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HomeMy WebLinkAboutPLANNING MINUTES 2009-06-02MINUTES OF THE 982 No PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, June 2, 2009, the City Planning Commission of the City of Livonia held its 982"d Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. Lee Morrow, Chairman, called the meeting to order at 7:00 p.m. Members present: R. Lee Morrow Lynda Scheel Ashley Vartoogian Carol A. Smiley Joe Taylor Ian Wilshaw Members absent: Deborah McDermott Messrs. Mark Taormina, Planning Director; At Nowak, Planner IV; and Ms. Margie Watson, Program Supervisor; were also present. Chairman Morrow informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in tum, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2009-04-02-07 VALVOLINE OIL Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2009-04- 02-07 submitted by BJKL d/b/a Valvoline Instant Oil Change requesting waiver use approval for limited U -Haul truck rental in conjunction with an existing oil change facility at 32850 Plymouth Road, located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 27. June 2, 2009 25255 Mr. Taormina presented a map showing the property under petition plus the existing zoning ofthe surrounding area. Mr. Morrow: Are there any questions for Mr. Taormina? Is there any correspondence? Mr. Nowak: There are five items of correspondence. The first item is from the Engineering Division, dated May 15, 2009, which reads as follows: 'The Engineering Division has reviewed the information received associated with the above -referenced waiver use petition. Please be advised that the address of the business is 32850 Plymouth Road. As written, the legal description describes an area, which encompasses not just this parcel, but the next parcel to the north. The total area described then excepts the area covering the parcel to the north. It appears this description was written when the total area was one large parcel, and the parcel to the south (containing Valvoline) was going to be split off into the separate parcel it is now. 1 do not believe this poses a problem as regards this waiver use request" The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated May 15, 2009, which reads as follows: "This office has reviewed the site plan submitted in connection with a request for waiver use approval for limited U - Haul truck rental in conjunction with an existing oil change facility located at the above -referenced address. We have no objections to this proposal." The letter is signed by Donald F. Donnelley, Fire Marshal. The third letter is from the Division of Police, dated May 15, 2009, which reads as follows: We have reviewed the plans in connection with Valvoline Instance oil Change located at 32850 Plymouth Road. We have no objections or recommendations to the plans as submitted." The letter is signed by David W. Studt, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated May 21, 2009, which reads as follows: "Pursuant to your request of May 6, 2009, the above -referenced petition has been reviewed. The following is noted. (1) A separate resolution by a super majority of Council would be required for each of the following items: (a) The property is only .39 acres where a minimum of a .5 acre is required. (b) The parking spaces along Plymouth and Mayfield are only 10 feet from the property line where a minimum of 20 feet is required. (2) The petitioner has mentioned that he would use no more than four parking spaces for rental trucks and should be limited to four. (3) The petitioner would be required to conform to the Michigan Barrier Free Code. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. The next letter is from the Plymouth June 2, 2009 25256 Road Development Authority, dated May 26, 2009, which reads as follows: "At the 2090 Regular Meeting of the Plymouth Road Development Authority of the City of Livonia held on May 21, 2009, the following resolution was adopted. #2009-12 Resolved, that the Plymouth Road Development Authority does hereby support the proposed plans as presented by Valvoline Instant Oil Change requesting approval to operate a limited LL Haul truck rental business in conjunction with an existing oil change facility at 32850 Plymouth Road, located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest X of Section 27, subject to the condition that the U-11aul vehicles have a maximum length of 20 feet, and further subject to compliance with all City codes and ordinances and the Plymouth Road Development streetscape goals and objectives, as such may be modified by the action of the Planning Commission and/or City Council. A roll call vote on the foregoing resolution resulted in the following: Ayes: Metie, Peterson, Kirksey, McCue, Meyer, Nayes: Grace, Hiltz, Abstain: None, Absent. Glass, West. While the Board recognized that the current business is an asset to the corridor, concem was expressed about whether the site is appropriately designed to handle the outdoor storage and the size of these vehicles. The parking that is provided is sized for standard vehicles (10' x 209 and maneuverability within the site will also be very tough for large trucks. The site has all of their parking in the f ontand side of the existing building with no screening. Recognizing the added use may provide a benefit to the existing business owner in these difficult economic times, it was questioned whether this use would benefitthe long-term mission of the PRDA." The letter is signed by John J. Nagy, Executive Director. That is the extent of the correspondence. Mr. Morrow: Are there any questions for the staff? Seeing none, would the petitioner please come forward and present his petition? Lorn Morden, Valvoline Instant Oil Change, 32850 Plymouth Road, Livonia, Michigan 48150 I'd love to present, but they did such a great job for me. Mr. Morrow: Any more comments or any other presentation you would like to make to the Commission? Mr. Morden: No, sir. I mean I agree with what the Plymouth Road corridor commission had said, limiting it to the 20 feel. I know there's a question about how light the parking spaces are with people coming in and out. We would actually be driving the vehides out of the parking spots for the U -Haul customers ourselves, June Z 2009 25257 and then we have the eight addilional parking spots on the property for the other customers. Mr. Morrow: Okay. Thank you very much. Does the Commission have any questions ofthe petitioner? Ms. Smiley: When someone picks up a truck, do they leave their car there? Mr. Morden: No, they do not, ma'am. Ms. Smiley: Okay. So there will be no other ... Mr. Morden: No personal vehicle storage. Ms. Smiley: Great. Thank you. Mr. Taylor: Through the Chair to Mr. Taormina, do they meet the requirements of the landscaping, the 15 percent? Mr. Taormina: The staff estimates that about 25 percent of the site is landscaped. Now, in terms of quantity, they are in compliance. There might be some upgrades to the landscaping you might want to look at in terms of comparing what's out there with the original approved landscape plan. There may be a few bushes or trees that would need to be replaced, some general maintenance, but overall, the amount of landscaping is adequate on this site. Mr. Taylor: And the Plymouth Road Development Authority, did they have any fencing in there or anything like that? Mr. Taormina: At particular site, Idont think there are any piers or fencing. Mr. Taylor: In the 14 fool bed of the truck, will that meet the requirements of the 20 fool total length? Mr. Taormina: I'm going to let this gentleman respond to that. He's already indicated that he can comply with that restriction. As we indicated at the study session, we thought maybe the overall length, bumper to bumper, on some of those trucks with 14 fool long cargo boxes would be about 22 feel, a slight overage. I don't know if that's something he's looked at or not. Mr. Taylor: Well, that's what I wondered about. I didn't think it would make R. Mr. Wilshaw: Okay. So it will give you about a 10 percent improvement in your current operation. And wuld you be willing to consider adding a landscaping component that some of tie neighboring properties have put in, the PRDA piers and fencing? Mr. Morden: It's all going to be dependent on cost. I mean that's why I'm doing the LLHaul. I'll be honest Mr. Wilshaw: Okay June Z 2009 25258 Mr. Morden: Yes, on the 14 foot vehides, when I talked to the LLHaul representatives, they're just under the 20 foot. They're about a five foot cab. Mr. Taylor: Twenty foot would make it? I'm sorry I didn't hear you. Mr. Morden: It would be about 19.5 feel, the 14 fool truck. Mr. Taylor: So the 20 feel will accommodate what you'd like to do? Mr. Morden: Yes, sir. Mr. Taylor: Thank you. Ms. Scheel: Can you tell me what your current hours of operation are and with this extended business, will you be extending your hours? Mr. Morden: We won't extend the hours. Currently, we're 8:00 a.m. to 7:00 p.m., Monday thru Friday, 8:00 a.m. to 5:00 p.m. on Saturday and 10:00 a.m. to 4:00 p.m. on Sunday. Ms. Scheel: Okay. Thank you. Mr. Morrow: Anyone else? Mr. Wilshaw: Mr. Morden, can you explain to me how one goes about renting a LLHaul truck from you if you get this? Are these going to be prearranged rentals or will someone walk in and say I want to rent a truck? Mr. Morden: Ninety-five percent of the business is prearranged because they have a dispatch center. So you're in the phone books calling on the advertisements and it's just arranged for you. Mr. Wilshaw: Okay. What percentage of your business do you anticipate this is going to be compared to your current business? Mr. Morden: It could be about 10 percent. Mr. Wilshaw: Okay. So it will give you about a 10 percent improvement in your current operation. And wuld you be willing to consider adding a landscaping component that some of tie neighboring properties have put in, the PRDA piers and fencing? Mr. Morden: It's all going to be dependent on cost. I mean that's why I'm doing the LLHaul. I'll be honest Mr. Wilshaw: Okay June Z 2009 25259 Mr. Morden: Times are tough right now. Mr. Wilshaw: Okay. I think that's all I have for now. Thank you. Mr. Morrow: Would you be amenable to what Mr. Taormina said? Apparently there's some shrubbery or some plantings there that need to be replaced to conform to the original site plan. Will you be amenable to put those back in first class condition? Mr. Morden: Absolutely. And I know somebody slopped by this week and let us know we're not on the same page because the City of Livonia takes care of that front strip of property on Plymouth Road and some the shrubs that were there, I assumed were theirs because they always come out and take care of them, but I guess they're mine. And we're going to address it. Mr. Morrow: Thank you. Anything else, Commission? If no one else, I will ask members of the audience that wish to speak for or against this petition to come forward to either one of the two podiums? We'd like your name and address for the record and your comments. Nancy Rhaligan, 11446 Loveland. I'm the second house in that looks directly at Valvoline when you walk out my front door. I have some concerns. I know you've addressed some of them, especially with the space. I think my biggest one is how will the trucks be dropped off? I see the Budget Rental down at Stark and Plymouth and how the trucks by the end of the weekend are everywhere. I realize that this Valvoline is open five days a week. Mr. Morrow: We will ask the petitioner to respond to that question before he leaves. Ms. Rhatigan: Okay. And additionally then, how will they be secured? I know I read every week trucks having the, what's the part they take for scrap? Mr. Morden: Catalytic converters. Ms. Rhaligan: Catalytic converters. You know how are those trucks going to be secured because if lheyre just sifting out there, then that's encouraging thievery in my neighborhood, you know, right outside my door practically. I know the Traffic Commission looked, studied this area, but I'll tell you, anytime from 4:30 p.m. to 6:30 p.m. for me to tum off Loveland west onto Plymouth is a nightmare. I think adding this with the trucks ... and then I June Z 2009 25260 realize it is only four trucks and I'm not trying to hurl your pocket. But there is, like I said, a Budget Rental down at Stark and Plymouth and it's huge, full service, every size truck. Mr. Morrow: Any other comments before we ask the petitioner to respond to your questions? Ms. Rhatigan: No Mr. Morrow: You may remain there in case you have further comments, but we'll ask the petitioner to respond to those two questions. Mr. Morden: The first one, I think, was storing of the vehicles? Ms. Rhatigan: Yes. Mr. Morden: They are locked just like everybody's vehicle here. They're just sitting on the parking lot locked. So there's not going to be any additional security for the vehicles. As far as ... Mr. Morrow: Catalyfic converter? Mr. Morden: Yes, that was the security issue. They're going to be parked just like anybody else's vehicle on the road. They're just locked up, not in a fenced in area or anything. As far as your concern with Budget Rental, we're only going to be accepting vehicles during business hours. A lot of the large places allow you to drop vehicles off anytime you want. They're only going to be allowed to drop them off when we are open so they won't be scattered all over the place and they'll only be in those four parking spots. Ms. Rhatigan: Does that include ifworkers are staying late, like usual? Mr. Morden: Well, we stay open until 7:00 p.m. so nobody should be there past 8:00 p.m. Ms. Rhatigan: Okay. Yesterday there were two workers there until 7:45 p.m. at least. Mr. Morden: Thal was me. I was doing inventory. Ms. Rhatigan: Okay. Well, so that may have been you yesterday. Mr. Morrow: Please address the Commission. Ms. Rhatigan: Then there are workers not there till 7:00 p.m. like they say. There are workers there late. I mean it could be the owner. but June Z 2009 25261 sometimes we just assumed it was workers who bring their friends in late to do after -hour oil changes. I mean I never go over to investigate but it's occasionally people there later than 7:00 p.m. Mr. Morrow: Well, the petitioner has heard your comments relative to some of the after hours work or whatever, but we appreciate your comments. Ms. Rhaligan: Thank you. Mr. Morrow: Is there anyone else wishing to speak for or against this petition? Do you have any final comments? Mr. Morden: No, sir. Mr. Morrow: I'll close the public hearing and ask the Commission for a motion. On a motion by Scheel, seconded by Taylor, and unanimously adopted, it was #0636-2009 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 2, 2009, on Petition 2009-04-02-07 submitted by BJKL d/b/a Valvoline Instant Oil Change requesting waiver use approval for limited U - Haul truck rental in conjunction with an existing oil change facility at 32850 Plymouth Road, located on the north side of Plymouth Road between Farmington Road and Mayfield Avenue in the Southwest 1/4 of Section 27, which properly is zoned C-2, the Planning Commission does hereby recommend to the City Council that Petition 2009-04-02-07 be approved subject to the following conditions: 1. That the maximum number of rental trucks to be parked on the site at any one time shall be limited to four (4); 2. That the parking/outdoor storage of rental trucks shall be confined to designated parking spaces, consisting of four (4) parking spaces on the east side of the site adjoining the landscaped area along the Mayfield Avenue right -0f -way line, as shown on the Site Plan prepared on behalf of Valvoline Instant Oil Change, dated May 11, 2009; 3. That the rental trucks parked on the site shall have an overall maximum length, as measured bumper -to -bumper, not exceeding 20 feel as recommended by the Plymouth Road Development Authority in their Resolution #2009-12; June Z 2009 25262 4. That this approval shall be subject to the modification by the City Council, by means of a separate resolution in which two-thirds of the members of the City Council concur, of the requirement set forth in Section 11.03(g)(1) of the Zoning Ordinance, which requires that a vehicle rental facility be located on a parcel of land containing no less than one-half acre, to enable the subject use to operate on a parcel that is 0.39 acres in area; That this approval shall be subject to the modification by the City Council, by means of a separate resolution in which two-thirds of the members of the City Council concur, of the requirement set forth in Section 11.03(g)(2) of the Zoning Ordinance pertaining to the subject use, which requires that no vehicles shall be parked within 20 feel from the front lot line or at the side lot line adjoining a street, to allow vehicles to be parked at a minimum distance of 10 feel from the Plymouth Road and Mayfield Avenue rights-of-way lines; 6. That only conforming signage is approved with this petition, and any additional signage shall be submitted for review and approval by the Planning Commission and City Council; 7. That no LED lighlband or exposed neon shall be permitted on the site including, but not limited to, the building or around the windows; 8. That this approval shall incorporate the following stipulation in the correspondence dated May 21, 2009 from the Inspection Department: That the petitioner shall be required to conform to the Michigan Barrier Free Code; 9. That all conditions imposed by Council Resolution #452- 86, which granted waiver use approval to operate a car repair facility on the subject property under Petition 85-09- 02-39, shall remain in effect to the extent that they are not in conflict with the foregoing conditions of this approval; 10. That all landscaping on the site shall be upgraded at least to the standards of the Revised Site Plan approved in connection with Petition 85-09-02-39, consisting of the Site Plan marked Sheet 1 of Job #87-520 prepared by Carne Associates, Inc., dated November 4, 1987, as revised; and 11. That the plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the June Z 2009 25263 Zoning Compliance Permit for the truck rental operation is applied for. Subjecllo the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Morrow: Is there any discussion? Mr. Wilshaw: If I can ask for a friendly amendment to the approving petition that we note that any landscaping on site should be at least upgraded to the standards of the original approving resolution which would then solidify the fact that some additional bushes and plantings may be necessary there. Mr. Morrow: To the maker and supporter, do you have any objections? Mr. Taylor: No problem. Ms. Scheel: No objections. Mr. Morrow: Thank you, Commissioners. Ms. Vartoogian: I had the same comment. Mr. Morrow: Okay. Thank you. No further discussion? Please call the roll. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. June 2, 2009 25264 ITEM #2 PETITION 2009-04-02-08 TROPICAL SMOOTHIE Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2009- 04-02-08 submitted by Tropical Smoothie Cafe requesting waiver use approval for outdoor seating in connection with an existing restaurant facility at 30971 Five Mile Road within the Livonia Plaza shopping center, located on the south side of Five Mile Road between Merriman Road and Henry Ruff Road in the Northwest 1/4 of Section 23. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Morrow: Are there any questions, Commission? Mr. Nowak, is there any correspondence? Mr. Nowak: There are four items of correspondence. The first dem is from the Engineering Division, dated May 15, 2009, which reads as follows: 'The Engineering Division has reviewed the information received associated with the above-referenced waiver use petition. Please be advised that the address of the business is 30971 Five Mile Road. As regards to the legal description, it is correct and is the legal description for the entire property." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated May 15, 2009, which reads as follows: "This office has reviewed the site plan submitted in connection with a request for waiver use approval to install outdoor seating in connection with an existing limited service restaurant within Livonia Plaza shopping center located at the above referenced address. We have no objections to this proposal." The letter is signed by Donald F. Donnelley, Fire Marshal. The third letter is from the Division of Police, dated May 15, 2009, which reads as follows: We have reviewed the plans in connection with Tropical Smoothie Cafe located at 30971 Five Mile. We have no objections or recommendations b the plans as submitted." The letter is signed by David W. Sludl, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated May 21, 2009, which reads as follows: "Pursuant to your request of May 6, 2009, the above-referenced petition has been reviewed. This Department has no objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Thank you. Any questions pertaining to the correspondence from the Commission? Seeing none, would the petitioner June Z 2009 25265 please come forward? It appears our petitioner is not with us tonight. Are we awareoflhal? Mr. Taormina: I was not aware of that. Mr. Morrow: Commission, what is your pleasure? Mr. Taylor: Mr. Chairman, I don't know what your procedure is. Normally, at the Council level, if the petitioner isn't there, they move it to the next meeting, but I don't know what the Planning Commission's plans are. Mr. Morrow: Well, I know in the past we've also done the same thing. We've taken it off the agenda and put it on a future one. Is that the way the staff understands it? Mr. Taormina: I think the Commission can use their discretion on this. I know there have been instances where you move an item forward if you feel it isn't controversial or doesn't have any unresolved issues related to it. Mr. Morrow: It certainly is not a controversial as far as this Commission is concerned regarding ordinances. Mr. Taormina: We're not aware of why the petitioner is not here. Mr. Nowak did speak to him a week ago. Mr. Morrow: But he was aware that he should attend? Ms. Smiley: Do you want to hear from the audience? Mr. Morrow: I'm going to ask if there is anyone here tonight that cares to speak for or against the granting of this petition? Seeing no one, I'll ask for direction from the Commission. Ms. Vartoogian: I'd like to make a motion to table this as I do have some questions about the type of tables and chairs, and since it is not fenced in and is in an open area, I wonder if they're planning to keep the furniture out there all night or if they plan to store it inside. Mr. Morrow: Okay. We have a tabling motion. On a motion by Vartoogian, seconded by Wilshaw, and unanimously adopted, it was #0637-2009 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 2, 2009, on June Z 2009 25266 ITEM #3 PETITION 2009-05-02-09 MAMA VERA'S Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2009- 05-02-09 submitted by Big Slice Pizza, Inc., d/b/a/ Mama Vera's Eatery requesting waiver use approval to expand the floor area and add customer sealing for an existing restaurant facility at 15385 Merriman Road, located on the northwest corner of Merriman Road and Five Mile Road in the Southeast 1/4 of Section 15. Mr. Taormina presented a map showing the property under petition plus the existing zoning ofthe surrounding area. Mr. Morrow: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated May 15, 2009, which reads as follows: 'The Engineering Division has reviewed the information received associated with the above referenced waiver use petition. Please be advised that the address of the business is Petition 2009-04-02-08 submitted by Tropical Smoothie Cafe requesting waiver use approval for outdoor seating in connection with an existing restaurant facility at 30971 Five Mile Road within the Livonia Plaza shopping center, located on the south side of Five Mile Road between Merriman Road and Henry Ruff Road in the Northwest 1/4 of Section 23, which property is zoned C-2 and P, the Planning Commission does hereby table this item. Mr. Morrow: The motion is carried and the foregoing resolution adopted. This will be tabled to an uncertain dale. Will you please be in contact with the petitioner and see if we can't get it on the agenda as quickly as possible, but make sure he understands that we do have questions. Mr. Taormina: We will do that, and just to verify, you did invite the public to speak this evening, correct? Mr. Morrow: Yes. Mr. Taormina: So this can appear on the regular agenda then. Mr. Morrow: Yes. No one came forward. Mr. Taormina: Thank you. ITEM #3 PETITION 2009-05-02-09 MAMA VERA'S Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2009- 05-02-09 submitted by Big Slice Pizza, Inc., d/b/a/ Mama Vera's Eatery requesting waiver use approval to expand the floor area and add customer sealing for an existing restaurant facility at 15385 Merriman Road, located on the northwest corner of Merriman Road and Five Mile Road in the Southeast 1/4 of Section 15. Mr. Taormina presented a map showing the property under petition plus the existing zoning ofthe surrounding area. Mr. Morrow: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated May 15, 2009, which reads as follows: 'The Engineering Division has reviewed the information received associated with the above referenced waiver use petition. Please be advised that the address of the business is June 2, 2009 25267 15385 Merriman Road. The range of addresses for the overall building containing various units is 15303 thru 15399 Merriman Road. As written, the legal description attempts to describe the overall parcel for the building containing this restaurant. The legal description as written is incomplete and cannot therefore be checked for accuracy." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated May 15, 2009, which reads as follows: "This office has reviewed the site plan submitted in connection with a request for waiver use approval to expand the floor area and add customer seating for an existing restaurant facility located at the above referenced address. We have no objections to this proposal." The letter is signed by Donald F. Donnelley, Fire Marshal. The third letter is from the Division of Police, dated May 15, 2009, which reads as follows: We have reviewed the plans in connection with Mama Vera's Eatery located at 15385 Merriman. 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 May 21, 2009, which reads as follows: "Pursuant to your request of May 5, 2009, the above -referenced petition has been reviewed. The following is noted. The cunent signage and neon in front windows is nonconforming and would need to conform if this petition is approved. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Seeing no questions of Mr. Nowak, would the petitioner please come forward and present his petition? We will need your name and address for the record please. Steve George, 12579 Belden Court, Plymouth, Michigan. I have with me in the audience Mr. Jovan Aposlolowski, who is the founder of Mama Vera's. He opened up the location actually six years ago bis past month, past May, which to the best of my recollection, since that strip mall's been built, I think its the longest existing restaurant or business at that specific location. We've done real well together in trying to build the business. That's why we're proposing this seating. We're doing it for two reasons really. One, because business is actually very encouraging even in these hard economic limes. Our menu, I think, caters to not only a delivery and carryout business, but it's extensive enough where a sit down restaurant can also prosper with the right ingredients. I think we put that together. We're fortunate enough to have an opportunity here. Unfortunately, Boncs had to pull out because of the economic conditions but we could June Z 2009 25268 possibly take advantage of that opportunity. The landlord has agreed at his own expense to move the nail salon, Cosmic Nails, over one facility at very little cost based on his estimate because from what we can see, there doesn't appear to be material, plumbing or any kind of electrical accommodations that have to be made. From our end, our kitchen is going to remain as is and there won't be any expansion. So from our end, there will be very little accommodations to be made, both electrical, plumbing and any other kind of what might be considered material or extensive modifications. We're really looking to just sort of box out the adjacent premises and have seating available for our customers. Aside from the business component, which we think will do real well, we're sort of tied into the community. We have family that lives in Livonia. I grew up in Livonia and, in fact, I grew up very close to this location within a mile. We believe that this area sort of is starving for a sit-down family -style restaurant. There's not many sit-downs. There's the family dining restaurant that's at the corner of Five and Farmington. There are a couple other restaurants closer to Merriman and Middlebell off the Five Mile area, but that corner really lacks a family style opportunity. So we'd like to bring that to Livonia and use this as sort of a flagship kind of business opportunity, loo, because we'd like to expand and possibly look at other locations. So we'd like to try this model here because I think it could be a successful model and then build off of it. The last point I'd like to bring out, which I think is going to be essential for the success of our business in spite of the fad that we have done real well, there's still a problem with visibility because we're tucked in adjacent to the pet store and really can't be seen. I think that's a big reason why other businesses that have been in that comer have been unsuccessful because there is no visibility. There is a pylon sign in the front that's dedicated solely to advertising for Pet Food and More. With this expansion, I think we can do more with signage on lop of our business. We can extend it and also move more south on the building, which is going to give us more visibility as people are approaching from north going south, and the same driving on Merriman going north approaching from the south. So that's really our mind set and why we want to do this. And again, we're looking at taking advantage of these hard economic times but making it into a positive for our business. Mr. Morrow: Thank you. Commission, do you have any questions of the petitioner? Mr. Wilshaw: Mr. George, can you explain to me how the business operation is going to work as far as a diner coming in and wanting to gel June Z 2009 25269 food and then go sit down. Is there going to be menus or is it just a counter, or how does that work? Mr. George: The way it stands now, Commissioner, is that we have a counter that runs across our existing facility. What we're going to do is back it up and "U" it so it actually starts from our existing facility and extends into the proposed facility so that the counter is going to be able to monitor both customers coming in from the original door that we have and also coming in from the new door. We will have two front doors essentially. What we intend to do is you'll see that there's a little like partition. We're going to open up the two spaces so they're completely open from the doors to the counter. What you see there is a like a little partition that is going to be almost like a half wall. It will be decorative, and that will separate the doors as people come in, but they'll essentially be going to the same counter. We've created an extensive seating area for both people ordering and waiting for their orders as they come to pick up and enough seating so that we can accommodate people that are wailing to be seated. God willing, we're busy and people have to wail for their seats. So that counter is going to be large enough so that we'll have a pickup section of the counter and people can wail for a waitress to seal them at a different portion at the counter. We'll have two registers to be able to accommodate both people coming to pick up. We don't want people coming to pick up and have to wail any longer. The one thing that people do like about, from what I can understand from the comments that we gel from our customers, is that they don't have to wait for the food when they come to pick it up. It's always ready on the spot. So we're not looking to create more delays in that part of our business. Then, of course, we'll still have the delivery component to our business as well. There will be menus. The blueprint we're looking at now, because like I said, we want this to be sort of a flagship-lype facility to be sort of blueprinting for other opportunities. We're going to have labledoths, silverware, plates, wait staff. I think our food sort of dictates that we do that because there is going to be ... we dont want to present a nice family meal in baskets, not that there's anything wrong with it. I dont think it really goes with what we do. I wish I had brought a menu. I could pass it around. I'd be more than happy to ... I'll call and have somebody drop them off before the end of the meeting so you can see our menu. Its quite extensive with chicken, ribs, seafood, salads. I think all of those sort of require or dictate that we have silverware, plates, a tabledotl-type presentation. Mr. Wilshaw: Okay. I appreciate you describing that. That's very enlightening. So the seating area is then going to be quite nice June Z 2009 25270 actually. Its not going to be rudimentary plastic chairs and tables or anything. Mr. George: Like I said, we see this as an opportunity to do it the right way instead of sort of growing into it. We are not looking to do it rudimentary at all. Again, and I don't want to, in trying to describe what we're going to do, I dont want to downgrade what other facilities are doing, but its not a coney island type presentation, even though they have a wail staff. We're doing something a little more accommodating, a little more, I don't want to say formal, but the tablecloth and with the silverware, it's going to be a nice presentation. Mr. Wilshaw: That sounds very good. You don't have any difficulty in removing the neon framing and signs that are in the windows or anything do you? Mr. George: I wanted to speak to Mr. Hanna about that. I tried to put a call into him before this meeting. I apologize that I didn't gel to speak to him. To whatever regard we're in noncompliance, we will comply. I've got to figure out yet what exactly that is so I'd like to sit down with him. Mr. Wilshaw: Okay. Mr. George: But the neon will not act as a detriment or hindrance for us moving forward at all. Mr. Wilshaw: Okay. Sounds good. Mr. George: I'll have to address that with Mr. Hanna and see exactly what it is he'd like us to do to comply. I can work with this. Mr. Wilshaw: I'm very excited to hear that your business is doing, especially in the face of BDrlcs closing, which is a discount hair place. Its amazing to think that they can't survive, but its good to hear that you're doing well and that you're looking to expand. I think will improve your visibility at that location because I go to that pet store all the time and its difficult to even know that you're there. Mr. George: I know. We have people calling us from the parking lot sometimes saying, 'We're coming to pick up our food. We don't know where you are." Just look up. Mr.Wilshaw: Very good. Thank you. Mr. George: Thank you. June Z 2009 25271 Ms. Scheel: Can you tell me, do you plan on this being smoking or non- smoking? Mr. George: That's a good question. I have to be honest, I guess maybe we're not completely decided yet, and that was something that came to our attention relatively late in this process. I guess maybe we're so consumed with trying to make sure that we did this the right way and we brought everything to the city's attention, but we talked about that actually just last night. It came to our attention over the weekend. I guess we would work with the City if the City has any kind of recommendations what they're looking for on the type of arrangement they have with restaurants coming into the city. I would think that we would designate a portion of that seating to be smoking, a small portion of it, but we haven't made that decision yet. So to the extent that the City has any recommendations or input on that, we would be more than happy to listen to it, but we're still trying to work out what type whether there's going to be and where it would be located if we had any smoking. Ms. Scheel: Okay. And one more question, do you have any plans to serve beer or wine in the future or totally not at all? Mr. George: No, we don't. We're not ruling it out but we're not considering it at this time because we're looking toward gearing this towards family dining. I don't want to say we'll never do it because you don't know what the community would have as a need for. It's not what we're planning to do at this point. I'm also a practicing attorney so, of course, I got into the restaurant business because that's why they do, right? I do a lot with liquor licenses. I know what it would lake to have to go through that process. I'm not really sure that we want to do that at this time, and in the future, I can't rule it out but its not something that we're looking altoday. Ms. Scheel: Okay. Thank you. Thank you, Mr. Chair. Mr. Morrow: Seeing no further questions of the petitioner, I'm going to ask if there is anybody in the audience that wishes to speak for or against this petition? Seeing no one coming forward, I'm going to give the petitioner one more opportunity to add anything he might want to add. Mr. George: Only that we're looking forward to working with the City and bringing another sit-down restaurant eatery to the community. June Z 2009 25272 Mr. Morrow: I knew there was something in your background that caused you to make a nice presentation. Mr. George: You know, it sells itself, but I appreciate the comment. Mr. Morrow: Okay. I'm going to close the public hearing and ask the Commission for a motion. Mr. Taylor: This is the best kept secret in town actually over there. Unfortunately, their visibility is not loo great. I think it will help once you gel a larger sign up and that will really help you. I'm going to ask for an approving resolution. On a motion by Taylor, seconded by Varloogian, and unanimously adopted, it was #06-38-2009 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 2, 2009, on Petition 2009-05-02-09 submitted by Big Slice Pizza, Inc. d/b/a/ Mama Vera's Eatery requesting waiver use approval to expand the floor area and add customer seating for an existing restaurant facility at 15385 Merriman Road, located on the northwest corner of Merriman Road and Five Mile Road in the Southeast 1/4 of Section 15, which properly is zoned G2, the Planning Commission does hereby recommend to the City Council that Petition 2009-05-02-09 be approved subject to the following conditions: 1. That the customer seating provided in connection with the subject use shall be in accordance with the Proposed Seating Plan marked Sheet 1-a prepared by Architecturally Speaking, dated May 11, 2009, as revised; 2. That the maximum customer seating count shall not exceed 36 seats; 3. That only conforming signage is approved with this petition; 4. That the petitioner shall comply with the following stipulation in the correspondence dated May 21, 2009, from the Inspection Department: The current signage and neon in front windows is nonconforming and would need to conform ifthis petition is approved; and 5. That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for. June Z 2009 25273 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 11.03 and 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; 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. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #4 PETITION 2009-04-06-02 ELECTRONIC SIGNS Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2009- 04-06-02, submitted by the City Planning Commission, pursuant to Council Resolution #209-09, and Section 23.01(a) of the Livonia Zoning Ordinance, as amended, proposing to amend Sections 18.50A and 18.50H of Article XVIII of the City of Livonia Zoning Ordinance to allow variable electronic message signs. Mr. Taormina: The City Council is equesling that the Planning Commission conduct a public hearing regarding proposed amendments to the Zoning Ordinance that would allow for variable electronic message signs. Currently, such signs are not permitted on commercially zoned properties. Section 18.50A would be amended to provide a definition of the term "Variable Electronic Message Sign" This definition would then be used in a new subsection 18.50H(o), which would set the terms under which variable electronic signs would be permitted. As defined, a variable electronic sign would include any LED, digital or other similar sign, which can have the message or content of the sign electronically changed or altered by remote or automatic means. One good example would be a fuel price sign at a gasoline June Z 2009 25274 station. Under Section 18.50(0), variable electronic message signs would be available in commercial districts, and only if all other signs pertaining to the site are fully conforming. To address potential aesthetic concerns and to minimize the likelihood that such signs would create a nuisance or distract drivers on adjoining roads, the proposed ordinance includes other regulations that would govern the frequency and method of sign changes, the intensity of the light emitted by the sign, and the relationship between the message and the background. As it relates to the message duration and transition, the proposed ordinance would require each message to remain static for at least 30 seconds and that a change of message must be accomplished within one second. No electronic sign could be oriented to face any residentially zoned property. The ordinance would maintain the current prohibitions on flashing or moving signs, and would allow the variable electronic message portion of the sign to constitute no more than 50 percent of the sign face. Lastly, the electronic messages could only be used on ground signs, not wall signs. Thank you. Mr. Morrow: Thank you, Mr. Taormina. Are there any questions or comments? Do we have any correspondence on this, Mr. Nowak? Mr. Nowak: No, there is no correspondence in connection with this petition. Mr. Morrow: Because this is a petition that was brought forward by the City Planning Commission, we are the petitioner. Al this time, is there anyone in the audience wishing to speak for or against the granting of this petition? Seeing no one coming forward, I'll close the public hearing and ask for a motion. On a motion by Smiley, seconded by Taylor, and unanimously adopted, it was #0639-2009 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 2, 2009, on Petition 2009-04-06-02, submitted by the City Planning Commission, pursuant to Council Resolution #209-09, and Section 23.01(a) of the Livonia Zoning Ordinance, as amended, proposing to amend Sections 18.50A and 18.50H of Article XVIII of the City of Livonia Zoning Ordinance to allow variable electronic message signs, the Planning Commission does hereby recommend to the City Council that Petition 2009-04-06- 02 be approved for the following reasons: 1. That the proposed language amendments will accomplish changes to the sign regulations of the Zoning Ordinance that will allow variable electronic message signs; June Z 2009 25275 2. That the proposed language amendments will provide electronic sign regulations which balance the Court -driven need for content neutrality with the City's safely and aesthetic concerns and current trends in sign technology; 3. That the proposed language amendments will provide for adequate regulation and control over factors such as the location, size and orientation of variable electronic message signs, as well as regulations that will govern the frequency and method of sign changes and the intensity of the light emitted by the sign; and 4. That the proposed language amendments will provide the City with reasonable and equitable regulations for the control ofvariable electronic message signs. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Morrow: Is there any discussion regarding the ordinance? Mr. Wilshaw: Reading the details of this proposed ordinance, there's a lot of really good elements to it. I think it was very well thought out. It addresses a lot of concerns that we've had in the past and concerns that I think we currently have about electronic message signs regarding the frequency of the sign changing, the aspects of the flashing and the brightness of it and so on. I do still have concern about electronic message signs, not so much in the case of gas station pricing or things like that, and also we have a handful of exceptions that we've just seen recently throughout the city like Laurel Manor, which I think are appropriate. But my concern is that we're potentially allowing for the ability of a lot of signs in the city that are currently conforming signs to have half of them be electronic message signs. If you think of roads like Plymouth Road and some of these other commercial areas, you could potentially have business after business after business with changing multicolored signs that compete with each other to grab your attention. As I see this in the future, I just hope that it doesn't turn out to be something in the order of Las Vegas or some gaudier or less than aesthetic result. So with that, like I said, I do like the bulk of this ordinance. The only concern I have is the control in which we and the City Council have to allow these signs or control how many of these signs gel placed and where they gel placed. So I only urge, as we go forward with this, and June Z 2009 25276 the City Council looks at this, I hope that they take that into consideration. Mr. Morrow: Thank you, Commissioner. Mr.Wilshaw: Thank you. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#5 PETITION 2002-07-02-12 STATE FARM INSURANCE Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2002- 07-02-12 submitted by Slate Farm Insurance Company, which previously received approval by the City Council on September 25, 2002 (CR #515-02), requesting to modify one of the conditions in connection with a proposal to construct an addition onto an existing office building at 14111 Middlebelt Road, located on the west side of Middlebell Road between Schoolcreft Road and Bentley Avenue in the Southeast '/. of Section 23. Mr. Morrow: Thank you. Mr. Taormina Mr. Taormina: Thank you. This is a request to modify one oflhe conditions of approval that was put in place in September, 2002, by the City Council involving the expansion of the Slate Farts West Metro Administrative Building, which is located on the west side of Middlebell Road between Schoolcraft Road and Bentley Avenue. This is the location map of the property involved. The subject condition removed from the plan 18 parking spaces that were shown along the west side of the property, and specified that the area remain landscaped, and should State Farm ever need it in the future due to a shortage of parking, that the plan could be reconsidered by the Planning Commission and City Council prior to construction. Just to orient you with this plan, the drawing on the right hand side, and this is the identical area shown, both on the left side and the right side. The area on the right side represents the existing conditions, and the drawing on the left side shows the proposed additional parking along the west side of the property. These are the 20 spaces that are shown grayed out in this area. So, again, the right hand side is existing, the left hand side is proposed. In a letter dated May 7, 2009, the architect explains that State Farm is in need of these land banked parking spaces due to the change in function of the June 2, 2009 25277 West Metro Facility. Apparently, they have undergone recent interior modifications that accommodate more conference and meeting space at this site. The plan, as I indicated, would provide for 20 additional spaces, which would measure 18 feet in length by 10 feel in width. The 18 feet length is permitted because the spaces would abut landscaping, in which case the City would allow 2 feel to overhang into those landscaped areas. The remaining greenbelt, that's the area between the edge of the new parking and the 7 foot high masonry screen wall along the west side of the property, would be about 29 feet. So they're removing about 18 feel but approximately 29 feet of landscaping would remain as a buffer between the parking and the screening wall. You can see that this area is heavily landscaped presently. There would be, however, about six trees that would have to be removed in order to accommodate the additional parking. The plan indicates that those six trees would either be transplanted, if possible, or removed and replanted at a new location. We're asking that at least those six trees be replaced on a one-for-one basis. All of the remaining landscaping would not be altered. One other condition that we are recommending with this petition is that the fixtures on the three light poles located along this edge be properly shielded. They dont currently have shields, but those can be added at a minimal cost and that would prevent any light from trespassing onto the adjacent property to the west. Thank you. Mr. Morrow: Thank you. Any questions of Mr. Taormina? Ms. Smiley: Thank you, Mr. Chair. How tall is the masonry wall in the back? Mr. Taormina: Its about seven feel. That's about two feet more than what you normally would want. Ms. Smiley: And that's in really good repair. Mr. Taormina: It would appear to be in very good condition. Yes. Ms. Smiley: Okay. Thank you. Mr. Morrow: Any other questions? Mr. Nowak, do you have any correspondence you want to read into the record? Mr. Nowak: There is one item of correspondence from the Inspection Department, dated June 1, 2009, which reads as follows: "Pursuant to your request of May 20, 2009, the above - referenced petition has been reviewed. This Department has no objections to this petition." The letter is signed by Jerome June Z 2009 25278 Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Thank you very much. Would the petitioner please come forward? We will require your name and address. Barb Vader, TMP Architecture, 470 West Center Avenue, Portage, Michigan 49024. Richard DeJong: Slate Farm Insurance. I'm also housed in Portage at our State Farm Facility at 5620 Portage Road. Mr. Morrow: Okay. Thank you very much. Would you like to add any comments to what you've heard from our Director? Mr. DeJong: Just a couple things - one about the shields for the lighting. Actually, we ordered those today. We realized they weren't there. I'm the facility's supervisor for the Stale of Michigan and that was brought to our attention. So we went ahead and actually ordered those today and they will be installed. Other than that, the function at that location has changed for us. We've increased the amount of employees at 14111 Livonia, which we refer to as the Livonia operations center. And then also, the use of our other facility on that site, which we refer to as the West Metro Administration Building, we're going to be having more meetings and using it more as a conference space. So, therefore, we do need the additional parking. Mr. Morrow: Well, we certainly appreciate your land banking the parking spaces. Now you want to reclaim. So during the interim, we appreciated the landscaping that was there. Are there any questions for the petitioner by the Commission? Ms. Vartoogian: I have a question about the trees that are currently in place where the parking spaces are land banked. Do you have any plans to replace those trees on other parts of the properly? Ms. Vader: We believe that six are going to be affected. There may be more depending on the root systems, but the six that we know for sure have to move will just be moved into that landscaped area right to the west directly, and we believe four of them can be transplanted. We'll leave that up to the landscaper to determine, and two will probably have to be replaced. Ms. Vartoogian: Okay. That's great. Thankyou. Mr. Morrow: Any other questions? Gerald Showiak, 14132 Beatrice. I live directly behind the land banked area in question. If the Planning Commission and the City Council are satisfied that State Farm needs to develop this land banked area into parking, then, as a good neighbor, I will not object, but I am asking that State Farm, as a good neighbor, replant the remaining greenbelt behind and to the side of this new parking with trees to block year round the view of the building. The existing plantings are just beginning to screen the parking and the building. The new plan requires their removal. I have a petition signed by my neighbor who lives directly behind the land banked area and other neighbors who have an interest. It reads: 'The undersigned request that the proposed landscaping plan be modified to increase the planting in the remaining greenbelt with the intent of providing a year around visual screen and sound barrier between the residential neighbors and State Farts Insurance parking" Also, the homeowners want reassurance from State Farts and the City Council that there will be no more greenbelt encroachments. Thank you. Whom may I give my petition to? June Z 2009 25279 Mr. Taylor: Through the Chair, Mark, I know there is only one other, that I can think of, land banking that we did over at the Holidome. I don't believe theyve ever used that property at all. Is there any other land banked property that we've ever developed? Mr. Taormina: Yes, there have been a couple. Most recently was the eye doctor on Six and Newburgh, but I think there have been a couple of others. Actually, this look place in 2002, which was prior to the amendment to the ordinance. So this actually helped us to draft that ordinance that occurred shortly after. Regarding the trees, there are six trees. The area is very well maintained and nicely landscaped. There are two evergreen trees, or maybe three evergreen trees. There are two Oak trees and then another, maybe a pear tree or something, that would be affected by the project. I'm guessing it's the Oak trees that can't be transplanted. They are very nice trees. It's unfortunate if they do have to come down, but a large spade could probably be used to transplant the evergreen trees, as well as the other deciduous tree. It would be nice to keep those. They are very nice trees. Mr. Taylor: Its very encouraging that this is one business in Livonia that is thriving and enlarging, which is good. We like that. Thank you. Mr. Morrow: Is there anyone else? If you give us a moment, we're going to go to the audience to see if anyone wishes to speak for or against this petition? We will need your name and address for the record. Gerald Showiak, 14132 Beatrice. I live directly behind the land banked area in question. If the Planning Commission and the City Council are satisfied that State Farm needs to develop this land banked area into parking, then, as a good neighbor, I will not object, but I am asking that State Farm, as a good neighbor, replant the remaining greenbelt behind and to the side of this new parking with trees to block year round the view of the building. The existing plantings are just beginning to screen the parking and the building. The new plan requires their removal. I have a petition signed by my neighbor who lives directly behind the land banked area and other neighbors who have an interest. It reads: 'The undersigned request that the proposed landscaping plan be modified to increase the planting in the remaining greenbelt with the intent of providing a year around visual screen and sound barrier between the residential neighbors and State Farts Insurance parking" Also, the homeowners want reassurance from State Farts and the City Council that there will be no more greenbelt encroachments. Thank you. Whom may I give my petition to? June Z 2009 25280 Mr. Morrow: Give it to the secretary. Does the Commission have any questions or comment relative to what we just heard? Mr. Taylor: Mark, would you say that what they are doing is the same thing that was there before, and as far as the neighbor's protection, it will comply with what we need to do? Mr. Taormina: We will have to work with the landscape contractor and architect to selectively locate the replacement trees, and probably replace the deciduous trees that are being removed with evergreen trees so that it can be a year round type of screen as this gentleman is requesting. I'm guessing that would not be an objection by State Farm. Mr. Taylor: That is an unusually high wall that we have there, so I'm sure that any lights from an automobile would be shielded definitely from there. I don't know how high the lights are on the building itself. If they're going to be shielded, I'm sure that things will be better for you if they shield them. Mr. Showiak: The wall does a good job. I don't have a problem with that. I have a colonial, so I look down at the parking. I get to see the cars, but there are ranch homes there. What the issue is, we'd like to see the building more screened visually by the landscaping. It doesn't look as dense when you're actually there as in this situation. Like I say, the plants that are there since 2002 are beginning to finally cover the building, and now, my impression was they're going to take them down. I'd like to see them, in addition to moving them back, I would like to see some other firs, spruce, that type of tree, planted so that we get some more density. Mr. Morrow: Well, Mark, what is the percentage? They certainly meet the ordinance relative to the percentage of landscaping. Mr. Taormina: I don't have that number. Ms. Vader: 21.2 percent. Mr. Morrow: 21.2 percent. So, our requirement is 15 percent. They meet our ordinance. I'm sure that the petifioner has heard your input. If there is any way they can work with you, but I'm not sure the Commission is going to mandate that we begin screening buildings from view. Mr. Showiak: Okay. Well, I saw this as an opportunity to present my concerns. June Z 2009 25281 Mr. Morrow: Well, part of it, sir, is exactly what you did. You have the opportunity to, so the petitioner hears, what your desires are and if they choose to work with you over and above what the staff will be working with them on as far as replacement of the trees. Mr. Showiak: Thank you. Mr. Morrow: Thank you, sir. Is there anyone else caring to come forward? Ma'am, we'll need your name and address for the record. Angela Firth, 14144 Beatrice. I am directly west of Stale Farm as well. I have three concems, and I would like the conditions staled in the petition that was adopted on September 25, 2002, to be honored and that the shields be placed on those poles. I hear that they are going to be placed. I have brought that to their attention. Those lights shine in my entire backyard. My next door neighbor can see me when I walk out at night. That was not an issue before. Furthermore, the wall vapors lights ... at the meeting on August 28, Ms. Vader staled that they didn't really impact the parking lot. Not only do they light up the entire parking lot, they light up my backyard and inside my home. I would like to request those be turned down and shielded as well. They are above the seven fool wall and they do shine over and beyond. My only other request is that conifer trees be put up in place to maintain the greenbelt in the back, which we have tried so desperately to salvage for the last 15 - 20 years. Mr. Morrow: What was that last comment? Ms. Firth: Conifer trees. If you could replace them with pine or evergreen trees in the back to help shield that lighting, I would greatly appreciate that. Those are my concerns. Oh, and trash pickup. As before and continues to be picked up as early as 4:00 a.m. and most recently as early as 6:00 a.m. I know it doesn't seem like that big of a deal but when it's right in your bedroom window, it sounds like a gun shot going off and its a terrible way to wake up. Those are my only concerns. Mr. Morrow: So you're saying that some of the light is now currently trespassing into your yard? Ms. Firth: Pardon me? Mr. Morrow: Some ofthe lighlis trespassing into youryard? Ms. Firth: My yard and my home, yes. June Z 2009 25282 Mr. Morrow: We'll address that with the petitioner. We will also address the minimum. So you could probably use that. trash pickup with the petitioner. Ms. Firth: Thank you very much. I appreciate it. Mr. Morrow: Would the petitioner please come forward again? Before we go Yes. If you can ask them, that would probably be... to the Commission, you just heard the young lady relative to DeJong: some of the light still trespassing into her area and then also if there's anything we can do to regulate the trash pickup. Mr. DeJong: As far as the trash pickup goes, we have called and have asked Morrow: for a later pickup time. I thought that was under control. I haven't heard of that recently within the last, let's say, year or they can work with you in that regard. so. We did rectify that situation at one time and asked for a DeJong: later pickup time. I'm not sure exactly what your regulations are Mr. in Livonia. Is it 8:00 a.m., 7:00 a.m., 6:00 a.m'? Are we within Particularly when you're backing up to residential the boundaries? We can ask them to come later and we will do so. If we're violating any land of noise ordinance, we would want to know that and that way we've got something to stand on disturbing the neighbors during early morning hours. when we talk to our contractors. Mr. Morrow: In the past, we've addressed that. I'm not sure if there s any Mr. time in the ordinance. Mark, are you aware of any time? Mr. Taormina: Construction activities usually cannot begin until 7:00 a.m minimum. So you could probably use that. Mr. DeJong: Okay. 7:00 a.m. No earlier? Mr. Taormina: Yes. If you can ask them, that would probably be... Mr. DeJong: We'll write them a letter and we'll be happy to address that with our trash pickup folks. Mr. Morrow: And if ft's possible to even have it less early than that, see if they can work with you in that regard. Mr. DeJong: We can do that. We'll be happy to do that. Mr. Morrow: Particularly when you're backing up to residential neighborhoods, we try to do the best we can as far as not disturbing the neighbors during early morning hours. Mr. DeJong: Understood. Mr. Morrow: Okay. Thank you. June Z 2009 25283 Mr. Taylor: Who is your pickup person? Mr. DeJong: I believe we're using Waste Management there. Mr. Taylor: Okay. We can talk to some people about that. Mr. DeJong: Again, the shields on the lights, they will be put up. I'm not sure about the seven foot light issue. That one is not clear to me. Mr. Morrow: If I followed the lady correctly, apparently some of that light is trespassing into her backyard. If you could check that out. Mr. DeJong: We did have an issue with a light that was shining on our logo and tried some different things to rectify that. Finally, we just turned it off. It's been turned off. Mr. Morrow: Take a look at it at night. It'd probably be easier to see what she's referring to than try to explain it here tonight. Mr. DeJong: Sure. On the issue of the trees, we'll do our best to comply. Mr. Morrow: Commissioner Wilshaw has a question or comment. Mr. Wilshaw: Yes. The resident mentioned that there was some wall scones on the back of the building that apparently are projecting light out toward the backyard. Do you know about Bose and is there a possibility that either those could be shielded or replaced with lights that point downward? Mr. DeJong: Well, you know, it's always a catch 22. Take the lights away and sometimes things happen on your property that you don't want to happen, and you know, we all know that cars are stolen. Things happen at night if lighting isn't there. We have a standard of lighting that we try to meet. Now, if we can do it in a different way, we will be happy to look at it. I'm not familiar with the wall packs on the west side of the building. I'm not sure if they are there. If they are, that's something we can look into. We do have a rear exit on that side of the building. So obviously when people exit in the evening, just like here, we would want them to be safe and in the light, which is a little better that way. Mr. Wilshaw: Sure. Mr. DeJong: For a number of reasons. We'll look into it. I don't recall any wall packs on that end of the building at the 14111 location. I don't believe there are any, but if there are, we'll try to work with you. June 2, 2009 25284 Mr. Wilshaw: Okay. As I understand, part of our approving resolution, if 6's offered today, would be to make sure that your lighting is, in fad, shielded to minimize any light trespassing into the residential properties. Just so the residents are aware of that. We do intend to offer that. Mr. DeJong: We'll do that. Mr. Wilshaw: All right. Thank you. Mr. Morrow: You understand, we're not trying to have you not have any lighting there, but we want to make it down It as much as we can so it doesn't trespass. Mr. DeJong: We will do so. Mr. Morrow: Okay. Any other questions or comments? Seeing none, thank you very much. A motion would be in order. On a motion by Wilshaw, seconded by Vartoogian, and unanimously adopted, it was #06-40-2009 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2002-07-02-12 submitted by State Farm Insurance Company, which previously received approval by the City Council on September 25, 2002 (Council Resolution #515-02), requesting to modify one of the conditions in connection with a proposal to construct an addition onto an existing office building at 14111 Middlebelt Road, located on the west side of Middlebelt Road between Schoolcralt Road and Bentley Avenue in the Southeast''/. of Section 23, be approved, and that Condition #14 of Council Resolution #515-02 which reads, "That the westerly most row of parking spaces located behind the proposed building addition totaling 18 shall be removed and replaced with landscaping, these spaces shall be landbanked and if needed in the future due to a shortage of parking, shall be reconsidered by the Planning Commission and City Council prior to being constructed' shall be removed and replaced with the following conditions: 1. That the Site Plan marked Sheet C1.1 dated May 7, 2009, as revised, prepared by TMP Associates, is hereby approved and shall be adhered to; 2. That the existing light fixtures along the west property line shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into the adjacent residential neighborhood; June 2, 2009 25285 3. At a ratio of one to one (1:1), for every tree removed during the expansion of the parking lot, a tree shall be planted in its place along the greenbelt adjacent to the new parking spaces. If the same tree cannot be replanted an evergreen tree, at least eight (8) feet in height, shall be substituted. The appropriate positioning of the trees shall be reviewed and approved by the Planning Department; 4. That the specific plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 5. That all other conditions imposed by Council Resolution #515-02, which granted approval to construct an addition onto an existing office building, shall remain in effect to the extent that they are not in conflict with the foregoing conditions. Mr. Wilshaw: I'll make a slight modification to #3 that in regard to landscaping, that the petitioner will work will the Planning Department to place the landscaping in appropriate places. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#6 APPROVAL OF MINUTES 981st Public Hearings and Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes of the 981"Regular Meeting held on May 19, 2009. On a motion by Scheel, seconded by Smiley, and unanimously adopted, it was #06-41-2009 RESOLVED, that the Minutes of 981s' Regular Meeting held by the Planning Commission on May 19, 2009, are hereby approved. A roll call vole on the foregoing resolution resulted in the following: AYES: Scheel, Smiley, Varloogian, Wilshaw, Taylor, Morrow NAYS: None ABSENT: McDermott ABSTAIN: None June Z 2009 25286 Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 982n° Public Hearings and Regular Meeting held on June 2, 2009, was adjourned at 8:26 p.m. CITY PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: R. Lee Morrow, Chairman