Presenter
Presenter
Christopher J. Looney, Planning and Community Development Director
Contact Info
clooney@nbtexas.org
Subject Header
SUBJECT:
Title
Public hearing and consideration of the first reading of an ordinance regarding a request for rezoning to apply a Special Use Permit to allow the bulk storage of up to 36,000 gallons of fuel in aboveground tanks on approximately 3.6 acres out of the J.M. Veramendi Survey 1, Abstract 2, addressed at 1290 River Road.
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BACKGROUND / RATIONALE:
Case #: PZ-17-053
Council District: 4
Owner/Applicant: RRNB 1290 LLC
Robert Kane
8511 River Road
New Braunfels, TX 78132
(713) 819-9634
Staff Contact: Matthew Simmont
(830) 221-4058
msimmont@nbtexas.org
The subject 3.6-acre property is located at the southeast corner of the intersection of Loop 337 and River Road, is zoned M-1 and was most recently an RV park. The property is situated over the Edwards Aquifer Recharge Zone and a portion (approximately the eastern 1/3rd) is located within the 100-year (1% annual chance) floodplain in close proximity to Blieders Creek.
The applicant is proposing to locate three 12,000-gallon aboveground fuel tanks on the property in conjunction with a retail convenience store and fueling station. He intends to place the tanks near the southern boundary of the property adjacent to the convenience store and parking area.
The installation of fuel storage tanks is regulated by the Texas Commission on Environmental Quality (TCEQ). The installation of new underground tanks that would increase capacity within the Edwards Aquifer Recharge Zone was capped in October 2012 and is prohibited by the State of Texas. The installation of aboveground tanks is allowed with secondary containment and must be approved through TCEQ to meet all environmental standards.
The applicant indicated that the secondary containment would be designed and built within the tanks, plus they would include additional containment at the point of fuel delivery. This containment is required to be large enough to hold at least the volume of the tanks. When tanks are removed from a site, aboveground tanks are easier to mitigate than belowground tanks.
The tanks must also comply with all safety, electrical and construction regulations. The International Fire Code requires tanks be a minimum of 25 feet from the property lines and 15 feet from a building or public way (the setback applies to the tank only, not the containment).
In addition to the State regulations and Fire, Building and Electrical Code requirements, the City of New Braunfels’ Zoning Ordinance also requires approval of a rezoning with a Special Use Permit (SUP) for aboveground tanks. The applicant is requesting a Type 2 SUP, which is subject to a site plan plus any conditions adopted by City Council. The applicant is proposing to conceal the tanks from view within a freestanding structure designed in compliance with the City’s façade design standards that will complement other proposed structures on the property.
General Information:
Size: Approximately 3.6 acres
Surrounding Zoning and Land Use:
North - Across Loop 337, C-3 / Shell gas station, R & H alcohol sales
South - M-1 / Indoor recreation facility
East - M-1 / Blieders Creek, drainage
West - Across River Road, M-1 / Dean Word - construction contractors
Comprehensive Plan/ Future Land Use Designation:
Commercial
Floodplain:
Approximately the eastern 1/3rd of the property is within the 1% annual chance flood zone (100-year floodplain).
Regional Transportation Plan:
The property has frontage on Loop 337 that is indicated on the Regional Transportation Plan as an Expressway, up to 300 feet in width. The current right-of-way width along the subject property is approximately 200 feet. The potential requirement for dedication of property along Loop 337 will be reviewed with platting. If additional right-of-way is required to be dedicated with the platting of the property (up to approximately 50 feet may be required) the proposed location of the aboveground tanks would still meet the required setbacks.
River Road is designated as a Minor Arterial with 90 feet of right-of-way width. The current right-of-way width along the subject property is approximately 60 feet. Dedication of approximately 15 feet of right-of-way will be required with platting of the property.
Hike & Bike Trails Plan:
A 10-foot wide shared use path is to be constructed by the property owner along River Road to satisfy the requirements of the adopted Hike & Bike Trails Plan.
Improvement(s):
Restroom facility and RV parking sites to be removed.
Determination Factors:
In making a decision on zoning, the following factors are to be considered:
§ Whether the permitted uses will be appropriate in the immediate area, and their relationship to the area and to the City as a whole (The proposed use of the property is suitable for the subject location at the intersection of an expressway and arterial roadway which serves as a commercial node. Commercial use is consistent with existing adjacent uses which would together serve the neighborhood as well as tourism related economic activity in the vicinity.);
§ Whether the change is in accord with any existing or proposed public schools, streets, water supply, sanitary sewers, and other utilities to the area (The proposed zoning change should not negatively impact public schools or streets; the adequacy of utilities to serve the use will be evaluated by the providers.);
§ How other areas designated for similar development will be affected (There should be no negative impact on other areas designated for similar development; commercial property across Loop 337 is already developed with a similar use.);
§ Any other factors that will substantially affect the public health, safety, morals, or general welfare (The proposed fuel storage is strictly regulated by the State of Texas and, therefore, will not negatively affect public health, safety, morals, or general welfare. The applicant will be required to comply with all regulations.); and
§ Whether the request is consistent with the Comprehensive Plan (The request is consistent with the Future Land Use Plan designation of this site as Commercial.)
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
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Yes |
City Plan/Council Priority: 2006 Comprehensive Plan Pros and Cons Based on Policies Plan |
Pros: Goal 1: Promote manageable growth to achieve a proper balance of economic expansion and environmental quality while maintain the community’s unique qualities. The commercial use of this property as a gas station will be conveniently located to service the developing Loop 337 corridor and tourism traffic in the vicinity. Objective 1A: Evaluate proposed zone changes to maintain land use compatibility, as well as the integration of mixed land uses as a component of achieving better places to live. The proposed zoning and use is consistent with the Future Land Use Plan. Goal 12: Protect and enhance the visual environment of the City. The proposed screening of the aboveground fuel tanks will be consistent with adopted design standards and will shield the tanks from public view. Cons: Goal 52: Safeguard natural resources through acquisition, preservation, and eco-friendly planning. Bulk fuel storage can always pose a risk to groundwater as well as streams if a leak occurs. However, aboveground storage tanks are safer than belowground tanks since leaks can be seen. Additionally, they are required to provide secondary containment with an approved leak detection system. Mitigation for spills is less complicated with aboveground tanks as it’s more difficult to detect underground leaks. |
FISCAL IMPACT:
N/A
Recommendation
COMMITTEE RECOMMENDATION:
The Planning Commission held a public hearing on January 9, 2018, and recommended denial of the request (8-0-0) with Commissioner Elrod absent.
STAFF RECOMMENDATION:
Staff recommends approval of the applicant’s request as the tanks will be required to meet all current safety construction standards, will be visually screened within a structure, and are consistent with the Future Land Use Plan designation of Commercial and several goals and objectives of the Comprehensive Plan. Furthermore, the tanks will still be required to obtain a TCEQ permit and meet all of the State’s environmental standards.
Notification:
Public hearing notices were sent to 8 owners of property within 200 feet of the subject property. The Planning and Community Development Department has received no responses in favor or opposed.
Attachments:
1. Aerial & Regional Transportation Plan Map
2. Application
3. Site Plan, Structure Elevations and Proposed Tank Product Information
4. Zoning and Land Use Maps
5. Notification & Map
6. Photograph
7. Zoning Ordinance Sections 3.4-11 & 3.6, Bulk Storage Definition
8. Excerpt from the Planning Commission Meeting Minutes of January 9, 2018
9. Ordinance