Environmental Commission - Feb. 2, 2022

Environmental Commission Regular Meeting of the Environmental Commission - 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 February 2, 2022 at 6:00 P.M. Austin City Hall, Council Chambers, Room 1001 301 W. 2nd Street, Austin, Texas 78701 Some members of the Environmental Commission will be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live To speak remotely at the February 2, 2022 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 commission 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. 1 Regular Meeting of the Environmental Commission February 2, 2022 at 6:00 P.M. Austin City Hall, Council Chambers, Room 1001 301 W. 2nd Street, Austin, Texas 78701 Some members of the Environmental Commission will be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live COMMISSIONERS: Haris Qureshi (D-1) Rachel Scott (D-2) Pam Thompson (D-3) Vacant (D-4) Vacant (D-6) Audrey Barrett Bixler (D-5) Linda Guerrero (D-9) Chair _________________________________________________________________________________ Jennifer Bristol (D-7) Secretary Perry Bedford (Mayor) Richard Brimer (D-10) Kevin Ramberg (D-8) Vice-Chair Agenda CALL TO ORDER CITIZEN COMMUNICATION: GENERAL Speakers should sign up to speak prior to the meeting being called to order; you will receive a three-minute allotment to discuss topics not posted on the agenda. APPROVAL OF MINUTES AND ACTION a. Approval of the January 19, 2022 Environmental Commission Regular Meeting Minutes (5 minutes) ENVIRONMENTAL OFFICER UPDATES a. Update on discharge of acidic waste into tributary of Harris Branch Creek, Katie Coyne, Environmental Officer; Assistant Director, Watershed Protection Department 1. 2. 2 3. 4. STAFF BRIEFINGS a. Briefing on rule changes to …

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Revised Agenda original pdf

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Regular Meeting of the Environmental Commission February 2, 2022 at 6:00 P.M. Austin City Hall, Council Chambers, Room 1001 301 W. 2nd Street, Austin, Texas 78701 Some members of the Environmental Commission will be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation. To register to speak remotely, 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). COMMISSIONERS: Haris Qureshi (D-1) Rachel Scott (D-2) Pam Thompson (D-3) Vacant (D-4) Kevin Ramberg (D-8) Vice-Chair Vacant (D-6) Audrey Barrett Bixler (D-5) Linda Guerrero (D-9) Chair _________________________________________________________________________________ Jennifer Bristol (D-7) Secretary Perry Bedford (Mayor) Richard Brimer (D-10) REVISED Agenda CALL TO ORDER CITIZEN COMMUNICATION: GENERAL The first 10 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. 1 1. 2. 3. 4. APPROVAL OF MINUTES AND ACTION a. Approval of the January 19, 2022 Environmental Commission Regular Meeting Minutes (5 minutes) ENVIRONMENTAL OFFICER UPDATES a. Update on discharge of acidic waste into tributary of Harris Branch Creek, Katie Coyne, Environmental Officer; Assistant Director, Watershed Protection Department STAFF BRIEFINGS a. Briefing on rule changes to Environmental Criteria Manual Section 3.5—Daniel Priest, Naomi Rotramel, and Keith Mars, Development Services Department Community Tree Preservation Division (1 hour) PUBLIC HEARINGS a. Name: 7715 1/2 West State Highway 71, C14-85-288.23(RCA) Applicant: Amanda Swor, Drenner Group Location: 7712 Oak Forest Lane, Austin TX 78736 Council District: District 8 Staff: Liz Johnston, Deputy Environmental Officer, Watershed Protection Department and Leslie Lilly, Environmental Program Coordinator Watershed: Williamson Creek, Barton Springs Zone (Contributing Zone), Drinking Water Protection Zone Request: Conduct a public hearing and approve a restrictive covenant amendment Staff Recommendation: To grant an amendment to the restrictive covenant (30 minutes) 5. COMMITTEE REPORTS a. Urban Forestry Committee –Pam …

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20220202-003a: ECM Section 3.5 Rule Change Summary Presentation original pdf

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Rule Change Summary Environmental Criteria Manual Section 3.5 City Arborist, Development Services Department Environmental Criteria Manual Update – Q3 2022 Summary of Changes 1. Delete outdated and inaccurate content 2. Address new technology, construction methods, and urban forestry concerns that have become salient since the last significant update in 2011 3. Reorganize and rewrite existing rules to better align with code Environmental Criteria Manual Update – Q3 2022 Authority in Code § 25-8-603 - ADMINISTRATION. (A) A city arborist, appointed by the director of the Planning and Development Review Department, shall implement this article. (B) The Planning and Development Review Department shall adopt administrative rules for the implementation of this subchapter. (C) The rules shall: (1) describe methods to protect trees against damage during development; (2) identify actions that will constitute removal; (3) identify the root areas that require protection against soil compaction or the effects of impervious paving; and (4) identify mitigation measures and methods of calculation for fiscal security to ensure performance of mitigation measures that may be required under article 1 of this subchapter. Environmental Criteria Manual Update – Q3 2022 ECM Section 3 (Current) 3.1 - General 3.2 - Appeals 3.3 – Tree Survey 3.3.1 – Survey Requirements by Jurisdiction 3.3.2 – General Tree Survey Standards 3.3.3 – RESERVED (previously Survey Standards for Environmental Assessments) 3.3.4 – Tree Survey Standards for Hill Country Roadway Corridors 3.4 – RESERVED (previously Tree Physiology) 3.5 – Design Criteria 3.5.1 – Significant Tree Identification 3.5.2 – Tree Preservation Criteria 3.5.3 – Design Constraints and Alternatives 3.5.4 - Mitigation 3.6 – Tree Protection 3.7 – Public Trees Appendix P-6 – Remedial Tree Care Notes Environmental Criteria Manual Update – Q3 2022 ECM Section 3 (Proposed) 3.1 - General 3.2 - Appeals 3.3 – Tree Survey 3.3.1 – Survey Requirements by Jurisdiction 3.3.2 – General Tree Survey Standards 3.3.3 – RESERVED (previously Survey Standards for Environmental Assessments) 3.3.4 – Tree Survey Standards for Hill Country Roadway Corridors 3.4 – RESERVED (previously Tree Physiology) 3.5 – Design Criteria 3.5.1 – Significant Tree Identification 3.5.2 – Preservation 3.5.3 – Design Constraints and Alternatives 3.5.4 - Mitigation 3.6 – Tree Protection 3.7 – Public Trees Appendix P-6 – Remedial Tree Care Notes Environmental Criteria Manual Update – Q3 2022 ECM Section 3.5 (Current) 3.5 – Design Criteria 3.5.1 – Significant Tree Identification 3.5.2 – Tree Preservation Criteria A. Critical Root Zone Impacts B. Crown Impacts …

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20220202-003a: Environmental Criteria Manual Section 3.5 edits original pdf

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3.5.0 - DESIGN CRITERIA The Land Development Code requires the protection of regulated trees during development as well as mitigation for their removal (LDC 25-8-603). Protection during development is necessary to prevent unpermitted removal of trees or damage that constitutes removal (LDC 25-8-602). This section addresses the requirements for both design around regulated trees and mitigation for their removal. The City Arborist must make the initial determination whether trees have been adequately considered in the design process. This requires: • The identification of significant trees; • An assessment of conformance with minimum design criteria for tree preservation; • An analysis of design constraints and alternatives; and • The negotiation of mitigative measures when necessary. A discussion of each of these aspects of plan review follows 3.5.1 - Significant Tree Identification The Land Development Code addresses tree preservation in terms of saving "protected or heritage" trees (Tree Ordinance, 1983), designing around "significant" trees and vegetation (Comprehensive Watersheds Ordinance, 1986) or preserving the "natural landscape character" (Landscape Ordinance, 1979) of an area. In order to provide a standard for defining a significant tree or group of trees an evaluation method has been provided below. Not all "protected" trees are significant due to such factors as their species or condition. Conversely, some smaller trees may have significance due to their rarity, screening potential or other factors. A. Tree Evaluation Method. Whenever there is a question about which trees in a project area should be preserved, the tree evaluation method discussed below can be useful. A designer can walk the project area with these criteria in mind and perform a rough analysis of the tree situation. Some groups of trees as well as individual trees can be identified as potential design constraints early in the process. In situations where it is necessary to choose between two (2) or more significant trees, a more detailed analysis can be performed by competent professionals in order to assign numerical values to each. These relative values can enhance the decision-making process. In addition to the benefits described above, this tree evaluation method can be used as a "finding of fact." This can be submitted to the Planning Commission in the rare situation where no agreement can be reached over the removal of significant "protected" trees, or over the issue of whether the natural character of the site has been adequately preserved. The method for evaluating trees for the …

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20220202-004a: 7715 1/2 W. SH 71, C14-85-288.23(RCA) staff memo original pdf

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ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: February 2, 2022 NAME & NUMBER OF PROJECT: 7715 ½ W State Highway 71 Restrictive Covenant Amendment, C14-85-288.23(RCA) NAME OF APPLICANT OR ORGANIZATION: Drenner Group (Amanda Swor) LOCATION: 7715 ½ W. SH 71 COUNCIL DISTRICT: 8 ENVIRONMENTAL REVIEW STAFF: Liz Johnston, Deputy Environmental Officer Liz.johnston@austintexas.gov WATERSHED: Williamson Creek Watershed, Barton Springs Contributing Zone REQUEST: To amend a Restrictive Covenant Staff recommended with conditions STAFF RECOMMENDATION: STAFF CONDITION: 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, including SOS non-degradation water quality treatment, except for the following exceptions: a. 60% impervious cover on a gross site area calculation shall be allowed rather than the 65% currently allowed, b. Cut and fill shall not exceed 8 feet except for building foundations and storm water control measures and appurtenances, c. Water quality control facilities will be allowed within the Water Quality Transition Zone. M E M O R A N D U M TO: Linda Guerrero, Chair, and Members of the Environmental Commission FROM: Liz Johnston, Deputy Environmental Officer Watershed Protection Department DATE: January 27, 2022 SUBJECT: 7715 ½ W State Highway 71 Restrictive Covenant Amendment C14-85-288.23(RCA) This summary is being provided to the Environmental Commission for the 7715 ½ W State Highway 71 Restrictive Covenant Amendment (RCA), a proposed amendment to an existing restrictive covenant from 1985. History Restrictive Covenants are legal documents that can establish site development regulations and use limitations for certain properties. Several such Restrictive Covenants have been recorded for certain properties located within the Oak Hill Study Area. The Restrictive Covenant under consideration today includes two such tracts of land which are located in the full purpose zoning jurisdiction, in the Williamson Creek Watershed, and in the Contributing Zone of the Barton Springs Segment of the Edwards Aquifer. However, only the regulations associated with Tract 1 are under discussion at this time. Restrictive Covenants associated with the Oak Hill Study Area frequently lock in older site development regulations that predate current water quality protections for the Barton Springs Zone established by City Code 25-8, Article 13 (Save Our Springs Initiative). These properties could develop under the terms of the restrictive covenant without achieving compliance with the non-degradation water quality standard …

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20220202-004a: 7715 1/2 W. SH 71, C14-85-288.23(RCA) staff presentation original pdf

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7715 ½ W. SH 71 C14-85-288.23(RCA) Liz Johnston Deputy Environmental Officer Division Manager, Policy and Environmental Review What is a Restrictive Covenant Amendment? • • • Restrictive Covenants (RCs) are legal documents that can set forth restrictions on properties related to zoning or other land development standards. Certain properties located within the 1985 Oak Hill Area Study have associated RCs that set forth development standards that are less restrictive than current code allows. The RCA under consideration this evening grants the landowner the ability to develop under rules in effect in 1985, thus eliminating the need to meet the restrictions set forth in the Save Our Springs ordinance, including impervious cover and water quality treatment. • When applicants seek to rezone properties with such RCs, there is an opportunity to request for greater environmental protections than would otherwise be allowed. Site Location Austin ETJ Austin City Limits Edwards Aquifer Recharge Zone Edwards Aquifer Contributing Zone North Recommendation Staff recommends approval of the Restrictive Covenant Amendment with the following 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, including SOS non-degradation water quality treatment, except for the following exceptions: a) 60% impervious cover on a gross site area calculation shall be allowed rather than the 65% currently allowed, b) Cut and fill shall not exceed 8 feet except for building foundations and storm water control measures and appurtenances, c) Water quality control facilities will be allowed within the Water Quality Transition Zone. Questions? Contact Information: Liz Johnston liz.johnston@austintexas.gov

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20220202-004a: 7715 1/2 W. SH 71, C14-85-288.23(RCA) Staff Report original pdf

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C14-85-288.23(RCA) 1 RESTRICTIVE COVENANT AMENDMENT CHANGE REVIEW SHEET CASE: C14-85-288.23(RCA) - 7715 ½ W. SH 71 DISTRICT: 8 EXISTING ZONING: LO-NP ADDRESS: 7715 ½ W. SH 71 SITE AREA: 13.367 acres PROPERTY OWNER: Stephen Simon, John Simon, Barbara Simon Bierner AGENT: Drenner Group (Amanda Swor) CASE MANAGER: Kate Clark (512-974-1237, kate.clark@austintexas.gov) STAFF RECOMMENDATION: Staff recommends amending the Restrictive Covenant as outlined in Exhibit D: RCA Redlines. For a summary of the basis of staff’s recommendation, see page 2. ENVIRONMENTAL COMMISSION ACTION / RECOMMENDATION: February 2, 2022 Scheduled for Environmental Commission PLANNING COMMISSION ACTION / RECOMMENDATION: February 22, 2022 To be Scheduled for Planning Commission CITY COUNCIL ACTION: To be Scheduled for City Council RESTRICTIVE COVENANT AMENDMENT RECORDING NUMBER: ISSUES Interested parties in the area have raised concerns about the proposed development and increasing the impervious cover currently on the site. This property is located within the Williamson Creek Watershed of the Colorado River Basin, which is classified as a Barton Springs Zone Watershed by Chapter 25-8 of the City’s Land Development Code. Due to the existing Restrictive Covenant, this property has additional permitted entitlements for development than what would be currently allowed under today’s Land Development Code (LDC). C14-85-288.23(RCA) 2 Staff has received comments in opposition of this Restrictive Covenant Amendment (RCA) request. For all written or emailed comments, please see Exhibit C: Correspondence Received. CASE MANAGER COMMENTS: The proposed Restrictive Covenant Amendment (RCA) area is approximately 13.367 acres and is part of a larger tract currenting being requested to be rezoned to GO-MU-NP, please see Zoning Case No. C14-2021-0130. This undeveloped property is located on the south side of W. SH 71 and is zoned LO-NP. Adjacent zoning consists of LR-MU-CO-NP, LO-MU-CO-NP and RR-NP to the east; SF-6-NP to the south and SF-6-NP, CS-NP and RR-NP to the west. To the north is W. SH 71 right-of-way and is not zoned. Please refer to Exhibit A: Zoning Map and Exhibit B: Aerial Map. The applicant is requesting to amend the permitted site development standards, environmental requirements, and transportation requirements. Please see Exhibit D: RCA Redlines for current RC and proposed revisions. BASIS OF RECOMMENDATION: Staff recommends the proposed amendments to the RC because much of it allows for development under a previous code and therefore is not up to date on newer and current standards. While the maximum impervious cover is greater than what would be allowed today with …

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20220202-004a: 7715 1/2 W. SH 71, C14-85-288.23(RCA) REVISED staff memo original pdf

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ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: February 2, 2022 NAME & NUMBER OF PROJECT: 7715 ½ W State Highway 71 Restrictive Covenant Amendment, C14-85-288.23(RCA) NAME OF APPLICANT OR ORGANIZATION: Drenner Group (Amanda Swor) LOCATION: 7715 ½ W. SH 71 COUNCIL DISTRICT: 8 ENVIRONMENTAL REVIEW STAFF: Liz Johnston, Deputy Environmental Officer Liz.johnston@austintexas.gov WATERSHED: Williamson Creek Watershed, Barton Springs Contributing Zone REQUEST: To amend a Restrictive Covenant Staff recommended with conditions STAFF RECOMMENDATION: STAFF CONDITION: 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, including SOS non-degradation water quality treatment, except for the following exceptions: a. 60% impervious cover on a gross site area calculation shall be allowed rather than the 65% currently allowed, b. Cut and fill shall not exceed 8 feet except for building foundations and storm water control measures and appurtenances, c. Stormwater control facilities will be allowed within the Water Quality Transition Zone, d. LDC 25-8-301 and 25-8-302 does not apply. M E M O R A N D U M TO: Linda Guerrero, Chair, and Members of the Environmental Commission FROM: Liz Johnston, Deputy Environmental Officer Watershed Protection Department DATE: January 27, 2022 SUBJECT: 7715 ½ W State Highway 71 Restrictive Covenant Amendment C14-85-288.23(RCA) This summary is being provided to the Environmental Commission for the 7715 ½ W State Highway 71 Restrictive Covenant Amendment (RCA), a proposed amendment to an existing restrictive covenant from 1985. History Restrictive Covenants are legal documents that can establish site development regulations and use limitations for certain properties. Several such Restrictive Covenants have been recorded for certain properties located within the Oak Hill Study Area. The Restrictive Covenant under consideration today includes two such tracts of land which are located in the full purpose zoning jurisdiction, in the Williamson Creek Watershed, and in the Contributing Zone of the Barton Springs Segment of the Edwards Aquifer. However, only the regulations associated with Tract 1 are under discussion at this time. Restrictive Covenants associated with the Oak Hill Study Area frequently lock in older site development regulations that predate current water quality protections for the Barton Springs Zone established by City Code 25-8, Article 13 (Save Our Springs Initiative). These properties could develop under the terms of the restrictive covenant without achieving …

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Approved Minutes original pdf

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ENVIRONMENTAL COMMISSION MEETING MINUTES Wednesday, February 2, 2022 The Environmental Commission convened in a public meeting on Wednesday, February 2, 2022 City Hall in Council Chambers at 301 W. 2nd Street, Austin, Texas 78701. Commissioners attending in person: Kevin Ramberg Commissioner attending remotely: Perry Bedford Pam Thompson Jennifer Bristol Linda Guerrero Rick Brimer Audrey Barrett Bixler Commissioners absent: Haris Qureshi Rachel Scott Staff in Attendance: Kaela Champlin Katie Coyne Ryan Hebrink Liz Johnston Keith Mars Daniel Priest Wendy Rhoades Naomi Rotramel Thain Maurer CALL TO ORDER Vice-Chair Ramberg called the meeting to order at 6:00 P.M. CITIZEN COMMUNICATION: GENERAL The first 10 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 January 19, 2022 Environmental Commission Regular Meeting Minutes (5 minutes) 1 2. 3. 4. A motion to approve the minutes of the January 19, 2022 Environmental Commission Regular Meeting was approved on Chair Guerrero’s motion, Commissioner Bedford’s second on a 6-0 vote. Commissioners Qureshi and Scott were absent. Commissioner Barrett Bixler was off the dais. ENVIRONMENTAL OFFICER UPDATES a. Update on discharge of acidic waste into tributary of Harris Branch Creek, Katie Coyne, Environmental Officer; Assistant Director, Watershed Protection Department Item conducted as posted. No action taken. STAFF BRIEFINGS a. Briefing on rule changes to Environmental Criteria Manual Section 3.5—Daniel Priest, Naomi Rotramel, and Keith Mars, Development Services Department Community Tree Preservation Division (1 hour) Item conducted as posted. No action taken. PUBLIC HEARINGS a. Name: 7715 1/2 West State Highway 71, C14-85-288.23(RCA) Applicant: Amanda Swor, Drenner Group Location: 7712 Oak Forest Lane, Austin TX 78736 Council District: District 8 Staff: Liz Johnston, Deputy Environmental Officer, Watershed Protection Department and Leslie Lilly, Environmental Program Coordinator Watershed: Williamson Creek, Barton Springs Zone (Contributing Zone), Drinking Water Protection Zone Request: Conduct a public hearing and approve a restrictive covenant amendment Staff Recommendation: To grant an amendment to the restrictive covenant (30 minutes) A motion to postpone Item 4a was approved on Commissioner Ramberg’s motion, Commissioner Bristol’s second on a 6-0 vote. Commissioners Qureshi and Scott were absent. 5. COMMITTEE REPORTS a. Urban Forestry Committee –Pam Thompson, Richard Brimer, Linda Guerrero, and Rachel Scott Commissioner Brimer gave an update on the Urban Forestry Committee. b. Report on the Joint …

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