Consolidated City/County Subdiv Regs

CONSOLIDATED CITY/COUNTY SUBDIVISION REGULATIONS

CONSOLIDATED CITY/COUNTY SUBDIVISION REGULATIONS

History
Governor Rick Perry signed HB 1445 (77th Regular Session) into law on June 15, 2001. HB 1445, by Representative Bob Turner (D-Voss) and Senator Jeff Wentworth (R-San Antonio), required municipalities and counties to consolidate subdivision regulations in the extraterritorial jurisdiction of a municipality. HB 1445 mandated a consolidated review process and development regulations for the ETJ no later than April 1, 2002. RECA and other stakeholders participated in a series of meetings with City of Austin and Travis County officials in order to resolve code discrepancies per the requirements of this legislation. Periodically during the spring of 2003, Travis County Commissioners Court and Austin City Council passed code amendments per HB 1445.
Due to slow progress in developing consolidated rules and regulations, Representative Todd Baxter (R-Austin) and Senator Jeff Wentworth (R-San Antonio) filed legislation (HB 1204) to amend and clarify provisions within the previously adopted HB 1445. Governor Perry signed HB 1204 (78th Regular Session) into law on June 20, 2003. HB 1204 requires that there be a single set of regulations for plats in the ETJ. It further provides that if a city and county have not reached agreement on the regulations by January 1, 2004, they are required to arbitrate the disputed issues. HB 1204 also requires municipalities to recognize the roadway plan of the metropolitan planning organization (MPO) for subdivision plans even if it is in conflict with a local roadway plan.
In May 2003, the Travis County Commissioners Court and the Austin City Council adopted the First Amendment to the City of Austin - Travis County HB 1445 Interlocal Agreement. The First Amendment resolved and further clarified subdivision regulation issues related to the following: park land dedication, preliminary plan expiration dates, assigning responsibility to grant waivers and variances, natural and traditional character of waterways, sidewalks, private streets and gated communities, fees and inspections, regional stormwater management program, and a procedure for developing a single set of subdivision regulations for the two jurisdictions to jointly adopt.
In October 2003, staff members from the City of Austin and Travis County developed and distributed a draft single set of subdivision regulations, a new Chapter 30 to be added to the Land Development Code. From October 2003 to December 2003, real estate stakeholders held meetings with the staff members to raise issues and propose resolutions to differences of opinion.
The Austin City Council adopted an amended Chapter 30 on third and final reading at their December 11, 2003 meeting. The Travis County Commissioners Court also unanimously adopted the Chapter 30 code at their December 16, 2003 meeting.
In January 2004, the Travis County Commissioners Court adopted a resolution stating that the County and the City of Austin are in compliance with HB 1445 and HB 1204 by their previous adoption of the Chapter 30 consolidated subdivision regulations. However, the County did not certify agreement with the City with respect to development review fees. The County engaged Deloitte and Touche to perform a subdivision fee audit to identify duplication of fees and services by the City and County and recommend an appropriate cost of service.
In March 2004, Deloitte and Touche reported that reviewers from Travis County and the City of Austin duplicated efforts on portions of the subdivision review, specifically related to transportation and drainage issues. Based on those findings, the Travis County Commissioners Court proposed that the City of Austin exclusively review all aspects of a subdivision application in the near-term annexation areas. For all other areas in the ETJ, the County would review transportation and drainage issues and the City would review all other aspects, such as environmental and utility.
In April 2004, the City of Austin offered a counterproposal that would distribute transportation and drainage reviews for subdivision applications in the ETJ by one of two ways: 1) the City would review in the near-term annexation areas and the 2-mile ETJ, and the County would review in all other areas of the ETJ; or 2) the City would review in the Drinking Water Protection Zone (DWPZ) and the County would review in the Desired Development Zone (DDZ).
In May 2004, Travis County Judge Sam Biscoe, County Commissioner Gerald Daugherty, Mayor Pro Tem Jackie Goodman, and Council Member Daryl Slusher formed a joint City/County subcommittee to resolve these outstanding issues of duplicate fees and reviews. Responding to direction provided by the joint City/County subcommittee, staff members from the City of Austin and Travis County presented a proposal dividing review authority and charging fees based on function and geography.
Under the proposal, the County staff would have authority for reviewing and setting fees for transportation and drainage functions. City staff would review and set fees for environmental, utilities, and inspection functions. Furthermore, County staff would review general plat requirements in the Desired Development Zone of the ETJ while City staff would review those requirements in the Drinking Water Protection Zone. For subdivision reviews in the City's near-term annexation area and Drinking Water Protection Zone, the City of Austin will appoint a case manager for the application review. For reviews in the Desired Development Zone in the City's extraterritorial jurisdiction, Travis County will appoint the case manager.
Real estate stakeholders expressed concern regarding the staff proposal to shift the role of inspections to City staff, even for subdivision application items reviewed by County staff.
In June 2004, members of the joint City/County subcommittee on subdivision regulations have agreed in principle on the distribution of authority and function for subdivision reviews.
In October 2004, the Travis County Commissioners Court and Austin City Council both adopted the Third Amendment to their HB 1445 Interlocal Agreement. The amendment calls for division of review authority based on geography. For subdivision applications in the portion of the extraterritorial jurisdiction in the Drinking Water Protection Zone, the City will appoint the case manager. For applications in the Desired Development Zone, the County will appoint the case manager. The City has authority to inspect all subdivisions, regardless of location. Furthermore, the City and the County will annually prepare and publish a summary report of fees collected associated with subdivisions, such as parkland, transportation, and stormwater detention.
On November 4, 2004, Austin City Council approved a revised fee schedule for the review of subdivision applications in the ETJ. Also, at their November 9, 2004 meeting, the Travis County Commissioners Court adopted an increased fee schedule for the costs associated with reviewing subdivision applications. As part of the Travis County adoption, three new positions have been created in the Transportation and Natural Resources Department effective April 1, 2005. Because of negotiations between the City and County in order to comply with HB 1445 and HB 1204, both jurisdictions revised their fees to reflect their new distribution of subdivision review and inspection authorities.
The amended City of Austin fees will only affect subdivisions and subdivision construction plans located in Travis County; there will be no effect within the full purpose limits of the City or within counties other than Travis County. The Joint City/County Subcomittee has assigned City of Austin Neighborhood Planning and Zoning Department staff member, George Zapalac as the Supervisor for the single office for reviewing subdivision cases in the ETJ. Zapalac is responsible for presenting cases before both the City of Austin's Zoning & Platting Commission and the Travis County Commissioners Court. The single office is fully operational for subdivision cases, including construction plans for subdivisions, and is beginning the process to integrate site plan review into the single office process.
July 2008 Update
The City of Austin and Travis County are once again considering amendments to Title 30, the joint city-county subdivision ordinance.
The City is offering an amendment that would change the way the Critical Water Quality Zone is measured along the Colorado River. Currently, the zone is completely within the river because the high water mark is measured from the center of the river. The City proposes measuring the high water mark from the edge of the river instead, which would increase the mark 200 to 400 feet and provide a Critical Water Quality zone along the river bank. City officials cite numerous reasons for this change including protecting recreational use of the river, water quality, and the physical and ecological integrity of the river and its bank.

The County is also offering an amendment regarding public notice requirements. Current Title 30 requirements are a scaled-back version of how the City and County typically provide notice. The County proposes that the City adopt the same public notification requirements in the ETJ as it has within the city limits.

Each amendment must be approved by the Austin City Council and Travis County Commissioner's Court before being enacted. The City's amendment has earned Council approval and will be before the Commissioners Court on August 5, 2008 for its consideration. The Court will also consider the proposed County amendment on August 5, and if it passes will be sent to the City Council.

Resources
Amended Fiscal Year 2004-2005 Watershed Protection and Development Review Department Fee Schedule (Adobe Acrobat File)
Single Set of Regulations
Chapter 30-1: General Provisions Adopted version (Adobe Acrobat File)
Chapter 30-2: Subdivisions Requirements Adopted version (Adobe Acrobat File)
Chapter 30-3: Transportation Adopted version (Adobe Acrobat File)
Chapter 30-4: Drainage Adopted version (Adobe Acrobat File)
Chapter 30-5: Environmental Adopted version (Adobe Acrobat File)
Appendix Adopted version (Adobe Acrobat File)
Related Legislation and Local Jurisdictional Actions
Enrolled version of HB 1445 relating to subdivision regulations in Extraterritorial Jurisdiction (ETJ)
City of Austin-Travis County HB 1445 Interlocal Agreement
Enrolled version of HB 1204 relating to subdivision regulations in ETJ (Adobe Acrobat File)
First Amendment to HB 1445 Interlocal Agreement (Adobe Acrobat File)
Third Amendment to HB 1445 Interlocal Agreement (Adobe Acrobat File)
Travis County Code Amendments relating to subdivision regulations in ETJ adopted August 12, 2003 (Adobe Acrobat File)

© 2006 Real Estate Council of Austin, Inc. All Rights Reserved. Back to Top

CONSOLIDATED CITY/COUNTY SUBDIVISION REGULATIONS
CONSOLIDATED CITY/COUNTY SUBDIVISION REGULATIONS History Governor Rick Perry signed HB 1445 (77th Regular Session) into law on June 15, 2001. HB 1445, by Representative Bob Turner (D-Voss) and Senator Jeff Wentworth (R-San Antonio), required municipalities and counties to consolidate subdivision regulations in the extraterritorial jurisdiction of a municipality. HB 1445 mandated a consolidated review process and development regulations for the ETJ no later than April 1, 2002. RECA and other stakeholders participated in a series of meetings with City of Austin and Travis County officials in order to resolve code discrepancies per the requirements of this legislation. Periodically during the spring of 2003, Travis County Commissioners Court and Austin City Council passed code amendments per HB 1445. Due to slow progress in developing consolidated rules and regulations, Representative Todd Baxter (R-Austin) and Senator Jeff Wentworth (R-San Antonio) filed legislation (HB 1204) to amend and clarify provisions within the previously adopted HB 1445. Governor Perry signed HB 1204 (78th Regular Session) into law on June 20, 2003. HB 1204 requires that there be a single set of regulations for plats in the ETJ. It further provides that if a city and county have not reached agreement on the regulations by January 1, 2004, they are required to arbitrate the disputed issues. HB 1204 also requires municipalities to recognize the roadway plan of the metropolitan planning organization (MPO) for subdivision plans even if it is in conflict with a local roadway plan. In May 2003, the Travis County Commissioners Court and the Austin City Council adopted the First Amendment to the City of Austin - Travis County HB 1445 Interlocal Agreement. The First Amendment resolved and further clarified subdivision regulation issues related to the following: park land dedication, preliminary plan expiration dates, assigning responsibility to grant waivers and variances, natural and traditional character of waterways, sidewalks, private streets and gated communities, fees and inspections, regional stormwater management program, and a procedure for developing a single set of subdivision regulations for the two jurisdictions to jointly adopt. In October 2003, staff members from the City of Austin and Travis County developed and distributed a draft single set of subdivision regulations, a new Chapter 30 to be added to the Land Development Code. From October 2003 to December 2003, real estate stakeholders held meetings with the staff members to raise issues and propose resolutions to differences of opinion. The Austin City Council adopted an amended Chapter 30 on third and final reading at their December 11, 2003 meeting. The Travis County Commissioners Court also unanimously adopted the Chapter 30 code at their December 16, 2003 meeting. In January 2004, the Travis County Commissioners Court adopted a resolution stating that the County and the City of Austin are in compliance with HB 1445 and HB 1204 by their previous adoption of the Chapter 30 consolidated subdivision regulations. However, the County did not certify agreement with the City with respect to development review fees. The County engaged Deloitte and Touche to perform a subdivision fee audit to identify duplication of fees and services by the City and County and recommend an appropriate cost of service. In March 2004, Deloitte and Touche reported that reviewers from Travis County and the City of Austin duplicated efforts on portions of the subdivision review, specifically related to transportation and drainage issues. Based on those findings, the Travis County Commissioners Court proposed that the City of Austin exclusively review all aspects of a subdivision application in the near-term annexation areas. For all other areas in the ETJ, the County would review transportation and drainage issues and the City would review all other aspects, such as environmental and utility. In April 2004, the City of Austin offered a counterproposal that would distribute transportation and drainage reviews for subdivision applications in the ETJ by one of two ways: 1) the City would review in the near-term annexation areas and the 2-mile ETJ, and the County would review in all other areas of the ETJ; or 2) the City would review in the Drinking Water Protection Zone (DWPZ) and the County would review in the Desired Development Zone (DDZ). In May 2004, Travis County Judge Sam Biscoe, County Commissioner Gerald Daugherty, Mayor Pro Tem Jackie Goodman, and Council Member Daryl Slusher formed a joint City/County subcommittee to resolve these outstanding issues of duplicate fees and reviews. Responding to direction provided by the joint City/County subcommittee, staff members from the City of Austin and Travis County presented a proposal dividing review authority and charging fees based on function and geography. Under the proposal, the County staff would have authority for reviewing and setting fees for transportation and drainage functions. City staff would review and set fees for environmental, utilities, and inspection functions. Furthermore, County staff would review general plat requirements in the Desired Development Zone of the ETJ while City staff would review those requirements in the Drinking Water Protection Zone. For subdivision reviews in the City's near-term annexation area and Drinking Water Protection Zone, the City of Austin will appoint a case manager for the application review. For reviews in the Desired Development Zone in the City's extraterritorial jurisdiction, Travis County will appoint the case manager. Real estate stakeholders expressed concern regarding the staff proposal to shift the role of inspections to City staff, even for subdivision application items reviewed by County staff. In June 2004, members of the joint City/County subcommittee on subdivision regulations have agreed in principle on the distribution of authority and function for subdivision reviews. In October 2004, the Travis County Commissioners Court and Austin City Council both adopted the Third Amendment to their HB 1445 Interlocal Agreement. The amendment calls for division of review authority based on geography. For subdivision applications in the portion of the extraterritorial jurisdiction in the Drinking Water Protection Zone, the City will appoint the case manager. For applications in the Desired Development Zone, the County will appoint the case manager. The City has authority to inspect all subdivisions, regardless of location. Furthermore, the City and the County will annually prepare and publish a summary report of fees collected associated with subdivisions, such as parkland, transportation, and stormwater detention. On November 4, 2004, Austin City Council approved a revised fee schedule for the review of subdivision applications in the ETJ. Also, at their November 9, 2004 meeting, the Travis County Commissioners Court adopted an increased fee schedule for the costs associated with reviewing subdivision applications. As part of the Travis County adoption, three new positions have been created in the Transportation and Natural Resources Department effective April 1, 2005. Because of negotiations between the City and County in order to comply with HB 1445 and HB 1204, both jurisdictions revised their fees to reflect their new distribution of subdivision review and inspection authorities. The amended City of Austin fees will only affect subdivisions and subdivision construction plans located in Travis County; there will be no effect within the full purpose limits of the City or within counties other than Travis County. The Joint City/County Subcomittee has assigned City of Austin Neighborhood Planning and Zoning Department staff member, George Zapalac as the Supervisor for the single office for reviewing subdivision cases in the ETJ. Zapalac is responsible for presenting cases before both the City of Austin's Zoning & Platting Commission and the Travis County Commissioners Court. The single office is fully operational for subdivision cases, including construction plans for subdivisions, and is beginning the process to integrate site plan review into the single office process. July 2008 Update The City of Austin and Travis County are once again considering amendments to Title 30, the joint city-county subdivision ordinance. The City is offering an amendment that would change the way the Critical Water Quality Zone is measured along the Colorado River. Currently, the zone is completely within the river because the high water mark is measured from the center of the river. The City proposes measuring the high water mark from the edge of the river instead, which would increase the mark 200 to 400 feet and provide a Critical Water Quality zone along the river bank. City officials cite numerous reasons for this change including protecting recreational use of the river, water quality, and the physical and ecological integrity of the river and its bank. The County is also offering an amendment regarding public notice requirements. Current Title 30 requirements are a scaled-back version of how the City and County typically provide notice. The County proposes that the City adopt the same public notification requirements in the ETJ as it has within the city limits. Each amendment must be approved by the Austin City Council and Travis County Commissioner's Court before being enacted. The City's amendment has earned Council approval and will be before the Commissioners Court on August 5, 2008 for its consideration. The Court will also consider the proposed County amendment on August 5, and if it passes will be sent to the City Council. Resources Amended Fiscal Year 2004-2005 Watershed Protection and Development Review Department Fee Schedule (Adobe Acrobat File) Single Set of Regulations Chapter 30-1: General Provisions Adopted version (Adobe Acrobat File) Chapter 30-2: Subdivisions Requirements Adopted version (Adobe Acrobat File) Chapter 30-3: Transportation Adopted version (Adobe Acrobat File) Chapter 30-4: Drainage Adopted version (Adobe Acrobat File) Chapter 30-5: Environmental Adopted version (Adobe Acrobat File) Appendix Adopted version (Adobe Acrobat File) Related Legislation and Local Jurisdictional Actions Enrolled version of HB 1445 relating to subdivision regulations in Extraterritorial Jurisdiction (ETJ) City of Austin-Travis County HB 1445 Interlocal Agreement Enrolled version of HB 1204 relating to subdivision regulations in ETJ (Adobe Acrobat File) First Amendment to HB 1445 Interlocal Agreement (Adobe Acrobat File) Third Amendment to HB 1445 Interlocal Agreement (Adobe Acrobat File) Travis County Code Amendments relating to subdivision regulations in ETJ adopted August 12, 2003 (Adobe Acrobat File)

© 2006 Real Estate Council of Austin, Inc. All Rights Reserved.	Back to Top