AGENDA CAPTION:
Title
Consider denial of an Out of City Utility Extension request for water and wastewater services by Thomas K. Rhodes, on behalf of Top of the Hill Properties, LLC for approximately 4.851 acres, more or less, out of the J.M. Veramendi Survey, located at 128 Spring Road (previously approved on December 15, 2020), and provide direction to Staff.
Body
Meeting date: February 2, 2021
Department: Planning & Development Services
Amount & Source of Funding
Funds Required: N/A
Account Number: N/A
Funds Available: N/A
Account Name: N/A
Fiscal Note:
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Background Information:
HISTORY
In 2018, the applicant applied for annexation and a zoning change to CD-3 (ZC-18-13) for a proposed 27-unit single-family development. At their meeting on August 28, 2018, the Planning & Zoning Commission recommended denial of the request with a 6-2 vote. After receiving this recommendation, the applicant withdrew the annexation and zoning change requests.
Since the withdrawal of the annexation and zoning, the developer submitted applications for an ETJ development. The following table provides a summary of applications in process and approved.
|
Application |
Status as of Jan. 19, 2021 |
Application Date |
Comments Sent |
|
Out of City Utility Extension (OCU) |
Approved by Council Awaiting Recording Documents |
October, 2020 |
n/a (approved) |
|
Demolition for accessory building |
Issued |
July, 2020 |
n/a (issued) |
|
Public Improvement Construction Plans (PICP) |
Awaiting Revision |
February, 2020 |
July, 2020 |
|
Site Permit |
Awaiting Revision |
May, 2019 |
July, 2020 |
|
Watershed Protection Plan (WPP) |
Awaiting Revision |
May, 2019 |
November, 2020 |
|
Plat |
Internal Review in Process |
May, 2019 |
In process (coordinating with County) |
On December 15, 2020 the City Council considered and approved a request to extend City water and wastewater service to a proposed 29-unit garden-style multifamily development on a single lot.
When deciding an application for approval of a utility extension, the Council shall consider the criteria of Section 2.4.4.4 as follows:
(a) Whether the location of the proposed development to be served by the extension is consistent with the Comprehensive Plan;
This property is within a Low Intensity Area on the Preferred Scenario Map. While multifamily development is limited in these areas, it is not expressly prohibited.
(b) Whether the extension is proposed to be constructed in accordance with the TCSS, the provisions of Chapter 86 of the City Code, and all other applicable City regulations and standards;
The proposed utility extension will be constructed in accordance with the City Codes, regulations and standards.
(c) Whether it is feasible to annex the property, and any intervening property which is needed for utility rights-of-way, to the City in a timely manner;
This property is adjacent to City Limits to the southeast.
(d) Whether the utility extension would compromise the City’s ability to timely provide adequate water or wastewater facilities to property inside the City;
The proposed utility extension to serve the subject property is funded by the applicant and will not compromise the City’s ability to provide water facilities within the City of San Marcos Water and Wastewater Utility CCN. The applicant may be required to provide easements for the orderly extension of water and wastewater utilities to and through this property. Easements or right-of-way for the utility lines will be dedicated through the platting process.
(e) Whether the utility extension shall lead to premature development that cannot be served efficiently and timely by roadway, drainage or park facilities;
The property has several development applications in process to ensure that it is adequately served by utility, roadway, and drainage infrastructure.
Council Committee, Board/Commission Action:
On December 15, 2020 City Council approved the request on the consent agenda.
Alternatives:
N/A
Recommendation:
At the regular meeting on December 15, 2020 staff recommended approval of this water and wastewater extension outside City Limits.