Presenter
Presenter
Maddison O’Kelley, Assistant Planner
Contact Info
(830) 221-4056 - mokelley@nbtexas.org
Subject Header
SUBJECT:
Title
Public hearing and first reading of an ordinance amending the New Braunfels Code of Ordinances, Chapter 144, Zoning, Section 1.4 Definitions, Section 4.2 Land Use Matrix, and establishing Section 5.28 Truck Stops.
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BACKGROUND / RATIONALE:
City Council District: All
Staff Contact: Maddison O’Kelley
Assistant Planner, Development Planning Division
(830) 221-4056
mokelley@nbtexas.org
In 2012, City Council established a 2-mile distance criteria between truck stops. The intent at the time was to prevent a proliferation of truck stops at a higher density which is out of character with New Braunfels. Concerns expressed by City Council at the time included traffic congestion and a desire to prevent what is often seen along Interstate Highways where multiple truck stops conglomerate at single intersections (IH-10 and Foster Road in San Antonio was an example mentioned in the meeting). The current City Council directed staff at their September 14, 2020 regular meeting to research the truck stop land use, examine the 2-mile separation requirement, and provide a data-driven recommendation on appropriate development standards.
Issues
Generally, in addition to issues associated with traffic congestion, other issues that are often seen with multiple truck stops in close proximity include excessive diesel fumes, a more rapid degradation of public infrastructure, use conflict with other less intense nearby uses, excessive land/space consumption, and build-up of oil, diesel and tire residue that can flow into storm drains, creeks and rivers.
Questions recently arose about the current 2-mile distance requirement and if it is the best standard to determine land use compatibility for the community today. Staff spoke with industry professionals such as the National Association of Truck Stop Operations, worked with various City departments including the Public Works Department and the Economic and Community Development Department, and researched municipal regulations across the country and state to prepare a recommendation for the best standards for truck stops in New Braunfels.
Traffic
The Public Works Department staff indicate the traffic impact of a truck stop depends on the location of the site and can vary depending on the road or roads on which it is located; its proximity to on and off ramps if situated along a highway; existing and anticipated vehicle congestion on adjacent roads; and topography. Engineering staff concerns include the potential for unsafe traffic movement with vehicles weaving between trucks and passenger vehicles on state access roads and interchanges, obscured driver vision caused by vertical curves and roadway grades, and slower truck traffic exacerbating congested roadways today and in the future as the city continues to grow, build out, and infill development and redevelopment occurs.
With the number of variables impacting a site, specific site review through a Traffic Impact Analysis (TIA) report, and coordination with the Texas Department of Transportation (TxDOT) would provide the best and preferred method to evaluate the traffic impact of a truck stop.
Economic Development
The Economic and Community Development Department staff indicate the truck stop land use can significantly impact the quality of life of the community with marginal economic value in return. Existing truck stops are not a high tax generating source - both in real terms and relative to their land consumption - and would be located within corridors that could generate higher economic and community value when used for a different purpose. Furthermore, truck stops can bring additional jobs to the workforce, but these jobs are primarily retail trade with wage levels typically below that of the area’s median income.
Environmental and Public Health Impact
The environmental impacts of truck stops can outweigh the net benefit a truck stop can bring to the community. A 2006 report co-authored by the EPA stated that diesel exhaust generates “more than 40 hazardous air pollutants and considered to be the top toxic air risk in the U.S. today.” The impact on air quality is worsened if trucks are idling overnight at truck stop locations. Additionally, truck traffic can create low-frequency vibrations that can create noise impact and adversely affect residents in surrounding neighborhoods over time. Low frequency noise is not currently captured in the city’s noise nuisance standards.
National Standards Best Practices
• Establishing a distance requirement between truck stops is not common and maintaining a development standard with a distance requirement within the definition is not recommended.
• Additional buffering between truck stops and incompatible land uses such as residential neighborhoods is common. Buffering requirements can include additional landscaping, masonry walls, and a minimum setback between residential uses and truck stop facilities.
• Communities with public waterways such as New Braunfels have adopted regulations that prohibit truck stops within a certain distance of water bodies such as creeks, streams and rivers.
• Anti-idling regulations are common for both trucks and passenger vehicles in many cities including many in Texas. Mitigating overnight idling is recommended to address the air quality concerns posed by trucks, and to minimize overnight noise.
• Review by planning commission, zoning commission, and/or city council, in the form of special use permits, conditional uses, specific use authorizations or other zoning review tools that afford broader community input and decision making on location authorization, is a common practice.
Recommendation
Staff has proposed to amend the truck stop definition to exclude the separation requirement, and provide development standards for truck stops to mitigate the impact of the concerns outlined above. Staff also recommends requiring all new truck stops to obtain a Type 2 Special Use Permit (SUP). This will allow the City Council to evaluate a truck stop’s site-specific traffic impact, review the site in relation to the surrounding land uses, and ensure proposed truck stops are consistent with the character of the surrounding area, and are in accordance with the Comprehensive Plan, well before building permits are issued.
ADDRESSES A NEED/ISSUE IN A CITY PLAN OR COUNCIL PRIORITY:
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City Plan/Council Priority: Envision New Braunfels Comprehensive Plan |
Consistent Actions: Action 1.3: Encourage balanced and fiscally responsible land use patterns. Action 1.8: Concentrate future investment in industrial and employment centers near existing and emerging hubs, such as the airport; and along existing high capacity transportation networks, such as Interstate Highway 35. Action 1.11: Update policies and codes to achieve development patterns that implement the goals of this plan. Action 3.2: Consider multiple factors for guiding community growth, such as our downtown and the natural environment. Action 3.3: Balance commercial centers with stable neighborhoods. Action 3.6: Pro-actively provide a regulatory environment that remains business and resident friendly. Action 3.17: Enact policies that dis-incentivize incompatible commercial encroachment into neighborhoods that whittle away at the edges, while still allowing for neighborhood scale commercial within walking distance of homes. Action 5.18: Work with local businesses to reduce exhaust pollutants from large transport and other commercial vehicles. Action 7.52: Identify, designate and enforce preferred truck routes, non-peak hour truck delivery times, and hazardous cargo routes to improve safety. |
FISCAL IMPACT:
Can vary depending on location, different land uses that can develop on a site, and how they redevelop over time.
Recommendation
COMMITTEE RECOMMENDATION:
The Planning Commission held a public hearing on November 4, 2020 and recommended approval (6-0-0 with Chair Edwards, and Commissioners Tubb and Gibson absent).
STAFF RECOMMENDATION:
Approval. The proposed amendments facilitate a reasonable process to evaluate the potential impact new truck stops can have on the community, surrounding land uses and rights-of-way.
ATTACHMENTS:
1. Excerpt of Minutes from November 4, 2020 Planning Commission Regular Meeting
2. Draft standards
3. Draft ordinance