HomeMy WebLinkAbout2025-03-18 Special Meeeting Packet
Item No. 6.
Planning & Zoning Commission Agenda
Staff Report
Meeting Date: 3/18/2025
Staff Contact: Stephanie Scott-Sims
AGENDA ITEM:
Zoning Ordinance Amendment - Cannabidiol (CBD) Shop and Smoking-Related Shops
SUMMARY:
Amendments to Article 9.04 of the Anna City Code of Ordinances regarding Cannabidiol
(CBD) shops and smoking-related shops land uses.
Upon request by the City Council in furtherance of promoting the public health, safety,
and welfare of the citizens of Anna, City Staff has initiated an amendment to the Zoning
Ordinance regulations pertaining to Cannabidiol (CBD) shops and other smoking-
related shops.
Overview of Proposed Text Amendments
1. Revised Section 9.04.081 Land Use Terms (definitions):
• Expanded and clarified definition of Cannabidiol (CBD) Shop.
• Added new definition for "Cigar Lounge"
• Added new definition for "Cigar Shop"
• Added new definition for "Smoke Shop"
2. Amended Table 19: Land Use Table, to include new terms (above), Use-Specific
Requirements, and Parking Standards:
• Deleted "Hookah Lounge" land use (which is now integrated within the new term,
"Smoke Shop").
• Changed the name "CBD Store" to "CBD Shop".
• Added new "Cigar Lounge" land use. Cigar Lounge land uses are permitted by
right in the Commercial-1 (C-1) and Commercial-2 (C-2) Zoning Districts and as
a Specific Use in the Mixed-Use (MU) and Downtown-Core (DT-CE) Zoning
Districts. Additionally, Use-Specific Standards were added for this land use (see
below). A Parking Standard of 4/1,000 sf was added.
• Added new "Cigar and Smoke Shops" land uses. These land uses are permitted
as a Specific Use in the Commercial-1 (C-1) and Commercial-2 (C-2) Zoning
Districts. Use-Specific Standards have been added (see below). A Parking
Standard of 2.5/1,000 sf was added.
Exhibit A provides a visual representation of the proposed changes to Table 19.
3. Use-Specific Standard:
To prevent the proliferation of CBD and smoking-related shops in proximity to one
another, Use-Specific Standards were added to Table 19. According to the proposed
Use Standards,
• CBD shops, cigar shops, cigar lounges, and smoke shops may not be located
within one thousand (1,000) feet of any existing CBD shop, cigar shop, cigar
lounge, or smoke shop.
To provide an understanding of what a 1,000-foot buffer looks like, Staff prepared
Exhibit B that shows a 1,000-foot buffer around the existing smoking-related shops.
STAFF RECOMMENDATION:
Review and provide a recommendation to City Council.
ATTACHMENTS:
1. EXHIBIT A - REVISED LAND USE TABLE 19
2. EXHIBIT B - 1000 Buffer
3. Smoking Related Shops Ordinance
EXHIBIT A
PROPOSED CHANGES TO LAND USE TABLE 19
Cannabidiol
(CBD) store
shop
S S §9.04.032
(?)
2.5/
1,000
sf
Cigar lounge S S S S § 9.04.032
(p)
4.0/
1,000
sf
Cigar and
Smoke shops
S S § 9.04.032
(p)
2.5/
1,000
sf
Hookah
Lounge
S S 3/
1,000
Additions in Blue
Deletions in strikethrough
EXHIBIT B
1,000 FOOT BUFFER AROUND EXISTING SMOKING-RELATED SHOPS
1
EXHIBIT B
1,000 FOOT BUFFER AROUND EXISTING SMOKING-RELATED SHOPS
2
EXHIBIT B
1,000 FOOT BUFFER AROUND EXISTING SMOKING-RELATED SHOPS
3
EXHIBIT B
1,000 FOOT BUFFER AROUND EXISTING SMOKING-RELATED SHOPS
4
City of Anna, Texas Ordinance No. ___________1
CITY OF ANNA, TEXAS
ORDINANCE NO. ________________
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S ZONING
ORDINANCE REGARDING DEFINITIONS OF USES INVOLVING CANNABIDIOL (CBD)
SHOPS, SMOKE AND CIGAR SHOPS, CIGAR LOUNGES AND OTHER SIMILAR
ESTABLISHMENTS; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW,
WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and
regulations governing zoning in the City, including the regulations set forth in the Anna City Code
of Ordinances Article 9.04; and
WHEREAS, the notices by publication and otherwise as applicable and required under state law
have been given for public hearings before the City of Anna Planning and Zoning Commission
and the City of Anna City Council (“City Council”) and said public hearings have been held as
required by law affording a full and fair hearing to all property owners and generally to all persons
interested in and situated in the affected area and in the vicinity thereof; and
WHEREAS, the City Council has received a final report and recommendation from the City of
Anna Planning and Zoning Commission and has concluded that certain parts of the text of the
Zoning Ordinance of the City should be amended as set forth below in furtherance of promoting
public health, safety, and welfare;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Text Amendment
(a) The Anna City Code of Ordinances (the “Anna Code”) is hereby amended by amending
the text of Article 9.04 of the Anna Code as shown below in this Section 2.
(b) Section 9.04.081(4)(F) of the Anna Code is hereby amended as follows:
City of Anna, Texas Ordinance No. ___________2
(F) Cannabidiol (CBD) shop and smoking-related shops and uses include the
following:
(i) CBD store. A retail store where consumers can purchase Cannabidiol
(CBD) oil. Cannabidiol (CBD) shop. An establishment for which more
than fifty percent (50%) of sales are derived from the retail sale of
products related to or derived from CBD (cannabidiol) oil or hemp. This
includes, but is not limited to, oils, vitamins, supplements, food, personal
care, and garments.
(ii) Cigar lounge. An establishment that may sell food or beverages for on-
site consumption, allows smoking by customers, and is cigar-themed and
focused, as evidenced by the following: (1) clearly states in its name and
marketing that it is a "cigar bar" or "cigar lounge," (2) derives at least
thirty-three (33) percent of its gross revenue from the on-site sale of
cigars and cigar products, (3) maintains an on-site walk-in humidor for
the intent of resale of cigar products; (4) posts outdoor signage notifying
the public that entry will result in exposure to secondhand tobacco
smoke, and (5) provides an independent ventilation system and must be
separated from any adjoining nonsmoking areas by an impermeable wall
and ceiling. For the purposes of this subsection and subsection (iii),
below, “cigar(s)” means a roll of tobacco which is wrapped in leaf
tobacco, or wrapped in a substance that contains tobacco, and which
does not include any separate filter as part of its design. For the
purposes of this subsection and subsection (iii), below, “cigar product(s)”
means products directly associated with cigars, and excludes all types of
cigarettes (tobacco or otherwise), cigarillos, electronic smoking devices,
vapes or vaping liquids, pipes, hookahs (or other shared pipes), or any
smoking products which do not contain tobacco (e.g., those containing
cloves, hemp, or other tobacco analog/substitute). The term "cigar
products" also includes cigar-related accessory items such as cigar
cutters and humidor boxes commonly associated with the smoking of
cigars, but excludes any item designed or marketed for the purpose of
repackaging the contents of any smoking product, including a tobacco
cigar, into another form or device for ignition, aerosolization, other means
of use (e.g., glass pipes which could be used to smoke tobacco removed
from a cigar). Items such as apparel, memorabilia or artwork do not
constitute cigar products.
(iii) Cigar shop. An establishment for which more than ninety percent (90%)
of sales are derived from the retail sale of cigar products in which cigars
are sold, stored, and/or consumed, except that the term “cigar shop”
does not include a cigar lounge.
(iv) Smoke Shop. An establishment that sells tobacco, cigarettes, electronic
cigarettes, vaping products, hookah products, nicotine-enriched products,
and/or associated paraphernalia, products and devices primarily for the
purpose of smoking or vaping in various forms. These establishments
City of Anna, Texas Ordinance No. ___________3
sometimes provide an on-site contained area with a separate ventilation
system for the purpose of smoking within the associated structure.
Smoke shops do not include: (1) establishments engaged in the sale of
tobacco products and/or smoking equipment as an incidental part of a
variety of retail sales such as gas stations, convenience stores, or drug
stores; (2) cigar shops; or (3) cigar lounges.
(c) Section 9.04.081(4)(R) of the Anna Code is hereby amended as follows:
Intentionally deleted (reserved). Hookah lounge. An establishment that sells
products and devices primarily for the purpose of smoking or vaping in various
forms. These establishments sometime provide a contained area with a separate
ventilation system for the purpose of smoking within the associated structure.
(d) Table 19 of § 9.04.028 of the Anna Code is hereby amended to change all instances of
“CBD Store” to “Cannabidiol (CBD) Shop” and to delete the entire row of text that begins
with the words “Hookah Lounge”.
(e) Table 19 of § 9.04.028 of the Anna Code is hereby further amended to add the following
text within new rows to be inserted within the “Commercial” part of said table in
alphabetical order as shown below (the amendment set forth in this subsection does not
delete or alter any of the existing rows, columns, text or other content of said Table 19):
Cannabidiol (CBD)
shop
S S §9.04.032
(p)
2.5/1,000 sf
Cigar Lounge S S S S §9.04.032
(p)
4.0/1,000 sf
Cigar and Smoke
Shops
S S §9.04.032
(p)
2.5/1,000 sf
City of Anna, Texas Ordinance No. ___________4
(f) Section 9.04.032 of the Anna Code is hereby amended by adding a new subsection (p)
as follows:
(p) Cannabidiol (CBD) shop, cigar lounge, cigar shop and smoke shops:
(1) A cannabidiol (CBD) shop, cigar lounge, cigar shop or smoke shop use shall not be
located within one thousand (1,000) feet of any existing cannabidiol (CBD) shop,
cigar lounge, cigar shop or smoke shop.
(2) For the purposes of this subsection (p) the term “existing” as relates to a cannabidiol
(CBD) shop, cigar lounge, cigar shop or a smoke shop means either that:
(A) a special use permit has been approved for the cannabidiol (CBD) shop, cigar
lounge, cigar lounge or smoke shop as applicable; or
(B) a cannabidiol (CBD) shop, cigar lounge, cigar shop or smoke shop is lawfully in
operation without a special use permit.
Section 3. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences,
paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable
and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance
shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality, invalidity or
inapplicability shall not affect any of the remaining words, sentences, paragraphs,
subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have
been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses,
phrases, or provisions. Further, all ordinances or parts of ordinances in force when the
provisions of this ordinance become effective that are consistent and do not conflict with the
terms and provisions of this ordinance are hereby ratified to the extent of such consistency
and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of
this ordinance become effective that are inconsistent or in conflict with the terms and
provisions contained in this ordinance are hereby repealed only to the extent of any such
conflict.
Section 4. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a Class C misdemeanor. Any person convicted of any such
violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each
day a violation exists is considered a separate offense and will be punished separately.
Section 5. Publication of the Caption and Effective Date
City of Anna, Texas Ordinance No. ___________5
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor,
and posting and/or publication, if required by law, of its caption. The City Secretary is hereby
authorized and directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this ____ day of _______________ 2025.
ATTESTED: APPROVED:
________________________________ _________________________
Carrie L. Land, City Secretary Pete Cain, Mayor=
Item No. 7.
Planning & Zoning Commission Agenda
Staff Report
Meeting Date: 3/18/2025
Staff Contact: Stephanie Scott-Sims
AGENDA ITEM:
Anna 2050 Comprehensive Plan Update
SUMMARY:
On April 27, 2021, the City Council adopted the Anna 2050 Comprehensive Plan. At the
time of adoption, the City was undergoing unprecedented growth. However, that growth
had been relatively concentrated within the central section of Anna (the area generally
located between U.S. 75 and Powell Parkway (Hwy 5). As a result, the Future Land Use
Plan, adopted as part of the Anna 2050 Comprehensive Plan, generally focused on
determining desired land uses within these fast-developing areas. Less focus was
placed on the unincorporated areas (Extraterritorial Jurisdiction or ETJ) as they were
not predicted to develop within the foreseeable future due to their distance away from
the City's growth centers and their inaccessibility to public utilities. At the time, the Anna
decision makers believed that categorizing these areas as Ranching & Agriculture and
Rural Living in the Future Land Use Plan reflected the likely development patterns in
these areas.
However, around and shortly after the adoption of the Anna 2050 Comprehensive Plan,
several actions would set in motion changes in the ETJ. A wave of development on the
western edges of the city and ETJ (west of U.S. 75) would begin with the approval of
the Hurricaine Creek mixed-use development in 2021. Also, in 2023, the City purchased
property in the far southwest section of the ETJ for the site of a planned wastewater
treatment plant to serve a large swath of the western half of the ETJ. And, in 2024, the
780± acre mixed-use Liberty Hills development was approved. These projects would not
only bring suburban-style development to the ETJ, but also the ability to extend public
utilities and infrastructure to the area, making it more attractive to development.
Faced with strong development pressure west of U.S. 75, the City Council decided that
it was time to revisit the Future Land Use Plan. The Council was faced with an important
question - whether the Ranching & Agriculture and Rural Living designations of property
within the ETJ were still appropriate. Additionally, after several years of implementing
the Anna 2050 Comprehensive Plan, the Council, Planning & Zoning Commission, and
Staff recognized the need to make other minor updates to the Plan. In fall 2024,
Council requested Staff to lead a comprehensive plan review and update, with a focus
on the Future Land Use Plan and the future land use PlaceTypes. In August 2024, Staff
engaged Kimley-Horn, the original Anna 2050 consultant team, to facilitate the update.
After several joint work sessions with the Planning & Zoning Commission and City
Council, and a public outreach campaign, the draft Anna 2050 Comprehensive Plan
Update is before the Planning & Zoning Commission for a formal review and
recommendation to the City Council.
STAFF RECOMMENDATION:
For review and recommendation to the City Council.
ATTACHMENTS:
1. Anna 2050 Update - Memorandum to PZ - FINAL v3 3-13-25
2. Anna 2050 Comprehensive Plan Update - P&Z Public Hearing Presentation
kimley-horn.com 2600 North Central Expressway, Suite 400, Richardson, TX 75080 214 617 0535
MEMORANDUM
To: Anna Planning & Zoning Commission
From: Mark Bowers, ASLA, AICP, LEED AP BD+C
Vice President, Kimley-Horn and Associates, Inc.
Date: March 18, 2025
Subject: Anna 2050 Comprehensive Plan Update
Anna 2050 is a plan that guides public decisions and investments, private development, and
community projects in Anna through the year 2050. Adopted on April 27, 2021, the Anna 2050 plan
consists of three interconnected plans—a Comprehensive Plan, a Downtown Master Plan and a
Parks, Trails and Open Space Master Plan that work together to make Anna a unique and
sustainable community for the future. For the scope of this memo, “the Plan” refers to the
Comprehensive Plan only.
When the Anna 2050 Plan was adopted in 2021, the North Central Texas Council of Governments
(NCTCOG) estimated Anna’s population to be 17,460. By January 2024 NCTCOG estimated that
Anna’s population had increased to 27,823, a 59% increase since the plan was put in place.
Furthermore, the City began experiencing significant development activity as many of the areas
identified in the 2050 Future Land Use Plan within the Comprehensive Plan were being developed or
entitled.
Over the past four years of implementing the Comprehensive Plan, City Staff, the Planning & Zoning
Commission, and City Council recognized the need to make adjustments to the land use provisions of
the Comprehensive Plan to better reflect the City’s evolving needs. At the City Council’s direction,
Staff began the process of updating the Comprehensive Plan, engaging Kimley Horn as the
consulting team to facilitate the update process, with the City Council and Planning & Zoning
Commission collaborating as a joint committee to provide strategic direction.
The joint committee’s initial direction included:
▪ Reducing the number of PlaceTypes to minimize confusion in administering the Plan.
▪ Combining similar PlaceTypes where there is overlap, or where differences are subtle.
▪ Focusing on combining several of the residential PlaceTypes due to overlap.
▪ Eliminating the Preferred Scenario from the Comprehensive Plan document and replace it within
updated Future Land Use Plan that focuses beyond the year 2050 to reflect a preferred future
build-out condition.
Page 2
kimley-horn.com 2600 North Central Expressway, Suite 400, Richardson, TX 75080 214 617 0535
▪ Updating the Future Land Use Plan to reflect changes that have occurred in the community since
the previous plan was adopted.
This preliminary direction of the Plan Update was developed during three joint work sessions with the
City Council and Planning & Zoning Commission joint committee. Once consensus was developed
among those leaders on a preliminary direction for the plan refinements, the community input process
began. As with the original Anna 2050 Comprehensive Plan, community input was important to the
Anna 2050 Plan Update process. Anna’s Neighbors were engaged through an online survey,
interactive map, and a community open house to provide comments regarding changes that they
would like to see to the plan. That engagement process included more than 430 touchpoints with
Anna’s Neighbors. A summary of the comments from Anna’s Neighbors were presented to the joint
committee at a final work session, and the consultant team then incorporated final feedback and
direction from that work session into the draft plans being presented. This process has resulted in a
plan update that achieves the initial goals established by the City Council and Planning & Zoning
Commission while maintaining alignment with the community’s goals and aspirations established in
the original Anna 2050 planning process.
The Anna 2050 Plan Updates are focused within Chapters 01 – Introduction, 02 – Strategic
Direction and 03 – Land Use. The updated text, data and images will be highlighted within the
original Comprehensive Plan report to assist the reader in easily identifying changes that occurred
during this update process.
The Anna 2050 Plan Updates are now ready for final discussion and action by City leaders. The
Planning & Zoning Commission public hearing on March 18th will allow Anna’s Neighbors another
opportunity to provide feedback on the plan and for the Commission to consider making a
recommendation to City Council. The final public hearing before the Anna City Council is scheduled
for March 25th in the City Council Chambers. At that time, Anna’s Neighbors will have an additional
opportunity to provide feedback on the draft plans prior to the City Council’s consideration for
adoption.
Anna 2050 Comprehensive Plan Update
Planning and Zoning
Commission
Public Hearing
March 18, 2025
Project Background / Objectives
Overview of Community Engagement Activities
Plan Updates
Public Hearing
Agenda
Update
Project Background / Objectives
A comprehensive plan is a document that states a
community’s desired vision for the future.
It consists of a single plan or coordinated set of plans
organized by subject, geographic area or strategy but
with each aspect inter-related with the others.
It includes but is not limited to provisions for future
land use, transportation and public facilities.
While a comprehensive plan states the community’s
vision for the future, it does not constitute zoning
regulations or establish zoning district boundaries.
What is a Comprehensive Plan?
Strategic Direction
Future Land Use Strategy
Economic Strategy
Housing Strategy
Mobility Strategy
Placemaking Strategy
Parks, Trails and Open Space Plan (Summary)
Downtown Plan (Summary)
Implementation Strategy
Appendices
2050 Comprehensive Plan Content
(Bold/Italics Indicate Updated Chapters)
PlaceTypes
Reduce number of PlaceTypes to minimize
confusion in administering the Comprehensive Plan
Combine similar PlaceTypes where there is overlap,
or differences are subtle
Focus on combining several of the residential
PlaceTypes which seem to have a lot of overlap
Comprehensive Plan Update Objectives
(From Council and P&Z)
Future Land Use Plan
Eliminated the Preferred Scenario from the
Comprehensive Plan Document
Replace the Preferred Scenario with an updated
Future Land Use Plan, and focus beyond the year
2050 to reflect a preferred future build-out condition
Update the Future Land Use Plan to reflect changes
that have occurred in the community since the
previous plan was adopted
Comprehensive Plan Update Objectives
(From Council and P&Z)
Comprehensive Plan Update Schedule
Joint Workshop #1 –Council and P&Z provided feedback
on issues needing to be addressed with the plan update
Joint Workshop #2 –Council and P&Z provided direction
for the consultant to prepare preliminary updates to the
PlaceTypes and Future Land Use Plan
Joint Feedback Session #1 –Council and P&Z reviewed
the preliminary updates and provided direction for
refinements that needed to be made prior to stakeholder
input
Stakeholder input was received in an open house and an
online survey from February 4 –February 14
Joint Feedback Session #2 –Council and P&Z reviewed
the feedback received from Anna’s Neighbors and
provided the consultant with additional refinements to be
made to further align the updated PlaceTypes and Future
Land Use Plan with that feedback
Comprehensive Plan Update Process
Update
Overview of Community
Engagement Activities
Community feedback was facilitated regarding the
Draft PlaceTypes and Draft Future Land Use Plan in
early February
More than 430 touchpoints occurred with Anna’s
Neighbors from February 4 –February 14, 2025
Opportunities for feedback were advertised through:
Project Website:
https://engagekh.mysocialpinpoint.com/annacompplanupdate
QR Code & Direct Link: Shared at the Community Open House
Public Outreach: Promoted through events, mailing lists, and social
media
Community Engagement Overview
An Open House was
conducted on February 6,
2025, at Sue Evelyn Rattan
Elementary from 6:00 P.M.
–8:00 P.M.
The format consisted of 19
boards at different stations
The event was come-and-
go, allowing participants to
spend as much time as
they desired at the different
stations
Open House Overview
An Online Survey was available to Anna’s
Neighbors from February 4 –14
The format mirrored the Open House stations
Survey demographics:
98.87% (349) respondents live in Anna
18.7% (66) respondents work in Anna; 81.3% (287)
work elsewhere
43.52% (151) respondents identified as male; 56.48%
(196) identify as female
Average respondent age: 47 years old
Online Survey Overview
Update
Plan Updates
Rural Living
Estate Residential
Suburban Living
Compact Residential
Urban Living
Community Commercial
Regional Activity Center
Downtown
Employment Mix
Manufacturing & Warehouse
Anna2050 Future Land Use Plan (2025)
Update
Public Hearing
Anna 2050 Comprehensive Plan Update
Planning and Zoning
Commission
Public Hearing
March 18, 2025