Title
Consider/Discuss/Act on the Appeal of a Denial of an Exception Application for New Water or Wastewater Utilities by Luxelocker for the Property located at 4097 FM 1461 pursuant to Ordinance No. 2024-12-107 for Properties Located Outside the City's Incorporated Limits but Within the City of McKinney's Extraterritorial Jurisdiction and/or Certificates of Convenience and Necessity Areas
Summary
COUNCIL GOAL: Operational Excellence
(2A: Balance available resources to accommodate the growth and maintenance needs of the City)
MEETING DATE: January 21, 2024
DEPARTMENT: Public Works
Development Services
City Attorney
CONTACT: Ryan Gillingham, PE, Director of Public Works
Michael Quint, Executive Director of Development Services
Mark Houser, City Attorney
RECOMMENDED CITY COUNCIL ACTION:
* Staff recommends denial of the appeal.
ITEM SUMMARY:
* On June 25, 2024 City Council enacted Ordinance 2024-06-046, which ordinance was subsequently amended and restated on December 17, 2024 by Ordinance 2024-12-107, which provided for a temporary cessation of new water or wastewater utility line connections, approval or issuance of any new water meters, or the creation of any new retail utility service accounts for properties located outside the City's incorporated limits but within the City of McKinney's Extraterritorial Jurisdiction (ETJ) and/or Certificates of Convenience and Necessity (CCN).
* On September 16, 2024, an Exception Application was received for a development known as Luxelocker located at 4097 FM 1461. The proposed development is located within the ETJ and within the City's proposed CCN decertification area for water and wastewater services. The project consists of 92 RV and boat storage condominiums.
* The Exception Application was denied by Staff on September 30, 2024 as the project did not meet the exception requirements of Ordinance 2024-12-107 as an ongoing project. The applicant has filed an appeal of this decision with the City Counci...
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