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TxDOT Turnback ProgramOpportunities for Urban Thoroughfares
Scott Polikov, FAICP, JDLand Use ConferenceApril 28, 2016
512.784.3527
What is the TxDOT Turnback Program?
• Action‐ highway ownership transfer and removal from state highway system (“off system”) by Minute Order by Texas Transportation Commission
• Objective‐ transfer of control of state‐owned roads used primarily today for local traffic rather than state system connectivity
• Candidate roads‐ lower average daily traffic and benefiting local communities socially and economically
Polikov’s take on “benefiting socially and economically”
Turnback History
• 2013‐ TxDOT determined that 6,900 lane miles in 59 communities were no longer integral to the connectivity of state highway system
• 2014‐MOU executed by TxDOT, Texas Municipal League and Texas Association of MPOs establishing protocols for the Turnback Program
• 2015‐ Rider 42 of TxDOT Budget requires update to Legislative Budget Board (LBB) and Governor’s office on participation in Turnback Program by end of 2016
TxDOT/TML/TEMPO Memorandum of Understanding
• Cooperative Program based on voluntary participation
• Candidate roadways only those in “Satisfactory Condition” within boundaries of State’s 25 MPOs
• Turnback expenditures capped at $100 Million first‐come first‐served
TxDOT/TML/TEMPO Memorandum of Understanding
• Before Turnback current project in State Transportation Improvement Plan (STIP) or four‐year pavement preservation plan will be implemented
• Bridges on Turnback roadways will retain federal eligibility and remain on TxDOT’s two‐year inspection cycle; and bridges currently programmed for replacement in TxDOT’s four‐year plan will be completed at current participation levels
TxDOT/TML/TEMPO Memorandum of Understanding
• ROW property transferred at no cost to city
• Appropriate Conveyance mechanism based on type of title held by State
• Adequate delineation or survey of ROW must be legally sufficient to convey title
• Title by deed per Section 202.021(e)(1) of the Texas Transportation Code, providing authority to transfer title in consideration of savings of future maintenance costs
Program Tips
• New survey not required if previous survey reflects a precise delineation of ROW to be transferred
• Quitclaim deed sufficient for State to disclaim unrecorded and un‐delineated rights to clear title
• If no State ownership only removal from state highway system required for Turnback per Sections 201.103 and 221.001 of Texas Transportation Code
Program Tips
• Original program anticipated “compensation” to City for taking responsibility of roadway based on one year’s worth of maintenance cost (flexible standard for negotiation)
• City should confirm with TxDOT and MPO whether roadway accepted for Turnback retains federal eligibility for funding, primarily focusing on the nature of the design standards utilized if roadway redesigned into a functioning city street (Irving Blvd. Case Study)
Case Study—Irving Boulevard/Second Ave (SH 356)Downtown Irving Redevelopment Initiative
Initiation of Turnback Establish candidacy through negotiation and then request Turnback
Initiation of Turnback Establish candidacy through negotiation and then request Turnback
Initiation of Turnback Establish exact limits for Turnback
Reinventing a State Highway CorridorDowntown Irving TOD (Heritage Crossing)
Reinventing a State Highway CorridorDowntown Irving TOD (Heritage Crossing)
30% Design Concept Design Coordination with TxDOT Pre‐Turnback
• Lane reduction
• Cycle Track
• TOD Access
• Not FHWA Compliant
Setting stage for downtown redevelopmentDesign alignment inside and outside the ROW lines
Complementary StrategiesHarnessing the Turnback
• Restructure Tax Increment (TIF) Finance and Project Plans
• Form‐Based Rezoning of downtown anchored by Irving Blvd.
www.gatewayplanning.com