Zoning Commission - Regular Meeting

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will call the meeting to order. Will everybody rise for the pledge allegiance to the flag? I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Good evening everybody. Okay. Has everybody got a chance to read the minutes for March the 5th? Yes. I'll make a motion to approve the minutes as submitted. I'll second. Mr. Wilker with the motion. And uh Mr. Kangro with the second. Is that correct? That's correct. Roll call.

Mr. Waler. I Mr. Kangro. I Mr. Ford I. Mr. McAdams. I Mr. Jen. Hi. Motion carries. Okay. Uh, can we have the first case, please?

Yes, sir. First case this evening is case 226A. This is an application for conditional use submitted by Scott Miller, certified cultivators 1 LLC, 1654 Springfield Street, Dayton, Ohio, uh for a property located at 559 State Route 125. Uh the subject property is currently zoned PD Plan Development. uh located at the uh accessed off of Williams Drive approximately 200 ft southeast of the intersection of 125 and Williams Drive on partial 413216B is in boy 133. Background investigation. The existing PD designation and formal plan that governs the approval and land use on this property was established in zoning case 286Z. site is now vacant after hosting a former dining in and carry out restaurant for many years prior to the regional closure of that specific restaurant brand due to financial insolveny. The applicant has submitted a minor amendment to alter the proposed restaurant use to retail with no physical changes to the building structure or site consisting with the uh consistent with the requirements of the adopted PD district regulations. Notwithstanding that, the applicant seeks to redevelop the parcel into for the express purposes of operating and converting the property into a dual-use adult recreational medical cannabis dispensary. The applicant asserts the proposed business would be licensed by the Ohio Division of Cannabis Control and operated in conformity with all statemandated rules and regulations regarding dual use dispensaries at EV as evidenced via the submitted application and supporting documents. The use is conditionally permitted within the PD district subject to BCA ratification in that through the conditional use process as per the recently amended provisions of the zoning resolution established in article 6 section 662.3 adopted in March of 2026. Uh I won't belabor too much of the uh

legislative history discussion but basically previously there was a cap of two it has been raised to four. There were other uh revisions related to uh the various um various uh places where these uses can be conducted. As I indicated previously, the applicant has indicated in the proposal uh that the dispensary would be state licensed with the Ohio Division of Cannabis Control. Um and in addition to state state regulations and lensure requirements, the applicant state of the proposed dual use dispense will comply with provisions of 662.3 as recently amended. Uh with regard to the requirements established in subsections A through L and I will walk through those. Uh, notwithstanding those provisions, the applicant has requested the BCA consider a variance in relief to allow hours of operation beyond 9:00 p.m. as stated in the regulations with proposed hours extending to 10:45 p.m. which is in the discretion of the BCA to uh either grant that variance or not grant that variance. Uh, in our review of the application, uh, we find the following. Pursuant to section 662.3A, the use is situated more than 500 feet from all uses set forth in that subsection. 662.3B, the use is situated more than 100 ft from any adjacent residential use or zone. The uh 60 606 62.3 C adequate screening and buffer exists already on the site as it is already developed and will not result in any additional construction activities. Item subsection D. The applicant has stated that he will comply with the hours of operations and li limitations established unless the BCA grants favorable consideration to a request to extend hours per my prior comment. That is subject to the board's discretion.

Uh 3E subsection. All newly installed lighting has to meet or exceed the requirements. Article 14 basically downward directed dark sky compliant low glare fixtures. Article uh 662.3F, the applicant has to affirmatively participate in a joint economic development district which shall include the execution and petition and other documents uh pursuant to that section. The applicant is searched and will be required to make a one time impact fee payment the amount of $50,000 at the time of permitting pursuant to this section. H and I are not applicable as this is not an existing dispensary and J through L if we look at those the application meets these requirements. Additionally the board is uh empowered to provide additional safeguards as part of their review process. Uh specifically, staff recommends uh that the board establish additional requirements regarding the execution of a community benefits agreement to be negotiated with the township and a review of the proposal indicates that the proposed application generally complies with the provisions of section 440 through 445 of the zoning resolution and there are some findings in there for the board's consideration and review. It is a permissible use in the PD district. It's not incompatible with land use plan recommendations for the Ohio Pike corridor. It will adaptively reutilize an existing defunct restaurant building, eliminating blighting influences, vacancy along the corridor. It does not appear to operate in a manner that is hazardous or injurious to adjacent uses because of the heavy commercialized area. It appears to be adequately served by public utilities. It is anticipated to operate in a sim similar manner to existing permitted retail cannabis dispensaries which operate with no issues. Ample stacking is provided on the site due to the large property area. Uh there is one additional recommendation about some additional landscaping enhancements to be replaced on the site. The site suffered a little bit of a decline with the vacancy of the

former restaurant. Just need to get that upgraded to meet current standards commensurate if it is approved to operate at that location. The board's action this evening is to either approve as submitted, approve with additional modifications or deny this conditional use application as presented in Union Township zoning case 226A. And there are, I believe, four recommended additional conditions dealing with, uh, the specific requirements to execute Jed paperwork, uh, joint economic development district paperwork, community benefits agreement with the township, the impact fee, and a lighting audit of the site to make sure that they are compliant with article 14. That concludes my report.

Okay. Any questions of the board yet? No. Is there anybody here to speak in favor of this proposal? Step up to the mic one at a time. Sure. State your name. Spell your last name. Good evening board. Scott Miller. M I L L E R. And your address. 849 Lincoln Woods Court, Ohio. Phone number. 9372391701. Raise your right hand. You solemnly swear the testimony you're about to give is the truth, the whole truth, and nothing but the truth. So, help you God. I do. Go ahead.

Good evening, board. Um, Scott Miller with Certified Cultivators. I'm the vice president uh mainly dealing with compliance and regulatory matters. Very excited to be have the opportunity to come to Union Township um now that the township is allowing four dual use dispensaries. We are um a level one cultivator processor and have four dispensaries operating in Ohio currently. Um we have approximately 300 employees on our team. We started with three back in 2017. So we've um we've been with the the Ohio cannabis um regulatory scheme and part of the vision of cannabis control since uh it started. Um we're we're excited to be here with Union Township. We're happy to comply with all of the conditions that are listed. Um, and defer to you if you have any questions.

Any questions of the board? I have one. Why do you want to stay open to 10:45? So, we've um we we have drive-throughs at our other locations and approximately 30 to 40% of our business is being driven by the drive-throughs, especially we close the in store at 9:00 and allow the drive-thru from 9:00 to 10:45 and it's it stays customers are coming the whole time. Where are your other uh locations?

We have one in South Uklid, which is Cleveland. We have one in uh Columbus. Silver Drive just north of the old Crew Stadium on 71. We have one in Springfield, Ohio, Dayton, and um we're working on one in Miami Township, South Dayton, and then here. Okay. Thank you. Any other questions? Would you be amanable to staying up until midnight? Uh no, we can only stay up till 11 per state code. And the state actually DC is The OC says we can stay open till 11:00, but DCC's told us only 10:45 with our drive-through. So that's why it's 10:45.

Do they do they dictate a a start time like an open? 7 a.m. is the earliest. We open at 9:00 because we do um our team gets in there about 7 at all our locations. They do daily inventory audits, prepare for the day. Any other questions? Okay. Is there anybody else that wants to speak in favor of this proposal?

State your name. Spell your last name. Uh Zachary Weeper. Uh W E is in Edward. P is in Paul. R is in Ryan. I is in Indigo. N is in Nancy. And your address? Uh 277 Stewart Avenue, Columbus, Ohio 43206. phone number uh 937-6810238. Raise your right hand. You solemnly swear the testimony you're about to give is the truth, the whole truth, nothing but the truth. So help you got Yes, sir. Go ahead.

Um just here to kind of reiterate everything that Scott Miller mentioned. Um I'm the president of Certified Cultivators. Um I started this company with Scott and my father. Um like you mentioned, we've been operating in the estate regulated market since early 2020. Uh we have 300 employees across the state. Um extremely grateful for the opportunity to operate this type of business inside um Ohio. Um when I was uh when I was uh 8 years old, my mom passed away with breast cancer. When I was 12 years old, I was diagnosed with Crohn's disease. Um I've uh been learning how to deal with that my entire life. And I'm a big proponent of cannabis and the ability to use that for the mental and physical um things that come with dealing with those things in life. So um just grateful to be an entrepreneur in the cannabis community in Ohio and being able to build business uh around that. So um just um I I spent uh the first decade of my career building a restaurant company across the state uh which I started in downtown Cincinnati. It's a fast casual sushi restaurant called Fusion. Uh so I've been an entrepreneur for for almost 15 years in my career. Um it's been a wonderful journey. We're operating in the cannabis space and being a part of uh the legal change across the state. um from medical to adult use um and working with uh local partnering and working with local townships like yourselves um as we've been continuing to um open and operate these businesses whether it's our wholesale operation based in Dayton or our retail sts uh retail stores across the state and happy to help uh answer any other questions as well.

Any questions for the board? Okay. Is there anybody else to speak in favor? Thank you guys. You're welcome. Have a seat. Is there anybody else to speak in favor of this proposal? Hearing none, is there anybody to speak in opposition to this proposal? Step one up.

State your name. Spell your last name. Ralph Brinkman. B R I N K M A N. Your address? 3995 Williams Drive. Subject me. Okay. And your phone number? 5135350584. Okay. Raise your right hand. You solemnly swear the testimony you're about to give is the truth. The whole truth and nothing but the truth to help you God. Yes, I do. Okay. Go ahead.

Um my wife and I have been living on this Williams Drive for 42 years. We've gone through drug houses, um, flooding. I know this something new, but at that we have that in my mind. You know, all this stuff, as far as I know, there's a dispensary less than a quarter mile away down on Mount Carmel Tabasco Road, straight, you know, straight across from Williams Drive. I believe there's one down by St. Vincent's uh grade school. Um so I don't know why another one would have to be in so close of a vicinity. Um we didn't realize it was where the old restaurant was. We the notice we got I would I probably could have got some more people off of our street. We just came in to see where it was. It just said east of Williams Drive. We're looking all around 275. We didn't know it was on Williams Drive. Um, but there's young kids now on the street. new families and there are already concerns about going for a walk in in that direction because there's um the inn has attracted apparently somebody that's got a record shouldn't be around children and he's in that inn right now as far as I know. Um, I feel another restaurant, a food place, something that would make Williams Drive more appealing than I don't know anything about dispensaries. I don't know what kind of people it attracts. Um, I've already got

cameras. Well, I have cameras on my house and I have people and we know this person lives up in the end. Some lady you I know what she looks like coming up to my house and waving at my house or my cameras like she's on drugs. Uh I've caught her down in I got a little bit of a wood line on the other side of my creek and I've caught her down in there more than once and and she's on something. I don't know. And I'm afraid what's going to happen is you put a a dispensary there. You're going to have more walk-in traffic and and other I'm not really worried about because I know the FR has had traffic, but you're going to have people going in there. You know, we get people walk from Hopper Hill. You I don't know what it's going to attract. And that's, you know, it it's kind of got my concern up as far as that goes. And then when the hours were mentioned, it I consider it a residential street and we've we've dealt with people hanging out on the corner years ago and that's all gone now. I and as far as I know, there's no drug uh houses being used for drugs. I mean, the township or somebody got rid of the one house that was the main thing with that. Um, but that like I said, I don't really know anything about the dispensary and I didn't know it was going to be right there and I'm just concerned about the young families that are moving in there that they may not have known it was going to go there. So, they might have had a complaint about it. So, um, I believe that's all I have at the time. And, um, but like I said, there was another one quarter mile down the road. So, Why? Why did we need another one?

Any any questions from the board or any statements? Okay. Thank you very much. Thanks. Have a seat. Is there anybody else to speak in opposition to this proposal? Step on. Did you fill out one of the papers? Okay. State your name. Spell your last name. Susan Brinkman. B R I N K M A N. Your address 3995 Williams Drive. Phone number 5135350582. Raise your right hand. You solemnly swear the testimony you're about to give is the truth, the whole truth and nothing but the truth. So help you God. I do. Go ahead.

I worry about the traffic. Um being a small street and going right on to to 125 beach. Um, and being across from Mount Kabasco, I you all probably know that intersection. It's horrible, especially uh, you know, certain times of day. Um, we don't always even get a green light when it's our turn. Um, and even when we do, it's so blocked up from the other traffic that we can't get out. I feel that with a restaurant, it's certain times a day, you know, breakfast, lunch, and dinner, and that's okay. But with this, it's probably all times a day, I would think. You know, any time of day, it could be. And I worry that it's going to make it even worse, especially if the traffic light isn't changed somehow. Um, will there be any consideration for that? That traffic lights controlled by ODOT, isn't it?

Yep, that's ODOT. That's how you would address that. Will you all have any saying that? Can you somebody talk to Od? We can certainly contact ODOT about Yeah, I mean that I have a good relationship with folks at ODOT. We can talk to them about the signal signal timing with a right turn lane or something and a new light system. So, it's coordinated. Well, it depends on traffic. We have to look at what the signal head is whether um because they'll make you do a signal warrant analysis on that to see whether I don't know what is the signal head currently. Is it a five? Is it a five light hit? So you got a turn arrow and then a like a Okay.

So maybe it's just a timing adjustment that needs to occur. Sometimes we'll sit through three rotations before we get a green for Williams drive to come out. Do they have radar detectors or like the little white boxes or do they have the things in the pavement? I don't I don't I It's not on the I can go look at it. It may be loop detectors in the pavement. They're moving away from that. If you look at they they're moving to radar boxes now. Ah so well whatever it is it needs to change. I'm happy to reach out though. Okay. On that that'd be wonderful because like I said there's times where we you just sit and it doesn't Well, I mean if you're making a right hand turn, fine. But if you want to go straight, you want to go left, you just have to take it.

And it just it you don't get an arrow. You don't get an arrow. You don't get a green light. It sounds like there's a malfunction. Sits there and laughs at you. That sounds like there's a malfunction in the It does. Yeah. And I I have uh emailed with them a number of years ago and they found a glitch in it which they fixed, but now we're back to Now you're back again. Yeah. So, it was good for a little while and it went back again. Well, it's not as bad as it was, but it's still still bad. They don't want their customers pissed off and and I'm with a new business coming in. That's true.

You know, not time to meal times or anything. Plus, we already get a backup with White Castle. Yeah, sure. That can be terrible. We can we can address the signal timing there with ODOT and Okay. talk to them about that. It sounds like there's something wrong in the cabinet controller cabinet. Okay. But that might go a little way towards Okay. Anything else? All right. Thank you very much for your comments. Thank you. Is there anybody else to speak in opposition to this proposal?

Hearing none, we'll move to the board. Is there a projected car count like per day? Like can I can you step back up either one, Scott? Is there a projected like car count per day that you guys have or per hour or something of anticipated?

Um I imagine it would be somewhere between three to 500 600 cars a day depending on the day. Um, you know, it's probably similar consistency to, oh, White Castle or any other fast food, you know, frases. Um, just, uh, one thing I didn't mentioned before is, um, this is actually our third FRE's location. Um, one in Columbus, one in South Dayton, uh, Miami Township across the street from the Dayton Mall. Um, and, uh, and now this one. So we've have we have experience of of um converting uh old former FR's locations into uh a successfully operating dispensary. Um yeah. So

thanks. Any other questions? No. The the only thing I I mean between us here at the board and stuff like that, I mean I I feel I I I feel for the gentleman that lives on the street and you know as we're up here this it meets all the conditions that we have you know for conditional and I mean there's really I don't know what else I don't know what else you can do about it you know or other than basically approve it. Can I ask Can I ask Go ahead.

They they meet all the conditions. I mean, right. Can I ask one more question of you, sir, please? When would you say what's the peak peak traffic time? Um, I mean, it it it depends on the traffic flow. I mean, I' I've driven down on the street. I actually I it'll be evenings, it'll be lunchtime. Um, you know, it could range from It really depends on the traffic flow in the market as well. So, what do you project like with a peak time and

I don't think there's actually one peak time. It's more just kind of following along with the traffic. So, it could be busier between, you know, 4 and 8:00 p.m. Um, you know, we've uh it's partially one of the reasons why we've extended our hours. Um, I think one thing that we're going to do in this location that we haven't done in the others is we'll actually have two uh drive-through windows as opposed to just one. It'll allow us to speed up the process of the drive-through experience uh which will ultimately keep traffic moving quicker. Um, another thing we um but to address a couple other things too, just uh it's a significant investment in terms of what we go in there and we'll clean this place up. We'll add we'll make sure all the lighting looks great and add the landscaping. will repave repave the entire lot, make it look brand new, um, and and really clean up the place and elevate the experience as opposed to what it looks like right now. So,

did the fact it was a freshes dictate your location or were you looking It is in close proximity to another one. So, is there

uh is it just because that building became available? it beca it's because the building became available um over the last several years um as we've looked to expand our retail footprint across the state. I've been working in developing relationships with townships and cities across the state. Um I've gotten to know Corey over the last couple years. Um, you know, I'm very well aware of the the change from two to four and when when the change from two dispensaries to four dispensaries, uh, we had a license left in in this um county, um, that we were it it it was a timing thing. So, um, it's just kind of been ironic that we've ended up in multiple FRC's locations. Um, also, ironically, our Springfield location was a former White Castle. Um, it just kind of it's kind of just the footprints. It's the access, it's the ability to get in and out. Um, it's the parking. U, mostly convenience and and the ability for, you know, the vicinity to to the highway system. Um, we currently wholesale in 95% of the dispensaries across the state, including the ones in Union Township as well as across the entire region of Southwest Ohio. Um and the southwest region of Ohio is a higher volume kind of average unit volume of dispensaries compared to the rest of the state. Um so um we've we're just excited to kind of be here and um the the fishes end up being kind of convenient and easy access in and out quick and um you know I've driven this market significant. We actually um had a restaurant actually down the street over in Anderson. Um, so I'm fully aware of the the high traffic up and down this road, uh, going east and west in both directions throughout all times of the day. Um, so partially another reason why we want to be open later. Um, we've recently expanded our drive-through hours in our other locations as well.

Do you have mostly drive-thru or walk-ins? Um, so, uh, about 30 to 35% on average right now we're seeing through the drive-thru in our other locations. Um, and as far as walk-ins, um, you can you can place an order online on your computer or on your phone and you can come in, walk in and grab it and to go. Um, there'll be 65 some cameras um, in and around the property as well as inside the building. Obviously you guys have experience with other state regulated dispensaries on the market. Um so yes. Okay. Thank you. Yes sir. Any other questions?

No. Just back to our discussion. I think that uh let me ask one one question. Mr. Wright asked about the landscaping. Is there any way you could put together a a drawing? Absolutely. And get that over to to the township. Absolutely. Is what you intend. And out of curiosity, I'm trying to re remember. Is there a fence between that motel and that building?

I didn't I I there must be an easement that connects the two properties because the driveways are all connected. Um I've driven around that property multiple times. Um there's not a fence between the two. Um, but we'll elevate the property as we improve the landscaping. Um, as well as approved that entire kind of entrance to the site as well. Mr. Wright, is that I'm pulling up Google Maps now. See if we can see. Okay. Get a drive. I guess my question is if they submit, you know, a landscaping plan, is that something you guys take a look at or do we have to take a look?

Yes, sir. We would look at it for adequacy and Yeah, we've done a landscaping plan on every one of our locations and all the zoning reviews that we've just gone through. And ultimately, we're here to to partner with you guys. So, whatever whatever it takes, we'll happily, you know, we want our we want our property to the landscaping to be as pretty as what a McDonald's does. And that's what we're doing in all of other locations. Yeah. Just I mean it's basically back to the thing whether you agree or disagree with your operation there's you know it's fits within uh the confines of you know the conditional requirements. So there's not a whole lot you know here's a good shot of yeah your name that we we we can do.

They probably have shared access these ones that is that what it is. Yeah. when when the site was developed and you think back to the 80s. Um when they developed these sites, you know, you have the limited access from the highway. Yeah. And so so when they we'll just take a little drive around. You have the limited access fence there and it appears that you know they have shared joint parking facilities which is not uncommon for a dualuse site like this. And my suspicion is there's probably access easements all over this property which would preclude, you know, any kind of like obstruction or or fencing in that. Um,

yeah, the one the one one drawing I was looking at actually showed a lot of that stuff. But all right. And I mean they're essentially it was basically back in the 80s more or less one site that developed with two with two pads very similar to what you'd see on any interstate off-ramp with the you know the hotel and then a sit down type restaurant. Again, ironically with the fricious, you know, one of the things that was crazy about, you know, frases failing is the value the real estate that they occupy was was very good real estate generally throughout, you know, at least the tri-state or whatever

and particularly in the township. So, you know, sadly we lost one, but we have the other one's super busy now. So, I know don't know what that means. I also measured um the proximity to the closest uh to the dispensary reference on Mount Carmel. It's almost two miles as the crow flies. So, it doesn't feel like 2 miles, but it is 2 miles from that facility. Well, this I'd look at where this one's located. I mean, it's like a, you know, cat's meow. I mean, you're sitting there entrance exit onto the expressway. I mean, you're over what, five miles, six miles of Kentucky and they don't have any of this stuff and so I'm just sitting there. I mean, it's kind of interesting. I mean, that's a good location for you. Yeah, we we we believe that as well and that's why we're interested in in investing $ three and a half million dollars into this property to build the business um hire 30 employees and you know operate the most efficient place that we can to drive as much revenue for the township as possible.

Well said, I guess. Okay. Thank you. Thank you. All right. discussion on the boards just like I just like I was saying. I mean just you know I mean the location and stuff like that and whether you you motion all right I'll make a motion

I'll make a motion to approve with additional modifications. Um and I will incorporate uh points 1 2 3 and four. I will add 0.5 of the condition and I want the um hours of operation uh will be from 9 a.m. to 900 p.m. uh Monday through Sunday. Do we have a second? I'll second it. Roll call

real quick. Who uh So, who had the second on that? I didn't. I was ready. That was That was me. McAdams. Mr. McAdams. You call the RO, sir. Uh, I have Mr. Kangro. I. Mr. McAdams. I. Mr. Ford. No. Mr. Wilker. I Mr. Jen. All right. Motion carries. Four yes. One no. Yes. Yes. All right. You need to make sure that you get with

the zoning board and get your permits and all the paperwork you need as soon as possible. Is there anything else to come before the board? Sir, I have no further business for the board this evening. Will you follow up on the vod? Yes. Yes. In fact, I I'll add that to my list of calls and email. I'll call and email tomorrow. I'm going to call Doug Guber with he's a deputy director and I'll ask him. I'm ready to make a motion to adjourn. We have a motion to adjurnn. Is there a second? Second

and roll call. Uh all in favor uh signify by saying I. I. Opposed. Motion carries. We are adjourned at 7:37 p.m. Thank you everybody. Thanks.