Regular Meeting of the Environmental Commission October 5, 2022 at 6:00 P.M. Permitting and Development Center, Events Center, Room 1405 6310 Wilhelmina Delco Drive Austin, Texas 78752 Some members of the Environmental Commission will be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation. To register to speak remotely, call or email Kaela Champlin, Watershed Protection Department, at (512) 974-3443, Kaela.Champlin@austintexas.gov, no later than noon, the day before the meeting. The following information is required: speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting). CURRENT COMMISSIONERS: Haris Qureshi Rachel Scott Pam Thompson Melinda Schiera Audrey Barrett Bixler Colin Nickells Jennifer Bristol, Secretary Kevin Ramberg, Chair Ana Aguirre Richard Brimer Perry Bedford, Vice-Chair AGENDA CALL TO ORDER PUBLIC COMMUNICATION: GENERAL The first 10 speakers who register to speak no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. APPROVAL OF MINUTES AND ACTION 1. Approval the minutes of the Environmental Commission Regular Meeting on September 21, 2022 (5 minutes) 1 Review and approve the 2023 Environmental Commission meeting calendar (10 minutes) DISCUSSION AND ACTION ITEMS 2. PUBLIC HEARINGS 3. Name: Park 290 Logistic, SP-2021-0095C Applicant: BSREP III Decker Lane Location: 11653 Decker Lane, Austin, TX 78724 Council District: District 1 Staff: Enrique A. Maiz-Torres, Environmental Review Specialist Senior, Development Services Department Watershed: Gilleland Creek/Decker Creek Watershed, Suburban, Desired Development Zone Request: Variance requests are as follows: 1. Request to vary from LDC 25-8-342 to allow fill over 4 feet up to 28 feet. 2. Request to vary from LDC 25-8-341 to allow cut over 4 feet up to 22 feet. Staff Recommendation: Recommended with conditions (30 minutes) DISCUSSION AND POSSIBLE ACTION ITEMS 4. 5. Briefing on a proposed ordinance in response to Resolution 20211029-003 which directs staff to review City Code, criteria manuals, and permitting procedures to identify impediments to the design, construction, implementation, and operation of Project Connect—Donna …
Park 290 Logistics Center 11653 Decker Lane Austin, TX SP-2021-0095C Enrique A Maiz-Torres Environmental Review Specialist Senior Development Services Department Property Data 2 • Gilleland Creek and Decker Creek Watershed • Suburban Watershed Classification • Desired Development Zone • Austin Full Purpose • Not located over Edwards Aquifer Recharge Zone • No Critical Environmental Features on property • Existing condition undisturbed • Zoning: CH-CO Park 290 Logistic SP-2021-0095C 3 Site Location Austin ETJ Austin City Limits Edwards Aquifer Recharge Zone Edwards Aquifer Contributing Zone Existing condition 4 Existing Conditions 5 The vegetation of the site was classified as rangeland, consisting of a grazed herbaceous layer with scrubs and small groupings of trees dominated by Ashe juniper, Texas ash, Monterrey oak, cedar elm, honey mesquite. Synopsis 6 • • • • The project is located at the intersection of US 290 and Decker Lane. The site has a Gross Site Area of 66.30 acres. The applicant plans to develop four LEED certified industrial buildings with approx. 780,000 total square foot with fire lanes and parking areas, three water quality/detention ponds, utility extensions, offsite trail extension, and landscaping. In order to facilitate this type of development the truck courts / loading dock areas must have grades of less than 4% for maneuverability and must be fairly level so that when the trucks are parked at the loading docks the trailer elevations sit level with the finish floor elevations of the buildings and can be loaded and unloaded with ease. Topography of the project limits of construction ranges from 602 to 653 feet. The vegetation of the site was classified as rangeland, consisting of a grazed herbaceous layer with scrubs and small groupings of trees. Variance Request 7 • To allow cut in excess of 4 feet and up to 22 feet. (LDC • To allow fill in excess of 4 feet and up to 28. (LDC 25-8- 25-8-341) 342) Proposed Site Plan and Grading 8 *The use of all the buildings requires a uniform finished floor elevation similarly found in other industrial and commercial buildings. (Dalfen Industrial – SP- 2020-0407D). Cut 9 Fill 10 Retaining Wall Structures 11 • To structurally contain fill and minimize the amount of grading. • Resist lateral pressure of the soil. • Prevent movement of soil downward. • Increased stability. *Retaining walls in RED Variance recommendation 12 Staff recommends the variance, having determined that the required findings …
PROPOSED LANGUAGE FOR PROJECT CONNECT ORDINANCE DRAFT SUBJECT TO ADDITIONAL CHANGES PART 1. Project Connect is the City’s high-capacity transit system expansion, which will ultimately consist of multiple light rail lines, a downtown subway, an expanded bus system, and associated transportation terminals. To facilitate the construction of this critical transportation infrastructure, certain modifications and waivers to City Code are necessary to ensure that construction of a high-capacity transit system is completed in a timely manner. PART 2. This ordinance and the attached Exhibits A and B consist of the “Transit System Regulations”. Development of the Transit System shall conform to the limitations and conditions set forth in this ordinance. If this ordinance and the attached exhibits conflict, this ordinance controls. Except as otherwise provided by this ordinance, all other rules, regulations, and ordinances of the City apply. PART 3. The attached exhibits are incorporated into this ordinance in their entirety as though set forth fully in the text of this ordinance. The exhibits are as follows: A. B. Transit System Exhibit Transit System Noise and Mitigation Plan Requirements PART 4. Definitions. A) Transit System Project means a transportation project with any related appurtenances, including but not limited to a rail and public transit line, rail station, or a transportation terminal, funded by a public entity that is located on publicly owned land, either in fee or public easement and generally depicted on attached Exhibit A. B) Unless otherwise specifically defined, all terms in this ordinance shall have the meaning established in Title 25 of Code of the City of Austin, Texas (the “Land Development Code”). PART 5. Any construction activities associated with a Transit System Project must comply with a noise and mitigation plan approved by the City that meets the requirements listed in Exhibit B. To the extent there is a conflict with Chapter 9-2 (Noise and Amplified Sound), the Transit System Noise and Mitigation Plan will control. PART 6. Transit System Uses A) The use of a site for a traction powered substation is a Local Utility Service use as described in 25-2-6(28). PROPOSED LANGUAGE FOR PROJECT CONNECT ORDINANCE DRAFT SUBJECT TO ADDITIONAL CHANGES B) The use of a site for the provision of maintenance, repair, vehicular or equipment servicing, material storage, or similar activities for light rail lines is a Maintenance and Facilities use as described in 25-2-6 (29). PART 7. Code Modifications. The following code modifications …
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EXHIBIT B – Rail Construction Noise and Mitigation Plan Requirements The Austin Transit Partnership (ATP) will submit the required components listed below to be reviewed and approved by City Staff. City Staff will review the plan to ensure that all required components are present in the plan and are satisfactory to City Staff before approval. ATP commits to adhere and ensure that contracted parties responsible for light rail construction activities adhere to the policies and procedures housed within the submitted plans. The following components are required: 1. Construction Noise Mitigation and Monitoring Plan Construction noise impacts will be documented in the Final Environmental Impact Statement (FEIS), completed in compliance with the National Environmental Policy Act (NEPA) process. Mitigation measures identified in the Mitigation Monitoring Plan, affirmed in the FEIS and Record of Decision, will be included in contract documents, monitored for implementation during final design and construction. Measures to minimize impacts will include, but are not limited to: • • • Sound monitoring during construction Limiting idling and back up alarms of equipment Limiting certain activities during certain times 2. Noise Control Plan Requirements for Contractors during Construction ATP will require all contractors to submit a Noise Control Plan as part of their contract that addresses mitigation for their specific schedule, equipment, and methods of construction. ATP will submit their requirements of contractors for this plan to the City. The requirements will include, but are not limited to: Schedule (dates and times of day) and methods of construction • Contractor’s specific equipment types • • Maximum noise limits for each piece of equipment with certification testing • Prohibitions on certain types of equipment and processes during the night or daytime hours • • Methods for projecting construction noise levels • • Methods for responding to community complaints in line with the Programmatic Project Identification of specific sensitive locations near construction sites Implementation of noise control measures where appropriate Communications Plan. 3. Programmatic Project Communications Plan This plan will contain requirements for programmatic communications including how the program will communicate to the public about construction impacts and timelines, posting of public-facing materials, procedures for submission of noise and construction impact complaints, and how complaints will be handled. • This plan will be adhered to by all contractors for the program. This plan will dictate high-level requirements that ensure consistency of information, noticing, monitoring, reporting, and responding to complaints. Items that are …
RESOLUTION NO. 20211029-003 WHEREAS, the Austin Strategic Mobility Plan ("ASMP") (Ordinance No. 20190411-033) is the transportation element of the Imagine Austin Comprehensive Plan and calls for a 50/50 mode share by 2039, which includes increasing use of sustainable modes such as walking, bicycling, teleworking and transit; WHEREAS, City Council adopted Resolution No. 20190808-081 directing the City Manager to "analyze and report on options for the City of Austin and other related or interested public or private entities to leverage resources to support the creation, operation, and maintenance of a high-capacity transit system"; WHEREAS, Austin voters approved Project Connect, the regional high- capacity transit system, on November 3,2020; WHEREAS, on December 18,2020, the City of Austin and the Capital Metropolitan Transportation Authority created a local government corporation named the Austin Transit Partnership Local Government Corporation to aid the City and Capital Metro and act on their behalf to accomplish the governmental purpose of implementing the Project Connect System Plan; WHEREAS, in a report entitled Saving Time and Making Cents: A Blueprintfor Building Transit Better ("Eno Report"), published in 2021, the Eno Center for Transportation identified local regulation, permitting, and decision- making procedures throughout the United States as an obstacle to achieving viable, cost-effective transit systems on par with those of peer nations; WHEREAS, noting that local development codes are generally ill- suited to the nature and scale of mass transit, the Eno Report found that jurisdictions that have successfully constructed mass transit systems apply modified regulations and review procedures to accommodate the unique challenges Page 1 0f 3 transit construction presents and the ways it differs from private development or conventional transportation and public works projects; WHEREAS, the City ofAustin's Land Development Code does not provide for the design and permitting of linear construction required for mobility and transit facilities that encompass large areas, include subsurface and above-ground elements, and span multiple zoning districts and watersheds; WHEREAS, greater flexibility and more carefully tailored regulations are required to facilitate construction of Project Connect; WHEREAS, City staff routinely interprets and applies City Code to development and capital improvement applications; WHEREAS, the Land Development Code, existing regulations, criteria, and procedures should be flexibly applied to facilitate construction of Project Connect to the greatest extent possible until existing requirements can be amended; WHEREAS, there are Project Connect MetroRapid and MetroRail projects currently moving forward in advance of the Orange and Blue Line light rail projects; …
VERSION TWO PROPOSED LANGUAGE FOR PROJECT CONNECT ORDINANCE DRAFT SUBJECT TO ADDITIONAL CHANGES Project Connect is the City’s high-capacity public transit system expansion, PART 1. which will ultimately consist of a light rail network, an expanded bus system, transportation terminals and stations, maintenance facilities, and all associated improvements necessary for operation of the transit system. To facilitate the construction of this critical transportation infrastructure, certain modifications and waivers to City Code are necessary to ensure the construction of a high-capacity transit system. PART 2. This ordinance and the attached Exhibits A and B consist of the “Transit System Project Regulations”. Development of the Transit System Project shall conform to the limitations and conditions set forth in this ordinance. If this ordinance and the attached exhibits conflict, this ordinance controls. Except as otherwise provided by this ordinance, all other rules, regulations, and ordinances of the City apply. PART 3. The attached exhibits are incorporated into this ordinance in their entirety as though set forth fully in the text of this ordinance. The exhibits are as follows: A. B. Transit System Project Exhibit Rail Construction Noise and Mitigation Plan Requirements PART 4. Definitions. A) Transit System Project means a transportation project generally depicted on Exhibit A with any related appurtenances, including but not limited to a rail and public transit line, rail station, or a transportation terminal, funded by a public entity. [and located on publicly owned land or in the right-of-way or a public easement.] B) Unless otherwise specifically defined, all terms in this ordinance shall have the meaning established in Title 25 of Code of the City of Austin, Texas (the “Land Development Code”). PART 5. A Transit System Project for rail lines or any associated infrastructure necessary to construct the rail lines must comply with a noise and mitigation plan approved by the City that meets the requirements listed in Exhibit B. To the extent there is a conflict with Chapter 9-2 (Noise and Amplified Sound), the approved noise and mitigation plan will control. VERSION TWO PROPOSED LANGUAGE FOR PROJECT CONNECT ORDINANCE DRAFT SUBJECT TO ADDITIONAL CHANGES PART 6. Transit System Uses as described in 25-2-6(28). A) The use of a site for a traction powered substation is a Local Utility Service use B) The use of a site for the provision of maintenance, repair, vehicular or equipment servicing, material storage, or similar activities for rail lines is a …
1 ENVIRONMENTAL COMMISSION MOTION 20221005-003 Date: October 5, 2022 Subject: Park 290 Logistic, SP-2021-0095C Motion by: Jennifer Bristol RATIONALE: Seconded by: Kevin Ramberg WHEREAS, the Environmental Commission recognizes the applicant is requesting to vary from LDC 25-8-342 to allow fill over 4 feet up to 28 feet and requesting to vary from LDC 25-8-341 to allow cut over 4 feet up to 22 feet and; WHEREAS, the Environmental Commission recognizes the site is located in the Gilleland Creek Watershed, Suburban, Desired Development Zone; and WHEREAS, the Environmental Commission recognizes that Staff recommends this variance, with conditions having determined the required Findings of Fact have been met. THEREFORE, the Environmental Commission recommends the variance request with the following conditions: Staff Conditions: • Provide a tree-shaded outdoor seating area as to encourage employees to take breaks on-site, rather than driving to alternative locations. • Provide an on-site trail with drainage swales that naturally convey flows into existing on-site ponds. • Provide vegetative walls adjacent to the critical environmental feature located on the site. • Provide terraced landscaping area in the open space allocated on the site. and the following Environmental Commission Conditions: • • • • • • Recommend including solar technology where possible Recommend using A/C condensation catchment system to be used for landscaping Include at least one EV charging station for staff or visitors Encourage long-term tree care plan for the new and existing trees Utilize native plant standards for Blackland Prairie Utilize Dark Sky lighting in outdoor spaces The applicant will work with staff and landscape architect to increase the number of trees on site by 50 additional trees beyond what is on the plan set to the maximum extent practicable per site condition availability. Incorporate plants that support pollinators. The applicant will work with staff to review the reflective glass product they have proposed to ensure it is reducing bird strikes onsite. VOTE 9-0 For: Aguirre, Bedford, Brimer, Bristol, Ramberg, Schiera, Scott, Thompson, and Qureshi Against: None Abstain: None Recuse: None Absent: Barrett Bixler and Nickells Approved By: Kevin Ramberg, Environmental Commission Chair • • • 2
1 ENVIRONMENTAL COMMISSION MOTION 20221005-004 Date: October 5, 2022 Subject: Project Connect Motion by: Kevin Ramberg RATIONALE: WHEREAS, the Environmental Commission supports the implementation and operation of Project Connect. WHEREAS, the Environmental Commission understands this proposed ordinance will not change the code requirements that trigger Boards and Commissions review and approvals. Seconded by: Rick Brimer THEREFORE, the Environmental Commission recommends the proposed ordinance in response to Resolution 20211029-003 with the following Environmental Commission Conditions: 1. Project Connect commits to brief the Environmental Commission and seek our recommendations on the 2. Project Connect commits to implementing multilingual public outreach based on the languages spoken in project development annually at a minimum; the target populations; and 3. Project Connect commits to presenting to the Environmental Commission early in the Draft EIS NEPA public involvement period to seek Commission comments and recommendations related to sound mitigation and management and other environmental elements. VOTE 8-0 For: Aguirre, Bedford, Brimer, Ramberg, Schiera, Scott, Thompson, and Qureshi Against: None Abstain: None Recuse: None Absent: Barrett Bixler, Bristol, Nickells Approved By: Kevin Ramberg, Environmental Commission Chair
ENVIRONMENTAL COMMISSION MOTION 20221005-005 Date: October 5, 2022 Subject: Ordinance Amendment to Title 25 related to environmental protection, landscape requirements, and site plan requirements Motion by: Perry Bedford WHEREAS, the Environmental Commission has considered the ordinance amendments to Title 25 in a working group and is making additional recommendations related to environmental protection and landscape requirements and; WHEREAS, the Environmental Commission recognizes this ordinance responds to Council Resolution No. 20220609-061, which initiated Land Development Code amendments related to environmental protection, drainage, and landscape requirements. The resolution directed staff to present most of the initiated amendments to Council for consideration and; Seconded by: Rick Brimer WHEREAS, the Environmental Commission recognizes that neighborhoods and residents east of I-35 have not shared the same environmental protections as those within the Edwards Aquifer Recharge Zones or where endangered species exist in West Austin and; WHEREAS, the Environmental Commission recognizes Ordinance Amendment to Title 25 has not go through public review outside of Boards and Commissions; THEREFORE, the Environmental Commission recommends the amendments to Title 25 with the following additional recommendations; • § 25-2-1008 IRRIGATION REQUIREMENTS. o Recommend that xeriscaping and drought-tolerant plants be part of the landscaping requirements to reduce the dependency on irrigation and increase the survivability of the plants installed in parking areas. o (F) Remove the administrative authority to grant a variance and include the Environmental Commission as the authority to grant variances. • Functional Green o We recognize and support all functional green standards. Because this is a new area of the code the Environmental Commission requests presentations on the projects utilizing Functional Green so we can learn more about its real-world application and support the growth of its use. • § 25-8-42 ADMINISTRATIVE VARIANCES. o Remove all additions to this section. ▪ The additions go too far with administrative approvals and the removal of citizen oversite via public notices or review from boards and commissions. o Because the section removes all citizen oversite and public review it is not equitable. • § 25-2-1179 ENVIRONMENTAL PROTECTION. o The maintenance and repair of watercraft shall be performed in a manner that prevents discharge of fuel, oil, or other pollutants into the water. ▪ Add- in the event of a leak or spill during maintenance, owner or repair service will contain the leak or spill and dispose of the hazardous material properly. ▪ Require all fuels, oil, and hazardus materials be stored …
Project Connect Foundational Ordinance and Regulations October 5, 2022 Environmental Commission Project Connect Overview 2 Project Connect: Program Components 33 Integrated Program Delivery 4 Project Connect in Progress MetroRapid Expansion, Red Line Improvements, Pickup Service Expansion • Summer 2021: Three new Circulator Pickup Zones • • • • • December 2021: MetroRapid Expo Center Groundbreaking February 2022: MetroRapid Pleasant Valley Groundbreaking July 2022: Red Line McKalla Station Groundbreaking August 2022: MetroBike Program incorporated into CapMetro Summer 2023: Target for new MetroRapid in Service • All-electric, Zero emission buses, Solar where possible To help protect your privacy, PowerPoint has blocked automatic download of this picture. Recently completed North Operations Electric Bus Yard 5 Light Rail Project Development Process Project Development Engineering Construction Revenue Service Entry into Engineering Grant Agreement Note: Project Development includes Preliminary Engineering 6 Light Rail Project Cost Considerations COST BASIS ASSUMPTIONS Original cost estimates (2019-2020) were based on 5% design and peer transit system comparison data 2022: costs have increased significantly (up to 70%-80%), due to the following drivers: Right-of-way and real estate prices (Austin market) Inflation, labor shortage, and anticipated supply chain barriers Program scope changes as a result of community input and technical requirements (e.g. Tunnel length increase from 1.5 to 4 miles) NEXT STEPS • NEED TO ALIGN PROGRAM SCOPE AND SEQUENCING TO • Community input will be essential to defining project scope, AVAILABLE FUNDING phasing and next steps. Tax increment rate will not be increased to cover ongoing program costs Federal Environmental Review Process The National Environmental Policy Act (NEPA) process requires federal agencies to: • Assess the potential impacts of their actions on the human and natural environment • Avoid, minimize or mitigate adverse effects where reasonably feasible • Where impacts are identified, mitigation strategies are defined, and could include items such as maintaining property access, tree relocation, or noise monitoring during construction • Inform the public that environmental concerns were considered in their decision-making process 8 Cultural Environment Historic and Archeological Park and Recreation Visual and Aesthetic Physical and Natural Environment Air Quality Water Quality Noise and Vibration Trees Human Environment Environmental Justice Neighborhood & Community City of Austin Boards & Commissions – Project Connect Roles • Fulfill regulatory requirements: • Subject specific ordinances & code updates • Commission level variances or other approvals needed for permitting / project delivery • Subject specific briefings to subject-relevant commissions (e.g. NEPA to Environmental Commission) …
ENVIRONMENTAL COMMISSION REGULAR MEETING MINUTES 5, October, 2022 The Environmental Commission convened in a regular meeting on 5, October, 2022 at 6310 Wilhelmina Delco Drive in Austin, Texas. Commissioners in Attendance: Ana Aguirre, Perry Bedford, Jennifer Bristol, Rick Brimer, Melinda Schiera, Kevin Ramberg, and Haris Qureshi. Commissioners in Attendance Remotely: Pam Thompson and Rachel Scott. Commissioners absent: Audrey Barrett Bixler and Colin Nickells. CALL TO ORDER Chair Ramberg called the Environmental Commission Meeting to order at 6:02 P.M. PUBLIC COMMUNICATION: GENERAL None APPROVAL OF MINUTES AND ACTION 1. Approval the minutes of the Environmental Commission Regular Meeting on September 21, 2022 (5 minutes) The minutes of the September 21, 2022 Environmental Commission Regular Meeting were approved with a noted amendment on Vice Chair Bedford’s motion, Chair Ramberg’s second on a 8-0 vote. Commissioners Barrett Bixler and Nickells were absent. Commissioner Bristol was off the dais. DISCUSSION AND ACTION ITEMS 2. Review and approve the 2023 Environmental Commission meeting calendar (10 minutes) The 2023 Environmental Commission meeting calendar was approved on Commissioner Bedford’s motion, Chair Ramberg’s second on a 8-0 vote. Commissioners Barrett Bixler and Nickells were absent. Commissioner Bristol was off the dais. PUBLIC HEARINGS 3. Name: Park 290 Logistic, SP-2021-0095C Applicant: BSREP III Decker Lane Location: 11653 Decker Lane, Austin, TX 78724 Council District: District 1 Staff: Enrique A. Maiz-Torres, Environmental Review Specialist Senior, Development Services Department 1 4. 5. 7. 8. 9. 10. DISCUSSION AND POSSIBLE ACTION ITEMS Watershed: Gilleland Creek/Decker Creek Watershed, Suburban, Desired Development Zone Request: Variance requests are as follows: 1. Request to vary from LDC 25-8-342 to allow fill over 4 feet up to 28 feet. 2. Request to vary from LDC 25-8-341 to allow cut over 4 feet up to 22 feet. Staff Recommendation: Recommended with conditions (30 minutes) A motion to close the public hearing was approved on Chair Ramberg’s motion, Commissioner Bedford’s second on a 9-0 vote. Commissioners Barrett Bixler and Nickles were absent. A motion to recommend the requested variance with conditions was approved on Commissioner Bristol’s motion, Commissioner Ramberg’s second on a 9-0 vote. Commissioners Barrett Bixler and Nickells were absent. Briefing on a proposed ordinance in response to Resolution 20211029-003 which directs staff to review City Code, criteria manuals, and permitting procedures to identify impediments to the design, construction, implementation, and operation of Project Connect—Donna Galati, Project Connect Office (1 hour) A recommendation to support the proposed ordinance …
