Utilities director says city at modeled capacity; 318‑unit development denied water/sewer availability and will appeal to council

Villa Rica — John Bain, utilities director and interim deputy city manager, told the council the city has denied a reapplication for water and sewer availability for a proposed 318‑unit multifamily development behind Olive Tree restaurant on Gordon Street because the prior letter had expired and the system is at capacity.

"We are at full capacity at both of our wastewater treatment plants," Bain said, adding that the denial followed the city’s ordinance and the modeling that includes projects already approved or under construction. He said letters of availability for capacity are valid for 12 months.

Bain explained the city has been working with state regulators on plans to expand wastewater treatment capacity and estimated a realistic timeline for design, state review and construction in the range of three to five years. "It's not an 18 month solution," he said. Staff noted exemptions remain for individual homeowners building a single family house.

Council members asked whether the city had exceeded earlier projections for capacity and about the risk that a developer who built based on prior approvals would claim vested rights. Bain said the validity period for letters and the ordinance drove the denial; he expected the developer to present financial and timing information during the appeal next week and said staff would consider vested‑rights arguments when presented.

Mecklen (attorney) reminded council the appeal process exists because the ordinance provides it and that council has discretion to consider exceptional circumstances. Council agreed to hear the developer at next Tuesday’s meeting.

Next steps: the applicant will appear before council at the scheduled hearing to argue its appeal; staff will continue work toward plant expansions and report on timing and funding options as state reviews proceed.