HomeMy WebLinkAboutAgenda UDCAC 06.25.2018Notice of Meeting for the
Unified Dev elopment Code Adv isory Committee Special Meeting
of the City of Georgetown
June 25, 2018 at 4:45 PM
at Historic Light and Waterworks Building located at 406 W. 8th Street Georgetown,
TX 78626
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Regular Session
(This Regular S es s io n may, at any time, b e rec es s ed to convene an Exec utive S es s io n fo r any p urpose
authorized b y the Op en Meetings Act, Texas Go vernment Co d e 551.)
A Call to Ord er
B Co nsideration and possible actio n to approve the minutes o f the regular meeting o f June 13, 2018. Karen
Fro s t, Rec o rd ing S ecretary
C No mination and elec tion of Vice-Chair, and S ecretary if need ed , o f the Board. Karen Frost, Rec o rd ing
Secretary
Legislativ e Regular Agenda
D Pres entatio n and d is cus s io n o f the City’s Munic ip al Utility District (MUD) P o licy and Unified
Development C o d e (UDC) Amend ments . Wayne Reed, Assistant City Manager and S eth Gipson,
Management Analys t
Th is item is continued from th e June 1 3, 2018 UDC Advisory Committee Meeting.
Adjournment
CERTIFICATE OF POSTING
I, Shelley No wling, C ity S ecretary fo r the C ity of Geo rgeto wn, Texas , d o hereby c ertify that this Notice of
Meeting was p o s ted at City Hall, 113 E. 8th Street, a p lace read ily acc es s ible to the general p ublic at all times ,
on the ______ d ay o f __________________, 2018, at __________, and remained so p o s ted fo r at leas t 72
c o ntinuo us ho urs p receding the sc heduled time o f s aid meeting.
____________________________________
S helley No wling, City Sec retary
Page 1 of 100
City of Georgetown, Texas
Unified Development Code Advisory Committee
June 25, 2018
SUBJECT:
Cons id eration and p o s s ib le ac tion to approve the minutes of the regular meeting of June 13, 2018. Karen
Frost, Rec o rding Sec retary
ITEM SUMMARY:
FINANCIAL IMPACT:
.
SUBMITTED BY:
Karen Fro s t, Rec o rd ing S ecretary
ATTACHMENTS:
Description Type
Minutes _UDCAB_06.13.2018 Backup Material
Page 2 of 100
UDC Advisory Committee 1
June 13, 2018
City of Georgetown, Texas
Unified Development Code Advisory Committee Meeting
Minutes
Wednesday, June 13, 2018 at 3:00 PM
Historic Light and Water Works Building,
406 W. 8th Street, Georgetown, Texas 78626
Committee Present: Tim Haynie, Chair; Brett Danaher; Tracey Dubcak, Secretary; and John Philpot.
Committee Member(s) Absent: and Philip Wanke
Staff Present: Sofia Nelson, Planning Director; Seth Gipson, Management Analyst; and Andreina
Davila, Current Planning Manager and Karen Frost, Recording Secretary
A. Call to Order Chair Haynie called the meeting to order at 3:31 pm.
Legislative Regular Agenda
B. Consideration and possible action to approve the minutes of the regular meeting of May 9, 2018.
Karen Frost, Recording Secretary
Motion by Haynie to approve the minutes, second by Danaher. Approved 4 – 0.
C. Presentation and discussion of the City’s Municipal Utility District (MUD) Policy and Unified
Development Code (UDC) Amendments. Wayne Reed, Assistant City Manager and Seth
Gipson, Management Analyst
Davila introduced Seth Gipson and explained the topic. Gipson presented the approved Interim
MUD Policy. He gave the background and history of the MUD Policy, explained the Council’s
direction on the policy and reviewed possible recommendations to the UDC to support the
policy.
The city currently has 10 MUDS within and outside the city limits. Current policy was adopted
in 2014. On May 22, Council directed that these changes be aligned with the Comprehensive
Plan, clarify that the city is the clear exclusive provider of utilities, and that the MUD will be
financially responsible and reinforces the requirement for a finance plan, and finally maintain
the policy that insures there are extraordinary benefits to the city. They also wanted the process
policies number 3 and 4 be removed.
Gipson provided a redline version of the proposed policy. Introduction language is rewritten.
Possible unique factors are identified. Policy 6 added language to include that the city would
be the provider of utilities in case of multiple certified providers. Policy 7 provides up to 25
years for bond maturity and 10 years for issuance between first and last bond sales. It also
identifies the maximum tax rate assessment allowed. Policy 9 has clarified language related to
age-restricted development to minimize the impact of age –related “frozen” taxes. It also
included language to reinforce a diversity of housing types. There are UDC standards that are
being considered, as part of this policy update, for higher standards requirements.
UDC Amendments suggested by Gipson are 13.10.030: remove and replace with basic
requirements. The staff review team would be added to 13.10.040. It also adds policy 3
language. Staff proposes to add parkland and trails to the list of items that can be reimbursed or
paid for with bonds. Gipson suggests including language from Policy 13.10.050 C concerning
Page 3 of 100
UDC Advisory Committee 2
June 13, 2018
maximum tax rates established for in-city and out-of-city MUDs. Also within this section,
making minor changes to text and adding language to clarify the utility provider. Section
13.10.060, changing the Master Development Fee to specify this for ETJ Muds only, not
applicable to in-city MUDs.
Next steps, Gipson will be back in July for recommendations from the UDCAC. They will
return to Council for approval and then follow the UDC amendment process to incorporate the
final modifications. Davila says the July discussion will allow feedback and discussion of these
changes and get more feedback. The board expressed concern about the policy being adopted
by council prior to the comments and recommendations from this group of the UDC
amendments. Nelson stated she will be talking to the city manager’s office to share the
concerns. Dubcak states the UDC is a more final document that doesn’t need to be changed
regularly, versus a different document to accommodate the changes. Philpot suggests an
interim discussion meeting. Staff will review calendars for another meeting date.
D. Presentation and discussion regarding proposed changes to Section 13.08 of the Unified
Development Code (UDC) regarding Parkland Dedication requirements. Kimberly Garrett,
Parks and Recreation Director
Garrett gave an overview of the parkland dedication policy. There is a focus on growing
neighborhood parkland inventory, with less emphasis on funding development of the new
parks. Staff has compared the Georgetown policy against other cities. They are looking at
increasing the fee-in-lieu of parkland. The current rate is not enough to purchase parkland in
today’s costs. They are proposing raising the fee from $250 to $500 per LUE. They are also
proposing reviewing the fees on a schedule, the last adoption was in 2001.
Garrett is proposing the addition of a park improvement requirement. City currently funds
improvements thru parkland fees or CO bonds. In the new policy, development pays for park
development. Fees could be phased in over 2 – 3 years. Another proposed change will allow
for partial credit for Private Parks. Up to 50% credit given for private parks that meet
established criteria.
Garrett asked for feedback from the board and will also put it out for public feedback. She will
be working on draft language in the next month and bring back to share with the board at a
later meeting. Davila asked for any comments to be sent. They are looking for final action of
this board in October.
E. Update on the 2018 UDC Annual Review Plan, Schedule and Next Steps. Andreina Davila-
Quintero
MUD policy and parkland dedication items will come to the next meeting. Also a schedule of
topics of the next year. Davila asked that the board email any comments or responses to the
questions that were put forth.
Philpot suggested using NextDoor or an application to get more comments. He is appreciative
of the order of the meeting today and the well-prepared items.
Public Wishing to Address the Board
As of the deadline, no persons were signed up to speak on items other than what was posted on the agenda.
Motion by Haynie, second by Dubcak to adjourn the meeting. Meeting adjourned at 5:25 pm.
Page 4 of 100
UDC Advisory Committee 3
June 13, 2018
_____________________________________ __________________________________
Tim Haynie, Chair Tracey Dubcak, Attest
Page 5 of 100
City of Georgetown, Texas
Unified Development Code Advisory Committee
June 25, 2018
SUBJECT:
Nomination and electio n o f Vic e-Chair, and Sec retary if needed, of the Board . Karen F ro s t, Recording
Sec retary
ITEM SUMMARY:
FINANCIAL IMPACT:
.
SUBMITTED BY:
Karen Fro s t, Rec o rd ing S ecretary
Page 6 of 100
City of Georgetown, Texas
Unified Development Code Advisory Committee
June 25, 2018
SUBJECT:
Presentatio n and dis c us sion of the City’s Munic ipal Utility Dis tric t (MUD) Polic y and Unified Development
Code (UDC) Amend ments . Wayne Reed , As s is tant C ity Manager and Seth Gips on, Management Analyst
This item is con tin u ed from the Ju n e 13, 20 1 8 UDC Ad visory Committee Meetin g .
ITEM SUMMARY:
The City o f Georgetown has been us ing the Interim Munic ip al Utility Dis trict (MUD) Polic y (the “Po licy”)
to review and approve applic ations fo r MUDs since Sep temb er 2014. Over the past three years , the City
has exp erienc ed a continued interest in MUDs by d evelopers . The Polic y has been help ful in providing the
Counc il, s taff, and ap p licants guid anc e on c riteria and proc es s .
On June 13, 2018, C ity staff provid ed the UDC Advis o ry Committee with an exp lanatio n o f the revisions to
the City’s Interim MUD Polic y and p ro p o s ed revisions to S ectio n 13.10 (Creatio n of S p ec ial Dis tric ts ) of
the Unified Develo p ment Co d e (UDC) per Counc il’s direc tion on Marc h 27th (Attac hment 5).
The p ro p o s ed amendments to Section 13.10 o f the UDC are to make it c o ns is tent with the p ro p o s ed
changes to the Interim MUD P o licy. The c urrently ad o p ted and red line vers io n o f these mo d ificatio ns are
attached (Attac hments 1-4).
T he purpose of this item is to continue the discussion and obtain feedback from the UDC Advisory
Committee on proposed changes to the UDC that reflect the modifications to the Interim MUD P olicy. To
facilitate the discussion, two charts have been provided: 1) Attachment 6 outlines the sections of the P olicy, 2)
Attachment 7 outines those sections of the UDC that are currently not addressed, or partially addressed in the
P olicy.
Lastly, staff has considered the type and amount of work involved in processing applications to create and
amend agreements to existing MUDs. T he processing of these applications requires the involvement of
executive management to lead corresponding, meeting, negotiating, drafting term sheets, reviewing draft
agreements, coordinating with P UD standards, reviewing easements, analyzing utility and transportation
evaluations, attending advisory board meetings, drafting staff reports and presentations, and many more
activities. Even after approval of an application, there remains staff duties to perform, such as coordinating
with applicants, recording agreements, tracking thresholds, and creating summary sheets to provide to
appropriate departments to assist them in processing development applications and issuing permits related to
the actual development of the neighborhoods. Based upon the past two years of experience, staff is
recommending the current fee of $3,050 for creation of MUDs and $1,550 for amendments to existing MUDs
be increased to one flat fee of $20,000, plus continue to collect separate (additional) fees for professional
consultant and legal expenses.
FINANCIAL IMPACT:
The revisions to the Interim MUD Po licy and Sec tion 13.10 of the UDC have no direc t fis cal imp act. The
revised fee fo r applic ations reques ting the c reatio n o f MUDs and amendments to agreements assoc iated
with existing MUDs will increase revenue and c o ver the c o s t fo r staff resourc es s pent o n p ro cessing thes e
ap p licatio ns.
SUBMITTED BY:
Page 7 of 100
Seth Gip s o n, Management Analyst, and And reina Dávila-Quintero, Current P lanning Manager
ATTACHMENTS:
Description Type
Attachment 1 - Interim MUD Policy revis ed 2018-05-15 Redline Backup Material
Attachment 2 - Adopted - CoG Interim MUD Policy RES 092314-W Backup Material
Attachment 3 - UDC Section 13.10 Creation of Special Dis tricts
revis ed 5-15-2018 Redline Backup Material
Attachment 4 - Adopted - UDC Section 13.10 Creation of Special
Dis tricts
Backup Material
Attachment 5 - MUD Update UDC Pres entation 2018-06-13 Backup Material
Attachment 6 - Policy Chart - MUDs 2018-06-12 Backup Material
Attachment 7 - UDC Chart - MUDs 2018-06-21 Backup Material
Page 8 of 100
Interim Revised MUD Policy - REDLINES
September 23, 2014
Page 1 of 9
Updated 5-15-2018
2014 Municipal Utility District Interim Policy and Implementation Manual
This interim policy document is designed to bridge the gap between the current adopted Unified
Development Code (UDC) provisions for consideration and formation of Municipal Utility Districts
(MUD) within the City's planning jurisdiction and recent City Council discussions on timing, placement
and expectations for MUDs. It is anticipated these policies will be used on an interim basis until an
upcoming Municipal Annexation Plan is brought forward as addendum to the 2030 Comprehensive Plan.
The City's procedural provisions in the Unified Development Code (UDC) would remain for procedures
and submittal requirements and may be amended as needed.
The City of Georgetown finds that the purpose of a Georgetown Municipal Utility District (MUD) is to
assist in closing the financial gap when a unique development is seeking to exceed minimum City standards,
provide a robust program of amenities, and where substantial off-site infrastructure improvements are
required that would serve the MUD and surrounding properties.
Existing Unified Development Code (UDC) Section 13.10 provides the follow statements of purposes for
creating a MUD.
The standard s established in this section are intended to carry out the following purposes:
Encourage quality development;
Protect the water quality within all watersheds of the City;
Protect the water quality of the City's drinking water sources;
Allow the City to enforce land use and development regulations consistent with the City's
comprehensive plan;
Provide for construction of infrastructure consistent with City standards and City inspection of
such infrastructure;
Provide notice to residents of the district that the City may annex the district at some future time;
Facilitate cost-effective construction of infrastructure to serve the area within the district, including
police and fire stations, that is consistent with City standards and plans, so that the potential
financial burden on the citizens of Georgetown will be reduced, in the event of annexation of such
land by the City;
Provide for extension of water and wastewater lines that will serve future growth in the City and
its extraterritorial jurisdiction consistent with the City's regional utility planning;.
Establish guidelines for reasonable conditions to be placed on;
o Issuance of bonds by the district; and
o The City's consent to creation of the district, including conditions consistent with the City's
water and sewer bond ordinances regarding creation of districts that might otherwise
detrimentally y compete with the City's utility systems;
Establish guidelines for other mutually beneficial agreements by the City and the district; and
Provide a procedural framework for responding to an application seeking the City's consent to the
creation of a district;
While these existing policy statements contained in the UDC are helpful, the level of subjectivity with these
statements have given rise to requests beyond what was contemplated when Section 13.10 was authored
and requestors have challenged staff and City Council on these criteria. The additional language in the
Interim Policy is intended to clarify how staff and City Council carries out the statements in a consistent
and fair manner.
Page 9 of 100
Interim Revised MUD Policy - REDLINES
September 23, 2014
Page 2 of 9
Updated 5-15-2018
The City of Georgetown finds that the purpose of a Georgetown MUD is to assist in closing the financial
gap when a unique development is seeking to exceed minimum City standards, provide a robust program
of amenities, and where substantial off-site infrastructure improvements are required that would serve the
MUD and surrounding properties.
The following interim policies and implementation actions are established in two sections. The first section
includes general policies correlating existing UDC provisions with the items identified by City Council and
staff to ensure a complete review of all MUD proposals, including financial analysis, as well as minimum
provisions to ensure MUD development provides adequate public safety and utility services to promote
minimum standards for human life, safety and public welfare.
The second section includes additional policies for "unique factor" MUDs established pursuant to UDC
Section 13.10.030 (B). These policies do not apply to all MUD requests, only those seeking creation due to
"unique factor" criteria.
1. Policies applicable to all MUD requests:
The following policies are to be used in guiding the consideration and action on requests for creation and
operation of all proposed special districts, including amendments. These policies are reinforced in Section
13.10 of the UDC.
POLICY 1: Retain the two threshold questions under Section 13.10.030Basic Requirements for
Creation of MUDs.
MUDs are an appropriate tool to allow urban level density neighborhoods in locations supported by the
2030 Comprehensive Plan within the city limits. The City may alternatively consider ETJ MUDs where the
City is likely to annex the property in the future. but that are outside of the ultimate city boundary where
the City may annex in the future and where the City cannot provide water and wastewater service within 4
½ years.
13.10.30 Prerequisites to Consent to Creation of a Distric
Before consenting to the creation of a district, the City Council should consider further whether the creation
of the district is feasible, practicable, and necessary for the provision of the proposed services and would
be a benefit to the land, and therefore warrants the City’s consent, consistent with the other considerations
in this policy. t
A. The City’s basic requirements for creation of a MUD shall be that:
1. Quality Development. The developments meets or exceeds the intent of the development and
design standards of city codes;
2. Extraordinary Benefits. The development provides extraordinary public benefits that advance
the vision and goals of the Comprehensive Plan, such as, but not limited to, extension, financial
contribution, or enhancement of master planned infrastructure, diversity of housing, and
enhanced parks and open space that are available to the public;
3. Enhance Public Service and Safety. The development enhances public services and optimizes
service delivery through its design, dedication of sites, connectivity, and other features.
Page 10 of 100
Interim Revised MUD Policy - REDLINES
September 23, 2014
Page 3 of 9
Updated 5-15-2018
4. City Exclusive Provider. The development further promotes the City as the exclusive provider
of water, sewer, solid waste, and electric utilities;
5. Fiscally Responsible. The development is financially feasible and doesn’t impair the City’s
ability to provide municipal services;
6. Finance Plan. The developer(s) to contribute financially to cover a portion of infrastructure
expenses without reimbursement by the MUD or the City;
7. Annexation. The development will not impair the City’s future annexation of the MUD or
adjacent property, or impose costs not mutually agreed upon.
A. Before the City Council consents to creation of a district, the following issues shall be considered
in accordance with this chapter:
1. If applicable, whether the area proposed for inclusion in the district meets criteria for
annexation set out in the City annexation policy and is within the City's projected ultimate
city limit Boundary; [shown with red line in map below]; and
2. Whether the City will provide water and/or wastewater services to the land within the
proposed district at a reasonable cost and will commence construction of facilities
necessary to serve the land within 2 years and substantially y complete such construction
within 41/2 years after submittal of the petition pursuant to the City policies on the
extension of utility services.
B. If the determination on both issues 1 and 2 above is negative, then before consenting to the creation
of a district, the City Council shall consider further whether the creation of the district is feasible,
practicable, necessary; for the provision of the proposed services and would be a benefit to the
land, and therefore warrants the City's consent, consistent with the other considerations in this
policy.
C. If the determination on either of the two issues is affirmative, then the City Council shall not consent
to creation of the district unless the applicant demonstrates that unique factors justify; its creation.
If appropriate under the circumstances, the City shall:
1. Commence negotiations with the owners of at least 50 percent of the land in the proposed
district and a majority y of the qualified voters concerning the City's provision of water
and wastewater services, upon receipt of a petition submitted by such persons in
accordance with Local Government Code, Section 42.042; or
2. Commence proceedings to annex the land in the proposed district.
POLICY 2: Provide examples of “unique factors justifying [MUD] creation or amendments" to
guide determinations made under Section 13.10.030 in the UDC.
Consistent with past Council actions, require the construction of specific regional infrastructure
improvements consistent with the City's comprehensive plan and master plans and that are beneficial to the
City. Examples include:
a. The construction of the South San Gabriel Interceptor as part of the Water Oaks agreements opened
up the land in Georgetown's southwest quadrant for development well ahead of the time that the
City could have done so in the absence of those agreements.
b. Cimarron Hills Wastewater Treatment Plant, built as PID and MUD allowed expansion as part of
the Oaks at San Gabriel agreements.
Page 11 of 100
Interim Revised MUD Policy - REDLINES
September 23, 2014
Page 4 of 9
Updated 5-15-2018
c. The contemplated bridge and parkway connection of Water Oak linking Hwy 29 and Leander Road,
as there is currently no north-south connection between Ronald Reagan Blvd and Interstate 35.
a. The acceleration of master planned public infrastructure improvements, including but not limited
to, wastewater interceptors, treatment plants, and major transportation improvements, that not only
provide a benefit to the developed property, but also to other surrounding properties.
d.b. Conservation subdivision design that clusters development in low impact areas and maintains
existing topography, scenic views, natural drainage flows and wildlife habitat.
e.c. Regional trail connections located across the development, as well as off-site, to fill in gaps in the
City and County trail system.
POLICY 3: Submit information with the MUD creation petition that would allow the staff to perform
the level City Council has directed during consideration of several recent MUD petitions.
a. In addition to the items already listed in Section 13.10.040 and the information required to
determine compliance with Section 13.10.050, in order to assist boards, commissions and the City
Council with understanding the financing related aspects, require applications to submit the
following:
i. A detailed project pro-forma with assumptions of different tax rates and homes at various
price points,
ii. A marketing study completed within the previous six months of the date the petition
indicating project feasibility based on regional market absorption rates that indicates
projections in residential units per year for specific years of the development. The
marketing study should include all proposed uses within the MUD.
iii. A clear and understandable comparing MUD financed development to non-- MUD
financed development should also be included in these submittals including projections of
municipal property tax generation.
iv. A copy of the petitioner's financial statement and a detailed description of the petitioner's
experience with MUDs. If petitioner and developer are the not the same, provide
documentation explaining the relationship between the petitioner and developer.
v. Documentation that all lien holders consent to the formation of the proposed MUD.
b. To streamline processing of MUD petitions, allow staff to defer comprehensive review and
consideration of applications until a complete application and all supporting materials are
submitted.
c. Increase the application fee to a sum to allow for adequate cost recovery and that is commensurate
with staffing and workload impacts necessary for evaluating MUD petitions and negotiating and
drafting MUD Consent Agreements and any related agreements.
POLICY 4: Agree to a cross-departmental "MUD Petition Review Team" comprised, at a minimum,
of members of the planning department, utility department, finance department, parks department,
public safety departments, and legal department.
POLICY 5 3: Address provision of public services, and address public safety matters in the Consent
Agreement:
a. Require MUD to provide facilities to enhance public services and optimize locations of for service
delivery.
Page 12 of 100
Interim Revised MUD Policy - REDLINES
September 23, 2014
Page 5 of 9
Updated 5-15-2018
b. Require donation of land to City or ESD (as applicable) for new fire station or other public safety
facility as determined by the City.
c. If the City provides fire protection services to the MUD, require payment of Fire SIP fee (or similar
fee) to fund fire station construction and operations.
d. Require roadway design to enhance access and reduce response times to existing developed
properties located outside of the MUD.
e. If located outside of the City Limits, then the MUD consent agreement may, at the City's discretion,
include an interlocal agreement ("ILA") to contract with the City of Georgetown for fire, police,
and solid waste services on terms acceptable to the City.
f. Require adequate street lighting for vehicle and pedestrian safety.
g. An ETJ MUD shall provide a maintenance program approved by the City's Transportation
Department that is consistent with City standards and shall include appropriate consultation with
the County Engineer.
POLICY 6 4: Address utility service issues, and include those utility service provisions in the Consent
Agreement:
a. Require all utility facilities that service the MUD to be consistent with the Utilities Master Plan.
b. Require of the MUD that the City to be the water, sewer and electric service provider where it is
located within the city’s single or multiple certificated service area. unless the area is within another
entity's certificated service area, or the City chooses not to require those services to be provided by
the City.
c.b. Require the cost to relocate any existing utility infrastructure to be borne by the developer and/or
MUD, not the City.
d.c. Limit cost-sharing on MUD off-site improvements to only those circumstances where the necessity
for the improvement is so great that limited CIP funds are appropriate for overall system wide
improvements that benefit multiple properties (i.e., regional improvements that the City can
afford to participate in).
e.d. Address water and wastewater rates. Generally, rates for in-City MUD customers should be the
same as the rates for other in-City customers, and the rates for ETJ MUDs customers should be the
same as for other out of City customers.
f.e. Require specific water conservation techniques that will be used to minimize demand levels
including xeriscaping, low impact development ("LID"), rainwater harvesting, grey water reuse
and other strategies in consultation with GUS.
g.f. Require all MUDs and their residents, whether in the City or in the ETJ, to comply with City of
Georgetown water conservation and drought contingency plan-related ordinances.
h.g. For all MUDS, require impact fees to be assessed at the time of final plat approval [note: Impact
fee payments are eligible for reimbursement by the MUD]. For ETJ MUDS, require payment of
impact fees at the time the final plat is approved. For in-City MUDS, require payment of impact
fees no later than the time of building permit issuance. However, utility capacity reservation shall
not occur until impact fees are paid.
i.h. Address rates, treatment capacity, utility and other easements necessary for City services, capacity
for dwelling units, gallons per day usage for water and wastewater, water, wastewater and electric
infrastructure, permitting and design, and fiscal surety.
Page 13 of 100
Interim Revised MUD Policy - REDLINES
September 23, 2014
Page 6 of 9
Updated 5-15-2018
POLICY 75: Specify the amount of debt intended to be issued, the purpose of the debt, and the debt
service schedule, and include those financial provisions in the Consent Agreement:
a. Require a maximum bond issuance amount and schedule so that an opportune time for annexation
can be calculated. Bonds, including refunding bonds issued by the district, shall, unless otherwise
agreed to by the City, comply with the following requirements, provided such requirements do not
generally render the bonds unmarketable:
1. Maximum maturity of 25 years for any one series of bonds; and
2. The bonds shall expressly provide that the district shall reserve the right to redeem bonds
at any time subsequent to the tenth (10th) anniversary of the date of issuance.
3. The last Bond issuance shall be not later than the date that is ten (10) years after the date
of the first Bond issuance.
b. Require all City property and land to be exempted from all MUD taxes, assessments, charge, fees
and fines of any kind.
a.c. Establish a maximum tax rate of $0.55/$100 of assessed valuation for in-city MUDs and a
maximum tax rate of $0.95/$100 of assessed valuation for ETJ MUDs.
b.d. For an in-city MUD, Llimit debt issuance to capital infrastructure and related costs, for in-city and
ETJ MUDs, to "hard costs" associated with on and off-site water and wastewater infrastructure and
possibly, depending on the financial analysis, for roads, and parks and trails facilities that will be
open to the general public. An ETJ MUD may also issue debt for the hard costs of parks and trails
facilities that will be open to the general public. Debt shall not be issued for "soft costs" such as
design and engineering work, landscaping, signage, maintenance nor private amenities.
c.e. To the extent possible, debt should be structured to retire nonresidential lands first so they can be
annexed, if an ETJ MUD. Where multiple are MUDs are established for a large project,
nonresidential lands should be included in the first MUD created.
d.a. Require all City property and land to be exempted from all MUD taxes, assessments, charge, fees
and fines of any kind.
e.f. A table summarizing the overlapping tax rate of all existing taxing entities (city, county, school
district, MUD, ESD, etc.) and the proposed MUD tax, demonstrating the total anticipated tax rate
over the life of the MUD.
POLICY 86: Address future municipal annexation of the MUD, when located in the ETJ.
a. A date certain for annexation of the District shall be established in its creation documents. Upon
reaching that date certain, the City retains the right to extend the annexation date or deny the
annexation. The date of annexation set with the District creation shall be indicated in a disclosure
statement to buyers of all properties within the District. Buyers shall be provided with the District's
pro-forma in an easy-to-read, understandable format that explains to the buyer that they are buying
into an obligated property and are made aware that the taxes and assessments are not imposed by
the City of Georgetown and were the choice of the developer.
b. Allow the City to set rates for water and/or sewer services for land that is in the MUD at the time
of annexation that are different from rates charged to other areas of the City consistent with the
provisions of Section 54.016(h) of the Water Code to compensate city for assumption of MUD
debt.
c. This section shall apply to a District created as an ETJ MUD that is annexed into the city limits. At
the City's option, a "limited district" may be continued in existence after annexation to maintain
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amenities or services beyond what the City typically provides for neighborhoods similarly situated.
In such cases an ETJ MUD shall enter into a SPA stating conditions on which MUD will be
converted to a limited district that will continue to exist following full purpose annexation.
Concurrently with the MUD’s confirmation election, the MUD shall hold election on proposition
to levy an O&M tax per Section 49.107 of the Water Code to provide funds to operate the limited
district following full purpose annexation by the city; the MUD shall have no right to issue bonds
until proposition to levy an O&M tax is approved.
* * * * *
2. The following additional policies shall apply to "unique factor" MUD
requests that do not meet the geographic eligibility established in UDC 13.10.030.
POLICY 9 7: Require development in a MUD to exceed minimum UDC land use and development
standards, and address the land use provisions in the Consent Agreement or related agreement:
a. Prohibit all age-restricted development; provided, however, that one section or phase of a
development may be considered for age-restricted development if it does Age restricted
developments shall not exceed 10% of the net developable land area and 10% of the total housing
units within the MUD.
b. Prohibit certain other land uses such as Correctional Facility; Personal Services Restricted as
defined the Unified Development Code, Chapter 16, of Title 7 17 of the Georgetown City Code of
Ordinances, and others as determined by City Council.
c. Require at least 20% of overall net developable land area to be used for commercial, office,
industrial or related employment (nonresidential) uses, unless located in Low Density Residential
in the City's Future Land Use Plan in which case a neighborhood- serving commercial site shall be
included.
d. Require at least 30% of the proposed land use area to be used for commercial/retail uses and to be
developed within the first 5 years of the first building permit within the MUD.
i. All efforts should be made to exclude this commercial/retail land area from the MUD in
favor of full-purpose annexation, or a Strategic Partnership Agreement (SPA) should be
required allowing the City to collect sales taxes from the area.
ii. The Strategic Partnership Agreement should provide that the City is entitled to receive up
to 100% of the sales taxes collected, and that none of those taxes should be shared with the
MUD unless special circumstances exist.
iii. City should retain site plan review to current City standards for uses other than one- and
two-family residential uses.
c. Require a diversity of housing offered within the district that is consistent with the Future Land
Use Plan. workforce housing to be provided through a homebuyers club that includes programs
such as down payment assistance, preferred sales pricing, subsidized insurance premiums, ongoing
financial counseling and homeowner maintenance training. The homebuyers club shall be open to
all current City of Georgetown, Williamson County or Georgetown Independent School District
employees at the time of closing on a property. A report shall be furnished annually to the City's
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Housing Coordinator outlining the workforce housing actions undertaken with the minimum
programs being those identified above.
d. Require higher development and design standards for residential and nonresidential land uses to
promote a superior development. Examples include, but are not limited to:
1. Enhanced architectural standards; such as higher percentages of masonry on exterior walls
and variations in floor plans; and
1.2. Improved materials for signage, such as masonry bases.
e. Require public school location(s) to be provided, if desired by the applicable School District.
Location(s) of school sites should be in a central, walkable location within a residential
neighborhood away from a collector or arterial roadway identified in the Overall Transportation
Plan (OTP).
f. Require a land use plan to be attached to the Consent Agreement, and require major amendments
to a MUD land use plan shall requirebe reviewed by the Planning & Zoning Commission and
approved by City Council.
f.g. Require all in-city MUDs to submit a PUD application, concurrent with development of a consent
agreement, to memorialize development standards.
g.h. Require gross impervious cover to be kept below the maximums allowed by the UDC.
h.i. Require tree preservation to exceed minimum UDC standards. Where a site contains little existing
tree coverage, require at least two trees of 3" caliper or greater on every single family lot and
provide park and open space areas to increase gross tree canopy coverage to 40% coverage upon
tree maturity.
i.j. Require compliance with all water quality and water conservation/drought restriction ordinances
with no adverse impacts to the watershed including a preliminary plan indicating existing facilities,
proposed facilities and any improvements planned in the occupied site, spring and stream protection
zones established by the December 20, 2013 water quality ordinance.
j.k. Require protection and conservation of features unique to site such as clusters of trees,
archaeological sites, springs, the natural floodplain, recharge and karst features and historic farm
and ranch complexes.
k.l. Require higher standards for architectural design. For example, homes with front porches at
minimum 8 foot depth, 3-sides stone, stone veneer or brick masonry, variation in floor plans, and
embellished architectural treatment and masonry facades on homes facing street intersection
corners or major streets.
l.m. Require submittal and City Council approval of a pattern book with a visual representation of the
architectural styles of buildings including cornice lines, roof profiles, finish materials, windows
and ornamentation
m.n. Require landscaping along any roadways identified in the Overall Transportation Plan
commensurate to that required for Scenic/Natural Gateways as identified in Unified Development
Section 4.13.
n.o. Require Signage consistent with UDC provisions.
o.p. Require innovative or non-conventional subdivision design, such as conservation subdivision
design, housing diversity, vertical mixed use, and/or traditional neighborhood development (TND).
Consider removing, modifying, or moving Items h-p, because they a) are addressed and required
by other city codes or regulations, b) are redundant with other sections of the MUD policy;
and/or c) may create unintended consequences.
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POLICY 10 8: Require development in a MUD to exceed UDC parkland requirements (not just meet
UDC standards or less than UDC standards), and address parkland provisions in the Consent
Agreement:
a. Require a park or series of parks open to the general public within the MUD in the size and location
approved by the Parks and Recreation Board.
b. Require installation and maintenance of park facilities improvements.
c. Require maintenance access to be provided.
d. Require connections to regional trail network and adjacent uses such as schools.
e. Require regional trail network to be a minimum of 10 feet in width.
f. Require usable trailheads with off-street parking and ADA compliant trails.
g. Require financial contributions to regional park facilities such as Westside Park or Garey Park
(depending on the location of the MUD).
h. Prohibit roads through parkland in a manner that subtracts from net usable park land.
i. Require provision of security and maintenance program.
j. Require protection and perpetuation of unique features on a particular site that should be maintained
as open space whether for environmental, conservation or scenic views.
POLICY 11 9: Address transportation issues and include transportation provisions in the Consent
Agreement:
a. Require completion of a Traffic Impact Analysis (TIA) and construction and/or funding of both on-
and off-site improvements identified in the TIA, including roadways identified in the City's Overall
Transportation Plan (OTP).
b. Require dedication of right-of-way, inclusion of bike lanes, sidewalks, and aesthetically- pleasing
streetscapes consistent with the OTP.
c. Require residential subdivisions to be designed with increased connectivity, reduced cul -de-sacs,
short block lengths, additional stub outs to neighbors except where developed as a conservation
subdivision pursuant to Chapter 11 of the UDC.
d. Require creative stormwater management and water quality solutions to be provided such as low
impact development ("LID") to minimize any downstream impacts.
Miscellaneous Provisions
Where not otherwise specifically addressed in this Interim Policy, the procedures in Unified Development
Chapter 13 shall prevail.
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Unified Development Code (UDC)
13.10 Creation of Special Districts
13.10.10 Purpose and Intent
To provide for the prudent use of political subdivisions that are created pursuant to Article III,
Section 52, and/or Article XVI, Section 59, of the Texas Constitution and that are authorized by
law to provide water, wastewater, drainage, and other services ("districts"), in order to allow
development within the City's corporate boundaries and extraterritorial jurisdiction that is
generally consistent with the City's Comprehensive Plan.
This section is intended to be equitably applied to the creation of, inclusion of land within, and
operation of all proposed districts, while allowing flexibility necessary to address unique factors
that may arise with respect to each proposed district.
Prior to considering whether to consent to or support the creation of a district, the City will consider
whether the City is able to provide water and/or wastewater service to the area proposed to be
included in the district and whether such area is within the City's projected ultimate city limit
boundary.
The standards established in this section are intended to carry out the following purposes:
• Encourage quality development;
• Protect the water quality within all watersheds of the City;
• Protect the water quality of the City's drinking water sources;
• Allow the City to enforce land use and development regulations consistent with the City's
comprehensive plan;
• Provide for construction of infrastructure consistent with City standards and City
inspection of such infrastructure;
• Provide notice to residents of the district that the City may annex the district at some future
time;
• Facilitate cost-effective construction of infrastructure to serve the area within the district,
including police and fire stations, that is consistent with City standards and plans, so that
the potential financial burden on the citizens of Georgetown will be reduced, in the event
of annexation of such land by the City;
• Provide for extension of water and wastewater lines that will serve future growth in the
City and its extraterritorial jurisdiction consistent with the City's regional utility planning.
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• Establish guidelines for reasonable conditions to be placed on;
o Issuance of bonds by the district; and
o The City's consent to creation of the district, including conditions consistent with
the City's water and sewer bond ordinances regarding creation of districts that might
otherwise detrimentally compete with the City's utility systems;
• Establish guidelines for other mutually beneficial agreements by the City and the district;
and
• Provide a procedural framework for responding to an application seeking the City's consent
to the creation of a district.
13.10.20 Definitions
A. Bond. Instrument, including a bond, note, certificate of participation or other instrument
evidencing a proportionate interest in payments due to be paid by an issuer or other type
of obligation that: (1) is issued or incurred by an issuer under the issuer's borrowing power;
without regard to whether it is subject to annual appropriation; and (2) is represented by an
instrument issued in bearer or registered form or is not represented by an instrument but
the transfer of which is registered on books maintained for that purpose by or on behalf of
the issuer.
B. Certificate of convenience and necessity (CCN). A permit issued by the Texas
Commission on Environmental Quality ("TCEQ") authorizing a specified utility to be the
retail water or sewer service provider in a specified area.
C. City Council. City Council of the City of Georgetown.
D. Consent agreement. An agreement between the City and owners and developers of land
in a proposed district which, if agreed to, shall be attached to the consent resolution adopted
by the City Council.
E. Consent resolution. A resolution approved by the City Council setting forth terms of its
consent to creation of a district.
F. Consent to creation of a district. Authorization for the owners of land in a proposed
district to initiate proceedings to create a district as provided by law.
G. District. A municipal utility district ("MUD"), water control and improvement district
("WCID"), flesh water supply district ("FWSD"), or similar political subdivision created
to provide water, sewer or drainage utility services, roads, or other services allowed by law
to a specified area, pursuant to Article III, Section 52, and/or Article XVI, Section 59, of
the Texas Constitution.
H. Extraterritorial jurisdiction (ETJ). Unincorporated area generally extending two miles
from the City limit, excluding other incorporated municipalities and their ETJ, in which
the City has the authority to annex property, as determined in accordance with Chapter 42
of the Local Government Code.
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I. Strategic partnership agreement. An agreement between the City and a district
addressing the relationship between the City and the district, including limited purpose
annexation of commercial areas and other matters pursuant to Section 43.0751 of the Local
Government Code.
J. TCEQ. The Texas Commission on Environmental Quality or its successor.
13.10.30 Prerequisites to Consent to Creation of a District
Before consenting to the creation of a district, the City Council should consider further whether
the creation of the district is feasible, practicable, and necessary for the provision of the proposed
services and would be a benefit to the land, and therefore warrants the City’s consent, consistent
with the other considerations.
A. The City’s basic requirements for creation of a MUD shall be that:
1. Quality Development. The development meets or exceeds the intent of the development
and design standards of city codes;
2. Extraordinary Benefits. The development provides extraordinary public benefits that
advance the vision and goals of the Comprehensive Plan, such as, but not limited to,
extension, financial contribution, or enhancement of master planned infrastructure,
diversity of housing, and enhanced parks and open space that are available to the public;
3. Enhance Public Service and Safety. The development enhances public services and
optimizes service delivery through its design, dedication of sites, connectivity, and
other features.
4. City Exclusive Provider. The development further promotes the City as the exclusive
provider of water, sewer, solid waste, and electric utilities;
5. Fiscally Responsible. The development is financially feasible and doesn’t impair the
cCity’s ability to provide municipal services;
6. Finance Plan. The will require the developer(s) to contribute financially to cover a
portion of infrastructure expenses without the reimbursement by the MUD or the City;
7. Annexation. ItThe development will not impair the City’s future annexation of the
MUD or adjacent property, or impose costs not mutually agreed upon.
A. Before the City Council consents to creation of a district, the following issues shall be
considered in accordance with this chapter:
1. If applicable, whether the area proposed for inclusion in the district meets criteria
for annexation set out in the City's annexation policy and is within the City's
projected ultimate city limit boundary; and
2. Whether the City will provide water and/or wastewater services to the land within
the proposed district at a reasonable cost and will commence construction of
facilities necessary to serve the land within 2 years and substantially complete such
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construction within 41h years after submittal of the petition pursuant to the City's
policies on the extension of utility services.
B. If the determination on both issues 1and 2 above is negative, then before consenting to the
creation of a district, the City Council shall consider further whether the creation of the
district is feasible, practicable, necessary for the provision of the proposed services and
would be a benefit to the land, and therefore warrants the City's consent, consistent with
the other considerations in this policy.
C. If the determination on either of the two issues is affirmative, then the City Council shall
not consent to creation of the district unless the applicant demonstrates that unique factors
justify its creation. If appropriate under the circumstances, the City shall:
1. Commence negotiations with the owners of at least 50 percent of the land in the
proposed district and a majority of the qualified voters concerning the City's
provision of water and wastewater services, upon receipt of a petition submitted by
such persons in accordance with Local Government Code, Section 42.042; or
2. Commence proceedings to annex the land in the proposed district.
13.10.40 Staff Analysis
Upon receipt of an application seeking the City's consent to creation of a district and after a
preliminary determination of the prerequisites in Section 13.10.030, a cross-departmental “MUD
Petition Review Team” comprised, at a minimum, of members of the planning, utility, finance,
parks, public safety, and legal departments, City staff shall analyze the proposed development and
its potential impact on facilities and services. The applicant shall provide the following preliminary
information relative to the land proposed to be included in the district, if available:
A. Engineering report showing:
1. Preliminary water availability study, including copies of any proposed contracts;
2. Preliminary wastewater treatment availability, including copies of any proposed
contracts;
3. Preliminary drainage study; and
4. Preliminary road study for any roads proposed to be reimbursed by bonds.
B. Preliminary cost estimates for water, wastewater, drainage or road facilities or projects,
and any other proposed district facilities to be reimbursed or paid for by the issuance of
district bonds;
C. Master development plan showing general layout of proposed land uses; major streets and
roads; water, wastewater, and drainage facilities; and any other district facilities;
D. Information concerning provision of firefighting and law enforcement services;
E. Estimated buildout schedule by year with estimated assessed valuations in the district;
F. Estimated ultimate amount of bonds to be issued by the district, ultimate debt service
requirements, and projected district tax rate;
G. District boundary and vicinity map;
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H. Traffic study identifying potential impacts on:
1. The City's road system serving the land proposed to be included in the district, if all or
any portion of the land is located within the City or within two miles of the City's
boundaries; and
2. The county's road system, this traffic study is in addition to any traffic studies required
by the City's subdivision regulations in connection with submittal of subdivision plats;
3. If all or any portion of the proposed district is located outside the City's boundaries,
proof that the applicant has provided the following information by certified mail to the
Williamson County Judge and each member of the Commissioners Court: the name,
acreage, and location of the proposed district, buildout schedule, estimated population
on total buildout, and map of the area;
4. Such other information as City staff may reasonably require to analyze the need for the
proposed facilities and the development's potential impact; and
5. Any proposed City consent agreements.
In addition to the items already listed above and the information required to determine compliance
with Section 13.10.050, in order to assist boards, commissions and the City Council with
understanding the financing related aspects, require applications to submit the following:
1. A detailed project pro-forma with assumptions of different tax rates and homes at
various price points,
2. A marketing study completed within the previous six months of the date the petition
indicating project feasibility based on regional market absorption rates that
indicates projections in residential units per year for specific years of the
development. The marketing study should include all proposed uses within the
MUD.
3. A clear and understandable comparing MUD financed development to non-- MUD
financed development should also be included in these submittals including
projections of municipal property tax generation.
4. A copy of the petitioner's financial statement and a detailed description of the
petitioner's experience with MUDs. If petitioner and developer are the not the same,
provide documentation explaining the relationship between the petitioner and
developer.
5. Documentation that all lien holders consent to the formation of the proposed MUD.
To streamline processing of MUD petitions, allow staff to defer comprehensive review and
consideration of applications until a complete application and all supporting materials are
submitted.
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13.10.50 Conditions to City's Consent to Creation of a District
If the City Council elects to consent to the creation of or inclusion of land within a district, then it
shall impose the following requirements as conditions of the City's consent, and such requirements
shall be stipulated in the consent resolution and/or other ancillary agreement, unless the City
Council determines that requirements are not appropriate with regard to a specific district.
A. All parkland, trails, water, wastewater, drainage, and road infrastructure and facilities as
well as any other infrastructure or facilities to be reimbursed or paid for by the issuance of
district bonds, shall be designed and constructed to City standards, including without
limitation fire flow standards and utility and road design, construction and installation
standards, in accordance with plans and specifications that have been approved by the City.
In the event of a conflict between City water and wastewater standards and standards
imposed by the CCN holder for the proposed district, City standards shall prevail, unless
otherwise agreed by the City.
B. The City shall have the right to inspect all facilities being constructed by or on behalf of
the district and to charge inspection fees consistent with the City's inspection fee schedule,
as amended from time to time.
B.C. The City has established a maximum tax rate of $0.55/$100 of assessed valuation
for in-city MUDs and a maximum tax rate of $0.95/$100 of assessed valuation for ETJ
MUDs.
C.D. Bonds, including refunding bonds issued by the district, shall, unless otherwise
agreed to by the City, comply with the following requirements, provided such requirements
do not generally render the bonds unmarketable:
1. The last Bond issuance shall be not later than the date that is ten (10) years after the
date of the first Bond issuance;
1. Maximum maturity of 250 years for any one series of bonds;
2.
2.3.Interest rate that does not exceed 2% above the highest average interest rate reported
by the Daily Bond Buyer in its weekly "20 Bond Index" during the one month period
preceding the date notice of the sale of such bonds is given;
3.4.The bonds shall expressly provide that the district shall reserve the right to redeem
bonds at any time subsequent to the tenth (10th) anniversary of the date of issuance,
without premium. No variable rate bonds shall be issued by a district without City
Council approval; and
4.5.Any refunding bonds of the district must provide for a minimum of 3% present value
savings and that the latest maturity of the refunding bonds may not extend beyond the
latest maturity of the refunded bonds unless approved by the City Council.
D.E. The City shall require the following information with respect to bond issuance:
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1. At least 30 days before issuance of bonds, except refunding bonds, the district's
financial advisor shall certify in writing that the bonds are being issued within the
existing economic feasibility guidelines established by the TCEQ for districts issuing
bonds for water, sewer, or drainage facilities in the county in which the district is
located and shall deliver the certification to the City Secretary, and the City.
2. At least 30 days before the issuance of bonds, the district shall deliver to the City
Secretary, and the City Manager notice as to:
a. The amount of bonds being proposed for issuance;
b. The projects to be funded by such bonds; and
c. The proposed debt service tax rate after issuance of the bonds.
d. If the district is not required to obtain TCEQ approval of the issuance of the
bonds (other than refunding bonds), the district shall deliver such notice to the
City Secretary, and the City Manager at least 60 days prior to issuing such
bonds. Within 30 days after the district closes the sale of a series of bonds, the
district shall deliver to the City Secretary, and the City Manager a copy of the
final official statement for such series of bonds. If the City requests additional
information regarding such issuance of bonds, the district shall promptly
provide such information at no cost to City.
E.F. The purposes for which a district may issue bonds shall be restricted to the
purchase, construction, acquisition, repair, extension and improvement of land, easements,
works, improvements, facilities, plants, equipment, and appliances necessary to:
1. Provide a water supply for the district for municipal uses, domestic uses, and
commercial purposes;
2. Collect, transport, process, dispose of and control all domestic, industrial or communal
wastes from the district whether in fluid, solid, or composite state;
3. Gather, conduct, divert, and control local storm water or other local harmful excesses
of water in the district; and
4. Pay organization and administrative expenses, operation expenses during construction,
cost of issuance, interest during construction, and capitalized interest.
5. If appropriate in a particular district, the City may consent to issuance of bonds for
purchase, construction, acquisition, repair, extension, or improvement of fi re stations,
roads, and/or other capital improvements that are mutually agreed upon by the City
Council and the applicant.
F.G. The district shall contain sufficient acreage to assure the economic viability of the
district but no more acreage than can feasibly be annexed at one time. In general, a district
is not expected to include less than 200 acres or more than 500 acres.
G.H. Development within the district shall be consistent with the City's Comprehensive
Plan.
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H.I. No district shall include land in more than one city's Extraterritorial Jurisdiction.
I.J. The City and the owners of all land in the proposed district shall reach agreement on the
terms of a development agreement pursuant to Local Government Code, Section 212.171,
et seq. to extend the City's planning authority over land included in the district by providing
for approval of a development plan, authorizing enforcement by the City of land use and
development regulations, and including other lawful terms and considerations the parties
consider appropriate. The development agreement shall include provisions relating to the
following matters:
1. Land use plan reflecting all approved land uses and residential densities;
2. Compliance with City construction Codes, including permit requirements;
3. Compliance with City and other applicable stormwater and water quality regulations;
4. Development standards comparable to City zoning regulations; and
5. Dedication and development of park land, open space, and trails.
The above list is not intended to be exhaustive. It is expected that the parties will cooperate to
identify those matters unique to the district that may be addressed in a consent or development
agreement.
J.K. At least 30 days before issuance of bonds, the district shall certify in writing that
the district is in full compliance with the consent resolution approved by the City Council
and, to the extent such agreements impose requirements on the district, with the consent
agreement, strategic partnership agreement and all other agreements executed by the City
and the district, and shall deliver the certification to the City Secretary, and the City
Manager.
K.L. No land within the district shall be allowed, at any time in the future, to incorporate,
join in an incorporation, or be annexed into any incorporated city other than the City of
Georgetown.
L.M. No land shall be annexed by the district without prior City Council approval.
M.N. The district shall not construct or install infrastructure or facilities to serve areas
outside the district or sell or deliver services to areas outside the district without prior City
Council approval.
N.O. After creation of the district, and unless otherwise expressly authorized by the
consent agreement or development agreement, no district shall be converted into another
type of district, consolidated with another district, divided into two or more new districts
or seek additional governmental powers that were beyond its statutory authority at the time
the district was created, without prior City Council approval.
O.P. If allowed by law, the City may annex any commercial development within the
district for limited purposes pursuant to Local Government Code, Section 43.0751, and
may impose a sales and use tax within the area annexed for limited purposes. If limited
purpose annexation is not allowed by law, then the City may not consent to inclusion of
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commercial retail areas within the district. The City may consider sharing tax receipts with
the district, provided the district's share is used to finance infrastructure, retire bond debt
or for other purposes acceptable to the City.
P.Q. The district shall not issue any bonds other than those authorized by the consent
agreement without City Council approval.
Q.R. The district shall file a notice in the real property records of all counties in which
the district is located stating that the City has authority to annex the district. The parties
may attach a form of such notice to the consent agreement or development agreement.
R.S. The district shall send a copy of the order or other action setting an ad valorem tax
rate to the City Secretary, and the City Manager within 30 days after district adoption of
the rate.
S.T. The district shall, send a copy of its annual audit to the City Secretary, and the City
Manager within 30 days after approval.
T.U. The City shall encourage the district to maintain a debt service structure that will
ensure that the district's taxes are maintained at a rate at least equal to the City's tax rate, to
the extent feasible.
V. The district shall provide copies of any material event notices filed under applicable federal
securities laws or regulations to the City Secretary, and the City Manager within 30 days
after filing such notices with the applicable federal agency.
U.W. The district or applicant shall dedicate land to enhance public safety and optimize
locations for service delivery.
X. Construction of capital improvements such as fire stations and recreational amenities shall
be encouraged, or fee in lieu.
V.Y. The district or applicant shall agree that the City is the exclusive provider of water,
sewer, and electric utilities where it is located within the City’s single or multiple
certificated service area.
W.Z. Sharing of fire stations, recreational amenities, and other capital improvements by
the City and the district shall be encouraged.
X.AA. If construction or expansion of a wastewater treatment facility is proposed to serve
the district, the plant design shall conform to all applicable state and federal permitting and
design standards. In addition, any wastewater discharge shall be permitted to meet effluent
limitations no less stringent than 5-5-2-1 (5 parts per million {"ppm"} biochemical oxygen
demand; 5 ppm total suspended solids; 2 ppm nitrogen; and 1ppm phosphorus) or the
current limits in permit(s) held by the City, whichever is strictest. The City reserves the
right to protest any wastewater treatment facility permit application or amendment.
Y.BB. The board of directors of the district and landowners within the district shall assist
the City in annexing one or more areas as reasonably necessary for the City to connect
areas to the City that are outside the district and that the City intends to annex in the
foreseeable future.
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Revised Section 13.10 of UDC to be consistent with Revised Interim MUD Policy dated 5-15-2018
Page 10 of 10
Updated 5-15-2018
Z.CC. The City shall require the district to complete a traffic impact analysis pursuant to
Section 12.05 of this Code.
AA.DD. The City may agree not to annex and dissolve the district any earlier than the first
to occur of: (i) extension of water, sanitary sewer, and drainage facilities to serve 90% of
the land within the district; or (ii) 15 years after creation of the district. The contract
between the City and the district may provide that the City may set rates for water and/or
sewer services for property that was within the district that vary from those for other
properties within the City in order to compensate the City for assumption of district
obligations upon annexation, in compliance with any statutory requirements applicable to
such an agreement.
BB.EE. The consent agreement and ancillary documents shall include terms providing for
the district to be fully developed and ready for full purpose annexation by the City within
a reasonable time period.
CC.FF. The applicant shall reimburse the City for expenses incurred by the City in
connection with the City's consent to formation of the district, including but not limited to
professional fees incurred in connection with negotiation and preparation of the consent
resolution, consent agreement, development agreement, strategic partnership agreement,
and related documents.
13.10.060 City Operations Compensation Fee
A fee shall be assessed for each residential unit within the district equal to the proportion of City
operations attributed to serving residents of the district. The fee shall be calculated as follows:
B = Total General Fund budget for the fiscal year in which the consent application is filed.
P = The estimated population of the City at the time the consent application is filed.
H= The estimated average household size within the City at the time the consent application is
filed.
D = The percentage of City services used by district residents. This percentage shall be adopted
by the City annually as a part of the City's budget adoption process.
Y = Number of years of duration of the district.
R = Discount rate. This rate shall be adopted by the City annually as a part of the city's budget
adoption process.
PV = Present Value.
City Operations Compensation Fee = PV(R,Y,-((B /(P /H)) * D))
Example: B
=
$24,000,000
P =
41,000
H = 2.8 D = 15%
Y = 20
R = 6%
Fee =
$2,819
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•
•
•
•
•
•
•
•
•
•
•
•
•
SECTION 13.10. - CREATION OF SPECIAL DISTRICTS
Sec. 13.10.010. - Purpose and Intent.
To provide for the prudent use of political subdivisions that are created pursuant to Article III, Section 52, and/or
Article XVI, Section 59, of the Texas Constitution and that are authorized by law to provide water, wastewater,
drainage, and other services ("districts"), in order to allow development within the City's corporate boundaries and
extraterritorial jurisdiction that is generally consistent with the City's Comprehensive Plan.
This Section is intended to be equitably applied to the creation of, inclusion of land within, and operation of all
proposed districts, while allowing exibility necessary to address unique factors that may arise with respect to each
proposed district.
Prior to considering whether to consent to or support the creation of a district, the City will consider whether the City
is able to provide water and/or wastewater service to the area proposed to be included in the district and whether
such area is within the City's projected ultimate City limit boundary.
The standards established in this Section are intended to carry out the following purposes:
Encourage quality development;
Protect the water quality within all watersheds of the City;
Protect the water quality of the City's drinking water sources;
Allow the City to enforce land use and development regulations consistent with the City's comprehensive plan;
Provide for construction of infrastructure consistent with City standards and City inspection of such
infrastructure;
Provide notice to residents of the district that the City may annex the district at some future time;
Facilitate cost-e ective construction of infrastructure to serve the area within the district, including police and
re stations, that is consistent with City standards and plans, so that the potential nancial burden on the
citizens of Georgetown will be reduced, in the event of annexation of such land by the City;
Provide for extension of water and wastewater lines that will serve future growth in the City and its
extraterritorial jurisdiction consistent with the City's regional utility planning;
Establish guidelines for reasonable conditions to be placed on;
Issuance of bonds by the district; and
The City's consent to creation of the district, including conditions consistent with the City's water and sewer
bond ordinances regarding creation of districts that might otherwise detrimentally compete with the City's
utility systems;
Establish guidelines for other mutually bene cial agreements by the City and the district; and
Provide a procedural framework for responding to an application seeking the City's consent to the creation of
a district.
(Ord. No. 2017-15, § 2, 2-28-2017)
Sec. 13.10.020. - De nitions.
See Chapter 16, De nitions.
(Ord. No. 2017-15, § 2, 2-28-2017)
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A.
1.
2.
B.
C.
1.
2.
A.
1.
2.
3.
4.
B.
C.
D.
E.
F.
G.
H.
1.
Sec. 13.10.030. - Prerequisites to Consent to Creation of a District.
Before the City Council consents to creation of a district, the following issues shall be considered in accordance with
this chapter:
If applicable, whether the area proposed for inclusion in the district meets criteria for annexation set out in
the City's annexation policy and is within the City's projected ultimate city limit boundary; and
Whether the City will provide water and/or wastewater services to the land within the proposed district at a
reasonable cost and will commence construction of facilities necessary to serve the land within two years and
substantially complete such construction within four and one-half years after submittal of the petition
pursuant to the City's policies on the extension of utility services.
If the determination on both issues 1 and 2 above is negative, then before consenting to the creation of a district,
the City Council shall consider further whether the creation of the district is feasible, practicable, necessary for the
provision of the proposed services and would be a bene t to the land, and therefore warrants the City's consent,
consistent with the other considerations in this policy.
If the determination on either of the two issues is a rmative, then the City Council shall not consent to creation of
the district unless the applicant demonstrates that unique factors justify its creation. If appropriate under the
circumstances, the City shall:
Commence negotiations with the owners of at least fty percent (50%) of the land in the proposed district and
a majority of the quali ed voters concerning the City's provision of water and wastewater services, upon
receipt of a petition submitted by such persons in accordance with Local Government Code, Section 42.042; or
Commence proceedings to annex the land in the proposed district.
(Ord. No. 2017-15, § 2, 2-28-2017)
Sec. 13.10.040. - Sta Analysis.
Upon receipt of an application seeking the City's consent to creation of a district and after a preliminary
determination of the prerequisites in Section 13.10.030, City sta shall analyze the proposed development and its
potential impact on facilities and services. The applicant shall provide the following preliminary information relative to
the land proposed to be included in the district, if available:
Engineering report showing:
Preliminary water availability study, including copies of any proposed contracts;
Preliminary wastewater treatment availability, including copies of any proposed contracts;
Preliminary drainage study; and
Preliminary road study for any roads proposed to be reimbursed by bonds.
Preliminary cost estimates for water, wastewater, drainage or road facilities or projects, and any other
proposed district facilities to be reimbursed or paid for by the issuance of district bonds;
Master development plan showing general layout of proposed land uses; major streets and roads; water,
wastewater, and drainage facilities; and any other district facilities;
Information concerning provision of re ghting and law enforcement services;
Estimated build-out schedule by year with estimated assessed valuations in the district;
Estimated ultimate amount of bonds to be issued by the district, ultimate debt service requirements, and
projected district tax rate;
District boundary and vicinity map;
Tra c study identifying potential impacts on:
The City's road system serving the land proposed to be included in the district, if all or any portion of the
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2.
3.
4.
5.
A.
B.
C.
1.
2.
3.
4.
D.
1.
land is located within the City or within two miles of the City's boundaries; and
The county's road system, this tra c study is in addition to any tra c studies required by the City's
subdivision regulations in connection with submittal of subdivision plats;
If all or any portion of the proposed district is located outside the City's boundaries, proof that the
applicant has provided the following information by certi ed mail to the Williamson County Judge and
each member of the Commissioners Court: the name, acreage, and location of the proposed district,
build-out schedule, estimated population on total build-out, and map of the area;
Such other information as City sta may reasonably require to analyze the need for the proposed
facilities and the development's potential impact; and
Any proposed City consent agreements.
(Ord. No. 2017-15, § 2, 2-28-2017)
Sec. 13.10.050. - Conditions to City's Consent to Creation of a District.
If the City Council elects to consent to the creation of or inclusion of land within a district, then it shall impose the
following requirements as conditions of the City's consent, and such requirements shall be stipulated in the consent
resolution and/or other ancillary agreement, unless the City Council determines that requirements are not
appropriate with regard to a speci c district.
All water, wastewater, drainage, and road infrastructure and facilities as well as any other infrastructure or
facilities to be reimbursed or paid for by the issuance of district bonds, shall be designed and constructed to
City standards, including without limitation re ow standards and utility and road design, construction and
installation standards, in accordance with plans and speci cations that have been approved by the City. In the
event of a con ict between City water and wastewater standards and standards imposed by the CCN holder
for the proposed district, City standards shall prevail, unless otherwise agreed by the City.
The City shall have the right to inspect all facilities being constructed by or on behalf of the district and to
charge inspection fees consistent with the City's inspection fee schedule, as amended from time to time.
Bonds, including refunding bonds issued by the district, shall, unless otherwise agreed to by the City, comply
with the following requirements, provided such requirements do not generally render the bonds
unmarketable:
Maximum maturity of 20 years for any one series of bonds;
Interest rate that does not exceed two percent (2%) above the highest average interest rate reported by
the Daily Bond Buyer in its weekly "20 Bond Index" during the one month period preceding the date
notice of the sale of such bonds is given;
The bonds shall expressly provide that the district shall reserve the right to redeem bonds at any time
subsequent to the tenth (10th) anniversary of the date of issuance, without premium. No variable rate
bonds shall be issued by a district without City Council approval; and
Any refunding bonds of the district must provide for a minimum of three percent (3%) present value
savings and that the latest maturity of the refunding bonds may not extend beyond the latest maturity of
the refunded bonds unless approved by the City Council.
The City shall require the following information with respect to bond issuance:
At least 30 days before issuance of bonds, except refunding bonds, the district's nancial advisor shall
certify in writing that the bonds are being issued within the existing water, sewer, or drainage facilities in
the county in which the district is located and shall deliver the certi cation to the City Secretary, and the
City.
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2.
a.
b.
c.
d.
E.
1.
2.
3.
4.
5.
F.
G.
H.
I.
1.
2.
3.
4.
5.
J.
At least 30 days before the issuance of bonds, the district shall deliver to the City Secretary, and the City Ma
The amount of bonds being proposed for issuance;
The projects to be funded by such bonds; and
The proposed debt service tax rate after issuance of the bonds.
If the district is not required to obtain TCEQ approval of the issuance of the bonds (other than
refunding bonds), the district shall deliver such notice to the City Secretary, and the City Manager at
least 60 days prior to issuing such bonds. Within 30 days after the district closes the sale of a series
of bonds, the district shall deliver to the City Secretary and the City Manager a copy of the nal
o cial statement for such series of bonds. If the City requests additional information regarding
such issuance of bonds, the district shall promptly provide such information at no cost to City.
The purposes for which a district may issue bonds shall be restricted to the purchase, construction,
acquisition, repair, extension and improvement of land, easements, works, improvements, facilities, plants,
equipment, and appliances necessary to:
Provide a water supply for the district for municipal uses, domestic uses, and commercial purposes;
Collect, transport, process, dispose of and control all domestic, industrial or communal wastes from the
district whether in uid, solid, or composite state;
Gather, conduct, divert, and control local storm water or other local harmful excesses of water in the
district; and
Pay organization and administrative expenses, operation expenses during construction, cost of issuance,
interest during construction, and capitalized interest.
If appropriate in a particular district, the City may consent to issuance of bonds for purchase,
construction, acquisition, repair, extension, or improvement of re stations, roads, and/or other capital
improvements that are mutually agreed upon by the City Council and the applicant.
The district shall contain su cient acreage to assure the economic viability of the district but no more acreage
than can feasibly be annexed at one time. In general, a district is not expected to include less than 200 acres or
more than 500 acres.
Development within the district shall be consistent with the City's Comprehensive Plan.
No district shall include land in more than one city's Extraterritorial Jurisdiction.
The City and the owners of all land in the proposed district shall reach agreement on the terms of a
development agreement pursuant to Texas Local Government Code §§ 212.171, et seq. to extend the City's
planning authority over land included in the district by providing for approval of a development plan,
authorizing enforcement by the City of land use and development regulations, and including other lawful
terms and considerations the parties consider appropriate. The development agreement shall include
provisions relating to the following matters:
Land use plan re ecting all approved land uses and residential densities;
Compliance with City construction Codes, including permit requirements;
Compliance with City and other applicable stormwater and water quality regulations;
Development standards comparable to City zoning regulations; and
Dedication and development of park land, open space, and trails.
The above list is not intended to be exhaustive. It is expected that the parties will cooperate to identify
those matters unique to the district that may be addressed in a development agreement.
At least 30 days before issuance of bonds, the district shall certify in writing that the district is in full
compliance with the consent resolution approved by the City Council and, to the extent such agreements
impose requirements on the district, with the consent agreement, strategic partnership agreement and all
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5/15/2018 Georgetown, TX Unified Development Code
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K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
X.
Y.
Z.
AA.
other agreements executed by the City and the district, and shall deliver the certi cation to the City Secretary,
and the City Manager.
No land within the district shall be allowed, at any time in the future, to incorporate, join in an incorporation,
or be annexed into any incorporated city other than the City of Georgetown.
No land shall be annexed by the district without prior City Council approval.
The district shall not construct or install infrastructure or facilities to serve areas outside the district or sell or
deliver services to areas outside the district without prior City Council approval.
After creation of the district, and unless otherwise expressly authorized by the consent agreement or
development agreement, no district shall be converted into another type of district, consolidated with another
district, divided into two or more new districts or seek additional governmental powers that were beyond its
statutory authority at the time the district was created, without prior City Council approval.
If allowed by law, the City may annex any commercial development within the district for limited purposes
pursuant to Texas Local Government Code § 43.0751, and may impose a sales and use tax within the area
annexed for limited purposes. If limited purpose annexation is not allowed by law, then the City may not
consent to inclusion of commercial retail areas within the district. The City may consider sharing tax receipts
with the district, provided the district's share is used to nance infrastructure, retire bond debt or for other
purposes acceptable to the City.
The district shall not issue any bonds other than those authorized by the consent agreement without City
Council approval.
The district shall le a notice in the real property records of all counties in which the district is located stating
that the City has authority to annex the district. The parties may attach a form of such notice to the consent
agreement or development agreement.
The district shall send a copy of the order or other action setting an ad valorem tax rate to the City Secretary,
and the City Manager within 30 days after district adoption of the rate.
The district shall, send a copy of its annual audit to the City Secretary, and the City Manager within 30 days
after approval.
The City shall encourage the district to maintain a debt service structure that will ensure that the district's
taxes are maintained at a rate at least equal to the City's tax rate, to the extent feasible.
The district shall provide copies of any material event notices led under applicable federal securities laws or
regulations to the City Secretary, and the City Manager within 30 days after ling such notices with the
applicable federal agency.
Construction of capital improvements such as re stations and recreational amenities shall be encouraged.
Sharing of re stations, recreational amenities, and other capital improvements by the City and the district
shall be encouraged.
If construction or expansion of a wastewater treatment facility is proposed to serve the district, the plant
design shall conform to all applicable state and federal permitting and design standards. In addition, any
wastewater discharge shall be permitted to meet e uent limitations no less stringent than 5-5-2-1 ( ve parts
per million ("ppm") biochemical oxygen demand; ve ppm total suspended solids; two ppm nitrogen; and one
ppm phosphorus) or the current limits in permit(s) held by the City, whichever is strictest. The City reserves the
right to protest any wastewater treatment facility permit application or amendment.
The board of directors of the district and landowners within the district shall assist the City in annexing one or
more areas as reasonably necessary for the City to connect areas to the City that are outside the district and
that the City intends to annex in the foreseeable future.
The City shall require the district to complete a tra c impact analysis pursuant to Section 12.05 of this Code.
The City may agree not to annex and dissolve the district any earlier than the rst to occur of: (i) extension of
Page 52 of 100
5/15/2018 Georgetown, TX Unified Development Code
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AB.
AC.
water, sanitary sewer, and drainage facilities to serve ninety percent (90%) of the land within the district; or (ii)
15 years after creation of the district. The contract between the City and the district may provide that the City
may set rates for water and/or sewer services for property that was within the district that vary from those for
other properties within the City in order to compensate the City for assumption of district obligations upon
annexation, in compliance with any statutory requirements applicable to such an agreement.
The consent agreement and ancillary documents shall include terms providing for the district to be fully
developed and ready for full purpose annexation by the City within a reasonable time period.
The applicant shall reimburse the City for expenses incurred by the City in connection with the City's consent
to formation of the district, including but not limited to professional fees incurred in connection with
negotiation and preparation of the consent resolution, consent agreement, development agreement, strategic
partnership agreement, and related documents.
(Ord. No. 2017-15, § 2, 2-28-2017)
Sec. 13.10.060. - City Operations Compensation Fee.
A fee shall be assessed for each residential unit within the district equal to the proportion of City operations
attributed to serving residents of the district. The fee shall be calculated as follows:
B = Total General Fund budget for the scal year in which the consent application is led.
P = The estimated population of the City at the time the consent application is led.
H = The estimated average household size within the City at the time the consent application is led.
D = The percentage of City services used by district residents. This percentage shall be adopted by the City
annually as a part of the City's budget adoption process.
Y = Number of years of duration of the district.
R = Discount rate. This rate shall be adopted by the City annually as a part of the City's budget adoption process.
PV = Present value.
City Operations Compensation Fee = PV(R,Y,-((B /(P /H)) D))
Example:
B = $24,000,000
P = 41,000
H = 2.8
D = 15%
Y = 20
R = 6%
Fee = $2,819.92
(Ord. No. 2017-15, § 2, 2-28-2017)
*
Page 53 of 100
Recommended Amendments
to the
Interim MUD Policy and UDC
UDC Advisory Board
June 13, 2018
Page 54 of 100
Purpose
Staff is presenting City Council’s Direction to the City’s
Interim Municipal Utility District (MUD) Policy.
Staff is seeking direction from the UDC Advisory
Committee to determine how to translate the policy into
amendments to the UDC.
2Page 55 of 100
Policy and UDC Review Team
•David Morgan, Wayne Reed, Laurie Brewer, Jim Briggs,
Jack Daly, and Seth Gipson, City Manager’s Office
•Charlie McNabb, City Attorney’s Office
•Sofia Nelson & Andreina Davila, Planning Department
•Wesley Wright, Systems Engineering Department
•Kimberly Garrett, Parks and Recreation Department
•Chief Sullivan,Fire Department
3Page 56 of 100
Presentation Overview
•Part 1. Background on MUDs
•Part 2. History of the MUD Policy
•Part 3. Council’s direction on changes to the MUD Policy
•Part 4. Potential UDC Amendments
4Page 57 of 100
9
Part 1
Background on MUDs
Page 58 of 100
What is a MUD?
•A governmental agency
•Authorized by the Texas Constitution and
regulated by Chapters 54 and 49 of the Texas
Water Code.
•Governed by elected Board of Directors
•A taxing entity
•Different Stakeholders
9Page 59 of 100
Purpose of a MUD is to…
•Serve a public use and benefit
•Supplement and not supplant municipal services
•Expand transportation and commerce
•Provide needed funding to finance transportation, water,
wastewater, stormwater, parks, drainage, etc
•Promote the health, safety, and general welfare of
residents, employers, employees, and consumers in the
district and the general public
9Page 60 of 100
Georgetown MUDs 2004 -2017
8Page 61 of 100
Georgetown MUDs 2004 -2017
9
Terra Vista
(2004)
Water Oak
(2006)
Oaks at San Gabriel
(2007)
Cimaron Hills
(2012)
Crescent Bluff
(2014)
Hillwood
(2014)
Parmer Ranch
(2015)
Saddlecreek (2)
(2015)
Shadow Canyon
(2016)
MUD
Policy
2010
In-city MUD
ETJ MUD
Legend
Page 62 of 100
9
Part 2
History of the
Interim MUD Policy
Page 63 of 100
Background on Interim MUD Policy
•2004-2014… City received several requests for urban
level developments outside of city limits
–Mostly west of Georgetown
–Shortage of buildable lots was increasing pressure
–Requests were for locations without utility services and were
distant from existing infrastructure
•Council sought to understand…
–Implications of population growth in and around Georgetown
–Impact to utilities and future land uses long-term
–Tools available to improve quality of development
11Page 64 of 100
Interim MUD Policy Structure
•Policy 1. Thresholds
•Policy 2. Unique Factors
•Policy 3. MUD Creation Petition and info.
•Policy 4. Cross Departmental MUD Review Team
•Policy 5. Public Services and Safety
•Policy 6. Utility Services Issues
•Policy 7. Debt
•Policy 8. Annexation
•Policy 9. Exceed minimum UDC Development Stds.
•Policy 10. Parkland and Trails
•Policy 11. Transportation
12Page 65 of 100
9
Part 3
Recap of Council’s Direction
from May 22nd
Page 66 of 100
Why are we making changes to the Policy?
1.These changes help better align the MUD Policy and the
Comprehensive Plan
2.Emphasize that the city is exclusive provider of utilities
3.Clarify that the MUDs need to be financially responsible and
reinforces the requirement for a finance plan
4.Maintain the a MUD is a tool to provide extraordinary benefits
and produced a superior quality development
5.Incorporate the City’s practices for the past four years.
6.Retained the best practices that are already within this policy
regarding public safety, parks and recreation.
14Page 67 of 100
Council Direction from May 22nd
Council’s direction for modified MUD Policy
•Policy 1. Basic Requirements for Creation of MUDs
•Policy 2. Unique Factors
•Policy 3. Submit MUD creation petition and info.
•Policy 4. Cross Departmental MUD Review Team
•Policy 5. Public Services and Safety
•Policy 6. Utility Service Issues
•Policy 7. Debt
•Policy 8. Annexation
•Policy 9. Exceed minimum UDC Development Stds
•Policy 10. Parkland and Trails
•Policy 11. Transportation
19Page 68 of 100
City Council’s Direction
•Policy Introduction
–Removed references to the purpose of the interim policy
–Modified the language relating to the purpose of the policy
–Removed the references to the two sections of the policy
19Page 69 of 100
City Council’s Direction
•Policy Introduction (cont.)
19Page 70 of 100
City Council’s Direction
•Policy 1. Location
–Revise threshold questions
–In-city MUDs should be preferred due to recent changes in state
law concerning annexations
–NEW: Rename Policy 1 to “Prerequisites to Consent to Creation of
MUD”
19Page 71 of 100
City Council’s Direction
•Policy 1. Location (continued)
19
ALL NEW TEXT
Page 72 of 100
City Council’s Direction
•Policy 2. Unique Factors
–Continue to encourage conservation subdivision design (where
appropriate), greater tree preservation, greenways and trails along
rivers or creeks, and regional transportation and utility facilities.
–NEW Minor Changes:
•Applying this section to MUD amendments.
•Removed specific examples, summarize, and highlighted the
types of improvements that constitute “unique factors”
19Page 73 of 100
City Council’s Direction
•Policy 2. Unique Factors (continued)
19Page 74 of 100
City Council’s Direction
•Policy 3. Submit MUD creation petition and info.
–Removed as a policy and will be required as part of process in
UDC
•Policy 4. Cross Departmental MUD Review Team
–Removed as a policy and will be required as part of process in
UDC
•Policy 5. Public Services and Safety
–No change. Continue to incorporate fire stations and/or SIP fee
22Page 75 of 100
City Council’s Direction
•Policy 6. Utility Service Issues
–Continue to require extension of utility master plan lines and
granting of easements; continue to require City to be provider of
water, sewer, solid waste, and electric (wherever possible)
–NEW: added language to include that the City would be the
provider of utilities in the case of multiple certificated service areas
23Page 76 of 100
City Council’s Direction
•Policy 7. Debt
–Bonds. Provide up to 25 years for bond maturity and 10 years for
issuance between first and last bond sales
24Page 77 of 100
City Council’s Direction
•Policy 7. Debt (cont.)
–Tax Rates
•In-city MUDs at max of $0.55/$100 AV
•Out-of-city (ETJ) MUDs at $0.95/$100 AV tax rates
•Allow MUDs (In-City & ETJ) to issue debt for capital
infrastructure and related costs associated with on and off-site
water/wastewater, roads, and parks and trails.
•Removed references to “hard” and “soft” costs.
25Page 78 of 100
City Council’s Direction
•Policy 8. Future Annexation when in ETJ
–Maintain, but unlikely to be actionable (see Policy 1)
•Policy 9. Exceed minimum UDC Development Stds
–NEW: Clarified language related to age-restricted development.
26Page 79 of 100
City Council’s Direction
•Policy 9. Exceed minimum UDC Development Stds
(cont.)
–Removed criteria for all MUDs to contain at least 20% nonresidential
land uses; seek consistency with Future Land Use Plan
–Removed criteria for portion of commercial land uses to develop in
first five years of first building permit
27Page 80 of 100
City Council’s Direction
•Policy 9. Exceed minimum UDC Development Stds
(cont.)
–Removed criteria for workforce housing and included language for
diversity in housing
28Page 81 of 100
City Council’s Direction
•Policy 9. Exceed minimum UDC Development Stds
(cont.)
–Required higher architectural standards for residential and
nonresidential land uses and included examples
–Required concurrent PUD application to memorialize standards with
in-city MUDs
29Page 82 of 100
City Council’s Direction
•Policy 9. Exceed minimum UDC Development Stds
–NEW: Consider removing, modifying, or moving items “h” –“p,”
because they:
a)are addressed and required by other city codes or regulations;
b)Are redundant with other section of the MUD Policy; and
c)May create unintended consequences
30
Addressed in existing
regulations
Already addressed in
MUD Policy
May create
unintended
consequences
Items H,I,J,K,N, & O L, M & part of P H,O, & P
See existing Items c
& d under Policy 9Page 83 of 100
City Council’s Direction
•Policy 10. Parkland and Trails
–No change. Continue to require development to exceed parkland
design and development standards in the UDC
•Policy 11. Transportation
–No change. Continue to require partnerships on regional
transportation infrastructure consistent with the City’s OTP
31Page 84 of 100
Questions
32Page 85 of 100
UDC Amendments
33Page 86 of 100
UDC Amendments -Section 13.10.30
•Staff recommends removing the threshold questions and
replacing them with the basic requirements for the
creation outlined in the new Policy.
34Page 87 of 100
UDC Amendments -Section 13.10.030
35
ALL NEW TEXT
Page 88 of 100
UDC Amendments -Section 13.10.040
•The proposed changes to section incorporate Policies 3
& 4 of the interim policy, that were removed from the
policy.
36
Policy 4
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UDC Amendments –Section 13.10.040
37
Policy 3
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UDC Amendments -Section 13.10.050 A
38
•Staff proposes to add parkland and trails to the list of
items that can be reimbursed or paid for with bonds.
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UDC Amendments -Section 13.10.050 C
39
•Include language from Policy concerning maximum tax
rates established for in-city and out-of-city muds.
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UDC Amendments -Section 13.10.050 D
40
•Provide up to 25 years for bond maturity and 10 years
for issuance between first and last bond sales
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UDC Amendments -Section 13.10.050
41
•W: adds existing language that was listed in the policy,
but not currently referenced in the UDC.
•X: Minor change by adding “or fee in lieu”
•Y: adds proposed policy language to include that the City
would be the provider of utilities in the case of single or
multiple certificated service areas
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UDC Amendments -Section 13.10.060:
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Questions
43Page 96 of 100
Next Steps
•Seek final Feedback and direction from the UDC
Advisory Committee (July 2018);
•Return to City Council with resolution to adopt
MUD Policy; and
•Follow annual UDC amendment process to
incorporate the final modifications
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Page 1 of 2
Policy #MUD Policy Topics/Modifications Yes No Notes
Policy 1 - Locations Removed emphasis on location and replaced with a listing
of basic requirements
Policy 2 - Unique Factors Removed specific examples and summarized the types of
improvements that constitute "unique factors"
Policy 3 - MUD Creation Petition and Info.
Proposed to be moved into UDC.This section details the
information that is required to be submitted with the
application to assist in understanding financial aspects (i.e.
project pro-forma, marketing study, etc.)
Policy 4 - Cross Departmental MUD Review Team
Proposed to be moved into UDC.This section outlines who
comprises the review team (i.e.representatives from
planning, finance, parks, etc.)
Policy 5 - Public Services and Safety
Addresses contributions related to public services and
public safety.Proposed recommendation to add item W
under section 13.10.50 of the UDC that relates to
dedication of land.
Policy 6 - Utility Services Issues
Revised language to include that the City would be the
provider of utilities in the case of single or multi-
certificated service areas.Proposed recommendation to
add item Y under section 13.10.05 of the UDC that relates
to this item.
Policy 7 - Debt
Provides regulations on bonds (i.e.maximum bond
maturity &time limits between first and last bond
issuance),sets maximum property tax rates for in-city and
out-of-city MUDs,and adds public parks and trails to list of
items that can be paid for with bonds proceeds.
Should the UDC contain the specific tax rate listed in the MUD Policy… $.055 in
city or $0.95 out-of-city?
Policy 8 - Annexation Addresses future annexation of MUDs,when located in
the ETJ. There are not changes proposed for this section.
Please indicate if you believe the individual policies,within the current MUD Policy,should be housed in either a policy document or within the UDC,or if the policy should be housed in both documents.Please place an X in either one or both
corresponding boxes next to the Policy #, indicating your recommendation.
Policy Chart (MUDs)
UDC
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Page 2 of 2
Policy #MUD Policy Topics/Modifications Yes No Notes
Please indicate if you believe the individual policies,within the current MUD Policy,should be housed in either a policy document or within the UDC,or if the policy should be housed in both documents.Please place an X in either one or both
corresponding boxes next to the Policy #, indicating your recommendation.
Policy Chart (MUDs)
UDC
Policy 9 - Exceed minimum UDC Development
Standards.
The language regarding age restricted communities was
clarified,the criteria for certain percentages of commercial
and timelines for commercial development were removed,
diversity of housing was reinforced,higher architectural
standards were strengthened,and a requirement that a
PUD application must be submitted with a MUD.
Policy 10 - Parkland and Trails Requires development to exceed parkland design and
development standards outlined in the UDC.
Policy 11 - Transportation
Addresses transportation issues and requirements
regarding Traffic Impact Analysis,rights of way,
connectivity, stormwater, and water quality.
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Section #UDC Section Topics/Modifications MUD Policy UDC Other (if so, what
document)Notes
13.10.040 - Staff Analysis
This section addresses the staff analysis of the potential
impacts on facilities and services.There are requirements
that certain engineering reports,cost estimates,
potential build out schedules,traffic studies,bonding
information,financial information,etc.must be provided,
if available for this analysis.While the policy mentions
information on bonds and traffic impact analysis,the list
of the types of reports are not listed in the policy.
13.10.050 - Conditions to City's Consent to Creation of
a District
This sections includes information on bonds,
documentation related to bond,tax rates,purposes for
issuing bonds,planning authority,as well as a general list
of items that may be addressed in the consent or
development agreement (i.e.notification requirements,
limited purpose annexations,debt structure,utilities,
annexation,etc.).There are some references to items
that are currently listed in the policy such as traffic
impact analysis,utility providers,tax rates,bond
requirements,but there might be more information
located in the UDC or within the policy.
13.10.060 - City Operations Compensation Fee (aka
Master Developer Fee)
This is a fee that was originally established to applied to
out of city MUDs because they would not pay city taxes.
This fee calculation is not identified or explained in the
current MUD Policy.
Below are the sections of the UDC concerning Special Districts that are not currently mentioned or just a portion of the section is mentioned in the MUD Policy .Please indicate if you believe the individual sections or a portion of the section within the UDC,should be
housed in either the MUD Policy, UDC, or another document (i.e. Development Manual). Please place an X in any of corresponding boxes next to the section indicating your recommendation.
UDC Chart (Special Districts)
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