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Agenda Number G.10 <br /> <br />CITY OF HUGO <br />COMMUNITY DEVELOPMENT <br />DEPARTMENT <br /> <br />PLANNING AND ZONING <br />APPLICATION STAFF REPORT <br /> <br /> <br />TO: Bryan Bear, City Administrator <br /> <br />FROM: Rachel Juba, Community Development Director <br /> <br />SUBJECT: Zoning Ordinance Text Amendment – Amend Central Business Zoning <br />District (C-1) to specifically allow Tobacco Shops as a permitted use. <br /> <br />DATE: October 3, 2024, for the Planning Commission meeting on October 7, <br />2024 <br /> <br /> <br />1. PLANNING COMMISSION UPDATE: <br /> <br />At its meeting on Thursday, September 26, 2024, the Planning Commission held a public hearing <br />and considered the text amendment. There was one person to spoke during the meeting that <br />asked if they could sell CBD products. Staff stated they would need to be legal products to sell <br />CBD related items. The Planning Commission discussed parking and how Washington County <br />conducts compliance checks. After discussion the Planning Commission unanimously <br />recommended approval of the text amendment. <br /> <br />2. OVERVIEW: <br /> <br />There has been a request of the new property owner of 14815 Forest Boulevard North to locate a <br />tobacco shop in the former Premier Bank location attached to the convenience store. This <br />property is located in the Central Business Zoning District (C-1), which allows a wide variety of <br />retail sales of merchandise, including convenience stores, restaurants, and drive-through <br />businesses. However, tobacco shops are listed specifically in the General Business Zoning <br />District (C-2) and the City Code states: “Where a land use is stated as a principal, accessory, or <br />conditional use in any zoning district, that use shall not be permitted in any other zoning <br />district where it is not specifically allowed as a permitted, accessory, or conditional use.” <br />Therefore, currently a tobacco shop is not allowed in the C-1 district. It is unclear to staff why <br />the C-1 district does not list tobacco shops as a permitted use. <br /> <br />3. ANALYSIS: <br /> <br />Tobacco shops because of the nature of operations relates to convenience stores, restaurants, and <br />drive-through businesses which are allowed in the C-1 district. Convenience stores are allowed <br />to sell tobacco products with licensing. Permitting tobacco shops in the C-1 district has not been <br />considered until the recent proposal. It is in staff’s opinion that a tobacco shop would be an