05 SP-2024-0202D - The Clovis at McKinney Falls - Staff Report — original pdf

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SITE PLAN REVIEW SHEET ENVIRONMENTAL VARIANCE REQUEST ONLY CASE NO: SP-2024-0202D COMMISSION DATE: October 7, 2025 NAME: The Clovis at Mckinney Falls ADDRESS: 6507 McKinney Falls Parkway APPLICANT: Jake Brown; LDG Development, LLC AGENT: J Segura; Dunaway ZONING: N/A - 2-mile ETJ NEIGHBORHOOD PLAN: N/A PROPOSED DEVELOPMENT: The applicant is proposing to build a multi-family development with associated improvements. AREA: 15.97 acres COUNTY: Travis LOTS: 1 DISTRICT: N/A - 2-mile ETJ WATERSHED: Cottonmouth Creek, Suburban JURISDICTION: Austin 2-Mile ETJ VARIANCE: The applicant requests the following: 1. Request to vary from LDC 25-8-342 to allow fill from 8 to 15 feet. STAFF RECOMMENDATION: Staff determines that the findings of fact have been met. Staff recommends approval of the requested variance with the staff conditions outlined on page #2 of the staff report, as well as the Environmental Commission’s recommended conditions—with the exception of Condition #4, which states: “Incorporate pedestrian, bike, and multi-modal design into the property driveways to allow for greater and safer accessibility to roadways.” The applicant's engineer has indicated that compliance with Environmental Commission variance condition #4 is problematic. Due to steep terrain and ADA slope limits, constructing accessible sidewalks would require extensive switchbacks, grading, and retaining walls—causing significant environmental disruption. The site is in the ETJ, so tree mitigation isn’t required, but impacting mature trees for a sidewalk with limited use is inconsistent with preservation goals. ENVIRONMENTAL BOARD ACTION: September 3, 2025: The Environmental Board voted in 7 favor, 0 against, 0 absentia ENVIRONMENTAL REVIEW STAFF: Mohamad Abdulkader PHONE: 512-974-6303 05 SP-2024-0202D - The Clovis at McKinney Falls1 of 7 E-mail: mohamad.abdulkader@austintexas.gov CASE MANAGER: Alyse Ramirez PHONE: 512-978-1750 E-mail: Alyse.Ramirez@austintexas.gov ATTACHMENTS Environmental Commission Recommendation Environmental Commission Backup 05 SP-2024-0202D - The Clovis at McKinney Falls2 of 7 ENVIRONMENTAL COMMISSION RECOMMENDATION 20250903-002 Date: September 3, 2025 Subject: The Clovis at McKinney Falls SP-2024-0202D Location: 6507 McKinney Falls Parkway, Austin, Texas 78744 Motion by: Mariana Krueger Seconded by: Jennifer Bristol WHEREAS, the Environmental Commission recognizes the applicant is requesting to vary from LDC 25-8-342 to allow fill 8 feet to 15 feet; and WHEREAS, the Environmental Commission recognizes the site is located in Cottonmouth Creek Watershed, Suburban Classification, Desired Development Zone; and WHEREAS, the Environmental Commission recognizes that Staff recommends the variance with the following conditions: 1. Contain the fill with an engineered structural retaining wall. 2. Parking lot trees (1.5” caliper from ECM Appendix F) within 50 ft. radius of all parking spaces. THEREFORE, the Environmental Commission recommends the variance request with the following Environmental Commission conditions: 1. Have a five-year tree management plan 2. Utilize 609-S native seed planting, Blackland prairie grasses, and pollinator plants in green space areas, especially along the driveway and slopes 3. Utilize Dark Sky, bird-friendly, downcast lighting throughout the property, including warm-hue outdoor lighting 4. Incorporate pedestrian, bike, and multi-modal design into the property driveways to allow for greater and safer accessibility to roadways VOTE 7-0 For: Jennifer Bristol, Mariana Krueger, Richard Brimer, Isabella Changsut, Justin Fleury, Martin Luecke, David Sullivan Against: None Abstain: None Recuse: None Absent: Hanna Cofer, Annie Fierro, Ashika Ganguly, Haris Qureshi Approved By: Jennifer Bristol, Environmental Commission Chair 05 SP-2024-0202D - The Clovis at McKinney Falls3 of 7 ITEM FOR ENVIRONMENTAL COMMISSION AGENDA COMMISSION MEETING DATE: 09/03/2025 NAME & NUMBER OF PROJECT: The Clovis at Mckinney Falls SP-2024-0202D NAME OF APPLICANT OR ORGANIZATION: Jake Brown; LDG Development, LLC LOCATION: 6507 Mckinney Falls Parkway, Austin, Texas 78744 COUNCIL DISTRICT: N/A - Extra Territorial Jurisdiction ENVIRONMENTAL REVIEW STAFF: Mohamad Abdulkader, Senior Environmental Review Specialist Development Services Department; 512-974-6303; Mohamad.abdulkader@austintexas.gov WATERSHED: REQUEST: Cottonmouth Creek Watershed, Suburban Classification, Desired Development Zone Variance request is as follows: Request to vary from LDC 25-8-342 to allow fill 8 feet to 15 feet. STAFF RECOMMENDATION: Staff recommends this variance, having determined the findings of fact to have been met. STAFF CONDITION: 1. Contain the fill with an engineered structural retaining wall. 2. Parking lot trees (1.5” caliper from ECM Appendix F) within 50 ft. radius of all parking spaces. 05 SP-2024-0202D - The Clovis at McKinney Falls4 of 7 Development Services Department Staff Recommendations Concerning Required Findings Project Name: The Clovis at McKinney Falls Ordinance Standard: Current code/WPO Variance Request: Request to vary from LDC 25-8-342 to allow fill 8 to 15 feet. 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 other similarly situated property with approximately contemporaneous development subject to similar code requirements. Yes. Other owners with similarly situated property with approximately contemporaneous development have access to the ROW. The Travis County Fire Marshall review is requiring two different access points to the property through both McKinney Falls Parkway and Dee Gabriel Collins Road. The northwest site of the property adjacent to Dee Gabriel Collins Rd. consists of slopes 25% and greater. The applicant proposes fill 8 to 15 feet to construct a driveway in compliance with fire access regulations that require finished driveway slopes to be 10% or less. 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 requested fill variance is necessitated by the lot configuration, existing topography, roadway connectivity, and the need for a second fire lane access. The proposed location of the second driveway is limited due to the Travis County Sight Distance restrictions at the Dee Gabriel Collins Rd. and McKinney Falls Parkway intersection. b. is the minimum deviation from the code requirement necessary to allow a reasonable use of the property; and Yes. The Clovis at McKinney Falls has been designed to minimally deviate from the code to establish grades allowable for a fire lane access and for the 05 SP-2024-0202D - The Clovis at McKinney Falls5 of 7 project to have two different access points. Only a very small portion compared to the whole of the property will require a variance to allow fill from 8 to 15 feet while the rest of the areas on both driveways and throughout the property will comply with LDC 25-8-341 and 25-8-342. The project will also include a retaining wall to contain the proposed fill to avoid and decrease soil and land disturbance which protects nearby trees. c. Does not create a significant probability of harmful environmental consequences; and Yes. The proposed site plan minimizes the probability of erosion being caused containing the filled material within a retaining wall, therefore minimizing soil disturbance while protecting nearby existing trees. 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 proposed design adheres to all water quality requirements outlines within City code and criteria and as such, will result in water quality that is at least equal to water quality achievable without the variance. Site run-off will be collected in a series of drains and piped to the partial Sedimentation/Filtration Pond with stacked detention. The Land Use Commission may grant a variance from a requirement of Article 7, Division 1 ( Critical Water Quality Zone Restrictions ), after determining that: 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), Section 25-8-482 (Water Quality Transition Zone), Section 25-8-652 (Restrictions on Development Impacting Lake Austin, Lady Bird Lake, and Lake Walter E. Long), or Article 7, Division 1 (Critical Water Quality Zone Restrictions): 1. The criteria for granting a variance in Subsection (A) are met; N/A 2. 3. The requirement for which a variance is requested prevents a reasonable, economic use of the entire property; N/A The variance is the minimum deviation from the code requirement necessary to allow a reasonable, economic use of the entire property. N/A Staff Determination: Staff determines that the findings of fact have been met. Staff recommends the following conditions: 05 SP-2024-0202D - The Clovis at McKinney Falls6 of 7 • Retaining wall for any fill over 8 feet • Parking lot trees (1.5” caliper from ECM Appendix F) within 50 ft. radius of all parking spaces. Environmental Review Specialist Senior (DSD) Environmental Policy Program Manager (DSD) Interim Environmental Officer (WPD) Date: 8/8/2025 _____________________________ Mohamad Abdulkader _____________________________ Mike McDougal Date: 8/11/2025 _____________________________ Liz Johnston Date 8/11/2025 05 SP-2024-0202D - The Clovis at McKinney Falls7 of 7