| PLANNING AND ZONING COMMISSION MEETING: 06/05/2024 Agenda Item 6 A |
| TO: | Planning and Zoning Commission |
| PREPARED BY: | |
| CASE: | {ud_fi1} |
| SUBJECT: | PLPP20240008 Waiver - Consider and act upon a request for a waiver in relation to on-site sewer facilities for the preliminary plat for the Schertz Storage Center Subdivision, approximately 7.8 acres of land generally located 2,800 feet to the east of the IH-35 and FM 2252 intersection, also known as Comal County Parcel ID 73256, City of Schertz, Comal County, Texas. |
GENERAL INFORMATION:
Owner: SATX DEVELOPMENT LLC
Applicant: Robert Garza, Bain Medina Bain, Inc.
Applicant: Robert Garza, Bain Medina Bain, Inc.
ITEM SUMMARY:
The applicant is requesting to preliminary plat approximately 7.8 acres of land in order to establish one lot. The subject property is currently zoned General Business District (GB) and Manufacturing - Light District (M-1).
UDC Section 21.3.3.B.2.h states that when an applicant is requesting a waiver to the requirements in Article 12, the request must be heard by the Planning and Zoning Commission.
UDC Section 21.3.3.B.2.h states that when an applicant is requesting a waiver to the requirements in Article 12, the request must be heard by the Planning and Zoning Commission.
GENERAL LOCATION AND SITE DESCRIPTION:
The property is undeveloped and located approximately 2,800-feet east of the intersection of IH-35 and FM 2252.
PUBLIC IMPROVEMENTS:
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. 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.
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.
STAFF ANALYSIS AND RECOMMENDATION:
The closest possible wastewater connection is more than 1,000 feet away and on the other side of IH-35. The Engineering Department has reviewed the waiver request and determined that it will support this waiver request as the topography and the property's current sewer shed make connection unreasonable at this time. Once public infrastructure has been extended to the area through the future "Town Creek Line", 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 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.
Therefore, staff is providing a recommendation to approve this waiver request.
* While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC.
Until that time, 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.
Therefore, staff is providing a recommendation to approve this waiver request.
| Planning Department Recommendation | |
| X | Approve as submitted |
| Approve with conditions* | |
| Denial |
COMMISSIONERS CRITERIA FOR CONSIDERATION:
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 thier 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:
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.
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 thier 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:
- That granting of the waiver will not be detrimental to the public health, safety, or welfare, or injurious to other property in the area; and
- That the granting of the waiver will not have effect of preventing the orderly subdivision of 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 the 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.
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.