Conditional use permits could be required for 'alternative wellness' shops

Apr. 25—WEATHERFORD — The timeline for when — or if — cannabis becomes legalized in Texas remains up in the air.

Weatherford city council members however are poised to get ahead of it after discussion of potentially requiring conditional use permits for businesses selling "alternative wellness" products within the city's commercial zoning district.

"This is preemptive, as cannabis is not currently legal, but being ahead of the curve so if it ever is legalized, our ordinances will already be in place," Director of Development and Neighborhood Services Kaleb Kentner told the council Tuesday night.

Under the proposed amendment to the Title XII zoning ordinance, establishments that have 25% or more total floor space for items like E-cigarettes, CBD, hemp, cannabis and/or related products and accessories would be required to obtain a CUP. Additionally, new businesses selling alternative wellness products would be limited from operating within a two-mile radius of existing businesses selling similar products.

Kentner said currently 15 fall under this category.

"My concern, and I'm firm in this feeling ... is it's an easy transition from a 'wellness product' to [cannabis], and I'm completely uncomfortable with that in our community," Mayor Paul Paschall said. "Leadership is about thinking ahead of where we're going to be."

Paschall suggested lowering the percentage — the smaller, the more stringent — as far down as 10 to 15%.

"That's much more my comfort zone but this is still a 75% improvement than today," he said.

Councilman Zack Smith questioned why the percentage was tied to footage as opposed to gross sales, similar to the 51% rule that applies to alcoholic beverage retailers.

Kentner said the enforcement mechanism becomes difficult in that situation, with businesses in charge of submitting financials and other information that would then be checked by city staff, similar to an audit. With the square footage requirement, a code enforcement officer would simply have to walk in and take measurements.

"I have a problem with that because I believe it's a privacy issue," Wilder said of the gross sales. "If they're competing with other stores, I'd have a problem submitting any financial information to the city if you're a private business owner.

"I think the way you have it is the way to go."

Resident Richard Heizer, speaking during the public hearing on the item, urged the council to consider a smaller number than 25%.

To a question by councilman Matt Ticzkus, Kentner said current businesses were notified of the public hearing Tuesday, adding that many of them showed up to the previous planning and zoning meeting where the amendment was unanimously recommended by the commission.

"Those present did support the amendment," he said.

The council took no action Tuesday, tabling the item to the May 14 meeting to give staff time to answer questions and take considerations in.

In other business: — Resident Don Chrestman expressed concern for the collision factor on Interstate 20 near the Santa Fe exit, imploring the council to get law enforcement involved in enforcing the speed limit to slow down traffic before hitting that area. — Jeff Oakes, founder of Love Weatherford, said the group now has 3,000 members and has picked up 22 tons of trash in the city. He added they plan to plant 1,000 lbs. of wildflower seeds in the fall in the places they've picked up trash. — Resident Julie Ebelherr issued a plea for increased funding and expansion of the animal shelter.

She said the shelter has 100 kennels, of which 46 are adoptable dogs, and that the euthanasia list keeps growing, with dogs having to be kept where the public cannot see them and where most volunteers cannot take them out.

Other issues include hot kennels, leaks and broken gates.

"The more people, the more taxes, more money should be funneled for those living beings," she said. "These animals have been waiting a long time for change.

"As volunteers, we are told we are the heart of the shelter. We love them, we play with them, we sit with them in their kennels, and we also cry when they're taken from us due to human failure."

Resident Jane Smith also addressed council on concerns over the shelter, reading a guest column published in the Weatherford Democrat titled, "A plea from an animal shelter volunteer."

In action taken, the council: — Approved the reappointment of Zack Smith to the municipal utility board as a representative of city council. — Approved appointment of Austin Haye to the Weatherford Housing Authority, taking the seat vacated by Luke Williams who will joining the city council in place of Kevin Cleveland. — Heard from Director of Communication Amy Borders on upcoming events, including Food Park Lounge Night at Heritage held every other Tuesday, the Second Saturday Market on York Avenue May 11 and the Peach Festival scheduled for July 13.

Borders also noted city of Weatherford members recently returned from the Travel Texas Expo in Abilene, and that a new mural, done by artist Calina Mishay, was completed on the side of Whistle Hill's Downtown Cafe.