Environmental Commission Regular Meeting of the Environmental Commission - Meeting to be held with Social Distancing Modifications. See agenda for details.
Regular Meeting of the Environmental Commission September 2, 2020 at 3:00 P.M. Environmental Commission to be held September 2, 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, September 1, 2020 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the September 2, 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 Reunión del Environmental Commission Fecha de la reunion (2 de septiembre de 2020 a las 3:00 P.M.) 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 (1 de septiembre de 2020 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los residentes deben: • Llame o envíe un correo electrónico al enlace de (512) 690-6729, Kaela.Champlin@gmail.com 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 …
VARIANCE REQUESTS & ASSOCIATED CONDITIONS Appropriateness (Findings of Fact) Findings for Land Commission Variances: (2) development subject to similar code requirements; the variance: (a) (A)(1) the requirement will deprive the applicant of a privilege available to owners of other similarly situated property with approximately contemporaneous 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; is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; and (b) (c) does not create a significant probability of harmful environmental consequences; and (3) development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Additional Findings for Stream Buffers: (1) (2) (3) the criteria for granting a variance in Subsection (A) are met; the requirement for which a variance is requested prevents a reasonable, economic use of the entire property; and the variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. GLOSSARY BSZ CEF CWQZ DDZ Dev’t ERM Barton Springs Zone Critical Environmental Feature Critical Water Quality Zone Desired Development Zone Development Environmental Resource Management (WPD) ETJ Extra Territorial Jurisdiction IC Impervious Cover NSA NSA ROW SFR SOS WQ Net Site Area Net Site Area Right of Way Single Family Residential Save Our Springs Water Quality WQTZ WS Rural Water Quality Transition Zone Water Supply Rural IPM Integrated Pest Management WS Suburban Water Supply Suburban MFR Multifamily Residential Wshed Watershed Revised 2020 Page 1 of 4 VARIANCE REQUESTS & ASSOCIATED CONDITIONS Structural containment (retaining walls) – REQUIRED Similar to Cut & Fill Code Requirements Intent of Code Suggested Conditions Examples Max 4 feet cut & fill allowed (except Encourage design within unlimited under buildings, when constructing a WQ pond, or within a ROW) the land constraints Maintain slope stability Prevent loss of site Structural containment (retaining walls) Restoration and revegetation Terracing (expands footprint, disturbance, and tree removal) Variance Request Cut & Fill 25‐8‐341 25‐8‐342 Construction on Slopes 25‐8‐301 25‐8‐302 (CWQZ & WQTZ) 25‐8‐261 25‐8‐322 25‐8‐452 25‐8‐483 Must restore & stabilize cut & fill areas Up to 8 ft. administrative variance allowed in DDZ if not located on a slope gradient >15% …
Variance Conditions Briefing to the Environmental Commission Atha Phillips Environmental Officer’s Office Condition: Plant at least 800 trees on-site • What size of tree? • What kind of tree? Shade or ornamental? • Irrigation required? • Maintenance plan? • Can these trees count towards other landscape code requirements? Condition: Demonstrate a black land prairie land restoration • Where? • How many acres? • Irrigation required? • Maintenance plan? • Can this count towards required mitigation on site? Condition: Investigate the restoration of the riparian area of Dry Creek • What is the product of the investigation? • This condition doesn’t require the applicant to produce plans, obtain a permit, or ultimately restore the creek Condition: Perform restoration of the riparian area of Dry Creek by working with partners such as Texas A&M • This condition is adding a complicating factor for the applicant. • What if partners aren't readily available or don’t want to work on this project? • Requiring applicant to work with staff is a more reliable scenario that will produce the same or better results. Unenforceable conditions: • Consider amenities near the trails such as water fountains • The tree care plan shall be increased to five years • Reuse the wood from the removed trees on the site in the form of something other than mulch as a public benefit Tips for Success: Ask yourself: 1. What are you trying to accomplish? 2. Is the goal related to the variance? 3. Has the condition been clearly identified? 4. Is the condition specific? 5. Is the condition enforceable? Ask staff if you need help or want us to review for the condition to meet the five items listed above. Questions? Contact: Atha Phillips (512)974-2132 Atha.Phillips@austintexas.org VARIANCE REQUESTS & ASSOCIATED CONDITIONS Appropriateness (Findings of Fact) Findings for Land Commission Variances: (2) development subject to similar code requirements; the variance: (a) (A)(1) the requirement will deprive the applicant of a privilege available to owners of other similarly situated property with approximately contemporaneous 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; is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; and (b) (c) does not create a significant probability of harmful environmental consequences; and (3) development with the …
2020 Aust in Climat e Equit y Plan Sept ember 2020 Summary ● We’ve been updating the Community Climate Plan o First draft has been internally reviewed o Draft for public comment coming out next week – full and summary documents. o Council in October ● What we’re looking for from you: ○ Comments ○ Areas of Interest ○ Pledge of Support 2015 Communit y Climat e Plan Adopt ed by Council in June 2015 Electricity & Natural Gas Transportation & Land Use Materials & Waste Management 135 qualitative actions directed at departments 2017 Travis County Carbon Footprint 12.5 million metric tons carbon dioxide-equivalent Industrial Processes How w as t his plan updat e creat ed? • • • • • • • • 24 City Staff 120 Community Members (NGO, Govt., Business) 12 Ambassadors 4 Equity Trainings 5 Community Workshops (over 250 attendees) 14 Steering Committee Meetings 60+ Advisory Group Meetings 50+ Interviews by Ambassadors St eering Commit t ee Members Co-Chairs Mayuri Raja, AZAAD, Google Shane Johnson, Sierra Club Katie Coyne, Asakura Robinson Susana Almanza, PODER Joep Meijer, Citizen Jim Walker, Univ. of Texas Rocio Villalobos, Equity Office Drew Nelson, Mitchell Foundation Rodrigo Leal, Guidehouse Rene Renteria, Citizen Kaiba White, Public Citizen Lauren Peressini, Sunrise Movement Shawanda Stewart, Huston-Tillotson Univ. Kenneth Thompson, Solar Austin Ben Leibowicz, Univ. of Texas Suzanne Russo, Pecan Street Inc. Pooja Sethi, Sethi Law Darien Clary, AISD Alberta Phillips, Joint Sustainability Committee, ECHO AG Representatives: Nakia Winfield, Brandi Clark Burton, Karen Magid, Kurt Stogdill, and Nick Kincaid A Hist ory of Inequit ies t hat Remains Today • • • • • The Austin 1928 Master Plan divided the city along racial lines, forcibly displacing Black residents into specific, undesirable areas. The Tank Farm fuel storage facility, Eastside Landfill, and the Holly Power Plant exposed people of color to toxic pollution in East Austin neighborhoods. Gentrification is taking place in parts of the city where low-income people and people of color have been forced to live, the African-American share of the Austin population declined from 12% in 1990 to 7.7% in 2010. As of 2015, 52% of white Austin residents were homeowners, only 27% of African-American and 32% of Hispanic/Latinx residents owned homes. Cases of COVID-19, hospitalization and mortality rates are disproportionately affecting Latinx and Black communities W e are Changing t he Eart h’s Climat e could be Warming over 2 catastrophic to …
ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: NAME & NUMBER OF PROJECT: NAME OF APPLICANT OR ORGANIZATION: September 2, 2020 1010 Clermont; SP-2019-0328C Jim Schissler; Civilitude LLC LOCATION: 1010 Clermont Avenue, Austin TX, 78702 COUNCIL DISTRICT: District # 3 ENVIRONMENTAL REVIEW STAFF: WATERSHED: REQUEST: Hank Marley, Environmental Review Specialist Senior, Development Services, 512-974-2067, hank.marley@austintexas.gov Lady Bird Lake Watershed, Urban, Desired Development Zone Variance request is as follows: Request to vary from LDC 25-2-735(D) to allow impervious cover greater than 40% in the Festival Beach Waterfront Overlay – outside of the Primary and secondary setback areas – without having met specified criteria for allowing 70% maximum allowable impervious cover. STAFF RECOMMENDATION: Staff recommends this variance, having determined the findings of fact to have been met. STAFF CONDITION: Provide water quality treatment with the proposed project such that the proposed development pollutant load will be lower than the existing conditions pollutant load. A rain garden will be constructed to provide treatment for the runoff from the building and porous pavement will be constructed to provide treatment for the runoff from the parking lot and the onsite sidewalks. Provide specific window glazing on office building to reduce potential of bird strikes. All trees planted on site will be tree species native to central Texas. Development Services Department Staff Recommendations Concerning Required Findings Project Name: 1010 Clermont; SP-2019-0328C Ordinance Standard: Watershed Protection Ordinance Variance Request: For exceeding 40% impervious cover in the Festival Beach Waterfront Overlay – outside of the primary and secondary setback areas – without having met specified criteria for allowing 70% maximum allowable impervious cover in accordance with LDC 25-2-735(D). Include an explanation with each applicable finding of fact. A. Land Use Commission variance determinations from Chapter 25-8-41 of the City Code: 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. Yes The site is a former used car sales lot. This project proposes an administrative and office building use similar to many developments throughout the Urban watershed regulation area where watershed impervious cover limits are defined by zoning. This project site happens to also be located within the Festival Beach Waterfront Overlay – outside of the primary and secondary set back areas – requiring it to be limited to 40% impervious cover in accordance with LDC 25-2-735(D), unless it …
M E M O R A N D U M TO: Chair Guerrero and Members, Austin Environmental Commission August 25, 2020 1010 Clermont waterfront overlay variance request, SP-2019-0328C Christopher Herrington, P.E., Environmental Officer Watershed Protection Department FROM: DATE: SUBJECT: The purpose of this memo is to provide additional background information on the request for a variance to exceed allowable impervious cover in the Festival Beach Waterfront Overlay Subdistrict for 1010 Clermont (SP-2019-0328C). Staff are recommending the variance request with conditions, as noted in the backup materials for this item on the September 2, 2020, Environmental Commission meeting agenda. This type of variance is not frequently considered by the Environmental Commission, and the required findings per City Code are different for this type of variance than the more typical environmental variances considered by the Environmental Commission. The subject property is within the Festival Beach Subdistrict, but outside of the primary and secondary setbacks. Austin City Code 25-2-735 (Festival Beach Subdistrict Regulations) limits impervious cover to 40% for properties outside of the primary and secondary setbacks and less than 15 acres in size. Austin City Code 25-2-713 (Variances) allows applicants to request approval of the Land Use Commission for a variance to some Waterfront Overlay Subdistrict regulations, including impervious cover limits. Austin City Code 25-2-721 (Waterfront Overlay (WO) Combining District Regulations) requires the Land Use Commission to consider a recommendation from the Environmental Commission on this type of variance request. The Land Use Commission may approve this type of variance request if: • The proposed project and variance are consistent with the goals and policies of the Town Lake Corridor Study, including environmental protection, aesthetic enhancement, and traffic; and • The variance is the minimum required by the peculiarities of the tract. The purpose of the Waterfront Overlay is to implement the goals and policies of the1985 Town Lake Corridor Study, as noted in Austin City Code 25-2-710 (Goals and Policies). The 1985 Town Lake Corridor Study and resulting Waterfront Overlay were intended to promote development near the lake that is “in harmony with protecting the waterfront” and “encourages excellence in urban design.” For your reference, here are links to portions of the 1985 Town Lake Corridor Study most relevant to this case: • Overall Natural and Cultural Resources; Overall Goals and Policy Recommendations: o http://www.austintexas.gov/edims/document.cfm?id=162481 • Festival Beach Subzone Existing Conditions and Recommendations: o http://www.austintexas.gov/edims/document.cfm?id=162483 • Summary and Implementation: o http://www.austintexas.gov/edims/document.cfm?id=162487 …
1010 CLERMONT SP-2019-0328C Hank Marley Environmental Review Specialist Senior Development Services Department 1 PROPERTY DATA • 0.26 acres • Urban • Lady Bird Lake Watershed • Desired Development Zone • Austin Full Purpose • Not located over Edwards Aquifer Recharge Zone • No Critical Environmental Features • Current code regulations apply 2 SP-2019-0328C 1010 Clermont Ave. 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. 0 5 10 Miles[ 3 Vicinity Exhibit Existing conditions 4 Existing conditions 5 Existing conditions 6 Proposed Site Plan Enlargement 7 VARIANCE REQUEST 1. To exceed allowable impervious cover of 40% in the Festival Beach Waterfront Overlay without having met specified criteria for allowing 70% maximum allowable impervious cover (LDC 25-2-735(D)). 8 FINDINGS OF FACT (LDC 25-8-41) 9 Findings of Fact LDC 25-8-41 • 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: Yes. The site is a former used car sales lot. This project proposes an administrative and office building use and has a zoning district designation of Community Commercial (GR) which would normally enable a development with up to 90% impervious cover within the City’s zoning jurisdiction that falls within the Urban watershed regulation area. However, this project happens to also be located within the Festival Beach Waterfront Overlay – outside of the primary and secondary set back areas (See slide #11) – requiring it to be limited to 40% impervious cover, unless it can meet certain criteria such as containing congregate care and retail uses on 15 acres or more. Since these requirements are not feasible for this site and since the site is so small (.26 acres) achieving the 40% maximum allowable impervious cover isn’t feasible either and would deprive the applicant of a privilege available to owners of similarly situated property. Furthermore, there are other factors constraining the developability of the site such …
ENVIRONMENTAL COMMISSION MOTION 202000902-003a Seconded by: Mary Ann Neely Date: September 2, 2020 Subject: Community Climate Plan 2020 Revision Motion by: Katie Coyne RATIONALE: WHEREAS, the Austin Community Climate Plan includes a schedule for reporting and updates, with a full plan revision in 2020; WHEREAS, the harmful effects of climate change, including floods, droughts, heat waves and wildfires, are worsening in the Austin area and around the world; WHEREAS, the “Global Warming of 1.5 °C” issued in 2018 by the UN Intergovernmental Panel on Climate Change illustrates that keeping the average global temperature increase to 1.5 degrees Celsius will help to avoid severe effects of climate change, including ecosystems collapsing, that will very likely occur if warming reaches 2 degrees Celsius; WHEREAS, low-income communities and communities of color in Austin and around the world are the most impacted by extreme weather and pollution despite having contributed least to the drivers of climate change and pollution; WHEREAS, harmful land use and the refusal to create or enforce real environmental regulations continue to disproportionately expose communities of color to environmental harms, leading to unjust quality of life outcomes both historically and today; WHEREAS, low-income communities and communities of color must be prioritized to receive the disproportionate benefits of the transition to a pollution-free society to remedy disproportionate harm done historically and presently; WHEREAS, if we design and implement programs to serve low-income communities and communities of color, we will positively impact all residents in the Austin area; WHEREAS, the Paris Agreement within the United Nations Framework Convention on Climate Change set a goal of “keeping a global temperature rise this century well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit the temperature increase even further to 1.5 degrees Celsius”; 1 WHEREAS, current international, federal, state and local commitments to greenhouse gas reduction fall short of what is needed to keep average global warming to either 1.5 or 2 degrees Celsius and the UN Intergovernmental Panel on Climate Change’s “Emissions Gap Report 2019” illustrates the significant magnitude in the gap between international commitments and needed emissions reductions; WHEREAS, the City of Austin is a member of C40 Cities, a network of global cities committed to addressing climate change; WHEREAS, C40 Cities has developed guidance for cities on setting greenhouse gas reduction goals that are based in science and equitable in the global context, and according to that methodology, …
ENVIRONMENTAL COMMISSION MOTION 202000902-004a Date: September 2, 2020 Subject: 1010 Clermont Avenue, SP 2019-0328C Motion by: Kevin Ramberg Seconded by: Linda Guerrero RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting a variance from City Code 25-2-735(D) to allow impervious cover greater than 40% in the Festival Beach Waterfront Overlay – outside of the primary and secondary setback areas – without having met specified criteria for allowing 70% maximum allowable impervious cover; WHEREAS, the Environmental Commission recognizes the 0.26-acre lot currently contains approximately 81% impervious cover without onsite water quality treatment and has historically been used a used car lot; and WHEREAS, the Environmental Commission recognizes that staff recommends this variance having determined the required Findings of Fact have been met. THEREFORE, the Environmental Commission recommends the variance request with the following: Staff Conditions: 1. Provide water quality treatment with the proposed project such that the proposed development pollutant load will be lower than the existing conditions pollutant load. A rain garden will be constructed to provide treatment for the runoff from the building and porous pavement will be constructed to provide treatment for the runoff from the parking lot and the onsite sidewalks. 2. Provide specific window glazing on the office building to reduce potential of bird strikes. 3. All trees planted on site will be tree species native to central Texas. VOTE 9-0 For: Bedford, Smith, Thompson, Nill, Neely, Coyne, Maceo, Guerrero, and Ramberg Against: None Abstain: None Recuse: None Absent: Creel, Gordon 1 Approved By: Linda Guerrero, Environmental Commission Chair 2
2. ENVIRONMENTAL COMMISSION MEETING MINUTES Wednesday, September 2, 2020 The Environmental Commission convened in a public meeting on Wednesday, September 2, 2020 with Social Distancing Modifications via remote video conferencing. Commissioners in Attendance: Ryan Nill Curtis Smith Pam Thompson Kevin Ramberg Linda Guerrero Perry Bedford Katie Coyne Peggy Maceo Mary Ann Neely Commissioners Absent: Andrew Creel Wendy Gordon Staff in Attendance: Robert Anderson Zach Baumer Sammi Curless Kaela Champlin Chris Herrington Hank Marley Atha Phillips CALL TO ORDER Commissioner Guerrero called the meeting to order at 3:04 P.M. 1. APPROVAL OF MINUTES AND ACTION a. Approval of the August 19, 2020 Environmental Commission Meeting Minutes (5 minutes) The minutes of the August 19, 2020 Environmental Commission meeting were approved on Commissioner Ramberg’s motion, Commissioner Thompson’s second on a 10-0 vote. Commissioner Creel was absent. STAFF BRIEFINGS a. Briefing on Variance Conditions—Atha Phillips, Environmental Officer’s Office (30 minutes) Item conducted as posted. No action taken. 1 3. 4. ITEMS FOR CONSIDERATION AND POSSIBLE ACTION a. Discuss and consider a recommendation in support of the Community Climate Plan 2020 Revision—Zach Baumer, Climate Protection Manager, Office of Sustainability (30 minutes) A recommendation to adopt the Climate Equity Plan was approved on Commissioner Coyne’s motion, Commissioner Neely’s second on a 9-0 vote. Commissioners Creel and Gordon were absent. PUBLIC HEARINGS AND POSSIBLE ACTION a. Name: 1010 Clermont; SP-2019-0328C Applicant: Jim Schissler; Civilitude LLC Location: 1010 Clermont Avenue, Austin TX, 78702 (District 3) Staff: Hank Marley, Environmental Review Specialist Senior, Development Services Department Watershed: Lady Bird Lake Watershed, Urban, Desired Development Zone Request: Variance request is as follows: Request to vary from LDC 25-2-735(D) to allow impervious cover greater than 40% in the Festival Beach Waterfront Overlay – outside of the Primary and secondary setback areas – without having met specified criteria for allowing 70% maximum allowable impervious cover. Staff Recommendation: Staff recommends this variance with conditions. (30 minutes) Motion to close by Guerrero, second by Ramberg on a 9-0 vote. Commissioners Creel and Gordon were absent. A motion to recommend the variance request with conditions was approved on Commissioner Ramberg’s motion, Commissioner Guerrero’s second on a 9-0 vote. Commissioners Creel and Gordon were absent. 5. COMMITTEE REPORTS a. Urban Growth Policy and Water Quality Protection Committee – Pam Thompson, Kevin Ramberg, Mary Ann Neely, Curtis Smith, and Perry Bedford b. Urban Forestry Committee – Peggy Maceo, Pam Thompson, Linda Guerrero, and Mary Ann Neely …
