Environmental Commission Special Called Meeting of the Environmental Commission - Remote meeting to be held with social distancing modifications. See agenda for details.
Special Called Meeting of the Environmental Commission October 21, 2020 at 6:00 P.M. Environmental Commission to be held October 21, 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, October 20, 2020 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the October 21, 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 (21 de octubre de 2020 a las 6:00 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 (20 de octubre 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 la junta en (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 …
Via Electronic Filing Founded by Congress, Republic of Texas, 1839 Watershed Protection Department P.O. Box 1088, Austin, Texas 78767 May 20, 2019 Ms. Bridget C. Bohac Office of the Chief Clerk (MC-105) Texas Commission on Environmental Quality (TCEQ) RE: City of Austin Comments on Application No. WQ0015594001 (Sawyer-Cleveland) Dear Ms. Bohac: I write to provide supplementary comments on the Sawyer-Cleveland Partnership application for a Texas Pollutant Discharge Elimination System Permit (No. WQ0015594001). The application requests approval for a discharge up to 92,000 gallons per day to the Long Branch Tributary of Barton Creek. The City of Austin hopes that TCEQ staff will consider and utilize these comments during the technical review of the proposed permit application. The City reserves the right to amend and supplement these comments. As it concerns this permit application, the City of Austin (“City”) is an affected party. The City requests, as an affected party, notice of subsequent correspondence, proceedings, draft permits, or contested case hearings on this permit. Barton Creek provides recharge to the Edwards Aquifer. Barton Creek currently exceeds fishable/swimmable quality. One of the City’s interests is to prevent degradation of the water quality of Barton Creek and the Barton Springs Segment of the Edwards Aquifer. The City holds a 1,675.7 acre conservation easement in the Barton Creek Watershed downstream of the proposed discharge location, purchased in 1999 using $5,864,950 in voter-approved bond funding. This property has been preserved in perpetuity to protect the integrity of Barton Creek and regional groundwater resources. Additionally, the City is a participant in the Texas Clean Rivers Program and provides water quality monitoring data from Barton Creek to the TCEQ. Attached please find water quality modeling performed by the City of the proposed discharge permit application. The City utilized a Water Quality Analysis Simulation Program (WASP) model to evaluate the water quality impacts of proposed discharge on the Long Branch Tributary to Barton Creek, including the detention ponds within the route of the proposed discharge in the Polo Club neighborhood northeast of the intersection of Polo Club Drive and Pemberton Way (Richter 2018). The WASP modeling predicts that total nitrogen and total phosphorus concentrations downstream of the detention ponds in the Long Branch Tributary will be similar to concentrations exiting the proposed wastewater treatment plant during the majority of the year, and phytoplankton chlorophyll concentrations will be hypereutrophic during algal blooms. a The City of Austin is committed …
Water Quality Impacts from a Proposed Wastewater Discharge to Barton Creek ABEL PORRAS, PE ENVIRONMENTAL RESOURCE MANAGEMENT DIVISION WATERSHED PROTECTION DEPARTMENT OCT 21, 2020 The Proposed TPDES Permit The Sawyer-Cleveland Partnership applied for a TPDES permit The permit would allow treated wastewater effluent to be discharged to a tributary of Barton Creek in the Contributing Zone of the Barton Springs Segment of the Edwards Aquifer Environmental Resource Management Division has modeled this discharge and assessed its impact on the water quality in Barton Creek. The Location of the Discharge The Location of the Discharge The Location of the Discharge The Proposed TPDES Permit The Sawyer-Cleveland Partnership are proposing that their permit: Would authorize a discharge of treated wastewater not to exceed a daily average flow of 92,000 gallons/day; Estimated effluent concentrations of ~22mg/L of Nitrogen and ~4 mg/L of Phosphorus Dripping Springs TPDES permit allowed discharge of treated wastewater not to exceed a daily average flow of 995,000 gallons/day Estimated effluent concentrations of ~6mg/L of Nitrogen and ~0.5 mg/L of Phosphorus The Model We’re interested mostly in the impact on the stream from algae due to N and P. Algae changes the trophic status (or the clarity of the stream). The water quality model looks at flow, light conditions, and nutrient cycling to assess the impacts from nitrogen and phosphorus into algae. We used site-specific data for flow and light. Chlorophyll-a Concentration during Low Flow Conditions Long Branch Barton Creek 0 2 4 6 8 10 12 14 16 18 20 22 24 26 Stream Length (mi) Chlorophyll-a Concentration during High Flow Conditions The Results Long Branch Barton Creek 0 2 4 6 8 10 12 14 16 18 20 22 24 26 Stream Length (mi) 250 200 150 100 50 0 ) 2 m / g m ( 250 200 150 100 50 0 ) 2 m / g m ( n o i t a r t n e c n o C a - l l y h p o r l o h C n o i t a r t n e c n o C a - l l y h p o l r o h C Next Steps • We provided a letter of comments to TCEQ • TCEQ is working on a draft permit based on their own modeling …
WUI Code Environmental Commission Conditions AFD inclusion of Environmental Commission Conditions in Wildland-Urban Interface Code (WUIC): Of the 24 conditions on the Environmental Commission’s September 18, 2019 motion recommending support of the WUIC: 7 will be addressed through administrative rules, 4 were addressed by revising the draft code, 6 are clarified by AFD, 2 are part of existing processes, 1 is in existing regulations, and 4 would be part of AFD’s education and outreach campaign. Summary of AFD response to Environmental Commission conditions: 1 Admin rules 4 Existing process 7 Education and Outreach 10 Clarified by AFD 13 Education and Outreach 16 Clarified by AFD 19 Revised draft code 22 Revised draft code 2 Admin rules 5 Admin rules 8 Admin rules 11 Clarified by AFD 14 Admin rules 17 Clarified by AFD 20 Clarified by AFD 23 AFD program 3 Existing process 6 Existing regulations 9 Revised draft code 12 Admin rules 15 Revised draft code 18 Clarified by AFD 21 Admin rules 24 AFD program AFD responses (in red): 1. Within six months from Council approval of an ordinance, develop best management practices for the WUI Code that shall be added to the City’s technical manual through the rules process. Include the public in several working group meetings prior to the standard rules meeting. AFD has begun drafting rules and will include public where appropriate. Timing is contingent on City rules adoption schedule. Emergency rules are expected to be used on January 1, 2021 while permanent rules are adopted with the Development Services Department rules adoption schedule for Quarter 1. 2. Establish a proactive Firewise process where AFD assesses the fire risk on site for new construction or remodels, prior to doing any tree or vegetation work in defensible space. Do not allow tree or vegetation removal to create defensible space or creation of shaded fuel breaks without prior AFD Firewise assessment. AFD will consider this process during administrative rules development. Existing regulations for vegetation clearing and tree removal will apply. 3. Require hardening new or remodeled buildings and structures before removing trees or vegetation in the defensible space. AFD adopted this approach with support from stakeholders including the Environmental Commission. pg. 1 10/07/2020 WUI Code Environmental Commission Conditions 4. Staff shall proactively review site plans and proposed remodels to avoid removing or damaging trees to provide water or access for emergency …
WUI Code Defensible Space Rule Overview Section 601 rule describes how fire protection requirements, mainly defensible space, could be required: 101.2, Scope, allows use or occupancy to continue if it was legal at time of adoption of the code and does not constitute a distinct hazard. o Code official can require fire protection requirements, including defensible space, for illegal use or distinct hazard. o Distinct hazard also linked by definition to table 502.1, Fire Hazard Severity, and Appendix C, Fire Hazard Severity Form. 101.4, Retroactivity, says code applies to conditions arising on and after the effective date. 107.2.1, Permits Required, describes conditions that would not allow a permit to be issued. A property owner would therefor need to correct at least one of the conditions to be able to obtain a permit; reduce hazard severity, or provide conforming access, water supply or defensible space. o o If defensible space is chosen then Chapter 6 requirements would apply. If reduction of fire hazard severity is chosen then either a vegetation management plan per 502.2 could be provided or Appendix C could be used to reduce the rating score to below 75. Chapter 6 requirements would apply to both a vegetation management plan as well as the defensible space component of Appendix C if it is used to reduce points. 401.3 references general safety precautions and triggers Appendix A by direct reference. Appendix A covers things that are mostly covered by other City regulations but gives the Fire Marshall added authority for certain activities and uses including provision of defensible space: o Vegetation control for Roadways, 10’ clear either side Electrical transmission and distribution lines o Obstruction of access or defensible space o Clearance requirements for ignition source control o Storage of hazardous materials o Protection of pumps and water supply storage facilities o Land use limitations for temporary uses Section 603, Defensible Space and 604, Maintenance of defensible space: When required or allowed shall be not less than 30’ or to property line and may be increased or decreased by the Fire Marshall based on site specific analysis. Fuel modification distances in table 603.2 are available for increases or decreases but not directly linked since table 503.1 for ignition resistant construction was deleted. Deletion of table 503.1 means defensible space would not be an option to avoid ignition resistant construction. Defensible space …
1112 W. ANNIE ST. SP-2020-0093DS Hank Marley Environmental Review Specialist Senior Development Services Department 1 PROPERTY DATA • 0.1455 acres • West Bouldin Creek • Urban • Desired Development Zone • Austin Full Purpose • Not located over Edwards Aquifer Recharge Zone • No Critical Environmental Features • Current code regulations apply 2 SP-2020-0093DS 1112 W. Annie Street 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. 3 0510Miles[ Vicinity Exhibit N NTS 4 Existing conditions N NTS 5 Northern stream bank 6 Southern stream bank 7 Existing conditions N NTS 8 Proposed Site Plan Enlargement N NTS 9 VARIANCE REQUEST To allow development inside the Critical Water Quality Zone (LDC 25-8-261) • To allow the drive to cross the critical water quality zone. 0 1 FINDINGS OF FACT (LDC 25-8-41) 1 1 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 located in the Bouldin Creek Neighborhood Planning Area and has a single family zoning designation similar to the immediate surrounding areas. The proposed bridge crossing is to gain access to a larger lot located on the other side of West Bouldin Creek. This is the lot where the owner intends to build their home. That lot is 0.5290 acres and the majority of it is outside of the 100 year floodplain and critical water quality zone (Figure 1 next slide). The proposed bridge crossing is the only access point that the owner has to the City ROW, as the lot is entirely enclosed within West Bouldin Creek, other single family lots and the train track that runs the entire length of the Western perimeter. By not allowing the proposed bridge the requirement will deprive the applicant of a privilege available to owners of similarly situated property with approximately contemporaneous development subject …
ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: NAME & NUMBER OF PROJECT: October 21, 2020 1112 W. Annie St., SP-2020-0093DS NAME OF APPLICANT OR ORGANIZATION: Mark Zupan LOCATION: 1112 W. Annie Street, Austin, Texas, 78704 COUNCIL DISTRICT: District #9 ENVIRONMENTAL REVIEW STAFF: WATERSHED: REQUEST: STAFF RECOMMENDATION: STAFF CONDITIONS: Hank Marley, Environmental Review Specialist Senior, 512-974-2067, hank.marley@austintexas.gov West Bouldin Creek, Urban, Desired Development Zone Variance request is as follows: Request to vary from LDC 25-8-261 to allow development inside the Critical Water Quality Zone. Staff recommends this variance, having determined the findings of fact have been met. Restore any damage caused during construction to the City erosion control infrastructure up to the standards shown in the West Bouldin Creek at West Annie Street Stream Restoration Project – GP-2014-0593.WPD. Provide a planting plan requiring City standard specification 609S – Native Seeding and Planting within the critical water quality zone. Development Services Department Staff Recommendations Concerning Required Findings Project Name: 1112 W. Annie Street; SP-2020-0093DS Ordinance Standard: Watershed Protection Ordinance Variance Request: To allow development inside the Critical Water Quality Zone (LDC 25-8-261). 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 located in the Bouldin Creek Neighborhood Planning Area and has a single family zoning designation similar to the immediate surrounding areas. The proposed bridge crossing is to gain access to a larger lot located on the other side of West Bouldin Creek. This is the lot where the owner intends to build their home. That lot is 0.5290 acres and the majority of it is outside of the 100 year floodplain and critical water quality zone. The proposed bridge crossing is the only access point that the owner has to the City ROW, as the lot is entirely enclosed within West Bouldin Creek, other single family lots and the train track that runs the entire length of the Western perimeter. By not allowing the proposed bridge 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. 2. The variance: a) Is not necessitated by the scale, layout, construction method, or …
Wildland-Urban Interface Code Environmental Commission October 21, 2020 Chief Tom Vocke – Austin Fire Marshall Key Stakeholders • Public Safety Commission, Environmental Commission, Building and Fire Code Board of Appeals • Greater Austin Home Builders Association and Real Estate Council of Austin • City, County, State departments, agencies, programs • Neighborhood organizations WUI Risk • Fire Behavior and Built Environment • Fire spread and intensity • Topography • Structure Density Risk Statistics Zones are proximity to Wildlands 1 – within 150 feet 2 – within 400 feet 3 – within 1,000 feet 4 – within 1.5 miles (Ember Zone) 5 – beyond 1.5 miles Three potential types of ignition sources: Ember Attacks (aka Firebrands) • Most home losses in a wildfire are from embers, not by direct contact with flames. Surface Fires ground litter. • Typically small flames burning through grass and • Can reach houses if there’s no interruption in • Use of Shaded Fuel Break to help reduce the risk. • Flames touching a house can cause them to fuel. ignite. Crown Fire • Large flames burning in the tops or canopies of trees. • Radiate heat that can ignite wood walls from up to 100’ away. Firewise USA® • More than 1,500 recognized • Residents reducing wildfire risks • Taking action and ownership • • Preparing Protecting their homes • There are over 100 in Texas • 18 in Austin • Austin Firewise Alliance • Communities coming together to educate and promote FAC • Many more are engaged with AFD Austin Fire Department Effective Fire Fighting • Quick initial response • Continuous training • Proper equipment Wildland-Urban Interface (WUI) Code • Council adopted April 9, 2020 • Implementation January 1, 2021 • Administrative rules in development now WUI Code • Technical Building Code • 2015 ICC Model Code - IWUIC • Ignition resistant construction • Defensible space allowed to mitigate distinct hazard WUI Code Areas • Developable properties near wildlands • 150’ from 40 acre • 1.5 miles from 750 acre • Ignition resistant roofs and vent screening throughout • Ignition resistant walls, doors, windows if within 50’ of wildland WUI Code Ignition Resistant Construction • New and remodeled structures in the WUI area • Ember protection throughout the WUI area • Class A roof, vent screens, decks and fences, underfloor enclosures • Increased requirements closest to wildlands • Ignition resistant exterior walls, doors, windows • Defensible …
ENVIRONMENTAL COMMISSION MOTION 20201021-004a Date: October 21, 2020 Subject: SP-2020-0093DS at 1112 West Annie St. Motion by: Kevin Ramberg Seconded by: Peggy Maceo RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting a variance from LDC 25- 8-261 to allow development inside the critical water quality 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: Staff Conditions: 1. Restore any damage caused during construction to the City erosion control infrastructure up to the standards shown in the West Bouldin Creek at West Annie Street Stream Restoration Project GP-2014-0593.WPD. 2. Provide a planting plan requiring City standard specification 609S Native Seeding and Planting within the critical water quality zone. VOTE 7-0 For: Bedford, Smith, Neely, Coyne, Maceo, Ramberg, and Gordon Against: None Abstain: None Recuse: None Absent: Creel, Nill, Thompson, and Guerrero Approved By: Linda Guerrero, Environmental Commission Chair 1
2. ENVIRONMENTAL COMMISSION MEETING MINUTES Wednesday, October 21, 2020 The Environmental Commission convened in a public meeting on Wednesday, October 21, 2020 with Social Distancing Modifications via remote video conferencing. Commissioners in Attendance: Curtis Smith Kevin Ramberg Linda Guerrero Perry Bedford Katie Coyne Peggy Maceo Mary Ann Neely Wendy Gordon Commissioners Absent: Andrew Creel Ryan Nill Pam Thompson Staff in Attendance: Kaela Champlin Chris Herrington Abel Porras Hank Marley Mark Baker CALL TO ORDER Commissioner Coyne called the meeting to order at 6:05 P.M. 1. APPROVAL OF MINUTES AND ACTION a. Approval of the October 7, 2020 Environmental Commission Meeting Minutes (5 minutes) The minutes of the October 7, 2020 Environmental Commission meeting were approved on Commissioner Ramberg’s motion, Commissioner Smith’s second on a 8-0 vote. Commissioners Creel, Nill, Maceo, and Gordon were absent. STAFF BRIEFINGS a. Update on Sawyer-Cleveland Wastewater Treatment Plant—Abel Porras, Supervising Engineer, Watershed Protection Department (15 minutes) Item conducted as posted. No action taken. 1 3. 4. 5. ITEMS FOR CONSIDERATION AND POSSIBLE ACTION a. Approve 2021 Environmental Commission schedule (10 minutes) The proposed 2021 Environmental Commission schedule was approved with changes on Commissioner Ramberg’s motion, Commissioner Smith’s second on a 7- 0 vote. Commissioners Creel, Nill, Thompson, and Guerrero were absent. b. Update on Wildland-Urban Interface Code—Mark Baker, Environmental Compliance Specialist Senior, Austin Fire Department (1 hour) Item conducted as posted. No action taken. PUBLIC HEARINGS AND POSSIBLE ACTION a. Name: 1112 W. Annie Street; SP-2020-0093DS Applicant: Mark Zupan Location: 1112 W. Annie Street, Austin, Texas, 78704 (District 9) Staff: Hank Marley, Environmental Review Specialist Senior, Development Services Department Watershed: West Bouldin Creek Watershed, Urban, Desired Development Zone Request: Variance request is as follows: To allow development inside the Critical Water Quality Zone (LDC 25-8-261) Staff Recommendation: Staff recommend this variance with conditions (15 minutes) A motion to close the public hearing was approved on Commissioner Ramberg’s motion, Commissioner Gordon’s second on a 7-0 vote. A motion to approve the variance request with conditions was approved on Commissioner Ramberg’s motion, Commissioner Maceo’s second on a 7-0 vote. Commissioners Creel, Nill, Thompson, and Guerrero were absent. 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 c. Report on the Joint Sustainability Committee – Katie Coyne Commissioner …
