Owner: QUALCO OPPORTUNITY FUND LLC
Applicant: Mario Ipina, Bovay Engineering.

The applicant is proposing to preliminary plat approximately 4.2 acres of land to establish one buildable lot. The applicant is seeking approval of a waiver to the UDC Article 15, Easements and Utilities, Section 21.15.3.A: Wastewater Systems - Wastewater Connection Required and Section 21.15.2.D: Water Systems - Extension of Lines. The property is located within the dual sewer CCN of the San Antonio River Authority and the City of Schertz. 

The subject property is located at 11185 IH 10 E at the intersection of N. Graytown Road and the IH 10 frontage road and is currently vacant and undeveloped.

The applicant is seeking approval of a waiver to the requirements to connect to sanitary sewer and construct an on-site sewer facility (OSSF).

In accordance with UDC Article 15, Easements and Utilities, Section 21.15.3.A: Wastewater Systems - Wastewater Connection Required and Section 21.15.2.D: Water Systems - Extension of Lines, all lots within a subdivision are required to extend across the property frontage and to 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, not extending a wastewater line across the frontage of the property, and installation of an on-site sewer facility (OSSF) requires a waiver to be granted by the Planning and Zoning Commission as detailed in UDC Section 21.12.5: Waivers. 

City of Schertz Engineering has conducted a review of the waiver and recommends conditional approval of the waiver given the closest possible sewer connection is a San Antonio River Authority (SARA) facility across IH 10. The City does have a planned 2030 Capital Improvement Project (CIP) for an 8-inch gravity sewer line along IH 10E and Graytown Road to connect to the SARA collection system once that is extended across the highway. Because of the timeframe of the CIP project and the fact that SARA also needs to extend sewer to this side of IH 10 before it is even available, the Engineering Department has concluded that a conditional waiver of the requirement to connect to and extend sanitary sewer would be appropriate. The conditions that should be attached to the waiver approval are as follows: 

1. The development provides an easement of appropriate width for the 2030 8” CIP sewer line across the rear of the parcel, 
2. The developer executes an Escrow Agreement with the City of Schertz to provide funding for the extension of the sanitary sewer main across the subdivision. 
3. Once the sanitary sewer main CIP is constructed to within 1,500 of the property, the owner will cease OSSF operations and connect to the sanitary sewer. 

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 be allowed to construct an on-site sewer facility (OSSF) that will be permitted by Bexar County. 
 

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.

Section 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 finidings, 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: 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.