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ORDINANCE AMENDMENT REVIEW SHEET Amendment: C20-2021-008 Description: Amend certain provisions to the City Code relating to cut and fill requirements and critical water quality zone development regulations as applied to Urban Trails. • Allow cut and fill of up to 8 feet for a public trail if the cut and/or fill is not located on a slope of more than 15% or within 100 feet of a classified waterway and the trail is designed in accordance with the Environmental Criteria Manual. • Clarify the language to formalize current code interpretation making clear that a trail within the critical water quality zone is limited to 12 feet plus one foot compacted sub grade shoulders on each side. The draft ordinance is attached. Staff Recommendation: Staff recommends approval of this amendment. Board and Commission Actions Codes and Ordinances Joint Committee recommended to full Planning Commission on a 6-0 vote on September, 15, 2021. Environmental Commission recommended amendment on a 7-0 vote on August 18, 2021. City Council Action City Council initiated code amendments per resolution no. 20210610-041 on June 10, 2021. Ordinance Number: NA City Staff: Katie Wettick Phone: 512-974-3529 Email: Katie.Wettick@AustinTexas.gov 10/1/2021 1 of 22B-9DRAFT ORDINANCE Subsection (B) of City Code Section 25-8-261 (Critical Water Quality Zone Development) is amended to read as follows: (B) Open space is permitted in a critical water quality zone if a program of fertilizer, pesticide, and herbicide use is approved by the Watershed Protection Department, subject to the conditions in this Subsection. (1) In a water supply rural watershed, water supply suburban, or the Barton Springs Zone, open space is limited to sustainable urban agriculture or a community garden if the requirements in subsection (B)(4) are met, multi-use trails, picnic facilities, and outdoor facilities, excluding stables, corrals for animals and athletic fields. (2) A master planned park that is approved by the council may include recreational development other than that described in Subsection (B)(1). (3) A hard surfaced trail may cross the critical water quality zone pursuant to Section 25-8-262 (Critical Water Quality Zone Street Crossings). A hard surfaced trail that does not cross the critical water quality zone may be located within the critical water quality zone only if: (a) (b) (c) (d) (e) designed in accordance with the Environmental Criteria Manual; located outside the erosion hazard zone unless protective works are provided as prescribed in the Drainage Criteria Manual; limited to 12 feet in width plus one-foot compacted sub-grade shoulders, unless a wider trail is designated in a Council- adopted plan [the Urban Trails Master Plan adopted by Council]; located not less than 25 feet from the centerline of a waterway if within an urban watershed; located not less than 50 feet from the centerline of a minor waterway, 100 feet from the centerline of an intermediate waterway, and 150 feet from the centerline of a major waterway if within a watershed other than an urban watershed; September 2021 Ordinance re: Urban Trails Page 1 of 5 2 of 22B-9(f) (g) (a) (b) (c) (d) (e) (a) located not less than 50 feet from the shoreline of Lake Travis, Lake Austin, Lady Bird Lake, and Lake Walter E. Long, as defined in Section 25-8-92; and located not less than 100 feet from the ordinary high water mark of the Colorado River downstream from Longhorn Dam. (4) Open space may include sustainable urban agriculture or a community garden only if: in an urban watershed and located not less than 25 feet from the centerline of a waterway, or in a watershed other than an urban watershed and located not less than 50 feet from the centerline of a minor waterway, 100 feet from the centerline of an intermediate waterway, and 150 feet from the centerline of a major waterway; located not less than 50 feet from the shoreline of Lake Travis, Lake Austin, Lady Bird Lake, and Lake Walter E. Long, as defined in Section 25-8-92; located not less than 100 feet from the ordinary high water mark of the Colorado River downstream from Longhorn Dam; designed in accordance with the Environmental Criteria Manual; and limited to garden plots and paths, with no storage facilities or other structures over 500 square feet. (5) In a suburban or urban watershed, open space may include an athletic field only if: in an urban watershed and located not less than 25 feet from the centerline of a waterway, or in a suburban watershed and located not less than 50 feet from the centerline of a minor waterway, 100 feet from the centerline of an intermediate waterway, and 150 feet from the centerline of a major waterway; (b) located not less than 50 feet from the shoreline of Lady Bird Lake and Lake Walter E. Long, as defined in Section 25-8-92; September 2021 Ordinance re: Urban Trails Page 2 of 5 3 of 22B-9located not less than 100 feet from the ordinary high water mark of the Colorado River downstream from Longhorn Dam; and the owner of the athletic field submits to the Watershed Protection Department a maintenance plan to keep the athletic field well vegetated and minimize compaction, as prescribed in the Environmental Criteria Manual. Subsection (A) of City Code Section 25-8-341 (Cut Requirements) is amended to read as follows: (A) Cuts on a tract of land may not exceed four feet of depth, except: (1) (2) (3) (4) (5) (6) in an urban watershed; in a roadway right-of-way; for construction of a building foundation or swimming pool; for construction of a water quality control or detention facility and appurtenances for conveyance such as swales, drainage ditches, and diversion berms, if: 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; 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: the cut is not in a critical water quality zone; the cut does not alter a 100-year floodplain; the landfill or excavation has an erosion and restoration plan approved by the City; and (c) (d) (a) (b) (c) (a) (b) (c) September 2021 Ordinance re: Urban Trails Page 3 of 5 4 of 22B-9(d) all other applicable City Code provisions are met; or[.] (7) for cut associated with construction of a multi-use trail, if: (a) (b) (c) (d) the cut is not located on a slope with a gradient of more than 15 percent or within 100 feet of a classified waterway; the cut is limited to no more than eight feet in depth; 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. 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) (2) (3) (4) (5) (6) in an urban watershed; in a roadway right-of-way; 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) (b) (c) the design and location of the facility within the site minimize the amount of fill over four feet; 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; for utility construction or a wastewater drain field; [or] in a state-permitted sanitary landfill located in the extraterritorial jurisdiction, if: September 2021 Ordinance re: Urban Trails Page 4 of 5 5 of 22B-9(a) (b) (c) (a) (b) (c) (d) 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: the fill is not located on a slope with a gradient of more than 15 percent or within 100 feet of a classified waterway; 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. September 2021 Ordinance re: Urban Trails Page 5 of 5 6 of 22B-9Description Current Status/Concern Proposed Improvement Advantage Disadvantage Plain Language Summary Type of Change 25-8-341 Cut Requirements and 25-8- 341 Fill Requirements Policy 25-8-261 Criteria for hard surfaced trails located within the critical water quality zone Clarify Cut and fill for a trail located in a suburban watershed is currently limited to 4 ft or an administrative variance is required. While administrative variances are typically granted, construction of roadways in public right-of-way has no cut or fill limit. A hard surface trail within the critical water quality zone is limited to 12 feet in width, unless a wider trail is designated in a Council adopted plan. Current language does not make clear if that is surface width or if it includes the sub- grade shoulders that extend beyond the usable width of the trail. Current interpretation is that the 12 ft width refers to the usable width of the trail. Allow cut and fill of up to 8 ft for a public trail if the cut or fill is not located on a slope of more than 15% or within 100 ft of a classified waterway and the trail is designed in accordance with the Environmental Criteria Manual. Clarify the language to formalize current interpretation making clear that a trail within the critical water quality zone is limited to 12 feet plus one foot compacted sub grade shoulders on each side. Streamlines review process. None Formalizes internal policy. None 7 of 22B-9ENVIRONMENTAL COMMISSION MOTION 20210818 004b Date: August 18, 2021 RATIONALE: Subject: Proposed changes to the Land Development Code for urban trails Motion by: Kevin Ramberg Seconded by: Rachel Scott WHEREAS, the Environmental Commission recognizes the City staff are requesting changes to Land Development Code for urban trails specifically requesting: (1) An amendment to LDC 25-8-341 and 25-8-342 to cut and fill requirements to allow cut and fill of up to 8 feet for a public trail if the cut or fill is not located on a slope of more than 15% or within 100 feet of a classified waterway and the trail is constructed in accordance with the Environmental Criteria Manual and (2) An amendment to LDC 25-8-261 to clarify the language to formalize the current interpretation making clear that a trail within the critical water quality zone is limited to 12 feet plus one foot compacted subgrade shoulders on each side. THEREFORE, the Environmental Commission recommends the above noted changes to the Land Development Code. VOTE 7-0 For: Qureshi, Brimer, Scott, Thompson, Barrett Bixler, Ramberg, and Coyne Against: None Abstain: None Recuse: None Absent: Bedford, Bristol, Guerrero Approved By: Linda Guerrero, Environmental Commission Chair 1 8 of 22B-9Urban Trail Proposed Code Amendments OCTOBER 12, 2021 9 of 22B-9Agenda 10.12.2021 I. Background #EFA160 #16362F II. Proposed Code Amendments I. II. LDC 25-8-341/342 LDC 25-1-261(B)(3)(c) #1886CA III. Q&A PUBLIC WORKS DEPARTMENT – CITY OF AUSTIN 2 10 of 22B-9Background Resolution NO. 20200220-045 ] PUBLIC WORKS DEPARTMENT – CITY OF AUSTIN 3 11 of 22B-9Background February 2020 April 2020 • Resolution NO. 20200220-045 Passed • Stakeholder Group Convened January 2021 #EFA160 • Memo response to Resolution June 2021 #16362F • Resolution NO. 20210610-041 Passed Resolution NO. 20210610-041 #1886CA “(2) Council initiates the following amendments to the Land Development Code, as recommended by PWD and WPD in Appendix B of the January 4, 2021 memo from PWD, and asks that they be brought back to Council by August 26, 2021: (a) Amend Land Development Code 25-8-341 and 25-8-342 to grant urban trails projects greater cut and fill allowances under specific environmental circumstances. (b) Amend Land Development Code 25-8-261(B)(3)(c) to reflect current policy that trails within the critical water quality zone be limited to 12 feet in surface width plus one-foot shoulders on each side. PUBLIC WORKS DEPARTMENT – CITY OF AUSTIN 4 12 of 22B-9PURPOSE • Streamline review process • Create transparency • Formalize internal policy 13 of 22B-9What is Cut + Fill? cut fill #EFA160 #16362F #1886CA PUBLIC WORKS DEPARTMENT – CITY OF AUSTIN 6 14 of 22B-9LDC 25-8-341 & 25-8-342: Cut and Fill Current Status:  Cut and/or fill in a suburban watershed is limited to 4 ft in depth  Administrative variance typically granted to allow up to 8 ft, with certain conditions  Construction of roadways in public right-of-way has no cut or fill limit Proposed Improvement #EFA160 #16362F Allow cut and/or fill of up to 8 ft for a public trail if:  The cut or fill is not located on a slope of more than 15%  The cut or fill is not located within 100 #1886CA ft of a classified waterway; and  The trail is designed in accordance with the Environmental Criteria Manual. PUBLIC WORKS DEPARTMENT – CITY OF AUSTIN 7 15 of 22B-9NORTHERN WALNUT CREEK TRAIL Northern Walnut Creek Trail Phase 2A • Construction beginning November 2021 • Granted admin variance from cut and fill requirements 16 of 22B-9LDC 25-8-261: Critical Water Quality Zone Development Current Status:  A hard surface trail within the critical water quality zone is limited to 12 feet in width, unless a wider trail is designated in a Council adopted plan.  Current language does not make clear if the 12 ft refers to the surface width or if it includes the sub-grade shoulders that extend beyond the usable width of the trail. Proposed Improvement #EFA160 #16362F  Clarify the language to formalize the current interpretation to make clear that a trail within the critical water quality zone is limited to 12 ft plus one ft compacted sub grade shoulders on each side #1886CA PUBLIC WORKS DEPARTMENT – CITY OF AUSTIN 9 17 of 22B-9CURRENT EXAMPLE • Lower Boggy Creek Trail UPCOMING PROJECTS: • Country Club Creek Trail • Northern Walnut Creek Trail 18 of 22B-9Questions? Katie Wettick, AICP Urban Trails Program Manager Public Works Department Katie.Wettick@austintexas.gov 11 19 of 22B-9LDC 25-8-341 – Cut Requirements (A) Cuts on a tract of land may not exceed four feet of depth, except: (1) (2) (3) (4) pool; in an urban watershed; in a roadway right-of-way; for construction of a building foundation or swimming 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 cut over four feet; (b) the cut is the minimum necessary for the appropriate functioning of the facility; and (c) the cut is not located on a slope with a gradient of more than 15 percent or within 100 feet of a classified waterway; for utility construction or a wastewater drain field, if the (5) area is restored to natural grade; (6) in a state-permitted sanitary landfill or a sand or gravel excavation #EFA160 located in the extraterritorial jurisdiction, if: #16362F the cut is not in a critical water quality zone; the cut does not alter a 100-year floodplain; (a) (b) (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. #1886CA (7) for 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) the cut is located in a public right-of-way or public easement; and (d) the trail Criteria Manual. is designed in accordance with the Environmental PUBLIC WORKS DEPARTMENT – CITY OF AUSTIN 12 20 of 22B-9LDC 25-8-341 – Fill Requirements (A) Fill on a tract of land may not exceed four feet of depth, except: (1) (2) (3) (4) in an urban watershed; in a roadway right-of-way; 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; (b) the fill is the minimum necessary for the appropriate functioning of the facility; and (c) 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; or (6) in a state-permitted sanitary landfill located in the extraterritorial #16362F #EFA160 jurisdiction, if: the fill is derived from the landfill operation; the fill is not placed in a critical water quality zone or a 100- (a) (b) year floodplain; (c) the landfill operation has an erosion and restoration plan approved by the City; and (d) all other applicable City Code provisions are met. #1886CA (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; (c) the fill is located in a public right-of-way or public easement; and (d) the trail Criteria Manual. is designed in accordance with the Environmental PUBLIC WORKS DEPARTMENT – CITY OF AUSTIN 13 21 of 22B-9LDC 25-8-261: Critical Water Quality Zone Development A hard surfaced trail may cross the critical water quality zone pursuant to Section 25-8-262 (Critical Water Quality Zone Street Crossings). A hard surfaced trail that does not cross the critical water quality zone may be located #16362F within the critical water quality zone only if: #EFA160 limited to 12 feet in surface width plus one-foot compacted sub-grade shoulders, unless a wider trail is designed in accordance with the Environmental Criteria Manual; located outside the erosion hazard zone unless protective works are provided as prescribed in the Drainage (a) (b) Criteria Manual; (c) designated in a Council-adopted plan; located not less than 25 feet from the centerline of a waterway if within an urban watershed; (d) (e) located not less than 50 feet from the centerline of a minor waterway, 100 feet from the centerline of an intermediate waterway, and 150 feet from the centerline of a major waterway if within a watershed other than an urban watershed; (f) Long, as defined in Section 25-8-92; and (g) Longhorn Dam. located not less than 50 feet from the shoreline of Lake Travis, Lake Austin, Lady Bird Lake, and Lake Walter E. located not less than 100 feet from the ordinary high water mark of the Colorado River downstream from #1886CA PUBLIC WORKS DEPARTMENT – CITY OF AUSTIN 14 22 of 22B-9