Environmental Commission - June 3, 2020

Environmental Commission Regular Meeting of the Environmental Commission - Remote meeting to be held with social distancing modifications. See agenda for details.

Agenda original pdf

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Regular Meeting of the Environmental Commission June 3, 2020 at 3:00 P.M. Environmental Commission to be held June 3, 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 (day before the scheduled meeting, June 2, 2020 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the June 3, 2020 Environmental Commission Meeting, residents must: •Call or email the commission liaison at: Kaela Champlin (512) 974-3443 or Kaela.Champlin@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 Kaela.Champlin@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. •Residents may watch the meeting here: http://www.austintexas.gov/page/watch-atxn-live 1 2. 3. 4. 5. Regular Meeting of the Environmental Commission June 3, 2020 3:00 P.M. To 4:30 P.M. VIA VIDEOCONFERENCING http://www.austintexas.gov/page/watch-atxn-live Andrew Creel (D-1) Curtis Smith (D-2) Pam Thompson (D-3) Ryan Nill (D-4) Mary Ann Neely (D-5) Katie Coyne (D-6) Peggy Maceo (D-7) Linda Guerrero (D-9) Chair _________________________________________________________________________________ (Mayor) Vice Chair Wendy Gordon (D-10) Perry Bedford Kevin Ramberg (D-8) Secretary Agenda COMMISSIONERS: CALL TO ORDER 1. EDUCATION a. None APPROVAL OF MINUTES AND ACTION a. Approval of the March 4, 2020, April 15, 2020, and May 20, 2020 Environmental Commission Meeting Minutes (5 minutes) ENVIRONMENTAL OFFICER’S UPDATE ON PAST COMMISSION ACTIONS AND REPORT ON ITEMS OF INTEREST a. None STAFF BRIEFINGS* a. None ITEMS FOR CONSIDERATION AND POSSIBLE ACTION a. None 2 6. PUBLIC HEARINGS AND POSSIBLE ACTION a. Name: Springdale Farms, SP-2019-0253C Applicant: Casey Giles, P.E., Storybuilt Location: 755 Springdale Road, Austin, Texas 78702 (District 3) Staff: Kristy Nguyen, Environmental Review Specialist Senior, Development Services Department Watershed: …

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20200520-006c: Ledgestone WW SER #4622 Memo original pdf

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ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: June 3, 2020 NAME & NUMBER OF PROJECT: Ledgestone Wastewater Service Extension Request #4622 NAME OF APPLICANT OR ORGANIZATION: Daniel Ryan, P.E. LJA Engineering, Inc. LOCATION: 9021 W US 290 Hwy, Austin, TX 78737 COUNCIL DISTRICT: Austin 2-Mile Extraterritorial Jurisdiction PROJECT FILING DATE: October 17, 2019 WPD/ENVIRONMENTAL STAFF: Kaela Champlin, Environmental Officer’s Office (512) 974-3443, kaela.champlin@austintexas.gov Slaughter Creek Watershed, Barton Springs Zone, Edwards Aquifer Contributing Zone, Drinking Water Protection Zone WATERSHED: REQUEST: STAFF DETERMINATION: Wastewater Service Extension Recommended 1 MEMORANDUM May 21, 2020 Linda Guerrero, Chair, and Members of the Environmental Commission Kaela Champlin, Environmental Officer’s Office Watershed Protection Department TO: FROM: DATE: SUBJECT: Ledgestone Wastewater SER #4622 Service Extension Requests (SER) located in the Drinking Water Protection Zone and outside of the City of Austin’s full purpose jurisdiction require Council approval and review by the Environmental Commission. Watershed Protection Department staff have completed the review for Ledgestone Wastewater SER #4622 and recommend approval of the request. Site Overview The site consists of one tract of approximately 77.78 acres, located at 9021 W US 290 Hwy. The site is in the City of Austin’s Limited Purpose Jurisdiction, the Slaughter Creek Watershed, the Barton Springs Zone, and the Drinking Water Protection Zone. The site is also within the Edwards Aquifer Contributing Zone and is subject to the Save Our Springs (SOS) Ordinance. An Environmental Resource Inventory submitted by the applicant identified no critical environmental features within the property. The applicant is proposing to develop a 550-unit multi-family development. A site plan has not yet been submitted to the City of Austin. Development Impacts Water: The site is located in the water service area of the West Travis County Public Utility Agency (PUA). Wastewater: The applicant shall construct approximately 1,000 feet of 8-inch gravity wastewater main in Circle Dr and extend south along Circle Dr and then west along US 290 to the highest point that can be served by the proposed gravity wastewater main, as approximately shown on the attached map. Applicant shall also construct an appropriately sized public lift station at the approximate location shown on the attached map. Applicant shall construct approximately 6,150 feet of 2 appropriately sized force main from the proposed lift station and extend north through the subject tract and northeast along US 290 Hwy to the proposed 8-inch gravity wastewater main in US 290 Hwy. Applicant shall …

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20200603-006a: SP-2019-0253C Springdale Farms presentation original pdf

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SPRINGDALE FARMS 755 SPRINGDALE RD. AUSTIN, TEXAS 78702 SP-2019-0253C Kristy Nguyen Environmental Review Specialist Senior Development Services Department 1 PROPERTY DATA • 4.85 acres (gross site area) • Full Purpose • Desired Development Zone • Boggy Creek (Urban classification) • Not located over Edwards Aquifer Recharge Zone • No Critical Environmental Features • Current code regulations apply 2 SP-2019-0253C Springdale Farms Site Location Austin ETJ Austin City Limits Edwards Aquifer Recharge Zone Edwards Aquifer Contributing Zone N 3 EXISTING CONDITIONS 4 OVERALL PROPOSED SITE PLAN 5 VARIANCE REQUEST 1. To allow development in a CWQZ (LDC 25-8-261) 6 VARIANCE REQUEST Hammerhead Building overhang Hammerhead 7 FINDINGS OF FACT (LDC 25-8-41) 8 FINDINGS OF FACT (LDC 25-8-41) …the Land Use Commission may grant a variance after determining that: • 1: The requirement will deprive the applicant of a privilege available to owners of similarly situated property with approximately contemporaneous development subject to similar code requirements. • Staff determination: No. Approximately 3.2 acres of the 4.85 acre property are uplands and can be developed without the need for a variance from the Land Development Code. The Land Development Code does not provide an allowance for non- complying development within the CWQZ to maximize the amount of development that can occur on the property. 9 FINDINGS OF FACT (LDC 25-8-41) …the Land Use Commission may grant a variance after determining that: • 2a: The variance is not necessitated by the scale, layout, construction method, or other design decision made by the applicant, unless the design decision provides greater overall environmental protection than is achievable without the variance: • Staff determination: No. Due to the scale of the project to maximize development, the applicant has made a design choice to make use of the CWQZ to address Austin Fire’s code requirement for the hammerheads, which are not allowed by the Land Development Code. Moreover, to increase building square footage, there will be building overhangs over the CWQZ, creating rain shadow effect that would deprive the CWQZ of necessary rainfall and sunlight. The scale and design decisions do not provide greater overall environmental protection. 10 FINDINGS OF FACT (LDC 25-8-41) …the Land Use Commission may grant a variance after determining that: • 2b: The variance is the minimum deviation from the code requirement necessary to allow a reasonable use of the property: • Staff determination: No. In addition to the building overhangs within the CWQZ, …

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20200603-006b: C14-85-288.56(RCA) HWY 71 and Mountain Shadows Restrictive Covenant Amendment backup original pdf

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C14-85-288.56(RCA) 1 RESTRICTIVE COVENANT AMENDMENT CHANGE REVIEW SHEET CASE: C14-85-288.56(RCA) – Highway 71 & Mountain Shadows DISTRICT: 8 EXISTING ZONING: GR-NP (Tract 1) and LR-NP (Tract 2) ADDRESS: 8732, 8624 and 8722 W. State Highway 71 TOTAL SITE AREA: 1.676 acres (Tract 1) and 3.92 acres (Tract 2) PROPERTY OWNER: THT Holdings LLC, (Senthil Rangaswamy and Prithiviraj Loganathan) AGENT: Metcalfe Wolff Stuart & Williams LLP (Michele Rogerson Lynch) CASE MANAGER: Kate Clark (512-974-1237, kate.clark@austintexas.gov) STAFF RECOMMENDATION: Staff recommends amending the Restrictive Covenant as outlined in the Staff Conditions section in Exhibit C: Environmental Officer’s Review. For a summary of the basis of Staff’s recommendation, see case manager comments on Page 2. ENVIRONMENTAL COMMISSION ACTION / RECOMMENDATION: June 3, 2020 Scheduled for Environmental Commission PLANNING COMMISSION ACTION / RECOMMENDATION: June 23, 2020 Scheduled for Planning Commission CITY COUNCIL ACTION: July 30, 2020 Scheduled for City Council RESTRICTIVE COVENANT AMENDMENT RECORDING NUMBER: C14-85-288.56(RCA) 2 ISSUES Neighbors in the area are concerned about the project connecting to Mountain Shadows Drive per the current Restrictive Covenant (RC) requirements. Because this project site is over the Barton Springs Contributing Zone, the Applicant, the Austin Transportation Department (ATD) and the Office of the Environmental Officer have been working closely to come to an agreement on how and when this road should be developed. Mountain Shadows Drive is shown on the Austin Strategic Mobility Plan (ASMP) to be extended from its current terminus to State Highway 71. At this time, ATD is recommending removing the current language in the RC and to defer ROW dedication for this road until submittal of the first subdivision or site plan application. The Applicant has agreed to not take access to any of the existing neighborhood roads for this development project. Therefore, they will be constructing a part of Mountain Shadows Drive from State Highway 71 to their project entrance for their access. They have agreed to only build the portion of the road that will be necessary to provide access for their development and dedicate the remaining ROW to be constructed at a later date. CASE MANAGER COMMENTS: The proposed Restrictive Covenant Amendment (RCA) area is approximately 5.596 acres and is currently undeveloped. It was zoned to GR and LR in 1987. The zoning case included a public Restrictive Covenant (RC) that dictated development standards and permitted land uses for these tracts of land. The applicant is requesting to amend …

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20200603-006b: C14-85-288.56(RCA) Hwy 71 and Mountain Shadows Restrictive Covenant Amendment Slide original pdf

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Highway 71 and Mountain Shadows RCA • Site Area for RCA: • Tract 1: 1.676 acres • Tract 2: 3.92 acres • Site Total: 5.596 acres • Related Rezoning Case: C14-2020-0023 • RR-NP to MF-1-NP (area not part of RCA) • LR-NP and GR-NP to LR-MU-NP • Non-Environmental Amendments by TxDOT; • Mountain Shadow extension no longer required to be built before permits may be issued. • Max. FAR to be same as current code; • Curb cuts (to SH 71) shall be determined RCA Area C14-85-288.56(RCA) TRACT 2 Rezoning Area Additional area combined with RCA Area TRACT 1

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20200603-006c: Ledgestone WW SER #4622 presentation original pdf

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Ledgestone Multifamily Wastewater Service Extension Request #4622 Request Summary • 77.78 acres • 2‐Mile ETJ • Slaughter Creek Watershed, Barton Springs Zone • Located in the Edwards Aquifer Contributing Zone • Drinking Water Protection Zone (DWPZ) SER #4622 SER #4622 Site Location Austin City Limits Austin ETJ Edwards Aquifer Recharge Zone Edwards Aquifer Contributing Zone Site Location Devils Pen Creek Devils Pen Creek SER #4622 Proposed Wastewater Extension Map provided by AWU SER #4622 Summary Alternative Wastewater Service: • The applicant has stated that the site could develop with a similar density with decentralized service with a Texas Land Application Permit (TLAP). Water: • The site is located in West Travis County Public Utility Agency (PUA) for water service. SER Review & Evaluation • Watershed Protection Department and Austin Water Utility developed a set of criteria for evalua(cid:415)ng SERs. • Staff have developed a method for quantitatively evaluating SER applications using a scoring matrix. • The evaluation includes deductions related to environmental conditions on the site and credits for improvements to existing problems the SER could provide. SER Scoring Matrix SERs recommended for approval SERs not recommended for approval Project points ≥ 1 Project points ≤ 0 Ledgestone Multifamily Score: 10 Staff Recommendation Staff recommends approval. Basis for recommendation: Staff review determined that there were no significant environmental risks to extend service to the site. Contact Information Kaela Champlin Watershed Protection Department City of Austin (512) 974‐3443 kaela.champlin@austintexas.gov

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20200603-006c: Ledgestone WW SER #4622 REVISED Memo original pdf

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ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: June 3, 2020 NAME & NUMBER OF PROJECT: Ledgestone Wastewater Service Extension Request #4622 NAME OF APPLICANT OR ORGANIZATION: Daniel Ryan, P.E. LJA Engineering, Inc. LOCATION: 9021 W US 290 Hwy, Austin, TX 78737 COUNCIL DISTRICT: Austin 2-Mile Extraterritorial Jurisdiction PROJECT FILING DATE: October 17, 2019 WPD/ENVIRONMENTAL STAFF: Kaela Champlin, Environmental Officer’s Office (512) 974-3443, kaela.champlin@austintexas.gov Slaughter Creek Watershed, Barton Springs Zone, Edwards Aquifer Contributing Zone, Drinking Water Protection Zone WATERSHED: REQUEST: STAFF DETERMINATION: Wastewater Service Extension Recommended 1 MEMORANDUM May 21, 2020 Linda Guerrero, Chair, and Members of the Environmental Commission Kaela Champlin, Environmental Officer’s Office Watershed Protection Department TO: FROM: DATE: SUBJECT: Ledgestone Wastewater SER #4622 Service Extension Requests (SER) located in the Drinking Water Protection Zone and outside of the City of Austin’s full purpose jurisdiction require Council approval and review by the Environmental Commission. Watershed Protection Department staff have completed the review for Ledgestone Wastewater SER #4622 and recommend approval of the request. Site Overview The site consists of one tract of approximately 77.78 acres, located at 9021 W US 290 Hwy. The site is in the City of Austin’s Limited Purpose Jurisdiction, the Slaughter Creek Watershed, the Barton Springs Zone, and the Drinking Water Protection Zone. The site is also within the Edwards Aquifer Contributing Zone and is subject to the Save Our Springs (SOS) Ordinance. An Environmental Resource Inventory submitted by the applicant identified no critical environmental features within the property. The applicant is proposing to develop a 550-unit multi-family development. A site plan has not yet been submitted to the City of Austin. Development Impacts Water: The site is located in the water service area of the West Travis County Public Utility Agency (PUA). Wastewater: The applicant shall construct approximately 1,000 feet of 8-inch gravity wastewater main in Circle Dr and extend south along Circle Dr and then west along US 290 to the highest point that can be served by the proposed gravity wastewater main, as approximately shown on the attached map. Applicant shall also construct an appropriately sized public lift station at the approximate location shown on the attached map. Applicant shall construct approximately 6,150 feet of 2 appropriately sized force main from the proposed lift station and extend north through the subject tract and northeast along US 290 Hwy to the proposed 8-inch gravity wastewater main in US 290 Hwy. Applicant shall …

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20200603-006a: Springdale Farms SP-2019-0253C Recommendation original pdf

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ENVIRONMENTAL COMMISSION MOTION 20200603-006a Date: June 3, 2020 Subject: Springdale Farms, SP-2019-0253C Motion by: Kevin Ramberg Seconded by: Mary Ann Neely RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting a variance from LDC 25- 8-261 to allow development in a critical water quality zone. WHEREAS, the Environmental Commission recognizes that staff does not recommend this variance, having determined that the findings of fact have not been met. THEREFORE, the Environmental Commission recommends denial of the requested variance from LDC 25- 8-261 to allow development in a critical water quality zone. VOTE 8-1 For: Smith, Neely, Coyne, Maceo, Ramberg, Guerrero, Gordon, and Bedford Against: Thompson Abstain: None Recuse: None Absent: Creel, Nill Approved By: Linda Guerrero, Environmental Commission Chair 1

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20200603-006b: C14-85-288.56(RCA) HWY 71 and Mountain Shadows Recommendation original pdf

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ENVIRONMENTAL COMMISSION MOTION 20200603-006b Date: June 3, 2020 Subject: C14-85-288.56(RCA) - HWY 71 and Mountain Shadows Motion by: Kevin Ramberg Seconded by: Pam Thompson RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant wishes to conduct a public hearing and seeks approval of a restrictive covenant amendment on property locally known as 8732, 8624 and 8722 W. State Highway 71. WHEREAS, the Environmental Commission recognizes that staff recommends granting an amendment to the restrictive covenant. THEREFORE, the Environmental Commission recommends granting an amendment to the restrictive covenant on the property noted above with the following: Environmental Commission Conditions: That the applicant seeks to balance cut and fill onsite in coordination with City of Austin environmental staff. Staff Conditions 1. This application completes the project established by the Restrictive Covenant such that any further development or redevelopment is subject to current code at the time of site development permit application. 2. This project shall comply with current code except for the following exceptions: a. 65% impervious cover on a gross site area shall be allowed for Tracts 1 and 2 as established by the current Restrictive Covenant. b. A 1.25 acre area of Tract 2 shall comply with the Code of 1985 (Rivers, Lakes, and Watercourses) section 9-10-192(g) for construction on slopes as established by the current Restrictive Covenant. The remainder of Tract 2 shall comply with current code for construction on slopes. c. Cut and fill shall not exceed 8 feet for a 1.25 acre area of Tract 2. The remainder of Tract 2 shall comply with current code for cut and fill. 3. All impervious cover shall be treated for water quality under the non-degradation standards of the Save Our Springs Initiative, City Code 25-8, Article 13 (Save Our Springs Initiative), including sizing water quality treatment volumes to account for the future extension of Mountain Shadows Road. 4. The Mountain Shadows Road right-of-way shall be included in the calculation of allowable impervious cover. 1 5. A water quality control for the treatment of development on Tracts 1 and 2 shall be allowed to be located on Tract 1. 6. Restrictions on curb cuts along State Highway 71 for Tract 1 established by the current Restrictive Covenant shall be removed, as access to State Highway 71 is determined by the Texas Department of Transportation. 7. The restrictions on issuance of building permits for Tract 2 contingent upon construction of Mountain Shadows …

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20200603-006c: Ledgestone Wastewater Service Extension Request #4622 Recommendation original pdf

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ENVIRONMENTAL COMMISSION MOTION 20200603-006c Date: June 3, 2020 Subject: Ledgestone Wastewater Service Extension Request #4622 Motion by: Kevin Ramberg Seconded by: Wendy Gordon RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant wishes to conduct a public hearing and seeks approval of a wastewater service extension request on property locally known as 9021 W US 290 Hwy. WHEREAS, the Environmental Commission recognizes that staff review determined that there are no significant environmental risks to extend service to the site and therefore recommends approval of Service Extension Request #4622. THEREFORE, the Environmental Commission recommends approval of Service Extension Request #4622. VOTE 8-0 For: Smith, Thompson, Neely, Coyne, Maceo, Ramberg, Guerrero, and Bedford Against: None Abstain: None Recuse: None Absent: Creel, Nill, Gordon Approved By: Linda Guerrero, Environmental Commission Chair 1

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Approved Minutes original pdf

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3. ENVIRONMENTAL COMMISSION MEETING MINUTES Wednesday, June 3, 2020 The Environmental Commission convened in a public meeting on Wednesday, June 3, 2020 with Social Distancing Modifications via remote video conferencing. Commissioners in Attendance: Curtis Smith Pam Thompson Mary Ann Neely Katie Coyne Peggy Maceo Kevin Ramberg Linda Guerrero Wendy Gordon Perry Bedford Commissioners Absent: Andrew Creel Ryan Nill Staff in Attendance: Kaela Champlin Kate Clark Chris Herrington Kristy Nguyen Colleen Kirk Atha Phillips CALL TO ORDER Commissioner Guerrero called the meeting to order at 3:02 P.M. CALL TO ORDER 1. EDUCATION a. None APPROVAL OF MINUTES AND ACTION a. Approval of the March 4, 2020, April 15, 2020, and May 20, 2020 Environmental 2. Commission Meeting Minutes (5 minutes) The minutes of the March 4, 2020, April 15, 2020, and May 20, 2020 Environmental Commission Meetings were approved on Commissioner Ramberg’s motion, Commissioner Coyne’s second on a 9-0 vote. Commissioner Creel and Nill were absent. ENVIRONMENTAL OFFICER’S UPDATE ON PAST COMMISSION ACTIONS AND REPORT ON ITEMS OF INTEREST a. None 1 4. 5. 6. STAFF BRIEFINGS* a. None ITEMS FOR CONSIDERATION AND POSSIBLE ACTION a. None PUBLIC HEARINGS AND POSSIBLE ACTION a. Name: Springdale Farms, SP-2019-0253C Applicant: Casey Giles, P.E., Storybuilt Location: 755 Springdale Road, Austin, Texas 78702 (District 3) Staff: Kristy Nguyen, Environmental Review Specialist Senior, Development Services Department Watershed: Boggy Creek Watershed, Urban Classification, Desired Development Zone Request: Variance request is as follows: Request to vary from LDC 25-8-261 to allow development in a critical water quality zone Staff Recommendation: Staff do not recommend this variance, having determined that the findings of fact have not been met. (15 minutes) A motion to close the public hearing was approved on Commissioner Ramberg’s motion, Commissioner Gordon’s second on a 9-0 vote. Commissioners Creel and Nill were absent. A motion to recommend denial of the requested variance was approved on Commissioner Ramberg’s motion, Commissioner Neely’s second on a 8-1 vote. Those voting aye were Commissioners Smith, Neely, Coyne, Maceo, Ramberg, Guerrero, Gordon, and Bedford. Commissioner Thompson voted nay. Commissioners Creel and Nill were absent. b. Name: C14-85-288.56(RCA) - HWY 71 and Mountain Shadows Applicant: THT Holdings LLC (Senthil Rangaswamy and Prithiviraj Loganathan). Agent: Metcalfe Wolff Stuart & Williams LLP (Michele Rogerson Lynch) Location: 8732, 8624 and 8722 W. State Highway 71 (District 8) Staff: Kate Clark, Senior Planner, Planning and Zoning Department and Atha Phillips, Environmental Officer’s Office Watershed: Williamson Creek …

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