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WE'RE GONNA GO AHEAD AND CALL THE SOUTHERN EDWARDS PLATEAU HABITAT CONSERVATION MEETING TO ORDER.
CAN I GET ROLL CALL? MR. NINO? PRESENT.
MR. FLORES? MR. GLARY? MR. BROCK? PRESENT CHAIR RAMIREZ.
DO WE HAVE ANY ONE SIGNED UP TO SPEAK? NO ONE HAS SIGNED UP TO SPEAK.
OKAY, SO LET'S GO AHEAD AND GO INTO AGENDA ITEM NUMBER ONE, PLEASE.
[Briefing and Possible Action on the following items ]
FOR THE FIRST ITEM ON THE AGENDA IS FOR THE DISCUSSION AND POSSIBLE ACTION ON S-A-P-H-C-P APPLICATION FOR H-E-B-L-P UNLIMITED PARTNERSHIP, LAND SAP APP 23 DASH 4 6 9 0 0 0 0 2.THIS PROJECT IS LOCATED WITHIN NORTHWESTERN BEAR COUNTY.
THE PROJECT CONSISTS OF APPROXIMATELY 30 ACRES LOCATED AT THE INTERSECTION OF TEXAS HIGHWAY TWO 11 AND CULEBRA ROAD ON THE EAST SIDE OF TEXAS.
HIGHWAY TWO 11 ON NORTH SIDE OF CULEBRA ROAD.
IT'S IN COUNTS IN COUNCIL DISTRICT ETJ.
THE OWNER IS HEB LP ELIMINATED PARTNERSHIP.
THE CONSULTANT IS ADAMS ENVIRONMENTAL INCORPORATED.
PARTNERSHIP IS CONSIDERING THE FUTURE DEVELOPMENT OF THE PROJECT AREA.
AS SUCH, THE APPLICANT WISHES TO ENROLL IN THE S-A-P-H-C-B-H-C-P TO MITIGATE IMPACTS TO THE S-A-P-H-C-P COVERED SPECIES FROM THE DEVELOPMENT ACTIVITIES.
THE HEB LP ELIMINATED PARTNERSHIP PROJECT AREA INCLUDES 24.5 ACRES OF GOLDEN CHEEKED WOBBLER HABITAT WITH THE PROJECT AREA AND 10.6 ACRES OF GCW HABITAT WITHIN 300 FEET OF THE PROJECT AREA.
THE HEB LP ELIMINATED PARTNERSHIP PROJECT AREA AREA WILL REQUIRE A TOTAL OF 54.5 GCW CONSERVATION CREDITS.
THE HEB LP ELIMINATED PARTNER PROJECT AREA DOES NOT HAVE ANY BLACK CAPPED FERIAL HABITAT AND WILL NOT REQUIRE ANY BCV CONSERVATION CREDITS.
THE H-E-B-L-P LIMITED PARTNERSHIP PROJECT AREA IS LOCATED OVER CAR STONE THREE AND CAR STONE FIVE AND TOTALS 28.64 ACRES WITHIN CAR STONE.
THE PROJECT AREA IS NOT LOCATED WITHIN ANY CRITICAL HABITAT UNITS, NOR IS IT WITHIN 750 FEET OF ANY OCCUPIED FEATURES.
PARTICIPATION IN THE S-A-P-H-C-P FOR THIS APPLICATION WILL REQUIRE THE FOLLOWING GCDW CONSERVATION CREDITS FEE OF 217,200 CAR STONE 3M FOUR, PARTICIPATION FEE OF 28,640.
PLAN ADMINISTRATION FEE OF 24,584.
THE APPLICANT WILL BE REQUIRED TO PAY THE FULL MITIGATION FEE OF 27 200 $70,424 PRIOR TO COMPLETING ENROLLMENT IN THE PLAN AND STAFF RECOMMENDS APPROVAL OF THE APPLICATION.
DO I HAVE ANY QUESTIONS ON THIS APPLICATION? I'LL, UH, ASK FIRST FOR ONLINE.
RUDY, I DON'T HAVE ANY QUESTIONS.
DO I HAVE A MOTION ON THIS ITEM? MOVE TO APPROVE.
I HAVE A MOTION TO APPROVE BY BOB BROCK AND A SECOND BY HOMER GARCIA.
ITEM TWO ON THE AGENDA IS DISCUSSION AND POSSIBLE ACTION ON SEP APPLICATION FOR VANTAGE DATA CENTERS, TEXAS TWO LAND SAP APP, 23 DASH 4 6 9 0 0 0 0 3.
THIS PROJECT IS LOCATED WITHIN NORTHWESTERN BEXAR COUNTY.
THIS PROJECT INSISTS OF APPROXIMATELY 31.030 ACRES LOCATED BETWEEN ROGERS ROAD, WISEN BOULEVARD AND STATE HIGHWAY 1 51.
THE PROPERTY IS LOCATED IN CONS DISTRICT SIX.
THE OWNER IS VANTAGE DATA CENTERS TEXAS TWO LLC.
CONSULTANT IS P DOS ENGINEERS VANTAGE DATA CENTERS CENTERS.
TEXAS TWO LLC IS CONSIDERING THE FUTURE DEVELOPMENT OF THE PROJECT AREA.
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AS SUCH, THE APPLICANT WISHES TO ENROLL IN THE S-A-P-H-P MITIGATE SAP TO MITIGATE IMPACT TO THE S-A-P-H-C-B COVERED SPECIES FOR DEVELOPMENTS ACTIVITIES, THE ADVANTAGE DATA CENTER'S TEXAS TWO LLC PROJECT AREA INCLUDES ZERO ACRES OF GOLDEN.SHE WARBLER HABITAT WITH THE PROJECT AREA AND ZERO ACRES OF GOLDEN SHEIK WARBLER HABITAT WITHIN 300 FEET OF THE PROJECT AREA.
THE VANTAGE DATA CENTER'S TEXAS TWO LLC PROJECT WILL REQUIRE A TOTAL OF ZERO GGCW CREDIT CONSERVATION CREDITS.
THE VANTAGE DATA CENTER'S TEXAS TWO LLC PROJECT AREA DOES NOT HAVE ANY BLACK CAD RIO HABITAT AND WILL NOT REQUIRE ANY PCV CONSERVATION CREDITS.
THE VANTAGE DATA CENTER'S TEXAS TWO LLC PROJECT AREA IS LOCATED OVER CAR ZONE TWO AND TOTALS 31.030 ACRES.
THE PROJECT AREA IS NOT LOCATED WITHIN ANY CRITICAL HABITAT UNITS, NOR IS IT WITHIN SEVEN 50 FEET OF ANY OF ANY OCCUPIED FEATURES.
PARTICIPATION IN THE SPHV FOR THIS APPLICATION WILL REQUIRE THE FOLLOWING CAR ZONE ONE AND TWO, PARTICIPATION FEE OF $31,030 PLAN ADMINISTRATION FEE OF $3,103.
THE APPLICANT WILL BE REQUIRED TO PAY THE FULL MITIGATION FEE OF $34,133 PRIOR TO THE COMPLETING ENROLLMENT IN THE PLAN.
WILL LOOK FOR, UH, ANY QUESTIONS ONLINE? I DON'T HAVE ANY QUESTIONS.
I'LL LOOK TO MY RIGHT, NO QUESTIONS AND TO MY LEFT, NO QUESTIONS AND I'LL TAKE A MOTION IF WE HAVE ONE.
I HAVE A MOTION TO APPROVE BY RUDY NINO.
DO I HAVE A SECOND? SECOND? I HAVE A SECOND BY BOB BROCK.
THIRD ITEM PLEASE ON THE AGENDA.
THE THIRD ITEM ON THE AGENDA IS DISCUSSION OF POSSIBLE ACTION OF S-A-P-H-C-P APPLICATION FOR VANTAGE DATA CENTER IS TEXAS ONE LLC LAND SEP APE APP 23 DASH 4 6 9 0 0 0 0 4.
THIS APPLICATION HAS BEEN AMENDED.
UM, UH, SIX ACRES WILL NOT BE ELIGIBLE TO RECEIVE INCIDENTAL TAKE COVERAGE FOR CARS DUE TO GROUND DISTURBANCE ALREADY HAVE COMMENCED ON THAT AREA.
THIS PROJECT IS LOCATED WITHIN THE NORTHWESTERN BEAR COUNTY.
THIS PROJECT CONSISTS APPROXIMATELY 51 ACRES DUE THE AMENDED AREA, SIX ACRES OF SERVED AREA LOCATED BETWEEN OMICRON DRIVE AND LAMB AND LAMBDA DRIVE.
THE PROPERTY IS LOCATED WITHIN THE ETJ.
THE OWNER IS VANTAGE DENNIS CENTER, TEXAS ONE LLC.
ENGINEERS VANTAGE DATA CENTERS TEXAS ONE LLC IS CONSIDERING THE FUTURE DEVELOPMENT OF THE PROJECT AREA SETS THE APPLICANT WISHES TO ENROLL IN THE SPHP TO MITIGATE IMPACTS THE SPHP COVERED SPECIES FOR THE DEVELOPMENT ACTIVITIES.
THE VANTAGE DATA CENTER'S TEXAS ONE LLC PROJECT AREA INCLUDES ZERO ACRES OF GOLDEN CHEEK WARBLER HABITAT WITH A PROJECT AREA AND ZERO ACRES OF GOLDEN CHEEK WARBLE HABITAT WITHIN 300 FEET OF THE PROJECT AREA.
THE VANTAGE DATA CENTER'S TEXAS L ONE C-C-L-L-C PROJECT AREA WILL REQUIRE A TOTAL OF ZERO GGCW CONSERVATION CREDITS.
THE VANTAGE DATA CENTER'S TEXAS ONE LLC PROJECT AREA DOES NOT HAVE ANY BLACK CAB BURIAL BCV HABITAT AND WILL NOT REQUIRE ANY BCV CONSERVATION CREDITS.
THE NEVADA GENESIS CENTERS TEXAS ONE LLC PROJECT AREA IS LOCATED OVER CAR ZONE THREE AND TOTALS THE ENTIRE 57 ACRE AREA.
AND THE PROJECT AREA IS NOT LOCATED WITHIN ANY CRITICAL HABITAT UNITS, NOR IS IT WITHIN 700 FEET OF THE OCCUPIED FEATURES.
WE'LL NOT KNOW THE EXACT TOTAL ENROLLMENT FEE UNTIL WE GET THE MEETS AND BOUNDS OF THE SAVE AND ACCEPT DISTURBED AREAS, BUT IT'LL BE A DECREASE OF THE FEES OUTLINED ON THIS, ON THIS AGENDA ITEM.
THE APPLICABLE REQUIRED TO PAY THE FULL MITIGATION ONCE IT HAS BEEN DETERMINED PRIOR TO COMPLETING THE ENROLLMENT IN THE PLAN.
IF THE REMAINDER OF THE ENROLLMENT AREA IS APPROVED BY THE COMMITTEE, A FIELD NOTES DESCRIPTION WILL BE NEEDED FOR THE DISTURBED AREA PRIOR TO COMPLETING ENROLLMENT AND WILL GO INTO THE PARTICIPATION AGREEMENT AS A SAVE AND ACCEPT AREA TO CLEARLY IDENTIFY THAT THE DISTURBED AREA DOES NOT HAVE INCIDENTAL TAKE COVERAGE.
STAFF RECOMMENDS APPROVAL AND THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
AND THAT WOULD BE STAFF WOULD RE APPROVAL AS AMENDED? CORRECT.
UM, DO I HAVE ANY QUESTIONS? I'LL FIRST LOOK ONLINE OR DOES P DAWSON WANNA APPROACH THE PODIUM AND PROVIDE SOME FEEDBACK ON THE SINCE YOU ARE HERE.
I AM TOM CARTER WITH PAYPALS AND ENGINEERS.
UM, THIS SITE, UH, WE WE HAD A, A BIT OF A PROCESS ISSUE I THINK, UH, IN THAT, YOU KNOW, WE'VE BEEN WORKING THROUGH THE PERMIT PROCESS WITH BOTH THE CITY AND THE COUNTY FOR, FOR SEVERAL MONTHS.
UM, WE'VE, WE'VE RECEIVED THE, UM, STORMWATER APPROVAL FROM THE COUNTY.
WE'VE ASSUMED WE'VE RECEIVED, YOU KNOW, NUMEROUS OTHER, UM, APPROVALS WITHIN THEIR PROCESS.
AND WE'VE RECEIVED THE TREE ORDINANCE, UH, APPROVAL FROM THE CITY.
WE HAVE A VERY GOOD CONTRACTOR ON THIS JOB.
UH, IT'S, IT'S, UM, UH, WHITING TURNER.
THEY'VE, THEY'VE BEEN WORKING IN SAN ANTONIO FOR 20 YEARS.
THEY BUILT SOME OF THE BIGGEST PROJECTS IN TOWN AND, YOU KNOW, THEIR SUPERINTENDENT MET WITH THE CITY ARBORIST AND GOT A GREEN LIGHT TO CLEAR THE
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PROPERTY AND THERE WASN'T ANYTHING IN THE PROCESS THAT TOLD HIM HE SHOULDN'T BE ABLE TO CLEAR THE PROPERTY.UM, YOU KNOW, AND IN HINDSIGHT, I THINK THERE NEEDS TO BE SOME KIND OF A CONNECTION BETWEEN THE S SE S-E-P-A-C-P PROCESS AND THE TREE PROCESS TO, YOU KNOW, ENLIGHTEN OUR CONTRACTING FRIENDS THAT WERE NOT QUITE READY TO CLEAR THE SITE.
SO AS SOON AS WE FOUND OUT THAT HE HAD STARTED, UM, YOU KNOW, WE, WE STOPPED HIM, NOTIFIED THE CITY THAT THIS, THIS CLEARING HAD HAPPENED, WE WOULD REALLY LIKE TO INCLUDE THE SIX ACRES.
I RECOGNIZE THAT WE'RE UNDER, UM, YOU KNOW, THAT'S NOT WHAT STAFF IS RECOMMENDING, BUT IF WE COULD INCLUDE THE SIX ACRES, YOU KNOW, IN THE PROCESS, WE FEEL LIKE THAT THAT'S, UM, YOU KNOW, ADDED PROTECTION FOR OUR CLIENT AS WELL AS, UH, YOU KNOW, PROBABLY A BETTER PROCESS FOR BOTH THE CITY.
NOW WE CAN PROCEED WITH THE PROJECT.
UM, UNDER FISH AND WILDLIFE PROTOCOL.
CARSON THREE, WE'RE PROBABLY NOT GONNA FIND ANYTHING.
WE'VE ONLY GOT ABOUT FIVE FOOT A CUT IN THE AREA THAT'S BEEN CLEARED AT THE MOST.
AND, AND, AND ABOUT TWO THIRDS OF THE AREA WE'LL BE IN A FILL ZONE, SO WE DON'T ANTICIPATE TO FIND ANYTHING.
WE ALSO HAVE HAD A BIOLOGIST ON THE PROPERTY IN, IN THE LAST DAY OR TWO LOOKING TO SEE IF THERE'S ANY FEATURES THAT ARE NOW VISIBLE THAT WEREN'T VISIBLE BEFORE THE PROPERTY WAS CLEARED AND WE HAVEN'T BEEN ABLE TO FIND ANYTHING.
UM, SO IF YOU HAVE ANY QUESTIONS, I'M AVAILABLE.
UH, I'LL LOOK ONLINE FIRST TO SEE IF THERE'S ANY QUESTIONS.
I, I DON'T HAVE ANY QUESTIONS.
SO THIS HAS START AT THE PLATTING PROCESS? CORRECT? WE'RE, WE'RE WELL INTO THE PLATTING PROCESS.
SO AS PART OF THAT PLANNING PROCESS, THERE'S USUALLY A FORM THAT COMES IN THAT SAYS THAT YOU, YOU HAVE OR ARE IN THE PROCESS OF COMPLYING WITH HABITAT CONSERVATION, THE HABITAT CONSERVATION PLAN AND ALL.
AND THAT WAS ABSOLUTELY SUBMITTED AND IT SAID THAT WE WOULD BE, BE PARTICIPATING IN THE S-E-P-H-C-P.
UH, WHAT, WHAT WAS LACKING WAS THE CONSTRUCTION SUPERINTENDENT DIDN'T HAVE THAT INFORMATION.
MAYBE THAT'S ON US TO MAKE SURE HE HAS IT.
BUT IT WAS ALSO, YOU KNOW, HE MET WITH THE ARBOR, WHICH IS PART OF THE PROCESS TO GET, UH, UH, AN APPROVAL ON THE, THE TREE ORDINANCE, UM, YOU KNOW, PROCESS AS WELL AS, YOU KNOW, HAVING THE COUNTY'S PROCESS FOR APPROVING THE STORM WATER, UM, PRODUCTION PLAN, WHICH, YOU KNOW, BOTH THE TREE ORDINANCE AND THE STORMWATER, UH, PLAN ARE BOTH APPROVED.
AS SPEAKING ON BEHALF OF THE COUNTY FOR THE STORMWATER PROGRAM, BASICALLY, AGAIN, WE ACCEPT YOUR ACKNOWLEDGEMENT THAT YOU'RE GONNA BE COMPLYING THROUGH WHATEVER STEPS THAT IT IS THAT YOU'RE GONNA COMPLY BASED ON THAT FORM.
AND THAT'S NOT A CONDITION FOR OUR APPROVAL.
SO, UM, I GUESS THAT'S ALL I HAVE TO SAY.
IF I IT AND, AND BOB, IT, IT, IT'S NOT THAT WE'RE, WE'RE TRYING TO SAY, UM, THAT NECESSARILY THINGS WEREN'T DONE RIGHT.
EVERYTHING WAS, WAS LINED UP TO BE DONE.
WE JUST LACKED THAT LAST LITTLE COM COMMUNICATION WITH THE CONTRACTOR THAT JUST BECAUSE THE TREE ORDINANCE WAS CLEARED AND THE STORM WATERS CLEARED, WE STILL HAD ONE MORE CLEARANCE THAT WE NEEDED TO GET.
AND IT WAS, YOU KNOW, DOWN TO A WEEK.
YOU KNOW, IF, IF WE WOULD'VE WAITED A WEEK, THEN WE WOULDN'T HAVE HAD THIS ISSUE.
AND, AND, AND WE CAN'T, YOU KNOW, WE TRY OUR BEST TO COMMUNICATE THESE THINGS TO, YOU KNOW, TO THE, THE PEOPLE THAT BUILD THE PROJECTS.
BUT, YOU KNOW, THEY'RE READY TO GO.
YOU KNOW, THEY, THEY'RE, YOU KNOW, THEY'VE GOT A CONTRACT, THEY'RE, THEY'RE READY TO BUILD THE FACILITY AND, AND, UH, THEY'RE PUSHING US, YOU KNOW, CONSTANTLY TO, TO GET STARTED.
WELL, I, I HAVE NO FURTHER QUESTIONS.
UM, IF YOU WANNA MAKE A STATEMENT OR I, I DO HAVE A QUESTION.
UM, SO WHEN WAS THE PERMIT, UM, PROVIDED OR APPROVED FOR, UM, CLEARING THE TREE PERMIT WAS
THE INSPECTION TOOK PLACE ON NOVEMBER THE SIXTH.
CAN YOU JUST REPEAT THAT FOR THE RECORD? THE INSPECTION WAS ON NOVEMBER THE SIXTH.
AND THEN WHEN WAS THE APPLICATION LAUREN SUBMITTED FOR, UM, S-E-P-H-C-P? UM, THE APPLICATION FOR WAS SUBMITTED ON NOVEMBER 16TH, 2023.
SO THE APPLICATION FOR S-E-P-H-C-P WAS SUBMITTED AFTER THE FACT THAT THE PER THE TREE PERMIT WAS ISSUED? CORRECT.
SO I THINK THERE STILL NEEDS TO BE, I THINK THERE STILL NEEDS TO HAVE MORE COMMUNICATION ON, UM, ON BOTH SIDES.
AND, AND THIS, THERE WAS A PREVIOUS TWO CASES THAT DID HAPPEN, UM, MOST RECENTLY WITH BREACHES.
AND THE CITY OF SAN ANTONIO CHANGED THEIR PROCESS TO ACCOMMODATE ADDITIONAL STEPS TO HELP EVERYONE UNDERSTAND WHAT THOSE ARE, WHICH IS, INCLUDES
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A PRELIMINARY MEETING BEFORE CONSTRUCTION.IT'S NOT AN ONSITE MEETING, BUT IT IS A MEETING, UH, AFTER THE PARTICIPATION AGREEMENT IS SIGNED.
SO THAT IS A STEP THAT WAS ADDED, UM, WITHIN THE LAST TWO SITUATIONS THAT OCCURRED.
UM, AND I KNOW THERE IS A, A PROPOSAL ON THE TABLE FOR STAFF TO RECOMMEND AN AMENDMENT TO REMOVE THE SIX ACRES.
DO I HAVE ANY OTHER QUESTIONS FROM ANYONE? UM, SO ON THE, I GUESS THOUGHT OF COMMUNICATION FOR THIS CONTRACTOR, UNDERSTAND THEY WANTED TO GET GOING.
HAVE THEY DONE OTHER PROJECTS WHERE THEY'VE HAD TO GO THROUGH THIS PROCESS BEFORE? I'M NOT CERTAIN, YOU KNOW, A HONESTLY S-A-P-H-C, IT'S BEEN AROUND A BIT.
YOU KNOW, IT, IT'S, IT'S NOT A BRAND NEW PROCESS, BUT NOT EVERY CONTRACTOR HAS WORKED IN IT.
AND YOU ALSO DON'T KNOW, YOU KNOW, IF, IF THE SPECIFIC STAFF THAT ARE ON THE JOB HAVE, HAVE WORKED ON PROJECTS LIKE THAT.
SO I, I DON'T REALLY KNOW THE ANSWER TO THAT.
AND I THINK RUDY HAS A QUESTION ONLINE.
UM, MELISSA, CAN YOU CLARIFY, I GUESS THE, THE SIX ACRE ISSUE? I THINK IF THE APPLICANT IS REQUESTING THE ADDITION OF A SIX ACRE PORTION, CAN YOU EXPLAIN, CAN SOMEONE EXPLAIN THAT? SO FROM WHAT HAS OCCURRED, THE ORIGINAL APPLICATION INCLUDED HOW MANY ACRES? 57.8 ACRES.
UM, WITHIN THOSE 57 ACRES, THERE WAS A UNFORTUNATE CLEARING THAT OCCURRED, UM, OF SIX, APPROXIMATELY SIX ACRES.
WE DON'T HAVE THE CORRECT ACREAGE 'CAUSE UH, WE NEED MEETS AND BOUNDS FOR THAT.
BUT THAT'S APPROXIMATELY THE AMOUNT OF ACRES THAT HAVE BEEN CLEARED.
AND THESE ACRES THAT HAVE BEEN CLEARED ARE WITHIN THE ENROLLED AREA.
SO RUDY, THE, THE EXHIBIT THAT, UH, THAT IS ON THE SCREEN THAT SORT OF HAS THE AME IN THE MIDDLE OF IT, THAT'S THE AREA THAT WAS CLEARED.
AND SO THE OVERALL TRACT WITH THE YELLOW AND AND RED DASH LINES ARE, IS THE OVERALL PROPERTY, THE 57 ACRES.
AND THE RED, UH, HAND DRAFTED LINE IS, IS THE APPROXIMATE SIX ACRE AREA THAT WAS CLEARED.
READY? CAN YOU HEAR TOM OKAY? I JUST WANNA MAKE SURE I CAN HEAR FINE.
AND SO MELISSA, SO STAFF'S RECOMMENDATION THOUGH IS FOR APPROVAL WITH THE EXCEPTION OF THE AREA IN RED, WHICH IS THE SIX APPROXIMATE SIX ACRES.
AND TOMMY, I KNOW YOU SAID YOU WANTED TO INCLUDE IT.
WHAT, WHAT, WHAT COULD YOU PROVIDE AS PART OF THE RECORD? I KNOW THAT'S NOT GONNA HAPPEN TODAY, BUT WHAT COULD YOU PROVIDE AS PROOF THAT THERE WAS NO DISTURBANCE, IF ANYTHING? I, UH, NO DISTURBANCE, UH, UH, GROUND DISTURBANCE.
IF THERE WERE SOMETHING TO BE FOUND UNDERGROUND, LIKE HOW WOULD WE KNOW THERE WAS NO DISTURBANCE OF ANY KARST POTENTIAL KARST? WELL, WE'VE DONE NO DIFFERENT THAN YOU WOULD DO IN ANY OTHER GEOLOGIC ASSESSMENT OR, OR BIOLOGIC ASSESSMENT.
YOU, YOU HAVE A, A, A TRAINED BIOLOGIST WHO'S ON THE PROPERTY.
DOES, DOES THEIR, THEIR WALK-IN LOOKS FOR ANY FEATURES.
UM, THE PROPERTY, JUST FOR HISTORY ON THE PROPERTY, WE HAD A PREVIOUS CLIENT THAT HAD LOOKED AT THIS PROPERTY A FEW YEARS AGO, AND WE HAD DONE THAT, THAT, THAT LEVEL OF WALK ON THE PROPERTY FOR THAT CLIENT.
AND THEN WE'VE GOT A NEW CLIENT, WE'VE GOT A SLIGHTLY DIFFERENT PROPERTY JUST OUT OF, UH, UM, UH, CAUTION.
WE WENT AHEAD AND, AND COMPLETED, UH, THE ASSESSMENT AGAIN FOR THIS CLIENT BEFORE WE MADE THE SUBMITTAL.
AND THEN I'VE HAD THE SAME BIOLOGIST GO OUT, UM, JUST YESTERDAY AND HE COMPLETED A WALK AND HE SAID, YOU KNOW, THERE WAS NOTHING TO BE FOUND IN ANY OF THOSE THREE WALKS.
AND SO HE'S NEVER FOUND ANY FEATURES ON THIS PROPERTY.
WE KNOW THAT IN THE GENERAL VICINITY, UH, YOU KNOW, IN THIS, THIS CAR ZONE THREE, IT, IT'S NOT IMPOSSIBLE TO SEE A FEATURE ON PROPERTIES, BUT ON THIS PARTICULAR PROPERTY, WE HAVE NOT FOUND ONE.
AND I COULD PRODUCE A REPORT, YOU KNOW, FROM THE BIOLOGIST THAT, THAT DOCUMENTED IT ALONG WITH PHOTOGRAPHS OF THE PROPERTY.
AND THERE ARE KNOWN CARS, BUT NOT WITHIN THIS AREA.
NO, NO KNOWN FEATURES ON THIS PROPERTY WITHIN THE, THE, THE ENTIRE 57 ACRES.
SO CURRENTLY THERE'S BEEN ROUGHLY FIVE FEET DEEP THAT NO, NO CUT OR FILL HAS HAPPENED, BOB.
ALL ALL THAT IS ALL THIS HAPPENED IS, IS THAT THE, THE TREES WERE REMOVED.
BUT, UH, AND, AND GENERAL SOIL DISTURBANCE ON THE SURFACE, BUT THERE'S NO, THERE'S BEEN NO EARTHWORK EQUIPMENT ON THE PROPERTY DOING, YOU KNOW, ANY, ANY CUTTER FILL.
SO HOW, WHAT, WHAT'S THE DEPTH THAT YOU'RE EXPECTING TO GO THROUGH
THE, THE, THE PORTION NEXT TO OMICRON IS
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GONNA BE AROUND FIVE FOOT A CUT, AND THE PORTION TOWARDS THE DRAIN WILL BE AROUND FIVE FEET OF FILL.AND WILL THERE BE ANY DRILL SHAFTS OR ANYTHING LIKE THAT? NO.
PEERS, SHALLOW FOUNDATIONS, JUST SHELL FOUNDATIONS IN THIS BUILDING.
HAVE QUESTION, I HAVE A QUESTION.
THIS IS MORE FOR, UM, I GUESS THE SET BODY.
UH, HAS THIS CIRCUMSTANCE COME UP IN OTHER INSTANCES AND HOW HAS THAT BEEN HANDLED? SO I CAN SPEAK TO THE PREVIOUS BREACHES THAT OCCURRED, BUT THAT WAS AFTER THE PARTICIPATION AGREEMENT WAS SIGNED.
THIS IS THE FIRST TIME WHERE HANDLING A SITUATION WHERE A PROPOSED ENROLLMENT AREA HAS BEEN CLEARED.
NOW THE DIFFERENCE WITH THE LAST ONE WAS THOSE WERE GOLDEN CHEEK WARBLER PROTECTIONS.
SO THE SURVEYS THAT HAVE BEEN DONE, AND TOM CORRECT ME IF I'M WRONG, OR JENNY, THE SURVEYS THAT HAVE BEEN DONE FOR THIS PROPERTY DON'T IDENTIFY ANY KARS FEATURES WITHIN THE PROPERTY.
THAT WAS WHAT TOM WAS MENTIONING EARLIER.
THEY FOUND THEM ON THE OUTSKIRTS OF THE PROPERTY, JENNY, CORRECT.
AND, UM, FOR STAFF'S RECOMMENDATION TO INCLUDE THIS, I, IS THERE ADDITIONAL EVIDENCE THAT IS DESIRED TO, TO BE ABLE TO ESTABLISH THAT POSITION? SO IF WE ARE GOING DOWN THE PATH OF APPROVING, UM, THIS WITH THE FULL 57 ACRES, NOT MINUS THE SIX OR APPROXIMATELY SIX, THEN THAT WOULD SET PRECEDENT, MEANING THIS IS THE FIRST TIME WE'RE DOING IT.
UM, BUT THE, SO THE QUESTION IS, IS WHETHER OR NOT WE FEEL SUFFICIENT ENOUGH TO ENSURE THAT NO POTENTIAL CAST HAVE BEEN DISTURBED.
IF THERE'S SOMETHING FOUND, THAT'S WHAT THIS TOOL IS FOR, RIGHT? IS TO BE ABLE TO DEVELOP ON A PROPERTY AND IF A KARST FEATURE IS FOUND, RELY UPON THE PLAN TO ALLOW THEM TO CONTINUE.
THERE'S OBVIOUSLY REQUIREMENTS THEY HAVE TO COMPLY WITH.
BUT NOW THE QUESTION IS, IS SINCE THE PROPERTY'S BEEN CLEARED, HAS ANY DISTURBANCE OCCURRED? IF ANY, WE DON'T KNOW.
WE WON'T FIND OUT UNTIL CONSTRUCTION ACTUALLY BEGINS.
TOM WAS IS THERE ANYTHING YOU WANNA ADD TO THAT? NO, I MEAN, IT, IT'S, IT'S A CAR DEVELOPMENT.
I MEAN, WHAT WE, WE FIND IS, UM, AND, AND CERTAINLY IN IN THE OTHER CARON CAR, CARONE TWO, WE'D FEEL PRETTY BULLISH.
YOU'RE GONNA FIND SOMETHING IN, IN A CARONE THREE.
IT IS NOT IMPOSSIBLE TO SEE SOMETHING, BUT WE CAN HAVE WHOLE SITES THAT WE DON'T, THAT WE DON'T SEE ANYTHING AT ALL.
AND, YOU KNOW, WE DO MONITOR THEM THROUGH, THROUGH CONSTRUCTION.
MELISSA, I DO NEED TO, DO YOU WANNA APPROACH THE PODIUM? YES.
THIS IS JENNY BLAIR WITH BLAIR WILDLIFE.
UM, SO ON OUR APPLICATION THAT WE DID RECEIVE, UM, THERE WAS ONE SOLUTION CAVITY ACTUALLY FOUND, UH, ON SITE.
UH, IT WAS, UH, KIND OF TOWARDS THE BOTTOM END.
UM, IT WAS FOUND NOT TO BE SUITABLE HABITAT FOR SPECIES, BUT THE PRESENT, THE GEOLOGIC CHARACTERISTICS AND REQUIREMENTS NECESSARY FOR KARST, UM, FORMATION AND POTENTIAL KARST INVERTEBRATE HABITAT ARE PRESENT WITHIN THE SITE.
I JUST WANTED TO CLARIFY, BUT IT WASN'T SUITABLE.
THAT ONE WAS DETERMINED TO BE TOO SHALLOW.
AND TO CLARIFY, JENNY, WITHIN THE SITE, YOU MEAN WITHIN THE SIX ACRES, WITHIN THE OVERALL ENROLLMENT AREA, THE OVERALL 58 ACRES OR 57 ACRES POINT? THANKS FOR THE CLARIFICATION.
RUDY, DID YOU HAVE A QUESTION? YEAH, AND I GUESS THAT I, I THINK I'M KIND OF GOING ALONG THE LINES OF, OF QUESTIONING THAT HOMER IS WOULD, BUT GIVEN THE FACT THAT YOU'RE SAYING THAT IT'S PRECEDENT SETTING, THEN WE WOULDN'T KNOW NECESSARILY WHAT SORT OF DOCUMENTATION BECAUSE I MEAN, I THINK WE, NOW WE'RE IN THE POSITION
SO BARRING THAT, I, I, I WOULD, I, YOU KNOW, I THINK THAT WE WOULD WANT TO SEE SOMETHING IN WRITING.
WE'D WANT SOMETHING SUBMITTED TO THE CITY AS PART OF THIS APPLICATION THAT STAFF COULD REVIEW BEFORE TRULY SAYING THAT WE'RE, WE'RE CONFIDENT THAT THERE WASN'T A DISTURBANCE.
THAT, THAT, I GUESS THAT'S JUST MY, MY COMMENT ON MY PART.
ANYBODY ELSE? YEAH, I MEAN, I GUESS THE OTHER, AND, AND MAYBE IT WAS SIMILAR TO WHERE RUDY WAS GOING, IS IF THIS WHERE A FRESH NEW APPLICATION
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WITH THE SUBJECT PROPERTY IN ITS EXISTING STATE, HOW WOULD THAT PLAY INTO OR FACTOR INTO STAFF'S RECOMMENDATION? SAY THAT LAST PART AGAIN.I WAS JUST, YOU KNOW, IF THIS APPLICATION JUST CAME IN TODAY, UM, AS WITH THE CURRENT SITE CONDITIONS, YOU KNOW, HOW WOULD THAT PLAY INTO OR IMPACT STAFF'S RECOMMENDATION, WHICH I GUESS JUST GOES BACK TO THE, THE NOT KNOWING WE HAVE SOME ADDITIONAL PERSPECTIVE, BUT IF THIS WAS JUST COMING IN THE FRONT DOOR RIGHT NOW, WOULD, WHAT'S THE LIKELIHOOD THAT THAT WOULD BE INCLUDED IN STAFF'S RECOMMENDATION OR NOT? DOES IT CHANGE ANYTHING? IN OTHER WORDS? I, AND I THINK, UH, BASED OFF OF THE CONVERSATIONS THAT THE STAFF HAS BEEN HAVING, UM, IN THIS SITUATION, THE REFLECTED RECOMMENDATION THAT'S ON THE TABLE IS THE PRODUCT OF THAT.
I BELIEVE THE CONVERSATION STARTED LAST THURSDAY.
UM, AND SO RUDY IS RIGHT, IF THERE'S SOMETHING THAT WE NEED TO EVALUATE TO CONSIDER, UM, THAT POTENTIALLY MIGHT CHANGE OUR POSITION THAT HASN'T BEEN PROVIDED JUST YET.
UM, I THINK IT, YOU KNOW, THIS, WE ISSUED, WE POSTED THE AGENDA I THINK ON WEDNESDAY OR THURSDAY, LAUREN.
IT WAS THURSDAY AFTERNOON, THURSDAY AFTERNOON, AND THEN WE WERE, WE, YOU KNOW, WE GOT NOTICE ON THURSDAY AFTERNOON THAT THERE WAS A, A CLEARING OF THE SIX ACRES.
SO THE CONVERSATION HAS BEEN EVOLVING SINCE THEN.
I, I, UM, FEEL COMFORTABLE WITH THE MOTION, WHICH IS CONSISTENT WITH STAFF'S RECOMMENDATION, GIVEN THE CONVERSATION THAT, YOU KNOW, APPEARS TO HAVE EVOLVED FROM THURSDAY TO TODAY AND IS A LITTLE IN FLUX.
AND, AND THAT THIS WOULD BE ESTABLISHING PRECEDENT, I THINK, UM, FROM A PROCESS PERSPECTIVE AND FOR THIS BODY BEHOOVES US TO MAKE SURE THAT, YOU KNOW, WE'VE, WE'VE DONE OUR DUE DILIGENCE.
IF THAT MEANS THAT THIS NEEDS TO BE TABLED FOR THAT ADDITIONAL LEVEL OF, UH, KNOWLEDGE BE PERFORMED AND SUBMITTED FOR CONSIDERATION, THEN I I'M OKAY THAT, I'M OKAY WITH THAT AS WELL.
DO YOU HAVE ANY, ANYTHING ELSE, BOB TEDD? YEAH, I'M, I'M KIND OF HEADED IT IN THAT DIRECTION MYSELF.
WOULD IT BE BEST JUST TO TABLE THIS FOR NOW, GET ADDITIONAL INFORMATION? I MEAN, LIKE I SAY, IF THIS NEEDS TO MOVE FORWARD, I, AGAIN, I WOULD FOLLOW THE STAFF RECOMMENDATION TO EXCLUDE THAT SIX ACRES FROM THAT AT THIS TIME.
UH, I GUESS IF THAT IS THE FINAL MOTION THAT MOVES FORWARD, THEN COULD THE APPLICANT COME BACK AT A LATER DATE WITH ADDITIONAL INFORMATION TO AMEND IT OR HAVE A SEPARATE APPLICATION TO INCLUDE THAT EXTRA SIX ACRES BASED ON BETTER INFORMATION.
AND I GUESS, TOM, I'LL TURN TO YOU.
YEAH, I, I THINK GIVEN THE TIMING OF, OF PROGRESS ON THE PROJECT, WE REALLY NEED TO, YOU KNOW, LEAVE WITH SOME KIND OF AN APPROVAL.
SO WE'RE WILLING TO ACCEPT STAFF RECOMMENDATION.
WE'LL TALK TO THE CLIENT ABOUT POTENTIALLY COMING BACK WITH THE SIX ACRES WITH NO FURTHER WORK DONE ON IT IN THE NEXT MEETING.
BUT, UM, CHANCES ARE WE'LL JUST PROGRESS WITH, UH, WITH FISH AND WALLET PROTOCOL ON THAT.
SO AT THE, AT THE MOMENT ON THE TABLE, IS THE STAFF RECOMMENDATION AS AMENDED TO REMOVE THE POTENTIALLY APPROXIMATELY SIX ACRES AND WE'LL CLARIFY THAT WITH MEETS AND BOUNDS WHEN THEY'RE RECEIVED? THAT IS CORRECT.
DO I HAVE A MOTION ON THE TABLE? I, I'D LIKE TO MAKE A MOTION FOR APPROVAL OF STAFF RECOMMENDATION.
SECOND, I HAVE A MOTION TO APPROVE BY RUDY NINO AND A SECOND BY HOMER GARCIA AS AMENDED AS STAFF'S RECOMMENDATION.
[Approval of Minutes ]
AND I THINK WE HAVE ONE MORE ITEM ON THE AGENDA, WHICH IS OUR MINUTES ARE, DO I HAVE ANY RECOMMENDATIONS FOR CHANGES OR ANY ACCEPTANCE OF OUR MINUTES? I MOVE TO APPROVE.SECOND, I HAVE A MOTION TO APPROVE BY BOB BROCK AND A SECOND BY HOMER GARCIA.
AND OUR MEETING IS ADJOURNED AT 4 0 4.