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HomeMy WebLinkAboutPLANNING MINUTES 2013-09-17MINUTES OF THE 1,043rtl PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, September 17, 2013, the City Planning Commission of the City of Livonia held its 1,04V Public Hearings and 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: Scott P. Bahr R. Lee Morrow Lynda L. Scheel Carol A. Smiley Gerald Taylor Ian Wilshaw Members absent: None Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program Supervisor, were also present. Chairman Morrow informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in 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 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 2013-07-01-04 SCHOOLCRAFT COLLEGE Ms. Scheel, Secretary, announced the first item on the agenda, Petition 2013-07- 01-04 submitted by Schoolcreff College pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the property at 39201 Seven Mile Road, located on the southeast corner of Seven Mile Road and Haggerty Road in the Northwest 1/4 of Section 7, from PO (High Rise Professional Office) to PL (Public Land). September 17, 2013 25942 Mr. Taormina: This is a rezoning petition submitted by SchoolcraR Community College. The property that we're discussing this evening is located at the southeast corner of Seven Mile and Haggerty Roads. The petitioner's request is to rezone the property from its current zoning classification of PO, Professional Office, to PL, Public Lands. The property is about 9.40 acres in area. It has 715 feel of frontage along Seven Mile Road and roughly 575 feet of frontage on Haggerty Road. In terms of the adjacent land uses and zoning, immediately to the east of the subject properly is an office complex that is known as Seven Mile Crossing. It's under the PO, Professional Office, zoning classification. There is also the Andiamo Restaurant zoned C-2, General Business. Directly across Seven Mile on the north side is the Macaroni Gnll as well as additional restaurants that are part of the Pentagon Entertainment Campus, including an Amensuites hotel and the AMC 20 theater complex. West, across Haggerty Road, is Northville Township, and then lying immediately adjacent to the property to the south is the campus of SchoolcraR College. This is the site of the former Amencan Community Mutual Insurance building that is a 120,000 square fool, four-story structure that was built in the early 1980's. Following closure of the building and placement of Amencan Community Mutual Insurance Company's assets under Rehabilitation by the Commissioner of the Office of Financial and Insurance Regulation, Schoolcraft College acquired the building and the property earlier this year. The proposed PL zoning classification is consistent with SchoolcmR's efforts to re - purpose the four-story building primarily for educational purposes. The interior of the existing building will be remodeled in phases to accommodate administrative offices as well as classrooms. Due for opening in July, 2014 within the lowest level of the structure will be the Emergency Operations Center as well as the Security Offices and a student lounge. On the first floor scheduled for opening in August, 2014, will be the Commercial Co-Locafion Datacenter as well as several mixed- use classrooms and computer labs. On the second floor will be the President's Office, Human Resources, Public Relations, Foundation and Continuing Education Professional Development. The third floor will house the Business Development Center as well as two university partners' offices. The fourth floor would house the College's Finance and Business Operations. The College is also planning on expanding the southeast entrance. Schoolcmft has provided us with some additional renderings, and this rendering is something that was not previously available to you at the study session. It illustrates some of the improvements that are proposed in the southeast comer of the building including a new September 17, 2013 25943 entranceway that will be oriented towards the college. Again, this is going to lie -in to other parts of the campus directly across from the Vista Tech center. It will feed right into the lower level of the structure where the student lounge will be located. This is a plaza that will be created as part of the improvements to the buildings. So the features that you see, like this overhang, really represenljust a new entryway into that part of the building facing the campus. This is a plan that provides a bird's eye view of what the plaza and entryway will look like with the divergent sidewalks to the overhead canopy. With that, Mr. Chairman, I will answer any questions or go right on to the correspondence. We only have one item to read out. Mr. Morrow: Let's do that Mr. Taormina: There is one item of cortespondence from the Engineering Division, dated August 13, 2013, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced rezoning petition. The legal description provided appears to be is correct, and the address for this site is confirmed to be 39201 Seven Mile Road. The site is currently serviced by storm sewer, sanitary sewer and water main, but any redevelopment to the site may require changes to the existing easements and services depending on the proposed layouts. There is an existing 24 -inch storm line along the south side of Seven Mile Road heading east that flows to the Denmar Drain. Any redevelopment to the site will require storm water detention meeting the Wayne County Storm Water Ordinance as well as the current City of Livonia design standards. The owner will need to submit plans to the City of Livonia's Engineering Department for approval. Should the existing site be redeveloped, we would request that the owner provide revised grading plans that remove the existing retaining walls and improves the comer site distances along the southeast comer of the Seven Mile Road and Haggerty Road intersection. Any work within the mad right -0f --ways will be under the junsdiction of Wayne County and would require a permit. A soil erosion and sedimentation control (SESC) permit will be required and involve separate plans to be submitted if the proposed site is one acre or more or within 500 feet of a lake or stream. This permit and associated fees will be handled by the City of Livonia's Engineering Department before any work commences." The letter is signed by David W. Lear, P.E., Civil Engineer II. That is the extent of the correspondence. Mr. Morrow: Are there any questions of the Planning Director? September 17, 2013 25944 Mr. Wilshaw: Mr. Taormina, just educate me a litlle bit as to the tax implications of making the zoning PL. That's a lax-exempt zoning. The buildings would be tax exempt based on their usage. Mr. Taormina: That more than likely will be the case, and could very well be the case today. There are certain elements to this building that will involve some private enterprise and a lease agreement between the college and private companies wherein the personal property of those business operations within the center may actually be taxable. There will probably be some taxable element to the site, but it would be a small part involving whatever parts are leased out for private for-profit business purposes. Mr. Wilshaw: Okay. Great. Thankyou. Mr. Morrow: Mr. Bahr, did you have a question? Mr. Bahr: I did but Mr. Wilshaw asked my question. Mr. Morrow: Okay. Is the petitioner here this evening? We will need your name and address for the record please. Glenn Cerny, CFO and Vice President, Schoolcmft Community College, 18600 Haggerty Road, Livonia, Michigan 48152. Mr. Morrow: So you've heard the presentation. Is there anything you would like to add to that? Mr. Cerny: I think to go onto the question that Mr. Wilshaw and Mr. Bahr we're interested in. The college is very interested in making sure that the lax base continues to thrive, so we're working with a Commercial Co-Location Data Center to locale it into the facility. It will be about 6,650 square feet in that facility. It will house a tier three level data center which is a fairly comprehensive data center that will have about 157 racks. It will support the local business arena as well as the college's needs for data. So that's a taxable enterprise, very similar to what we did with College Park and Seven Mile Crossing where those are entities wherethe college owns the land, but the lease comes and there's tax. wanted to make surethat was there as part of the deal. You'll see the picture that is from the southeast entrance is a very important piece to the college because obviously it is an office building that we are trying to rehabilitate into an academic environment, and so we're pulling that front entrance, essentially, which is the back entrance, so that it kind September 17, 2013 25945 of moves toward Vista Tech. You'll see that is very flat. You'll see that this person with a handicap does not need to be wheeled in from the back. It's all in the front. The president was very adamant, and our Board of Trustees were very adamant about that. You'll see its a very academic -type of a landscape. It was very important that we did that. The other piece that's involved in this facility is that we're going to be housing two universities. They will essentially be able to provide, in Livonia now without having to leave Livonia, two year, four year and masters degree programs, and potentially PhD programs, right in that site right on our premises. That's a big informational piece that our Board of Trustees and our President are working on, and the announcement will be coming in the next couple months about those two universities. Other than that, I think it speaks for itself. Mr. Morrow: Does the Commission have any questions of Mr. Cerny? Mr. Wilshaw: Thank you for the explanation of what the building is going to be used for and the information about the Co -Location Data Center. Is this going to provide additional job opportunities for SchoolcraR College as part of this expansion to this building, and also that Co -Location Data Center? Mr. Cerny: We think it will. We know that data centers are growing and expanding. Our Schoolcraft Development Authority Board has been working on this process to research data centers in the area. The growth in the data center requirements are obviously going to provide for new employment in that location, in that colocalion area. It also aligns with our academic purpose of leaching our students not just theory, but practice. Our students are going to be able work in that data center as part of internships and being able to get real experience, which is what the universities are all trying to get to and what we in the community college world have been doing for a long time, which is applied hands -0n type work. Mr. Wilshaw: Right. So instead of having a theoretical computer program where they have some servers in the classroom, they actually will have live equipment that is being used in the field that people are using that they can work on and see and understand how it impacts business. Mr. Cerny: Yes. Mr. Wilshaw: That's excellent. That sounds really good. The entrance looks very nice. I think its an attractive upgrade to the site. Are you September 17, 2013 25946 going to make some other changes to the site in terms of traffic management, entranceways, driveways, any of those types of things? Mr. Cerny: That's a good question. Yes. You'll see right now the entrance off of Seven Mile ... where it's located right now. We would like to move that a little bit further to the east, which would line up with the properly that is to the north, which are the theaters and the Hyatt Hotel. We have a company called Opus which is now doing a traffic study. They performed one for our campus originally, and now they're looking at this as an opportunity for us to move our driveway and to potentially then service Seven Mile Crossing in a much more efficient manner. They are recommending to Wayne County that there be a light placed there. It would be sufficient and it would meet the requirements. This is what they've been telling us. We are working right now with Schostak's group, with Seven Mile Crossing, and Mark is going to help me with some contacts across the street to try to pull that together because it's obviously a faidy intensive process to move that and the college's resources wont ... we can't afford to do that right now, but we definitely in a collaboration would be much more willing to talk about that. But right now we're performing the study. Opus is doing the study right now. Mr. Wilshaw: And there would also be access through this site onto the college campus as well, because right now I dont believe there is direct access. Mr. Cerny: Right. What's going to happen is we've worked with DTE. Right now you'll see if you come across and you see the north parking lot, those power lines and the AT&T lines are very low. AT&T is going to have to raise those power lines up. We just unfortunately had to pay them some money to do that. They're going to raise the lines up which will then allow us to make the connection from Seven Mile all the way to our north parking lot, all the way into the Vista Tech. There will be curb cuts that will be put in place and there's a ring road that is part of our project too, that's winding around to the back of the parcel, back of our properly, that eventually will connect Seven Mile to Six Mile, and that's to give us access to our back properly for future development for future taxable revenue for the City and for us. Mr. Wilshaw: Even though some of this may not be a taxable gain for the City, it's certainly a gain to the community and the City in terms of educational enhancement and also providing additional services to the community in the data center and other services that September 17, 2013 25947 you're going to provide to the university program. So I still appreciate that very, very much. Mr. Cerny: Thankyou. Ms. Scheel: Do you have a proposed timeline that you can share with us this evening? Mr. Cerny: Absolutely. Mark is going to help me make sure we gel in the building in December. We have the fourth floor, which is the Finance and Business area we'll be moving December 15 and that's to make sure that all the bugs are worked out before we get the rest of the group in. The rest of the group will be coming in June. That will be the second floor and the third floor and the first floor will be in the July -August timeframe. We plan on opening the enfire facility in the Fall of 2014. The universities that will be participating, we are planning to have those programs and students enrolled in those classes Fall, 2014. Ms. Scheel: What about the outside changes that we just saw. Mr. Cerny: The first portion which you saw, there will be one walkway that will be ready to go. The middle walkway will be ready to go for December for egress for our individuals to gel in the building. The rest of it will be done in the Spring of 2014. We're going to be doing some plantings in the red over there. We're going to be doing those this Fall. There's going to be low level growing sumac that will be going over there to spruce it up over in that area. And those are the two pieces we're going to do on the outside. Ms. Scheel: Okay. Thank you. Mr. Morrow: Mr. Cerny, do you have any concern about the target dale of December 15? Mr. Cerny: Mark will help us. Mr. Morrow: The reason I ask is we can waive the seven days getting to the Council if Mark feel that it will do any good. He's shaking his head. Apparently the agenda is jammed up and he cant fit it in. Our heart was in the right place. Mr. Cerny: Thanks. I appreciate that. Mr. Morrow: Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming September 17, 2013 25948 forward, I'm going to close the public heading and ask for a motion. Mr. Taylor: It looks like this has been well thought out, and although we're looking at a lot of different plans and everything, actually all we're talking about tonight is zoning. I'm assuming some of the plans will come back to us, Mark, for all of the road work they're going to do and rights-of-way and things like that. Actually, we're changing the zoning but we're not changing the use much because its going to be mostly office again. Although its going to go from Professional High Rise to Public Land, it will basically be used for office. On a motion by Taylor, seconded by Scheel, and unanimously adopted, it was #0931-2013 RESOLVED, that pursuant to a Public Heading having been held by the City Planning Commission on September 17, 2013, on Petition 2013-07-01-04 submitted by SchoolcraR College pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the property at 39201 Seven Mile Road, located on the southeast corner of Seven Mile Road and Haggerty Road in the Northwest 1/4 of Section 7, from PO (High Rise Professional Office) to PL (Public Land), the Planning Commission does hereby recommend to the City Council that Petition 2013-07-01-04 be approved for the following reasons: 1. That PL zoning is compatible to and in harmony with the surrounding zoning districts and land uses in the area; 2. That PL zoning would allow the redevelopment of the site for educational purposes in connection with Schoolcraft College; and 3. That PL zoning is consistent with the developing character of the area. FURTHER RESOLVED, that no0ce of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Morow, Chairman, declared the mo0on is carried and the foregoing resolu0on adopted. It will go on to City Council with an approving resolution. Thank you for coming tonight and for augmenting our educational facility there. September 17, 2013 25949 ITEM #2 PETMON 2013-08-02-20 CULVEWS Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2013- 08-02-20 submitted by S & Z Restaurants, L.L.C. requesting waiver use approval pursuant to Section 11.03(c) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a full service restaurant including drive -up window facilities (Culvers) within an outlot on the site of Meijer, 13000 Middlebelt Road, located on the east side of Middlebelt Road between the CSX Railroad right-of-way and Schoolcraft Road in the Northwest 114 of Section 25. Mr. Taormina: The proposal is to construct a restaurant on one of three outlots that were created at the time the Meijer store was developed. The outlots are located on the east side of Middlebelt Road between the CSX railroad and Schoolcraft. This aerial photograph shows the location of the subject outlot. It is the second outol east of Middlebelt Road located on the Meijer's properly. The size of this particular oulparoel is about 1.51 acres. The zoning is C-2, General Business, which would allow for the development of the restaurant subject to waiver use approval. The Meijer store is part of the Millennium Park retail center which is comprised of not only the Meijer, but also a Home Depot, as well as several other shops and restaurants, including Logan's Roadhouse, Petsmart, Leo's Coney Island, Famous Footwear, Marshalls, and Panem Bread, juslto name a few. Culvers would be located on the second outlot which is centrally located with the Meijer property. The building that they propose to construct is about 4,500 square feel in area. The building would be positioned on the east side of the property. Parking and storm water management would be located on the west side of property. There is some parking as well located on the east side. The drive -up window service would be along the east side of the building and the traffic lane that would serve the drive -up window would commence on the south side of the building and then loop around to the east side of the building where the pickup window would be located. Vehicles would have the option of circling around and exiting back out to the main road which connects directly with Middlebelt Road. Il does have a median separating the eastbound from the westbound traffic so vehicles would then have to tum right and then loop around the median in order to head west towards the signalized intersection at Industrial Road and Middlebelt. Optionally, they could exit out of the south portion. There is a ring road that circles around the actual Meijer store and connects with the other parts of Millennium Park. On the west side of the property, in the northwest comer of the property, is a planned September 17, 2013 25950 slonmwater management pond that would have to be a part of the development. In terms of the required number of parking spaces, the required parking for restaurants is a function of the number of customer seats as well as the number of employees. In this particular case, Culver's is proposing 119 interior seats plus 12 patio seats, for a total of 131 customer seals. They estimate about 12 employees. The ordinance requires approximately 76 parking spaces. What this plan shows is a total of 78 parking spaces. However, as part of the first phase, they would construct only 63 spaces and they would landbank the remaining 15. While our ordinance requires a total of 76 spaces and they can provide 78, they are not initially proposing to build all of those spaces feeling that the amount of parking they're providing would be adequate to serve the restaurant, the customers and all of the employees. They would reserve the area in the southwest corner of the property for future parking should it be needed. That represents about 15 parking spaces that would be Iandbanked and represents about 20 percent of the total number of required parking spaces. The Planning Commission and the City Council can approve the banking of up to 25 percent of the total number of required spaces, so they are within compliance of that provision of the ordinance. About one- fourth of the property is going to be green space. Additional areas include the parking lot islands and along the perimeter of the site to the north, south and to the east. I'll quickly go over the floor plan. Just to get you familiar, when I pointed to where the pickup window would be for the drive -up service, on this particular plan it's located here at the lop. So the vehicles would swing around the back of the building and then pick up their food here. So this entire northerly half of the building represents the customer seating area. The south half of the building represents all of the service aspects of the operation. This would representthe service counlerwhere people come up and place their orders. There are public reslrooms located here. These are the cooler, freezer and dry storage components, and the prep area and kitchen and back office and mechanical area are in the corner of the building. This is an actual photograph of Culver's latest prototype and one which they propose to build here. You can see that the building's appearance is dominated by three different materials. There is a beige or a brown cast stone, tan cement fiber board siding, and then a lighter tan E.I.F.S. area. The building is highlighted with the blue awnings and the blue trim and signage. The height of the building is 23 feet, well within the C-2 distdct regulations, which allows structures up to 35 feel in height. Lastly, in terms of signage, Culver's is proposing additional wall signage exceeding what the ordinance allows. The ordinance September 17, 2013 25951 would only permit one wall sign not to exceed 99 square feet in area and that's based on the overall length of the building. In this particular case, they are proposing four wall signs, one on each elevation of the building, totaling approximately 128 square feet. It's a little more in terms of area as well as the number of signs as you can see from the plan. It gives a good sense of what those signs would look like, small oval shaped signs on each elevation. With respect to the monument sign, this would be located in the northwest comer of the property to capture the aflention of drivers coming in off of Middlebelt Road along the extension of Industrial Road heading east towards the Home Depot or south towards the Meijer store. The monument sign complies with respect to the height requirements of six feel in overall height. The other dimensions are fully conforming with respect to the sign. The static part of the sign, which is the lower part, will remain as you see it. However, the upper portion represents a variable electronic message board and that is something that would change. They would have control over the various advertising. The ordinance does allow for the sign to devote half of the area to an electronic message board, but that is only if all other aspects of the site complies in terms of signage, which it will not obviously. So this sign as well will require Zoning Board of Appeals approval in order for it to be installed. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Morrow: Please Mr. Taormina: There are three items of correspondence. The first item is from the Engineering Division, dated September 4, 2013, which reads as follows: 9n accordance with your request, the Engineering Division has reviewed the above -referenced. The legal description provided is missing one of the legs of the boundary and does not close. (The drawing indicates what the missing bearing and distance should be, but the description still does not close when using the drawing information.) The following legal description should be used until the owner's surveyor is able to provide an acceptable survey. A part of the North X of Section 25, T. 1 N., R. 9 E., City of Livonia, Wayne County, Michigan being more particularly described as commencing at the Northwest comer of said Section 25 and proceeding thence S 0027'00" W, 1336.44 feet along the West line of said Section 25 and following Middlebelt Road, thence S 8934'33" E, 60.00 feet to a point on the Easterly line of said Middlebelt Road (120 foot wide right -0f --way) to a point on the South line of a private drive, thence the following two courses along the South line of said private drive, 1) S 8934'33" E, September 17, 2013 25952 127.81 feet and 2) N 73"41'04"E, 261.60 feet to the POINT OF BEGINNING, thence continuing along said private drive S 89"34'33" E, 303.81 feet, thence S 00"04'29" W, 191.31 feet, thence S 45"48'10" W, 24.44 feet, thence N 89"3433" W, 299.31 feet, thence N 00"2527" E, 187.43 feet, thence N 29"33'27" E, 24.09 feet to the POINT OF BEGINNING. Containing 1.51 acres. Subject to any easement or restrictions of record, if any. There currently is no address associated with the proposed outiot. We proposed using an address of 13030 Middlebelt Road for all future matters regarding the proposed project. We have no objections to the proposed layout of the sight, although full engineering drawings will need to be provided prior to determining if the site meets all of the current standards. The outiot is currently serviced by storm sewer, sanitary sewer and water main. We have no objections to the layout of the proposed services, but would like to mention that the locations may need to be adjusted based on existing features such as trees or light posts. The proposed plan shows the site draining to a detention basin and eventually outletting to a private storm sewer. No drainage calculations have been included, so we cannot determine if the system meets all current requirements. Please be advised that the developer will need to meet all Wayne County storm sewer requirements for the proposed drainage in order to receive site plan approval. A soil erosion and sedimentation control (SESC) permit will be required and involve separate plans to be submitted if the proposed site is one (1) acre or more or within 500 feet of a lake or stream. This permit and associated fees will be handled by the City of Livonia's Engineering Department before any work commences." The letter is signed by David W. Lear, P.E., Civil Engineer II. The second letter is from the Division of Police, dated September 4, 2013, which reads as follows: 9 have reviewed the plans in connection with the petition. I have no objections to the proposaL" The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The third letter is from the Inspection Department, dated September 10, 2013, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. (1) A variance from the Zoning Board of Appeals would be required for the deficient number of parking spaces. (2) A variance from the Zoning Board of Appeals would be required for the excess number of signs. (3) The gates on the dumpster enclosure shall be steel or may be as approved. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. And just as a point of correction with respect to Item 1 in that letter, in terns of the parking requiring a variance from the Zoning Board of Appeals, Mr. September 17, 2013 Let's see if there are any questions from the Commission. 25953 Ms. as I indicated earlier, they do comply with the ordinance and About the landbanking of parking, do you think you would not require Zoning Board of Appeals approval. Mr. Morrow: As you explained. Mr. Taormina: Correct. Mr. Morrow: Are there any questions of the Planning Director? Seeing none, is the petitioner here this evening? We will need your Mr. Zielke: name and address for the record please. Andrew Zielke, S & Z Restaurants, L.L.C., 4564 Oakhurst Ridge Road, Ms. Smiley: Clarkston, Michigan 48348. Mr. Morrow: Thank you very much. You've heard Mr. Taonmina's presentation. Would you like to add to that? Mr. Zielke: I think a lot of you guys are pretty well versed in the Culver's type of restaurant. It offers warm hospitality, has a nice lredilion of a nice featured building, and has a quality food emphasis, family values and different things in the community, large community involvement. Culver's values are strong with a family emphasis and a strong tradition of community support, and a nice overall building facade that enhances the community and the environment around it. Mr. Morrow: Let's see if there are any questions from the Commission. Yes. We've talked to Culvers and their planning department Ms. Smiley: About the landbanking of parking, do you think you have sufficient parking for your restaurant? Mr. Zielke: Yes. We've talked to Culvers and their planning department and they typically look for 5510 60 spaces. Ms. Smiley: For that size of restaurant? Mr. Zielke: Corect. Ms. Smiley: I just wanted to comment that this new prototype with the blue and tan colored brick and stone is very allmctive. Culvers has some big while buildings. Mr. Zielke: Exactly. I have the sample board here if you want me to bring it out and show you. Ms. Smiley: I notice even your refuse containers are color coordinated. That's very nice. September 17, 2013 25954 Mr. Morrow: Let's set up the easel for the benefit of the people in the audience as well as at home. Mamie Sunliller, 32629 Crystal Lake, Romulus, Michigan. I just want to bring this up to you. Ms. Smiley: I do have one more question. Do you have experience with restaurants or Culver's or is this your first one? Mr. Zielke: This is our first one, correct. Mr. Morrow: You did a very nice job for the presentation of the materials. Mark, you did a good job too. Mr. Zielke: As you can see, these are the cultured stone or boulder creek composite brick samples. This is our E.I.F.S. color. This is the metal trim that's going up on lop of the roof as you can see along the lop edge portion of the building. This is the color of the awning sample. The awning will have stripes similar to this. Thal will decorate the front and side of the building. Mr. Morrow: So there's three colors. Mr. Zielke: Correct. Yes. I'm not sure what the repeat pattern is, but it is three colors, the light, the white and the dark blue. Mr. Taylor: Is there any E.I.F.S. on this at all? Mr. Zielke: Yes. On the corners of the building, off to the side right here is where the E.I.F.S. is. Mr. Taylor: Its all above grade. Mr. Zielke: Correct. It is all stone along the bottom and on the sides, correct. Mr. Taylor: Thankyou. Ms. Scheel: I have a quick question. Can you tell me what the hours of operation will be? Mr. Zielke: Its from 10:00 a.m. to 12:00 p.m. Ms. Scheel: Seven days a week? Mr. Zielke: Correct. September 17, 2013 25955 Ms. Scheel: Thankyou. Mr. Bahr: I'm just curious. With the three lots available over there, I was surprised that you're going to this one versus the one that has the frontage on Middlebell Road. Is there a strategy with that? Mr. Zielke: There's really no strategy except there is an offer on the purchase on the first westerly portion right there. Meijer has an offer on that parcel and looking to entertain that offer first. So we had to go to the second parcel over to the east. Mr. Bahr: You may have touched on this a little bit, but Culvers is primarily a sit-down restaurant. I mean I know you have the drive-thru, but is that true? Mr. Zielke: Yes, it's a family-oriented sit-down restaurant but they do have some drive-thru service that functions as well to serve the people that want to drive-lhru instead of come in. Mr. Bahr: So you're comfortable with the slacking area for the drive-thru on this. I just had a mild concern with the south side of the property and cars coming in from the south versus cars coming in from the north and whether that was going to be a congestion issue. Mr. Zielke: I think we provide for stacking spaces. I believe it is more than adequate to service our stacking needs for our restaurant. Mr. Bahr: Okay. Thanks. Ms. Smiley: With that slacking, those people that park on the right, where would they enter the restaurant? Mr. Zielke: There is a side entry door just right next to the front of the bumper of the car right there, where the people can come through and walk through that area. Most of that parking on the right hand side will be for employees only. I shouldn't say for employees only, but we'll prefer to have the employees park on that side of the building. Ms. Smiley: So that they're not crossing the path of traffic. Mr. Zielke: They will cross the path of traffic to enter into the building, yes. Ms. Smiley: But like once a day. September 17, 2013 25956 Mr. Zielke: Right, not as often as normal customers coming in and out. Ms. Smiley: And your normal person comes in and sits down, not normal. People in the drive-thru can be normal loo, but you're regular average client. Mr. Zielke: Families that come in there, correct. They'll come in and dine and then you gel the people who come through for lunch or whatever that are just in the area will drive lhru and proceed to get their food there also. Ms. Smiley: Okay. Thank you. Mr. Wilshaw: Just a couple follow-up questions. Do you know what percentage of your business will be drive-thru versus dine -in? Mr. Zielke: I think is around 30 percent drive-thru and 70 percent sit-down. Mr. Wilshaw: Do you find that the drive lhru business is at certain time periods, such as lunch or Tale evening or that type of thing? Mr. Zielke: Its probably one of those things that varies, I would imagine. You know what I mean depending on who comes in at what time, but I think the lunch hour rush that comes through are the people that are coming in to gel their food and go and gel out. Probably the highest point during the day would be the lunch hour. Mr. Wilshaw: Okay. Good. That answers that question. The changeable message sign that you have, what type of things are going to be put on the changeable message sign? Mr. Zielke: The most important thing for Culver's is that they put on their flavor of the day, whatever it is - brownie, caramel custard - whatever it may be, a raspberry split. They announce that so people have a fine liking to seeing that type of message driving through and actually seeing what the flavor of the day is. Mr. Wilshaw: Okay. Changeable message signs are fairly new for us in the city. There are not a lot of them around, and we do have an ordinance that specifies some requirements as far as how long a message stays on the sign and things like that. Even though this is not going to be considered a conforming sign and it will have to go to the Zoning Board of Appeals for a variance anyway, I would like to request that you at lead understand what our ordinance is and try to conform to it as far as the September 17, 2013 25957 length of the time the message should stay on there and so on. We just dont want anything garish or flashy. Mr. Zielke: No, no, no. Its not like a colored message board where it flashes and sparkles and does all that. It's just a very simple message board that shows the flavor of the day and then it announces to the people that are cinving through, that, hey, you know what, we're having Browning Delight or whatever it might be on their ice cream. Mr. Wilshaw: It sounds good. Mr. Zielke: So that they know what the flavor of the day is and they come in and grab what they want. Mr. Wilshaw: Okay. That sounds fine. The only other thing looking at the plan that caught my attention is, Mr. Taormina pointed out the fad that your patrons who are going to be leaving the lot northbound will have to make a right hand turn and then make a Michigan left to gel back toward Middlebell Road. So I would definitely advise you to consider placing a "right turn only" sign at that exit so that you don't have people trying to shoot across the one way. Mr. Zielke: Cored. I would agree with you on that also. Mr. Taylor: Are you going to own and run the restaurant, sir? Mr. Zielke: Cored. Yes, I am. Mr. Taylor: So you're going to be there most of the lime? Mr. Zielke: Cored, and Mamie right here. Mr. Taylor: I wondered. I thought maybe she might be important in this. Mr. Zielke: Exactly. And her husband is taking a 16 week long training class. Mr. Taylor: I think it's going to be a great addition. I think you're going to have a little bit of a problem with the Zoning Board of Appeals for setting a precedent for four signs on all sides of the building. The one at the back, the south. I don't know why you would need one back there because you're facing Meijer, but I guess that's up to them. I don't have a big problem with it. So good luck. September 17, 2013 25958 Mr. Zielke: Okay. Thank you very much. Mr. Morrow: Anyone else? Just one thing, the drive-thm. Is there occasion when people have to wail for an order and have to pull forward? Mr. Zielke: Yes, that's why there's four slacking spaces. All of our food is made to order, so its not like you go to a normal fast food restaurant. We're the fast/casual type of concept where you order the food, it's cooked to order so its hot when you gel it, and it's fresh. Occasionally you will have to wail. Mr. Morrow: Now would they wail at the window or would they have to pull aside? Mr. Zielke: There's four stacking spaces right up front on the site plan there. Yes, they would have to pull up, depending how big the order is. If there's no one behind you, obviously you can wait, but as traffic comes behind you or additional customers come up, we may ask you to pull forward and wail. Mr. Morrow: I assumed that's what those spaces were for. I just wanted to gel it on the record. Mr. Zielke: Cored. Yes. Mr. Morrow: Did you have something to say, ma'am? Ms. Suntiller: I do. I have 10 years of customer service, and the food is made to order for you. So you will pull over and we do have a time limit for that food to be prepared especially for you. So if I'm ordering my food and for whatever reason I change my mind or change the order, you're not going to gel what's lett over in the car behind me. You're going to gel what's cooked for you when you order it, and there also is a time limit on that food that you're waiting to receive. So we gel you in; we gel you safe; we get you hot, fresh food; and it's made for you. Mr. Morrow: If you have a customer waiting for his food in one of those parking places, how does the food gel to him? Ms. Suntiller: We have a number that is service for you, so you'll be number 32 and we'll have you get that number. You'll pull over to the side and we'll have a gentleman or a young lady bring that food made to order out to your car. Mr. Morrow: Okay. So he does not have to come back to gel it. Somebody on your staff will make that delivery. September 17, 2013 25959 Ms. Suntiller: That's correct. You do not exit your car Mr. Morrow: Okay, because when you're not quite a fast food place, I was just concerned how you were going to handle the slacking of the cars and servicing them. Ms. Suntiller: Correct. Mr. Zielke: Its done by basically a runner that comes out. If you're pulled over to a slacking area, there's a runner that comes out and delivers your food. Mr. Morrow: Okay. Very good. Are there any other questions? Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, I'm going to close the public hearing and ask for a motion. Mr. Bahr: I am excited about this. I do live nearby. I go into Millennium Park a lot, probably more than I want to admit. There's a Home Depot in there. So I'm anxious to see that filled, and as somebody that takes his family out to Kansas several times a year, we slop at Culvers a lot on the way. So I'm excited to have one nearby and this looks like a great proposal. I think it will be a great addition to that retail center. On a motion by Bahr, seconded by Smiley, and unanimously adopted, it was #0932-2013 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on September 17, 2013, on Petition 2013-08-02-20 submitted by S & Z Restaurants, L.L.C. requesting waiver use approval pursuant to Section 11.03(c) of the City of Livonia Zoning Ordinance #543, as amended, to construct and operate a full service restaumnl including drive -up window facilities (Culver's) within an oullol on the site of Meijer, 13000 Middlebelt Road, located on the east side of Middlebell Road between the CSX Railroad right-of-way and SchoolcraR Road in the Northwest 1/4 of Section 25, which properly is zoned G2, the Planning Commission does hereby recommend to the City Council that Petition 2013-08-02-20 be approved subject to the following conditions: 1. That the Site Plan marked Sheet 1 prepared by Fairway Engineenng, L.L.C., dated August, 2013 is hereby approved and shall be adhered to; September 17, 2013 25960 2. That pavement markings be provided across the drive aisle and drive -up lane leading to the entrance on the east side of the building for pedestrian safely purposes; 3. That the Landscape Plan marked LP -1 prepared by J. Brian Devlin, R.L.A., dated August 28, 2013, as revised, is hereby approved and shall be adhered to; 4. That all disturbed lawn areas shall be sodded in lieu of hydro -seeding; 5. That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 6. That the maximum customer seating count shall not exceed a total of one hundred thirty-one (131) seals, including one hundred nineteen (119) interior seats and twelve (12) outdoor patio seats; 7. That the Building Elevation Plan marked A-3 prepared by Culver Franchising Systems, Inc., dated January 1, 2013, is hereby approved and shall be adhered to; 8. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 9. That the three walls of the trash dumpster area shall be constructed out of building materials that shall complement that of the building and the enclosure gates shall be of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use closed at all times; 10. That all pole mounted light fixtures shall not exceed a height of 20 feet above grade and shall be shielded to minimize glare trespassing on adjacent properties and roadway; 11. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; September 17, 2013 25961 12. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; and 13. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department al the time of application for building permits. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Morow, 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 2013 -08 -LS -12 PROPOSED SALE OF CITY OWNED PROPERTY Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2013- 08 -LS -12 submitted by Ali Albo, pursuant to Council Resolution #269-13, and Section 3.05.050 of the Livonia Code of Ordinances, as amended, to determine whether or not to dispose of City -owned vacant properly at 27560 Joy Road, located on the north side of Joy Road between Inkster Road and Cardwell Avenue in the Southeast 1/4 of Section 35. Mr. Taormina: This petition is a referrel from City Council on the question of whether or not to dispose of certain City -owned real properly. This parcel is located on the north side of Joy Road. It's about a quarter mile to the west of Inkster Road. The property is a narrow parcel with limited frontage along Joy Road. It's about September 17, 2013 25962 half an acre in total area. Its frontage is only 58 feet on Joy Road but it has a depth of over 390 feel. The zoning of the parcel is C-2, General Business, as are all of the surrounding parcels, including Mr. Albo's lot, which is immediately to the west of the subject property. The parcel is vacant as was indicated, and pursuant to Section 3.05.050 of the Livonia Code of Ordinances, before City -owned properly can be sold to a private entity, the matter must first be referred to the Planning Commission for recommendation on whether or not the City should dispose of the subject properly and for its advice as to any plausible alternative uses of the property. From what we can tell, this parcel came to be owned by the City in 1989 through foreclosure proceedings. Again, if you look at the surrounding area, it's under similar zoning classification. There are residential lots both to the west and to the north. There are some office uses to the east of the subject property, but predominantly are residential in character. These are all non- conforming residential properties since they are under the C-2 zoning. In terms of the reason for Mr. Albo wanting to purchase the property, his residence is located immediately to the west, and he would like to purchase the parcel in order to establish a driveway and build a new garage. Currently, his property is not sufficiently large enough to allow for the construction of a garage. Should Mr. Albo be successful in purchasing the City - owned parcel, it would have to be combined with his existing parcel under one tax identification number. Mr. Albo's site is similar in size in terms of width. His residence is located close to Joy Road. His lot is 58 feel in width. It doesn't quite have the same depth as the City -owned lot. His lot is about 232 feet, for a total lot area of about three -tenths of an acre. The two properties combined would form an "L" shaped parcel. They would have 116 feel in frontage along Joy by a depth of 390 feel, with a total area of about 0.83 acre. Following the Planning Commission's recommendation, the City Council will determine whether or not to proceed with the sale of the property. In the event that Council does proceed, the next step would then be to obtain an appraisal of the property in order to determine a fair market price. We have two items of correspondence, Mr. Chairman. I can read those out now. Mr. Morrow: Please. Mr. Taormina: There are two items of correspondence. The first item is from the Engineering Division, dated August 15, 2013, which reads as follows: 9n accordance with your request, the Engineering Division has reviewed the above -referenced petition to purchase city -owned property. The address for this site is confirmed to be September 17, 2013 25963 27560 Joy Road. We have no issues with the proposed sale, although we would like to note that there is an existing easement for an 18" diameter storm sewer along the rear property line (CR 669-87) that would need to be retained. Future development of the property would be prohibited from placing any structure within the existing easement." The letter is signed by David W. Lear, P.E., Civil Engineer II. The second letter is from the Inspection Department, dated September 10, 2013, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. These properties will be required to be combined before any structure can be built. 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 of the Planning Director? Ms. Smiley: That 18 inch drain, is that at the rear of the properly? Mr. Taormina: It is my understanding that it is all the way at the back of the properly. Ms. Smiley: Then we donlwanllo redraw that, dowe? Mr. Taormina: No. We'll just make sure that he doesn't impact or build on the easement. Ms. Smiley: He would want to put his garage and his driveway next to his building, right? Mr. Taormina: The easement runs all the way to the back. Ms. Smiley: So that's no problem at all. Mr. Taormina: The driveway and the garage will only impact this portion of the site. So really the easement is not an issue. Ms. Smiley: Thankyou. Mr. Morrow: Are there any other questions of the Planning Director? Because we are reacting to a Council resolution, there is no petitioner, but al this time, is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, I'll ask for a motion. On a motion by Scheel, seconded by Wilshaw, and unanimously adopted, it was September 17, 2013 25964 #0933-2013 RESOLVED, that pursuant to a Public Heating having been held by the City Planning Commission on September 17, 2013, on Pefition 2013 -08 -LS -12 submitted by Ali Albo, pursuant to Council Resolution #269-13, and Section 3.05.050 of the Livonia Code of Ordinances, as amended, to determine whether or not to dispose of City -owned vacant properly at 27560 Joy Road, located on the north side of Joy Road between Inkster Road and Cardwell Avenue in the Southeast 1/4 of Section 35, the Planning Commission has no objections to the sale of vacant City -owned properly located at 27560 Joy Road for a fair -market value, subject to the recording of the necessary utility easement(s) as required by the Engineering Division, and pursuant to adopted policies and ordinances involving such transactions; further, this recommendation is based on a determination that there are no current or anticipated City uses for the property, and no compelling reason exists to delay the sale of the property as requested. 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 #4 PETITION 2013-08-08-06 M.K.O. REAL ESTATE Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2013- 08-08-06 submitted by M.K.O. Real Estate, L.L.C. requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to demolish an existing building and construct a new medical office building at 36622 Five Mile Road, located on the north side of Five Mile Road between Levan Road and Newburgh Road in the Southwest 1/4 of Section 17. Mr. Taormina: This is a request to demolish an existing building and construct a new medical office building. The property is located on the north side of Five Mile between Levan Road and Newburgh Road. This parcel is closer to the intersection of Five Mile and Levan. The property altogether is just over four acres in area. It has 347 feel of frontage on Five Mile and extends along Levan for a distance about 250 feel. The zoning of the property is C-1, Local Business. Professional offices, including medical, are treated as a permitted use within the G7 zoning district pursuant to Section 10.02(a) of the Zoning Ordinance. The existing one-story building is about 39,900 square feel in total September 17, 2013 25965 area. It was most recenfly subdivided into three units including a Frank's Nursery, CVS Pharmacy and a Keller -Williams realty office. Those uses are long gone and the building has remained vacant for approximately the past five years. On the east side of the property is the remnants of the old outdoor garden area that used to be part of the Frank's Nursery. Under this proposal, the building, including the old garden center, will be completely tom down and removed to make room for the proposed new medical office building. In terms of what is adjacent to the property, right at the northwest corner of Five Mile and Levan Road is a dental office under the same zoning classification, C-1. To the north of the property are residential homes that are part of Kingsbury Heights Subdivision. The zoning there is R-2, Single Family Residential. Looking west is a multi -tenant office building known as University Park Office Center and then further to the west of that is a commercial bank. Both properties are zoned OS, Office Services. East across Levan Road are a variety of retail uses including a gas station as well as an office building. To the south across Five Mile Road is St. Mary Mercy Hospital, zoned PO, Professional Office. The proposal is to construct a new two-story medical office structure. It would be 44,488 square feel in gross floor area. The proposed building would be positioned in the northwest corner of the property in approximately the same location as the existing building; however, its setback would be increased from the north property line by about 15 feet. The parking layout would be similar to the current parking arrangement, but with additional parking provided on the east side between the building and Levan, which is where the garden center is currently located. Access to the site would be same as it is today, via the existing drives located off Five Mile and Levan Road, as well as connecting aisle ways from the abutting property to the west. This is the actual footprint area of where the new medical building will be constructed. If you look back at the existing plan, you can gel a sense of how much smaller an area on the site the building will occupy that what is there currently. There will be expanded parking on the east side and then a similar type of parking arrangement between the building and Five Mile Road to what exists today. The first floor would total about 20,000 square feel and would contain an orthopedic clinic, a physical therapy room as well as an urgent care unit. Located immediately behind the building on the north side would be an area that would be dedicated for the parking of a transportable medical unit or a Mobile MRI trailer. The MRI trailer would be docked within a well that would be established on the north side and immediately adjacent to the building, between the building and the masonryscreen wall that presently September 17, 2013 25966 exists along the north side of the property. The uses on the second floor include medical offices totaling roughly 8,370 square feel and a surgical center totally roughly 10,000 square feel. According to the site data and the parking analysis that was provided by the pefitioner, they are going to need a total of 220 parking spaces to support all of the uses within the medical office building. The site plan shows a total of 231 parking spaces available. The plan also shows an additional 30 spaces along the frontage on Five Mile, which would be landbanked under this proposal. That would bring the total maximum potential parking up to 261, some 40 spaces more than what is projected to be needed to service the facility. In the event that they need the additional parking, it could be provided along Five Mile Road. The Planning Staff has stipulated in the resolution for your consideration this evening that prior to any construction of parking along this area that it first come back to the Planning Commission for review. I'd like to touch on some of the screening and privacy issues associated with the development. As I indicated, there is a masonry screen wall that exists adjacent to the north property line. The property line is about six feel beyond this wall. Due to the presence of an overhead utility easement, there are some overhead wires, it was necessary to build that wall about six feet off the property line. That wall is a minimum of five feet in height. The petitioner plans to re -patch, repaint and put a new cap on the wall. In addition to the wall, there would be screening for the service area at the rear of the building. Where the MRI trailer would be docked, there would be a 14 foot high wall that would enclose on two sides, actually three sides when you consider the building. So it would not be visible from the residential area or any area behind the building. They also have a generator located here. There would be a 10 fool high screen wall provided around that emergency generator and there is one trash dumpsler that would also be surrounded by a 10 fool high screen wall. All the walls proposed here would match the material that will be used for the building. In terms of landscaping, this is a revised plan. It's a little different than the plan you saw at the study session. Theyve made some changes mostly with respect to the number of trees that are proposed on the site. They had some concern relative to the number of trees being planted in the greenbelt area along Five Mile, wanting to keep instead this area visible to the front of the building, but it is a fully detailed landscape plan providing the types of species and their locations. In terms of the building itself, the architects and the engineer are here this evening to provide greater detail, but this gives you a sense of what the building would look like. The exterior materials would be a combination of brick, cultured stone and concrete block September 17, 2013 25967 materials. Just to point out some of the different features, metal panels would be used along the upper part of the building. Also, along the canopy or the porte-cochere, this tan color is the brick that would be used on the building. There is a lighter color at the base which is the concrete block, a couple courses of block along the base. The material here is the stone. So there are four primary types of building materials that would be used for the construction of the building. One of the things you'll note is the rooftop screen that will provided on the building. This does project another 10 feel above the height of the building; however, its sole purpose is to screen the mechanical units that will be centrally located on the rooftop ofthe building. With that, Mr. Chairman, I can read out the departmental correspondence. Mr. Morrow: Yes, please Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated September 4, 2013, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above referenced planning petition. We have no objections to the proposed site development at this time, although the developer will need to provide this office with detailed engineering plans for permit approval prior to any construction activities. The legal description provided appears to be correct and is acceptable to this office. The address of 36622 Five Mile Road is connect for the parcel and should be used for the proposed project. The parcel is currently serviced by storm sewer, sanitary sewer and water main. It should be noted that the developer may be required to televise existing sanitary and storm sewer leads before new connections can be made. The developer has proposed underground detention for the storm drainage from the re -developed portion of the site. The calculations provided appear to meet the City's storm water requirements, but detailed engineering plans will need to be submitted to this office prior to obtaining building permits. It should be noted that if the southern half of the site is replaced or redeveloped in the future, additional detention will be required for the disturbed areas. A soil erosion and sedimentation control (SESC) permit will be required and involve separate plans to be submitted if the proposed site is one acre or more or within 500 feet of a lake or stream. This permit and associated fees will be handled by the City of Livonia's Engineering Department before any work commences." The letter is signed by David W. Lear, P.E., Civil Engineer 11. The second letter is from the Livonia Fire & Rescue Division, dated September 6, 2013, which reads as follows: 7 have reviewed the site 1 have reviewed the petition for approval September 17, 2013 25968 to demolish an existing building and construct a new medical office building on the property at the above referenced address and have noted the following. (1) In regards to NFPA 1, the 2009 Edition: (a) Chapters 12, 13, and 14 shall be followed. (b) Chapter 20 shall be followed as it relates to 20.4, Health Care Occupancies, and 20.6, Ambulatory Health Care Centers. (c) Fire Department Access shall be maintained in accordance to 18.2.2.1, 18.2.3.1.2, 18.2.3.4.1, and 18.2.3.4.3. (d) Chapter 18 shall be followed for required Fire Hydrant and Water Supply. (2) In regards to NFPA 101, the 2009 Edition: (a) Chapter 20 shall be followed for New Ambulatory Health Care Occupancies. (b) Chapters 8 and 9 shall be followed as they relate to Fire Protection features and Alarm Systems. These issues and other code requirements will be addressed during the formal plan review process. Providing that all details in regards to Health Care Occupancies and New Ambulatory Health Care Occupancies are followed and inspected prior to tenant use, this department has no objections to this petition." The letter is signed by Daniel Lee, Fire Marshal. The third letter is from the Division of Police, dated September 4, 2013, which reads as follows: 7 have reviewed the plans in connection with the petition. 1 have no objections to the proposal." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated September 10, 2013, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. (1) The gate on the dumpster enclosure shall be steel or may be as approved. (2) Signage has not been reviewed. 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 of the Planning Director? Seeing none, I'll ask the petitioner to come forward. We will need your name and address for the record please. Ed Pocock, Project Manager, Hobbs+Black Associates, Inc., 100 N. State Street, Ann Arbor, MI 48104. Mr. Morrow: You've heard the presentation. Is there anything you'd like to it? Mr. Pocock: We have samples with for the materials and we have our Civil Engineer with us. We have another Associate Architect with us and the contractor, Casco Construction. Hopefully we can answer your questions and concems tonight. I think that this is a pretty exciting project and I know that removing the existing September 17, 2013 25969 building is a high pnorily for the community. Hopefully we can answer all your concems tonight and move forward. Mr. Morrow: Does the Commission have any questions? Mr. Wilshaw: I think it would be appropriate to see the material samples that have been provided. Mr. Morrow: Mark, if you put the building back up on the screen that would be helpful. Charles Huber, Hobbs+Black Associates, Inc., 100 N. State Street, Ann Arbor, Michigan 48104. These are the materials that you saw on the renderings. The materials that are here show the stone, the brick, the cast stone, metal for both the canopies and the windows, and then the lint that would be on the windows that would be provided. There is a mixture of those that are shown on the materials here within an arrangement just to create a pleasing facade that fits both into the neighborhood behind with the breakdown of the materials and with the business pieces that are around it. We didn't want to create anything loo corporate or anything too residenfial, but a mix that blended between the two. Mr. Taylor: That's full face four inch brick, right? Mr. Huber: Yes. Full standard brick, and then the stone would be the same. Mr. Taylor: Thankyou. Mr. Wilshaw: These materials are going to carry around to the back of the building as well, right? Mr. Huber: Yes. The elevation on the bottom is the north side that faces the residents with the brick coming across and you can see some of the stone in some of the accent areas. The lop is the west side facing the businesses to the west. Again, bringing some of those materials around the comer from the front, but then on the backside using more of the residential brick material. Mr. Wilshaw: It appears as if you're using a variety of window sizes as well, some transom windows and then full size windows. Mr. Huber: Correct. On the second floor and on the first floor on the north elevation you can see there's a variety of windows shown. The September 17, 2013 25970 tenant layouts for the interior are not fully determined at this point, so the vanety of windows represents what would be used in those areas as those pieces get placed in. Mr. Wilshaw: It looks good. Thank you. Mr. Morrow: I think you had indicated at the study session that on the north side, the windows are raised up and they're not for looking out. Theym just to lel the light in. Mr. Huber: Correct. Mark, do you have that sight section? Atter our discussions at the study session, we created a sign section that's along the bottom here so you can see there's some pictures that are in the middle. The one right in the center of the drawing that's up here is the one two-story house that is directly behind the building. So we used that in the sight section so we could see all the view angles from the various buildings. On the right side of the picture is the office building for the sight section, and you can see the people standing in the windows. You can see the view lines coming through that are obscured not just by the sight wall but also the walls that are going to be around the mobile port, the dumpsler and the generator. So from the first floor, there really isn't any view over into this area except for a couple windows that are in this corner. You can see how the sight walls that are dashed in here would block a lot of that, and these windows are up high so that you would be looking up, out and away from the residential area. You can see in the pictures, there's a lot of trees that are along the backside. So we just represented some of those here to show that all those sight views would be through those trees that exist there along with the walls. From the second floor, you can see the upper transom windows which would be a lot of that back wall, can only view out into the sky and not into the residential area. We created that based on those questions that came up to try and illustrate that better. Mr. Morrow: Excellent Mr. Bahr: This is excellent. This is fascinating frankly. Help me understand the little figure on the second floor. What does the hash line mean? Mr. Huber: The dotted lines are really sight views that don't exist. If I was standing on the second floor trying to look down through a window into this area, most of those views will be taken away, if not from the transom window, from the trees that are al the back of the sight or from the trees that are towards the front of the September 17, 2013 25971 sight. The same thing if you were on the second floor of the house and tried to look up at the screen wall. That was one of the questions that came up. You can't really see through those trees towards that screen wall. So the dash lines are really some of those sight lines that are completely eliminated by various elements on the site. Mr. Bahr: As far as I'm concerned, you know how to put a question to rest. Thanks. Mr. Taylor: Obviously along the back of the property, you're going to clean the wall up. Are you going to trim a lot of those trees that are hanging over the side? Is that the plan, to clean it up? Mr. Huber: As far as the trees that are along the back here, most of those are in the residential property, and our plan is to clean up the wall itself and put a cap on it, but not necessarily to touch any of those trees. They are on the other side of the wall. Mr. Taylor: You've got a generator back there. Is that an emergency generator? Mr. Huber: Yes, it's an emergency generator. It would only function during testing cycles once a month or potentially slightly more frequent than that only for 20 minutes to an hour, depending on what the cycle is that they're testing or if the power were to go out. Otherwise it would sit there not making any sound. Mr. Pocock: The generator can be scheduled so if the residents would like the testing to be done at a certain time of the day on a regular basis, we could schedule it to be that time. Ms. Scheel: I have a building question. Do you want me to start with that instead of the outside of the building? I just had a question about the hours of the building. What hours will the building be open? Mr. Popock: The hours will be 7:00 a.m. to 7:00 p.m. The urgent care might go a little bit later which is on the front half of the building. I think 10:00 p.m. is suggested. Ms. Scheel: And this is seven days a week? Mr. Pocock: No. It would be Monday through Friday. Is Saturday an option? Does anybody know? September 17, 2013 25972 Mr. Huber: The hours for the building that the owner last staled to us would be the hours that were mentioned, five days a week. If they operated on the weekend, they wouldn't go as Tale. There wasn't a specific determination but those were the weekday hours that were stated, and anything else on the weekend would be earlier in the day. Mr. Pocock: Usually Saturday morning if they had a weekend hour, it would be Saturday morning. Ms. Scheel: Okay. Thank you. Mr. Taylor: Are the doctors moving completely out of the hospital into the building? Mr. Huber: Completely is hard to say because they share some services. They are moving their office portion from the medical office building in the hospital over across the street into this building. Mr. Taylor: Obviously they're going to operate at the hospital. Thank you. Mr. Wilshaw: One question that came up at our study meeting was the MRI machine and what sort of noise that would generate. Some of us had an opportunity to go see one of these MRI trailers and they don't make a tremendous amount of noise when they're idle. I think they make some noise when they're actually doing a test, but that would only be during the day. Mr. Pocock: Correct. Mr. Wilshaw: What other controls are in place? I know we talked about a truck well that was going to be recessed, a 14 foot wall. What controls are in place to try to direct that noise away from the residential area? Mr. Pocock: The MRI trailer itself is designed to contain as much noise as possible within the trailer. They work very hard to keep the noise from leaving the trailer itself. Beyond that, the 14 foot wall is going to be concrete block and that is a good sound absorber. With it being directly adjacent to the trailer, that material, if it's porous, will absorb noise and is a buffer to the residential area. So the noise coming off the trailer would mostly be going up because it's blocked by the wall. I think the level of the noise would be comparable to a residential air conditioning machine. So given the distance that it is from the residential area, it shouldn't be a problem at all. September 17, 2013 25973 Mr. Wilshaw: It sounds good. And one of the things that I believe Mr. Taormina mentioned in his initial presentation was that the setback of your building is actually not as close to the rear lot line as the existing building. Is that correct? So you actually have a little bit more space there. Mr. Pocock: I believe its 15 feel further back. Mr. Wilshaw: That's also an enhancement. I will say at this point it looks like an excellently architected building. It has a really attractive appearance to it, and I think given what's at the site right now, this is a marked improvement and really a nice success story for that area. Thank you. Ms. Smiley: My question is about your parking. It says that you're going to landbank about 30 spots. Is that right? Do you think you'll have sufficient parking? Mr. Pocock: We feel we have sufficient parking without the banked parking, but we do have 30 spots available if additional parking is warranted. Ms. Smiley: Okay. I notice that you have surgery. You're probably talking ambulatory surgery? Mr. Pocock: Correct. Ms. Smiley: In in the morning and out before evening. Mr. Pocock: Yes. Same day. Ms. Smiley: So there would be no overnight or any kind of extended stay. The urgent care would be ... Mr. Pocock: Until 10:00 p.m. Ms. Smiley: And that's for any kind of patient? Mr. Pocock: Its orthopedic based. Ms. Smiley: Okay. That was my question. I wanted to compliment you. There's a lot more landscaping than when there was a nursery there. It's very, very attractive. Thank you. Mr. Morrow: Going back to the testing of the generator. I'd like to just have it done during normal business hours. September 17, 2013 25974 Mr. Pocock: Absolutely. Mr. Morrow: And also, as far as the dumpster pickup, if you could schedule those during business hours because of the proximity to the neighbors to the north. And the other thing that came up too was when we were talking about the trees. Now, when we were out there site checking it, I could not tell where the base of the tree was because I think there's six feel on the other side of the wall that is part of your properly, and I just wanted to be sure you were aware that those trees were off your property line. Mr. Huber: Yes, we're aware that the property line extends on the other side of the wall. Mr. Morrow: The trees are definitely in the neighbors yard. Mr. Huber: That is correct. Mr. Morrow: Okay. I wasn't sure. I couldn't tell see over the wall to see exactly where the tree was planted. I just wanted to clear that up. Is there anything else? Is there anybody in the audience that wishes to speak for or against the granting of this petition? Chnstopher Martin, 12275 Inkster, Livonia, Michigan 48150. I'm in favor of this development. I used to shop there when it was Frank's Nursery. I spoke on behalf of the owner petitioner when there was a public hearing in front of City Council for a slight tax break on this. I think that's important to help redevelopment within the City, although it was mel was a little opposition by one member. Five years is a long time for a building to sit. Any concems that the neighbors to the north might have by the imaginary peeping Tom have been talked about and that won't lake place. So looking forward to this. I hope that as they move on along the path here that they have nothing but positive feedback from the other members of the City who are in charged. Thank you. Mr. Morrow: Thank you. We concur. We think the developers have touched about all the bases that we could come up with. Seeing no one else coming forward, a motion would be in order. Mr. Wilshaw: We've now seen two proposals here today that are essentially obsolete buildings that are getting redeveloped into very nice uses, and it's exciting to see these types of projects in the city. With that, I'm going to offer an approving resolution. On a motion by Wilshaw, seconded by Scheel, and unanimously adopted, it was September 17, 2013 25975 #0934-2013 RESOLVED, that pursuant to a Public Heating having been held by the City Planning Commission on September 17, 2013, on Petition 2013-08-08-06 submitted by M.K.O. Real Estate, L.L.C. requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to demolish an existing building and construct a new medical office building at 36622 Five Mile Road, located on the north side of Five Mile Road between Levan Road and Newburgh Road in the Southwest 114 of Section 1, the Planning Commission does hereby recommend to the City Council that Petition 2013-08-08-06 be approved subject to the following conditions: 1. That the Dimensioned Site Plan marked Sheet SE -1 dated August 23, 2013, prepared by Zeimet Wozniak & Associates, is hereby approved and shall be adhered to; 2. That the Landscape Plan marked Sheet L101 dated September 16, 2013, prepared by Deak Planning & Design, is hereby approved and shall be adhered to; except that the Petitioner shall be required to come back to the Planning Commission for approval prior to constructing the 30 "banked" parking spaces shown along the front of the property; 3. That all disturbed lawn areas shall be sodded in lieu of hydro -seeding; 4. That the Exterior Building Elevation Plans marked Sheets A-4 & A-5 dated August 23, 2013, prepared by Hobbs+Black Architects, are hereby approved and shall be adhered to, with the proviso that the architect shall investigate lowering the height of the rooftop mechanical screen; 5. That the btick used in the construction shall be full face four (4") inch brick; 6. 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 of solid panel steel construction or durable, long-lasting solid panel fiberglass and maintained and when not in use closed at all times; September 17, 2013 25976 7. That the servicing of the trash dumpster and the testing of the generator be conducted during normal business hours so as not to disturb the adjacent residential property owners; 8. That this site shall meet the City of Livonia Storm Water Management Ordinance, and the Petitioner shall secure a soil erosion and sedimentation control permit from the City of Livonia; 9. 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. A second monument sign not to exceed six (6) feet in height and 30 square feel. in area shall be permitted adjacent to the entrance drive off Levan Road, subject to Zoning Board of Appeals approval; 10. That no LED lighthand or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 11. That all light fixtures shall not exceed twenty feet (20') in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadways; 12. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 13. Pursuant to Section 19.10 of Ordinance No. 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 the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expiration of said period. Mr. Morrow: Is there any discussion? Ms. Scheel: I have a question but Mr. Taormina, you go first. Mr. Taormina: A couple things. If the maker of the motion would accept a change of date for the landscape plan. September 16 references the latest plan. Mr. Wilshaw: That's fine. September 17, 2013 25977 Mr. Taormina: Secondly, that we insert our standard language with respect to the lighting. We limit the total height of the poles to 20 feel maximum from grade. And then limit the time the dumpsters are serviced and the generator is tested to normal business hours. We need to add that language. Mr. Morrow: I think that will work. Mr. Wilshaw: I think those are all appropriate additions. Ms. Scheel: And I have one additional. Commissioner Taylor brought up the four inch brick to make sure it's four inch full face brick. Can we add that in there loo? Mr. Wilshaw: I think we should, yes. Mr. Morrow: And now the maker and the supporter, we have full approval? Ms. Scheel: Yes. Mr. Wilshaw: Yes. Mr. Mon -ow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Thank you, gentlemen for coming out. I think, speaking for the whole Commission, we're well pleased with the detail which you presented us with tonight and the actual looks of the building. Thank you very much. Mr. Wilshaw: Best of Luck. Mr. Morrow: Thank you very much. ITEM #4 APPROVAL OF MINUTES 1,042n" Public Hearings and Regular Meeting Ms. Scheel, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,042otl Public Hearings and Regular Meeting held on August 13, 2013. On a motion by Bahr, seconded by Scheel, and unanimously adopted, it was #0935-2013 RESOLVED, that the Minutes of 1,042otl Public Hearings and Regular Meeting held by the Planning Commission on August 13, 2013, are hereby approved. September 17, 2013 25978 A roll call vole on the foregoing resolution resulted in the following: AYES: Bahr, Scheel, Wilshaw, Taylor, Smiley, Morow NAYS: None ABSENT: None ABSTAIN: None Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,04V Public Hearings and Regular Meeting held on September 17, 2013, was adjourned at 8:40 p.m. CITY PLANNING COMMISSION Lynda L. Scheel, Secretary ATTEST: R. Lee Morrow, Chairman