File #: 24-0562    Version: 1 Name: Second Reading - BuKhari Gas Station SUP
Type: Agenda Item Status: Approved
File created: 10/23/2024 In control: Planning
On agenda: 11/12/2024 Final action: 11/12/2024
Title: Consider and take action on Ordinance No. 2024-48, an ordinance adopting a Special Use Permit, SUP-24-0002 (Bukhari Convenience Store), for a gas station with a convenience store, “vehicle fueling station” use, on approximately 0.5 acres zoned “CG” (General Commercial), generally located on the northwestern corner of the Gulf Freeway (Interstate Highway 45) and West Main Street (Farm to Market Road 518), with the address of 101 North Gulf Freeway - Second Reading (Director of Planning) Planning and Zoning Commission recommended approval, 7-0-0, on October 7, 2024, subject to conditions, with one member absent. City Council approved the first reading, 8-0-0, on October 22, 2024, subject to conditions.
Attachments: 1. Ordinance 2024-48, 2. Exhibit A, 3. Exhibit B

Title

Consider and take action on Ordinance No. 2024-48, an ordinance adopting a Special Use Permit, SUP-24-0002 (Bukhari Convenience Store), for a gas station with a convenience store, “vehicle fueling station” use, on approximately 0.5 acres zoned “CG” (General Commercial), generally located on the northwestern corner of the Gulf Freeway (Interstate Highway 45) and West Main Street (Farm to Market Road 518), with the address of 101 North Gulf Freeway - Second Reading (Director of Planning)

 

Planning and Zoning Commission recommended approval, 7-0-0, on October 7, 2024, subject to conditions, with one member absent.

 

City Council approved the first reading, 8-0-0, on October 22, 2024, subject to conditions.

 

Background:

Approval of this ordinance will grant a Special Use Permit (SUP) for a "Vehicle Fueling Station" use.

 

1983 - The original gas station with convenience store was constructed.

August 10, 1999 - The property was initially zoned as “CG” (C-3) General Commercial.

April 2018 - TxDOT acquired a 0.1231-acre parcel from the Subject Tract with the intent of widening I-45.

January 2019 - The existing convenience store and fuel pumps were demolished.

March 27, 2024 - A Pre-Development Meeting for this proposed use was held.

June 28, 2024 - The applicant held a Neighborhood Meeting. No neighbors attended the meeting. 

July 3, 2024 - The SUP application was received and accepted by Staff.

September 18, 2024 - Public notice signs were posted on the Subject Tract, and notice letters were mailed to all property owners within 200’ of the Subject Tract.

September 20, 2024 - A legal notice of the public hearing was advertised in the Galveston County Daily News.

October 7, 2024 - The Planning and Zoning Commission held a public hearing and recommended approval, subject to staff’s conditions by a vote of 7-0-0 with one member absent.

October 22, 2024 - City Council held a public hearing and approved the request, 8-0-0. 

November 12, 2024 - If approved on first reading, City Council will consider the second reading of the request.

 

Project Summary:

If approved, a Special Use Permit will be granted to reconstruct a ±2,130 square foot convenience store with 12 fueling pumps on the 0.5-acre property. The previous gas station was demolished in 2019 as a result of right-of-way acquisition by TxDOT for the expansion of Interstate Highway 45. 

 

The Subject Tract is located at the intersection of I-45 and FM 518, a gateway entrance into League City. Because of the location at the gateway to League City, the applicant has agreed to paint and maintain a League City themed mural on the eastern wall of the convenience store facing towards the center of the intersection. Additionally, the gas station will provide two electric vehicle charging stations and staff is recommending that the site be equipped with a generator that can operate all essential emergency fueling systems. This will allow for the gas station to be functional in the event of power loss, and this will be particularly beneficial in the aftermath of extreme weather events. 

 

The property conforms to the Future Land Use Map in the 2035 Comprehensive Plan, which identifies the area as EADC (Enhanced Auto Dominant Commercial). According to the 2035 Comprehensive Plan, Enhanced Auto-Dominant Commercial is focused on convenience and access for customers and employees exclusively by automobile located at major intersections.

 

On October 7, 2024, the Planning and Zoning Commission held a public hearing. No one spoke during the hearing.  The Commission recommended approval, subject to staff’s conditions by a vote of 7-0-0 with one member absent.

 

On October 22, 2024, the City Council held a public hearing and approved the item subject to staff's conditions by a vote of 8-0-0.

 

Staff recommends approval of the Special Use Permit subject to the following conditions:

 

1.                     The SUP shall expire after a period of 24 months beginning upon the date of adoption of the SUP ordinance by City Council if no formal application is submitted to the City for development of the site.

2.                     The uses permitted on-site will be limited to those permitted in the General Commercial zoning district and a Fueling Station and Convenience Store.

3.                     The site layout shall be substantially similar to that which is displayed on the site plan and elevations. This includes the parking requirements, landscaping, fencing, and elevations.

4.                     The property owner shall provide a mural as indicated on the building elevations. The property owner shall incur all costs associated with the installation and maintenance of the mural. Upon the issuance of a building permit, the applicant shall:

a.                     Have 12 months to receive design approval from the City of League City;

b.                     Have 18 months to install the mural. 

5.                     Motor fuel dispensing facilities shall be pre-wired with an approved, permanently installed and mounted generator and affixed transfer switch capable of operating all essential emergency fueling systems. Generator shall be capable of operating all essential emergency fueling system components and dispensing motor fuel safely and reliably within 24 hours after any disaster or sustained electrical outage. The generator must be capable of supplying a minimum of 150 percent of the total ampacity requirements of all of the essential emergency fueling systems equipment for the power outage period during normal posted operational hours.

6.                     The mutual access easement located in the western corner of the tract (and shown in the attached site plan) is required. This mutual access easement shall be recorded prior to the issuance of any permits for this site.                      

7.                     Canopy Lights. Light fixtures mounted on canopies or vehicle fueling station islands shall be recessed so that the lens cover is recessed or flush with the bottom surface (ceiling) of the canopy.

8.                     The fueling canopy posts shall be covered in a material that matches the primary structure. 

9.                     Dumpster enclosures shall be screened with a masonry wall consistent with the material used on the primary structure. In addition, a continuous, evergreen hedge not less than three (3) feet tall spaced not less than three (3) feet on center shall be installed around the structure.

10.                     One monument sign shall be permitted. All signage materials must be complementary to the primary building in keeping with the Covenants, Conditions and Restrictions, enforced by the Property Owners Association.

11.                     Canopy signage will be calculated the same fashion as the wall signage for the building. 

12.                     Allow a decreased landscaped buffer yard width along the eastern and southern property lines from 10 feet to 2.5 feet. All of the required plantings must be provided in accordance with the development regulations.

 

Attachments:

1.                     Ordinance No. 2024-48

2.                     Exhibit A

3.                     Exhibit B

 

Origination:

Planning Department

Applicant: Chris Heard of GMS Connects, LLC

Owner: S.R. Bukhari, Inc.

 

FUNDING

{X} NOT APPLICABLE

 

STRATEGIC PLANNING

{X} Addresses Strategic Planning Critical Success Factor #8 (Quality-Built Environment)