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Agenda Number D 3 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Hugo Planning Commission FROM: Rachel Juba, Community Development Director SUBJECT: Zoning Ordinance Text Amendment—Amend Central Business Zoning District (C-1) to specifically allow Tobacco Shops as a permitted use. DATE: September 23, 2024, for the Planning Commission meeting on September 26, 2024 1. OVERVIEW: There has been a request of the new property owner of 14815 Forest Boulevard North to locate a tobacco shop in the former Premier Bank location attached to the convenience store. This property is located in the Central Business Zoning District (C-1), which allows a wide variety of retail sales of merchandise, including convenience stores, restaurants, and drive-through businesses. However, tobacco shops are listed specifically in the General Business Zoning District (C-2) and the City Code states: "Where a land use is stated as a principal, accessory, or conditional use in any zoning district, that use shall not be permitted in any other zoning district where it is not specifically allowed as a permitted, accessory, or conditional use." Therefore, currently a tobacco shop is not allowed in the C-1 district. It is unclear to staff why the C-1 district does not list tobacco shops as a permitted use. 2. ANALYSIS: Tobacco shops because of the nature of operations relates to convenience stores, restaurants, and drive-through businesses which are allowed in the C-1 district. Convenience stores are allowed to sell tobacco products with licensing. Permitting tobacco shops in the C-1 district has not been considered until the recent proposal. It is in staff s opinion that a tobacco shop would be an appropriate use in the C-1 district. The use would be compatible with the retail-based uses permitted in the district. 3. RECOMMENDATION: The staff recommends approval of the attached text amendment ordinance. ATTACHMENT: Text Amendment Ordinance