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Commission approves conditional use for tobacco/CBD retail at 4031 South Florist Street with limitations
Summary
The commission recommended a conditional use to allow a tobacco and CBD retail shop at 4031 South Florist Street, adding a friendly amendment to prohibit temporary pennants, banners and wavy flags and to limit operating features to be compatible with the residential base zoning.
The Zoning Commission recommended approval of a conditional rezoning to permit a tobacco and CBD retail store at 4031 South Florist Street, subject to conditions intended to preserve the residential character of the street.
Applicant and owner Max Moskovich told the commission he purchased the property believing it had preexisting commercial use; staff said the prior owner’s residential permits had removed that status and the property therefore required a conditional use to host retail. Staff recommended approval of RM4 CD with a conditional use for tobacco retail, noting the property sits along a minor secondary arterial and abuts both residential and commercial zoning.
Moskovich said the proposed tenant operates two other San Antonio locations and expects to carry tobacco blends and prepackaged CBD products; he described a back-unit apartment that remains tenant-occupied. No public comment was recorded. Commissioners discussed permissible signage, hours and storefront character because the property remains on an RM4 residential‑based zoning district. Staff clarified that a commercial use on an RM district requires controls, including restrictions on construction features and, by custom in similar approvals, limits to temporary promotional signs.
Commissioner George Hinojosa made the motion to approve; Commissioner Bartos seconded. During discussion Commissioner Kelly proposed a friendly amendment to prohibit temporary signs (wind wavers, pennants, snipe signs); the maker accepted. The commission added the condition and voted unanimously to recommend approval. Staff noted business hours on residential conditional uses are typically limited (the commission record cites restrictions against operation before 7 a.m. or after 6 p.m., though applicants sometimes propose narrower hours); the approved motion included the standard conditional-use site‑plan requirement and the prohibition on temporary promotional signage.
The recommendation will go to City Council for final approval and the applicant must still obtain any required business licenses and comply with city and state regulations for tobacco and CBD sales.
