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I I I 53. RESOLUTION NO. 2006-~ R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS APPROVING AN EXTENSION OF CITY WASTEWATER MAINS TO SERVE A 50.237 ACRE, MORE OR LESS, AREA ON POST ROAD AT THE BLANCO RIVER PROPOSED FOR DEVELOPMENT BY SLF II SAN MARCOS, L.P.; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City Land Development Code ("LDC") Section 2.3 .1.2 requires City Council approval for the extension of City water or wastewater mains in the City's extraterritorial jurisdiction. 2. SLF II San Marcos, L.P. (the "Petitioner") has submitted a petition to extend City wastewater mains to serve the 50.237 acre, more or less, tract of property described on the attached Exhibit A (the "Property"), which is in the City's extraterritorial jurisdiction, to be developed for residential uses. 3. The Petitioner has also submitted a request for a variance from City Code Section 86.003( c), which provides that extensions of the City wastewater system will be made only for customers of the City's water system. 4. The City Council finds and determines that: (a) The proposed development to be served by the extension appears to be consistent with the Master Plan, subject to approval of an amendment to the City's Future Land Use Map for the Property; (b) The extension is proposed to be constructed in accordance with the City's Technical Construction Standards and Specifications, the provisions of Chapter 86 of the City Code, and all other applicable City regulations and standards; (c) It appears to be feasible to annex the property, and any intervening property which is needed for utility rights-of-way, to the City in a timely manner; (d) It appears that the utility extension would not compromise the City's ability to timely provide adequate wastewater facilities to property inside the City; (e) It appears that the utility extension will not lead to premature development that cannot be served efficiently and timely by roadway, drainage or park facilities; (f) It appears that the utility extension is financially feasible given the Petitioner's proposed means of financing the extension; (g) It appears that the utility extension will not lead to significant degradation of water quality or other environmental resources, either from construction of the wastewater improvements, development of petitioner's land, or development of other land that may be served through the extended facilities; and (h) The approval of a variance from City Code Section 86.003(c) for the extension appears to be appropriate, on the basis that the City wastewater facilities to which the Petitioner is proposing to connect appear to have been specifically designed and constructed with capacity for development of the Property. 5. The Petitioner's petition includes a request for annexation ofthe Property.