20250806-002: RBI Austin Youth Development Complex Coversheet and Findings of Fact — original pdf

Backup

ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: August 6, 2025 NAME & NUMBER OF PROJECT: NAME OF APPLICANT OR ORGANIZATION: RBI Austin Youth Development Complex, SP-2022-0567C Katherine Lauer 9442 N Capital of Texas Hwy, Plaza I, Suite 340 Austin, TX, 78759 LOCATION: 7401 Loyola Lane, Austin, TX COUNCIL DISTRICT: District 1 ENVIRONMENTAL REVIEW STAFF: WATERSHED: REQUEST: Eric Brown, Environmental Scientist Senior, 512-797-3139 Eric.brown@austintexas.gov Watershed Protection Department and Mike McDougal, Environmental Policy Program Manager, 512-974-6380 mike.mcdougal@austintexas.gov Development Services Department Walnut Creek Watershed Suburban Classification Desired Development Zone 1. Request to vary from LDC 25-8-261(G) to allow floodplain modification within a Critical Water Quality Zone; 2. Request to vary from LDC 25-8-263 to allow floodplain modification outside of a Critical Water Quality Zone that is in good floodplain health condition; 3. Request to vary from LDC 25-8-341 to allow cut up to 8 feet; and 4. Request to vary from LDC 25-8-342 to allow fill up to 8 feet. Page 2 of 2 STAFF RECOMMENDATION: Staff recommends these variances, having determined the findings of fact to have been met. STAFF CONDITIONS: Staff recommends the following conditions as shown on the provided exhibit: 1. Provide 1.55 acres of floodplain restoration 2. Provide 4.13 acres of floodplain mitigation 3. Pay $312,625.84 into the Riparian Zone Mitigation Fund 4. Place 4.74 acres of floodplain and 3.80 acres of environmentally sensitive land into conservation easement 5. Provide 0.63 acres of wildflower meadow in detention ponds 6. Provide an additional 0.62 acres of restoration within the conservation easement, outside of the floodplain Watershed Protection Department Staff Recommendations Concerning Required Findings Project Name: RBI Austin Youth Development Complex, SP-2022-0567C Ordinance Standard: Watershed Protection Ordinance (current code) Variance Request: Request to vary from LDC 25-8-261(G) to allow floodplain modification within the Critical Water Quality Zone (CWQZ) and from 25-8-263 to allow floodplain modification outside of a CWQZ that is in good floodplain health condition 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 other similarly situated property with approximately contemporaneous development; Yes The site proposes a baseball field, softball field, small building, associated drives & parking, and required water quality controls. The site is located along an Imagine Austin Comprehensive Plan Corridor, which allows a necessary crossing within the Critical Water Quality Zone (CWQZ) per section 25-8-262 of Title 25 in the City of Austin Land Development Code. This variance will allow access to and development of the southern half of the subject tract similar to the other properties along the Imagine Austin Corridor. This site is constrained to the proposed driveway location due to the existing wetland Critical Environmental Feature (CEF) buffer that occupies much of the eastern portion of the site, a hazardous pipeline setback along Loyola Ln, regulated waterways running east to west through the middle of the site, and a heritage tree located within 100 feet of a classified waterway on- site. The proposed crossing will be in the form of a bridge that spans the creek but must form a Y within the CWQZ to preserve two protected trees. The impacts of the bridge on the 100-year fully developed floodplain requires grading modification within the CWQZ to provide safe access above the 100-year floodplain elevation to the southern half of the site. The floodplain modification within the CWQZ required to preserve the heritage tree and construct the bridge impacts the grading within the floodplain. The site plan layout is limited by the existing environmental features on the site which includes multiple waterways (creeks), a heritage tree, wetland CEF setbacks, Erosion Hazard Zone (EHZ), and CWQZ. According to the Functional Assessment of Floodplain Health, the area of floodplain proposed for modification is currently in good condition. 2. The variance: a. Is not based on a condition caused by the method chosen by the applicant to develop the property, unless the development method provides greater overall environmental protection than is achievable without the variance; Yes The variance is necessitated to provide pedestrian and vehicular access into the site from the public right-of-way and Imagine Austin Corridor on Loyola Lane. Access will be provided via a driveway from Loyola Lane that crosses the creek via a bridge through the site in a way that preserves an existing heritage and protected tree and reduces impacts to the greatest extent possible to the CEF buffer, EHZ, floodplain, and CWQZ. The above constraints limit the location of the crossing as well as its Y shape configuration. The protected tree and heritage tree are adjacent to each other. Both are located south of the waterway and outside of the CEF buffer meaning that it resides in the limited area where proposed site improvements are allowed. There is not an alternative route around the classified waterway to access the southern half of the site due to the classified waterway running east to west across the entire site. The only public right-of-way is located along the northern site border. There is an existing City of Austin property to the east, and the properties to the south and west are privately owned with a residential use b. Is the minimum change necessary to avoid the deprivation of a privilege given to other property owners and to allow a reasonable use of the property; and Yes This site is constrained to the proposed driveway location due to the existing CEF buffer that occupies much of the eastern portion of the site, a hazardous pipeline setback along Loyola Ln, regulated waterways running east to west through the middle of the site, and a heritage tree located within 100 feet of a classified waterway on-site. The proposed crossing will be in the form of a bridge that spans the creek but must form a Y within the CWQZ to preserve the two protected trees. The impacts of the bridge on the 100-year fully developed floodplain requires grading modification within the CWQZ to provide safe access above the 100-year floodplain elevation to the southern half of the site. The floodplain modification within the CWQZ required to preserve the heritage tree and construct the bridge impacts the grading within the floodplain. The site plan layout is limited by the existing environmental features on the site which includes multiple waterways (creeks), a heritage tree, wetland CEF setbacks, EHZ, and CWQZ. According to the Functional Assessment of Floodplain Health, the area of floodplain proposed for modification is currently in good condition. c. Does not create a significant probability of harmful environmental consequences; and Yes The crossing location provides minimal impacts to the environmental aspects of the site. The heritage tree and protected trees are allowed to remain, and there is <1% of proposed net fill of the existing floodplain volume per the Floodplain requirements. The crossing and floodplain modifications do not have any adverse effects on the off-site floodplain. The disturbed area will be revegetated. A riparian restoration plan is proposed for the floodplain modifications caused by the crossing & bridge impacts. Additionally, 4.74 acres of floodplain and 3.80 acres of environmentally sensitive land on the adjacent tract will be dedicated as a conservation easement. Any restoration or mitigation that cannot be provided on-site will be paid into the Riparian Zone Mitigation Fund per the standards in Environmental Criteria Manual (ECM) Section 1.7.5. 3. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes Development with the variance will not have any foreseeable effects on water quality. Runoff being conveyed to the floodplain will be treated by passing through ECM-compliant stormwater quality measures. The Land Use Commission may grant a variance from a requirement of Article 7, Division 1 (Waterway and Floodplain Protection), after determining that: B. Additional Land Use Commission variance determinations for a requirement of Article 7, Division 1 (Waterway and Floodplain Protection): 1. The criteria for granting a variance in Subsection (A) are met; Yes 2. The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; Yes This site is constrained to the proposed driveway location due to the existing CEF buffer that occupies much of the eastern portion of the site, a hazardous pipeline setback along Loyola Ln, regulated waterways running east to west through the middle of the site, and a heritage tree located within 100 feet of a classified waterway on-site. The proposed crossing will be in the form of a bridge that spans the creek but must form a Y within the CWQZ to preserve the two protected trees. The impacts of the bridge on the 100-year fully developed floodplain requires grading modification within the CWQZ to provide safe access above the 100-year floodplain elevation to the southern half of the site. The floodplain modification within the CWQZ required to preserve the heritage tree and construct the bridge impacts the grading within the floodplain. The site plan layout is limited by the existing environmental features on the site which includes multiple waterways (creeks), a heritage tree, wetland CEF setbacks, EHZ, and CWQZ. According to the Functional Assessment of Floodplain Health, the area of floodplain proposed for modification is currently in good condition. 3. The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. Yes This site is constrained to the proposed driveway location due to the existing CEF buffer that occupies much of the eastern portion of the site, a hazardous pipeline setback along Loyola Ln, regulated waterways running east to west through the middle of the site, and a heritage tree located within 100 feet of a classified waterway on-site. The proposed crossing will be in the form of a bridge that spans the creek but must form a Y within the CWQZ to preserve the two protected trees. The impacts of the bridge on the 100-year fully developed floodplain requires grading modification within the CWQZ to provide safe access above the 100-year floodplain elevation to the southern half of the site. The floodplain modification within the CWQZ required to preserve the heritage tree and construct the bridge impacts the grading within the floodplain. The site plan layout is limited by the existing environmental features on the site which includes multiple waterways (creeks), a heritage tree, wetland CEF setbacks, EHZ, and CWQZ. According to the Functional Assessment of Floodplain Health, the area of floodplain proposed for modification is currently in good condition. Staff Determination: Staff determines that the findings of fact have been met. Staff recommends the following conditions as shown on the provided exhibit: 1. Provide 1.55 acres of floodplain restoration 2. Provide 4.13 acres of floodplain mitigation 3. Pay $312,625.84 into the Riparian Zone Mitigation Fund 4. Place 4.74 acres of floodplain and 3.80 acres of environmentally sensitive land into conservation easement 5. Provide 0.63 acres of wildflower meadow in detention ponds 6. Provide an additional 0.62 acres of restoration within the conservation easement, outside of the floodplain Wetland Biologist (WPD) _____________________________ Eric Brown Date 7/17/25 Environmental Policy Program Manager (WPD) _____________________________ John Clement Date 7/17/25 Interim Environmental Officer (WPD) _____________________________ Liz Johnston Date 07/22/25 Development Services Department Staff Recommendations Concerning Required Findings Project Name: RBI AUSTIN YOUTH DEVELOPMENT COMPLEX Ordinance Standard: Watershed Protection Ordinance (current Code) Variance Request: Request to vary from LDC 25-8-341 and 342 to allow grading up to 8 feet 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 other similarly situated property with approximately contemporaneous development subject to similar code requirements; Yes – other similarly situated property with approximately contemporaneous development has access from the public ROW to the reasonably buildable portions of their property. The grading variance requests are necessary to allow ROW access across the classified waterway and 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 – the site has notable design considerations including a Critical Water Quality Zone, a floodplain, a Critical Environmental Feature buffer, heritage tree preservation, and a hazardous pipeline setback. The applicant has worked with City Staff to investigate other means of ROW access; no means of access providing greater Code compliance is feasible. Additionally, the applicant has redesigned to reduce the magnitude of the variances – the maximum depth of grading has been decreased from approximately 15 feet to 8 feet. b. is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; and Yes – the applicant has redesigned the site to minimize the scope and magnitude of the grading variances requested while still accessing the buildable portion of the land from the ROW. c. Does not create a significant probability of harmful environmental consequences; and Yes – the project has been designed to minimize the variance requests, and to maximize heritage tree preservation. Additionally, a riparian restoration plan is proposed for the floodplain construction impacts. Any restoration or mitigation that cannot be provided on-site will be paid into the Riparian Restoration fund per the standards in Section 1.7.5 of the Environmental Criteria Manual. 3. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes - erosion / sedimentation control will be in place during construction, water quality / detention ponds are designed and will be constructed in compliance with COA regulations. Additionally, the watershed impervious cover limit is 80%; the applicant proposes approximately 30% impervious cover. The Land Use Commission may grant a variance from a requirement of Article 7, Division 1 ( Critical Water Quality Zone Restrictions ), after determining that: 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), Section 25-8-482 (Water Quality Transition Zone), Section 25-8-652 (Restrictions on Development Impacting Lake Austin, Lady Bird Lake, and Lake Walter E. Long), or Article 7, Division 1 (Critical Water Quality Zone Restrictions): 1. The criteria for granting a variance in Subsection (A) are met; N/A 2. 3. 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 conditions will be presented by the Wetlands Biologist. Environmental Review Specialist Senior (DSD) ____________________________ Date: July 14, 2025 Mike McDougal Environmental Policy Program Manager (DSD) Interim Environmental Officer (WPD) ____________________________ Mike McDougal Date: July 14, 2025 ____________________________ Liz Johnston Date: July 22, 2025 LOYOLA LANE INT# 7964 DETENTION POND 1 N E D R A G N A R I DETENTION POND 2 DETENTION POND 3 BIOFILTRATION POND 1 I N O T A R T L I F EDUCATION 2,189 SF FFE: 498.98 OFFICE 2,189 SF FFE: 498.98 RECREATIONAL 2,189 SF FFE: 498.98 FIRE ROOM COVERED PRACTICE FIELD 30,516 SF FFE: 499.75 INT# 7965 INT# 29431 LOYOLA LANE I N O S V E R I 2 9 5 2 - 8 9 2 ) 2 1 5 ( x a F 4 8 2 3 - 8 9 2 ) 2 1 5 ( . l e T 5 2 0 2 t h g i r y p o C © C L L , C M E a z r a G 9 2 6 4 1 - F # E P B T 5 3 7 8 7 s a x e T , n i t s u A 5 2 1 e t i u S , . l d v B o t l i a R 8 0 7 7 CEF BUFFER DETENTION POND MITIGATION AREA 07/23/2025 . O N E T A D EXISTING PROPOSED DESCRIPTION LEGEND / I N O T A T N E M D E S I 1 D N O P BASEBALL FIELD 101,352 SF F F E : P R E S S 5 7 5 5 0 2 . 5 0 S F B O X 1 3 5 S F , D U G F F E : 4 9 7 O U T 1 . 2 5 DUG OUT 2 135 SF, FFE: 498.85 DOOLEY TRAIL FOR CITY USE ONLY: WEST TRACT FLOODPLAIN MODIFICATION OUTSIDE CWQZ 17,269 SF 0.396 AC FLOODPLAIN MODIFICATION INSIDE CWQZ 63,421 SF 1.456 AC FLOODPLAIN RESTORATION AREA INSIDE CWQZ 35,070 SF 0.805 AC FLOODPLAIN RESTORATION AREA OUTSIDE CWQZ 5,782 SF 0.133 AC I I I N O T A G T M N A L P D O O L F I N A L P X E L P M O C T N E M P O L E V E D D L I H C N T S U A I I B R E N A L A L O Y O L 1 0 4 7 I S E T R E P O R P E T A L P E M O H 1 0 0 0 0 - 6 1 6 3 1 1 : . O N T C E J O R P : Y B D E N G S E D I : Y B N W A R D : C Q / A Q SHEET 37 63 OF M P 2 2 : 6 5 2 , 5 1 l u J n o w e h e a y b l I I I d e i f i d o m g w d . N O T A G T M D O O L F - 1 0 0 0 0 - 6 1 6 3 1 1 \ D A C - 0 0 \ l i i \ v C 1 0 0 0 0 - 6 1 6 3 1 1 \ : SP 2022-0567C V ECM APPENDIX Q-7 OPTION 1 WORKSHEET CALCULATION FOR PAYMENT INTO THE RIPARIAN ZONE MITIGATION FUND A. OWNER/AGENT INFORMATION: Name: Company: Telephone: Matt Price Home Plate Properties 512-992-3867 B. PROJECT INFORMATION Fax: Name: Location or Address: Permit Number: Case Manager: RBI Austin Child Development Complex 7401 Loyola Lane Christine Barton-Holmes C. MITIGATION REQUIRED Area Modified within the 100-Year Floodplain: Area Disturbed by a Parallel Utility within the CWQZ: (on the West Tract) 1.852 (ac.) 0 (ac.) Ratio Applied (circle): 1:1 2:1 3:1 4:1 6:1 8:1 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. Mitigation Required: Outside CWQZ= Inside CWQZ= 0.396 1.456 (ac.) x4 (ac.) x8 Total: 13.234 (ac.) D. PAYMENT CALCULATION Mitigation Land Provided by Applicant: 0.938 (West Tract Restoration) + 4.742 (East Tract Mitigation Land) 5.680 (ac.) 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 Mitigation by Payment: 7.554 (ac.) Base Fee: Annual Adjustment Factor: $ 15,000.00 7% beginning October 1, 2008 Mitigation by Payment (ac.) x Adjusted Fee = $ $ 41,385.47 312,625.84 Adjusted Fee: Total Fee: E. AUTHORIZATION Owner/Agent: Reviewed by: For the Director of the Planning and Development Review Department