PRESENTER: Presenter
Christopher J. Looney, AICP, Planning & Development Services Director
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SUBJECT: Title
Discuss and consider the renewal of a license to store wrecked/abandoned vehicles (Vehicle Storage Facility) on property addressed at 2635 State Highway 46 South (Unit 1)
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DEPARTMENT: City Secretary’s Office
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COUNCIL DISTRICTS IMPACTED: 2
BACKGROUND INFORMATION:
Applicant: Jeramie Hernandez
2635 State Highway 46 South
New Braunfels, TX 78130
At their meeting on May 28, 2024, City Council postponed the applicant’s request to apply for a new license for VSFs for adjacent Units 2, 3 and 4 on this same property in order to provide the applicant time to resolve pending city code violations.
Vehicle storage facilities have to take several different steps to become eligible to operate in New Braunfels. A vehicle storage facility (VSF) is a term that refers to a business operation where towed automobiles can be stored. Chapter 2303 of the Texas Occupations Code, and Chapter 85 of the Texas Administrative Code define a VSF as:
A garage, parking lot, or other facility that 1) is owned by a person other than a governmental entity, and 2) is used to store or park at least 10 vehicles each year.
In addition to following all state rules enforced by the Texas Department of Licensing and Regulation (TDLR), VSFs must also follow local municipal ordinances. Since VSFs have a tendency to become a “nuisance” due to the unique circumstances involved in the storage of wrecked or damaged automobiles, New Braunfels has adopted Chapter 102 of the City’s Code of Ordinances that declares such uses as a nuisance and prohibits them within the city limits, unless the following requirements are followed:
1. Obtain a license from City Council; once a license or renewal application is submitted, staff from the Fire Department, Health & Food Safety Division, Police Department, and Building Safety Division inspect the location and report any violations of other city codes.
2. A minimum 7-foot tall fence shall screen the site, and no materials may be visible above, nor protrude through the fence.
Therefore, the steps to operate a VSF in New Braunfels include:
1. Select and purchase a piece of property.
2. Ensure the property is zoned to allow the intended use.
3. Apply for a commercial building permit, which includes any site work/preparation, drainage, traffic mitigation, building construction including the fence and signs, installation of any required landscaping and trees, sidewalks, etc.
4. Obtain the aforementioned license. (This license is not a permit, but the words are often used interchangeably leading to confusion.)
5. Renew the license annually.
ISSUE:
The applicant is seeking to use the property addressed at 2635 State Highway 46 South for multiple VSFs (Units 1, 2, 3 & 4). A VSF license for Unit 1 was approved in August of 2023 and is up for renewal (subject request).
This property is unique in that it is partially within the city limits and partially outside the city limits (see attached aerial). The portion of the property inside the city limits has received 3 notices of violation of city code for not obtaining all proper commercial permits. The applicant recently requested from the Municipal Court an extension to come into compliance. The Court granted an extension until December 2, 2024. In the meantime, the portion of the property outside the city limits has been used for VSF activities.
COMPREHENSIVE PLAN REFERENCE:
• Action 1.3: Encourage balanced and fiscally responsible land use patterns.
• Action 8.16: Create an environment than increases employment opportunities at all education and skill levels.
• Action 8.23: Continue to expand recycling to include items not typically recycled.
STRATEGIC PLAN REFERENCE:
☐Economic Mobility ☐Enhanced Connectivity ☐Community Identity
☐Organizational Excellence ☐Community Well-Being ☒N/A
None
FISCAL IMPACT:
N/A
RESOURCES:
New Braunfels Code of Ordinances Chapter 102:
<https://library.municode.com/tx/new_braunfels/codes/code_of_ordinances?nodeId=PTIICOOR_CH102SEGO>
State of Texas Administrative Code Chapter 85:
<https://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=16&pt=4&ch=85&rl=Y>
Chapter 2303 of the Texas Occupations Code: <https://statutes.capitol.texas.gov/Docs/OC/htm/OC.2303.htm>