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PLANNING AND ZONING COMMISSION MEETING: 05/07/2025
Agenda Item 6 A

TO:

Planning and Zoning Commission

PREPARED BY:

William Willingham, Planner

CASE:

PLPP20250053 Waiver

SUBJECT:

PLPP20250053 Waiver - Consider and act upon a request for a waiver in relation to on-site sewer facilities for the preliminary plat of the Burnette Subdivision, approximately 1.821 acres of land, located at 12396 Schaeffer Road, Schertz, Texas, 78108, more specifically known as Bexar County Parcel Identification Number 308385.

GENERAL INFORMATION:

Owner: Michael T Burnette
Applicant: Edward Campos, Plat Processing Services

ITEM SUMMARY:

The applicant is requesting to preliminary plat approximately 1.821 acres of land in order to establish one lot. The subject property is currently zoned Single-Family Residential/Agricultural District (R-A). The applicant is seeking approval of a waiver to the 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 within the City of Schertz sewer CCN.

GENERAL LOCATION AND SITE DESCRIPTION:

The site is a residence located at 12396 Schaeffer Road, approximately 4,800 feet east of the intersection of Schaeffer Road and FM 1518. The applicant is requesting 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.

PUBLIC IMPROVEMENTS:

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. 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 gravity sewer connection is over 4,000 feet away, and no new development is proposed on this plat.

Planning Department Recommendation

Approve as submitted

Approve with conditions*

Denial

* While the Commission can impose conditions, conditions should only be imposed to meet the 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 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:

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.

Attachments

Aerial Exhibit

Waiver Request Letter

Engineering Memo

Plat Exhibit