87TH STATE LEGISLATIVE AGENDA Intergovernmental Relations Office – Brie L. Franco, Officer TEXAS LEGISLATURE INCREASINGLY FOCUSED ON CITIES Total Bills Introduced Total Bills Passed City‐Related bills introduced City‐Related bills passed Year 76th‐1999 77th‐2001 78th‐2003 79th‐2005 80th‐2007 81st‐2009 82nd‐2011 83rd‐2013 84th‐2015 85th – 2017 5,813 5,612 5,633 5,512 6,241 7,464 5,938 5,950 6,476 6,800 1,622 1,601 1,384 1,389 1,481 1,459 1,379 1,437 1,329 1,208 1,230+ 1,200+ 1,200+ 1,200+ 1,200+ 1,500+ 1,500+ 1,900+ 1,900+ 2,500+ 86th – 2019 7,324 1,429 2,300+ 130+ 150+ 110+ 105+ 120+ 120+ 160+ 220+ 220+ 294 338 • 54 % more City- related bills were passed between 2015 and 2019 • 182 % more City – related bills were passed between 2009 and 2019 9/30/2020 87th Legislative Agenda 2 LEGISLATIVE SESSION: IGRO ROLE In the 86th session • 3,970 Bills/JR’s were filed in last 10 business days before filing deadline, March 8th. (54%). • 7,324 bills read and analyzed by IGRO. • Over 2,500 bills were determined by IGRO to affect cities. • 1,296 Bills/JR’s required analysis/action by departments and IGRO. 9/30/2020 87th Legislative Agenda 3 TREND: ANTI-CITY TONE: GOVERNOR ABBOTT "As opposed to the state having to take multiple rifle- shot approaches at overriding local regulations, I think a broad-based law by the state of Texas that says across the board, the state is going to pre-empt local regulations, is a superior approach“ * – Governor Greg Abbott, March 21, 2017 *Source: “Abbott wants "broad‐based law" that pre‐empts local regulations” Texas Tribune, March 21, 2017 Governor Greg Abbott in 2017 9/30/2020 87th Legislative Agenda 4 TREND: ANTI-CITY LEGISLATION: POST 85TH SPECIAL SESSION "Our cities are still controlled by Democrats…And where do we have all our problems in America? Not at the state level run by Republicans, but in our cities that are mostly controlled by Democrat mayors and Democrat city council men and women. That's where you see liberal policies. That's where you see high taxes. That's where you see street crime." * -Lt. Gov. Dan Patrick, 2017 *Source: “Lt. Gov. Dan Patrick blames city governments for "all our problems in America" Texas Tribune, AUG. 4, 2017 9/30/2020 87th Legislative Agenda 5 Lt Governor Dan Patrick in 2016. Photo by Gage Skidmore. TREND: ANTI-CITY TONE: POST 86TH SESSION “Any mayor, county judge that was dumb ass enough to come meet with me, I told them with great clarity, my goal is for this to be the …
ENVIRONMENTAL COMMISSION MOTION 20210120 002c Subject: City of Austin’s 87th State Legislative Agenda Motion by: Kevin Ramberg Seconded by: Linda Guerrero Date: January 20, 2021 RATIONALE: WHEREAS, the City of Austin’s greatest asset is its people who are passionate about their city, committed to its improvement, and determined to see its vision become a reality; and WHEREAS, the percent of registered voters who voted in the past 4 years of city elections exceeded 60 percent; WHEREAS, a majority of voters who live in Austin voted for the current Austin City Council representation; WHEREAS, over 700 Austinites participate and serve on over 60 Boards and Commissions to help shape, and continually improve upon the policies of the City and the lives of its residents; WHEREAS, the input provided to the Austin City Council through the City’s Boards and Commissions reflects the will of the community; WHEREAS, it is the intent of the City of Austin that the legislative agenda guide City staff, in coordination with the City’s strategic partners, in their efforts to advocate on behalf of the City of Austin and its residents; WHEREAS, in recent years, the Texas Legislature has attempted to pass legislation that negatively impacts the City through preemption or limiting the ability to advocate; WHEREAS, the 2019 Legislature strongly considered and almost passed S.B. 29 which would have limited the ability of the City to utilize community advocates to effectively advocate on behalf of the policies created and supported by its residents; WHEREAS, taxpayers and City residents benefit from and need community advocates as a tool that amplifies their voices before the Legislature, Congress, and regulatory bodies; and WHEREAS, a prohibition on community advocacy is detrimental to a representative democracy where all Austinites and Texans have equal opportunities to voice their opinions. 1 THEREFORE, BE IT RESOLVED THAT THE Environmental Commission OF THE CITY OF AUSTIN HEREBY ADOPTS THE FOLLOWING RESOLUTION THAT: 1. The Environmental Commission endorses the City of Austin’s 2020 Legislative Agenda adopted by the Austin City Council on September 17th, 2020. 2. The Environmental Commission believes the general principals of the policy and position statements contained in the City of Austin’s state legislative agenda capture the positions of its membership and the community it represents. 3. The Environmental Commission urges all Austin delegation members of the Texas Legislature to protect the City’s right to effectively represent the taxpayers and continue to amplify their …
1 ENVIRONMENTAL COMMISSION MOTION 20210120 003a Date: January 20, 2021 Subject: Allegro Parmer, SP-2019-0170C Motion by: Kevin Ramberg RATIONALE: Seconded by: Andrew Creel WHEREAS, the Environmental Commission recognizes the applicant is requesting variances from LDC 25-8- 261 to allow construction in a critical water quality zone code, and WHEREAS, the Environmental Commission recognizes the majority of the site is within the critical water quality zone and has been extensively disturbed through previously permitted development to construct a parking lot and a water quality and detention pond, 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) The applicant will fully dismantle the existing water quality and detention pond, including pond appurtenances and underdrains, and provide restoration in accordance with City’s 609.S standards and specifications; 2) The applicant will clean up debris and trash along the portion of Yett Branch creek located at the southern property boundary of the commercial subdivision; and 3) The applicant will design the fire lane turnaround within the CWQZ in accordance with ECM 1.6.7 to reduce pollutant load and impervious cover. VOTE 9-0 For: Thompson, Coyne, Maceo, Ramberg, Guerrero, Gordon, Bedford, Barrett Bixler, Creel Against: None Abstain: None Recuse: None Absent: None Approved By: Linda Guerrero, Environmental Commission Chair 2
1 ENVIRONMENTAL COMMISSION MOTION 20210120 003b Date: January 20, 2021 Subject: 3336 Mount Bonnell Road, SP-2020-0274D Motion by: Kevin Ramberg Seconded by: Perry Bedford RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting variance from LDC 25-8- 281(C)(2)(b) to allow the construction within 150 feet of a spring Critical Environmental Feature (CEF), and WHEREAS, the Environmental Commission recognizes the Limits of Construction will not encroach into the spring CEF, but only the CEF buffer, 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) 2) Remove existing boat dock and access path as specified on plans; Restore disturbed areas per City Standard Specification 609S. VOTE 8-0 For: Thompson, Coyne, Maceo, Ramberg, Guerrero, Gordon, Bedford, Creel Against: None Abstain: Barrett Bixler Recuse: None Absent: None Approved By: Linda Guerrero, Environmental Commission Chair
1 ENVIRONMENTAL COMMISSION MOTION 20210120 003c Date: January 20, 2021 Subject: Goodnight Ranch Planned Unit Development (PUD) – 2nd Amendment, C814-04-0187.02.SH Motion by: Kevin Ramberg Seconded by: Katie Coyne RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting to amend an existing PUD. WHEREAS, the Environmental Commission recognizes the amendment includes environmental code modification to: 1) LDC 25-8-92: critical water quality zones, 2) LDC 25-8-281: Critical Environmental Features and 3) LDC 25-8-392: Impervious cover in uplands; and, WHEREAS, the Environmental Commission recognizes that staff recommends the PUD amendment (with conditions). Therefore, the Environmental Commission recommends the requested PUD amendment with the following Staff Conditions: 1. The PUD will provide a minimum of 129 acres of Open Space; 2. Impervious cover on the portion of the PUD south of Slaughter Lane will be capped at 67% gross 3. The critical water quality zone will be reconstructed per Exhibit D and D-1; and 4. The project will restore the creek and wetland buffers per Exhibit D and D-1. site area; and the following Environmental Commission Conditions: 1. The Environmental Commission directs staff to work with the applicant to consider additional dark skies standards above Subchapter E. VOTE 9-0 For: Thompson, Coyne, Maceo, Guerrero, Gordon, Bedford, Creel, Barrett Bixler Against: None Abstain: None Recuse: None Absent: None Approved By: Linda Guerrero, Environmental Commission Chair 2
ENVIRONMENTAL COMMISSION MOTION 20210120 003d Date: January 20, 2021 Subject: Blue Bluff at Wildhorse Ranch, C8-2020-0033 Motion by: Katie Coyne Seconded by: Wendy Gordon RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting variances from LDC 25-8- 341 to allow cut over 4 feet to 15 feet and LDC 25-8-342 to allow fill over 4 feet to 15 feet, and WHEREAS, the Environmental Commission recognizes the site is located in the Gilleland Creek Watershed and in the Desired Development Zone, and WHEREAS, the Environmental Commission recognizes that staff recommends these variances (with one condition) having determined the required Findings of Fact have been met. Therefore, the Environmental Commission recommends the requested variances with the following Staff Condition: 1) The Applicant will protect three natural, unclassified drainages. These small waterways with less than 64 acres of drainage will be preserved in a natural state with foot-path trails for pedestrian access to the Critical Water Quality Zone buffers for an unnamed tributary of Gilleland Creek and for Gilleland Creek. Development within these drainage areas will be limited to park amenities such as trails and trail appurtenances (buildings and parking will not be allowed). VOTE 8-0 For: Thompson, Coyne, Maceo, Guerrero, Gordon, Bedford, Creel, Barrett Bixler Against: None Abstain: None Recuse: Ramberg Absent: None Approved By: Linda Guerrero, Environmental Commission Chair 1
ENVIRONMENTAL COMMISSION MEETING MINUTES Wednesday, January 20, 2021 The Environmental Commission convened in a public meeting on Wednesday, January 20, 2020 with Social Distancing Modifications via remote video conferencing. Commissioners in Attendance: Andrew Creel Pam Thompson Kevin Ramberg Linda Guerrero Perry Bedford Katie Coyne Wendy Gordon Peggy Maceo Audrey Barrett Bixler Commissioners Absent: None Staff in Attendance: Pamela Abee-Taulli Kaela Champlin Chris Herrington Liz Johnston Jorge Morales Mike McDougal Kristy Nguyen Radmon Rice CALL TO ORDER Chair Guerrero called the meeting to order at 6:05 P.M. CITIZEN COMMUNICATION: GENERAL The first ten 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. Speakers Katie Lee 1. APPROVAL OF MINUTES AND ACTION a. Approval of the December 2, 2020 Environmental Commission Meeting Minutes A motion to approve the December 2, 2020 Environmental Commission Meeting Minutes were approved on Commissioner Ramberg’s motion, Commissioner Coyne’s second on an 8-0 vote. Commissioner Creel was off the dais. 1 2. 3. ITEMS FOR CONSIDERATION AND POSSIBLE ACTION a. Commissioner Audrey Barret Bixler welcome and introduction Item conducted as posted. No action taken. b. Recognize Mary Ann Neely for over 13 years of service on the Environmental Commission Item conducted as posted. No action taken. c. Consider a recommendation to support the City of Austin’s 87th State Legislative Agenda A resolution to support the City of Austin’s 87th State Legislative Agenda was approved on Commissioner Ramberg’s motion, Chair Guerrero’s second on a 7-1 vote. Those voting aye were Commissioners Thompson, Barret Bixler, Coyne, Maceo, Ramberg, Guerrero, and Bedford. Commission Creel voted nay. Commissioner Gordon abstained. PUBLIC HEARINGS a. Name: Allegro Parmer, SP-2019-0170C Applicant: Michele Rogerson Lynch Location: 4001 W. Parmer Ln, Austin, TX, 78727 (District 7) Staff: Kristy Nguyen, Environmental Review Specialist Sr., Development Services Department Watershed: Walnut Creek, Suburban, Desired Development Zone Request: Request to vary from LDC 25-8-261 to allow construction in a critical water quality zone Staff Recommendation: Staff recommends this variance with conditions Speakers Michele Rogerson Lynch A motion to close the public hearing was approved on Commissioner Ramberg’s motion, Commissioner Creel’s second on a 9-0 vote. A motion to recommend the variance with conditions was approved on Commissioner Ramberg’s motion, Commissioner Creel’s second on a 9-0 vote. b. Name: 3336 Mount Bonnell Road, SP-2020-0274D Applicant: Caitlin Kuglen Location: 3336 Mount …
Remote Meeting of the Environmental Commission December 2, 2020 at 6:00 P.M. Environmental Commission to be held December 2, 2020 with Social Distancing Modifications. Public comment will be allowed via telephone; no in-person input will be allowed. All speakers must register in advance (day before the scheduled meeting, December 1, 2020 by noon). All public comment will occur at the beginning of the meeting. To speak remotely at the December 2, 2020 Environmental Commission Meeting, residents must: •Call or email the commission liaison at: Kaela Champlin (512) 974-3443 or Kaela.Champlin@austintexas.gov, no later than noon, (the day before the meeting). The information required is the speaker name, item number(s) they wish to speak on, whether they are for/against/neutral, and a telephone number or email address. •Once a request to speak has been called in or emailed to the board liaison, residents will receive either an email or phone call providing the telephone number to call on the day of the scheduled meeting. •Speakers must call in at least 15 minutes prior to meeting start in order to speak, late callers will not be accepted and will not be able to speak. •Speakers will be placed in a queue until their time to speak. •Handouts or other information may be emailed to Kaela.Champlin@austintexas.gov by noon the day before the scheduled meeting. This information will be provided to Board and Commission members in advance of the meeting. •Residents may watch the meeting here: http://www.austintexas.gov/page/watch-atxn-live 1 Reunión del Environmental Commission Fecha de la reunion (2 de diciembre de 2020 a las 6:00 P.M.) La junta se llevará con modificaciones de distanciamiento social. Se permitirán comentarios públicos por teléfono; no se permitirá ninguna entrada en persona. Todos los oradores deben registrarse con anticipación (1 de diciembre de 2020 antes del mediodía). Todos los comentarios públicos se producirán al comienzo de la reunión. Para hablar de forma remota en la reunión, los residentes deben: • Llame o envíe un correo electrónico al enlace de la junta en (512) 690-6729, Kaela.Champlin@gmail.com a más tardar al mediodía (el día antes de la reunión). La información requerida es el nombre del orador, los números de artículo sobre los que desean hablar, si están a favor / en contra / neutrales, y un número de teléfono o dirección de correo electrónico. • Una vez que se haya llamado o enviado por correo electrónico una solicitud para hablar al enlace de …
BRUSHY CREEK REGIONAL UTILITY AUTHORITY RAW WATER PUMP STATION 9416 LIME CREEK ROAD, LEANDER, TEXAS 78641 SP-2020-0228D Jonathan Garner Environmental Program Coordinator Development Services Department SP-2020-0228D 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[ PROJECT LOCATION PROPERTY DATA • Drinking Water Protection Zone • Water Supply Rural Watershed Classification • Lake Travis Watershed • 2-Mile ETJ Jurisdiction • Not located over Edwards Aquifer Recharge Zone • No Critical Environmental Features BACKGROUND Brushy Creek Regional Utility Authority (BCRUA) is a non- profit local government corporation and a partnership of the cities of Cedar Park, Leander, and Round Rock that treats and distributes water from the Lower Colorado River Authority (LCRA) to residents and businesses of the partner cities. This project is to construct a new raw water pump station to provide service to the partnering communities. EXISTING CONDITIONS PROPOSED SITE PLAN SLOPE EXHIBIT FILL EXHIBIT VARIANCE REQUEST The applicant requests variances from the following sections of code: 1. Request to vary from LDC 25-8-301 to construct private driveways crossing slopes in excess of 15 percent gradient. 2. Request to vary from LDC 25-8-302(A) to construct a surface parking lot on slopes in excess of 15 percent gradient. 3. Request to vary from LDC 25-8-302(B) to construct a building on slopes in excess of 25 percent gradient, and exceed impervious cover allowance on slopes with a gradient of more than 15 percent. 4. Request to vary from LDC 25-8-342 to allow fill in excess of four feet in 5. Request to vary from LDC 25-8-453(D)(1) to allow impervious cover in the Drinking Water Protection Zone. excess of 20 percent Net Site Area. VARIANCE RECOMMENDATION Staff determines that the findings of fact have been met and recommends approval of the variances with the following conditions: • Restoration of disturbed areas within the 40% Natural Area Buffer shall be subject to ECM Appendix A criteria; • Provide robust temporary and permanent erosion …
1514 W KOENIG LANE OFFICE BUILDING 1514 W KOENIG LANE SP-2019-0027CT Mike McDougal Environmental Policy Program Manager Development Services Department 1 PROPERTY DATA • Shoal Creek Watershed • Urban Watershed Classification • Desired Development Zone • City of Austin Full Purpose Jurisdiction • Not located over Edwards Aquifer Recharge Zone • No Critical Environmental Features on site • Council District 7 1514 W Koenig Ln NTS North 2 CRITICAL WATER QUALITY ZONE Waterway Centerline Project Site Critical Water Quality Zone The entire property is located within the Critical Water Quality Zone. North 3 FULLY DEVELOPED FLOODPLAINS Project Site The entire property is located within the fully developed 25 year floodplain and within the fully developed 100 year floodplain. 4 North EXISTING CONDITIONS North 5 TOPOGRAPHY The site has very little topographic change. The average slope is less than 2%. North 6 BACKGROUND • The applicant proposes to demolish the original single family structure built in 1952 and construct an office building with parking. • There is currently no water quality treatment on this site. 7 BACKGROUND (CONTINUED) • The existing impervious cover is 35.5% (approximately 2600 square feet); the proposed impervious cover is 70% (approximately 5000 square feet). • The applicant has minimized the additional proposed impervious cover. The on-site parking has been reduced from 15 to 10 spaces by providing offsite parking and through parking alternatives, including an urban core reduction and by providing on-site shower facilities to promote alternative commuting options. 8 BACKGROUND (CONTINUED) • Adjacent properties on Koenig Lane have existing impervious cover ranging from 19% to 91%. The proposed project is generally consistent with other development located along Koenig Lane. • Koenig Lane is a TxDOT roadway, but equates generally to a City of Austin minor arterial roadway. As such, single family residential represents an unsuitable use. 9 BACKGROUND (CONTINUED) • Most properties fronting this segment of Koenig Lane consist of single family residences that have been expanded for or replaced with commercial use. • This property was rezoned to LO from SF in 2004 by a Council Ordinance to create a Neighborhood Plan, numerous other properties in the area were similarly rezoned to non-residential use. 0 1 BACKGROUND (CONTINUED) • The entire property is located within the Critical Water Quality Zone. There is no opportunity to shift the proposed development to be located outside the Critical Water Quality Zone. • Therefore, any commercial use for …
ITEM FOR ENVIRONMENTAL COMMISSION AGENDA December 2, 2020 1514 W Koenig Lane Office Building; SP-2019-0027CT Wheels and Water LLC; Katie Kam, PhD, PE COMMISSION MEETING DATE: NAME & NUMBER OF PROJECT: NAME OF APPLICANT OR ORGANIZATION: LOCATION: 1514 W Koenig Lane COUNCIL DISTRICT: District # 7 ENVIRONMENTAL REVIEW STAFF: Mike McDougal, Environmental Policy Program Manager Development Services Department 512-974-6380 mike.mcdougal@austintexas.gov WATERSHED: REQUEST: Shoal Creek Watershed, Urban Watershed Classification, Desired Development Zone Variance request is as follows: Request to vary from LDC 25-8-261 to allow construction in the Critical Water Quality Zone STAFF RECOMMENDATION: Staff does not recommend support for this variance, the findings of fact have not been met. Development Services Department Staff Recommendations Concerning Required Findings Project Name: Ordinance Standard: Watershed Protection Ordinance Variance Request: 1514 W Koenig Ln Office Building SP-2019-0027CT Request to vary from LDC 25-8-261 to allow construction in the Critical Water Quality Zone 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 applicant proposes to demolish the original single family structure built in 1952 and construct an office building. The proposed project is located on Koenig Lane between Burnet Road and North Lamar Boulevard (see Staff Exhibit 1 – Vicinity Map). Most properties fronting this segment of Koenig Lane consist of single family residences that have been expanded for or replaced with commercial use. The existing impervious cover is 35.5% (approximately 2600 square feet); the proposed impervious cover is 70% (approximately 5000 square feet). Adjacent properties on Koenig Lane have existing impervious cover ranging from 19% to 91%. The proposed project is generally consistent with other development located along Koenig Lane. 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 entire property is located within the Critical Water Quality Zone. The proposed project represents a design decision that does not provide greater overall environmental protection than is achievable without the variance. Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; Yes. The Critical Water Quality Zone associated …
Pamela Abee-Taulli Environmental Review Specialist Senior Development Services Department APPLIED MATERIALS LOGISTICS SERVICE CENTER CONCEPT SITE PLAN 9630 E US 290 HWY SVRD WB SP-2020-0178C.CP PROPERTY LOCATION & DATA •Decker Creek Watershed •Suburban Watershed Classification •Desired Developent Zone •Full Purpose Jurisdiction •Not located over Edwards Aquifer Recharge Zone •Wetland Critical Environmental Feature •Council District 1 PROPERTY LOCATION & DATA HARRIS BRANCH PKWY APPLIED MATERIALS CAMPUS & LIMITS OF CONSTRUCTION SITE CONDITIONS •2-5% slopes •Minimal natural character •Wetland Critical Environmental Feature WAREHOUSE LOCATION WETLAND CEF SITE PLAN •Applicant proposes to consolidate seven (7) off-site logistics facilities into one central warehouse and distribution service center. •The 699,000 square-foot warehouse will use automated robotic equipment, and therefore requires a consistent floor elevation. WAREHOUSE SITE PLAN TRUCK BAYS WAREHOUSE WETLAND CEF & BIOFILTRATION GRADING EXHIBIT RETAINING WALL CUT TO 12’
ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: December 2, 2020 NAME & NUMBER OF PROJECT: Applied Materials Logistics Service Center SP-2020-0321C NAME OF APPLICANT OR ORGANIZATION: Tammi Migl, Migl Engineering LOCATION: 9614 E US 290 Hwy, Austin, TX, 78724 COUNCIL DISTRICT: District 1 ENVIRONMENTAL REVIEW STAFF: WATERSHED: REQUEST: STAFF RECOMMENDATION: STAFF CONDITION: Pamela Abee-Taulli Environmental Review Specialist Senior 512-974-1879, pamela.abee-taulli@austintexas.gov Decker Creek Watershed, Suburban Classification, Desired Development Zone Variance request is as follows: Request to vary from LDC 25-8-341 to allow cut to 12 feet. Staff recommends this variance, having determined the findings of fact to have been met. Applicant will stockpile and preserve topsoil for reuse in landscape, wetland mitigation, and/or biofiltration areas. November 4, 2020Page 1 Development Services Department Staff Recommendations Concerning Required Findings Project Name: Ordinance Standard: Watershed Protection Ordinance Variance Request: Applied Materials Logistics Service Center Vary from LDC 25-8-341 to allow cut to 12 feet 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 applicant intends to combine multiple warehouses into one consolidated warehouse at this location. Automated robotic equipment and human operated wheeled equipment to be used in the facility require a consistent floor elevation. The applicant proposes 699,000 square feet of warehouse space with a consistent floor elevation, as well as loading docks, fire lanes, and parking that will be constructed at elevations appropriate for the warehouse finished floor elevation. A consistent floor elevation is necessary for this type of automated warehouse. The applicant proposes to construct this facility on a site with minimal slopes (2% to 5%). However, the size of the warehouse necessitates cut up to 12 feet to achieve a consistent finished floor elevation. The applicant proposes cut up to 12 feet, which has been minimized by use of a retaining wall, as shown in Exhibit 1. 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; Yes The materials handling needs of the warehousing process, and inclusion of a large automated storage solution within the warehouse, require a single building with …
Wheels & Water LLC Austin, Texas 78723 Texas Registered Engineering Firm F-19740 http://www.wheelsandwaterllc.com December 1, 2020 Mike McDougal Environmental Policy Program Manager City of Austin Watershed Protection Department 505 Barton Springs Road Austin, Texas 78704 Re: Environmental variance requests for 1514 W. Koenig Lane Office Building, Austin, Texas 78756 Case: SP-2019-0027C To Mr. McDougal: Per staff’s determination, site plan case SP-2019-0027C must go to the Environmental Commission for a variance from Austin Land Development Code (LDC) section 25-8-261 because of the proposal to develop a three-story office building (the “proposed development”) at 1514 West Koenig Lane within the Critical Water Quality Zone (CWQZ) of the Hancock Branch of Shoal Creek. LDC section 25-8-261 states the following: In all watersheds, development is prohibited in a critical water quality zone except as provided in this Division. Development allowed in the critical water quality zone under this Division shall be revegetated and restored within the limits of construction as prescribed by the Environmental Criteria Manual. The purposes of this letter are to 1) explain why staff’s determination that this case needs a variance should be reconsidered, and 2) to request approval of the variance and describe findings of fact if there continues to be a determination that the variance is needed. Determination for Variance A request was made for staff to not apply the CWQZ to the property per LDC 25-8-92 (C) (2), which states: Notwithstanding the provisions of Subsection (C)(1), a critical water quality zone does not apply to a previously modified drainage feature serving a railroad or public roadway right-of-way that does not possess any natural and traditional character and cannot reasonably be restored to a natural condition. The last phrase “restored to a natural condition” indicates that the drainage feature referred to in LDC 25- 8-92 (C) (2) is intended to be a feature that at one point was a natural drainage feature with natural condition. The Hancock Branch of Shoal Creek was clearly modified in the construction of the subdivision to be a drainage feature to serve the Arroyo Seco roadway within the public roadway right-of-way (Figure 1). The creek is hemmed in between the two Arroyo Seco roadways; therefore, not able to naturally meander (Figure 1 and Figure 2). Curb inlets from the street to the creek (Figure 2) indicate Hancock Branch was made to be the drainage feature for Arroyo Seco. Thus, this project should have been …
ENVIRONMENTAL COMMISSION MOTION 20201202 002a Subject: Brushy Creek Regional Utility Authority Raw Water Pump Station, SP-2020-0228D Motion by: Katie Coyne Seconded by: Wendy Gordon Date: December 2, 2020 RATIONALE: 2. WHEREAS, the Environmental Commission recognizes the applicant is requesting five variances from code including: 1. Request to vary from LDC 25-8-301 to construct private driveways crossing slopes in excess of 15 percent gradient Request to vary from LDC 25-8-302(A) to construct a surface parking lot on slopes in excess of 15 percent gradient Request to vary from LDC 25-8-302(B) to construct a building on slopes in excess of 25 percent gradient and exceed impervious cover allowance on slopes with a gradient of more than 15 percent Request to vary from LDC 25-8-342 to allow fill in excess of four feet in the Drinking Water Protection Zone Request to vary from LDC 25-8-453(D)(1) to allow impervious cover in excess of 20 percent Net Site Area 5. 3. 4. WHEREAS, the Environmental Commission recognizes the site is located at 9416 Lime Creek Road, Leander, Texas in the City of Austin Extraterritorial Jurisdiction; 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 Condition: 1. Restoration of disturbed areas within the 40% Natural Area Buffer shall be subject to ECM Appendix A criteria Provide robust temporary and permanent erosion and sedimentation controls downgradient of the proposed development beyond the minimum standard Provide dense screening vegetation in compliance with ECM 2.9.0 for all pervious areas between the building and mechanical equipment and the right-of-way. 3. 2. 1 VOTE 8-0 For: Gordon, Neely, Bedford, Thompson, Smith, Guerrero, Coyne, Maceo Against: None Abstain: None Recuse: Ramberg Absent: Creel, Nill Approved By: Linda Guerrero, Environmental Commission Chair 2
ENVIRONMENTAL COMMISSION MOTION 20201202 002b Subject: 1514 W Koenig Lane Office Building, SP-2019-0027CT Motion by: Kevin Ramberg Seconded by: Katie Coyne Date: December 2, 2020 RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting a variance from LDC 25-8-261 to allow construction in the Critical Water Quality Zone. WHEREAS, the Environmental Commission recognizes that staff does not recommend this variance having determined the required Findings of Fact have not been met. THEREFORE, the Environmental Commission recommends denial the variance request. VOTE 9-0 For: Smith, Thompson, Neely, Coyne, Maceo, Ramberg, Guerrero, Gordon, Bedford Against: None Abstain: None Recuse: None Absent: Creel, Nill Approved By: Linda Guerrero, Environmental Commission Chair 1
ENVIRONMENTAL COMMISSION MOTION 20201202 002c Subject: Applied Materials Logistics Service Center, SP-2020-0321C Motion by: Kevin Ramberg Seconded by: Pam Thompson Date: December 2, 2020 RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting a variance from LDC 25-8-341 to allow cut to 12 feet; and WHEREAS, the Environmental Commission recognizes that staff recommends this variance (with one staff condition) having determined the required Findings of Fact have been met. THEREFORE, the Environmental Commission recommends the variance request with the following; 1. Applicant will stockpile and preserve topsoil for reuse in landscape, wetland mitigation, and/or biofiltration areas. Staff Condition: VOTE 9-0 For: Smith, Thompson, Neely, Coyne, Maceo, Ramberg, Guerrero, Gordon, Bedford Against: None Abstain: None Recuse: None Absent: Creel, Nill Approved By: Linda Guerrero, Environmental Commission Chair 1
