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File #: 19-044    Name:
Type: Ordinance Status: Consent Item Ready
File created: 12/14/2018 In control: City Council
On agenda: 1/14/2019 Final action:
Title: Approval of the second and final reading of an ordinance amending the Code of Ordinances, Chapter 144, Zoning, Sections 4 and 5, regarding above-ground fuel storage tanks.
Attachments: 1. HEALTH AND SAFETY CODE - ASTs, 2. AST amendment draft, 3. ordinance
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Presenter/Contact
Presenter
Christopher J. Looney, Planning and Community Development Director
Contact Info
(830) 221-4055 - clooney@nbtexas.org

Subject Header
SUBJECT:
Title
Approval of the second and final reading of an ordinance amending the Code of Ordinances, Chapter 144, Zoning, Sections 4 and 5, regarding above-ground fuel storage tanks.

Body
BACKGROUND / RATIONALE:
Case No.: CS-18-034

Council District: All

Applicant: City of New Braunfels

At their December 10, 2018 regular meeting, City Council unanimously approved the first reading of this ordinance (6-0).

The Zoning Ordinance currently includes a definition for the term "Bulk Storage":
Bulk storage of fuel and flammable liquids (except liquefied petroleum gas) shall be any aboveground tank for storage of subject liquids which exceeds 500 gallons water capacity, or any facility for which the total aggregate capacity of belowground storage tanks shall exceed 50,000 gallons. Bulk storage of liquefied petroleum gas shall be any facility for which the total aggregate capacity of storage tanks (including truck and/or trailer tanks) exceeds 2,000 gallons water capacity.
This definition in the Zoning Ordinance does not make a distinction between retail uses (such as gasoline filling stations), or other uses that may require fuel tanks (such as wholesale distributers, auto dealers, farm equipment sales, etc.).

The Use Matrix then specifies that bulk storage of gasoline petroleum products, liquefied petroleum and flammable liquids is not allowed in any of the current zoning districts. While that may give the impression this use is not allowed in New Braunfels, the beginning of the Use Matrix notes that an application for a Special Use Permit (SUP) may be made for any land use not permitted in any district.

Therefore, proposals for above-ground fuel storage tanks for any use (retail, wholesale, personal filling, etc.), and below ground tanks larger than 50,000 gallons aggregate, have been followi...

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