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  G.2.       
Meeting Date: 10/19/2021  
Contact: Crystal Owens
File Number: Z-1457-21  
Date Filed: 09/01/2021  
Location: City of DeSoto
Size of Request: N/A  
Number of Lots: N/A  
Current Zoning: N/A
Applicant: City of DeSoto  
Owner: City of DeSoto

AGENDA ITEM:
Conduct a Public Hearing and consider an Ordinance to amend Section 10.4 “Public Hearing and Notice” by adding additional requirements for courtesy notifications to property owners between 200 feet and 300 feet of a proposed zoning change; Section 36 “Use Chart” by adding and revising uses; Section 43 Supplemental Regulations by adding regulations for Smoking Paraphernalia Establishments, Electronic Cigarette Establishments, and Small Discount Variety Stores; and Appendix A-3 “Definitions” by adding definitions for Electronic Cigarette Establishments, Electronic or Digital Smoking Device, and Small Discount Variety Stores, and by revising definitions of Retail Tobacco Shop, Smoking Paraphernalia Establishment, Accessory Retail or Service (Incidental in Office districts) and Retail or Service, Incidental of the Zoning Ordinance.
SUMMARY:
Like many City ordinances, the Zoning Ordinance periodically needs to be updated for several reasons including the issuance of new Local, State and Federal laws; new uses or business practices; the City's authority to protect public health, safety, and welfare; the emergence of new technology; and the implementation of more efficient policies and procedures. The City Attorney, in conjunction with City staff, drafted potential updates to the Zoning Ordinance, which are detailed below in order of representation in the City's Zoning Ordinance.
 
Section 10.4 PUBLIC HEARING AND NOTICE
  • Add a requirement that a courtesy notice be mailed to the property owner(s) located between two hundred feet (200’) and three hundred feet (300’) of the subject property.  

Section 36 USE CHART
  • Adding Electronic Cigarette Establishment use to the Use Chart (allowed only in C-1 and C-2 with supplemental regulations)
 
  • Amend Smoking Paraphernalia Establishment to no longer require a Specific Use Permit (SUP) (allowed only in C-1 and C-2 with supplemental regulations)  
 
  • Add Small Discount Variety Store use (allowed with approval of SUP in GR, NS, MU-1, and C-1)
 
Section 43 SUPPLEMENTAL REGULATIONS
  • Add the following requirements for both Smoking Paraphernalia Establishment & E-Cigarette Establishment:
    • May not be located within 1,500 feet of any other such shop
    • May not be located within 1,000 feet of any lot in a residential district, school, child-care facility, college, or a church
 
  • Add the following requirements for Small Discount Variety Stores:
    • Use requires approval of a Specific Use Permit (SUP) in GR, NS, MU-1, and C-1 zoning districts
    • Use may not be located within 2 miles from any existing Small Box Discount Store
    • A minimum 10% of the floor area must be dedicated to fresh produce, meat and/or dairy products
 
Appendix A-3 DEFINITIONS (Language shown as strike-through is proposed to be deleted from existing text and language shown as italics is proposed to be added to existing text.)
   
  • Add Electronic-cigarette establishment: A business establishment that is dedicated primarily (over 50 percent of quarterly sales) to the sale and/or on premise use of electronic-cigarettes.
 
  • Add Electronic or Digital Smoking Device: Any product containing or delivering nicotine, including all forms of cartridges/pods/containers, or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor.
 
  • Edit Retail or Service, Incidental: The rendering of retailing or services incidental to the primary use. In the Office District such uses may include a barber or beauty shop, smoke shop, candy counter, restaurant, pharmacy or other incidental activity secondary to the primary office occupancy. Incidental uses shall mean uses which occupy less than 15% of the main use.
 
  • Edit Retail Tobacco Store: A retail store that is dedicated primarily (over 50 percent of quarterly sales) sells mainly to the sale of tobacco products such as cigars, pipe tobacco, and cigarettes. This business may also sell tobacco accessories such as lighters, matches, cigarette holders and devices used to preserve tobacco, cigars or cigarettes, which are mainly incidental to the sale of tobacco products.
 
  • Add Small Discount Variety Store: A retail store with a floor area less than 15,000 square feet that offers for sale an assortment of physical goods, products or merchandise directly to the consumer, including but not limited to household products, food/beverages, personal grooming/health products, and other consumer good, but, does not contain a prescription pharmacy, sell gasoline/diesel fuel, or primarily sell specialty food items (e.g. meat, seafood, cheese, or oils and vinegars).
 
  • Edit Smoking Paraphernalia Establishment: A retail store where more than 15% of the gross square footage of the establishment is dedicated to the sale, distribution, delivery, furnishing of Smoking Paraphernalia, from one person to another. Smoking Paraphernalia shall mean paraphernalia, devices, or instruments that are designed of manufactured for the smoking, ingesting, inhaling, or otherwise introducing into the body of tobacco, products prepared from tobacco, or controlled substances as defined in the Texas Health and Safety Code Chapter 481. Smoking Paraphernalia includes but is not limited to pipes, bongs and hookahs. Smoking Paraphernalia does not include lighters, matches, cigarette holders, and device used to store or preserve tobacco, tobacco cigarettes, cigarette papers or cigars.
PUBLICATION REQUIREMENTS:
Staff posted and published “Notice of Public Hearing” as required by law.
RECOMMENDATION:
Based on research and feedback, staff recommends approval of the proposed revisions.
 
PLANNING AND ZONING COMMISSION RECOMMENDATION:
This item was presented to the Planning and Zoning Commission at their September 28, 2021 meeting.  Chairman Keith Stone asked staff to divide this case into three separate parts, as follows: Issue A (Public Notification), Issue B (Smoking-related), and Issue C (Small Discount Variety Stores) for presentation, discussion, public hearing, and voting purposes. Each motion included the definitions, use chart, and supplement regulations. Staff presented each issue individually followed by a public hearing, questions, and comments from staff, Commissioners, and citizens.  
 
Issue A: A motion was made and seconded to recommend approval. Motion passed 5-1.
 
Issue B: A motion was made and seconded to recommend approval. Motion failed 3-3.
 
Issue C: A motion was made and seconded to recommend approval. Motion failed 3-3.

As a result of Planning & Zoning Commission recommendations against Issue B and Issue C, a super majority of the City Council is necessary to approve all items presented in the ordinance.
COUNCIL ACTION
Motion by Councilmember Marks with a second by Mayor Pro Tem Byrd to approve as presented. (Add 43.26 a & b Place of Worship)   Motion passes 7-0.
Attachments
Zoning Ordinance Updates


    

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