By Brittany Anderson
BUDA — City leaders are nearing a decision on Persimmon, a 775-acre development being proposed by MileStone Community Builders on the Bailey and Armbruster tracts of land off FM 967.
After returning from an executive session, the Buda City Council approved a term sheet for the development agreement during the regular council meeting on Sept. 20.
The project has gone back and forth between MileStone, city council and the planning and zoning commission, with MileStone hosting information sessions and many in the community voicing their thoughts on the project in between.
However, City Manager Micah Grau noted during the meeting that this vote does not approve or deny the project as a whole, just the term sheet that will be used to craft the development agreement, and that the “final language” is still subject to come through negotiations of a final agreement.
The term sheet consisted of ten items that council is asking to be implemented into the agreement:
• Eminent domain: the agreement will not require the use of the city’s eminent domain (the ability to take private property and convert it into public use).
• Transportation: a Garlic Creek Parkway and FM 1626 connector will be constructed, with no more than 325 residential lots permitted and issued before the completion of Phase 1 of the parkway (two lanes). Additionally, the developer will provide a profile for an economy of scale and buildability analysis of a future bridge on Hunt Road and be responsible for its cost, will reserve land for a future SH 45 extension across the site and complete the construction of the 967 roundabout prior to the issuance of a certificate of occupancy.
• Non-residential/commercial lots: a minimum of 60 acres of developable land within the Buda ETJ will be reserved for non-residential uses (including commercial/public use space) with at least 3.5 acres donated to the city for public uses.
• Residential lots: the development will include a mix of residential lot sizes with a minimum of 30% having a width of at least 60 feet and a minimum of 30% having a width of at least 80 feet. No multi-family lots will be allowed, but single-family attached or townhome-style developments within a condominium regime will be.
• Tree mitigation: the project will fully comply with the city’s tree mitigation requirements, and no permits will be issued on the Armbruster tract until a tree survey is conducted and submitted to the city. The developer will reimburse the city for an arborist to verify the survey’s completion and accuracy.
• Parkland dedication: the project will fully meet or exceed the city’s UDC (unified development code) parkland dedication requirements, including the installation of trails along Garlic Creek and other greenbelts.
• Prairie build: the building of homes prior to public improvements being accepted, which will be considered by the council as proposed by city staff.
• Annexation: the project will be voluntarily annexed into the city of Buda concurrent with the approval of the planned development (PD) zoning, PID (public improvement district) creation and execution of the agreement and PID finance agreement.
• Requirements for Austin ETJ: the developer will continue to support the city of Buda’s request to release the ETJ within the city of Austin; if this occurs, the conditions of the agreement, including voluntary annexation, will apply to the released Austin ETJ portion.
• Aquifer: the developer will conduct and submit a geological report to the city documenting any sensitive aquifer recharge features on the property as part of the preliminary plat.
The city is also looking at consenting to the creation of a PID and TIRZ (tax increment reinvestment zone), and providing water and wastewater services for the entire project.
For months, many residents and even city leaders have voiced opposition to the development, mainly citing traffic concerns in already congested areas and various environmental impacts.
However, some have started to change their tune. MileStone has made it clear that the development will be built regardless if it is approved through the city or not, saying that it has already invested too much time and money into the project over the last several years to turn away.
While some of MileStone’s initial commitments include a 1626 connector, 2,800 single-family only residential units and at least 10 acres for retail, these could change or go away completely if the development is built under the county.
In Texas, property owners have the right to develop their property under county standards without required consent from the city. Counties are required to approve projects under very broad standards.
“As a resident of the area, of course I am not ‘excited’ about the development going in, however, it will go in and it is inevitable,” wrote resident Kelsie Myers in an emailed public comment to council. “We are very aware of the impact such communities have on an area and our city. We truly believe that voting yes will be the best for our community and the long term investment for Buda.”
“It seems like it would be irresponsible to let future developments in Buda be built without Buda involvement and oversight to ensure the city vision is managed and maintained,” resident David Jenkins wrote. “I also strongly encourage the city to put in place whatever means are at its disposal to ensure that the developers are held accountable to the current development agreements and commitments.”
Council is expected to vote on the development agreement during its next regular meeting on Oct. 11.
