When the public testimony has concluded, the Applicant or the Applicant’s representative will be given an opportunity to make a closing statement. The public hearing will then be closed and Council will begin their deliberations.

Vice Mayor Byington read the resolution by title. He noted that the resolution will be voted on after the information is presented and testimony is heard.

Mayor Duncan 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.

Mayor Duncan invited Code Enforcement Officer Ethan Kroger to present the staff report.

Mr. Kroger referenced a PowerPoint presentation and provided the following report.

The Applicant, Insomnia Cookies, has obtained an Occupancy Certificate to operate as a bakery at 6 Oakwood Avenue which is located in the Neighborhood Business District. The nature of the request before Council this evening is a request for extended hours of operation. Insomnia Cookies has over 200 bakeries nationwide utilizing a late-night, take-out and delivery business model. Their customary hours are typically from 11 a.m. to 3 a.m. The permitted operating hours in the Neighborhood Business District are 7:00 a.m. to 9:00 p.m. unless extended by a Special Use permit.

Mr. Kroger reviewed prior applications requesting extended hours of operation in the Neighborhood Business District. In 2013, Firehouse Subs was granted extended hours on Friday and Saturday evenings until 10 p.m. by the Planning Commission. In 2013, Tastefully Roasted (previously Saxby’s Coffee) was denied extended morning hours seven days a week at 6 a.m. by the Planning Commission and by City Council on an appeal. In 2015, Tastefully Roasted (previously Saxby’s Coffee) was granted extended morning hours, on weekdays only at 6 a.m. by City Council on an appeal with the City reserving the right for the Planning Commission to address any problems that occurred after one year. There were no complaints received on the earlier weekday hours.

Insomnia Cookies appeal arises from the Planning Commission’s May 4, 2022 decision regarding extended operating hours. At the May 4 Oakwood Planning Commission meeting, by a vote of 4 – 0, with one member excused absent, the Planning Commission approved Insomnia Cookies’s application with the condition that the operating hours are extended until 10 p.m. on Friday and Saturday evenings only.

Mayor Duncan invited the Applicant to present their appeal.

Mr. David Pierce shared that he will be representing Insomnia Cookies. Mr. Pierce is a shareholder at Coolidge Wall as well as an Oakwood resident. He is joined by several Insomnia Cookies team members. Mr. Pierce reported the following:

There are now over 223 Insomnia Cookies bakeries, 14 of which are in the state of Ohio. Insomnia Cookies has a reputation nationally of partnering with charitable organizations. The Oakwood bakery celebrated its opening at 6 Oakwood Avenue, Unit C with a ribbon cutting ceremony in the middle of June. Insomnia Cookies invested a significant amount of money to improve the building space and signed a 10-year lease. The company is committed to Oakwood and plans to be fully integrated in the Oakwood community.

Insomnia Cookies relies on late-night business hours for its success nationwide. The company relies on retail sales and the delivery business. A significant level of sales (19% for delivery and 17% for retail) are during the hours of 11 p.m. to 2 a.m.

There are a number of businesses located in the same area as Insomnia Cookies that have early morning and late night operating hours. A large number of homes along Irving Avenue provide student housing and the area has grown to accommodate the University of Dayton and the business owners. An affidavit was submitted by Oakwood resident Sean Frisbee who lives close to the bakery on Volusia Avenue. His affidavit indicates that he has no problems with noise from the businesses.

The delivery operation will be done in large part by three employees within the core delivery area. The small number of drivers should reduce any disruption from the late night operation. Ashley’s Pastry Shop, which is in the same zoning district, has employees that work late into the evening and does deliveries early in the morning to many of the local restaurants. Similar to Ashley’s,