BACKGROUND/DISCUSSION:
Owner Information: KBS Business Group, LLC
2480 Avondale Haslet Road
Existing Zoning: Neighborhood Commercial
The applicant is requesting that a smoke shop or use be allowed at 1029 N. Saginaw Boulevard, Suite # E-7 (Lot ARA, Block 1, Saginaw North Addition). Staff has determined that a “Smoke Shop” is the same as a Tobacco Shop under the City’s Zoning Ordinance. The property is zoned Neighborhood Commercial (NC). The City Zoning Ordinance allows a “Tobacco shop” within Neighborhood Commercial (NC) may be allowed with a Specific Use Permit (SUP).
The Zoning Ordinance defines a Tobacco shop as:
Tobacco shop. A retail establishment for which more than 50 percent of the gross floor area is dedicated to the display and retail sale to the public of tobacco products, including electronic vaping devices, and related accessories.
Zoning Ordinance, Section 5-4 Specific Use Permits, requires certain information including a site plan and an assessment by the Planning and Zoning Commission that thirteen conditions listed in Sec. 5-4.G.have been found to exist. The applicant has provided his response to the conditions for consideration.
Staff received two responses in opposition that were given to the Planning and Zoning Commission at their meeting and are included in the Planning and Zoning packet item attached to this memo.
The Planning and Zoning Commission considered the request at its September 14, 2021 meeting and unanimously recommended approval by City Council.
FINANCIAL IMPACT:
N.A.
RECOMMENDATION:
It is recommended that the request for a Special Use Permit at 1029 N. Saginaw Boulevard, Suite # E-7 for a Tobacco Shop be approved as recommended by the Planning and Zoning Commission.