BRENHAM PLANNING & ZONING RECOMMENDS HOLDING OFF ON VAPE & SMOKE SHOP RESTRICTIONS

  

Brenham Planning and Zoning Commissioners opted Monday to pump the brakes on recommending any new restrictions on vape shops and smoke shops.

Of the five commissioners who were present at Monday’s workshop meeting, a majority indicated they would prefer to wait to see how the Texas Legislature handles the matter before making any decisions at the local level.  Several bills have been filed to give counties and municipalities more authority to regulate or prohibit the operation of e-cigarette retailers in certain locations.  Some discussed on Monday include Senate Bill 464, House Bill 484, House Bill 1183, Senate Bill 1315 and House Bill 1816.

As of now, the City of Brenham does not have specific definitions or limits on how or where vape shops and smoke shops operate, as they are considered general retail use in existing commercial zoning districts.  Development Services Director Stephanie Doland said legislators will not go so far as to dictate which zoning districts those businesses can operate in, leaving that for the city to handle if it chooses to.

The proposed amendments drafted by city staff would define vape and smoke shops, of which there are seven currently in Brenham, and limit them to the B-2 Commercial, Research and Technology District and the Industrial District, meaning they would not be allowed in the B-1 Local Business and Residential Mixed Use District or in the downtown districts that include the B-3 Historical Central Business District or B-4 Neighborhood Business District.  Existing smoke and vape shops in those districts would be grandfathered, but they could not expand without a specific use permit granted by the commission and the city council. 

Additionally, lounge uses, such as cigar or hookah lounges, would not be affected by the proposed regulations because they are intended for consumption by adults 21 and older and are not solely for the sale of e-cigarettes or tobacco products.

The amendments would also require smoke and vape shops to be located at least 300 feet from single-family residential uses and 1,000 feet from public and private schools, day care centers, public parks, religious facilities, public hospitals, and other vape shops currently in operation.  However, distance requirements are already included in some of the legislation being considered this session. 

Commission Vice Chair Dr. Deanna Alfred said it would be hard to make a firm commitment to anything right now, with so much being debated in the legislature.  Commissioner Darren Heine felt the city should wait until the state decides what it wants to do and then go from there.  Commission Chair Keith Behrens had questions about the proposed distance requirements, saying if someone really wanted to get their desired products, they would just drive to the nearest location that sells them, with Heine adding that convenience stores offer them. 

Commissioners Cyndee Smith and Cayte Neil were not present for the discussion. 

The meeting also included questions from three business owners who asked how the proposed changes would affect them specifically and if they would be grandfathered. 

The city council is expected to hold its own workshop on the topic of vape and smoke shops at its next meeting.

Also on Monday, the commission approved a request from Cornelia Wilder to approve a replat for 0.514 acres located at 409 West Alamo Street.  The replat is so the property owner can turn the existing lot into two to develop a second single-family home. 

Click here to view the agenda packet for Monday's meeting.