Council approves development changes as required by state law

With several new state laws going into effect on Friday, Sept. 1, Austin City Council approved some significant changes to the rules governing the city’s Development Services Department this past Thursday. Most of those changes are aimed at making it easier for developers to get through the city’s often lengthy development review process.

The city has posted a web page to explain the changes with this note: “We are working through the impacts these new bills have on our processes and appreciate your understanding during this transition.”

In addition, the department promises to host a “virtual stakeholder meeting to share more information about changes to our subdivision application process and answer any questions.”

Applicants have long complained about delays in review and inspections related to preliminary plans, site plans and building permits, among other things.

One important piece of legislation that took effect last week was House Bill 3699, which was intended to make the review process easier and more predictable. Although the Texas Municipal League strongly opposed the bill, it won approval in both houses and was signed by the governor. Sen. Sarah Eckhardt, D-Austin, and Sen. Roland Gutierrez, D-San Antonio, voted against the legislation in committee.

According to the municipal league’s letter, “This legislation poses serious threats to the integrity of the plat approval process, the efficiency and safety of local road networks, and the adaptability and diversity of road design in Texas. By prioritizing landowner interests over community needs and narrowing the scope of land-use protections, this bill undermines the essential role cities play in fostering functional, connected, and aesthetically pleasing communities.”

The Austin Monitor asked the Home Builders Association of Greater Austin for their opinion on a variety of legislation. HBA CEO Taylor Jackson said HB 3699 “limits the city’s ability to require documents that are out of their purview and requires the city to directly communicate what it expects from an applicant.”

“The law will reduce the review cycles that are occurring and improve the chances of an applicant getting it right on the first try. The intention is to make the process more predictable, saving valuable time and resources of city staff and builders. We look forward to working with city staff to improve outcomes for all parties involved,” said Jackson.

The Texas Municipal League was specifically concerned that the cities would no longer be able to regulate a variety of topics not mentioned in the state law. They speculated that litigators would likely be eager to resolve such issues in court.

The city’s website notes that HB 14 “allows applicants to seek a third-party review or inspection if the City fails to act on an application or conduct an inspection within 15 days of a state-mandated deadline. This applies to all development documents, which include preliminary plans, final plats, site plans, certain license agreements, and building permits.” But the exact implementation of the code change remains murky.

Jackson told the Austin Monitor: “If the city is unable to act on an application or conduct an inspection within 15 days of state law, a builder is now afforded the ability to seek a third-party review or inspection. This will help keep the process moving forward when logjams occur. It allows the city to adjust to the ebbs and flows of the market.”

Finally, all preliminary plan and plat applications, which previously have been considered for approval by the Zoning and Platting Commission, the Planning Commission or the Travis County Commissioners Court will now be processed administratively, with some exceptions.

The Monitor asked Jackson how much these new regulations were likely to speed up the development review process. She responded, “No single policy change will be the silver bullet for housing, but these changes will help Austin dig itself out of our longstanding housing crisis. These bills, paired with the work of today’s City Council, gets us one step closer each day and will help move housing forward.”

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