SECOND CONSIDERATION:  Consideration of and action on CITY OF SUGAR LAND ORDINANCE NO. 2117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUGAR LAND, TEXAS, GRANTING A CONDITIONAL USE PERMIT FOR A CONVENIENCE STORE WITH GAS SALES LOCATED ON APPROXIMATELY 1.987 ACRES LOCATED ALONG THE SOUTHWEST CORNER OF UNIVERSITY BOULEVARD AND HIGHWAY 90A WITHIN THE GENERAL BUSINESS (B-2) DISTRICT.

This is a Conditional Use Permit (CUP) request for the establishment of Murphy Express, a 1,200 square foot convenience store with gas sales, including 8 fuel pumps with 16 fueling stations. The property is located on approximately 1.987 acres at the southwest corner of U.S. Highway 90A and University Boulevard, in the General Business (B-2) zoning district. The property currently has a golf cart sales business at the site, and this project would be a redevelopment of the property.  Convenience stores with gas sales are classified under SIC 5411 Grocery Stores, and gasoline sales associated with this use require a CUP in the B-2 district. The applicant has provided several exhibits to help mitigate any impacts and bring certainty to the project. The applicant prepared a Traffic Impact Analysis (TIA) for the CUP which the City staff concurred with.  The TIA shaped a number of the conditions included within the TIA.

The Planning and Zoning Commission held a public hearing on the proposed CUP on September 28, 2017. No members of the public spoke. During the meeting, the Commission held discussion on the item and was able to provide overall feedback for the applicant to consider. Several key areas of feedback included:

• Provide a clearer elevation plan so the Commission is able to see all proposed windows. The previous exhibit showed windows but they were mostly covered by the fuel pumps.

• Provide a fuel truck circulation route that only shows directional arrows in and out of the site. The Commission was concerned that the more detailed exhibit would make the City liable for any incidents that could occur with wide turning delivery trucks.

• Provide a more detailed landscape plan that showed shade trees that would be removed and how they would be mitigated and replaced throughout the site. The Commission considers saving or mitigating as many shade trees as possible of utmost importance on the site.

The applicant addressed the Commission’s suggestions, and on October 26, 2017 the Commission unanimously recommended approval of the proposed CUP with conditions. The attached ordinance represents all Commission requested revisions and details of the proposed CUP. Discussions from these meetings are covered within the report.

Planning Staff and the Planning and Zoning Commission recommend approval of the proposed Conditional Use Permit to establish a new Murphy Convenience Store with Gas Sales (SIC Code 5411 Grocery Stores) with the nine following conditions:

1. The site is developed in accordance with the site plan as shown (Exhibit B).

2. The landscaping is developed in accordance with the landscaping plan as shown (Exhibit C).

3. The building and canopy are constructed in accordance with the building and site elevations as shown (Exhibit D.1, D.2, E, F.1, F.2).

4. All canopy lighting will be recessed and all other site or building lighting will be full cut-off (Exhibit E).

5. All delivery and fuel trucks will only access the site via University Boulevard (Exhibit G).

6. Cross access shall be provided in accordance with the private access easement (Exhibit H).

7. Tree protection shall be provided in accordance with (Exhibit I)

8. The maximum number of fuel pumping stations will be limited to 16.

9. No outdoor speakers will be allowed at pump stations, except those required by state or federal law.

CC: Peter Boecher, pboecher@rviplanning.com; William Lotz, wlotz@greenbergfarrow.com