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HomeMy WebLinkAboutPLANNING MINUTES 2005-03-1522117 MINUTES OF THE 902n" REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, March 15, 2005, the City Planning Commission of the City of Livonia held its 902n° Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. John Walsh, Chairman, called the meeting to order at 7:30 p.m. Members present: Robert Alanskas William LaPine R. Lee Morrow Dan Piercecchi H. G. Shane Carol Smiley John Walsh Messrs. Mark Taormina, Planning Director, and Scott Miller, Planner III, were also present. Chairman Walsh informed the audience that if a petition on tonighfs 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 2005-02-08-03 FINISHLINE Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2005-02- 08-03 submitted by Finishline Power Sports requesting approval of all plans required by Section 18.47 of the Zoning Ordinance in connection with a proposal to construct a commeroial building on property located at 29200 Seven Mile Road in the Southwest Z of Section 1. 22118 Mr. Miller: Finishline Power Sports is requesfing approval to construct a commercial building on property located on the north side of Seven Mile Road between Middlebelt Road and Parkville Avenue. This site is presently vacant and is located between a CVS Pharmacy and a Toys R Us store. Finishline Power Sports is a motorcycle and snowmobile dealership. The proposed building would be 14,000 square feet in size and two stories in height. The second story would consist of a partial mezzanine that would cover approximately half of the upper space. The remaining porton of the upper level would be open or what is classified as a "clear 1oor." There would also be a 12 -foot wide catwalk along the upper level of the front interior wall. This platform would be used to display merchandise. Because of the large windows of the storefront, items exhibited on this raised stage would be visible from the outside. The petitioner has explained that because of this interior platform there would be no need to display vehicles outside. The building itself would be situated approximately in the middle of the site, about five feet from the east properly line. Parking for the site would be located in two separate lots, one in the front between the building and Seven Mile Road and one behind the dealership. A 20 -fool aisleway would ran along the western side of the building and conned the two parking lots. The plans depict two man doors opening out into this narrow connecting passageway. Twenty-two parking spaces are required, and they are providing 20 spaces. Because this dealership would be deficient in parking by two spaces, this site would have to be granted a variance from the Zoning Board of Appeals. The site's enclosed trash dumpster area would be located in one of the landscape areas behind the building; straight up the main aisleway that connects the two parking lots. A single two-way drive off Seven Mile Road would provide the primary access to the site. There is also a connecting drive that links this site's rear parking lot with a section of the Toys R Us parking lot. The floor plan shows a section called 'Work areas," and it is believed this space would be used to repair motorcycles and snowmobiles. They are providing the required landscaping of 15% of the total site. The proposed building would be constructed out of split face block. Notes on the elevafion plan maintain that the building is to be a pre-engineered steel structure. The bulk of the south elevation (facing Seven Mile) would be block with a series of large picture windows, two stories high. Mr. Walsh: Is there any correspondence? 22119 Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated February 10, 2005, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. Additional right-of- way is not required at this time, and the legal description is comect. We have no objection to the proposal. In order to construct the new building, the existing storm sewer easement in favor of the City must be vacated and replaced by a new easement along the route of the proposed sewer. Since this is a long process, we urge the petitioner to start on the vacation as soon as possible. The drive approach to Seven Mile Road requires a permit from Wayne County. Further, detention facilities in accordance with Wayne County's storm water management ordinance have been required for similar projects in this area." The lefler is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated February 28, 2005, which reads as follows: 'This office has reviewed the site plan submitted in connection with a request to construct a commercial building on property located at the above -referenced address. We have no objections to this proposal with the following stipulations: (1) If subject building is to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection. (2) Adequate hydrants shall be provided and located with a maximum spacing of 300 feet between hydrants. Most remote hydrant shall flow 1,500 FPM with a residual pressure of 20 PSI. (3) Due to the noted width of 20 feet, this Division requests that the entrance drive be posted (on both sides) 'Fire Lane — No Parking.' (4) Hydrant spacing in bre commerciat/retail groupings shall be consistent with City of Livonia Ordinances. (5) Fire lanes shall be provided for all buildings that are set back more than 150 feet from a public road or exceed 30 feet in height and are set back over 50 feet from a public road. (6) Fire lanes shall be not less than 20 feet of unobstructed width, able to withstand live loads of fire apparatus, and have a minimum of 13 feet 6 inches of vertical clearance. (7) An approved turnaround for fire apparatus shall be provided where an access road is a dead end and is in excess of 150 feet in length. The turnaround shall have a minimum centedine radius of 50 feet. The authority having jurisdiction shall approve the grade, surface, and location of the fire lane. (8) T or Y turnaround arrangements shall be permitted. (9) Fire lanes shall be marked with freestanding signs or marked curbs, sidewalks, or other traffic surfaces that have the words 'Fre lane — no parking' painted in contrasting 22120 colors at a size and spacing approved by the authority having jurisdiction." The letter is signed by Donald F. Donnelley, Sr. Fire Inspector. . The third letter is from the Division of Police, dated March 4, 2005, which reads as follows: We have reviewed the plans in connection with a proposal by Finishline Power Sports located at 29200 Seven Mile Road. We would submit for your consideration that a stop sign be placed at the exit onto Seven Mile Road from this property." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated February 11, 2005, which reads as follows: "Pursuant to your request of February 7, 2005, the above -referenced petition has been reviewed. The following is noted. (1) This plan as drawn would not be approved at this Department's plan review. A storage mezzanine is limited to 3,000 square feet without being accessible (i.e., having an elevator, etc.). This will be mom fully addressed at our plan review upon submission. (2) Itis unclear as to how much space is provided at the display mezzanine. This could increase the floor space and thus increase the required parking. As it is now, this petition will require a variance from the Zoning Board of Appeals for deficient parking. Not counting mezzanines, this space requires 22 spaces with 20 provided and is then deficient a minimum of 2 spaces. (3) The parking striping is required to be double striped. (4) The front building sidewalk will need to be level with the parking area for accessibility. The accessible parking should be closest to the front door with the accessible aisle centered on the entry. (5) It is unclear as to exit doors opening into the west driveway. With only a 20 feet wide driveway and doors opening into the driveway, it may create a dangerous situation. The doors need protection, and the driveway will need to be widened which will result in decreased landscaping. The Commission and Council may wish to address this. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Is there anything you'd like to add? Our commissioners may have some questions for you. Kurt Beleck, Atwell -Hicks, 6303 26 Mile, Washington, Michigan 48094. We are the engineers and site planners for the project. Mr. Walsh: Welcome. Is there anything you would like to add to what the staff has already described? Mr. Camey, you can come forward if you would like. 22121 Mr. Camey: Oh, thank you. Mr. Walsh: Good evening. John Camey, 13407 Farmington Road, Livonia, Michigan 48150. Mr. Walsh: Is there anything you'd like to add? Mr. Camey: One of the things we would just like to say is that the mezzanine is going to be down to 3,000 feet. That may eliminate the need for more parking space. The reason they have the west side of the building as a road is to allow tractors/trailers to deliver product to the rear of the building, and also a tum around so they wouldn't have to back all the way in. Is there anything else? Tom Durocher, 4321 South Road, East China, Michigan. I heard some of the things that were said about the mezzanine and the doors. I think we addressed those. We put sliding doors on the one that open out into the access lane going to the back parking lot. Also we did cul the mezzanine down to 3,000; it was 6,000. We did cul it down to 3,000 square feel and to eliminate any more additional parlang. We know we're two parking stalls short. We could probably add the two parking spaces in the back, but I feel, and maybe I'm wrong, but I feel that it's better for a semi to pull in instead of backing in from Seven Mile and causing congestion in the traffic. Mr. Walsh: Are there any questions from the Commissioners? Mr. Morrow: You mentioned you're going to have the sliding doors on the side that faces the CVS? Mr. Durocher: Right. Mr. Morrow: How many doors will be along there? Mr. Durocher: There will be three. There will be a rollup door and there will be a service door and the sliding door. The door for the sliding door is just for getting inventory in and out into the showroom. The overhead doors will bring repair stuff into the building. Mr. Morrow: How will you prevent the customers from using those doors? How will they be marked or how will they be managed? 22122 Mr. Durocher: I think that's something that would have to be managed by the operator of the building and the business, but also they could be marked on the building and on the asphalt drive - no parking. I'm sure that you're never going to stop it, but you're going to have to enforce it when you see somebody park there. You're going to have to go out and ask them to move. Mr. Morrow: I guess I'm more concerned about somebody walking outside rather than walking in. Mr. Durocher: Well, there will be some posts put in by the doors but the doors are swinging in, so when they do swing in, it doesn't swing out. Mr. Morrow: I just wanted to highlight it because it can be a safety hazard. Mr. Durocher: Correct. Mr. Morrow: Just be aware that whatever you can do to preclude any type of traffic going in and out of there other than when you're managing it with inventory. Mr. Durocher: Mostly there are going to be employees back there. Customers are not allowed back there, I believe. Fred Owen, Finishline Power Sports, 8025 Telegraph, Dearborn Heights, Michigan 48127. Good evening. I'm the guy that's trying to build this store. The question you asked about the sliding doors on the side - on the side there, those are designated sliders. They will be locked. They are not for public use. The only reason we have them there is for the convenience of the employees to bring product in and out as we sell and we stock the showroom. The other door down the side of the building, which is an entry door — that door will enter inward right? That steel door. It will go inside. It does not open to the parking lot. Mr. Morrow: Okay. Thank you. Mr. Alanskas: Yes, a couple questions. Our notes say that you will be doing motorcycle repairs. Will you tell us what kind of repairs you will be doing there? Mr. Owen: We're a licensed motorcycle dealership. We just acquired a Suzuki Corporation franchise. With any franchise agreement to sell your product, you must be able to service the product. So whatever the product needs. We sell them. If customers bring 22123 them in to get them fixed, we have licensed technicians from the State to service them. Mr. Alanskas: My biggest concern is, of course, noise. A lot of car facilities when you run engines, you have an exhaust hose attached to the end that goes outside with the doors being closed. Motorcycles are very noisy, and if you're going to be running these, I'm concemed about the noise levels. Mr. Owen: That shouldn't be a problem. We're designing it under the tech's benches. There will be a similar setup - an exhaust system to make it safe to pull the exhaust out of the thing, and all our service, as far as engines running, 90 percent of it will be done inside the store. We do not allow test drives. Its against our policies, so nobody will be taking a bike down Seven Mile and that kind of stuff unless they own it. Mr. Alanskas: But while the bikes are running, you'll have the doors closed so the noise will not go outside? Mr. Owen: No, we're building an internal exhaust system. Mr. Alanskas: Okay. Number two, in regards to your landscaping, it says 15 percent, but I dont see a landscape plan and what you're going to be doing to the landscaping. Mr. Walsh: Sir, if you will go over to the tripod, there's a portable mike that you can use. Mr. Owen: There should be a landscape plan in your packet. Mr. Alanskas: I just didn't see it yet. I'm sorry. Mr. Beleck: It should be the Iasi plan in your packet. Again, we're meeting the 15 percent requirement. We have landscaping here along in the front. We're putting in a couple trees, frontage trees, and we have shrubs in all of the islands here that prated the parking spaces. What we doing is, looking at what CVS already had, they already have some existing landscaping along that side and its right on the property line. So being mindful of that, we were trying to maintain that as well asjust expand that area. Mr. Alanskas: To try to match it? 22124 Mr. Beleck: To further enhance it a little bit more, and even though some of it, again, it's right on the property line, it was best that we just lett it where it was. Mr. Alanskas: And it will all be irrigated? Mr. Beleck: Yes. And then maintaining the buffer along this side, we have sod all along the east side of the building. Then again in the back, we have landscaping screening around the dumpster and several trees and shrubs in back. Mr. Alanskas: All right. Thank you very much. Mr. Shane: I believe there's 12 parking spaces in front of the building? Mr. Beleck: Pardon me? Mr. Shane: Ithink there's 12, is there not? Mr. Beleck: I still can't hear. Mr. Shane: Twelve parking spaces? Mr. Beleck: Yes, exactly. There's 12 parking spaces in front. There was a comment relative to the handicap spaces from one of the correspondences. It's very simple for us to just move those over in front of the building so the striping is right in front of the door. Mr. Shane: What my question was going to be was, due to the nature of your business, do you foresee 12 parking spaces being sufficient for your customers? Mr. Owen: I've been in this business for four years at another location I partly own. I wish I could fill those 12 on a daily basis. I'd be a wealthy person. We sell high end product as far as expenses, and that shouldn't be an issue at all. Mr.Shane: Okay. Mr. Owen: Our employees will be parking in the back so they will be dedicated to our customers. Mr. Shane: All right. Thank you. 22125 Mr. Pieroecchi: I think you're a big step forward with this plan here compared to the one we originally received. I have one question if I may ask in regard to this flat roof site. What about the mechanical equipment? Will it be up on the roof? Is this plan here the screened version or are you going to have a parapet or what to hide the mechanicals? Mr. Durocher: There will be a screen. I think there's a note on there because this was done quite quickly. We didn't have really a lot of time to get it back to you. But there is going to be a screen. The mechanicals will be on lop of the roof, but there will be a screen around the whole thing. Mr. Pieroecchi: So you're going to go higher than what we see here? Mr. Durocher: I can't tell you just how high, but I'm going to say probably about 30 inches high. Mr. Pieroecchi: Okay. And what type of material? Is ilgolng to match? Mr. Durocher: It will be a color, t will be a vinyl type of a screen. It will be a color match with the building. Mr. Pieroecchi: Are you planning on giving us that revision so when the City Council gets it ... Mr. Durocher: Correct. The drawings, renderings, everything will be done differently. This was done within a couple days and we had to gel it back to you. Mr. Pieroecchi: I know you were rushed. Mr. Durocher: So I tried to do the best we could to gel it done. It's not really the color we wanted, but it was hand done. Mr. Pieroecchi: I appreciate your efforts in getting this thing expedited, but when this thing goes to the City Council, then we need a complete package so the fathers and mothers can make the right decision on this. Mr. Durocher That's correct. It will be. I will have that done. Its just like I say, it didn't gel done. Mr. Pieroecchi: That's all, Mr. Chairman. 22126 Mr. LaPine: I have a number of questions. Number one, getting back to the repairs inside the building, will there be any material lett over like if you replace a fender, if you replace a carburetor and things like that? And if you do, how do you dispose of this material? Mr. Owen: As far as plastics and so forth? Mr. LaPine: Yes. Mr. Owen: A plastic part doesn't require any special disposal. We have oil disposal tanks at our present store that are serviced by a company that comes in and removes any oil from the tank. Mr. LaPine: Will the oil disposal tank be inside the building? Mr. Owen: Yes. And its all property done with fire extinguishers, you know, and so forth. Mr. LaPine: I was looking on the plans here. Where is your dumpster? I assume you're going to have a dumpster? Mr. Owen: The dumpster is on the outside. Mr. Durocher Kurt, could you show them? Mr. Beleck: There's a dumpster located right here on the back comer. Mr. LaPine: The next question I have, seeing that these use gasoline, do you store any gasoline on the site? Mr. Owen: No. The only thing we plan on doing - from the store we operate now, we have what they call a gasoline buddy. Are you familiar with it? Mr. LaPine: No. Mr. Owen: It's like a 10 gallon on wheels. That's all we keep, because you have to have some fuel to start the product. Mr. LaPine: I understand that. That's what I'm getting at. Mr. Owen: Once that drains out, we put it in the pickup truck, get gas, and maintain it there. Mr. LaPine: So that's kept inside the building loo? 22127 Mr. Owen: Yes. Mr. LaPine: Are there any requirements, Mark, on the storage of a ten gallon can of gasoline inside? Mr. Taormina: I'm not sure that will be an issue. That will be addressed at the time of plan review. Mr. LaPine: Otherwise, to be honest with you, I'm not really over -enthused about the location you picked for this, but overall, I like your plan. Thankyou. Mr. Owen: Thankyou. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one come forward, a motion is in order. Yes, Mr. Taormina? Mr. Taormina: Anticipating an approving resolution, if I could just make two suggestions. One, that a slight modification be made to the plan with respect to the landscaping along the front of the building. Where the parking spaces are located adjacent to the Seven Mile Road right-of-way, we could shorten the depth of those spaces to 18 feel and thereby pick up another two feet for additional landscaping immediately adjacent to the right-of-way line. Secondly, a condition could be added that would prohibit any outside storage on the site. Thank you. Mr. LaPine: I'm glad you brought that up. I want to make sure that is in the motion - no display of any merchandise outside. I did have one otherquestion. Mr. Owen: That's the reason for the meaanine- to store everything inside. Mr. Piercecchi: Would it be more prudent, Mr. Chairman, we can add the outside storage condition to the motion that was prepared and then to return with a landscaping plan? Mr. Walsh: We have a landscape plan. He reviewed the plan, Mr. Piercecchi. The plan is in your packet and he just reviewed the plan with us in response to your question. Mr. Piercecchi: This is the same plan we received before, isn't it? Mr. Walsh: That's correct. 22128 Mr. Pieroecchi: And I hearlonight, like ... Mr. Alanskas: No. I said I didn't not see the landscape plan. Mr. Pieroecchi: Mr. Alanskas wasn't that sat stied with it. Mr. Alanskas: No. I didn't see it. I'm satisfied with it. Mr. Pieroecchi: Oh, you're satisfied with it? Mr. Alanskas: Yes. Mr. Pieroecchi: I'll make a motion if you want. On a motion by Pieroecchi, seconded by Shane, and unanimously adopted, It was #03-25-2005 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2005-02-08-03, submitted by Finishline Power Sports, requesfing approval of all plans required by Section 18.47 of the Zoning Ordinance in connection with a proposal to construct a commercial building on properly located at 29200 Seven Mile Road in the Southwest of Section 1, be approved subject to the following conditions: 1. That the Site Plan dated February 3 2005, prepared by Atwell Hicks, is hereby approved and shall be adhered to; 2. That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject properly(s) would share parking, be supplied to the City; 3. That the Landscape Plan dated February 3, 2005, prepared by Atwell Hicks, is hereby approved and shall be adhered to except for the fad that an additional two feel of greenbelt shall be added to the landscaping along Seven Mile Road; 4. That the height of the planted trees shall be measured from the top of the root ball to the mid -point of the top leader; 5. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 22129 6. 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; 7. That the Exterior Building Elevation Plan marked Sheet 2, as received by the Planning Commission on March 14, 2005, prepared by THA, is hereby approved and shall be adhered to; 8. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 9. That the three walls of the trash dumpster area shall be constructed out of the same block used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times; 10. That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan; 11. That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 12. That the petitioner shall correct to the Fire Department's satisfaction the following as outlined in the correspondence dated February 28, 2005: - That if subject building is to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feel and 100 feet from the Fire Department connection; - That adequate hydrants shall be provided and located with a maximum spacing of 300 feet between hydrants; most remote hydrant shall flow 1,500 FPM with a residual pressure of 20 PSI; 22130 That the 20 foot wide entrance drive be posted (both sides) "Fire Lane— No Parking'; That hydrant spacing in the commercial/retail grouping shall be consistentwith City of Livonia ordinances; That fire lanes shall be marked with freestanding signs or marked curbs, sidewalks, or other traffic surfaces that have the words "Fire Lane — No Parking' painted in contrasting colors at a size and spacing approved by the authority having jurisdiction; 13. That the petitioner shall correct to the Police Departments satisfaction the following as outlined in the correspondence dated March 4, 2005: That a stop sign be placed at the exit onto Seven Mile Road from this property; 14. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto; 15. That no signs, either freestanding or wall mounted, are approved with this petition; all such signage shall be separately submitted for review and approval by the Planning Commission and City Council; 16. That no LED lightband or exposed neon shall be permitted on this site inducing, but not limited to, the building or around the window; 17. That the specific plans referenced in this approving resolufion shall be submitted to the Inspection Department at the time the building permits are applied for; and 18. That no outside storage, placement or display of merchandise shall be permitted at any time on this site. Mr. Walsh: Is there any discussion? Mr. Shane: I will support the motion providing Mr. Piercecchi would agree to a small addifion. Item 3. Mr. Pieroecchi: Number 12 you're talking about? 22131 Mr.Shane: Number 3. Mr. Pieroecchi: Number 3? The landscape plan. Mr. Shane: Pursuant to Mr. Taormina's recommendation, that two feet of landscaping be added to the front landscaping area. I'd just like this to read that the "landscape plan dated February 23, 2005, as revised" and hoping they will revise it by the time it gets to City Council. Mr. Pieroecchi: Okay, what date do you want that? Mr. Shane: The date is fine, just add revised. Mr. Morrow: As revised. Mr. Pieroecchi: Just add as revised. Okay. I didn't bother reading the parts from the Fire Department, because that letter was already read and it's in the record. Mr. LaPine: I'd just like to add an Item 18, the point that Mr. Taormina brought up that there will be no outside display of merchandise outside of this building. Mr. Walsh: Mr. Pieroecchi, are you willing to add that? Mr. Pieroecchi: I have no problem with that. Mr. Walsh: Are there any additional comments? Hearing none, I'd like to take the opportunity just to thank the petitioner. It was very evident that you worked hard to meet our requirements. You even went so far as to gel some plans done before tonight's meeting, and I think we all greatly appreciate that. If is any indication of how you're going to operate your business, I would expect you to be a really good corporate citizen for us. Mr. Owen: Thank you, sir. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. 22132 k1�Ai E:3'M»IYOle]7W1I1I.ZrYZrRES �9 Y ATA: Eel 101olL Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2005- 02-08-04 00502-08-04 submitted by Steven Gluck requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a dental office on property located at 15552 Newburgh Road in the Southwest '% of Section 17. Mr. Miller: The petitioner is requesting approval to construct a dental office on property located on the east side of Newburgh Road between Five Mile Road and Ladywood Avenue. This property is in the process of being rezoned (Pet. 04-09-01-10) from R -2A (One Family Residential) to OS (Office Services). The Planning Commission, after holding a public hearing on October 12, 2004, recommended approving the requested rezoning. Following a public hearing, the City Council gave First Reading on the requested rezoning at its December 6, 2004, Regular Meeting. The Second Reading and a Roll Call Vote are scheduled at the time the site plan is presented to the Council for action. Review of this petition is based on the assumption that the property will be rezoned to OS. The proposed building would be one-story in height and a total of 3,080 square feet in area. A single driveway oft Newburgh Road would provide access to the site. All of the site's parking would be situated on the south side of the building, with all of the parking spaces lined up along the south property fine. Parking required for this site is 13 spaces, and 15 spaces will be provided. The site plan shows that the site's enclosed dumpster and loading areas would be located behind the building, extending off the parking lot. The petitioner has stated that there would be no rooftop mechanical equipment. A note on the plan explains that all mechanical equipment would be located either in an interior utility room or, if outside, screened in the service court. This exterior service court is located next to the rear loading area behind the building. A 'typical light standard" cutout shown on the landscape plan stipulates that the site's light standards would be 20 -feet in height. A 50 -fool wide greenbelt area located between the building and the east (rear) property line would be utilized for storm water detention. A note on the plan indicates that storm water storage would be handled by underground piping or above ground detention. The petitioner has stated that all specific details pertaining to storm water detention would be worked out with the City's Engineering Department. Required landscaping is not less than 15% of the total site; the petitioner is providing landscaping on 50% of the 22133 site. The plans do not indicate the protective walls that are required between this property and the abutting residential properties to the north (RC) and east (R -2A). The landscape plan illustrates a row of evergreen trees along a berm adjacent to the west property line and a number of trees along the north property line. The petitioner has indicated that greenbelt substitutions for the protective walls would be sought. The greenbelts that extend along both property lines would qualify and could be granted permanent approval status. The look of the proposed building can best be described as residential in character. It would be constructed out of brick on all four sides and would have a multi -peaked asphalt -shingled roof. Mr. Walsh: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated March 7, 2005, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. Additional right -of my is not required at this time and the legal description is comect. We have no objection to the proposal. The detention area east of the building with an outlet to the east is appropriate since the City storm sewer in Newburgh Road experiences problems during a heavy rain event." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated March 7, 2005, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct a dental office on property located at the above referenced address. We have no objections to this proposal with the following stipulations: (1) If subject building is to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection. (2) Due to the noted width of 22 feet, this Division requests that the entrance drive be posted (on building side) 'Fire Lane — No Parking.' (3) Hydrant spacing in the commercial/retail groupings shall be consistent with City of Livonia Ordinances. (4) Fire lanes shall be not less than 20 feet of unobstructed width, able to withstand live loads of fire apparatus, and have a minimum of 13 feet 6 inches of vertical clearance. (5) An approved turnaround for fire apparatus shall be provided where an access road is a dead end and is in excess of 150 feet in length. The turnaround shall have a minimum centerfine radius of 50 feet. The authority having jurisdiction shall approve the grade, surface, and location of the fire lane. (6) T or Y turnaround arrangements shall be permitted. (7) Fire lanes shall be marked 22134 with freestanding signs or marked curbs, sidewalks, or other traffic surfaces that have the words 'fire lane — no parking' painted in contrasting colors at a size and spacing approved by the authority having jurisdiction." The letter is signed by Donald F. Donnelley, Sr. Fre Inspector. The third letter is from the Inspection Department, dated March 7, 2005, which reads as follows: "Pursuant to your request of March 1, 2005, the above - referenced petition has been reviewed. The following is noted. (1) The greenbelts noted along the north and east property lines are required. (2) Signage as detailed at 16 square feet is at the maximum allowed. (3) The Commission and/or Council may wish to consider rotating the dumpster enclosure slightly to allow for better servicing access. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. The fourth letter is from the Hunters Grove Court Condominium Association of Livonia, dated March 3, 2005, which reads as follows: `The Hunters Grove Court Condominium Association concurs with Dr. Gluck's proposed and submitted plan of an evergreen landscape on the property line between the condominiums abutting up to the property line of Dr. Gluck, DDS, as opposed to a cement and/or brick wall. We would appreciate your consideration and acceptance of this proposal." The letter is signed by Dolores McGuire, President, and Crag Girard, Vice - President. That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Dennis Krestel, Guido Architects, Inc., 23419 Ford Road, Dearborn, Michigan 48128. 1 am the architect representing the property owner. This proposed dental office has been placed in the northwest quadrant of the site. An area around the building, measuring 190 feet in the east -west direction and 48 feel in the north -south direction defines a proposed OS district, within which the building can only be placed or expanded. There is a heavy line that is shown on your site plan that would indicate that district boundary. Placement of the building here sets its furthest from the subdivision properties to the east and is satisfactory with the condominium owners to the north As you just heard from Mr. Miller, the residents at the condominium project to the north would rather see an evergreen screening in lieu of the brick screen wall. It's been indicated by the developer that the property owners to the east in the subdivision would also prefer the evergreen screening in lieu of the brick screen wall. I'd like to point out that the required storm water detention will be accomplished by the construction of a pond as shown, the 22135 placement of underground storage pipes or a combination of both. All stone water run off will be contained on site. I think that this type of business use is one of the most sedentary type with only 15 parking spaces, six operatories and scheduled appointments, the daily traffic should be at a minimum. Business hours are typically nine to five. Parking is at least 50 feet from the residential properties. If you will notice, the automobile headlights as they turn into the parking spaces will be aimed away from the residential properties toward the existing masonry screen wall along the south property line. Architecturally, the lox pitched roof line, the brick walls, the earth tone colors and an abundance of landscaping would certainly allow this building to fit in adjacent to any residential district. I think our work with the City's Planning Department has helped to create one of the least obtrusive and most compatible developments. I have a sample board and a color rendering if you would like for me to place them up on the easel. Mr. Walsh: If you could do that, please. Mr. Krestel: It further depicts the materials that you have shown or indicated on the submittal in your package with pitched roof lines and earth tone colors as I indicated. This elevation is the elevation closest to the parking area along the drive. This elevation here is the west elevation that would be seen from Newburgh. Mr. Walsh: Are there any questions from the Commissioners? Ms. Smiley: How many dentists are going to be in there? Mr. Krestel: There is one. Potentially, down the road, there could be another dentist brought in. Hence the six operatories he can handle himself. As he got older, he might want to bring another one in to reduce the amount of patients he saw, but we only have the ability oflhe six operatories. Ms. Smiley: Thankyou. Mr. Alanskas: Just two questions. Is this a five day or six day operation? Are you open on Saturday? Mr. Krestel: To the best of my knowledge, they are open on Saturdays. Mr. Alanskas: They are? Okay. I would like to compliment you on the building. It's a gorgeous looking building. 22136 Mr. Krestel: Thankyou. Mr. Morrow: Just a comment. I appreciate the presentation that you made. It's one of the finest ones I've heard. It touched all the bases. Mr. Krestel: Thankyou. Mr. Pieroecchi: This lower elevation, that's going to face Newburgh? Mr. Krestel: Yes, sir. Mr. Pieroecchi: The one facing up there, that's going to face north? Mr. Krestel: South, to the parking lot. Mr. Pieroecchi: That's going to face the parking lot? Mr. Krestel: Yes. Mr. Pieroecchi: What about the elevation that faces the neighbors to the north? Mr. Krestel: To he north, its very similar. There will be more windows along this side, one in each one of the operatories, but it would be a very similar looking elevation. Mr. Pieroecchi: Il will have the look of a residence from that side too? Mr. Krestel: Yes. Mr. Piercecchi: My compliments. Mr. Krestel: Thankyou. Mr. La Pine: I'd just like to say I thank you for all your patience. I know this has been a long drawn out thing for your diem, but I think at the end we got a good building site here, and I think he's going to be proud of it. I know the citizens of Livonia are going to be very proud of it. We thank you very much. Mr. Krestel: You'rewelcome. I'm surewe all agree with 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 Shane, seconded by Morrow, and unanimously adopted, itwas 22137 #03-26-2005 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Pefilion 2005-02-08-04 submitted by Steven Gluck requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a dental office on property located at 15552 Newburgh Road in the Southwest of Section 17, be approved subject to the following conditions: 1. That the Site Plan marked A+1 dated February 23, 2005, prepared by Guido Architects, is hereby approved and shall be adhered to; 2. That the Landscape Plan marked 42 dated February 23, 2005, prepared by Guido Architects, is hereby approved and shall be adhered to, except for the fact that a continuous row of evergreen trees, planted in a staggered line not more than 10 feet apart, shall be installed along the entire east property line; 3. That the height of the planted trees shall be measured from the lop of the root ball to the mid -point of the top leader; 4. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 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 Building Elevation Plans marked A-0 and A-5, both dated February 23, 2005, prepared by Guido Architects, is hereby approved and shall be adhered to; 7. That the brick used in the construction shall be full face 4 inch brick; 8. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 9. That the three walls of the trash dumpsler area shall be constructed out of the same brick used in the construction 22138 of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building, and the endosure gates shall be maintained and when not in use closed at all times; 10. That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan; 11. That the Developer shall submit for approval an ongoing mosquito control program, as approved by the Department of Public Works, describing maintenance operations and larvicide applications to the City of Livonia Inspection Department prior to the constriction of the stormwater retention facility; 12. That the owner shall provide annual reports to the Inspection Department on the maintenance and larvicide treatments completed on the stormwater detention pond; 13. That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 14. That the petitioner shall coned to the Fire Department's satisfaction the following as outlined in the correspondence dated March 7. 2005: That if subject building is to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feel from the Fire Department connection; That the 22 fool wide entrance drive be posted (both sides) "Fire Lane — No Parking'; That hydrant spacing in the commercial/retail grouping shall be consistentwith City of Livonia ordinances; That fire lanes shall be marked with freestanding signs or marked curbs, sidewalks, or other traffic surfaces that have the words "fire lane — no parking' painted in contrasting colors at a size and spacing approved by the authority having jurisdiction; 22139 15. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council; 16. That no LED lighlband or exposed neon shall be permitted on this site inducing, but not limited to, the building or around the windows; 17. That the landscaped greenbelts along the north and east property lines, as shown on the approved landscape plan, is hereby accepted and shall be substituted for the prolective wall required by Section 18.45 of the Zoning Ordinance; 18. That any change of circumstances in these areas containing the greenbelts resulting in a diminution of the greenbelt's effectiveness as a protective banner, the owner of the property shall be required to submit such changes to the Planning Commission for their review and approval or immediately construct the protective wall pursuant to Section 18.45; and 19. 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, 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 200442-08-22 ST. MARTINS COMMONS Ms. Smiley, Secretary, announced the next item on the agenda, a revision to Petition 2004-12-08-22 submitted by Schafer Development, on behalf of St. Martins Commons Condominiums, requesting approval to modify the plans approved for the proposed condominium development on property located on the north side of St. Martins Avenue between Middlebelt Road and Melvin Avenue in the Southeast %of Section 2. Mr. Miller: On February 9, 2005, this site received site plan approval (CR #40-05) to develop a multiple family condominium project on property located on the north side of Sl. Martins Avenue between Middlebelt Road and Melvin Avenue. The proposed 22140 development would be known as "St. Martins Commons Condominiums." The approved plan included six buildings, comprised of 12 condominium units each, for a total of 72 units. Each two-story building had an overall dimension of approximately 175 feel in length by 60 feet in depth. Buildings idenfifed as 2, 5 and 6 were oriented lengthwise from East to West, while Buildings 1, 3 and 4 were situated in the opposite direction, from North to South. Concerns were raised over vehicular access around each building, and the site as a whole. Roadways were available to all four sides of Buildings 2, 5 and 6, but were limited to only three side of Buildings 1, 3 and 4. As a result, dead-end drives were created between Buildings No. 3 and 4 and on the west side of Building No. 1. The revised plans shoe the same number of buildings and units, but with a slightly different building orientation and road configuration. The proposed layout provides vehicular access around each building. Buildings 1 through 4 would be oriented lengthwise from North to South and Buildings 5 and 6 are positioned from East and West. The development would still contain a total of 72 condominium units. Some units would have two -car garages and others just one -car. Because of the new arrangement, a majority of the garage doors would face St. Martins Avenue. In order to provide screening and to help soften the look, the pefifioner is proposing to install a two to three fool high landscape berm along the road right-of-way. The exterior elevations of the buildings would basically be the same as originally proposed with just a few ornamental changes. Mr. Walsh: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated March 1, 2005, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal at this time. Additional right-of-way is not required at this time. The detention facilities will require the approval of Wayne County." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated February 25, 2005, which reads as follows: "This office has reviewed the St. Martins Condominiums site revision plan submitted in connection with a request to construct a condominium development on property located on the north side of St. Martins Avenue between Middlebelt Road and Melvin Avenue. We have no objections to this proposal pending resolution of the items stipulated in our initial site plan review letter of December 14, 2004." The letter 22141 is signed by Donald F. Donnelley, Fire Inspector. The third letter is from the Division of Police, dated March 4, 2005, which reads as follows: "We have reviewed the revised plans in connection with the proposal for the St. Martins Condominiums. We have no further recommendations with the revised plans as submitted." The letter is signed by David W. Stuck, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated March 2, 2005, which reads as follows: "Pursuant to your request of February 23, 2005, the above - referenced petition has been reviewed. The following is noted. Although the continuity of the northerly access road is an improvement, the southerly access mad is now not continuous and will increase backing up, turning around, etc., which may not be as safe. This Department has no further objections to the petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Steven J. Schafer, Schafer Development, LLC, 25800 Northwestern Highway, Suite 720, Southfield, Michigan 48075. The plan on the bottom originally was the approved plan. What we've been able to do is reconfigure some of these buildings. Actually, we now have more green space on the plan and some thicker buffers against St. Martins Street. We have added a berm with substantial landscaping through that area. We also haw these common green areas now that weren't on the earlier plan. Also, these buildings now are further away from the homes, which at one point was a concern of some of the residents. The biggest plan change is that we have some two -car garages now, decreasing some of the impervious surface and less on -street parking as a result of that. If you have any questions, I'd be happy to answer them. One other thing I would like to comment on is the Building Department did have a comment that I hadn't heard until tonight, but this plan that we have up here tonight is vastly improved over the other because we did have ... I think there were four dead ends where now that's been eliminated on what would be the north end of the site. So if you have any questions, I'd be happen to answer them. Mr. Walsh: Are there any questions from the Commissioners? Mr. Pieroecchi: Mr. Schafer, I understand by looking at your latest plan here, which, by the way, it seems to get better and better with each presentation. Now there is access all the way around the buildings. 22142 Mr. Schafer: Yes. Mr. Pieroecchi: Every one you can get at. There's no stopping, backing up, no T? Mr. Schafer: No, these would be the entries into the individual garages but now we have complete circulation all the way around. We did meet with the Fire Department, and they were a lot more comfortable with this plan versus the earlier plan. Mr. Pieroecchi: If you recall, we were quite concemed about that. I'm sure each and every one of us looks forward to this plan, and we're grateful for the safety aspects that you were able to develop there. I know it look a lot of innovation, a lot of fresh thinking in order to gel this project the way it is, and with either enhancement, I think the people that will ultimately occupy these facilities are going to be very grateful to you. Mr. Schafer: Thankyou. Mr. Morrow: Mr. Schafer, I just want to be sure you dont want to revise it one more lime? Mr. Schafer: I promise I won't revise it one more time. We were hoping to break ground on it some time late spring or early summer. Mr. Morrow: I just want to echo what Mr. Pieroecchi said. This last revision, I think, touched a lot of bases. We kind of liked the plan before, but we like this one better. Mr. Schafer: Thank you. Mr. LaPine: I would like to thank Mr. Schafer. As you know, I voted against him. I was up at the Council when he submitted his plan that was approved by this Board, and the Council actually approved his original site. He could have went ahead and built it the way he had it, but he listened to some of our comments and went back and came back with what I think is a much, much better plan. I think we all appreciate it, and thank you very much. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, a motion is in order. On a motion by LaPine, seconded by Alanskas, and unanimously adopted, itwas 22143 #03-27-2005 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that a revision to Petition 2004- 12-08-22 submitted by Schafer Development, on behalf of Sl. Martins Commons Condominiums, requesting approval to modify the plans which previously received site plan approval by the City Council on February 9, 2005 (Council Resolution #40- 05), for the proposed condominium development on property located on the north side of Sl. Martins Avenue between Middlebell Road and Melvin Avenue in the Southeast % of Section 2, be approved subject to the following conditions: 1. That the Site Plan marked Sheet 1 dated January 10, 2005, as revised, prepared by Creative Land Planning Commission & Design, is hereby approved and shall be adhered to; 2. That the Landscape Plan marked Sheet LP -1 dated February 22, 2005, as revised, prepared by Nagy & Associates, is hereby approved and shall be adhered to; 3. That the Landscape Plan marked Sheet LP -2 dated February 22, 2005, as revised, prepared by Nagy & Associates, is hereby approved and shall be adhered to; 4. That the height of the planted trees shall be measured from the top of the root ball to the mid -point of the top leader; 5. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 6. 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; 7. That the Exterior Building Elevation Plan marked Sheet #4 dated December 24, 2004, as revised, prepared by Ronald E. Mayotte & Associates, is hereby approved and shall be adhered to; 8. That the Exterior Building Elevation Plan marked Sheet #4 dated September 21, 2004, as revised, prepared by Ronald E. Mayotte & Associates, is hereby approved and shall be adhered to; 22144 9. That the first floor of each condominium unit shall be brick or stone, on all four (4) sides, and the total amount of brick or stone on each two-story unit shall not be less than 65%; 10. That all exterior chmneys shall be brick; 11. That the brick used in the construction shall be full face 4 inch brick; 12. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 13. That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan; 14. That all light fixtures shall not exceed 20 feel in height and shall be aimed and shielded so as to minimize stray light trespassing across properly lines and glaring into adjacent roadway; 15. That the entrance marker shown on the approved Landscape Plan is hereby approved and shall be adhered to; 16. That the Master Deed and bylaws for this condominium development shall be submitted to the Planning Department within sixty (60) days of this approval; 17. That the specific plans referenced in this approving resolution shall be submitted to the hspection Department at the time the building permits are applied for, and 18. That all other condifions imposed by Council Resolution #40-05, which granted approval for the construction of a condominium development, shall remain in effect to the extent that they are not in conflict with the foregoing condifions. Mr. Walsh: Is there any discussion? 22145 Mr. Alanskas: I would just like to say to Mr. Schafer, to get Mr. La Pine to go from a no vote to a yes vote, you made the proper changes. Thankyou. Mr. Schafer: Thankyou. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. k9=1A43l9=kik Ole] �F*XarSQ97S1S�-1i 1=1 III 'Eel 1NMI Yj II III= Ms. Smiley, Secretary, announced be next item on the agenda, Petition 2005- 01-SN-01, 00501SN401, submitted by Shell Oil Products requesting approval for signage for the gas station located at 37449 Five Mile Road in the Northeast '% of Section 19. Mr. Miller: Shell is requesting approval to replace be existing signage of the gas station located on the southwest corner of Five Mile Road and Newburgh Road. According to the applicant, this new proposed signage is in accordance with Shell's re-imaging for all their stations. All the existing building and ground signage for this particular station would be replaced. This gas station has three functioning service bays in which vehide repairs are performed. What is permitted for a gas station is 100 square feet of wall signage, which includes all window signage and those attached to the building, and/or canopy facade. They are also allowed one ground sign not to exceed 40 square feet in area. The petition is proposing two wall signs on the building for a total of 19 square feel in area. This site also has two canopies on the site, and the petitioner is proposing a total of 91 square feet of sign area on the canopies. There is the Shell sign on the canopy and then a six inch illuminated red bar that runs along two of the sides of each canopy, for a total of 91 square feet. Adding that to the building signage, there is 100 square feet, so they meet the required square footage allowed for the building and canopy. Also, one of the canopies has a peak roof at this time. The petitioner is proposing to box in the top of the canopy to match the other existing canopy and also help display the new signage on this canopy. They are proposing a 43 square feel ground sign, which is three square feet in excess of what is allowed. Because the proposed ground sign is in excess of what is allowed by the Sign Ordinance, the applicant would need a variance from the Zoning Board of Appeals. The illuminated red bars that would wrap 22146 around two sides of each canopy consist of fluorescent lamps enclosed in plastic. All proposed signage would be internally illuminated except for the two wall signs on the building. Along with the signage, the applicant is also planning on repainting the building. The building would be painted white with dark gray trim. A note on the plan stales, "25% of the fascia length will be red and the remaining will be yellow' and points to the sign band across the front of the building. A small (&' x 11) color rendering has been submitted depicting the color scheme for this station. Mr. Walsh: Is there any correspondence? Mr. Taormina: There is one item of correspondence from the Inspection Department, dated February 16, 2005, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. (1) This petition as presented will require variances from the Zoning Board of Appeals for excessive signage. (la) The ground sign is allowed 40 square feet, as proposed, it is 42.64 square feet. (lb) The lettering, insignia, etc., on the fuel pumps is limited to 3 square feet for each pump. As depicted, this exceeds that figure. (2) All wall signage, window signage, canopy fascia signage and poster panel signage is limited to a maximum of 100 square feet, if the building has 50 lineal feet of frontage. As down, this petition is 93.5 square feet, which would leave only 6.5 square feet for any other type of signage in this class. (3) This site is currently providing `free air' to its customers. (4) The front and rear building fascia needs repairandpaint (5)Parkinginthelot needs to be double striped with proper barrier free striping and signage. (6) Theo is an unenclosed dumpsterin the rear. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Thiery Dechape, Tech Express, 16801 Newburgh, Suite 112, Livonia, Michigan 48152. Our firm has been involved in expediting the permits and trying to get the necessary public approvals. With me is Greg Ludwick. Greg Ludwick from Knoxville, Tennessee. I'm general contractor for Shell nationwide. Mr. Walsh: Is there anything you'd like to add to the description? 22147 Mr. Ludwick: No the descdpfion is really well. I understand everything, and we do this nationwide. There's going to about 80 sites in the general Detroit area that's being done. These sites were owned by Shell and have been sold to individuals. Most of them are the individuals that have been there for many years. One of the stipulations is, with the sale, that they upgrade to the new Shell look and bring it up to standards across the country, and also do some much needed renovation. So that is part of the sale. They do have a lump sum in there to do this. Anything that's above and beyond the normal image look will be something that will have to come out of the new owners' pockets. Mr. Walsh: Are there any questions from the Commissioners? Ms. Smiley: The repair of the front and rear of the building, and the painting and deaning up, is that something that is included in this? Mr. Ludwick: Yes, we will be repairing the building as needed, boards, things that are rotted, busted, and also we will be painfing he building top to bottom. Ms. Smiley: Oh, good. Mr. Ludwick: This is a white paint that is very strong and clean that is easy for them to maintain. They use it nationwide. It does have a gray base along the bottom. Its very nice looking, very bright looking, clean looking station. Mr. Alanskas: Sir, is that an oil base paint or is that a latex paint? Mr. Ludwick: It's on oil base paint, two part paint, epoxy type paint. Mr. Alanskas: So it can be washed? Mr. Ludwick: Yes, sir. It also revolts against petroleum products. If gas is spilled on something or whatever, it wouldn't deteriorate the paint. Mr. Pieroecchi: I have a comment, and I know I speak for my colleague over here, Bill La Pine, but I'll let him speak for himself. Why do you need so much signage? You know, BP has changed all their signs. They're very small. Mr. Ludwick: The actual signage on this site we're looking at ... first of all, the food mart and the snack shop . . . or the snack shop 22148 lettering and the service lettering fiat's on the building ... those are very small. The colors are actually what tell people at a Shell station what it is. The food marts or snack shops are always blue and yellow. At a glance, you can tell that it is a food shop or a snack shop. The service is gray and yellow. But the words themselves are very small. The sign out front, the pole sign, free-standing sign, we're just re -facing what's there mostly for economic reasons. We are putting the Shell logos on the canopy, which basically currently right now on these canopies there is a Shell logo and also a Shell pecten, the Shell look itself. So we're actually reducing the amount of signage. They are considering the light bar, which is an accent -like stripe that goes around the canopy as signage, and that's what is really running numbers up. That light bar is merely just a way of lighting the canopy up at night so you can get a glow of the yellow canopy. It's not very bright. It is a fluorescent bulb, unlike neon or anything like that. But it also has a little bit of down lighting to help with traffic and lighting up the station at night so that people can see where they're going. It makes it a little more safety conscious so the surrounding people will be able to get in. Mr. Pieroecchi: I dont want to have an adversarial relationship over signs, and I hale to use BP again. Mr. Ludwick: No problem. Mr. Pieroecchi: But you know, you've got three different ... you said earlier this is going to be like the standards for your signage for around the country? Mr. Ludwick: Yes, sir. This is nationwide. Mr. Pieroecchi: But I don't understand then why one of them has a 63 square fool ground sign and the other two are 43 square feet if you're standardizing. Mr. Ludwick: It's just because we're re -facing what's there. If we put in a new sign, of course we could change the sizes of signs and things, but your economics, it's so much more expensive to put in new foundations, poles and put in a brand new sign, where if you're taking the existing cabinet... Mr. Pieroecchi: You're replacing all the ground signs, aren'tyou? 22149 Mr. Ludwick: No, we're just re -facing it. All we're pulling in is new faces and repainting the cabinet that's already there. Mr. Piercecchi: Is there any reason why you can't meet our ordinances? Mr. Ludwick: We would have to put in a brand new sign then, and its just economics. Mr. Piercecchi: So. Mr. Ludwick: We could look at that and see if that's ... I mean, its just an economic thing. It's just a matter of costing these new owners a lot more money that what theyve predicted or needed out of R. Mr. Piercecchi: But if other companies can meet our standards, I don't see why Shell ... Mr. Ludwick: If this were a new station, that wouldn't be a problem at all. We are meeting all the sign requirements except for the pole sign if I'm not mistaken here. Mr. Dechape: Right. That particular sign is 2.6 square feet over and it is ... Mr. Piercecchi: You're pointing three feel over on ... of course, we'll get to that later. But I thought earlier in your remarks you said these are going to be like standards for all your stations, and I want to point out that ... Mr. Ludwick: The standard look and the standard type of signage is standard across the market. There are different sizes for different markets. Of course, there are several signs in different areas that have high rise signs. There are also monument signs. There are different types of signs. This is one of the smallest signs, and this is just one that was of like size, and being just a Idtie over 2 feet. Mr. Dechape: The physical size of the sign is 2.6 square feet over the maximum required. If you take a look at the actual configuration of the sign on Sheet A-1 that came along with the plans ... Mr. Piercecchi: You're talking about the one that's been brought up right now on Five Mile Road. That's the one you're talking about right now? You said 46 feet. That's what your monument sign is right now. Mr. Ludwick: Actually, that is a brand new monument sign there. That one is a brand new at this site. 22150 Mr. Piercecchi: Well, how did you get it in with 46? Mr. Ludwick: Basically, they make two sizes of monument signs without being something custom. This one here is one of the smallest. We do have one a little bit smaller than that and we can do that, but the numbers and things will be so small, it will be hard for.. . Mr. Piercecchi: Well, we like them to meet our standards. When you come right down to it, what the people look for is the pricing on the signs. Mr. Ludwick: That's correct. Mr. Piercecchi: You can do all you want, but its the price that brings ... today especially, brings people into your stations. Mr. Ludwick: Right. I agree to that. Thats not an issue. We were just trying to stay as close as we could and get the maximize amount of signage for each site, and this one being only 2 fool over, was so close, and we reduced the amount of site signage drastically from what was there before. Mr. Piercecchi: I wont dominate the conversation. Mr. LaPine: Number one, are these the only three Shell stations in Livonia that you will be doing? Mr. Ludwick: Correct. Mr. LaPine: There's only three of them? I guess my position is, seeing that there's only three, and seeing that they are all Shell stations, I'd like to see the signage the same on every station. Otherwise, whatever signage is on the station on Five Mile, the same should be on Six Mile and the same should be on whatever the other one is. To me, that makes sense. Now, you're saying at the Five Mile location, you're putting a new ground sign in. Is that correct? Mr. Ludwick: Yes, the Five Mile is a new sign. Yes, sir. Mr. LaPine: You keep talking about the cost and everything here. Why can't we get a new sign at the Six Mile location so that all the signs are exactly the same size, the free standing signs, and all the signage on the canopies and on the pumps are all the same? So if you went to any three stations in Livonia, everything would be the same. 22151 Mr. Ludwick: We can't do that. Right now, two of them are the 5A x 8 foot signs, and then we have one that is proposed as a larger sign. If the City likes, we could take them all to the same. Mr. LaPine: That's what I would like to see. I would like to see them all the same size. Let me ask you one other question. On the one sign you have in town, you've have the word "Subway' on there. Is that something that Shell allows these stations to do, put other things on the sign? Mr. Ludwick: They do allow it if it is a leased space. If the gas station is leasing an area of that space to Subway, that is allowed. I don't believe any of these have Subway on it, so they will no longer have it. Mr. LaPine: The one on Six Mile and Farmington does. Mr. Ludwick: They are leasing space, so they will have it on that one, I'm Sony. Mr. LaPine: What's that V power? Mr. Ludwick: V power is their brand of premium gas. It is a clean gas. It is a clean burning gas, and it is a nationwide name they're using for their premium gas. Mr. LaPine: It's nolgoing to have a price panel for it? Mr. Ludwick: No, sir. They just advertise that they sell that premium gas there. It will only be a one price sign. Just the regular price will be posted. Mr. Shane: A question for Mr. Taormina. If Shell Oil Company wanted to only change the face of the free-standing sign, would that still come before us? Mr. Taormina: Typically, if it only involves a modification to the message itself, its not something that is reviewed. But in the context of this project where it was indicated that this is a replacement free- standing sign, then certainly that's within your purview to require that it be in full conformance, and also in consideration of the review of the other items or the elements of the sign package on the building. And I do have one question, Mr. Chairman, if I may at this time. 22152 Mr. Taormina: Taormina: A question to the contractor regarding the lighting. I think there's a notation on the plan that indicates you will enclose the old light well. What does that refer to and does that impact the canopy lighting at all with the fascia being installed on the canopy? Does that actually conceal any of the lighting that's beneath the canopy? Our concern is that it not only be properly lit, but also that there not be any glare from the canopy lights. If this will allow them to be recessed underneath the lower part of the fascia, then I think that would be a positive improvement to the plan. Mr. Ludwick: The actual light well was actually a built in step around the canopy that had just exposed fluorescent light bulbs that shone down and you could actually see them from the street at certain levels. It was a distraction to a lot of the public, but it did provide a down lighting around the canopy. The new light bar is basically taking that place and doing the same thing. It will shine some light up on the canopy, yet also shine some light down, but it is a covered light system, so it is not an eyesore or a distraction to anybody driving by. It doesn't shine out into the people's eyes. It glows red out. But everything else, the clear light does shine down. As far as dosing up the light well, basically the material we use to wrap these canopies is an ACM aluminum composite material which is used nationwide on canopies. That material will actually dose in that light well so you have a nice clean smooth face ofthe fasia. Mr. Taormina: Is that the only means by which there is illumination on the pump area? Mr. Ludwick: You'll still have the canopy deck lights. All those stay there. This is just the perimeter lighting only. Mr. Taormina: There's no change to the deck lights? Mr. Ludwick: No change to the deck lighting at all. Mr. Morrow: What is the square footage ofyour standard size signs? Mr. Ludwick: Actually, we have a whole family of signs here, but as far as monument signs go, which is basically what we're looking at in this area, which are the smaller square signs, they make actually three sizes. They make a 4x8 monument, which is the smallest. 22153 Mr. Morrow: And what is the square footage on that? Mr. Ludwick: The square footage of 4x8 is 32 square feet. Mr. Morrow: Okay. Mr. Ludwick: It is a double sided sign, of course, and then the next one is a 5'4x8 fool, which is what we're proposing here. Mr. Morrow: Which is two square feel roughly over? Mr. Ludwick: Exactly. Its 42.6 square feet. Mr. Morrow: Okay, and then the other one ... Mr. Ludwick: From there we have a larger sign which is 8x12 foot monument, which is a very large, 96 square fool type sign. Mr. Morrow: I just happen to use Shell products, and one thing I'm always having a hard time seeing is the price of the gasoline as I go by without driving into somebody else. Mr. Ludwick: Right. Mr. Morrow: As one commissioner, without incurring a lot of expense to the new proprietors, you would have to go down to 32 square feet. Right? Mr. Ludwick: Yes, sir. That is correct. Mr. Morrow: If we could agree to around a 42 square fool sign for all three locations, as one commissioner, I could support that, but you would have to ... if I did prevail, you would have to go to the ZBA for approval. Mr. Ludwick: Right. And then, of course, we would like to do that, the reason being because the things are so much more readable on that sign. The 32 square fool is just really hard to read at any distance at all. Mr. Morrow: I get the feeling that once you start getting into custom signs, the cost of the product goes up. Mr. Ludwick: M goes way up, yes, sir. That's coned. Before we would make a custom sign, we would rather put the Iitllesl one in there. 22154 Mr. Morrow: I'm sure the new operator wouldn't be too happy with it. Mr. Ludwick: Exactly. Mr. LaPine: I can go along with what Mr. Morrow says. My whole contention was, I wanted to make sure every station had the same size sign. I think that just makes for good continuity throughout the whole city with all the Shell sites, and that the rest of the signage, that each one of these stations is basically the same too. That's all I'm interested in. Mr. Pieroecchi: They will sti l have to go to the Zoning Board for the 42, won't they? Mr. Walsh: Yes, Mr. Mor ow had indicated that. Mr. Pieroecchi: Okay. You say that all the other lighting is the same. How many square feet are you going to have for all three of the stations? Two of them meet the 100, and one does not. Mr. Ludwick: That is cored. We will take that sign and also go ahead and lower it. Mr. Pieroecchi: The reason why it doesn't make it is because of the two Subway signs, which are 45 square feel. Is that going to be remedied then down to 100? Mr. Ludwick: We will take it down to the 100. Yes, sir. Mr. Walsh: Mr. Taormina, did you have a question? Mr. Taormina: Is the spacer panel going to be utilized by the co -brand? Mr. Ludwick: It will not. The spacer panel is required by Shell, and what that does is keep somebody from driving down the road from trying to gel the messages so close together and mixed up and harder to read. Shell requires a blank to be in between them to separate any information so that it's easier for the customer to read going down the road. Mr. Taormina: What is it between? I see it's below the pecten, and I'm just wondering what it separates. Mr. Ludwick: Basically, it's required underneath every pecten. Most of the signs when Shell does them, they are the vertical signs, and it's 22155 just the normal pattern. Any lime you have a pecten, Shell requires a blank below it, and it just makes it stand out a little bit more, makes it cleaner. Mr. Taormina: I see. Mr. Walsh: Are there any questions from the Commissioners? Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one from the audience coming brward, a motion would be in order. On a motion by Piercecchi, seconded by Morrow, and unanimously adopted, it was #03-28-2005 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2005-01SN401, submitted by Shell Oil Products requesting approval for signage for the gas station located at 37449 Five Mile Road in the Northeast % of Section 19, be approved subject to the following conditions: 1. That the Sign Plans marked Sheets 41, A-2 and A-3 all dated September 15, 2004, prepared by Tech Express, are hereby approved and shall be adhered to, except for the following: - That the ground sign shall not exceed 42.6 square feet in area or exceed 12 feet in height and shall have a minimum setback of 5 feet from any right -0f way lines; 2. That all wall signage shall be in conformance with the ordinance and that the ground sign is subject to the approval of the Zoning Board of Appeals for excessive sign area; 3. That all signage shall not be illuminated beyond one (1) hour after this business doses; 4. That no exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 5. That any additional signage shall come back before the Planning Commission and City Council for their review and approval; 22156 6. That all site landscaping shall be brought into compliance; 7. That the petifioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated February 16, 2005: - That the front and rear building fascia shall be repaired and painted; - That the entire parking lot shall be deaned up, repaired, resealed and doubled striped; - That all handicap spaces shall be identified and comply with the Michigan Barrier Free Code; 8. That the site's trash dumpster shall be enclosed and the three walls of the trash dumpster area shall be constructed out of the same material as the service station or in the event a poured wall is substituted, the wall's design, texture and color shall matdi that of the building and the endosure gates shall be maintained and when not in use closed at all times; and 9. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for. Mr. Pieroecchi: And Mr. Chairman, should it be stated in here that No. 9 will be in compliance with all canopy and building signage shall be in conformance with the ordinance, meaning 100 square feet maximum? Mr. Walsh: I think we've covered that in Item ... all the signage has to be in conformance with Item 2. Mr. Morrow: They will have to go to the Zoning Board of Appeals forthe 2.6? Mr. Pieroecchi: The only one that goes to the Zoning Board of Appeals ... Mr. Morrow: I'm talking about the ground sign. Mr. Pieroecchi: Well, the ground sign, yes. Mr. Morrow: I'll support that. 22157 Mr. Walsh: I think we can add that. Otherwise, I'm confident that we've covered the ground in the existing eight conditions, Mark, unless you're telling me we're missing something. Mr. Taormina: Yes, we can actually modify Condition 2 to read something to the effect that "all wall signage shall be in conformance with the ordinance and that the ground sign is subject to the approval of the Zoning Board of Appeals" Mr. Pieroecchi: That's what I wanted for Condition 9. Mr. Morrow: I support it. Mr. Walsh: We have support from Mr. Morrow. Mr. LaPine? Mr. LaPine: No, I agree. 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 PETITION 2005 -01 -SN -02 SHELL OIL - PLYMOUTH Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2005- 01-SN-02, 00501SN-02, submitted by Shell Oil Products requesting approval for signage for the gas station located at 36420 Plymouth Road in the Southwest'% of Section 29. Mr. Walsh: Mr. Miller, is there anything in particular on this you'd like to cover? Mr. Miller: No. Its basically the same as the previous petition. Mr. Walsh: Is there any correspondence on this? Mr. Taormina: There is one item of correspondence from the Inspection Department, dated February 16, 2005, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. (1) This petition as presented will require variances from the Zoning Board of Appeals for excessive signage. The ground sign is allowed 40 square feet. As down, it is 58+ square feet. (2) All wall signage, window signage, canopy fascia signage and poster panel signage is limited to a maximum of 100 square feet if the building has 50 lineal feet of frontage. As drawn, this is at the 22158 maximum for all available signage. No other poster signage, window or wall signage would be allowed. (2a) The lettering, insignia etc. on the fuel pumps is limited to three square feet to each pump. As depicted this exceeds that figure. (3) The mar and front fascia and wall needs repair and paint. (4) The free air is out of order at this station. (5) Dumpster is in mar unenclosed. (6) There is an unlicensed vehicle parked behind the station and debris and five feet tall weeds at rear wall. (7) The ice machine is damaged and has been hit several times. (8) There is a satellite dish exceeding 24 inches on the building without permit or review. This Department has no further objections to their petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Are there any questions from the Commissioners? Mr. LaPine: I have one question. Nowadays, gas stations are not gas stations anymore. Theyre food marts. Now they get into restaurants, Subways, donuts, etc., etc. Seeing that these are now owned by individuals, what policy does Shell have for the future if a station decides they want a canyout restaurant, a Subway or donuts and coffee and things of that nature, and they want additional signage. How will Shell Oil handle that with the individuals? Mr. Ludwick: Shell has a stnct policy on their signage, their main ID sign. They would have to follow those rules and regulations. Al this particular place, there's really not going to be room for any extra signage. Anything they would do outside of that, they would have to come and apply for a difference sign permit and treat it as a separate identity. Mr. LaPine: So you don't have any control over that. Your only control is over anything that says Shell Oil or anything of that nature? Mr. Ludwick: What goes on that actual Shell sign ... so they would either have to conform with that Shell sign thats there or apply for a brand new sign with the City of Livonia and try to put up a second sign or whatever. So that would be a totally separate thing. Mr. LaPine: Seeing that you put these signs up throughout the country, do you find that's the trend throughout the country where the food marts and the small restaurants are going inside all these restaurant? 22159 Mr. Ludwick: By all means, especially new facilities. That's where it's at. We do work for not only Shell, but we do work for all the different oil companies across the country, and that is the way it happens on new sites. Mr. LaPine: Thankyou. Mr. Taormina: With respect to the concem outlined in the letter from the Inspection Department on the landscaping issues, will those obligations be on the part of the owner/operator or as part of this improvement? In other words, is that something that the contractor will bring in to compliance and then bill the operator for those expenses, because we're going to induce certain conditions that probably fall outside of your contractual obligation between the corporation and the franchise owner. How is that going to be addressed because I'm going to ask the Commission to include as a condition of all three of these that the landscaping be brought back up to the standards of the original approved site plan. Mr. Ludwick: Shell has set aside a certain amount of money in this transaction. That money will be used totally for this renovation into the Shell program. Once it hits that limit, then Shell will have to work out directly with the owner what it will take to bring R up to speed. Mr. Taormina: To the extent that you're the permit holder, though, and that certain improvements need to be bonded, how will that be addressed? Mr. Ludwick: That will be addressed, exactly. We will be ones to be closing out the permits at the end. It will have to be done under our deal. Before we proceeded and got everything done and completed, it would be an agreement between Shell and the new owner - exactly what expenses would be incurred by who so that way we would know who is going to be responsible in the end. Of course, ultimately we will be responsible to make sure everything gets done correctly. Mr. Taormina: Thankyou. Mr. Walsh: Are there any more questions or comments. I will go to the audience just in case, but I don't expect anyone out there. A motion in order. 22160 Ms. Smiley: I'll make the motion, but Mark, what's the wording on the neon shall landscaping that needs to be included? Can you help me with permitted on this that? Mr. Taormina: We can embody it within Condition 6 and probably the second limited to, item 'that the trash and debris strewn about the site shall be building or around cleaned up" I think I'm reading the same one. This is Item #5. windows; And that all landscaping be brought up to the standards as approved on the original site plan. Ms. Smiley: All landscaping brought up lo... Mr. Walsh: The site plan as originally approved. Mr. Morrow: We will also have to freshen up that ground sign. This is the one we're going to go to 42.6 as opposed to 40. On a motion by Smiley, seconded by LaPine, and unanimously adopted, it was #03-29-2005 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2005-01Sh402, submitted by Shell Oil Products requesting approval for signage for the gas station located at 36420 Plymouth Road in the Southwest % of Section 29, be approved subject to the following conditions: 1. That the Sign Plans marked Sheets A-1, A-2 and A-3, all dated September 15, 2004, prepared by Tech Express, are hereby approved and shall be adhered to, except for the following: That the ground sign shall not exceed 42.6 square feet in area or exceed 12 feet in height and shall have a minimum setback of 5 feet from any right-0iway lines; 2. That all wall signage shall be in conformance with the ordinance and that the ground sign is subject to the approval of the Zoning Board of Appeals for excessive sign area; 3. That all signage shall not be illuminated beyond one (1) hour after this business doses; 4. That no exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 22161 5. That any additional signage shall come back before the Planning Commission and City Council for their review and approval; 6. That the petitioner shall correct to the Inspection Department's satisfaction the following as outlined in the correspondence dated February 16, 2005: - That the existing guardrail shall be weather coaled; - That trash and debris strewn about the site shall be cleaned up and all landscaping be brought up to the standards as approved on the original site plan; - That light pole on the south side of the south Farmington Road approach shall be replaced; - That the entire parking lot shall be cleaned up, repaired, resealed and doubled striped; - That all handicap spaces shall be identified and comply with the Michigan Banner Free Code; - That the rear building fascia shall be repaired and weather coated; - That the site's landscaping shall be reestablished and thereafter permanently maintained in a healthy condition 7, That the site's trash dumpsters shall be enclosed and the three walls of the trash dumpster areas shall be constructed out of the same material as the service station or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use dosed at all times; and 8. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department atthe time the sign permits are applied for. Mr. Walsh: Is there any discussion? 22162 Mr. Shane: For a point of information, unless I'm reading this wrong, Item 2 seems to conflict with Item 1 because in Item 1 we say the sign can be 2.6 square feet larger than the ordinance allows. Item 2 says it's got to be 40 square feet essentially. It says brought into conformity. That sounds to me like it conflicts. Mr. Taormina: I think what we can do is use the same condition #2 that we used in the first resolution to address that. Mr. Walsh: If we could, that would be great. If there are no more questions Mr. Alanskas: Are any of these stations have 24-hour service? Mr. Ludwick: I do not know, sir, to be honest with you. Mr. Alanskas: Because if they are, then we don't need Condition #2 regarding closing your sign one hour after closing if they dont close. Mr. Ludwick: Most Shell stations are open 24 hours unless its a service center, which these lend to be service centers, so I really can't answer that right now. I'm sorry. Mr. Alanskas: Okay. 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 #6 PETITION 2005 -01 -SN -03 SHELL OIL -6 MILE Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2005- 01-SN-03, 00501SN403, submitted by Shell Oil Products requesting approval for signage for the gas station located at 33422 Six Mile Road in the Northeast % of Section 16. Mr. Walsh: Mr. Miller is there anything you need to add to this pefifion? Mr. Miller: No. Mr. Walsh: Mr. Taormina, is there any correspondence that needs to be read into the record? Mr. Taormina: There is one item of correspondence from the Inspection Department, dated February 16, 2005, which reads as follows: 22163 "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. (1) This petition as presented will require variances from the Zoning Board of Appeals for excessive signage. (a) The ground sign is allowed 40 square feet, as proposed it is 42.64 square feet. (b) All wall signage, window signage, canopy fascia signage and poster panel signage is limited to a maximum of 100 square feet, if the building has 50 lineal feet of frontage. As drawn, this petition exceeds the 100 sq feet allowed. (c) The lettering, insignia etc. on the fuel pumps is limited to 3 square feet to each pump. As depicted this exceeds that figure. (2) This station is charging for the compressed air it provides its customers. (3) The existing guardrail needs to be weather coated. (4) There is trash and debris strewn about the lot, especially to the rear of the station. (5) The light pole on the south side of the south Farmington Road approach is damaged and needs to be replaced. (6) Two dumpsters are outside, not in enclosures. (7) Parking in the lot needs to be double striped with proper barrier free parking striped and signed. (8) The rear of the building needs maintenance and weather coating. (9) The lot is in poor repair. It will need repair and/or resurfacing. (10) The landscaping need maintenance. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Are there any questions from the Commissioners for the petitioner? Mr. La Pine: I just have one question. Maybe Mark can answer this or the petitioner. This is a location where they have two Subway signs: one 25 square foot on the northeast section and one on the northwest side of the building. Now would they have to be eliminated? Remember I asked at the study session? I thought they got a variance and then I understand that did not happen. Mr. Taormina: I believe that if the signage as it exists today is in conformance, then that's not something that we would have any history of the Zoning Board action, but as noted here, with the changes, they are going to exceed the wall sign allowance. It either has to be reduced to comply, possibly by eliminating one of those Subway signs or approved bylhe ZBA. Mr. La Pine: Excuse me for interrupting, but they could keep one of these Subway signs or both as long as they are within that 100 square foot limitation we're giving them. Is that correct? 22164 Mr. Taormina: That is correct. I don't believe there is a limitation on the number of identification signs. Again, this is a content neutral sign package so we really don't have any concem on what the message is, justthe total amount of signage. Mr. La Pine: Going back to the other question about the flee air, can we include that in our motion that the air has to be free because they've been charging for air? We can't do that? Ms. Smiley: How much is that? Mr. La Pine: But the other two, the Inspection Department didn't indicate that they were charging for air, so we assumed they're not charging for air. Mr. Taormina: The first one that I think he noted did provide free air. The second one, I think he said that the air was broken. And this one, he indicates in his letter that they are actually charging for the air. Mr. La Pine: I think you're right. I think we have an ordinance that says all stations have to supply free air. Thank you. Mr. Piercecchi: But Mark, no matter what signage is, what generates it, they have a limit of 100 square feet. Is that corect? Mr. Taormina: The total of the signage provided cannot exceed 100 square feet and that includes all the wall signage on the building as well as the canopy fascia signage. Mr. Piercecchi: They can put a Subway right on their main deal. Thais what the people look at. They look at how much the gasoline costs and its silting right underneath it. So they don't really need it on the building. In fact, it used to be pima place. I don't know if they had any signs. Mr. Ludwick: There's one on the front and one on the side of the building. The one on the side of the building will be removed. The one on the front of the building will be slightly smaller than the existing one there. And then including the Subway sign and all the rest of the signage that's on there, our total proposed signage is 101.75 square feet. This is the only one of the three signs which is just a hair over the requirement. Mr. Piercecchi: There shouldn't be any problem gefling rid of 1.75, should it? 22185 Mr. Ludwick: No,lsuppose.... Mr. Piercecchi: C'mon. C'mon, guys. Mr. Dechape: (inaudible) ... length of the beam and then having the light bars extending ... we can go ahead and lop off 1.75 lineal feet. Mr. Piercecchi: Are you sign people or are you employees of Shell? Mr. Dechape: We're solely here as architects worlting as consultants lo... Mr. Piercecchi: You're sign people and consultants. You dont work directly for Shell? Mr. Dechape: We work with planning and zoning and ... Mr. Piercecchi: But you dont get your paycheck from Shell? Mr. Ludwick: I'm a general contractor. They hired us directly to do that. Mr. Piercecchi: So you're from Shell but... Mr. Ludwick: But I'm not. Mr. Piercecchi: Okay. I just wanted to know that. Not that it matters. Mr. Walsh: Mr. Piercecchi, let's return. Sir, did you have a comment? Mr. Dechape I wanted to be able to make that point, that the one Subway sign had been removed from the side of the building. We just have the one on the front, and inducing that Subway sign and the balance of our side, we end up being at 101.75 square feet down from an existing 118 squarefeet. Mr. Ludwick: And that includes all the light bars. They're counting that as signage loo, which is ... I mean, if you didn't count a lot of our signage, itwould be so much lover. Mr. Dechape Out of the 40 sites we've had to work on, this is the only community that has induced that light bar as signage. I wanted to discuss also the details on the canopies. I realize that the detail of the canopy that's showing on CA -3 does give dimensions of the overall detail, but if you take those dimensions, this section on top of the balance is roughly 7 square feet all by itself. If you actually consider what proportion of that is signage, which I believe you would agree would be this 22166 small sea shell and the text "quality fuel", the number 8 here, direction signage as far as any direction sign we would use, and then as far as the other signage on here, we have "quality fuel" and once again and the sea pecten. That's basically reassurance to the customers when they head to the site and they pull up to the pump that they weren't really paying that much attention as they pulled into it, that when they get to the pump, theyll know that they re going to be able to be good Shell customers and use a Shell credit card. We would ask that any review and interpretation of the plans, that rather than considering the rough dimensions of the overall stickers that go on the particular pump, if you would consider just the portion of the sign which is the portion of the appearance of the dispenser that qualifies as actual signage or actual advertising or whatever you want to call it. We would like very much to be able to maintain the same graphic representation on the dispensers for the benefit of the customers, and I would like you to consider that on these three stations in light of the comments that were made by the Planning Commission. Thank you very much. Mr. La Pine: If I'm understanding you right, are you saying that the signage that you just talked about, the 7 feel and the 8, that's not included in the 100 square feel? Is that what you're telling us? Mr. Dechape According to Council, we have from the Commission is that three square foot of signage is permitted per pump. Mr. La Pine: Okay. Mr. Dechape: This particular balance detail, the overall detail is 12 inches by 87 inches, but that's wrapping from the middle of this end of the dispenser to the other end. If you lake that in all together, its roughly 7 square feet. Mr. LaPine: Let's get a clarification, Mark. Mr. Taormina: The pump island insignia and other signage is not computed as part of the 100 square foot allowance for the wall and canopy fascia signage. It's a separate item in the ordinance. The two previous resolutions were silent on this issue. He can take that to the Inspection Department and make his argument. I dont think the Planning Commission has concerns relative to whether or not he has three square feet or three and half square feet or part of it is directorial in nature and can be waived. This is signage that is limited just to the pump. Its not really designed to attract attention to passerby traffic. So I think that we handle 22107 it the same in all three cases. Let the Inspection Department determine whether or not it's in compliance. In the end, if they determine that its not, I don't think our approval should necessarily restrict him from going to the ZBA and seeking an additional half a square foot orwhatever it ends up being. Mr. La Pine: I just wanted a clarificafion, and that's fine. I have no problem with that. Just one other question. Do any of these three stations have ATMs? Mr. Dechape I believe one may, but... Mr. Ludwick: I'm pretty sure the one with the Subway does have it in, but Mr. Morrow: There are some other, you know, Inspection Department items thatwe should probably make sure go into the resolution. Mr. Pieroecchi: Yeah, that's got to be included. Mr. Alanskas: We can add that to that. Mr. Pieroecchi: They are all the same except the Inspection report. Mr. Shane: Move the prepared resolution. On a motion by Alanskas, seconded by Shane, and unanimously adopted, it was #0330-2005 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2005-01SN-03, don't know that for sure. Mr. LaPine: So now they may have a sign for an ATM on there someplace. Mr. Ludwick: Most ofthem post it inside. Mr. Walsh: Are there any other comments or questions for the petitioner? I'm going to assume no one in the audience has any comments on this. A motion would be in order. Mr. Alanskas: I would make it a public record that we just approve this as the other two pertaining to all the approving resolutions. They are all the same. Mr. Shane: I will support it. Mr. Walsh: It took a few long resolutions for us to realize we could do that. Mr. Morrow: There are some other, you know, Inspection Department items thatwe should probably make sure go into the resolution. Mr. Pieroecchi: Yeah, that's got to be included. Mr. Alanskas: We can add that to that. Mr. Pieroecchi: They are all the same except the Inspection report. Mr. Shane: Move the prepared resolution. On a motion by Alanskas, seconded by Shane, and unanimously adopted, it was #0330-2005 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2005-01SN-03, 22168 submitted by Shell Oil Products requesting approval for signage for the gas station located at 33411 Six Mile Road in the Northeast Z of Section 16, be approved subject to the following conditions: 1. That the Sign Plans marked Sheets A-1, A-2 and A3 all dated September 15, 2004, prepared by Tech Express, are hereby approved and shall be adhered to, except for he following: That the ground sign shall not exceed 42.6 square feet in area or exceed 12 feet in height and shall have a minimum setback of 5 feet from any right-0iway lines; 2. That all wall signage shall be in conformance with the ordinance and that the ground sign is subject to the approval of the Zoning Board of Appeals for excessive sign area; 3. That all signage shall not be illuminated beyond one (1) hour after this business doses; 4. That no exposed neon shall be permitted on this site, including but not limited to, the building or around the windows; 5. That any additional signage shall come back before the Planning Commission and City Council for their review and approval; 6. That the petitioner shall correct to the Inspection Departments satisfaction the following as outlined in the correspondence dated February 16, 2005: That the front and rear building fascia shall be repaired and painted; That the entire parking lot shall be deaned up, repaired, resealed and doubled striped; That all handicap spaces shall be identified and comply with the Michigan Banner Free Code; 7. That the site's trash dumpster shall be enclosed and the three walls of the trash dumpster area shall be constructed out of the same material as the service station or in the 22169 event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the endosure gates shall be maintained and when not in use closed at all times; 8. That all site landscaping shall be brougN into compliance; and 9. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department allhe time the sign permits are applied for. Mr. Walsh, Chairman, dedared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. This concludes the Miscellaneous Site Plan section of our agenda. We will now proceed with the Pending Item section of our agenda. These items have been discussed at length in prior meetings; therefore, there will only be limited discussion tonight. Audience participation will require unanimous consent from the Commission. Will the Secretary please read the next item? ITEM #7 PETITION 2005-01-08-02 SARAH ESTATES Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2005- 01-08-02, 00501-08-02, submitted by Sarah Estates Site Condominiums Phase II, requesting approval of a site plan required by Section 18.62 of the Zoning Ordinance in connection with a proposal to construct a site condominium development on property located at 34745 and 34655 Eight Mile Road in the Northwest % of Section 4. Mr. Miller: This item was tabled at the February 8, 2005, regular meeting. The Planning Commissioners were apprehensive about approving this site plan without some assurances that the adjacent property to the east (Lot 14) was not being landlocked and would be provided with adequate access so that it might be developed in the future. They also had difficulty with only one means of entering and exiting the sub, especially by way of a busy street like Eight Mile Road. The revisions to the site plan submitted February 28, 2005 provide two alternative road layouts in order to accommodate the future development of the adjoining land to the east. The first Layout Plan assumes residential zoning for Lot 14 in its entirety. It shows two stub streets — one that terminates at the midpoint of the north half of 22170 #0331-2005 RESOLVED, that the City Planning Commission does hereby recommend that Petition 2005-01-08-02, submitted by Sarah Estates Site Condominiums Phase II, requesting approval of a site plan required by Section 18.62 of the Zoning Ordinance in connection with a proposal to construct a site condominium development on property located at 34745 and 34655 Eight Mile Road in the Northwest % of Section 4, be removed from the table. Mr. Walsh, Chairman, dedared the motion is carded and the foregoing resolution adopted. Lot 14 and the other that terminates at the midpoint of the south halt of Lot 14. The second Layout Plan differs to the extent that assumes the north half of Lot 14 will ultimately be rezoned to OS, Office Services, and therefore does not require access from Sarah Estates. It shoes a stub street just to the lower half of Lot 14. Mr. Walsh: Mr. Taormina? Mr. Taormina: There is no additional correspondence, but as a point of clarification, in our report relative to Alternate Plan B, this does not preclude the future development of Lot 14 as being all residential. While the stub street providing access to the southerly half of Lot 14 would suggest a continuation of that street to the east for the purposes of residential development, the absence of a similar stub street to the north half of Lot 14 doesn't guarantee that the site would be rezoned to Office. Thafs something that will be taken up by the Council tomorrow evening. If they do decide to rezone that property to OS, then this issue is moot. On the other hand, if they decide to go along with the Planning Commission's recommendation and rezone all of Lot 14 to R-0, then even under this design, development is possible via a split of the northerly half into two residential building sites. I just wanted to point that out that it doesn't guarantee or doesn't preclude that northerly half from being developed as residential. Mr. Walsh: Mr. Miller, we did table this, correct? Mr. Miller: Yes. Mr. Walsh: So we will need a motion to remove this from the table. On a motion by Shane, seconded by Alanskas, and unanimously adopted, it was #0331-2005 RESOLVED, that the City Planning Commission does hereby recommend that Petition 2005-01-08-02, submitted by Sarah Estates Site Condominiums Phase II, requesting approval of a site plan required by Section 18.62 of the Zoning Ordinance in connection with a proposal to construct a site condominium development on property located at 34745 and 34655 Eight Mile Road in the Northwest % of Section 4, be removed from the table. Mr. Walsh, Chairman, dedared the motion is carded and the foregoing resolution adopted. 22171 Mr. Walsh: Are there any questions from the Commissioners? Mr. Alanskas: To the staff, would it be prudent for us to wait until the Council makes their vote on what they're going to do with the OS to the residential before we pass this? Mr. Taormina: That's only if the Council believes that their action, one way or the other, is going to influence your decision on the approval of the site plan. If you approve the plan as presented here and the Council decides to follow the Planning Commission's original recommendation on the zoning, I guess the question is it then absolutely necessary that we go back to the first altemative which provides a stub access to the north half of Lot 14. Of course, the Council can ultimately choose to approve whichever plan they prefer. Mr. LaPine: Mark, just one darificafion. No matter which way the Council goes, am I guaranteed that I'm going to get that road going out to Gill Road, all the way out? Mr. Taormina: No. Its not guaranteed until a plan is approved for the development of that land to the east. It's an indication of what the City would like to see. What we can do, although it would be something that would take a while, is amend our Transportation Plan to show the continuation of a road to Gill from this location. Mr. LaPine: 1, for one member, want to make darn sure that somewhere along the line somebody won't change their mind again and decide they're not going to put that road out there. The only way I know to guarantee it is to put it in a motion that guarantees me that I know that road is going to go through. Mr. Walsh: I don't think we can do that, Mr. LaPine. Mr. Pieroecchi: I don't think so either. Mr. Walsh: I think the best we can do is approve or disapprove this site plan. Mr. LaPine: Then I'll have to vote against it. Mr. Shane: It seems to me the best we can do is provide the opportunity by leaving that stub street there. Mr. Morrow: Is this Plan B what we're going to consider approving tonight? 22172 Mr. Walsh: That's subject to whether a motion is put foM. Mr. Morrow: Well, that's what I mean. I mean we're not looking at Plan A, or are we suppose to choose between A or B? Mr. Taormina: Yes, I would suggest that the Planning Commission, if they want to act on this petition this evening, select either site plan, not both. Mr. Morrow: Okay. I would like to hear from the petitioner somewhere down the line. Mr. Walsh: If there's no other questions for the staff, why don't we go ahead to Mr. Baki? Sam Baki, Sarah Estates, LLC, 20321 Shadyside, Livonia, Michigan 48152. Good evening. The two plans I submitted to show the alternatives ... plus we have the first one that we submitted prior to that. The more probable and the best layout that we found that will do this project good and the future of the road to go to Gill Road, Plan B. As you notice, Plan A shows the property next door, which is the properly east which is in question. If you do two stubs like it shows right now, the southern part of Plan A, the upper lot on the southern stub, are only 110 feet deep because we will have deficiencies in the actual depth to have two stubs. We have 600; we need technically around 620 to make it work because any time you back into Eight Mile, you need the 30 foot buffer, which is on the north area. We accommodated everything we needed to accommodate it to work it. If it goes R-4, then the southern part is deficient by about 20 feel. So some of these lots are going to be deficient for R-4. That's why we prefer Plan B, Mich is with one stub. As you notice on Plan B, the southern part has 320 feet. So technically the northern part is only 280 in depth instead of 300, so we couldn't divide it in half. So this way we will make the lots fully compatible to R4 without any problem. Plus that shows the two cul-de-sacs almost symmetrical for the whole development. Now the question about the stub going out, our intention is 100 percent to put that stub in there the way the Commission will approve, if they approve Plan B, because this is the one we really like the most. The property to the east, his intention is to sell us the rear property. We have a contract with him, but his contingency is for him to gel his office zoning on the north. If he doesn't, he was not going to sell us the southern part so we will not be able to stub it out. We can stub it out the 22173 way we shay it, but we're not going to be able to go Gill Road to finish up Phase 3, which is our intention from the beginning. We already talked to all the neighbors off Gill Road to run the road out. So Plan B is the best to make it work and hopefully tomorrow the City Council will approve him for an Office so we can proceed with the continuation all the way to Gill Road. On the other hand, if the Council chooses bmorrow night to go all RA, still it does not alleviate from this development to go in the same way as Plan B because the southern lots have an access already. The northern lots, he still has an option of having ... he still has an access for two homes facing Eight Mile since he has the width to accommodate for two homes on Eight Mile. So he still won't be landlocked. The landlocked area is the southern part, not the northern part. So its still feasible for the other owner to do whatever they want i he doesn't sell us the southern half. Mr. LaPine: Okay, let's assume for a minute that he wants OS but it goes to R4. He holds onto it, and he puts two lots on it with entrances off Eight Mile Road. I think that lot is 155 feet. Mr, Baki: 155, yes. Mr. LaPine: If he has two houses, that means two driveways. Mr. Baki: Yes. Mr. LaPine: Is he going to have enough room there to put a circular drive, because I can'lsee anybody backing out into Eight Mile Road. Mr. Baki: He'll have enough room to do whatever circle drive he wants inside. Wayne County will not allow cirde driveways anymore toanymajorroads. That's been out forthree, fouryears. Mr. LaPine: Is that right? Mr. Baki: Yes. That's what we had to do on Seven Mile Road. We had to make one drive. One of the homes, since you have the depth of 300 feet, you can move the house back. One of the homes on Seven Mile, when I built it for one of the clients, we did a circle drive inside their property, then they came out with one driveway. Mr. LaPine: I dont care how he does it. Mr. Baki: No, I'mjust saying, there's options, yes. 22174 Mr. LaPine: There's options. Okay Mr. Walsh: Are there any questions from the Commissioners? Seeing none, is there anybody in the audience that would like to speak for or against this petition item? No one is coming forward. A motion would be in order. On a motion by Shane, seconded by Morrow, and unanimously adopted, it was #0332-2005 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2005-01-08-02, submitted by Sarah Estates Site Condominiums Phase II, requesting approval of a site plan required by Section 18.62 of the Zoning Ordinance in connection with a proposal to construct a site condominium development on property located at 34745 and 34655 Eight Mile Road in the Northwest % of Section 4, be approved subject to the following conditions: 1. That the Master Deed and bylaws for this condominium development shall be submitted to the Planning Commission and City Council within sixty (60) days of this approval; 2. That the first floor of each condominium unit shall be brick or stone, on all four (4) sides, and the total amount of brick or stone on each two-story unit shall not be less than 65%; 3. That all exterior chimneys shall be brick; 4. That the brick used in the construction shall be full face 4 inch brick; 5. In the event of a conflict between the provisions set forth in the Master Deed and bylaws and the requirements set forth in the City of Livonia Zoning Ordinance No. 543, as amended, the Zoning Ordinance requirements shall prevail and petitioner shall comply with the Zoning Ordinance requirements; 6. That the petitioner shall include language in the Master Deed and bylaws or a separate recordable instrument wherein the condominium association shall reimburse the City of Livonia for any maintenance or repair costs incurred for the storm water detenfion/retention and outlet facilities, and giving the City of Livonia the right to impose liens on 22175 each lot owner's properly proreta and place said charges on their real estate tax bills in the event said charges are not paid by the condominium association (or each lot owner) within thirty (30) days of billing for the City of Livonia; 7. That all required cash deposits, certified checks, irrevocable bank letters of credit ancVor surely bonds which shall be established by the City Engineer pursuant to Article XVIII of Ordinance No. 543, Section 18.66 of the ordinance, shall be deposited with the City prior to the issuance of engineering permits for this site condominium development; 8. That the Site Plan marked C-1 dated January 31, 2005, as revised, prepared by Landmark Engineering Company showing a total of 35 lots and a single stub street abutting the southern half of lot 14 of the Fairway Subdivision, is hereby approved and shall be adhered to; 9. That the Landscape Plan dated January 26, 2004, prepared by Unique Builders & Developers of Livonia, is hereby approved and shall be adhered to; 10. That the height of the planted trees shall be measured from the top of the root ball to the mid -point of the top leader; 11. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 12. 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; 13. That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan; 14. That the petitioner shall cored to the Police Department's satisfaction the following as outlined in the correspondence dated January 28, 2005: - That a stop sign shall be erected for vehicle exiting Sarah Beth Lane onto Eight Mile Road; 22176 That a street light shall be installed at the intersection of Sarah Beth Lane and Eight Mile Road; That street lighting be installed throughout the complex; That sidewalks be installed throughout the complex; 15. That the petitioner shall correct to the Fire Departments satisfaction the following as outlined in the correspondence dated February 1, 2005: That if any of subject buildings are to be provided with automatic sprinkler systems, hydrants shall be located between 50 feet and 100 feel from the Fire Department connections; That adequate hydrants shall be provided and located with spacing consistent with residential areas; most remote hydrant shall flow 1,000 GPM with a residual pressure of 20 PSI; That all cul-de-sacs shall be 50 feet with a minimum right-of-way radius of 60 feet to provide for sidewalks and utilities; and 16. That the specific plans referenced in this approving resolution shall be submitted to the hspection Department at the time the building permits are applied for. Mr. Walsh: Is there any discussion? Mr. Taormina: I want to take exception to the last item on Condition 15 wlth respect to on -street parking. These streets are built to standards that would allow on -street parking, so I think we should strike that. Mr. Walsh: Mr. Shane was lulled by the preceding 14 conditions. Is that fine with the two of you? Mr. Morrow: I concur. Mr.Shane: Yes. Ms. Smiley: That was my question also. I don't know why they cant park in the streets. 22177 Mr. Morrow: I thought there was some reason for it, but there's none. Mr. LaPine: I'm going to vote for the proposal because I've got nothing against Sarah Estates and what he's trying to building there. I think it's a good plan. He's building some beautiful homes in the $500,000 bracket, but my position has not changed on Lot 14, that it should be zoned only R4. Mr. Alanskas: I just want to ditto what Mr. LaPine said. I'm still not comfortable voting tonight not knowing what the Council is going to do because I certainly don't want to see the OS go into that top section. Are you comfortable with Plan B, Mr. Taormina, as stated tonight? Mr. Taormina: Yes, I am. Mr. Alanskas: You are. Okay. Thank you. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Oh, we did that. I was lulled to sleep. I apologize. Ms. Smiley: These are long. 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 #8 PETITION 99-02-08-08 FOUNTAIN PARK Ms. Smiley, Secretary, announced the next item on the agenda, Petition 99-02- 08-08, submitted by A.F. Jonna Development on behalf of Fountain Park, requesting approval of all plans required by Section 18.47 of the Zoning Ordinance in connection with a proposal to modify the plans approved for the development located on the northeast comer of Plymouth Road and Farmington Road in the Southwest %of Section 27. Mr. Walsh: May I have a motion to remove this from the table? On a motion by Alanskas, seconded by Shane, and unanimously adopted, it was #03-33-2005 RESOLVED, that the City Planning Commission does hereby recommend that Petition 99-02-08-08, submitted by A.F. Jonna 22178 Development, on behalf of Fountain Park, requesting to modify the plans which were previously approved by Council Resolution #523-01 on August 13, 2001, in connection with the development located on the northeast corner of Plymouth Road and Farmington Road in the Southwest % of Section 27, be removed from the table. Mr. Walsh, Chairman, declared the motion is canned and the foregoing resolution adopted. Mr. Miller? Mr. Miller: The petitioner has submitted a revised plan. He is now proposing to develop this portion of Fountain Park as originally approved with two buildings. The larger building of the two retail buildings would be 12,639 square feet in size. According to the doors shown on the elevation plans, it could accommodate approximately eight tenants. The smaller building would be 5,287 square feet in area and possibly could be divided into four tenant spaces. There would be a 20 -fool wide walkway between the two buildings. This corridor would be landscaped and include a courtyard with benches. The greenbelt behind the buildings would be approximately 13 feel wide and bermed to a height of 3 feel and planted with four Japanese flowering crab trees as well as a number of compact European cranberry bushes. The rest of the site's landscaping would remain as originally proposed. The new elevations of the proposed buildings are very similar to what was originally approved for Building B and C. The architectural elements from the specific design criteria for Fountain Park have been incorporated into the buildings. The asphalt shingled roof would encompass the entire top of the building and would have dormers and sided chimneys. The walls of the buildings would be back on all four sides with a cast stone base. Other elements include decorative lintels, multi -paned windows, and metal seam canopies over the windows and doors. Mr. Walsh: Is there any correspondence? Mr. Taormina: We have one new item of correspondence dated March 4, 2005, from the Plymouth Road Development Authonty, which reads as follows: "In connection with the above -referenced petition, the Plymouth Road DevelopmentAuthority at their Board meeting of February 18, 2005, reviewed the proposed plans for the Fountain Park Retail Center in detail with the project architect. At the conclusion of the meeting, the Board members voted to support the proposed development for the reason that the revised plans were found to be fully consistent with the 22179 Mr. Pieroecchi: Oh previously approved plans for this project. The revised plans were consistent with respect to site layout, site landscaping, building architecture and building materials selected. The Board members also expressed a high degree of confidence that the new development company, A. F. Jorma, has the experience and is committed to do a fine job on this project by his willingness to conform to the high standards envisioned for Fountain Park." The letter is signed by John J. Nagy, PRDA Director. Mr. Walsh: Is the pettioner here this evening? Arkan Jonna, A. F. Jonna, 4036 Telegraph Road, Suite 201, Bloomfield Hills, Michigan 48302. Good evening. I believe Scott and Mark covered just about everything that needs to be. If there are any questions, I'd be more than happy to respond. Mr. Pieroecchi: I have just one question. We generally try to get all the chimneys in brick. Are these commercial sites going to have brick chimneys or wooden? Mr. Jorma: Right now, they are planned to be wood, I believe. Mr. Pieroecchi: Is that a problem? It looks so much more rugged and substantial. I don't know what the durability of that wood is over the long haul. It's really a new feature that's come along. Mr. Jorma: I'm just thinking about the structural aspect. This is on lop of a mansard that's not going all the way down. The stability of building structurally, putting all that weight up on the roof, I guess we could look at it. This is a mansard. It's not going all the way down. Mr. Piercecchi: What goes down to the floor? Something's got to get from the floor. You've got a power plant there right? Mr. Walsh: Mr. Pieroecchi or Mr. Jonna, these are not real chimneys. Mr. Jorma: No, theyre not real chimneys. Mr. Walsh: Theyre not operable chimneys. Mr. Jorma: No, they're fake chimneys. Mr. Pieroecchi: Oh 22180 Mr. Morrow: They're just architectural enhancements. Mr. Pieroecchi: You guys are losing me here. Mr. Walsh: These are not workable chimneys. These are just enhancements to the building. Mr. Jorma: Just architectural features and they're silting on a roof deck. Thars why I hesitated for a second. In the back of my mind, I was thinking how am I going to supportthis. Mr. Pieroecchi: In my house, the chimney goes from the basement tothe roof. Mr. Jorma: Mine also. Mr. Pieroecchi: Okay. Well, I understand. Mr. Alanskas: On the separated building, you're showing a green roof and the other one you're showing brown. They're not consistent. Why is that? Mr. Jorma: Thais what was asked of me to do. That was on the previous plan. Mr. Alanskas: With different color roofs? Mr. Jorma: They are trying to get more distinction between the two buildings. Mr. Alanskas: But they were different color roofs, Mark? Mr. Taormina: Yes. Mr. Alanskas: Okay. Thankyou. Mr. Morrow: As I recall, the rear doors on your stores . I think it was indicated they stand out a little bit more. You indicated they would be painted the same color as the brick. Mr. Jorma: Yes, they will be, sir. Mr. Morrow: They won't stand out. They will more or less blend into the ... Mr. Jorma: It will be the same color as the bricks. Mr. Morrow: All up and down the line there. Thank you. 22181 Mr. Shane: I don't have a question, Mr. Jonna. I just want to say thank you for stepping up to the plate and bringing this back to where it was before. I think we're all delighted. Mr. Jorma: I appreciate that. You know just one comment. I came into this project not knowing that the architecture had to be a part, the same architectectuml features that were there before. So I came into this and did my own plan trying to do whatever I thought was the right thing. After I was told that you got two gentlemen that know how to twist anus real easy like. Ms. Smiley: Enforcers. Mr. La Pine: I loo want to thank you for coming back with the plan. But as you well know, this has been a very controversial location for us. One of the big items is the type of stores that are going in there. We have a number of letters here from a couple civic associations. When this originally came in, we were led to believe we were going to gel Starbucks and a nice ice cream parlor. It was like a local place where people could go and gather and sit outside and eat and things of that nature. Now, I know that we can't pin you down. Probably you don't know what stores are going here at this point. But do you have any idea? Are you going to try to keep to what was originally told us that we thought was going to go in there? Mr. Jorma: I dont have any tenants right now. I can tell you that's why Steve Schafer and the Thomas and the George family brought me in because this is what I do. I do this repeatedly over and over again. Just convenience, neighborhood, well located, real pretty type shopping centers. I cant tell you for sure, but what you're asking for will 99 percent right now happen. That's what I do. With the type of tenants you're talking about is exactly who I go after. Mr. La Pine: If I may, Mr. Chairman? Mr. Walsh: Sure. Mr. LaPine: Mr. Morrow, one city councilman and I went alt and checked three of your locations as you told us. And we were, to be quite honest with you, not very impressed with the tenants you had in there. Mr. Jorma: Which ones did you go see? 22182 Mr. La Pine: We went to Square Lake and... Mr. Morrow: The one off M-5. Mr. LaPine: They were typical, a pima place, a small little restaurant, a telephone place. Typical things we find in all our strip malls in Livonia. Our envision of this location was more upscale than those types of things, and we're hoping that's what we're going to gel. That's all I'm aslang, to do the best you can. I cant tell you what to put there. You've got to rent the buildings. You've got to pay for them. You're going to do what you have to do, but that's what we envisioned. That's what we're hoping for. Mr. Jorma: You didn't think that Square Lake and Woodward had upscale tenancy, or Long Lake and Telegraph? Did you go to Long Lake and Telegraph? Mr. LaPine: Yeah, we went to three different locations. Mr. Jorma: You didn't think that was upscale? Mr. LaPine: In our opinion. I mean, the upscale I'm talking about, what we were told we were going to get here. Mr. Jorma: I wasn't here at that time. Mr. LaPine: I understand that. That's why I'm saying we can't hold you to that. There's no way we can tell you what to bring in. You're going to bring in what you bring in. Just try to get the best you can get for us. That's all we're aslang. Mr. Jorma: Absolutely. Ms. Smiley: I really like what you did with expanding the greenbelt and putting that landscaping in the back. Its really going to be very nice. Mr. Jorma: Thank you very much. Mr. Walsh: Are there any comments from the audience this evening? Raymond Grix, 11716 Farmington Road. Good evening. We're in Building #2 of the Fountain Park condominium complex. We are the building that directly faces the back of the proposed retail property. Some of the concerns that I am here to address ... I assume 22183 from the stipulations that have been in other approvals tonight that such things as the garbage dumpsters will be brick enclosed for these locations. You indicated there are no tenants committed at this point. I know that they indicated from what I've read in articles in the Livonia Observer that there's a potential for a restaurant in the location and I'm concemed. Is it going to be something along the lines of a Big Boy that's going to be a limited hours type thing? In others words, not a 24 hour. Are we right to be assuming something like this? Mr. Walsh: Mr. Jonna, unless you have anything else to add, you don't have any specific tenants in mind? Mr. Jorma: I wish the newspaper would call and ask me. I didn't even know the article was in the paper. I don't have any tenants whatsoever right now. Mr. Grix: Okay. Mr. Jorma: I can't see a 24-hour tenant being at this location within this shopping center. Mr. Walsh: Thankyou. Mr. Grix: Another concern would be the delivery hours. We have the Walgreens store now. Again being in that building, I know from experience since I'm on that side of the building, that their deliveries come at 5:30 on Saturday morning. Would there be the opportunity to provide for stipulating delivery hours during say 9 to 5 as opposed to all hours day and night, and maybe another point, too, is delivery vehicle traffic. Would that be entering and exiting from Plymouth Road and not using the residential road which part of the complex? I know it's designed to be separated, but with the construction traffic that's been going on within the thing, we've had a lot of traffic back and forth on the road that parallels the front of the unit and exits onto Farmington. I'm concerned about if we have heavy truck traffic, heavy tmdc delivery, whether they are going to be required to use an entrance and exit off of Plymouth Road rather than using that road that's really part of the residential rather than the retail part of the complex. Mr. Walsh: We don't have anything in the resolution at present, Mark, but aren't we able to . . . can we add any time parameters for deliveries? 22184 Mr. Taormina: Well, we can. What's difficult is communicating that to the people who make those deliveries. We've seen it time and again that placing restrictions on delivery hours is difficult to enforce. I think this is really a question for Mr. Jonna knowing the plan as it's been laid out and some of these concerns as expressed by this gentleman. Is it possible to restrict any deliveries from the rear of the property? I think you've indicated previously that from a practical standpoint, that really isn't designed to be a delivery area at the rear. I dont know if you can impose any restrictions either by designing the site or something else that might address this gentleman's cencems. Mr. Jorma: I can address both. I think as far as delivery, I think I can use 8:00 in the morning if that's good for you. I can make it part of my lease arrangements and just put restrictions on the tenants that they not have any deliveries prior to 8:00 and nothing later than S00 in the evening. Again, its enforcement. If a guy gets there at 7:30, what are you going to do to him? You know? Mr. Gnx: Well, as I say, the concem being like with Walgreens. We know and we've been there long enough now that we're starting to sleep through it, but you do hear it every Saturday morning at 530. Mr. Jorma: I can do that with 8:00. The access drive is not designed, this thing is not designed so that trucks park in that access drive because simply if they do park back there, there's no way to get to the rear of the building. So that the area that's designated for delivery is probably the best area along the eastern or even the western access drives if they don't want to park in their designated area. That's where they're going to park their trucks. If they park over by where your home is, there's no way to get ... you look at that landscape area to the north, there's no way to gel through there. It's bermed so if they want to make a delivery, they've got to walk around the vhole thing. So the most convenient way to do that is to park either on the western eastern access drive or in the delivery area itself. Mr. Grix: So then the building would be basically abutting the bermed area? Mr. Jorma: Yes, there's a sidewalk adjacent to the building and then the bermed area. Mr. Grix: It's not a traffic area for deliveries, etc.? 22185 Mr. Jorma: No, no. There won't be. You can see that there's no way to easily gel to the back of the stores from that access drive that abuts to your property. I think that was done deliberately so that it doesn't conflict. It minimizes the traffic that goes in front of your home. Mr. Grix: Okay. Thankyou. Mr. Walsh: A motion is in order if there are no other questions or comments. On a motion by Morrow, seconded by LaPine, and unanimously adopted, it was #0334-2005 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 99-02-08-08, submitted by A.F. Jonna Development, on behalf of Fountain Park, requesting to modify the plans which were previously approved by Council Resolution #523-01 on August 13, 2001, in connection with the development located on the northeast comer of Plymouth Road and Farmington Road in the Southwest % of Section 27, be approved subject to the following conditions: 1. That the Site Plan marked Sheet SP dated March 2, 2005, as revised, prepared by Aserm & Associates, is hereby approved and shall be adhered to; 2. That appropriate recordable legal instrumentation, such as a cross parking agreement, that gives notice and outlines the terms of how the subject properly(s) would share parking, be supplied tothe City; 3. That the Landscape Plan dated November 30, 2004, prepared by Calvin Hall & Associates, is hereby approved and shall be adhered to; 4. That the height of the planted trees shall be measured from the lop of the root ball to the mid -point of the top leader; 5. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 6. 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 22186 Department and thereafter pernanentiy maintained in a healthy condifion; 7. That the Exterior Building Elevation Plan marked Sheet A-2 dated March 2, 2005, as revised, prepared by Aserra & Associates, is hereby approved and shall be adhered to; 8. That the brick used in the construction shall be full face 4 inch brick; 9. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 10. That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times; furthermore, service of this dumpster shall be done during normal business hours; 11. That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan; 12. That all light fixtures shall not exceed 20 feet in height and shall be aimed and shielded so as to minimize stray light trespassing across properly lines and glaring into adjacent roadway; 13. That the petitioner shall cored to the Fire Department's satisfaction the following as outlined in the correspondence dated December 17, 2004: - That if the subject building is provided with an automatic sprinkler system, hydrants shall be located between 50 feet and 100 feet from the Fire Department connections; - That access around the building shall be provided for emergency vehicles with turning radius up to 55 feet wall to wall and a minimum vertical clearance of 13 feet 6 inches; 22187 That hydrant spacing in the commercial/retail groupings shall be consistentwith City of Livonia ordinances; That fire lanes shall be not less than 20 feet of unobstructed width, able to withstand live loads of fire apparatus, and have a minimum of 13 feet 6 inches of vertical clearance; That fire lanes shall be marked with freestanding signs or marked curbs, sidewalks, or other traffic surfaces that have the words "fire lane — no parking' painted in contrasting colors at a size and spacing approved by the authority having jurisdiction; That the east and west access drives shall be marked as fire lanes; 14. That the petitioner shall coned to the Police Department's satisfaction the following as outlined in the correspondence dated December 28, 2004: That all handicap spaces shall be identified and comply with the Michigan Banner Free Code and Livonia aty Ordinance; That slop signs be installed at the east and west exits of the parking lot for vehicles exiting to the access drive; 15. That only conforming wall signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Planning Commission and City Council; 16. That a Master Sign Plan establishing ground signage for the entire Fountain Park development shall be separately submitted for review and approval by the Planning Commission and City Council; included in the application shall be the location and graphics of each Business Center Sign, all identification signs and any directional signage; 17. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 22188 18. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department atthetimethe building permits are appliedfor, and 19. That all other conditions imposed by Council Resolution #523-01, which granted approval for the commeroial portion of Fountain Park, shall remain in effect to the extent that they are not in conflict with the foregoing conditions. Mr. Walsh: Is there any discussion? Mr. Shane: I'd like to add that service of this dumpsler shall be done during normal business hours to Condition 10. Mr. Alanskas: After you go to Council, when are you going to brake ground for this? Mr. Jorma: When is Council? The next couple weeks? Mr. Alanskas: Three weeks. Mr. Jorma: Will you accept construction drawings prior Council? Mr. Miller: No. Mr. Alanskas: But you'll start probably May or June at the latest? Mr. Jorma: At the latest, yes. Mr. Alanskas: Thankyou. Mr. Walsh, Chairman, dedared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#3 APPROVAL OF MINUTES 901" Public Hearings and Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 901s' Public Hearings and Regular Meeting held on March 1. 2005. On a motion by Piercecohi, seconded by Shane, and adopted, it was 22189 #0335-2005 RESOLVED, that the Minutes of 901" Public Hearings and Regular Meeting held by tie Planning Commission on March 1, 2005, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Pieroecchi, Shane, Alanskas, La Pine, Smiley NAYS: None ABSENT: None ABSTAIN: Alanskas, Walsh Mr. Walsh, Chairman, declared the mo0on is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 902n° Regular Meeting held on March 15, 2005, was adjourned at 10:00 p.m. CIN PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: John Walsh, Chairman