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 …
Regular Meeting of the Environmental Commission February 16, 2022 at 6:00 P.M. Austin City Hall, Council Chambers, Room 1001 301 W. 2nd Street, Austin, Texas 78701 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) Vacant (D-6) Audrey Barrett Bixler (D-5) Linda Guerrero (D-9) Chair _________________________________________________________________________________ Jennifer Bristol (D-7) Secretary Perry Bedford (Mayor) Richard Brimer (D-10) Kevin Ramberg (D-8) Vice-Chair Agenda CALL TO ORDER CITIZEN 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 2, 2022 Environmental Commission Regular Meeting Minutes (5 minutes) STAFF BRIEFINGS a. 87th State Legislature Update—Brie Franco, City of Austin Intergovernmental Relations Officer (30 minutes) ITEMS FOR CONSIDERATION AND POSSIBLE ACTION a. Recognize Linda Guerrero for six years of service on the Environmental Commission (10 minutes) PUBLIC HEARINGS a. Name: Violet Crown Water and Wastewater Service Extension Requests #5111 & #5112 Applicant: Jim Wittliff, Land Answers, Inc. Location: 10649 SH 71 Austin, Texas 78736 Council District: Austin 2-Mile Extraterritorial Jurisdiction Staff: Kaela Champlin, Environmental Program Coordinator, Watershed Protection Department Watershed: Barton Creek Watershed, Barton Springs Zone, Edwards Aquifer Contributing Zone, Drinking Water Protection Zone Request: Water and Wastewater Service Extension Staff Recommendation: Staff does not recommend approval of the water and wastewater service extension requests (30 minutes) b. 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 …
ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: February 16, 2022 NAME & NUMBER OF PROJECT: Violet Crown Water and Wastewater Service Extension Requests #5111 and #5112 NAME OF APPLICANT OR ORGANIZATION: Jim Wittliff, Land Answers, Inc. LOCATION: 10649 SH 71 Austin, Texas 78736 COUNCIL DISTRICT: Austin 2-Mile Extraterritorial Jurisdiction PROJECT FILING DATE: October 21, 2021 WPD/ENVIRONMENTAL STAFF: Kaela Champlin, Environmental Program Coordinator, Watershed Protection Department (512) 974-3443, kaela.champlin@austintexas.gov WATERSHED: REQUEST: STAFF DETERMINATION: Barton Creek Watershed, Barton Springs Zone, Edwards Aquifer Contributing Zone, Drinking Water Protection Zone Water and Wastewater Service Extension Staff does not recommend approval of the water and wastewater service extension requests 1 MEMORANDUM TO: FROM: Linda Guerrero, Chair, and Members of the Environmental Commission Kaela Champlin, Environmental Program Coordinator, Watershed Protection Department February 16, 2022 DATE: SUBJECT: Violet Crown Water and Wastewater Service Extension Requests #5111 and #5112 Service Extension Requests (SER) located in the Drinking Water Protection Zone and outside of the City of Austin’s full purpose jurisdiction require Council approval and review by the Environmental Commission. Watershed Protection Department (WPD) staff have completed the review for Violet Crown Water and Wastewater Service Extension Requests and recommend denial of the requests. Site Overview The site consists of multiple tracts comprising a total of approximately 70.95 acres, located at 10649 SH 71, within the City of Austin’s 2-mile Extraterritorial Jurisdiction. The project proposes a mixed-use development, including multifamily residential, office, an amphitheater, and other uses. See the chart provided below that summarizes the proposed uses within the development and the associated Land Use Equivalents (LUEs) that are proposed. The project is currently in site plan review with the City of Austin (Case number: SP-2021-0262D). Proposed Development Intended Uses (Residential) Multi- Family Proposed Development Intended Uses (Commercial) Office (sq. ft.) Office Warehouse (sq. ft.) Retail (sq. ft.) Restaurant (sq. ft.) Amphitheater (persons) Units 513 Units 40,000 25,808 49,813 23,422 17,000 LUE Conversion (LUE per Unit) 0.5 LUE Conversion (LUE per Unit) 3,000 4,000 1,660 200 50 Total LUEs LUEs 257 LUEs 14 7 30 118 340 766 2 Environmental Impacts The property is in the Barton Creek Watershed, the Barton Springs Zone, the Edwards Aquifer Contributing Zone, and the Drinking Water Protection Zone. The site is also subject to the Save Our Springs Ordinance. The property does not contain any known critical environmental features, critical water quality zone, or water quality transition zone. The site does not …
Violet Crown Water & Wastewater Service Extension Request #5111 & 5112 What is an SER? • A service extension request, or SER, is an application for City water or wastewater service from a property owner or developer. • SERs are required when a property is located more than 100 feet from an accessible water or wastewater system, or when existing infrastructure isn't adequate for the proposed project demands. • Service may involve the construction of a new line or an associated facility or upgrades to existing lines or facilities. • The applicant pays for the associated infrastructure, as outlined in the SER. SER Process • Per the Land Development Code, SERs require Council approval if the property is in the Drinking Water Protection Zone and outside of the City's full purpose jurisdiction. • Environmental Commission and Water & Wastewater Commission review and make recommendations on SERs that require Council approval. Request Summary • 70.95 acres • 2-Mile ETJ • Barton Creek Watershed, Barton Springs Zone • Located in the Edwards Aquifer Contributing Zone • Drinking Water Protection Zone (DWPZ) • Subject to Save Our Springs (SOS) Ordinance Request Summary Living Unit Equivalent (LUE) is the typical flow that would be produced by a single-family residence located in a typical subdivision. Standard conversions are applied depending on the proposed use to determine the number of LUEs a project will generate. SER #5111 & 5112 Site Location Austin City Limits Austin ETJ Edwards Aquifer Recharge Zone Edwards Aquifer Contributing Zone Site Location Site Location Limited Purpose 2 Mile ETJ Barton Creek Habitat Preserve SER #5111 & 5112 Environmental Impacts • No known CEFs, CWQZ, or WQTZ • Does not drain to occupied salamander habitat • Significant slopes greater than 15% that will require Land Use Commission variances for cut and fill • Located in the Barton Springs Zone • Adjacent to Barton Creek Habitat Preserve SER #5111 Proposed Water Extension Map provided by Austin Water SER #5111 Proposed Water Extension, continued Map provided by Austin Water SER #5112 Proposed Wastewater Extension Map provided by Austin Water SER #5112 Proposed Wastewater Extension, continued Map provided by Austin Water SER #5112 Alternative Wastewater Service • Net site area impervious cover = 20% • If service is not extended to the site and wastewater disposal is required, the applicant would likely apply for a Texas Land Application Permit (TLAP) issued by the Texas Commission on …
ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: February 16, 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: February 16, 2022: 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 8, 2022: CITY COUNCIL ACTION: To be Scheduled ISSUES RESTRICTIVE COVENANT AMENDMENT RECORDING NUMBER: 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 Springs Zone Watershed by Chapter 25-8 of the City’s Land Development Code. Due to the existing Restrictive Covenant, this property has additional permitted entitlements for C14-85-288.23(RCA) 2 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: Staff recommends the proposed amendments to the RC because much of it allows for development under a previous code and therefore is not up to …
ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: February 16, 2022 NAME & NUMBER OF PROJECT: Iglesia Pentecostal Emanuel, Inc. SP-2020-0324C NAME OF APPLICANT OR ORGANIZATION: Bill Graham IT Gonzalez Engineers LOCATION: 6300 Moonglow Dr., Austin, TX 78724 COUNCIL DISTRICT: District 1 ENVIRONMENTAL REVIEW STAFF: Pamela Abee-Taulli, Environmental Program Coordinator Pamela.abee-taulli@austintexas.gov 512.974.1879 WATERSHED: REQUEST: Walnut Creek Watershed, Suburban Classification, Desired Development Zone Variance request is as follows: Request to vary from LDC 25-8-261to allow development of a portion of a driveway in the Critical water Quality Zone. STAFF RECOMMENDATION: Staff recommends this variance, having determined the findings of fact to have been met. STAFF CONDITION: Staff recommends the following condition: the applicant will provide bollards at appropriate locations adjacent to the drive and parking area to prevent vehicle parking off of the pavement. 1 of 54 Development Services Department Staff Recommendations Concerning Required Findings Project Name: Iglesia Pentecostal Emanuel, Inc. Ordinance Standard: Watershed Protection Ordinance Variance Request: Request to vary from LDC 25-8-261to allow development of a portion of a driveway in the Critical water Quality Zone. Include an explanation with each applicable finding of fact. Land Use Commission variance determinations from Chapter 25-8-41 of the A. City Code: 1. 2. 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 requirement will deprive the applicant of access to the site. 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; Yes The variance is not necessitated by a design decision of the applicant. The variance is necessitated by two conditions of the site that leave it without a code compliant access point. The first site condition is that there is a previously platted open space lot, across which access is prohibited, that fronts Sandshof Dr. and lies between Sandshof Dr. and the subject site. Because of this situation, the site is forced to take its only access from Moonglow Dr. 2 of 54 The second site condition is that Moonglow Dr. is entirely within the Critical Water Quality Zone buffer of the adjacent, unnamed major waterway. Since a driveway is not a permitted use in the Critical Water Quality Zone buffer per LDC 25-8-261, the project is …
IGLESIA PENTECOSTAL EMANUEL, INC. 6300 MOONGLOW DR SP-2020-0324C Pamela Abee-Taulli Environmental Program Coordinator Development Services Department 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. 0 5 10 Miles[ LOCATION Site Location Capitol DECKER LAKE LOCATION Site Location DECKER LAKE PROPERTY DATA • Walnut Creek Watershed • Suburban Classification • Full Purpose Jurisdiction • Not located over Edwards Aquifer Recharge Zone • Council District 1 • Critical Water Quality Zone (CWQZ) • Wetland Critical Environmental Feature (CEF) VARIANCE REQUEST THE DEVELOPMENT: Applicant proposes to construct a religious assembly with associated improvements. BARRIER TO COMPLIANCE: The only possible site access is through a Critical Water Quality Zone (CWQZ) stream buffer. VARIANCE REQUEST: Vary from LDC 25-8-261 to allow construction of a drive in a CWQZ to provide site access. BACKGROUND SITE CONSTRAINTS Creek Centerlines TCAD Parcels SP-2015-0004C Site BACKGROUND SITE CONSTRAINTS Open space easement parcel – access prohibited SP-2015-0004C Site BACKGROUND SITE CONSTRAINTS Access from Moonglow Dr. SP-2015-0004C Site BACKGROUND SITE CONSTRAINTS CWQZ Stream Buffer (300’) Access from Moonglow Dr. SP-2015-0004C Site BACKGROUND SITE CONSTRAINTS Wetland CEF CWQZ Stream Buffer (300’) Access from Moonglow Dr. SP-2015-0004C Site BACKGROUND BUFFER AVERAGING The critical water quality zone boundaries may be reduced to not less than …150 feet from the centerline of a major waterway if the overall surface area of the critical water quality zone is the same or greater than the surface area that would be provided without the reduction, as prescribed in the Environmental Criteria Manual. [LDC 25-8-92(B)(4)] GOAL: CONSTRAINT: Reshape the CWQZ so that the development is out of the CWQZ. The driveway is within the minimum 150’ buffer width. BACKGROUND BUFFER AVERAGING Wetland CEF CWQZ Stream Buffer (300’) Access from Moonglow Dr. SP-2015-0004C Site Minimum CWQZ buffer width 150’ BACKGROUND BUFFER AVERAGING Parking Building Drainage/water quality pond Wetland CEF CWQZ Stream Buffer (300’) Access from Moonglow Dr. SP-2015-0004C Site Site plan Minimum CWQZ buffer width 150’ BACKGROUND BUFFER AVERAGING Wetland CEF …
