Owner: David Wood and Jacqueline Wood
Applicant: Fae Hunter, Stephen G. Cook Engineering

The applicant is proposing to preliminary plat approximately 2.7 acres of land in order to establish one (1) buildable lot. The subject property is currently zoned Manufacturing (Light) District (M-1). The applicant is seeking approval of a waiver to UDC Article 15, Easements and Utilities, Section 21.15.3.A: Wastewater Systems - Wastewater Connection Required and Section 21.15.3.D: Wastewater Systems - Future Extension of Lines.

The site is currently used as a residence located at 7530 FM 482, and is generally located northwest of the intersection of Hubertus Road and FM 482. 

The applicant is seeking approval of a waiver to bring the already existing, privately owned on-site sewer facility (OSSF) servicing the subject property into compliance with the UDC. The property is located within the City of Schertz Sewer CCN.  In accordance with UDC Article 15, Easements and Utilities, Section 21.15.3.A: Wastewater Systems - Wastewater Connection Required and Section 21.15.3.D: Wastewater Systems - Future Extension of Lines, all lots within a subdivision are required to extend sewer 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 the use 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 proposed plat is for the continued use of a residence with an existing on-site sewer facility (OSSF). The closest sewer connection is approximately 2,506 feet away. The applicant shows a 15-foot-wide sewer easement for future extension and connection on the proposed plat across the rear of their property.  

The City of Schertz Engineering Department has conducted a review of the waiver and recommends conditional approval of the request, as the closest gravity sewer connection is approximately 2,506 feet away. There is planned development within proximity of the subject property. Those developments are building and extending sewer within proximity to the subdivision in the future.

The City of Schertz Engineering Department recommends approval of the proposed sewer waiver with the following conditions:

1. 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 at the rear of the subdivision boundary in the easement provided.

Staff recommends approval of the proposed waiver with the following conditions:

1. 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 at 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.

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 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 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 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.
      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.