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HomeMy WebLinkAboutPLANNING MINUTES 2008-02-05MINUTES OF THE 957° PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, February 5, 2008, the City Planning Commission of the City of Livonia held its 957" Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. John Walsh, Chairman, called the meeting to order at 7:00 p.m. Members present: William LaPine Deborah McDermott R. Lee Morrow Carol A. Smiley Ashley Varloogian Ian Wilshaw John Walsh Members absent: None Messrs. Mark Taormina, Planning Director; Al Nowak, Planner IV; and Ms. Marge Watson, Program Supervisor; were also present. Chairman Walsh informed the audience that if a petition on lonighfs agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in tum, 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 len 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 fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome oflhe proceedings tonight. ITEM#1 PETITION 2008-01-02-01 HAANDI Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2008-01- 02-01 submitted by Raaga International, L.L.C., requesting waiver use approval to utilize a Class C Liquor License in connection with a full service restaurant (Haandi) at 37116 Six Mile, located on the north side of Six Mile Road between Newburgh Road and Fitzgereld Avenue in the Southwest''/. of Section 8. February 5, 2008 24559 Mr. Taormina presented a map showing the property under petition plus the existing zoning ofthe surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are three items of correspondence. The first item is from the Engineering Division, dated January 29, 2008, which reads as follows: 7n accordance with your request, the Engineering Division has reviewed the above-referenced petition. We have no objection to the proposal at this time. The legal description submitted is correct and no additional right-of-way is required. The address according to our records is 37116 Six Mile." The letter is signed by Kevin G. Roney, P.E., City Engineer. The second letter is from the Division of Police, dated January 15, 2008, which reads as follows: We have reviewed the plans in connection with Haandi restaurant - Class C License, located at Six Mile and Newburgh (northeast comer, Key Bank Commons). We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studl, Sergeant, Traffic Bureau. The third letter is from the Inspection Department, dated January 22, 2008, which reads as follows: "Pursuant to your request of January 9, 2008, the above- referenced petition has been reviewed. The following is noted. (1) The petitioner's property is located closer than 1,000 feet to a property with a Class C liquor license. The 1,000 foot minimum requirement may be waived by City Council. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff before we go to the petitioner? Seeing none, if we could have the petitioner please step forward? Good evening. Shannon Price, 27780 Novi Road, Suite 210, Novi, Michigan 48377. Good evening. I'm representing the petitioner. Thank you, ladies and gentlemen, for the opportunity to be here this evening. As you may know, my client opened in June of '06. He's had some relatively good success. He expanded in December of'06, the restaurant. However, many of our customers that frequent the restaurant have requested the ability to have a drink when they were there, and that's why my client is seeking to obtain the liquor license and the waiver from you this evening, and also request a seven day waiver so we can go to the Council as quickly as possible. As Mr. Taormina mentioned, I believe that there's two places in the complex already that have liquor licenses, a Japanese restaurant and the Mexican restaurant, which has had a small impact on our clientele and our business. February 5, 2008 24580 We believe that if we're able to gain this liquor license, we will not only keep our current clientele but increase it as well. I'd like to let the Commission know the hours of operation of our restaurant are from 11:00 a.m. to 3:00 p.m., so we have a lunch schedule. We close at 3:00 p.m. Sunday through Thursday, we're open in the evening from 5:00 p.m. to 9:30 p.m. and Friday and Saturday we open in the everings from 5:00 p.m. to 10:30 p.m. I believe this is important to lel you know, I mean it's not that we're trying to be a nightclub establishment. We simply just want to provide the ability for our customers to have a drink when they have dinner, which many of them have been requesting. Mr. Walsh: Thank you. Are there any questions for Mr. Price? Mr. Wilshaw: Yes, Mr. Price, its my understanding that your client is agreeable to having a voluntarily agreement to remove the waiver use if the restaurant was to close or shut down for any reason. Is that true? Mr. Price: Sure. Mr. Wilshaw: Okay. What is the typical type of drink that a person would have with this type of cuisine? Are they looking for beer or wine or is R more spirits? Mr. Price: I think you can cover the gamut. You can have beer, wine, spirits, things of that nature. Mr. Wilshaw: Okay. What percentage of your sales do you think this will represent? Mr. Price: I haven't put a percentage on it, but if I had to put a percentage on it probably 10 to 20 percent. I mean we have customers asking for it. Maybe 30 percent. Mr.Wilshaw: Okay. Thank you. Mr. Morrow: Would you ran through those hours of operation? Did I understand that some days of the week you're only open for lunch? Mr. Price: No, no, no. I'm sorry. Everyday of the week we're open from 11:00 a.m. to 3:00 p.m. That's our lunch. Mr. Morrow: Everyday? Mr. Price: Right. February 5, 2008 24561 Mr. Morrow: Even Sunday? Mr. Price: Yes. And then we close from 3:00 p.m. to 5:00 p.m. There's a two hour down time, and then we open for the dinner hour from 5:00 p.m. to 9:30 p.m. Sunday through Thursday. Friday and Saturday those hours extend an extra hour to go to 10:30 p.m. in the evening. Mr. Morrow: I missed that the firsttime around. Mr. Price: I apologize. Mr. Walsh: Are there any additional questions? Thank you, Mr. Price. Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, the public hearing is closed. A motion would be in order. On a motion by La Pine, seconded by Morrow, and unanimously adopted, it was #02-06-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 5, 2008, on Petition 2008-01-02-01 submitted by Raaga International, L.L.C., requesting waiver use approval to utilize a Class C Liquor License in connection with a full service restaurant (Haandi) at 37116 Six Mile, located on the north side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in the Southwest % of Section 8, which property is zoned O2, the Planning Commission does hereby recommend to the City Council that Petition 2008-01-02-01 be approved subject to the waiving of the 1,000 fool separation requirement as set forth in Section 11.03(h) of the Zoning Ordinance by the City Council and also subject to the following additional conditions: 1. That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approved by the Planning Commission and City Council; 2. That no LED Iightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows; and 3. That all conditions imposed by Council Resolution #272- 06, which granted waiver use approval for the expansion of the restaurant use at this location under Petition 2006-04- 02-08, shall remain in effect to the extent that they are not in conflict with this approval. February 5, 2008 24562 Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2. That the subject site 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, the Planning Commission recommends the approval of a Conditional Agreement limiting this waiver use to this user only, with the provision to extend this waiver use approval to a new user only upon approval of the new user by the City Council and the Michigan Liquor Control Commission; and FURTHER RESOLVED, that nofice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Walsh: Is there any additional discussion? Mr. Wilshaw: I just wanted to say that I lend to hold these types of waiver uses to a pretty high standard. I voted against the Kokopelli in this particular center because I think that there were problems with that particular petition, but looking at this, this one is different for a few reasons. One is that it has restrictive hours. The petitioner in this case is agreeable to a voluntary abandonment of the waiver use, and it is a sit-down restaurant as opposed to a counter -serving restaurant, which Kokopelli was. For those reasons, I think that this use is appropriate and I will support it. Mr. Walsh: Thank you. Ms. Vartoogian: Do we need to address the seven-day waiver? Mr. Walsh: After this vole. We take this vote first and then we will consider the seven day waiver. Are there any additional quesfions? Would the secretary please call the roll? Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving February 5, 2008 24563 resolution. With regard to the seven day waiver that Ms. Vartoogian has indicated, the petitioner has requested that we waive the seven day period and the petitioner has also indicated to me that they did speak with Council President Laura Toy and she has agreed to that. Mr. Morrow: As along as they're in agreement at the Council office, I'll offer the resolution. On a mofion by Morrow, seconded by Vartoogian, and unanimously adopted, it was #02-07-2008 RESOLVED, that the City Planning Commission does hereby determine to waive the provisions of Section 10 of Arficle 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 2008-01-02-01 submitted by Raaga International, L.L.C. requesting waiver use approval to ufilize a Class C Liquor License in connection with a full service restaurant (Haandi) at 37116 Six Mile, located on the north side of Six Mile Road between Newburgh Road and Fitzgerald Avenue in the Southwest % of Section 8. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#2 PETITION 2008-01-02-02 JIMMY JOHN'S Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 01-02-02 submitted by JCD III, L.L.C. requesting waiver use approval to operate a full service restaurant with outdoor seating (Jimmy John's Gourmet Sandwiches) at 33177 Eight Mile Road, located on the south side of Eight Mile Road between Farmington Road and Shadyside Road in the Northwest''/. of Section 3. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated January 31, 2008, which reads as follows: "Pursuant to with your request, the Engineering February 5, 2008 24584 Division has reviewed the above -referenced petition. We have no objection to the proposal at this time. The legal description submitted is correct and no additional right-of-way is required. The address according to our records is 33177 Eight Mile Road." The letter is signed by Kevin G. Roney, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 11, 2008, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a full service restaurant with outdoor seating on property located on the south side of Eight Mile Road between Farmington Road and Shadyside Road in the Northwest X of Section 3. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated January 15, 2008, which reads as follows: We have reviewed the plans in connection with Jimmy John's Gourmet Sandwiches, located at Eight Mile and Shadyside (southwest comer). We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Sludt, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated January 22, 2008, which reads as follows: "Pursuant to your request of January 9, 2008, the above -referenced petition has been reviewed. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? Mr. La Pine: Mark, just one question. I notice on here that Taco Bell has their own trash receptade. So does the restaurant next door, which is the Tim Horton's. For Retail C, where is the trash bin for that building? Mr. Taormina: I will zoom in and show you. You can see it right here. Mr. La Pine: So that receptacle is for all of Retail C? Mr. Taormina: That is correct. Mr. La Pine: How many restaurants do we have in Retail C? Mr. Taormina: There are two anticipated at this time, the proposed Jimmy John's, and as I indicated, we have a request from Leo's Coney Island to occupy nearly half the floor area within the building. February 5, 2008 24585 Mr. La Pine: I assume they're going to a larger trash container for Retail C because they have three stores to deal with. Am I right in assuming that? Mr. Taormina: Let's ask that question of the architect of this project. He is here this evening. F they don't think that more frequent pickups will be able to handle the amount of trash, an additional container may be something to consider, but Tel's hope that it's adequate the way it's designed. Mr. La Pine: I thought that's where it was but I couldrtl see it that well. Okay. That's good. Thank you. Mr. Morrow: Yes, I had a question, Mark, about the outdoor seating. Is this outdoor sealing occupying the sidewalk at all or is there space between the sidewalk and the front of the building? Mr. Taormina: Well, it's on the sidewalk. What has to be determined by the Inspection Department at the time of plan review is whether there will be sufficient distance between the tables and the edge of the sidewalk for pedestrian traffic. They typically need bur or five feel. Because of the limited amount of space, these will have to be very small tables occupying that area right against the storefront. Mr. Morrow: Okay. Thank you. Mr. La Pine: Is the outdoor sealing going to be used strictly for Jimmy John's or can any of those restaurants in that area walk over there and sit at those tables? Is that a problem? Its on sidewalk property, which is public property. I just wondered if anyone can sit there. Mr. Taormina: The sidewalk in front is private property, so I think that is something that will have to be monitored by the tenant. Maybe they have certain lease stipulations, which would not permit other patrons of other stores to occupy those tables. The outdoor sealing has been designed primarily for the patrons of Jimmy John's. I don't think it will be very convenient for persons from other stores to walk over there to dine. Leo's is not proposing any outdoor seating in connection with its restaurant. I think that would be problematic just given the size of that operation. Mr. LaPine: Okay. Thank you. Mr. Walsh: Is the petitioner here this evening? Good evening. February 5, 2008 24588 Cheryl Doelker, JCD III, L.L.C., 19369 Fairlane Court, Livonia, Michigan 48152. Good evening. Thank you for the opportunity and the very thorough review of our plan. We're just seeking waiver use so that we can construct our third Jimmy John's in the City of Livonia. The outdoor sealing is a plus if we can gel it and the patrons certainly do enjoy it in the summer as we've seen at our Plymouth Road location. Any questions you have, I'd be happy to answer. Ms. Smiley: Is there going to be any kind of a buffer between the parking lot and those people sitting up there, not that we have people jumping the curb all the time. Ms. Doelker: Our desire would be to locate those tables as close to the front of the building as we can, and certainly the as -built is going to determine whether we even do the tables at all. We certainly don't want any obstructions on the sidewalk either. Ms. Smiley: Okay. Great. Mr. La Pine: I have a question for Mr. Tiseo. Maybe he can answer the question I had about the trash bin. Is the trash bin for Retail C going to be large enough to handle all three stores? Ben Tiseo, Eight Mile Place, L.L.C., 19815 Farmington Road, Livonia, Michigan 48152. The short answer is yes. You can accommodate that simply by having multiple pickups. You can have trash picked up twice a day if you want to pay for it. It's not a question of volume of trash. It's a question of how often it's picked up. I did want to address the issue with the tables. The sidewalk from the building face to the edge is seven feet in depth. The barrier free design and ADA requirements are that you have a five fool wide area for wheelchair accessibility. That would give us enough room for a two fool wide table up against the building, which would be two lops in front of the building. So there would be adequate room to have that in front. And I believe there are some lease restrictions that the two tables are to be used by the patrons at Jimmy John's, not other users, but I guess if someone is walking down there and wants to sit down and have a cigarette or something, I don't think that Ms. Doelker would chase them away. That's up to her. Mr. Morrow: Mr. Tiseo, on the subject of the trash, I assume your tenants will not require any sort of a grease trap or anything like that? Mr. Tiseo: Leo's Coney Island will require a grease interceptor. That's different. That's an actual structure that's outside that's actually installed now and has a separate waste line carrying the grease February5, 2008 24567 from there. Grease traps are required in all city restaurants. As a matter of fact, I believe Jimmy John's has one now but I don't think they use it, but it is required by the Health Department. Mr. Morrow: So that's been addressed. Mr. Tiseo: That's been addressed. It's already installed and the lines are in. We've accommodated that. Mr. Morrow: Thank you. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, the public hearing is closed. A motion would be in order. On a motion by McDermott, seconded by Vartoogian, and unanimously adopted, it was #02-08-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 5, 2008, on Petition 2008-01-02-02 submitted by JCD III, L.L.C. requesting waiver use approval to operate a full service restaurant with outdoor seating (Jimmy John's Gourmet Sandwiches) at 33177 Eight Mile Road, located on the south side of Eight Mile Road between Farmington Road and Shadyside Road in the Northwest % of Section 3, which property is zoned O2, the Planning Commission does hereby recommend to the City Council that Petition 2008-01-02-02 be approved subject to the following conditions: 1. That the customer seating provided in connection with the subject use shall be in accordance with the Store Layout Plan submitted by Jimmy John's Gourmet Sandwiches, dated January 2, 2008; 2. That the maximum customer seating count shall not exceed a total of 56 seats, including 52 interior seats and 4 ouldoorseals; 3. That the outdoor sealing shall be situated in close proximity to the north (front) wall of the building in order to maximize the separation distance from the parking area, and for the purpose of insuring the provision of sufficient clear space for pedestrian and handicapped accessibility on the sidewalk; 4. That a trash receptacle shall be provided for the outdoor dining area and shall be emptied regularly as needed; February 5, 2008 24568 5. That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council; 6. That no LED lightband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows; 7. That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 8. That all conditions imposed by Council Resolution #321- 07, which granted site plan approval for the Eight Mile Place Development under Petition 2007-04-08-08, shall remain in effect to the extent that they are not in conflict with this approval. Subjecllo the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2. That the subject site 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. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. February 5, 2008 24569 ITEM#3 PETlTION2008-01-02-03 LEO'S CONEY ISLAND Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 01-02-03 submitted by Leo's Coney Island requesting waiver use approval to operate a full service restaurant at 33161 Eight Mile Road, located on the south side of Eight Mile Road between Farmington Road and Shadyside Road in the Northwest''/. of Section 3. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated January 29, 2008, which reads as follows: 1n accordance with your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal at this time. The legal description submitted is correct and no additional right -0f -way is required. The address according to our records is 37165 Eight Mile Road." The letter is signed by Kevin G. Roney, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 11, 2008, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a full service restaurant on property located on the south side of Eight Mile Road between Farmington Road and Shadyside Road in the Northwest X of Section 3. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated January 15, 2008, which reads as follows: 'We have reviewed the plans in connection with Leo's Coney Island located at Eight Mile and Shadyside (southwest comer). We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated January 22, 2008, which reads as follows: "Pursuant to your request of January 9, 2008, the above - referenced petition has been reviewed. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the Planning Department before we go to the petitioner? Seeing none, we will go to the petitioner. February 5, 2008 24570 Leo Stassinopoulos, Leo's Coney Island, 154 S. Old Woodward, Birmingham, Michigan 48009. I'm the Director of Franchising for Leo's Coney Island. If you have any questions, I'll lake them for this project. Mr. Walsh: Are there any questions for the petitioner? Mr. LaPine: What percentage of Leo's Coney Island would be carryout? Do you gel a lot of carryout service? Mr. Stassinopoulos: It depends on the location. I don't anticipate this location getting as much carryout service as others due to a limited number of commercial properties in the area. It is generally residential, and we'll get dine -in customers during lunch and dinner hours Mr. LaPine: So pu're telling me most of your services will be inside the restaurant. Mr. Stassinopoulos: Yes, they mostly will. Obviously, our customers are in and out generally between 20 and 60 minutes. So it's a quick dining service. Mr. LaPine: Very good. Thank you. Mr. Wilshaw: What are your hours of operation? Mr. Stassinopoulos: The hours of operation are 7:00 a.m. to 10:00 p.m. and we close at 9:00 p.m. on Sundays. Mr. Wilshaw: Very good. Thank you. Mr. Walsh: Are there any additional questions for the petitioner? Thank you, sir, we appreciate you coming tonight. Mr. Stassinopoulos: Thank you. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, a motion would be in order. On a motion by Smiley, seconded by LaPine, and unanimously adopted, ilwas #02-09-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 5, 2008, on Petition 2008-01-02-03 submitted by Leo's Coney Island requesting waiver use approval to operate a full service restaurant at 33161 Eight Mile Road, located on the south side February 5, 2008 24571 of Eight Mile Road between Farmington Road and Shadyside Road in the Northwest''/. of Section 3, which properly is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2008-01-02-03 be approved subject to the following conditions: 1. That the Floor Plan/North Elevation Plan marked Sheet 1 prepared by Anlonino Scavo & Associates, Inc., dated January 4, 2008, is hereby approved and shall be adhered to; 2. That the maximum customer seating count shall not exceed 130 seats; 3. That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council; 4. That no LED lighlband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows; 5. That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for, and 6. That all conditions imposed by Council Resolution #321- 07, which granted site plan approval for the Eight Mile Place Development under Petition 2007-04-08-08, shall remain in effect to the extent that they are not in conflict with this approval. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. February 5, 2008 24572 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. Walsh, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#4 PETITION 2008-01-08-01 MARYCRESTMANOR Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 01-08-01 submitted by Marycresl Manor requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with an expansion of an elderly housing facility that would include the construction of a new three-story independent living complex and a new one-story assisted living facility on properties at 15475 and 15495 Middlebelt Road, located on the west side of Middlebelt Road between Five Mile Road and Wentworth Avenue in the Southeast''/. of Section 14. Mr. Taormina: This site is located in Section 14, which is the square mile that is bounded by Five Mile Road to the south, Middlebelt Road to the east, Six Mile Road to the north, and Merriman Road to the west. This property is located on the west side Middlebelt Road approximately 600 feel north of Five Mile. It consists of two parcels with a combined land area of 9.1 acres. The southerly parcel, which is 5.7 acres in size, includes 411 feet of frontage on Middlebelt Road, and has an east to west dimension of approximately 600 feel. The northerly parcel, which is 3.4 acres, has 250 feel of road frontage and an equal depth of 600 feel. Currently on the southerly parcel is Marycresl Manor. This is a two-story 55 -bed nursing facility that was established in 1962 by the Franciscan Sisters of Sl. Joseph. The northerly parcel, which is also owned by Marycresl Manor, contains a single family structure. Both of these properties are currently zoned R-7, Multiple Family Residential, but are in the process of being rezoned to the R-9-1 Housing for the Elderly classification. The properties to the south are zoned C-2 and contain a mix of mmmeroial uses, including a two-story office building known as Cambridge Office Group, a McDonalds restaurant, Coop Credit Union, Thrifty Florist, and CVS pharmacy. The property lying immediately to the west is an R U -F zoning district that contains a number of single family homes on acreage parcels with frontage along Hidden Lane. To the north is another assisted living facility, which is known as Manoogian Manor which is split -zoned OS, Office Services, as February 5, 2008 24573 well as R-9-1, Housing for the Elderly. To the east lying across Middlebell Road are a number of commercial businesses including Slate Farm Insurance Agency, Little Caesars take-out restaurant, Mid -Five Auto Supply, and a 7 -Eleven party store. Marycresl Manor, which is in the process of rezoning both parcels to R-9-1, Housing for the Elderly, is seeking to expand its facilities in order to develop a senior housing campus that would offer a continuum of care for its residents. In addition to maintaining and upgrading the existing nursing center, the planned expansion includes the construction of a new three- story independent Irving complex, as well as a new one-story assisted living facility. The site plan shows a three-story building on the north side of the property that would contain 60 independent living apartments. The assisted living facility would contain 18 -units within a one-story building on the west side of the site that would be oriented perpendicular to the independent living building. There are two other additions that are proposed in connection with the existing nursing home facility. The first one is a smaller addition, which is 2,300 square feel that is out in front of the existing building that would provide a new lobby, sunroom, conference room, and business office. The larger of the two additions is on the west side of the existing facility and would be about 5,320 square feel. That would be used as a kitchen as well as a dining and patio facility for both the nursing home as well as the assisted living facility. All buildings on the campus would be interconnected. With respect to parking, there would be additional facilities located in front of the nursing home and in the area created between the three main buildings. Additional underground parking would be provided for residents of the independent living apartments. There are a total of 176 spaces that are required to accommodate all the uses on this site. Proposed are a total of 180 spaces, so it is in compliance with the parking standards of the ordinance, and all the surface parking spaces would be 10 feel by 20 feel as shown on the proposed plan. Also, there would be two proposed driveways that would replace the single existing drive to provide ingress/egress to the site from Middlebell Road. These driveways have been located and aligned with the streets across Middlebelt in order to reduce potential turning movement conflicts. The southerly drive provides access in front of the existing nursing home and then the northerly driveway provides access to the main parking area, which is in front of the independent living apartments, as well as the assisted living facility. Storm water management would be provided mostly by means of a combination of surface detention basins, as well as pretreatment forebays and vegetated swales. The larger areas that are shown in both the northeast and southeast corners of the property would be the primary detention ponds proposed for February 5, 2008 24574 the site. Within the property located on the northeast corner and the larger of the two, which would handle most of the stormwater for the southerly parcel, would be located in the southeast corner of the overall site. In terms of building height, the nursing home would be two stories, the assisted living facility would be a one-story building, and the proposed independent living apartments would contain three stories. The overall height of the independent living building would be 51'-6". Altogether, there would be 129 units provided between all three facilities on the campus. This would total approximately 196 beds. The density, as required under the R-9-1 district regulations, would require a minimum land area of 355,400 square feel. The combined land area provides for 396,831 square feet. Thus, the size of the property is sufficient for the total number of units being proposed. As far as setbacks, the ordinance requires 75 feet in the front, that would be on the east side, 75 feel in the rear or west side of the property, and 50 feet in the sides. That would apply to both the north and south sides. The proposed setback is 98'-5" along the front at the closest point, 81'-11" at the rear, and 51'-3" at the side. These are all at closest points and applied to the independent living building. So the proposed building layout is in full conformance with respect to all required setbacks under the ordinance. The petitioner has submitted a fully detailed landscape plan, which shows the location, species and size of all proposed plant materials. With respect to existing vegetation, the intent is to retain as many of the healthy mature trees as possible, particularly along the west side of the property where this development abuts single family property. Another unique aspect to this site is the provision of a pedestrian path that would encircle the entire campus along the south, west and the north. This pedestrian access would actually double as an emergency route. There would be concrete pavers and grass pavers installed on either side of that path that would allow for emergency vehicle access if necessary. Lastly, with respect to the architecture of the building, the architect has submitted a number of renderings. This particular rendering shows the front of the nursing home addition. This is the porte-cochere or the covered canopy that would be directly in front of the main entrance lobby to the nursing home. The materials are standing seam metal for the sloping roof components and most of the exterior facade would be finished in full face four inch trick. You can see some banding that would be done in concrete block material. This is a rendered elevation of the kitchen and dining addition, which would be at the back of the campus, the area between the nursing home and the proposed assisted living facility. Again, you can see the same materials being used in the design, some large open or glazing here to provide February 5, 2008 24575 light within the kitchen and dining facility. This is a view of the assisted living facility from the front elevation. The roof components here are finished with asphalt shingle. However, you will see some of the areas are highlighted with standing seam metal to tie that all altogether. They are using the same building materials, a combination of brick and block. This would be the entrance to the assisted living facility. Lastly, this is the front view of the independent living building. This is the three- story building using, again, mostly the same materials as they apply to the lower elevation of the building. The light colored band along the base of the structure would be a masonry block material. Directly above that would be a bdd< material, and then a cement fiberboard siding would be applied to the sides of the upper two stories of the building. This would be an asphalt shingled roof but, again, you can see the standing seam metal consistent with the other parts of the campus to tie that all together. With that, Mr. Chairman, I'll answer any questions you may have. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are three items of correspondence. The first item is from the Engineering Division, dated January 29, 2008, which reads as follows: 7n accordance with your request, the Engineering Division has reviewed the above -referenced pefifion. We have no objection to the proposal at this fime. The legal descripfion submitted is correct and no additional right -0f -way is required. The address according to our records is 15475 Middlebelt Road." The letter is signed by Kevin G. Roney, P.E., City Engineer. The second letter is from the Division of Police, dated January 15, 2008, which reads as follows: We have reviewed the plans in connection with Marycrest Manor Expansion, located at 15475 Middlebelt We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studl, Sergeant, Traffic Bureau. The third letter is from the Inspection Department, dated January 31, 2008, which reads as follows: "Pursuant to your request of December 27, 2007, the above -referenced petition has been reviewed. The following is noted. (1) This review was completed based on the property being rezoned to R-9-1 from R-7. (2) It is not clear if the cement fiber siding is permanently colored. If not, this is a maintenance issues and does not fall within the intent of the code, and should be clarified to the satisfaction of the Commission and/or Council. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Director of Inspection. That is the extent of the correspondence. February 5, 2008 24576 Mr. Walsh: Are there any questions for the Planning Department? Seeing none, we will go out to the petitioner. I know we have several people here. Ron Spear, RWS Development, L.L.C., 7949 Golden Bay Trail, Waterford, Wisconsin 53185. 1 act as the project manager on behalf of Marycrest Manor. Wisconsin is receiving about 20 inches of snow right now, so I guess I got out of Dodge in time. I also didn't have dinner tonight, and I'm listening to Jimmy John's and coney island dogs and I'm hungry. But, again, I appreciate very much the time that you folks lake in reviewing these plans. We worked hard using highly skilled, well-established fines in the area to put these plans together. We worked with Nowak & Fraus, Edmund London & Associates and we worked with a number of other fines. We really wanted to place on your doorstep and within your community a quality environment for some folks that are considering moving out of their homes due to the fact that maybe they can't handle the upkeep anymore but still can stay within the neighborhood of the Livonia area. We hope this will be not just something to assist the ministry of the Franciscan Sisters of Sl. Joseph but also serve the community as well. So we worked hard to put this plan together. We've addressed some issues that you may have some questions on. My background experience is managing and developing these types of properties. We think we've got a pretty good plan here. So I'll just entertain any questions you might have. Mr. Walsh: Are there any questions? Ms. Smiley: I really like the underground parking for the independent living. That's very nice. What kind of security measures do you take for that independent living or for the entire project for that matter? Mr. Spear: Everything is going to be a locked lobby situation. Currently, the nursing home does have a secured entrance. The entrance doors to the independent residence will require access to be a kiosk. They'll push the resident's button. That will ring a phone in the resident's unit. If it's somebody they recognize, they can push #9 on the phone and that would open the door. They also have a television screen. They can look at a cable TV channel to see who's actually in the lobby. So we have built-in security for the entrances, and the assisted living, no doubt, will have a person on staff that will be monitoring the ingress and egress of folks from that side. Ms. Smiley: How about the underground parking? February 5, 2008 24577 Mr. Spear: Underground parking opens obviously by a remote control device to get you in and out. The sensitivity for anybody that would be trying to be mean spirited to try to enter, we're going to have an area that's very well lit, number one. It's going to be closer to Middlebelt Road. We will have a security camera. We probably won't install them, but we will wire for them in case that need becomes essential. Ms. Smile: Anybody could go into the underground parking? Mr. Spear: If they're slipping in behind a car or in front of a car or something to that, there's about a 15 second delay back and forth between the garage door opening and closing. Ms. Smiley: Okay. Thank you. Mr. Morrow: Mark, could you go back to the original site plan, please? The out building that we have there, where I think you said would be kitchen facilities? Mr. Spear: Yes. Mr. Morrow: Does that tie in at all oris that a stand-alone building? Mr. Spear: There is a weather corridor that folks would be going from and lo- the assisted living or nursing home ... Mr. Morrow. So it will be covered. You don't have to go outside to ... Mr. Spear: That's correct. Yes. Mr. Morrow: Okay. I couldn t tell. Mr. Spear: It is a little vague there, but the mauve color piece is the kitchen area, and then out towards the ... which would be the south and the west would be the dining room. But it's a weather entry. Mr. Morrow: Okay. It was mentioned at the study session that perhaps you were looking at some sort of a phased in approach to this plan. Is that accurate? Mr. Spear: As you can see, there's a lot going on on this parcel. A couple of things in play. The trauma that we'd be putting on the existing operation might lend itself to probably phasing the project. In other words, starting the independent first and then working our way through. There are some financial implications as well because we do believe we have a good economy for February 5, 2008 24578 doing some HUD financing for some of the nursing home rehabilitation. So phasing is something that we just recently, well, the last three or four months we've been working with our architect to make sure any plans that we do move forward that phasing would work out. We believe it will probably end up that way because of all of the activity we're putting on this site. We don't want to stress out our current residents as well as their families with various issues when they're coming to see their loved ones. So there's a good chance we will probably phase through the project. Mr. Morrow: So the independent living will go forward immediately? Mr. Spear: That would be the first thing. And the continuum of care of programs as they develop, that's kind of a natural transition because folks knowing that they're going to have the assisted living component in the future is obviously a big reason as to why they want to move to a properly like this. Mr. Morrow: That would answer the quesfion. Thank you. Mr. La Pine: The independent Irving, are they all one bedroom units, or two bedroom units? Mr. Spear: We only programmed two one -bedroom units. The balance are two bedroom with either a bath and a half or two full baths. Mr. La Pine: How old do you have to be to live in the independent living? Mr. Spear: It will be a 55 and older project. Mr. La Pine: So basically, there will be people living there, a man and wife, who are still working, possibly? Mr. Spear: There's a possibility. I would be very surprised if any younger. Seventyeight years old is the average age of folks in there but that might range from 58 to 92 is the demographic we're looking at. Mr. La Pine: What I'm getting at, when I look at the parking facilities, you're allowing one parking space per unit. But say there are 20 couples still working, which require two cars, to me you're going to need more parking that what you're showing. There are people driving cars that are 80 - 90 years old. You know how that is. But I'm just wondering if that's puffing a strain on the parking when you have that many units and you don't really know who's going to lease them and how many cars the people in those units are going to need. February 5, 2008 24579 Mr. Spear: I go back to my expenence. I oversee about three properties like this. We will have some residents that won't be driving at all. They'll use transportation vehicles to go to local shopping areas. One properly I'm thinking of right off the bat is 81 units. I think we have two residents that have more than one car. They park a couple cars outside, but at the same time, some of those parking stalls that aren't used by the residents, we allow those other residents who have two cars to use them. I guess the long and short of it, we studied it and worked hard to make sure we have the correct counts. On 60 units, I feel very comfortable that we have adequate parking. For the on-site situation, of course, we have to parlay that into situations where we have various activities going on-site as well. I feel very comfortable that we're going to be in good shape. I would tend to think out of 60 units, we'll probably have only three or four of those that will be active in a working situation. Our target is folks that have retired, and again, their homes are becoming more of a burden to maintain. They want to stay in the area, and I would be very surprised if we had more than three or four folks that would be working. Mr. LaPine: Statistics are showing because of the high cost of Irving and everything going up, people are not retiring at the early age like we used to. Now people are working into their 70's. I have a sister-in-law that's 80 years old add still working. There's a lot of older people still working. This is an ideal situation for them. I'm only worded about the parking. You gave me your synopsis of what you think it's going to be. You think it's going to be all right. I kind of worry about that. But the other question, the people living in the independent living, do they get to use the restaurant or do they pay extra for it. How does that operate? Mr. Spear: All of the units in the independent side will have full kitchens, which means dishwasher, refrigerator, stove, microwave. So for the most part, they will be cooking their own meals. But a la carte, they will be able to come into the dining room and purchase maybe one or two meals if they care to or all three. That will be open to them. It probably will be on a shift basis where the independent folks and assisted living folks will dine at a certain time, and the nursing home at a different time. Mr. LaPine: Okay. Very good. Thank you, Mr. Chairman. Mr. Wilshaw: Since we are talking about parking, I did have a couple questions relative to that. The underground parking is strictly going to be for the independent living residents, right? February 5, 2008 24580 Mr. Spear: That is correct. Mr. Wilshaw: Where are the people that are in the assisted living portion of the facility going to park? Obviously, they are going to park in the lot, but I don't see a lot of parking near that portion of the building. Mr. Spear: Perhaps Mr. Buller can help me with this. Jim Butler is the Administrator at Marycresl Manor. My knee jerk reaction to that question would be, the typical assisted living resident I don't believe will be driving. Maybe Jim, you can help me with that. James Butler, Marycrest Manor, 15475 Middlebelt Road, Livonia, Michigan 48154. As Ron just alluded to, I'm the Administrator at Marycresl Manor. I've been working in this industry for over 20 years. To answer your question, typically an assisted living resident would not be driving. It's really rare. So we didn't anticipate very many or any at all of the assisted residents to be still driving a car. Mr. Wilshaw: Sure. And obviously that's the same with the nursing facility. So the bulk of the parking lot then is basically reserved for the independent living and employees and visitors. Mr. Butler: Yes, sir. That is correct. Mr. Wilshaw: Okay. I'm glad to hear that you have a gated underground parlang facility. That was one question I had. The other questions that I have are relative to the building materials. The first question is the existing nursing home area that is going to remain. Is the character of that area going to be consistent with this new development? Will it blend in? Will it look like it was all constructed at one time, that type of thing? Mr. Butler: Absolutely. That's really the whole concept is to create this continuum of care and to have all the service flow into this entire campus. Mr. Spear: What Mr. Taormina put up there is the front entrance. We're going to match the brick as dose as we possibly can to the existing building. And you can kind of see how that does kind of marry to the front entrance and thafs what we're trying to capture with that as well. Mr. Wilshaw: Okay. That's good. I saw that you were going to have this new entrance on the nursing home, but I wanted to make sure that the rest of the nursing home was also going to fit in when you're in the parking lot and you see the entire project. February 5, 2008 24581 Mr. Spear: The long term goal here is to hopefully, again, this properly has been in existence since 1962. One of the things that we hoped that this property will allow the ministry to do is to gel involved and do some rehabilitation, face lift. We're not saying that on this plan, but the hope is we can evolve to that so that it can very nicely come off. Mr. Wilshaw: That's good. The other question is about the independent living. The second and third floors of that facility are not going to be brick. They are going to be a concrete siding board -type material. Can you explain that material to me? If you have material samples or anything to show me, that would be great. I just want to understand. Is that going to be painted or stained? Mr. Spear: Terry Clark from Edmund London & Associates is here tonight and has some samples for you. But I think maintenance is a concern of ours as well. We want to limit that as best we can. I think what he's going to show you is embedded color. Mr. Wilshaw: Thank you. Terry Clark, Edmund London & Associates, Inc., 20750 Civic Center Drive, Suite 610, Southfield, Michigan 48076. Regarding the independent living building, yes, the second and third floors are going to be fiber cement siding, so we're going maintenance free. The intent right now is to get the color from the manufacturer as part of tie material. So it's going to be part of the material so it's going to have a life span with that material. There may be some painting touchups that may have to go along, but it's not something that will have to be painted every five years. I do have some samples if you'd like to see them. Mr. Wilshaw: That would be nice. Mr. Walsh: Just bring it to Ms. Varloogian, and she will pass it along Mr. Spear: I overheard something with respect to the dumpsters and those kinds of things. One thing that I want to point out to you is that in the independent section on each floor, there are two trash rooms on each floor. Those will dump into rooms down in the garage area. What we will do is circulate via probably an ATV with a little cart mechanism out to the dumpster area and make those dumps. Of course, frequency will be more or less four to five days a week making sure that's adequate. It's not just the space we have programmed for the outside. We have storage capacity within the independent as well, and there will be of course recyding as well. February 5, 2008 24582 Mr. Wilshaw: I'm glad you addressed that issue because that was something that concerned me. You have 129 units here, so you're going to have a lot of people making a fair amount of trash. It's good to hear that is taken are of. Mr. La Pine: Getting back to the parking. Mr. Wilshaw alluded to the fad that most of the parking will be used by the people living in the units where they can come and go as they want. I guess my question is, from your experience, the people who will be in the assisted living and the nursing home, how many visitors on a normal weekend would be visiting that location, and will there be enough parking to accommodate them, plus the people in the independent living who will be home on the weekend in most cases? How does that enter into the equation for the parking? Mr. Spear: Again, I can't speak for nursing and assisted. Maybe Jim can give me some thoughts there on his experience. Mr. Buller I may also ask for some assistance from Terry from an architectural point of view, but I can tell you from an operational point of view, yes, we do anticipate a fair amount of visitors, especially on the weekends. Currently, there are limes of the day during the week, as well as the weekend, that we can f11 up what we currently have. And in looking at that, because of the number of employees, visitors, and vendors even, physicians, therapists and various others that need a place to park, we worked really close with the architect in making sure fiat we had more than enough spaces. In fad, we've gone back and forth a lot with, do we really need this many parking spaces? And I've insisted since the beginning of this concept that, yes, we do. So we have looked at that really close and put more than what would be required for panting because I do realize that we would need it for this type of operation. Mr. La Pine: Okay. Thank you. Mr. Morrow: As far as your independent living, where do your tenants come from? Do they come through your organization or do you lake people through a rental office? Mr. Spear: Well, our marketing will occur in an office that we will be renting across the street just to do our marketing. Once obviously the building is up, that would ad as a marketing area as well, but I guess I want to make sure I understand your question. This is an equal housing opportunity. It will be marketed throughout the area. Obviously, the Franciscan Sisters have some affiliation with the Catholic churches and I think a lot of word will gel out February 5, 2008 24583 through the Catholic churches and that might be a primary marketing area for us, but it is open to all faiths. Mr. Morrow: It is open to the public? Mr. Spear: Yes. It's a faith -based operation, however. There is ministry going on here. In fact, Marycresl does have a chapel and masses every morning at that facility. We do have folks from the community that attend that as well. Mr. Morrow: Okay. Thank you. Mr. La Pine: Just two more questions. Are you telling me that any denomination can come in here? Mr. Spear: Yes. Mr. La Pine: Do you give priority to Catholics? Mr. Spear: Not at all. No, there is nothing. There is no discount. Mr. La Pine: Okay. That's fine. The other question I have, and we had a long discussion with this when you came before. Does the City of Livonia gel any property tax or any taxes out of this facility? Mr. Spar: This is a tax-exempt property. Mr. La Pine: That's what I figured. Okay. Thank you. Mr. Wilshaw: I just want to make the comment that looking at this material, it appears it has a 50 year product warranty, 15 year paint warranty, and a two year warranty on material and labor. So it appears that the paint is at lead guaranteed for a period of 15 years to be consistent in color. Mr. Walsh: Are there any addifional questions or comments? Thank you, gentlemen. Mr. Spear: Thank you very much for the opportunity tonight. We appreciate R. Mr. Walsh: I don't believe we have anybody in the audience. Al this point then, a motion would be in order. On a motion by McDermott, seconded by Smiley, and unanimously adopted, it was February 5, 2008 24584 #02-10-2008 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2008-01-08-01 submitted by Marycrest Manor requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with an expansion of an elderly housing facility that would include the construction of a new three-story independent living complex and a new one-story assisted living facility on properties at 15475 and 15495 Middlebell Road, located on the west side of Middlebell Road between Five Mile Road and Wentworth Avenue in the Southeast % of Section 14, be approved subject to the following conditions: 1. That the Site Plan marked Sheet AS1.1 prepared by Edmund London & Associates, Inc., dated December 21, 2007, is hereby approved and shall be adhered to; 2. That the Tree Preservation Plan and Landscape Plan marked Sheets Ll and L2 prepared by Nowak & Freus, each dated December 20, 2007, are hereby approved and shall be adhered to; 3. All disturbed lawn areas shall be replaced with sod in lieu of using hydro -seed; 4. That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 5. That the Enlarged Composite Exterior Elevations Plans marked Sheets A3.1 and A3.2 prepared by Edmund London & Associates, Inc., each dated December 21, 2007, are hereby approved and shall be adhered to; 6. That the brick used in the construction shall be full face 4 inch brick, no exceptions; 7. That all light fixtures shall not exceed 20 feel in height and shall be shielded to minimize glare trespassing on adjacent properties and roadway; 8. Thatall parking spaces shall be double striped; 9. That the site's dumpster enclosure shall be of masonry construction to match the building brick and shall have metal gates which, when not in use, hall be closed at all times; February 5, 2008 24585 10. That only conforming signs are approved with this petition; and 11. 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. Mr. Walsh: Is there any discussion? Mr. LaPine: I have one more question. When you talk about this property being lax exempt, is the trash picked up by a private concern of yours or is it picked up by the City of Livonia? Mr. Spear: We have a contractor. The other gentleman that is here is Chuck Kalowski who is the Chairman of the Board of Marycrest Manor. Mr. Walsh: Is there any further discussion? Ms. McDermott: I'd just like to make a comment that I'm really impressed with the campus layout and what you've shown us here tonight. I've had the occasion to visit several convalescent and assisted living facilities with my certified therapy dog, and I'm looking forward to seeing the completion of this project and look forward to having it expanded in our community. Mr. Spear: I'm sure Jim will be in touch with you. Thank you. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#5 APPROVALOF MINUTES 956TM Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 956"' Regular Meeting held by the Planning Commission on January 22, 2008. On a motion by Wilshaw, seconded by LaPine, and adopted, it was #02-11-2008 RESOLVED, that the Minutes of 956" Regular Meeting held by the Planning Commission on January 22, 2008, are hereby approved. February 5. 2006 24566 A roll call vole on the foregoing resolution resulted in the following: AYES: Wilshaw, LaPine, McDermott, Morrow, Vartoogian, Smiley NAYS: None ABSENT: None ABSTAIN: Walsh Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 957" Public Hearings and Regular Meeting held on February 5, 2008, was adjourned at 8:15 p.m. ATTEST: John Walsh, Chairman CIN PLANNING COMMISSION Carol A. Smiley, Secretary