The Stow City Planning Commission on Nov. 27 rejected a request by Jushi (operating retail as Beyond Hello) for conditional-use approval, site-plan approval and variances to allow an adult-use cannabis dispensary at 4149 Steels Pointe Drive.
Staff member Zach opened the item, describing a proposed 2,400-square-foot building with 27 parking spaces (including two ADA spaces), a landscaping plan approved by the city arborist (9.3% interior parking landscaping, 12 new trees and about 103 shrubs) and variances sought from Stow’s 1,000-foot buffers from residential districts and from schools/daycare facilities. Zach noted the site is approximately 955 feet from a daycare at 4117 Bridgewater Parkway and that under current city code the parcel abuts an R‑1 residential district, triggering the 1,000-foot residential buffer requirement.
Attorney Chris Niekamp and Justin Carey, head of real estate for the applicant, told commissioners the company has multiple regulated dispensaries and argued the parcel meets the Division of Cannabis Control’s building-measurement standard (which measures from the building, not property line) and that state law establishes a 500-foot school setback. Carey said the company had the site under contract and that delaying action risked losing the property and the region’s remaining state license slot.
Nearby resident Phil Herman said he owns the land adjacent to the parcel and urged the commission to deny the variances, saying Stow adopted an ordinance earlier this year to protect schools and residential areas and that reducing the residential buffer from 1,000 feet to zero would “effectively place the dispensary inside of what is our established neighborhood.” He said his home sits roughly 600 feet from the parcel and that a nearby school bus stop is about 310 feet away.
Commissioners discussed measurement methods (property-line vs. building face) and noted a separate, pending code revision scheduled for third reading at council on Dec. 4 that, if adopted, would alter setback rules. Several public speakers and the applicant debated whether the city should mirror state law or retain Stow’s stricter 1,000-foot standard.
A motion to approve application PC25-31 as presented was moved and seconded. During roll call, the transcript records Mrs. Treptow voting yes and Mr. Wagner and Mr. Basic expressing opposition; the chair declared the motion failed. The transcript does not contain a complete, unambiguous list of every roll-call "Yes/No" for that motion.
The commission did not approve the variances or the conditional use; staff noted the application remains subject to current city code and any future council action that may change setback requirements.