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Commission recommends adding regulated 'smoke shop' land use and approves Independence/Maine PD with local restriction
Summary
Staff asked the commission to add 'smoke shop' as a defined land use permitted in C-1 and C-2 with a 1,000‑foot conditional separation from residences, schools, places of worship and other smoke shops; commissioners recommended the text change and also approved a separate PD for Independence/Maine, adding a condition to prohibit smoke shops adjacent to the park.
The commission recommended a zoning-text amendment (ZA25‑0008) to add a defined “smoke shop” land use to the zoning ordinance and to permit it in retail commercial (C‑1 and C‑2) districts subject to a conditional development standard that would place smoke shops at least 1,000 feet from residential zoning, schools, hospitals, licensed child‑care centers, places of worship and other smoke shops.
Jonathan (planning staff) explained staff sent 41 notices to potentially affected properties and received eight inquiries seeking clarification; staff recommended approval and noted the ordinance language would clarify how the 1,000‑foot distance is measured. “So in any case where we are changing the ordinance that could make land uses nonconforming, we’re required to send notice,” Jonathan said. Staff explained that current smoke‑shop operations that would become nonconforming could continue to operate under the city’s nonconforming‑use provisions, subject to limits on expansion and replacement.
The commission then considered a plan‑development (PD) request for the southwest corner of Independence and Maine, a five‑acre retail proposal with voluntary development commitments and open‑space orientation toward Backus Park. The applicant’s representative, David Bond of Spires Engineering, said the team is not proposing smoke shops at the site and described traffic volumes and phasing commitments; he noted the proposed open space meets the 10% requirement. Commissioners asked clarifying questions about proximity to residences and how mixed‑use or PD designations affect the 1,000‑foot measurement.
Because item 20 is adjacent to a park and park users were a stated concern, a commissioner moved to approve the PD with an additional restriction barring smoke shops in that immediate area; the motion passed 6–0.
What happens next
The commission forwarded a recommendation to the City Council to amend the zoning text; the council will consider adoption in a future ordinance. The PD for Independence/Maine was recommended for approval by the commission and will move to council for final action per the normal process.
