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11.

City Council Regular Meeting

Meeting Date:

07/27/2021

BACKGROUND

The applicant is seeking approval of the appeal request for the approximately 5 acre tract of land in order to be able to install an On-Site Sewage Facility (OSSF). The subject property is currently vacant land is zoned Single-Family Residential/ Agricultural District (R-A). The Planning and Zoning Commission met on June 23, 2021, where they heard the applicants request to not extend public wastewater systems but to instead install an On-Site Sewage Facility (OSSF). At this meeting the commission voted 3 in favor and 3 opposed, with 1 abstention and under the Planning and Zoning Commission Bylaws an abstention vote is considered a nay vote, which then ended with the waiver request to install an On-Site Sewage Facility (OSSF) denied.

Per the UDC Section 21.4.14.B - Appeal requirements- Any person or persons aggrieved by any decision on a Development Application, or any marshal, officer, department, or board of the City may appeal a decision on a Development Application to the Board, Commission or the City Council responsible for consideration of the appeal as indicated in this UDC. An appeal shall contain a written statement of the reasons why the decision is erroneous, and shall be accompanied by a fee established by the City Council. An appeal by an applicant shall be accompanied by a copy of the Development Application on which the initial decision was rendered. An appeal may include any other documents that support the position of the appellant. A written appeal must be filed with the City Manager or his/her designee within ten (10) working days after the date of notification of the decision on the Development Application.
The applicant submitted the appeal request stating the following reasons why they should be allowed to install an OSSF:

There are four (4) tracts along Old Wiederstein Road that are currently on septic systems and any sewer extension would remain unsued by the adjoining lots.
The property is worth $178,059.00 and the cost to extend the public wastewater system from the manhole, approximately forty-two (42') feet, located at the intersection of Old Wiederstein Road and Dean Road, along the frontage of the property, approximately one hundred forty-two (142') feet would range in cost from one hundred and four thousand ($104,000) to the upper range of two hundred sixty-two thousand ($262,000)

Nineteen (19) public hearing notices were mailed to the surrounding property owners on July 9, 2021, and published in the San Antonio Express on the same date.
At the time of this report, staff has received two (2) responses opposed to the request, and we have received zero (0) in favor to the request.

GOAL

To have the applicant install the public wastewater utilities for the Busch Subdivision.

COMMUNITY BENEFIT

It is the City's desire to promote safe, orderly, efficient development and ensure compliance with the City's vision of future growth.

SUMMARY OF RECOMMENDED ACTION

Staff recommends denial of the appeal for the Busch Subdivision waiver request to install an On-Site Sewage Facility.

FISCAL IMPACT

None

RECOMMENDATION

The applicant is proposing to plat the approximately 5 acre tract of land to establish one (1) single-family residential lot. The Engineering Department in their review of this waiver has determined that the request is unreasonable. Sanitary sewer facilities exist in the intersection of Old Wiederstein Road and Dean Road approximately 72 feet away from the eastern property boundary on Old Wiederstein Road. This distance is well within the 500 foot distance for residential properties specified in the Municipal Code Section 90-78 for requiring a connection to sanitary sewer. The applicant has the ability to request to enter into a pro rata agreement with the City, so that the City would charge the adjacent property owner for the pro rata cost of extending the line across the adjacent property if they tie into the sewer line within 10 years. Those pro rata charges would be forwarded to this applicant.
Further, per UDC Sections 21-15.2.D and 21.15.3.A each lot in a proposed subdivision is required to be connected to sanitary sewer and a sanitary sewer main would need to be extended across the Wiederstein frontage (approximately 142 feet). The total length of the sanitary sewer main that would need to be installed is approximately 216 feet. Therefore, Engineering does not support the granting of the waiver and notes that the request is not consistent with similar waivers granted in the City.

Staff recommends the denial of the appeal for the Busch Subdivision plat to not install an On-Site Sewage Facility as there is sanitary sewage facilities existing near the proposed area of the property.

Attachments
Current Sewer Locations
Aerial Map
Preliminary Plat
Appeal Letter
Septic Exhibit
Busch Subdivision Cost Estimate
Busch Subdivision Cost Estimate 2
Engineering Memo