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Project Connect Foundational Ordinance and Regulations October 11, 2022 Planning Commission Project Connect Overview 2 Project Connect: Program Components 33 Integrated Program Delivery 4 Project Connect in Progress MetroRapid Expansion, Red Line Improvements, Pickup Service Expansion • Summer 2021: Three new Circulator Pickup Zones • • • • • December 2021: MetroRapid Expo Center Groundbreaking February 2022: MetroRapid Pleasant Valley Groundbreaking July 2022: Red Line McKalla Station Groundbreaking August 2022: MetroBike Program incorporated into CapMetro Summer 2023: Target for new MetroRapid in Service • All-electric, Zero emission buses, Solar where possible To help protect your privacy, PowerPoint has blocked automatic download of this picture. Recently completed North Operations Electric Bus Yard 5 Light Rail Project Development Process Project Development Engineering Construction Revenue Service Entry into Engineering Grant Agreement Note: Project Development includes Preliminary Engineering 6 Light Rail Project Cost Considerations COST BASIS ASSUMPTIONS Original cost estimates (2019-2020) were based on 5% design and peer transit system comparison data 2022: costs have increased significantly (up to 70%-80%), due to the following drivers: Right-of-way and real estate prices (Austin market) Inflation, labor shortage, and anticipated supply chain barriers Program scope changes as a result of community input and technical requirements (e.g. Tunnel length increase from 1.5 to 4 miles) NEXT STEPS • NEED TO ALIGN PROGRAM SCOPE AND SEQUENCING TO • Community input will be essential to defining project scope, AVAILABLE FUNDING phasing and next steps. Tax increment rate will not be increased to cover ongoing program costs Federal Environmental Review Process The National Environmental Policy Act (NEPA) process requires federal agencies to: • Assess the potential impacts of their actions on the human and natural environment • Avoid, minimize or mitigate adverse effects where reasonably feasible • Where impacts are identified, mitigation strategies are defined, and could include items such as maintaining property access, tree relocation, or noise monitoring during construction • Inform the public that environmental concerns were considered in their decision-making process 8 Cultural Environment Historic and Archeological Park and Recreation Visual and Aesthetic Physical and Natural Environment Air Quality Water Quality Noise and Vibration Trees Human Environment Environmental Justice Neighborhood & Community Foundational Ordinance 9 Project Connect is Unique and Complex • A project of this type and magnitude has never been built in our city. • Existing code and criteria focused on vertical, site- specific development, not miles of linear rail • Most complex retrofitting of existing Right-of-Way the city has ever undertaken • Once in a generation program • Environmental benefits including climate equity plan goals • Support ASMP mode shift goals • Health and safety improvements • Transforming transit network • Connecting communities 10 10 Regulations and Permitting Create Obstacles and Increase Costs • 2021 ENO Report – local regulations and permitting in US is one obstacle to viable cost-effective rail • Project Connect size, scope and timeline will require greater flexibility and tailored regulations • Successful rail construction has benefited from modified regulations and review procedures • Opportunity to be proactive, address obstacles where code is silent on how to do this 11 Council Directed Staff to Review City Code, Criteria and Regulations • October 29th, 2021– City Council passed Resolution #202111029- 003 • The Austin Strategic Mobility Plan (ASMP), voter approval of Project Connect, and the ENO report findings drove the need for this review and ordinance initiation. • Resolution Directs staff to: “Review City Code, including LDC, Criteria Manuals and permitting procedures to identify impediments to design, construction, implementation and operation of Project Connect.” • The proposed amendments in this ordinance address needs we know about today that will benefit the project as it proceeds. 12 Components of This Ordinance 1. Structure for Transit System Project (TSP) Regulations 2. TSP Construction Noise and Mitigation Plan Requirements 3. Adjustments to Permitting Process 4. Transit System Uses 5. Fiscal Exemption Outside the ROW 13 Part 1: Structure and Transit System Project 1. Structure for Transit System Project Regulations Ordinance Structure Freestanding ordinance that will house regulations targeted for Transit System Projects. New Definition Transit System Project A transportation project generally depicted on Exhibit A (the Project Connect System Map) with any related appurtenances, including but not limited to a rail and public transit line, rail station, or a transportation terminal, funded by a public entity. City of Austin Code "Transit System Project" Ordinance (amendments specific to “Transit System Project”) 14 Part 2: Noise Policy 2. TSP Construction Noise and Mitigation Plan Requirements • As part of the National Environmental Project Act (NEPA) process, ATP will have to identify mitigations for construction noise and these mitigations are binding. • The public will review mitigations when the Draft Environmental Impact Statement is released. • Regular monitoring during construction will be required • Current code does not require monitoring until noise escalation process is initiated after verified complaints • FTA has additional best practice recommendations that the City will require as part of their Noise Policy. 15 ATP Noise Policy Requirements 2. TSP Construction Noise and Mitigation Plan Requirements Submission of three plan components for review and approval: Noise Mitigation and Monitoring Plan • Documents mitigation commitments identified through NEPA environmental process • Submitted to FTA • Mitigation commitments are binding Contractor-specific Noise Control Plan Requirements • ATP will submit their requirements for contractor-specific Noise Control Plans that addresses mitigation for their specific equipment and methods of construction Programmatic Project Communication Plan • Procedures for:  Dedicated webpage  Posting information  Public Notification  Noise complaints  Posting periodic monitoring information 16 Part 3: Permitting Adjustments 3. Adjustments to Permitting Process • The Land Development Code (Chapter 25-5) provides for existing Fast Track and Phased Engineering Site Plan processes, but some adjustments are needed to accommodate the project. • We are proposing minor changes to Fast Track, Phased Engineering and other site plan provisions: o The inclusion of a building is not a pre-requisite for entering the Fast Track process o Variances can be processed at the phase level within the Fast Track process o Allowing additional phases in Phased Engineering or Fast Track site plans to be added as updates, not revisions o Site plans have a 10-year life 17 17 Part 4: Clarification of Uses 4. Transit System Uses • The LDC defines certain broad use categories and lists examples of the types of uses that fall into the broad categories. • Because this is our first light rail project, there is equipment the City has not previously seen; therefore, we want to define the use in this ordinance. 18 Part 4: Clarification of Uses 4. Transit System Uses Local Utility Service use includes: Traction-Powered Substations (TPSS) A Local Utility Service is the use of a site for the provision of services that are necessary to support the development in the area and involve only minor structures including lines and poles. 19 Part 4: Clarification of Uses 4. Transit System Uses Maintenance and Service Facilities use includes: a light rail maintenance facility Maintenance and Service Facilities is the use of a site for the provision of maintenance, repair, vehicular or equipment servicing, material storage, or similar activities, and includes equipment service centers and similar uses having characteristics of commercial services, contracting, or industrial activities. Sound Transit, Operations & Maintenance Facility East - Bellevue, WA 20 Part 5: Fiscal Exemption 5. Fiscal Exemption Outside the ROW • The Corridor Program Office (CPO) ordinance approved in May 2022 exempted Public Mobility Projects inside the Right- of-Way (ROW) from the requirement to post fiscal surety. • This ordinance expands the fiscal exemption to Transit System Projects outside of the ROW such as a Park and Ride. 21 City of Austin Boards & Commissions – Project Connect Roles • Fulfill regulatory requirements: • Subject specific ordinances & code updates • Commission level variances or other approvals needed for permitting / project delivery • Subject specific presentations to subject- relevant commissions (e.g. NEPA to Environmental Commission) • Regular program updates on an annual basis 22 Thanks for joining us. Visit ProjectConnect.com for more information.