20261007-005, Dog's Head Development Agreement Draft Recommendation — original pdf

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RECOMMENDATION TO COUNCIL Environmental Commission Recommendation 20261007-005: Dog’s Head Development Agreement Amendments WHEREAS, the Environmental Commission was presented with a staff briefing regarding the Dog’s Head on September 16, 2026; and WHEREAS, the Environmental Commission finds multiple areas within the Development Agreement that should be amended to align with current city code that protects the environment; and WHEREAS, the Austin City Council voted on several amendments to the development agreement at the July 23, 2026, City Council meeting, but to date, City Legal and the City Manager’s Office have not finalized or publicized the incorporation of those amendments into the document; NOW THEREFORE BE IT RESOLVED that the Environmental Commission recommends the following amendments be made to the Dog’s Head Development Agreement (DA) prior to City Council approval of the Regulating Plan: 1. Updates from July 23, 2026, City Council Meeting a. Amend the DA to incorporate all amended language approved by City Council at the July 23, 2026, City Council Meeting. 2. Development Agreement Control/Conflicts a. Section 3.06 (d) (at present, the development agreement controls if there is any conflict with either the Regulating Plan or the interim zoning in city code) Amend the DA so that Regulating Plan Controls as soon as it is in place, with the DA, only as amended, controlling in the interim. i. 3. Land Use a. Section 3.03 (at present, the Director of Development Services can authorize any variance to Land Development Code administratively without public process) i. Strike this section and reinstate board and commission approval for all variances. b. Section 3.04 (at present, existing land uses are allowed to continue) i. Phase out autonomous boat testing and prohibit any military or military-adjacent operations. c. Section 3.05 (a-b) (currently, all permitted uses within the Dog’s Head Property will be classified as either Mixed Use Development or Open Space) i. ii. iii. Amend this section to preclude all polluting industrial uses, as described in the Land Development Code (LDC), 25-2-5. In particular, disallow data centers, chip manufacturing, and weapons/ defense-related manufacturing. Prioritize residential, civic, and agricultural uses as described in the Land Development Code (25-2-3, 25-2-6, and 25-2-7). d. Section 3.05 (c) (at present, all new land uses are automatically permitted) Remove this entire sub-section to allow for standard public process. i. e. Section 3.09 (currently, there are no height restrictions for the property) i. Limit building height to 90 feet. f. Section 3.13 (at present, no integrated pest management is required) i. Amend to require integrated pest management across the entirety of the site. g. Section 5.01 (b) (preapproves floodplain modifications and removes standards under Sec. 17 of the Environmental Criteria Manual) i. Remove this section entirely. Require the normal review process and ensure no development in the FEMA AE floodplain (high-risk floodplain). h. Section 5.03–5.06 (preapproves use of mining ponds for water quality and stormwater infrastructure in all but a few instances) i. Revise this section under singular advisement and authority of Austin Watershed to ensure standard best practices for water quality. i. Section 5.08 (at present, 9 categories of exceptions are allowed for development in the critical water quality zone (CWQZ)) i. Amend this section to disallow hard-surfaced trails, parallel or perpendicular utility lines, fencing, playgrounds, golf courses, and boats or marinas within the CWQZ j. Section 5.12 (at present, unlimited cut and fill modifications are granted on the Dog’s Head Property, outside of the CWQZ) i. Amend this section so that cut and fill under 8 feet can be moved without permit review; all other movement shall require normal public process and review. k. Section 5.14 (at present, no tree survey is required outside of the CWQZ) i. Add this subsection to require compliance with the heritage tree ordinance and to require a comprehensive tree survey of the site within 18 months of the adoption of the final Dog’s Head TIRZ project and financing plan. l. Section 5.15 i. Add this subsection to require a hydrological study be conducted within 18 months of the adoption of the final Dog’s Head TIRZ project and financing plan. m. Section 5.16 i. Add this subsection to require a comprehensive environmental resource inventory be conducted within 18 months of the property annexation date, in accordance with the Environmental Criteria Manual (1.3.0). 4. Traffic a. Section 6.02 (a-b) i. Amend this subsection to require a traffic study for existing neighborhoods abutting and adjacent to the development property. b. Section 6.03 i. Amend this subsection to require the updated Austin Strategic Mobility Plan (ASMP) to take into account the concerns and wishes of existing and neighboring residents of the Dog’s Head Property. Prohibit the extension of Montopolis Drive and the widening or straightening of Hergotz Lane. Revise the roadway design to discourage through-traffic down Hergotz Lane. 5. Parkland/Nature Trails/Open Space iii. ii. a. Section 4.01 (At present, no parkland dedication is required; it has been substituted by a nature trail and open space.) i. Amend this subsection to require a parkland dedication of 250 acres in addition to open space. b. Section 4.03 (b-d, f, h) (At present, 2 miles of trail will be conveyed within 18 months after the adoption of the final DH TIRZ project and financing plan, while the remaining does not have to be conveyed to the City for 15 years.) i. Amend to require: 1. All trails must be completed, conveyed and open by 2036. 2. No vehicular crossings within or across trails. 3. Public access rules shall be created by Austin Parks and Recreation; maintenance shall be conducted by the City of Austin. 4. All trails must be located outside of the CWQZ. c. Section 4.04 (d, i) i. ii. Amend to require that public access rules shall be promulgated by Austin Parks and Recreation. Amend to disallow paved or hard surface trails, golf courses, and marinas. Seconded By: Date of Approval: Motioned By: Vote: For: Against: Abstain: Off the dais: Absent: Attest: _____________________________________________ Mariana Krueger, Chair