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[ AGENDA CITY PLANNING COMMISSION City Hall - Council Chambers 6131 Taylorsville Road August 13, 2024 6:00 P.M. ]
I SHALL CALL THE MEETING THE CITY OF HUB RIGHTS PLANNING, COMMISSION TO ORDER.SECRETARY, WILL YOU PLEASE CALL THE ROLL? MR. CASSIDY? HERE.
IS ANYBODY ELSE ON THE DIOCESE IN HEARING? NONE? THIS IS THE, UH, THE NEXT ON THE AGENDA IS THE CITIZEN'S COMMENTS.
THIS IS THE APPROPRIATE TIME FOR ANY CITIZEN TO COMMENT ON ITEMS NOT RETAINING OR NOT ON THE AGENDA.
HEARING NONE WILL MOVE ON TO SWEARING OF WITNESSES.
I ANNOUNCE WITH THE ACCORDANCE OF THE RULES OF THE PLANNING COMMISSION.
ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA THIS EVENING NEEDS TO BE SWORN IN.
I ASK EVERYONE TO STAND, RAISE THEIR RIGHT HAND AND RESPOND.
TO THE FOLLOWING OATH, DO YOU HEREBY OR SWEAR, DO YOU HEREBY SWEAR OR AFFIRM? OKAY.
DO YOU HEREBY SWEAR OR AFFIRM THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? SO HOPE YOU GOD.
I ASK ANYONE WISHING TO SPEAK TONIGHT TO COME UP TO THE PODIUM AND GIVE THEIR NAME AND WRITE IT, UH, THEIR NAME IN ON THE SIGNING SHEET PROVIDED.
FIRST ITEM ON THE AGENDA IS, UH, WE HAVE NO PENDING BUSINESS.
SO NEXT WILL BE NEW BUSINESS TEXT AMENDMENT.
THE APPLICANT, THE CITY OF HUBER HEIGHTS, IS REQUESTING AN APPROVAL TO AMEND SECTIONS 1123 DEFINITIONS AND 1196 MEDICAL MARIJUANA OF THE ZONING CODE TA 24 15.
GOOD EVENING, MR. CHAIRMAN, MEMBERS OF THE PLANNING COMMISSION, AARON SORELL, CITY PLANNER.
UH, SO WE HAVE A CURRENT, UH, MORATORIUM ON ADULT USE, UM, MARIJUANA, WHICH EXPIRES, UM, LATER THIS YEAR.
AND SO WE WANT TO GET AHEAD OF THAT BY CHANGING OUR ZONING CODE, AMENDING OUR ZONING CODE TO, UM, PROHIBIT BOTH, UM, THE SALE CULTIVATION AND DISPENSING OF, UM, ADULT USE MARIJUANA, WHICH GOES ALONG ADULT USE RECREATIONAL MAR MARIJUANA, WHICH GOES ALONG WITH OUR CURRENT PROHIBITION OF MEDICAL, UH, MARIJUANA.
SO THE TEXT, UH, IN FRONT OF YOU THAT WE'RE PROPOSING TO CHANGE IS TO, UH, ADD SOME KEY DEFINITIONS OF, UH, FOR WHAT IS MARIJUANA AS IT RE AS IT RE RELATES TO, UM, DISPENSING TESTING OF, UH, ADULT USE OF MARIJUANA.
UH, AND IT RELATES BACK TO THE ORC, UH, CHAPTER 37 80, WHICH IS THE CANNABIS CONTROL SECTION, UH, ON THE HIGHER, EXCUSE ME, THE HIGHER REVISED CODE.
SECONDLY, WOULD BE BETTER DEFINING WHAT MEDICAL MARIJUANA IS, AND THEN MEDICAL, OR EXCUSE ME, UH, MARIJUANA RELATED, UM, BUSINESSES OR HOME OCCUPATION.
SO WE WILL PROHIBIT ALL OF THAT.
UM, CHAPTER 96, 11 96 IS OUR CURRENT MEDICAL MARIJUANA PROHIBITION.
WE WOULD JUST, UH, CHANGE THAT TO READ MARIJUANA FACILITIES, UH, AND THEN WE WOULD PROHIBIT ANY MARIJUANA RELATED BUSINESS OR HOME OCCUPATION, UH, IN ANY, UH, ZONING DISTRICT IN THE CITY.
UH, AND THEN SECONDLY, WHICH IS SOMEWHAT OF A CHANGE, UM, WE WOULD PROHIBIT, UM, ADVERTISING AND SIGNAGE FOR MAR MARIJUANA RELATED BUSINESSES WITHIN, UM, A HUNDRED YARDS OF ANY CHURCH LIBRARY, PUBLIC PLAYGROUND, PUBLIC PARKS, OR SCHOOL.
THIS IS A SIMILAR PROHIBITION TO WHAT THE ORC, UM, PROHIBITS AS FAR AS DISPENSARIES OR CULTIVATION, UM, OR MANUFACTURING FACILITIES BEING LOCATED THIS CLOSE TO SCHOOLS, CHURCHES, PLAYGROUNDS, ET CETERA.
SO, UM, THIS WAS, UH, DRAFTED BY, UH, MYSELF AND OUR ATTORNEYS.
UH, AND SO PLANNING STAFF RECOMMENDS APPROVAL OF THESE PROPOSED TEXT AMENDMENTS THAT, THAT WERE SUBMITTED.
ARE THERE QUESTIONS OF ME? ARE THERE QUESTIONS FOR STAFF? SO I'LL PROBABLY SHOW SOME IGNORANCE ON THIS TOPIC, BUT, UM, UNDER THE DEFINITION OF MARIJUANA, WOULD THAT COVER LIKE SYNTHETIC THC PRODUCTS? UH, AT THE MOMENT IT DOES NOT.
UM, 'CAUSE THOSE FALL UNDER AN EXCEPTION, THAT WAS, THAT WAS GRANTED BY CONGRESS, I BELIEVE, IN 20, UH, 18.
SO THIS WOULD, THAT WOULD NOT FALL UNDER, UNDER THIS.
ARE THERE ANY OTHER MARIJUANA DERIVATIVES THAT WOULD ALSO NOT FALL UNDER THIS? SO THIS WOULD PROHIBIT, UM, TRUE EDIBLES THAT ARE DERIVED FROM ACTUAL MARIJUANA.
NOT, NOT THE DELTA NINE, DELTA 10, 7 6, WHATEVER ELSE THERE ARE IS OUT THERE.
UM, BUT IT WOULD PROHIBIT, ESSENTIALLY IT WOULD PROHIBIT THE SALE OF, OF MARIJUANA OR MARIJUANA, LIKE PRODUCTS FROM
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LICENSED FACILITIES, BE IT, UH, OHIO LICENSED FACILITIES, BE IT MEDICAL MARIJUANA DISPENSARIES OR, UH, ADULT USE RECREATION DISPENSARIES.RIGHT NOW, OHIO'S ONLY LICENSING ADULT USE RECREATION TO BE DISPENSED FROM CURRENTLY LICENSED MEDICAL MARIJUANA DISPENSARIES.
UM, WE ANTICIPATE THAT THAT PROBABLY CHANGES AT SOME POINT IN THE FUTURE.
SO THIS TEXT IS A LITTLE BIT FUTURE PROOFED IN THAT, THAT MANNER.
SO, JUST MINOR ON ONE PART ON UNDER DEFINITIONS, IF MARIJUANA MEANS MARIJUANA OR CANNABIS, I THINK IT'S A TYPO ON THE SECOND MARIJUANA, IF WE HAD TO JUST FIX THAT, IT'S GOT AN H INSTEAD OF A J.
AND THEN TO BE, JUST SO I'M CLEAR ON THE 1196 PART SECTION A SAYS, MARIJUANA IS NOT PERMITTED ANYWHERE.
SECTION B SAYS HUNDRED YARDS OF PLAYGROUND PARK SCHOOLS.
IS IT A HUNDRED YARDS FROM ANY OF THESE PLACES OR IT'S NOT ALLOWED? SO, UH, THERE ARE TWO DIFFERENT ISSUES.
SO ME, THE LE NUMBER LETTER A RELATES TO THE ACTUAL PHYSICAL FACILITIES WHERE IT'S SOLD, CULTIVATED, OR, UM, UH, OR PACKAGED B IS LIMITED TO THE ADVERTISING ITSELF.
WHAT WE WERE WORRIED ABOUT IS WE DIDN'T WANT TO SEE LARGE BILLBOARDS THAT SAYS, YOU KNOW, GO VISIT, SAID DISPENSARY IN HARRISON TOWNSHIP OR RIVERSIDE OR WHEREVER, YOU KNOW, POPPING UP NEXT TO THE SCHOOL OR WHEREVER WE HAVE, YOU KNOW, KINDA LARGE, LARGE ADVERTISING AREAS.
SO, IS VOTING WHEN WE DO THIS HERE TONIGHT, IS, IS THIS IS CHANGING THE CODE SO THAT WE ARE BASICALLY MAKING OUR TEMPORARY MORATORIUM A PERMANENT PROHIBITION? THAT'S CORRECT.
IS THERE A REASON? UH, MY CONVERSATION WITH COUNSEL IS THAT THEY ARE NOT INTERESTED IN, UM, THE IMAGE THAT GOES ALONG WITH, UM, MARIJUANA DISPENSARIES, UM, AND THE WAY THEY LOOK AND, AND THAT WAY.
UH, AND JUST THE PERCEPTION THAT THAT GOES ALONG WITH THOSE, BECAUSE CAN'T WE ZONE HOW THEY HAVE TO LOOK LIKE, MAKE THEM ALL FREESTANDING SINGLE FACILITIES AND CERTAIN THINGS THAT DO ACCOMP? MY MY ISSUE IS, I MEAN, VAPES, VAPE, HOUSE, VAPOR HOUSE VAPES SHOWING UP EVERYWHERE, TO DAVID'S POINT, THE SYNTHETIC STUFF THAT'S OUT THERE, ALCOHOL AND TOBACCO ON EVERY CORNER, AND WE'RE BASICALLY ELIMINATING THE NATURAL VERSION AND ALLOWING ALL THE CHEMICAL FAKE VERSIONS STILL TO RUN RAMPANT.
SO I WOULD ARGUE THAT, THAT, YEAH, THAT IS A LOOPHOLE IN, IN STATE LAW.
UM, WE, BUT THIS IS WHAT I'M SAYING.
IN OUR, IN CUBA THOUGH, WE, WE ALLOW IT, WE DON'T, WE DON'T HAVE A RESTRICTION ON VAPES.
THERE'S ONE RIGHT NE I DROVE BY RIGHT NEXT TO THE DAYCARE NE LITERALLY NEXT DOOR.
RIGHT? SO WE ARE EXPLICITLY, UM, PERMITTED TO PROHIBIT MARIJUANA RELATED DISPENSARIES, UM, WHICH IS THE DIRECTION THAT, THAT WE'VE BEEN GIVEN.
UM, WE, WE WOULD HAVE A MUCH HARDER TIME REGULATING OR PROHIBITING THE VAPES AND THE SYNTHETIC ITEMS THAT ARE REGULATED BY THE FDA.
THAT'S PRETTY MUCH ALLOWED IN ANY RETAIL ESTABLISHMENT.
THAT DOESN'T MEAN TO SAY THAT WE SHOULDN'T GO BACK AND REVISIT THE SIGNAGE AND HOW THOSE FACILITIES LOOK.
WHY IS IT HARDER? UM, SO IN THIS CA PARTICULAR INSTANCE, UM, WHEN, WHEN THE, THE RULES WERE ADOPTED BY, SO WHEN THE RULES WERE ADOPTED BY THE STATE OF OHIO, IT EXPRESSLY ALLOWS CITIES AND ANY MUNICIPALITIES OR TOWNSHIPS TO REGULATE OR OUTRIGHT PROHIBIT MEDICAL MARIJUANA DISPENSARIES AND ADULT USE RECREATION DISPENSARIES.
UM, WE CANNOT, WE HAVE A MUCH HARDER TIME REGULATING, UH, A THE SALE OF PRODUCTS THAT ARE LEGALLY ALLOWED TO OCCUR.
NOW, A LOT OF THOSE ISSUES WITH VAPE SHOPS AND ARE COMING WHERE, YOU KNOW, THEY'RE MARKETING THE KIDS AND SOME OF THAT STUFF IS ILLEGAL ALREADY, AND THEY'VE JUST, YOU KNOW, IT'S BEEN KIND OF JUST IGNORED.
I THINK THERE IS AN EFFORT TO CRACK DOWN ON THAT.
UM, WE'VE SEEN THAT BOTH LOCALLY AND IN AND IN THE REGION.
BUT FROM A ZONING PERSPECTIVE, IF THE PRODUCT IS, UM, LEGALLY ALLOWED, UM, TO BE SOLD, WHICH IS INSTANCE TOBACCO SUCH AS TOBACCO, SUCH AS ALCOHOL, SUCH AS MARIJUANA, IT'S LEGAL.
BUT AGAIN, WE ARE, IT'S LIKE, UM, SO I'LL, I'LL MAKE A DISTINCTION LIKE THIS.
THE STATE LAW ALLOWS US TO DO IT, SO WE'RE GONNA DO IT.
WE, UM, WITH ALCOHOL, THE STATE DOES NOT ALLOW US TO REGULATE THE SALE OF ALCOHOL.
THE, THE STATE GRANTS A LICENSE.
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THEY'RE GRANTED A LICENSE.UH, AND, AND THAT REALLY, UM, USURPS LOCAL ZONING CONTROL.
SO IS THIS THE ONLY BUSINESS THAT WE'RE ALLOWED TO FULLY RESTRICT? BECAUSE I THOUGHT, I WAS TOLD THAT WE HAD TO MAKE ZONING AVAILABLE FOR ANY TYPE OF BUSINESS IN THE CITY, WHICH WE'VE GOT CERTAIN ONES LIKE ADULT CLUBS THAT HAVE CERTAIN RESTRICTIONS THAT MAKE IT TO WHERE THEY'RE IMPOSSIBLE TO PUT 'EM IN.
SO IS THIS ONE WE'RE ALLOWED TO JUST SAY IT'S NOT A TEMPORARY MORATORIUM, WE'RE JUST ALLOWED TO PERMANENTLY PUT IT ON THE LIST? YEAH.
SO THERE'S, EVEN THOUGH IT'S BEEN LEGAL AND THE SCHEDULING'S BEING CHANGED AND IT'S LESS ADDICTIVE THAN ALL THE OTHER STUFF.
SO THIS, UM, WE'RE PERMITTED TO PROHIBIT IT.
UM, WHEN IT COMES TO ADULT USES, THOSE ARE PROTECTED BY THE FIRST AMENDMENT.
UH, THERE ARE NUMEROUS CASE LAW THAT'S THAT, YOU KNOW, NUDE DANCING IS EXPRESSION.
SO UNDER, UNDER THE ZONING RULES AS FAR AS THEY'RE CONSTRUCTED THROUGH VARIOUS COURT, UH, RULINGS, WE HAVE TO ALLOW IT SOMEWHERE.
UM, DOESN'T MEAN THAT IT'S PRACTICAL TO ACTUALLY PUT IT IN.
SO THAT'S WHY WE CONDITIONALLY PERMIT ADULT ENTERTAINMENT IN THE I TWO DISTRICT WITH A WHOLE HOST OF CONDITIONS THAT MAKE IT EXTREMELY DIFFICULT TO FIND A LOCATION.
IF YOU CAN FIND A LOCATION, GREAT.
SO WE ARE COMPLIANT WITH, UM, SUPREME COURT RULINGS DOESN'T NECESSARILY MEAN THAT IT'S GONNA BE CONVENIENT FOR THAT PARTICULAR OPERATOR TO ACTUALLY FIND SAID LOCATION.
AND THAT SAME THING DOES NOT APPLY TO MARIJUANA.
NOW, AT SOME POINT, IF THE SUPREME COURT EVER DECIDES THAT MARIJUANA USE IS A CONSTITUTIONALLY PROTECTED, UH, OR MARIJUANA SALES OR IS A CONSTITUTIONALLY PROTECTED ENDEAVOR, THEN WE WOULD HAVE TO REVISIT THIS.
BUT AT THIS MOMENT, THAT'S NOT THE CASE.
JUST SO YOU KNOW, DAVID, SO YOU SAID YOU, YOU MAY HAVE SOME IGNORANCE ON THIS, BUT TO WALK INTO ONE OF THESE PLACES, YOU DON'T GET THROUGH THE FRONT DOOR WITHOUT SHOWING AN ID THAT YOU'RE OVER 21 YEARS OLD.
AND EVERY PIECE INSIDE IS TRACKED AND LEGISLATE IS BECAUSE THOSE LICENSES ARE VERY VALUABLE.
THEY WANT NO PART OF LOSING ANY OF THEM.
THEY'RE MORE REGULATED THAN ANY BAR WE HAVE IN THE CITY.
MORE REGULATED THAN ANY GROCERY STORE WE HAVE SELLING TO MINORS.
SO I, I JUST, I HAVE AN ISSUE WITH THE PERMANENT PROHIBITION PART.
WE'VE, WE'VE SHOWN IN OUR PAST IN THIS COUNTRY THAT PERMANENT PROHIBITION WAS WRONG.
AND WE, WE KNOW THE ALTERNATIVE, IF YOU DON'T HAVE THE LEGALLY MONITORED ROUTE, WE KNOW THE NEXT OPTIONS.
SO I WOULD SAY THAT, UM, IF IF IT PANS OUT TO WHERE, UM, THE RECREATIONAL DISTRIBUTION, UH, IS NOT AS, UH, HARMFUL OR NEFARIOUS OR, OR, YOU KNOW, UH, AESTHETICALLY DISPLEASING, THEN WE CAN ALWAYS REVISIT THIS.
UM, THESE AREN'T TABLETS COMING DOWN FROM HIGH.
UM, SO IF AT, AT SOME POINT IF THE COMMUNITY DETER DETERMINES THAT THIS IS A DIRECTION THAT THEY WANT TO REVISIT, WE CAN ALWAYS REVISIT THIS.
I MEAN, I'M NOT, I'M NOT CRAZY ABOUT ANYTHING LIKE THAT.
I MEAN, OBVIOUSLY I THINK EVERYBODY KNOWS WHERE I FEEL ABOUT IT.
I, I WAS UNDER THE UNDERSTANDING THAT COUNCIL HAD THE MORATORIUM, LIKE A LOT OF OTHER CITIES AND AROUND THE STATE THAT ARE USING IT TO FIGURE OUT HOW TO ZONE PROPERLY AND HOW TO PROPERLY REGULATE THE BUSINESS.
THERE ARE REAL WAGE JOBS THAT ARE COMING WITH THESE THINGS, AND THE CULTIVATORS ARE REAL AG BUSINESSES AND THE CHANGE FROM SCHEDULE ONE WITHIN THE GOVERNMENT IS BEING DONE NOW.
SO, I MEAN, WE, WE, WE FEEL IT FEELS LIKE A LITTLE, LITTLE CRO, THE OLD CURMUDGEON TO SIT AND SAY, THIS BUSINESS IS NOT ALLOWED IN THE CITY.
WHEN WE'RE ALLOWED TO DISTILL BOOZE, WE ALLOWED TO BREW BEER.
SO YOU'RE NOT ALLOWED TO ALCOHOL, TOBACCO AS YOU WANT.
YOU ARE STILL ALLOWED TO, UM, GROW WE BUSINESSES.
WE HAVE A, WE HAVE A BREWERY IN TOWN.
WE COULD OPEN A DISTILLERY IN TOWN.
I LOOK AT THESE ALL IN ONE CLASS.
I, I VIEW THE SYNTAX, RIGHT? MM-HMM.
I MEAN, TO ME, THESE ARE ALL A CLASS OF SUBSTANCES.
I THINK, I THINK IT SPEAKS TO WHAT JIM IS SAYING ABOUT THE CONFLICT BETWEEN, YOU KNOW, WHAT THE TEXT AMENDMENT WOULD BE, BUT VERSUS WHAT I THINK SHOULD HAPPEN.
SO I, I DO THINK THAT THERE SHOULD BE SOME AVAILABLE ZONING PERMISSION FOR THESE TYPES OF FACILITIES.
OBVIOUSLY IT SEEMS LIKE COUNCIL ISN'T INTERESTED IN THAT.
THEY WANT TO GO THE FULL MORATORIUM ROUTE.
SO I DON'T KNOW IF THAT JUST HANDLES
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THROUGH THE ELECTION PROCESS.UM, WELL, THE COUNCIL VOTE WAS BACK WHEN IT WAS MEDICAL ONLY.
AND NO RECREATIONAL WAS EVEN APPROVED IN THE STATE OF OHIO.
AND IT WAS ALSO AN ELECTION YEAR FOR THE COUNCIL PEOPLE VOTING
YEAH, IT WAS, I MEAN, THAT'S TRUE.
UM, QUESTION ALONG THESE MORATORIUMS, UM, I KNOW THAT WE DID ONE FOR SELF STORAGE NOT THAT LONG AGO.
SO IS THAT A TEMPORARY MORATORIUM THAT COULD EVOLVE INTO A PERMANENT PROHIBITION? SO, UM, AS, AS IT RELATES TO SELF-STORAGE, THIS BODY PASSED UPDATED SELF-STORAGE REGULATIONS.
SO WE ALLOWED THE TEMPORARY MORATORIUM TO EXPIRE BECAUSE WE OKAY.
WE ADDRESSED IT IN THE ZONING CODE.
WHICH WE PUT IT NOT JUST IN COMMERCIAL, BUT IT CAN'T BE IN COMMERCIAL.
IT HAS TO BE INDUSTRIAL CERTAIN.
BUT THE MORATORIUM WAS TO ALLOW US TO FIGURE OUT THE ZONING.
WHICH IS WHAT I THOUGHT THIS MORATORIUM WAS ALSO.
SO THIS IS REALLY THE ONLY TYPE OF BUSINESS THAT IS EXPRESSLY PERMITTED BY THE CITY TO PUT A COMPLETE PROHIBITION ON.
IS THAT MOSTLY ACCURATE? UM, SO THIS IS ONE, THIS IS A BUSINESS.
THIS WOULD BE A CLASS, I WOULD ARGUE THAT, UM, WHERE STATE LAW EXPRESSLY PERMITS US TO, UM, PROHIBIT A STATE LICENSED TYPE OF OF USE.
WE COULD PROBABLY, FOR EXAMPLE, AUTO SALES, WE COULD, WE COULD NOT ALLOW AUTO SALES, UM, FOR A VARIETY OF REASONS.
UM, BUT THIS IS ONE IN WHICH THE STATE LAW EXPRESSLY ALLOWS US TO DO THIS.
I MEAN, IT'S THE, THE STATE NOW, THERE'S NO DIFFERENTIATION BETWEEN MEDICAL AND RECREATIONAL.
IT'S YOU, IF YOU APPROVE ONE, YOU APPROVE BOTH.
AND IF YOU APPROVE NONE, NONE.
YOU CAN'T SAY YES TO MEDICAL AND NO TO WRECK.
SO, SO AT THE MOMENT, THE ONLY WAY YOU WOULD GET RECREATIONAL IS IF YOU HAVE MEDICAL.
SO IF YOU PROHIBIT MEDICAL, YOU'RE AUTOMATICALLY PROHIBITING RECREATIONAL.
WE ARE ADDING ADULT USE RECREATIONAL AS A, AS A PROHIBITION.
BECAUSE WE THINK OF THAT EVENTUALLY THE STATE'S GONNA SEPARATE THE TWO AND JUST HAVE STANDALONE RECREATIONAL DISPENSARIES.
SO WHAT HAPPENS IF THIS IS A NO TONIGHT? SO HOW DOES THAT DISRUPT A LOT OF THINGS? IF SO, IT'S A RECOMMENDATION TO COUNSEL.
SO IF, UH, PLAINTIFF COMMISSION VOTES, NO, THEN UH, COUNSEL WOULD NEED A SUPER MAJORITY TO OVERTURN THE RECOMMENDATION OF, UM, THE PLANNING COMMISSION.
AND IF COUNCIL OVERTURNS IT TAKES MORE VOTES.
OR IF THEY OVERTURN PLANNING COMMISSION, YES.
IT, IT, IT WOULD TAKE, UM, TAKE COUPLE VOTES TO DO THAT.
WHAT, SEVEN VOTES I BELIEVE, OR SIX, SORRY, SIX VOTES TO OVERTURN THAT.
ONE LAST ONE WHEN IT TALKS ABOUT THE HOME BASED BUSINESSES, IS THAT JUST FOR FUTURE PROOFING CONSIDERATIONS? YEAH.
WE DIDN'T WANT, UH, PEOPLE TO, I MEAN, SO YOU ARE ALLOWED UNDER, UNDER THESE RULES AND UNDER STATE LAW TO GROW FOR YOURSELF AND, AND FAMILY CONSUMPTION.
WE DIDN'T WANT THIS TO BE, YOU KNOW, BASICALLY YOUR, YOUR BASEMENT BUSINESS AND NOT THAT IT ISN'T ALREADY
BUT WE WANTED DIGITAL TO BE VERY CLEAR THAT YEAH, SELLING THOSE LICENSES AREN'T GOING TO HOMES.
SELLING YOUR 13TH PLANT VERY CUT IS THINGS TO GET PERMITTED.
SO IF YOU WANT MARIJUANA, YOU CAN GROW IT, BUT YOU CAN'T BUY IT.
YOU CAN BUY IT, IT PASSES, YOU CAN BUY IT.
YOU, YOU JUST CAN'T BUILD A FACILITY HERE IN HUBER AND OPEN A BUSINESS BASED ON THESE.
ANY OTHER QUESTIONS FOR STAFF? THANK YOU, SIR.
WE WILL OPEN IT UP TO THE PUBLIC.
IS THERE ANYONE WISHING TO SPEAK ON THIS, UH, THIS CASE? IN HEARING NONE, WE WILL CLOSE THE PUBLIC PORTION.
ANY OTHER QUESTIONS OR CONCERNS? IS THERE A MOTION TO APPROVE THE REQUEST BY THE APPLICANT, THE CITY OF HUBER HEIGHTS, FOR APPROVAL TO AMEND SECTIONS 1123 DEFINITIONS AND 1196 MEDICAL MARIJUANA OF THE ZONING COURT OF THE ZONING CODE CASE TA 24 DASH 15 IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF'S MEMORANDUM DATED AUGUST 8TH, 2024, AND THE PLANNING COMMISSION'S DECISION RECORD ATTACHED THERE TOO.
IS THERE A SECOND? SECOND BY MS. VARGO? SECRETARY, WILL YOU PLEASE CALL THE ROLE MR. CASSIDY? NO.
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NO.MOTION, UH, DOES NOT PASS THREE TO TWO.
DO YOU, UH, PEOPLE IN THE DIOCESE THAT HAD A NO.
WOULD YOU LIKE TO GIMME A REASONS WHY? SURE.
SO I, I THINK FOR ME, UM, THE TEXT IS WELL WRITTEN, SO I DON'T HAVE ISSUES SPECIFICALLY WITH THE TEXT.
I JUST THINK AS A CITY, WE NEED TO ACCOMMODATE THIS TYPE OF BUSINESS IN SOME ZONING AREA.
UM, SO I DO THINK EVEN THOUGH WE CAN, WE CAN LEGALLY EXPRESSLY PROHIBIT THESE TYPES OF BUSINESSES, I DON'T THINK WE SHOULD.
SO, AND I THINK TO THE POINT OF IT WAS BROUGHT UP SORT OF THE IMAGE OF THESE TYPES OF FACILITIES.
YOU KNOW, I DRIVE DOWN I 70 AND I SEE THE SPRINGFIELD LOCATION AND IT LOOKS REALLY NICE.
UM, SO AGAIN, I DON'T HAVE A LOT OF KNOWLEDGE ON THE TOPIC, BUT WHEN I LOOK AT SOMETHING LIKE THAT, I DON'T SEE THAT BEING INCOMPATIBLE WITH THE CITY AND CONSIDER ENVIRONMENT AND CONSIDER THAT THAT'S SPRINGFIELD.
YOU KNOW, MUCH DIFFERENT THAN WHAT THE IMAGE OF HUBER HEIGHTS IS.
UM, AND I AGREE WITH, WITH, UH, DAVID, I THINK THAT, UM, WE NEED TO, HOW MANY VETERANS ARE IN OUR COMMUNITY? 10% THAT NEED, UM, THE MEDICAL MARIJUANA FOR PTSD OR, OR WHATEVER ELSE.
UM, AND, AND MAYBE I HAVE PERSONAL REASONS FOR BELIEVING IN THIS, UM, BUT I DO BELIEVE IT'S A BUSINESS THAT IS WORTH LOOKING AT.
AND IF THAT'S SOMETHING THAT WE CAN HAVE BETTER TEXT ON AND, AND BETTER REGULATIONS ON HERE IN THE CITY, I THINK IT SHOULD BE OPEN.
THEY SHOULD BE ALLOWED TO, TO BRING THAT BUSINESS.
MR. JEFFERIES, ANYTHING THAT I, YEAH.
NO, I MEAN, I, I THINK TO, TO DAVID'S POINT, YOU JUST SAYING NO ACROSS THE BOARD INSTEAD OF WHAT DOES IT TAKE TO MAKE IT RIGHT IS, IS HUGE.
RIGHT? I THINK THE, THE STIGMA FROM BEFORE WHEN THINGS FIRST ROLLED OUT IN DENVER AND THEY HAD BUDS OR US THEY LOOKED LIKE TOYS OR US SYMBOLS, THAT STUFF'S ALL GONE.
NOW THEY'VE GOT THE GREEN MEDICAL LOGO INSTEAD OF THE BLUE MEDICAL LOGO AS A STANDARDIZED LOGO.
THERE ARE TOO MANY THINGS THAT CAN BE POSITIVES TO REGULATE IT THE RIGHT WAY INSTEAD OF JUST SAYING WE'RE NOT DOING IT.
AND, AND, AND IT IS A REAL BUSINESS.
AND THESE THINGS ARE, I MEAN, IF, IF WE'RE OKAY WITH BUSINESSES LIKE VAPE SHOPS THAT ARE NOTHING BUT COMBUSTIBLE CHEMICAL INHALATIONS TO SAY THAT WE'RE NOT OKAY WITH A PLANT THAT IS GONNA GENERATE MORE INCOME PAYING JOBS THAN THOSE PLACES ARE, I JUST THINK AS A CLASS WE'VE GOT IT MIXED UP.
SO I DO AGREE WE NEED TO HAVE THE DEFINITIONS.
MY MY HANGUP IS THE PERMANENT PROHIBITION.
I KNOW AARON SAID WE CAN COME BACK AND CHANGE IT, BUT WHY CHANGE IT? I MEAN, WHY NOT? LET'S GO THROUGH THE MORATORIUM AND TAKE THE TIME WHILE WE'RE IN MORATORIUM TO DISCUSS, YOU KNOW, TO I CAME TO THE, THE ANNEXATION DISCUSSION AND DR.
AIKENS SAID, WHAT DOES YES LOOK LIKE? YOU KNOW, I'D SAY THE SAME THING HERE.
INSTEAD OF JUST SAYING NO, THE, THE SHIFT HAS HAPPENED IS LOOK AT WHAT'S HAPPENED WITH TATTOOS.
YOU LOOK AT WHAT'S HAPPENED IN ACCEPTANCE AND A NUMBER OF THESE THINGS TO JUST SAY NO IS JUST, YOU KNOW, NOT IN MY BACKYARD KIND OF CRAP.
BUT IS IT REALLY SOMETHING THAT HUBBERT CAN HAVE CONVERSATION AROUND AND SET STANDARDS THAT LEAD THE, IN, LEAD OTHER, UH, CITIES IN THAT RIGHT DIRECTION? DO WE SET THE STANDARD BY PUTTING SOME THOUGHT INTO THIS AND NOT, INSTEAD OF JUST SAYING ABSOLUTELY NOT, WE'RE NOT GONNA MESS WITH IT AT ALL.
I MEAN, AND THERE ARE THINGS YOU'LL HAVE TO TAKE INTO ACCOUNT, LIKE SECURITY CONCERNS.
THAT'S WHY I DON'T THINK YOU COULD EVER ALLOW ONE IN STRIP PLAZA.
YOU KNOW, THERE'S, THERE'S TOO MANY SECURITY ISSUES AND YOU DO HAVE TO NOT HAVE PEOPLE CAMPED OUT, WANDERING ON THE SIDEWALKS WAITING TO GET IN.
BUT I THINK THOSE ARE ALL THINGS THAT WE CAN ADDRESS THROUGH A DISCUSSION.
I, I WOULD BE IN FAVOR OF EXTENDING THE MORATORIUM ANOTHER SIX MONTHS IF THAT'S WHAT WE HAVE TO DO INSTEAD OF PUTTING A PERMANENT PROHIBITION ON.
'CAUSE I DO AGREE THE STATE IS SORTING IT OUT.
ALRIGHT, ANY OTHER, UH, COMMENTS? MR. SORO, YOU HAVE ANYTHING TO? NO.
UM, I, I THINK WE'LL, UH, WE'LL MOVE THE CONVERSATION ONTO THE NEXT BODY.
NEXT ITEM ON THE AGENDA IS APPROVAL.
THE MINUTES OF THE JULY 9TH, 2024 PLANNING COMMISSION MEETING WILL BE APPROVED.
HEARING NO OBJECTIONS, THEY'RE APPROVED REPORTS AND CALENDAR REVIEW.
SOMEHOW BETWEEN THERE AND HERE, I LOST MY NOTES.
BUT
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A LIGHT, UM, AGENDA.WE HAVE A DOCTOR'S OFFICE EXPANSION THAT IS A, UH, A MINOR CHANGE, UH, OR SORRY, DENTIST OFFICE THAT IS, UH, STILL A DOCTOR
UM, WE'VE HAD, UH, A LOT OF INTEREST, BUT THEY DON'T, THAT HAS NO ONE'S CRUST, THE APPLICATION THRESHOLD OF EV CHARGING.
SO THERE'S A COMPANY THAT, UH, WANTS TO PUT EV CHARGERS DOWN AT THE, THE SHEETS, UH, STATION HERE AT, UH, TAYLORSVILLE AND, UM, OLD TROY PIKE.
UH, AND THEN ALSO TESLA HAD APPROACHED US ABOUT, UH, BANKS, UH, AT MEYER.
THAT WAS RIGHT BEFORE, UH, ELON MUSK FIRED ALL OF THE, UM, EV CHARGING DEPARTMENT FOLKS.
UM, BUT I DO BELIEVE THAT THEY ARE GONNA BE, UH, THEY'RE COMING BACK AROUND.
SO WE ARE SEEING ADDITIONAL, UH, INTEREST IN THAT.
UM, OTHER THAN THAT, UM, THERE HAS BEEN, BEEN SOMEWHAT QUIET, BUT I ANTICIPATE WE'RE GONNA SEE SOME, SOME UPTICK IN, IN DEVELOPMENT.
UM, I AM MEETING WITH, UH, WITH THE DEVELOPER FOR, UM, CARRIAGES TRAILS TWO TO TALK ABOUT NEXT STEPS ON SETTING THE, THE BASIC DEVELOPMENT PLAN, UM, PROCESS AND, AND BRINGING THAT FORWARD AT SOME, SOME POINT IN TIME.
JUST SO YOU'RE AWARE, AARON, HAVE WE HAD ANY, ANY, UH, CONVERSATION ABOUT THE RETAIL COMING TO EXECUTIVE? UH, WITH THE APARTMENTS WE'VE HAD, WE HAVE, UH, WE'VE MET WITH, UH, A NUMBER OF POTENTIAL, UM, TENANTS.
WE ALSO HAVE A, UH, A SIGNED LETTER OF INTENT WITH THE DEVELOPER TO, THAT WANTS TO BUILD OUT THE REST OF THE REMAINING, UM, PROPERTY THAT IS KIND OF EAST OF WHAT, UH, WHERE RH APARTMENTS WERE APPROVED.
SO WE'RE WORKING THROUGH THAT WITH THEM NOW ON THE FINALIZING THE DEVELOPMENT AGREEMENTS.
UH, AND I ANTICIPATE THAT THEY'RE GONNA BE COMING FORWARD, UM, COMING FORWARD PRETTY SHORTLY.
UM, REVERB DID CLOSE ON THEIR PROPERTY.
UM, SO, AND THEY ANTICIPATE THEY, THEY SHOULD BE BREAKING GROUND THE 1ST OF SEPTEMBER.
THAT WAS, UH, THAT'S THEIR SCHEDULE.
SO THEY DID CLOSE ON THEIR PROPERTY.
UH, AND THAT'S MOVING FORWARD.
MS. AND, AND IS THAT FOR CARRIAGE TRAIL? CARRIAGE TRAILS TWO.
AND I WAS AT, I WA I MISSED THE LAST MEETING.
CAN YOU, UH, BRING ME UP TO DATE ON THE ANNEXATION? DID THAT HAPPEN? THE ANNEXATION WAS APPROVED.
UM, I FILED IT TODAY WITH MIAMI COUNTY, SO IT WAS RECORDED TODAY.
UH, AND SO THAT IS, THAT IS ALL, UH, BUTTONED UP.
SO THE MEETING THAT YOU'RE HAVING IS NOT ABOUT CARRIAGE TRAIL TWO? IT, IT IS, IT'S ABOUT SETTING THE DEVELOPMENT STANDARDS IN FRONT OF THIS BOARD MOVING FORWARD.
AND THE PROCESS TO FOLLOW, SINCE I WASN'T AROUND FOR CT ONE, I JUST WANT TO MAKE SURE THAT WE'VE, WE'RE ALL ON THE SAME PAGE AS FAR AS THE, THE PATH FORWARD AND THERE'S ESSENTIALLY NOT A LOT OF DIFFERENCE AT THE MOMENT.
ANYTHING ELSE TO BRING BEFORE THE, UH, PLANNING COMMISSION? ANYONE? UH, YES.
I WOULD LIKE TO CONGRATULATE MR. RELL.
UH, I UNDERSTAND HE IS NOW ASSISTANT CITY MANAGER.
HE'S GONNA STAY WITH US
I THINK THAT THAT'S, UH, THAT'S ALL I HAVE.
AND HEARING NOTHING ELSE, WE ARE ADJOURNED.