[00:00:04]
WE'RE GONNA GO AHEAD AND CALL THE S-E-P-H-C-P COORDINATING COMMITTEE MEETING TO ORDER, UH, IF WE CAN START WITH A ROLL CALL.
PRESENT COMMITTEE MEMBER WHITTEN.
PRESENT COMMITTEE MEMBER GLARY COMMITTEE MEMBER SIMPER.
PRESENT CHAIR SPARROW PRESENT.
[Public Comments ]
HAVE SOME PUBLIC COMMENT.IF WE CAN GO AHEAD AND CALL THOSE FOLKS IN THE ORDER THEY WERE SIGNED IN.
WE'LL DO THREE MINUTES A PIECE.
UH, WE'LL START WITH STEWART, FOLLOWED BY PHILIP MANNA.
UH, MY NAME IS STUART BURNBAUM.
I LIVE AT 9 8 7 9 CASH MOUNTAIN ROAD IN HE LOTUS.
UH, THANKS FOR THIS OPPORTUNITY TO SPEAK TO YOU.
UM, I GET GOLDEN CHEEK BOBS AT MY HOUSE.
I'M ABOUT THREE AND A HALF MILES FROM THE, UH, PROPERTY.
UNDER DISCUSSION IN ITEM TWO, UH, I WALK MY DOG AT MADLA PARK, WHICH IS MAYBE ABOUT TWO AND A HALF MILES.
UH, AND WITH MY MERLIN APP, I RECORD THE PRESENCE OF GOLDEN CHEEKS.
UM, ONE OF MY CONCERNS SINCE THE COMMITTEE IS HABITAT CONSERVATION IS THAT HABITAT IS BEING TAKEN UNNECESSARILY FOR WRONG REASONS.
UM, I AM CONCERNED, UH, AT THE LAST, UM, UH, GOD JUST DREW A BLANK, UM, SENTINEL LANDSCAPE, CAMP BULL IS SENTINEL LANDSCAPE MEETING THAT I ATTENDED.
THERE WERE PEOPLE THERE WHO WERE CONCERNED THAT GOLDEN CHEEKS WERE GOING TO BE PUSHED ONTO CAMP BULLIS, WHICH WOULD HAVE A NEGATIVE IMPACT ON THEIR MISSION AND THEIR TRAINING CAPABILITIES BECAUSE THEY CAN'T DO EVERYTHING THEY NEED TO DO WHEN THE GOLDEN CHEEKS ARE THERE.
AND THE GOLDEN CHEEKS ARE AT CAMP BULLIS.
UH, THAT IN CON IN ADDITION TO THE WATER ISSUES, UM, MY BACKGROUND IS IN GEOSCIENCES AND UM, MUCH OF THE WORK I'VE DONE HAS BEEN STUDYING, UH, UH, WATER CHEMISTRY AND GROUNDWATER CHEMISTRY AND GROUNDWATER MIGRATION.
AND THE WATERS IN THAT AREA WILL DIRECTLY RECHARGE THE TRINITY GLEN ROSE AQUIFER, WHICH CONTRIBUTES A SIGNIFICANT PROPORTION OF WATER TO THE RECHARGE OF THE EDWARDS AQUIFER.
SO CONSERVATION OF HABITAT, THE, UH, AQUATIC ORGANISMS THAT ARE ALSO IN THAT GROUNDWATER SYSTEM ARE ALSO THREATENED.
UM, I PLEASE ASK YOU TO REJECT THIS CURRENT REQUEST FOR ADDITIONAL HABITAT TAKING.
PHILIP MANNA, FOLLOWED BY RANDY NEWMAN.
HELLO, MY NAME IS PHILIP MANNA.
I LIVE AT 9 5 2, UH, ROCHELLE ROAD, AND I AM THE PRESIDENT OF ALAMO FARMSTEADS C**K ROAD NEIGHBORHOOD ASSOCIATION IN DISTRICT SEVEN.
AND I'M A RESIDENT OF SAN ANTONIO FOR 52 YEARS.
UH, I'VE BEEN PARTICIPATING WITH COASTAL PLANNING AND ZONING FOR MORE THAN 20 YEARS IN VARIOUS CAPACITIES.
ONE OF MY MAIN DRIVERS AS A PARTICIPANT IN MANY COMMUNITY TRANSPORTATION SECTOR, INCLUDING THE NORTH SECTOR PLAN, UM, REGIONAL PLANS, ET CETERA, IS ENSURING COMMUNITY ENGAGEMENT AND THEIR PERSPECTIVES.
I HAVE A PROBLEM WITH THE OVERALL PREMISE OF HOW DEVELOPERS TREAT THE TREE AND CONSERVATION PLANNING, UH, THAT APPEAR CONTRARY TO THE DSD MISSION STATEMENT.
SO, SO WHILE IT IS DEVELOPMENT SERVICES, NAME IS FOR HELPING DEVELOPMENT, UM, YOU KNOW, IT ALSO INCLUDES OTHER MISSION COMPONENTS AND, UM, ONE OF COURSE IS PARTNERSHIP COLLABORATING WITH HOMEOWNERS, CONTRACTORS AND NEIGHBORHOOD GROUPS TO BUILD A BETTER CITY.
ANOTHER ONE IS RESPONSIBLE GROWTH GUIDING DEVELOPMENT THROUGH LAND USE AND ZONING DECISIONS TO SHAPE THE FUTURE OF THE CITY.
WHEN I LOOK AT THIS TYPE OF DEVELOPMENT GOING ON WITH THE, WITH HOW THEY'RE TREATING, REALLY THE CONSERVATION COMPONENT, UM, I DON'T THINK THIS IS IN FAVOR OF THE FUTURE OF THE CITY.
UM, AND IT'S NOT BUILDING A BETTER ONE, SO THANK YOU.
RANDY NEWMAN, FOLLOWED BY SUSIE DICKERSON.
SUSIE, OKAY, THANK YOU, UH, MEMBERS OF THE COORDINATING
[00:05:01]
COMMITTEE.I LIVE AT 19,000 9 0 8 BLUE HILL PASS NEAR GRAY FOREST.
ON MAY 12TH, I SUBMITTED 10 CATEGORIES OF QUESTIONS REGARDING THE ALDE RANCH MITIGATION PLAN.
TO THIS COMMITTEE, I DELIVERED THEM BY EMAIL AND IN PERSON BECAUSE NO WRITTEN RESPONSE HAS BEEN PROVIDED.
I'M FORMALLY ASKING THAT THE ADMINISTRATIVE RECORD CONTAIN ANSWERS TO THOSE QUESTIONS BEFORE ANY VOTE IS TAKEN ON THIS MATTER.
I'M HERE TODAY TO SUMMARIZE SEVERAL ISSUES THAT BASED ON PUBLICLY AVAILABLE INFORMATION MAY RENDER BOTH THE PHASE ONE AND PHASE TWO MITIGATION PLAN, UH, APPLICATIONS PROCEDURALLY INVALID UNDER THE S-C-P-H-C-P AND THE FEDERAL INCIDENTAL TAKE PERMIT, T 2 0 4 4 4 0.
NUMBER ONE, BEXAR COUNTY APPRAISAL DISTRICT IN REAL PROPERTY RECORDS IDENTIFY WAO RANCH INC.
NOT LENAR HOMES OF TEXAS AS THE THE LEGAL OWNER OF THE WADI PROPERTY.
THE SAME IS TRUE FOR THE EDWARDS PROPERTY, WHICH REMAINS OWNED BY SIDNEY AND MARCY EDWARDS.
UNDER CHAPTER SIX OF THE S-E-P-H-C-P, APPLICANTS MUST PROVIDE ALL INFORMATION NECESSARY TO EVALUATE, TAKE MITIGATION, AND THAT NECESSARILY INCLUDES PROOF OF LEGAL AUTHORITY.
STANDARD ADMINISTRATIVE LAW REQUIRES THAT ONLY THE PROPERTY OWNER OR THE LEGALLY AUTHORIZED AGENT MAY APPLY FOR A PERMIT AFFECTING REAL PROPERTY.
IF LENNAR SUBMITTED PHASE ONE OR PHASE TWO WITHOUT WRITTEN AUTHORIZATION FROM THE OWNERS, THEN THE APPLICATION IS PROCEDURALLY DEFECTIVE.
ANY APPROVALS ISSUED MAY BE VOIDABLE AND ANY CLEARING UNDER PHASE ONE MAY HAVE OCCURRED WITHOUT VALID INCIDENTAL TAKE COVERAGE.
THIS IS A POTENTIALLY FOUNDATIONAL DEFECT THAT WARRANTS CLARIFICATION.
NUMBER TWO, THE APPLICANT OR ITS AGENTS REPRESENTED THAT NO CAVES OR KAR FEATURES EXISTED ON THE WAO EDWARDS PROPERTIES.
THAT REPRESENTATION APPEARS INCONSISTENT WITH SWORN TESTIMONY IN THE STATE OFFICE OF ADMINISTRATIVE HEARINGS.
CONTESTED CASE GROTTO MAPPING SHOWING AN EXPLORED CAVE AT THE CENTER OF THE WAO PROPERTY AND AT LEAST 11 MORE NEARBY CAVES, INCLUDING ONE WITHIN 750 FEET OF THE EDWARDS PROPERTY.
USGS MAPPING SHOWS, CAVES AND CAR FEATURES ALONG THE CREEK ON THE PROPERTY AND OBSERVED BAT DISPLACEMENT IMMEDIATELY AFTER CLEARING IS ANECDOTAL EVIDENCE UNDER CHAPTER FOUR OF THE S-C-P-H-C-P KAR FEATURES MUST BE IDENTIFIED AND EVALUATED.
IF CAVES OR KAR FEATURES EXISTED AND THE EVIDENCE SUGGESTS THAT THEY DO, THEN THE ENVIRONMENTAL BASELINE USED TO APPROVE PHASE ONE MAY HAVE BEEN INCOMPLETE OR INCORRECT.
A MITIGATION PLAN BASED ON AN INACCURATE BASELINE CANNOT SATISFY S-E-P-H-C-P OR ITP REQUIREMENTS.
NUMBER THREE, THE APPLICANT SUBMITTED GOLDEN CHEEK WARBLER SURVEYS UNDER CHAPTER SIX OF THE S-E-P-H-C-P.
IF AN APPLICANT SUBMITS SURVEYS, THOSE SURVEYS MUST MEET US FISH AND WILDLIFE SERVICE PROTOCOLS.
THIS REQUIREMENT IS MANDATORY, IT'S NOT DISCRETIONARY.
ONCE SURVEYS ARE SUBMITTED, THE COMMITTEE IS LEGALLY REQUIRED TO CONSIDER THEM AND THE APPLICATION IS NO LONGER TREATED AS A NO SURVEY APPLICATION.
SUBMISSIONS OF SURVEYS CHANGES THE APPLICATION CATEGORY AND TRIGGERS MANDATORY U-S-F-W-S PROTOCOL COMPLIANCE.
THE SURVEYS SUBMITTED DO NOT MEET THOSE PROTOCOLS.
A SEPTEMBER SURVEY IS INVALID.
A SINGLE MARCH SURVEY IS INSUFFICIENT.
US FISH AND WILDLIFE PROTOCOLS REQUIRE FIVE SURVEYS BETWEEN MARCH 15TH AND JUNE ONE OF THE SAME CALENDAR YEAR.
NOW UNDER THE S-E-P-H-C-P INVALID SURVEYS REQUIRE THE COMMITTEE TO APPLY THE HIGHER PRESENCE ASSUMPTION AND THAT'S GREAT, BUT BECAUSE THE SURVEYS FAIL PROTOCOL, THEIR SUBMISSION CONSTITUTES A PROCEDURAL DEFECT.
A MITIGATION PLAN CONTAINING INVALID SURVEYS MAY NOT BE APPROVED AS SUBMITTED.
THIS IS A STRUCTURAL REQUIREMENT OF THE S-E-P-H-C-P, NOT AN INTERPRETIVE ONE.
NUMBER FOUR, IF PHASE ONE WAS APPROVED BASED ON AN APPLICANT LACKING DOCUMENTED AUTHORIZATION, AN INCOMPLETE OR INACCURATE ENVIRONMENTAL BASELINE OR INVALID SURVEYS, THEN PHASE ONE MAY NOT HAVE CONFERRED LAWFUL INCIDENTAL TAKE COVERAGE.
THE SEP HCPS, FEDERAL ITP REQUIRES THE COMMITTEE TO ENSURE THAT UNAUTHORIZED TAKE DOES NOT OCCUR.
IF CAVES OR CAR FEATURES WERE PRESENT AND WERE DAMAGED OR DESTROYED DURING CLEARING, THAT COULD CONSTITUTE UNAUTHORIZED TAKE UNDER THE ENDANGERED SPECIES ACT.
THESE ARE QUESTIONS THAT REQUIRE INVESTIGATION, NOT CONCLUSIONS.
AND NUMBER FIVE, IF PHASE ONE IS INVALID OR INCOMPLETE, PHASE TWO CANNOT RELY ON THAT SAME BASELINE.
[00:10:01]
LENNAR'S STANDING AND PHASE TWO CANNOT PROCEED UNTIL PHASE ONE IS CORRECTED.THIS IS STRAIGHTFORWARD PROCEDURAL REQUIREMENT.
IN CLOSING, LET ME SPEAK PLAINLY, BUT RESPECTFULLY.
YOU SAW BEXAR COUNTY OPPOSED THE PIT ON THE WAO RANCH.
YOU SAW THE BEAR, THE SAN ANTONIO CITY COUNCIL UNANIMOUSLY OPPOSED THE $160 MILLION MUD 11 TO ZERO.
YOU UNDERSTAND THE DIRECTION OF PUBLIC CONCERN.
YOU UNDERSTAND THAT SCIENTISTS BELIEVE THIS DEVELOPMENT MAY AFFECT THE WATER QUALITY OF TWO AND A HALF MILLION RESIDENTS ACROSS EIGHT COUNTIES, INCLUDING PERHAPS YOURSELVES.
WE'RE ONLY ASKING THAT YOU FOLLOW THE SEP HCPS OWN RULES.
YOU'RE NOW AWARE OF SIGNIFICANT ISSUES THAT WARRANT PAUSE AND REQUIRE ADDITIONAL SCRUTINY OF THIS APPLICATION AND OF THE PRIOR ONE, PLEASE TAKE ADVANTAGE OF THE OPPORTUNITY TO DO SO.
IF THESE DEFECT ARE NOT INVESTIGATED AND CORRECTED, IT MAY BECOME NECESSARY TO ELEVATE THE MATTER TO THE APPROPRIATE STATE AND FEDERAL AUTHORITIES RESPONSIBLE FOR ADMINISTERING THE ESA AND THE SCPS FEDERAL ITP.
I HOPE THAT WILL NOT BE NECESSARY.
NEXT IS DIANA DUNCAN, FOLLOWED BY KATE FEST.
I LIVE AT 2 1 2 1 8 BABCOCK ROAD, SAN ANTONIO.
I'M HERE TO REQUEST OH, THANK YOU FOR YOUR TIME.
THANK YOU FOR GIVING ME A CHANCE TO SPEAK TO YOU ABOUT THIS.
UM, I'M HERE TO REQUEST THAT THIS INCIDENTAL TAKE PLAN BE DENIED.
UH, THE SOUTHERN EDWARDS PLATEAU HABITAT CONSERVATION PLAN WAS CREATED TO ALLOW DEVELOPMENT ONLY WHEN IT IMPACTS, WHEN IMPACTS TO FEDERALLY PROTECTED SPECIES ARE PROPERLY MINIMIZED AND MITIGATED.
IT IS NOT INTENDED TO BE A MECHANISM WHEN THE SCIENTIFIC BASIS FOR MITIGATION IS IN QUESTION UNDER THE ENDANGERED SPECIES ACT.
INCIDENTAL TAKE PERMITS MAY ONLY BE GRANTED WHEN IMPACTS ARE ACCURATELY ASSESSED AND MINIMIZED TO THE MAXIMUM EXTENT PRACTICABLE.
AND LIKE MY COLLEAGUE RANDY NEWMAN SAID THERE ARE MANY REASONS TO QUESTION THAT ADDITION THAT FIRST TAKE PERMIT.
IT IS MY BELIEF THAT THE BIOLOGICAL SURVEYS WERE INCOMPLETE, BIASED, AND IN EFFECT THEY HAVE FAILED TO MEET FEDERAL STANDARDS.
THE WA RANCH PROPERTY LIES WITHIN A HIGHLY SENSITIVE WATERSHED, WHICH PROVIDES DRINKING WATER FOR 2.5 MILLION PEOPLE.
THE CAR GEOLOGY ALLOWS WATER AND CONTAMINANTS TO MOVE RAPIDLY FROM THE SURFACE INTO GROUNDWATER, MAKING THE PROTECTION OF RECHARGE AND CONTRIBUTING ZONES CRITICAL TO PUBLIC HEALTH.
ONCE MATURE WILDLIFE HABITAT IS DESTROYED AND THE AQUIFER IS EFFECTIVELY RECHARGED WITH THE OTTE RANCH WASTEWATER, IT WILL BE TOO LATE FOR THESE THIS REASON, THE INCIDENTAL TAKE PLAN IS NEITHER MINIMIZED NOR MITIGATED.
AND THIS UNDERMINES BOTH THE ENDANGERED SPECIES ACT AND THE INTEGRITY OF THE S-E-P-H-C-P ITSELF.
THERE ARE SOME INCIDENTAL LOSSES THAT CANNOT BE MITIGATED AWAY.
NEXT IS KATE FESS, FOLLOWED BY AMY MCINTYRE.
ANNIE'S GONNA BE DONATING HER TIME TO ME.
MEMBERS OF THE COMMITTEE THANK YOU FOR ALLOWING ME TO SPEAK TODAY.
MY NAME IS CATHERINE FEIST AND I LIVE AT 18,419 SHERWOOD TRAIL IN THE CITY OF GRAY FOREST.
I'D LIKE TO BRING TO YOUR ATTENTION AN ISSUE THAT IS BECOMING INCREASINGLY APPARENT ACROSS THE EDWARDS AQUIFER RECHARGE ZONE AND THAT DIRECTLY RELATES TO THE CONSERVATION OBJECTIVES OF THE S-E-P-H-C-P.
THE ISSUE IS HABITAT FRAGMENTATION THROUGH INCREMENTAL LAND CLEARING AND THE CONSEQUENCES THIS PRACTICES HAS ON THE GOLDEN CHEEK WARBLER AND OTHER SENSITIVE SPECIES.
WHEN PEOPLE THINK ABOUT HABITAT DESTRUCTION, THEY OFTEN PICTURE A SINGLE DRAMATIC EVENT, A TRACT OF WOODLAND CLEARED IN PREPARATION FOR DEVELOPMENT IN PRACTICE.
HOWEVER, HABITAT DEGRADATION FREQUENTLY OCCURS OVER TIME AND IN SMALLER INCREMENTS.
LAND MAY BE CLEARED IN STAGES, NOT NECESSARILY TO BEGIN IMMEDIATE CONSTRUCTION, BUT IN WAYS THAT PROGRESSIVELY REDUCE THE ECOLOGICAL VALUE OF THE SITE.
FOR THE GOLDEN CHEEK WARBLER, THIS DISTINCT DISTINCTION MATTERS.
THE SPECIES RELIES ON LARGE CONNECTED TRACKS OF MATURE ASH JUNIPER, AND OAK WOODLAND.
SCIENTIFIC RESEARCH HAS CONSISTENTLY SHOWN THAT FRAGMENTATION AND FRAGMENT FRAGMENTED HABITAT BECOMES LESS SUITABLE FOR NESTING AND BREEDING.
[00:15:01]
PATCHES BECOME ISOLATED EDGE EFFECTS INCREASE NESTING SUCCESS DECLINES AND WARBLERS OFTEN ABANDON AREAS THEY ONCE OCCUPIED.A HABITAT DOES NOT NEED TO BE COMPLETELY REMOVED TO BECOME UNUSABLE, IT SIMPLY NEEDS TO BE DIVIDED AND DEGRADED.
THE CUMULATIVE EFFECT OF PHASE CLEARING OF PHASED CLEARING CAN BE SIGNIFICANT WHEN PORTIONS OF A PROPERTY ARE ALTERED OVER A PERIOD OF YEARS.
THE OVERALL HABITAT QUALITY MAY STEADILY DECLINE BY THE TIME BIOLOGICAL SURVEYS OCCUR.
SPECIES THAT ONCE OCCUPIED THE AREA MAY NO LONGER BE PRESENT, NOT BECAUSE SUITABLE HABITAT NEVER EXISTED, BUT BECAUSE IT WAS GRADUALLY DIMINISHED AND BEFORE AND DIMINISHED BEFORE FORMAL REVIEW TOOK PLACE.
THIS HAS IMPLICATIONS BEYOND A SINGLE SPECIES.
IT WEAKENS THE CONSERVATION FRAMEWORK ESTABLISHED UNDER THE ENDANGERED SPECIES ACT.
CHALLENGES THE EFFECTIVENESS, THE EFFECTIVENESS OF THE H-S-E-P-H-C-P AND RAISES CONCERNS ABOUT TRANSPARENCY AND ACCOUNTABILITY IN THE DEVELOPMENT PROCESS.
IT ALSO AFFECTS THE HEALTH OF THE EDWARDS AQUIFER ITSELF.
THE MATURE WOODLANDS THAT SUPPORT THE GOLDEN CHEEK WARBLER PROVIDE IMPORTANT ENVIRONMENTAL BENEFITS INCLUDING STABILIZING SOILS, REDUCING EROSION MODIF, MODERATING RUNOFF, AND HELPING PROTECT WATER QUALITY HABITAT.
FRAGMENTATION THEREFORE HAS CONSEQUENCES NOT ONLY FOR WILDLIFE, BUT ALSO FOR THE NATURAL SYSTEMS THAT SUSTAIN OUR REGION'S WATER RESOURCES.
I WANNA EMPHASIZE THAT THIS IS NOT AN ARGUMENT AGAINST RESPONSIBLE GROWTH.
DEVELOPMENT AND CONSERVATION CAN COEXIST WHEN ENVIRONMENTAL SAFEGUARDS ARE RESPECTED.
THE CONCERNS ARISE WHEN LAND CLEARING PRACTICES EFFECTIVELY DIMINISH HABITAT BEFORE IT CAN BE PROPERLY EVALUATED.
IN THESE SITUATIONS, BOTH CONSERVATION GOALS AND PUBLIC CONFIDENCE IN THE PROCESS ARE COMPROMISED.
I ENCOURAGE THE COMMITTEE TO RECOGNIZE INCREMENTAL CLEARING AND HABITAT FRAGMENT FRAGMENTATION AS CHALLENGES THAT DESERVE GREATER ATTENTION.
I ALSO ENCOURAGE CONSIDERATION OF POLICY MEASURES SUCH AS PRE CLEARING BIOLOGICAL ASSESSMENTS, SEASONAL RESTRICTIONS, ENHANCED MONITORING OR COORDINATION WITH LOCAL JURISDICTIONS THAT ENSURE HABITAT CONDITIONS ARE ASSESSED BEFORE THEY'RE ALTERED.
THANK YOU FOR YOUR SERVICE, YOUR COMMITMENT TO PROTECTING THE EDWARDS AQUIFER AND YOUR EFFORTS TO CONSERVE THE SPECIES THAT DEPENDS ON THIS UNIQUE LANDSCAPE.
UM, WITH PUBLIC COMMENT CONCLUDED, WE'RE GONNA MOVE ON TO OUR
[Briefing and Possible Action on the following items ]
FIRST AGENDA ITEM.WE'LL BE TO THE THE PROPERTY Y'ALL SPOKE ON IN JUST A SECOND.
BUT FIRST, A LITTLE BIT OF HOUSEKEEPING HERE ON THE COMMITTEE.
ITEM NUMBER ONE IS THE ELECTION.
THE VICE CHAIR OF THE S-E-B-H-C-B COURTING HT B COMMITTEE NOMINATIONS ARE NOW OPEN.
SO AT THIS POINT IN TIME, IF THERE'S ANY MEMBERS OF THE COMMITTEE THAT WOULD LIKE TO MAKE A MOTION TO NOMINATE A MEMBER TO THAT VICE CHAIR POSITION, WE'LL ENTERTAIN THAT.
ANY SECONDS? I'LL SECOND THAT.
CAN WE DO A ROLL CALL? VOTE COMMITTEE MEMBER GARCIA? YES.
COMMITTEE MEMBER WHITTEN? YES.
AND WE'LL MOVE ON TO AGENDA ITEM NUMBER TWO.
VALERIE RODRIGUEZ, SENIOR PLANNER WITH THE POLICY ADMINISTRATION TEAM.
ITEM NUMBER TWO IS DISCUSSION AND POSSIBLE ACTION ON S-C-P-H-C-P FOR LENNAR HOMES OF TEXAS INCORPORATED.
THIS PROJECT IS LOCATED OFF OF SCENIC LOOP ROAD AND OUTSIDE OF CITY SAN ANTONIO.
CITY LIMITS WITHIN WESTERN BEAR COUNTY.
LENNAR HOMES OF TEXAS WISHES TO ENROLL IN THE S-E-P-H-C-P TO MITIGATE IMPACTS TO THE S-E-P-H-C-P COVERED SPECIES FOR DEVELOPMENT ACTIVITIES.
THE PROJECT AREA INCLUDES 13.98 ACRES OF GOLDEN CHEEK WARBLER HABITAT WITHIN THE PROJECT AREA AND 95.74 ACRES OF GCW HABITAT WITHIN 300 FEET OF THE PROJECT AREA.
THE PROJECT AREA WILL REQUIRE A TOTAL OF 69 GCW CONSERVATION CREDITS AND IS LOCATED OVER CAR ZONE THREE A AND CAR ZONE FOUR BA TOTAL OF 4.78 ACRES OCCURS WITHIN CAR ZONE THREE A AND A TOTAL OF 11.21 ACRES OCCURS WITHIN CAR ZONE FOUR
[00:20:01]
B.THE PROJECT AREA IS NOT LOCATED WITHIN ANY CRITICAL HABITAT UNITS, NOR IS IT WITHIN 750 FEET OF AN OCCUPIED FEATURE.
PARTICIPATION IN THE S-E-P-H-C-P FOR THIS APPLICATION WILL REQUIRE THE FOLLOWING GCW CONSERVATION CREDIT FEES OF $552,000, CAR LOAN THREE AND FOUR, PARTICIPATION FEE OF $4,780 AND A PLAN ADMINISTRATION FEE OF $55,678.
THE APPLICANT HAS PAID THE $2,500 APPLICATION FEE AND THE APPLICANT WILL BE REQUIRED TO PAY THE FULL MITIGATION FEE OF $612,458 PRIOR TO COMPLETING ENROLLMENT IN THE PLAN.
STAFF DOES RECOMMEND APPROVAL AND OUR BIOLOGIST IS HERE FOR QUESTIONS AND WE ALSO HAVE THE APPLICANT HERE TO DO A PRESENTATION ON THE PROJECT.
WE CAN HAVE THE APPLICANT COME UP FOR THAT PRESENTATION.
GOOD AFTERNOON CHAIR AND COMMITTEE MEMBERS.
MY NAME IS BRUNI SPANGLER WITH PA NASSON.
I'M HERE ON BEHALF OF LE HOMES OF TEXAS REGARDING GU HOLIDAY RANGE AND APPLICATION NUMBER 26 DASH 4 6 9 0 0 0 0 6.
BEFORE I BEGIN, I WOULD LIKE TO APOLOGIZE FOR NOT BEING PRESENT AT THE COMMITTEE'S MAY 12 MEETING.
I WOULD, I WOULD ALSO LIKE TO THANK LOGAN SPARROW AND JENNY BLAIR FOR PROVIDING CLARIFICATION REGARDING THE S-C-P-H-C-P PROCESS AND REQUIREMENTS THAT HELPED ADDRESS QUESTIONS THAT WERE RAISED BY BOTH COMMITTEE MEMBERS AND THE PUBLIC.
WE APPRECIATE THE OPPORTUNITY TO BE HERE TODAY TO ANSWER ANY ADDITIONAL QUESTIONS AND TO PROVIDE INFORMATION REGARDING THIS ENROLLMENT REQUEST.
THIS APPLICATION WAS PREVIOUSLY CONSIDERED BY THE COMMITTEE ON MAY 12TH AND IT WAS STABLED BECAUSE THE COMMITTEE NEEDED MORE TIME TO REVIEW THE ENROLLMENTS.
TODAY I WOULD LIKE TO PROVIDE A BRIEF OVERVIEW OF THE PROJECT AND APPLICATION.
CITY STAFF HAS REVIEWED APPLICATION AND DETERMINED THAT IT IS ELIGIBLE FOR ENROLLMENT UNDER THE SCP EIGHT CP.
THE BIOLOGICAL INFORMATION HAS BEEN ACCEPTED, MITIGATION REQUIREMENTS HAVE BEEN ESTABLISHED AND THE REQUIRED CREDITS ARE AVAILABLE.
OUR REQUEST TODAY IS APPROVAL OF THE ENROLLMENT APPLICATION.
I WOULD LIKE TO BRIEFLY RECAP SEVERAL KEY POINTS THAT WERE SHARED WITH THE COMMITTEE MEMBERS DURING THE MAY 12TH OF PUBLIC HEARING.
DURING THE HEARING, QUESTIONS WERE RAISED ABOUT WHETHER THE S-P-H-C-P WOULD BENEFIT FROM ADDITIONAL FEDERAL OVERSIGHT.
JENNIFER BLAIR, THE REGISTERED BIOLOGIST AND COSO AND CONSULTANT RESPONSIBLE FOR THE S-C-P-H-C-P EXPLAINED THAT THE PROGRAM UNDERWENT, UNDERWENT A 10 YEAR APPROVAL PROCESS AND IS ALREADY SUBJECT TO EXTENSIVE FEDERAL REVIEW.
THIS OVERSIGHT INCLUDES ANNUAL REPORTING, EXPERT LED APPLICATION EVALUATIONS AND ONGOING COORDINATION WITH THE US FISH AND WILDLIFE SERVICE.
MS. BLAIR ALSO MENTIONED THAT S-C-P-H-C-P DOES NOT REQUIRE PRESENCE, ABSENCE SURVEYS FOR PROJECT ENROLLMENT BECAUSE MITIGATION REQUIREMENTS ARE BASED ON HABITAT SUITABILITY RATHER THAN DOCUMENTED SPECIES OBSERVATIONS.
HOWEVER, SHE NOTED THAT IN THIS PARTICULAR CASE, THE APPLICANT VOLUNTARILY PROVIDED SURVEY DATA CONFIRMING THE PRESENCE OF THE GOLDEN CHEEK WATER ON THE PROPERTY, ADDRESSING CONCERNS THAT THE DEVELOPER HAD CLAIMED NO SUITABLE HABITAT EXISTED ON SITE.
FINALLY, IN RESPONSE TO QUESTIONS REGARDING THE ACCURACY OF THE MITIGATION CALCULATIONS AND MAPPING, MS. BLAIR STATED THAT SHE HAD PERSONAL REVIEWED APPLICATION MATERIALS AND VERIFY THE ACCURACY OF BOTH THE MITIGATION DETERMINATION AND THE SUPPORTING DOCUMENTS.
NOW THAT EVERYBODY'S UP TO SPEED, I'LL DIVE INTO THE ENROLLMENT DETAILS.
THIS SLIDE SHOWS THE CURRENT S-A-P-A-T-P ENROLLMENT AREAS WITHIN THE GU RANGE DEVELOPMENT.
TWO PREVIOUS ENROLLMENT APPLICATIONS SHOWN IN RED AND GREEN WERE APPROVED BY THIS COMMITTEE AND THE PARTICIPATION CERTIFICATES WERE ISSUED EARLIER THIS YEAR.
THE FIRST ENROLLMENT AREA IS SHOWN RED AND IT'S FOR 25.7 ACRES.
IT REPRESENTS A MILE LONG COLLECTOR ROAD THAT PROVIDES ACCESS FOR THE PROJECT.
THE SECOND APPROVED ENROLLMENT AREA IS SHOWN IN GREEN.
IT WAS FOR 250.1 ACRES AND REPRESENTS THE FIRST PHASE OF RESIDENTIAL DEVELOPMENT.
THE APPLICATION BEFORE YOU TODAY IS SHOWN IN PURPLE AND IT'S FOR 16 ACRES.
THE PURPOSE OF TODAY'S REQUEST IS TO ENROLL THIS AREA UNDER THE S-A-P-A-C-P, SO THE PLAN IMPROVEMENTS CAN MOVE FORWARD IN COMPLIANCE WITH THE PROGRAM REQUIREMENTS.
NOW I WOULD LIKE TO DO A QUICK PROJECT OVERVIEW SINCE A FEW COMMITTEE MEMBERS WERE NOT FAMILIAR WITH THE PROJECT DURING THE PREVIOUS MEETING.
GUA RANGE IS AN APPROVED MASTER PLAN COMMUNITY CONSISTING OF APPROXIMATELY 1,160 ACRES.
[00:25:01]
PLAN WAS APPROVED IN 2023 FOR 3000 HOMES.THE DEVELOPMENT IS OCCURRING PHASES AND THE PROJECT HAS OBTAINED APPROVALS NEEDED TO START CONSTRUCTION, INCLUDING THE MASTER TREE PLAN, TCQ, CONTRIBUTING ZONE PLAN, AND BEAR COUNTY STORM WATER QUALITY PERMITS.
DURING THE PREVIOUS COMMITTEE ME MEETING, THERE WERE FEW QUESTIONS REGARDING VIS COVER, STORM WATER MANAGEMENT AND OPEN SPACE WITHIN THE OVERALL DEVELOPMENT.
WHILE THOSE ISSUES ARE OUTSIDE OF THE SCOPE OF TODAY'S ENROLLMENT REQUEST, I WOULD LIKE TO NOTE THAT THE PROJECT HAS BEEN REVIEWED AND APPROVED THROUGH THE APPLICABLE CITY COUNTY SAWS AND TCQ PROCESSES AND IS BEING DEVELOPED IN COMPLIANCE WITH ALL APPROVED PLANS, PERMITS, AND CODE REQUIREMENTS.
THIS SLIDE SHOWS THE ENROLLMENT AREAS IN RELATION TO THE OVERALL DEVELOPMENT.
THE PROJECT IS REQUIRED TO MAINTAIN APPROXIMATELY 580 ACRES OF OPEN SPACE, WHICH REPRESENTS ABOUT 50% OF THE PROPERTY UNDER THE SAS UTILITY SERVICE AGREEMENT REQUIREMENTS.
AGAIN, HERE YOU CAN SEE THE TWO FIRST ENROLLMENT AREAS THAT WERE APPROVED IN RED AND GREEN, AND THE ONE THAT WE'RE PURSUING APPROVAL TODAY IN PURPLE.
THE ENROLLMENT AREA BEFORE YOU TODAY COVERS APPROXIMATELY 16 ACRES.
THE PROPOSED IMPROVEMENTS WITHIN THIS AREA INCLUDE AN AMENITY CENTER, RECREATIONAL FACILITIES SUCH AS A POOL, GYM TRAILS, SPORTS COURTS, AND ASSOCIATED OPEN SPACE AREAS, AS WELL AS A OVERHEAD ELECTRIC LINE ALONG THE PROJECT PERIMETER.
SO POWER CAN BE PROVIDED TO THE DEVELOPMENT.
IN SUMMARY, STAFF HAS DETERMINED THAT THIS APPLICATION MEETS THE REQUIREMENTS FOR ENROLLMENT UNDER THE S-A-P-H-C-P.
THEREFORE, WE RESPECTFULLY REQUEST APPROVAL OF THIS APPLICATION.
I'LL BE HAPPY TO ANSWER ANY QUESTIONS.
WE ALSO HAVE OUR BIOLOGISTS HERE, A VI UH, VALERIE COLLINS AND LENAR HOLMES REPRESENTATIVES.
UH, WE WILL START OFF, UM, WITH ANY COMMISSIONER COMMENTS TO MY LEFT, I SHOULD SAY COMMENTS OR QUESTIONS? I DON'T HAVE ANY.
I DON'T HAVE ANY EITHER TO MY RIGHT.
CHAIR, I HAVE A COUPLE QUESTIONS IF I CAN FOR THE SEP BIOLOGIST, MS. BLAIR.
THERE WAS SOME TESTIMONY GIVEN ABOUT, I GUESS CALLING INTO QUESTION, THE SURVEYS THAT WERE SUBMITTED, THE PRESENCE OF CAVES.
CAN YOU JUST GIVE THE COMMITTEE A A RUNDOWN OF YOUR REVIEW OF THIS APPLICATION AND IF EVERYTHING SUBMITTED WAS ACCEPTABLE AND APPROPRIATE? ABSOLUTELY.
SO EVERYTHING THAT WAS SUBMITTED FOR THIS APPLICATION AND THE PRIOR TWO APPLICATIONS WAS, UM, UH, ACTUALLY BEYOND WHAT WE REQUIRE FOR AN APPLICATION TO GET APPROVED.
UM, AS, UH, THEIR REPRESENTATIVE JUST STATED, THEY PROVIDED, UH, PRESENCE ABSENCE SURVEYS, AND IN THE CASE OF THIS APPLICATION AND THE PRIOR TWO APPLICATIONS, UM, BY SUBMITTING THOSE, UM, SURVEYS DEMONSTRATING OCCUPANCY OF THE BIRD, UM, ACTUALLY MORE HABITAT WAS MITIGATED FOR THAN WOULD'VE OTHERWISE JUST BEEN IDENTIFIED BASED ON THE MODELS AND INFORMATION THAT WE HAD ON SUITABLE HABITAT PRESENCE THERE.
UM, UH, IN ADDITION TO, UM, UH, WITH RESPECT TO THE CAVES AND CARS, THEY HAD FULL US FISH AND WILDLIFE SERVICE PRESENCE ABSENT SURVEYS PERFORMED ACROSS THE ENTIRE PROPERTY.
UM, NO CAVES OR FEATURES WERE, UH, PRESENT OR KNOWN TO OCCUR, AND THAT'S BOTH AS WELL AS WITHIN OUR OWN DATABASE THAT WE CHECK AGAINST, UH, FROM FISH AND WILDLIFE SERVICE.
UM, THAT'S PROVIDED, UH, WITHIN ANY OF THE PROPOSED ENROLLMENT AREAS.
AND THERE WERE NO OCCUPIED CAVES THAT OCCURRED WITHIN 750 FEET OF THE PROPOSED ENROLLMENT AREAS.
UM, ANOTHER POINT WAS BROUGHT UP QUESTIONING THE LEGITIMACY OF THE APPLICATION ITSELF AND POTENTIALLY LACKING THE PROPERTY OWNER'S SIGNATURES.
WHEN YOU, I, I BELIEVE TWO NAMES WERE MENTIONED, DID THE APPLICATION INCLUDE THE SIGNATURES FROM THE PROPERTY OWNERS? AS TO MY KNOWLEDGE, YES.
AND THE FINAL, UM, AGREEMENTS BOTH FOR THE, THAT WERE RECORDED, UH, WERE SIGNED BY THE CURRENT, UH, PROPERTY OWNERS.
THOSE, UH, THEY WERE PRE, THEY AND THEIR REPRESENTATIVES WERE ALSO ALSO PRESENT ON OUR REQUIRED, UM, PRE-PARTICIPATION CERTIFICATE OR PRE-PARTICIPATION AGREEMENT, UM, BRIEFING A MEETING THAT WE HAVE WITH EVERY APPLICANT, UM, AS WELL.
UH, I THINK THAT'S ALL OF MY QUESTIONS, SO AT THIS TIME I'LL OPEN IT UP FOR A MOTION.
[00:30:05]
MOTION TO APPROVE.IS THERE A SECOND? I'LL SECOND.
WE HAVE A MOTION AND A SECOND WE'LL TAKE A ROLL CALL.
COMMITTEE MEMBER WHIT WHITTEN? YES.
[Approval of Minutes ]
GONNA MOVE ON TO AGENDA ITEM NUMBER THREE, WHICH IS APPROVAL OF THE MINUTES FROM THE MAY 12TH MEETING.DID ANY MEMBER OF THE COMMITTEE HAVE CORRECTIONS TO THE MINUTES? AND IF NOT, WE'LL DO A MOTION.
I'LL MAKE A MOTION TO APPROVE.
AND A ROLL CALL VOTE AS WELL, PLEASE.
COMMITTEE MEMBER WHITTEN? YES.
ALRIGHT, THE TIME IS 3 32 AND THAT CONCLUDES THE SEP MEETING.