Environmental CommissionApril 6, 2022

20220406-003b: Travis County ESD #4 Fire Station Parking Lot Improvements, SP-2020-0255DS variance packet — original pdf

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ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: April 6, 2022 NAME & NUMBER OF PROJECT: Travis County ESD #4 Fire Station Parking Lot Improvements NAME OF APPLICANT OR ORGANIZATION: Travis County ESD #4 LOCATION: 4200 City Park Rd COUNCIL DISTRICT: District 10 ENVIRONMENTAL REVIEW STAFF: Mike McDougal, Environmental Policy Program Manager Development Services Department 512-974-6380 mike.mcdougal@austintexas.gov WATERSHED: REQUEST NO. 1: REQUEST NO. 2: REQUEST NO. 3: REQUEST NO. 4: Turkey Creek Watershed, Water Supply Rural, Drinking Water Protection Zone A Land Use Commission variance is requested to construct a driveway on slopes over 15% per LDC 25-8-301(A)(1) A Land Use Commission variance is requested to construct a parking lot on slopes over 15% per LDC 25-8-302(A)(2) A Land Use Commission variance is requested to allow fill over 4 feet per LDC 25-8-342 A Land Use Commission variance is requested to allow an impervious cover of 27.5% net site area per LDC 25-8-453 STAFF RECOMMENDATION NO. 1: STAFF RECOMMENDATION NO. 2: STAFF RECOMMENDATION NO. 3: STAFF RECOMMENDATION NO. 4: Staff recommends approval of the variance with the conditions Staff recommends approval of the variance with the conditions Staff recommends approval of the variance with the conditions Staff does not recommend approval of the variance Page 2 of 2 Development Services Department Staff Recommendations Concerning Required Findings Project Name: Ordinance Standard: Watershed Protection Ordinance Variance Request: Travis County ESD #4 Fire Station Parking Lot Improvements A Land Use Commission variance is requested to construct a driveway on slopes over 15% per LDC 25-8-301(A)(1) 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 – Fire stations must provide sufficient parking for firefighters and other staff. More parking is required based on increased staffing requirements. Population growth and development necessitate more staff. Additionally, Travis County signed a contract with COA for City firefighters to staff the fire station. The City of Austin requires a 4 person minimum staffing level. Historically, staffing levels were 2 to 3 people. The configuration of the existing development does not allow for more parking to be provided without the construction of a driveway on slopes over 15%. 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 – Additional staffing requirements necessitate additional parking. Currently, fire station staff are parking on and adjacent to the right of way. This is unsafe and technically, not compliant with environmental regulations. The configuration of the existing development does not allow for additional parking to be provided without the construction of a driveway on slopes over 15%. The proposed driveway does not represent a design decision. Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; b) 3. 1. 2. 3. c) Yes – the proposed driveway represents the minimum deviation from Code necessary to allow a use of the fire station as required by COA staffing requirements. Does not create a significant probability of harmful environmental consequences. Yes – The proposed driveway does not create a significant probability of harmful environmental consequences. The proposed driveway construction on slopes will have erosion / sedimentation control in compliance with Code and Criteria. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes – The proposed driveway would allow for stabilized parking. The parking area will not generate sediment. In contrast, the roadside parking is not stabilized and continually discharges sediment. The proposed parking will replace the roadside parking. 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:: The criteria for granting a variance in Subsection (A) are met; N/A The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; N/A The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. N/A Staff Determination: Staff determines that the findings of fact have been met. Staff recommends approval of the variance with the following conditions: 1. The applicant will provide vegetative filter strips downslope of the development that will provide a diffuse flow to avoid creating downslope erosion. 2. The applicant will provide structural fill to contain the fill during construction. 3. The applicant will decompact and revegetate the areas adjacent to the ROW that have been used for parking. 4. The site will provide a 40% downstream natural area to treat runoff from impervious cover. Environmental Reviewer (DSD) Environmental Review Manager (DSD) Environmental Officer (WPD) _____________________________ Mike McDougal _____________________________ Mike McDougal _____________________________ (Liz Johnston) Date 2-15-22 Date 2-15-22 Date 02-22-2022 Development Services Department Staff Recommendations Concerning Required Findings Project Name: Ordinance Standard: Watershed Protection Ordinance Variance Request: Travis County ESD #4 Fire Station Parking Lot Improvements A Land Use Commission variance is requested to construct a parking lot on slopes over 15% per LDC 25-8-302(A)(2) 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 – Fire stations must provide sufficient parking for firefighters and other staff. More parking is required based on increased staffing requirements. Population growth and development necessitate more staff. Additionally, Travis County signed a contract with COA for City firefighters to staff the fire station. The City of Austin requires a 4 person minimum staffing level. Historically, staffing levels were 2 to 3 people. The configuration of the existing development does not allow for more parking to be provided on slopes less than 15%. 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 – Additional staffing requirements necessitate additional parking. Currently, fire station staff are parking on and adjacent to the right of way. This is unsafe and technically, not compliant with environmental regulations. The configuration of the existing development does not allow for additional Code compliant parking to be constructed (i.e., parking on slopes less than 15%). The proposed parking does not represent a design decision. Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; b) 3. 1. 2. 3. c) Yes – the proposed parking represents the minimum deviation from Code necessary to allow a use of the fire station as required by COA staffing requirements. Does not create a significant probability of harmful environmental consequences. Yes – The proposed parking does not create a significant probability of harmful environmental consequences. The proposed parking construction on slopes will have erosion / sedimentation control in compliance with Code and Criteria. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes – The proposed driveway would allow for stabilized parking. The parking area will not generate sediment. In contrast, the roadside parking is not stabilized and continually discharges sediment. The proposed parking will replace the roadside parking. 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:: The criteria for granting a variance in Subsection (A) are met; N/A The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; N/A The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. N/A Staff Determination: Staff determines that the findings of fact have been met. Staff recommends approval of the variance with the following conditions: 1. The applicant will provide vegetative filter strips downslope of the development that will provide a diffuse flow to avoid creating downslope erosion. 2. The applicant will provide structural fill to contain the fill during construction. 3. The applicant will decompact and revegetate the areas adjacent to the ROW that have been used for parking. 4. The site will provide a 40% downstream natural area to treat runoff from impervious cover. Environmental Reviewer (DSD) Environmental Review Manager (DSD) Deputy Environmental Officer (WPD) _____________________________ Mike McDougal _____________________________ Mike McDougal _____________________________ (Liz Johnston) Date 2-15-22 Date 2-15-22 Date 02/22/2022 Development Services Department Staff Recommendations Concerning Required Findings Project Name: Ordinance Standard: Watershed Protection Ordinance Variance Request: Travis County ESD #4 Fire Station Parking Lot Improvements A Land Use Commission variance is requested to allow fill over 4 feet per LDC 25-8-342 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 – Fire stations must provide sufficient parking for firefighters and other staff. More parking is required based on increased staffing requirements. Population growth and development necessitate more staff. Additionally, Travis County signed a contract with COA for City firefighters to staff the fire station. The City of Austin requires a 4 person minimum staffing level. Historically, staffing levels were 2 to 3 people. The configuration of the existing development does not allow for driveway and parking construction without fill over 4 feet. 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 – Additional staffing requirements necessitate additional parking. Currently, fire station staff are parking on and adjacent to the right of way. This is unsafe and technically, not compliant with environmental regulations. The configuration of the existing development does not allow for the construction of parking and a driveway within the 4 foot grading limit. The proposed driveway and parking do not represent a design decision. Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; b) 3. 1. 2. 3. c) Yes – the proposed parking and driveway represent the minimum deviation from Code necessary to allow a use of the fire station as required by COA staffing requirements. Does not create a significant probability of harmful environmental consequences. Yes – The proposed parking does not create a significant probability of harmful environmental consequences. The proposed fill will have structural containment and erosion / sedimentation control will be installed prior to construction activities. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes – The proposed driveway would allow for stabilized parking. The parking area will not generate sediment. In contrast, the roadside parking is not stabilized and continually discharges sediment. The proposed parking will replace the roadside parking. 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:: The criteria for granting a variance in Subsection (A) are met; N/A The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; N/A The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. N/A Staff Determination: Staff determines that the findings of fact have been met. Staff recommends approval of the variance with the following conditions: 1. The applicant will provide vegetative filter strips downslope of the development that will provide a diffuse flow to avoid creating downslope erosion. 2. The applicant will provide structural fill to contain the fill during construction. 3. The applicant will decompact and revegetate the areas adjacent to the ROW that have been used for parking. 4. The site will provide a 40% downstream natural area to treat runoff from impervious cover. Environmental Reviewer (DSD) Environmental Review Manager (DSD) Environmental Officer (WPD) _____________________________ Mike McDougal _____________________________ Mike McDougal _____________________________ (Liz Johnston) Date 2-15-22 Date 2-15-22 Date 02-22-2022 Development Services Department Staff Recommendations Concerning Required Findings Project Name: Ordinance Standard: Watershed Protection Ordinance Variance Request: Travis County ESD #4 Fire Station Parking Lot Improvements A Land Use Commission variance is requested to allow impervious cover of 27.5% net site area (this is beyond the 20% net site area limit) per LDC 25-8-453 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 – Fire stations must provide sufficient parking for firefighters and other staff. More parking is required based on increased staffing requirements. Population growth and development necessitate more staff. Additionally, Travis County signed a contract with COA for City firefighters to staff the fire station. The City of Austin requires a 4 person minimum staffing level. Historically, staffing levels were 2 to 3 people. The configuration of the existing development does not allow for more parking to be provided without exceeding the watershed impervious cover limit. 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 – Additional staffing requirements necessitate additional parking. Currently, fire station staff are parking on and adjacent to the right of way. This is unsafe and technically, not compliant with environmental regulations. The configuration of the existing development and the design requirements of the fire station do not allow for the construction of parking and a driveway within the watershed impervious cover limit. The proposed driveway and parking do not represent a design decision. 3. 1. 2. 3. Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; Yes – the proposed parking and driveway represent the minimum deviation from Code necessary to allow a use of the fire station as required by COA staffing requirements. Does not create a significant probability of harmful environmental consequences. b) c) No – Impervious cover represents a harmful environmental consequence to water quality. Increasing impervious cover does create a significant probability of harmful environmental consequences. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. No – Water quality degrades as impervious cover increases. Additional water quality control measures would be provided to help offset the proposed impervious cover; however no water quality measure is expected to be 100% effective. 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:: The criteria for granting a variance in Subsection (A) are met; N/A The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; N/A The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. N/A Staff Determination: Staff determines that the findings of fact have not been met. In the event that the variance is approved, Staff recommends the following conditions: 1. The applicant will provide vegetative filter strips downslope of the development that will provide a diffuse flow to avoid creating downslope erosion. 2. The applicant will provide structural fill to contain the fill during construction. 3. The applicant will decompact and revegetate the areas adjacent to the ROW that have been used for parking. 4. The site will provide a 40% downstream natural area to treat runoff from impervious cover. Environmental Reviewer (DSD) Environmental Review Manager (DSD) Deputy Environmental Officer (WPD) _____________________________ Mike McDougal _____________________________ Mike McDougal _____________________________ (Liz Johnston) Date 2-15-22 Date 2-15-22 Date 02-22-2022 March 7, 2022 Name of Applicant Street Address City State ZIP Code Work Phone E-Mail Address Case Name Case Number Address or Location ENVIRONMENTAL COMMISSION VARIANCE APPLICATION FORM PROJECT DESCRIPTION Applicant Contact Information KSA Engineers – Grayson Cox 4833 Spicewood Springs Rd 78759 5123426868 gcox@ksaeng.com SP-2020-0255DS 4200 City Park Rd Environmental Reviewer Name Mike McDougal Environmental Resource Management Reviewer Name Variance Case Information Environmental Variance Requests for Travis County ESD #4 Applicable Ordinance A Land Use Commission variance will be required to construct a driveway on slopes over 15% per LDC 25-8-301(A)(1). Watershed Name Turkey Creek Watershed Classification ☐Urban ☐ Suburban ☐Water Supply Suburban ☐Water Supply Rural ☐ Barton Springs Zone Edwards Aquifer Recharge Zone ☐ Barton Springs Segment ☐ Northern Edwards Segment ☐ Not in Edwards Aquifer Zones City of Austin | Environmental Commission Variance Application Guide 1 March 7, 2022 Edwards Aquifer Contributing Zone ☐ Yes ☐ No Distance to Nearest Classified Waterway 1.05 miles Water and Waste Water service to be provided by Austin Water Utility Request The variance request is to allow for building a driveway on slopes greater than 15%, as opposed to LDC 25-8-301(A)(1). Impervious cover square footage: acreage: percentage: Existing 5492 0.13 19.0% Proposed (Cumulative) 7999 0.185 27.7% 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) • 0.9894 Acres of land out of the Charles Clark Survey 703, Abstract 192. • Located in the Turkey Creek Watershed, classified as Water Supply Rural. • The project is not located within a 100-year floodplain nor over the Edwards Aquifer Recharge Zone. • 22 trees are located on-site. • The site contains various slope ranges. 40% of the site’s slopes exceed 15%. Clearly indicate in what way the proposed project does not comply with current Code (include maps and exhibits) LDC 25-8-301(A)(1) limits the amount of construction on slopes greater than 15%. Nevertheless, as shown in the grading exhibit provided, the property size restricts design options greatly. A variance was previously granted for the fire station building and driveway to be constructed on 15%+ slopes. The variance is required to provide sufficient parking for AFD firefighters and other TCES staff. FINDINGS OF FACT City of Austin | Environmental Commission Variance Application Guide 2 March 7, 2022 A. 1. 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: Travis County ESD #4 Fire Station Parking Lot Improvements (SP-2020-0255DS) Ordinance: LDC 25-8-301(A). 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 [provide summary of justification for determination] • Justification: fire stations across the Austin area provide sufficient parking for AFD firefighters and other staff. This fire station requires additional parking to provide this basic safety and operational feature for the fire station and allow for continued emergency services from the fire station. 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; b) c) Yes / No [provide summary of justification for determination] • Justification: The variance is necessary, as observed in the calculations attached (See Grading Exhibit, Appendix Q-2 Table) Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; Yes / No [provide summary justification for determination] • Justification: Even though more parking spaces would be preferred, the design limited the number of spaces and size of the parking lot to the minimum required to minimize the impacts to the site and extend of variances required. Does not create a significant probability of harmful environmental consequences. Yes / No [provide summary justification for determination] • Justification: The site is not located within a 100-year floodplain or within the Edwards Aquifer Recharge Zone. Moreover, the small project area relative to the overall site and larger environmental region makes the impact of the proposed construction insignificant. City of Austin | Environmental Commission Variance Application Guide 3 March 7, 2022 3. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes / No [provide summary justification for determination] • Justification: The design does not significantly alter water quality. In fact, as shown in the drainage area map, the development will cause the flow rate across the site to increase by only approximately 0.5 cfs. However, this small increase in flow rate is mitigated by designing the small parking lot to detain storm water flows and provide a controlled release that matches the pre-existing flow rate The proposed construction falls under the LDC requirement for new water quality facilities. Water flowing across the property remains generally overland sheet flow per its preexisting condition. 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): 1. 2. The criteria for granting a variance in Subsection (A) are met; Yes / No [provide summary of justification for determination] • Justification: The project is not located in a Water Quality Transition Zone The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; Yes / No [provide summary of justification for determination] • Justification: The lot has been sized to accommodate 5 vehicles and cannot be reduced to meet the requirement. The improvement is necessary to provide safe parking for AFD firefighters, TCES staff, and visitors—current capacity forces drivers to park on the street, which is hazardous to both the first responders working at the fire station and the traveling public due to limited visibility and right-of-way on City Park Road. 3. The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. Yes / No [provide summary of justification for determination] • Justification: As shown in the grading exhibit, the property size restricts design options. No design alternatives would fit on site, outside of the 15%+ slope range. **Variance approval requires all above affirmative findings. City of Austin | Environmental Commission Variance Application Guide 4 B. March 7, 2022 Name of Applicant Street Address City State ZIP Code Work Phone E-Mail Address Case Name Case Number Address or Location ENVIRONMENTAL COMMISSION VARIANCE APPLICATION FORM PROJECT DESCRIPTION Applicant Contact Information KSA Engineers – Grayson Cox 4833 Spicewood Springs Rd 78759 5123426868 gcox@ksaeng.com SP-2020-0255DS 4200 City Park Rd Variance Case Information Environmental Variance Requests for Travis County ESD #4 Environmental Reviewer Name Mike McDougal Environmental Resource Management Reviewer Name Applicable Ordinance Land Use Commission variances will be required to construct a parking area on slopes over 15% per LDC 25-8-302(A)(2) Watershed Name Turkey Creek Watershed Classification ☐Urban ☐ Suburban ☐Water Supply Suburban ☐Water Supply Rural ☐ Barton Springs Zone Edwards Aquifer Recharge Zone ☐ Barton Springs Segment ☐ Northern Edwards Segment ☐ Not in Edwards Aquifer Zones City of Austin | Environmental Commission Variance Application Guide 1 March 7, 2022 Edwards Aquifer Contributing Zone ☐ Yes ☐ No Distance to Nearest Classified Waterway 1.05 miles Water and Waste Water service to be provided by Austin Water Utility Request The variance request is to allow for construction of a parking area on slopes greater than 15%, as opposed to LDC 25-8-302(A)(2). Impervious cover square footage: acreage: percentage: Existing 5492 0.13 19.0% Proposed (Cumulative) 7999 0.185 27.7% 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) • 0.9894 Acres of land out of the Charles Clark Survey 703, Abstract 192. • Located in the Turkey Creek Watershed, classified as Water Supply Rural. • The project is not located within a 100-year floodplain nor over the Edwards Aquifer Recharge Zone. • 22 trees are located on-site. • The site contains various slope ranges. 40% of the site’s slopes exceed 15%. Clearly indicate in what way the proposed project does not comply with current Code (include maps and exhibits) LDC 25-8-302(A)(2) limits the amount of construction on slopes greater than 15%. Nevertheless, as shown in the grading exhibit, the property size restricts design options greatly. A variance was previously provided for the fire station building and driveway to be constructed on 15%+ slopes. The new variance is required to provide sufficient parking for AFD firefighters and other TCES staff. FINDINGS OF FACT City of Austin | Environmental Commission Variance Application Guide 2 March 7, 2022 A. 1. 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: Travis County ESD #4 Fire Station Parking Lot Improvements (SP-2020-0255DS ) Ordinance: LDC 25-8-302(A)(2) 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 [provide summary of justification for determination] • Justification: fire stations across the Austin area provide sufficient parking for AFD firefighters and other staff. This fire station requires additional parking to provide this basic safety and operational feature for the fire station and allow for continued emergency services from the fire station. 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; b) c) Yes / No [provide summary of justification for determination] • Justification: The variance is necessary, as observed in the calculations attached (See Grading Exhibit, Appendix Q-2 Table) Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; Yes / No [provide summary justification for determination] • Justification: Even though more parking spaces would be preferred, the design limited the number of spaces and size of the parking lot to the minimum required to minimize the impacts to the site and extend of variances required. Does not create a significant probability of harmful environmental consequences. Yes / No [provide summary justification for determination] • Justification: The site is not located within a 100-year floodplain or within the Edwards Aquifer Recharge Zone. Moreover, the small project area relative to the overall site and larger environmental region makes the impact of the proposed construction insignificant. City of Austin | Environmental Commission Variance Application Guide 3 March 7, 2022 3. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes / No [provide summary justification for determination] • Justification: The design does not significantly alter water quality. In fact, as shown in the drainage area map, the development will cause the flow rate across the site to increase by only approximately 0.5 cfs. However, this small increase in flow rate is mitigated by designing the small parking lot to detain storm water flows and provide a controlled release that matches the pre-existing flow rate The proposed construction falls under the LDC requirement for new water quality facilities. Water flowing across the property remains generally overland sheet flow per its preexisting condition. 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): 1. 2. The criteria for granting a variance in Subsection (A) are met; Yes / No [provide summary of justification for determination] • Justification: The project is not located in a Water Quality Transition Zone The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; Yes / No [provide summary of justification for determination] • Justification: The lot has been sized to accommodate 5 vehicles and cannot be reduced to meet the requirement. The improvement is necessary to provide safe parking for AFD firefighters, TCES staff, and visitors—current capacity forces drivers to park on the street, which is hazardous to both the first responders working at the fire station and the traveling public due to limited visibility and right-of-way on City Park Road. 3. The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. Yes / No [provide summary of justification for determination] • Justification: As shown in the grading exhibit, the property size restricts design options. No design alternatives would fit on site, outside of the 15%+ slope range. **Variance approval requires all above affirmative findings. City of Austin | Environmental Commission Variance Application Guide 4 B. March 7, 2022 Name of Applicant Street Address City State ZIP Code Work Phone E-Mail Address Case Name Case Number Address or Location ENVIRONMENTAL COMMISSION VARIANCE APPLICATION FORM PROJECT DESCRIPTION Applicant Contact Information KSA Engineers – Grayson Cox 4833 Spicewood Springs Rd 78759 5123426868 gcox@ksaeng.com SP-2020-0255DS 4200 City Park Rd Variance Case Information Environmental Variance Requests for Travis County ESD #4 Environmental Reviewer Name Mike McDougal Environmental Resource Management Reviewer Name Applicable Ordinance Land Use Commission variances will be required to fill deeper than 4 ft per LDC 25-8-342. Watershed Name Turkey Creek Watershed Classification ☐Urban ☐ Suburban ☐Water Supply Suburban ☐Water Supply Rural ☐ Barton Springs Zone Edwards Aquifer Recharge Zone ☐ Barton Springs Segment ☐ Northern Edwards Segment ☐ Not in Edwards Aquifer Zones City of Austin | Environmental Commission Variance Application Guide 1 March 7, 2022 Edwards Aquifer Contributing Zone ☐ Yes ☐ No Distance to Nearest Classified Waterway 1.05 miles Water and Waste Water service to be provided by Austin Water Utility Request The project will require over 4 feet of fill instead of the <4 feet requirement per LDC 25-8-342 Impervious cover square footage: acreage: percentage: Existing 5492 0.13 19.0% Proposed (Cumulative) 7999 0.185 27.7% 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) • 0.9894 Acres of land out of the Charles Clark Survey 703, Abstract 192. • Located in the Turkey Creek Watershed, classified as Water Supply Rural. • The project is not located within a 100-year floodplain nor over the Edwards Aquifer Recharge Zone. • 22 trees are located on-site. • The site contains various slope ranges. 40% of the site’s slopes exceed 15%. Clearly indicate in what way the proposed project does not comply with current Code (include maps and exhibits) LDC 25-8-342 limit the amount of fill allowed on site. Our design model shows, however, that the amount of cut delineated in our Grading Exhibit (See 06 Grading) is necessary to provide a flat parking area, while tying to existing ground at a minimal slope within property limits. The amount of cut is also necessary for detention purposes. The parking lot must be able to detain water to mitigate the negative effects of increasing the amount of impervious cover on site. FINDINGS OF FACT City of Austin | Environmental Commission Variance Application Guide 2 March 7, 2022 A. 1. As required in LDC Section 25-8-342, 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: Travis County ESD #4 Fire Station Parking Lot Improvements (SP-2020-0255DS) Ordinance: LDC 25-8-342 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 [provide summary of justification for determination] • Justification: fire stations across the Austin area provide sufficient parking for AFD firefighters and other staff. This fire station requires additional parking to provide this basic safety and operational feature for the fire station and allow for continued emergency services from the fire station. 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; b) c) Yes / No [provide summary of justification for determination] • Justification: The variance is necessary, as observed in the calculations attached (See Grading Exhibit, Appendix Q-2 Table) Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; Yes / No [provide summary justification for determination] • Justification: Even though more parking spaces would be preferred, the design limited the number of spaces and size of the parking lot to the minimum required to minimize the impacts to the site and extend of variances required. Does not create a significant probability of harmful environmental consequences. Yes / No [provide summary justification for determination] • Justification: The site is not located within a 100-year floodplain or within the Edwards Aquifer Recharge Zone. Moreover, the small project area relative to the overall site and larger environmental region makes the impact of the proposed construction insignificant. City of Austin | Environmental Commission Variance Application Guide 3 March 7, 2022 3. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes / No [provide summary justification for determination] • Justification: The design does not significantly alter water quality. In fact, as shown in the drainage area map, the development will cause the flow rate across the site to increase by only approximately 0.5 cfs. However, this small increase in flow rate is mitigated by designing the small parking lot to detain storm water flows and provide a controlled release that matches the pre-existing flow rate The proposed construction falls under the LDC requirement for new water quality facilities. Water flowing across the property remains generally overland sheet flow per its preexisting condition. 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): 1. 2. The criteria for granting a variance in Subsection (A) are met; Yes / No [provide summary of justification for determination] • Justification: The project is not located in a Water Quality Transition Zone The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; Yes / No [provide summary of justification for determination] • Justification: The lot has been sized to accommodate 5 vehicles and cannot be reduced to meet the requirement. The improvement is necessary to provide safe parking for AFD firefighters, TCES staff, and visitors—current capacity forces drivers to park on the street, which is hazardous to both the first responders working at the fire station and the traveling public due to limited visibility and right-of-way on City Park Road. 3. The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. Yes / No [provide summary of justification for determination] • Justification: The amount of cut delineated in our Grading Exhibit (See 06 Grading) is necessary to provide a flat parking area and for detention purposes. The parking lot must be able to detain water to mitigate the negative effects of increasing the amount of impervious cover on site. **Variance approval requires all above affirmative findings. City of Austin | Environmental Commission Variance Application Guide 4 B. March 7, 2022 Name of Applicant Street Address City State ZIP Code Work Phone E-Mail Address Case Name Case Number Address or Location ENVIRONMENTAL COMMISSION VARIANCE APPLICATION FORM PROJECT DESCRIPTION Applicant Contact Information KSA Engineers – Grayson Cox 4833 Spicewood Springs Rd 78759 5123426868 gcox@ksaeng.com SP-2020-0255DS 4200 City Park Rd Environmental Reviewer Name Mike McDougal Environmental Resource Management Reviewer Name Variance Case Information Environmental Variance Requests for Travis County ESD #4 Applicable Ordinance Land Use Commission variances will be required to increase the amount of impervious cover to more than 20% of the net site area, per LDC 25-8-453(D). Watershed Name Turkey Creek Watershed Classification ☐Urban ☐ Suburban ☐Water Supply Suburban ☐Water Supply Rural ☐ Barton Springs Zone City of Austin | Environmental Commission Variance Application Guide 1 Edwards Aquifer Recharge Zone ☐ Barton Springs Segment ☐ Northern Edwards Segment ☐ Not in Edwards Aquifer Zones March 7, 2022 Edwards Aquifer Contributing Zone ☐ Yes ☐ No Distance to Nearest Classified Waterway 1.05 miles Water and Waste Water service to be provided by Austin Water Utility Request Impervious cover square footage: acreage: percentage: Existing 5492 0.13 19.0% The project will require a total 27.5% impervious cover instead of 20% of net site area, as required by LDC 25-8-453(D) Proposed (Cumulative) 7999 0.185 27.7% 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) • 0.9894 Acres of land out of the Charles Clark Survey 703, Abstract 192. • Located in the Turkey Creek Watershed, classified as Water Supply Rural. • The project is not located within a 100-year floodplain nor over the Edwards Aquifer Recharge Zone. • 22 trees are located on-site. • The site contains various slope ranges. 40% of the site’s slopes exceed 15%. Clearly indicate in what way the proposed project does not comply with current Code (include maps and exhibits) LDC 25-8-453(D) requires the impervious cover on site to be 20% of the net site area. However, an onsite septic drain field reduces the net site area and results in a total 27.5% impervious cover. The lot has been sized to accommodate 5 vehicles and cannot be reduced to meet the requirement. The improvement is necessary to provide safe and efficient City of Austin | Environmental Commission Variance Application Guide 2 March 7, 2022 FINDINGS OF FACT parking for AFD firefighters, TCES staff, and visitors—current capacity forces drivers to park on the street, which poses an evident hazard due to heavy vegetation and limited visibility around the site. 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: Travis County ESD #4 Fire Station Parking Lot Improvements (SP-2020-0255DS ) Ordinance: LDC 25-8-453, LDC 25-8-341 & 342, LDC 25-8-302(A)(2), LDC 25-8-301(A). Land Use Commission variance determinations from Chapter 25-8-41 of the City Code: 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. Yes / No [provide summary of justification for determination] • Justification: fire stations across the Austin area provide sufficient parking for AFD firefighters and other staff. This fire station requires additional parking to provide this basic safety and operational feature for the fire station and allow for continued emergency services from the fire station. 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; b) Yes / No [provide summary of justification for determination] • Justification: The variance is necessary due to limited space. The proposed parking lot is designed to use up minimal space, while providing safe parking to AFD firefighters and TCES staff. Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; Yes / No [provide summary justification for determination] • Justification: Even though more parking spaces would be preferred, the design limited the number of spaces and size of the parking lot to the minimum required to minimize the impacts to the site and extend of variances required. City of Austin | Environmental Commission Variance Application Guide 3 March 7, 2022 c) Does not create a significant probability of harmful environmental consequences. Yes / No [provide summary justification for determination] • Justification: The site is not located within a 100-year floodplain or within the Edwards Aquifer Recharge Zone. Moreover, the small project area relative to the overall site and larger environmental region makes the impact of the proposed construction insignificant. 3. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes / No [provide summary justification for determination] • Justification: The design does not significantly alter water quality. In fact, as shown in the drainage area map, the development will cause the flow rate across the site to increase by only approximately 0.5 cfs. However, this small increase in flow rate is mitigated by designing the small parking lot to detain storm water flows and provide a controlled release that matches the pre-existing flow rate The proposed construction falls under the LDC requirement for new water quality facilities. Water flowing across the property remains generally overland sheet flow per its preexisting condition. 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): 1. 2. The criteria for granting a variance in Subsection (A) are met; Yes / No [provide summary of justification for determination] • Justification: The project is not located in a Water Quality Transition Zone The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; Yes / No [provide summary of justification for determination] • Justification: The lot has been sized to accommodate 5 vehicles and cannot be reduced to meet the requirement. The improvement is necessary to provide safe parking for AFD firefighters, TCES staff, and visitors—current capacity forces drivers to park on the street, which is hazardous to both the first responders working at the fire station and the traveling public due to limited visibility and right-of-way on City Park Road. 3. The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. City of Austin | Environmental Commission Variance Application Guide 4 B. March 7, 2022 Yes / No [provide summary of justification for determination] • Justification: As shown in the grading exhibit, the property size restricts design options. The design cannot be reduced in size to comply with the requirement. **Variance approval requires all above affirmative findings. City of Austin | Environmental Commission Variance Application Guide 5