Environmental Commission Special Called Meeting of the Environmental Commission - 6310 Wilhelmina Delco Drive, Events Center Room 1405, Austin, Texas 78752
Special Called Meeting of the Environmental Commission August 31, 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 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 The Environmental Commission will convene for a Commission Retreat at 6:00 P.M. on Wednesday, August 31st at the Permitting and Development Center. The agenda is as follows: CALL TO ORDER PUBLIC COMMUNICATION: GENERAL The first 5 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 2. 3. 4. DISCUSSION ITEMS 1. Discussion on variances and variance conditions Discussion on Planned Unit Developments (PUDs) and environmental superiority Discuss goals and objectives for the Environmental Commission 2022-23 calendar year Refresher on administrative procedures ADJOURNMENT 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 (48 hours) before the meeting date. Please call Kaela Champlin, Watershed Protection Department, at (512) 974-3443, Kaela.Champlin@austintexas.gov for additional information; TTY users route through Relay Texas at 711. For more information on the Environmental Commission, please contact Kaela Champlin, Watershed Protection Department, at (512) 974-3443, Kaela.Champlin@austintexas.gov. 2
VARIANCES and VARIANCE CONDITIONS Mike McDougal Environmental Policy Program Manager Development Services Department WHAT IS A VARIANCE? When an applicant cannot comply with a Code requirement, a variance to the Code is required. This is, in effect, a request to rescind a specific Code requirement for a specific project. For example A parking space is not permitted to be built on a slope over 15%. At the same time, the Code requires a specific quantity of parking spaces for a project. WHAT IS A VARIANCE? CONTINUED So an applicant might need to request permission to allow a parking space to be built on a slope over 15% in order to provide the required quantity of parking spaces. This request to rescind a Code requirement is a variance. Most commonly, applicants seek to vary a requirement in LDC 25-8. For simplicity, I’ll speak about variances to LDC 25-8. WHAT IS A VARIANCE? CONTINUED There are two types of environmental variances: 1. Administrative variances may be granted by Staff 2. Land Use Commission variances may not be granted by Staff WHAT IS A VARIANCE? CONTINUED The Code clearly states when and where Staff may grant an administrative variance. Very few regulations in the Code may be varied administratively. What is not an administrative variance must be a Land Use Commission variance. One notable exception is the SOS requirement. This cannot be varied; Council action is required if an applicant cannot comply with SOS requirements. WHAT IS A VARIANCE? CONTINUED When a variance is presented to the Environmental Commission, it is a Land Use Commission variance. LAND USE COMMISSION VARIANCES When Staff presents a Land Use Commission variance, we also recommend approval or denial of the variance request based on criteria in LDC 25-8-41 called the findings of fact. The findings of fact are a series of questions intended to analyze the merit of the variance request. LAND USE COMMISSION VARIANCES CONTINUED The Environmental Commission has the authority to consider factors beyond the findings of fact. The Environmental Commission may accept or reject Staff’s recommendation. LAND USE COMMISSION VARIANCES CONTINUED The Environmental Commission votes to approve or deny the variance. This vote represents a recommendation. After the Environmental Commission, the variance along with the Environmental Commission vote is presented to either Zoning and Platting Commission (ZAP) or Planning Commission (PC): -ZAP if there is no neighborhood plan; -PC if there is a neighborhood …
Planned Unit Developments Leslie Lilly Environmental Program Coordinator 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 What is a PUD § 2 5 . 2 . 1 4 4 P L A N N E D U N I T D E V E LO P M E N T ( P U D ) D I S T R I C T D E S I G N AT I O N A l a r g e o r c o m p l e x s i n g l e o r m u l t i - u s e d e v e l o p m e n t t h a t i s p l a n n e d a s a s i n g l e p r o j e c t a n d t h a t i s u n d e r u n i f i e d c o n t r o l . P u r p o s e o f P U D z o n i n g i s t o p r e s e r v e t h e n a t u r a l e n v i r o n m e n t , e n c o u r a g e h i g h q u a l i t y d e v e l o p m e n t a n d i n n o v a t i v e d e s i g n , a n d e n s u r e a d e q u a t e p u b l i c f a c i l i t i e s a n d s e r v i c e s . A P U D p r o v i d e s g r e a t e r d e s i g n f l e x i b i l i t y b y p e r m …
I SECOND THAT (E)MOTION How to make motions and when to use them YOU’VE GOT ME FEELING THAT MOTION Main motion – A motion must be made and seconded to initiate discussion on an issue (a limited amount of discussion may be allowed at the discretion of the Chair prior to the motion being made). Amendment - If you support the motion but would like to add something that doesn’t change the meaning of the motion, propose an amendment. The proposed amendment must be germane to the main motion. An amendment can be amended and is debatable. YOU’VE GOT ME FEELING THAT MOTION • A motion to amend requires a second. • After the motion to amend is seconded, a majority vote is needed. • Then a vote is taken on the amended motion. PAPA’S GOT A SUBSTITUTE MOTION • A substitute motion is a form of amendment applied when the desire is to amend a motion in several different, nonconsecutive places. • If you want to change the meaning of the motion or propose an alternative action to the main motion, use a substitute motion. PAPA’S GOT A SUBSTITUTE MOTION • Other types of substitute motions: • Motion to postpone – indefinitely/to a specific date • • Call for the question – if a member feels the item has been adequately discussed & it is time for a vote Table (means that the item will be discussed later in the same meeting) PAPA’S GOT A SUBSTITUTE MOTION • Up to one main motion and two substitute motions may be on the floor at one time. • • If the substitute passes, it does away with the prior motion. If it fails, the previous motion comes back up for consideration. LESSER USED MOTIONS Motion to reconsider – Can only be made by a member on the prevailing side of a previous vote. If seconded and passed, it rescinds the previous vote and brings the motion back for discussion. HANDLING MORE THAN ONE MOTION • Secretary: “I propose a motion to approve the variance with the following conditions: the applicant will provide extra tree mitigation.” • Commissioner A: “I move to amend the motion that the condition includes that the applicant will provide 50 extra inches of tree mitigation.” • Commissioner B: “I propose a substitute motion to deny the requested variance.” METHODS OF VOTING • Adopt by consensus: If there …
2. 3. 4. ENVIRONMENTAL COMMISSION SPECIAL CALLED MEETING MINUTES 31, August, 2022 The Environmental Commission convened in a special called meeting on 31, August, 2022 at 6310 Wilhelmina Delco Drive in Austin, Texas. Commissioners in Attendance: Ana Aguirre, Audrey Barrett Bixler, Rick Brimer, Colin Nickells, Haris Qureshi, Kevin Ramberg, and Melinda Schiera. Commissioners in Attendance Remotely: Perry Bedford, Jennifer Bristol, Rachel Scott, and Pam Thompson. CALL TO ORDER Chair Ramberg called the Environmental Commission Meeting to order at 6:06 P.M. PUBLIC COMMUNICATION: GENERAL The first 5 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 DISCUSSION ITEMS 1. Discussion on variances and variance conditions Item conducted as posted. No action taken. Discussion on Planned Unit Developments (PUDs) and environmental superiority Item conducted as posted. No action taken. Discuss goals and objectives for the Environmental Commission 2022-23 calendar year Item conducted as posted. No action taken. A motion to extend the meeting until 10:15 P.M. was approved on Commissioner Ramberg’s motion, Commissioner Bedford’s second on a 9-1 vote. Commissioner Thompson voted Nay. Commissioner Nickels was absent. Refresher on administrative procedures A motion to postpone the refresher on administrative procedures was approved on Commissioner Ramberg’s motion, Commissioner Qureshi’s second on a 10-0 vote. Commissioner Nickels was absent. 1 ADJOURNMENT Chair Ramberg adjourned the meeting at 10:15 P.M. without objection. The minutes of the August 31, 2022 Environmental Commission Special Called Meeting were approved on Commissioner Bristol’s motion, Commissioner Thompson’s second on a 9-0 vote. Commissioner Nickells abstained. Commissioner Scott was off the dais. 2
