SUBDIVISION REVIEW SHEET CASE NO.: C8-2022-0112 COMMISSION DATE: October 11, 2022 SUBDIVISION NAME: Velocity Preliminary Plan (W/R C8-2020-0141) ADDRESS: 3848 1/2 E SH 71 SERVICE ROAD EB APPLICANT: Mark Bulmash (VC HOLDINGS QOZ LP) AGENT: Justin Kramer (Kimley Horn) ZONING: LI-PDA NEIGHBORHOOD PLAN: NA AREA: 270.50 acre LOTS: 25 COUNTY: Travis DISTRICT: 2 WATERSHED: Onion Creek JURISDICTION: Full Purpose SIDEWALKS: Sidewalks will be constructed along S FM 973 Rd, E SH 71 EB, Toll 130 and all interior streets VARIANCE: None DEPARTMENT COMMENTS: The request is for the approval of Velocity Preliminary Plan comprised of 25 lots on 270.50 acres The plan was originally disapproved for reasons on September 6, 2022. The applicant has submitted an update that addresses those reasons. The plat complies with the criteria for approval in LDC 25-4-84(B) and staff recommends approval. STAFF RECOMMENDATION: The staff recommends approval of the plan. CASE MANAGER: Amy Combs PHONE: 512-974-3175 E-mail: amy.combs@austintexas.gov ATTACHMENTS Exhibit A: Vicinity map Exhibit B: Proposed plan Exhibit C: Comment report dated October 5, 2022 1 of 3622 Exhibit A: Vicinity map 2 of 3622 VELOCITY PRELIMINARY PLAN SOUTHWEST CORNER OF SH-71 AND SH-130 AUSTIN, TEXAS C8-2022-0112 VELOCITY PRELIMINARY PLAN SHEET INDEX SHEET NO. DESCRIPTION 1 2 3 4 5 6 7 8 9 10 COVER SHEET GENERAL NOTES OVERALL PRELIMINARY PLAN PRELIMINARY PLAN (SHEET 1 OF 6) PRELIMINARY PLAN (SHEET 2 OF 6) PRELIMINARY PLAN (SHEET 3 OF 6) PRELIMINARY PLAN (SHEET 4 OF 6) PRELIMINARY PLAN (SHEET 5 OF 6) PRELIMINARY PLAN (SHEET 6 OF 6) STREET CROSS-SECTIONS S F M 973 R D E SH 71 PROJECT LOCATION B 0 S 3 H 1 S S VICINITY MAP NORTH SCALE: 1" = 2,000' COA GRID: P15, P16 JUNE 2022 LEGAL DESCRIPTION: BEING 270.93 ACRES OF LAND, LOCATED IN THE SANTIAGO DEL VALLE LEAGUE ABSTRACT NUMBER 24, TRAVIS COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN 385.684 ACRE TRACT, CONVEYED TO SH 71-130 HOLDINGS, LP., IN DOCUMENT NUMBER 2014189945 OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS., AND ALL OF THAT CERTAIN 4.886 ACRE TRACT, CONVEYED TO SH 71-30 HOLDINGS, LP, IN DOCUMENT NUMBER 2014189949, OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS. OWNER/DEVELOPER MARK BULMASH VC HOLDINGS QOZ, LP 1601 RIO GRANDE, SUITE 300 AUSTIN, TEXAS 78701 TEL: (512) 494-4224 SURVEYOR JOHN GREGORY MOSIER, RPLS, PG KIMLEY-HORN AND ASSOCIATES 601 NW LOOP 410, SUITE 250 SAN ANTONIO, TEXAS 78216 TEL: (210) 321-3402 ENGINEER …
To: Chair and Commissioners of the City of Austin Planning Commission; Ms. Sherri Sirwaitis CC: Mr. Andrew Rivera From: Nathalie Frensley, District 7 Re: Item 18, C14-2022-0120 – 5003 Burnet Road, FOR Staff Recommendation to Rezone to CS-1-MU-V-CO-NP Mr. Rivera – Could you please add this to backup for Item 18? Thank you very much. Dear Chair and Commissioners of the Planning Commission – Please support Ms. Sherri Sirwaitis’ recommendation and the applicant’s willingness to rezone the tenant space at 5003 Burnet Road from CS-MU-V-CO-NP to CS-1-MU-V-CO-NP, which will allow for package liquor sales only. We deeply appreciate Ms. Sirwaitis’ and the applicant’s sensitivity to early neighborhood concerns that the tenant space at 5003 Burnet could become a bar now or in the future. For those commissioners unfamiliar with that locale, the commercial area is organically developing into a medical and social services district, bounded by family residential with three daycares and three schools, creating a community area in which a bar/lounge would be a very inappropriate use. Ally Medical Emergency Room is approximately 2/3 of a mile to the north and Eye Physicians of Austin, which is adjacent to 5003 Burnet, anchor this emerging medical district. Eye Physicians of Austin is a major ophthalmological and surgical facility, with many patients. Within .5 miles, the Texas School for the Blind and Visually Disabled is a major state health facility and school and many of its adult clients live close by 5003 Burnet Road. Both Allandale and Brentwood Neighborhood associations had early concerns about a bar and potentially inebriated patrons in an area with one of the highest concentrations of visually disabled pedestrians in Austin. There is additional context supporting Ms. Sirwaitis’ staff recommendation for package liquor sales only. Other Social services/senior citizen support are in proximity to this property, including the Dyslexia-Orton Dyslexia Society (.5 miles), Austin Crisis Center (.5 miles), and an eldercare residential facility (.3 miles). Campaigns for People is only 528’ away from 5003 Burnet. Other medical offices and services are also in proximity (.5-.2 miles), including three doctors’ offices and ATX Primary Care. A doctor’s office and an optometrist are each only 528’ away from 5003 Burnet. There are three daycares within 1500’ of 5003 Burnet, and the Truelove Montessori and Huntington-Surrey High School are in close proximity. Please vote to support Ms. Sirwaitis’ recommendation to rezone to CS-1-MU-V- CO-NP, which will allow for package liquor …
VELOCITY PRELIMINARY PLAN 00 200' 400' GRAPHIC SCALE 200' ( V A R I T O L A B L E L 1 3 0 W I D T H ) R T D EE WW EE D EE WW F WW T T W T W U W T F T T C B L T T T T C T B L T T T TRAVIS COUNTY TRUSTEE ZONING: NA, ETJ LEGAL DESCRIPTION: ABS 24 DEL VALLE S PROPERTY ID: 295787 GEOGRAPHIC ID: 0323310102 128.38 ACRES W LOT 1, BLOCK A VELOCITY CROSSING GROCERY/RETAIL DOC# 201600260 SPIRIT DRIVE (96' R.O.W.) C B T T L W U WW F C B L T F WW C B L F W C B L WW F F C B L WW D R 3 7 9 M F S ) H T D I W E L B A I R A V ( C B L WW F U C B L F U U W C B L F C B L W U W C B L M M O C E SH 71 EB (VARIABLE WIDTH) E SH 71 EB (VARIABLE WIDTH) WW CBL F W WW M M O WW C T F WW COMM COMM WW EE COMM COMM COMM WW COMM COMM WW COMM COMM T WW COMM I E V R D N O T D E P X E I I ) . . W O R . ' 0 . 3 7 ( LOT 3, BLOCK A VELOCITY CROSSING GROCERY/RETAIL DOC# 201600260 LOT 2, BLOCK A VELOCITY CROSSING GROCERY/RETAIL DOC# 201600260 PLATTED, NOT PART OF THIS PRELIMINARY PLAN C OLO RAD O RIVER W ATERSHED O NIO N C REEK W ATERSHED Y A W M U T N E M O M ) . . W O R . ' 3 7 ( WORLD DRIVE (73.0' R.O.W.) CWQZ CWQZ Z Q W C CWQZ C W Q Z C W Q Z CREEK CENTERLINE C W Q Z C W Q Z PLATTED, NOT PART OF THIS PRELIMINARY PLAN LOT 1 VELOCITY TECHNOLOGY CENTER DOC# 201600296 EX 449.77 WORLD DRIVE (73.0' R.O.W.) FEMA 500-YR FLOODPLAIN CWQZ Z Q W C Z Q W C CWQZ Z Q W C Z Q W C G SIN S O R Y C CIT ELO (90.0' R.O.W.) V C W Q …
I I T B H X E L L I F R M O L C EX-R CITY OF AUSTIN –DEVELOPMENT SERVICES DEPARTMENT SUBDIVISION APPLICATION – MASTER COMMENT REPORT (512) 974-2786 Velocity Preliminary Plan (W/R C8-2020-0141) 3848-1/2 E SH 71 SVRD EB C8-2022-0112 CASE NUMBER: UPDATE: U2 CASE MANAGER: Amy Combs PHONE #: PROJECT NAME: LOCATION: SUBMITTAL DATE: September 26, 2022 FINAL REPORT DATE: October 5, 2022 STAFF REPORT: This report includes all staff comments received to date concerning your most recent subdivision application submittal. The comments may include requirements, recommendations, or information. The requirements in this report must be addressed by an updated submittal. The subdivision application will be approved when all requirements from each review discipline have been addressed. If you have any questions, concerns or if you require additional information about this report, please contact your case manager at the phone number listed above or by using the contact information listed for each reviewer in this report. Any change to the plan/plat shall not cause noncompliance with any applicable code or criteria. In addition, any change to the plat may trigger new comments. UPDATE DEADLINE INFORMATION (LDC 25-4-56; 25-4-82): All comments must be addressed by filing an updated submittal prior to the update deadline of September 26, 2022. Otherwise, the application will expire. If this date falls on a weekend or City of Austin holiday, the next City of Austin workday will be the deadline. Extension of Review Period, Extension of Update Deadline and Tolling of Application Period do not apply to applications for preliminary plan, plat or subdivision construction plans (LDC 25-1-88; 25-1-89; 25-1- 90). UPDATE SUBMITTAL INSTRUCTIONS (LDC 25-1-83): All staff comments have been cleared for this application, please review the below responses. This application is scheduled to go before commission Tuesday, October 11, 2022. Please reach out to the Case Manager if you have any questions. REVIEWERS: Planner 1: Chima Onyia PARD / Planning & Design Review - Scott Grantham Electric Review - Andrea Katz ATD Engineering Review - Amber Hutchens 911 Addressing Review - Janny Phung Regional Stormwater Management Review - Katina Bohrer Subdivision Review - Amy Combs ERM Review - Miranda Reinhard PARD / Planning & Design Review - Scott Grantham - 512-974-9457 PR1. A Parkland Early Determination (PED #1286) was issued for this property in 2021, and stated that parkland dedication would be owed for the project, and included the following …
M M O C E SH 71 EB (VARIABLE WIDTH) F F WW W WW M M O C WW T F COMM COMM EE COMM WW COMM COMM WW COMM COMM WW COMM COMM T WW COMM T T W T W U W T F WW CBL T T C B L T T T T T C B L T T T C B T L T W U WW F LOT 1, BLOCK A VELOCITY CROSSING GROCERY/RETAIL DOC# 201600260 Y A W M U T N E M O M ) . . W O R . ' 3 7 ( I E V R D N O T D E P X E I I ) . . W O R . ' 0 . 6 9 ( E N I L R E T A W E T S A W " 2 1 1 16.38 ACRES BLOCK D LOT 2B, BLOCK A DOC# 202100273 BLOCK B E N I L R E T A W E T S A W " 8 Y A W M U T N E M O M ) . . W O R . ' 0 . 3 7 ( 1 9.06 ACRES WORLD DRIVE (73.0' R.O.W.) 15" WASTEWATER LINE 1 10.53 ACRES 2 8.56 ACRES 1 8.54 ACRES 2 13.49 ACRES 3 0.25 ACRES BLOCK C 15" WASTEWATER L I N E WORLD DRIVE (73.0' R.O.W.) 5 0.75 ACRES 15" WASTEWATER LINE 15" WASTEWATER LINE R T D EE WW EE D EE WW WW W D R 3 7 9 M F S ) H T D I W E L B A I R A V ( WW F U C B L F U U W C B L F C B L W U W C B L T F WW C B L F W C B L WW F F C B L WW C B L LOT 1 VELOCITY TECHNOLOGY CENTER DOC# 201600296 3 11.06 ACRES BLOCK F Z Q W C CWQZ CWQZ CWQZ 6 4.92 ACRES 4 15.71 ACRES 7 14.01 ACRES C W Q Z C W Q Z CREEK CENTERLINE 8 1.04 ACRES C W Q Z W E T S A 5 " W 1 BLOCK F W Q C Z 12" W ASTE W ATER LINE C W Q Z Z Q W …
Design Commission Recommendation 20220926-7 September 28, 2022 Honorable Mayor Adler Honorable City Council Members City Manager Spencer Cronk RE: Functional Green Adoption Postponement Dear Mayor and City Council Members. Given that the Functional Green program may have a wide and potentially negative effect on development in our city, the Design Commission recommends the postponement of the adoption of Functional Green until a complete review can confirm the necessity and efficacy of the proposed code. The attached Recommendation 20220926-7 details Design Commission’s rationale for our unanimous agreement for postponement, including but not limited to stakeholder feedback that has not been utilized, at all. We request a review for redundancy in codes and in the review process, and also outline a path forward to confirm that the program will create effective improvements in future developments. Because the Design Commission reviews projects to confirm compliance with the Urban Design Guidelines, we believe that we understand the existing requirements for landscapes, pedestrian- focused areas, and open space in urban areas. It is through this lens that we offer feedback for your consideration – to improve our approval process and ultimately our built city – that we may all enjoy together. Thank you for your consideration. Jen Weaver Chair City of Austin Design Commission DESIGN COMMISSION RECOMMENDATION 20220926-7 September 28, 2022 Commissioner Coleman Seconded By: Commissioner Carroll Design Commission Recommendation for Functional Green Date: Subject: Motioned By: Recommendation The Design Commission recommends the postponement of the adoption of Functional Green. Description of Recommendation to Council The Design Commission recommends the postponement of the adoption of Functional Green until stakeholder feedback is assessed, redundancies and cost are evaluated, actual submittals with costs are reviewed, a strategy for staff training and deployment has been reported, benefits of the program are proven, feasibility of planting requirements are verified, and an affordability assessment has been completed. Rationale: The questions and concerns generated during the Code Next stakeholder process were not addressed. Consultants and stakeholders had questions about the process, complexity of the site planning (as it relates to other codes like impervious cover per existing code, etc.) and the review process by other City of Austin departments. The Design Commission would like to address the redundancies and overlaps between this potential code and the other landscape and site design ordinances including: 1. The Landscape Ordinance 2. Austin Energy Green Building Requirements 3. Water Forward 4. Great Streets 5. Subchapter …
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 PART 1. Subsection (F) of City Code Section 25-2-1007 (Parking Lots) is amended to read: (F) A landscaped area that is required by this section: (1) may consist of non-contiguous portions, and may be in the form of features commonly referred to as medians, peninsulas, and islands; (2) must be evenly distributed throughout a parking lot, except that the distribution and landscaped area may location of accommodate existing trees or other natural features if the total area requirement is satisfied; [and] (3) may count toward compliance with Section 25-2-1003(A) (General Requirements); and (4) must have an edge-of-pavement treatment that allows overland flow of stormwater runoff across the landscape area except: (a) (b) perimeter landscape areas that are not required to drain to a stormwater control measure; impervious areas on which the land use or activity may generate highly contaminated runoff, as prescribed by the Environmental Criteria Manual; and (c) sites located within the Edwards Aquifer recharge zone. PART 2. City Code Section 25-2-1008 (Irrigation Requirements) is amended to read: 23 § 25-2-1008 IRRIGATION REQUIREMENTS. [(A) An area equal to at least 50% of the total required landscaped area on a project must: (1) be undisturbed natural area(s) or undisturbed existing trees with no potable irrigation; or Page 1 of 62 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 (2) be irrigated by stormwater runoff conveyed from impervious surfaces on the site using one or more of the following methods: (a) overland flow; (b) storm drains; (c) downspouts; (d) rainwater harvesting; (e) retention-irrigation; or (f) other methods of conveyance as prescribed by rule. (B) The drainage area used to irrigate under Subsection (A) must be calculated to provide sufficient water for the landscaped area, as prescribed by rule. (C) Unless the landscaped area under Subsection (A) is being designed as a water quality control under Section 25-8-211, the drainage area used to irrigate the landscaped area: (1) may not include impervious areas on which the land use or activities may generate highly contaminated runoff, as prescribed by rule; and (2) may not include impervious areas used for parking or driving of vehicles if located within the Edwards Aquifer Recharge …
ENVIRONMENTAL COMMISSION MOTION 20221005-005 Date: October 5, 2022 Subject: Ordinance Amendment to Title 25 related to environmental protection, landscape requirements, and site plan requirements Motion by: Perry Bedford WHEREAS, the Environmental Commission has considered the ordinance amendments to Title 25 in a working group and is making additional recommendations related to environmental protection and landscape requirements and; WHEREAS, the Environmental Commission recognizes this ordinance responds to Council Resolution No. 20220609-061, which initiated Land Development Code amendments related to environmental protection, drainage, and landscape requirements. The resolution directed staff to present most of the initiated amendments to Council for consideration and; Seconded by: Rick Brimer WHEREAS, the Environmental Commission recognizes that neighborhoods and residents east of I-35 have not shared the same environmental protections as those within the Edwards Aquifer Recharge Zones or where endangered species exist in West Austin and; WHEREAS, the Environmental Commission recognizes Ordinance Amendment to Title 25 has not go through public review outside of Boards and Commissions; THEREFORE, the Environmental Commission recommends the amendments to Title 25 with the following additional recommendations; • § 25-2-1008 IRRIGATION REQUIREMENTS. o Recommend that xeriscaping and drought-tolerant plants be part of the landscaping requirements to reduce the dependency on irrigation and increase the survivability of the plants installed in parking areas. o (F) Remove the administrative authority to grant a variance and include the Environmental Commission as the authority to grant variances. • Functional Green o We recognize and support all functional green standards. Because this is a new area of the code the Environmental Commission requests presentations on the projects utilizing Functional Green so we can learn more about its real-world application and support the growth of its use. • § 25-8-42 ADMINISTRATIVE VARIANCES. o Remove all additions to this section. ▪ The additions go too far with administrative approvals and the removal of citizen oversite via public notices or review from boards and commissions. o Because the section removes all citizen oversite and public review it is not equitable. • § 25-2-1179 ENVIRONMENTAL PROTECTION. o The maintenance and repair of watercraft shall be performed in a manner that prevents discharge of fuel, oil, or other pollutants into the water. ▪ Add- in the event of a leak or spill during maintenance, owner or repair service will contain the leak or spill and dispose of the hazardous material properly. ▪ Require all fuels, oil, and hazardus materials be stored …
ENVIRONMENTAL COMMISSION MOTION 20220921-002 Date: September 21, 2022 Subject: Ordinance Amendment to Title 25 related to environmental protection, landscape requirements, and site plan requirements Motion by: Jennifer L. Bristol WHEREAS, the Environmental Commission has considered the ordinance amendments to Title 25 related to environmental protection and landscape requirements, and WHEREAS, the Environmental Commission recognizes this ordinance responds to Council Resolution No. 20220609-061, which initiated Land Development Code amendments related to environmental, drainage, and landscape requirements. The resolution directed staff to present most of the initiated amendments to Council for consideration. Seconded by: Kevin Ramberg THEREFORE, the Environmental Commission recommends the amendments to Title 25 with the following Environmental Commission recommendations. 1. Require small-scale missing middle projects to send out zoning and building notifications to adjacent neighbors within 500 ft. Notices should be, at a minimum in English and Spanish. 2. Require landscaping and functional green infrastructure to have a long-term maintenance plan to ensure plant survival, reduce heat island effects, and increase tree canopy. 3. Bring affected neighborhood drainage up to code to improve capacity and reduce environmental impact 4. Remove “grandfathered” development projects before May 18, 1986, so everyone receives equitable 5. Consider slopes in urban and suburban watersheds as the same. 6. Consider the environmental and economic impact on adjacent landowners of small-scale missing middle due to leakage. review and protections. projects. 7. Review SF-3 and above for equitable application of the proposed code changes. 8. Review watersheds across the city to create similar or equitable water quality standards similar to the Barton Creek Watersheds to improve the downstream impact to the Colorado River. 9. Include increased traffic and its environmental impact in neighborhoods where small-scale missing middle projects will occur. 10. Require all new code or improved code to comply with Atlas-14 standards. 11. Require public notification and review of in-channel flood variances. 12. Incentivize electric car charging stations in small-scale missing middle projects and commercial development. 1 13. Incentivize use of solar capturing technology in small-scale missing middle projects and single-family homes. 14. Encourage public input to all code changes. a. Environmental Commission wishes to voice their concern that the public was not included in this code rewrite. maintenance. 15. Encourage water catchment systems in commercial development for landscaping and functional green 16. Reinstate that the public is notified of Section 25-8-25(b)(4) changes regarding neighborhood plans adopted by Council. 17. Require the environmental staff to work …
2022 Environmental Code Amendments Phase 1 Planning Commission S e p t e m b e r 2 7 , 2 0 2 2 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 Objective • Respond to por tion of Resolution 20220609- 061 that requires staff to bring for th an ordinance amending Title 25 related to environmental protection. • Due September 15, 2022 • Key subject areas Stormwater Landscape • • • Water Resource Protection Colorado River Protections • Previously identified minor code amendments and other amendments that meet the • objectives of the resolution • Don’t Disincentivize Missing Middle 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 2 Progress So Far • I n t e r n a l W a t e r s h e d P r o t e c t i o n D e p t ( W P D ) t e c h n i c a l s t a f f • I n p u t f r o m o t h e r d e p a r t m e n t s i n c l u d i n g • Development Services Department • Austin Water • Austin Transportation • • Housing and Planning • CoA Project Connect Office Law • 7 / 2 5 / 2 0 2 2 – E n v i r o n m e n t a l C o m m i s s i o n W o r k g r o u p • 8 / 3 / 2 0 2 2 – E n v i r o n m e n t a l C o m m i s s i o n U p d a t e • 8 / 1 8 / 2 0 2 2 – C o d e s a n d O r d i n a n c e s J o i n …
Affordability Impact Statement Land Development Code Chapter 25-2, 25-5, 25-7, 25-8 September 22, 2022 Proposed Regulation The proposed amendments will update various sections of the Land Development Code (LDC) pursuant to Resolution No. 20220609-061. Amendments include policy changes, streamlining of current processes, and edits for clarity. Housing and Planning Department (HPD) staff evaluated the proposed amendments for their potential to impact housing affordability. The majority were found to have negligible impacts; two proposals were identified as having potential significant impacts, “significant” here defined as increasing the cost of housing development that would be feasible under current code. The rest of this staff analysis focuses on those two proposed amendments. The substance of these two amendments is paraphrased below: § 25-8-213 WATER QUALITY CONTROL STANDARDS • For developments with up to 90% impervious cover*: requiring green stormwater infrastructure for water quality treatment Article 25-8, Subchapter C. Functional Green • For developments allowed to contain over 80% impervious cover: requiring Functional Green** landscape elements *Exceptions and variances apply to eligible developments. **Functional Green describes a set of landscape elements that are used to restore native vegetation, enhance streetscape aesthetics, and prioritize green over grey, usually concrete, infrastructure. Please see the draft ordinance for the proposed list of landscape elements that would contribute to a site’s Functional Green score. Overall Evaluation Summary The proposed code amendments may increase construction and maintenance costs but have environmental benefits. Due to these tradeoffs, the affordability impact is considered undetermined. HPD staff recommends modifying the code or developing programs to mitigate the costs for developments with income-restricted units. See below for more detail. Applicability The Functional Green requirement will not apply to projects with residential base zoning, because residential zones do not exceed 80% impervious cover. However, it will apply to some projects using Vertical Mixed Use, Affordability Unlocked, and the proposed Residential in Commercial incentive program. The green stormwater infrastructure (GSI) requirement will apply to most multifamily or residential subdivision projects. Benefits heat island effect. 1. The requirements would increase onsite vegetation, which would mitigate the urban 2. The requirements would increase greenspace, thus increasing the mental and physical health benefits that it provides. This addresses disparities identified in the Equity Response, Summary, and Recommendations, which is an attachment to the code amendment staff report, which states, “Communities of color and low-income communities have been shown to have disproportionately worse physical, mental, and environmental health outcomes …
RESOLUTION NO. 20220609-061 WHEREAS, protecting our environment is the foundation for sustaining our planet, community, and economy; and WHEREAS, the City ofAustin's "State of Our Environment: 2020 Annual Report," showed that creeks in the Desired Development Zone scored on average 10 points lower than those in the Drinking Water Protection Zone; and WHEREAS, the Drinking Water Protection Zone designation located on the west side of Austin has restricted development through regulations creating positive environmental outcomes, while the Desired Development Zone, located in Central and East Austin, has more permissive regulations that have resulted in some negative outcomes; and WHEREAS, properties located in the Desired Development Zone have more permissive development regulations with regard to the size of creek buffers, impervious cover limits, cut and fill, and construction on slopes; and WHEREAS, extensive empirical literature links exposure to nature with better health, and creeks provide city-wide opportunities to experience nature; and WHEREAS, current code allows for structures such as in-channel detention basins and concrete wastewater manholes to be placed in creeks, which can cause erosion and other severe, often long-lasting consequences that can be expensive to reverse; and WHEREAS, the City is faced with the existing and growing threat of industrial discharges that can negatively impact creeks and communities located primarily on the east side of the City of Austin; and Page 1 of 10 WHEREAS, there has been a steady increase in the amount of land area in Austin covered by impervious surfaces and a corresponding steady decrease in the amount of pervious land area capable of absorbing rainfall; and WHEREAS, one result of the historically high rates of development is a rise in the amount of runoff that flows off-site from developed properties and into older, undersized stormwater drain systems, creeks, rivers, and lakes, contributing to increases in flooding severity, damage to private property, loss of life, and water pollution; and WHEREAS, currently City Code allows redeveloped sites to use existing impervious cover as a baseline for drainage calculations, resulting in increased runoff and contributing to flooding and erosive flows downstream; and WHEREAS, increasing density reduces sprawl and thereby reduces traffic congestion, pollution, and development of open spaces and agricultural; and WHEREAS, a U.S. Geological Survey study found that using green stormwater infrastructure for water quality provided enhanced mitigation of peak flows and run-off volumes compared to large, detention-based stormwater control practices; and WHEREAS, the Watershed Protection Department "Master …
M E M O R A N D U M Mayor and Council Members Katie Coyne, AICP, Certified Ecologist – ESA Environmental Officer / Assistant Director Watershed Protection Department Rey Arellano, Assistant City Manager September 29, 2022 TO: FROM: THROUGH: DATE: SUBJECT: Proposed Phase 1 Environmental Code Amendment Related to Resolution #20220609-061 The purpose of this memorandum is to provide an update to the staff response related to proposed code amendments to Title 25 that were initiated by the City Council under Resolution 20220609-061. The approved resolution directed the City Manager to initiate a suite of code amendments related to environmental health and landscape requirements. Council approved staff’s request to postpone consideration of this item to your meeting of October 13, 2022. A summary of these code amendments, which the resolution directed to be considered by September 15, 2022, is provided below: 1. 2. 3. Initiated code amendment: Establish criteria that prioritize when green stormwater methods should be required or incentivized over conventional stormwater controls. Staff recommendation: Require green stormwater controls, such as biofiltration ponds, rain gardens, rainwater harvesting, etc., for sites with less than 90% impervious cover, except for sites meeting certain conditions. Allow an administrative variance option for constrained sites. Initiated code amendment: Require surface parking lot stormwater to enter pervious parking lot islands, landscaped medians, and perimeter landscapes as a method of water quality and require that pavement be graded to allow runoff to enter planting areas. Staff recommendation: Remove stormwater irrigation requirements from existing landscape requirements. Remove six-inch curb barrier requirement for parking lot islands, medians, and peninsulas. Require stormwater to flow into parking lot islands, medians, and peninsulas when feasible. Initiated code amendment: Implement Functional Green requirements for properties with more than 80% allowable impervious cover. Staff recommendation: Apply Functional Green landscape requirements for sites with greater than 80% allowable impervious cover within a new Subchapter (C) in Land Development Code Chapter 25-8 Environment. Staff recommends a delayed effective date of Functional Green landscape requirements until the associated rules can be vetted through the stakeholder process. Staff requests that the Council also provide direction Page 1 of 3 4. 5. 6. 8. 9. 7. allowing them to amend Title 25-2 Zoning to move the remainder of the existing landscaping requirements from 25-2 Zoning into the newly created subchapter and allow staff to propose minor modifications for clarity to existing landscaping requirements. Initiated code amendment: Allow …
Amend Commissi Section Pg # Proposed Amendment 1 Azhar 25-8-Subchapter C Delay consideration of the Functional Green sub-item, contained in 25-8-Subchapter C, for Staff to provide the following to the Planning - Functional Green Commission: comments and response from Staff. - Provide results of additional formal engagement with community, industry, and other departments. Preferably, provide a summary of stakeholder - Work with City staff and stakeholders to provide an analysis of the impact of these provisions on developable space in CBD, DMU, VMU, UNO, TOD, MF-6, zoning districts and all -MU combining districts, including providing a minimum of two test cases for each zone to consider real-life Proposed Text Change References and Notes Strikethrough of relevant sections Text Yes Requires deeper understanding of planning impact and stakeholder engagment - Work with City staff and stakeholders to provide an analysis of a minimum of 2 test cases that apply to a scenario with small site less than 1 acre and less than 5,000 sq ft impervious cover, approved in the last 2 years. - Provide greater definition in the Affordability Impact Statement regarding anticipated costs and environmental benefits. - Work with City staff and stakeholders to provide test cases with financial modeling for different project sites in different zoning districts to understand the financial impact of these requirenents, both one-time capital costs and recurring O&M costs, including, but not limited to, assessing CBD, DMU, MF-6, and VMU projects. - Work with HPD staff to assess the utilization of bonus entitlements to incentivize these requirements and minimize cost and developable space - Work with staff from HPD, Corridor Program Office, and Project Connect Office to assess the implications of this requirement on the ETOD and other corridor planning processes currently underway, with the aim to ensure that housing capacity contiues to support mode shift goals. - Ensure that regular revisions to landscape design and plantings do not require a Site Plan Revision. - Provide the literature review conducted to define the multipliers for all allowable landcsape elements. - Provide the basis on which the 0.3 threshold requirement was set. - Explain how these requirements will converge with parkland dedication, Great Streets, UNO street design, landcaping, and other exisiting code - Assess and provide a data-based review of the environmental impact of these requirements on high water demand/use and carbon emissions from equipment needed to maintain landscape on rooftops, etc over the lifetime …
Zoning and Platting Commission Resolution Whereas, the Austin City Council passed Resolution 20220609-061 “relating to environmental protections and water quality”; and Whereas, the City Council directed the City Manager “to address the equitable protection of the environment throughout the City of Austin as part of the Watershed Protection Strategic Plan’; and Whereas, the proposed regulations include green stormwater infrastructure and functional green to lessen the heat island effect and provide other benefits; and Whereas, the proposed regulations lessen environmental reviews for some projects including water quality controls, critical environmental features, construction on slopes and watershed impervious cover limits; and Whereas, the City of Austin Zoning and Platting Commission welcomes improved environmental protections and water quality throughout the entire City. Now, therefore, be it resolved that the Zoning and Platting Commission encourages the Austin City Council to approve C20-2022-005a, Land Development Code Amendments with the following changes: • Implementation of Functional Green requirements will be deferred until such time as the Emergency Rules for the Environmental Criteria Manual is adopted to reflect the appropriate Criteria; • Allow boat dock access to remain within 50’ of the Lake as it relates to items 25-8-25 (B)(2), 25-8-27 (D)(2) • Under Section 25-8-64(E) for lots that cannot meet this criteria a mechanism to allow smaller units will be developed • Remove 25-8-213(A)(1) proposed changes • Clarify that the impervious cover limit in § 25-5-3 (B)(13)(b) is the impervious cover allowed by the zoning not to exceed 55%, Be it further resolved as Part of Phase 2 of Council initiated code updates that the following directions from the Council resolution be completed as soon as possible: • Require the environmental staff to work with Austin’s Equity Office to address inequities created by different rules for the Desired Development Zone and Critical Water Quality Zones such as Barton Springs; • Once the Affordability impact is determined any negative aspects will be counter balanced with incentives to ensure that there is no negative financial impact of these new requirements; • Recommend that all subdivisions and site plans in Urban Watersheds meet steep slope protections; and • Recommend new and redeveloped projects to use greenfield conditions as a baseline when calculating drainage requirements
