HomeMy WebLinkAboutPLANNING MINUTES 2009-08-11MINUTES OF THE 985TH REGULAR MEETING
HELD BY THE CITY PLANNING COMMISSION
OF THE CITY OF LIVONIA
On Tuesday, August 11, 2009, the City Planning Commission of the City of
Livonia held its 9W Regular Meeting in the Livonia City Hall, 33000 Civic Center
Drive, Livonia, Michigan.
Mr. Lee Morrow, Chairman, called the meeting to order at 7:00 p.m.
Members present: Deborah McDermott R. Lee Morrow Lynda Scheel
Ashley Vartoogian Carol A. Smiley Joe Taylor
Ian Wilshaw
Members absent: None
Messrs. Mark Taormina, Planning Director, and Scott Miller, Planner III, were
also present.
Chairman Morrow 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 pefifion is approved or denied. The Planning
Commission holds the only public hearing on a request for preliminary plat and/or
vacating petition. The Commission's recommendation is forwarded to the City
Council for the final determination as to whether a plat is accepted or rejected. If
a petition requesting a waiver of use or site plan approval is denied tonight, the
petitioner has len days in which to appeal the decision, in writing, to the City
Council. Resolutions adopted by the City Planning Commission become
effective seven (7) days after the date of adoption. The Planning Commission
and the professional staff have reviewed each of these pefifions upon their fling.
The staff has furnished the Commission with both approving and denying
resolutions, which the Commission may, or may not, use depending on the
outcome of the proceedings tonight.
ITEM #1 PETITION 2005-03-08-05 EDCO REAL ESTATE
Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2005-03-
08-05 submitted by EDCO Real Estate Ventures, L.L.C.
requesting approval of all plans required by Section 18.58 of the
Zoning Ordinance in connection with a proposal to construct an
addition and renovate the exterior of the service station located
at 34901 Ann Arbor Trail, on the southwest comer of Wayne
Road and Ann Arbor Trail in the Southwest % of Section 33.
August 11, 2009
25090
Mr. Miller: This is a request to reactivate a site plan petition, which seeks
approval to construct an addition and renovate the exterior of
the existing gas station located on the southwest corner of
Wayne Road and Ann Arbor Trail. In connection with a previous
review of this petition, the Planning Commission had
recommended approval of the plans proposing to construct an
addition that would have increased the size of the building from
884 square feel to an expanded size of 2,296 square feel. After
its own review of this petition, the City Council determined to
refer this item to the Committee of the Whole. Following its
discharge from the Committee of the Whole, the City Council
adopted a resolution at its Regular Meeting of August 14, 2005,
referring this petition back to the Planning Commission for
further discussion and review. After the Council's referral back
to the Planning Commission, the petitioner decided not to
immediately proceed with this petition. However, the gas station
facility recently sustained substantial damage when a vehicle
collided with the building and, as a result, had to close.
Because of the considerable amount of repair work that would
be needed to reopen the facility, the petitioner now wishes to
continue on with the request to expand the building. The new
plans show an expanded building that would be somewhat
smaller than previously proposed. The petitioner is now
proposing to expand the building to a total of 2,044 square feel.
The building would be expanded 13.5 feel to the north and 17
feet to the east. The building is not proposed to be expanded to
the south because the existing underground gasoline storage
tanks are located in that area. The gasoline station would
continue to have four gas pumps as currently exist on the site.
Because the proposed building expansion would bring the north
building wall to a distance of 10 feel from the pumps located
between the building and the north property line, the two pumps
north of the building would be modified to service cars only on
one side, the north side. The two gas pumps in the area south
of the building would continue to service vehicles from both
sides. The existing pump island canopy, which extends over
the building, and both fuel dispenser areas would remain, and
the plans indicate that the existing support columns would be
finished with brick. The expanded convenience store/gas station
building as proposed would have deficient setbacks from both
Wayne Road and Ann Arbor Trail. They are required to have 75
feel from any right-of-way. The proposed front yard nghtof-way
from Ann Arbor Trail would be only 48 feet. This is a deficiency
of 27 feel. The required side yard from a major thoroughfare is
75 feel. The proposed side yard, which would be on Wayne
Road, is only 58 feel, so that's a deficiency of 17 feel. Because
of the deficient setbacks from both streets, variances would be
required from the Zoning Board of Appeals. Parking for a gas
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25091
station is based on the square footage of the floor space
devoted to retail sales and one space per employee. The floor
plan is showing 1,000 square feet of retail space within the
building, and the petitioner is showing only one employee. The
total parking requirement for the convenience store is eight
parking spaces. The site plan provides 11 spaces with parking
along the south property line and a handicap space to the east
of the building. Landscaping shown on the site plan constitutes
12 percent of the total site area, which is 3 percent less than the
required 15 percent. The plan shows that new plant materials
would be installed in the existing landscaped areas, which are
adjacent to Wayne Road and Ann Arbor Trail, and a portion of
the parcel along the south and west properly lines. The new
installed plants would consist of dogwood shrubs. The
architecture of the exterior of the building shown on the revised
building elevation plans is very similar to the previous plan
submitted for the proposed building expansion. The existing
walls that would remain and the new walls for the expanded
areas of the building would be finished with the same exterior
materials on all four sides of the building. The walls would be a
combination of split face block, brick and Dryvit. At the base of
the walls would be a 3 fool wainscot of split face block. The
middle section of the walls would be brick. Along the lop one-
third of the building would be Dryvil with a decorative cornice.
That is the extent of the proposal.
Mr. Morrow:
Thank you very much. Before we get to the correspondence, do
we have any questions relative to the site plan and/or the
elevation plans?
Ms. Smiley:
Mark, were we going to check to see if the pumps were too
close to the building or if that's a legal limit? Didn't the pumps
seem a litfle close to the building?
Mr. Taormina:
Actually, the first item of correspondence addresses that issue.
That's a letter by the Fire Marshal and they provide those
minimum standards. I believe they are being complied with,
although there will be some additional review necessary at the
time of the plan review process to make sure there is full
compliance. But as the plan is presented to you this evening,
does not look like ilwould be a problem.
Ms. Smiley:
Okay. Thank you.
Mr. Taylor:
If I could follow-up on that, Mark. The letter says it needs to be
20 feel from any fixed source of ignition. I don't know exactly
what that means.
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25092
Mr. Taormina:
That's referring to a hot water heater or something with a pilot
light, those types of things, within the interior of the building. I'm
not sure where the mechanical is shown. Maybe Scott can go
back to the floor plan if it shows the mechanical for the building.
I'm guessing it's going to be in the southwest corner. The utility
room appears to be in excess of 20 feet from that location, but
those measurements will be undertaken at the time of plan
review. If there are some adjustments needed, they would be
required within the interior of the building.
Mr. Taylor:
Did I hear you say the pumps are 10 feel from the building?
Mr. Taormina:
The plan is now showing the pumps 10 feel from the building,
so as long as the hoses aren't in excess 5 feel.
Mr. Taylor:
They are supposed to be 5 feet according to the letter.
Mr. Taormina:
That's correct.
Mr. Taylor:
Thank you.
Mr. Morrow:
And with that, if there are no further questions, we will now go to
the correspondence.
Mr. Taormina:
There are four items of correspondence. The first item is from
the Engineering Division, dated August 6, 2009, which reads as
follows: "The Engineering Division has completed its review of
the BP Filling Station project at the above -referenced location.
The work consists of a small building expansion, and it appears
that there is no work contemplated in the right-of-way or
easements that would require a permit from the Engineering
Division. Note that should it be determined by the architect that
any work involving new sewer or water leads or drive approach
work is needed, a permit will be required from the Engineering
Division." The letter is signed by Kevin G. Roney, P.E.,
Assistant City Engineer. The second letter is from the Livonia
Fire & Rescue Division, dated August 5, 2009, which reads as
follows: "This office has reviewed the site plan submitted in
connection with a request to construct an addition and renovate
the exterior of the gas station located at the above -referenced
address We have no objections to this proposal with the
following stipulations: (1) The pumps need to be 20 feet from
any fixed sources of ignition. (2) When the hose is fully
extended, the nozzle shall not reach within 5 feet of building
openings. (3) Adequate hydrants shall be provided and located
with spacing consistent with the use group. (4) Access around
building shall be provided for emergency vehicles with a
minimum vertical clearance of thirteen feet six inches, a turning
August 11, 2009
25093
radius of fifty-three feet wall to wall and an inside turning radius
of twenty-nine feet six inches." The letter is signed by Donald F.
Donnelley, Fire Marshal. The third letter is from the Division of
Police, dated August 6, 2009, which reads as follows: "We have
reviewed the plans connection with Wayne/Ann Arbor Trail Gas
Station located at 34901 Ann Arbor Trail. We have no
objections or recommendations to the plans as submitted." The
letter is signed by David W. Shirt(, Sergeant, Traffic Bureau.
The fourth letter is from the Inspection Department, dated
August 7, which reads as follows: "Pursuant to your request of
July 29, 2009, the above -referenced petition has been reviewed.
The following is noted. (1) Based on the revised plans submitted
on August 5, 2009, the front yard setback is proposed at 48 feet
where 75 feet is required. The side yard setback is proposed at
58 feet where 75 is required. A variance from the Zoning Board
of Appeals would be required to maintain these deficiencies. (2)
All parking spaces are required to be double striped. (3) The
barrier free parking space is required to be van accessible and
property sized, signed and striped. An accessible mute will be
required from the barrier free parking space proposed at the
entrance of the building, (4) The existing parking lot shall be
repaired and sealed as necessary. (5) Currently, this station is
required to provide free air to the public per Zoning Board of
Appeals Case #8585-73. The Commission and/or Council may
wish to address this item and add the statement. That free air
shall be provided at all times this station is open for business.
The free air shall be dispensed at the point of service without
having to enter the station or the performance of any extra
action in order to obtain the air without charge. (6) The existing
dumpster enclosure and gates need to be repaired or replaced.
The woven material in the chain link gate is not permitted. This
Department has no further objections to this petition." The letter
is signed by Jerome Hanna, Assistant Director of Inspection.
That is the extent of the correspondence.
Mr. Morrow: Are there any questions relative to the correspondence?
Seeing none, would the petitioner please come forward and add
his remarks to what we've seen so far? We will need your
name and address?
Tahnk Alcodray, 330 River Lane, Dearborn, Michigan 48124. Good evening.
Mr. Morrow: Good evening. Would you like to add anything to the
presentation?
Mr. Alcodray: I just would like to add regarding the landscaping, I believe it
was noted by the architect, but we do plan on completely
revamping the existing landscaping in the existing form that you
August 11, 2009
25094
see it in, along with insuring that all sprinkler systems are fully
operational, resodding the grassed area along Wayne and Ann
Arbor Trail for the city.
Mr. Morrow:
That sounds like good news, and what you're saying is its going
to be a call back item once the landscape artist has developed a
plan?
Mr. Alcodray:
Yes. Exactly.
Mr. Morrow:
Are there anyqueslions ofthe petitioner bylhe Commission?
Ms. Scheel:
Do you plan on keeping the same sign or replacing the sign?
Mr. Alcodray:
We're planning on keeping the existing sign.
Ms. Scheel:
Keeping the existing sign? Okay. Is there any outside lighting
that is going to be added?
Mr. Alcodray:
Currently, we've got pole lights, I believe at every entrance and
exit. I'm not 100 percent sure. I believe that we do. So as of
right now, no, we're not planning any additional, but I mean as
the building sits today, I think the ceiling height is 8 feel. The
new building, I think calls a 12 fool ceiling height. So the
building itself will appear much more illuminated, much more lit
up, a much more appealing atmosphere. I think the whole
corner will appear to be much more lit with this new layout.
Ms. Scheel:
Okay. Thank you. That's it for me.
Ms. Vartoogian:
Did you gel a copy of the correspondence from the Inspection
Department with the items that were listed?
Mr. Alcodray:
It may have went to the facility and the mail is being forwarded
now. So I may not have gotten it. I don't know.
Ms. Vartoogian:
Did you hear the items thalwere listed?
Mr. Alcodray:
Yes.
Ms. Vartoogian:
Do you believe that you can comply with all the things that were
listed, including the free air?
Mr. Alcodray:
Yes. I think we've even marked on the plan that there will be
free air. And actually, we give free air today but there's a switch
that we have to activate inside. We will remove that switch and
rewire it and just make it free permanently.
Mr. Alcodray:
August 11, 2009
Mr. Taylor:
25095
Ms. Vartoogian:
Okay. Also, last week, we asked you to bring some building
material samples.
Mr. Alcodray:
Yes.
Ms. Vartoogian:
Did you bang those with you?
Mr. Alcodray:
I did not bring them with me but I have asked to gel them. I can
Mr. Taylor:
make them available for your review, probably within a week or
so.
Ms. Vartoogian:
Okay. Thank you.
Mr. Morrow:
Along that line, R would probably be productive because we will
be taking action tonight to make sure when you go before City
Council, either with an approval or an appeal, that you provide
them with the building malenals and the color scheme.
Ms. Smiley:
Do you have just one employee at a time there?
Mr. Alcodray:
Yes. During the course of business, there's one employee, but
during the shift change, you may have more than one as they
come and go, but typically it's one employee.
Ms. Smiley:
Is that typical of most gas stations? I'm thinking security or
safely -wise.
Mr. Alcodray:
Yes. Typically, most have got one cashier. You have, maybe a
couple hours of day, someone else there helping to clean up,
but typically during normal business hours, it's one employee.
Ms. Smiley:
Thank you.
Mr. Taylor:
Do I remember you're going to keep the same canopy that you
have now?
Mr. Alcodray:
Yes.
Mr. Taylor:
How are your lights located underneath the canopy? Are they
extended out, because what we're asking for, and I dont know
whether you've done it this way or not, they're flush so that they
dont illuminate a lot of light.
Mr. Alcodray:
I have to go look, but I'm almost positive that the bottom of the
lights do not protrude beneath the metal awning themselves.
Mr. Taylor:
I'm sure Mark can tell you exactly what we need.
August 11, 2009
25096
Mr. Alcodray: But they're not flush per se. The ballasts themselves do come
down below the roof of the canopy but they are not visible from
the road. In other words, the perimeter of the canopy itself kind
of conceals the lights. I'm not sure what the requirement is.
Mr. Taylor: With the newer stations, we had them more or less flush, didn't
we, Mark?
Mr. Taormina: Yes. We like to see them flush, but I think to the extent that the
canopy, the fascia, kind of acts as a skirl, and if its low enough,
then it achieves the same fad in terms of shielding those lights,
preventing the glare that is so problematic with a lot of gas
stations where the lights extend maybe a fool below the canopy.
We'll take a look at this and see whether or not they can be
modified.
Mr. Taylor: And the parking spaces on the south side of the building, are
they 10 feel by 20 feel? Are they long ways or are they
parallel? I can't tell by your plan.
Mr. Taormina: This plan shows them as being perpendicular to the property
line, if that's the question. They are 10 feel by 20 feet.
Mr. Taylor: So they don't have to be double striped then?
Mr. Taormina: Yes, they would still have to be double striped.
Mr. Taylor: They will be double striped?
Mr. Taormina:
Yes.
Mr. Taylor:
Okay. Thank you.
Mr. Morrow:
Arethere any otherquestions?
Mr. Wilshaw:
Are you planning any outdoor storage of merchandise or ice
containers or any oflhal type of thing?
Mr. Alcodray:
We do have one ice freezer that is normally on the outside of
the building, but as far as stocking any loose inventory, no.
Mr. Wilshaw:
I believe our approving resolution, if it's given tonight, is going to
ask that the ice be stored inside the building. Is that a problem?
Mr. Alcodray:
No. With this proposal, it would not be. We'll have an indoor
freezer now, and that should not be a problem.
Mr. Wilshaw:
Okay. What are your hours of operation?
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25097
Mr. Alcodray:
6:00 a.m. to midnight, I believe.
Mr. Wilshaw:
Okay. So you're not a 24-hour station?
Mr. Alcodray:
No.
Mr. Wilshaw:
Okay. Thank you very much.
Mr. Morrow:
Seeing no further questions, I'll ask if there is anybody in the
audience that wishes to speak for or against the granting of this
petition? Seeing no one coming forward, a motion would be in
order.
On a motion by McDermott, seconded by Scheel, and unanimously adopted, it
was
#0833-2009
RESOLVED, that the City Planning Commission does hereby
recommend to the City Council that Petition 2005-03-08-05
submitted by EDCO Real Estate Ventures, L.L.C. requesting
approval of all plans required by Section 18.58 of the Zoning
Ordinance in connection with a proposal to construct an addition
and renovate the exterior of the service station located at 34901
Ann Arbor Trail, on the southwest corner of Wayne Road and
Ann Arbor Trail in the Southwest % of Section 33, be approved
subject to the following conditions:
1. That the Site Plan marked Sheet No. A-01 dated July 27,
2009, as revised, prepared by Engineering Services, Inc.,
is hereby approved and shall be adhered to;
2. That a fully detailed landscape plan shall be submitted for
approval to the Planning Commission and City Council
within sixty (60) days following approval of this petition by
the City Council;
3. That the Exterior Building Elevation Plan marked Sheet No.
A-03 dated July 27, 2009, as revised, prepared by
Engineering Services, Inc., is hereby approved and shall
be adhered to;
4. That the brick used in the construction shall be full face
four (4") inch brick;
5. That the three walls of the trash dumpsler 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
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building, and the enclosure gates shall be of solid panel
steel construction or durable, long-lasting solid panel
fiberglass. The enclosure gates shall be maintained and
when not in use closed at all times;
6. 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;
7. That the gas pump island canopy shall not exceed
eighteen (18') feel in height and its support columns shall
be covered with the same brick used in the construction of
the building;
8. That the leading edge of the pump island canopy shall not
be any closer than len (10') feet from any property line;
9. That the lights of the pump island canopy shall be
recessed in such a way that the intensity of the illumination
is decreased;
10. That this site shall meet either the City of Livonia or the
Wayne County Storm Water Management Ordinance,
whichever applies, and shall secure any required permits,
including storm water management permits, wetlands
permits and soil erosion and sedimentation control permits,
from Wayne County, the City of Livonia, and/or the Slate of
Michigan Department of Environmental Quality,
11. That all light fixtures shall not exceed twenty (20') feet in
height and shall be aimed and shielded so as to minimize
stray light trespassing across property lines and glaring
into adjacent roadway;
12. That the petitioner shall correct to the Fire Department's
satisfaction the items outlined in the correspondence dated
August 5, 2009;
13. That the petitioner shall correct to the Inspection
Department's satisfaction the following items outlined in the
correspondence dated August 7, 2009:
- That the parking spaces shall be double striped and
shall be 10 feel by 20 feel;
- That the existing parking lot shall be repaired and
sealed as necessary;
August 11, 2009
25099
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) oflhe Zoning Ordinance;
15.
That free air shall be provided at all times this station is
open for business. The free air shall be dispensed at the
point of 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 this approval is subject to the petitioner being granted
a variance from the Zoning
Board of Appeals for deficient
building setbacks and any conditions related thereto;
19.
That only conforming signage is approved with this petition,
and any additional signage shall be separately submitted
for review and approval by the Zoning Board of Appeals;
20.
That no part of the pump island canopy fascia, with the
exception of the embossed logos, shall be illuminated;
21.
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;
22.
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,
23.
pursuant to Section 19.10 of Ordinance #543, the Zoning
Ordinance of the City of Livonia, this approval is valid for a
period of one year only from the date of approval by City
Council, and unless a building permit is obtained, this
approval shall be null and void at the expiration of said
period.
Mr. Morrow: Is there
any discussion? Just a point of information, because I
think
the petitioner had not received the Inspection Department
August 11, 2009
25100
letter and there were a couple of items in there that I want to
make sure you're aware of. One is the parking spaces will be
double striped and conform to 10 feet by 20 feet. And secondly,
the parking lot shall be resealed and repaired wherever
necessary. Mr. Taormina, should that be included in the
resolution or should we just make that a part of the record?
Mr. Taormina:
Right now, it is included by reference, but we can include those
condifions directly in the resolution.
Mr. Morrow.
How does the Commission feel about that? Is it all right with the
mofion maker and supporter?
Ms. McDermott:
It's fine with me.
Ms. Scheel:
Okay.
Mr. Morrow:
Then we will include it. Is there any other discussion?
Mr. Taylor:
Mark, do they need a seven day waiver on this? I know they
were in a hurrylogelgoing on it.
Mr. Taormina:
I'll have to look at the calendar because I don't know the answer
to that. We did not discuss that previously. It probably wouldn't
hurt.
Mr. Taylor:
I would offerthat, Mr. Chairman. That station is not in very good
shape right now.
Mr. Morrow:
We will handle that as a separate motion once we call the roll. If
that's the end of the discussion, I'll ask for a roll call. The
mofion is carried and the foregoing resoluton adopted. It will go
on to City Council with an approving resolution.
Mr. Taylor:
I will offer the seven day waiver.
Mr. Taormina:
If I may, Mr. Chairman?
Mr. Morrow:
Yes.
Mr. Taormina:
What that would do is allow the petitioner possibly to gel on the
August 31 agenda of the City Council and not have to wail until
mid-September for the hearing.
Mr. Taylor:
I knew they were anxious to gel going, and I'm assuming that
the President of the Council will agree with it.
Mr. Morrow:
Al least you Will have the opportunity to ask her.
August 11, 2009
25101
On a motion by Taylor, seconded by Scheel, and unanimously approved, it was
#0834-2009 RESOLVED, that the City Planning Commission does hereby
determine to waive the provisions of Section 10 of Article VI of
the Planning Commission Rules of Procedure, regarding the
effective dale of a resolution after the seven-day period from the
dale of adoption by the Planning Commission, in connection
with Petition 2005-03-08-05 submitted by EDCO Real Estate
Ventures, L.L.C. requesting approval of all plans required by
Section 18.58 of the Zoning Ordinance in connection with a
proposal to construct an addition and renovate the exterior of
the service station located at 34901 Ann Arbor Trail, on the
southwest corner of Wayne Road and Ann Arbor Trail in the
Southwest % of Section 33.
Mr. Morrow, Chairman, declared the motion is carried and the foregoing
resolution adopted. It will go on to City Council with an
approving resolution.
ITEM#2 APPROVAL OF MINUTES 980 Regular Meeting
Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the
Minutes of the 980 Regular Meeting held on July 28, 2009.
On a motion by Scheel, seconded by McDermott, and adopted, it was
#0835-2009 RESOLVED, that the Minutes of 984s' Regular Meeting held by
the Planning Commission on July 28, 2009, are hereby
approved.
A roll call vote on the foregoing resolution resulted in the following:
AYES: Scheel, McDermott, Wilshaw, Taylor, Smiley,
Walsh
NAYS: None
ABSTAIN: Varloogian
ABSENT: None
Mr. Morrow, Chairman, declared the motion is carried and the foregoing
resolution adopted.
Mr. Taylor: Before we adjourn, I'd like to congratulate the new officers we
have. Yourself, as Chairman, Ian Wilshaw as the Vice
Chairman, and Carol Smiley as Secretary. We recently had an
August 11, 2009
25102
election and those persons were serving before and are doing a
grealjob and agreed to do that again.
Mr. Morrow: Thank you, Commissioner Taylor. We appreciate those
remarks.
Ms. Smiley: Thank you very much.
On a motion duty made, seconded and unanimously adopted, the 985" Regular
Meeting held on August 11, 2009, was adjourned at 7:30 p.m.
CITY PLANNING COMMISSION
Carol A. Smiley, Secretary
ATTEST:
R. Lee Morrow, Chairman