Dayton Daily News

Huber may revisit medical pot issue

Councilman drafts proposal after council rejects zoning change.

- By Will Garbe Staff Writer

A Huber Heights councilman has drafted new proposed legislatio­n that would give the medical marijuana industry a second chance to come to the community.

T he changes proposed by Councilman Richard Shaw would remove any mention of dispensari­es, address issues with odors, add a 200-foot barrier between cultivator or processor businesses and residentia­l properties, and includes a requiremen­t for marijuana businesses to share with local police their plans for haz- ardous waste.

Shaw said he has reviewed about 15 zoning changes related to medical marijuana in other Ohio communitie­s. He said Huber Heights would be the first community to adopt the above measures.

“I’ve been working on this, researchin­g medical marijuana for over 10 months,” Shaw said. “A lot of the changes in there are not found in any of the other ordinances in the state of Ohio.”

The proposed legislatio­n will be discussed at a Sept. 5 work session.

In July, Huber Heights City Council voted down a zoning change to allow medical marijuana cultivator­s, processors

and distributo­rs, and addition-

ally passed a moratorium on the industry in the city. The vote on both measures — rejection of the change to the zoning code and approval of the moratorium — was 6-2.

The vote against medical marijuana went against the recommenda­tion of the city’s planning commission and

was a setback for a group of businessme­n who wanted to start a cultivatio­n facility, though they said they would

still fight to bring their busi- ness to the community. An attorney for FW Green

Investment­s LLC, the firm that sought to start a cul-

tivation facility in Huber Heights, said the company is still interested in locating within the city. The compa

ny’s general counsel, Steve Anevski, said there is support for legislatio­n that would allow the company to move into the city.

In June, FW Green filed a zoning applicatio­n with the city for a medical marijuana

facility in a 96,000-squarefoot building at 5051 Kitridge Road. At the time, Anevski said the site represente­d about $10 million in investment in the community and could create 150 jobs by the time it scaled up to phase three growth area of 75,000 square feet.

The vote was claimed as a victory for a host of citizens who vocally opposed the measure.

Councilman Mark Campbell, who voted for the moratorium, said that he will look at what Shaw has introduced during the moratorium period. Still, he has reservatio­ns about what marijuana could do to the city’s image.

“This still boils town to me as an image and branding issue for the city of Huber Heights,” Campbell said. “I haven’t seen a cost-benefit analysis that outweighs the risk.”

Ohio legislator­s passed a law in June 2016 allowing

medical cannabis to be prescribed under certain con

ditions to patients suffering one or more of 20 qualifying medical conditions.

Other suburban communitie­s continue to grapple with the marijuana issue.

Moraine’s planning commission has recommende­d approval of banning medical

marijuana operations in the city. The issue will be part of a public hearing, likely in

September. The city has had a moratorium on the issue for more than a year.

Springboro continues to move toward prohibitio­n.

Riverside’s council is considerin­g selling land to a marijuana cultivator.

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