04 SP-2022-0095CX - Manor ISD Elementary School #10; District 1.pdf

Zoning and Platting Commission – Oct. 18, 2022

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Development Services Department Staff Recommendations Concerning Required Findings Project Name: Ordinance Standard: Watershed Protection Ordinance Variance Request: Manor ISD Elementary School #10 To allow for fill exceeding 4 feet up to 33 feet for building construction Include an explanation with each applicable finding of fact. 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 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. The property slopes steeply down from Wildhorse Ranch Trail ROW at the west to the southeastern corner of the site over a 52-foot fall. The proposed buildings are constrained in design flexibility due to the requirements of the Texas Education Agency, City of Austin, and ADA. The size of the school is determined by what TEA allows based on student per square foot requirements which is not a design choice. In order to facilitate this type of development, substantial fill is required, and the layout has to follow the TEA, COA and ADA guidelines which has constricted design flexibility. Similarly situated property do not have to meet the aforementioned requirements the way a public elementary school is required. 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 school must be sized according to TEA standards to meet the student population needs. The site is also required to have onsite bus queuing as well as ADA accessible pick up and drop off areas. Any construction on this property would necessitate fill greater than 4 feet because of the nature of the property. 1 of 364There are no other design decisions that could be altered to not necessitate this variance. b) Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; Yes. The site is being graded as efficiently as possible to provide the required access slopes to minimize the amount of variance required. The design also uses all compliant construction methods but due to site constraints and requirements, the variance is inevitable. c) Does not create a significant probability of harmful environmental consequences. The variance does not create a significant probability of harmful Yes. consequences. The variance is a minimum deviation from code to allow for reasonable use of the property. Fill will be minimized and structurally contained with a retaining wall. 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 project is served by existing water quality/detention pond. The development is compliant with current code. B. The Land Use Commission may grant a variance from a requirement of Section 25-8-422 (Water Supply Suburban Water Quality Transition Zone), Section 25-8-452 (Water Supply Rural Water Quality Transition Zone), Section 25-8-482 (Barton Springs Zone Water Quality Transition Zone), Section 25-8-368 (Restrictions on Development Impacting Lake Austin, Lady Bird Lake, and Lake Walter E. Long), or Article 7, Division 1 ( Critical Water Quality Zone Restrictions ), after determining that:: 1. 1. The criteria for granting a variance in Subsection (A) are met; N/A All criteria in Subsection (A) are met The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. 2. 3. N/A N/A Staff Determination: Staff determines that the findings of fact have been met. Staff recommends the following conditions per approved exhibit:   Provide structural containment of fill with a terraced retaining wall where applicable. Increase tree inches on site by adding 20 native trees over the required number of trees. 2 of 364Provide pollinator plants along with educational signage for the children.   Use rainwater harvesting on site. Environmental Reviewer (DSD) Tunde Daramola Environmental Review Manager (DSD) _____________________________ Mike McDougal Date 8/31/2022 Date 8/31/2022 Deputy Environmental Officer (WPD) _____________________________ (Liz Johnston) Date 09/01/2022 3 of 364ITEM FOR ENVIRONMENTAL COMMISSION AGENDA Manor ISD Elementary School #10 (SP-2022-0095CX) Manor ISD Elementary School #10 (Monica Silva) LOCATION: 10400 Wildhorse Ranch Trail, Austin, Texas 78724 COMMISSION MEETING DATE: 9/21/2022 NAME & NUMBER OF PROJECT: NAME OF APPLICANT OR ORGANIZATION: COUNCIL DISTRICT: 1 ENVIRONMENTAL REVIEW STAFF: WATERSHED: REQUEST: STAFF RECOMMENDATION: STAFF CONDITIONS: Tunde Daramola, Environmental Review Specialist Senior, DSD, 512-974-6316, Babatunde.Daramola@austintexas.gov Gilleland Creek Watershed, Suburban, Desired Development Zone Variance request is as follows: Request to vary from LDC 25-8-342 to allow fill over 4feet up to 33feet. Staff recommends this variance, having determined the findings of fact to have been met.    Provide structural containment of fill with a terraced retaining wall where applicable. Increase tree inches by adding 20 native trees over required number of trees. Provide pollinator plants along with educational signage for the children.  Use rainwater harvesting on site. 4 of 364 August 19, 2022 ENVIRONMENTAL COMMISSION VARIANCE APPLICATION FORM PROJECT DESCRIPTION Applicant Contact Information MONICA SILVA 504 EBRAKER LN AUSTIN, TX 78753 (512) 835-4203 mgilsilva@gilengineering.com Manor ISD Elementary #10 SP-2022-0095CX 10400 WILDHORSE RANCH TRL BABATUNDE DARAMOLA LDC 25-8-342 Variance Case Information Name of Applicant Street Address City State ZIP Code Work Phone E-Mail Address Case Name Case Number Address or Location Environmental Reviewer Name Environmental Resource Management Reviewer Name Applicable Ordinance Watershed Name Watershed Classification GILELAND CREEK WATERSHED □Urban □Water Supply Rural □ Suburban □Water Supply Suburban □ Barton Springs Zone City of Austin | Environmental Commission Variance Application Guide 1 5 of 364 August 19, 2022 Edwards Aquifer Recharge Zone □ Barton Springs Segment □ Not in Edwards Aquifer Zones □ Northern Edwards Segment Edwards Aquifer Contributing Zone Distance to Nearest Classified Waterway □ Yes □ No 6,500 ft Water and Waste Water service to be provided by CITY OF AUSTIN Request The variance request is as follows: LDC 25-8-342: VARIANCE FOR FILL GREATER THAN 4’; We are requesting a variance for fill 4’ to 33’ Impervious cover square footage: acreage: percentage: 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) Existing 0 _11.05 0% Proposed _237,585_ 11.05 49.359%_ The site is an undeveloped property. There are completed houses to the east of the site. To the west, the site is bounded by Wildhorse Ranch Trail. The site slopes down to an existing drainage easement. There are no trees on site. According to the USDA NRCS, the site lies within the following soil series: • Ferris-Heiden complex (FhF3). 8 to 20 percent slopes. Class D, low infiltration rates. These soils are well drained and have a very high runoff rate. • Heigen clay (HeD2). 5 to 8 percent slopes. Class D, low infiltration rates. Well drained with a very high runoff rate. The site is not located in a floodplain, CWQZ, or WQTZ. A Phase 1 ESA was completed for this site and no RECs were identified. City of Austin | Environmental Commission Variance Application Guide 2 6 of 364 August 19, 2022 Clearly indicate in what way the proposed project does not comply with current Code (include maps and exhibits) FINDINGS OF FACT The proposed project contains fill greater than 4 feet up to 33 feet. As required in LDC Section 25-8-41, in order to grant a variance the Land Use Commission must make the following findings of fact: Include an explanation with each applicable finding of fact. Project: SP-2022-0095CX - Manor ISD Elementary #10 Ordinance: LDC 25-8-342 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 similarly situated property with approximately contemporaneous development subject to similar code requirements. Yes / No [provide summary of justification for determination] Please see attached letter. 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 / No [provide summary of justification for determination] Please see attached letter. b) Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; Yes / No [provide summary justification for determination] Please see attached letter. City of Austin | Environmental Commission Variance Application Guide 3 7 of 364August 19, 2022 c) Does not create a significant probability of harmful environmental consequences. Yes / No [provide summary justification for determination] Please see attached letter. 3. Development with the variance will result in water quality that is at least equal to the water quality achievable without the variance. Yes / No [provide summary justification for determination] Please see attached letter. 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), Article 7, Division 1 (Critical Water Quality Zone Restrictions), or Section 25-8-368 (Restrictions on Development Impacting Lake Austin, Lady Bird Lake, and Lake Walter E. Long): 1. 2. 3. The criteria for granting a variance in Subsection (A) are met; Yes / No [provide summary of justification for determination] Not in WQTZ or CWQZ Please see attached letter. The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; Yes / No [provide summary of justification for determination] Not in WQTZ or CWQZ Please see attached letter. The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. Yes / No [provide summary of justification for determination] Not in WQTZ or CWQZ Please see attached letter. **Variance approval requires all above affirmative findings. City of Austin | Environmental Commission Variance Application Guide 4 8 of 364 August 19, 2022 A Exhibits for Commission Variance o Aerial photos of the site o Site photos o Aerial photos of the vicinity o Context Map—A map illustrating the subject property in relation to developments in the vicinity to include nearby major streets and waterways 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. o For cut/fill variances, a plan sheet showing areas and depth of cut/fill with topographic elevations. o Site plan showing existing conditions if development exists currently on the property 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 o Environmental Map – A map that shows pertinent features including Floodplain, CWQZ, WQTZ, CEFs, Setbacks, Recharge Zone, etc. o An Environmental Resource Inventory pursuant to ECM 1.3.0 (if required by 25-8-121) o Applicant’s variance request letter City of Austin | Environmental Commission Variance Application Guide 5 9 of 364 August 31, 2022 City of Austin Development Services Department Attn: Babatunde Daramola 6310 Wilhelmina Delco Drive Austin, TX 78752 Dear Mr. Daramola: RE: Variance Request to LDC 25-8-342 Fill Greater than 4’ SP-2022-0095CX - Manor ISD Elementary School #10; 10400 Wildhorse Ranch Trail Please consider this a formal request by the Manor Independent School district for an environmental commission variance to the requirements of the Land Development Code ordinance 25-8-342 for fill over 4 feet up to 33 feet. The Appendix U, Findings of Fact format as required in LDC Section 25-8-41 has been used to describe this request. The property subject to this variance is a currently undeveloped 11.05 acre site within the Wildhorse Public Utility District and is zoned PUD. The property is located at 10400 Wildhorse Ranch Trail and resides within the limits of the City of Austin. The site is NOT within the limits of any 100 year floodplain. The site is NOT within a Water Quality Transition Zone or Critical Water Quality Zone. The site is located in the Gilleland Creek Watershed, which is classified as a Suburban Watershed. The subject property is NOT located over the Edward’s Aquifer Recharge Zone. The planned improvements for this property consist of the construction of a new public elementary school. A total of 5.45 acres of impervious cover will be added to the site including a 95,031 square foot new elementary building that will serve 720 students. Three new drives are proposed in order to prevent conflicts between parent queue traffic and bus traffic. The parent entrance drive contains 2,363 lineal feet of queue space in order to prevent queuing from overflowing onto Wildhorse Ranch Trail. Required parking for the 60 faculty and staff as well as parents and visitor is provided. Sidewalks connecting parking areas and other site facilities to the building, as well as an 8 foot trail that will connect to the PUD trail system are also proposed. The site improvements also include all associated grading, paving, water, and wastewater improvements. This development proposes to connect to existing drainage improvements that were constructed specifically for this site as part of the Wildhorse PUD development. The applicant proposes to place all new improvements on the property in a manner to minimize impacts to the natural character of the property. This property is not only designated in the PUD documents for use as an elementary school but was given to the District by the Developer with the Deed restriction that this property is restricted to the use of “Educational Building” for the next 99 years. This variance needs to be approved to allow the construction of a public elementary school to serve this growing area. Manor ISD demographics have shown that this area of eastern Travis County is growing rapidly. The other elementary in the area, Lagos Elementary will be at capacity next year. With regards to the proposed variance, we respectfully suggest that the following conditions be considered: structural containment. Structural retaining walls have been designed for the site. This will mitigate the erosion of the site. Other appurtenances have been added to provide additional environmental enhancement and are discussed below. 504 East Braker Lane, Austin, TX 78753 T 512 835 4203 f 512 835 4407 gilengineering.com Texas Registered Engineering Firm: F-1186 Texas Registered Surveying Firm:10022600 10 of 364 FINDINGS OF FACT: Project: SP-2022-0095CX; Manor ISD Elementary School #10 Ordinance Standard: Land Development Code 25-8-342; Requirement for Fill in Excess of 4’ 1. The requirement will deprive the applicant of a privilege available to owners of similarly situated property with approximately contemporaneous development subject to similar code requirements. YES/ Rejection of this variance request by Manor Independent School District will deprive them of using property given to them by the Developer of the Wildhorse PUD and identified in the PUD document as the location for their Elementary School to serve this growing area in the Austin full purpose jurisdiction. The need for an elementary school in this area has been determined by demographics. Similarly situated property owners with approximately contemporaneous development do not have to meet the requirements of the Texas Education Agency, City of Austin Transportation, and American Disabilities Act in the way a public elementary school is required to. Please see statement 2 below for more discussion on how this site design has been altered in order to comply with LDC 25-8-342 and based on constraints set by jurisdictional requirements, cannot be altered in any additional way. 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/ This variance is necessary to provide a public elementary school to the quickly growing area being developed under the Wildhorse PUD. The property that is the subject of this variance slopes steeply down from Wildhorse Ranch Trail right of way at the west to the southeastern corner of the site which connects to existing drainage facilities over a 52’ fall. The natural sloping nature of the lot would require that fill be placed for any type of development, but because this site is proposed to be a public elementary school and is subject to Texas Education Agency requirements, City of Austin Transportation requirements, and the Americans with Disabilities Act requirements, the District is not afforded the same flexibility in design that other owners of similarly situated property would be privileged to. Because of the dramatic way the site slopes down, even a perfectly balanced site with equal cut and fill would still require approximately cut of 25’ and fill of 25’ and would drop the property down greatly from the adjoining, existing roadway and be inaccessible for buses and fire apparatus. We have used design methods to reduce the need for this variance, but still must meet extensive requirements as discussed below that still make the variance necessary. This school is being built to service the Wildhorse Ranch development which includes single family and multifamily housing. The TEA sets guidelines for the square footage of each classroom based on the grade level of the classroom or at a minimum sets a square footage per student. Classroom square footage has been set to serve the amount of students that this school will need to serve per the demographics. To mitigate the need for fill, most property owners could make the design choice to alter the floor plan, but as a public school, doing this would mean we could not service the number of students needed to serve the surrounding neighborhood. Structurally, the proposed building has been stair-stepped to include a 2’ fall internally in the building to help reduce the amount of fill. Changing the layout and therefore the classroom size of the school building would necessitate portables on the first day of opening, and those portables would require additional site disturbance and fill to be placed. To serve the students that demographics have shown are in this growing area, we cannot change the scale of the school. Based on Austin Transportation Department Engineering Review, queuing during pickup and drop off cannot overflow onto the public thoroughfare of Wildhorse Ranch Trail. To keep this from happening, 2,363 feet of queue length must be provided on site. We are providing this queue length through the use of drives and cannot change or remove these drives or else we would not be compliant. This site is also required to have 504 East Braker Lane, Austin, TX 78753 T 512 835 4203 f 512 835 4407 gilengineering.com Texas Registered Engineering Firm: F-1186 Texas Registered Surveying Firm:10022600 11 of 364on-site bus queueing as well as ADA accessible pick up and drop off areas. Other developments are not required to this type of on-site queuing and so could alter their designs to reduce the amount of fill, but this site is locked in to the proposed layout because of the many needs it must meet. To mitigate the amount of fill needed, the drives have been designed to be 6’ lower than the adjoining Wildhorse Ranch Trail. The driveway have been set at a 6% slope down from the Right of way. This is the maximum slope that will still allow buses, delivery vehicles, and fire trucks to enter and exit the site in a safe manner. As a public elementary school, ADA standards require that a maximum slope of 5% (without handrails, 8.3% with handrails) be utilized to provide access throughout the building, play areas, pick up and drop off access points, and access from handicapped parking areas to points on the site. While other developments must meet certain ADA requirements, the use as a public elementary school means a majority of the site must be ADA accessible including bus and parent drop-off/pick-up areas, play areas, and routes around the building for use in an emergency. In addition, Austin Parks review has required an 8 foot pedestrian and bike trail along the eastern boundary of the property to provide the trail system as required by the PUD documents that must also have a maximum slope of 5%. As much site terracing has been designed as possible, including parking areas at different levels separated by a retaining wall, but this design mitigation is limited for this project because even more remote areas such as the play areas, 8’ paved trail, and emergency staging areas must be accessible to students of all abilities. There are no other design decisions that could be altered to not necessitate this variance that would still allow this site to function as a public elementary school. b) Is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; YES/ This design uses all usable methods to comply with code, but because of site constraints and requirement constraints the variance is necessary. The Manor ISD was given this site by the developer likely because, any construction on this property would necessitate fill greater than 8 feet because of the nature of the slopes that exist on this property. The site slopes down steeply from the roadway elevation at 608’ to the southeast corner of the property at the elevation 556’ for a total fall of 52’ across the property. Terracing of the both the parent drive and bus drive has been used to minimize fill needed. The drives drop down from the roadway 6’, which is the maximum allowable to still allow buses and fire trucks to navigate easily. The slopes of sidewalks have been maximized to 5% with the parking lot proper set at a 5% slope limit which is the maximum required by current ADA rules. Although fill in excess of 33’ is required to make the site meet slope requirements, we have used every allowable method to reduce the amount of fill necessary. Terracing has been used to reduce fill behind retaining walls. We have attempted to meet code in every way possible, but because of the highly sloped nature of the site and as discussed in question 2(a), and the nature of this development as a public elementary school, this is the minimum deviation from code that still allows this site to be used for the construction of a public elementary school. c) Does not create a significant probability of harmful environmental consequences. YES/ This design will create a better environmental condition than existing. There is little native vegetation, and the development of this site will prevent erosion and silt from entering the drainage area. A phase 1 ESA was performed on the site and there are no Critical Environmental Features. There is NO adverse impact on the water quality, since all runoff from impervious areas will be treated via an existing detention and water quality pond designed specifically for this site. The denuded areas of the site will be revegetated to a better standard than existing. Retaining walls have been designed to keep proposed fills from eroding and depositing onto adjoining areas. Additionally, 20 additional trees have been added over the required number of trees to help make the site more environmentally attractive. All on-site plantings are native species from the City of Austin’s preferred plan list. These plants will restore the currently denuded site to a level better than existing. An outdoor education area of raised planters will be planted with pollinator plants and provide 504 East Braker Lane, Austin, TX 78753 T 512 835 4203 f 512 835 4407 gilengineering.com Texas Registered Engineering Firm: F-1186 Texas Registered Surveying Firm:10022600 12 of 364 educational signage. The raised planters will be watered by water collected from an on-site rain water collection cistern. 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 design will only improve water quality. The site is currently undeveloped and runoff is uncaptured and untreated. Proposed drainage areas for the site’s development have been designed so that each area drains to its low point and an inlet has been placed there to capture runoff. Onsite runoff will be directed into these new inlets and the inlets will be conveyed to the existing water quality and detention pond designed for this site under the PUD development of Heritage Point at Wildhorse Section 2 & 3. This pond will reduce flows to predevelopment rates. 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), Article 7, Division 1 (Critical Water Quality Zone Restrictions), or Section 25-8-368 (Restrictions on Development Impacting Lake Austin, Lady Bird Lake, and Lake Walter E. Long): NOT APPLICABLE. The site is not in a WQTZ, CWQTZ, and does not impact any lake. We hope that this letter of request for variance provides all needed information. Please contact the undersigned for any additional required information. Sincerely, Victor M. Gil, P.E., R.P.L.S. Gil Engineering Associates, Inc. 504 East Braker Lane, Austin, TX 78753 T 512 835 4203 f 512 835 4407 gilengineering.com Texas Registered Engineering Firm: F-1186 Texas Registered Surveying Firm:10022600 13 of 364 FILED AND RECORDED FFICIAL PUBLIC RECORDS Rebecca Guerrero, County Clerk Travis County, Texas Apr 01, 202211:18AM Fee: $62.00 2022060028 *Electronically Recorded* NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED March 31, 2022 Independence Title/GFlt l/l/Moltl -COM/GMH TEXAS WH200, LP, a Delaware limited partnership Date: Grantor: Grantee: Grantor's Mailing Address: 9900 HWY 290 East Manor, Texas 78653 Travis County, Texas THE BOARD OF TRUSTEES OF THE MANOR INDEPENDENT SCHOOL DISTRICT Grantee's Mailing Address: 10335 US Highway 290 East Manor, Texas 78653 Travis County, Texas Consideration: TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration. Property (including improvements): 11.05 acres of land, more or less, out of the W. H. SANDERS SURVEY NO. 54, ABSTRACT NO. 690, Travis County, Texas, and being more particularly described by metes and bounds on Exhibit A attached hereto and incorporated herein. Reservations from Conveyance: Grantor reserves from this conveyance any and all rights associated with reimbursements from any governmental entity, including the WildHorse Ranch Public Improvement District, relating to the Property or any improvements on or serving the Property. Grantor reserves the right to assign such rights, in whole or in part, to a third party. Exceptions to Conveyance and Warranty: See Exhibit B attached hereto and incorporated herein. Grantor, for the consideration and subject to the Reservations from Conveyance, the Exceptions to Conveyance and Warranty, the Restriction (as defined below), and the Right of Reverter (defined below), grants, and conveys to Grantee the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns, forever; and it does hereby bind itself and its successors to WARRANT AND FOREVER DEFEND all and singular the Property unto the said Grantee, the successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, when the claim is by, through or under Grantor, but not 14 of 364 2022060028 Page 2 of 10 otherwise, except as to the Reservations from Conveyance, the Exceptions to Conveyance and Warranty, the Restriction, and the Right of Reverter. The Property is conveyed for the purpose of, and is hereby restricted to use by Grantee as, the construction and operation of an educational building for the intended purpose of providing primary education of students and uses ancillary thereto for the residents of the Manor Independent School District, and for no other purpose ("Restriction"). The Restriction will expire on the date that is ninety-nine (99) years after the date of this Special Warranty Deed and thereafter will be of no further force or effect. In the event Grantor, or Grantor's successors and assigns, files a lawsuit to enforce this Restriction, Grantor (or its successors and assigns) will be entitled to recover its reasonable costs and attorneys' fees. Enforcement of the Restriction is personal to Grantor and Grantor's successors and assigns (by written assignment) and does not run with land owned by Grantor as of the date hereof. The foregoing notwithstanding, in the event that a third party, arms-length lender with a deed of trust lien on the Property exercises its remedy to foreclose such deed of trust lien, then such lender's acquisition of the Prope1iy at such foreclosure will not be in violation of the Restriction so long as such lender's re-sale of the Property is to a user that operates the Property in compliance with the Restriction. The conveyance and grant of the Property to Grantee is effective only so long as construction of an educational building consisting of at least+/- 55,000 square feet for K-12 instructional purposes of improved, heated and air-conditioned space (referred to herein as the "Educational Building") upon the Property is substantially underway within three (3) years after the date of .this Special Warranty Deed ("Construction Date"). However, in the event that construction is not substantially underway due to circumstances outside of the control of Grantee, including but not limited to insufficient funding, non- appropriation of funds, construction delays, materials delays, or pandemic related delays, the Property shall not revert to the Grantor and the Right of Reverter shall not be triggered so long as Grantee begins construction of the Educational Building within five (5) years after the date of this Special Warranty Deed. If construction of the Educational Building upon the Property is not substantially underway prior to the Construction Date (as it may be extended), then the Property shall automatically revert to and vest in Grantor, and thereupon the conveyance hereunder shall be null and void and Grantor shall be entitled to take immediate possession of the Property and record in the Official Public Records of Travis County, Texas, any instrument confirming that title to the Property has reverted to Grantor free and clear of any claims whatsoever of Grantee (the "Right of Reverter"). In such event, Grantee shall, upon written demand, execute, acknowledge and deliver to Grantor any and all instruments that may reasonably be requested, necessary or proper to evidence the reversion of the Property to Grantor, including but not limited to a warranty deed in the same fonn and subject to the same Permitted Exceptions as this Special Warranty Deed. The provisions for the Right of Reverter are personal to Grantor and Grantor's successors and assigns (by written instrument) and do not run with the land owned by Grantor as of the date hereof. The provisions for the Right of Reverter may only be amended or modified by execution of written instrument by Grantor (or Grantor's specific successors and assigns) and Grantee, and may only be waived by the written instrument of Grantor. Upon completion of the construction of the Educational Building upon the Property, the provisions contained herein for the Right of Reverter shall automatically terminate and be of no further force and effect and, upon request, Grantor will execute and record a termination of the Right of Reverter. If the Right of Reverter is exercised and the Property is thereafter reverted to Grantor, Grantor shall have the unilateral option to terminate the Restriction, and the Restriction shall be null and void and of no further force and effect upon Grantor's election to terminate such Restriction. GRANTOR HAS EXECUTED AND DELIVERED TIDS SPECIAL WARRANTY DEED AND HAS CONVEYED THE PROPERTY AND GRANTEE HAS RECEIVED AND ACCEPTED TIDS SPECIAL WARRANTY DEED AND HAS PURCHASED THE PROPERTY "AS IS", "WHERE IS", AND "WITH ALL FAULTS" AND WITHOUT REPRESENTATIONS OR {WI 128534.4} 15 of 364Additional Requirements the Manor ISD Elementary School #10 Site is Subject To Bus, Delivery, and Fire Apparatus Access Drives must be 6% slope or less to allow enter without tail drag. Austin Parks PUD Trail Continuation 8' wide pedestrian and bike trail required to continue PUD trail system. Must have slopes 5% or less. Deed Restrictions Extended ADA Accessibility Deed states property must be used for an educational building and no other purpose for the next 99 years. ANY and all areas visited by students must be ADA accessible. Texas Education Agency: Class Room Size Pre-K - 1st Grade: 800 sq. ft. minimum 2nd Grade - 5th Grade: 700 sq. ft. minimum. Austin Transportation On-Site Queuing 2,363 lineal feet of queue length required to serve 720 students and prevent traffic overflow to public ROW. 16 of 364Fill Mitigation Methods Because of the on-site 52' drop, a perfectly balanced cut and fill site would require 25' of cut and 25' of fill and would drop the property extensively from the adjoining, existing roadway making drives unusable for buses and fire apparatus. STAIR-STEPPED BUILDING The building includes an internal 2' fall. INCREASED DRIVE SLOPES Driveway slopes have been set to 6% down from the right of way. This is the maximum allowable to prevent buses, delivery vehicles, and fire trucks from entering without damage to the vehicle. ADA SLOPES AT MAXIMUM Sidewalk and parking area slopes set at 5% which is the maximum allowable by current ADA rules. STRUCTURALLY CONTAINED Retaining walls have been designed to prevent erosion of proposed fills. Additional Environmental Enhancement OUTDOOR LEARNING AREA RAIN COLLECTION A rain collection tank will collect rain and be connected to the above ground planters to water the plants Located in the school courtyard, the outdoor learning area includes raised planters planted with native pollinator plants and signage about native plants and the importance of pollinators ADDITIONAL TREES Additional trees to prevent heat island effect and add natural shade for students. POLLINATOR PLANTS NATIVE PLANTINGS Pollinator plants will be planted in the above ground planters located in the outdoor learning center All on-site plantings are native plants that will serve as a learning tool for students. 17 of 364Manor •• • • ' '••, • • • , •' '' •• • • • I ' ' I I I ! I I I I J I I I I I I ' /' j l I . ' . ' ,ONG .•,...... AN PAR ,' • " •• . ,. • ' •.. '••' • • • • • •• • • •• • • • ' '• ,'• •' ,,•···· , ,,•• , , • •• • ,' • .,• ' "' ,... / ' ' ' ' ' ·'' '' . ' ,, ••'" --•- .,.,,..,, •' '•• '''• '••,. •• ' ' '• ' MDR•H 12.4 Ac. C•IO Elementary -'T\ SchQol 12.7 Ac. c-n MDR-L 36.l i c. • D-J 11DR- L 25.4 Ac. ,'I. I ..... -,.'P ' / / ,_-., f,:':;"<o, :,,_·. i i i i I,' if // // if // I I II // // // // // // if // // If I/ // // /J // D-7 Commercial 14.4Ac. •• . ........ -:--:- ' '' ...'..,. . ,( ' --...:::: , . , .. ',.,;,"::; ·, B•l Commercial 15.9 Ac. B•5 MOR·L 16.8 Ac. B•J Elementary School 13.7 Ac. B•4 MOR-L 32.4 Ac. '' !l•l' MDR-H 30.9 Ac. l!ll•? MDR-L 46.9 Ac. B-10 MDR-L 67.8 fa,c I • B-13 _ommuni Park 22.7 Ac. !I•!! MDR-L 73. l Ac. • ·->-· -····•••••••♦ Trail Network Legend ■■--■■ Pedestrian Hike & Bike Lane (w;dch 6") ,■-■■■--■-- Gilleland Creek Regional Greenbelt Trail ■ ■ ■ ■ ■ ■ ■ Nature Trail (W;dth Var;es) (Construction Responsibility by Others) ■-■■ --------------- Manor Expressway Pedestrian Trail I■ - ■ Green Line Pedestrian Trail Trail Node Note: Alignments oftrails shown on this plan are.conceptual in nature and are subject to change based on more detailed design infomiacion. Trail alignments will be flnatize'd and shown on subdivisi'ons and related site plans. Except for the regional greenbelt trail, all trail construction shall be the responsibility of sµbdivider and shall be considered' part of the rEiquired infrastructure. Dev4eloper HOM l"itan Development, LLC Attn: Bill Pe,ruzzi 1300 Virginia Drive, Suite 225 Fort Washington, PA 19034 . ' Development Consultant: Peter A. Dwyer 9900 Highway 290 East Manor, TX.78653 (512)327-7415 Attorney: Armbrust & Brown I 00 Congress, Suite 1300 Austin, TX 7870 I (512)435-2300 ; •• •• I •• •• • • •• •••••• ••• •••, • • ,-##¥ Traffic Consultant: ##, Alliance Texas Engin ring Co. I 00 E Anderson L;m';, Suite 300 Austin, TX 787:;1. : (512)821-208 , • Engineer: Murfee Engineering Company I IO I South Capitol of TX Hwy Building D, Suite 110 Austin, TX 78746 (512)327-9204 Process 05/31/2013 03/18/2014 05/21/2015 Submitted Revision I Revision 2 Revision Revision ·R,evision Revision Revision Final Submittal Legend Property Boundary :::. == = 1-Utility Easements 11::itlll:ll:J;' Proposed LCRA Easement FEMA I 00 Year Floodplain Critical Water Quality Zone Water Quality Transition Zone Prop_osed ROW within the PUD Existing SH 130 ROW within the PUD ' .,>, , , roval Stam A' ' :r Cf! Jl/-00-2,063 by Plm'liftg Cm1nni!!ien/Zoning and Platting Conuni§:sfon on: NovVZ rc1a1e)•. PUD APPROVAL <lo 5 """"--'(yeru-). ;"·{)proved by Council on Feb.lq fl? 02, 421,422,423, 144,392,411, and_ of Chapter 25-2 of the City Code. (date) 2.0o2.. 1 (yeai-), under Sections 401, , ror Neighbodrooft Plannin - ORl>.il oioZll·.U 1 N QRTH (PAGE 40 F 5) \II information fumished tegarding this property is from sOUJ'CeS deemed reliable. However, RVi has not made an :'.'Idependent investigation of these sources and no warranty or representation_i!> madeby.&Vi as to the ac:curacy thereof and ,ame is submi d subject to_errors, omissions, land plan changes, or other conditions. Thisland planis conceptual in nature ind does not represent any regulatory approval. Land plan is subject to change. The developer has reserved the right, without ·totke,to make changes to this map and other aspects of the development to comply with governmental requirements and to ------------------------------•------------------------------:,a"';;fil::,li::;":.:m:::"::;k:;;•;:tin::,g:,:o:a o;":;:'c;"'::.·--------------------------- ...... 1 18 of 364 PROJECT AREA ► N 4000 ft 19 of 364 Residential Future Residential Residential Future Residential COA-mapped Creekline Project Area μ Feet 0 150 300 Baer Project No. 212078.01 Date: December 8, 2021 TBPE Firm No. F-3181 TBPG Firm No. 50030 Base Map: ESRI World Imagery 2020 Appendix B Site Vicinity Map Manor Phase I ESA 20 of 364 6760437.11 2016 = 500' 21 of 364Property Profile CWQT, WQTZ, and Aquifer Zones Map Legend Jurisdictions Fill Jurisdiction FULL PURPOSE EXTRATERRITORIAL JURISDICTION OTHER CITY LIMITS OTHER CITIES ETJ Environmental 3 Creek Buffers (CWQZ/WQTZ) Critical Water Quality Zone 0 1000 2000 ft 8/26/2022 This product is for informational purposes and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. It does not represent an on-the-ground survey. This product has been produced by the City of Austin for the sole purpose of geographic reference. No warranty is made by the City of Austin regarding specific accuracy or completeness. Notes 22 of 364 23 of 364 24 of 3644 9' C H A N G E IN E L E V A TIO N 25 of 36426 of 36427 of 36428 of 36429 of 36430 of 364 • Iii • • • • .. • ••• • 31 of 364 1 4 1 2 1 1 2 1 2 2 1 Legend 1 NATIVE & ADAPTED TREES, TYP. 2 NATIVE & ADAPTED SHRUBS, TYP. 3 OUTDOOR EDUCATION AREA: ABOVE GROUND PLANTERS TO BE PLANTED WITH POLLINATOR PLANTS INCLUDING INDIGO BUSH, MILKWEED, NARROW-LEAF CONEFLOWER, OR PITCHER SAGE; SEE DETAIL BELOW 4 SOD Above Ground Planter Detail 1 3 List of Plants Used Y A W R E G R A H C 2 1 2 2 1 2 1 N 0 4 25 50 100 150(FT) Manor ES No.10 | Manor, Texas Overall Planting Plan The information shown is based on the best information available and is subject to change without notice. August 31, 2022 32 of 36433 of 364 Terra Testing, LLC: 212078-8i.010 Manor Phase I ESA February 3, 2022 Page 1 SUMMARY 1.0 This Phase I Environmental Site Assessment (ESA) was performed in accordance with the All Appropriate Inquiries (AAI) Rule specified in the Federal Register Part III EPA 40 CFR Part 312 (U.S. Environmental Protection Agency [US EPA], 2005) and the American Society for Testing and Materials (ASTM) Standard E 1527-13 entitled Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process (ASTM, 2014). The ASTM standard is based on three major lines of inquiry: regulatory records review and historical documentation, site reconnaissance, and interviews with people familiar with the site. The site comprises a vacant property that is located next to a residential neighborhood in southwest Manor. In the course of preparing this Phase I ESA, Baer Engineering identified no Recognized Environmental Conditions (RECs) for the Site. No records from the EDR environmental regulatory databases were found for the Site or within the search distance. Baer Engineering and Environmental Consulting, Inc. Sustainability through Responsible Engineering of the Built Environment™ 34 of 364 ENVIRONMENTAL COMMISSION MOTION 20220921-003 Seconded by: Kevin Ramberg Date: September 21, 2022 Subject: Manor ISD Elementary School #10 (SP-2022-0095CX) Motion by: Jennifer Bristol RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant is requesting to vary from LDC 25-8- 342 to allow fill over 4 feet up to 33 feet, and WHEREAS, the Environmental Commission recognizes the site is located in the Gilleland Creek Watershed, Suburban, Desired Development Zone; and WHEREAS, the Environmental Commission recognizes that Staff recommends this variance, 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: • Provide structural containment of fill with a terraced retaining wall where applicable • Increase tree inches by adding 20 native trees over the required number of trees • Provide pollinator plants along with educational signage for the children • Use rainwater harvesting on-site and the following Environmental Commission Conditions: • • • • • • Consider including solar technology Consider using A/C Condensation catchment system Consider including at least one charging station for staff or visitors Encourage a long-term tree care plan for the new and existing trees Consider natural classroom and natural play areas Consider composting and gardening educational areas. 1 35 of 364VOTE 11-0 For: Aguirre, Barrett Bixler, Bedford, Bristol, Brimer, Nickells, Ramberg, Schiera, Scott, Thompson, and Qureshi Against: None Abstain: None Recuse: None Absent: None Approved By: Kevin Ramberg, Environmental Commission Chair 2 36 of 364