* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. COMMITTEE MEETING. [00:00:01] I'M COUNCIL MEMBER [Joint Quality of Life and Regulatory & Neighborhood Affairs Committee] ROBERT GALLEGOS AS CHAIR OF THE QUALITY OF LIFE COMMITTEE. I WILL BE SERVING AS PRESIDING OFFICER AND WOULD LIKE TO CALL THIS MEETING TO ORDER IN ACCORDANCE WITH THE PROVISIONS OF SECTION 5 5 1 0.127 OF THE TEXAS GOVERNMENT CODE APPLICABLE TO A GOVERNMENTAL BODY THAT EXTENDS INTO THREE OR MORE COUNTIES. ALL OTHER COMMITTEE MEMBERS HAVE THE OPTION TO PARTICIPATE IN PERSON OR VIRTUALLY VIA MICROSOFT TEAMS. I WOULD LIKE TO WELCOME ALL COUNCIL MEMBERS IN ATTENDANCE. WE HAVE COUNCIL MEMBER ABBY CAYMAN. WE HAVE COUNCIL MEMBER CAROLYN EVANS SHABA. WE HAVE COUNCIL MEMBER MAYOR PRO TEM, UH, NO, EXCUSE ME. WE HAVE, UH, COUNCIL MEMBER CO-CHAIR SALLY ALCORN. I ALSO WANNA WELCOME THE COUNCIL MEMBER STAFF WHO ARE, ARE JOINING US VIRTUALLY. WE HAVE STAFF FROM MAYOR PRO TEM DAVE MARTIN'S OFFICE. WE HAVE STAFF FROM COUNCIL MEMBER CARLOS ROS OFFICE. WE HAVE STAFF FROM COUNCIL MEMBER DAVID ROBINSON'S OFFICE. ACTUALLY, DAVID ROBINSON IS NOW PRESENT. OH, EXCUSE ME. WE ACTUALLY HAVE COUNCIL MEMBER DAVID ROBINSON HERE IN THE CHAMBERS. THANK YOU FOR JOINING US. PECK COUNCIL MEMBER, AMY. AND WE HAVE COUNCIL MEMBER AMY PECK AS WELL HERE AND STAFF FROM NOTIA OFFICE AND STAFF FROM COUNCIL MEMBER CAROLYN EVANS SHABAZZ'S OFFICE. SO FOR THE MEMBERS WHO ARE ARE PARTICIPATING VIRTUALLY, PLEASE BE SURE TO HAVE YOUR CAMERA ON WHEN YOU'RE SPEAKING. AS OF YESTERDAY'S 5:00 PM DEADLINE, THREE MEMBERS OF THE PUBLIC SIGNED UP TO SPEAK DURING THE PUBLIC COMMENT PORTION OF THE MEETING. IF THERE ARE ANY MEMBERS OF THE PUBLIC WHO ARE HERE IN PERSON AND WOULD LIKE TO PARTICIPATE IN PUBLIC COMMENT, THERE IS A SIGN IN SHEET AT THE FRONT TABLE WITH KATIE. NOW, BEFORE WE CONTINUE, WE WOULD LIKE TO MAKE, UH, I'D LIKE TO ASK, UH, CHAIR ALCORN IF SHE HAS ANY OPENING COMMENTS. THANK YOU, CHAIR. I JUST WANTED TO SAY I'M GLAD WE'RE DOING ANOTHER JOINT MEETING, AND THIS IS AN IMPORTANT TOPIC. THE MSDS ARE ALWAYS IMPORTANT, BUT BUFFERING. I WANNA THANK THE PLANNING STAFF. THIS IS SOMETHING THAT WAS ABOUT WHEN WE DID THE WALKABLE PLACES AND TRANSIT ORIENTED DEVELOPMENT THAT THE PLANNING DEPARTMENT PROMISED THEY'D COME BACK WITH SOME CHANGES TO STRENGTHEN THE BUFFERING BUFFERING ORDINANCE. SO, HERE WE ARE. SO I JUST WANNA SAY THANK YOU TO PLANNING FOR, FOR HONORING THAT AND, UM, LOOK FORWARD TO THE DISCUSSION. THANK YOU, COUNCIL MEMBER. NOW, BEFORE BEGINNING, I'D LIKE TO WISH EVERYONE A, UH, MERRY CHRISTMAS FEL. TODAY'S AGENDA INCLUDES PROPOSED RESIDENTIAL BUFFERING ORDINANCE AMENDMENTS TO BE PRESENTED BY DIRECTOR WALLACE BROWN AND PRE PRINCIPLE PLANNER BONDI WITH THE PLANNING AND DEVELOPMENT DEPARTMENT, MUNICIPAL SETTING DESIGNATION IN COUNCIL DISTRICT C TO BE PRESENTED BY MARK WOOTEN, MSD PROGRAM MANAGER AT HOUSTON PUBLIC WORKS. COUNCIL MEMBER, COUNCIL MEMBER . OKAY, I PROMISED I WAS GONNA FOLLOW ALONG THIS TIME AND THEN I STARTED DOING, OKAY. HOLD ON. THE MEETING RULES. OKAY. MEETING RULES COUNCIL MEMBERS AND STAFF, PLEASE HOLD YOUR QUESTIONS UNTIL THE END OF EACH AGENDA ITEM. IF YOU ARE VIRTUAL, PLEASE REMEMBER TO UNMUTE YOUR MICROPHONE BY PRESSING STAR SIX BEFORE YOU BEGIN SPEAKING. CHAIR GALLEGOS WILL LET YOU KNOW WHEN YOUR THREE MINUTES FOR QUESTIONS HAS ENDED. THANK YOU. WE'VE ALSO BEEN JOINED, UH, VIRTUALLY BY VICE MAYOR PRO TEM CASTEX TATUM. I NOW LIKE TO WELCOME DIRECTOR WALLACE BROWN AND PRINCIPAL PLANNER BONDI FROM THE PLANNING DEPARTMENT. WHEN YOU'RE READY, PLEASE BEGIN. WELCOME. GOOD MORNING COUNCIL MEMBERS. UH, IT'S OUR PLEASURE TO BE HERE THIS MORNING TO TALK WITH YOU ABOUT THE PROPOSED CHANGES TO OUR BUFFERING, UM, OPERATIONS FOR, UH, RESIDENTIAL PROPERTIES. AS, UM, THE COUNCIL MEMBER MENTIONED A FEW MOMENTS AGO, THIS IS THE DIRECT RESULT OF SOME NEIGHBORHOOD INPUT THAT WE RECEIVED DURING OUR WALKABLE PLACES PROGRAM. IF YOU RECALL, WALKABLE PLACES WAS AN EFFORT TO DEVELOP, UM, TRANSIT ORIENTED DEVELOPMENT RULES AND WALKABLE PLACES, RULES THAT WOULD ENCOURAGE PEDESTRIAN ACCESS AND PEDESTRIAN SAFETY. DIRECTOR. I'M SORRY, CAN YOU, CAN YOU, UH, PAUSE FOR A MINUTE? WE'RE, WE'RE WORKING ON THE AUDIO. THANK YOU. [00:05:13] THERE'S NO OBJECTIONS. WE'RE GONNA TAKE A FIVE MINUTE BREAK IN ORDER TO WORK ON THE AUDIO. THANK YOU. PROCEED. BUT BEFORE WE START, LET ME, UH, WELCOME COUNCIL MEMBER MARY ANNE HUFFMAN. THANK YOU FOR JOINING US. OKAY. GO AHEAD AND DIRECTOR. GOOD MORNING EVERYBODY. THANK YOU. UH, IT'S OUR PLEASURE TO BE HERE THIS MORNING TO PRESENT THE PROPOSED CHANGES TO, UH, THE CITY OF HOUSTON'S BUFFERING ORDINANCES. UM, AS YOU RECALL, WE, UM, AS THE COUNCIL MEMBER MENTIONED A FEW MOMENTS AGO WHEN WE WERE COMPLETING OUR WALKABLE PLACES EFFORT, WHICH, UM, CREATED MORE TRANSIT ORIENTED DEVELOPMENT AND MORE, UM, PEDESTRIAN SAFETY WAS DESIGNED STANDARDS FOR IN INCREASING AND IMPROVING PEDESTRIAN ACCESS IN HOUSTON. WE DID HEAR CLEARLY FROM NEIGHBORHOODS THAT AS HOUSTON DENSIFIES, AS WE BECOME, UM, AS WE LIVE CLOSER TO EACH OTHER AND LIVE AND WORK IN CLOSER PROXIMITY, THE NEIGHBORHOODS WERE CONCERNED THAT WE WERE NOT GOING, THAT THEY WERE NOT GOING TO BE PROTECTED FROM INAPPROPRIATE LIGHT AND, UM, OTHER ASPECTS OF, UM, POTENTIAL COMMERCIAL DEVELOPMENT. AND SO WE IMMEDIATELY, UH, THE FIRST THING WE DID IN LIVABLE PLACES WAS TO LOOK AT BUFFERING. AND IT'S BEEN TWO YEARS AND WE'RE FINALLY HERE BEFORE YOU TO PRESENT THIS, UM, ORDINANCE. SAVITA BANDI WILL GO THROUGH IT IN DETAIL, AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE AFTERWARDS. THANK YOU. GOOD MORNING, CHAIR AND COMMITTEE MEMBERS. I'M SAVITA BANDI, PRINCIPAL PLANNER IN THE PLANNING DEPARTMENT. TODAY, I'M HERE TO PRESENT THE PROPOSED RESIDENTIAL BUFFERING AMENDMENTS STAFF. WORKED ON THESE AMENDMENTS WITH LIVABLE PLACES ACTION COMMITTEE AND IMPROVED FROM THE COMMUNITY. DO WE HAVE A PRESENTATION? YEAH, THERE WE GO. THERE YOU GO. THANK YOU. JUST TO MAKE EVERYONE AWARE, LIVABLE PLACES ACTION COMMITTEE IS A COMMITTEE OF THE HOUSTON PLANNING COMMISSION TO CREATE OPPORTUNITIES WITHIN OUR DEVELOPMENT STANDARDS THAT ENCOURAGE HOUSING VARIETY AND AFFORDABILITY. THIS EFFORT IS THE IMPLEMENTATION OF COMMUNITIES PREFERENCES IDENTIFIED THROUGH ACTION STEPS IN SEVERAL PREVIOUS PLANNING EFFORTS SUCH AS PLAN HOUSTON, T, HOUSTON, AND OTHERS. [00:10:02] NEXT SLIDE, PLEASE. IN THE PROPOSED AMENDMENTS ARE ONE OF THE FIRST THINGS. THESE ARE IN THE PROPOSED AMENDMENTS. ONE OF THE FIRST THINGS THE COMMITTEE WORKED ON AFTER COMMUNITIES CONCERNS DURING THE WALKABLE PLACES PROJECT ARE THESE BUFFERING AMENDMENTS. THESE AMENDMENTS INCLUDE CHANGES TO CHAPTER 42, CONSTRUCTION CODE, ELECTRIC CODE, AND CHAPTER 39, WHICH IS THE SOLID WASTE ORDINANCE AS A PACKAGE. THE TOPIC INCLUDED IN THESE AMENDMENTS ARE RESIDENTIAL BUFFERING STANDARDS, GARAGE SCREENING STANDARDS, LIGHTING FIXTURE STANDARDS, AND BULK CONTAINER SCREENING STANDARDS. I'LL GO OVER THEM ONE BY ONE. THE FIRST ONE IS RESIDENTIAL BUFFERING STANDARDS, WHICH MEANS THE PHYSICAL SEPARATION DISTANCE BETWEEN TALL STRUCTURES AND HOMES IN THE CHANGES TO THESE NEXT SLIDE, PLEASE. SORRY. IN THE CHANGES TO THESE STANDARDS, HIGHRISE STRUCTURES THAT ARE TALLER THAN 75 FEET TO THE HIGHEST HABITABLE FLOOR MUST PROVIDE BUFFER OF 30 TO 40 FEET FROM SINGLE FAMILY RESIDENTIAL HOMES AND MULTI-UNIT RESIDENTIAL DEVELOPMENTS WHEN LOCATED ALONG LOCAL OR COLLECTOR STREETS. MULTI-UNIT RESIDENTIAL MEANS SMALL SCALE MULTI-FAMILY DEVELOPMENTS WITH EIGHT UNITS OR LESS ON A PROPERTY. AMENDMENTS ALSO INTRODUCE AN ADDITIONAL CATEGORY OF MIDRISE STRUCTURES. THAT MEANS STRUCTURES THAT ARE TALLER THAN 65 FEET, THAT MUST PROVIDE BUFFER OF 15 FEET FROM SINGLE FAMILY, RESIDENTIAL, AND MULTI-UNIT RESIDENTIAL DEVELOPMENTS WHEN LOCATED ALONG LOCAL STREETS. NEXT SLIDE PLEASE. HERE IS WHAT THE STANDARDS REQUIRE CURRENTLY AND CURRENT STANDARDS REQUIRE BUFFER ONLY FROM SINGLE FAMILY RESIDENTIAL HOMES ON LARGES 3,500 SQUARE FEET OR GREATER WHEN LOCATED ALONG LOCAL OR COLLECTOR STREETS. NEXT SLIDE PLEASE. HERE IS AN ILLUSTRATION IDENTIFYING THE TWO CATEGORIES, IDENTIFYING THE BUFFERING DISTANCES AND THAT TALL STRUCTURES MUST BUFFER FROM ALL SINGLE FAMILY, RESIDENTIAL, AND MULTI-UNIT RESIDENTIAL DEVELOPMENTS. NEXT, WE ARE GOING TO TALK ABOUT GARAGE SCREENING STANDARDS. NEXT SLIDE, PLEASE. WITH THESE AMENDMENTS, WE ARE ADDRESSING TWO DIFFERENT ISSUES, LIGHT FROM THE CAR HEADLIGHTS AND LIGHT FROM THE CEILING FIXTURES TO HELP BLOCK LIGHT FROM CAR HEADLIGHTS. ALL PARKING GARAGE FACES ABORTING OR ACROSS THE STREET FROM RESIDENTIAL DEVELOPMENT MUST PROVIDE AN EXTERIOR COVER OF 50 INCHES FOR ALL FLOORS WHERE PARKING OCCURS TO HELP BLOCK LIGHT FROM THE GARAGE CEILING FIXTURES, PROPOSE AMENDMENTS, INTRODUCED ADDITIONAL REQUIREMENTS FOR PARKING GARAGE STRUCTURES, ABORTING A PUBLIC STREET OR RESIDENTIAL DEVELOPMENT, NOT TO CREATE LIGHT TRESPASS IN EXCESS OF 0.2 FOOT CANDLES MEASURED AT THE PROPERTY LINE. TO MEET THIS REQUIREMENT, THERE ARE TWO OPTIONS. ONE IS TO FOCUS INTERIOR GARAGE CEILING FIXTURES APPROPRIATELY AND PROVIDE A PHOTOMETRIC PLAN, OR TO PROVIDE FULL SCREENING FOR THE GARAGE FACES THAT ABOVE PUBLIC STREET OR ANY RESIDENTIAL DEVELOPMENT. NEXT SLIDE PLEASE. THIS IS A VISUAL TO SHOW WHAT FULL SCREENING LOOKS LIKE AND WHAT THE EXTERIOR COVER OF 42 INCHES LOOKS LIKE. NEXT SLIDE PLEASE. HERE IS AN IMAGE ILLUSTRATING THE CURRENT GARAGE SCREENING REQUIREMENTS AND THE PROPOSED STANDARDS. AS YOU CAN SEE IN THE PROPOSED STANDARDS, EACH FLOOR OF THE GARAGE STRUCTURE ABORTING A RESIDENTIAL PROPERTY OR PUBLIC STREET MUST PROVIDE AN EXTERIOR COVER OF 50 INCHES INSTEAD OF WHAT USED TO BE 42 INCHES. ALSO, THE EXTERIOR BUFFER WAS ONLY NEEDED, SORRY. ALSO, THE EXTERIOR BUFFER IS ONLY NEEDED WHEN THERE IS SINGLE FAMILY RESIDENTIAL DEVELOPMENT WITHIN 30 FEET OF THE GARAGE STRUCTURE IN THE PROPOSED AMENDMENTS GARAGE. SCREENING IS REQUIRED ON ALL GARAGE FACES THAT ABOUT RESIDENTIAL DEVELOPMENT, OR THEY ARE ACROSS THE STREET FROM A RESIDENTIAL DEVELOPMENT. THE EXTERIOR COVER DOES NOT HAVE TO BE A MASONRY WALL. IT CAN BE ANY MATERIAL OR SCREEN MESH MATERIAL THAT CAN BLOCK HEADLIGHTS FROM SHINING ONTO THE ABORTING RESIDENTIAL PROPERTIES. NEXT SLIDE, PLEASE. TO ADDRESS LIGHT FROM THE CEILING FIXTURES, YOU CAN, HERE [00:15:01] ARE IMAGES TO SHOW SOME SCREENING MESH MATERIALS AND TWO EXAMPLES OF HOW THEY COULD BE USED. THE UFH GARAGE HAS THE 42 INCH EXTERIOR COVER AND ALSO A FULL SCREEN MESH TO BLOCK LIGHT. THE GARAGE BELOW HAS A FULL SCREEN THAT IS NOT FLUSH AGAINST THE GARAGE WALLS IN ORDER TO MEET THE OPENNESS REQUIREMENT AND DISPLACE AN ARTISTIC ELEVATION. NEXT SLIDE PLEASE. NOW WE ARE GOING TO TALK ABOUT THE LIGHTING FIXTURE STANDARDS. THESE AMENDMENTS, WE ARE TALK IN THESE AMENDMENTS. WE ARE TALKING ABOUT THE EXTERIOR LIGHTS ON COMMERCIAL DEVELOPMENTS OR THE POLE LIGHTS THAT YOU SEE IN PARKING LOTS, ALL OUTDOOR FIXTURES, WALL MOUNTED OR POLE MOUNTED ON COMMERCIAL DEVELOPMENTS. WHEN ABORTING RESIDENTIAL DEVELOPMENTS OR PUBLIC STREETS MUST NOT CREATE LIGHT TRESPASS OF MORE THAN 0.2 FOOT CANDLES AT THE PROPERTY LINE. THEY COULD USE FULL CUTOFF FIXTURES OR HOUSE SIDE SHIELDS TO MEET THIS CRITERIA. ALL THE OUTDOOR FIXTURES MUST BE FULLY ENCLOSED IN THE FIXTURE HOUSING, AND THEY MUST HAVE A COLOR CORRELATED COLOR TEMPERATURE OF 3,500 KELVIN AND A MINIMUM COLOR RENDERING INDEX OF 80, SORRY, 70 LIGHTING FIXTURE STANDARDS. NEXT SLIDE PLEASE. HERE IS AN ILLUSTRATION OF THE CURRENT STANDARDS VERSUS THE PROPOSED CHANGE IN THE CURRENT STANDARDS. FULL CUTOFF FIXTURES ARE ONLY REQUIRED WHEN EING WALLS OR POLE LIGHTS ARE LOCATED WITHIN 30 FEET OF SINGLE FAMILY RESIDENTIAL DEVELOPMENTS. AS YOU CAN SEE IN THE PROPOSED STANDARDS, ALL WALL AND POLE MOUNTED OUTDOOR FIXTURES AND COMMERCIAL DEVELOPMENTS MUST BE DESIGNED TO PREVENT LIGHT TRESPASS BEYOND THE PROPERTY LINE THAT EXCEEDS 0.2 FOOT CANDLES MEASURED AT GRADE ON THE PROPERTY LINE. AN PHOTOMETRIC PLAN MUST BE SUBMITTED. NEXT SLIDE PLEASE. HERE ARE IMAGES TO SHOW THE DIFFERENCE AND NOTICE THAT IN THE PROPOSED STANDARDS, THE IMA UH, PROPOSED STANDARD IMAGES, THE LIGHTS ARE FOCUSED DOWNWARDS. THAT'S THE KIND OF LIGHTING WE ANTICIPATE SEEING WITH THE PROPOSED CHANGES. NEXT SLIDE PLEASE. HERE IS AN IMAGE TO SHOW WHAT A 3,500 KELVIN FIXTURE LOOKS LIKE. THESE ARE WARM LIGHTS WITH LESS BLUE LIGHT THAT ARE SOOTHING TO THE EYES, YET PROVIDE ENOUGH WHITE LIGHT TO BE ABLE TO SEE CLEARLY WITHOUT GLARE. NEXT SLIDE PLEASE. HERE ARE IMAGES TO SHOW THE SHOW THAT SOME DEVELOPMENTS WITH LESS THAN 3,500 KELVIN UM, FIXTURES. NEXT SLIDE PLEASE. HERE ARE SOME IMAGES TO SHOW THE DIFFERENCE BETWEEN BRIGHT LIGHTS WITH HIGHER KELVIN VALUE PRODUCING GLARE AND LIGHTS WITH LESS KELVIN FIXTURES RIGHT NEXT TO THEM. OKAY. NEXT WE ARE GOING TO TALK ABOUT THE LAST TOPIC, WHICH IS BULK CONTAINER SCREENING STANDARDS. WITH THESE AMENDMENTS, SCREENING IS REQUIRED FOR ALL THE BULK CONTAINERS, ABORTING RESIDENTIAL DEVELOPMENTS AND ALL PUBLIC STREETS. IN THE IMAGES, YOU CAN SEE THAT THE CURRENT ORDINANCE DOES NOT REQUIRE SCREENING IF THE BULK CONTAINER IS LOCATED ALONG THE SIDE STREET AND THE PROPOSED CHANGE ADDRESSES THAT. NEXT SLIDE, PLEASE. ALL OF THESE INFORMATION THAT I PRESENTED AND THE DRAFT REPORT, PROPOSED ORDINANCE IS AVAILABLE ON THE LET'S TALK HOUSTON WEBSITE FOR PUBLIC VIEW. NEXT SLIDE PLEASE. HERE IS A SNAPSHOT OF THE TIMELINE ON THESE AMENDMENTS. LIVABLE PLACES ACTION COMMITTEE ESTABLISHED CONSENSUS IN APRIL OF 2021. PLANNING COMMISSION PRESENT PRESENTATION WAS DONE ON SEPTEMBER 29TH, 2022, AND PLANNING COMMISSION VOTED UNANIMOUSLY ON DECEMBER 1ST, 2022, AND FORWARDED THESE AMENDMENTS TO THE CITY COUNCIL. AND WE ARE HERE TODAY TO PRESENT TO YOU AND WE ANTICIPATE GOING TO CITY COUNCIL IN THE BEGINNING OF NEXT YEAR. WITH THAT, I'M READY FOR QUESTIONS AND THANK YOU SO MUCH FOR THE OPPORTUNITY TO PRESENT. THANK YOU FOR THE, UH, PRESENTATION. THANK YOU. UM, ALSO, I'D LIKE TO, UH, RECOGNIZE THAT WE HAVE COUNCIL MEMBER ABBY CAYMAN VIRTUALLY THANK YOU FOR JOINING US. UH, WE'LL NOW TAKE QUESTIONS FROM THE COUNCIL MEMBERS WHO WILL HAVE THREE MINUTES PER THE NORMAL COMMITTEE RULES, UH, LOOKING AT THE, UH, QUEUE HERE WE HAVE COUNCIL MEMBER ROBINSON. THANK YOU. THANK YOU CHAIRMAN. [00:20:01] AND, UH, THANK YOU LADIES FOR THE PRESENTATION. IT'S, UH, HELPFUL AND I THINK IT IS, UM, GREAT TO UPDATE THIS BUFFERING ORDINANCE. I LOOK FORWARD TO COMING TO COUNCIL. SO, UM, JUST A COUPLE OF THINGS REGARDING, UH, THE ORDINANCE ITSELF AND SORT OF A QUESTION ABOUT CURRENT DEVELOPMENTS THAT MIGHT BE UNDERWAY OR PERMITTED OR NEARLY PERMITTED IN THE CITY. CURIOUS IF YOU COULD TALK ABOUT HOW THIS ORDINANCE AND THE TIMING OF COMING TO COUNCIL MIGHT, UH, BEAR ON, UH, HOW, HOW, UH, A NEW PROJECT WOULD BECOME SUBJECT TO THIS ORDINANCE, OR IF IT'S ALREADY THROUGH, COULD IT SOMEHOW BE ENFORCED AND THEN MAYBE A WORD OR TWO FROM YOU DIRECTOR ABOUT ENFORCEMENT IN GENERAL, UH, WITH THE CURRENT INSPECTORS AND THOSE WHO WOULD BE OVERSEEING PROJECTS, UH, UH, COME, COME TO BE OCCUPIED. YES. SO, UM, WE EXPECT THAT WE WILL BRING THIS ORDINANCE TO YOU SOMETIME IN EARLY JANUARY. WE'D LIKE IT TO BE THE FIRST OR THE SECOND MEETING OF THE NEW YEAR. UM, NOTHING THAT, UM, AS, AS YOU KNOW, YOUR ORDINANCES ARE, UM, RARELY IF EVER RETROACTIVE AND THIS ONE WILL NOT BE. SO ANYTHING THAT HAS BEGUN THE PERMITTING PROCESS AND HAS BECOME, UM, HAS RECEIVED THEIR PERMITS OR HAS ENTERED THE PROCESS EITHER THROUGH THE PLANNING, UM, WORK THAT WE DO IN THE PLANNING DEPARTMENT OR THE PERMITTING WORK OVER AT THE HOUSTON PERMITTING CENTER WOULD BE GRANDFATHERED IN THE OLD RULES. UM, AND SO TYPICALLY OUR ORDINANCES TAKE PLACE 30 DAY ARE EFFECTIVE 30 DAYS AFTER COUNCIL APPROVES THEM. I WOULD EXPECT THAT THIS WOULD BE ABOUT THE SAME. SO IF WE'RE AT COUNCIL IN EARLY JANUARY, I WOULD EXPECT THAT THIS, THIS ORDINANCE WOULD NOT BE EFFECTIVE UNTIL PROBABLY EARLY TO MID-FEBRUARY. UM, NOTHING THAT'S HELPFUL. YEAH. YEAH. AND THEN MAYBE A WORD OR TWO ON INSPECTING AND ONCE IT IS IN PLACE, HOW YOUR TEAM WOULD ENFORCE THE REGULATIONS OR, UH, WHAT CITIZENS COULD DO IF THEY FEAR SOMETHING MIGHT NOT BE RIGHT. CORRECT. THANK YOU. SO ONE OF THE THINGS ABOUT THIS ORDINANCE, IF I MAY TAKE A MOMENT OF PERSONAL PRIVILEGE TO SAY THAT THIS HAS BEEN AN AMAZING COLLABORATIVE EFFORT WITH OUR PARTNERS AT PUBLIC WORKS AND AT SOLID WASTE. UM, IF YOU'LL NOTICE WHEN, UH, SAVITA MENTIONED THE DIFFERENT CODES AND CHAPTERS THAT THIS ORDINANCE TOUCHES, ONLY CHAPTER 42 IS REALLY THE DIRECT PURVIEW OF THE PLANNING AND DEVELOPMENT DEPARTMENT. THE CONSTRUCTION CODE AND THE CHAPTER RELATED TO THE SOLID WASTE AND THE DUMPSTER SCREENING ARE ALL, ARE ALL MANAGED BY OTHER DEPARTMENTS. AND SO THIS HAS BEEN A TWO YEAR COLLABORATIVE EFFORT WITH OUR TECHNICAL ADVISORY TEAM TO FIND THE RIGHT SOLUTIONS FOR HOUSTON. UM, THE CITY OF HOUSTON PLANNING DEPARTMENT WOULD, UM, ENFORCE THE CHAPTER 42 PIECES OF IT. TYPICALLY, WE WOULD SEE THAT IN THE PLANNING OR IN THE SITE PLAN REVIEW STAGES AT THE PERMITTING CENTER. BUT IN TERMS OF THE LIGHTING PIECE OF IT, THE ELECTRICAL CODE PIECE OF IT, THAT, THAT ALL FALLS TO PUBLIC WORKS DEPARTMENT. UM, AND TYPICALLY WE DO, UM, ENFORCEMENT AFTER THE FACT THROUGH, UM, COMPLAINTS ONLY. SO I WOULD, UH, RECOMMEND THAT ALL PROPERTY OWNERS, ALL RESIDENTIAL PROPERTY OWNERS THAT BELIEVE AFTER FEBRUARY, THAT SOMEONE IS NOT FOLLOWING THE RULES THAT THEY CONTACT THE, THE PUBLIC WORKS PERMITTING OFFICES FOR ENFORCEMENT CHAIR. IF I COULD JUST A FINAL COMMENT DIRECTOR. I THINK THAT ANSWERS MY QUESTION. UH, THE, SOME OF WHAT WAS PRESENTED, OF COURSE, THE KELVIN LIGHTING, THE WARM, THE COLD, THAT IS, YOU KNOW, SUBJECT. IT'S A VERY SUBTLE SCIENCE. UH, AND JUST THINKING AHEAD ABOUT HOW LIGHTING, UH, NOT TO MENTION, UM, THE INTRUSION IN FOLKS' LIVES IS A SUBTLE MATTER. SO THINKING ABOUT THE CHALLENGES OF DOING THAT PROPERLY, I I WANT TO GO INTO THIS EYES WIDE OPEN ABOUT HOW, HOW WE CAN REALLY HELP THE CITIZENS OF HOUSTON IF THEY HAVE AN ISSUE. YES, THANK YOU. AND I DO WANNA MENTION THERE ARE TWO ITEMS IN WHAT SAVITA HAS PRESENTED THAT ARE, UM, STILL UNDER REVIEW BY US. TWO VERY DETAILED PIECES OF THIS. AND ONE IS THE 50 INCH COVERAGE THAT SHE MENTIONED. UM, WE ARE LOOKING MORE CAREFULLY AT THAT THAN WE HAVE BEFORE. UM, ONE OF THE THINGS WE'VE HEARD FROM DEVELOPERS IS THAT IT IS POSSIBLE THAT THE 50 INCH COVER WOULD REQUIRE IN SOME INSTANCES MECHANICAL VENTILATION WHEN IT WOULD NOT BE REQUIRED UNDER THE 42. WE DON'T WANT TO CREATE ANY MORE NEED FOR MECHANICAL VENTILATION THAN WHAT WE CURRENTLY HAVE. WHAT WE'RE LOOKING FOR IS A BALANCE BETWEEN, UM, PASSIVE VENTILATION AND PROTECTING THE RESIDENTS. AND SO WHAT WE ARE STILL LOOKING AT IS, DOES IS 50, THE RIGHT NUMBER? IS 49 THE RIGHT NUMBER? MAYBE IT'S 48. I DON'T KNOW THE ANSWER TODAY, BUT WE ARE STILL WORKING WITH OUR PARTNERS IN PUBLIC WORKS AND OUR PARTNERS IN THE DEVELOPMENT COMMUNITY TO COME UP WITH THE RIGHT ANSWER. THE OTHER NUMBER THAT IS STILL UNDER REVIEW IS THE 3,500 KELVIN THAT YOU MENTIONED, COUNCIL MEMBER AND THE DEVELOPMENT COMMUNITY [00:25:01] WOULD PREFER 4,000. UM, WE BELIEVE 3,500 PROVIDES THE SAFE ENVIRONMENT THAT OUR HOUSTONIANS NEED. WE ARE WORKING THROUGH SOME OF THAT DETAIL WITH THE, WITH THE, UM, POLICE DEPARTMENT TO LOOK FOR CRIME PREVENTION INFORMATION. UM, AND THAT NUMBER MIGHT SHIFT A LITTLE BIT EITHER WAY BEFORE IT ACTUALLY GETS TO CITY COUNCIL. BUT THOSE ARE THE TWO, UM, QUESTION MARKS. WE STILL HAVE WORK, WE STILL ARE WORKING ON. THANK YOU DIRECTOR. WE'VE BEEN JOINED BY STAFF FROM COUNCIL MEMBER KNOX OFFICE. UH, NEXT IN THE QUEUE IS VICE CHAIR ABBY CAYMAN. THANK YOU CHAIR. UH, SEVERAL QUESTIONS, DIRECTOR. UM, AND MS. BANDY, THANK YOU FOR THE PRESENTATION. UM, CAN YOU SHARE QUICKLY, BECAUSE I THINK IT IT SHOULD BE EMPHASIZED THE EXTENT TO WHICH Y'ALL HAD COMMUNITY, UM, COMMUNITY AND STAKEHOLDER ENGAGEMENT THROUGHOUT THIS PROCESS. DO Y'ALL MIND JUST COVERING THAT REALLY BRIEFLY? UM, HAPPY TO, VERY HAPPY TO FIRST. SO FIRST OF ALL, THE LIVABLE PLACES ACTION COMMITTEE IS A GROUP OF ABOUT 30 PEOPLE APPOINTED, UM, BY A COMBINATION OF THE MAYOR AND THE PLANNING COMMISSION. THEY REPRESENT A, A WIDE VARIETY OF INTEREST IN THE HOUSTON AREA. IT INCLUDES, UH, NEIGHBORHOOD PEOPLE, FOLKS FROM MANAGEMENT DISTRICTS, FOLKS FROM THE DEVELOPMENT COMMUNITY, AFFORDABLE HOUSING DEVELOPERS, UM, ENGINEERS, UM, EVERY, YOU KNOW, SUPER NEIGHBORHOOD ALLIANCE REPRESENTATIVE. THERE'S REPRESENTATIVES FROM, UM, THE, THE FIFTH WARD ECONOMIC DEVELOPMENT COUNCIL. SO WE, WE THINK RIGHT FROM THE START, WE HAD A VERY GOOD DIVERSE GROUP OF PEOPLE TALKING WITH US ABOUT THE NEEDS, UM, FROM BOTH SIDES OF THE, OF THE COIN ON THIS, SO TO SPEAK. THEN BEYOND THAT, AS THEY DEVELOPED THEIR CONSENSUS, THEY TALKED ABOUT THIS PERHAPS IN THREE OR FOUR, UM, UH, DIFFERENT MEETINGS, UM, AS WE WENT THROUGH 2021. UM, WE HAVE ALSO TALKED WITH INDIVIDUAL NEIGHBORHOODS. WE'VE BEEN AT THE SUPER NEIGHBORHOOD ALLIANCE. WE HAVE BEEN AT SOME SUPER NEIGHBORHOODS. I CAN'T RECALL OFF THE TOP OF MY HEAD, SAVITA MIGHT BE ABLE TO ANSWER THAT SPECIFICALLY, BUT WE'VE DONE A GREAT DEAL OF ENGAGEMENT WITH, UM, THE NEIGHBORHOODS WHO ARE RIGHTFULLY CONCERNED ABOUT PROTECTING RESIDENTIAL, UM, DEVELOPMENT. AND WE'VE ALSO WORKED CLOSELY WITH OUR PARTNERS IN OTHER AGENCIES INSIDE THE CITY AND OUR, AND OUR CUSTOMERS, THE DEVELOPERS WHO ACTUALLY ARE THE ONES WHO ARE, YOU KNOW, BRINGING HOUSTON FORWARD WITH, UM, GREAT DEVELOPMENTS FOR HOUSTON NEIGHBORHOODS AND FOR HOUSTONIANS. AND SO THEY'VE BEEN A PARTNER WITH US ON THIS. WE DO HAVE LETTERS OF SUPPORT FROM THE HOUSTON ASSOCIATION OF REALTORS, I BELIEVE. NO, I'M SORRY. NO, I MISSPOKE. MUSEUM PARK NEIGHBORHOOD ASSOCIATION AND MIDTOWN SUPER NEIGHBORHOOD HAS PROVIDED SUPPORT LETTERS TO THESE AMENDMENTS. OKAY. I MISSED, I GOT MY ORDINANCES CONFUSED , UM, AND NO, NO PROBLEM DIRECTOR. AND IT, BECAUSE I HAVE LIMITED TIME. UM, ONE, AGAIN, THANK YOU FOR THE ENGAGEMENT. I'VE BEEN TOLD THAT WE'VE RECEIVED A LOT OF FEEDBACK FROM RESIDENTS JUST FOR CLARITY PURPOSES WITH THE IMPLEMENTATION OF THIS IN DISTRICT C. WE HAVE SEVERAL, UM, LET'S SAY HIGH AND MID-RISE, UH, BUILDINGS GOING UP THAT RESIDENTS ARE VERY CONCERNED ABOUT IF THEY ARE ALREADY IN THE PERMITTING PROCESS. DOES, DO THESE CHANGES APPLY? AND IF NOT, CAN YOU EXPLAIN FOR THE PUBLIC WHY NOT? THEY DO NOT. IF THERE IS A PROJECT ALREADY IN THE PERMITTING PROCESS, UM, THEY CANNOT BE HELD TO A, TO AN ORDINANCE CHANGE THAT DOESN'T EXIST. AND AS OF RIGHT NOW, THE CHANGES DON'T EXIST. THEIR PROPOSALS, UM, ONCE CITY COUNCIL APPROVES THEM, UM, TYPICALLY COUNCIL WILL GIVE US A 30 DAY, WHAT, WHAT WE'LL ASK FOR IS A 30 DAY IMPLEMENTATION PERIOD WHERE WE CAN TALK WITH DEVELOPERS AND, AND, UM, PROPERTY OWNERS AND MAKE SURE THAT EVERYBODY KNOWS WHAT THE RULES WILL BE. UM, AND SO ANYTHING AFTER THAT TIME. BUT I WILL TELL YOU VERY BRIEFLY, LET ME SAY THAT WE ARE ALREADY WORKING WITH DEVELOPERS ABOUT THESE PATROL PROPOSED RULES, TALKING WITH THEM ABOUT 'EM, AND WE'VE HAD SUCCESS WITH A NUMBER OF, UM, PROPERTY OWNERS WHO ARE SAYING THEY WILL FOLLOW THEM IN ADVANCE, UM, UH, WILLINGLY WITHOUT BEING TOLD TO. SO, UM, YEAH, THAT'S, THAT'S THE ANSWER. GOT IT. AND AGAIN, THANK YOU FOR INCLUDING MIDRISE IN THIS. I APPRECIATE IT. THANK YOU, CHAIR. THANK YOU. VICE CHAIR. UH, WE'VE BEEN JOINED BY, UH, VIRTUALLY BY COUNCIL MEMBER TARSHA JACKSON. THANK YOU FOR JOINING US. UH, NEXT IN THE QUEUE IS VICE CHAIR AMY PECK. THANK YOU CHAIR, AND THANK YOU FOR THE PRESENTATION. UM, JUST A COUPLE OF QUESTIONS FOR THE BUILDING STANDARDS. UM, DOES THE SINGLE FAMILY OR MULTIFAMILY STRUCTURE HAVE TO ACTUALLY BE THERE OR IS THIS JUST AREAS AROUND THAT ARE PLATTED TO BE [00:30:01] A SINGLE FAMILY AND MULTIFAMILY? IT IS FOR EXISTING DEVELOPMENTS AS WELL AS IF THEY'RE PLATTED FOR SINGLE FAMILY RESIDENTIAL USE OR MULTI-UNIT RESIDENTIAL USE, THEN THEY, UM, WILL QUALIFY TO GET BUFFERED FROM. OKAY. SO THE ACTUAL STRUCTURE DOESN'T NEED TO BE THERE, IT JUST NEEDS TO BE WHAT THE IT'S PLATTED TO IF IT'S PLATTED, YES. OKAY. PLATTED AND RECORDED. OKAY. UM, AND FOR THE GARAGE SCREENING AND LIGHT FIXTURE STANDARDS, UM, FOR EXISTING GARAGES, IF THEY ARE GOING THROUGH THE PERMITTING PROCESS TO DO SOME KIND OF CHANGES, ARE, IS THERE ANY THRESHOLD THAT THEY WOULD THEN HAVE TO FOLLOW ALL OF THIS OR WILL EXISTING, UM, STRUCTURES ALREADY BE GRANDFATHERED IN REGARDLESS OF MAKE THEM MAKING CHANGES TO IT? I THINK THEY'LL BE GRANDFATHERED IN BECAUSE, UM, A LOT OF THIS WILL ALSO COME WITH HOW MUCH THE STRUCTURE CAN HANDLE. UM, SO ANY NEW, UM, LIGHTING PER SE, IF NEW LIGHTING IS HAPPENING, IT IS POSSIBLE THAT WE CAN ASK THEM, BUT WE CAN'T REQUIRE THEM TO CHANGE LIGHT FIXTURES. AND FOR GARAGE SCREENING, THE SCREENING MATERIAL FOR IT TO SIT ON A BUILDING, IT NEEDS TO HAVE THE ABILITY TO CARRY THAT WEIGHT. SO I DON'T THINK WE CAN ASK FOR, UM, THE GRAD SCREENING TO HAPPEN ON EXISTING STRUCTURES. OKAY. SO IT'S JUST PRIMARILY FOR NEW, NEW STRUCTURES. OKAY. SO EVEN IF AN OLD ONE IS GOING THROUGH THE PERMITTING PROCESS TO MAKE CHANGES, WE'RE NOT GONNA REQUIRE, WILL NOT BE ABLE TO I DON'T THINK SO. OKAY. UM, AND HAS THERE BEEN ANY KIND OF COST CALCULATED FOR, UM, THE SCREENING AND THE LIGHT FIXTURES OF WHAT THE NEW STANDARDS MIGHT COST VERSUS THE OLD STANDARDS? WE HAVE NOT DONE THAT, NO. OKAY. THANK YOU. THANK YOU. THANK, THANK YOU. UH, NEXT IN THE QUEUE IS CO-CHAIR ALCO. THANK YOU CHAIR. AND THANK YOU AGAIN FOR ALL YOUR WORK ON THIS AND, AND GOOD TO HEAR THAT MUSEUM PARK IS, IS BEHIND IT. THAT WAS THE MAIN NEIGHBORHOOD THAT WAS REALLY PUSHING FORWARD DURING WALKABLE PLACES, SO APPRECIATE THAT. UM, AND THANK YOU DIRECTOR FOR YOUR COMMENTS ABOUT THE, UH, THE NUANCES WITH THE GARAGE SCREENING AND THE, AND THE LIKE KELVIN'S, APPRECIATE THAT YOU'RE STILL WORKING THROUGH THOSE ISSUES. UH, WE DID TALK A LITTLE BIT BEFORE ABOUT, AND WHAT WOULD BE INTERESTING TO ME IS KIND OF WHERE, WHERE LIGHTS ARE AND ON CARS, YOU KNOW, WHERE ARE MOST LIGHTS UP? 42 INCHES UP, RIGHT? LIGHTS, LIGHTS UP 40. ARE THE BIG TRUCKS WAY UP HIGH? I MEAN, IS THERE A SENSE OF HOW MANY, WHERE, WHERE MOST TA CAR LIGHTS ARE? WE ACTUALLY WALKED THROUGH SEVERAL GARAGES AND MEASURED THE LIGHTS IN SEVERAL GARAGES, AND THE, THE VAST MAJORITY OF THE LIGHTS FALL SOMEWHERE BETWEEN THE, THE 40 TO 44, 45, 45 5 INCH RANGE. UM, SO ONE, SO YOU KNOW, THE QUESTION DOES REMAIN IS 50, YOU KNOW, WILL 50 CATCH MORE OR WILL IT CATCH, YOU KNOW, IS 48 ENOUGH? AND I, AND THAT'S WHAT WE'RE EXPLORING. OKAY. BUT YES, MOST OF THE, MOST OF THE LIGHTS ARE BELOW 45 INCHES. AND, AND, AND REGARDING SOME OF THE QUESTIONS ABOUT THE PERMITTING PROCESS, WHAT, WHAT KIND, WHAT TRIGGERS IT? IS IT JUST A PERMIT APPLICATION? I MEAN, WHAT WOULD TRIGGER BEING IN THE PERMIT PROCESS? OH, THAT'S ACTUALLY A GOOD QUESTION THAT I'M NOT SURE I'M COMFORTABLE ANSWERING BECAUSE I THINK IT GOES INTO THE VESTING LAWS IN THE STATE OF TEXAS. AND I AM NOT A LAWYER, . OKAY. UM, BUT I WILL GET THE ANSWERS TO YOU. OKAY. THANK YOU. THANK YOU CO-CHAIR. UH, NEXT IN THE QUEUE IS COUNCIL MEMBER HUFFMAN. THANK YOU VERY MUCH. UM, I HAD A RESIDENT REACH OUT. UM, THEY HAVE A DEVELOPMENT, UM, THAT IS SUPPOSED TO BE GOING IN AT SOME POINT. AND THE QUESTION WAS, IF RIGHT NOW THE DEVELOPMENT HAS NOT BEGUN THE PERMITTING PROCESS AND COUNCIL VOTES ON IT DURING THAT 30 DAY WINDOW, WILL DEVELOPMENTS BE ALLOWED TO BEGIN THE PERMITTING PROCESS AFTER COUNCIL HAS VOTED, BUT BEFORE THE ORDINANCE GOES INTO EFFECT? TYPICALLY THE WAY ORDINANCES ARE WRITTEN, THE ANSWER IS YES. THANK YOU, DIRECTOR. JUST FOR CLARIFICATION, IN REGARDS TO THE, UM, THE SCREENING ON THE, THE GARAGES, UM, A AFTER THE 30 DAYS, THAT'S WHEN IT GOES INTO EFFECT ONCE WE VOTE AND THEN IT GOES INTO EFFECT. UM, AND, AND, AND THE WAY I'M READING IT HERE, IT'S, UH, IF IT'S A GARAGE THAT'S 30 OR 40 FEET FROM A RESIDENTIAL BUILDING, CORRECT? MY, MY MY QUESTION IS IF FOR SOME REASON, LET'S SAY YOU'RE IN DOWNTOWN HOUSTON AND YOU HAVE TWO BLOCKS AND ON, ON EACH SIDE OF THE BLOCK, IT'S A EMPTY BLOCK. SO YOU HAVE A DEVELOPER THAT COMES IN, BUILDS A GARAGE, SO THEREFORE THERE'S NO RESIDENTIAL AT [00:35:01] THAT TIME, SO THEREFORE THEY DON'T HAVE TO DO THE SCREENING. BUT THEN WITHIN THE YEAR, YOU HAVE ANOTHER DEVELOPER COMES IN AND BUILDS A RESIDENTIAL RIGHT ACROSS THE STREET. THERE'S NO RETROACTIVITY THAT I, THAT WE'VE WRITTEN INTO THIS AT THE PRESENT. SO IT IS EXACTLY WHAT'S ON THE GROUND OR WHAT HAS BEEN PLATTED AT THE TIME THE GARAGE IS BUILT. SO YEAH, BECAUSE I MEAN, OR OR ANOTHER SCENARIO, IF THE DEVELOPER BUILDS A GARAGE, THERE'S NO RESIDENTIAL, BUT THERE'S AN OLD BUILDING ACROSS THE STREET NOW THEY TAKE DOWN THE OLD BUILDING, THEY BUILD A RESIDENTIAL. YES, SIR. I, I UNDERSTAND THE, THE DILEMMA IN THAT. UM, AND I APPRECIATE THE CONCERN FROM PROPERTY OWNERS WHO MAY WANT TO REDEVELOP PROPERTY AND WITH A GARAGE ACROSS THE STREET AND, AND WANT THE PROTECTION FROM IT. UNFORTUNATELY, WE, WE CAN'T ANTICIPATE THAT. AND IT'S, AND UM, OUR POSITION HAS BEEN, UM, THAT, YOU KNOW, WE NEED CERTAINTY IN THE LAND DEVELOPMENT PROCESS AND TO, UM, HAVE TO GO BACK AND TELL A DEVELOPER WHO HAS ALREADY BUILT ALREADY, UM, ALREADY DESIGNED AND BUILT A GARAGE THAT YOU HAVE TO CHANGE IT BECAUSE ACROSS THE STREET SOMEONE HAS CHANGED THE, THE LAND USE ACROSS THE STREET FROM YOU. WE DON'T BELIEVE THAT WE HAVE THE ABILITY TO DO THAT. SO THERE'S NO WAY JUST TO, IN, IN THIS NEW ORDINANCE TO JUST SAY, AFTER THOSE 30 DAYS YOU BUILD A GARAGE, YOU'RE GONNA HAVE TO HAVE A SCREENING PERIOD. WELL, THAT'S NOT HOW THE ORDINANCE IS WRITTEN. I MEAN, COUNCIL CAN CHANGE IT, BUT THE MM-HMM . THE PROPOSAL RIGHT NOW IS THAT THE SCREENING IS ONLY REQUIRED ON THE SIDES THAT A BUT RESIDENTIAL, UM, THAT IS EITHER PLATTED OR ON THE GROUND. MM-HMM . OKAY. AND, AND MAY I TAKE, LET ME JUST ALSO SAY THAT THE BIG CHANGE IN THAT SCREENING IS WHILE THE, THE, THE 42 VERSUS 50 INCHES IS IMPORTANT. WHAT WE'RE CHA ONE OF THE BIG CHANGES THAT I DON'T THINK SAVITA REALLY HIGHLIGHTED ENOUGH IS THAT CURRENTLY THE PROTECTION IS ONLY FOR SINGLE FAMILY RESIDENCES OF 3,500 SQUARE FEET OR LARGER. AND, AND WE BELIEVED, AND THE COMMITTEE BELIEVED AS THEY WERE EMBRACE IN EMBARKING ON THIS, THAT THAT IS, THAT IT'S AN EQUITY ISSUE THAT WE, THAT THAT WAS A VERY NARROW, UM, SLICE OF HOUSTONIANS LIVING ENVIRONMENTS. AND THAT WHAT WE SHOULD BE DOING IS HELPING ALL HOUSTONIANS PROTECT THEIR, THEIR RESIDENTIAL PROPERTIES. AND SO WE'VE EXPANDED IT TO INCLUDE RESIDENTIAL PROPERTIES OF, UM, VIRTUALLY ANY KIND, NOT, NOT ALL, BUT ALMOST ALL. SO, OKAY. THERE'S NO ONE ELSE, UM, IN THE SCREEN. SO, UH, AGAIN, THANK YOU DIRECTOR. THANK YOU MS. BENDY FOR THE PRESENTATIONS. THANK YOU. WILL NOW MOVE ON TO PRESENTATION NUMBER TWO, A MUNICIPAL SETTING DESIGNATION FOR THE SITE LOCATED AT 1501 C MISS DRIVE, HERE IN HOUSTON. UH, ZIP CODE 7 7 0 0 8 IN DISTRICT COUNCIL, DISTRICT C UH, WELCOME HOUSTON PUBLIC WORKS MUNICIPAL SETTING DESIGNATION PROGRAM MANAGER, MARK WOOTEN. UH, PLEASE INTER INTRODUCE, UH, YOUR GUESTS, UH, AND YOU CAN GET, UH, START YOUR PRESENTATION. THANK YOU. COUNCIL MEMBER. UH, GOOD MORNING. MY NAME IS MARK WOOTEN AND I'M A PROGRAM MANAGER IN HOUSTON PUBLIC WORKS. I'M JOINED BY MR. WYNN COLBERT, SENIOR ASSISTANT ATTORNEY IN THE LEGAL DEPARTMENT. UH, NEXT SLIDE. EXCUSE ME. OUR PURPOSE IN HOUSTON PUBLIC WORKS IS TOGETHER WE CREATE A STRONG FOUNDATION FOR HOUSTON TO THRIVE USING OUR FIVE TO THRIVE VALUES OF INTEGRITY, TEAMWORK, OWNERSHIP, COMMUNICATION, AND RESPECT. UH, TODAY HOUSTON PUBLIC WORKS IS HOLDING A PUBLIC HEARING FOR ONE MSD APPLICATION. UH, WE ARE JOINED BY MR. TIM ULA AND CHRISTOPHER ARMAND REPRESENTING GOODMAN GLOBAL GROUP, INCORPORATED. WE'RE ALSO JOINED BY MR. DOUG CARVEL OF MECX, INCORPORATED THE ENVIRONMENTAL CONSULTANTS SUPPORTING TODAY'S MSD APPLICATION. NEXT SLIDE. A MUNICIPAL SETTING DESIGNATION, OR MSD IS AN OFFICIAL DESIGNATION THAT CERTIFIES THAT A PROPERTY'S GROUNDWATER IS CONTAMINATED AND NOT TO BE USED FOR POTABLE WATER NOW OR IN THE FUTURE. UH, THE DE RESTRICTION IS VOLUNTARY AND CAN BE USED AS A TOOL FOR OWNERS TO ADDRESS ENVIRONMENTAL IMPAIRMENTS TO GROUNDWATER, TO ALLOW FOR REINVESTMENT AND REDEVELOPMENT OF THESE PROPERTIES, WHILE ALSO ADDRESSING PUBLIC HEALTH CONCERNS. THE MSDD RESTRICTION IS ADMINISTERED BY THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY OR THE TCEQ, BUT IT REQUIRES LOCAL SUPPORT ARTICLES 13 OF CHAPTER 47 OF THE CODE OF ORDINANCES PROVIDES THE CITY'S PROCESS TO EITHER SUPPORT OR NOT SUPPORT AN APPLICANT'S MSD UH, APPLICATION [00:40:01] TO THE STATE. UH, NEXT SLIDE. UH, THIS CROSS SECTION GRAPHIC ON THE SCREEN DEPICTS WHAT A MSD IS. UH, YOU HAVE A SUBJECT PROPERTY THAT IS IMPACTED, UH, WITH GROUNDWATER IMPAIRMENT, AND THIS PROGRAM ON THE SHALLOW GROUNDWATER, WHICH WOULD NOT BE USED FOR DRINKING, IS CONSIDERED, UH, DRINKING WATER. WELLS ARE TYPICALLY MUCH DEEPER THAN WHAT WE CONSIDER WMSD PROGRAM. UH, WE REQUIRE THAT THE AREA WHERE THE CONTAMINATION IS OR THE PLUME BE FULLY DEFINED ON SITE SO THAT WE KNOW WHERE IT IS THAT IT THAT IS NOT GROWING AND THE SOURCE HAS BEEN REMOVED. UH, TODAY WE HAVE ONE PROPERTY THAT IS REQUESTING THE MSD DEED RESTRICTION. NEXT SLIDE. UH, THE APPLICATION IS TO CONSIDER A MSD FOR A SITE LOCATED AT 1501 C MISS DRIVE IN COUNCIL. DISTRICT C GOODMAN GLOBAL GROUP INCORPORATED IS THE APPLICANT. UH, THE SITE IS APPROXIMATELY 15.17 ACRES. THE SITE WAS RESIDENTIAL SINCE AT LEAST 1938 AND WAS CONVERTED TO A WAREHOUSE DISTRIBUTION FACILITY IN 1967. GOODMAN OCCUPIED THE SITE IN 1986. THE FORMER USE OF THE SITE FROM 1986 THROUGH 2019 INCLUDED HEATING, VENTILATION AND AIR CONDITIONING, HVAC SYSTEM MANUFACTURING. UH, CURRENT USE OF THE SITE FROM 2019 TO THE PRESENT IS A FURNITURE MANUFACTURING AND DISTRIBUTION WAREHOUSE. THE SITE IS PRESENTLY OWNED AND OPERATED BY DIXON FURNITURE MANUFACTURERS, AND THE SITE IS CURRENTLY ENROLLED IN THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITIES VOLUNTARY CLEANUP PROGRAM, VCP NUMBER 30 0 5. NEXT SLIDE. THE CONTAMINATION AT THIS SITE CONSISTS OF ONE ONE DI CHLORINE, TETRA CHLORO, ETHNE, METHYLENE CHLORIDE, VINYL CHLORIDE, PETROLEUM HYDROCARBONS, ARSENIC, AND LEAD. A LICENSED PROFESSIONAL ENGINEER HAS CERTIFIED THAT THE AREA OF CONTAMINATION IS DELINEATED AS DEPICTED IN GREEN. IT IS STABLE AND IN MOST CASES, DECREASING IN CONCENTRATION. NEXT SLIDE. ON OCTOBER 18TH, 2022, WRITTEN NOTICES IN ENGLISH AND SPANISH WERE MAILED TO PROPERTY OWNERS AND REGISTERED CIVIC GROUPS WITHIN A HALF MILE OF THE SITE AND TO WATER WELL OWNERS AND OPERATORS WITHIN FIVE MILES OF THE SITE. UH, OUR DEPARTMENT THEN HOSTED A VIRTUAL PUBLIC MEETING ON NOVEMBER 15TH, 2022 VIA MICROSOFT TEAMS, UH, BASED ON THE INFORMATION SUPPLIED IN THE APPLICATION AND INPUT IT FROM VARIOUS CITY DEPARTMENTS AND INPUT AT THE PUBLIC MEETING. MY DIRECTOR HAS REQUESTED THIS PUBLIC HEARING. UH, DEPENDING ON THE OUTCOME OF TODAY'S MEETING, THE DIRECTOR OF PUBLIC WORKS WILL REQUEST THAT COUNSEL TAKE ACTION TO ADOPT ORDINANCES TO SUPPORT THIS MSD APPLICATION. THE ORDINANCE WILL INCLUDE ALL ELEMENTS REQUIRED BY STATE LAW AND ARTICLE 13 OF CHAPTER 47 OF THE CODE OF ORDINANCES. THE APPLICANTS ARE AVAILABLE, UH, TODAY AS REQUIRED BY THE ORDINANCE AND STAFF, ALONG WITH THE APPLICANTS ARE AVAILABLE IF YOU ALL HAVE ANY QUESTIONS. THANK YOU. THANK YOU. UH, WE HAVE VICE CHAIR CAYMAN IN THE QUEUE. THANK YOU CHAIR. UH, MR. WOOTEN, THANK YOU FOR THE PRESENTATION AND MR. COLBERT FOR YOUR SUPPORT, UM, FROM LEGAL ON THIS, HOW MANY ATTENDED, DO YOU KNOW THE NOVEMBER 15TH, UM, PUBLIC MEETING FOR THIS? UH, WE, WE HAD A SMALL CROWD. I WANNA SAY IT'S BETWEEN LIKE SEVEN AND 10, UH, ATTENDEES. AND DO YOU KNOW IF THEY REPRESENTED, YOU KNOW, THE SUPER NEIGHBORHOOD OR ANY OF THE CIVIC CLUBS? UH, I'M NOT AWARE OF ANY SUPER NEIGHBORHOODS THAT THAT ATTENDED, BUT WE DID SEND OUT A, UM, A, UH, PUBLIC MEETING MAILER TO ALL, UH, SUPER NEIGHBORHOODS IN THAT, WITHIN, WITHIN A HALF MILE RADIUS. RIGHT, BUT AND THOSE ARE MAILED THOUGH, THEY'RE NOT EMAILED, IS THAT CORRECT? UM, IF, IF THEY HAVE A EMAIL ON THE SUPER NEIGHBORHOOD SITE, UH, OR WE, IF THEY HAVE A MAILING ADDRESS ON THE SUPER NEIGHBORHOOD SITE, WE'LL MAIL A CERTIFIED LETTER. UH, IF NOT, WE WILL, WE WILL EMAIL IT IF THEY PROVIDE A EMAIL. OKAY. THANK YOU. UM, IF, IF SOMEONE COULD PROVIDE, IF, IF POSSIBLE, IF SOMEONE OFFLINE COULD PROVIDE ME WITH A LIST OF ATTENDEES, UM, I WOULD VERY MUCH APPRECIATE THAT. DO WE KNOW WHAT'S PLANNING TO BE, UM, BUILT ON THIS SITE? USUALLY WHEN YOU GET AN MSD DESIGNATION, IT'S IN, UH, PREPARATION FOR ADDITIONAL, UH, PROJECTS THAT MAY BE ON THAT LAND. I, I BELIEVE THE CURRENT USE, WHICH IS A FURNITURE WAREHOUSE, IS, IS GONNA REMAIN THE SAME. SO WHAT WOULD THE BENEFIT, UM, OF AN MSD BRING? WELL, TO ADDRESS IT IS BEING ADDRESSED BY THE TCEQ, SO IT'S UNDER THE OVERSIGHT OF THE TCEQ [00:45:01] AND WITH THE MSDD RESTRICTION, IT WILL RESTRICT ITS CONTAMINATED GROUNDWATER OR SITE. UM, IN DOING SO, PROTECTING PUBLIC HEALTH. SO NO ONE, ANY FUTURE OWNERS THROUGHOUT THE, UM, LIFE OF THIS PROPERTY WILL NEVER BE ABLE TO PUT A WATER WELL ON THE SUBJECT PROPERTY. RIGHT, UNDERSTOOD. I APPRECIATE THE CLARITY. THAT'S WHAT I WAS LOOKING FOR. UM, ALRIGHT. THANK YOU SO MUCH. AND THEN WHEN ARE Y'ALL EXPECTING, BECAUSE AGAIN, I'LL NEED TO, AS THE COUNCIL MEMBER IN THE AREA GO BACK TO, UM, OUR SUPER NEIGHBORHOOD, YOU KNOW, MAKE SURE THAT THEY UNDERSTAND WHAT'S HAPPENING, THINGS LIKE THAT. UM, WHEN ARE WE EXPECTING THIS TO COME TO COUNCIL? UM, IT, IT, IT TYPICALLY TAKES AROUND FOUR WEEKS FOR US TO GET A ITEM, UM, ON COUNCIL. SO PROBABLY, UH, MID, MID-JANUARY. GREAT. AGAIN, THANK Y'ALL FOR YOUR WORK ON THIS. THANK YOU. IN THE PRESENTATION, WE HAVE A QUESTION FROM CO-CHAIR ALCO. THANK YOU CHAIR. JUST ON THAT LAST POINT ON BRINGING IT TO COUNCIL, IT WAS MY UNDERSTANDING AFTER THE LAST, UH, DIS THE COUNCIL DISCUSSION ON A MUNICIPAL SETTING DESIGNATION THAT THE, UH, MAYOR AND THE MAYOR'S ADMINISTRATION AND THE LEGAL DEPARTMENT WERE WORKING ON REVISIONS TO THE ORDINANCE, UM, ABOUT CONTINUED, UH, TESTING AND MONITORING. SO I JUST WANTED TO KNOW IF, WHAT THE STATUS OF THAT IS, IF YOU CAN SAY, AND IF WE WILL BE BRINGING ANY, UM, ANY MSDS FORWARD BEFORE THAT'S COMPLETE. UH, AND YOU ARE CORRECT ON THAT. I'M SORRY. UH, WE, WE ARE WORKING ON THE ORDINANCE AND I, I CAN LET WIND SPEAK ON THAT. OKAY, GREAT. UH, REALLY THE ONLY THING RIGHT NOW IS THAT, UH, WE'RE CONTINUING TO REVIEW AND WE HAVE MEETINGS INTERNALLY ON IT. OKAY. THANK YOU VERY MUCH. SO WHENEVER, WHENEVER WE GET THE GREEN LIGHT FROM PUBLIC WORKS, WE WILL, WE WILL BRING THAT. OKAY. THESE ITEMS FORWARD. THANK YOU. THANK YOU. APPRECIATE IT. THANK, THANK YOU FOR THE PRESENTATION. THANK YOU. I, UH, BE, AS Y'ALL KNOW, WE HAD AUDIO DIFFICULTIES AT THE START OF THE MEETING. SO JUST FOR THE RECORD, LET ME READ WHO WAS IN ATTENDANCE HERE. UH, WE HAVE, UH, VICE CHAIR ABBY CAYMAN, VICE CHAIR, AMY PECK, COUNCIL MEMBER TARSHA JACKSON, VIRTUALLY COUNCIL MEMBER, UH, CAROLYN, EVAN SHABAZZ VER UM, STAFF IS HERE. UM, AND WE HAVE COUNCIL MEMBER MARY NAN HUFFMAN. WE HAVE VICE CHAIR, VICE MAYOR PRO TIMM CASTEX TATUM VIRTUAL. WE HAVE STAFF HERE FROM, UH, COUNCIL MEMBER MIKE KNOX. WE HAVE COUNCIL MEMBER DAVID ROBINSON HERE. UH, WE HAVE STAFF VIRTUALLY FROM COUNCIL MEMBER PLUMBER'S OFF, NO, EXCUSE ME, THEIR PLUMBER'S OFFICE IS HERE, UH, STAFF. UH, AND THEN WE HAVE CO-CHAIR SALLY ALCORN AND COUNCIL MEMBER EVAN SHABAZZ IS VIRTUAL AND WE HAVE COUNCIL MEMBER EVAN SHABAZZ IS VIRTUAL. SO AGAIN, JUST FOR THE RECORD, THOSE WERE WHO WERE IN ATTENDANCE TODAY. UM, THANK YOU CHAIR CO-CHAIR ALCORN. GREAT. NOW WE'LL HAVE PUBLIC COMMENT. UH, WE HAD THREE SPEAKERS SIGN UP IN ADVANCE. FIRST, MARLENE GAFF, HOUSTON REAL ESTATE COUNCIL, SPEAKING ON THE BUFFERING AMENDMENTS, THIS MARLENE GAFF WITH THE HOUSTON REAL ESTATE COUNCIL. WE REALLY APPRECIATE TRYING TO, YOU KNOW, MAINTAIN A BALANCE OF ENCOURAGING DENSIFICATION WHILE TRYING TO PROTECT RESIDENTIAL PROPERTIES. WE SUPPORT THE PROPOSED AMENDMENTS TO CHAPTER 42 ON BUFFERING AND CHAPTER 39 ON THE BOOK CONTAINERS AND WOULD ENCOURAGE YOU TO GO FORWARD AND MOVE ON THOSE ITEMS WHILE WE WORK OUT. UM, THE GARAGE SCREENING AND THE LIGHTING, UM, CONCERNS. HRAC HAS BEEN WORKING CLOSELY WITH THE PLANNING DEPARTMENTS ON THE AMENDMENTS TO THE CONSTRUCTION CODE ON GARAGE SCREENING AND LIGHTING. WE ARE CONCERNED ABOUT THE ACROSS THE BOARD 50 INCH SCREEN WALL HAVING AN ADVERSE IMPACT ON MEETING THE OPENNESS CRITERIA AND THE CODE. WE CANNOT TELL THE PRECISE IMPACT BECAUSE EACH GARAGE IS UNIQUE. SO THE OPENNESS CALCULATION IS DONE ON A CASE BY CASE BASIS WITH MANY VARIABLES THAT AFFECT THE OPENNESS SUCH AS THE SIZE AND CONFIGURATION OF THE PROPERTY, RAMPS, CEILING HEIGHTS, AND SCREEN WALL HEIGHTS. IF A GARAGE FAILS TO MEET THE OPENNESS, THEN IT MUST HAVE MECHANICAL VENTILATION SYSTEM WITH UNWANTED CONSEQUENCES THAT RESULT IN ENVIRONMENTAL IMPACTS OF CONSTANT NOISE FOR THE RESIDENTS. INCREASED ENERGY CONSUMPTION, ADDED HEAT, AND FORCED BLOWING OF EXHAUST AREA, EXCUSE ME, EXHAUST AIR HREC WORKING WITH GARAGE DESIGN CONSULTANTS ALSO DETERMINED THAT THERE IS NO BRIGHT LINE ON THE WALL HEIGHT THAT WILL [00:50:01] NOT RESULT IN AVOIDING A MECHANICAL VENTILATION SYSTEM. WE DO BELIEVE THAT GOING TO A 50 INCH SCREEN WALL WILL RESULT IN MORE MECHANICAL VENTILATION SYSTEMS. WE TOO ARE TRYING TO STRIKE A BALANCE BETWEEN HEADLIGHTS AND THE UNWANTED CONSEQUENCES ASSOCIATED WITH VENTILATED GARAGES AND THE IMPACT ON NEIGHBORHOODS. OUR PARKING GARAGE RESEARCH SHOWS THAT THE HEADLIGHTS ARE WELL BELOW 48 INCHES IN PARKING GARAGES. WE RECOMMEND THAT A 48 INCH EXTERIOR COVER BE PROVIDED FOR BUDDING PROPERTY IN USE FOR, OR RESTRICTED TO RESIDENTIAL USE, OR CROSS THE STREET FROM RESIDENTIAL USE. UNLESS THIS REQUIRES A GARAGE TO HAVE A MECHANICAL VENTILATION SYSTEM. AND THOSE INSTANCES, THE WALL MAY, MAY BE REDUCED IN A HEIGHT TO MEET THE OPEN VENTILATION REQUIREMENTS OF THE CODE, BUT MAY NOT BE REDUCED BETWEEN 42 INCHES. AND COUNCIL MEMBER BEFORE I GO ONTO OUTDOOR LIGHTING, COUNCIL MEMBER GALLAS, YOU ASKED A QUESTION ABOUT NEW DEVELOPMENT, NEW RESIDENTIAL DEVELOPMENT MOVING INTO THE GARAGE. I BELIEVE WHAT THIS ORDINANCE IS TRYING TO DO IS STRIKE THE, THE, THE BALANCE BETWEEN EXISTING NEIGHBORHOODS OR EXISTING RESIDENCES, THAT AHA EFFECT OF A GARAGE MOVING NEXT TO THEM VERSUS RESIDENTS DECIDING TO MOVE NEXT TO A GARAGE IN TERMS OF OUTDOOR LIGHTING. HRE IS CONCERNED THAT THE 3,500 KELVINS DOES NOT ADDRESS THE PERCEPTION OF ADEQUATE SAFETY AND RETAIL PARKING LIGHTS. LOTS. THE HUMAN EYE SEES BEST DURING DAYLIGHT, WHICH IS ROUGHLY AROUND 5,500 CALVIN'S. AS YOU GO FROM DAYLIGHT TO A MORE YELLOW, THERE IS LESS VISUAL CLARITY. A 4,000 CALVIN IS LESS YELLOW THAN A 3,500 CALVIN AND PROVIDES MORE VISUAL CLARITY. AND FROM THE CUSTOMER PERSPECTIVE PROVIDES A SAFER ENVIRONMENT. AND WITH THAT, I WILL CONCLUDE MY COMMENTS. THANK YOU. ARE THERE ANY QUESTIONS FOR MS. GRE? OKAY, MOVING ON. THANK YOU VERY MUCH. MOVING ON. TIMOTHY PULA WITH GOODMAN MANUFACTURING SLASH DAIKIN COMFORT TECHNOLOGIES NORTH AMERICA. YOU'RE NOT, YOU DON'T HAVE TO SPEAK. YOU'RE JUST HERE TO ANSWER ANY QUESTIONS. SURE. OKAY. ANY QUESTIONS FOR MR. PULA? OKAY. SEEING NONE. NEXT WE HAVE LUKE MURRAY, WHO'S ALSO HERE ON THE MUNICIPAL SETTING DESIGNATION. I THINK HE'S, UH, VIRTUAL. OKAY. SO HE'S NOT LOGGED ON, SO HE'S NOT HERE. SO THAT IS THE END OF, UH, PUBLIC COMMENT UNLESS THERE'S SOMEBODY HERE IN PERSON THAT WOULD LIKE TO COMMENT. OKAY. CHAIR BACK TO YOU. OH, NO, NOT BACK TO YOU. . UH, I'M READING THE SCRIPT. IT'S, UH, WITH NO FURTHER COMMENTS FROM COUNCIL OR THE PUBLIC, THIS MEETING IS ADJOURNED. THANK YOU ALL VERY MUCH. HAPPY HOLIDAYS AND THANKS FOR BEING HERE TODAY. THANK Y'ALL. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.