Insomnia Cookies has already obtained an Occupancy Certificate to operate as a bakery at 6 Oakwood Avenue which is located in the Neighborhood Business District (NBD). The permitted operating hours in the NBD are 7:00 a.m. – 9:00 p.m., but the applicant is requesting a Special Use permit for extended hours, seeking to remain open until 2:00 a.m. daily. Insomnia Cookies has over 200 bakeries nationwide utilizing a late-night, take-out and delivery business model serving college campuses.

Mr. Aidt thanked Mr. Kroger for his presentation and asked Mr. Jacques to administer an oath to those who wish to testify.

Mr. Jacques proceeded to swear in, en masse, the visitors that plan to testify.

Mr. Andy Meyers, Director of Store Construction at Insomnia Cookies, shared that Insomnia Cookies is happy to be coming to the Dayton area. He explained that the company’s typical business model offers in-store, pickup, and delivery options for customers day and night. He stated that the company has not had any problems with the bakeries that offer after hour services located in neighborhood areas.

Mr. Byington asked the projected volume at the bakery after 9 p.m.

Mr. Meyers said that he does not have the exact numbers and it will depend on the popularity of their particular location. Late night delivery is based on call in orders.

Mr. Kroger shared that the project manager, Adam Clark, indicated by email that the projected volume of deliveries after 9 p.m. on Sundays – Wednesdays is less than 50 orders a night, and more than 50 orders a night Thursday – Saturday.

Mr. Aidt asked how many people typically come in the bakery after 10 p.m. on the weekends.

Mr. Meyers said that it is hard to provide a specific number. There could be 40-50 walk-in visits.

Mrs. Gowdy asked if the majority of their business takes place between the hours of 11 a.m. to 9 p.m.

Mr. Meyers confirmed yes.

Mr. Lauterbach asked if any of their store locations are not open until 2 a.m.

Mr. Meyers said that they have a bakery on the campus of University of Southern California. The university has visitor restrictions after 10 p.m.

Mr. Lauterbach mentioned that he noticed that the store is currently being built. He asked if construction will continue even if this Special Use permit is not granted.

Mr. Meyer confirmed yes.

Mr. Paul Bohaboy, 229 Volusia Avenue, testified in opposition of the application. He shared that he and his neighbors have experience with other retailers at the Routsong Retail Center. The idea of a late night bakery has created concern in the neighborhood due to noise and disruptions late at night.

Mr. Lauterbach asked the applicant how many delivery vehicles are typically in use per day.