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RIGHT.

[ AGENDA CITY PLANNING COMMISSION City Hall - Council Chambers 6131 Taylorsville Road May 25, 2021 6:00 P.M. ]

[00:00:05]

I SHALL CALL A MEETING, THE CITY HUBER HEIGHTS PLANNING COMMISSION, WHO BORDERS SECRETARY, PLEASE CALL THE ROLL.

MR. JEFFREY'S HERE.

MS. HOP.

YEAH, IT'S THOMAS HERE.

IT'S MARGO.

YEAH.

MR. WALTON HERE.

I HAVE NOBODY REMARKS AS ANYONE ELSE ON THE DYES AND HEARING NONE.

THIS IS THE, UH, TIE FOR CITIZEN'S COMMENTS.

THIS IS THE APPROPRIATE TIME FOR CITIZENS COMMENTS, NOT PERTAINING TO ITEMS ON THE AGENDA AND HEARING NONE.

WE'LL MOVE ON WITH SWEARING A WITNESSES.

I ANNOUNCED IN ACCORDANCE WITH 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.

SO I ASK EVERYONE TO STAND, RAISE YOUR RIGHT HAND AND RESPOND.

I DUE TO THE FOLLOWING, HAVE YOU HEREBY SWEAR OR AFFIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH SO HELP YOU GOD, PLEASE BE SEATED.

I ALSO ASK ANYONE WISHING TO SPEAK THE EVENING AT THE APPROPRIATE TIME TO STEP TO THE PODIUM AND A SIGN IN ON THE SIGNING SHEET PROVIDED AND SPELL THEIR NAME FOR THE RECORD.

WE HAVE NO PENDING BUSINESS OR FIRST ITEM, A NEW BUSINESS AS A MINOR CHANGE.

THE APPLICANT GENERATIONS CONSTRUCTION IS REQUESTING APPROVAL OF A MINOR CHANGE TO REDUCE THE 50 FOOT REAR YARD SETBACK AT 78 15 WEDGE MIRROR CIRCLE ZONING CASE 21 DASH 18.

MR. FOULK HOUSE.

THANK YOU.

GOOD EVENING.

UH, THE FIRST CASE TONIGHT AT, UH, 78 15, WHICH MIRROR CIRCLE, UH, THIS IS AT THE END OF A CALL TO SEC AND MIRROR FARMS AND IT SETS A KIND OF AN ODD SHAPE LOCKED, UH, AS IT ENTERS INTO THE CUL-DE-SAC.

UH, SO THE REQUEST TONIGHT IS TO BUILD A NEW HOME THAT IS, UH, UH, JUST UNDER 1700 SQUARE FEET IN AREA.

UM, AND THEY WOULD LIKE TO PLACE THIS HOME THAT IS, UH, BASICALLY PARALLEL TO THE MAIN STREET COMING INTO THE CUL-DE-SAC.

SO THE, AS THEY HOUSE FRONTS DIRECTLY STRAIGHT ON TO THAT CURB LINE, AS YOU CAN SEE, AS YOU GET INTO THE CUL-DE-SAC, UH, THE LOT KIND OF, UH, SHRINKS A LITTLE BIT, UH, TO THE SOUTH, AND THAT'S WHERE THE ISSUE COMES FOR, UH, TECHNICALLY WHAT THE REAR YARD IS.

SO THE REAR YARD IN HERE IN THIS AREA IS A 50 FOOT.

SO DIRECTLY BEHIND THE HOUSE.

IF YOU GO STRAIGHT BEHIND THE HOUSE, IT MEETS ALL THE REQUIREMENTS.

IT'S JUST THE, UH, THAT SETBACK THAT GOES OFF THAT ONE CORNER, UH, TO THE WEST OF, UH, 40.8 FEET TO THE PROPERTY LINE THAT WOULD VIOLATE THE 50 FOOT REAR YARD SETBACK.

UM, WE'VE HAD SIMILAR LOTS BEFORE THAT, UH, HAVE SOME OF THOSE ODD ANGLES THAT, UH, SOMETIMES COMES INTO QUESTION ABOUT WHAT THE REAR YARD IS, WHAT THE SIDE YARD IS AND HOW TO MEASURE IT.

UM, WITH THIS, UH, LIKE I SAID, THAT LINE THAT'S 185 FEET.

THAT IS A REAR PROPERTY LINE.

SO IT COMES IN 50 FEET FROM THERE IS WHERE YOU MEASURE IT.

SO IT'S JUST THE CORNER OF THIS HOUSE THAT DOES VIOLATE THAT.

SO THAT'S THE REASON FOR THE REQUEST FOR A MINOR CHANGE TO BE ABLE TO PLACE THIS HOME, UM, ON THIS LOT, THEY DID EVERYTHING THEY COULD TO PUSH IT, UH, TO THE, UH, AS FAR TO THE PROPERTY LINE, AS THEY COULD TO THE NORTH, UM, TO, UH, KEEP IT OUT OF THE AREA WHERE IT GETS EVEN SMALLER.

UM, I'LL, I'LL BACK UP AND YOU'LL SEE THE AREA THAT, UH, IS IN QUESTION BEHIND IT IS, UH, WE'LL CALL IT KIND OF OPEN SPACE.

IT'S NOT UP NEAR WHERE THE HOUSE OR THE OUTBUILDING IS FOR THE NEIGHBORING PROPERTY.

UM, AND THEN YOU SEE THE PROPERTY NEXT TO IT, UM, IS ACTUALLY EVEN CLOSER TO THAT LINE BECAUSE THAT WAS LOOKED AT AT THAT TIME AS A SIDE YARD.

SO THAT'S, UH, THAT'S HOW DIFFERENT WAYS OF LOOKING AT THINGS IN DIFFERENT WAYS OF LOOKING AT LOTS CAN BE.

SO, UH, THIS HOUSE WILL BE FURTHER AWAY FROM THAT PROPERTY LINE, THEN THE HOUSE NEXT TO IT, THAT'S TO THE SOUTH DUE TO JUST A DEFINITION OF WHAT A SIDE YARD AND A REAR YARD.

SO, UM, THAT IS THE REQUEST.

STAFF RECOMMENDS APPROVAL.

ONLY ANSWER ANY CALLS, ANY QUESTIONS FOR STAFF WE'LL OPEN IT UP TO THE PUBLIC.

IS THERE ANYONE WISHING TO SPEAK FOR THE APPLICANT? GOOD EVENING.

MY NAME'S JEFF IT'S, UH, G R I S AS IN SAM, E Z ON BEHALF OF GENERATIONS CONSTRUCTION, I WILL SAY THANK YOU FOR YOUR CONSIDERATION.

THE HOME IN QUESTION, WE MOVED IT AROUND ON THE LOT AND WE FELT LIKE THIS WAS THE BEST CONFIGURATION.

UH, THE HOMEOWNER IS LOOKING FOR

[00:05:02]

WHAT THE IDEA OF THIS WAS THAT THEY'RE GOING TO PUT IN A POOL AND THEY WANTED SOME SPACE TO HAVE A BIG OPEN AREA.

SO IF YOU LOOK AT THE AREA THAT SAYS LOT ONE OH FIVE, WE FELT LIKE THAT GAVE HIM A GREAT REC AREA FOR THEM TO DO THINGS.

AND THEN STILL LEFT A NICE SPACE IN THAT 85 FOOT TO 69 FOOT RANGE TO PUT A POOL AND STILL HAVE A BACKYARD AND HAVE SOME PRIVACY WITH IT.

SO THIS IS KIND OF THE BEST OF, OF THE RESTRICTIONS, SO TO SPEAK SO APOLOGIZE, WE COULDN'T GET IT IN, IN THE 50 FOOT, BUT WE APPRECIATE YOUR CONSIDERATION.

THANK YOU.

ANY QUESTIONS FOR THE APPLICANT? THANK YOU, SIR.

THANK YOU.

IS THERE ANYONE ELSE WISHING TO SPEAK ON THE ZONING CASE? WE SHALL CLOSE THE PUBLIC PART OF THE ZONING CASE.

UM, WHAT ELSE HAPPENING IN THE BREAK? THERE'S AN ORDER FOR APPROVAL.

I'M SORRY.

I KNOW FOR APPROVAL.

OKAY.

UH, MOTIONS MOVED.

WELL, LET ME ASK YOU THIS, AND THEN YOU CAN, YOU CAN SHOOT THAT AT ME HERE.

UM, IS THERE A, UM, UH, A REQUEST BY THE APPLICANT GENERATION CONSTRUCTION NUMBER, MINOR CHANGE TO THE REAR YARD SETBACK FOR LOT ONE OH FIVE OF THE CALENDAR MERE FARMS, SUBDIVISION ZONING CASE 21 DASH 18 IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF'S MEMORANDUM DATED MAY 20TH, 2021 IN THE, IN THE PLANNING COMMISSION'S DECISION RECORD ATTACHED THERE TO MOVE BY MS. VARGA, IS THERE A SECOND? IT'S LIKE BY MISS UP SECRETARY, PLEASE CALL THE ROLE MR. JEFFRIES.

YES.

MS. STOP.

YES.

MS. THOMAS.

YES.

MISS BARGO.

YES.

MR. WALTON.

YES.

MOTION PASSES FIVE TO ZERO.

WHAT'S NEXT FOR THE APPLICANT.

UM, THE NEXT STEP, WE'LL BE ABLE TO GET PERMITS THROUGH THE ZONING.

PERFECT.

GREAT, GOOD LUCK.

THANKS.

NEXT ITEM.

UNDER NEW BUSINESS IS A MAJOR CHANGE.

THE APPLICANT KYLE FLAMING IS REQUESTING APPROVAL OF A MAJOR CHANGE TO BUILD AN OIL CHANGE FACILITY AT 7,536 BRAND PIKE ZONING CASE 21 DASH 17.

MR. .

THANK YOU.

UH, 75 36 BRANDT PIKE IS LOCATED, UH, JUST TO THE NORTH OF THE HARDEE'S RESTAURANTS, WHICH IS AT THE INTERSECTION OF TAYLORSVILLE ROAD AND BRANDT PIKE.

UH, THIS IS LOCATED ON THE EAST SIDE OF THE ROAD.

THIS, UH, USED HAS BEEN A COUPLE THINGS THROUGH THE YEARS, UH, AN OLD GAS STATION, A SMOKE SHOP, UM, AND IT'S NOW BEEN, UH, TORN DOWN.

THERE'S STILL SOME FOUNDATIONS LEFT ON THE PROPERTY AND STILL, UH, SOME OF THE OLD PAVEMENT, UH, LEFT ON THE PROPERTY.

UM, SO THIS WAS A REZONE TO PLAN COMMERCIAL YEARS AGO.

UM, AND THAT'S WHY IT IT'S COMING IN AS A MAJOR CHANGE AS, UH, THE, THIS IS STILL A PLAN COMMERCIAL USE THAT'S BEING REQUESTED.

UH, SO THE REQUEST IS TO, UH, BUILD A NEW OIL CHANGE FACILITY, UM, A QUICK LUBE TYPE PLACE, UH, LOCATED, UH, AT THIS PROPERTY, THE SITE ITSELF, THEY ARE LOOKING TO CLOSE OFF THE NORTHERN, UH, CURB INLETS AND, UH, JUST HAVE THE ONE ACCESS POINT ON THE SOUTH SIDE OF THE PROPERTY.

SO YOU HAVE THE ENTRANCE COMING IN OFF OF BRAND PIKE, AND BASICALLY YOU CIRCLE AROUND TO THE BACK OF THE BUILDING AND ENTER INTO THE FACILITY IN YOUR CAR.

THIS IS ANOTHER ONE OF THE, THE STYLE WHERE YOU STAY WITHIN YOUR CAR AND YOU GO IN AND YOU HAVE YOUR OIL CHANGE AND OTHER, UH, POTENTIAL MAINTENANCE, UH, DONE.

AND THEN YOU DRIVE OFF WHEN YOU'RE COMPLETE.

SO IT'S NOT ONE WHERE YOU, UH, PARK GO WALK AWAY, SIT INTO A, UH, WAITING ROOM OR COME BACK LATER OR THAT KIND OF THING.

SO, UM, WITH THAT, WE HAD A SIMILAR CASE LIKE THIS, UH, DISCUSSION ABOUT PARKING SPACES.

THERE'S NOT THE NEED FOR VISITOR PARKING SPACE, THIS SITE, BECAUSE YOU STAY IN YOUR CAR.

SO THE PARKING SPACES, THERE ARE BASICALLY JUST FOR EMPLOYEES, UM, AND, UH, UM, YOU KNOW, THE POTENTIAL FOR, UH, A VISITOR.

BUT, UM, IT DOESN'T NEED TO BE AS MANY AS WHAT WE TYPICALLY WOULD USE FOR A COMMERCIAL STRUCTURE.

UM, SO WITH THAT, UH, THERE ARE UTILITIES STUMPED TO THE PROPERTY ITSELF.

SO THEY'LL UTILIZE, UH, THE SANITARY AND THE MONITOR SERVICE.

THERE'S ALREADY THE PUBLIC UTILITIES THERE.

THIS SITE ITSELF, UM, DRAINS TO THE REAR AND, UH, THEY WILL BE REDUCING THE AMOUNT OF IMPERVIOUS AREA.

SO THERE WE, UH, TEARING UP THE OLD, EXISTING PARKING AREA AND THIS PARKING AREA, AS I MENTIONED, IS A LITTLE SMALLER.

SO THEY'LL,

[00:10:01]

UH, BE ADDING A LITTLE MORE GREEN SPACE TO THAT.

UH, SO THEY HAVE SUBMITTED A FULL, UH, DESIGN DRAWINGS FOR DRAINAGE, UM, TO MAKE SURE THAT, UH, THERE IS NO FLOODING GOING ON TO THE NEIGHBORING PROPERTIES THAT WILL, UH, FLOW AT THE, UH, UH, AROUND THE SAME AREAS AS WHAT SITE CURRENTLY DOES.

THERE IS, UH, A, THE PROPERTY TO THE REAR IS ZONED COMMERCIAL, AND THEN A PROPERTY I'LL CALL IT TO THE, UH, SOUTH, UH, EAST.

THERE'S A LITTLE BIT OF A CORNER THERE THAT IS CONNECTED TO THE RESIDENTIAL PROPERTY THAT FRONTS OUT ON TO TAYLORSVILLE ROAD.

THAT AREA IS NOT BEING DISTURBED, THAT THEY ARE GOING TO LEAVE THE TREES AND VEGETATION, UM, OF, UH, IT'S OVER 30 FEET FROM THAT CORNER, FROM WHERE THEY'LL HAVE ANY KIND OF DISTURBING, UM, OF, UH, UH, TO DO THIS DEVELOPMENT.

THEIR AMOUNT OF, UH, DISTURBING IS ACTUALLY LESS THAN WHAT THE CURRENT, UM, PAVED AREA IS.

SO THEY'LL REMOVE SOME PAINTING AND PUT SOME ADDITIONAL, UH, VEGETATION AT THE REAR OF THE LOT AS WELL.

UM, SO, UM, LANDSCAPING, THERE'LL BE ADDING ADDITIONAL TREES AND BUSHES AND FLOWERS AND SHRUBS THROUGHOUT THIS PROPERTY.

SO A LOT MORE THAN WHAT'S OUT THERE NOW.

AND THEN THE BUILDING ITSELF IS ALL MASONRY, EXCEPT FOR WHERE THE WINDOWS ARE FOR THE, UH, THE MAIN GARAGE DOORS.

CAUSE THEY'LL HAVE THREE BAYS, UH, THAT, UH, WILL BE UTILIZED FOR THIS FACILITY AND, UH, MULTIPLE COLORS OF , UM, THAT, UH, GIVES IT A LITTLE BIT OF DEPTH, UH, THE APPLICANTS HERE.

AND I'LL BE HAPPY TO ANSWER ANY QUESTIONS.

EXCUSE ME.

ARE THERE ANY QUESTIONS FROM STAFF MS. MARGO, UM, YOU DIDN'T ADDRESS THE FIRE, A COUPLE OF CONCERNS THAT THE FIRE DEPARTMENT HAS.

SO, UH, THE, UM, I HAD A DISCUSSION WITH THE FIRE DEPARTMENT ON THEIR, UH, ONE OF THEIR, UM, SAY ISSUES THAT THEY PUT IN THERE IS ABOUT HOW THEY WOULD ACCESS THE PROPERTY IF THERE WERE AN EMERGENCY, UM, A VEHICLE FIRE OR SOMETHING LIKE THAT, UM, THAT THEY WILL WORK WITH THE APPLICANT ON TURNING RADIUS ABOUT HOW TO MAKE, BE ABLE TO GET IN AND GET OUT.

UM, SO THAT'S SOMETHING THAT CAN BE HANDLED, UM, AFTER APPROVAL, UM, WITH WHETHER IT'S A, WE'LL CALL IT A HAMMERHEAD OR SOMETHING LIKE THAT.

UM, SOME OF THE THOUGHT AND THE DISCUSSION WAS WOULD WE REQUIRE THEM TO MAKE A SECOND ENTRANCE AND LEAVE THE, UH, THE CURB CUT TO THE NORTH.

UM, BUT, UH, THE FIRE CHIEF THOUGHT THAT WAS OVERKILL, THAT THAT WOULD NOT BE NECESSARY.

IT WAS JUST JUST ENOUGH THAT IF THEY NEEDED TO GET, UH, ONTO THE SITE, THAT THEY'D BE ABLE TO BACK AND MAKE A TURN.

UH, SO, UH, THERE A REVIEWER HAS LOOKED AT, UM, THEIR OVERLAY OF THEIR TRUNKS ON HOW TO MAKE THIS WORK, AND THEY FEEL THAT, UH, JUST A LITTLE NOTCH, UM, IN, UM, AN AREA CAN MAKE THIS WORK, UM, SO THAT THEY CAN MAKE THAT TURN AND COME BACK OUT.

SO THE FIRE DEPARTMENT IS OKAY IF THERE'S ONLY SPACE TO BACK UP, BUT IN OUR REPORT FROM HIM, HE SAYS THAT WE RECOMMEND A TURNAROUND AND IS THAT NOT GOING TO BE POSSIBLE? UM, SO AS, AS I SAYS, THERE'S RECOMMENDATIONS AND REQUIREMENTS.

SO, UH, THE FIRE CHIEF, THIS WAS WRITTEN BY THE REVIEWER AND, UH, TO BE ABLE TO, THEY RECOMMEND THE BEST POSSIBLE WAY TO GET A FIRE VEHICLE ON AND OFF THE SITE AND THE BEST FIRE CHIEF, UH, I HAD THE DISCUSSION WITH, IT SAYS THERE'S WAYS TO DO THAT WITHOUT MAKING THE WHOLE SITE PAVED.

SO THERE'S, THERE'S SIMPLE WAYS THAT'S A, THAT CAN BE DONE.

AS I MENTIONED, THAT THE HAMMERHEAD TYPE, UM, TURNAROUND IS PROBABLY THE, AND THEN THE SECOND THING THAT HE ADDRESSED WAS, UM, THE POTENTIAL FOR THE NEED OF A SECOND FIRE HYDRANT IS A FIRE SPRINKLER GOING TO BE REQUIRED IN THIS BUILDING.

I DON'T KNOW IF IT IS OR NOT, BUT IF IT IS, UM, THERE'S, UH, PLENTY OF PLACES TO ADD A FIRE HYDRANT TO THIS SITE.

OKAY.

THAT'S ALL I HAVE.

AND THAT'LL GO THROUGH THE BUILDING PERMIT PROCESS, UH, WITH MONTGOMERY COUNTY, UH, TO HAVE THOSE FINAL DETERMINATIONS.

OKAY.

SO WE DON'T NEED IT.

AND IN OUR FINAL DETERMINATION, WE GET DRESSED SENT, UM, AS NUMBER THREE, THE APPLICANT SHALL ADDRESS ALL FIRE DIVISION COMMENTS PRIOR TO A ZONING CERTIFICATE

[00:15:01]

BEING AN ISSUE.

OKAY.

THANK YOU, SCOTT.

ANY OTHER QUESTIONS FOR STAFF FOR JEFFRIES? DID WE KNOW ON THE, UH, ARE WE TALKING ABOUT THE PARKING SPACES? BECAUSE IT SAYS OUR MINIMUM IS SIX SPACES CODE WOULD BE 12.

I UNDERSTAND WE DON'T NEED TO HAVE PARKING FOR PEOPLE TO COME IN AND SHOP, BUT IF OUR MINIMUM IS SIX AND WE'RE AT FIVE, DOES THAT MEAN THAT ONE OF THOSE FIVE IS A HANDICAP SPOT? SO AT THEIR MAX SHIFTS, THEY'RE ONLY GOING TO HAVE FOUR EMPLOYEES WHEN THEY HAVE THREE BAYS.

UM, THAT SEEMS LOW COMPARED TO WHAT THAT MODEL WOULD BE.

I WOULD THINK WOULD BE AT LEAST TWO UNDERGROUND, IF NOT THREE, WELL THREE.

SO WE DON'T HAVE ENOUGH PARKING SPACES FOR STAFF.

I DON'T KNOW THE MAXIMUM AMOUNT OF, UH, UM, EMPLOYEES.

UM, I'LL BE HONEST.

I TOOK THIS FROM A SIMILAR SIZE BUILDING.

SO, UM, YEAH, I JUST KNOW I HAD RECENTLY HAD AN OIL CHANGE AT A DRIVE-THRU ANOTHER STYLE LIKE THIS, AND THERE WERE CARS PARKED EVERYWHERE IN THE BACK CORNERS AND AROUND THE PLACE.

AND IF WE'RE TALKING FIRETRUCKS, TURNING RADIUS, IF WE START FILLING THE PARKING LOT WITH ADDITIONAL CARS, THAT'S GOING TO IMPEDE A VEHICLE WHERE I THINK WE NEED TO MAKE SURE THAT IF WE SAID THAT REQUIRED PARKING SPACES TO, FOR EACH BAY PLUS ONE SPACE FOR EACH EMPLOYEE ON THE LARGEST SHIFT, GET THE FACT THAT WE DON'T NEED THE RETAIL PARKING, BUT WE DO AT LEAST NEED THE ONE PER SPACE FOR EACH EMPLOYEE ON THE LARGEST SHIFT.

AND W WE CAN ASK THE APPLICANT ABOUT THE NUMBER OF EMPLOYEES AND, UM, UH, I'LL GIVE AN EXAMPLE.

THERE CAN BE PARKING SPACES ADDED DIRECTLY TO THE NORTH, UM, THAT, UH, THAT'S AN AREA THAT CAN BE ADDED.

AND THEN I GUESS, SORRY.

OKAY.

GIVEN THAT THE, THE TRAFFIC WE KNOW DOWN TO A ONE, TWO OH TWO AND THE PROXIMITY, LIKE THIS IS PRETTY CLOSE TO THAT LIGHT AT THE CORNER.

SO IF PEOPLE ARE TRYING TO TURN LEFT OUT OF THERE, WE COULD HAVE A POTENTIAL DELAY IN EXITING.

SHOULD WE LOOK AT HAVING A RIGHT AND LEFT EXIT OUT OF HERE INSTEAD OF JUST A SINGLE LANE EXIT OUT, MEANING WE HAVE ONE WAY IN ONE WAY OUT RIGHT NOW.

SO THE PEOPLE LEAVING CAN TURN RIGHT OR LEFT.

SHOULD WE HAVE THREE LANES? TOTAL IS WHAT I'M SAYING TO KEEP THEM FROM BEING BACKED UP INTO THEIR OWN BAY, IF SOMEBODY HAS A HARD TIME MAKING THAT LEFT TURN.

UM, BUT THE WAY I LOOKED AT THIS, UH, BECAUSE I, I DID LOOK AT, WOULD IT BE BETTER TO MOVE AND UTILIZE THE NORTHERN, UH, CURB CUT? UM, I DON'T SEE THIS AS WHERE THERE'S A LOT OF STACKING OF PEOPLE LEAVING DUE TO THE TIMING OF OIL.

SO I DON'T THINK THAT WE WOULD HAVE REALLY, ALMOST EVER EXCEPT FOR WHEN THEY CLOSE AND THEIR EMPLOYEES LEAVE MORE THAN POTENTIALLY TWO PEOPLE TRYING TO EXIT THE SITE.

SO, UM, FELT THAT IT WOULD BE ACCEPTABLE THAT IF THEY HAD TO WAIT, THAT WOULD BE A REASONABLE WAY TO TERM.

ANY OTHER QUESTIONS FOR STAFF MICHELLE, OPEN IT UP.

IS THERE ANYONE WISHING TO SPEAK FOR THE APPLICANT? UH, THANK YOU SO MUCH.

MY NAME IS MATTHEW GILBERT.

I'M A DRIVEN BRANDS.

UH, THE OWNER OF TAKE FIVE OIL CHANGE, UM, AMONG MANY, MANY OTHER BRANDS, UH, AND, AND, UH, UNITED STATES.

UM, I DO APPRECIATE YOUR QUESTIONS AND I APPRECIATE YOUR ALL'S TIME.

UH, THIS AFTERNOON, WE LOOK FORWARD TO BUILDING A STORE IN UBER HIKES AND, UH, YOU KNOW, WE'RE VERY EXCITED ABOUT BEING A PART OF THIS COMMUNITY.

UM, TWO QUESTIONS THAT WAS, UM, REQUESTED BY STAFF THAT I JUST HEARD ABOUT FIVE MINUTES AGO.

UM, THE FIRST ONE BEING THE FIRE MARSHALL'S CONCERNS.

IF YOU LOOK, YOU DON'T HAPPEN TO HAVE A LICENSE, WELL, THEY DON'T WORK ON THE SMART BOARD.

SO WE DON'T CAN IT, CAN I WALK OVER HERE AND BE CAREFUL WITH THE TOUCH, YOU KNOW, WITH THE MONITOR AND YOU GET ABOUT 60 FOOT.

SO WHAT WE'LL DO IS WE'LL COME BACK ON THIS LAND HERE, AND THEN YOU WOULD TURN AROUND SO THAT YOU HAVE LESS THAN 60 FOOT AROUND HERE, OUR TRUCK, YOU KNOW, THE SECOND QUESTION.

OH, WAIT, WAIT, WAIT, BEFORE YOU, BEFORE YOU MOVE AWAY FROM THAT, IS THAT AREA GOING TO BE PAVED OR IT WOULD JUST BE AVAILABLE GRAVEL OR SOMETHING FOR A TURNAROUND? YES MA'AM.

SO WE CAN LOOK AT, YOU KNOW, DOING CONCRETE, THAT'S EASY FOR US TO DO, BUT, YOU KNOW, WE ARE LOOKING AT THIS RESIDENTIAL LOT PROPERTY.

SO THERE'S MANY DIFFERENT PRODUCTS THAT WE UTILIZE ACROSS THE UNITED STATES.

SO YOU'LL

[00:20:01]

SEE CONCRETE AND ALL THAT STABILIZATION.

SO WE CAN DO THAT BACK IN THIS CORNER.

SO THE SECOND QUESTION THAT, UH, UH, SO OUR, OUR STORE HAS REBATES, UM, MAXIMUM CAPACITY, MAYBE FIVE, SIX EMPLOYEES.

SO WE HAVE NO ISSUES ADDING A COUPLE OF EXTRA PARKING SPACES.

UM, WE BUILD THESE STORES EVERYWHERE AND, YOU KNOW, FOUR OR FIVE PARKING SPACES IS ALWAYS SUFFICIENT, BUT WE CAN ADD ADDITIONAL PARKING SPACES THAT WAY, THAT YOU MAKE SURE THAT THERE'S ADDITIONAL SPACES FOR EMPLOYEES, PARKING SOMEBODY, YOU KNOW, FAMILY REASON LUNCH, AND THEY TALK AT THEIR BREAK, WHATEVER.

SO WE CAN DEFINITELY ADD MORE PARKING SPACES.

THAT'S NOT AN ISSUE.

UM, SO I THINK THAT WITH THOSE TWO CONCERNS RAISED, WE CAN EASILY CORRECT THAT ISSUE.

UM, AND, AND THEY CAN MOVE FORWARD WITH, WITH THE APPROVAL, UM, FIRE HYDRANTS.

WE CAN ADD FIRE HYDRANTS AS WELL.

YOU KNOW, THAT'S, THAT'S NOT AN ISSUE.

WE JUST WANT TO MAKE SURE THAT AS WE PROCEED FORWARD, UM, BUILD A STORE THAT WE CAN HAVE THE CITY OF HUBRIS.

IT'S IMPORTANT TO BUILD OUR, UH, OUR STORE.

UM, THE LAST QUESTION THAT WE HAD REGARDING THE EXIT SPACE FOR THE DRIVEWAY, UH, SCOTT, THANK YOU SO MUCH.

YOU DID A GREAT JOB OF TALKING ABOUT OUR SITUATION, OUR OPERATIONS.

UH, RIGHT NOW WE CAN PROPOSE A 36 FOOT WIDE DRIVEWAY, WHICH LEAVES YOU THREE 12 FOOT PARKING SPACES, ONE ENTRANCE, AND THEN ONE LEFT TURN ONE, RIGHT TURN, UM, 12 FOOT WIDE, WHICH IS THE, YOU KNOW, THE MAXIMUM WIDTH, YOU KNOW, OUR STANDARD, UM, LANE DIMENSION.

SO TWO LEFT TURNS LIKE MR. SCOTT SAID, YOU KNOW, YOU KNOW, YOU'RE NEVER GOING TO REALLY HAVE A LOT OF PEOPLE KIND OF LEAVE WORK, CONVENIENCE STORE, JUST LIKE A GAS STATION.

YOU'RE GOING TO GO IN, GET YOUR OIL CHANGED, SIT IN YOUR CAR FOR FIVE MINUTES AND THEN, YOU KNOW, BE ON YOUR WAY.

UM, SO WE CAN MAKE THAT A REVISION TO THE SITE PLAN AS WELL.

MR. JEFFERS, SO ON THE STAFFING.

SO THIS IS WHAT I'M ASSUMING.

IT'S HOW A BASEMENT BASICALLY UNDERNEATH THE DRIVE IN AND EVERYTHING'S OPEN UP.

SO YOU HAVE SOMEBODY UP AND SOMEBODY, UH, NEGATIVE, SIR.

SO OUR, OUR STORES, WE ACTUALLY DON'T DO A BASEMENT.

WE DO A 29 INCH DEEP PIT.

SO YOU HAVE ONE TECHNICIAN.

SO OUR STORES HAVE THREE BAYS, BUT WE ONLY OPERATE TWO BAYS, A THIRD BASIS FOR OVERFLOW TRAFFIC, YOU KNOW, ON THE GOOD DAYS.

UM, SO OUR, OUR, OUR BAYS ARE 29 INCHES DEEP.

SO YOU HAVE ONE TECHNICIAN, UM, THE CAR INSERTS, A SITE, YOUR GUT INTO THE STORE, THE TECHNICIAN GOES INTO THE PIT, THEY SIT ON THE BENCH, THEY OPEN YOUR OLD CHANGE.

WE HAVE SAFETY CHECKS AND THEN THEY LEAVE.

SO THERE'S NOT A BASEMENT THAT GOES DOWN ANY OF THAT KIND OF STUFF.

SO THAT'S WHY, YOU KNOW, WE HAVE FOUR OR FIVE PARKING SPACES, WHICH IS THE MAX THAT WE TYPICALLY SEE.

SO, BUT YEAH, THERE'S NO BASEMENT THAT GOES DOWN.

THERE'S NOT RIGHT.

I MEAN, I MEAN, IT WAS WITH THE, THE WORKING FROM UNDERNEATH IS WHAT I MEANT.

SO YES, SIR.

SO YES, BUT YOU ONLY STAFF TWO AT A TIME.

SO BEFORE, YES, SIR.

SO WE WILL HAVE TWO TECHNICIANS, CERTIFIED TECHNICIANS TO DO THE BASE, AND THEN YOU HAVE ONE MANAGER THAT GOES BACK AND FORTH AND WE DO OUR SAFETY CHECKS.

THEY MAKE SURE THEY DO THE DRAIN PLUG.

THEY DO THE OIL FILTER, THEY SIGN OFF ON THE WHOLE FILTER, MAKE SURE YOU GET THE CORRECT INFORMATION.

THEY, YOU KNOW, THAT IT'S OUR PROCESS, BUT YET TYPICALLY WE OPERATE TWO BAYS, A REALLY GOOD STORE.

WE HAVE A COUPLE OF THEM IN PHOENIX AND THEN ONE AND, UM, TOLEDO THAT, YOU KNOW, WE ALL BREAK THREE BAYS AT ALL TIMES AND WE BUILT ANOTHER BAY TO IT.

BUT TYPICALLY IT'S JUST TWO DAYS.

ANY OTHER QUESTIONS FOR THE APPLICANT, SIR? YES, SIR.

THANK YOU.

THANK YOU ALL SO MUCH FOR YOUR TIME AND THANK YOU.

I APPRECIATE YOUR TIME.

ANYONE ELSE WISHING TO SPEAK ON THE ZONING CASE? WE'LL CLOSE THE PORTION.

UM, DO WE NEED TO PUT THIS INTO THE, UH, THE DECISION RECORD PARKING SO THAT THE PARKING WITH THE HAMMERHEAD PART IS COVERED BY NUMBER THREE, RIGHT.

NEEDS TO BE ADDRESSED.

THE BUYER COMMENTS NEED TO BE ADDRESSED.

SO I'VE GOT NUMBER SIX RIGHT NOW.

APPLICANT SHALL HAVE ANY MINIMUM OF BLANK PARKING SPACES.

UH, RIGHT NOW, UM, THERE ARE FOUR PLUS ONE.

SO IF YOU WANTED THAT TO BE, UH, A TOTAL OF SIX, SEVEN, UH, MR. JEFFERY'S FIRMS, SO POTENTIAL OF UTILIZING ALL THREE BAYS, RIGHT? I MEAN, I KNOW IF, IF I'M OPENING A BUSINESS AND I'VE GOT THE CAPACITY TO DO THREE BAYS, I'M GOING TO WANT TO, IF THE BUSINESS IS THERE AND LOOKING AT HOW BUSY, LIKE OUR LOWE'S STORY IS COMPARED TO A LOT OF THE OTHER NATIONAL RANKINGS OR OUR MARSHALS STORES AND OTHER STORES AROUND THE CITY, I WOULD ANTICIPATE IF THE BAY IS THERE AND THE DEMAND IS THERE, THEY'RE GOING TO USE THEM.

THEY'RE NOT GOING TO SAY, SORRY, WE, YOU KNOW, WE'LL FIND A PLACE TO PARK THE EMPLOYEE'S CARS.

AND IF OUR MINIMUM IS SIX ANYWAY, YOU KNOW, I DON'T WANT TO GO LESS THAN OUR MINIMUM CODE.

PLUS WE HAVE TO ACCOMMODATE I'M THE, I'M

[00:25:01]

ASSUMING WE HAVE TO ALLOW FOR ONE HANDICAPPED SPOT, EVEN THOUGH NOBODY'S REALLY GOING TO GET OUT OF THE VEHICLE.

UM, SO I JUST DIDN'T WANT TO STILL BE SURPRISED ONE DAY WHEN THEY'RE PARKING AROUND THE SIDE OF THE BUILDING, CAUSE WE DIDN'T MAKE ENOUGH PARKING SPACES FOR WHAT THE BUSINESS, OBVIOUSLY THEIR GOAL IS TO DO AS MANY AS THEY CAN, WHICH WOULD MEAN THREE BAYS IF THEY CAN STAFF IT.

SO WHATEVER THAT NUMBER IS MS. FORD, UH, MR. , IS THERE ROOM TO HAVE SIX PARKING SPACES ON IT? YES.

SO CURRENTLY THERE ARE FIVE IN THAT ONE AREA THERE IS DIRECTLY TO THE NORTH, WE'LL CALL IT NEXT TO THE DUMPSTER ENCLOSURE.

UM, THERE'S ROOM THERE TO HAVE THREE SEVERAL SPACES.

UM, I WOULD RATHER NOT HAVE ANY PARKING SPACES OUT MORE CLOSER TO BRANT PIKE.

UM, BUT POTENTIALLY THERE COULD BE MORE TO THE REAR, BUT ALSO I'D RATHER NOT CUT INTO EXISTING, UH, WOODED AREA.

UM, IF WE DON'T HAVE TO.

SO, AND POTENTIALLY YOU MIGHT BE ABLE TO GET ONE MORE IN WHERE THE OTHER FIVE ARE RIGHT NOW THAT MIGHT BE ABLE TO BE REWORKED TO, UM, IF YOU WANTED TO GET A TOTAL OF SIX IN THERE TO AGREE WITH MR. JEFFERY IS SIMPLY BECAUSE OF HIS EXPERIENCE AT A, AT A, AT A, ANOTHER, ANOTHER OIL CHANGE PLACE.

UH, IF THAT POTENTIAL IS THERE, THEN WE NEED TO AVOID IT NOW, NOT SIX.

IT IS I THINK, SIX PLUS THE ONE HANDICAP, RIGHT? SO SEVEN MINIMUM.

AND IF, I MEAN, IF WE'VE GOT THE ROOM TO DO IT DOWN THE BACKSIDE TOWARDS THE DUMPSTER ENCLOSURE, INSTEAD OF REWORKING THE FRONT OR WHEREVER THAT COMES IN AND JUST, I THINK WE NEED TO PLAN FOR THE BEST AND WISH THEM MUCH SUCCESS.

AND HOPEFULLY THEY NEED ALL THREE BAYS GOING ALL THE TIME.

OKAY.

SO NUMBER SIX, WE'LL READ THE APPLICANT SHALL HAVE A MINIMUM OF SEVEN OF SEVEN PARKING SPACES AND BEGINNING TO GET CODE IS THAT THERE HAS TO BE ONE OF THEM IS OKAY, BUT A GOOD, IS THERE A MOTION TO APPROVE THE APPLICATION SUBMITTED BY THE APPLICANT KYLE FLAMING REQUESTING APPROVAL? ARE THEY MAJOR CHANGE TO THE BASIC AND DEVELOP AND DETAILED DEVELOPMENT PLAN AND A PLAN COMMERCIAL DISTRICT FOR THE PROPERTY LOCATED AT 75 36 BRAND PIKE FURTHER IDENTIFIED AS PARCEL NUMBER P SEVEN (003) 909-0080.

WHEN THE MONTGOMERY COUNTY, UM, AUDITORS TAX MAP, ZONING CASE 21 DASH 17 AND THE PLANNING COMMISSION'S DECISION RECORD AS AMENDED MOVED BY MR. JEFFRIES, IS THERE A SECOND, SECOND BY MS. THOMAS SECRETARY, WILL YOU PLEASE GO ROLL MISS UP? YES.

MS. THOMAS.

YES.

MS. FARGO.

YES.

MR. JEFFRIES.

YES.

MR. WALTON.

YEAH, MOTION PASSES FIVE TO ZERO.

WHAT'S NEXT FOR THE APP.

UM, AS THIS IS A MAJOR CHANGE, THIS DOES GO TO CITY COUNCIL NEXT.

UH, SO WE WILL SEND OUT THE SAME NOTIFICATIONS, UM, THERE, UM, TYPICALLY IT'S NOT THE NEXT MEETING, BUT IT'S MEANING AFTER THAT DUE TO, UM, REQUIREMENTS TO, UH, FOR NOTIFICATIONS AND ADVERTISING, BUT WE ARE AT A TIME BECAUSE OF THE CALL IT THE FIFTH WEEK.

UM, SO THERE'S A THREE-WEEK GAP.

SO THIS WILL BE ON THE FIRST, UH, CITY COUNCIL MEETING IN JUNE.

SO WE WILL BE ABLE TO GET IT ON, BUT THE NEXT CITY COUNCIL MEETING.

OKAY, PERFECT.

THANK YOU SO MUCH FOR YOUR TIME.

LOOK FORWARD TO IT.

THANK YOU.

GOOD LUCK.

WELCOME.

NEXT ITEM ON THE AGENDA IS ADDITIONAL BUSINESS, WHICH WE HAVE NONE OR THERE IS, I JUST WANT TO GIVE YOU AN UPDATE.

UM, THAT, UH, ONE, UH, LAST NIGHT, THE CITY COUNCIL MEETING THE REZONING FOR, UH, THAT LOT ON DOWN TAYLORSVILLE AND BRIDGEWATER, UM, FROM, UH, PLANNED INDUSTRIAL TO PLANNED RESIDENTIAL THAT DID PASS LAST NIGHT, THEY WAIVED THE SECOND RATING.

THERE HAS BEEN NO CONCERNS, NO NEIGHBOR CONCERNS OR ANYTHING WITH THAT.

SO THAT DID PASS.

AND THEN ALSO AT OUR LAST MEETING, THE, UM, DOG TRAINING FACILITY, UM, THAT APPLICANT WITHDREW HIS APPLICATION.

SO THAT IS NOT MOVING FORWARD TO CITY COUNCIL.

HMM.

INTERESTING.

OKAY.

[00:30:01]

UH, NEXT ITEM IS APPROVAL OF MINUTES WITHOUT OBJECTIONS TO THE MINUTES WITHOUT OBJECTION.

THE MINUTES OF THE MAY 11TH, 2021 PLANNING COMMISSION MEETING WILL BE APPROVED.

I HEAR NO OBJECTIONS.

THEY ARE APPROVED UPCOMING MEETINGS, REPORTS AND CALENDAR REVIEW.

MR. , AS OF RIGHT NOW, WE DO NOT HAVE ANY CASES FOR THE NEXT MEETING, BUT, UM, WELL, WE WILL LET YOU KNOW IF THAT MEETING GETS CANCELED.

OKAY, GREAT.

ANYONE ELSE HAVE ANYTHING TO BRING BEFORE THE PLANNING COMMISSION? THANK YOU ALL FOR COMING OUT.

WE ARE ADJOURNED.