Planning commission recommends zoning rules for ‘high‑risk’ businesses, adds dispensaries to proposal

The City of Whitehouse Planning and Zoning Commission on May 19 recommended that City Council consider ordinance 26-0428-01, a proposal to regulate certain "high‑risk" commercial uses by establishing zoning, spacing, operational and specific‑use permit requirements.

A Staff member told the Commission the city has seen increased interest in uses that "may present heightened secondary impacts, including vape shops, credit access businesses such as payday and auto‑title lenders, and skilled gaming businesses," and that the ordinance seeks to manage location and operations while protecting public health, safety and welfare. Staff said the item had been previously tabled to meet state notice requirements and that required notices have since been issued.

During discussion, commissioners asked whether dispensaries are covered; several members said dispensaries should be included. The Staff member said the ordinance language currently covers electronic smoking devices and dedicated vape shops and that, under the draft, existing lawful businesses would be treated as legal nonconforming. The Staff member told the Commission "right now, there are 3 vape shops in Whitehouse" and stated, "Every single one of them would be out of compliance" with the proposed spacing and zoning provisions.

Commissioners discussed buffer distances (for example, 1,000 feet versus 500 feet) and whether narrowing the distance would allow more locations while still protecting schools and sensitive sites. Members also raised concerns about potential loss of sales tax revenue and the difficulty of finding compliant locations given the city's compact development pattern. Staff outlined an option discussed previously in which the city could explore compensation negotiations with affected businesses that agree to cease operations, including using a third party to determine valuation and allowing appeals to the Planning and Zoning Commission; further remedies would require legal processes.

A Commission member moved to recommend approval of ordinance 26-0428-01 to City Council with the addition of language explicitly covering dispensaries; the motion was seconded and passed by voice vote with no opposition. Staff said the suggested language will be reflected in notes to City Council.

The Commission opened a public hearing on the item at about 6:10 p.m.; no one had signed in to speak and the hearing was closed. The ordinance recommendation now goes to City Council for formal consideration.