17 SP-2025-0031C.SH - PSH Lifeworks at Tillery; District 3 - Staff Presentation — original pdf

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PSH – LifeWorks at Tillery SP-2025-0031C.SH Environmental Commission May 7, 2025 Heritage Tree Variance Request COMMISSION MEETING DATE: May 7th, 2025 NAME & NUMBER OF PROJECT: PSH – LifeWorks at Tillery, SP-2025-0031C.SH APPLICANT NAME: 3423 Tillery LLC LOCATION: 819 Tillery Street, Austin, TX, 78702 COUNCIL DISTRICT: District 3 STAFF: ORDINANCE: REQUEST: Naomi Rotramel, City Arborist, Development Services Department Heritage Tree Ordinance (LDC 25-8-641; LDC 25-8-643) The applicant is seeking the removal of a Heritage tree with a single stem over 30 inches in diameter. STAFF RECOMMENDATION: The request meets City Arborist approval criteria set forth in LDC 25-8-624(A)(2). The variance is recommended. Levels of Tree Ordinance Protection Land Development Code Approval Criteria Site and Project Description Site: • Zoned CS-MU-CO-MP: General Commercial Services, Mixed-Use Combining District, Conditional Overlay, and Neighborhood Plan Combining District • Located within the Boggy Creek watershed, classified as an urban watershed regulation area • The entire lot is 13 acres Project: • The site will be developed in three phases • The proposed development will consist of: • 120 SMART Housing Permanent Supportive Housing (PSH) units on a one-acre lease • 240 Units at or below 80% Median Family Income (MFI) • 240 additional units • Two multifamily residential buildings and a few adjacent retail buildings along with one major driveway entry to the site from Tillery Street • Mixed use residential building with a sub-surface parking garage along Lyons Road Land Use Commission Variance Request Lease Area Phase 1 – Permanent Supportive Housing • One (1) Land Use Commission Heritage Pecan tree that is not either dead, diseased, or imminent hazard. • Tree #3510 has a single stem with a diameter of 32 inches and is centrally located within the PSH lease area. Alternative Layouts Preserving Tree 3510 Preservation of 34 Heritage Trees Phase I, II, &III • Commitment to meet preservation criteria in Environmental Criteria Manual (ECM 3.5.2) of 34 Heritage Trees • One Heritage tree transplant Administrative Variances • Six trees deemed dead, diseased, or imminent hazard (DDI) by five City Arborist staff • Four trees in poor condition • Two trees in fair and good condition Heritage Tree #3510 • Existing unpermitted impacts and soil compaction Limb failure and multiple attachments • • Structural defects • Fair to poor condition Heritage Tree #3510 • Cavity at load-bearing attachment of several scaffold limbs Tree #3510 Previously failed large limbs 4-8”diameter throughout the canopy Tree # 3510 – Advanced Assessment - Crown ResiTM Resistance Drill readings showing suspected decay Tree # 3510 – Advanced Assessment - Trunk Mitigation for Removal • The Environmental Criteria Manual (ECM) standard is 300% mitigation for Heritage trees • Payment will be made to the Urban Forest Replenishment Fund (UFRF) at $75 per inch for certified affordable developments for a total of $7,200. Staff Recommendation Following review of the applicant’s submitted materials and an assessment of on-site conditions, the City Arborist recommends approval of the proposed tree removal. The applicant has demonstrated that retention of the subject tree would prevent reasonable use of the property based on the following considerations: • • • • • • The location of the tree and its impact on the proposed development layout; Physical and design constraints of the site; The proposed land use and the lessor’s reluctance to accept the tree if relocated due to limitation of developable area on the remaining 12 acres of the site; Project funding limitations that preclude increasing building height to accommodate the tree; The applicant is committing to preserve 34 Heritage trees in compliance with ECM Section 3.5.2; Exploration of alternative design layouts that were ultimately determined to be unfeasible. Furthermore, there are no identified waivers, variances, or code modifications available that would enable development to proceed while preserving the tree in question. Questions? ENVIRONMENTAL COMMISSION MOTION 20250507-004 Date: May 7, 2025 Subject: PSH – LifeWorks at Tillery, SP-2025-0031C.SH Location: 819 Tillery Street, Austin, TX, 78702 Motion by: Hanna Cofer Seconded by: Jennifer Bristol WHEREAS, the Environmental Commission recognizes the applicant is seeking removal of a Heritage tree with a stem greater than 30 inches in accordance with LDC § 25-8-643 and § 25-8- 624(A)(2); and WHEREAS, the Environmental Commission recognizes that the tree requested for removal is a 32-inch diameter Heritage pecan (Tree #3510), located within the one-acre lease area designated for Permanent Supportive Housing (PSH) on a 13-acre site; and WHEREAS, the Environmental Commission recognizes that the City Arborist rates the pecan tree as being in fair overall condition but with poor structural integrity, a moderate risk rating, and documented defects including large limb failures and a significant defect at the main branch union; and WHEREAS, the Commission acknowledges that on-site evaluations included a Resistograph analysis and private arborist climbing inspection that confirmed internal structural weaknesses at various heights along the trunk, despite no internal decay at the base; and WHEREAS, the Commission understands that the applicant demonstrated multiple constraints—including the tree’s central location in the buildable area, site design limitations, lack of feasible alternatives, and funding constraints for vertical development—that prevent reasonable use of the property if the tree is retained; and WHEREAS, the City Arborist has recommended approval of the variance request after determining that the criteria in LDC § 25-8-624(A)(2) have been met, and that no waivers or design modifications are available to reasonably preserve the tree; and WHEREAS, the applicant has committed to the preservation of other Heritage trees on site, in compliance with ECM Section 3.5.2, and will provide required mitigation through a payment of $7,200 to the Urban Forest Replenishment Fund in accordance with ECM standards for certified affordable housing developments; 1 THEREFORE, the Environmental Commission recommends approval of the requested variance with the following conditions: 1. The applicant shall submit and implement a Care Plan for the duration of the lease for the 34 preserved Heritage trees, including routine inspection, pruning, mulching, watering, and pest management, to ensure long-term health and viability. 2. The applicant shall coordinate with City of Austin Urban Forestry Program staff to identify and implement one-time improvements to existing or new streetscape trees as needed, within the public right-of-way adjacent to the project site. 3. Annual reports shall be submitted to City staff documenting tree care activities and conditions of preserved Heritage trees for the duration of the plan. 4. Follow all the Oak Wilt prevention best practices when caring for oak trees of all ages on the property 5. Work closely with City staff to utilize Urban Forest Replenishment Fund mitigation dollars to plant as many of the required mitigation trees on site as possible, prioritizing native and climate-resilient species and areas of the site that support long-term tree health and community benefit. 6. In partnership with community organizations or AISD, develop a youth-focused tree planting and education initiative. This program should include opportunities for local children to participate in planting and/or visiting the newly planted trees, fostering a long- term connection to urban forestry and environmental stewardship. 7. Develop on-site programming that tells the story of the existing pecan grove and celebrates the role of these trees in regional ecology and East Austin’s cultural history. VOTE 8-1 For: Jennifer Bristol, Hanna Cofer, Isabella Changsut, Annie Fierro, Justin Fleury, Ashika Ganguly, Haris Qureshi, Martin Luecke Against: Mariana Krueger, Abstain: Richard Brimer Absent: David Sullivan Approved By: Jennifer Bristol, Environmental Commission Chair 2