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HomeMy WebLinkAboutPLANNING MINUTES 2006-08-1523436 MINUTES OF THE 930TH REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, August 15, 2006, the City Planning Commission of the City of Livonia held its 930" 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 La Pine R. Lee Morrow H. G. Shane Carol A. Smiley Ian W lshaw John Walsh Members absent: None Mr. Scott Miller, Planner III, was 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 tum, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has 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 oflhe proceedings tonight. ITEM #1 PETITION 2006-07-0843 LIVONIA MANOR CONDOS Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2006-07- 08-13, submitted by Crosswinds Court Subdivision, Inc., on behalf of Livonia Manor II Site Condominiums, requesting approval of the Master Deed, bylaws and site plan required by Section 18.62 of the Zoning Ordinance in connection with a proposal to construct a condominium development on properties located at 31700 and 31750 Seven Mile Road in the Southeast % of Section 3. 23437 Mr. Miller: This petition involves a request to develop a ste condominium project on properly located on the north side of Seven Mile Road between Auburndale Avenue and Merriman Road. The subject site consists of two adjoining parcels, 31700 and 31750 Seven Mile Road. Each parcel presently has a single-family house located on it. The two lots have a combined total frontage of 303 feel along Seven Mile Road by a depth of 820 feel, for a combined total area of 5.70 acres. Immediately east of the subject site is a single parcel that is zoned RUFB (Rural Urban Farm). This piece of properly contains a single-family residence and a dog kennel facility. Further to the east are three parcels that were recently approved (CR 519-05) for the development of a site condominium project known as 'Livonia Manor Site Condominiums." This first Livonia Manor development consists of twenty-six (26) condominium lots and a street that extends approximately 650 feel north from Seven Mile Road and then turns towards the west and terminates at its western boundary. Because of the road's distance, City Council required a "T" turnaround be installed. Livonia Manor II is proposing a similar road layout that would somewhat mirror that of the eastern development. The aligned stub streets would allow for their continuation and linking should the single parcel between the two condominium subdivisions be developed. The subject properly is in the process of being rezoned (Pel. 05-09- 01-11) from RUFB (Rural Urban Farm) to Rl (Single Family Residential). The Planning Commission, after holding a public hearing on October 25, 2005, recommended approval of the requested rezoning. Following a public hearing, the City Council gave First Reading on the requested rezoning at its June 26, 2006, Regular Meeting. Second Reading and a Roll Call Vole 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 properly will be rezoned to R7. According to the submitted documentation, the proposed development would be known as "Livonia Manor 11 Site Condominiums' and consist of twenty-one (21) condominium units that would all front on a proposed new street. The right-of-way would be 50 feel in width rather than the standard 60 feel. The new street would extend approximately 650 feet north from Seven Mile Road and would then tum towards the east and terminate at the eastern boundary of the subject project. The stub street would conclude without any type of permanent or temporary turnaround. As mentioned above, City Council required a "T" turnaround for the first Livonia Manor development because of the distance of the road. The plan also shows a 50 -foot wide access easement between Lots 1 and 2. This easement would allow a short road to be installed should the lower half of the single parcel to the east ever be developed and divided. An Rl zoning district 23438 requires each lot to have a minimum land area of 7,200 square feet, a minimum lot width of 60 feet, and a minimum lot depth of 120 feet. All the proposed condominium lots of Livonia Manor II meet or exceed these lot size requirements. In accordance with the requirement that the width of lots platted with a side yard abutting a major thoroughfare shall be increased by at lead 30 feel, the two proposed lots siding to Seven Mile Road (Lots 1 and 21) would be 90 feel in width. With respect to the existing houses on the subject parcels, the plan indicates that the home on 31700 Seven Mile Road would remain and be incorporated into the new development's layout. The existing house would occupy Lot 3. No information has been submitted in regard to what modifications, if any, are planned in order to adjust or adapt the existing structures to a new orientation, facing the new street rather than Seven Mile Road. The other existing house would be tom down. A development of this size is required to provide 15,120 square feet of open space for recreation. Between Lots 18 and 19, the site plan shows a common area of only 11,692 square feet in size. Because of the deficiency, City Council would have to waive the open space requirement. The site plan shows a 30 -foot wide greenbelt along the development's Seven Mile Road frontage. No information as to how this area would be fashioned, including if it would be bermed or what type of landscape materials would be installed, has been submitted. The storm water system would be handled underground on the open space lot. Mr. Walsh: Mr. Miller, I know we have several items of correspondence as well. Mr. Miller: There are three items of correspondence. The first item is from the Engineering Division, dated July 10, 2006, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the legal description contained therein. With the verification of the sanitary sewer, we we no additional dght-0f-way requirements for this site and we have no other objections." The letter is signed by James Zoumbaris, Superintendent of Public Service. The second letter is from the Livonia Fire & Rescue Division, dated August 2, 2006, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct a site condominium development on properties located at the above -referenced addresses. We have no objections to this proposal with the following stipulations: (1) Any curves or comer of streets shall accommodate emergency vehicles with a turning radius of fifty- three feet wall-to-wall and an inside turning radius of twenty- nine feet six inches. (2) An approved turnaround for fire 23439 apparatus shall be provided where access is dead -ended and is in excess of 150 feet in length. The turnaround shall have a minimum turning radius of fifty-three feet wall-to-wall and an inside turning radius of twenty-nine feet six inches. The authority having jurisdiction shall approve the grade, surface, and location of the fire lane. (3) T or Y turnaround arrangements shall be permitted. (4) Please submit a revised site plan to this office wdh the stipulated changes." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Inspection Department, dated July 11, 2006, which reads as follows: "Pursuant to your request of July 6, 2006, the above -referenced petition has been reviewed. The following is noted. (1) The north and south street is listed as Canterbury Drive. As there is already a Canterbury in Livonia Manor 1, this street name may need to be changed to prevent confusion. (2) At 720 square feet of open space per lot (unit), this site would require 15,120 square feet, 11,692 square feet has been provided. Council may waive this provision. 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 for the staff? Mr. LaPine: Yes. The 50 fool wide access easement, what is that for? I don't understand what that is for. Mr. Miller: On the plan, that's the shaded area here. Mr. LaPine: Yes, I understand that. Mr. Miller: If that property to the east is ever developed, you would need that to split the lots here. If not, you'd only be able to do a road across here with a lot to the north, a lot to the south, and then one big lot that would front off of Seven Mile Road. With this road, you could divide the lot more proficiently. Mr. LaPine: So the owner of this property is making this available to whoever buys the property next door, which would probably be the guy that owns it now, but that's not here nor there. The other question I have, on Lot 3 where the existing house is, is that house going to stay? Mr. Miller: Yes, that house will stay. Mr. LaPine: That's what I thought. Okay. Thank you. 23440 Mr. Morrow: Does the site plan satisfy the Fire Department's requirementfor a or a Y' turnaround? Mr. Miller: No, it does not show one. The petitioner will either have to revise it when he goes to Council, which he did on the original Livonia Manor to the east. We approved one without it, and then when he went to Council, he had to put in a'7 turnaround, so he will probably revise his plans to satisfy Council. Mr. Morrow: So it will be there by the time it gets to Council? Mr. Miller: It will have to be there, yes. Mr. Walsh: Is the petitioner here this evening? Terry Sever, 34436 Beechwood, Farmington Hills, MI 48335. I came before you, it's almost a year now, but I think it was back in the fall of Iasi year, to begin this process. If you could show the site plan, I'll just make a few comments. When we were here, the Commissioners passed it but gave some comments with regard to some of the things they'd like to see. One of the things they preferred to see is closed retention rather than an open retention, which we've done. One of the compromises we've made through the process with regard to the properly east was, in fad, the easement. When it was originally shown to the Planning Commission conceptually, the property to the east, which is about 120 feel in width, would have had two curb cuts to the front in order to develop it in the future if that owner sold it, and then the street would be connected at the north end, which would allow them four lots. But by putting in the easement, what it does is eliminate the curb cuts off of Seven Mile and provides for the opportunity for that individual or someone in the future to extend that road on the easement, create a cul-de-sac and actually end up with four lots rather than two that would come off at Seven Mile. So from our original proposal, this actually worked out and has improved in terms of access to Seven Mile Road in the future. And this is what we proposed to the City Council at the time they moved it forward with the First Reading. Mr. Walsh: Are there any questions from the Commissioners? Mr. Alanskas: Sir, are you the petitioner or is Mr. Soave the petitioner? Mr. Sever: I petitioned representing the owners. Mr. Soave is now the owner. I continued in the process and I'm representing Mr. Soave. 23441 Mr. Alanskas: The reason why is because I see on the plant list, it says landscape plan for Mr. Leo Soave. Mr. Sever: Yes. Mr. Soave is Crosswinds Court Subdivision, Inc. Mr. Alanskas: Okay. Thank you. Mr. Wilshaw: Mr. Sever, right now, when the first part of the development was made to the east, there was an agreement made with the homeowners that abut that property that ranch homes would be developed only alongside the existing R-1 homes that are behind it so that they didn't have large colonials overlooking them, that type of thing. You abut a street to the west and also a street to the north. There's a number of homes that you're going to abut with this development. Are you going to do the same type of agreement where you're only going to put in ranch homes? Mr. Sever: I've never represented that from the beginning of the process. I'm not sure. I am a realtor. I sell homes. I'm not sure that this property from a market standpoint would warrant that many ranches. On his other site, he had benefit of the ranches, or the property that was abutting existing homeowners, was only on the north side and was five or six units. Mr. Wilshaw: Correct Mr. Sever: I don't think from a marketing standpoint either that the City wants to end up with handcuffing a builder to build all ranches when they may not be desirable. I believe what's going to happen is that whatever the market is doing, if the ranches go well on the other site, and actually he's done some not only abutting on the north side, but he's done some ranches that are across the street that abut at the north. So I would think that if it's going along successfully, he'd do that, but because of the amount of units that would abut, which would be about 50 percent, we never represented that. We never had that brought up by residents and, in fact, from the very first Planning Commission meeting when I was here, there was only one resident that had an objection to it, and it was the resident who was to the east, the dog kennel, and we worked with him to get things resolved and the easement seemed to be of a benefit to him. Mr. Wilshaw: Okay. Good. That's where my question was leading. Obviously if you were to have an agreement like that, you would end up with a significant amount of ranch homes, and I didn't know if 23442 you had gotten any feedback from residents that are abutting one way or the other. Mr. Sever: My guess would be the residents would like it, but I'm not sure you want to build ranch homes that don't sell and be handcuffed in this market, particularly the residential industry. Mr. Wilshaw: Tell me a little bit about property number three where the existing home is. What are you going to do with that home? Obviously you're going to leave it, but are you going to upgrade it? Mr. Sever: Yes. Actually, there are two homes, the one where the retention pond is, is a much smaller home. It has a basement, is brick. Its about 1,100 square feet. So the feeling was that one would come down. The home that you're referring to actually is about 2,600 square feet with a full basement. And the second level connects to the garage, so that has a lot of potential in terms of being upgraded. It's all brick. Inside it's in pretty good shape. So that's a home that I think is very much indeed worth saving. Mr. Wilshaw: Okay. So you're going to leave it as is with some minor upgrades or what have you. Is that what I'm hearing? Mr. Sever: Yes. I think they'll probably be maybe more than minor because they would want the price range to be consistent with the neighborhood. Mr. Wilshaw: Will that home also be sold or is the property owner going to stay there? Mr. Sever: No, I think the plan is to sell that. Mr. Wilshaw: Okay. And then the easement that's right next to it, is that going to remain just a greenbelt until such time as you're going to put a road through, if you ever did that? Mr. Sever: I think what will happen is that it will remain with a driveway to that existing house because right now we want to eliminate another curb cut. There is a curb cul that comes off of Seven Mile to that house, and eventually when those two lots are developed, the driveway from that house would probably go on the easement and access on the side street as opposed to continuing onto Seven Mile Road. Mr. Wilshaw: I see. So that will bean L-shaped driveway then? Mr. Sever: Yes. 23443 Mr. LaPine: To the best of your knowledge, because I asked you this question when you were here before, is the kennel property still not up for sale? Mr. Sever: I can't represent that except that we had some discussion with him, and from an economic standpoint, it didn't work with this project. We had some discussions about whether to include it or not, and the price that they seem to feel they needed to get for it was substantially higher than any of the other pieces there. So what we did, and I had some conversation with them, the best thing for them was to give them the access with the right - of way street, the easement and to give them access in the rear. They're at 123 feet, so they could, on their own, in the future do well enough to come dose to the money they would like to get out of their property. So we've actually enhanced the value of their properly as opposed to affecting it adversely. Mr. LaPine: One last question, the 50 fool wide access easement, will that easement belong to the city, Mr. Miller? Mr. Miller: Yes, once its developed. Mr. LaPine: Okay. 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 Morrow, seconded by Shane, and unanimously adopted, it was #08-82-2006 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2006-07-08-13, submitted by Crosswinds Court Subdivision, Inc., on behalf of Livonia Manor 11 Site Condominiums, requesting approval of the Master Deed, bylaws and site plan required by Section 18.62 of the Zoning Ordinance in connection with a proposal to construct a condominium development on properties located at 31700 and 31750 Seven Mile Road in the Southeast % of Section 3, be approved subject to the waiving of the open space requirement of the Subdivision Rules and Regulations and the following additional conditions: 1. That the Master Deed and bylaws complies with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16.04-16.40 of the Livonia Code of Ordinances, and Article XX, Section 20.01-20.06 of Zoning 23444 Ordinance #543, except for the fad the following shall be incorporated: - That the first floor of each condominium unit shall be brick or stone, on all four (4) sides, and the total amount of brick or stone on each two-story unit shall not be less than 65% and not less than 80% on one-story dwellings; - That the brick used in construction shall be full face, four (4") inch brick; - Thatall exterior chimneys shall be brick; 2. That streeflighls shall be installed throughout the development as recommended by the Engineering Department; 3. 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; 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 each lot owner's property 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; 5. That the Site Plan marked Drawing No. 2 dated May 25, 2006, as revised, prepared by Engineering Services, Inc., is hereby approved and shall be adhered to; 6. That should this site condominium project be develop before, and not in concurrence with, the properties to the east, a "T" turn -around, as approved by both the Engineering Department and Fire Department, shall be installed at the east end of the proposed road (Bridge Street); 23445 7. That the Landscape Plan received by the Planning Commission on August 9, 2006, prepared by Engineering Services, Inc., is hereby approved and shall be adhered to; 8. That the entrance marker shown on the approved landscape plan is hereby approved and shall be adhered to; 9. That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the Stale of Michigan; 10. That the petitioner shall cored to the Fire Department's satisfaction the items outlined in the correspondence dated August 2, 2006; 11. That the Site Plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 12. That all required cash deposits, certified checks, irrevocable bank letters of credit and/or 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; and, 13. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained and construction has commenced, this approval shall be null and void al the expiration of said period. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Y 1 =1 r4 FYM» Y Y 1 [a] 01KQ*Er)OI:15 E lH.1 I I_CH:I =1 ¢Zr] z1@1111: Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 07-08-14 submitted by Gallagher Group requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a medical office building on properties located at 29945 and 29929 Six Mile Road in the Northeast % of Section 14. 23446 Mr. Miller: The petitioner seeks to construct a medical office building on two adjoining parcels (29945 and 29929 Six Mile Road) located on the south side of Six Mile Road between Oporto Avenue and Middlebell Road. The subject site was recently rezoned from RUFA (Rural Urban Farm) to OS (Office Services) and P (Parking). The proposed medical office building would be one- story in height and contain a total of 14,300 square feel of floor area. The proposed rectangular -shaped building measures 285 feel in length by 50 feet in width. All building setbacks would be mel. The proposed structure would have three main entrances located along its east side. An enclosed trash dumpster area is shown near the south elevation of the building, in the northwest corner of the southern parking lot. Access to the site would be by a single drive off Six Mile Road. There would be a row of 23 parking spaces between the building and the east property line. A separate main body of parking spaces would be situated south of the building. One hundred four parking spaces are required, and they are providing 105 spaces. The parking spaces are conforming at len (10') feel in width by twenty (20') feel in length. To handle storm water runoff, a large detention basin would be created between the southern parking lot and south property line. This basin would lake up the entire south 170 feel of the site. According to the proposed grading plan, the storm water detention basin would gradually slope down to a depth of approximately 11 feel and have a 4 -foot deep "permanent pool at its bottom. Required landscaping, including the retention basin, is not less than 15% of the total site, and they providing landscaping on 50% of the site, so they far exceed the landscape requirement. Because this site borders residential along parts of the east, west and south property lines, a screening wall or greenbelt would be required along these areas. The site plan illustrates and notes that there is an existing six-foot high screen wall along the east and south property lines. The petitioner is requesting approval to substitute a permanent greenbelt in lieu of the protective wall along the part of the west property line where it abuts residential. The greenbelt would be a minimum of 10 feet in width next to the building and spread out wider as it continues past the parking lot and detention basin. It would be planted with an assortment of plant materials including evergreen trees, deciduous trees and shrubbery. The proposed medical office building would be constructed out of brick on all four sides. Shallow structural canopies, supported by decorative columns, would slick out and define the three entrances along the east elevation. Ornate block window elements would embellish the comers of the structure. The roof would be sectional -peaked and shingled. 23447 Mr. Walsh: Is there any correspondence? Mr. Miller: There are four items of correspondence. The first item is from the Engineering Division, dated August 8, 2006, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. No additional right-of-way for Six Mile Road is required. The legal description should be verified in comparison with the dimensions shown on the drawing. Detention facilities have been shown and will require approval in accordance with Wayne County's Storm Water Management Ordinance. The drive approaches will require County approval. Extensive off-site storm sewers are shown to serve the properties to the east, south and west of the proposed development" The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated July 25, 2006, which reads as follows: 'This office has reviewed the site plan submitted in connection with a request to construct an office building on property located at the above -referenced addresses. We have no objections to this proposal with the following stipulations: (1) Adequate hydrants shall be provided and located with a maximum spacing of 300 feet between hydrants. Most remote hydrant shall flow 1,500 GPM with a residual pressure of 20 PSI. (2) This Division requests that the entrance drive be posted (on both sides) 'Fire Lane — No Parking.' (3) The parking lot shall be a turnaround for fire apparatus. The turnaround shall have a minimum turning radius of fifty-three feet wall to wall and an inside turning radius of twenty-nine feet six inches. The authority having jurisdiction shall approve the grade, surface, and location of the fire lane." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated August 7, 2006, which reads as follows: "We have reviewed the plans in connection with a proposal for Pros Medical Building located at 29945-29929 Six Mile road. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studt, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated August 7, 2006, which reads as follows: "Pursuant to your request of July 12, 2006, the above -referenced petition has been reviewed. The following is noted. (1) The parking spaces east of the building scale at a width of 97 to 96". There is no definitive identification of the required 10 -foot width. This should be clarified to the Commission and Council's satisfaction to ascertain if the site has the required 104 parking spaces. (2) All parking spaces are to be double striped. (3) If this medical building were to be used as rehabilitation facilities or outpatient physical therapy facilities the required accessible parking 23448 spaces would change from 5 required to 21 required. This could cause them to lose 2 parking ypaces and be below the required minimum number of spaces and thus require a zoning variance from the Zoning Board of Appeals. (4) The accessible parking locations may need to be located/dispersed differently to meet the code. (5) This portion of the property that is zoned OS or parking and abutting residential property must have the required protective screening wall or an approved green belt or an approved property separation agreement. This Department has no further objections to this petition." The lBfler is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Are there any questions for Mr. Miller? Mr. Wilshaw: I just have one question. The detention area on the landscape plan is listed as a hydroseeded lawn instead of sod. Is that still in conformance with our typical standards or will they need to sod that area? Mr. Miller: We typically require that the lawn be sodded, but we have allowed hydroseed in some areas of detention just because it takes better, but it will be up to the Inspection Department. We prefer sod, but if the Inspection Department feels that seed is better, we will allow them to do that. Mr. Wilshaw: Okay. Mr. Shane: Scott, the portion of the west property line, which abuts the proposed building, is that part of the area where they are proposing a greenbelt? Mr. Miller: Yes. From just about the middle of the building to the south is where they abut residential and that's where the greenbelt will be. Mr. Shane: That particular area doesn't meet the 10 -fool wide space, does d? Mr. Miller: It should. From the plan I measured 10 feet. If its not, we're going to make them conform to 10 feet. I think its close enough that they can make it 10 feet. Mr. Shane: Okay. Thank you. Mr. Walsh: Is the petitioner here this evening? 23449 Richard Gallagher, 29991 Munger, Livonia. Good evening. I live right behind all this. We put together the drainage systems for the pond picking up the neighbors that need it behind us, just about everybody, and Joe Stenrose here has done all the civil engineering on that. Council wanted to see that when they approved all this. Anyway, we have the color renderings that you wanted. The lighting is all strictly down lighting. The poles are 16 feel with a 2 -fool base so no lights will be shining in anybody's backyards. There are three of them, one on both ends of our parking lot and then one in the back right adjacent to the pond right about in the center. There are details on the drawings explaining that and there are details on the drawings explaining the fence that was brought up to protect the fence with the gale. That's also on our first floor plan. I think everybody has seen that now. I believe everything has been covered by us that we needed to show you people. We're here for your blessing, I hope. Mr. Walsh: Are there any questions from the Commissioners? Mr. LaPine: Mr. Gallagher, your properly is the property on the west side of these two proposals before us here tonight. Is that right? Mr. Gallagher: The west what? Mr. La Pine On the west side. Next door to you is an older home and next door to that older home is a brand new one. Is that correct? Mr. Gallagher: Right. Mr. LaPine: Now, what is going to be between the older home and this property? What are you going to put there? Are you going to put up a fence or a brick wall or landscaping or what? Mr. Gallagher: Bevacqua Building Company is going to construct a building and he's going to occupy an office building next to us. There's a rendering of it behind ours here. We're picking up his slonnwaler and running ... Mr. LaPine: You're getting away from what I'm asking. Now you just told me the building next to yours, they're going to build another building. Mr. Gallagher: Right. Mr. La Pine: Is that the building that is our next case? Mr. Gallagher: Yes, it is. 23450 Mr. La Pine: So thathouse is coming down? Mr. Gallagher: Right. Mr. La Pine: Mr. Morrow and I were out there today. We talked to the man there. We asked, "Is your house going to be torn down?" He told us, "No." Mr. Gallagher: They have to tear that house down, but I'm not hearing you that well. My hearing is not all that great, you know. Mr. La Pine: Okay. Mr. Gallagher: There's two things that happen when you get older. One of them is your hearing; the other one is your memory. I can't remember. Mr. La Pine: What we have here, the older home is going to be torn down. That's going to be the next case where an office building is going to go there. And then we have the new home on the other side that has the white vinyl that goes all the way back. Is that coned? Mr. Gallagher: Right. Mr. La Pine: Okay. I just wanted to get that straight in my mind. Mr. Morrow: To follow up on what Mr. La Pine said, is that home still there, the one whalyou said was going to be torn down? Mr. Gallagher: Yes. Its a rental property right now. Mr. La Pine: You're going nowhere. Peter Bevacqua, 34020 W. Seven Mile Road, Suite 114, Livonia, Michigan. The old home where we have the building next to it, we're going to lake it down. Mr. Walsh: Do you own the property at the present time? Mr.Bevacqua: Yes. Mr. Walsh: And the person that lives in the home is a renter? Mr. Bevacqua: He knows what's going to happen. Mr. Walsh: Thank you for clarifying that. Mr. Morrow, any additional questions? 23461 Mr. Morrow: No, I just wanted to attempt to clear that up because the guy did tell us that the house is not coming down. Mr. Walsh: Any further questions? Thank you, Mr. Gallagher. Is there anybody in the audience that wishes to speak for or against this petition? If so, would you please step forward? James Gibson, 16978 Oporto. I'm just west of the proposed site. I'm very pleased with everything I see. My neighbor, Mr. Boyd, is not available. I thought he was going to write you a letter. Once we received the landscaping proposal and we saw the height of the berm, the only thing that both of us directly to the west are concerned about is the height of the bene. It's four feet high. Our fences are four feet high and we get all the headlights coming through. Now, I know he's going to put trees and landscaping in there, but our only request on the western side is if that bem could be made higher. That way it would be a permanent wall in the wintertime. It wouldn't get any headlights or anything through the trees. Trees do come and go and so does shrubbery. But if the bene was six feet high, that definitely would kill all the headlights that would be coming towards us. In looking at the drawing, and I explained to my neighbor I didn't think we could move the dumpsler basically because they're light on parking spots. Realistically, I don't think there's a better place for the dumpster. So I'm going to forego that one because I heard you guys say that you might need more spots if it was a different usage. The other thing I noticed on the architectural drawing was the decorative fence that's going to be on the south side blocking the entrance to the pond. Thais another four foot barrier that we don't have on our side. My neighbor is more concerned than I am about people climbing over the wall, climbing over the barrier and onto our properties because that's a good way to gel into the neighborhood. But other than that, I'm really pleased. I think they've gone out of their way to solve this situation. I know at the first meeting you guys were concerned about putting in homes, and I know personally this is going to be much easier to live with them than I would with neighbors that were five fool off the property lines. So I appreciate what you've guys have done collectively. Mr. Walsh: Thank you, Mr. Gibson. We appreciate you coming. Is there anybody else in the audience wishing to speak for or against this petition? Good evening. Nancy Reppke, 29900 Munger. Good evening. My properly is just to the east of this proposed site. Of all the proposals over the last decade, this is probably the one that is the most appealing, and I really 23452 don't have any objections to it. Nothing stays the same. The woods have been nice, but the water has been a problem, and Mr. Gallagher is hoping that this will alleviate some of our water problems. My understanding also is, and somebody can correct me if I'm wrong, is that the retention wall, that runs on the west side of my property, would be the east, will stay. The wall that runs north to south. Is that correct? Mr. Miller: If she's talking about the one that's along the east property line . Ms. Reppke: Yes. Mr. Miller: That will stay. Ms. Reppke: Ok. All right. Thank you. Mr. Morrow: The prolective wall that may not be on your properly, but the one to the east, what kind of condition is that in? Ms. Reppke: There are some spots that need some repairing here and there that I see on my side. Yes. Mr. Morrow: Behind this development, the same thing is true. You don't abut this development, do you? Ms. Reppke: Ido. Yes. Mr. Morrow: Oh, you do. Ms. Reppke: I'm Lot 27, which is directly to the east of this proposed development. He just highlighted where the wall runs down. Mr. Morrow: Where does her lot ... Ms. Reppke: Right there. All the way down to Munger. Mr. Morrow: Okay. Well, I was thinking about the wall. We have a partial wall and then landscaping on that particularly site, and I was interested in the partial wall, not the one that runs north and south but the one that ... Ms. Reppke: I'm the one that runs north and south. I'm adjacent to that. Thank you. Mr. Walsh: Thank you. 23453 Mr. Morrow: I have one other question. I wonder if he could address the condition of that partial wall to the south? Mr. Walsh: Mr. Gallagher, if you could step back up, we have a question or two more for you. Mr. Morrow. Mr. Morrow: Yes, the partial wall that is on the south property line, what condition is that in? We had a little trouble getting to it and finding it. Mr. Gallagher: On the south end? Mr. Morrow: Yes. Mr. Gallagher: That's going to be a six foot high fence. Mr. Morrow: Is there an existing wall there? Mr. Gallagher: No, we hadn't planned on a wall. We planned on a woven wire fence. Mr. Morrow: Okay. I thought I saw on the plan there was an existing wall there. Mr. Miller: That's what I believe. He shows it on the plan as awall. Mr. Morrow: We're not talking about the fence around the detention pond. We're talking about the prolective wall between the residential and your site. Mr. Gallagher: There is one on her side of the property all the way back running down from our pond to the very end over there. We've got to go underneath it or through it to pick up her water problem. That's where you see that drain over on the east side of the property. Then that wall turns and goes past ... Mr. Morrow: That's not what I'm talking about. Mr. Miller: He's showing here that there's a wall. I have a plan here showing that there's a wall along the south property line. Mr. Gallagher: Right, but it only runs up to right about there. Mr. Miller: Up to this point. Mr. Gallagher: Right where you slopped, and then the rest of it is woven wire fence. You know, typical fencing and we'll just do that six feel. 23454 Mr. Morrow: The wall we just established that is there, is that in good condition or does that have to be repaired? Mr. Gallagher: What? The existing masonry? Mr. Morrow: Yes. Mr. Gallagher: I think there's one area that's going to have to be fixed. Mr. Morrow: Well, I just want the area to be fixed, and I think you indicated that the balance of that lot line will be a bene or some type of landscaping. Mr. Gallagher: Right. Well, the rest of it is all landscaping. Mr. Morrow: You indicated that the neighbors were in favor of that? Mr. Gallagher: That's what they were in favor of. Mr. Morrow: Okay. Thank you. Mr. LaPine: To follow up on that to get it straight in my mind, we have an existing wall that runs from the north to the south. Then it looks like on my plan, then it goes west. How far does ilgo west? Mr. Gallagher: It goes up to just about where that slop is. It should show up on your plan. It's on those plans. Mr. Miller: Itgoes rightwhere those trees are. Mr. LaPine: Where those trees start? Mr. Miller: Yes. Mr. LaPine: Okay. And how many houses exist where the wall won't be because we weren't able to get back there and look at it. How many homes are behind the area where the wall will not go on the south side? Mr. Walsh: It looks like there are two. Mr. Gallagher: One and a half. It doesn't go all the way across, about one- third or two-thirds. Mr. LaPine: So you're telling me that people who live behind those two, one and half houses, do not want a wall? Mr. Gallagher: No, they do not want a wall. 23455 Mr. LaPine: Do we have anybody here tonight who lives in those houses? Do we have any correspondence where they say they don't want the wall? Mr. Gallagher: No, I do not have any correspondence from them - just what we talked to people about. Mr. LaPine: It seems to me if the wall goes half way, why not finish it off? Now, if there's a reason why these people didn't want it, that's another question, but it just doesn't seem to make any sense. We've got the wall on the east side, and then comes down and starts going west behind the property and then slops and then picks up a landscape berm. I mean it just doesn't make good sense. Thank you, Mr. Chairman. Mr. Gallagher: Now that's ... I talked to these people about that. They did not want that concrete wall in their backyard. Mr. LaPine: And I have no reason to not believe you, but I'd like to talk to them to understand why they didn't want d and what lheyre thinking is. Mr. Shane: Two questions, Mr. Gallagher. The wall we've been discussing, is that an old wall that's been there a long lime? Mr. Gallagher: I'm sorry? Mr. Shane: Do you know if that wall has been there quite a while? Mr. Gallagher: Probably 30 years, 25 years. Mr. Shane: Would it make any sense to get rid of it and extend the landscaping all the way across? Mr. Gallagher: Not really. There's just one area where its kind of ... it looks like it tilted a little bit butthe wall is in pretty decent shape. Mr. Shane: Mr. LaPine has the same problem, I think, I do and that is, we've got a wall half way and landscaping. Let's make it all the same if it's not ... Mr. Gallagher: The people that this wall comes up to and stops, and the people next door to them covered it up with wood. They didn't want to look at the concrete and these people next door to me wanted the berths and so did everybody else. 23455 Mr. Shane: Maybe you should gel rid of the wall and extend the berm all the way across. Mr. Gallagher: And the bene still runs all the way through it anyway. Mr. Shane: Right. The second question is, the neighbor who had the problem with the four foot berm on the vest, is there enough room to heightened the berm another two feel? Mr. Gallagher: Well, we show it at three feet here, I believe. Mr. Shane: I think its four feet. Mr. Gallagher: But we've only got 35 feet across here to come up, so we can't come up loo high. Mr. Shane: Thalwas myquestion. Mr. Gallagher: Yeah, right, so. Mr. Shane: So the alternative to that is to put a considerable amount of landscaping along there. Mr. Gallagher: And that's what we've done. Mr. Shane: I think he's concerned about lights and a good evergreen landscape berm will do that. So let's just make sure that's what you have, is a good number of evergreen trees across there. It will do the same job as a berm. Mr. Gallagher: Yes. Mr. Shane: That's what we're concerned about. That's what he's concerned about. Mr. Gallagher: I know this. I live right across the street from all these people and if this isn't right, I'm going to hear about it. Mr. Morrow: This is a berm in lieu of a wall, is that correct? Mr. Gallagher: Thais right. Mr. Morrow: So you'll have to gel thalwall waived at the Zoning Board, right? Mr. Walsh: No, we can do that, Mr. Morrow. We have the authority to do that. 23457 Mr. Morrow: Well, I guess where I was coming from is, is it possible to condition it with a certain time frame where it would have to come back in the event that what we heard here tonight did not, in fact, happen and it was a problem for the neighbors? Mr. Miller: If you look at one of the condition, if we don't believe that it's a good enough greenbelt, it will come back before you. Mr. Morrow: Is there any time frame connected with it? Mr. Miller: No. Mr. Alanskas: Number six. Mr. Miller: If the Inspection Department or the neighbors .... Mr. Morrow: You've already addressed my concerns. Thank you. Mr. Walsh: Mr. Gibson, did you have something to add? Mr. Gibson: I personally talked to the two neighbors that don't have the wall. Mr. Walsh: Could you step up to the microphone? Mr. Gibson: I personally talked to the two neighbors that don't have the wall. And they're not for a wall. They enjoy looking at the greenery. So I know for a fact lheyre not requesting a wall. The gentleman that has the wall, that's where it's partially down, he can't afford to do anything. He lives in his parents' home. That's the area that you guys didn't get back to see. It is bad. It's cracked. But when they put in all the drainage, that's going to solve the failure of the wall. So I can't see making Mr. Gallagher tear down the wall when half the people don't want it and the other half didn't request it, and the people that have the wall, they were here at the meeting, the first meeting. So it's hearsay but I think they're happy or theyd be here today. Because I went around enough and I know Richard's gone around enough and asked them to participate. Me asking for the berm to be higher is something that came out once we saw this, and only because in other areas where they have parking lots, berms are normally higher. I can only trust they're going to do what they say they're going to do. Mr. Walsh: I appreciate you coming forward. That is helpful for us. I think it gives some brass to what Mr. Gallagher said. Mr. Gibson: Richard has really tried, and I believe the doctors have good intentions. I certainly don't want this to go by the wayside. I 23458 don't want to spend any more money trying to get it approved, personally. Thank you. Mr. Walsh: Thank you, Mr. Gibson. Mr. La Pine: My position is, we can have a situation where these people want a wall, these people want a berm, these people want a vinyl fence, these people want a cycle fence. We have to be consistent in what we do. To me, it sure doesn't make good planning when you have two or three different types of barriers back there. That's my personal opinion. I've always fell that this way and probably always will. To me, the wall is halfway there; we should finish it off. That's just my position. Mr. Walsh: Are there any additional comments? Hearing none, a resolution would be in order. On a motion by Smiley, seconded by Morrow, and unanimously adopted, it was #08-83-2006 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2006-07-08-14, submitted by Gallagher Group requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a medical office building on properties located at 29945 and 29929 Six Mile Road in the Northeast % of Section 14, be approved subject to the following conditions: 1. That the Site Plan marked Sheet No. C-1 dated June 24, 2006, as revised, prepared by Gallagher Group Construction Company, is hereby approved and shall be adheredto, exceptforthe following; That the lower level of the building (basement) shall be utilized for storage purposes only 2. That the Landscape Plan marked LP -1, dated August 7, 2006, as revised, prepared by Gallagher Group Construction Company, is hereby approved and shall be adhered to; 3. That the height of the planted trees shall be measured from the top of the root ball to the mid -point ofthe top leader; 4. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 23459 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; That the landscaped greenbelts along the west property line and the south zoning line, as shown on the approved landscape plan, are hereby accepted and shall be substituted for the prolective walls required by Section 18.45 of the Zoning Ordinance, and that the Petitioner shall remove that portion of the concrete protective wall that exists along approximately the east 200 feet of the south property line, and in its place, install landscaping in the same manner as the landscaping proposed along the west 140 feet of the south property line; 7. That any change of circumstances in these areas containing the greenbelts resulting in a diminution of the greenbelt's effectiveness as a prolective barrier, 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 prolective wall pursuant to Section 18.45; 8. Thal the Exterior Building Elevation Plan marked Sheet No. A-3 dated May 12, 2006, prepared by Gallagher Group Construction Company, is hereby approved and shall be adhered to; 9. That the brick used in the construction shall be fulkface 4 inch brick; 10. 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; 11. 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; 12. That the petitioner shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, 23460 from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; 13. 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 construction of the slormwater retention facility; 14. That the owner shall provide annual reports to the Inspection Department on the maintenance and larvicide treatments completed on the stormwater detention pond; 15. That all light fixtures shall not exceed twenty (20') feel in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 16. That the petitioner shall correct to the Fire Department's satisfaction the items outlined in the correspondence dated July 25, 2006; 17. 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; 18. That no LED lighlband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 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; and, 20. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the dale of approval by City Council, and unless a building permit is obtained and construction has commenced, this approval shall be null and void al the expiration of said period. Mr. Walsh: Is there any discussion? Mr. Alanskas: I really am in support of this building but, however, I do agree with Mr. LaPine that because one neighbor wants a fence, one wants a berm, one wants a wall, I think that's very poor 23461 planning. I would like to see something consistent in regards to the back, either all wall or all trees and shrubbery. I mean I just don't think its good that we have one person wants a fence, one wants ... I'm being redundant but I like the plan except for all these different types of walls and landscaping. Thank you. Ms. Smiley: Could we amend it then to say that the greenbelt be extended and the wall removed? Mr. Miller: We approved the greenbellwhen we prepared the conditions. Ms. Smiley: Okay. Mr. Miller: The wall would have to be extended to be approved as a wall. Since it doesn't extend, we can't approve a wall on that. We approved the greenbelt. So he could take the wall down without any problems. Ms. Smiley: Good. That sounds like a good plan. It is a beautiful building and ilwould be a shame to goof up the back. Mr. Walsh: Is there any further discussion? Ms. Smiley: This lady wants to speak. Mr. Walsh: Ma'am, we normally don't permit additional information. I will do so just because this wall is ... is this on the wall issue? Ms. Reppke: Yes, it is. Mr. Walsh: You're going to shed some light maybe on .... Ms. Reppke: By your discussion, would this be to remove all walls, including the wall that's to the west of my properly there? The one that runs north and south? Mr. Walsh: Ms. Smiley has made the suggeston that it would just be the south wall. Mr. Alanskas: Yes. Ms. Reppke: It's just the south wall that's under discussion right now. The other wall as of right now remains. Cored? Mr. Walsh: Correct. Ms. Reppke: That's all. 23462 Ms. Smiley: Good. Mr. Morrow, do you have ... Mr. Morrow: Well, I'm kind of turning it over in my mind, but if fit's the wishes of the Commission that the old wall comes down and we now have a continuous buffer with landscape, I will concur with your recommendation, Ms. Smiley. Mr. Walsh: The motion then would be amended as staled. Any additional discussion? Mr. Wilshaw: I think that's an excellent suggestion by Ms. Smiley. I think what we saw here tonight was very little discussion about the building itself because it's a very attractive building, and I don't think anybody has any problems with that. I think the retention basin will do a fine job of trying to help the water problems that are in that neighborhood area. I hope it does help those neighboring residents. But I also did not feel comfortable with the hodgepodge of fence, wall and berm. Its nice to see a little bit more consistency and I like that. Mr. Walsh: Just for my comment on it, I'm with Mr. Morrow. Pm of two minds on it but it doesn't make me any smarter. But for the sake of moving this forward, I'm going to support it as amended. The petitioner certainly has the opportunity to work with the Council when you gel to that stage if there's any trouble with it. 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 2006-07-08-15 BEVACQUA BUILDING Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 07-08-15. submitted by Bevacqua Building, Inc. requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct an office building on property located at 29965 Six Mile Road in the Northeast % of Section 14. Mr. Miller: The petitioner seeks to construct an office building on property (29965 Six Mile Road) located on the south side of Six Mile Road between Oporto Avenue and Middlebelt Road. The subject property is 0.32 acres in area with 60 feet of frontage on Six Mile Road by a depth of 230 feet. Presently there is an existing single-family house located on the site. The house would be demolished to make room for the proposed office building. This site was recently rezoned from RUFA (Rural 23463 Urban Farm) to OS (Office Services). The proposed office building would be one-story in height and contain a total of 1,730 square feet of floor area. Access to the site would be by a single drive off Six Mile Road. Two standalone handicap spaces would be located between the building and Six Mile Road. The remainder of the parking spaces would be situated south of the building. An office building of this size is required to have seven parking spaces, and they show nine spaces so they exceed the parking requirement. All packing spaces would conform to the Zoning Ordinance, which requires all parking spaces to be a minimum ten (10') feet in width by twenty (20') feel in length. The petitioner has explained that stone water runoff for this site would be handled by tapping into the large detention basin of the medical office building that is being developed on the neighboring properties to the east. They are required to have not less than 15% of the total site landscaped, and they are providing 36%. Because this site borders residential along parts of the west and south property lines, a screening wall or greenbelt would be required along those areas. The site plan illustrates that a six-foot high screen wall would be erected part of the way along the west property line. This proposed screen wall does not meet the intent of the Ordinance because it does not continue the entire length of the property line. The wall segment would extend only on the portion of the property line that lies between the existing residential house of the neighboring properly and the proposed office building. The petitioner would have the option of either continuing the wall the entire length of the property line or getting temporary written approval from the neighbor circumventing the wall. The petitioner does not have the option of a permanent greenbelt along this property line because it does not have the required width of landscaping along its entire length. A greenbelt can only be substituted if it is a minimum 10 feet in width. The petitioner is requesting approval to substitute a permanent greenbelt in lieu of the protective wall along the south property line. This greenbelt would be 35 feel in width. The existing natural vegetation along the southern property line would provide screening. The proposed office building would be constructed out of brick on all four sides. A structural vestibule, with doors on each side, would stick out and define the main entrance on the west elevation. Ornate peaked windows, outlined in beck "rowlock stack" accents, would adorn the front and sides of the structure. The roofline of the building would have a decorative horizontal band of brick along its upper edge (frieze). The roof would be peaked and shingled. Mr. Walsh: Is there any correspondence? 23464 Mr. Miller: There are four items of correspondence. The first item is from the Engineering Division, dated August 9, 2006, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. No additional right-of-way for Six Mile Road is required. The legal description is not shown on the plans we received. Detention facilities to serve this site have been shown on the proposed site to the east of this parcel and will require approval in accordance with Wayne County's Storm Water Management Ordinance. The drive approach will require County approval. Off-site storm sewers are shown to serve this property on the proposed plan for the development to the east." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated July 25, 2006, which reads as follows: `This office has revewe d the site plan submitted in connection with a request to construct an office building on property located at the above - referenced address. We have no objections to this proposal with the following stipulation: The Division requests that the entrance drive be posted (on both sides) 'Fire Lane - No Parking'.". The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated August 7, 2006, which reads as follows: "We have reviewed the plans in connection with a proposal from Bevacqua Building, Inc., for an office building located at 29965 Six Mile Road. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated August 7, 2006, which reads as follows: "Pursuant to your request of July 14, 2006, the above - referenced petition has been reviewed. The following is noted. (1) The protective wall noted in the plan will need to be installed across the south lot line and the west lot line with the north 10 feet of the west wall reduced in height to three feet. 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 for Mr. Miller? Seeing none, we will go to Mr. Bevacqua. Is there anything you'd like to add? Peter Bevacqua, Bevacqua Building, 34020 W. Seven Mile Road, Suite 114, Livonia, Michigan 48152. No. I'd like you to bless the buildings. Mr. Walsh: Are there any questions from the Commissioners? Mr. LaPine: On the east side of your building, which abuts Mr. Gallagher's building, there is a six foot high cyclone fence that goes all the 23465 way back and there are all kinds of trees and vines growing. Are you going to do anything to that side? Mr. Bevacqua: On the east side? Mr. LaPine: Let me explain it to you. On the east side of his property, which abuts your property, there is a cyclone fence about six feel high that goes all the way back. Along that area there are a lot of old trees and shrubs and vines growing on that fence. And that fence looks in very bad condition. Is that fence going to be removed and a new fence put up, or are you going to leave the fence there, leave all the trees, leave all the shrubs? What's going to happen on that side? Richard Gallagher, 29991 Munger, Livonia. That's all going to go. Mr. LaPine: That's all going to go. Okay. That's what I wanted to know. Thank you. Mr. Morrow: Sir, looking at your site plan and the size of the building and the number of parlang spaces, generally when we, you know, at least make a request for the petitioner, you know in lieu of the trash dumpsler and the investment you're putting in that, would it make more sense to invest in a compactor and a shredder and maintain your trash inside as opposed to a dumpster service? Mr. Gallagher: That's fine. Mr.Bevacqua: That's fine. Mr. Gallagher: That makes sense. That's what I do in my little office where I'm at now. Mr. Morrow: That way you dont have to pay for pickups or have the expense of installing it, and for a fraction of that you could buy a compactor and a shredder. We'd like to delete that and have you handle @ inside and just put @ out for the city to pickup. Mr. Bevacqua: Okay. Thank you. Mr. Wilshaw: My question is in regard to lighting. Are you going to have light poles on this property or are you just going to have light shining from the building? Mr. Bevacqua: On the building. Mr. Wilshaw: Lights shining onto the parking area? 23466 Mr. Bevacqua: From the building, yeah. Mr. Wilshaw: Okay. And then how about this wall? This is your night for wall, Mr. Gallagher. How about this wall on the west side of the property? Are you going to extend that wall or how are we going to resolve that? Mr. Gallagher: We've got to match the wall that the gentleman in the house - he built that house by the way for those people. The same plastic six fool high fence we're going to be using in the back. Mr. Bevacqua: In the back. Mr. Gallagher: In the back to match the fence and then we're picking up that man's stonnwater too. So we had to run a little easement across there to pick his water up next door to this building. So we're picking both those up at the same time. It should be a nice little development. Mr. Wilshaw: So on the west side, you're going to have ... Mr. Gallagher: Maybe if I sell my building off ... Mr. Wilshaw: It's an atredive building. So on the west side ... Mr. Gallagher: I'm so tired of cutting grass and trimming bushes, and the guy that used to trim my bushes isn't in town. Mr. Wilshaw: So just to understand, on the west side, you're going to have a vinyl fence that's going to extend the lower portion of the properly and then it will conned to the brick wall on the northern part of the property. Is that what I'm hearing? Mr. Bevacqua: That's okay with you? Mr. Wilshaw: Okay, then. It sounds a lot like the last properly. Mr. Walsh: Anything else, Mr. Wilshaw? Mr. Wilshaw: No, thank you. Mr. LaPine: Mr.Gallagher, the wall that we just discussed on your property, on the south side, which we want to eliminate now and its going to be all landscaped. Does this property align with your property so that we can extend that landscaped area right across there? Mr. Morrow: No. Its not even close. 23467 Mr. Gallagher: We're going to have landscaping between our building and that building. Mr. La Pine: I'm talking about this farthest, southern portion of your property does not align up with his property. Is that right? Mr.Bevacqua: No. Mr. Morrow: Its a long way away. Mr. La Pine: Okay. It's a long way away. It looks like he doesn't know the answer. You're saying that this property does not align up. Your two properties do not align on the south property line so that we can line up the bene that was going to go across there. Is that correct? Mr. Gallagher: Correct. Mr. LaPine: Okay. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? James Gibson, 16978 Oporto. I live next door to Mr. Robert Passmore who is adjacent to the property where this is being built. He is unable to be here tonight but we had a discussion about the four foot fence, the white one you guys just discussed, and I told him that I believe from the first meeting they talked about extending it with the six foot all the way to his property line. Now, there is no fence on Mr. Passmore's north side of his property at this time. I was in discussion with Mr. Slenrose. Did you say they were going to build a brick wall on the north side of Mr. Passmore's property? Mr. Walsh: No, it's going to be the white plastic wall. Mr. Gibson: While vinyl fence. That's what I thought it was. Okay. No more brick walls anymore, right? I would be more than glad to give up some of my property if we could extend that. We'd have to move the doctor's office. You asked about the bene. Just before the meeting and because we got this architectural drawing, ideally the four fool bene all the way down would be good, but you'd have to move the doctor's building the other way. I'd give up some property but I don't know if Mr. Passmore would. 23468 Mr. Walsh: I think it's something for you all to discuss between this meeting and the City Council meeting. I mean there's always an opportunity to change the plans. Mr. Gibson: I think its going to go great. He's in favor of anything. I've got to gel that swamp out of there. Mr. Walsh: Thanks. Any additional questions? Seeing no one, is there anybody else in the audience wishing to speak? Seeing no one coming forward, a motion would be in order. Mr. Wilshaw: I will go ahead and make an approving resolution. I think this is an attractive building on a nice piece of properly there. On a motion by Wilshaw, seconded by Alansaks, and unanimously adopted, it was #08-84-2006 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2006-07-08-15, submitted by Bevacqua Building, Inc., requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct an office building on properly located at 29965 Six Mile Road in the Northeast %of Section 14, be approved subject to the following conditions: 1. That the Site Plan marked Sheet No. C-1 dated June 29, 2006, as revised, prepared by Gallagher Group Construction Company, is hereby approved and shall be adhered to; 2. That the Landscape Plan marked C-1, dated June 27, 2006, prepared by Gallagher Group Construction Company, is hereby approved and shall be adhered to; 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 landscaped greenbelt along the south property line, as shown on the approved landscape plan, is hereby 23469 accepted and shall be substituted for the prolective walls required by Section 18.45 ofthe Zoning Ordinance; 7. That any change of circumstances in these areas containing the greenbelts resulting in a diminution of the greenbelt's effectiveness as a protective barrier, 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; 8. That for the west property line, the petitioner shall have the option of either erecting a protective wall immediately, going to the Zoning Board of Appeals for a temporary wall variance or seeking the consent of the abutting property owner(s); 9. Thatthe Exterior Building Elevation Plan marked Sheet No. A3 prepared by Gallagher Group Construction Company, as received by the Planning Commission on July 14, 2006, is hereby approved and shall be adhered to; 10. That the brick used in the construction shall be ful4face 4 inch brick; 11. 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; 12. That the petitioner shall secure the necessary perils, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the Slate of Michigan Department of Environmental Quality; 13. That all light fixtures shall not exceed twenty (20') feel 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 correct to the Fire Department's satisfaction the items outlined in the correspondence dated July 25, 2006; 15. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted 23470 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, including but not limited to, the building or around the windows; 17. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 18. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the dale of approval by City Council, and unless a building permit is obtained and construction has commenced, this approval shall be null and void al the expiration of said period. Mr. Walsh: Is there any discussion? Mr. Morrow: Just a minor technicality that the dumpster that we deleted, that area will be returned to the green landscape plan. Mr. Walsh: It is noted and the resolution will stand with the permission of the maker and the second. Mr. Wilshaw: Yes. Mr. Alanskas: Yes. Mr. Walsh: Is there anything else? Ms. Smiley: Just a comment. Those are two of the most very attractive buildings. You did a really nice job on those. We appreciate the color renderings loo. I need the visual aids. 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#4 PETITION 2006-07-0846 BYBLOS CONTRACTING Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 07-08-16, submitted by Byblos General Contracting Company requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to demolish and reconstruct the gas station (Mobil) located at 29401 Five Mile Road in the Northeast''/. of Section 23. 23471 Mr. Miller: This petition involves a request to demolish and reconstruct the existing gas station located on the southwest corner of Five Mile Road and Middlebelt Road. The location of the existing gas pumps and island canopy would not change. The subject property is square in shape, measuring 150 feel along Five Mile Road and 150 feet along Middlebell Road. Surrounding the property to the south and west is the Mid -Five Shopping Center. To the east across Middlebell Road, there are a number of commercial establishments including Precision Tune and the Szechuan Empire Restaurant. Directly to the north across Five Mile Road, there is Thrifty Florist and McDonald's Restaurant. Diagonally to the northeast is another gas station. The proposed new two-story convenience store/gas station would be located in the southwest corner of the site with its main entrance facing east in the direction of Middlebell Road. The footprint of the structure measures 37' x 75' and has a ground floor area of 2,775 square feel. The partial second story extends above the northernmost 24 feel of the building and measures approximately 24' x 37'. The upper floor would add 888 square feel of office area to the building. The lower and upper levels would have heights of 17 feel and 26 feel, respectively. Buildings in the C-2 General Business district are allowed to be two stories with a maximum height of 35 feel. The majority of the interior space of the first floor would be used for the display and sales of convenience items. A building of this size is required to have nine parking spaces. The site plan shows 14 spaces so they exceed the parking requirement. In order to provide a parking lot area for the proposed station, one of the existing driveways off Five Mile Road would be closed off. Vehicles could either enter or exit using the single driveway off Five Mile Road near the intersection or the two existing driveways off Middlebell Road. All parking spaces would conform to the Zoning Ordinance, which requires all parking spaces to be a minimum 10 feet in width by 20 feel in length. The submitted site plan shows that the five existing gas island dispensers would remain in their present location. A single existing overhead canopy structure, which measures approximately 120 feel in length, covers all 20 existing gas pumps. The existing large canopy is supported by a number of metal beam type columns. In the past, the City has required these support columns to be brick. This site is required to provide landscaping of not less 15% of the total site. The site plan shows 13%, so they are deficient in landscaping. Eleven Maple trees and 46 Korean Spice Viburnum shrubs would be planted sporadically throughout the site. There are two very wide greenbelts that exist along the west and south property lines of this site. Even though these greenbelts are part of the 23472 abutting shopping centers property, the petitioner would still like to point out that they provide an abundance of landscaping around his site. The rebuilt station would be constructed out of brick on all four sides. The corners of the buildings would have dryvit quoins. A d"t band would ran along the lop edge of the roofline. The east elevation (facing Middlebell) would present itself as the front of the station. A slack window treatment would cover a large part of this facade and surround the main entrance. A cable suspended trellis would be installed over the entrance doors. The upper floor of this elevation would also incorporate a similar window component. Mr. Walsh: Is there any correspondence? Mr. Miller: There are four items of correspondence. The first item is from the Engineering Division, dated August 8, 2006, 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 and the legal description is craned. Detention may be required in accordance with Wayne County's Storm Water Management Ordinance." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated July 25, 2006, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to demolish and rebuild the gas station on property located at the above -referenced address. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated August 7, 2006, which reads as follows: "We have reviewed the plans in connection with a proposal by Byblos General Contracting Company for renovations to the gas station located at 29401 Five Mile Road. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated August 8, 2006, which reads as follows: "Pursuant to your request of July 18, 2006, the above - referenced petition has been reviewed. The following is noted. (1) This site has proposed non -accessible, non-public, second Floor office space of 850 square feet. This is not allowed. By MBC 2003, the maximum nonaccessible space of this type would be limited to 500 square feet and 5 occupants. (2) In addition, this space requires separate restroom facilities formen and women that are accessible and open to the public. They cannot be located in a storage room or an office. (3) This building, as configured, requires two separate exits located remotely from each other per the code. (4) A barrier free service counter is required in this instance (where one is 23473 provided). (Although #1, #2, #3 and #4 are not zoning issues, they are design issues that would not be addressed until our plan review, which is much later in the process. We felt it prudent to make the applicant aware of these issues as early as possible.) (5) No mention is made of providing free air at this service station. If the Commission and/or Council wish this practice to continue, we recommend its inclusion in the resolution as follows: That free air shall be provided at all times this station is open for business, the free air shall be dispensed at the point-0faemice without having to enter the station or the performance of any extra action in order to obtain the air without charge. (6) We calculate that with the second floor office, 13 parking spaces are required. 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 for Mr. Miller? Mr. Alanskas: Mr. Miller, do we have any other station in our city that has a second story like this? Mr. Miller: No, we do not. Mr. Alanskas: All right. Thank you. Mr. Walsh: Is the petitioner here this evening? Is there anything you'd like to add? Nasser Choucair, Byblos General Contracting, P.O. Box 607, Dearborn Heights, Michigan 48127. Mr. Miller look care of most of the things I'm supposed to say, but about the deficiency in landscaping, as he said, our neighbor next door, the strip mall, their landscaping buffer is more than enough, I think, next to our property. I think two percent is not going to be a big issue. Mr. Walsh: Are there any questions from the Commissioners? Mr. Alanskas: Would you explain to me what you want to do on the second floor? You said it was for an office? Mr. Choucair: What I'm trying to do, I always put ... you guys approved them in the past for me, a gas station on Levan and Plymouth and you liked it. I'd like to have like a new look of gas stations because they're all the same, identical, like a box. I'm trying to put some architectural sense and design, plus we're using the second story as an office for the owner because he owns more than the gas station. He would like to have a nice dean office 23474 which is viewed like his headquarters. That's his main office. So he would prepare paperwork in there and work from that location for his other locations. Mr. Alanskas: I don't have a problem with the two parts of the building, but on the one side, it just has one window showing on the one side. It looks kind of odd. Mr. Choucair: Actually, it's not. If you have a fire in that building downstairs, he's going to jump from that window on the roof, and then he'll jump down. Mr. Alanskas: I see. Mr. Choucair: He needs some window that he can break and go oulfrom. Mr. Alanskas: Did you design the gas station at the comer of Levan and Plymouth Road? Mr. Choucair: Yes, sir. Mr. Alanskas: Now, that is a gorgeous looking building. Mr. Choucair: Did you like the other one that you approved for me on Six Mile and Middlebelt, the strip mall? Mr. Alanskas: That looks nice also, but this one looks kind of blaze because of that one window. I would hope that you could somehow add another window or make it ... because it looks like it's off balance. Mr. Choucair: I can put another window on the other side for balance, but the main purpose I put it there was for a fire accident, really. Mr. Alanskas: I understand that, but I just think the way you have it shown there right now just looks ... I think it would look better with another window on the right hand side to make it look more appealing because the way it looks to me it doesn't look that good. Thank you. Mr. La Pine: Two questions. I notice in the write up it says you're going to have 13 employees on this upper level. Is that true? Mr. Choucair: How many? Mr. LaPine: Thirteen. Mr. Choucair: No. 23475 Mr. LaPine: How many employees will you have up there? Mr. Choucair: One, two, three. The owner and his daughter. No one is allowed to go to the upper story because it's a personal office use. Mr. LaPine: The second question, is there a convenience store here too? Mr. Choucair: Yes. Mr. LaPine: Is there anything connected with a carry out restaurant? Mr. Choucair: I don't think at the time being we're thinking about putting in a restaurant. Maybe we'll have a deli or from the coolers, but not like a restaurant. Mr. LaPine: No ice cream parlors orthings of that nature? Mr. Choucair: No. Mr. Morrow: I was looking at the Inspection Department's letter. Maybe I missed it, but is the petitioner aware of what the Inspection Department listed? Have you corrected those? They make reference to 850 square feel for the second floor and that this would be limited to 500 square feel. Mr. Choucair: Yes, that's fine. Mr. Morrow: I just want to make sure. And how about the restroom facilities? They are requiring separate ones and you can't have them in a storage room or an office. Mr. Choucair: Yes, we have to redesign the inside, the cashier area, and we try to gain as much as we can. Yes, we can work on that. Mr. Morrow: Then we have the building is going to require two separate exits located remotely from each other per the code. Now, is that required, the two exits? Mr. Miller: According to the Inspection Department, it is required by code. Mr. Morrow: Can thatbe accomplished? Mr. Choucair: Another exit? Mr. Morrow: Yes, another place to getout otherthan the main door. 23476 Mr. Choucair: From downstairs? I mean, we can put one ... Mr. Morrow: I guess what they're saying for kind of the same reason you want the guy to jump out the window. There's got to be another exit. Mr. Choucair: We're going to build a staircase that goes from the back all the way down and up the first roof to the window, so he'll have an exit from the second story. If this is the reason why they want another exit, then we'll do that. If they want another exit, we'll have to put it obviously from the front or from the side under the staircase. Mr. Morrow: Just another option. Mr. Choucair: Where the staircase goes to the second story, we can put one on the side under that staircase going to the outside, but I think R's not necessary to have that door especially where the cashier is because maybe they'll have like a situation. So we would like not to have any doors in that area. Mr. Morrow: Well, wherever you can find R. Mr. Choucair: I'll arrange that layout and maybe we can .... Mr. Morrow: And they make reference to a banner free seMce counter. I'm not sure what that means. Mr. Choucair: For handicapped probably to the cash register when you come up to the cashier, then they have a step down for handicapped in a wheelchair to sign. Yes, I've seen that in olhergas stations. Mr. Morrow: Well, thanks for clearing that up. Mr. Wilshaw: I was looking at your current station that you have there. There's an air pump that currently you have to pay for. Do you have any problem making that a free air pump? Mr. Choucair: I designed the building, but when we came to the construction, I look maybe the conception half way and they took over because they wanted to save some money. So also you guys said you wanted free air. I don't know why these guys put one without free air there. So I guess some officer can go there. Mr. Wilshaw: Several of my questions are really pointed toward the owners. Mr. Choucair: Are you talking about this one or the one that we had before? 23477 Mr. Wilshaw: No, this one here at Five Mile and Middlebelt. Mr. Choucair: Is it free? I thought you were talking about the old one. Mr. Wilshaw: No, no, no, no. Mr. Choucair: Oh, this one here? Definitely. Mr. Wilshaw: You also have a vacuum machine in the back right where the air pump is. Are you going to keep that vacuum cleaner there for people to vacuum out their cars? Mr. Choucair: I have no idea about that. Do you want to see a vacuum? Mr. Wilshaw: No. You have one now. I was just asking. I don't want to see one. Mr. Ali: You dont want to see it? Mr. Wilshaw: No. Mr. Choucair: Okay. Its not a problem. We can remove it from the back. Mr. Wilshaw: Okay. You don't have a problem removing that? Mr. Ali: No, but some customers like it for convenience to clean their Cars. Mr. Walsh: Sir, can we gel your name and address for the record please? Alex Ali: I'm the owner of the Five Mile and Middlebell station. Mr. Wilshaw: Okay, the other question I have is, right now you have some ice chests outside your facility. Mr. Ali: Yes. Mr. Wilshaw: Are you going to remove those at this new facility? Mr. Ali: Sure, because we can have a bigger room so we can have it inside because we'll have a bigger machine. Now there is no room inside atall. Mr. Wilshaw: Very good. Mr. Choucair: We have a bigger cooler. I think the cooler is a three door freezer and 17 door cooler, so we don't need that setup. 23478 Mr. Wilshaw: That's excellent. The only other question I have was regarding signage. Are you going to be changing the signage on the building or on the awnings? Mr. Choucair: Definitely. I think that's another thing that I have to get approved from the city because we have to follow the new ordinance about the sign on the street and on the building. Mr. Wilshaw: Right. So you're going to bang that back to us? Mr. Choucair: I think we are allowed on the street 48 square feel and not higher than 8 feel, and on the building we're allowed to have a maximum of 40 square feel. Mr. Wilshaw: Okay, but you're going to bring that back to us? Mr. Choucair: Yes, when we gel this going. Mr. Wilshaw: Okay. Mr. Walsh: Any additional questions? Thank you both for speaking this evening. I dont think there is anybody in the audience wishing to speak for or against this petition? I think you're all together. With that, a resolution would be in order. On a motion by Shane, seconded by LaPine, and unanimously adopted, it was #08-85-2006 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2006-07-08-16, submitted by Byblos General Contracting Company requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to demolish and reconstruct the gas station (Mobil) located at 29401 Five Mile Road in the Northeast % of Section 23, be approved subject to the following conditions: 1. That the Site & Landscape Plan marked Sheet SPA dated July 17, 2006, prepared by Byblos General Contracting Company, is hereby approved and shall be adhered to; 2. 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; 3. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 4. That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials 23479 shall be installed to the saflsfacflon of the Inspection Department and thereafter permanently maintained in a healthy condition; 5. That the Exterior Building Elevalion Plan dated July 17, 2006, prepared by Byblos General Contracting Company, is hereby approved and shall be adhered to, except that an additional window shall be added on the upper floor of the west elevation; 6. That the brick used in the construction shall be full face 4 inch brick; 7. 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; 8. That the gas pump island canopy shall not exceed 18 feet in height and its support columns shall be covered with the same brick used in the construction of the building; 9. That the leading edge of the pump island canopy shall not be any closer than 10 feel from the properly line; 10. That the lights of the pump island canopy shall be recessed in such a way that the intensity of the illumination is decreased; 11. That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the Stale of Michigan; 12. 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; 13. That the petitioner shall correct to the Inspection Department's satisfaction the items outlined in the correspondence dated August 8, 2006; 14. No outside storage, placement or display of merchandise shall be permitted at any time on this site, however the foregoing prohibition shall not apply to the display, on the pump islands only, of oil based products as permitted in Section 11.04(a) ofthe Zoning Ordinance; 23480 15. That free air shall be provided at all times this station is open for business. The free air shall be dispensed at the pointof-service without having to enter the station or the performance of any extra action in order to obtain the air without charge; 16. That no vehicle vacuum equipment or the outdoor placement of propane cylinder storage units shall be permitted on the site; 17. That the sale of ice shall be restricted to the inside of the building; 18. 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; 19. That no part of the pump island canopy fascia, with the exception ofslandard signage, shall be illuminated; 20. That no LED lighlband or exposed neon shall be permitted on this site including, but not limited to, the pump island canopy, building or around the windows; 21. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 22. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the dale of approval by City Council, and unless a building permit is obtained and construction has commenced, this approval shall be null and void at the expiration of said period. Mr. Walsh: Is there any discussion? Mr. Alanskas: To the maker of the motion, could we also add that we could put that second window at the lop of the building? Mr. Shane: Sure. No problem. Mr. LaPine: No problem. Mr. Walsh: We have no objections, so that will stand as amended. Any additional discussion? Before we vole, I just want to say, Mr. Choucair, I think the design concepts that you brought to the city 23481 are really to be commended. And I thank you clients for being willing to spend some extra money because I know it costs more to make these stations look better, but they really are a nice addition to our city and I appreciate your talents and your willingness to support that. Mr. Choucair: Thank you. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#5 APPROVAL OF MINUTES 928"' Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 928"' Regular Meeting held on July 11, 2006. On a motion by Wilshaw, seconded by LaPine, and unanimously adopted, it was #08-86-2006 RESOLVED, that the Minutes of 928" Regular Meeting held by the Planning Commission on July 11, 2006, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Wilshaw, LaPine, Alanskas, Shane, Morrow, Smiley, Walsh NAYS: None ABSENT: None ABSTAIN: None Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM#6 APPROVAL OF MINUTES 392"" Special Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 392n° Special Meeting held on July 18, 2006. On a motion by Morrow, seconded by Smiley, and adopted, ilwas #08-87-2006 RESOLVED, that the Minutes of 392"d Special Meeting held by the Planning Commission on July 18, 2006, are hereby approved. 23482 A roll call vote on the foregoing resolution resulted in the following: AYES: Morrow, Smiley, Alanskas, LaPine, Wilshaw, Walsh NAYS: None ABSENT: None ABSTAIN: Shane Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 930r" Regular Meeting held on August 15, 2006, was adjourned at 9:10 p.m. CIN PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: John Walsh, Chairman