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Nov. 16, 2022

20221116-004: 1703 N River Hills Rd Marina Reconstruction SP-2022-0167D dredge variance packet 2 of 2 original pdf

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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 …

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Nov. 16, 2022

20221116-005: Concordia Sports Complex SP-2022-0020C variance packet 1 of 2 original pdf

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Nov. 16, 2022

20221116-005: Concordia Sports Complex SP-2022-0020C variance packet 2 of 2 original pdf

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Nov. 16, 2022

20221116-005: Concordia University Sports Complex, SP-2022-0020C Staff Presentation original pdf

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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? …

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Nov. 16, 2022

20221116-004: 1703 N River Hills Rd Marina Reconstruction SP-2022-0167D staff presentation original pdf

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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 …

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Nov. 16, 2022

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20221116-004: 1703 N River Hills Rd Marina Reconstruction SP-2022-0167D CWQZ development variance recommendation original pdf

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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

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Nov. 16, 2022

20221116-004: 1703 N River Hills Rd Marina Reconstruction, SP-2022-0167D dredge variance recommendation original pdf

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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

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Nov. 16, 2022

20221116-005: Concordia Sports Complex SP-2022-0020C recommendation original pdf

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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

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20221116-005: Concordia Sports Complex SP-2022-0020C recommendation - REVISED original pdf

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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

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Nov. 16, 2022

Approved Minutes original pdf

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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. …

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Nov. 2, 2022

Agenda original pdf

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Regular Meeting of the Environmental Commission November 2, 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 October 5, 2022 and October 19, 2022 (5 minutes) 1 PUBLIC HEARINGS 2. Name: Brodie Oaks Redevelopment PUD C814-2021-0099 Applicant: Armbrust & Brown (David Armbrust) Location: 4107 S Capital of Texas Highway Council District: District 5 Staff: Leslie Lilly, Environmental Program Coordinator, Leslie.lilly@austintexas.gov Watershed: Barton Creek Watershed, Barton Springs Zone Request: PUD zoning for the property Staff Recommendation: Recommended with conditions (1 hour) Name: Brodie Oaks Redevelopment Site Specific SOS Amendment C814-2021-0099 Applicant: Armbrust & Brown (David Armbrust) Location: 4107 S Capital of Texas Highway Council District: District 5 Staff: Leslie Lilly, Environmental Program Coordinator, Leslie.lilly@austintexas.gov Watershed: Barton Creek Watershed, Barton Springs Zone Request: In response to Council Resolution 20221011-076, consider a site-specific amendment to City Code Chapter 25-8, Subchapter A, Article 13 (Save Our Springs Initiative), as minimally required to allow for limits to impervious cover as proposed in application C814-2021-0099 for the Brodie Oaks PUD development. The proposed site-specific amendment should be included …

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Nov. 2, 2022

20221102-002 & 3: Brodie Oaks Redevelopment PUD (C814-2021-0099) Staff Presentation original pdf

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ITEM FOR ENVIRONMENTAL COMMISSION AGENDA November 2, 2022 Brodie Oaks Redevelopment PUD C814-2021-0099 Armbrust & Brown (David Armbrust) 4107 S Capital of Texas Highway COMMITTEE MEETING DATE: NAME & NUMBER OF PROJECT: NAME OF APPLICANT OR ORGANIZATION: LOCATION: COUNCIL DISTRICT: 5 ENVIRONMENTAL REVIEW STAFF: Leslie Lilly, Environmental Program Coordinator, (512)535- 8914, Leslie.lilly@austintexas.gov WATERSHED: Barton Creek Watershed/Barton Springs Zone REQUEST: PUD zoning for the property STAFF RECOMMENDATION: STAFF CONDITION: Staff recommended with conditions A. Development associated with C814-2021-0099, located at 4107 S Capital of Texas Highway, shall comply with 25-8, Subchapter A, Article 13 (Save Our Springs Initiative) at the time of permit application except as modified below. a. Section A of 25-8-514 (Pollution Prevention Required) shall be modified to allow a maximum impervious cover for the site of 56% net site area. B. Development associated with C814-2021-0099, located at 4107 S Capital of Texas Highway, shall comply with 25-8 Section A (Water Quality) at the time of permit application except as modified by the PUD ordinance. a. ECM 1.6.7.5 (D) shall be modified to allow captured runoff for beneficial reuse b. 25-8-341 shall be modified to allow cut not to exceed a maximum of fourteen (14) feet. c. 25-8-342 shall be modified to allow fill not to exceed a maximum of fourteen (14) feet. d. 25-8-281 shall be modified to allow encroachment into CEFs as indicated on Exhibit F. C. Additionally, development associated with C814-2021-0099, located at 4107 S Capital of Texas Highway, shall comply with the following requirements a. Reduction in impervious cover from 84% NSA to 56% NSA b. Bring the site into compliance with SOS water quality treatment requirements c. Clustering impervious cover and disturbance 100- 300’ away from Barton Creek d. Restoring 2 acres of the tract to native vegetation e. Provide 100% GSI for water quality controls. f. Provide rainwater harvesting for landscape irrigation of not less than 50% of the landscaped area. g. Provide superior tree protections. h. Comply with Austin Green Building 3-star rating i. Exceed landscaping requirements. j. Provide superior open space and parkland dedication. COMMITTEE MEETING DATE: NAME & NUMBER OF PROJECT: NAME OF APPLICANT OR ORGANIZATION: LOCATION: ENVIRONMENTAL REVIEW STAFF: WATERSHED: REQUEST: COUNCIL DISTRICT: 5 STAFF RECOMMENDATION: STAFF CONDITION: ITEM FOR ENVIRONMENTAL COMMISSION AGENDA November 2, 2022 Brodie Oaks Redevelopment Site Specific SOS Amendment C814-2021-0099 Armbrust & Brown (David Armbrust) 4107 S Capital of Texas Highway Leslie Lilly, Environmental Program …

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Nov. 2, 2022

20221102-002 & 3: Brodie Oaks Redevelopment PUD (C814-2021-0099) Staff Report Part 1 of 2 original pdf

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ZONING CHANGE REVIEW SHEET CASE: C814-2021-0099 – Brodie Oaks Redevelopment PUD DISTRICT: 5 ZONING FROM: Unzoned; GR; CS; CS-1 TO: PUD ADDRESS: 4021, 4025, 4107, 4109, 4115, and 4141 South Capital of Texas Highway Northbound; 3940, 4006, 4024 - 4040, 4200, 4220, 4236 South Lamar Boulevard Southbound SITE AREA: 37.606 acres PROPERTY OWNER: Lionstone Investments, LCFRE Austin Brodie Oaks LLC (John Schaefer) AGENT: Lionheart Places (Rebecca Leonard) CASE MANAGER: Wendy Rhoades (512-974-7719, wendy.rhoades@austintexas.gov) STAFF RECOMMENDATION: The Staff recommendation is to grant planned unit development (PUD) district zoning, as shown in the Land Use Plan as provided Exhibit C, D, E, F, G, H, I, J, and K. For a summary of the basis of Staff’s recommendation, see pages 3, 4 and 5. The Restrictive Covenant includes all recommendations listed in the Transportation Impact Analysis Memo, dated August 31, 2022, as provided in Attachment A. PARKS AND RECREATION BOARD: September 26, 2022: RECOMMENDED TO THE CITY COUNCIL THE BRODIE OAKS PUD AS SUPERIOR IF THE APPLICANT AGREES TO: 1) WORK WITH STAFF AND ATD TO PROVIDE 10 FREE PARKING SPACES TO THE NEIGHBORHOOD PARK SITE; 2) AMEND THE APPLICATION TO STATE THERE WILL BE A PUBLICLY AVAILABLE RESTROOM AT THE NEIGHBORHOOD PARK; 3) CONTINUE TO WORK WITH THE HILL COUNTRY CONSERVANCY AND AUSTIN PARKS FOUNDATION TO ENSURE THIS IS A SUSTAINABLE TRAIL ACCESSING THE BARTON CREEK GREENBELT, AND 4) INVESTIGATE AND REPORT BACK ON METHODS TO FUND OFF-SITE BARTON CREEK GREENBELT PRESERVATION AND MANAGEMENT THROUGH COMMERCIAL DEVELOPMENT AT THE SITE (refer to Attachment C) [S. FAUST; N. BARNARD – 2ND] (9-0) D. LEWIS AND K. TAYLOR – ABSENT ENVIRONMENTAL COMMISSION RECOMMENDATION: November 2, 2022: PLANNING COMMISSION ACTION: November 8, 2022: C814-2021-0099 Page 2 May 24, 2022: APPROVED AN INDEFINITE POSTPONEMENT REQUEST BY STAFF R. SCHNEIDER; J. THOMPSON – 2ND] (9-0) Y. FLORES, C. HEMPEL, J. MUSHTALER – ABSENT December 14, 2021: APPROVED AN INDEFINITE POSTPONEMENT REQUEST BY STAFF [A. AZHAR; R. SCHNEIDER – 2ND] (11-0) P. HOWARD – OFF THE DAIS; J. SHIEH – ABSENT CITY COUNCIL ACTION: December 1, 2022: ORDINANCE NUMBER: ISSUES: Austin Energy has requested that the Applicant dedicate a 1.5 acre site for an above-ground substation on the Property in order to address capacity limitations in the existing area. The Applicant has addressed Austin Energy’s specific comment and included major utility facilities as a permitted civic use within Land Area 2 on Exhibit C, but does not …

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Nov. 2, 2022

20221102-002 & 3: Brodie Oaks Redevelopment PUD (C814-2021-0099) Staff Report Part 2 of 2 original pdf

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Legend GO: General Office LO: Limited Office SF-2: Single-Family Residence - Standard Lot GO-MU: General Office - Mixed Use GR: Community Commercial CH: Commercial Highway GO MF-2: Multi-Family Residence - Low Density CS: General Commercial Services CS-1: General Commercial Services - Liquor Store CS-V: Commercial Services - Vertical Mixed Use GO CS-1-V-CO: Commercial Services - Vertical Mixed Use Conditional Overlay LO-CO: Limited Office - Conditional Overlay MF-2 GR-V-CO: Community Commercial - Vertical Mixed Use - Conditional Overlay GR-MU-CO: Community Commercial - Mixed Use - Conditional Overlay UNZ - Unzoned SF-2 SF-2 GO-MU LO R E F F U 0 ’ B 0 5 SF-2 LO CS BARTON CREEK GREENBELT MF-4 L O O P 3 6 0 MF-2 UNZ CS-1-V-CO CS-1 GR GR CS U S S T O P O E T R R A PID B GR-V A PIT A L M E T R O M C CS-V D R A V E L U O R B A CS-1-V-CO M A S . L CS CH GO GR Legend: Property Boundary 500’ Buffer Existing Buildings Zoning Districts MF-2 SF-2 GR GR-MU-CO GR-V-CO GR MF-2 SF-3 SF-5 SF-3 GR SF-6 SF-3 CS-1-V CS CS MF-2 LO-CO SF-6 0 200 400 800 EXHIBIT B: BRODIE CONTEXT MAP SUBMITTAL DATE: 10/12/2022 PUD CASE: C814-2021-076006 BRODIE OAKS REDEVELOPMENT SITE METRICS 37.6 Acres / 1,637,856 Sq. Ft. 56% NSA; 54% GSA 5,750 Sq. Ft. 50 feet Total Site Area Proposed Impervious Cover Minimum Lot Size Minimum Lot Width Minimum Setbacks Front Street Side Yard Interior Side Yard Rear Yard 0 feet 0 feet 0 feet 0 feet LAND USE AREA METRICS Acres Building Cover Impervious Cover* Non- Residential Maximum Hotel Maximum Residential Max. % Max. Sq. Ft. Keys Sq. Ft. Units Sq. Ft. 1,400,000 200 200,000 1,700 1,500,000 11.7 .5% 5,000 -- -- -- -- Max. 95% 25.9 Land Use Area 1 Land Use Area 2 Site Total 37.6 95% 7.5% 56% *Maximum impervious cover is based on Net Site Area (NSA) and will be tracked by site plan in compliance with Exhibit H - Brodie Oaks Redevelopment Phasing Plan. Impervious Cover will be higher on a site-by-site basis. Maximum floor-to-area ratio is not applicable to the Brodie Oaks Redevelopment. L O O P 3 6 0 BARTON CREEK GREENBELT Legend: Property Boundary Private Streets with Public Access Easements Land Use Area 1 Land Use Area 2 U S S T …

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Nov. 2, 2022

20221102-003: Brodie Oaks Redevelopment PUD SOS Amendment Draft Resolution original pdf

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 RESOLUTION NO. WHEREAS, the Save Our Springs Initiative regulations (City Code Chapter 25-8, Subchapter A, Article 13, or “SOS”) are vital to protecting the Hill Country’s rich network of aquifers and to Austin’s long-term water management plan; and WHEREAS, alongside the City’s vitally important commitment to SOS and longstanding tradition of environmental stewardship, there is also a need for consideration of the unique challenges that development of particular tracts can present; and WHEREAS, the proposed Brodie Oaks PUD development is identified as an Imagine Austin Comprehensive Plan Activity Center for Redevelopment in a Sensitive Environmental Area and located almost entirely in the Edwards Aquifer Recharge Zone; and tract and proposes to: WHEREAS, the current owner of the tract is interested in developing the • Reduce the impervious cover; • Provide that project phases, through time, meet or exceed code at time of development approval to enable incorporation of latest environmental and resource-efficient strategies including Water Forward water conservation strategies, energy efficiency, or other climate sustainability advancements; • Reuse storm water on site to meet SOS requirements and preserve or create publicly accessible open space, including suitable habitat areas; and Page 1 of 2 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 • Preserve and protect one hundred percent of heritage trees. WHEREAS, an application for the Brodie Oaks PUD development (C814- 2021-0099) has been submitted to the City, and, as proposed by the applicant, would require site-specific amendments to SOS; and WHEREAS, Council desires that all reasonable options be considered in the continuing discussion of the Brodie Oaks PUD development with applicant, staff, and the community to ensure the project achieves environmental superiority; and WHEREAS, this action preserves Council’s normal legislative ability to approve, deny, or condition the site-specific amendment, as well as the proposed PUD, at the time these cases are heard by Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: Council initiates site-specific amendments to City Code Chapter 25-8, Subchapter A, Article 13 (Save Our Springs Initiative), as minimally required to allow for limits to impervious cover as proposed in application C814-2021-0099 for the Brodie Oaks PUD development. These proposed site-specific amendments should …

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Nov. 2, 2022

20221102-004: Residential in Commercial Ordinance Amendment backup original pdf

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RESOLUTION NO. 20211209-056 WHEREAS, under the Land Development Code, residential development is not currently allowed in many of the commercial zoning districts in Austin; and WHEREAS, City Council adopted the Austin Housing Strategic Blueprint (the Blueprint) in 2017 which called for 135,000 housing units by 2028, with 60,000 of those units at or below 80 percent of the median family income (MFI); and WHEREAS, in the proposed Land Development Code Revision, residential uses were allowed in more zoning districts than in current city code; and WHEREAS, allowing housing in more places provides the opportunity for increased housing supply in Austin; and WHEREAS, in its 2018 report, the Planning Commission Mapping Working Group indicated that allowing mixed use in commercial zoning could lead to about 46,324 housing units in new capacity; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: The City Council initiates amendments to the Land Development Code, codified in City Code Title 25, to allow residential uses in General Commercial Services (CS), Commercial Liquor Sales (CS-1), Community Commercial (GR), Neighborhood Commercial (LR), General Office (GO), and Limited Office (LO) zoning districts, subject to participation in a voluntary affordable housing incentive program. BE IT FURTHER RESOLVED: In developing the proposed amendments, the City Manager is directed to: Page 1 of 3 1. Require at least 10 percent of the rental units be affordable to households at 60 percent MFI for at least 40 years; 2. Require at least 10 percent of the homeownership units be affordable to households at 80 percent MFI for at least 99 years; 3. Authorize residential uses in all parcels located in the listed zoning districts except when subject to a regulating plan which prohibits residential uses on the particular parcel, subject to compliance with affordability requirements, site development regulations, parking requirements, and design standards similar to those design standards currently applicable to Vertical Mixed Use Buildings; 4. To the extent feasible, provide an incentive for ground floor retail by increasing height by 5-10 feet to accommodate the higher ceiling on the first floor when the project contains commercial uses on the ground floor and provides residential dwelling units on all upper floors; 5. Identify options for a "right to return" policy for art workshops and galleries, theater, and other creative spaces that have operated for more than 10 years on a particular site. The policy would give preference to …

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Nov. 2, 2022

20221102-004: Code Amendment - Residential in Commercial staff briefing original pdf

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Code Amendment: Residential in Commercial Environmental Commission November 2, 2022 Erica Leak– Housing and Planning Content Background Council resolution Proposed draft changes Staff’s recommendation Timeline Background ▪ Residential in commercial is a new concept for the draft LDC ▪ Basic concept is to allow residential in commercially zoned property to add housing capacity ▪ Draft LDC is suspended (March 2020) 3 Council Resolution 12/9/21 ▪ WHEREAS, under the Land Development Code, residential development is not currently allowed in many of the commercial zoning districts in Austin; and ▪ WHEREAS, City Council adopted the Austin Housing Strategic Blueprint (the Blueprint) in 2017 which called for 135,000 housing units by 2028, with 60,000 of those units at or below 80 percent of the median family income (MFI); 4 Council Resolution 12/9/21 ▪ WHEREAS, in the proposed Land Development Code Revision, residential uses were allowed in more zoning districts than in current city code; and ▪ WHEREAS, allowing housing in more places provides the opportunity for increased housing supply in Austin; and ▪ WHEREAS, in its 2018 report, the Planning Commission Mapping Working Group indicated that allowing mixed use in commercial zoning could lead to about 46,324 housing units in new capacity; 5 Council Resolution 12/9/21 ▪ Allow residential development in: ▪ CS, CS-1, GR, LR, GO, LO ▪ Affordable housing required ▪ Right to return for creative spaces: ▪ uses as defined in the Land Development Code, including but not limited to libraries, museums, public art galleries; performance venues/theaters; art, dance, martial arts, and studios for performing art, music and visual art; art workshops; live music venues; and artist live/work spaces. 6 Proposed draft changes ▪ Affordable housing required for residential entitlement: ▪ Rental: 10% @ 60% MFI, 40 years ▪ Owner: 10% @ 80% MFI, 99 years ▪ Fee-in-lieu not allowed 7 Proposed draft changes: Applicability 45 35 360 183 1 130 290 130 71 35 183 71 35 183 71 290 8 Proposed draft changes ▪ Effectively grants MU zoning administratively when affordable housing is provided ▪ No other changes to site development standards: height, impervious cover, floor area ratio, parking 9 Eligible Commercial Parcels by Displacement Risk Area & High Opportunity Area 0 2000 4000 6000 8000 10000 Total 8885 Eligible Commercial Parcels 0 2000 4000 6000 8000 10000 Total 8885 Within All Displacement Risk Areas 4243 Within 1/2 mile of Project Connect routes 5681 Within High Opportunity Areas …

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Nov. 2, 2022

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Nov. 2, 2022

Recommendation 20221102-002: Brodie Oaks Redevelopment PUD (C814-2021-0099) original pdf

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ENVIRONMENTAL COMMISSION MOTION 20221102-002 Date: November 2, 2022 Subject: Brodie Oaks Redevelopment PUD, C814-2021-0099 Seconded by: Kevin Ramberg Motion by: Jennifer Bristol WHEREAS, the Environmental Commission recognizes the applicant is Request PUD zoning for the property and; WHEREAS, the Environmental Commission recognizes that the applicant is proposing 11 acres of parkland dedication, although the density dictates 29 acres, and the applicant is proposing to address the additional 18 acres with a pay in lieu fee, and the Environmental Commission recognizes the environmental fragility of the area; and WHEREAS, the Environmental Commission recognizes the site is located in the Barton Creek Watershed and the Barton Springs Zone; and WHEREAS, the Environmental Commission recognizes that Staff recommends this PUD with conditions. THEREFORE, the Environmental Commission recommends the Brodie Oaks Redevelopment PUD with the following conditions: Staff Conditions: A. Development associated with C814-2021-0099, located at 4107 S Capital of Texas Highway, shall comply with 25-8, Subchapter A, Article 13 (Save Our Springs Initiative) at the time of permit application except as modified below. a. Section A of 25-8-514 (Pollution Prevention Required) shall be modified to allow a maximum impervious cover for the site of 56% net site area. B. Development associated with C814-2021-0099, located at 4107 S Capital of Texas Highway, shall comply with 25-8 Section A (Water Quality) at the time of permit application except as modified by the PUD ordinance. a. ECM 1.6.7.5 (D) shall be modified to allow captured runoff for beneficial reuse b. 25-8-341 shall be modified to allow cut not to exceed a maximum of fourteen (14) feet. c. 25-8-342 shall be modified to allow fill not to exceed a maximum of fourteen (14) feet. d. 25-8-281 shall be modified to allow encroachment into CEFs as indicated on Exhibit F. C. Additionally, development associated with C814-2021-0099, located at 4107 S Capital of Texas Highway, shall comply with the following requirements 1 a. Reduction in impervious cover from 84% NSA to 56% NSA b. Bring the site into compliance with SOS water quality treatment requirements c. Clustering impervious cover and disturbance 75-250’ away from Barton Creek Greenbelt d. Restoring 2 acres of the tract to native vegetation e. Provide 100% GSI for water quality controls f. Provide rainwater harvesting for landscape irrigation of not less than 50% of the landscaped area g. Provide superior tree protections h. Comply with Austin Green Building 3-star rating i. Exceed landscaping requirements j. …

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