20200916-004a: SP-2019-0561C Koenig Lane Commercial variance presentation — original pdf

Backup

KOENIG LANE COMMERCIAL 1512 W. KOENIG LANE AUSTIN, TX 78757 SP-2019-0561C Jonathan Garner Environmental Program Coordinator Development Services Department SP-2019-0561C KOENIG LANE COMMERCIAL 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 PROPERTY DATA • Full-Purpose Jurisdiction • Desired Development Zone • Shoal Creek Watershed (Urban classification) • Not located over Edwards Aquifer Recharge Zone • Current code regulations apply 3 VARIANCE REQUEST 1. To allow development in a CWQZ (LDC 25-8-261) • Private driveway and parking lot 4 FINDINGS OF FACT (LDC 25-8-41) 5 FINDINGS OF FACT [LDC 25-8-41(A)] • 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. • Staff determination: Yes. • LDC 25-8-261 will deprive the property owner of a privilege available to owners of other similarly situated property because the surrounding development (and zoning, LO-MU-NP) is all commercial businesses with similar sized lots and development, and on-street parking is not an option along W. Koenig Drive (slides 7-9). 6 SITE CONTEXT 7 SITE AERIAL EXHIBIT 8 SITE ENVIRONMENTAL CONSTRAINTS CRITICAL WATER QUALITY ZONE 100-YR FULLY DEVELOPED FLOODPLAIN SITE LOCATION 9 FINDINGS OF FACT (LDC 25-8-41) • 2a: The variance 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: • Staff determination: Yes. For commercial development the applicant is required to provide a means of vehicular ingress and egress, as well as parking on site. The applicant is proposing vegetated filter strips for on-site water quality (slide 12), reducing the overall proposed impervious cover on the property by providing “ribbon strips” for the driveway and porous concrete (slide 13) for all pedestrian walkways These design decisions result in a total proposed impervious cover amount of 55%, where as much as 70% is allowed, and provides on-site water quality treatment. 10 EXISTING CONDITIONS & DRAINAGE EXISTING PERVIOUS AREA EXISTING GRAVEL DRIVES EXISTING BUILDING TO REMAIN 11 PROPOSED DRAINAGE & WATER QUALITY 12 PROPOSED PAVING PLAN PROPOSED RIBBON STRIPS 13 FINDINGS OF FACT (LDC 25-8-41) • 2b: The variance is the minimum deviation from the code requirement necessary to allow a reasonable use of the property: • Staff determination: Yes. The applicant is proposing less impervious cover than allowed (Urban watershed, limited only by zoning regulations-70% maximum) and is providing some on-site water quality treatment that is otherwise not required due to property’s location, size of lot, and amount of proposed impervious cover. 14 FINDINGS OF FACT (LDC 25-8-41) • 2c: The variance does not create a significant probability of harmful environmental consequences. • Staff determination: Yes. The applicant is providing vegetated filter strips throughout the property that will capture and treat some stormwater runoff before entering the City’s storm sewer infrastructure, as well as provide some infiltration benefits (slide 16). 15 PROPOSED DRAINAGE & WATER QUALITY 16 FINDINGS OF FACT (LDC 25-8-41) • 3: Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. • Staff determination: Yes. Due to the property’s location, size of lot, and amount of proposed impervious cover, on-site water quality is not required. However, the applicant is providing some on-site water quality controls in the form of vegetated filter strips in order to treat and infiltrate some stormwater runoff on site. Neither a rain garden nor rainwater harvesting are feasible for the project since there is neither an accessible storm drain nor adequate roof drains with an irrigation system or a large enough area for a level spreader. Therefore, the vegetated filter strips method of providing on-site water quality control exceeds the water quality requirement that would be achievable without the variance. 17 FINDINGS OF FACT [LDC 25-8-41(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: (next slides) 18 FINDINGS OF FACT [LDC 25-8-41(B)] • 1. The criteria for granting a variance in Subsection (A) are met; • Staff determination: Yes. All criteria in Subsection (A) are met. (Slides 6-18) 19 FINDINGS OF FACT [LDC 25-8-41(B)] • 2. The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; • Staff determination: Yes. The proposed development is consistent with the applicable zoning and is contemporaneous with the surrounding properties. The lot has existed in its current configuration for many years. The property is entirely within the CWQZ; expanding the lot to extend beyond the CWQZ is not possible. This property was rezoned from SF to LO-MU-NP in 2004 [Ord. No. 040513-33A]. Based on the location of the property (fronting Koenig Lane), continued single-family use is unlikely. 20 FINDINGS OF FACT [LDC 25-8-41(B)] • 3. The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property; • Staff determination: Yes. The applicant proposes an impervious cover amount well below the maximum allowance and on-site water quality treatment that exceeds the minimum requirement of Code. Therefore, this minimum deviation from Code is necessary to allow a reasonable, economic use of the entire property. 21 VARIANCE RECOMMENDATION • Staff recommends the required Findings of Fact have been met, and recommends approval of the variance request. CONDITIONS FOR APPROVAL 1. Provide on-site water quality treatment throughout the site utilizing vegetated filter strips. boundaries. impervious cover. 2. Provide porous pavement for all pedestrian walkways within the property 3. Provide ribbon strips for the driveway as a means of reducing overall 22 END OF PRESENTATION 23