PLANNING AND ZONING COMMISSION MEETING: 11/05/2025
Agenda Item 6 C |
| TO: |
Planning and Zoning Commission |
| PREPARED BY: |
William Willingham, Planner |
| CASE: |
PLPP20250218 Waiver |
| SUBJECT: |
PLPP20250218 Waiver — Consider and act upon a request in relation to on-site sewer facilities for the Preliminary Plat of the MMD Subdivision, approximately 5 acres of land, located approximately 3,100 feet northeast of the intersection of FM 2252 and FM 482, more specifically known as Comal County Parcel Identification Number 43645, City of Schertz, Comal County, Texas. |
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| GENERAL INFORMATION: |
Owner: Ship Hawk Storage LLC
Applicant: Steven G Cook Engineering Inc. |
| ITEM SUMMARY: |
The applicant is requesting to preliminary plat approximately 5 acres of land to establish one lot. The subject property is currently the site of a plumbing service business and truck storage, the applicant intends to add additional parking on site. The proposed preliminary plat will establish Lot 1 Block 1 of the MMD Subdivision.
The subject property is currently zoned Manufacturing District- Light (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 21.15.2.D: Water Systems - Extension of Lines. The property is located dually within the Schertz Sewer CCN and the CCMA CCN. |
| GENERAL LOCATION AND SITE DESCRIPTION: |
| The subject property is currently the site of a plumbing service business and truck storage located approximately 3,100 feet northeast of the intersection of FM 2252 and FM 482. |
| PUBLIC IMPROVEMENTS: |
The applicant is seeking approval of a waiver to the Unified Development Code Section 21.15.3: Wastewater Systems on their property zoned Manufacturing District- Light (M-1) and bring the existing privately owned on-site sewer facility (OSSF) into compliance. 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. |
| STAFF ANALYSIS AND RECOMMENDATION: |
City of Schertz Engineering has conducted a review of the waiver and recommends approval of the request as the closest possible sewer connection is from a Schertz Sewer CCN main located approximately 1,800 feet east from this property near the intersection of FM 482 and Hubertus Road. The proposed platting is laid-out in a manner to provide for future connection to a public sanitary sewer system. Once public infrastructure has been extended to the area to provide sanitary sewer service, the subdivision will be required to connect to the sewer system in accordance with Section 90-78 of the Code of Ordinances.
| Planning Department Recommendation |
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| X |
Approve as submitted |
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Approve with conditions* |
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Denial |
* While the Commission can impose conditions; conditions should only be imposed to meet requirements of the UDC. |
| 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. 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.
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