To: Planning and Zoning Commission
From: Sarah Hensley, Assistant Director of Community Development
Subject:
Title
PUBLIC HEARING: Consider a recommendation for an amendment to the City of Keller Unified Development Code (UDC), adopted by Ordinance No. 1746 dated July 7, 2015, by amending Article 3 - Definitions and Article 8 - Zoning Districts, Development Standards, Tree Preservation, related to CBD, Vape and Smoke Shops; authorizing publication; provide for penalties; and establishing an effective date. City of Keller, applicant. (UDC-22-0002)
Action Requested:
Conduct a public hearing and consider amendments to Articles 3 and 8 of the Unified Development Code related to Specific Use Permit requirements for CBD, Vape and Smoke Shops.
Background:
In January 2022, the Keller Police Department Criminal Investigations Division (CID) began reviewing data related to medical calls at Keller High school and found that two medical emergencies related to substances derived from the cannabis plant had recently occurred. With the assistance of the school nurse and Resource Officer, CID gathered additional intelligence confirming other students had utilized similar substances, and that some shops within Keller were selling vape pens, tobacco, and other products to minors despite the legal age requirement of 21. In February 2022 CID detectives identified 8 Keller businesses that sold vaping products, and conducted an undercover sting operation that resulted in 2 citations for separate businesses for selling tobacco to minors.
Analysis:
Detectives learned from the Texas Comptroller’s Office that cannabidiol (CBD) and Delta-8 tetrahydrocannabinol (Delta-8) were not regulated substances, and consumers did not have to be 21 years of age to purchase. CID began working with Public Services staff to determine what other tools the city might have to provide city leaders with some discretion in determining the locations and quantity of businesses conducting retail sales of consumable hemp products, tobacco, e-cigarettes and other non-traditional smoking-related products.
City Council conducted a work session on March 22, 2022 and directed staff to begin drafting amendments to the UDC that would restrict these types of businesses to the Retail and Commercial zoning districts and require them to obtain a Specific Use Permit.
Proposed Amendments:
See Exhibit A
Summary:
The proposed UDC Amendments include:
1. Definitions for “Consumable Hemp Product (CHP)”, “E-cigarette” and “Retail sales of CHP, tobacco, e-cigarettes or non-traditional smoking-related products.”
2. Adding “retail sales of CHP, tobacco, e-cigarettes and/or non-traditional smoking-related products” to the use charts for the Retail and Commercial zoning districts as a use that may be approved with a Specific Use Permit.
3. Adding language to the Light Industrial zoning district clearly prohibiting “retail sales of CHP, tobacco, e-cigarettes and/or non-traditional smoking-related products.”
Supporting Documents:
- Exhibit A: Proposed Draft CBD, Vape and Smoke Shop UDC Amendments
Citizen Input:
An amendment to the text of the UDC requires a public hearing notice to be published in the local newspaper ten (10) days prior to the scheduled Planning and Zoning Commission meeting date and fifteen (15) days prior to the City Council Meeting Date. The notice for the Planning and Zoning Commission public hearing was published in the March 27, 2022 edition of the Fort Worth Star-Telegram.
Alternatives:
Planning and Zoning Commission has the following options when considering an amendment to the text of the UDC:
- Recommend approval as submitted
- Recommend approval with modifications or additional amendments(s)
- Tabling the agenda item to a specific date with clarification of intent and purpose
- Recommend denial
City Council Action:
If the Planning and Zoning Commission takes action and makes a recommendation on this agenda item, then this UDC Text Amendment application will be scheduled for City Council action on May 3, 2022.