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 March 2, 2022 at 6:00 P.M. Permitting and Development Center, Events Center, Room 1406 6310 Wilhelmina Delco Drive, Austin, Texas 78752 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) Audrey Barrett Bixler (D-5) Vacant (D-9) Vacant (D-6) Richard Brimer (D-10) Jennifer Bristol (D-7) Secretary Perry Bedford (Mayor) _________________________________________________________________________________ Kevin Ramberg (D-8) Vice-Chair Agenda CALL TO ORDER PUBLIC 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 February 16, 2022 Environmental Commission Regular Meeting Minutes (5 minutes) STAFF UPDATES a. Update on Violet Crown Water and Wastewater Service Extension Requests #5111 and #5112—Liz Johnston, Deputy Environmental Officer, Watershed Protection Department (5 minutes) ITEMS FOR CONSIDERATION AND POSSIBLE ACTION a. Hold an emergency election for vacant Environmental Commission officer positions for May 2021 through April 2022 (10 minutes) 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) b. Name: Mary Vice Estates Planned Unit Development (PUD) Lot 27 Amendment; Case …
ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: March 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: February 2, 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 (executed in 1987). 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 …
7715 ½ W. SH 71 C 1 4- 8 5- 2 8 8 . 2 3 ( R C A ) R e s t r i c t i v e C o v e n a n t A m e n d m e n t L i z J o h n s t o n , D e p u t y E n v i r o n m e n t a l O f f i c e r C I T Y O F A U S T I N W A T E R S H E D P R O T E C T I O N D E P A R T M E N T Restrictive Covenant Amendments • • Re s t r i c t i ve C o ve n a n t s ( RC s ) a r e l e g a l d o c u m e n t s t h a t c a n s e t f o r t h r e s t r i c t i o n s o n p r o p e r t i e s r e l a t e d t o z o n i n g o r o t h e r l a n d d eve l o p m e n t s t a n d a r d s. C e r t a i n p r o p e r t i e s l o c a t e d w i t h i n t h e 1 9 8 5 O a k H i l l A r e a S t u d y h a ve a s s o c i a t e d RC s t h a t s e t f o r t h d eve l o p m e n t s t a n d a r d s t h a t a r e l e s s r e s t r i c t i ve t h a n c u r r e n t c o d e a l l o w s. T h e RC A u …
C14-85-288.23(RCA) 1 RESTRICTIVE COVENANT AMENDMENT CHANGE REVIEW SHEET CASE: C14-85-288.23(RCA) – 7715 ½ West State Highway 71 DISTRICT: 8 ADDRESS: 7715 ½ West State Highway 71 SITE AREA: 13.367 acres EXISTING ZONING: LO-NP PROPERTY OWNER: Stephen Simon, John Simon, Barbara Simon Bierner AGENT: Drenner Group (Amanda Swor) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@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: APPROVED A JOINT POSTPONEMENT REQUEST BY THE APPLICANT AND NEIGHBORHOOD TO MARCH 2, 2022 [K. RAMBERG; R. BRIMER – 2ND] (9-0) TWO VACANCIES ON THE COMMISSION February 2, 2022: APPROVED A POSTPONEMENT REQUEST BY THE NEIGHBORHOOD TO FEBRUARY 17, 2022 [K. RAMBERG; BRISTOL – 2ND] (6-0) BARRETT BIXLER, QURESHI, SCOTT – ABSENT; TWO VACANCIES ON THE COMMISSION PLANNING COMMISSION ACTION / RECOMMENDATION: March 2, 2022: February 16, 2022: March 8, 2022: CITY COUNCIL ACTION: To be Scheduled 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 C14-85-288.23(RCA) 2 Springs Zone Watershed by Chapter 25-8 of the City’s Land Development Code. Due to the existing 1987 Restrictive Covenant, this property has additional permitted entitlements for development than what would be currently allowed under today’s Land Development Code (LDC). 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: …
ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: NAME & NUMBER OF PROJECT: NAME OF APPLICANT OR ORGANIZATION: LOCATION: COUNCIL DISTRICT: ENVIRONMENTAL REVIEW STAFF: WATERSHED: REQUEST: STAFF RECOMMENDATION: STAFF CONDITION: March 2, 2022 Case No. C814-97-0002.01; Mary Vice Estates PUD Lot 27 Amendment Husch Blackwell LLP (Stacey L Milazzo) Montopolis Dr. and Felix Ave. 3 Leslie Lilly, Environmental Program Coordinator Leslie.lilly@austintexas.gov Carson Creek/ Suburban Watershed To amend a Planned Unit Development (PUD) Staff recommended with conditions 1. This application completes the project established by the PUD such that any further development or redevelopment is subject to current code at the time of site development permit application. 2. This project shall comply with current code, except for the following exceptions: a. 70% impervious cover on a net site area calculation shall be allowed rather than the 65% currently allowed for multi-family use. Mary Vice Estates Montopolis Dr. and Felix Ave C814-97-0002.01 (PUD Amendment) Leslie Lilly Environmental Program Coordinator Watershed Protection Planned Unit Development Amendment • A Planned Unit Development (PUD) is a type of site development and regulatory process established by city ordinance for a tract of land. • The Mary Vice Estates PUD was approved by council in 1997, designating land use types to each lot based on a previously approved Land Use Plan. • Land use designations come with specific restrictions for impervious cover, building square footage, etc. • The applicant is requesting a PUD Amendment to revise the allowed use designated for a lot within the Mary Vice Estates tract from commercial to multi family. Site Conditions • Located in Full Purpose Jurisdiction • No creeks, CWQZ, CEFs, or Floodplain within or adjacent to site • In Carson Creek Watershed Land Use Change • The lot within the Mary Vice Estates PUD is being proposed to change from commercial use to multi family use. • The proposed development includes 12 affordable housing units. • Request is consistent with goals and objectives of • Imagine Austin Comprehensive Plan • Montopolis Neighborhood Plan Recommendation Staff recommends approval of the PUD Amendment with the following condition 1. This project shall comply with current code, except for the following exceptions. • 70% impervious cover on a net site area calculation shall be allowed rather than the 65% currently allowed for multi-family use within Suburban Watersheds. The current PUD ordinance allows for 80% impervious cover under the commercial use. Questions? Contact Information: Leslie …
ZONING CHANGE REVIEW SHEET CASE: C814-97-0002.01 (Mary Vice Estates PUD Lot 27 Amendment #1) DISTRICT: 3 ZONING FROM: PUD TO: PUD* *Nature of Amendment: The applicant is proposing an amendment to Lot 27 of the Mary Vice Estates PUD to increase the maximum building square footage, to reduce building setbacks and to allow for townhouse, condo and duplex uses within the existing Planned Unit Development (PUD) zoning. In addition, the applicant is requesting Code modifications to the allowable watershed impervious cover limit for multifamily use (please see the Applicant’s Amended Request Letter and Redlined Land Use Plan – Exhibit C and Exhibit D). CASE MANAGER: Sherri Sirwaitis (512-974-3057, sherri.sirwaitis@austintexas.gov) ADDRESS: 6301 Circulo de Amistad SITE AREA: 0.61 acres APPLICANT: Austin Habitat for Humanity, Inc. (Andy Alarcon) AGENT: Husch Blackwell LLP (Stacey L Milazzo) STAFF RECOMMENDATION: Staff recommends the 1st amendment to the Mary Vice Estates PUD. ENVIRONMENTAL COMMISSION ACTION / RECOMMENDATION: March 2, 2022 PLANNING COMMISSION ACTION / RECOMMENDATION: March 8, 2022 CITY COUNCIL ACTION: ORDINANCE NUMBER: C14-97-0002.01 ISSUES: N/A CASE MANAGER COMMENTS: 2 The property in question is a 0.61 acre lot (Lot 27) that is part of an approved Planned Unit Development, the Mary Vice Estates PUD, located at the southeast corner of Montopolis Drive and Circulo de Amistad. The rezoning area is approximately halfway between East Riverside Drive to the south and US Highway 183 to the north. The lots to the north and east are part of the PUD and are developed with single-family residences. The tract of land to the south is zoned LO-MU-CO-NP and is vacant. There are remnants of a parking area and detention pond for an approved Religious Assembly use that was never constructed on the site. The lots to the west, across Montopolis Drive, contain single family residences. The applicant in this case, Austin Habitat for Humanity, Inc., is asking for an amendment to the PUD to develop approximately 6 duplex residences/12 townhome dwelling units at this location. The proposed townhouses would be 100% affordable at 80% of AMFI or below (please see SMART Housing Certification Letter – Exhibit E). In this rezoning request, the applicant is specifically asking to amend Ordinance No. 971120- L and the accompanying PUD land use plan for Area 1 to increase the allowable maximum building square footage from 6,000 square feet to 30,000 square feet, to reduce the building setbacks from 25 feet to 15 …
ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: March 2, 2022 NAME & NUMBER OF PROJECT: Water Oak Apartments SP-2019-0109C NAME OF APPLICANT OR ORGANIZATION: Gemsong Ryan Jones | Carter LOCATION: 12151 S I-35 Frontage Rd, Austin, TX 78747 COUNCIL DISTRICT: District #5 ENVIRONMENTAL REVIEW STAFF: Pamela Abee-Taulli, Environmental Program Coordinator Development taulli@austintexas.gov 512.974.1879 Department, Services pamela.abee- WATERSHED: Onion Creek Watershed, Suburban Classification, Desired Development Zone REQUEST: Variance request is as follows: Request to vary from LDC 25-8-342 to allow fill to 25 feet to construct a driveway. STAFF RECOMMENDATION: Staff does not recommend this variance, having determined that the findings of fact have not been met. STAFF CONDITION: None. Development Services Department Staff Recommendations Concerning Required Findings Project Name: Ordinance Standard: Watershed Protection Ordinance Variance Request: Water Oak Apartments Request to vary from LDC 25-8-342 to allow fill to 25 feet to construct a driveway. 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 Land Development Code provides the ability for public roadways to exceed 4 feet of cut and fill within the existing right of way. Originally, the concept for this roadway was to build the road to public standard and then dedicate the roadway as public. Therefore, the grading meets the requirements for a public roadway. However, due to the design of the retaining walls required to contain the fill, the Public Works Department is unable to accept the roadway as a public ROW. Private roadways are not allowed to exceed 4 feet of cut and fill. This is why the variance is required. 2. The variance: a) 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; No The variance is necessitated by the construction method chosen by the applicant. The depth and quantity of fill is due to the applicant’s decision to fill rather than span the more than twenty (20) feet of grade change of the swale. b) Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; No The property is a …
Pamela Abee‐Taulli Environmental Program Coordinator Development Services Department 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[ Site Location Austin ETJ Austin City Limits Edwards Aquifer Recharge Zone Edwards Aquifer Contributing Zone March 2, 2022 2 Site Location [ March 2, 2022 3 • Onion Creek Watershed • Suburban Classification • Desired Development Zone • Full Purpose Jurisdiction • Not located over Edwards Aquifer Recharge Zone • No Critical Environmental Features • Council District 5 March 2, 2022 4 • This variance is requested for a roadway that is already under construction. • The applicant is in the process of building the roadway as part of a site plan that was approved and released in June of 2020. VARIANCE REQUEST The project. March 2, 2022 5 • Originally, the roadway was to be built to public standards and then dedicated as a public Right‐of‐Way (ROW). • Due to the design – which uses 25 feet of fill held by retaining walls – the Public Works Department is unable to accept the roadway as a public ROW to be maintained by the City. VARIANCE REQUEST The situation. March 2, 2022 6 • The Land Development Code provides the ability for public roadways to exceed 4 feet of cut and fill within a ROW. • The grading approved for the roadway as a public ROW meets the requirements of Code. VARIANCE REQUEST The situation. March 2, 2022 7 • However, private roadways are not allowed to exceed 4 feet of cut and fill. • As a private roadway, a variance is required. • Variance request is to vary from LDC 25‐8‐342 to allow fill to 25 feet to construct a driveway. VARIANCE REQUEST The variance. March 2, 2022 8 Roadway is partially completed. Arrow shows area of 25’ fill. [ March 2, 2022 9 March 2, 2022 10 [ March 2, 2022 11 • Staff does not support the variance. We do not feel it meets the findings of • 25‐8‐41(2)(a) and • 25‐8‐41(2)(b). March 2, …
1 ENVIRONMENTAL COMMISSION MOTION 20220302 004b Date: March 2, 2022 Subject: Case No. C814-97-0002.01; Mary Vice Estates PUD Lot 27 Amendment Motion by: Jennifer Bristol Seconded by: Perry Bedford RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting to amend a Planned Unit Development (PUD). WHEREAS, the Environmental Commission recognizes the site is located in the Carson Creek, Suburban Watershed; and WHEREAS, the Environmental Commission recognizes that staff recommends this variance, (with two staff 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. This application completes the project established by the PUD such that any further development or redevelopment is subject to current code at the time of site development permit application. 2. This project shall comply with current code, except for the following exceptions: a. 70% impervious cover on a net site area calculation shall be allowed rather than the 65% currently allowed for multi-family use. VOTE 8-0 For: Bedford, Qureshi, Thompson, Aguirre, Brimer, Barrett Bixler, Ramberg, Bristol Against: None Abstain: None Recuse: None Absent: Scott Approved By: Kevin Ramberg, Environmental Commission Chair 2
1 ENVIRONMENTAL COMMISSION MOTION 20220302 004c Date: March 2, 2022 Subject: Water Oak Apartments, SP-2019-0109C Motion by: Jennifer Bristol Seconded by: Perry Bedford RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting to vary from LDC 25-8-342 to allow fill to 25 feet to construct a driveway. WHEREAS, the Environmental Commission recognizes the site is located in the Onion Creek Watershed, Suburban Classification, Desired Development Zone, with no critical environmental features; and WHEREAS, the Environmental Commission recognizes that staff does not recommend this variance having determined the required Findings of Fact have not been met. With that in mind, the Environmental Commission does recommend the variance. THEREFORE, the Environmental Commission recommends the variance requested with the comment that City staff work collaboratively to ensure this situation does not occur in the future. VOTE 7-1 For: Bedford, Qureshi, Aguirre, Brimer, Barrett Bixler, Ramberg, Bristol Against: Thompson Recuse: None Absent: Scott Approved By: Kevin Ramberg, Environmental Commission Chair
ENVIRONMENTAL COMMISSION MEETING MINUTES Wednesday, March 30, 2022 The Environmental Commission convened in a public meeting on Wednesday, March 30, 2022 at the Permitting and Development Center (PDC) Room 1405, 6310 Wilhelmina Delco Drive, Austin, Texas 78752 Commissioners attending in person: Perry Bedford Rachel Scott Kevin Ramberg Jen Bristol Colin Nickells Commissioner attending remotely: Ana Aguirre Rick Brimer Audrey Barrett Bixler Pam Thompson Commissioners absent: Haris Qureshi Staff in Attendance: Morgan Byers Kaela Champlin Katie Coyne Anupa Gharpurey David Hillers Sara Hartley Amy Hunter Rick Holloway Liz Johnston Pam Kearfott Mike Kelly Keith Mars Angela Means Jorge Morales Naomi Rotramel Eric Ugalde Annie Van Zandt Jennifer Verhulst Erin Wood 1 CALL TO ORDER Chair Ramberg called the meeting to order at 6:04 P.M. PUBLIC 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. ITEMS FOR CONSIDERATION AND POSSIBLE ACTION a. Watershed Protection Department’s Fiscal Year 2022-2023 Forecast and Capital Improvement Program Plan—Anupa Gharpurey, Financial Manager, Erin Wood, Planner, and Annie Van Zandt, Capital Program Consultant, Watershed Protection Department (1 hour) A motion to recommend Watershed Protection Department’s Fiscal Year 2022- 2023 Forecast and Capital Improvement Program Plan was approved on Commissioner Bristol’s motion, Commissioner Thompson’s second on a 9-0 vote. Commissioner Qureshi was absent. Chair Ramberg called a 5-minute recess at 7:26 P.M. Chair Ramberg called the meeting to order at 7:34 P.M. b. Development Services Department’s Fiscal Year 2023-2027 Financial Forecast— Denise Lucas, Director; Angela Means, Assistant Director; Eric Ugalde, Financial Manager; David Hillers, Financial Manager; and Amy Hunter, Financial Manager, Development Services Department (1 hour) A motion to recommend Development Services Department’s Fiscal Year 2023- 2027 Financial Forecast was approved on Commissioner Bristol’s motion, Commissioner Ramberg’s second on a 9-0 vote. Commissioner Qureshi was absent. ADJOURNMENT Chair Ramberg adjourned the meeting at 9:00 P.M. The City of Austin is committed to compliance with the American with Disabilities Act. Reasonable modifications and equal access to communications will be provided upon request. Meeting locations are planned with wheelchair access. If requiring Sign Language Interpreters or alternative formats, please give notice at least 2 days before the meeting date. Please call Kaela Champlin at Watershed Protection Department, at (512) 974-3443 for additional information; TTY users route through Relay Texas at 711. For …
