TO: Mayor and Members of City Council
THRU: Kelly Olivera, Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Will Deaton, AICP, CFM, CZO - Planning and Zoning Manager
Craig M. Harmon, CZO - Senior Planner
DATE: October 28, 2024
RE:
Title
TA24-11 - Tobacco and Hemp Retail Amendment
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Strategic Operating Plan FY 2022
Goals 2027
Goal 2: Responsible City Government Supporting a Diverse and Viable Economy
Objective 2.4 - Sustain a favorable development climate to encourage business growth
Goal 3: City Investment in Today and Tomorrow
Objective 3.2 - Manage the City's future growth and strategic land use
Executive Summary:
Below is the proposed text amendment to the Unified Development Ordinance to regulate tobacco and hemp retail products based on the recently adopted Cumberland County Ordinance.
Upon the City Council's direction from the May 6th work session, this item went before the Planning Commission for a legislative hearing and recommendation by the Commission with a focus on regulation of tobacco and hemp retail through the principal use of the subject property. Following the Planning Commission’s recommendation, the proposed text amendment will be presented to the City Council, this time for a legislative hearing, review, and decision.
Background:
At the City Council’s January work session, a council request was made asking staff to review a proposed ordinance change by Cumberland County. The Cumberland County proposed text amendment and definition was approved by the Cumberland County Commissioners on January 16, 2024.
The proposed amendment to the City’s ordinance is similar to the text that was adopted by the Cumberland County Commissioners. However, the City’s proposed ordinance change expands the separation distance to 1,500 feet and includes religious institutions.
Council has directed that this item come before the Planning Commission for their recommendation.
During the Planning Commission meeting on May 21, 2024, a unanimous vote of 7-0 was passed to send the text amendment back to staff for additional review and legal interpretation.
Legal provided clarification regarding the ability of local governments to provide for distance separation from specific uses as intended by the requested text amendment.
At the Planning Commission meeting on September 17, 2024, a vote of 4-1 was cast in favor of the proposed text amendment.
Issues/Analysis:
The first step in bringing a proposed amendment before the City Council is to have it reviewed, modified and recommended by the City’s Planning Commission, following City policies and State Statutes as shown below. The Commission is an integral part of any text amendment process.
According to section160D-301 of the North Carolina General Statutes:
(a) Composition. - A local government may by ordinance provide for the appointment and compensation of a planning board or may designate one or more boards or commissions to perform the duties of a planning board. A planning board established pursuant to this section may include, but shall not be limited to, one or more of the following:
(b) Duties. - A planning board may be assigned the following powers and duties:
(3) To develop and recommend policies, ordinances, development regulations, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.
Development Services Staff proposes the following text amendment:
Tobacco and Hemp Retail
• The site of the establishment must be located at least 1,500 feet- measured in a straight line from property line to property line-from the site of any other Tobacco and Hemp Retail establishment that exists or has been permitted.
• The site of the establishment must be located at least 1,500 feet-as measured in a straight line from property line to property line- from any of the following uses: schools (public, private, elementary or secondary), day care facilities, religious institutions, group homes, public parks, group quarters (halfway house), or residential habilitation support facilities.
• There shall not be more than one use subject to these standards on the same property or in the same building, structure, or portion thereof.
Tobacco and Hemp Retail: means the principal sales and/or distribution of:
• Any product that contains tobacco or nicotine, irrespective of whether the nicotine is tobacco-derived or synthetic, and is intended for human consumption, as defined by G.S. § 14-313(4). As used in this subchapter, "tobacco product" includes but is not limited to: cigarettes, cigars, pipe tobacco, electronic cigarettes, hookah, smoked or vaped tobacco substitutes, chewing tobacco, snuff, snus, dissolvable tobacco products, and heated tobacco products. Tobacco product does not include nicotine replacement products approved by the USFDA for treatment of tobacco use find dependence.
• Any product that contains tetrahydrocannabinol (THC), irrespective of whether the THC is hemp derived or synthetic. Products that contain no greater than .3% THC are exempt.
• Any product that contains Mitragyna speciosa, commonly known as kratom.
• Any electronic device that delivers nicotine, THC or other substances to the person on inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, vape, or electronic hookah.
• Tobacco and hemp retail shall also mean any person who primarily sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia.
These uses will be allowed in the NC, LC, and CC commercial districts.
Budget Impact:
None at this time
Options:
1. Move to recommend approval of the proposed text amendment (recommended);
2. Remand the proposed text amendment back to staff for further consideration and specific changes;
3. Move to recommend denial of the proposed text amendment.
Recommended Action:
The Professional Planning Staff recommends that the City Council move for Option (1) and recommend approval of the proposed text amendment to the City Council.
Attachments:
City Council Agenda Item Request
Text Amendments
PowerPoint