Consider and take action on Preliminary Zoning Approval for 1025 5th Ave N - Paks Food Store (Former Tiger Mart) from District "F" (Light Industrial) to District "D" (Neighborhood Service)

The applicant is Nasser Zia for the owner Saeed Gaddi. This project began as a code enforcement case for the removal of leaking underground tanks and other code violations. Enforcement progressed through the court and an abatement order was entered to compel removal of the tanks and demolition of the building. The property is under contract to sell, and the prospective new owner negotiated a forbearance agreement to avoid demolition of the building. In accordance with the forbearance agreement, the leaking underground tanks and fuel station have been removed. The new owner now seeks to remodel the existing building as a convenience store and fuel station with new underground tanks and fuel pumps and to make the property compliant with all applicable codes including the Zoning Ordinance.

The site is a 0.502-acre lot with an existing building which has been vacant and unoccupied for several years. The underground fuel tanks, fuel pump, and canopy have been removed.

DEVELOPMENT PLAN - The Planning Board approved a Development Plan, subject to completing the rezoning change at its regular meeting on August 4, 2025. The proposed project will install new underground fuel tanks and fuel pumps on the vacant property east of the existing building; it will close the southwest driveway on 77th St. N and add a new driveway to Sth Ave N. The new driveway will be located on an easement adjacent to the east property line to be acquired from the Texas City Economic Development Corporation. The site plan shows the relocation and enclosure of the dumpster with a masonry screening wall and metal doors, adds a parapet wall to the roof to screen the rooftop unit, and adds landscaping as required by the zoning ordinance.

The addition of the new driveway on 5th Ave N is necessary to allow onsite access for the fuel trucks to the new location for the new tanks on the vacant property east of the existing building. The tanks cannot be reinstalled to the location of the previous tanks because the canopy and fuel station would not meet the applicable setbacks.

The applicant has provided a survey and legal description for the easement. The Texas City Economic Development Corporation (TCEDC) has approved terms for the sale of the easement. The City Attorney is drafting the easement, which will expire unless construction is completed within one year, and whenever the site is no longer to be used for a fuel station.

REZONING APPLICATION - The property is currently zoned District "F" (Light Industrial), which is not compliant with the use as a convenience store with fuel station. Convenience stores with fuel stations are allowable uses in the District "E" (General Business) zoning district and may be allowed in District "D" (Neighborhood Services) if sized to support local neighborhood. The property north and west of the site is currently zoned District "B" (Single Family Attached Duplex Residential) and is currently developed with existing single-family dwellings. The property south and east of the site is currently zoned District "F" (Light Industrial). The adjacent property south of the site is occupied with warehousing for CR Ventures Global LLC. The adjacent property to the east is owned by the TCEDC and used by the City of Texas City Public Works Department as a material storage yard. The property east of 10th St. N is zoned District "E" (General Business).

The abatement of the dangerous and unsightly code violations is a benefit for the neighborhood. The reopening of a convenience store will also be a benefit to the neighborhood, which does not have ready access to convenient retail. It will also support a revitalization of the commercial corridor along 5th Ave N, which is a convenient access point for the Sixth Street Revitalization District.

The zoning change from District "F" (Light Industrial) to District "D" (Neighborhood Service) is also an improvement for the area. The property is bounded on the north and west by property zoned District "B" {Single Family Attached Duplex Residential) which actually has existing single-family residences. The property is bounded on the south by an existing warehouse installation and on the east by the Texas City Public Works material storage yard. The warehouse and storage yard uses are both consistent with the District "F" (Light Industrial) zoning district. The District "F" (Light Industrial) seems to date from the existence of the TCT Railroad, which is no longer active and has transferred its right of way to Texas City. 10th St. N appears to be located within the former railroad right-of-way.

The existing abutment of the District "B" (Single Family Attached Duplex Residential) to the District "F" (Light Industrial) district is inherently incompatible. The zoning change of the site from District "F" (Light Industrial) to District "D" (Neighborhood Service) will help buffer and provide a transition between the incompatible zones.

The Zoning Commission held a public hearing upon notice to adjacent property owners on October 21, 2025.  The Notice of the Zoning Commission Hearing was mailed to 19 property owners within 200 ft.  No letters of opposition were received, and no one appeared at the hearing held on October 21, 2025, to oppose the zoning change.  After conducting the public hearing and having all questions answered by the Applicant, the Zoning Commission voted 4-0 to recommend approval of the zoning change from District "F" Light Industrial to District "D" Neighborhood Service conditioned upon Applicant obtaining the additional easement from TCEDC upon terms acceptable to the TCEDC.

 The Planning Board reviewed the rezoning application and recommended approval (4-0) at its regular meeting on August 4, 2025 conditioned upon Applicant obtaining the additional easement from TCEDC upon terms acceptable to the TCEDC.

The Zoning Commission held a public hearing and considered the rezoning application at its regular meeting on October 21, 2025 and voted (4-0) to recommend approval of the zoning change from District F (Light Industrial) to District D (Neighborhood Service) conditioned upon Applicant obtaining the additional easement from TCEDC upon terms acceptable to the TCEDC.

Staff also have no objection to the requested zoning change from District "F" (Light Industrial) to District "D" (Neighborhood Service), which is an improvement for the neighborhood and reduces the degree of incompatibility with the adjacent existing residential uses and zoning designation.