Recommendation 20260616-006: Public Access Easements in New Development — original pdf

Recommendation

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RECOMMENDATION TO COUNCIL Zoning and Platting Commission Recommendation Number: 20260616-06: 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 RESOLVED that the Zoning and Platting Commission recommends the Austin City Council to: 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; • 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 o trails, . 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. 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 Date of Approval: June 16, 2026 Motioned By: Commissioner Lonny Stern Seconded By: Vice Chair Greenberg Vote: 11-0 For: 1. Hank Smith 2. Betsy Greenberg 3. Ryan Puzycki 4. Alejandra Flores 5. Scott Boone 6. Andrew Cortes 7. David Fouts 8. Taylor Major 9. Louis Osta Lugo 10. Lonny Stern 11. Christian Tschoepe . Against: 0 Abstain: 0 Off the dais: 0 Absent: 0 Attest: _____________________________________________ (Staff Liaison)