Appendix Q-6. REDEVELOPMENT EXCEPTION IN THE WATER SUPPLY RURAL AND WATER SUPPLY SUBURBAN WATERSHEDS
Section 25-8-27 of the Land Development Code (Redevelopment Exception in the Water Supply Rural and Water Supply Suburban Watersheds) allows for redevelopment of existing properties in the Water Supply Rural and Water Supply Suburban watersheds that do not comply with current watershed regulations. This section cannot be applied to existing residential development with two dwelling units or less per lot. In addition, this section cannot be applied if unpermitted development occurred on the site after January 1, 1992. The owner can elect for a property to be governed by this section when a site plan application is filed or if subdivision and site plan applications are filed concurrently. Properties may redevelop under this section provided the following conditions are met:
1.
The redevelopment may not increase the existing amount of impervious cover on the site.
2.
The redevelopment may not further encroach into the Critical Water Quality Zone, the Water Quality Transition Zone, or setbacks for Critical Environmental Features and wetlands.
3.
The project must comply with Section 25-8-121 ( Environmental Resource Inventory Requirement ) and all construction phase environmental requirements (i.e. erosion and sedimentation controls) in effect at the time of construction.
4.
The redevelopment site must provide a level of water quality treatment that is equal to or greater than that which was previously provided. At a minimum, the site must provide sedimentation/filtration ponds for the redeveloped area or an equivalent area on the site.
5.
The property owner must provide mitigation land. The combined impervious cover of the mitigation land and the portion of the redevelopment site treated by sedimentation/filtration ponds may not exceed 20 percent of gross site area if in a water supply rural watershed or 40 percent of gross site area if in a water supply suburban watershed.
6.
The redevelopment may not be located within the Erosion Hazard Zone unless protective works are provided.
Project approval by a simple majority of the City Council is required if the redevelopment:
1.
Includes more than 25 additional dwelling units;
2.
Is located outside the City's zoning jurisdiction;
3.
Is proposed on property with an existing industrial use (as defined in LDC 25-2-5 Industrial Uses Described );
4.
Is inconsistent with a neighborhood plan; or
5.
Will generate more than 2,000 vehicle trips a day above the estimated traffic level based on the most recent authorized use on the property.
The mitigation requirement may be satisfied by:
1.
Paying into the Water Supply Mitigation Fund (see Option 1 Worksheet);
2.
Transferring mitigation land to the City of Austin or placing restrictions on mitigation land through a conservation easement (see Option 2 Worksheet); or
3.
A combination of these mitigation methods (see Option 1 and Option 2 Worksheets).
If the applicant chooses to provide mitigation land in lieu of paying into the Water Supply Mitigation Fund, the person redeveloping shall pay all costs of restricting the mitigation land or transferring the mitigation land to the City, including the costs of:
1.
An environmental site assessment without any recommendations for further clean-up, certified to the City not earlier than the 120th day before the closing date transferring land to the City;
2.
A category 1(a) land title survey, certified to the City and the title company not earlier than the 120th day before the closing date transferring land to the City;
3.
A title commitment with copies of all Schedule B and C documents, and an owner's title policy;
4.
A fee simple deed, or, for a restriction, a restrictive covenant approved as to form by the city attorney;
5.
Taxes prorated to the closing date;
6.
Recording fees; and
7.
Charges or fees collected by the title company.
The mitigation land provided by the applicant must be either greater than 100 acres in size or directly adjacent to existing protected land. The mitigation land must also have acceptable operating & maintenance (O&M) conditions, as approved by the proposed land manager. The presence of an outstanding environmental feature or attribute may allow the mitigation land to deviate slightly from the two previous criteria where desirable and appropriate, pending approval from the Director of the Watershed Protection Department. If the applicant is placing restrictions on the mitigation land, the conservation easement must be approved and recorded prior to the issuance of a development permit.
OPTION 1 WORKSHEET
CALCULATION FOR PAYMENT INTO THE WATER SUPPLY MITIGATION FUNDA. OWNER/AGENT INFORMATION:
Name: _____________________________________________________________________________
Company: _________________________________________________________________________
Telephone: ________________ Fax: ____________________________
B. PROJECT INFORMATION:
Name: _____________________________________________________________________________
Location or Address: ___________________________________________________________________
Permit Number: ________________________________________________________
Case Manager: ________________________________________________________
Total Gross Site Area (GSA): __________________(ac.)
Total Net Site Area (NSA): __________________(ac.)
Total Acres Impervious Cover: __________________(ac.)
Percent Impervious Cover of NSA = Total Acres Impervious Cover/Total Net Site Area
Percent Impervious Cover of NSA: __________________&
C. MITIGATION CALCULATION:
1. WATER SUPPLY RURAL (WSR)
WSR Mitigation Required (ac.) = (Total Acres Impervious Cover/0.20) - Acres Gross Site Area
WSR Mitigation Required: __________________(ac.)
2. WATER SUPPLY SUBURBAN (WSS)
WSS Mitigation Required (ac.) = (Total Acres Impervious Cover/0.40) - Acres Gross Site Area
WSS Mitigation Required: __________________(ac.)
D. PAYMENT CALCULATION:
Mitigation Land Provided by Applicant: __________________(ac.)
Mitigation land provided by the applicant must be approved by the Director of the Watershed Protection Department and the Proposed Land Manager (Option 2 Worksheet).
Mitigation by Payment (ac.) = Mitigation Required - Mitigation Land Provided by Applicant
Mitigation by Payment: __________________(ac.)
Base Fee: $15,000 per acre
Annual Adjustment Factor: 7% beginning October 1, 2008
Adjusted Fee: $_______________________
Total Fee: Mitigation by Payment (ac.) × Adjusted Fee = $_______________
E. AUTHORIZATION:
Owner/Agent: __________________________________________________________________
Reviewed by: _____________________________________________________________________
For the Director of the Development Services DepartmentINSTRUCTIONS FOR COMPLETING OPTION 1 WORKSHEET
CALCULATION FOR PAYMENT INTO THE WATER SUPPLY MITIGATION FUNDPART A. OWNER/AGENT INFORMATION
Provide the name of the owner or agent, the name of the company, and the telephone and fax number.
PART B. PROJECT INFORMATION
Provide the name of the project, the location or address, the site development or site plan number, and the name of the case manager in the Development Services Department.
Provide the Gross Site Area in acres of the entire site.
Provide the Net Site Area in acres of the entire site. See Land Development Code Section 25-8-62 ( Net Site Area ).
Provide the total proposed impervious cover in acres. Total proposed impervious cover should also include existing impervious cover on the site that will remain after redevelopment. Impervious cover shall be measured to the nearest 0.01 acre.
Calculate the percent of impervious cover for the Net Site Area by dividing the acres of impervious cover (Total Acres Impervious Cover) by the acres of net site area (Total Net Site Area).
PART C. MITIGATION CALCULATION
1. WATER SUPPLY RURAL (WSR) MITIGATION
If the site is located within a water supply rural watershed, calculate the acres of WSR Mitigation Required by dividing the acres of impervious cover (Total Acres Impervious Cover) by 0.20 and subtracting the acres of gross site area (Total Gross Site Area).
2. WATER SUPPLY SUBURBAN (WSS) MITIGATION
If the site is located within a water supply suburban watershed, calculate the acres of WSS Mitigation Required by dividing the acres of impervious cover (Total Acres Impervious Cover) by 0.40 and subtracting the acres of gross site area (Total Gross Site Area).
PART D. PAYMENT CALCULATION
Provide, if applicable, the amount of mitigation land in acres provided by the applicant. The mitigation land must be approved by the Director of the Watershed Protection Department and the Proposed Land Manager (Option 2 Worksheet).
Calculate the amount of mitigation land in acres that will be satisfied through payment into the Water Supply Mitigation Fund (Mitigation by Payment) by subtracting the mitigation land provided by the applicant from the Mitigation Required. If all mitigation requirements will be satisfied through payment into the fund, Mitigation by Payment is equal to Mitigation Required.
The base fee ($15,000/acre) and annual adjustment factor (7% beginning October 1, 2008) were established by Ordinance No. 20071108-121. Both the base fee and the annual increase shall be reviewed and adjusted by Council every three years based on current market data.
Use the base fee and annual adjustment factor to determine the Adjusted Fee.
Calculate the Total Fee by multiplying the acres of Mitigation by Payment by the Adjusted Fee.
PART E. AUTHORIZATION
The owner or agent for the project must sign and date the form. Upon review and approval of the payment, the Director of the Development Services Department or their designee will sign and date the form indicating approval of the proposed payment.
OPTION 2 WORKSHEET
EVALUATION OF MITIGATION LAND IN LIEU OF PAYMENT
INTO WATER SUPPLY MITIGATION FUNDA. OWNER/AGENT INFORMATION:
Name: _____________________________________________________________________________
Company: _________________________________________________________________________
Telephone: ________________ Fax: ____________________________
B. PROJECT INFORMATION:
Name: _____________________________________________________________________________
Location or Address: ___________________________________________________________________
Permit Number: _______________________________________________________________
Case Manager: ________________________________________________________________
C. PROPOSED MITIGATION LAND INFORMATION:
Titleholder: _____________________________________________________________________
Location or Address: ____________________________________________________________
Tax Parcel ID: _________________________________________________________________
Total Gross Site Area (GSA) to be Transferred: __________________(ac.)
Total Net Site Area (NSA) to be Restricted: __________________(ac.)
Total Proposed Mitigation Land (ac.) = Total GSA to be Transferred + Total GSA to be Restricted
Total Proposed Mitgation Land: __________________(ac.)
D. MITIGATION CRITERIA:
1.
Must be greater than 100 acres (gross site area) unless directly adjacent to existing protected land. The protected land does not have to be owned by the City of Austin.
Greater than 100 Acres (Gross Site Area) Yes No
Directly Adjacent to Existing Protected Land Yes No
If Directly Adjacent to Existing Protected Land:
Name: ____________________________________________
Owner: ___________________________________________
Location or Address: ________________________________
2.
Must have acceptable operations and maintenance (O&M) conditions, as approved by the receiving department. The land may also be managed by a not-for-profit land trust.
Proposed Land Manager:
3.
The presence of an outstanding environmental feature or attribute may allow the mitigation land to deviate slightly from the two previous criteria where desirable and appropriate, pending approval by the director of the Watershed Protection Department.
Description of Environmental Feature or Attribute: _____________________________________
_____________________________________________________________________________
_____________________________________________________________________________
E. AUTHORIZATION:
Owner/Agent: __________________________________________________________
Reviewed by: __________________________________________________________
For the Director of the Watershed Protection DepartmentReviewed by: ___________________________________________________________
For the Proposed Land ManagerINSTRUCTIONS FOR COMPLETING OPTION 2 WORKSHEET
EVALUATION OF MITIGATION LAND IN LIEU OF PAYMENT
INTO WATER SUPPLY MITIGATION FUNDPART A. OWNER/AGENT INFORMATION
Provide the name of the owner or agent, the name of the company, and the telephone and fax number.
PART B. PROJECT INFORMATION
Provide the name of the project, the location or address, the site development or site plan number, and the name of the case manager in the Development Services Department.
PART C. PROPOSED MITIGATION LAND INFORMATION
Redevelopment of property in the Water Supply Rural and Water Supply Suburban watersheds under Section 25-8-27 requires the purchase or restriction of mitigation land if the site has a sedimentation/filtration pond or an equivalent level of treatment. The mitigation requirement can be satisfied by:
- Paying into the Water Supply Mitigation Fund (Option 1 Worksheet);
- Transferring mitigation land to the City;
- Placing restrictions on mitigation land through a conservation easement; or
- A combination of these mitigation methods.
The combined impervious cover of the mitigation land and the portion of the redevelopment site treated by sedimentation/filtration ponds may not exceed 20 percent of gross site area if in a water supply rural watershed or 40 percent of gross site area if in a water supply suburban watershed. The mitigation land must be within a water supply rural or water supply suburban watershed, either inside or outside the City's jurisdiction.
In lieu of paying into the Water Supply Mitigation Fund, Section 25-8-27(G) of the Land Development Code requires the Director of the Watershed Protection Department to evaluate and accept or deny the proposed mitigation land.
Provide the titleholder of the proposed mitigation land.
Provide the location or address of the proposed mitigation land.
Provide the tax parcel identification number of the proposed mitigation land.
Provide the Gross Site Area in acres of the mitigation land proposed for transfer to the City of Austin.
Provide the Gross Site Area in acres of the mitigation land proposed for restriction by conservation easement.
Calculate the Total Proposed Mitigation Land by adding the mitigation land proposed for transfer (Total GSA to be Transferred) to the mitigation land proposed for restriction (Total GSA to be Restricted).
PART D. MITIGATION CRITERIA
1. Must be greater than 100 acres (gross site area) unless directly adjacent to existing protected land. The protected land does not have to be owned by the City of Austin.
Indicate whether the gross site area of the proposed mitigation land is greater than 100 acres.
Indicate whether the proposed mitigation land is directly adjacent to existing protected land.
If the proposed mitigation land is directly adjacent to existing protected land, provide the name of the protected land, the owner of the land, and the location or address.
2. Must have acceptable operations and maintenance (O&M) conditions, as approved by the receiving department. The land may also be managed by a not-for-profit land trust.
Provide the name of the proposed land manager, if known.
If the land is fee simple and directly adjacent to City of Austin parkland, the assumed land manager is the Parks and Recreation Department (PARD). Any land being transferred to PARD must be for passive use only and cannot be used to satisfy parkland dedication requirements. If the land is fee simple and not directly adjacent to City of Austin parkland, the assumed land manager is the Wildland Conservation Division of the Austin Water Utility. If the land is being placed under restriction through a conservation easement, the assumed land manager is the Wildland Conservation Division or a not-for-profit land trust. The conservation easement must be approved and recorded prior to the issuance of a development permit.
3. The presence of an outstanding environmental feature or attribute may allow the mitigation land to deviate slightly from the two previous criteria where desirable and appropriate, pending approval by the Director of the Watershed Protection Department.
Provide a brief description of any outstanding environmental features or attributes present on the proposed mitigation land. Attach any other relevant information, such as maps, photos, and/or an environmental resource inventory.
PART E. AUTHORIZATION
The owner or agent for the project must sign and date the form. Upon evaluation and approval of the mitigation land, the Director of the Watershed Protection Department or their designee will sign and date the form indicating approval of the mitigation land. The proposed land manager responsible for maintaining the land or their designee must also sign and date the form indicating approval of the mitigation land.
Source: Rule No. R161-14.23, 9-2-2014 ; Rule No. R161-18.05 , 6-12-2018.