Loading...
HomeMy WebLinkAboutPLANNING MINUTES 2019-11-19MINUTES OF THE 1,1515t PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, November 19, 2019, the City Planning Commission of the City of Livonia held its 1,151St Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan, Mr. Ian Wilshaw, Chairman, called the meeting to order at 7:00 p.m. Members present: David Bongero Sam Caramagno Glen Long Betsy McCue Carol Smiley Peter Ventura Ian Wilshaw Members absent: None Mr, Mark Taormina, Planning Director, and Stephanie Reece, Program Supervisor, were also present. Chairman Wilshaw 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 2019-10-02-15 Tiseo (Citizens Bank ATM) Mr. Caramagno, Secretary, announced the first item on the agenda, Petition 2019- 10-02-15 submitted by Tiseo Architects, Inc., on behalf of Citizens Bank, requesting waiver use approval pursuant to Section 10.03(I) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a freestanding drive -up ATM kiosk within the parking lot of the shopping center at 19043-19053 Middlebelt Road, located on the west side of Middlebelt Road November 20, 2019 29436 between Clarita Avenue and Seven Mile Road in the Northeast '/ of Section 11 Mr. Taormina: This is a request to construct and operate a freestanding drive - up ATM kiosk within the parking lot of the Mid -Seven shopping plaza located on the west side of Middlebelt Road just south of Seven Mile Road. This property, altogether, is about 5.36 acres. The shopping center itself contains roughly 56,700 square feet of retail floor space. Customer parking, as you can see from this aerial photograph, is mostly located between the storefronts and Middlebelt Road. The main tenants in the plaza include Pet Supplies Plus, which is located at the north end, and Planet Fitness, which is located near the center. This particular drive -up ATM kiosk would be located at the south end of the property. Going back to the zoning map, Mid -Seven plaza is currently divided into three different zoning classifications: C-1 (Local Business), C-2 (General Business), and P (Parking). An application is pending that would change the zoning of the southerly 65 feet of the parking lot, which is zoned Parking to C- 1 in anticipation of constructing this freestanding drive -up ATM. City Council gave First reading on the rezoning on October 2, 2019 and Second Reading and Roll Call are on hold pending a review of the site plan. Pursuant to Section 10.03(l) of the ordinance, drive -up windows require waiver -use approval. Citizens Bank would lease the premises where the ATM kiosk is proposed, thus it would not be located on a separate parcel nor would it have separate access to either Middlebelt or Seven Mile Road. Instead, access to the kiosk would be provided by means of the existing drive aisles and approaches within the shopping center. The ATM kiosk would occupy an area that measures roughly 20 feet by 90 feet, next to an existing parking lot drive aisle that runs east and west from Middlebelt Road to the back of the shopping complex. The area needed for the kiosk would displace 9 parking spaces. Mid -Seven requires no fewer than 302 parking spaces to meet the ordinance. Even with the loss of the nine parking spaces, they would comply with the minimum parking requirement with the 307 parking spaces that would remain available. The required setback for any structures within the C-1 district is 75 feet and, in this case„ the kiosk itself, which is considered a structure, would be setback roughly 175 feet from Middlebelt Road. The kiosk would be located on a curbed island that measures approximately thirty feet in length by eight feet in width. The overall dimensions of the kiosk, including the canopy, would be twelve feet in height by nine feet in width and eight feet in depth. The canopy would partially overhang the driver side of the drive -up lane. Customers would enter the one-way drive -up lane from the west and then exit to the east towards Middlebelt. November 20, 2019 29437 The kiosk includes lights, as well as a clearance bar to protect the canopy. Drive -up services are required to have enough stacking space equal to no fewer than four car lengths in addition to the space at the drive -up window. The plan shows protected stacking for three vehicles, including the one at the kiosk. Service lanes for the drive -up windows are required to be at least 12 feet in width. The proposed drive -up lane in this case would be 12 feet wide. Thus, it would comply. There is no by-pass lane required in this case. As you can see from the profile illustrations, the four sides of the canopy would contain sign panels that identify Citizens Bank. No dimensions are provided, however, only one sign is allowed. Thus, the signage will require a variance from the Zoning Board of Appeals. Lastly, the ordinance as it pertains to this type of use requires that drive -up facilities not be used for any purposes except in connection with a principal business use of the site. In this case, the principal use of the site is not banking, but instead general retail, thus to deviate from this stipulation will require City Council approval by means of a 213 majority vote. With that, Mr. Chairman, 1 can read out the departmental correspondence. Mr. Wilshaw: Yes, please. Mr. Taormina: The first letter is from the Finance Department, dated October 22, 2019, which reads as follows: "1 have reviewed the addresses connected with the above noted petition. As there are no outstanding amounts receivable, general or water and sewer, I have no objections to the proposal." The letter is signed by Connie Kumpula, Chief Accountant. The next letter is from the Treasurer's Department, dated October 31, 2019, which reads as follows: "In accordance with your request, the Treasurer's Office has reviewed the name and address connected with the above noted petition. At this time, there are no outstanding amounts receivable for taxes. Therefore, 1 have no objections to the proposal."The letter is signed by Lynda Scheel, Treasurer. That is the extent of the correspondence. Mr. Wilshaw: Are there any questions of the Planning Director? Mr. Long: Mr. Taormina, I noticed a couple things. One, I noticed that in looking at the resolution I think there is some typos in it. This is for the Mid -Seven shopping center, correct? What we are considering tonight. Mr. Taormina: That is correct. I noticed that right on top it does say Merri-Five. November 20, 2019 29438 Mr. Long: On both of the approving and denying resolutions. This commission, and 1 am not sure of the timing and whether I was a member at that time, but, was a similar kiosk considered by this commission at Merri-Five or at a different... Mr. Taormina: So, information regarding a previous petition, similar to this one, was provided in the staff report. It was in 2016. Bank of America requested to construct a similar type of structure at the Merri-Five plaza located at Merriman and Five Mlle Road. That petition was denied, and I think we provided the reasons. Mr. Long: They did not appeal that ruling to the City Council which would have been their right? Mr. Taormina: That is correct. Mr. Long: Thank you for clarifying that. Mr. Taormina: Mr. Chairman, there were a couple more items of correspondence. Mr. Wilshaw: Yes, thank you. Mr. Taormina: The first item is from the Engineering Division, dated October 23, 2019, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced petition. We have no objections to the proposed project at this time. The existing parcel is assigned a range of addresses from #19043 to #19053 Middlebelt Road and from #29475 to #29493 Seven Mile Road, with the address of #19043 Middlebelt Road being assigned to the overall parcel. The existing parcel is currently serviced by public water main, sanitary sewer and storm sewer. The information submitted does not show proposed alterations for the utility services, so it does not appear that there will be any impacts to the existing systems. It should be noted that should the developer need to do any work within the Middlebelt Road right-of-way, permits will need to be obtained from the Wayne County Department of Public Services." The letter is signed by David W. Lear, P.E., Assistant City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated October 23, 2019, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct and operate a free standing drive -up ATM kiosk within the parking lot of the shopping center on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Greg Thomas, Fire Marshal. The next letter is from the Division of Police, dated October 24, November 20, 2019 29439 2019, which reads as follows: "1 have reviewed the plans in connection with the petitions. 1 have no objections to the proposals." The letter is signed by Brian Leigh, Sergeant, Traffic Bureau. The next letter is from the inspection Department, dated November 15, 2019, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. This Department has no objections to this petition." The letter is signed by Jerome Hanna, Director of Inspection. Mr. Wilshaw: Are there any additional questions for our planning staff? Seeing none, our petitioner is here? We will need your name and address for the record please. Ben Tiseo, 19815 Farmington Road, Livonia, MI, and as before, we are here seeking approval for the drive -up ATM. This is a result of the branch bank that has now closed that is on Middlebelt north of Seven Mile Road. About a % mile. They want to maintain and capture those same customers. We are also seeking a variance for one parking spot as discussed at the study session that the bank did a study of their drive -up ATM and found that they have never had four in the queue and rarely do they have three. That is a matter on monitoring the transaction time so they know when the cars come. The only other thing to add is that I submitted a letter to the Planning Commission that if this gets approved, for a seven-day variance for the waiver. Mr. Wilshaw: We did receive it. Thank you. Are there any questions for our petitioner? Ms. Smiley: Good evening, mine are about security on the site. I assume there are cameras on the kiosk. Mr. Tiseo: That is correct. Ms. Smiley: Are their monitored in real time or are they just recording? Mr. Tiseo: 1 will ask Mr. Paul Gagel. He is the project manager for Citizens. He will address that. Paul Gagel, Citizens Bank, 27777 Franklin Road, Southfield, MI, with regards to the cameras we actually have a camera inside the ATM. There are no cameras outside of the ATM, so anything that... anyone who is using the ATM is captured. Ms. Smiley: Is that in real time? Are you recording those and then checking them later or is somebody doing that... November 20, 2019 29440 Mr. Gagel: Our system is monitored electronically. As soon as you put your card in, the image is captured and sent to our monitoring center in Novi. Ms. Smiley: Thank you. What kind of lighting do you have there? Mr. Gagel: This kiosk has down lighting as well as the illuminated sign, but it also has down lighting to provide security which is...I don't know the exact lumens, but it is pretty bright. It lights up the area very well here for the customers plus we have additional site lighting that is already existing in the parking lot. Ms. Smiley: Thank you. Mr. Wilshaw: Any other questions for our petitioner? Mr. Ventura: Just a clarification sir. So, to be clear, the camera is only recording the person using the ATM? What about the surveillance around the ATM? Mr. Gagel: It is a direct shot, so anything that comes in front of the ATM... it records continuously, much like you see on TV. When you see something on the news, something captured by a camera it is. The thing is, the bank monitors the transactions of the ATM. Now in a police situation, if video was needed or something, we certainly would work with the police to help if our cameras would capture anything. It is not an overall... it is restricted to a certain area. I would actually have to get a little more detail on that to make a clearer definition of that. Mr. Ventura: Okay, and I don't want to get into the weeds with you on that either since you are not prepared to discuss it. My other question would be, if there is someone in distress at the ATM...someone off camera pointing a gun at them, is there a panic button or any kind of emergency signal that could be ... that is activated? To notify someone in real time? Mr. Gagel: I will have to check that out. I don't know to be honest with you. Mr. Wilshaw: Any other questions for our petitioner? Mr. Caramagno: You mentioned that there is a lease on this piece of land for this kiosk and the driveway there. How many year lease is this? Mr. Gagel-- We are starting off with a 5-year lease with renewable options. November 20, 2019 29441 Mr. Caramagno: Seems to be a way of the future, but 1 don't know... supposing that this doesn't work out for you, do you have something in the lease with the landholder that requires you to remove this piece of building you have here? Mr. Gagel: Yeah, that actually goes more towards our leasing team. I am sure we have clauses in there that we would be able to get out of the lease and provide enumeration to the landlord for some reason. I don't know the particular details of the lease as per that clause. Mr. Tiseo: I believe I remember reading the lease and it had that should they vacate the property they have to restore it back to its original condition. Mr. Caramagno: Okay, so a five-year lease and if it doesn't work out, you put it back to what it was, parking lot. The other thing 1 had is, on the overhang over the kiosk machine... it hangs over a little bit I am assuming so that rain doesn't fall on you as your sticking your arm out of the car. Is there a clearance sign on that? Mr. Tiseo: Yes. It is 12 feet. Mr. Caramagno: So, 12 feet. Mr. Tiseo; It is 12 feet from the curb and another six inches, so it is 12 feet 6 inches. Mr. Caramagno: That's posted right on the thing? I didn't see it in the pictures, but it's posted right on there? Okay. Thank you. Mr. Long: As mentioned earlier, a similar proposal was brought up in 2016 by Bank of America and was not approved by this commission. That was three years ago. Can you talk a little bit about the changing industry? Closing branches and why we are just doing ATM's and not branches here? Mr. Gage]: Those decisions are strategy decisions that are made at a much higher paygrade than mine. I really don't know what all the driving factors are for them to make a decision in a market area. I do know that throughout our entire footprint in Michigan to the East Coast we have had these situations come up. There are certain guidelines that they follow. As I said, I am not sure what they are, but it is something that we are going through right now. A program that we are going through right now. November 20, 2019 29442 Mr. Long: Do you know off the top of your head how many of these you have in the Metro area? These standalone kiosks? Mr. Tiseo: They have 300 in their portfolio. I would have to check my records, but I think there is a dozen or so in Michigan if not more. Mr. Gagel: Last year, we opened up one at Nine Mile and Coolidge and in Taylor at Goddard and Allen Road. We have remote kiosks that we have opened up. Recent projects that I have worked on. Mr. Long: My last question, at least I think it is my last question, is that at the study session we were given the crime statistics for these types of things or lack thereof. Could you, for the record, share those? Mr. Tiseo: Again, Citizens went back to their records and of their 300 remote ATM's they have never had a robbery. They have had the skimming issues. That only happened twice in their 300 strictly standalone ATM's. Nothing connected to the branch. Mr. Long: Thank you. Mr. VVilshaw: Any other questions for our petitioner? Ms. McCue: I know that we stated that that branch at Seven Mile and Middlebelt is closing, correct? Mr. Tiseo: It has closed. Ms. McCue: It's closed, okay. That happened quick. Mr. Tiseo: October 16, 2019. Ms, McCue: The letter that is included in our packet gives some statistics as to the number of transactions that go on. Correct me if I am wrong, but when it talks about the current branch at that Middlebelt and Seven Mile, it had 48,000 transactions at their walk-up ATM in the last 12 months. So, 4,000 a month? Mr. Tiseo: That is correct. Ms. McCue: I guess if you could just talk a little bit more about need and why they might put that there versus somewhere else in relationship to closing the branch. Mr. Tiseo: From what 1 understand, that branch is a leased property as well. So, their lease is us and they will be moving. 1 am assuming that November 20, 2019 29443 the landlord is not interested in only leasing for an ATM so they had to find a different location to continue to capture the customers that frequented that branch. If you move a mile or two away, you tend to lose exponentially more and more customers that you have captured through the years. So, they have been looking at locations that is close enough to that branch where they could locate a landlord and put in a new drive -up ATM. Ms. McCue: Thank you and it is my understanding, and correct me if I am wrong, but the other branch on Middlebelt... is that closing also or... Mr. Tiseo: There is no other branch on Middlebelt. There is one on Five Mile Road. Ms. McCue: So, that is the next closet one? Mr. Tiseo: That is the next closest one. That is next to Farmington Road and that one is staying. Ms. McCue: Thank you. Mr. Gagel: Plus, we have a branch at Newburgh and Six Mile also. Ms. McCue: Thank you. Ms. Smiley: That skimming thing...that is when they put something in your ATM so that they can read your card. Is that what skimming is? Mr. Gagel: Correct. Our security team does make sure it puts anti -skimming devices on it and then monitors it. The machine is serviced by a third party and all that is checked each time they go out to either load cash or service the machine. Ms. Smiley: My last question is, how many times in a week would you load money and unload money? You know, like to pick up deposits and put in new money in there for withdrawals? Do you know? Mr. Gagel: No, I don't. Each machine is different, and it depends on how much they initially load the machine and then as they see the transactions there may be something where...okay, we need to increase this to decrease frequency of visits or they may set a threshold to say that minimal risk or this is our appetite of risk of the amount we are putting in the machine at any one time. That is our cash management group that takes care of that with ATM administration. November 20, 2019 29444 Mr. Tiseo: Given the amount of transactions that were recorded, I would think it would be several times a week. Ms. Smiley: Thank you. Mr. Wilshaw: Any other questions for our petitioner? If not, Mr. Gage[, I just have one question. You mentioned some of the other locations that you have installed these freestanding ATMs. Are those also in strip mail parking lots? Is that what you are basically targeting? Mr. Gagel: The location at Nine Mile and Coolidge is in a strip mall. The location at Allen and Goddard is actually in a branch parking lot. When we relocated that branch, we opted ... the strategy was to do an interior buildout and put a remote ATM in the parking lot of the leased building. Mr. Wilshaw: . Okay. I just want to get a feel for where you generally locate these things. Thank you. Mr. Wilshaw: Is there anybody in the audience that wishes to speak for or against this item? Seeing no one coming forward, I will close the public hearing and ask for a motion. On a motion by Smiley, seconded by McCue, and adopted, it was #11-89-2019 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on November 19, 2019, on Petition 2019--10-02-15 submitted by Tiseo Architects, Inc., on behalf of Citizens Bank, requesting waiver use approval pursuant to Section 1 U3(I) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a freestanding drive -up ATM kiosk within the parking lot of the shopping center at 19043- 19053 Middlebelt Road, located on the west side of Middlebelt Road between Clarita Avenue and Seven Mile Road in the Northeast "/ of Section 11, the Planning Commission does hereby recommend to the City Council that Petition 2019-10-02-- 15 be approved subject to the following conditions: That Section 10.03(1)(4) requiring the drive -up window not be used for any purpose except the principal business use at the site be waived pursuant to Section 19.06(1) by means of a separate resolution in which two-thirds (2/3) of the members of the City Council concur, 2. That Section 10.03([)(3) requiring the traffic lane serving the drive -up service facility have enough waiting space provided at a minimum rate of at least four (4) car spaces in addition November 20, 2019 29445 to the space at the drive -up window be modified to allow for three (3) car spaces, pursuant to Section 19.06(1) by means of a separate resolution in which two-thirds (213) of the members of the City Council concur; 3. That the location of the freestanding drive -up ATM kiosk shall be in accordance to the site plan shown on the plan labeled "Test Fit", marked Sheet No. P1 dated October 18, 2019, as revised, prepared by Tiseo Architects, Inc.; 4. That the Enlarged Plans & Elevations plan marked Sheet No. P2 dated October 18, 2019, as revised, prepared by Tiseo Architects, Inc., is hereby approved and shall be adhered to 5. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 6. That unless approved by the proper local authority, any type of exterior advertising, such as promotional flags, streamers or sponsor vehicles designed to attract the attention to passing motorists, shall be prohibited; 7. That no LED light band or exposed neon shall be permitted on this freestanding drive -up ATM kiosk; 8. That the Petitioner shall enter into a conditional agreement limiting the waiver 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; 9. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for building permits; and 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. 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. November 20, 2019 29446 A roll call vote on the foregoing resolution resulted in the following: AYES: McCue, Smiley, Bongero, Long, Caramagno NAYS: Ventura, Wilshaw ABSENT: None ABSTAIN: None Mr. Wilshaw: Is there any discussion? On a motion by McCue, seconded by Smiley, and adopted, it was #11-90-2019 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 2019-10-02-15 submitted by Tiseo Architects, Inc., on behalf of Citizens Bank, requesting waiver use approval pursuant to Section 10.03(1) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a freestanding drive -up ATM kiosk within the parking lot of the shopping center at 19043- 19053 Middlebelt Road, located on the west side of Middlebelt Road between Clarita Avenue and Seven Mile Road in the Northeast Y4 of Section 11. A roll call vote on the foregoing resolution resulted in the following: AYES: McCue, Smiley, Bongero, Long, Caramagno, Wilshaw NAYS: Ventura ABSENT: None ABSTAIN: None Mr. Wilshaw, 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 2017-08-02-09 Basheer Elhady (Gas Station) Mr. Caramagno, Secretary, announced the next item on the agenda, Petition 2017- 08-02-09 submitted by Basheer Elhady requesting a one-year extension of all plans in connection with a proposal to construct a gas station at 27430 Seven Mile Road, located on the northwest corner of Seven Mile and Inkster Roads in the Southeast 1/4 of Section 1. November 20, 2019 29447 Mr. Taormina: This is a one-year extension of a waiver -use involving the construction of a gas station on property located at the northwest corner of Seven Mile and Inkster Roads. Council granted approval for the gas station on October 15, 2018. In February 2019, the Zoning Board of Appeals granted variances involving lot area, building setback, and parking. The action of the Zoning Board of Appeals was challenged in Circuit Court by neighboring property owners. On October 8, 2019, the Court affirmed the Zoning Board of Appeals decision granting the variances; however, because of the delay resulting in the court case, the petitioner was unable to secure permits or commence construction prior to the one-year expiration date of the site plan. Looking at the plan, to refresh everyone's memory, this is a one- story gas station that would measure approximately 2,490 square feet. The interior contains a retail display area, cashier counter, offices, as well as a restroom. The exterior is mainly brick as well as some smooth faced stone and E. I. F. S. There would be a new fueling center that would have four dual sided pump islands with the capacity to accommodate up to eight vehicles and an overhead canopy that would cover the fuel dispensers. Note that the only correspondence we received on this item is confirmation from both the City Treasurer, as well as our Finance Department indicating that there are no outstanding balances due for taxes, or for general, water and sewer. Mr. Wilshaw: Thank you. Are there any questions of the Planning Director? Mr. Wlshaw: Is the petitioner here this evening? We will need your name and address for the record please. Basheer Elhady, 20365 Audette, Dearborn, MI, we got held up in the process of submitting plans to the city and getting them approved. The City Attorney asked us to hold off until it was worked out in Circuit Court. Once that was all cleared, we submitted our plans. We received plans back from the Planning Department. We are working with our architect to resolve any issues and make any changes according to the Planning Department. Mr. Taormina: Point of clarification. He is referring to the Engineering Department. Mr. Elhady: I apologize. November 20, 2019 29448 Mr. Wilshaw: Any one on the commission that has any questions or our petitioner? Mr. Bongero: Mr. Elhady, how long have you owned the property? Mr. Elhady: Actually, I am a project manager for the property. The property has been owned for quite some time. 2010 was the purchase date. Mr. Bongero: The reason I ask is that I know that the property was a gas station years ago and I think in 2008 or 2009 the DEQ flagged it for contaminatipn. 1 understand there was a clean-up, but they don't know the results. I was down at the Building Department. Do you have anything to state that the site is clean? Mr. Elhady: I don't have exact information. Sam Hammous, 25896 Timber Trail, Dearborn Heights, MI, Mr. Bongero: Typically, you do like an environmental study because if you bought it after 2009 you don't know if it is clean. We are assuming it was. There was soil taken off. Mr. Hammous: They pulled the tanks out and they pulled out... Mr. Bongero: That is typical for gas stations. That was just one concern I had. The Building Department didn't have any record that it is in fact clean. They are assuming but they don't know because that is part of the DEQ requirements. Mr. Elhady: Typically, before we install any tank or put anything back in the ground, the DEQ has to give an approval that the proper remediation was done to the property before we install anything new. Mr. Bongero: Okay. You don't have anything right now showing it does? Mr. Hammous: It has to be verified with the DEQ. Mr. Wilshaw: Any other questions? Ms. Smiley: Along Dave's question, Mark, wouldn't Engineering or Inspection have to have that available before they could start doing something on that property? November 20, 2019 29449 Mr. Taormina: I don't know if that was one of the comments provided by the Engineering Department as part of its initial review of this or not, but I can check on that. Mr. Bongero: I did inquire about it and they had no record. I asked Jerome because they said it would have been a building issue. Jerome stated that they made them fence it off and there was soil removed but he never got any receipt of like a clean slate from DEQ. He said that it would not be uncommon to them, but he had no record of it. To me, I feel like it is a concern that we should know that it has been properly cleaned up because there is underground storm retention. I know you are going to dig up for that and I don't know if you have taken that into consideration. There is onsite retention required. Mr. Elhady; I am sure we can get the proper clarification from the DEQ showing that it was properly remediated. Mr. Bongero: I think I would like to see that. If I can add that. Ms. Smiley: I wouldn't want them to proceed if it is contaminated. Thank you. Mr. Wilshaw; Is there any other questions for our petitioner? Mr. Ventura: Mr. Elhady, at the study session we asked you if you had all the drawings and have submitted everything that is required by both the Planning and Engineering Department. Mr. Elhady: We submitted plans and the site plans, if 1 am not mistaken, they were already approved but we had to stop... Mr. Hammous: When we came to pull the permits, they said you have to go to the Wayne County for some approval. Mr. Elhady: We submitted plans to the county and those plans were approved if I am not mistaken, and then we were contacted by the City Attorney and they told us to hold off on any further development with the property until the resolved the litigation that they had pending. Mr. Ventura: I guess my question at this time is, are all the drawings done? Mr. Elhady: Yes. Mr. Ventura: Okay, so you are simply waiting for the approval of the submittals. Mr. Elhady: Yes. November 20, 2019 29450 Mr. Ventura: When do you anticipate that you will break ground? Mr. Hammous: As soon as we get... Mr. Elhady: Once we work everything out with the Engineering Department, with the City, and with the County... Mr. Ventura: So, that would be as soon as you get a permit? Mr. Elhady: As soon as we get a permit. If everything went well, I would anticipate breaking ground in the Spring of 2020. Mr. Hammous: I have everything on order, the tanks, pumps, everything. Mr. Elhady: We have already engaged a general contractor. We have already engaged a fuel supplier for the site. We are just simply needing an extension on the plans that we submitted. Mr. Ventura: Thank you. Mr. Wilshaw: Is there anybody in the audience that wishes to speak for or against this item? 1 see one person coming forward. Deborah Fallis, 19304 Rensellor, Livonia, MI, I submitted some paperwork to the Planning board that two petitions we notarized of people with an adjoining property said that they did not know about this. I also have paperwork... their petition that they asked the people in the area and they had no intention of letting us know it was a gas station. The ground was contaminated in three areas. I talked to the guy that went over there to inspect it. He showed me three areas that were contaminated. I don't know where the paperwork is on that. Mr. Taormina has the affidavit that we do not want another gas station in that area. For one, the gas station property is way too small to put a gas station on that. You guys waived 5,000 square feet or something for this building site. Plus, you waived parking of areas in the building and you waived our petition, 1 mean our right to have a say in this. You also waived the people who live there you waived our rights also. We, the people, don't feel that it is right that we were waived. Some people say they never received notice. I have two affidavits notarized from the people with adjoining property saying that never received any information of a gas station being built. Back in the day when they tore the gas station down, it was a very small shed. That is all it was. It wasn't this great big convenience store. The corner of that section we already have a gas station and there is a 7-11 on that side. Today 1 was watching the truck that Novernber 20, 2019 29451 delivers stuff to the 7-11 and that parking lot is twice the size of this property that this gas station will be built on. They were having a hard time getting in there. Traffic was held up on Seven Mile trying to get their semi in to the parking lot at the 7-11. A gas station that has more than that and a convenience store gas station has at least two to three loads of gas that has to be delivered by a semi every week. Every week. They have their vendor that deliver the goods to the store. It is so congested in that corner that people are driving around the block to get away from any lights. The corner of my house has became the traffic, like the main street. Right now, the property value for the people in our area with another gas station built there would bring my property value down 10%. 1 feel that it is wrong to have another gas station built there. It is also competition for the little people who the small business owners in that area. We already have a whole subdivision in that area that is not... a shopping center that is not being used since Wal-Mart was built. So, they are building another competition. We have five gas stations within 1-mile radius of this corner. Five, already in the radius. I understand that the people want to catch the traffic, but we only have one lane. We don't have four lanes of traffic where people can get in and out. I can't even get out of my subdivision. I have to drive five blocks over at a certain time of day just to get out just to go to my church. I cook for the Salvation Army in Farmington right on Inkster Road, so I have to go out Inkster Road to get to where I cook twice a week. I just feel it is ridiculous and we weren't even asked as homeowners and if this gas station does get built, I think I will sell my house in this area. Maybe I will move to a better area of Livonia because I do like Livonia. That is all I have to say. Mr. Wilshaw: Thank you. Mr. Taormina, when Ms. Fallis talks about the fact that the requirement for consent of neighboring properties was waived, that was done by City Council, is that correct? Mr. Taormina: That is correct. The petitioner did not meet that requirement and then petitioned Council for a waiver. After significant debate regarding the issue and that requirement, in the end they decided to waive it. Mr. Wilshaw: Okay. Ms. Fallis: This petition does not say anything about a gas station. It says a family business in the area. It doesn't give me the specific property they are talking about. Mr. Wilshaw: We do have a copy of that. November 20, 2019 29452 Mr. Taormina: All of that was pointed out to the Council at the time they considered this. Mr. Wilshaw: That was a decision made by the Council. It wasn't out decision. Ms. Fallis: This isn't the Council? Mr. Wilshaw: No. This is the Planning Commission. We only recommend to the City Council. This is going to go through another process at City Council so you will have another opportunity to speak as well. Ms. Fallis: I wish I would have known that because I think I am coming down with the flu. Mr. Wilshaw: We will try to not hold you up much longer. Are there any other people that would like to speak on this item? I don't see anyone else coming forward. To the petitioner, are there any other comments you would like to make? Mr. Elhady: I understand the concerns she has regarding the property and the development of it. As I said, we did engage a supplier for the location, and we have already engaged a general contractor. Most of our sites are 24-hour locations, they are well lit. We typically use the evening shift ... we have our CSR's clean and stock the locations. We do intend to abide by all the rules and regulations of the City of Livonia, and we do intend on providing our community we serve with a clean and safe location that they can visit. Mr. Wilshaw: Thank you. Do we have questions for our petitioner? Ms. Smiley: On that matter, you said your hours of operation are 24? Mr. Elhady: Typically. Ms. Smiley: You also said you would consider limiting those to 5:30 a.m. to 11:00 p.m.? Mr. Elhady: Yes. 1 only mention that we typically use 24-hour locations. Not all of our locations are 24 hours. Some locations do close in the evening. Ms. Smiley: That would be great, thank you. Ms. McCue: We mentioned this last week, but just to clarify...I know she mentioned on the petition and that it stated a family owned business, it is a family owned business isn't` it? November 20, 2019 29453 Mr. Elhady: Yes. Ms. McCue: How many stations do you own around? Mr. Elhady: Well, Mr. Sam over here is going to be the owner. He is intends on running this station with his wife and his son. Ms. McCue: Thank you. Mr. Wilshaw: Any other questions for our petitioner? Mr. Long: That is a small site. Will you have any trouble getting the trucks in and out to do refill? Mr. Elhady: Our architects... we have had much tighter sites that we have had to deal with. Our architects typically design location where the pads are located in an easily accessible area. They also provide big enough tanks so that we are not having to send multiple loads throughout the week. Typically, you will see one delivery and that truck will not be seen again for another week. Mr. Long: Thank you. Mr. Bongero: One question. It may not be for the petitioner; it may be for Mark? If the hours of operation are from 5:30 a.m. to 11:00 p.m., in the event that they would want to switch to 24-hours, does that have to go through... Mr. Taormina: That would require an amendment to the waiver -use. That would require a public hearing before this body followed by City Council approval. Mr. Bongero: Thank you. Mr. Wilshaw: Any other questions for the petitioner or the Planning staff? don't see anything else. Thank you for coming and we will have a motion here soon. I look to the commission. Is there a motion? On a motion by Ventura, seconded by McCue, and unanimously adopted, it was #11-91-2019 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on November 19, 2019, on Petition 2017-08-02-09 submitted by Basheer Elhady requesting a one-year extension of all plans in connection with a proposal to construct a gas station at 27430 Seven Mile Road, located on the northwest corner of Seven Mile and Inkster Roads in the November 20, 2019 29454 Southeast % of Section 1, the Planning Commission does hereby recommend to the City Council that Petition 2017-08-02-09 be approved subject to the following conditions: 1. That the request for a one-year extension of waiver use approval by Basheer Elhady, in a letter received by the City of Livonia on October 15, 2019, is hereby approved; 2. That all conditions imposed by Council Resolution #366-18 in connection with Petition 2017-08-02-09, which permitted the construct a gas station at 27430 Seven Mile Road, shall remain in effect to the extent that they are not in conflict with the foregoing condition; 3. That all conditions imposed by Council Resolutions #367-18 and #368-18, which waived the minimum lot size requirement and the need for at least 65% of the residential neighbors within a 400-foot radius to approve the proposal, shall remain in effect, subject to City Council confirmation. 4. That the owner shall undertake the appropriate Due Care obligations as established by the Michigan Department of Environment, Great Lakes and Energy (EGLE), or secure final closure if required by EGLE and/or the Michigan Department of Licensing and Regulatory Affairs (LARA); 5. That the hours of operation shall be limited from 5:30 a.m. to 11:00 p.m. to minimize disturbance to the surrounding neighborhood. 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. Wilshaw: Is there any discussion? Ms. Smiley: Something about Mr. Bongero's concern about the property being properly remediated by the DEQ and that it is clean to start. Mr. Bongero: They need to provide something, so we know that it is clean. Mr. Ventura: A certification by the DEQ that the contamination has been remediated. Mr. Wilshaw: Mr. Taormina, do you understand that in a way that you can add that to our resolution? November 20, 2019 29455 Mr. Taormina: Yes, I do. It could be something that requires ongoing remediation so my concern would be that it has been remediated would imply that this has received full closure on its current open status. Mr. Ventura: That is correct. I life that. Mr. Wilshaw, 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 2019-09-02-14 ARCO Construction Mr. Caramag no, Secretary, announced the next item on the agenda, Petition 2019- 09-02-14 submitted by ARCO Construction Company, Inc. requesting waiver use approval pursuant to Section 11.03(n)(1) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a senior assisted living facility (ClearPath Assisted Living) at 33579 Eight Mile Road, located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast % of Section 4. On a motion by Long, seconded by Ventura, and unanimously adopted, it was #11-92-2019 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on November 19, 2019, on Petition 2019-09-02-14 submitted by ARCO Construction Company, Inc. requesting waiver use approval pursuant to Section 11.03(n)(1) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a senior assisted living facility (ClearPath Assisted Living) at 33579 Eight Mile Road, located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast '/ of Section 4, the Planning Commission does hereby remove the item from the table. Mr. Wilshaw, Chairman, declared the motion is carried, and the item is removed from the table. Mr. Taormina: When the Planning Commission originally reviewed these plans, the main concern expressed at the time was the design of the building. A concern over the amount of masonry being applied to the exterior of the building. The petitioner has supplied revised plans. This is a rendering showing the front of the proposed assisted living facility. This is the north elevation. This is the side of the building that would face Eight Mile Road. Brick has been added to the face of this one-story building. It has also been increased along the west elevation of the building. That is the November 20, 2019 29456 side facing the parking lot, which will have considerable exposure from that angle. Not so much the back side, which borders a wall as well as the east side which borders a masonry wall. They have added the brick where the brick is most visible to the public. They have also added brick around the screen wall for the ground mounted equipment which is at the southwest corner of the building. You had a couple questions of the petitioner at the study meeting regarding the overall percentage of brick and I think you requested that they bring a material sample board. They are here this evening to address those questions. Thank you. Mr. Wilshaw: There is no updated correspondence, correct? Mr. Taormina: Correct. Mr. Wilshaw: With that we will go to the petitioner who is here? We will need your name and address for the record please. Jim Eisenhart, 204 Park Road, Webster Groves, MO, I am with Clearpath. We are back looking for the waiver -use. John is going to go through some of the materials, but we were trying to meet your suggestions and add brick around the enclosures and add more to the building. Mr. Wilshaw: Excellent. Mr. Eisenhart: We didn't know we like brick as much as we do. John Auble, ARCO Construction, 323 Simmons Ave., St. Louis, MO, as you can see, we incorporated, as Mark stated, a third building material which is that brick there for you. We have added, as no one had mentioned in the study session, 88% more masonry on the north elevation, and 44% on the west elevation, which brings our total across the whole building at 50150. So, we are 50% masonry and 50% Hardie Siding. Mr. Wilshaw: Excellent. Thank you for that update. Do we have any questions for our petitioner? Mr. Long: 1 have a comment. I appreciate your willingness to work with the commission. That area, most of the buildings are brick, and the upgrades you have done will fit into that area much better so thank you for listening. Mr. Wilshaw: Any other questions or comments? November 20, 2019 29457 Mr. Bongero: Just out of curiosity what is the facility rent for a studio and a one - bedroom? Mr. Eisenhart: We have different levels of service, but a studio will start around $3,900 to $4,000 per month and it will go up to our memory care which is the most expensive which is around $5,500 to $5,900 per month. Mr. Bongero: What is the occupancy percentage like? Are your buildings full or...? Mr. Eisenhart: So, we have nine facilities that are mirrored after this building and our average occupancy is 93%. So, we have several that are at 100% and we have one that has been open for less than a year and is hovering around 88%. So, 93% in senior housing is considered to be full because of the turnover but we do get above 93%. Our average is 93%. Mr. Wilshaw: Thank you. Any other questions for our petitioner? There is no one else in the audience to speak to this item, so the last word goes to our petitioner. Is there anything else you would like to add before we make our decision? Mr. Eisenhart: We appreciate all of the comments. We are looking forward to being in Livonia hopefully. Mr. Wilshaw: Is there a motion? On a motion by Long, seconded by Ventura, and unanimously adopted, it was #11-93-2019 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on November 19, 2019, on Petition 2019-09-02-14 submitted by ARCO Construction Company, Inc. requesting waiver use approval pursuant to Section 11.03(n)(1) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a senior assisted living facility (ClearPath Assisted Living) at 33579 Eight Mile Road, located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast Y of Section 4, the Planning Commission does hereby recommend to the City Council that Petition 2019-09-02-14 be approved subject to the following conditions: 1. That the site layout as shown on the Paving & Grading Plan identified as Sheet No. C-3 dated September 18, 2019 prepared by Nowak & Fraus Engineers., is hereby approved and shall be adhered to; November 20, 2019 29458 2. That the Declaration of Easements verifying the subject property shares parking and access with the abutting shopping center site be supplied to the Inspection Department at the time a building permit is applied for; 3. That the Landscape Plan identified as Sheet No. L-1 dated September 12, 2019 prepared by Nowak & Fraus Engineers., is hereby approved and shall be adhered to; 4. That all disturbed lawn areas shall be sodded in lieu of hydro seeding; 5. 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; 6. That the Exterior Elevations plan prepared by GMA Architects, as received by the Planning Commission on November 8, 2019, is hereby approved and shall be adhered to; 7. That this site shall meet either the City of Livonia or the Wayne County Storm Water Management Ordinance, whichever applies, and shall secure any required permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan; 8. That the petitioner shall correct to the Fire Department's satisfaction the stipulations contained in the correspondence dated October 11, 2019; 9. That all light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded to minimize stray light trespassing across property lines and glaring into adjacent roadways; 10. That the three walls of the trash dumpster area shall contain brick or a brick face that matches the brick on the building. The enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass. The trash dumpster area shall always be maintained and when not in use closed; November 20, 2019 29459 11. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 12. 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, 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 23.05 of Zoning Ordinance #543, as amended. Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #4 APPROVAL OF MINUTES 1,150t" Public Hearings and Regular Meeting Mr. Caramagno, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,150th Public Hearings and Regular Meeting held on October 22, 2019. On a motion by Long, seconded by Smiley, and unanimously adopted, it was #11-94-2019 RESOLVED, that the Minutes of 1,150th Public Hearings and Regular Meeting held by the Planning Commission on October 22, 2019, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Long, McCue, Smiley, Ventura, Caramagno, Wilshaw NAYS: None ABSENT: None ABSTAIN: Bongero Mr. Wilshaw, Chairman, declared the motion is carried and the foregoing resolution adopted. November 20, 2019 29460 On a motion duly made, seconded and unanimously adopted, the 1,151st Public Hearings and Regular Meeting held on November 19, 201rvas adjourned at 8:00 p.m. �� CITY PLA44NING COMMISSION w /am Carbmagno, Secretary ATTEST: Ian Wilshaw, Chairman