Bee Cave planning commission recommends City Council add smoke-and-vape-shop use to UDC with 1,000-foot school buffer

The Planning and Zoning Commission for the City of Bee Cave recommended on Sept. 16 that the City Council amend the Unified Development Code to create a separate use category for smoke and vape shops, prohibit on-site consumption, and require that new shops be at least 1,000 feet from public or private schools, day cares or child facilities.

Senior Planner Sean Lipano told the commissioners that when Bee Cave adopted the UDC in 2022, “the broad retail use sort of became an umbrella for many different types of uses,” and staff identified potential incompatibilities. Lipano said the proposed amendment “aims to break that out from the general retail sales into its own separate use of smoke and vape shop,” defined as a “retail establishment utilized primarily for the sale of cigarettes, electronic cigarettes, vapes, cigars, tobacco pipes, and other smoking supplies.” He said on-site smoking or consumption would be prohibited and several conditional standards would apply, including the 1,000-foot buffer measured to the property line of the incompatible use. Lipano said the proposed smoke-and-vape-shop use would be permitted via Specific Use Permit in the same mixed-use and three commercial districts where general retail sales are allowed.

Commissioner Wiccans praised the draft definition, saying it “clarifies it and will help with the actual standard.” Wiccans also said a 1,000-foot buffer appeared reasonable compared with other municipalities and referenced marijuana dispensary buffers, which she said are often 1,000 feet under state law.

Commissioner Reynolds moved to recommend approval of the UDC amendments as presented by staff; Commissioner Wiccans seconded. The commission voted unanimously in favor and the motion passed. The recommendation now goes to the Bee Cave City Council for final action; no City Council hearing date was stated in the meeting.

At the start of the meeting the commission approved the consent agenda, which included minutes from December 2024 and July 15, 2025. The commission noted an application for a Specific Use Permit for on-premise alcohol in a neighborhood mixed-use district had been withdrawn and no action was taken on that item. Staff reported ongoing work on several replat applications that may come before the commission after comments are cleared or possibly be handled via administrative waiver.

The commission did not receive public testimony on the UDC amendment during the hearing.

The City Council will receive the commission's recommendation; the transcript did not specify a City Council consideration date or additional review steps.