Location:

Bee Cave Parkway west of the Hill Country Galleria and east of RR 620.

19.5 total acres on 2 non-contiguous parcels

· North tract: 13.4 acres

· South tract : 6.1 acres

3.45 acre City owned water quality reirrigation area known as “Crescent Tract.”   Located at the southeast corner of RR 620 and Bee Cave Parkway.  There are no building proposed on this tract, but the current and proposed PDDs include trail and park improvements, in addition to retaining the primary function of water quality re-irrigation area for the project.

Adjacent Neighbors:

· North – Balcones Canyonland Preserve (3000’ border)

· West – RR 620

· East – Balcones Canyonlands and HCG

· South – “Crescent Tract”; VFW Office project (under construction)

· Between the two lots is a vacant parcel zoned Town Center. There is a Memorandum of Agreement for a reciprocal, joint use access easement among the two owners of the three parcels.

Future Land Use Map:

Mixed Use

Existing Conditions

Existing water quality pond at corner of RR 620 and BCPwky.

Planned Development District with Mixed Use base zoning

Complete MU criteria are available in Section 32.03.013; highlights below.

Purpose:

The MU - Mixed Use District is intended to provide a mixture of uses but contain mostly residential uses. The residential uses should be either SFA, SF-PH or MF-1 uses. Uses should be arranged on the site such that they complement one another, although much flexibility is allowed on how each use is situated on the site. Nonresidential uses should consist of office, neighborhood service, and retail uses. Design and development standards are established on the site plan. Additionally, public pedestrian walkways, open areas and extensive landscaping are desired in order to promote interaction along different land uses and to create a “pedestrian friendly” environment. The following are key concepts that should be acknowledged through development practices within the MU District:

(1)     Residential uses are encouraged in conjunction with nonresidential activities in order to create a pedestrian-oriented environment, as well as to reduce vehicular traffic and encourage pedestrian traffic;

(2)     All types of residential uses should be encouraged, including single-family homes, if detached, shall be located on individual lots held in fee simple title, townhouses, condominiums and multifamily units; some housing should be provided above retail establishments;

(3)     Ample green space should be provided in conjunction with a mixture of uses, including shops, lodging facilities, civic facilities and churches;

(4)     Retail uses within the MU District should be constructed at a “human scale,” with an emphasis on small, specialty shops;

(5)     Traffic flows within the MU District should enable people to move freely without the use of an automobile by emphasizing the City trail system; and

(6)     Outside social gathering spaces, such as small parks, courtyards should be an integral part of any mixed use development.

Height

(Excerpt) (1)     No more than two (2) stories not to exceed a maximum height of thirty-five (35) feet.

Setback (Excerpt)

Minimum Front Yard - 50'

Minimum Side, Rear Yard- 25'

Building Size

(A)     The minimum building footprint for nonresidential structures is fifteen hundred (1,500) square feet.

(B)     Structures with 50% or less residential use floor space shall be limited to a building footprint area not to exceed twenty thousand (20,000) square feet.

(C)     Structures with more than 50% residential use floor space shall be allowed a building footprint of up to thirty-five thousand (35,000) square feet.

Hours of Operation

All permitted uses within this district, with the exception of restaurants, health-care facilities, lodging facilities such as motels and hotels, emergency veterinary services, and government and public uses, shall have hours of operation between 8:00 a.m. and 8:00 p.m.

Uses

Approved PDD

Proposed Amendment

· Residential: 120 condos. On southern tract. Deed restricted to “prohibit long term leasing (e.g. more than 6 consecutive months), short term leasing such as a time share, day rental, week to week rental or weekend rental, by the owner and limits buyers to a maximum of one (1) unit. Deed restrictions shall also restrict condos to use as owner occupation only, unless such occupancy is to a member of the owner’s family within the second degree of consanguinity or affinity. Amendments to the deed restrictions associated with the foregoing restrictions may not be amended without the approval of the City.”

· Office: Six office buildings on northern tract.

· Restaurant: on northern site, within ground level of southernmost office building. Up to 6,500 sf.

· Office Parking Garages: Two. 32,500 sf footprint and 162,00 gfa each. Max 35’ height. Required to be screened with drought tolerant vines. Available to public for free on weekends and after 5pm for access to the scenic overlook.

· Scenic Overlook: Min 1.5 acres. Located on northern site in ne corner overlooking Balcones Canyonland.Required benches, educational signage, trails, viewing deck, and telescope.

· Crescent Tract: 3.4 acre City-owned re-irrigation area (south side of street). Developer responsible for improving (benches, trails, landscaping) and maintaining (20 yrs).

· Water well. For irrigation.

· Supporting uses: Allows accessory uses to office internal to the main structures e.g. coffee shop, dry cleaner.

· Trees in Medians of BCPkwy (off-site): developer responsible for designing, landscaping, and maintaining medians on BCPkwy between RR 620 and 2244.

· Residential: 41 condos and 16 attached townhouses (each with required two car garage). All remain on southern tract. Deed restriction restricting leasing/rentals in draft form. Includes a private garden and apiary in front of site closest to BCPwky. Branded as “Ethan’s View.”

· Office: Remains the same (rts).

· Restaurant: Continues to share space with Office Building F. Shifted north for better view. Increased % of building; up to ~14,000 sf. Branded as “Bloom.” Utilizes produce from private garden on south site.

· Office Parking Garages: None above ground. Replaced with combination of underground (majority) and surface parking. Until build-out (Phase III), some of the buildings will be served by temporary surface lots (that are built to Code standards for permanent parking lots).

· Scenic Overlook: Amenities rts. Shifted slightly. .22 acres

· Crescent Tract: rts. Plans to be submitted at Site Plan.

· Water Well: rts.

· Supporting uses: rts

· Trees in Median: rts.

Staff comments

- Underground parking in lieu of surface or structured is an improvement.

- Reduction in # condo units will reduce impact on BCPwky traffic.

- The new location of the restaurant makes the surface parking lot more visible from Bee Cave Parkway. High quality, dense landscaping to screen it is especially important. In this location, the project proposes to plant 1.5x Code requirements in terms of quantity and caliper inches at planting, plus 1 shrub per 25 sf. Although this is less than the 2x proposed originally, they have provided a more detailed plan that demonstrates sufficient (and maximum practical) density for screening, while also agreeing to add a trail segment that will improve the public’s connectivity to the scenic overlook.

- Regarding the vegetation in the median, the applicant has prepared some conceptual sketches for consideration, in line with what was shown previously and staff’s recommendation for native, drought tolerant plants.  This includes some medium sized trees to establish Bee Cave Parkway as a boulevard (must be located where they do not impede safe turning movements); no or minimal grass that requires mowing; and perennials, including wildflowers; replacement of the unhealthy live oaks that are there now.

-In the original PDD, Exhibit C Section II(G)(1) included some limitations on the condominiums being owner or renter occupied.  Staff recommends refining the language to improve clarity and remove conflicting statements to make the previous intent easier to interpret.

Approved PDD

Proposed Amendment

See approved PDD Exhibit B3.2 for detailed summary of height (by side) and square footage.

· Condos: 4 buildings, 4 stories (+2 underground parking), 47 ‘ tall; 11,500-16,400sf footprint; 46,000-65,600 gfa, 336,500 max gfa

· Townhouses: NA

· Offices: 6 buildings, 2-3 stories tall, 35’-47’ tall, 6,500- 19,800 sf footprint, 13,000-59,400 gfa. Barrel roof.

· Restaurant: within the smallest office building

· Parking Structures:

· Materials: limestone, stucco, wood, metal roof

See attachments for detailed summary for detailed summary of height (by side) and square footage.

· Condos: 2 buildings, 4 above-ground levels (+1 underground parking), 47’ tall.

· Townhouses (new use): 3 buildings, with 3-7 units each, 2-3 stories each, 29”6”-41’ tall.

· Offices: 6 buildings, 2-3 stories, 33’7” to -47’ tall, size roughly similar to previous PDD. Plazas between buildings (and over underground garage).

· Restaurant: remains within office building. Includes surface and rooftop bar/deck and patio.

· Parking Structures: Moved underground, under offices and plazas.

· Materials: condos: predominantly glass, stone.

Offices: limestone, concrete; Restaurant/Office: stucco, stone, metal panels, wood soffit

· Height Measurement Methodology: Clarified— Includes the height of any parapets, mechanical equipment, elevator housing or other structural components in accordance with the City’s Code of Ordinances. Building equipment shall be screened from view. Flag poles or lighting fixtures shall not be included in calculation of the height.

Staff comments

- The site is uphill from RR 620 and Bee Cave Parkway (toward the western end), which makes any vertical structures potentially more imposing. The current PDD requires that buildings are “terraced following the natural terrain.” With regard to the offices, the updated layout is more successful at achieving this objective. It also allows better views from Bee Cave Parkway into the Balcones Canyonland by orienting the buildings perpendicular to Bee Cave Parkway, particularly between buildings D and E. Making Building B two stories rather than three like the rest helps reduce the impact from RR 620. Angling the buildings, particularly Building E, should help reduce the scale.

- Since June 2016, the Office architecture and materials palette has changed, the height has been reduced, the modulation has increased, and the length of the buildings visible from Bee Cave Parkway has been reduced. The Restaurant/Office building, the Condominiums, and the Townhouses are substantially similar.

- Regarding glazing on the condominiums and townhouses, the applicant is requesting consideration of glazing above 30%, ranging from 40 to 60%.  He has prepared comparative renderings for the elevations of Buildings G1 and G2 that face Bee Cave Parkway; these elevations show approximately 50% glazing.  The question of whether or not condominiums and attached townhouses should be subject to the 30% glazing limitation, which is in the Non-Residential section of the Exterior Construction Standards (32.05.005(b)(1)(B)(ii)), was discussed at great length at the Planning & Zoning Commission meeting.  The majority conveyed they thought the buildings should not be subject to the standard because the use is residential in nature.  From staff's point of view, there is room to support either position, depending on the intent for having the limitation in the Code in the first place.  Condominiums and townhouses are certainly residential in "use," but, at this scale and massing, are more non-residential in "structure."  If the reason for having the glazing limitation is public safety -- i.e. at that size, a building with more than 30% glass creates an extreme amount of glare for drivers --then these buildings should be subject to the standard because they pose the same problem as an equivalently sized office building with more than 30% glazing.    A counterpoint is that these buildings will be behind a high intensity landscaping zone, which will help to reduce most glare at the level of a driver.  If the reason for the limitation is aesthetics, there is far more subjectivity, and Council may be more amenable to taking into consideration common residential features, such as balconies, that break up the appearance, and how the internal configuration of a condominium building is much more segregated than an office building, thereby leaving only two available walls from which each unit can receive natural light.  

Approved PDD

Proposed Amendment

· Access/Max BCPwky Curb Cuts: Max 3 total. Two to northern site (one signalized, one RIRO) and two to southern (full access and unsignalized). Required relocation of median break.

· BCPwky Add’l right turn lane: required to be built by the developer.

· Internal drives: min. 23’ wide. All private. Required shared drive between the two lots and approval/easement from affected property owner required.

· Parking: In northern tract, primarily served by two parking garages. In southern tract (condos) served by underground parking.

· Construction Traffic Plan: Required to be submitted prior to issuance of any building permit.

· Access/Max BCPwky Curb Cuts: same, with slight modifications to location.

· BCPwky Add’l right turn lane: same. Staff recommended and the developer agreed, in addition to the required, new right turn lane, the developer will dedicate a 10’ roadway easement from the westernmost project driveway to the intersection with RR 620 and BCPwky for potential future use.

· Internal Drives: ~26-27’wide. MOA for shared reciprocal access easement with intervening tract provided. Recorded easement required as condition of issuance of first site permit.

· Parking: In southern tract, condos still served primarily by underground parking. The townhouses will each have a two car garage, but the driveways are not long enough to accommodate cars, which is not ideal. All of the 100 spots in the garage under the condos will be assigned. All visitors will be required to use the 15, unassigned surface spaces; the applicant also has agreed to establish a parking easement with the offices so that, in case of an event, the condominium can provide off-site, valet parking service. In northern tract, parking has been moved underground for the offices. The restaurant will have some surface parking, a portion of which will be temporary until the garage is built in a later phase, and also have access to the garage.

· Construction Traffic Plan: rts. Staff recommends this be clarified to include site permits, as well as building permits.

Staff comments

- On the northern site, the traffic impact analysis indicates significant back-up within the site at peak times; this will primarily be a hindrance to office tenants and restaurant patrons rather than BCPwky drivers, who will benefit from the lengthy additional right turn lane on BCPwky required to be installed as part of this project. This internal back-up is exacerbated by the very limited throat depth at the traffic circle; However, given the priority to keep the signal as far east from RR 620 as possible and the limited site depth at the eastern end, in staff’s opinion, this configuration is the better of less-than-ideal choices. If PZ/Council agrees to not count the impervious cover from the new right turn lane in Bee Cave Parkway ROW against the development, this would free up enough impervious cover for the applicant to convert the grasspave firelane in the rear of the site to a full-use access drive and additional entrance to the underground garages, in turn creating more internal room for stacking.

- On the southern site, the TIA also shows tremendous internal wait times (2.5 minutes) at peak hour. This may cause some drivers to make riskier turns out of the site, especially lefts. The applicant has agreed to dis-allow and deter left turns out with a raised pork-chop; preventing left turns from the condominiums emphasizes the need for access to the proposed light on the northern site across the intervening tract. While there is a 2014 MOA between the lot owners describing this, an easement has not yet been executed. In the interim, the applicant has designed the driveways for a future connection and agreed to add a shoulder to the round- about to improve circulation if/when the tracts to the east develop.

- The westernmost driveway is moving slightly farther from the intersection with RR 620, which is a positive adjustment to the design.

- The additional 10’ roadway easement provides the City the flexibility in the future if it needed to dedicate two westbound through lanes on BCPwky, while still maintaining two dedicated right turn lanes. There is a significant slope in this location, however, so construction of this new lane would only be warranted under extreme failure of the intersection.

-The Traffic Impact Analysis identifies a lengthy list of improvements, including adjustments to signal timing, adding new lanes, and restriping.  While the developer is 100% responsible for the cost of construction of the new right turn lane on Bee Cave Parkway (unless the Backyard project builds it first), for most of the rest of the improvements, he is responsible only for his pro rata share.

Approved PDD

Proposed Amendment

· Total of 1.15 miles of public and private trails. All privately maintained, described below.

· Crescent Tract Trails: Provide trails, benches, etc within the Crescent tract (owned by the City, maintain current obligation as a water quality re-irrigation area). A closed-loop spur off the main, regional trail system. Designed, constructed, and maintained for twenty years by the applicant/assigns. Developer agrees to re-work irrigation system to make it compatible with use as trail area/usable open space.

· Trails along BCPwky: Trails on both side of Bee Cave Pkwy, up to 10’ in width. Location and design to be approved in conjunction with Site Plan approval. 10’ pedestrian easement along front line of BCPwky dedicated to City.

· Crescent Tract Trails: rts.

· Trails along BCPwky: 10’, concrete, meanders in front of southern lot (condos) connecting to the tracts to the east and west and separated from BCP by a landscaped berm. The trail continues on the northern site to the proposed traffic signal/roundabout on northern lot. If/when permissions are secured with the owner of the intervening tract, the applicant continues to agree to connect these two segments. The applicant has also agreed to add a 6’ trail(s) connecting the aforementioned 10’ trail to the scenic overlook. These trails will be placed in a public access easement and connect to the regional system.The Developer agrees to pay for installation of pedestrian signals and striping across Bee Cave Parkway at time of right turn lane construction and improve the existing trail south of Bee Cave Parkway from crushed granite to concrete.

Staff comments

- About mid-way through the site’s frontage, heading westward toward 620, the grade between the roadway and the property separates, with the latter being up to 10-15 feet higher. We acknowledge the challenge this presents for effective pedestrian connectivity all the way to the intersection. A reasonable, cost effective compromise is to continue the trail to the future light at the roundabout and require the developer to install pedestrian crossing (lights and striping) to the south side of the street and continue the trail to the intersection at RR 620. If the City doesn’t convert the crushed granite trail along the frontage of the Crescent tract to concrete first, the developer has agreed to make this improvement. This is in addition to the looping, recreationally oriented trails he has agreed to build and maintain within the Crescent tract.

Approved PDD

Proposed Amendment

· Landscape Buffer: 50’ along BCPwky. Required to plant 2x the amount of landscaping required by Code in this area. Included screening walls.

· Water quality and detention: facilities required to be outside of buffer zones and setbacks.

· Landscape Buffer: landscaping density definition modified. Described in detail under staff comments, below.

· Berm: Allow A 3-5’ tall landscaped berm for screening proposed on southern lot along BCPwky. Trail in this area will be on the inside of the berm.

· Water quality and detention: Retaining walls, rock rip rap, and safety fencing associated with water quality and detention facilities are permitted to encroach the rear and side setback as shown on the Concept Plan (northeast corner of southern site).

· Entry features: Permitted to be located within the 50’ front setback as shown on the Concept Plan subject to approval at Site Plan.

Staff comments

- The 2x landscaping was a major component of the mitigation for the original project. With this new submission, the landscape architects refined their high intensity landscape buffer calculations and determined that two times code is not possible in all locations due to various encroachments. They have submitted a sheet subdividing the landscape buffer into various densities—both in terms of size at initial planting and quantity of trees and shrubs. To offset this loss, staff has recommended and they have agreed to a multi-part solution. First, they have added two strategic “No Cut Zones,” in which no vegetation of any size or species can be removed or pruned without permission from the City: 1) To the west of buildings A and B at the top of the hill facing RR 620; there is a dense stand of vegetation that will help obscure this view and 2) In front of the condos, behind the Bloom Gardens; there are many large, healthy live oaks. Second, they have strategically expanded the original area for 2x landscaping outside of the 50’ buffer zone 1) in front of the Bloom Restaurant parking lot; and 2) to the south of the entrance to the Condominiums. Lastly, to be calculated at site plan, for the equivalent number of caliper inches short of providing 2x within the High Intensity Landscaping buffer, the developer will provide a “mitigation fee” to go toward planting of trees/vegetation elsewhere within the City at the City's discretion and/or plant an equivalent amount of vegetation off-site at a location to be determined by the City, and/or plant trees elsewhere on site that do not count toward other code requirements for landscaping.

- As referenced on the landscape buffer sheet, the proposed definition of Shade and Ornamental Trees are as follows:

o Shade: Trees that reach a mature height greater than 20.’ Typical shade trees would include Live Oak, Red Oak, Bur Oak, Cedar Elm, Texas Pistache, Texas Ash, Pecan, Chinquapin Oak.

o Ornamental: reach a mature height between 10’-20.’ Typical ornamental trees would include Mountain Laurel, Crape Myrtle, Red Bud, Anacacho Orchid, Mexican Buckeye, Possumhaw Holly, Yaupon Holly, Desert Willow, Huisache, Mexican Olive, Mexican Plum, Suma, Retama.

- Staff does not have concern about the encroachment of the water quality ponds as depicted because they face the Balcones Canyonland, the encroachment is limited to the embankments of the ponds, and this will aid in making the ponds more natural in form.  .

Approved PDD

Proposed Amendment

· 2x amount of landscaping required by Code required within 50’ vegetated buffer. Iconic walls

· intensified landscaping (see high intensity landscaping sheets and staff comments above for more detail), no cut zones, and a berm required in front of condos; See more discussion above under Setbacks and Landscape Buffers.

Staff comments

- Enhanced screening in the 50’ landscape buffer (reduced from the Code-required 75’ in the original PDD) was a major component of the mitigation in the approved PDD. See more discussion above under Setbacks and Landscape Buffers.

- The approved PDD included “iconic walls,” which have been removed. It is difficult to ascertain the impact this will have, however, since the detail on what that meant was scant.

- Configuration doesn’t allow much room for screening of rear of buildings due to fire lane. However, being adjacent to Balcones Canyonland this is less critical than normal.

Approved PDD

Proposed Amendment

· Open Space Amount: 4.780 acres/25.2% (amt required: 3.89 acs/20%)

· Tree Preservation:

o Live Oaks Removed 2,610” (62%)

o Trees with 10”+ caliper Removed: 1,818 (57.3%)

o Protected Trees removed: 3,643” (63.6%)

o NOTE – the tree survey submitted with the approved PDD omitted 4” trees. The tree survey was updated for the amendment so a comparison of the inches is a little misleading.

· Open Space Amount: 3.98 acres/20.38 % (amt required: 3.91 acs/20%). Including hardscaped plazas and re-irrigation areas

· Tree Preservation:

o Trees Removed: 70%

Staff comments

- The proposed open space includes approximately .5 acres that will double as re-irrigation area for the water quality pond. These two uses can be appropriately co-mingled with some thoughtful design and operational considerations such as signage about the water being non-potable, no pesticides/fertilizers/herbicides, and a secondary rain-sensitive irrigation system to keep the vegetation alive during dry periods.

- There’s not a lot of room on the site to replace all the trees that are being removed.Staff recommends the tree removal calculation exclude crediting the additional trees required in high intensity landscape buffer so they are not double counted for credit.

Approved PDD

Proposed Amendment

· Maximum % IC: 44.2%, utilizing rainwater harvesting. Required to include IC from new right turn lane on Bee Cave Parkway.

· Credit for Fire Lanes: Allowed 50 percent credit for pervious pavers or grass pave used as fire lanes but closed to regular vehicular traffic.

· Water quality facilities: required to be considered impervious

· Detention: considered pervious.

· Transfer of Impervious Cover: None

· Estimated % Impervious: 41.6%-45.1%, depending on how the new right turn lane in BCP ROW is categorized.

· Credit for Fire Lanes: same request. May not be necessary if credit is given for new BCP right turn lane and the fire lane is converted to a full-access vehicular driveway.

· Transfer of Impervious Cover: If the BCP right turn lane does not count against the project, this transfer request will be removed.

Staff comments

- This amended projected as initially submitted for review—counting the new right turn lane on BCP against the project and counting the grass-pave fire lane to the rear of the office buildings at 50%-- is within impervious cover limitations. However, there are a few considerations staff recommends you consider. First, staff recommends the new right turn lane not count against the project because it will serve more than the project and is located within existing right-of-way; with both of these factors in play, this is consistent with treatment of other projects. Secondly, internal circulation will be improved if the designated fire lane is converted to full vehicular access (and therefore counted at 100% impervious cover), which allows an additional access point to the garage and more stacking room. The applicant has agreed in concept to the latter, but only has enough impervious cover to make the conversion if the right turn lane does not count against the project.

- Irrespective of the preceding paragraph, a transfer of impervious cover is no longer necessary.

- As water quality ponds are proposed to be unlined, staff supports amendment to treat them as pervious—like code.

Approved PDD

Proposed Amendment

· Mixed Use Hours of Operation in Code: 8am to 8pm

· 2am for restaurant

Staff comments

- Recommend limiting outdoor restaurant service to end at 12a.

Approved PDD

Proposed Amendment

· Utilities located along Bee Cave Parkway and within the boundaries of the Project must be buried. Any utilities that are required to be constructed across Bee Cave Parkway shall be constructed by boring under the Parkway. Pavement cuts through the Parkway are not permitted unless it is determined that sleeves do not exist within Bee Cave Parkway.”

· rts.

Staff comments

- None.

Approved PDD

Proposed Amendment

· Traffic improvements: Phase 1. Must be “completed prior to commencement of any other phase.”

· Water Quality Ponds: Phase 1. Must be “completed prior to commencement of any other phase.”

· Crescent Tract Improvements: Phase 1. Must be “completed prior to commencement of any other phase.”

· Bee Cave Pkwy Vegetated Medians: Phase 1. Must be “completed prior to commencement of any other phase.”

· Trails along BCPwky: Phase 1. Must be “completed prior to commencement of any other phase.”

· Scenic Overlook: Phase 1. Must be “completed prior to commencement of any other phase.”

· Enhanced Landscaping internal to project: Phase 1. Must be “completed prior to commencement of any other phase.”

· Structures:

o Phase 1: Condos, restaurant/office, 2 offices buildings, 1 office parking garage

o Phase 2: 3 office buildings and 1 office parking garage

· Traffic improvements: Prior to issuance of the first Phase 1 CO

· Water Quality Ponds: Prior to issuance of the first Phase 1 CO

· Crescent Tract Improvements: Prior to issuance of the first Phase 1 CO

· Bee Cave Pkwy Vegetated Medians: Prior to issuance of the first Phase 1 CO

· Trails along BCPwky: Prior to issuance of the first Phase 1 CO

· Scenic Overlook: Prior to issuance of first Phase 2 site development permit.

· Enhanced Landscaping internal to project: shown on each site plan and completed concurrently with the adjacent development

· Structures:

o Phase 1: Condos and Office/Restaurant Building F, restaurant surface parking

o Phase 2: Office Buildings A, B, C, part of underground garage

o Phase 3: Office Buildings D & E, remainder of underground garage

Staff comments

- Through most of the review, the configuration of the northern site substantially matched the configuration in the approved PDD and it made sense to delay construction of scenic overlook to avoid damage. With the new configuration, it is feasible to construct the overlook at the same time as the restaurant (Phase 1) and ensure it remains safe during later phases of construction of other buildings. We recommend and the applicant agrees for it match the timing of the majority of the other improvements, “prior to issuance of the first Phase 1 CO.”