B-05 (SP-2020-0038C - Concordia University Campus Residence Hall; District 6)_Part1.pdf — original pdf

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ZAP COMMISSION DATE: 12/15/20 SITE PLAN REVIEW SHEET ENVIRONMENTAL VARIANCE REQUEST ONLY AGENT: Brandon Hamman, P.E., LEED AP CASE: SP-2020-0038C PROJECT NAME: Concordia University Campus Residence Hall APPLICANT: Concordia University ADDRESS OF SITE: 11400 Concordia University Drive, 78726 COUNTY: WATERSHED: Bull Creek, Water Supply Suburban EXISTING ZONING: R&D-PDA PROPOSED DEVELOPMENT: Residence hall, associated parking lot and improvements. DESCRIPTION OF VARIANCE: The applicant requests the following: Request to vary from Lake Austin Watershed Ordinance No. 840301-F: JURISDICTION: Full Purpose AREA: 360.8 acres Travis - Section 9-10-409(a) – for a fill exceeding four feet - Section 9-10-409(b) – for a cut exceeding four feet STAFF RECOMMENDATION: Staff recommends that the required findings of fact have been met. ENVIRONMENTAL BOARD ACTION: 11/20/2020: The Environmental Board voted in (8) favor, (0) against, (1) recusal, (1) absentia ZONING AND PLATTING COMMISSION ACTION: ENVIRONMENTAL REVIEW STAFF: Kristy Nguyen, Environmental Review Specialist Senior, Development Services Department PHONE: 512-974-3035 CASE MANAGER: Renee Johns, Senior Planner, Development Services Department PHONE: 512-974-2711 1 of 34B-5ENVIRONMENTAL COMMISSION MOTION 20201120 003a Subject: Concordia University Campus Residence Hall, SP-2020-0038C Motion by: Katie Coyne Seconded by: Wendy Gordon Date: November 20, 2020 RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting a variance from the Lake Austin Watershed Ordinance No. 840301-F, LDC Chapter 9-10, Section 9-10-409(b) - for a cut exceeding four feet; WHEREAS, the Environmental Commission recognizes the applicant is requesting a variance from Lake Austin Watershed Ordinance No. 840301-F, LDC Chapter 9-10, Section 9-10-409(a) – for fill exceeding four feet; and WHEREAS, the Environmental Commission recognizes that staff recommends these variances (with conditions) having determined the required Findings of Fact have been met. THEREFORE, the Environmental Commission recommends the variance request with the following; Staff Conditions: 1. Subject to the Void and Water Flow Mitigation Rule (City Environmental Criteria Manual 1.12.0 and City Standards Specification Manual No. 658S) provision that all trenching greater than 5 feet deep must be inspected by a qualified Texas Professional Geoscientist or their representative; 2. Preserve the top 10 inches of topsoil to be used onsite; and 3. Increased tree mitigation and landscaping for areas of fill to stabilize erosion as shown on landscape plan submitted in this variance packet. VOTE 8-0 For: Gordon, Nill, Neely, Bedford, Thompson, Smith, Guerrero, Coyne Against: None Abstain: None Recuse: Ramberg Absent: Creel, Maceo 1 2 of 34B-5Approved By: Linda Guerrero, Environmental Commission Chair 2 3 of 34B-5 Staff Findings of Fact and Exhibits 4 of 34B-5 Development Services Department Staff Recommendations Concerning Required Findings Concordia University Campus Residence Hall, SP-2020-0038C Project Name: Ordinance Standard: Schlumberger Planned Development Area, Ordinance No. 20070215-042 (as amended) and Lake Austin Watershed Ordinance No. 840301-F, as stated in the Planned Development Area Section 9-10-409(a) – for a fill exceeding four feet Variance Request: Include an explanation with each applicable finding of fact. A. City Code: Land Use Commission variance determinations from Section 9-10-377 of the 1. 2. In site plan case #SP-2007-0231C, a variance to Lake Austin Are there special circumstances applicable to the property involved where strict application deprives such property owner of privileges or safety enjoyed by other similarly situated property with similarly timed development? Yes Ordinance #840301-F, Sections 9-10-409(a) and 9-10-409(b) was granted for a max cut of +/-5.8’ and a max fill of +/- 17.5’ to construct a parking area, baseball field, and fieldhouse. Thereafter, a variance to vary from the same code sections was granted for a max cut of +/-9.25’ and a max fill of +/- 14.85’ to construct a water quality and detention facility, a water quality channel, a softball field, and associated parking in site plan case #SP-2013-0476C. Does the project demonstrate minimum departures from the terms of the ordinance necessary to avoid such deprivation of privileges enjoyed by such other property and to facilitate a reasonable use, and which will not create significant probabilities of harmful environmental consequences? Yes The variance is the minimum departure necessary to avoid the deprivation of privileges enjoyed by such other property and to allow for the University to construct a residence hall and associated improvements in accordance with the allowable land use and which will not create 5 of 34B-5significant probabilities of harmful environmental consequences. The residence hall and associated improvements are located on a site with subtle topography and encompassed by existing development. The residence hall and associated improvements are positioned at the intersection of Kilian Road and Studtmann Court and are constructed to meet the elevation of the existing driveways and sidewalks for connectivity and access. As such, there is a six foot change in grade between the existing topography at the rear of the building and the finished floor elevation. Ergo, fill between four and eight feet is necessary to prevent a dramatic change in grade from the building to the courtyard and to meet ADA requirements. For the associated residence hall loading and unloading driveway off of Studtmann Court, fill between four and five is necessary to match the existing grade of Studtmann Court. To alleviate the amount of fill, terracing techniques, tree wells, and retaining walls are incorporated in the design of the courtyard and adjacent driveway. Moreover, a portion of the building has been set to a lower finished floor elevation where grades are naturally downslope to further reduce the amount of fill. The proposal does not provide special privileges not enjoyed by other similarly situated properties with similarly timed development, and is not based on a special or unique condition which was created as a result of the method by which a person voluntarily subdivided land after October 20, 1983. Yes The proposal does not provide special privileges not enjoyed by other similarly situated properties with similarly timed development and it is not based on a special or unique condition which was created as a result of the method by which a person voluntarily subdivided land after October 20, 1983. The Concordia property is currently subdivided into two large lots. Lot 1 being +/- 53 acres and Lot 2 being +/- 383 acres with the proposed development being on Lot 2. A variance to Section 9- 10-409(a) for fill exceeding four feet was not necessitated due to the subdivision of the property. 3. Staff Determination: Staff determines that the findings of fact have been met. Staff recommends the following conditions: 1) Subject to the Void and Water Flow Mitigation Rule (City Environmental Criteria Manual 1.12.0 and City Standard Specification Manual No. 658S) provision that all trenching greater than 5 feet deep must be inspected by a Texas Professional Geoscientist or their representative; 2) Preserve top 10 inches of topsoil to be used onsite; and 3) Increased tree mitigation and landscaping for areas of fill to stabilize erosion as shown on landscape plan submitted in this variance packet 6 of 34B-5 Environmental Reviewer (DSD) Environmental Review Manager (DSD) Environmental Officer (WPD) Mike McDougal Date 10-21-2020 10-21-2020 10-23-2020 7 of 34B-5 Development Services Department Staff Recommendations Concerning Required Findings Concordia University Campus Residence Hall, SP-2020-0038C Project Name: Ordinance Standard: Schlumberger Planned Development Area, Ordinance No. 20070215-042 (as amended) and Lake Austin Watershed Ordinance No. 840301-F, as stated in the Planned Development Area Section 9-10-409(b) – for a cut exceeding four feet Variance Request: Include an explanation with each applicable finding of fact. A. City Code: Land Use Commission variance determinations from Section 9-10-377 of the 1. 2. In site plan case #SP-2007-0231C, a variance to Lake Austin Are there special circumstances applicable to the property involved where strict application deprives such property owner of privileges or safety enjoyed by other similarly situated property with similarly timed development? Yes Ordinance #840301-F, Sections 9-10-409(a) and 9-10-409(b) was granted for a max cut of +/-5.8’ and a max fill of +/- 17.5’ to construct a parking area, baseball field, and fieldhouse. Thereafter, a variance to the same code sections was granted for a max cut of +/-9.25’ and a max fill of +/- 14.85’ to construct a water quality and detention facility, a water quality channel, a softball field, and associated parking in site plan case #SP-2013-0476C. Does the project demonstrate minimum departures from the terms of the ordinance necessary to avoid such deprivation of privileges enjoyed by such other property and to facilitate a reasonable use, and which will not create significant probabilities of harmful environmental consequences? Yes The variance is the minimum departure necessary to avoid the deprivation of privileges enjoyed by such other property and to allow for the University to construct a residence hall, associated parking and improvements, in accordance with the allowable land use and which will 8 of 34B-5not create significant probabilities of harmful environmental consequences. The proposed parking lot, residence hall, and associated improvements are located on a site with subtle topography and encompassed by existing development. The driveway approach for the parking lot must be constructed to match Kilian Road elevation as the only ingress and egress to the parking lot is off Kilian Road. Moreover, proposed grades follow the natural contours to the best extent possible to maintain the natural drainage patterns for the capturing of runoff into the proposed water quality and detention ponds located at the low point of the parking lot. As a result, cut exceeding the allowable four feet is required for a gentle slope transition for the internal circulation of the parking lot and for drainage and water quality purposes. Additionally, to adequately treat the residence hall and associated improvements, the existing sedimentation and detention ponds require a max cut of six feet for upgrades, including the addition of a bio-filtration pond. The proposal does not provide special privileges not enjoyed by other similarly situated properties with similarly timed development, and is not based on a special or unique condition which was created as a result of the method by which a person voluntarily subdivided land after October 20, 1983. Yes The proposal does not provide special privileges not enjoyed by other similarly situated properties with similarly timed development and it is not based on a special or unique condition which was created as a result of the method by which a person voluntarily subdivided land after October 20, 1983. The Concordia property is currently subdivided into two large lots. Lot 1 being +/- 53 acres and Lot 2 being +/- 383 acres with the proposed development being on Lot 2. A variance to Section 9- 10-409(b) for cut exceeding four feet was not necessitated due to the subdivision of the property. 3. Staff Determination: Staff determines that the findings of fact have been met. Staff recommends the following conditions: 1. Subject to the Void and Water Flow Mitigation Rule (City Environmental Criteria Manual 1.12.0 and City Standards Specification Manual No. 658S) provision that all trenching greater than 5 feet deep must be inspected by a qualified Texas Professional Geoscientist or their representative; 2. Preserve the top 10 inches of topsoil to be used onsite; and 3. Increased tree mitigation and landscaping for areas of fill to stabilize erosion as shown on landscape plan submitted in this variance packet. Environmental Reviewer (DSD) Date 10-21-2020 9 of 34B-5Environmental Review Manager (DSD) Environmental Officer (WPD) Mike McDougal 10-21-2020 10-23-2020 10 of 34B-5Staff Exhibits 11 of 34B-5E RIV D R U O B R A H K C O R R O C D O K ( 7 C 0 # ' H 2 R A 0 . 0 O R 0 . B 0 0 W O 0 . 2 W U 5 I R D T O H ) D P R T C R I V E R D O O C C # K 2 0 0 5 H A 0 0 R 2 7 B 5 O O R P R D T C R . EXISTING WALMART PROPERTY EXISTING ALARA APARTMENTS PROPERTY E V I R D Y T I S R E V I N U A I D R O C N O C 00 200' 400' GRAPHIC SCALE 200' PROPERTY LINE LIMITS OF CONSTRUCTION EXISTING SOFTBALL FIELD UNOCCUPIED SPRING D V O R O A L I P R . N T 9 C 0 A 8 G 2 E , P E G A . 6 S 2 5 E M E N T EXISTING BASEBALL FIELD PROPOSED LIMITS OF CONSTRUCTION OVERALL CAMPUS PROPERTY LINE 150' CEF BUFFER 50' CWQZ 50' CWQZ RIM ROCK 150' CEF BUFFER 100' WQTZ D R A I N V A O L G . E 9 0 E 8 A 2 S , E M E O P P G R . 6 N T T 2 5 C P D R O E C S # E O 2 R P 0 V R 0 E 7 T T 1 C 0 R 6 A 6 1 3 C T ET II II T TT T IIIIII T T T E E ET D R F I L M 1 = 8 " 9 R 3 C P 9 . 4 ± ( S W ) = 9 3 3 . 8 ± F L 1 8 " R C R P ( I M S E = ) 9 = 9 5 4 4 8 . . 0 5 ± ± D F R I L M F F L L 1 2 8 = 4 " 9 1 8 " " R 5 R R C P C 3 . C P 2 P ( ± ( ( N S N E E ) W ) = = 9 ) = 9 4 9 4 4 6 6 . . 8 6 8 ± . 8 ± ± D R F I L M 1 = 8 " 9 R 5 C 5 . 0 P ± ( S W ) = 9 5 1 . 1 ± BM #50003 ELEV.=957.97' 3 8 3 B . 9 L 6 O L O T 5 C 2 A K C A R E S D F R I L M 1 = 0 " 9 R 5 C 5 . P 4 ± ( N W ) = 9 4 9 . 8 ± BM #52122 ELEV.=940.28' 2 ( D 0 ' O P C . U . N E . O . _ _ _ _ _ _ _ _ _ _ _ _ ) EE 100' WQTZ JOLLYVILLE PLATEAU SALAMANDER OCCUPIED SPRING UNOCCUPIED SPRING EXISTING RESIDENCE HALLS VICINITY MAP N.T.S. CONTEXT MAP Concordia Unviersity Residence Hall July 2020 NOTE: THIS PLAN IS CONCEPTUAL IN NATURE AND HAS BEEN PRODUCED WITHOUT THE BENEFIT OF A SURVEY, TOPOGRAPHY, UTILITIES, CONTACT WITH THE CITY, ETC. 12 of 34B-513 of 34B-51 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 P N M L K J H G F E D C B A t v r . . m o c n g i s e d g t s j r @ n a e e p n _ ) 9 1 0 2 l a r t n e C ( - R A - i r g n i s u o H a d o c n o C \ s l e d o M l a c o L 9 1 0 2 t i v e R G T S \ s t n e m u c o D \ n a e e p n \ s r e s U \ C r : j : h t a P e l i F l a c o L ) 9 1 0 2 l a r t n e C ( - R A - i i r r g n i s u o H a d o c n o C \ t i v e R 0 1 4 \ s g n w a D 0 0 4 \ g n i s u o H a d o c n o C 0 0 - 1 2 7 8 1 - 6 1 \ 6 1 o d u t s \ : S r i i : h t a P e l i F l a r t n e C : : M A 4 4 9 5 9 0 2 0 2 / 0 1 / 4 : e t a D t o P l S D S D S D S D S D S D S S D D S D S D S D S D S S D D S D S S D D S D S D S D S D S D S D D D S S D S S D S D S D D D S S D S D D S S D S S D S D S D S D S D S D S D S D S D S D S D S D S D S D S D S D S D S D 1 1 R R H H S D S D HR1 HR1 H R 1 H R 1 S D S D S D S D S D S D S D S D S D S D S D S D S D D S S D H H R R 1 1 H H R R 1 1 D S D SD S D S S D D S D S S D X X X X X X X D S D S D S D S D S D S D S D S D S D S D S D S D S D S D S D S D S S D S D D D D S S S D S D D S S S D D S D S S D D S S D D D S S S D D D S S S D D D S S S D S D SD SD SD SD SD SD SD SD S A N T V A N www.stgdesign.com © STG Design, Inc. ALL RIGHTS RESERVED STG Design, Inc. 828 West 6th Street Suite 300 Austin, TX 78703 512.899.3500 CONCORDIA HOUSING 11400 CONCORDIA UNIVERSITY DR. AUSTIN, TX 78726 These documents may not be reproduced in any form without the written consent of STG Design, Inc. This sheet is only one component of the total document package which consists of all sheets of drawings and the project manual. 0 75% CD Issues 10/16/20 Project Number: 16-18721-00 Project Director ANS Quality Assurance MAM Drawn By ANS LANDSCAPE PLAN L-201 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 of 34B-51 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 P N M L K J H G F E D C B A t v r . . m o c n g i s e d g t s j r @ n a e e p n _ ) 9 1 0 2 l a r t n e C ( - R A - i r g n i s u o H a d o c n o C \ s l e d o M l a c o L 9 1 0 2 t i v e R G T S \ s t n e m u c o D \ n a e e p n \ s r e s U \ C r : j : h t a P e l i F l a c o L ) 9 1 0 2 l a r t n e C ( - R A - i i r r g n i s u o H a d o c n o C \ t i v e R 0 1 4 \ s g n w a D 0 0 4 \ g n i s u o H a d o c n o C 0 0 - 1 2 7 8 1 - 6 1 \ 6 1 o d u t s \ : S r i i : h t a P e l i F l a r t n e C : : M A 4 4 9 5 9 0 2 0 2 / 0 1 / 4 : e t a D t o P l www.stgdesign.com © STG Design, Inc. ALL RIGHTS RESERVED STG Design, Inc. 828 West 6th Street Suite 300 Austin, TX 78703 512.899.3500 CONCORDIA HOUSING 11400 CONCORDIA UNIVERSITY DR. AUSTIN, TX 78726 These documents may not be reproduced in any form without the written consent of STG Design, Inc. This sheet is only one component of the total document package which consists of all sheets of drawings and the project manual. 0 75% CD Issues 10/16/20 Project Number: 16-18721-00 Project Director ANS Quality Assurance MAM Drawn By ANS LANDSCAPE PLAN L-202 SD SD D S S D D S D S S D D D D S S S D D D S S S S S D D S D D S D S S S S D D D S D SD SD SD SD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 15 of 34B-51 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 P N M L K J H G F E D C B A t v r . . m o c n g i s e d g t s j r @ n a e e p n _ ) 9 1 0 2 l a r t n e C ( - R A - i r g n i s u o H a d o c n o C \ s l e d o M l a c o L 9 1 0 2 t i v e R G T S \ s t n e m u c o D \ n a e e p n \ s r e s U \ C r : j : h t a P e l i F l a c o L ) 9 1 0 2 l a r t n e C ( - R A - i i r r g n i s u o H a d o c n o C \ t i v e R 0 1 4 \ s g n w a D 0 0 4 \ g n i s u o H a d o c n o C 0 0 - 1 2 7 8 1 - 6 1 \ 6 1 o d u t s \ : S r i i : h t a P e l i F l a r t n e C : : M A 4 4 9 5 9 0 2 0 2 / 0 1 / 4 : e t a D t o P l www.stgdesign.com © STG Design, Inc. ALL RIGHTS RESERVED STG Design, Inc. 828 West 6th Street Suite 300 Austin, TX 78703 512.899.3500 CONCORDIA HOUSING 11400 CONCORDIA UNIVERSITY DR. AUSTIN, TX 78726 These documents may not be reproduced in any form without the written consent of STG Design, Inc. This sheet is only one component of the total document package which consists of all sheets of drawings and the project manual. 0 75% CD Issues 10/16/20 Project Number: 16-18721-00 Project Director ANS Quality Assurance MAM Drawn By ANS LANDSCAPE DETAILS L-210 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 16 of 34B-5 Applicant Form and Findings of Fact 17 of 34B-5 ENVIRONMENTAL BOARD VARIANCE APPLICATION Applicant Variance Request Letter October 20, 2020 City of Austin Planning and Development Review Department 505 Barton Springs Road Austin, TX 78767 Re: Variance Request Letter – Fill Concordia University Residence Hall - Site Plan Application SP-2020-0038C 11400 Concordia University Drive Austin, Texas 78726 To Whom It May Concern: INTRODUCTION PROJECT DESCRIPTION Please accept this letter as a request for a variance to the Lake Austin Ordinance #840301-F, Sections 9- 10-409(A) and 9-10-409(B) for a max fill of +/- 8.75 ft for the above referenced project. The Concordia University Texas campus is an existing campus located at 11400 Concordia University Drive in northwest Austin, Texas and Travis County. The existing property is approximately 383 acres including approximately 250 acres of preserve land. The campus has existing improvements including buildings, athletic facilities, private drives, underground utilities storm drains, stormwater ponds, and auxiliary improvements. City of Austin | Environmental Board Variance Application Guide 1 18 of 34B-5The proposed campus improvements include a 4-story residence hall building, associated parking lot, outdoor amphitheater area, pedestrian improvements, two water quality and detention ponds, and associated site improvements. This project is located within the Bull Creek Watershed, classified as a Water Supply Suburban Watershed. The site is located within the Edwards Aquifer Recharge Zone according to the City of Austin GIS. Critical water quality zones, water quality transition zones, and critical environmental features are located on the southern and eastern portion of the site. No development will occur in these locations. The terrain is heavily wooded and has some grass cover. No requests for a variance to CEF buffers, WQTZ or CWQZ areas are being requested. If you have any questions or comments regarding this request, please contact me at 512-271-6314. Sincerely, Brandon Hammann, P.E., LEED AP Project Manager PROJECT DESCRIPTION Applicant Contact Information Name of Applicant Street Address City State ZIP Code Work Phone E-Mail Address Kimley-Horn and Associates, Inc. – Brandon Hammann, P.E., LEED AP 10814 Jollyville Road, Building IV, Suite 200 Austin, Texas 78759 512-271-6314 Brandon.Hammann@kimley-horn.com City of Austin | Environmental Board Variance Application Guide 2 19 of 34B-5Variance Case Information Case Name Case Number Concordia University Residence Hall SP-2020-0038C Address or Location 11400 Concordia University Texas Environmental Reviewer Name Kristy Nguyen Applicable Ordinance Lake Austin Ordinance #840301-F, Sections 9-10-409(A) and 9-10-409(B) Watershed Name Bull Creek Watershed Classification ☐Urban ☐ Suburban X Water Supply Suburban ☐Water Supply Rural ☐ Barton Springs Zone Edwards Aquifer Recharge Zone ☐ Barton Springs Segment X Northern Edwards Segment ☐ Not in Edwards Aquifer Zones Edwards Aquifer Contributing Zone ☐ Yes X No Distance to Nearest Classified Waterway The Water Quality and Detention Facility is located approximately 250’ away from the centerline of a classified waterway. All paving, residence hall, parking lot, and other site infrastructure is located significantly further from the waterway. Water and Waste Water service to be provided by Austin Water Utility Request The variance request is as follows: The Variance Request is for a variance to the Lake Austin Ordinance #840301-F, Sections 9-10-409(A) and 9-10-409(B) for a max fill of +/- 8.75 ft. Impervious cover Existing Proposed square footage: ____1,304,472____ ____1,376,771_____ City of Austin | Environmental Board Variance Application Guide 3 20 of 34B-5acreage: percentage: ___29.95_____ ___8.3%_____ ____31.61_____ ____8.8%_____ The Concordia University Texas campus is an existing campus located at 11400 Concordia University Drive in northwest Austin, Texas and Travis County. The existing property is approximately 383 acres including approximately 250 acres of preserve land. The campus has existing improvements including buildings, athletic facilities, private drives, underground utilities storm drains, stormwater ponds, and auxiliary improvements. The proposed campus improvements include a residence hall building, an outdoor pavilion/amphitheater area, private parking lot, pedestrian improvements, and associated site improvements. This project is located within the Bull Creek Watershed, classified as a Water Supply Suburban Watershed. The site is located within the Edwards Aquifer Recharge Zone according to the City of Austin GIS. Critical water quality zones, water quality transition zones, and critical environmental features are located on the southern and eastern portion of the site. No development will occur in these locations. The terrain is heavily wooded and has some grass cover. Provide general description of the property (slope range, elevation range, summary of vegetation / trees, summary of the geology, CWQZ, WQTZ, CEFs, floodplain, heritage trees, any other notable or outstanding characteristics of the property) Clearly indicate in what way the proposed project does not comply with current Code (include maps and exhibits) The proposed cut and fill does not comply with the applicable code for the project. Cut and fill is restricted to 4’ max per the Lake Austin Ordinance #840301-F, Sections 9-10-409(A) and 9-10-409(B). The proposed project proposes a max fill of +/- 8.75 ft in order to construct a water quality and detention facility, a 4-story residence hall, and the associated parking for the +/-68,618 gsf residence hall. City of Austin | Environmental Board Variance Application Guide 4 21 of 34B-5FINDINGS A. Land Use Commission variance determinations from Sections 9-10-409(a) and 9-10-409(b) of the Lake Austin Ordinance: According to Section 9‐10‐377 (a) of the Lake Austin Ordinance, Variances from the terms of this division may be granted by the Planning Commission only if it is found that: 1. Are there special circumstances applicable to the property involved where strict application deprives such property owner of privileges or safety enjoyed by other similarly situated property with similarly timed development? Yes, a variance to Lake Austin Ordinance #840301-F, Sections 9-10-409(a) and 9-10-409(b) was granted in 2008 for a max cut of +/-5.8’ and a max fill of +/- 17.5’ to construct a parking area, baseball field, and fieldhouse for Concordia University Texas under City of Austin Case #SP-2007-0231C. Additionally, a cut/fill variance was granted in 2014 for a max cut of +/-9.25’ and a max fill of +/- 14.85’ to construct a water quality and detention facility, a water quality channel, a softball field, and associated parking for Concordia University Texas under City of Austin Case #SP-2013-0476C. 2. Does the project demonstrate minimum departures from the terms of the ordinance necessary to avoid such deprivation of privileges enjoyed by such other property and to facilitate a reasonable use, and which will not create significant probabilities of harmful environmental consequences? Yes, the variance is the minimum departure necessary to avoid the deprivation of privileges enjoyed by such other property and to allow for the University to construct a residence hall in accordance with the allowable land use. Concordia University resides on a tract of land in west Austin that has significant topographic relief. Constructing buildings or surface parking generally requires substantial cut and/or fill as is the case with the proposed residence hall and surface parking lot for this project. Regarding the surface parking lot, a driveway is proposed off Killian Road (private drive) which is the only point of vehicular access to this site. Proposed grades within the parking lot allow for a navigable transition to/from Killian Road while maintaining adequate slopes to alleviate “heavy doors” which occurs when steep slopes make it difficult to open/close vehicular doors safely. As a result, the proposed slopes within the parking lot require cut in excess of four feet. The proposed residence hall is located along the Killian Road frontage, between Studtmann Court and Harms Cove (both private drives). Aside from the University’s programmatic criteria, locating the building here meets the intent of Subchapter E by providing building façade in close proximity to the private drives. In addition, the location avoids intrusion into the natural buffer along the bluff above the nearby tributary. The existing topography in this area slopes to the east whereas the proposed building is oriented in a north-south direction. The orientation of the building minimizes the amount of fill needed in the area given the long side is positioned parallel to existing grades. A portion of the building is oriented in an east- City of Austin | Environmental Board Variance Application Guide 5 22 of 34B-5west direction, but the finished floor elevation is set six feet below the main floor which reduces the amount of fill under that portion of the building. The proposed courtyard area allows for an outdoor learning environment and gathering space. Grades in the area allow for ADA accessibility from the main pedestrian pathway to the upper and lower levels, while avoiding the need for switchbacks and additional site retaining walls. An internal ramp within the upper level provides an eight-inch drop at the access point to the courtyard area, which further helps to reduce the fill. All known environmental features on the campus have been considered as part of the land planning efforts. Proposed improvements associated with this project, including the earthwork, remain outside of the established buffers for the environmental features. Onsite water quality and detention controls are proposed to mitigate the impact of additional stormwater runoff as result of the project. Furthermore, tree wells are proposed to preserve multiple existing trees. 3. The proposal does not provide special privileges not enjoyed by other similarly situated properties with similarly timed development and is not based on a special or unique condition which was created as a result of the method by which a person voluntarily subdivided land after October 20, 1983. Yes, the proposal does not provide special privileges not enjoyed by other similarly situated properties with similarly timed development and it is not based on a special or unique condition which was created as a result of the method by which a person voluntarily subdivided land after October 20, 1983. The Concordia University property is currently subdivided into two large lots and in no way has been subdivided in a way that would limit development in regard to cut and fill. The proposed improvements are on Lot 2 of the Amended Plat of Lots 2, 3, and 4 Schlumberger Subdivision which amended Lots 2, 3 and 4 into one +/-383-acre lot. This amendment to the plat has no effect on cut and fill. **Variance approval requires all above affirmative findings. City of Austin | Environmental Board Variance Application Guide 6 23 of 34B-5A Exhibits for Board Backup and/or Presentation Please attach and paginate. o Aerial photos of the site (backup and presentation) o Site photos (backup and presentation) o Aerial photos of the vicinity (backup and presentation) o Context Map—A map illustrating the subject property in relation to developments in the vicinity to include nearby major streets and waterways (backup and presentation) o Topographic Map - A topographic map is recommended if a significant grade change on the subject site exists or if there is a significant difference in grade in relation to adjacent properties. (backup and presentation) o For cut/fill variances, a plan sheet showing areas and depth of cut/fill with topographic elevations. (backup and presentation) o Site plan showing existing conditions if development exists currently on the property (presentation only) o Proposed Site Plan- full size electronic or at least legible 11x17 showing proposed development, include tree survey if required as part of site or subdivision plan (backup and presentation) o Environmental Map – A map that shows pertinent features including Floodplain, CWQZ, WQTZ, CEFs, Setbacks, Recharge Zone, etc. (backup and presentation) o An Environmental Assessment pursuant to ECM 1.3.0 (if required by 25-8-121) (backup only) o Applicant’s variance request letter (backup only) City of Austin | Environmental Board Variance Application Guide 7 24 of 34B-5N FM 620 E RIV D R U O B R A H K C O R EXISTING WALMART PROPERTY EXISTING ALARA APARTMENTS PROPERTY E V I R D Y T I S R E V I N U A I D R O C N O C EXISTING SOFTBALL FIELD EXISTING BASEBALL FIELD PROPOSED LIMITS OF CONSTRUCTION EXISTING RESIDENCE HALLS OVERALL CAMPUS PROPERTY LINE 00 200' 400' GRAPHIC SCALE 200' PROPERTY LINE LIMITS OF CONSTRUCTION AERIAL VICINITY MAP Concordia Unviersity Residence Hall July 2020 NOTE: THIS PLAN IS CONCEPTUAL IN NATURE AND HAS BEEN PRODUCED WITHOUT THE BENEFIT OF A SURVEY, TOPOGRAPHY, UTILITIES, CONTACT WITH THE CITY, ETC. 25 of 34B-5