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OKAY.

[00:00:04]

I SAW, I CALLED A MEETING OF THE CITY HUMAN RIGHTS PLANNING COMMISSION TO ORDER OF SECRETARY, PLEASE CALL THE ROLL, MR. JEFFREY'S HERE.

MS. MS. THOMAS HERE, MISS FARGO AND MR. WALL HERE.

I HAVE NO OPENING REMARKS BY THE COMMISSION EXCEPT TO WELCOME EVERYBODY BACK IN HOUSE.

DOES ANYONE ELSE HAVE ANYTHING TO BRING FOR THE COMMISSION? YEAH, 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 RESPOND.

I DO TO THE FOLLOWING OF, DO 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.

ALSO ASK ANYONE WISHING TO SPEAK TONIGHT TO COME TO THE PODIUM, GIVE THEIR NAME.

I GIVE THEIR NAME AND SIGN IN ON THE SIDE OF THE SHEET, PROVIDED OUR FIRST ITEM UNDER NEW BUSINESS.

AS A REZONING.

THE APPLICANT VALVOLINE LLC IS REQUESTING APPROVAL OF A REZONING TO PLAY IN COMMERCIAL BASIC AND DEVELOP OR IN DETAILED DEVELOPMENT PLAN AT 74 80 OLD TROY PIKE ZONING CASE 20 DASH 23.

MR. SHOWMAN.

YES, IT WAS NOTED IN THE STAFF REPORT.

THE RECOMMENDATION OF STAFF IS THE RECOMMENDED APPROVAL OF BASIC AND DETAILED.

THAT IS IN ACCORDANCE WITH THE LISTED APPROVAL CONDITIONS DETAILED IN THE PROPOSED LEGISLATION, UH, THAT IS IN FRONT OF YOU FOR CONSIDERATION.

DOES ANYONE HAVE ANY QUESTIONS FOR STAFF? FEW, I GUESS GO RIGHT AHEAD.

ALRIGHT.

SO I KNOW IN THE NEXT CASE, IT TALKS ABOUT HOW IT FITS IN THE 2020 THE COMPREHENSIVE PLAN AND ALL THAT.

IS THERE ANYTHING AS FAR AS HOW THIS FITS WITH THE PLAN OF WHAT'S COMING OR WHAT THE GOAL IS IN THAT AREAS AS WE'RE LOOKING TO DEVELOP THE OTHER SIDE OF THE STREET? UH, WELL, IN TERMS OF THE DEVELOPMENT PLAN, I'M NOT SURE THAT, UH, REGARDING THE ACTUAL, UH, UH, ZONING APPROVAL WHERE APPLICATION REALLY WOULD BE A REMAINDER OR RELEVANT, BUT, UH, THE, UH, OVERALL DEVELOPMENT PLAN IS CURRENTLY UNDERWAY.

UM, AND ANY BUSINESS THAT, UH, TAKES ADVANTAGE OF OUR CURRENT AND EXISTING ZONING, I DON'T KNOW THAT THERE IS A PLAN TO, UH, DO ANY MASS REZONING OF STRAIGHT ZONE DISTRICTS.

SO, UM, YOU KNOW, THERE, THERE WOULD BE NO, UH, NO DIRECT CONFLICT WITH ANYTHING THAT IS A, THAT IS CURRENTLY IN, IN ANY EXISTENCE OR IN THE FUTURE, WE WOULD CERTAINLY ACCOMMODATE THE FLEXIBILITY DIVERSITY OF A MULTITUDE OF DIFFERENT BUSINESSES TO PROVIDE FOR THE NEEDS OF THE COMMUNITY AND, UH, AND THE ECONOMIC GROWTH WITHIN IT.

AND THEN WE'RE LOOKING AT THE SETBACKS FOR THE BUILDING, HOW FAR OFF IT IS OFTEN TWO OH TWO OR REFERENCES HOW IT'S GOT THE EXTRA BUFFER OF GREEN SPACE IN THERE.

YES.

THAT IS ISN'T THAT BUFFER THAT'S CITY RIGHT AWAY.

RIGHT.

SO IS THAT SOMETHING THAT AT SOME POINT WOULD BE POSSIBLY A RIGHT TURN, ONLY LANE ON TO TAYLORSVILLE IF WE EXPANDED DEVELOPMENT? AND IF WE DO THEN ARE WE ENCROACHING THOSE SETBACKS WITH THE LOCATION OF THIS BUILDING? YEAH.

THAT'S INCLUDED IN THAT.

UH, AND WE, WE, YOU KNOW, SINCE THERE'S NOT A STANDARD LOOKING RIGHT AWAY WITH THE SIDEWALK, EVERYTHING WHERE YOU CAN EASILY MEASURE IT, BUT YES, THAT IS, UH, THAT IS CERTAINLY PART OF IT AND PART OF A, UH, UH, POTENTIAL RIGHT WAY RIGHT LANE AND, UM, WHERE THEY CALL IT A BUMP OUT, UM, ADDITION TO THE ROADWAY.

AND THAT WAS, UH, THAT WAS DISCUSSED AND CONSIDERED IN ICS.

THE NEXT ONE WOULD BE IF THIS HAS CHANGED HIS OWN COMMERCIAL, OBVIOUSLY IN THIS CASE, IT'S FOR THE IN AND OUT OIL CHANGE, BUT IT'S ZONED COMMERCIAL PERIOD.

RIGHT.

SO IT COULD BE ANY COMMERCIAL OVERNIGHT DROP OFF MAINTENANCE, EVERYTHING, NOT JUST THIS BUSINESS.

YES.

BASED ON THE, BASED ON THE ZONING TYPE, UM, IT WOULD, UM, YOU KNOW, BE ZONED TO, YOU KNOW, TO, TO THE, UH, TO THE PLAIN COMMERCIAL AND THAT WOULD FIT WITHIN THE DETAILED AND THE, UH, THE BASIC AND THE DETAILED DEVELOPMENT PLAN.

SO WHETHER IT BEING PLAYING COMMERCIAL, THEN IT WOULD HAVE TO BE SUBJECT TO WHAT WOULD BE APPROVED WITHIN THAT PLAN.

ONE OF MY CONCERNS IS LIKE THESE IMPACT WRENCHES THAT A LOT OF THESE PLACES USE THEY'RE SO CLOSE TO A RESIDENTIAL PROPERTY, EVEN THOUGH THERE IS A BUFFER AREA IN A GREEN AREA, UM, THOSE THINGS ARE PRETTY POTENT WITH THEIR SOUND.

UM, WHAT'S WHAT DO THEY SAY ABOUT THAT? UH, AGAIN, THE HOURS OF OPERATION REALLY WOULDN'T, UH, WOULDN'T AFFECT ANY TYPE OF SOUND REGULATIONS THAT ARE IN EXISTENCE.

SO, UM,

[00:05:02]

UM, I DON'T BELIEVE THAT THERE'S ANYTHING IN THE CODE THAT WOULD RESTRICT OR PREVENT ANY, ANY TYPE OF DECISION BASED ON THAT SOLE FACTOR.

BUT MY CONCERN IS IN THAT LINE MEAN THEY'RE BASICALLY IN THESE PEOPLE'S BACKYARD, RIGHT.

I QUESTIONED THEM BEING THAT CLOSE TO THAT.

AND THEN, YOU KNOW, ARE THEY GOING TO BE DOING TIRE ROTATIONS OR IS IT STRICTLY OIL OR WHAT IN A, WHAT WILL THEY BE DOING BOTH, UH, THE, THE BUSINESS PLAN AND OPERATIONS OF THE BUSINESS, I BELIEVE, UH, REALLY AREN'T DIRECTLY RELATED TO, YOU KNOW, THE APPROVAL OF ZONING.

SO IN TERMS OF, UH, WE GENERALLY DON'T INQUIRE AS TO, UH, WHAT SPECIFIC ACTIVITIES, AS LONG AS THE GENERAL DESCRIPTION OF THE BUSINESS FITS THE DESCRIPTION OF THE ZONING.

SO ANY, ANY BUSINESS PLAN OR ANY TYPE OF ACTIVITIES I WOULD DEFER TO THE BUSINESS OWNER, CAUSE I REALLY CAN'T SPEAK FOR THEM.

SO I HAVE A QUESTION.

SO HAVE WE DISCUSSED THE IMPACT THIS WILL HAVE WITH THE RESIDENTS THAT LIVE AROUND THERE NOW? OR DO WE HAVE THE OBLIGATION TO DISCUSS, LIKE, SINCE IT ABUTS TO THE RESIDENTS BEHIND IT, HAVE WE, I MEAN, ARE THEY AWARE THAT THIS IS COMING CHANGE OR ARE THEY OKAY WITH IT OR ARE THEY CONCERNED? YEAH.

SO ALL, ALL THE PROCESSES THAT ARE REQUIRED FOR ANY TYPE OF REZONING, A NOTIFICATION TO SURROUNDING AREAS WITHIN THE PRESCRIBED DISTANCE, UH, WERE MADE OPPORTUNITIES FOR THAT TO OCCUR ALONG WITH, UH, UM, YOU KNOW, THE, THE POSTCARDS, THE LETTERS IN THE MAILINGS THAT GO OUT.

SO OPPORTUNITIES TO SPEAK ON, ON THAT MAY COMMENTS ON THAT HAS BEEN MADE AND, UH, TO MY KNOWLEDGE AREA, UNLESS CORRECT ME IF I'M WRONG, I DON'T BELIEVE THAT THERE HAVE BEEN ANY THAT WE'VE RECEIVED.

I DON'T KNOW IF ANY INDIVIDUAL COMMISSION MEMBERS HAVE RECEIVED ANYTHING, BUT WE HAVE NOT.

OKAY.

THANK YOU, MS. FARGO.

UM, I SEE IT'S A RECOMMENDATION OF STAFF THAT THE SIGN IT ON THE, I'M TALKING ABOUT THE SIGNAGE.

APPARENTLY THEY WANT SIGNAGE ON THE EAST, THE WEST AND THE SOUTH, I BELIEVE.

BUT ANYWAY, UH, STAFF HAS RECOMMENDED THAT THE SIGN BE TURNED OFF DURING THE HOURS THAT THE FACILITY IS NOT IN OPERATION.

AND I HIGHLY RECOMMEND THAT PARTICULARLY ON THE, WHERE IT ABUTS RESIDENTIAL, IF WE COULD SOMEHOW PUT IT, MAKE SURE THAT THAT IS ONE OF THE REQUIREMENTS IS THAT, UH, THE SIGN WOULD NOT BE ALLOWED AT NIGHTTIME WHERE IT WOULD DISTURB THE RESIDENTS IT'S FACING SIDE, OR AT LEAST FACING SIDE THAT THE EAST FACING SIDE YOU'RE TALKING ABOUT.

UH, LET ME SEE.

WOULD IT BE YES, YES, YES.

EAST AND SOUTH EAST, WEST AND NORTH FACES.

THE EAST WOULD FACE EAST, WEST AND NORTH.

AND IT'S, YOU KNOW, THAT WOULD FACE THE RESIDENCE AND RECORD.

IT SAYS ONLY EAST, BUT DOESN'T HAVE ANYTHING AS FAR AS THE SOUTH, BUT UP AGAINST TWO RESIDENTS.

WELL, WE CAN AMEND THAT.

AND I DON'T KNOW IF WE HAVE RESIDENTS HERE TONIGHT TO SPEAK TO THIS, BUT I DO THINK IT'S IMPORTANT THAT WE WANT TO BE A GOOD NEIGHBOR AND I'M SURE THAT VALVOLINE DOES AS WELL.

I CAN'T IMAGINE THAT IT'S GOING TO HURT THEIR BUSINESS TO HAVE THE SIGNS TURNED OFF AT NIGHT WHEN IT, IF IT WOULD DISTURB THE NEIGHBORS.

SO I FEEL VERY STRONGLY ABOUT NOT HAVING THE SIGNS AND THE YEAH.

TURNED ON AT NIGHTTIME.

SO IT GOES ONTO THE PROPERTY LINE.

I DON'T HAVE A SCHEMATIC OF WHAT THE POST SIGNAGES, WHEN THIS FILE.

SO OBVIOUSLY WE DO, I, I THINK THE PURPOSE, THE PURPOSE OF THE ONE FACING, UM, WEST WAS THAT WAS THE AREA THAT WOULD BE FACING RESIDENTIAL AREAS, EVEN THOUGH CONSIDERING THE BUMPER, UH, THE ONE FACING TWO, I'M SORRY, THE ONE FACING TO THE EAST, THE ONE FACING TO THE WEST WOULD BE OUT ON WE'LL BE FACING, UM, TROY, UH, THE TRAFFIC SIDE, WHICH AFTER FACING THEY HAVE EXTERIOR CELEBRATIONS.

I CAN'T REALLY TELL WHICH WAY.

[00:10:02]

WELL, I WAS JUST LOOKING AT THE STAFF RECOMMENDATION, SAYS FACING THE EAST.

YEAH.

ITEM FIVE, JUST DENOTES THE EASTERN PATIENT.

WHAT, WHAT ARE THE BUSINESS HOURS? UH, ARE THEY GOING TO BE OPEN TILL 10? O'CLOCK AGAIN, THE, THE PRACTICE OF THE BUSINESSES, A QUESTION TO ASK THEM, I'M NOT FAMILIAR WITH, IT COULD BE A 24 HOURS, RIGHT.

24 HOURS.

SO WE COULD PUT A TIME LIMIT ON THAT.

NUMBER FIVE ONLY ALLOWED BETWEEN CERTAIN HOURS.

THAT WOULD BE RIGHT.

CAUSE WE'RE VOTING ON COMMERCIAL AND NOT WHICH BUSINESS.

THAT'S MY QUESTION.

I MEAN, I CAN PUT ANYTHING IN THERE, NO MATTER WHAT WE TALK ABOUT NOW, THEY COULD BE ABLE TO FOLD AND DO ANYTHING IF WE SAY, YEAH, THE OTHER THING TO SIGN IS OVER THE SIX FOOT SIGNAGE, THE GROUND SIGN.

OKAY.

SO IF WE COULD PHRASE, LIMIT THE HOURS AND I'M WILLING TO LISTEN TO THEM, MR. JEFFERS, I'M QUESTIONING THE NOTIFICATION.

SO IS IT SOMETHING THAT WE, AND I MIGHT BE A SIDE TOPIC TO LOOK AT, BUT WHEN WE HAVE ISSUES THAT DO HAVE NOTICED THE GO TO RESIDENTS, COULD WE START GETTING THAT NOTICE IN OUR PACKET SO WE CAN SEE WHAT THEY RECEIVED ALONG WITH LIKE THE LIST OF WHO GOT IT.

AND WHEN IT WENT OUT SO WE CAN SEE HOW MANY PEOPLE GOT IT, WHAT DID THEY SEE? AND WHEN DID THEY SEE IT? SO THEN IT GOES TO PROPERTIES THAT ARE 200 FEET IN RADIUS, AND IT'S ALSO PUBLISHED IN THE PAPER.

OKAY.

COULD WE GET THE LETTER, LIKE JUST INCLUDED IN OUR PACKET THOUGH? THE NOTICE THAT GOES OUT TO THEM? IS THAT SOMETHING THAT'S POSSIBLE SO THAT WE KNOW LIKE RESIDENT, LIKE WHEN, IF THEY JUST DON'T KNOW IF ANY OF THEM ARE HERE TONIGHT, BUT IF A RESIDENT COMES IN, IT'D BE NICE TO SEE WHAT THEY SAW BEFORE THEY CAME IN.

I DON'T KNOW IF THAT'S SOMETHING THAT'S WHAT PAPERS OR IS IT PUBLISHED IN, I MEAN, I DON'T KNOW IF IT'S SOMETHING THAT IF IT'S LIKE A TIMING ISSUE OR IF THERE'S SOMETHING THAT, THAT WOULD WORK FOR THAT OR NOT, BUT INSTEAD OF WE KNOW WHAT PAPER IT'S PUBLISHED IN.

SO, I MEAN, AS A COURT REPORTER, WHAT, I'M SORRY, I DIDN'T HEAR YOU, JERRY.

I'M SORRY.

THE DAILY COURT REPORTER, I THINK STAFF COULD PROVIDE ALL THAT, WHAT THEY SEND OUT TO US.

ALSO, I DO BELIEVE THAT ANYTIME THAT THERE'S ANY CORRESPONDENCE BETWEEN STAFF AND ANY OF THE RESIDENTS THAT THEY DO PROVIDE THAT FOR US.

ANY OTHER QUESTIONS FOR STAFF? LET'S OPEN IT UP TO THE PUBLIC.

IS THERE ANYBODY WISHING TO SPEAK FOR THE APPLICANT, PLEASE DO I'M JASON HUNT WITH VALVOLINE, I'M HERE WITH, UM, KELLY.

SWEDERMAN, SHE'S OUR CIVIL ENGINEER FOR THE PROJECT.

SO SHE CAN TALK ABOUT, UM, ANYTHING CIVIL RELATED SITE RELATED.

I CAN SPEAK MORE TO THE OPERATIONS.

UH, SO I'LL JUST HIT A COUPLE OF THESE QUESTIONS ARE HOURS OF OPERATION, ABOUT SEVEN, FIVE, UH, DAILY.

SO WE CLOSE ABOUT WHEN EVERYBODY ELSE DOES.

UM, THE NOISE GENERATION IS VERY LOW.

WE WERE NOT, UH, DROPPING TRANSMISSIONS AND ENGINES OUT OF CARS AND DOING BODY WORK.

THAT SORT OF THING, WHICH USUALLY TAKES A LOT OF, UH, GENERATES A LOT OF NOISE.

WELL, WE ROTATE A TIRE TO YES, IF THE CLIENT WANTS IT, WE'LL ROTATE TIRES, ALL THE OPERATIONS INSIDE THE BUILDING ITSELF, NOTHING GOES OUTSIDE OF THE BUILDING.

IT'S ALL CONTAINED WITHIN, UM, WITHIN OUR FOOTPRINT OF THE BUILDING, WHICH IS VERY SMALL.

UH, WE'RE PREDOMINANTLY IN THE OIL CHANGE AND MAINTENANCE COMPANY.

SO WE TURN AROUND, UH, OUR CLIENTS ABOUT EVERY 15 MINUTES.

SO YOU'RE DRY, IT'S LITERALLY A DRIVE THROUGH.

SO YOU DRIVE IN, YOU CHANGE YOUR OIL.

IF WE FIND A LIGHT THAT'S OUT, WE'LL CHANGE YOUR LIGHT FOR YOU REAL QUICK.

WE'RE RUN THROUGH A, UH, BASICALLY AN ASC APPROVED, UH, LINE OF SERVICES.

YOUR CAR REQUIRES THESE SCANNED.

AND AS SOON AS YOU COME IN THROUGH THE DOOR, SO THEY KNOW IMMEDIATE OR TEXTS KNOW IMMEDIATELY WHAT YOUR CAR NEEDS AND THEN MATCHING OUT WHAT'S WHAT'S WRONG

[00:15:01]

WITH WHAT IT NEEDS.

AND THEY'LL SORRY, JUST SWAP OUT THE, A LIGHT BULB OR A FUSE, OR IF YOU HAVE A WINDSHIELD WIPER THAT'S NOT WORKING SO GREAT.

THEY'LL SWAP THAT OUT, BUT WE'RE NOT DOING ANY HEAVY MAINTENANCE WORK AND, UH, BODYWORK, THAT SORT OF THING.

SO AGAIN, WE'RE EVERY 15 MINUTES YOU'RE IN, YOU'RE OUT.

WE'RE ABOUT CONVENIENCE.

WE'RE ABOUT SERVICE TO KEEP YOUR CAR ON THE ROAD.

SO THINK OF IT AS KEEPING YOUR CAR GOING AS OPPOSED TO WHEN IT BREAKS DOWN.

UM, I THINK THAT'S MOSTLY WHAT, UH, HER, UH, WE TALKED ABOUT THE SIGNAGE, UH, ABUTTING, THE RESIDENTIAL ON THE EAST SIDE, WHICH IS OUR, BASICALLY OUR REAR OF THE BUILDING, BUT IT'S WHERE YOU ENTER THE BUILDING ITSELF, BUT WE'RE NOT GOING TO BE OPERATING AT NIGHT.

SO I DON'T HAVE PERSONAL ISSUE WITH PUTTING THAT SIGN ON A TIMER, JUST IN CASE OUR TEXTS.

FORGET TO TURN THE LIGHT OFF.

WE CAN PUT IT ON A TIMER.

IT SETS, UH, SIX O'CLOCK, SEVEN O'CLOCK WHENEVER THEY CLOSE AND THEY JUST LEAVE AND IT GOES OFF DOWN THE DAY.

TELL THEM WE'RE PROBABLY DOING THAT.

ANY OTHER QUESTIONS SPECIFIC TO OPERATIONS? DON'T BE AFRAID TO ASK ME AGAIN.

KELLY'S HERE.

SHE CAN HELP WITH ANY SIDE RELATED OR LAYOUT OF THE SITE ITSELF.

WE SUPPLIED THIS SITE.

YOU GUYS HAVE THIS IN YOUR PACKET.

SO THE QUESTION ABOUT THE SIGNAGE AND WHY IT DOESN'T SAY SOUTH, CAUSE CAUSE WE HAVE NO SIGN ON THE SOUTH.

WE ONLY HAVE A SIGN ON THE EAST THAT WOULD BE LIT.

SO THAT WAS WHY I BELIEVE IN THE DOCUMENT.

IT LISTS IT DIDN'T LIST THE SOUTH SIDE BECAUSE THERE IS NO SIDE.

OKAY.

SO YOU HAVE, YOU HAVE SIGNAGE ON THE EAST, NORTH AND WEST? CORRECT.

OKAY.

AND THEN, UM, AS FAR AS THE PLAN, WE'RE GOING TO MOVE, ONE OF THE OTHER COMMENTS IN YOUR, UM, DOCUMENT WAS TO MOVE THE DUMPSTER 15 FEET AWAY.

AND WE'RE ABLE TO DO THAT AS WELL.

AND YOU SAID YOUR HOURS OPERATION WERE FROM 7:00 AM TO 5:00 PM OR YOU DON'T KNOW IF THEY'RE MONDAY THROUGH FRIDAY, FRIDAY, GENERALLY.

IT'S EIGHT TO SEVEN ON SATURDAYS.

IT'S ABOUT EIGHT TO SIX AND THEN SUNDAYS 10 TO FIVE.

OKAY.

AND WILL YOU GO UP AGAINST RESIDENTIAL AREAS ALL THE TIME? THAT'S OUR GOAL IS TO FIT IN YOUR NEIGHBORHOOD.

SO WE DO THIS A LOT IN THE BLIND AND KEEP THE EXISTING LIGHTING THAT'S THERE.

DO YOU GUYS NEED TO CHANGE ANYTHING? AS FAR AS THE LIGHTING IN THE LOT, WE PROVIDE OUR OWN LIGHTING THAT MAKES YOUR GUYS' SITE LIGHTING REQUIREMENTS.

UM, THAT'S WITHIN THE SITE PLAN.

SO WE WILL BE DEMOING THE ENTIRE BUILDING WITH PAYMENT AND THEN ADDING OUR NEW BUILDING AND PAYMENT AND LIGHTING.

WOULD THAT INCREASE OR DECREASE THE LIGHT OVER INTO THE NEIGHBORING YARDS INCREASE OR DECREASE? I'M NOT FOR SURE, BUT I KNOW THAT IT MEETS YOUR WRITING CODES.

SO YOUR STANDARD CODE AND THE LIGHTING PLAN IS WITHIN YOU CAN DO WHAT THE PHOTOMETRIC PLAN IS ON PHOEBE POINT.

UM, THE RED NUMBER YOU CAN FEEL ALONG THE PROPERTY.

WELL, THEY'RE NOT RIGHT ON THE PROPERTY LINE.

UM, WHAT THE LAW IS AT THE PROPERTY LINE, IN THAT MEET YOUR CODE REQUIREMENTS, INCREASE OR DECREASE.

EXACTLY.

LED'S FULL CUT OFF.

YEAH, WE HAVE ZERO.

IT LOOKED LIKE THE HIGHEST POINT ALONG YOUR RESIDENTIAL PROPERTY LINE.

I DON'T KNOW ANYONE ELSE IT'S.

I THINK THAT WAS, WAS THAT IN THE FOLLOWUP EMAIL PACKET? I THINK I ADDED ON THE SCREEN, BUT DIDN'T, HOW TALL THE LIGHT POOLS ARE THAT ARE THERE NOW BY CHANCE.

JUST CURIOUS TO SEE THAT.

THAT'S COOL.

I'M JUST LOOKING IF WE'RE GOING.

CAUSE I MEAN, OBVIOUSLY IT'LL HAVE SOME IMPACT TO THE NEIGHBORS.

[00:20:01]

ARE WE INCREASING, DECREASING THAT IMPACT AND PLANNING AND PUTTING IN SOMETHING THAT'S ZONED COMMERCIAL IN THREE BACKYARDS TOUCHING IN THE BACK YARDS.

SO ARE YOU WANTING A PHOTOMETRIC? IS THAT YOU'RE TRYING TO SEE, CAN YOU, CAN YOU BRING UP HERE? YOU CAN SEE THAT RIGHT NOW.

WHERE IS THERE ON THE PROPERTY LINE, RIGHT.

ARE YOU ABLE TO ACCESS THAT MR. JEFFRIES? WOULD YOU LIKE TO SEE THIS? BUT MY QUESTION WAS, IS, I MEAN, IF IT ISN'T GOING TO INCREASE THE LIGHTING AND, OR THE BRIGHTNESS OF THE LIGHT IN MY BAG, IF I LIVED BACK THERE AND I GO SIT IN MY BACKYARD, AM I GOING TO HAVE MORE LIGHT I'M DEALING WITH AT NIGHT? UM, I SEE THAT THERE'S AN OFFICE THERE.

IS THAT CORRECT? OKAY.

UM, AND YOU'RE GOING TO BE DOING, UM, BESIDES CHANGING OIL, YOU MIGHT CHANGE THE LIGHTS OR YOU MENTIONED A COUPLE OF OTHER THINGS, UH, WINDSHIELD WIPERS.

ARE YOU GOING TO BE HAVING ITEMS FOR THE VEHICLE FOR SALE? YES.

IT'S PART OF THE PROCESS.

SO YOU'VE COME IN IF IT NEEDS A WINDSHIELD WIPER, WE'LL CHANGE THAT FOR SURE.

MY QUESTION IS, DO YOU HAVE YOUR STOCK THERE OR DO YOU HAVE TO SEND OFF SOMEWHERE AND WAIT FOR THEM TO COME FROM ANOTHER SUPPLIER? WE GENERALLY HAVE, UH, ALL CARS THAT ARE ON THE ROAD TODAY, UH, IN STOCK.

AND IF WE HAVE TO ORDER SOMETHING, WE'LL HAVE A RUNNER THEY'LL ORDER IT AND HAVE IT DELIVERED TO THE SIDE IF WE NEED IT.

BUT AGAIN, WE'RE 15 MINUTES IN AND OUT.

SO THE GOAL IS TO WHILE YOU'RE THERE, YOU HAVE A LIGHT BULB OR WHATEVER, THEY MAY BE BURNED OUT OR A WINDSHIELD WIPER THAT GENERALLY FITS ALL THE CARS THAT ARE ON THE ROAD TODAY IN THEIR, IN STOCK AND SHELVES IN THE, WITHIN THE FACILITY.

SO SOMEONE WILL GO DOWN AND SWAP THAT OUT REAL QUICK.

SO YOU DO HAVE A SMALL STOCK THERE? YES, DEFINITELY.

AND OIL FILTERS, OBVIOUSLY WE'RE CHANGING OIL FILTERS.

SO THERE WILL TELL THINGS ALWAYS THERE.

I KNOW THAT YOU HAVE TO ABIDE BY THE EPA, BUT JUST FOR MY OWN KNOWLEDGE, CAN YOU PLEASE TELL ME WHERE THE OIL GOES? HOW IS THAT? WHAT DO YOU, WHEN IT COMES, WHEN YOU TAKE IT OUT OF THE COOK, WHEN YOU CHANGE THE LAW, WHAT DO YOU DO WITH THE OLD OIL? SO IT GOES DOWN INTO THE PIT AREA, BIG, BIG STEEL TANKS, UH, IN THE BASEMENT.

UH, SO THEY'LL USE THE OIL GOES DOWN THERE AND THEN THE NEW PRODUCT IS PUMPED BACK INTO YOUR CAR, UM, AT THE SAME TIME.

SO THEY'RE IN TANKS IN THE BASEMENT.

AND HOW OFTEN DO YOU, HOW DO YOU GET RID OF THE OLD OIL AND HOW OFTEN? SO ABOUT ONCE A WEEK, UH, DEPENDS ON HOW BUSY WE ARE.

UH, A TRUCK WILL COME AND PUMP THE OIL OUT.

SO WE HAVE ACCESS DOORS ON THE SIDE OF THE BUILDING.

IT'S BASICALLY JUST A LITTLE HATCH.

SO THEY'VE RUN HOSES DOWN INTO THE TANK AREA.

THEY PULL THE OIL OUT ONTO THE TRUCK AND THEN PUMP THE NEW PRODUCT INTO THE NEW, UH, RESERVOIR AT THE TANKS DOWNSTAIRS.

AND IT'S ALL CLOSED SYSTEM.

NOTHING IS EXPOSED TO THERE.

UH, AND THEN WE RECYCLE THE OIL.

IT'S ALL RECYCLED 100%.

OKAY.

AND I, AND I'M SURE THAT IT'S ALL EPA APPROVED AND THE CONTAINERS AND WHATEVER IT IS THAT YOU DO.

YES.

ALRIGHT, THANK YOU.

ANY OTHER QUESTIONS FOR THE APPLICANT? THANK YOU VERY MUCH.

IS THERE ANYONE ELSE WISHING TO SPEAK ON THIS, UH, PUBLIC PORTION, ANY OTHER QUESTIONS FROM STAFF REFEREES? SO ON HERE, IT TALKS ABOUT THE BUILDINGS 55 FEET FROM OLD TROY PIKE.

UM, THERE'S A LARGER GREEN SPACE BETWEEN THE CURB AND THE RIGHT OF WAY IN THIS AREA.

IS IT 55 FEET FROM TROY PIKE OR 55 FEET FROM THE GREENSPACE SIDE? I COULDN'T.

AND HOW FAR DOES IT HAVE TO BE? AS FAR AS SETBACKS? THAT'S WHAT I WAS LOOKING AT EARLIER.

IT LOOKS LIKE IT'S 55 FEET BASICALLY FROM WHAT WOULD BE THE SIDEWALK IF WE TOOK IT

[00:25:24]

FROM THE RIGHT SORT OF RIGHT AWAY AND WON'T BE ABLE TO BE INSIDE BECAUSE YOU'VE GOT WHAT YOU'VE GOT IS YOU'VE GOT THE, YEAH, YOU'VE GOT THE EDGE OF THE CURB LINE OF WHAT'S EXISTING OF OLD TOY PIPE.

AND ALTHOUGH THAT DRAWING IS A LITTLE BIT AND IT DOESN'T, IT DOESN'T HAVE THE RIGHT OF WAY DRAWN ON IT.

UH, AND, UM, WE CAN CERTAINLY MAKE SURE THAT THAT TO SCALE MEASURES OUT, BUT I BELIEVE THE SEVEN AND A HALF FROM THE TAYLORSVILLE ROAD RIGHT AWAY, LIKE RIGHT AWAY.

RIGHT.

SO 55 FEET FROM THE RIGHT OF WAY WHERE THEY'RE 55 FEET FROM THE CHROME INTERIOR, UH, LINE ON THE SIDEWALK.

SO THAT WOULD CERTAINLY MEET THAT THE 70 AND A HALF SHOULD BE MET BASED ON WHERE THE RIGHT OF WAY IS IN THAT LARGE GRASSY AREA BETWEEN THE OUTSIDE EDGE OF THE SIDEWALK AND THE STREET.

UM, I CAN'T TELL THE SCALE OF THAT DIAGRAM, BUT BASED ON THAT 55 FEET, IT LOOKS LIKE PROBABLY AT LEAST ANOTHER 30 FEET.

UM, BUT WE CAN CERTAINLY VERIFY WITH A SCALE DRAWING AND THE RIGHT OF WAY, UH, TO MAKE SURE THAT, UM, CERTAINLY AS A, AS A CONDITION OF COMPLIANCE AND THE EXISTING SETBACK REQUIREMENTS, UH, FROM OUR OWN RIGHT OF WAY, WE WOULD CERTAINLY CONFIRM THAT IT SAYS ON THE BOTTOM OF PAGE TWO, THE FACILITIES SHOULD BE A DISTANCE WHEN AT LEAST 25 FEET FROM ESTABLISHED RIGHT OF WAYS AND BUILDINGS AND STRUCTURES, AT LEAST 75 FEET FROM THE ESTABLISH RIGHT AWAY.

AND THEN THE NEXT PARAGRAPH SAYS, THIS BUILDING IS 55 FEET FROM THE RIGHT OF WAY.

SO WE'RE CHANGING IT TO COMMERCIAL AND CUTTING 20 FEET OFF.

SO YEAH, WE'LL HAVE TO VERIFY THAT BASED ON THE DRAWINGS, IT LOOKS LIKE IT'S IN COMPLIANCE WITH THAT 75 FEET, BUT, UH, THAT SAY WE CAN MAKE THAT A, A, UH, A CONTINGENT POINT OF, UM, MAKING SURE THAT IT COMPLIES WITH THE EXISTING RIGHT AWAY, SETBACKS, THE DRAWINGS APPEAR THAT IT DOES PERHAPS A WORD AS THOUGH THE WRITING SAYS IT DOESN'T, THE BUILDING IS 55 FEET FROM THE RIGHT OF WAY.

SO THERE HAS TO BE 75.

THAT'S WHY IT'S ON THERE.

RIGHT.

THAT'S WHY, THAT'S WHY I HAD THE QUESTION ABOUT WHERE IT FALLS AND WHERE WE'RE CUTTING THE RIGHT WAY.

WELL, YEAH, I'M NOT SURE WHAT THE DRAWINGS DEPICT.

THE WRITING SAYS THAT, BUT THE DRAWINGS TO PICK SOMETHING ELSE, I'M NOT SURE WHICH ONE IS CORRECT.

IT DOES SAY 55 FEET PROBABLY FROM THE SIDEWALK RIGHT AWAY.

UH, BUT THE STREET RIGHT AWAY, NOT SO I'M NOT SURE WHICH RIGHT AWAY THAT MIGHT BE DEPICTING THE RIGHT OF WAY WOULD INCLUDE THE RIGHT OF WAY OF THE INSIDE EDGE OF THE SIDEWALK OUT TO THE CURB.

SO ACCORDING TO THAT DRAWING, CAN YOU PULL THAT BACK UP? CAUSE THAT I BELIEVE IS WHAT THAT 55, NOW THAT WE JUST SAID THAT AGAIN, I THINK IT JUST RATTLED A RATTLE, SOMETHING IN MY, IN MY HEAD.

RIGHT.

SO THE RIGHT OF WAY, WELL, THE RIGHT OF WAY GOES TO THIS LINE OF ASSIGNMENT.

RIGHT.

CAN YOU TELL ME IF THE FOOTPRINT OF THE NEW BUILDING IS GOING TO BE APPROXIMATELY THE SAME LOCATION OF THE CURRENT BARRELING? IT LOOKS LIKE I SAID A LITTLE CLOSER TO THE STREET TO, UM, ULTRA PIKE CONCERT.

OKAY.

YOU GOT ANY OTHER QUESTIONS FOR STAFF? IS THERE A MOTION FOR APPROVAL FOR THE REZONING APPLICATION SUBMITTED BY THE APPLICANT VALVOLINE? OH, EXCUSE ME.

I'LL BE BACK UP.

I THINK WE DO NEED TO AMEND NUMBER FIVE TO READ.

UH, AS FAR AS MISS FARGO HAD BROUGHT UP, SHE WOULD LIKE TO HAVE SOMETHING, UH, STATED ON WHAT TIME THE SIGN WOULD BE TURNED OFF ON THE

[00:30:01]

EAST SIDE.

AND DID YOU HAVE A TIME IN MIND MS. VARGO? UM, I THINK PROBABLY THERE, I THINK 9:00 PM WOULD BE REASONABLE.

OKAY.

AND WHAT TIME WOULD YOU BE AVAILABLE FOR THAT TO COME BACK ON IN THE MORNING? OH, EIGHT SALEM, NO.

EARLIER IS START EARLIER IS NINE SEVEN, SEVEN, SEVEN TIL NINE, 7:00 AM TILL 9:00 PM.

IS THAT GOOD? I MEAN, WOULD WE TIE IT TO SUNSET OR SOMETHING? I MEAN, AT 9:00 PM IT'S DARK AT SIX IN THE WINTER.

WELL, THE ONLY THING I'M THINKING ABOUT IS THE LIGHT SHINING INTO BEDROOM WINDOWS.

AND SO I THINK NINE O'CLOCK IS A REASONABLE BEDTIME, EVEN FOR KIDS, IT DOESN'T MATTER.

WELL, WHAT DO YOU THINK DOES YEAH, WELL, OF COURSE, OF COURSE.

YEAH.

THAT'S WHAT WE'RE TALKING ABOUT.

DOES ANYONE ELSE HAVE ANY INPUT? I CAN'T REALLY GO WITH DAYLIGHT SAVINGS BECAUSE IT GETS DARKER EARLIER AND DURING THEIR OPENING HOURS.

SO YOU CAN'T REALLY UTILIZE THAT AS A GUIDE.

SO, AND IF THEY CLOSE AT SEVEN, I MEAN, IT WOULD BE NO LATER THAN CLOSING A WAR AND THEY, AND THEIR HOURS OF OPERATION ARE EIGHT, EIGHT O'CLOCK IN THE MORNING.

IS THAT WHAT YOU SAID? 8:00 AM TO 7:00 PM.

I MEAN, I WOULDN'T SEE IT A PROBLEM WITH SEVEN 30 TO, YOU KNOW, HALF HOUR BEFORE AND HALF HOUR TO AN HOUR AFTER JUST THE SUGGESTION.

IF YOU'RE, IF WE'RE WORRIED ABOUT SIGNAGE TIME.

AND I DON'T KNOW IF WE HAVE THE INFO IN HERE, BUT WHEN WE DID LIKE THE BIG SANDY'S, THEY TALKED ABOUT SOME OF THE LIGHTS BEING BACK LIT VERSUS HOW THEY, YOU KNOW, SOME OF THEM ARE MORE REFLECTIVE AND SOME OF THEM ACTUALLY CAST THE LIGHT.

DO WE KNOW IN THIS CASE, I GUESS IF WE'RE SPENDING AS MUCH TIME ON IT, IF IT'S EVEN RELEVANT, IF IT'S JUST BACKLIT ANYWAY, CAUSE IT SEEMS LIKE THE BIG ST HE WANTS TO SET UP, IT WAS JUST BACKWARD.

IT WASN'T CASTING WIDE OUT ANYWAY AND BEING A LIGHT NUISANCE, I GUESS.

I CAN'T REMEMBER EXACTLY WHAT THOSE THINGS WERE CALLED, BUT I KNOW THEY TALKED ABOUT DIFFERENT SIGN LIGHTS.

YOU COULD FIND THIS OUT, LET'S OPEN THAT BACK UP AS A PUBLIC.

AND WOULD YOU PLEASE COME FORWARD? SO THE SIGNS ARE INTERNALLY LIT WITH LED LIGHTS.

THEY'RE NOT DESIGNED TO CAST LIGHT OUT TOO, TO GRAB YOUR ATTENTION OR OUR COLORS DO THAT ALREADY.

UM, THEY'RE THEY ESSENTIALLY GLOW IF YOU WILL, IT'S HARD TO, HARD TO EXPLAIN.

UM, SO I'M NOT A, A LIGHT EXPERT, BUT ESSENTIALLY IT'S, IT'S INTERNALLY LED AND IT CREATES A GLOW SO THAT YOU CAN SEE IT, BUT IT'S NOT SHINING OUT AT YOU IN YOUR FACE TO GAVE YOU LIKE NEON LIGHTS.

YOU KNOW, THOSE ARE FROWNED UPON THAT SORT OF THING.

WE'VE ALL GOTTEN BEYOND THAT.

SO IT'S NOT GOING TO BE A DETERRENT WHEN YOU'RE DRIVING BY THAT SORT OF THING.

THAT'S ALWAYS BEEN OUR DRIVING FACTOR IS IF YOU'RE DRIVING BY NOT TO CREATE GLARE IS SUCH A DISTRACTION THAT YOU HAD AN IMPEACHED TRAFFIC FLOW.

SO IT IS, IT'S ESSENTIALLY LIT ENOUGH TO SEE IT, GIVE US A PRESENCE, BUT THERE'S STILL A BELIEF TECHNICAL, TECHNICALLY THERE'S STILL CHANNEL SIGNS.

THERE'S STILL BASICALLY OLD-SCHOOL SIGNAGE BETTER THAT ARE DESIGNED FOR TODAY TO SAVE ENERGY MELODIES, THAT SORT OF THING.

AND THEN SITE-WIDE, THERE ARE EXISTING FENCES.

IT LOOKS LIKE WOOD, PRIVACY FENCE IS UP ON ALL RESIDENTIAL SIDES THAT ARE STAYING.

SO THAT WOULD HELP THEIR ISSUE AND LIKELY NOT THE SIGN ITSELF ON THE BUILDING, ON THE VALVOLINE BUILDING, MAYBE ABOVE THE SIGN, BUT THE WINDOWS OF THE HOUSES WOULD LIKELY BE BELOW THE FENCE ARE ROLLING.

THEN DID YOU SIGN IN? YEAH.

OKAY, GREAT.

THANK YOU.

AND THEN YOUR QUESTION ABOUT THE 50 FOOT BUILDING THAT BACK, THAT'S FROM THE RIGHT OF WAY LINE, RIGHT? BUT THE CODE IS 75, BUT I DON'T, I THINK IN IT, IT SAYS, CAUSE ONE IS LIFTING THE 75 FEET FROM TAYLORSVILLE AND THEN ONE WAS LIFTING THE 55 FROM OLD TOY PART.

I DON'T THINK THAT WAS THE REQUIREMENT BECAUSE WE HAVE THE REQUIREMENTS OF THE BUILDING SETBACK ON HERE AND WE'RE WAY PATH THAT WE'RE THERE AND THAT'S OKAY.

I'M JUST GOING OFF OF WHAT'S IT'S A DRY CAUSE IT SAYS IN HERE FROM UNDER THE DEVELOPMENT STANDARDS, BUILDINGS AND STRUCTURES, AT LEAST 75 FEET FROM ESTABLISHED RIGHT AWAY PER THE OFFICIAL THROUGH A FAIR THOROUGHFARE PLAN FOR THE RECORDED PLAT, IT SAYS IT'S 55 FEET FROM OLD TROY PIKE RIGHT OF WAY.

AND 78 AND A HALF FEET FROM THE TAYLORSVILLE ROAD RIGHT AWAY.

SO ARE WE, I MEAN, NOT, I WOULD THINK OLD TROY PIKE IS MORE

[00:35:01]

OF A MAJOR THOROUGHFARE THEN TAYLORSVILLE IS RIGHT.

SO I WOULD ASSUME, I THOUGHT THAT MEANT THAT WE HAD TO BE 75 FEET FROM BOTH THOROUGHFARES WHEN I READ THAT, DOES THAT SOUND RIGHT? OKAY.

FUTURE DEVELOPMENT.

AND THEY ARE, YOU KNOW, NOT JUST ON KNOW A TURN LANE OR SOMETHING THAT'S GOING TO BE CUTTING IN ONTO AND THE RIGHT TURN LANE WAS ON OLD TROY PIKE.

AND YOU COULD HAVE PLENTY OF RIGHT AWAY FOR THAT IN THE FUTURE.

CAUSE I MEAN, WE'RE BACK HERE, WE HAVE THE SIDEWALK AND THEN OUR PROPERTY LINES BEHIND THE SIDEWALK.

SO YOU GUYS HAVE THE POTENTIAL TO USE THIS AREA FOR A RIGHT TURN LANE, WHICH HAD KIND OF BEEN DISCUSSED WHEN THE BABBLING WAS GOING TO BE, UM, IN THE WORKS.

SO YOU GUYS HAVE PLENTY RIGHT AWAY TO DO THAT IN THE FUTURE.

CORRECT.

AND THE VALLEY WILL NOT STILL MAINTAIN OUR PROPERTY LINE.

DOESN'T START ON PIKE UNTIL BEHIND THE SIDEWALK.

SO YOU GUYS HAVE THE SPACE IN FRONT OF THE SIDEWALK TO GROW THE TURN LANES AND THINGS THAT YOU WOULD NEED TO DO.

BUT I THINK THAT'S KIND OF AN IN THE PLAN OR IN THE FUTURE FOR YOU GUYS, DO YOU HAVE ANY OBJECTION TO 7:00 AM TO 8:00 PM AS OPEN TO HAVE THE LIGHTS ON OR JUST THE EASTERN FAITHS ARE AN ADVANTAGE TO HAVING DIFFERENT HOURS SEVEN TO 8:00 PM, 7:00 AM TO 8:00 PM.

THAT'S THAT'S LONGER THAN IT'S ALREADY WRITTEN UP FOR ANYONE THREATENED TO CLOSE WHEN THEY CLOSE, WHICH IS SEVEN.

SO IF YOU BUMP IT UP TO EIGHT, YOU'RE EXTENDING IT PAST WHAT'S ALREADY IN AND YOU CAN SAY NOT TO EXCEED 8:00 PM DURING OPERATION OPERATIONAL HOURS, NOT TO EXCEED 8:00 PM.

WELL, THEY'RE GOING TO BE CLOSED ANYWAY.

SO THEY'RE ALLOWED TO CHANGE THEIR BUSINESS HOURS THOUGH.

IT'S AN HOUR AFTERNOON WHERE WE'RE VOTING ON THE WHOLE PARTNER, NOT JUST THIS BUSINESS.

7:00 AM TO 9:00 PM.

GOOD.

I DON'T KNOW MUCH ABOUT LIGHTING.

I JUST WANT TO MAKE SURE WE'RE NOT PUTTING MORE LIGHT IN PEOPLE'S BACKYARDS BECAUSE I'D BE REALLY, REALLY MAD IF I BOUGHT A HOUSE NEXT TO A MEDICAL OFFICE AND THEN IT GOT JAMES MARSHALL SHOWING IT DIDN'T GO OVER.

WELL, IF I WERE THERE AT SEVEN, WE COULD MAKE IT EIGHT.

THE NEW BUSINESS MOVES IN.

IT CLOSES AT 10, IF A NEW BUSINESS DON'T THEY HAVE TO COME BEFORE US.

NO, NOT ONCE IT'S OWN COMMERCIAL.

THEY DON'T EVEN HAVE TO OPEN THIS BUSINESS.

COMMERCIAL GOOD POINT.

PLANNED COMMERCIAL WOULD HAVE TO COMPLY WITH THE DEVELOPMENT PLAN.

RIGHT.

SO WE COULD SAY THE HOURS OF OPERATION, NOT TO EXCEED APM ON LIGHTING AND THEN NO MATTER WHO CAME IN, THEY WOULD BE UNDER SOMETHING LIKE THAT OR NOT TO EXCEED 9:00 PM OR SOMETHING LIKE THAT.

I GUESS, THOMAS, I HAVE NOTHING ELSE.

I HAVE NOTHING.

I'M GOOD.

THANK YOU THOUGH.

OKAY.

WELL, HOW DO WE CHANGE IN THE DECISION RECORD TO CORRECT? UM, 7:00 AM TO 9:00 AM OR SORRY, 70 9:00 AM.

TWO HOURS.

SO THAT'D BE ON NUMBER FIVE.

THE FACING WALL, UH, SIGNAGE SHALL BE ONLY ELIMINATED DURING BUSINESS HOURS.

7:00 AM.

NO OTHER QUESTIONS FOR THE APPLICANT.

THANK YOU.

ONCE AGAIN, IS THERE A MOTION FOR APPROVAL OF THE REZONING APPLICATION SUBMITTED BY THE APPLICANT VALVOLINE LLC REQUESTING APPROVAL OF THE REZONING FROM B ONE COMMERCIAL TO PC PLAN COMMERCIAL AND A BASIC AND THE DETAILED DEVELOPMENT PLAN FOR THE PROPERTY LOCATED AT 74 80 OLD TROY PIKE FURTHER, EXCUSE ME, FURTHER IDENTIFIED AS PARCEL PARCEL NUMBER P 70 DASH ZERO ONE THREE ZERO FIVE DASH ZERO ZERO FOUR TWO ON THE MONTGOMERY COUNTY AUDITOR'S TAX MAP, THE ZONING CASE 20 DASH 23.

AND THE PLANNING COMMISSION'S AMENDED DECISION RECORD ARE ATTACHED TO THEIR TIME.

I'LL MAKE THAT MOTION.

IS THERE A SECOND, SECOND BY MRS. VARGO SECRETARY, WILL YOU PLEASE CALL THE ROLL

[00:40:03]

MR. JEFFRIES? NO.

MS. OP, NO MS. THOMAS.

NO.

MS. VARGO YES.

TARA.

MR. WALTON.

YES.

MOTION FAILS THREE TO TWO.

WHAT'S NEXT FOR THE APPLICANT, MR. SCHOMER.

UM, THEY NEED TO CONTACT OUR OFFICE TOMORROW AND WE WILL RE VIEW WITH THEM, UH, UH, THE PROCESS IN GETTING THIS RECORD, UH, FINALIZED AND THEN A DOOR OPPORTUNITIES AND OPTIONS.

THEREFORE, SO REACH OUT TO US TOMORROW.

NEXT ITEM, UNDER NEW BUSINESS AS A MAJOR CHAIN APPLICANT, LARKSPUR IS REQUESTING APPROVAL FOR MAJOR CHANGE TO THE BASIC DEVELOPMENT PLAN AND A PLAN COMMERCIAL DISTRICT AT 76 50 WAYNE TOWN BOULEVARD, ZONING CASE 20 DASH 22.

MR. SHAW, YES.

AS A, AS INDICATED IN THE, UH, IN THE PACKET IN THE REPORT, IT'S A MAJOR CHANGE TO THE BASIC DETAIL REGARDING THE WAYNE TOWN BOULEVARD PARCEL.

THAT IS THE, UM, CURRENTLY THE, UM, UH, THE CINEMA CHANGING INTO A STORAGE FACILITY AS NOTED IN THERE, THERE'S A SERIES OF BUILDINGS, UH, THAT WOULD BE, UH, ERECTED AFTER THE CURRENT STRUCTURE IS RAISED.

YOU'LL NOTE THAT THERE IS AN EDIT THE APPLICANT RESUBMITTED ELEVATIONS TO SHOW A PREFAB METAL BUILDING AS THE MAIN MATERIAL.

UH, AND THE STANDARD CITY CODE, UH, HAS A SPECIFIC DESIGN STANDARDS AS NOTED.

UM, AND, UM, THERE ARE, UM, RECOMMENDATIONS THAT THE PLANNING COMMISSION CAN RECOMMEND APPROVAL OF THE DIFFERING DESIGNS.

UH, AND THERE ARE NOTATIONS LISTED IN THERE.

UH, THE EXCEPTIONS, UM, THE, THE REQUIREMENTS OF THIS SECTION SHALL NOT APPLY TO EITHER EXISTING STRUCTURES.

UH, AND AGAIN, UM, AS THE ADOPTION OF THIS SECTION WOULD BE EXEMPT FROM THOSE COMMERCIAL BUILDING DESIGN STANDARDS AND LESS THAN EXEMPTED STRUCTURE HAS EXPANDED BY 10% OR MORE OF ITS ORIGINAL SIZE.

AND AGAIN, THIS ISN'T THE ORIGINAL STRUCTURE, UH, IN BE DEVIATION FROM THE DESIGN STANDARDS CONTAINED IN THE SECTION MAY ONLY BE APPROVED THROUGH THE PLAN UNIT DEVELOPMENT APPROVAL PROCESS OR THE PUD PROCESS IS COMMONLY REFERRED TO, UH, SO THAT, UH, THAT NOTATION IS, UM, UH, IS CERTAINLY RELEVANT ALSO IN THE DECISION RECORD REVISED, UH, SECTION EIGHT WAS ADDED NOTING THAT THE BUILDING SHALL COMPLY WITH CITY CODE SECTION ONE, ONE EIGHT ONE TWO FOUR COMMERCIAL BUILDING DESIGN STANDARDS, UH, MEETING THE BUILDING MATERIALS, ALL EXTERIOR WALLS, INCLUDING PARKING STRUCTURES, GARAGES AND ACCESSORY STRUCTURES SHALL BE 100% MASONRY MATERIALS BE MASONRY COVERAGE CALCULATION DOES NOT INCLUDE DOORS, WINDOWS, CHIMNEYS, DORMERS WINDOW BOX OUTS, BAY WINDOWS, ET CETERA, THAT DO NOT EXTEND TO THE FOUNDATION OR ANY EXTERIOR WALL THAT DOES NOT BEAR ON THE FOUNDATION.

SO THAT WAS THE, UH, THE NOTATION AND SPECIFIC INFORMATION REGARDING THIS NOTED IN THE DISCUSSION REVIEW BY STAFF, ANY QUESTIONS.

SO A COUPLE THINGS.

ONE IS JUST, I DON'T KNOW IF IT'S SOMETHING TO TALK ABOUT IT IN ANOTHER MEETING AS WELL.

BUT LAST YEAR WHEN WE WENT TO THE PLANNING THING IN DAYTON, I TALKED ABOUT DOING THE ISLAND LANDSCAPING AND THEY HAVE THESE SILL KIND OF THINGS FOR ROOTING ON HER GROUND TO HELP FILTER THE WATER OFF AND RUN OFF AND ALL THAT.

SO I DON'T KNOW IF HE LOOKED AT THAT AT ALL, IF THAT'S SOMETHING, CAUSE I KNOW WE HAVE LANDSCAPING REQUIREMENTS.

I DON'T KNOW IF THAT'S SOMETHING THAT'S WORTH LOOKING AT AT SOME POINT, OBVIOUSLY NOT IN THIS CASE.

UM, I REMEMBER SEEING THIS COME UP A COUPLE OF TIMES AND IT WAS ABOUT JUST WATER FILTRATION, HEALTHIER GROWTH OF THE TREES, FASTER GROWTH OF THE TREES.

UM, MY QUESTION ON THE BUILDINGS IS JUST TO WHICH I BELIEVE I ALREADY KNOW THE ANSWER, BUT I JUST WANT TO MAKE SURE.

SO I KNOW WE HAD THE, YOU HAUL UP ON BRAND THAT HAD THOSE DROP OFF BUILDINGS DROPPED OFF AT ONE POINT, THESE WILL BE ALL PERMANENT BILL STORAGE, UNIT BUILDINGS NOT DROP OFF THE BACK OF A TRUCK INTO THE PARKING LOT BUILDINGS, RIGHT.

UM, STRUCTURES NOW YOU'RE RIGHT DELIVERY.

WHEN THE ADVOCATE RESUBMITTED, THE ELEVATION SHOWING A PREFAB METAL BUILDING AS THE MAIN MATERIAL, UM, THAT COULD VERY WELL BE A PREFABBED BUILDING THAT IS BROUGHT AND DROPPED ON SITE.

UM,

[00:45:02]

I MEAN I WOULD HAVE AN ISSUE WITH AN ENTIRE LOT OF THOSE SITES.

I JUST THINK THAT, I MEAN, WE'LL SEE, I'D BE CURIOUS.

I THOUGHT IT WAS BUILT WITH DFS AND MATERIAL AND BRICK.

THAT'S WHY I THOUGHT THAT WAS DIFFERENT UNTIL THE EDIT WAS PROVIDED.

I BELIEVE THAT'S WHAT WAS, UH, ORIGINALLY PROVIDED, UNLESS I'M GLAD I ASKED SIR.

AND JERRY, UNLESS I MISSPOKE YOU BEING THE RECIPIENT, I'M PUTTING THESE FILES TOGETHER.

WHAT I RELATE IS, IS ACCURATE AND SILVER CELLS.

THAT'S WHAT THOSE THINGS WERE CALLED.

I'M SORRY, ON THE LANDSCAPING CELLS.

SO INTERESTING CONCEPT.

IT'S PRETTY COOL.

THERE'S SOME NEAT STUFF ON IT.

JUST FARGO.

I HAD REQUESTED SOME THINGS FROM SCOTT, BUT I UNDERSTAND THAT I KNOW WHY I HAVEN'T RECEIVED THEM, BUT I WOULD BE INTERESTED TO KNOW HOW MANY FACILITIES OF THIS TYPE DO WE HAVE IN HUBER HEIGHTS AND HOW MANY UNITS ARE AVAILABLE AS WELL AS THE OCCUPANCY RATE OF THOSE ARE THESE UNITS, THE VACANCY RATE, OR IF YOU WILL, UH, ARE PEOPLE STANDING IN LINE HAVING TO WAIT TO GET ONE? DO WE ANSWER UP A BIG NEED FOR, FOR THESE OR NOT? AND UM, OR MAYBE THERE'S A WAITING LIST FOR, UH, TO GET INTO IT.

UM, ANOTHER QUESTION I HAVE IS, UH, DID THEY PLAN TO HAVE SIDEWALKS THERE? IS THERE A SIDEWALK ALREADY THERE? I DON'T THINK SO.

NO.

I PULLED UP A CAMERA AND THAT SAID ANYTHING ABOUT A CYBER IT'S A PARKING LOT.

AND THEN YOU WALK UP, I THINK YOU WALK UP SOME STEPS TO GET TO THE LEVEL OF THE, OF THE BUILDING, WHICH OBVIOUSLY IS GOING TO BE DESTROYED.

SO THAT WOULD ELIMINATE ANY OF, YEAH, BUT AT THE CURB, THERE'S NOT A SIDEWALK RIGHT NOW.

IT'S JUST NOT IN THAT AREA ANYWHERE.

THERE'S NO SIDEWALKS BACK ALONG THAT ROAD.

RIGHT.

MY BIG CONCERN IS THIS IS AN AREA THAT I THINK WAS RIGHTLY DISCUSSED AT LENGTH YEARS AGO AND, AND THEY HAD A VISION AS TO HOW IT WAS TO BE BUILT.

UH, AND EVEN THOUGH IT'S TAKEN A LONG TIME, WE DO HAVE NOW, UH, THE, UM, RACQUETBALL CLUB IS BEING REDESIGNED.

I THINK THAT IS PROBABLY THE BEGINNING OF THE DEVELOPMENT OF THAT WHOLE AREA.

I, I JUST DON'T SEE THAT IF WE, IF WE ALLOW THESE 13 HUGE, LONG STORAGE BUILDINGS THAT I DON'T KNOW IF WE NEED OR NOT, AND THAT'S WHY I'M TALKING FROM A LACK OF KNOWLEDGE, UH, IN THAT AREA, BUT IT'S GOING TO CHANGE THE CHARACTER.

NOT ONLY OF WHAT'S THERE NOW, BUT WHAT THE CITY ENVISIONED AS BEING THERE.

UH, I BELIEVE THAT THAT IS A PIECE OF PROPERTY THAT HAS MORE VALUE THAN THEN THIS PARTICULARLY PARTICULAR USE.

WE'LL GIVE IT AS FAR AS THE CITY IS CONCERNED.

AND RIGHT NOW I JUST, UH, I, IT'S A LACK OF INFORMATION ON MY PART BEFORE I CAN REASONABLY VOTE TO ALLOW THEM TO COME.

I WOULD, I WOULD JUST LIKE TO HEAR WHAT OTHER COMMISSIONERS THINK ABOUT IT.

I'M SORRY.

HOW DID HE, I MEAN, I WOULD AGREE.

I THINK WHAT YOU'RE SAYING IS RIGHT, AS FAR AS THE VISION AND OTHER TYPES OF BUSINESSES THAT WOULD GO IN THERE, BUT I THINK WE'RE KIND OF TASKED WITH, DO WE AGREE WITH CHANGING THE ZONING PERIOD? AND IF WE AGREE WE'RE CHANGING THE ZONING, DOES THAT BUSINESS FIT THE ZONING? WE DON'T GET TO PICK THE BUSINESS.

THAT'S A PRIVATE TRANSACTION BETWEEN THE BUYER AND THE SELLER JUST DOESN'T FIT.

OUR ZONING IS WHAT WE'RE SUPPOSED TO ANSWER.

AND I MEAN, IF, IF THERE ARE PLENTY OF OTHER STORAGE UNITS AROUND THE AREA, IF THEY BUILD A BETTER ONE AND THEY WIN BECAUSE PEOPLE CHOOSE TO DO BUSINESS WITH THEM, THAT'S THEIR COMPETITIVE MARKET.

AND NOT FOR US TO DECIDE.

NO, BUT WE ARE.

I THINK THAT WE HAVE THE OPPORTUNITY TO DECIDE IF WE WANT TO CHANGE THE CHARACTER OF THAT ENTIRE AREA, WHICH IS RIGHT, PRETTY READY TO BE DEVELOPED.

AND I DID

[00:50:01]

DO A LITTLE RESEARCH AND THERE ARE SEVEN OTHER PUBLIC STORAGE PLACES IN THE CITY HEIGHTS WITHIN A HALF ARE WITHIN A MILE.

THERE'S TWO OTHER WORDS.

AND WITH HALF A MILE, THERE'S TWO OTHERS.

AND WITHIN THAT MILE, THERE'S THREE FROM WHERE THIS ONE IS GOING IN.

I ALSO, UM, QUESTION THE YOUTH OF THAT LAND FOR A STORAGE FACILITY WHEN OUR, WE HAVE ONE MOVIE HOUSE AND IT'S RIGHT ACROSS THE STREET.

UM, I JUST THINK IT WOULD BE, UH, MORE, YOU KNOW, IF WE COULD DEVELOP IT WITH OTHER BUSINESSES THAT WOULD GO ALONG WITH WHAT PEOPLE GO TO THE MOVIES FOR OR SOMETHING LIKE THAT.

YOU'VE GOT DENTAL OFFICES ACROSS THE STREET AND, UM, I JUST I'M GOING ALONG WELL.

I AGREE WITH JIM, I THINK WE'RE VOTING ON THE ZONING AND I THINK THAT'S WHAT WE NEED TO FOCUS ON.

I MEAN, THE DEVELOPMENT IS OBVIOUSLY A TOPIC.

UM, SO I MEAN, I HAVE, I HAVE NO STRONG FEELINGS ONE WAY OR THE OTHER.

I DO AGREE THAT THEY SHOULDN'T BE DROP-OFFS I THINK FOR AESTHETIC PURPOSES, I LIKE, I SEE THE STORAGE UNITS THAT HAVE A LOT BETTER, YOU KNOW, SOLID BASE FOUNDATION, NOT JUST SOMETHING THAT JUST, YOU LOAD OFF THE BACK OF A TRUCK AND LOAD UP AND MOVE OUT.

UM, THAT WOULD BE MY CONCERN WITH THAT, BUT I THINK IT'S, YOU KNOW, I AGREE WITH BOTH SIDES, BUT AGAIN, I ALSO AGREE THAT, YOU KNOW, YOU TALK ABOUT SEVEN OTHER STORAGE FACILITIES.

WELL, HOW MANY OF THEIR, YOU KNOW, HOW MANY OTHER RESTAURANTS ARE COMPETING AGAINST EACH OTHER FOR THE SAME STUFF, HOW MANY OTHER GAS STATIONS ARE COMPETING FOR EACH OTHER FOR THE SAME STUFF? SO WE CAN'T REALLY LOOK AT HOW THE COMPETITIVENESS IS GOING TO BE FOR, SO, YOU KNOW, SEVEN OTHER STORAGE UNITS VERSUS THIS ONE.

UM, I THINK THIS, THE DIFFERENCE HERE IS THIS IS A REZONING THAT'S RIGHT.

WE HOLD THE POWER TO, IT'S NOT LIKE SOMEONE'S COMING IN AND THEY'RE ALREADY ALLOWED.

WE'RE SAYING, OKAY, WE'RE GOING TO CHANGE THIS AND MAKE IT TOTALLY DIFFERENT.

AND I THINK WE HAVE TO LOOK AT THE BIG PICTURE OF, IS THIS HOW WE WANT OUR CITY TO DEVELOP? LIKE I CAN TELL YOU FROM A, FROM A, FROM A COMMERCIAL STANDPOINT, THERE ARE STORAGE UNITS GOING UP ALL OVER OTHER CITIES AND THEY ARE A HUGE DEAL.

I CAN JUST TELL YOU THAT FROM A COMMERCIAL STANDPOINT, IT'S JUST A MATTER OF THE DIFFERENCE OF HOW THEY LOOK AND FEEL FOR THE CITIES.

SO THEY ARE A BIG BUSINESS.

THEY ARE NOT SOMETHING THAT IS JUST A, YOU KNOW, SO THAT MAYBE SOMETHING OF A CONSIDERATE THAT IS A BIG BUSINESS FOR OTHER CITIES TOO, WHO HAVE THEY HAVE MULTIPLE, THEY HAVE, I JUST, THE ONLY PROBLEM I HAVE WITH IT IS JUST LOOKING LIKE A ROLL OFF.

I WOULD ALSO ADD THAT, ALTHOUGH THERE ARE A COUPLE OF POINTS MADE AND PREFERENCES FOR WHAT, UH, INDIVIDUAL COMMISSION MEMBERS MAY THINK OR FEEL I NEED TO CAUTION AND MAKE SURE THAT THE COMMISSION, UH, EVALUATE SOME, MAKES ITS DECISION BASED ON THE ELEMENTS AT HAND FOR THE APPLICATION, UH, THE NUMBER OF, UH, CERTAIN TYPES OF BUSINESSES OR DENSITY OF THAT IS NOT PART OF THAT.

UH, AND, AND MAKING DECISIONS SPECIFICALLY FOR PLAN UNIT DEVELOPMENTS, UH, YOU KNOW, THOSE ARE MADE BASED ON THE, UM, UH, MAKING SURE THAT THEY DON'T INTERFERE WITH THE PUBLIC PIECE HEALTH MORALS, ET CETERA OF THE COMMUNITY, AS WELL AS ANY OTHER THINGS THAT COULD BE, UM, UH, SHALL WE SAY, OBTRUSIVE TO, UH, THE PUBLIC SAFETY, A THOROUGHFARE OR MOVEMENT, ET CETERA.

SO I JUST WANT TO MAKE SURE THAT, UH, THE COMPLAINT PLANNING COMMISSION RECORD DECISIONS, DELIBERATION DISCUSSION, UH, STATES GERMANE TO THOSE PARTICULARS, UH, AND DOES NOT EXTEND BEYOND, UM, UH, YOU KNOW, TYPES, DENSITIES, UH, OPERATIONS OF BUSINESSES, ET CETERA, TO MAKE SURE THAT, UH, WE ARE GIVING A VERY OBJECTIVE LOOK BASED ON THE PROCESS THAT SPED OUT IN OUR, IN OUR ORDINANCE.

THANK YOU.

YOU'RE WELCOME.

AND THE WAY I READ THE, SORRY, THE WAY I READ THIS, IT WAS BASICALLY THE WAY THE WAY STAFF IS, IS SAYING, IS THAT THE WAY IT WAS ZONED BEFORE TO WHAT THAT WOULD BE TODAY WOULD BE WHAT THEY'RE ASKING US TO VOTE IT THROUGH? IS I RIGHT AT ME, LIKE PLAYING COMMERCIAL, IF WE WERE GOING BACK TO WHATEVER IT WAS ZONED IN 2007, AND TODAY'S WORDS WOULD BE THE PLAN COMMERCIAL