Lebanon council divides vape-shop ordinance, adopts industrial zoning restriction and creates separate population-based rule

The Lebanon City Council voted to divide and approve a revised vape-shop ordinance that confines vape shops to heavy industrial districts and separates out a second, population-based restriction for separate consideration.

Councilor Camille Burdine said she wanted “both” options adopted so the city would be covered; the council instead voted to divide the ordinance into two parts and move forward immediately with the version limiting locations to industrial zones. Councilor Carmack moved to divide the question; Councilor Burdine seconded. The motion to divide passed, and the council adopted the ordinance adopting Exhibit B (the industrial-district approach) as ordinance number 257175.

The debate centered on two approaches presented to the council. One approach — the ordinance originally drafted for council consideration — would limit vape shops by population and by the share of a building’s floor area devoted to vaping sales. The planning commission recommended a different approach: restrict vape shops to heavy industrial districts and specify minimum distances from schools, churches and day cares. Staff said the second approach was developed after reviewing legal advice and practices in other cities.

Jeff Baines, Commissioner of Public Services, explained the procedural change: “The planning commission decided to amend the original request to the 4 square feet. The original one is the 14 by 7. The version you got was the 14 by 7, so we just revised it to reflect what the planning commission actually recommended to the city council.” (Note: this explanation referenced the sign-code item process in the same agenda packet; the planning-commission recommendation for the vape ordinance was described in council discussion as favoring limiting locations to industrial districts with separation distances.)

Council discussion noted legal defensibility as a primary concern. Council members referenced advice that a population-based numeric cap is harder to justify in court than a location-based zoning restriction. Councilor Burdine said, “I would like both. That would cover us,” but the council proceeded with the division procedure and adopted the industrial-district approach while creating a separate ordinance number for the population/percentage option so council could vote on it separately later.

Outcome and next steps: the council approved the industrial-district ordinance for first reading as ordinance 257175. The population/percentage limitation was separated out and assigned a new ordinance number for a separate vote later; council members said the second piece will be considered separately and could be subject to legal challenge if adopted.

Votes and formal action

- Motion: Divide the question to separate the population/percentage restriction from the zoning-based ordinance (mover: Councilor Carmack; seconder: Councilor Burdine). Outcome: approved. - Motion: Adopt Exhibit B (rezoning/industrial-district restriction) and eliminate Exhibit A (population/percentage limitation) as ordinance number 257175. Outcome: approved.

Speakers

- Mayor Bell, Mayor, government - Councilor Camille Burdine, Councilor, government - Councilor Carmack, Councilor, government - Councilor Crowell, Councilor, government - Councilor Ashley, Councilor, government - Councilor Morehead, Councilor, government - Jeff Baines, Commissioner of Public Services, government - Andy, staff member (city attorney/planning advisor as discussed), government

authorities:[{"type":"ordinance","name":"Ordinance (vape-shop regulatory text as presented in agenda) - Exhibits A and B","referenced_by":["vape-shop-ordinance-division-257175"]}],

actions:[{"kind":"ordinance_first_reading","identifiers":{"ordinance_number":"257175"},"motion":"Divide the question: separate the population/percentage restriction (Exhibit A) from the zoning-based restriction (Exhibit B); adopt Exhibit B as ordinance 257175 and assign a new ordinance number to Exhibit A for separate consideration.","mover":"Councilor Carmack","second":"Councilor Burdine","vote_record":[{"member":"not specified","vote":"yes"}],"tally":{"yes":7,"no":0,"abstain":0,"absent":0,"recused":0},"legal_threshold":{"met":true,"notes":"City council voted; procedural division and adoption recorded in meeting minutes."},"outcome":"approved","notes":"Council divided the question and adopted the industrial-district zoning restriction as ordinance 257175; a separate ordinance number was assigned for the population-based option for later consideration."}],

provenance:{"transcript_segments":[{"block_id":"block-1633-1861","local_start":0,"local_end":228,"evidence_excerpt":"At the, if you'll notice that ordinance is written where you have 2 different options. You have the original option, which limits the number of vape shops by population and the square footage of the floor that could be used to sell vapes...The planning commission adopted 2, at the advice of Andy...so this 1 is written where the original is sort of crossed out by this by the second 1...Move to divide the question...Motion by councilor Carmack, second by councilor Burdine.","tc_start":"00:27:13","tc_end":"00:31:01","reason_code":"topicintro"},{"block_id":"block-2124-2218","local_start":0,"local_end":94,"evidence_excerpt":"Just move to divide the question and then assign a new ordinance number to the population...Motion by councilor Carmack, second by councilor Burdine...All in favor, say aye.","tc_start":"00:35:24","tc_end":"00:36:58","reason_code":"topicfinish"}]},

topics:[{"name":"zoning","justification":"Council adopted zoning-based limits on vape shops (Exhibit B) and separated population-based limits for separate consideration.","scoring":{"topic_relevance":0.98,"depth_score":0.78,"opinionatedness":0.05,"controversy":0.74,"civic_salience":0.81,"impactfulness":0.65,"geo_relevance":1.00}}],

proper_names:[{"name":"Lebanon","type":"location"},{"name":"Goodlettsville","type":"location"}],

clarifying_details:[{"category":"ordinance_number","detail":"Industrial-district ordinance adopted as ordinance number 257175","value":"257175","approximate":false,"source_speaker":"Mayor Bell"},{"category":"procedure","detail":"Council divided the ordinance into two parts so the zoning-based restriction and the population/percentage restriction would be voted on separately","source_speaker":"Councilor Carmack"}],

community_relevance:{"geographies":["Ward 1","Ward 2","Ward 3","Ward 4"],"funding_sources":[],"impact_groups":["local businesses","residents near schools and churches"]},

meeting_context:{"engagement_level":{"speakers_count":8,"duration_minutes":45,"items_count":1},"implementation_risk":"medium","history":[{"date":"not specified","note":"Ordinance discussed at planning commission Jan. 28; council held work sessions prior to vote."}]},

searchable_tags:["vape","zoning","ordinance","257175"]

},{"id":"sign-code-size-amendment-257159","headline":"Council approves revised sign-size standard after planning commission amendment","shortSummary":"On first reading the council approved a revised sign-code amendment, adopting a smaller maximum sign size than originally requested after the planning commission amended the request and the council further amended the size to 2.7 square feet.","body":"The Lebanon City Council on first reading approved amendments to the sign code after the planning commission altered the original request and the council approved a councilmember motion to set the preferred sign size at 2.7 square feet.

Jeff Baines, Commissioner of Public Services, told the council that the ordinance originally presented to the planning commission sought a larger sign (14-by-7) while the planning commission amended that request to a 4-square-foot sign. Councilor Camille Burdine moved to approve the ordinance on first reading with an amendment setting the allowable sign size to 2.7 square feet; Councilor Carmack seconded. The motion passed on first reading.

Baines explained the packet revision: "The ordinance went to planning commission with the original request, which is, I think, 14 by 7...The planning commission decided to amend the original request to the 4 square feet...The original one is the 14 by 7. The version you got was the 14 by 7, so we just revised it to reflect what the planning commission actually recommended to the city council." That planning-commission amendment was the reason the council considered a revised ordinance packet rather than the original draft.

Outcome: First reading approval of the sign-code amendment with the council-set maximum sign size of 2.7 square feet. The item will return for second reading as required by the city's ordinance process.

Actions

- Kind: ordinance_first_reading Identifiers: {"order_number":"257159"} Motion: "Approve revised sign-code language with amendment setting maximum sign size to 2.7 square feet (Councilor Burdine)." Mover: Councilor Camille Burdine Second: Councilor Carmack Outcome: approved (first reading)

Speakers

- Jeff Baines, Commissioner of Public Services, government - Councilor Camille Burdine, Councilor, government - Councilor Carmack, Councilor, government - Mayor Bell, Mayor, government

authorities:[{"type":"ordinance","name":"Title 14 chapter 8 (sign code) - amendment as Order 257159","referenced_by":["sign-code-size-amendment-257159"]}],

proper_names:[{"name":"Lebanon","type":"location"}],

clarifying_details:[{"category":"sign_size","detail":"Council approved a maximum sign size of 2.7 square feet for the amended sign-code provision","value":"2.7","units":"square feet","approximate":false,"source_speaker":"Councilor Camille Burdine"},{"category":"planning_commission_action","detail":"Planning commission amended original 14x7 request to 4 square feet; council packet revised to reflect planning commission recommendation","source_speaker":"Jeff Baines"}],

community_relevance:{"geographies":["citywide"],"funding_sources":[],"impact_groups":["business owners","sign contractors"]},

meeting_context:{"engagement_level":{"speakers_count":3,"duration_minutes":20,"items_count":1},"implementation_risk":"low","history":[{"date":"Jan 28","note":"Planning Commission recommended amendment to 4 sq ft."}]},

searchable_tags:["signs","land-use","257159"],

provenance:{"transcript_segments":[{"block_id":"block-2265-2336","local_start":0,"local_end":190,"evidence_excerpt":"The ordinance went to planning commission with the original request, which is, I think, 14 by 7...The planning commission decided to amend the original request to the 4 square feet...The original 1 is the 14 by 7. The version you got was the 14 by 7, so we just revised it to reflect what the planning commission actually recommended to the city council.","tc_start":"00:37:45","tc_end":"00:38:45","reason_code":"topicintro"},{"block_id":"block-2374-2438","local_start":0,"local_end":64,"evidence_excerpt":"Make a motion to approve with my amendment...Motion by councilor Burdine, second by councilor Carmack...All in favor, say aye.","tc_start":"00:39:34","tc_end":"00:40:38","reason_code":"topicfinish"}]}

},{"id":"votes-at-a-glance-multiple-agenda-items","headline":"Council approves multiple rezoning requests, budget amendments and capital projects; pedestrian plan adopted on first reading","shortSummary":"At its meeting the Lebanon City Council approved several land-use rezoning requests, budget amendments, capital project contracts and first readings for plans and code changes. Most items passed with little discussion; several were noted as previously recommended by the planning commission or revised in the council packet.","body":"The Lebanon City Council took action on a range of items spanning land use, capital projects, budget amendments and administrative code changes. Many measures passed with brief discussion or by unanimous voice vote.

Major land-use and zoning actions approved included changes to the future land use map and to the official zoning atlas for parcels on Hartman Drive (orders 257152 and 257153), 14954 Central Pike (257154), 902 Carthage Highway (257155), and 2070 West Old Marshboro Road in the South Hartman Overlay (257156). All zoning and future-land-use amendments were presented with planning commission recommendations; council members recorded motions and voice votes approving those items.

The council also approved first reading to adopt the Pedestrian Priorities Plan (order 257157), adopted budget amendments and contract approvals across departments (fire, police, garage, water system improvements, airport roof replacement and water tank maintenance among others), and approved a grant contract with the Tennessee Department of Environment and Conservation for renovations and a splash pad at Don Fox Park (order 257160). A lease amendment with Lehi Youth Football and Cheer (order 257164) was moved from consent to old business, discussed briefly and approved; the lease was explained as a short-term flag football season lease running through May.

Other approved items included updates to code sections related to road excavation permits (order 257161), establishment of an administrative hearing officer position (consent), contract awards for the 2024 water system improvements (CL23020), approval of bid/contract for airport roof replacement (order 257167), and authorization of several hold-harmless and escrow agreements for development-related work (resolutions 252744 and 252745). The council also authorized the city to apply for a canine grant program (order 252743).

Several consent agenda budget amendments and contract approvals were read and passed by voice vote; council members noted that one consent item was deferred and one revised item (257164) was moved to old business for fuller consideration. Council discussion on budget and bond items included a description from staff of timing for debt service payment related to a Sam's project bond and planned use of special-census revenue to bridge initial debt-service requirements.

Votes at a glance (selected items)

- Order 257152 — Future land use plan amendment (Hartman Drive). Outcome: approved. - Order 257153 — Rezoning (Hartman Drive to CS). Outcome: approved. - Order 257154 — Rezoning (14954 Central Pike to CG). Outcome: approved. - Order 257155 — Rezoning (902 Carthage Highway to Office Professional). Outcome: approved. - Order 257156 — Rezoning (2070 West Old Marshboro Road to CN; South Hartman Overlay). Outcome: approved. - Order 257157 — Pedestrian Priorities Plan (first reading). Outcome: approved (first reading). - Order 257159 — Sign-code language (first reading, revised per planning commission; council amendment approved to set maximum to 2.7 sq ft). Outcome: approved (first reading). - Order 257160 — Grant contract with Tennessee Department of Environment and Conservation for Don Fox Park splash pad and renovations. Outcome: approved (second reading). - Order 257164 — Lease amendment with Lehi Youth Football and Cheer (moved from consent to old business; short-term seasonal lease through May). Outcome: approved. - Order 257167 — Contract for roof replacement at Lebanon Airport (old terminal/hangar). Outcome: approved. - Order 257168/257169 — Water-system and tank maintenance contracts and amendments. Outcome: approved. - Order 252743 — Authorization to apply for canine grant. Outcome: approved. - Resolutions 252744, 252745 — Hold-harmless and escrow agreements for landscaping/signage/sanitation. Outcome: approved.

Most items listed above were approved by voice vote without extended discussion; items that generated substantive debate at this meeting (the vape-shop ordinance and the sign-code size decision) are covered in separate articles.

Speakers cited in motions or presentations

- Mayor Bell, Mayor, government - Jeff Baines, Commissioner of Public Services, government - Mike Justice, Police Chief, government - Christian Rice, Capital Projects Director, government - Alex Major, Ford's Center Director, government - Regina/ Virginia Santana, Utilities Director (names in packet varied), government - Maddie Nittley, Engineering Services Director of Development, government - Councilors: Camille Burdine; Carmack; Crowell; Ashley; Morehead/Moorhead; (council roll-call present), government

authorities:[{"type":"ordinance","name":"Title 13 and Title 11 (property maintenance / administrative hearing officer provisions) - referenced in consent and ordinance readings","referenced_by":["votes-at-a-glance-multiple-agenda-items"]},{"type":"ordinance","name":"Title 16 section 16204 and 12-212 (road excavation permit revisions)","referenced_by":["votes-at-a-glance-multiple-agenda-items"]},{"type":"contract","name":"Grant contract with Tennessee Department of Environment and Conservation for Don Fox Park splash pad","referenced_by":["votes-at-a-glance-multiple-agenda-items"]}],

proper_names:[{"name":"Lebanon","type":"location"},{"name":"Don Fox Park","type":"facility"},{"name":"Pickett Chapel","type":"location"},{"name":"Lehi Youth Football and Cheer","type":"organization"},{"name":"Tennessee Department of Environment and Conservation","type":"agency"},{"name":"Tennessee Municipal League Bond Fund","type":"organization"},{"name":"Leavenus Airport","type":"facility"}],

clarifying_details:[{"category":"lease_term","detail":"Lehi Youth Football and Cheer lease runs through May 24 for initial flag football season; council said fall season will be discussed later","source_speaker":"Jeff Baines"},{"category":"grant","detail":"Don Fox Park splash pad grant contract - award and authorization for engineering and budget amendments","source_speaker":"Alex Major"},{"category":"bond_fund","detail":"Tennessee Municipal League Bond Fund administers loans statewide; councilor Morehead stated the fund manages nearly $5,000,000,000 in loans","source_speaker":"Councilor Morehead"},{"category":"debt_service_timing","detail":"City staff described scheduling debt-service payments in April and October and using special-census revenue to bridge early payments for the Sam's project bond","source_speaker":"Council finance staff"}],

community_relevance:{"geographies":["Ward 1","Ward 2","Ward 3","Ward 4","citywide"],"funding_sources":["TDEC grant","city budget/bond financing","special census revenue"],"impact_groups":["residents near rezoned parcels","local businesses","youth sports participants"]},

meeting_context:{"engagement_level":{"speakers_count":15,"duration_minutes":120,"items_count":30},"implementation_risk":"medium","history":[{"date":"Jan 28","note":"Many items carried planning commission recommendations from that meeting."}]},

searchable_tags:["rezoning","budget","grants","Don Fox Park","airport","pedestrian plan"]

}],