Council approves special-use permit for smoke shop near Old Town despite neighbor opposition

Leander City Council voted 5-2 on June 5 to grant a five-year special-use permit allowing a smoke shop to operate at 106 W. Willis St., in Old Town, with conditions on exterior appearance and signage.

The applicant, Sayed Sadad, told the council he consulted planning staff by email in January and relied on staff's guidance that retail sale of new goods was allowed in the T5 transit smart-code zone. He said he began renovating the space and applying for state licenses before city staff informed him that a city ordinance imposing a 1,000-foot buffer from schools would require a special-use permit because the Leo Center and portions of Leander ISD property fell within that radius.

"We started our renovation and investment immediately following the city zoning confirmation," Sadad said. "Once we were almost done, the city told us about the school proximity and said we needed a special-use permit." He told the council the business would carry CBD and compliant vape products and that his lease was for five years with a five-year option.

Neighbors urged denial. Anita Chmovedovich, of 708 Palomares Drive, opposed the permit, distinguishing convenience stores that sell tobacco as general retailers from specialty smoke shops. She argued the city's 1,000-foot buffer ordinance specifically aims to restrict specialty tobacco and vape retailers near schools and said recent state advertising restrictions would limit the shop's viability. "Approving this permit would not only violate the spirit of our zoning protections but also send the wrong message," she said.

Council members debated the site's context. Mayor Christine DeLisle, who sponsored the original buffer ordinance, said the intent was to prevent specialty retailers near high schools; the Leo Center is on the same property complex but students do not walk to Old Town, she added. Staff confirmed the measured 620-foot distance between the smoke shop property line and the Leo Center property line; Camacho Elementary is beyond the 1,000-foot buffer but Leo Center is within the buffer measurement used for the ordinance.

Council voted 5-2 to approve the permit with conditions requiring the building's exterior to remain in character with the Old Town smart code and limiting additional exterior signage to the smart-code allowances. The Planning and Zoning Commission had recommended denial when it considered the application in May; staff had recommended approval but acknowledged a drafting error in the executive summary that misstated P&Z's recommendation.

Why it matters: The vote highlights how code interpretations and the timing of staff guidance can lead applicants to make investments before a formal permit review resolves siting constraints. The council's decision balances the applicant's investment and the Old Town context against public-health and planning concerns voiced by residents.

What's next: Staff will implement the conditions on signage and exterior design as part of the permit; the special-use permit is limited to five years, after which the council can reconsider the site's use.