Title
Consider and take action on a request for a Special Use Permit, SUP-25-0014 (Anchor Bay Gas Station), to allow for an Automobile/Vehicle Fueling Station use on approximately 2.8 acres zoned “CN” (Neighborhood Commercial), generally located at the northeast corner of South Egret Bay Boulevard (FM 270) and Austin Street (Director of Planning)
The Planning and Zoning Commission's motion to approve failed, 2-4-0, on February 12, 2026.
Background:
Approval of this item will adopt a Special Use Permit for a vehicle fueling station.
Project Timeline
August 10, 1999 - The property was initially zoned as Single-Family Residential (R-1).
August 31, 2005 - The Subject Tract was rezoned as Neighborhood Commercial as part of a city-wide Zoning Map update.
August 5, 2025 - A Pre-Development Meeting for this proposed use was held.
September 5, 2025 - The applicant held a Neighborhood Meeting. One member of the public attended the meeting.
September 17, 2025 - The SUP application was submitted to the Planning Department.
January 26, 2026 -Notice letters were mailed to all property owners within 200’ of the Subject Tract and a notice was published on the city’s website.
January 28, 2026 - A legal notice of the public hearing was advertised in the Galveston County Daily News, and a public notice sign was posted on the Subject Tract.
February 12, 2026 - The Planning and Zoning Commission held a public hearing and recommended denial of the request.
February 24, 2026 - City Council is scheduled to conduct a public hearing and consider the request on first reading.
March 24, 2026 - If approved on first reading, City Council will consider the second reading of the request.
Project Summary:
The purpose of the request is to construct a gas station with a convenience store, classified as a Vehicle Fueling Station on approximately 2.8 acres (123,479 square feet). The development will include a separate retail shell building. The gas station will have 5 fueling stations (10 fueling pumps) and a 6,100-square-foot convenience store. Per the Unified Development Code (UDC), Vehicle Fueling Stations require an SUP to be located within the “CN” zoning district.
The applicant is proposing the following enhancements should the SUP be approved:
Onsite Backup Generator - A recommended condition of this SUP (Condition #2) requires the fuel dispensing facility to be equipped with a generator that can operate all essential emergency fueling systems. This will allow the gas station to be functional in the event of power loss, and this will be particularly beneficial in the aftermath of extreme events.
Electric Vehicle Charging - The proposed gas station will provide two electric vehicle charging stations. This will allow for residents and travelers with electric vehicles to be serviced at this station as well.
Elevations - The proposed exterior elevations of the convenience store are comprised primarily of concrete masonry, stone veneer, metal panels, and painted stucco. The proposed fuel pump canopy will match the convenience store elevations per Condition #5, listed below.
Landscaping - In total, 64 trees will be planted on the property. A buffer yard will be established along the north and east property lines, consisting of four ornamental trees and four canopy trees per 100 linear feet. In addition, the site will include a berm with a continuous hedge and supplemental tree plantings along FM 270 and Austin Street.
On February 12, 2026, the Planning and Zoning Commission held a public hearing on this request. Three people spoke at the request, two in opposition and one in support. Concerns raised included wildlife impacts from construction, increased traffic, number of gas stations in the area, loss of privacy for adjacent residences, and light and noise impacts. The motion to approve the Special Use Permit failed, 2-4-0.
Should the council choose to approve the request, staff recommends 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. 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.
3. The uses permitted on-site will be limited to those permitted in the Neighborhood Commercial zoning district and by this SUP for a Vehicle Fueling Station use.
4. 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.
5. The fueling canopy posts shall be covered in a material that matches the primary structure.
6. 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.
7. Only one monument sign shall be permitted on each street frontage. All signage materials must be complementary to the primary building in keeping with the Covenants, Conditions and Restrictions enforced by the Property Owners Association.
8. Any canopy signage will be calculated towards the maximum wall signage along FM 270 for the building occupied by the gas station / convenience store.
Attachments:
1. Proposed Ordinance
2. Exhibit A - Zoning Map
3. Exhibit B - Site Plan, Landscape Plan, and Elevations
CONTRACT ORIGINATION:
Planning Department
Applicant: Ernie Ramos of Dimensions Architects
Owner: B&B 270 Holdings, LLC
FUNDING
{X} NOT APPLICABLE
STRATEGIC PLANNING
{X} Addresses Strategic Planning Critical Success Factor #8 (Quality-Built Environment)