Waterfront Overlay
Waterfront Overlay
The Waterfront Overlay Task Force was created in 2007 to review provisions of the City Code to identify ambiguities and inconsistencies between the City Code and the 1986 Waterfront Overlay Ordinance. After a nine-month public process, the Waterfront Overlay Task Force presented its final report to the Austin City Council on Thursday, December 18, 2008, and it included a recommendation that the City Code be revised to correct issues identified in its final report.
On February 12, 2009, the City Council approved a resolution directing the City Manager to process code amendments to implement certain recommendations of the Waterfront Overlay Task Force Final Report.
City staff has begun processing amendments to Title 25 of the City Code in a draft ordinance. The recommended amendments were reviewed by the Waterfront Overlay Task Force and five boards and commissions in March and April 2009 prior to the City Council's consideration on Thursday, April 30, 2009. RECA sent a letter to Council outlining its three final recommendations.
The Austin City Council gave preliminary approval to the Waterfront Overlay ordinance at its meeting on Thursday, April 30, 2009. The ordinance was approved on first reading only, because the City failed to notify property owners in the overlay that their property could potentially be impacted. Some properties in the overlay risk losing more than half of their development potential because their maximum height will be reduced from 200' to 96'. Several property owners testified before Planning Commission and Council, prompting Council Member Sheryl Cole to request first reading approval only until courtesy notification can be given to all property owners in the overlay.
Council also adopted Planning Commission's recommendation to exempt Planned Unit Developments (PUDs) from ordinance applicability. Neighborhood stakeholders demanded that PUDs conform to sub-district maximum height restrictions. However, Council opted to exclude them, because PUDs have to be superior developments, and this would allow the Council the flexibility to award increased entitlement rights in exchange for only the best projects. Council Member Randi Shade added a friendly amendment to exempt existing PUDs in the overlay, and Council Member Laura Morrison added a friendly amendment to direct the Waterfront Planning Advisory Board (WPAB) to make recommendations on how PUDs could achieve community benefits if granted additional height.
Council Member Mike Martinez also amended the ordinance by not requiring the WPAB to review administrative site plans. Instead members of the WPAB would be sent copies of administrative site plans filed in the overlay.
Council also adopted Planning Commission's recommendation to task the newly formed WPAB with reviewing the following issues in the overlay: PUDs, height restrictions in general, preservation of view corridors, affordable housing, transit, 3-D conceptual modeling, and green building.
The Council approved the ordinance with these amendments unanimously on first reading and left the public hearing open.
The latest draft of the ordinance came out on Wednesday, May 13, 2009. At the Thursday, May 21, 2009 Austin City Council meeting, Council Members closed the public hearing and approved the proposed Waterfront Overlay ordinance on second reading only with two amendments.
Council Member Laura Morrison attempted to amend the ordinance to require a super-majority vote to approve a Planned Unit Development in the overlay, but it was defeated on a five to two vote.
On Thursday, June 11, 2009,.the Austin City Council approved the amended Waterfront Overlay ordinance unanimously on third reading. The ordinance codifies the following recommendations made by the Waterfront Overlay Task Force:
- Reinstate the goals and policies from the Town Lake Corridor Study.
- Establish a Waterfront Planning Advisory Board (WPAB) to assist in promoting excellence in the design, development, and protection of the City's waterfront.
- Establish the sub-district maximum heights from the 1986 code. These heights range from 25' to unlimited height depending on the sub-district.
- Direct the City Manger to establish a system for providing development bonuses in exchange for community benefits.
- Ensure that the Waterfront Overlay ordinance supersedes all other citywide design policies and regulations.
To summarize, the ordinance was approved with the following amendments on each reading:
- First reading: exempt current and future PUDs (Planned Unit Developments) from ordinance applicability, direct the WPAB to make recommendations on how PUDs could achieve community benefits if granted additional height, not require the WPAB to review administrative site plans, and task the newly-formed WPAB with reviewing the following issues in the overlay: PUDs, height restrictions in general, preservation of view corridors, affordable housing, transit, 3-D conceptual modeling, and green building.
- Second reading: add that the City Manager will work with the WPAB to come up with its recommendations, and task the WPAB with addressing L-Zone properties losing entitlements and how to incorporate urban design into future development in the overlay. A separate amendment by Council Member Morrison would have required a super-majority vote to approve a PUD in the overlay, but it was defeated on a 5-2 vote.
- Third reading: Clarify that existing PUDs are exempted from the ordinance unless there is a substantial amendment to the PUD or if an amendment to the PUD increases the size, shape, or density of the PUD or encroaches into waterfront setbacks.
The appointees to the Waterfront Planning Advisory Board (WPAB), which held its inaugural meeting on Thursday, November 12, 2009, are listed below. The Council Member appointing the board members is shown parenthetically.
RECA Past President Jim Knight (Leffingwell), Chair
Dean Almy (Shade)
Mary Arnold (Morrison)
Brooke Bailey (Martinez)
Roy Mann (Riley)
Robert Pilgrim (Spelman)
Daniel Woodroffe (Cole)
In November 2009, the Waterfront Planning Advisory Board (WPAB) was tasked with developing a method for rewarding density and height bonuses in exchange for community benefits for projects in the overlay. As of November 2011, the WPAB is still considering recommendations for those density and height bonuses. In addition to recommending that bonus methodology, the WPAB is also addressing Council’s mandate to analyze, deliberate, and make recommendations to the Planning and the Zoning and Platting Commissions for amendments to the Waterfront Overlay Ordinance. The WPAB also makes informal recommendations on land use decisions for properties and projects located in the overlay.
The WPAB meets on the second Monday of each month at 5:00 p.m. at One Texas Center, Room 500.
Waterfront Overlay Task Force Final Report
