Title
Consider and take action on an appeal of City Council's September 22, 2026 denial of Special Use Permit SUP-26-0002 (Always Market), for a Vehicle Fueling Station on approximately 1.65 acres zoned "CG" (General Commercial), generally located at the northwest corner of FM 646 and South Egret Bay Boulevard (FM 270), by taking one of the following actions: (1) denying the appeal and upholding the previous denial; or (2) granting the appeal and adopting an ordinance approving the Special Use Permit, subject to conditions (Director of Planning)
Planning and Zoning Commission motion to approve failed, 2-2-0, on August 27, 2026.
City Council motion to approve failed, 3-5-0, on September 22, 2026.
Background:
This item concerns an appeal of City Council's September 22, 2026 denial of Special Use Permit SUP-26-0002 (Always Market), requesting authorization for a Vehicle Fueling Station on approximately 1.65 acres generally located at the northwest corner of FM 646 and South Egret Bay Boulevard.
On August 27, 2026, the Planning and Zoning Commission held a public hearing on the request. The motion to recommend approval failed by a vote of 2-2-0. On September 22, 2026, City Council held a public hearing and considered the request. The motion to approve the SUP failed by a vote of 3-5-0.
Section 2.16.6(b) of Chapter 125 of the League City Code of Ordinances allows an appeal of City Council's decision to be filed with the City Secretary within 12 days following Council action. The City Secretary received the applicant's appeal on September 25, 2026, within the required filing period. No changes have been made to the original application.
Staff has provided public notice of the November 17, 2026 public hearing to allow neighboring property owners and other interested parties an opportunity to provide comments in support of or opposition to the request.
City Council is now being asked to consider the appeal and take one of the following actions:
Option 1: Deny the Appeal and Uphold the Previous Denial
Council may deny the appeal and uphold its September 22, 2026 decision. The SUP would remain denied, and no ordinance would be necessary.
Option 2: Grant the Appeal and Approve the SUP with Conditions via Ordinance
Council may grant the appeal, reverse its September 22, 2026 denial, and adopt the proposed ordinance approving SUP-26-0002, subject to the following 13 conditions recommended by Staff. Final approval would be subject to the City's applicable ordinance reading requirements (2 readings).
1. 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. The 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.
2. 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.
3. Any 8-liners, game rooms, gambling devices, or the like are not permitted within the entire site.
4. The uses permitted on-site will be limited to those permitted within the General Commercial zoning district and by this SUP for a Fueling Station and Convenience Store.
5. 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.
6. The fueling canopy posts shall be covered in a material that matches the primary structure.
7. 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.
8. Only one monument sign shall be permitted along the street frontage of FM 646 and Egret Bay Boulevard. All signage materials must be complementary to the primary building.
9. Any wall signage located on the gas pump canopy shall be considered part of, and counted toward, the total allowable wall sign area for the corresponding building wall facing the same street frontage. The combined sign area of the building wall signage and canopy wall signage shall not exceed the maximum wall sign area permitted for that building elevation.
10. To mitigate the impact of increased traffic and ensure Kentucky Avenue meets City Standards, the following is required:
a. The applicant shall reconstruct Kentucky Avenue using a minimum 6-inch-thick reinforced concrete pavement section.
b. Improvements must begin from FM 646 to the terminus of the curb radii of the southernmost driveway on Kentucky Avenue. Concrete paving is required to prevent damage (rutting, shoving, and chemical degradation) that heavy truck loads and fuel spills cause to asphalt pavement.
c. The design must include a proper doweled transition at the existing concrete joint and a saw-cut transition where the new concrete meets existing asphalt south of the project site. All work shall conform to League City Design & Construction Standards.
11. Sage Street shall be constructed with 6-inch concrete pavement to meet City Standards.
12. The driveway location on Sage Street must maintain a minimum clearance of 50 feet from the edge of pavement.
13. Large fueling (i.e., 18-wheelers), delivery, and refuse trucks shall be prohibited from entering or exiting the site via Kentucky Avenue.
Attachments:
1. Proposed Ordinance
2. Exhibit A - Zoning Map
3. Exhibit B - Site Plan and Elevations
4. 2026-09-25 Appeal Request - SUP-26-0002
CONTRACT ORIGINATION:
Planning Department
Applicant: Labiba Mahmood of Midstream & Terminal Services, LLC
Owner: Maghareh & Rajabi Family, LP
FUNDING
{X} NOT APPLICABLE
STRATEGIC PLANNING
{X} NOT APPLICABLE