When a property within the City Limits of the City of Schertz is proposed for development and is within the City's area of Certificate of Convenience and Necessity (CCN), the connection to the City's water and/or wastewater utilities is reviewed and processed through established procedures of the platting process. In the past, when a property outside the City Limits was proposed for development and there was a need for City water and/or wastewater service, it was required that the property be annexed into the City. Subsequent to annexation, the platting process would take place. The City cannnot require annexation as a condition to provide utility services to a property within its CCN. As a result the UDC was amended via Ordinance 24-S-14 to instead require that the developer submit a request for Utility Service Extension. According to the UDC, authority to approve the request lies with City Council. Once approved, the developer may submit for permits to construct the necessary improvements in order to be served by the City's utility infrastructure.
The proposed development is approximately 30.48 acres situated along FM 1518 on the north side of its intersection with Woman Hollering Road (12535 Woman Hollering Road). The developer proposes to construct a multifamily or townhome development with up to 230 living unit equivalents (LUEs) and desires to connect to public water and wastewater systems. Staff has evaluated the request based on existing water and wastewater facilities, flows expected to be generated by the proposed development, and the projection of other future flows from the vicinity. Adequate capacity in both the water distribution system and the wastewater collection system currently exists to serve the development. The following criteria should be considered for final action determination.
1. Whether the proposed development to be served by the extension is consistent with the Comprehensive Land Plan.
The property lies within areas designated as Complete Neighborhood and Local Corridor. A mixture of housing types and multifamily developments are identified as appropriate in those areas.
2. Whether the extension is proposed to be constructed in accordance with all applicable City ordinances, resolutions, regulations, and standards.
The utility extensions and connections will be constructed in accordance with applicable City standards.
3. Whether it is feasible to annex the property, and any intervening property which is needed for utility rights-of-way, into the City.
If requested by the property owner, the property could be annexed into the City. No additional rights-of-way across the property are currently identified as being needed. It is also of note that the property owner proposes to enter into an agreement for annexation after certain milestones occur.
4. 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 extensions are not expected to compromise the City's ability to provide timely and adequate water or wastewater facilities to property inside the City Limits.
5. Whether the utility extension will lead to premature development that cannot be served efficiently and timely by roadway, drainage, or park facilities.
The proposed extensions will not lead to premature development that cannot be served by existing roadway, drainage, or park facilities.
6. Whether the utility extension is financially feasible given the proposed means of financing the extension.
The proposed extensions will be paid for by the developer.
7. Whether the utility extension will lead to significant degradation of water quality or other environmental resources, either from construction of the water or wastewater improvements, development of the property owner's land, or development of other land that may be served through the extended facilities.
The proposed extensions are not expected to lead to significant degradation of environmental resources.
8. Whether the property owner proposes to extend wastewater facilities without utilizing City water facilities.
The property owner proposes to extend and be served by both City wastewater and City water facilities.
9. The extent to which the proposed agreement promotes the health, safety, or general welfare of the City and the safe, orderly, efficient and healthful development of the City.
By following City standards and extending utilities to provide for future extension beyond the proposed development, the extensions and proposed development of the property will allow for orderly development and is not expected to jeopardize the safe, efficient, and healthful development of the City. A development agreement is also being proposed to include annexation of the property after certain milestones of development have been met.
In conjunction with this item, staff has worked with the property owner on a Development Agreement, Resolution 25-R-021.
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