10 SPC-2023-0110C - Stassney Park; District 2 Staff Variance — original pdf

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COMMISSION MEETING DATE: NAME & NUMBER OF PROJECT: NAME OF APPLICANT OR ORGANIZATION: ITEM FOR ENVIRONMENTAL COMMISSION AGENDA June 5, 2024 Stassney Park SPC-2023-0110C Nick Brown / Kimley-Horn LOCATION: 6200 E Stassney Lane, Austin, TX, 78744 COUNCIL DISTRICT: District 2 ENVIRONMENTAL REVIEW STAFF: Mike McDougal, Environmental Policy Program Manager, Development Services Department, 512-974-6380, mike.mcdougal@austintexas.gov WATERSHED: Williamson Creek, Suburban, Desired Development Zone REQUEST: Variance request is as follows: 1. To allow fill up to 23 feet within the Desired Development Zone (LDC 25-8-342) 2. To allow cut up to 24 feet within the Desired Development Zone (LDC 25-8-341) 3. To allow driveway construction on a gradient in excess of 15% (LDC 25-8-301) Page 2 of 2 STAFF RECOMMENDATION: Staff recommends these variances, having determined the findings of fact to have been met. STAFF CONDITIONS: 1. Parking lot trees shall have a minimum diameter of 2 inches. 2. Provide 25 additional street yard trees with a diameter of at least 3 inches each. 3. Increase wetlands plantings by 10% (based on the square footage of mitigation required) using plants approved by Watershed Protection Department. 4. All cut and fill over 8 feet will be contained with rock retaining walls with a natural stone surface. 5. Restoration plantings within the creek before and after the bypass culvert as approved Watershed Protection Department. 6. Increase plantings in disturbed Critical Water Quality Zone areas by 50% as minimally required by 609S in the vicinity of the bridge abutments as indicated in the site plan. The 50% requirement can be addressed by providing a larger mitigation area or by providing more dense plantings. 7. A tree-shaded outdoor seating area will be provided to encourage employees to take breaks on-site rather than driving to other locations.  A. Development Services Department Staff Recommendations Concerning Required Findings Project Name: Stassney Park SPC-2023-0110C Ordinance Standard: Watershed Protection Ordinance Variance Request: To allow fill up to 23 feet within the Desired Development Zone (LDC 25-8-342) Land Use Commission variance determinations from Chapter 25-8-41 of the City Code: 1. The requirement will deprive the applicant of a privilege, or the safety of property given to owners of other similarly situated property with approximately contemporaneous development; Yes: Stassney Park proposes 313,062 square feet of warehouse space with a consistent floor elevation, as well as loading docks, fire lanes, and parking that will be constructed at elevations appropriate for the warehouse finished floor elevation. Similarly situated properties with similar development type and subject to the same code requirement have received variances for grading in excess of four feet. The building type, layout, and design features are based on the needs of the industrial building use, including shipping, and receiving. This layout is like other such facilities in the Austin Area. 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 materials handling needs of the warehousing process and inclusion of a large storage areas within the warehouse require a uniform finished floor elevation. Grading over 4 feet is also necessary to construct 4 foot high docks. The finished floor elevation was based on: • the presence of wetland plants, Critical Water Quality Zones, and slopes over 15 percent; • maintaining circulation; and  • minimizing truck court slopes to provide for maneuverability. Fill over 4 feet is necessary to match construction beyond building footprints (such as drive aisles and truck maneuver areas) with building elevations. Greater environmental protection than is achievable without the variance will be accomplished by providing increased landscaping, increased creek restoration, and increased Critical Water Quality Zone restoration. 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: Large, industrial manufacturing warehouses are a reasonable use for this property located along a growing manufacturing corridor. The variance is also the minimum deviation necessary to properly convey stormwater to water quality and detention ponds. In addition, the project has undergone redesigns to reduce the magnitude and of the grading variances. c. Does not create a significant probability of harmful environmental consequences; Yes: The development process does not pose a probability of harmful environmental consequences. Temporary and permanent erosion and sedimentation controls, including structural containment, will contain sediment in accordance with Code and Criteria requirements. 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 variance will result in water quality that is at least equal to the water quality achievable without the variance. The proposed design meets all water quality requirements stipulated in the Land Development Code. Structural containment of all grading over 8 feet is provided. Staff Determination: Staff determines that the findings of fact have been met. Staff recommends the conditions described on the variance coversheet. and Environmental Reviewer (DSD) Environmental Review Manager (DSD) Interim Environmental Officer (WPD) Enrique A Maiz-Torres _____________________________ (Mike McDougal) _____________________________ (Liz Johnston) Date: 5/14/2024 Date: 5/16/2024 Date: 05/22/2024  A. Development Services Department Staff Recommendations Concerning Required Findings Project Name: Stassney Park SPC-2023-0110C Ordinance Standard: Watershed Protection Ordinance Variance Request: To allow cut up to 24 feet within the Desired Development Zone (LDC 25-8-341) Land Use Commission variance determinations from Chapter 25-8-41 of the City Code: 1. The requirement will deprive the applicant of a privilege, or the safety of property given to owners of other similarly situated property with approximately contemporaneous development; Yes: Stassney Park proposes 313,062 square feet of warehouse space with a consistent floor elevation, as well as loading docks, fire lanes, and parking that will be constructed at elevations appropriate for the warehouse finished floor elevation. Similarly situated properties with similar development type and subject to the same code requirement have received variances for grading in excess of four feet. The building type, layout, and design features are based on the needs of the industrial building use, including shipping, and receiving. This layout is like other such facilities in the Austin Area. 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 materials handling needs of the warehousing process and inclusion of a large storage areas within the warehouse require a uniform finished floor elevation. Grading over 4 feet is also necessary to construct 4 foot high docks. The finished floor elevation was based on: • the presence of wetland plants, Critical Water Quality Zones, and slopes over 15 percent; • maintaining circulation; and • minimizing truck court slopes to provide for maneuverability.  Cut over 4 feet is necessary to match construction beyond building footprints (such as drive aisles and parking areas) with building elevations. Greater environmental protection than is achievable without the variance will be accomplished by providing increased landscaping, increased creek restoration, and increased Critical Water Quality Zone restoration. 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: Large, industrial manufacturing warehouses are a reasonable use for this property located along a growing manufacturing corridor. The variance is also the minimum deviation necessary to properly convey stormwater to water quality and detention ponds. In addition, the project has undergone redesigns to reduce the magnitude and of the grading variances. c. Does not create a significant probability of harmful environmental consequences; Yes: The development process does not pose a probability of harmful environmental consequences. Temporary and permanent erosion and sedimentation controls, including structural containment, will contain sediment in accordance with Code and Criteria requirements. 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 variance will result in water quality that is at least equal to the water quality achievable without the variance. The proposed design meets all water quality requirements stipulated in the Land Development Code. Structural containment of all grading over 8 feet is provided. Staff Determination: Staff determines that the findings of fact have been met. Staff recommends the conditions described on the variance coversheet. Environmental Reviewer (DSD) Environmental Review Manager (DSD) Interim Environmental Officer (WPD) Enrique A Maiz-Torres _____________________________ (Mike McDougal) _____________________________ (Liz Johnston) Date: 5/14/2024 Date: 5/16/2024 Date 05/22/2024 and  A. Development Services Department Staff Recommendations Concerning Required Findings Project Name: Stassney Park SPC-2023-0110C Ordinance Standard: Watershed Protection Ordinance Variance Request: To allow driveway construction on a gradient in excess of 15% (LDC 25-8-301) Land Use Commission variance determinations from Chapter 25-8-41 of the City Code: 1. The requirement will deprive the applicant of a privilege or the safety of property given to owners of other similarly situated property with approximately contemporaneous development; Yes: Stassney Park proposes warehouse space with a consistent floor elevation. Similarly situated properties with similar development type and subject to the same code requirement have received variances for driveway construction on slopes over 15%. The building type, layout, and design features are based on the needs of the industrial building use, including shipping, and receiving. This layout is like other such facilities in the Austin Area. 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: Based on existing conditions, steep slopes are present along the ROW frontage and steep slopes also transect the site. It is infeasible to develop the property without the construction of driveways on slopes in excess of 15%. 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: Driveways are necessary to provide for a reasonable use of property. Industrial development requires driveways that accommodate large vehicles. Additionally, the construction of industrial manufacturing warehouses is a reasonable use for this property located along a growing  manufacturing corridor. The construction on slopes are the minimum necessary to achieve connectivity. c. Does not create a significant probability of harmful environmental consequences; Yes: The project has been designed to incorporate and enhance a recently discovered wetland critical environmental feature and to provide enhanced revegetation. 3. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. and Yes: The variance will result in water quality that is at least equal to the water quality achievable without the variance. The proposed design meets all water quality requirements stipulated in the Land Development Code. Structural containment of all grading over 8 feet is provided. Staff Determination: Staff determines that the findings of fact have been met. Staff recommends the conditions described on the variance coversheet. Environmental Reviewer (DSD) Environmental Review Manager (DSD) Interim Environmental Officer (WPD) Enrique A Maiz-Torres _____________________________ (Mike McDougal) _____________________________ (Liz Johnston) Date: 5/14/2024 Date: 5/16/2024 Date: 05/22/2024