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Excerpts continued <br /> Page 2 <br /> d. Building permits will not be issued as proposed in the approved plan until the property is <br /> legally subdivided. <br /> Section XXII.A.2. requires the Plan Commission to hold a public hearing on a conditional use <br /> permit request, and then forward its report and recommendation to the City Council for final <br /> approval. A motion to forward Calendar Number 09-35 to the City Council with a <br /> recommendation for approval is suggested. <br /> Mr. Edwards asked what is considered necessary because there is a car wash nearby that does <br /> virtually the same thing. <br /> Ms. Ashe replied that the existing car wash does not perform the same functions as the proposed <br /> car wash. <br /> Mr. Edwards asked whether the proposed car wash will injure or damage similar businesses. <br /> Ms. Ashe replied that it potentially could. <br /> Mr. Mickler stated that there may be a public safety issue with the increased traffic congestion. <br /> Ms. Ashe stated that the Engineering Division studied the area and did not find an issue with <br /> increased traffic congestion. <br /> Mr. Curt Cassidy, Engineering Division, was sworn in by Mrs. Althoff. <br /> Mr. Cassidy stated that there is an additional stacking area for four to six cars in addition to city <br /> code requirements. Mr. Cassidy stated that depending on the location of the structure it could <br /> also provide for additional stacking. <br /> Mr. Phil Cochran, representative for petitioner, was sworn in by Mrs. Althoff. <br /> Mr. Cochran stated that he is not aware of any traffic congestion issues and the petition meets <br /> City's criteria for stacking and there are adequate utilities. The proposed car wash will capture <br /> existing traffic that is already there. Mr. Cochran stated that the petitioner has done marketing <br /> studies and there is an adequate demand for another car wash in the area. <br /> Mrs. Sadorus stated that she likes the layout of the site and it makes sense to have the building <br /> towards the back and landscaping on the front and sides. <br /> Mr. Tietz was sworn in by Mrs. Althoff. <br /> Mr. Tietz stated that he prepared a written objection from Dave Billingsley. Mr. Tietz stated that <br /> Mr. Billingsley objects because he feels none of the criteria of the ordinance is complied with in <br /> anyway and that his objection has nothing to do with competition. Mr. Billingsley owns the <br /> vacant land immediately west of his facility and his intentions is to expand. Mr. Tietz stated that <br /> Mr. Billingsley has invested nearly $70,000 to construct the car wash and there will be no new <br /> entrances; therefore there will be no traffic issues. Mr. Tietz stated that the Kmart sanitary sewer <br /> serves the area and 80% is utilized at this time. Mr. Tietz stated that he sees nothing in the <br /> Rainstorm plan concerning the extra run off. Mr. Tietz stated that Mr. Billingsley's proposed car <br />