File #: 24-0542    Version: 1 Name: Postponed - Ch125 (ord) - Permitted Uses
Type: Agenda Item Status: Second Reading
File created: 10/7/2024 In control: Planning
On agenda: 12/17/2024 Final action:
Title: Consider and take action on an ordinance amending section 125-3.12.7, entitled “Zoning (Historic District)”, section 125-3.13, entitled “Use of Land and/or Buildings”, and Appendix A, entitled "Definitions" of Chapter 125, entitled “Unified Development Code”, to update and consolidate provisions related to permitted uses (Director of Planning) Planning and Zoning Commission recommended approval, 7-0-0 with one member absent on September 9, 2024. City Council postponed the item, 7-1-0 on October 8, 2024.
Attachments: 1. Proposed Ordinance, 2. Exhibit A - Table of Permitted Uses (Council Changes), 3. Redline Changes to Table of Permitted Uses, 4. Redline Changes for new definition

Title

Consider and take action on an ordinance amending section 125-3.12.7, entitled “Zoning (Historic District)”, section 125-3.13, entitled “Use of Land and/or Buildings”, and Appendix A, entitled "Definitions" of Chapter 125, entitled “Unified Development Code”, to update and consolidate provisions related to permitted uses (Director of Planning)

 

Planning and Zoning Commission recommended approval, 7-0-0 with one member absent on September 9, 2024.

 

City Council postponed the item, 7-1-0 on October 8, 2024.

 

Background:

Project Timeline:

August 19, 2024 - Public notice was posted of the proposed ordinance amendments in the Galveston Daily News and at City Hall.

September 9, 2024 - The Planning and Zoning Commission held a public hearing and recommended approval, 7-0-0.

October 8, 2024 - City Council held a public hearing and postponed the item, 7-1-0.

October 22, 2024 - The City Council held a work session to discuss the proposed ordinance amendments.

November 20, 2024 - Notice was provided to all affected business owners based on the proposed changes to the ordinance.

December 17, 2024 - City Council is scheduled to hold a public hearing and hear the item on first reading.

 

Project Summary:

Approval of this request will amend the text of the Unified Development Code revising the use chart.

 

The proposed ordinance amendment aims to be more permissive and in-line with the goals of the Development Services Strategic Plan. During the October 8th Council Meeting, a request was made to define and require a Special Use Permit for Vape Shops. This use has been added to the use chart and a definition included in this action item.

 

The following changes have been made based on the discussions held at the City Council Work Session:

 

- A definition was created for "Tobacco and Smoking Use and Sales": A retail establishment that specializes in selling primarily tobacco or CBD related products, including electronic nicotine delivery systems, such as e-cigarettes, vape pens, and associated products, including refillable liquids, replacement coils, smoking accessories, and paraphernalia. This classification includes cigar shops, smoking lounges, tobacconists, hookah bars, and dispensaries.

- "Event Venue with Outdoor Facilities" was added to the use chart and requires a Special Use Permit when in the "OT" District.

- "Car Wash" was changed to remain as a Special Use Permit in the "CG" and "CM" Districts.

- "Eating and Drinking Establishments, with Live Entertainment (outdoor)" was added to the use chart and requires a Special Use Permit within the "HD-C" District.

- "Eating and Drinking Establishments, with Outdoor Seating" was changed to require a Special Use Permit in the "HD-C" District.

- All proposed changes to "Massage Establishments" were removed from the ordinance.

- All proposed changes to "Research and Development" were removed from the ordinance.

 

Any existing business classified under "Tobacco and Smoking Use and Sales" will be deemed legally nonconforming. Such businesses may continue operating at their current location; however, any expansion of operations will require obtaining a Special Use Permit.

 

A summary of the totality of the proposed changes is listed below.

 

Proposed Changes to Use Chart

Uses Changed from “SUP” or “Not Allowed” to “Permitted”:

Clubs and Lodges - Permitted in “HD-C” District

Cultural Institutions - Permitted in the “OT” District

Day Care - Permitted in the “OT”, “OTT”, “CRC”, and “HD-C” Districts

Event Venue - Permitted in the "OT"

Hospitals - Permitted in the “IL” District

Animal Sales and Services, no outdoor kennels - Permitted in “CM” and “CRC” Districts

Banks - Permitted in the "IL”, “OT”, “OTT” and “HD-C” Districts

Catering Businesses - Permitted in the “CN” and “HD-C” Districts

Full Service Restaurants - Permitted in the “CO”, “CRC”, and “HD-C” Districts

Limited Service Restaurants - Permitted in the "CO” and “HD-C” Districts

Restaurants with Live Entertainment (Indoor) - Permitted in the “HD-C” District

Restaurants with outdoor seating - Permitted in the “CN” and “HD-C” Districts

Food and Beverage Sales - Permitted in the “CO” District

Hotel - Permitted in the “CM” District

Commercial Laboratory - Permitted in the "CN”, “OT”, and “HD-C” Districts

Microbrewery - Permitted in the “CRC” District

Parking Facilities - Permitted in the “IL” and “HD-C” Districts

Personal Instructional Services - Permitted in the "CO” District

Personal Services - Permitted in the "CO” District

Retail Sales - Permitted in the "CO" District

Artisan Production Industry - Permitted in the “CM” District

Limited Production Industry - Permitted in the “CG” District

Oil and Gas Well Drilling, Pipelines, and Pumpstations - Permitted in all Districts per HB 40.

 

Uses Changed from “Not Permitted” to “Permitted with a Special Use Permit”

Dwelling Unit, 2nd Floor or above - SUP Required in “CRC” and “HD-C” Districts

Event Venue with outdoor facilities - SUP Required in "OT"

Car Wash - SUP Required in “CO” and “CN” Districts

Restaurant with Drive-Through - SUP Required in “HD-C” District

Restaurant with Live Entertainment (Outdoor) - SUP Required in "HD-C"

Microbrewery - SUP Required in "OTT” District

Nurseries and Garden Supply Stores - SUP Required in "OT”, “OTT”, “CRC” and “HD-C” Districts

Tobacco and Smoking Use and Sales- SUP Required in "CG" and "CM"

Parking Facilities - SUP Required in “HD-R” District

Wholesale Nursery - SUP Required in "CG” District

Warehousing and Outdoor Storage - SUP Required in "CG” District

Communication Towers - SUP Required in "CN” District

 

In addition to the above changes, a use chart imbedded in the Historic District Overlay District (3.12) was removed from the ordinance. The land uses allowed in the Historic District were already referenced in Section 3.13, so this amendment is removing duplicate information from the ordinance.

 

Development Services Strategic Plan

The proposed ordinance amendments are consistent with several initiatives of the Development Services Strategic Plan, including:

-                     Regularly review ordinances to flag opportunities for policy improvements.

o                     The proposed ordinance amendment is a result of staff reviewing the Unified Development Code and finding ways to help streamline development processes.

-                     Revisit zoning categories and SUP requirements with policy makers to ensure that these represent the direction of the elected body.

o                     The proposed changes to the use chart are more permissive and will allow for a greater variety of uses in the zoning categories.

-                     Ensure that new and modified policies and procedures are proactively communicated to all patrons and that reasonable implementation (lead) time is provided.

o                     Staff met with stakeholders to discuss the proposed ordinance amendment. There were no objections to the proposed changes.

-                     Utilize Strategic Planning Advisory Committee (SPAC) or a professional group as a sounding board for proposed policies.

o                     The proposed ordinance was sent to the SPAC for comment prior to City Council consideration.

 

On September 9, 2024, the Planning and Zoning Commission recommended approval of the proposed text amendment, 7-0-0 with one member absent.

 

On October 8, 2024, the City Council held a public hearing and postponed the item, 7-1-0.

 

 

Attachments:

1.                     Proposed Ordinance

2.                     Exhibit A - Table of Permitted Uses

3.                     Redline Changes to Table of Permitted Uses

4.                       Redline Changes for new definition

 

Origination:

Planning Department

Applicant: City of League City

 

STRATEGIC PLANNING

{X} Addresses Strategic Planning Critical Success Factor # 7, Economic Development and Tourism