B-09 (C8-2017-0154.01.2A - Interport Section 2C; District 2).pdf — original pdf

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SUBDIVISION REVIEW SHEET LOTS: 5 Z.A.P. DATE: April 5, 2022 Stoneridge Capital Partners, LTD Village Capital Corporation CASE NO.: C8-2017-0154.01.2A SUBDIVISION NAME: Interport Section 2C Final Plat AREA: 85.22 acres APPLICANT: EP Austin Purchase Company ADDRESS OF SUBDIVISION: 3101 Fallwell Lane (East Highway 71 & Highway 130) WATERSHED: Onion Creek EXISTING ZONING: LI-PDA PROPOSED LAND USE: Multi-Family / Commercial-Retail DEPARTMENT COMMENTS: The request is for the approval of Interport Section 2C final plat, comprised of 5 lots on 85.22 acres. JURISDICTION: Full Purpose AGENT: Dunway/UDG COUNTY: Travis (John Noell, P.E.) The plat does not comply with the criteria for approval in LDC 25-4-84(B) and staff recommends disapproval for the reasons listed in the attached comment report. An application that has been disapproved with reasons may be updated to address those reasons until the application expires. If the applicant submits an update to address the reasons for disapproval, that update will be presented to the Land Use Commission within fifteen days of submittal. STAFF RECOMMENDATION: Staff recommends disapproval of the plat for the reasons listed in the comment report dated April 1, 2022 and attached as Exhibit C. CASE MANAGER: Cesar Zavala E-mail: cesar.zavala@austintexas.gov PHONE: 512-974-3404 ATTACHMENTS Exhibit A: Vicinity map Exhibit B: Proposed plat Exhibit C: Comment report dated April 1, 2022  CITY OF AUSTIN –DEVELOPMENT SERVICES DEPARTMENT SUBDIVISION APPLICATION – MASTER COMMENT REPORT UPDATE: PHONE #: U0 512-974-3404 C8-2017-0154.01.2A 00 Interport 2 Section 2C Final Plat 3101 FALLWELL LN CASE NUMBER: REVISION #: CASE MANAGER: Cesar Zavala PROJECT NAME: LOCATION: SUBMITTAL DATE: March 7, 2022 REPORT DUE DATE: April 4, 2022 FINAL REPORT DATE: April 1, 2022 STAFF REPORT: This report includes all staff comments received to date concerning your most recent subdivision application submittal. The comments may include requirements, recommendations, or information. The requirements in this report must be addressed by an updated submittal. The subdivision application will be approved when all requirements from each review discipline have been addressed. If you have any questions, concerns or if you require additional information about this report, please contact your case manager at the phone number listed above or by using the contact information listed for each reviewer in this report. Any change to the plan/plat shall not cause noncompliance with any applicable code or criteria. In addition, any change to the plat may trigger new comments. UPDATE DEADLINE INFORMATION (LDC 25-4-56; 25-4-82): All comments must be addressed by filing an updated submittal prior to the update deadline of June 6, 2022. Otherwise, the application will expire. If this date falls on a weekend or City of Austin holiday, the next City of Austin workday will be the deadline. Extension of Review Period, Extension of Update Deadline and Tolling of Application Period do not apply to applications for preliminary plan, plat or subdivision construction plans (LDC 25-1-88; 25-1-89; 25-1- 90). UPDATE SUBMITTAL INSTRUCTIONS (LDC 25-1-83): 1. Applicants must make an appointment with Intake Staff (512-974-1770 or LURIntake@austintexas.gov ) in order to submit an update. 2. Your update must include the following items: a. This report b. The revised plat/plan in pdf format c. A letter that addresses each comment in the master comment report 3. Updates must be submitted on an approved submittal date, between the hours of 8:30 am and 4:00 pm. Refer to the submittal calendar for a list of approved submittal dates. REVIEWERS: Planner 1: Chima Onyia AW Utility Development Services: Bradley Barron Electric: Cody Shook ATD Engineering: Adrianna Morrow 911 Addressing: Jorge Perdomo Drainage Engineering: Don Heisch Environmental: Pamela Abee-Taulli PARD / Planning & Design: Scott Grantham Subdivision: Cesar Zavala Water Quality: Don Heisch Subdivision Review - Cesar Zavala - 512-974-3404 SR 1. Provide a deed for all the owners with property in the proposed plat, a deed for EP Austin Purchase Company, LLC was not found with the submittal. SR 2. Revise the notary block for the owner’s signatures to read as the following template: 25-1-83, 30- 1-113 State of _________________ § County of _____________________ § Before me, the undersigned authority, a notary public in and for the State of ________________, on this day did personally appear _____________________________, known to be the person whose name is subscribed to the foregoing instrument and has acknowledged to me that they have executed the same for the purpose and consideration therein expressed and in the capacity therein stated. _____________________________________ _____________________ Notary Public – State of ______________ Date SR 3. Update the jurisdiction to read with following: 25-1-83, 30-1-113 “This subdivision plat is located within the Full Purpose Jurisdiction of the City of Austin on this the _______day of __________________ 2022.” SR 4. Remove the first director’s approval block below the jurisdiction note. 25-1-83, 30-1-113 SR 5. This case will require commission approval since the plat has 5 or more lots. Update the commission approval block to show as follows: Accepted and authorized for record by the Land Use Commission of the City of Austin, Texas, on this, the ______day of ______20__. ___________________________ ________________________ Chair Secretary SR 6. Update the county clerk’s annotation block to show the current clerk’s information: 25-1-83, 30-1- 113 Add/modify the recordation block as shown: 25-1-83, 30-1-113 STATE OF TEXAS COUNTY OF TRAVIS I, Rebecca Guerrero, Clerk of Travis County, Texas, do hereby certify that the foregoing instrument of writing and its certificate of authentication was filed for record in my office on the __ day of ___________, 20__, A.D., at ____ o’clock ___.M., duly recorded on the __ day of __________, 20__, A.D., at __o’clock __.M, of said County and State in Document Number _______________ of the Official Public Records of Travis County. Witness my hand and seal of the office of the county clerk, this the __ day of _____________ 20__, A.D. ___________________________________ Deputy, County Clerk Travis County, Texas SR 7. Update plat Note # 2 to read with the following: 25-1-83, 30-1-113 “Building setback lines shall be in conformance with City of Austin zoning ordinance requirements.” SR 8. Will fiscal be posted for this case? If fiscal will be posted for the case, update Note # 18 with the following note: 25-1-83, 25-4-38, 25-4-84 or 30-1-113, 30-2-38, 30-2-84 "This subdivision plat was approved and recorded before the construction and acceptance of streets and other subdivision improvements. Pursuant to the terms of a Subdivision Construction Agreement between the subdivider and the City of Austin, Dated ____________, 20__, the subdivider is responsible for the construction of all streets and facilities needed to serve the lots within the subdivision. This responsibility may be assigned in accordance with the terms of that agreement. For the Construction Agreement pertaining to this subdivision, see the separate instrument recorded in Doc#. ____________________, in the Official Public Records of _________ County, Texas." SR 9. If fiscal is posted for the case delete Note # 17. 25-1-83, 30-1-113 SR 10. The plat shows two Detail B blow ups as exhibits of an area. Label the blow up exhibits as B and SR 11. In the Lot Summary Table on Sheet 2 remove the retail uses, the Park Dedication use should remain on the table. The lots will have uses allowed by approved zoning ordinance or as amended. 25-1-83, 30-1-113 SR 12. Add a note to the plat that list any lot that will have uses such as landscape, open space, park use or drainage. Include on the note that no other uses are allowed on the lot(s) and the group or organization that will maintain the lot(s). 25-1-83, 30-1-113 SR 13. Update the sheet set to show the plat drawing as sheet 1 and the notes sheet as sheet 2. SR 14. Verify that the lot(s) meet the Hazardous Pipeline requirements listed in LDC 25-4-134 . C.  AW Utility Development Services - Bradley Barron - 512-972-0078 AW1. §25-9: Service Extension Request 5099 for water service is currently in review and must be approved prior to plat approval. For status, contact Katie Frazier at (512)-972-0232 or Katie.Frazier@austintexas.gov. AW2. Per Utility Criteria Manual Section 2, §15-9, §30-2, §25-5, §25-9, and the Uniform Plumbing Code: Once AW1 is resolved, the landowner intends to serve each lot with City of Austin water and wastewater utilities. Each lot must have a separate water and wastewater utility connection and no existing or proposed plumbing may cross lot lines. The landowner, at own expense, will be responsible for providing the water and wastewater utility improvements, offsite main extensions, system upgrades, utility relocations and or abandonments to serve each lot. AW3. Per Utility Criteria Manual Section 2, §25-4, and the Uniform Plumbing Code: Replace note 8 with the following note: THE WATER, RECLAIMED, AND WASTEWATER UTILITY SYSTEM SERVING THIS SUBDIVISION MUST BE IN ACCORDANCE WITH THE CITY OF AUSTIN UTILITY DESIGN CRITERIA. THE WATER, RECLAIMED, AND WASTEWATER UTILITY PLAN MUST BE REVIEWED AND APPROVED BY AUSTIN WATER. ALL WATER, RECLAIMED, AND WASTEWATER CONSTRUCTION MUST BE INSPECTED BY THE CITY OF AUSTIN. THE LANDOWNER MUST PAY THE CITY INSPECTION FEE WITH THE UTILITY CONSTRUCTION. AW4. Per Utility Criteria Manual Section 2, §25-4, and the Uniform Plumbing Code: Replace note 9 with the following note: NO LOT SHALL BE OCCUPIED UNTIL THE STRUCTURE IS CONNECTED TO THE CITY OF AUSTIN WATER, RECLAIMED, AND WASTEWATER UTILITY SYSTEM. FYI. The landowner must pay the tap and impact fee once the landowner makes an application for a City of Austin water and wastewater utility tap permit. Water Quality Review - Don Heisch – (512) 978-1736 - Don.Heisch@austintexas.gov WQ 1. Release of this application does not constitute a verification of all data, information, and calculations supplied by the applicant. The engineer of record is solely responsible for the completeness, accuracy, and adequacy of his/her submittal, whether or not the application is reviewed for code compliance by city engineers. Provide compliance with LDC 25-1-84(D) which requires all commercial and multi-family applications for subdivision, site plan, and building permit on tracts greater than one acre or on tracts one acre or less, but within an abandoned landfill buffer as shown on the City of Austin closed landfill map to provide a: 1. City of Austin Certification of Compliance Form; 2. Certificate sealed by a Professional Engineer certifying the site is not over a closed landfill and describing the basis for that determination, or; 3. Development permit from the TCEQ, or; 4. Letter from TCEQ stating that the project is not subject to the requirements of TAC Ch. 330, Subchapter T. The applicant may find the Landfill Certification Form on the City of Austin website using the following link: https://www.austintexas.gov/department/development-over-closed-landfills WQ 2. Add a water quality plat note that reads as follows: “Water quality controls are required for all development pursuant to the Land Development Code.” Water quality controls are required per LDC 25-8-211. WQ 3. Submit a fiscal estimate for the construction of water quality improvements per LDC 25-1-112. WQ 4. Provide water quality plan per LDC 25-8-211 in accordance with the Subdivision Application Instructions. See Page 17. Electric Review - Cody Shook - Cody.Shook@austinenergy.com EL 1. LDC § 25-4-132 - EASEMENTS AND ALLEYS. (A) Easements for public utilities and drainage ways shall be retained in all subdivisions in the widths and locations determined necessary by the director. All easements shall be dedicated to public use for the named purpose and shall be aligned to minimize construction and future maintenance costs. Source: § 13-2-421; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11; Ord. 20131017-046 Fifteen-foot electric distribution, electric telecommunications, and electric fiber easement is required adjacent to Olivaris Blvd. Show the easement(s) on the face of the plat. ATD Engineering Review - Adrianna Morrow - 512-974-6403 FYI - Please note, development of structures that require a building permit, on this plat, and subsequent re-plats of this Subdivision will be subject to the City of Austin Street Impact Fee Ordinances 20201220-061 [https://www.austintexas.gov/edims/document.cfm?id=352887] and 20201210-062 [https://www.austintexas.gov/edims/document.cfm?id=352739], as applicable prior to acquiring the building permit. The City shall start collecting street impact fees with all building permits issued on or after June 21, 2022. For more information please visit the Street Impact Fee website [austintexas.gov/streetimpactfee]. ATD 1. ATD 2. Please correctly identify all streets bordering or traversing this subdivision LDC 25-1-83. This applies to SH 130. The layout of the proposed plat does not match the approved preliminary plan. Revise the layout to match the preliminary plan, or submit a revision to the preliminary plan. LDC 25-4- 59, 25-4-61. All proposed joint use access easements included on the approved preliminary plan must be included in the final plat. Drainage Engineering Review - Don Heisch – (512) 978-1736 - Don.Heisch@austintexas.gov Release of this application does not constitute a verification of all data, information, and calculations supplied by the applicant. The engineer of record is solely responsible for the completeness, accuracy, and adequacy of his/her submittal, whether or not the application is reviewed for code compliance by city engineers. WQ 1. Coordinate with the Site Plan Reviewer to discuss actions needed to address that fact that the proposed final plat does not match the approved preliminary plan. It appears that some easements from the preliminary plan have not been included in the final plat. Approval of a preliminary plan establishes a mutual commitment to the layout per LDC 25-4-59. Changes to a preliminary plan shall comply with LDC 25-4-61. WQ 2. Provide copy of the revised preliminary plan when available. [LDC 25-4-51, 25-4-59 and 25-4-61] WQ 3. Submit a fiscal estimate for the construction of the pond per LDC 25-1-112. WQ 4. Submit a drainage easement with required maintenance for the pond with metes and bounds that WQ 5. Provide drainage plan per LDC 25-8-211 in accordance with the Subdivision Application will contain the pond. Instructions. See Page 17. WQ 6. Consider changing the names of the details. There are two Detail “B”. Environmental Review - Pamela Abee-Taulli - 512-974-1879 EV 1 There is an active Environmental violation on the site. Clear the violation to clear this comment. PLAT NOTES [LDC 25-1, Article 4] EV 2 Remove the specific reference to Land Development Code Section 25-8 shown in plat note number 12, referring to pruning and/or removal of trees by Austin Energy. A subdivision final plat note should only reference the Land Development Code in general. [[LDC 25-1, Article 4] Flood Plain Review - Katina Bohrer - 512-974-3558 Reviewer notes: modeling reviewed under C8-2015-0183PA. Models submitted at completeness check and saved under folder C8-2017-0154.01 on LUR network folder. Associated Site Plan case: SP-2021-0376D. In Date: 10/26/2021 Notice to applicant: Applicant must remedy all compliance issues without creating additional compliance issues with the LDC and/or Criteria manuals. A response that fails to correct an issue, or which creates other issues does not comply with the LDC and is insufficient to address the comments. The comments provided describe an issue that must be remedied in order for the application to be approved. Any specific examples are provided as a courtesy and are not intended as an exhaustive list, especially as the site may be updated to have additional compliance issues. Contact this reviewer if you have any questions Katina.Bohrer@austintexas.gov No Comments Hydro Geologist Review - Eric Brown - 512-978-1539 No hydrogeologic CEFs located on or within 150’ of subject area. No additional comments at this time.  PARD / Planning & Design Review - Scott Grantham - 512-974-9457 Update 0: PR1. This reviewer has researched and reviewed the case with others. The previous preliminary plan had some area designated as parkland (e.g. Section 2C, Block C, lot 2). Fiscal was posted for 15.84 acres of parkland on the Colorado River as part of Site Plan for Colorado Creek Apartment Homes (SP-2015-0414C.F2.SH). It appears that this land has not yet been dedicated, therefore there is no surplus credit available for subdivisions or site plans. At such a time that land is dedicated and terms of the Fiscal Surety Memo fulfilled, fiscal can be released and there will be surplus credit available (4.37 acres). PR2. Parkland Early Determination (PED #1287) states that land will be required at the time of subdivision, and includes 118 acres south of Dionda Lane. Because of a Chapter 245 determination, the subdivision will be reviewed with the 2007 parkland ordinance calculations. Because the preliminary plan includes designated parkland for this subdivision, PARD will require land with this final plat. PARD is open to discussion if the applicant has a different proposal. PR3. Parkland dedication is required per Chapter 25-1, Article 14 (Parkland Dedication) of the City Code for this project. Show the property proposed to be dedicated parkland. Label Block C, Lot 2 as “Park.” Contact the PARD reviewer for further discussion. PR4. Add the following note to the plan: Parkland dedication is required per City Code §25-1-601, as amended, prior to approval of a final plat in this subdivision. The area to be dedicated is shown on this final plat as Block C, Lot 2. PR5. Provide a map and table showing the area of parkland dedication that is in the following categories: (A) 25-year floodplain, (B) critical water quality zone, 100-year floodplain, or CEF buffer NOT in 25-year floodplain, (C) land in other easements, and (D) land unencumbered by the above mentioned restrictions. PR6. Please indicate whether there is a unit count or estimate. Code states that if number is not known, 24 units per acre is assumed (25-1-601(G)). Once calculations are made for estimated units and parkland credit, additional fees may apply. Wetlands Biologist Review - Eric Brown - 512-978-1539 No wetland CEFs located on or within 150’ of subject area. No additional comments at this time. Site Plan Plumbing - Cory Harmon - 512-974-2882 The proposed final plat (C8-2017-0154.01.2A) is approved from a plumbing code perspective. End of Master Comment Report