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Applicant Form and Findings of Fact ENVIRONMENTAL BOARD VARIANCE APPLICATION Applicant Variance Request Letter October 20, 2020 City of Austin Planning and Development Review Department 505 Barton Springs Road Austin, TX 78767 Re: Variance Request Letter – Fill Concordia University Residence Hall - Site Plan Application SP-2020-0038C 11400 Concordia University Drive Austin, Texas 78726 To Whom It May Concern: INTRODUCTION PROJECT DESCRIPTION Please accept this letter as a request for a variance to the Lake Austin Ordinance #840301-F, Sections 9- 10-409(A) and 9-10-409(B) for a max fill of +/- 8.75 ft for the above referenced project. The Concordia University Texas campus is an existing campus located at 11400 Concordia University Drive in northwest Austin, Texas and Travis County. The existing property is approximately 383 acres including approximately 250 acres of preserve land. The campus has existing improvements including buildings, athletic facilities, private drives, underground utilities storm drains, stormwater ponds, and auxiliary improvements. City of Austin | Environmental Board Variance Application Guide 1 The proposed campus improvements include a 4-story residence hall building, associated parking lot, outdoor amphitheater area, pedestrian improvements, two water quality and detention ponds, and associated site improvements. This project is located within the Bull Creek Watershed, classified as a Water Supply Suburban Watershed. The site is located within the Edwards Aquifer Recharge Zone according to the City of Austin GIS. Critical water quality zones, water quality transition zones, and critical environmental features are located on the southern and eastern portion of the site. No development will occur in these locations. The terrain is heavily wooded and has some grass cover. No requests for a variance to CEF buffers, WQTZ or CWQZ areas are being requested. If you have any questions or comments regarding this request, please contact me at 512-271-6314. Sincerely, Brandon Hammann, P.E., LEED AP Project Manager PROJECT DESCRIPTION Applicant Contact Information Name of Applicant Street Address City State ZIP Code Work Phone E-Mail Address Kimley-Horn and Associates, Inc. – Brandon Hammann, P.E., LEED AP 10814 Jollyville Road, Building IV, Suite 200 Austin, Texas 78759 512-271-6314 Brandon.Hammann@kimley-horn.com City of Austin | Environmental Board Variance Application Guide 2 Variance Case Information Case Name Case Number Concordia University Residence Hall SP-2020-0038C Address or Location 11400 Concordia University Texas Environmental Reviewer Name Kristy Nguyen Applicable Ordinance Lake Austin Ordinance #840301-F, Sections 9-10-409(A) and 9-10-409(B) Watershed Name Bull Creek Watershed Classification ☐Urban ☐ Suburban X Water Supply Suburban ☐Water Supply …
Pamela Abee-Taulli Environmental Review Specialist Senior Development Services Department Radmon Rice Environmental Specialist Watershed Protection Department ULLRICH LOW SERVICE PUMP STATION ELECTRICAL FEED RENEWAL 3602 1/2 REDBUD TRL UNIT C SPC-03-0005C(R2) PROJECT LOCATION Site Location Austin ETJ Austin City Limits Edwards Aquifer Recharge Zone Edwards Aquifer Contributing Zone This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the- ground survey and represents only the approximate relative location of property boundaries. This product has been produced by the Watershed Protection Department for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. 0510Miles[ PROJECT LOCATION Lake Austin Westlake Hills Lady Bird Lake PROPERTY DATA •Water Supply Rural • Bee Creek, Little Bee Creek, and Lake Austin watersheds •Water Supply Suburban • Lady Bird Lake watershed •Drinking Water Protection Zone •Full Purpose Jurisdiction •Edwards Aquifer Recharge Zone •Wetland & Rimrock Critical Environmental Features •Council District 8 CONSTRAINTS Existing plant from 2003 CONSTRAINTS Steep slopes CONSTRAINTS Multiple Critical Water Quality Zones & Water Quality Transition Zones CWQZ WQTZ CONSTRAINTS Rimrock & Wetland CEFs Rimrock Wetlands BACKGROUND The plan proposes 6 projects to upgrade an existing City of Austin water treatment plant. The purpose is to improve operator and environmental safety by eliminating potential hazards and to upgrade miscellaneous plant processes to ensure the plant can reliably deliver drinking water. 6 PROJECTS In two phases. •Phase 2 •Phase 3 Phase 2 Phase 3 PHASE 2 1. Switchgear enclosure (#7) 2. Duct bank and access drive (#8) 8 7 1. Containment basin 3. Sludge changeover facility PHASE 3 2. Electric building and 4. 6-inch water line related duct banks 7 VARIANCE REQUESTS 1. Vary LDC 25-8-261 to allow development in the Critical Water Quality Zone, and by extension in the Water Quality Transition Zone of a Water Supply Rural watershed in the Edwards Aquifer Recharge Zone South [LDC 25-8-452]. 2. Vary LDC 25-8-281 to allow construction within a rimrock Critical Environmental Feature buffer. 3. Vary LDC 25-8-301 to allow construction of a driveway on a slope with a gradient of more than 15 percent. 4. Vary LDC 25-8-302(A)(1) to allow construction of a building on a slope with a gradient of more than 25 percent 7 VARIANCE REQUESTS 5. Vary LDC 25-8-341 to allow cut to sixteen …
MEMORANDUM TO: Linda Guerrero, Chair, Environmental Commission FROM: Pamela Abee-Taulli, Environmental Review, DSD DATE: October 21, 2020 SUBJECT: Albert H. Ullrich Water Treatment Plant, Revision 2 Variances Dear Chair Guerrero, Ullrich Water Treatment Plant, operated by Austin Water Utility, is critical to providing the City with safe drinking water. The site plan under review is a revision to the original site plan, which was approved in 2003. The plan includes multiple projects and will require seven Environmental variances, largely due to the site’s location in an environmentally sensitive area with numerous environmental constraints. Because of the unusually high number of variances, I have taken the uncommon step of providing a single set of findings for all the variances, rather than one set of findings for each variance. Additionally, I am including this memo to introduce the list of proposed projects. The overall purpose of the plan revision under review is to improve operator and environmental safety by eliminating potential hazards and to upgrade miscellaneous plant processes to ensure the plant can reliably deliver drinking water. The sludge change-over structure replaces existing structures that require confined space entry. Other improvements provide safety washdown areas and a looped, potable water supply to the facility. The spill containment structure will contain fugitive spills that may enter the existing storm drain system from chemical delivery areas and will prevent their discharge into Little Bee Creek. The Low Service Pump Station Electrical Feed Renewal project includes construction of a new electrical building, retaining walls, electrical and mechanical equipment, parking areas, access road, and duct bank routing. Thank you for your consideration. Sincerely, Pamela Abee-Taulli, DSD Radmon Rice, WPD 1 ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: November 20, 2020 NAME & NUMBER OF PROJECT: Albert H. Ullrich Water Treatment Plant, Revision 2 SPC-03-0005C(R2) NAME OF APPLICANT OR ORGANIZATION: Shari Pape, MWM Design Group LOCATION: 3602 ½ Redbud Trail, Austin, TX, 78746 COUNCIL DISTRICT: District 8 ENVIRONMENTAL REVIEW STAFF: Pamela Abee-Taulli, Environmental Review Specialist Senior, Development Services Department, 512-974-1879, pamela.abee- taulli@austintexas.gov. WATERSHED: REQUEST: Radmon Rice, Environmental Specialist, Watershed Protection Department, 512-974-3429, radmon.rice@austintexas.gov. Bee Creek, Little Bee Creek, and Lake Austin watersheds are classified Water Supply Rural. Lady Bird Lake watershed is classified Water Supply Suburban. Drinking Water Protection Zone 1. LDC 25-8-261 to allow development in the Critical Water Quality Zone, and by extension in the Water Quality Transition Zone of a Water Supply Rural …
Case No.: (City use only) Environmental Resource Inventory For the City of Austin Related to LDC 25-8-121, City Code 30-5-121, ECM 1.3.0 & 1.10.0 The ERI is required for projects that meet one or more of the criteria listed in LDC 25-8-121(A), City Code 30-5-121(A). 1. SITE/PROJECT NAME: 2. COUNTY APPRAISAL DISTRICT PROPERTY ID (#’s): 3. ADDRESS/LOCATION OF PROJECT: 4. WATERSHED: 5. THIS SITE IS WITHIN THE (Check all that apply) Edwards Aquifer Recharge Zone* (See note below) .................. YES No Edwards Aquifer Contributing Zone*.................................. YES No Edwards Aquifer 1500 ft Verification Zone* ....................... YES No Barton Spring Zone* .......................................................... YES No *(as defined by the City of Austin – LDC 25-8-2 or City Code 30-5-2) Note: If the property is over the Edwards Aquifer Recharge zone, the Hydrogeologic Report and karst surveys must be completed and signed by a Professional Geoscientist Licensed in the State of Texas. 6. DOES THIS PROJECT PROPOSE FLOODPLAIN MODIFICATION?.......YES** NO If yes, then check all that apply: (1) The floodplain modifications proposed are necessary to protect the public health and safety; (2) The floodplain modifications proposed would provide a significant, demonstrable environmental benefit, as determined by a functional assessment of floodplain health as prescribed by the Environmental Criteria Manual (ECM), or (3) The floodplain modifications proposed are necessary for development allowed in the critical water quality zone under LDC 25-8-261 or 25-8-262, City Code 30-5-261 or 30-5-262. (4) The floodplain modifications proposed are outside of the Critical Water Quality Zone in an area determined to be in poor or fair condition by a functional assessment of floodplain health. ** If yes, then a functional assessment must be completed and attached to the ERI (see ECM 1.7 and Appendix X for forms and guidance) unless conditions 1 or 3 above apply. 7. IF THE SITE IS WITHIN AN URBAN OR SUBURBAN WATERSHED, DOES THIS PROJECT PROPOSE A UTILITY LINE PARALLEL TO AND WITHIN THE CRITICAL WATER QUALITY ZONE? ......................................................... YES*** NO ***If yes, then riparian restoration is required by LDC 25-8-261(E) or City Code 30-5-261(E) and a functional assessment must be completed and attached to the ERI (see ECM1.5 and Appendix X for forms and guidance). 8. There is a total of (#’s) Critical Environmental Feature(s)(CEFs) on or within150 feet of the project site. If CEF(s) are present, attach a detailed DESCRIPTION of the CEF(s), color PHOTOGRAPHS, the CEF WORKSHEET and …
Appeal Regarding the Urban Forester’s decision on two Cottonwood trees 42” and 20” Trees Located in the Right of Way on Crown Ct, Austin TX INTENDED PURPOSE OF APPEAL: • To communicate and demonstrate the serious issues that these trees cause to the City and property owners of Crown Ct. • To demonstrate that removal of these trees is necessary and warranted. • To elicit change to the “processes and procedures” employed by the Urban Forester regarding removal of Public Trees. • Property owners have no rights under the current rules. SUBJECT TREES & LOCATION – Crown Ct, Austin TX A/C Unit 34” 20” 42” >19” 4 Large Cottonwood Trees – All 4 are female trees that produce “Cotton Fuzz” A/C Unit 34” 20” 42” >19” Background Information on Cottonwood Trees • It is well documented that cottonwood trees are hazardous trees that are prone to rot from the inside out, with no visible signs of this decay on the outside of the tree. Trunk analysis is necessary to determine the extent of decay. • Their roots are known to damage pipes and other infrastructure. • Their “cotton fuzz” seeds are a serious fire hazard and nuisance for municipalities and property owners. • Hundreds, if not thousands, of municipalities in the US have banned these trees for the above reasons. “The Dirt Doctor” Article on Cottonwood Trees: • The author, Howard Garret is: • Nationally syndicated Organic Gardening talk show host • Arborist and specialist in natural organic tree care • Columnist for the Dallas Morning News • Author of 15 books on organic gardening, landscaping and pest control • Chairman of Texas Organic Research Center (TORC) • Organic Advisory Board Texas Department of Agriculture • https://www.dirtdoctor.com/garden/Cottonwood_vq924.htm The Dirt Doctor – Cottonwood Trees • FINAL SPACING: Do not plant • IDENTIFICATION INFORMATION: Cottonwood is a very fast growing, upright messy tree. It sends out cotton all over the place in the spring, has brittle wood and it has large limbs. Its root system is extremely shallow, ravenous and destructive. It normally will have quite a bit of dead wood in the tree. • PROBLEMS: Cottonwood is short lived, has a destructive root system and the cottony seed from the female plant is a nuisance and damaging to electrical appliances. Stressed trees are commonly attacked by borers. The root system is susceptible to cotton root rot and other root diseases. This …
City of Austin Public Works Department ISA Certified Arborist, TX 3735-A Tree Risk Assessment Qualified Environmental Commission To: From: Lisa Killander Date: November 13, 2020 Re: Denial of request to remove –20-inch Cottonwood in the Right-of-Way (ROW) located at 13213 Villa Park Drive, Austin, Texas Posting Language: Consider a request from a private property owner, Patrick Fulker to appeal the Urban Forester’s denial of application for an administrative approval, as provided for in City Code Section 6-3-91, to remove public trees located at 13213 Villa Park Drive, Austin, Texas 78729. City’s Determination: Denial of request to remove the following Public Tree: 20” COTTONWOOD TREE LOCATED WITHIN CITY ROW 13213 VILLA PARK DRIVE, AUSTIN, TEXAS 78729 Right of appeal: A person may appeal a denial to remove a Public Tree to the Environmental Commission under City Code Section 6-3-91. Action required of this Commission on appeal: The Commission may overrule, sustain, or modify the determination. City Code Section 6-3-93. Summary of the Title 6 Process: Prior to removing a tree on public property, a person must obtain approval from the Urban Forester. The Urban Forester will review the request and either approve or deny the request in accordance with City Code 6-3-73. If the Urban Forester denies the request to remove a public tree, a person may appeal the denial to the Environmental Commission. During the hearing on the appeal, both staff and the person appealing the Urban Forester’s decision may present written information and address the Commission. Following the hearing on the appeal, City Code 6-3-91 requires that the Environmental Commission sustain, modify, or overrule the Urban Forester’s decision regarding the tree/s in question. Background and Discussion In January 2020, Patrick Fulker, homeowner at 13213 Villa Park Dr, applied to the Development Services Department (DSD) for a permit to remove two protected Cottonwood trees, sizes 34 and 20 inches diameter at breast height (DBH). DSD forwarded the request to Public Works Forestry (PWF) to make a determination of ownership. On January 24, the site was visited by a Forestry Inspector who is also an ISA Certified Arborist. PWF informed DSD that the trees were in the ROW and should be preserved. DSD denied the permit as the trees were located in the City ROW and PWF determined the trees should remain. In May, Mr. Fulker reached out to the PWF Program Manager directly to ask about options for removing the …
Versión en español a continuación. Special Meeting of the Applicant Review Panel 11/20/2020 Applicant Review Panel to be held 11/20/2020 with Social Distancing Modifications Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (11/19/2020 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the 11/20/2020 Applicant Review Panel Meeting, members of the public must: •Call or email the board liaison at 512-974-7665 and matthew.dugan@austintexas.gov no later than noon, (the day before the meeting). The information required is the speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, and a telephone number or email address. •Once a request to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to matthew.dugan@austintexas.gov by Noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •If this meeting is broadcast live, residents may watch the meeting here: http://www.austintexas.gov/page/watch- atxn-live Reunión del Applicant Review Panel FECHA de la reunion (11/20/2020) La junta se llevará con modificaciones de distanciamiento social Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación (11/19/2020 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los miembros del público deben: • Llame o envíe un correo electrónico al enlace de la junta en 512-974-7665 and matthew.dugan@austintexas.gov a más tardar al mediodía (el día antes de la reunión). La información requerida es el nombre del orador, los números de artículo sobre los que desean hablar, si están a favor / en contra / neutrales, y un número de teléfono o dirección de correo electrónico. • Una vez que se haya llamado o enviado por correo electrónico una solicitud para hablar al enlace de la junta, los residentes recibirán un correo electrónico o una llamada …
Appeal Regarding the Urban Forester’s decision on removal of a Cottonwood tree 20” Tree Located in the Right of Way on Crown Ct, Austin TX 1 What Complications Arise from Cottonwood Trees? Joshua Wilke | July 1, 2019 Cottonwoods are a trouble-making tree for many reasons. They have those irritating seeds that float into every nook and cranny, and sticky buds that fall off everywhere. These buds are troublesome to get off of cars and will stain carpets yellow if tracked inside. Even though they can practically grow all over the United States and in many environments, cottonwoods are not as resilient as they seem. They are a fast-growing species. In fact, they are the fastest growing trees in North America, growing 6 feet or more in height per year. This puts them at risk for having weaker, more porous wood than other types of trees. They have a propensity to be penetrated by infestations, to rot, and to break more easily. Because their weak wood is more likely than other trees to be diseased, rotten, or bug infested, they are more likely to die, break, and fall. The summer season is especially dangerous as it is a time when cottonwoods are growing too fast for their own good, thus making them more vulnerable to breakage. Because they grow so easily and quickly in many places, their root systems are likely to spread where they shouldn’t and tear underground things, like pipes, apart. They also are a major culprit in the destruction of wetlands and retaining ponds. https://www.skyhightreeremoval.com/2019/07/01/what‐complications‐arise‐from‐cottonwood‐trees/ 2 SUBJECT TREE & LOCATION Crown Ct, Austin TX 34” 20” 3 34” Tree and 20” Tree damaging property owner’s pipes • Property owner provided repair documents and pictures of pipe damage caused by these trees and their roots to the Urban Forester. • Large roots from both trees are on my water line. My pipes have been damaged multiple times. • Urban Forester was immediately dismissive of these facts. 4 5 34” Tree – roots visibly bending water valves on the surface. Urban Forester was not persuaded with this fact. 6 Root was excavated by Austin Water – Roots are clearly destroying pipes. 7 8 Large root from 20” Cottonwood tree over my water main. 9 Large root from 20” Cottonwood tree over my water main. Yellow line indicates approximate location of water line. 10 URBAN FORESTER RE‐ASSESSMENT OF SITUATION: • …
Lady Bird Lake - Canterbury at Mildred Street and Utility Repair Subproject - 10613.007 Parks and Recreation Board - LFPC Location Map Canterbury-Mildred Project Scope of Work Mildred Elementary School Phase 1 - Primary Project Area • Expose 6X9’ storm drain, wrap joints, backfill with CLSM and flex base. Full street depth/width reconstruction + curb & gutter Storm Drain Upgrades • • • • 15” to 36” mains 15”to 18” laterals, 5 ft to 10 ft inlets • Water Upgrades - 6” CI to 8” CI • WW Replacement - @ 8” alley crossing only Phase 2 - Additional Utility Upgrades Storm drains - 15” to 42” mains Water – 6” to 8” WW – replace @ alley crossing (2) i S t a g n g A r e a C o n s t r u c t i o n P o t e n t i a l Phase 1 - Additional Street Reconstruction Metz Park Problem Description • July 7, 2020 Austin Water (AW) had a waterline break on the block of Mildred St between Canterbury St and Willow St. • This incident resulted in failure and collapse of the street at break location along with differential settling of pavement along a 6’x9’ storm drain box constructed in 2010 • AW made repairs to sinkholes with backfill and cold mix to stabilize the roadway • Segments of both Canterbury and Mildred Streets require mitigation to achieve permanent stabilization of the roadways Problem Photos Parkland Area Use Request Questions?
Applicant Review Panelist Oath of Office I, _________(State your name)_, do solemnly swear or affirm, that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment as a reward to secure my appointment or confirmation thereof; and that I will faithfully execute the duties of the office of Applicant Review Panel of the City of Austin, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States, the State of Texas, and of this City.
Determination of the Most Qualified Applicants for Independent Citizens’ Applicant Review Panel Redistricting Commission Interpretation of City Charter Article 11 (A) May 16, 2013 Background On November 16, 2012, City of Austin voters approved a city charter amendment which provides for the election of city council members from 10 geographical single-member districts, beginning with the election in November 2014. The boundaries of the 10 districts will be drawn by an Independent Citizens’ Redistricting Commission (ICRC). Applicants for a position on the ICRC must meet certain requirements, such as being a registered voter in the City of Austin for the previous five years and being free of conflicts of interest. Applicants for the ICRC were required to disclose their voting history (for non-students), current address, voter ID number, and any conflicts of interest. The city auditor reviewed the applications to validate minimum requirements. The charter amendment also created a 3-member Applicant Review Panel (ARP) to evaluate the applications and select the 60 most qualified applicants based on the following criteria: 1. Relevant analytical skills 2. Ability to be impartial 3. Residency in various parts of the City, and 4. Appreciation for the City of Austin’s diverse demographics and geography On March 11, 2013, the city auditor provided the ARP with 450 applications which met the minimum requirements. The applications included free-form questions so the candidates could describe how they meet the criteria in the city charter. This document describes how the ARP evaluated the applicants to determine the most qualified according to the criteria above. Relevant Analytical Skills An applicant does not rank high in this area by merely saying he or she has analytical skills. There must be an indication in his or her occupational, educational or other history which shows experience in using analytical skills. The experience may be gained by running a business, being in occupations which require data analysis or having hobbies which involve analytical skills. Applicants who have a background in analyzing census data, identifying groups with common interests or using mapping software have higher rankings in relevant analytical skills. Ability to be Impartial This criterion must also be demonstrated by life experiences, such as working in groups to reach a decision. A dimension of this criterion is having good communication skills, including listening to all sides of an issue. The applicant could point to experiences where he has set aside his personal interest in favor …
1 ENVIRONMENTAL COMMISSION MOTION 20201120 002a Subject: 2020 Annual Report of City of Austin Parks and Recreation Department Managed Concessions on Town Lake Motion by: Kevin Ramberg Seconded by: Linda Guerrero Date: November 20, 2020 RATIONALE: WHEREAS, the Environmental Commission has received a staff briefing of the 2020 Annual Report of City of Austin Parks and Recreation Department (PARD) Managed Concessions on Town Lake. THEREFORE, the Environmental Commission recommends continuation of the concession contracts on Lady Bird Lake Park with the following; Environmental Commission Conditions: 1. Consistent with the Environmental Commission’s previous recommendations: in the 2021 Annual Report, PARD staff will verify that three years of records for marine waste disposal have been maintained for any entity that pumps waste on Lady Bird Lake, and that these monthly records are included in the public record going forward. 2. PARD staff should review the number of public and private boats that are typically on Lady Bird Lake, and if there is a capacity issue, that should be considered; including consultation with the City of Austin rescue teams and the Watershed Protection Department. 3. PARD should continue working on consistent terms and conditions in the various contracts to the extent 4. Include the waste pump-out data in the 2021 Annual Report. 5. Consider the physical, social, environmental capacity of Lady Bird Lake Park when anticipating 6. Provide an update on any new concessions, including the Seaholm Power Plant and the Zilker Plan. practicable. upcoming solicitations. VOTE 9-0 For: Gordon, Nill, Neely, Bedford, Thompson, Smith, Ramberg, Guerrero, Coyne Against: None Abstain: None Recuse: None Absent: Creel, Maceo Approved By: Linda Guerrero, Environmental Commission Chair 2
ENVIRONMENTAL COMMISSION MOTION 20201120 003a Subject: Concordia University Campus Residence Hall, SP-2020-0038C Motion by: Katie Coyne Seconded by: Wendy Gordon Date: November 20, 2020 RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting a variance from the Lake Austin Watershed Ordinance No. 840301-F, LDC Chapter 9-10, Section 9-10-409(b) - for a cut exceeding four feet; WHEREAS, the Environmental Commission recognizes the applicant is requesting a variance from Lake Austin Watershed Ordinance No. 840301-F, LDC Chapter 9-10, Section 9-10-409(a) – for fill exceeding four feet; and WHEREAS, the Environmental Commission recognizes that staff recommends these variances (with conditions) having determined the required Findings of Fact have been met. THEREFORE, the Environmental Commission recommends the variance request with the following; Staff Conditions: 1. Subject to the Void and Water Flow Mitigation Rule (City Environmental Criteria Manual 1.12.0 and City Standards Specification Manual No. 658S) provision that all trenching greater than 5 feet deep must be inspected by a qualified Texas Professional Geoscientist or their representative; 2. Preserve the top 10 inches of topsoil to be used onsite; and 3. Increased tree mitigation and landscaping for areas of fill to stabilize erosion as shown on landscape plan submitted in this variance packet. VOTE 8-0 For: Gordon, Nill, Neely, Bedford, Thompson, Smith, Guerrero, Coyne Against: None Abstain: None Recuse: Ramberg Absent: Creel, Maceo 1 Approved By: Linda Guerrero, Environmental Commission Chair 2
1 ENVIRONMENTAL COMMISSION MOTION 20201120 003b Subject: Albert H. Ullrich Water Treatment Plant, Revision 2, SPC-03-0005C(R2) Motion by: Kevin Ramberg Seconded by: Perry Bedford Date: November 20, 2020 RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting seven variances from code including: 1) LDC 25-8-261 to allow development in the Critical Water Quality Zone, and by extension in the Water Quality Transition Zone of a Water Supply Rural watershed in the Edwards Aquifer Recharge Zone South [LDC 25-8-452] for: a) Phase 2: switchgear enclosure, duct bank and access drive, and b) Phase 3: containment basin, electric building and related duct banks, sludge changeover facility, 6” water line; 2) LDC 25-8-281 to allow construction within a rimrock Critical Environmental Feature buffer for: a) Phase 2: duct bank and access drive; 3) LDC 25-8-301 to allow construction of a driveway on a slope with a gradient of more than 15 percent for: a) Phase 2: duct bank and access drive; 4) LDC 25-8-302(A)(1) to allow construction of a building on a slope with a gradient of more than 25 percent for: a) Phase 2: switchgear enclosure and b) Phase 3: sludge change-over facility; 5) LDC 25-8-341 to allow cut to sixteen (16) feet for: a) Phase 3: containment basin; 6) LDC 25-8-342 to allow fill to twelve (12) feet for: a) Phase 2: duct bank and access drive; and 7) LDC 25-8-423(C)(1)(a) to allow impervious cover to exceed the 20 percent limit for development in the uplands of a Water Supply Suburban watershed. 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; Staff Conditions: electric station. VOTE 9-0 1. Applicant has designed permanent diversion and dissipation for the existing concentrated flow from the 2. Applicant has designed the rain gardens to avoid and preserve significant trees and has agreed to revegetate the rain gardens with native plants. 3. Applicant has redesigned the proposed road to preserve the wetland at the base of the rimrock. For: Gordon, Nill, Neely, Bedford, Thompson, Smith, Guerrero, Coyne, Ramberg Against: None Abstain: None Recuse: None Absent: Creel, Maceo Approved By: Linda Guerrero, Environmental Commission Chair 2
1 ENVIRONMENTAL COMMISSION MOTION 20201120 003c Subject: Appeal request from Patrick Fulker at 13213 Villa Park Drive Motion by: Kevin Ramberg Seconded by: Linda Guerrero Date: November 20, 2020 RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant’s request for the Commission to consider a request from a private property owner, Patrick Fulker to appeal the Public Works Urban Forester’s denial of application for an administrative approval, as provided in City Code Section 6-3-91, to remove a 20-inch public tree located at 13213 Villa Park Drive, Austin, Texas 78729. WHEREAS, the Environmental Commission recognizes that City of Austin Urban Forester staff have denied the request to remove the 20-inch cottonwood tree in public ROW at the above-noted address; and WHEREAS, the Environmental Commission may overrule, sustain or modify the determination per City Code Section 6-3-93. THEREFORE, the Environmental Commission recommends sustaining the denial of the request to remove the public tree based on the following justification; 1) 2) Per City staff, the 20-inch cottonwood is in good health and within public right of way; and with the following understanding that it is not the Environmental Commission’s wishes to disallow the property owner from the same right to appeal of this decision in the future if more conclusive evidence of conflicts from the 20-inch cottonwood and Mr. Fulker’s waterline can be presented. VOTE 9-0 For: Gordon, Nill, Bedford, Thompson, Smith, Guerrero, Coyne, Maceo, Ramberg Against: None Abstain: None Recuse: None Absent: Creel, Neely Approved By: Linda Guerrero, Environmental Commission Chair 2
