BUDA — On June 29, the city of Buda issued a response to letters mailed by MileStone Community Builders to residents regarding the proposed Persimmon project located off RM 967.
According to the city, the letter “attempted to paint the city of Buda as unreasonable in its negotiations with MileStone on the terms of the project.”
“The reality is that the city of Buda has spent countless hours reviewing this project and has negotiated in good faith with MileStone to create a project that preserves the best interests of Buda,” the city’s response stated. “The city has been working to negotiate a development with MileStone that protects Buda’s water supply and natural environment, develops future park amenities and trails, provides roadway infrastructure to improve traffic flow and mobility and that increases the variety of housing options available in Buda.”
The city adopted a term sheet on Sept. 20, 2022, outlining the terms and conditions the city would like to see incorporated into a development agreement. While MileStone has agreed to some of the terms, negotiations “remain far from settled in certain areas. The city council continues to deliberate on the project and the terms presented by MileStone,” the city of Buda letter said.
Some of the terms that the city continues to pursue as part of the development include the following:
• Density and Lot Sizes: the city is pushing for a mixture of lot sizes, including larger lot options (80-feet-wide lots) and less density to match the rural feel of the surrounding neighborhoods. The city is seeking to cap the maximum number of dwelling units on the site and limit the number of multifamily units that can be constructed.
• Transportation Improvements: the city is negotiating terms related to the timing of needed roadway infrastructure to ensure improvements are added in a timely matter to meet the increased traffic demands.
• Tree Mitigation: the city seeks to enforce the city’s tree protections onto this project to ensure that as many trees on the site as possible can be saved.
Should these terms be met, the city provisions include: a consent to the creation of a PID; a consent to the creation of a TIRZ; and the city will provide water and wastewater services to the entire project. (To read the term sheet, visit bit.ly/3JBiFPa.)
“MileStone notes in their recent letter that, if necessary, they will move the project along without the support and approval of the city of Buda,” the city stated, noting that in Texas, landowners and developers “have rights far beyond the control of municipalities. Cities previously had the ability to annex areas of land in order to apply zoning standards consistent with the values of the community.”
In 2017, the Texas Legislature stripped cities of this ability, requiring all annexations into a city to be voluntary. This right was further eroded with the passage of S.B. 2038 this year, affecting a city’s ability to shape its future and manage growth.
The Persimmon project is currently located in the city of Buda’s extraterritorial jurisdiction (ETJ), a buffer around the city limits. Under state law, cities have limited control in the ETJ and can enforce subdivision standards, but not zoning.
Under S.B. 2038, property owners can now file a letter with the city and be removed from its ETJ, removing any control by a city. According to the city, MileStone has submitted such a letter to Buda and the property will be removed from the city of Buda’s ETJ unless the city and MileStone agree to terms of a development agreement.
“Without city of Buda oversight on the project, MileStone may develop as a Hays County project or seek to become part of the city of Austin’s ETJ, developing under Austin’s standards and potentially receiving water and wastewater from the city of Austin,” the city stated, noting that counties do not have zoning authority under Texas state law and have limited ability to regulate a project. So long as MileStone meets certain state requirements, it would be able to develop single family housing, multifamily housing or even heavy industry use that “may negatively affect neighboring Buda residents. If a development agreement is adopted by both parties, the number of multifamily units and other uses that would be allowed on the site can be controlled. Without a development agreement, MileStone indicated that [it intends] to build upwards of 1,000 multifamily units in addition to single family housing.”
The city added that MileStone also recently filed a petition with TCEQ to form a municipal utlity district (MUD) for the Persimmon site to pay for and develop its own water and wastewater solutions independent of the city of Buda.
“The city of Buda continues to work with MileStone to find a mutually agreeable development plan that protects the interests of Buda,” the city said.
According to MileStone President and CEO Garrett Martin, MileStone is “encouraged that the city council is responding.”
“Since they tabled the issue in October, we have been anxious to discuss the project with them and determine a mutually beneficial path forward,” he said, noting that the company has worked hard to accommodate the demands of the city. “We have gone above and beyond to accommodate the city council’s wishes while still maintaining a financially feasible development plan. We’ve said yes far more than we’ve said no. What has been disappointing is the lack of responsiveness and communication from the city council. Their decision to table the issue and ‘deliberate’ for nine months has been an expensive, frustrating and unsustainable tactic. We want to work with the city of Buda, but we just cannot wait any longer.”
Martin added that since MileStone began working on this project approximately six years ago, communication with residents has been one of its highest priorities. The company has held community sessions to gain feedback, answer questions and respond to concerns.
“In keeping with that commitment, it was important to us that residents understand the significance of the decision in front of the city council and to communicate clearly that inaction would require us to pursue other options,” the CEO and president said. “We firmly believe residents would prefer for the city of Buda keep the Persimmon land in its ETJ, maintain its governance rights, receive the enormous benefits of privately funded traffic relief and new revenue for the city, but that requires a decision from the city council. I am hopeful and optimistic we will come to an agreement that will be great for the city of Buda. I know the city council wants to do what’s right for the community. We want that, too.”
To learn more about the proposed project and to review frequently asked questions, visit bit.ly/44rMHgC. Any questions or input should be directed to communications@budatx.gov.
Residents may also contact Martin at garrett@mymilestone.com “to encourage MileStone to agree to the terms outlined by the city council to create a project that fits the character of Buda,” the city said.
City of Buda responds to MileStone letters regarding controversial Persimmon project
BUDA — On June 29, the city of Buda issued a response to letters mailed by MileStone Community Builders to residents regarding the proposed Persimmon project located off RM 967.
- 07/05/2023 08:20 PM
