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HomeMy WebLinkAboutPLANNING MINUTES 2008-01-22MINUTES OF THE 956° REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, January 22, 2008, the City Planning Commission of the City of Livonia held its 956" Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. William LaPine, Vice Chairman, called the meeting to order at 7:00 p.m. Members present: William LaPine Deborah McDermott R. Lee Morrow Carol A. Smiley Ashley Varloogian Ian Wilshaw Members absent: John Walsh Messrs. Mark Taormina, Planning Director, and Scott Miller, Planner III, were also present. Vice Chairman LaPine 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 pefition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their filing. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM#1 PETITION200741-0848 BOB EVANS Ms. Smiley, Secretary, announced the first item on the agenda, Pefition 2007-11- 08-18 submitted by Bob Evans Restaurant requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to demolish and reconstruct the restaurant at 13911 Middlebell Road, located on the west side of Middlebell Road between Schoolcraft Road and Bentley Avenue in the Southeast % of Section 23. January 22, 2008 24523 Mr. Miller: This pefifion involves a request to demolish and reconstruct the Bob Evans Restaurant located on the west side of Middlebelt Road between Schoolcraft Road and Bentley Avenue. The subject property is zoned G2, General Business. Restaurants require waiver use approval in a C-2 zoning district. The existing Bob Evans Restaurant received waiver use approval (CR #997-81) back on November 16, 1981. Once waiver use approval has been granted for a piece of property, unless otherwise specified, it runs with the land. The number of seats approved for the current restaurant was 149. The new proposed Bob Evans Restaurant would abide by this seating restriction. With the seating count slaying the same and the building transformation being only cosmetic, the proposed renovations only require site plan approval. The subject property measures 290 feet along Middlebelt Road by 178 feet along SchoolcreR Road. Directly to the north is the Wine Palace Party Store. To the west, fronting on SchoolcraR Road is a cell phone outlet store. To the east, across Middlebelt Road, is an Olive Garden Restaurant and a vacant building that was formerly a Chi -Chi's Restaurant. The location of the new proposed restaurant would be slightly north of the existing restaurant, approximately 150 feel from SchoolcraR Road and about 75 feel from Middlebelt Road. The new proposed building would be 5,206 square feel in size, making it 304 square feet larger than the existing restaurant. Additionally, a small cooler unit, 286 square feet in size, would be added to the rear of the building. As mentioned above, the new restaurant would have the same number of customer seating (149 seats) as the existing restaurant, but according to the new plans would only employ 21 employees. The petitioner confirmed that this location would not offer outside dining. The new parking layout for the site only provides a total of 84 parking spaces, which is 14 spaces fewer than what is currently available. The proposed parking spaces and aisleways of the new parking scheme would conform to the Zoning Ordinance. Based on the seating and number of employees, the new restaurant would require 98 parking spaces. The site plan shows 84, which makes it deficient 14 spaces. Because of the deficient parking, a variance would be required from the Zoning Board of Appeals. Access to the site would not change with vehicles able to utilize the existing driveways off Schoolcrafl Road and Middlebelt Road. Landscaping for this site is required to be 15 percent of the total site. The landscaping provided on the new plan is 18 percent. The main focal points of the landscaping would be the areas near the two driveways, around the existing flagpole fronting on Middlebelt Road and up near the building. Storm water runoff for this development would be handled underground. The landscape plan illustrates an underground January 22, 2008 24524 stone water detention system beneath the parking lot pavement between the building and the north property line. The new building would be constructed out of brick on all four sides. Accenting the building would be bands of soldier course and herringbone brick patterns. Metal awnings would trim and shield the top of the windows. The front entrance area would have a standing seam metal overhang porch supported by brick columns. The lop edge of the roofs parapet would be trimmed with decorative cornice. Wall mounted light fixtures would cast silhouette shadowing on the building. Mr. LaPine: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated December 6, 2007, which reads as follows: "Pursuant to with your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal or legal description contained therein.. The above address number of 13911 Middlebeft Road has been verifred for this subject site. There appears to be no problems with the points of ingress and egress. Relative to compliance with City Ordinances and off-street parking, the site is deficient 12 regular parking spaces. The plans also indicate on-site underground storm water detention for a 10 -year storm event that would be in compliance with Wayne County's Storm Water Management Ordinance." The letter is signed by John P. Hill, Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated December 11, 2007, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to demolish and rebuild the restaurant on property located at the above -referenced address. We have no objections to this proposal with the following stipulation: If subject building is to be provided with an automatic sprinkler system, an on-site hydrant shall be located between 50 feet and 100 feet from the Fire Department connection." The letter is signed by Earl Fesler, Fire Inspector. The third letter is from the Division of Police, dated December 7, 2007, which reads as follows: We have reviewed the plans in connection with Bob Evans Restaurant, located at 13911 Middlebeft. 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 January 4, 2008, which reads as follows: "Pursuant to your request of November 28, 2007, the above -referenced petition has been reviewed. The following is noted. (1) The petitioner has shown a deficiency in the number of required parking spaces due to the increase in seating capacity. We agree with the calculations presented and an January 22, 2008 24525 approval from the Zoning Board of Appeals would be required to maintain the deficiency of 12 spaces. (2) The parking spaces shall be double striped. The required minimum size of each parking space shall be 10' wide by 20' deep. (3) Barrier free parking spaces are required to be property sized, marked and signed. (4) No signage has been reviewed. However, there is an existing non -conforming pylon sign located at the East entrance. Note # 18 on page C-1 states that a reader board is proposed to be added. The Commission and/or Council may wish to address the nonconforming pylon sign at this time. (5) The condition of the pine trees located on the North side of the property, denoted on the landscape plan as existing, should be evaluated and replaced as necessary. (6) All landscaped areas should be irrigated, and if already irrigated, tested to show proper operation. (7) Landscape notes indicate that lawn areas to be seeded. The Commission and/or Council may wish for these areas to be sod. (8) Any rooftop equipment shall be screened from view. (9) All features shall be barrier free including bench's, cash counters and carry out counters. This will be further addressed at our plan review. 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. La Pine: Are there any questions from the Commissioners? Mr. Morrow: Mark, you mentioned the pylon sign, and I notice in the proposed signage, I don't see it there. Has that been taken away or will that stay? Mr. Taormina: It is our understanding, and this should be vented with the applicant, that the pylon sign as it exists today would remain. Also relative to signage, I think this was put in your report, there are two wall signs proposed. I believe what is allowed is a total of 100 square feel, and that would be one sign equal to 67 square feet on the front of the building, and a second sign equal to half the area or 33 square feet, located on the south side of the building. They are proposing two signs of equal area, 45 square feet each. So total signage would be 90 square feel, but one of those two signs is a little bit larger than what the ordinance would permit. That too would require Zoning Board of Appeals approval. Lastly, with respect to signage, they are showing a LED light band along the cornice of the building. That is something that would not be permitted and should be addressed by the Commission as part of any approving resolution this evening. Mr. Morrow: Thank you. January 22, 2008 24526 Ms. Vartoogian: In your presentation, I believe you mentioned that the deficient parking is the result of a larger footprint of the building; however, in the letter from the Inspection Department, #1, it states that the deficiency in parking is due to an increase in seating capacity. Do you know which one is accurate? Mr. Taormina: I will have Scott verify this. I think it is because of the reduction in the number of parking spaces, not the result of increase in seating capacity. Mr. Miller: That is correct. They agreed to have the same number of seats. I don't know where Inspection got that information. Ms. Vartoogian: Okay. Thank you. Ms. Smiley: My question, Mark, was, are those parking spots 10 feet by 20 feel? Mr. Miller: Yes. They are all conforming. Ms. Smiley: Thank you. Mr. LaPine: Is the petitioner here this evening? Dan Havener, Director of Engineering, Bob Evans Farms, Inc., 3776 S. Hgh Street, Columbus, Ohio 43207. We stand before you tonight. I think the gentlemen did an excellent job in terms of presenting the project to you. We're here to answer any questions you may have for clarification purposes that have been presented here tonight. The other gentleman here tonight is Rick McKinney, and he is a Senior Real Estate Manager within the corporate offices also. He is in charge of this project from the Real Estate Department. Mr. La Pine: Are there any questions from the commissioners? Mr. Morrow: First of all, I appreciate the fact that you're redoing your building here in Livonia. That is much appreciated. Mr. Havener: We're looking forward to it. Mr. Morrow: Based on the information from prior business there, do you foresee the fact that the deficiency in parking would ever be a problem? Mr. Havener: Actually, no. Due to the efficiencies of the new building, what our projections are for this type of building is typically 85, the January 22, 2008 24527 parking space count that we shoot for. And so we have a revised plan also I'd like to bring to your attention and I can show you that this evening. But we have looked at the island out front where the flag is and what we're proposing to do is eliminate the island where the flag is. If we need to accommodate landscaping that is within that island somewhere else on the property, we can do that. We're able to pick up two additional spaces by eliminating that island. Currently there's a flagpole within that island. What we've determined operationally is that management is not doing a real good job of maintaining the flag and flying it with the proper lighting. Its been determined at this point to remove the flagpole because of that reason and put in the parking spaces, which helps us out with parking counts. Mr. Morrow: Okay. So then the deficiency will now be 10. Mr. Havener: Correct. Mr. Morrow: As part of hearing the report from Inspection, do you have any problem with the sodding as opposed to the hydroseeding? Mr. Havener: No. We'd be more than happy to put sod down if that's what the City would like us to do. Mr. Morrow: Okay. And you also are in agreement with the light band that was mentioned that is prohibited? Mr. Havener: Eliminating the LED? Mr. Morrow: Yes. Mr. Havener: Yes. That's something we typically put on all of our buildings. We don't necessarily gel it on all of them, but that is a standard detail that we put on. If we need to eliminate that at the City's request, we can do that. Mr. Morrow: We certainly appreciate it. Mr. Wilshaw: Sir, the pylon sign that is existing there. Is that going to remain? Mr. Havener: Yes, what our plans were originally was to add a reader board to that sign, but I think operationally we took a look at that and in order to replace the face and go with an additional reader board on the post below didn't make sense with what we already have there today. So our plans are to leave it as it is today and basically making no adjustments to it at this time. January 22, 2008 24528 Mr. Wilshaw: Would you be willing b entertain the notion of removing that pylon sign and lowering it to a ground sign which is typical in our city. Mr. Havener: Al this time, I could take that back to our Senior VPs and propose that, but I'd say at this point that we would prefer to leave the sign as it is today. I'm sure that would be their position, but I will be more than happy to take that back to our offices and propose that. Mr. Wilshaw: Explain to me exactly what sort of signage you have on this site in total. You have the pylon sign. I see two signs on the building. Are there any other signs? Mr. Havener: No. That would be it. We have the south sign, the east sign on the front, and then the pole sign along Middlebelt. Mr. Wilshaw: Okay. I'd like you to consider shortening that pylon sign to what would be closer to a conforming ground sign. Typically we allow a 30 square fool sign, but certainly I'd like to see that occur. Let's see what else we have here. The landscaping that you have is curently a little bit above our requirement of 15 percent, but you do have quite a bit of grass area along your property both on Middlebell and on Schoolcratt. Would you be willing to spruce that up a little bit, maybe have some low shrubs or flower beds or anything along those lines as opposed tojust grass? Mr. Havener: We'd be more than happy to work with the City to come to terms on an amiable design for this site, yes, especially with the elimination of the island that we had out there. We realized that we'd have to come up with an adjustment to accommodate that landscaping, and with that, I'm sure we can work with the City on coming up with a decent plan. Mr. Wilshaw: That makes sense. This is an important corner to our city, Schoolcratt and Middlebell. There is redevelopment that is taking place south of you in the former Wal-Marl properly in a short period of time, and we appreciate your looking to redevelop and upgrade the look of your building. So we want to make sure that corner looks really nice. So I appreciate that. That's all I have at the moment. Thank you, Mr. Chair. Mr. Morrow: The gentleman mentioned a change in the site plan. Has the staff had the chance to review that change? Mr. Taormina: Are you referring to the elimination of the island? I know the area that you're tallang about. We can point to it on the plan. If you look right to the southeast of the building right off of January 22, 2008 24529 Middlebelt Road, it's that area right there. I agree with Mr. Wilshaw and with the applicant. The elimination of that small area in favor of two parking spaces, as well as some addifional street trees and plantings, really providing quality in exchange for the quantity in terms of the total area of landscaping, I think would be beneficial in this case. So we would look forward to working with the applicant to provide some full size street trees along Middlebell and SchoolcraR, as well as some planting beds, and then just eliminate the area where the flagpole is and put in a couple more parking spaces. Mr. Morrow: And lastly, should we change the dale of the site plan as part of our resolution? Mr. Taormina: What we will do is, whatever changes are made this evening and are reflected on a revised plan that will go to the Council, we will modify the resolution to reflect the date ofthat plan. Mr. Morrow: A site plan revised with today's date? Mr. Taormina: Yes, because I'm not sure we have anything more up-to-date than this one dated in November. And that's why you don't have something. Mr. Havener: I do have a full set of drawings here that shows the revision made to the set of drawings. We'd be more than happy to leave it with you this evening if that helps. Mr. Taormina: We will take a look at it and maybe we will just reference a new dale. Mr. Morrow: Okay. Mr. La Pine: In the meanfime while theyre getting that together, Mark, can I ask you a quesfion? They have 149 customer seats and they're not changing that, but the parking is still 12 spaces deficient. Is that corned? Mr. Taormina: Ten spaces with the change. Mr. LaPine: That's where my quesfion comes in. They had 149 seats, they have 25 employees. Now they're dropping that to 21 employees. So it's one seal per employee. They lose four more there. So in reality, they're going to be only 6 seats short. Am I right or am I wrong? Mr. Taormina: Are you talking about parking spaces? January 22, 2008 24530 Mr. LaPine: Yes, parking spaces. Mr. Taormina: No. In Scott's parking space analysis, and you'll see this on page 2 of his staff report, he does account for the reduction in employees from 2510 21. He has factored that into the count. He shows the deficiency at 14 spaces. I'm not sure if it goes from 1410 12 or from 1210 10. So it actually goes from 14 to 12 in terms of the deficient parking with the additional two spaces added this evening. Mr. LaPine: Okay. Mr. Taormina: Yes, we did account for the reduction in the number of employees. Mr. LaPine: The other question I have, are they tearing down the old building and building a new one because of business in that area or because the building has outlived its usefulness and throughout the country you're updating your stores? Mr. Havener: This has been one of our better locations company -wide. In order to maintain this site and be there for another 20 - 25 years, we feel its best to go ahead and replace the infrastructure, the piping which is deteriorating, and basically the other utilities within the building and area. If we did not do that and tried to maintain the existing building, basically we'd have an existing shell there with all new piping underneath the building. We feel that this is the better way to go for long term. Mr. LaPine: I don't want to discourage you. I'm glad you're doing R. I noticed going down south to Florida a number of modem stores. They really have been upgraded, really beautiful stores Thank you. You can go ahead and present what you're showing us here. Mr. Havener: This is the revised drawing. Again, the only change we made from the previous drawing is the elimination of the island here in the front, and we replaced it with two additional parking spaces. Other than that, like I said, we'd be more than happy to leave this set with you this evening. There really are no other changes to note other than that one. Mr. LaPine: Two other questions I have. There is no drive-thru at this location? Mr. Havener: No. January 22, 2008 24531 Mr. LaPine: Okay. Does Bob Evans have any drive-thrus throughout the country? Mr. Havener: No. Mr. LaPine: The second question I have is, 8 just slipped my mind so it couldn't have been very important. Mr. Morrow: Does that site plan have a dale on it? Mr. Havener: It has a date of November 7. It doesn't have a revision dale noted on it. If the staff would rather have us submit new drawings with a revised date, we can do that. Mr. Morrow: Thalis whalwe would prefer. Mr. LaPine: My senior citizen mind came back. Is this a 24-hour operation? Mr. Havener: No. Mr. LaPine: It is not. Mr. Havener: No. Mr. LaPine: What are the normal hours? Mr. Havener: 6:00 a.m. to 10:00 p.m. at night. Mr. LaPine: On Saturday and Sunday are you open later? Mr. Havener: Friday and Saturday until 11:00 p.m. Mr. LaPine: Okay. Thank you. Is there any other discussion by the commission? Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one come forward, a motion would be in order. On a motion by Morrow, seconded by Smiley, and unanimously adopted, it was #01-01-2008 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2007-11-08-18 submitted by Bob Evans Restaurant requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to demolish and reconstruct the restaurant at 13911 Middlebell Road, located on the west side of Middlebell Road between SchoolcraR Road and Bentley Avenue in the Southeast % of Section 23, be approved subject to the following conditions: January 22, 2008 24532 1. That the amended Site Plan marked C1 dated as revised, prepared by Mosure L.L.C., is hereby approved and shall be adhered to; 2. That the amended Landscape Plan marked Ll dated as revised prepared by Mosure L.L.C., is hereby approved and shall be adhered to; 3. That a row of large deciduous trees and other shrubs as selected from the Approved Tree Species/Suggested Plant Materials list as identified in Table 1 of Section 18.45(d) of the Zoning Ordinance, be planted along the Middlebelt Road and Schoolcraft Road right-of-ways that abut the subject properly, subject to the approval of the Planning Department; 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 Plans marked 42.0 and A-2.1 both dated November 7, 2007 prepared by Mosure L.L.C. are 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, mabrial and color to other exterior materials on the building; 9. 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 steel construction and maintained and when not in use closed at all times; January 22, 2008 24533 10. That the same brick used in the construction of the building shall screen the pre -finished walk-in cooler unit on all three (3)sides; 11. That this site shall meet the Wayne County Storm Water Management Ordinance and shall secure the necessary permits, including storm water management permits, wetlands permits and soil erosion and sedimentation control permits, from Wayne County, the City of Livonia, and/or the State of Michigan Department of Environmental Quality; 12. That all light fixtures shall not exceed twenty (20') feet in height and shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 13. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for deficient parking and any conditions related thereto; 14. That the two (2) proposed 45 square foot wall signs are approved with this petition, subject to the review and approval bythe Zoning Board of Appeals; 15. That the Petitioner shall give consideration to the removal of the existing non -conforming pylon sign, or in the alternative, a reduction to its height and area so as to reduce the degree of nonconformity, subject to the review of the City Council at the time ofsite plan approval; 16. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 17. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and, 18. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained this approval shall be null and void at the expiration of said period. Mr. LaPine: Is there any discussion? January 22, 2008 24534 Mr. Wilshaw: Just a question to Mr. Taormina. Condition #14 that refers to conforming signage being approved, does that preclude or exclude the ability of that pylon sign to remain or does that grandfather it in? Mr. Taormina: No. I think you would need to be specific as far as your intention with regards to the pylon sign. I would prefer cladficafion by identifying that Condifion #14 refer only to wall signage, and if there is any desire on the part of the Planning Commission to deal with the pylon sign, that it be handled under a separate conddion. Mr. Wilshaw: Okay. Based on that, I'm going to ask if the petitioner would be willing to consider the removal of the pylon sign as a condition. Mr. Morrow: I think he indicated he is willing to lake it under consideration, but I don't think we'll gel approval tonight. So I have no problem with that. Mr. Wilshaw: Okay. Mr. La Pine: Let me understand what you're saying, Mr. Morrow. You're saying you're going to remove the condition that the pylon sign has to be removed? Mr. Morrow: Ian, if I recall what you said, you would ask the petitioner to consider removing that pylon sign. Mr. Wilshaw: Yes, I did. Although I think if we're going to give an approving resolution to this to the City Council, it would behoove us to lel them know our intentions if we think that the pylon sign should stay or not. Mr. Morrow: That's the way I read it. In other words, it would be up to the City Council to find out the response to that question. Mr. Wilshaw: Okay. So you're leaving it to the City Council? Mr. Morrow: We would have to table it tonight because he said he would be willing to consider it but he couldn't give an approval on it tonight or a disapproval. Mr. Wilshaw: Okay. So we can just leave it without mention of the pylon sign. Mr. Morrow: I'd leave it in there but under consideration so he can respond at the Council level if they so choose. Is that all right? Mr. Wilshaw: That's fine by me. January 22, 2008 24535 Mr. LaPine: Mark, can we add something to that motion that we approved the pylon sign but the petitioner has indicated he would check with his corporate headquarters people, and that we would prefer that the pylon sign be removed and a ground sign be installed in lieu of the pylon sign if the petitioner so tells the Council their approval of the plan. Does that seem all right? Ms. Smiley: How do you say that? Mr. Taormina: I don't know. I'll have to fashion something to capture the intent of what you're saying. I understand what you're saying and it's not definitive obviously. You're saying in the event that it is determined by the Council that the sign can remain, then sobeit. Mr. La Pine: Right. Mr. Morrow: Because, Mr. Chairman, I'm assuming for lack of a better term, that sign is grandfathered in on a prior project. Mr. Taormina: It is. I think what you're trying to determine here is whether that would be a reasonable condition of approval - the removal of that and replace it with a conforming sign. In a number of instances, we have done that when it involves the complete demolition and reconstruction of a site similar to this. I dont find your request unreasonable, but I also recognize what you're doing here. You're trying to compromise. Mr. LaPine: I just want something in the motion to let the Council know that we prefer that we get a small sign rather than the pylon sign. Mr. Morrow: I think that was where he was coming from. Mr. LaPine: I agree, but I just want to make sure the Council reads that and realizes what our intention was. Okay. That's fine. If everybody is happy, I'm happy. Mr. LaPine, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. January 22, 2008 24536 ITEM #2 PETITION 200741-0849 WINE PALACE Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2007- 11-08-19 submitted by Elchen Gumma Limited, on behalf of The Wine Palace, requesting approval of all plans required by Section 18.47 of the Zoning Ordinance in connection with a proposal to renovate the exterior of the commercial building located at 13971 Middlebelt Road, on property located on the west side of Middlebelt Road between SchoolcraR Road and Bentley Avenue in the Southeast''/. of Section 23. Mr. Miller: The petitioner is requesting approval to remodel the exterior of the commercial building located on the west side of Middlebelt Road between SchoolcmR Road and Bentley Avenue. The subject site is zoned C-1, Local Business. The existing building is divided into two units and has a gross floor area of 7,541 square feel. This building is occupied by The Wine Palace party store, which occupies 4,752 square feel and a computer store known as Computerize, which occupies 2,789 square feet. The primary focal change to the exterior would take place to the east elevation of the building. The east elevation is the front facade and faces Middlebelt Road. An extensive arched parapet porch overhang would be created over the building's storefront. The new facade would mask the entire front elevation and project out from the building approximately five feel. Four brick columns would support the overhang. Noted on the plans, the new facade would be constructed out of a combination of synthetic plaster system (E.I.F.S.) and thin brick. The petitioner has been advised of the City's strong policy against thin brick. The petitioner adamantly believes that he can convince the Planning Commission and City Council that the thin brick of today is more durable than the thin material of the past. Decorative crown molding would outline the rounded lop edge of the canopy's roofline. The new front facade would have a maximum height, measured from the finished grade to the lop of the roofline, of approximately 29 feet 7 inches. Elements of the new front facade would also be continued around to the front section of both the south and north elevations. The front 18 feel of both sides of the building would have brick columns, E.I.F.S. components, crown moldings and fabric awnings. The rest of the south and north elevations and all of the west elevation would be 'painted to match new thin brick veneer'. The plans indicate that a number of floodlights would be installed on the lop edge of the new front facade and along the roofline of the rest of the building. By virtue of the G7 zoning, this building is permitted one wall sign for each unit based on the lineal footage of that unit's frontage. They would be allowed two wall signs, January 22, 2008 24537 one for The Wine Palace not to exceed 40 square feel and one for the computer store, not to exceed 23 square feet. Mr. La Pine: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated December 14, 2007, which reads as follows: "Pursuant to with your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal contain therein. The above address numbers of 13971 and 13973 Middlebelt Road have been verified for this subject site. There appears to be no problems with points of ingress or egress or traffic flow." The letter is signed by John P. Hill, Assistant City Engineer. The second letter is from the Livoria Fire & Rescue Division, dated December 4, 2007, which reads as follows: "This office has reviewed the site plans submitted in connection with a request to remodel the exterior of the building 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 December 7, 2007, which reads as follows: "This office has reviewed the plans in connection with line Palace Exterior Remodel, located at 13971 MiddlebeH. 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 January 4, 2008, which reads as follows: "Pursuant to your request of November 30, 2007, the above -referenced petition has been reviewed. The following is noted. (1) The petitioner shows a thin brick veneer to be used on columns and facade. The Commission and/or Council may wish to clarify this proposal. (2) No signage has been reviewed. However, the existing non -conforming pylon sign would be allowed to be refaced. The Commission and/or Council may wish to review the pylon sign. (3) Two barrier free parking spaces are required with at least one of the accessible parking spaces required to be designated as van accessible. All barrier free spaces must be property located, sized, signed and striped. All parking spaces are to be double striped. 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. La Pine: Are there any questions from the Commissioners for the staff? Hearing none, is the petitioner here this evening? January 22, 2008 24538 Edward Elchen, Etchen Gumma Limited, 24300 Southfield Road, Suite 308, Southfield, Michigan 48075. I'm the architect of record for this project. My firm prepared the drawings you have in your packet tonight that you've reviewed. I'd like to recall that on January 8 we did meet with the Planning Commission in it's study meeting, and at that time our purpose in coming there was to try to help the Planning Commission become more familiar and more comfortable with the idea of using the thin brick material that we were proposing for this project. Relative to that discussion, I think we concluded the meeting with a request from the Planning Commission that the Planning staff would review this with the Building Department. I did talk with Mark Taormina following that meeting after he had the opportunity to discuss that with the building official. My understanding of what Mark conveyed to me was that that gentleman was comfortable with the idea of using thin brick material as a second story application, but he would prefer to use the full brick at grade level. Relative to that, we revised our drawings for this meeting tonight and resubmitted them to Scott Miller a week or so ago. They should be in your packet tonight. In that revision, we used a full face four inch brick for all the columns and any of the brick that would be at a grade level. So those columns would go up to the second story, and at that point, we are proposing to use the thin brick material. At that Iasi meeting, I had Mike Yeller with me from Williams Panel Brick and he is here with me this evening. He's brought a better model mockup of what this thin brick material is and he has that with him tonight. I'd like you to take a look at that to help you make your decision. Also, the owner is here this evening for any questions that you might want to address to him. Other than that, I'm available for your questions. Mr. LaPine: Thank you. Let's have Mr. Williams show us the brick. It looks like four -inch brick from here. Michael Yetter, Ambrico, a Division of Williams Panel Brick, Inc., 12900 Richfield Court, Livonia, Michigan 48150. That's why I set it that way. Mr. LaPine: Because it's so thick looking. Mr. Yetter: We're the manufacturer of this system, which is our easy wall system. Ms. Smiley: He has to be over here on the steps. Mr. LaPine: Would you come over here please? January 22, 2008 24539 Mr. Yeller: Sure. This is our easy wall system. The system has been in existence for approximately 20 years. What the elements are is that it originally starts with sheeting that is attached to the framing members. Then there is felt paper that goes on or any type of vapor banner, Tyvek, what have you. The metal panel system is attached to the framing members. The panel system has a pull strength of approximately 350 pounds per square inch. The brick is attached with an adhesive. The adhesive has a tinsel strength of about 560 PSI, and then the brick is grouted. What you end up with is, for all intents and purposes, a full masonry look without the heavy weight. This system only weighs about seven pounds per square fool. It's passed about 10 different ASTM tests, anything from water, adhesive testing, impact testing. So it's something that's been tried and tme. It's used in Ford Field, Comerica Park. It's all over the city. Are there any other questions? Mr. LaPine: The question was asked at our study session. Have you used this type of operation on any building in Livonia at this time? Mr. Yeller: This system has not been used in Livonia. Mr. LaPine: Okay. This will be the first one. Mr. Yeller: Yes. Mr. LaPine: Okay. Fine. Are there any questions from the commissioners? Ms. Vartoogian: Why is this the ideal choice for this building instead of the full face four inch brick? Why do you want to use this product? Mr. Yelter: The architect is specifying this primarily because of the weight. In order to carry that much weight over the top of the structure, he'd have to redo his entire design and beef it up tremendously. I think the number was somewhere around $50,000 in additional costs to the owner in order to be able to carry out the same look of full masonry. Mr. Elchen: To have the same look to accomplish the same thing. Ms. Vartoogian: Are there any other types of product that are similarly light in weight but not thin brick? Mr. Elchen: Yes, there is. There is E.I.F.S. That's a dryvit material. Ms. Smiley: You have to go back to the microphone. January 22, 2008 24540 Mr. Etchen: I guess if I were picking between the two, I would pick the thin brick material which will out perform and lasts longer than E.I.F.S. Yet, the E.I.F.S. material was accepted widely in Livonia and throughout the nation. Ms. Varloogian: Okay. Thank you. Mr. Morrow: If I'm following you correctly, what you're saying is than you could just as well put E.I.F.S. there in lieu of the brick and it would be no problem. Mr. Etchen: You're going to have a better product with the thin brick that you will with the E.I.F.S. I think Mike spoke to this the last time that we were at the study meeting. He mentioned some facts where they have web sites where people can go to with complaints and such, and I'm going to lel him address that. Mr. Yelter: Well, not so much to bash E.I.F.S., but the E.I.F.S. warranty system is normally 10 to 12 years. Our system is 20 years. If you look at any E.I.F.S. site, in order to maintain warranties, their maintenance schedule is just as rigorous, if not more so, than what you need for a thin brick system. From a drainage perspective, there is drainable E.I.F.S. of course and then there is non -drainable. This system is designed, the ASTM 331 lest where they run a four -inch rain over five hours at 62 miles an hour. No moisture gets back behind the system. It's been used in cold weather. So from a freeze/thaw perspective, the product outperforms E.I.F.S. and gives you the look of masonry. An E.I.F.S. town is great in Miami, but I don't know how nice it is here in Livonia. Mr. Morrow: Where were those two buildings you mentioned in your presentation that have just recently been constructed out of this system? Mr. Yelter: There's several. Partridge Creek, which is the mall over in Sterling Heights, the new one that just opened up on the Taubman property. This system is on Comerica Park and all the fronts of all the suits in Comerica Park. The Village of Rochester Hills uses this system. We've completed projects really all across the county. I ship this product all over the country. I ship it to Japan. I ship it to England. Mr. Morrow : Well, it sounds like somebody feels it will work. Thank you. Mr. Wilshaw: I'd like to just kind of review all the building materials here so I understand exactly what we're getting. The top part of the overhang is what we're talking about with this thin brick material. January 22, 2008 24541 That's essenlially the elevated section here. All the lower floor, the first floor, around the windows, the columns, would all be full masonry? Mr. Etchen: The columns are new so theyre going to be a full brick masonry material. The building itself that's back from this overhang is a fluted block. What our idea here is to paint that block to match the color of the brick. So the building itself is going to be painted, and this overhang is going to be the new materials. Mr. Wilshaw: Okay, and then the same with the sides of the building are going to be the fluted block? Mr. Etchen: Painted fluted block. Mr. Wilshaw: Okay. Mr. Etchen: There's also a screen wall in the back at the residential properly line and there's a dumpster enclosure that's fluted block. Its a natural color right now. All that is intended to be painted to match the brick. Mr. Wilshaw: Okay. So the extent of brick that I'm going to see on the building is the top sign area is going to be the thin brick and then the column areas are going to be full masonry, four inch brick. Mr. Etchen: Correct. The impression that you're going to gel when you go by it without stopping and studying it, you're going to get the impression it's a brick building. Mr. Wilshaw: Okay. That's the extent of my questions for now. Thank you. Mr. LaPine: Are there any other questions? I have one. There is fluted block on the building now. Is that right? Mr. Etchen: You're saying the existing building is fluted block. Yes. Mr. LaPine: Okay. Now, is that fluted block painted at the present time? Mr. Etchen: I think its just a natural. Mr. LaPine: That's that I thought. That brings me to my next question. When you paint that, how long will the paint last? Is that something you will have to paint every two to three years or is that something that will be as long as this thin brick is on there? January 22, 2008 24542 Mr. Etchen: You know, paint has a life to it, how long it's going to last before it needs to be painted again. There's two ways to approach it. You could use a stain. If this is a natural block right now, it would take a stain, which wouldn't peel like you're talking about with the paint. Mr. LaPine: That's what I'm worried about. Mr. Etchen: Yes. We could do that. Mr. LaPine: I've seen some of these buildings that have been painted. In a few years, they start to peel and unless the owner of the building gets out there, it looks not very nice. Let's put d that way. Mr. Elchen: That's the important thing here. The owner is silting right over here and he loves his building and he loves malting money in that store and he likes presenting himself in the best light to the public. So he is going to maintain that building and keep it looking good all the time. Mr. LaPine: Because no doubt about it. I've been in his store. He runs a good operation. I'm just curious. I want to know how @'s going to look. Is there any other discussion? Ms. Smiley: I had a question about the pylon sign. What's our feeling about that. Is that up or down? Mr. Etchen: Are you asking me, ma'am? Ms. Smiley: Yes. Mr. Etchen: We're going to leave the pylon sign. Ms. Smiley: You want to leave that? You wouldn't think about laking it down? Mr. Elchen: We can't even think about it. Ms. Smiley: Okay. Ms. Varloogian: I just have one other question. This new arch feature, overhang, that you're putting on the building. It seems to me that would be an ideal place for a sign; however, in that drawing, it appears you're going to have two separate signs and nothing on that arch. January 22, 2008 24543 Mr. Etchen: Well, lel me speak to that. Actually, there is a sign right here which you're not seeing. It's like red and the brick is kind of reddish brown. So it's kind of disappearing, especially from where you're at. The other thing is, we put these two signs here because that's what is there right now. This was brought up at your study meeting, and what I said was, this doesn't necessarily represent the signage that he's going to put there. Everybody recognizes that we big sign, like you pointed out, would be the ideal thing to do here. I don't know how he can do that, but he's going to work with his sign contractor to present something to the city, and then that's going to be evaluated as meeting the ordinance, and then they would move forward with that. Ms. Varloogian: Okay. Thank you. Mr. Taormina: A couple of things. I agree with your suggestion about the stain. I think the slain would be preferred over paint. I'm curious, though. It sounds like you're going to try to match the colors. My question is: how close of a stain can you gel to match the brick? And also, will the full -face brick match the panel brick, or is there going to be an obvious contrast between the two? I know you've got this dividing band with the E.I.F.S. and that will probably serve to separate any difference there might be in the color. Mr. Yetter: The manufacturer, which is Glengarry, manufacturers full brick and thin brick out of the same plant. So its indistinguishable. You'd never know the difference. Mr. Taormina: Great. And then the second question is with respect to the existing canopy as it wraps around the side of the building. It would appear that is going to be completely removed from the building. Mr. Etchen: Yes. The canopy is going to be removed. Mr. Taormina: So all thatgets pulled out? Mr. Etchen: The two existing canopies are going to be removed in their entirely. And the round one is going to be rebuilt here. Mr. Taormina: Okay. On the flood lights, yodre going to be placing those much higher on the building. This facade is going to be higher than what exists today, so we have some concern relative to how those lights are directed to the parking lot and not onto the adjoining roadways. I just want to offer caution there. And then lastly, while you may not be willing to think about removing the January 22, 2008 24544 pylon sign, I would hope that you would consider adding some trees along Middlebell Road as we're going to have that done on the site to the south of you. You just heard the discussion there. We're going to have trees added along the Lowe's property. It would be nice to continue that theme of street trees along Middlebell Road. Also, the dumpster in the back of the building needs to be screened. Right now, I don't think there's a gale on the enclosure. The dumpster has a containment area, but it needs to be fixed up and there needs to be a set of doors put there. Those are just my comments and suggestions, Mr. Chairman. Mr. La Pine: I'm glad you gave me those suggestions. Very good. Any other discussion? Ms. Smiley: I feel very strongly about the landscaping in light of the fact that we're not doing anything about the pylon sign. Mr. Elchen: When Mr. Taormina was bringing up the point about the trees, the owner here in the audience was shaking his head yes. So I think that means he's in agreement with you. Ms. Smiley: Thank you very much. Mr. Wilshaw: I know you dont want to think about this pylon sign, but that's why I'm here, to think about it for you. I'd like to explore it a little bit in a sense of, can you give me a clear and convincing argument as to why that pylon sign needs to stay there when other pylon signs in the city have been removed and these businesses have not suffered as a result of that. The owner sounds like he's going to answer that, which is great. Would you please give us your name? Kelly Denha: I am the owner. The pylon sign is, for us small business people, @'s a big reason why people slop by my store. And the reason I'm doing the facelift is that we have so much traffic on Middlebell and a lot of people when they come in my store one time, we have a 'Wow" factor. It's not a party store. I get a little insulted by that. It's not a party store. We don't carry party store items. We wantthe'Wow" factor to be on the outside also. There's a lot of people who will slop by just because of this. The pylon sign is a big help for my business. We don't have an advertising budget that the big stores, the Meijer's and the Coslcos, and I feel since I've been there over 25 years and its been grandfathered in, I feel it's a big help to me. Now, if I was building a big brand new store, I would abide by the ordinance, of course, and put it lower down, but I would appreciate it if you would let me keep the sign. January 22, 2008 24545 Mr. Wilshaw: That's an interesting argument. Thank you. You dont think that a 30 square foot monument sign, just lowering that sign essentially down to the ground, would not still allow people who are driving to see that sign and see your store? Mr. Denha: You know, I take sometimes the freeway. If you stop at Schoolcreft, I slop there and I look at my building all the time. Most people don't. You see the sign and that helps me a tremendous lot. And I notice a lot of people, especially at night, notice it, and our store sometimes looks a little darker at night. We don't slay open Tale. We close at 10:00 p.m. Most liquor stores slay open a lot later than that. So we want as much business as we can gel from 8:00 p.m. to 10:00 p.m. when it gels dark. We think that helps us so we dont have to slay until 2: OO a.m. in the morning. We don't want to do that. Mr. Wilshaw: Is that sign going to be upgraded as part of this process or is it going to remain as it is? Mr. Denha: I was listening to what you were talking about Bob Evans. As you're aware, we're right next door to Bob Evans. So it's going to be really exciting because of the new Lowe's that's coming. We're really excited about that. We dont want to see an empty building. The Bob Evans will be brand new. Us, we consider ourselves as going to be new. We're contemplating, and I will talk to Ed, that maybe we can do something to make it a little bit nicer. I wish I could mise it a couple inches because we've had about five trucks hit the sign, and every time I've had their insurance company lake care of it because we caught them in time. But if we could maybe mise it two or three inches and maybe put a new pole, I have no problem with that. But lowering it, I have a problem. Please, I need that sign. Mr. Wilshaw: I've given my opinion. I'd like to see a truck lake your sign down completely, no offense. Mr. Denha: Well, ifyou wantto payfor d, that's fine. Ms. Smiley: I want to thank you about the landscaping. Mr. Denha: Ohl That's no problem. I can't lel Bob Evans look better than me. Ms. Smiley: Absolutely. Mr. Denha: We have to all look good together. Maybe we could do something about that Chi Chi's across the street. January 22, 2008 24546 Ms. Smiley: I'm all for that. Mr. Denha: I'm talking to Mark about it. Mr. Morrow: Just a comment. We're always pleased to see business people upgrade their sites periodically to keep the city looking fresh and new, and you mentioned the other two things that are being developed, so this is a nice step in that particular area. Mr. Denha: One thing I was listening, the E.I.F.S. question. A lot of my friends that have stores have done very cheaply and done the E.I.F.S. and it works. It looks nice. They gel the visibility but it is really a cheap look. I could have done that. This is more expensive. As a matter of fad, this panel brick cost, Ed, doesn't 8 costs more than the actual brick itself, but the weight is the main reason we did that. So that's why we compromised to get the columns, but it looks very nice. I look pictures of buildings that I saw in Royal Oak and Birmingham, and I said, Ed, this is what I want. Ed did exactly what I wanted. There was a Bombay store on Woodward that we noticed that I loved. I loved the look and this is exactly that look. That's what I wanted. I wanted to set it apart from other stores. Mr. Morrow: That's what I got from this presentation, that you're using this thin brick, as we call it, in lieu of cheaper E.I.F.S. material, painted whatever color. Anyways, thank you very much. Mr. La Pine: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one come forward, a motion would be in order. On a motion by Smiley, seconded by Wilshaw, and unanimously adopted, it was #01-02-2008 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2007-11-08-19 submitted by Elchen Gumma Limited, on behalf of The Wine Palace, requesting approval of all plans required by Section 18.47 of the Zoning Ordinance in connection with a proposal to renovate the exterior of the commercial building located at 13971 Middlebell Road, on properly located on the west side of Middlebelt Road between Schoolcratt Road and Bentley Avenue in the Southeast % of Section 23, be approved subject to the following conditions: 1. That the Site Plan marked Sheet Al dated January 11, 2008, as revised, prepared by Etchen Gumma Limited, is hereby approved and shall be adhered to; January 22, 2008 24547 2. That the Exterior Building Elevation Plan marked Sheet A-3 dated January 11, 2008, as revised, prepared by Elchen Gumma Limited, is hereby approved and shall be adhered to, provided that slain be used in lieu of paint to change the color of the existing fluted block on the exterior of the building, the dumpsler enclosure, and the screening wall along the west property line; 3. That the brick used in the construction of the support columns shall be full face four (4") inch brick; 4. That any pole -mounted light tklures shall not exceed a height of twenty (20') feel, and all lighting, including the proposed building -mounted fixtures, shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; 5. That the petitioner shall correct to the Inspection Department's satisfaction Item #3 with respect to the barrier free parking spaces as outlined in the correspondence dated January 4, 2008; 6. That only conforming wall signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 7. That no LED Iightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 8. The Petitioner shall plant and maintain large deciduous trees and other shrubs as selected from the Approved Tree Species/Suggested Plant Materials list identified in Table 1 of Section 18.45(d) of the Zoning Ordinance, which trees and shrubs shall be planted along the Middlebell Road frontage abutting the subject property, subject to the approval of the Planning Department; 9. That steel gates be installed on the existing dumpsler enclosure; 10. 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, January 22, 2008 24548 11. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the date of approval by City Council, and unless a building permit is obtained this approval shall be null and void at the expiration of said period. Mr. La Pine: Is there any discussion? Mrs. McDermott: Don't we need to add something about the landscaping, and then, also, Mark had mentioned preferring the stain over the paint. Mr. La Pine: Is there any objection to that change, Ms. Smiley? Is there anything else? Mr. Morrow: I'd like to get some clarification on the light fixtures. Do we have lightfixtures in the parking lot as part of the site? Mr. Miller: I don't believe there are any in the parking lot. Mr. Etchen: Right now, there are light fixtures mounted on the building. We are taking those same light fixtures and mounting them on top of the new construction to aim down into the parking lot to illuminate the parking area. Mr. Morrow: Is that higher than 20 feet? Mr. Taormina: If we could modify that condition to read that all building mounted light fixtures be aimed and shielded so as to minimize light trespassing, and then we can say any pre -standing light poles shall exceed the height of 20 feet. Mr. Morrow: That was my concern. The light fixtures on the building, which I share the same concern that Mark had. They are used for site lighting and not to be trespassing anywhere else. Ms. Smiley: Mark, could you repeat that? Mr. Taormina: That all building mounted light fixtures be aimed and shielded so as to minimize stray light trespassing property lines and glaring onto the adjacent roadway. Ms. Smiley: Okay. Mr. Taormina: Then we can also add that any pole -mounted fixtures shall not exceed a total height of 20 feel. That will give them the option, if they determine its not appropriate or practical to put those January 22, 2008 24549 lights back on the building, to go with pole mounted fixtures. Then they will have that restriction on the height. Ms. Smiley: Okay. Then how do we word the landscaping. Do they have to come back with a landscape plan? Mr. Taormina: No. I think we will work with the petitioner separately on that to add trees and landscaping along the frontage. Ms. Smiley: Okay. Good. Then they won't have to come back. Mr. La Pine: Do you have any objection to what Mark said, Ian? Mr. Wilshaw: No. Mr. La Pine: Do you have any objection, Ms. Smiley? Ms. Smiley: No. Mr. La Pine: Is there any other discussion? I would just like to say one thing. I'm going to approve this. I've never been a great admirer of this thin brick. I've seen it on the Wonderland Shopping Center. When they started tearing it down, it was all crumbly and everything else. But the one thing in your favor is its going onto a small area. It gives us an opportunity here in Livonia to watch this and see how it operates. If anybody else comes in the future, this may be a spot for us to look at and say, it's been here for 10 years, 15 years and it's worked out fine. The one thing I don't really like about it, it only has a 20 year life span warranty. If it was real brick, there are places in Livonia that have real brick and its been up there for 50, 75, 100 years. Times change. Materials change. Ten years ago when Williams Panel Brick came in and made their pitch, we weren't loo enthused about it because it was on plastic board. But times change and we have to change with the limes and material change. Therefore, I hope it's successful, and I'm looking forward to you having a successful business there. Thank you. We will have a roll call vole. Mr. La Pine, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. January 22, 2008 245W ITEM #3 PETITION 200741-SN-08 TACO BELL SIGNAGE Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2007- 11SN-08 submitted by Taco Bell requesting signage approval for the new restaurant at 33193 Eight Mile Road, located on the south side of Eight Mile Road between Farmington Road and Shadyside Road in the Northwest''/. of Section 3 Mr. Miller: On September 12, 2007, Taco Bell received waiver use approval (CR #445-07) to construct and operate a full service restaurant on properly located on the south side of Eight Mile Road between Farmington Road and Shadyside Road. As part of the approving resolution it was conditioned: That the proposed signage shall be separately submitted for review and approval to the Planning Commission and City Council. This restaurant is part of the Eight Mile Place development. Eight Mile Place is a developing retail complex, which would also contain a Walgreens Pharmacy, a multi-tenant retail strip center and a Tim Horton's Restaurant. The subject site is zoned G2, General Business. By virtue of the C-2 zoning, this restaurant is permitted one wall sign based on the lineal footage of the building frontage and a low-profile ground sign. Taco Bell is requesting approval for a conforming wall sign and a conforming ground sign. The proposed wall sign would be located on the north elevation over the restaurant's main entrance and would face Eight Mile Road. The proposed monument type ground sign would be located out front along the restaurant's Eight Mile Road frontage. They are permitted one wall sign not to exceed 35 square feet; they are proposing a sign at 32 square feel on the north elevation. They are also allowed one ground sign at 30 square feel and 6 feel in height; they are proposing a ground sign at 30 square feel to be setback 10 feel from Eight Mile Road. Both signs are conforming and both signs would be internally illuminated. Mr. LaPine: Is there any correspondence? Mr. Taormina: There is one item of correspondence from the Inspection Department, dated January 4, 2008, which reads as follows: "Pursuant to your request of November 7, 2007, the above- referenced petition has been reviewed. The following is noted. The menu board as presented on page SD of the plans is shown with an area of approximately 44 square feet where only 30 square feet is permitted. Zoning Board of Appeals approval would be required for excess square footage. This Department has no further objections to this petition." The letter is signed by January 22, 2008 24551 Jerome Hanna, Senior Building Inspector. That is the extent of the correspondence. Mr. LaPine: Is the petitioner here this evening? Jason Wallace, Desine Inc., 2183 Pless Drive, Brighton, Michigan 48114. I'm representing Taco Bell. Mr. LaPine: Do you have anything to add to Mr. Miller's presentation? Mr. Wallace: I think they've done an excellent job summarizing our request here. As mentioned, we are requesting approval of the signs. We do intend to make an application for a variance on the menu board. Essentially, the menu board we've proposed is the corporate standard for Taco Bell. It has been used in other communities and is typically used. What they have done is attempted to create a sign that incorporates all of the temporary uses, temporary specials, and those sorts of things. Typically, what they found, Taco Bell, as well as the other drive-lhru competitors, they'll put extensions frequently on the menu board to advertise a particular special they are running. What Taco Bell has recently done has come out with this new corporate menu board to accommodate all those things with a much cleaner look than having appendages all over the sign. So we will pursue that with the Zoning Board of Appeals. Mr. LaPine: Are there any questions from the Commissioners? Mrs. McDermott: I'm just curious. Do we know what size the menu board is at ... well, there's two other locations for Taco Bell. There's the Merriman and Plymouth Road location. That would be the newer building. Mr. Wallace: I dont have those for you this time, but we will gel those to the Zoning Board of Appeals. Mrs. McDermott: Then I'm assuming at Middlebell and Five Mile, since that's an older builder, it has a smaller menu board. Mr. Wallace: I'm not sure. We'll have to look at all that, and we will provide all that. Mr. Morrow: Just a comment. It's not too often we have the opportunity to see a petitioner bring in their signage at less square footage than they're allowed. So we really have nothing to fight about. Mr. LaPine: No pylon sign here? Any other discussion? I don't see anyone in the audience. A motion would be in order. January 22, 2008 24552 On a motion by Varloogian, seconded by Wilshaw, and rnanimously adopted, 8 was #01-03-2008 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2007 -11 -SN -08 submitted by Taco Bell requesting signage approval for the new restaurant at 33193 Eight Mile Road, located on the south side of Eight Mile Road between Farmington Road and Shadyside Road in the Northwest I/ of Section 3, be approved subject to the following conditions: 1. That the Sign Package submitted by Taco Bell, as received by the Planning Commission on November 7, 2007, is hereby approved and shall be adhered to, subject to Zoning Board of Appeals approval for excess sign area as it relates to the proposed 44 square fool menu board; 2. That the signage shall not be illuminated beyond one (1) hour ater this business closes; 3. That no LED lighlband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; and 4. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for. Mr. La Pine: Is there any discussion? Mr. Taormina: With respect to the menu board, we've heard this evening that he intends to seek a variance. What does the Commission want to do? Mr. Wilshaw: I think we should strike that Item #4 if the petitioner is going to go to the Zoning Board with a larger menu board. Mr. Taormina: What we will do with Item #1, we will say, subject to approval of the Zoning Board of Appeals for excess sign area for the menu board as proposed. Ms. Varloogian: Okay. Mr. La Pine: Ashley, do you have any objection? Who seconded that? Mr. Wilshaw: That's fine. I just want to make a quick comment that in my quest to remove all pylon signs in the city, I haven't had a lot of January 22, 2008 24553 luck here today, and I'm glad to see that Taco Bell is coming forward with essentially a conforming sign package. As Mr. Morrow mentioned, it's not often that we do see that, and it's good to see and I think the slightly oversized menu board is certainly acceptable considering the reduced signage that you have on the property. Thank you. Mr. LaPine, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. W1,743 l9 =k I Y Y[•]: 111141DY95 PZA, 1111!�J921=1:7A.1 1Aw, Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2007- 12SN-09 submitted by Panera Bread requesting approval for wall signage for the new restaurant at 20140 Haggerty Road, located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road in the Northwest''/. of Section 6. Mr. Miller: On February 14, 2007, Panera Bread received waiver use approval (CR #52-07) to construct and operate a full service restaurant on property located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road. As part of the approving resolution it was conditioned: That no signs, either freestanding or wall mounted, are approved with this petition. All such signage shall be separately submitted for review and approval to the Planning Commission and City Council. This restaurant is part of the Chestnut Hills development, which presently contains a Target store, a Costco store and a medical facility known as the University of Michigan Center for Specially Care. In addition, a T.G.I. Friday's was recently granted waiver use approval (CR #51-07) to construct a restaurant within this development on an adjoining site to the south. The subject site is zoned G2, General Business. By virtue of the C-2 zoning, this restaurant is permitted one wall sign based on the lineal footage of the building frontage and a low -profile ground sign. They are permitted one wall sign not to exceed 85 square feel and one ground sign at 30 square feet. Panera Bread is requesting approval for two wall signs at a total of 88 square feel. One of the proposed signs would be located on the west elevation over the restaurant's main entrance and would face Haggerty Road and would be 37 square feel in sign area. The second proposed wall sign would be positioned on the east elevation of the building and would be visible from the 1- 275/96 Expressway. This sign would be 51 square feel in sign area. Both signs would be internally illuminated. They are not January 22, 2008 24554 proposing a ground sign at this time. Because the proposed signage is in excess of what is allowed by the Sign Ordinance, a variance from the Zoning Board of Appeals would be required. Mr. LaPine: Is there any correspondence? Mr. Taormina: There is one item of correspondence from the Inspection Department, dated January 2, 2008, which reads as follows: "Pursuant to your request of December 13, 2007, the above- referenced petition has been reviewed. The following is noted. (1) This site would be allowed one wall sign at approximately 85 square feet on their main frontage. Any additional wall signs or square footage would require a zoning grant from the Zoning Board of Appeals. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Director of Inspection. That is the extent of the correspondence. Mr. LaPine: Are there any questions for the staff? I just have one question. I happen to be somewhere this evening where Frank Jonna was, and he was teling me he would be coming in the next couple weeks fora ground sign al this location. Is that correct? Mr. Miller: Yes. Mr. LaPine: Would that be a combination for both the T.G.I. Fridays and Panera? Mr. Miller: Yes, the ground sign that they are proposing have both restaurants on it. Mr. LaPine: Would each building be allowed a ground sign? Mr. Miller: Yes, because they are separate properties. Mr. LaPine: But he isn't proposing to do that. Mr. Miller: No, he is proposing one ground sign for both. Mr. LaPine: Is there any other discussion? Is there anyone in the audience that would like to speak? Patrick Turek, Panera Bread, 1600 S. Brentwood Blvd., #300, Saint Louis, MO 63144. I'm the development project manager with Panera. I think there are just a few clarifications, and this may be our mistake. We were under the impression that there was 87 lineal feel on the front of the building, so that's why we were close to the 87 square feel for total square footage. Our intent was to essentially understand the spin( of what we're going for and split January 22, 2008 24555 that difference between the two signs. Also, we recognize, and this was kind of under a lot of discussion within our group, on where we would want that second sign to go. What would be considered the back of the building facing the highway or on the side of the building and because of the T.G.I. Fridays, we found it's pretty obvious. Just today I was looking at it from a bunch of different angles. T.G.I. Fridays is clearly going to block that sign as soon as we're up unless you're right up on the building. Actually coming out of Target, you'll see the back of our building and that's why we wanted to place that 50 square fool sign plus or minus on the back side of that. So that kind of gives the logic behind that. Again, also with the spirit of the thing, it's a lit sign from like a light band rather than channel letters or anything, again trying to keep the spirit of what we've seen throughout Livonia. Mr. LaPine: Thank you. Is there any discussion? Mr. Wilshaw: I was going to ask about that. Typically, a lot of the signs we see in the city are illuminated internally and yours is not. It's illuminated by a florescent light overhead. Is there a particular reason you went with that motif? Mr. Turek: That's actually a Panera standard. We've kind of grown into that and, again, honesty, we think that it looks better, classier. It gives a wall wash around the sign as well, and again, it's not just one Panem Bread kind of shooting at you. It's kind of giving you the store and the presentation, which is again important to us on the outside as well as the inside. Mr. Wilshaw: So from the discussion you had at the beginning of your presentaton, are you looking to change the size of the signs to conform with the square footage allowance? Mr. Turek: I guess I'm willing to double check to make sure we are in agreement on what the exact square footage should be. Mr. Miller: Basically what happened, when he came in, we discussed it and he said he was going to do the 87 square feet, but when we got the Inspecton letter, I took their measurements because I did not have a site plan. I know it is his intenton to conform to the square footage, so I didn't think it was that big of a deal, two to three square feet. He could come down either way. He's going to have to prove that the building is 87 feel or whatever he thinks it is to the Inspection Department. Either way, they have to go to the Zoning Board because of the second sign. At that lime, he could clear it up with them. January 22, 2008 24556 Mr. Wilshaw: Okay. That sounds fair enough. Thank you. Mr. LaPine: Is there any further discussion? Hearing none, a motion would be in order. On a motion by Wilshaw, seconded by Morrow, and unanimously adopted, it was #01-04-2008 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2007 -12 -SN -09 submitted by Panera Bread requesting approval for wall signage for the new restaurant at 20140 Haggerty Road, located on the east side of Haggerty Road between Seven Mile Road and Eight Mile Road in the Northwest''/. of Section 6, be approved subject to the following conditions: 1. That the Sign Package submitted by Panera Bread, as received by the Planning Commission on December 12, 2007, is hereby approved and shall be adhered to; 2. That the signage shall not be illuminated beyond one (1) hour after this business closes; 3. That no LED lighlband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 4. That this approval is subject to the petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto; and, 5. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the sign permits are applied for. Mr. LaPine: Is there any discussion on the motion? Hearing none, a roll call vote please. Mr. LaPine, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. January 22, 2008 24557 ITEM#5 APPROVAL OF MINUTES 955TM Public Hearings and Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 955"' Public Hearings and Regular Meeting held on December 11, 2007. On a motion by Wilshaw, seconded by Morrow, and unanimously adopted, it was #01-05-2008 RESOLVED, that the Minutes of 955" Public Hearings and Regular Meeting held by the Planning Commission on December 11, 2007, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Wilshaw, Morrow, McDermott, Varloogian, Smiley NAYS: None ABSENT: Walsh ABSTAIN: None Mr. LaPine, Acting Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. On a motion duly made, seconded and unanimously adopted, the 956" Regular Meeting held on January 22, 2008, was adjouned at 8:25 p.m. CITY PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: William LaPine, Vice Chairman