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HomeMy WebLinkAboutPLANNING MINUTES 2015-07-14 MINUTES OF THE 1,073rd PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, July 14, 2015, the City Planning Commission of the City of Livonia held its 1,073rd Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan Mr Lee Morrow, Chairman, called the meeting to order at 7.00 p m Members present Kathleen McIntyre R Lee Morrow Carol A Smiley Gerald Taylor Ian Wilshaw Members absent Scott Bahr Mr Mark Taormina, Planning Director, and Ms Margie Watson, Program Supervisor, were also present Chairman Morrow informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption The Planning Commission and the professional staff have reviewed each of these petitions upon their filing The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight ITEM #1 PETITION 2015-06-01-05 SUNSET OFFICE BLDG. Ms Smiley, Secretary, announced the first item on the agenda, Petition 2015-06- • N 01-05 submitted by Grenn & Grenn, P C , on behalf of C&L Development Corporation, pursuant to Section 23 01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the property at 28911 - 29010 Seven Mile Road (Sunset _=- o Office Building), located on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue in the Er w -a Northwest 1/4 of Section 12, from OS (Office Services) to C-1, =' (Local Business) N Q July 14, 2015 26947 Mr Taormina This is a request to rezone property from OS, Office Services, to the C-1, Local Business category. This property is located on the south side of Seven Mile Road one block east of Middlebelt Road The property is roughly .84 acre in area with 273 feet of frontage along Seven Mile Road and 133 feet along the residential side street, Maplewood. The site presently contains a commercial building, one-story in height It includes a total of roughly 8,370 square feet of floor area and it's subdivided into roughly ten store front units Located immediately to the west of the subject property is the House of Leon family restaurant. The zoning of that property is C-2, General Business Looking east across Maplewood is the Sri Shirdi temple which is zoned RUF but it is an institutional use To the north across Seven Mile Road are a mix of commercial as well as residential uses, including another restaurant called Leon's Family Dining as well as the Shandong food market Immediately to the south of the property are residential lots zoned RUF The purpose of the rezoning is to enable the use of the building for either office or retail purposes The petitioner has no current plans to redevelop or modify the site The current mix of tenants within the building include cleaning services, a cemetery memorial business, a chiropractor, jewelry services, Phoenix Personnel, #1 Tax Solution, Farmers Insurance Agency and then three of the 10 units are currently vacate A little bit about the history of the site It was in 1981 that the site was originally rezoned from RUF, Rural Urban Farm, to PS, Professional Services Five years later in 1986, the site was approved for construction of an office This is the second request to rezone the property In 1991 the owners at that time requested that the site be rezoned to C-1, but the case was denied on the basis (1) That the proposed change of zoning was contrary to the Future Land Use Plan which designates the subject property as "Office", (2) That the proposed change of zoning would encourage commercial uses to locate in the existing building thereby causing a substantial deficiency in off-street parking, (3) That the proposed change of zoning would encourage further easterly expansion of commercial zoning along Seven Mile Road in the subject area, which expansion would be in conflict with the Future Land Use Plan and the Commission's policy of eliminating strip commercial zoning along the Mile Road corridors, and (4) That the proposed change of zoning is incompatible to the adjacent residential uses to the south In terms of parking, there are 33 parking spaces provided on the site This is the exact number of spaces needed to satisfy the parking requirements for the office use based on the application of one space for every 200 square July 14, 2015 26948 feet of useable floor area The introduction of retail uses would ultimately result in a parking deficiency Most general retail uses require parking at a ratio of one space for every 150 square feet of floor area Applying that ratio to this site would yield a parking requirement of 45 spaces and thus a deficiency ultimately of 12 spaces should the building convert to retail purposes. With that, Mr Chairman, I can read out the single item of correspondence that we have on this item Mr Morrow Yes, please Mr. Taormina There is one item of correspondence from the Engineering Division, dated June 23, 2015, which reads as follows "In In accordance with your request, the Engineenng Division has reviewed the above referenced rezoning petition We have no objections to the proposed rezoning at this time The existing parcel is assigned an address of#28911 Seven Mile Road, with a range of addresses from 28911 to 29010 for the individual units within the building The legal description shown on the plan submitted with the petition appears to be correct and should be used in conjunction with this petition The existing building is currently serviced by public utilities which are not indicated for alterations under the proposed rezoning Should the owner need to alter the existing service leads to the building, plans will need to be submitted to this department to determine if Engineering permits will be required " The letter is signed by David W Lear, P E , Assistant City Engineer That is the extent of the correspondence Mr Morrow. Are there any questions of the Planning Director? Mark, I have one I'm assuming that the uses within the office building all come within the Office Services zoning Mr Taormina To the best of my knowledge, there are valid Certificates of Occupancy and Zoning Compliance permits for each one of these uses Mr Morrow Thank you Is the petitioner here this evening? We will need your name and address for the record please You've heard the presentation You can add whatever you'd like Joseph Grenn, Grenn & Grenn, P C , 5736 Chase Road, Dearborn, Michigan 48126 Good afternoon, Mr President I'm here on behalf of C&L Construction I have the principle, Aldo Liberatore, and his partner with me today I've received no objections I've gone out and looked, and business has expanded down Seven Mile since July 14, 2015 26949 1991 It's in compliance I agree with Engineering to approve it because everything is in compliance The building right next door is C-2 Your map shows C-1 but really it's a C-2, which would be Leon's restaurant I believe your Engineer said it was C-2 but your picture showed C-1 There is some confusion there but it's a C-2 and we're asking to go to C-1 Mr Morrow Are you talking about Leon's restaurant or House of Leon? Mr Grenn. The one next door Mr. Morrow That's designated C-2 as near as I can tell. Mr. Grenn Yes, that's correct So we would be in compliance We would actually be up a step from Leon's, the neighbors So I would ask that you approve a C-1 variance. Mr Morrow. Are there any questions from the Commission? Ms Smiley You would be deficient in parking Right now, it's at 33 and you would be required to have 45 Is that correct, through the Chair to Mr Taormina? Mr Morrow. Forty five is correct Mr. Grenn You're correct That's what he said As for parking, all of them aren't business anyway Unless there would be a massive turnover of everything, you're not going to have a parking problem Ms Smiley You're saying it's not a parking problem but it's deficient. So, Mark, would he have to go to the Zoning Board of Appeals'? Mr Taormina Yes This would result in a parking deficiency and would necessitate Zoning Board of Appeals approval should the rezoning be approved. The problem with the parking is that while there may not be a deficiency currently, you have three vacant units, and like you said, with the changeover of the current tenants, if you start introducing uses such as dry cleaners or possibly hair salons, uses that do require additional parking, then that could result in a deficiency of parking That's the primary concern with having a shortage of parking on this site Depending on the mix of tenants that would be located in the building, you could find yourself with a parking problem July 14, 2015 26950 Mr Wilshaw Mr Grenn, you stated that this property is in compliance In what was are you saying it's in compliance? If the parking is not going to be in compliance if this is rezoned, then what compliance are you speaking about'? Mr Grenn I'm saying in general it wouldn't be out of compliance with the neighborhood, with the character of the neighborhood, because it's C-2 next door, and we're only asking to go to C-1. Mr Wilshaw Okay Mr Grenn So it's not as much of a use of the property Mr Wilshaw. What is the reason that you're seeking the rezoning? Mr Grenn Nobody is looking for office space There have been vacancies for years Mr Wilshaw So you have seven of the ten units currently occupied'? Mr Grenn I think Mr Liberatore can answer some of those questions better than I for occupancy rates Mr Wilshaw That's what I heard during the preamble and it sounds like you have seven units occupied So you essentially have somewhere in the order of a 70 percent occupancy rate right now It's one thing if you came to me and said you have a building that's empty and I can't get anybody to lease any space in it, but when you have a fairly occupied building and the hardship is that you can't find any occupants, it's harder for me to want to increase or encroach commercial zoning closer to residential areas than it currently is Office Services is generally considered a less intense zoning use when it comes to how we look at how it abuts residential areas or even the other uses in that area That's kind of where I'm at right now Thank you Mr Taylor Through the Chair to Mr Taormina Mark, do you know what the percentage of vacancy is in C-1 right now? Mr Taormina No I don't have the answer to that question Mr Taylor The last I heard it was about 25 percent throughout the City What the city planners planned on doing was have C-2, C-1, OS, residential That was a step down we wanted to do to make everything work with the city, and that's what we've done here. Because you have a couple vacancies doesn't mean that July 14, 2015 26951 we have to change the zoning because if everybody had that, why they would come back to us all the time and say, wait a minute We have three vacancies We have to change the zoning Mr Liberatore The problem is they never told me when I was building it Mr Morrow Excuse me sir, before you can address the Board, you have to be recognized and we'll need your name and address for the record Are you through, Mr Taylor'? Mr. Taylor. Yes Mr. Morrow. Yes, sir Aldo Liberatore, C&L Development Corp , 16052 Houghton Drive, Livonia, Michigan 48154 I'm part owner We had a driving school that used to take a lot of parking It used to take 20 parking spaces Nobody complained and after 20 years they moved out because they need more students I had a dog groomer, he wanted to move You can't do it I had a nail salon, can't do it Beauty shop And my taxes keep going up every year I pay for water that I don't use, $700 00 every two months My tax almost double what it used to be. The only reason why I only got three vacancies is because I'm giving them away just to rent them Just to get something out of it I don't have any complaints from anybody renting from me You know, a beauty shop, how many parking spaces are they going to take'? Two or three If they have two or three all the time, they're making money Mr Morrow Any questions of the petitioner'? Is there anybody in the audience that wishes to speak for or against the granting of this petition'? Seeing no one coming forward, I will close the public hearing and ask for a motion. On a motion by Wilshaw, seconded by Taylor, and unanimously adopted, it was #07-41-2015 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 14, 2015, on Petition 2015-06-01-05 submitted by Grenn & Grenn, P C , on behalf of C & L Development Corporation, pursuant to Section 23 01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the property at 28911 - 29010 Seven Mile Road (Sunset Office Building), located on the south side of Seven Mile Road between Middlebelt Road and Maplewood Avenue in the Northwest 1/4 of Section 12, from OS July 14, 2015 26952 (Office Services) to C-1, (Local Business), the Planning Commission does hereby recommend to the City Council that Petition 2015-06-01-05 be denied for the following. 1 That the proposed change of zoning is contrary to the Future Land Use Plan which designates the subject property as "Office", 2 That the proposed change of zoning will encourage commercial uses to locate in the existing building thereby causing a substantial deficiency in off-street parking, 3 That the proposed change of zoning will encourage further easterly expansion of commercial zoning along Seven Mile Road in the subject area, which expansion would be in conflict with the Future Land Use Plan and the Commission's policy of eliminating strip commercial zoning along the Mile Road corridors, and 4 That the proposed change of zoning is incompatible to the adjacent residential uses to the south FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23 05 of Zoning Ordinance #543, as amended Mr Morrow, Chairman, declared the motion is carried and the foregoing denying resolution adopted. As I said in my earlier remarks, this will be forwarded to the City Council who will ultimately make the final determination as to whether your request is approved for denied Thank you for coming ITEM #2 PETITION 2015-06-01-06 LIVONIA STORAGE UNITS Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2015- 06-01-06 submitted by Charter Real Estate, on behalf of Livonia Storage Units, pursuant to Section 23 01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone a portion of the property at 28153 Eight Mile Road, located on the south side of Eight Mile Road between Grand River Avenue and Angling Road in the Northeast 1/4 of Section 1, from C-2 (General Business) to M-L (Manufacturing Limited) July 14, 2015 26953 Mr Taormina. This is a request to rezone portions of properties from C-2, General Business, to ML, Manufacturing Limited. This property is near the southwest corner of Eight Mile and Grand River Avenue It's located just east of Angling Street The area to be rezoned measures roughly 3.23 acres It's identified on the aerial photograph as the area highlighted in yellow The southwest portion of the property was formerly the Weirton Plaza shopping center The east half of the former plaza was recently redeveloped as Grand River Academy, which is a public charter school Looking just east of the school property, there are a variety of retail and commercial uses To the west across Angling Road, there are a mix of offices as well as residential homes under the RUF zoning Immediately to the north, there is an O'Reilly's auto parts store, which is zoned C-2, General Business To the south of the subject area are residential homes under the R-1 zoning classification The purpose of the rezoning is to ultimately develop the site as a self-storage facility or mini-warehouse There is no provision under the current C-2 zoning that would authorize use of the development of the property for self-storage This type of use falls under the category of warehouse, which is treated as a permitted use under the ML zoning and is the reason the petitioner is seeking to rezone the property Because the ML and the residential zones could be viewed as incompatible, the petitioner will be voluntarily offering to limit the use of the property to self-storage and in accordance with the plan that would be found acceptable by the community This zoning technique is commonly referred to as Conditional Rezoning and it's authorized by a special provision in the Michigan Enabling Zoning Act. A conceptual plan was submitted with the filing of the rezoning application It shows multiple rows of buildings that would be separated by drive aisles that would provide access to the individual storage units So it's very typical of this type of land use. This diagram represents the overall site The area that we're considering this evening is actually shaded in gray on the bottom left hand portion of the drawing The next drawing will show that area zoomed in This is what I was referring to in terms of the parallel rows of buildings The plan also shows a larger two story building that would provide interior climate controlled storage space Customer access to the site would be controlled via a gated entrance. Of course, these are details that would have to come back to the Commission for formal site plan review and consideration should the zoning move forward The development concept includes creating a third parcel, which is identified on the plans as Parcel A, that would remain under the C-2 zoning It would be developed separately Parcel A is July 14, 2015 26954 located immediately north of the proposed storage facility and east of the existing auto parts store at the southeast corner of Eight Mile and Angling The future use for Parcel A has not yet been identified The Future Land Use Plan does show this site as general commercial I'll just show you some additional renderings This site plan identifies a little more clearly the outline of the buildings which are shaded in brown These are the storage units You can see the L-shaped storage unit which is on the westerly side of the property and also bordering a portion of the north These are aerial views/renderings of what the development might look like Looking more closely at the front of the buildings, one of the design features that would be included would be making the façade of the buildings that face outward toward Angling and towards the retail center more along the lines of a traditional store front appearance as opposed to just the mini-storage that you're typically used to seeing This gives you an idea from the rendering of the type of construction that would be proposed But with that, I'll read out the correspondence Mr Morrow Yes, please Mr Taormina There is one item of correspondence from the Engineering Division, dated June 25, 2015, which reads as follows. "In accordance with your request, the Engineenng Division has reviewed the above referenced planning petition We have no objections to the proposed rezoning at this time The address of #28153 Eight Mile Road is correct for the subject parcel and should be used for this petition The legal descnption for the proposed rezoning does close and is acceptable to this office, although it should be noted that the rezoning description does not match the property descnption and encroaches on the neighbonng school property The submitted plans indicate future property line adjustments, but a split and combination request has not been submitted as of yet This department has been in contact with the developer regarding the utilities for the site, and what they are showing on the submitted plans is acceptable to this department They have indicated in the submittal that they will be vacating the existing storm sewer easements and providing new easements which will be a requirement for the proposed development They will need to provide detailed plans to this office which include all necessary calculations pnor to permitting " The letter is signed by David W. Lear, P E , Assistant City Engineer Thank you Mr. Morrow Are there any questions of the Planning Director? Ms Smiley What you're saying from the Engineering Department is that the lines that we have for the rezoning are not accurate, that they July 14, 2015 26955 actually go into the school property? It encroaches on the neighboring school property Mr Taormina That is correct There was a previous split between the parcel identified here as 28153 Eight Mile, that's the area proposed to be rezoned But you can see in the northeast or the upper right hand side of that, it extends beyond the parcel line that was created between this site and Grand River Charter Academy The reason for that I really don't know. It's somewhat immaterial and probably captures a portion of the site that will be used for access and maybe a corner of the building So there might have to be a subsequent parcel division in order to account for that difference, but that's really just a technical matter Ms Smiley Okay Thank you Mr Morrow Anyone else'? Mr McCann, I know you're not used to these meeting so we'll do whatever we can to help you along. Mr McCann, 32437 Five Mile, Livonia, Michigan 48154 Actually, I'm a little nervous being on this side of the podium for once. Good evening, honorable members of the Livonia Planning Commission It's my honor to be here tonight on behalf of Charter Real Estate My client, Mr Bill Davis, is here with me this evening We know about this parcel up on Grand River near Eight Mile that has been an issue for the community for a long time Grand River Academy, a charter school, took one of the buildings and has made a very successful school out of that property It appears, because of enrollment, future plans for development, that they are going to be there for a long time This property has been looked at over the years for many different types of uses, but nobody's ever decided they wanted it Now with the Grand River Academy, a school being in the central location, it makes it more difficult to plan appropriate zoning and appropriate businesses around it As the Planning Commission is well aware, different people have looked at this over the years but it's determined not to be an appropriate use for Botsford Hospital and a number of other uses. My client is proposing a self-storage facility It will be a two-story interior facility with one entrance area where the cars will be able to go right up to their drive-up lockers as well The nice thing about doing a self-storage facility at this location is, it's a very low intensity of use I did provide to the Planning Commission a proposed traffic study with "Average Trips Per Day Forecast " The first number you see is 30 trips per day That's from the United States Self Storage Association That a national storage July 14, 2015 26956 association The 28 just below that is actually my client's other facility They did a test of how many vehicles come and go each day The bottom numbers are from the Traffic Engineers Study Now they show 133 uses for a mini-warehouse, general office is 584, medical office is 1,915, and a shopping center at 2,276. It's a very low intensive use with very few cars coming and going during the day This is very appealing to the Grand River Academy who actually owns the property They are in agreement with this proposal They've been involved in the design of the proposal, the traffic layout, and this particular use and are supportive of it because with having so many children around, they feel this would be the best use This project does provide for one out lot for commercial It's currently zoned C-2 That out lot next to the auto store would remain commercial and eventually be developed My client's theme in this was to try and put a nice exterior on it as the photograph showed From Eight Mile, you'll see more of an office effect look to the buildings It blocks it There's no garage doors showing There's only one entrance There will be landscaping to buffer it, and it will be an appealing use Without this type of using going in there, this property may stay vacant for quite a long time not producing any tax revenue This is something that is needed in the area There's been a study done to determine that this is appropriate for the area and will be filled and will be a valuable use to the community and surrounding neighbors My client, Mr Davis, did meet with the local neighbors to try and resolve any issues We know of no one at this point who is objecting to this type of use Mr Chairman, you stated that tonight this is just a rezoning request This isn't a site plan development, however, because it's going to be Conditional Zoning, we want to give a good indication of what we're trying to do The site plan is in the process of being of prepared and will be filed shortly to catch up with the zoning process I think it's a good use for the city There will be money there to help make that area of the city look better, to do some more landscaping around the area and to improve the site I'm certainly willing to take any questions that the Commission may have. Mr Morrow Does the Commission have any questions'? Mr Taylor You didn't give us the hours of operation I know it's a gated situation, but do they close at a certain time of night where you can't get into the facility? July 14, 2015 26957 Mr McCann I'm going to let Mr Davis answer that He actually owns another one of these facilities lt,s a family business and he can explain it Bill Davis, Charter Real Estate, Ltd , 417 North Maple Road, Ann Arbor, Michigan 48103 Good evening So the operation hours for only tenants that have a current account would be 7 00 a m to 10 00 p m , and there would be approximately 400 tenants when it's completely rented and built out So those people would have access during those hours, but as we say, our experience is that we get about 30 trips per day So of the 400 tenants, maybe 30 throughout the entire day are accessing the facility, so very few in those evening hours Mr Taylor As Mr McCann said, the property has been vacant for a good many years I think the key point here is the charter school thinks it is a good use for it with all the children that they have there So I see it as being a good use for the property and a good use for Livonia. Thank you Ms Smiley Can you talk about the security in that area? Mr Davis Sure The intention for the property itself is that it will have video cameras that are for monitoring activity There will probably be a dozen cameras throughout the site, and those will go to a recording device So if there are any problems, we can then go back and investigate who was there, what occurred It's a real useful tool Also, the entire facility will be enclosed with buildings on several sides and a protective wall to the south between the neighborhood that's already existing and then some addition of fencing along the fire lane to the south That will keep people out of the facility who don't otherwise have an account or are associated with the business Ms Smiley So they would have keypad access? Mr Davis Right Computer controlled keypad and only tenants whose accounts are current can access the property too It turns off 10 00 p m They are not able to access the property at all It's closed for the night Ms Smiley And what kind of personnel do you have on campus? Mr Davis. The office hours are not the same as the operating hours They tend to run from about 8.00 a m until 5 00 or 6 00 p m. during the week and the weekend hours are most of the day Saturday July 14, 2015 26958 and part of the day Sunday So there will be a manager on site every day of the week, but not for the entire operating hours All the tenants will have information about how to reach the manager by pager or by cell phone if they have a problem, and we'll certainly share that information with the neighbors so should there be an incident or some question after office hours, people will be able to reach an official from the company immediately to determine what's going on We also hope to have employees who are very local to the site so there would be a minimum amount of time for them to get to the property Some storage properties do have apartments involved on site, but in this case for C-2 zoning, you're not allowed to have residents associated with it, and that's a direction the industry is going away from. There aren't that many people who are interested in living in an apartment in a more retail site on a property like this Ms Smiley Okay Thank you Ms McIntyre I assume you'll have in place and I think this is quite common with storage places, a rental agreement that states very clearly what activities are not permitted there and what kinds of hazardous materials are not permitted to be stored here Mr Davis Absolutely That's an important part of our business We limit a lot of things they can bring in and certainly they have to take out everything they bring in The industry tried having dumpsters in the past and those tend to get overloaded So the new way to approach it is to have just curb carts for the office use and require the tenants to take everything out They'll either leave a deposit or agree to a fee if they haven't taken their things out, but the operating company has the ability to pick things up and take them to the dump or what have you should we have items that are left Ms McIntyre So no on-site dumpster? Mr Davis Right Ms McIntyre Okay Thank you Mr Wilshaw Mr Davis, I have some questions that are probably best suited for the site plan about lighting and so on that I'll ask when we get to that point, but since we're talking about zoning tonight, I wanted to ask a couple questions just about the site overall I wanted to understand your experience running these facilities It July 14, 2015 26959 sounds like you're very experienced but tell us a little bit about yourself and why you want this facility there Mr Davis I've owned a storage facility It's in its 13th year of operation. I developed it in the City of Ann Arbor It's actually in the backyard of a retail property. It's called Maple Village shopping center at Jackson Road and 1-94 on the northwest side of Ann Arbor For that facility, I've got between two and three employees over that span that operate the property, a general manager and then an assistant manager The property that we're proposing will probably have a full time manager and two assistant managers to fill out the scheduling for the week The industry is an interesting one to me. I think it's a valuable use for a community, particularly when homes may be smaller, maybe homes without a garage or a basement, or people that finish their basements, they do have need for additional storage So it is a valuable use for the community What we've determined is that people prefer drive-up units because they are so easy to access, but those are kind of hard to find and hard to get zoning for in a given area The industry has kind of turned to multi-story facilities, but those aren't as compatible with the customers' uses so we find that people aren't as interested in renting on the second floor or the third floor What we want to bring to the market and to this site is the drive-up units We think that will be innovation for the market where people will really be able to conveniently access their units Mr Wilshaw Based on your extensive experience with operating these types of facilities, you've studied the general area and decided that this is an area that's not oversaturated and would be appropriate for this type of business Correct? Mr Davis I have There's a methodology for it, studying the market area It's a three mile radius and there's a certain amount of square feet per person that's considered a saturated amount In this particular market area, there's about 25 percent less square footage than would be considered saturated. So that works out to over 120,000 square feet of available demand. So we're proposing between 50,000 and 65,000 square feet We're looking at that climate controlled building as either a one-story or two-story So we're asking in the rezoning that certainly would be allowed as a two-story By the time we bring the site plan petition we'll have determined what the right mix is for the market, but it may be a one-story building there that's most appropriate July 14, 2015 26960 Mr Wilshaw Okay It sounds like you understand the market need and are very prepared to explain that to Council if they wish to know that as well I appreciate that You do have a lot of hardscape on this site Obviously, it's going to be all paved and a lot of buildings and so on Have you prepared for the drainage that would be necessary to satisfy the county and the city'? Mr Davis We have We met with the City Engineering Department and our engineer is Wade Trim They studied the problem from a conceptual point of view for stormwater and they are able to retain all the required stormwater on the site in an underground structure that will be built as part of the development It will also retain the water for the parcel on Eight Mile Road so they don't need to have a pond They'll be able to utilize the entire area of the lot without reserving a space for a stormwater pond Mr. Wilshaw It sounds good I appreciate all your insight Thank you very much Ms Smiley This is probably for Mr McCann With the conditional contracting for this Mr McCann Conditioning Rezoning, yes Ms Smiley If they decide to leave, is it going to still have storage units'? Mr McCann The use could continue He could sell the property with that use, but they can't change the use without coming back to the City Council Nobody can use the property for any other use until they come back and redo the zoning Ms Smiley Thank you Ms McIntyre So you couldn't put a manufacturing facility in there'? Mr McCann Absolutely not Mr Morrow Are there any other remarks before I go to the audience'? Mr McCann No Thank you very much Mr Morrow Is there anybody in the audience that wishes to speak for or against the granting of this petition'? Seeing no one coming forward, I will close the public hearing and ask for a motion. On a motion by McIntyre, seconded by Taylor, and unanimously adopted, it was July 14, 2015 26961 #07-42-2015 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 14, 2015, on Petition 2015-06-01-06 submitted by Charter Real Estate, on behalf of Livonia Storage Units, pursuant to Section 23 01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone a portion of the property at 28153 Eight Mile Road, located on the south side of Eight Mile Road between Grand River Avenue and Angling Road in the Northeast 1/4 of Section 1, from C-2 (General Business) to M-L (Manufacturing Limited), the Planning Commission does hereby recommend to the City Council that Petition 2015-06-01-06 be approved for the following reasons. 1 That the petitioner has voluntarily offered to enter into a conditional rezoning agreement with the City, 2 That the proposed change of zoning is compatible to and in harmony with the surrounding zoning districts and land uses in the area, 3 That the proposed change of zoning would provide opportunities for a greater variety of uses to serve the area as well as the City as a whole, and 4 That the proposed change of zoning would provide for the development of the subject property in a manner that is consistent with its size and location FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23 05 of Zoning Ordinance #543, as amended Mr Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted It will go on to City Council with an approving resolution ITEM #3 PETITION 2015-06-02-11 UNITED LAWNSCAPE Ms Smiley, Secretary, announced the next item on the agenda, Petition 2015- 06-02-11 submitted by United Lawnscape, Inc requesting waiver use approval pursuant to Section 16 11(b) of the City of Livonia Zoning Ordinance #543, as amended, to operate a contractor's yard for the outdoor storage of landscaping July 14, 2015 26962 equipment and materials at 12240 Merriman Road, located on the east side of Merriman Road between Plymouth Road and the CSX Railroad right-of-way in the Southwest 1/4 of Section 26 Mr Taormina This is a request to operate a contractor's yard for outside storage and landscaping equipment and materials The site is located on the east side of Merriman Road, south of the CSX Railroad and north of Plymouth Road This property is roughly 1 2 acres in area Its dimensions are roughly 100 feet in width by 533 feet in depth The zoning of the property, as well as all the surrounding properties, is M-1, Light Manufacturing The site presently contains an 8,575 square foot industrial building The back portion of the property remains undeveloped and is covered mostly in gravel and enclosed by a chain link fence A landscape contractor is allowed only with waiver use approval under Section 16.11(b) of the Zoning Ordinance This provision actually applies to a number of special trade contractors that have to rely on outside storage of their vehicles, equipment and materials The outside storage part of the request would occupy the rear portion of the property which is about 32,300 square feet in total area It's the east half of the property Where needed, the existing fencing, that is already around the perimeter of this site, would be repaired and/or replaced with privacy slats installed throughout Access to the site would be provided by means of two gates, one which would be on the north side of the building where there is an existing 16 foot wide concrete drive that provides access to the rear portion of the site, and then a second access gate which is located on the south side of the building where there is a 26 foot wide concrete drive between the building and the south property line The outside storage area would be completely graded and paved A drainage plan was submitted with the application showing the collection of the stormwater in new catch basins that would be installed and an underground drainage system that would discharge ultimately into an existing storm system that is located on the property to the south This is going to require the petitioner to coordinate and maybe obtain the necessary easements from the adjoining property owners, but it is my understanding that they are currently working on that aspect of the development The materials that are commonly associated with a landscape contractor business would be stored in bins These bins would be created in the easterly part of the site along the fence line There is a large mulch bin identified on the plans as well as three other smaller bins that are facing south with access from the paved portion of the lot They are identified July 14, 2015 26963 with mulch and then a 30 yard dump bin All of that would be on a paved portion of the site An area in the back of the property is identified for the storage of 10 trailers In terms of employee parking, they have identified the need for 13 spaces Those are shown as spaces along the front of the building where they show five spaces and then eight parallel spaces along the south side of the building So parking should not be an issue especially in consideration of the size of available storage area in the rear portion of the building As far as landscaping, there is only one area on the site that's landscaped, that's the front portion of the site where there are some existing shrubs With that, Mr Chairman, I can read out the departmental correspondence Mr Morrow Please Mr. Taormina There are four items of correspondence The first item is from the Engineering Division, dated June 23, 2015, which reads as follows "In accordance with your request, the Engineenng Division has reviewed the above referenced waiver use petition We have no objections to the proposed waiver use at this time The existing parcel is assigned an address of#12240 Merriman Road The legal description provided with the petition appears to be correct and is acceptable to this office The existing building is currently serviced by public sanitary sewer and water main Since the City of Livonia does not have a container of public storm sewer available to the subject parcel, the owner will be required to show a suitable outflow for the storm drainage on the site On the submitted plans, the owner indicates they will connect to an existing storm sewer on the abutting property to the south The owner will need to show proof of easements between the two parcels for the proposed storm sewer prior to any construction or storage of equipment on the site " The letter is signed by David W Lear, P E , Assistant City Engineer The second letter is from the Livonia Fire & Rescue Division, dated July 7, 2015, which reads as follows "This office has reviewed the site plan submitted in connection with a request to operate a contractor's yard for the outdoor storage of landscaping equipment and matenals at the above-referenced addressed. We have no objections to this proposal " The letter is signed by Daniel Lee, Fire Marshal The third letter is from the Division of Police, dated June 16, 2015, which reads as follows "I have reviewed the plans in connection with the petition I have no objections to the proposal " The letter is signed by Joseph Boitos, Sergeant, Traffic Bureau The fourth letter is from the Inspection Department, dated July 13, 2015, which reads as follows "Pursuant to your request, the above-referenced July 14, 2015 26964 petition has been reviewed. This Department has no further objections to this petition " The letter is signed by Jerome Hanna, Assistant Director of Inspection That is the extent of the correspondence. Mr Morrow Are there any questions of the Planning Director'? Seeing none, would the petitioner come forward'? We will need your name and address for the record please Alan Cruz, Project Manager, Hennessey Engineers, Inc , 13500 Reeck Road, Southgate, Michigan 48195 I'm here on behalf of John Wernis for United Landscape I'm the design engineer that prepared the plans The current property is M-1, Light Manufacturing, and it's a permitted use We went through the right steps We met with the City Engineer to make sure all the engineering aspects were taken care of The one item that the Engineering Department requested is that we pave the lot and provide a storm drainage system so it will basically clean up that whole back portion. So it's a significant improvement to the property I provided the storm design and we've already talked to Ron Guthrie and we have a formal agreement in place Our surveyors are drafting up the easement agreement which will be turned into the Engineering Department for final approval Mr Morrow Thank you very much Does the Commission have any questions of the engineer? It looks like no questions, but you did present a very informative plan, which I think saved a few questions. So if you have no questions, I'm going to the audience Is there anybody in the audience that wishes to speak for or against the granting of this petition'? Mr Wilshaw I do have one question, Mr Chair Mr Morrow Yes. Mr Wilshaw Is your client currently using the building'? Mr Cruz No It's vacant right now We're going to occupy the building, but there's going to be no major work inside the building The offices are set up and they are ready to go basically as they are Mr Wilshaw Is it going to be used mostly for storage of equipment? Mr Cruz The inside'? Mr Wilshaw Yes July 14, 2015 26965 Mr Cruz. No There's an office space that we designated and then the back portion is kind of like a large garage storage space Mr Wilshaw So are you going to store equipment in that large storage area? Mr Cruz There may be some equipment that's stored in there It's a very large industrial type building and has many uses inside Mr Wilshaw Okay The building isn't in the best of condition as far as appearance goes Is there any intention on your client's behalf to maybe someone wants to come up here and answer that as far as painting the building or altering the appearance'? John Wernis, United Landscape, 62170 Van Dyke, Washington Twp , Michigan 48094 In regards to your question as far as improvements to the building, I think over time we'll end up painting the building and doing different things so that the building is aesthetically pleasing Something that we have going for us now is we have multiple locations This would be more of like a second headquarters building for us where we're going to take great pride in, and definitely we're going to keep the property up and keep it looking good Mr Wilshaw Okay If you're not really using this building initially, the reason why you want this space and the storage yard is so that you have some of your material in this area of town Is that what your intention is? Mr Wernis Correct We currently operate nearby in Westland in a facility that we're going to move to this location, which we're in due diligence now We don't actually own or occupy the building as of right now Mr Wilshaw Okay That makes a lot more sense Thank you Mr Taormina Mr Chairman, if I may ask a question of Mr Wernis? Do you have any plans for a salt dome'? Mr Wernis As of right now, there is no plan for a salt dome If we have salt on site, we would tarp it, tarp the salt in the bins Mr Taormina Is that how you do it currently'? Mr Wernis Currently, yes July 14, 2015 26966 Mr Taormina Is that in full compliance with the DEQ or DNR regulations as far as tarping7 Mr Wernis. Yes But in general, to put a structure above like a raised canopy-type structure, that would not be an issue to provide that Mr Morrow Thank you Mr Wilshaw Just a question to Mr Taormina based on his discussion Do we know if they put salt on site or any other chemical materials in bulk form, are there any issues when it comes to drainage of those materials? Mr Taormina They have to be covered to prevent just that They have to be properly contained and covered We run into that issue with some of the other contractor yards where the Inspection Department has to review and inspect those domes to make sure that they are done in accordance with all the codes and regulations Mr Wilshaw That make sense because obviously there's more concern about phosphates and other materials getting to the water system and causing algae and whatever Thank you Mr. Cruz If I could add to that just a quick comment We won't be holding bulk salt through what we consider the growing season Outside the winter season, there won't be any salt stored on site Through the growing season, through the summer months with rain and stuff like that, that's where you run into more of an issue with leaching and stuff like that If there were to ever be any salt left over, it would be removed from the property between the months of like April and October Ms McIntyre Just a point of information Mark, does Livonia have requirements that exceed . . . I assume it's the State, DEQ, who has Mr Taormina I can't answer that question Ms McIntyre I was just curious Mr Taormina I do know at a minimum in terms of the stormwater management that there will be a requirement for some degree of water treatment, probably a structural treatment system on this site in the form of a stormceptor I think the engineer has July 14, 2015 26967 already been in discussion with our Engineering Division that provides some measure of protection for certain solid materials The problem is when it becomes soluble. Those treatment structures really don't do anything to prevent the outflow into the storm system and to the river So that's why I know it's tightly regulated by the DEQ and I know our Inspection Department does a very good job trying to manage those things in accordance with those laws Ms McIntyre Okay Thank you Mr Morrow So if they decide to bring salt on site, it will trigger Mr Taormina Absolutely Yes Any kind of structure would have to be reviewed If it's just being tarped, I don't know I'd have to check with what our Inspection Department does to make sure that it's being done appropriately Mr Morrow We'll cross that bridge if and when you bring salt on site Mr Wernis We do provide, like Mark said, a treatment structure that conforms to Wayne County regulations There's actually a safety factor built into that I think we have a 3CFS peak flow exiting the site through drainage It's actually designed for a 5CFS So that's in place and on our plans That was requested by the Engineering Department Mr Morrow Okay Mr Taormina This site has a history of poor drainage problems Its previous use was Advanced Recycling and they used the area in back for outside storage of materials and they graded the lot with asphalt road millings that created quite a drainage problem Actually, if you go back there and look today, you'll see where some of the ponding has been done What they're proposing here with the additional drainage structures and the proper grading of the lot and making sure that the drainage works, that's going to be a vast improvement over what currently exists in terms of drainage in this area I know the neighbors are going to be happy too because some of the neighbors have experienced problems as a result of the poor grading on this property and the poor management of this property Mr Wernis And that's why Ron Guthrie was eager to work with us on that joint easement. July 14, 2015 26968 Mr Morrow That explains it then Okay Anything else'? Is there anyone in the audience wishing to speak for or against the granting of this petition'? Seeing no one coming forward, I'm going to close the public hearing and ask for a motion On a motion by McIntyre, seconded by Wilshaw, and unanimously adopted, it was #07-43-2015 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 14, 2015, on Petition 2015-06-02-11 submitted by United Lawnscape, Inc requesting waiver use approval pursuant to Section 16 11(b) of the City of Livonia Zoning Ordinance #543, as amended, to operate a contractor's yard for the outdoor storage of landscaping equipment and materials at 12240 Merriman Road, located on the east side of Merriman Road between Plymouth Road and the CSX Railroad right-of-way in the Southwest 1/4 of Section 26, which property is zoned M-1, the Planning Commission does hereby recommend to the City Council that Petition 2015-06-02-11 be approved subject to the following conditions 1 That the Site Plan marked Sheet CE2 dated June 1, 2015, prepared by Hennessey Engineers, Inc , is hereby approved and shall be adhered to, 2 That the outdoor storage of materials and equipment shall be limited to the fenced-in hard surface area behind the building, and said storage area shall be properly graded and drained to dispose of all surface water in a manner as approved by the Engineering Division as designated on the above referenced Site Plan and shall be maintained in an orderly manner, 3 That there shall be no outdoor storage of disabled or inoperative equipment and vehicles, scrap material, debris or other similar items, 4 That there shall be no outdoor storage on the side of the building; 5 That the outdoor stacking or stockpiling of materials shall not exceed eight feet (8') in height above ground level, July 14, 2015 26969 6 That any facilities for the outdoor storage of refuse shall be screened by means of an enclosure constructed of masonry walls which shall be properly maintained, 7 That all landscaped and sodded areas shall be permanently maintained in a healthy condition, and, 8 That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the Certificate of Occupancy Subject to the preceding conditions, this petition is approved for the following reasons 1 That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in sections 16 11 and 19 06 of the Zoning Ordinance #543, 2 That the subject property has the capacity to accommodate the proposed use, and, 3 That the proposed use is compatible to and in harmony with the surrounding uses in the area FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19 05 of Zoning Ordinance #543, as amended Mr Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted It will go on to City Council with an approving resolution ITEM #4 PETITION 2015-06-02-12 ARBOR TRAIL ESTATES Ms Smiley, Secretary, announced the next item on the agenda, Petition 2015- 06-02-12 submitted by Crosswinds Court Sub Inc requesting special waiver use approval pursuant to Sections 20 01 and 20 02A of the City of Livonia Zoning Ordinance #543, as amended, to develop a Planned Residential Development under the Single Family Clustering option (Arbor Trail Estates) on properties at 35652, 35700, 35800 and 35850 Ann Arbor Trail, located on the north side of Ann Arbor Trail between Wayne Road and Newburgh Road in the Southeast 1/4 of Section 32 July 14, 2015 26970 Mr. Taormina This is a request to develop a Planned Residential Development and Single Family Cluster called "Arbor Trail Estates " The site of the proposed development is on the north side of Ann Arbor Trail It's approximately a third of a mile west of Wayne Road The current zoning is R-U-F and C-1, but the site is in the process of being rezoned to the R-1 Single Family Residential category First Reading was given by the City Council on June 15 The site consists of four parcels with a combined land area of 5.03 acres and includes 716 feet of frontage on Ann Arbor Trail Looking to the west is the site of the Parkway Condominiums which is zoned R-7, Multiple Family Residential Immediately to the east of the subject property are the Arbor Woods Condominiums zoned R-C, Residential Condominiums To the south across Ann Arbor Trail are residential lots zoned R-1 and R-U-F Looking to the north is the Middle Rouge Parkway or Edward Hines Park which is zoned PL, Public Lands Single Family Clustering is a development alternative available in any R-1 thru R-5 district, subject to special waiver use approval Single Family Clustering provides flexible design standards as a way of encouraging more efficient use of land as a means of preserving open space, providing single family development on difficult sites, and offering reasonable alternatives to multiple family residential development This option permits either attached or detached single family dwellings In order to qualify, the applicant must demonstrate that the land area proposed to be developed contains one or more unique characteristics The list includes natural assets worth preserving, floodplains, poor soils, being located adjacent to either non-residential or high-density residential land uses, or is a parcel that is small, unusually shaped or contains narrow dimensions that makes conventional land development difficult or impractical This site qualifies on the basis that the land area proposed to be developed is relatively small, does have frontage on a major thoroughfare, is also adjacent to higher density developments, and is of shallow depth that makes conventional subdivision development impractical Greater design efficiency is achieved by allowing the lot sizes and yard setbacks to be reduced, provided that the overall density does not exceed that which would normally be allowed for the applicable zoning district, which in this case - the R-1 district - is set at 4 0 units per acre For the subject site, which is 5 03 acres in overall area, the maximum number of homes that could be achieved is 20 units The site plan shows a total of 19 single family detached homes in the form of a site condominium. The lots range in size from the lowest at 4,918 square feet, which is Lot 11, to 5,855 square feet which is Lot 17 A majority of the July 14, 2015 26971 lots are around 5,000 square feet and measure 50 feet in width by 100 feet in depth There would be a single "L" shaped road called Rouge Bluff Court that would provide access to all 19 lots. The road enters from Ann Arbor Trail at the east end of the property, continues north for a distance of about 140 feet before making a 90 degree turn in a westerly direction It then runs parallel to Ann Arbor Trail for a distance of approximately 600 feet terminating at the west end of the property in the form of a "T" turn-around The Engineering Division has reviewed the revised "T" turn-around indicating that it fully complies with their design parameters The minimum spacing between dwellings in an R-1 cluster is 10 feet and the minimum front yard setback is 25 feet, 40 feet abutting a major thoroughfare All 19 lots would conform to these minimum yard requirements In terms of storm water detention, that is shown in the northwest corner of the property in the form of a combined forebay and storage basin with an outlet to an existing storm pipe that drains to the Middle Branch of the Rouge River Again, it's in the northwest corner of the property adjacent to the road just west of proposed Lot 12 A couple of basins would be created on the surface of the land providing some shallow depressions that would hold the storm water It would first enter the forebay which is on the right hand side which is separate from the larger detention pond which is on the left hand side From there, the water would discharge out to an existing pipe that then releases to the Middle Branch of the Rouge River They would be tying into an existing storm system The plan shows a 20 foot wide landscape berm along Ann Arbor Trail that would be planted with a variety of both deciduous and coniferous full size trees These would all be full size trees, including white spruce, white pine, red maple and fir Along the east side of the property, adjacent to Arbor Woods, the plan shows a landscape greenbelt no less than 40 feet in width between the road and the property line The greenbelt would be bermed and landscaped, and planted with mostly evergreens intended to shield the new development from the existing homes Adjacent to the Parkway Condominiums, the greenbelt is approximately 15 feet in width. We do not currently have information pertaining to the homes that would be constructed here, but Mr Soave, the developer, is present and would be able to respond relative to the types of homes that would be constructed With that, Mr Chairman, I can read out the departmental correspondence Mr Morrow Sure July 14, 2015 26972 Mr Taormina There are four items of correspondence The first item is from the Engineering Division, dated June 24, 2015, which reads as follows "In accordance with your request, the Engineenng Division has reviewed the above referenced planning use petition We have no objections to the proposed waiver use at this time, although we do have the following comments which should be addressed prior to approval It appears that the petitioner may be using outdated parcel and legal description information for the proposed rezoning In 2012, parcel 128-99- 0012-002 (35700 Ann Arbor Trail) was split into two separate parcels, 128-99-0012-003 and 128-99-0012-004 (35700 Ann Arbor Trail and 35652 Ann Arbor Trail, respectively) The submitted plan and legal descriptions included with the petition should be corrected to reflect the current parcel configuration This department has been in contact with the developer regarding the utilities for the site, and what they are showing on the submitted plans is acceptable to this department They will need to provide details plans to this office which include all necessary calculations prior to permitting " The letter is signed by David W Lear, P E , Assistant City Engineer The second letter is from the Livonia Fire & Rescue Division, dated July 7, 2015, which reads as follows "This office has reviewed the site plan submitted in connection with a request for special waiver use approval pursuant to Sections 20 01 and 20 02A of the City of Livonia Zoning Ordinance #543, as amended, to develop a Planned Residential Development under the Single Family Clustering option on property located at the above referenced address Due to the following, we have objections to this request (1) Access to this development is via the entrance being proposed on the east side of the subdivision Our vehicles will have to backup to get out (2) Prior history has shown that subdivisions built with 'T' turnarounds do not function as planned Homeowners will park vehicles, place sporting equipment and plow snow into this space. Our recommendation for this petition would be to deny the roadway request as laid out and arrange for the road to continue out to Ann Arbor Trail via lot number 11 " The letter is signed by Daniel Lee, Fire Marshal The third letter is from the Division of Police, dated June 30, 2015, which reads as follows "I have reviewed the plans in connection with the petition I have no objections to the proposal " The letter is signed by Joseph Boitos, Sergeant, Traffic Bureau The fourth letter is from the Inspection Department, dated July 13, 2015, which reads as follows "Pursuant to your request, the above-referenced petition has been reviewed This Department has no further objections to July 14, 2015 26973 this petition " The letter is signed by Jerome Hanna, Assistant Director of Inspection That is the extent of the correspondence Mr Morrow Are there any questions of the Planning Director? Seeing none, we have the petitioner coming forward We will need your name and address for the record please Leo Soave, 37771 Seven Mile, Livonia, Michigan 48152 As Mr Taormina said, we propose 19 single family home sites The homes would be one-story, two-story and one and half story homes, which will sell for about $250,000 or so, and I'll answer your questions Mr Morrow Any questions? Ms Smiley Is there some kind of a sign that identifies this subdivision or do you have a monument sign? Mr Soave Yes, ma'am We will put an entrance marker on Ann Arbor Trail that would say "Arbor Trail Subdivision " Ms Smiley Would that go in the landscaping? Mr Soave That would be in the landscaping buffer Yes, ma'am Ms Smiley Okay Thank you There's quite a bit of landscaping I noticed It looks nice Mr Soave Yes, there is Mr Morrow Along that line, Mr Soave, we brought up at the study session that there might be an opportunity to kind of blend in some kind of lighting with the monument sign that highlights the entrance there Was that discussed with your representative that attended? Mr Soave Yes That's feasible We could do that if you want a lit sign Mr Morrow Well, I think it came out that they wanted to some way highlight the entranceway not only with a sign, but in the evening, it would be easier to see the driveway with lighting Mr Soave We could put a couple coach lights on both sides of the entrance Mr Morrow I just wanted to know if that was addressed July 14, 2015 26974 Mr Soave This is the first I've heard of it, but it's not impossible We could do that Mr Morrow Does the Commission have any thoughts on that? Ms McIntyre Not on the lighting. I appreciate the line of questions on the lighting I have another question Mr Morrow Are there any other comments relative to the lighting? Mr Taylor The only comment I might add, Mr. Chairman, is Mr Soave has been building in Livonia for quite a few years It's probably one of the subdivisions that came in one time and there were about 25 people saying they want him to build their house So it's a good indication that he does build a nice home, and I'm sure that this going to be more or less for retired people Mr Soave Yes, sir Mr Taylor There will probably be a lot of one-stories, I'm sure Mr Soave Correct Mr Taylor I see that he's meeting all the requirements of the brick, and so I think it's probably going to be a nice little subdivision between a condominium outfit and apartments I'm going to say good luck to you Are you a grandfather yet? Mr Soave Yes, sir As of a couple days ago Thank you. Thanks for asking Ms McIntyre I understand I think from when Mr Soave, the younger, was here last week, that you removed one of the planned sites in order to add more extensive landscaping and provide more of a buffer between the developments? Mr Soave Correct The original plan was for 20 home sites My son met with the neighbors and we agreed on a bigger berm on the east side and eliminating Lot 20 So now we have 19 home sites Ms. McIntyre We really appreciate the willingness to give up a site in order to come to a very, very nice agreement, I think, with the neighbors which resulted from taking the time to meet with them So thank you and congratulations on the baby Does the baby have a name? July 14, 2015 26975 Mr Soave Yes It's Milana Ms McIntyre Very nice Congratulations to everyone Mr Soave Thank you Mr Wilshaw Mr. Soave, the Fire Department had an interesting letter in the sense that they were very adamant and concerned about their ability to get in and out of this development with their trucks in the event of a fire because of the lack of through access so to speak and recommended that we remove another lot to allow Lot 11 to allow their trucks to have access to Ann Arbor Trail without having to back up, which is a pretty major item in the sense that what does removing an additional lot, like Lot 11, do to your development in terms of its viability, profitability, even your ability to even develop this whole parcel'? Mr Soave Well, if you take out Lot 11, you probably have to take out Lot 10 because you need a radius to do that We have condos on the east side and we have condos on the west side I see them on the market for like $47,000, $50,000, which we're going to keep our product at $250,000 maybe We're kind of pushing the envelope on that one It would make the project not bankrupt but it would be on the edge of bankruptcy Mr Wilshaw It would make it a lot more difficult for you Mr Soave Yes, sir Mr Taormina Mr Chairman, may I add to that'? Mr Morrow Yes Mr Taormina One of the complications with that, Mr Wilshaw, is the fact that if the road were to loop back out to Ann Arbor Trail, it's located right at a curve in the road As you recall, the initial concept plan that was submitted with the rezoning petition had the entrance drive shifted mostly to that side of the property In sitting down with our Police and Fire Divisions relative to the location of that driveway, it was felt that it was in too dangerous a location next to the curve, and is the reason why we moved it further east The reason why the road approach is positioned as far east as it is, is to maintain as much separation as possible for left hand turn movements between this road and the street directly across Ann Arbor Trail The other option was to line those two streets up, but the problem with that is there is some major utility July 14, 2015 26976 conflicts So that really gives rise to the street pattern that you're looking at today You'll recall with the 20 lot design, we actually had a little different configuration It was a "Y" shaped turn around That was the plan that was reviewed by the Fire Department Even though they referred to it as a "T" design, it was more in the form of a "Y" turnaround. I think that was a little more constrained than this is. I have not had a chance to have the Fire Department re-review this design, but I did have our Engineering Division go back and take a look at the geometries of this particular "T" design This is in line with what we've done at several other locations throughout the city, and they feel it is appropriate. There's actually some degree of flexibility in this design So they can make some slight adjustments that would make the "T" turnaround a little bit more convenient for the larger vehicles So Engineering was very comfortable with this design Mr Wilshaw I appreciate that because anytime a public safety body like the Police or Fire have concerns, it certainly is something that we need to consider I think this is an improved design over the initial "Y" turnaround I'm appreciative of both the background of Mr. Soave and of Mr Taormina about the engineering design of the road You are correct that Ann Arbor Trail near that curve has a history of accidents and other issues, so any sight lines that would exist at a driveway near that curb would definitely be reduced and not ideal I appreciate that Mr Soave, we talked a little bit about the houses Obviously, you don't have pictures We know what your houses look like, but your houses are going to be obviously brick on all four sides and up to the same standard of quality that we're used to seeing of the Soave homes, right'? Mr Soave Yes, sir Thank you very much Even in a lot split where you could go with all siding, I put brick on all four sides Even the gables are going to be brick That's brick on all four sides Mr Wilshaw Great Then the road itself, is this going to be a private road or a public road'? Mr Soave It's going to have a 50 foot right-of-way, it's going to be a public road Mr Wilshaw Okay Very good That's all my questions for now Thank you Mr Morrow If there are no other questions, I'm going to go to the audience Is there anybody in the audience that wishes to speak for or July 14, 2015 26977 against the granting of this petition? We will need your name and address for the record Larry Massa, 35558 Ann Arbor Trail, Livonia, Michigan 48150 Representing the Arbor Woods Condos again We had a very good joint meeting with Rico a week ago Answered almost all of our questions and clarifications As you know, the original concern was centered on the road We understand why it had to go the other way so that's no issue. There have really been three plans Number one had the retention pond up in this corner of the drawing It then moved to the left, and the third one just finesses that and to our surprise removed a unit The revised plan reflects good improvements both in the landscaping and returns the berms to kind of their original plan The greenery is substantial and that basically reduces the majority of our concerns about privacy, noise, lights, all that kind of stuff There are a couple of clarifications that are needed Obviously, we're looking down the road a little bit and are concerned about who maintains the common grounds and wanted to reconfirm that these are condos, that there will be a master deed, and that master deed will specify some sort of a management group, either internal or external or both so that we have someone to talk to and we would want to avoid owner-to-owner problems by having an association So we need that clarification There will be a master deed, that these are condos and that the master deed will specify the management of these areas Mr Morrow Who would like to respond? Can you do that, Mr Taormina? Mr Taormina I was just motioning to Commissioner Smiley that I think Condition #1 more or less addresses that issue, which requires the return of the actual document, the master deed and bylaws, for review by this body and the City Council There's a stipulation in the prepared resolution that would bring that document back for review within 60 days of the approval by the Council Mr Massa That's fine Mr Taormina And to answer your question, yes, there is a requirement for a master deed It will address all the building and use restrictions that we normally look at, as well as other items such as management, maintenance, etc There's language contained in the document that addresses that Maybe Mr Soave can elaborate a little bit more on what you can expect to see July 14, 2015 26978 Mr Soave. As far as the maintenance, before the sub is 65 percent completed, we maintain it After that, then we form a homeowners association and they maintain it That's how it's always been done Mr Morrow Thank you Mr Massa So the individual owner's lots are self-maintained by the owner The common grounds will be maintained by an association and hopefully that association membership is not voluntary Sometimes homeowner associations create problems when there's only 50 percent of the people contributing and there's financial troubles and all that So anyway, I will defer to receiving that thing One last one, I didn't even have on the list with Rico whether there will be a sprinkler system for the common grounds We understand that the sprinkling, the watering, is the owner's responsibility on the lots, but what is the plan for the common area? I do not need that answer right now Mr Morrow If it's available, we'll get it for you Mr Soave Typically, we put like a drip system on the berm so it keeps the property where it doesn't dry up and it keeps it healthy We have a couple subdivisions in Livonia One is Livonia Manor We have a drip system over there and it's been like that for 15 years And a couple other sites in Livonia we've done the same thing, so we're going to do the same thing over here Ms McIntyre Were you asking about the sprinkler system for all of the lawns'? Mr Massa. Not the individual lots I'm speaking of the greenery on both sides of the property and the 20 foot greenery on Ann Arbor Trail Ms McIntyre So I think the answer was yes Mr Morrow That's your intent, Mr Soave, on the common grounds? Mr Soave Yes All the common areas will have an irrigation system Mr Massa I do want to add one thing First of all, we support this plan, no ifs, ands or buts about it We support that I do want to mention that there was mention to the fact that you lost Lot 20 The reference was to the greenery on the right hand side That's not totally accurate. The greenery on plan two, which was the predecessor to this one had reduced that berm to 15 feet This July 14, 2015 26979 plan returns it to 25 feet I believe the majority of the reason for having to lose that lot was the increased size of the retention pond So I just wanted to make that observation When I spoke to Mark before, when I spoke to Rico, one of our questions was, it seemed to me that they could increase our greenery on that side by the 10 feet just by simply condensing the retention pond Why it was increased from the initial plans, the size, go and look at the size of it, I don't know why Mr Morrow You're happy with the plan? Mr Massa Yes We support that plan and the greenery I think will be very, very attractive Any other comments, guys, you want me to raise? Mr Morrow Thank you for coming Barb Retz, 35962 Ann Arbor Trail, Livonia, Michigan 48150 I live in the condo association that's on the west side They've cut back a lot on what they told us they would be doing with the berm to buffer our side from their side I live in the building that is right at the top left of the screen, and it appears that they're going to put in a couple of trees That's not really adequate They've increased on the east side and reduced on the west side from the other plans Also, the area of their pond, and I know it's not a real pond, but that's already a very marshy area for us, and that's just going to create more water in that area, which is going to breed more mosquitos and give us some more problems with our catch basins Our buildings and storm sewers and that are 40 years old I can't say it's because of them, but we've already started having some sink holes in our complex because of the dirt being shaken and moved when they've pulled up trees and stuff Let me check my notes We do have an issue with the lighting. It's a very dark corner You're going to be increasing the volume of cars turning in there on basically a blind curve You still are coming up over a hill and a blind curve The sewers The streets we were told at the meeting were not going to be wide enough for on-street parking in the complex, and we just wonder what that's going to do with parking in the area and in our complex We already have people from other areas parking in our complex, which is a security issue Well, the wild life has already been disturbed Rico had said that maybe there could be a turn lane put in to help buffer some of the turning traffic and that I wondered if that had ever been proposed or talked about Who's going to cover the cost for that? Again, for July 14, 2015 26980 the additional sewers that are going to be put in there, we're just wondering who pays for that Mr Morrow That sums it up'? Ms Retz Yes, my issues I'm just real leery about this retention pond being so close to our property when we already have issues of that land being very mossy and very soft, and you're going to put in more catch basins with more people using it I'm just afraid of what it's going to do to that portion of our complex Mr Morrow Mr Taormina, the engineering would be such that it would not impact other sites, would it not? Ms Retz Well, he's extending it into our property Mr Taormina The comment that he's extending onto your property, I'm not exactly sure what you mean by that All the work that I see on this plan will be conducted on the petitioner's property The storm water management basins are located in an area of the site that makes the most sense It's the lowest area on the property, and I think that was noted by the resident, that that's naturally the low area, so it makes sense that that would be the location for the storm water control basins The actual contouring of those basins isn't right on the property line It's set back about 20 or 30 feet from the property line What happens to the grades right at the property line, I'm not sure The plan shows some ample room between the top of the slope and the property line for plantings, and he is showing some trees in that area The comment relative to on-street parking, this is a 31 foot cross section, curb-to-curb, which is more than enough room for parking along the side of the street So extra parking can, in fact, be provided on-street The lighting I think was addressed a little earlier It would be the intention to install some type of lighting at the entryway to help guide vehicles to the subdivision The issue of a turn lane or passing lane, that's something that would have to be addressed by our Engineering Division, but all the development costs and all of the utility construction are going to be borne by the developer and not by the city or not by the adjoining developments I hope that helps answer the questions from the city's point of view Maybe Mr. Soave has additional things he can add relative to that Mr Wilshaw Just a comment to Mr Taormina's response is that right now this site does not have any storm water management on it Correct'? July 14, 2015 26981 Mr Taormina. Not that I'm aware of. Mr Wilshaw So basically, water could be shedding off this site into the condominium development or ultimately to Hines Park Mr Taormina Actually, there are structures that are on the condominium development that cross onto this property The condos rely, to some extent, on this property for its storm water drainage, probably more so than the other way around Mr Wilshaw Exactly That's really where I was headed is that the improvements of this property by putting in a storm water management system retention pond and then eventual catch basin and drainage to the Rouge River is going to be an improvement not only to this property, but it will probably help facilitate better storm water management for the neighboring properties as well Mr Taormina There's no reason why it shouldn't be an actual improvement if they've got a problem in that area adjacent to that northeasterly building in Parkway Condominiums It could very well be improved by this design by allowing the water to drain off and into this pond and then outlet properly into the Rouge River Mr Wilshaw Exactly We've seen this in other developments throughout the city where these types of systems actually improve situations but at the least, the goal of both the city engineers and of Wayne County when it comes to storm water management is for any development of a parcel, including this one, to not make anything worse on any neighboring property So at the least, we're going to not impact your property through increased water to your facility, but also hopefully can actually improve the situation for your area So that's just so you understand typically that's the results that we tend to see So in no way would we be wanting to do anything that would worsen any drainage in your development Ms Retz Okay Mr Morrow Mr Wilshaw, I think on the prior petition, the development of that storage yard was going to clear up the drainage situation that currently existed because they came into compliance with Wayne County That's exactly right When you put in retentions, things like that, it tends to clean up a lot of the surrounding problems July 14, 2015 26982 Ms Retz Okay Can we get more of a berm put in on the west side there? Mr Morrow Well, that would be up to the petitioner I don't know if you have enough room to build up the berm or not Mr Taormina Mr Chairman, if I can respond to that I would just caution against any kind of commitment at this point until and unless it's properly engineered Because, as I look at this plan, the area between the existing building at Parkway Condominiums and the westerly edge of the detention basin shows a pond with a catch basin Well, if you start to berm that area up, you may be impeding the flow of drainage and trapping more water on the adjacent property So while I think it's a good thing to look at, I don't know that it can be accomplished to any great extent in terms of berming Landscaping is one issue, but berming may present some complications and may work contrary to what we just discussed, which is improving the drainage pattern between the two properties Mr Morrow One thing you want to keep in mind, he's developing what you might say is an upscale subdivision, something that I think the neighbors would feel pretty good about Sometimes when people talk about screening, they want it for what reason, whether it's a single family next to you or not I think he's got a track record where he probably builds some of the best subdivisions not only in Livonia but in the surrounding area I'm sure it will work with your area That's one commissioner's opinion Ms. Retz And as far as the buildings being the lower end of $40,000, they are going for a lot more now He had said earlier that the condos were going for $40,000 We just had one go for $85,000 - $90,000 so they are coming up again I just don't want you to think that it's a lower establishment Mr Morrow No Ms Retz It's an older establishment but has a lovely garden setting, and I just want to retain that Mr Morrow I don't think this will detract at all I'm not a real estate expert, but I wouldn't be surprised Anyone else'? Denise Semon, 36062 Ann Arbor Trail, Livonia, Michigan 48150 I've been following this development from the first time there was a July 14, 2015 26983 meeting with the zoning committee and I think it's a great asset to the community I just have a couple questions and piggy backing onto the other two speakers Naturally I'm concerned about the water basin and how it's going to affect us My concern is, there is currently I think a six foot to seven foot cyclone fence dividing the two properties right now That fence starts at Ann Arbor Trail, goes down and touches to Hines Park, and then there's a 90 degree angle There's a fence from that one and it attaches to the building So my concern is, is that fence going to be removed where we can put that basin into drain because right now there is a lot of foliage that's on that fence and prior to that, there was a huge — a lot of mulch was attached to it Could be anywhere from a six to seven foot pile of mulch and that has been removed but the fence with all the foliage is still there My concern is what's going to be done with that Then we spoke about the berm on the east side that abuts up against the other condominium There's actually a berm there now and it looks as if according to the blueprints that that berm has widen with the assistance of the new developer And there's also on that berm, the existing berm, there are evergreens that are dead Now my concern is, is the developer going to replace those dead evergreens With that, when he replaces the fence, if he's going to, the 15 feet between our carport, if you look, that row T's right into our carport. If that indeed is a public road, which the City I'm assuming will maintain, will they push all of the snow from that, because there's only one way in and one way out, into our carport And if so, who will repair that or make any repairs to any cars that might be there? That's just a couple Again, that was the evergreens, the lighting on the curb, the lighting on the curb right now is the pole, just a regular pole with a light on it It does not have a normal streetlight where you would find in a residential area I have a concern with that And we also asked about a sprinkler system being put on the berms I just have one question to ask the other condominium Is there an existing sprinkler system now to maintain your trees on your berm where your trees are? Mr Morrow Ma'am, you have to come through the Commission Ms Semon Well, my concern is, we've been mentoring this for the whole time I just want to make sure whatever is on the east is on the west side because on the east side they've already had a berm They have had evergreens that are dead, and it seems like they may get replaced They went from a 15 foot to a larger one, and my concern is what's going to be done on the east side July 14, 2015 26984 Mr Morrow Ma'am, you have a plan before you, which will be acted on tonight Ms Semon That plan really isn't in the same size as the east side My concern is that Mr Morrow All I'm telling you is this is the plan that we're going to act on tonight, either approve it or deny it We're not going to modify it tonight Ms Semon. And my concern is before you approve it, if everyone has the idea to approve it, if you could take a minute of your day and actually come to the site and look where the pond is, because if you look on that, the pond that is on the blueprint actually is not a pond in our area It's actually part of our property and it comes down to a low point Mr Morrow Ma'am, that has been worked out with the engineering Engineering has approved this plan Now, we are a recommending body You can come to the Council's meeting and express your concerns, but we are going to react to this plan as you see it tonight Ms Semon And I certainly understand it and I've been given that answer from the zoning to right now, come to another meeting, come to another meeting I'm here at this meeting I'm representing myself and I'm stating that right from the get go, we've been asking for a berm and it doesn't look as if it's going to be appropriate That road is going to come down, it's going to end right at our carport Where's the snow going to go? If we have snow and it's going to be maintained by the city Just have a couple of these issues again, if you approve it, I certainly understand If you have any questions in which we do as Parkway Condominium There's 72 units there and we just want someone to come over there and actually walk the site and see what you're going to approve Mr Morrow Thank you Yes, Mark Mr Taormina Just to address the questions relative to snow removal That road will have a curb as well as a barricade at the end So I don't think that there will be any real opportunity for the city to push the snow beyond that point and adversely affect the carport Plus you have the aprons on either side that would allow for additional room for the snow removal In terms of the July 14, 2015 26985 dead evergreens on the east side of the property adjacent to Arbor Woods, if they are on Arbor Woods property, unless the developer makes a separate arrangement with the Association, then it's not the obligation of this developer to replace their trees The same would hold true with the fence I'm assuming that the fence that exists along the border of Parkway Condominiums is their fence, and not his fence to remove unless he has some arrangement with Parkway Condominiums to replace that or to modify it at all Then lastly, I think I addressed the issue of the berm between the pond and Parkway I would caution any suggestions or recommendations for berming in that area until it's properly engineered to make sure that it could be done properly I would like to leave that door open to improve the drainage situation, which I think is probably more of a concern in terms of buffering It seems to me that could be accomplished by landscaping rather than berming in that area Those are just my comments relative to the resident's comments Ms Semon Very well, thank you very much I appreciate it, and again, invite you to come on over and take a look at it Mr Morrow Thank you Tia Reid, 35904 Ann Arbor Trail, Livonia, Michigan 48150 Kind of piggy backing off of her snow removal, my biggest worry is we've already had drainage issues where we get an ice buildup in our carports So adding that snow and that draining into it could cause another safety issue My question about lighting, I understand that they want to put the sign at the entrance and they want to put lighting around it, and I think she mentioned it was actual lighting on Ann Arbor Trail in that area You are now adding more traffic to an already dangerous curve So is that something we bring to you? Is it another commission that I'm supposed to ask? Is it another department I'm supposed to call? Mr Taormina- She is referring to lighting at the entryway? Is that what you're referring to'? Ms Reid No, on Ann Arbor Trail itself I understand that they want to put the sign in and they want to have lights around it to tell you where the driveway is I'm talking about the very minimal one light we have on that curve Do they plan on making it any lighter? Mr Morrow Well, that would be something that does not fall within this July 14, 2015 26986 Ms Reid That's what I'm saying Who would I talk to then? Mr Morrow I don't know Mark, would that go to the Traffic Commission or where would they go? Mr Taormina I would start with the Engineering Department This is a City of Livonia maintained thoroughfare so that's something she would take to either the Traffic Commission or the Engineering Division I would probably start with our Engineering Division Irrespective of this development, if there is a lack of lighting there, then that's something that maybe she could bring to their attention to see if there's an opportunity for additional lighting along Ann Arbor Trail I can tell you that entryway, more than likely, will receive a couple of additional lights so that will help on this end of the property in terms of visibility Mr Morrow Thank you Ms Reid I think they've already covered everything else Thank you Mr Morrow Mr Soave? Mr Soave I'd like to say a couple things if I may We're adjoining a site that is R-7 If this could go R-7, our site, that means we could get about 47 condos over there and we would have more water runoff. As far as storm issues, we've taken four soil borings on this site We went 20 feet deep, and this is all beach sand It's granular sand It's never going to hold any water On top of that, behind the site, it's about a 25 — 30 foot drop Water is going to go into the Rouge River It's never going to stay up there As far as us affecting the adjoining property owner, we're going to tap into that storm catch basin that's way behind their property We're not even going to be close to their detention or their storm sewer As far as the road, the road is going to be just like any other road It's going to be 31 feet from curb-to-curb, just like every other road in the City of Livonia As far as traffic problems, the speed there is 35 miles an hour I've driven that road probably every day for the last 40 years There's a school between Stark and Newburgh and there's police cars there all the time God forbid if you go over 25 miles an hour I've never got a ticket Knock on wood I've never got a ticket because I don't want to get a ticket So as far as us impacting them, I'm sorry I don't see it We're in between two multiple sites, R-7 and zoned multiple on the east side As far as evergreens on the east side, if they're dead evergreens, they're on their property July 14, 2015 26987 We're going to maintain our property That's all I can say Thank you very much Mr Morrow Thank you Ms Reid I'm sorry just really very quick. I'm just trying to understand their plan here So I don't know if he will be able to help me more being closer There's a solid line here and then the dotted line Is the dotted line supposed to be their property line or is it the solid line? Mr Taormina The solid line very close to the carport Ms Reid That's the property line between the two'? Mr Taormina The solid line, yes Ms Reid Okay Thank you Mr. Soave And can I say one last thing? Mr. Morrow Yes Mr Soave I've been at the condominium on the west side and I've been by the carports There's a grade difference between the two sites It's like six, seven feet So if you put evergreens on the west side, it's not going to affect their site Also, if you're worried about snow going on their property, we've got a 10 foot greenbelt with a berm and then we have curbs on the "T" turnaround No plow is going to go through the curb and go through a 10 foot greenbelt and push snow on the west side of the property Mr Morrow Okay Thank you If there is no one else coming forward, I will close the public hearing and ask for a motion On a motion by Taylor, seconded by Smiley, and unanimously adopted, it was #07-44-2015 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on July 14, 2015, on Petition 2015-06-02-12 submitted by Crosswinds Court Sub Inc requesting special waiver use approval pursuant to Sections 20 01 and 20 02A of the City of Livonia Zoning Ordinance #543, as amended, to develop a Planned Residential Development under the Single Family Clustering option (Arbor Trail Estates) on properties at 35652, 35700, 35800 and 35850 Ann Arbor July 14, 2015 26988 Trail, located on the north side of Ann Arbor Trail between Wayne Road and Newburgh Road in the Southeast 1/4 of Section 32, which property is zoned RUF and C-1 and is proposed to be rezoned to R-1, the Planning Commission does hereby recommend to the City Council that Petition 2015-06-02- 12 be approved subject to the following conditions 1 That the Master Deed and bylaws for this condominium development shall be submitted and filed with the Planning Commission and City Council within sixty (60) days of this approval, 2 That the following shall be incorporated in the Master Deed and bylaws - that the first floor of each condominium unit shall be brick or stone, on all four (4) sides, and the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings, - that the minimum floor area for each one-story dwelling shall not be less than 1,500 square feet and not be less 1,800 square feet for each two-story dwelling, - that all exterior chimneys shall be brick 3 That entry lights and sidewalks shall be installed throughout the development to the satisfaction of the Engineering Department, 4 In the event of a conflict between the provisions set forth in the Master Deed and bylaws and the requirements set forth in the City of Livonia Zoning Ordinance No 543, as amended, the Zoning Ordinance requirements shall prevail and petitioner shall comply with the Zoning Ordinance requirements, 5 That the petitioner shall include language in the Master Deed and bylaws or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detention/retention and outlet facilities, and giving the City of Livonia the right to impose liens on each lot owner's property prorata and place said charges on their real estate tax bills in the event said charges are July 14, 2015 26989 not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia, 6. That the brick used in the construction of each condominium unit shall be full face four inch (4") brick, 7 That the Site Plan marked Sheet 1 dated June 25, 2015, as revised, prepared by Arpee/Donnan, Inc , is hereby approved and shall be adhered to, 8 That the Landscape Plan marked Sheet 2 dated June 25, 2015, as revised, prepared by Arpee/Donnan, Inc , is hereby approved and shall be adhered to, 9 That only a conforming entrance marker is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council, 10 That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan, 11 That the Site Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for, 12 That all required cash deposits, certified checks, irrevocable bank letters of credit and/or surety bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No 543, Section 18 66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development, and, 13 Pursuant to Section 19 10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19 05 of Zoning Ordinance #543, as amended July 14, 2015 26990 Mr Morrow Is there any discussion'? Ms Smiley I would like to ask the maker of the motion, we said in here that only a conforming entrance marker is approved with this petitioner Did we want to say a lighted entrance marker or refer to that in some way, Mark? Mr Soave said it wasn't a problem Mr Taormina Yes I think that's important that we do that I think what will happen is they would request waiving the street lights on Rouge Bluff Court in favor of entry lights along Ann Arbor Trail, which is what was done recently, because this is a short street and there's probably no need for street lighting on the residential street, and more importantly, you'll need the lights near the entryway I think that's what you did at Livonia Manor Mr Soave Yes If I can speak to that, please We did Livonia Manor #1 The people didn't want street lights, so we had two lights on Seven Mile At Livonia Manor #2, we've got the same thing The people voted on it They wanted an entrance marker with two lights That's what we provided And that road is about 1,500 feet It's about half the size of this road Mr Morrow That sounds like what we were talking about earlier if you were going to do any lighting around the sign Mr Soave Yes, sir Ms Smiley He said yes? Mr Morrow Mr Taylor, did you say okay? Mr Taylor Oh, yes Ms Smiley I approve too, yes Mr Morrow Is there any other discussion? Mr Wilshaw Just a brief comment. When we deal with these types of petitions that abut other residential properties or what have you, we can't always check off everybody's box of what everybody wants, but what we try to do is at least hit the major ones and as many as we can This developer has gone to a good extent to work with the neighboring properties on both sides to present the plans in advance of this meeting and try to resolve as many of those, check off as many of those boxes as he could in terms July 14, 2015 26991 of landscaping and buffering and so on He has come to us with a plan I think is reasonable for the site It removed one of the lots that he was capable of building on in favor of making sure that he had adequate landscaping As a result, I think this is an appropriate resolution tonight However, realizing that we're not going to satisfy everybody's individual needs Thank you Mr Morrow Thank you for the comments Anything else? Mr Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted It will go on to City Council with an approving resolution Thank you for coming this evening Mr Soave Can I make one last request? Can I get a seven day waiver on this? I'd like to do it this year if I may On a motion by Taylor, seconded by Smiley, and unanimously adopted, it was #07-45-2015 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Article VI of the Planning Commission Rules of Procedure, regarding the effective date of a resolution after the seven-day period from the date of adoption by the Planning Commission, in connection with Petition 2015-06-02-12 submitted by Crosswinds Court Sub Inc requesting special waiver use approval pursuant to Sections 20 01 and 20 02A of the City of Livonia Zoning Ordinance #543, as amended, to develop a Planned Residential Development under the Single Family Clustering option (Arbor Trail Estates) on properties at 35652, 35700, 35800 and 35850 Ann Arbor Trail, located on the north side of Ann Arbor Trail between Wayne Road and Newburgh Road in the Southeast 1/4 of Section 32, which property is zoned RUF and C-1 and is proposed to be rezoned to R-1 Mr Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted You have your seven day waiver Good luck at the Council level ITEM #5 PETITION 2015-06-08-07 TEN YEN PLAZA Ms Smiley, Secretary, announced the next item on the agenda, Petition 2015- 06-08-07 submitted by Acy, L.L C requesting approval of all plans required by Section 18 58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to remodel the exterior of the commercial shopping center (Ten Yen Plaza) at 8963-8997 Wayne Road, located on the west side of Wayne Road between Joy Road and Ann Arbor Trail in the Southwest 1/4 of Section 33 July 14, 2015 26992 Mr Taormina This is a request to remodel the interior of an existing retail plaza commonly referred to as Ten Yen Plaza. It's on the west side of Wayne Road between Ann Arbor Trail and Joy Road This site is just under an acre in size and it includes the main parcel that has frontage along Wayne Road and which contains the retail plaza, as well as a back lot which is located kitty corner from the main parcel with frontage on the side street, Joselyn Avenue That portion of the site provides additional parking for the plaza It's difficult to see on this site, but 9001 is also property owned in common with the Ten Yen Plaza The main part of the site is zoned C-2 The back lot is zoned C-1 The multi-tenant one-story retail plaza is about 10,500 square feet in total size and can accommodate up to six leasable tenant spaces However, the only tenant currently occupying space in the center is Ten Yen restaurant which has been there for some time The improvements to the site involve a facelift to the shopping center's store front elevation The current façade includes a combination of brick and glass on the lower part with asphalt shingled mansard roof above The most significant change will be to cover the mansard roof by adding a dimensional parapet wall along the upper part of the façade along the building's east elevation facing Wayne Road The new vertical wall elements would extend above the existing roofline and project above a walkway that is in front of the storefronts. It would be constructed out of EIFS primarily This would be a painted EIFS system It also includes some patterning to help differentiate and provide some interest along the façade of the center Also you'll see flanking on both ends of the façade are sections of sloped red metal roofing that would extent about four feet above the new parapet wall and there are nine brick columns that would be needed to support the overhang Those would be evenly spaced along the front of the building There is some existing panel brick located on the front of the building That would be removed and replaced with cultured stone There are a couple different materials that will go into the facelift The red metal roof on top, the next layer moving down is the painted EIFS system, then you have a darker brown which is the columns that would be constructed along the front of the overhang Those would be clad with full face brick Then in the background is the cultured stone which is actually along the face of the restaurant The plans do not indicate any improvements or changes to the site including parking and signage With that, I can read out the correspondence July 14, 2015 26993 Mr Morrow Please Mr Taormina There are four items of correspondence The first item is from the Engineering Division, dated June 23, 2015, which reads as follows "In accordance with your request, the Engineenng Division has reviewed the above-referenced petition We have no objections to the proposed project at this time The existing parcel is assigned an address of #8981 Wayne Road, with a range of addresses from #8963 to #8997 Wayne Road for the individual units within the building. The legal description included with the petition appears to be correct and should be used in conjunction with this petition The existing building is currently serviced by public utilities which are not indicated for alterations under the proposed remodeling Should the owner need to alter the existing service leads to the building, plans will need to be submitted to this department to determine if Engineering permits will be required " The letter is signed by David Lear, P E , Assistant City Engineer The second letter is from the Livonia Fire & Rescue Division, dated June 25, 2015, which reads as follows "This office has reviewed the site plan submitted in connection with a request to remodel the exterior of the commercial shopping center on property located at the above referenced addresses We have no objections to this proposal " The letter is signed by Keith Bo, Senior Fire Inspector The third letter is from the Division of Police, dated July 2, 2015, which reads as follows "I have reviewed the plans in connection with the petition I have no objections to the proposal. I do however recommend repair be made to the asphalt parking lot There are several large holes and cracks in the surface Also, please refer to the enclosed map of Ten Yen and surround businesses In the alley due north of Ten Yen, there is a large 10 foot by 10 foot crater It is located behind 9001 Wayne and the gas station I do not know whose responsibility it is to repair this, but I want to make sure you are aware of it " The letter is signed by Joseph Boitos, Sergeant, Traffic Bureau The fourth letter is from the Inspection Department, dated July 13, 2015, which reads as follows "Pursuant to your request, the above-referenced petition has been reviewed The following is noted (1) The protective wall on the South and West side of the property shall be repaired and painted as needed (2) The dumpster enclosure located on the West portion of the property is in need of repair and has no gates installed (3) The parking lot shall be repaired and restnped as necessary Parking spaces shall be 10' wide and 20' deep and double striped (4) Barner free parking spaces shall be properly sized, signed and striped (5) The electrical July 14, 2015 26994 junction box for the pylon sign needs to be replaced and installed to code (6) The Commission and/or Council may wish to address the existing non-conforming pylon sign (7) The rear of the building is in need of maintenance and repair This Department has no further objections to this petition " The letter is signed by Jerome Hanna, Assistant Director of Inspection. Thank you Mr Morrow Are there any questions from the Commissioners? Seeing none, is the petitioner here this evening'? We will need your name and address for the record please Ryan Schneider, A J Design Architect, 2803 Greenlane, Commerce, Michigan 48382 Michael Rose, 750 Welsh Road, Commerce Township, Michigan 48309 Mr Morrow Are you the owner, sir? Mr Rose No I am representing the owner She is in China She couldn't get back for tonight's meeting She will be back tomorrow I'm the real estate broker on the property Mr Morrow Thank you Sir, you've heard the presentation Is there anything you want to add'? Mr Schneider The only thing that we talked about, we met a couple contractors at the site and the concern is that putting the brick columns inside where the sidewalk is, part of the thing is we're going to rip up the whole sidewalk and redo the sidewalk because we noticed that there's also a drop at the doors that won't meet ADA requirements So we're going to redo the entire sidewalk in front of it By keeping the parking lot as is and the columns in that sidewalk, we're only about three feet away from the building So we're looking at just off-centering columns Instead of 9, we'll have 8 brick columns By doing this, if you look right now, the doors line up with the columns They're just going to slide off-center the other way so that you won't have any obstructions getting to the doors themselves We're proactive and we're actually getting four bids from contractors We've asked all four of them about redoing the whole road and doing that grinding four inches off the asphalt and putting new asphalt in instead of just topping it Do you have anything else to add? July 14, 2015 26995 Mr Rose I know that the woman who bought the center just bought it about two months ago Her sister actually owns the restaurant There were no other tenants She bought it to generate more business for her sister and then redo the center because it's not a nice looking center right now She's proactive in getting everything the way that it should be Mr Morrow You mentioned something about the parking lot Mr Schneider Correct We are going to repave the parking lot Mr Morrow You will repave it'? Mr Schneider. Yes Mr Morrow Well, that's a giant step forward I'll go to the Commission now Ms Smiley Do you have any samples of what you're going to do on this building? Mr Schneider I do not It's a very traditional cultured brown stone, brown brick to match. It's a red metal awning I can get you some samples if you'd like for the next meeting Ms Smiley I think you'll need them before you go to Council What are those two red things on top there'? Mr Schneider That's just a metal roof Ms. Smiley But it doesn't go all the way across'? It's just those two sections? Mr Schneider Yes, it's just two sections It gives it a little bit of height and gives anchor to the corners so it doesn't get too top heavy Instead of just doing El F S straight across, just trying to give a little three dimensional aspect to it The red metal is actually sloping so it's a slope coming out with a gutter on the end where the EIFS is a true parapet, and instead of just leaving brick and the existing façade, we're changing that to cultured stone with a brick in front of it trying to give it some three dimensionality when you're driving by so it doesn't look like it's all brick across So that would be the red metal roof Ms Smiley I would recommend that before you go to Council that you actually have material samples July 14, 2015 26996 Mr Schneider We'll bring samples and actual colors This is relatively new to us in this process so from here, it goes to City Council and that's a meeting in about another three or four weeks'? Mr Morrow The Council sets up their own schedule but maybe, Mark, you can give him an idea Mr Taormina Yes It's roughly that timeframe Mr Schneider Then we meet with them and show them the samples there and then from there, they'll either approve it or not approve it Mr Morrow Right We'll make a recommendation either approving or denying and then they will ultimately make the final decision Mr Schneider And then from there we could submit for a building permit Mr Morrow Yes, once you have your approvals from City Council Ms McIntyre A couple of things Do you have any renderings of the north and south elevations'? Mr Schneider It's block right now and we're just talking about painting it We're not doing anything on the sides at all I mean other than repair the CMU, the grout that is needed to be tucked, there's no work on each side Ms McIntyre Okay Well, you'll definitely want to have renderings of what that's going to look like at the City Council Mr Schneider Are you saying I can just take some pictures of what the existing looks like'? Ms McIntyre If you're going to paint it, I think at a minimum it needs a new coat of paint I would have a photo of what it looks like now and then a rendering of the improvement with the paint Is the restaurant that's there now, Ten Yen, Is that restaurant viable'? I remember going there as a kid, which was a very long time ago I mean, how is the restaurant doing'? Mr Rose She is doing well There's a ton of carry outs there When I go there in the afternoon to show space, there's always two or three cars and all these people are going in to get carry outs At night, I don't know July 14, 2015 26997 Mr Schneider The biggest thing I know just from talking to the owner is that it's her sister that owns the Chinese restaurant They've been paying rent for years and obviously haven't done anything to the building The original owner is from out of state so about a month and a half ago or so she bought the building and the whole idea is to renovate it The owner already owns other properties in Livonia and just redid a new place not too long ago Mr Rose Yes, on Middlebelt Road between Seven and Eight called Mid-8 Plaza Ms McIntyre Okay Mr Rose The green EIFS with the brown trim Ms McIntyre Yes, I know right where that is I think, and don't misread my question about the restaurant, it's a nice thing to see a long time business that's been there forever to serve the community It still is obviously popular in a commercial strip center that looks horrible which is being redone with an opportunity to really spruce up that stretch of the road, and also, hopefully, right, to boost the business appearance because if you don't know a restaurant, you're not probably going to go into a restaurant in a commercial strip that looks like that So I think there's great opportunity here, but again, you just have to have a lot more detail when you go to Council or you won't get approved Mr Schneider Okay Thank you Ms Smiley Through the Chair, Mark. The ten by ten hole they're talking about, whose is that'? Mr Taormina I actually drove out to the site today and I failed to look at exactly where that is located, if it's on this property or off the site So I apologize for not knowing where that so-called crater is Mr Morrow I didn't see it when I was out there Mr Taormina It might be in the alleyway behind the barber shop, but we can go back and check Mr Chairman, if I could just ask a couple questions Mr Morrow You surely may July 14, 2015 26998 Mr Taormina I agree with Commissioner McIntyre on getting some additional information when you go to Council One item is going to be how the north and south sides will be finished We may need to see a side view I understand looking at this construction diagram how it's being framed, and you've got the existing roofline and how you're going to add the elements above that, but I think you need to call out what the materials are going to be going all the way back to the block and maybe show that existing roofline as it comes down a little bit further I think that would be helpful because that question will come up at the Council level Then I would also encourage you, besides bringing in the material samples and making a change from eight columns instead of nine, to provide a conceptual site plan and call out all the improvements that have been identified this evening, like the parking lot, the striping, where those barrier free parking spaces are going to be provided on the site, and the improvements to the sign That is still an issue that may come up in a discussion this evening, but a couple of things identified by the Inspection Department, like the dumpster enclosure gates and repainting the wall and painting the side of the building Call those out on a site plan It doesn't have to be a surveyed site plan, just something that hits each one of these items so that they're covered and you're committed to doing those as part of the project because I don't think any of these things are onerous They're really just general maintenance items that should be covered with the final resolution on this Thank you Mr Morrow I support that In other words, what we've heard so far, you're making a significant investment and you don't want to do any half measures I think some of the things you'll hear tonight, you're just kind of doing the little things that will not only improve the site but work in a positive manner to not only they've stood the test of time as far as staying in business, and hopefully it will draw tenants to your site Mr Rose That's what she's hoping for Mr. Morrow Like I say, I've heard a lot of nice things here tonight As one Commissioner, I looked at the site and I say, oh man, I hope they're not going to have too much shortfall in what they want to invest in this site Those are just my comments Any other questions or comments July 14, 2015 26999 Mr Wilshaw We haven't really talked about the pylon sign too much with the petitioner Are you guys really stuck on that pylon sign or is there some flexibility there about removing it? Mr Schneider I'll be honest, we haven't really talked much about the sign tried to have nothing to do with the signage Mr Rose She wants to redo it She likes the sign, but there is flexibility She would like to redo the whole sign completely and leave it there, but she understands. That's why she has the monument sign on Middlebelt Mr Wilshaw That's exactly the reason we ask Historically in our city, we've made great efforts to try to remove pylon signs from the community that have been established years ago before some of these ordinances existed and replace them with ground mounted monument signs that are more attractive but still give enough space so that you can not only advertising your primary tenant, which is obviously Ten Yen, but also panels for some of the other tenants so that people can find those businesses as they're coming along Wayne Road. So I would really like to see consideration be given to getting rid of the pylon sign and replacing it with an appropriate monument sign that would be very attractive to go along with all the other improvements that are being made that will also clearly improve the appearance of this site overall and make it all very attractive and conforming with what we see in other areas of the city Whether that makes it into an approving resolution or not, I don't know, but I would certainly like that to be considered That may be hopefully an issue that will come up at the Council level as well Thank you Mr Schneider Just to respond to Mark We revised the drawings like we said We did actually some elevations of the side to show how it turns around You don't have it It's something that was done after. So we'll make sure we send it for everyone else to show how it turns the corner and how it meets the brick and then we'll definitely bring the samples for the materials Mr Morrow Anything else? I don't see anyone in the audience This is not a public hearing, but we'll call off discussion and ask for a motion On a motion by McIntyre, seconded by Smiley, and unanimously adopted, it was #07-46-2015 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2015-06-08-07 submitted by Acy, L L C requesting approval of all plans July 14, 2015 27000 required by Section 18 58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to remodel the exterior of the commercial shopping center (Ten Yen Plaza) at 8963-8997 Wayne Road, located on the west side of Wayne Road between Joy Road and Ann Arbor Trail in the Southwest 1/4 of Section 33, be approved subject to the following conditions 1 That the Elevation Plan marked Al 01 dated July 3, 2015, as revised, prepared by AJ Design Architects, is hereby approved and shall be adhered to, 2 That the brick used in the construction of the columns shall be full face four (4") inch brick, 3 That the north, south and west elevations of the building shall be repaired as needed, and repainted, 4 That the issues as outlined in the correspondence dated July 13, 2015, from the Assistant Director of Inspection shall be resolved to the satisfaction of the Inspection Department and/or Engineering Department, 5 That the existing pylon sign shall be removed and replaced with a conforming monument sign, and that only conforming signage is approved with this petition Any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals, 6. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows, 7 That the parking lot shall be repaired, resealed and restriped as necessary to the satisfaction of the Inspection Department Parking spaces shall be doubled striped at ten feet (10') wide by twenty feet (20') in length, 8 That all dying, dead, diseased or missing landscaping shall be replaced at the direction of the Planning and Inspection Departments, 9 That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for, and, July 14, 2015 27001 10 Pursuant to Section 19 10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of ONE YEAR ONLY from the date of approval by City Council, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period Mr Morrow Is there any discussion? Ms. McIntyre Should we edit the elevation plan now because that's the elevation plan that shows nine columns and we're moving to eight Mr Schneider Correct I mean I have the drawings Mr Taormina. Is that a revised date? Mr Schneider Yes, I have a revised date on it Mr Taormina What is that date'? Mr Schneider It's 7/3/15 I have a half set and full set if you want to see it now Ms McIntyre Mark, would that become Elevation Plan Al 02? Mr Taormina Yes, and I don't need to see it now but we want the correct date Ms McIntyre All right So we'll just correct the date Ms Smiley I have one question On Condition #4, when we say only conforming signage is approved, what does that mean, Markt Mr Taormina Maybe Mr Wilshaw will begin that discussion on the signage issue, but I don't like the way Condition #4 is worded if it pertains to the monument sign or the ground sign We need better clarification on what the intention there is I don't think we're concerned too much about the wall signage, but if the intention is to replace the pylon sign with a new one, you can either treat that as a callback item within 60 days of Council approval, have that come back for review, or provide direction this evening relative to removing the pylon and replacing it with a conforming monument sign Ms Smiley. Mr Wilshaw, what he said, replacing the pylon with a conforming monument sign'? July 14, 2015 27002 Mr Wilshaw I would like that, yes As I understand it, the pylon sign, as is, if it's not touched, is grandfathered but if they're going to be working on the sign or redoing it, that's an opportunity If you're putting the money into putting up a new pylon sign, you have the opportunity to now make it a nice monument sign as well Mr Taormina I believe they would be entitled to an 8 foot high, 40 square foot sign. I believe that's what the ordinance would allow Mr Morrow Can you commit to that this evening'? Mr Rose If it's an eight foot sign, not a problem Mr Morrow Did you say 8 by 4'? Mr Taormina No Forty square feet, eight feet high Mr Rose She told me that I have permission to approve things while she's not here as long as it doesn't cost her a ton of money It won't be an issue I'll talk to her Ms McIntyre I don't think you'd want to do redo and put all the money into this and then have the old sign Really, the sign for Ten Yen, that's almost kind of the logo, right'? Mr Rose That's going to be redone too Ms McIntyre But that's a strong visual cue, that sign on the building Mr Schneider Can I question one thing? One of the comments you made about the mechanical units on the roof to block it on all four sides Obviously, the main street side, it's easy to do We're doing that with the soffit and everything else The other two sides, if you look at them, they're old units They've been there for a while They're pretty tall I'm concerned on how you're really going to screen it and then protect it through the environment in Michigan You're not going to be able to do a small wall It's on a sloped roof The barber shop next store, you can see all the units on the side I think that would be a very complicated way to screen that mechanical on three sides when we're truly screening it already on the main street side Mr Taormina We can eliminate that condition because I think he's correct It won't be visible from Wayne Road given the height of the parapet Correct' July 14, 2015 27003 Mr Schneider Correct Ms Smiley Have you eliminated #3 then? Mr Taormina I think it can be eliminated. Ms Smiley Are you rewriting #4? Mr Taormina I was going to try and verify the code but I'm having trouble here. Mr Schneider We're okay then with taking down the pylon sign and putting up a new sign We're okay with that Ms McIntyre So would we want to make that only a conforming monument sign is approved with this petition'? We don't want to limit it to the monument sign because they also get a wall sign Mr Wilshaw I think we need to leave the existing verbiage that conforming signage is approved, and then add to that, that the pylon sign will be replaced with a conforming monument sign Mr Schneider Whatever your requirements are Mr Wilshaw Eight feet high, 40 square feet in area Ms Smiley. Is that right, Mr Taormina'? Mr Taormina I think you can include that If it's not, then it would at least entitle them to go to the Zoning Board of Appeals for approval for an eight foot sign, which is a vast improvement over what exists today and I think would be completely in keeping with the scale of the site I believe that is what's conforming but I'm trying to double check that right now Mr Wilshaw If we're giving them a little bit more on the monument sign, I have no problem with that if they remove the pylon sign Mr Taormina And then also reference the Inspection letter and the improvements recommended in there If the maker of the motion could accept, by reference, the items to be addressed to the satisfaction of the Inspection Department Ms Smiley That would be #10? Mr Taormina Correct July 14, 2015 27004 Ms Smiley Okay Is that okay? Ms McIntyre That is great Mr. Morrow Just a couple other details We talked about the repair and the painting of the north and south and west walls They committed to do it We might as well make that part of the resolution Ms Smiley Is that covered in the Inspection Department's letter? Mr Morrow Yes Ms Smiley Oh good, because he's going to include this whole thing as #10 Mr Morrow He's got a conflict here too We've got it here but it's not in the motion Are you going to include the dumpster? Mr Taormina That was in the Inspection Department's letter So by reference we're including that Ms Smiley He said all items he's going to fix here Mr Morrow Okay I guess that's what I missed Do we now have everything included? And the maker and the supporter are happy? Ms McIntyre The maker is very happy Ms Smiley Mark is still looking something up Ms McIntyre Okay Mr Taormina I think we're good Mr Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted It will go on to City Council with an approving resolution Gentlemen, thank you for waiting We really appreciate your coming tonight I think you've got a nice - building coming here that I think will be a credit to the city Mr Taylor. I was just going to mention that actually we had a study session here tonight I was surprised that we had an approving resolution because I thought we would probably table it because we didn't have near enough information that we normally get at a study session I understand the owner is out of town, but you're really going to have to perform before the Council July 14, 2015 27005 Mr Schneider Okay I'll have more details, and just so I know A lot more details Mr. Taormina That is an eight foot high, 40 square feet sign that they are entitled to Mr Morrow We really appreciate it and we think it will be a lot smoother at the Council level if you follow what you heard here tonight ITEM #6 APPROVAL OF MINUTES 1,072"d Public Hearings and Regular Meeting Ms Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,072nd Public Hearings and Regular Meeting held on June 30, 2015 On a motion by Wilshaw, seconded by Taylor, and unanimously adopted, it was #07-47-2015 RESOLVED, that the Minutes of 1,072nd Public Hearings and Regular Meeting held by the Planning Commission on June 30, 2015, are hereby approved A roll call vote on the foregoing resolution resulted in the following AYES Bahr, Smiley, McIntyre, Wilshaw, Taylor, Morrow NAYS None ABSENT Bahr ABSTAIN. None Mr Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted On a motion duly made, seconded and unanimously adopted, the 1,073rd Public Hearings and Regular Meeting held on July 14, 2015, was adjourned at 9 37 p m CI , PLANNING CO ,MISSION Carol A Smiley, cretary '`/ S < ' ATTEST '`Q� fi R Lee Mor7ow, Ch 'rman