20260401-003, SP-2024-0381C.SH Rundberg Multifamily Staff Findings of Fact — original pdf

Backup

Austin Watershed Protection Staff Recommendations Concerning Required Findings Project Name: Rundberg Multifamily, SP-2024-0381C.SH Ordinance Standard: Watershed Protection Ordinance (current code) Variance Request: • Request to vary from LDC 25-8-261 (G) to allow floodplain modification in a Critical Water Quality Zone (CWQZ) • Request to vary from LDC 25-8-263(C)(3) to allow floodplain modification outside of a CWQZ in an area determined to be in Good 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 project proposes 199 units of affordable housing facilitated through the SMART Housing and Affordability Unlocked programs. The site is uniquely situated on an Imagine Austin growth corridor and adjacent to a public elementary school. The on-site parking needed to serve the high density of affordable housing proposed necessitates expanding the development footprint into the floodplain and further modification of the floodplain, including a small portion of Critical Water Quality Zone (CWQZ), to compensate for the displaced flood volume. The site is further constrained by fire lane requirements for the adjacent shared private driveway which prohibits street parking on the driveway. 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 project will reduce the total width of the floodplain but improves environmental protection by 1) benching a portion of the remaining floodplain, 2) increasing the density and diversity of native vegetation, 3) removing the dominant invasive understory vegetation, and 4) provide additional protection by installing a native bunchgrass hedgerow at the stormwater outfall. 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 The project proposes 199 units of affordable housing facilitated through the SMART Housing and Affordability Unlocked programs. The site is uniquely situated on an Imagine Austin growth corridor and adjacent to a public elementary school. The on-site parking needed to serve the high density of affordable housing proposed necessitates expanding the development footprint into the floodplain and further modification of the floodplain, including a small portion of Critical Water Quality Zone (CWQZ), to compensate for the displaced flood volume. The site is further constrained by fire lane requirements for the adjacent shared private driveway which prohibits street parking on the driveway. c. Does not create a significant probability of harmful environmental consequences; and Yes The project minimizes the potential for environmental consequences by reducing the overall width of the floodplain while improving floodplain health in the remaining portions and minimizing impacts to the CWQZ. 3. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes Standard water quality facilities will be provided and the floodplain modifications have been designed to minimize the potential for sediment impacts to the creek during construction. 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 The project proposes 199 units of affordable housing facilitated through the SMART Housing and Affordability Unlocked programs. The site is uniquely situated on an Imagine Austin growth corridor and adjacent to a public elementary school. The on-site parking needed to serve the high density of affordable housing proposed necessitates expanding the development footprint into the floodplain and further modification of the floodplain, including a small portion of Critical Water Quality Zone (CWQZ), to compensate for the displaced flood volume. The site is further constrained by fire lane requirements for the adjacent shared private driveway which prohibits street parking on the driveway. 3. The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. Yes The project proposes 199 units of affordable housing facilitated through the SMART Housing and Affordability Unlocked programs. The site is uniquely situated on an Imagine Austin growth corridor and adjacent to a public elementary school. The on-site parking needed to serve the high density of affordable housing proposed necessitates expanding the development footprint into the floodplain and further modification of the floodplain, including a small portion of Critical Water Quality Zone (CWQZ), to compensate for the displaced flood volume. The site is further constrained by fire lane requirements for the adjacent shared private driveway which prohibits street parking on the driveway. Staff Determination: Staff determines that the findings of fact have been met. Staff recommends with the following conditions: 1. Restoration of 0.67 acres of floodplain to include: a. Native seeding throughout the restoration area b. Invasive plant removal throughout the restoration area c. Planting of 0.22 acres of the restoration area with native trees and shrubs to improve canopy cover d. Installation of a bunchgrass hedgerow at the stormwater outfall to reduce erosion risk and facilitate infiltration 2. Floodplain modification must minimize impacts to the Critical Water Quality Zone 3. Floodplain modification must improve engagement of the floodplain during smaller storm events 4. Payment of $119,403 into the Riparian Zone Mitigation Fund Wetland Biologist / Hydrogeologist Reviewer (WPD) _____________________________ John Clement Date 3/13/26 Environmental Officer (WPD) _____________________________ Liz Johnston Date 03/25/2026