Owner: Neeley Troy & Ofelia
Applicant: Trayce Cerwick/ Up Engineering

The applicant is proposing to preliminary plat 1 acre into 1 buildable lot for residential use. The applicant is seeking approval of a waiver to the Unified Development Code Section 21.15.3.A: Wasterwater Connection Requirements & Section 21.15.2.D: Extension of Lines. 

The property is undeveloped and is located at 6040 Pfeil Road, otherwise generally located approximately 2,300 feet to the north-east of the Pfeil Road and IH-10 access road intersection.

The applicant is seeking approval of the waivers to install a privately owned on-site sewer facility (OSSF) on the subject property proposed with the preliminary plat. In accordance with UDC Article 15, Extensions and Utilites, Section 21.15.3.A  Wastewater Systems - Wastewater Connection Required, Section 21.15.2.D Water Systems - Extension of Lines all lots within a subdivision are required to extend and connect to public sanitary sewer systems unless otherwise approved by the City.

Based on the requirements of the UDC, not connecting to a public sanitary sewer system and installation of an OSSF requires a waiver to be granted by the Planning and Zoning Commission as detailed in UDC Section 21.12.5: Waivers. 

Staff can not administratively waive the frontage requirements of sanitary sewer improvements stated in UDC Section 21.15.2.D.

The closest possible sewer connection is 1,700 feet away and is part of the San Antonio River Authority (SARA). To connect to the closest system a CCN transfer would be required. The Engineering Department has reviewed the waiver request and determined that, given the size of the proposed subdivision and the complexity of connecting to SARA infrastructure, it will support this waiver request. Once public infrastructure has been extended to the area, the subdivision will be required to connect to the sanitary sewer system in accordance with Section 90-78 of the Code of Ordinances. Until that time, per approval of the waiver request, the property will have an on-site sewer facility (OSSF). 

If approved, the OSSF proposed for the site will be reviewed and permitted through Bexar County.

Therefore, staff providing a recommendation to approve this waiver request.

Planning Department Recommendation
X	Approve as submitted
	Approve with conditions*
	Denial

* While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC.

Sec. 21.12.15. - Waivers

A. General. The Planning and Zoning Commission may authorize waivers from the provisions of this Article when, in its opinion, undue hardship will result from requiring strict compliance. In granting a waiver, the Planning and Zoning Commission shall prescribe only conditions that it deems necessary or desirable to the public interest. In making their findings, the Planning and Zoning Commission shall take into account the nature of the proposed use of the land involved and existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such waivers upon traffic conditions and upon the public health, safety, convenience, and welfare in the vicinity. Waivers shall not be granted unless the Planning and Zoning Commission finds:

1. That the granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and
2. That the granting of the waiver will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this UDC. Such findings of the Planning and Zoning Commission, together with the specified facts upon which such findings are based, shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such waiver is granted.Waivers may be granted only when in harmony with the general purpose and intent of this UDC so that the public health, safety, and welfare may be secured and justice done.

B. The Planning and Zoning Commission may establish a time period for execution of each granted waiver.

C. Such findings together with the specific facts on which such findings are based shall be incorporated into the official minutes of the Planning and Zoning Commission meeting at which such exception is granted.

D. Planning and zoning commission shall not authorize a waiver that would constitute a violation of a valid law, ordinance, code or regulation of the City.

E. Any decision of the Planning and Zoning Commission regarding waivers to the provisions of this Article may be appealed to the City Council. When considering an appeal, the City Council shall consider the same standards as the Planning and Zoning Commission as outlined above.