CLARKSVILLE, TN (CLARKSVILLE NOW) – The Regional Planning Commission has been working the past two months on a proposed ordinance that restricts future smoke and vape shops, and their distance to schools, churches and parks. Now, after the RPC recommended approval, the proposed ordinance will go to the Clarksville City Council for consideration.
RPC Director Jeff Tyndall said at Tuesday’s RPC meeting, the commission has been building the proposed ordinance over the last couple of months, working to define vape shops, smoke shops and tobacco shops, because there is no current definition for any of these businesses.
“We currently don’t have a definition of what those are,” Tyndall said. “We modeled this ordinance very similar to the liquor store ordinance, where there is a distance for shops that sell more than 25% of their merchandise area as vape, tobacco or the paraphernalia contained therein.”
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Tyndall said the smoke shop ordinance differs from how they handled liquor stores, due to existing state law. State law says stores selling smoke and vape products, especially those containing THC and CBD derivatives, should be 1,000 feet from schools, parks and churches. “So, we are matching state law.”
Tyndall introduced a map that shows C-5 zoning in blue. Under the new rules, that would be the only zoning that allows smoke shops. Areas in green are buffers for schools, parks and churches. Areas in yellow are the smoke shop 1,500-foot buffers. Smoke shops also have to be at least 1,500 feet from one another.
As the map illustrates, most smoke shops, particularly along Fort Campbell Boulevard, would be in violation of the new rules. However, existing businesses would be grandfathered in.
“There’s two things going on; it’s to keep it (smoke shops) away from those parks, churches and schools, as well as avoid overconcentration,” Tyndall said. “You can definitely see some areas of concentration – Fort Campbell Boulevard, Madison Street, Wilma Rudolph Boulevard for instance.
“If one of these (existing shops) should move in the future, they would have to move to one of those more compliant areas.” Tyndall said the vape shop ordinance also requires the RPC to update a couple of additional definitions, including for cigar bars in Clarksville.
Proposed update of site plan requirements
Separate from the smoke shops issue, attached to the ordinance is a second section dealing with updating requirements for all future site plans.
“The staff has had some issues this year with some small projects that have come in and are being built after the fact,” Tyndall said. “As the use changes, it doesn’t always trigger a site plan. And we’re always looking at making sure we have a safe site to operate and that the traffic and access works properly.”
Tyndall said the RPC updated the site plan requirements for more minor site changes. “Should a development be affecting vehicular circulation on the site, access, drive-thru facilities, landscaping, greenspace and other site improvements, a site plan would be triggered. We went a little further and defined what a minor level review is (too).”
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Street Department director: Why they weren’t involved?
Street Department Director David Smith spoke out against the section in regard to minor site changes. He said his department should have been involved in bringing the section forward.
“Asking folks, and that’s what this does, to come into full compliance with the zoning code, for a minor remodel, is fiscally not achievable for small business. It’s going to drive prices up, it’s going to lead to more vacancies,” he said. “I’m against this; I don’t think this is good.”
Smith said he’s heard a lot from the development community on the issue, and he was asked why the proposal was brought forth quietly.
“We’re writing the zoning code; how many public meetings have we had on the zoning code?” he asked. “How many times has the Planning Commission staff met with the different members from different departments. Several, but not this time. I was told it was none of my business, it didn’t involve the Street Department.
“I think sidewalks and access directly involve the Street Department, and I think we should be at the table. I think the development community should be at the table deciding what’s best, and I think compromise can be achieved.”
Smith said the section referring to site plan procedures should be deferred.
Question split, what’s next
The Planning Commission decided to divide the ordinance. The portion dealing with smoke shops passed unanimously, and it will now head to the City Council on Thursday for consideration.
The commission voted unanimously to defer the section dealing with minor site plan changes for 30 days.
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