| PLANNING AND ZONING COMMISSION MEETING: 08/05/2026 Agenda Item 7 A |
| TO: | Planning and Zoning Commission |
| PREPARED BY: | Brandon Elliott, Planner |
| CASE: | PLPP20260176 Waiver |
| SUBJECT: | PLPP20260176 Waiver — Consider and act upon a request for a waiver in relation to on-site sewer facilities for the Preliminary Plat of the Ware-Seguin Subdivision, approximately 17 acres of land, known as 11444 Ware Seguin, more specifically known as Bexar County Property Identification Numbers 619175, 1457269, and 1457270, City of Schertz, Bexar County, Texas. |
GENERAL INFORMATION:
Owners: Roberto Gonzalez, Gonzalez S&E Family Trust, Jose Osorio, Leticia Sanchez
Applicant: Hector Hinostroza P.E., HSH Engineering
Applicant: Hector Hinostroza P.E., HSH Engineering
ITEM SUMMARY:
The applicant is proposing to preliminary plat approximately 17 acres of land in order to establish three (3) buildable residential lots. The subject property is currently zoned Single-Family Residential/Agricultural District (R-A). 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. All lots within a subdivision are required to extend sewer across the property frontage and connect to public sanitary sewer systems unless otherwise approved by the City.
GENERAL LOCATION AND SITE DESCRIPTION:
The site is currently undeveloped and is located at 11444 Ware Seguin Road, Schertz, Texas 78154, also known as Bexar County Property Identification Numbers 619175, 1457269, and 1457270.
PUBLIC IMPROVEMENTS:
The applicant is seeking approval of a waiver to the requirement to connect to a public sanitary sewer and extend wastewater services. 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.
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.
STAFF ANALYSIS AND RECOMMENDATION:
The proposed plat is for the creation of three (3) residential lots that will utilize on-site sewer facilities (OSSF). The closest sewer connection is approximately over 5,400 feet away.
The City of Schertz Engineering Department has conducted a review of the waiver and recommends conditional approval of the request, as the closest sewer main connection is over 5,400 feet away.
The City of Schertz Engineering Department recommends approval of the proposed sewer waiver with the following conditions:
Staff recommends approval of the proposed waiver with the following conditions:
* While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC.
The City of Schertz Engineering Department has conducted a review of the waiver and recommends conditional approval of the request, as the closest sewer main connection is over 5,400 feet away.
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 and able to provide service to the proposed subdivision, the property owners will cease operation of the septic system and connect to the sewer system.
Staff recommends approval of the proposed waiver with the following conditions:
1. Once the sewer main is extended in the future and able to provide service to the proposed subdivision, the property owners will cease operation of the septic system and connect to the sewer system.
| Planning Department Recommendation | |
| Approve as submitted | |
| X | 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 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.
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.
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.
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.