[00:00:04]
IT IS 9:00 AM ON DECEMBER 15TH.
I'M CALLING THE PLANNING COMMISSION MEETING TO ORDER.
HAPPY FINAL PLANNING COMMISSION MEETING OF 2021.
THANK Y'ALL FOR BEING HERE, BRIAN, AND EARLY, DO WE HAVE AN INTERPRETER IN ATTENDANCE? GOOD MORNING.
WE ARE THE INTERPRETERS FOR ANYBODY THAT NEEDS INTERPRETATION INTO SPANISH.
COMMISSIONER CHRISTOPHER GARCIA.
WE HAVE TWO AGENDAS TODAY, A CONSENT AGENDA AND SOME INDIVIDUAL ITEMS. ALL ITEMS ARE ELIGIBLE FOR CONSENT IN SPANISH.
SO ALL ITEMS ARE ELIGIBLE FOR CONSENT WITH THE EXCEPTION OF ITEMS NUMBER FOUR AND NINE, WHICH ARE BEING PULLED FOR PURPOSES OF RECUSAL 19 HAS BEEN WITHDRAWN.
BOTH 21 AND 27 HAVE BEEN POSTPONED.
IS THAT CORRECT? THAT IS CORRECT.
DO I HAVE A MOTION TO APPROVE THE CONSENT AGENDA? UH, MAKE A MOTION TO APPROVE THE CONSENT AGENDA.
SECOND BY COMMISSIONER GARCIA.
CAN DO YOU CLARIFY THAT WE HAVE A COUPLE INDIVIDUAL, WE HAVE ALSO ITEM 2022, UH, IN ADDITION TO 4 9 19 21 AND 27, 20, 22, 24 AND 26 ARE NOT ELIGIBLE FOR CONSENT.
COMMISSIONER PECK, DO YOU STILL MAKE THAT MOTION? I DO.
COMMISSIONER CARILLO HAYNES? YES.
COMMISSIONER CHRISTOPHER GARCIA.
I JUST WANNA MENTION, UM, A BRIEF UPDATE ON THE, UH, APPLICATIONS WE'VE RECEIVED FOR PLANNING COMMISSION.
IT'S NOT AN OFFICIAL ITEM, BUT JUST AN UPDATE.
UH, WE RECEIVED 16 APPLICATIONS THAT WERE DEEMED QUALIFIED FOR REVIEW.
UH, WE'RE EXPECTING THOSE TO GO TO THE GOVERNANCE COMMITTEE IN JANUARY AND THEN HOPEFULLY BY END OF JANUARY, HAVE CITY COUNCIL CONSIDER THOSE APPLICANTS.
[Plats ]
IT IS 9 0 3.COMMISSIONER PECK HAS LEFT THE ROOM.
UH, WE, IF IT'S OKAY WITH STAFF, CAN WE TAKE ITEMS NUMBER FOUR AND NINE TOGETHER AS A A ONE MOTION? OKAY.
DO I HAVE A MOTION TO APPROVE ITEMS FOUR AND NINE? SO MOVED.
COMMISSIONER CARILLO HAYNES? YES.
COMMISSIONER UH, CHRISTOPHER GARCIA? YES.
COMMISSIONER MICHAEL GARCIA? YES.
PLEASE INVITE COMMISSIONER PECK BACK.
COMMISSIONER PECK HAS RETURNED TO THE MEETING.
[Comprehensive Master Plan Amendments ]
THE AGENDA, ITEM NUMBER 20.GOOD MORNING, MARCO MARVE DEVELOPMENT SERVICES.
ITEM NUMBER 20 IS PA ENDING IN 72 ON THE SEVEN 7,000 BLOCK, UH, HERMAN ROAD GOING FROM RURAL ESTATE TIER TO GENERAL URBAN TIER IN THE NORTH SECTOR.
PLAN 37 NOTICES WERE SENT OUT.
FRIENDS OF SAN ANTONIO NEIGHBORHOOD ASSOCIATION IS NOT AP NOT OPPOSED.
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IN FAVOR, OUTSIDE 200 FEET.AND A PETITION OF 539 SSS UH, AGAINST THE DEVELOPMENT WAS SUBMITTED.
THE PROPOSED PLAN AMENDMENT TO GENERAL URBAN TIERS, A COMPATIBLE TRANSITION FROM THE MF 25 BASED ZONING TO THE EAST AND SOUTHEAST.
ALSO THE GENERAL URBAN TIER FUTURE LAND USE CLASSIFICATION.
WE'LL ADD DIVERSE HOUSING OPTIONS ALONG THE CONCENTRATED EMPLOYMENT AREAS TO FOSTER COMPARABLE LAND USE.
TRANSITIONS BETWEEN SINGLE FAMILY ATTACHED RESIDENTIAL NEIGHBORHOODS AND CONCENTRATED LOCATIONS OF NON-RESIDENTIAL USES.
IS IT? AND THE APPLICANT'S PRESENT.
GOOD MORNING, MADAM CHAIR COMMISSIONERS.
MY NAME'S ROB KILLEN, UH, WITH LAW FIRM OF KILLEN GRIFFIN FAIRMONT.
OUR ADDRESS IS 1 0 1 0 1 REUNION PLACE, UH, HERE ON BEHALF OF THE, UH, OF THIS PROJECT THAT'S REQUESTED PLAN AMENDMENT.
SO FIRST OF ALL, I WANNA THANK Y'ALL.
I KNOW THIS IS YOUR LAST, UH, MEETING OF THE YEAR.
I KNOW I TEND TO BE A LITTLE BIT LONG-WINDED, SO I WILL TRY TO, UH, ACCOMMODATE YOU'VE GOT A LOT OF STUFF STILL ON YOUR AGENDA, BUT, UH, I APPRECIATE THE OPPORTUNITY TO, UH, PRESENT, UH, TO YOU.
I ALSO WANNA SAY BEFORE, AND WE CAN JUST GO AHEAD AND ADVANCE TO THE NEXT SLIDE.
UH, I WANT TO THANK THE, UH, I WANNA THANK STAFF FOR THEIR REVIEW AND THEIR RECOMMENDATION, BOTH OF THE PLAN AMENDMENT AND THE RECOMMENDATION OF APPROVAL FOR ZONING AMENDMENT AS WELL.
UH, WENT TO ZONING COMMISSION LAST WEEK.
UH, THANK THE ZONING COMMISSIONERS FOR THEIR UNANIMOUS APPROVAL OF THIS, UH, REQUESTED REZONING ASSOCIATED WITH THE PLAN AMENDMENT.
UH, IN PARTICULAR, I WANNA THANK THE OUTGOING DISTRICT EIGHT ZONING COMMISSIONER FRANCINE ROMERO.
AS YOU PROBABLY KNOW, FRANCINE WAS APPOINTED TO THE C P S BOARD, BUT UH, BEFORE SHE LEFT, SHE SPENT A LOT OF TIME HELPING US, UH, SHEPHERD ALL THE STAKEHOLDERS AND, AND GET THIS THING DONE.
AND THEN, UH, OF COURSE THERE ARE NEW ZONING COMMISSIONER IN DISTRICT EIGHT, OZZY ORTIZ.
UH, AND THEN, UH, I WANNA ALSO SAY, AND AND MOST IMPORTANTLY, UH, THE STAKEHOLDERS WHO, WHO ARE IN SUPPORT, AND THAT'S THE, UH, FRIENDS OF SAN ANTONIO NATURAL AREA, WHICH AS YOU PROBABLY KNOW, IS THE FRIEDRICH PARK, UH, CONSERVANCY, AS WELL AS THE CREST BELLA HOMEOWNERS ASSOCIATION.
SO WE SPENT A LOT OF TIME, UH, GETTING TO THIS POINT, WORKING WITH A LOT OF STAKEHOLDERS AND SO A LOT OF PEOPLE TO THANK.
AND THAT'S, UH, WHAT I'M DOING NOW, BUT I WANNA TALK A LITTLE BIT ABOUT THE PROJECT.
SO, UH, YOU SEE I 10 OFF TO THE EAST, UH, HERMAN ROAD TO THE WEST, UH, TO THE NORTH.
YOU'VE GOT, HERMAN DOES THIS WEIRD THING WHERE IT DOES THIS JOG, UH, NORTH SIDE OF ERMAN.
YOU'VE GOT A MIXTURE OF COMMERCIAL MULTIFAMILY IMMEDIATELY TO THE EAST.
YOU'VE GOT MULTIFAMILY DEVELOPMENT TO THE SOUTH.
YOU'VE GOT SINGLE FAMILY INTO THE WEST, YOU'VE GOT THE PARK.
LET'S GO AHEAD AND GO TO THE NEXT SLIDE.
THIS IS A LITTLE BIT CLOSER VIEW OF THE PROPERTY CURRENTLY UNDEVELOPED.
LET'S GO TO THE, THE NEXT SLIDE.
SO YOU CAN SEE WHAT WE'RE ASKING FOR IS THAT TOP PORTION OF THE PROPERTY OUTLINED IN RED.
WE'RE ASKING TO GO TO, UH, GENERAL URBAN TIER TO ALLOW FOR MF 18 ZONING.
AND SO THAT'S WHAT WE'RE DOING IS WE'RE, WE'RE TAKING THAT TOP PORTION, THAT ZONE FOR SINGLE FAMILY R SIX, CONVERT IT TO MF 18.
BUT THEN THERE'S THAT SECTION.
IF YOU LOOK OVER IN THE LOWER RIGHT HAND CORNER JUST TO THE EAST, WE'VE GOT A SECTION OF THE PROPERTY THAT'S ZONED MF 25, AND WE'RE DOWN ZONING THAT.
SO WE'RE, WE'RE TAKING THE R SIX, MAKING MF 18, WE'RE TAKING THE MF 25 AND BRINGING THAT DOWN TO R SIX.
BUT AS YOU'LL SEE WHEN WE GET TO THE SITE PLAN, THAT PORTION OF THE PROPERTY IS ACTUALLY GONNA REMAIN, UH, GREEN SPACE.
SO I MENTIONED, UH, FRIEDRICH PARK OR THE FRIENDS OF SAN ANTONIO NATURAL AREA, UH, IMMEDIATELY TO OUR WEST ACROSS ERMAN AND THEN TO THE SOUTH CREST OF BELLA HOMEOWNERS ASSOCIATION, UH, ARE BOTH IN SUPPORT.
WE HAVE NEGOTIATED, EXECUTED, AND HAVE RECORDED, UH, RESTRICTIVE COVENANTS.
SO THOSE ARE ALREADY IN THE RECORD AND WILL BE ENFORCEABLE UPON APPROVAL OF THE REZONING AND PLAN AMENDMENT BY CITY COUNCIL.
AND SO THE RESTRICTIVE COVENANTS, UH, WE LIMIT THE TOTAL NUMBER OF U UNITS.
THE MULTIFAMILY IS LIMITED TO 300.
AND LIKE I SAID, YOU'RE GONNA SEE A SITE PLAN IN JUST A MINUTE.
UH, OPEN SPACE WILL HAVE AT LEAST 12 ACRES OF OPEN SPACE, AND YOU'LL SEE THAT ON THE PLAN, UH, DEVELOPMENT AND COMPLIANCE WITH THE PRELIMINARY SITE PLAN.
WE'LL HAVE BUFFERS ALONG THE ROAD, WHICH IS VERY IMPORTANT FOR FRIEDRICH PARK, UH, A HEIGHT LIMITATION ACROSS THE ENTIRE PROPERTY.
WE'RE GONNA AGREE THAT ANY NEW PLANTINGS IN THERE WILL BE NATIVE NON-INVASIVE SPECIES, AND OF COURSE, NO OUTDOOR SPEAKERS OR UPWARD LIGHTING.
UH, SO WHEN WE WENT TO ZONING COMMISSION, UH, LAST WEEK, I HEARD ABOUT THESE 500 FOLKS WHO'D SIGNED THIS ONLINE PETITION IN OPPOSITION.
I'LL BE HONEST, I WAS A LITTLE SURPRISED.
WE'VE SPENT MONTHS WORKING WITH THE STAKEHOLDERS AND JUST TRYING TO FIGURE OUT WHY PEOPLE ARE SIGNING THIS ONLINE PETITION.
WE'VE GOT TONS OF NATURAL SPACE.
WE'VE LIMITED, WE'RE TAKING THE MULTIFAMILY AWAY FROM CLOSEST TO THE HOUSE AND MOVING IT TO THE NORTHERN PART OF THE PROPERTY.
UH, AND EVERYONE'S BEEN GENERALLY SUPPORTIVE.
SO WHO ARE THESE 500 PEOPLE IN OPPOSITION? SO WE LOOKED
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AT THAT PETITION.AGAIN, IT'S AN ONLINE, IT'S CHANGE.ORG.
APPARENTLY ANYBODY CAN GO ON AT ANY TIME TO CHANGE.ORG AND SELL PETITION.
SO A LOT OF THESE SIGNATURES WERE DONE THREE MONTHS AGO.
A LOT OF THEM WERE KIND OF GENERIC.
I'M SIGN THIS BECAUSE I DON'T WANT APARTMENTS IN GENERAL.
UH, SOME OF IT WAS THE TYPICAL STUFF YOU SEE ABOUT MULTI-FAMILY.
PEOPLE WHO LIVE IN APARTMENTS BRING CRIME.
SO, YOU KNOW, I I LIVED IN AN APARTMENT.
I WASN'T MORE INCLINED TO BE A CRIMINAL WHEN I WAS AN APARTMENT DWELLER, BUT THEN WE LOOKED AT WHO WAS SIGNING IT, WHERE THEY'RE COMING FROM.
SO WHEN YOU SIGN ON THIS, YOU HAVE TO PUT WHERE YOU'RE FROM, WHAT CITY YOU'RE FROM.
AND SO DOMINION'S RELATIVELY CLOSE, BUT SEATTLE, WASHINGTON ISN'T ARIZONA, CALIFORNIA.
BUT THE ONE THAT REALLY JUMPED OUT AT ME WAS THE NORTH POLE.
AND I HAVE NO IDEA WHY SANTA CLAUS IS OPPOSED, BUT I DID NOT LEAVE COOKIES OUT LAST YEAR.
I AM GONNA CORRECT THAT ON CHRISTMAS EVE.
WE WILL LEAVE COOKIES OUT FOR SANTA.
BUT, UH, AND THEN, AND THEN MIAMI BEACH.
SO, UH, JUST A WEIRD ASSORTMENT OF PEOPLE GETTING ONLINE SAYING THEY'RE IN OPPOSITION.
UH, SO THIS IS, THIS IS REALLY THE MEAT OF WHAT WE'RE TALKING ABOUT.
SO AS YOU CAN SEE THAT AREA THAT'S CURRENTLY ZONED MULTIFAMILY, WE'RE DOWN ZONED TO R SIX, BUT WE'RE, THAT'S TO THE, UH, EASTERN PORTION OF THE PROPERTY THAT WILL, UH, REMAIN GREEN SPACE.
THOSE VERTICAL LINES, IMAGINE THAT'S ALL COLORED GREEN.
THAT WILL BE GREEN SPACE AND OPEN SPACE.
AND SO IN THE MIDDLE OF THE PROPERTY YOU'VE GOT SINGLE FAMILY LOTS AND THEN MORE GREEN SPACE AROUND THOSE SINGLE FAMILY LOTS.
SO WE DON'T HAVE ANY NEW HOMES REALLY BUTTED UP AGAINST EXISTING HOMES TO THE SOUTH.
WE'VE GOT, UH, MORE TRADITIONAL APARTMENTS AND THEN MORE OF A TOWN HOME TYPE OF DEVELOPMENT.
AND I TALKED ABOUT THAT BUFFER ALONG, UH, THE ROAD.
THE PARK IS RIGHT ACROSS THE STREET, SO WE AGREED TO A 50 FOOT, UH, GREEN SPACE RIGHT THERE ALONG ERMAN TO THE SOUTH.
AND THEN ON THE NORTHERN SIDE OF THE MAIN ENTRANCE, YOU SEE 140 FOOT GREEN SPACE.
AND THEN IF YOU, YOU SQUINT, 'CAUSE IT'S KIND OF SMALL PRINT, IT SAYS DOG PARK AND YOU NOTICE THAT THERE'S PARKING AND IT'S OUTSIDE THE GATE.
THIS IS NOT A DOG PARK SOLELY FOR OUR RESIDENTS.
THIS IS REALLY AN AMENITY FOR THE COMMUNITY.
THAT'S WHY WE'VE GOT THE GREEN SPACE.
UH, FOR THOSE OF YOU THAT ARE FAMILIAR WITH FRIEDRICH PARK, YOU KNOW, ONE OF THE CONCERNS IS THE PRESERVATION OF THE NATURAL AREA, AND PARTICULARLY THE NATIVE ANIMAL SPECIES THAT LIVE IN FRIEDRICH PARKS.
THERE'S A CONCERN ABOUT WALKING YOUR DOGS THROUGH FRIEDRICH PARKS.
THE THE IDEA WITH THIS IS THAT PEOPLE THAT WANNA GO TO FRIEDRICH PARK, BUT THEY WANT TO WALK THEIR DOGS CAN COME OVER TO OUR PARK, WALK THE DOG AGAIN, IT'S OUTSIDE THE GATE, FREE PARKING, COME WALK THE DOG.
SO IT MINIMIZES THE IMPACT THAT OUR NEW RESIDENTS, AS WELL AS OTHER FOLKS IN THE AREA HAVE ON FREDRICH.
AND THAT'S PRETTY MUCH IN A NUTSHELL.
AGAIN, APPRECIATE EVERYONE'S SUPPORT.
UH, HAPPY TO ANSWER ANY QUESTIONS.
SHALL WE PLAY THE VOICEMAILS BEFORE WE TAKE QUESTIONS? MY NAME IS ANN RETAL.
I LIVE AT 75 99 HEMAN ROAD, AND I'M CALLING ABOUT THE, UH, PLAN ZONING CHANGE FOR, UM, CASE NUMBER PA DASH 2021 DASH 116 0 0 7 2, WHICH IS PROPOSING MULTI-FAMILY DWELLINGS, UM, IN A FORMERLY RESIDENTIALLY RESTRICTED AREA.
UH, WE HAVE LIVED HERE FOR 30 YEARS AND HAS SEEN NO ROAD IMPROVEMENTS, BUT HUGE DEVELOPMENTS OF, OF, UH, SINGLE FAMILY HOMES AS WELL AS APARTMENT BUILDINGS.
AND JERMAN ROAD BECOMING A FEEDER LANE FOR ALL OF THE DEVELOPMENT TO THE WEST OF BABCOCK ROAD HAS MADE IT SOMETIMES ALMOST IMPOSSIBLE TO EXIT FROM OUR DRIVEWAY ONTO ERMAN ROAD.
UM, THE ROAD HAS DANGEROUS CURVES AND HILLS THAT CREATE BLIND SPOTS.
THERE ARE NO PA SHOULDERS, NOR IS THERE A TURNING LANE, UH, WHICH SOMETIMES LEADS TO THE ROAD BEING BLOCKED IN BOTH DIRECTIONS WHEN PEOPLE ARE TRYING TO GET TO THE ELEMENTARY SCHOOLS TO PICK UP THEIR CHILDREN.
UM, I THINK THAT BEFORE YOU BUILD HIGHER DENSITY HOUSING, YOU REALLY NEED TO LOOK AT, UH, PUTTING A TURNING LANE IN PA SHOULDERS ON, ON THE ROADS THAT ALL OF US WILL HAVE TO DRIVE.
AND, YOU KNOW, TO CONSIDER THAT THE AIR POLLUTION IS ALREADY A PROBLEM IN SAN ANTONIO AND CREATING ANOTHER AREA LIKE STONE OAK IS NOT GONNA BE IN THE LONG-TERM BENEFIT OF THIS CITY.
FRANCESCA CASTELLANOS, 81 30 POCONOS RUN SEVEN EIGHT TWO FIVE FIVE.
MY PHONE NUMBER (210) 823-8261.
THIS IS REGARDING THE PROPOSED DEVELOPMENT, UM, AROUND ERMAN ROAD.
UM, I STRONGLY OPPOSE THIS ALONG WITH MY FELLOW RESIDENTS.
NOT ONLY CAN ERMAN ROAD NOT SUPPORT THE
[00:15:01]
PROPOSED INCREASE IN DENSITY, UM, IT IT'S GONNA FURTHER THREATEN THE WILDLIFE.THERE'S ALREADY NUMEROUS APARTMENTS THAT HAVE GONE UP, THREE NEW APARTMENTS GOING UP ON KYLE FIELD PARKWAY.
UM, WE DO NOT WANNA FURTHER DETRACT FROM IT.
WITH THESE, WITH THIS PROPOSED NEW APARTMENT COMPLEX, I IMPLORE YOU TO FIND A DIFFERENT SOLUTION RATHER THAN REDUCING THE NUMBER OF UNITS TO THIS APARTMENT.
UM, I STRONGLY URGE YOU TO RECONSIDER.
MY NAME IS KAREN FRALEY AND I LIVE AT 1 9 5 2 3 TARA ELM.
MY NUMBER IS 2 1 0 9 9 5 10 10 AND I'M CALLING IN REFERENCE TO CASE PA 2 0 21 1 6 0 0 0 7 2.
I JUST WANT TO EXPRESS MY OPPOSITION TO THE REZONING OF RESIDENTIAL TO MULTI-FAMILY IN THIS AREA.
I'M HIGHLY CONCERNED THAT EVERY TIME WE CHANGE THAT WE ARE TAKING AWAY THE OPPORTUNITY FOR PEOPLE TO OWN A PART OF THE AMERICAN DREAM IN HAVING THEIR OWN HOUSE TO PURCHASE THESE AREAS.
WERE RESIDENTIAL INITIALLY AND SHOULD STAY THAT WAY.
WE ARE IN SUCH A HUGE HOUSING SHORTAGE IN SAN ANTONIO AND ALL THAT DOES IS MAKE THAT WORSE.
I'M ALSO CONCERNED ABOUT THE INFRASTRUCTURE AS WE EXPAND THESE AREAS.
I HAVE SPOKEN WITH THE FIRE DEPARTMENT AT THE CORNER OF BABCOCK AND SIERRA VISTA.
THEY ARE VERY CONCERNED ABOUT THE ZONING CHANGES AS WELL BECAUSE IT'S HARD ENOUGH FOR THEM TO KEEP UP WITH OUR AREA.
SO EMERGENCY SERVICES IS A VERY BIG CONCERN AS WELL.
UM, I APPRECIATE YOUR TIME AND PLEASE REQUEST THAT THESE AREAS ARE NOT REZONED MULTI-FAMILY.
THEY NEED TO STAY RESIDENTIAL SO WE HAVE THE OPPORTUNITY TO BUILD HOMES FOR PEOPLE TO PURCHASE.
HELLO, MY NAME IS KIRSTEN NICHOLS.
I'M OF RUTH PARKWAY, SAN ANTONIO, TEXAS SEVEN EIGHT TWO FIVE SEVEN.
PHONE NUMBER'S (210) 324-7460.
THIS IS FOR CASE NUMBER PA DASH 2 0 2 1 DASH 1 1 6 0 0 0 7 2.
PLEASE DO NOT BUILD ANY MORE APARTMENT COMPLEXES OUT HERE.
WE DO NOT HAVE THE SCHOOLS FOR IT.
WE HAVE NO MIDDLE SCHOOLS OR HIGH SCHOOLS OUT HERE.
WE CANNOT HANDLE ANY MORE APARTMENT COMPLEXES.
HIGH MULTI-FAMILY APARTMENT COMPLEXES OUT HERE.
EVEN THOSE OVER BY FREDERICKS PARK, THE ONES BY DOMINION EVERYWHERE.
WE DON'T HAVE THE THANK YOU SO MUCH AND HAVE A GREAT DAY.
I LIVE AT 15 GRANTHAM GLEN IN THE DOMINION.
I CAN BE REACHED AT 2 1 0 3 6 4 7 9 8 8 AND I'M CALLING ABOUT CASE NUMBER PA 2 0 21 6 0 7 2.
I THANK YOU FOR THE OPPORTUNITY TO BE HEARD.
I'M CONCERNED ABOUT THE INCREASED POPULATION DENSITY AND THE EFFECT IT WILL HAVE ON AN ALREADY OVERTAXED INFRASTRUCTURE.
WHEN YOU THINK ABOUT THE UTILITIES AND THE ROADWAYS AND THE DIFFICULTIES THAT WE HAVE AT THIS POINT, THE INCREASE IN POPULATION WILL SIMPLY EXACERBATE THE PROBLEM.
ADD TO THAT, THE IMPACT CREATED BY MULTI-FAMILY UNITS ON THE PROPOSED OWIE ROAD INGRESS EGRESS.
AND YOU'LL FIND THAT IT WILL LIKELY CRIPPLE AN ALREADY OVERTAXED ROADWAY SYSTEM.
WHEN YOU ADD THE EFFECTS UPON THE FLOODPLAIN, THE WILDLIFE HABITAT, ET CETERA.
THE CONDITIONS WILL ONLY CREATE MORE UNFORESEEN EFFECTS AND WILL ALSO CREATE SIGNIFICANT HAZARDS FOR THE ACCESS BY EMERGENCY SERVICES.
AGAIN, THANK YOU FOR THE OPPORTUNITY TO BE HEARD AND GOOD LUCK IN YOUR DELIBERATIONS.
OKAY, AND NOW WE'LL TAKE COMMISSIONER QUESTIONS.
[00:20:01]
COMMISSIONER GARCIA.WELL, MY CONCERN WAS THAT I REALIZED, UH, THE SCHOOLS CAN'T KEEP UP WITH THE DEVELOPMENT OVER THERE, BUT I DON'T KNOW THAT THE APARTMENTS ARE NECESSARILY GOING TO CONTRIBUTE A LOT OF CHILDREN TO THE SCHOOL SYSTEM.
COMMISSIONER SIEGEL? WELL, UM, I THINK THAT THE, UM, INFRASTRUCTURE CAPACITY, UM, IS A VALID CONCERN.
UM, I APPRECIATE THAT THE HOMEOWNERS FEEL.
UM, COULD YOU MAKE SURE YOUR MIC IS ON THE GREEN LIGHT IS ON.
CAN YOU HEAR ME NOW? CLOSER MAYBE.
UH, SO I REALIZED THAT, UM, THE INFRASTRUCTURE, I DO AGREE THAT THAT'S A VALID CONCERN.
I DON'T KNOW THAT IT'S SOMETHING THAT THIS BODY CAN, UH, TAKE UP IN OUR CONSIDERATIONS.
UM, AND, UM, I APPRECIATE THE DEVELOPERS WORKING WITH, UM, THE STAKEHOLDERS, UH, ESPECIALLY THE FRIENDS OF, UH, SAN ANTONIO NATURAL AREAS AND THE CRESTED BALL HOMEOWNERS ASSOCIATION.
COMMISSIONER BECK, NO QUESTIONS.
UM, FIRST OF ALL, THANK YOU, UH, ROB AND EMILY FOR WORKING WITH THE SURROUNDING NEIGHBORHOOD AND FREDERICK PARK ON.
I KNOW YOU'VE TRIED TO GET THIS TO THIS COMMISSION SINCE, I DON'T KNOW, OCTOBER OR SEPTEMBER OF LAST, OF THIS YEAR.
UM, IT'S BEEN HARD WORK FOR YOU GUYS, SO THANK YOU FOR GOING THROUGH THE HOOPS TO GET TO GET EVERYBODY ON BOARD AND GET AND GARNER THE SUPPORT YOU NEED FOR THIS.
UH, I THINK THE PROJECT IS, UH, IN CONFORMANCE WITH EVERYTHING ELSE GOING ON AROUND THAT AREA.
UM, AND I THINK IT FITS NICELY WITH, UH, WITH THE DEVELOPMENT THAT'S HAPPENING OUT THERE RIGHT NOW.
I AM A LITTLE CONCERNED WITH THE CHANGE.ORG PETITION.
I THINK IT WAS PRETTY IN DISINGENUOUS THAT THEY, UH, PRESENTED A PETITION OF OVER 500 SIGNATURES OF PEOPLE WHO NEVER HAVE AND PROBABLY NEVER WILL GO TO FREDERICK PARK OR DRIVE DOWN ERMAN ROAD, UH, MAKES IT APPEAR LIKE THERE'S A LOT OF OPPOSITION WHEN IN FACT THERE REALLY IS NOT.
UM, I THINK THAT'S PRETTY DISINGENUOUS AND I THINK, YOU KNOW, BASICALLY SHAME ON YOU FOR TRYING TO GASLIGHT THIS COMMISSION INTO THINKING THAT THERE IS A LOT OF OPPOSITION WHEN THAT IS NOT THE CASE.
SO I'LL BE IN FAVOR OF THIS, AND ACTUALLY I'M GONNA MAKE A MOTION FOR APPROVAL.
COMMISSIONER PROFIT, UH, JUST COMMENTS AGAIN, UH, REALLY KIND OF ECHOING.
COMMISSIONER PECK SAID, UH, A LOT OF HARD WORK WAS PUT IN.
UH, IT'S GOOD TO SEE WHEN THE, THE APPLICANT AND THE NEIGHBORHOOD WORK TO RESOLUTION.
YOU CAN'T APPEASE EVERYBODY, YOU KNOW, AND MORE OF A GENERAL STATEMENT IS, UH, THE CITY'S GROWING.
I MEAN, WE'RE NOT GONNA FIGHT THAT.
AND RESPONSIBLE GROWTH IS WHAT WE'RE STRIVING FOR.
UH, SOME OF THE COMMENTS ABOUT THE INCREASE NEED FOR FIRE PROTECTION, POLICE, THE ROADS, ET CETERA.
THESE ARE THINGS WHERE WE NEED TO BE ENGAGED WITH OUR CITY AND, AND, AND BOND PROGRAMS AND THE BUDGET PROCESS TO MAKE SURE THAT, THAT WE'RE KEEPING UP WITH GROWTH.
BUT AGAIN, I THINK THIS IS A, A, A GOOD PROJECT, UM, AND I'LL BE SUPPORTING IT AS WELL.
THANK YOU COMMISSIONER CARDILLO.
UM, I DO SUPPORT THIS PROJECT AND I ECHO MY FELLOW COMMISSIONER'S SENTIMENTS ON THE EFFORTS DONE BY, UH, KILLEN AND ROB KILLEN AND HIS GROUP WITH THE NEIGHBORHOOD ASSOCIATION AND THE FRED FRIENDS OF NATURAL AREAS, I THINK IS WHAT IT'S CALLED.
UM, I I WILL ADD THOUGH, I THINK THAT, UM, YOU KNOW, WE DO NEED TO CONTINUE TO LOOK INTO THE ANCILLARY SERVICES THAT SUPPORT DEVELOPMENT AND GROWTH AND MAKE SURE THAT THAT IS, UH, FOLLOWING SUIT RESPONSIBLY AND SUPPORTING THE COMMUNITY IN, IN THEIR NEEDS.
THANK YOU COMMISSIONER GARCIA? YES.
UM, JUST TO ECHO WHAT WE'VE BEEN HEARING THAT YEAH, IT SEEMS LIKE A GOOD PROJECT THAT THEY HAD WORKED A LOT WITH THE COMMUNITY.
AND THEN CAN WE HEAR FROM STAFF ABOUT WHERE THE CONCERNS ABOUT THE, THE SERVICES, THE UTILITIES, THE CAPACITIES THAT WE'VE BEEN HEARD, WHERE DOES THAT GET ACTUALLY HANDLED? CAN YOU REPEAT THE QUESTION? UH, ONE OF THE VOICEMAILS, UH, THEY TALKED ABOUT CONCERNS ABOUT EMERGENCY SERVICES AND THERE WAS SCHOOL CAPACITIES AND INFRASTRUCTURE AND TRAFFIC AND ALL THOSE THINGS.
AND JUST FOR THE, FOR THE PUBLIC RECORD, WHERE DO THOSE ISSUES GET ADDRESSED? UH, I THINK ONE OF THE COUNCIL MEMBERS MENTIONED THE BOND PROGRAM.
I THINK THAT'S ONE OF THE WAYS, YOU KNOW, THE CITY HANDLES GROWTH, UH, AS IT EXTENDS OUTWARD IS THROUGH THE BOND PROGRAM TO WORK ON STREETS AND ALL THAT STUFF.
AND JUST TO ADD TO THAT, UH, FOR THE INFRASTRUCTURE PORTION, THAT'S GONNA BE PART OF THE PLATING PROCESS OF THE PROJECT.
AND THEN OF COURSE, THEY'LL HAVE TO GO THROUGH ANOTHER PHASE AFTER THAT OF THE BUILDING PHASE OF THE PROJECT WHERE THEY WILL CONSIDER ALL OF THE OTHER THINGS LIKE ELECTRICAL, H V A C, ALL OF THE, UH, INTERNATIONAL BUILDING CODE STANDARDS.
[00:25:01]
HAVE A QUESTION FOR THE APPLICANT.SO, UH, JUST OUTTA CURIOSITY, WHAT, WHAT, WHAT, HOW MANY UNITS ARE YOU PROPOSING? SO IT'S A TOTAL OF 300 MULTI-FAMILY UNITS AND 35 SINGLE FAMILY HOMES.
SO IN PREVIOUSLY AT, AT 16.93 AT OUR SIX, YOU COULD DO LIKE A HUNDRED UNIT UNDER ON THE MF 25.
I MEAN IF YOU, IF IT DIDN'T GO THROUGH.
SO EITHER WAY YOU'RE STILL GONNA HAVE TO PROBABLY PUT IN A LIGHT AND CONTROL TRAFFIC AND MAKE IT SAFE AND ALL THAT GOOD STUFF.
AND COMMISSIONER, I REALLY APPRECIATE THAT QUESTION.
THE QUESTION RELATED TO, UH, INFRASTRUCTURE AND, AND OF COURSE STAFF, UH, MENTIONED A LOT OF THIS WILL BE ADDRESSED, UH, THROUGH THE PLANNING PROCESS.
SO THIS BOARD WILL ACTUALLY, THIS COMMISSION WILL ACTUALLY SEE THAT AS WE GO THROUGH THAT PROCESS.
SO WE HAVE TRAFFIC MITIGATION REQUIREMENTS, WE'LL PAY IMPACT FEES, WHICH OBVIOUSLY CONTRIBUTE TO THE EXTENSION OF UTILITY INFRASTRUCTURE, AS WELL AS PAYING FOR ALL OF OUR ONSITE, UH, COSTS.
SO IN TERMS OF TRAFFIC MITIGATION, THAT WILL GET THE FULL REVIEW BY THE CITY'S TRAFFIC ENGINEER.
AND OF COURSE OUR PROJECTS, UH, CIVIL ENGINEER.
YEAH, I MEAN THAT, WE JUST HEARD A LOT OF CONCERNS ABOUT THE CURVES ON ERMAN AND HOW THIS IS GONNA AFFECT THAT, BUT I THINK THAT BY THE TIME WE GO THROUGH THE PROCESS, IT'S ALL GONNA BE ADDRESSED.
COMMISSIONER BUSTAMONTE? NO QUESTIONS.
WE HAVE A MOTION FROM COMMISSIONER PECK.
DO I HAVE A SECOND? SECOND ROLL CALL PLEASE.
COMMISSIONER CARRILLO HAYNES? YES.
COMMISSIONER CHRISTOPHER GARCIA? YES.
COMMISSIONER MICHAEL GARCIA? YES.
UH, MOTION PASSES FOR APPROVAL.
AND ROBIN, TEAM, THANK YOU SO MUCH FOR ALL OF THE EFFORTS THAT Y'ALL HAVE DONE.
REALLY APPRECIATE YOUR TIME THIS MORNING.
NEXT ON THE AGENDA IS ITEM NUMBER 22.
MARCO AVI FROM DEVELOPMENT SERVICES.
ITEM 22 IS P A N A N 1 0 2 GOING F ON THE EASTERN TRIANGLE COMMUNITY PLAN GOING FROM LOW DENSITY RESIDENTIAL TO COMMUNITY COMMERCIAL GENERATED.
LOCATED AT THE 5,000 BLOCK OF SOUTH CROSS RANCH ROAD.
THERE IS 22 NOTICES MALE, ZERO IN FAVOR, THREE IN OPPOSITION AND NO RESPONSE FROM THE LAKESIDE NEIGHBORHOOD ASSOCIATION.
THE APPLICANT SEEKS A PLAN AMENDMENT TO COMMITTEE COMMERCIAL TO REZONE TO C TWO CD, UH, CONDITION USED FOR A TRUCK STOP.
THE SUBJECT PROPERTY IS LOCATED IN AN AREA WHERE FUTURE LAND USE DESIGNATION ARE PREDOMINANTLY LOW DENSITY RESIDENTIAL AND MEDIUM DENSITY RESIDENTIAL.
WHILE THERE ARE SOME GENERAL REGIONAL COMMERCIAL AND LIGHT INDUSTRIAL USE DESIGNATIONS IN THE PROXIMITY TO THE SITE, THEY'RE LOCATED LONG FOUR 10 TO MINIMIZE ADVERSE IMPACTS ON RESIDENTIAL LAND USES.
STAFF RECOMMENDS DENIAL AND IS AVAILABLE FOR ANY QUESTIONS.
WOULD THE APPLICANT LIKE TO MAKE A PRESENTATION OR IS HE PRESENT? MAY I ALSO HAVE THE INTERPRETER? YEAH.
MY NAME IS S UM, I NEVER HAVE, UH, SPOKEN IN PUBLIC, SO I'M NERVOUS.
I'VE BEEN WORKING IN THAT FOR A LONG TIME AND I'VE BEEN WORKING WITH GLAD, UH, WE HAVE BEEN WORKING REPAIRING STREETS AROUND THE CITY.
AND I ALSO, EH, DO WORKS ON THE MALIANS.
I USED TO RENT A PLACE IN 1111 PER, BUT THE OWNER OF THAT PROPERTY, UH, SOLD THE PROPERTY.
SO WHEN THEY, WHEN THEY GAVE ME THE LETTER, I DIDN'T
[00:30:01]
HAVE MUCH A CHOICE BECAUSE IT'S EASIER TO RENT AN APARTMENT THAN A PLACE TO, UM, STORE HEAVY MACHINERY.NOTHING, BECAUSE MOST OF THEM, THEY HAVE THEIR BACKYARDS, BUT IS FOR THEMSELVES IS NOT TO RENT TO ANY ANYONE.
AND THESE TIMES ARE VERY HARD.
YOU HAVE TO TAKE CARE OF YOUR EQUIPMENTS BECAUSE THEY CAN GET STOLEN.
I DON'T WORK OUT, I ONLY WORK HERE WITHIN THE CITY.
WE ACTUALLY WERE WORKING EARLIER IN ALAMO HEIGHTS, UH, REPAIRING THE STREETS.
AND I DON'T GO INSIDE THE NEIGHBORHOOD.
UH, THE STREET WOULDN'T ALLOW ME, AND THERE IS A LOT OF TRAFFIC IN THERE, BUT PEOPLE SEE A TRUCK AND THEY SAY, OH, IT'S HIS TRUCK.
MY TRUCKS ARE AROUND WORKING ALL DAY LONG IN, UH, THE EVENING.
IT IS NOT SOMETHING THAT HAPPENS EVERY DAY.
UH, I'M NOT A MILLIONAIRE, SO I DON'T HAVE A BUNCH OF TRUCKS.
I ONLY HAVE THREE THAT ARE HANDLED BY MY SON AND SOME OF THEM ARE NOT.
SOME OF THEM ARE NOT BEING USED BECAUSE WE ARE LACKING, UM, EMPLOYEES.
AND MY BROTHER, HE'S GOT TWO
UM, SO THEY SAY THAT I WORK IN THE NEIGHBORHOOD, THAT'S NOT TRUE.
I ALSO HAD TO, UH, SET SOME PROTECTION IN THE PROPERTY BECAUSE THEY WOULD COME AND LEAVE THEIR OLD MATTRESSES AND TRASH AND ALL KIND OF STUFF AND GARBAGE.
SO AFTER THAT I ALSO CREATED LIKE PLATFORM SO THE VEHICLES WOULD BE SAFE AND THEY WOULDN'T SINK IN THE MUD.
UM, I'M GONNA START ON MY LEFT, UM, WITH COMMISSIONER QUESTIONS.
UM, BEFORE WE START, IF, IF YOU CAN, UH, TRANSLATE, UM, IT'S UNFORTUNATE THAT SOMETIMES THIS, THIS DOES HAPPEN.
A PERSON, UM, PURCHASES PROPERTY AND, UM, AND THE PROCESS WITH THE LAND USE AND THINGS, UM, ARE VERY CONFUSING.
UM, BUT WE DO HAVE TO LOOK AT THE LAND USE AND HOW IT FITS WITHIN THE NEIGHBORHOOD.
AND THAT'S WHAT WE'RE GOING TO ASK YOU ABOUT AND MAKE A DECISION ON TODAY.
BUT WE, BUT WE UNDERSTAND THE PROCESS IS COMPLICATED AND, AND, UM, AND THAT'S WHERE WE'RE AT TODAY.
UM, SO I'LL BEGIN ON THE LEFT.
[00:35:01]
BUSANTE, NO QUESTIONS.COMMISSIONER ORIAN? UH, NO QUESTIONS.
COMMISSIONER GARCIA? YEAH, I GOT A QUESTION FOR STAFF.
DOES THAT STREET OF SOUTH CROSS, DOES THAT MATCH THE REQUIREMENTS FOR COMMUNITY COMMERCIAL AT ALL? I KNOW SOMETIMES THE LAND MUSIC DESIGNATIONS HAVE CERTAIN STREET SIZES THEY NEED.
IT'S JUST A LITTLE LOCAL NEIGHBORHOOD STREET, UNFORTUNATELY.
COMMISSIONER CARDILLO HAYNES? YES.
CAN STAFF REVIEW THE COUNTS ON THIS PROPERTY? SURE.
NONE IN FAVOR? THREE IN OPPOSITION AND NO RESPONSE FROM LAKESIDE NEIGHBORHOOD ASSOCIATION.
MR. RES IS THE, IS THE OWNER OF THE PROPERTY? I AM THE OWNER.
UH, JUST COMMENT, UH, AS MADAM CHAIR EXPLAINED THAT THIS PROCESS IS COMPLICATED.
UM, FOR PROCESSES LIKE THIS, IT'S IMPORTANT TO WORK WITH THE COMMUNITY, UH, FOR THEIR SUPPORT.
UM, I THINK THAT YOU KNOW, WHERE IT'S LOCATED IN, UH, FOR STAFF.
I DON'T, I DON'T, IF WE DON'T APPROVE THIS, WHAT WOULD BE THE, THE NEXT COURSE OF ACTION FOR MR. HE'LL HAVE TO, UH, CEASE THE OPERATIONS THAT HE IS.
UM, WHATEVER HE'S STORING, WHATEVER TRUCK OR HEAVY MACHINERY HE'S STORING, HE'LL HAVE TO STOP DOING THAT.
AND, UM, OF COURSE HE'LL BE TIME, HE'LL BE GIVEN TIME TO MITIGATE THAT.
BUT, UM, IF THE ZONING AND LAND USE ARE NOT CORRECT, HE CAN'T PROCEED WITH WHAT HE IS CURRENTLY USING THE PROPERTY FOR.
I DON'T HAVE ANY FURTHER COMMENTS.
JUST ECHO WHAT, UH, COMMISSIONER PROPHET SAID.
UM, YOU KNOW, IT'S A COMPLICATED ISSUE, BUT, UH, AT THE END OF THE DAY, WE GOTTA MAKE SURE THAT THE PROPOSED USE IS IN CONFORMANCE WITH THE, UH, CURRENT LAND USE AND SURROUNDING, UH, UH, EXISTING LAND USES TO MAKE SURE THEY'RE HARMONIOUS.
AND IN THIS CASE, I HONESTLY DON'T BELIEVE THEY ARE.
SO THAT'S COMMISSIONER SIEGEL.
UH, DID I, UH, UNDERSTAND CORRECTLY THAT THE ZONING CASE WAS ALREADY DENIED? IT WAS RECOMMENDED FOR DENIAL? YES, MA'AM.
HAS IT BEEN TO ZONING YET? YES, MA'AM.
SO IF WE WERE TO APPROVE AFTER THE ZONING HAD ALREADY BEEN DENIED, THEN IT WOULD STILL BE NON-COMPATIBLE, WOULDN'T IT? THEY, UH, THEY MOVED FORWARD TO COUNCIL WITH EACH RECOMMENDATION BY EACH GROUP, UH, AND THEN COUNSEL WILL ULTIMATELY MAKE THE FINAL DETERMINATION.
COMMISSIONER GARCIA? NO COMMENT.
AG AGAIN, I, I ECHO, UM, MY COMMENTS EARLIER.
UM, I DO RECOMMEND PLEASE WORK WITH CITY STAFF, UM, ON POSSIBLE OPTIONS.
THAT'S WHAT THEY'RE THERE FOR.
UM, ASK THE QUESTIONS, THEY KNOW THE ANSWERS.
UH, DO I HAVE A MOTION FOR ITEM NUMBER 22? MOVE, UH, FOR DENIAL.
COMMISSIONER CARILLO HAYNES? NO.
I, I THINK WE NEED TO CLARIFY.
WE'RE MOVING TO, WE'RE VOTING TO DENY, WE ARE DENY THE PETITION AND GO ALONG WITH STAFF RECOMMENDATIONS.
STAFF RECOMMENDS DENIAL AND COMMISSIONER PROFIT MADE THE MOTION TO UPHOLD THAT RECOMMENDATION.
SO A YES VOTE IS TO UPHOLD DENIAL.
UH, COMMISSIONER MICHAEL GARCIA.
UH, MADAM CHAIR GONZALEZ? YES.
A MA MOTION PASSES FOR DENIAL.
ITEM NUMBER 24 IS NEXT ON THE AGENDA.
[00:40:07]
THERE YOU GO.MY NAME IS SUMMER MCCANN ZONING PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER 24 IS A REQUEST FOR APPROVAL OF RESOLUTION AMENDING THE EASTERN TRIANGLE COMMUNITY PLAN FROM LOW DENSITY RESIDENTIAL AND PUBLIC INSTITUTIONAL TO LIGHT INDUSTRIAL.
LOCATED AT 57 21 US HIGHWAY 87 EAST.
THERE WERE 10 NOTICES MAILED UN RECEIVED IN FAVOR.
TWO RECEIVED AN OPPOSITION AND THERE IS NO NEIGHBORHOOD ASSOCIATION.
THE PROPOSED LAND USE AMENDMENT FROM LOW DENSITY RESIDENTIAL AND PUBLIC INSTITUTIONAL TO LIGHT INDUSTRIAL IS REQUESTED IN ORDER TO REZONE THE PROPERTY TO L LIGHT INDUSTRIAL DISTRICT.
THE PROPOSED LIGHT INDUSTRIAL IS APPROPRIATE GIVEN THAT THE PROPERTY IS LOCATED ALONG A PRIMARY ARTERIAL AND IN CLOSE PROXIMITY TO LOOP FOUR 10.
THE PROPOSED USE IS CONSISTENT WITH THE DEVELOPMENT PATTERN.
LIGHT INDUSTRIAL AND INDUSTRIAL LAND USES ARE FOUND IN THE SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS PRESENT.
WE DO HAVE TWO PEOPLE SIGNED UP TO SPEAK, BUT FIRST DOES THE APPLICANT HAVE A PRESENTATION? OKAY.
UH, FIRST UP, DANIEL CHER, YOU'LL HAVE TWO MINUTES TO SPEAK.
FIRST AND LAST NAME AND YOUR ADDRESS PLEASE.
MY ADDRESS IS 5 7 2 5 US HIGHWAY 87 EAST.
I AM THE ADJOINING LANDOWNER TO THE PROPERTY IN QUESTION.
UM, WHAT WE'RE LOOKING AT IS THEY'RE LOOKING TO MOVE AN INDUSTRIAL TREKKING OPERATION IN NEXT DOOR TO MY HOUSE WITHIN 200 FEET.
UM, SO, UH, THIS USE CASE IS THEY CURRENTLY HAVE OPERATIONS IN A DIFFERENT PART OF THE CITY AT RANDOLPH AVENUE.
UH, THEY ARE 24 7 INDUSTRIAL TRUCKING OPERATIONS.
UM, AND IT IS CURRENTLY ZONED INDUSTRIAL WHERE THEY'RE AT.
THEY'RE LOOKING TO COME IN, MAKE IT LIGHT INDUSTRIAL.
I AM SURROUNDED BY RESIDENTIAL PROPERTY.
UM, THAT IS WHY I DID PICK IT.
I DON'T SEE WHERE THEIR USE CASE IS GONNA BE BENEFICIAL TO MY PROPERTY VALUES.
UH, I SEE THAT, UH, THE VALUE OF MY PROPERTY WILL GO DOWN WITH A 24 7 TRUCKING OPERATION.
IF YOU WANT A VISUAL OF WHAT IT LOOKS LIKE, DRIVE BY WALMART ON RIGSBY AVENUE FOUR 10.
THAT'S WHAT THEY WANNA PARK NEXT TO MY HOUSE.
SO I'M ASKING FOR THE COMMISSION TO DENY THIS REQUEST.
FIRST AND LAST NAME AND YOUR ADDRESS, PLEASE.
UH, PROPERTY ADDRESS IS 57 21 US HIGHWAY EAST 87, UH, SAN ANTONIO MOOSE LODGE.
IT'S 5 0 1 C THREE, EXCUSE ME, FIVE OH ONE C EIGHT.
UH, MY PHONE NUMBER IS (214) 476-9210.
UH, WE HAVE A, UH, A ROAD THAT RUNS DOWN THE PROPERTY THAT THE LODGE OWNS.
AND ON THE RIGHT SIDE, AS YOU'RE DRIVING DOWN, IT IS, UH, TWO BUSINESSES, THE GENTLEMAN'S PROPERTY, AND ANOTHER, UH, UNNAMED OWNER.
AND ON THE RIGHT, ON THE LEFT SIDE, EXCUSE ME, IT'S THE PROPERTY WE'RE SELLING.
UM, TO MY KNOWLEDGE, THERE IS NO EXPECTATION IT'S GONNA BE 24 7 OPERATIONS, UM, THAT WOULD INTERFERE WITH THE THE GENTLEMAN'S LIVING STATUS.
AND, UM, THE LODGE MEMBERSHIP WHO OWNS THE PROPERTY, IS IN SUPPORT OF SELLING IT IN, UH, TO PROMOTE THE GROWTH OF SAN ANTONIO.
UM, BEFORE WE TAKE QUESTIONS, ANY REBUTTAL FROM THE APPLICANT? OKAY, YES, PLEASE.
I'M THE OWNER OF TRUCK AND TRAILER STORAGE.
UH, AS THE FIRST, UH, GENTLEMAN THAT CAME UP, UH, MENTIONED.
WE OWN A LOCATION IN, UH, RANDOLPH BOULEVARD.
WE'VE EXPANDED TO AN ADDITIONAL LOCATION THERE, RANDOLPH BOULEVARD, AND IT'S ALLOWED US TO PROVIDE SAFE STORAGE FOR HEAVY EQUIPMENT, RVS AND TRAILERS.
UH, TO OUR GOAL IS TO REMOVE ALL THESE UNITS FROM MAIN PUBLIC ROADS.
UH, THERE'S A LAW, JASON'S LAW THAT WAS CREATED BECAUSE THERE'S UNSAFE PARKING.
UH, TEXAS, UH, D O T IS ALSO LOOKING FOR ADDITIONAL PARKING SPACES FOR HEAVY EQUIPMENT.
AS A GENTLEMAN POINTED OUT WALMART PARKING LOT, IT LOOKS LIKE A TRUCK STOP.
OUR GOAL IS TO REMOVE ALL OF THAT FROM OTHER BUSINESSES, CORPORATION, LOCAL BUSINESSES, AS WELL AS FROM YOUR NEIGHBORHOODS.
UH, OUR GOAL IS TO FIND SAFE LOCATIONS FOR THESE PEOPLE TO REST, UH, A WEEKEND, TWO, THREE DAYS, UH, A FULL WEEK WHEN THEY'RE OFF.
UH, OUR INTENT IS, AND HAS ALWAYS BEEN TO CREATE A SAFE ENVIRONMENT FOR OUR NEIGHBORS, FOR OUR STAFF,
[00:45:01]
AS WELL AS FOR THE PEOPLE THAT COME IN STORE THEIR EQUIPMENT WITH US.WE'RE NOT A 24 7 TRUCKING OPERATION, WE DON'T OWN ANY TRUCKS.
IT COULD BE AN RV, IT COULD BE A TRAILER, IT COULD BE LIKE THAT GENTLEMAN THAT JUST LEFT THAT HAS TWO, THREE PIECES OF EQUIPMENT, CAN'T FIND PARKING.
THAT'S WHAT WE, THAT'S WHAT WE PROVIDE, UH, FOR PEOPLE THAT COME FROM OTHER STATES, FROM OTHER CITIES AND DON'T HAVE A PLACE TO PARK OVERNIGHT OR WHILE THEY'RE GETTING OFFLOADED.
UH, WE LIKE TO TAKE PRIDE IN WHAT WE DO.
AS FAR AS A CLEAN ENVIRONMENT, UH, WE DON'T DO ANY REPAIRS ON SITE.
THERE WILL BE NO OIL SPILLS, NO FUEL SPILLS, NOTHING THAT WOULD BE OF ANY CONCERN TO THE CITY OR TO THE NEIGHBORHOOD.
UH, WE ALWAYS MAINTAIN OUR OWN ROADS.
WE MAINTAIN OUR PROPERTIES TWICE A YEAR.
UM, NOT MUCH MORE THAT WE COULD OFFER.
OUR GOAL IS JUST TO BRING A SAFE ENVIRONMENT TO THE COMMUNITY AS WELL AS TO THE PEOPLE THAT STORE THEIR EQUIPMENT WITH US.
COMMISSIONER GARCIA, ANY QUESTIONS? UH, NO QUESTIONS.
I WILL SUPPORT STAFF RECOMMENDATION.
UH, MA'AM, WE HAD SOMEBODY THAT CAME IN AFTER AND WAS INTERESTED IN SPEAKING.
IT'S, IT'S UP TO YOU AS THE CHAIR AND THE, AND THE COMMISSION IF YOU WANNA ENTERTAIN THEM.
UM, I DON'T HAVE A NAME UP HERE, SO IF YOU CAN, FIRST AND LAST NAME AND YOUR ADDRESS PLEASE.
I AM A ENGINEER THAT WORKS FOR AND REPRESENTS MR. W FIREWORKS.
UH, MR W FIREWORKS OWNS TWO PROPERTIES THAT ARE DIRECTLY EAST AND ADJACENT TO THIS PROPERTY.
UM, I UNDERSTAND THAT THIS IS A PLAN AMENDMENT ONLY CHANGE RIGHT NOW.
UM, BUT OUR MAIN CONCERN IS WITHIN THAT PROPERTY THERE ARE TWO RESIDENTIAL PROPERTIES TO THE EAST.
AND JUST AS THIS OTHER GENTLEMAN WAS SAYING, IT'S A 50 FOOT WIDE INGRESS EGRESS EASEMENT THAT IS ON THIS PROPERTY THAT IS BEING REQUESTED TO HAVE THIS PLAN AMENDMENT CHANGE.
AND OUR CONCERN IS OBVIOUSLY WHAT IS THAT GONNA HAPPEN THERE? UH, WE UNDERSTAND THERE'S PROBABLY NOT A SITE PLAN YET.
THERE'S PROBABLY NOT A LOT OF INFORMATION YET AS FAR AS EXACTLY WHAT THIS LOOKS LIKE, BUT RIGHT NOW IT'S A SHARED DRIVEWAY THAT TWO OTHER RESIDENTIAL PROPERTIES SHARE WITH AND WHAT, YOU KNOW, WE JUST DON'T UNDERSTAND HOW A LIGHT INDUSTRIAL TYPE BUSINESS WILL SHARE A DRIVEWAY WITH TWO RESIDENTIAL DRIVEWAYS.
UM, THAT'S THE ONLY ACCESS TO GET TO THOSE TWO PROPERTIES IS THE RECORDED EASEMENT.
UM, SO IT HAS TO REMAIN WHEN THEY GO THROUGH THE PLATTING STAGE.
UH, BUT WE JUST DON'T HAVE AN ANSWER TO WHAT WILL HAPPEN HERE AND HOW THOSE RESIDENTIAL PROPERTIES WILL BE AFFECTED.
UH, SO AS A RESULT WE CAN'T SUPPORT THIS PLAN AMENDMENT CHANGE AND OR THE ZONING CHANGE, YOU KNOW, THAT'S COMING NEXT.
UH, AND THAT'S OUR MAIN CONCERN, THAT AS WELL AS THE FLOODPLAIN ISSUES.
UM, I DON'T KNOW HOW FAR BACK THEY'RE PROPOSING TO BUILD, BUT A MAJORITY OF THEIR PROPERTY AND SOME OF THE OTHER PROPERTY IS VERY INUNDATED WITH THE FLOODPLAIN.
SO WE'RE INTERESTED TO SEE HOW THOSE IMPROVEMENTS OR IF THEY PLAN ON DOING ANY IMPROVEMENTS TO THIS ROAD, UH, IF THEY'RE GONNA PLAN ON TURNING INTO A PRIVATE ROAD OR A PUBLIC ROAD, OR IF THERE'S ANY CONCERN AT ALL RIGHT NOW AS FAR AS HOW TO COEXIST BETWEEN A LIGHT INDUSTRIAL COMPLEX AND MULTIPLE SINGLE FAMILY COMPLEXES.
WE'LL CONTINUE WITH QUESTIONS COMMISSIONER SIEGEL.
WELL, UM, I THINK THAT IS A VALID CONCERN IF THIS PRIVATE ROAD IS EXPECTED TO BE USED FOR THE, UM, PURPOSE OF CONVEYING TRUCKS INTO THEIR, INTO THE LOT AND ALSO TO THE PRIVATE RESIDENCES BEYOND, UM, HAS THERE BEEN ANY OUTREACH TO THE NEIGHBORS TO DETERMINE HOW THAT ROAD WILL CONTINUE TO BE USED? YES.
SO WE'VE BEEN IN COMMUNICATION WITH THE OWNER OF THE PROPERTY AND HE HAS PLENTY OF SPACE ON THE LEFT SIDE OF HIS LAND THAT WOULD ALLOW US TO CREATE EITHER AN INGRESS OR AN RESS.
SO WE WOULD BE ABLE TO USE THE CURRENT ROAD TO EITHER COME IN, USE THE NEW ROAD TO EXIT, AND EVEN IF IT WAS JUST THE CURRENT ROAD, RIGHT NOW WE DON'T USE EQUIPMENT 24 7.
PLEASE UNDERSTAND THAT IF, IF YOU GUYS OWN AN RV, YOU USE IT ONCE A YEAR, TWICE A YEAR.
IT'S EQUIPMENT THAT JUST SITS.
IF WE'RE STORING HEAVY EQUIPMENT, THEY'RE NOT, IT'S NOT TRAFFIC IN AND OUT BECAUSE WE'RE NOT STORING THE SUPPLIES THAT THEY'RE MOVING.
SO THE TRUCK'S GONNA STAY DOWN FOR THREE DAYS, FIVE DAYS, AND THEN IT TAKES OFF.
AND IT'S NOT LIKE AT SIX IN THE MORNING, A HUNDRED TRUCKS ARE GONNA LEAVE OUT OUT OF THE LOCATION OR AT 6:00 PM A HUNDRED TRUCKS ARE GONNA COME IN.
WE STORE EQUIPMENT SHORT AND LONG TERM.
AND AGAIN, IF THE ROAD IS A CONCERN, AS I MENTIONED BEFORE, WE SERVICE OUR, OUR PROPERTIES TWO TIMES A YEAR.
THERE WOULD BE NOT IMMEDIATE DEVELOPMENT,
[00:50:01]
IT'S RAW END, WHAT WE UTILIZE, IT'S EXTERIOR STORAGE WOULD JUST BE FENCE, LIGHTING, GRAVEL, AND, AND THAT'S ABOUT IT.WITHIN THAT SAME GRAVEL, WE WOULD SERVICE THAT MAIN ROAD ALL THE TIME.
UM, OTHER THAN THAT, THERE'S NOT MUCH MORE THAT WE COULD CREATE AS FAR AS ADDITIONAL SPACE IN THAT EASEMENT BECAUSE THAT'S, IT'S ALREADY AT 50, UH, FEET WIDE.
WE HAVE THE OPTION TO CREATE A SECOND ROAD IF THAT'S WHAT'S NECESSARY, BUT WE DON'T BELIEVE IT WOULD BE AT LEAST AT THE VERY BEGINNING BECAUSE WE DON'T HAVE THAT CONSISTENT TRAFFIC.
ANY ADDITIONAL QUESTIONS, COMMISSIONER? NO, THAT COVERS ALL MY QUESTIONS.
YOU OKAY, COMMISSIONER PECK? I HAVE NO QUESTIONS.
UH, A QUESTION FOR STAFF ON, I DON'T KNOW IF THIS PROPERTY IS TO BE PLATTED OR NOT, BUT WHEN YOU HAVE A CASE OF PRIVATE EASEMENTS, DO THEY STILL HAVE THE SAME REQUIREMENTS FOR TRAFFIC IMPACT ANALYSIS, UH, INFRASTRUCTURE? UH, YES.
THIS PROPERTY, IF YOU NOTICE, UM, THE DESCRIPTION IS P UH, PARCEL EIGHT B.
SO THAT DOES LET YOU KNOW THAT THE, IT WILL NEED TO BE PLATTED PROPERLY.
NOT ONLY THAT, BUT THEY WILL ALSO HAVE BUILDING STANDARDS FOR, YOU KNOW, THE KIND OF MATERIALS THAT ARE ON THE GROUND IN ORDER TO STORE ALL OF THAT MACHINERY OR RVS.
THEY ALSO HAVE STRICTER SETBACK REQUIREMENTS IN AN L AGAINST, UH, NP.
SO THEY'LL HAVE A LARGER SETBACK RE REQUIREMENT.
I KNOW OFF THE TOP OF MY HEAD FOR I IT'S 30 FEET, BUT I'M GUESSING IT'S PRETTY CLOSE FOR L AS WELL, A, A SIGNIFICANT SETBACK.
THEY'LL ALSO HAVE LANDSCAPE BUFFER REQUIREMENTS AND ALSO FENCING REQUIREMENTS.
I THINK, I THINK FROM A PLANNED USE, WHICH IS OUR PURVIEW, THAT THIS IS THE RIGHT USE OF THE LAND, I JUST ENCOURAGE THE OWNERS TO WORK WITH THE NEIGHBORS TO, TO BE GOOD NEIGHBORS.
UH, THANK YOU COMMISSIONER CARDILLO HAYNES.
COMMISSIONER GARCIA? YES, I HAVE, UH, SEVERAL QUESTIONS.
WE HEARD ABOUT SOME FLOODPLAIN ISSUES.
WHERE DID, WHEN DID THOSE ISSUES GET ADDRESSED AND HOW TO MAKE SURE THE APPLICANT IS AWARE OF ALL THE ISSUES AND RESTRICTIONS THAT COME ALONG WITH THAT? SURE.
AND AGAIN, THAT'S AT THE PLANNING PHASE AND ALL OF THE REVIEWS GET ROUTED TO ALL OF THE DIFFERENT AGENCIES THAT NEED TO LOOK AT THE VARIOUS THINGS GOING ON WITH THIS, THIS PROPERTY.
SO THAT WILL GO TO SABRINA'S TEAM IN STORMWATER AND THEY WILL TAKE A LOOK AT THAT REQUIREMENT.
UM, THE APPLICANT IS, UH, HAS BEEN MADE, UH, HAS SPOKEN TO THE CASE MANAGER, AND SO THE CASE MANAGER HAS PASSED ON THE INFORMATION THAT ABOUT DEVELOPMENT STANDARDS.
BUT OF COURSE, UH, HE'S LEARNING, HE'S GETTING THAT REITERATED TODAY IN THE MEETING.
AND SO IF THERE ARE ANY OTHER QUESTIONS, WE'RE HAPPY TO HELP HIM THROUGH THE PROCESS, BUT THERE ARE A LOT OF DIFFERENT PARTS OF THE DIVISION THAT WILL BE TRIGGERED FOR AGENCY REVIEWS FOR THIS ITEM.
I WAS ALSO JUST WONDERING HOW DO WE END UP WITH, UM, ON THE PLAN USAGE ON THE LAND USAGE MAP? WE'VE GOT A LITTLE PIECE OF LOW DE, LOW DENSITY RESIDENTIAL SURROUNDED BY LIGHT INDU BY INDUSTRIAL AND LIGHT INDUSTRIAL.
YES, IT THAT, THAT'S VERY, UH, CLEAR HERE.
UH, I'M GUESSING IT PART OF THE, WHEN THAT EASTERN TRIANGLE PLANT COMMUNITY PLAN WAS DISCUSSED, THEY PROBABLY, THERE WAS SOME OF THAT LIGHT INDUSTRIAL ALREADY IN PLACE.
AND SO, AND ALSO BEING ALONG US HIGHWAY 87, UM, THE INDUSTRIAL WAS APPROPRIATE.
AND SO I'M GUESSING THAT A FEW OF THOSE PIECES NEEDED REZONING, BUT IT NEVER ACTUALLY HAPPENED AFTER THE, THE PLAN WENT IN INTO PLACE.
AND THEN JUST ONE QUESTION FOR THE APPLICANT.
YOU MENTIONED THERE WAS A CERTAIN LAW THAT YOU ARE TRYING TO COMPLY WITH, UM, REGARDING PARKING OF HEAVY MACHINERY.
WHICH, WHICH BILL WAS THAT? IT'S CALLED ADJACENTS LAW.
IT'S M A P DASH 21 PL ONE 12 DASH 1 41.
SO FOR STAFF, IT LOOKS LIKE THE SITE HAS, UH, TO THE EAST OF IT A PRELIMINARY PLA FOR A VERY LARGE RECYCLING CENTER.
AND THEN THERE'S A PAINT AND BODY SHOP, AND THEN THERE'LL BE THIS USE AND THEN THERE'S MORE LIGHT INDUSTRIAL AS YOU GO DOWN THE AXIS ROAD.
IT IS THAT PRETTY MUCH THE, THE CRUX OF WHY THIS WAS A STAFF RECOMMENDATION FOR APPROVAL, JUST CON LOOKED TO THE AREA, LOOKED RIGHT.
BASICALLY WE LOOKED AT LAND USE IN THE AREA AND THE USES OF THE ACTUAL PROPERTIES IN THE AREA.
AND YES, THE INDUSTRIAL AND LIGHT INDUSTRIAL ARE APPROPRIATE.
ANY OTHER QUESTIONS FROM COMMISSIONERS?
[00:55:01]
IF NOT, I'LL ENTERTAIN A MOTION.A MOTION BY COMMISSIONER PROFIT.
WAS THAT A SECOND BY COMMISSIONER OREN? YES.
COMMISSIONER CARILLO HAYNES? YES.
COMMISSIONER CHRISTOPHER GARCIA? YES.
COMMISSIONER MICHAEL GARCIA? YES.
WE HAVE ONE MORE ITEM, UM, BUT WE'RE GONNA TAKE A QUICK FIVE MINUTE BREAK IF THAT'S OKAY.
ANTICIPATING THAT IT'LL BE A LITTLE BIT LONG.
SO IT IS, UM, WE WILL GET BACK HERE AT 10 0 5.
WE HAVE A QUORUM AND I THINK WE ARE READY TO PROCEED.
WE'LL CALL THE MEETING BACK TO ORDER.
[Other Items ]
ON TO ITEM NUMBER 26, STAFF PRESENTATION ON THAT.UM, THIS IS FOR THE A TREE VARIANCE APPEAL.
UM, THIS CAME IN FOR AN ADMINISTRATIVE EXCEPTION, UM, THAT WAS REVIEWED BY STAFF.
AND THEN, UH, AN APPEAL TO THE DIRECTOR.
UM, SO THIS IS, THIS CAME IN UNDER T P V 21 DASH 1 47, WHICH IS OUR A V R NUMBERING SYSTEM.
SHELL, UM, UNDER COMMERCIAL PROJECT NUMBER 21 DASH 3 9 8 0 1 9 7 7.
AND IT'S LOCATED AT 3 5 4 5 WISEMAN BOULEVARD.
UM, AND THE ADMINISTRATIVE EXCEPTION CAME IN FOR, UH, SECTION 35 5 23 F AND TABLE 5 23 DASH ONE A.
UM, AND IT'S FOR FALLING BELOW THE MINIMUM PRESERVATION FOR BOTH SIGNIFICANT TREES AND HERITAGE TREES.
THE MINIMUM PRESERVATION FOR HERITAGE TREES IS A HUNDRED PERCENT.
THE MINIMUM PRESERVATION FOR SIGNIFICANT TREES IS 40%.
BOTH OF THOSE CAN BE TAKEN DOWN TO 20% AND MITIGATED BACK UP.
UH, THE OWNER IS JOHN RAY WITH MICROSOFT CORPORATION AND THE APPLICANT WAS DAVID LUNDBERG WITH WALTER P. MOORE.
UM, THE HARDSHIPS THAT THEY EXPRESSED WAS, UH, THERE'S A GONNA BE SUBSTANTIAL REGRADING ON THE ENTIRE SITE TO ACCOMMODATE THE BUILDING PADS AND TRAFFIC CIRCULATIONS AND NUMEROUS TRENCHES FOR THE UTILITIES.
UM, THAT WOULD REQUIRE THE REMOVAL OF THE EXISTING TREES.
THE, AS I SAID BEFORE, THE MINIMUM PRESERVATION FOR THE SIGNIFICANT AND HERITAGE CAN GO DOWN TO THE 20%.
UM, THE PRESERVATION PROPOSED ON THE INITIAL SUBMITTAL WAS 3.02% FOR THE SIGNIFICANT AND 4.49 FOR THE HERITAGE.
UM, TOTAL PROTECTED INCHES WAS 20,041 FOR SIGNIFICANT AND 534 FOR HERITAGE, AND THEY WERE SLATING TO REMOVE 19,435 OF THE SIGNIFICANT AND 510 OF THE HERITAGE.
THE MINIMUM 20% PRESERVATION WOULD'VE BEEN, UM, 4008.2 FOR SIGNIFICANT AND 106.8 FOR THE HERITAGE.
AND THEIR PROPOSED PRES PRESERVATION WAS 606 FOR SIGNIFICANT AND 24 FOR THE HERITAGE TO MITIGATE, UM, THE TOTAL OF THE 8964.2 INCHES, UM, WHICH CONTAINS 1,530 FOR HERITAGE, PLUS THE 7525.2 FOR THE SIGNIFICANT TREES.
AND WE SUBTRACTED THE 91 INCHES OF THE NON-PROTECTED TREES THAT THEY WERE PRESERVING WITHIN THEIR, SOME OF THEIR CLUSTERS, WHICH GIVES THEM A TOTAL OF 8964.2.
UM, THEY WERE PROPOSING TO PLANT 833 TREES, WHICH TOTALED TO 1,836 INCHES, BUT LEFT 7386.2 INCHES REMAINING TO BE MITIGATED.
THEY WERE GONNA DO PAYMENT AT $200 AN INCH, WHICH IS $1,477,240.
UM, FOR OUR VARIANCE, OUR ADMINISTRATIVE EXCEPTION REVIEW, WE RECOMMENDED DENIAL ON NOVEMBER 4TH.
THEY DID APPEAL TO THE DIRECTORS ALLOWED IN THE CODE, UM, ON NOVEMBER 16TH.
THE DIRECTOR DID DENY THIS ON NOVEMBER 18TH, AND THE PLANNING COMMISSION APPEAL CAME IN ON DECEMBER 6TH.
UM, STAFF STILL DOES NOT SUPPORT THE APPEAL.
[01:00:01]
THANK YOU, STEVEN.UM, AND FOR THE RECORD, I'D LIKE TO NOTE THAT, UH, CHAIRWOMAN, MADAME CHAIR GONZALEZ AND COMMISSIONER CARILLO HAVE BOTH LEFT THE MEETING AND WILL NOT RETURN.
SO, UH, I, THE VICE CHAIR GEORGE PECKHAM TAKING OVER THE MEETING.
IS THE APPLICANT, UH, WANNA APPROACH THE PODIUM? UH, THANK YOU MR. PECK.
UH, MY NAME IS BILL KAUFMAN WITH THE KAUFMAN GROUP 100, UH, 100 WEST HOUSTON STREET, SAN ANTONIO, TEXAS.
AND THE FIRST THING I'M GONNA SAY IS I'M NOT GONNA REPEAT ANY OF THOSE NUMBERS YOU SAW IN THE LAST FOUR SLIDES BECAUSE WE DO HAVE PEOPLE THAT CAN ADDRESS THE ACTUAL INCHES.
AND LET'S SEE IF YOU GO TO THE NEXT SLIDE.
UH, IN ATTENDANCE TODAY IS THE, THE TEAM THAT'S HAVE IN PART THAT'S WORKED ON THIS PROJECT.
THEY'RE ALL HERE AND ABLE TO ANSWER ANY QUESTIONS YOU MAY HAVE ABOUT STAFF'S PRESENTATION OR ANYTHING ELSE.
WE'VE GOT THE CIVIL ENGINEERS, WE'VE GOT THE, UH, ARCHITECTS, AND WE HAVE THE LANDSCAPE ARCHITECTS AND, AND ATTENDANCE.
WHY ARE WE HERE? UH, IT WAS CLEAR WHEN THEY, MICROSOFT BOUGHT THE SITE BACK IN AND EVEN BEFORE IN JANUARY OF THIS YEAR, THEY WALKED THE SITE.
THEY COULD TELL THAT THERE WERE SEVERE TOPO AND THEY KNEW A CERTAIN AMOUNT OF GRADING OR REGRADING WAS GONNA BE NECESSARY.
UM, AND THEY HAD A INKLING THAT BECAUSE OF THE GRADING NEEDS THAT THERE WOULD, WOULD HAVE TO BE SIGNIFICANT TREES THAT WOULD HAVE TO BE REMOVED.
UH, THEY DID SUBMIT A, A PARTIAL PERMIT, UH, TO REMOVE TREES.
UH, A MONTH LATER IT WAS GRANTED BY THE CITY.
AND THEN SIX WEEKS LATER, THE CITY RECOGNIZED IT WAS GRANTED BY MISTAKE AND CLEARLY A MISTAKE.
SO THEY, THEY SAID, OOPS, WE'VE GOT AN ISSUE.
THEY HAD A NUMBER OF MEETINGS WITH CITY STAFF, BOTH REVIEWERS PLAN REVIEWERS, AND THE ARBORIST AND THE ARBORIST SECTION.
LOTS OF MEETINGS, LOTS OF EMAILS BACK AND FORTH TRYING TO IMPROVE THE PLAN.
AND ONE OF THE THINGS I'LL NOTE HERE IS WHEN WE GET TO IT, OUR NUMBERS ARE, THERE'S A DISCREPANCY BETWEEN OUR NUMBERS AND THEIRS THAT REALLY AREN'T VERY MATERIAL.
BUT WE BELIEVE STAFF WAS JUDGING THEIR ANALYSIS BASED ON THE ORIGINAL SUBMITTAL AND NOT THE AMENDED SUBMITTALS THAT CAME LATER IN THE COURSE OF NEGOTIATIONS BACK AND FORTH.
MICROSOFT WAS HOPEFUL THAT THESE CHANGES THEY MADE ADDING ADDITIONAL TREES, INCREASING B UH, INCREASING BUFFERS, BOTH IN SIZE AND IN PLANTINGS, WOULD HELP GET STAFF SUPPORT.
AND THE A E E R, UH, VR HAD TO BE FILED AND IT'S WORKED ITS WAY UP TO THE SYSTEM TO YOU.
NOW, UH, THEY ASKED ME TO HELP KIND OF BELATEDLY IN THIS PROCESS IN THAT WE'RE A LAND USE LAW FIRM AND WE, WE WORKED ON THE TREE ORDINANCE FOUR TIMES OVER ITS HISTORY.
AND I DO RECALL THE TALKING ABOUT THE APPEAL PROCESS.
AND THE REASON WAS, AND THE REASON IT'S PUT IN THE CODE, WE ALL CLEARLY UNDERSTOOD SITES ARE DIFFERENT TO, UH, TOPOGRAPHY IS DIFFERENT TYPE OF TREES ARE DIFFERENT.
MAYBE ONE'S VIEWS OF NEW TREES VERSUS OLD TREES MAY BE DIFFERENT.
SO WE PUT IN THIS APPEAL PROCESS AND THAT'S WHY WE'RE HERE TODAY TO ASK YOU TO, UH, APPROVE OUR EXCEPTION AND OUR VARIANCE.
THE, UH, THIS IS THE EXISTING SITE, UH, TO THE LOWER RIGHT IS THE VALERO DATA CENTER, I THINK, UH, RIGHT HERE.
THIS IS THE STONEGATE SUBDIVISION.
UH, AND, UH, IT IS ALREADY ZONED INDUSTRIAL VALERO AND, UH, INTENDED AT ONE TIME TO EXPAND THEIR DATA CENTERS, WE BELIEVE.
AND THESE, THESE WERE GONNA BE DATA CENTER EXPANSION SPACE FOR VALERO.
THEY EVENTUALLY DECIDED THEY WEREN'T GONNA DO THAT AND, AND EVENTUALLY SOLD THE, THE PROPERTY TO MICROSOFT THIS YEAR.
IT IS A VERY ROCKY SITE, WHICH WE'LL DISCUSS IN A MINUTE.
UH, HERE'S SOME, SEVERAL PICTURES I DIDN'T WANNA BURDEN YOU WITH TOO MANY.
IT'S A VERY DUSTY, ROCKY, UH, SITE WITH VERY LITTLE TOPSOIL LEFT.
MANY ARE UNHEALTHY OR, UH, YOU KNOW, IRREGULAR TREES.
A LOT OF UNDERSTORY GROWING THROUGH THE TREES.
UM, THE SITE POSES A NUMBER OF HARDSHIPS AND, UH, I THINK YOU'RE FAMILIAR WITH THAT CONCEPT.
AND YOU CAN SEE THE VALERO, AGAIN, THE VALERO DATA
[01:05:01]
CENTER HERE.IT'S, UH, 60, AT LEAST 60 FEET FROM THE LOWEST POINT TO THE HIGHEST POINT.
UNFORTUNATELY, THE HIGHEST POINT IS RIGHT HERE AT ONE OF THE HIGHEST POINTS IN IT BUTS THE NEIGHBORHOOD.
UH, AND SO ALL THESE, THESE CONSIDERATIONS WERE VERY IMPORTANT AS YOU CITE THE PROPERTY AND DETERMINE WHERE THESE FACILITIES ARE GONNA GO.
UH, THEY, YOU CAN SEE DOWN HERE LEFT, THEY DID A CROSS-SECTION TO SHOW YOU WHAT A HOUSE WOULD BE AND WHAT IS 60 FEET.
YOU KNOW, THAT'S, THAT'S A FOUR STORY.
UH, WELL, 30 FEET OR 27 FEET IS A ONE STORY BUILDING.
AND I'LL TALK IN A MINUTE ABOUT THE DISCUSSIONS WE'VE HAD WITH THE STONEGATE SUBDIVISION NEXT DOOR, UH, LOCATION OF THE TREES.
YOU KNOW, YOU'RE DEALT WITH THE HAND THAT YOU'RE, YOU, YOU GOTTA DEAL WITH THE HAND YOU WERE DEALT.
THE HIGHEST CONCENTRATION OF TREES IS HERE, AT LEAST THE CANOPY IS UP HERE.
AND, UH, YOU KNOW, THEY WERE MINDFUL IN DESIGNING THE, THE PLAN TO DEAL.
HOW DO WE DEAL WITH THIS NEIGHBORHOOD? WE HAVE A, MICROSOFT HAS ANOTHER DATA CENTER ON THE OTHER SIDE OF THE NEIGHBORHOOD, AND WE'VE MET WITH THE NEIGHBORHOOD MANY TIMES ABOUT THAT.
AND THEY TOLD US WHAT THEY DON'T LIKE.
AND I'LL, AND I'LL MENTION THAT IN A MINUTE.
UH, FINALLY, THE C P SS EASEMENTS ENCOMPASS, UH, OR CIRCLE A GOOD PORTION OF THE SITE.
THEY'RE, UH, VERY, UH, THEY'RE VERY WIDE.
I THINK THEY'RE, LET'S SEE, UM, UH, SEVEN 16 TO 28 FEET.
UM, SO YOU'VE GOT A DESIGN AROUND THAT.
YOU CAN'T PUT TREES WITHIN THAT C P S EASEMENT.
YOU'VE GOTTA REMOVE TREES THAT ARE ALREADY INFRINGING UPON THAT EASEMENT.
AND THEY HAVE, OVER THE YEARS, IT HASN'T BEEN WELL MAINTAINED.
THERE'LL BE UNDERGROUND TRENCHES FOR UTILITIES THAT, UH, THAT, UH, UNFORTUNATELY TAKE TREES AND, AND THE GRADING THAT AS YOU GRADE THE SITE TO DEAL WITH THE ELEVATION CHANGES, YOU'RE GONNA, UNFORTUNATELY YOU'RE GONNA LOSE TREES.
UH, EXTENSIVE OUTREACH OVER THE PAST, UM, WE PRESENTED THIS PLAN YOU SEE ON THE SCREEN TO, UH, NOT ONLY THESE ENTITIES, BUT ALSO THE STONEGATE SUBDIVISION AND GOT COMMENTS.
THEY REALLY DIDN'T FOCUS ON THE LANDSCAPE PLAN.
I DON'T, I DON'T RECALL GETTING VERY MANY COMMENTS ABOUT THAT.
THEY WEREN'T, AT THE TIME, THEY WEREN'T REALLY, UH, CONCERNED WITH THAT.
NUMBER TWO AND NUMBER THREE ISSUES WERE THE HEIGHT OF THE FACILITY BECAUSE THE ONE ON THE OTHER SIDE IS HIGH.
AND WE'VE HAD MANY, MANY DISCUSSIONS ABOUT THAT.
IN FACT, WE STARTED ENGAGING IN WITH THEM ON THE OTHER SIDE THAT WAS ALREADY BUILT BECAUSE THEY WERE COMPLAINING THEY COULD SEE THE BUILDING FROM THEIR BACKYARDS.
UM, CURRENT DESIGNED, UH, AGAIN, WE WANTED TO HAVE GOOD BUFFERING BETWEEN THE NEIGHBORHOOD.
WE WANTED TO MAINTAIN A SINGLE STORY HEIGHT.
WHY IS THAT IMPORTANT? YOU'LL FIND OUT AT THE END AND SOMETHING THAT WAS AVAILABLE TO BE SCREENED WITH LANDSCAPING, ET CETERA.
UH, THERE'S SOME ADDITIONAL BENEFITS TO THIS PLAN THAT YOU SEE.
UH, THE ACOUSTIC MITIGATION IS, THERE WERE NO CHILLERS OR, UH, GENERATORS, OBVIOUSLY ON THE TOP OF THE BUILDINGS BECAUSE THEY DIDN'T WANT TO.
NEIGHBORS DIDN'T WANNA LOOK AT THEM.
SO THEY'RE ON THE GROUND, THEY'RE AWAY FROM THE NEIGHBORHOOD.
THEY'RE SURROUNDED BY A 14 FOOT WALL THAT HAS CERTAIN COMPONENTS THAT HELP MEDICATE ANY SOUND.
AND THE SECOND THING IS THE CANOPY COVER.
WELL, YOU'LL LEARN IN THIS IS THAT I DUMBED IT DOWN FOR ME.
THERE'S TREE CALIBER, HOW MANY INCHES AND THERE'S TREE CANOPY.
IN THE TREE CANOPY TEST, YOU'RE ALLOWED TO, TO COUNT NEW TREES.
AS WELL AS TREES RETAINED IN GETTING TO YOUR NUMBER.
IN DETERMINING THE CALIBER, YOU'RE NOT ALLOWED TO COUNT THE NEW TREES.
SO ON THE CANOPY, WE EXCEED BY ALMOST 50% THE, THE AMOUNT REQUIRED BY THE U D C OVER 800 NEW TREES THAT WE CAN GO INTO.
WHAT THEY ARE, THEY'RE A MIXTURE OF TREES AND THEY'RE, THEY'RE BIGGER TREES THAN NORMALLY.
YOU PLANT, YOU'RE ONLY REQUIRED TO PLANT AN INCH AND A HALF CALIBER TREE.
AND THESE ARE, MANY OF THEM ARE THREE TO FOUR INCHES.
LOTS OF DIFFERENT TREES BEING A GOOD NEIGHBOR.
UH, AND THIS IS QUICKLY, SUB SLIDES
[01:10:01]
GO TO THE NEXT SLIDE OF WHAT IT'S INTENDED TO LOOK LIKE WITH THE PLANTINGS.THESE ARE, YOU KNOW, ADMITTEDLY SELF-SERVING, YOU KNOW, PHOTOS, BUT WITH MATURE TREES, WHAT IT'S GONNA LOOK LIKE, A NICE FENCE.
IT'S, UM, GOTTA BE, UH, JUST HOLD ON.
CAN YOU GO BACK TO THAT? JUST A MINUTE.
UM, PART OF THE ISSUES, BY THE WAY, ON PLANTING OF TREES IS A SECURITY ISSUE.
IT HAS TO BE SO FAR FROM THE FENCE SO THEY CAN OBSERVE, YOU KNOW, PEOPLE GETTING IN.
SO, UH, THIS TALKS ABOUT GENERALLY WITHOUT A WHOLE BUNCH OF NUMBERS, THIS IS A SUMMARY OF THE ADDITIONAL MEASURES THAT WERE NEGOTIATED WITH THE, UH, DEPARTMENT STAFF.
WE THOUGHT AT THE END OF THE DAY, THERE WERE GONNA BE ENOUGH TO GET THEIR APPROVAL.
WE FAILED AT THAT, QUITE HONESTLY.
UH, THESE ARE THE ADDITIONAL TREES THAT WERE NEGOTIATED.
I SAY NEGOTIATED CONCEDED TO ABOVE AND BEYOND WHAT THE PLAN SHOWED.
SO ONCE WE FOUND OUT THERE WAS AN ISSUE, ONCE WE SUBMITTED, WE KNEW WE WERE GONNA HAVE TO DO SOMETHING.
THEY MET WITH THE ARBORIST AND CAME UP WITH A NUMBER OF SUGGESTIONS OF HOW TO BRIDGE THE GAP.
UH, THIS IS OUR, OUR, UH, UM, QUICK SYNOPSIS OF THE CALIBER PROBLEM.
WE DON'T, AGAIN, WE DON'T HAVE A PROBLEM WITH THE TREE CANOPY.
WE MEET IN, FAR EXCEED THE TREE CANOPY.
UM, YOU CAN SEE, UM, THE U D C REQUIREMENT.
WE, INSTEAD OF SAYING 80%, IT'S 20%.
AND WITH, UM, UH, IF YOU COUNT THE N NEW TREES THAT WE'RE PLANTING, WE WOULD EXCEED THE 20%.
BUT UNFORTUNATELY, UNDER THE CODE AS WRITTEN, WE CAN'T COUNT THE NEW PLANTINGS.
AND IT REMINDS ME OF A CASE WHEN RIGHT AFTER WE HAD NEGOTIATED A FIRST OR SECOND TREE ORDINANCE, THERE WAS A LOT IN, UM, MEDICAL CENTER THAT HAD ONE TREE RIGHT IN THE MIDDLE.
IT WAS A SMALL LOT, IT WAS LESS THAN AN ACRE, AND YOU COULDN'T BUILD ANYTHING.
AND SO WE PROPOSED, UH, WE PROPOSED, WELL, WE'LL PLANT 18 TREES, WE'LL TAKE 'EM AWAY.
OLD ONE OLD, IT WASN'T EVEN A HERITAGE TREE, AS I RECALL.
AND WE'LL PLANT 18, BUT UNDER THE CODE, THAT'S NOT ALLOWED, AT LEAST AT THE TIME, UNDER THOSE RULES.
AND SO, UH, WHICH BRINGS TO BEAR, WHEN WE NEGOTIATED THE TREE ORDINANCE, AGAIN, WE UNDERSTOOD THERE WILL BE TIMES YOU NEED VARIANCES.
I WILL TELL YOU, HAVING WORKED ON THE TREE ORDINANCE FOUR TIMES, I CAN ONLY REMEMBER ONE OTHER TIME I'VE BEEN BEFORE THE COMMISSION ON A TREE VARIANCE, BECAUSE 99% OF THE TIME YOU'RE GONNA WORK IT OUT WITH STAFF.
AND THIS CASE, BECAUSE OF THE, THE AMOUNT OF TREES AND THE SIZE, WE WERE UNABLE TO DO THAT.
THIS IS AGAIN, GOING BACK TO THE TREE CANOPY CANOPY ISSUE, UM, SHOWING YOU, UH, UH, HOW WE EXCEED BY 50% WHAT WE'RE REQUIRED TO DO.
ALL RIGHT, LET'S, WE CAN GO ON THE NEXT SLIDE, PLEASE.
THIS GETS INTO THE WEEDS ON THE PUBLIC INTEREST THERE.
YOU KNOW, THE, THE SUGGESTION FROM THE, THE DIRECTOR WAS, YOU KNOW, EITHER NOT IN THE PUBLIC INTEREST OR THE PUBLIC GOOD OR WHATEVER.
AND THIS, THIS SLIDE IS INTENDED TO MEMORIALIZE ALL THE DIFFERENT EXAMPLES OF WHAT WE THINK ARE IN THE PUBLIC INTEREST.
ONE OF WHICH, UH, OF COURSE, REPLACING OLDER TREES, UNHEALTHY TREES WITH NEW TREES.
I, I UNDERSTAND SOME PEOPLE MAY DIFFER ABOUT THAT, BUT I'VE TALKED TO MANY IN THE FIELD THAT PREFER A NEW TREE BECAUSE IT'S GONNA LAST LONGER.
SOME OF THESE OLD TREES ARE ON THEIR LAST LEG, NOT SUGGESTING ALL THE TREES ARE UNHEALTHY.
UM, THE INDUSTRIAL USE SITE, IT IS AN INDUSTRIAL SITE.
AND FOR THE NEIGHBORHOOD, I REALIZE THIS IS NOT NECESSARILY IN YOUR PURVIEW, BUT IT IS A PUBLIC INTEREST.
THEY'RE A LOT BETTER OFF WITH A DATA CENTER, WHICH IS CLEAN, NO OUTSIDE STORAGE, ONLY 30 PEOPLE ON A SHIFT, NO TRAFFIC, UH, AND HEAVILY SCREENED, WHICH YOU WOULD NOT HAVE TO DO FOR ANOTHER INDUSTRIAL USER.
SO IF, IF YOU'RE STUCK WITH IT, THIS IS THE BEST OF ALL WORLDS FOR A NEIGHBORHOOD.
UM, WITH THE PLANTINGS IN THE ADDITION OF TOP SOIL, IT'S GONNA REALLY, UH, REDUCE THE EROSION THAT'S ALREADY OCCURRING.
[01:15:01]
AND, UH, SO THEY'RE, THEY'RE POINTS ADDRESSING THAT.THE REGRADING AND THE, THE PLANTING AND UH, UH, UH, NATURAL GRASSES AND THINGS LIKE THAT.
THE SCREENING WE'VE TALKED ABOUT, IT IS GONNA BE LEAD GOLD CERTIFICATION, WHICH FOR MANY IS VERY, VERY IMPORTANT.
UM, AND THEN FINALLY, BUT IMPORTANTLY IS THE TREE MITIGATION FUND.
NOW YOU SAY, WHY IS IT 1.47 MILLION, WHICH IS IN THE STAFF SLIDE? AND THAT'S BECAUSE EVERY TIME YOU ADD ADDITIONAL TREES, YOUR MITIGATION FUND DROPS.
SO SINCE DEALING WITH STAFF, WE ADDED MORE TREES.
WE'RE FOUND A PLACE TO PUT MORE TREES.
SO THE AMOUNT YOU HAVE TO PUT IN THE MITIGATION FUND IS REDUCED.
IT'S STILL A HUGE NUMBER, AND IT, IT, I DON'T KNOW WHAT THE TOP IS THAT'S EVER BEEN PAYING THAT FUND.
AND WHY IS THAT SIGNIFICANT? BECAUSE IT CAN BE USED TO PLANT MORE TREES.
IT'S SUPPOSED TO BE PLANT MORE TREES SO YOU DON'T GET CREDIT IN THE FORMULA.
ALL THOSE NUMBERS YOU SAW IN THE STAFF PRESENTATION FOR GIVING MONEY TO PLANT HUNDREDS AND HUNDREDS AND HUNDREDS OF TREES.
AND SO IT TO, TO ME, THAT'S SERVING THE PUBLIC PURPOSE.
AND THAT'S WHY THE FUND EXISTED.
WE, WE RECOGNIZED YOU COULDN'T SAVE EVERY TREE.
UH, IF WE COULD GO BACK TO SLIDE 11, I BELIEVE.
CAN YOU FIND IT FOR ME? ALL RIGHT.
SO YOU SEE THE PRESENT SITE LAYOUT IS, THERE'S A LONG NARROW BUILDING GOING NORTH AND SOUTH.
THERE'S A BUILDING TO THE RIGHT THAT GOES HOUSTON WEST, AND THEN BELOW IS, THAT'S A C P S SUBSTATION TO SERVE THE NEEDS.
AND THEN WE CAN GO BACK TO, IF WE'RE UNABLE TO, I'LL GO ONE MORE TIME, BACK TO 10, ONE MORE TIME TO BE FULLY TRANSPARENT.
WE CAN MEET THE CODE, BUT AT GREAT COST.
AND HOW DO YOU DO IT? YOU ELIMINATE THE SMALLER BUILDING GOING EAST AND WEST, YOU KNOW, BACK AND YOU ADD IT ON THE TOP OF THE LONG BUILDING, GOING NORTH AND SOUTH.
AND SO YOU END UP WITH A TWO STORY BUILDING THAT'S APPROXIMATELY 60 FEET IN HEIGHT.
AND THAT STARTED TO SAY EARLIER, THAT'S A FOUR STORY APARTMENT COMPLEX.
A FOUR STORY OFFICE BUILDING, PROBABLY 15 FEET, RIGHT TOWARDS 15 FEET OF FLOOR TIMES FOUR.
UM, NOW WHAT DID I TELL YOU? THE NEIGHBORHOOD WANTED OF ALL THINGS.
DO NOT PUT A TALL BUILDING NEXT TO ME AND IT'S, AND BE ON THE HIGHEST POINT OF THE PROPERTY.
IT'S THE WORST FACTS THAT WE COULD BE FACED WITH.
SO WOULD IT BE LESS EXPENSIVE NOT TO DO TWO STORES? YES, THERE'S A BENEFIT TO MICROSOFT FINANCIALLY TO DO THAT, BUT THIS IS WHAT HAPPENS.
YOU WON'T SEE US ANYMORE ON THIS ISSUE.
NEIGHBORHOOD DOESN'T GET ALL THE BUFFERING, THEY DON'T GET ALL THE SCREENING AND THEY'RE STUCK WITH A TWO FOUR STORY OR 60 FOOT, UH, INDUSTRIAL BUILDING.
IT'S JUST THE ONLY THEY OWN THE LAND HOUSE.
UH, THEY ASKED ME YESTERDAY, SHOULD WE START DESIGNING THAT? I SAID, DON'T DO THAT.
BUT FIRST OF ALL, WE, WE GOTTA TELL THE NEIGHBORHOOD AND THEY'RE GONNA FALL APART TO US.
AND SECONDLY, WE'RE HOPEFUL THAT YOU'LL SEE THE MERITS TO WHAT WE'RE PRESENTING TODAY.
UH, YES, NO VARIANCE REQUIRED.
COMPACT DESIGN, REDUCED PARKING.
I DON'T THINK THOSE ARE THE BIG ISSUES.
THE BIG ISSUES ARE THE SECOND BULLET UNDER CONCERNS THE 60 FOOT STRUCTURE.
OKAY, SO LET ME, LET ME CLOSE WITH THIS.
UH, I MENTIONED TO YOU THAT SIGHT'S BURDEN WITH HARDSHIPS AS YOU RECALL, THE TOPO, THE WHERE THE TREES ARE, UM, THE IRREGULARLY SHAPED PART WE'RE FACED WITH THAT AND THE UNDERGROUND UTILITIES, THE EXTENSIVE GRADING THEY NEEDED ON THE SITE AND THE SECURITY ISSUES.
BUT WE'RE ALSO POINTED OUT THAT WE BELIEVE THE DATA CENTER IS THE BEST USE FOR EVERYBODY CONCERNED ON THE SITE.
SO ONE OF THE THINGS I REALIZED, YOU KNOW, WHAT IS A DATA CENTER?
[01:20:01]
AND JUST A QUICK TUTORIAL FOR THOSE THAT MAY NOT KNOW.IT'S A FACILITY THAT CENTRALIZES COMPUTERS TO DISSEMINATE INFORMATION.
BASICALLY IN OUR CASE, IT'S THE CLOUD.
IT'S QUIET, IT'S ENVIRONMENTALLY CONSTRUCTED, IT'S ENVIRONMENTALLY PROTECTED, EXTENSIVE SCREENING, MINIMAL HIGH WAGE EMPLOYEES, WHICH IS A GODSEND OF THE NEIGHBORHOOD 'CAUSE THEY ARE FAKE.
I MENTIONED CHILLERS, SCREENED, ANYTHING OF OBJECTIONABLE IS SCREENED.
UM, A SIGNIFICANT CONTRIBUTION TO THE TREE MITIGATION FUND TO TAKE, PUT TREES ON OTHER SITES, EITHER CLOSE BY OR WHEREVER THE CITY DECIDES.
IT'S A NET ENVIRONMENTAL IMPROVEMENT IN OUR MIND.
BUT TO US, US PLEASE HELP US AVOID THE A SCENARIO WHERE WE HAVE TO GO BACK AND TELL THAT NEIGHBORHOOD WE FAILED AND WE FAILED.
BECAUSE WHAT WE CAN'T DO THE BUILDING WE TOLD YOU TO DO, AND WE DON'T WANNA BE PUT IN THAT POSITION.
UM, WE HOPE YOU RECOGNIZE ARCHITECTS CAN DISAGREE ON WHAT A BUILDING OUGHT LOOK LIKE.
ARBORISTS CAN DISAGREE WHETHER NEW TREES OR OLD TREES ARE MORE IMPORTANT.
UM, BUT WE, IF YOU GIVE CREDIT FOR THE NEW TREES BEING PLANTED, WE FAR EXCEED THE MINIMUM THRESHOLD ALMOST BY A HUNDRED PERCENT.
SO WE'D ASK YOU TO, UH, WEIGH THE PROS AND CONS INTO SUPPORT OUR EXCEPTION, VARIANCE REQUEST OF STAFF.
AND WITH THAT, I'LL STOP, BE, HAD HAPPY TO ANSWER ANY QUESTIONS OF SOMETHING I SAID.
HOPEFULLY I DIDN'T MISSPEAK, BUT IF YOU NEED TO GET TECHNICAL ANSWERS, WE HAVE THE PEOPLE SITTING RIGHT BEHIND ME THAT CAN JUMP IN.
THERE'S NOBODY TO SIGN UP TO SPEAK.
SO WE'LL MOVE RIGHT INTO COMMISSIONER QUESTIONS.
WE'LL START ON THE LEFT WITH COMMISSIONER BUSANTE.
SO I'M GONNA NEED THE LANDSCAPE ARCHITECT AND THE CIVIL ENGINEER TO COME UP.
AND JACOB, I'LL HIT YOU AFTER I TALK TO THEM.
UH, SO LANDSCAPE ARCHITECT FIRST.
OKAY, SO, UM, FIRST OF ALL, THERE'S A, I'M LOOKING AT HARDSHIP.
SO THERE'S A NUMBER OF HERITAGE TREES.
ARE THEY, ARE THEY, UH, WHERE THEY SPACE IT ON THEIR PROPERTY? ARE THEY MOSTLY COLLECTED IN ONE AREA? THE, THE, UH, SO GOOD AFTERNOON OR MORNING? UM, BRENDAN WITCH STRUCK ASCO ROBINSON.
SO THERE ARE 19 TOTAL HERITAGE TREES IN THAT COUNT.
THE VAST MAJORITY OF THOSE ARE IN THE, UM, NORTHEAST SEGMENT OF THE SITE.
UH, WE'RE BUILDING TWO IS LOCATED.
UH, THERE'S A HANDFUL OF THEM ALONG THE NORTHERN BOUNDARY OF THE SITE.
UM, THE ISSUE, THE ISSUE WITH THOSE, WITH THE C P S REQUIREMENTS, UH, BEYOND THOSE SPORADIC HERITAGE TREES, UH, TREES, UH, THE ENTIRETY OF THE REMAINING HERITAGE TREES ARE WITHIN THAT QUADRANT.
AND THEN, UM, WHAT IS YOUR, YOUR IMPERVIOUS COVER PERCENTAGE? DO YOU KNOW? DO YOU HAVE THAT AVAILABLE? I'M SORRY.
I'D HAVE TO, I WOULD'VE TO CONSULT CIVIL ON THAT.
WELL, I'LL ASK YOU THE ANOTHER QUESTION.
AND, UM, HERITAGE, UH, OTHER, OUT OF THE DIFFERENT SIGNIFICANT TREES, ARE YOU PRIMARILY MESQUITE AND HACKBERRY, WHICH ARE NOT AS DESIRABLE AS, LET'S SAY AN OAK OR AN ELM? WHAT, WHAT, WHAT SORT OF, WHAT IS YOUR PRIMARY SPECIES OUT THERE? THE, THE PRIMARY SPECIES IS RED CEDAR AND ASH JUNIPER.
UM, THE, THERE ARE A SIGNIFICANT, UH, OF THE SIGNIFICANT TREES.
SOME OF THEM ARE CEDAR ELMS. UH, LIVE OAK IS ALSO A DOMINANT SPECIES.
THE, UM, ONE, THE ENTIRETY OF THE, HOLD ON, HOLD ON ONE SECOND.
SO WE'VE, UH, ACTUALLY LOST A QUORUM, UM, WITH THE DEPARTURE OF, YEAH.
SO WE DON'T HAVE A QUORUM CURRENTLY TO MAKE A MOTION FOR THIS APPEAL.
AND THE COMMISSIONER UNDERSTANDS HIM LEAVING FOREIGN ISSUES AND DOES UNDERSTAND THAT THIS ITEM WILL HAVE BE PUSHED TO THE NEXT HAVE TO BE OKAY.
SO CAN WE CONTINUE TO DELIBERATE OR WE JUST HAVE TO STOP ON THIS ITEM? I MEAN, I DON'T KNOW IF IT MAKES SENSE, BUT JUST WANT TO KNOW THE OPTIONS HERE.
WE CAN NO LONGER DISCUSS THIS ITEM UNTIL THE NEXT MEETING, UNFORTUNATELY.
UH, NO, UH, CAN WE, UH, CAN WE DO MINUTES
[01:25:01]
EVEN? SO WE'RE DONE THEN.ALRIGHT GUYS, WELL THAT WAS FUN.
AND, UH, WE'LL GET BACK TO YOU NEXT TIME.
UM, IT IS 10 34 AND DUE TO QUORUM ISSUES WITH COMMISSIONERS LEAVING, WE ARE ADJOURNED.
UM, WE HAVE REESTABLISHED A QUORUM FOR THE PLANNING COMMISSION.
SO I'M RECONVENING THE, UH, WEDNESDAY DECEMBER 15TH, PLANNING COMMISSION MEETING TO ORDER.
FOR CLARIFICATION PURPOSES, THE MEETING WAS NOT ADJOURNED.
IT WAS ACTUALLY IN RECESS WHILE WE, UH, REESTABLISHED QUORUM.
OKAY, EVERYBODY, SORRY FOR THE, UH, UNINTENDED DELAY.
WE WILL KEEP, UH, MOVING FORWARD WITH OUR MEETING.
I BELIEVE WE WERE AT THE POINT OF COMMISSIONER QUESTIONS.
UH, APPLICANT BILL, YOU'RE GONNA HAVE TO MAKE YOUR PRESENTATION AGAIN BECAUSE SAMIR DID NOT.
SO THIS IS, UH, GONNA BE THE TREE VARIANCE APPEAL FOR T P V 21 DASH 1 47.
THE SAT 14 DATA CENTER SHELL, UM, THAT'S LOCATED AT 35 45 WISEMAN BOULEVARD.
UM, IT WAS COMING IN FOR AN ADMINISTRATIVE EXCEPTION FOR PRESERVATION, UH, FALLING BELOW THE MINIMUM ALLOWED, UH, FOR SIGNIFICANT TREES AND HERITAGE.
THE PRESERVATION REQUIRED FOR SIGNIFICANT TREES IS 40% AND FOR HERITAGE IS 80%.
BOTH OF THOSE CAN BE TAKEN DOWN TO 20 AND MITIGATED BACK UP TO, UH, THE MINIMUM PRESERVATION.
UM, THE OWNER IS MICROSOFT CORPORATION AND THE APPLICANT WAS DAVID LUNDBERG.
UM, THE HARDSHIPS WERE GRADING, UH, UTILITIES, CIRCULATION AND FLOW THROUGHOUT THE PROJECT.
AND, UM, THIS CAME IN WITH, UH, THE NUMBERS ON THE SCREEN WHERE THEY WERE REQUIRED.
UH, MINIMUM PRESERVATION WOULD'VE BEEN 4008.2 INCHES, AND THEY WERE ONLY PROPOSING TO SAVE 606 FOR SIGNIFICANT TREES.
AND FOR HERITAGE, IT WAS 106.8 IS WHAT THEY WERE REQUIRED TO PRESERVE.
AND THEY WERE ONLY PRESERVING 24.
UM, MITIGATION WOULD'VE BEEN THROUGH PLANTING 833 TREES, UM, WHICH WOULD GIVE US 1,836 INCHES.
AND THEY HAD A REMAINING MITIGATION OF 7386.2, WHICH COMES OUT TO $1,477,240 THAT WOULD'VE BEEN PAID INTO THE MITIGATION FUND.
UM, THIS CAME IN FOR AN ADMINISTRATIVE EXCEPTION.
STAFF RECOMMENDED A DENIAL ON NOVEMBER 4TH.
UM, THE CUSTOMER DID APPEAL TO THE DIRECTOR ON NOVEMBER 16TH.
THE DIRECTOR DID DENY THE APPEAL ON NOVEMBER 18TH, AND THE CUSTOMER'S NOW APPEALING TO PLANNING COMMISSION ON DECEMBER 6TH.
THE STAFF DOES NOT AGREE WITH THE APPEAL.
THE APPLICANT WOULD LIKE TO, UH, MAKE THE PRESENTATION AGAIN.
I'LL AGAIN, I'M BILL KAUFMAN WITH THE KAUFFMAN GROUP 100 WEST HOUSTON STREET, REPRESENTING, UH, THE APPLICANT, MICROSOFT.
I'M NOT GONNA GO OVER A LIST OF WHO'S HERE, BUT WE HAVE A NUMBER OF PEOPLE THAT WORKED ON THIS PROJECT.
BOTH THE, UH, ARCHITECTS, LANDSCAPE ARCHITECTS, AND CIVIL ENGINEERS THAT ARE IN THE AUDIENCE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
AS STAFF POINTED OUT, WE'RE HERE BECAUSE OUR ADMINISTRATIVE, UH, REQUEST FOR A VARIANCE WAS DENIED.
UH, AND SO I'M GONNA SPEND A MINUTE TALKING ABOUT THE SITE JUST TO FAMILIARIZE YOURSELF.
THOSE THAT HAVE TUNED IN WITH, UM, THE SITE, UNFORTUNATELY YOU CAN'T SEE THE PHOTOS ON THE SCREEN, BUT THE EXISTING SITE IS A 33 ACRE SITE NEXT TO THE VALERO DATA CENTER.
THIS PROPERTY WAS ACTUALLY PURCHASED FROM VALERO WHEN THEY DECIDED NOT TO EXPAND THEIR DATA CENTER OPERATIONS.
[01:30:02]
MICROSOFT AL ALSO COINCIDENTALLY, OWNS A DATA CENTER ON THE OTHER SIDE OF THE STONE STONEGATE SUBDIVISION, WHICH IS SHOWN ON THE, THE PHOTO.CAN THEY SEE THE, OH, THEY CAN SEE IT.
UH, EXISTING SITE, YOU SEE, IT'S A DUSTY, ROCKY SITE WITH A VARIETY OF TREES, WHICH THE, UH, OUR ARBOR ARBORIST TESTIFIED TO, UH, MAINLY ARE PREDOMINANTLY CEDAR.
UH, THE HARDSHIPS OF THE SITE, IT'S L-SHAPED, AS YOU CAN SEE ON THE SCREEN SURROUNDING THE, UH, VALERO CENTER TO THE LEFT OR TO THE WEST IS A STONEGATE SUBDIVISION.
THE ESTATES OF WESTOVER HILLS IS TO THE NORTH.
UM, THE TOPOGRAPHY IS VERY SEVERE.
IT'S ABOUT 60 FEET FROM HIGHEST TO LOW.
AND FOR THE CIVIL ENGINEERS OF YOU OR THOSE FAMILIAR WITH DEVELOPMENT, UNDERSTAND THAT POSES LOTS OF PROBLEMS. HOW DO WE DEAL WITH WATER? HOW DO WE DEAL WITH FOUNDATIONS? HOW DO WE DEAL WITH UNDERGROUND UTILITIES AND ALL THE LIKE, BUT THAT IS VERY DIFFERENT.
UH, BUT IT'S NOT UNUSUAL IN THIS AREA OF TOWN.
THE LOCATION OF THE TREES, THE EXISTING TREES IN, IN THE PHOTO YOU CAN SEE ARE MOSTLY BEHIND THE VALERO DATA CENTER TO THE RIGHT AND THE L PART.
UH, AND THEN, UH, THE NEXT SLIDE, THERE'S A C P SS EASEMENT THAT SURROUNDS THE PROPERTY.
WE'VE GOTTA CLEAR IT FROM TREES, WE HAVE TO CLEAR IT.
TREES THAT INFRINGE UPON THE DATA CENTER.
WE HAVE TO CLEAR TREES WHERE THE TRENCHING IS GONNA OCCUR AND THE LIKE, WHICH POSES SEVERE PROBLEMS IN TRYING TO MEET THE CITY CODE.
WE'VE MET WITH THE NEIGHBORHOOD GROUPS.
WE'VE MET WITH THE ARCHITECTURAL COMMITTEE FOR THE AREA.
WE'VE MET DEVELOPMENT DEVELOPMENT SERVICES IN THE ARBORIST.
WE'VE MET WITH C P S AND SHOW THEM THE SITE.
AND OUR NEIGHBOR ON THE OTHER SIDE, VALERO, WE'VE SHOWN THEM THE SITE PLAN, ALL OF WHICH SHOW, SHOW A SINGLE STORY DATA CENTER THAT WITH HEAVILY SCREENING TO BE PLANTED BETWEEN THE NEIGHBORHOOD AND THE, UH, AND THE BUILDING.
AGAIN, I'LL JUST EMPHASIZE IT'S A ONE STORY FACILITY.
THAT ISSUE IS VERY IMPORTANT TO THE NEIGHBORHOOD BECAUSE, UH, THEY HAVE ANOTHER DATA CENTER CLOSE BY.
THEY CAN SEE IT FROM THEIR BACKYARDS.
THEY DON'T WANT THAT TO REOCCUR.
AND WE'RE DOING OUR BEST TO MEET THEIR WISHES.
CURRENT DESIGN, UM, WE'RE ABLE TO MEET THE CANOPY COVER PROVISION OF THE TREE ORDINANCE BY AT LEAST 50%.
AND THE REASON IS, WITH OVER, WITH PLANTING OVER 800 NEW TREES, YOU CAN COUNT THE NEW TREES AS PART OF YOUR CALCULATION.
THE REASON WE'RE HERE TODAY IS THAT IS NOT TRUE.
WHEN YOU'RE COUNTING, WHEN YOU HAVE A CALCULATOR COUNTING INCHES OF CALIBER OF TREES, YOU GET NO CREDIT FOR NEW TREES ON THE OLD TREES.
AGAIN, WITH, BUT WITH CANOPY, YOU GET CREDIT FOR NEW TREES WITH THE CALIPER INCHES.
UM, WE ATTEMPTED, UH, GO THROUGH THOSE SLIDES REAL QUICKLY.
THAT'S WHAT IT'S GONNA LOOK LIKE, UH, WHEN THE TREES ARE MATURE.
THIS SLIDE SUMMARIZES ALL THE ADDITIONAL MITIGATION THAT WAS DONE AND WORKING WITH STAFF AND ATTEMPTING TO GET THEIR SUPPORT ON ADDITIONAL TREES ABOVE AND BEYOND OUR TREE PLAN AND ADDITIONAL SHADE TREES AND, AND THE LIKE.
THIS IS A SUMMARY OF, OF THE, THE PROBLEM.
WHILE WE'RE HERE, OUR CALCULATIONS ARE 3.5% ARE EXISTING UNDER A PLAN.
THE MINIMUM UNDER THE CODE IS 20%.
IF YOU GET CREDIT FOR THE NEW TREES, WE WOULD EXCEED BY ALMOST A HUNDRED PERCENT THE MINIMUM REQUIREMENT.
AND FINALLY, THE TREE CANOPY, AS I MENTIONED BEFORE, WE DO MEET THE, THE LITERAL TERMS OF THE, OF THE CODE.
AND THAT'S, AND THAT'S, WE'RE NOT APPEALING THAT OR ASKING FOR A VARIANCE.
THIS IS A SLIDE THAT SUMMARIZES ALL THE THINGS THAT ARE IN PUBLIC INTEREST AND THAT IS A IMPORTANT PUBLIC GOOD OR PUBLIC INTEREST IS AN IMPORTANT THING.
AND AS YOU CAN SEE, I'LL, I WON'T READ EACH ONE OF THEM, BUT WHAT I POINTED OUT TO THE BALANCE OF THE COMMISSION TODAY IS THAT WE'RE PLANTING NEW TREES THAT ARE HEALTHIER.
WE'RE IRRIGATING, WE'RE PROVIDING TOP SOIL TO HELP WITH RUNOFF AND, UH, STORMWATER RUNOFF.
THIS IS A CLEAN USE FOR AN INDUSTRIAL SITE.
VERY CLEAN, NO OUTSIDE STORAGE, NO EXPOSED TRUCKS RUNNING IN AND
[01:35:01]
OUT.MINIMAL EMPLOYEES ONLY 30 PER SHIFT, WHICH IS INSIGNIFICANT.
ALL SIGHTLY THINGS ARE SCREENED.
THE CHILLERS ARE SCREENED, UM, AND, UH, GENERATORS ARE SCREENED.
AND THEN IT'S A LEAD CERTIFIED GOLD CERTIFICATION BUILDING, WHICH IS VERY IMPORTANT TO MANY OF US.
FINALLY, THE, WE'RE PUTTING ALMOST $1.4 MILLION IN THE TREE MITIGATION FUND, WHICH CAN BE USED TO PLANT ADDITIONAL TREES.
UNFORTUNATELY, THE WAY I READ THE CODE, YOU'RE NOT GETTING CREDIT FOR ALL THE MONEY YOU PUT IN TO BUY MORE TREES.
AND, UM, I THINK THAT'S A, I THINK WE DIDN'T THINK THROUGH THAT AT THE TIME, BUT YOU SHOULD GET CREDIT BECAUSE IT'S PLENTY MORE TREES.
AND THAT CLEARLY IS IN THE PUBLIC INTEREST, IN THE PUBLIC GOOD.
FINALLY, THIS IS THE BOOGA BOO SLIDE THAT, UH, WE CAN HONESTLY AVOID THIS HEARING TODAY.
AND THE VARIANCE IF WE WERE TO ELIMINATE THE SMALL BUILDING BEHIND THE VALERO AND JUST ADD A SECOND STORY ONTO THE EXISTING BUILDING THAT RUNS NORTH AND SOUTH.
WHILE THAT SOLVES OUR PROBLEM, IT DOESN'T SOLVE THE NE THE PROBLEM FOR THE NEIGHBORHOOD AND OUR COMMITMENTS TO THE NEIGHBORHOOD WHERE THEY WERE MOST CONCERNED ABOUT THE HEIGHT OF THE FACILITY BECAUSE THEY HAVE ANOTHER ONE ON THE OTHER SIDE AND THEY LOOK AT IT FROM THE BACKYARD.
AND WE'VE GONE TO GREAT LINKS TO MITIGATE THAT WITH ADDITIONAL TREE PLANTINGS.
UNFORTUNATELY, THE WAY IT WAS DESIGNED, YOU CAN'T SCREEN FULLY THAT BUILDING, NOR COULD WE FULLY SCREEN A TWO STORY BUILDING.
SO WE BELIEVE THE NEIGHBORHOODS ARE BETTER OFF WITH ADDITIONAL BUFFERS THAT ARE SURROUNDING ABOVE AND BEYOND THE CODE, ADDITIONAL PLANNINGS IN THE BUFFERS ABOVE AND BEYOND THE CODE, ADDITIONAL TREES BETWEEN THE BUILDING AND THE NEIGHBORHOOD.
AND, UH, THEY'RE BETTER SERVED WITH A ONE STORY BUILDING THAN A TWO STORY BUILDING.
SO FINALLY, UH, I, I'M NOT GONNA GO THROUGH EACH THING AND SUMMARIZE.
WE'VE ILLUSTRATED OUR HARDSHIPS OF THE SIZE, THE TOPO AND THE, YOU KNOW, THE GRADE AND THINGS LIKE THAT.
WE'VE DEMONSTRATED THAT WE THINK A DATA CENTER ON AN INDUSTRIAL PIECE OF PROPERTY IS THE BEST NEIGHBOR FOR THE NEIGHBORHOOD VERSUS OTHER INDUSTRIAL USES.
UH, THE USES ARE QUIET, ENVIRONMENTALLY SECURE, ENVIRONMENTALLY SAFE.
AND, UH, I WOULD JUST ASK THIS COMMISSION TODAY TO PLEASE APPROVE OUR, OUR REQUEST FOR A VARIANCE AND EXCEPTION, UH, REQUEST.
AS AS, UM, I THINK IT'S IN EVERYONE'S BEST INTEREST THAT LIVES AND WORKS IN THAT AREA.
AND WITH THAT, WE'LL STOP FOR QUESTIONS.
ALL RIGHT, WE WILL RESUME COMMISSIONER QUESTIONS.
I BELIEVE WE'LL, WE'LL JUST START OVER ON THE LEFT FOR THE COMMISSIONER BUSANTE.
OKAY, COMMISSIONER ORIAN IS WHERE WE LEFT OFF.
YES, I HAVE A NUMBER OF QUESTIONS AND I'D LIKE THE LANDSCAPE ARCHITECT TO COME UP PLEASE.
IT'S BRENDAN WITCH TRUCK, KORA ROBINSON.
UH, SO FIRST, FIRST QUESTION I HAVE FOR YOU IS BY NOT PUTTING THE GENERATORS ON THE ROOF AND PUTTING 'EM ON THE SIDE OF THE BUILDING, CAN YOU, UH, SPECULATE HOW MANY TREES THAT YOU HAD TO NOT PLANT OR, OR RE OR PRESERVE? UH, I WANNA STRESS THIS WOULD BE A GROSS SPECULATION ON MY PART.
UM, IT'S PROBABLY IN THE RANGE OF THREE TO 4% OF THE OVERALL CANOPY.
UM, THE NEXT QUESTION IS, IS WHAT PERCENTAGE OF HACKBERRY AND MESQUITE AND, AND OTHER TREES THAT MAYBE AREN'T AS DESIRABLE AS AN OAK OR AN ELM? IT'S A LOW PERCENTAGE.
THE, SO, UH, TO COMPLETE THE ANSWER FROM THE, FROM THE PRESENTATION, THE PREDOMINANT, UH, CANOPY SPECIES ON THE SITE IS LIVE OAK, UH, WITH SOME CEDAR ELM.
THE PREDOMINANT UNDERSTORY SPECIES IS RED CEDAR AND ASH JUNIPER.
UH, AND, UH, A SIGNIFICANT NUMBER OF PERSIMMON AS WELL.
HACKBERRY ARE ON SITE BUT ARE NOT, UM, NOT GENERALLY REPRESENTED AS A LARGE PERCENTAGE OF THE SPECIES.
AND THEN, UH, THE HERITAGE TREES, UH, YOU'RE MAINTAINING I THINK 19 OF THEM.
UH, BUT THE ONES THAT YOU'RE REMOVING, UH, WHERE ARE THEY? ARE THEY DISSIPATED OR MOSTLY IN ONE AREA? TO CLARIFY, THERE ARE 19 TOTAL ON SITE.
UM, THE, THE PLANS PROPOSED TO, TO, UH, MAINTAIN ONE OF THOSE.
UM, THE, THE PROPOSAL SHOWED THE, THE ROUGH GRADING OF THE, THE TOPOGRAPHY OF THE SITE.
UH, YOU'LL NOTE A WASH, UH, AREA IN THE NORTHEAST QUADRANT OF THE SITE, NORTH OF THE VALERA BUILDING.
THAT IS WHERE, THAT IS THE CONCENTRATION OF THE LIVE OF THE HERITAGE TREES.
UM, THE ENTIRETY OF THE HERITAGE SPECIES ON SITE ARE LIVE OAKS.
THERE'S A, A SMALL NUMBER OF TREES ALONG THE NORTHERN FENCE LINE THAT CONFLICT WITH C P S REQUIREMENTS FOR THE PROPERTY.
UH, THE REMAINDER OF THE HERITAGE TREES ARE IN THAT NORTHEAST QUADRANT.
[01:40:01]
THEN AS FAR AS, AS FAR AS, UH, YOUR SITE IS ENCAPSULATED BY, UH, ELECTRIC C P S EASEMENTS, I NOTICE THERE'S ONSITE DETENTION.WHEN YOU HAVE A PROPOSED OR EXISTING EASEMENTS, UH, THOSE TREES AREN'T COUNTED TOWARDS PRESERVATION.
SO CAN YOU TALK TO HOW MANY OF THOSE TREES THAT ARE, ARE MAYBE TO REMAIN THAT YOU'RE NOT COUNTING TOWARDS THAT PERCENTAGE? SORRY, CAN YOU REPEAT THE QUESTION? SO WHEN YOU HAVE AN EXISTING TREE IN A PROPOSED OR AN EXISTING EASEMENT, THEY'RE NOT COUNTED TOWARDS YOUR PRESERVATION CALCULATION, THEY'RE EXCLUDED.
SO WHEN YOUR SITE IS FULLY ENCAPSULATED BY EASEMENTS AND THE PLANS SHOW THAT THERE'S TREES REMAINING IN THERE, BY NOT COUNTING THOSE TREES, DO YOU HAVE ANY IDEA WHAT THAT WOULD'VE DONE TO YOUR PERCENTAGE OF RETENTION? UH, SO THAT WE CAN JUST BE AWARE OF THAT? SURE.
SO, UH, TO CLARIFY, WE, WE ARE COUNTING THOSE TREES.
UM, I'LL HAVE TO LOOK INTO THE CODE ABOUT WHETHER THOSE CAN BE EXCLUDED FROM THE CALCULATIONS.
BUT FOR, UM, FOR THE RECORD, WE WERE INCLUDING TREES IN THE EASEMENT IN OUR CALCULATIONS, IT'S GOING TO BE THE HERITAGE TREES, TWO HERITAGE TREES TOTAL.
THE NUMBER OF SIGNIFICANT TREES IS IN THE C P S ZONE, I WOULD SAY IS NOT SIGNIFICANT TOWARD THE TOTAL CANOPY CANOPY COVER.
I HAVE SOME QUESTIONS FOR, UH, JACOB WITH STAFF IF YOU CAN COME UP.
SO I, I JUST, I JUST ASKED, UH, THE QUESTION ABOUT, UH, COUNTING TREES AND EXISTING EASEMENTS.
UM, I WAS UNDER THE IMPRESSION THAT IF A NON-HERITAGE TREE WAS NOT COUNTED TOWARDS A PERCENTAGE, IS THAT TRUE? SO, UM, THOSE TREES WITHIN THE EASEMENT ARE EXCLUDED FROM THE CALCULATIONS.
IF THEY ARE PRESERVED, THEY DO COUNT TOWARDS THE PRESERVATION.
BUT THEY'RE NOT AT, I JUST, UH, RECALL THEM NOT COUNTING AS MUCH OR SOMETHING.
I'M TRYING TO FIGURE OUT IF, IF THERE WAS A HARDSHIP ASSOCIATED WITH, WITH THE ENCAPSULATION OF EASEMENTS AROUND THE ENTIRE SITE.
UH, TYPICALLY WITH C P S EASEMENTS, THEY WANT THEM ALL REMOVED, BUT IF YOU DO PRESERVE SOME OF THE, UH, YOU KNOW, IF THEY ARE PRESERVED, WE DO COUNT THEM TOWARDS PRESERVATION.
BUT IF THEY ARE REMOVED, THEY'RE NOT COUNTED AGAINST YOU.
AND THEN IT LOOKS LIKE WHERE THE C P S EASEMENTS ARE, IF YOU LOOK AT THE ENTIRE SITE FROM AFAR, THERE'S A HIGH CONCENTRATION OF TREES EXCEPT FOR WHERE A LOT OF THE UTILITY EASEMENTS ARE.
DO YOU THINK C P S REMOVED A BUNCH OF EXISTING TREES PRIOR TO THE APPLICANT PRIOR TO THIS APPLICANT BEING INVOLVED? UH, I, I KNOW THERE ARE EXISTING UTILITY LINES, SO I'M SURE THERE WAS SOME REMOVAL AT THE TIME OF INSTALLATION, AND I'M NOT SURE WHAT MAINTENANCE THEY'VE DONE TO NOW, BUT I'M TRYING, I'M TRYING TO SEE WHAT WOULD'VE CONTRIBUTED TO, UM, YOU KNOW, THIS MEETING A HARDSHIP.
UH, SO WITH THAT, I HAVE ANOTHER QUESTION FOR THE CIVIL DAVID LUNDBERG, WALTER P. MOORE, 2 2 1 WEST SIXTH STREET, AUSTIN, TEXAS.
SO CAN YOU TALK ABOUT WHAT SPECIFIC CONDITIONS REQUIRE YOU TO PUT THIS DATA CENTER HERE? IS THERE SORT OF, UH, SOME SORT OF INFRASTRUCTURE THAT'S NEARBY THAT WOULD LIMIT YOU FROM GOING SOMEWHERE ELSE, WHICH MAKES THIS MORE OF A DESIRABLE SITE FOR YOU? YEAH, AND, AND TO BE HONEST, I THINK THIS IS, YOU KNOW, SOMEWHAT OUTTA MY DEPTH, I THINK IT'S, YOU KNOW, MICROSOFT AND SOME OF THE FOLKS THERE CAN PROBABLY ANSWER SOME OF THE HIGHER LEVEL QUESTIONS.
BUT I, FROM WHAT I DO UNDERSTAND THIS, THIS CORRIDOR WITH THE PRESENCE OF THE EXISTING UTILITY INFRASTRUCTURE, EVERYTHING HERE IS HIGHLY DESIRABLE FOR MICROSOFT IN GENERAL, FOR DATA CENTERS, IS EVIDENCED BY THE VALERO DATA CENTER THAT'S ALREADY HERE.
AND, UH, A QUESTION FOR STAFF ONE MORE.
SO WE HAD HEARD THAT, UH, THERE'S GONNA BE ABOUT 1.4 MILLION CONTRIBUTED TO THE TREE FUND.
CAN YOU TALK ABOUT HOW MANY TREES YOU CAN PLANT WITH THAT? I'M NOT, UH, A HUNDRED PERCENT SURE.
I KNOW THAT IT DOES GO INTO THE FUND AND THEY ARE USED TO PLANT, TO EDUCATE, UM, TO DISTRIBUTE TREES TO THE PUBLIC OR PLANT THEM IN PUBLIC OR PRIVATE SPACES.
SO, UH, NOT SURE THAT I HAVE AN ACTUAL DOLLAR AMOUNT PER TREE.
I THINK IT DEPENDS ON THE SPECIES AND, AND, AND TIMING.
BUT THEY, THOSE FUNDS ARE SLATED FOR THAT AND ONLY USED FOR THAT.
SEE, SEE WHERE I'M GOING WITH ALL THIS IS, IS THAT WHEN YOU'RE LOOKING AT A HARDSHIP, IT'S NOT JUST, YOU KNOW, SOMEBODY WANTING TO GET RID OF 97% OF TREES, IT'S SOMETIMES WHERE THEY'RE LOCATED, HOW THE EASEMENTS ARE ALIGNED, THE THEIR USE IS MAYBE SPECIFIC TO A CERTAIN AREA.
AND THEN ALSO IF THEY'RE DOING SOMETHING THAT COUNTERS WHAT, WHAT THE REMOVAL'S HAPPENING.
LIKE FOR EXAMPLE, IF THEY'RE GETTING RID OF A BUNCH OF UNDESIRABLE TREES BY THE CITY AND THEY'RE PLANTING SOMETHING THAT'S MORE DESIRABLE, UH, THAT MEANS SOMETHING, YOU KNOW, UH, THERE'S A TRADE OFF BETWEEN A HIGHER BUILDING WITH A, AS OPPOSED TO A LOWER BUILDING AND PUTTING CERTAIN INFRASTRUCTURE AROUND THE BUILDING THAT TAKES AWAY FROM THE TREES.
YOU KNOW, YOU HAVE TO LOOK AT ALL THESE THINGS TOGETHER.
AND SO $1.4 MILLION, I'M ENVISIONING A LARGE NUMBER OF TREES THAT COULD BE PLANTED IN, LET'S SAY, AREAS THAT DON'T HAVE A LOT OF TREES.
YOU KNOW, FROM THE AERIAL PICTURE, IT LOOKS LIKE THE SURROUNDING NEIGHBORHOODS HAVE REALLY GOOD TREE COVERAGE.
[01:45:01]
DATA CENTER TO THE, TO THE EAST OF THIS ON THE CORNER HAS PRACTICALLY NO TREES ON IT.AND SO IT LOOKS FROM THEIR PROPOSED PLAN THAT THEY'RE DOING A LOT OF GOOD PLANTING AND BUFFERING AROUND THE OUTSIDE AND THEY'RE TRYING TO APPEASE THE NEIGHBORS.
I'M JUST TRYING TO FIGURE OUT HOW THAT ENCOUNTERED, UH, IN STAT'S REVIEW OF THIS, UH, WHEN THEY DECIDED TO MAYBE NOT SUPPORT THE VARIANCE.
WE HAD SEVERAL DISCUSSIONS AND LOOKED AT, AT, UH, A MAJORITY OF IT.
WE DID TALK TO THEM ABOUT THE BUFFER YARD.
UM, I, I THINK AT THE END OF THE DAY, JUST THE, THE, WHAT WE HAD DETERMINED WAS THE, THE SIZE OF THE LOT AND THE AMOUNT OF TREES BEING REMOVED WAS CONTRARY TO THE PUBLIC INTEREST.
UM, WE DID WEIGH IN SOME OF THE OTHER FACTORS, MAYBE NOT TO THE, THE LEVEL THAT YOU'VE GONE INTO, BUT THESE ARE THINGS THAT ARE DISCUSSED AND, AND, AND GONE THROUGH WITH EACH ONE OF THESE.
AND THEN FINALLY, IF YOU HEARD ANYTHING FROM, UH, THE NEIGHBORHOOD ASSOCIATIONS OR THE COUNCIL'S OFFICE THAT THIS DISTRICT'S THAT THIS LIES IN ABOUT THIS HOUSE, I HAVE NOT RECEIVED ANYTHING DIRECTLY.
I DON'T BELIEVE WE HAVE ANYTHING OFFICIAL FROM ANY OF THE NEIGHBORHOODS OR THE COUNCIL DISTRICT YOURSELF.
AND I'M DONE WITH MY QUESTIONS.
COMMISSIONER ORIAN, UH, COMMISSIONER CHRISTOPHER GARCIA.
YES, I HAVE SEVERAL QUESTIONS.
AND THIS, THE FIRST ONE IS, IS MAINLY TOWARDS THE APPLICANT, BUT IT MAY BE TOWARDS STAFF.
IF, IF YOU HAD THE, THE SLIDE WITH THE TWO BUILDINGS, IF YOU SLIT THAT SMALLER BUILDING OVER AND THAT WOULD CREATE, WOULD THAT CREATE MORE SPACE AND MORE OPPORTUNITY FOR TREE PRESERVATION IF YOU JUST MADE IT LIKE A, LIKE A T OR LIKE AN L-SHAPED BUILDING? WOULD THAT HELP YOU GUYS OUT AT ALL? UNDERSTAND, DO YOU WANNA TAKE THAT OR DO YOU WANT ME TO? YEAH, SURE.
SO IN TERMS OF THE SECOND BUILDING, YOU KNOW, WE, WE HAVE LOOKED AT KIND OF MULTIPLE OPTIONS, JUST HOW TO OPTIMI UH, OPTIMIZE THE SITE.
OBVIOUSLY, YOU KNOW, WITH THIS VARIANCE ISSUE, YOU KNOW, WE WANT TO INVESTIGATE ALL ANGLES TO TRY AND FIND THE BEST RESOLUTION FOR EVERYONE.
AND SO, YOU KNOW, WE HAD EVEN LOOKED AT THE POSSIBILITY OF JUST THE SECOND BUILDING BECOMING TWO STORY TO TRY AND SHRINK THE FOOTPRINT.
UNFORTUNATELY, THE REALLY CHALLENGING PART THAT IT'S HARDER TO SEE FROM THE BUILDING FOOTPRINTS IS THAT THOSE SERVICE YARDS ARE INCREDIBLY CRITICAL WITH ALL THE ANCILLARY EQUIPMENT, MACHINERY, THE GENERATORS, CHILLERS, ALL OF THAT.
AND SO, YOU KNOW, UNFORTUNATELY THE, THE BUILDING FOOTPRINT IS, YOU KNOW, MAYBE LESS THAN HALF THE BATTLE.
IT'S REALLY THE SERVICE YARDS AND THERE'S JUST NOT A GOOD WAY TO CONDENSE ALL OF THAT BECAUSE OF THE CLEARANCES AROUND MACHINERY FOR SAFETY AND THINGS LIKE THAT.
DOES THAT ANSWER YOUR QUESTION? YES, IT DOES.
AND IT, IT MAKES ME WONDER IF, UM, IF THE CHILLERS AND GENERATORS, I KNOW YOU'RE, YOU HAVE A CERTAIN LEVEL OF REDUNDANCY YOU'RE TRYING TO MAINTAIN, BUT I'M WONDERING IF IF USE A FEW NUMBER, JUST A LARGER SIZE AND THEN YEAH, AND THEN, THEN CHILLERS, SORRY, YEAH, LAUREN'S THE ARCHITECT.
AND THEN, THEN WITH CHILLERS, YOU CAN GET IT TO MULTIPLE COMPRESSORS AND TRY TO, TO DO DIFFERENT OPTIONS LIKE THAT.
I DON'T KNOW IF YOU CAN DO THAT WITH S I CAN DO THAT AS THE BEST I CAN.
LAUREN ALEXANDER, I'M AN ARCHITECT WITH PAIGE, SO WE DID DO ALL OF THAT.
WE'VE LOOKED AT ALTERNATE OPTIONS FOR THAT.
THE CHILLERS ARE ACTUALLY MAXIMIZED AT WHAT THEY ARE.
THESE ARE THE BIGGEST CHILLERS ON THE MARKET.
SO WE'RE ALSO BUYING, UM, SORRY, BUYING, UH, GENERATORS THAT ARE THE MAXIMUM SIZE ON THE MARKET.
SO THERE'S NOT A WHOLE LOT OF OPPORTUNITY TO REDUCE THE COUNTS, BUT WE DID LOOK AT THAT.
WE LOOKED AT WHETHER WE COULD SHIFT THINGS AND THE ONLY OTHER OPTION WOULD BE TO GO UP OR ON THE ROOF, WHICH ISN'T IDEAL FOR MICROSOFT.
THEY DON'T WANNA PUT THINGS ON THE ROOF, BUT IT'S ALSO NOT IDEAL FOR THE NEIGHBORS BECAUSE IT'S BASICALLY A TWO STORY BUILDING AGAIN, IF WE DO THAT.
SO, SO THE NEIGHBORS, THEY JUST, THEY'RE CONCERNED ABOUT MINIMUM HEIGHT, RIGHT? YOU COULDN'T JUST PUT LIKE A PARAPET AROUND STUFF ON THE ROOF AND SATISFY THAT? WE COULD, BUT THEN WE'RE STILL TALKING ABOUT WE NEED ABOUT 25 FEET IN THE BUILDING ITSELF, AND THEN WE'RE GONNA BE ADDING A 14 FOOT, UH, PARAPET ON TOP OF THAT.
SO WE'RE ALREADY GETTING UP INTO THAT TWO STORY HEIGHT RANGE.
SOUNDS LIKE YOU GUYS LOOKED AT A LOT OF OPTIONS.
I, I DO HAVE A QUESTION FOR STAFF, AND IT MAY ALSO BE DIRECTED TO THE APPLICANT.
IT, IT SOUNDS LIKE THEY HAD REVISED THEIR PLANS, BUT THAT STAFF HAD NOT LOOKED AT THE REVISED PLANS.
IS THAT CORRECT? OR HAVE YOU LOOKED AT THE, THE MOST RECENT VERSION OF WHAT THEY'RE ATTEMPTING TO DO? OH, WE DID LOOK AT THE MOST RECENT VERSION.
WE HAD, UM, UH, AN INITIAL MEETING.
UH, WE WENT BACK TO THEM LET THEM, UH, BEFORE WE GAVE THE OFFICIAL DENIAL ON THE FIRST ROUND.
UM, AND THEY SUBMITTED SOME REVISIONS, THE NUMBERS, UH, WHERE, I GUESS WHERE THE DISCREPANCY CAME IN IS THE FINAL SUBMITTAL PACKAGE THAT, UH, I HAD RECEIVED IS WHERE I PULLED THE NUMBERS FROM.
UM, AND DIDN'T GO BACK THROUGH THE SEVERAL ITERATIONS, BUT I, I BELIEVE IT WAS A FEW TREES THAT THEY PROPOSED TO SAVE ADDITIONALLY.
UM, AND THERE MAY HAVE BEEN SOME ADDITIONAL PLANNING, BUT I, I WAS GOING OFF OF THE, THE PLAN SHEET THAT CAME IN WITH THE TOTAL PACKAGE.
[01:50:01]
UH, DID YOU, DID YOU ALL HAVE A PROPOSED LOCATION OF WHERE THEY COULD SAVE ADDITIONAL TREES REGARDING TO THE SITE? OR IS IT JUST KIND OF, YOU JUST SAY YOU, YOU NEED TO SAVE MORE AND YOU LET THE APPLICANT KIND OF FIGURE THAT OUT? WE TRY TO LOOK AT THOSE AS WE GO THROUGH, BUT NOT KNOWING THE INTRICACIES OF THE DESIGNS AND, AND WHERE, UM, UTILITIES RUN, UM, WE CAN SAY, HEY, IS THERE AN OPPORTUNITY IN THIS AREA? BUT, UM, IT'S NOT SOMETHING WE'RE, WE'RE, WE DON'T SPEND HOURS POURING OVER IT TRYING TO SAVE SOME, THEY, THEY HAVE THE INTIMATE KNOWLEDGE OF IT.SO THE SUGGESTION IS IF THERE'S A PLACE TO SAVE MORE TREES, WE'D LIKE TO SEE IT.
AND THEN, UH, AND THEN TO CLARIFY WITH THE, UM, THE TREE PRESERVATION ORDINANCE, THEY MENTIONED THAT THE, THE NEW TREES PLANTED DO NOT COUNT.
SO I GUESS THE, THE GOAL OF THE TREE PRESERVATION ORDINANCE IS PRES PRESERVATION OF THE HERITAGE TREES, THE EXISTING TREES.
IS THAT, WOULD YOU SAY THAT'S ABOUT CORRECT? YES.
THAT'S THE, THE, THE, THE PRESERVATION PORTION IS TO PRESERVE WHAT IS EXISTING ON THE SITE.
THERE ARE REQUIREMENTS TO PLANT NEW, UM, THERE ARE THE CANOPY REQUIREMENTS TO ESTABLISH NEW CANOPY, BUT UM, THAT'S WHERE THE MITIGATION COMES IN.
THEY'RE PLANTING COUNTS TOWARDS MITIGATION, BUT IT DOESN'T COUNT TOWARDS PRESERVATION OF EXISTING TREES.
AND THEN THE MITIGATION, THAT'S BECAUSE, BECAUSE THEY'RE NOT MEETING THAT, THAT REQUIREMENT, WHETHER IT'S IT'S 20% OR 80%, THAT'S WHEN THE MITIGATION KICKS IN, CORRECT? YES, SIR.
AND WITH THE AMOUNT THAT THEY'RE PAYING THAT THEY'RE PROPOSING TO PAY IN, DOES THAT ADD UP TO THE AMOUNT THAT THEY SHOULD BE PAYING BECAUSE THEY'RE NOT MEETING THE MITIGATION? YES, SIR.
WE WOULD LOOK FIRST AT PLANTING.
THE PLANTING IS SUBTRACTED FROM THE MITIGATION, AND THEN THE REMAINDER IS PAID, UM, AT $200 AN INCH.
SO WE TOOK WHAT THEY WERE PROPOSING TO PLANT, SUBTRACTED THAT FROM THE TOTAL MITIGATION REQUIRED.
AND SO ESSENTIALLY IT COMES OUT TO A NET ZERO ONCE THEY'RE, THEY'RE MEETING THE MITIGATION MINIMUM.
SO IT SOUNDS LIKE THEY ARE MEETING THE MITIGATION REQUIREMENTS, IT'S JUST THE PREFERENCE WOULD BE TO SAVE AS MANY, TO SAVE MORE OF THE HERITAGE AND SIGNIFICANT TREES AS POSSIBLE? YES, SIR.
UH, THANK YOU FOR YOUR QUESTIONS AND RESPONSES.
I'M, YOU KNOW, NOT A FACILITIES EXPERT, ARCHITECT OR CIVIL ENGINEERS, SO THOSE, THOSE WERE HELPFUL.
UM, I UNDERSTAND WHY THE LOCATION, I UNDERSTAND THE NEED FOR THE C P S ACCESS, UM, THE NEED FOR THE DATA CENTER, THE TENANT, THE QUALITY OF THE TENANT, UM, I UNDERSTAND THE NEED TO PRESERVE TREES.
WHAT I'M TRYING TO WRAP MY HEAD AROUND IS THE CANOPY QUESTION.
SO MAYBE STAFF CAN CLARIFY, UH, WHAT BILL SAID AS FAR AS EXCEEDING THE 20% FOR CANOPY, AND WE'RE LOOKING AT CANOPY AS, AS OPPOSED TO CALIPER SITUATION.
SO JUST SOME CLARIFICATION ON THAT.
SO BILL, ON BEHALF OF THE APPLICANT TALKED ABOUT MEETING I THINK A 30 OR 37% TREE CANOPY ONCE THEY PLANT.
UM, WHAT IS THAT, LOOKING AT IT THROUGH THE TREE ORDINANCE LENS, DO THEY NOT GET CONSIDERED? OBVIOUSLY IT DIDN'T OR DID, BUT GET DENIED? IT DOES.
UM, SO WE, WE DO LOOK AT THE, THE CANOPY GOING BACK, BUT UM, ON THIS ONE, YOU KNOW, IT'S A BALANCE BETWEEN THE PLANTING AND THE PRESERVATION AND, AND WE JUST DIDN'T FEEL IT WAS THERE.
I MEAN, I, THEY, THEY ARE EXCEEDING THE CANOPY REQUIREMENT, WHICH IS THE 25%.
UM, BUT THAT IS, THAT DIDN'T PLAY INTO THE, THAT'S NOT WHAT THEY WERE ASKING FOR THE, THE VARIANCE FOR.
AND, AND WE DID LOOK AT THAT AS PART OF AN ABOVE AND BEYOND, BUT YOU KNOW, THE TRYING TO STRIKE THAT BALANCE AGAIN WAS WHERE WE WERE STRUGGLING.
SO I THINK THE PROCESS IS IMPORTANT.
SO WE, WE WENT THROUGH ALL THE PROCESSES, INITIAL APPLICATION, THE, UH, APPEAL TO THE DIRECTOR, AND NOW THE APPEAL TO US.
YOU KNOW, I THINK LOOKING AT THAT VALERO DATA CENTER, IT LOOKS LIKE THE TREE CANOPY IS SIMILAR AND AS, AS COMMISSIONER ORIAN MENTIONED THAT THE TREE CANOPY IS OUT THERE, I THINK, UM, AND IN RESPONSE TO BEING GOOD NEIGHBORS IS IMPORTANT.
AND SO, YOU KNOW, I'M KIND OF ON THE FENCE, YOU KNOW, I UNDERSTAND IF WE COULD GO THE TWO STORY ROUTE, UH, YOU, YOU MAKE, UH, YOU PRESERVE THE TREE TREE ORDINANCE SITUATION, BUT YOU MIGHT, YOU KNOW, CAUSE SOME CONSTERNATION WITH THEIR NEIGHBORS.
SO I'M GONNA KIND OF RESERVED UNTIL I HEAR THE REST OF THE COMMISSIONER'S COMMENTS.
BUT, YOU KNOW, IN GENERAL, I THINK, UH, WE, WE WANT TO ENCOURAGE PROJECTS, UH, LIKE THIS FOR THE CITY.
I THINK THE ECONOMIC IMPACT'S IMPORTANT, BUT ALSO KEEPING IN MIND OF WHAT, YOU KNOW, THE REGULATIONS ARE.
BUT, UH, I, I THINK I'LL WAIT UNTIL YOU ARREST MY COMMISSIONERS BEFORE MAKING A DECISIONS.
[01:55:01]
UH, COMMISSIONER, UM,THIS IS, UM, DEFINITELY A MORE COMPLICATED SITUATION THAN I REALIZED BEFORE THE PRESENTATIONS BEGAN.
READING THE DENIAL LETTERS AND THE APPEAL LETTERS, I FELT LIKE IT WAS A LOT MORE CLEAR CUT THEN.
UM, AFTER SEEING THE PRESENTATION AND, AND HEARING THE EXERCISES THAT THE DESIGN TEAM AND THE REPRESENTATIVES HAVE GONE THROUGH WITH THE NEIGHBORHOODS, I HONESTLY, UM, I AM LEANING, UM, IN THE DIRECTION OF UPHOLDING THE DENIAL BECAUSE THERE IS AN OPTION TO GO TO TWO STORIES, EVEN THOUGH THAT'S LESS PALATABLE TO THE NEIGHBORS AND POSSIBLY TO THE PROPERTY OWNER.
UM, I THINK THAT, UM, AS A CITY, WE OWE IT TO OURSELVES AND OUR RESIDENTS TO UPHOLD THE DECISIONS THAT HAVE BEEN MADE, UH, IN TERMS OF ORDINANCES, UM, PLANS, MASTER PLANS CODE, UM, BUT I ALSO RECOGNIZE THAT, UM, SOMETIMES THERE'S, UM, AN EXCEPTION.
SO IT'S A DIFFICULT DECISION AND I, I THANK EVERYBODY FOR THEIR, FOR THEIR TIME AND, AND THE COMMITMENT THAT THEY'VE MADE TO MAKE THIS A GOOD PROJECT SO FAR.
THAT'S ALL THE COMMENT THAT I HAVE.
I, UH, WE CAN, I CAN SEE, OKAY.
I CAN SEE THAT THE, UH, APPLICANT IS OFFERING A $1.4 MILLION TOWARDS THE THREE FUNDS, AND I CAN SEE ALSO THAT THERE'VE BEEN A LOT OF BACK AND FORTH, UH, TO REVISE THE DESIGN.
AND, UH, I'VE SEEN THAT, UH, ALL THE TRIALS, ALL THE OPTIONS HAVE BEEN EXERCISED.
UH, I, I, THE TIEBREAKER FOR ME THAT, UH, THERE IS INITIATIVE TO COVER THE CANOPY AND THE THREE VARIANCE THROUGH THE FUND, AND THAT WAS A TIE BREAKER FOR ME.
SO I, I AM IN FAVOR OF THE VARIANCE.
IS THAT ALL YOUR COMMENTS, COMMISSIONER DE SUKI? THAT'S ALL MY COMMENTS, YES.
UM, APPRECIATE EVERYBODY'S COMMENTS.
AND LARGELY, MOST OF MY QUESTIONS HAVE BEEN ANSWERED, BUT I HAVE A QUESTION FOR STAFF.
I'M JUST WONDERING WHAT, WHAT HAPPENED IN THE PROCESS WHERE THEY, YOU KNOW, IT APPEARS THAT THEY HAD RECEIVED A PERMIT AND THEN IT WAS A FEW WEEKS LATER THAT ALL OF A SUDDEN IT WAS RE-REVIEWED FOR SOME REASON.
WHAT, WHAT HAPPENED IN THE PROCESS THAT CAUSED THAT REASSESSMENT? UM, IT, IT, HONESTLY, IT WAS A MISTAKE.
UM, WE DON'T ISSUE PARTIAL PERMITS WHEN THERE IS A VARIANCE, UM, OR ADMINISTRATIVE EXCEPTION COMING IN FROM THE TREE SIDE.
WE HAD NOT FINISHED THE TREE REVIEW AND, UM, THE PERMIT HAD GOTTEN ISSUED PRIOR TO US FINALIZING THE INSPECTION AND THE TREE PLAN WITH THEM.
SO THAT'S WHY IT WAS RESCINDED.
AND SO IT WAS A PARTIAL PERMIT THAT WAS ISSUED AND THEN THAT, THAT'S THE PART THAT SHOULD NOT HAVE HAPPENED.
AND WHILE THE REST OF THE REVIEW WAS ONGOING? YES, SIR.
UM, YOU KNOW, AGAIN, THIS IS ONE OF THOSE THINGS WHERE, YOU KNOW, AT LEAST MY UNDERSTANDING, AND SOMEBODY CORRECT ME IF I'M WRONG, BUT IT APPEARS THAT THE RUB HERE ISN'T THE FACT THAT THE APPLICANT IS MITIGATING AND PAYING INTO THE FUND UP TO A POINT WHERE THEY'RE IN CONFORMANCE WITH THE ORDINANCE.
THE ISSUE IS THAT THEY'RE REMOVING TREES IN EXCESS OF THE MINIMUM REQUIRED PRESERVATION.
I MEAN, YOU CAN, YOU CAN REMOVE TREES AND MITIGATE UP TO A POINT, BUT AT SOME POINT YOU HAVE TO ACHIEVE A CERTAIN PERCENTAGE OF, OF PRESERVATION.
AND THAT'S APPEARS TO BE THE RUB HERE WHEN YOU'RE LOOKING AT, AT, AT THE PLAN.
BUT THEN THE OTHER SIDE IS THAT FROM THE CALCULATIONS I'VE SEEN, AND AGAIN, SOMEBODY, CORRECT ME IF I'M WRONG, THAT THE TREE, IF YOU LOOK AT THE CANOPY METHOD, THE CAN, THE PROPOSED CANOPY MEETS THE INTENT OF THE ORDINANCE.
IS THAT CORRECT? CAN SOME, CAN STAFF COME ACTUALLY TO SAY THAT? DISAGREE WITH ME IF THAT'S NOT THE CASE, YES, IT DOES.
SO ANOTHER QUESTION FOR STAFF.
SO IF WE APPROVE THIS TODAY, DOES THIS THEN HAVE TO GO TO CITY COUNCIL OR IS THIS THE ULTIMATE APPROVING BODY? UH, YOU WOULD BE THE APPROVING BODY, UM, STAFF HAS THE ABILITY TO APPEAL TO COUNCIL.
AND IF IT IS DENIED HERE, THE APPLICANT HAS THE ABILITY TO, UH, APPEAL TO COUNCIL AS, OKAY.
SO EITHER APPLICANT OR STAFF CAN THEN APPROVE WHATEVER HAPPENS HERE TO COUNCIL? YES, SIR.
WELL, THAT IS THE EXTENT OF MY
[02:00:01]
COMMENTS AT THIS POINT IN TIME.UH, WE WILL NOW ENTERTAIN A MOTION IF THERE'S NO FURTHER COMMENTS, MR. CHAIR, IF I, IF I MIGHT SURE THING.
YOU KNOW, I THINK FOR ME AFTER LISTENING TO THE QUESTIONS, THANK YOU ALL, UH, FELLOW COMMISSIONERS FOR THE QUESTIONS.
YOU KNOW, ONE OF THE BIG ISSUES HERE IS WHEN WE'RE TALKING ABOUT THE CALIPER MEASUREMENTS VERSUS THE CANOPY, IS THAT WE DO HAVE TWO DIFFERENT INTERESTS AT PLAY HERE.
IT SEEMS TO ME THE CAN CANOPY ADDRESSES ISSUES LIKE THE VISUAL APPEARANCE OF THE TREES ON THE PROPERTY.
AND IN THIS CASE, THERE SEEMED TO BE A LOT OF EFFORT ON BEHALF OF THE APPLICANT TO ADDRESS THAT VISUAL ISSUE.
I'M SITTING HERE LOOKING AT WHAT THE NEIGHBORS SEE ON THE EXISTING DATA CENTER FROM GOOGLE MAPS, AND IT'S VISUALLY PROBLEMATIC.
AND SO, YOU KNOW, BY ADDRESSING THE VISUAL ASPECT, THIS CANOPY ASPECT, I THINK THAT'S GOING A LONG WAY FOR ME.
UH, THE SINGLE STORY ADDRESSES THE VISUAL ASPECT AS WELL.
UH, AND THEN OF COURSE, AS, UH, MY FELLOW COMMISSIONERS HAVE NOTED THE 1.4 MILLION IN MITIGATION ALSO GOES FORWARD.
BUT THIS IS A, A HUB OF A GREAT NUMBER OF DATA CENTERS.
YOU CAN LOOK AT IT FROM A SATELLITE VIEW AND SEE THEM ALL THERE.
UM, YOU KNOW, WOULD IT BE, IN AN IDEAL WORLD, WE COULD HAVE MET THE REQUIREMENTS, THE VARIANCE WOULDN'T HAVE BEEN REQUIRED.
UH, WE WOULDN'T BE HERE FOR THIS APPEAL, BUT I WOULD CERTAINLY LEAN TOWARDS, UM, UH, REJECTING THE DENIAL AT THIS POINT.
COMMISSIONER WOODSMAN? COMMISSIONER ORIAN, YES.
I ALSO WANTED TO, TO, TO ADD, UH, ALL THE GOOD POINTS MADE, BUT ON WHAT'S PUSHING ME IN, IN SUPPORTING THE APPLICANT ON THIS IS THE C P S, UH, UH, SUBSTATION, WHICH IS A PUBLIC GOOD, HAS TO BE TO BE INUNDATED WITH TREES, AND THAT INCREASES THE HARDSHIP TO THE GENERAL, TO THE PROPERTY, TO THIS APPLICANT.
SO, UH, I, I'M, I'M MOVING TO SUPPORTING THE REQUEST.
THANK YOU, COMMISSIONER OREN, ANY OTHER COMMENTS? YEAH, I GOT A QUESTION.
UM, ONE OF THE THINGS THEY'RE HIGHLIGHTING IS THAT THEY'RE DESIGNING TO LEAD GOLD, WHICH HAS TO DO WITH THE BUILDING ITSELF.
BUT I WAS WONDERING, IS THERE ANYTHING THAT, UM, WE WOULD HAVE TO, THAT'S AN OPTION THAT THEY, AS A, AS THE OWNER OF THE BUILDING DECIDED TO DO, AND THAT'S GREAT, BUT THERE'S NOTHING WE COULD SAY THAT'S MAKES THESE THINGS, THEY HAVE TO ACHIEVE SOME TYPE OF LEAD CERTIFICATION TO GET THE VARIANCE RIGHT.
THAT'S NOT SOMETHING WE CAN DO.
WE WANNA ENTERTAIN A ROLL CALL VOTE ON THIS.
AT THIS POINT IN TIME, WE'LL ENTERTAIN IF THERE'S NO MORE COMMENTS FROM COMMISSIONERS, WE'LL ENTERTAIN A MOTION, UH, MOTION TO APPROVE APPLICANT'S.
UH, REQUEST FOR VARIANCE IS THAT APPEAL, APPEAL REQUEST TO, UH, APPROVE APPLICANT'S REQUEST TO APPEAL AND TO APPROVE THE VARIANCE.
SO AT THIS POINT IN TIME, WE HAVE A, WE HAVE A MOTION FROM COMMISSIONER PROFIT, WHICH NOBODY CAN REPEAT, BUT
SECOND, AND WE HAVE A SECOND FROM, WAS THAT COMMISSIONER ORIAN? OKAY.
WE HAVE SECOND FROM COMMISSIONER ORIAN STAFF, PLEASE DO A ROLL CALL.
VOTE, UH, COMMISSIONER GARCIA, OR, YOU KNOW, IT SOUNDS LIKE THIS I WISH WAS CHARMING IN SO I COULD VOTE LAST, UM, I'LL VOTE YES.
APPRECIATE YOUR TIME WITH SOME OF THE DIFFICULTIES WE HAD.
SORRY ABOUT THE QUORUM ISSUES.
AND, UH, I'VE BEEN ON PLANNING COMMISSION FOR A LONG TIME AND THAT HAS NEVER HAPPENED BEFORE, SO LET'S HOPE IT DOESN'T.
ANYWAY, AT THIS POINT IN TIME, IS THERE, UH, WE WILL ENTERTAIN A MOTION TO APPROVE
[Minutes]
THE MINUTES.MOTION TO APPROVE ALL THE MINUTES ON THE AGENDA.
WE HAVE A MOTION BY COMMISSIONER CHRISTOPHER GARCIA, SECOND BY COMMISSIONER PROFIT.
I WAS NOT HERE THE WHOLE MEETING.
ABSTENTION BY COMMISSIONER? UH, ZUKI.
IS THERE ANY STAFF PRESENTATIONS AT THIS POINT IN TIME? NO PRESENTATIONS.
IT IS 1133 AND WE ARE ADJOURNED.