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Irving council weighs 1,000-foot buffer for tobacco-focused retailers near schools and parks
Summary
City staff proposed a Unified Development Code amendment to prohibit retail stores whose revenue is mainly tobacco products within 1,000 feet of protected uses; council favored at minimum schools and considered adding public parks as protected uses, with existing tobacco retailers to be grandfathered as legal nonconforming uses.
Planning staff presented a proposed amendment to the Unified Development Code (UDC) that would create a new regulated use—"tobacco-related retail businesses"—and prohibit such stores within 1,000 feet of defined protected uses.
Under the draft, a tobacco-related retail business would be a retail site where 51 percent or more of sales revenues are from tobacco products. Staff said state statutes limit municipal authority to ban sales or change legal age limits but permit cities to add operational standards and separation requirements.
Staff presented three mapping options to council: (1) a 1,000-foot buffer around schools only; (2) buffers around schools and public parks; and (3) buffers around schools, parks and religious institutions. Council discussion favored protecting schools and expressed interest in including parks; some members noted the larger buffers in options (2) and (3) would sharply reduce the number of commercially zoned parcels where such retailers could locate.
Staff said existing tobacco-focused stores would be legal nonconforming uses and could remain, but if a store closes for a specified period it could not reopen as a tobacco-focused retailer under the new rules. The draft also addressed illuminated signage and measurement methods (property-line to property-line or tenant-door to tenant-door) and would apply notification procedures required by state law before adoption.
Next steps: staff will take council direction to Planning & Zoning for a public hearing and formal recommendation, then return to council with an ordinance and final map based on council guidance.
Note: staff said the proposed restrictions would not affect general retailers or convenience stores that derive less than 51 percent of revenue from tobacco products.
