[00:00:01]
READY. GOOD EVENING. TODAY IS TUESDAY, MARCH THE 12TH. AND THE TIME IS 6:30 P.M. AND I'D LIKE
[I. Call Meeting to Order and Roll Call]
TO CALL THIS REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION TO ORDER MAY I HAVE A ROLL CALL, PLEASE. DELORE MARTHA STAG HERE SHALL HERE, JAMES. SERATO HERE. OK, THANK YOU. ITEM[II. Approval of Minutes]
NUMBER TWO APPROVAL OF MINUTES ITEM 2.1 APPROVAL OF THE PLANNING AND ZONING COMMISSION.FEBRUARY 1320 24 REGULAR MEETING MINUTES. WE NEED A MOTION IN A SECOND MOTION TO APPROVE THE SECOND WE HAVE MOER FROM COMMISSIONER SIEGEL IN A SECOND FROM COMMISSIONER SERATO. ALL THOSE IN FAVOR. PLEASE SAY I, I ALL OPPOSE. GREAT MOTION CARRIES. ITEM NUMBER THREE CITIZEN COMMENT PERIOD. THE PLANNING AND ZONING COMMISSION WELCOMES COMMENTS FROM CITIZENS EARLY IN THE AGENDA OF REGULAR MEETINGS. SPEAKERS ARE PROVIDED WITH AN OPPORTUNITY TO SPEAK DURING THIS TIME PERIOD ON ANY AGENDA ITEM OR ANY OTHER MATTER CONCERNING CITY BUSINESS, AND THEY MUST OBSERVE THE THREE MINUTE TIME LIMIT. AT THIS TIME, I WILL OPEN CITIZEN COMMENTS.
NO. OK, THEN WE'LL CLOSE THOSE. THANK YOU. ITEM NUMBER FOUR CONSIDER IMPOSSIBLE ACTION.
[1. Consider a request to construct an approximately 4,365-square-foot bank located at 19019 IH-35. Frost Bank - Conditional Use Permit (CUP-24-0100)]
ITEM. 4.1 CONSIDER A REQUEST TO CONSTRUCT AN APPROXIMATELY 4365 SQUARE FOOT BANK LOCATED AT 19019 IH 35 FROSTBAN CONDITIONAL USE PERMIT CUP DASH 24-0100 IS SHARP. TAYLOR SHARP CITY PLANNER FOR THE RECORD, SO WE HAVE A CONDITIONAL USE PERMIT FOR, UM THE BUILDING MATERIALS WITHIN THE I 35 OVERLAY. UM THIS IS FOR A PROPOSED FROST BANK. UM THIS IS IN THE AMBER WOOD BRANCH. UM DEVELOPMENT AND THE MATERIALS CONSIST PRIMARILY OF STONE AND STUCCO WITH APPROPRIATE ARCHITECTURAL FEATURES TO ACCENT THE BUILDING. SO THE, UM KIND OF GRAYISH MATERIAL IS THE STONE.AND THEN THE MORE TAN IS STUCCO. I KNOW IT'S A LITTLE BIT HARD TO DIFFERENTIATE THERE. UM, AND THEN YOU HAVE YOUR DUMPSTER ENCLOSURE THAT'S ALSO MASONRY. UM, SO FOR THIS ONE, IT IS ABOUT 70. UM OVERALL, IT MEETS THE 90% MASONRY. UM THERE'S A LITTLE BIT MORE STUCCO, BUT IT STILL FALLS WITHIN THAT DETAIL. APPLICATION UM SO THIS ONE IS COMPLIANT WITH THE I 35 OVERLAY. UM HERE IS THE SITE PLAN. UM IT IS THE TOP RIGHT PAD SITE. AT THE INTERSECTION OF I 35 AND AMBER WOOD NORTH. AND HERE IS THE LANDSCAPE PLAN, WHICH IS COMPLIANT WITH THE I 35 OVERLAY.
UM SO THIS ONE IS COMPLIANT AND WE DO RECOMMEND APPROVAL. ANY QUESTIONS? YOU WERE RAISING YOUR HAND? NO I WAS REMOVING THE MIC. UH, OK, I GUESS THERE ARE NO QUESTIONS FOR YOU TODAY ON THAT ONE. UM, I'D LIKE TO MAKE A MOTION TO APPROVE. OK? SECOND WE HAVE A MOTION TO APPROVE ITEM 41 FROM COMMISSIONER SHIEL IN A SECOND BY COMMISSIONER MATA IS THERE ANY DISCUSSION ON THAT BEFORE WE VOTE? OK, ALL THOSE IN FAVOR OF APPROVING 4.1. PLEASE SAY I, I ALL OPPOSED, SAY NAY.
MOTION CARRIES. THANK YOU. ITEM 4.2 CONSIDER AND MAKE A RECOMMENDATION TO CITY COUNCIL
[2. Consider and make a recommendation to City Council regarding a request by M’Kensie Aday on behalf of KDW Holdings, LLC for a Conditional Use Permit for a medical office use pursuant to the Kalterra Capital Partners, LLC Development Agreement for a property located at 2220 Kohlers Crossing, Hays County, TX 78640. (CUP-24-0101)]
REGARDING AN REQUEST BY MCKENZIE A DAY ON BEHALF OF KDW HOLDINGS, LLC FOR A CONDITIONAL USE PERMIT FOR A MEDICAL OFFICE USE PURSUANT TO THE CALA CAPITAL PARTNERS LLC DEVELOPMENT AGREEMENT FOR PROPERTY LOCATED AT 2220 COLORS CROSSING HAYES COUNTY, TEXAS. 78640 CUP DASH 24-01. ONE. THERE IS A PUBLIC HEARING FOR THIS ITEM, SO I WILL GO AHEAD AND OPEN THAT NOW AT 635 YEAH. I WILL CLOSE IT NOW AT 6:35 P.M. MISS SHARP. ALRIGHT KAYLA SHARP CITY PLANNER FOR THE RECORD, SO WE HAVE ANOTHER CONDITIONAL USE PERMIT FOR YOU. THIS ONE IS ACTUALLY FOR THE USE . NOT FOR MATERIALS. UM SO THIS ONE IS, UM, IF YOU REMEMBER PREVIOUSLY BACK IN JANUARY, ALL[00:05:01]
APPROVED A, UH, CUP FOR THE MATERIALS ON THIS ONE AS A SHELL BUILDING. THEY UM, ARE NOW WANTING TO PERMIT THIS FOR MEDICAL USE, WHICH, PER THE CALA DEVELOPMENT AGREEMENT REQUIRES A CONDITIONAL USE PERMIT, SO THIS WILL BE ABOUT A 7200 SQUARE FOOT SQUARE FEET BUILDING AT THE CORNER OF K. FILE CROSSING AND COLLARS CROSSING. UM SO THE SITE IS ZONED RETAIL SERVICES, WHICH GENERALLY ALLOWS MEDICAL OFFICE USE, HOWEVER, AS I STATED EARLIER, PER THE CALA DEVELOPMENT AGREEMENT, UM THIS ONE WILL REQUIRE A CONDITIONAL USE PERMIT FOR THE MEDICAL OFFICE USE. UM AND THEN WE'RE ABOUT TO GET INTO A LOT OF CRITERIA FOR, UM, WHAT IT HAS TO MEET IN ORDER TO BE, UM, GIVEN THE CONDITIONAL USE PERMIT, SO IT IS ALSO WAS IN THE BACKUP MATERIAL. UM BUT GENERALLY IS IT CONSISTENT WITH THE COMPREHENSIVE PLAN DOES IT COMPLY WITH OTHER REQUIREMENTS OF THE ZONING ORDINANCE? UM IS THERE ADEQUATE LAND AREA FOR THE PROPOSED USE IN EVERYTHING ASSOCIATED WITH THAT? UM WILL IT CREATE ANY ADVERSE IMPACTS UPON, UM NEIGHBORING PROPERTIES? UM FOR, YOU KNOW, NOXIOUS, UM ODORS, THINGS LIKE THAT, OR POWERS OF OPERATION. UM AND THEN WHETHER THE PROPOSED USE IS COMPATIBLE WITH ADJACENT PROPERTY. UM SO THERE'S A LOT ON THERE. UM AND THEN THERE ARE ADEQUATE UTILITIES TO THE SITE.UM THEY HAVE AN APPROVED SITE PLAN FOR THEIR SHELL BUILDING, SO THERE ARE ADEQUATE MEANS OF INGRESS AND EGRESS. UM AND THEN THE LAST ONE IS WHETHER THE PROPOSED USE IS OVERREPRESENTED WITHIN OR NEAR TO THE COMMUNITY. UM AND SO JUST TO KIND OF GIVE YOU AN IDEA. UM WE HAVE A MAP HERE SHOWING THE OTHER MEDICAL USES. UM THIS IS BASICALLY A HALF MILE BUFFER. SO YOU CAN KIND OF SEE TO THE SOUTH. THERE WEREN'T ANY WITHIN THAT HALF MILE, SO WE SHIFTED IT UP A LITTLE BIT. THERE ARE THREE AND NONE OF THEM ARE DENTAL OFFICES, WHICH THIS ONE WOULD BE A DENTAL OFFICE. WELL, ONE OF THEM IS A DENTAL OFFICE. MY APOLOGIES. SO THERE'S NEWY. CHIROPRACTIC THAT'S JUST RIGHT ACROSS THE STREET AND THEN CARBON HEALTH AND THEN ASPEN DENTAL IS UP AT THE NORTH END OF THE DRY RIVER DISTRICT. SO THOSE ARE THE ONLY THREE MEDICAL USES WITHIN A HALF MILE OF THIS PROPERTY. JUST AS A REMINDER. HERE ARE THE RENDERINGS. SITE PLAN. LANDSCAPE PLAN. UM, SO STAFF HAS FOUND THAT THIS REQUEST IS REASONABLE AND IS COMPLIANT WITH THE CRITERIA SHOWN, AND WE RECOMMEND THAT THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL TO CITY COUNCIL SO THIS ONE WILL GO TO CITY COUNCIL NEXT WEEK. WITH YOUR RECOMMENDATION. MY QUESTIONS. YES, COMMISSIONER SHIELD. OK SO WHAT PART OF THE DEVELOPMENT AGREEMENT DOES THIS NOT COMPLY WITH? IT DOES COMPLY WITH THE DEVELOPMENT AGREEMENT. OH OK. I THOUGHT THAT'S WHY WE WERE DOING THIS. WHY IT NEEDED THE CONDITIONAL. NO SO THE CONDITIONAL USE PERMIT STATES THAT IN ORDER TO HAVE CERTAIN USES, THERE'S A LIST OF YOU KNOW, FIVE OR SIX USES THAT STATE THEY ARE ALLOWED WITH A CONDITIONAL USE PERMIT. SO IN ORDER TO HAVE THE USE, THEY NEED A CONDITIONAL USE PERMIT, BUT IT IS OTHERWISE ALLOWED AND BASED ON STAFFS, UM, REVIEW OF THE CRITERIA THAT WAS LISTED. WE BELIEVE IT MEETS THE CRITERIA NEEDED TO BE GRANTED AS A CONDITIONAL USE PERMIT. I MISREAD THAT. SORRY. NICE. MADAM CHAIRMAN. UH, I LIKE TO ADDRESS COMMISSIONER SHI. THERE HAD BEEN CONFUSION FROM THAT MEETING. BECAUSE REALLY, THEY COULD HAVE WRAPPED THIS ALL UP IN ONE PACKAGE BACK THEN, AND HAD NOT. SO THAT'S THAT'S I THINK THE THING WE WOULD STUMBLE OVER. THANK YOU. ANY OTHER QUESTIONS FOR STAFF. OK, SO WE WOULD NEED A MOTION TO TAKE ACTION ON THIS ITEM. I'LL MAKE A MOTION TO APPROVE. SECOND OK, WE HAVE A MOTION FROM COMMISSIONER SHIEL IN A SECOND BY COMMISSIONER STIEGEL TO RECOMMEND APPROVAL OF ITEM 4.4 0.2. IS THERE ANY DISCUSSION ON THAT MOTION? OK ALL THOSE IN FAVOR OF APPROVING 4.2 OR RECOMMENDING APPROVAL OF 4.2. PLEASE SAY AYE. I NA OK, MOTION CARRIES. ITEM 4.3.
[3. Consider approval and make a recommendation to City Council regarding proposed landscape code amendments per Ch. 54 of the City of Kyle Code of Ordinances.]
CONSIDER APPROVAL AND MAKE A RECOMMENDATION TO CITY COUNCIL REGARDING PROPOSED LANDSCAPE CODE AMENDMENTS PER CHAPTER 54 OF THE CITY OF KYLE CODE OF ORDINANCES. THERE IS A PUBLIC[00:10:01]
HEARING FOR THIS ITEM AS WELL. SO I'LL OPEN THAT NOW AT 640. ARE WE? OK? SO WE'LL CLOSE THAT AT 640. MISTER ATKINSON. WILL ATKINSON FOR THE RECORD DIRECTOR OF PLANNING. UH, SO BEFORE YOU WE HAVE ANOTHER AMENDMENT TO CHAPTER 54, WHICH IS OUR LANDSCAPE CODE. UM BACK IN SEPTEMBER OF 23 CITY COUNCIL FOLLOWING OUR JULY UPDATE OF THE CODE, UH, WANTED TO MAKE THIS, UH RAMP IT UP A LITTLE BIT TIGHTER. IF YOU WILL, UM, THERE WAS SEVERAL. THERE'S A LOT OF DISCUSSION ABOUT HOW WE CAN WORK TO INCENTIVIZE OR REQUIRE YOUR ESCAPING. UH, THE JULY. UH, CODE , UH, PRIMARILY FOCUSED ON ENCOURAGING IT AND ALLOWED FOR EXPANDED USE OF XSCAPE AND ALSO WITH UPDATED FENCE AND SCREENING REQUIREMENTS. UM SO THERE ARE TWO COMPONENTS TO WHAT YOU SEE TONIGHT. THIS IS THE FIRST OF TWO ITEMS BRING BEING BROUGHT FORWARD TO YALL. SO FIRST ONE IS THEY WANTED THE UPDATE FOR THE CODE, AND THEY ALSO WANTED TO START WORKING ON A PROGRAM THAT Y'ALL HAD INPUT ON, UH, FOR INCENTIVIZING ZEROES SCP, WHERE WE CAN'T OTHERWISE REQUIRE IT FROM A I SAY IF IT'S UH, RAINWATER BARREL OR IF WE WANT PEOPLE TO REPLACE THEIR EXISTING LANDSCAPING. HOW DO WE GET THEM TO THE TABLE ON THAT KIND OF STUFF, AND THAT SECOND PART WILL COME AT A LATER DATE BECAUSE WE'RE STILL DOING OUR RESEARCH ON THAT PART. THE PROPOSED AMENDMENTS, ADDING REFERENCE TO THE AUSTIN GROVE GREEN GUIDE TO REQUIRE PLANTINGS, SPECIFICALLY NOT REQUIRING ST AUGUSTINE GRASS . WE WANTED TO MAKE SURE THAT, UM, THAT WAS SPECIFICALLY IN THERE EVEN THOUGH WE ARE WANTING TO ADOPT THE AUSTIN GROVE GREEN GUIDE, UM BECAUSE WE WANT IT TO BE VERY CLEAR THAT WE'RE LOOKING FOR IF YOU'RE GONNA HAVE SOD, IT'S GOING TO BE DROUGHT RESISTANT NATIVE SPECIES. UM BUT WE'RE GONNA REQUIRE ZEROS, SCP AND ALL ZONING DISTRICTS ARE REQUIRING A GREATER MIX OF SPECIES WHEN YOU ARE PLANTING, UM, UPDATING AND INCLUDING PRUNING ALLOWANCES FOR EXISTING TREES AND OTHER SHRUBBERY. AND THEN, UM, MAKING OUR TRUNK DIAMETER. WHEN IT COMES TO SPECIMEN TREES MORE SPECIFIC TO THE SPECIFIC SPECIES OF TREES AND NOT JUST A BLANKET 24 INCHES AND ABOVE RIGHT? UM AND THEN ADDING, UH, OAK WILT, UH FOR, UM, REQUIREMENTS AND PROTECTION. AND ALSO ENDING A SPECIMEN TREE PROTECTION FOR A SPECIFICALLY JUNIPER ASH FOR ENDANGERED SPECIES. PURPOSES. UM, GENERALLY , JUNIPER ASH IS AN EXEMPT SPECIES FROM PRE PRODUCTION. BUT THERE ARE INSTANCES WHERE IT SHOULD BE PROTECTED. AND WHEN YOU WANT TO BE COGNIZANT OF THAT, AS WELL WHEN IT COMES TO PROTECTION OF THE GOLDEN CHEEKED WARBLER. YOU A QUICK GOOGLE SEARCH FOR CENTRAL TEXAS. UH UM, ZERO SKIPPING, UM, EXAMPLES, THE TWO IMAGES ON THE LEFT. YOU ARE MORE LIKELY TO WHAT YOU WOULD SEE IN THE HILL COUNTRY. THEY HAVE A MORE, UM, SEMIARID KIND OF FEEL TO THEM. THE TWO IMAGES ON THE RIGHT ARE PROBABLY MORE TOWARDS THE EAST SIDE OF KYLE MOORE, A BLACK LA PRAIRIE AND MORE, UM, SMALLER HOMES. SMALLER LOTS PERSPECTIVE. BOTH OF THEM CAN BE ACCOMPLISHED IN EITHER WAY. BUT THE IDEA IS TO INCORPORATE ESCAPING IN AN APPROPRIATE MANNER FOR THE AREA OF THE CITY THAT IT'S IN, WHICH IS THE GROBER GUIDE DOES A FANTASTIC JOB OF THAT. SO UM, ALSO INCLUDED US BACK IN MATERIAL. WE HAVE THE PROPOSED CHANGES TO THE EXISTING CODE THAT ARE THEY ARE NOT. THEY ARE STRIKERS AND ALSO UNDERLINED WHAT WE WANT TO CHANGE. AND SO A COUPLE OPTIONS ARE TO RECOMMEND APPROVAL AS PRESENTED BY STAFF OR APPROVE AMENDMENTS WITH RECOMMENDATION RECOMMENDED CHANGES. AND THAT'S IT IN A NUTSHELL. BUT I'M QUITE CERTAIN Y'ALL WILL PROBABLY HAVE SOME QUESTIONS. OK, DOES ANYONE HAVE QUESTIONS? ADAM CHAIR. YES, VICE CHAIR DE LA UH, MR ATKINSON. UH, SO WELL. FIRST OFF ON A JUST A GRAMMATICAL THING. THERE'S A EARLY STATEMENT THAT HAS YOUR POSITION I THINK IS PLANNING AND UM. IT'S NOT YOUR CURRENT TITLE PLANNING DIRECTOR, AND THAT'S CORRECTED. IN THE FIRST INSTANCE THERE'S A NUMBER OF OTHER INSTANCES WHERE IT HAS YOUR YOUR TITLE INCORRECT, SO WE NEED TO DO A FIND AND REPLACE FOR THOSE OTHER ONES. UM I'M A LITTLE I WANNA INQUIRE A LITTLE BIT ABOUT , UH, A MANDATORY SE ESCAPING SO THAT THAT LOOKS LIKE THE LANGUAGE HAS CHANGED FROM MAYBE ALLOWED IS TO IS REQUIRED. IS THAT RIGHT? YES, SIR. OK, SO AND[00:15:06]
THAT'S FOR ALL ZONING. SO UH, BUT THEN THERE'S ALSO TALK ABOUT ABOUT TURF. SO HOW HOW IS THIS GONNA BE APPLIED? HOW ARE WE GONNA APPLY THIS? LET'S SAY, LET'S START OFF WITH, UH, DETACHED FAMILY ZONES. LIKE SINGLE FAMILY DWELLINGS. HOW ARE WE GOING TO APPLY THIS MANDATORY ZERO ESCAPING? IF TURF GRASS IS STILL ALLOWED, I? I DON'T SEE HOW HOW WE'RE GOING TO APPLY IT.SO ZERO ESCAPING IS NOT NECESSARILY RIVER ROCK AND AGAVE PLANTS AND CACTUSES AND RELATED STUFF LIKE THAT. IT CAN BE THAT CAN BE A COMPONENT OF IT. BUT ZERO ESCAPING IS PRIMARILY REQUIRING DROUGHT RESISTANT NATIVE SPECIES TO THE AREA, WHICH USE WATER USAGE. THERE MIGHT BE A LITTLE BIT OF UPTICK AT THE BEGINNING WHEN YOU PLANT IT TO GET IT ESTABLISHED. UM BUT FOR EXAMPLE, FOR TURF GRASS, YOU CAN HAVE BUFFALO GRASS. WHICH CONTRIBUTES IN A VERY NICE ONCE IT'S ESTABLISHED A VERY NICE, UH UM, COVER AND HAS VERY DEEP ROOTS COMPARED TO, UM SAINT AUGUSTINE, WHICH WE DON'T WANT ANYMORE, WHICH HAS SHALLOW ROOTS AND USES A HIGH AMOUNT OF WATER.
UM ZOYSA IS ALSO A GOOD ANOTHER GOOD EXAMPLE. IT'S A LITTLE BIT LESS EXPENSIVE TYPICALLY THAN UM, THAN, UM BUFFALO GRASS AS WELL. SO THERE'S OPTIONS. UM AND WE DO LIMIT. UH, THE MAXIMUM AMOUNT OF AGGREGATE WHICH IS, UH, WHAT YOU SEE ON THE SCREEN THERE TO 25% OF THE REQUIRED LANDSCAPING, BECAUSE WHAT WE DON'T WANT TO SEE AS A FRONT YARD FULL OF OR THE ENTIRE LOT THAT'S NOT COVERED IN CONCRETE FULL OF RIVER ROCK. WE WANT TO SEE A MIX. WE WANT TO SEE YOU.
WE WANT THE KIDS TO HAVE A PLAY AREA IN THE BACKYARD. WE WANT SOME SHADE TREES. WE WANT SOME SOME NICE FING SHRUBS WE WANT YOU CAN HAVE A CACTUS OR TOO. THAT'S FINE. YOU CAN HAVE A LITTLE BIT OF AREA. MAYBE YOU HAVE A LITTLE LIKE A LITTLE DRY STREAM BED OR SOMETHING LIKE THAT FOR AN ACCENT FEATURE. SO IS THAT DOES THAT COVER YOUR UM, IT'S JUST THAT WHEN WE REQUIRE PEOPLE TO DO SOMETHING, THEY ALWAYS WANT TO HAVE CLEAR DIRECTION ON WHAT THAT CAN BE.
SO YOU KNOW, THE QUESTIONS ARE START LIKE HOW MUCH TURF CAN I HAVE? AND HOW MUCH THEIR ESCAPE WE'VE GOT THE ROCK COVERED, YOU KNOW, IT CAN HAVE A MAXIMUM OF 25% ROCK. BUT I'M JUST UH, WONDERING IF IT'S JUST GONNA LEAD TO MORE QUESTIONS ABOUT WELL, IF I HAVE TO SERIOUS CAPPING, UNDERSTOOD, AND WE RECEIVE QUESTIONS LIKE THIS ALL THE TIME INTERNALLY, WHEN THERE'S SOMEONE WANTING WHETHER IT'S A HOMEOWNER, OR THERE'S A COMMERCIAL PROJECT COMING IN. WE HAVE REQUIREMENTS ALREADY IN CODE WHERE, FOR EXAMPLE, A SINGLE FAMILY HOUSE, YOU HAVE TO HAVE TWO TREES AND SH SIX SHRUBS ON SITE, AND, UH, YOU HAVE TO HAVE, UM, A MINIMUM MINIMUM AMOUNT OF ALLOWANCE OF, UH, COVERING ON THE GROUND BEFORE YOU EVEN GET YOUR YOU. THERE'S SOME CEOS FOR RESIDENTIAL PERMITS, BUT BEFORE YOU'RE ALLOWED TO MOVE IN BEFORE WE CLEAR ALL COMMENTS ON THE INSPECTIONS LARGELY TO PREVENT EROSION, BUT ALSO AS A DOUBLE WHAMMY TO HAVE A APPROPRIATE LANDSCAPING AS WELL. OK, THANK YOU. YES, SIR. OH, SO WITH ZERO ESCAPING LIKE MAYBE, INCLUDING SORT OF A AN ATTACHMENT TO THE CODE. SO WHERE PEOPLE CAN SEE LIKE, CAUSE I EAT PEOPLE HERE ZERO ESCAPING THEY OH, THAT WAS JUST FX. NO I MEAN YEAH. LIKE YOU MENTIONED IT COULD BE VEGETATION, MIXED SHRUBS. OH, YEAH, WHATEVER VEGE THEY COVERED BUT HAVING THAT SORT AN ATTACHMENT TO THIS SO PEOPLE CAN SEE THAT VERSUS HAVING TO GO INTO THE GUIDE. IT'S ALREADY INCLUDED IN IN THE CODE. IT'S I MEAN, ANYTHING THAT MAKES IT EASIER PEOPLE FOR RESIDENTS OR DEVELOPERS TO ADHERE TO THE GROW GREEN GUY FROM AUSTIN. BUT HAVING THAT AS PART OF THE, UH UH, AS AN EXAMPLE THAT THEY CAN PULL FROM SO THE THING THAT WE HAVE TO BE CAREFUL WITH IS IF WE INCORPORATE SO GENERALLY WE HAVE THE GROW GREEN GUIDE AS AMENDED.
THAT'S WHAT WE'RE STATING IN THERE. SO THAT WAY ALLOWS BY DEFAULT IF CITY OF AUSTIN UPDATES THE GROWING GUIDE, IT AUTOMATICALLY UPDATES ON OUR END . SO WHAT WE HAD TO BE CAREFUL ABOUT WHEN WE ADDED ATTACHMENT LIKE THAT, GENERALLY ON OUR WEBSITE. WE HAVE TO MAKE SURE WE'RE STAYING AGGRESSIVE WHEN IT'S BEING UPDATED ACCORDINGLY. AND SO IT'S PROBABLY BEST. THAT SPECIFIC REQUEST IS NOT IN THE CODE. BUT WE COULD HAVE IT AS AN ATTACHMENT ON OUR WEBSITE THAT PEOPLE CAN REFERENCE, WHICH IS WHICH IS RIGHT OR AN APPENDIX TO THE LINK THE LINK TO IT OR YEAH, BUT SOMETIMES LINKS CHANGE, TOO. SO WE HAVE TO BE CAREFUL. SO FOR THE SAME CONTEXT HUMAN TEMPLATE.
MAKES IT REALLY EASY. SO PEOPLE CALL FOR QUESTIONS LIKE HEY, IF IT'S IN THERE THE UNDERSTOOD. WE
[00:20:09]
WANTED TO BE. WE WANTED TO REALLY GIVE OURSELVES TEETH TO BE ABLE TO ENFORCE IT, BUT ALSO TO BE AT THE SAME TIME PROVIDE FLEXIBILITY FOR PEOPLE WANT TO GET CREATIVE IN THE DESIGN OF THEIR OF THEIR OF THEIR, UM LANDSCAPING AS WELL, IF YOU WILL. MAYBE, LIKE SOME SORT OF WORKSHOP AND YOU KNOW? BECAUSE I MEAN, IF SOMEONE IS GONNA COME AROUND YOUR SPRING RIGHT NOW, SO EVERYBODY'S YOU KNOW? AT HOME DEPOT AND THOSE I DO THIS? I HEY, SPENDING ALL THAT MONEY ON SIDES. SPEND YOUR MONEY ON, YOU KNOW NATIVE VEGETATION. PRICE. DOING SOMETHING THAT REALLY I MEAN, THE OTHER PERSON, SO YOU KNOW, THERE'S A LOT OF, UH HOMES IN PILOT HAVE SAINT AUGUSTINE.WHAT IF THEY DECIDE? HEY, I WANNA REPLACE. IS THERE SOME SORT OF INCENTIVE? THAT IF YOU REPLACE YOUR SAINT AUGUSTINE WITH NATIVE VEGETATION. AND JUST DOING THE RIGHT THING IS THERE IN SEND FOR HOMES TO DO THAT? NOT YET. THAT'LL BE THE SECOND. THIS IS PART ONE AND PART TWO IS GOING TO BE WORKING. WE'RE GONNA BRING SOME IDEAS TO Y'ALL FOR PROGRAMS THAT HAVE BEEN SUCCESSFUL OR EXAMPLES OF IT. THERE'S SOME FOR THE CITY OF AUSTIN. SAN ANTONIO HAS SOME AS WELL. AND SO THAT WAY WE CAN KIND OF LOOK AT IT TOGETHER AS A GROUP FOR COUNCIL'S DIRECTION AND START LOOKING THROUGH IT AND SEE WHAT A WHAT WE WANT TO EMULATE. UM THE IDEA IS, IN MY OPINION. I DON'T THINK WE NEED TO RE INVENT THE WHEEL. SO IF WE FIND A PROGRAM THAT IS REALLY SUCCESSFUL, WE SHOULD GO FOR IT, SO THAT'S THE GOAL. QUESTION. IF I RECALL FROM THE DOCUMENT, THERE'S A POSITION A DEVELOPER MUST HAVE SOMEBODY TAKE ON THE POSITION OR THE TITLE, THE RESPONSIBILITY OF BEING A TREE SUPERVISOR. YES. FOR THE, UM IN THE DEVELOPER WOULD D WHY NOT? HOW TO STAY SUPERVISOR OF, UH ESSENTIALLY THE ENTIRE LANDSCAPE. THREES AND THE LANDSCAPE SO THAT YOU HAVE SOMEBODY THAT'S IN ON POINT IN CHARGE KNOWS WHAT THE EXPECTATIONS ARE AND CAN IMPLEMENT THAT BOTH FOR THE CITIES SAKE AND FOR THE DEVELOPER THAT'S GENERALLY HOW IT WORKS BY DEFAULT. UM, YOUR IDEA, BUT, UH, IF THAT'S A THAT'S AN EDIT THAT YOU ALL WANT TO MAKE A RECOMMENDATION TO JUST TWEAK A LITTLE BIT. BY ALL MEANS. Y. YES, IT MAY BE. DOESN'T CHANGE IT SO MUCH FOR YOU. I HOPE AT LEAST IN A NEGATIVE DIRECTION, BUT PERHAPS A CHANGE WOULD BE USEFUL IN TERMS OF MINDSET THAT THERE IS ACTUALLY SOMEBODY ON THAT SIDE OF THE LINE THAT'S ACTUALLY RESPONSIBLE FOR PAYING ATTENTION TO THE CITY CODE. AND WE CAN HOLD IT ACCOUNTABLE MUCH MORE EASILY. SO I WOULD SUGGEST THAT CHANGE AT THE POINT WHERE IT'S IRRELEVANT TO BE MADE. OK? I HAVE SEVERAL SORRY. OK, UM.
HIGHLIGHT ALL RIGHT, STARTING WITH THE SYNTH SYNTHETIC PLANTS FOR THE ARTIFICIAL TURF. WE SAY THAT, UM, MAY ONLY BE UTILIZED IN COMMERCIAL, MULTIFAMILY OR MIXED USE DEVELOPMENTS. WHY NOT RESIDENTIAL? BEAR WITH ME. UM IT'S TOP OF PAGE FOUR. TRYING TO THINK BACK TO WHEN WE DRAFTED THE FIRST ONE, BUT JASON MIGHT BE ABLE TO RESPOND A LITTLE BIT BETTER THAN I CAN ON THIS ASPECT. UH, THE REASON FOR THAT IS IT DOESN'T ACTUALLY PROHIBIT ANYBODY FROM ADDING TURF TO THEIR THEIR RESIDENTIAL PROPERTIES. UM, YOU HAVE TO KEEP IN MIND THAT IS A SECTION UNDER REQUIRED LANDSCAPING. UM SO THE PORTION OF YOUR FRONT HOUSE FROM THE FROM THE FRONT WALL PLANE TO THE TO THE FRONT YARD, UM, IS REQUIRED TO HAVE, UH, GRASS. UH, NATURAL VEGETATION. UM BUT THAT WOULD NOT PROHIBIT SOMEONE IN THE BACKYARD IF THEY WANTED TO DO SOME. SOME, UH UM TURF OR ANYTHING LIKE THAT. AT THAT POINT, WE WOULD JUST HAVE TO DO A REVIEW OF THE TYPE OF PRODUCT THEY'RE USING. UM EACH PRODUCT HAS ITS OWN TYPE OF IMPERMEABILITY. AND SO, UM GENERALLY, SUBDIVISIONS ARE ARE CONSTRUCTED WITH DRAINAGE INFRASTRUCTURE THAT ACCOUNTS FOR ABOUT 50% IMPERVIOUS COVER ON A SITE. SO, UM, IF PEOPLE ARE GETTING KIND OF REALLY OUT OF HAND ON ON THAT AND DOING THEIR WHOLE YARDS, IT COULD AFFECT THE DRAINAGE SITUATION. OF THE SUBDIVISION AS A WHOLE. SO UM, THAT'S WHY IT'S KIND OF WRITTEN THE WAY IT IS, BUT IT IT WOULD NOT PROHIBIT IT. IT'S JUST WOULDN'T BE ALLOWED IN THE REQUIRED LANDSCAPING COMMERCIAL IS A LITTLE BIT DIFFERENT BECAUSE OF JUST, UM, THE WAY THE PROJECTS ARE LAID OUT. AND SO THAT'S WHY WE ALLOWED THAT IN THAT AREA, JUST NOT ON RESIDENTIAL. AND THE REASON I ASK THIS IS BECAUSE IN OUR NEIGHBORHOOD, WE DID PUT ARTIFICIAL TURF DOWN IN OUR PARK AREA, AND WE HAD SEVERAL HOMEOWNERS WHO ARE SAYING WELL, WE CAN THE HO A CAN DO IT. WHY
[00:25:06]
AND I, AND SO THAT'S WHY I AND A S WILL BE, UH, SOMEWHAT DIFFERENT FROM OUR REGULATIONS.UM THEIR CITIES DON'T ENFORCE THOSE HOAS. SO UM, THERE COULD BE SOME CONFLICTS WITHIN THE CODE BECAUSE EVERY HO A IS A LITTLE BIT DIFFERENT. ALL RIGHT. THEN UM, SO THE WAY THE ZERO ESCAPING STATES IS YES, WE CAN ONLY BE LIMITED ON THE RIVERWALK FOR 25% SO TECHNICALLY UM, THEIR ENTIRE FRONT YARD CAN BE, UH, MULCH WITH DROUGHT RESISTANT PLANTS. WITH THE APPROPRIATE IRRIGATION. THERE'S NO PERCENTAGE OF THE YARD A MINIMUM OR A MAXIMUM PERCENTAGE. FOR JUST ZERO ESCAPING CORRECT. THERE IS NOT SO THERE IS NOT A MAXIMUM FOR PERCENTAGE FOR ZERO ESCAPING BECAUSE THE ENTIRE THING YOU'RE REQUIRED TO HAVE ZERO ESCAPING. BUT WE WANNA TALK ABOUT RESIDENTIAL HERE. YEAH YES , EVERYBODY, ALL RIGHT? AND SO, UM IT DOES NEED TO BE DESIGNED APPROPRIATELY. YOU DO WANT TO HAVE IN MOST CASES YOU DO WANNA HAVE MULCH UNDERNEATH THE PLANTING SO THEY CAN BE IT CAN HOLD WATER IN FROM A, UM FROM A LAYERING PERSPECTIVE, AND ESPECIALLY IN THE IN THE HOT SUMMER SUN AND JULY AUGUST AND THAT KIND OF STUFF. SO TECHNICALLY, I THINK, UM A YARD THAT I CAN KIND OF YOU KNOW, SEE IN MY HEAD IS ON NEW BRIDGE, AND I THINK YOU MAY KNOW THAT ONE. THEY HAVE MOST OF IT AS YOU KNOW , LIKE DROUGHT RESISTANT LITTLE LITTLE PLANTS. IT'S NOT DROUGHT RESISTANT GRASS. IT'S LITTLE PLANTS, WITH MOST OF IT BEING MULCH. AND SO THAT COULD ULTIMATELY BE ALLOWED IN THE YARD IS 100% MULCHED, WHICH IS LITTLE PLANTS HERE AND THERE. AS LONG AS THEY HAVE THE TWO TREES. IT COULD BE, UM WHEN? WHENEVER I WAS WRAPPED IN THE THIS THIS CODE AMENDMENT THAT'S BEFORE YOU TODAY I WAS IN THE WHEN I WAS ENVISIONING WHAT A NICE LOOKING YARD WOULD LOOK LIKE MAYBE THERE WOULD BE SOME PLANTING AREAS RINGED BY A ROCKS OR LIMESTONE, OR WHATEVER, WITH SOME PLANTINGS IN THE MIDDLE, AND THEN YOU HAVE, UH, SOME TREES AND WHAT HAVE YOU AND IT'S A IT'S A GOOD MIX OF IT NOW TO GET INTO THE NITTY GRITTY ON HOW TO HOW MUCH SO YOU HAVE TO HAVE VERSUS HOW MANY AREAS OF MULCH THAT GETS THAT GETS VERY, VERY DETAILED. SO I UNDERSTAND THERE'S NOT A GOOD WAY TO MANAGE THAT. AS FAR AS I KNOW, THAT'S WHY I'M JUST ASKING SO TECHNICALLY A YARD COULD BECAUSE THEY WANT NO MAINTENANCE. EXCEPT FOR MAYBE, YOU KNOW, WATERING A LITTLE. YOU KNOW, A PIECE OF LAVENDER OR SOMETHING THAT'S IN THEIR YARD. YOU KNOW, HERE AND THERE AND THE REST OF IT'S MULCH. THAT'S TECHNICALLY SOMETIMES THAT'S MORE MAINTENANCE. FOR SOME PEOPLE. YES SOME PEOPLE LIKE GARDENING. THEY JUST DON'T LIKE MOWING. OK? UM YEAH, LET'S SEE. ALL RIGHT, SO WE DID RESEARCH.
SO THIS IS ON PAGE NINE. UM B THREE, SO NO MORE THAN 50% OF THE CRITICAL ROOT ZONE OF A HERITAGE TREE. SHALL BE COVERED WITH IMPERVIOUS COVER AND NO CLOSER THAN 3. FT AND SO WE LOOKED AT THIS AND WE KNOW THAT THAT MAKES IT SAFE FOR A HERITAGE TREE. IT DOESN'T NEED TO BE FURTHER OUT. YES YOU DO NEED TO BE VERY CAREFUL. ESPECIALLY YOU NEED TO BE CAREFUL WITH ANY TREES. LET ME SAY THAT. UM BUT BECAUSE WE HAVE THE THREE DIFFERENT TIERS OF FREE PROTECTION WE HAVE UNDER 12 INCHES. YOU DON'T HAVE TO PROTECT IT NECESSARILY, OR RECEIVE A SPECIAL PERMIT FROM THE CITY. 12 TO 25. YOU HAVE TO HAVE, UH, PERMISSION FROM THE PLANNING DEPARTMENT IN 25. PLUS YEAR YOU HAVE TO HAVE PERMISSION FROM Y'ALL. UM TO BEFORE YOU CAN REMOVE A TREE, BUT FROM A TREE PROTECTION STANDPOINT. THE MORE YOU ADD, IMPERVIOUS COVER. TO AN AREA, THE LESS WATER, RAINWATER OR EVEN RUNOFF SOAKS INTO THE GROUND. AND SO, UM, ESPECIALLY THOSE VERY LARGE AND RARE TREES THAT WE WOULD CONSIDER HERITAGE OR SPECIMEN TREES. WE DO ABSOLUTELY WANT TO LIMIT HOW MUCH IMPERVIOUS COVER IS NEAR, OR UNDERNEATH THEM FOR THE SAME REASON, SO WE JUST WE HAVE RESEARCHED AND 50% IS IMO. HE IS A REALLY GOOD LANDSCAPE CODE.
AND SO WE A LOT. A LOT OF THESE LARGER UPDATES THAT YOU SEE, WE PULLED DIRECTLY FROM IT AND IT IT FUNCTIONS PRETTY WELL. OK? AND THANK YOU FOR CLARIFYING THAT THE TEXAS RED OAK IS
[00:30:05]
ALLOWED BECAUSE THAT'S WHAT MY TWO TREES ARE. BUT FOR THOSE OF US WHO DIE EVERY WINTER. WHY DO WE STILL ALLOW FOR CEDAR? TO BE CHEAPER. THAT JUST CEDAR DEAR THEODORA. IT'S NOT THE SAME THING AS JUNIPER ASH. UH, JUNIPER IS THE TREE THAT YOU SEE OUT IN THE HILL COUNTRY THAT IS THE BANE OF EVERYONE'S EXISTENCE IN THE IN THE IN DECEMBER, WHEN THEIR POLLEN GOES CRAZY. UM AND SO, UM BUT THERE'S A LOT OF DIFFERENT TYPES OF CEDARS, AND IT'S NOT THAT IT'S NOT THAT JUNIPER ASH OR, UH JUNIPERS, VIRGINIANA, UM VARIANTS OF THE SAME COMMON SEAT THAT YOU SEE.OK AND I SEE THAT IT SAYS COME AND CEDAR BY THE SIDE OF THAT THAT WE'RE NOT ALLOWING UNLESS IT AFFECTS THE WARBLER. SO AND JUST JUST SO YOU ALL KNOW, UM THE LITTLE ASTERISK NEXT TO THAT. UNDER FOLLOWING THE LETTER F IN COTTONWOOD. THAT IS AN ADDITION THAT SHOULD BE UNDERLINED. SO I'M WONDERING WHENEVER WE UPLOADED THIS TO GRANICUS. THERE MIGHT HAVE BEEN SOME FORMATTING ISSUES. I WANNA MAKE SURE THAT YOU ALL ARE AWARE OF THAT. THE STATEMENT JUNIPERS VIRGINIANA JUDIS 25 CALIBER INCHES OR LARGER, MUST FOLLOW THE TREE REMOVAL PROCESSES OUTLINED IN THAT SECTION RIGHT THERE FOR THE PURPOSE OF PRESERVING GOLDEN CHEEKED WARBLER HABITAT. THAT IS A NEW ASPECT OF IT. AND SO I WAS ADDING, UM ARIZONA ASH AND COTTONWOOD JUST ABOVE IT. OK, WE HAVE A NEW SYSTEM WE'RE WORKING THROUGH. AND SO SOMETIMES IT COSTS A LITTLE BIT OF FORMATTING STUFF. ISSUES. OK, AND SO, UM AND THIS ALL FALL. YOU KNOW, OF COURSE, THIS IF SOMEBODY ALREADY HAS SAINT AUGUSTINE, IT IS GRANDFATHERED. BUT IF THEY WANT TO CHANGE THEIR SIDE, OR, YOU KNOW, NEED TO REPLACE THEIR SOD. THEY NEED TO BE CAREFUL. YES UM, IN THE FUTURE. UM AND SO I JUST WANNA PUT THAT OUT THERE. IF ANYBODY'S B, HE'S LISTENING BECAUSE I KNOW THERE'S A LOT OF PEOPLE OUT THERE. WHO WOULD PREFER, SAY, AUGUSTINE TO BERMUDA. I HAVEN'T FIGURED OUT WHY CAUSE I'M A BERMUDA GIRL MYSELF, BUT UM DO YOU KNOW? IT'S NO LONGER ALLOWED, AND SO IF YOU'RE REPLACING YOUR SIDE NO MORE. THESE BE NATIVE, DR. UM, ALSO ONE OTHER THING. UM, SECTION EIGHT A THROUGH D. IS ALSO BEING ADDED AS A PREVENTION AND CONTROL OF THE SPREAD OF OAK WEALTH THAT YOU SEE ON THE SCREEN THERE. WANTED TO SEE WHAT ELSE. AND THERE'S A CERTAIN TIME OF THE YEAR THAT TREES NEED TO BE PRUNED. YES IS THAT IT? I DIDN'T SEE THAT IN HERE. NO, UM FROM A PRUNING PERSPECTIVE. WE DO RELY ON CAUSE WE CAN'T POLICE EVERYBODY. SO SOMEONE WANTING A HOMEOWNER, ONE OFF HOMEOWNER WANTING TO DO SOME PRUNING WE DO THEY ARE GONNA HAVE TO RELY ON HAVE TO TRUST THAT THEY DO THEIR RESEARCH, OR THEY HIRE A PROFESSIONAL TO PRUNE APPROPRIATELY. BUT CAN WE MAYBE PUT LIKE AN ASTERISK UNDER ONE OF THESE? JUST THIS IS THE TIME OF YEAR THE PROPER TIME OF YEAR FOR TREE, YOU KNOW TREE PRU PRUNING TO UM TO UH, HOPEFULLY WITHHOLD THE OAK WILT FROM HAPPENING. YOU JUST ADD THAT IN THERE IF SOMEBODY'S READING THIS, SO THEY KNOW FOR SURE. IT. IT MIGHT BE BETTER TO PUT A STATEMENT OF SOMETHING SIMILAR TO THE EFFECT OF UM, PRUNING SHOULD BE ACCOUNTED FOR AN APPROPRIATE TIME OF YEAR FOR THE TEXAS A FOR A SERVICE OR SOMETHING LIKE THAT, SOMETHING JUST SO THAT PEOPLE UNDERSTAND THAT THERE'S CERTAIN TIMES OF THE YEAR. THAT HELPS PREVENT WHEN YOU'RE PRUNING TO HELP PREVENT OAK. WELL, MAYBE PUT A RECOMMENDATION PER TREE, YOU KNOW, LIKE YOU KNOW WHATEVER. RED OAK, YOU KNOW, PRUNING DUNN. YOU KNOW, IN THE JANUARY THROUGH YOU WHAT? WHATEVER, AND THEN KIND OF THAT STUFF. THE POINT IS, LIKE I SAID EARLIER, MAKING IT EASIER FOR RESIDENTS AND DEVELOPERS JUST OH, OK. WELL, EVERYBODY ADHERE TO THAT.
[00:35:04]
PROBABLY NOT. BUT MAJORITY OF PEOPLE. I THINK A MAJORITY OF PEOPLE WILL. I THINK IT GOES BACK TO THE SAME IDEA AS THE, UH, C GREEN GUIDE IS IF WE PUT A REFERENCE IN THERE THAT PEOPLE CAN FIND REALLY EASILY THAT WAY. BECAUSE OVER TIME. AS AS AN ORGANIZATION LIKE TEXAS AND M FOR SERVICE GAINS KNOWLEDGE THERE. UM RECOMMENDATIONS GET TWEAKED, AND THEY CHANGE A LITTLE BIT. SO I THINK AS AS LONG AS WE DO THAT, THAT'S PROBABLY THAT WOULD BE MY RECOMMENDATION. IF YOU IF WE WANT SOMETHING YOU WANT TO ADD AND ESPECIALLY AS SEASONS ARE CHANGING THESE DAYS. I DON'T THINK WE HAD A WINTER SO MUCH FOR MAYBE A WEEK. UM, LET'S SEE.ALSO ONE MORE THING. NINE A AND B. WE ARE ADDING THAT AS WELL INTO THE INTO THE INTO THE CODE, SO YEAH. WE'RE GONNA TRY TO MAKE SURE BETWEEN UH Y'ALL SEE THIS TONIGHT AND ALSO WITH COUNCIL THAT THAT IS UPDATED. WE CAN GET THE RESULT SO IT'S A LOT MORE CLEAR IN TERMS OF WHAT WE'RE ADDING. WHAT WE'RE TAKING AWAY. YEAH. WELL, THAT WAS IT FOR ME. THANK YOU. I THINK, OK, UM, ONE QUESTION THAT I HAVE IS ABOUT THE USE OF THIS GUIDE. SO IF IT SAYS THAT ALL THE INSTALLED PLANTS AND LANDSCAPE MATERIALS SHOULD FOLLOW THIS GUIDE. IF YOU PLANT SOMETHING THAT'S NOT HERE.
WHAT HAPPENS? LIKE IF I LOVE TULIPS AND I PLANT TULIPS IN MY YARD WITH SOMEONE GOING TO SEND ME A LETTER THAT SAYS, SHAME. PAY US THIS FINE OR HO? HOW DOES THAT WORK? HOW DO WE ENFORCE THIS? SO. REGARDING LANDSCAPE CODE REQUIREMENTS. THE WHERE WE SEE THE MOST CONVERSATION WITH RESIDENTS OR DEVELOPER IS WHEN SOMEONE IS, UH, DEVELOPING A CHICK FIL A OR A WAREHOUSE OR YOU NAME IT. THAT'S THAT'S THE CORE OF WHAT WE SEE RIGHT SO THEY'LL THEY'LL GO THROUGH THE THERE'S THIS PRETTY TYPICAL PROCESS THAT WE GO THROUGH IN A PRE DEVELOPMENT MEETING, THE LAST ALL THE SETBACKS AND PREVIOUS COVER WHERE THEY PUT THE BUILDING HOW PARKING RATIOS THAT KIND OF STUFF AND THEN THEY TALK ABOUT LANDSCAPING. AND SO WE PROVIDE THEM SEND THEM TO OUR CODES, AND IT'S LIKE AND WE WHEN WE MAKE SURE WE TELL HIM IT HAS TO BE NATIVE IN CENTRAL TEXAS, THAT KIND OF STUFF. UM OR SOMEONE CALLS IN JOHN SMITH WANTS TO PLANT A TREE IN HIS YARD. APPARENTLY HE WANTS TO PLAY SOME SHRUBS AND SO THAT WE BRING HIM TO THIS SECTION CODE.
UM WE DON'T HAVE A LOT OF CONVERSATIONS OTHERWISE WITH THE COMMUNITY. WE HAVE A VERY LARGE COMMUNITY. UM WE ALSO DON'T HAVE A LOT OF STAFF. WE HAVE VERY MUCH TO HAVE TO GO OUT POLICING IN OUR OWN IT IF THERE IS SOMEBODY WHO IS CONCERNED ABOUT SOME THANKSGIVING BEING INSTALLED. IT'S USUALLY THEY GIVE US A SHOUT. THEY GIVE US SHOOT US AN EMAIL OR THEY GIVE US A CALL, AND THEN WE CHECK ON IT. AND THEN WE GO AND COORDINATE WITH THAT PERSON. IF JUST TO CHECK IF THEY'RE BEING COMPLIANT WITH THE CODE OR NOT. UM, IN THE EVENT THAT, UM NOT IN THE CONTINUE TO DO OR VIOLATE THE CODE. UM WE HAVE THE $2000 PER OFFENSE REQUIREMENT. THAT'S A PRETTY STANDARD, UM, SECTION OF CODE FROM THE STATE OF TEXAS FOR MISDEMEANOR RELATED ITEMS. I'M PROBABLY GETTING THE LEGAL JARGON WRONG, BUT THAT'S UH, THAT IS ONE THAT, UM IT FOLLOWS STATE LAW FROM A FROM A COST PERSPECTIVE, AND IT'S IF IT IF IT ESCALATES TO THAT POINT WHERE IT HAS TO COME IN FRONT OF AN OUR MUNICIPAL JUDGE, WHICH IS VERY RARE. IN FACT, I DON'T THINK IT'S EVER HAPPENED FROM A LANDSCAPE. GOOD PERSPECTIVE IN OUR CITY. UM THEN THE JUDGE USUALLY HAS THE AUTHORITY TO EITHER. MAKE THEM REMOVE IT AND REPLACE IT WITH SOMETHING ELSE OR PAY A PORTION OF THE FEE. OR ALL OF IT, DEPENDING ON THE SEVERITY OF THE ISSUE. SO INTERESTING. IS THERE ANY WAY WE CAN ALSO, MAYBE GET WITH UM LOWE'S HOME DEPOT ANY OF THE OTHER NURSERIES THAT WE HAVE WITHIN THE CITY LIMITS? TO YOU KNOW, GIVE THEM THIS GUIDE TO LET THEM KNOW WHAT PLANTS REALLY AREN'T APPROPRIATE TO TRY AND SELL WITHIN THE CITY LIMITS. YOU CAN PROBABLY PROVIDE THE DOCUMENTATION TO THEM. WE HAVE TO BE CAREFUL, THOUGH WE CANNOT FORCE THEM TO LIMIT SALES AS FAR AS I UNDERSTAND IT OF CERTAIN THINGS THAT ARE COMPLETELY LEGAL TO SELL IN THE STATE OF TEXAS AND THE UNITED STATES, AND I UNDERSTAND THAT, ESPECIALLY BECAUSE SOMEBODY FROM SAY. YOU MAY COME TO LOWS, AND THEY'RE PERFECTLY ABLE TO PLANT THOSE
[00:40:06]
PLANTS. I'M JUST SAYING, YOU KNOW. I DON'T KNOW. JUST MAYBE HAVING THEM I DON'T KNOW. PUT IT NOT, YOU KNOW. IF AT LEAST HAVE THEIR STAFF TRAINED. AND IF THEY SAY, WELL, I'M DOING THIS IN, KYLE. WELL YOU DO KNOW THIS IS ILLEGAL. AND THIS IS NOT TO BE PLANTED IN KYLE. YOU KNOW, SOME AT LEAST SOME SOME TRAINING ON THEIR PART, OR, YOU KNOW, HALF THE GUIDE. SAY, HEY, YOU NEED TO TRAIN YOUR PEOPLE ON WHAT CAN BE PUT IN IN KYLE. SOMETHING LIKE THAT. AND I. I THINK COMMISSIONERS IS APPROPRIATE TO KEEP IN MIND THAT THIS LANDSCAPE IS ONLY AGAIN REQUIRED LANDSCAPING. UM SO YOU'RE REQUIRED SHRUBS. YOU'RE REQUIRED TREES YOU REQUIRED, UM UH, SO, UM, ANYTHING THEY DO OUTSIDE ABOVE AND BEYOND. WHAT IS REQUIRED WOULD BE IN ADDITION WOULD NOT BE PROHIBITED UNLESS SPECIFICALLY LISTED. SO UM, UH FOR CHAIRMAN, UH, ONS QUESTION.UH SO IF YOU WANTED TO PLANT TULIPS, UM, AND IT'S NOT RECOMMENDED BY THE GREEN GROVE GUIDE, UM, IT WOULD NOT BE A CODE VIOLATION UNLESS YOU CHOSE THAT AS YOUR REQUIRED LANDSCAPING IN YOUR FRONT YARD. THEN AT THAT POINT, WE WOULD SAY NO. DURING THE PLAN REVIEW PROCESS. UM, UM, WE'D BE GLAD TO REACH OUT TO, UM UH UH, COMMUNICATIONS TO SHARE THOSE CHANGES, UM, WITH THE WITH THE COMMUNITY WITH LOWE'S AND HOME DEPOT, BUT, UM, I DON'T KNOW THAT WE WOULD GO AS FAR AS AS CONDUCTING TRAINING ON ON WHAT IS SAY, ILLEGAL OR NOT LEGAL, UM THAT THAT KIND OF GETS INTO AN AREA OF REGULATING UH UH, A SALES OF A BUSINESS THAT AND PROBABLY IS NOT GERMANE TO THIS DISCUSSION, BUT THAT IS SOMETHING WE CAN WE CAN LOOK AT DOING. IF YOU'RE INTERESTED. FOR EXAMPLE, SOMEBODY WANTS TO REPLACE THEIR SAW, AND THEY WANNA GO AND BUY SAINT AUGUSTINE TO DO IT AND, YOU KNOW OR RECOMMENDING NO AND YOU KNOW, CHRISTINA IS PROHIBITED THAT WAY. BUT, YOU KNOW, WE WANT TO MAKE SURE THAT LOWS. AND HOME DEPOT OR ANY OTHER NURSERY WITHIN THE CITY LIMITS. I'M NOT SAYING, YOU KNOW, DRIVE OUT TO BUT TO DRIVE OUT TO YOU AND OR ANY OTHER NURSERY, BUT JUST WITHIN THE CITY LIMITS SO THAT THEY KNOW THAT GUESS WHAT? SAINT AUGUSTINE? A NO. GO HERE IN THE CITY. THAT WAY. A PERSON DOESN'T BUY IT AND THEN GO INSTALL IT. AND THEN SOMEBODY COME BY AND GO , UH, YOU KNOW, AND NOW YOU HAVE TO TAKE IT OUT SO WE CAN INFORM THE LOCAL BUSINESSES OF WHAT GRASS WE ALLOW AND WHAT GRASS WE DO NOT ALLOW. WE CANNOT REQUIRE THE LOCAL BUSINESSES TO SHARE THAT WITH THEIR CUSTOMERS.
THAT'S ACTUALLY A FIRST AMENDMENT ISSUE. AND WE ASKED HIM TO KNOCK ON PEOPLE WHO BUY THE WRONG STUFF. NO NOT THAT I WOULD ENCOURAGE THAT. I WAS JUST CURIOUS FROM A LEGAL PERSPECTIVE. YOU KNOW, THERE'S THAT THOSE YEAH, THAT'S UP TO THEM IF THEY WANT TO PUT UP THE SIGN, BUT YEAH. YOU KNOW, WE CAN JUST LET THEM KNOW WHAT THEY WANT TO DO WITH THAT INFORMATION THEY CAN DO WITH IT. YEAH, JUST THE THOUGHT WOULD BE THIS THAT IN RESIDENTIAL AREAS IN PARTICULAR, IT'S THE HOAS THAT HAVE A LOCK DOWN ON THESE, UH, STANDARDS. AND OF COURSE, THAT'S WHERE A LOT OF THE WRANGLES GONE WITHIN A LOCAL COMMUNITY AND DEVELOPMENT IS WITH THE HO A AND THE HOMEOWNERS AROUND THESE VERY THINGS COMMONLY UM MY TAKE ON THAT, AS A RESULT IS THAT WE'VE GOT ANOTHER BIG DEVELOPMENT GOING IN IN THE NORTHWEST, RIGHT ? UH, WEST AND WE'VE HAD OTHERS COME AS WELL TO GET THIS DONE WELL AS QUICKLY AS POSSIBLE. SO THE DEVELOPER WHO IS THE HO? A.
IN ESSENCE IN THE BEGINNING, UM SHAPES THEIR ENTIRE MODEL AROUND THIS AND TO DO THAT AS QUICKLY AS POSSIBLE BECAUSE THEY'RE GOING, YOU DON'T HAVE THE STAFF TO GO OUT AND POLICE THIS, BUT IF THIS IS WHAT'S REQUIRED, AND THEY CAN FORM, THEN IT'S THEIR JOB, ACTUALLY TO, UH TO, UH, SEE THAT EVERYBODY PLAYS THE GAME. AND SO THAT'S ONE THOUGHT I WOULD HAVE ABOUT GETTING REALLY GETTING THIS TO WORK WITH THE NEW PROJECTS ASAP BECAUSE WE'LL WE'LL HAVE THEM COMING AT US.
AND SO, UH, I WOULD LIKE TO SHAPE THEIR BEHAVIOR A LITTLE BIT. GIVE THEM A LITTLE NUDGE ABOUT, UH, THE DIRECTION TO GO IN. MAYBE IT WILL HAVE AN IMPACT. MHM. AS WELL AS THE HOAS YOU KNOW, BECAUSE LIKE FOR OURS, FOR EXAMPLE, UH, YOU KNOW, EVERY MOST OF THEM HAVE TO HAVE AN ARCHITECTURAL REVIEW COMMITTEE. AND THAT ARC. UM AT LEAST REVIEWS THE FRONT YARD. THEY DON'T REALLY RE. YOU KNOW, SOME OF THE BACKYARDS CAN BE DONE, BUT THE FRONT YARDS AS LONG AS THEY KNOW, AND THE PERSON SAYS, OH, YEAH, I WANNA PUT IN SAINT AUGUSTINE. THAT ARE CAN DENY IT
[00:45:01]
AND SAY NO. YOU KNOW, BEFORE IT'S EVEN GONE ANYWHERE. UM NOW HERE'S THE ONE THING DO MOST HOMEOWNERS. ACTUALLY. YOU KNOW, APPLY TO THE ART AND GET THAT DONE. UH, NOT SO MUCH, BUT, UM UH, BUT AT LEAST THAT'S ANOTHER LOCATION, TOO, IS TO GET WITH THE HOAS AND LET THEM KNOW ABOUT IT AS WELL. ONCE IT'S FINALIZED AND BRIGHT COLORS ARE DONE. WELL, IF WE GET THIS MODEL OUT THERE THIS NEW ORDINANCE IT JUST WITH SOME GUIDANCE TO THEM. IT SEEMS LIKE WE COULD HAVE THESE NEWER DEVELOPMENTS. BE THE EXEMPLARS FOR WHAT SHOULD BE DONE. IN OTHER WORDS, IF YOU WANT TO SEE WHAT SOMETHING CAN LOOK LIKE, GO TO THIS DEVELOPMENT, WHICH IS ONE OF THE FIRST AND LOOK AT IT. UM SO WE DON'T HAVE TO CREATE ANYTHING SPECIAL DUMMY UP A SIM FOR THE COMPUTER OR ANYTHING WE CAN SAY, LOOK AT WHAT'S GOING ON OVER THERE. AND UM, I WOULD LIKE TO USE THE YOU KNOW NEWBORN COMMUNITIES, YOU MIGHT SAY, AS AS THE EXEMPLARS FOR EVERYBODY THAT'S FOLLOWING, YOU KNOW, MAY MAYBE SAVE ALL OF US A LOT OF WORK, ACTUALLY. MM. ANY OTHER QUESTIONS. OK? SO WE WOULD NEED A MOTION IN A SECOND TO MAKE A RECOMMENDATION ON THIS ACTION.DOES ANYONE WANNA MAKE ONE I'D LIKE TO MAKE A MOTION TO RECOMMEND APPROVAL OF THIS TO THE CITY COUNCIL. SECOND HAVE A MOTION TO RECOMMEND APPROVAL OF 4.3 FROM COMMISSIONER SHIEL AND A SECOND BY COMMISSIONER SERATO. IS THERE ANY DISCUSSION ON THIS BEFORE WE VOTE? MADAM CHAIR. OF I'VE LOOKED AT THIS A COUPLE TIMES. AND UH, LISTEN TO ALL OF THE DISCUSSION. UH, THE STATEMENT THAT LANDSCAPING A LANDSCAPING METHOD. IS REQUIRED IN ALL ZONING DISTRICTS, I THINK WILL BE REALLY HARD TO ENFORCE. UM I. I UNDERSTAND THE INTENT AND WE WANT TO ENCOURAGE LANDSCAPING. I THINK THE I THINK THE PART THAT REALLY HAS TEETH IS TAKING AWAY THAT NO MORE THAN 75% THAT THAT THAT'S ACTUALLY A WHAT YOU MIGHT CALL STRUCTURAL CHANGE TO THE DOCUMENT, BUT, UH, I'M NOT CONVINCED THAT WORDED THE WAY IT IS. IT'S ENFORCEABLE. UM, HOW CAN YOU ENFORCE A METHOD? UH, IT ONLY MEANS THAT YOU'D HAVE TO LOOK AT EVERY PLAN AND COME UP WITH SOME SORT OF STANDARDS AS TO PERCENTAGE OF ROCK AND PERCENTAGE OF MULCH AND SO FORTH. AND SO, UM UM, I. I DON'T THINK I CAN UH, GO GO ALONG WITH THIS BECAUSE IT JUST DOESN'T. UH I DON'T THINK IT'S ENFORCEABLE. SO OK? OR YEAH. AND COMMISSIONER. UH IS IT? IS IT BECAUSE IT'S NOT PRESCRIPTIVE ENOUGH? THEN IT'S EXACTLY CORRECT. YEAH, IT'S NOT PRESCRIPTIVE ENOUGH. SO ALL ALL OF OUR OTHER REQUIREMENTS SAY SPECIFIC NUMBER OF TREES, SPEC. SPECIFIC NUMBER AMOUNT OF ROCK AND SO FORTH. BUT TO SAY THAT WE'RE GOING TO REQUIRE A LANDSCAPING METHOD IS NOT DEFINITIVE ENOUGH. AND UH, WITHOUT ADDITIONAL DOCUMENTATION . I UNDERSTAND IT'S A PRINCIPLE, BUT WE CAN'T ENFORCE A PRINCIPLE LIKE THAT. I DON'T THINK SO I WOULD I WOULD LIKE TO SEND IT BACK FOR REWORDING. OR TO STRIKE THAT PARAGRAPH F. UM TO HAVE THAT IS REQUIRED. UNDER THE FOLLOWING CONDITIONS. I DON'T EVEN KNOW WHY THAT PART'S THERE, BUT, UH I THINK TO I THINK THE IDEA IS, UH THERE. THERE ARE CERTAIN THINGS THAT WE'RE GOING TO REQUIRE, AND IT'S TYPES OF GRASSES AND AMOUNT OF ROCK AND AMOUNT OF TREES AND I'M NOT SURE HOW WE GET THE POINT ACROSS IS THAT ZERO? ESCAPING IS WHAT WE WANT. UM, BUT I DON'T THINK THIS IS ENFORCEABLE. MAYBE OUR LEGAL COUNSEL COULD WEIGH IN ON THAT. BUT UH, ANYWAY THAT THAT'S MY OPINION. AND SO I WOULD OFFER.
UM I DON'T HAVE THE WORDING. UNFORTUNATELY TO SAY WHAT? WHAT IT SHOULD BE, BUT, UH I DON'T THINK IT SHOULD BE THAT. ANYBODY ELSE? HER TO WENT IN AND WELL, IN TERMS OF HOW THESE THINGS, UH NO PUN INTENDED. HIT THE GROUND. UM I THINK THAT THIS IDEA TRYING TO GET AFTER THE IDEA OF A TREE SLASH LANDSCAPE SUPERVISOR FOR PROJECTS UM IS ONE WAY THAT WE ARTICULATE EXACTLY WHAT WE WANT.
UM AND HOLD THEM ACCOUNTABLE. AT THAT POINT NOW IT'S ONLY WITH NEW DEVELOPMENT, OBVIOUSLY, BUT
[00:50:03]
I THINK THAT'S ONE WAY YOU WORK WITH THAT, WHERE IT'S NOT SO PRESCRIPTIVE. THERE'S SOME FLEXIBILITY IT CAN BE DONE ON THE CONSULTATION BASIS. BUT IN THE IN THE END, THEY KNOW THAT THEY HAVE TO CONFORM TO THE OUTLINES HERE IN THE CODE. AND, UM THE I THINK THAT WE CAN BE IN A SITUATION WHERE IT'S SO OVERLY PRESCRIPTIVE THAT YOU START. YOU COULD ARGUE ABOUT SOME SPECIES OF A SPECIES, YOU KNOW THAT YOU IS REQUIRED. SO UM I, I AND I VERY MUCH APPRECIATE YOUR CONCERNS HERE, BUT AS YOU CAN SEE, I'M SORT OF LOOKING AT IT FROM A DIFFERENT VIEWPOINT IN TERMS OF THE BEHAVIOR INVOLVED. TO GET IT DONE AND CREATING EXEMPLARS OF WHAT WE WANT AND THEN USING PEOPLE HOLDING THEM ACCOUNTABLE. VERY CLEARLY, UH, FOR THEIR PROJECTS. UM BUT THAT'S PROBABLY THE WAY WE JUST GET IT DONE. IT'S ON A COLLABORATIVE CONSULTANCY BASIS RATHER THAN PRESCRIPTIVE, AND WE GET INTO A RELATIONSHIP WITH PEOPLE. THAT'S YOU KNOW MORE ABOUT COERCION. THEN COLLABORATION. WELL FOR ME. IT'S MORE ABOUT DEFINITION, SO LET ME USE AN EXAMPLE OF A WATER FEATURE LIKE A FOUNTAIN OR SOMETHING LIKE THAT. IF WE SAY IT MUST BE SE ESCAPED. DOES A WATER FEATURE FIT INTO THAT MIX OR OR NO? THE WATER FEATURE CAN FIT INTO ZERO ESCAPING. YOU DO HAVE TO BE CAREFUL ABOUT WHEN IT'S IMPLEMENTED AND WHEN YOU'RE GOING TO USE IT, FOR EXAMPLE, IF IT'S A FOUNTAIN IT'S BEING PULLING FROM CITY WATER. WE WOULD HAVE TO SAY OK, AS LONG AS OUR WATER RESTRICTIONS ARE ALLOWING YOU TO USE IT. UM, IF IT IS A IF IT IS A TRYING TO THINK IN TERMS OF, UH UH, A RAIN GARDEN. IF YOU WILL, WHERE IT HAS PLANTS THAT CAN SURVIVE IN BOTH, UH WET CONDITIONS AND DRY CONDITIONS, AND IT'S A DEPRESSION. IT'S USED TO UH, TO HOLD WATER BEFORE IT RUNS OFF SITE AND ALSO CLARIFY THE WATER AT THE SAME TIME. THAT'S ALSO A WATER FEATURE, BUT IT'S A ONE THAT'S CYCLICAL FROM THE TIME OF YEAR, RIGHT? SO, UM THOSE ARE THINGS THAT WE ALREADY ACCOUNT FOR. IN TERMS OF OUR CODE. WE HAVE A DROUGHT MANAGEMENT. UM AND WATER USAGE PROGRAM ALREADY IN PLACE IN TERMS OF UM, IF IT'S NOT RAINING ENOUGH VERSUS IF IT IS HOW MU HOW OFTEN YOU CAN WATER YOUR LAWN EVERY DAY OR WHAT ARE YOUR SHRUBS? IF YOU CAN USE A SYSTEM OR IF YOU CAN ONLY HAND WATER? WE ALREADY ACCOUNT FOR THAT. SO, UM NO BY PERCENTAGE OF TURF ON ON THE GROUND, FOR EXAMPLE, I DON'T HAVE A GOOD NUMBER BECAUSE EACH SIDE IS UNIQUE. UM AND IT'S A COHESIVE DESIGN. THAT'S THE IDEA IS YOU YOU HAVE SO MANY SHRUBS. YOU HAVE SO MANY TREES. YOU HAVE SO MUCH TURF AND UM, SOME TYPE SOME SPECIES OF TURF WORK BETTER UNDER SHADE AND SOME DON'T SO YOU HAVE TO REQUIRE A PERCENTAGE OF THAT. SAY IS, UM GETS REALLY, REALLY NUANCED. AND I DON'T WANNA SAY I THINK PIGEON HOLD IS THE WRONG WORD. UH, BUT WHEREAS FOR EXAMPLE, WE ARE COMFORTABLE WITH THE IDEA FOR A MAXIMUM PERCENTAGE OF THE RIVER ROCK BECAUSE RIVER ROCK, STONE OR STUFF MATERIAL SIMILAR TO THAT THEY ACTUALLY DRAW THEY THEY ABSORB HEAT REALLY WELL, AND SO THAT CAN AFFECT THE ADJACENT PLANETS IN A NEGATIVE FASHION, ESPECIALLY IN THE LAST SUMMER MONTHS. THEY CAN TURN AND BRITTLE AND THEY CAN THEY CAN I NOT IN THE SENSE OF CATCHING HIM WITH FIRE, NECESSARILY, BUT THEY CAN. THEY CAN CAUSE DAMAGE TO THE PLANTS AND ADD TO THE HEAT ISLAND EFFECT. SO WE HAVE TO BE CAREFUL ABOUT WHEN SOMEONE'S COMING IN, AND THEY'RE SAYING, OK, WE'RE WANT TO PUT THE LANDSCAPE PLAN TOGETHER. THEN WE START HAVING DISCUSSIONS WITH THEM ABOUT THAT. OK, THANKS, PHIL. YES SIR. IS THAT WHERE YOU KNOW, UH, PUTTING IN A TEMPLATE OR OR REFERENCE LIKE A SOME PICTURES JUST LIKE OH, SOMETHING LIKE THAT. BUT WHERE IT'S NOT 40, YOU KNOW HAS TO BE TEXAS SAGE OR SOMETHING LIKE THAT, BUT JUST PROVIDED THE EXAMPLE THAT LOOK AT THIS FRONT YARD, YOU KNOW, AND I'M SURE WE HAVE SOME EXAMPLES HERE THROUGHOUT THE THROUGHOUT, KYLE. YOU KNOW THEY CAN BE USED USING THAT AS A SORT OF AS A GO BY THAT YOU KNOW IF YOU WANT TO MAY LOOK LIKE THIS.NOT NECESSARILY, YOU KNOW. COPY AND PASTE, BUT SOMETHING SIMILAR. THE ECHOING ON WHAT COMMISSIONER MATA SAID. I DO THINK IT WOULD BE GREAT TO HAVE SOME VISUAL GUIDES TO HELP PEOPLE WITH THIS CAUSE WHEN I PREPARED FOR THE MEETING, AND I GOOGLED XERISCAPE. I SAW A LOT OF ROCKS. I SAW A LOT OF THINGS THAT DID NOT LOOK LIKE WHAT WE ARE. TRYING TO GO FOR HERE. SO UM, I KNOW THAT THE DEFAULT APPROACH FOR A LOT OF PEOPLE NOWADAYS, MYSELF INCLUDED IS GOOGLE THINGS AND IF WE HAVE THE ABILITY TO PUT SOME KIND OF RESOURCE TOGETHER THAT EITHER
[00:55:04]
SHOWCASES THINGS ALREADY HERE IN THE COMMUNITY OR SHOWS GOOD EXAMPLES IN OTHER AREAS ABOUT WHAT IT IS. WE'RE TRYING TO DO TO GIVE PEOPLE INSPIRATION OR SOME VISUAL CUES TO GO OFF OF. I THINK THAT WOULD BE REALLY HELPFUL. AND IF THERE'S A WAY FOR THE CITY TO MAKE SURE THAT IT ENDS UP AT THE TOP OF THE LIST. IF PEOPLE GOOGLE THAT WITHIN OUR GEOGRAPHIC AREA, I THINK THAT WOULD BE EVEN MORE HELPFUL, BUT I DON'T KNOW HOW TO DO THAT. THAT'S ABOVE MY PAY GRADE. THE LAST BIT I WE THAT WE CAN'T CONTROL ON HOW GOOGLE ALGORITHMS WORK, BUT THERE'S AT LEAST FROM A COMMERCIALS PERSPECTIVE. THERE'S A COUPLE OF , UM EXAMPLES THAT COME TO MIND OFF HAND. UH, THE TX B STORE. IT'S ZERO ESCAPED. SO WHEN YOU SEE THAT, UM YOU DRIVE BY THAT'S THAT'S AN EXAMPLE OF IT. UM THE COSTCO. YOU ESCAPED. TRYING TO THINK WHAT ELSE? THOSE ARE THOSE ARE TWO EXAMPLES OF ZERO ESCAPING FOR CENTRAL TEXAS NATO PLANTS. UM AND. WE'D HAVE TO GO LOOKING FOR SINGLE FAMILY RESIDENTIAL VERSIONS OF THAT. UM . BUT WE'RE TRYING AT THE SAME TIME. WE'RE TRYING TO AVOID A TEMPLATE THAT SOMEONE HAS TO COMPLY WITH AT THE SAME TIME.WHICH WHEN IT COMES TO DESIGN. WE WANT TO GIVE PEOPLE THE LICENSE TO BE ARTISTIC IN THE DESIGN AND ALSO BE COMPLIANCE AT THE SAME TIME, SO IT'S REALLY IT IS DIFFICULT TO FROM A CODE PERSPECTIVE TO PUT THAT INTO A BOX. IF YOU WILL. AND ENFORCE A CERTAIN TYPE OF DESIGN OTHER THAN GENERAL, YOU HAVE TO ZERO ESCAPE, AND NO MORE THAN 25 PER CENT OF ROCK ON THE SITE. WE ALREADY KNOW THEY HAVE TO HAVE A MINIMUM OF FOR A SINGLE FAMILY, TWO TREES AND SIX SHRUBS ON SITE. UM, AND THEY HAVE TO HAVE GROUND COVER. IN THE ENTIRE SIDE. THAT'S NOT DRIVEWAY OR OR SIDEWALKS. SO. IF WE IF WE INCLUDE SOME VISUAL EXAMPLES OF EXISTING STUFF IN TOWN THAT ARE GOOD EXAMPLES OF WHAT WE'RE LOOKING FOR THAT MAKE THAT MIGHT GO ALONG. GO A FAIR DISTANCE FROM THAT PERSPECTIVE. THAT AND THEN HAVING A LIST OF, UH NOT EVERY. PLANT OR SHRUB OR TREE, BUT JUST SOMETHING AS EXAMPLE. CHOOSE FROM THE FOLLOWING AND I KNOW IT'S REFERENCE IN THE GUIDE , BUT JUST HAVING IT YOU KNOW, RIGHT THERE. IT'S LIKE, OH, OK GIVES YOU AN IDEA. OH, YEAH, YOU KNOW, MIGHT USE SOME SAGE OR WHATEVER. I MEAN, JUST SOMETHING LIKE THAT. UNDERSTOOD. MORE DISCUSSION ON THIS MOTION. WHAT WOULD IT TAKE TO DROP IN LANGUAGE ABOUT THERE BEING A PERSON TAKING POINT BEING A TREE PROTECTION SLASH LANDSCAPE LANDSCAPE SUPERVISOR WHAT WOULD IT TAKE TO DROP THAT IN THERE TO MAKE IT? HAVE AN IMPACT ON THE DOCUMENT AND BE USEFUL. ASSUMING ANYBODY WOULD BE INTERESTED IN THAT, BUT I THINK, JUST MAKING A STATEMENT AS PART OF YOUR RECOMMENDATION VOTE THAT PROBABLY IT'S STATING. IN LETTING US PUT THAT IN IN IN AN APPROPRIATE MANNER. JUST STATING GENERALLY, WE WANT TO AMEND THE SECTION WHERE IT TALKS ABOUT TREE SUPERVISORS TO INCLUDE OTHER LANDSCAPING AS WELL. AND WE CAN WE CAN ACCOUNT FOR THAT ACCORDINGLY AND KIND OF WORDSMITH THAT TO MAKE IT EFFECTIVE, MORE AND MORE EFFECTIVE. OK? IN THAT CASE, THEN WE HAVE A MOTION ON THE FLOOR. DO WE NOT? WE DO IF YOU WANT TO AMEND THAT MAKE AN AMENDMENT MOTION. YOU CAN. YES I WOULD LIKE TO OFFER AN AMENDMENT THAT WE USE THE LANGUAGE OF TREE PROTECTION SLASH LANDSCAPE SUPERVISOR FOR DEVELOPMENTS. UH, USED IN THIS DOCUMENT. LANDSCAPE WHAT WAS IT? IT'S IN THE DOCUMENT. THERE'S THE TREE PROTECTION SUPERVISOR. THIS WOULD BE LIKE THREE PROTECTION SLASH LANDSCAPE LANDSCAPE SUPERVISOR SO SOMEBODY'S TAKING POINT FOR THE RESPONSIBILITY FOR ITS IMPLEMENTATION. AND I'LL SECOND THAT. OK, WE HAVE AN AMENDMENT TO A LANGUAGE AROUND. PROTECTION PLUS LANDSCAPE SUPERVISOR UM FROM COMMISSIONER STEAGALL AND SECONDED BY COMMISSIONER SHIEL. ANY DISCUSSION ON THAT ONE. I DON'T THINK IT'S NECESSARY, I. I PROBABLY WON'T VOTE FOR THAT. I DON'T KNOW. WHEN I READ ABOUT THE TREE PROTECTION SUPERVISOR. THEY HAVE VERY CLEAR. JOBS AND VERY CLEAR ACCOUNTABILITY THAT THEY'RE SUPPOSED TO HAVE. THE PERSON MUST DEMONSTRATE
[01:00:02]
KNOWLEDGE IN THE AREA OF TREE PROTECTION PRACTICES DURING CONSTRUCTION AND BE ON SITE TO ENSURE THE MEASURES ARE ENFORCED. I DON'T KNOW WHAT THEY WOULD DO FOR JUST THE LANDSCAPE IN GENERAL, AS FAR AS I GUESS THEY COULD. MAKE SURE THAT THE WRONG STUFF ISN'T GETTING PLANTED. BUT THE CITY IS ALREADY GOING TO BE DOING THAT WHEN THEY'RE APPROVING THE LANDSCAPE PLAN, SO I DON'T KNOW WHAT THEY WOULD BE. MY CONCERN IS THAT DEVELOPERS HAVE THEIR OWN THOUGHTS. THEY MOVE AT THEIR OWN SPEEDS. BOTH ARE USUALLY DIFFERENT THAN OURS. AND IT WOULD BE GOOD TO HAVE SOMEBODY ACCOUNTABLE ON SITE. TO KNOW THESE STANDARDS. AND BE ABLE TO WORK WITH THEIR LANDSCAPE PLANNERS TO BE QUITE CLEAR ABOUT WHAT GOES IN BECAUSE IF YOU LOOK AT THE WAY DEVELOPMENTS GO IN, YOU KNOW, WE HAVE TO BEFORE OCCUPANCY IS APPROVED, RIGHT? THEY HAVE TO HAVE EVERYTHING DOWN, BUT I'VE SEEN THAT GOES BADLY BECAUSE THEY PUT DOWN THE NECESSARY SOD AND PLANTS TO GET THE OCCUPANCY PERMIT, BUT IT IS LESS THAN SLIPSHOD. UH AND AS A RESULT, I'VE SEEN RUINED YARDS DUE TO FLOODING. UM PLANTS DIE REALLY, RATHER QUICKLY, AND I THINK THEY JUST NEED TO BE HELD ACCOUNTABLE SOME PARTICULAR PARTY FOR THE DEVELOPERS IN PARTICULAR THAT, UM, CAN BE RESPONSIBLE TO US AND, UH IF IT IF THE TREES CERTAINLY ARE ENOUGH TO PROTECT IF WE'RE GOING TO IMPLEMENT ANYTHING IS AS BROAD AS THIS AND I THINK VERY IMPORTANT IS THAT WE HAVE TO HOLD THE DEVELOPERS RESPONSIBLE. UM, IT'S THAT SIMPLE. FOR ME.IT'S NOT A PERFECT WORLD, BUT I THINK IF YOU HAVE ONE PHONE NUMBER THAT STAFF CAN CALL AND SAY WE SAW A PROBLEM WHERE IT'S BEEN REPORTED TO, THERE'S A PROBLEM OVER EXCITE AND YOUR DEVELOPMENT, THEN THAT'S THAT'S AN EASY PHONE CALL RATHER THAN LETTING IT ALL GO. UM AND, UH, THAT'S THAT'S MY VIEW ON IT AGAIN. THIS IS MORE ABOUT SHAPING BEHAVIOR THAN BEING PRESCRIPTIVE. IT'S MORE ABOUT NOT LETTING THERE BE ANY REAL LOOSE ENDS HERE. SOMEBODY'S GOT TO BE ACCOUNTABLE. THIS CAN BE REALLY AMORPHOUS. AND WE LIKE, WHAT ARE WE LOOKING AT? WHAT ARE WE GET? YOU KNOW THERE'S A LOT OF PLANTS AND THIS AND THAT, YES, AND THEY SHOULD BE FAMILIAR WITH THEM. AND KNOW HOW THEY'RE USED AND WORK WITH THEIR LANDSCAPE PLANNER TO IMPLEMENT THE PLANS THAT MEET OUR STANDARDS, AND I THINK SOMEBODY SHOULD TAKE POINT ON THAT. UM BUT HOW DO YOU HOW DO YOU MAKE SURE THAT YOU HAVE SOMEONE WHO'S CAPABLE OF DOING. THEY'RE WORKING WITH THEIR OWN LANDSCAPE ARCHITECTS. THEY THEY HAVE THEIR OWN THEIR OWN LANDSCAPE PLANNERS . IT'S THE QUESTION IS, IS SOMEBODY ON SITE THAT'S OVERSEEING ITS PROPER IMPLEMENTATION, AND THERE'S ACCOUNTABLE TO US. I'LL I'LL GIVE AN EXAMPLE OF THIS FROM MY EXPERIENCE. SO UH KB WHO BUILT THE HOUSE? YES THEY HAD, YOU KNOW, THEY TOLD THEIR LANDSCAPERS. THEY NEEDED THIS. THIS THIS AND THIS AND EACH OF THE YARDS. UM, BUT THEY CONTRACTED OUT. TO AN ACTUAL PERSON TO PUT IN THE SOD AND PUT IN THE TREES. AND MATTER OF FACT , KB TOLD ME. OH TRACY, YOU CAN CALL HIM AND TELL HIM EXACTLY WHAT YOU WANT TO HAVE PUT IN.
AND SO I CALLED THEM SAID I WANT RED OAKS. I WANT THIS TYPE OF BUSH AND I WANT THESE TYPE OF PLANTS AND THEY BOUGHT OH, NO. WE CAN PUT IN WHATEVER WE WANT, AND WE'RE LIKE I WAS LIKE, NO, THIS IS WHAT I WAS TOLD BY KB. AND THIS IS WHAT I WANT IN MY YARD. AND SO THEY GAVE ME A LITTLE BIT OF HEE HAW, BUT THEY DID. IT BUT IT WAS THEY WERE GOING TO PUT IN WHATEVER THEY WANTED TO THAT DAY. AND YOU KNOW, KBS ALREADY HAD EVERYTHING SIGNED OFF PRETTY MUCH BECAUSE THEY DIDN'T PLANT THOSE UNTIL I HAD ALREADY BOUGHT THE HOUSE. SO UM, I BOUGHT IT. UH, I CLOSED ON FRIDAY. THEY DIDN'T PUT IN THE SIDE AND EVERYTHING UNTIL TUESDAY. IT'S OK BE IT ALREADY WASHED ITS HANDS. IT WAS CLOSED. IT WAS DONE. AND SO THESE, THE LANDSCAPE YOU KNOW, COULD HAVE PUT IN WHATEVER THEY WANTED. BECAUSE IT WAS CHEAPER FOR THEM AT THE TIME. AND THERE'S WHERE I THINK THE DEVELOPER NEEDS TO BE HELD ACCOUNTABLE FOR WHAT THEIR SUBS DO. AND IN THE END, THEY'RE THE ONES WHO HIRED HIM, AND THAT'S THAT'S REALLY KIND OF PROBLEM THAT I HAVE SEEN BEFORE AND WHAT I WOULD LIKE TO ADDRESS BY HOLDING THEM MORE ACCOUNTABLE WITH PERHAPS A POSITION LIKE THIS. I HEAR WHAT BOTH OF YOU ARE SAYING, AND I'M SORRY ABOUT THAT SITUATION WITH YOUR HOUSE.
UM I JUST I DON'T SEE THIS AS A JOB FOR THE CITY. YOU KNOW, IF YOU HAVE A PRIVATE CONTRACTOR WHO'S DOING WORK ON BEHALF OF YOU, IT'S NOT THE CITY'S JOB TO GO AND TELL THE CONTRACTOR OR THE SUBCONTRACTOR THAT YOU DID IT WRONG. YOU SHOULD BE RESPONSIBLE FOR YOUR OWN BUSINESS AND FOR YOUR OWN. PEOPLE THAT YOU HIRE. UM SO I. I DON'T KNOW. I JUST HAVE A HARD TIME CODIFYING THAT INTO A CITY ORDINANCE THAT EVERY SINGLE LANDSCAPE ACTIVITY THAT HAPPENS IN THE CITY THROUGH THIS CODE HAS TO HAVE ONE OF THOSE PEOPLE THERE. IT WOULDN'T BE EVERY EVERYBODY AND WHAT I'M TALKING ABOUT THE TIME AND AGAIN IS DEVELOPERS IN PARTICULAR WHERE YOU CAN HAVE YOUR GREATEST LEVERAGE AND YOUR GREATEST IMPACT OVERALL. UM THAT WOULD BE AND THE EXAMPLE EXAMPLE UH, COMMISSIONER SHIEL GAVE IS A IS A GREAT ONE. AND THE KIND OF
[01:05:02]
THING I'VE SEEN AGAIN AND AGAIN. UM AND I. I THINK THAT IS ONE MEANS TO HOLD THEM ACCOUNTABLE.THERE'S A PERSON ONE PERSON TO COMMUNICATE WITH. IN THAT DEVELOPMENT. IT'S GOT 1000 HOMES GOING IN, AND, UM THEY'RE RESPONSIBLE AND THEY'RE RESPONSIBLE UNTIL THEY LITERALLY LEGALLY CAN WALK AWAY FROM A PROPERTY. AND SAY IT'S DONE IN SOMEBODY ELSE'S HANDS. UM SO I'M NOT SUGGESTING THAT THIS IS SOMEBODY HAS TO GO OUT AND HIRE A SUPERVISOR IF THEY'RE REDOING THEIR YARD. UM IN THAT PARTICULAR CASE, BUT, UH, I THINK WE JUST THE WORLD IS A COMPLICATED PLACE AND YOU WOULD THINK YARDS FOR SPENDING A LOT OF TIME TALKING ABOUT YARDS IF THERE'S A REASON. UM AND PEOPLE LIKE TO GO HOME AND MAYBE MOW THEIR YARD AND FEEL STRAINED DOING THAT THEY DON'T WANT TO MAKE A LOT OF CHOICES ABOUT THEIR ENVIRONMENT IN TERMS OF WHO THEY PICK TO DO EVERYTHING PEOPLE MOVE IN. AND I KNOW OF A CASE WHERE SOMEBODY MOVED IN, AND WAS SHOCKED THAT THEY WERE GONNA THAT BIG LOT BEHIND THEM. WOODED LOT BECAME A, UH UH, CONVENIENCE STORE AND GAS STATION. NOW, IF YOU'D SURVEYED THAT AREA, YOU KNEW IT WAS COMMERCIAL. AND IF YOU'RE BUYING A PROPERTY, YOU WERE GONNA HAVE SOMETHING LITERALLY IN YOUR BACKYARD. PEOPLE BUY THESE HOMES WITHOUT THINKING THE CONSEQUENCES THROUGH AND DO NOT FOLLOW THAT CHAIN OF SUPERVISION. THEY DON'T KNOW WHO TO HOLD ACCOUNTABLE. AND SO I THINK THAT IN ON BEHALF OF CITIZENS, ACTUALLY AND THEN THE LARGER PICTURE OF DEVELOPING ZEROS, SCP HERE WE HAVE TO GO FORWARD WITH THIS AS I SUGGESTED WITH WITH HAVING, UH UH, A SUPERVISOR WHO CAN BE RESPONSIBLE FOR BOTH THREE PROTECTION AND LANDSCAPING. SO THAT THAT, UH, MOTIONS ON THE FLOOR, SO I GUESS WE CAN JUST DO WITH IT AS WE WISH. YES. IS THERE ANY OTHER DISCUSSION ON THAT AMENDMENT? OK SO LET'S GO AHEAD AND TAKE A VOTE ON THAT AMENDMENT. IF YOU'RE IN FAVOR OF AMENDING THE LANGUAGE TO HAVE BOTH A TREE PROTECTION AND LANDSCAPE SUPERVISOR, PLEASE SAY I IF YOU'RE OPPOSED, SAY NAY. NAY. OK MOTION. PASSES. THANK YOU. SICK OR REPORTED TO THANK YOU. OK SO OUR MOTION IS NOW TO RECOMMEND APPROVAL OF 4.3 TO THE CITY COUNCIL WITH THE AMENDMENT. UH, ANY DISCUSSION ON THAT MOTION? OK, ALL THOSE IN FAVOR.
PLEASE SAY ALL RIGHT. I ALL OPPOSED IN A OK, THAT MOTION CARRIES WHICH BRINGS US THANK YOU. MR ATKINSON. THANK YOU. THAT BRINGS US TO ITEM NUMBER FIVE ADJOURNMENT. YOU HAD TO POINT THAT AT ME, DIDN'T YOU? YEAH, YEAH, YEAH, YEAH. YEAH. AND I COVERED IT. AS WE'VE COMPLETED ALL THE ITEMS ON THE MEETING'S AGENDA, THERE'S NO FURTHER BUSINESS THAT CAN BE DISCUSSED. SO WE ARE ADJOURNED
* This transcript was compiled from uncorrected Closed Captioning.