Planning CommissionJune 25, 2024

17 City of Austin - Eanes ISD Land Development Standards Agreement; Districts 8 & 10 — original pdf

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M E M O R A N D U M Claire E. Hempel, Planning Commission Chair Planning Commissioners TO: FROM: Keith W. Mars, Assistant Director, Development Services Department DATE: June 25, 2024 SUBJECT: Lapsed Land Development Standards Interlocal Agreement – Eanes ISD Chair Hempel, On June 25, 2024, the Planning Commission will conduct a public hearing and consider adopting a lapsed Land Development Standards Interlocal Agreement (ILA) between the City of Austin (COA) and the Eanes Independent School District (EISD). The ILA addresses the development regulations applicable to EISD educational facilities. Texas Local Government Code section 212.902 allows school districts and municipalities to enter interlocal agreements that provide for district specific development standards. The City of Austin executed the first Interlocal Agreement with EISD in 1994. That Agreement inadvertently expired in 2021. In accordance with City Code, the Planning Commission and Council are required to conduct a public hearing and act on adopting this lapsed ILA. Approval of the lapsed ILA is critical to EISD overall development timeline, as delays can materially impact delivery timelines and budgets associated with the school projects in development review. COA and EISD staff are in full support of the proposal and recommend approval. We ask that the Planning Commission provide Council with recommendations and act on June 25. The ILA is scheduled for Council public hearing and action on July 18. Including the EISD ILA, there are three ILAs that inadvertently expired in 2021 that have not been re-adopted. Staff have contacted the ISDs and two indicated a request for re-adoption. Should you have any questions, please contact Keith Mars, Assistant Director with the Development Services Department. He can be reached at (512) 466-4598 or email at keith.mars@austintexas.gov. LAND DEVELOPMENT AGREEMENT WHEREAS, the City of Austin through its ordinances and regulations maintains land use controls, site development regulations, and water quality controls for the protection of the public health, safety and welfare of the people of the City of Austin and for the preservation of water quality as required by the State and Federal governments; WHEREAS, Eanes Independent School District is a political subdivision of the State of Texas charged with the education of children which has its own funding source and elected governing body separate from the City of Austin; WHEREAS, independe nt public school districts must meet certain construction standards and occupancy deadlines due to state mandated educational facility requirements and public fiduciary obligations; WHEREAS, the City of Austin and the Eanes Independent School District desire to establish mutually acceptable land development standards and procedures for the construction of Educational Facilities which will provide predictability and reduced costs and still protect the public health, safety and welfare. NOW THEREFORE, in consideration of the mutual covenants contained herein and pursuant to Section 212.902 of the Texas Local Government Code, the City of Austin ("City") and the Eanes Independent School District ("the School District') hereby agree that the future construction and expansion of Educational Facilities within the regulatory jurisdiction of the City shall be in accordance with the objectives, standards and procedures set forth in this Agreement.