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Commission tables liquor-store zoning amendment after owner raises nonconformity concerns
Summary
The Planning and Zoning Commission voted to table a proposed amendment that would require conditional-use permits for liquor stores in C-1, C-2 and C-3 zones and define liquor stores as 5,000 sq ft or larger, following emotional testimony from an affected small-business owner and requests for more information. Staff said existing liquor stores under 5,000 sq ft would remain legal nonconforming and that a six-month grace period would allow a sale without a CUP.
The Weatherford Planning and Zoning Commission on Nov. 13 tabled a proposed text amendment that would require conditional-use permits for liquor stores in C-1, C-2 and C-3 zoning districts and set a 5,000-square-foot threshold for the definition of "liquor store." The commission voted to defer action to its Dec. 11 meeting to allow staff to gather more information after public comment.
Staff said the draft amendment would add a requirement that liquor stores in the named commercial zoning districts obtain a conditional-use permit; it would also include a definition limiting the term "liquor store" to locations of 5,000 square feet or larger. Staff recommended approval of the change but suggested additional legal review. The commission recessed for an executive session under Texas Government Code §551.071 to discuss legal questions and then reopened the public hearing.
Michelle Kennedy, owner of Twisted Snifter (111 N. Main), told commissioners that the proposed language could jeopardize longstanding small businesses. She said the mailed notice she received was addressed to the wrong person, raised concerns about the city's nonconforming-use language and described financial and personal stakes in her downtown property. "This is not ready to go to city council," Kennedy said, adding that she would consider legal action if the language is not clarified.
City staff clarified that the amendment would not change regulations in the Central Business District, where liquor stores already require a conditional-use permit, and that current liquor stores would generally become legal nonconforming uses. Staff said owners could sell a property to another liquor-store operator without a conditional-use permit if the new operator occupies the property within six months; if the property is vacant or used for a different purpose for more than six months, a new liquor-store use would require a CUP.
Commission discussion focused on how many existing businesses would be affected (staff said about 10 were notified) and on the consequences for properties under and over the 5,000-square-foot threshold. Commissioners asked staff to provide more detail on the number of affected businesses and on the nonconformity rules; a motion to table to the Dec. 11 meeting passed unanimously.
Next steps: staff will prepare additional information on impacted properties, nonconforming use implications and mailing/notice procedures for return at the Dec. 11 meeting.
