HomeMy WebLinkAboutAgenda UDCAC 08.08.2018Notice of Meeting for the
Unified Dev elopment Code Adv isory Committee
of the City of Georgetown
August 8, 2018 at 3:30 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 Co nsideration and possible actio n to approve the minutes o f the regular meeting o f July 11, 2018. Karen
Fro s t, Rec o rd ing S ecretary
B Public Hearing and p o s s ib le ac tion on pro p o s ed amend ments to the Permitted Us es regulatio ns relating to
Mobile Fo o d Vendors (Amend ment No. 1). Andreina Dávila-Quintero , AIC P, C urrent Planning Manager
C Pres entatio n and d is cus s io n regarding propos ed amendments to Sec tion 13.08 o f the Unified
Development C o d e (UDC) regard ing Parkland Dedic ation requirements (Amend ment No . 3). Kimb erly
Garrett, Parks and Recreatio n Direc tor, and And reina Dávila-Quintero, AICP, Current P lanning Manager
D Pres entatio n and d is cus s io n o n p o s s ib le amendments to UDC Sec tion 13.10, S p ecial Districts , and
Sectio n 3.20, Development Agreements, relating to Municipal Utility Dis tric ts (MUD) (Amend ment No. 8).
Seth Gips o n, Management Analys t, and Andreina Dávila-Quintero , AICP, C urrent Planning Manager.
E Up d ate on the 2018 UDC Annual Review Plan, Sc hedule and Next Step s . Andreina Dávila-Quintero ,
AICP, Current Planning Manager
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 78
City of Georgetown, Texas
Unified Development Code Advisory Committee
August 8, 2018
SUBJECT:
Cons id eration and p o s s ib le ac tion to approve the minutes of the regular meeting of July 11, 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 _UDCAC_07.11.2018 Backup Material
Page 2 of 78
UDC Advisory Committee 1
July 11, 2018
City of Georgetown, Texas
Unified Development Code Advisory Committee Meeting
Minutes
Monday, July 11, 2018 at 3:30 PM
Historic Light and Water Works Building,
406 W. 8th Street, Georgetown, Texas 78626
Committee Present: Tim Bargainer; Tracy Dubcak, Vice Chair; Tim Haynie, Chair; John Philpot: PJ
Stevens; and Jason Worth, Secretary.
Committee Member(s) Absent: Brett Danaher;
Staff Present: Sofia Nelson, Planning Director; Andreina Davila, Current Planning Manager and
Karen Frost, Recording Secretary
A. Call to Order Chair Haynie called the meeting to order at 3:30 pm.
Legislative Regular Agenda
B. Consideration and possible action to approve the minutes of the special meeting of June 25,
2018. Karen Frost, Recording Secretary
Motion by Bargainer to approve the minutes, second by Wirth. Approved 5 – 0.
C. Presentation and discussion on proposed amendments to the Permitted Uses regulations
relating to Mobile Food Vendors (Amendment No. 1). Andreina Dávila‐Quintero, AICP,
Current Planning Manager
Davila presented the proposed amendments as discussed by the committee previously. She
reviewed all the public engagement and reviews that have occurred. The proposed red‐line
language was reviewed. She reviewed primary, secondary and transient uses.
The committee had discussion about the bathroom amenities and the significant impact on the
neighboring properties. There is a concern about the cost. Nelson speaks to this and stated the
proposed code language is also working within the building code requirements. The
requirements for a Primary Use mobile food vendor are listed in the proposal. Code
enforcement is for the Special Use Permit requirements and will require an onsite park
manager.
The Secondary Use Mobile Food vendors were reviewed. The primary use owner would apply
for a Temporary Use Permit, which is good for up to one year. The enforcement of this type of
use is through the review of the Temporary Use Permit.
Transient Use is permitted Thursday through Sunday. They may not operate when the primary
use is closed. They are limited to 2 food trucks. No permit is required and enforcement is only
complaint based.
Committee did not have any suggestions or corrections to the proposed text changes. They
only suggested starting with the least restrictive use first. The ordinance language will be
posted online for public review and comment for two weeks then the final ordinance language
will be forwarded to P&Z and Council for approval and adoption.
D. Presentation and discussion on notification requirements for rezoning cases (Amendment No.
Page 3 of 78
UDC Advisory Committee 2
July 11, 2018
17). Andreina Dávila‐Quintero, AICP, Current Planning Manager
Davila explained that Council has directed staff to look at this item. She explained the State
Law basic requirements versus UDC standard requirements. The UDC standards meet state
law, but goes beyond by posting notice on the property subject to the zoning request. Council
is asking that the notification to the neighbors be more complete to include additional
information or more notices. She gave examples of notifications by other cities.
The committee was interested in the pre‐application threshold meetings with the
neighborhoods as described by what happens in Centennial, CO. They liked the idea but are
concerned that the information given at those meetings cannot be upheld in the applications.
Nelson says she will look at this more closely and bring information back. They are also
interested in the app provided by San Marcos that notifies citizens of applications going
forward. Nelson will also look at incentivizing extra public hearing time.
Davila listed the possible considerations and said staff will take the information back and work
on gathering more information based on the discussion.
E. Update on the 2018 UDC Annual Review Plan, Schedule and Next Steps. Andreina Dávila‐
Quintero, AICP, Current Planning Manager
Davila states the MUD Policy language and Parkland Dedication language are being written
and will be provided to the committee soon.
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 Bargainer to adjourn the meeting. Meeting adjourned at 5:00 pm.
_____________________________________ __________________________________
Tim Haynie, Chair Jason Wirth, Attest
Page 4 of 78
City of Georgetown, Texas
Unified Development Code Advisory Committee
August 8, 2018
SUBJECT:
Pub lic Hearing and pos s ible actio n o n p ro pos ed amendments to the Permitted Us es regulations relating to
Mo b ile Fo o d Vend o rs (Amendment No. 1). And reina Dávila-Quintero, AICP, Current P lanning Manager
ITEM SUMMARY:
Mo b ile or Outdoor Food Vend o rs is a land us e that is increasing in p o p ularity ac ro s s Georgetown and the
country. As we s ee an increase in the interest in mo b ile food vend o rs , we als o s ee divers ity in the typ es of
mo b ile food vendors , s ite requirements , and length o f stay b as ed on the bus ines s needs o f the mo b ile foo d
vend o r.
The Unified Develo p ment Co d e (UDC) defines Mo b ile or Outd o o r Fo o d Vend o rs as “A vehicle-mounted
fo o d service es tab lis hment that is designed to be read ily mo vable, includ ing p us h c arts, mobile kitchens,
hot dog c arts, p retzel wago ns, etc. Fo o d s are limited to prepac kaged or co mmis s ary p rep ared food unles s
the unit is equip p ed and approved by the Co unty Health Dis tric t (WCCHD) to hand le food p rep aration.
Any unit that requires direc t hand c o ntact with the food s hall have a hand was hing s ink.” Currently, Mobile
o r Outdoor F o o d Vendors may b e permitted on a temporary us e basis in certain zoning districts as
o utlined in the table b elo w:
Development Standard Requirement
Type of Permit Temporary Us e Permit
Zoning Districts permitted C-3, BP, IN, PF, MU-DT and MU zo ning d is tric ts
Duration No mo re than 90 d ays
Parking Per Table 9.02.030.A for the Temp o rary Use
(fo o d estab lis hment), and it s hall not c reate a
p arking s hortage fo r any of the other existing us es
o n the site.
Approval Criteria Land Us e Co mp atibility
Compliance with o ther Regulatio ns
Duration
Traffic Circulation
Off-Street Parking
Pub lic Convenienc es and Litter Control
Appearances and Nuis anc es
Signs
Other Co nditio ns
On April 24, 2018, the City Council directed staff to amend the Unified Development Code to address the
permitting and review process for Mobile Food Vendors as temporary or permanent uses subject to additional
standards to ensure the safe and orderly development of the City.
UDC Advisory Committee Recommendation
The p ro p o s ed amendments relating to Mo bile Food Vend o rs were disc ussed with the UDC Ad visory
Committee on Oc tober 11, No vember 8 and Dec ember 13, 2017, as well as January 1, 2018. Below is a
s ummary of the UDC Ad visory Co mmittee rec ommend ation.
Page 5 of 78
Trans ient Us e- mo b ile food vend o rs are rec o mmended to b e permitted Thurs day through Sund ay
without a temporary us e permit.
Ac cess o ry Us e- mo b ile food vend o rs are rec o mmended to b e permitted for 1 year with a temp o rary
use p ermit. Longer time p erio d s will req uire a s pec ial us e permit.
Primary Us e- mobile fo o d vendors are rec ommend to be p ermitted with a s pec ial us e permit.
Mo b ile fo o d vendors without a fixed s ite are rec o mmended to b e permitted witho ut a temporary us e
p ermit.
Mo b ile fo o d vendors s eeking to utilize c ity p arks and right o f way s hall be p ermitted with a s p ecial
event permit.
City Council Workshop Discussion
On March 13 and May 8, 2018, the City Counc il reviewed the proposed amend ments and
recommend atio ns fro m the UDC Ad visory Committee thro ugh a wo rkshop s es s io n. The City Co uncil’s
d irectio n inc lud ed reac hing o ut to restaurant owners to o b tain feedbac k o n the p ermitting and regulatio n
p ro cess o f Mo b ile F o o d Vendors within the C ity of Geo rgeto wn. Of the 35 res taurants c o ntacted , 17
p ro vided res pons es . T he res ults of the survey are attac hed as Attac hment I.
The City Counc il c oncurred with the UDCAC ’s rec o mmendatio n and d irec ted s taff to p ro ceed with the
p ro p o s ed amendments . To learn more ab o ut the dis c ussion with City Co unc il regard ing this item, please
view the Workshop Meeting video available online at http://georgetowntx.swagit.com/play/05082018-987
(Item B).
Proposed Amendments:
The p ro p o s ed amendments b reaks d o wn the Mobile o r Outdoor Food Vendor into three categories
d ep ending o n their typ e and timing to be lo cated o n an individ ual s ite: Trans ient, S econd ary and Primary
Mo b ile or Outdoor Food Vend o rs . The ap plic ab ility, review, criteria and permitting proc es s for each out
are as s ummarized in the attached tab le (Attac hment II).
Next Steps:
1. Pub lic Hearing and possible cons id eratio n b y the UDC Advis o ry Co mmittee - August 8, 2018
2. Pub lic Hearing and possible cons id eratio n b y the P lanning and Zo ning C o mmis s io n - S ep tember 4,
2018
3. Pub lic Hearing and F irs t Reading o f an Ord inance b y the City Co unc il - Septemb er 25, 2018
4. Sec o nd R ead ing of an Ord inance b y the City Counc il - Octo b er 9, 2018
5. Effec tive Date - In acc o rd anc e with the C ity C harter
FINANCIAL IMPACT:
None studied at this time.
SUBMITTED BY:
And reina Dávila-Quintero , AICP, Current Planning Manager
ATTACHMENTS:
Description Type
Attachment I - Res taurant Owner Survey Results Backup Material
Attachment II - Summary of Propos ed UDC Amendments Backup Material
City Council May 8 Pres entaton Backup Material
Ch. 3, 5 and 16 Propos ed UDC Amendments Exhibit
Page 6 of 78
64.71%11
35.29%6
Q1 Do you support food trucks operating in Georgetown, TX?
Answered: 17 Skipped: 0
TOTAL 17
Yes
No
0%10%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
1 / 7
City of Georgetown - Restaurant Owner Food Truck Survey
Attachment I
Page 7 of 78
88.24%15
11.76%2
Q2 Should the City of Georgetown regulate where food trucks can
operate?
Answered: 17 Skipped: 0
TOTAL 17
Yes
No
0%10%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
2 / 7
City of Georgetown - Restaurant Owner Food Truck Survey
Attachment I
Page 8 of 78
76.47%13
23.53%4
Q3 Should the City of Georgetown regulate how long a food truck can
stay in one location?
Answered: 17 Skipped: 0
TOTAL 17
Yes
No
0%10%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
3 / 7
City of Georgetown - Restaurant Owner Food Truck Survey
Attachment I
Page 9 of 78
47.06%8
52.94%9
Q4 Should food trucks be allowed to locate permanently in one location?
Answered: 17 Skipped: 0
TOTAL 17
Yes
No
0%10%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
4 / 7
City of Georgetown - Restaurant Owner Food Truck Survey
Attachment I
Page 10 of 78
82.35%14
17.65%3
Q5 Should the public be notified when food trucks plan to locate
somewhere permanently?
Answered: 17 Skipped: 0
TOTAL 17
Yes
No
0%10%20%30%40%50%60%70%80%90%100%
ANSWER CHOICES RESPONSES
Yes
No
5 / 7
City of Georgetown - Restaurant Owner Food Truck Survey
Attachment I
Page 11 of 78
Q6 Is there anything else the City should consider when regulating food
trucks?
Answered: 11 Skipped: 6
#RESPONSES DATE
1 The Health Department, if the City approve the food truck, needs to make sure that temperatures
of the food are correct, as well as, the transportation of the food to the trucks
4/5/2018 8:54 AM
2 they should have the same requirements as buildings as far as water, restroom and hand washing
and parking access. It is very unfair for food trucks to operate with fewer requirements and then
utilize the mandated requirements at traditional locations...parking, bathrooms, health code etc.
4/4/2018 12:58 PM
3 Parking. Effects on nearby businesses. Transients that tend to hang out in the seating areas.
Pollution and trash that get blown about. Cheap signage.
4/4/2018 10:00 AM
4 What taxes and business and community obligations will be required of the food trucks? What are
the restroom facility requirements of an area with several food trucks? How far away from resident
tax paying food establishments will food trucks be required to park? For instance, parking taken
away from brick and mortar establishments.
4/3/2018 8:48 PM
5 The food trucks should not be in the downtown vicinity, unless it's for a festival or market days.4/3/2018 8:11 PM
6 The restrauntures in the Downtown Historic Square are held at a higher and stricter standard, and
invest, as well as produce the highest revenue for restaurants. I don’t believe it is fare to the
established restaurants to take a cut in their daily sales after investing an immense amount of
monies compared to “Food Trailers”
4/3/2018 7:10 PM
7 I think permanently established food trucks should be handled like a restaurant, though they may
not provide all the amenities, they do provide food ongoing. I think the public would like to know
where the trucks will be located and are very interested in them not detracting from what makes
Georgetown a great - our square. I think the trucks business would regulate the length of time it is
in Georgetown. If it isn't making business it would likely leave. The city needs to regulate the area,
the appeal, the cleanliness of the trucks, not necessarily how long it stays.
3/28/2018 2:29 PM
8 They are severing the same people as local restaurants and should be held to the same standards
as permanent establishments. Cleanliness, food safety etc...
3/28/2018 8:43 AM
9 When you mention food truck, most have the mindset that your business is making money hand
over fist. It couldn't be further from the truth. Any regulations/fees that are being discussed need to
keep that key element in mind.
3/27/2018 9:13 PM
10 I think food trucks are great, however it's important for the downtown businesses that we are not
overrun with too many food trucks that take away from our historic designation. Perhaps there is a
better location they can operate? Property owners on the square have invested a lot of money
updating historic buildings. I would like to see continued investment in historic buildings, and I
would expect the City to protect that investment by limiting the amount of food trucks downtown.
Thank you.
3/27/2018 4:00 PM
11 The key word is "truck" which makes it mobile. I believe they should never be allowed to stay at a
location permanently. Unless it is a food truck park where they may all gather.
3/27/2018 2:33 PM
1 / 1
City of Georgetown - Restaurant Owner Food Truck Survey
Attachment I
Page 12 of 78
100.00%12
100.00%12
0.00%0
0.00%0
0.00%0
0.00%0
0.00%0
0.00%0
100.00%12
0.00%0
Q7 Contact Information (optional). This information will only be used to
send survey results and reminders about upcoming meetings.
Answered: 12 Skipped: 5
ANSWER CHOICES RESPONSES
Name
Business
Address
Address 2
City/Town
State/Province
ZIP/Postal Code
Country
Email Address
Phone Number
7 / 7
City of Georgetown - Restaurant Owner Food Truck Survey
Attachment I
Page 13 of 78
T
R
A
N
S
I
E
N
T
U
S
E
Primary Use Required
Connection to Utilities Not Allowed
Trucks permitted Thursday through Sunday. May not operate when primary use is closed.
Maximum Number of Food Trucks -2
No Permit Required except when seeking to have a truck outside of permitted days.
Amenities Not Permitted
Zoning Districts:
Commercial districts,
Multi-family districts,
Public Facilities,
Industrial, Business
Park, Mixed Use
districts
Site Requirements:
Shall meet location and
parking requirements
Enforcement:
Complaint based
Attachment II –Summary of Proposed UDC Amendments
Page 14 of 78
S
E
C
O
N
D
A
R
Y
U
S
E
Primary Use Required
Connection to electric service permitted
1 year temporary permit. May not operate when primary use is closed.
Maximum Number of Food Trucks -3
Permitting -Temporary Use Permit
Amenities -Tables, Chairs, Restrooms, Etc.
Zoning Districts:
C-1 and C3 districts,
Industrial, Business
Park, Mixed Use
districts.
Site Requirements:
Shall meet UDC parking
requirements. Site plan
not required.
Enforcement:
Review of Temporary
Use Permit.
Attachment II –Summary of Proposed UDC Amendments
Page 15 of 78
P
R
I
M
A
R
Y
U
S
E
Primary Use Not Required
Connection to electric, water and wastewater required
Time -Permanent
Maximum Number of Food Trucks -based on site requirements
Permitting -Special Use Permit
Amenities -Temporary and Permanent Required.
Zoning Districts:
C-1 and C-3 districts,
Industrial, Business
Park, Mixed Use
districts.
Site Requirements:
Site plan required.
Enforcement:
Review of special use
permit. Designated park
manager required.
Attachment II –Summary of Proposed UDC Amendments
Page 16 of 78
Mobile Food Vendors
City Council Workshop
May 8, 2018
Page 17 of 78
Contributors to this Presentation
•Jackson Daly
•Andreina Davila-Quintero
•Keith Hutchison
•Kim McAuliffe
Page 18 of 78
Purpose of the Presentation
•Present feedback from public outreach
with brick and mortar restaurants.
•Present additional research requested by
the City Council.
•To gain feedback on the direction to take
with the permitting process for mobile food
vendors
Page 19 of 78
Presentation Outline
•Part 1 -Recap of past presentations
•Part 2 –Presentation of Public Outreach
•Part 3-Summary of Recommendation
•Part 4 -Request Direction from City
Council.
Page 20 of 78
Part 1
How did we get here?
•Recap of Current Requirements
•Recap of previous workshop
Page 21 of 78
Project Timeline
July 25,
2017
City
Council
Workshop
Sept. 26,
2017
City
Council
Workshop
Oct. 11,
2017
UDC
Advisory
Committee
Meeting
Dec. 13,
2017
UDC
Advisory
Committee
Meeting
Jan. 10,
2018
UDC
Advisory
Committee
Meeting
Mar. 13,
2018
City
Council
Workshop
Page 22 of 78
Recap of Current Regulations
Definition.
Mobile or Outdoor Food Vendor.
A vehicle-mounted food service
establishment that is designed to
be readily movable, including
push carts, mobile kitchens, hot
dog carts, pretzel wagons, etc.
Foods are limited to prepackaged
or commissary prepared food
unless the unit is equipped and
approved by the County Health
District (WCCHD) to handle food
preparation. Any unit that
requires direct hand contact with
the food shall have a hand
washing sink.
Development
Standard
Requirement
Type of Permit Temporary Use Permit
Zoning
Regulation
C3, BP, IN, PF, MUDT and
MU zoning districts
Duration Established by the Building
Official at the time of
approval of the Temporary
Use Permit.In the event no
time limit is established, the
duration shall be a period
not to exceed 90 days
Parking Subject to compliance with
UDC for restaurants
Page 23 of 78
Recap of Previous Workshop
Vendor without
Fixed Site
Only applies to vendors
that sell at construction
sites, neighborhoods
and special events.
No permit required.
The use of city parks
or ROW would require
a special event permit.
Accessory Use
A mobile food vendor
that supplements a
primary brick and mortar
development.
Thursday –Sunday no
permit required
All other days
Temporary Use Permit
Required (1 year)
Primary Use
A mobile food vendor
that is the primary use,
and does not need a
brick and mortar
development.
Special Use Permit
Page 24 of 78
Part 2-
Public Outreach
and Recommendation
Page 25 of 78
Outreach prior to the last workshop
•Three UDCAC meetings held:
–October 11th
–December 13th
–January 10th
•Feedback Received:
–Concerns were expressed about enforcement of the times
the trucks would be on-site and how inspections would
occur.
–The representatives of the properties using the food trucks
asked for 72 hour windows of time before forcing a
temporary use permit.
Page 26 of 78
Outreach since the last workshop
•Restaurant visits
•Restaurant Owners Survey
–Survey sent to 35 restaurants within the area
–Data collected from March 27 –April 6
–6 questions (one open-ended for additional
comments)
–17 responses
Page 27 of 78
Survey Questions
•Do you support food trucks in Georgetown?
–Yes = 64.71%
–No = 35.29%
•Should the City regulate where food trucks
can operate?
–Yes = 88.24%
–No = 11.76%
•Should the City regulate how long food
trucks can stay in one location?
–Yes = 76.47%
–No = 23.53%
Page 28 of 78
Survey Questions
•Should food trucks be allowed to locate
permanently in one location?
–Yes = 47.06%
–No = 52.94%
•Should the public be notified when food
trucks plan to locate somewhere
permanently?
–Yes = 82.35%
–No = 11.65%
Page 29 of 78
Part 4
UDC Advisory Committee
Recommendation
Page 30 of 78
Recommendation
Transient
Use
Secondary
Use
Primary Use
Page 31 of 78
Transient Use
May include food trucks that
come to a site for events.
Local Examples: Mesquite
Creek and Rentsch Brewery
Page 32 of 78
Transient Use
Primary Use Required
Connection to Utilities Not Allowed
Time-Trucks permitted Thursday through
Sunday. May not operate when primary use
is closed.
Maximum Number of Food Trucks -2
Permitting-No Permit Required except
when seeking to have a truck outside
of permitted days.
Amenities-Not Permitted
Zoning Districts:
Commercial districts,
Multi-family districts,
Public Facilities,
Industrial, Business
Park, Mixed Use
districts
Site Requirements:
Shall meet location
and parking
requirements
Enforcement:
Complaint based Page 33 of 78
Secondary Use
•Mobile food vendor that supplements a primary
brick and mortar development.
Local Example: Je Suis Coffee on 9th Street
Page 34 of 78
Secondary Use
Primary Use Required
Connection to electric service
permitted
Time -1 year temporary permit. May not
operate when primary use is closed. SUP
required for longer than 1 year.
Maximum Number of Food Trucks -3
Permitting -Temporary Use Permit
Amenities -Tables, Chairs, Restrooms,
Etc.
Zoning Districts:
C-1 and C3 districts,
Industrial, Business
Park, Mixed Use
districts
Site Requirements:
Shall meet UDC
parking
requirements. Site
plan not required.
Enforcement:
Review of
Temporary Use
Permit. Page 35 of 78
Primary Use
•Mobile food vendor(s) that utilize a site that as
the primary use. This may include one mobile
food vendor or developed as food truck park.
Local Examples: Black Box, Morrow Street
food park
Page 36 of 78
Primary Use
Primary Use Not Required
Connection to electric, water and
wastewater required
Time -Permanent
Maximum Number of Food Trucks -
based on site requirements
Permitting -Special Use Permit
Amenities -Temporary and Permanent
Required.
Zoning Districts:
C-1 and C3 districts,
Industrial, Business
Park, Mixed Use
districts
Site Requirements:
Site plan required.
Enforcement:
Review of special
use permit.
Designated park
manager required. Page 37 of 78
Summary of Recommendations
•Transient Use
–Trucks permitted Thursday through Sunday.
May not operate when primary use is closed.
No permit required.
•Secondary Use
–Permitted for 1 year with a temporary use
permit. Longer time periods will require a
special use permit.
•Primary Use
–Permitted with a special use permit.
•Vendor without a fixed site
–No temporary permit required.
•City Parks and ROW
–Special event permit.Page 38 of 78
Part 4
Direction from City Council
Page 39 of 78
Direction
•Does the City Council concur with UDC
Advisory Committee recommendation for
the following:
–Transient Use
–Secondary Use
–Primary Use
Page 40 of 78
Mobile Food Vendors *** DRAFT ***
UDC Amendment No. 1 Printed on Jul. 27, 18
Page 1 of 5
Chapter 3 - APPLICATIONS AND PERMITS
***
SECTION 3.11. - TEMPORARY USE PERMIT
Sec. 3.11.010. - Applicability.
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H. Temporary Mobile or outdoor food vendor, pursuant to City Code Section 8.12.
***
***
Chapter 5 – ZONING USE REGULATIONS
***
SECTION 5.04. - COMMERCIAL USES
***
Table 5.04.010: Commercial Uses
Specific
Use AG RE RL RS TF TH MF
1
MF
2 MH CN C1 C3 OF BP IN PF MUDT MU Notes
***
Food and Beverage Establishments
***
Permanent
Mobile or
Outdoor
Food
Vendor
- - - - - - - - - - S S - S S - S S Y
***
Y. Permanent Mobile or Outdoor Food Vendor
Permanent Mobile or Outdoor Food Vendor is permitted in accordance with Table 5.04.010 and
subject to the following standards and limitations:
1. The Mobile or Outdoor Food Vendor(s) shall be a primary use on the property.
Page 41 of 78
Mobile Food Vendors *** DRAFT ***
UDC Amendment No. 1 Printed on Jul. 27, 18
Page 2 of 5
2. Each Mobile or Outdoor Food Vendor shall have a City approved connection to City
approved electric, water and wastewater services.
3. A Mobile Food Park Manager shall be designated for the property.
a. The Mobile Food Park Manager shall be available by phone while the vendor(s) is
open for business. A telephone number and email address for the Mobile Food Park
Manager shall be posted on a sign no larger than one (1) square foot. The sign shall be
posted on a location visible to the patrons.
b. The Mobile Food Park Manager shall be responsible for the general management of
the park, including but not limited to addressing inquiries, questions, and concerns,
ensuring property maintenance, enforcing hours of operation, and other operational
matters.
4. Parking shall be provided in accordance with Chapter 9 of this Code .
5. Toilet facilities and trash receptacles shall be provided on the property in compliance with
all applicable City regulations.
6. Amenities including but not limited to tables, chairs and shade structures may be
permitted on the property subject to compliance with this Code.
7. All vendors, amenities and other site improvements shall be identified on the Special Use
Permit Concept Plan and Site Development Plan in accordance with this Code.
***
SECTION 5.08. - TEMPORARY USES
***
Table 5.08.010: Temporary Uses
Specific
Use AG RE RL RS TF TH MF
1
MF
2 MH CN C1 C3 OF BP IN PF MUDT MU Notes
***
Temporary
Mobile or
Outdoor
Food
Vendor
- - - - - - - - - - -L L - L L L L L A
Page 42 of 78
Mobile Food Vendors *** DRAFT ***
UDC Amendment No. 1 Printed on Jul. 27, 18
Page 3 of 5
Specific
Use AG RE RL RS TF TH MF
1
MF
2 MH CN C1 C3 OF BP IN PF MUDT MU Notes
Transient
Mobile or
Outdoor
Food
Vendor
L L L L L L L L L L J
***
***
Sec. 5.08.020. - Temporary Use Limitations.
***
A. Seasonal Product Sales, /Temporary Farmer's Market, /and Temporary Mobile or Outdoor
Food Vendor.
1. Seasonal Product Sales, Temporary Farmer's Markets, and Temporary Mobile or Outdoor
Food Vendors shall meet the requirements and follow the procedures of Section 3.11 of
this Code.
2. Temporary Mobile or Outdoor Food Vendor is permitted in accordance with Table
5.08.010 and subject to the following additional standards and limitations:
a. The Mobile or Outdoor Food Vendor shall be secondary to an existing primary use on
the property.
b. No more than three (3) Mobile or Outdoor Food Vendors shall be permitted on the
property.
c. Mobile or Outdoor Food Vendor(s) shall be in operation and opened to the public
during the primary use’s hours of operation.
d. Mobile or Outdoor Food Vendor(s) may connect to City approved electric. Connection
to water or wastewater services shall not be permitted.
e. Amenities including but not limited to restrooms, tables, chairs and shade structures
may be permitted on the property subject to compliance with this Code.
f. Parking shall be provided in accordance with Chapter 9 of this Code.
g. No Mobile or Outdoor Food Vendor shall be located on a required parking space or
loading area.
Page 43 of 78
Mobile Food Vendors *** DRAFT ***
UDC Amendment No. 1 Printed on Jul. 27, 18
Page 4 of 5
h. All Mobile or Outdoor Food Vendors, amenities and other site improvements shall be
identified on the Temporary Use Permit in accordance with this Code.
i. The Temporary Use Permit for the property may be valid for a period not to exceed
one (1) year. Renewal of the Temporary Use Permit shall not be permitted.
***
J. Transient Mobile or Outdoor Food Vendor.
Transient Mobile or Outdoor Food Vendor is permitted in accordance with Table 5.08.010 without
approval of a permit and subject to the following standards and limitations:
1. The Mobile or Outdoor Food Vendor shall be accessory to an existing primary use on the
property, and may only be placed on the property Thursday through Sunday. No Mobile
or Outdoor Food Vendor shall be permitted on the property Monday through
Wednesday.
2. No more than two (2) Mobile or Outdoor Food Vendors shall be permitted on the
property.
3. Mobile or Outdoor Food Vendor(s) shall be in operation and opened to the public during
the primary use’s hours of operation.
4. Connection to electric, water and wastewater services shall be prohibited.
5. Amenities including but not limited to restrooms, tables, chairs and shade structures shall
be prohibited.
6. Parking shall be provided in accordance with Chapter 9 of this Code.
7. No Mobile or Outdoor Food Vendor shall be located on a required parking space or
loading area.
8. Mobile or Outdoor Food Vendor shall meet the lot and dimensional standards of the
zoning district.
***
***
Chapter 16 - DEFINITIONS
***
Page 44 of 78
Mobile Food Vendors *** DRAFT ***
UDC Amendment No. 1 Printed on Jul. 27, 18
Page 5 of 5
SECTION 16.02. – DEFINITIONS
***
Mobile or Outdoor Food Vendor. A vehicle-mounted food service establishment that is designed
to be readily movable, including push carts, mobile kitchens, hot dog carts, pretzel wagons,
concession trailer, etc. Foods are limited to prepackaged or commissary prepared food unless the
unit is equipped and approved by the County Health District (WCCHD) to handle food
preparation. Any unit that requires direct hand contact with the food shall have a hand washing
sink.
Mobile or Outdoor Food Vendor, Permanent. A Mobile or Outdoor Food Vendor that is a
primary use of a property. This may include a single Mobile or Outdoor Food Vendor, or a Mobile
Food Park consisting of two (2) or more Mobile or Outdoor Food Vendors.
Mobile or Outdoor Food Vendor, Temporary. A Mobile or Outdoor Food Vendor that
supplements and is secondary to an existing business located on the same property.
Mobile or Outdoor Food Vendor, Transient. A Mobile Food Vendor that locates temporarily on
a property with an existing business, in accordance with the standards of this Code.
***
Page 45 of 78
City of Georgetown, Texas
Unified Development Code Advisory Committee
August 8, 2018
SUBJECT:
Presentatio n and dis c us sion regard ing propo s ed amend ments to Sectio n 13.08 of the Unified Develo p ment
Code (UDC) regard ing P arkland Ded icatio n requirements (Amendment No. 3). Kimb erly Garrett, Parks
and Rec reatio n Direc tor, and Andreina Dávila-Quintero, AICP, Current Planning Manager
ITEM SUMMARY:
Parkland d edic ation is o ne o f the many stand ard s a municipality may imp os e fo r all res id ential sub d ivisions
and d evelopment of land within its juris d iction to promote the health, safety, morals , or general welfare, as
well as the s afe, orderly, and healthful d evelo p ment of the munic ip ality. This is ac complished by ens uring
that new resid ential develo p ment is ad eq uately s erved by essential p ublic fac ilities and services, includ ing
p ark and recreational fac ilities. Development s eeking or req uiring p ublic fac ilities mus t b e in ac cordance
with the Co mprehens ive P lan, to includ e the P arks Mas ter Plan and Regional Trail Mas ter Plan, and meet
the minimum s tandards o f the Unified Develo p ment C o d e (UDC).
To continue with thes e goals and p o licies, the C ity C o uncil d irected staff to review and up d ate the UDC’s
s tand ard s and c urrent parkland d ed icatio n requirements as p art o f the 2016 and 2018 UDC Annual Review
p ro cesses. The p urpos e o f this amendment is to inc o rp o rate needed changes and recommend ations from
the Parks and R ec reatio n Ad visory Board to ens ure cons is tency with the Parks Mas ter Plan.
Proposed Amendments:
Proposed changes to the UDC includ e an inc reas e in the fee in lieu of p arkland d ed icatio n fee to reflec t real
land values ; inc lus io n o f a p ark imp ro vement fee s o that the cost of b uilding the p ark is on the res id ential
d eveloper rather than the City; and allo wing partial c red it fo r private neighbo rhood p arks meeting certain
criteria. Attachment I outlines a s ummary of the p ro p o s ed UDC amend ments .
FINANCIAL IMPACT:
None studied at this time.
SUBMITTED BY:
And reina Dávila-Quintero , AICP, Current Planning Manager
ATTACHMENTS:
Description Type
Attachment 1 - Summary of Propos ed Amendments Backup Material
Sec 13.08 Parkland Dedication Requirements DRAFT 08.02.2018 Backup Material
Page 46 of 78
Summary of proposed changes to Parkland Dedication Requirements (UDC Section 12.08)
As of June 5, 2018
UDC Section General Topic Requirement Current UDC
Requirement Proposed UDC Change
12.08 Parkland
Dedication
Parkland Fee in lieu
of land dedication
$200/unit for MF
$250/unit for SF
$500 per unit for both SF and
MF
12.08 Parkland
Dedication
Parkland
Improvement Fee
Not Applicable $1,500 per unit or option to
install improvements
12.08 Parkland
Dedication
Private Park Credit Not Applicable Up to 50% credit provided
certain criteria are met.
12.08 Parkland
Dedication
Design Standards Parkland may not be
accepted when:
Accessed primarily by
cul de sac
Encumbered by utility
easements
Encumbered by sensitive
environmental features
12.08 Parkland
Dedication
Park Benefit Zones 19 zones 4 benefit zones – direct
benefit to service area or
used in a community or
regional park
12.08 Parkland
Dedication
Floodplain Along SG River –
partial fulfilment –
could be 99%
All others – up to
50%
Up to 50%, with at least 3
acres out of floodplain –
must have 200 feet of street
frontage
12.08 Parkland
Dedication
Parkland Fund Expend funds in 5
years
Expend funds in 10 years
12.08 Parkland
Dedication
Dedication of
parkland
City required to
accept parkland if
over 3 acres
City has option to accept, but
not required
12.08 Parkland
Dedication
Parkland Approval Parks Board
recommends to P&Z
and City Council
Meets requirements, the
Director can approve. Add
language consistent with
current practice
Appeal decision to Parks
Board
Page 47 of 78
Parkland Dedication Requirements *** DRAFT ***
UDC Amendment No. 3 Printed on Aug. 2, 18
Page 1 of 7
SECTION 13.08. – PARKLAND
Note: Section 13.08, Parkland, is being revised in its entirety and replaced with a new Section 13.08,
Parkland.
Sec. 13.08.010. - Purpose
The purpose of this Section is to provide parks, open spaces, and trails that implement the
Georgetown Parks, Recreation and Trails Master Plan. The Georgetown City Council has
determined that parks, open spaces and trails are necessary and in the public welfare, and that
the adequate procedure to provide for same is by integrating standards into the procedures for
planning and developing property.
Sec. 13.08.020. - Applicability
The provisions of this section shall apply to the development of a tract of land for any residential
use of five (5) or more lots or dwelling units within the city limits and the extraterritorial
jurisdiction (ETJ). For the purposes of this Section, lots and dwelling units are interchangeable for
determining the Parkland dedication requirements.
Sec. 13.08.030. - Requirements for Parkland Dedication and Park Development
A. Dedication of Public Parkland Required.
1. A developer of a tract of land for residential use of 5 or more lots shall set aside and
dedicate to the public sufficient and suitable land for the purpose of public Parkland,
and/or make a financial contribution in lieu of said dedication in accordance with the
provisions of this Section.
2. Where a developer proposes to develop one hundred (100) or fewer lots and where no
future phasing is proposed, the payment of fees in-lieu shall be required.
3. When the developer proposes to pay an in-lieu-fee as provided for below, the City may
accept such payment as satisfying the Parkland dedication requirements of this Code,
except that the City reserves the right to require the dedication of land for public park
purposes in accordance with this Section when two (2) or more acres of land would be
required to satisfy the Parkland dedication requirements of this Code.
B. Formula for Calculating Amount of Parkland
The acreage of public parkland required shall be equal to one (1) acre for each fifty (50)
dwelling units, or a fee-in-lieu established in the annual fee schedule that is based on a
recommendation by the Parks and Recreation Board and approved annually by the City
Council.
C. Park Development Fee
Page 48 of 78
Parkland Dedication Requirements *** DRAFT ***
UDC Amendment No. 3 Printed on Aug. 2, 18
Page 2 of 7
1. In addition to the dedication of public Parkland, a developer shall pay a Park
Development Fee to ensure that the land will be sufficiently developed for park use. The
park development fee amount is established in the annual fee schedule that is based on a
recommendation by the Parks and Recreation Board and approved by City Council.
2. The Parks and Recreation Director may allow an applicant to construct recreational
amenities on public parkland in lieu of paying the Park Development Fee required by this
subsection. When construction of recreational amenities is proposed, all recreational
amenities shall comply with the Design Standards for Parkland outlined in Section
13.08.040 and applicable standards of this Code.
D. Credit for Private Parks
1. Where privately owned and maintained parks or other recreational facilities with non-
exclusive private amenities are proposed for a single or two-family residential
subdivision, the Parks and Recreation Director, after recommendation from the Parks and
Recreation Board, may grant a credit of up to fifty percent (50%) of the required public
parkland dedication and park development fee.
2. Privately owned parks or recreational facilities shall be owned and managed by
mandatory Homeowners Association (HOA), or similar permanent agency, and subject
to restrictive covenants that state the following:
a. The land shall be utilized for parkland or open space in perpetuity.
b. Each property owner within the subdivision encumbered by the restrictive covenants
shall be required to pay dues and/or special assessments for the maintenance of the
private park or recreational facility.
c. If the responsible agency dissolves, cannot fulfill its obligations or elects to sell,
transfer or otherwise divest itself of the land, the City shall have the right of first
refusal on acquiring the property. If the City elects to acquire the land, said land shall
be transferred at no cost to the City and in accordance with Subsection (F), Approval
Process and Method of Dedicating Parkland, below.
d. The dissolution of the private park or recreational facility shall be prohibited until
such time as the declarant cedes control of the responsible agency to purchasers of
properties within the subdivision, and then only upon amendment to the restrictive
covenants approved by ¾ of the members of the responsible agency.
Sec. 13.08.040. - Design Standards for Parkland.
Page 49 of 78
Parkland Dedication Requirements *** DRAFT ***
UDC Amendment No. 3 Printed on Aug. 2, 18
Page 3 of 7
A. Any land to be dedicated to meet the requirements of this Section shall be designed and
located in accordance with the following standards and requirements:
1. The land proposed to be dedicated shall form a single lot with a minimum area of three
(3) acres. The Parks and Recreation Director may approve a reduction of the minimum lot
area if it is determined that a smaller lot would be in the public interest or that additional
contiguous land will be reasonably available for dedication to or purchase by the City.
2. The lot shall be centrally located within the development, when practicable. Where
existing or accepted public parkland is located adjacent to the development, the lot may
abut the existing or accepted public parkland provided it results in the creation of a larger
park as approved by the Parks and Recreation Director.
3. The lot shall have a minimum lot width and street frontage of 200 feet. When practicable,
a 200-foot by 200-foot corner lot at the intersection of two roadways is preferred.
4. The lot shall be suitable for public parks and recreation activities.
a. Grade/Slope Requirements: Fifty percent (50%) of the lot shall not exceed a twenty
percent (20%) grade.
b. Utilities Required: A minimum of two-inch water service line and six-inch gravity
sewer service line shall be provided at one of the property lines.
c. Access Required: A sidewalk in accordance with Section 12.07 of this Code shall be
provided along all street frontages.
5. Areas within the 100-year floodplain may be dedicated in partial fulfillment of the
dedication requirement not to exceed fifty percent (50%), provided the dedication
includes the entire 100-year floodplain or a minimum of 200 feet measured from the center
line of a stream, whichever is greater. When applied, the 25-year floodplain shall not be
credited towards the requirements of dedication.
6. Lots with the following conditions shall not be accepted unless approved by the Parks
and Recreation Board:
a. The lot is primarily accessed by a cul-de -sac.
b. The lot is encumbered by utility easements or similar encumbrances.
c. The lot is encumbered by sensitive environmental features or species.
B. Alternative Design Standards
Page 50 of 78
Parkland Dedication Requirements *** DRAFT ***
UDC Amendment No. 3 Printed on Aug. 2, 18
Page 4 of 7
1. Alternative design standards for parkland may be proposed and submitted to the Parks
and Recreation Director, provided the intent of the requirements of this Section are met.
2. Prior to submitting an application for development, the Applicant shall complete the
following:
a. Provide a letter to the Parks and Recreation Director that details the alternative design
for parkland dedication; and
b. Conduct a site visit with the Parks and Recreation Director to review the proposal.
3. The Parks and Recreation Director shall review the alternative design based on Section
13.08.030, Requirements for Parkland Dedication, and Section 13.08.040 Design Standards
for Parkland, of this Code, and make a recommendation to the Parks and Recreation
Board.
4. The Parks and Recreation Board shall consider the alternative design and approve,
approve with conditions, or deny the request.
5. The applicant may appeal the decision of the Parks and Recreation Board to the City
Council. The decision of the City Council shall be considered final.
13.08.050. Method of Dedicating Parkland
A. Dedication of Land and Park Development Fee
1. Land to be dedicated for public parkland shall be identified on the Preliminary Plat, Final
Plat, and Subdivision Construction Plans. When construction of recreational amenities is
proposed, all amenities shall be identified on the Site Development Plan.
a. Fiscal surety in the amount equal to the Park Development Fee shall be provided prior
to approval of Site Development Plan for the recreational amenities.
2. Prior to acceptance of the public parkland, the following conditions shall be met:
a. Land shall be in good and standing condition, including the removal of all debris and
dead plant materials, established vegetation, and installed utility services. Any land
disturbed by activities not related to park development shall be restored and the soil
stabilized in a method approved by the Parks and Recreation Director in accordance
with the requirements of this Code.
Page 51 of 78
Parkland Dedication Requirements *** DRAFT ***
UDC Amendment No. 3 Printed on Aug. 2, 18
Page 5 of 7
b. Parkland Development Fee shall be paid. When construction of recreational amenities
is approved, recreational amenities shall be constructed and accepted by the City.
3. Prior to recordation of the Final Plat, the following conditions shall be met:
a. Land accepted for dedication under the requirements of this Section shall be conveyed
by warranty deed, transferring the property in fee simple to the City of Georgetown,
Texas, and must be free and clear of any mortgages or liens at the time of such
conveyance.
b. A copy of the warrantee deed, and other parkland dedication documents as outlined
in the Development Manual shall be provided to the Director of Parks and Recreation.
4. When the developer proposes to pay an in-lieu-fee as provided for in this Section, no Final
Plat may be recorded or Site Development Plan approved, as applicable, until payment
has been accepted by the City.
B. Alternative Dedication Options
1. Phased development, including deferment of parkland dedication may be permitted
under the following circumstances:
a. When the required public parkland is not included in the first phase of the
development, the first phase may be approved provided that fee-in-lieu of dedication
is paid for the number of lots within that phase. In this event, the fee paid may be
credited towards the required Park Development Fee for the subsequent phase(s) of
the development.
b. The required public parkland shall be included in the subsequent phase of the
development.
2. In certain circumstances as determined by the Parks and Recreation Director, a
development may propose dedication of land located outside the development to meet
the provisions of this Section. In this event, the land proposed to be dedicated must be
located within the same benefit zone as the development.
13.08.060. Park Fund Established
A. A separate fund entitled "Park Fund" has been created to hold in trust money paid to be used
solely and exclusively for the purpose of purchasing and/or improving public parks and
recreational lands, and shall never be used for maintaining or operating park facilities or for
any other purpose.
Page 52 of 78
Parkland Dedication Requirements *** DRAFT ***
UDC Amendment No. 3 Printed on Aug. 2, 18
Page 6 of 7
B. The City Council, based upon the recommendations of the Parks and Recreation Board, shall
determine that there are sufficient funds to acquire usable Parkland or fund improvements.
In making a determination for the acquisition of land, the conditions of Section 13.08.040,
Design Standards for Parkland, of this Code shall be taken into consideration.
C. Any funds paid in-lieu of the Parkland dedication requirements must be expended by the
City within ten (10) years from the date received. If the City does not expend the fee by the
required deadline, the owners of the property may request a refund under the requirements
of this subsection.
1. The owners of such property must request in writing such refund within one (1) year of
the entitlement or such right shall be waived. Said refunds shall be paid within ninety (90)
days of the filing of the request with the Parks and Recreation Director.
2. A refund may only be provided for the unbuilt lots for which a fee-in-lieu of dedication
was paid.
3. Where fees are received in lieu of land dedication, the fees shall be expended on a
neighborhood park located in the benefit zone where the development is located. In the
event there is not a suitable neighborhood park within the benefit zone, the fees collected
shall be expended on the closest community park or regional park.
D. Benefit Zones. Funds shall be expended within the eligible benefit zones for each park type
as shown in Table 13.08.040.B and Figure 13.08.040.C.
Table 13.08.040.B Park Types
Figure 13.08.040.C Parkland Benefit Zones
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.
Page 53 of 78
Parkland Dedication Requirements *** DRAFT ***
UDC Amendment No. 3 Printed on Aug. 2, 18
Page 7 of 7
Page 54 of 78
City of Georgetown, Texas
Unified Development Code Advisory Committee
August 8, 2018
SUBJECT:
Presentatio n and dis c us sion on possible amend ments to UDC S ectio n 13.10, Spec ial Dis tric ts, and Section
3.20, Development Agreements, relating to Munic ipal Utility Dis tric ts (MUD) (Amend ment No . 8). Seth
Gip s o n, Management Analyst, and Andreina Dávila-Quintero, AICP, Current P lanning Manager.
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 and June 25, 2018, City staff provid ed the UDC Ad visory Co mmittee with an explanation of
the revis ions to the City’s Interim MUD P o licy and p ro p o s ed revis ions to Sec tion 13.10 (Creatio n of
Spec ial Dis tricts ) of the Unified Develo p ment Code (UDC) per Counc il’s d irectio n on Marc h 27th. The
new MUD P o licy was appro ved by City Co unc il o n July 24, 2018. The p ro p o s ed amend ments to Chapter
3 and 13 of the UDC are to make it c o nsistent with the new MUD Po licy.
T he purpose of this item is to obtain feedback from the UDC Advisory Committee on proposed changes to
the UDC that reflect the new MUD P olicy based on previous discussions. T he proposed amendments are
attached as Attachment I.
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:
Seth Gip s o n, Management Analyst, and And reina Dávila-Quintero, Current P lanning Manager
ATTACHMENTS:
Description Type
Sec 13.10 Special Dis tricts revis ed redline vers ion 08.02.2018 Backup Material
Propos ed Changes to UDC relating to Special Dis tricts (Sec 3.20,
3.26, 13.10 and 16.02)
Backup Material
Development Manual - Propos ed Application Checklis t Backup Material
Page 55 of 78
Special Purpose Districts (i.e. MUDs) *** DRAFT ***
UDC Amendment No. 8 Printed on Aug. 2, 18
SECTION 13.10. - CREATION OF SPECIAL PURPOSE DISTRICTS
Note: Section 13.10, Creation of Special Districts, is being revised in its entirety and replaced with a new
Section 13.10, Creation of Special Purpose 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 ("districtsDistricts"), 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 districtsDistricts, 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;
• Promote enhanced parks, trails, and recreational amenities for the enjoyment of residents;public.
• 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;
• 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 districtsDistricts that might
otherwise detrimentally compete with the City's utility systems;
Page 56 of 78
Special Purpose Districts (i.e. MUDs) *** DRAFT ***
UDC Amendment No. 8 Printed on Aug. 2, 18
• 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.
• To Aassist in closing the financial gap when a unique development is seeking to exceed
minimum standards, provide a robust program of amenities, and where substantial off-site
infrastructure improvements are required that would serve the proposed district and
surrounding properties.
Sec. 13.10.020. - DefinitionsApplicability.
See Chapter 16, Definitions.
The provisions of this section shall apply to the creation of a Special Purpose District for
property located within the city limits and the extraterritorial jurisdiction (ETJ).
Sec. 13.10.030. - Prerequisites to Consent to Creation of a District.
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 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.
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 fifty percent (50%) 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.
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Sec. 13.10.040. - 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, 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 build-out 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;
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
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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, build-out schedule, estimated
population on total build-out, 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.
Sec. 13.10.050030. - 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 parksland, trails, recreation amenities, 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. The City shall be the exclusive provider of water, sewer, and electric utilities
where it is located within the City’s single or municipal certificated service area. Further,
the district or applicant shall agree that the City is the exclusive provider of solid waste
when in 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.
C. 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:
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1. Maximum maturity of 20 years for any one series of bonds;
2. 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;
3. 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. 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.
D. The City shall require the following information with respect to bond issuance:
1. At least 6030 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 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 6030 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. 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:
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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 fire
stations, roads, parks, trails, recreational amenities, and/or other capital
improvements that are mutually agreed upon by the City Council and the applicant.
F. 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. Development within the district shall be consistent with the City's Comprehensive Plan.
H. No district shall include land in more than one city's Extraterritorial Jurisdiction.
I. 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:
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.
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J. At least 3060 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. 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. No land shall be annexed by the district without prior City Council approval.
M. 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. 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
districtsDistricts or seek additional governmental powers that were beyond its statutory
authority at the time the district was created, without prior City Council approval.
O. 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 finance infrastructure, retire
bond debt or for other purposes acceptable to the City.
P. The district shall not issue any bonds other than those authorized by the consent
agreement without City Council approval.
Q. 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. 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. The district shall, send a copy of its annual audit to the City Secretary, and the City
Manager within 30 days after approval.
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T. 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.
U. 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.
V. Construction of capital improvements or fee-in-lieu for facilities such as fire stations and
recreational amenities shall be encouraged.
W. Sharing of fire stations, recreational amenities, and other capital improvements by the
City and the district shall be encouraged. Land shall be dedicated, when deemed
necessary, to enhance public safety and optimize locations for service delivery.
X. 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 (five parts per million ("ppm")
biochemical oxygen demand; five 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.
Y. 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.
Z. Upon the recommendation of the Development Engineer or designee tThe City
mayshall require the district to complete a traffic impact analysis pursuant to Section
12.095 of this Code.
AA. 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 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.
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AB. 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.
AC. 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.
Sec. 13.10.060040. - 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 an ETJthe district. The fee shall be calculated as
followsoutlined in the Municipal Utility District (MUD) Policy: .
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 = $2,819.92
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SECTION 3.20. - DEVELOPMENT AGREEMENT
Sec. 3.20.010. - Applicability.
***
B. This section shall apply to any new agreement and any amendments thereto, as well as to any
amendments to an existing Development Agreement, agreements regarding municipal utility districts
or any other special districts as defined in Section 13.10 of this UDC.
***
***
Note: New section 3.26, Request for Creation of a Special Purpose District is hereby created as follows:
SECTION 3.26. REQUEST FOR CREATION OF A SPECIAL PURPOSE DISTRICT
Sec. 3.26.010. - Applicability.
The review process in this section establishes the process and procedures for requesting a Special
Purpose District in accordance with Section 13.10 of this Code.
Sec. 3.26.020. - Review Process.
A. Initiation.
Initiation of a request for the creation of a Special Purpose District may be made upon application
of a property owner or their authorized agent.
B. Application for Completeness Determination.
The applicant shall provide a complete application with the material and supporting information
outlined in the Development Manual. The Planning Director is responsible for checking that a
complete application has been submitted with all material necessary for the City Council to
render an informed decision.
C. Staff Review.
1. Upon receipt of a complete application, the cross-departmental “Special Purpose District
Petition Review Team” shall analyze the proposed development and its potential impact
on facilities and services. The Special Purpose District Petition Review Team shall be
comprised, at a minimum, of members of the Planning, Utility, Finance, Parks and
Recreation, Public Safety departments and the City Attorney’s Office. .
2. The Special Purpose District Petition Review Team shall review the application, consider
the approval criteria, and assign a Case Manager to lead the review and prepare a report
to the Planning and Zoning Commission and/or appropriate board or commission and
City Council.
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3. Review of a request for a Special Purpose District within the city limits shall be reviewed in
conjunction with a zoning request for a Planned Unit Development District demonstrating
enhanced development standards and consistent with applicable City policies adopted by the City
Council.
4. Review of a request for a Special Purpose District within the within the extraterritorial jurisdiction
(ETJ) shall be reviewed in conjunction with terms for enhanced development standards and
consistency with applicable City policies adopted by the City Council.
D. Board or Commission Review.
The Planning and Zoning Commission or other appropriate board or commission, shall hold
a Public Hearing, and make a recommendation to the City Council.
E. City Council Final Action.
1. The City Council shall hold a Public Hearing and render a final decision on the request
for a Special Purpose District.
2. All outstanding application, staff, and legal fees shall be paid in full to the City prior to
the approval of a Special Purpose District.
Sec. 3.26.030. - Approval Criteria.
The City Council shall consider the following approval criteria when reviewing a request for the creation
of a Special Purpose District:
A. The request is consistent with Section 13.10, Creation of Special Purpose Districts;
B. The request is consistent with all applicable City policies as adopted by the City Council; and
C. The request supports the following objectives:
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;
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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) contribute financially to cover a portion of infrastructure
expenses without reimbursement by the Special Purpose District or the City; and
7. Annexation. When applicable, the development will not impair the City’s future
annexation of the Special Purpose District or adjacent property, or impose costs not
mutually agreed upon.
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SECTION 13.10. - CREATION OF SPECIAL PURPOSE DISTRICTS
Note: Section 13.10, Creation of Special Districts, is being revised in its entirety and replaced with a new
Section 13.10, Creation of Special Purpose Districts.
Sec. 13.08.010. - Purpose
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.
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;
• Promote enhanced parks, trails, and recreational amenities for the enjoyment of public;
• 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;
• Issuance of bonds by the District;
• 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;
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• Provide a procedural framework for responding to an application seeking the City's consent
to the creation of a District;
• Assist in closing the financial gap when a unique development is seeking to exceed
minimum standards, provide a robust program of amenities, and where substantial off-site
infrastructure improvements are required that would serve the proposed District and
surrounding properties.
Sec. 13.10.020. - Applicability
The provisions of this section shall apply to the creation of a Special Purpose District for property
located within the city limits and the extraterritorial jurisdiction (ETJ).
Sec. 13.10.030. - 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 parks, trails, recreation amenities, 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. The City shall be the exclusive provider of water, sewer,
and electric utilities where it is located within the City’s municipal certificated service area.
Further, the Special Purpose District or applicant shall agree that the City is the exclusive
provider of solid waste when located in 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.
C. 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. 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;
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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, without
premium. No variable rate bonds shall be issued by a District without City Council
approval; and
3. 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.
D. The City shall require the following information with respect to bond issuance:
1. At least 60 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 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 60 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.
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. 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;
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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 fire stations,
roads, parks, trails, recreational amenities, and/or other capital improvements that are
mutually agreed upon by the City Council and the applicant.
F. 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.
G. Development within the District shall be consistent with the City's Comprehensive Plan.
H. No District shall include land in more than one city's Extraterritorial Jurisdiction.
I. 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:
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. At least 60 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,
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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. 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. No land shall be annexed by the District without prior City Council approval.
M. 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. 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. 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 finance infrastructure, retire bond debt or for other purposes
acceptable to the City.
P. The District shall not issue any bonds other than those authorized by the consent agreement
without City Council approval.
Q. 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. 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. The District shall, send a copy of its annual audit to the City Secretary, and the City Manager
within 30 days after approval.
T. 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.
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Special Purpose Districts (i.e. MUDs) *** DRAFT ***
UDC Amendment No. 8 Printed on Aug. 2, 18
Page 6 of 7
U. 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.
V. Construction of capital improvements or fee-in-lieu for facilities such as fire stations and
recreational amenities shall be encouraged. W. Sharing of fire stations, recreational
amenities, and other capital improvements by the City and the District shall be encouraged.
Land shall be dedicated, when deemed necessary, to enhance public safety and optimize
locations for service delivery.
X. 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 (five parts per million ("ppm") biochemical oxygen
demand; five 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.
Y. 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.
Z. Upon the recommendation of the Development Engineer or designee the City may require
the District to complete a traffic impact analysis pursuant to Section 12.09 of this Code.
AA. 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 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.
AB. 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.
AC. 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.
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Special Purpose Districts (i.e. MUDs) *** DRAFT ***
UDC Amendment No. 8 Printed on Aug. 2, 18
Page 7 of 7
Sec. 13.10.040. - 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 an ETJ District. The fee shall be calculated as outlined
in the City’s Municipal Utility District (MUD) Policy, as amended.
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Special Purpose Districts (i.e. MUDs) *** DRAFT ***
UDC Amendment No. 8 Printed on Aug. 2, 18
Page 1 of 1
SECTION 16.02. - DEFINITIONS
The following definitions describe terms found in this Code.
***
Bond. A sealed instrument under which a person or entity is obligated to pay an agreed-upon
amount of money on or before a specified expiration date or action. Binding security; firm
assurance.
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.
***
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.
***
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.
***
Special Purpose 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.
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Special Purpose Districts (i.e. MUDs) *** DRAFT ***
UDC Amendment No. 8 Printed on Aug. 2, 18
UDC Development Manual Georgetown, Texas Application Fee Schedule
Revised: TBD www.georgetown.org Page 1 of 2
Creation of a Special Purpose District Checklist
This Checklist is intended to provide the information and data that is necessary to assess the merits of the project
proposal. Please note that this Checklist is intended to assist developers and design professionals in the preparation
of submittals for review and is generally what is needed to facilitate the review of the project. A request for the creation
of a Special Purpose District requires the review of a review team in accordance with UDC Section 3.26.
Submission of this application and completion of this checklist confirms that the applicant understands that additional
fees for staff time and legal fees will apply prior to consideration by the appropriate review body.
Digital Submission Requirements
The City of Georgetown utilizes a digital review system called MyPermitNow, which requires certain digital submittal
standards. For more detailed information and troubleshooting, please review the separate MyPermitNow User Guide
available at https://planning.georgetown.org/mypermitnow/.
Submittal Documents
The following is grouped into the electronic documents that will be required for submittal. The bulleted list below
each document heading shows the individual items that are to be combined to form that PDF document in the order
that they are to be combined. The wording in italics is the name that particular PDF document must be given to
expedite the intake of your application. Please review the Detailed Information section of this form for help in
preparing each of these items.
☐ PDF Document 1: Application Information
• Master Application Form
• Submittal Authorization Form (provided at Pre-application meeting)
• Creation of a Special Purpose District Checklist
☐ PDF Document 2: Proposal
• Letter of Intent, including whether the district is proposed to be in the City’s corporate limits or ETJ, and
explanation as to how the request meets the approval criteria outlined in UDC Section 3.26
• Engineering report showing:
o Preliminary water availability study
o Preliminary wastewater treatment availability
o Preliminary drainage study; and
o Preliminary road study for any roads proposed to be reimbursed by bonds.
• Preliminary cost estimates for water, wastewater, drainage, or road facilities or projects, parks, trails, and
recreational amenities, and any other facilities that are proposed 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; parks, trails, and recreational amenities, and any other district facilities;
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Special Purpose Districts (i.e. MUDs) *** DRAFT ***
UDC Amendment No. 8 Printed on Aug. 2, 18
UDC Development Manual Georgetown, Texas Application Fee Schedule
Revised: TBD www.georgetown.org Page 2 of 2
• Information concerning provision of firefighting 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;
• Traffic study identifying potential impacts on:
o 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 the City’s ETJ.
o 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;
o 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,
build-out schedule, estimated population on total build-out, and map of the area;
o Such other information as City staff may reasonably require to analyze the need for the proposed facilities
and the development's potential impact; and
o Any proposed City consent agreements.
• A detailed project pro-forma with assumptions of different tax rates and homes at various price points,
• 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.
• 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.
• 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.
• Documentation that all lien holders consent to the formation of the proposed MUD.
Page 77 of 78
City of Georgetown, Texas
Unified Development Code Advisory Committee
August 8, 2018
SUBJECT:
Update on the 2018 UDC Annual Review Plan, S c hed ule and Next Step s . And reina Dávila-Quintero, AICP,
Current Planning Manager
ITEM SUMMARY:
The p urpose of this item to provid e an up date on the UDC Annual Review P lan, tentative sc hedule and
next s teps. In ad d ition, City Staff and memb ers of the UDCAC will disc uss the tas ks identified at the
p revious meeting, as well as new tasks to be c o mp leted fo r the next meeting. Feedbac k and informatio n
received on eac h tas k will b e incorporated when related UDC topic s are s cheduled and presented fo r
d is cus s io n.
FINANCIAL IMPACT:
None at this time.
SUBMITTED BY:
And reina Dávila-Quintero , AICP, Current Planning Manager
Page 78 of 78