20200415-008a: Water Oak Apartments SP-2019-0109C variance packet — original pdf

Backup

ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: April 15, 2020 NAME & NUMBER OF PROJECT: Water Oak Apartments SP-2019-0109C NAME OF APPLICANT OR ORGANIZATION: Gemsong Ryan Jones Carter LOCATION: 12125 S IH 35, Austin, TX 78747 COUNCIL DISTRICT: District 5 ENVIRONMENTAL REVIEW STAFF: WATERSHED: REQUEST: Pamela Abee-Taulli, Environmental Review Specialist Senior, Development Services Department, 512-974-1879 Onion Creek Watershed, Suburban Classification, Desired Development Zone Variance request is as follows: 1. Request to vary from LDC 25-8-341 to allow cut in excess of 4 feet on slopes exceeding 15 percent. STAFF RECOMMENDATION: Staff recommends this variance with conditions, having determined the findings of fact to have been met. STAFF CONDITIONS: 1. Stockpile and reserve topsoil for use in revegetation of disturbed areas. 2. Revegetate disturbed areas adjacent to creek and pond with riparian plantings per 609S.6. 3. Use enhanced erosion & sedimentation controls during construction to prevent outflow of sediment-laden water from pond. Development Services Department Staff Recommendations Concerning Required Findings Project Name: Ordinance Standard: Watershed Protection Ordinance Variance Request: Water Oak Apartments Request to vary from LDC 25-8-341 to allow cut in excess of 4 feet, to 13 feet, on slopes exceeding 15 percent. Include an explanation with each applicable finding of fact. A. Land Use Commission variance determinations from Chapter 25-8-41 of the City Code: 1. The requirement will deprive the applicant of a privilege available to owners of similarly situated property with approximately contemporaneous development subject to similar code requirements. Yes The site slopes toward the middle, from east and west, toward an unclassified creek (drainage area less than 64 acres) that bisects the lot (see Applicant Exhibit 4 for topography). With a gross site area of 21.4 acres, 1.6 acres have slopes between 15 and 25 percent, 0.5 acres have slopes from 25 to 35 percent, and 0.04 acres have slopes over 35 percent. The steepest slopes are at the north, downstream end of the creek. This is also the best location for the detention pond, since it is the lowest point of the site. Developers of similarly situated properties have been allowed to grade over 4 feet for ponds located on steep slopes. 2. The variance: a) Is not necessitated by the scale, layout, construction method, or other design decision made by the applicant, unless the design decision provides greater overall environmental protection than is achievable without the variance; Yes The variance is not necessitated by the layout. The steepest slopes are located in the most logical location for stormwater detention. b) Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; Yes The variance is minimum deviation. The pond volume has been minimized by use of rain gardens to treat the entire water quality volume. The pond shape has been designed to maximize tree protection. c) Does not create a significant probability of harmful environmental consequences. Yes The variance does not create a significant probability of harmful environmental consequences. Erosion and sedimentation controls have been designed to prevent runoff during construction and post-development runoff is required to match pre-development. 3. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes The variance will not adversely affect water quality. B. The Land Use Commission may grant a variance from a requirement of Section 25-8-422 (Water Supply Suburban Water Quality Transition Zone), Section 25-8-452 (Water Supply Rural Water Quality Transition Zone), Section 25-8-482 (Barton Springs Zone Water Quality Transition Zone), Section 25-8-368 (Restrictions on Development Impacting Lake Austin, Lady Bird Lake, and Lake Walter E. Long), or Article 7, Division 1 ( Critical Water Quality Zone Restrictions ), after determining that:: 1. The criteria for granting a variance in Subsection (A) are met; 2. 3. NA NA NA The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. Staff Determination: Staff determines that the findings of fact have been met. Staff recommends the following conditions: 1. Stockpile and reserve topsoil for use in revegetation of disturbed areas. 2. Revegetate disturbed areas adjacent to creek and pond with riparian plantings per 609S.6. 3. Use enhanced erosion & sedimentation controls during construction to prevent outflow of sediment-laden water from pond. Environmental Reviewer (DSD) _____________________________ (Pamela Abee-Taulli) 3/30/20 ________________ Date Environmental Review Manager (DSD) _____________________________ (Mike McDougal) 3/30/20 _______________ Date Environmental Officer (WPD) _____________________________ (Chris Herrington) 4/02/2020 ________________ Date