| Short Title: | Preservation of View of State Capitol |
| Legislature: | Texas Legislature |
| Imagealt: | Seal of Texas |
| Enacted By: | Texas Senate |
| Date Enacted: | March 24, 1983 |
| Enacted By2: | Texas House of Representatives |
| Date Enacted2: | April 21, 1983 |
| Date Signed: | May 3, 1983 |
| Signed By: | Governor Mark White |
| Date Effective: | May 3, 1983 |
| Bill: | Relating to preservation of the view of the State Capitol from certain points and prohibition of certain construction. |
| Bill Citation: | Tex. S.B. 176, 68th Leg., R.S. (1983). |
| Bill Date: | January 17, 1983 |
| Introduced By: | Lloyd Doggett |
| 1St Reading: | January 17, 1983 |
| 2Nd Reading: | March 24, 1983 |
| 3Rd Reading: | March 24, 1983 |
| Bill2: | Tex. S.B. 176, 68th Leg., R.S. (1983). |
| Bill Date2: | March 28, 1983 |
| Introduced By2: | Gerald Hill |
| 1St Reading2: | April 5, 1983 |
| 2Nd Reading2: | April 21, 1983 |
| 3Rd Reading2: | April 21, 1983 |
| Amended By: | Tex. H.B. 2812, 77th Leg., R.S. (2001). Tex. H.B. 2256, 83rd Leg., R.S. (2013). |
| Status: | In force |
The Capitol View Corridors are a series of legal restrictions on construction in Austin, Texas, aimed at preserving protected views of the Texas State Capitol from various points around the city. First established by the Texas Legislature in 1983 and recodified in 2001, the corridors are meant to protect the capitol dome from obstruction by high-rise buildings. While supported by cultural and historical preservation organizations, the corridors have also been criticized for limiting the potential for the development of new tall structures in downtown Austin.
In 1931, the City of Austin, aiming to preserve the visual preeminence of the 303feet Texas State Capitol, enacted a local ordinance limiting the height of new buildings to a maximum of 200feet. From that time until the early 1960s, only the University of Texas Main Building Tower was built higher than the limit, using an exception allowing for additional height with a greater setback. On November 10, 1962, the Austin Statesman announced that real-estate developers were planning a new high-rise residential building adjacent to the Capitol called the Westgate Tower.[1] The proposed design for the tower was 261feet tall, significantly exceeding the city's height limit, although it compensated with a setback for the upper portion.[2]
The prospect of so tall a structure so close to the Capitol met with significant hostility as plans proceeded. In January 1963, Texas Governor Price Daniel voiced his opposition to the proposed tower in his final address to the Texas Legislature.[1] Resistance continued as construction progressed, with State Representative Henry Grover of Houston introducing a bill to condemn the property in February 1965,[3] which was defeated in March in the Texas House of Representatives by only two votes.[4] The Westgate was completed in 1966, but the controversy over the preservation of the Capitol's visual presence that dogged its construction continued to grow.[1]
The Westgate was followed by even taller structures: first the 307feet Dobie Center (designed in 1968), and then a series of ever larger downtown bank towers, culminating in the 395feet One American Center (designed in 1982).[1] In January 1983, inspired by the Westgate and these other structures, State Senator Lloyd Doggett and State Representative Gerald Hill introduced Senate Bill 176, "Relating to preservation of the view of the State Capitol from certain points and prohibition of certain construction." This bill proposed a list of protected "Capitol View Corridors" along which construction would not be permitted, so as to create protected views from a series of points around Austin.[5]
The bill passed through the Texas Senate and House of Representatives in early 1983, ultimately being signed into law on May 3, 1983, and coming into effect immediately.[6] It was later recodified in 2001 by House Bill 2812, which established the current version of the statute in the Texas Government Code Chapter 3151, entitled "Preservation of View of State Capitol". This code defines the thirty state-protected viewing corridors and prohibits any construction that would intersect one of them.[7] In 1985 the City of Austin adopted a corresponding Capitol View Protection Ordinance,[8] so that the majority of the corridors are protected under the Austin Code of Ordinances Chapter 25-2 Appendix A, entitled "Boundaries of the Capitol View Corridors", as well as under state law.[9]
The state legislation defining the corridors was amended in 2001 and 2003 to accommodate a series of public development projects, including the redevelopment of the defunct Mueller Airport and an expansion of Darrell K Royal–Texas Memorial Stadium,[10] and again in 2013 to clarify the relationship between the state and city codes.[11]
In 2007, the Austin City Council asked the Downtown Commission to review the existing corridors and propose updates or modifications. The commission's final report, delivered on June 27, 2007, recommended that eleven of the thirty corridors be reconsidered or modified.[10] Six of the recommended changes were to correct technical errors in the statute or to bring the city and state laws into agreement, and two were to update the laws to reflect portions of the corridors that were already obstructed.[12] The other four recommendations were more controversial, attracting opposition from the city's Parks and Recreation Board,[13] the Heritage Society of Austin,[14] and others; no changes were ultimately made.[15]
In February 2017, the Austin City Council considered a proposal from Council Member Ora Houston to designate additional protected viewing corridors in east Austin.[16] The proposal was provisionally approved by council on February 16, after an amendment removed one of the five proposed new corridors;[17] that corridor was later restored to the proposal on March 2.[18], city staff are reviewing the proposed additional corridors for feasibility.[19]
Since their creation, the Capital View Corridors have been a frequent focus of conflict among various groups in Austin and in the Texas government. On one hand, cultural conservation and historical preservation organizations have generally supported the restrictions, arguing that the capitol views form an important part of Austin's cultural heritage and are threatened by the city's growth and land development.[20] [21] On the other hand, both private and public entities looking to build in Austin (especially downtown) have expressed concern about the corridors' impact on investment, on property tax receipts, and on the supply of jobs and housing.[16] [22]
A number of high-rise buildings in central Austin have been designed with diagonal floor plans to avoid obstructing a viewing corridor, such as the Fifth & West Residences Tower; other towers suddenly become narrower when they reach the height of a viewing plane, like the 360 Condominiums Tower.[19] Some major civic development projects have received exemptions from the corridor protections, including the redevelopment of the former Mueller Airport and the expansion of the University of Texas football stadium;[10] in other cases, structures already completed have been condemned and rebuilt because of the corridors, including a newly built water intake facility for the Waller Creek Tunnel.[23] Low-lying corridors prevent essentially all construction on certain blocks downtown.[10] [24]
A Capitol View Corridor is a quadrilateral that links a line segment somewhere in Greater Austin to the base of the capitol dome. No structure is permitted to be built in a manner that would intersect the viewing corridor and thus obstruct the protected view of the Capitol., state law defines thirty Capitol View Corridors in Austin, while municipal code defines twenty-six protected corridors, twenty-one of which are identical to state-defined corridors and five of which differ slightly from five of the state corridors. Many of the corridors protect stationary or pedestrian views, and others protect vehicular views from roadways (some corridors protect both). The corridors have an average length of around 1.5miles; the shortest runs for 1700feet to Waterloo Park, and the longest runs 5.7miles to a scenic overlook in West Lake Hills.[10]
, state law defines thirty Capitol View Corridors in Austin, while municipal code defines twenty-six protected corridors, twenty-one of which are identical to state-defined corridors and five of which differ slightly from five of the state corridors.[10]
| Number | Name | class=unsortable | Viewpoint | Type of view | Length | class=unsortable | Image |
|---|---|---|---|---|---|---|---|
| 1 | South Mall of The University of Texas | South Mall of the University of Texas campus | Stationary | ||||
| 2 | Waterloo Park | Sidewalk along the east edge of Waterloo Park | Stationary | ||||
| 3 | Wooldridge Park | South edge of Wooldridge Park | Stationary | ||||
| 4 | French Legation | Front porch of the French Legation | Stationary, Dramatic Glimpse | ||||
| 5 | Lamar Bridge | Lamar Boulevard Bridge over Lady Bird Lake | Threshold | 1.2miles | |||
| 6 | South Congress at East Live Oak | Along Congress Avenue to the capitol terminating vista | Sustained Approach | 2.4miles | |||
| 7 | MoPac Bridge | MoPac Expressway bridge over Lady Bird Lake | Threshold | 1.9miles | |||
| 8 | South Lamar at La Casa Drive | Northbound lanes of south Lamar Boulevard | Threshold | 3miles | |||
| 9 | Barton Creek Pedestrian Bridge | Barton Creek Bridge on the Ann and Roy Butler Hike-and-Bike Trail in Zilker Park | Dramatic Glimpse | 1.6miles | |||
| 10 | Pleasant Valley Road at Lakeshore Drive | East end of Longhorn Shores park on the south shore of Lady Bird Lake | Stationary | 2.6miles | |||
| 11 | East 11th Street Threshold | East 11th Street's elevated crossing over Interstate 35 | Threshold | ||||
| 12 | Northbound Lanes of Interstate Highway 35 Between the Municipal Police and Courts Building and West 10th Street | A segment of the northbound lanes of I-35 southeast of the capitol | Dramatic Glimpse | ||||
| 13 | Southbound Lanes of the Upper Deck of Interstate Highway 35 Between Concordia College and the Martin Luther King, Jr. Boulevard Overpass | A segment of the elevated southbound lanes of I-35 northeast of the capitol | Sustained Approach | 1miles | |||
| 14 | Northbound Lanes of Interstate Highway 35 Between Waller Creek Plaza and the Municipal Police and Courts Building | A segment of the northbound lanes of Interstate 35 southeast of the capitol | Dramatic Glimpse | ||||
| 15 | Northbound Lanes of Interstate Highway 35 Between 3rd Street and Waller Creek Plaza | A segment of the northbound lanes of Interstate 35 southeast of the capitol | Sustained Approach | ||||
| 16 | East 7th Street Bridge over the Texas and New Orleans Railroad | East 7th Street's elevated bridge over the Texas and New Orleans Railroad tracks | Sustained Approach | 2.4miles | |||
| 17 | Longhorn Shores | South edge of Longhorn Shores park on the south shore of Lady Bird Lake | Stationary | 2.2miles | |||
| 18 | Zilker Clubhouse | Plaza in front of the Zilker Clubhouse in Zilker Park | Stationary | 2.1miles | |||
| 19 | Redbud Trail | A hill crest along Redbud Trail in West Lake Hills, Texas | Threshold | 3.4miles | |||
| 20 | Enfield Road | Eastbound lanes of Enfield Road | Threshold, Sustained Approach | ||||
| 21 | Capital of Texas Highway | A scenic overlook on the east side of Capital of Texas Highway in West Lake Hills, Texas | Stationary, Dramatic Glimpse | 5.7miles | |||
| 22 | 38th Street at Red River | Southbound lanes of Red River Street around its intersection with 38th Street | Sustained Approach | 1.8miles | |||
| 23 | Robert Mueller Airport | Base of the old air traffic control tower at the former Mueller Airport | Stationary | 2.7miles | |||
| 24 | Martin Luther King, Jr. Boulevard at Interstate Highway 35 | Westbound lanes of Martin Luther King, Jr. Boulevard at its intersection with I-35 | Threshold | ||||
| 25 | Oakwood Cemetery | Comal Street as it runs through Oakwood Cemetery | Stationary | ||||
| 26 | East 12th Street at Interstate Highway 35 | East 12th Street's elevated crossing over I-35 | Threshold | ||||
| 27 | Lyndon Baines Johnson Library | Terrace of the Lyndon Baines Johnson Library and Museum on the University of Texas campus | Stationary | 1miles | |||
| 28 | North Congress Avenue at Martin Luther King, Jr. Boulevard | North Congress Avenue from its intersection with Martin Luther King, Jr. Boulevard at the southern edge of the University of Texas campus | Stationary | ||||
| 29 | Field Level of the Memorial Stadium Practice Center | Practice field to the south of Darrell K Royal–Texas Memorial Stadium on the University of Texas campus | Stationary | ||||
| 30 | Entrance Terrace to the University of Texas Swim Center | Terrace of the Lee and Joe Jamail Texas Swimming Center on the University of Texas campus | Stationary |
[b] The state and city definitions of this corridor disagree, with the state defining a point just downstream from the bridge as the protected viewpoint.
[c] The state and city definitions of this corridor disagree, with the city defining a longer section of the highway as the protected viewpoint.
[d] The state and city definitions of this corridor disagree, with the state defining a wider protected viewpoint, slightly farther north (closer to the lake).
[e] The state and city definitions of this corridor disagree, with the city defining a wider protected viewpoint.
[f] This corridor was partially obstructed by the addition of an upper seating deck to the east side of Darrell K Royal–Texas Memorial Stadium.
[g] Redevelopment of the airport has been exempted from compliance with this viewing corridor.
[h] This corridor is defined only under state law (not under city ordinance).
In February 2017, the Austin City Council considered a proposal to designate additional protected viewing corridors in east Austin. The proposal was provisionally approved by council on February 16, after an amendment removed one of the five proposed new corridors;[25] that corridor was later restored to the proposal on March 2.[26], city staff are reviewing the proposed additional corridors for feasibility.[27]
| Number | Name | class=unsortable | Viewpoint | Type of view | Length | class=unsortable | Image |
|---|---|---|---|---|---|---|---|
| 1 | Rosewood Park and Thompson Street | Thompson Street across Rosewood Park | Threshold | 1.9miles | |||
| 2 | Lott Park | Lott Park | Stationary | ||||
| 3 | Texas State Cemetery | A hillside within the Texas State Cemetery | Stationary | 1.1miles | |||
| 4 | Juniper and Navasota | Intersection of Juniper Street and Navasota Street | Threshold | ||||
| 5 | Huston–Tillotson University | Jackson Moody Building on the Huston–Tillotson University campus | Stationary | 1.3miles |