Regular Meeting of the Environmental Commission November 16, 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 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 November 2, 2022 (5 minutes) 1 3. 5. ENVIRONMENTAL OFFICER UPDATES 2. Update on amendments to Title 25 related to environmental protection, landscape requirements, and site plan requirements—Liz Johnston, Deputy Environmental Officer, Watershed Protection Department (5 minutes) Update on Bull Creek PUD Amendment #3, Case No. C814-2009-0139.03—Liz Johnston, Deputy Environmental Officer, Watershed Protection Department (5 minutes) PUBLIC HEARINGS 4. Name: 1703 N River Hills Road Marina Reconstruction, SP-2022-0167D Applicant: Janis Smith, Janis Smith Consulting, LLC Location: 1703 N River Hills Road, Austin, Texas, 78733 Council District: District 10 Staff: Pamela Abee-Taulli, Environmental Program Coordinator, Development Services Department and Miranda Reinhard, Environmental Scientist Senior, Watershed Protection Department Watershed: Lake Austin Watershed, Water Supply Rural Classification, Drinking Water Protection Zone Request: 1. Request to vary LDC 25-8-261 Critical Water Quality Zone (CWQZ) development to allow, in the CWQZ of Lake Austin, development of a gasoline fuel line with a dispenser at the dock for re-fueling private boats …
ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: November 16, 2022 NAME & NUMBER OF PROJECT: 1703 N. River Hills Road Marina Reconstruction SP-2022-0167D (W/R SP-2020-0307D) NAME OF APPLICANT OR ORGANIZATION: Janis Smith Janis Smith Consulting, LLC LOCATION: 1703 River Hills Rd, Austin, TX 78733 COUNCIL DISTRICT: District 10 ENVIRONMENTAL REVIEW STAFF: WATERSHED: REQUEST: STAFF RECOMMENDATION: STAFF CONDITION: Miranda Reinhard, Environmental Scientist Senior Watershed Protection Department 512-978-1537, miranda.reinhard@austintexas.gov Lake Austin Watershed Watershed Supply Rural Classification Drinking Water Protection Zone Variance request is as follows: Request to vary from LDC 25-8-368(E) to allow more than 25 cubic yards of dredging in Lake Austin. Staff recommends this variance, having determined the findings of fact to have been met. Staff recommends the following conditions: 1) Install sediment boom to minimize sediment disturbance 2) Install temporary orange construction fencing around the entire boundaries of the wetland CEF not included in the LOC to prevent encroachment into the wetland CEF. 3) Provide additional mitigation, beyond the requirements for wetlands (32 plantings of American water willow (Justicia americana), giant cutgrass (Zizaniopsis miliacea), or other herbivory resistant obligate wetland species emerged in the water along the shoreline) Development Services Department Staff Recommendations Concerning Required Findings Project Name: 1703 N. River Hills Road Mariana Reconstruction SP-2022- 0167D (W/R SP-2020-0307D) Ordinance Standard: Watershed Protection Ordinance (current code) Variance Request: Request to vary from LDC 25-8-368(E) to allow more than 25 cubic yards of dredging in Lake Austin. 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. 2. The project proposes to modify an existing marina, built prior to 1965, 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 by replacing the existing 21 slips with 16 code-compliant slips, within the existing footprint. A “similarly situated property with approximately contemporaneous development subject to similar code requirements” is SP- 2018-0221C, West Harbour Marina. The project was granted a variance in 2019 to dredge 422 cubic yards (CY) or about 16 CY per boat slip. The current variance application is to dredge 97.4 CY, or about 6.1 CY per boat slip. LDC 25-2-1176(B) allows construction of a marina. LDC 25-2-963 (D) allows modification and maintenance of non-complying docks. LDC 25-8-368(E) allows up to 25 CY of dredging in a lake for …
CONCORDIA UNIVERSITY SPORTS COMPLEX 8200 KILIAN ROAD AUSTIN, TEXAS, 78726 SP-2022-0020C Mel Fuechec Environmental Review Specialist Senior Development Services Department 1 SITE LOCATION Site Location Austin ETJ Austin City Limits Edwards Aquifer Recharge Zone Edwards Aquifer Contributing Zone 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. 2 0510Miles[ PROPERTY DATA • Bull Creek, Water Supply Suburban Classification • Full Purpose Jurisdiction • Council District 6 • Drinking Water Protection Zone • Located over Edwards Aquifer Recharge Zone • 6 Critical Environmental Features • 1 Minor Critical Water Quality Zone • Subject to Schlumberger Planned Development Area, Ordinance No. 20070215-042 (as amended) and Lake Austin Watershed Ordinance No. 840301-F as stated in the Planned Development Area 3 4 VARIANCE REQUEST To vary from Lake Austin Watershed Ordinance No. 840301-F - Section 9-10-409(a) – for fill exceeding four feet (to ~12’) - Section 9-10-409(b) – for cut exceeding four feet (to ~15’) In order to construct NCAA compliant training and playing facilities, associated parking and pedestrian improvements, and biofiltration ponds and rain gardens 5 BACKGROUND The natural slope of the property, the locations of CEF setbacks, the size and orientation required of NCAA compliant facilities, and the requirement that such playing fields maintain a constant elevation necessitate the proposed grading. In an effort to balance the required earthwork and minimize the cut and fill required to the maximum extent practicable, portions of the emergency access road are proposed at the maximum allowable slope for an emergency access road; and the tennis courts are tiered to reduce the amount of grading required for their construction. All developed runoff will be treated by two biofiltration ponds, two detention ponds, and rain gardens. No developed runoff will flow to the critical environmental features. 6 7 FINDINGS OF FACT Land Use Commission variance determinations from Section 9-10-377 of A. the City Code: 1. Are there special circumstances applicable to the property involved where strict application deprives such property owner of privileges or safety enjoyed by other similarly situated property with similarly timed development? …
Pamela Abee-Taulli Environmental Program Coordinator, Development Services Department Miranda Reinhard Environmental Scientist Senior, Watershed Protection Department 1703 N. RIVER HILLS ROAD MARINA RECONSTRUCTION 1703 RIVER HILLS RD, 78733 SP-2022-0167D 2022-11-16 1 PROJECT LOCATION 2022-11-16 2 [ PROJECT LOCATION Project Location Lake Austin Capitol 2022-11-16 3 [ PROPERTY DATA • Lake Austin Watershed • Water Supply Rural Classification • Drinking Water Protection Zone • Full and Limited Purpose Jurisdictions • No creeks or creek buffers; two (2) wetland Critical Environmental Features; Lake Austin buffer • Council District 10 2022-11-16 4 [ VARIANCE REQUESTS LDC 25-8-261CRITICAL WATER QUALITY ZONE DEVELOPMENT 1. to allow, in the CWQZ of Lake Austin, development of a gasoline fuel line with a dispenser at the dock for re-fueling private boats. LDC 25-8-368 (E) - RESTRICTIONS ON DEVELOPMENT IMPACTING LAKE AUSTIN, LADY BIRD LAKE, AND LAKE WALTER E. LONG. (E) 2. to allow, more than 25 cubic yards of dredging in Lake Austin. 2022-11-16 5 VARIANCE REQUEST 1 Request to vary LDC 25-8-261CRITICAL WATER QUALITY ZONE DEVELOPMENT to allow, in the CWQZ of Lake Austin, development of a gasoline fuel line with a dispenser at the dock for re-fueling private boats. 2022-11-16 6 SITE 2022-11-16 +/- 10’ high ‘Cliff’ Lake Austin 7 [ SITE 2022-11-16 100’ CWQZ setback +/- 10’ high ‘Cliff’ Lake Austin 8 [ SITE 2022-11-16 100’ CWQZ setback Wetland +/- 10’ high ‘Cliff’ Lake Austin 9 [ Cluster of trees Fuel line above ground Fuel line below ground FUEL LINE LAYOUT Fuel tank 2022-11-16 Lake Austin 10 [ FUEL LINE LAYOUT Fuel line above ground Fuel line below ground Wetland Fuel tank 2022-11-16 The layout avoids the wetland. Lake Austin 11 [ FUEL LINE LAYOUT Fuel tank 2022-11-16 Fuel line above ground Fuel line below ground The layout avoids the wetland. But it goes through the cluster of trees. Cluster of trees Lake Austin 12 [ RAW WATER INTAKE FOR TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT #20 Travis County Water Control and Improvement District (WCID) #20 has a water treatment plant (WTP) on the lot adjacent to the variance site. The raw water intake for the WTP is approximately 800 feet downstream of the variance site. 2022-11-16 Water Treatment Plant Intake 1000’ Buffer 13 RAW WATER INTAKE FOR TRAVIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT #20 The water treatment plant for WCID #20 typically treats approximately 1 million gallons of water per day during …
1 ENVIRONMENTAL COMMISSION MOTION 20221116-004 Date: November 16, 2022 Motion by: Jennifer Bristol RATIONALE: Subject: 1703 N. River Hills Road Marina Reconstruction, SP-2022-0167D Seconded by: Perry Bedford WHEREAS, the Environmental Commission recognizes the applicant is requesting to vary from LDC 25-8- 261 Critical Water Quality Zone (CWQZ) Development to allow, in the CWQZ of Lake Austin, development of a gasoline fuel line with a dispenser at the dock for re-fueling private boats; and WHEREAS, the Environmental Commission recognizes the site is located in the Lake Austin Watershed, Water Supply Rural Classification, Drinking Water Protection Zone; and WHEREAS, the Environmental Commission recognizes that Staff does not recommend this variance, having determined that the findings of fact have not been met. THEREFORE, the Environmental Commission does not recommend this variance. VOTE: 9-1 For: Ana Aguirre, Perry Bedford, Rick Brimer, Jennifer Bristol, Haris Qureshi, Kevin Ramberg, Melinda Schiera, Rachel Scott, and Pam Thompson Against: Colin Nickells Abstain: None Recuse: None Absent: Audrey Barrett Bixler Approved By: Kevin Ramberg, Environmental Commission Chair
1 ENVIRONMENTAL COMMISSION MOTION 20221116-004 Date: November 16, 2022 Subject: 1703 N. River Hills Road Marina Reconstruction (W/R SP-2020-0307D) SP-2022-0167D Seconded by: Kevin Ramberg Motion by: Jennifer L. Bristol RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting Variance request is as follows: Request to vary from LDC 25-8-368(E) to allow more than 25 cubic yards of dredging in Lake Austin.; and WHEREAS, the Environmental Commission recognizes the site is located in the Lake Austin Watershed, Water Supply Rural Classification, Drinking Water Protection Zone; and WHEREAS, the Environmental Commission recognizes that Staff recommends this variance, having determined the findings of fact to have been met. THEREFORE, the Environmental Commission recommends this variance with the following conditions: Staff conditions: 1) Install sediment boom to minimize sediment disturbance 2) Install temporary orange construction fencing around the entire boundaries of the wetland CEF not included in the LOC to prevent encroachment into the wetland CEF. 3) Provide additional mitigation, beyond the requirements for wetlands (32 plantings of American water willow (Justicia americana), giant cutgrass (Zizaniopsis miliacea), or other herbivory resistant obligate wetland species emerged in the water along the shoreline). VOTE 7-3 For: Ana Aguirre, Perry Bedford, Jennifer Bristol, Haris Qureshi, Kevin Ramberg, and Melinda Schiera Against: Rick Brimer, Pam Thompson, Rachel Scott Abstain: None Recuse: None Absent: Audrey Barrett Bixler Approved By: Kevin Ramberg, Environmental Commission Chair 2
1 ENVIRONMENTAL COMMISSION MOTION 20221116-005 Seconded by: Perry Bedford Date: November 16, 2022 Subject: Concordia University Sports Complex, SP-2022-0020C Motion by: Jennifer Bristol RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting to vary from Lake Austin Watershed Ordinance No. 840301-F Section 9-10-409(b) to allow cut exceeding four feet to fifteen feet; and WHEREAS, the Environmental Commission recognizes the site is located in the Bull Creek, Water Supply Suburban Classification, Drinking Water Protection Zone; and WHEREAS, the Environmental Commission recognizes the site is located within the Endangered Golden- cheeked Warbler Habitat; and WHEREAS, the Environmental Commission recognizes that Staff recommends this variance, with staff conditions having determined the required Findings of Fact have been met. THEREFORE, the Environmental Commission recommends the variance requests with the following: Staff Conditions: 1) The site shall be graded so that no developed surface runoff drains to the CEF to the east of the track and 2) COA 609S native seeding and planting shall be installed in any disturbed area adjacent to the track and field. field. 3) A one-acre tract shall be dedicated as a conservation easement with Travis County and the following Environmental Commission Conditions: 1. Work with city staff, Travis Audubon and Balcones Canyonlands Conservation Plan Citizen’s Advisory Committee to develop an outdoor lighting plan that includes the campus sports complexes, both existing and new. The lighting plan shall: a. Follow the International Dark Sky Association recommendations for Community-Friendly Outdoor Sports Lighting to reduce light pollution. b. Create a “lights out” plan during peak bird migration for the Golden-cheeked Warbler and other migratory birds from March until May, and September to November. 2. Include at least 10% EV charging stations within the new parking area. 3. Include pollinator plants and pollinator gardens that support butterflies, bees, and hummingbirds. VOTE: 9-0 For: Ana Aguirre, Perry Bedford, Rick Brimer, Jennifer Bristol, Colin Nickells, Haris Qureshi, Melinda Schiera, Rachel Scott, and Pam Thompson Against: None Recuse: Kevin Ramberg Absent: Audrey Barrett Bixler Approved By: Perry Bedford, Environmental Commission Vice Chair 2
1 ENVIRONMENTAL COMMISSION MOTION 20221116-005 Seconded by: Perry Bedford Date: November 16, 2022 Subject: Concordia University Sports Complex, SP-2022-0020C Motion by: Jennifer Bristol RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting to vary from Lake Austin Watershed Ordinance No. 840301-F Section 9-10-409(b) to allow cut exceeding four feet to fifteen feet and Section 9-10-409(a) to allow fill exceeding four feet up to twelve feet; and WHEREAS, the Environmental Commission recognizes the site is located in the Bull Creek, Water Supply Suburban Classification, Drinking Water Protection Zone; and WHEREAS, the Environmental Commission recognizes the site is located within the Endangered Golden- cheeked Warbler Habitat; and WHEREAS, the Environmental Commission recognizes that Staff recommends these variances, with staff conditions, having determined the required Findings of Fact have been met. THEREFORE, the Environmental Commission recommends the variance requests with the following: Staff Conditions: 1) The site shall be graded so that no developed surface runoff drains to the CEF to the east of the track and 2) COA 609S native seeding and planting shall be installed in any disturbed area adjacent to the track and field. field. 3) A one-acre tract shall be dedicated as a conservation easement with Travis County and the following Environmental Commission Conditions: 1. Work with city staff, Travis Audubon and Balcones Canyonlands Conservation Plan Citizen’s Advisory Committee to develop an outdoor lighting plan that includes the campus sports complexes, both existing and new. The lighting plan shall: a. Follow the International Dark Sky Association recommendations for Community-Friendly Outdoor Sports Lighting to reduce light pollution. b. Create a “lights out” plan during peak bird migration for the Golden-cheeked Warbler and other migratory birds from March until May, and September to November. 2. Include at least 10% EV charging stations within the new parking area. 3. Include pollinator plants and pollinator gardens that support butterflies, bees, and hummingbirds. VOTE: 9-0 For: Ana Aguirre, Perry Bedford, Rick Brimer, Jennifer Bristol, Colin Nickells, Haris Qureshi, Melinda Schiera, Rachel Scott, and Pam Thompson Against: None Recuse: Kevin Ramberg Absent: Audrey Barrett Bixler Approved By: Perry Bedford, Environmental Commission Vice Chair 2
ENVIRONMENTAL COMMISSION REGULAR MEETING MINUTES 16, November, 2022 The Environmental Commission convened in a regular meeting on 16, November, 2022 at 6310 Wilhelmina Delco Drive in Austin, Texas. Commissioners in Attendance: Ana Aguirre, Perry Bedford, Rick Brimer, Jennifer Bristol, Colin Nickells, Haris Qureshi Kevin Ramberg, Melinda Schiera, and Rachel Scott. Commissioners in Attendance Remotely: Pam Thompson. Commissioners absent: Audrey Barrett Bixler CALL TO ORDER Chair Ramberg called the Environmental Commission 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 APPROVAL OF MINUTES AND ACTION 1. Approval the minutes of the Environmental Commission Regular Meeting on November 2, 2022 (5 minutes) The minutes of the November 2, 2022 Environmental Commission Regular Meeting were approved on Commissioner Bedford’s motion, Commissioner Ramberg’s second on a 8-0 vote. Commissioners Thompson and Scott were off the dais. Commissioner Barrett Bixler was absent. ENVIRONMENTAL OFFICER UPDATES 2. Update on amendments to Title 25 related to environmental protection, landscape requirements, and site plan requirements—Liz Johnston, Deputy Environmental Officer, Watershed Protection Department (5 minutes) Item conducted as posted. No action taken. Update on Bull Creek PUD Amendment #3, Case No. C814-2009-0139.03—Liz Johnston, Deputy Environmental Officer, Watershed Protection Department (5 minutes) Item conducted as posted. No action taken. 1 4. PUBLIC HEARINGS 3. Name: 1703 N River Hills Road Marina Reconstruction, SP-2022-0167D Applicant: Janis Smith, Janis Smith Consulting, LLC Location: 1703 N River Hills Road, Austin, Texas, 78733 Council District: District 10 Staff: Pamela Abee-Taulli, Environmental Program Coordinator, Development Services Department and Miranda Reinhard, Environmental Scientist Senior, Watershed Protection Department Watershed: Lake Austin Watershed, Water Supply Rural Classification, Drinking Water Protection Zone Request: 1. Request to vary LDC 25-8-261 Critical Water Quality Zone (CWQZ) development to allow, in the CWQZ of Lake Austin, development of a gasoline fuel line with a dispenser at the dock for re-fueling private boats 2. Request to vary from LDC-25-8-368(E) to allow more than 25 cubic yards of dredging in Lake Austin Staff Recommendation: 1. Staff does not recommend the request to vary LDC 25-8-261 Critical Water Quality Zone (CWQZ) development, development of a gasoline fuel line with a dispenser at the dock for re-fueling private boats, having determined that the findings of fact have not been met. 2. …
