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HomeMy WebLinkAboutPLANNING MINUTES 2008-08-26MINUTES OF THE 9W PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, August 26, 2008, the City Planning Commission of the City of Livonia held its 968" 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 7:00 p.m. Members present: Deborah McDermott R. Lee Morrow Lynda Scheel Ashley Vartoogian 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 lonighfs 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 len days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these 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 2008-06-01-04 30650 PLYMOUTH Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2008-06- 01-04 submitted by 30650 Plymouth L.L.C. requesting to rezone a portion of the property at 30650 and 30660 Plymouth Road, located on the north side of Plymouth Road between Merriman Road and Sears Drive in the Southwest % of Section 26 from M- 1 to C-2. August 26, 2008 24943 Mr. Taormina presented a map showing the properly under petition plus the exisfing zoning ofthe surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There is one item of correspondence from the Engineering Division, dated July 3, 2008, which reads as follows: "At your request, the Engineering Division has reviewed the above referenced petition. We have no objection to the proposed petition. There are no additional right-of-way requirements for this site. The address of the site is 30660 Plymouth Road. The following change should be made to the description of the parent parcel. The last distance in the description should be 2,587.29. The legal description for the parcel to be rezoned is correct" The letter is signed by Robert J. Schron, P.E., on behalf oflhe City. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? Seeing none, we will go to the petitioner. Is the petitioner here this evening? Is there anyone here representing the petitioner, Plymouth L.L.C.? We're on Item #1. Mr. Taormina: Yes, this is your dem. Mr. Farmer: I'm sorry. I went to the fifth floor, the wrong place. I apologize. Mr. Walsh: We just introduced your item. At this point, the Planning Department has given us a general introduction that we reviewed at our study session. We're at a point where we would ask you questions, if there are any, or if you have anything in addition you'd like to add. One thing we do need to start with is your name and address for the record. Roy Farmer, 30650 Plymouth L.L.C., 30660 Plymouth, Livonia, Michigan 48150. Mr. Walsh: You went upstairs to the other meeting? Is that where you were? Mr. Farmer: Yes. Mr. Walsh: You're still in plenty of time, so we're fine. Mr. Farmer: Good. Mr. Walsh: Are there any questions for the petitioner? No? You have an easy night. It's a pretty straightforward request. We appreciate you being here tonight. August 26, 2008 24944 Mr. Farmer: Okay. Mr. Walsh: It was important for us. 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. Mr. Wilshaw: I think this is an attractive building. It's been there for a number of years with very little use. I'm glad to see it is being used, and I think that this zoning is appropriate. Therefore, I'm going to offer an approving resolution. On a motion by Wilshaw, seconded by Morrow, and unanimously adopted, it was #08-69-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 26, 2008, on , Petition 2008-06-01-04 submitted by 30650 Plymouth L.L.C. requesting to rezone a portion of the properly at 30650 and 30660 Plymouth Road, located on the north side of Plymouth Road between Merriman Road and Sears Drive in the Southwest % of Section 26 from M-1 to C-2, the Planning Commission does hereby recommend to the City Council that Petition 2008-06-01-04 be approved for the following reasons: 1. That the proposed change of zoning is consistent with the existing zoning on other properties in the vicinity of the Plymouth Road and Sears Drive intersection; 2. That the proposed change of zoning would constitute an expansion ofan existing adjacenlzoning district; 3. That the proposed change of zoning will permit the use of the subject property in a manner that will be complementary to and more consistent with the existing developments on the adjacent properties; and 4. That the proposed change of zoning would be consistent with the Future Land Use Plan. FURTHER RESOLVED, that notice of the above h=aring was given in accordance with the provisions of Section 23.05 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. August 26, 2008 24945 ITEM#2 PETlTION2006-05-0242 PARADOCS Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2006- 05-02-12 submitted by Pamdocs, L.L.C. requesting waiver use approval to amend the plans previously approved in connection with this petition in order to enclose the outdoor patio and increase the seating capacity of year-round interior seats of the existing full service restaurant at 19265 Victor Parkway (Doc's Sports Retreat), on properly located on the west side of Victor Parkway between Seven Mile Road and Pembroke Street in the Southeast''/. of Section 6. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are far items of correspondence. The first item is from the Engineering Division, dated July 31, 2008, which reads as follows: At your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposed petition. Then= are no additional right-of-way requirements. The address of 19265 Victor Parkway is correct. The legal description as presented is incomplete and should be as follows." The letter is signed by Robert J.Schron, P.E., on behalf of the City. The second letter is from the Livonia Fire & Rescue Division, dated August 8, 2008, which reads as follows: "This office has reviewed the site plan submitted in connection with a request for a waiver use approval to enclose the outdoor patio and increase the seating capacity of year-round interior seats of the existing full service restaurant located at the above referenced address. We have no objections to this proposal." The letter is signed by Ead Fester, Senior Fire Inspector. The third letter is from the Division of Police, dated August 1, 2008, which reads as follows: 'We have reviewed the plans in connection with Doc's Sports Retreat Expansion, located at 19265 Victory Parkway. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated August 12, 2008, which reads as follows: "Pursuant to your request of July 30, 2008, the above -referenced petition has been reviewe d. The following is noted. HVAC and fire suppression alterations will be required to be made to the proposed enclosed patio. This will be addressed further at time of plan review if this project moves forward. This Department has no further objections to this August 26, 2008 24946 petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? Seeing none, we will go to the petitioner Mr. Taylor: Thank you, Mr. Chairman and Commissioners. My name is Joe Taylor. I'm representing Doctor Bob. He unfortunately couldn't be with us this evening. I guess the Planning Department has certainly explained exactly what he would like to do. He's a victim of a very successful business in his area there. That's good news for a lot of us in Livonia when we have a successful business. All he would like to do, he has trouble in the winter, maybe turning people away because he doesn't have enough seats. So what he would like to do is enclose the patio and be able to close the windows so people can enjoy the outside looking out the windows at the pond that's out there and the fountains that are operating at the time. He's meeting all the requirements of the ordinance as far as parking goes. He has told me, and I've talked to the Inspection Department, that there are a few things that he has to correct or make right when he goes to the plan review, but that's not a problem. I'm here to answer any questions that you might have. Mr. Walsh: Are there any questions for Mr. Taylor? Ms. Smiley: We need his address forthe record. Mr. Walsh: Oh, yes. Mr. Taylor we need your address for our record. Mr. Taylor: 36734 Sunnydale, Livonia. Mr. Walsh: Are there any questions or comments? Ms. Smiley: I was wondering, are they having any problem with the traffic flow there? Mr. Taylor: No, not really. The Inspection Department said that we should put a one-way going in. That's the way they're doing it, right there. There is a sign indicating one way now because of the way the parking is configured there. Ms. Smiley: Okay. Thank you, Mr. Taylor. Mr. Walsh: Are there any additional questions or comments? August 26, 2008 24947 Mr. Wilshaw: The mechanical units are going to be added to the roof of the outdoor d=eck, if you want to call it that. Are they going to be appropriately screened so they're not visible from the road? Mr. Taylor: We talked about that with the Inspection Department, and they will definitely be screened. I think the parapet right now will screen anything that's there. Mr. Wilshaw: Okay. And if it doesn't, you'll add screens? Mr. Taylor: Correct. Mr. Wilshaw: The only issue I have with this site, I have no problem with the patio at all. I mentioned this at the study meeting. It's just a concern, and you alluded to it by the fact that this business has been so successful that the parking lot is almost not sufficient for the amount of business that Doctor Bob does. He indicated to me at that time, since he's not here I'll say that he indicated to me at the time that he had looked into some additional parking but it was very cost prohibitive. Do you know anything further? Mr. Taylor: That's true, that he did. Actually, he wrote a letter to Lone Star and talked to them on the phone, actually. They did not want to give up any parking at all because I guess maybe for the future of that building maybe being leased at one time or another. The parking to the north and the west of Lone Star is very expensive as a matter of fact. It's almost prohibitive to put in a parking lot there and put the sewers in and those types of things that they have to do. Mr. Wilshaw: Sure. Okay. That's the only comment I would have, but you do meet the parking requirements. So there's nothing improper or under -served by the amount of parking that you have currently from what I can tell, at least as far as our ordinances are concerned. So thank you very much. Mr. Taylor: Thank you. I guess our parking ordinance, most people say its too stringent. But you know, it's like the malls and like when you have a certain game that's very popular. That's when you have a little bit of problem with parking. At Christmastime the malls are loaded and they say there's not enough parking. He does have valet parking. He tries to take care of valet parking that way so he can accommodate people, but he keeps them all on his site. Mr. Walsh: Are there any additional questions? Thank you, Mr. Taylor. Mr. Taylor: Thank you. August 26, 2008 24948 Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, the public hearing is closed. A motion is in order. On a motion by Scheel, seconded by Smiley, and unanimously adopted, it was #08-70-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 26, 2008, on Petition 2006-05-02-12 submitted by Paradocs, L.L.C. requesting waiver use approval to amend the plans previously approved in connection with this petition in order to enclose the outdoor patio and increase the seating capacity of year-round interior seats of the existing full service restaurant at 19265 Victor Parkway (Doc's Sports Retreat), on property located on the west side of Victor Parkway between Seven Mile Road and Pembroke Street in the Southeast % of Section 6, which property is zoned G2, the Planning Commission does hereby recommend to the City Council that Petition 2006-05-02-12 be approved subject to the following conditions: 1. That the Site Plan marked Sheet SPA prepared by Kobeissi Associates, Inc., dated December 15, 2006, is hereby approved and shall be adhered to; 2. That the Deck Enclosure Floor Plan marked Sheet A-101 prepared by Kobeissi Associates, Inc., dated December 15, 2006, is hereby approved and shall be adhered to; 3. That the Ceiling Plan, Roof Plan and Enclosed Deck Front Elevation Plan marked Sheet A-102 prepared by Kobeissi Associates, Inc., dated December 15, 2006, is hereby approved and shall be adhered to; 4. That the maximum number of customer seats in the restaurant shall not exceed 390 seats; 5. That the petitioner shall comply with the stipulation in the correspondence dated August 12, 2008, from the Inspection Department; 6. That all conditions imposed by Council Resolution #428- 06, which granted waiver use approval to construct the deck addition to the subject restaurant, shall remain in effect to the extent that they are not in conflict with this approval; and August 26, 2008 24949 7. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for the 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 special general waiver use standards and requirements as set forth in Sections 11.03 and 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, 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 2008-06-0221 MID -SEVEN GASOLINE Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 06-02-21 submitted by Mid -Seven Gasoline Company requesting waiver use approval to operate an SDM liquor license at 29401 Seven Mile Road, located on the southwest corner of Seven Mile Road and Middlebell Road in the Northeast % of Section 11. Mr. Walsh: We have received correspondence from Counsel for the petitioner and they have requested that this item be tabled. We have to read to a dale certain if I'm not mistaken. The date they've requested is September 23, so it would be on the September 16 study session. If that is acceptable, we have a motion from Mr. Morrow. On a motion by Morrow, seconded by Wilshaw, and unanimously adopted, it was #08-71-2008 RESOLVED, that the Planning Commission does recommend that Petition 2008-06-02-21 submitted by Mid -Seven Gasoline August 26, 2008 24950 Company requesting waiver use approval to operate an SDM liquor license at 29401 Seven Mile Road, located on the southwest corner of Seven Mile Road and Middlebelt Road in the Northeast'''/ of Section 11, which property is zoned C-2, be tabled until the Public Hearings and Regular Meeting of September 23, 2008. Mr. Walsh, Chairman, declared the motion is carried and the foregoing item will be tabled until the September 23, 2008, Public Hearings and Regular Meeting at the request of the petitioner. ITEM #4 PETITION 2008-06-02-22 AMANI STATION Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 06-02-22 submitted by Amani Station Investors, Inc. requesting waiver use approval to operate an SDM liquor license at 37449 Five Mile Road, located on the southwest corner of Five Mile Road and Newburgh Road in the Northeast % of Section 19. Mr. Walsh: Similar to Item #3, we have written correspondence from Counsel for the petitioner requesting that we postpone this item until September 23. On a motion by Morrow, seconded by Wilshaw, and unanimously adopted, it was #08-72-2008 RESOLVED, that the City Planning Commission does hereby recommend that Petition 2008-06-02-22 submitted by Amani Station Investors, Inc. requesting waiver use approval to operate an SDM liquor license at 37449 Five Mile Road, located on the southwest comer of Five Mile Road and Newburgh Road in the Northeast''/. of Section 19, which properly is zoned G2, be tabled until the Public Hearings and Regular Meeting of September23, 2008. Mr. Walsh, Chairman, declared the motion is carried and the foregoing item will be tabled until the September 23, 2008, Public Hearings and Regular Meeting at the request of the petitioner. ITEM #5 PETITION 2008-07-02-23 CAR PRO AUTO 8: TRUCK Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 07-02-23 submitted by Car Pro Auto and Truck Services requesting waiver use approval to operate an automobile and truck repair facility at 30832 Industrial Road, located on the north side of Industrial Road between Merriman Road and Middlebelt Road in the Northwest 1/4 of Section 26. August 26, 2008 24951 Mr. Taormina presented a map showing the property under petition plus the existing zoning ofthe 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 July 31, 2008, which reads as follows: At your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal petition. There are no additional dght-0f-way requirements and the legal description is conect. The drives and parking on site are in extremely poor condition and should be resurfaced. The address of 30832 Industrial is connect." The letter is signed by Robert J.Schron, P.E., on behalf of the City. The second letter is from the Livonia Fire & Rescue Division, dated August 8, 2008, which reads as follows: "This oifice has reviewed the site plan submitted in connection with a request for a waiver use approval to operate an automotive repair facility located at the above -referenced address. We have no objections to this proposal" The letter is signed by Earl Fesler, Senior Fire Marshal. The third letter is from the Division of Police, dated August 1, 2008, which reads as follows: "We have reviewed the plans in connection with Car Pro Auto & Truck Service, located at 30832 Industrial We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated August 12, 2008, which reads as follows: "Pursuant to your request of July 29, 2008, the above -referenced petition has been reviewed. The following is noted. (1) The parking lot shall be repaired and/or replaced as necessary. (2) All parking spaces are required to be 10'x 20' in size and double striped. (3) One barrier free van accessible parking space is required. The barrier free space must be property located, sized, signed and striped. (4) A zoning compliance permit and inspections would be required if this project moves forward. (5) A fence shall enclose the entire property except the front yard setback. The fence shall be located and maintained on the boundaries of the lot area. This may be waived by a super majority of Council (6) Landscaping is provided in the front yard. Planning or Council may wish to address this to their satisfaction. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? August 26, 2008 24952 Ms. McDermott: Mr. Taormina, is the landscaping that's referenced, you know, that meets the requirement, is because there's grass in the front? Mr. Taormina: That's cored. Fifty percent of the area in the front yard is maintained as grass. There appears not to be any vegetation other than grass there. Ms. McDermott: Okay. Because I visited and I dont see anything other than the grass and the vegetation in the back. Mr. Taormina: Correct. Ms. McDermott: Okay. Thank you. Mr. Morrow: Along that line, I wonder, are you aware, is @ currently sprinkled or is it maintained by other means? Mr. Taormina: That l couldn't answer. Mr. Walsh: Is the petitioner here this evening? Good evening. Scott Gibson, Car Pro Auto and Truck Service, 13484 Surrey, Livonia, Michigan 48150. How ya doing? Mr. Walsh: Good. If you have anything else, @ would be a good time or we can go straight into questions. Mr. Gibson: Not exactly. I was trying to hear Ms. McDermott, what she asked about the landscaping. Mr. Walsh: Was there any other landscaping other than grass? Mr. Gibson: Yes. I'm going to call it shrubbery there, right up against the building. It's pretty large to the east of the big bay door. Mr. Walsh: Mr. Morrow asked if you have any irrigation for the lawn? Mr. Gibson: There's none that I'm aware of. If that needs to be put in place, its something that could be done. Mr. Walsh: Okay. We'll turn the floor over to my fellow commissioners if they have any questions. Ms. McDermott: Mr. Gibson, thanks for mentioning that. I don't remember seeing the shrubbery, but I did notice there's not anything mentioned in the petition here about painting the outside of the building. Do you have any plans? August 26, 2008 24953 Mr. Gibson: Absolutely. I figured it was part, but its getting done. It will be addressed. That's the number one thing. Ms. McDermott: Okay. That's great because then you know I saw the graffiti on the east side of the wall. Then I'd also like to ask, I don't notice anything in here about signage. Is there a specific type of sign you plan on putting up? Mr. Gibson: Well, there was something that we put in the petition. I guess that's what you'd call it. It should be within the laws of how your signs have to be done. I'm a mechanic. I know something about it's got to be so far off the road and it can be so big. Ms. McDermott: But one sign? You're planning on one sign? Mr. Gibson: Yes. One sign. It shows on there. It's just a little area up there in the front, whatever the off the road, that's the legal part. It has to be erected. Ms. McDermott: All right. Then I have one other question. I visited your current site. I know its a bit difficult to see inside the fencing because you have a lot of vegetation there, but I did notice some things silting around like tires and things just kind of there. I kind of wanllo knowwhatthe plan is for the new location. Mr. Gibson: Well, it's a bit bigger and right now its all trying to be ... I don't know when you came by . . . trying to be regrouped, reorganized over there on Surrey. Ms. McDermott: All right. Okay. Thank you. Ms. Smiley: Its my understanding you're renting the current facility that you're in. Is that correct? Mr. Gibson: Correct. Ms. Smiley: And you plan to purchase this new facility? Mr. Gibson: Yes. Ms. Smiley: How is business? Mr. Gibson: Its not great, but it was just 9 tears a couple days ago and I want to keep going. Ms. Smiley: Good. We're glad to keep you. Thank you. August 26, 2008 24954 Mr. Walsh: Mr. Morrow? Mr. Morrow: Basically, Ms. Smiley asked the question I had. Just to further note that if you were a tenant, I would look forward to, because you're now going to be the owner, that the housekeeping and the status of the building and grounds will be up to speed. Mr. Gibson: It will be just that much better. Mr. Morrow: That's what I antiapaled. Ms. Vartoogian: I was just wondering if you planned on storing any equipment or auto parts or anything outside of the building. Mr. Gibson: Absolutely not. How do I say this nicely? Customers sometimes end up leaving their cars loo long and natures like that would be the only vehicles that would be out there. I know they said I needed to put up a fence for whatever the laws are, and I was just going to do it for safely I guess. There's a big fence where I'm at and I haven't had any trouble over there at all. Ms. Vartoogian: Okay. So you'll be able to store everything you need inside the building. Is that what you're saying? Mr. Gibson: Yes. Ms. Vartoogian: Okay. Thank you. That's R. Mr. Walsh: Are there any additional questions or comments? Mr. Wilshaw: How much larger is this new building than your current one? Mr. Gibson: I believe its 2,500 square feel where I'm at and I believe I just heard it's 4,000 something. I haven't got a true number of this new building. Mr. Wilshaw: Okay. I look a look at your current facility loo. Actually, an hour ago I went by there again and there was a snow plow sifting outside in your yard. Some other parts that aren't necessarily entire vehicles. That does concern me. I certainly dont want to see that at your new facility. I'm hoping that having a larger indoor space will allow you to store those items inside. Mr. Gibson: Absolutely. August 26, 2008 24955 Mr. Wilshaw: Okay. Can you tell me the nature of your auto repair business? Is 8 mostly commercial vehicles or is it just regular passenger vehicles? Mr. Gibson: Its kind of a mixture. As you know, businesses have been failing and I had quite a few business accounts and they've gone by the wayside, shut down or lost shifts. So it's hard to say but it could be 50-50. I'm not quite sure I can say that but it's close. Mr. Wilshaw: The reason I ask is this new location obviously is in an industrial area and it's not necessarily right on the main road for average consumers that may need to get their cars foxed to find, but certainly if you do a lot of commercial business, you're right in the heart of it. Mr. Gibson: Well, if you know where I was at already, there's like no traffic through there. Like I said, I've been here for nine years just a couple days ago. Word of mouth, that's why I'm trying to stay here in Livonia. I grew up here. I live here right now. I'm just trying to stay here with all my accounts or people that I have in this area. Mr. Wilshaw: That's excellent. I like to hear that you're doing what you can to try to slay in the community and grow your business. That's excellent. Thank you. Mr. Gibson: Thank you. Mr. Walsh: Are there any additional questions or comments? Seeing none, thank you, sir, for being here this evening. Is there anybody in the audience that wishes to speak for or against this petifion? Seeing no one coming forward, the public hearing is closed and a motion is in order. On a motion by McDermott, seconded by Scheel, and unanimously adopted, 8 was #08-73-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 26, 2008, on Petition 2008-07-02-23 submitted by Car Pro Auto and Truck Services requesting waiver use approval to operate an automobile and truck repair facility at 30832 Industrial Road, located on the north side of Industrial Road between Merriman Road and Middlebelt Road in the Northwest 1/4 of Section 26, which property is zoned 91, the Planning Commission does hereby recommend to the City Council that Pefition 2008-07-02- 23 be approved subject to the following condifions: August 26, 2008 24956 1. That the Site Plan submitted by Car Pro Auto and Truck Repair, received by the Planning Commission on July 22, 2008, is hereby approved and shall be adhered to; 2. That this waiver use request is approved to allow the use of not more than three (3) work stations within the subject building; 3. That no more than three (3) vehicles shall be parked outside overnight on the site in connection with this use, except that this provision for outside overnight parking shal not include dismantled, damaged, disassembled or unlicensed vehicles; 4. That there shall be no outdoor storage of auto parts, equipment, scrap material, debris, waste petroleum products or similar items generated by the subject use; 5. That the following issues as outlined in the correspondence dated August 23, 2008, from the Inspection Department shall be resolved to that department's satisfaction: That the parking lot shall be repaired and/or replaced as necessary; That all regular parking spaces shall be 10' by 20' in size and double striped; That one banner free van accessible parking space shall be provided, which shall be properly located, sized, signed and striped; That inspections and the issuance of a Zoning Compliance Permit shall be required prior to the utilization of the subject building and property for the proposed use; That the lot area, except for the front yard setback, shall be enclosed with a fence which shall be located and maintained on the boundaries of such lot area a specified in Section 16.11(a)(2) of the Zoning Ordinance, unless this requirement is modified by means of a separate resolution in which two-thirds of the members of the City Council concur; August 26, 2008 24957 6. That the the above the overhead door at the front of the building and the concrete block rear and side walls of the building shall be painted; 7. That a fully detailed landscape plan, which shall include an underground automatic irrigation system, shall be submitted for review and approval of the Planning Commission and City Council within sixty (60) days from the dale of approval of this petition; 8. 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; and 9. That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time of application for Occupancy and Zoning Compliance Permits. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Section 19.06 ofthe 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. McDermott: Mr. Taormina, since it wasn't mentioned in here, can we add something to the effect that he intends to paint the building? Mr. Taormina: Yes. Mr. Morrow: The petitioner earlier said that he was not aware of a sprinkling system but if one would be required, he would make it happen. I would like to, and you can give me some guidance on this, I Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 07-02-24 submitted by Fusco, Shaffer & Pappas, Inc. requesting waiver use approval to construct an addition to the facility and increase the number of beds at 14100 Newburgh Road (Angela Hospice Home Care, Inc.), located on the east side of Newburgh Road between Schoolcmft Road and Five Mile Road in the Southwest 1/4 of Section 20. August 26, 2008 24958 would like to have a callback on the landscape plan. The petitioner could work with the staff and add that as you see fl. Mr. Walsh: Is that acceptable to Ms. McDermott and Ms. Scheel? Ms. McDermott: Okay. Ms. Scheel: Okay. Mr. Walsh: Very good. That's how we will do R. It will be a callback item. Mr. Morrow: Okay. Thank you. Mr. Wits haw: If there is one thing we could perhaps add, it's a minor detail to the approval, is that only conforming signage is approved and any additional signage would be required to come back to us. Mr. Walsh: Is that acceptable, Ms. McDermott? Ms. McDermott: Yes. Mr. Walsh: Ms. Scheel? Ms. Scheel: Yes. Mr. Walsh: Then it is so amended. Is there any additional comments or changes? Seeing none, would the secretary please call the roIh Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Our Planning Department will give you a call to discuss the irrigation issue, and we wish you continued success. Thank you for being here. ITEM#6 PETITION 2008-07-0224 ANGELA HOSPICE Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 07-02-24 submitted by Fusco, Shaffer & Pappas, Inc. requesting waiver use approval to construct an addition to the facility and increase the number of beds at 14100 Newburgh Road (Angela Hospice Home Care, Inc.), located on the east side of Newburgh Road between Schoolcmft Road and Five Mile Road in the Southwest 1/4 of Section 20. August 26, 2008 24959 Mr. Taormina presented a map showing the 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 item is from the Engineering Division, dated July 31, 2008, which reads as follows: At your request, the Engineering Division has reviewed the above-referenced petition. We have no objection to the proposed petition. There are no additional right-0f-way requirements. The legal description as presented appears to be incomplete and describes the West X of Section 20 excluding Madonna College, St. Mary's Hospital and Ladywood High School. A modified legal description of the site, which was used in connection with the original hospice building, is as follows. The North 900 feet of the South 1593 feet of the East 950 feet of the West 1010 feet of the Southwest X of Section 20, T. 1S., R.9E., City of Livonia, Wayne County, Michigan. It does not appear that a land split is necessary at this time. The address of 14100 Newburgh Road is connect. Detention facilities are shown for the increased runoff and plans for this site will be reviewed by the City and not Wayne County." The letter is signed by Robert J.Schron, P.E., on behalf of the City. The second letter is from the Livonia Fire & Rescue Division, dated August 8, 2008, which reads as follows: "This office has reviewed the site plan submitted in connection with a request for a waiver use approval to construct an addition to the facility and increase the number of beds of the facility located at the above referenced address. We have no objections to this proposal with the following stipulation: If subject building(s) are to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection. We have no objections to this proposal." The letter is signed by Ead Fesler, Senior Fire Inspector. The third letter is from the Division of Police, dated August 1, 2008, which reads as follows: "We have reviewed the plans in connection with Angela Hospice Expansion, located at 14100 Newburgh. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated August 12, 2008, which eads as follows: "Pursuant to your request of July 29, 2008, the above- referenced petition has been reviewed. This Department has no objections to this petition." The letter is signed by Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. Walsh: Are there any questions for the staff? August 26, 2008 24960 Ms. Smiley: I just have one. RUF zoning, is there another zoning that would better serve this whole area so that they didn't have to keep getting waiver uses, like that would include an Angela Hospice, a Madonna University, a high school? Is RUF what it should be and then they have to get waiver uses for everything? I know there's a lot of different things there, a university, a high school. Mr. Taormina: I'd have to look at that. Ms. Smiley: They've never requested a zoning change? Mr. Taormina: Housing for the Elderly may be an option, an R9 category, but we would want to take a doser look at that to make sure there wouldn't be a problem in terms of setbacks or density or any of those issues. While there are other zoning classifications that permit senior or assisted housing facilities or nursing homes, things of that nature, most of those fall under the category of a waiver use. So it really wouldn't benefit us to rezone this. The only one I could think of would be the R-9, but we would have to explore whether or not this site fits into that zoning classification. Ms. Smiley: Okay. I was just curious because I know they have so much property, the Felician Sisters. Okay. Thank you. Mr. Walsh: Is the petitioner here this evening? Good evening. James Pappas, Fusco, Shaffer & Pappas, Inc., 30800 Northwestern Highway, Suite 100, Farmington, Michigan 48334. Good evening. I'd like to thank Mr. Taormina for the careful explanation of the design. Also with me tonight is Sister Giovanni. If you have any questions about the operations and the community, she'd be happy to answer those for you. The only thing I might add is that I did bring along a color rendering. Mr. Walsh: I'm going to ask if you wouldn't mind, I'm going to have you come over here and we'll gel you a tripod set up so it will be displayed for people watching on TV. Thank you, Mr. Taylor. We're putting you to work this evening. Mr. Pappas: Just a quick explanation as Mr. Taormina did an excellent job. This has some color graphics to it to help you understand the layout a little bit better. In addition to that, I did bring along a board with color, elevations and the materials on the building. The intent of the design is to be harmonious with the existing design utilizing similar materials but to update the facades of the building to be more of a current design. I'd be happy to answer August 26, 2008 24961 any addilional questions you might have about the project, and I hope you approve it. Mr. Walsh: Are there any questions from the Commissioners? Mr. Wilshaw: Mr. Pappas, I have a number of questions. Typically, we require 20 feel light standards and your plan asks for 25 feel. Do you have a problem with 20 feet light standards? Mr. Pappas: I don't have a problem. I believe the existing standards out there are 25 that we're matching in the existing parking lot. The intent was to match the existing light poles. This is the existing lot. We are adding one addifional section of parking to match. I've got no problem utilizing the lower fixtures, the decorative fixtures, along the drive in our new parking though. Mr. Wilshaw: Okay. That seems reasonable. Can you tell me a little bit about the design of the building and why you didn't continue the theme of a two-story building with this addifion based on just sheer size? Mr. Pappas: Operationally, the two-story design with a basement doesn't work as well as a one-story design with this particular use, and that's the reason we went that route. The new addifion houses specifically the patients, families, etc. Everything that we're constructing needs to be on one level. We were not involved in the original design. It probably would have worked better as a single story building. Mr. Wilshaw: I can understand that given the nature of the work that you do there and the fact that you have a tremendous amount of land to work with. Mr. Pappas: Operationally, it's a horizontal -type operation, moving food, supplies, equipment. It's just time consuming. Currently, they have a lot of storage in the basement. Everything has to be brought up and down an elevator every time they need to use it. Functionally, it does function better as a one-story building. Mr. Wilshaw: Okay. I appreciate you showing us material samples and a color rendering to give us a better feel for how the exterior is going to look. Tell me a little bit about the interior and it's amenifies. Your current facility is very beautiful when you walk in there. Its a stunning building. It's very calming and it has just beautiful architectural elements. I wonder if this new addition is going to have those same stunning elements? August 26, 2008 24962 Mr. Pappas: It will continue to do so. The patient rooms will be larger, in fact, to allow for additional family members to visit. We have multiple family -type rooms so that visitation can occur in the building. Its broken into a three pod concept. Currently the 16 beds are all connected on a single wing. The design that we're proposing is three separate pods of 10, two lens and a twelve, to break it into smaller communities. It will have the same type of feel and architecture. We would just expand on that. Mr. Wilshaw: Okay. I appreciate that. The exterior amenities. We've heard about this memorial tree garden. Mr. Pappas: We're still working on some of the details. We have a lot of memorial trees on site that we have to relocate. We'd like to come up with a garden design in this area to relocate the trees so that we can move them once. We're trying not to have to move them multiple times and not get them to survive. Our goal initially and truthfully before the end of the year, is to get the trees that will be in the way of construction relocated into a garden area that can remain in place. Mr. Wilshaw: Okay. I like that idea very much. It's a very pleasing idea. Tell me about the water retention basin. Its going to be a dry basin. Mr. Pappas: It's going to be a dry basin. A couple reasons for that. Originally, there was no stone water detention for the design. Currenfly, after meeting with the city engineers, they have indicated that we need to provide stone water detention on site that will flow into the city storm system only for the newly constructed impervious surfaces, so the additions, new paving, etc. We looked at a possible wet -type pond. We have some water problems on the site already. There's a water table that's about six fool below. We'd like to slay away from that for a couple of reasons. They also have kind of a geese problem on the site. So we're leaning toward a dry pond in that area, landscaping around the perimeter, and hopefully, its our intent with the size of the pond and the levelness of it, that it will drain rather quickly after a storm and soak into, percolate into the ground as well as discharge into the stone system. Mr. Wilshaw: Okay. Is that pond going to be just a depressed grassy area, or is it going to have any architectural elements? Mr. Pappas: It will be an undulating depression. We just won't cover a rectangular whole in the ground. We're going to depress that area and provide some plantings throughout the space. The addition of some, not aquatic plants, but some water resistant plantings in that area I think would just be into the design. August 26, 2008 24963 Mr. Wilshaw: So it's going to be more of a rain garden than anything else? Mr. Pappas: You could call it that. We're leaning in that direction to have a dry pond as opposed to a wet pond, yes. Mr. Wilshaw: I do like the idea of using some kind of a rain garden concept that would have plantings that help absorb the water but also create an attractive space for people who are either driving by on Newburgh Road or people who are looking out the windows of the facility to see something other than just a ditch. Mr. Pappas: That is not the intent here. Mr. Wilshaw: Okay. Very good. Thank you very much. I'll reserve my comments to later. Thank you. Mr. Walsh: Are there any additional questions or comments? Ms. McDermott: Mr. Pappas, nice to see you. I have a couple questions. First, could you describe the purpose of the extra signage? I understand you're asking for two signs and they're both going to be located at the boulevard? Mr. Pappas: If you've driven past the current entry of Angela Hospice, unless you knew if was there, you'd drive past it not even seeing the sign probably. It's relatively small. It's probably over -sized the City's requirement currently. It's located on one side. What we're proposing is a new rresonry stone -type entry way that would surround both sides of the boulevard entry. The intent would be to have signage perpendicular to Newburgh Road on both sides, on one side of each of these. So if you drove by, whether you'd be going south or north, you'd be able to see the signage. Ms. McDermott Okay. All right. Then the new area, the service area that we're describing for the dumpsler area. That will be enclosed, right, with the fencing? Mr. Pappas: It will be enclosed with masonry walls. This area here, the only access opening will be at the drive. These are masonry screen walls and these are masonry screen walls. We want to hide that area from our residents and offices, etc., as well. Ms. McDermott Okay. Because when I was out visiting today, I was actually a little surprised to see the current setup because it is such a beautiful building and such a beautiful site, and then to see the dumpsterjust staring at you right in the face in the parking lot. August 26, 2008 24964 Mr. Pappas: That was one of the things that the operators brought up to us when we visited the site, that we wanted to improve the condition. So we are improving. As you can see at the service area there, the drive comes in. There are masonry walls both sides. The dumpsters are in masonry walls and the service drive goes into a service area. Ms. McDerrnot: Okay. And then the last question I have, you just brought it up with the building, the new addition having the three pods. I'm just curious. Are the pods specific. Are the people divided into the pods by different types of needs? Mr. Pappas: No. It's specifically smaller groups of people so that staff can work more closely with the individual group. There becomes more of a family bond. Families gel to know each other as well. Its really more of a design philosophy and operational philosophy than a separation of conditions you might say. Ms. McDermott Okay. All right. Thank you, Mr. Pappas. Mr. Pappas: Thank you. Mr. Walsh: Are there any additional questions or comments? Seeing none, Mr. Pappas, thank you for your time. Mr. Pappas: Thank you very much. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, a motion is in order. On a motion by Wilshaw, seconded by McDermott, and unanimously adopted, it was #08-74-2008 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 26, 2008, on Petition 2008-07-02-24 submitted by Fusco, Shaffer & Pappas, Inc. requesting waiver use approval to construct an addition to the facility and increase the number of beds at 14100 Newburgh Road (Angela Hospice Home Care, Inc.), located on the east side of Newburgh Road between Schoolcrat Road and Five Mile Road in the Southwest 1/4 of Section 20, which property is zoned RUF, the Planning Commission does hereby recommend to the City Council that Petition 2008-07-02-24 be approved subject to the following conditions: August 26, 2008 24965 1. That this facility shall house a maximum of thirty-two (32) mentally or physically handicapped persons, provided that the sixteen (16) person limitation specified in Section 5.03(f)(2) of the Zoning Ordinance is modified by means of a separate resolution in which two-thirds of the members of the City Council concur; 2. That the Site Plan marked Drawing Number L103 dated July 25, 2008, as revised, prepared by Fusco, Shaffer & Pappas, Inc., is hereby approved and shall be adhered to; 3. That the Landscape Plan marked Drawing Number L102 dated July 25, 2008, as revised, prepared by James C. Scott and Associates, is hereby approved and shall be adhered to; 4. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 5. That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 6. That the Exterior Building Elevation Plan marked Drawing Number A201 dated July 25, 2008, as revised, prepared by Fusco, Shaffer & Pappas, Inc., is hereby approved and shall be adhered to; 7. That the brick used in the construction shall be full face four (4") inch brick; 8. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 9. That the screen walls of the service yard and 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 steel construction or durable, long-lasting fiberglass and maintained and when not in use closed at all limes; 10. That this site shall meet the Wayne County Storm Water Management Ordinance and shall secure the necessary permits, including storm water management permits, August 26, 2008 24966 wetlands permits and soil erosion and sedimentation control permits from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; 11. That the Developer shall submit for approval an ongoing mosquito control program, as approved by the Department of Public Works, describing maintenance operations and larvicide applications to the City of Livonia Inspection Department prior to the construction of the stormwater retention facility; 12. That the owner shall provide annual reports to the Inspection Department on the maintenance and larvicide treatments completed on the slormwater detention pond; 13. That pole mounted light fixtures in the parking lot north of the hospice building shall not exceed 25 feet in height and pole mounted light fixtures in the new parking lots to the west and south of the proposed addition shall not exceed 20 feel in height; 14. That the petitioner shall correct to the Fire Department's satisfaction the stipulations contained in the correspondence dated August 8, 2008; 15. That the entrance signage, as shown on the approved elevation plan, is hereby approved and shall be adhered to, subject to the review and approval by the Zoning Board of Appeals; and, 16. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building perils are applied for Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 5.03 and 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. August 26, 2008 24967 FURTHER RESOLVED, that nofice 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? Mr. Morrow: As it relates to the lighting fixtures, because the old parking lot currently has the 25 fool fixtures and their intent was to match that for any new ones added, but the 20 feel could pertain to any new parking surrounding the new hospice facility for the guests. Mr. Walsh: Is that acceptable? Mr. Wilshaw: Yes. So you're looking for 25 fool standards for the areas that would match and 20 fool forlhe news areas? Mr. Morrow: Yes. Mr. Wilshaw: That's fine. Mr. Walsh: Ms. McDermott? Ms. McDermott: That's fine. Mr. Walsh: Then the resolution stands as amended. Are there any additional questions or comments? Mr. Wilshaw: I just want to make a brief comment that having someone in my family that's close to me having recently been a patient at the facility, I've had the opportunity to see the facility from that perspective. Its a wonderful facility that we have in our city. The hospice program is a wonderful program that's available to many, many people throughout the State of Michigan, and Angela Hospice and Sister Giovanni and her colleagues do an excellenljob. Anything that we can do to facilitate this particular facility to expand and continue their hard work, I'm very much in support of. Mr. Walsh: Thank you, Mr. Wilshaw. Mr. Morrow: Just to echo what Mr. Wilshaw said, we all know the fine work that Sister Giovanni does and she's doubling her size in order to provide a much needed, I don't know if you want to call it service to the community and to the people that require that type of care, but I also want to compliment the architects on bringing forward a plan and touching all the bases to service the August 26, 2008 24968 needs that the hospice requires. So it's always nice to see nice petitions come forward, not only the renderings and the buildings but also the well thought out landscaping plans and the access to parking and just the general movement around the facility. Mr. Walsh: Thank you. Are there any additional questions or comments? Seeing none, then a motion is in order. I'm sorry, please call the roll. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Thank you all for being here tonight. Mr. Pappas: For myself and Sister and the entire Angela Hospice community, I'd like to thank the Planning Commission and the staff for their help. Thank you. ITEM #7 PETITION 2008-07-06-04 ZONING ORD. AMEND. Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2008- 07-06-03 submitted by the City Planning Commission, pursuant to Council Resolution #300-08, and Section 23.01(a) of the Livonia Zoning Ordinance, as amended, to amend Section 18.50H of Article XVIII of the City of Livonia Zoning Ordinance to require that the higher (credit) gasoline price be listed on gas station signs in larger and more prominent letters and numbers than the lower (cash) price. Mr. Walsh: During our study session, we had hoped to receive additional information from the Law Department, which I understand will be forthcoming. So my recommendation is that we table this item until that information is received. On a motion by Smiley, seconded by McDermott, and unanimously adopted, it was #08-75-2008 RESOLVED, that the City Planning Commission does here by recommend that Petition 2008-07-06-03 submitted by the City Planning Commission, pursuant to Council Resolution #300-08, and Section 23.01(a) of the Livonia Zoning Ordinance, as amended, to amend Section 18.50H of Article XVIII of the City of Livonia Zoning Ordinance to require that the higher (credit) gasoline price be listed on gas station signs in larger and more prominent letters and numbers than the lower (cash) price, be tabled. August 26, 2008 24969 Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted ITEM#8 APPROVAL OF MINUTES 967'Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 967"' Regular Meeting held on August 12, 2008. On a motion by Morrow, seconded by Wilshaw, and unanimously adopted, it was #08-76-2008 RESOLVED, that the Minutes of 976" Regular Meeting held by the Planning Commission on August 12, 2008, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Morrow, Wlshaw, McDermott, Scheel, Vartoogian, 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 968" Public Hearings and Regular Meeting held on August 26, 2008, was adjourned at 8:15 p.m. CITY PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: John Walsh, Chairman