Cleveland City Council took its first formal step toward regulating vape and tobacco retailers July 21, directing staff to begin drafting zoning changes while also exploring whether a temporary moratorium on new vape shop permits is legally possible.
The discussion, one of the longest of the city council meeting, comes as city officials seek ways to address the growing number of vape shops within the city while balancing the rights of existing businesses and future development. City staff said there are currently nine dedicated vape or tobacco retailers operating in Cleveland, not including convenience stores and grocery stores that also sell tobacco products.
Community and Economic Development Director Emilio Levario presented several regulatory options available to the city, including zoning changes that could establish minimum distances between vape shops and schools, churches, parks, libraries, day cares and residential neighborhoods. Other possible regulations include limiting hours of operation, restricting outdoor displays and creating minimum separation requirements between vape shops.
City Attorney Charles Williams told council that using the city’s zoning ordinance would provide the strongest legal foundation for regulating the businesses because state law already governs tobacco sales and licensing.
Council members also discussed whether the city could temporarily halt the approval of new vape shop permits while new regulations are developed.
Councilwoman Dr. Tonya Clark asked whether a moratorium could be enacted to prevent additional vape shops from opening before new rules take effect.
Levario said staff had not yet researched that option but would consult with the city’s legal counsel. Williams said state law does provide a legal process for establishing certain development moratoriums, although additional research would be necessary to determine whether one could apply in this situation.
Mayor Danny Lee said he believes it is time for the city to move forward.
“If we’re going to go through with this, we need to go ahead and do it,” Lee said, noting the issue has been discussed for several years. “We can’t do it on social media. You need to have people that come in on these hearings. We work for the taxpayers. I have no use for a vape shop. That’s just my opinion personally.”
Council ultimately directed staff to begin preparing zoning ordinance amendments and to seek legal guidance regarding the possibility of a temporary moratorium. Any proposed ordinance would require public hearings before both the Planning and Zoning Commission and the City Council before it could be adopted. No ordinance was approved during the meeting.
Lee also encouraged residents to participate in the public hearing process once it begins.
“I want to hear from the parents,” he said. “Give us some direction, so let’s get the ball rolling on this.”
Residents plead for help keeping oncology clinic open
Earlier in the meeting, several residents urged city leaders to support efforts to prevent the planned closure of the Texas Oncology clinic in Cleveland.
Judith Redmond told council the clinic serves more than 1,000 patients from Liberty, San Jacinto, Polk and surrounding counties. She said closing the facility would require many patients to travel to Kingwood for treatments, creating an enormous burden for those already battling serious illnesses.
Another resident, Cheryl Roth, asked the city to send a formal letter urging Texas Oncology to keep the Cleveland clinic open or work with another provider to continue oncology services locally.
Although council could not take action because the issue was not on the agenda, Lee spoke as a fellow resident, saying his wife is also a patient at the clinic.
“My wife is a patient at Texas Oncology, and everything these ladies are saying is true,” Lee said. “Whatever I can do … it’s just not a good thing.”
Former Dairy Queen redevelopment approved
Following nearly 20 minutes of discussion, council voted 6-1 to approve a site-specific drainage variance for the proposed redevelopment of the former Dairy Queen property at 515 S. Washington Ave.
The developer plans to demolish the aging restaurant and prepare the approximately 1.29-acre property for two future retail pad sites, along with new utility infrastructure, shared driveways and a regional detention pond.
The variance was requested because the developer’s engineer used a different methodology to calculate the size of the detention pond than the Liberty County drainage manual currently adopted by the city. City staff and the city’s consulting engineer said the alternative approach would allow for a smaller detention pond while remaining appropriate for the property’s existing commercial development and well-defined drainage channel.
Council members questioned whether approving the variance could create a precedent for future developments and whether the smaller detention pond could increase flooding for neighboring properties.
Blake Behringer, a consulting engineer with Bleyl Engineering, emphasized the request was unique to the site and should not be interpreted as a change in city policy.
“This is a very site-specific instance that this variance should be considered,” Behringer said. “This is in no way, shape or form saying that this methodology is going to be accepted across the board for every developer that ever comes through Cleveland.”
After engineers assured council the project would not worsen drainage conditions for surrounding properties and would actually provide detention where none currently exists, the variance was approved by a 6-1 vote.
During the discussion, both staff and engineers encouraged the city to begin developing its own drainage criteria rather than continuing to rely on Liberty County’s drainage manual, saying locally tailored standards would better address redevelopment projects within the city’s older commercial areas.
Other business
Council also:
- Approved the Timber Junction Use Policy governing public use of the library’s technology and meeting space.
- Renewed the city’s agreement with the Texas A&M Forest Service to continue housing a wildfire dozer crew in Cleveland.
- Approved a letter supporting continued funding for the Liberty County Precinct 6 Constable’s Office, citing the agency’s longstanding partnership with the city on public safety and community events.
- Approved an infrastructure maintenance agreement for Section 9 of Grand Oaks Reserve.
- Approved an amendment to a grant administration contract to assist with easement acquisition for the Tanglewood drainage improvement project.
- Received an update on a General Land Office mitigation grant for lift station generators and directed staff to pursue adding two additional generator sites if approved by the GLO.
- Approved six grant project budgets totaling more than $7.8 million for wastewater, water, drainage and generator improvement projects.
- Appointed Josh Good to the city’s Zoning Board of Adjustment.