OVERSIGHT
City
2,734 Acres of new residential projects requested. 7,467 housing units estimated throughout all of the districts.
Guadalupe County MUD No. 5
Sky Ranch MUD
WESTMEYER RD.
725
1101
Public hearing*
Tabled
City councils have the ability to impose standards agreed to that would reflect requirements imposed if the development was within the city limits, and can vary between different agreements.
299.78
310.33
LONG CREEK BLVD.
1,149
2,346
Municipal Utility District
Development agreement
N
N
Kyndwood MUD
Springen Meadows MUD
This is a local, governmental entity that provides utilities to its residents. Tax revenue can be used to finance the creation of roadways and other services for the district.
Through the development agreement, city officials have the authority to exercise some level of governance over the project on a long- term basis.
46
Public hearing*
CONRADS LN.
Denied
WATSON LN.
196
97.45
35
1,019
362
115
N
N
*HELD ON OCT. 5
Through the agreement, the city is able to Require:
Homes not front onto collector streets unless they have semicircular front driveways with more than one vehicular entrance. No package treatment plants for sewage within the MUD Expiration of the MUD triggers a voluntary annexation request with the city of New Braunfels
Lots of a minimum of 1 acre in size Individual septic systems due to their location over the Edwards Aquifer Recharge Zone Plans and plats within the MUD comply with the city of New Braunfels transportation and trails plans
SOURCE: CITY OF NEW BRAUNFELS/COMMUNITY IMPACT
clearly the city has lots and lots of authority. Their authority is really fairly limited to what they can do. There’s some regulatory authority; there’s really no taxing authority,” he said. The developments in the New Braunfels ETJ that have applied for these special-use districts can be found on all sides of the city’s boundaries, in some cases on the boundaries of the ETJs of other cities, such as Seguin and San Marcos. Regulating the development While a city must give its consent before the MUD may be established—a formal nod that allows the developer to initiate proceedings to create the MUD through the Texas Commission on Environmental Quality—cities typ- ically expect higher standards and practices than what might occur with- out the MUD, at least according to the city of New Braunfels. If a city does not consent within 90 days, state statute allows the property owners 120 days to work directly with utility providers before they appeal to the TCEQ for final consideration. Looney said within the negotia- tions, the city can insert elements of its comprehensive development plan to ensure goals such as landscaping, lot
things—deter- mining who is in charge, as often counties and cities both try to exert con- trol over ETJs, something that developers and eventual res- idents of the
size and density, sidewalk design and other items the city considers import- ant are part of the new developments. “There’ll be some negotiation. Some of the things that we do like to include in the development agreement are requiring the applicant to obtain build- ing permits,” Looney said. Appealing to the TCEQ is the next step for both the Flying W and Gua- dalupe County No. 5 MUDs, which did not get approval after council hearings and city staff negotiations. “We wanted the developer to cut the density, especially in the area above the recharge zone of the Edwards Aquifer,” Brockman said. “None of us think that it’s a good thing for the recharge zone to be covered with lots of impervious cover and concrete and other things.” Changes on the horizon Regulatory authority could change during the 2023 Texas Legislature’s ses- sion, set to convene Jan. 10. The Texas Senate committee on local government has been hearing ideas at September hearings on changing the approach of cities to influence ETJ’s and the almost 60-year-old structure’s relevance. The issue is—among other
SOURCES: CITY OF NEW BRAUNFELS, TEXAS LEGISLATIVE COUNCIL/COMMUNITY IMPACT
communities find difficult to maneu- ver, according to testimony from Scott Norman, executive director of the Texas Association of Builders, in a Sept. 13 hearing. “We had blatant examples where the city requires, for example, bike lanes, and the county says, ‘We not only don’t require them, we prohibit them.’ … Our members are telling us we really don’t care. We want one set of rules. We can- not comply with conflicting require- ments,” Norman said. While that system can be frustrating for developers, ultimately cities do not have many avenues to prevent growth outside of their boundaries altogether, as developers can continue to appeal up the government chain. “Texas is pretty flexible with growth. They don’t let cities kind of stop it, if you will. … Our comprehensive plan
can’t control the speed with which property owners want to develop their property,” Looney said. For prospective residents, repre- sentation in local government also becomes an issue. James Quintero, policy director for the Texas Public Policy Founda- tion, said at the same hearing that ETJs serve as an example of where residents live with local government actions without voting power. “Under current law, residents of the ETJ are denied the right to participate in local democratic elections, which thereby deprive them of the opportu- nity to vote on those who govern their day-to-day lives,” Quintero said.
For more information, visit communityimpact.com .
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