Where can I get more details on Cindie's Application to locate in Missouri City?

FREQUENTLY ASKED QUESTIONS re: CINDIE’S APPLICATION TO LOCATE IN MISSOURI CITY

  1. Is Cindie’s able to locate in Missouri City?
    Yes, provided that Cindie’s locates in an appropriately zoned area of the City.
  2. What is the zoning designation for Cindies’ proposed location?
    Cindies applied for permits to locate at 6302 Hwy 6, in Missouri City, a location zoned LC-3 retail district.
  3. What type of retail businesses are permitted to locate in an LC-3 retail district?
    Generally, the zoning ordinance provides that the following types of retail businesses are permitted in an LC-3 retail district:
    1. Bakery, candy manufacturing.
    2. Electrical and gas appliance sales and services.
    3. Furniture showroom and/or warehouse.
    4. Gasoline service station.
    5. Job printing.
    6. Lounges.
    7. Medical care facilities, hospital and medical, surgical or dental laboratories.
    8. Motels, hotels.
    9. Motorcycle sales and services.
    10. Pawnshops.
    11. Plumbing and heating appliance sales and services.
    12. Retail stores.
    13. Tire, battery, and other automobile accessory sales and services.
    14. Variety, department and discount stores.
  4. Is Cindie’s permitted in an LC-3 retail district?
    No. The City has determined that Cindie’s is a sexually oriented business (SOB), and as such, may not locate in an LC-3 retail district.
  5. Where may an SOB locate within the City? 
    SOBs may locate in areas of the City zoned LC-4 retail district or industrial district.
  6. What is the effect of the City’s determination that Cindie's is an SOB?
    Cindie's was denied a Certificate of Zoning Compliance (CZC) and a Certificate of Occupancy (CO) and is therefore unable to open for business at its proposed location.
  7. May Cindie's appeal the City’s decision? 
    Yes. Cindie’s appealed the City’s decision to the City Zoning Board of Adjustment (ZBOA).
  8. What is the role of the Zoning Board of Adjustment (ZBOA)?
    Upon formal request of an applicant, the ZBOA posts notice and conducts a public meeting to review decisions of the City based on application of the zoning ordinance.
  9. How is the ZBOA selected? 
    The ZBOA is appointed by the City Council for staggered terms of two years.
  10. How can a person apply for the ZBOA and how often does the ZBOA meet? 
    Residents may apply to be considered for the ZBOA by completing an application via this link: Apply Online
    The ZBOA meets as needed.
  11. Who participates at the ZBOA meeting?
    Generally, the following may participate at the ZBOA meeting:
    1. The applicant seeking to appeal the City’s decision, in this case Cindies;
    2. Members of the public that support the applicant’s appeal; 
    3. City staff; and
    4. Members of the public that support the City’s decision.
  12. May either the applicant or the City be represented by legal counsel at the ZBOA meeting?
    Yes. Any party may be represented by legal counsel at the ZBOA hearing. At the ZBOA meeting held on February 23, 2022, the City presented its position through an assistant city attorney of Missouri City.
  13. Does the Planning and Zoning Commission (P&Z) have any jurisdiction in this type of appeal? 
    No, the P&Z does not have review authority or any other type of appellate jurisdiction over these types of administrative appeals.
  14. If not, what is the role of the P&Z? 
    The primary role of the P&Z is to:
    1. Review applications for original plats and re-plats;
    2. Review applications for rezoning;
    3. Conduct public hearings related to applications for platting and rezoning; and
    4. Create reports and make recommendations to City Council.
  15. Did Cindies’ application contain material or include subject matter that would have required review by the P&Z?
    No.
  16. Is dual membership on the ZBOA and the P&Z permitted? 
    No.
  17. Does City Council have any jurisdiction in this type of appeal? 
    No. City Council does not have review authority or any other type of appellate jurisdiction over these appeals.
  18. Was Cindie’s administrative application ever considered by the City Council? 
    No.
  19. What was the decision of the ZBOA?
    The ZBOA unanimously voted (5-0) to uphold the City’s decision and denied Cindies’ appeal.
  20. For more detail concerning the City’s position in this matter please click this link: PowerPoint Presented at the ZBOA meeting (PDF).

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4. Where can I get more details on Cindie's Application to locate in Missouri City?