Environmental, Drainage, and Landscape Amendments: summary table — original pdf
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Summary of Proposed Code Changes Related to Resolution 20220609‐061 8/17/2022 Code Section Type of Change Current Status/Concern Proposed Improvement Benefits Chapter 25‐2, Zoning ‐ Article 9, Landscaping 1 25‐2‐981 Applicability; Policy Exceptions Existing landscaping requirements do not apply to lots zoned Central Business District (CBD) or Downtown Mixed Use (DMU). Require that lots zoned CBD or DMU meet the new Functional Green requirements (described below). Additional ecosystem services brought to downtown projects. 2 25‐2‐1007 Parking Policy Lots Parking lot islands are typically surrounded by a 6" curb that prevents stormwater from flowing into the landscape area. Increases beneficial use of stormwater and reduces irrigation needs by directing stormwater into areas that are typically required to provide on‐site irrigation. 3 25‐2‐1008 Irrigation Policy Requirements Simplified design requirements and reduced cost. 4 Functional Green Policy Landscape requirements are calibrated to provide ecosystem services in highly urbanized locations. Require parking lot islands to have an edge‐of‐pavement treatment that allows overland flow of stormwater into the landscape area. Allow exceptions for areas that are not required to drain to a stormwater control and sites located in the Edwards Aquifer Recharge Zone. Remove existing irrigation requirements and replace with simplified requirement to remove barriers to overland flow into parking lot islands (described above). Create a new approach to landscape requirements to provide ecosystem services in highly urbanized locations. The existing requirement to irrigate 50% of the required landscape area with stormwater has proven problematic and difficult to implement. Sites with high impervious cover have few landscape requirements and therefore provide minimal ecosystem services. Page 1 Summary of Proposed Code Changes Related to Resolution 20220609‐061 8/17/2022 Code Section Type of Change Chapter 25‐2, Zoning ‐ Article 13, Docks, Bulkheads, and Shoreline Access 5 25‐2‐1179 Clarification Current Status/Concern Environmental Protection Proposed Improvement Benefits Move bulkhead construction requirements to Chapter 25‐8, Subchapter A, Water Quality. Improves review process and clarifies intent of regulations. Bulkhead wave abatement requirements are currently located in the zoning chapter of the Land Development Code, which is inappropriate. Chapter 25‐5, Site Plans 6 25‐5‐3 Small Projects Policy Small‐scale multifamily residential projects must go through a longer, more expensive permitting process than single‐family residential projects with the same percent impervious cover. Allow multifamily residential projects with up to 11 units, or more if allowed under a qualifying Affordability Unlocked project, to follow the Small Project site plan process if they meet certain conditions. Fewer review fees, faster review times, and no neighborhood notice requirement for qualifying small‐scale multifamily residential projects. Chapter 25‐7, Drainage 7 25‐7‐32 Director Authorized to Require Erosion Hazard Zone Analysis Policy & Clarification The current requirement to analyze the erosion hazard zone within 100' of the Colorado River downstream of Longhorn Dam is not sufficiently protective given the erodibility of the river bank. Require erosion hazard zone analysis for development within 400' of the Colorado River downstream of Longhorn Dam. Clarify the WPD director's role in determining additional areas where an erosion hazard zone analysis must be performed. Protects public infrastructure and private development from being damaged or destroyed by erosion. Page 2 Summary of Proposed Code Changes Related to Resolution 20220609‐061 8/17/2022 Code Section Chapter 25‐8, Environment 8 25‐8‐1 Definitions Clarification Type of Change Current Status/Concern Proposed Improvement Benefits Change the default director reference from the Planning and Development Review Department to the Watershed Protection Department. Reflects the Environmental Officer's role and current alignment within the Watershed Protection Department. 9 25‐8‐2 Description of Clarification Regulated Areas Existing language is not clear and does not reflect current status of online resources available to the public. Clarify language to reflect where the public can find reference maps and reflect the change to the definition of director. Clarity. 10 25‐8‐21 Applicability Policy Clarify which environmental regulations apply to single‐family residential construction and apply only those regulations to qualifying small‐scale multifamily projects. Staff will be able to provide clear guidance to residential owners and homebuilders regarding applicability of environmental regulations to their projects. Small‐ scale multifamily projects will be subject to the same requirements as single‐family residential projects with similar impacts. Code sections that refer to the director of Planning and Development Review do not accurately reflect the role of the Environmental Officer, who is housed in the Watershed Protection Department (WPD) and works on behalf of the Director of WPD. Although many environmental regulations technically apply to single‐ family residential construction, they have not been consistently applied during the building permit process. Small‐scale multifamily residential projects are subject to more regulations than single‐family residential projects with similar impacts. Page 3 Summary of Proposed Code Changes Related to Resolution 20220609‐061 8/17/2022 Code Section Type of Change Current Status/Concern Proposed Improvement Benefits 11 25‐8‐25 Policy & Clarifications Current redevelopment Redevelopment Exception in Urban and Suburban Watersheds exception standards are too restrictive regarding unpermitted development and too permissive regarding existing disturbance adjacent to waterways. Requirements related to vehicle trips and land use create barriers to projects that would otherwise be allowed by zoning. Align language with the LDC Revision proposal. Require unpermitted development to be removed. Require existing impervious cover within a certain distance of a protected waterway to be removed and the area restored. Remove the vehicle trip limit and reference to a neighborhood plan. Reorganize and clarify language. More projects would be able to use the redevelopment exception, which would result in improved water quality. Removing impervious cover immediately adjacent to a waterway would improve riparian habitat and water quality. Reorganization and wording changes improve clarity. 12 25‐8‐26 Clarification Redevelopment Exception in the Barton Springs Zone Current code uses the term "sedimentation/filtration pond" to refer to any water quality control that complies with Section 25‐8‐213. Change the defined term from "sedimentation/filtration pond" to "standard pond" to clarify that green stormwater infrastructure can meet this requirement. Clarity. 13 25‐8‐27 Policy & Clarifications Current redevelopment Redevelopment Exception in the Water Supply Rural and Water Supply Suburban Watersheds exception standards are too restrictive regarding unpermitted development and too permissive regarding existing disturbance adjacent to waterways. Requirements related to dwelling units, vehicle trips, and land use create barriers to projects that would otherwise be allowed by zoning. Align language with the LDC Revision proposal. Require unpermitted development to be removed. Require existing impervious cover within a certain distance of a protected waterway to be removed and the area restored. Remove requirement for Council approval based on dwelling units, vehicle trips, and land use. More projects could use the redevelopment exception, which would result in improved water quality. Removing impervious cover immediately adjacent to a waterway would improve riparian habitat and water quality. Reorganization and wording changes improve clarity. Page 4 Summary of Proposed Code Changes Related to Resolution 20220609‐061 8/17/2022 Code Section 14 25‐8‐42 Administrative Variances Type of Change Current Status/Concern Policy & Minor Edits The code sections allowed to be varied administratively by staff need to be updated for clarity and to reflect other proposed amendments. Benefits Streamlines the review process and allows reasonable development that minimizes environmental impacts. 15 25‐8‐62 Net Site Area Clarification Existing language is not clear. Clarify that net site area excludes Clarifies existing policy. 16 25‐8‐63 Impervious Cover Calculations Minor Edits Rainwater harvesting cisterns are considered impervious cover. Calculation of impervious cover does not align with residential review processes. Remove rainwater harvesting cisterns from impervious cover calculations. Clarify when eaves, overhangs, balconies, etc. are considered impervious cover for residential building permits. Removes disincentive to install rainwater harvesting cisterns. Improves consistencies between review departments. Proposed Improvement Allow administrative variances for properties along Lake Austin. Allow administrative variances to allow a development to use conventional water quality ponds; to allow green stormwater infrastructure in the critical water quality zone (CWQZ); to allow driveways and private streets to cross a CWQZ; to allow residential construction in the CWQZ; and to allow cut or fill up to 8' for residential construction. Provide applicable conditions that must be met in order for staff to grant the proposed administrative variances. areas designated for surface or subsurface wastewater irrigation. Page 5 Summary of Proposed Code Changes Related to Resolution 20220609‐061 8/17/2022 Code Section 17 25‐8‐64 Impervious Cover Assumptions Type of Change Clarification Current Status/Concern Current code does not clearly require an applicant to demonstrate the buildability of subdivided lots. Proposed Improvement Align language with the LDC Revision proposal. Require subdivision applicants to submit a buildability exhibit. Benefits Protects future homebuilders by ensuring that platted lots can be developed in compliance with environmental regulations. 18 25‐8‐92 Critical Water Policy & Clarification The width of the critical Quality Zones Established Increase the width of the CWQZ along the Colorado River downstream of Longhorn Dam from 200‐400' to 400'. Clarify language that exempts roadside ditches from CWQZ requirements. Provides greater protection of the Colorado River downstream of the Longhorn dam. Provides greater clarity regarding the intent of the roadside ditch exemption. 19 25‐8‐121 Minor Edits Environmental Resource Inventory Requirement Remove requirement to prepare ERIs in areas where CEFs are not more likely to be encountered, and require ERIs when they are. Removes ERI waiver requirement for certain properties and clarifies the need for an ERI when CEFs are more likely to be present. 20 25‐8‐182 Development Completion Clarification 21 25‐8‐184 Additional Clarification Erosion and Sedimentation Control Requirements in the Barton Springs Zone Update reference to the Watershed Protection Department. Update reference to the Watershed Protection Department. Reflects the Environmental Officer's current alignment within the Watershed Protection Department and the change to the definition of director. Reflects the Environmental Officer's current alignment within the Watershed Protection Department and the change to the definition of director. water quality zone (CWQZ) setback along the Colorado River is not sufficiently protective. Existing language that exempts roadside ditches from CWQZs is not clear. The current environmental resource inventory (ERI) triggers do not accurately reflect whether Critical Environmental Features (CEFs) are likely to be present on a property. Reference to Planning and Development Review Department does not accurately reflect the current process. Reference to Planning and Development Review Department does not accurately reflect the current process. Page 6 Summary of Proposed Code Changes Related to Resolution 20220609‐061 8/17/2022 Code Section Type of Change Current Status/Concern 22 25‐8‐185 Overland Flow Policy & Clarification The intent of the overland flow section is to maintain infiltration and recharge of all waterbodies, not just seeps and springs. Overland flow should be directed to landscaped areas where possible in order to increase infiltration and reduce the need for irrigation of landscape areas. 23 25‐8‐213 Water Quality Control Standards Policy & Clarification Development is allowed but generally not required to use green stormwater infrastructure (GSI) to provide water quality treatment. Proposed Improvement Require stormwater to be directed to landscape areas when feasible. Update existing requirement to maintain infiltration and recharge to include waterways. Benefits Increases infiltration, recharge, and beneficial use of stormwater. Clarifies the intent behind the need to maintain overland flow. Require most development to use GSI (e.g., rain gardens, biofiltration, and other green controls prescribed in the ECM) to provide required water quality treatment. Allow exceptions for highly polluting land uses, regional ponds, and sites with more than 90% impervious cover. Clarify existing load reduction standards and liner requirements. Increases infiltration, recharge, and beneficial use of stormwater. Provides additional ecosystem services and enhanced aesthetic benefits of stormwater control measures so that they can more seamlessly tie into open space areas available to end users. 24 25‐8‐214 Optional Payment Instead of Structural Controls in Urban Watersheds Clarification Language is outdated. Change Environmental Board to Environmental Commission and update language to match current process. Clarity. Page 7 Summary of Proposed Code Changes Related to Resolution 20220609‐061 8/17/2022 Code Section 25 25‐8‐232 Dedicated Type of Change Clarification Fund Proposed Improvement Add reference to Development Services Department. Clarity. Benefits 26 25‐8‐233 Barton Springs Zone Operating Permit Clarification Update reference to the Watershed Protection Department. Current Status/Concern Language does not reflect the new definition of director (used without a qualifier). Reference to Planning and Development Review Department does not accurately reflect the current process. Lakefront development requirements are not included in the critical water quality zone (CWQZ) code section. The Colorado River is not sufficiently protected. Existing language regarding floodplain modification is not clear. Consolidate environmental protections that specifically apply to the lakes into the CWQZ section. Include Lake Walter E. Long in code related to lakes. Update the minimum distance some types of development must be from the Colorado River to 200' instead of 100' to reflect the wider CWQZ proposed in Section 25‐8‐ 92. Clarify floodplain modification requirements. Reflects the Environmental Officer's current alignment within the Watershed Protection Department and the change to the definition of director. Improves clarity and organization. Provides greater protection of the Colorado River downstream of Longhorn Dam. 27 25‐8‐261(B), (C), (E), (G), and (H) Critical Water Quality Zone Development Minor Edits & Clarifications Page 8 Summary of Proposed Code Changes Related to Resolution 20220609‐061 8/17/2022 Code Section 28 25‐8‐261(D) and (F) Type of Change Current Status/Concern Clarification & Policy Existing requirements related Critical Water Quality Zone Development Benefits Improves clarity and provides greater protection for creeks and the Colorado River. to utilities are not clear. Allowing in‐channel detention ponds and wet ponds creates significant disturbance to a creek and existing requirements are not sufficiently protective. 29 25‐8‐364 Floodplain Clarification Clarity. Modification (New section: 25‐8‐ 263) Floodplain modification requirements are often confusing. Proposed Improvement Clarify that requirements for utility lines also apply to utility easements and major replacements of an existing line. Allow additional flexibility if a utility line is installed with boring or tunneling, as currently described in the Environmental Criteria Manual. Require that stormwater outfalls minimize disturbance to the bank of the Colorado River. Only allow in‐ channel detention basins and in‐ channel wet ponds proposed as part of a public project or public‐ private partnership. Relocate the floodplain modification section to follow critical water quality zone requirements, as proposed in the LDC Revision. Rename the division for clarity. Reorganize and reword floodplain modification requirements for clarity. Page 9 Summary of Proposed Code Changes Related to Resolution 20220609‐061 8/17/2022 Code Section 30 25‐8‐262 Critical Type of Change Clarification Water Quality Zone Mobility Crossings 31 25‐8‐281 Critical Environmental Features Minor Edits & Clarifications Current Status/Concern Existing language does not reflect the new street classifications in the Austin Strategic Mobility Plan (ASMP). Trail crossing requirements are not clear. Proposed Improvement Update street classifications to reflect the ASMP. Clarify that multi‐ use trails must comply with the ECM and existing no adverse impact standards. Critical environmental feature (CEF) buffers are not adequately protected on residential lots. Requirements for innovative runoff management practices are not clear. Subdivision requirements are not clear. Clarify that residential lots may not include a CEF buffer. Clarify what types of innovative runoff management practices are allowed within 50' of a CEF. Clarify when CEF and buffer locations must be shown on development applications. Benefits Clarity. Improves protection for CEFs and clarity for applicants and staff. 32 25‐8‐282 Wetland Policy & Minor Edit Wetlands associated with the Protection Improves water quality of Lady Bird Lake. Clarity. Protect all wetlands along the shores of Lady Bird Lake, including in the downtown area. Clarify that a wetland cannot be used as a water quality control. Clarify review and approval authority. 33 25‐8‐323 Temporary Policy Storage Areas; Topsoil Protection Decompaction requirements added to code requirements. Require areas that are intended to remain pervious to be protected during construction or decompacted after construction. Improves infiltration of stormwater by ensuring that pervious areas are functioning as intended. shores of Lady Bird Lake are not protected in the downtown area. There are no existing design criteria that would allow a wetland to be used as a water quality control. Soils compacted by construction activity do not provide sufficient infiltration of stormwater. Page 10 Summary of Proposed Code Changes Related to Resolution 20220609‐061 8/17/2022 Code Section 34 25‐8‐341 Cut Requirements Type of Change Minor Edits 35 25‐8‐342 Fill Requirements Minor Edits Current Status/Concern Driveways that are allowed to cross slopes pursuant to 25‐8‐301 typically also require cut over 4'. Proposed Improvement Allow cut up to 8' for construction of a street or driveway necessary to provide primary access if the cut is the minimum necessary to comply with safety requirements. Benefits Improves consistency among code requirements. Streamlines the application process by eliminating a common variance request. Driveways that are allowed to cross slopes pursuant to 25‐8‐301 typically also require fill over 4'. Allow fill up to 8' for construction of a street or driveway necessary to provide primary access if the fill is the minimum necessary to comply with safety requirements. Improves consistency among code requirements. Streamlines the application process by eliminating a common variance request. 36 25‐8‐367 Relocation Minor Edits Remove section. of Shoreline Between Tom Miller Dam and Longhorn Dam This section was written to protect drinking water supply, dam operations, and recreation on Lady Bird Lake and is not related to water quality protection. It is no longer necessary. Removes unnecessary requirements and increases permitting efficiency for some projects. 37 25‐8‐368 Restrictions on Development Impacting Lake Austin, Lady Bird Lake, and Walter E. Long Clarification The location of these requirements is confusing and difficult to find. Move this section to be adjacent to the critical water quality zone requirements for lakefront development. Clarity. 38 Chapter 25‐8, Clarification Subchapter B, Article 2 Endangered Species The endangered species notification requirements are confusing and inefficient. Clarity. Streamline and clarify when an applicant must notify other jurisdictions about potential impacts to endangered species habitat. Page 11