Environmental Commission Regular Meeting of the Environmental Commission - Remote meeting to be held with social distancing modifications. See agenda for details.
Versión en español a continuación. Environmental Commission Regular Meeting May 5, 2021 Environmental Commission to be held May 5, 2021 with Social Distancing Modifications. Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (May 4, 2021 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the May 5, 2021 Environmental Commission Regular Meeting, members of the public must: •Call or email the board liaison Kaela Champlin, (512) 974-3443, Kaela.Champlin@austintexas.gov, no later than noon, (the day before the meeting). The following information is required: speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, email address and telephone number (must be the same number that will be used to call into the meeting). •Once a request to speak has been made to the board liaison, the information to call on the day of the scheduled meeting will be provided either by email or phone call. •Speakers must call in at least 15 minutes prior to meeting start time 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. •If the meeting is broadcast live, it may be viewed here: http://www.austintexas.gov/page/watch-atxn- live 1 Reunión del Environmental Commission FECHA de la reunion (5 de mayo de 2021) 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 (4 de mayo de 2021 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 Kaela Champlin, (512) 974-3443, Kaela.Champlin@austintexas.gov a más tardar al mediodía (el día antes de la reunión). Se requiere la siguiente información: nombre del orador, número (s) de artículo sobre el que desean hablar, si están a favor / en contra / neutral, dirección de correo electrónico (opcional) y un número de teléfono (debe ser el número que se utilizará para …
PARTICULATE MATTER AND EMISSION REDUCTIONS City of Austin Environmental Commission May 5, 2021 CAPCOG – Regional Planning Commission • Emergency Communications 9-1-1 in Statute; more often called a COG. • Area Agency on Aging/Aging & Disability Resource Center • Homeland Security Planning & Training • Regional Law Enforcement Academy • Air Quality Planning • Solid Waste Planning • Economic Development Analysis & Technical Assistance • Transportation Planning 5/5/2021 Capital Area Council of Governments 2 Ten – county service area; State of Texas planning region 12 5/5/2021 Capital Area Council of Governments 3 State Representative John Cyrier State Representative Celia Israel State Representative Terry Wilson State Representative Erin Zwiener Commissioner Brigid Shea Travis County Judge Joe Weber Fayette County Council Member Andrea Willott City of Bee Cave Chair Judge Paul Pape Bastrop County CAPCOG Executive Committee Council Member Christine Sederquist City of Leander Council Member Matthew Baker City of Round Rock Commissioner Ann Howard Travis County Commissioner Russ Boles Williamson County Commissioner Debbie Ingalsbe Hays County Judge Brett Bray Blanco County Mayor Sandy Cox City of Lakeway Council Member Mackenzie Kelly City of Austin Commissioner Steven Knobloch Lee County Commissioner Joe Don Dockery Burnet County Commissioner Cynthia Long Williamson County Judge Hoppy Haden Caldwell County Mayor Pro Tem Lyle Nelson City of Bastrop Council Member Mike Heath City of Pflugerville Mayor Pro Tem Kevin Pitts City of Georgetown First Vice Chair Mayor Brandt Rydell City of Taylor Second Vice Chair Judge James Oakley Burnet County Secretary Mayor Lew White City of Lockhart Parliamentarian Judge Ron Cunningham Llano County Immediate Past Chair Mayor Jane Hughson City of San Marcos 5/5/2021 Capital Area Council of Governments 4 • PM stands for particulate matter (also called particle pollution): What is particulate matter? the term for a mixture of solid particles and liquid droplets found in the air. • PM includes: – PM10/“Coarse PM”: inhalable particles, with diameters that are generally 10 micrometers and smaller – PM2.5 /“Fine PM”: fine inhalable particles, with diameters that are generally 2.5 micrometers and smaller Source: EPA, https://www.epa.gov/pm-pollution/particulate-matter-pm-basics#PM 5/5/2021 Capital Area Council of Governments 5 PM2.5 Pollution • PM2.5 is both a primary pollutant (i.e., directly emitted from different sources) and a secondary pollutant (i.e., formed in the atmosphere through chemical reactions and processes from other direct emissions). Sources of PM2.5 include: – Crustal PM2.5 – particles from dust/soil – Elemental carbon (EC) PM2.5 – particles that contain the …
Killander, Lisa Wednesday, March 17, 2021 10:50 AM Patrick Fulker Mars, Keith RE: Request to remove 20" Cottonwood tree in ROW of 13213 Villa Park Dr 13213 Villa Park Road risk assessment of 20 inch tree.pdf From: Sent: To: Cc: Subject: Attachments: Mr. Fulker, Good morning. I did an on‐site assessment of the now 21” diameter cottonwood in the City of Austin right of way adjacent to your property on March 15, 2021. I made note of the tree’s condition as the growing season is beginning. I observed the canopy full of catkins and noted of the number and size of the broken branches within the canopy. This tree is in very good condition and assessed to be a low risk tree. My assessment worksheet is attached so that you can see how a Tree Risk Assessment Qualified arborist systematically comes to this conclusion. This system is recognized worldwide as a means to assess a tree’s risk to pedestrians, vehicles and stationary structures like houses. I measured the distance from the water meter (red box next to drive) to the trunk of the 21”diameter tree, circled in purple, as approximately 28 feet. The invoice that you provided from your contractor made no mention of the break in the pipe resulting from a tree root. I have no photos to document your claim that a root caused the break. Hence, I cannot conclude that this tree 28 feet away is the reason for the break in the pipe next to your water meter. I am sorry for the inconvenience this leak caused but the tree will not be removed based on my findings. Kind regards, 1 Lisa Killander Program Manager Public Works Forestry Office of the City Engineer Certified Arborist TX 3735‐A Tree Risk Assessment Qualified 512‐974‐9198 From: Patrick Fulker <patrick.fulker@gmail.com> Sent: Thursday, February 25, 2021 3:02 PM To: Killander, Lisa <Lisa.Killander@austintexas.gov>; Mars, Keith <Keith.Mars@austintexas.gov> Subject: Request to remove 20" Cottonwood tree in ROW of 13213 Villa Park Dr *** External Email - Exercise Caution *** Lisa, I am writing because I have had to incur another costly pipe repair near the roots of these trees. This pipe issue occurred after removal of the 34" tree. I am requesting administrative approval to remove this 20" cottonwood tree located in the right of way of my property. The repeated damage of my pipes is preventing reasonable use of my property and placing …
Appeal Regarding the Urban Forester’s decision on the removal of a Cottonwood tree 20” Tree Located in the Right of Way on Crown Ct, Austin TX 1 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 this tree is necessary and warranted. • To seek a modified opinion on the removal of this 20” Cottonwood tree. 2 SUBJECT TREE & LOCATION – Crown Ct, Austin TX A/C Unit 20” 3 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. 4 “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 5 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 is a dangerous tree because large limbs or the entire tree can fall on cars, structures and even people. This is one tree that should be removed from most residential property. 6 …
Request for a Modified Opinion on the Urban Forester’s decision for removal of a cottonwood tree 20” Tree Located in the Right of Way on Crown Ct, Austin TX 1 PROPERTY OWNER SEEKS A MODIFIED OPINION ON THE TREE’S REMOVAL: ‐ Remove tree at property owner’s expense. ‐ Plant at least one heritage species tree on owner’s property (or pay mitigation fee). ‐ No more damage to City or property owner’s infrastructure. ‐ No cost to the City of Austin. 2 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/ 6 SUBJECT TREE & LOCATION Crown Ct, Austin TX 34” 20” 7 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. 8 9 10 11 12 13 URBAN FORESTER RE‐ASSESSMENT OF SITUATION: • Property owner had to seek …
Environmental Commission City of Austin Public Works Department ISA Certified Arborist, TX 3735‐A Tree Risk Assessment Qualified To: From: Lisa Killander Date: May 5, 2021 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, 2020 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. On August 26, 2020 the Program Manager visited the site with another PWF Arborist. A conditional assessment was …
ZONING CHANGE REVIEW SHEET CASE: C814-2020-0132 – Central Health PUD ZONING FROM: P ADDRESS: 601 East 15th Street SITE AREA: 14.343 acres PROPERTY OWNER: Travis County Healthcare District dba Central Health DISTRICT: 1 TO: PUD (Mike Geeslin, President and CEO) AGENT AND CASE MANAGER: City of Austin – Housing and Planning Department Jerry Rusthoven, 512-974-3207, jerry.rusthoven@austintexas.gov STAFF RECOMMENDATION: The Staff recommendation is to grant planned unit development (PUD) district zoning, with the waivers of certain threshold requirements, and established site development standards, land uses, and Code modifications as outlined on pages 2 – 4. ENVIRONMENTAL COMMISSION RECOMMENDATION: May 5, 2021: PLANNING COMMISSION ACTION: April 27, 2021: May 11, 2021: CITY COUNCIL ACTION: May 20, 2021: ORDINANCE NUMBER: ISSUES: On December 11, 2014, Council adopted a Resolution directing Staff to create an innovation zone and initiated a Code amendment to establish land use regulations and land uses for the Travis County Healthcare District dba Central Health (formerly known as the Brackenridge Hospital campus). The purpose of the Code amendment was to: 1) establish land use regulations for the innovation district that considers higher density via the maximum floor-to- area (FAR) requirement and no maximum building height limitation, 2) negotiate interlocal agreements as necessary to implement the Code amendment and support dense development on the property, and 3) work with Central Health to establish a set of land uses for the Property. Please refer to Exhibit B. C814-2020-0132 Page 2 On November 20, 2019, a code amendment was initiated and reviewed by the Codes and Ordinances Joint Committee (C20-2014-0130 – Central Health). On December 10, 2019, the Planning Commission recommended the code amendment with an additional condition that 100 residential units be affordable if multifamily residences are built on the property. The code amendment was scheduled for Council review in 2020, but withdrawn from the September 17, 2020 agenda. Planned unit development (PUD) zoning was determined to be the best way to accomplish the intent of the Code amendment and directed by Council Resolution No. 20201001-062. Please refer to Exhibit C. An application for PUD zoning was filed on November 12, 2020. CASE MANAGER COMMENTS: The proposed Central Health PUD is located at the southeast corner of the southbound IH 35 frontage road and East 15th Street, and extends to the terminus of Sabine Street to the south and Red River Street to the west. The property is zoned P, public, and …
ENVIRONMENTAL COMMISSION MOTION 20210505 002a Date: May 5, 2021 Seconded by: Perry Bedford Subject: PM2.5 Emissions Reduction Plan Motion by: Kevin Ramberg RATIONALE: WHEREAS, the Environmental Commission recognizes that Capital Area Council of Governments (CAPCOG) currently maintains the 2019-2023 Austin-Round Rock-Georgetown Metropolitan Statistical Area (MSA) Regional Air Quality Plan; and WHEREAS, the Environmental Commission recognizes the plan currently focuses on ozone pollution as the region has been close to violating ozone NAAQS levels for several years; and WHEREAS, the Environmental Commission recognizes that the Central Texas Clean Air Coalition (CAC) has decided to update the region’s voluntary air quality plan to include additional measures targeted at reducing regional PM2.5 air pollution and enhancing awareness of PM air pollution. THEREFORE, the Environmental Commission recommends updating the region’s voluntary air quality plan to include additional measures targeted at reducing regional PM2.5 air pollution and enhancing awareness of PM air pollution. Additionally, the Environmental Commission recommends the City of Austin implement PM2.5 emission reduction best management practices for City of Austin construction projects. VOTE 8-0 For: Bedford, Thompson, Brimer, Coyne, Ramberg, Barrett Bixler, Bristol, and Guerrero Against: None Abstain: None Recuse: None Absent: Creel Approved By: Linda Guerrero, Environmental Commission Chair 1
ENVIRONMENTAL COMMISSION MOTION 20210505 003a Seconded by: Richard Brimer Date: May 5, 2021 Subject: Appeal request from Patrick Fulker at 13213 Villa Park Drive Motion by: Pam Thompson The Environmental Commission grants the request to remove the 20 inch Cottonwood tree located within the City of Austin Right-of-Way at 13213 Villa Park Drive, Austin, Texas 78729, at the owner’s expense with mitigation as determined by staff that would be satisfied either with planting at the owner’s expense or fiscal payment to the Urban Forest Replenishment Fund in lieu of planting. VOTE 6-2 For: Brimer, Thompson, Ramberg, Barrett Bixler, Bedford, and Bristol Against: Coyne, Guerrero Abstain: None Recuse: None Absent: Creel Approved By: Linda Guerrero, Environmental Commission Chair 1
1 ENVIRONMENTAL COMMISSION MOTION 20210505 003b Date: May 5, 2021 Seconded by: Katie Coyne Subject: Central Health Planned Unit Development, C814-2020-0132 Motion by: Kevin Ramberg RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting a to change zoning from P to PUD. WHEREAS, the Environmental Commission recognizes that staff recommends granting the requested planned unit development (PUD) district zoning, with waivers of certain threshold requirements, established site development standards, land uses, and Code modifications as outlined on backup information provided for this meeting. THEREFORE, the Environmental Commission recommends granting PUD district zoning for the site in accordance with the waivers and conditions provided in backup with the following Environmental Commission Condition: 1. The Environmental Commission requests the applicant increase, to the maximum extent practicable, their Austin Energy Green Building Rating to 3 or greater and integrate Functional Green principles where available. VOTE 8-0 Approved By: For: Bedford, Thompson, Brimer, Coyne, Ramberg, Barrett Bixler, Bristol, and Guerrero Against: None Abstain: None Recuse: None Absent: Creel Linda Guerrero, Environmental Commission Chair
ENVIRONMENTAL COMMISSION MEETING MINUTES Wednesday, May 5, 2021 The Environmental Commission convened in a public meeting on Wednesday, May 5, 2021 with Social Distancing Modifications via remote video conferencing. Commissioners in Attendance: Pam Thompson Katie Coyne Kevin Ramberg Linda Guerrero Perry Bedford Audrey Barrett Bixler Rick Brimer Jennifer Bristol Commissioners Absent: Andrew Creel Staff in Attendance: Kaela Champlin Chris Herrington Liz Johnston Jerry Rusthoven Lisa Killander Keith Mars CALL TO ORDER Chair Guerrero called the meeting to order at 6:02 P.M. CITIZEN COMMUNICATION: GENERAL The first ten speakers who register to speak no later than noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. None 1. APPROVAL OF MINUTES AND ACTION a. Approval of the April 21, 2021 Environmental Commission Meeting Minutes (5 minutes) The minutes of the April 21, 2021 Environmental Commission Meeting were approved on Commissioner Ramberg’s motion, Commissioner Coyne’s second on a 7-0 vote. Commissioner Creel was absent. Commissioner Thompson was off the dais. 1 2. 3. ITEMS FOR CONSIDERATION AND POSSIBLE ACTION a. PM2.5 Emissions Reduction Plan—Phoebe Romero, Environmental Program Coordinator, Office of Sustainability and Christiane Alepuz, Capital Area Council of Governments Regional Planning and Services Program Coordinator (30 minutes) A motion to recommend updating the region’s voluntary air quality plan to include additional measures targeted at reducing regional PM2.5 air pollution and enhancing awareness of PM air pollution was approved on Commissioner Ramberg’s motion, Commissioner Bedford’s second on a 8-0 vote. Commissioner Creel was absent. PUBLIC HEARINGS a. 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 (30 minutes) A motion to close the public hearing was approved on Commissioner Ramberg’s motion, Commissioner Thompson’s second on a 8-0 vote. A motion to deny Patrick Fulker’s appeal failed on Commissioner Ramberg’s motion, Commissioner Guerrero’s second on a 4-2 vote. Those voting aye were Commissioners Coyne, Ramberg, Barrett Bixler, and Guerrero. Those voting nay were Commissioners Thompson and Brimer. Those abstaining were Commissioners Bristol and Bedford. Commissioner Creel was absent. A motion to reopen the public hearing was approved unanimously on Commissioner Ramberg’s motion. A motion to close the public hearing was approved on Commissioner Guerrero’s motion, Commissioner Coyne’s …
