3. To hear a Conditional Use Application request for a ‘Vehicle Service and Repair Facility’ within the Suburban Commercial (SCD) zoning district located at Parcel 2900190080050 on West 5th Street.

[3. To hear a Conditional Use Application request for a ‘Vehicle Service and Repair Facility’ within the Suburban Commercial (SCD) zoning district located at Parcel 2900190080050 on West 5th Street.]

CONDITIONAL USE APPLICATION REQUEST FOR VEHICULAR SERVICE AND REPAIR FACILITY WITHIN THE SUBURBAN COMMERCIAL ZONING DISTRICT, LOCATED A PARCEL 290019. ON WEST FIFTH STREET IS

[00:10:06]

THE APPLICANT PRESENT. YES. WOULD YOU PLEASE STAND AT THE PODIUM STATE YOUR NAME AND ADDRESS. GOOD EVENING. MY NAME IS ERIC LEIBOWITZ, VICE PRESIDENT OF DILLMAN AND LEASING A CASTO 250 CIVIC CENTER DRIVE. COLUMBUS OHIO. 43215 SORRY TO INTERRUPT, BUT, UM, I NEED TO RECUSE MYSELF FOR THIS ONE. SO THE END OF SOUNDS GOOD. YEP. OK MR LEBOWITZ, COULD YOU EXPLAIN WHAT YOUR INTENTIONS ARE ? UM WE'VE ALL LOOKED AT IT. BUT JUST GIVE US A BRIEF DISCUSSION OF WHAT? YOU WHAT? YOU'RE HERE FOR WHAT YOU'RE ANTICIPATING AND UM, THE CHALLENGES YOU SEE WITH THE SITE? ABSOLUTELY UH, HAPPY TO TALK THROUGH THE FULL APPLICATION, OBVIOUSLY, UH, THANK YOU TO STAFF FOR TAKING THE TIME TO REVIEW OUR APPLICATION. WE OBVIOUSLY PROVIDED SOME SUPPLEMENTAL INFORMATION YESTERDAY. HOPEFULLY YOU'VE RECEIVED THAT, UH, WILL ALSO THANK YOU IN ADVANCE FOR TAKING THE TIME TO REVIEW THAT, AND ALSO, UH, WE WE'RE GONNA SHARE. UH A FAIR AMOUNT OF INFORMATION WITH YOU THIS EVENING. SO THANK YOU IN ADVANCE FOR LISTENING. 2 MILLION, ALLOWING ME TO DRONE ON, BUT WE FEEL LIKE IT'S IMPORTANT TO PROVIDE YOU WITH AS MUCH INFORMATION AS POSSIBLE. SO IN SUMMARY, UH, WHAT WE ARE PROPOSING HERE IS A TWO BAY VALINE INSTANT OIL CHANGE, WHICH , UH, BASED UNDER THE MARYSVILLE CITY CODE REQUIRES A CONDITIONAL USE PERMIT. AND WE'VE SUBMITTED THAT APPLICATION AND ARE HERE BEFORE YOU TONIGHT, UH, TO PROVIDE ADDITIONAL DETAIL, AND WE'RE HAPPY TO RUN THROUGH THE APPLICATION. AND WHICHEVER DETAIL YOU'D LIKE ME TO SEE TO EXPRESS. UH, BUT THE SITE PLAN IS HERE. UH THE, UH, PROPERTY OWNER VISION DEVELOPMENT. I'M NOT SURE IF THAT'S THE LEGAL ENTITY THAT OWNS THE PROPERTY, BUT, UH, WE ARE IN CONTRACT TO PURCHASE THIS PROPERTY AND THEY HAVE SIGNED THE APPLICATION. THEY'RE AWARE OF THE USE. AND THE VARIANCE APPLICATION OR I'M SORRY. CONDITIONAL USE PERMIT APPLICATION WE SUBMITTED OUTLINES ALL OF OUR THOUGHTS ON TO, UH, THE ELEMENTS THAT ARE REQUIRED TO BE MET, WHICH WE BELIEVE THIS APPLICATION MEETS ON ALL FRONTS. SO IF THAT IF I HAVE, I HAVE, I HAVE SOME MORE, UH, REMARKS PROVIDED IF YOU'D LIKE SOME MORE SPECIFIC INSIGHT ON THE USE OR ANYTHING ELSE, I'M HAPPY TO GO INTO THAT, UH, BASED ON THE APPLICATION, OR I CAN JUST SORT OF JUMP IN WITH OUR REMARKS. I THINK, GO AHEAD AND JUMP IN WITH OUR REMARKS. AND THEN, UH, WE'LL THIS WILL ALLOW US TO DEVELOP QUESTIONS FOR YOU.

AND THEN WE'LL ALLOW THE BOARD MEMBERS. I GOT KIDS, SO I'M USED TO BEING INTERRUPTED. SO, UH, UH, WITH ME TONIGHT FROM CASTO, BRENT MYERS AND DAN LEATHERY AND ALSO WE HAVE ROBIN PECK, WHO IS PRECONSTRUCTION PROJECT MANAGER FOR VALVOLINE. SO WE'VE WE'VE TRIED TO COVER ALL THE BASES HERE TO BE ABLE TO ANSWER ANY SPECIFIC QUESTIONS. YOU MAY HAVE SO AGAIN. THANK YOU, UH, FOR THE OPPORTUNITY TO BE HERE THIS EVENING. WE APPRECIATE THE CHANCE TO BE HERE AND PROVIDE ADDITIONAL INFORMATION TO EDUCATE THE PLANNING COMMISSION ON OUR APPLICATION. THE SITE ITSELF AND THE PROPOSED BUSINESS FAMILY IN AND OIL CHANGE OUR PRESENTATION TONIGHT AND MY REMARKS WILL BE BROKEN DOWN INTO TWO. SECTIONS FIRST, AN OVERVIEW AND DISCUSSION OF THE SITE ITSELF AND THE PHYSICAL CHARACTERISTICS THAT PLAY A ROLE IN WHY WE'RE HERE AND SECOND.

OUR RESPONSE TO THE STAFF REPORT ON OUR APPLICATION AND MORE INFORMATION ON THE PROPOSED USE.

WE JUST WANT TO MAKE SURE THAT IN ORDER FOR YOU TO MAKE THE MOST EDUCATED DECISION WE'RE PROVIDING YOU WITH AS MUCH FACTUAL INFORMATION AS POSSIBLE IN REGARDS TO THIS PROPOSED DEVELOPMENT SITE, WHICH IS A LITTLE OVER HALF AN ACRE. I BELIEVE IT'S 6/10 OF AN ACRE. UH IT'S ALSO IMPORTANT TO RECOGNIZE THAT WE FULLY UNDERSTAND THAT THERE MAY BE DIFFERING OPINIONS ON WHAT APPROPRIATE COMMERCIAL AND OR RETAIL USES ARE FOR THIS CORRIDOR IN MARYSVILLE OR FOR THIS SITE. THAT SAID THE QUESTION BEING ASKED OF PLANNING COMMISSION IS NOT WHAT ANY INDIVIDUAL OR GROUP OR PRIVATE ENTITY OR PUBLIC ENTITY DEEMED AS THE MOST APPROPRIATE. THE QUESTION IS, IS THE CITY OF MARYSVILLE ZONING CODE BEING MET ON THE EIGHT REQUIRED GENERAL STANDARDS THAT APPLY TO ALL CONDITIONAL USES, ACCORDING TO SECTION 1 41.24 OF THE CODE. THE ONLY QUESTIONS WHICH SHOULD BE CONSIDERED IN OUR MIND AND DISCUSSED OR IN RELATION TO WHETHER THE APPLICATION MEETS THESE STANDARDS. IT IS OUR POSITION BASED ON THE MARYSVILLE CODE RECENTLY APPROVED USES IN THE CORRIDOR, INCLUDING THOSE APPROVED BY THE CITY THAT THIS CONDITIONAL USE APPLICATION SATISFIES THE GENERAL STANDARDS FOR CONDITIONAL USE. OUR PRESENTATION WILL PROVIDE A LARGE AMOUNT OF INFORMATION SUPPORTING THE APPROVAL OF OUR CONDITIONAL USE APPLICATION WHEN TAKING INTO ACCOUNT THE AFOREMENTIONED FACTORS. AS AN ADMINISTRATIVE NOTE. YOU'VE ALSO RECEIVED SUPPLEMENTAL INFORMATION FROM US. THANK YOU

[00:15:01]

TO STAFF FOR WORKING WITH US TO CIRCULATE THAT WE DO APPRECIATE IT. AND THANK YOU ALL FOR TAKING THE TIME TO READ IT IF YOU HAVE NOT HAD A CHANCE TO READ IT OR GO THROUGH IT, WE'LL WE'LL COVER THAT INFORMATION THIS EVENING. SO FIRST UH, BACKGROUND AND SITE CONDITIONS AFFECTING DEVELOPMENT CAST WAS NOT INVOLVED WITH VISION DEVELOPMENT ON THE REDEVELOPMENT PLANNING ENTITLEMENTS APPROVALS OF THE CURRENT SITE. OUR INVOLVEMENT IS SOLELY ON THE COMMERCIAL OUT PARCELS RUNNING ON FIFTH STREET. SO WITH THAT BACKGROUND, WE'RE NOT ABLE TO SPEAK TO ANYTHING THAT MAY HAVE OCCURRED PREVIOUSLY. AND SO IT'S OUR POSITION. WE DON'T WANT TO SPECULATE OR OR OR TOUCH ON ANY OF THAT, AS WE CAN'T SPEAK TO IT. THAT SAID THERE IS A RELEVANT FACT RELATED TO THE HISTORY OF THIS SITE AND THE RESIDENTIAL REDEVELOPMENT. THE RESIDENTIAL PROJECT RECEIVED A CONDITIONAL USE APPROVAL WITH THE SAME SED ZONING. IN PLACE FOR BOTH THE RESIDENTIAL SITE AND THE SUBJECT PROPERTY THAT WE'RE TALKING ABOUT. AGAIN THOSE ZONING DESIGNATIONS WERE THE SAME. SAME AS THEY ARE TODAY. AT THE TIME, THE VISION PROJECT WAS APPROVED. THEREFORE THE DETERMINATION WAS MADE AT THE TIME THAT A RESIDENTIAL USE WAS HARMONIOUS WITH THE SURROUNDING EXISTING PROPERTIES THAT WILL SPEAK TO THIS EVENING. THE SUBJECT. PARCEL WAS ZONED SED AT THE TIME, MEANING THAT THE CONDITIONAL USE WAS APPROVED BY MARYSVILLE WITH SUPPORT FROM STAFF KNOWING THIS PARCEL WAS OWNED TO PERMIT THE USES COVERED IN THE SED ZONING DISTRICT. INCLUDING A VALVE IN INSTANT OIL CHANGE. WHEN THE SUBJECT STANDARDS ARE MET. TO DETERMINE THAT THIS USE, WHICH IS PERMITTED WHEN MEETING THE REQUIRED CONDITIONS IN THE ZONING DISTRICT IS NO LONGER APPROPRIATE TO THIS RESIDENTIAL DISTRICT, IN OUR MIND WOULD BE AN ARBITRARY CONTRADICTION TO THE PREVIOUS DECISIONS BY THE CITY. VISION DEVELOPMENT. AS I SAID, SIGNED OUR APPLICATION FOR THE PERMIT OR FOR THE APPLICATION. THEY'RE FULLY AWARE OF THE APPLICATION THE USER AND THEY'VE ACKNOWLEDGED AND REVIEWED OUR APPLICATION FOR THE CUP. THE SITE PLAN THAT WAS INCLUDED WITH THE CONDITIONAL USE APPLICATION FOR THE RESIDENTIAL PROJECT, WHICH RECEIVED APPROVAL FROM MARYSVILLE AND WAS SUPPORTED BY STAFF SHOWED THIS AS F FUTURE COMMERCIAL OPPORTUNITY. NOW IN REGARDS TO THE PHYSICAL CHARACTERISTICS OF THIS SITE IN THE SUPPLEMENTAL INFORMATION THAT YOU RECEIVED FROM US YESTERDAY. THIS PLAN DOES NOT COVER ANY SITE SPECIFIC USER. IT IS MORE JUST TO SHOW THE ENVELOPE FOR WHICH WE HAVE TO WORK WITH, FROM A DEVELOPMENT PERSPECTIVE. CURRENTLY THE SITE AS IT SITS, TODAY IS APPROXIMATELY 100% IMPERVIOUS PARKING LOT AREA. UH, THE TOTAL ACREAGE OF THIS SITE IS 0.60 ACRES, SO A LITTLE BIT MORE THAN HALF AN ACRE, BUT BY ONLY BUT ONLY A LITTLE OVER A QUARTER AN ACRE 0.26 ACRES OR 40 PERC 43% OF THE SITE IS USABLE FOR ACTUAL BUILDING AREA. THERE ARE TWO EASEMENTS ON THE SITE TOTALING A QUARTER ACRE AND BUILDINGS ARE NOT PERMITTED TO BE PLACED IN THIS EASEMENT AREA. OR EITHER EASEMENT AREA. EXCUSE ME, MARYSVILLE CODE STATES THAT THE MAXIMUM LOCK COVERAGE FOR THE SITE IS 85% WHICH REPRESENTS ROUGHLY ANOTHER 10TH OF AN ACRE 0.9 0.09 OF AN ACRE. THE PHYSICAL CONDITIONS OUTLINED ABOVE. OBVIOUSLY SIGNIFICANTLY LIMIT THE BUILDING AREA AND DEVELOPMENT AREA AND HOW DRIVE LANES AND EVERYTHING ELSE CAN FIT ONTO THE PROPERTY AND THE NUMBER OF POTENTIAL USERS THAT COULD FIT ON THE PROPERTY. BALING IN SOME OIL CHANGE IS ONE OF THE LIMITED NUMBER OF USES THAT IS ABLE TO LAY OUT ON THE SITE AND ACCOMMODATE ALL OF THESE FACTORS AFFECTING THE SITE'S DEVELOP. THE SITE PLAN IN OUR CUP APPLICATION ILLUSTRATES THE FUNCTIONAL SITE PLAN ACHIEVED WITHIN THE SITE CONSTRAINTS. IN ADDITIONAL ITEM TO NOTE JUST FOR CLARIFICATION AS WE ARE NOT REQUESTING ANY NEW ACCESS POINTS IN OUR SITE PLAN WILL USE EXISTING OUT OF THE ACCESS POINTS TO FIFTH STREET AND INTERNAL DRIVES TO REACH THE SITE. UH SO NOW FOR BACKGROUND ON THE SITE, UH, I'M SORRY FOR THE PROPOSED USE AND RESPONSE TO THE STAFF REPORT. THE SITE, AS WE TALKED ABOUT IS OWNED SED AND THE PURPOSE OF THAT SUBURBAN COMMERCIAL DISTRICT, ACCORDING TO THE CODE IS TO PROMOTE A MIX OF USES IN CLOSE PROXIMITY TO THE RESIDENTIAL FORMS OF SUBURBAN DEVELOPMENT. AS WE NOTED PREVIOUSLY, THERE ARE EIGHT GENERAL STANDARDS THAT ALL CONDITION USES ARE REQUIRED TO MEET OF THESE EIGHT STANDARDS.

IN OUR REVIEW. STAFF REPORT STAFF COMMENTED AND RESPONDED TO FOUR WITH COMMENTS. WELL STAFF COMMENTS INDICATE IT IS A POSITION OF PLANNING AND ZONING STAFF THAT MANY OF THE FACTORS OUTLINED IN THE CODE SECTION GOVERNING THE CONDITIONAL USE STANDARDS. FOUR OF EIGHT WERE COVERED IN THE REPORT. THE CONCERNS RAISED BY STAFF INCLUDED SEVERAL OF THE SAME CONCERNS WHICH WERE APPLIED TO MULTIPLE STANDARDS. SO WE'LL TRY AND GROUP OUR RESPONSE. UH ACCORDINGLY. IN REVIEWING THE STAFF REPORT. WE RESPECTFULLY DISAGREE WITH THE STANCE THAT ALL GENERAL STANDARDS ARE NOT MET AND FIND THE REASONING TO BE SUBJECTIVE RATHER THAN FACTUAL, AND IN SOME INSTANCES, INACCURATE OR MISINTERPRETATION OF THE MARYSVILLE CITY CODE AND THE COMPREHENSIVE PLAN. THE FIRST GENERAL STAFF, THE FIRST GENERAL STANDARD STAFF PROVIDED

[00:20:02]

FEEDBACK ON AS REGARDING 11 FOR SECTION 11 41.24 GENERAL STANDARDS OF THE APPLICATION TO ALL CONDITIONAL USES. B WILL BE HARMONIOUS WITH AND ACCORDANCE WITH THE GENERAL OBJECTIVES OR WITH ANY SPECIFIC OBJECTIVE OF THE CITY'S COMPREHENSIVE PLAN AND OR THE PLANNING AND ZONING ORDINANCE. STAFF PROVIDED TWO POINTS TO WHICH THEY FEEL THE APPLICATION DOES NOT MEET THE STANDARD, THE FIRST BEING THAT, BASED ON COMMERCIAL BUILDING TYPOLOGY DESCRIPTION WITHIN THE SED DISTRICT. THE APPLICANT'S REQUEST FOR AND I QUOTE THE APPLICANT'S REQUEST FOR A USE CATEGORIES CATEGORIZED AS A VEHICULAR SERVICE AND REPAIR FACILITY DOES NOT MEET THE INTENT OF THE COMMERCIAL BUILDING TYPOLOGY. THE MARYSVILLE ZONING CODE STATES THAT THE DESIRED DEVELOPMENT PATTERN IN THE D AS THE DESIRED DEVELOPMENT PATTERN IN THE SED IS COMMERCIAL AND MIXED USE DEVELOPMENT ALONG COMMERCIAL CORRIDORS THAT ARE ADJACENT TO RESIDENTIAL DEVELOPMENT. NEW DEVELOPMENTS SHOULD BE ORIENTED TO COMMERCIAL STREETS WITH PARKING AT THE REAR AND SIDES OF THE BUILDINGS. OUR SITE PLAN CHECKS THAT BOX. IT IS IMPORTANT TO UNDERSTAND THAT THIS LANGUAGE SPECIFICALLY FROM CODE SECTION 11 21.08 SUBURBAN COMMERCIAL DISTRICT COMMERCIAL BUILDING, TYPOLOGY. SO WITH THAT I WILL REREAD THE STAFF RESPONSE BASED ON COMMERCIAL BUILDING TYPOLOGY DESCRIPTION WITHIN THE SED. THE INTENT OF THE COMMERCIAL DEVELOPMENT IS TO BE ORIENTED TOWARD SUBVERSION, SUBURBAN COMMERCIAL CORRIDORS THAT ARE ADJACENT TO SUBURBAN RESIDENTIAL DEVELOPMENT. PROVIDING CONVENIENT RETAIL OPTIONS TO RESIDENTS IN THE SURROUNDING AREA. AS DESCRIBED THE APPLICANT'S REQUEST FOR A USE, CATEGORIZED AS VEHICULAR SERVICE AND REPAIR FACILITY DOES NOT MEET THE INTENT OF THE COMMERCIAL BUILDING TYPOLOGY IN OUR OPINION, THIS STATEMENT IMPROPERLY INCLUDES LANGUAGE. IT IMPLIES INTENT THAT IS NOT INCLUDED WITHIN THE CITY CODE FOR COMMERCIAL BUILDING TYPOLOGY. NOWHERE IN THE DIVE IN OUR REVIEW OF THE CODE NOWHERE IN THE DEFINITION OF COMMERCIAL BUILDING TYPOLOGY DOES IT REFERENCE USES. NOR DOES INTENT OF THE BUILDING TYPOLOGY TO ESTABLISH APPROPRIATE USES. THAT IS THE INTENT OF THE USE TABLE, WHICH IS INCLUDED, WHICH INCLUDES A PERMITTED AND CONDITIONAL USES FOR EACH DISTRICT. INSTEAD THE BUILDING TYPOLOGY IS INTENDED TO GUIDE BUILDING DESIGN AND SITE DESIGN. THE ELEMENTS WHICH ARE GOVERNED BY BUILDING TYPOLOGY ARE A LOT DIMENSIONS. PRINCIPAL STRUCTURE REGULATIONS, ACCESSORY STRUCTURE REGULATIONS, FENCE REGULATIONS SIGN REGULATIONS. PARKING REGULATIONS. DEVELOPMENT REVIEW, WHICH COVERS DESIGN REVIEW STANDARDS AND SUPPLEMENTAL REGULATIONS, WHICH COVERS OPEN SPACE REQUIREMENTS. THERE'S NO REFERENCE TO ANY USED TYPE IN THIS CODE SECTION THAT WE COULD IDENTIFY SIMPLY GUIDELINES FOR THE SITE AND BUILDING DESIGN. THE CODE SECTION, WHICH ADDRESSES THE PURPOSE AND INTENT OF S CD ZONING DISTRICT STATES. THE PURPOSE OF THE SUBURBAN COMMERCIAL DISTRICT IS TO PROMOTE A MIX OF USES IN CLOSE PROXIMITY TO RESIDENTIAL FORMS OF SUBURBAN DEVELOPMENT. THE S CD ALLOWS FOR THE ESTABLISHMENT OF COMMERCIAL AND INSTITUTIONAL USES THAT SUPPORT SUBURBAN DEVELOPMENT. THE PURPOSE OF THIS ZONING DISTRICT IS TO PROVIDE A MIX OF USES, AND NOWHERE DOES IT SUGGEST PROHIBITING A VEHICULAR SERVICE AND REPAIR FACILITY. IN FACT, THE ZONING DISTRICT ACKNOWLEDGES THAT THIS USE IS AN APPROPRIATE USE WHEN MEETING STANDARDS FOR CONDITIONAL USE, WHICH OUR APPLICATION DOES. WHEN OUR APPLICATION IS TAKEN INTO CONSIDERATION UNDER THE PURPOSE AND INTENT OF THE SED. AND DESIRE DEVELOPMENT PATTERN REQUIREMENTS. THE APPLICATION CLEARLY MEETS THOSE STANDARDS. FURTHER THE COMBINATION OF EXISTING USES IN THE CORRIDOR, ALONG WITH RECENT APPROVALS BY THE CITY OF MS MARYSVILLE FOR ADJACENT DEVELOPMENT WITHIN CLOSE PROXIMITY EXCUSE ME TO OUR SITE OR SIMILAR SITUATIONS WITHIN MARYSVILLE ALL LEND ADDITIONAL SUPPORT TO THE IDEA THAT MIXED USE DEVELOPMENT HAS DEFINED IN THE MARYSVILLE CODE CAN BE ACHIEVED WHILE ACCOMMODATING THE TRAVELING PUBLIC WITH PEDESTRIANS OR TRAVELING IN VEHICLES. BY WAY, OF EXAMPLE WE BELIEVE IT IS WORTH NOTING SOME OF THE FOLLOWING POINTS IN OUR ESTIMATION AND COUNT. THERE ARE MULTIPLE USES THAT CURRENTLY EXIST IN THIS FIFTH STREET CORRIDOR THAT HAVE BEEN APPROVED. INCLUDING THE VISION DEVELOPMENT PROJECT, AND OTHERS THAT DEPENDING ON WHEN THEY WOULD HAVE BEEN APPROVED, WOULD BE CONSIDERED CUP USES UNDER TODAY'S CODE APPLICATION. IN JUNE OF 2022 ABOUT I BELIEVE OVER A YEAR AFTER THE VISION CONDITIONAL USE PERMIT APPLICATION WAS APPROVED THE NEW MCDONALD'S ON WEST WEST FIFTH STREET RECEIVED UNANIMOUS APPROVAL FROM MARYSVILLE TO ADD A SECOND MENU ORDERING BOARD IN TWO TO INCREASE ITS EXTERIOR IDENTIFICATION SIGNAGE. AND TO INCREASE THE SQUARE FOOTAGE FOR SIGN AREAS. CLEARLY BOTH OF THESE VARIANCES ARE DONE TO ACCOMMODATE VEHICULAR TRAFFIC ON WEST WEST FIFTH STREET.

ADDITIONALLY IN THE MEETING MINUTES FROM THE HEARING, IT IS I BELIEVE IT WAS B A SAYS IT IS NOTED. THERE'S A THIS IS A COMMON VARIANCE REQUEST, AS MANY DRIVE-THROUGH RESTAURANTS ARE UTILIZING TO DRIVE THROUGH LANES. CITY STAFF IS LOOKING TO CHANGE THE CURRENT ZONING CODE

[00:25:04]

TO ACCOMMODATE THIS ISSUE. DISAPPROVAL BY THE CITY. JUST A FEW 100 FT FROM OUR SITE AND THE NOTE REGARDING CHANGING THE CODE IN OUR MIND, CLEARLY ACKNOWLEDGE THAT WEST FIFTH STREET HAS VEHICULAR NATURE TO IT AND THAT THE CITY'S RECOGNITION OF THAT VEHICULAR NATURE BECAUSE THE APPROVAL CAME MONTHS AFTER THE VISIONS APPROVAL OF THE VISION PROJECT. SO IN OUR MIND, THE MIX OF USES CAN VERY EASILY INCLUDE THE TRAVELING VEHICULAR PUBLIC WITH MULTIPLE USES. SERVICE ORIENTED RETAILS LIKE A VALLE INSTANT OIL CHANGE. LASTLY IN THIS FRONT, THE SHEETS THAT IS CLOSER TO THE FIVE POINTS INTERSECTION. I BELIEVE IT'S REFERRED TO IN MARYSVILLE. THIS IS A CONDITIONAL USE, NOT NECESSARILY OUR SAME DESIGNATION , BUT THIS USE WAS APPROVED BY MARYSVILLE AND IS DIRECTLY ACROSS THE STREET FROM RESIDENTIAL DEVELOPMENT.

APPROXIMATELY 50 PROPERTY LINE TO PROPERTY LINE. IN REGARDS TO THE SURROUNDING USES AND MARKET AND HOW THE USE IS EVALUATED AMONG THE ZONING CLASSIFICATIONS. IT'S IMPORTANT TO ALSO NOTE THE FOLLOWING A IS A BEST IN CLASS SERVICE RETAIL OPERATOR. WHILE OPINIONS MAY DIFFER ABOUT THE USE IN THIS LOCATION, WE BELIEVE THAT VALLE MEETS ALL THE CONDITIONAL USE PERMIT REQUIREMENTS AS WELL AS THE MARYSVILLE CODE REQUIREMENTS. WE FISH STREET CARRIES OVER 10,000 CARS A DAY. THE ADJACENT ROUTE. 33 CARRIES OVER 40,000 CARS A DAY. BLENDING A MIX OF USES AS A SUB SUBURBAN COMMERCIAL DISTRICT CALLS FOR AND IS DONE COMMONLY IN MANY PLACES, ALWAYS PROVIDES FOR UNIQUE BLEND OF USES BASED ON THE SPECIFIC MARKET AND SITE CONDITIONS. DALE IS PROVEN TO FIT INTO SUBURBAN DEVELOPMENT IN THE LARGE MAJORITY OF ITS CENTRAL OHIO LOCATIONS, TIME AND TIME AGAIN, WHICH IS HIGHLIGHTED AND I'LL TOUCH ON THIS AGAIN IN OUR SUPPLEMENTAL INFORMATION. THE SECOND POINT RAISED IN REGARDS TO THE GENERAL STANDARD B IN THE STAFF REPORT STATES. THE REQUESTED USE OF VEHICULAR SERVICE AND REPAIR IS NOT CATEGORIZED AS A SUGGESTED USE PER THE CITY'S COMPREHENSIVE PLAN. THIS STATEMENT. MY MISCONSTRUES THE INTENT OF THE COMPREHENSIVE PLAN AND THE DIFFERENCE BETWEEN THE EXISTING ZONING CODE AND THE COMPREHENSIVE PLAN. THE FUTURE LAND USE PLAN WITHIN THE COMPREHENSIVE PLAN INCLUDES NINE DIFFERENT FUTURE LAND USE DISTRICTS. THESE DISTRICTS ARE DEFINED WITH LANGUAGE REFERENCING BROAD TYPES OF USES SUGGESTED FOR EACH DISTRICT.

HOWEVER THE CONFERENCE OF PLAN IS SEPARATE DOCUMENT APART FROM THE CITY ZONING CODE. THEREFORE THE CONFERENCE OF PLAN DOES NOT REFERENCE SPECIFIC PERMITTED USES, AS IDENTIFIED IN THE ZONING CODE. IT'S NOT INTENDED TO DO SO. SO IN OUR MIND, IT'S NOT APPROPRIATE TO TAKE REFERENCES FROM THE COMPREHENSIVE PLAN AND THEN APPLY A LITERAL STANCE TO VEHICULAR SERVICE AND REPAIR. AS IT DOES NOT SHOW UP IN THE CONFERENCE OF PLAN, JUST AS VEHICULAR SERVICE AND REPAIR IS NOT LISTED SPECIFICALLY IN ANY FUTURE LAND USE DISTRICT. THERE IS NO SPECIFIC UH, THERE'S NO LIST OF SUGGESTED SPECIFIC PERMITTED USES IN THE COMPREHENSIVE PLAN DIRECTLY TO CORRESPONDING TO USES LISTED IN THE ZONING CODE. ACCEPTING THIS STATEMENT WOULD MEAN IT APPLIES TO PEN POTENTIALLY ANY USE, WHICH IS IDENTIFIED IN THE ZONING CODE, AND NOT IN THE COMPREHENSIVE PLAN, THEREBY MEANING MOST USES IN THE CURRENT ZONING CODE ARE NOT A SUGGESTED USE UNDER THE COMPREHENSIVE PLAN. THERE ARE SO OF THESE NINE DISTRICTS IN THE CONFERENCE OF PLAN THROUGH SUBURBAN RESIDENTIAL, MEDIUM DENSITY RESIDENTIAL NEIGHBORHOOD MIXED USE REGIONAL MIXED USE MEDICAL DISTRICT MANUFACTURING, UPTOWN OPEN SPACE AND CIVIC SLASH INSTITUTIONAL. THERE IS NO COMMERCIAL OR RETAIL DESIGNATION IN THE COMPREHENSIVE PLAN. OUTSIDE OF THE MIXED USE DISTRICTS. THEREFORE THE ONLY DISTRICTS WHICH CONTEMPLATE COMMERCIAL AND OR RETAIL SERVICE ORIENTED USES, LIKE VALLE ARE THE NEIGHBORHOOD MIXED USE AND REGIONAL MIXED USE. THE NEIGHBORHOOD MAKES YOU DEFINITION WITHIN THE COMPREHENSIVE PLAN STATES CRITICAL TO THE SUCCESS OF THE SUCCESS OF THE NEIGHBORHOOD. MAKES YOU TO DIS DISTRICT. EXCUSE ME, IS WELL INTEGRATED NEIGHBORHOOD RETAIL OPTIONS. THE DISTRICT SHOULD PRIORITIZE THESE OPTIONS SUCH AS CAFES, RESTAURANTS, AND IT'S IMPORTANT TO KNOW OTHER SERVICE ORIENTED RETAIL THAT CATERS TO LOCAL RESIDENTS FIRST. A QUICK SERVICE OIL CHANGE BUSINESS IS THE DEFINITION OF SERVICE ORIENTED RETAIL. UH, DARWEN IS NOT BRINGING CUSTOMERS FROM OTHER MUNICIPALITIES FOR SERVICE HERE.

THEY HAVE LOCATIONS IN OTHER MUNICIPALITIES. THEY ARE INTENDED TO SERVE MARYSVILLE RED RESIDENCE. THERE IS NO OTHER OR MORE APPROPRIATE O THE COMPREHENSIVE PLAN. THEN THE NEIGHBORHOOD MAKES YOU STITCH FOR QUICK SERVICE OIL CHANGE, WHICH FITS THE DEFINITION INTENT OF THE DISTRICT. THE SECOND GENERAL STANDARD, WHICH STAFF PROVIDES FEEDBACK REGARDING HIS 11 FOR 11 41.24 GENERAL STANDARDS APPLICATION TO ALL CONDITIONAL USES ITEM C WILL BE DESIGNED, CONSTRUCTED, OPERATED AND MAINTAINED SO AS TO BE HARMONIOUS AND APPROPRIATE IN APPEARANCE WITH THE EXISTING OR INTENDED CHARACTER OF THE GENERAL VICINITY, AND THAT SUCH USE WILL NOT CHANGE THE ESSENTIAL CHARACTER OF THE SAME AREA. WITH THIS STANDARD IN

[00:30:03]

MIND. WE NEED TO ADDRESS WHAT WE FEEL IS AN INACCURACY IN THE STAFF REPORT, STAFF STATES SAID.

AND I QUOTE IN GENERAL BASED ON STAFFS, RESEARCH OF OTHER VALVE, INSTANT OIL CHANGE LOCATIONS IN THE REGION. BUSINESSES ARE TYPICALLY BY COMMERCIAL AND OFFICE USES AND NOT A BUDDING TO RESIDENTIAL, AS THE PROPOSED USE WILL BE AT THE VISION DEVELOPMENT OUT PARCEL. AS NOTED IN THE SUPPLEMENTAL INFORMATION PROVIDED YESTERDAY BASED ON A REVIEW OF VALLEY LOCATIONS IN CENTRAL OHIO, IN REALITY, THE OPPOSITE OF STATS STAFF STATEMENT IS TRUE AND THE LARGE MAJORITY OF AL LE AND OIL CHANGE LOCATIONS IN THE CENTRAL OHIO REGION ARE EITHER DIRECTLY ABUTTING RESIDENTIAL PROPERTIES OF VARYING TYPES, INCLUDING BOTH SINGLE FAMILY AND MULTIFAMILY.

WHERE THEY ARE DIRECTLY ACROSS THE STREET OR IN VERY CLOSE PROXIMITY. THE VALLE USE EASILY FITS INTO COMMERCIAL CORRIDORS THAT ARE IMMEDIATELY ADJACENT TO RESIDENTIAL AREAS, WHICH HAS BEEN DEMONSTRATED BY VALLIN OVER AND OVER AGAIN AND THROUGHOUT OUR REGION. THE VALLE MAPS WITHIN THE SUPPLEMENTAL INFORMATION PROVIDED YESTERDAY WILL SHOW THE FOLLOWING THERE'S 21 VALVE, INSTANT OIL CHANGE LOCATIONS IN OUR REGION. 14 OF THOSE 21 LOCATIONS EITHER SHARE A PROPERTY LINE WITH WITH A RESIDENTIAL PROPERTY WHERE ARE DIRECTLY ACROSS THE STREET FROM A RESIDENTIAL PROPERTY OR WITHIN A CLOSE DISTANCE OF A RESIDENTIAL PROPERTY, AND IN SOME CASES, THEY CHECK BOTH BOXES. THE FACT THAT 66% OF THE VALVE LOCATIONS IN CENTRAL OHIO IMMEDIATELY ADJACENT TO RESIDENTIAL DEVELOPMENT OR WITHIN CLOSE PROXIMITY CLEARLY ILLUSTRATE THAT THE USE IS APPROPRIATE ADJACENT TO RESIDENTIAL PROPERTY IN THIS WEST FIFTH STREET CORRIDOR. ADDITIONALLY STAFF MAKES THE POINT THAT THE PROPOSED AND I QUOTE THE PROPOSED SITE IS ALSO DIRECTLY ACROSS THE STREET FROM HIGHLY UTILIZED AND DESIRABLE CITY PARK AMERICAN LEGION MEMORIAL PARK THAT HAS WALKING TRAILS, PICNIC SHELTERS AND EVEN AN AMPHITHEATER, WHICH HOSTS WEDDINGS. THE STAFF REPORT GOES ON TO SAY THE NEIGHBORHOOD MIXED USE DISTRICT INCLUDES A WELL INTEGRATED MIX OF HOUSING, NEIGHBORHOOD ORIENTED RETAIL AND PARKS AND PUBLIC SPACE, ALL CONNECTED BY A NETWORK OF COMFORTABLE, PEDESTRIAN FRIENDLY STREETS. FIRST VALVE WILL DO NOTHING TO DETRACT FROM ANY OF THIS. SECONDLY A LARGE NUMBER OF THE EXISTING USES WHETHER REQUIRING A CONDITIONAL USE PERMIT OR NOT. SUPPORT VEHICULAR TRAFFIC IN THE CORRIDOR, AND THEY WERE IN PLACE PRIOR TO THE VISION DEVELOPMENT BEING APPROVED IN 2021. SOME OF THOSE EXISTING USES ARE THE KROGER FUEL STATION, MARATHON FUEL AND CONVENIENCE STORE, WHICH IS OPEN 24 HOURS A DAY. THE SUDS BROTHER CAR WASH A FIVE DAY OPERATION, WHICH IS OPEN 24 HOURS A DAY. WENDY'S WHICH IS IMMEDIATELY ADJACENT TO OUR SITE, WHICH IS OPEN FROM 6:30 A.M. TO 1 A.M. MCDONALD'S WHICH HAS IS OPEN FROM 5 A.M. TO 11 P.M. SUNDAY TO THURSDAY AND 5 A.M. TO MIDNIGHT TO FRIDAY. A CV S PHARMACY WITH A DRIVE THROUGH THE PARK VIEW DRIVE THROUGH WITH WHICH IS OPEN UNTIL 10 P.M. MONDAY TO SATURDAY AND 9 P.M. ON SUNDAY AND THEN YOU HAVE TWO QUASI INDUSTRIAL INDU INSTITUTIONAL USES IN WHICH ONE IS RETAIL. AND ONE I THINK IS A INSTITUTIONAL USES AES, OHIO, A PUBLIC UTILITY WITH A LARGE OUTDOOR YARD FOR MAINTENANCE AND STORAGE, AND I'M SURE YOU IF YOU DIDN'T HAVE A CHANCE TO LOOK AT THE VIDEO AND AUDIO WE SHARED YESTERDAY. UH THAT'S WORTH LOOKING AT, AND ACE HARDWARE IS OBVIOUSLY A LARGE RETAILER. THEY HAVE A SIGNIFICANT OUTDOOR SERVICE AREA. THAT INCLUDES THE RENTAL OF HEAVY CONSTRUCTION EQUIPMENT, INCLUDING FRONT END LOADED BOBCATS AND EXCAVATORS. THESE ARE IN OUR MIND MORE INSTITUTIONAL TYPE USES THAT WOULD TYPICALLY NOT BE FOUND IN RETAIL OR RESIDENTIALLY ORIENTED CORRIDORS, BUT THEY WERE APPROVED. THEY WERE EXISTING WHEN RE WHEN THE VISION PROJECT WAS APPROVED. SO IN OUR MIND IT THESE POINTS CLEARLY IDENTIFY THAT COMMERCIAL AND AUTOMOTIVE CENTERED USES CAN CAN CAN AND DO, UH, COEXIST HERE. UH THE OTHER ELEMENT TO CONSIDER IS HOURS OF OPERATION VALVE IS A SIGNIFICANTLY LESS INTRUSIVE. IN TERMS OF HOURS OF OPERATION, TRAFFIC GENERATION AND NOISE VALVES. HOURS OPERATION ARE 8 A.M. TO 8 P.M. MONDAY TO SATURDAY AND NINE OR 10 A.M. TO 5 P.M. ON SUNDAY A BUSY VALVE SERVICES 50 CARS PER DAY. BY COMPARISON, ACCORDING TO DATA FROM THE INSTITUTE OF TRANSPORTATION ENGINEERS, TRIP GENERATION MANUAL, A FAST FOOD OPERATION LIKE THE WENDY'S NEXT TO OUR SITE WITH MCDONALD'S. THE WEST SERVES APPROXIMATELY 70 CUSTOMERS PER HOUR, BOTH IN THE MORNING PEAK AND THE AM PEAK AND THROUGHOUT THE DAY. 700 CARS MIGHT VISIT THOSE OPERATIONS, SO IN OTHER WORDS, WENDY'S WILL CREATE MORE TRAFFIC IN AN HOUR THAN VALVE WILL CREATE ALL DAY.

THE THIRD. PIECE THAT WE WANTED TO TOUCH ON IT WAS IN REGARDS TO THE HAZARDOUS OR DISTURBING TO EXISTING OR FUTURE NEIGHBORING USES, AND I APPRECIATE YOUR PATIENCE, LETTING ME GO DRONE ON UH, IT TALKS ABOUT EXCESSIVE PRODUCTION OF TRAFFIC, NOISE, SMOKE FUMES OR ODORS. STAFF

[00:35:06]

RAISED THE SAME CONCERN FOR BOTH OF THESE GENERAL STANDARDS FOR EACH OF THESE ITEMS. STAFF PROVIDED THE COMMENT. THE NOISE CREATED FROM THE PROPOSED USE WILL BE DISTURBING TO THE FUTURE RESIDENTS WILL BE UTILIZING THE MULTIPLE OUTDOOR GATHERING PLACES LOCATED AROUND THE VISION DEVELOPMENT PROPERTY, AS WELL AS RESIDENTS THAT ARE ENJOYING THE AMERICAN LEGION MEMORIAL PARK ACROSS D. I'M SORRY DIRECTLY ACROSS WEST FIFTH STREET. SO IN TERMS OF THE NOISE AND THE, UH UM, HERE. THE STATEMENT FROM STAFF IS LARGELY INACCURATE, AS VALVING USE PRODUCES LESS NOISE OR AT THE MOST COMPARABLE NOISE TO OTHER USES IN THE CORRIDOR. WE PROVIDED A CHART OF UH, COMPARABLE USES, AND I CAN TOUCH ON THAT A LITTLE BIT MORE FROM A NOISE GENERATION PERSPECTIVE.

THE LOUDEST PIECE OF EQUIPMENT USED AT A VALVE IS AN IMPACT AIR WRENCH, WHICH IS ONLY USED INSIDE THE BUILDING. AND IT IS USED IN AVERAGE OF 2 TO 3 TIMES PER DAY FOR TIRE ROTATIONS. OK CAN WE STEP BACK? I WANNA I WANNA GO BACK TO THE SITE REAL QUICK. CAN WE CAN WE BRING UP THE SITE? AND YOUR EASEMENT. THE QUESTION THAT I HAD, UM, YOU YOU INDICATED THERE'S TWO EASEMENTS.

ONE OF THEM WAS NOT REGISTERED. OK? ON YOUR PLAN. DO WE KNOW AND THAT'S A SANITARY EASEMENT. DO WE KNOW IF THERE'S A SANITARY LINE RUNNING THROUGH THAT EASEMENT? THAT THE ONE DOWN THERE TO THE LOWER? YEAH, THE BOTTOM RIGHT? BUT OUR UNDERSTANDING WAS THAT THAT IS OF RECORD. IT WAS A SANITARY EASEMENT. THAT MAY BE AN INCORRECT NOTE IN OUR PLAN. WE CAN WE CAN VERIFY THAT IN OUR TITLE WORK, WHICH YOU WHICH YOU SENT OUT YESTERDAY INDICATED THAT IT IS NOT REGISTERED THAT EASEMENT OR OR WHAT WE RECEIVED TODAY FROM JEFF. THERE IS A STORM. DO YOU HAVE THE SURVEY? THERE'S A STORM WATER EASEMENT. I BELIEVE SANITARY MAY HAVE BEEN RELOCATED OUT OF THAT INTO THE DRIVE EASEMENT. I BELIEVE WE CAN CLARIFY THAT. UH, SO THAT'S MY QUESTION IS THAT REALLY INACCURATE PORTRAYAL OF THE AMOUNT OF THE SITE THAT'S AVAILABLE OR IS THAT CORNER COULD THAT BE BUILT UPON AND THAT SOMETHING YOU KNOW A LOT OF TIMES MUNICIPALITIES THAT ARE LIKE US? THEY MAY HAVE AN EASEMENT THERE. IT MAY NOT MAY NOT HAVE BEEN INSTALLED. THAT POTENTIALLY COULD BE A PORTION OF THE SITE THAT COULD BE BUILDABLE. THAT WOULD BE MY QUESTION. IT'S OUR UNDERSTANDING THERE IS A UTILITY LINE THAT CROSSES THE WHETHER OR NOT THERE'S AMUSEMENT. WE CAN CONFIRM. UM OR IF WE WERE THE SAME CIVIL ENGINEERS THAT HANDLED THE VISION, REDEVELOPMENT AND ALL THE UTILITY WORK AS PART OF THAT, AND WE HAVE CONFIRMED AGAIN. THAT'S THE QUESTION MAY BE UNRECORDED IS WHETHER THAT EASEMENT AND I BELIEVE THERE IS AN EASEMENT WILL ABSOLUTELY CONFIRM IT IS WHETHER IT'S STORM . I BELIEVE AT ONE POINT IT MAY HAVE BEEN STORM AND SANITARY. IT IS THERE'S A STORM LINE RUNNING THROUGH AND IT IS THERE WELL. OR IT'S NO LONGER THERE BECAUSE IT WAS PART OF THE KROGER COMPLEX. IT'S THERE IN OUR UNDERSTANDING, IT'S BEING UTILIZED AS PART OF THE STORM WATER FOR THE VISION REDEVELOPMENT. I MEAN, THERE'S NOTHING SHOWING RUNNING PARALLEL OR RUNNING ADJACENT TO, UM, WENDY'S THERE. BUT THERE IS THE OTHER ONE RUNNING DIAGONAL SO WELL, WE HAVE. YES, WE CAN. THAT'S THEN THAT'S A THAT'S AN EXCELLENT POINT. SO MY QUESTION YOU KNOW, YOU HAD STATED THAT THIS IS A LI YOU KNOW, THE VALVOLINE IS ONE OF THE UNIQUE UM TENANTS THAT COULD POTENTIALLY USE THIS I. I WOULD DISAGREE, OR I WOULD CHALLENGE THAT ARGUMENT BECAUSE I DO BELIEVE THAT THE SITE IS LARGER THAN WHAT'S BEING PORTRAYED HERE AT 0.6 ACRES. UM I JUST WANT TO GET THAT ON THE TABLE AS NUMBER ONE. SO THE DRIVE THE DRIVEWAY EASE MEANT THAT WAS FOR A CURB CUT. I ASSUME AT THE FIFTH AT ONE POINT, THAT'S JUST NEVER BEEN. IT'S A PRIVATE EASEMENT. THAT'S IN BENEFIT OF WENDY'S. IT'S STILL IN PLACE, AND IT MUST BE, UH, NO, IT'S A IT'S A IT'S A DRIVEWAY EASEMENT, AND IT TALKS ABOUT THAT. IT'S A PARKING EASEMENT AND IT UH I BELIEVE IT AFFIRMATIVELY STATES. WE CAN VERIFY THIS THAT IT NO BUILDINGS CAN BE PLACED THERE. OK? ALL RIGHT. SO THOSE ANSWER MY QUESTIONS. I DON'T BELIEVE THAT ANYBODY ON THIS BOARD IS AGAINST THE VOLLEY, INCLUDING OUR PLANNING. SURE WHAT I DO BELIEVE IS THAT POTENTIALLY THERE'S BEEN A LOT OF EFFORT WITH THE CITY TO TRY TO REDEVELOP THIS AREA INTO A VISION OR IT'S KIND OF YOU COME OFF THE HIGHWAY. THIS IS WHAT YOU'RE ENTERING INTO MARYSVILLE. UM AND THAT IS WHERE I BELIEVE WE SEE WHEN YOU'RE REFERENCING EXISTING. UH, BUSINESSES ON FIFTH. I THINK THE IDEA IS TO TRY TO PROMOTE, UM MORE FRIENDLY, MORE RESIDENTIAL

[00:40:05]

FRIENDLY TYPE OF BUSINESSES, SO I DON'T WANT YOU TO TAKE OFFENSE TO NONE TAKEN. AND AGAIN. WE KNOW THAT'S WHY I MEAN, WHEN SOMEONE SAYS RESPECTFULLY DISAGREE THAT I MEAN, WE MEAN IT. THE STAFF HAS A JOB TO DO. YOU GUYS HAVE A JOB TO DO? THAT MAY NOT MEAN WE ALWAYS DISAGREE, BUT OR WE AGREE. I'M SORRY. AND I IN MY PERSONAL OPINION, WELL, WE WILL LET THE BOARD I'M GONNA OPEN UP TO THE BOARD TO ASK ANY FURTHER QUESTIONS. SO IN THE PHOTOGRAPHS THAT YOU PROVIDED UM, AND THE RESIDENTIAL AREAS. UH, MOST OF THOSE HAVE YOU KNOW LARGE TREE GROWTH IN BETWEEN RESIDENTIAL AND THE VALVE. HERE WE DON'T. WE'RE NOT GOING TO SEE THAT RIGHT? WE DON'T. THERE'S GONNA BE LIKE NO NOISE BARRIER BARRIER IN GENERAL. UM, ALSO, YEAH, A 1141 24. IS A GUIDELINE BUT SEE THE HARMONIOUS PART. IS WHAT I'M HUNG UP ON. IS THIS HARMONIOUS THIS WALKABLE? EXCUSE ME. JUST WALKABLE. IS THIS A GATHERING SPACE? THOSE ARE ALL THE THINGS THAT WE'RE AIMING FOR. IN THIS GENERAL AREA. I'M NOT SAYING, YOU KNOW. WE DON'T NEED A VALVE LINK BECAUSE WE DO, BUT THE I THINK THE BOARD IS GETTING HUNG UP. ON THE HARMONIOUS PART. OK AND I SUPPOSE THAT IN IN OUR COMMENTS THAT'S THE POINT WHERE THE I THINK IN OUR MIND WITH THE CODE IS VERY SPECIFIC ABOUT WHAT CAN BE WHAT'S PERMITTED HERE AND THE AND SO THE SUBJECTIVITY OF IT, I THINK IS WHERE WE ARE SEEING THE ISSUE AND IN IN THAT I THINK WHAT I'M HEARING YOU SAY, AND I I'LL SPEAK IT BACK TO YOU IS YOU GUYS HAVE NO PROBLEM WITH VALVE LI? YOU THINK IT'S A IT'S A GOOD USE. YOU JUST DON'T WANT IT HERE. WELL, WE HAVEN'T DECIDED THAT YET, EITHER, BUT JEFF, COULD YOU DO ME A FAVOR AND, UH, GO OVER TO THE MCDONALD'S, UM, THE NEW MCDONALD'S ON FIFTH BRING THAT UP ON GOOGLE EARTH, WHICH THEY WERE RUN RUN TO THE RINGER AS WELL AND THEY ALMOST DID NOT BUILD. NOW I WILL SAY THAT THAT IS A PERMITTED USE. THE MCDONALD'S WAS PERMITTED. UM SO THAT IS WHY THEY ARE THERE. THIS IS A REQUEST FOR A CONDITIONAL USE. SO THAT'S WHY WE'RE GOING THROUGH THESE ADDITIONAL STEPS ANY CONDITIONAL USE WE HAVE WITHIN THE CITY.

PLANNING COMMISSION HAS EVALUATED TO DETERMINE WHETHER IT IS APPROPRIATE FOR THAT SPECIFIC LOCATION. SO JUST CONTINUE TO KEEP THAT IN MIND AS YOU GUYS HAVE THESE DISCUSSIONS, AND I THINK PART OF AND AGAIN YOU GUYS HAVE BEEN PATIENT LISTENING TO ME DRAWN ON WITH THE FACTS AND EVERYTHING ELSE. YOUR PREPAREDNESS FOR THE RECORD AND IN THE AND WE CARE AND WE WE'RE NOT INTERESTED IN WASTING YOUR TIME AND IN OUR MIND SOME OF THE ELEMENTS WE FEEL LIKE, IF WHATEVER DECISION YOU'RE GONNA MAKE WE WANT YOU TO MAKE IT WITH THE MOST BROAD AND DETAILED FACTS THAT WE CAN PROVIDE. AND SO WHAT A LOT OF THE REASONING PROVIDED IS THAT, UH, VALLEY IS NOISY AND, UH AND IT'S NOT A HARMONIOUS USE HERE. AND I THINK WHEN YOU LOOK AT AND AT BOTH OF THOSE ELEMENTS AND THE FACT THAT IT'S NOT TYPICALLY A BUDDING RESIDENTIAL IF VALLE WANTED ON SOME OF THOSE RESIDENTIAL PROPERTIES WHERE THEY HAVE TREE COVER IF AS LONG AS THEY COULD CUT THOSE TREES DOWN, SO THERE'S NO GUARANTEE THAT ANY BUFFER WOULD EXIST BETWEEN 22. TWO USES IF ONE PROPERTY OWNER LIKE ANY OTHER WANTED TO GET RID OF IT, THE OTHER THING ON THE NOISE AND THE VINE. THIS IS IMPORTANT. THERE ARE, UH THERE IS A, UH PARKSIDE PUPS DOG. UH UH UH D DOGGY DAYCARE. UH THEY HAVE AN OUTDOOR THEY ADVERTISE ON THEIR WEBSITE. THEY HAVE AN OUTDOOR PLAY AREA. THAT'S 12,000 SQUARE FEET. IT'S ABOUT A THIRD OF AN ACRE. THEY CAN HANDLE UP TO 25 DOGS AT A TIME. SO A SINGLE DOG BARK IS 60 TO 90 DECIBELS. MULTIPLY THAT BY 25 WHERE YOU'RE GOING. SO WHAT'S MORE IN AND THIS IS WHERE IT GETS SUBJECTIVE . WHAT'S MORE DETRIMENTAL TO THE HARMONIOUS NATURE OF THE RESIDENTS, IS IT 25 DOGS BARKING OUTSIDE AT THE SAME TIME, OR IS IT AIR? IS IT AN IMPACT AIR RANGE BEING USED INSIDE A BUILDING 2 TO 3 TIMES A DAY, THE OTHER ELEMENT THAT I WOULD ASK YOU TO TAKE INTO, UH, ON THE NOISE SIDE BECAUSE I THINK THIS IS IMPORTANT TRAVELING IS OR I'M SORRY. WENDY'S IS OPEN TILL 1 A.M. THEY'RE ORDERING BOARD FACES THE VISION DEVELOPMENT PROJECT. THEY ARE OPEN AT 630 IN THE MORNING. SO YOU MIGHT HAVE PEOPLE THAT ARE NOT UP FOR WORK YET, OR WANT TO GO TO BED AT WORK. AND THERE IS SOMEBODY ORDERING AT THE DRIVE THROUGH AT 6:30 A.M. OR AFTER MIDNIGHT. AND SO TO ME WHEN YOU SPEAK ABOUT HARMONIOUS, IT MAY NOT BE THAT THIS IS TOTALLY, UH PEDESTRIAN FRIENDLY. IT'S PERHAPS MORE AUTO

[00:45:06]

ORIENTED, BUT IN ROBIN, CORRECT ME, I MEAN, IF SOMEBODY NEEDED WINDSHIELD WIPERS, COULD THEY WALK IN AND BUY THEM AT THE COUNTER? THEY MIGHT BE ABLE TO DO THAT THAT THEY PULL IN SO WE CAN SERVICE THEIR LEGAL AT THE SAME TIME, OK, SO PERHAPS NOT, BUT I THE I GET YOUR POINT. YEAH I DON'T KNOW WHAT IT'S IN AND WITHOUT BELABORING IT AND THE OTHER PIECE. JUST THE LAST THING THAT I WOULD SAY THAT'S IMPORTANT HERE BESIDES THE NOISE , AND YOU KNOW YOU HAVE THE HEAVY EQUIPMENT OUT THERE AND THE VIDEO WE SENT OF THE OF THE OF THE AES. UH, YOU KNOW, CASTRO IS ALSO A LARGE MULTIFAMILY DEVELOPER. WE HAVE BUILT APARTMENTS ■ADJACENT TO ADJACENT GRACELAND SHOPPING CENTER ADJACENT TO KROGER'S LOADING DOCK. UH, WE ARE REDEVELOPING A NUMBER OF SHOPPING CENTER IN THE AVENUE RIGHT NOW WHERE YOU WILL HAVE RETAIL RIGHT UP AGAINST, UH LOADING AREAS AND THOSE LEASE THEY ARE IT IS NOT A DETRACTION AND IN OUR MIND, FRANKLY, IT'S COMPLIMENTARY AND PROVIDES AMENITIES. AND THE LAST PIECE IS THAT IN IN OUR UNDERSTANDING, AND IN OUR EXPERIENCE AT CASTO AND BASED ON INFORMATION THAT WE'VE BEEN PROVIDED WHEN THERE IS ANY SORT OF DISCREPANCY BETWEEN ZONING CODE AND PRIVATE PROPERTY RIGHTS. THE RESTRICTIONS OF REAL PROPERTY ARE SUPPOSED TO BE CONSTRUED IN FAVOR OF PERSONAL PROPERTY RIGHTS OR OR OR REAL PROPERTY RIGHTS. AND THE ZONING RESTRICTIONS ARE IN DEROGATION OF THE RIGHT TO USE PRIVATE PROPERTY AND THEREFORE STRICTLY CONSTRUED. THE SCOPE OF A RESTRICTION CANNOT BE EXTENDED BEYOND THE PLAIN TEXT. SO OUR POINT IN HIGHLIGHTING THAT THERE ARE EIGHT STANDARDS AND IF WE CHECK THOSE BOXES WE SHOULD BE APPROVED AND AGAIN THE USE WE CAN. WE CAN. WE CAN DEBATE THAT ALL DAY LONG. AND THEN THE LAST PIECE IS ANY AMBIGUITY IN THE CODE MUST BE CONSTRUED IN THE APPLICANTS FAVOR TO PERMIT THE USE OF THE SITE, AND THOSE ARE THOSE ARE, UH, THAT IS OHIO CASE LAW THAT IS THOSE ARE AND WE'D BE HAPPY TO SHARE THAT INFORMATION WITH YOU, BUT IT'S JUST WE? WE WANNA BE THOROUGH. WE'RE NOT INTERESTED IN WASTING YOUR TIME. WE FEEL LIKE THIS IS AN APPROPRIATE USE. WE KNOW THERE MAY BE DIFFERING OPINIONS, WHICH WE HAVE NO PROBLEM WITH. BUT IN THIS CASE UNDER REVIEW AND HEAVY REVIEW OF THE MARYSVILLE CODE, WE FEEL LIKE WE'VE DONE EVERYTHING HERE TO FIT IN, AND WHEN THE EXISTING USES ARE CONTEMPLATED, WE CHECKED THOSE BOXES WE FIT IN. AND WE RECOGNIZE THAT THAT THIS CORRIDOR IS IMPORTANT TO MARYSVILLE. YOU'RE LOOKING TO, UH, PERHAPS FACILITATE REG GENTRIFICATION. THE VALVE BUILDING IS GONNA DO NOTHING TO TAKE AWAY FROM THAT. AND THAT THAT MAY BE A DIFFERENCE OF OPINION. BUT I THINK WHEN YOU LOOK AT THE APPLICATION OF THE CODE, THE COMP PLAN AND WHAT WE'RE AFTER THE CONSISTENCY IS THERE OK, SO, I. I HAVE A HANDFUL OF COMMENTS, MAYBE JUST TO GENERATE DISCUSSION. AND THEN MAYBE WE JUST ONE OR TWO QUESTIONS. UM, I WILL SAY I DON'T. I THINK IN MY A LITTLE OVER TWO YEARS ON THIS BOARD. I HAVE NEVER COME INTO AN ARTICLE SO TORN COMING INTO IT. USUALLY YOU'VE GOT A GOOD FEEL ONE WAY OR THE OTHER BEFORE YOU EVEN HEAR IT. UM I I'VE LITERALLY BEEN MAKING MY OWN LIST OF PROS AND CONS. BECAUSE I AM TORN. UH, I JUST WANTED TO POINT OUT A COUPLE OF THINGS. YOU YOU KNOW YOU RELATED THIS TO THE SUDS BROTHERS AND I, YOU KNOW, FIRST DOUBLE CHECKED. AND YES, IT IS IN THE SAME DISTRICT, BUT TO MR W POINT WE'RE WE'RE IT'S AN ENTRYWAY ARTERY. SUDS BROTHERS ISN'T ON OUR OUR MAIN ARTERY, SO I WOULD I WOULD I WOULD BEG TO SAY THAT YOU CAN'T REALLY COMPARE THOSE TWO BECAUSE OF THEIR LOCATION. EVEN THOUGH THEY ARE IN THE SAME DISTRICT. UM BUT YOU'RE RIGHT, VERY SIMILAR IN NATURE AS A AS A BUSINESS. UM ASSUMING THE EASEMENTS ARE DRAWN OUT CORRECTLY, I, I DO FEEL THIS IS A YOU KNOW A GOOD USE OF SUCH A SMALL SPACE BECAUSE YOU WON'T HAVE A LOT OF PEOPLE PARKING. YOU DON'T NEED A LOT OF PARKING SPACES BECAUSE IT'S THAT DRIVE THROUGH ON THAT SAME NOTE, I DO NOW. HA KIND OF HAVE A QUESTION. I'M GLAD YOU BROUGHT UP THE WINDSHIELD WIPERS BECAUSE I WAS GOING TO ASK WHAT IS YOUR RATE KIND OF PEOPLE WHO NEVER GET OUT OF THEIR CAR? VERSUS PEOPLE WHO PARK AND MOVE AROUND THE SPACE AND I ASK BECAUSE MY FIRST INSTINCT WAS IN THIS AREA. YOU WANT TO DRIVE THAT ADDITIONAL RETAIL RIGHT? YOU WANT SOMEONE WHO'S GOING TO WALK OVER TO A STORE AND BUY AAA AN ITEM AND THEN GO GET LUNCH AND THEN WALK OVER TO THE PARK AND BUSINESS LIKE THIS. WHERE THE INDIVIDUALS NEVER GETTING OUT OF THE CAR.

YOU'RE NOT. YOU'RE NOT DRIVING THAT, BUT I WOULD LOVE TO HEAR. HOW YOU FEEL. THE RATIO IS OF

[00:50:05]

PEOPLE WHO ACTUALLY GET OUT OF THEIR CAR. WELL. THE PARKING LOT LOT IS FOR WHO IS ONLY OK, BECAUSE OUR CUSTOMERS DON'T GET OUT OF THE CAR IF ALL THEY WANT IS TO PURCHASE WIPERS. WE'LL BE HAPPY TO HAVE THEM PULL IN, UNDERSTOOD AND PROVIDE THEM WITH THE WIPERS AND IN THAT, THEN OR THAT? OK? AND THEN KIND OF CONTRADICTING MY OWN THOUGHTS. AND LIKE I SAID, I'M I'M ON THE FENCE AND YEAH, IT'S NO DIFFERENT THAN PEOPLE WHO JUST DRIVE THROUGH WENDY'S OR JUST DRIVING THROUGH AND GETTING FUEL. THEY'RE NOT GETTING OUT OF THEIR CARS, EITHER. SO I'M I'M TORN AND IT'S A IT'S. IT'S ALWAYS AN INTERESTING DYNAMIC, BUT THAT'S WHERE IN OUR IN OUR BUSINESS, WE COME BACK TO. WHAT IS THE CODE SAY? HOW DO YOU APPLY IT? HOW DOES THE USE FIT? HOW DOES THE SITE PLAN LAYOUT? WE OBVIOUSLY WILL CONFIRM ALL THE INVERT EASEMENT INFORMATION FOR YOU, BUT, UM APPRECIATE THE FEEDBACK AND QUESTIONS. THAT WAS MR. UH, I JUST WANT TO CLARIFY.

SO THE DRIVE EASEMENT THAT IS UM , AND NO MEANS A WAY FOR PEDESTRIAN. EASEMENT AS WELL TO CROSS TO GET OVER TO THE BAR. THERE'S NO PLANS FOR A PEDESTRIAN CROSSWALK IN ANY WAYS TO GET TO THE NO. AND AGAIN THAT WE DON'T HAVE THAT EASEMENT WITH US THIS EVENING, BUT MY AGAIN AS I SAID, IT'S THERE ARE VERY SPECIFIC CAN AND CAN'T DO WITHIN THAT EASEMENT THAT HAS BENEFITS WENDY'S CORRECT AND, UM, A SECOND FOLLOW UP. UM THE EXAMPLES YOU PROVIDED IT LOOKED LIKE WE'RE ALL IF NOT MAJORITY OF THEM IN COLUMBUS PROPER. UH, NO. UH I, I THINK THEY ALL HAD A SIGHT LABEL ADDRESS. BUT I MEAN, YOU HAVE, UH, COLUMBUS. GRANDVIEW HEIGHTS. YOU HAVE UPPER ARLINGTON. UH CENTRAL OHIO . THEY'RE ALL CENTRAL OHIO CLINTONVILLE. I THINK THERE'S TWO IN CLINTONVILLE. UH, SO I MEAN, IT'S WE LITERALLY MAPPED EVERY VALVE AND THE REST SO THAT THAT'S IT. THOSE ARE UH, THOSE ARE THE 21 LOCATIONS THE RED IS AND IT SHOULD HAVE A KEY UP THERE. I THINK THE RED IS THEY SHARE THEIR SHARE PROPERTY WITH, UH UH, A PROPERTY LINE OR THEY'RE IN A CLOSE PROXIMITY TO, UH, RESIDENTIAL AND THEN OBVIOUSLY, THEN WE PROVIDED AERIALS THAT SORT OF IDENTIFIED TO THE EXTENT WE COULD, WHERE THEY FELL ON THE GIS FOR THAT MUNICIPALITY. I HAVE A QUESTION ABOUT HOW THE DRIVE THROUGH WORKS. UM, JUST SO THEY DRIVE UP. DOOR GOES UP. THEY COME IN. DOOR GOES DOWN. DO THEY STAY? DOWN OR, YOU KNOW, BECAUSE WE'VE SEEN. I MEAN, YOU'VE SEEN AUTO FACILITIES THAT KEEP THEIR DOORS OPEN. 20 THE SUMMER. FOR YOU KNOW, AIR CONDITIONING AND STUFF LIKE WE DO LIKE TO KEEP OUR DOORS OPEN WHEN WEATHER. UM OUR CUSTOMERS COME IN. UM AND THEY SHOOK THEIR CAR OFF, SO THERE'S NO EXHAUST. SO, UM YOU KNOW, WE WILL SHUT THE DOORS. IN THE WINTER, RIGHT, YOU KNOW, RAINING, ET CETERA. UM, BUT WE'LL GO OUT AND GREET THE CUSTOMER BEFORE THEY EVER COME IN. ESPECIALLY IF THERE'S MAYBE A CUSTOMER WAITING. WE MIGHT, UM DIRECT THEM TO ANOTHER BAY. BECAUSE MAYBE THE CUSTOMER THAT'S IN THAT B NOW HAS SOME MORE EXTENSIVE SERVICES THAT THEY WANT. SO, UM, YEAH, WE GREET THE CUSTOMER. THEY'LL COME IN DOORS. TYPICALLY STAY OPEN. AND JUST ONE CLARIFICATION ON THAT POINT, ROBIN, PLEASE CORRECT ME IF I'M WRONG. NO WORK EVER HAPPENS OUTSIDE OF THE BUILDING. THAT IS CORRECT THAT THAT'S ONE OF THE REASONS WHY WE HAVE EMPLOYEE PARK. THERE'S NO OVERNIGHT PARKING UM AND YES, THE WORK IS IN THE BUILDING. IT'S IN THE BAY, OR IT'S FROM DOWN BELOW. AND UNDERNEATH THE CAR. AND ALONG THOSE LINES IN THE SENSITIVITY SURROUNDING COMMUNITY, THE LOUDEST PIECE OF EQUIPMENT THAT IS USED REGULARLY IN A VALINE OTHER THAN THE AIR IMPACT RANGE IS THE AIR COMPRESSOR, WHICH IN THE BASEMENT, SO IT'S BELOW GROUND IN A SOUND DEADENED ROOM FOR THAT REASON, SO AS NOT TO BE A DETRIMENT TO THE SURROUNDING AREA. UH, 11. OTHER QUESTION, MA'AM. UH ARE YOU CHANGING TIRES OR OR IS THIS A TIRE FACILITY TOO? OR IS JUST AN OIL CHANGE FACILITY WILL ROTATE TIRES JUST THEY'RE NOT REPLACING OR YOU CANNOT PURCHASE TIRES AT ABOUT I. I WILL ADD WHEN IT WHEN WE DO PERFORM THE TIRE ROTATION. WE DO ASK THE CUSTOMER TO GET OUT OF THE CAR TO A WAITING ROOM. FOR THE FEW MINUTES THAT IT TAKES.

JUST THAT THE YOU KNOW, OUT OF THE BODY OF THE CAR. OK, FOLLOW UP QUESTION. SO IS THIS BY

[00:55:05]

APPOINTMENT ONLY IS THERE A CONTROLLED TRAFFIC FLOW? UM IS YOU SAID IF ANYONE'S WAITING WHERE DO THEY WAIT ON THE SITE ARE STACKING. OUTSIDE THE BIG HORSE. AND, UH, THE WAY WE PRIDE OURSELVES IN 15 MINUTES. THAT TO ME. STACKING IS ON THE EAST SIDE OF THEIR PLAN. RIGHT OF THE BUILDING. HERE YOU GO. SO IF THEY, YOU KNOW, THAT'S ONE OF THE REASONS WHY OUR, UM UM TECHNICIANS WILL GO OUT AND MEET OUR CUSTOMERS. JUST TO LET THEM KNOW HOW LONG THEY MIGHT HAVE TO WAIT. THEY MIGHT WANT TO COME BACK, SO WE OFFER THEM A WAY AROUND THE BUILDING. BUT WE TYPICALLY CALL THEM A STING, AND THEY CAN GET BACK AT A LATER TIME. BUT WE TYPICALLY DO NOT SCHEDULE APPOINTMENTS. AND SO, ACTUALLY, THIS IS A SO YOU CAN SEE ON THIS PLAN. YOU CAN SEE THAT, UH, EASEMENT. BOTH OF THOSE STORM LINES THAT ARE ON SITE, AND THEN YOU HAVE THE DRIVE EASEMENT HERE ON THE WEST SIDE. SO UH, WE CAN FOLLOW UP AND PROVIDE THOSE COPIES OF THOSE EASEMENTS. WE'LL VERIFY THAT THE, UH AND I GUESS THIS LABEL AGAIN, IT SAYS NOT RECORDED, SO WE'LL HAVE TO LOOK INTO THAT. I APOLOGIZE FOR NOT HAVING A BETTER ANSWER. YEAH. I DON'T WANNA GET TOO FOCUSED ON THE CIRCULATION OF THE SITE. WE'RE JUST MORE ABOUT WHETHER WE'RE GONNA PASS IT AS A CONDITIONAL USE GROUP, RIGHT? FOR WHICH WE THANK YOU. TRIPLE CHECK. PRETTY SURE I KNOW THE ANSWER. UM FIFTH STREET IS TO THE TOP OF THIS PLAN. TOP AND SO THE YOU KNOW, UH, THE OVERHEAD DOORS DO NOT FACE UH, FIFTH STREET. AND IT WOULD I MEAN THE OTHER PIECE IS THE, UH, THE BUILDING IS MASONRY TO, UM I THINK WE'RE PROPOSING BRICK HERE. SO BRICK BUILDING. I MEAN, IT'S UH IT'S A VERY NICE BUILDING PITCH ROOF, TYPICALLY TO PITCH SHINGLED ROOF SO YEAH. SO AGAIN. LASTLY I THANK YOU. I KNOW IT'S A LONG LOT OF WORDS.

UH, THANK YOU FOR HEARING US OUT AND GIVING US A CHANCE TO SHARE AND WE APPRECIATE STAFF'S TIME ON THE REPORT. WE HAVE ANY OTHER COMMENTS FROM BOARD MEMBERS BEFORE WE OPEN UP TO CITIZENS.

JEFF, COULD YOU PLEASE GO BACK TO UH, MCDONALD'S YOU GIVE ME THE REASON WHY I'M A, UH, HAVING JEFF, BRING THIS UP. UM SO THAT LARGE VACANT LOT, JEFF BOTTOM LEFT. YEAH HAVE YOU GUYS CONSIDERED THAT AS A PROPOSED SPOT FOR VALVE? WE HAVE NOT. SO SCROLL DOWN HAIR. SO IF YOU NOTICE RESIDENTS RESIDENTS DRIVE THERE, THOUGH THOSE ARE GARAGES, OK AND THEN ON DAMASCUS ROAD IS THE CAR WASH AND COMMERCIAL AND THEN ON THE OTHER SIDE ARE ARE HEAVY WOOD LOTS. SO WHERE THAT CROSS SECTION DEAD ENDS. IS THE MCDONALD'S. AND I FEEL AS IF THE BOARD I DON'T WANT TO SPEAK FOR EVERYBODY. BUT THAT WOULD BE YEAH, AND I DON'T THINK I DON'T THINK IT'S OUR DECISION WHERE THEY BUILD. SURE I'M JUST BUT BUT THERE'S PROBABLY A HALF DOZEN LOCATIONS WITH THROUGHOUT THE CITY THAT I WOULD FEEL WOULD BE A BETTER LOCATION THAN WHAT'S BEING PROPOSED. I AGREE. AND THIS WAS THE CLOSEST TO THE PROPOSED LOCATION. BUT YEAH, THE CAME TO MIND. WELL WELL, WE JUST ONE POINT ON THAT. SURE. WELL NO . I APPRECIATE THAT POINT BEING RAISED. FROM YOU KNOW, UH, IN IN OUR DAY, DAY TO DAY LIVES AS REAL ESTATE PROFESSIONALS, WHETHER OR NOT SOMEBODY IS A WILLING SELLER WHETHER THE ECONOMICS TIMING OF THOSE DEALS WORK ARE ALL ELEMENTS THAT WE CANNOT CONTROL. VALLIN CANNOT CONTROL BUT TO, UH AGAIN. WELL YOU WE ALL MAY DISAGREE ON WHAT WE'RE ASKING HERE, I THINK TO, UH I THINK TO SPECULATE ON ALTERNATIVE USES IS CREATES A DISTRACTION FROM, I THINK THE QUESTION THAT WE'RE OBLIGATED TO ANSWER OURSELVES AND THE BOARD.

OK, THAT'S ALL RIGHT. ALL RIGHT. THANK YOU. UM, NOW I WOULD LIKE TO OPEN IT UP TO CITIZENS. IS THERE ANY CITIZENS PRESENT THAT WOULD LIKE TO COMMENT ON THIS APPLICATION? PLEASE COME TO THE PODIUM AND STATE YOUR NAME AND ADDRESS. GOOD EVENING, EVERYONE. YEAH, THERE WE GO. MY NAME IS MICHAEL GEORGE AND I LIVE AT 50 GRAND AVENUE. UH, IN MARYSVILLE. ALL RIGHT. THANKS MICHAEL. COULD

[01:00:05]

YOU, UH, YOU'VE GOT, UH PODIUM. JURORS. OK UM WELL, FIRST OF ALL , UM YEAH. THANK YOU ALL FOR YOUR INTEREST IN BUILDING IN OUR COMMUNITY. UM MISS ROBIN HAVE BEEN TO THE VALINE, UH, OVER BY PLAIN CITY, COSTCO. THEY ALWAYS KEEP IT REALLY CLEAN. UM IT'S UH , YEAH, IT'S A GOOD FACILITY. I AM, UH, RESIDENT THAT LIVES NEARBY. WHERE THIS PROPOSED ONE IS GOING TO BE, UM, OF A NINE YEAR OLD, A SIX YEAR OLD AND TWIN FOUR MONTH OLDS. SO WE DO A LOT OF WALKING, UM, ESPECIALLY AROUND THAT AREA. UH SO THAT'S ONE OF THE ONE OF THE ASPECTS OF THE THIS THAT, UM KIND OF I'M THINKING ABOUT A LOT JUST THE DAY TO DAY. UH, WALK ABILITY. UM AND SO THAT'S PART OF MY I GUESS OPPOSITION TO SOMETHING LIKE THIS, UH, BEING PLACED THERE? UH, I SPOKE WITH A COUPLE OF THE OTHER RESIDENTS OF MY AREA AND ALSO REPRESENTATIVES OF MY WARD. UM, AND IT IT WAS PRETTY MUCH MAJORITY THAT WOULD PREFER THIS NOT TO NOT TO BE GOING IN THAT SPOT. UM SO I GUESS IF THE PARTY OF WE LIKE VALVOLINE BUT PREFER THAT NOT TO BE THERE. UM, I DID. I WAS THINKING OF THE SUGGESTION . UM THAT, UH, ROBERT MADE ABOUT , UH, BY THE MCDONALD'S OR LIKE THAT AREA THOUGHT, BOY. THAT WOULD BE A GREAT, UH, SPOT FOR IT. ONE OF THE OTHER ASPECTS. UH THOUGH I'M ALSO, UH, THINKING ABOUT IS I ALSO AM ON THE PARKS AND REC COMMISSION AND I'M THE CHAIR THIS YEAR, UM, ONE OF THE PARKS JUST BY PROXIMITY, SINCE IT'S SO CLOSE THAT I HAVE SPECIAL FOCUS ON AS AMERICAN REGION. UM AND VERY SIMILARLY, THE WALK ABILITY ALSO, UH, THE AESTHETICALLY PLEASING ELEMENT OF, UH, SOMETHING LIKE THIS, UM, BEING BEING SO CLOSE BY, UM I WAS HOPING, UM, AND OF COURSE, UH, THAT THAT'S JUST THAT'S ME AND JUST SOME OF THE RESIDENTS AROUND THERE THAT IT WOULD BE LEAN FOR THE COMMERCIAL. THE RETAIL THE DINING THAT TYPE OF, UM THOSE TYPES OF BUSINESSES IN THIS TYPE OF LOCATION. UM SO I HAVE NO DOUBT THAT IF A VALVE WERE TO END UP BEING THERE THAT, UM IT WOULD BE, UM UH WELL RUN BUSINESS AND LIKE I SAID, LIKE I MENTIONED BEFORE THE AT LEAST THE ONE IN PLAIN CITY THEY KEEP IT REALLY CLEAN. AND UM, THEY SEEM LIKE A GOOD OPERATION GOOD BUSINESS. BUT UM, WANTED TO SPEAK THAT PERSONAL OPINION PREFERENCE. UM, THIS EVENING, SO WELL, THANK YOU. FOR YOUR OPINION, MR GEORGE. IS THERE ANY OTHER RESIDENTS THAT WOULD LIKE TO SPEAK TONIGHT? OK HEARING NONE. I WOULD LIKE TO GIVE YOU THE OPPORTUNITY TO SPEAK. UH, WITH REGARDS. SHOULD YOU LIKE TO RESPOND TO THE RESIDENT? ABSOLUTELY MR GEORGE FIRST.

THANK YOU FOR SITTING THROUGH THAT. UH UH, THAT'S NOT ALWAYS THE MOST ENJOYABLE PART OF YOUR WEDNESDAY EVENING. SO THANK YOU FOR THE COMMENTARY AND TAKING THE TIME TO BE HERE AGAIN, I WOULD MY ONLY THOUGHTS BACK TO THAT ARE TO REFER TO SOME OF THE COMMENTS I MADE BEFORE ABOUT TALKING ABOUT WALK TRAFFIC. I THINK WE'VE DEMONSTRATED THAT VALLE IS A SIGNIFICANTLY LOWER TRAFFIC GENERATOR NOISE GENERATOR THEN AND MANY OF THE OTHER USES OUT HERE SO THAT AGAIN AGREE TO DISAGREE, BUT BUT I THINK APPRECIATE YOU BEING HERE AND I WOULD BE HAPPY TO TALK OR ANSWER ANY OTHER QUESTIONS THAT MIGHT ADDRESS YOUR CONCERNS OR THAT OF YOUR NEIGHBORHOOD. YEAH, THANK YOU. OK WITH THAT BEING SAID, UM, WHAT IS THE WILL OF THE BOARD? I HAVE ONE QUESTION FOR THE STAFF. IS THERE A PROPOSED PLAN FOR PEDESTRIANS FROM AMERICAN LEGION OVER TO THIS NEW SITE AT ALL. AS THE DISCUSSION CAN GET THAT INTERSECTION TO YOU. BEEN ACROSS THERE, BUT I NOTHING. OK, SO ACTUALLY. HAS THERE BEEN ANYTHING AT THE AT THE PARKS AND REC COMMISSION IN THOSE DISCUSSIONS. EXACTLY LIKE WITHIN OUR SCOPE. UM, I THINK THAT'S MORE. STREETS AROUND. DISCUSS FOR THAT. SO WE DON'T. UH WE DON'T. I DON'T KNOW IT. IT'S A GOOD QUESTION, BUT I DON'T HAVE THE ANSWER TO THAT RIGHT NOW. IS THAT SOMETHING THAT MIGHT BE IN THE NEW THOROUGHFARE PLAN? MM. LET ME LOOK AND SEE. UM UM YEAH. SO THIS PATH AREA RIGHT HERE AND WE'RE WHERE LE COMES OUT, AND I'M COMING DOWN. THIS WAY GOING TOWARDS THE ALDERSGATE PARK

[01:05:05]

AREA. UM. OK, SO JUST UM, WE HAVEN'T HAD A CONDITIONAL USE IN A LITTLE WHILE. UM IF THERE IS A IF YOU VOTE NO, WE JUST NEED YOU TO RELATE THAT BACK TO ONE OF THOSE ITEMS OUTLINED, UM, WITHIN THE ZONING CODE THAT RELATE TO THOSE QUESTIONS. UM SO SAY NO BECAUSE DOES NOT RELATE TO SECTION DA DA DA. SO IF YOU HAVE YOUR STAFF REPORTS UP, THAT'LL HAVE THOSE OUTLINED ON THERE.

THE QUESTIONS THAT THEY RESPONDED TO, AND STAFF RESPONDED TO OK? AND I'M JUST SO DO WE NEED A MOTION FOR APPROVAL OR A MOTION TO VOTE FOR A VOTE? I THINK THEY WANT THEY NEED TO.

THEY NEED TO CHOOSE OK? I THINK IT'S PRETTY OBVIOUS THAT THEY WANNA. I MEAN, THAT'S YEAH. UP TO THE BOARD NEEDS TO DECIDE TO MAKE THAT MAKE THAT MOTION. YOU GUYS ALWAYS HAVE THE OPTION OF AFTER OUR COMMENTS TO DECIDE WHETHER OR NOT YOU WANT US TO VOTE TONIGHT. WE ARE DOWN ONE MEMBER. BY THE WAY. WHAT'S THAT? WE ARE DOWN TO ONE MEMBER RIGHT SO IT WOULD BE FOUR VOTES TO PASS FOR 34. IT'S FOUR MAJORITY IS REQUIRED MAJORITY IS REQUIRED SO YOU NEED AND THEN IF WE OTHERWISE IT'S TABLING AND YOU'RE COMING BACK. YOU'RE COMING BACK. CORRECT? YES. SO WE WOULD UH, UH, YEAH, I WOULD LIKE I THINK WE'D LIKE TO REQUEST A VOTE, PLEASE, OK. ALL RIGHT. SO MY, EVEN THOUGH MIKE IS NOT PRESENT BASED ON OUR, UH, ROLES OF PROCEDURES, HE STILL COUNTS TOWARD THAT BOARD MEMBER. UM, SO WE WERE COUNTED AT SIX. THE RECUSAL. BOB SAT DOWN FROM S FROM 7 TO 6 SO STILL NEED MAJORITY OF THE SIX TO GET THAT PASSED. IF IT'S 3 TO 3, THAT IS A DENIAL. YOU STILL LIKE TO FOR THE VOTE? OK? JUST JUST REAL QUICK. SO WITH THE CONDITIONAL USE YOU, THE BOARD DOES HAVE OPTIONS TO ADD CONDITIONS TO THAT. SO IF THERE'S CONCERNS WITH THE BAY DOORS LIKE YOU COULD HAVE A CONDITION THAT THEY HAVE TO REMAIN CLOSED WHEN WORK'S DONE, JUST ITEMS LIKE THAT. SO THEY'RE THERE ARE OPTIONS THAT YOU COULD REQUEST SPECIAL CONDITIONS ONTO IT, OK? ALL RIGHT. CAN WE HAVE A ROLL CALL, PLEASE? I DON'T KNOW IF I.

WHO MADE THAT MOTION. NO ONE'S MADE A MOVIE. YEAH WE NEED SOMEONE WILL NEED TO MAKE A MOTION FOR WHO WOULD LIKE TO MAKE THAT MOTION. IT'S A MOTION AND THEN WE WILL GO THROUGH THE VOTES. IT CAN BE A MOTION TO APPROVE OR A MOTION TO DENY CORRECT. SO IF IT'S A MOTION TO APPROVE YOU WILL SAY IF YOU WANT TO DENY IT. YOU WOULD SAY NO. IF IT'S A MOTION TO DENY YOU WOULD SAY YES, IT CAN BE THE OPPOSITE. IS THAT RIGHT? A REASONING OR IS IT JUST? NO. YOU NEED A REASONING. JUST NO. YEAH. SO JUST THE NO VOTE. SO IF MOTION IS MADE FOR APPROVAL, AND IF YOU STATED NO, YOU NEED THAT REASON. OH, IF EVERYONE IS READY, WE CAN GO AHEAD FOR APPROVAL. OR C, PLEASE. MR WOLOWITZ. NO UM I FEEL THAT, UH, UNDER 1141.2 C, UH, THAT'S NOT REALLY FITTING IN WITH THE HARMONIOUS ATMOSPHERE OF THE EXISTING, UM INDUSTRY THAT'S THERE AND BUSINESSES. I MISS LAB. NO, UM THERE'S 4141.24 UNDER THE HARMONIOUS THAT IT DOES NOT. IT WITHIN. THE COMPS.

AND IDEA THAT. MR FISHER. UM NO, FOR THE SA ME REASONS AS, UH, MR S. ARE YOU? CAN YOU GIVE US A REFERENCE NUMBER FOR THAT? 11412? FOUR. ACRIMONIOUS TO SECTION NUMBER TWO. OK? RIGHT? DO YOU NEED? DO YOU NEED THE REST? YEAH CAUSE RIGHT NOW IT'S 33. YEAH. SO WE NEED THREE FIELDS REGARDLESS. YEAH YES, I THINK WE NEED TO JUST FINISH THOUGH. YEAH. MR STALLION, IT'LL

[01:10:07]

BE A NO 114124 C. OK? AND MISS URBIS. YES. RIGHT OK, UNFORTUNATELY, YOUR MO IT WAS DENIED. UM IT'S NOTHING AGAINST VALVOLINE OR THE DEVELOPMENT. I THINK IT'S JUST THE LOCATION. UM I THINK THE MAJORITY OF THE BOARD MEMBERS FEEL THAT THAT'S THE INCORRECT LOCATION FOR THE VALVE HERE IN MARYSVILLE. ONE SECOND ONE SECOND WAIT TILL THE END. UM. WITH THAT WE WILL GO TO

[DISCUSSION ITEMS]

DISCUSSION ITEMS. GET MR ENGEL BACK BECAUSE HE'S BEEN WAITING IN THE CONFERENCE ROOM. THANK YOU. WOULD YOU LIKE TO HEAR ANY OF OUR COMMENTS AT THE END? YEAH YOU YOU'RE WELCOME TO STAY FOR OUR COMMENTS AT THE END. WE'RE JUST GENERAL COMMENTS. SO IF YOU WANT TO, YOU CAN, IF NOT INTERESTING. UM DISCUSSION ITEMS FROM THE BOARD STANDPOINT OR SORRY, NOT THE BOARD FROM STAFF STANDPOINT, WE DON'T HAVE ANYTHING ADDITIONAL, UM AFTER OUR ADMINISTRATIVE REPORT, SO OK. WE APPRECIATE EVERYONE'S DISCUSSION WITH THE APPLICANT AND, UH THINGS FOR WEIGHING IN

[DESIGN REVIEW BOARD LIAISON REPORT]

ON THAT AND PROVIDING SOME GOOD CONVERSATIONS. AND THEN WE HAVE A DESIGN REVIEW BOARD LIAISON REPORT. YES SO LAST MONTH, THERE WAS A BUILDING ON EAST 5TH 109, EAST FIFTH. CHAPMAN OWNS THE BROUGHT A WHOLE BUNCH OF NONSENSE IN FRONT OF US AND I DIDN'T NOTHING HAPPENED. WAS TABLED FOR REDESIGN. I'M ALSO BIG B COFFEE CAME BACK AROUND WITH UPDATED BUILDING PLANS, OR, UH, EXTERIOR BUILDING PLANS TO AN ALREADY APPROVED STRUCTURE THAT'S SUPPOSED TO START AT ANY TIME. UH, WE APPROVED THE NEW EXTERIOR. DURING PLANS AND THAT WAS IT. YEAH YEAH, THAT, UM I THINK THAT WAS ALL AND THEN WE'LL HAVE A FACADE GRANT APPLICATIONS WERE SUBMITTED. UH, THE DEADLINE WAS YESTERDAY. I THINK WE'VE HAD SEVEN OR EIGHT APPLICATIONS. UM SO I ANTICIPATE ALL OF THAT FUNDING IS PROBABLY GONNA GET UTILIZED IN THAT FIRST ROUND THIS THIS YEAR, SO

[COMMENTS OF INDIVIDUAL BOARD MEMBERS]

EXCELLENT. OK WITH THAT WE'D OPEN UP TO INDIVIDUAL BOARD MEMBERS THIS VERBS. DO YOU HAVE ANY COMMENTS? SURE. LIKE I MENTIONED I WAS REALLY ON THE FENCE ABOUT THIS ONE COMING INTO IT. UM, I SEE ALL OF MY COMMISSIONERS VIEWPOINTS AS TO THE REASON THEY VOTED. THEY DID, UH, THE WAY THEY DID, UM, I, I WILL SAY YOU GUYS MADE SOME REALLY GREAT. POINTS AS TO HOW IT WAS. HARMONIOUS AND SIMILAR TO SOME OTHER, UM, BUSINESSES IN THE AREA, AND, UM I HOPE THIS ISN'T THE LAST TIME WE SEE YOU GUYS OUT. HOPE SOMETHING ELSE COMES UP. THANK YOU. MR CILLIAN? UH, NO. I'VE SAID EVERYTHING I NEED TO SAY THANK YOU. UM MR FISHER. SWANSEA THANK YOU FOR DOING THE THOROUGH RESEARCH, UH, THROUGH OUR OWN CODE, AND, UM, THANK YOU FOR MAKING SUCH A COMPELLING CASE FOR YOURSELVES. UM UH, LIKE, MF SAID, IS, UH, COME BACK HERE AND WANT TO DEVELOP AND MARRY AS WELL. THANK YOU. UM, MR EL I'VE GOT NOTHING. NO, I'M KIDDING. UM MISS, HOW DO YOU PRONOUNCE YOUR LAST NAME? L OK. YOU GUYS DID YOUR RESEARCH FOR SURE. AND I COMING FROM SOMEBODY WHO WORKS WITH SPECIFICATIONS ALL THE TIME. YOU DID IT AND THAT REALLY MEANS I MEAN, FOR ME. IT MEANS A LOT THAT YOU ACTUALLY LOOK AT THE CODE AND YOU WANNA FOLLOW? AND YOU, I MEAN CHALLENGE. SEE, SO WHAT THEY HAVE, UM SO I. I AGREE WITH EVERYBODY. WE HAVE GOOD TO SEE YOU BACK AND I MEAN, YOU ALSO REALLY DID EXTENSIVE RESEARCH THAT YOU DIDN'T HAVE TO DO. PRESENTED US WITH A REALLY GOOD INFORMATION, SO THANK YOU. OK AND I HAVE NO COMMENTS SO WE WILL WRAP IT UP AT 745 STANDING VOTE. THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.

Mar 05, 2024 Planning Commission

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