Owner: Ashton San Antonio Residential, LLC
Applicant: Todd Mills/Moy Tarin Ramirez Engineers, LLC 

The applicant is proposing to preliminary plat the subject property into 48 lots. The applicant has requested a waiver from UDC 21.15.2.D in relation to sanitary sewer frontage requirements to the proposed Saddlebrook Ranch Unit 1B subdivision.

The property is currently undeveloped and is generally located approximately 2,000 feet to the west of the Cibolo Creek along Lower Seguin Road.

The applicant has requested a sewer waiver from UDC 21.15.2.D. This section of the UDC requires sanitary sewer line to extended across the frontage of properties to service adjacent developments. The applicant currently has 1,800 feet of frontage along Lower Seguin Road in Saddlebrook Ranch Unit 1B. The applicant will be providing sanitary sewer along 1,250 feet of frontage and is requesting that the remaining 550 feet be routed internally through portions of the Unit 1B subdivision. The internal routing of the sanitary sewer line will still serve the subject property and the adjacent property. 

Staff can not administratively waive the sanitary sewer requirements stated in UDC Section 21.15.2.D. & Section 21.15.3.A.

The UDC states that developments must extend sanitary sewer lines along the frontage of properties. This is with the intent for future developments to access and connect into existing networks. Staff has determined that the internal 550-foot extension of the sanitary sewer line is still consistent with the intent of the UDC. The line will service 136 acres and will still connect to the adjacent property to the east. The Engineering Department has reviewed this waiver request and is in support. 

Therefore, staff supports the applicants request to not comply with the UDC platting requirements to provide sanitary sewer connections along portions of frontage of the subject property. If the waiver was approved the applicant will provide 1,250 feet of sanitary sewer along the frontage of Lower Seguin Road, and 550 feet of sanitary sewer connections routed internally through the subject property.
 

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.