Consider and take action on the zoning change request from The Interfield Group to rezone from District "O" (Open Space) to District "E" (General Business) for a proposed Convenience Store and Retail Development. Located at 1414 FM 646 on the east side of Vicksburg Lane and west of Hwy 146 N.
Submitted For:
Kim Golden, Transportation and Planning
Submitted By:
Veronica Carreon, Transportation and Planning
Department:
Transportation and Planning
Information
ACTION REQUEST
Consider and take action on the zoning change request from The Interfield Group to rezone 9.46 acres from District "O" (Open Space) to District "E" (General Business) for a proposed Convenience Store and Retail Development. Located at 1414 FM 646 on the east side of Vicksburg Lane and west of Hwy 146 N.
BACKGROUND (Brief Summary)
The applicant, Jack Hernandez, The Interfield Group, for owner, Palmer TC Investment LLC, proposes to subdivide 9.56 acres located on the east side of Vicksburg Lane at FM 646 to construct a new 4,700sft convenience store with fuel pumps and a new 12,000sft retail strip centers. The property is currently zoned District O – Open Space and requires rezoning for the proposed uses. An application for an amending plat to subdivide the property into three lots is pending. The location is also within the Gateway Overlay District and requires masonry building facades, enhanced landscaping, and underground utilities among other things.
The site is existing vacant acreage. The property across Vicksburg Lane to the west is zoned District A - Single Family Residential and mostly vacant except for an existing business (Curran International). The adjacent properties to the north and east are zoned District O and have occupied commercial establishments. The property to the south across FM 646 is also zoned District O and has an occupied commercial establishment.
The subject location is currently zoned District O (Open Space) which purpose is to provide for land inside the city limits which is not subdivided and/or relatively undeveloped. It is anticipated that all O districts will be rezoned to other zoning classifications as the city proceeds toward full development. District E (General Business) is intended to provide for 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 be appropriately buffered from residential areas. The enumerated allowed principal uses includes 160.035(B)(12) "any retail sales, commercial business or service which is not included in the O-P, D, or D-1 Zoning Districts, provided that all such uses shall be completely within an enclosed building and are not noxious or offensive by reason of the emission of odor, dust, gas fumes, noise or vibration. The proposed convenience store and retail strip are consistent with the District E General Business zoning classification.
The site DOES NOT have access to Texas City municipal water and sewer. The applicant will need to annex into the Bacliff MUD to obtain access to water and sewer service. The property is required to have access to public water and sewer service before a building permit can be issued.
The site drains in part to FM 646, but in large part to a detention pond to be constructed in future Lot 3 which will discharge into the right of way of Vicksburg Lane and flow north into an improved drainage canal in the League City jurisdiction. The detention pond will be donated to a property owners association to be created by the Applicant and burdened with a drainage easement in favor of Lots A & B. Future Lots A & B will share a driveway from FM 646. Lot A will also have a driveway from Vicksburg Lane. Elevation plans provided for the C-Store and Retail strip indicate construction materials will consist of CMU block with stone veneer and stucco, and some pre-finished metal coping and aluminum canopy. The buildings are shown to have standing seam metal roofs. These materials satisfy the requirements of the GWY.Applicant also provided landscaping plans which show landscaping in excess of 15%, which includes the placement of 88 trees of 3-inch caliper and 520 shrubs. The dumpsters are shown to have the necessary enclosures.
RECOMMENDATION
The proposed site improvements include a 4700sft convenience store with 24 striped parking spaces, which includes one designated as accessible. The proposed site improvements also include a 12,000sft retail strip with 60 striped parking spaces, which includes four designated as accessible.
Texas City water and sewer are NOT available to the site. Applicant will be required to annex into the Bacliff MUD to obtain the new water and sewer connections. Mayor Johnson has provided a letter of no objection to the Bacliff MUD. Formal consent to annexation by the City Commission will be required when applicant submits its petition to the MUD.
At its regular meeting on July 1, 2024, the Planning Board voted without opposition (5-0) to approve the proposed site plan, subject to the applicant obtaining the necessary zoning change, the property owners association being created, and the subdivision being recorded in proper form.
At its regular meeting on August 6, 2024, the Zoning Commission held a public hearing. Eight (8) letters with Notice of the Public Hearing were mailed to adjacent property owners. No one appeared at the hearing to give comments in favor or in opposition to the zoning change. The Zoning Commission then deliberated and voted unanimously (5-0) to recommend approval of the zoning change from District "O" Open Space to District "E" General Business for the 9.56 acres at 1414 FM 646.
Staff have no objection to the proposed re-zoning provided it is subject to the establishment of a property owners association and the recording of a subdivision in proper form. The applicant will also be required to obtain water and sewer service as a condition to obtain a building permit.