Item Coversheet

City Council Meeting
3/24/2015
Agenda Item Transmittal

 Agenda Item: 8.

 Agenda Title: Discuss and consider action on the Site and NPS Pollution Control Plan for the Hill Country Indoor

 Council Action:
 Approve or deny

 Department: Engineering

 Staff Contact: MD. Moazzem Hossain, E.I.T., Engineer Associate


1. INTRODUCTION/PURPOSE


To discuss and consider action on the Site and NPS Pollution Control Plan for the Hill Country Indoor (HCI) developments proposed to be located at 4317 Skaggs Dr., within city limits of Bee Cave, Travis County, Texas.  



2. DESCRIPTION/JUSTIFICATION

a) Background


The proposed HCI development project will be constructed on the 8.603 acres property, legally known as Lot 1, Block A of the HCI Subdivision Final Plat (approved on January 31, 2013; Recorded Document # 201300022 of the Official Public Records of Travis County, Texas).  The property is zoned as PD-R.  The project is subject to the HCI PDD Ordinance No. 14-201 (attached as a reference) and 12-113, and the revised Concept Plan as approved by City Council on July 22, 2014. 

 

The submitted plan proposes to construct an indoor sports/recreational facility consisting of four buildings inter-connected to each other.  The building closest to Skaggs Dr. will have one level of parking lot below the building.  The total building footprint is 85,000 square feet (as maximum allowed in the PDD).  The proposed facility will also have outside amenities area consisting of Playscape area and seating/recreation area.  Decomposed Granite (with low compaction rates) will be used in outside amenity areas (except for splash pad) and also for pedestrian use sidewalks. 

 

The Site and NPS Plan for Hill Country Indoor (HCI) was enlisted in the City Council meeting agenda dated on March 10th, 2015.  After discussion, City Council decided this item to continue for the next meeting (i.e., this meeting).

Previously, the Site and NPS Plan was denied by the Planning and Zoning Commission on February 17, 2015 due to several missing items that were not addressed and not provided prior to its placement on the agenda as requested by the applicant/developer. The main reason for denial was the incompleteness of the Traffic Impact Analysis (TIA).  Additionally, the applicant (at that meeting) requested to be exempted from providing the necessary public traffic improvements triggered by the indoor sports facility use.

 



b) Issues and Analysis

Street/Access: The facility will be situated along Bee Cave Parkway in between SH -71 and RM - 620.  Skaggs Drive at Bee Cave Parkway is the primary access via a T-intersection with stop control on the Skaggs Dr. northbound approach.  Access to the sports facility will be provided through two driveways:- one driveway off the Skaggs Drive and a second driveway off a private drive that connects to the Skaggs Dr. The northernmost driveway (with raised curb)  closer to Bee Cave Parkway will be right-in/right-out only and the second driveway off the private drive will provide full access. 

                                                                                                                            

The capacity analysis indicated that with the build-out of the HCI facility, the intersections of Bee Cave Parkway at both SH - 71 and RM - 620 will degrade in Level of Service (LOS).  The developer intends to mitigate the degradation of LOS at said intersections by optimizing the timing in TXDOT traffic signals.  The Traffic Impact Analysis (TIA) also indicates that based on the Retail use and TXDOT’s Roadway Design Manual, a right-turn deceleration lane on Bee Cave Parkway (eastbound) onto the Skaggs Dr. is required.  Moreover, lengthening of the westbound left-turn lane on Bee Cave Parkway at Skaggs Dr. is also warranted.  Both improvements are necessary for improved public safety purposes. In the City Council meeting on March 10, 2015; the applicant has agreed to construct the right-turn deceleration lane.  However, in the same meeting the applicant has indicated that modifications to the westbound left turn lane are not intended to be incorporated as part of their development. 

 

The applicant has resubmitted an updated TIA with the new land use on March 3, 2015.  The City’s traffic engineer (Kerri Collins with Parsons-Brinckerhoff) has completed reviewing the revised TIA and City has sent the review comments (Please see attached) memo to developer's traffic engineers.   Items of concerned are - length of right turn deceleration lane, implementation of triggered improvements to left-turn lane, fulfillment of mitigation required at both intersections of Bee Cave Parkway and SH -71 and RM - 620 and Bee Cave Parkway. Other concern is  the estimated values for public improvements and pro-rata share which appear to be considerably low with respect to actual improvements suggested in the TIA and per the City’s traffic engineer. The TIA requires to be updated as suggested, the Site Plan sheets are required to reflect public traffic improvements as triggered by this development, the City and the developer requires to concur on the cost estimates for the mitigation measures, and an escrow agreement needs to be in place. These all can be conditions for City Council's consideration and approval of the subject Site and NPS Plan. 

 

Impervious Cover: Per the applicable ordinance, the site is allowed to have 40% (3.441 acres) of impervious cover of the total site area.  However, the ordinance allows up to 5% increase of impervious cover if developer provides rainwater collection system. The property owner proposes rainwater harvesting via the use of eight (8); two large tanks on surface and 6 small sub surface rainwater tanks.  The provided calculation for roof runoff isolation, water quality storage and control, and on-site irrigation meets the requirement for allowance of 5% additional impervious cover.  As a result, the maximum impervious cover allowance is 45% (3.871 acres) of the total site area.  Total proposed impervious cover is 3.866 acres (please see Sheet 6 for impervious cover breakdown) and an amount of 244 square feet of impervious cover remains unused.  Pedestrian walkways constructed with crushed/de-composed granite will receive 100% credit against impervious cover as allowed through the development standards in the applicable PDD Ordinance 14-201. Applicant has submitted a draft document (please see attached) for “Affidavit regarding Impervious Cover allowance”.  City attorney has reviewed that document and currently preparing an acceptable (for City) document. 

 

Drainage, Water Quality Treatment/Stormwater Detention:  The subject tract is not located within FEMA 100-year floodplain.  The existing site naturally drains from the northeast to the southwest.  Stormwater from the site plus an additional 1 acre of offsite contributing area will be collected on-site via proposed inlets and storm sewers that will tie into the existing storm sewer system in Skaggs Drive, and ultimately conveyed to the water quality pond built previously as part of the Skaggs Site Plan (Permit No. 07646).  The existing storm sewer system in Skaggs Dr. was constructed as part of Hill Country Indoor Phase I Offsite Improvements (Permit No.07766).  An updated analysis of the existing storm sewer system was requested and subsequently performed by applicant’s engineer to verify its capacity to convey the proposed discharge from the site to the existing water quality pond.  However, there is no language pertaining to drainage across the private drive incorporated in the Joint Use Access Easement (JUAE, Document # 2013017835 attached as reference file).  City requested the applicant to submit an amendment to the JUAE that would allow the proposed development to connect or convey the drainage from HCI through Private Drive onto adjacent property owner (Skaggs).  However, applicant has provided a draft document for ‘First Amended Stomrwater Drainage Easement’ (instead of document for amending the existing JUAE) for City's legal staff's review and that document is currently under review. The Site/NPS pollution control plan conforms with the drainage requirements as long as the provided amendment to easement agreement  is agreed and approved by legal staff.

 

The water quality controls consists of an extended detention pond, followed by a secondary BMP Bio-Retention Pond which provides water quality treatment for this development as it was included in the design calculation.  Moreover, stormwater detention will be provided by the existing 9.02 acre-foot detention pond constructed under the same permit for ultimate build-out.  

 

The owner is responsible to maintain the rainwater harvesting system following guidelines as stated in City of Austin Environmental Criteria Manual Section 1.6.3.  Applicant has not provided a recorded Maintenance Plan as requested.  Applicant has only provided a draft (executed, not recorded) version of the Restrictive Covenant for Integrated Pest Management Plan (IPM) which will be part of to be recorded Maintenance Plan. Item is pending recordation in the Travis County Official Public records. Therefore, the Site/NPS pollution control plan consideration/approval is subject to recordation and submission of these documents prior to Site/NPS permit release.

 

Parking Requirements:  Ordinance 14-201, Exhibit C, Section 4 requires the project providing a minimum of 263 on-site parking spaces and 75 off-site parking spaces for overflow parking on adjacent property. A total of 266 parking spaces have been proposed.  Developer has provided Offsite Parking Easement Agreement (Document # 2013017832).  Per PDD, overflow parking need not be paved nor permanently identified or marked.  However, staff recommended that the general area for overflow parking be demarcated and/or boundary limits be implemented onsite to avoid the disorderly use of adjacent tract when triggered by the HCI facility.  Developer shall be required to construct and maintain a pedestrian cross walk from overflow parking area across Skaggs Drive to the Property together with appropriate signage prior to the issuance of a Certificate of Occupancy (C.O).  A sidewalk or other path shall be constructed to provide access to the onsite parking areas from the crosswalk.  Impervious Cover might increase (depends on type of materials) due to sidewalk connection in future.  This requirement has been depicted on the Site/NPS plan (please see sheet 6 of Site/NPS Plan) depicting two options.  The Site and NPS plan may be considered for approval subject to City Council agreeing to either alternative. Staff recommends the crossing farther south on the Skaggs Drive and the City Council in its regular meeting on March 10, 2015 concurred with such option. 

 

Furthermore, if the overflow parking area is relocated in future, the HCI or subsequent business operator will be required to obtain a permit to provide such arrangement.  They will also be responsible for relocating the pedestrian accessibility facilities accordingly.

 

Site Plan Layout:  The submitted site plan layout varies from the approved concept plan especially in regards to finished floor elevations (FFE) and parking layout.  The change in parking lot layout allows the designer to create more parking spots while saving some trees.  The deviation in FFE would allow the developer necessary vertical clearance for the proposed parking lot under building 1.  The overall proposed cut and fill varies by slight number from total cut and fill as presented in Exhibit B3 of Ordinance 14-201. Please see attached Cut and Fill report for detailed quantity.

 

Ordinance 14-201, Exhibit C, Section 13 (b) provides guidelines that sidewalks and trail shall be used throughout the project and sidewalks and trail built within this project shall connect to trails constructed or proposed on adjoining property.  Subject PDD directs that location of the trail system for the property shall be approved with Site Plan approval and be constructed and maintained by the developer.  The plan (please see sheet 6 of Site/NPS Plan) shows potential location of trail connection with that from adjoining Backyard development.  It also shows proposed connectivity trail path on the adjacent side to neighboring development (e.g., Backyard).  However, the plan set lacks a trail system continuous from one end to other end.  A decision regarding the interpretation of requirement as indicated in the PDD can be reached upon City Council's discretion.   

 

Exterior Construction and Design Requirements:   After comparing with the Exhibit B2 of Ordinance # 14-201, it appears that the submitted plan proposes increase in length for all of the four buildings.  Moreover, changes in elevation (still within the allowed 50’ limit) have been observed for all four buildings.  Exterior building generally meets applicable design standards as described in current COBC Code of Ordinance.  Staff requested supplying specifications and details for playscape and seating benches which have not been provided.  Please see attached reference file (Comparison of Building Exterior) that better illustrate or describe the discrepancies and changes from concept plan to Site and NPS Plan.

 

Lighting Plan: Per PDD Ordinance 14-201, Exhibit C, Section 5 (c), COBC Code of Ordinance Section 32.05.012 is applicable for lighting standards for this project.  Lighting will be pole mounted and luminaires will be fully shielded to not spread lighting over the property lines or diminish the night sky.  Per the applicable code all outdoor lighting shall be turned off between 8:30 p.m. and sunrise.   However, developer proposes lighting hours will be from sunset until midnight. Per COBC Code of Ordinance Section 32.05.012, (c) (4) (B), outdoor lighting can operate after 8:30 pm for security purposes or to illuminate walkways, roadways, equipment yards, and parking lots. Based on this interpretation, applicant requested an allowance of outdoor / parking lot lighting until mid-night.  Per PDD Ordinance 14-201, Exhibit C, Section 5 (c), the City Council has the authority pursuant to Site Plan approval upon the request of the developer to approve a lighting plan that deviates from the City's Code of Ordinances or from Ordinance 14-201, if the City Council determines that an alternate design adequately meets the intent of the City's Ordinances.  

 

Moreover, according to PDD Ordinance - overflow parking areas will require lighting (fully shielded) and may be provided through the use of temporary lighting and shall not be turned on except for events that require overflow parking. The specification provided for temporary lighting fixtures do not meet the shielding requirements (Please see sheet 41 of Site/NPS Plan for temporary parking lighting in overflow parking area).  Developer proposed that they will search and provide a light fixtures that meet all the criteria City follows. 

 

Landscape and Tree Preservation: The submitted Landscape Plan meets or closely meets all applicable Landscape requirements except shading requirements for each parking space not been located further than 50 feet from tree plantings specifically in a pervious median, peninsula, or island.   However, the plan meets the basic intent of landscape ordinance in such case.   Applicant agreed to pay the ‘Tree Replacement Fees’ in the amount of $20,000.00 and this payment is a pre-requisite condition for site plan approval by City Council and subsequent Site Permit issuance. 

 

Utilities: West Travis County Public Utility Agency (WTC-PUA) will provide Water and Wastewater services.  Proposed Water and Wastewater line will tie into existing Water and Wastewater line constructed with Skaggs Dr., as part of HCI Subdivision-Phase 1 developments.  During review, it was determined that an easement is required for the domestic and irrigation water meters.  Applicant has submitted recorded easement documents by WTC-PUA. 

 

Fiscal Security:  Fiscal security for temporary and permanent erosion controls and tree protection will be posted in the amount of the engineer’s estimate ($118,830.00) for the probable cost of those controls.  Type (e.g., cash escrow, cashier's check, performance bond, letter of credit etc) of fiscal security is unknown at this point.  Submission of fiscal security in appropriate format is a pre-requisite for Site permit issuance.  



3. FINANCIAL/BUDGET

Amount Requested Fund/Account No. 
Cert. Obligation GO Funds
Other source Grant title
Addtl tracking info 

4. TIMELINE CONSIDERATIONS

The applicant would like to commence the project as soon as receiving approval from City Council and other reviewing/approval agencies (e.g., WTC-PUA, LTFR, AE etc.) and obtains a Site/NPS permit. However, with pending response to TIA review comments, suggested changes in TIA and subsequently on plan sheets, and agreement of cost estimates for triggered improvements; the approval during this meeting does not appear to be achievable.

5. RECOMMENDATION

Staff confirms that the Site and NPS Plan application is substantially complete for action by the City Council. However, approval can be pending the outcome of re-submission of the TIA report after addressing review comments generated by the City and applicant’s decision for triggered traffic public improvements mitigation or pro-rata share costs once agreed and updated accordingly by traffic engineers. Pending the discussion during the City Council, the item most likely will be continued until the applicant and the City’s traffic engineer have agreed on estimates for pro-rata share as well as proper land use triggered by the facility. Below is the list of pending key items:- - Pending revised TIA . - Applicant's willingness to implement triggered traffic improvements on Bee Cave Parkway per TIA and City's suggestion . Traffic improvements are also triggered in the intersections of SH-71 and RR - 620 with Bee Cave Parkway. Level and processes for these improvements can be discussed during the meeting and both parties requires to be in agreement for positive consideration. The Site Plan sheets will be required to be updated to reflect the traffic related improvements agreed upon. - Pending legal acknowledgement of Drainage Easement allowing the proposed development to connect/convey drainage thought private drive onto Skaggs property. Also the document for impervious cover allowance requires to be executed. All legal documents requires to be recorded. - Recorded Maintenance Plan (along with recorded Integrated Pest Management Plan) for the Rainwater Harvesting System. - Decision on trail system connectivity and subsequent updates on Site Plan to reflect continuous trail system. - Payment of 'Tree Replacement Fees' in the amount of $20,000.00. Also submission of fiscal security in the acceptable format is required.
ATTACHMENTS:
DescriptionType
Timeline of Project submission and reviewExecutive Summary
TIA review commentsExecutive Summary
E-mail providing response regarding TIA reportResolution Letter
Engineer’s Summary LetterCover Memo
Concurrence Letter from Geotechnical firmResolution Letter
Ordinance No. 14-201Ordinance
Offsite Parking Easement Agreement (Document # 2013017832)Backup Material
Stormwater Drainage Easement (Document # 2013017833)Backup Material
Joint Access Easement and Driveway Construction Agreement (Document # 2013017835)Backup Material
Draft “First Amended Stomrwater Drainage Easement”Backup Material
Restrictive Covenant for Integrated Pest Management (IPM)Backup Material
Impervious Cover Affidavit -Draft documentBackup Material
Recorded WTC-PUA Permanent Easement Backup Material
Recorded WTC-PUA Permanent Easement Backup Material
Cut/Fill ReportExecutive Summary
Comparison of Building ExteriorExecutive Summary
Site and NPS Plan : selected sheets -Part 1Exhibit
Site and NPS Plan: Selected sheets- Part 2 Exhibit
Site and NPS Plan: Selected sheets - Part 3Exhibit