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    5. a.    
BAYTOWN CITY COUNCIL MEETING
Meeting Date: 05/14/2020  
Subject:    Public Hearing - 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

Conduct a public hearing concerning proposed amendments to 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 public hearing concerns proposed amendments to the text of the Unified Land Development Code (ULDC) 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 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 and any future overlay districts.

The application, staff report, and proposed ordinance associated with the application are attached for your review.
RECOMMENDATION

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There is no fiscal impact associated with this item.
Attachments
Application and Supporting Documentation
Applicant statement
Staff Report
Ordinance - Small Box Retail

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