Owner: Schertz Stop LLC
Applicant: Midstream & Terminal Services (MTS) Architects and Engineers and Total Geo Data Surveying LLC

The applicant is proposing to Final Plat approximately 7.8 acres of land in order to establish one (1) buildable lot for a convenience store with gas pumps. The buildable lot is identified as Lot 1 Block 1. A 900-lot is identified on the final plat exhibit as non-buildable lot due to the location of the Right-of-Way dedication on the southeastern corner. The subject property has an approved Specific Use Permit to allow for a convenience store with gas pumps, known as Ordinance 23-S-32.  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 55-feet southwest of the intersection of FM 2252 and IH 35 N Access Road.

The applicant is seeking approval of their proposed waiver to install a privately owned on-site sewer facility (OSSF) on the subject property, as proposed with the final plat. 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.

Per 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.

The closest possible wastewater connection is approximately 3,690-feet away. The Engineering Department has reviewed the waiver request and has determined that it will support this waiver request with conditions. 
The conditions of approval of the waiver, as per the Engineering Department, are as follows:

• Provide an escrow amount to cover the cost of extending a public sewer main across the rear subdivision boundary (the plat has an easement for this purpose).
• Once the sewer main is extended in the future to be able to provide service to the proposed subdivision, the property owner will cease operation of the septic system and connect to the sewer system and extend the sewer main across the rear of the subdivision boundary in the easement provided. 

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. To meet the future tie-in requirements, the applicant has provided a 15-foot sanitary sewer easement along the southern property line for future tie-in. Additionally, the on-site septic system will be designed in a manner that will allow for the septic system to cease operations and connect to the sanitary sewer system. Until the sanitary sewer system comes within proximity of the proposed subdivision, per the approval of the waiver request, the property will utilize an on-site-sewer facility.

Therefore, Staff is recommending approval of the proposed waiver to install an on-site sewer facility (OSSF) with conditions.

1. An escrow amount to cover the cost of extending a public sewer main across the rear subdivision boundary is required to be provided.
2. Once the sewer main is extended in the future to be able to provide service to the proposed subdivision, the property owner will cease operation of the septic system and connect to the sewer system, and extend the sewer main across the rear of the subdivision boundary in the easement provided. 

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.

Unified Development Code Section 21.12.5- 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: 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.