(7)(a)
CITY COMMISSION REGULAR MTG
- Meeting Date:
- 05/07/2025
- Title:
- Consider and take action on Preliminary Zoning Approval of Zoning Change Request from Hugh Patrick Constructors, Inc. to rezone 6.0821 acres at 2628 Texas Ave from District "E" (General Business) to District "F" (Light Industrial) for third-party storage of industrial equipment, materials and supplies and other uses.
- Submitted For:
- Kim Golden
- Submitted By:
- Curt Kelly, Transportation and Planning
- Department:
- Transportation and Planning
Information
ACTION REQUEST
Consider and take action on Preliminary Zoning Approval of the Zoning Change Request from Hugh Patrick Constructors, Inc. to rezone 6.0821 acres from District "E" (General Business) to District "F" (Light Industrial) for third-party storage of industrial equipment, materials and supplies and other uses. The property is located at 2628 Texas Avenue, north of Texas Ave and east of 27th Street North.
BACKGROUND (Brief Summary)
Applicant, Donald P. Tarpey on behalf of owner, Hugh Patrick Constructors, Inc, and Co-applicant, Texas City Terminal Railway seeks a rezoning 6.0821 acres at 2628 Texas Ave from District E (General Business) to District F (Light Industrial) as a condition for the leasing of the subject location to Texas City Terminal Railway for the purpose of outside storage of industrial equipment, materials and supplies and other uses. The site was originally constructed and operated as a grocery store from 1959 to 1979 (Texas Superfoods, Inc.). It has operated as the principal office and yard facility for a construction company since 1980 (Don Tarpey Construction, Tarpey, Inc., and Hugh Patrick Constructors, Inc.).
EXISTING CONDITION: The 6.0821-acre site is currently developed with a large parking lot adjacent to Texas Avenue, an existing building which is the former grocery store converted into office and warehouse space, and fenced open space in the rear with some pavement, loading docks and miscellaneous storage type buildings. The site is not vacant, being occupied and used as an office facility, but it does not appear to have an active construction yard with stored materials.
APPLICABLE ZONING REQUIREMENTS AND CONDITIONS: The subject location is currently zoned District "E" (General Business) which purpose is to provide an extensive variety of enclosed retail and commercial services to serve the overall needs of the community. Due to the variety and potential intensity of these uses, they should be located along major transportation corridors and appropriately buffered from residential areas. The property adjacent to the front section of the parcel is also zoned District "E" (General Business). The adjacent property to the east and north is zoned District "A" (Single Family Residential). The property across 27th Street N to the west is also zoned District "A" (Single Family Residential). The property across Texas Avenue is zoned District "IBD" (Industrial Business District). The property does not have any buffering or screening between the residential and commercial uses as required by the current Zoning Ordinance.
GATEWAY OVERLAY DISTRICT: The subject property is also subject to the requirements of Secs 160.065 -160.069 Gateway Overlay District. This district requires 100% masonry construction, that all fences be masonry, that all utilities be underground, a minimum area of 15% landscaping, and other screening requirements. The existing building is of masonry construction and landscaping is limited. No site plan was provided with the application to show compliance with the 15% landscaping requirement of the Gateway Overlay District. The existing fencing is chain-link which does not comply with the Gateway Overlay District.
LAND USE PLAN: The subject property is located in a Revitalization Corridor. The revitalization corridors are characterized by dilapidated structures, fair to poor housing conditions, incompatible mixture of land uses and declining numbers of housing units and small businesses. The designation is linked directly to the Goals 2000 report and strategy for revitalization of Sixth Street and Texas Avenue. Any rezoning should help to reverse the deterioration being experienced along this corridor.
ANALYSIS: The original application requested rezoning from Section 160.035 District "E" (General Business) to Section 160.042 District "F-1" (Outdoor Industrial) which was a downgrade of the zoning district based upon a comparison of the allowable uses in each district. See attached comparison of the allowable uses and of the area and height regulations from the applicable ordinances. Uses allowed in District "E" (General Business) are required to be enclosed, whereas the uses allowed in District "F-1" (Outdoor Industrial) are some of the most incompatible exterior uses identified in the zoning ordinance. The allowable uses in District "F-1" include motor freight terminals, trucking terminals, railway freight terminals, the outdoor storage of sand, gravel, rock or earth, and the outdoor storage of industrial equipment or supplies. The F-1 District (Outdoor Industrial) does NOT require screening along side and rear lot lines NOR adjacent to any district zoned for residential use. For this reason, the Zoning Commission unanimously recommended rezoning to District F (Light Industrial) which requires any outdoor storage to be screened. The District F (Light Industrial) regulations would allow the uses requested by the Applicant and the Co-applicant tenant, Texas City Terminal Railway.
EXISTING CONDITION: The 6.0821-acre site is currently developed with a large parking lot adjacent to Texas Avenue, an existing building which is the former grocery store converted into office and warehouse space, and fenced open space in the rear with some pavement, loading docks and miscellaneous storage type buildings. The site is not vacant, being occupied and used as an office facility, but it does not appear to have an active construction yard with stored materials.
APPLICABLE ZONING REQUIREMENTS AND CONDITIONS: The subject location is currently zoned District "E" (General Business) which purpose is to provide an extensive variety of enclosed retail and commercial services to serve the overall needs of the community. Due to the variety and potential intensity of these uses, they should be located along major transportation corridors and appropriately buffered from residential areas. The property adjacent to the front section of the parcel is also zoned District "E" (General Business). The adjacent property to the east and north is zoned District "A" (Single Family Residential). The property across 27th Street N to the west is also zoned District "A" (Single Family Residential). The property across Texas Avenue is zoned District "IBD" (Industrial Business District). The property does not have any buffering or screening between the residential and commercial uses as required by the current Zoning Ordinance.
GATEWAY OVERLAY DISTRICT: The subject property is also subject to the requirements of Secs 160.065 -160.069 Gateway Overlay District. This district requires 100% masonry construction, that all fences be masonry, that all utilities be underground, a minimum area of 15% landscaping, and other screening requirements. The existing building is of masonry construction and landscaping is limited. No site plan was provided with the application to show compliance with the 15% landscaping requirement of the Gateway Overlay District. The existing fencing is chain-link which does not comply with the Gateway Overlay District.
LAND USE PLAN: The subject property is located in a Revitalization Corridor. The revitalization corridors are characterized by dilapidated structures, fair to poor housing conditions, incompatible mixture of land uses and declining numbers of housing units and small businesses. The designation is linked directly to the Goals 2000 report and strategy for revitalization of Sixth Street and Texas Avenue. Any rezoning should help to reverse the deterioration being experienced along this corridor.
ANALYSIS: The original application requested rezoning from Section 160.035 District "E" (General Business) to Section 160.042 District "F-1" (Outdoor Industrial) which was a downgrade of the zoning district based upon a comparison of the allowable uses in each district. See attached comparison of the allowable uses and of the area and height regulations from the applicable ordinances. Uses allowed in District "E" (General Business) are required to be enclosed, whereas the uses allowed in District "F-1" (Outdoor Industrial) are some of the most incompatible exterior uses identified in the zoning ordinance. The allowable uses in District "F-1" include motor freight terminals, trucking terminals, railway freight terminals, the outdoor storage of sand, gravel, rock or earth, and the outdoor storage of industrial equipment or supplies. The F-1 District (Outdoor Industrial) does NOT require screening along side and rear lot lines NOR adjacent to any district zoned for residential use. For this reason, the Zoning Commission unanimously recommended rezoning to District F (Light Industrial) which requires any outdoor storage to be screened. The District F (Light Industrial) regulations would allow the uses requested by the Applicant and the Co-applicant tenant, Texas City Terminal Railway.
The Applicants' stated purpose for the rezoning is to allow the applicant owner to lease the subject property to the co-applicant tenant (Texas City Terminal Railway) for the purpose of storing industrial equipment and supplies at the site. The applicants indicate the tenant intends for all storage to be maintained inside the enclosed buildings and acknowledge that any outside storage will require screening.
Given these voluntary restrictions, the recommended rezoning to Section 160.041 District "F" (Light Industrial) is a better accomodation for the existing conditions in the neighborhood. District "F" (Light Industrial) allows "any manufacturing, research, wholesale or warehouse operations which do not involve the primary production or storage of wood, metal or chemical products from raw materials, provided that such uses shall be contained within an enclosed building." District "F" also allows the outdoor storage incidental to the primary use; provided that such use shall be completely encompassed by a solid screening wall or fence of at least six feet in height, and, provided that, materials shall be stacked no higher than one foot below the wall or fence.
As shown in the side-by-side comparison attached, the District "F" (Light Industrial) designation would be less incompatible with the adjacent residential uses than the District "F-1" (Outdoor Industrial) uses, because the Light Industrial uses are to be enclosed. This is consistent with the requirements of the District "E" (General Business) district for most retail and commercial services to be enclosed.
Given these voluntary restrictions, the recommended rezoning to Section 160.041 District "F" (Light Industrial) is a better accomodation for the existing conditions in the neighborhood. District "F" (Light Industrial) allows "any manufacturing, research, wholesale or warehouse operations which do not involve the primary production or storage of wood, metal or chemical products from raw materials, provided that such uses shall be contained within an enclosed building." District "F" also allows the outdoor storage incidental to the primary use; provided that such use shall be completely encompassed by a solid screening wall or fence of at least six feet in height, and, provided that, materials shall be stacked no higher than one foot below the wall or fence.
As shown in the side-by-side comparison attached, the District "F" (Light Industrial) designation would be less incompatible with the adjacent residential uses than the District "F-1" (Outdoor Industrial) uses, because the Light Industrial uses are to be enclosed. This is consistent with the requirements of the District "E" (General Business) district for most retail and commercial services to be enclosed.
RECOMMENDATION
The Zoning Commission considered the request for zoning change at a special called meeting on March 25, 2025 at which is also held the required public hearing. The Zoning Commission unanimously recommended rezoning the property at 2628 Texas Ave from District E (General Business) to District F (Light Industrial).
Thirty-two (32) letters with Notice of the Public Hearing were sent by certified mail with return receipt requested to adjacent property owners. No written comments were received in response to the mailed notices. Mr. Dennis Irby, 2609 2nd Ave N, Texas City, appeared at the hearing to give comments in opposition to the zoning change. Mr. Irby stated that he is against storing items at this property and that the applicant should consider looking at properties south of Texas Ave. The Zoning Commission then deliberated and voted unanimously (5-0) to recommend approval of the zoning change from District "E" (General Business) to District "F" (Light Industrial).
Staff recommend rezoning the 6.0821 acres at 2628 Texas Ave from District E (General Business) to District "F" (Light Industrial), which zone is compliant with the applicant's expressed intent to use the site for enclosed storage within the building and some incidental outside storage. The enclosed nature of the allowable uses of the District "F" (Light Industrial) district is less likely to conflict with the existing residential uses of the adjacent properties.
In addition, due to the change in use, the site will need to be made compliant with the requirements of the Gateway Overlay District regarding the screening fences and landscaping. The Zoning Commission did concur that the applicant must meet the requirements of the Gateway Overlay District.
Thirty-two (32) letters with Notice of the Public Hearing were sent by certified mail with return receipt requested to adjacent property owners. No written comments were received in response to the mailed notices. Mr. Dennis Irby, 2609 2nd Ave N, Texas City, appeared at the hearing to give comments in opposition to the zoning change. Mr. Irby stated that he is against storing items at this property and that the applicant should consider looking at properties south of Texas Ave. The Zoning Commission then deliberated and voted unanimously (5-0) to recommend approval of the zoning change from District "E" (General Business) to District "F" (Light Industrial).
Staff recommend rezoning the 6.0821 acres at 2628 Texas Ave from District E (General Business) to District "F" (Light Industrial), which zone is compliant with the applicant's expressed intent to use the site for enclosed storage within the building and some incidental outside storage. The enclosed nature of the allowable uses of the District "F" (Light Industrial) district is less likely to conflict with the existing residential uses of the adjacent properties.
In addition, due to the change in use, the site will need to be made compliant with the requirements of the Gateway Overlay District regarding the screening fences and landscaping. The Zoning Commission did concur that the applicant must meet the requirements of the Gateway Overlay District.
Fiscal Impact
Attachments
- 2628 Texas Ave - ZC Staff Report
- 2628 Texas Ave - Application
- 2628 Texas Ave - Plat
- Zoning Search Tool
- Comparison of Uses District E & District F-1
- 2628 Texas Ave - Legal Description