06 Draft Recommendation - Zoning and Platting Commission Public Access Easement — original pdf

Backup

ZONING & PLATTING COMMISSION ACTION SHEET Agenda Item: Recommendation on Public Access Easements (PAEs) Sponsor: Commissioner Lonny Stern Date: _________________ Action Requested Approve a recommendation to the Austin City Council to initiate development of a Public Access Easement (PAE) policy within the Land Development Code. Summary This item recommends that City Council direct the City Manager to develop an ordinance requiring or incentivizing Public Access Easements (PAEs) in certain developments to improve pedestrian and bicycle connectivity. The recommendation emphasizes Joint Use Access Easements (JUAEs) as the preferred implementation method, allowing public access to be co-located within existing fire lanes, utility easements, and access drives. Why This Matters • Many developments are internally connected but not publicly permeable Small connections can significantly improve transit access and safety • • This is a low-cost, high-impact way to build a connected network over time Key Elements • Applies to mixed-use, commercial, and multi-family developments (threshold-based) • Allows co-location within fire lanes/utilities (JUAE preferred) • Establishes minimum design standards • Provides flexibility through administrative approval • May count toward pedestrian/open space requirements Requested Outcome ZAP recommends that City Council adopt a resolution directing staff to: • Develop ordinance language • Conduct stakeholder engagement • Return with implementation framework Attachments • Draft Recommendation • Backup A: Policy Concept Summary • Backup B: Illustrative Code Framework 06 Draft Recommendation - Zoning and Platting Commission Public Access Easement1 of 7A Recommendation for Public Access Easements in New Development WHEREAS The Zoning & Platting Commission (ZAP) recognizes that Austin’s continued growth presents both challenges and opportunities to improve connectivity, safety, and access for people traveling by foot, bicycle, and transit; and WHEREAS many mixed-use, commercial, and multi-family developments include internal circulation elements such as fire lanes, utility easements, and private access ways that could provide meaningful public connections if made accessible; and WHEREAS gaps in connectivity between parcels, streets, trails, and transit stops contribute to longer travel distances, reduced safety, and limited access to mobility options; and WHEREAS cities across the United States have successfully implemented public access easement requirements to expand pedestrian networks and improve multimodal access without requiring full public right-of-way dedication; and WHEREAS the Commission finds that requiring or incentivizing Public Access Easements (PAEs)— particularly when co-located within Joint Use Access Easements (JUAEs)—can provide significant public benefit while minimizing impacts to development feasibility; WHEREAS large development sites without publicly accessible through-connections may create “superblock” conditions that limit pedestrian permeability and increase reliance on automobile travel; NOW, THEREFORE, BE IT RECOMMENDED BY THE ZONING & PLATTING COMMISSION THAT: 1. Establishment of Need. The Zoning & Platting Commission recommends that the City of Austin establish a policy framework requiring or incentivizing the provision of Public Access Easements (PAEs) in new mixed-use, commercial, and multi-family developments. The Commission finds that such a policy would: • Improve pedestrian and bicycle connectivity • Enhance access to transit and public amenities • Support complete communities and compact growth • Leverage existing site infrastructure (fire lanes, utilities, access drives) • Strengthen Austin’s public realm network over time 2. Direction to City Council. The Zoning & Platting Commission recommends that the Austin City Council adopt a resolution directing the City Manager to: • Develop a proposed ordinance amending the Land Development Code to establish Public Access Easement requirements; • Evaluate thresholds for applicability (e.g., mixed-use, commercial square footage, multifamily unit counts); • Develop design, safety, and accessibility standards; 06 Draft Recommendation - Zoning and Platting Commission Public Access Easement2 of 7 • Evaluate existing block length, pedestrian circulation, and connectivity provisions within Subchapter E and determine whether similar principles should apply to internal site permeability and through-site pedestrian access; • Establish administrative criteria and enforcement mechanisms; • Identify incentives or offsets to support implementation; and • Conduct stakeholder engagement with developers, neighborhood groups, and relevant City departments. 3. Preferred Implementation Strategy. The Commission recommends that the policy: • Encourage co-location of Public Access Easements within: fire lanes o o utility easements o internal access drives • Establish Joint Use Access Easements (JUAEs) as the preferred implementation method, where feasible • Avoid requiring duplicative corridors when shared use is safe and compliant 4. Connectivity Spacing / Large Site Considerations. The Zoning & Platting Commission recommends that the City develop standards to ensure pedestrian permeability through large development sites. Specifically, the Commission recommends that the City evaluate requiring a Public Access Easement (PAE) when a development site exceeds 350 feet in length or width. For developments exceeding this threshold, the policy should: • Require at least one publicly accessible pedestrian connection through the site; • Encourage the connection to link: o adjacent streets, transit stops, o trails, o o open spaces, or o neighboring properties where feasible; • Establish Joint Use Access Easements (JUAEs) as the preferred implementation method; and • Allow flexibility where site constraints or existing connectivity make strict compliance impractical. 06 Draft Recommendation - Zoning and Platting Commission Public Access Easement3 of 7 The Commission finds that large sites without pedestrian connections can function as barriers to mobility and contribute to auto dependency, reduced walkability, and diminished neighborhood connectivity. 5. Geographic Scope. The Commission recommends that the policy be evaluated for citywide applicability, with consideration of: • connectivity opportunities • proximity to transit, trails, and activity centers • context-sensitive flexibility where appropriate 6. Ongoing Evaluation. The Commission recommends that any adopted policy include: • periodic reporting on implementation outcomes • opportunities for refinement based on performance Adopted this __________ day of ___________________________, 20_______. ### 06 Draft Recommendation - Zoning and Platting Commission Public Access Easement4 of 7 BACKUP ATTACHMENT A: POLICY CONCEPT SUMMARY Public Access Easements (PAE) – Concept Overview. A Public Access Easement (PAE) is a recorded easement that allows the public to walk or bike through a privately owned development along a defined route. Key Concept. Instead of requiring new right-of-way, the City enables strategic access through development sites. Preferred Approach. Use a Joint Use Access Easement (JUAE): • • combines fire lane + utilities + access + pedestrian path reduces redundancy • maintains safety and operational requirements Why This Matters in Austin • Many developments are internally connected but externally isolated • Superblocks and site design often limit permeability • Transit access is often constrained by lack of direct paths • Climate (heat) makes shorter routes critical What This Policy Would Do • Create new public connections over time • Improve first/last mile access • Support Vision Zero & mobility goals • Provide predictable expectations for developers 06 Draft Recommendation - Zoning and Platting Commission Public Access Easement5 of 7 BACKUP ATTACHMENT B: ILLUSTRATIVE CODE FRAMEWORK Potential LDC Approach (Conceptual) New Section (Example) • Require PAEs for: o Mixed-use o Commercial > 50k sq ft o Multifamily > 100 units Allow (Preferred): • Co-location within: fire lanes o o utility easements o access drives • Formalized as JUAE Minimum Standards (Conceptual) • 10 ft width • ADA compliance • Public signage • Recorded easement Flexibility • Director may approve alternative alignments • Waivers where infeasible Credit • Counts toward pedestrian circulation / open space Connectivity Through Large Sites (Conceptual Framework) For developments subject to the PAE requirement: • If a development site exceeds 350 feet in length or width, the site shall provide at least one (1) Public Access Easement (PAE) through the project. • The through-connection should: o provide meaningful pedestrian permeability across the site; o connect to existing or planned public circulation routes where feasible; and o be designed to support safe and accessible pedestrian movement. • A Joint Use Access Easement (JUAE) shall be the preferred method of implementation when feasible, including co-location within: fire lanes, o o utility easements, internal access drives, or o o shared circulation corridors. • Additional connections may be required for exceptionally large sites or where necessary to avoid superblock conditions. 06 Draft Recommendation - Zoning and Platting Commission Public Access Easement6 of 7 • The Director may approve alternative alignments or modifications where: topography, utilities, or site constraints prevent feasible placement; or o o equivalent connectivity is otherwise achieved. Relationship to Subchapter E The Commission notes that Subchapter E (Design Standards and Mixed Use) already incorporates principles related to pedestrian circulation, block structure, and connectivity to public streets. The Commission further notes that while Subchapter E includes requirements intended to improve walkability and reduce superblock conditions, those provisions do not consistently require publicly accessible through-site pedestrian connections across large development sites. The Commission recommends that staff evaluate: • Whether Public Access Easement (PAE) requirements for large sites should be incorporated into Subchapter E; • Whether a parallel citywide standard should be developed within Chapter 25-2; and • How existing Subchapter E connectivity principles may inform: o maximum spacing between pedestrian access points, o o avoidance of superblock conditions. through-site circulation requirements, and • The Commission encourages staff to ensure that any future standards remain flexible, context- sensitive, and compatible with Joint Use Access Easement (JUAE) implementation strategies. 06 Draft Recommendation - Zoning and Platting Commission Public Access Easement7 of 7