11-1: Chapter 26 Compliance Presentation — original pdf

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Chapter 26 Compliance Austin Parks and Recreation | February 2026 Agenda  Definitions  Federal, State and Local Laws  Goals and Purpose  Process  Process Flow Chart  Roles and Responsibilities  Community Engagement  Review and Mitigation Calculation  Land Value  Facility and Amenity Value  Impacts to Programming  Mitigation Fund  Administration  Spending Criteria Throughout this presentation updates to procedures are highlighted in red 2 Definitions • Federal, State and Local Laws • Goals and Purpose Federal, State and Local Laws Law/Code Applicability Key Requirements U.S. DOT Act – Section 4(f) Transportation projects using federal funds • Analysis of alternatives • All possible planning to minimize harm • Net analysis of project impact and benefits/mitigation to select options Land and Water Conservation Fund – Section 6(f) Lands acquired or improved with LWCF Grants Federal approval required for any conversion • • Replacement land of equal value, usefulness, and location Teas Parks and Wildlife Code – Chapter 26 All municipal parkland • Analysis of alternatives • All reasonable planning to minimize harm • Public notice and public hearing Austin City Charter – Article II Powers of the Council City of Austin dedicated parkland • Council cannot sell, lease, convey, or alienate parkland • Requires voter approval for conversion of parkland 4 Goals and Purpose  Protect Parkland  Ensuring that use of parkland is a last resort and only when there is no feasible alternative  Minimize Harm  Collaborating with requesting departments to include all planning to minimize harm to parkland  Ensure Transparency  Allow for meaningful public participation  Maintain Parkland Value  Maintain the recreational and community value of parkland through appropriate mitigation measures  Support Public Needs  Balance the protection of parks with the need for critical infrastructure projects benefitting the community 5 Process • Change of Use Process • Roles and Responsibilities • Community Engagement Change of Use Process City-Sponsored Project External Project • City retains ownership of • Must be government agency parkland • Internal Change of Use Process • Must comply with State and Federal Regulations • Internal Change of Use Process through Parks and Recreation Board and City Council (State, County, School District, etc.) • Must comply with State and Federal Regulations • Condemnation process required for conveyance of parkland. 7 Permanent and Temporary Use of over 6 mo. Temporary use under 6 mo. Chapter 26 MOU Application & Fee APR Confirm Chapter 26 Criteria being met Mitigation Calculated Council Parks and Recreation Board MOU Signed by Department Directors and Mitigation Transferred Project Begins Construction with APR Monitoring Routine Maintenance or Repair Preliminary Investigation Notification Form Right of Entry Form Emergency Emergency Notification Form Community Engagement Community Coordination APR Review/Signs if Approved Distributed to Appropriate APR Staff Initial Meeting Application Review Adoption and Distribution 8 Roles and Responsibilities Austin Parks and Recreation Requesting Department  Reviews application materials submitted  Initiates request for use of parkland and by requesting department including vetting project with internal stakeholders submits of all application materials including field notes  Calculates mitigation and drafts MOU  Leads community engagement efforts as  Supports Requesting Department in community engagement  Coordinates hearings at PARB and City Council and required notice  Monitors construction progress on parkland and ensures compliance with the MOU the project sponsor  Presents and provides backup materials for hearings at PARB and City Council  Responsible for mitigation and other special provisions included in the MOU 9 Community Engagement  Requesting Department is required to document community engagement activities related to the use of parkland  APR coordinates three consecutive weeks of public notice as required under State Law  New SpeakUp Austin site serves as a repository for information on all active projects  Information on the site is a collaboration between the Requesting Department and APR staff  Project pages will be required to be published prior to PARB review  Provide a high-level overview of the project, impacts to the park, and review schedule  Allows community members to submit comments and ask questions of staff 10 Mitigation Calculation • Land Value • Facility and Amenity Value • Additional Changes and Clarifications Land Value  Use average appraised values of geographic areas  Provides transparency and consistency in land value calculation  Reduces cost and time associated with third-party appraisal  Areas based on Austin Board of Realtors MLS Submarkets with adjustments for parkland along Lady Bird Lake  Updated Disturbance Values  Applied to the overall land value to reflect the impact on the future use of parkland following change of use 12 Disturbance Value Percentage of Fee Comments Example Uses 10% 25% 35% 50% 65% 75% 90% 100% Subsurface with nominal effect on use and utility Subsurface or air rights that have minimal effect on use and utility Location along a property line or non usable land area Balanced use by both owner and easement holder Some impact on surface use and conveyance of ingress/egress rights Major impact on surface use and conveyance of future uses Severe impact on surface use and conveyance of future uses Small subsurface water or sewer line Larger subsurface water or sewer line with minimal impacts on future development Water or sewer line, cable lines or other subsurface use with limited impacts on developable area Water or sewer line, cable lines with exceptions in the DOU allowing parklike amenities Pipelines or other limited surface impacts with maintenance requirements and limited development potential Pipelines, drainage easements, flowage easements that restrict future use Overhead electric, drainage easements or other use with restrictions on future use Permanently dedicated to installation ROW or other use with surface impact on parkland Areas within an existing easement or declaration will be limited to the remaining eligible percentage For temporary use, no disturbance factor is considered, instead a 15% annual rate of return is applied to calculate a daily use rate Adapted from Right of Way Magazine "Easement Valuation" Sherwood, May/June 2006. Provided by City of Austin Office of Real Estate 13 Example – Subsurface Waterline and Staging Permanent Area: 1,500 SF $50 Value Per SF × 35% Disturbance Value = $26,250 × Temporary Area: 15,000 SF $50 Value Per SF × 15% Assumed Rate of Return 12 Months ÷ 30 Days 100 Day Construction Duration × = $31,250 ÷ × Total Mitigation = $57,500 Parkland Temporary Work Area Permanent Waterline Use 14 Facility and Amenity Value  Amenities with a value of less than  Amenities with a value of over than $250,000 $250,000  Use the Standard Park Amenity Manual to determine mitigation for impacted amenities that will not be replaced or restored as part of the project  Updated biannual with inflation factor added in off-years  Mitigation to include replacement cost as well as soft and project management costs  Further analysis is required to perform a replacement cost analysis  Estimation must include hard and soft costs as the basis for mitigation 15 Example – Kiosk Sign and Urban Trail Hard Surface Trail Kiosk Sign Count 9,000 1 Unit SF Quantity Cost Per Unit $12 $24,350 Soft and Project Management Costs $54,000 $12,175 Contractor Costs $21,600 $4,870 Total Calculated Fee $183,600 $41,395 $224,995 16 Impacts to Programmed Parkland  Chapter 26 requires that projects include all reasonable planning to minimize harm  APR staff work with requesting departments to find alternative locations that do not impact existing park use  If avoidance is not possible, staff review for  Construction scheduling and sequencing to reduce disruption and protect sensitive areas  Maintaining safe pedestrian access throughout project construction  Public communication plans regarding closures, detours, and project timelines  Construction monitoring, restoration, and inspection  The MOU must include assurances related to this review  Additional mitigation will be required for loss of revenue  Calculated based on the daily revenue generated by the impacted use multiplied by the construction duration 17 Mitigation Fund • Fund Administration • Spending Criteria Fund Administration  Following payment by the Requesting Department funds appropriated on an annual basis  Require a Project Submission Form for internal requests of use of Mitigation Funds  Require Land Use and Acquisition Division Manager approval for use of funding  Reviewed for consistency with community-identified priorities, alignment with long-range plans, equity- based technical criteria, and department needs % Technical Criteria Description 30% Social Equity 25% Proactive Reinvestment 20% Sustainability & Resilience 15% Leveraging Funds and Partnerships 10% Strategic Direction 100% Total Population served, Income of service area, People of color served, children served Site/Building condition, Safety, Maintenance Costs, Reinvestment, Facility Usage, accessibility Green infrastructure, resilience networks, sustainable design, energy efficiency, water usage Ability to utilize matching funds from alternative sources such as grants, donations, partners, historic preservation fund, other city departments, etc. Project aligns with existing city plans, APR Long Range Plan, APR vision plans, etc. For projects & programs not already prioritized in existing plans or studies 19 Spending Criteria MACC Phase II Development Spending criteria ensures that mitigation fees help restore recreational value to the impacted community Allowed Expenses:  Land Acquisition  Planning (Vision Plans, Design, Grant Bull Creek Bluff Neighborhood Park Acquisition Matching)  Development or Redevelopment of recreational amenities Geographic Limitations:  Up to 2-mile radius or Planning Area for Greenbelt, Pocket or Neighborhood Park  Nearest District Park  Any Metro Park 20 Questions? Chapter 26 Team Randy Scott, Division Manager, Land Use and Acquisitions Randy.Scott@austintexas.gov Paul Books, Principal Planner Paul.Books@austintexas.gov Zachary Somberg, Senior Planner Zachary.Somberg@austintexas.gov Barry Simons, Planner III Barry.Simons@austintexas.gov Steven Prather, Project Assistant Steven.Prather@austintexas.gov 22