20210421-003b: SP-2019-0385C 1076 Springdale variance packet — original pdf

Backup

ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: April 21, 2021 NAME & NUMBER OF PROJECT: NAME OF APPLICANT OR ORGANIZATION: 1076 Springdale; SP-2019-0385C Brad Lingvai, WGI Engineering LOCATION: 1076 Springdale Rd., Austin, TX, 78721 COUNCIL DISTRICT: District # 1 ENVIRONMENTAL REVIEW STAFF: WATERSHED: REQUEST: STAFF RECOMMENDATION: STAFF CONDITION: Hank Marley, Environmental Review Specialist Senior, Development Services Department, 512-974-2067, hank.marley@austintexas.gov Tannehill Branch Watershed, Urban, Desired Development Zone Variance request is as follows: Request to vary from LDC 25-8-261 to allow development inside the Critical Water Quality Zone. Staff recommends this variance, having determined the findings of fact to have been met. All landscape areas and any areas disturbed during construction to be planted with native species to the Central Texas region, to be selected from the City of Austin Grow Green Manual.  Development Services Department Staff Recommendations Concerning Required Findings Project Name: 1076 Springdale; SP-2019-0385C Ordinance Standard: Watershed Protection Ordinance Variance Request: To allow development inside the Critical Water Quality Zone (LDC 25-8-261). 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. Yes The site is a corner lot located at the intersection of Oak Springs Dr. and 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. Springdale Rd. and proposes driveway connections to both urban roadways, which is comparable to many corner lot developments. The majority of the parcel’s frontage along Oak Springs lies with a Critical Water Quality Zone (CWQZ) (Figure 1), which coincides with the 100-year floodplain. The portion of the CWQZ that would be disturbed with the proposed driveway consists of mowed vegetation and is devoid of riparian habitat (Figure 2). The driveway connection proposes to disturb 475 square feet of CWQZ out of the 32,000-SF of CWQZ located on site. There are numerous driveways within the vicinity of this site that disturb similar square footage amounts or more within the CWQZ. 2. The variance: a) Yes 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; A driveway connection to Oak Springs is a reasonable request as it would be difficult for drivers to turn left to head north onto Springdale in this area. Also, the proposed location of the driveway is the only feasible location along Oak Springs Dr. due to Subchapter E – Building Placement Requirements (corner lots and building net frontage to an urban roadway), transportation requirements for driveway location proximities to an intersection, and an existing Capital Metro bus stop. Furthermore, this location also happens to be the narrowest section of  b) Yes c) Yes CWQZ located along the northern perimeter of the property, thus, proposing the least amount of disturbance to the CWQZ. Moreover, the natural existing drainage area that flowed into this section of CWQZ and spilled into the ROW will be captured and diverted to a bio-filtration rain garden water quality treatment pond and will ultimately provide greater overall environmental protection than is achievable without the variance. Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; The location of the proposed driveway along Oak Springs Dr. is dictated by the Subchapter E – Building Placement Requirements and transportation requirements previously mentioned. The proposal to disturb 475-SF of CWQZ out of the 32,000-SF is the minimum deviation from code requirements necessary to construct the driveway. It’s also important to note that while the driveway is not directly located in a center or corridor as identified on the growth concept map of the Imagine Austin Comprehensive Plan – which would allow the driveway in its current proposed configuration – the perimeter of the site located along Springdale Rd. is located along a corridor. Does not create a significant probability of harmful environmental consequences. The area that drains stormwater to the section of CWQZ proposed to be disturbed by the driveway connection, currently drains over the sidewalk into the roadway and then enters the nearby storm inlet that drains directly into the creek. The proposed development plans to capture this drainage area and divert it to the biofiltration rain garden water quality treatment pond. Therefore, the variance does not create a significant probability of harmful environmental consequences and will instead treat stormwater that is currently untreated. Additionally, the driveway is proposed to be constructed in a mown lawn area devoid of riparian habitat. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes The area that drains to this section of CWQZ will be captured and treated by the biofiltration rain garden water quality treatment pond, which will result in water quality that is greater than water quality achievable without the variance. 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:: 3. 1. The criteria for granting a variance in Subsection (A) are met; Yes The findings of fact in Subsection A are met. 2. The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; Yes Commercial development proposing to develop a corner lot typically require at least two driveways for traffic conveyance. Disallowing the driveway connection to Oak Springs Drive would prevent equitable access to both roadways and would concentrate all traffic to a single driveway on Springdale Road. Proposing an additional driveway along Springdale Road isn’t an option either due to Subchapter – E Building Placement Requirements (net frontage area), water quality pond location, heritage tree preservation and minimum distance requirements between two driveways servicing a single development located on a Primary Collector Roadway. Therefore, staff has determined that denying the variance request would prevent a reasonable economic use of the entire property. 3. The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. Yes The variance is the minimum deviation from code when considering that the proposed driveway will only disturb 475-SF out of the approximately 32,000- SF of CWQZ located on the property. The 475-SF area in question does not contain typical characteristics of a stream buffer as described in the ECM and it will be tying into a long-established roadway that is entirely located within the CWQZ at that location. Staff Determination: Staff determines that the findings of fact have been met. Staff recommends the following conditions:  All landscape areas and any areas disturbed during construction to be planted with native species to the Central Texas region, to be selected from the City of Austin Grow Green Manual. Environmental Reviewer (DSD) _____________________________ (Hank Marley) Managing Engineer (DSD) _____________________________ (Elizabeth Robinson) Deputy Environmental Officer (WPD) _____________________________ (Liz Johnston) Hank Marley Elizabeth Robinson Figure 1  Figure 2