20260805-003, Great Wave - D Permit, SP-2026-0221D Staff Findings — original pdf

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Development Services Department Staff Recommendations Concerning Required Findings Project Name: Great Wave, SP-2026-0221D Ordinance Standard: Current code Variance Request: Request to vary from Land Development Code 25-8-341 to allow cut up to 20 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. The variance will not be providing a special privilege to the applicant. Other owners with similarly situated property with approximately contemporaneous development have received variances for cut and fill in order to construct very large industrial buildings for warehouse and manufacturing uses. 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 requested cut variance is necessary due to the operational requirements of the manufacturing facility proposed at the site, which will require a level floor for the various stages of a complex assembly line for advanced manufacturing. The scale of the project is in line with the supply demands for medical IV bag production and the building is sited on the portion of the site easily accessible to existing drive aisles and on slopes less than 15% in grade. In addition, the applicant will provide full tree mitigation on site and riparian zone restoration as conditions of the variance approvals. b. is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; and Yes. The cut proposed will be evenly split between each side of the building, allowing a balance of cut and fill across the site. The approximately 425,000 square foot building will extend 960 feet end to end across the site, which encompasses a large grade change of around 40 feet of elevation rise over that distance. c. Does not create a significant probability of harmful environmental consequences; and Yes. The proposed site plan will have robust erosion controls during construction to prevent erosion by utilizing large, rough-cut sedimentation basins to collect runoff and prevent sediment laden water from entering the adjacent tributary on the site. 3. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes. The proposed design adheres to all water quality requirements within city code and criteria and will result in water quality that is at least equal to water quality achievable without the variance. Site run-off will be collected in multiple water quality facilities downslope from the proposed building. The enhanced wetland plantings will serve to improve water quality for the tributary running along the eastern edge of the site. 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; Not applicable 2. 3. The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; Not applicable The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. Not applicable Staff Determination: Staff determines that the findings of fact have been met. Staff recommends the following conditions: 1. Tree mitigation requirements will be fully met by planting trees on site instead of paying into the Urban Forest Replenishment Fund. 2. 2.79 acres of riparian area will be enhanced with native, herbaceous plantings as shown on the landscape plan. 3. Livestock and any other agricultural uses will no longer be permitted in the detention pond areas of the site. 4. Grading with the proposed consolidated site plan associated with this project will not exceed the cut and fill limits shown on the exhibits provided with this variance request beyond necessary, incidental changes approved by City staff. Environmental Review Specialist Senior (DSD) Environmental Policy Program Manager (WPD) _____________________ Date: 07/27/2026 Brad Jackson _____________________________ John Clement Date: 07/27/2026 Environmental Officer (WPD) _____________________________ Liz Johnston Date: 07/28/2026 Development Services Department Staff Recommendations Concerning Required Findings Project Name: Great Wave, SP-2026-0221D Ordinance Standard: Current code Variance Request: Request to vary from Land Development Code 25-8-342 to allow fill up to 20 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. The variance will not be providing a special privilege to the applicant. Other owners with similarly situated property with approximately contemporaneous development have received variances for cut and fill in order to construct very large commercial buildings for warehouse and manufacturing uses. 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 requested fill variance is necessary due to the operational requirements of the manufacturing facility proposed at the site, which will require a level floor for the various stages of a complex assembly line for advanced manufacturing. The scale of the project is in line with the supply demands for medical IV bag production and the building is sited on the portion of the site easily accessible to existing drive aisles and on slopes less than 15% in grade. In addition, the applicant will provide full tree mitigation on site and riparian zone restoration as conditions of the variance approvals. b. is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; and Yes. The fill proposed will be evenly split between each side of the building, allowing a balance of cut and fill across the site. The approximately 425,000 square foot building will extend 960 feet end to end across the site, which encompasses a large grade change of around 40 feet of elevation rise over that distance. c. Does not create a significant probability of harmful environmental consequences; and Yes. The proposed site plan will have robust erosion controls during construction to prevent erosion by utilizing large, rough-cut sedimentation basins to collect runoff and prevent sediment laden water from entering the adjacent tributary on the site. 3. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes. The proposed design adheres to all water quality requirements within city code and criteria and will result in water quality that is at least equal to water quality achievable without the variance. Site run-off will be collected in multiple water quality facilities downslope from the proposed building. The enhanced wetland plantings will serve to improve water quality for the tributary running along the eastern edge of the site. 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; Not applicable 2. 3. The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; Not applicable The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. Not applicable Staff Determination: Staff determines that the findings of fact have been met. Staff recommends the following conditions: 1. Tree mitigation requirements will be fully met by planting trees on site instead of paying into the Urban Forest Replenishment Fund. 2. 2.79 acres of riparian area will be enhanced with native, herbaceous plantings. 3. Livestock and any other agricultural uses will no longer be permitted in the detention pond areas of the site. 4. Grading with the proposed consolidated site plan associated with this project will not exceed the cut and fill limits shown on the exhibits provided with this variance request beyond necessary, incidental changes approved by City staff. Environmental Review Specialist Senior (DSD) Environmental Policy Program Manager (WPD) _____________________ Date___07/27/2026_____ Brad Jackson _____________________________ John Clement Date ___07/27/2026___ Environmental Officer (WPD) _____________________________ Liz Johnston Date __07/30/2026____