20251015-002: Parkland Drainage Easement Ordinance Staff Presentation — original pdf

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Code Amendment C20-2025-009 Parkland Drainage Easements Austin Watershed Protection | October 15, 2025 Intent of Current Code: Drainage Easements LDC 25-7-152(A) The owner of real property proposed to be developed shall dedicate to the public an easement for stormwater flow to the limits of the 100-year floodplain ▪ Ensures that the current and future property owners know that flood risk exists on their property ▪ Accomplished by surveying the floodplain area on the property 2 Austin PARD Project Impacts Under Current Code ▪ Requires solicitation and contract negotiation ▪ Requires multiple rounds of staff review ▪ A Declaration of Use (DOU) requires Real Estate and Legal review ▪ Final approval requires multiple levels of executive review, signatures and recording with associated County fees ▪ Overall process cost: ▪ Consultant for survey (increased significantly over time) ▪ Cost of staff time charged to the project (reducing available money for construction) ▪ Adds cost/time to the site plan review process ▪ Park property remains city-owned unless voter approved for sale through a Chapter 26 process 3 Proposed Code ▪ Add public parkland owned by the City of Austin to the list of options for a variance. ▪ Would not exempt parkland from following all code requirements for development in the floodplain. ▪ If a property is approved for sale, the new owner would be required to dedicate the easement once a subdivision or site plan application is submitted. 4 Proposed Code Language § 25-7-152 - DEDICATION OF EASEMENTS AND RIGHTS-OF-WAY E. For property in the full-purpose limits of the city, the director may grant a variance to Subsection (A) if the director determines: 1) development with the variance does not result in additional adverse flooding of other 2) property; and the development: a) is permitted by a variance granted under Section 25-7-92(C) (Encroachments on Floodplain Prohibited); is permitted in a floodplain under Section 25-7-93 (General Exceptions), Section 25-7- 94 (Exceptions in Central Business Area), Section 25-7-95 (Exceptions for Parking Areas), or Section 25-7-96 (Exceptions in the 25-Year Floodplain); is not a building or parking area; is a non-conforming use, as defined by Chapter 25-12, Article 3 (Flood Hazard Areas); or is on parkland owned by the City of Austin. b) c) d) e) 5 Boards and Commissions Review Schedule Meeting Codes and Ordinances Joint Committee: Initiation Recommendation (approved) Date July 16, 2025 Planning Commission: Initiation Recommendation (approved, initiated) August 12, 2025 Parks and Recreation Board: Code amendment memo sent September 5, 2025 Environmental Commission: Considered for recommendation October 15, 2025 Codes and Ordinances Joint Committee: Considered for recommendation November 19, 2025 Planning Commission: Considered for recommendation December 9, 2025 City Council: Considered and action January, 2026 6 Questions? Kevin Shunk Austin Watershed Protection Floodplain Administrator Kevin.Shunk@austintexas.gov D’anne Williams Austin Parks and Recreation Project Manager Danne.Williams@austintexas.gov 7