20220518-003b: Revised Draft LDC Ordinance — original pdf

Backup

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 STAFF RECOMMENDATIONS ORDINANCE NO. Item #94 5/19/22 CPO AN ORDINANCE AMENDING CITY CODE TITLE 25 RELATING TO REGULATION OF PUBLIC MOBILITY PROJECTS IN THE RIGHT-OF-WAY; AND ESTABLISHING AN OPTIONAL PAYMENT RELATED TO WATER QUALITY CONTROLS FOR PUBLIC MOBILITY PROJECTS IN THE RIGHT- OF-WAY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AUSTIN: PART 1. City Code Section 25-1-21 (Definitions) is amended to add a new definition for “public mobility project” and to renumber the subsequent definitions accordingly: (88) PUBLIC MOBILITY PROJECT means a transportation project, including a multi-use trail, rail or transit line, or street, funded by a public entity and located on publicly owned land or in the right-of-way or a public easement. PART 2. City Code Section 25-1-112 (Fiscal Security) is amended to add a new Subsection (F) to read as follows: (F) A public mobility project in the right-of-way is not required to post fiscal security under this title. PART 3. Section 1.2.4. (Exemptions) of City Code Chapter 25-2, Subchapter E is amended to read as follows: 1.2.4. Exemptions. A. General Exemptions. Except as otherwise provided in this Subchapter, the following types of development are exempt from the requirements of this Subchapter: 1. Development that does not require a site plan under Chapter 25-5, except that Section 2.5 (Exterior Lighting) shall apply; 2. Development in the following zoning districts: Agricultural (AG) district; Aviation (AV) district; and a. b. c. Traditional neighborhood (TN) district; 5/16/2022 5:10 PM Page 1 of 15 COA Law Department 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 3. Development built pursuant to the overlay district provisions of the University Neighborhood Overlay (UNO) district; 4. Development of a public primary or secondary educational facility; 5. Development built pursuant to the Robert Mueller Municipal Airport Redevelopment Plan; 6. Development of an industrial use or unmanned communication services, construction sales and service, drop-off recycling collection facility, equipment repair or scrap and salvage services use that is not located on a Core Transit Corridor; 7. Interior remodeling of a building. 8. Development for which public access is prohibited due to health, safety and welfare reasons; 9. Development of a warehouse if less than 25% of the gross floor area is used for a non-industrial use; 10. Sidewalk, shared use and urban trail projects managed by the City of Austin and processed under the City's General Permit program which are undertaken for the purpose of bringing existing facilities into compliance with the Americans With Disabilities Act; 11. A public mobility project in the right-of-way; and 12. Development built pursuant to any of the following adopted regulating plans: a. Transit-Oriented District Station Area Plan; b. North Burnet/Gateway (NBG) District; c. East Riverside Corridor; d. Waller Creek District; e. Downtown Austin Plan; or 5/16/2022 5:10 PM Page 2 of 15 COA Law Department 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 f. Airport Boulevard Corridor Plan. PART 4. Subsections (B) and (D) of City Code Section 25-8-42 (Administrative Variances) are amended to read as follows: (B) The director of the Watershed Protection Department may grant a variance from a requirement of: (1) Section 25-8-261 (Critical Water Quality Zone Development), only if: (a) (b) (c) (d) (a) (b) (c) necessary to protect public health and safety, or if it would provide a significant, demonstrable environmental benefit, as determined by a functional assessment of floodplain health as prescribed by the Environmental Criteria Manual, necessary to allow an athletic field in existence on October 28, 2013, to be maintained, improved, or replaced, necessary to allow an athletic field to be located in an area not otherwise allowed under Section 25-8-261(B)(5), or necessary to allow a hard surfaced trail to be located in an area not otherwise allowed under Section 25-8-261(B)(3); (2) Section 25-8-261 (Critical Water Quality Zone Development), for development within an urban watershed, only if the proposed development: is located not less than 25 feet from the centerline of a waterway, is located outside the erosion hazard zone, unless protective works are provided as prescribed in the Drainage Criteria Manual, does not increase non-compliance, if any, with Article 7, Division 1 (Critical Water Quality Zone Restrictions), Section 25-8-281 (Critical Environmental Features) or Section 25-8- 282 (Wetland Protection), and 5/16/2022 5:10 PM Page 3 of 15 COA Law Department 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 (d) restores native vegetation and soils if development is removed from the Critical Water Quality Zone; (3) Subsection 25-8-262(B) (Critical Water Quality Zone Street Crossings), only outside the Barton Springs Zone; (4) Section 25-8-281 (Critical Environmental Features); (5) Section 25-8-322 (Clearing for a Roadway); (6) Section 25-8-341 (Cut Requirements) or Section 25-8-342 (Fill Requirements), for a cut or fill of not more than eight feet in the desired development zone and, for a public primary or secondary educational facility, within the desired development zone or the drinking water protection zone; (7) Subsection 25-8-343(A) (Spoil Disposal); (8) Section 25-8-365 (Interbasin Diversion); (9) Subsection 25-8-392(B)(6) (Uplands Zone), Subsection 25-8- 392(C)(6) (Uplands Zone), Subsection 25-8-423(D) (Uplands Zone), or Subsection 25-8-453(E) (Uplands Zone). (D) The director of the Watershed Protection Department may grant a variance described in Subsection (B) only after determining that development in accordance with the variance meets the objective of the requirement for which the variance is requested and: (1) (2) for property in the Barton Springs Zone, the variance will result in water quality that is at least equal to the water quality achievable without the variance; for a variance from Section 25-8-261(B)(5), that the proposed work on or placement of the athletic field will have no adverse environmental impacts; (3) for a variance from Section 25-8-281, that the proposed measures preserve all characteristics of the critical environmental feature; 5/16/2022 5:10 PM Page 4 of 15 COA Law Department 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 (4) for a variance from Section 25-8-341 or Section 25-8-342 the cut or fill is not located on a slope with a gradient of more than 15 percent or within 100 feet of a classified waterway; (5) for a variance from Section 25-8-343(A), use of the spoil provides a necessary public benefit. Necessary public benefits include: (a) roadways; (b) stormwater detention facilities; (c) public or private park sites; and (6) (7) (d) building sites that comply with Section 25-8-341 (Cut Requirements), Section 25-8-342 (Fill Requirements), and Chapter 25-7 (Drainage); and for a variance from Section 25-8-365, there are no adverse environmental or drainage impacts; for a variance from Subsection 25-8-392(B)(6), Subsection 25-8- 392(C)(6), Subsection 25-8-423(D), or Subsection 25-8-453(E), the variance: (a) is the minimum deviation needed to provide necessary improvements for a public mobility project in the right-of-way; and (b) does not create significant adverse environmental impacts. PART 5. City Code Section 25-8-211 (Water Quality Control Requirement) is amended to add a new Subsection (F) to read as follows: (F) For a public mobility project in the right-of-way, the calculation of impervious cover for compliance with Subsection (B)(3) or Subsection (E) in any watershed shall: (1) be determined on a watershed basis for development applications that span multiple watersheds; and 5/16/2022 5:10 PM Page 5 of 15 COA Law Department 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 (2) deduct existing impervious cover that is removed by the same project if the area with removed impervious cover is: (i) decompacted and revegetated as prescribed in the Environmental Criteria Manual and the Standard Specifications Manual; and (ii) located within the same watershed. PART 6. City Code Section 25-8-214 (Optional Payment Instead of Structural Controls in Urban Watersheds) is amended to amend the Section heading, to add new Subsections (E) through (G), and to read as follows: § 25-8-214 OPTIONAL PAYMENT INSTEAD OF STRUCTURAL CONTROLS [IN URBAN WATERSHEDS]. (A) The director of the Watershed Protection Department shall identify and prioritize water quality control facilities for the urban watersheds in an Urban Watersheds Structural Control Plan. The Environmental Board shall review the plan in January of each year. (B) An Urban Watersheds Structural Control Fund is established for use in the design and construction of water quality control facilities in the urban watershed. (C) Instead of providing the water quality controls required under Section 25-8- 211 (Water Quality Control Requirement), in an urban watershed an applicant [a developer] may request approval to deposit with the City a nonrefundable cash payment, based on a formula established by the council. The director shall review the request and accept or deny the request based on the standards in the Environmental Criteria Manual. (D) The director shall deposit a payment made under Subsection (C) [this section] in the Urban Watersheds Structural Control Fund. (E) A Suburban and Water Supply Watersheds Structural Control Fund is established for use in the design and construction of water quality control facilities. 5/16/2022 5:10 PM Page 6 of 15 COA Law Department 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 (F) For a public mobility project in the right-of-way that is located in a suburban, water supply suburban, or water supply rural watershed, an applicant may request approval to deposit a nonrefundable cash payment, based on a formula established by the council, with the City instead of providing the water quality controls required under Section 25-8-211 (Water Quality Control Requirement). The director shall review the request and accept or deny the request based on the standards in the Environmental Criteria Manual. (G) The director shall deposit a payment made under Subsection (F) in the Suburban and Water Supply Watersheds Structural Control Fund. PART 7. City Code Section 25-8-262 (Critical Water Quality Zone Street Crossings) is amended to amend the Section heading and to amend Subsections (A) and (B) to read as follows: § 25-8-262 CRITICAL WATER QUALITY ZONE MOBILITY [STREET] CROSSINGS (A) In an urban watershed, an arterial street, collector street, [or] residential street, or rail line may cross a critical water quality zone of any waterway. (B) This subsection applies in a watershed other than an urban watershed. (1) A major waterway critical water quality zone may be crossed by an arterial street or rail line identified in the Transportation Plan. (2) An intermediate waterway critical water quality zone may be crossed by an arterial street, [or] collector street, or rail line, except: (a) (b) a collector street crossing must be at least 2,500 feet from a collector or arterial street crossing on the same waterway; or in a water supply suburban or water supply rural watershed, or the Barton Springs Zone, a collector street crossing must be at least one mile from a collector or arterial street crossing on the same waterway. (3) A minor waterway critical water quality zone may be crossed by an arterial street, [or] collector street, or rail line, except: 5/16/2022 5:10 PM Page 7 of 15 COA Law Department 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 (a) (b) a collector street crossing must be at least 900 feet from a collector or arterial street crossing on the same waterway; or in a water supply suburban or water supply rural watershed, or the Barton Springs Zone, a collector street crossing must be at least 2,000 feet from a collector or arterial street crossing on the same waterway. (4) A minor waterway critical water quality zone may be crossed by a residential or commercial street if necessary to provide access to property that cannot otherwise be safely accessed. PART 8. City Code Section 25-8-341 (Cut Requirements) is amended to read as follows: § 25-8-341 CUT REQUIREMENTS. (A) Cuts on a tract of land may not exceed four feet of depth, except: (1) in an urban watershed; (2) in a roadway right-of-way or rail line right-of-way; (3) for construction of a building foundation or swimming pool; (4) for construction of a water quality control or detention facility and appurtenances for conveyance such as swales, drainage ditches, and diversion berms, if: (a) (b) (c) the design and location of the facility within the site minimize the amount of cut over four feet; the cut is the minimum necessary for the appropriate functioning of the facility; and the cut is not located on a slope with a gradient of more than 15 percent or within 100 feet of a classified waterway; (5) (6) for utility construction or a wastewater drain field, if the area is restored to natural grade; in a state-permitted sanitary landfill or a sand or gravel excavation located in the extraterritorial jurisdiction, if: 5/16/2022 5:10 PM Page 8 of 15 COA Law Department 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 (a) the cut is not in a critical water quality zone; (b) the cut does not alter a 100-year floodplain; (c) the landfill or excavation has an erosion and restoration plan approved by the City; and (d) all other applicable City Code provisions are met. (7) for any cut associated with construction of a multi-use trail, if: (a) the cut is not located on a slope with a gradient of more than 15 percent or within 100 feet of a classified waterway; (b) the cut is limited to no more than eight feet in depth; (c) (d) the cut is located in a public right-of-way or public easement; and the trail is designed in accordance with the Environmental Criteria Manual. PART 9. Subsection (A) of City Code Section 25-8-342 (Fill Requirements) is amended to read as follows: (A) Fill on a tract of land may not exceed four feet of depth, except: (1) in an urban watershed; (2) in a roadway right-of-way or rail line right-of-way; (3) (4) under a foundation with sides perpendicular to the ground, or with pier and beam construction; for construction of a water quality control or detention facility and appurtenances for conveyance such as swales, drainage ditches, and diversion berms, if: (a) the design and location of the facility within the site minimize the amount of fill over four feet; 5/16/2022 5:10 PM Page 9 of 15 COA Law Department 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 (b) (c) (b) (c) (c) (d) the fill is the minimum necessary for the appropriate functioning of the facility; and the fill is not located on a slope with a gradient of more than 15 percent or within 100 feet of a classified waterway; (5) for utility construction or a wastewater drain field; (6) in a state-permitted sanitary landfill located in the extraterritorial jurisdiction, if: (a) the fill is derived from the landfill operation; the fill is not placed in a critical water quality zone or a 100- year floodplain; the landfill operation has an erosion and restoration plan approved by the City; and (d) all other applicable City Code provisions are met; or (7) for fill associated with construction of a multi-use trail, if: (a) the fill is not located on a slope with a gradient of more than 15 percent or within 100 feet of a classified waterway; (b) the fill is limited to no more than eight feet in depth; the fill is located in a public right-of-way or public easement; and the trail is designed in accordance with the Environmental Criteria Manual. PART 10. City Code Section 25-8-372 (Uplands Zone) in Article 8 (Urban Watershed Requirements) is amended to add a new Subsection (D) to read as follows: (D) Maximum impervious cover for a public mobility project in the right-of-way is 100 percent. 5/16/2022 5:10 PM Page 10 of 15 COA Law Department 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 PART 11. City Code Section 25-8-392 (Uplands Zone) in Article 9 (Suburban Watershed Requirements) is amended to read as follows: § 25-8-392 UPLANDS ZONE. (A) This section applies to development in an uplands zone. Impervious cover limits in this section are expressed as percentages of gross site area. (B) This subsection applies in the extraterritorial jurisdiction and in the portions of the Lake, Rattan, Buttercup, South Brushy, and Brushy Creek watersheds that are in the zoning jurisdiction. (1) Impervious cover for a single-family residential use with a minimum lot size of 5,750 square feet may not exceed: (a) 45 percent; or (b) if development intensity is transferred under Section 25-8-393 (Transfer of Development Intensity), 50 percent. (2) Impervious cover for a duplex or single-family residential use with a lot smaller than 5,750 square feet in size may not exceed: (a) 55 percent; or (b) if development intensity is transferred under Section 25-8-393 (Transfer of Development Intensity), 60 percent. (3) Impervious cover for a multifamily residential use may not exceed: (a) 60 percent; or (b) if development intensity is transferred under Section 25-8-393 (Transfer of Development Intensity), 65 percent. (4) Impervious cover for a commercial use may not exceed: (a) 65 percent; or (b) if development intensity is transferred under Section 25-8-393 (Transfer of Development Intensity), 70 percent. 5/16/2022 5:10 PM Page 11 of 15 COA Law Department 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 (5) Impervious cover for mixed use may not exceed: (a) (b) (c) the limits in subsection (B)(3) for the portion of the ground floor that is multifamily residential; the limits in subsection (B)(4) for the portion of the ground floor that is commercial; and impervious cover for the entire site shall be based on the ratios determined on the ground floor. (6) Impervious cover for a public mobility project in the right-of-way may not exceed 90 percent. (C) This subsection applies in the portion of the zoning jurisdiction that is outside the Lake, Rattan, Buttercup, South Brushy, and Brushy Creek watersheds. (1) Impervious cover for a single-family residential use with a minimum lot size of 5,750 square feet may not exceed: (a) 50 percent; or (b) if development intensity is transferred under Section 25-8-393 (Transfer of Development Intensity), 60 percent. (2) Impervious cover for a duplex or single-family residential use with a lot smaller than 5,750 square feet in size may not exceed: (a) 55 percent; or (b) if development intensity is transferred under Section 25-8-393 (Transfer of Development Intensity), 60 percent. (3) Impervious cover for a multifamily residential use may not exceed: (a) 60 percent; or (b) if development intensity is transferred under Section 25-8-393 (Transfer of Development Intensity), 70 percent. 5/16/2022 5:10 PM Page 12 of 15 COA Law Department 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 (4) Impervious cover for a commercial use may not exceed: (a) 80 percent; or (b) if development intensity is transferred under Section 25-8-393 (Transfer of Development Intensity), 90 percent. (5) Impervious cover for mixed use may not exceed: (a) (b) (c) the limits in subsection (C)(3) for the portion of the ground floor that is multifamily residential: the limits in subsection (C)(4) for the portion of the ground floor that is commercial; and impervious cover for the entire site shall be based on the ratios determined on the ground floor. (6) Impervious cover for a public mobility project in the right-of-way may not exceed 90 percent. PART 12. Subsection (B) of City Code Section 25-8-422 (Water Quality Transition Zone) in Article 10 (Water Supply Suburban Watershed Requirements) is amended to read as follows: (B) In a water quality transition zone that does not lie over the South Edwards Aquifer recharge zone, the impervious cover of the land area of a site may not exceed 18 percent. This limit on impervious cover does not apply to a public mobility project in the right-of-way allowed to cross a critical water quality zone under Section 25-8-262 (Critical Water Quality Zone Street Crossings). In determining land area, land in the 100 year floodplain is excluded. PART 13. City Code Section 25-8-423 (Uplands Zone) in Article 10 (Water Supply Suburban Watershed Requirements) is amended to add a new Subsection (D) to read as follows: (D) Impervious cover for a public mobility project in the right-of-way may not exceed 65 percent. 5/16/2022 5:10 PM Page 13 of 15 COA Law Department 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 PART 14. Subsection (B) of City Code Section 25-8-452 (Water Quality Transition Zone) in Article 11 (Water Supply Rural Watershed Requirements) is amended to read as follows: (B) Development is prohibited in a water quality transition zone that lies outside the South Edwards Aquifer recharge zone, except for: (1) development described in Article 7, Division 1 (Critical Water Quality Zone Restrictions); (2) streets or public mobility projects in the right-of-way; (3) minor drainage facilities or water quality controls that comply with Section 25-8-364 (Floodplain Modification) and the floodplain modification guidelines of the Environmental Criteria Manual; and (4) duplex or single-family residential development with a minimum lot size of two acres and a density of not more than one unit for each three acres, excluding acreage in the 100 year flood plain. PART 15. City Code Section 25-8-453 (Uplands Zone) in Article 11 (Water Supply Rural Watershed Requirements) is amended to add a new Subsection (E) to read as follows: (E) Impervious cover for a public mobility project in the right-of-way may not exceed 55 percent. PART 16. Until a separate formula is established as set out under Subsection (F) of City Code Section 25-8-214 (Optional Payment Instead of Structural Controls), a payment into the Suburban and Water Supply Watersheds Structural Control Fund shall be calculated using the same formula already established by council for a payment into the Urban Watersheds Structural Control Fund under Subsection (C) of City Code Section 25-8-214. PASSED AND APPROVED , 2022 § § § _______________________________ Steve Adler 5/16/2022 5:10 PM Page 14 of 15 COA Law Department 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 APPROVED: _____________________ ATTEST: _______________________ Anne L. Morgan City Attorney Myrna Rios City Clerk Mayor 5/16/2022 5:10 PM Page 15 of 15 COA Law Department