Mrs. Gowdy said that Insomnia Cookies was aware of the restricted hours in the Neighborhood Business District when they bought the property. It is not the city’s responsibility to make their business model work. The business is not the problem, it is what it creates in the neighborhood.
Mr. Hill shared that he does not have a problem imposing a one-year trial period.
Mr. Jacques explained that since revocation is not an option, the special use could be granted with a condition reserving the right to revisit the extended hours if there are issues.
Mr. Lauterbach asked how a problem could be defined.
Mr. Jacques noted that the condition could empower city staff to bring the issue back in front of the Planning Commission. Staff is experienced in fielding resident complaints and could determine if something is easily addressable, directly, or if it requires further Planning Commission review.
Mr. Lauterbach shared that he likes Mr. Jacques’ suggestion so issues can be addressed without placing a one-year trial period on the extended hours.
The Planning Commission did not have any further questions for city staff or the applicant.
It was then moved by Mrs. Gowdy and seconded by Mr. Byington that the preliminary staff findings be adopted, and Application #24-2 for a Special Use permit request for extended hours are hereby conditionally granted as requested (RETAIL operations until 12:00 a.m., DELIVERY operations until 2:00 a.m., seven days a week), subject to re-evaluation upon referral by City staff for issues of neighborhood incompatibility.
The proposed use at the specified location is consistent with the Comprehensive Plan.
- One of the basic principles of the Comprehensive Plan is that business areas should not adversely impact adjacent neighborhoods. To date, the City has received no complaints or concerns from residents/business owners on Insomnia Cookies’ hours of operation. Therefore, it is consistent with the Comprehensive Plan.
The proposed building or use will not adversely affect or change the character of the area in which it is located.
- Although the NBD applies to this area, it is immediately adjacent to the City of Dayton NBD that are not subject to the same restrictions. There are two businesses in the immediate area that operate outside of the Neighborhood Business District hours of operation: Sunoco located in Dayton but immediately across the Oakwood Ave/Irving Ave intersection is open 24/7, and The Pine Club which is open on Friday and Saturday until 12:00 a.m.
- Staff believes that the extended hours of operation will not adversely affect the character of the surrounding neighborhood.
That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, convenience or general welfare.