20260603-002, Technical Advisory Review Panel (TARP) Overview Presentation — original pdf

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Technical Advisory Review Panel (TARP) Overview Brydan Summers Land Development Rules Administrator Austin Development Services What are Administrative Rules? The difference between City Code and Administrative Rules  City Code  Adopted by Council, authorized by the City Charter  Encompasses all ordinances, regulations, and the Land Development Code (LDC)  Zoning  Site Plans/Subdivisions  Environmental Protections  Administrative Rules  Drainage Requirements  Transportation Requirements  Utilities  Adopted by departments to administer, enforce, or comply with the Code 2 The Authority to Adopt Rules  In 1992, City Council adopted Chapter 1-2 of City Code authorizing departments to develop rules  Ord. 031106-11; Ord. 031211-11  “This chapter applies to a department with administrative duties under the Code, an ordinance, or another law.”  “A department may adopt rules to implement, administer, enforce or comply with the Code, and ordinance or another law for which the department is responsible.” 3 List of Administrative Criteria Manuals  Building Criteria Manual  Drainage Criteria Manual  Environmental Criteria Manual  Fire Protection Manual  Standard Specifications Manual  Standards Manual  Transportation Criteria Manual  Utilities Criteria Manual 4 Rules Adoption Process 1 3 2 Rules Adoption Process Interdepartmental Review Phase 1- Two-week period Phase 2- Technical Advisory Review Panel Phase 3- Notice of Proposed Rule: Must be after the public comment period but no later than 70 days after the Notice of Proposed Rule Phase 4- Notice of Rule Adoption: - Public comments open for 31 days - All comments must receive a written department response Phase 5- Appeal Process: - A person may submit a written appeal to the adoption of the rule - The City Manager may affirm, amend or withdraw the appealed rule. If the City Manager does not act within 60 days, the rule is withdrawn Phase 6- Publication: The rule is posted on Municode The Technical Advisory Review Panel (TARP) 7 Administrative Rules and TARP Background  Criteria Manuals are essential to implement the LDC, but rules have the potential to complicate the development process  Common concerns about rules adopted by COA departments:  Creates conflicts and inconsistencies  Some rules are unnecessary to implement the LDC  Drives up costs of development, including housing  There has been limited opportunity for stakeholder engagement on rule development 8 TARP Development  In response to concerns regarding criteria manuals, Council:  Approved creation of a citywide Land Development Rules Administrator (LDRA) in 2022; and  Directed the City Manager to establish a Technical Advisory Review Panel (TARP) in 2023 to provide regular input and recommendations on criteria manuals  The City Manager has formalized the roles and expectations of departments to modify the rule making process and implement the TARP 9 Council Direction • “The TARP should be composed of: o City Staff from all departments relevant to creating, editing, and updating technical criteria manuals and o Housing and Development Industry professionals, including representatives of home builders, including affordable housing and infill developers, as well as contractors, engineers, and architects.” 10 Council Direction “The role of the TARP should include:  Reviewing the City’s technical criteria manuals, with the goal of:  Identifying the most challenging issues… in implementing criteria manuals  Providing recommendations for improving criteria manuals and the process for adopting and amending criteria manuals  Ensuring opportunities for public input and consultation… timed to maximizing opportunities to consider the TARP’s recommendations before beginning the (adoption) process…” 11 Council Direction “The (TARP) process should provide for: • Soliciting recommendations from the TARP to better align criteria manuals with existing City Council policies, City housing goals, and industry best practices, as well as the needs of individual departments and the protection of public health and safety; • Minimizing cross-departmental conflicts and redundancies; • Establishing a process for conflict resolution; • Documenting the costs, timeline, and housing capacity implications to City staff and the development community of the implementation and enforcement of new rules; • Identifying opportunities to clarify conflicts and redundancies in the LDC to simply and clarify application of new rules” 12 Rules Screening Standards • Land Development Code Authority • Health and Safety • Impacts on Development Potential • Impacts on Housing Capacity • Conflicts and Redundancies • Best Practices • Cost Estimates Rules will be examined using a screening standards worksheet 13 TARP Roles and Responsibilities 14 Roles and Responsibilities The Land Development Rules Administrator (LDRA) • Develop a culture of collaboration & compromise between City departments and stakeholders • Facilitate the TARP process, including managing the TARP roster, selecting items for discussion, and publishing TARP documents • Develop reports and recommendations based off the TARP’s work 15 Roles and Responsibilities City of Austin TARP Panelists • Propose changes to criteria manual rules • Represent the interests of their department during TARP meetings • Serve as technical experts Development Stakeholder TARP Panelists • Raise concerns about criteria manual rules • Represent the interests of their professions during TARP meetings • Serve as technical experts 16 The TARP Framework 17 TARP Structure Monthly Meetings • Agenda set by LDRA with panelist’s input • Agenda topics to be grouped by subject area • Two categories of rules are reviewed • Proposed rule changes • Established rules • Discussions should raise key issues • Consensus is the goal, when possible The TARP is not a “governmental body” subject to Texas Open Meetings Act 18 TARP Meetings • The LDRA will prepare a summary of the chosen topic including: • The administrative rule language • Interdepartmental review comments • Feedback/comments from TARP panelists • Rule screening standards analysis Time for each topic will be limited. Rules may be reviewed over more than one TARP meeting when needed. 19 TARP’s Review of Environmental Rules 20 TARP reviewed rules related to environmental regulations: • ECM 1.6 – Allowed rainwater harvesting to support Water Forward requirements • ECM 1.3 – Administrative update to support 2022 Environmental Code updates • ECM 1.6 & Standards Item 661-2– Disallowed use of clay liners and specified geomembrane liners • ECM 2 and Appendices – Aligns the manual with Code changes • ECM 3 – Provided clarity on regulated trees, surveys, and priority species • ECM 1.6.2 – Modified retention irrigation requirements for the Barton Springs Zone 21 Thank You!