Title
Ordinance - Public Hearing Continuation and Second and Final Reading of an Ordinance to Consider a Proposed Amendment of Sections 155.012, 155.054(B), Table F, Line 17 and 24, and 155.099 (B) (39) of the Mansfield Code of Ordinances Regarding Non-Traditional Smoking Related Businesses and Tobacco Products Store
Requested Action
To consider the subject City Zoning Ordinance text amendment.
Recommendation
The Planning and Zoning Commission held a public hearing on August 17, 2021, and voted to recommend approval with the recommendation to remove Section 4 (c) Non-Conformity.
Description/History
Section 155.054(B) Table F is the permitted use table of the City Zoning Ordinance. The amendment before you is a text amendment adding the use “Tobacco Products Store” and removing the permitted use “Non-Traditional Smoking Related Business”. A Tobacco Products Store is defined as:
“A retail establishment that is primarily dedicated to the smoking of tobacco or other lawful substances and includes any establishment that allows either the payment of consideration by a customer to the establishment for on-site delivery of tobacco, tobacco accessories or similar lawful substances and products to the customer; and the onsite smoking of tobacco or other lawful substances. This definition shall be construed to include establishments known variously as non-traditional smoking related businesses, retail tobacco stores, tobacco products shops, head shops, hookah cafes, tobacco clubs, tobacco bars, cigar stores, and similar establishments.”
The City recognizes the health risk caused by tobacco, electronic vaping devices and other devices meant to inhale variable amounts of nicotine and other harmful toxicants. In response to those risks, the Ciy has proposed amending our permitted uses to require a “PD” Planned Development for any future Tobacco Products Store. The “PD” planned development district is intended to accommodate unified design and to permit flexibility and encourage a more createive, efficient and aesthetically desirable design.
In addition, the amendment creates special conditions in Section 155.099(B) (39) creating distance/spacing requirements from existing tobacco products stores, major roadways (listed below), and adjacent zoning designations that allow residential uses, places of worship, hospitals, daycare centers, or public or private schools or colleges by right and parks and recreational facilities. In general, no new Tobacco Products Store shall be closer than 1,000 feet from an existing facility an no closer than 500 feet from an identified roadway or protective use. Details on measurement are provided within the text amendment.
Roadways with distance requirements: U.S. Highway 287, U.S. Business Highway 287, State Highway 360, Farm-to-Market Road 157, Farm-to-Market Road 1187, Farm-to-Market Road 917, Main Street, Debbie Lane, Broad Street, Country Club Drive, Heritage Parkway, Matlock Road, and Lone Star Road.
Justification
See information above.
Funding Source
Not applicable.
Prepared by
Arty Wheaton-Rodriguez, Assistant Director
817-276-4245