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Commission to draft zoning definitions for vape, head and cannabis retailers; recommends 1,000-foot school buffer
Summary
Balcones Heights Planning & Zoning commissioners directed staff to draft updated zoning definitions for vape shops, head shops and cannabis retailers after reviewing Texas changes to hemp/cannabis sales; commissioners recommended a 1,000-foot buffer from public and private schools and smaller buffers for other areas, to be returned to the commission next month.
Balcones Heights’ Planning & Zoning Commission discussed on May 19 whether to amend the city zoning code to add clearer definitions for retail head shops, vape shops, smoke shops and cannabis retailers and to set buffer distances from schools and residential areas.
Staff told the commission that recent Texas legislative changes have restricted retail sales of inhalable hemp and cannabis products above 0.3% THC, leaving only items such as CBD oils, hemp edibles, topicals and hemp-infused beverages available in many convenience-store settings. Staff said the city’s current definition covers only a narrow “retail head shop” concept focused on tobacco products and recommended adopting more comprehensive language similar to nearby municipalities, including Brenham and San Antonio, to avoid loopholes.
The commission reviewed maps showing the effect of a 1,000-foot buffer around schools, parks and other public uses. Staff cautioned that a 1,000-foot perimeter around schools and parks would exclude large portions of the city from permitting these businesses. "If we adopt that thousand ft, most of the city would be excluded," staff said while showing the map. Commissioners agreed schools deserved the strongest protection.
After discussion, commissioners coalesced around recommending staff draft ordinance language that would propose a 1,000-foot buffer from public and private schools and a shorter buffer for other areas (commission discussion referenced 300 feet and 150 feet as possible alternatives for parks or single-family zones). Staff will prepare proposed definitions and distance standards for the commission to review next month and noted that any change would require public hearings before the City Council.
The staff presentation also noted that businesses qualifying under the Texas Compassionate Use Program (medical cannabis) would be exempt from the state sales restrictions described by staff and would be treated differently under state law, a distinction commissioners asked the staff to reflect in proposed definitions.
Next steps: staff will draft ordinance language and maps reflecting the commission’s direction and return with formal proposals and recommended public-hearing language at the next meeting.
