20251015-002: Parkland Drainage Easement Ordinance Amendment Review Sheet — original pdf

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C20-2025-009 ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2025-009 City of Austin parkland drainage easements LDC 25-7 code amendment Description: Amends 25-7-152 (E) as related to parkland drainage easements. The proposed amendment would allow an administrative variance to not require drainage easements associated with development projects on parkland owned by the City of Austin. Proposed Language: Approve an ordinance amending 25-7-152 (E): to allow for an administrative variance to drainage easement requirements associated with development projects on parkland owned by the City of Austin. Background: Current code requires that property owners dedicate a public drainage easement to the limits of the 100-year floodplain as a part of the site development permit approval process. Additionally, 25-7-152 (E) includes provisions allowing the Director to grant an administrative variance under certain circumstances as described in that section. The purpose of the drainage easement is to alert present and future property owners that there is flood risk on the property. There are limitations on the use of the drainage easement and floodplain areas on the property. These uses are regulated by the floodplain regulations. Importantly, an approved administrative variance waiving the drainage easement requirement does not waive or alter existing restrictions or development requirements within the 100-year floodplain. The proposed amendment would only apply to the dedication of a drainage easement on City of Austin parkland. Additionally, if parkland is later sold through the Chapter 26 process and voter approval, the new property owner would be required to dedicate a drainage easement as part of any future site plan application. The process for the sale of public parkland must follow the requirements outlined in Chapter 26 of the Texas statues which serve as a protection for public parks and recreational lands from programs or projects that would change their use or require taking of public land. A benefit of this proposed code change is to reduce the fiscal and administrative burden on new parkland projects by improving efficiency during the permit review process. Austin Parks and Recreation and Austin Watershed Protection are in agreement that this change is appropriate and beneficial. Currently, each parkland development project must apply for a variance and be approved on a case-by-case basis. Codifying this exception will streamline the process and reduce unnecessary administrative work for both departments. Additionally, there will be no impact or change on maintenance or operational responsibilities as a result of the code amendment. Staff Recommendation: Staff supports the amendment to 25-7-152 (E): to allow for an administrative variance process to remove the requirement to dedicate a drainage easement associated with development projects on parkland owned by the City of Austin. 1 C20-2025-009 Board and Commission Actions July 16, 2025, Recommendation of approval to initiate code amendment by the Codes and Ordinances Joint Committee; 6 - 0 August 12, 2025, Approved to initiate code amendment by the Planning Commission, 9-0 September 5th, 2025, Code amendment notification memo sent to the Parks and Recreation Board October 15, 2025, Amendment to be considered by Environmental Commission November 19, 2025, Amendment to be considered by the Codes and Ordinances Joint Committee December 9, 2025, Amendment to be considered by Planning Commission Council Action January 2026: A public hearing will be scheduled. Ordinance Number: C20-2025-009 City Staff: Kevin Shunk Phone: 512-974-9176 Email: kevin.shunk@austintexas.gov (Subject Matter Expert) - Watershed Protection Department D’Anne Williams Phone: 512-496-5880 Email: danne.williams@austintexas.gov (Subject Matter Expert) - Parks and Recreation Department Leslie Lilly Phone: 512-535-8914 Email: leslie.lilly@austintexas.gov (Subject Matter Expert) - Watershed Protection Department Sean Watson Phone: 512-963-2167 Email: sean.watson@austintexas.gov (Subject Matter Expert) - Watershed Protection Department 2 Attachment A: Proposed Code Language C20-2025-009 § 25-7-152 - DEDICATION OF EASEMENTS AND RIGHTS-OF-WAY. (A) The owner of real property proposed to be developed shall dedicate to the public an easement or right-of way for a drainage facility, open or enclosed, and stormwater flow to the limits of the 100-year floodplain, as prescribed in the Drainage Criteria Manual. (B) An easement or right-of-way required by Subsection (A) must be of sufficient width to provide continuous access for the operation, maintenance, or repair of a drainage facility as prescribed in the Drainage Criteria Manual. (C) The owner of the property shall dedicate any additional easement or right-of-way that is necessary to allow continuous access for the operation, maintenance, or rehabilitation of a drainage facility. (D) A part of a lot or tract of land that is located in an easement or right-of-way required by this section may be included as part of the area of the lot or tract of land in the calculation of density or impervious cover. (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 property; and (2) the development: (a) is permitted by a variance granted under Section 25-7-92(C) (Encroachments on Floodplain Prohibited); (b) 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); (c) is not a building or parking area; or (d) is a non-conforming use, as defined by Chapter 25-12, Article 3 (Flood Hazard Areas). (e) is on parkland owned by the City of Austin. 3