Sewer capacity drives months-long debate over large multifamily proposals on Truby Drive and Jimmie Kerr Road

Over several meetings in spring and summer 2021, City staff, developers and the City Council debated multiple conditional-rezoning proposals for the Truby Drive and Jimmie Kerr corridors that would add hundreds of multifamily units. Planning Director Nathan Page and Interim City Manager Aaron Holland repeatedly told Council there is insufficient sewer capacity in the area without significant system upgrades; engineers estimated pump-station and treatment upgrades in the low millions of dollars.

The conditional rezoning application by Second Partners, LLC (CR2006/Truby Apartments) proposed more than 500 bedrooms across dozens of apartment buildings and was first presented in May 2021. Staff recommended against approval in the absence of a development agreement addressing sewer and traffic capacity. Developers and their counsel argued they were prepared to negotiate development agreements that could provide financial or phasing commitments to expand infrastructure; council and staff held multiple meetings with developers to explore options. On multiple dates (May 11, June 8, July 13 and later meetings) Council postponed or tabled the Truby application to allow negotiations and to ask for a written development agreement.

A separate straight rezoning for about 11 acres on Jimmie Kerr Road (RZ2104) by Travers Webb similarly drew concern. Applicants urged that a rezoning was a first step to make a site marketable to investors who could help fund infrastructure. Council repeatedly expressed reluctance to rezone without a binding development agreement or a clear path to providing sewer service; on several occasions members said city investment in large sewer upgrades would be needed to make big multifamily projects feasible. Staff presented an approximate $3–3.5 million estimate to upgrade the Cooper Road pump station to support several hundred additional apartment units, and Council asked developers to explore phased development, offsite conveyance alternatives, or agreements to fund required upgrades.

Council’s approach for both projects emphasized distinguishing discussion from decision: the Council repeatedly postponed votes to allow time for development agreements, TRC review and for applicants to demonstrate how projects would not exceed municipal sewer and transportation capacities. On June 8, 2021, Council accepted staff advice to table CR2006 after staff and applicants met; on July 13 and subsequent meetings Council again postponed action while staff and applicants negotiated. Developers indicated willingness to consider staging, wastewater force-main upgrades and other options; staff indicated any commitment for public funds or new debt would require Council-level budget approvals.

The debate highlights a recurring municipal planning challenge: the city’s land-use goals and private development interest intersect with constrained physical infrastructure. Council signaled readiness to support development that includes firm, written mitigation (development agreements, sewer upgrades, phasing) rather than permitting large unmitigated multifamily buildouts in areas lacking service capacity.

Copies of the staff reports and meeting minutes document the projected upgrade cost ranges and the council’s repeated decisions to postpone or table rezoning actions pending development agreements and engineering evidence.