Item 17: Out-of-City Utility Connection for Single Family Residential on 72 Acres Near South Old Bastrop Highway and Francis Harris Lane Intersection

[COSM_Admin]

Consider approval, by motion, authorizing an out-of-city utility connection request for wastewater service by Seamus MacFarland, on behalf of MCLB Land LLC, for a 404-lot single family residential development situated on approximately 72.85 acres of land generally located on the south side of South Old Bastrop Highway and west of the South Old Bastrop Highway and Francis Harris Lane intersection.

 

[JHughson]

"The applicant has signed the consent to annexation form, however, they inserted a condition that the property cannot be annexed until approximately 30-years after approval of this request. " - And we are OK with that?

"Further, approval would subsequently require the extension of the City’s wastewater facilities. "- But this is what they are requesting?

How is this not in the ETJ?
If they requested to be removed, that should be noted.

 

[COSM_Admin]

Response provided by Amanda Hernandez, Director of Planning & Development Services:
The applicant has signed the consent to annexation form, however, they inserted a condition that the property cannot be annexed until approximately 30-years after approval of this request. - And we are OK with that? Chapter 86 requires applicants consent to annexation when they request utilities outside City Limits. Most applicants sign the form created by staff. This applicant requested a modification to the form which was reviewed by Legal. With the modification, the applicant is still meeting the requirement for consent to annexation required by Code.

Further, approval would subsequently require the extension of the City’s wastewater facilities. - But this is what they are requesting? Yes, they are requesting a utility extension. This sentence was intended to clarify that approval did not equal connection but would require the applicant pull permits and extend the lines to their property.

How is this not in the ETJ?
If they requested to be removed, that should be noted.
Following direction from City Council on requests to release from ETJ – staff does not approve or acknowledge approval of ETJ releases.
The statement that this property is not in the City Limits or ETJ is only provided for context – a request to release was received and State law says after 45 days the property is automatically released.