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HomeMy WebLinkAboutPLANNING MINUTES 2007-02-13MINUTES OF THE 939° PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, February 13, 2007, the City Planning Commission of the City of Livonia held its 93P Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. John Walsh, Chairman, called the meeting to order at 7:30 p.m. Members present: William LaPine Deborah McDermott R. Lee Morrow Carol A. Smiley Ian Wilshaw John Walsh Members absent: None Messrs. Mark Taormina, Planning Director; At Nowak, Planner IV; and Ms. Marge Watson, Program Supervisor; were also present. Chairman Walsh 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 oflhe proceedings tonight. ITEM #1 PETITION 2007-01-02-01 STEVENS GYMNASTICS Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2007-01- 02-01, submitted by Margaret Stevens requesting waiver use approval to operate a gymnastic training facility at 13300 Levan, located on the east side of Levan Road between Industrial Drive and SchoolcraR Road in the Northeast % of Section 29. Mr. Taormina presented a map showing the property under petition plus the existing mining of the surrounding area. February 13, 2007 23880 Mr. Walsh: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated January 17, 2007, which reads as follows: 7n accordance with your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. The legal description submitted is correct. The parking aisles may have to be adjusted to fit the existing asphalt surface." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 17, 2007, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a gymnastic training facility on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Division of Police, dated January 24, 2007, which reads as follows: We have reviewed the plans in connection with Stevens Gymnastics located at 13300 Levan. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated January 25, 2007, which reads as follows: "Pursuant to your request of January 15, 2007, the above - referenced petition has been reviewed. The following is noted. (1) All parking shall be double striped. There should be no parking in the right-of-way. (2) This site will require an inspection from this Department prior to occupancy. As this is a change in use group from S-2 to B or A,3, the entire facility and site must meet the current State of Michigan Barrier Free Code or receive a State granted exception. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Is there anything you'd like to add to the presentation? Margaret Stevens, 8941 Butwell, Livonia, Michigan 48150. My business is in Livonia now, and I believe it's important to slay here. Mr. La Pine: Looking at your plan, I notice you have locker rooms. Are you going to have separate restroom facilities for the gids and boys? Ms. Stevens: Yes, there will be separate facilities but they need to be brought up to code. The locker rooms are not for showers. They might have sweat pants, but they're not going to change or lake showers. February 13, 2007 23861 Mr. Morrow: What about the repair to the parking lot? Who will lake care of that? Ms. Stevens: The owner said he's willing to do all the necessary work on the outside of the building, and I'm going to do the inside work. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, a motion would be in order. On a motion by LaPine, seconded by McDermott, and unanimously adopted, it was #02-15-2007 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 13, 2007, on Petition 2007-01-02-01, submitted by Margaret Stevens requesting waiver use approval to operate a gymnastic training facility at 13300 Levan, located on the east side of Levan Road between Industrial Drive and Schoolcreft Road in the Northeast % of Section 29, the Planning Commission does hereby recommend to the City Council that Petition 2007-01-02-01 be approved subject to the following conditions: 1. That all issues relating to the requirement that the entire facility and site must meet the current Slate of Michigan Barrier Free Code, as noted in the correspondence from the Inspection Department dated January 25, 2007, shall be resolved to that department's satisfaction; 2. That adequate off-street parking shall be provided which shall be sufficient to comply with the parking requirement for employees and patrons as set forth in Section 18.38 (12) of the Zoning Ordinance, and which shall be in conformance with the Parking Layout Plan submitted by the petitioner and received by the Planning Commission on January 12, 2007; 3. That drive aisles shall comply with minimum width requirements and all parking spaces shall be double striped, including the provision of barrier free parking with proper signage, marking and configuration, and all regular spaces shall be 10' x 20' in size as required; 4. That there shall be no parking in the public right-of-way; 5. That only conforming signage is approved with this petition, and any additional signage shall be submitted for review February 13, 2007 23862 and approval of the Planning Commission and City Council; and 6. That the plan referenced in this approving resolution shall be submitted to be Inspection Department at the time of application for the Certificate of Occupancy. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 16.11 and 19.06 of the Zoning Ordinance #543; 2. That the subject property has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding 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. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#2 PETITION2007-01-02-02 K4ARCHITECTURE Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2007- 01-02-02 submitted by K4 Architecture requesting waiver use approval to develop and operate a bank branch with drive 4hru operations on properly located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest'''/ of Section 27. Mr. Taormina presented a map showing tie property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first dem is from the Engineering Division, dated January 23, 2007, which reads as follows: 1n accordance with your request, the Engineering February 13, 2007 23863 Division has reviewed the above -referenced petition. We have no objection to the proposal at this time. The legal description submitted is correct and no additional right -0f -way is required. We would suggest that the water tap be moved slightly to the west so that it is not under the existing storm sewer" The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 26, 2007, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to develop and operate a bank branch with drive-thru operations on property located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the southwest X of Section 27. We have no objections to this proposal with the following stipulations: (1) Adequate hydrants shall be provided and located with spacing consistent with the use group. (2) An approved turnaround for fire apparatus shall be provided where access is dead -ended and is in excess of 150 feet in length. The turnaround shall have a minimum turning radius of fifty- three feet wall to wall and an inside turning radius of twenty-nine feet six inches. The authority having jurisdiction shall approve the grade, surface, and location of the fire lane. (3) T or Y turnaround arrangements shall be permitted." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the Inspection Department, dated January 23, 2007, which reads as follows: "Pursuant to your request of January 19, 2007, the above -referenced petition has been reviewed. The following is noted. (1) This proposal does not meet the stacking requirements of a drive thru. Four stacking spaces are required for each lane in addition to the service space. This plan also has deficient size lane widths where twelve (12) feet is required. Theses deficiencies may be waived by a super majority of Council. (2) Preliminary review indicates that this plan as drawn may not meet the exiting requirements for two separate exits available at all times to all occupants. This will be further addressed at this Department's plan review at time of permit application. (3) No signage has been reviewed. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. The fourth letter is from the Plymouth Road Development Authority, dated February 12, 2007, which reads as follows: `The Plymouth Road Executive Committee met on February 12, 2007, to review the site, architectural and landscape plans for a new full service bank with drive-thru facilities to be developed by Fifth Third Bank on property located within the Fountain Park Development. The Project Manager, Mr. Stephen Vecchi, of K4 Architecture presented the plans to the committee. At the conclusion of the meeting, the full committee agreed to support the proposed plans and the following recommendation is February 13, 2007 23864 submitted for your consideration: The Executive Committee of the Plymouth Road Development Authority does hereby support the proposed plans as presented by K4 Architecture, on behalf of Fifth Third Bank, requesting waiver use approval to operate a full service bank with drive-thru facilities in the Fountain Park Development, on property located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest X of Section 27 (Petition 2007-01-02-02), subject to compliance with all City codes and ordinances and the Plymouth Road Development streetscape goals and objectives, as such may be modified by the action of the Planning Commission and/or City Council, and further subject to approval by the City Attorney of an agreement whereby Fifth Third Bank, its Executors, Successors or Assigns agrees to construct and maintain in perpetuity the Plymouth Road Streetscape Improvements, as shown on the approved Landscape Plan dated February 6, 2007, as revised." The letter is signed by John J. Nagy, Executive Director. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? Ms. Smiley: Those four x's on the south elevation. That's not a sign, is it? Mr. Taormina: The x's represent the numbers for the address, and it would not be considered a sign. Mr. Wilshaw: I notice that the plan indicates a brick veneer. Mr. Walsh: Let's have the petitioner address that. Marcos Makohon, K4 Architecture, 26899 Northwestern Highway, Suite 208, Southfield, Michigan 48033. Good evening. This evening we're joined by Mr. Jeffrey Wagoner of Fifth Third Bank. He'd like to make a few comments, and then I will come back up. Jeffrey Wagoner, Vice President, Fifth Third Bank, 1000 Town Center, Southfield, MI 48075. Good evening. Thank you for this opportunity. I'm here representing Fifth Third Bank and to answer any questions you may have, as well as to make any decisions that need to be made tonight. Mr. Wilshaw: Do you plan to use a brick veneer as indicated on the plan? Mr. Makohon: No. It is a full bnck, the same that was used on our bank at Seven and Newburgh. Yes, it is a full brick. Mr. Wilshaw: Are you going to have a dumpster as well? February 13, 2007 23865 Mr. Makohon: The refuse is stored in a locked container. A third party comes and picks it up, so there is an audit trail for the papers. Mr. Morrow: Following up on the removal of the trash, what type of dumpster will you have? Mr. Makohon: It is actually a 4 foot by 4 foot, 6 foot high container. It is not really a dumpsler. Mr. LaPine: One question about the drive-thru. On a normal day, him much traffic would you think would be generated for the drive-lhru based on your other banking facilities? Mr. Wagner: That's a common question that we receive. Just on a general basis, excluding peak volume days, we probably see five or six vehicles an hour. Mr. LaPine: So you feel you have enough stacking room? How long does it take a normal car to go through? Mr. Wagner: Atypical transaction probably takes three to four minutes. Mr. Wilshaw: What are your hours of operation? Mr. Wagner: Hours of operation are Monday through Thursday, 9:00 to 5:00, Friday, 9:00 to 6:00, and Saturday, 9:00 to 1:00. We are not open on Sunday. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Patricia Moore, 11726 Farmington Road. I do not have a concern about a bank being there. My concern is the traffic. We have a road that comes off of Farmington Road between the condominiums and the stores. My concern is the additional traffic that it's going to make for us and the residents. As a member of the condominium board, we put up signs to deter some of the traffic off of Farmington Road. It says "no through traffic." I understand that the road is going to be extended and we'll have even more traffic. That's my concern and request. Mr. Walsh: Mr. Taormina, is the road going to be extended? Mr. Taormina: This is the area where the proposed bank is going. If you recall from the site plan, there would be parking on the east side. The private road from Plymouth travels north and then turns in a westerly direction out to Farmington. The road she is referring February 13, 2007 23888 to will not be extended, although a connection will be made to the road from this site. Mr. Walsh: Is the road on the commercial property? Ms. Moore: According to our Master Deed, we share the responsibility of maintaining that road. We want to discourage people from turning right. Mr. Walsh: We don't have the ability to do anything about that here. If you contact the staff, they can direct you to the Traffic Commission. Mr. Taormina: I don't think the Traffic Commission would have any authority in this case because it is a private road. Mr. Wagner: In recognition of the neighbors concerns, we can restrict a right hand turn here. We would not have any problem doing that. I have a feeling what's going to happen from a practical standpoint in that some people will turn right to gel to the commercial businesses to the west. We would consent to doing that. Mr. Walsh: Is there anything else? Ms. Moore: No. That's R. Thank you. Valerie Schultz, 11736 Farmington Road. Couldn't the plan be changed so that the bank's easttwesl drive aisle would line up with the existing drive aisle for the commercial development to the west? That way, the cars could come straight across without have to turn right first. You know what I'm saying? So that would be a deterrent as well. Mr. Morrow: As one commissioner, I'd like to address it. In order to line that driveway up, it would require a whole new redo of the site plan. Mr. Walsh: We'll talk to the bank representative at the end of the audience communication. Margaret Shuman, 11788 Farmington Road. We had a condominium association meeting that a lot of people attended because they are concerned about the traffic. Where everybody is tonight, I'm not sure. There are condos that are actually facing that way, or their garages are facing on that road, and with the extra traffic, it is a definite concern for the people in the complex. That's really all I have to say. February 13, 2007 23867 Steve Auvenshine, Owner, Beaner's Coffee, 33328 Plymouth Road. I came to talk a little bit about signage but that doesn't sound like it is part of the agenda tonight. Mr. Walsh: If they exceed what is allowed by ordinance, they will have to come before this body and City Council for approval. Mr. Auvenshine: We wanted to address monument signs; however, I do understand the resident's concerns regarding traffic. I think something should be worked out so that customers from the bank can still enter the retail part of the development without going back out to Plymouth Road. Mr. Walsh: If we don't have any further comments from the audience, we'll go back to the petitioner for final comments. Mr. Wagner: In order to have the drive aisles align, we would have to push the building so far back that it would not result in a good site design and layout. And we spent a lot of time with Mr. Taormina's department discussing this matter. We put all the parking on the east side. We oriented the drive-thru so cars are facing Plymouth Road. And we placed the drive-thm facilities on the wet side for that reason. So all of that kind of goes away if you try to reconcile the issue by changing the site plan to have the drive aisles in alignment. We can place some signage here to discourage people. My question is whether there might be additional traffic controls. That's the only other thing I can think of. As far as the trash, I want to make a clarification. It is simply a secure, steel container behind a six foot screen wall. The refuse is placed in the container by the custodians, and then a service comes once a week to empty it. Mr. Morrow: I think the bank has done a good job of taking this site and mitigating problems. I'm not sure how much traffic would be exiting there to get to Farmington Road. I guess it really doesn't matter. Mr. Wagner: And the bank would be more than happy to put up a sign as long as itmetwhatever applicable regulations ofthe city. Mr. Walsh: The additional sign that would say something to the effect "no thru traffic to Farmington Road." You should work with your Board to determine what it should say. On a motion by Smiley, seconded by Morrow, and unanimously adopted, it was #02-16-2007 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on February 13, 2007, on February 13, 2007 23868 Petition 2007-01-02-02 submitted by K4 Architecture requesting waiver use approval to develop and operate a bank branch with drive-thru operations on property located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest ''/ of Section 27, the Planning Commission does hereby recommend to the City Council that Petition 2007-01-02-02 be approved subject to the following conditions: 1. That the Site Development Plan marked Sheet SDP -1 prepared by K4 Architecture, LLC, dated February 6, 2007, as revised, is hereby approved and shall be adhered to; 2. That the Site Plan marked Sheet SP1 prepared by Nowak & Freus, dated February 6, 2007, as revised, is hereby approved and shall be adhered to; 3. That the Landscape Plans marked Sheets Ll and L2 prepared by Nowak & Fraus, both dated February 6, 2007, as revised, are hereby approved and shall be adhered to; 4. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 5. That all landscaped areas shall be irrigated with an automatic underground system, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 6. That landscaping consistent with the streetscape design plan formulated by the Plymouth Road Development Authority, including brick piers and ornamental fencing (as depicted on the above -referenced Fence Details Plan marked Sheet L2), as well as foundation plantings, shall be provided within the landscaped area adjacent to the Plymouth Road nghl-0f-way; 7. That the Exterior Elevations Plan marked Sheet A-2 prepared by K4 Architecture, LLC, dated February 6, 2007, as revised, is hereby approved and shall be adhered to; 8. That the brick used in the construction of the building shall be full face 4 -inch brick; 9. That the trash and mechanical equipment screening enclosure shall be constructed of brick to match the February 13, 2007 23869 building and shall have steel gales which, when not in use, shall be closed at all limes; 10. That all parking spaces shall be double striped and all accessible spaces shall be marked and signed properly; 11. That all pole mounted light fixtures shall be shielded and shall not exceed a maximum height of 20 feet above grade, and shall match existing lighting equipment in the Fountain Park development; 12. That the petitioner shall secure the necessary storm water management permits from Wayne County, the City of Livonia, and/or the State of Michigan; 13. That the traffic lanes serving the drive -up service facilities shall each be at least 12 feet in width; 14. That only conforming wall signage is approved with this petition. Any additional signage, either freestanding or wall mounted, shall be separately submitted for review and approval by the Planning Commission and City Council as part of a master sign package; 15. That no LED lighlband or exposed neon shal be permitted on this site including, but not limited to, the building or around the windows; 16. That all issues relating to the exiting requirements for two separate exits available at all times to all occupants, as noted in the correspondence from the Inspection Department dated January 23, 2007, shall be resolved to that departments satisfaction; 17. That the petitioner shall comply with the stipulations listed in the correspondence dated January 26, 2007 from the Livonia Fire and Rescue Division of the Department of Public Safety; 18. That the location of the water tap shall be adjusted in accordance with the suggestion contained in the correspondence dated January 23, 2007 from the Engineering Division; 19. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department atthe time of application forlhe building permits; February 13, 2007 23870 20. That the Petitioner shall consult with the Fountain Park Condominium Association on the installation of traffic control signs, including a "No Right Turn' sign to be placed at the west end of the southerly (front) drive aisle where it connects to the private road; and a second sign that reads "No Through Traffic to Farmington Road" to be placed on the nortirsoulh portion of the private road, just north of the east -west drive aisle into the front parking area of the Fountain Park retail; and 21. That all other conditions imposed by Council Resolution #523-01, which granted approval for the commercial portion of Fountain Park, shall remain in effect to the extent that they are not in conflict with the foregoing conditions. 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 surrounding 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. Walsh: Is there any discussion? Ms. Smiley: Should we add a condition regarding the second sign to be installed where it connects to that private road in order to discourage traffic flow? Mr. Walsh: I think the appropriate wording should be: "No right turn to Farmington Road." Mr. LaPine: From the first meeting we had upstairs in the Mayors office, I wasn't too happy initially with two banks next to each other. But we look forward to you building that bank fast. We need the lax dollars. February 13, 2007 23871 Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#3 APPROVALOF MINUTES 937th Public Hearings and Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 937"' Public Hearings and Regular Meeting held on January 16, 2007. On a motion by LaPine, seconded by Wilshaw, and unanimously adopted, it was #02-17-2007 RESOLVED, that the Minutes of 937" Public Hearings and Regular Meeting held by the Planning Commission on January 16, 2007, are herebyapproved. A roll call vole on the foregoing resolution resulted in the following: AYES: LaPine, Wilshaw, McDermott, Morrow, Smiley, Walsh NAYS: None ABSENT: None ABSTAIN: None Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 939" Public Hearings and Regular Meeting held on February 13, 2007, was adjourned at 8:25 p.m. CITY PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: John Walsh, Chairman