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Roll Call: 8 members present, 2 members absent, 0 members excused.
A. WORKSESSION AGENDA
(1) Discuss agenda items.
B. AGENDA
C. PLEDGE OF ALLEGIANCE.
D. CALL TO ORDER.
Commissioner Dewberry called the meeting to order at 7:00 PM and noted for the record that five (5) Commissioners were present.
E. CONSENT AGENDA ITEMS:
(2) Approval of the Minutes for the Regular Meeting on May 26, 2009.
Motion to Approve To Approve the Minutes for the Regular Meeting on May 26, 2009. Moved by Commissioner Van Stripling, seconded by Commissioner Reginald Jones.
Vote to Approve To Approve the Minutes for the Regular Meeting on May 26, 2009. (Approved)
Ayes: Stripling, North, Dewberry, Jones, Chambers
Nays: None
F. PUBLIC HEARING:
(3) Consider Case Z-1173-09; an Amendment to the Zoning Ordinance to add the new and unlisted uses "Smoking Paraphernalia Establishment"& "Retail Tobacco Store" and determine the zoning districts in which these uses should be allowed. The proposed change would also amend Section 36 - Use Regulations; Section 38 - Off-Street Parking and Loading and Section A-3 Definitions of the Zoning Ordinance.
Mr. Edlyn Vatthauer, Planning Manager, presented the management report.
Commissioner Dewberry asked the Commission if there were any questions of staff.
Commissioner Stripling asked Mr. Vatthauer to explain why smoking paraphernelia establishments and headshops were not considered an allowed use by-right in the Commercial 1 (C-1) and Commercial 2 (C-2) Zoning Districts.
Mr. Vatthauer stated that it would be better suited to review these types of uses on a case by case basis. In addition, we do not want to create a situation where these types of establishments over saturate the Commercial 1 (C-1) and Commercial 2 (C-2) Zoning Districts. By requiring Smoking Paraphernalia Establishments to go through the Specific Use Permit (SUP) process, it will control where they are located within the allowed districts.
Commissioner Stripling asked Mr. Vatthauer if the same assumption was not taken into consideration for the tobacco store use.
Mr. Vatthauer explained that the same assumption was not taken into consideration for the tobacco store use.
Commissioner Stripling asked Mr. Vatthauer to clarifiy the separation between how much tobacco sales would classify an establishment as a tobacco store verses a smoking paraphernalia establishment.
Mr. Vatthauer clarified the separation between how much tobacco sales would classify the tobacco store use and the smoking paraphernalia establishment.
Commissioner Dewberry asked the Commission if there were any other questions or comments.
Commissioner Jones stated that the public will probably wonder why we would allow the smoking paraphernalia establishment use in the City of DeSoto, but they need to understand that it is not illegal to have these types of businesses in DeSoto. However, we can try to control where they are located in the City by classifying the use.
Commissioner Chambers asked Mr. Vatthauer if the number of smoking paraphernalia stores would be controlled as well.
Mr. Vatthauer stated that in a sense the number of smoking paraphernalia establishments would be controlled through the Specific Use Permit (SUP) process, because each store would be accounted for. If there are too many smoking paraphernalia establishments in one area, another one does not have to be allowed in the same area.
Commissioner Stripling asked if there should be some consideration for over saturation of the tobacco store use as well.
Mr. Vatthauer informed the Commission that at this time there is no need to assume there will be over saturation of the tobacco store.
Commissioner Dewberry asked the Commission if there was any further discussion. Hearing no response, he asked the Commission for a motion.
Motion to Approve to Approve Case Z-1173-09; an Amendment to the Zoning Ordinance to add the new and unlisted uses "Smoking Paraphernalia Establishment"& "Retail Tobacco Store". Moved by Commissioner Van Stripling, seconded by Commissioner Reginald Jones.
with the following stipulation:
1. To remove the use Retail Tobacco Stores from being allowed in Neighborhood Services (NS).
Vote to Approve to Approve Case Z-1173-09; an Amendment to the Zoning Ordinance to add the new and unlisted uses "Smoking Paraphernalia Establishment"& "Retail Tobacco Store". (Approved)
Ayes: North, Stripling, Dewberry, Jones, Chambers
Nays: None
G. REGULAR AGENDA:
(4) No items.
H. ADJOURNMENT:
Being there was no other business; Commissioner Dewberry adjourned the meeting at 7:20 PM.
Aug 11, 2009 Planning and Zoning Meeting
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Roll Call: 8 members present, 2 members absent, 0 members excused.
A. WORKSESSION AGENDA
(1) Discuss agenda items.
B. AGENDA
C. PLEDGE OF ALLEGIANCE.
D. CALL TO ORDER.
Commissioner Dewberry called the meeting to order at 7:00 PM and noted for the record that five (5) Commissioners were present.
E. CONSENT AGENDA ITEMS:
(2) Approval of the Minutes for the Regular Meeting on May 26, 2009.
Motion to Approve To Approve the Minutes for the Regular Meeting on May 26, 2009. Moved by Commissioner Van Stripling, seconded by Commissioner Reginald Jones.
Vote to Approve To Approve the Minutes for the Regular Meeting on May 26, 2009. (Approved)
Ayes: Stripling, North, Dewberry, Jones, Chambers
Nays: None
F. PUBLIC HEARING:
(3) Consider Case Z-1173-09; an Amendment to the Zoning Ordinance to add the new and unlisted uses "Smoking Paraphernalia Establishment"& "Retail Tobacco Store" and determine the zoning districts in which these uses should be allowed. The proposed change would also amend Section 36 - Use Regulations; Section 38 - Off-Street Parking and Loading and Section A-3 Definitions of the Zoning Ordinance.
Mr. Edlyn Vatthauer, Planning Manager, presented the management report.
Commissioner Dewberry asked the Commission if there were any questions of staff.
Commissioner Stripling asked Mr. Vatthauer to explain why smoking paraphernelia establishments and headshops were not considered an allowed use by-right in the Commercial 1 (C-1) and Commercial 2 (C-2) Zoning Districts.
Mr. Vatthauer stated that it would be better suited to review these types of uses on a case by case basis. In addition, we do not want to create a situation where these types of establishments over saturate the Commercial 1 (C-1) and Commercial 2 (C-2) Zoning Districts. By requiring Smoking Paraphernalia Establishments to go through the Specific Use Permit (SUP) process, it will control where they are located within the allowed districts.
Commissioner Stripling asked Mr. Vatthauer if the same assumption was not taken into consideration for the tobacco store use.
Mr. Vatthauer explained that the same assumption was not taken into consideration for the tobacco store use.
Commissioner Stripling asked Mr. Vatthauer to clarifiy the separation between how much tobacco sales would classify an establishment as a tobacco store verses a smoking paraphernalia establishment.
Mr. Vatthauer clarified the separation between how much tobacco sales would classify the tobacco store use and the smoking paraphernalia establishment.
Commissioner Dewberry asked the Commission if there were any other questions or comments.
Commissioner Jones stated that the public will probably wonder why we would allow the smoking paraphernalia establishment use in the City of DeSoto, but they need to understand that it is not illegal to have these types of businesses in DeSoto. However, we can try to control where they are located in the City by classifying the use.
Commissioner Chambers asked Mr. Vatthauer if the number of smoking paraphernalia stores would be controlled as well.
Mr. Vatthauer stated that in a sense the number of smoking paraphernalia establishments would be controlled through the Specific Use Permit (SUP) process, because each store would be accounted for. If there are too many smoking paraphernalia establishments in one area, another one does not have to be allowed in the same area.
Commissioner Stripling asked if there should be some consideration for over saturation of the tobacco store use as well.
Mr. Vatthauer informed the Commission that at this time there is no need to assume there will be over saturation of the tobacco store.
Commissioner Dewberry asked the Commission if there was any further discussion. Hearing no response, he asked the Commission for a motion.
Motion to Approve to Approve Case Z-1173-09; an Amendment to the Zoning Ordinance to add the new and unlisted uses "Smoking Paraphernalia Establishment"& "Retail Tobacco Store". Moved by Commissioner Van Stripling, seconded by Commissioner Reginald Jones.
with the following stipulation:
1. To remove the use Retail Tobacco Stores from being allowed in Neighborhood Services (NS).
Vote to Approve to Approve Case Z-1173-09; an Amendment to the Zoning Ordinance to add the new and unlisted uses "Smoking Paraphernalia Establishment"& "Retail Tobacco Store". (Approved)
Ayes: North, Stripling, Dewberry, Jones, Chambers
Nays: None
G. REGULAR AGENDA:
(4) No items.
H. ADJOURNMENT:
Being there was no other business; Commissioner Dewberry adjourned the meeting at 7:20 PM.
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