Owner: LI SCHERTZ TX INVESTOR LP
Applicant: Windrose Land Surveying & Platting

The applicant is proposing to preliminary plat 43 acres of land in order to establish one (1) buildable lot for industrial use. The applicant is seeking approval of a waiver to the Unified Development Code Section 21.15.3: Wastewater Systems.

The property is undeveloped and is located approximately 400 feet north of the intersection of FM 2252 and FM 482.  

The applicant is seeking approval of the waiver to install a privately owned on-site sewer facility (OSSF) on the subject property proposed with the preliminary plat. Per UDC Article 15, Easements and Utilities Section 21.15.3.A: Wastewater Systems- Wastewater Connection Required and Section 21.15.3.D: Utilities, all lots within a subdivision are required to connect to public sanitary sewer systems and extend wastewater lines, unless otherwise approved by the City.

Based on the requirements of the Unified Development Code and the proposed installation of an OSSF, a waiver is required to be requested from the Planning and Zoning Commission as detailed in UDC Section 21.12.15: Waivers.

The closest sanitary sewer connection is approximately 9,600 feet away from the subject property at the intersection of Abbey Road and the railroad tracts. The subject property is part of a larger partnership with the City of Schertz Economic Development Corporation (EDC), and the STX Frio Subdivision to the north, to construct a new sanitary sewer main from Abbey Road to the southern boundary line of the proposed subdivision. 

The Engineering Department has reviewed the waiver request and has determined that they will support conditional approval of the waiver request. The sewer line will be constructed soon due to the partnership and once the line is constructed, the Schertz Logistics Subdivision will then be required to connect to and extend the sanitary sewer in accordance with Section 90-78 of the Code of Ordinances. The preliminary plat demonstrates 20-foot Sanitary Sewer Easements to meet future tie-in requirements. Until the sanitary sewer line is built and reaches the subject property, per the 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 Comal County and will meet Comal County requirements. A building permit will not be issued without either a Comal County OSSF approved permit or extension of and connection to the public system.
 

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

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

Staff recommends approval of the waiver based on the following conditions:

1. The developer executes an Escrow Agreement with the City of Schertz to provide funding for the connection to and extension of the sanitary sewer main across the subdivision as generally depicted in the Preliminary Plat.
2. Once the sanitary sewer main is constructed to the northern boundary of the Schertz Logistics Subdivision, the developer will cease OSSF operation; connect to the sanitary sewer; and extend the sanitary sewer main across the subdivision to the southwest corner of the subdivision.

When granting subdivision waivers, the Planning and Zoning Commission should consider the criteria listed in UDC Section 21.112.15-Waivers:

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.