Environmental Commission - Aug. 3, 2022

Environmental Commission Regular Meeting of the Environmental Commission - 6310 Wilhelmina Delco Drive, Events Center Room 1405, Austin, Texas 78752

Agenda original pdf

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Regular Meeting of the Environmental Commission August 3, 2022 at 6:00 P.M. Permitting and Development Center, Events Center, Room 1405 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 Kaela Champlin, Watershed Protection Department, at (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). CURRENT COMMISSIONERS: Haris Qureshi Rachel Scott Pam Thompson Melinda Schiera Audrey Barrett Bixler Colin Nickells Jennifer Bristol, Secretary Kevin Ramberg, Chair Ana Aguirre Richard Brimer Perry Bedford, 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. APPROVAL OF MINUTES AND ACTION 1. Approval the minutes of the Environmental Commission Regular Meeting on July 6, 2022 (5 minutes) 1 4. DISCUSSION ITEMS 2. PUBLIC HEARINGS 3. Update on Environmental Commission Annual Report—Kevin Ramberg, Environmental Commission Chair (10 minutes) Name: Bull Creek PUD Amendment #3, Case No. C814-2009-0139.03 Applicant: David Armbrust, Armbrust & Brown Location: 5305, 5400, 5404, 5408, 5505, Paradox Cove; 4909, 4915-1/2, 4929 FM 2222 Road Council District: District 10 Staff: Leslie Lilly, Environmental Program Coordinator, Watershed Protection Department Watershed: Bull Creek Watershed, Water Supply Suburban, Drinking Water Protection Zone Requests: To amend a Planned Unit Development (PUD) Staff Recommendation: Staff recommended with conditions (30 minutes) Name: 5709 Sam Houston Circle Boat Dock, SP-2021-0300D Applicant: Holly Gunn Location: 5709 Sam Houston Circle, Austin, Texas, 78731 Council District: District # 10 Staff: Eric Brown, Senior Environmental Scientist, Watershed Protection Department Watershed: Lake Austin and Bull Creek Watersheds, Water Supply Suburban, Drinking Water Protection Zone Requests: Request to vary from LDC 25-8-281(C)(2)(b) to allow the construction within 150- …

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20220803-002: 22-23 Annual Internal Review original pdf

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Annual Internal Review This report covers the time period of 7/1/2022 to 6/30/2023 _Environmental Commission __ (Official Name of Board or Commission) The Board/Commission mission statement (per the City Code) is: Per section 2-1-144(F) of the City Code, the Environmental Commission may: 1) review and analyze the policies relating to the environmental quality of the city; (2) act as an advisory board to the city council, the city manager, and the department in their efforts to oversee the protection and integrity of the natural environment; (3) promote growth management and land use planning, minimize degradation of water resources, protect downstream areas, and promote recreation opportunities and environmental awareness; and (4) advise and recommend on any issue which the commission determines necessary or advisable for the enhancement and stewardship of the urban forest both public and private. (G) The commission shall: (1) assist the city council, the city manager, and the department in studying, promoting and enforcing environmental protection policies to assure the health, safety, welfare and quality of life of all citizens within the City's incorporated boundaries as well as those within its extraterritorial jurisdiction where the boundaries apply; and (2) oversee the development and implementation of a comprehensive plan for the planting, maintenance, and replacement of trees in the City's jurisdiction, and revise the plan as necessary. When a portion of the plan has been developed and established, it shall be submitted to the city council for adoption before implementation. (H) The commission shall advise the city council, the city manager, and the department concerning policies, projects, and programs that affect the quality of life or have the potential to affect the environment, including those that relate to or affect: Annual Review and Work Plan 7/1/2022 to 6/30/2023 Page 2 (1) water quality: (a) watershed protection; (b) urban runoff; (c) innovative wastewater treatment; (d) regional wastewater treatment; (e) improvement and protection of the Colorado River and the Edwards Aquifer; and (f) wastewater irrigation; (2) growth management and land use planning: (a) municipal utility district review; (b) capital improvement project review; and (c) the comprehensive plan; (3) construction controls for erosion and sedimentation; (4) City environmental policies regarding monitoring and enforcement; (5) solid waste disposal plan alternatives; (6) watershed protection: (a) flood control; (b) erosion control; (c) water quality; and (d) utility management; (7) roadway planning; (8) beautification; (9) recreation resources; (10) public education on environmental matters; (11) hazardous waste …

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20220803-003: Bull Creek PUD Amendment #3 Case No. C814-2009-0139.03 staff presentation original pdf

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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: August 6, 2022 Case No. C814-2009-0139.03; Bull Creek PUD Amendment #3 Armbrust & Brown (David Armbrust) 5305, 5400, 5404, 5408, 5505, Paradox Cove; 4909, 4915-1/2, 4929 FM 2222 Road 10 Leslie Lilly, Environmental Program Coordinator Leslie.lilly@austintexas.gov Bull Creek/ Watersupply Suburban Watershed To amend a Planned Unit Development (PUD) Staff recommended with conditions 1. This applicant completes the restoration plan prior to the conversion of the property to civic use as established by the PUD (and referenced in site plan SP-2021-0249D) 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 25-8, except for the relevant code modifications included in the PUD amendment. 3. This project shall comply with the environmental superiority elements included in the PUD amendment. Bull Creek PUD 5305, 5400, 5404, 5408, 5505, Paradox Cove; 4909, 4915-1/2, 4929 FM 2222 Road C814-2009-0139.03 (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 Bull Creek PUD was approved by council in 2009, designating the type of development allowed for this single-family residential property. • The applicant is requesting a PUD Amendment, which includes revising the Land Use Plan (exhibit C) and Restoration plan (exhibit F) for the property. Site Conditions • Located in Full Purpose Jurisdiction • The site is located at the confluence of Bull Creek and Lake Austin • In both the Bull Creek and Lake Austin Watersheds Environmental Features • The property has both rimrock CEFs and wetland CEFs • The SW portion of the property is in the 100-year floodplain • The SW bank was impounded before 1958 • The shoreline has a fringe of large cypress trees • The southern section of the property is dominated by bermuda grass lawn with heritage pecan trees Historic Aerial 1940 Requested Code Modifications 1. 2. Section 25-8-341 modified to allow cut to exceed 4 feet (up to 8 feet) to allow for the construction of habitat pond as shown in Exhibit J of applicant back up Section 25-8-342 modified to allow fill …

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20220803-003: Bull Creek PUD Amendment #3 Case No. C814-2009-0139.03 zoning packet part 1 of 2 original pdf

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ZONING CHANGE REVIEW SHEET Amendment #3 DISTRICT: 10 CASE: C814-2009-0139.03 – Bull Creek PUD ZONING FROM: PUD ADDRESS: 5305, 5400, 5404, 5408, 5505 Paradox Cove; 4909, 4915-1/2, 4929 FM 2222 Road SITE AREA: 54.70 acres PROPERTY OWNER: David G. Booth, Trustee for the David Booth Revocable Trust AGENT: Armbrust & Brown, PLLC (David Armbrust) TO: PUD, to change conditions of zoning CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant an amendment to planned unit development (PUD) district zoning as outlined in the redlined draft PUD amendment ordinance, and as shown in Exhibit C – the revised Land Use Plan, and supporting Exhibits F, J, K, N, and O. For a summary of the basis of Staff’s recommendation, please see pages 2 - 6. ENVIRONMENTAL COMMISSION ACTION: August 3, 2022: July 6, 2022: APPROVED A POSTPONEMENT REQUEST BY THE NEIGHBORHOOD TO AUGUST 3, 2022 May 4, 2022: APPROVED A POSTPONEMENT REQUEST BY THE STAFF [P. BEDFORD; R. SCOTT – 2ND] (10-0) P. THOMPSON – ABSENT ZONING AND PLATTING COMMISSION ACTION: August 16, 2022: July 19, 2022: APPROVED A POSTPONEMENT REQUEST BY STAFF TO AUGUST 16, 2022 [J. BRISTOL; P. BEDFORD – 2ND] (9-0) K. RAMBERG; M. SHIERA – ABSENT [H. SMITH; D. KING – 2ND] (7-0) C. ACOSTA, N. BARRERA-RAMIREZ, A. DENKLER, R. WOODY – ABSENT June 21, 2022: APPROVED A POSTPONEMENT REQUEST BY STAFF TO JULY 19, 2022, BY CONSENT [H. SMITH; J. KIOLBASSA – 2ND] (11-0) C814-2009-0139.03 Page 2 May 17, 2022: APPROVED A POSTPONEMENT REQUEST BY STAFF TO JUNE 21, 2022, BY CONSENT [B. GREENBERG; C. THOMPSON – 2ND] (7-0) C. ACOSTA – OFF THE DAIS; J. KIOLOBASSA, H. SMITH, R. WOODY – ABSENT April 19, 2022: APPROVED A POSTPONEMENT REQUEST BY STAFF TO MAY 17, 2022, BY CONSENT March 1, 2022: APPROVED A POSTPONEMENT REQUEST BY STAFF TO APRIL 19, 2022 [J. KIOLBASSA; A. DENKLER – 2ND] (11-0) [H. SMITH; A. DENKLER – 2ND] (9-0) S. BOONE; R. WOODY – ABSENT January 18, 2022: APPROVED A POSTPONEMENT REQUEST BY STAFF TO MARCH 1, 2022 [H. SMITH; C. ACOSTA – 2ND] (10-0) R. WOODY – OFF THE DAIS [H. SMITH; D. KING – 2ND] (10-0) ONE VACANCY ON THE DAIS August 4, 2020: APPROVED AN INDEFINITE POSTPONEMENT REQUEST BY STAFF CITY COUNCIL ACTION: To be scheduled ORDINANCE NUMBER: ISSUES: The Applicant has discussed the proposed PUD amendment with Courtyard Homeowners Association, Cat …

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20220803-003: Bull Creek PUD Amendment #3 C814-2009-0139.03 Recommendation original pdf

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1 ENVIRONMENTAL COMMISSION MOTION 20220803-003 Date: August 3, 2022 Subject: Case No. C814-2009-0139.03; Bull Creek Planned Unit Development Amendment #3 Motion by: Jennifer Bristol RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting an amendment to a Planned Unit Development (PUD); WHEREAS, the Environmental Commission recognizes the site is located in the Lake Austin and Bull Creek/ Water supply Suburban Watershed; and Seconded by: Kevin Ramberg 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. This applicant completes the restoration plan prior to the conversion of the property to civic use as established by the PUD (and referenced in site plan SP-2021-0249D) 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 25-8-261, except for the relevant code modifications included in the 3. This project shall comply with the environmental superiority elements included in the PUD PUD amendment. amendment. and the following Environmental Commission Conditions: 1. Include language addressing the CEF buffer, stormwater, that was agreed upon by staff, neighborhood groups, and the applicant on August 3, 2022 so it is reflected in the PUD and site plan. 2. Include language approved by staff on August 3, 2022 prior to the Environmental Commission meeting to be included in the forthcoming site plan to address the CEF including engaging geotechnical and structural experts to design the proposed building to the highest standard of care for the preservation and protection of the CEF. 3. Include the commitment to meet with TXDOT to finalize concerns regarding the entrance and 4. Include language that was agreed upon by the neighborhood group, applicant, and staff regarding 5. Include language to agree to keep the shoreline clean of trash and provide recycling options 6. Encourage the applicant to meet with necessary parties to establish a no-wake zone. exit to the property. sound. throughout the property. VOTE 9-0 For: Aguirre, Bedford, Brimer, Bristol, Nickells, Ramberg, Schiera, Scott, and Qureshi Against: None Abstain: None Recuse: None Absent: Thompson and Barrett Bixler Approved By: Kevin Ramberg, Environmental Commission Chair 2

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20220803-004: 5709 Sam Houston Circle Boat Dock SP-2021-0300D Recommendation original pdf

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1 ENVIRONMENTAL COMMISSION MOTION 20220803-004 Seconded by: Perry Bedford Date: August 3, 2022 Subject: 5709 Sam Houston Circle Boat Dock, SP-2021-0300D Motion by: Jennifer Bristol WHEREAS, the Environmental Commission recognizes the applicant is requesting to vary from LDC 25-8-281(C)(2)(b) to allow the construction within 150-foot of a rimrock and seep Critical Environmental Feature (CEF). WHEREAS, the Environmental Commission recognizes the site is located in the Lake Austin and Bull Creek Watersheds, Water Supply Suburban, Drinking Water Protection 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. All construction to occur via barge. Remove existing boat dock as specified on plans; restore disturbed areas per City Standard Specification 609S; provide wetland mitigation plantings specified on plans. and the following Environmental Commission Conditions: 1. Remove invasive plant species in the disturbed area. VOTE 9-0 For: Aguirre, Bedford, Brimer, Bristol, Nickells, Ramberg, Schiera, Scott, and Qureshi Against: None Abstain: None Recuse: None Absent: Thompson and Barrett Bixler Approved By: Kevin Ramberg, Environmental Commission Chair 2

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20220803-005: Borders Boat Dock 1 SP-2021-0084D Recommendation original pdf

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1 ENVIRONMENTAL COMMISSION MOTION 20220803-005 Date: August 3, 2022 Subject: Borders Boat Dock 1, SP-2021-0084D Motion by: Jennifer L. Bristol Seconded by: Perry Bedford RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting a variance request as follows: vary from LDC 25-8-281(C)(2)(b) to allow the construction within 150-foot of a rimrock Critical Environmental Feature (CEF). WHEREAS, the Environmental Commission recognizes the site is located in the Lake Austin watershed, and Taylor Slough South Watershed, Water Supply Suburban, Drinking Water Protection Zone; and WHEREAS, the Environmental Commission recognizes that staff recommends this variance with conditions, having determined the findings of fact to have been met; THEREFORE, the Environmental Commission recommends the variance request with the following: Staff Conditions: 1. Mitigation plantings upslope of rimrock to assist in soil stabilization. 2. Signed PG Letter for long-term stability of rimrock from new walkway. and the following Environmental Commission Conditions: 1. Remove invasive plant species in the disturbed area and use native plants in restoration and planter areas. VOTE 9-0 For: Aguirre, Bedford, Brimer, Bristol, Nickells, Ramberg, Schiera, Scott, and Qureshi Against: None Abstain: None Recuse: None Absent: Thompson and Barrett Bixler Approved By: Kevin Ramberg, Environmental Commission Chair 2

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Approved Minutes original pdf

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ENVIRONMENTAL COMMISSION REGULAR MEETING MINUTES 3, August, 2022 The Environmental Commission convened in a regular meeting on 3, August, 2022 at 6310 Wilhelmina Delco Drive in Austin, Texas. Board Members/Commissioners in Attendance: Perry Bedford, Jennifer Bristol, Melinda Schiera, Kevin Ramberg, and Haris Qureshi. Board Members/Commissioners in Attendance Remotely: Ana Aguirre, Rick Brimer, Colin Nickells, and Rachel Scott. Board Members/Commissioners Absent: Audrey Barrett Bixler and Pam Thompson CALL TO ORDER Chair Ramberg called the Environmental Commission Meeting to order at 6:01 P.M. PUBLIC COMMUNICATION: GENERAL Kimery Duda, The Expedition School Adam Shedlosky, The Expedition School APPROVAL OF MINUTES AND ACTION 1. Approval the minutes of the Environmental Commission Regular Meeting on July 6, 2022 (5 minutes) The minutes of the July 6, 2022 Environmental Commission Regular Meeting were approved on Vice-Chair Bedford’s motion, Secretary Bristol’s second on an 8-0 vote. Commissioner Ramberg abstained. Commissioners Thompson and Barrett Bixler were absent. DISCUSSION ITEMS 2. Update on Environmental Commission Annual Report—Kevin Ramberg, Environmental Commission Chair (10 minutes) Item conducted as posted. No action taken. PUBLIC HEARINGS 3. Name: Bull Creek PUD Amendment #3, Case No. C814-2009-0139.03 Applicant: David Armbrust, Armbrust & Brown Location: 5305, 5400, 5404, 5408, 5505, Paradox Cove; 4909, 4915-1/2, 4929 FM 2222 Road Council District: District 10 Staff: Leslie Lilly, Environmental Program Coordinator, Watershed Protection Department 1 4. Watershed: Bull Creek Watershed, Water Supply Suburban, Drinking Water Protection Zone Requests: To amend a Planned Unit Development (PUD) Staff Recommendation: Staff recommended with conditions (30 minutes) Speakers David Armbrust, Attorney, Armbrust and Brown Daniel Woodruff, Landscape Architect Denise Hogan, Courtyard HOA Linda Bailey A motion to close the public hearing was approved on Vice Chair Bedford’s motion, Chair Ramberg’s second without objection. A motion to approve the request to amend the Bull Creek PUD Amendment #3 was approved on Secretary Bristol’s motion, Chair Ramberg’s second on a 9-0 vote. Commissioners Thompson and Barrett Bixler were absent. Name: 5709 Sam Houston Circle Boat Dock, SP-2021-0300D Applicant: Holly Gunn Location: 5709 Sam Houston Circle, Austin, Texas, 78731 Council District: District # 10 Staff: Eric Brown, Senior Environmental Scientist, Watershed Protection Department Watershed: Lake Austin and Bull Creek Watersheds, Water Supply Suburban, Drinking Water Protection Zone Requests: Request to vary from LDC 25-8-281(C)(2)(b) to allow the construction within 150-foot of a rimrock and seep Critical Environmental Feature (CEF) Staff Recommendation: Staff recommends this variance with conditions (15 minutes) Speakers Jon Fichter, Aqua Permits A …

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