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Rowlett commission recommends denying special-use permit for smoke shop at 1800 Dalrock Road
Summary
The Planning & Zoning Commission recommended denial of a special-use permit for a smoke / vape / CBD store proposed at 1800 Dalrock Road after staff presentations, public opposition and commissioner concern about CBD/THC products and local proliferation of vape shops.
The Rowlett Planning & Zoning Commission voted March 25 to recommend denial of a special-use permit for a proposed smoke shop at 1800 Dalrock Road, Suite 400.
Staff presented the request as a proposed convenience smoke shop occupying about 1,000 square feet within an existing shopping center and said the city has about 12 vape and CBD shops. Eliana Morrejon, the staff presenter, said the council adopted an ordinance in August 2022 requiring an SUP for businesses selling electronic cigarettes, vapor products and CBD so the city could “create more of an oversight on this type of use, just to ensure the health, safety, and welfare of our community.”
The applicant, Robert Nunez of Alcopy Development Partners, said the tenant operates a Plano smoke shop with no enforcement issues and that the property owner had told him a previous smoke shop occupied the space. Nunez said the operator plans multiple employees and would comply with lease terms prohibiting illegal products; he described the business as “primarily vape” during discussion.
Staff provided a product breakdown listed in the application: 25% e-cigarettes and vape products, 10% tobacco and cigars, 45% CBD products, 10% novelty items and 10% miscellaneous items. Commissioners asked whether the operator would run the business without CBD products if state law changed; the applicant answered that he would be willing to revise product offerings and noted some jurisdictions approve SUPs for fixed terms so the business returns for review.
Commissioner Pollard cited recent regional enforcement actions in other cities alleging shops sold products exceeding Texas legal THC limits and argued proximity to a lake, hotel and marina made the site a poor fit. Commissioner Hernandez said he was open to approval if CBD products were excluded but expressed concern about legal changes that might leave the business unable to operate.
After public comment closed, Commissioner Pollard moved to recommend denial of the SUP; Commissioner Wilson seconded. The motion carried (transcript reports the final outcome as four in favor of denial, two opposed, with one abstention and one absence noted in the record). The commission’s recommendation will be forwarded to the City Council, which makes the final decision on SUPs.
