Environmental CommissionJune 1, 2022

20220601-003c: 8020 Parmer Lane C8J-2021-0141.0A variance packet part 1 of 2 — original pdf

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ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: June 1, 2022 NAME & NUMBER OF PROJECT: 8020 Parmer Lane SH 130 NW C8J-2021-0141.0A NAME OF APPLICANT OR ORGANIZATION: Pape-Dawson Engineers, Travis Moltz LOCATION: 8106 E PARMER LN, Manor, TX 78653 COUNCIL DISTRICT: Council District does not apply in Extraterritorial Jurisdiction ENVIRONMENTAL REVIEW STAFF: Pamela Abee-Taulli, Environmental Program Coordinator Development Services Department Pamela.abee-taulli@austintexas.gov, 512.974.1879 WATERSHED: REQUEST: Gilleland Creek and Harris Branch Creek Watersheds, Suburban Classification, Desired Development Zone Variance request is as follows: 1. Request to vary from LDC 30-5-341 to allow fill over 4 feet to 15 feet. 2. Request to vary from 30-5-261(G) modification in a critical water quality zone buffer. to allow floodplain STAFF RECOMMENDATION: Staff recommends this variance, having determined the findings of fact to have been met. STAFF CONDITION: Staff recommends the following conditions: 1. The applicant will pay into the Riparian Zone Mitigation Fund for both the area of Zone 1 (Floodplain outside of the CWQZ) and the area of Zone 2 (Floodplain within the CWQZ) using the appropriate ratios per ECM 1.7.6. 2. Development of the site will be carried out as described in Exhibits 1-6, attached in the staff variance packet. Page 1 of 46 Development Services Department Staff Recommendations Concerning Required Findings Project Name: Ordinance Standard: Watershed Protection Ordinance Variance Request: 8020 Parmer Lane SH 130 NW Request to vary from LDC 30-5-341 to allow fill over 4 feet to 15. Include an explanation with each applicable finding of fact. A. City Code: 1. Land Use Commission variance determinations from Chapter 25-8-41 of the 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 Two roads border the site, SH 130 and Parmer Ln. SH 130 cannot be used for access, because there is a Restriction of Access recorded for SH 130, which TxDOT will not support lifting or modifying for a full access driveway. Regarding Parmer Ln., the entirety of the Parmer Ln. frontage is located within floodplain and creek buffer. In addition, access is blocked by wetlands. Variances have been granted in similarly restrictive circumstances to allow necessary access to a site. The fill variance is required in order for the applicant to access the site with a bridge spanning wetlands, floodplain, and creek buffer. 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 a design decision by the applicant, but by the need to access the site across a Page 2 of 46 3. 1. floodplain. The only option for access to the property is to build a bridge crossing over the existing waterway, a tributary to Gilleland Creek, on the southern portion of the site. The proposed fill is the minimum necessary to build the bridge so that the low chord of the bridge is two feet above the 100-year water surface elevation of the 100-year floodplain, as required by code for safe access. Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; Yes The variance for fill is the minimum necessary to build the bridge to a height that will allow safe access to the site across the floodplain. Does not create a significant probability of harmful environmental consequences. Yes A flood study has been completed and reviewed by the City of Austin to prove no adverse impact to other properties. The bridge piers have been placed to minimize the impact to the waterway and existing wetland CEFs. Existing impervious cover in the CEF and CWQZ will be removed, and a CEF mitigation and floodplain mitigation plan has been proposed and reviewed by City of Austin staff. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes Full water quality treatment for the proposed impervious cover on site will be provided with the site plan. Water Quality treatment will be provided at the full measure required by the code. b) c) 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; Yes The criteria for granting the variance are met. Page 3 of 46 2. 3. The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; Yes The property is not accessible without building a bridge to the proposed height, which requires the fill that needs the variance. The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. Yes The proposed fill is the minimum necessary to build the bridge to access the property. Staff Determination: Staff determines that the findings of fact have been met. Staff recommends the following conditions: 1. The applicant will pay into the Riparian Zone Mitigation Fund for both the area of Zone 1 (Floodplain outside of the CWQZ) and the area of Zone 2 (Floodplain within the CWQZ) using the appropriate ratios per ECM 1.7.6. 2. Development of the site will be carried out as described in Exhibits 1-6, attached in the staff variance packet. Environmental Review (DSD) Environmental Policy Program Manager (DSD) Deputy Environmental Officer (WPD) _____________________________ (Pamela Abee-Taulli) Date:5/20/2022 Date: 5/23/2022 (Mike McDougal) _____________________________ (Liz Johnston) Date: 05/24/2022 Page 4 of 46 Development Services Department Staff Recommendations Concerning Required Findings Project Name: Ordinance Standard: Watershed Protection Ordinance Variance Request: 8020 Parmer Lane SH 130 NW Request to vary from 30-5-261(G) to allow floodplain modification in a critical water quality zone buffer. Include an explanation with each applicable finding of fact. A. City Code: Land Use Commission variance determinations from Chapter 25-8-41 of the 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 Two roads border the site, SH 130 and Parmer Ln. SH 130 cannot be used for access, because there is a Restriction of Access recorded for SH 130, which TxDOT will not support lifting or modifying for a full access driveway. Regarding Parmer Ln., the entirety of the Parmer Ln. frontage is located within floodplain and creek buffer. In addition, access is blocked by wetlands. Variances have been granted in similarly restrictive circumstances to allow necessary access to a site. The Critical Water Quality Zone variance is required because floodplain modification is necessary to offset the floodplain volume displaced by the bridge. There are no adverse impacts proposed to the floodplain elevations on adjacent properties with the proposed improvements, per the requirements of the code. 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; Page 5 of 46 b) c) Yes The variance is not necessitated by decisions made by the applicant. Development of the site is not possible without grading of the floodplain to offsite the volume displaced by the bridge. The bridge is necessary to access the site across the floodplain. Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; Yes The proposed floodplain modification is the minimum necessary to build the bridge as required by code for safe access, with the low chord of the bridge two feet above the water surface elevation of the 100-year floodplain. Does not create a significant probability of harmful environmental consequences. Yes The variance does not create a probability of harmful environmental consequences. A flood study has been completed and reviewed by the City of Austin to prove no adverse flooding impact to other properties. The bridge piers have been placed to minimize the impact to the existing wetlands, and a wetland mitigation and floodplain mitigation plan has approved by City staff. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes Water quality will be equal to or better than water quality without the variance. Existing, untreated impervious cover in the floodplain will be removed. All newly proposed impervious cover will receive full, code compliant water quality treatment. 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; Yes The criteria for granting the variance are met. 3. 1. B. Page 6 of 46 2. 3. The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; Yes The property is not accessible without building a bridge to the proposed height, which necessitates the floodplain modification that needs the variance. The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. Yes The proposed floodplain modification is the minimum necessary to build the bridge to access the property. Staff Determination: Staff determines that the findings of fact have been met. Staff recommends the following conditions: 1. The applicant will pay into the Riparian Zone Mitigation Fund for both the area of Zone 1 (Floodplain outside of the CWQZ) and the area of Zone 2 (Floodplain within the CWQZ) using the appropriate ratios per ECM 1.7.6. 2. Development of the site will be carried out as described in Exhibits 1-6, attached in the staff variance packet. Environmental Review (DSD) Watershed Policy and Review (WPD) Environmental Policy Program Manager (DSD) Deputy Environmental Officer (WPD) _____________________________ (Pamela Abee-Taulli) _____________________________ (Miranda Reinhard) Date:5/20/2022 Date: Date: 5/23/22 (Mike McDougal) _____________________________ (Liz Johnston) Date: 05/24/2022 Page 7 of 46 EXHIBIT 1 – CUT/FILL EXHIBITS Page 8 of 46 10' Inlet 10' Inlet E N A L R E M R A P . E BM #101 TEXAS 130 LEGEND LOC E T OF TEX A S S T A SHELLY MITCHELL 103662 P R L O F E S IC E N S SIONAL R E E D E NE N G I S A L L A D I H T R O W T R O F I N O T S U O H I O I N O T N A N A S I N I T S U A 1 1 7 4.8 5 2.4 1 5 I 9 5 7 8 7 X T TIN, S U A I 0 0 2 E T S 3, G D L B Y, P X E C A P O M N 1 0 8 0 1 1 0 8 8 2 0 0 1 # N O I T A R T S I G E R M R I F S L P B T I 0 7 4 # N O I T A R T S I G E R M R I F E P B T N A L P L L I F - T U C / W N 0 3 1 H S R E M R A P 0 2 0 8 S A X E T , I N T S U A SITE PLAN RELEASE SITE PLAN APPROVAL SHEET 08 OF 21 FILE NUMBER C8J-2021-0141.0APA APPLICATION DATE ____AUGUST 20, 2021_______ APPROVED BY COMMISSION UNDER SECTION OF 112 CHAPTER 25-5 OF THE CITY OF AUSTIN CODE. EXPIRATION DATE (25-5-81, LDC) CASE MANAGER XXXX PROJECT EXPIRATION DATE ORD. #970905-A) DWPZ DDZ DEVELOPMENT SERVICES DEPARTMENT RELEASED FOR GENERAL COMPLIANCE: ZONING ETJ Rev. 1 Correction 1 Rev. 2 Correction 2 Rev. 3 Correction 3 Final plat must be recorded by the Project Expiration Date, if applicable. Subsequent Site Plans Plans which do not comply with the Code current at the time of filing, and all required Building Permits and/or a notice of construction (if a building permit is not required), must also be approved prior to the Project Expiration Date. 08 of 21 C8J-2021-0141.0APA Page 9 of 46 10' Inlet 10' Inlet E N A L R E M R A P . E LEGEND LOC CWQZ 100YR CEF CEF PROFILE VIEW LEGEND S A L L A D I H T R O W T R O F I N O T S U O H I O I N O T N A N A S I N I T S U A 10801 N MOPAC EXPY, BLDG 3, STE 200 I AUSTIN, TX 78759 I 512.454.8711 1 0 8 8 2 0 0 1 # N O I T A R T S I G E R M R I F S L P B T I 0 7 4 # N O I T A R T S I G E R M R I F E P B T I I I T B H X E E L F O R P D N A N A L P E V R D S S E C C A E G D R B I I / W N 0 3 1 H S R E M R A P 0 2 0 8 S A X E T , I N T S U A SITE PLAN RELEASE SITE PLAN APPROVAL SHEET 08 OF 21 FILE NUMBER C8J-2021-0141.0APA APPLICATION DATE ____AUGUST 20, 2021_______ APPROVED BY COMMISSION UNDER SECTION OF 112 CHAPTER 25-5 OF THE CITY OF AUSTIN CODE. EXPIRATION DATE (25-5-81, LDC) CASE MANAGER XXXX PROJECT EXPIRATION DATE ORD. #970905-A) DWPZ DDZ DEVELOPMENT SERVICES DEPARTMENT RELEASED FOR GENERAL COMPLIANCE: ZONING ETJ Rev. 1 Correction 1 Rev. 2 Correction 2 Rev. 3 Correction 3 Final plat must be recorded by the Project Expiration Date, if applicable. Subsequent Site Plans Plans which do not comply with the Code current at the time of filing, and all required Building Permits and/or a notice of construction (if a building permit is not required), must also be approved prior to the Project Expiration Date. FIG-1 C8J-2021-0141.0APA Page 10 of 46 EXHIBIT 2 – PRELIMINARY BRIDGE PLANS Page 11 of 46 DRAFT THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF INTERIM REVIEW UNDER THE AUTHORITY OF RYAN C. LAURENT, P.E. LIC. #131995 05/02/2022 IT SHALL NOT BE USED FOR CONSTRUCTION, BIDDING, OR PERMIT PURPOSES. 1 : 3 20'-0" BAS-C PROP RETAINING WALL CEF BUFFER 13.00' WINGWALL EXISTING CRITICAL ENVIRONMENTAL FEATURE CEF BUFFER PROP RETAINING WALL BRIDGE LIGHTING STA 1+53.37 BEGIN BRIDGE FACE OF BACKWALL ABUTMENT NO. 1 ℄ PRIVATE DRIVEWAY STA 1+49.37 EL = 555.26' ℄ BENT NO. 2 ℄ PRIVATE DRIVEWAY STA 2+44.37 S T R E A M F L O W " 0 - ' 1 T E S F F O " 0 - ' 1 L I A R ℄ BENT NO. 3 ℄ PRIVATE DRIVEWAY STA 3+74.37 BRIDGE LIGHTING STA 2+96.71 ℄ BENT NO. 4 ℄ PRIVATE DRIVEWAY STA 4+61.87 BRIDGE LIGHTING STA 4+46.71 E " 4 2 . 8 3 ' 5 2 ° 2 6 S S T N E B L L A P Y T ( ) S T N E M T U B A D N A END BRIDGE FACE OF BACKWALL ABUTMENT NO. 5 ℄ PRIVATE DRIVEWAY STA 5+49.37 EL = 557.99' PROP ROW PROP RETAINING WALL 1+00 CSAB (OPT. 2) ℄ GIRDER NO. 1 3:1 2+00 3+00 ℄ PRIVATE DRIVEWAY & PGL 4+00 N 27° 34' 21.76" E NOM FACE OF SSTR RAIL 5+00 3:1 CSAB (OPT. 2) 6+00 SEJ-M(4") ℄ GIRDER NO. 5 SEJ-M(4") " 0 - ' 0 2 " 0 - ' 0 2 L L A R E V O " 0 - ' 0 4 Y A W D A O R " 0 - ' 8 3 " 0 - ' 2 1 E N A L " 0 - ' 2 1 I N A D E M " 0 - ' 2 1 E N A L % 0 . 2 % 0 . 2 BRIDGE LIGHTING STA 2+21.68 " 0 - ' 1 L I A R " 0 - ' 1 T E S F F O CONST/ CONTROL JT CONST/ CONTROL JT NOM FACE OF SSTR RAIL BRIDGE LIGHTING STA 3+70.37 PROP ROW BRIDGE LIGHTING STA 5+22.18 EXISTING CRITICAL ENVIRONMENTAL FEATURE PLAN OVERALL LENGTH OF TYPE SSTR RAIL = 431'-0" (RT) OVERALL LENGTH OF TYPE SSTR RAIL = 400'-0" (LT) OVERALL LENGTH OF BRIDGE = 400'-0" 305'-0" Tx54 I-GIRDER UNIT (130.00'-87.50'-87.50') 640 630 620 610 600 590 580 570 560 550 540 530 520 510 500 490 480 95'-0" Tx34 I-GIRDER UNIT (95.00') BEGIN BRIDGE FACE OF BACKWALL ABUTMENT NO. 1 ℄ PRIVATE DRIVEWAY STA 1+49.37 EL = 555.26' 0 0 . 5 7 + 1 : S C V E 9 7 . 5 5 5 : E C V E 1.23% . 7 3 4 9 + 1 : S C V B 3 0 . 6 5 5 : E C V B D PROP RET. WALL 4 - 36" DIA DR SH x XX' . 7 3 4 4 + 2 : S C V E 6 4 . 6 5 5 : E C V E D " 0 - ' 8 " H " 2 VERTICAL CURVE DATA HIGH POINT ELEV: 2+44.37 HIGH POINT STA: 556.46' PVI STA: 2+19.37 PVI ELEV: 556.34' AD: 0.73% K: 68.30 50.00' VC 9 2 . 5 5 5 4 7 . 0 4 5 2+00 LOW CHORD ELEV = 551.11' 1 VERTICAL CURVE DATA HIGH POINT ELEV: 1+75.00 HIGH POINT STA: 555.79' PVI STA: 1+25.00 PVI ELEV: 555.18' AD: 6.74% K: 14.83 100.00' VC 5 1 . 2 5 5 0 0 . 1 4 5 1+00 END BRIDGE FACE OF BACKWALL ABUTMENT NO. 5 ℄ PRIVATE DRIVEWAY STA 5+49.37 EL = 557.99' PGL TOP OF DECK TOP OF SSTR RAIL 0.50% D D D D HW(25) = 546.25' HW(100) = 548.39' 3 - 36" DIA DR SH x XX' 3 - 36" DIA DR SH x XX' " 0 - ' 8 " H " 3 " 0 - ' 8 " H " 4 PROP RET. WALL EXIST GROUND AT ℄ PRIVATE DRIVEWAY 4 - 36" DIA DR SH x XX' 3 - 36" DIA DR SH x XX' 5 5 0 . 6 5 5 9 9 . 8 3 5 3+00 ELEVATION 5 5 . 6 5 5 9 2 . 1 4 5 4+00 5 0 . 7 5 5 9 9 . 3 4 5 5+00 SEJ-M(4") 1 : 3 20'-0" BAS-C PROP RETAINING WALL 18.00' WINGWALL 4 2 . 9 7 + 5 : S C V B 4 1 . 8 5 5 : E C V B NOTES: 1. 2. 3. 4. 5. 6. 7. 8. DESIGNED ACCORDING TO AASHTO LRFD BRIDGE DESIGN SPECIFICATIONS, 8TH EDITION (2017) AND CURRENT INTERIMS. SEE BORING LOG SHEET FOR BORING LOG INFORMATION. ALL DIMENSIONS ARE HORIZONTAL AND MUST BE CORRECTED FOR GRADE AND CROSS SLOPE. THE "H" VALUES SHOWN ARE ESTIMATED COLUMN HEIGHTS AND ARE FOR BIDDING PURPOSES ONLY. THE CONTRACTOR IS RESPONSIBLE FOR CALCULATING THE ACTUAL COLUMN HEIGHTS BASED ON FIELD CONDITIONS. EXTEND DRILLED SHAFTS TO THE LENGTH SHOWN OR LONGER AS NECESSARY TO OBTAIN A MINIMUM OF TWO (2) DRILLED SHAFT DIAMETERS INTO THE BEARING STRATA. BEARING CONDITIONS: D = DOWEL BLANK = NO DOWEL SSTR RAIL OPTIONAL SIDE SLOT DRAINS ARE NOT PERMITTED. MEDIAN ON BRIDGE IS TO BE STRIPED ONLY. A RAISED MEDIAN IS NOT PERMITTED. HYDRAULIC DATA UPSTREAM BRIDGE FACE PROPOSED: HW(25) = 546.25' V(25) = 2.08 FPS Q (25) = 3,060 CFS HW(100) = 548.39' V (100) = 2.74 FPS Q (100) = 4,570 CFS 640 630 620 610 600 590 580 570 560 550 540 530 520 510 500 490 480 © / W N 0 3 1 H S R E M R A P 0 2 0 8 S A X E T , I N T S U A , E N A L R E M R A P T S A E 0 2 0 8 T U O Y A L E G D R B I VERTICAL CURVE DATA HIGH POINT ELEV: 6+79.24 HIGH POINT STA: 560.21' PVI STA: 6+29.24 PVI ELEV: 558.39' AD: 3.14% K: 31.85 100.00' VC 5 5 . 7 5 5 0 5 . 9 4 5 6+00 RD-A S-01 SP-2021-XXXX Page 12 of 46 EXHIBIT 3 – WETLAND MITIGATION Page 13 of 46 Wetland 1: Area within site boundary: 2529 sf Area disturbed: 2529 sf Wetland 2: Area within site boundary: 314 sf Area disturbed: 202 sf 10' Inlet 10' Inlet Current CEF Setback Extended CEF Boundary Extended CEF Boundary Current CEF Setback 15' Inlet 10' Inlet 1 0 ' I n e t l PUMP ROOM T T Current CEF Setback Extended CEF Boundary l t e n I ' 5 1 Wetland 3: Area within site boundary: 299 sf Area disturbed: 0 sf Extended CEF Boundary Current CEF Setback Extended CEF Boundary 15' Inlet 15' Inlet R 1601 Rio Grande Street Suite 450 Austin, Texas 78701 T 512.770.4503 hitchcockdesigngroup.com 15' Inlet 07.16.2021 PROJECT 8020 Parmer/ SH130 NW 8020 East Parmer Lane Austin, Texas CONSULTANTS Civil Engineer Pape Dawson 10800 North Mopac Expressway Building 3, Suite 200 Austin, Texas 78759 l t e n I ' 5 1 l t e n I ' 5 1 COMPLETENESS CHECK JULY 16, 2021 REVISIONS No Date Issue CHECKED BY DTR DRAWN BY JTH SHEET TITLE Wetland Mitigation SCALE IN FEET 1" = 50' g w d . t e S t i m r e P n o i t a g i t i M d n a l t e W \ t i m r e P 0 0 i \ s c h p a r G 9 0 \ e n a L r e m r a P l i - r a u d o M Z \ n g s e D G T S \ s t c e o r P j \ : S CALCULATIONS CEF Buffer Area Disturbed (Outside Wetland) - 2.05 acres Wetland Area Disturbed - 0.06 acres Total Site Area Disturbed - 2.11 acres LEGEND Wetland Note: In the CEF mitigation and floodplain restoration area, the top 12 inches of topsoil shall be used onsite and reseeded with appropriate 604S.6, native grasses and forbs, and provide temporary irrigation in compliance with ECM P1. This is a condition of the environmental variances granted for the grading in the floodplain and fill greater than 4'. Disturbed Wetland Area - 0.06 acres Disturbed Area Outside Wetland - 2.05 acres Extended CEF Area - 2.11 acres CEF Current CEF Setback Extend CEF Boundary SITE PLAN RELEASE FILE NUMBER__________________APPLICATION DATE_______________ SP-2021-XXXX JULY 16, 2021 APPROVED BY COMMISSION ON_______________UNDER SECTION_______ OF CHAPTER__________OF THE CITY OF AUSTIN CODE. 25-5 EXPIRATION DATE (25-5-81,LDC)__________CASE MANAGER__________________ XXXX PROJECT EXPIRATION DATE (ORD.#970905-A)__________DWPZ______DDZ______ Know what's below. Call before you dig. WARNING: CONTRACTOR IS TO VERIFY PRESENCE AND EXACT LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION. __________________________________________________________________________ 0' 25' 50' 150' Development Services Department RELEASED FOR GENERAL COMPLIANCE:_____________ZONING_____________ ETJ Rev. 1____________________________Correction 1_____________________________ Rev. 2____________________________Correction 2_____________________________ Rev. 3____________________________Correction 3_____________________________ Final plat must be recorded by the Project Expiration Date, if applicable. Subsequent Site Plans which do not comply with the Code current at the time of filing, and all required Building Permits and/or a notice of construction (if a building permit is not required), must also be approved prior to the Project Expiration Date. NORTH SHEET NUMBER WM1.01 C 2018 Hitchcock Design Group Page 14 of 46 10' Inlet 10' Inlet Raingarden See Sheet WM 1.03 Reference only, not in mitigation calculation Concrete Trail CAA - 5 CIL - 9 JNI - 4 LAU - 3 MGL - 3 POC -4 SYO - 4 15' Inlet 10' Inlet Vegetated Water Quality Pond See Sheet WM 1.03, Reference only, not in mitigation calculation T T 1 0 ' I n e t l PUMP ROOM PROVIDE FOUR (4) ROWS OF ALTERNATING SWITCH GRASS (PANICUM VIRGATUM) AND EASTERN GAMAGRASS (TRIPSACUM DACTYLOIDES) Boardwalk CAA -5 CIL - 8 JNI - 6 LAU - 4 MGL - 2 POC -5 SYO - 5 POD - 5 TDI - 8 CEC - 6 LIB - 7 ELA - 50 JEF - 50 LCS - 50 LOC - 50 NLU - 50 POD - 6 TDI - 10 CEC - 7 LIB - 9 POD1 - 81 TDI1 - 81 CEC1 - 81 LIB1 - 82 AGW - 11 BMA - 14 LFC - 14 MTR - 10 QVI - 17 RHA - 10 UAM - 14 UIL - 28 Grass Bottom Detention Pond PROVIDE FOUR (4) ROWS OF ALTERNATING SWITCH GRASS (PANICUM VIRGATUM) AND EASTERN GAMAGRASS (TRIPSACUM DACTYLOIDES) POD1 - 81 TDI1 - 81 CEC1 - 81 LIB1 - 82 Concrete Trail 15' Inlet R 1601 Rio Grande Street Suite 450 Austin, Texas 78701 T 512.770.4503 hitchcockdesigngroup.com 07.16.2021 PROJECT 8020 Parmer/ SH130 NW 8020 East Parmer Lane Austin, Texas CONSULTANTS Civil Engineer Pape Dawson 10800 North Mopac Expressway Building 3, Suite 200 Austin, Texas 78759 LEGEND Mitigation Revegetation - High Water Use Tree & Shrub Mix - 0.18 acres Mitigation Revegetation - Moderate Water Use Tree & Shrub Mix - 0.07 acres Mitigation Revegetation - Light Water Use Tree & Shrub Mix - 0.17 acres Mitigation Revegetation - Aquatic Plant Mix - 0.12 acres Total Mitigation Revegetation Area: 0.54 acres g w d . t e S t i m r e P n o i t a g i t i M d n a l t e W \ t i m r e P 0 0 i \ s c h p a r G 9 0 \ e n a L r e m r a P i l - r a u d o M Z \ n g s e D G T S \ s t c e o r P j \ : S Non Mitigation Revegetation - Riparian Area - 1-gallon native woody saplings - 0.35 acres Non Mitigation Revegetation - Upland Species Seed Mix, Full Sun Area - 5.37 acres Non Mitigation Revegetation - Solid Sod - 5.20 acres COMPLETENESS CHECK JULY 16, 2021 REVISIONS No Date Issue CHECKED BY DTR DRAWN BY JTH SHEET TITLE Wetland Revegetation & Calculation SCALE IN FEET 1" = 50' Note: In the CEF mitigation and floodplain restoration area, the top 12 inches of topsoil shall be used onsite and reseeded with appropriate 604S.6, native grasses and forbs, and provide temporary irrigation in compliance with ECM P1. This is a condition of the environmental variances granted for the grading in the floodplain and fill greater than 4'. SITE PLAN RELEASE FILE NUMBER__________________APPLICATION DATE_______________ SP-2021-XXXX JULY 16, 2021 APPROVED BY COMMISSION ON_______________UNDER SECTION_______ OF CHAPTER__________OF THE CITY OF AUSTIN CODE. 25-5 EXPIRATION DATE (25-5-81,LDC)__________CASE MANAGER__________________ XXXX PROJECT EXPIRATION DATE (ORD.#970905-A)__________DWPZ______DDZ______ Know what's below. Call before you dig. WARNING: CONTRACTOR IS TO VERIFY PRESENCE AND EXACT LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION. __________________________________________________________________________ 0' 25' 50' 150' Development Services Department RELEASED FOR GENERAL COMPLIANCE:_____________ZONING_____________ ETJ Rev. 1____________________________Correction 1_____________________________ Rev. 2____________________________Correction 2_____________________________ Rev. 3____________________________Correction 3_____________________________ Final plat must be recorded by the Project Expiration Date, if applicable. Subsequent Site Plans which do not comply with the Code current at the time of filing, and all required Building Permits and/or a notice of construction (if a building permit is not required), must also be approved prior to the Project Expiration Date. NORTH SHEET NUMBER WM1.02 C 2018 Hitchcock Design Group Page 15 of 46 10' Inlet R T T 10' Inlet SGI 26 MAR 5 MCA 31 MLI 26 PVG 139 CLF 12 SGI 29 HMA 25 PVI 14 CLF 12 MCA 31 MLI 26 PVG 136 MAR 10 SMI 4 MAR 7 SGI 29 HMA 25 CCG 14 MAR 15 MCA 33 SMI 11 MLI 28 MAR 15 CCG 14 HMA 25 SGI 28 PLANT SCHEDULE WQP & RAINGARDEN SHRUBS BOTANICAL / COMMON NAME CONTAINER HEIGHT CLF CCG HMA MAR MCA MLI PVI SMI SFW SGI TLE CVI CVS CLA PVG Chasmanthium latifolium Northern Sea Oats Conoclinium greggii Gregg`s Mistflower Helianthus maximiliani Maximilian Sunflower Malvaviscus drummondii Turk`s Cap Muhlenbergia capillaris Gulf Muhly Muhlenbergia lindheimeri `Big` Big Muhly Physostegia virginiana Obedient Plant Sabal minor Dwarf Palmetto Salvia farinacea Mealy Sage Salvia greggii Autumn Sage Tagetes lemmonii Copper Canyon Daisy Callirhoe involucrata Purple Poppymallow Calyptocarpus vialis Horseherb Coreopsis lanceolata Lanceleaf Tickseed Panicum virgatum Switch Grass 5 gal 5 gal 5 Gal. 5 gal 3 Gal 5 gal 5 Gal. 5 gal 5 Gal. 5 gal 5 Gal. 1 gal 1 gal 1 gal 1 gal 10-12" QTY 24 28 75 52 181 158 44 15 170 142 84 12" o.c. 238 sf 12" o.c. 590 sf 18" o.c. 191 sf 15" o.c. 1,565 sf GROUND COVERS BOTANICAL / COMMON NAME CONTAINER SPACING VEGETATED WATER QUALITY POND 1 1" = 20'-0" RAINGARDEN PLANTING 2 1" = 20'-0" 1601 Rio Grande Street Suite 450 Austin, Texas 78701 T 512.770.4503 hitchcockdesigngroup.com 07.16.2021 PROJECT 8020 Parmer/ SH130 NW 8020 East Parmer Lane Austin, Texas CONSULTANTS Civil Engineer Pape Dawson 10800 North Mopac Expressway Building 3, Suite 200 Austin, Texas 78759 COMPLETENESS CHECK JULY 16, 2021 REVISIONS No Date Issue CHECKED BY DTR DRAWN BY JTH SHEET TITLE Pond & Raingarden Planting Plan SCALE IN FEET 1" = 50' SITE PLAN RELEASE FILE NUMBER__________________APPLICATION DATE_______________ SP-2021-XXXX JULY 16, 2021 APPROVED BY COMMISSION ON_______________UNDER SECTION_______ OF CHAPTER__________OF THE CITY OF AUSTIN CODE. 25-5 EXPIRATION DATE (25-5-81,LDC)__________CASE MANAGER__________________ XXXX PROJECT EXPIRATION DATE (ORD.#970905-A)__________DWPZ______DDZ______ Know what's below. Call before you dig. WARNING: CONTRACTOR IS TO VERIFY PRESENCE AND EXACT LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION. __________________________________________________________________________ 0' 25' 50' 150' Development Services Department RELEASED FOR GENERAL COMPLIANCE:_____________ZONING_____________ ETJ Rev. 1____________________________Correction 1_____________________________ Rev. 2____________________________Correction 2_____________________________ Rev. 3____________________________Correction 3_____________________________ Final plat must be recorded by the Project Expiration Date, if applicable. Subsequent Site Plans which do not comply with the Code current at the time of filing, and all required Building Permits and/or a notice of construction (if a building permit is not required), must also be approved prior to the Project Expiration Date. NORTH SHEET NUMBER WM1.03 C 2018 Hitchcock Design Group PVG 268 MLI 39 TLE 42 CVS 307 SFW 85 PVG 271 MLI 39 TLE 42 CVS 307 SFW 85 PVG 230 SGI 30 MCA 34 PVI 30 CLA 89 CVI 247 MCA 52 g w d . t e S t i m r e P n o i t a g i t i M d n a l t e W \ t i m r e P 0 0 i \ s c h p a r G 9 0 \ e n a L r e m r a P l i - r a u d o M Z \ n g s e D G T S \ s t c e o r P j \ : S Page 16 of 46 EXHIBIT 4 – FLOODPLAIN MODIFICATION Page 17 of 46 Wetland 1: Area within site boundary: 2529 sf Area disturbed: 2529 sf Wetland 2: Area within site boundary: 314 sf Area disturbed: 202 sf 10' Inlet 10' Inlet Floodplain Modification Boundary Current CEF Setback Extended CEF Boundary Zone 2 Zone 1 Floodplain Modification Boundary Floodplain Modification Boundary Extended CEF Boundary Current CEF Setback 15' Inlet 10' Inlet 1 0 ' I n e t l PUMP ROOM T T Current CEF Setback Floodplain Modification Boundary Extended CEF Boundary l t e n I ' 5 1 Wetland 3: Area within site boundary: 299 sf Area disturbed: 0 sf Extended CEF Boundary Current CEF Setback Extended CEF Boundary 15' Inlet 15' Inlet 15' Inlet l t e n I ' 5 1 l t e n I ' 5 1 R 1601 Rio Grande Street Suite 450 Austin, Texas 78701 T 512.770.4503 hitchcockdesigngroup.com 07.16.2021 PROJECT 8020 Parmer/ SH130 NW 8020 East Parmer Lane Austin, Texas CONSULTANTS Civil Engineer Pape Dawson 10800 North Mopac Expressway Building 3, Suite 200 Austin, Texas 78759 COMPLETENESS CHECK JULY 16, 2021 REVISIONS No Date Issue CHECKED BY DTR DRAWN BY JTH SHEET TITLE Floodplain Modification SCALE IN FEET 1" = 50' Note: In the CEF mitigation and floodplain restoration area, the top 12 inches of topsoil shall be used onsite and reseeded with appropriate 604S.6, native grasses and forbs, and provide temporary irrigation in compliance with ECM P1. This is a condition of the environmental variances granted for the grading in the floodplain and fill greater than 4'. SITE PLAN RELEASE FILE NUMBER__________________APPLICATION DATE_______________ SP-2021-XXXX JULY 16, 2021 APPROVED BY COMMISSION ON_______________UNDER SECTION_______ OF CHAPTER__________OF THE CITY OF AUSTIN CODE. 25-5 EXPIRATION DATE (25-5-81,LDC)__________CASE MANAGER__________________ XXXX PROJECT EXPIRATION DATE (ORD.#970905-A)__________DWPZ______DDZ______ Know what's below. Call before you dig. WARNING: CONTRACTOR IS TO VERIFY PRESENCE AND EXACT LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION. __________________________________________________________________________ 0' 25' 50' 150' Development Services Department RELEASED FOR GENERAL COMPLIANCE:_____________ZONING_____________ ETJ Rev. 1____________________________Correction 1_____________________________ Rev. 2____________________________Correction 2_____________________________ Rev. 3____________________________Correction 3_____________________________ Final plat must be recorded by the Project Expiration Date, if applicable. Subsequent Site Plans which do not comply with the Code current at the time of filing, and all required Building Permits and/or a notice of construction (if a building permit is not required), must also be approved prior to the Project Expiration Date. NORTH SHEET NUMBER FM1.04 C 2018 Hitchcock Design Group g w d . t e S t i m r e P n o i t a g i t i M d n a l t e W \ t i m r e P 0 0 i \ s c h p a r G 9 0 \ e n a L r e m r a P i l - r a u d o M Z \ n g s e D G T S \ s t c e o r P j \ : S LEGEND CEF Current CEF Setback Extend CEF Boundary Floodplain Modification Boundary, Area: 2.69 ac Zone 1 (Floodplain outside the CWQZ) Zone 2 (Floodplain within the CWQZ) Page 18 of 46 EXHIBIT 5 – PRELIMINARY POND PLANS Page 19 of 46 SEDIMENTATION/FILTRATION POND MAINTENANCE PLAN: WATER QUALITY POND SUMMARY: NOTES: B B A LEGEND A E T OF TEX A S S T A SHELLY MITCHELL 103662 P R L O F E S I C E N S SIONAL R E E D E NE N G I S A L L A D I H T R O W T R O F I N O T S U O H I O I N O T N A N A S I N I T S U A 10801 N MOPAC EXPY, BLDG 3, STE 200 I AUSTIN, TX 78759 I 512.454.8711 1 0 8 8 2 0 0 1 # N O I T A R T S I G E R M R I F S L P B T I 0 7 4 # N O I T A R T S I G E R M R I F E P B T N A L P D N O P / W N 0 3 1 H S R E M R A P 0 2 0 8 S A X E T , I N T S U A SITE PLAN RELEASE FILE NUMBER C8J-2021-0141.0APA APPLICATION DATE ____AUGUST 20, 2021_______ APPROVED BY COMMISSION UNDER SECTION OF 112 CHAPTER 25-5 OF THE CITY OF AUSTIN CODE. EXPIRATION DATE (25-5-81, LDC) CASE MANAGER XXXX PROJECT EXPIRATION DATE ORD. #970905-A) DWPZ DDZ DEVELOPMENT SERVICES DEPARTMENT RELEASED FOR GENERAL COMPLIANCE: ZONING ETJ Rev. 1 Correction 1 Rev. 2 Correction 2 Rev. 3 Correction 3 Final plat must be recorded by the Project Expiration Date, if applicable. Subsequent Site Plans Plans which do not comply with the Code current at the time of filing, and all required Building Permits and/or a notice of construction (if a building permit is not required), must also be approved prior to the Project Expiration Date. 16 of 21 C8J-2021-0141.0APA SHELLY MITCHELLPESGISIONALNE103662ROFEENRESTATOFSTEXALICENSED05/20/2022Page 20 of 46 E T OF TEX A S S T A SHELLY MITCHELL 103662 P R L O F E S I C E N S SIONAL R E E D E NE N G I S A L L A D I H T R O W T R O F I N O T S U O H I O I N O T N A N A S I N I T S U A 10801 N MOPAC EXPY, BLDG 3, STE 200 I AUSTIN, TX 78759 I 512.454.8711 1 0 8 8 2 0 0 1 # N O I T A R T S I G E R M R I F S L P B T I 0 7 4 # N O I T A R T S I G E R M R I F E P B T S L I A T E D D N O P / W N 0 3 1 H S R E M R A P 0 2 0 8 S A X E T , I N T S U A DETENTION POND 1 OUTFALL SITE PLAN RELEASE FILE NUMBER C8J-2021-0141.0APA APPLICATION DATE ____AUGUST 20, 2021_______ APPROVED BY COMMISSION UNDER SECTION OF 112 CHAPTER 25-5 OF THE CITY OF AUSTIN CODE. EXPIRATION DATE (25-5-81, LDC) CASE MANAGER XXXX PROJECT EXPIRATION DATE ORD. #970905-A) DWPZ DDZ DEVELOPMENT SERVICES DEPARTMENT RELEASED FOR GENERAL COMPLIANCE: ZONING ETJ Rev. 1 Correction 1 Rev. 2 Correction 2 Rev. 3 Correction 3 Final plat must be recorded by the Project Expiration Date, if applicable. Subsequent Site Plans Plans which do not comply with the Code current at the time of filing, and all required Building Permits and/or a notice of construction (if a building permit is not required), must also be approved prior to the Project Expiration Date. 17 of 21 C8J-2021-0141.0APA SECTION A-A SECTION B-B FILTRATION POND OUTLET SECTION 05/19/2022Page 21 of 46 EXHIBIT 6 – RIPARIAN ZONE MITIGATION FUND Q7 FORM Page 22 of 46 Appendix Q-7: Riparian Zone Mitigation Section 25-8-364 of the Land Development Code (Floodplain Modification) allows for mitigation where restoration of floodplain health is infeasible, in accordance with Section 1.7 of this manual. The mitigation requirement may be satisfied by: (1) Paying into the Water Supply Mitigation Fund (see Option 1 Worksheet); (2) Transferring mitigation land to the City of Austin or placing restrictions on mitigation land through a conservation easement (see Option 2 Worksheet); or (3) A combination of these mitigation methods (see Option 1 and Option 2 Worksheets). Section 25-8-261 of the Land Development Code (Critical Water Quality Zone Development) allows for payment into the Riparian Zone Mitigation Fund as mitigation for a utility line in urban and suburban watersheds located parallel to and within the Critical Water Quality Zone (CWQZ) if on-site restoration is infeasible, in accordance with Section 1.5 of this manual. If land is dedicated or restricted, it must be approved by the City and the applicant must file in the deed records a restrictive covenant, approved by the city attorney, that runs with the transferring tract and describes the restrictions on development and vegetation management. In addition, the applicant shall pay all costs of restricting the mitigation land or transferring the mitigation land to the City, including the costs of: (a) an environmental site assessment without any recommendations for further clean-up, certified to the City not earlier than the 120th day before the closing date transferring land to the City; (b) a category 1(a) land title survey, certified to the City and the title company not earlier than the 120th day before the closing date transferring land to the City; (c) a title commitment with copies of all Schedule B and C documents, and an owner's title policy; (d) a fee simple deed, or, for a restriction, a restrictive covenant approved as to form by the city attorney; (e) taxes prorated to the closing date; (f) recording fees; and charges or fees collected by the title company. The mitigation land must also have acceptable operating & maintenance (O&M) conditions, as approved by the proposed land manager. The presence of an outstanding environmental feature or attribute may allow the mitigation land to deviate slightly from the previous criteria where desirable and appropriate, pending approval from the Director of the Watershed Protection Department. If the applicant is placing restrictions on the mitigation land, the conservation easement must be approved and recorded prior to the issuance of a development permit. Page 23 of 46 OPTION 1 WORKSHEET CALCULATION FOR PAYMENT INTO THE RIPARIAN ZONE MITIGATION FUND A. OWNER/AGENT INFORMATION: Name: Company: Telephone: B. PROJECT INFORMATION: Name: Location or Address: Permit Number: Case Manager: C. MITIGATION REQUIRED Fax: Area Modified within the 100-Year Floodplain: (ac.) Area Disturbed by a Parallel Utility within the CWQZ: Ratio Applied (circle): The ratio for an area modified within the 100-Year Floodplain is determined by ECM 1.7.6. The ratio is 1:1 for a parallel utility within the CWQZ. Multiply the acres modified or disturbed by the ratio to determine the mitigation required. (ac.) 8:1 4:1 3:1 2:1 6:1 1:1 Mitigation Required: D. PAYMENT CALCULATION: Mitigation Land Provided by Applicant: Mitigation land provided by the applicant must be approved by the Director of the Watershed Protection Department and the Proposed Land Manager (Option 2 Worksheet). A project disturbing the CWQZ with a parallel utility does not have the option to provide mitigation land. Mitigation by Payment (ac.) = Mitigation Required - Mitigation Land Provided by Applicant (ac.) (ac.) Mitigation by Payment: Base Fee: Annual Adjustment Factor: Adjusted Fee: Total Fee: $15,000 per acre 7% beginning October 1, 2008 (ac.) $ Mitigation by Payment (ac.) x Adjusted Fee = $ Page 24 of 46 Page 25 of 46 Applicant Variance Applications Page 26 of 46 April 19, 2022 City of Austin Land Use Commission 301 W 2nd St Austin, Texas 78701 RE: 8020 Parmer Lane SH 130 NW Fill Variance Request Case Number: C8J-2021-0141.0A On behalf of our clients, we are submitting this Fill Variance Request Letter for 8106 & 8020 Parmer Lane, Austin, TX. The project will include the development of a new multi-family complex and a new industrial complex. Necessary infrastructure (access, utilities, water quality/detention ponds, parking and covered parking, etc.) is also included in the proposed plan. The site is in the Extraterritorial Jurisdiction of the City of Austin, Texas and is located west of SH-130, north of Parmer Lane, and south of Harris Branch. The unplatted subject tract is comprised of four (4) tracts of land with parcel numbers and legal descriptions as follows: • 247979: ABS 794 SUR 42 WILBARGER J ACR 28.474 (1-D-1) • 526010: ABS 690 SUR 54 SANDERS W H ABS 794 SUR 42 WILBARGER J ACR 3.000 • 236741: ABS 690 SUR 54 SANDERS W H ACR 1.230 • 236750: ABS 690 SUR 54 SANDERS W H ACR 10.3200 The property is located within the Gilleland Creek Watershed and Harris Branch Watershed, which are classified as Suburban Watersheds. A northern portion and southern portion of this tract are within the boundaries of the 100-year flood of a waterway within the limits of study of the Federal Flood Insurance Administration FIRM No. 48453C0480J, dated August 18, 2014. Water and wastewater service will be provided by the City of Austin. The property is proposed to be platted as two lots. The site is proposed to be developed on the two lots consisting of: • A ±28.47-acre tract of land proposed to be developed with a Light Industrial Use • A ±14.55-acre tract of land proposed to be developed as a multi-family development A variance is being requested to Land Development Code Section 30-5-342 to allow fill over 4 feet. The purpose of this variance is to be able to construct one (1) joint use access driveway to Parmer lane. This will be the only traffic access point for the property, and will serve both proposed developments. The reasons for needing a variance to construct this access are as follows: • The entire property frontage on Parmer lane is within the 100 yr floodplain and Critical Water Quality Zone. Page 27 of 46 8020 Parmer Lane SH 130 NW Project Assessment Sidewalk Variance Request Letter Case Number: C8J-2021-0141.0APA April 19, 2022 Page 2 of 2 • Access is restricted to SH 130 by a recorded control of access, and TxDOT has confirmed they will not consider releasing the control of access for a daily use access point. • The only option for access to the property is to build a bridge crossing over the existing waterway (Gilleland Creek Tributary 1C) on the southern portion of the site so that the development will have access to Parmer Lane. The site is located on an Imagine Austin corridor, and so LDC 25-8-262(D) allows a driveway to cross the CWQZ if necessary to develop the property. • To make this access connection, a variance to Land Development Code Section 30-5-342 is required to all fill over 4 feet is necessary. Exhibits showing the fill requirement to make the bridge connection are included with this submittal to show the extent of the fill required to building the bridge abutments and approaches. • The minimum fill over 4 feet is proposed to build the bridge so that the low chord of the bridge is 2’ above the 100 yr water surface elevation of the 100 yr floodplain, as required for safe access by code. This variance request is necessary for the reasonable, economic development of the subject tract. The minimum necessary deviations from the code are proposed to make a single access point to the site possible. No floodplain adverse impacts to adjacent properties are proposed, and a flood study, environmental study, and mitigation plans have been prepared and reviewed by city staff to enhance the floodplain area and better the environmental conditions on site. Thank you for your consideration of this variance request. Please contact our office if you have any questions or need additional information regarding this variance request. Sincerely, Pape-Dawson Engineers, Inc. Sarah Ulusoy, P.E. Senior Project Manager Page 28 of 46 April 19, 2022 ENVIRONMENTAL COMMISSION VARIANCE APPLICATION FORM PROJECT DESCRIPTION Applicant Contact Information Name of Applicant Street Address City State ZIP Code Work Phone E-Mail Address Variance Case Information Case Name Case Number Address or Location Environmental Reviewer Name Environmental Resource Management Reviewer Name Applicable Ordinance Pape-Dawson Engineers, Inc (Sarah Ulusoy, P.E.) 10801 N Mopac Expy, Bldg. 3 Ste. 200 Austin, Texas 78759 512-454-8711 sulusoy@pape-dawson.com 8020 Parmer Lane/SH 130 NW Project Assessment C8J-2021-0141.0A 8020 E Parmer Lane, Manor, Tx 78653 Pamela Abee-Taulli Miranda Reinhard Ord. 031211-11; Ord. 031211-42; Ord. No. 20170615-102 , Pt. 48, 6-15- 17. Watershed Name Gilleland Creek, Harris Branch Watershed Classification ☐Urban X Suburban ☐Water Supply Suburban ☐Water Supply Rural ☐ Barton Springs Zone City of Austin | Environmental Commission Variance Application Guide 1 Page 29 of 46 April 19, 2022 Request Impervious cover square footage: acreage: percentage: 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) Edwards Aquifer Recharge Zone ☐ Barton Springs Segment ☐ Northern Edwards Segment X Not in Edwards Aquifer Zones Edwards Aquifer Contributing Zone Distance to Nearest Classified Waterway ☐ Yes X No 0.0 Miles (located on-site) Water and Waste Water service to be provided by Austin Water Utility The variance request is as follows (Cite code references): Variance to 30-5-342 to allow fill over 4 feet Existing 156,380 SF 3.60 acres 10.8% Proposed 1,019,330 SF 23.40 acres 60.0% The subject property is located at the northwest corner of the Parmer Lane and SH 130 intersection and consists of two tracts located in the Austin ETJ: • A ±28.47-acre tract of land proposed to be developed with a Light • A ±14.55-acre tract of land proposed to be developed as a multi-family Industrial Use development This site The existing site generally slopes to the northeast and southwest and is split between two suburban watersheds, Harris Branch and Gilleland Creek. The proposed drainage areas generally respect the existing watershed division, and separate water quality and detention systems will be provided for the two different analysis points for each watershed. The slopes range from 0% to greater than 25% on the site. The elevation range on site is approximately 533 to 581 MSL. The project site is depicted within the “Northern Blackland Prairie Level IV” eco City of Austin | Environmental Commission Variance Application Guide 2 Page 30 of 46 April 19, 2022 region of Texas. The vegetation identified on the project site largely reflects vegetation common to this eco region (Cedar Elm, Ashe Juniper, Sugar Hackberry, Texas Pricklypead, Annual Bastard Cabbage, Johnson grass, Maximilian Sunflower, etc). A tree survey was not completed as the site is within the ETJ. The site soils consist of hydrologic group D soils such as Heiden clay, Houston Black clay, and Tinn Clay soils according to the USDA soil survey. There are existing critical water quality zones on both the north and south portions of the property. There are also existing wetland CEFs within the Critical Water Quality Zone on the south site of the site. The northern portion and southern portion of this tract are also within the boundaries of the 100-year flood of a waterway within the limits of study of the Federal Flood Insurance Administration FIRM No. 48453C0480J, dated August 18, 2014. City of Austin | Environmental Commission Variance Application Guide 3 Page 31 of 46 April 19, 2022 Clearly indicate in what way the proposed project does not comply with current Code (include maps and exhibits) The entire property frontage on Parmer Lane is within the 100 yr floodplain and Critical Water Quality Zone. Access is restricted to SH 130 by a recorded control of access and TxDOT has confirmed they will not consider releasing the control of access for a daily access point. The only option for access to the property is to build a bridge crossing over the existing waterway (Gilleland Creek Tributary 1C) on the southern portion of the site so that the development will have access to Parmer Lane. The site is located on an Imagine Austin corridor, therefore LDC 25-8-262(D) allows a driveway to cross the CWQZ if necessary to develop the property. There is an existing access driveway on Parmer in the location of the proposed bridge, but future access will need to provide a drive that meets the Fire Departments (ESD #12) approval and Travis County design standards. As a result, the low cord of the bridge must be a minimum of 2 feet above the 100 yr water surface elevation of the floodplain. This requires filling in the floodplain to build the bridge approach and abutment at the required elevation above the floodplain, and also results in some additional grading in the floodplain and Critical Water Quality Zone to provide additional floodplain volume to offset the effect of the bridge. No adverse impacts to other properties are proposed with these improvements. To make this access connection, a variance to Land Development Code Section 30-5-342 to allow fill over 4 feet is necessary. Exhibits showing the fill requirement to make the bridge connection are included with this submittal to show the extent of the fill required to building the bridge abutments and approaches. City of Austin | Environmental Commission Variance Application Guide 4 Page 32 of 46 April 19, 2022 An additional variance to Land Development Code section 30-5-261 (G) to allow floodplain modification in the Critical Water Quality Zone is also required, however a separate variance submittal has been prepared and submitted for evaluation of that variance. FINDINGS OF FACT As required in LDC Section 30-5-41, 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: 8020 Parmer Lane/SH 130 NW Project Assessment Ordinance: Ord. 031211-11; Ord. 031211-42; Ord. No. 20170615-102 , Pt. 48, 6-15-17. Land Use Commission variance determinations from Chapter 30-5-41 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: Without this variance, the site will not have any driveway access points for traffic to access the property. The site is undevelopable without an access point. There is a Restriction of Access recorded for SH 130, which TxDOT will not support lifting or modifying a full access driveway. The entirety of the Parmer frontage is located within the floodplain in existing conditions. Therefore, fill greater than 4’ is required to build a bridge abutment and connecting drive approaches that are above the 100 yr water surface elevation of the floodplain. 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: There is no development of any scale possible without a driveway access point. No driveway access point is achievable for this property without a variance. City of Austin | Environmental Commission Variance Application Guide 5 Page 33 of 46 April 19, 2022 c) b) Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property. Yes : The minimum fill over 4 feet is proposed to build the bridge so that the low chord of the bridge is 2’ above the 100 yr water surface elevation of the 100 yr floodplain, as required for safe access by code. Additionally, two developments will use this access point as a joint use access drive, to limit the modification of the floodplain and environmental features along the property frontage. Please see attached cut and fill exhibits. Does not create a significant probability of harmful environmental consequences. Yes: A flood study has been completed and reviewed by the City of Austin to prove no adverse impact to other properties. The bridge piers have been place to minimize the impact to the existing wetland CEFs, and a CEF mitigation and floodplain restoration plan has been proposed and reviewed by City of Austin staff. 3. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes: Full water quality treatment for the proposed impervious cover on site will be provided with the site plan. Water Quality treatment will be provided at the full measure required by the code. There is existing impervious cover on site and in the floodplain from which run off is not currently treated, the proposed development will remove this and full treat the proposed impervious cover. B. 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. 3. The criteria for granting a variance in Subsection (A) are met; Yes: The criteria for Subsection (A) are met, per the descriptive narratives provided in this document and the supporting exhibits The requirement for which a variance is requested prevents a reasonable, economic use of the entire property. Yes: There is no development of any scale possible without a driveway access point. No driveway access point is achievable for this property without a variance. 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 6 Page 34 of 46 April 19, 2022 Yes: The minimum fill over 4 feet is proposed to build the bridge so that the low chord of the bridge is 2’ above the 100 yr water surface elevation of the 100 yr floodplain, as required for safe access by code. Additionally, two developments will use this access point as a joint use access drive, to limit the modification of the floodplain and environmental features along the property frontage. **Variance approval requires all above affirmative findings. City of Austin | Environmental Commission Variance Application Guide 7 Page 35 of 46 April 19, 2022 A Exhibits for Commission Variance Aerial photos of the site Site photos Aerial photos of the vicinity Context Map—A map illustrating the subject property in relation to developments in the vicinity to include nearby major streets and waterways Topographic Map - A topographic map is recommended if a significant grade change on the subject site exists or if there is a significant difference in grade in relation to adjacent properties. For cut/fill variances, a plan sheet showing areas and depth of cut/fill with topographic elevations. Site plan showing existing conditions if development exists currently on the property Proposed Site Plan- full size electronic or at least legible 11x17 showing proposed development, include tree survey if required as part of site or subdivision plan Environmental Map – A map that shows pertinent features including Floodplain, CWQZ, WQTZ, CEFs, Setbacks, Recharge Zone, etc. An Environmental Resource Inventory pursuant to ECM 1.3.0 (if required by 25-8-121) Applicant’s variance request letter City of Austin | Environmental Commission Variance Application Guide 8 Page 36 of 46 April 19, 2022 City of Austin Land Use Commission 301 W 2nd St Austin, Texas 78701 RE: 8020 Parmer Lane SH 130 NW Floodplain Modification in the Critical Water Quality Zone Variance Request Case Number: C8J-2021-0141.0A On behalf of our clients, we are submitting this Floodplain Modification in the Critical Water Quality ZOn Variance Request Letter for 8106 & 8020 Parmer Lane, Austin, TX. The project will include the development of a new multi-family complex and a new industrial complex. Necessary infrastructure (access, utilities, water quality/detention ponds, parking and covered parking, etc.) is also included in the proposed plan. The site is in the Extraterritorial Jurisdiction of the City of Austin, Texas and is located west of SH-130, north of Parmer Lane, and south of Harris Branch. The unplatted subject tract is comprised of four (4) tracts of land with parcel numbers and legal descriptions as follows: • 247979: ABS 794 SUR 42 WILBARGER J ACR 28.474 (1-D-1) • 526010: ABS 690 SUR 54 SANDERS W H ABS 794 SUR 42 WILBARGER J ACR 3.000 • 236741: ABS 690 SUR 54 SANDERS W H ACR 1.230 • 236750: ABS 690 SUR 54 SANDERS W H ACR 10.3200 The property is located within the Gilleland Creek Watershed and Harris Branch Watershed, which are classified as Suburban Watersheds. A northern portion and southern portion of this tract are within the boundaries of the 100-year flood of a waterway within the limits of study of the Federal Flood Insurance Administration FIRM No. 48453C0480J, dated August 18, 2014. Water and wastewater service will be provided by the City of Austin. The property is proposed to be platted as two lots. The site is proposed to be developed on the two lots consisting of: • A ±28.47-acre tract of land proposed to be developed with a Light Industrial Use • A ±14.55-acre tract of land proposed to be developed as a multi-family development A variance is being requested to Land Development Code Section Variance to 30-5-261(G) to allow floodplain modification in the Critical Water Quality Zone. The purpose of this variance is to be able to construct one (1) joint use access driveway to Parmer lane. This will be the only traffic access point for the property, and will serve both proposed developments. The reasons for needing a variance to construct this access are as follows: Page 37 of 46 8020 Parmer Lane SH 130 NW Project Assessment Sidewalk Variance Request Letter Case Number: C8J-2021-0141.0APA April 19, 2022 Page 2 of 2 • The entire property frontage on Parmer lane is within the 100 yr floodplain and Critical Water Quality Zone. • Access is restricted to SH 130 by a recorded control of access, and TxDOT has confirmed they will not consider releasing the control of access for a daily use access point. • The only option for access to the property is to build a bridge crossing over the existing waterway (Gilleland Creek Tributary 1C) on the southern portion of the site so that the development will have access to Parmer Lane. The site is located on an Imagine Austin corridor, and so LDC 25-8-262(D) allows a driveway to cross the CWQZ if necessary to develop the property. • To make this access connection, a variance to Land Development Code Section 30-5-261(G) to allow floodplain modification in the Critical Water Quality Zone is necessary. Fill is required to build a bridge abutment and connecting drive approaches within the floodplain area. Cut is also required within the floodplain to offset the floodplain volume displaced by the bridge. Exhibits showing the grading requirements to make the bridge connection are included with this submittal to show the extent of the cut and fill required to building the bridge abutments and approaches. • The minimum grading modification in the floodplain and Critical Water Quality Zone is proposed to build the bridge so that the low chord of the bridge is 2’ above the 100 yr water surface elevation of the 100 yr floodplain, as required for safe access by code. This variance request is necessary for the reasonable, economic development of the subject tract. The minimum necessary deviations from the code are proposed to make a single access point to the site possible. No floodplain adverse impacts to adjacent properties are proposed, and a flood study, environmental study, and mitigation plan have been prepared and reviewed by city staff to enhance the floodplain area and better the environmental conditions on site. Thank you for your consideration of this variance request. Please contact our office if you have any questions or need additional information regarding this variance request. Sincerely, Pape-Dawson Engineers, Inc. Sarah Ulusoy, P.E. Senior Project Manager Page 38 of 46 April 19, 2022 ENVIRONMENTAL COMMISSION VARIANCE APPLICATION FORM PROJECT DESCRIPTION Applicant Contact Information Name of Applicant Street Address City State ZIP Code Work Phone E-Mail Address Variance Case Information Case Name Case Number Address or Location Environmental Reviewer Name Environmental Resource Management Reviewer Name Applicable Ordinance Pape-Dawson Engineers, Inc (Sarah Ulusoy, P.E.) 10801 N Mopac Expy, Bldg. 3 Ste. 200 Austin, Texas 78759 512-454-8711 sulusoy@pape-dawson.com 8020 Parmer Lane/SH 130 NW Project Assessment C8J-2021-0141.0A 8020 E Parmer Lane, Manor, Tx 78653 Pamela Abee-Taulli Miranda Reinhard Ord. 031211-11; Ord. 031211-42; Ord. 20131017-046; Ord. No. 20160922-048 , Pt. 8; Ord. No. 20170615-102 , Pt. 44, 6-15-17. Watershed Name Gilleland Creek, Harris Branch Watershed Classification ☐Urban X Suburban ☐Water Supply Suburban ☐Water Supply Rural ☐ Barton Springs Zone City of Austin | Environmental Commission Variance Application Guide 1 Page 39 of 46 April 19, 2022 Edwards Aquifer Recharge Zone ☐ Barton Springs Segment ☐ Northern Edwards Segment X Not in Edwards Aquifer Zones Edwards Aquifer Contributing Zone Distance to Nearest Classified Waterway ☐ Yes X No 0.0 Miles (located on-site) Water and Waste Water service to be provided by Austin Water Utility The variance request is as follows (Cite code references): Variance to 30-5-261(G) to allow floodplain modification in the Critical Water Quality Zone. Existing 156,380 SF 3.60 acres 10.8% Proposed 1,019,330 SF 23.40 acres 60.0% The subject property is located at the northwest corner of the Parmer Lane and SH 130 intersection and consists of two tracts located in the Austin ETJ: • A ±28.47-acre tract of land proposed to be developed with a Light • A ±14.55-acre tract of land proposed to be developed as a multi-family Industrial Use development This site The existing site currently generally sloped to the northeast and southwest and is split between two suburban watersheds, Harris Branch and Gilleland Creek. The proposed drainage areas generally respect the existing watershed division, and separate water quality and detention systems will be provided for the two different analysis points for each watershed. The slopes range from 0% to greater than 25% on the site. The elevation range on site is approximately 533 to 581 MSL. The project site is depicted within the “Northern Blackland Prairie Level IV” eco City of Austin | Environmental Commission Variance Application Guide 2 Request Impervious cover square footage: acreage: percentage: 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) Page 40 of 46 April 19, 2022 region of Texas. The vegetation identified on the project site largely reflects vegetation common to this eco region (Cedar Elm, Ashe Juniper, Sugar Hackberry, Texas Pricklypead, Annual Bastard Cabbage, Johnson grass, Maximilian Sunflower, etc). A tree survey was not completed as the site is within the ETJ. The site soils consist of hydrologic group D soils such as Heiden clay, Houston Black clay, and Tinn Clay soils according to the USDA soil survey. There are existing critical water quality zones on both the north and south portions of the property. There are also existing wetland CEFs within the Critical Water Quality Zone on the south site of the site. The northern portion and southern portion of this tract are also within the boundaries of the 100-year flood of a waterway within the limits of study of the Federal Flood Insurance Administration FIRM No. 48453C0480J, dated August 18, 2014. City of Austin | Environmental Commission Variance Application Guide 3 Page 41 of 46 April 19, 2022 Clearly indicate in what way the proposed project does not comply with current Code (include maps and exhibits) The entire property frontage on Parmer lane is within the 100 yr floodplain and Critical Water Quality Zone. Access is restricted to SH 130 by a recorded control of access, and TxDOT has confirmed they will not consider releasing the control of access for a daily access point. The only option for access to the property is to build a bridge crossing over the existing waterway (Gilleland Creek Tributary 1C) on the southern portion of the site so that the development will have access to Parmer Lane. The site is located on an Imagine Austin corridor, and so LDC 25-8-262(D) allows a driveway to cross the CWQZ if necessary to develop the property. There is an existing access driveway on Parmer in the location of the proposed bridge, but future access will need to provide a drive that meets the Fire Departments (ESD #12) approval and Travis County design standards. As a result, the low cord of the bridge must be a minimum of 2 feet above the 100 yr water surface elevation of the floodplain. This requires filling in the floodplain to build the bridge approach and abutment at the required elevation above the floodplain, and also results in some additional grading in the floodplain and Critical Water Quality Zone to provide additional floodplain volume to offset the effect of the bridge. No adverse impacts to other properties are proposed with these improvements. To make this access connection, a variance to Land Development Code Section 30-5-261(G) to allow floodplain modification in the Critical Water Quality Zone is necessary. Exhibits showing the grading required in the floodplain and Critical Water Quality Zone to make the bridge connection are included with this submittal. This grading is necessary to City of Austin | Environmental Commission Variance Application Guide 4 Page 42 of 46 April 19, 2022 construct the bridge at an appropriate elevation above the floodplain and offset the floodplain volume displaced by the proposed bridge and abutments. The grading to offset the displaced volume is necessary to prevent rises in the floodplain elevation offsite. No adverse impacts to other properties are proposed. An additional variance to Land Development Code section Variance to 30-5-342 to allow fill over 4 feet is also required, however a separate variance submittal has been prepared and submitted for evaluation of that variance. FINDINGS OF FACT As required in LDC Section 30-5-41, 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: 8020 Parmer Lane/SH 130 NW Project Assessment Ordinance: Ord. 031211-11; Ord. 031211-42; Ord. 20131017-046; Ord. No. 20160922-048 , Pt. 8; Ord. No. 20170615-102 , Pt. 44, 6-15-17. Land Use Commission variance determinations from Chapter 30-5-41 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 : Without this variance, the site will not have any driveway access points for traffic to access the property. The site is undevelopable without an access point. There is a Restriction of Access recorded for SH 130, which TxDOT will not support lifting or modifying a full access driveway. The entirety of the Parmer frontage is located within the floodplain in existing conditions. Therefore, fill is required to build a bridge abutment and connecting drive approaches within the floodplain area. Cut is also required within the floodplain to offset the floodplain volume displaced by the bridge. There a no adverse impacts proposed to the floodplain elevations on adjacent properties with the proposed improvements, per the requirements of the code. City of Austin | Environmental Commission Variance Application Guide 5 A. 1. Page 43 of 46 April 19, 2022 2. The variance: a) b) c) 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: There is no development of any scale possible without a driveway access point. No driveway access point is achievable for this property without a variance for grading in the floodplain. Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; Yes : The minimum grading needed is proposed to build the bridge so that the low chord of the bridge is 2’ above the 100 yr water surface elevation of the 100 yr floodplain, as required for safe access by code. Additionally, two developments will use this access point as a joint use access drive, to limit the modification of the floodplain and environmental features along the property frontage. Does not create a significant probability of harmful environmental consequences. Yes: A flood study has been completed and reviewed by the City of Austin to prove no adverse impact to other properties. The bridge piers have been place to minimize the impact to the existing wetland CEFs, and a CEF mitigation and floodplain restoration plan has been proposed and reviewed by City of Austin staff. 3. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes: Full water quality treatment for the proposed impervious cover on site will be provided with the site plan. Water Quality treatment will be provided at the full measure required by the code. There is existing impervious cover on site and in the floodplain from which run off is not currently treated, the proposed development will remove this and full treat the proposed impervious cover. 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): The criteria for granting a variance in Subsection (A) are met; 1. City of Austin | Environmental Commission Variance Application Guide 6 B. Page 44 of 46 April 19, 2022 2. 3. Yes: The criteria for Subsection (A) are met, per the descriptive narratives provided in this document and the supporting exhibits The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; Yes: There is no development of any scale possible without a driveway access point. No driveway access point is achievable for this property without a variance. The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. Yes: The minimum grading needed is proposed to build the bridge so that the low chord of the bridge is 2’ above the 100 yr water surface elevation of the 100 yr floodplain, as required for safe access by code. Additionally, two developments will use this access point as a joint use access drive, to limit the modification of the floodplain and environmental features along the property frontage. **Variance approval requires all above affirmative findings. City of Austin | Environmental Commission Variance Application Guide 7 Page 45 of 46 April 19, 2022 A Exhibits for Commission Variance Aerial photos of the site Site photos Aerial photos of the vicinity Context Map—A map illustrating the subject property in relation to developments in the vicinity to include nearby major streets and waterways Topographic Map - A topographic map is recommended if a significant grade change on the subject site exists or if there is a significant difference in grade in relation to adjacent properties. For cut/fill variances, a plan sheet showing areas and depth of cut/fill with topographic elevations. Site plan showing existing conditions if development exists currently on the property Proposed Site Plan- full size electronic or at least legible 11x17 showing proposed development, include tree survey if required as part of site or subdivision plan Environmental Map – A map that shows pertinent features including Floodplain, CWQZ, WQTZ, CEFs, Setbacks, Recharge Zone, etc. An Environmental Resource Inventory pursuant to ECM 1.3.0 (if required by 25-8-121) Applicant’s variance request letter City of Austin | Environmental Commission Variance Application Guide 8 Page 46 of 46