Travis County Commissioners Court
November 21, 2006
Item 8
8. Consider and take appropriate action on the following: a. Chapter 82 of the Travis County code relating to conservation developments; and b. Conservation development design manual. Did we last time commit to a follow-up discussion, then a public hearing?
>> I would recommend that we set the public hearing for the December 12th session of court, with the eye towards adopting both the code and the manual on the 19th. The -- the manual itself is -- is relatively new. What I thought that we would do today is kind of step through what the manual contain, get some direction from the court of getting public input on the manual itself.
>> okay.
>> tom has -- has worked diligently to develop the code based on the layman's version put together by joe lisard, I think he's made great progress in that regard. Probably needs slightly more tweaking. Tom can speak for himself there. I think that document looks like it's pretty near ready to go. So ... Let's go ahead and lay out the manual.
>> john kuhl, environmental officer. To go back, last time we met was October 19th. Three directives cod flying the ordinance. We just discussed that, tom has got that. Finalizing the development conservation design development manual and standards document here, which I will go over in a second. Then also you sort of gave us a blessing to continue on working with the test case. So today you are going to go through the manual, also let you know that working with that landowner is progressing nicely. Collecting data on that aspect as well. So now to the -- to the conservation development design manual. I -- I had given you guys kind of late in the game on Friday a -- a very brief summary of that. Should be a memo that you have in your backup there that goes through the 10 sections very briefly. Right now you are talking about a manual that's a little bit less than 50 pages. If anything we hope to shave that by getting -- getting more concise with the language in that. So -- so I hope that you are not too concerned that it's too dense. But to get through some of these concepts and specifications you have got to get into some detail. So moving through the sections, the basic premise of the conservation design development is that you -- you design around the assets, the ecological assets, be they cultural resources or ecological resources that are actually on the land. So the first section speaks to what the ecological assessment and the conceptual land plan that goes along with that should consist of, what it should have in it. So -- so that's basically where we do that is right at the beginning. And -- and moving on into the second section, we -- we get into quite a bit of detail on -- on roadway and driveway design standards. I think if ana or joe will correct me if I'm wrong, but that is basically a restatement at this present stage of the draft anyway, a restatement of what our existing specifications are, with -- with a tayloring to the -- to the conservation development. That -- that may change. We will see. And then moving on to section 3, we get into standards and criteria for ecological asset management plan. What's that? It's kind of a fancy way of saying a land management plan in our opinion. We have felt like what we wanted to do with -- with the landowner and/or developer is to -- to consistently have a -- have a frame of reference for them that -- that these are not just canyon rim rocks, these are not just, you know, native prairie years or whatever, but ecological assets that have a value, we want to not only have protected but featured in this process, you know, in a drawing card for that development. So we moved through the -- what the standards and criteria are for -- for those sets of plans and how you protect the resources, what we suggest as being the highest priorities county-wide to be featured in these -- in these developments. Now, just so you know, most folks that are coming in with this type of a development have -- have some acreage, obviously, either operating in most cases under a -- under an agricultural exemption or a wildlife exemption. Our -- you know our thought here is that they will continue to do that. So -- so if they have got, you know, a featured agricultural set of assets, then they will function under the agricultural management plan specifications and guidelines that are already in place through the appraisal district and so in general we -- we kick them to those types of documents and -- and sets of guidelines rather than reinventing the wheel. So -- so you will see that referenced in the body of the document and in -- the same goes for the wildlife exemptions. There are basically two broad regions within Travis County on the east side it's the post oak, savannah black land prairie that they provide specific guidelines on how the land management plans should look like for a wildlife exemption. On the west side generally i-35 you get into the edward's plateau, the hill country type of setting and there's a -- there's a different set of specifications and guidelines for that land management. So these are referenced in the document as well. What we add -- in -- in the body of the document that's different from that is just a bit more additive, more focused on the Travis County. We certainly do not want them to conflict. Moving on into section 4. That's a section fairly legal in nature, where, you know, we have got -- guidance that -- you know, relating to the property owners association requirements, homeowners association requirements, covenants, conditions, restrictions, that will speak to what the limitations are of not only the conservation space, but the development space and how -- how all of that is going to work together? Moving into section 5, pretty straightforward. Landscape conservation requirements. Parted of those are mandatory, part of those are suggested. Focusing upon native and naturalized landscape plants. If they do use the irrigation, then they have got to, you know, have dem stateable water conservation requirements in there and so forth. There's also a section that touches upon integrated pest management that minimizes the use of chemicals and that type of a thing.
>> moving on to section 6, this is -- this is probably the least completed -- of the sections that -- that we would expect at this time. For you to be looking at and that -- that speaks to the preferred commercial development areas and authorized reserve uses. As you may recall, during the southwest Travis County growth dialogue, there was a special discussion and -- in that part of our community about -- about where folks would anticipate commercial development occurring reasonably and -- and sort of willfully and -- and so that -- that is in there right now. There is a certain amount of definition in that section. However, that type of a conservation hasn't happened yet in the northeastern part of the county, that's to be determined. There's a space holder there for that. Moving on -- there will be a section where we once we get a couple of these done, we will actually have an insert for -- for them for folks to look at perspective folks that will come in under this to look at us as examples and suggested text for those sections. So that's again a place holder for -- for example when we get our test case done, we will -- we will put those in there as -- as guideline documents. And lastly, there's just a -- there's just a discussion of dark sky lighting. It has to do primarily with lighting recommendations that -- that shield glare and -- and essentially give the best night sky capabilities in these types of -- of subdivisions. So that's where we are right now. You know, our primary goal today was to just lay this out to you. Give you the -- give you the document as it is right now. I can tell you that -- that is sort of vintage last Wednesday. We just stopped showing edit at that point. But we kept working. In fact Friday there were a number of meetings where -- you know, where a lot of edits were still being discussed. So -- so we are certainly not here to tell you that we want you to sign-off on this as a final product. But just to tell you that it's substantially fleshed out, here for you to kind of give us a -- preliminary comments on it. What we thought we would do is get those from you, take what we have got already worked up in terms of edit, make one big pass and then bring it back and let it go out to the public at that time.
>> joe, irm I received some faxed information from some of the concerns I guess from -- from black land prairie folks over there. I just want to make sure whatever we are doing, I know that you are going to do this as far as making sure that we get all of the necessary input from all quad drants of the county. Quadrants of the county, I know I end up faxing some of that information back to joe. And so I guess I just wants to make sure that -- that actually takes place as we go through this process and make sure that all of this is introduced for those stakeholders and those persons that actually will be impacted by what we are doing here. I just want to make sure that they are all enveloped in the process.
>> yes, sir. I believe we certainly listen closely to -- to the comments during the ordinance. Comment phase. And I know joe and -- the joes met with them, have -- have considered all of those comments and we welcome them again. When we get to this next draft, you know, have at it, let us know what we missed, if we have, but we are certainly intending to capture all of those as well.
>> okie-doke.
>> we will actually go out in a -- in a process just like we did on the -- on the draft ordinance of -- of pulling together various stakeholder groups, silt sittingdown with them, going ovr the manual, soliciting comments. It will be an active process of engaging the community in the manual.
>> speaking of closure, I really -- we have been working on this seems like since the jurassic era. I'm -- I would really like for us to get this resolved by the end of this calendar year. And so my question is if we talk about a public hearing on the 12th and an action on the 19th, if it slips a week, that starts getting into cranky territory as far as I'm concerned. And do we need to push it back? I want to just make sure has there is sufficient time -- that there is sufficient time by the end of this calendar year, as you lay out in this memo we can have mission accomplished and actually mean it. Where are we in terms of this -- I consider this to be a living document, which basically says this is not the, you know, it's meant to be changed and to evolve and certainly when we want to get it adopted so we can have that first subdivision I guess the peacock property? Gerald?
>> we could --
>> get going and then if we need to make tweaks that's left for a future court to work on. Let's get this thing done.
>> we do have thanksgiving this week and then the 5th would be the following -- we would have a week between thanksgiving and the 5th. We could set up meetings that week of the 5th, the 27th through the 1st of -- of December. Perhaps have a -- maybe a -- two bites at the apple on the 5th and then again on the 12th. That would at least ramp up to a final adoption on the 19th.
>> that's what I'm trying to --
>> we will probably need to accommodate some additional meetings on the week of the fourth. Just because of thanksgiving.
>> absolutely.
>> we need all -- the full two weeks to get to everybody.
>> get started seevment if there are some -- see if there are some folks that can be dealt with in terms of stakeholder. I like the idea of two bites at the apple with the intention that this would be resolved on the 19th. Sounds lovely.
>> joe, somewhere we have the fiscal requirements on Travis County under the proposed ordinance. Let me make sure that I understand them.
>> well, again that's -- that's a whole set of -- that's a -- we basically set that out as a separate program of -- of incentives. If not hardwired right now, it would be -- it would be basically a program that the court basically has to set the parameters on that. We -- we made some recommendations to the court. You haven't really acted on what that incentives might include. So somewhere along the line, now on the 19th, if there is going to be an incentive program, we will need to put some policy to that.
>> so here there is none.
>> we have only what we originally recommended without any action on the part of the court. You do still have the fee waivers and some of the things that we mentioned. But I think the biggest question is beyond those, are there any payments to be made by the county to -- to landowners who participate in this agreement.
>> but you are talking about the 250 -- 250 an acre per year and the $1,500 one-time per acre -- those are the two money things, judge, aren't you probably talking about those two? Because those are the two money -- money fiscal things that we talked about, right, jo elle?
>>
>> [laughter]
>> what else --
>> the incentive program, if you have a copy of the ordinance, is on page 19, 20, and following. 21, 22 speaks to the annual payments.
>> there -- they are in the ordinance as proposed in joe lissard's conceptual draft. But I will point out the payment incentives, the incentives where the county would be paying money, are all totally discretionary with the court. You can choose to give any -- give any applicant incentives, you can choose not to give any incentives.
>> where are those incentives?
>> that is -- it starts on page 21, section 8 2.235. 236, 237, 238, 239.
>> I don't know that I have those in my proposed ordinance or the manual.
>> they are not here.
>> 21, 22 and 23.
>> depends on if we are looking at -- at the red lined version or not. Because they all are different.
>> that would be tom's code section that he's referring to.
>> okay.
>> do you have -- do you have that in your backup? I guess the fundamental question, what we are looking at is chapter 82, subchapter a, it is the actual code that is -- has been drafted by the county attorney's office.
>> I did not send that to you, so -- so it would have had to have come from --
>>
>> [indiscernible]
>> I have one of each of everything else, but I don't have that.
>> no. All right.
>> but -- but
>> [indiscernible] pleased, it would help me to know either the number of different pages of one document or if they are in separate documents, just the relative pages that goes to the incentives, fiscal impact provision there's are, I would like to see those.
>> from this point forward, we need to be addressing the code as it has been drafted by the county attorney's office. So just -- just everything else that you have had up to this point, this -- this new document is really the only relevant piece of code that you should be focused on. Within that document, it's page 21 and following. And we will make sure that all of the court members get a copy of that.
>> so does the new document have a date or -- or words that indicate final draft?
>> it is -- it is at the very header, it says chapter 82, subchapter a. Sound like you may not have copies of it. I'm sorry, what you probably have are the laymen's versions that are drafted by joe lissard, t.n.r. Staff, we need to get you the legal document.
>> I think so.
>> typewritten, handwritten, pig latin, your option, of where the -- where the financial provisions may be located.
>> if we had this public hearing, there ought to be just one document for dissemination. Either a summary or the whole document. If a resident wants to see it, they give them the ordinance plus the manual? Or give them one of those but what.
>> look at both of them. Go hand in glove. Post both of those on the website. There will be the latest versions of both.
>> okay.
>> it will be the code as written by the county attorney's office, the manual as we have currently drafted it. So --
>> the summary remains the same.
>> what you have is the summary of the design manual that -- that john put together. Right.
>> right. So we probably need a code summary as well, and at that end of that summary would be the fiscal component.
>> so are we heading towards, as I'm hearing it, please correct me if I'm wrong, two hearings or at least two agenda items related to hearing or official or unofficial on the 5th and the 12th with the intention that we would act on the 19th?
>> that sounds like a doable time table.
>> in the meantime, you will have multiple opportunities to start meeting with stakeholders in advance of both of those opportunities. For folks to -- to be able to get their last word in.
>> right.
>> on this.
>>
>> okay. Anything else today?
>> move that we schedule the public hearing on this. On -- on December 12th.
>> second.
>> I will have an agenda item on the 5th as well just for -- for public comment if there are any.
>> that works.
>> post the formal public hearing on the 12th.
>> the 12th is a very productive day.
>> if we don't see
>> [indiscernible] set the public hearing for December 5th. I don't know that it makes sense to me to -- to have an informal public hearing and then have a formal one a week later.
>> I'm just a little concerned --
>> people have not been coming down here in droves --
>> except for the manual, this is a new development that no one has seen. So if we have a public hearing only on the 5th, that only leaves them a week to get a view of it. You know typically people won't get in there in the middle of the holiday season, so I'm not sure. I would like to be out there for two weeks before we have the public hearing.
>> the 5th may well big a big day for other items. I will be here, but at the same time -- if you expect people to come down, I -- I would post a public hearing.
>> I can post it for both days.
>> we can post it for the 5th and the 12th. There's no --
>>
>> [indiscernible]
>> okay. Anything else today? The county judge receives a general request from staff and the court. You will be guided by that. Anything else on this item today?y? We will have it back on in the future based on agenda requests.
>> judge, what about --
>> [indiscernible]
>> [inaudible - no mic]
>> not voting on that?
>> mexico made --
>>
>> [multiple voices]
>> I didn't know there was a motion --
>> I seconded it. Do you want to rew draw it, leave -- withdraw it leave it as direction.
>> what was it? It may have been an excellent motion.
>> it was to have a public hearing on the 12th.
>> the original one was the 12th.
>> that's right. If there's a tight dead line, I have something on on the fifth. If you get -- it's not likely there are hundreds of people out there waiting on the opportunity to provide input. I don't know that we need two public hearings. And I would just schedule it for December 5th and assume that those interested would come. And without a formal public hearing on the 12th, if we invite additional input. We can deliver a regular item on the 12th. So --
>> I like that, judge.
>> my preference would be the public hearing on the fifth.
>> on the fifth, okay.
>> posted that way, hopefully those interested will come for that input. Plus it's earlier, give us much greater opportunity to act this year if we need to.
>> yes.
>> do we need to vote on that?
>> if there's no objection, we will just do it. Okay?
>> okay.
>> so we will note --
>> hearing on the fifth.
>> I do think we ought to be concerned about what we are giving the public. I mean that's --
>> this stuff needs to be cleaned up and get out there.
>> we need to give them the same thing.
>> people can look at --
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Last Modified:
Wednesday, November 22, 2006 10:29 AM