20210120-003a: Allegro Parmer SP-2019-0170C staff presentation — original pdf

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ALLEGRO PARMER 4001 W. PARMER LN AUSTIN, TX 78727 SP-2019-0170C Kristy Nguyen Environmental Review Specialist Senior Development Services Department 1 PROPERTY DATA • 3.97 acres (gross site area) • Full Purpose • Desired Development Zone • Walnut Creek (Suburban classification) • Located over Edwards Aquifer Recharge Zone • Critical Environmental Features • Current code regulations apply 2 SP-2019-0170C Allegro Parmer Site Location Austin ETJ Austin City Limits Edwards Aquifer Recharge Zone Edwards Aquifer Contributing Zone N 3 VARIANCE REQUEST - To allow development in a Critical Water Quality Zone (LDC 25-8-261) 4 FINDINGS OF FACT (LDC 25-8-41) 5 FINDINGS OF FACT (LDC 25-8-41) …the Land Use Commission may grant a variance after determining that: • 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. The property is within a commercial subdivision, surrounded by similar development and zoning. Additionally, a majority of the site is within the critical water quality zone and has been extensively disturbed through previously permitted development to construct a parking lot and a water quality and detention pond. Without a variance to LDC 25-8-261, the applicant is deprived of the privilege to redevelop this property such that the property would likely remain in its existing condition as an unutilized parking lot. 6 PROPERTY LOCATION CWQZ 7 FINDINGS OF FACT (LDC 25-8-41) …the Land Use Commission may grant a variance after determining that: • 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. The uplands of the property are confined to existing easements that serve the commercial subdivision. Furthermore, a majority of the site (approximately 2.7 ac of 3.97 ac) is within a critical water quality zone. For these reasons, options to develop the site are infeasible without necessitating a variance to LDC 25-8-261. Additionally, previously permitted development within the inner half of the critical water quality zone, including the undersized water quality and detention pond, will be decommissioned and restored to City Standard Specification 609.S. The proposed water quality and detention pond will be located further away from the creek centerline and outside of the inner half of the critical water quality zone, providing greater overall environmental protection. 8 EXISTING CONDITIONS 9 FINDINGS OF FACT (LDC 25-8-41) …the Land Use Commission may grant a variance after determining that: • 2b: The variance is the minimum deviation from the code requirement necessary to allow a reasonable use of the property: • Staff determination: Yes. The proposed use is reasonable, and there will be a decrease of impervious cover of the overall site (approximately -6,000 sq ft) and within the critical water quality zone (approximately -1,250 sq ft). Furthermore, the proposed development largely coincides with the boundary of the existing parking lot, thereby not extending impervious cover further into the critical water quality zone. 10 FINDINGS OF FACT (LDC 25-8-41) …the Land Use Commission may grant a variance after determining that: • 2c: The variance does not create a significant probability of harmful environmental consequences. • Staff determination: Yes. There will be a net reduction of impervious cover of the overall site and within the critical water quality zone. Moreover, the existing water quality and detention pond within the inner half of the critical water quality zone, approximately 100 ft from the creek centerline, is inadequately sized and does not properly treat the runoff before it enters Yett Branch creek. With this variance, the existing pond will be dismantled, including the removal of the underdrains, and will be fully restored to City Standard Specification 609.S. The proposed water quality and detention pond will be located outside of the inner half of the critical water quality zone and will be constructed to current code and regulation standards. 11 FINDINGS OF FACT (LDC 25-8-41) …the Land Use Commission may grant a variance after determining that: • 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. The existing water quality pond treating the pollutant load from the impervious cover of the parking lot is undersized and does not comply with current code. With this variance, not only will the pond be properly sized to treat runoff for the entire site, but also will be located further away from the creek centerline and outside of the inner half of the critical water quality zone. See Exhibit 1 on slides 14 and 15. 12 VARIANCE RECOMMENDATION Fully dismantle the existing water quality and detention pond, Staff determines that the findings of fact have been met and recommends approval of the variance request with the following conditions: 1) including pond appurtenances and underdrains, and provide restoration in accordance with City Standard Specification 609.S (see following Exhibit 2, slide 16); 2) located at the southern property boundary of the commercial subdivision (see following Exhibit 3, slide 17); and 3) ECM 1.6.7 to reduce pollutant load and impervious cover Design the fire lane turnaround within the CWQZ in accordance with Clean up debris and trash along the portion of Yett Branch creek 13 EXHIBIT 1 – EXISTING UNDERSIZED WATER QUALITY/DETENTION POND Approx. 100 ft from creek centerline 14 EXHIBIT 1 – EXISTING UNDERSIZED WATER QUALITY/DETENTION POND Approx. 100 ft from creek centerline 15 EXHIBIT 2 - PROPOSED RESTORATION OF POND AREA 16 EXHIBIT 3 – EXISTING CONDITIONS 17 QUESTIONS/COMMENTS 18