Item 4_C20-2026-003 Transit System Projects Amendments Draft Ordinance — original pdf

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WORKING DRAFT FOR AMENDMENT TO PROJECT CONNECT ORDINANCE SUBJECT TO ADDITIONAL LANGUAGE CHANGES PART 1. On November 15, 2022, City Council adopted Ordinance No. 20221115-048 (the “Original Ordinance”), approving the Transit System Project Regulations to facilitate the construction of Project Connect (“Project”), the City’s high-capacity transit system expansion. PART 2. The attached exhibits are incorporated into this ordinance in their entirety as though set fully in the text of this ordinance. The exhibits are as follows: Exhibit A and A-1: Transit System Project Map Exhibit C: Preliminary Water Quality Treatment Map PART 3. This ordinance and the attached exhibits amend the Original Ordinance as amended for the Transit System Project Regulations, modifying conditions and replacing any likewise named or identified exhibits in the Original Ordinance as amended. Development of and uses for the Transit System Project shall conform to the limitations and conditions set forth in this ordinance and in the attached exhibits.  If this ordinance and the attached exhibits conflict, this ordinance controls. Except as otherwise specifically provided by this ordinance, all other rules, regulations and ordinances of the City of Austin (“City”) apply to a Transit System Project. PART 4. This ordinance repeals Ordinance No. 000309-114. PART 5. Code Modifications. The following code modifications apply to a Transit System Project. (A) General Requirements and Procedures (1) City Code Section 25-1-21(108) (Definitions, Site) is modified to provide that a site can be a noncontiguous area and may cross a public street or right-of-way. (2) The Director of Austin Development Services may allow development to be reviewed and approved in multiple layers within one overall site plan. (B) Transportation (1) City Code Section 25-6-171 (Standards for Design and Construction) is modified to allow Project Connect Design Criteria to supersede any conflicting requirements in Chapter 25-6 (Transportation), subject to final approval by the City Traffic Engineer or Director of Austin Transportation and Public Works. (2) Notwithstanding any provision in Title 25 (Land Development) excluding Chapter 25- 2 (Zoning), the planting of street trees in the right-of-way shall follow the criteria of this subsection. WORKING DRAFT FOR AMENDMENT TO PROJECT CONNECT ORDINANCE SUBJECT TO ADDITIONAL LANGUAGE CHANGES (a) Street trees planted in the right-of-way can have a horizontal clearance from the outer edge of the root barrier to the outer edge of an existing storm drain that is running parallel to the light rail alignment of: (i) five feet; or (ii) three feet if the sum of the minimum required widths for the utility review zone, separation distances for underground utilities, and required tree planting zones exceeds the available right-of-way width. (b) Street trees are prohibited from being planted in a location where the location and vegetation planting height negatively impacts the visibility of traffic control devices or the sight distance visibility at intersections as determined by the City Traffic Engineer. (C) Environmental (1) Site plans for a Transit System Project for light rail lines and any associated infrastructure can demonstrate compliance with Section 25-8-211 (Water Quality Control Requirement) under this section. (a) Street trees planted in the right-of-way can have a horizontal clearance from the outer edge of the root barrier to the outer edge of an existing storm drain that is running parallel to the light rail alignment of: (i) a water quality treatment map; (ii) impervious cover exhibits and calculations; (iii) impervious cover exhibits and calculations; (iv) calculations for proposed equivalent areas and any amount of proposed payment in lieu; and (v) a water quality tracking table. (b) Subsequent site plan layers must include any updates or changes to the Water Quality Treatment Plan. These updates or changes are required to be reviewed and approved by the Director of Austin Watershed Protection Department. WORKING DRAFT FOR AMENDMENT TO PROJECT CONNECT ORDINANCE SUBJECT TO ADDITIONAL LANGUAGE CHANGES (c) Site plans may demonstrate compliance with water quality treatment requirements across multiple watersheds. (d) Once the total amount of new and redeveloped impervious cover within the area of a site plan exceeds 8,000 square feet cumulatively, water quality treatment will be required before a site plan layer can be approved. This includes impervious cover that was constructed under a previous site plan layer. (e) The “Preliminary Water Quality Treatment Map” attached as “Exhibit C” generally describes the location and number of proposed water quality control ponds. The Director of Austin Watershed Protection may amend the exact locations and number of ponds as applications are submitted. (f) The Director of Austin Watershed Protection may allow payment instead of construction of water quality controls. The amount of payment required is based on a formula in Appendix U of the Environmental Criteria Manual. Any payment collected shall be deposited in the Urban Watersheds Structural Control Fund or the Suburban and Water Supply Structural Control Fund based on the watershed designation in the site plan area. (g) The Director of Austin Watershed Protection may allow an off-site treatment area to demonstrate compliance with water quality requirements if the off-site treatment area is: (i) being treated by a permitted or constructed water quality control; and (ii) not being used to demonstrate compliance for another site plan. (h) The Director of Austin Watershed Protection may agree to reimburse a public entity constructing a Transit System Project for light rail for any water quality treatment provided that exceeds regulatory requirements for development approval. (i) City Code Section 25-8-604 (Development Application Requirements) is modified to allow the use of tree surveys up to 10 years from date of survey to align with the extended site plan, applying agreed-upon proxy growth rates accordingly if the survey is certified by a registered professional land surveyor in the State of Texas and conducted in accordance with the most current land WORKING DRAFT FOR AMENDMENT TO PROJECT CONNECT ORDINANCE SUBJECT TO ADDITIONAL LANGUAGE CHANGES surveying practice pertaining to topographic, easements, and boundary surveys. (j) City Code Section 25-8-604 (Development Application Requirements) is further modified to allow site plans that include parkland that has received City Council approval for a permanent change of use for non-park purposes, the tree survey will follow the standards outlined in Section 3 (Tree and Natural Area Preservation). (k) City Code Section 25-8-643 (Land Use Commission Variance) is modified to grant the City Arborist the administrative authority to consider and approve removal of a heritage tree that has at least one stem that is 30 inches or larger in diameter measured four and one-half feet above natural grade based on criteria in City Code Sections 25-8-642 and 25-8-643. (D) Drainage (1) Notwithstanding any provision in Title 25 (Land Development) excluding Chapter 25- 2 (Zoning), streets that have a light rail guideway and no more than a single vehicular lane in each direction and are unable to accommodate a minimum 12 feet of clear width in each direction during the 25-year storm shall have the flow of water that meet the requirements in this section. (a) Except as provided in subsection (b), the flow of water shall meet the following requirements: (i) be contained below the top of the curb; and (ii) maintain a clear width of three feet in each direction. (b) If a minimum clear width of three feet cannot be achieved as determined by the Director of Austin Watershed Protection, then a clear width of zero feet is permissible if the gutter flow depth does not exceed four inches. (2) Section 25-7-64 (Design and Construction of Facilities and Improvements) is modified to allow a reduced minimum horizontal separation of three feet between City storm drain infrastructure and all other non-City infrastructure if: (a) the City storm drains have diameters of 42 inches or less and depths of no greater than nine feet as measured from ground to bottom of pipe; WORKING DRAFT FOR AMENDMENT TO PROJECT CONNECT ORDINANCE SUBJECT TO ADDITIONAL LANGUAGE CHANGES (b) the Director of Austin Watershed Protection has approved the type of backfill or flowable fill used; (c) any pipe embedment complies with Standard Specification 510, unless otherwise approved by the Director of Austin Watershed Protection; (d) the City storm drain joints are watertight and designed to withstand a minimum hydrostatic head of 25 feet (10.8 psi) without leakage per ASTM C443 when the storm drain is located adjacent to pressurized utilities; and (e) the design of the City storm drains does not include any of the design elements described in Section 3 below. (3) A reduced minimum horizontal separation is prohibited if the design includes one or more of the following design elements: (a) vertical utility stacking configurations; (b) trenches encountering groundwater conditions; (c) excavations that encroach into the embedment zone of adjacent existing utilities; or (d) installations adjacent to structures, building foundations, storm inlet boxes, traffic signal pedestals, light rail platforms, and retaining walls. (E) Utility Services (1) Notwithstanding any provision in Title 25 (Land Development) excluding Chapter 25- 2 (Zoning), communication conduits may have joint trenching if: (a) the communication conduits are not above an Austin Energy main line duct bank; (b) the communication conduits are constructed with separate manholes and pull boxes from those used by Austin Energy; and (c) the proposed design has been approved by Austin Energy. WORKING DRAFT FOR AMENDMENT TO PROJECT CONNECT ORDINANCE SUBJECT TO ADDITIONAL LANGUAGE CHANGES (2) Notwithstanding any provision in Title 25 (Land Development) excluding Chapter 25- 2 (Zoning), a reduced minimum horizonal separation of three feet between City water and wastewater infrastructure and all other non-City infrastructure may be allowed if: (a) the City water and wastewater pipes have diameters less than 24 inches; (b) any flowable fill backfill or Austin Water approved alternate backfill material is used for the Austin Water infrastructure and parallel non-City infrastructure; (c) the design meets applicable Texas Commission on Environmental Quality (“TCEQ”) rules and guidelines or documentation that approved TCEQ exceptions apply; and (d) the design of the water or wastewater pipes does not include any of the design elements described in subsection 3 below. 3. A reduced minimum horizontal separation of three feet is prohibited if the design includes one or more of the following design elements: (a) vertical utility stacking configuration; (b) trenches encountering groundwater conditions; (c) excavations that encroach into the embedment zone of adjacent existing utilities; or (d) installations adjacent to structures, building foundations, storm inlet boxes, traffic signal pedestals, light rail platforms, and retaining walls.