The Parks and Recreation Board on Oct. 27 voted 8-1-1 to recommend that city council approve an amendment to the Land Development Code (Title 25) allowing the director of the Watershed Protection Department to grant administrative variances from drainage‑easement dedication requirements for projects on city‑owned parkland.
The motion was made by Vice Chair Flowers and seconded by Board Member Villalobos. The roll call recorded eight in favor, one opposed, and one abstention. Board Member Eubanks publicly said he was uncomfortable with granting the variance without direct involvement of the parks director; another board member registered a single abstention. The board’s recommendation is a referral to the planning commission and ultimately city council for final action.
Kevin Shunk, floodplain administrator for the Austin Watershed Protection Department, explained the intent of the proposed code language: drainage easements are typically recorded to show where the 100‑year floodplain lies on private property and to notify future owners of flood risk. The proposed change would add an administrative variance process that would allow the watershed director to waive the requirement to dedicate a drainage easement in certain cases on city parkland.
Shunk emphasized that removing the recorded easement would not excuse any project from complying with floodplain regulations. “The lack of presence of a drainage easement does not give the property the right to not comply with the floodplain regulations at all,” he said.
A member of the public, Chris Flores (resident, District 10 and parks volunteer), urged the board to reject the proposal as written. Flores said he objected in principle to giving “unelected” staff more sole discretion on public parkland and raised specific concerns about waiving land surveys and legal review, arguing that surveys protect public land rights and the public’s ability to be compensated if land is taken or repurposed.
Board discussion focused on the scope of the change and departmental roles. Parks staff and watershed staff told the board that the code section is managed by the Watershed Protection Department and that the department would administer the variance; parks staff said park projects would still have to comply with floodplain requirements and that nonprofits operating on parkland would continue to be required to follow city code. One parks representative noted that the department receives the variance for parkland projects; a nonprofit that does not own parkland would not receive it independently.
The board’s recommendation does not itself change land records; it authorizes a position in the city’s code review and directs the matter to council for an ordinance. The board’s recorded vote was 8 in favor, 1 opposed and 1 abstention; the motion passed.