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Planning Commission denies plan amendment that would have allowed tobacco/vape uses within 1,000 feet of Collins Garden Elementary
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Summary
The Planning Commission denied a request to amend the Nogolitos and South Salsa Motor Plan for 1904 Nogelitos that would have enabled a C-3 RS rezoning and specific-use tobacco/vape retail authorization near Collins Garden Elementary; staff cited UDC section 35-398.02 and neighborhood inconsistency.
The San Antonio Planning Commission on April 22, 2026 voted to deny a plan amendment that would have changed the Nogolitos and South Salsa Motor Plan designation for 1904 Nogelitos from neighborhood commercial to regional commercial, a change staff said would permit tobacco- and vape-related retail uses too close to a protected use.
Planner Samantha Benavides told the commission staff mailed 47 notices (0 in favor, 1 opposed) and that the Palm Heights Neighborhood Association did not respond. She said the applicant's requested rezoning (to C-3 RS, general commercial restrictive alcoholic sales district) included a specific-use authorization for a tobacco store, retail hookah lounge, smoking room, vape shop or consumable hemp-products retailer within 1,000 feet of a public or private school, day care or institution of higher learning. Benavides said the proposal conflicted with the Unified Development Code (UDC) section 35-398.02, which prohibits such encroachments near protected uses, and that staff and the zoning commission recommended denial; the applicant was not present.
Commissioners asked whether the applicant had been informed; Benavides said she had spoken to him by phone that morning. Commissioners expressed concern that the request was inconsistent with surrounding land uses and that, with the applicant absent, there was little basis to proceed. Commissioner Siegel moved to deny the plan amendment; Commissioner Sanchez seconded. The motion carried on a roll-call vote.
Outcome and next steps: The commission's denial ends the requested plan amendment as presented; any future changes would require a new application or a different proposal that addresses staff and community concerns.
Quote: "The proposed regional commercial classification is inconsistent with the existing land use designation in the surrounding area," said Samantha Benavides, Development Services planner, summarizing staff's recommendation.
