20200304-006b: HEB 10 SP-2019-0034C variance packet 2 of 3 — original pdf

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H-E-B Store #10 Environmental Commission Variance TBPE No. 6324 TBPLS No. 10194230 January 10, 2020 HEB Variance Backup One, p. 1ENVIRONMENTAL COMMISSION VARIANCE APPLICATION FORM PROJECT DESCRIPTION Applicant Contact Information Name of Applicant Street Address City State ZIP Code Work Phone E-Mail Address Case Name Case Number Address or Location Environmental Reviewer Name Environmental Resource Management Reviewer Name Applicable Ordinance Watershed Name Watershed Classification Variance Case Information Reece Whitley 1905 Aldrich St, Suite 300 Austin, TX 78723 512-328-0011 Reece.Whitley@stantec.com H-E-B Store #10 SP-2019-0034C 7901 West Highway 290 US Pamela Abee-Taulli Pamela Abee-Taulli Ordinance 920903-D Williamson Creek Watershed ☐Urban ☐ Suburban ☐Water Supply Suburban ☐Water Supply Rural ■ Barton Springs Zone HEB Variance Backup One, p. 2Edwards Aquifer Recharge Zone ☐ Barton Springs Segment ☐ Northern Edwards Segment ■ Not in Edwards Aquifer Zones Edwards Aquifer Contributing Zone Distance to Nearest Classified Waterway ■ Yes ☐ No 5270 feet Water and Waste Water service to be provided by City of Austin Request Impervious cover square footage: acreage: percentage: Provide general description of the property (slope range, elevation range, summary of vegetation / trees, summary of the geology, CWQZ, WQTZ, CEFs, floodplain, heritage trees, any other notable or outstanding characteristics of the property) The variance request is as follows (Cite code references: Existing ___0____ _30.29__ ___0%__ Proposed _322,344_ _30.29__ _25%___ The proposed H-E-B Store #10 located at 7901 West Highway 290 US in the full purpose jurisdiction of City of Austin, Travis County, Texas. A site vicinity map has been provided as Vicinity Map Exhibit. The proposed development will consist of approximately 88,000 square feet of retail grocery store with on-site parking. The Proposed site is a ±30.96 acre tract of undeveloped land with nature vegetation, small and heritage cedar and oak trees, and a gradual slopes of 1% to 12%. The surface elevations range from a low point elevation of ±908 Mean Sea Level (MSL) located at the east end of the tract, to a high point elevation of ±977 MSL located on the west edge of the property along FM 1826. Overall, the property slopes west to east, draining toward the existing channel within the property. According to the US Department of Agriculture’s Web Soil Survey, the property consists of soil classified as Brackett-Rock outcrop complex (BID) and Volente silty clay loam (VoD), and Hydraulic Soils Group C and D. According to the Natural Resources Conservation Service (NRCS), soils in these groups have a high runoff potential. There are no critical environmental features on or within 150 feet of the property. An Environmental Resource Inventory by Horizon dated July 27, 2017 is included. The proposed site is classified as Williamson Creek Watershed, Barton Creek Contributing Zone, as Defined by the City of Austin. The site is located in the Edward’s Aquifer Contributing Zone, and no portion of the site is located in the HEB Variance Backup One, p. 3Edward’s Aquifer Recharged Zone. The proposed H-E-B Store #10 required up to 8 feet of cut and more than 8 feet of fill. Clearly indicate in what way the proposed project does not comply with current Code (include maps and exhibits) FINDINGS OF FACT As required in LDC Section 25-8-41, in order to grant a variance the Land Use Commission must make the following findings of fact: Include an explanation with each applicable finding of fact. Project: H-E-B Store #10 Ordinance: A. 1. Land Use Commission variance determinations from Chapter 25-8-41 of the City Code: 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 / No The requirement from Chapter 25-8-41 City of Austin code is restricting the proposed H- E-B Store #10 to provide: • Sidewalks within the parking lot that comply with Texas Accessibility Guidelines • Fire Access that complies with IFC throughout the site. • 5% maximum grade within the parking lot which would prevent vehicle doors from swinging and hitting adjacent vehicles. • Provide safe routes for customers from vehicle to store under wet/icy conditions. HEB Variance Backup One, p. 4 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 / No The City of Austin standard for parking of 1:270 is considerably higher than most cities in Texas. It’s more common to find parking requirements of 1:200 in central and south Texas. In our years of operating grocery stores in this region, we know that our stores do not perform well with parking lots at a 1:200 ratio. A typical HEB store this size might have 100 employees on an average day, and considerably more during peak times. The more customers we see in a store, the more employees we tend to have as with most retail businesses. We set our standard for parking our stores at 1:150. In order to provides greater overall environmental protection for large scale parking, the proposed H-E-B Store #10 proposed to use all the captured condensate for landscape irrigation. Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; Yes / No The minimum deviation of the code requirement will allow the proposed H-E-B Store #10 to: reduce the amount of cut for the proposed building and parking lot. reduce the amount of fill for the proposed building and parking lot. • • • Place the proposed building and parking lot near the intersection of HWY • Reduce amount of large tree from being demo from the building and 290 and FM 1826. parking lot layout. Does not create a significant probability of harmful environmental consequences. Yes / No To ensure the proposed H-E-B Store #10 does not create significant probability of harmful environmental consequences, the Retention/Irrigation pond has been designed to treat all proposed impervious cover. b) c) HEB Variance Backup One, p. 5Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes / No the Retention/Irrigation pond has been designed to treat all proposed impervious cover without any additional variance. Additional Land Use Commission variance determinations for a requirement of Section 25-8-422 (Water Quality Transition Zone), Section 25-8-452 (Water Quality Transition Zone), Article 7, Division 1 (Critical Water Quality Zone Restrictions), or Section 25-8-368 (Restrictions on Development Impacting Lake Austin, Lady Bird Lake, and Lake Walter E. Long): The criteria for granting a variance in Subsection (A) are met; Yes / No [provide summary of justification for determination] The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; Yes / No The requirement for the 8 feet cut/fill prevents the reasonable development of the property. With the approved variance the following could be achieved: reduce the amount of cut for the proposed building and parking lot. reduce the amount of fill for the proposed building and parking lot. • • • Place the proposed building and parking lot near the intersection of HWY • Reduce amount of large tree from being demo from the building and 290 and FM 1826. parking lot layout. The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. Yes / No This variance will allow the proposed H-E-B Store #10 to maximize the allowable impervious cover with the less amount of cut, fill and maintain a maximum of 5% slope for the safety of the public. 3. 1. 2. 3. B. **Variance approval requires all above affirmative findings. HEB Variance Backup One, p. 6A Exhibits for Commission Variance o Aerial photos of the site o Site photos o Aerial photos of the vicinity o Context Map—A map illustrating the subject property in relation to developments in the vicinity to include nearby major streets and waterways o Topographic Map - A topographic map is recommended if a significant grade change on the subject site exists or if there is a significant difference in grade in relation to adjacent properties. o For cut/fill variances, a plan sheet showing areas and depth of cut/fill with topographic elevations. o Site plan showing existing conditions if development exists currently on the property o Proposed Site Plan- full size electronic or at least legible 11x17 showing proposed development, include tree survey if required as part of site or subdivision plan o Environmental Map – A map that shows pertinent features including Floodplain, CWQZ, WQTZ, CEFs, Setbacks, Recharge Zone, etc. o An Environmental Resource Inventory pursuant to ECM 1.3.0 (if required by 25-8-121) o Applicant’s variance request letter HEB Variance Backup One, p. 7LIST OF EXHIBITS EXHIBIT 1 AERIAL PHOTOS OF THE SITE .................................................................................... 1 EXHIBIT 2 SITE PHOTOS ............................................................................................................. 2 EXHIBIT 3 AERIAL PHOTOS OF THE VICINITY ........................................................................... 3 EXHIBIT 4 CONTEXT MAP ......................................................................................................... 4 EXHIBIT 5 TOPOGRAPHIC MAP ................................................................................................ 5 EXHIBIT 6 FOR CUT/FILL VARIANCES ....................................................................................... 6 EXHIBIT 7 SITE PLAN.................................................................................................................. 7 EXHIBIT 8 PROPOSED SITE PLAN .............................................................................................. 8 EXHIBIT 9 ENVIRONMENTAL MAP ............................................................................................ 9 EXHIBIT 10 ENVIRONMENTAL RESOURCE INVENTORY .......................................................... 10 EXHIBIT 11 VARIANCE REQUEST LETTER ................................................................................. 11 HEB Variance Backup One, p. 8 EXHIBITS HEB Variance Backup One, p. 9EXHIBIT 1 AERIAL PHOTOS OF THE SITE HEB Variance Backup One, p. 10I . . G W D P A M D A O R A T N E M H C A T T A \ S T I B H X E \ G N W A R D \ L V C \ 1 3 8 0 1 0 2 2 2 \ E V I T C A \ 0 2 2 2 \ V : I I I M P 5 2 : 2 1 0 2 0 2 / 0 1 / 1 PROPOSED SITE TBPE # F-6324 TBPLS # 10194230 Stantec Consulting Services Inc. 1905 Aldrich Street Suite 300 Austin TX 78723-3544 Tel: (512) 328-0011 www.stantec.com The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. MAY 2019 222010831 Client/Project H-E-B, LP H-E-B STORE #10 AUSTIN, TX Figure No. 1.0 Title EXHIBIT ROAD MAP EXHIBIT HEB Variance Backup One, p. 11I . . G W D P A M D A O R A T N E M H C A T T A \ S T I B H X E \ G N W A R D \ L V C \ 1 3 8 0 1 0 2 2 2 \ E V I T C A \ 0 2 2 2 \ V : I I I M P 7 3 : 2 1 0 2 0 2 / 0 1 / 1 TBPE # F-6324 TBPLS # 10194230 Stantec Consulting Services Inc. 1905 Aldrich Street Suite 300 Austin TX 78723-3544 Tel: (512) 328-0011 www.stantec.com The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. PROPOSED SITE MAY 2019 222010831 Client/Project H-E-B, LP H-E-B STORE #10 AUSTIN, TX Figure No. 1.0 Title EXHIBIT ROAD MAP EXHIBIT HEB Variance Backup One, p. 12EXHIBIT 2 SITE PHOTOS HEB Variance Backup One, p. 13HEB Variance Backup One, p. 14HEB Variance Backup One, p. 15EXHIBIT 4 CONTEXT MAP HEB Variance Backup One, p. 161 2 3 4 5 N n o i t c u d o p e R r . c e t n a t S f r r o y t r e p o p e h t e a s g n w a d d n a s n g i s e d r i l l a o t s t h g i r y p o C e h T e h t e a c s T l O N O D . s n o i s n e m d i l l a r o f l e b i s n o p s e r e b d n a y f i r e v l l a h s r o t c a r t n o C e h T . y a e d l t u o h t i w c e t n a t S o t d e t r o p e r e b l l a h s s n o i s s i m o r o s r o r r e y n a - i g n w a d r . n e d d b o r i f s i c e t n a t S y b d e z i r o h t u a t a h t n a h t r e h t o e s o p u p y n a r r o f e s u r o 4 2 3 6 - F # E P B T 0 3 2 4 9 1 0 1 # S L P B T . c n i I s e c v r e S g n i t l u s n o C c e t n a t S 0 0 3 e t i u S t e e r t S h c i r l d A 5 0 9 1 4 4 5 3 - 3 2 7 8 7 X T n i t s u A . m o c c e t n a t s . w w w 1 1 0 0 - 8 2 3 ) 2 1 5 ( : l e T . D D M M Y Y Y Y . d p p A y B n o i s i v e R . D D M M Y Y Y Y . d p p A y B 1 1 . . 1 0 9 1 0 2 I T E S W E V E R % 5 7 d e u s s I Permit/Seal 4 0 2 8 7 X T , I O N O T N A N A S , T E E R T S S E R O L F S 6 4 6 j t c e o r P / t n e C i l P L , B - E - H I 0 9 2 Y A W H G H T S E W 1 0 9 7 0 1 # E R O T S B - E - H 3 0 7 8 7 S A X E T , N I T S U A 222010831 Project No.: File Name: 10831C01_101_SDM Scale: AJM Dwn. Dsgn. TP JF 2020.01.02 Chkd. YYYY.MM.DD Title EXISTING GROUND SLOPE MAP Sheet: 09 of 63 0 Revision: Drawing No. 09 SP-2019-0034C D C B A m d s _ 1 0 1 _ 1 0 c 1 3 8 0 1 \ g n w a d \ r i l i i v c \ 1 3 8 0 1 0 2 2 2 \ e v i t c a \ 0 2 2 2 \ v : M A 7 4 : 7 3 : 8 2 0 . 1 0 . 0 2 0 2 ORIGINAL SHEET - ARCH D HEB Variance Backup One, p. 17 30°15'13.36"N W " 1 0 . ' 6 1 6 5 ° 7 9 918 FEET 9 4 0 F E E T T E E F 6 0 9 T E E F 1 0 9 T E E 8 F 9 8 ET 894 FE 9 4 1 F E E T T E E 6 F 5 9 4 4 F T 9 E E F 9 4 9 E E T T E E F 7 7 8 T E E 5 F 7 8 873 F E E T 86 8 F E E T T E E 4 F 6 8 8 6 0 F E E T 857 FE ET T E E F 4 5 8 8 5 4 F E E T T E E F 1 5 8 T E 904 FE T E E 8 F 9 8 T E E 1 F 9 8 T E E F 4 8 8 T E E F 9 6 8 8 6 4 F E E T 8 5 9 F E E T 8 7 4 F E E T 943 FEET 940 FEET ET 928 FE 92 3 F E E T T E E F 2 7 9 T E E 9 6 7 F ET 962 FE 959 FE ET T E E 4 F 5 9 T E E F 2 5 9 T E E F 6 4 9 T E E F 1 4 9 T E E F 6 3 9 T E E 1 F 3 9 9 0 5 F E E T 9 1 6 F E E T 9 1 5 9 1 F E E T 0 F E E T T E E F 6 2 9 T E E 2 F 2 9 T E E 3 F 0 9 T E E F 0 0 9 T E E F 6 9 8 T E E 2 F 9 8 890 FEET T E E 5 F 8 8 T E E T 1 F E E 0 F 88 88 ET 874 FE T E 875 FE 869 FEET 865 FEET ET 862 FE 8 6 2 F E E T T E E 5 F E T 5 E 8 4 F 5 8 T E 858 FE 855 FE T E T E E 4 F 5 8 ET 849 FE ET 848 FE 8 7 2 F E E T T E E 7 F 9 8 T E E F 2 9 8 T E E 9 F 8 9 ET 986 FE ET 982 FE 978 FEET T E E 2 F 97 T E E F 8 6 9 9 6 2 F E E T T E E F 6 5 9 9 5 1 F E E T T E E 6 F 4 9 3 9 T E E 8 F 9 3 4 F E E T 9 F E E T 2 9 2 8 F E E T E 9 T E T E 2 9 E 9 F 0 F 1 9 FLOOD HAZARD INFORMATION NOTES TO USERS SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT Without Base Flood Elevation (BFE) Zone A, V, A99 With BFE or Depth Zone AE, AO, AH, VE, AR SPECIAL FLOOD HAZARD AREAS Regulatory Floodway For information and questions about this Flood Insurance Rate Map (FIRM), available products associated with this FIRM, including historic versions, the current map date for each FIRM panel, how to order products, or the National Flood Insurance Program (NFIP) in general, please call the FEMA Map Information eXchange at 1-877-FEMA-MAP (1-877-336-2627) or visit the FEMA Flood Map Service Center website at http://msc.fema.gov. Available products may include previously issued Letters of Map Change, a Flood Insurance Study Report, and/or digital versions of this map. Many of these products can beordered or obtained directly from the website. Communities annexing land on adjacent FIRM panels must obtain a current copy of the adjacent panel as well as the current FIRM Index. These may be ordered directly from the Flood Map Service Center at the number listed above. For community and countywide map dates refer to the Flood Insurance Study Report for this jurisdiction. SCALE "# N Map Projection: GCS, Geodetic Reference System 1980; Vertical Datum: NAVD88 For information about the specific vertical datum for elevation features, datum conversions, or vertical monuments used to create this map please see the Flood Insurance Study(FIS) Report for your community at https://msc.fema.gov 0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile Zone X Future Conditions 1% Annual Chance Flood Hazard Zone X Area with Reduced Flood Risk due to Levee See Notes. Zone X Area with Flood Risk due to Levee Zone D To determine if flood insurance is available in this community, contact your Insurance agent or call the National Flood Insurance Program at 1-800-638-6620. 1 inch = 1,000 feet 1:12,000 Basemap information shown on this FIRM was provided in digital format by USDA, Farm Service Agency (FSA). This information was derived from NAIP, dated April 11, 2018. 0 500 1,000 2,000 3,000 This map was exported from FEMA's National Flood Hazard Layer (NFHL) on 11/28/2018 2:41:28 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. For additional information, please see the Flood Hazard Mapping Updates Overview Fact Sheet at https://www.fema.gov/media-library/assets/documents/118418 0 105 210 420 630 840 4,000 Feet Meters OTHER AREAS OF FLOOD HAZARD NO SCREEN Area of Minimal Flood Hazard Zone X Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard Zone D This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. GENERAL STRUCTURES Channel, Culvert, or Storm Sewer Levee, Dike, or Floodwall 20.2 Cross Sections with 1% Annual Chance 17.5 Water Surface Elevation B 8 Coastal Transect Coastal Transect Baseline Profile Baseline Hydrographic Feature Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary OTHER FEATURES 847 F E E T T E E 7 F 3 8 T E E 5 F 3 8 8 3 3 F E E T 846 F E E T T E E F 8 2 8 USGS The National Map: Orthoimagery. Data refreshed October 2017. 30°11'1.73"N ' 9 7 ° 5 2 2 9 . 0 5 " W NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAP TRAVIS COUNTY, TEXAS AND INCORPORATED AREAS PANEL 560 OF 730 Panel Contains: COMMUNITY TRAVIS COUNTY TEXAS CITY OF AUSTIN TEXAS VILLAGE OF BEAR CREEK TEXAS NUMBER 481026 PANEL 0560 480624 481679 0560 0560 MAP NUMBER 48453C0560H EFFECTIVE DATE 09/26/2008 HEB Variance Backup One, p. 18