE OF THE PROPERTY. 
          I DON'T KNOW HOW NEXT SIDE, I DON'T KNOW HOW CLEARLY THAT SHOWS UP FOR YOU ALL, BUT THIS IS AN AREA THAT JUST SHOWS THE BOUNDARY OF THE PROPERTY. 
          AND AS YOU CAN SEE, WE'RE REALLY SPEAKING ABOUT THOSE, THE PORTION OF THE PROPERTY, RIGHT AGAINST THE LAKE SHORE. 
          UH, IF THE, UH, STAFF GETS SQUIRRELED THROUGH THE NEXT FOUR SLIDES, I JUST WANTED TO SHOW SOME PICTURES OF THE SLIPS, UM, FOR ANYONE WHO WASN'T ABLE TO ACTUALLY GO TO THE PROPERTY. 
          SO YOU CAN GET AN IDEA OF WHAT WE'RE TALKING ABOUT. 
          SO OUR CLIENT PURCHASED THIS PROPERTY IN 2007, UM, AND HIS PURCHASE OF THE PROPERTY RESULTED FROM A ZONING PROPOSAL FOR PUD ZONING ON THE PROPERTY TO DO A 200 BOAT MARINA WITH A BOAT MAINTENANCE FACILITY, OUR CLIENT WHO WAS A RESIDENT IN THE AREA AT THE TIME, UH, ALONG SORT OF JOINED FORCES WITH AND BANDIT WITH NOT ONLY THE NEIGHBORHOOD AND THE AREA, BUT ALSO THE WATER DISTRICTS TOO, THAT I THINK YOU'LL HEAR FROM TONIGHT TO, UH, OPPOSE THAT REZONING EVERYBODY, I THINK ACROSS THE BOARD FELT LIKE IT WAS TOO MUCH FOR THE SITE TO HAVE 200 BOATS HERE AND THE MARINA, UM, WE, SO OUR CLIENT IN AN EFFORT TO CREATE A WIN WIN FOR EVERYONE PURCHASED THIS PROPERTY BEFORE IT WENT TO COUNCIL, IT IS OF NOTE THE ZONING AND PLANNING COMMISSION AT THAT TIME ACTUALLY PROVED 144 BOATS ON THIS PROPERTY. 
          UM, BUT IN ORDER TO CREATE SOME CERTAINTY, OUR CLIENT BOUGHT THIS PROPERTY IN 2007 TO STOP THAT PROJECT. 
          IT WAS A WIN WIN FOR EVERYBODY. 
          I THINK EVERYBODY WAS APPRECIATIVE THAT THIS POTENTIAL PROJECT WAS NO LONGER AN ISSUE. 
          SO WE BOUGHT THE PROPERTY REALLY NOT INTENDING TO DO ANYTHING WITH IT IN THE IMMEDIATE FUTURE. 
          HOWEVER, AT THAT TIME IT WAS CLEAR THAT EVERYBODY WOULD LIKE TO SEE THE PEER RESURRECTED IN SOME FORM, UH, ONE DAY, IF THAT WAS POSSIBLE. 
          SO I WANT IT TO BRING THAT UP TO UNDER, FOR THE COMMISSION TO UNDERSTAND WHY WE OWN THE PROPERTY AND WHY WE'VE REALLY NOT DONE ANYTHING WITH IT SINCE. 
          UM, AND SO THEN IN 2019, AS MARK SAID, WE GOT A CALL FROM CODE COMPLIANCE, COMPLIANCE SAYING THAT THE STRUCTURES WERE IN BAD CONDITION. 
          WE RESPONDED TO THAT IMMEDIATELY, UM, INCLUDING SPENDING ABOUT $20,000 TO ERECT A FENCE AROUND THE PROPERTY TO SECURE IT SO THAT PEOPLE COULDN'T COME ONTO THE PROPERTY AND BE INJURED. 
          BUT AS YOU CAN IMAGINE, THERE'S NOT A WAY TO DO THAT WITH THE BOAT FLIPS, UH, THEY'RE EXPOSED THEY'RE ON THE WATER. 
          ANYBODY CAN ACCESS THEM AT ANY TIME. 
          AND SO WE REALLY DO NEED TO REPAIR THEM TO GET TO DO AWAY WITH THE SAFETY CONDITION. 
          SO ALL WE'RE ASKING FOR, UH, COMMISSIONERS IS A REZONING TO ALLOW US TO DO THAT. 
          WE DO NOT WANT TO CREATE ANY DETRIMENTAL IMPACT TO THE WATER DISTRICTS. 
          AND WE DON'T THINK THAT WE WILL, THE WATER DISTRICTS ARE CONCERNED THAT THEY HAVE INTAKE STRUCTURES CLOSER THAN A THOUSAND FEET TO THIS PROPERTY. 
          AND I JUST WANT TO POINT OUT TO THE COMMISSION THAT THIS PROPERTY EXISTED IN EXACTLY THE CONFIGURATION WORK PROPOSING PRIOR TO THE WATER DISTRICTS, PLACING THOSE INTAKE STRUCTURES IN THOSE LOCATIONS. 
          AND SO WE, I THINK WHAT WE HEARD FROM THE DISTRICTS WHEN WE MET WITH THEM WAS THERE WAS A CONCERN THAT THERE MAY RECONSTRUCTING THESE DOCS MAY CREATE A VIOLATION. 
          SO WE DID, I WANT THE COMMISSION TO KNOW, REACH OUT TO TCEQ AND TCEQ, WHICH IS THE REGULATORY AUTHORITY TODAY CONFIRMED THAT IF THE EXCEPTION WAS GRANTED, THE EXCEPTION STICKS, IT DOES NOT GO AWAY. 
          WE CAN REZONE, WE CAN REBUILD. 
          IT IS NOT CHANGED. 
          THE FACT THAT THE DISTRICTS HAVE AN EXCEPTION. 
          SO WE RECEIVE CONFIRMATION FROM TCQ THAT THERE IS NO RISK OF A VIOLATION. 
          SO WE HAVE A SITE PLAN APPLICATION INTO THE CITY, AS MARK SAID, IT CAN NOT BE APPROVED UNTIL THE ZONING IS, UH, IS AMENDED. 
          AND SO WE ARE ASKING FOR THE COMMISSION SUPPORT IN GETTING THE ZONING. 
          WE NEED TO REALLY JUST RESTORE THIS TO WHAT 
          [00:15:01]
IT'S BEEN SINCE THE SIXTIES. 
          AND, UM, I WILL WELL MAIN ON THE LINE TO ANSWER ANY QUESTIONS THAT THE COMMISSION MAY HAVE, BUT I REALLY DO APPRECIATE EVERYONE'S TIME IN CONSIDERING THIS REQUEST. 
          OKAY, THANK YOU. 
          AND THEN MICAH KING, HE WAS TO SPEAK AND YOU WILL HAVE THREE MINUTES. 
          MICAH, ARE YOU THERE? OKAY, THERE WE GO. 
          SORRY, COMMISSIONERS, UH, MICHAEL KING HERE FOR THE APPLICANT. 
          I JUST HAVE TWO SLIDES IF WE CAN GET THOSE PULLED UP AND I'LL GO THROUGH THESE REALLY QUICKLY, THESE HAVE TO DO WITH THE THOUSAND FOOT RULE THAT THE WATER INTAKE DISTRICTS ARE TALKING ABOUT. 
          AND WE HAVE COMMUNICATIONS FROM TQ FROM BACK IN THE PUD ZONING CASE IN 2006, AS WELL AS TODAY, TALKING ABOUT HOW THIS SHOULD NOT BE AN ISSUE. 
          IF YOU COULD GO TO SLIDE TWO FOR ME, PLEASE. 
          SO THIS IS AN EMAIL FROM 2007 IN RELATION TO THE FORMER ZONING CASE IN WHICH THE TCEQ SAID THAT YES, THE TEXAS DEPARTMENT OF HEALTH, THE PREDECESSOR AGENCY TO TCEQ, GRANTED EXCEPTIONS FOR THE CONSTRUCTION OF THOSE WATER INTAKES AND THAT, UM, DESPITE THAT THOUSAND FOOT RULE, AS LONG AS, UM, THERE WAS NO INCREASE TO THE BOAT DOCK, THEY WOULD NOT BE IN VIOLATION OF THE RULE. 
          AND THEN ON THE NEXT SLIDE HAVE COMMUNICATIONS WITH TCEQ TODAY AND THEY CONFIRMED THIS AND SAID THAT IF THERE ARE EXISTING EXCEPTIONS BAN, NO REQUIRED, UH, CHANGES HAVE TO BE MADE BECAUSE THE EXCEPTIONS WERE NOT REVOKED AND THE INTAKE SOME MARINA OR THE SAME USE AND CONFIGURATION THAT THEY ARE TODAY. 
          SO THAT'S ALL I HAVE ABOUT THE THOUSAND FOOT RULE. 
          I WANTED TO QUICKLY TOUCH UPON ENVIRONMENTAL ISSUES. 
          AND THE ATTORNEY FOR THE DISTRICT SENT A LETTER TALKING ABOUT, UM, POTENTIAL INCREASES, UH, TO DISINFECT IT, UM, CHEMICALS THAT HAVE TO DO WITH ORGANIC MATERIALS AND JUST WANTED TO QUICKLY ADDRESS THAT BECAUSE I THINK IT KIND OF SKIPS OVER WHAT ARE EITHER ORGANIC MATERIALS THEY'RE TALKING ABOUT. 
          AND THESE HAVE TO DO THINGS THAT THE CORRINE DRAIN FREAKNESS IS REACTING TO. 
          AND THESE ARE BEINGS LIKE TTH, N A, WHICH COME FROM ENVIRONMENTAL SOURCES, UH, FROM MESSAGING, UM, MOLECULES THAT COME FROM, UH, THE SYNTHESIS OF OTHER CHEMICALS. 
          AND THAT'S A SOLVENT, UM, A THIRD CHEMICAL THAT'S, UH, COMING FROM AIRCRAFT AND SHIP BUILDING INDUSTRIES AND FIRE RESISTANT CHEMICALS, AND THEN A FOURTH, UH,  METHANE, UH, WHICH IS, UH, CAUSED BY THE MANUFACTURER OF REFRIGERANTS AND PESTICIDES AND OTHER CAUSES. 
          SO, UM, WE ALSO LOOKED AT DATA FROM BEFORE AND AFTER THE PIER WAS AN OPERATION. 
          IT SHUT DOWN IN 2005, UH, COMMERCIALLY AND THERE WAS NO INCREASE TO THE, UM, POLLUTANT LEVELS, UH, WHEN YOU COMPARE THE TIME TO READ BEFORE TO AFTER, UM, SEPTEMBER, 2005. 
          AND SO, UM, AND IN FACT FOR THE MUD, FOR INTAKES, THERE AREN'T ANY, UH, UH, POLLUTION, RAW WATER SOURCE POLLUTANTS THE VIOLATIONS BEFORE THEN I'LL SAY ON THE PHONE. 
          THANK YOU. 
          OKAY. 
          THANK YOU. 
          AND THEN, UM, SPEAKING AND OPPOSITION IS GREG GREASON AND MR. GREESON, YOU WILL HAVE THREE, SIX MINUTE. 
          UH, IS IT SIX MINUTES OR THREE MINUTES? HEY, ANDREW, I COMPLETELY FORGOT THREE MINUTES. 
          THREE MINUTES. 
          OKAY, GREAT. 
          THAT'S RIGHT. 
          NO DONATED TIME OR ANYTHING. 
          OKAY, MR. GREESON YOU'LL HAVE THREE MINUTES. 
          ARE YOU THERE? 
          [00:20:09]
HELLO? I'M SORRY. 
          I WASN'T THERE FOR A SECOND. 
          CAN YOU HEAR ME NOW? YES. 
          THANK YOU VERY MUCH. 
          THANK YOU. 
          ALRIGHT, GOOD EVENING COMMISSIONERS. 
          MY NAME IS GREG GRIEF. 
          I LIVE AT 8,001 BEARDSLEY COVE AND THE ETJ AREA OF TRAVIS COUNTY BETWEEN WESTLAKE HILLS AND THE CITY OF BK. 
          AND I APPRECIATE THE OPPORTUNITY TO SPEAK WITH YOU CONCERNING THE APPLICATION TO PARTIALLY REZONED THE PIER PROPERTY ON LAKE I'VE HERE, WE'RE IN THE AUSTIN AREA OFF AND ON. 
          SINCE I WAS SIX YEARS OLD, MY WIFE AND I RETURNED HERE PERMANENTLY IN 1995 AND BUILT THE FAMILY HOME. 
          WE'RE STILL LIVING IN, WE RAISED THREE CHILDREN HERE, UH, WHO ALL GREW UP AND LEFT AND WE WERE TWO EMPTY NESTERS UNTIL JUST RECENTLY, THANKS TO THE PANDEMIC. 
          WE'RE NOW ALL BACK TOGETHER. 
          AND THERE ARE SEVEN OF US UNDER OUR ROOF, INCLUDING A TWO YEAR OLD AND A 12 WEEK OLD BABY BOY. 
          SO FUN TIMES, UH, I'VE SERVED ON THE BOARD OF DIRECTORS OF OUR LOCAL WATER DISTRICT NUMBER 20 FOR ALMOST 15 YEARS AND WAS ELECTED PRESIDENT IN 2019. 
          OUR DISTRICT HAS BEEN PROVIDING DRINKING WATER SINCE THE MID 1980S TO THE NEIGHBORHOODS SURROUNDING OUR WATER TREATMENT PLANT ON WESTERN LANE, WHICH IS JUST A STONE'S THROW FROM THE PURE PROPERTY BEING DISCUSSED TONIGHT. 
          AS NOTED IN SEAN ABBOTT'S AUGUST 11TH LETTER TO YOU, OUR DISTRICT HAS 375 WATER CONNECTIONS. 
          I WANT TO PUT A HUMAN ELEMENT TO THAT NUMBER. 
          THAT MEANS THAT OVER 300 FAMILIES AND A COUPLE OF DOZEN BUSINESSES DEPEND ON OUR DISTRICT AND ITS INFRASTRUCTURE TO SUPPLY THEM WITH CLEAN WATER AND SEAN'S LETTER FURTHER DETAILS. 
          THE REASON BEHIND OUR OPPOSITION TO THE REZONING REQUEST BEFORE YOU THIS EVENING, IF YOU APPROVE THIS AND THE APPLICANT PREVAILS DURING THE ADDITIONAL APPROVAL PROCESSES, THE OWNER OF THE PIER WILL BE PERMITTED TO RESURRECT A DERELICT BOAT DOCK LOCATED ON THEIR PROPERTY. 
          AS SOON AS THAT WORK IS UNDERTAKEN, OUR DISTRICT'S WALL WATER INTAKE IN LAKE AUSTIN WILL BE IN VIOLATION OF TCE TWO'S CURRENT RULE MANDATING THAT MARINA'S BE FURTHER THAN 1000 FEET FROM PUBLIC WATER INTAKES. 
          THAT'S NOT IN QUESTION, A NUMBER OF UNKNOWNS COULD THEN COME INTO PLAY. 
          ALL OF WHICH WOULD NOT BE THE FAULT OF OUR DISTRICT, BUT THESE COULD INCLUDE ENFORCEMENT ACTIONS THAT COULD INTERRUPT SERVICE TO OUR CUSTOMERS, SIGNIFICANT EXPENSES, WHERE WE TO BE FORCED TO RELOCATE OUR WATER INTAKE AND EVEN VIOLATIONS OF FEDERAL AND STATE DRINKING WATER STANDARDS. 
          AND I WANT TO REITERATE THAT WE'RE IN A PANDEMIC AND THIS IS NO TIME TO THREATEN THE WATER SUPPLY OF ANYONE IN WATER DISTRICT 20 FEW. 
          AND ON THE BEHALF OF OUR CUSTOMERS AND NEIGHBORS WHO WE OBSERVED FOR OVER 35 YEARS, ALLOWING THIS TO TAKE PLACE AT THIS TIME WOULD BE UNCONSCIONABLE, BOTH MORALLY AND ENVIRONMENTALLY. 
          THANK YOU FOR YOUR TIME. 
          AND I'M HAPPY TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. 
          THANK YOU VERY MUCH. 
          AND NEXT WE HAVE TERRY BARNES. 
          ARE YOU THERE TERRY BARNES AND YOU WILL ALSO HAVE THREE MINUTES CONFIRM WHEN YOU CAN HEAR ME. 
          YES. 
          THANK YOU. 
          OKAY. 
          YEAH. 
          GOOD EVENING. 
          MY NAME IS TERRY BARNES. 
          I'M A VICE PRESIDENT FOR TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT 20. 
          AND YOU'VE GOT A COUPLE OF LETTERS BEFORE YOU FROM TRAVIS COUNTY MUD, UH, FOUR AND THE TRAVIS COUNTY DISTRICT NUMBER 20 OF AN OPPOSITION TO THE RESULT OF THIS WAS PRETTY MUCH IN RELATION TO THE THOUSAND FOOT RULE. 
          UH, I WAS VERY, VERY INVOLVED IN THE OPPOSITION OF THE PEAR REZONING, UH, 2006, 2007. 
          AND I WORKED WITH NICK EXTENSIVELY, UH, HER AND I ARGUED THE 1000 FOOT RULE AND THE POSSIBLE VIOLATION OF THIS RULE BY A RESTART OF THE PIER AT THAT TIME. 
          AND, UH, THIS TIME, UH, FOR REZONING APPLICATION, IT SEEMS AS IF A RESTART AND A POSSIBLE VIOLATION OF THIS THOUSAND FOOT RULE DOESN'T SEEM TO BE TRUE. 
          SO NOW I'M A LITTLE BIT UNSURE EXACTLY WHAT THE MECHANICS MAY BE OF A RESTART. 
          AND THAT'S HOW I WOULD VIEW THIS AS THE PAYOR PROPERTY HAS NOT BEEN IN OPERATION SINCE 2005. 
          UH, THE ZONING FOR THAT TRACT AT THAT TIME WAS  THAT MARINA USE, WHICH IS MORE THAN THREE BOAT DOCKS. 
          I WAS NONCONFORMING 
          [00:25:01]
UNDER  AND, UH, THAT, UH, USE STOPPED. 
          AND IF YOU'RE STOPPED FOR A CERTAIN PERIOD OF TIME UNDER AUSTIN CITY CODE, THAT USE IS SUPPOSED TO BE CONSIDERED AN ABANDONED AT THAT TIME. 
          SO WE'RE LOOKING AT THIS AS A RESTART OF THE DOCKS, A NEW, AND THAT'S OUR CONCERN WITH THE TCEQ AND THE THOUSAND FOOT RULE THAT ATTACK WITH A THOUSAND FOOT RULE IS MORE THAN JUST NOT ATTEMPT TO KEEP GAS SERVICE AWAY FROM RAW WATER INTAKES AS MANY FOOD FROM THE USE OF THE WORD MARINA, A THOUSAND FOOT RULE, ALSO PROHIBITS MARINA'S TALKS ARE FLOATING FISHING FAIRS ACCESSIBLE BY THE PUBLIC. 
          THIS IS CONSTRUCTED TO HELP DECREASE THE DENSITY OF HUMANS AND THEIR ACTIVITIES THAT GO ALONG WITH THEIR STRUCTURES IN THEIR USES. 
          NOW SERVICE JUST BEING A SMALL PORTION OF IT. 
          THERE'S OIL GARBAGE PUT PARKING'S SEEPAGE, SUPPORTING WASTEWATER HANDLING AND THE LOSS OF CONTROL OF MANY OTHER POSSIBLE POLLUTANTS THAT MAY BE WITHIN THE THOUSAND FOOT. 
          SO WE, YEAH, I HAVE NOT SEEN ANY SUPPORTING SITE PLAN FOR THE BALANCE OF THE TRACK THAT HAS PROPOSED THAT THE KIND OF RECONSTRUCTED MARINA USEFUL SUPPORT. 
          SO I WOULD URGE THAT THIS KIND OF BE A REQUIREMENT. 
          SO REZONING APPROVAL FUNDAMENTAL THOUGH, THAT, UH, JUST RESTART THE MARINA USE THAT'S TOXIC, ACCESSIBLE BY THE PUBLIC AS A PARALLEL TO THE WATER DISTRICT, WATER QUALITY AND MAY SUBJECT AS TO ENFORCEMENT ACTIONS THAT WE HAVEN'T REALLY CLARIFIED. 
          AND THERE IS A LETTER IN YOUR PACKET FROM 2007 THAT BOTH DISTRICTS HAS SUPPLY THAT SAID THE TCQ WOULD FIND US IN VIOLATION. 
          SO WHAT I WOULD URGE THE COMMITTEE TO DENY THE PROPOSED REZONING FOR MARINA. 
          THANK YOU. 
          OKAY. 
          THANK YOU. 
          AND DOUG CONNELLY IS THE NEXT SPEAKER. 
          ARE YOU THERE? DOUG CONNELLY? CAN YOU HEAR ME? YES. 
          THANK YOU. 
          I'M DOUG COLLEEN AND I SERVE AS THE PRESIDENT OF TRAVIS COUNTY MUD FOR OUR DISTRICT OPERATES TWO WATER TREATMENT PLANTS SERVING A TOTAL OF SEVEN UTILITY DISTRICTS IN THE BARTON CREEK AREA, INCLUDING THE BARTON CREEK CLUB. 
          AND THE RESORT DISTRICT ALSO PROVIDES HOST WHOLESALE WATER SERVICE TO TWO ON AFFILIATED DISTRICTS, THE BOTTLED WATER. 
          AND IN FACT, WE'VE TALKED, IT IS, WE KNOW WHERE IT WAS JUST WITHIN THAT THOUSAND FEET OF THE BOAT DOCK. 
          THE DOCKS AT THE, AT THE PIER PROPERTY HAVE NOT BEEN OPERATIONAL FOR 15 YEARS. 
          THE CHAINS ON THE COMMERCIAL, WHATEVER IT IS TO ALLOW EXISTING DOCS TO BE RUN WELL, DOCK OPERATIONS AS A PRIMARY USE. 
          AND THIS IS OUR PROBLEM. 
          IT COULD CAUSE THE TCEQ TO RULE THAT THE DISTRICT GENTILE CAUSE IN VIOLATION, TCEQ REGULATIONS. 
          I'VE HEARD OTHER PEOPLE SPEAK TONIGHT THAT SAYS, THEY'VE TALKED TO TCU. 
          THAT'S NOT A PROBLEM. 
          WELL, THAT'S, THAT'S, THAT'S OKAY FOR TALK, BUT IT'S, THAT'S NOT AN INDEMNIFICATION FOR OUR MUD DISTRICT. 
          THE DISTRICT CANNOT TAKE ANY RISK OF HAVING CONTINUED TO USE RAW WATER IN ITS CURRENT LOCATION. 
          AND THAT'S US THE DISTRICT CAUSE AGAINST THE ZONING CHECK. 
          AND IT'S NOT THAT WE DON'T WALK THE PIER AND WHATEVER THEY WANT TO DO WITH THEIR PROBLEM PROPERTY TO BE SUCCESSFUL. 
          BUT I THINK YOU CAN SEE AT THE SAME TIME, IF ALL OF A SUDDEN, YOU KNOW, WE NEEDED TO ADD ANOTHER PROPER OR WE NEEDED TO DO SOMETHING TOO THAT HAD ANYTHING TO DO WITH OUR EXISTING PERMIT. 
          AND TCU TCEQ CAME UP AND SAID, WELL, YOU YOU'RE WITHIN SO MANY FEET OF THIS DOCK, SO WE CAN'T DO IT. 
          WE, WE JUST CAN'T TAKE THAT CHANCE. 
          AND THAT'S WHY WE'RE OPPOSING THE PROJECT. 
          AND I, AND I WOULD ANSWER ANY QUESTIONS THAT I COULD. 
          OKAY. 
          THANK YOU, MR. CONNOLLY, MATTHEW MCPHAIL. 
          YOU ARE NEXT AND YOU WILL HAVE THREE MINUTES. 
          HI, CAN EVERYONE HEAR ME? YES. 
          HI, MY NAME IS NAT SAIL AND I AM AN ATTORNEY REPRESENTING TRAVIS COUNTY. 
          WCID NUMBER 19, THE WHOLESALE CUSTOMER TRAVIS COUNTY MUD FOR AND RELY SOLELY ON MONTH FOUR AS THE DISTRICT'S SOLE SOURCE OF WATER. 
          I'VE LOOKED OVER THE LETTER, THE COMMISSION BY GREG CRUMMEY, THE ATTORNEY FOR MUD FORE, AND I ECHO HIS CONCERN THAT REZONING THE PROPERTY TO COMMERCIAL RECREATION. 
          [00:30:02]
IT WOULD RAISE SOME SIGNIFICANT HEALTH AND SAFETY CONCERNS, WHICH, YOU KNOW, OVER THE YEARS, UH, THE STANDARD BY THE FEDERAL AND STATE, UM, YOU KNOW, THE DRINKING WATER STANDARDS HAVE JUST THEY'VE INCREASED. 
          SO I THINK ALL THE TALK ABOUT, YOU KNOW, APPROVAL, NEW ORLEANS BACK A LITTLE BIT, UH, YOU KNOW, TRAVIS COUNTY, WCID 19 SHARES THE REGULATORY CONCERNS ABOUT THE THOUSAND FOOT RULE. 
          UM, AND AS A CUSTOMER OF MUD FOR, WE WOULD BE NEGATIVELY IMPACTED. 
          UH, IF THERE WAS A VIOLATION, WE SHARON A LOT OF THEIR COSTS AND WE HAD TO MOVE THE WATER INTAKE OR COMPLY WITH THE TCEQ. 
          UH, OUR DISTRICT WOULD BE NEGATIVELY IMPACTED. 
          UH, ANY QUESTIONS YOU HAVE ARE PROBABLY BEST DIRECTED TO THE MUD FLOOR ATTORNEY, BUT I DO WANT TO MAKE IT CLEAR TO THE COMMISSION THAT I SHARED HIS CONCERNS. 
          THANK YOU. 
          THANK YOU. 
          AND NOW SAUNA HABIT. 
          UM, SEAN ABBOTT, YOU WILL ALSO HAVE THREE MINUTES. 
           GOOD EVENING COMMISSIONER  ID NUMBER 20. 
          UM, AT THE RISK OF BEING A LITTLE BIT DUPLICATIVE HERE, I WILL JUST, UM, TALK A LITTLE BIT MORE ABOUT THE TCQ ENFORCEMENT RULE, THE 1000 FOOT RULE, UM, AS A FEW OTHER, THE WITNESSES HAVE, UM, CAME BEFORE ME TONIGHT. 
          UM, THE FIRST THING I WOULD, UM, BRING UP IS THAT, UM, MS. MEAD REFERRED TO, I THINK, SOME RECENT GUIDANCE THAT THEY HAD RECEIVED FROM THE TCQ SUGGESTING THAT, UM, IF A PROPER VARIANCES WAS GRANTED AT THE TIME, BUT BY WATER INTAKES, UM, WERE INITIALLY PERMITTED THAT THERE WOULD NOT BE ANY, AND THERE WOULDN'T BE ANY REASON FOR ENFORCEMENT AT THIS POINT. 
          UM, I HAVE NOT PERSONALLY SEEN THAT OTHER THAN WHAT WAS JUST ON THE SCREEN IN FRONT OF ME HERE. 
          UM, I, I WOULD LIKE TO DO A LITTLE BIT MORE DUE DILIGENCE ON THAT. 
          I WILL SAY THAT THAT IS CONTRADICTORY TO GUIDANCE THAT WAS ISSUED IN 2007, UH, WHEN REDEVELOPMENT OF THE PEER PROPERTY WAS OTHERWISE CONTEMPLATED, UM, IN THE LETTER THAT WAS, UM, AN EXHIBIT TO THE LETTER THAT THE DISTRICT DIRECTED TO YOU ALL, IT SAYS PRETTY EXPLICITLY THAT THE ENTITY RESPONSIBLE FOR THE INTAKE WILL BE IN VIOLATION OF THE CONDITIONS RULE AND MAY BE SUBJECT TO ENFORCEMENT ACTION. 
          UH, SO AGAIN, THAT'S WHAT WE HAVE IN FRONT OF US. 
          SO THAT'S CERTAINLY BEEN THE BASIS FOR ALL OF OUR CONCERN WITH REGARDS TO THE 1000 FOOT RULE. 
          I WILL ALSO SAY THAT ANECDOTALLY, UM, IT IS MY UNDERSTANDING THAT THE THOUSAND FOOT RULE IS ENFORCED LITTLE BIT MORE STRINGENTLY THAN IT USED TO BE. 
          UM, AND THERE ARE RECENT, THERE ARE SOME OTHER CASES THAT HAVE BEEN CONSIDERED BY THE TCQ, UH, THAT WOULD SUGGEST THAT, UM, STRICT ENFORCEMENT IS MORE LIKELY A POSSIBILITY, UM, THAN WHAT MIGHT HAVE BEEN IN PLACE IN THE EARLY 1980S. 
          UM, I DON'T HAVE A WHOLE LOT ELSE FOR YOU ALL TONIGHT. 
          UH, WE CERTAINLY APPRECIATE YOUR ATTENTION TO THIS MATTER. 
          UM, AGAIN, JUST WANTED TO SORT OF, UM, AGAIN, APOLOGIES FOR BEING DUPLICATIVE HERE, BUT JUST WANTED TO, UH, RESTATE OUR PRIMARY CONCERNS, THOSE BEING WITH THE 1000 FOOT RULE AND BEING SUBJECT TO ENFORCEMENT, UM, AND, AND SOME OF THE COMPLICATIONS THAT A PRISONER RECENTLY DID WELL TO DESCRIBE. 
          THANK YOU. 
          OKAY. 
          THANK YOU. 
          AND THEN FINALLY WE HAVE GREG KRUM AND YOU WILL HAVE THREE MINUTES. 
          CAN YOU HEAR ME? YES. 
          OKAY. 
          HI, MY NAME'S GREG CREAMY, UM, UH, COUNSEL FOR TRAVIS COUNTY MUD, NUMBER FOUR, I'M ALSO COUNSEL FOR THE EIGHT PARTICIPANT DISTRICTS IN BARTON CREEK AT, UH, GET THE WATER FROM THE INTAKE AND I'M NOT GOING RETREAD. 
          UH, WHAT OTHER FOLKS HAVE SPOKEN ON? UM, PRIMARILY OUR CONCERN AS YOU KNOW, IS TCQ COMING BACK AND ALLEGING THAT OUR INTAKE IS IN VIOLATION OF THE 1000 FOOT RULE. 
          UH, WE'RE SPENDING ALL OF OUR MONEY ON, UH, ON THE ZUNI MUSCLES AND DON'T HAVE MONEY TO RELOCATE THE INTAKE, DON'T HAVE MONEY TO, TO MAKE SIGNIFICANT MODIFICATIONS TO THE INTAKE. 
          AND, AND OF COURSE, WHEN WE GO AROUND TO ADD PUMPS OR MAKE CHANGES, UH, WE CAN'T AFFORD FOR THE TCQ TO PUT A HALT ON THOSE BECAUSE OF THE BOTTOM OF A VIOLATION OF THE GUTS OF THE THOUSAND FOOT RULE BACK WHEN THE INTAKE WAS PERMITTED, UM, IN THE EIGHTIES, THE HEALTH DEPARTMENT GRANTED A VARIOUS TO HAVE THIS INTAKE WITHIN 430 FEET OF THE EXISTING, UM, PEER PROPERTY AT THAT TIME, UH, THE BOAT DOCKS WERE NOT A PRIMARY USE. 
          THEY WERE AN ACCESSORY USE TO THE OPERATION OF THE PEER RESTAURANT. 
          AND I THINK THAT'S WHAT THE VARIANCE APPLIED TO MY CONCERN IS THAT IF YOU CHANGE IT FROM AN ACCESSORY USE, UH, TO A PRIMARY USE, THE TCG CAN TAKE THE POSITION THAT, UH, THAT'S OUTSIDE THE PARAMETERS OF THAT VARIANCE 
          [00:35:01]
AND, AND THE INTAKE OF SOUND VIOLATION. 
          UM, THERE MAY BE A WAY TO SKIN THIS CAT AND MAKE IT WORK. 
          UM, IF, IF THE TCQ IS GOING TO TAKE THE POSITION THAT, UH, UH, CONTINUED USE OF THE BOAT DOCK IS A PRIMARY USE OF THE WAY THE APPLICANT HAS, UH, WANTS TO USE IT. 
          AND THEY CAN PUT THAT IN WRITING. 
          AND THAT MAY BE ONE WAY TO GO, BUT I HAVEN'T SEEN THAT IN WRITING, UM, TO DATE. 
          UM, NOPE, PERHAPS THERE'S A WAY TO, TO LIMIT THE USE OF IT. 
          COMPLIES WITH THE PARAMETERS WERE VERY INSPIRED, RESTRICTIVE COVENANT, AND PERHAPS THAT'S, THAT'S ONE WAY TO SOLVE THE PROBLEM. 
          UM, BUT YES, THE VERIFICATION FROM TCT IS ESSENTIALLY A PHONE CALL THAT DOESN'T GIVE US THE COMFORT THAT I THINK WE NEED, UM, W WITH THE, WITH THE INVESTMENT WE HAVE IN THAT, THAT INTAKE. 
          SO I THINK THAT'S, THAT'S, THAT'S WHY WE HAVE TO POSE THIS, UH, REZONING AT THIS POINT. 
          IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO TRY TO ANSWER THEM. 
          LET'S SEE. 
          THANK YOU. 
          AND NOW TELL ME, YOU WILL HAVE THREE MINUTES FOR REBUTTAL. 
          OKAY. 
          JUST CONFIRMING AGAIN. 
          YOU CAN STILL HEAR ME. 
          YES. 
          OKAY. 
          SO THERE ARE SEVERAL THINGS THAT I JUST WANT TO CLARIFY. 
          NUMBER ONE, WE MET WITH BOTH WATER DISTRICTS, UH, LAST MONTH, AND IT WAS DISCUSSED AT THE TIME, WHETHER SOMEBODY SHOULD JUST GO TO TCEQ. 
          I THINK ONE OF THEIR BOARD MEMBERS BROUGHT IT UP. 
          AND SO WE'RE, IT'S, IT'S A LITTLE UPSETTING TO US THAT NOBODY BOTHERED TO DO THAT. 
          WELL, WE DID IT, AND WE'RE NOT TALKING ABOUT A PHONE CALL FROM TCEQ. 
          WE'RE NOT TALKING ABOUT OUR INTERPRETATION OF SOMETHING. 
          TCEQ MAY HAVE SAID ON A PAST CASE, WE ASKED WITH REGARD TO THE SPECIFICS OF THIS CASE, WHETHER THIS WOULD BE A VIOLATION, WE RECEIVED A LETTER BACK FROM TCEQ, WHICH SAYS EXISTING, AND I'M GOING TO READ IT TO YOU. 
          EXISTING EXCEPTIONS DO NOT REQUIRE ANY CHANGES, MEANING CHANGES TO THERE. 
          THE EXCEPTION THAT WAS ALREADY GRANTED BECAUSE THEY WERE NOT REVOKED. 
          AND THE INTAKE AND THE MARINA ARE STILL IN THE SAME PLACES. 
          AND THE MARINA IS NOT BEING EXPANDED. 
          THERE'S NOTHING IN THE TCEQ REGULATIONS ABOUT WHETHER IT'S A CONFORMING USE OR A NONCONFORMING USE, OR WHETHER IT WAS ACCESSORY OR PRIMARY. 
          THAT'S ALL THE CITY OF AUSTIN STUFF. 
          TCEQ DIDN'T HAVE ANYTHING TO DO WITH THAT. 
          AND SO WE, WE DID THE WORK TO GO TO TCEQ, TO RESOLVE THE QUESTION AND GET TCQ CONFIRMATION THAT THIS IS NOT A VIOLATION OF THE 2000 OVER THE 1000 FOOT RULE. 
          I DO WANT TO SAY THAT MR. BARNES SAID IT WAS A NONCONFORMING USE, THAT'S WRONG. 
          IT'S NEVER BEEN A NONCONFORMING USE. 
          IT WAS A, AN ACCESSORY USE TO THE PRIMARY YOUTH. 
          UM, AND WE ALSO HEARD THAT IN 2007, THE TCEQ SENT A LETTER IN CONNECTION WITH THE BOAT BARN CASE, AS IT'S BEEN CALLED SAYING THAT THE DISTRICT'S WITH HIM VIOLATION, THAT IS NOT WHAT SHE SAID IN THAT LETTER. 
          IN FACT, I'M READING THE LETTER, I'M SITTING HERE LOOKING AT IT AND TCEQ, I BELIEVE IT IS. 
          WE SENT IT TO ALL OF YOU ON THE COMMISSION. 
          TCEQ EXPRESSLY SAYS, REBUILDING, THE DOC DOES NOT IMPLICATE THE RULE CITED ANY DIFFERENTLY THAN DOES THE EXISTING DOC. 
          AND SO THE NET NET HERE IS THAT IF THE DISTRICT'S GOT THE EXCEPTION, THEY CLAIM THEY HAVE, THERE'S NO ISSUE. 
          WE ARE NOT ASKING TO RELOCATE EITHER THE INTAKE OR THE MARINA. 
          IF THE DISTRICTS HAVE TO DO REPAIRS TO THEIR INTAKES IN THE FUTURE, IT'S NOT AN ISSUE BECAUSE WE'RE NOT RELOCATING THE INTAKE OR THE MARINA. 
          AND AGAIN, I JUST WANT TO SAY THAT THE PEER WAS HERE BEFORE THE INTAKES, WHERE THE DISTRICTS MADE THE DECISION TO PUT THE INTAKES WHERE THEY ARE. 
          AND SO IT'S A BIT, IT DOESN'T FEEL GOOD TO US THAT NOW THE DISTRICTS ARE SAYING, WE MOVED ON TO CLOSE TO YOU. 
          WE ASKED FOR SPECIAL PERMISSION TO DO THAT. 
          AND NOW WE DON'T WANT YOU TO BE ABLE TO UTILIZE YOUR PROPERTY OR HAVE ACCESS TO THE WATER. 
          I JUST DON'T THINK THAT'S A FAIR WAY TO THINK ABOUT IT. 
          UM, OUR, A FAIR RESULT. 
          AND SO, YOU KNOW, WE ASK THE COMMISSION TO TAKE ACTION ON THIS TONIGHT. 
          WE NEED TO GET OUR PERMITS RESOLVED. 
          UM, AND WE WOULD REALLY HOPE THAT WE DON'T DELAY ANY FURTHER. 
          THANK YOU COMMISSIONERS. 
          OKAY. 
          THANK YOU, NICOLE. 
          AND NOW IT IS TIME FOR A DISCUSSION OR EMOTION OR WHATEVER YOU WANT. 
          GO AHEAD. 
          AND I USE THE, I'M GOING TO GRAB THE, I'M GOING TO GRAB THE BALL AND, UM, GO AHEAD. 
          IT'S NOT, YES. 
          I WANT TO BE THE PRESENTER AND RAISE YOUR HAND ON THE ICON THINGY. 
          IF YOU WANT TO DO IT, I SEE HANK SMITH. 
          I'M GOING TO GO WITH HANK. 
          I MEAN, COMMISSIONER SMITH, YOU CAN CALL ME, I CAN GIVE YOU ONE 
          [00:40:02]
PAGE BECAUSE THE CITY HAS TOLD THEM, YOU HAVE TO REBUILD A PIER, THE BOAT DOCKS, YOU'RE IN A SAFETY ISSUE. 
          YOU HAVE TO COME IN AND FIX THAT. 
          AND WITHOUT CHANGING THE ZONING, THEY CAN'T DO WHAT THE CITY IS TELLING THEM TO DO. 
          UM, I DO THINK THERE'S A WAY TO WORK THIS OUT. 
          I THINK THE WCS AND MUDS NEED TO TALK TO THE TCEQ. 
          I REACHED OUT TO THE TCQ. 
          NOW THE CAPTAIN HAS REACHED, HAS BEEN TALKING TO TCQ. 
          THEY'RE COMFORTABLE WITH WHAT'S GOING ON. 
          SO I THINK BETWEEN NOW AND CITY COUNCIL, THE WC IDS AND MERGE CAN DO THE SAME THING. 
          THEY CAN REACH OUT TO THE CTQ, GET COMFORTABLE. 
          IF THERE'S ADDITIONAL INFORMATION THAT COMES UP THAT CITY COUNCIL, BASED ON WHAT I'M SAYING, I'M COMFORTABLE RIGHT NOW, GOING AHEAD AND APPROVING THIS CONDITION. 
          BUT I DO WANT TO SEE IT. 
          I DON'T KNOW. 
          I DON'T WANT TO RESTRICT IT, COME TO THE SITE PLAN PHASE. 
          I WANT TO, I DON'T WANT TO SEE MORE THAN 20 UNITS AT 20 BOAT DOCK. 
          SO KEEP IT THE SAME SIZE IT IS. 
          NOW. 
          I WOULD SAY, I PLAN TO DO THE FIELD. 
          WE'D LIKE TO SEE MORE STATIONS UP AND DOWN THE LAKE. 
          THEY FEEL IT'S SAFER TO HAVE THE HEALING PATIENTS. 
          I DON'T REALLY WANT TO ADDRESS THAT. 
          WELL, THE THING IS I WANT TO MAKE SURE STAFF IS VERY CAREFUL AT THE SLACKLINE PHASE. 
          I'M SURE THAT'S A GOOD ENVIRONMENTAL INFORMATION. 
          THE OPERATION OF THE BOAT.COM PERIODS IS NOT AN ISSUE, BUT THE CONSTRUCTION CAN BE ISSUED. 
          THERE'S A LOT OF STUFF THAT'S IN THAT SEDIMENT THAT BUT THINK GETS STIRRED UP. 
          IT COULD CAUSE ISSUES DOWNSTREAM WAY TO MITIGATE THAT DURING CONSTRUCTION HAS DONE ALL THE TIME, BUT YOU TO VERY CAREFUL WHEN YOU'RE DOING THE CONSTRUCTION, IF YOU'RE DOING ANY DREDGING LITTLE CONTROLS DURING THAT DRAGGING PROCESS TO PROTECT AND KEEP THAT RED MATERIAL. 
          SO THAT MAKES YOU, IT WILL MAKE YOU LOOK AT THE SIDE PLAN THAT MAKES SURE THOSE HOLES ARE IN PLACE. 
          I'M READY TO. 
          THANKS. 
          THANK YOU. 
          COMMISSIONER SMITH. 
          NEXT IS COMMISSIONER KING AND THEN COMMISSIONER BRAY. 
          THANK YOU, CHAMBER, UH, COMMISSIONER SMITH. 
          I THINK, UH, YOU KNOW, HINTED AT SOMETHING THAT I WAS WONDERING ABOUT, AND THAT IS THE ENVIRONMENTAL COMMISSION, AND I KNOW THIS IS NOT A VARIANCE ASSOCIATED WITH THIS, SO MAYBE THAT'S WHY I DIDN'T GO THERE FIRST AND BEFORE IT CAME TO US. 
          UH, BUT I WOULD BE, IT WOULD HELP BE HELPFUL TO ME TO HAVE SOME EXPERTISE CHIME IN FROM THE CITY STAFF WHERE THE ENVIRONMENTAL AND THE ENVIRONMENTAL COMMISSION HAS THE NOTES I REVIEWED FOR THE BACKUP FOR THIS CASE. 
          DIDN'T, DIDN'T PROVIDE ANY INFORMATION ABOUT ANY ENVIRONMENTAL REVIEW FROM STAFF. 
          SO I'M KIND OF CONCERNED ABOUT THAT. 
          I SHARE COMMISSIONER SMITH'S, YOU KNOW, CONCERNED ABOUT STIRRING UP THOSE, THOSE POTENTIAL CONTAMINANTS AND HOW IT MIGHT AFFECT DOWNSTREAM. 
          SO, GOSH, I'M, I'M KINDA WORRIED ABOUT THAT. 
          UM, I, I WISH I HAD THAT INFORMATION BECAUSE I CERTAINLY DON'T WANT TO VOTE FOR SOMETHING HERE THAT WOULD END UP CAUSING HARM. 
          UH, EVEN THOUGH IT WAS NOT INTENDED TO, AND ON THE OTHER HAND, I DO APPRECIATE THE DOWN'S ZONING HERE ON THIS AND THAT THEY DO HAVE ENTITLEMENTS TO THAT PROPERTY THAT THEY BOUGHT. 
          SO THIS IS A TOUGH CASE FOR ME. 
          UH, BUT I GUESS MY QUESTION IS, UH, DID THE STAFF REVIEW ANY OF THE ENVIRONMENTAL CONCERNS OR, OR, YOU KNOW, PERSPECTIVES ON THIS CASE? COMMISSIONER MARTIN CRAM, THE STAFF, UM, COMING, UH, ENVIRONMENTAL REVIEW WAS CONDUCTED BY ALEX BUTLER. 
          UM, AND IT CONSISTS OF, UH, LET'S SEE, HE'S GOT ABOUT SEVEN POINTS HERE, WHICH, UM, ARE FAIRLY COMMON. 
          UH, HE IDENTIFIES AS IT IS NOT LOCATED OVER THE EDWARDS AQUIFER RECHARGE. 
          SO ZONE, UM, HE SHOWED THE CURRENT WATERSHED REGULATIONS, UH, HOW THEY LIMIT THE PERCENTAGE OF IMPERVIOUS COVERAGE ON THE PROPERTY. 
          UM, HE PROVIDED THE DENSITY OF ONE UNIT PER THREE ACRES IN A SINGLE FAMILY OR DUPLEX DEVELOPMENT. 
          UH, LET'S SEE, FLOODPLAIN COMMENTS, LANDSCAPING, COMMENTS, UM, IDENTIFICATION OF ENVIRONMENTAL FEATURES, SPECIFIC FEATURES. 
          UM, THERE WERE, THERE WERE NO COMMENTS OF, I'M SORRY, MR. SMITH STAFF WITH STAFF THAT I WAS REFERRING TO THE POTENTIAL IMPACT OF, OF, OF RECONSTRUCTING THOSE, THOSE, THOSE, UH, BOAT SLIPS THERE, THE BOAT DOCKS, THEY, THE ENVIRONMENTAL IMPACT OF THAT, THAT ACTIVITY IS WHAT I WAS ASKING ABOUT. 
          WASN'T ADDRESSED BY THE ENVIRONMENTAL REVIEW OR NO. 
          OKAY. 
          OKAY. 
          AND I GUESS THE FINAL QUESTION, SO SOMEONE ELSE WILL HAVE SOME TIME HERE IS THE SITE PLAN FOR THIS APPARENTLY IS HIS STAFF IS REVIEWING THAT RIGHT NOW, OR WOULD THERE BE A SITE PLAN FOR THIS AND IT WILL, THAT SITE PLAN HAVE AN ENVIRONMENTAL 
          [00:45:01]
REVIEW OF THIS, THE IMPACT OF THE REBUILDING OF THIS BOAT, THESE BOAT DOCKS. 
          AND WILL THAT SITE PLAN COME BACK TO ZAP FOR REVIEW? YEAH. 
          THIS QUESTION WAS FROM LAND USE REVIEW. 
          CAN YOU HEAR ME? CAN YOU IDENTIFY YOURSELF AGAIN PLEASE? CLARISSA DAVIDSON LONG INTERVIEW. 
          OKAY, GREAT. 
          THANKS. 
          UM, IN TERMS OF IF THE, A SITE PLAN APPLICATION WILL BE REVIEWED BY AN ENVIRONMENTAL REVIEW, OR IT WILL BE, UM, I I'M UNAWARE IF THE APPLICATION ITSELF, THE SITE PLAN IS SUBMITTED AT THIS TIME, I'VE SPOKEN WITH MIQUEL ON THIS PROJECT FOR, UH, SOME OF MONTHS. 
          NOW WE'VE TALKED ABOUT THE NEED FOR A REZONING TO BE ABLE TO, UM, DO ANY TYPE OF MODIFICATIONS TO THE MARINA AS IT SITS TODAY. 
          UM, IT WILL BE GOING THROUGH THE SITE PHONE PROCESS ALONG WITH THAT IS AN ENVIRONMENTAL REVIEWER. 
          HOWEVER, IT, BECAUSE IT IS A ADMINISTRATIVE SITE PLAN, UM, IT WILL NOT BE, UH, REVIEWED BY THESE ZONING AND PLANNING COMMISSION FOR THE APPROVAL OF A BOAT DOCK AS A WHOLE, IF IN THE ENVIRONMENTAL REVIEWS, UM, LOOK OVER IF THERE'S ANY TYPE OF ENVIRONMENTAL VARIANCE THAT IS NEEDED, IT WILL PROBABLY BE, UM, SHOWN BEFORE IS ZAP. 
          HOWEVER, IN TERMS OF JUST THE SITE PLAN APPROVAL AS A WHOLE, IT WILL NOT BE REVIEWED BY THAT. 
          OKAY. 
          AND, UH, JUST ONE FINAL POINT, I JUST WANT TO MAKE SURE IT'S CLEAR THAT WHEN THE SITE PLAN COMES TO STAFF THERE FOR ADMINISTRATIVE REVIEW, THEIR ADMINISTRATIVE APPROVAL, IT WILL INCLUDE REVIEWING THE IMPACT OF THAT, OF THE RECONSTRUCTION OF THOSE DOCS ON THE WATER QUALITY AS, AND, AND THE POTENTIAL DOWNSTREAM IMPACT IS THAT CORRECT? I CAN'T SPEAK FOR THE EXACT SIZE THAT EXACT SUBJECT MATTER OF WHAT THEY REVIEW. 
          HOWEVER, A WETLAND BIOLOGIST IS GOING TO BE REVIEWING IT WITH MORAL REVIEW IS ALSO GOING TO RE REVIEWING IT. 
          UM, DEPENDING ON IF IT'S IN A FLOOD PLAIN, THEY WILL ALSO BE REVIEWING IT. 
          I PERSONALLY DON'T VIEW THOSE THINGS. 
          SO I CAN'T REALLY PROMISE SOMETHING THAT I'M NOT FAMILIAR WITH. 
          HOWEVER, THERE ARE SEVERAL REVIEWERS THAT ARE REVIEWING ALONG THOSE GUIDELINES. 
          UM, AND I ASSUME WE'LL BE LOOKING AT THOSE ASSETS. 
          THANK YOU, COMMISSIONER BRAY AND COMMISSIONER DANGLER, AND I'LL GO DOWN. 
          OKAY. 
          I HAVE A COUPLE OF QUESTIONS, SO, UM, MIGHT BE INTERESTED FOR PEOPLE TO APOLOGIZE IF THIS GETS CONFUSING AT ALL. 
          UM, BUT I GUESS I'M WONDERING FROM THE MUD REPRESENTATIVES, UH, YOU KNOW, THIS LETTER THAT WE GOT, THEY SAID THE REBUILDING, THE DOCTORS NOT IMPLICATE THE RULE CITED ANY DIFFERENTLY THAN THE EXISTING DOC. 
          WE GOT THAT THIS AFTERNOON. 
          SO I'M WONDERING IF THEY'VE HAD A CHANCE TO LOOK AT THAT. 
          UM, I'M ALSO WONDERING IF THIS KIND OF, YOU KNOW, I'M, I'M NOT FAMILIAR WITH THE LEGAL PROCESSES. 
          I FEEL LIKE I'M LIKE WAITING INTO A LAWYER'S FIGHT THAT I'M NOT EQUIPPED TO HANDLE. 
          UM, IN TERMS OF SOME LEGALITIES OF WHAT KIND OF PRECEDENTS THERE ARE. 
          SO I'M WONDERING IF THERE'S ANY PRECEDENCE WITH OTHER CASES SIMILAR TO THIS, THAT, UM, AND ALSO WHAT CONSTITUTES, LIKE, YOU KNOW, THE CCQ HAS THIS LETTER, IS THAT LIKE, DOES THAT ACTUALLY PROVIDE ANY KIND OF LEGAL PROTECTION IF THE TCQ PROVIDES A LETTER LIKE THIS? OR IS IT JUST SOMETHING THEY'RE SAYING THEY THINK MIGHT BE THE CASE, BUT THEY WOULD HAVE TO GO THROUGH A MORE FORMAL PROCESS TO ACTUALLY DETERMINE IT. 
          YEAH. 
          WHO WOULD BE ABLE TO ANSWER THAT? WHO, UM, WHO WANTS TO TAKE A STAB AT IT? I DON'T KNOW IF I CAN STILL BE HEARD THE APPLICANTS TO THOSE QUESTIONS. 
          YEAH. 
          SO I THINK THE FIRST QUESTION WAS, UH, COMMISSIONER, YOU HAD RECEIVED THAT LETTER EARLIER TODAY. 
          I DON'T THINK ANYONE ON OUR SIDE HAS RECEIVED IT. 
          I HAVEN'T RECEIVED IT, UM, AS TO WHETHER OR NOT THAT LETTER IS GOING TO HAVE PRECEDENTIAL BEST EFFECT FOR ENFORCEMENT GOING FORWARD. 
          UM, I, I WOULD POSIT THAT IT DOESN'T NECESSARILY HAVE THAT PRECEDENTIAL VALUE. 
          UM, I THINK THAT, AND I'M NOT SURE WHICH LETTER NICOLE WAS REFERRING TO, BUT JUST AS A FOR INSTANCE, I THINK WE HAVE MULTIPLE LETTERS FROM 2007 FROM TCQ SUGGESTING DIFFERENT THINGS. 
          UM, WE HAVE ONE LETTER FROM AN ATTORNEY IN THE ENVIRONMENTAL LAW DIVISION THAT WAS ATTACHED TO MY LETTER THAT WE SENT TO YOU ALL, BUT DOES SUGGEST THAT WE COULD BE SUBJECT TO ENFORCEMENT. 
          UM, SO I, I THINK WE WOULD CERTAINLY LIKE TO GET A LOOK AT THE NEW LETTER, UM, AND TRY TO EVALUATE IT FOR WHAT THAT MEANS NOW, WHO WROTE THE LETTER AT TCQ. 
          I BOUGHT, I SAW THAT THAT CAME FROM THE WATER DISTRICTS DIVISION. 
          I, TO BE HONEST WITH YOU AT THE TOP OF MY HEAD, I'M NOT SURE THAT THEY WOULD BE THE ONES DOING THE ENFORCEMENT, BUT AT THE SAME TIME, I HAVEN'T 
          [00:50:01]
SEEN THE LETTER. 
          AND I CERTAINLY WOULD LIKE TO LOOK AT IT A LITTLE BIT CLOSER. 
          AND I'M SURE THE REPRESENTATIVES FROM MUD FOUR WOULD LIKE TO DO THE SAME THING. 
          AND IF I MAY, THIS IS THE APPLICANT. 
          THE LETTER THAT A COMMISSIONER WAS ASKING ABOUT IS THE LETTER FROM 2007, WHICH I BELIEVE THE WATER DISTRICTS QUOTED. 
          AND OUR POINT IN POINTING OUT THAT THE LETTER SAYS REBUILDING, THE DOCS IS NOT IMPLICATE THE RULE CITED ANY DIFFERENTLY THAN DOES THE EXISTING DOC. 
          IS THAT THE PORTION OF THAT LETTER THAT THE DISTRICTS PUT INTO THEIR LETTER TO TALK ABOUT WAS TAKEN COMPLETELY OUT OF CONTEXT. 
          SO IF THIS IS NOT A NEW LETTER, THIS IS A LETTER THAT WAS CIRCULATED IN 2007, AND THAT THEY'VE SEEN MANY TIMES AND IN FACT QUOTED IN THEIR OWN LETTER. 
          THANK YOU. 
          UM, NICOLE, I DON'T DOUBT THAT THERE IS A LARGER LETTER OUT THERE, BUT I HAVE ONE LETTER IN FRONT OF ME. 
          IT HAS THREE PARAGRAPHS. 
          SO THERE MAY BE A LARGER LETTER OUT THERE IF THESE PROVISIONS WERE HANDPICKED FOR ANOTHER LETTER, THAT MIGHT BE THE CASE THAT I HAVE ONE LETTER IN FRONT OF ME FROM 2007 AND COMMISSIONER BRAY. 
          DID YOU HAVE ANOTHER QUESTION OR IF NOT, I'LL GO ON TO COMMIT. 
          UM, I GUESS ANOTHER QUESTION I HAD ABOUT THE PHRASING, UM, I WOULD, I SAID REBUILDING THE DOCTORS NOT IMPLICATE THE RULE CITED ANY DIFFERENTLY THAN JESSE ASSISTING DOC, BUT IT'S IT, THAT SEEMS TO ME LIKE IT'S, THE VIOLATION IS THE SAME, BUT THE EXCEPTION IS LIKE  TALKING SPECIFICALLY ABOUT THE VIOLATION. 
          AND I WAS WONDERING IF THAT WOULD ALSO, THAT WORDING WOULD ALSO APPLY TO THE EXCEPTION, IF THAT MAKES SENSE, NOT JUST THE VIOLATION, CAUSE LIKE BEFORE THERE'LL BE, OTHERS ARE CURRENTLY IN VIOLATION OF THE RULE, JUST BECAUSE THE BOAT DOCK, THE NEW DOCK MAY ALSO CAUSE A PWS IS TO BE IN VIOLATION, RIGHT? SO THIS IS I'M SORRY, I APOLOGIZE. 
          THIS IS NICOLE MEET AGAIN. 
          SO AS TERRY BARNES MENTIONED, I WORKED ON BEHALF OF THE NEIGHBORHOOD WITH RESPECT TO GETTING ALL THESE LETTERS IN 2007. 
          AND THE NET OF ALL THOSE LETTERS IS THAT NONE OF THEM MADE ANY SENSE TO BE TOTALLY HONEST. 
          UM, I AGREE WITH SEAN, WITH MR. ABBOTT, THAT THERE WERE LETTERS, ALL OF THE LETTERS EFFECTIVELY SAID THERE IS NO VIOLATION UNTIL THERE'S SOMETHING BUILT AND WE'LL LOOK AT IT AT THAT TIME. 
          THEY EFFECTIVELY DECLINED TO COMMENT. 
          I'LL JUST SUMMARIZE IT IN THAT WAY. 
          AND SO THAT IS THE REASON WHY WE WENT BACK TO TCEQ PRESENT DAY, TALKING ABOUT THE SPECIFIC PROJECT THAT IS AT ISSUE HERE AND ASK THEM BASED ON A SET OF FACTS THAT DESCRIBE WHAT WE ARE PROPOSING TO DO REQUESTED THAT THEY LOOKED AT IT FOR US AND TELL US WHETHER THE DISTRICTS WOULD BE IN VIOLATION AND YES, THE DISTRICT SHOULD HAVE DONE THAT THEMSELVES. 
          THEY DID NOT. 
          SO WE DID IT AND THE RESPONSE THAT WE GOT BACK, AND IN FACT, WE ROUTED THROUGH LOTS OF PEOPLE AT TCEQ TO GET TO THE RIGHT PERSON AND RESPONSE TO MR. ABBOTT'S CONCERNED ABOUT WHETHER IT WAS THE RIGHT PERSON. 
          UM, WE DID SPEAK WITH SOMEBODY IN THE WATER SUPPLY DIVISION WHO IS PART OF THE TECHNICAL REVIEW TEAM THAT SITE, THESE VIOLATIONS. 
          AND IN FACT, THEY, AND I'LL QUOTE EXISTING EXCEPTIONS DO NOT REQUIRE ANY CHANGES BECAUSE THEY WERE NOT REVOKED. 
          AND THE INTAKE AND THE MARINA ARE STILL IN THE SAME PLACES AND THE MARINA THAT'S US IS NOT BEING EXPANDED. 
          AND SO THAT WAS AN EFFORT TO TRY TO MAKE SOME SENSE OF ALL THOSE LETTERS FROM 2007, AND ASK A POINTED QUESTION WITH THE ACTUAL FACTS AT HAND AND ASK THE TCEQ. 
          IF OUR RECONSTRUCTION OF THAT DOC WAS GOING TO CREATE A VIOLATION SITUATION FOR THE DISTRICTS. 
          AND THEY SAID, IT WILL NOT, OKAY, THIS IS SEAN. 
          I WOULD JUST ADD THAT. 
          I AGREE WITH NATE THAT THE LETTER THAT I'M QUOTING FROM 2007, BUT IT ABSOLUTELY DOES SAY, BUT IT'S MADE SAYS, AND THAT IS THAT THEY DON'T REALLY WANT TO GET INTO A HYPOTHETICAL, COULD BE SUBJECT TO ENFORCEMENT, BUT, YOU KNOW, ONCE THE HYPOTHETICAL BECOMES A REALITY, THEN THEY'LL MAKE THAT CALL. 
          UM, I WILL SAY THAT, YOU KNOW, WE, I THINK WE, I DON'T THINK OUR POSITION CHANGES. 
          WE WOULD LIKE TO SEE THE NEW LETTER AND, YOU KNOW, TAKE A LOOK AT WHAT IT IS, WHAT IT SAYS, WHERE IT CAME FROM. 
          UM, BUT I MEAN, JUST TO, NOT TO BELABOR THE POINT, BUT WE DO HAVE ONE LETTER FROM 2007 SAYING IT COULD BE AN ISSUE. 
          WE MIGHT HAVE ANOTHER LETTER FROM 2012, FROM 2020 THAT SAYS IT'S NOT GOING TO BE AN ISSUE. 
          I JUST WANT TO REITERATE THAT IN 2007, THE CONTEXT AROUND THAT LETTER WAS A 200 DOC EXPANSION EXPANSION OF THE MARINA AND A BOAT MAINTENANCE FACILITY. 
          THAT'S NOT WHAT WE'RE TALKING ABOUT 
          [00:55:01]
TODAY. 
          SO IN A SENSE, THOSE 2007 LETTERS KIND OF DON'T MATTER, WHICH IS WHY WE WENT BACK TO TCEQ WITH THE FACTS THAT ARE AT HAND AND REQUESTED THEIR OPINION. 
          OKAY. 
          TO CLARIFY, I JUST WANT TO CLARIFY REAL QUICK, THAT DATA YOU HAVE NOT SEEN, LIKE THERE'S AN AUGUST 12TH LETTER, UH, THAT PLACE OF NOT SEEING YOU HAD A CHANCE TO REVIEW AUGUST 12TH, 2020 LETTER. 
          THIS IS SHAWN. 
          UH, WE HAVE NOT SEEN THAT LETTER. 
          AND THEN NEXT IS, DID I HEAR SOMEBODY WANTING TO SPEAK COMMISSIONER DANCLER AND THEN COMMISSIONER, UH, VICE CHAIR, BURRELL RAMIREZ. 
          UM, I THINK THE WAY COMMISSIONER BRAY PHRASED IT INITIALLY IS WHAT WE HAVE TO LOOK AT, UM, CAUSE OUR RESPONSIBILITY IN THIS, UM, DEBATING T E C PROCESSES OR THE CITY OF AUSTIN PROCESSES, UM, WHAT WE HAVE BEFORE US IS A ZONING CASE TO SEE USE APPROPRIATE ARE THE SITE DEVELOPMENT STANDARDS APPROPRIATE. 
          AND I'M NOT SURE IT'S AS IMPORTANT TO ME TO SEE, UH, THAT THE APPLIC, UH, THE FOLKS CONTESTING THE CASE, SEE THE LETTER THAT, UM, HUSH BLACKWELL. 
          I HOPE I'M PRONOUNCING THAT RIGHT, UH, DRAFTED TODAY BECAUSE THEIR OWN LETTER, UH, WHICH WE GOT LAST WEEK INDICATED IT MAY BE AN ENFORCEMENT ACTION. 
          I DON'T KNOW THAT WE'LL EVER GET A DEFINITIVE RESPONSE OUT OF, UM, THE STATE AGENCY BECAUSE THEY DON'T HAVE ANYTHING DEFINITIVE IN FRONT OF THEM. 
          SO I'M THINKING THAT COMMISSIONER SMITH REALLY HAS, UM, COME UP WITH KIND OF THE SOLUTION. 
          UM, THE ZONING IS APPROPRIATE. 
          THERE'S A MONTH BETWEEN NOW AND THEN FOR THE TWO ATTORNEYS. 
          AND I WAS KINDA DISAPPOINTED. 
          NOBODY HAD A LIGHT BULB, LAWYER, LIGHT BULB JOKE, BUT, UM, WHICH WOULD HAVE REALLY BEEN GREAT HERE. 
          UM, BUT YOU KNOW, THAT WOULD GIVE THEM TIME TO, UH, SEE IF THERE'S A MEANS TO RESTRICT THE NUMBER OF DOCS, WHICH I UNDERSTAND, UH, LEGAL HAS SAID THAT THEY WOULD NEED TO KNOW HOW MUCH FRONTAGE THERE WAS ON LAKE AUSTIN, UH, TO DETERMINE HOW MANY SLIPS THEY WERE ALLOWED. 
          SO IT MAY BE ABLE TO LIMIT IN A CEO, MAYBE ABLE IN A PUBLIC RESTRICTIVE COVENANT, BUT IF THE TWO PARTIES TO GET TOGETHER, IT WOULD ALSO ALLOW THEM TO SHARE WITH EACH OTHER, WHETHER THE REGULATIONS HAVE CHANGED SIGNIFICANTLY ENOUGH, THAT THE ADDITION OF TWO 20 BOTOX OR LESS IN A HUGE POOL OF WATER WOULD HAVE THE IMPLICATIONS THAT MIGHT CAUSE ENFORCEMENT ACTION. 
          UM, THIS MAY BE WHERE THEY CAN LOOK OVER, UM, WHAT THE REGS ARE AND SEE IF GAS MAY OR MAY NOT BE AN ISSUE. 
          I THINK THE ZONING'S APPROPRIATE. 
          I'M GOING TO MOVE THAT THE REZONING. 
          AND I UNDERSTAND IF FOLKS HAVE QUESTIONS, YOU KNOW, I CAN, I'M CERTAINLY HAPPY TO TABLE IT, BUT I WANT TO MOVE THE REZONING. 
          UM, BECAUSE I DON'T THINK WE CAN, UM, I DON'T WANT TO CREATE LEGAL ISSUES. 
          WE'RE, UH, UH, ALLOW THE APPLICANT TO DEVELOP. 
          UM, SO I'M GOING TO MOVE APPROVAL OF THE RESULT WITH STAFF DIRECTION THAT THE PARTIES MEET TO SEE IF THEY CAN EXCHANGE INFORMATION ABOUT, UM, UH, WATER QUALITY REGS, BOTH FEDERAL AND STATE, UH, WHETHER THERE'S THE POTENTIAL TO LIMIT, TO LIMIT THE NUMBER OF DOCS AS WELL. 
          UM, AND, UM, THAT'S MY MOTION. 
          UH, AND I, MR. T UH, COMMISSIONER KING AND ANSWER THE QUESTION, I THINK THE ENVIRONMENTAL ISSUES AND PERHAPS COMMISSIONER SMITH CAN SPEAK TO THIS, DO COME INTO PLAY AT THE PERMITTING PROCESS, WHICH IS WHERE THEY DO LOOK AT THE DREDGING. 
          UM, BUT THAT'S MY MOTION IF FOLKS, UM, ARE I'LL SECOND, THE MOTION AND CLARIFY THE ENVIRONMENT'S MISSION ROLE LOOK LIKE FOR YOU TO TALK AGAIN. 
          OKAY. 
          [01:00:01]
OKAY. 
          SO MOTION BY COMMISSIONER DANGLER, SECONDED BY COMMISSIONER SMITH. 
          AND I STILL HAD, UM, COMMISSION, A VICE CHAIR FOR REAR RAMIREZ WISHING TO SPEAK. 
          AND ALSO, I, I, I HA I SEE, I SEE, UH, COMMISSIONER DUNKIN WITH HIS HAND RAISED. 
          SO COMMISSIONER OR VICE CHAIR FOR RANGE OF RAMIREZ. 
          YES. 
          AND I'LL BE, I'LL BE REALLY BRIEF. 
          I AGREE WITH COMMISSIONERS SMITH AND DINKLER, AND I THINK, YOU KNOW, IT SOUNDS LIKE THIS ESTABLISHMENT WAS ESTABLISHED BEFORE THESE INTAKE VALVES WENT IN AND AN EXCEPTION WAS GIVEN, AND IT DOESN'T SOUND LIKE THERE'S ANY CHANGE IN THE ACTUAL USE. 
          SO I FEEL LIKE WE SHOULD GRANT THIS, THE ZONING CASE BECAUSE THEY'RE SIMPLY TRYING TO MEND, WHAT'S BROKEN. 
          I DON'T FEEL LIKE WE NEED TO GO BACK AND FORTH OVER, UM, PTQ REGULATIONS. 
          AND IT SOUNDS LIKE, AND THAT'S ALL I HAVE TO SAY. 
          OKAY, THEN I'LL GO TO COMMISSIONER DUNKIN AND THEN COMMISSIONER GEARY. 
          YEAH, YOU TOO. 
          UM, FIRST OF ALL, I HATE TO SPEAK, SOUNDING LIKE THE RESIDENT HISTORIAN. 
          UH, BUT I MAY BE THE ONLY PERSON ON THIS GROUP THAT HAS EVER BEEN THERE. 
          OKAY. 
          UH, I KNOW THE SITE REAL WELL. 
          IT OPENED IN 58. 
          I ARRIVED IN 59 AND QUITE FRANKLY, IT GOT ME THROUGH THE UNIVERSITY OF TEXAS IN TERMS OF MY SHELTER IN PLACE. 
          I'M SERIOUS. 
          I LEARNED TO SKI, THEY HAD THE GREATEST HAMBURGERS. 
          AND WHEN I CAME BACK, UH, I WENT OUT THERE. 
          I JUST REGRET THAT IT'S NOT OPEN. 
          ALL RIGHT. 
          I THINK WE'RE MAKING A MOUNTAIN OUT OF A MOLEHILL. 
          THEY'RE NOT TALKING ABOUT EXPANDING, THEY'RE TALKING ABOUT. 
          AND WHEN I, IT SADDENED ME TO SEE THAT PHOTOGRAPH THAT MICHELLE, SO EARLIER ABOUT THE SLAPS MISSING FROM THE DOCKS. 
          I MEAN, THEY NEED TO HAMMER A FEW OF THOSE BACK. 
          OKAY. 
          AND THAT'S A SAFETY THING. 
          WE SHOULD BE ENCOURAGING THAT THE BUILDING NEEDS TO BE REFURBISHED. 
          UH, THE ONLY THING THAT I MIGHT, AND IT'S NOT EVEN AN ISSUE AND I HATE TO EVEN BRING YOUR LEFT IS I HEARD THAT IN THE SEVENTIES, THEY HAD LOT OF GOOD, LOUD CONCERTS OUT THERE THAT MIGHT UPSET SOME OF THE NEIGHBORS. 
          THAT'S NOT EVEN AN ISSUE, BUT I THINK THAT WE DON'T WANT TO MOVE THIS THING FORWARD. 
          I AGREE WITH MOTION. 
          I WANT A THIRD IT, AND I DON'T THINK WE NEED TO HAVE ANY MORE DISCUSSION. 
          THANK YOU. 
          OKAY. 
          COMMISSIONER GARY, AND THEN COMMISSIONER, THEN QUICK QUESTION INCLUDED PUBLIC COMMISSIONER GENTLER. 
          WOULD YOU ALSO LIKE TO ADD TO THAT, TO CLOSE THE PUBLIC HEARING? GOOD CATCH CATCH UP. 
          UM, YOU KNOW, SHE SHOULD BE THE PARLIAMENTARIAN. 
          I SHOULD BE THE SECRETARY FRANK, YOU KNOW? YES. 
          IT WAS ALSO INCLUDED CLOSING THE PUBLIC HEARING. 
          YES. 
          OKAY. 
          THANKS. 
          AND THEN COMMISSIONER, I'M GONNA TO SOMEBODY COMMISSIONER EVANS. 
          WELL, I WAS GOING TO WEIGH IN ON CLOSING THE PUBLIC HEARING ALSO. 
          AND JIM, YOU'RE NOT THE ONLY ONE THAT WAS OUT THERE. 
          I WAS ALSO THERE 58. 
          OKAY. 
          AND, UM, IF THERE'S ANY OTHER COMMENTS, IF NOT, LET US DO THE VOTE. 
          UM, OH, COMMISSIONERS. 
          YES. 
          LET ME JUST CLARIFY REAL QUICKLY. 
          UM, IF THEY HAVE TO DO ANY DRAGGING, WHICH IS MY BIGGEST CONCERN FOR THE CONSTRUCTION, THEY'LL HAVE TO GET A PERMIT FROM THE CORPS OF ENGINEERS. 
          THEY'LL HAVE TO GO TO THE ENVIRONMENTAL COMMISSION TO GET A VARIANCE AND THAT ENVIRONMENTAL INFORMATION PARENTS WILL COME BEFORE ZAKHO FOR APPROVAL. 
          SO IF THEY DO HAVE THE DREAD, IF LEAD TO MY CONCERN, THERE ARE STEPS. 
          WE'LL BRING THEM BACK BEFORE THIS BOARD IN ORDER TO DO THAT. 
          WE HAVE THAT COVERED. 
          OKAY. 
          THANK YOU SO MUCH. 
          COMMISSIONER SMITH. 
          OKAY. 
          COMMISSION ONE SECOND. 
          I'M SORRY. 
          OF COURSE. 
          THE DAVIS FROM A LADIES REVIEW AGAIN. 
          I JUST WANT TO CLARIFY THAT LAST STATEMENT. 
          UM, IF THEY'RE GOING TO DREDGE, THEY'RE ONLY GOING TO GO BEFORE THAT WITH THE VARIANCE, IF IT'S MORE THAN 25 CUBIC YARDS. 
          SO IF THEY DO ANYTHING LESS THAN THAT, IT'S ADMINISTRATIVELY APPROVED THAT CLARIFICATION. 
          OKAY. 
          THANK YOU. 
           I JUST, I JUST WANTED TO FOLLOW UP WITH WHAT COMMISSIONER DUNKIN SAID THAT FROM LOOKING AT THE PICTURES, WHAT SOMEBODY NEEDED TO DO WAS SIMPLY GO OUT THERE AND NAIL A FEW BOARDS INTO PLACE. 
          THAT'S EXACTLY WHAT THESE PEOPLE WANTED TO DO. 
          HOWEVER, WITH THIS CONVOLUTED PROCESS THAT WE HAVE AS, UH, NICOLE DESCRIBED IT, SO WELL AS CATCH 22, THEY GOT INTO A QUAGMIRE. 
          THAT WAS ABSOLUTELY UNBELIEVABLE. 
          NOT ONLY WAS IT UNBELIEVABLE, THE EXPENSES UNFATHOMABLE TO DATE, THESE PEOPLE ARE, HAVE SPENT RIGHT AT A QUARTER OF A MILLION DOLLARS, 
          [01:05:01]
JUST GETTING THIS DONE BECAUSE SOMEBODY WENT OUT THERE AND SAW THAT IT WAS NEEDED REPAIR. 
          AND THEN THEY GOT CAUGHT IN THIS ENDLESS LOOP THAT YOU CAN'T REPAIR ANYTHING. 
          WELL, YOU HAD TO SPEND EVERYBODY'S TIME HERE THIS EVENING, DISCUSSING SOMETHING THAT'S AS SIMPLE AS WE, OH, NAILING SOME BOARDS BACK INTO PLACE, BUT GETTING IT, GETTING IT BACK INTO OPERATION. 
          AND IT'S JUST UNBELIEVABLE THAT THIS IS WHAT HAPPENS. 
          AND CAN YOU WONDER ABOUT AFFORDABILITY WITHIN THE CITY? YOU TAKE THIS AND YOU LOOK AT IT HAPPENING ON ANY LOT, ANY PROJECT THAT'S GOING ON AND CAN YOU SEE EXACTLY WHAT THESE FOLKS HAVE TO DEAL WITH ON A CONTINUING BASIS? SO YEAH, WE NEED TO MOVE FORWARD. 
          WE NEED TO GO AHEAD AND APPROVE THIS AND LET THE REST OF THAT GET WORKED OUT, BUT THE ZONING'S APPROPRIATE. 
          LET'S GO. 
          THANK YOU, MR. EVANS. 
          AND I WILL NOW SAY ON THE MOTION BY COMMISSIONER DANGLER AND SECONDED BY COMMISSIONER SMITH, UM, TO APPROVE THE STAFF RECOMMENDATION WITH A STAFF DIRECTIVE FOR THE PARTIES. 
          TO ME, I DON'T KNOW IF WE CAN LOOK IN EVERYTHING AND A POTENTIAL FOR LIMITING THE DOCS, ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. 
          UM, AND CLARIFY THE INCOME OF THE TWO. 
          THE PARTIES NEED TO DISCUSS THE REGULATIONS RELATING TO WATER QUALITY AND SEE IF THEY CAN LIMIT THIS LAPSE. 
          UM, AND THAT'S, THAT WAS THE DIRECTION I WANTED TO ENCOURAGE STAFF AND LOOK AT THE DREDGING. 
          OKAY. 
          THANK YOU. 
          AND I SAW IT AS UNANIMOUS, BUT I'LL SAY ANYBODY OPPOSED JUST IN CASE I MISSED SOMEBODY. 
          OKAY. 
          THANK YOU VERY MUCH. 
          AND WE HAD NOT, WE ARE DONE WITH THAT AND THANK YOU FOR EVERYBODY WHO PARTICIPATED AS WELL. 
          SO I WILL PASS. 
          I'VE SPENT MANY NIGHTS THERE. 
          I MISS IT TERRIBLY TERROR TERROR GOING FOR HISTORIC MARINA'S ZONING, BUT IT SEEMS LIKE THERE SHOULD BE AYE. 
          AYE. 
          AYE. 
          AYE. 
          THIS IS A COMMITMENT THING. 
          I JUST WANTED TO SAY THAT I, I, YOU KNOW, I, I COMPLETELY SUPPORT THAT LAST REASONING THAT WE DID. 
          MY ONLY CONCERN WAS UNCERTAINTY ABOUT DRAGGING AND NOW SMITH CLARIFIED THAT FOR ME. 
          THAT, THAT WAS MY ONLY CONCERN THAT I, I REALLY APPRECIATE THE, UH, THE UNANIMOUS SUPPORT FOR THIS CASE. 
          THANK YOU. 
          YEAH. 
          THANK YOU. 
          YEAH. 
          THANK YOU TO COMMISSIONER SMITH. 
          AND NOW WE ARE ON TO 
          [B5. Zoning: C814-2018-0122 - Circuit of the Americas PUD; District 2]
BE FIVE AND, UM, WE WILL PASS THAT OVER TO, UM, THE STAFF PERSON. 
          HEY, IT IS SHERRY SWEETEST. 
          HI SHERRY. 
          HI, GOOD EVENING COMMISSIONER. 
          THIS IS ITEM B FIVE. 
          IS THAT IN CASE EIGHT ONE FOUR, 2018? NO, ONE, TWO, TWO. 
          THIS ARE GOING TO BE AMERICA'S PLANNED UNIT DEVELOPMENT LOCATED AT 92 OH ONE CIRCUIT AS THE AMERICA'S BOULEVARD AND DISTRICT AREA TO THE REQUEST IN THIS CASE IS FROM INTERIM ROLE RESIDENCE TO PLAN UNIT ZONING. 
          THE APPLICANT HAS SUBMITTED A REZONING OR A ZONING REQUEST. 
          THIS IS AN INITIAL ZONING FOR 1,153 ACRE MIXED USE PROJECT GENERALLY LOCATED EAST OF STATE HIGHWAY ONE 30 AND NORTH OF SM EIGHT 12 ON CIRCUIT AMERICA'S BOULEVARD. 
          THE PROPOSED PUD CONSISTS OF A MIXED USE DEVELOPMENT THAT IS COMPRISED OF EIGHT PLANNING AREAS WITH APPROXIMATELY 967 ACRES OF COMMERCIAL SPACE AND HUNDRED AND 86 ACRES OF MIXED USE AREA. 
          THE LAND USE PLAN INCLUDES 298 ACRES OF OPEN SPACE THAT IS DISPERSED THROUGHOUT ACRE AREAS. 
          THREE, FOUR, FIVE, SIX, AND EIGHT ON THE SITE. 
          THE APPLICANT IS PROPOSING. 
          SEE US GENERAL COMMERCIAL SERVICES, DISTRICT ZONING AS THE BASELINES, ANY DISTRICT FOR THE PUD. 
          THE PROPERTY IN QUESTION WAS ANNEXED IN 2012 THROUGH ORDINANCE NUMBER 2012, ONE ONE ZERO EIGHT DASH ZERO TWO SEVEN AND RECEIVED THE INTERIM ROLE RESIDENCE. 
          I, OUR DESIGNATION DECIDED SURROUNDED BY RESIDENTIAL AND COMMERCIAL PROPERTIES WITHIN THE CITY'S ETJ THAT DO NOT HAVE ZONING THAT ARE NOT PART OF THE ACTIVE OR NEAR FUTURE PLANNING NEIGHBORHOOD PLANNING EFFORTS. 
          ALTHOUGH THERE ARE RESIDENTIAL USES WITHIN 540 FEET OF THE PROJECT. 
          THE MAJORITY OF THESE PROPERTIES ARE NOT LOCATED IN THE CITY OF AUSTIN AND WILL NOT BE SUBJECT TO COMPATIBILITY REQUIREMENTS. 
          THE PROPERTY IS LOCATED WITHIN THE DRY CREEK AND MAHA WATERSHEDS, WHICH ARE CLASSIFIED AS SUBURBAN WATERSHED. 
          THE PROPOSED PUD. 
          ISN'T AN AREA THAT INCLUDES A HUNDRED YEAR FLOOD, PLAIN STREAM BUFFERS AND CRITICAL ENVIRONMENTAL FEATURES. 
          THESE FEATURES REPRESENT OPPORTUNITIES FOR EXPANSION RESTORATION AND ENHANCEMENT AS A PD SUPPORT SUPERIORITY ELEMENT DEVELOPMENT ON PORTIONS OF THE PROPERTY MAY 
          [01:10:01]
BE IMPACTED BY FLIPS. 
          ACCORDING TO THE YIELD SHEET FOR THE TIA TO PROPOSED PD MAY INCLUDE UP TO 30 RESIDENTIAL CONDO UNIT 508 UNITS ROOM HOTEL USE A HUNDRED THOUSAND, 20,000 SQUARE FEET OF LIGHT INDUSTRIAL USES I WATERSLIDE PARK AND 11 FIELD SOCCER COMPLEX HUNDRED AND 70,000 SQUARE FOOT INDOOR SPORTS FACILITY. 
          IT'S 20,000 SQUARE FOOT E-SPORTS ARENA. 
          70,000 SQUARE FEET OF MUSEUM USES AND 150,000 SQUARE FEET OF GENERAL OFFICES AND 50,000 SQUARE FEET OF SHOPPING CENTER SLASH RETAIL USES THE APPLICANT WILL BE DEDICATING 11.3 ACRES THREE EIGHT ACRES GROSS ACRES OF, UH, WHICH IS 9.71 NET CREDIT ACRES PARKLAND ON AREA EIGHT AND EIGHT, BUT URBAN TRAIL EASEMENT ALONG AREA FOUR AND 298 ACRES OF OPEN SPACE ON THE PLANNING AREAS THREE, FOUR, FIVE, AND SIX AND EIGHT OF THE PUD. 
          THERE ARE 10 PROPOSED MODIFICATIONS TO THE PUD. 
          AS A QUICK SUMMARY, THERE IS ONE MODIFICATION TO GENERAL REQUIREMENTS, FIVE MODIFICATIONS TO ZONING REQUIREMENTS, ONE TO TRANSPORTATION REQUIREMENTS, TWO TO ENVIRONMENTAL REQUIREMENTS, AND ONE MODIFICATION TO SIGNAGE REGULATIONS IN THE CODE. 
          THESE PROPOSED POST CODE MODIFICATIONS ARE LISTED IN EXHIBIT D IN YOUR BACKUP MATERIAL. 
          SO THE PROPOSED BENEFITS FOR THE PUD ARE AS FOLLOWS. 
          THE PROPOSED PAV MEETS THE APPLICABLE TIER ONE ITEMS AND OFFERS ELEMENTS OF SUPERIORITY AND SEVEN TIER TWO CATEGORIES. 
          THOSE CATEGORIES INCLUDE AFFORDABLE HOUSING PROVIDING FOR FEE IN LIEU DONATION PER 2.5 0.6 DEVELOPMENT BONUS PART PARTICIPATION IN THE ART AND PUBLIC PLACES PROGRAM. 
          THE APPLICANT WILL PROVIDE FOR EITHER FIVE PIECES OF PUBLIC ART AT A MINIMUM BUDGET OF $250,000 OR DONATION TO $250,000 TO THE AIPP PROGRAM, COMMUNITY AMENITIES, DEDICATING LAND, AND CONSTRUCTING COMMUNITY SOCCER FIELDS THAT ARE OPEN TO THE PUBLIC ENVIRONMENTAL WATER QUALITY COMPLYING WITH CURRENT CODES PROVIDE FOR COMPLIANCE WAS COMMERCIAL LANDSCAPE ORDINANCE, WHICH APPLIES TO IRRIGATION, LANDSCAPING AND USE OF INNOVATIVE WATER MANAGEMENT OPTIONS SUCH AS DIRECT STORM WATER TO ONSITE USE PROVIDE FOR AN INTEGRATED PEST MANAGEMENT IPM PLAN WHEN NOT REQUIRED UTILIZING GREEN STORM WATER INFRASTRUCTURE FOR A HUNDRED PERCENT OF THE PROVIDED STORMWATER FOR NEW DEVELOPMENT PROVIDING FOR 14.36 ACRES OF BLACK LAND PRAIRIE RESTORATION, PROVIDING AN ALTERNATE WATER SUPPLY AS A PRIMARY SOURCE FOR IRRIGATION, 400 ADDITIONAL TWO INCH CALPER NATIVE TREES PLANTED BEYOND THE ORIGINAL EXHIBIT, A COMMITMENT SHE PLANTINGS USING CENTRAL TEXAS SEED STOCK THAT IS NATIVE PROPOSING AN IMPERVIOUS COVER LIMITATION AT 68% ON THE OVERALL PUD AREA. 
          THEY WILL COMPLY WITH AT LEAST TWO. 
          SO GREEN BUILDING REQUIREMENTS, PARKLAND AND OPEN SPACE WILL PROVIDE FOR A 10% ABOVE THE MINIMUM PRIVATE AND PUBLIC OPEN SPACE PROVIDE FOR 298 ACRES OF OPEN SPACE, A TOTAL OF A MASS AMOUNT OF OPEN SPACE THAT IS EQUAL TO 26%. 
          AS THE DEVELOPMENT AS A MIX OF USES PROVIDE FOR 20 FOOT EASEMENT FOR A FUTURE URBAN TRAILS MASTER PLAN TIER TWO TRAIL DEDICATE 11.38 ACRES OF GROSS PARKLAND BEYOND THE 7.81 ACRES REQUIRED CONSTRUCT COMMUNITY SOCCER FIELDS THAT ARE OPEN TO THE PUBLIC PRIVATE OPEN SPACE AROUND TRACK HOTEL AND STADIUM AREAS. 
          IT WILL PROVIDE PARKING STRUCTURES FOR COMMERCIAL AND MIXED USE BUILDINGS THAT WILL COMPLY FOR PUBLIC FACILITIES. 
          THEY PROVIDE THE SERVICE EXTENSION REQUESTS ARE CURRENTLY UNDER REVIEW BY THE AUSTIN WATER UTILITY AND ANY ADDITIONAL IN THE UTILITY NEEDS RELATED TO SIZING AND ROUTING WILL BE FINALIZED PRIOR TO THE FORMAL PUD SUBMITTAL PROVIDING FOR PUBLIC COMMUNITY SOCCER FIELDS PROVIDE FOR TRANSPORTATION, A CORPORATE NETWORK OF ROADS, TRAILS AND SIDEWALK CONNECTIONS THAT WILL CONNECT THROUGH THE PROJECT TO EXISTING IMPLANTS FACILITIES PROVIDE PER SHOWER FACILITIES FOR THE OFFICE DEVELOPMENT ON THE SITE. 
          THEREFORE, THE STAFF'S RECOMMENDATION IS TO APPROVE THE CIRCUIT OF THE AMERICAS PLANNED UNIT DEVELOPMENT SUBJECT TO THE FOLLOWING CONDITIONS. 
          ONE CONDITION TO THE PD SHALL BE ESTABLISHED AND THE PROPOSED LAND USE PLAN, WHICH IS EXHIBIT F THE SITE DEVELOPMENT REGULATIONS TABLE, AND THOSE EXHIBIT G ZONINGS YOU SUMMARY TABLE, WHICH IS EXHIBIT F WITH THE ADDITION OF ADULT ORIENTED BUSINESSES AS A PROHIBITED USE, AS AGREED TO BY THE APPLICANT, THE PUD SHALL COMPLY WITH ENVIRONMENTAL STAFF RECOMMENDED REGULATIONS THAT INCLUDE WATER QUALITIES FOR ALL NEW DEVELOPMENT 
          [01:15:01]
SHALL CONSIST OF A HUNDRED PERCENT GREEN STORM WATER INFRASTRUCTURE. 
          IMPERVIOUS COVER IS LIMITED TO 68% ON SITE DEDICATE 11.38 GROSS ACRES OF PARKLAND PROVIDE 298 ACRES OF OPEN SPACE. 
          WE'RE STILL A 14.36 ACRES OF WETLANDS RE PERMIT AND CONSTRUCT US ARMY CORPS OF ENGINEERS CREEK RESTORATION INSTALL 400 NATIVE MINIMUM SIZE, TWO INCH CALIPER AND WATER TREES FOR ESTABLISHMENT PROVIDE 0.8, EIGHT ACRES OF WATER QUALITY TREATMENT TO MITIGATE ASPHALT TRAIL RESTORE VEGETATION ALONG ASPHALT PER EXHIBIT I OR HER EXHIBIT L REQUIREMENTS OUTLINED IN CONDITIONS E S N G AND H. 
          AND I SHALL BE CONSTRUCTED. 
          THE FIRST SITE PLAN REQUIRING A BUILDING PERMIT AND ONLY A SITE PLAN FOR RE RECREATE RECREATION FIELDS ASSOCIATED WITH  SHALL PROCEED. 
          THESE REFINEMENTS, THE DEVELOPMENT OF THE PDD SHALL COMPLY WITH THE CONDITIONS STIPULATED IN THE PARKS AND OPEN SPACE PLAN. 
          THE DEVELOPMENT OF THE PD WILL BE SUBJECT TO THE ATTACHED TIA MEMORANDUM FROM THE AUSTIN TRANSPORTATION DEPARTMENT THAT IS DATED JUNE, 1920 20. 
          THE  SENDING WILL BE SUBJECT TO THE DRAFT LANGUAGE, AGREED TO UPON WITH THE NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT AND HCD DEPARTMENT CONCERNING COMPLIANCE OF AFFORDABLE HOUSING ON THE PROPERTY, WHICH IS NOTE NUMBER FIVE ON THE PUD LAND USE PLAN. 
          THE BASIS FOR THE STAFF'S RECOMMENDATION IS AS FOLLOWS TO PROPOSE PD. 
          SHE CONSISTS TO PROPOSED ZONING. 
          SHE CAN SIT WITH THE PURPOSE STATEMENT OF THE DISTRICT THOUGHT THE PLAN UNIT DEVELOPMENT DISTRICT ZONING IS INTENDED FOR LARGE COMPLEX DEVELOPMENTS UNDER A UNIFIED CONTROL PLAN. 
          AS A SINGLE CONTINUOUS PROJECT. 
          THE PUD IS INTENDED TO ALLOW SINGLE OR MULTIFAMILY MULTI-USE PROJECTS WITHIN BOUNDARIES AND PROVIDES A GREATER DESIGN FLEXIBILITY DEVELOPMENT PROPOSED WITHIN THE PUD USE OF THE PUD DISTRICT SHOULD RESULT IN DEVELOPMENT SUPERIOR TO WHAT THAT, TO THAT, WHICH WOULD BE UNDER CURRENT REGULAR ZONING PUD ZONING IS APPROPRIATE. 
          IF THE DEVELOPMENT ENHANCES PRESERVATION OF THE NATURAL ENVIRONMENT AND COURAGE IS HIGH QUALITY DEVELOPMENT AND INNOVATIVE DESIGN AND ENSURES ADEQUATE PUBLIC FACILITIES AND SERVICES FOR DEVELOPMENT WITHIN THE PUD ZONING CHANGES TO RESULT IN THE BALANCE OF LAND USES PROVIDE AN ORDERLY COMPATIBLE RELATIONSHIP AMONG LAND USES AND INCORPORATE ENVIRONMENTAL PROTECTION MEASURES TO PROPOSE TO YOU THESE AND WILL PERMIT A HIGH QUALITY MIXED USE DEVELOPMENT THAT WILL PROVIDE EMPLOYMENT OPPORTUNITIES IN AN AREA THAT HAS BEEN IDENTIFIED BY THE GROWTH CONCEPT MAP. 
          IN THE IMAGINE AUSTIN COMPREHENSIVE PLAN AS BEING WITHIN A DESIGNATED JOB CENTER, THE STAFF RECOMMENDS PUD ZONING BASED ON THE FOLLOWING FACTORS CONTRIBUTION TO AFFORDABLE HOUSING PARTICIPATION IN ART, IN PUBLIC PLACES, PROGRAM ENVIRONMENTAL SUPERIORITY, DRAINAGE IMPROVEMENT COMPLIANCE WITH AT LEAST TWO SOLID GREEN BUILDING REGULATIONS PROBATION FOR 298 ACRES OF OPEN SPACE, INCLUDING PARKLAND AND COMMUNITY RECREATION AREAS, TRANSPORTATION ROADWAY, AND INTERSECTION IMPROVEMENTS AND UTILITY FACILITY IMPROVEMENTS THAT WILL PROVIDE SUPERIOR DEVELOPMENT AT THIS LOCATION. 
          THE APPLICANT AGREES WITH THE STAFF'S RECOMMENDATION. 
          THIS CASE WAS REVIEWED AND RECOMMENDED BY THE PARKS AND RECREATION BOARD ON MAY 27, 2020, AND BY THE ENVIRONMENTAL COMMISSION ON JUNE 15TH, 2020. 
          AND I'M HERE WITH, ALONG WITH OTHER MEMBERS OF THE STAFF, INCLUDING ENVIRONMENTAL TRANSPORTATION, NEIGHBORHOOD HOUSING AND COMMUNITY DEVELOPMENT, AND THE PARKS AND RECREATION STAFF TO RESPOND TO ANY QUESTIONS THAT YOU MAY HAVE. 
          I FEEL LIKE GIVING YOU A ROUND OF APPLAUSE, SHERRY. 
          THAT WAS GREAT. 
          THANK YOU SO MUCH. 
          THAT IS SURE. 
          A LOT TO COVER IN ONE CASE AND NOW TO GO TO THE SPEAKER SIGN UP AND I BELIEVE, UM, FOR THE APPLICANT IS MICHELLE ROGERSON LYNCH. 
          I JUST LOST MY PIECE OF PAPER. 
          THANK YOU. 
          A CHAIR AND COMMISSIONER MICHELLE LYNN, CAN YOU HEAR ME? YES. 
          AND YOU WILL HAVE SIX MINUTES, RIGHT? THANK YOU. 
          UM, MICHELLE LIST ON BEHALF OF THE CIRCUIT DAY, AMERICA'S PUTT I'M WITH MATT CASTLE, STUART WILLIAMS. I WANT TO THANK THE VARIOUS MEMBERS OF STAFF THAT ARE MANY OF THEM THAT WE'VE WORKED WITH OVER THE LAST TWO YEARS TO COME TO ALL OF THE VOLUMINOUS INFORMATION THAT SHERRY JUST READ. 
          UM, AND I THINK WE'VE GOTTEN TO A BETTER RESULT BECAUSE OF IT. 
          SO THANK YOU. 
          UM, I THINK MY POWERPOINT SHOULD BE UP. 
          SO IF YOU GO TO SLIDE TWO, PLEASE, ONCE YOU IDENTIFY YOU WITH THE AREA HERE EAST OF ONE 30, THIS IS 1100 ACRES SLIDE, THREE PLAINS. 
          THIS IS A CLOSER UP VIEW OF 
          [01:20:01]
THE AREA. 
          YOU CAN SEE THE EXISTING TRACK DEVELOPMENT IN THE MIDDLE. 
          NEXT SLIDE. 
          THIS SLIDE ORIENTS YOU WITH WHERE WE ARE LOCATED. 
          MAJORITY IN THE ETJ. 
          THE SITE IS IN A CITY WITH INTERIM ZONING AND IT DOES HAVE ZONING TO THE NORTH AND NORTHWEST NEXT SLIDE. 
          AGAIN, THE SITE IS ABOUT 1100 ACRES. 
          WE HAVE AN EXISTING RACETRACK AND RELATED FACILITIES FROM THE HISTORY OF IT WAS IN 2011 AT THE SITE PLAN WAS APPROVED IN THE ETJ. 
          THE TRACK WAS DEVELOPED AND COMPLETED AROUND 2012 AND THEN ANNEXED BY THE CITY OF AUSTIN AND GIVEN INTERIM RURAL RESIDENTIAL ZONING. 
          NEXT SLIDE. 
          SO WHY A PUD? UM, WELL THE INTERIM ZONING, AS I MENTIONED ONLY ALLOWS THE EXISTING TRACK USERS. 
          SO WE NEED TO LOOK AT THE PERMANENT ZONING AND IN DOING SO, WE LOOKED AT HEIGHT AS A NEED BECAUSE WE HAVE A TOWER THAT IS EXISTING OVER 200 FEET TALL. 
          AND WE WERE LOOKING AT A PLAN HOTEL, WATER PARK, OVER 60 FEET TALL. 
          AND, UH, THIS WAS THE BEST TOOL TO USE FOR THOSE OBJECTIVES. 
          IT ALSO ALLOWS SOME VARIANCES AND MODIFICATIONS TO THE STANDARD CODE. 
          NEXT SLIDE PLEASE. 
          SO POD VERSUS STANDARD ZONING, YOU'RE FAMILIAR THAT HAS REQUIRED SUPERIORITY AND STANDARD ZONING DOES NOT. 
          AND SO, AS SHERRY MENTIONED, A LOT OF THE THINGS THAT COME OUT OF THIS OR AFFORDABLE HOUSING, GREEN BUILDING, PUBLIC ARTS NEEDED THE AMENITIES, TRANSPORTATION, PARKLAND, AND OPEN SPACE AND ENVIRONMENT IS THE KEY FACTORS. 
          NEXT SLIDE, WE ARE LOOKING FOR A MIXED USE ENTERTAINMENT DISTRICT. 
          SHERRY READ OFF A LOT OF, UH, PROPOSED USES. 
          AND THE TIA GENERALLY JUST, YOU KNOW, CODA IS NOT A DEVELOPER. 
          I JUST WANT TO MAKE THAT CLEAR, BUT THIS OPENS THE DOOR FOR OTHER TYPES OF BUSINESSES TO COME TO THIS AREA SUCH AS HOTELS AND WATER PARKS, OFFICES, CONDOMINIUMS, INDOOR SPORTS FACILITIES, COMMERCIAL RETAIL, FLEX BUSINESS PARKS AND SPORTS FIELDS. 
          NEXT SLIDE. 
          THIS IS THE SLIDE ON THE PUB PLAN. 
          SHERRY MENTIONED THERE WERE EIGHT AREAS AND YOU CAN SEE THOSE HERE. 
          I'LL TALK ABOUT AREA EIGHT WITH REGARD TO PARKLAND. 
          NEXT SLIDE. 
          SO MY PARKING HAS SUPERIORITY PERSPECTIVE. 
          WE WERE REQUIRED BY CODE TO DEDICATE SEVEN ACRES TOTALING ABOUT $224,000 IN C. 
          INSTEAD WE WORKED CLOSELY WITH STAFF TWO INTO PROVIDING 1100, SORRY, 1,111 ACRES OF GROWTH AREA TO THE CITY AND IN LINE WITH THEIR LONG RANGE PLANS, WE HAVE LOOKED AT PUTTING IN TWO REGULATION SOCCER FIELDS THAT WE WILL BE DEVELOPING WITH IRRIGATION PARKING AND ASSOCIATED IMPROVEMENTS, WHICH TOTAL ALMOST $2 MILLION. 
          UM, SO WE ARE IN LINE WITH THE PARKS PLAN. 
          UM, THIS WILL BE DEDICATED TO THE CITY AND OPEN TO THE CITY PARKLAND AND FOR RESIDENTS EVEN OUTSIDE OF THE CITY LIMITS. 
          AND THIS WAS SUPPORTED BY THE PARKS BOARD. 
          NEXT SLIDE. 
          THIS GIVES YOU SOME IDENTIFICATION OF THE PROPOSED PARK THERE AT THE NORTHERN EDGE OF THE PUD, WHICH WAS AREA EIGHT IN RELATIONSHIP TO WHERE OTHER THINGS ARE EXISTING TODAY, THE RACETRACK AND THE AMPHITHEATER TO THE SOUTH. 
          UM, AND THEN AGAIN, THE PROPOSED WATER PARK WOULD BE MORE TO THE WEST AND SOME SURROUNDING PARKS IN THE AREA. 
          NEXT ONE, FROM AN ENVIRONMENTAL PERSPECTIVE, WE ARE AGREEING TO LIMIT IMPERVIOUS COVER. 
          UH, WE'RE DOING A MUST 300 ACRES OF OPEN SPACE AND RESTORING THE, UH, 14 MORE ACRES OF WETLANDS DOING THE A HUNDRED PERCENT GREEN STORM WATER CONTROLS AND PLANTING AN ADDITIONAL 400 NATIVE TREES. 
          AND SO THIS WAS SUPPORTED BY THE ENVIRONMENTAL COMMISSION. 
          NEXT SLIDE, FROM A TRANSPORTATION PERSPECTIVE, WE HAVE AGREED TO ABOUT $5 MILLION FOR PROSE IMPROVEMENTS THAT WILL BE DONE OVER TWO PHASES. 
          THE FIRST PHASE IS ABOUT A MILLION DOLLARS OF ITEMS THAT WILL BE CONSTRUCTED OVER TIME WITH EACH SITE PLAN OF THE SECOND PHASE WILL AMOUNT TO A LITTLE OVER A MILLION DOLLARS OF ITEMS TO BE CONSTRUCTED. 
          UM, AND THEN THERE WILL BE FEES ALONG THE WAY. 
          AND THE SECOND PHASE TOWARDS $2.7 MILLION TOWARDS THE WIDENING OF KELLUM ROAD. 
          UM, THIS IS SEPARATE FROM THE TRAFFIC MANAGEMENT PLANS THAT CODA USES FOR MAJOR EVENTS. 
          NEXT SLIDE FROM A COMMUNITY ENGAGEMENT PERSPECTIVE. 
          WE HAD BEEN SPEAKING WITH BERDAHL FARMS, UM, SINCE 2018, THEY'RE THE NEAREST NEIGHBORHOOD. 
          AND THEN THIS YEAR WE WERE ACQUAINTED WITH THE DEL VALLEY COMMUNITY COALITION WHO SERVES AS AN UMBRELLA GROUP FOR SEVERAL NEIGHBORHOODS IN THE AREA. 
          UM, BOTH OF THESE GROUPS INDICATED A DESIRE FOR SERVICES AND JOBS IN THE AREA. 
          AND AT THIS TIME THEY HAVE NO MAJOR ISSUES AND CONCERNS. 
          NEXT SLIDE. 
          SO IN SUMMARY, THE PET IS NEEDED TO ESTABLISH PERMANENT ZONING AND TO ALLOW FOR THE ADDITIONAL HEIGHT AND THE MINOR CODE MODIFICATIONS THAT SHERRY BROUGHT UP. 
          UH, THIS PART DOES IN TURN REQUIRES SIGNIFICANT COMMUNITY BENEFITS AND SUPERIORITY TO THE BIGGEST ONES, PARKLAND AND OPEN SPACE, ENVIRONMENTAL AND TRANSPORTATION. 
          AND SO IN CLOSING, THE PIPE WILL BRING NEW BUSINESSES, JOBS, AND NEEDED SERVICES TO THE AREA. 
          UM, AND THAT IS SOMETHING A LOT OF PEOPLE HAVE BEEN LOOKING FOR OUT HERE FOR QUITE SOME TIME. 
          I'M HAPPY TO ANSWER ANY QUESTIONS. 
          UM, AND I LOOK FORWARD TO YOUR RECOMMENDATION THIS EVENING. 
          THANK YOU. 
          OKAY. 
          THANK YOU. 
          AND THEN SIGNED UP ALSO TO SPEAK IN FAVOR IS PATRICIA KING AND SHE WILL HAVE THREE MINUTES. 
          PATRICIA, ARE YOU THERE? HELLO EVERYONE. 
          IT'S TIME FOR ME TO SPRUCE. 
          YES, WE CAN. 
          OKAY, GOOD EVENING TO THE COMMISSION CHAIR AND TO THE COMMISSIONER. 
          IT'S GOOD TO SEE YOU ALL AGAIN, A LOT OF Y'ALL KNOW FROM PAST RELATIONSHIPS AND IT'S GOOD TO SEE THAT YOU'RE WELL, 
          [01:25:02]
MY NAME IS PATRICIA KING AND I'M A RESIDENT OF DEL VALLEY COMMUNITY. 
          AND, UM, WE'RE KIND OF DIFFERENT FROM MOST OFTEN NEIGHBORHOODS OR COMMUNITIES, THE SOUTHEAST CRESCENT AND IN ETJ AREA. 
          HOWEVER, WE ARE A PART OF OFTEN STUFF HAS BEEN INCORPORATED BY AUSTIN. 
          SO WE'RE PART OF OFTEN THAT WE'RE OUT THERE IN THE FAR, FAR EAST, SOUTHEAST CLASSES. 
          SO YOU DON'T HAVE ANYTHING. 
          SO WHEN MOST COMMUNITIES HAVE, UH, UH, DENSITY, WE DON'T HAVE DENSITY AND WE DON'T HAVE THE BASIC SERVICES THAT MOST OTHER COMMUNITIES TAKE FOR GRANTED. 
          WE'RE LACKING IN BASIC SERVICES LIKE FOOD SERVICES, ROADS, AND TRANSPORTATION. 
          SO WE FEEL THAT THE PLAN WOULD BELLMONT WOULD BE A SUPPORTER AND ASSIST IN THE CREATION OF THESE MUCH NEEDED BASIC SERVICES. 
          UH, THE PARK WOULD BRING IN FUTURE OWNERS UP THERE. 
          IT'S BEEN MRS. LYNCH THAT I ALREADY TALKED ABOUT PREVIOUSLY THAT THEY'RE NOT THE DEVELOPER, BUT THEY WERE IN MORE BUSINESSES AND THESE BUSINESSES WOULD BE FUTURE STAKEHOLDERS OF OUR COMMUNITY. 
          AND THAT'S WHAT WE NEED. 
          WE NEED STAKEHOLDERS TO GET THE DONE. 
          THE COMMUNITY HAS HAD AN INITIAL MEETING WITH CODA AS MRS. NANCY MENTIONED OUT OF 10, AND THIS WAS LIVE STREAM. 
          SO THE RESIDENT WAS ABLE TO SEE AND BE ABLE TO ASK QUESTIONS ALSO. 
          AND, UH, AN ISSUE CAME UP AS SLEDDING ROAD, CONSTRUCTION, ENVIRONMENTAL CONCERNS, AND PUBLIC INVOLVEMENT WITH EMPHASIS ON EMPLOYMENT. 
          SO THE COMMUNITY HAD A CHANCE TO WEIGH IN AND HAS CLASSES. 
          AND THE END RESULT THAT WE WENT BACK AND DID THE MD GREG, AND THEY WERE FAVORABLE, FLED THIS TO COME INTO OUR AREA. 
          WE HAVE ONE PROJECT DID LEAVE A BITTER TASTE IN THE COMMUNITY MOUTH DUE TO THE FACT THAT IT WAS SIMILAR TO A RAINBOW. 
          IT STARTED OUT WITH THE APPLE ON HIM AND RIDE OVER OUR COMMUNITY'S HEAD AND WENT STRAIGHT TO THE CITY OF AUSTIN AND THE COMMUNITY AND GET ANYTHING. 
          THIS PROJECT WILL BE DEFINITELY, WILL BE DIFFERENT. 
          WE'RE LARGER AND WE BECOME WISER. 
          SO THE COMMUNITY WILL BE INVOLVED. 
          AND WE LOOK FORWARD TO THE INTERACTION WITH THESE NEW BUSINESSES THAT MAY COME IN THAT MAY BE WELCOMED AS PETS AND THEIR VALLEYS GOAL IS TO ESTABLISH RELATIONSHIPS WITH OUR STAKEHOLDERS AND WORK TOGETHER ON PROJECTS THAT WOULD BENEFIT BOTH THE STAKEHOLDERS AND THE COMMUNITY. 
          AND I FEEL THIS DEVELOPMENT WOULD FIT INTO THIS PICTURE. 
          IF YOU VERY WELL KNOW, WE MEET ECONOMIC DRIVERS. 
          WE GOT TESLA AS AN ECONOMIC DRIVER AS AN ECONOMIC DRIVER, AND I FEEL THE COTA PARTS WILL DEFINITELY FIT IN AS ANOTHER ECONOMIC DRIVER SO WE CAN GET THINGS DONE OUT THERE. 
          YOU KNOW, I'M STILL WORKING WITH ACP TRYING TO GET THEM TO DO SOMETHING, BUT LOTS OF THE CROSS. 
          THANK YOU. 
          GOOD, BAD FOR YOU GUYS AGAIN. 
          THANK YOU, PATRICIA. 
          AND NEXT IS BETO TRIBIANO. 
          HI, BETO, ARE YOU THERE VITO WHILE WE'RE MAYBE TRYING TO CATCH VITO TO PIANO? WE COULD GO TO THE NEXT SPEAKER AND FAVOR. 
          DAN HENNESSY. 
          ARE YOU THERE? DAN HENNESSY? I'M HERE. 
          OKAY. 
          WHY DON'T YOU GO AHEAD AND SPEAK AND YOU'LL HAVE THREE MINUTES AND HOPEFULLY MR. TRIBIANO CAN JOIN US LATER. 
          ALL RIGHT. 
          THANK YOU. 
          PERMISSION. 
          UH, UM, DAN WDI, I'M RESPONSIBLE FOR THE CIA AS PART OF THE SIDE AND, UH, JUST CALLING TO LET YOU KNOW THAT I'M HERE AND AVAILABLE TO ANSWER ANY QUESTIONS WITH RESPECT TO THE INFORMATION THAT, UH, MR. RAY JUST WENT OVER EARLIER. 
          SO THANK YOU. 
          THAT WAS QUICK. 
          THANK YOU. 
          AND BETO TRIBIANO ARE YOU THERE YET? AND I WANT TO GIVE HIM A FEW MORE MINUTES OR A FEW MORE MINUTES. 
          UM, IF NOT, THEN WE WILL JUST GO ON TO SPEAKING OPPOSED AND KATHY OLIVE AND YOU WILL HAVE THREE MINUTES, KATHY OLIVE, ARE YOU THERE? CAN YOU HEAR ME? YES. 
          YES WE CAN. 
          YES. 
          OKAY. 
          UM, GOOD EVENING COMMISSIONERS. 
          MY NAME IS KATHY OLIVES 
          [01:30:01]
AND I'M WITH THE ELLROY NEIGHBORHOOD ASSOCIATION. 
          UM, I HOPE YOU WERE GIVEN MY LETTER. 
          WELL, I HAVE A TERRIBLE FEEDBACK. 
          UM, I'VE LIVED IN THIS AREA FOR 40 YEARS AND SOME OF MY NEIGHBORS FOR OVER 50 YEARS, WE KNOW HOW THE WATER FLOWS AND HOW HOMES FLOODED AFTER CODA WAS BUILT THAT NEVER FLOODED BEFORE. 
          IT WAS ORIGINALLY ENGINEERED VERY POORLY. 
          WE'VE LOOKED AT THE SLICK GLOSSY REASONS, RICOTTA ASKING FOR A PUD ZONE. 
          AND AS ONE MEMBER SAID, UM, THE PARK PARTS OF IT LOOKED EERILY SIMILAR TO THE FIRST, UM, ZONING, PUTTING SOCCER FIELDS IN A FLOOD PLAIN NEXT TO DRY CREEK, FAMOUS FOR WASHING EVERYTHING AWAY IN ITS PATH IS FOLLY AS TRAVIS COUNTY MORIA PARK, WHICH BY THE WAY, IS OPEN SEVEN DAYS A WEEK TO THE PUBLIC. 
          AND IT'S NOT A CLOSED PRIVATE RACE TRACK. 
          THERE'S NO SHOPPING CENTER ON A RACE TRACK IN AMERICA FOR A REASON. 
          HOW DO YOU SEPARATE A WOMAN SHOPPING FOR SHOES FROM TICKET HOLDERS GOING TO HER RACE? I DON'T THINK YOU CAN COAT A BOULEVARD IS CLOSED UNLESS IT'S AN EVENT GOING ON. 
          IT'S NOT A PUBLIC ROAD AND IT'S INSULTING TO KEEP DANGLING THE WORD JOBS. 
          WHEN CODY USES LOW BID CONTRACT LABOR PLUS VOLUNTEER LABOR, HAVE YOU DRIVEN OUT TO ELLROY ROAD? I CALLED OTHER HOTELS ON BEN WHITE AND 71. 
          THEY THOUGHT IT WAS SOMEWHERE BETWEEN SURPRISING AND HUMOROUS THAT PEOPLE WOULD DRIVE OUT TO THE COUNTRY FOR A LARGE HOTEL. 
          WENT THERE, NOT EVEN FULL MOST OF THE TIME, THE BROKER MIDDLE WATER PARK, ACCORDING TO THE PAPER HAS HAD A FINANCIAL DIFFICULTY. 
          AND I BELIEVE IT'S GONE BANKRUPT AT LEAST ONE. 
          AND THEY'RE RIGHT ON ONE 30 INSIDE OF A GOOD SIZED TOWN. 
          IN CLOSING, WE HAVE NO IDEA WHY CODE IS ASKING FOR THIS ZONE, BUT WHAT THEY PROPOSE MAKES LITTLE COMMON SENSE AND IT'S WORRYING US. 
          I, IT WILL ALSO CAUSE ADDITIONAL FLOODING DOWNSTREAM FOR TWO SUBDIVISIONS, MORE BUILDING ON DRY CREEK EQUAL TO MORE DOWNSTREAM FLOODING. 
          IT'S INEVITABLE. 
          AND I'D ALSO LIKE FOR YOU TO TAKE THE FLOOD ZONE MAP AND OVERLAY IT WHERE THESE PARKS THAT THEY'RE TALKING ABOUT ARE GOING TO BE THESE PARKS AND OPEN SPACE. 
          IT'S ALL, IT'S ALL IN THE FLOOD ZONE. 
          THANK YOU. 
          OKAY. 
          THANK YOU, KATHY OLIVE, AND THEN LUCAS PAL, ARE YOU THERE? UM, AND YOU WILL HAVE THREE MINUTES, LUCAS PAL. 
          SORRY. 
          CAN EVERYBODY HEAR ME OKAY? YES. 
          GO AHEAD. 
          THANK YOU. 
          YEP. 
          THANKS. 
          YEAH. 
          THANKS TO THE COMMISSIONERS FOR LETTING ME SPEAK TODAY. 
          UH, ALSO SHARE KATHY'S CONCERNS. 
          I THINK THAT, UH, APPROVING A POD FOR CODA IS GOING TO ALLOW FOR SOME EXCEPTIONS TO STANDARD CODING, UM, STANDARD ZONING AS, UH, THE, THE APPLICANT'S MENTIONED. 
          AND I THINK THAT IF THE COMMUNITY IS BEING ASKED TO MAKE EXCEPTIONS TO THOSE STANDARDS, ZONINGS, UH, WE SHOULD ALSO KIND OF BE RETURNED TO THAT FAVOR, RIGHT. 
          UH, AND, AND THE SHAPE OF A PARKLANDS AND SOCCER FIELDS LIKE THEY'RE TALKING ABOUT, BUT, UH, I'M NOT CERTAIN THAT THOSE ARE GOING TO BE PUBLICLY AVAILABLE. 
          AS I MENTIONED. 
          UH, I KNOW I'M ASSUMING HERE, WE'RE ONLY TALKING ABOUT ZONING AND, UH, YOU KNOW, I KNOW THEY HAVE A SITE PLAN KIND OF LAID OUT, BUT, UH, ALL OF THAT STUFF IS COMING IN PHASE TWO. 
          AND AS KATHY MENTIONED, IT'S ALL IN THE FLOOD PLAIN. 
          SO I KIND OF JUST SHOWED THOSE CONCERNS WHERE IF WE'RE BEING MADE, WE'RE BEING ASKED TO MAKE EXCEPTIONS. 
          UH, I THINK THE COMMUNITY SHOULD BE ABLE TO REAP SOME TYPE OF REWARD FROM THAT. 
          AND, UH, I JUST DON'T SEE ON THE COUNTER PROPOSAL. 
          OKAY. 
          THANK YOU. 
          AND THEN I HAD CALLED ON VITO TRIBIANO ARE YOU THERE?  SPEAKING IN FAVOR AND IF NOT, THEN WE WILL JUST GO TO THE APPLICANT. 
          OH, HELLO. 
          RIGHT. 
          THIS IS BEAUTIFUL. 
          SORRY. 
          UH, CAN Y'ALL HEAR ME? YES. 
          IS THIS VIDEO VITO TO PIANO, THEN YOU WILL HAVE THREE MINUTES. 
          OKAY. 
          OKAY. 
          THANK YOU. 
          GOOD EVENING, EVERYONE. 
          MY NAME IS  SPEAKING IN FAVOR OF THE PROJECT I'M JUST AVAILABLE. 
          IF ANYONE HAS ANY QUESTIONS. 
          THANK YOU. 
          OKAY. 
          THANK YOU. 
          AND NOW THE APPLICANT 
          [01:35:01]
HAS THREE MINUTES FOR REBUTTAL. 
          THANK YOU. 
          CAN YOU HEAR? YES. 
          GREAT. 
          UM, I JUST WANT TO RESPECT WHAT I WANT TO THANK PATRICIA KING FOR SPEAKING SO HIGHLY OF THE PROJECT. 
          WE DO APPRECIATE HER. 
          SO HER INVOLVEMENT FOR THE LAST TWO YEARS, UM, WITH REGARD TO THE COMMENTS THAT, UH, MS. OLIVE BROUGHT FORTH, UM, I JUST TRY TO ADDRESS THOSE QUICKLY. 
          UM, THE CODE OF THE LORD IS A PRIVATE ROAD AND IT IS CURRENTLY, UM, LOCKED ON ONE END THERE ELLROY DUE TO COVID. 
          UM, THE TRACK IS NOT OPEN AND HAS NOT BEEN OPENED. 
          AND FOR SAFETY ISSUES THAT IS LOCKED, IT ISN'T OPEN ON THE EIGHT 12 IN THE PARKLAND THAT WE'RE PROPOSING IS OUTSIDE OF THIS AREA. 
          SO IN NO WAY, WOULD IT BE BLOCKED FROM ENTRY IN THE FUTURE WHEN DEDICATED AS PARKLAND OR WHEN THE TRACK IS OPEN, UM, WITH REGARD TO FLOODPLAIN? YES, THERE WERE PROBABLY FLOODING ISSUES IN THE BEGINNING, AND I THINK THAT'S A LOT OF WHAT STEMMED FROM THE ATLAS 14 ORDINANCE THAT WAS PASSED RECENTLY. 
          UH, WE ARE ADHERING TO THE ATLAS 14 ORDINANCE. 
          WE ARE ADHERING TO THE A HUNDRED YEAR FLOOD, PLAIN. 
          WE HAVE NOT REQUESTED ANY DEVELOPMENT BE ALLOWED IN THE FLOOD, PLAIN AT ALL. 
          UM, WITH REGARD TO, UM, DISCUSSIONS ABOUT HOTELS AND THE VALIDITY OF THAT. 
          AGAIN, CODA IS NOT A DEVELOPER. 
          THEY ARE JUST SIMPLY LAYING THE GROUNDWORK FOR THE PERMANENT ZONING TO ALLOW THE USE OF SUCH AS A HOTEL TO COME IN. 
          AND THE IDEA IS THAT THEY WOULD ATTRACT MULTIPLE TYPES OF USERS WHO MIGHT BE USING THE TRACK THAT ALSO NEED A PLACE TO STAY, UM, WITH REGARD TO SHOP AGAIN, SHOPPING CENTERS AND OTHER USES, AGAIN, THIS IS JUST SETTING THE GROUNDWORK FOR THOSE THINGS TO COME, UM, SHOULD THEY COME AND THEY WOULD HAVE TO BE PERMITTED APPROPRIATELY. 
          UM, LET'S SEE, UH, JOBS FROM A JOBS PERSPECTIVE. 
          AGAIN, I, I CAN'T SAY IT ENOUGH. 
          WE NEED PERMANENT ZONING AND THE PERMANENT ZONING BRINGS THE OPPORTUNITY FOR OTHER DEVELOPMENTS WHO COME, WHO WOULD EMPLOY PEOPLE IN THE AREA. 
          SO THEY WOULD NOT HAVE TO DRIVE FURTHER TO THEIR JOBS. 
          UM, CODA HAS DONE A VERY GOOD JOB IN THE LAST SEVERAL YEARS OF BEING THE SINGLE LARGEST EMPLOYER FOR THE DEL VALLEY HIGH SCHOOL STUDENTS THROUGH ALL OF THEIR EVENTS. 
          JUST AS AN EXAMPLE. 
          UM, I THINK THAT, UM, AGAIN, I'M JUST LOOKING TO ESTABLISH PERMANENT ZONING, WOULD THIS, UH, WE'RE DOING THE BEST WE CAN WITH COMMUNICATING WITH ALL OF THE INTERESTED PARTIES. 
          I WOULD LOVE TO SPEAK WITH MS. OLIVER, UM, AGAIN, BEFORE COUNCIL, IF I COULD AND GIVE HER SOME MORE BACKGROUND IN DETAIL. 
          UM, AND THAT IS ALL I HAVE TO SAY. 
          IF YOU HAVE ANY QUESTIONS AGAIN, I'M HERE FOR YOU TO ASK QUESTIONS. 
          OKAY. 
          THANK YOU. 
          AND NOW IS THERE A MOTION TO CLOSE THE PUBLIC HEARING? OKAY. 
          MOTION BY COMMISSIONER DUNCAN AND SECONDED BY COMMISSIONER DANGLER. 
          ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. 
          AND NOW I'M GOING TO GO TO THE, WHO HAS THEIR HANDS RAISED UP ON THE LITTLE ICON THING AND I WILL GO TO VICE-CHAIR BERRERA RAMIREZ. 
          HUH? I HAD IT. 
          I'M SORRY. 
          I HAD AN APP WAS THE LAST TIME I DIDN'T PUT MY HAND DOWN. 
          APOLOGIES. 
          OKAY. 
          UM, COMMISSIONER, UM, I'LL GO TO COMMISSIONER DANCLER AND THEN COMMISSIONER DUNCAN. 
          OKAY. 
          EXCUSE ME. 
          I AM TRYING TO GET THE LITTLE THING ON MY PICTURE. 
          NOT REALIZING IT'S THE WRONG PLACE TO GET IT, BUT FIRST OF ALL, I WAS FILLING OUT THIS CHANGE. 
          I DON'T KNOW HOW MANY OF YOU KNOW, BUT TO USE ONE OF OUR SUPER SOON AS WAS FOUND IN THE SOUTHEASTERN, GLAD TO SEE THAT SHE HAD TURNED DOWN ON DISPLAY FOR CHANGE. 
          I WILL SAY SOMETHING, SOMETHING YOU MAY NOT KNOW. 
          SHE IS OUR RESIDENT. 
          THAT'S PART OF ALLIGATORS AND FOOD STORAGE. 
          SHE THINKS WE'VE GOT TOO MUCH OF THE FIRST AND NOT ENOUGH OF THE SECOND. 
          SO ANYHOW, MY ONLY COMMENT ON THIS PAGE IS THAT IT'S AN EXAMPLE THAT I'VE TALKED ABOUT BEFORE WE USED THE, I R OUR DISTRICT WAY TOO MUCH. 
          I WAS NOT AWARE OF THAT. 
          TOYOTA HAD BEEN TELLING THEM THAT, BECAUSE THAT WAS ABOUT THE APPROPRIATE ZONING. 
          AT THE TIME, IT WAS FIRST DEVELOPED. 
          THE PUB SELLING ME WOULD HAVE BEEN THE PERFECT TONING, AND NOW WE'RE GETTING A RAP TO IT. 
          WHAT, 10 YEARS LATER. 
          SO IN TERMS OF THE PROCESS, I THINK WITHOUT CALLING OUT, I'M CERTAINLY IN DEFERMENT. 
          THE ONLY OTHER THING I'VE HEARD FROM SOME OF THE PEOPLE THAT KIND OF CAUGHT MY ATTENTION. 
          SOMEBODY SAID THAT WHAT PLAGUES WERE NOT GOOD PLACES FOR SOCCER FIELDS, THERE'S A PLATTER. 
          THAT'S WHERE YOU PUT A SOCCER FIELD. 
          SO I'M NOT TOO DISTURBED BY THAT. 
          AND I THINK ANOTHER GENTLEMEN WAS CONCERNED THAT MAYBE SOME OF THE PARKLAND WAS NOT GOING TO BE PUBLICLY REAL. 
          IT HAS TO BE, IT'S A PART OF THE DEDICATED PROCESS AND ALL OF THESE, UH, YOU KNOW, RECREATIONAL FACILITIES WILL BE OPEN TO EVERYBODY. 
          SO THAT'S ALL I'VE GOT 
          [01:40:01]
TO ADD TO THIS. 
          I'M PRETTY MUCH A . 
          THANK YOU. 
          OKAY. 
          THEN I WILL GO TO COMMISSIONER SMITH. 
          OKAY. 
          I'LL KEEP THIS BRIEF. 
          I THINK THIS WAS AN EXCELLENT BACKUP. 
          I THINK THE ENVIRONMENTAL COMMISSION DID YEOMAN'S WORK PUTTING TOGETHER THEIR PROPOSAL. 
          THE PARK BOARD DID A GREAT JOB AS WELL. 
          UM, I THINK I AGREE WITH WHAT CAN MAKE THERE'S NOTHING JUST SAID THE CITY HAS GOT TO QUIT IS ONLY THINGS THAT ARE MORE ARE AND BRING THEM INTO THE CITY. 
          IT'S RIDICULOUS. 
          THEY NEED TO DO THEIR WORK AND BRING THEM IN WITH THE APPROPRIATE ZONING. 
          UM, GUESS WHAT THIS TRIBE NEEDED. 
          IT NEEDS SOMETHING BESIDES INTERIM ZONING HAS BEEN THERE LONG ENOUGH, AND WE NEED TO SEE DEVELOPMENTS TAKE PLACE AROUND IT. 
          AND IT'S NOT THE PRAC AND THE DEVELOPMENT IS GOING TO BE OTHER DEVELOPERS COMING IN, BUYING THE LAND, DEVELOPING, UM, A GREAT BACKUP STAFF, DID A GREAT JOB PUTTING ALL OF THIS TOGETHER, AND I WANT TO REALLY APPLAUD THEM FOR THEIR EFFORTS. 
          OKAY. 
          THEN DO YOU, AND THEN I'M GOING TO GO, UM, COMMISSIONER GEARY. 
          OKAY. 
          I'M JUST DOUBLE CHECKING. 
          UM, I DID THAT HERE AND MAYBE I MISSED IT. 
          UM, PLAN, UM, MR. WAITRESS WAS READING TO THE READING THE INFORMATION, THERE'S AN ADDITIONAL CONDITION. 
          THAT'S THE CITY UNDER THE PHARMACY CONDITIONS THAT IT STATES THE APPLICANT WILL HIRE A CERTIFIED ARBORIST TO OVERSEE THE MAINTENANCE OF, UM, THE PLANET TREES FOR THREE YEARS. 
          SO I WANTED TO MAKE SURE THAT THAT WAS PART OF THE RECORD. 
          AND THEN I HAD ONE OTHER COMMENTS I'M JUST DOUBLE CHECKING. 
          I'M GUESSING A STAFF WILL ANSWER THAT. 
          OR THE APPLICANT POINT OF INFORMATION. 
          UM, COMMISSIONER GARY, ARE YOU ASKING IF THAT IS PART OF STAFF RECOMMENDATION? OKAY. 
          GOTCHA. 
          IT'S LISTED WELL, THERE'S A STAFF RECOMMENDATION, BUT IN THE REPORT THAT WE GOT FROM THE ENVIRONMENTAL COMMISSION, THAT GOD, I NEED THE SEPARATE CONDITION FOR THE ENVIRONMENTAL COMMISSION. 
          SO THAT'S AN ADDED PIECE OF, UH, OTHER THAN JUST THE STAFF. 
          SO SHERRY, CAN YOU ANSWER? YES, GARY? YES. 
          THAT WAS ACTUALLY AN ADDITIONAL RECOMMENDATION FROM THE ENVIRONMENTAL COMMISSION. 
          IT WAS NOT PART OF THE STAFF'S RECOMMENDATION, BUT IF YOU WOULD LIKE TO INCORPORATE IT INTO YOUR RECOMMENDATION AS THE ZONING AND PLANNING COMMISSION, YOU COULD DO THAT AS WELL. 
          OKAY. 
          OKAY. 
          THANK YOU. 
          AND THEN I HAD ONE OTHER QUESTION IS WHERE WAS IT? WHERE WAS THERE AN AGREEMENT TO MAKE SURE THAT THERE WOULD NOT BE, WOULD ADULT ORIENTED BUSINESSES BE PROHIBITED? SO WHENEVER I'M SURE THAT YES, AS I NOTED WHEN I WAS READING IT, THE STAFF'S RECOMMENDATION THAT HAS BEEN ADDED AND WILL BE ADDED TO THE ZONING USE SUMMARY TABLE, WHICH IS EXHIBIT PROHIBIT ADULT ORIENTED BUSINESSES. 
          GREAT. 
          THANK YOU. 
          AND I ALSO CONCUR WITH COMMISSIONER DENTON. 
          I'M SEEING THAT DECAF PATTERN FLOOD, THE LOWER ONION CREEK AREA. 
          SOME OF THOSE AREAS THAT HAVE BEEN FLOODED ARE NOW PARKLAND AND ARE, UM, SOCCER FIELDS. 
          AND THAT THOSE ARE THE SAFEST TYPE OF USES FOR, UH, AREAS THAT ARE COMMONLY FLOODING. 
          AND I ALSO HAD A, YOU KNOW, ANOTHER RECOMMENDATION AND THIS IS TIED INTO SOME OF THE QUESTIONS THAT I HAD. 
          UM, AND THIS WAS JUST FROM EXPERIENCE FROM, UM, OUR AREA THAT GETS FLOODED. 
          AND I AM VERY SENSITIVE TO THAT. 
          AND OF COURSE, BEING FAMILIAR WITH SOUTHEAST TRAVIS COUNTY, AND IT'S AN ONGOING ISSUE, STRONGLY ENCOURAGE THAT IN THE FEATURE IN REGARDS TO PUBLIC SAFETY, THAT YOU UTILIZE A WATERSHED PROTECTION TO INCORPORATE A NUMBER OF SYSTEM IN MAKE SURE THAT THERE'S SOME, UM, PLANS TO MAKE SURE THAT A FUTURE RESIDENTS, FUTURE OCCUPANTS THAT ARE PEOPLE THAT ARE ENJOYING THE AIR, THE FACILITIES THAT ARE PROVIDED AS PART OF THIS PERIOD ARE KEPT SAFE. 
          AND I KNOW WATERSHED IS THE BEST RELIABLE RESOURCE TO ALERT FIRST RESPONDERS TO DO THAT. 
          SO JUST ENCOURAGED THAT. 
          SO I WAS ALSO VERY PLEASED WITH, UH, COLLABORATION AND ALSO APPRECIATE, UM, MISKIW ALSO COMING AND SPEAKING TO THE COMMISSION. 
          UH, I STARTED TO VALUE HER OPINION. 
          THANK YOU. 
          THANK YOU. 
          AND I'M GOING DOWN THE LIST OF PEOPLE WITH THEIR HANDS RAISED TIMOTHY COMMISSIONER BRAY. 
          YEAH, I WAS WONDERING, I WAS, I WAS TRYING TO FIGURE OUT IF THERE'S ANY RESIDENTIAL IN THE DISTRICT. 
          I WAS NOTICING THAT THERE WAS SOME PERMITTED RESIDENTIAL UNITS IS AN AREA TOO, UM, THAT AREN'T PERMITTED IN ANY OF THE OTHER AREAS. 
          THIS IS MICHELLE LYNCH. 
          CAN YOU HEAR ME? YES. 
          PARDON? OH, YES. 
          COMMISSIONER BRAY. 
          UM, WE WERE ORIGINALLY LOOKING AT, UM, SOME, UH, CONDO CONDOMINIUM DEVELOPMENT SORT OF SHORT TERM RENTALS WITHIN THE TRACK. 
          UM, I THINK THERE WAS SOME CONCERNS 
          [01:45:01]
WITH HAVING TOO MUCH RESIDENTIAL OUT THERE NEAR A TRACK AND THE LOUD NOISES, BUT THESE WOULD BE, UH, SOMETHING MORE IN LINE WITH, UM, A SECOND HOME OR SOMEONE WHO JUST GOES IN FOR RACE DAYS, NOT PERMANENT RESIDENTS. 
          SO WHILE WE STILL WANT TO BE INCLUSIVE AND ALLOW FOR RESIDENTIAL, UM, WE HAD TO PINPOINT WHERE THAT WAS, UM, IN THOSE AREAS. 
          YEAH, I, YEAH, I WOULD JUST MAKE A GENERAL COMMENT. 
          LIKE I WOULD LIKE TO SEE MORE RESIDENTIAL MIXED IN WITH THIS TYPE OF THING. 
          UM, YOU KNOW, OBVIOUSLY, YOU KNOW, FOR SOME PEOPLE THAT WOULD BE PROBLEMATIC WITH THE RACETRACK, BUT IF THEY CHOSE TO LIVE NEAR RECZEK, YOU KNOW, WE COULD, WE COULD USE MORE HOUSING. 
          WE COULD USE FOR HOUSING, LIKE MIXED IN WITH JOBS WITH MIXED USE. 
          SO WE'RE A LITTLE DISAPPOINTED. 
          THERE'S NOT, MAYBE SEE MORE RESIDENTIAL EXTENT, BUT, UM, OVERALL IT SEEMS LIKE, OKAY THEN, UH, COMMISSIONER KING. 
          YES. 
          THANK YOU. 
          UM, AND, UM, I HAD A COUPLE OF W ONE THING THAT I SAW IN THE BACKUP FOR THIS WEEK, WHICH I THOUGHT WAS VERY INTERESTING. 
          I HADN'T SEEN IT BEFORE IS THE CARBON IMPACT ANALYSIS. 
          THAT WAS VERY GOOD. 
          I, I REALLY APPRECIATE THAT. 
          AND SO STAFF THANK YOU FOR INCLUDING THAT. 
          AND, UH, AND AS YOU MIGHT EXPECT IN THIS PARTICULAR TYPE OF BUSINESS, THE CARBON IMPACT IS NOT, NOT REALLY GOOD, YOU KNOW, SO NOT SURPRISING, UH, I DON'T WANT TO BEAT UP ON IT, BUT IT WAS A PRETTY LOW SCORE THERE. 
          UH, UH, BUT MY POINT HERE IS THAT GIVEN THAT IT IS, IT DOES HAVE A NATURALLY HAS SUCH A, UH, CARBON CARBON IMPACT A NEGATIVE CARBON IMPACT. 
          I WONDER IF WE COULD INCREASE THE, FROM A TWO STAR GREEN BUILDING TO A THREE STAR GREEN BUILDING TO HELP ME IN SOME MITIGATE TO TRY TO OFFSET BY HAVING A, YOU KNOW, IN SOME WAYS THE, THIS, UH, THIS CARBON IMPACT. 
          AND SO THAT, THAT WOULD BE MY QUESTION TO THE APPLICANT. 
          WOULD THAT BE SOMETHING THAT YOU WOULD BE WILLING TO CONSIDER COMMISSIONER KING? THIS IS MICHELLE LYNCH. 
          WE DID PASS THAT AROUND ORIGINALLY, BUT THERE IS A JUMP BETWEEN THOSE TWO, UM, CODA DOES HAVE OTHER STRINGENT MEASURES THEY HAVE TO MEET BECAUSE OF THE ORIGINAL AGREEMENTS WITH THE STATE AND WITH THE CITY COUNCIL. 
          UM, AND SO, UM, I'M SORRY, I WON'T BE ABLE TO AGREE TO THAT. 
          OKAY. 
          UM, AND YOU KNOW, I THINK THERE WAS A QUESTION, UH, I THINK, UH, UH, MS. KING ALSO, UH, I APPRECIATE HEARING FROM HER AND RESPECT HER PERSPECTIVE VERY MUCH. 
          AND, UH, YOU KNOW, I KNOW THAT, UH, THIS IS VERY IMPORTANT TO THE COMMUNITIES IN SOUTHEAST AUSTIN. 
          SO I THINK THAT SHOULD BE A PRIORITY IN TERMS OF THE COMMUNITY BENEFITS THAT THIS PROVIDES. 
          IT SHOULD BE FOCUSED ON THAT COMMUNITY, THE COMMUNITIES IN SOUTHEAST AUSTIN. 
          AND, UH, YOU KNOW, I KNOW IT'S GOING TO BRING BROADER BENEFITS TO THE REST OF THE CITY IN OTHER WAYS, BUT SO I'M, I'M, I'M JUST WONDERING WHAT CAN BE DONE TO HELP GET, UM, YOU KNOW, MORE, UH, MORE GROCERY STORES AROUND THERE. 
          THAT'S ONE OF THE THINGS THAT CONCERNS THAT I'VE HEARD ABOUT IS LACKING LIKE HEB. 
          IS THERE A, IS THERE SOME WAY TO PARTNER WITH HEB TO PROVIDE SOME WAY SOME, SOME, UH, UH, GROCERY THERE FOR THE LOCAL COMMUNITIES? AGAIN, THIS IS MICHELLE LYNCH. 
          I ACTUALLY WORKED ON THE VELOCITY CROSSING, UM, PROJECTS THAT MS. KING MENTIONED THAT IS ON THE OTHER SIDE OF ONE 30, AND THAT IS WHERE HEB HAS PLANTING THEIR FLAG. 
          UM, SO I DON'T THINK THEY WOULD BE DOING THAT QUITE SO SOON IN THIS, THIS LOCATION, BUT AGAIN, IT'S, IT'S A PERMITTED USE ALLOWED IN OUR CHARTS. 
          SO, UH, SO THAT, SO IT SOUNDS LIKE THEY'RE AGB IS GOING TO BE LOCATING NEARBY. 
          IS THAT, IS THAT CORRECT? HEB HAS PURCHASED LAND IN THE VELOCITY CROSSING DEVELOPMENT. 
          YES, THAT IS CORRECT. 
          SO, SO, AND, AND ROUGHLY, SO THAT'S NEARBY THIS FACILITY, I'M NOT REALLY FAMILIAR WITH VELOCITY PROJECT, CORRECT. 
          IT WAS A PDA, A PLAN DEVELOPMENT AGREEMENT THAT WENT THROUGH A FEW YEARS AGO. 
          AGAIN, JUST ON THE OTHER SIDE OF ONE 35 BEFORE WE GET TO ONE 30, QUITE FRANKLY, I THINK IT'S THE SOUTHEAST CORNER. 
          OKAY. 
          OKAY, GREAT. 
          THAT'S REALLY GOOD. 
          THAT'S HELPFUL. 
          AND I, AND I WOULD PRESUME THAT THIS PUB, ONCE IT GETS GOING, COULD HELP, HELP FACILITATE THAT. 
          THE OTHER, THE OTHER ONE THING I WONDER ABOUT IS, UH, YOU KNOW, THERE WAS A COMMENT ABOUT AFFORDABLE SPACE FOR INDEPENDENT RETAILERS AND SMALL RESTAURANT BUSINESSES, UH, YOU KNOW, SUPPORT SOME, YOU KNOW, PUDS WILL, UH, THAT THAT COULD BE A COMMUNITY BENEFIT TO REACH OUT INTO THE COMMUNITY AND SAY, WE WILL, WE WILL HELP PROVIDE AFFORDABLE SPACE FOR AN INDEPENDENT RETAILER OR A SMALL RESTAURANT BUSINESS IN, IN, UH, IN, I'M SAYING IN THE SOUTHEASTERN AREA THERE, WHERE IS THAT SOMETHING THAT YOU'D BE WILLING TO CONSIDER? UM, THEY DO HAVE, I GUESS, IF YOU WANT TO CONSIDER, YOU KNOW, MOBILE FOOD VENDORS AND SUCH OUT THERE THAT COME ON A REGULAR BASIS TO MANY OF THE EVENTS AS SMALL BUSINESSES THAT ARE, UM, I GUESS WE DID AGAIN, TALK A LITTLE BIT ABOUT THAT AND DIDN'T QUITE KNOW HOW TO IMPLEMENT THAT. 
          OKAY. 
          SO I THINK THAT WOULD BE HELPFUL TO EITHER EITHER, YOU KNOW, WHAT I'M INTERPRETING AS EITHER PROVIDE THAT A SPACE ONSITE THERE IN THE PUB, 
          [01:50:01]
OR TO PROVIDE FUNDING FOR SOME SPACE ELSEWHERE IN, IN, IN THE COMMUNITIES THERE AND NEARBY COMMUNITIES FOR INDEPENDENT RETAILER IN SMALL RETAIL RESTAURANT BUSINESS. 
          I THINK THAT WOULD BE HELPFUL. 
          I'M JUST TRYING TO FOCUS ON COMMUNITY BENEFITS THAT WILL HELP, YOU KNOW, THESE ARE OUR OPPORTUNITIES. 
          AND I REALLY APPRECIATE THAT WE'VE GOT THIS WORKING, YOU KNOW, THROUGH THE PROCESS HERE SO THAT WE CAN, YOU KNOW, WE CAN, WE CAN ALL BENEFIT FROM THIS. 
          THAT'S REALLY, WHAT I'M TRYING TO DO IS HELP US MAKE SURE THAT THE COMMUNITIES CAN BENEFIT AS WELL. 
          UM, AND I GUESS MY LAST COMMENT IS GOING TO BE ON AFFORDABLE HOUSING. 
          I'M JUST, IT JUST, UM, IT'S, I'M UNCOMFORTABLE WITH, AT THIS POINT SAYING, YOU KNOW, HAVING RESPONSES THAT WILL BE CALCULATED LATER ON IN THE PROCESS. 
          AND, AND, AND I UNDERSTAND THAT, BUT, YOU KNOW, I CAN JUST REFER TO A, THE TACO PUD IN MY NEIGHBORHOOD, WHICH HAS LESS THAN ONE ACRE, AND THEY AGREED TO PROVIDE SEVEN, $3.7 MILLION FOR AFFORDABLE HOUSING. 
          AND IN THE, IN THE NEIGHBORHOOD, THEY'RE $3.7 MILLION FOR INCOME RESTRICTED HOUSING. 
          AND SO THAT WAS A ONE LESS THAN ONE ACRE PUD. 
          THIS IS, THIS IS OVER WHAT A 13, 1500 ACRE PUD. 
          AND I KNOW YOU CAN'T MEASURE THEM JUST BY ITS SIZE, BUT TO ME, I WOULD EXPECT A LOT OF AFFORDABLE HOUSING TO BE PROVIDED BY THIS. 
          CAN YOU GIVE ANY, WOULD YOU BE WILLING TO SAY THE, THE HIGHER UP $10 MILLION FOR AFFORDABLE HOUSING OR THE FEE IN LIEU CALCULATED BY NACD LATER ON IN THE PROCESS? YES. 
          COMMISSIONER KING, THE AFFORDABILITY IS CALCULATED BASED ON THE NUMBER OF BUILDINGS THAT EXCEED THE BASELINE OF 60 FEET. 
          AND SO THAT COULD BE MULTIPLE BUILDINGS. 
          SO WE DON'T KNOW, YOU KNOW, THAT NUMBER COULD BE AS LARGE AS YOU'RE THINKING OR EVEN LARGER THAN THE TACO PUD, BUT THAT'S JUST UNKNOWN AT THIS TIME UNTIL WE GET THOSE DEVELOPMENTS IN. 
          BUT THAT'S WHY IS ONE OF THE MODIFICATIONS WE ASKED FOR WAS TO ALLOW CERTAIN AREAS IN THE PUTT TO HAVE GREATER HEIGHTS. 
          SO WHEN, IF WHEN, AND IF THOSE TYPES OF DEVELOPMENTS COME IN, THOSE METRICS WILL BE CALCULATED AS THEY ARE OTHER DENSITY BONUS PROGRAMS TO GET TO THOSE DOLLARS. 
          OKAY. 
          WELL, HE'S, YOU CAN SELL, I'M TRYING TO CHAT. 
          I'M TRYING TO CHEER FOR A LOT OF AFFORDABLE HOUSING, UH, IN THE, FROM THIS PROJECT IN THE LAST THING I'LL SAY, AND I'LL END IS I, WOULD I SUPPORT COMMISSIONER, UH, GETTY'S UH, UH, POINT ABOUT ADDING THIS ENVIRONMENTAL CONDITION CONDITION THAT THE APPLICANT WILL HIRE A CERTIFIED ARBORIST TO OVERSEE THE MAINTENANCE OF THE PLANET TREES FOR THREE YEARS. 
          UM, AND THAT INCLUDES WATERING, PRUNING, MULCHING, ET CETERA. 
          SO I SUPPORT HER, HER, UH, ADDITION OF THAT AND, AND THAT'S EVERYTHING I HAVE ON MY LIST. 
          THANK YOU. 
          OKAY, THEN THANK YOU. 
          AND THEN COMMISSIONER DENTLER, AND THEN COMMISSIONER GARY LEGIT. 
          I'M NOT A FAN OF PETS. 
          UM, IT'S CUSTOMIZED ZONING. 
          IT TAKES A LOT OF STAFF TIME AND THE IDEAS IT'S GONNA BRING MORE, UH, DENSE USES. 
          AND I'VE, IT'S NOT ALWAYS BEEN THE CASE THAT THE COMMUNITY BENEFITS HAVE BEEN WORTH THE INVESTMENT OF STAFF TIME AND THE LIE, BUT WHAT MAKES THIS DIFFERENT IS, AND I HAVE TO ADMIT, I, I DIDN'T PULL OVER IT THE WAY I USUALLY DID DO, BUT WHAT I WAS SEEING IS COMMUNITY BENEFITS THAT WERE SUBSTANTIAL. 
          WE DIDN'T JUST THE APPLICANT, DIDN'T JUST TAKE THE LOW HANGING FRUIT. 
          UM, ALMOST EVERYONE COMES IN WITH AN INTEGRATED PEST MANAGEMENT PLAN, BUT THIS WAS A PROPOSAL WHERE WE WERE USING RECLAIM WATER. 
          WE WERE RESTORING MUCH MORE OF THE VEGETATION. 
          WE WERE A HUNDRED PERCENT GREEN INFRASTRUCTURE, ADDITIONAL PLANNINGS FROM A TRANSPORTATION PERSPECTIVE. 
          I WAS SEEING MORE THAN I WOULD EXPECT. 
          AND PRO-RATA IN COMMUNITY BENEFITS FOR THE DEVALLE AREA. 
          CAUSE THAT WAS THE AREA THAT IS GOING TO BE MOST IMPACTED BY TRAFFIC. 
          AND I WAS NOT A FAN OF F1 COMING IN AND, YOU KNOW, DUMPING THE WHOLE ISSUE ON THE COMMUNITY WITHOUT ANY COMMUNITY INVOLVEMENT. 
          UM, I FRANKLY THINK THAT THEY'VE DONE A GOOD JOB MIXING IN OTHER BENEFITS, UM, WITH THIS LITTLE AMOUNT OF HOUSING. 
          AND I SHARE COMMISSIONER BRAISE CONCERN BECAUSE YOU USUALLY, I LIKE TO THINK OF A PET IS INCLUDING RESIDENTIAL IN THE MIX OF USES, BUT HAVING BEEN THROUGH LOTS OF THESE, IT'S NOT A REQUIREMENT. 
          AND SO FOR THEM TO ALSO ADDRESS AFFORDABLE HOUSING IN THE MIX, I THOUGHT WAS SUBSTANTIAL. 
          [01:55:01]
UM, I THINK WE GOT A GOOD POD. 
          I WOULD LIKE TO ASK THE APPLICANT VERY OFTEN. 
          UH, ONE OF THE OTHER ADDITIONAL BENEFITS THAT I SAW IS THE REDUCTION AND IMPERVIOUS COVER FROM CS TO DO 68% IMPERVIOUS COVER IS HUGE, BUT IT'S REAL EASY FOR THE STAFF TO LOSE TRACK OF THAT. 
          WHEN YOU COME IN WITH SITE PLANS, UM, CONTINUALLY AND BARRY, I WAS HOPING WE COULD DO AN AMENDMENT TO DO, LIKE WE HAVE DONE IN OTHER PUDS WAS TO PUT A TABLE ON THE LAND USE PLAN WHERE IT TRACKS THE IMPERVIOUS COVER FOR EACH SECTION. 
          AND IF SHE'S AMENABLE TO THAT, THAT WOULD BE AN AMENDMENT I WOULD OFFER, UM, AND APPROVING THE, UH, POD. 
          I, BUT I DON'T WANT TO GET AHEAD OF ANYONE IF THEY HAVE ANY QUESTIONS ON THIS, UM, COMMISSIONER DANCLER, WE'RE ALL FOR WHATEVER THE EASIEST WAY IS TO TRACK IMPERVIOUS COVER. 
          WE'VE GONE DOWN THAT ROAD BEFORE IN MULTIPLE DEVELOPMENTS, THEN IT'S A PROBLEMATIC ISSUE. 
          UM, I DON'T KNOW. 
          I THINK EIGHTH IS PHILLIPS WITH ENVIRONMENTAL IS ON, OR MAYBE CHRIS HARRINGTON, THE CITY'S ENVIRONMENTAL OFFICER. 
          I DON'T KNOW IF YOU WANT TO SPEAK TO THAT OR HOW WE INTEND TO TRACK THINGS, BUT I WOULD DEFER TO THEM, HI, COMMISSIONER DECLARED. 
          THIS IS WITH THE OFFICER'S OFFICE AND, UH, YEAH, TRACKING IMPERVIOUS COVER IS SOMETHING WE TYPICALLY DO WITH THE PUD. 
          AND IT'S, YOU KNOW, IT'S NOT FOREIGN TO US. 
          IT'S DIFFICULT OF COURSE, BUT IT IS SOMETHING THAT WE OFTEN DO WITH THESE LARGE DEVELOPMENTS. 
          OKAY. 
          THANK YOU. 
          AND THEN, UM, COMMISSIONER DANCLER ARE YOU DONE? OKAY THEN I'M FINE WITH IT. 
          OKAY. 
          ARE YOU MAKING A MOTION AND AN AMENDMENT? WELL, I THINK THERE ARE ADDITIONAL QUESTIONS AND I NEVER WANT TO HURRY ANYBODY ON A POD BECAUSE IT'S CUSTOMIZED ZONING. 
          IT'S ALL ABOUT DETAILS. 
          SO I'LL DEFER ON MAKING MOTION INTO A CONTEST FOR QUESTIONS. 
          OKAY. 
          AND THEN A COMMISSIONER SMITH AND THEN COMMISSIONER GARY. 
          THANK YOU, MR. KING. 
          THANK YOU. 
          I WAS GOING TO MAKE A MOTION, BUT I WILL TAKE ANN'S LEAD IN THE FIRST AND AFTER YOU HEAR FROM DAVID AND DO WHAT THEY HAVE TO SAY IN IT LIKE A MOTION. 
          OKAY. 
          CAN COMMISSIONER JUST TO HAVE BASICALLY A COMIC, I KNOW, CAUSE THIS IS GOING TO BE ADDRESSED THAT SIDE PLAN. 
          AND I JUST WANT TO ENCOURAGE THE APPLICANT TO ENSURE THAT THE WASTEWATER SPECIFICALLY WOULD NOT BE PUT ALONG THE CREEK. 
          I'M GOING TO BE VERY IMPORTANT. 
          UM, THIS IS MUCH CLOSER TO THE COLORADO RIVER, SO I HOPE THEY'RE AMENABLE TO THAT. 
          AND I KNOW IT'S A SEGMENT THING, NOT SOMETHING HERE. 
          YES. 
          MA'AM THIS IS MICHELLE LYNCH. 
          WE WILL WORK WITH STAFF ON. 
          I KNOW THEY DISCOURAGED THAT, SO WE WILL WORK WITH THOSE LINES. 
          OKAY. 
          THANK YOU. 
          AND THEN COMMISSIONER KING. 
          YES. 
          JUST FOLLOWING UP ON, UM, COMMISSIONER, DINKLER HIS POINT ABOUT IMPERVIOUS COVER IN, UH, YOU KNOW, I LOOKED AT THE MAP AND I JUST NEEDED A CLARIFICATION FROM STAFF. 
          I KNOW THE, YOU KNOW, I REALLY APPRECIATE THE REDUCTION IN PERVIOUS COVER TWO FROM CS THERE, THE MAX, BUT AS, AS I UNDERSTAND, UH, THE, THE IMPERVIOUS COVER LIMITS FOR DRY CREEK EAST IS THE, THE CHART. 
          I APPRECIATE THAT CHART, BUT WHEN IT SHOWED THE IMPERVIOUS COVER IN EACH OF THOSE EIGHT SECTIONS OF THE, OF THE, OF THE SITE, AND THEN IT SHOWS THIS DIFFERENT IMPERVIOUS COVER LIMITS, BUT IT DIDN'T SHOW IT FOR THE WATERSHED. 
          AND SO I JUST, THAT'S MY QUESTION IS WHEN WE, THAT CHART THAT COMMISSIONER DINKER WAS REFERRING TO, UH, YOU KNOW, I THINK IT WOULD BE IMPORTANT TO THAT TABLE TO HAVE, UM, I KNOW YOU, YOU ALL TRACK IT AT THE WATERSHED LEVEL AS WELL, NOT JUST AT THE ZONING LEVEL. 
          SO, UH, THE, THE, COULD YOU, COULD YOU TELL ME, I MEAN, AS I UNDERSTAND THE DRY CREEK EAST, UH, IMPERVIOUS COVER LIMITS IS 55.5% AND TO DRY CREEK, NORTH IS 36.4% AND MAHA CREEK IS 31.2%, ACCORDING TO THE WATERSHED INFORMATION, DOES THAT SOUND RIGHT? AND THOSE ARE LOWER AS YOU WOULD EXPECT. 
          THEN THE, YOU KNOW, THEN THE ZONING ALLOWS, UH, THE CS ZONING. 
          SO I GUESS MY QUESTION IS HOW ARE YOU GOING TO TRACK THE IMPERVIOUS COVER LIMITS IN THE, WITHIN THE WATERSHED AND WITHIN EACH OF THESE SECTIONS AGAIN, UM, ACTUALLY THE COMMERCIAL, UM, WATERSHED AND PERVIOUS COVER LIMIT IS 80%. 
          AND SO IT ONLY GOES DOWN FOR SINGLE FAMILY OR MULTIFAMILY, BUT, UM, THIS SITE WOULD BE CONSIDERED 
          [02:00:01]
COMMERCIAL. 
          SO IT WOULD BE 80%. 
          AND OF COURSE, 68% IS MUCH LESS THAN 80%. 
          I'M NOT SURE WHERE YOU'RE GETTING THOSE NUMBERS. 
          NO, WHAT I'M TALKING ABOUT IS THE WATERSHED, THE THERE'S ON THE BACKUP MATERIAL SHOWS THAT THE IMPERVIOUS COVER IS, YOU KNOW, UH, THE IMPERVIOUS COVER LIMITS, BUT THEN IT HAS THE WATERSHED GOT BELOW IT. 
          AND THERE'S NOTHING IN THE WATERSHED. 
          THERE'S NO IMPERVIOUS COVER LIMITS SHOWN WITHIN THE WATERSHED. 
          SO I GUESS WHAT I'M ASKING THIS, THIS, THIS SITE IS LOCATED WITHIN THE DRY CREEK, UH, NORTH AND DRY CREEK EAST WATERSHEDS AND, AND WITHIN THE MAHA WATERSHED, WHICH HAVE LOWER IMPERVIOUS COVER LIMITS THAN 68%. 
          THAT'S MY UNDERSTANDING, IS THAT CORRECT? NO, THAT IS NOT CORRECT. 
          UM, SO THOSE, UH, WATERSHEDS ARE CONSIDERED SUBURBAN CLASSIFICATION. 
          AND SO WITHIN THAT, WITHIN THE SUBURBAN CLASSIFICATION, A COMMERCIAL, UH, PROJECT WOULD GET 80% CLOSE SITE AREA. 
          OKAY. 
          SO THEN I GUESS THAT DATA I WAS LOOKING AT, MUST'VE BEEN THE ACTUAL IMPERVIOUS COVERAGE. 
          THAT'S THERE ON THE SITE NOW, MAYBE THAT'S WHAT IT WAS, WHERE I'M LOOKING AT. 
          I HAVEN'T SEEN WHAT, YOU'RE, WHAT YOU'RE LOOKING AT. 
          I'M WATERSHED. 
          THIS IS A DOCUMENT FROM WATERSHED FROM 2017, UH, FOR CODE NEXT. 
          AND IT SHOWS THE CURRENT LAND DEVELOPMENT CODE IMPERVIOUS COVER LIMITS ALLOWED MAXIMUM IMPERVIOUS COVER LIMITS. 
          I DON'T KNOW WHAT DOCUMENT THAT IS. 
          I'M SORRY. 
          OKAY. 
          YEAH. 
          SO, UM, MY POINT HERE, I MADE MY POINT. 
          I JUST WANT TO MAKE SURE THAT, THAT THE, THE, THE, THE LIMITS OF THE IMPERVIOUS DISCOVERED LIMITS WITHIN THE WATERSHEDS ARE ALSO, YOU KNOW, TAKEN CARE OF AS WELL IN THIS, IN THIS TABLE. 
          THANK YOU. 
          YES. 
          OH, YES. 
          YES. 
          I AGREE. 
          I'M NOT COMPLAINING ABOUT THAT WHATSOEVER. 
          I THINK IT'S GREAT THAT WE'RE REDUCING IT. 
          SO GREAT. 
          THANK YOU RE UH, REALLY QUICKLY, UH, CHIMING IN WITH A LOT OF MY FELLOW COMMISSIONERS, UH, REALLY WANT TO APPLAUD THIS ONE. 
          IT'S CLEAR THAT THERE'S BEEN A TON OF LABOR PUT INTO IT. 
          AND WHAT WE'VE SEEN TONIGHT IS MUCH CLOSER TO LIKE PUDS AS PUBS ARE INTENDED TO BE. 
          UM, SO THAT'S GREAT. 
          UM, JUST KIND OF IN THE SPIRIT OF WHAT NOW WE GET TO START LOOKING AT WHAT'S NEXT. 
          UM, AND WHAT I WOULD REALLY ENCOURAGE THE APPLICANT TO DO. 
          IT'S LIKE YOU, YOU HAVE GOOD RELATIONSHIPS WITH THE COMMUNITY GROUPS. 
          THEY SHOW A WILLINGNESS AND A DESIRE TO CONTINUE TO PARTICIPATE IN THE PROCESS. 
          UM, SO I WOULDN'T HAVE APPLICANT COME UP WITH SOME SOLUTIONS FOR LOOKING AT THE TYPES OF JOBS INVOLVED, UM, ECONOMIC GROWTH. 
          AND IF WE COULD START TO LOOK FOR WORKERS OR FAMILY. 
          AND SO THANK YOU. 
          OKAY. 
          AND NOW COMMISSIONER SMITH, I'M SORRY. 
          I JUST WANT TO POINT OUT, I COULDN'T HEAR COMMISSIONER'S RAISED COMMENTS AND I WOULD LOVE TO HEAR WHAT SHE HAD TO SAY. 
          YOU KNOW, COMMISSIONER RAY, I'M SORRY, JUST YOU, I GUESS CONNECTION WAS BAD OR SOMETHING. 
          IT WAS A LITTLE GARBLED AT THE VERY END, I THINK OF YOUR POINTS ABOUT THE WAGE FLOORS AND THINGS LIKE THAT. 
          BUT YOU, I THINK YOU WERE MAKING SOME REALLY IMPORTANT RECOMMENDATIONS OR SUGGESTIONS THERE FOR THE FUTURE. 
          THANK YOU. 
          UM, DO YOU WANT TO, YEAH, BRIEFLY, UM, THIS IS A GOOD PUD. 
          WE GOTTA THINK ABOUT WHAT'S NEXT. 
          LET'S CONTINUE TO TALK WITH THE COMMUNITY AND NEGOTIATE ADDITIONAL BENEFITS THAT ARE OUTSIDE THE PURVIEW OF BUDS, UM, SPECIFICALLY, UM, NOT JUST HAVING JOBS, BUT GOOD JOBS AND LOOKING AT CONVERSATIONS THAT MIGHT DEMAND A WAGE FLOORS FOR CONSTRUCTION WORKERS, UM, OR LOCAL HIRING AGREEMENTS. 
          SO I HOPE THAT CAN CONTINUE TO BE ON THE TABLE AND THAT THE APPLICANT WILL, UM, KEEP DOING THE WORK WITH THE COMMUNITY THAT THEY'VE ALREADY DONE. 
          THAT WAS THE LAST, THAT WAS THE PART THAT WAS MISSING WAS THE WAGE AGREEMENTS. 
          OKAY. 
          THANK YOU. 
          SURE. 
          SMITH. 
          I HAVE TO GO AHEAD AND MAKE A MOTION TO APPROVE THIS WITH ALL OF THE STAFF RECOMMENDATIONS AND INCLUDE TWO MORE, ONE FOR THE IMPERVIOUS COVER, JUST DIRECTING STAFF TO DO THAT. 
          THEY'VE BEEN DOING IT FOR A LONG TIME. 
          UH, SO I KNOW THERE'S LOTS OF MECHANISMS AND IT CAN BE DONE, BUT IF IT'S DIRECT TRAFFIC IMPERVIOUS COVER, AND THEN ALSO, UH, FOR GARY IRRIGATION FOR THE THREES, WAS THERE A TIMEFRAME ON THAT MR. GARREN FOR YEARS? SO PROVIDE IRRIGATION FOR THE TREES FOR THREE YEARS, SUPPLEMENTAL IRRIGATION. 
          THAT'S NOT MOTION. 
          SO I COMMISSIONER SMITH AND 
          [02:05:01]
SECONDED BY COMMISSIONER GEARY, AND, AND THAT IS FOR STAFF RECOMMENDATION. 
          AND TO ALSO INCLUDE DIRECTING STAFF TO TRACK IMPERVIOUS COVER AND IRRIGATION FOR THE TREES FOR THREE YEARS. 
          DID I GET THAT CORRECTLY? OKAY, GREAT. 
          AND POINT OF INFORMATION, A STAFF RECOMMENDATION DID INCLUDE THE PROHIBITION ON THE FILTERING OF BUSINESSES AND THE HIRING OF AN ARBORIST, CORRECT? THAT WAS IN THE BACKUP. 
          OH YES, MY SON. 
          THIS IS A GOOD PATH. 
          OKAY. 
          JUST TO CLARIFY, THE ENVIRONMENTAL COMMISSION CONDITION WAS, THE APPLICANT WILL HIRE A CERTIFIED HARBORS TO OVERSEE THE MAINTENANCE PLAN FOR THE PLANET, NOT JUST IRRIGATION, BUT THE MAINTENANCE PLAN, WHAT YOU WERE INTERESTED IN, INCLUDING GETTING HIS MOTION. 
          I JUST WANT TO MAKE SURE WE'RE VERY CLEAR. 
          THANK YOU. 
          THANK YOU, COMMISSIONER SMITH. 
          OKAY. 
          THANK YOU. 
          AND ANY OTHER COMMENTS AND IF NOT, WE CAN. 
          OKAY. 
          I HAD NO BRAY. 
          OH, COMMISSIONER BRAY, MY BAD. 
          UH, SO I WAS GOING TO ASK YOU IF YOU WORK AT CAPITAL METRO TO TRY TO COME UP WITH ANY, UH, LIKE WAY TO LIKE FACILITATE BUS SERVICE, UH, TO THE AREA, YOU KNOW, ESPECIALLY WITH LIKE A WATERPARK, IT'D BE NICE IF THAT WAS SOMETHING ACCESSIBLE, OTHER THAN MY CAR IT'S IN THE BACKUP. 
          SO CHAIR CAMISA BRAY, MAYBE REFERRING TO THE, IN THE BACKUP, THERE IS THAT POINT THAT THEY WILL CONTACT CAP METRO EVERY FIVE YEARS ABOUT TRANSIT SERVICES. 
          SO I WOULD LIKE TO, TO CONTAIN THAT I RECOMMEND EVERY, AT LEAST TWO YEARS, FIVE SEEMS LIKE A LONG TIME, BUT I DON'T KNOW. 
          WE STARTED SORT OF MIRRORS. 
          THE REAR RAMIREZ MAY HAVE BETTER. 
          IF THERE A RECOMMENDATION ON THAT YOU CAN ALWAYS MAKE AN AMENDMENT OR YOU CAN ALWAYS OFFER UP AN AMENDMENT. 
          WE CAN VOTE IT UP OR DOWN. 
          SO I GUESS I'M WONDERING IF LIKE, YOU KNOW, CAUSE A LOT OF THE BUS DESIGN, IT'S NOT JUST ABOUT WORKING WITH CAPITAL METRO. 
          IT'S ABOUT LIKE, WHERE ARE YOU PLACED THE BUILDINGS? WHAT KIND OF PAST THERE ARE. 
          SO I'M WONDERING IF THERE'S, YOU KNOW, IN THE DESIGN OF THE PLAN, IS THERE ANY ROUTE WHERE LIKE, YOU KNOW, YOU'RE KIND OF THINKING ABOUT THIS IS WHERE THE BUS LINE WOULD LIKELY GO, THAT WOULD GENERALLY BE REFERRED TO THE TYPE PLAN PHASE WHEN YOU ACTUALLY THAT'S WHAT I WOULD WORK WITH THE TRANSPORTATION DEPARTMENT TO WORK THOSE BIPLANES BY BLOOD AIDS, ALL THAT WILL BE WORK AT THE PIPELINES. 
          YEAH. 
          IF ANYBODY WANTS TO OFFER UP ANY AMENDMENTS, IF NOT, WE WILL JUST VOTE ON THE MAIN MOTION. 
          YEAH. 
          ANOTHER QUESTION. 
          IS THERE ANY, IS IT FEASIBLE AT ALL TO TRY TO CONNECT, UM, LIKE A PEDESTRIAN BIKE WAY TO, UM, MAKE ANGLE MAKING JUST ROAD? UH, I'M JUST TRYING TO THINK OF OTHER WAYS TO HELP PEOPLE GET OFF, NOT HAVE TO DRIVE WITH A BIKE ON THE FIBROIDS. 
          YOU COULD DIRECT STAFF TO LOOK AT THAT FIVE WAYS THAT ARE OUT THE RIGHT OF WAY ROADWAYS AS PART OF THE SITE PLAN, PROCESS BEGIN GETTING INTO THE SIDEBAR PROCESS. 
          ANYTHING ELSE? IF NOT, WE CAN JUST VOTE ON THIS. 
          UM, ALL THOSE THEN, UM, I SEE SOME HANDS UP, BUT I THINK THOSE ARE FROM LEFTOVER. 
          SO, UH, ALL THOSE, UM, MOTION BY COMMISSIONER SMITH AND I FORGOT WHO SECONDED IT WAS GARY AND FOR STAFF RECOMMENDATION AND ALSO DIRECTING STAFF TO TRACK THE IMPERVIOUS COVER AND IRRIGATION FOR THE ANN ARBOR AND AN ARBORIST FOR THE TREE FOR THREE YEARS, FOR THE TREES FOR THREE YEARS, ALL THOSE IN FAVOR, PLEASE RAISE YOUR HANDS AND IT'S YOU NOW, UH, ALL THOSE OPPOSED. 
          OKAY. 
          IT'S UNANIMOUS ACTUALLY. 
          THANK YOU. 
          AND THAT IS THAT. 
          THANK YOU. 
          AND THANK YOU EVERYBODY WHO PARTICIPATED. 
          THANK YOU VERY MUCH. 
          AND WE REALLY HAVE TO COMPLIMENT THE APPLICANT, THE NEIGHBORHOODS, THE STAFF. 
          I'VE NEVER SEEN A POD COME THROUGH AS SMOOTHLY AS THIS ONE HAS. 
          AND JIM, JIM WILL TESTIFY TO THAT TOO. 
          SO, I MEAN, I REALLY COMPLIMENT EVERYONE. 
          OKAY, GREAT. 
          OKAY. 
          AND THANK YOU. 
          AND THANK YOU, ESPECIALLY YEAH. 
          STAFF AND THE APPLICANT. 
          THAT WAS WONDERFUL. 
          OKAY. 
          [02:10:01]
NEXT ON THE AGENDA IS, UH, NEW, UM, 
          [C1. Discussion and possible action regarding Annual Internal Review and Report (July 2019-June 2020).]
NEW BUSINESS. 
          OH, THAT IS C1 DISCUSSION AND POSSIBLE ACTION REGARDING THE ANNUAL INTERNAL REVIEW AND REPORT FROM JULY, 2019 TO JUNE, 2020. 
          AND I SUBMITTED A COMP A DRAFT. 
          I HAVE TO ADMIT IT IS A VERY ROUGH DRAFT BECAUSE, UM, I'M STILL NOT ABLE, THE MINUTES ARE MISSING FROM THE BEGINNING OF NOVEMBER UNTIL JUNE 30TH. 
          AND I NEED THOSE FOR, UM, FILLING OUT THE, I NEED THOSE FOR DOING THE ANNUAL REPORT. 
          UM, SO THAT WON'T, SO WE REALLY NEED TO HAVE THE MINUTES POSTED. 
          UM, BUT I PRESENTED THE DRAFT SO THAT YOU COULD ALL COMMENT ALSO ON OUR GOALS FOR THE YEAR AND, UM, WHICH IS ITEM NUMBER THREE. 
          AND THEN I WILL TAKE CARE OF THE REST AND SUBMITTED AGAIN FOR OUR RECOMMENDATIONS AND EVERYTHING UNDER ONE. 
          AND I HAVE TO ADMIT THAT THOSE GOALS I SHOULD, OH, I GUESS THERE'S NO WAY TO REALLY, I HAVE IT HERE. 
          UM, THOSE GOALS ARE REALLY CUT AND PASTE FROM LAST YEAR. 
          AND I DID INQUIRE A FEW WEEKS AGO ABOUT WHAT IS THE STATUS OF AN, UM, OF PARTICIPATION IN UNDOING RACISM? IT WASN'T CLEAR FROM THEIR WEBSITE, WHETHER THEY WERE STILL OFFERING WORKSHOPS OR PLANNING TO IN THE FUTURE AFTER COVID OR IF THEY HAD TAKEN ANYTHING, BUT THAT'S SORT OF THE BIG, UM, THING. 
          AND WE CAN THINK ABOUT IT FOR THE BOARDS, THE BOARDS GOALS AND OBJECTIVES FOR THE NEW CALENDAR YEAR, BUT I REALLY NEED MINUTES. 
          ANY COMMENTS I'LL DO I SEE, UM, ANY, ANYBODY WANT TO 10TH JUDICIAL LIFE, UM, LOST MY VIDEO, BUT, UM, I, UM, I APPRECIATE YOU PUTTING THIS UP. 
          IT HAS BEEN ON OUR AGENDA SEVERAL TIMES. 
          I THINK YOU'VE KIND OF SUMMED UP WHAT WE DO AND OUR GENERAL GOALS. 
          SO I APPRECIATE YOU GETTING US THINKING ABOUT GOALS, BUT I REALLY DO HOPE WE CAN GET THE INFORMATION WE NEED SO WE CAN GET THIS TAKEN CARE OF AN N. 
          I'M NOT SURE IF I'M MISSING A STATUTORY DEADLINE OF ANY KIND. 
          SO, UM, CAN WE MOVE TO POSTPONE THIS ACTION ON THIS TONE, NEXT MEETING? UM, YES IT IS. 
          DOES THAT GIVE THE STAFF ADEQUATE TIME TO POST, UM, MINUTES COMMISSIONED, LAYS ON ANTHONY? I GUESS IT WILL. 
          AND THEN ALSO A FRIENDLY REMINDER THAT THEY EMAILED TO THE COMMISSION. 
          OKAY. 
          UM, I WILL SAY THOUGH THAT THE MINUTES AREN'T POSTED ON THE WEBSITE AND ALSO, UM, TRY DOING THAT WITH THEM, BUT I DON'T HAVE THE LIST OF APPROVED MINUTES AND THAT WAS, AND THAT'S WHAT I, THAT WOULD BE THE THING THAT WOULD BE REALLY HELPFUL. 
          UM, BUT, AND SO I JUST WANT TO SAY THAT EVERYTHING ELSE IS OKAY. 
          AND, UM, ON THE BIG GOALS FOR NEXT YEAR. 
          SO COMMISSIONER DUNCAN, UH, I WAS JUST GONNA FOLLOW UP ON THAT LAST QUESTION. 
          WHAT'S THE PROBLEM AND STAFFING PROBLEM RESOURCE PROBLEM. 
          I THOUGHT THERE WAS SOME LEGAL REQUIREMENTS THAT I'M JUST ASKING YOUR QUESTION THE OTHER DAY I WENT BACK THREE, FOUR MONTHS AGO. 
          UM, I HAVE TO CALL SOMEBODY AND FIND OUT YES. 
          AND OKAY. 
          JUMP IN AND SAY, I MEAN, I THINK, YEAH, WHAT, WHAT WE JUST NEED IS TO GET THE MINUTES POSTED AND I THINK IT WOULD ALSO, UM, 
          [02:15:01]
YEAH, THAT WOULD BE IT COMMISSION OF KING. 
          YES. 
          UH, I THINK THAT, YOU KNOW, GIVEN THAT, AND I AGREE WITH YOU, YOU NEED TO APPROVE THE MINUTES BECAUSE AS YOU KNOW, TONIGHT, WE MADE SOME CHANGES, CORRECTIONS, SO YOU HAVE TO WORK FROM A GROUP AND IT'S, AND I THINK THE PUBLIC REALLY NEEDS THE MINUTES AS WELL, UH, POSTED IN, IN, YOU KNOW, AND, AND I, AND I, YOU KNOW, APPRECIATE, UH, COMMISSIONER DUNKIN ASKING ABOUT THE, UH, YOU KNOW, THE TIMELINES THERE FOR THAT, AND WHETHER THERE'S A STAFFING ISSUE, YOU KNOW, I CAN IMAGINE STAFF IS REALLY, YOU KNOW, OVERWHELMED WITH ALL THE COVID-19 STUFF THAT'S GOING ON, ALL THE ISSUES THAT ARE GOING ON AND IN THE CITY. 
          SO I HOPE WE CAN GET AN ANSWER TO THAT. 
          UH, YOU KNOW, AND, YOU KNOW, IF THERE'S A STAFF RESOURCE PROBLEM WITH THAT, SO WE CAN HELP, HELP, HELP ADDRESS THAT. 
          UM, AND THEN, SO I THINK IT WOULD, IF IT'S APPROPRIATE, I WOULD MOVE THAT WE POSTPONE ACTIONS TONIGHT. 
          AND THEN THE COMMISSIONERS CAN THINK ABOUT THE GOALS FOR NEXT YEAR AND I, AND CHAIR, I WOULD BE WILLING TO HELP YOU LOOK AT THOSE MINUTES AND UPDATE THE RECORD IF YOU NEED HELP WITH, OKAY, WELL, THAT'S A MOTION TO POSTPONE. 
          IS THERE A SECOND? OKAY. 
          SECOND BY COMMISSIONER EVANS. 
          AND THEN THANK YOU FOR YOUR OFFER, WHAT I'M GOING TO DO. 
          IT'S JUST REALLY A ONE PERSON JOB. 
          AND IN SOME WAYS IT'S JUST REVIEWING, JUST GOING, REVIEWING THE MINUTES AND YOU SORT OF GET IN THIS RHYTHM WITH A CUP OF COFFEE, SO FINE. 
          AND, BUT I APPRECIATE YOUR OFFER. 
          AND AS SOON AS I'M DONE, WE'LL DISTRIBUTE THE WATER. 
          I'M SORRY. 
          UH, WE HAVE TO GIVE A DEPENDENT FOR THE POSTPONEMENT PHONING TO THE NEXT THING, YOUR NEXT MEETING. 
          OKAY. 
          THAT'S THE KILLER MEETING. 
          AND I STARTED TO GO OFF ON THAT ANYWAY. 
          SO MOTION TO POSTPONE TO OUR NEXT MEETING. 
          ALL THOSE IN FAVOR, PLEASE RAISE YOUR HAND. 
          LOOKS LIKE IT'S UNANIMOUS. 
          GREAT. 
          OKAY. 
          THANK YOU. 
          AND OUR LAST OR NOT SORT OF LAST TIME, I'M NEW BUSINESS. 
          [D1. Discussion and possible action regarding matters related to any proposed revisions to the Land Development Code including but not limited to staff updates, presentations and scheduling. Sponsors: Chair Kiolbassa, Commissioner Duncan]
IS THERE ANY, ANY NEW BUSINESS, ANYTHING YOU WANT TO PUT ON? ANYTHING EXCITING? I JUST, OKAY. 
          COMMISSIONER KING. 
          I MEAN, COMMISSIONER DUNKIN. 
          I'LL YEAH. 
          YOU TWO LOOK SO MUCH ALIKE. 
          YOU'RE YOU'RE RIGHT ON. 
          YEAH. 
          HE'S GOT A WHITE SHIRT ON. 
          I GOT A BLACK SHIRT ON. 
          NO, I JUST HAD A QUESTION THAT, FROM THAT, UH, THAT OCCURRED TO ME TONIGHT WHEN WE POSTPONED, UH, THAT, UH, THE ARBORETUM WHEN, OR NEVERMIND. 
          I THINK THAT'S THE FOURTH, UH, OF  I BOUGHT A FARM. 
          I HAVE NO PROBLEM WITH IT, BUT IT REMINDED ME THAT WE, AT ONE TIME TALKED ABOUT HAVING A POLICY ON POSTPONEMENTS. 
          UH, I THINK MISSIONARY EVIDENCE, UH, MAYBE WE OUGHT TO RELOOK AT THAT. 
          I'M NOT SAYING, I'M JUST SAYING WE NEED TO BE CONSISTENT. 
          WE NEED TO HAVE, WELL, I WOULD, I WOULD ADVISE COMMISSIONER EVANS COMMENTS FROM THEIR PERCEPTION FIREARMS. WELL, LET ME SAY, I MEAN, OR WE CAN JUST HAVE ANOTHER WORKING GROUP OR SOMETHING, WHATEVER ANYBODY WOULD LOVE TO HEAR IF ANYBODY WANTS. 
          OKAY. 
          ALRIGHT. 
          THAT'S FINE. 
          AND OKAY. 
          COMMISSIONER, I DO SEE A COMMISSIONER EVANS IS SPEAKING. 
          WE HAVE THOSE WORKING GROUP ON THAT, AND WE STRIVE TO COME UP WITH SOME LANGUAGE THAT WAS FAIR AND ACCEPTABLE TO ALL, OR WE HAD A LITTLE BIT OF A DIFFICULT TIME WITH THAT, BUT I AGREE WITH YOUR DOC AND THAT WE DO NEED TO, I THINK ONE THING IS WE OUGHT TO DIRECT STAFF THAT WHEN SOMETHING IS POSTPONE, THAT WE HAVE A RECORD RIGHT ON OUR AGENDA AS TO HOW, WHAT HAS HAPPENED BEFORE. 
          AND THAT WOULD GIVE US SOMETHING TO, TO BASE ON. 
          UH, WE JUST, WE CAME UP WITH SO MANY POSSIBLE REASONS FOR POSTPONEMENT THAT IT LOOKED LIKE IT WAS DIFFICULT JUST TO SET IT DOWN AND IN CONCRETE, NO MATTER HOW MUCH WE'D LIKE TO DO SO, SO MAYBE WE CAN DIRECT STAFF TO THE TRACK AND PUT IT ON THE AGENDA. 
          SO WE KNOW WHAT'S GOING ON IN THE PAST. 
          OKAY. 
          THAT SOUNDS POSTED FOR ANY ACTIONS. 
          SHOULD WE, BUT SHOULD WE MAKE THAT AN ACTION ITEM TO JUST, UM, TO JUST ASK, UM, STAFF TO, OR REQUIRE STAFF TO PUT ON THE, IN THE REPORTS, BUT I DO BELIEVE I DID SEE A HISTORY OF THE POSTPONEMENTS FOR IT. 
          NOW THAT I THINK ABOUT IT, UM, THERE IS THE, I DIDN'T PRINT OUT THAT, BUT I HAVE IT ON MY COMPUTER THAT THERE IS A HISTORY OF THE POSTPONEMENT REQUEST, BUT I THINK THAT, I GUESS 
          [02:20:01]
WHAT YOU'RE POINTING OUT, UH, COMMISSIONER DUNKINS IS MAYBE ON THE AGENDA ALSO IN, OR ON THE, UM, ON THE AGENDA, INCLUDING THAT WHAT THE HISTORY OF THE POSTPONEMENTS ARE. 
          YES. 
          AND LET IT GO ON THE AGENDA. 
          OKAY. 
          THAT SOUNDS GOOD. 
          AND DO WE NEED TO HAVE A MOTION ON THAT OR SHOULD WE HAVE A, UM, OKAY. 
          PARDON? YOU NEED A SECOND. 
          YOU NEED SIX SPOTS. 
          I WILL SECOND TO THIS MOTION. 
          WE'RE NOT POSTED FOR IT. 
          NO, NO, NO. 
          TO PUT IT ON THE AGENDA FOR NEXT WEEK. 
          OKAY. 
          SO THERE'S TWO PEOPLE, IT SOUNDS LIKE IT'S COMMISSIONER EVANS AND COMMISSIONER, DANCLER PUTTING IT ON THE AGENDA AND I GUESS COMMISSIONER DUNKIN WOULD JOIN IN PROBABLY EVERYBODY. 
          AND THAT IS JUST TO HAVE, UM, UH, YOU, YOU, TWO CAN WORDS, COMMISSIONER DAN, CLAIRE, AND EVANS CAN WORDSMITH IT ON WHAT'S ON THE AGENDA, BUT ESSENTIALLY SOMETHING THAT'LL JUST COVER US, PUTTING US, TAKING A VOTE ON PUTTING IT ON THE AGENDA AGENDA, PUTTING THE POSTPONEMENTS ON THE AGENDA. 
          SO THAT SOUNDS GOOD. 
          AND ANY OTHER NEW, UH, ANY OTHER, UM, FUTURE 
          [E. FUTURE AGENDA ITEMS]
AGENDA ITEMS, ANYBODY WANT ANYTHING AT ALL FOR EXCITEMENT AND, UH, OKAY. 
          COMMISSIONER KING, UH, JERRY, I JUST WANT TO DO, ARE WE ON THE, THE, UH, COMMITTEE? NO, NOT YET. 
          I WAS JUST, I WAS JUST GOING TO MENTION, I DID GET AN UPDATE FROM ANDREW THAT GARY HAD REQUESTED ONION CREEK DEVELOPMENT, AND THAT IS GOING TO BE COMING UP IN OCTOBER AND WE ACTUALLY GET TO SET THE DEBATE. 
          SO IT'S EITHER THE FIRST MEETING OR THE SECOND MEET MEETING IN OCTOBER. 
          AND I WOULD SAY, LET'S WAIT AT LEAST ANOTHER MEETING. 
          SO MAYBE WE'LL HAVE A SENSE OF WHAT OUR OCTOBER MEETINGS ARE GOING TO LOOK LIKE. 
          AND WE DID HAVE THE ARBORETUM CASE POSTPONED TO THE FIRST MEETING IN OCTOBER. 
          SO WE MIGHT BE LOOKING AT THE SECOND MEETING IN OCTOBER FOR, UM, SO THAT'S IT. 
          SO ANYTHING ELSE FOR ITEMS FROM THE COMMISSION AND THEN A FEW, UM, A FEW, A FUTURE AGENDA ITEMS AND THEN COMMITTEE 
          [F. COMMITTEE REPORTS & WORKING GROUPS]
REPORTS AND WORKING GROUPS. 
          AND, UH, THAT'S WHY THE ORDINANCES JOINT COMMITTEE GETS THEIR REPORT. 
          I THINK WE HAVE A MEETING COMING UP NEXT WEEK. 
          YEAH, I THINK IT'S ON FRIDAY. 
          OKAY, GREAT. 
          AND THEN A COMPREHENSIVE PLAN JOINT COMMITTEE WE'VE CIRCULATED, OR IF THEIR STAFF CIRCULATED THE 2020, IMAGINE AUSTIN ANNUAL REPORT AS A DRAFT FOR COMMENT TO MEMBERS OF THE COMPREHENSIVE PLAN COMMITTEE. 
          I THINK COMMISSIONER GARY WAS THE ONLY ONE TO PUT ANY DETAIL TO RESPONSE IN THE BASS BINDER. 
          AND I TOOK A LOOK THROUGH IT. 
          I DIDN'T HAVE ANY THINGS IN SPECIFIC THAT I WANTED TO SEE WHAT THE REST OF THE COMMITTEE CAME UP WITH. 
          AND WE ALSO POLL THEM TO SEE IF WE WOULD HAVE A MEETING. 
          AND I THINK WE ALL GO AHEAD AND TRY TO ARRANGE THAT. 
          SO I'M WORKING ON THAT TO PUT THE BOTTLE UP AND JUST PICK THAT. 
          OKAY. 
          THANK YOU. 
          AND SMALL AREA PLANNING JOINT COMMITTEE. 
          IS THERE A REPORT? UH, COMMISSIONER GIDEON. 
          I SERVE ON THAT. 
          AND ALSO CAN I, SO I DON'T KNOW IF THEY WANT US WANT TO COME IN DOING ANYTHING. 
          OKAY. 
          WELL, SO THAT MEANS IT'S GOING TO BE RESCHEDULED FOR THE 24TH. 
          WE GOT, SO HE HAD TWO CASES. 
          WE DIDN'T HEAR THEM. 
          OUR REQUEST WAS THAT THEY GO BEFORE THE COMMISSION, BEFORE THEY BE CONSIDERED BEFORE US, OR BE SENT BACK TO US. 
          SO, AND THEN WE ALSO RAN OUT OF TIME. 
          THAT WAS A BIG ONE TEAR. 
          ONE OTHER THING IS THAT WE DID PASS A RECOMMENDATION ONTO, UH, THE MAYOR AND COUNCIL AND THEIR BUDGET RECOMMENDATION, UH, REGARDING THE SMALLER, SMALLER, AND TO DISTRIBUTE TO EVERYBODY. 
          THANK YOU. 
          AND I GUESS THAT IS IT FOR THE COMMITTEE REPORTS. 
          OH, COMMISSIONER, UH, DUNCAN. 
          ARE YOU STILL, IT'S NOT TOO MANY REPORTS. 
          LET ME JUST MAKE ONE FINAL COMMENT. 
          IT'S NOT A REALLY BIG AN ITEM ON THE AGENDA. 
          SO IT'S PROBABLY, UH, AS, AS I SAID EARLIER, THERE'S THE RESIDENT HISTORIAN. 
          [02:25:01]
UH, WHEN I DISCUSSION EARLIER ABOUT THE SPIRIT OF JUST BIG GUSHES OF MEMORIES, AND I JUST WANT TO DO ALL THE REALIZE THAT WHEN YOU'RE MAD NOW, YOU KNOW, I HAD AN 18 FOOT GLASS FRONT WITH THE 35 FOOT 35 ROOTS, AND I'M NOT THE DOCTOR THAT WAS DOC. 
          WE TALKED ABOUT AT LEAST THREE TIMES A WEEK. 
          SO IT REALLY WAS A GOOD FEELING TONIGHT TO KNOW THAT PLANTS ARE GOING TO BE NAILED BACK AND SOMEBODY ELSE WILL BE ABLE TO HAVE THOSE SAME EXPERIENCES AND ANYTHING ELSE. 
          AND IF NOT, WE'RE ADJOURNED. 
          SO THANK YOU EVERYBODY. 
          GOOD SEEING YOU. 
          THANK YOU. 
          BYE. 
          BYE .
* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.