Commission opens public hearing on beer-and-cigarette market text amendment, preserves spacing rule but votes to defer formal action one meeting

The Planning Commission held a public hearing on a proposed text amendment that would regulate beer-and-cigarette markets (including vape shops) by imposing spacing and proximity limitations and new signage and lighting rules. Planning staff urged disapproval of the bill as filed and recommended approval of a substitute ordinance that keeps a spacing limit to limit over-concentration (1,320 linear feet between like uses) but removes a proposed 100-foot buffer from residential units and exempts downtown zones from the spacing rule.

Staff said the bill as filed lacked clear whereas statements and could function as a de facto prohibition in some commercial corridors, especially the urban core. The substitute aims to strike a balance: limit clustering while avoiding large swaths of commercial corridors being rendered unusable for the use. The original bill also referenced distance rules from churches, schools and parks; staff suggested keeping those protections while removing the 100-foot residential prohibition because many commercial parcels abut residential parcels within corridor areas.

Several council members and the planning director discussed timing and whether the commission should suspend its usual two-meeting deferral rule to allow a prompt recommendation to Metro Council. After debate, the commission voted to suspend its rules so it could hold a one-meeting deferral (instead of the normal two-meeting requirement) and agreed to continue the matter to the next meeting; the substitute remains staff'recommended and will be considered again following the one-meeting delay and continued outreach.

The text amendment will next return to the commission, then to Metro Council where a public hearing is expected; the substitute retains provisions on signage and lighting from the original filing.