Creating and improving parks in Austin is about to get a lot harder, thanks to a new state law that takes effect on 1 January.
The law will force the city to change its park dedication rules and the fees it charges developers. On Thursday, the Austin City Council took the first steps to change the existing structure to comply with the new state law.
Parkland dedication rules are designed to ensure that residents have equitable access to parks and green space as the city grows. The city’s rules aim to make these spaces within a 5-10 minute walk of new developments. Changing the rules means Austin will lose millions of dollars in funding to maintain and expand parks.
The new law is “absolutely devastating for our parks,” said Council Member Alison Alter.
“It’s not so much the fees,” she said. “It’s the way it cuts off our needs and our ability to demand land dedication. … It creates all sorts of uncertainties and problems going forward. … And it’s just sad for our community that values our parks.
This isn’t the first time state lawmakers have tried to interfere with local control. House Bill 2127, often dubbed the “Death Star” bill by its opponents, sought to undo several other local rules and policies, such as requiring water breaks for construction workers. A Travis County judge ruled the law unconstitutional in August, just days before it was to take effect. The state attorney general’s office immediately appealed.
City Council must roll back recent progressive changes
When developers come to Austin, the city requires them to dedicate a certain amount of parkland to the area or pay a fee that allows the city to acquire and develop parks. Last year, the city updated these rules to include commercial developers, but now those efforts must be rolled back in a multi-step process.
Robynne Heymans, who works with the park dedication program, said the new law will severely limit how much money and land can be acquired.
She said the city began requiring developers in the city centre to contribute to the effort. The city used the fees to fill in greenbelt gaps and improve existing parks. The rules also led to new pocket parks, including the Saltillo Plaza Pocket Park. But the law prohibits cities from imposing these rules on commercial development, making it virtually impossible to require parkland downtown.
“You may not think we need a lot of parkland there, but we are acquiring land along Shoal Creek and Waller Creek to make sure those greenbelts are connected,” Heymans said. “We probably won’t be able to do that anymore.”
She said the city generates between $14 million and $26 million a year in park dedication fees that help acquire and develop parkland. Heymans said these fees help the city open new parks – as many as 30 a year – and ensure equitable access as the city grows.
She said the city will now have to turn to other options, such as bonds like the one passed by Travis County voters this week, which affect property taxes.
“It’s going to kind of put that burden back on existing residents, rather than holding developers accountable for the new growth they bring in,” Heymans said.
Parkland advocates call new rules a loss for residents
The changes only apply to multi-family and hotel-motel developments, and geography will play a role.
Under the new law, cities will be required to designate different areas of the city that will determine the amount of land and fees required. The City Council took this step on Thursday when it adopted boundaries to designate a downtown central business district and urban and suburban cores in line with Imagine Austin, the city’s comprehensive plan for the future.
The city’s current rules require a developer to provide 9.4 acres of parkland per 1,000 residents. Under the new rules, developers will only have to provide between 0.075 and 3 acres of land per 1,000 residents, depending on where it is located.
Heymans said the city does not know exactly how much it will lose in fees, but expects it to be between 40% and 70% of what it charges today.
“The best thing we can do now is be more aggressive about acquiring parks with the money we have,” she said.
Ultimately, says Heymans, this is an unfortunate loss for residents and developers.
“A lot of times it’s really beneficial for the development. We see higher retention rates for the developer if they build a park on site,” she said. “Everyone wants to live near a park.”