Leon Valley
TX

Ordinance
Ordinance 17-054

Discussion, Presentation, Public Hearing, and Possible Action to Approve Specific Use Permit #2017-279, a Request by QuikTrip Corporation, for the Development, Construction, and Operation of a 5,858 SF 24-Hour Convenience Store, With Retail Motor Fuel, Food, Sundries, Beer, and Wine Sales, With Off-site Consumption of Alcohol, on a 1.6948 Acre Tract of Land, in a B-2 (retail) Sustainability Overlay zoning district, Being Generally Located at 6461 Bandera Road

Information

Department:Public WorksSponsors:
Category:Amendment

Attachments

  1. Printout
  2. scan0001
  3. Letter in Opposition 1
  4. Letter in Opposition 2
  5. Zoning Commission Report to Council SUP 2017-279 (This file has not yet been converted to a viewable format)
  6. CC PPT_SUP 2017-279 9-5-17

Item Discussion

PURPOSE

 

To consider a request by J. Dudley, applicant for QuikTrip Corporation, to approve a request for a Specific Use Permit (SUP) for the development, construction and operation of a 5,858 square foot, 24-hour convenience store, with retail motor fuel, food, sundries, beer, and wine sales, with off-site consumption of alcohol, on a 1.6948 acre tract of land, in a B-2 (retail) Sustainability Overlay zoning district (Att. 1a, b, c, d).

 

Per the Leon Valley Code of Ordinances, Chapter 15 Zoning, Section 15.02.381, “Permitted Use Table,” the use “Convenience Store” is allowed by right, however the 24-hour operation and outdoor seating triggers the requirement for a SUP (Att. 2).

 

Site:              Lots 9, Block 1, CB 9925A, Seneca Estates Subdivision, generally located at 6461 Bandera Road (Att. 3).

 

Surrounding Zoning and Land Use (Att. 3):

 

              North, developed R-1 (Single-Family Dwelling) and B-2 (Retail)

              South, developed B-2 (Retail)

              East, developed R-1 (Single-Family Dwelling) and B-2 (Retail)

              West, developed B-2 (Retail)

 

History:

 

1970 - City rezoned properties along Bandera Road from R-1 (Single-Family Dwelling) to B-2 (Retail) to a depth of 400 feet.

 

1970 to present - the land remained vacant.

 

2016 - Zoning Commission heard and recommended approval of a convenience store at this site; however, the applicant withdrew their case prior to going before City Council.

 

Master Plan:                Both the 2009 and the recently revised Master Plan, Section 1bCC, Bandera Road South Corridor address this area in general, encouraging and maintaining B-2 (Retail) along the corridor to a depth of 200-feet and noting that all development must orient toward Bandera Road.

 

Staff Comments:             

 

1)              The request is consistent with the Master Plan and the existing surrounding zoning districts.

 

2)              B-2 (Retail) zoning districts are intended to abut residential areas; however property owners are required to provide adequate and effective buffers and screening.

 

3)              Applicant has been granted alternative compliance to the location of trees required in the street yard area, as there is not enough room (17’ width) along Bandera Road, and there are too many utilities in both street yard areas that will conflict. They have met the Sustainability Overlay required number of trees by placing them in the side yard area and by retaining seven existing trees.

 

4)              Applicant has met site plan and building design requirements (Att. 4, 5a, 5b), with the exception of the request for a 50’ high pole sign and required tree mitigation regulations. Pole signs are prohibited unless the property is located along Loop 410 or the Bandera Road flyover. They will be requesting a variance to this restriction from the Board of Adjustment. They will also be requesting a variance to the Tree Preservation Ordinance due to site limitations.

 

5) The applicant submitted a Traffic Impact Analysis Worksheet, which indicates this use will generate less than 100 trips; therefore, a Traffic Impact Analysis will not be required.

 

Letters Mailed and Responses Received from Property Owners within 200-feet

 

17 _ Mailed   _0_ In Favor (200-ft) _2_Opposed (200-ft)

 

_2__ Total responses received as of 8/22/17

 

_1__ Returned, unable to deliver

 

Attachments: 1a) Application, 1b) Development Design Statement, 2) Zoning Code Excerpt, 3) Site and Zoning Map, 4) Site Plan, 5a) Building Elevation

5b) Plaza Elevations 6) Letters

 

SEE LEON VALLEY

 

Social - this store will provide goods and services to all Leon Valley citizens and strives to make each store ADA accessible.

 

Economic - This store is expected to bring in over $1,000,000 in local and state taxes each year, which will boost Leon Valley’s economy.

 

Environmental - this store will be using permeable pavers in certain areas and underground detention of Stormwater, which conforms to Leon Valley’s Best Management Practices for Stormwater.

 

FISCAL IMPACT

 

None to the City; however, the development of this store will increase local property and sales taxes.

Document Comments

RECOMMENDATION

 

On August 22, 2017, the Zoning Commission recommended 5-1 to approve the request for a Specific Use Permit, contingent upon variance approval or conformance with all other city codes, stating that the request was consistent and compatible with the Master Plan, with surrounding zoning, and that it does not adversely affect the health, safety, and welfare of the general public (see attached Zoning Commission Report).

 

Body

AN ORDINANCE GRANTING SPECIFIC USE PERMIT #2017-279 TO QUIKTRIP CORPORATION, FOR THE DEVELOPMENT, CONSTRUCTION, AND OPERATION OF A 5858 SQUARE FOOT 24-HOUR CONVENIENCE STORE, WITH RETAIL SALES OF MOTOR FUEL, BEER, AND WINE, WITH OFF-SITE COMSUMPTION OF ALCOHOL, ON A 1.6948 ACRE TRACT OF LAND, GENERALLY DESCRIBED AS 6461 BANDERA ROAD, IN A B-2 (RETAIL) SUSTAINABILITY OVERLAY ZONING DISTRICT.

 

WHEREAS Chapter 211 of the Vernon’s Local Government Code empowers cities to enact zoning regulations and provide for their administration, enforcement, and amendment; and

 

WHEREAS the City has previously deemed it necessary and desirable to adopt zoning regulations to provide for the orderly development of property within the City, in order to promote the public health, safety, and welfare of the residents of the City; and

 

WHEREAS the Leon Valley Code of Ordinances Chapter 15 Zoning constitutes the City’s Zoning regulations and requires property to be zoned in accordance with proper designations as defined by the City; and

 

WHEREAS the Zoning Commission of the City of Leon Valley provided adequate notice and held a public hearing in accordance with Chapter 15 of the Leon Valley Code of Ordinances; and

 

WHEREAS THE Zoning Commission of the City of Leon Valley has recommended approval of Specific Use Permit 2017-279 on the designated property and has confirmed that the zoning is uniform and conforms to the plan and design of the City’s Zoning regulations and the City of Leon Valley’ Comprehensive Master Plan; and

 

WHEREAS the City Council of the City of Leon Valley believes the granting of a Specific Use Permit to the affected properties will not adversely affect the character of the area in which is proposed to be located; will not substantially depreciate the value of adjacent or nearby properties; will be in keeping with the spirit and intent of the City’s Zoning Ordinance; will comply with applicable standards of the district in which it is to be located; and will not adversely affect traffic, public health, public utilities, public safety, and the general welfare of the residents of the City of Leon Valley;

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEON VALLEY, THAT:

SECTION I.

 

1. Property being described as Lot 1, Block 4, CB 9925A, Seneca Estates Unit #5, generally located at 6461 Bandera Road, and more particularly described in case file SUP #2017-279 is hereby issued a Specific Use permit for the development, construction and operation of a 5,858 SF 24-hour convenience store, with retail motor fuel, food, sundries, beer, and wine sales, with off-site consumption of alcohol, conditioned upon obtaining variances to Chapter 3 Signs and Chapter 14 Tree Preservation or with conformance to City Code.

 

2. The City staff is hereby authorized to issue said Specific Use Permit when all conditions imposed by the City Council have been addressed in full.

 

SECTION II.

 

The repeal of any Ordinance or part of Ordinances effectuated by the enactment of this Ordinance shall not be construed as abandoning any action now pending under or by virtue of such Ordinance as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions at the time of passage of this Ordinance.

 

SECTION III.

 

That this ordinance shall be cumulative of all provisions of the City of Leon Valley, Texas, except where provisions of this Ordinance are in direct conflict with the provisions of such Ordinance, in which event, conflicting provisions of such Ordinance are hereby repealed.

SECTION IV.

 

That it is hereby declared to be the intention of the City Council of the City of Leon Valley that phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance should be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinances, since the same would have been enacted by the City Council without incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, and section.

SECTION V.

 

It is hereby officially found and determined that the meeting at which this Ordinance was adopted was open to the public and that public notice of the time, place, and purpose of the meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government.

SECTION VI.

 

The ordinance shall be effective upon passage and publication as required by State and local law.

 

Meeting History

Sep 5, 2017 6:00 PM  City Council Regular Meeting

Interim Public Works Director Moritz presented this item for consideration of a request by J. Dudley, applicant for QuikTrip Corporation, to approve a request for a Specific Use Permit (SUP) for the development, construction and operation of a 5,858 square foot, 24-hour convenience store, with retail motor fuel, food, sundries, beer, and wine sales, with off-site consumption of alcohol, on a 1.6948 acre tract of land, in a B-2 (retail) Sustainability Overlay zoning district. Per the Leon Valley Code of Ordinances, Chapter 15 Zoning, Section 15.02.381, “Permitted Use Table,” the use “Convenience Store” is allowed by right, however the 24-hour operation and outdoor seating triggers the requirement for a SUP.

Interim Public Works Director Moritz saying that on August 22, 2017, the Zoning Commission recommended 5-1 to approve the request for a Specific Use Permit, contingent upon variance approval or conformance with all other City codes, stating that the request was consistent and compatible with the Master Plan, with surrounding zoning, and that it does not adversely affect the health, safety, and welfare of the general public.

Truitt Priddy, Real Estate Development Supervisor was present for questions.

Mayor Riley opened the public hearing at 8:26 p.m. and there being no public comment, closed the public hearing at 8:26 p.m.

A motion was made by Council Member Benny Martinez and seconded by Council Member Belinda Ealy to approve Specific Use Permit #2017-279, a Request by QuikTrip Corporation, for the Development, Construction, and Operation of a 5,858 SF 24-Hour Convenience Store, With Retail Motor Fuel, Food, Sundries, Beer, and Wine Sales, With Off-site Consumption of Alcohol, on a 1.6948 Acre Tract of Land, in a B-2 (retail) Sustainability Overlay zoning district, Being Generally Located at 6461 Bandera Road as requested.

RESULT:ADOPTED [UNANIMOUS]
MOVER:Benny Martinez, Mayor Pro Tem
SECONDER:Belinda Ealy, Council Place 2
AYES:Benny Martinez, David Edwards, Belinda Ealy, Monica Alcocer, David Jordan

Discussion