Council refers conditional-use application for Highland Square vape shop after mixed public comment

Akron City Council on June 9 referred a conditional-use application from Fly High Enterprise Inc. seeking to operate a vape shop at 822 West Market Street after a lengthy public hearing that included both supporters and opponents.

Planning staff told council the store would be defined as a vape shop if it sells 25% or greater vape products and that planning staff and the planning commission recommended disapproval, citing concerns including proximity to a school. Planning staff also noted the property is in a retail UPD 5a district and said current code defines a vape shop by the 25% sales threshold; the petitioner’s attorney said the store's current vape product share is believed to be closer to 15% but the petitioner filed the application to be designated a vape store.

Attorney Jack Morrison spoke for the petitioner, Mohammed Trish of Fly High Enterprise Inc., saying the lessee had opened the smoke shop after receiving signage approval and that the business is located in Highland Square among other retail and entertainment businesses. Morrison noted the petitioner believes the store does not exceed the 25% threshold but applied for the conditional-use permit to resolve zoning questions. He said the petitioner confirmed there were no other vape stores within the 2,500-foot registry restriction.

Opponents included Reverend Pamela Pinkney, who said she was "against any more vape shops being opened in the city of Akron" and cited health and community concerns. Property owner Rud Judson "Ted" Baer II spoke in opposition to perceived political consequences of the shop's presence for future grant requests to improve his longtime movie theater property, and he testified about prior experience renting to similar businesses without problems.

After public comment, Councilman Fusco moved to refer the item. The motion to refer passed with the committee voting to refer; council recorded votes (Kammer: yes; Connor: yes; Boyse: yes; Hannah: abstain) and the item was referred. Council members raised procedural questions about why the business was permitted to open before filing this conditional-use application; planning staff said signage and opening occurred before the vape definition and registry process prompted the conditional-use filing and that the current ordinance treats a store as a vape shop when 25% or more of sales are vape products. Planning staff also noted a moratorium that staff said will be used to review smoke- and vape-related uses going forward.