AGENDA CAPTION:
Title
Consider approval of Ordinance 2024-12, on the second of two readings, amending the Official Zoning Map of the City in Case No. ZC-24-02, by rezoning approximately 2.133 acres of land out of the Barnette O. Kane survey, Abstract No. 281, Hays County, Texas, generally located at the northeast corner of the South Old Bastrop Highway and Redwood Road intersection, from character District-5 "CD-5" District to Commercial "CM" District, or, subject to consent of the owner, another less intense zoning district classification; including procedural provisions; and providing an effective date.
Body
Meeting date: March 19, 2024
Department: Planning & Development Services
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Funds Required: N/A
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Fiscal Note:
Prior Council Action: At the City Council meeting held March 5, 2024, a motion to approve the zoning was made, and the motion carried 6-0 with Councilmember Gonzales absent.
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Background Information:
ZC-24-02 seeks zoning for development of a convenience store with fuel sales pursuant to the CM District regulations. The CM District does not permit by right fuel sales and instead requires approval of a CUP. Permitted by right CM uses which could potentially be construed as undesirable might include: (a) indoor animal care and (b) vehicle sales and rentals. Finally, directly west of the subject tract and across Redwood Rd is an existing Valero convenience store with fuel sales.
Council Committee, Board/Commission Action:
At their February 13, 2024, meeting the Planning & Zoning Commission recommended approval of ZC-24-02 with an 8-0 vote. The following topics were discussed: (a) the reasoning behind the applicant requesting CM zoning when the intended use is for a gas station, which requires CUP approval within the CM District; and (b) the CM District's build-to-zone requirements and the potential design challenges it poses in the context of a gas station use:
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Recommendation:
Staff recommends approval of ZC-24-02 as presented.