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Hays Common sense

Advocating for the annexation of 498 acres into the City of Austin to create a community that balances environmental and housing policy.

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557

Homesites

1,750

Residents

215 acres

Conservation

295 acres

Parks and Open Spaces

Hays Commons is a proposed 498-acre mixed-use project developed by MileStone Community Builders; Austin’s largest privately held homebuilder.

Located at the corner of FM-1626 and SH-45, the project site is in both Travis and Hays counties, with a portion of the land residing in the City of Austin’s Extraterritorial Jurisdiction (ETJ). Once completed, Hays Commons will include approximately 557 residential homesites, 10 acres of neighborhood commercial, and vast parks and open spaces.

This live, work, play environment will bring together single family residential homesites, parks and open spaces, community amenities and commercial space that approximately 1,750 residents will call home. The site offers efficient transportation options to SH-45 and FM-1626 and access to Austin and Hays Independent School Districts.

The project will also create nearly 295 acres of parks and open space that includes a 215-acre conservation easement for generational land preservation, 61 acres of community open space, 16 acres of publicly accessible parks, and three miles of public trails that will serve as critical connectors to the regional trail system, including the Violet Crown Trail.

Hays Commons will deliver much needed housing to a critical growth corridor in Southwest Austin. The project site is uniquely located and has several jurisdictional and regulatory options to pursue for development. In a current environment where developments are actively disannexing and choosing alternative regulatory frameworks, Hays Commons is intentionally pursuing a partnership with the City of Austin to expand jurisdiction and have a meaningful impact on the project’s design and development standards.

  • Live
  • Work
  • Play

About Hays Commons

Explore the Commonsense Path
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  • The Path to Hays Commons

City of Austin Partnership

Collaboration with the City of Austin is the commonsense outcome that strikes the right balance between residential housing and environmental priorities. In recognizing that, MileStone is actively working with the City in pursuit of Council approval of the project. This partnership would result in the site meeting or exceeding city standards for key development issues embraced by the City.

What's the Alternative?

Annexation

MileStone and the City would consent to a strategic partnership agreement for full purpose annexation of the property when infrastructure bonds have been paid in full. Until that time, limited purpose jurisdiction would immediately and permanently allow the enforcement of zoning and environmental regulations.

“The site would come into the city’s jurisdiction via strategic partnership, a huge plus for the City of Austin in terms of regulations, taxes, and services.”

Thomas Rowlinson, Principal Planner, City of Austin Parks and Recreation Board Meeting on August 26th, 2024

“At least 16% and counting of the Barton Springs Zone in the [Austin] ETJ has currently been released. That is a significant amount of land that has released from our ETJ and is no longer subject to the SOS Ordinance, or all of the other regulations that protect the environmental features within the Barton Springs Zone.”

Leslie Lilly, Environmental Conservation Program Manager for Watershed Protection, City of Austin Environmental Commission Meeting on October 2nd, 2024 (11:32)

City of Austin MUD

Approval of a City of Austin Municipal Utility District (MUD) to provide water and wastewater services to the site for centralized regional utilities. Consent is not required if the project is out of the City of Austin's ETJ, but consent gives the City the opportunity to pursue its priorities.

“Please note that this application exceeds the city’s base code requirements for parkland dedication. Without the MUD, these requirements wouldn’t even apply to the site at all.”

Thomas Rowlinson, Principal Planner, City of Austin Parks and Recreation Board Meeting on August 26th, 2024

“…In terms of what is there now in that area, this is a tremendous improvement in terms of much more compact, much more connected. I’m really impressed by the active transportation thoughts from the very beginning. I think this is a really good project considering where it is in the city and ETJ.”

Commissioner Spencer Schumacher, City of Austin Urban Transportation Commission Meeting on July 9th, 2024 (45:01)

Aquifer Protection & Stormwater Quality

Partnership will retain the existing and bring an additional 290 acres of Edwards Aquifer Recharge Zone into the City of Austin’s jurisdiction and regulatory purview. Enforcement of SOS water quality standards for pollutant loads and stormwater runoff across the entirety of the property will protect environmental features.

“As staff, we feel that the benefit here is that this is in a very environmentally sensitive area and by developing under limited purpose with some other environmental regulations, it protects the drinking water protection zone and the Barton Springs area.”

Sara Groff, Principal Planner, City of Austin Urban Transportation Commission Meeting on July 9th, 2024 (34:21)

“Staff feels that this is a good deal for the city that we meet superiority by those extra environmental protections that will be placed over this sensitive area.”

Sarah Groff, City of Austin City of Austin Urban Transportation Commission Meeting on July 9th, 2024 (35:00)

Roads & Transportation

Funding and construction of external connections to SH-45 and FM-1626, and transportation network and active transportation improvements, including bike lanes, trails and sidewalks constructed in accordance with the applicable City or County transportation criteria.

Parks & Trails

Parkland commitment that exceeds the highest city code and open space standards that would be publicly accessible. Trail network creation that will provide critical connectivity options to the Violet Crown Trail and Onion Creek Trail and future proposed regional trails.

“In order to achieve superiority, the MUD would need to provide a minimum of 20 acres of parkland. The application is providing a total of 55 acres of combined parks and public open space, which is more than double the requirement for superiority.”

Thomas Rowlinson, Principal Planner, City of Austin Parks and Recreation Board Meeting on August 26th, 2024 (2:09:48)

  • Compromises with City of Austin
This vision can only be realized through collaboration with the City of Austin. Environmental staff supported compromises recognize the unique jurisdictional circumstances of the project. They include:

1) Cut & Fill Requirements

Increase the maximum depth of soil removal and fill from 4 feet to 8 feet with staff approval.

Benefit

This routine change will enable the creation of a berm along SH-45, enhancing visual and sound barriers between roadway access to the subdivision.

2) Interbasin Diversion

Expand the current allowable area of interbasin diversion from the current limit (less than 20% of the site to less than 1 acre) to up to 25 acres.

Benefit

The current channel along Bliss Spillar Road is insufficient to handle flow to Little Bear Creek. Expanding the diversion will allow for the construction of detention and water quality ponds, addressing potential flooding concerns. The construction of these features would meet SOS standards.

3) Cost Participation

Extension of centralized water and wastewater service from the City of Austin, with Austin Water cost participation estimated at $11 million per standard City policy.

Benefit

This would result in the complete elimination of groundwater wells and decentralized wastewater infrastructure, removing reliance on TLAP permits and on-site treatment systems.

  • City of Austin Environmental Staff Supports All of the Above
  • The Alternative

Hays Commons Development Alternative

Hays Commons will be developed under a partnership with the City of Austin OR via state and county standards. Should the City of Austin elect not to annex the site, Hays Commons will continue through established permitting frameworks with oversight from agencies such as Hays County, Travis County, and the Texas Commission on Environmental Quality (TCEQ).

Choose Hays Commonsense
  • City of Austin vs. County / State

Hays Common sense

Hays Commons is pursuing a development consent agreement with the City of Austin while also maintaining eligibility to proceed under state and county guidelines. Each development path has defined processes and regulatory considerations that will shape the project’s development.

Annexation

  • Hays Commons - Austin
  • The project must comply with the City of Austin’s development rules.
  • Austin can enforce zoning and development regulations that control what can be constructed, land utilization and watershed requirements.
  • The City of Austin would gain tax revenue from the development.
  • Hays Commons - County / State
  • The project would be developed under Hays and Travis County authority, following county subdivision and development rules and applicable state law. Oversight would occur through county and state agencies, including the Texas Commission on Environmental Quality (TCEQ).

MUD/Utilities

  • Hays Commons - Austin
  • Austin water and wastewater would be extended to service the project.
MUD, Utilities Map (COA) - Good Alternative
  • Hays Commons - County / State
  • Utility services would be provided by a Municipal Utility District in accordance with TCEQ standards.
MUD, Utilities (County, State) - Bad Alternative

Water Quality Standard

  • Hays Commons - Austin
  • The City of Austin’s SOS rules for water treatment are applied, though at greater expense to the developer.
  • Hays Commons - County / State
  • Water quality measures would comply with applicable TCEQ and county requirements for surface and groundwater protection.
Water flowing into river

Creek Buffers

  • Hays Commons - Austin
  • The City of Austin’s requirements for protection would be implemented for waterways, including buffers around creeks and streams (CWQZ, WQTZ, EHZ).
Creek Buffer Map - Good Alternative
  • Hays Commons - County / State
  • County and TCEQ regulations would apply in accordance with state floodplain and waterway setback requirements. Oversight would be provided by Hays and Travis Counties and TCEQ.
Creek Buffer Map (County , State) - Bad Alternative

Roads & Transportation

  • Hays Commons - Austin
  • Infrastructure, roads and active transportation improvements including through bike lanes, trails, and sidewalks, would be built to the applicable City or County standards and regulations.
  • Hays Commons - County / State
  • Roads and transportation infrastructure would be constructed under county design and safety standards, and permitted under county transportation planning requirements.
roadway

Aquifer

  • Hays Commons - Austin
  • The entirety of the property would be subject to the City’s aquifer protection regulations, including buffering from karst features.
  • Hays Commons - County / State
  • Aquifer protection measures would follow TCEQ regulations and applicable Travis County standards.
Hay Hill Country

Parks & Open Spaces

  • Hays Commons - Austin
  • Parks and open space currently planned exceed parkland dedication requirements by approximately 275 acres.
  • Hays Commons - County / State
  • Parkland dedication and open space would follow county subdivision and development requirements.

Trails

  • Hays Commons - Austin
  • Three miles of trails will be added for connectivity to existing parks and trail systems.
  • Hays Commons - County / State
  • No requirement.
Trail Map

Dark Skies Compliance

  • Hays Commons - Austin
  • The consent agreement includes rules to reduce light pollution to protect dark skies and Bird Collion Deterrent methods.
  • Hays Commons - County / State
  • No requirement.
milky way over the sky

Impervious Cover

  • Hays Commons - Austin
  • Maintain 15% across the entirety of the site. Property outside of the City’s jurisdiction does not currently have an impervious cover limit.
  • Hays Commons - County / State
  • Impervious cover would follow TCEQ and county requirements, based on site conditions and applicable state standards.

Other Environmental Features

  • Hays Commons - Austin
  • The City of Austin requires additional protections for wetlands, rimrock, seeps, sink holes, karst limestone formation and other sensitive environmental features.
  • Hays Commons - County / State
  • Environmental protections are guided by state and county regulations, including TCEQ and Travis County Critical Environmental Feature requirements.
hays commons development
Get The Real Facts

Myth vs Fact

Frequently Asked Questions

MYTH

“The development as currently planned would ignore the City of Austin’s Save Our Springs (SOS) ordinance, which sets strict limits on lot size, impervious cover, and wastewater disposal for development over the Recharge Zone.”

– Save Our Springs Alliance, and Greater Edwards Aquifer Alliance, Press Release on October 19th, 2024

FACT

The SOS Ordinance applies only to property within the City of Austin’s jurisdiction. Approximately 290 acres of Hays Commons are outside the City’s jurisdiction, and the remaining acreage is eligible for ETJ removal under state law. MileStone is pursuing a development consent agreement that would bring this land under City oversight, extending SOS-related standards through that process.

MYTH

“Milestone is attempting to establish their own Municipal Utility District (MUD) for the development, in a brazen attempt to skirt the SOS requirements that are part of City of Austin development code.”

– Save Our Springs Alliance, and Greater Edwards Aquifer Alliance, Press Release on October 19th, 2024

FACT

The land outside the City of Austin’s jurisdiction is not subject to the SOS Ordinance. The proposed MUD would allow both the Hays and Travis County portions of the site to receive centralized water and wastewater service under City oversight, if approved by City Council. Without City consent, the project would follow county and state regulations for water and wastewater service and environmental protection.

MYTH

“Establishment of a MUD for Hays Commons would also leave local landowners footing the bill for the development of Hays Commons water and wastewater services.”

– Save Our Springs Alliance, and Greater Edwards Aquifer Alliance, Press Release on October 19th, 2024

FACT

Only the developer and residents of the project will pay MUD taxes to recover infrastructure costs necessary to serve the project. If City approved, Hays Commons residents would also become retail customers of Austin Water.

MYTH

“MileStone seeks to drill its own wells to tap into the Edwards Aquifer, which is currently being managed with drought restrictions, while disposing of treated sewage via land irrigation at the confluence of Little Bear Creek and a tributary.”

– Save Our Springs Alliance, and Greater Edwards Aquifer Alliance, Press Release on October 19th, 2024

FACT

While Hays Commons has existing Lower Trinity wells onsite, the project is actively pursuing City of Austin water and wastewater services through a consent agreement. Under this scenario, no groundwater wells or onsite effluent disposal systems would be used.

MYTH

“The 15% SOS impervious cover requirements, designed to mitigate harmful stormwater runoff to groundwater and Barton Springs, would be ignored in favor of lax 35% impervious cover limits.”

– Save Our Springs Alliance, and Greater Edwards Aquifer Alliance, Press Release on October 19th, 2024

FACT

The SOS Ordinance applies to property under City of Austin jurisdiction. MileStone has proposed maintaining a 15% impervious cover limit across the entire site, consistent with SOS standards, even for areas outside the City’s jurisdiction.

MYTH

“All the sudden Barton Springs instead of being this clear flowing pool would turn into a cloudy polluted pool [because of Hays Commons].”

– Mike Clifford, Technical Director, Greater Edwards Aquifer Alliance, KVUE News on July 16, 2024

FACT

This is a scare tactic. The City of Austin partnership proposal includes centralized wastewater service and no onsite wastewater treatment or land application. Stormwater management would be designed in accordance with City of Austin water quality and non-degradation standards if the City partnership is approved.

MYTH

“We feel that it’s very risky to put a TLAP over the recharge zone, unless [TCEQ] can actually quantify what the performance record is of existing TLAPs … We also, too, know that [TLAP permits] turn into de facto discharge permits because treated wastewater continues to be applied onto oversaturated fields at times.”

– Brian Zabcik, Advocacy Director, Save Barton Springs Association, Hays Free Press on July 24th, 2024

FACT

TLAP areas must meet strict regulations to avoid this exact concern and are regulated by TCEQ. A TLAP application for Hays Commons was submitted and deemed technically complete by TCEQ staff, and a draft permit has been issued. The TLAP option remains active only if a City of Austin consent agreement is not finalized. The City proposal does not include a TLAP system and would rely solely on centralized wastewater service.

  • Hays Commons FAQs

Frequently Asked Questions

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  • Supporting Hays Commons

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STAYING INFORMED
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"We all know that Texas needs more housing, a lot of people are moving here. But it has to be balanced with protecting our natural resources and protecting the land that provides those services."

Annalisa Peace, Executive Director of the Greater Edwards Aquifer Alliance

We agree. MileStone is pursuing a regulatory framework that supports both housing and environmental priorities. While Milestone’s preferred path is a development consent agreement with the City of Austin, the project also remains eligible to proceed under state and county oversight in accordance with Texas law.

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