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    5. b.    
BAYTOWN CITY COUNCIL MEETING
Meeting Date: 05/14/2020  
Subject:    Consider - Text Amendments for Small Box Discount Retail Use
Prepared for: Tiffany Foster
Prepared by: Yvonne Briscoe, Planning and Development Services
Department: Planning and Development Services  

Information
ITEM

Consider an ordinance amending the text of the Unified Land Development Code, Baytown, Texas, to add a non-residential use for small box discount retail, to define such use, to establish conditions for such use, and to distinguish such use from other uses defined in the Unified Land Development Code.

PREFACE
This proposed ordinance amends the text of the Unified Land Development Code (ULDC) to add a non-residential use for Small box discount retail, defining such use, establishing conditions for such use, and distinguishing such use from other uses defined in the ULDC.

The applicant is seeking to remedy the potential unintended adverse impacts associated with the development of small box discount retail stores. The applicant is also concerned with the clustering and proliferation of this type of retail establishment. Small box discount retail uses could be impeding opportunities for other small businesses and grocery stores to develop, especially in the Revitalization Incentive Zones (RIZ).  The applicant is seeking a greater diversity in retail options, including those that provide fresh meats, fruits, and vegetables. 

The Planning and Zoning Commission does not believe small box discount retail establishments should be regulated as proposed in the application.  This type of retail fills a need and is beneficial near neighborhoods.  Commissioners commented that people are seen walking to the stores.  It will be difficult, unfair, and an overreach to regulate the sale of perishable foods inside of the store.  Although some Commissioners are concerned about the number of small box retail establishments and their proximity to others, there were counter comments supporting capitalism.  One Commissioner said supply and demand will take care of the over-saturation; stores will close and make room for other businesses.  After receiving public comments and a lengthy discussion, the Commission, with one abstention, voted not to recommend the application as presented. 

The Commission reconsidered the application at a later meeting and crafted a recommendation in favor of restricting small box discount retail establishments from the San Jacinto Overlay District only and any future overlay districts.

The Planning and Zoning Commission Report and recommended ordinance is attached for your review.  The application and supplemental documents are attached to the previous agenda item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of the proposed text amendment to restrict small box discount retail establishments from the San Jacinto Overlay District.

Fiscal Impact
Fiscal Year:
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Source of Funds (Operating/Capital/Bonds):
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Fiscal Impact (Additional Information):
There is no fiscal impact associated with this item.
Attachments
Ordinance - Small Box Retail
P&Z Report to Council

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