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HomeMy WebLinkAboutPLANNING MINUTES 2011-10-04MINUTES OF THE 1,015TH PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 4, 2011, the City Planning Commission of the City of Livonia held its 1,015h 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: Ashley V. Krueger R. Lee Morrow Lynda L. Scheel Carol A. Smiley Gerald Taylor Ian Wilshaw Members absent: Scott P. Bahr Mr. Mark Taormina, Planning Director, and Ms. Margie Watson, Program Supervisor, were also present. Chairman Morrow informed the audience that if a petition on tonighfs 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 2011-08-02-13 CHONG LING XIN Ms. Scheel, Secretary, announced the first item on the agenda, Petition 2011-08- 02-13 submitted by Chong Ling Xin requesting waiver use approval to operate a massage establishment at 32626 Seven Mile Road within the Loveland Plaza shopping center, located on the north side of Seven Mile Road between Merriman Road and Farmington Road in the Southwest 1/4 of Section 3. Mr. Taormina provided background on the item and presented a map showing the properly under petition plus the existing zoning of the surrounding area. October 4, 2011 25821 Mr. Taormina: The L-shaped shopping plaza is zoned C-1, Local Business. The total size of the plaza is about 12,000 square feel of gross floor area. The center currently has six occupied units including Fashion Cleaners, Blue Plate Diner which is under construction, Kuman Learning Center, Maxima Salon, Dance Center Academy and a Jet's Pizza. There is one vacant unit and that is the subject of this evening's pefition. Massage establishments as defined in the ordinance are allowed as a waiver use under Section 10.03(m). This proposed establishment would occupy a 1,120 square fool unit which is near the south end of the plaza. No exterior changes would be made to the building other than maybe a wall sign. They would be permitted one wall sign not to exceed 20 square feet in area. There are a number of special requirements that apply to massage establishments. The first one is that they cannot be located any closer than 400 feet to any other licensed massage establishment. There are no other massage establishments within 400 feet, so it does comply with that special provision. Secondly, there is a requirement that no massage establishment be located closer than 400 feet to any church, school or place of workshop, daycare facility, public library, playground or public park. The proposal fails to meet this requirement. There are three such places located within the prescribed distance The first is the Livonia Assembly of God, which is located directly across Seven Mile. Within that same facility is a Kid Slop child care center. These are about 120 feet distant from the properly in question. Then there is a private tutoring school, the Kuman Center, which is located within Loveland Plaza, just two units north of this particular unit. In order for the petitioner to obtain approval, it will require a separate resolution by the City Council in which two-thirds of the members concur. Lastly, there is a special provision in the ordinance that limits the daily hours of operation from 8:00 a.m. to 10:00 p.m. We have been informed by the petitioner that their planned hours would conform to this time period. So they would comply with that requirement. With that, Mr. Chair, I'll read out the correspondence if you'd like. Mr. Morrow: Please Mr. Taormina: There are four items of corespondence. The first dem is from the Engineering Division, dated September 26, 2011, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced waiver use request. The legal description provided is correct. The addresses assigned for this parcel range from 32606 through 32630 Seven Mile Road. The address for that portion of the building housing this business is confirmed to be 32626 Seven October 4, 2011 25822 Mile Road." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated September 6, 2011, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a massage establishment on property located at the above -referenced address. 1 have no objections to this proposal." The letter is signed by Ead W. Fester, Fire Marshal. The third letter is from the Division of Police, dated September 7, 2011, which reads as follows: 7 have reviewed the plans in connection with the petition. 1 have no objections to the proposal." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated October 3, 2011, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted: (1) This property is located closer than 400 feet to the property of a pre- existing school and place of worship. A super majority of Council would be required to waive this requirement. (2) Effective directional signage and pavement markings need to be installed/applied to direct patrons to the rear parking area. The current one (1) sign on the mansard is not effective and patrons are unaware of the rear parking. (3) The curbs at the landscaping beds in front of the property and in the parking lot need to be repaired or replaced. (4) The existing landscaping needs to be cleaned up, restored and maintained. (5) The parking lot needs to be repaired where deteriorated. (6) The dumpster enclosure needs to have gates installed, and the dumpster needs to be placed within the enclosure at all times. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Are there any questions for the Planning Director by the Commission? Seeing none, is the petitioner here tonight? Would you please come forward and add any comments that you would like to make relative to this petition? Chong Ling Xin, 36697 Seven Mile Road, Livonia, Michigan 48152. Mr. Morrow: Okay. Is there anything you would like to add to the presentation or any comments you'd like to make relative to this petition? Does the Commission have any questions? Mr. Taylor: I don't know who is the representative here, but why did you pick this particular spot? We have one down the streeljusl on the other side of Farmington Road, west of Farmington Road. Why did you pick this spot? October 4, 2011 25823 Ms. Xin: Because I saw there is a lot of neighborhood residents there. Mr. Taylor: Would you speak into the microphone for us? Ms. Xin: Okay. Because I saw some residents live there, and we want to Mr. Taylor: What type of work do you do, like therapy work or is d medical or is it just massage? Ms. Xin: Its therapy. Actually, the practitioner gel the certificate. She has been to the school and she also works in the Laurel Mall and she got the certificate so it's therapy. Mr. Taylor: Thankyou. Ms. Krueger: I just wanted to ask you if you're aware that there are separation requirements for businesses like this. They have to be so many feet from a school and so many feel from churches. Do you understand that al this location it is within those distances? This location is within the restricted area. Did you understand that in choosing this location? Ms. Xin: Al the first we don't know, but right now we know. Mr. Morrow: We need your name and address and then you'll be free to speak. Rayco, 28877 Telegraph, Southfield, Michigan. She is my friend. Now I can speak on her behalf, right? Mr. Morrow: Yes. Rayco: I think there are couple things I need to point out. The first one is, they are professionals because they have the official license and certification with her. She told me she look the training school for massage lessons to get this certification. So this shows she is professional. She takes this seriously. She's been working in massage center in the mall for a couple years. She has plenty a lot of experience in doing massage to different clients, customers. They are good at it. The third thing I need to point out is, for me, I am a Christian. They are Christian too. If we both are Christian, I believe in the bible. We all believe in God. We are daughters and sons of God, and we are brothers, and we should help out each other. I think if they take this job, take this work seriously, there is nothing to hide. It's absolutely, it's 100 percent legal. If doing something illegal were dirty near October 4, 2011 25824 the church, its kind of offensive to God. I don't think a Chnsfian would do something like this. Mr. Morrow: We certainly don't question your integrity or the fad that you met all the requirements of the Slate and the City to perform this. This Commission's concern is our ordinance. This Commission writes the ordinances. We're deficient in several areas as it relates to separation. That's what we're primarily studying here tonight, is whether or not to grant this waiver in lieu of the fad that it goes against the ordinance. In fad, we can't grant the waiver. The City Council would have to do that with a supermajorily based on the separation. So I kind of jumped in there. Are there any other questions or comments from the Commission? Ms. Smiley: We absolutely believe she's licensed or she wouldn't be able to operate. What our Chairman was trying to point out to you was that ordinances were made by the City for the protection of children. Its not that we think you're not doing anything unchristian or anything like that, but we're trying to enforce those ordinances. There is another massage place on the other side of Farmington Road, so you're a very short distance from them. What I'm saying to you is that you need to find a different location. Because you are professional, this location will not work for you. Rayco: May I translate for her because she's confused? Ms. Smiley: That would be great. Yes. Go ahead. Ms. Smiley: So we're not suggesting that you cant run a licensed massage place. Your location is inappropriate. Rayco: So she's wondering, can she just change the address or pick another address? Mr. Morrow: Let me step in here. We're a recommending body. What we have in front of us is a conflict with our ordinance. Now, the City Council has the power to waive that particular distance from the school and church, but its hard pressed for the City Planning Commission to go against its ordinance. So we're not saying you can't prevail there, but it will take the City Council with a super majority to do it. We'll hear from the public on this matter, and then we'll see how the vole goes. I'll instruct you on what the options are, but we don't want to mislead you that at this juncture it's impossible to have an operation at that location. Are there any other questions before I go to the audience? October 4, 2011 25825 Rayco: No. Shall I translate what you said? Mr. Morrow: Yes. Justgoahead. Mr. Morrow: I'm going to ask you to sit down for a minute. I'm going to see if there is anyone in the audience wishing to speak for or against the granting of this petition, then we'll see where we go from there. Rayco: Okay. Sure. Mr. Morrow: Thank you very much. Is there anybody in the audience that wishes to speak for or against the granting of this petition? Sir, we'll need your name and address for the record. If there is anyone else that wants to speak to this petition, if you could come down now and line up at either podium, it will keep the meeting moving. Chnstopher Walls, 19021 Loveland, Livonia, Michigan. I live actually right behind the church and the daycare in question. I'm here to speak against the proposed change in the ordinance. I believe that, yes, they're professional, and yes, they would run a good business, but the ordinance that you guys set in place were set in place for a good reason. I would wish that they would be upheld. Mr. Morrow: Thank you very much. Is there anyone else wishing to speak for or against the granting of this petition? Natalie Waits, 19021 Loveland, Livonia, Michigan. I'm also behind the church, the daycare across from the facility that's being looked at. I agree that, again, I think they would run a fine establishment, but I also would hope that the petition would be denied because the location is inappropriate in accordance with the ordinance. Mr. Morrow: Thank you very much. Does the petitioner have anything else to say before I close the public hearing? Seeing that they're not coming forward, I'm going to close the public hearing and ask for a motion. On a motion by Taylor, seconded by Scheel, and unanimously adopted, it was #10-54-2011 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 4, 2011, on Petition 2011-08-02-13 submitted by Chong Ling Xin requesting waiver use approval to operate a massage establishment at 32626 Seven Mile Road within the Loveland Plaza shopping center, located on the north side of Seven Mile Road between October 4, 2011 25826 Merriman Road and Farmington Road in the Southwest 1/4 of Section 3, which property is zoned C-1, the Planning Commission does hereby recommend to the City Council that Petition 2011-08-02-13 be denied for the following reasons: 1. That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 10.03 and 19.06 of the Zoning Ordinance #543; 2. That the use of a massage establishment at this location does not meet the separation requirements of Section 10.03(m)(3) of the Zoning Ordinance requiring that no massage establishment be located within 400 feet of a preexisting school or place of worship; 3. That the petitioner has not adequately established that there is a need for the proposed use in this area of the City; 4. That the petitioner has not sufficiently demonstreted that the proposed use would be compatible to and in harmony with the surrounding uses in the area; 5. That the petitioner has failed to adequately demonstrete that the facility has the capacity to accommodate the proposed use; and 6. That the proposed use is contrary to the goals and objectives of the Zoning Ordinance which, among other things, are intended to insure suitability and appropriateness of uses. 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. Mr. Morrow: Will the gentleman that was speaking come down for a moment? Yes, please. As I said in my opening remarks, you have len days in which to appeal our decision to the City Council. If you do that, they will ultimately make the final determination as to what will happen. So you have ten days to appeal to the City Council and that's the body that would have October 4, 2011 25827 the ability to waive the reasons that we rejected it here tonight, or most of the reasons. Do you understand that? Rayco: We have ten days to re -submit or contend it? Mr. Morrow: Yes. Just appeal to the City Council. If you need any help, Mr. Taormina in the Planning Office or one of the staff will be glad to work with you if (hats what you choose to do. We certainly appreciate you coming here tonight. It will be forwarded to the City Council should it go there with a denying recommendation. Rayco: Okay. Mr. Morrow: Thank you very much for coming. Rayco: Thankyou. Ms. Xin: Thank you. ITEM #2 PETITION 2011-09-08-07 KSIPLAZA Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2011- 09-08-07 submitted by API — Plan Design Build requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct an addition to the commercial shopping center (KSI Plaza) at 34706-34730 Plymouth Road, located on the north side of Plymouth Road between Stark Road and Belden Court in the Southwest 1/4 of Section 28. Mr. Taormina: This is a request to construct an addition to an existing shopping center. This is the former Plymouth Place Plaza, which is now called the KSI Plaza, named for the kitchen and bath store that represents the single largest tenant within this multi -tenant shopping complex. This center is on the north side of Plymouth, just west of Priscilla Lane. KSI Plaza is about 17,475 square feet. It currently has six operating tenants, including Papa's Pizza, New China Moon Restaurant, a hair salon, EI Coyote Loko Restaurant, Tubby's and KSI. There are two vacant spaces that total approximately 5,600 square feet. These spaces could be divided into two, three or four tenants. The zoning of the property is G7, Local Business. Abutting the property to the north are residential homes that are part of the Alden Village Subdivision. To the west is a vacant commercial building. This is the former Aaron's rental store, and then October 4, 2011 25828 further to the west of that, also zoned C-1, is the location of FedEx Kinko's. To the east across Priscilla Lane, is Budget truck rental, and to the south across Plymouth are various commercial uses, including the former New Car Alternative dealership. The addition that would be built to the shopping plaza would total about 4,518 square feet. It would be built as an extension to the west end of the plaza. The area where the addition would be built presently contains mowed lawn. When completed, the overall size of shopping center would increase to about 22,000 square feel. The addition would accommodate two new tenants. One unit is shown on the floor plan as being about 1,200 square feet in area, and the other unit is roughly 3,300 square feet in size. That's been identified as the location of the future party store. It was in July, 2010, when J&M Beverages received waiver use approval to operate an SDD/SDM license at the Plaza, which would allow for the sale of packaged alcohol products, beer, wine and spirits, for consumption off the premises. The request met all of the special and general waiver use standards and requirements as set forth in the Livonia Zoning Ordinance. However, the request failed to comply with a provision of the Michigan Liquor Control Commission which requires any proposed SDD licensed establishment not be located within one-half mile of an existing SDD licensed establishment. The Bonanza Party Store, 33614 Plymouth Road, is located just within one-half mile from the space that was to be occupied by J&M. Thus, the Michigan Liquor Control Commission denied the request. This building addition will allow J&M to move just beyond the half mile separation requirement, and thus be in compliance with the MLCC's rule. In terms of parking, the shopping center is required to park at a ratio of one space for every 125 square feel of useable floor area where 15 percent or more of the Gross Floor Area of the complex is devoted to places of assembly, including restaurants. The Plaza does presently have two existing limited service restaurants, which constitute roughly 25 percent of the centers Gross Floor Area. The expanded center will require a total of 141 parking spaces. The site plan shows 94 parking spaces available, resulting in a deficiency of about 47 spaces. That will require a variance from the Zoning Board of Appeals if it moves forward this evening. With the elimination of the grassy area where the addition would be placed, the Plaza's landscaped areas will decrease to about 5.2 percent of the total site. The ordinance requires 15 percent of the total site be landscaped. However, this calculation does not factor in the 30 foot wide greenbelt that is located in front of site between the parking lot and Plymouth Road, which is technically not part of the property. It falls within the road right- of-way. This situation is unique to this properly and a couple of October 4, 2011 25829 other properties in this vicinity. Typically, the area beyond the sidewalk is private properly, but in this unique case, the right-of- way of Plymouth Road actually extends about 30 additional feet and encompasses that grassy area in the front yard of the plaza. So we cannot technically include that area in the calculation. If we do and treat it like most other sites located in the City, it would increase to about 17 percent. The exterior of the building would match the architecture of the existing building. The lower half would be constructed out of brick and the upper half would contain an Exterior Insulation and Finish System or EIFS. There would be split -face columns, matching columns along the existing center's front facade, as well as a decorative cornice installed at the lop that would match the existing comice. They have provided us with a general layout of the party store and a detailed layout of the floor area. With that, Mr. Chairman, I'II read out the correspondence. Mr. Morrow: Please Mr. Taormina: There are four items of corespondence. The first item is from the Engineering Division, dated September 16, 2011, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced petition request. The written legal description provided is correct. The site plan indicates that the proposed addition will contain two entryways. The addresses for the new south and north entryways are respectively 34734 and 34766 Plymouth Road. The architect is hereby notified (via copy of this comespondence) that any site changes which would impact public utilities, road right-of-way, easements, or changes in storm or sanitary sewer volumes must be approved by the Engineering Division of Public Works. Should this project proceed, it is also important that the project plans address storm water drainage changes as a result of this project to ensure that then; is no negative drainage impact to any property. In addition, the petitioner is advised that if any work is to transpire in the Plymouth Road right -0f --way, a permit will be required from the State of Michigan Department of Transportation." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated September 12, 2011, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct an addition to the commercial center on property located at the above referenced address. I have no objections to this proposal." The letter is signed by Earl W. Fesler, Fire Marshal. The third letter is from the Division of Police, dated September 8, 2011, which reads as follows: 7 have reviewed the plans in connection with the petition. 1 have October 4, 2011 25830 no objections to the proposed building or parking plans. The only issue 1 have is with the farthest west driveway entrance/exit. At rush hour times, it can be very precarious leaving this lot wanting to make a left (eastbound) tum onto Plymouth through the Pour lanes of westbound Plymouth where it branches out creating two westbound left tum lanes to southbound Wayne and two westbound through lanes. This portion of Plymouth Road routinely backs up to Priscilla Street. 1 would recbmmend a no left tum sign posted in the right of way at the west driveway. Those desiring to make a left tum could go to the eastern most drive, which provides several hundred additional feet of clear vision." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated September 13, 2010, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. This site as proposed will require a Zoning Variance Grant for the deficient parking. If this site has less than 15% restaurant usage of total square footage the parking required is 117 spaces. If the site will have more than 15% restaurant usage the parking required is 140 spaces. Therefore the deficiency will either be 23 spaces or 46 spaces respectively. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Are there any questions of the Director? Mr. Taylor: Mark, when the Planning Commission and the Council originally approved the SDD and SDM license, the parking was exactly the same as it is now. Right? And because of the Liquor Control Commission asking them to put on an addition, that increased the parking. And I right in what I'm thinking? Mr. Taormina: Yes. If I understand your question, the amount of available parking has not changed from the plan that we saw last year. What has changed is, they're adding more building area thus requiring more parking. The deficiency has increased as a result of the proposed building addition. Mr. Taylor: The use is the same as it was when we approved the SDD and SDM? Mr. Taormina: That is correct. By moving the party store over, the result is additional leasable area within the center. Mr. Taylor: Just the way our ordinance is written, it has to have more parking because of the square footage. October 4, 2011 25831 Mr. Taormina: That is correct. Mr. Taylor: Thankyou. Mr. Morrow: Is the petitioner here this evening? Patrick Manor, CEO, API Plan Design Build, 6146 Lone Oak Circle, Grand Blanc, Michigan. Good evening. We've been working on this project for a while now. As everybody knows, we enhanced the exterior and site, and as Mark mentioned, part of that included requesting and getting approval of vacating an extended right- of-way and enhancing that area as well. This is just the next step in the process. Mark has done a very excellent job explaining the project. I could try to answer any questions. One thing I would like to mention, though, is that with respect to parking, we understand we're going to have to go to the Zoning Board of Appeals. We understand that it's deficient according to the current ordinances. My experience is, most communities are kind of revisiting parking requirements and trying to make them more applicable to current times and often we do see parking. I know that's another argument for another group, but I just wanted to mention that. There's never been a parking problem there even years ago when the center was fully leased and active. It appears to me that the site was designed to have an addition at some point in time. I don't remember when it was constructed, but it was kind of designed where the patch of grass looked like it would have been a clear potential extension of the building. If anybody has any questions, I'd be happy to try to answer them. Ms. Krueger: How much of the plaza is vacant right now? Mr. Manor: There are currently two spaces vacant. I think about 5,000 square feet. Ms. Krueger: Is that enough for a restaurant potentially? Mr. Manor: It certainly is enough for a restaurant. If we had a prospective restaurant tenant, we'd have to address the parking issues and that type of thing. Typically, Mark had mentioned that it's more than likely that it will be divided into more spaces with small shops that are more like run4n ran -out type shops, not necessarily sit down eating. Ms. Krueger: Okay. Thank you October 4, 2011 25832 Mr. Wilshaw: I know you've been working on the landscaping in the front of the building, the bene area that's in the front. You brought that down somewhat and made it a little bit more visible for the cars to see the stores, but there's been some concern that maybe it was taken back a little too much, that there's not enough landscaping there. More trees could be planted. Are you aware of those concerns? Mr. Manor: I am. We've expressed that we're open to working with the City and the Planning Department to bring it up to whatever they believe @ should be. Mr. Wilshaw: Okay. So you're willing to work on that and get those extra plantings in? Mr. Manor: Absolutely. We'd like to provide a plan and have it approved and detailed size trees and all that. Mr. Wilshaw: Okay. Sounds good. As Mark said in his initial presentation, this addition is basically going to be seamless to anybody who would be coming there, to not know that this was not part of the original design. Same materials, everything is going to match color -wise and all that. Mr. Manor: Yes. Right down to the limestone on the columns and the lights, it will match seamlessly. Most people wont even know, like you said, that it's an addition. Mr. W Ishaw: Okay. The side of the building that's going to be the new end, if you will, on the side of the party story, is that just a ander block wall as it is right now? Mr. Manor: Mark, can you bring up A3? That's what it will look like from a side view. The facade will be turned. The column will be turned around the corner. From the road, @ will be finished around the corner, and the rest of @ beyond is very difficult to even see. Mr. Wilshaw: That's perfect. I just didn't want it to cut off. It looks very good. Thank you. Mr. Morrow: Are there any other questions from the Commissioners? Mr. Taylor: Just a comment about the parking situation and our ordinance and other cities are looking at ordinances about the parking. That's why we're as unique as we are. And that's why you never had a problem with parking because we make sure that you have enough parking for people to come in and they can October 4, 2011 25833 come and go. It's a little unique for Livonia, but I guess that's why we're Livonia. Thank you. Mr. Morrow: Any other questions of the petitioner or comments? Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, a motion would be in order. On a motion by Wilshaw, seconded by Taylor, and unanimously adopted, it was #10-55-2011 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2011-09-08-07 submitted by API — Plan Design Build requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct an addition to the commercial shopping center (KSI Plaza) at 34706-34730 Plymouth Road, located on the north side of Plymouth Road between Stark Road and Belden Court in the Southwest 1/4 of Section 28, be approved subject to the following conditions: 1. That the Site Plan marked Sheet 1 of 1 dated August 25, 2011, as revised, prepared by Engineering Services, Inc., is hereby approved and shall be adhered to; 2. That the Petitioner shall work with the Planning Department and the Plymouth Road Development Authority (PRDA) to install additional landscaping along Plymouth Road; 3. That the Exterior Building Elevation Plan marked Sheet A3 dated August 31, 2011, as revised, prepared by API — Plan Design Build, is hereby approved and shall be adhered to; 4. That the brick used in the construction shall be full face four (4") inch brick; 5. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 6. That this site shall meet the Wayne County Storm Water Management Ordinance and shall secure the necessary permits, including storm water management permits and soil erosion and sedimentation control permits, from Wayne County and/or the City of Livonia; October 4, 2011 25834 7. 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; 8. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 9. That no LED lightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 10. That the petitioner shall comply with the following stipulation in the correspondence dated September 8, 2011 from the Police Department: That a no lett tum sign shall be posted in the nghW-way at the west driveway with any limitation on the time of such turning movements to be determined by the Police Department; 11. 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, 12. 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. Morrow: Is there any discussion? Mr. Taormina: If possibly the maker of the motion would accept an amendment addressing condition #10 with respect to the "no lett tum" sign, and that is, if the Police Department should approve a "no lett tum" for limited hours. In other areas with similar situations, they've reslncted the turning movements to certain hours. If the Police Department is not adverse to that type of change, I wouldn't want it to be contraryto our resolution. Mr. Morrow: If limited hours satisfies the Police Department, does the maker and the supporter have any objection to that amendment. Mr. Wilshaw: No. I will go along with that. Mr. Taylor: No problem. October 4, 2011 25835 Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Thank you very much for coming forward. We look forward to seeing the results of this petition and good luck. Mr. Manor: Thank you very much. Good evening. ITEM #3 PETITION 2011-09-08-08 PREMIER MEDICAL Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2011- 09-08-08 submitted by Premier Medical Building Associates, L.L.C. requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to remodel the exterior of the existing commercial building at 20292 Middlebell Road, located on the east side of Middlebell Road between Bretton Road and Eight Mile Road in the Northwest 1/4 of Section 1. Mr. Taormina: This petition involves property located in the Northwest 1/4 of Section 1. Section 1 is the square mile that is bounded by Middlebell Road to the west, Eight Mile Road to the north, Inkster Road to the east and Seven Mile Road to the south. This property on the east side of Middlebelt between Bretton and Eight Mile Roads. It is roughly 2.75 acres in size and it has 196 feel of frontage along Middlebell Road and a depth of a little over 600 feel. The zoning of the property is G7, Local Business. Abutting the site to the north is Clarenceville United Methodist Church, which is zoned RUF, Rural Urban Farm. The same zoning extends to the east where there are a number of residential homes that front along Parkville Avenue. The rear lot of the homes abut the subject property. To the south is the site of the Woodwinds Office Complex and Clarenceville Middle School. To the west across Middlebell Road are a variety of commeroial uses. This site was developed originally in 1977 as a furniture showroom and warehouse. In 1979 and 1987 additions were constructed onto the building. The occupants at this location included Classic Interiors and then most recently Milan Furniture. Under the C-1 zoning category, professional offices, including medical, are treated as a permitted use. This request proposes to transform the building into a medical clinic that would be called Premier Medical Center. This building is about 53,181 square feet in size, so it's a fairly large building. The plan proposes to decrease the useable part of this building for office purposes. In addition, a portion of the building along October 4, 2011 25836 the north side, about 3,000 square feet, would be demolished. This would provide additional room for a driveway and parking. The interior space would be divided in three primary functions. The front area, which constitutes about 18,600 square feel, will contain medical suits and related components, including exam rooms, an x -my room, a waiting room, a nurses station as well as an in-house pharmacy and physical therapy services. The middle portion of the building, about 12,400 square feet, would be used primarily for slorege purposes. The largest component to the space at the rear section of the building, about 22,180 square feet, would be converted into an indoor parking garage. Parking is probably the biggest issue related to the reuse of this site and building. Furniture stores require only one space for every 500 square feet of gross floor area, whereas medical and general office uses typically require somewhere between 110 to 200 square feet of useable floor area per parking space. This site presently contains 53 off street parking spaces that reflect its former use as a furniture store. The plan includes a detailed parking analysis which breaks down required parking for each category of use within the building. According to these calculations, a total of 104 parking spaces are needed to support the overall use. The spaces, including the spaces in the garage, will provide a total of 122 spaces. So they are in compliance with the parking as it has been analyzed. The Planning and Inspection Departments have reviewed the parking study, and we concur with the calculations. The middle section of the building, which I indicated was going to be used for storage, is not figured into the parking requirements. When you look at the parking provided on site, you will see that there are spaces available in the front of the building, along the entire north side of the property, as well as a portion of the rear. These are spaces that are already available. Additional spaces would be provided along the north side. Then as I indicated, this rear portion of the building would be used for parking. A total of 37 spaces would be provided within this part of the building. The entrance to the parking garage would occur on the north side with access to the main drive aisle. Looking at landscaping, approximately 22 peroent of the site would be landscaped, which exceeds the minimum requirement of 15 percent. They've provided details on all other aspects of the plan, including the light fixtures. One would be a decorative light fixture that would be part of the building, and then wall packs would be used above the entryways. The dumpster area is shown at the rear of the building. I know the Planning Commission had some questions with respect to how trash was going to be treated. I believe some of the answers to those questions have been provided to you. In terms of the architecture of the building, this rendering represents what the October 4, 2011 25837 front or west elevation of the building will look like upon completion of all the improvements. As you can see, it will be completely refinished. The same treatment would be extended along portions of the north and south elevations where the offices are shown. The exterior treatments include a limestone veneer along the base with brick and cultured stone along the upper parts of the facade. The red area above the windows represents metal awnings. The entryways into the building on the front and the north sides would be defined with an extended roofiine or facade above those areas. A similar feature would be provided along the north elevation where there would be another entryway. You can see the corners would also receive a similar type of facade treatment. This pretty much represents what the building would look like. Its a dramatic improvement over what currently exists at the site. Again, this building has been vacant for a couple of years. We look forward to this proposal. There's one other aspect I'd like to point out in terms of signage. We haven't analyzed the signage. They haven't submitted a detailed sign package as of yet. We suspect everything will be conforming to the ordinance. One benefit would be the removal of an existing pylon sign that exists within the front yard. With that, Mr. Chairman, I will read the correspondence before l answer questions. Mr. Morrow: That would be fine Mr. Taormina: There are four items of correspondence. The first dem is from the Engineering Division, dated September 26, 2011, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced plan approval request. The work involves the demolition of a small corner of the building, followed by the conversion of this area to additional parking spots. The written legal description at the top of plan sheet SP -1 is connect, and the address for this site is confirmed to be 20292 Middlebelt Road. The plans indicate that no work is to be done in the Middlebelt Road right-of-way. Should it become necessary to do work within the right -06 -way, the developer will have to obtain a permit from Wayne County. The plans also indicate (sheet L.1) that the area of the existing detention pond is to be pruned and cleaned as needed. A site inspection of the pond has confirmed that this work is needed." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated September 22, 2011, which reads as follows: "This office has reviewed the site plan submitted in connection with a proposal to remodel the exterior of the existing building on property located on at the above -referenced address. 1 have no objections to this proposal with the following stipulations: (1) October 4, 2011 25838 Adequate hydrants shall be provided and located with spacing consistent with the use group. (2) This division requests that the entrance drive be posted on both sides, 'Fire Lane - No Parking.' (3) Fire lanes shall be not less than 20 feet of unobstructed width, also to withstand live loads of fire apparatus, and have a minimum of 13 feet 6 inches of vertical clearance." The letter is signed by Earl W. Fesler, Fire Marshal. The third letter is from the Division of Police, dated September 20, 2011, which reads as follows: 9 have reviewed the plans in connection with the petition. 1 have no objections to the proposal." The letter is signed by John Gibbs, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated October 3, 2011, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted: (1) The gates on the dumpster enclosure shall be steel or maybe as approved. (2) Two additional barrier free parking spaces are required and all barrier free parking spaces are required to be properly sized, signed and striped per code. (3) All parking spaces are required to be a minimum of 10 feet by 20 feet double striped. (4) The space noted as storage must remain ancillary storage and not be changed to additional office or clinic space without first revisiting the number of parking spaces required. (5) The address on the building shall be a minimum of 4 inches high. (6) No signage has been reviewed at this time. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Are there any questions from the Commissioners? Ms. Smiley: Mark, at the meeting, we discuss those parking spaces, and they are 10 feet by 20 feel. Mr. Taormina: Yes, that is conect. Ms. Smiley: Are they for the inside parking? Mr. Taormina: Yes, the inside parking spaces will be 10 feet by 20 feet. Ms. Smiley: Do we know if the inside parking is staff only? Mr. Taormina: I'm referring back to an email sent to Mr. Miller from the architect to see if they answered that question. I dont see it, so maybe we can have the petitioner answer that question. Ms. Krueger: Mark, do you know how or if the rooftop mechanicals are going lobe screened? Will the tower block them? October 4, 2011 25839 Mr. Taormina: I believe the roofline is going to be extended higher than what is presently there. This parapet is going to be raised a few feet. Since the existing equipment is not visible, I can't imagine that it would be visible with the changes. The question to the arohitect is, will they be moving some of those rooftop units closer to the front of the building and will the existing parapet be sufficient to conceal those. Ms. Krueger: Okay. Thank you. Mr. Morrow: Is the petitioner here this evening? Please come forward. Ghassan Abdelnour, GAV & Associates, Inc., 21471 Northwestern Highway, Suite 2, Farmington Hills, Michigan 48334. Good evening. I am representing the owner, Dr. Suliman. He is with me here tonight to answer any questions. Mr. Morrow: Is there anything you'd like to add to Mr. Taormina's presentation? Mr. Abdelnour: First, I thank the Planning Department and the Engineering Department. We went through the process with them from the beginning, and they were leading us and helping us all the way. I just want to say one thing, we're willing to work with the City to do whatever we need to make the project successful. That's why we are here tonight. I can answer some of the questions. I know in the meeting, the private meeting was done, they had some questions about the materials used outside. We are using full brick and four inch limestone at the bottom. So there is no thin back in the building. The only part that we're using the thin material is the stone at the entrances because they use wire mesh. It's part of the system. Everything else is four inch and we are planning to put fooling for it in front of the building. For the height, we're going to make sure that we're not going to see the unit because we are making it like two feel higher, and the existing unit doesn't even show on that side. We dont want to see it either. If we have to add it one more block or something, we will do that. Especially for the owner, he doesn't want to see R from the fence, and we want to make sure that it's hidden. For the parking in the back, most of the parking is going to be used by everybody, even the public can use them really. It's not only for the workers in the building. The back parking, the covered one, can be used by the public. For the trash part of it, anything medical, there is a special company that picks up all the medical stuff from each suite. We dont put them in the lmsh dumpster. The lmsh dumpster is for regular trash, like garbage, regular papers and stuff like this. For the signage, we didn't go too far October 4, 2011 25840 yet, who are the doctors and what's coming to the center. Its hard for us to come up with the signage yet. We're sure we're going to meet the requirement in the front. The signage company will submit their drawings to meet all the requirements for the City. Anything else, we try to work with the site to make it more accessible. That's why we decided to take the 3,000 square feet from that building just to open the site a little bit more and make it more accessible for everybody driving to the site. We're not planning to touch the entrances to the site. We're hoping that we don't have to deal with Wayne County for that, but this is up to that point. We are resurfacing all the existing asphalt. We're planning to fix all that part. We're trying to do whatever we can just to make the building look good and be a good neighbor. Mr. Morrow: We appreciate you answering some of the questions that some of the Commission had. I'm going to see if the Commission has any additional questions. Mr. Abdelnour: I do have a material sample. Mr. Morrow: We'll just pass that along. Mr. Abdelnour: The top part of the building is going to be dryvit. Mr. Morrow: Thank you for bringing that. Mr. Taylor: First of all, what you're doing with the building is very nice. It looks very good. Its a great improvement for that area. Are you affiliated with any type of hospital? These physicians, are they already on board? Do they own the business or the building? Nabil Suliman, Premier Medical Building Associates, 4589 Wabeek Forest, Bloomfield Hills, Michigan 48302. 1 have a private practice in Livonia. I've been there for 14, 15 years. We've been expanding. Our group is growing, and we've been working on getting more, different specialfies in this building. Most of these physicians are local physicians. Most of them are either affiliated with St. Mary Hospital or Providence, St. John's system. Mr. Taylor: They normally go through St. Mary Hospital then because you're local? Dr. Suliman: Yes. Basically, I am a staff physician at Sl. Mary's. Most of the physicians are actually local in Livonia and most of them either October 4, 2011 25841 are on staff at St. Mary's or St. John's Providence in Providence Park. Mr. Taylor: I see you're going to have a pharmacy. Can you have a pharmacy inside of that building? Dr. Suliman: Yes, of course. There are multiple medical buildings like this where they have an in-house pharmacy. Most of the time, really, its most of the customers will come from the same building but actually they will be open to the outside patients or customers. Mr. Taylor: Could I ask when you plan on, if this is approved, opening up? Dr. Suliman: The sooner the better. We plan on moving whenever we have the plan approved, actually to move right way with the construction. We already have several physicians or medical professionals already lined up to be with us in this. Myself, I will be in one of these suites. Already there are like three other suites that are confirmed and two others we're still talking to some other people. We feel that this is going to be a very nice facility, and its going to offer quality and service for the patients because instead of them going all over the place, they might have everything they need in this facility. Mr. Taylor: I didn't quite understand the interior parking. Are the doors going to be open? Are there going to be doors there to go inside the building to park, or is itjust a parking complex? Mr. Abdelnour: Its parking but it's connected to the building from the back. So there's an exit to it to the medical center. Mr. Taylor: So the public can park in it, also, I heard you say. Mr. Abdelnour: That's right. Yes. During the day, the parking is open, but at night, maybe we're going to have a gale for safely reasons. We will close it because we don't want anybody to gel to the building. We're going to have windows in it, but all the windows are going to have some kind of metal or fences that nobody can gel to the building inside. Mr. Taylor: What hours would you be operating? Dr. Suliman: Most of the medical practices will be between the hours of 8:00 a.m. to 6:00 p.m. One of our suites actually might be an urgent care, so they might have late hours. Maybe the latest would be 10:00 P.M. October 4, 2011 25842 Mr. Taylor: Thankyou. Ms. Scheel: Will there be any patients slaying overnight? Dr. Suliman: No. This is outpatient. Ms. Scheel: Okay. Thank you. Mr. Wilshaw: What's going to be stored in the storage area, medical records of what? Mr. Abdelnour: Mainly medical records and maybe some furniture and stuff like that. Really, it's very simple. All the offices, we're trying to make it more efficient on the front part. So anything they need they can put it in the back part. Mr. Wlshaw: The reason I ask is, I see that area has what appears to be windows to the outside in that storage space. Are those faux windows or are they actual functioning windows that someone can see through? Mr. Abdelnour: They are actually windows because we want the look of the building to match, especially we're making an entrance on the side to make it easy for people to walk in the wintertime. We just want to make it look like part of the whole complex. Mr. Wilshaw: Is there any concern with having medical records in a storage room that has windows in it that could be easily broken or are there going to be bars on the windows, or is that not an issue? Dr. Suliman: Medical records now are gelling less and less. I have implemented electronic medical records. We still have some. Its not going to be requiring a huge space like to store, but storage is important for us. I tell you now, we have a full basement of storage items. We always can use that. It might be, down the road, if we need it, we might actually develop some kind of office space, like basically for our Billing Department or something else, but we dont have any intention of developing this at this time. At this time, we elected just to keep it as storage. Mr. Wilshaw: The only other question I had was the pond being somewhat overgrown. The greenbelt in the back is overgrown. That's going to be all cul back. Mr. Abdelnour: We did meet with the Engineering Department, and they recommended that. We said we're planning to do it anyway. October 4, 2011 25843 Mr. Wlshaw: This is a tired looking building right now, and the proposal that you've shown us and the materials and so on are very, very attractive. I think it will be a really nice improvement for that area. I appreciate it. Thank you. Ms. Smiley: We granted a greenbelt to Classic Interiors. Does that automatically go to them, or do we have to do anything about that? Mr. Taormina: I don't believe there was anything that limited that approval to the petitioner. The approval "runs with the land." After they get through cleaning up the back area, if there is a need to supplement the screen, then maybe the resolution should include some language that would give us flexibility of working with the petitioner to put additional plantings in that area to provide an adequate buffer. I don't see the need along the north line where the churoh is. This is going to be a much more attractive building than the side of the warehouse, so I don't see why we would need a lot of landscape on the north side. But the east side where it abuts residential, if there are some bare areas after its cleaned up, maybe we should get some supplemental trees planted back there. Mr. Morrow: Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, a motion would be in order. On a motion by Scheel, seconded by Krueger, and unanimously adopted, it was #10-56-2011 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2011-09-08-08 submitted by Premier Medical Building Associates, L.L.C. requesting approval of all plans required by Section 18.58 of the City of Livonia Zoning Ordinance #543, as amended, in connection with a proposal to remodel the exterior of the existing commercial building at 20292 Middlebelt Road, located on the east side of Middlebelt Road between Bretton Road and Eight Mile Road in the Northwest 1/4 of Section 1, be approved subject to the following conditions: 1. That the Site Plan marked Sheet SPA dated September 14, 2011, as revised, prepared by GAV Associates, is hereby approved and shall be adhered to; 2. That the visitor and employee parking spaces shown on the site plan shall be double striped, including the provision of barrier free parking, and all regular parking spaces shall be 10' x 20' in size as required; October 4, 2011 25844 3. That the Landscape Plan marked Sheet L.1 dated September 14, 2011, as revised, prepared by GAV Associates, is hereby approved and shall be adhered to; 4. That all conditions imposed by Planning Commission Resolution #5-88-2001, which granted approval to substitute a greenbelt for the protective wall along the north and east property lines, as outlined in Section 18.45 of the Zoning Ordinance, shall remain in effect to the extent that they are not in conflict with the foregoing conditions; 5. That after cleaning up the rear of the property, including any overgrown invasive vegetation, the petitioner shall work with the Planning and Inspection Departments to add landscaping where needed to adequately buffer the adjacent residential properties; 6. That the Exterior Building Elevation Plan marked Sheet A.201 dated September 14, 2011, as revised, prepared by GAV Associates, is hereby approved and shall be adhered to; 7. That the brick used in the construction shall be full face four (4") inch brick; 8. That the three walls of the existing trash dumpsler area shall be repaired as needed and repainted to match the building finish color. New enclosure gates of either solid panel steel construction or durable, long-lasting solid panel fiberglass shall be installed and maintained, and when not in use, closed at all times; 9. That only conforming signage is approved with this petition, and any additional signage shall be separately submitted for review and approval by the Zoning Board of Appeals; 10. That no LED Iightband or exposed neon shall be permitted on this site including, but not limited to, the building or around the windows; 11. That the issues as outlined in the correspondence dated September 22, 2011, from the Livonia Fire and Rescue Division shall be resolved to the safisfaction of the Inspection Department and/or Engineering Division; October 4, 2011 25845 12. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; and 13. Pursuant to Section 19.10 of Ordinance No. 543, the Zoning Ordinance of the City of Livonia, this approval is valid for a period of one year only from the dale of approval by the City Council, and unless a building permit is obtained and construction is commenced, this approval shall be null and void at the expirelion of said period. Mr. Morrow: Is there any discussion? Ms. Scheel: The item that Mr. Taormina referenced, where would be the best place to put that in here? Mr. Morrow: Item 4. Ms. Scheel: Item 4? Okay. Mr. Morrow: After it's cleaned up, to augment any plantings that may be needed. Does that fit all right, Mr. Taormina? Mr. Taormina: It does. We'll fashion the language. Mr. Wilshaw: Just a brief comment that I appreciate the petitioner's look at this building and the really attractive plan that he's presented. These types of buildings, large furniture stores like this particular building, are hard to re -purpose often times. This is a very creative and attractive reuse of this building. I think it will workwellthere. Thankyou. 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 2011 -08 -SN -01 MISSION HEALTH Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2011- 08 -SN -01 submitted by ASI Signage Innovations requesting approval to replace the ground signs of the medical center (Mission Health Livonia) at 37595 Seven Mile Road, located on the south side of Seven Mile Road between Newburgh Road and the 1-275/96 Expressway in the Northeast 114 of Section 7. October 4, 2011 25846 Mr. Taormina: This is a request to replace existing ground signs at Mission Health Livonia, which is located on the south side of Seven Mile between Newburgh Road and Glengarry Drive. This is a four story medical facility. It's about 68,000 square feel of total floor area. This is zoned PO, High Rise Professional Office. The ordinance dealing with signage, Section 18.50, allows two monument signs on the basis that this site contains more than 200 feet of frontage along each of two major roads, Seven Mile and Newburgh. This is a uniquely shaped site. Along the north side, the site has frontage on Seven Mile, and then almost the same situation exists along the east side of the site where it has frontage along Newburgh Road. Because each of these segments of the property are more than 200 feet in length, they are entitled to a monument sign at each entryway. Under normal circumstances, each sign would be limited to an area of 30 square feet, 6 feet in height, and it would have to be set back 10 feet from the right-of-way. What Mission Health currently has are two identical signs, one off Seven Mile and one off Newburgh, that were approved in 1996. They measure roughly 30 square feet in area but the height is about 8 feet. They were granted variances back in the mid-1990's to exceed the height requirement by a couple of feel. What they would like to do today is increase the size of those signs, basically install two new signs in place of the two existing signs. These new signs would each be 88 square feet in area and roughly 9 feel 9 inches in area with an overall height of 11 feet. They want to increase the height by roughly 3 feet and more than double the size of the actual message placed within the sign area. At the top of the sign would be the main identification for Mission Health. Then there is a one line variable electronic message board located below the cross. Below that shown in a finished silver pattern are six individual panels that would identify various components of the site, including the Mission Health or St. Mary Meroy and St. Joseph affiliation with those hospitals, the urgent care, and then some small panels that I believe would be used to identify individual doctors or medical suites within the facility. Variable electronic message signs are allowed but only in commeroial zoning districts. With that respect, this does not comply and they would have to go to the Zoning Board of Appeals regardless for height and area, but in addition to that, the inclusion of the variable electronics message sign. What we typically allow is that they can constitute no more than 50 percent of the area of the sign, and the message must remain in place for a minimum of five seconds. The change of message must be accomplished within one second and shall occur simultaneously over the entire face of the variable electronic message sign. One of the things we have to discuss with the petitioner this evening is how that message is displayed on this October 4, 2011 25847 panel. Something that scrolls continuously or intermittently would probably not comply with our restrictions as it pertains to the frequency in how those messages change. That's something that this body and the Council and the Zoning Board of Appeals ultimately will have control over, limiting how that takes place. Again, the area devoted to the variable electronic message board is about 15 square feel, which represents about 17 peroent of the total sign area. The new signs would be constmcted primarily out of aluminum and would be internally illuminated. We have one item of correspondence, Mr. Chairman. I'll read that out. Mr. Morrow: Please Mr. Taormina: There is one item of correspondence from the Inspection Department, dated September 20, 2011, which reads as follows: "Pursuant to your request, the above -referenced petition has been reviewed. The following is noted. (1) The proposed ground signs exceed the maximum required height, length and square footage allowed. A variance from the Zoning Board of Appeals must be obtained to maintain the excess height, square footage and length. (2) There is currently a variance from the Zoning Board of Appeals for nonconforming signage on this property. Variable electronic signs are only permitted where all signage on the property is conforming. A variance from the Zoning Board of Appeals would be required to install variable electronic signs. This Department has no further objections to this petition." The letter is signed by Jerome Hanna, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Morrow: Are there any questions? Seeing none, is the petitioner here this evening? We will need your name and address for the record. Amy Davenport, ASI Signage Innovations, 1119 Wheaton, Troy, Michigan 48083. Mr. Morrow: Thankyou. Are there any questions forthe petitioner? Ms. Smiley: Do you want to talk to us about what would go in the moving sign? Ms. Davenport: The display is a full color RGB electronic display. It is controlled by a software package that would be operated internally from the building. Basically, building management would have control over the signage, the duration of the messages, the method with which they change from one message to another. I believe the intent is basically to provide updates on hours, particularly for the urgent care portion of the facility, also to October 4, 2011 25848 announce any new tenants that may move in, just kind of general announcements, but specifically messages pertinent to the urgent care facility. Ms. Smiley Is this color rendering pretty accurate? Ms. Davenport: In terms of ... Ms. Smiley: Would the sign be kind of brown like that? Ms. Davenport: Its a dark brown with a full wood grain accent panel for the cross portion of their logo. Ms. Smiley: And then those panels are kind of silver looking? Ms. Davenport: They would be brushed aluminum, or actually, I think they're painted aluminum. It's a metallic silver. Ms. Smiley: Do you think those show up pretty good? Ms. Davenport: Well, the drawing, because there's some effects in there, doesn't really do it justice. Essentially, the text on the tenant panels is routed through so you will be looking at the dark brown of the background, but they are going to be given sort of a halo individual tenant panel treatment for each panel. You'll gel sort of a soft illuminated effect without each individual panel actually be internally illuminated. Ms. Smiley: I'm thinking the whole point of the sign being that big is that you can read it. Ms. Davenport: There's only so much you can do with lighting in terms of doing a drawing, so its a little ghosted out in that particular drawing, but it would be more of an indirect lighting effect. Ms. Smiley: And the "urgent care' would remain red and stand out? Ms. Davenport: Yes. Ms. Smiley: Okay. Thank you, Mr. Chair. Mr. Morrow: While we're on that subject, I think the intent that we were trying to get to was on the message portion of it, that we don't have a moving sign going across, that the image will come up so you will see the total image as opposed to seeing it flashing across. Is that your intent? October 4, 2011 25849 Ms. Davenport: Like I say, it is controlled by a software program and you can dictate it to change whichever method you want, and if its just a static one second change, that can be programmed. Mr. Morrow: You'd see the whole sign and it would flash at the same time without moving. Ms. Davenport: You can do it without the fancy effects. Mr. Morrow: That's where we're trying to get to is the fact that it doesn't move except in changing the message. Ms. Davenport: Right. It can be strictly a one take. Mr. Morrow: That's fine. Mr. Taylor: The sign is going to be externally illuminated or internally? Ms. Davenport: Internally. Mr. Taylor: It will be internally illuminated. Ms. Davenport: Yes. The tenant panels have illumination, what we refer to as halo illumination. So the lighting is internal to the panels and it kind of splashes against the body of the sign, but the sign cabinet itself is also internally illuminated to light up the lettering that reads Mission Health and the address number. It's all illuminated via LED components. Mr. Taylor: Its a much better looking sign than what you have now. You've done a nice job. One of the problems you do have, though, because I go by there quite frequently, is that some of the trees, especially on Seven Mile where you're coming north, kind of hide that sign. You might want to do a little shrub trimming. The one on Seven Mile is in pretty good shape. Ms. Davenport: As was pointed out, it is rather an unusually shaped lot and the driveways are situated in kind of unusual positions on that lot. They're at the very far outskirts of either end of the lot, and the building is surrounded by a considerable amount of greenspace. So the reason basically that we are trying to propose a somewhat larger sign is due to the unusual nature of the lot itself. The extreme setback that the building is from each major thoroughfare that it technically borders, but it's very far away and it has a lot going on between the road sides and the building. October 4, 2011 25850 Mr. Taylor: This is a very large complex, like you say, and it needs that type of signage, I believe. Thank you. Mr. Morrow: Is there anything else? Is there anything else you'd like to add? Cheryl Grosscup, Kirco Management, 101 W. Big Beaver Road, Suite 200, Troy, Michigan 48084. I'm the property manager of the building. I just wanted to add more regarding the banner on the sign. We've done a lot of upgrades to the building itself and we've brought in a lot more tenants in the building recently. Our goal is to announce if it's flu shot season, breast awareness month, various things like that, so people are aware of the services that we're offering in the building. Ms. Smiley: Who are your new tenants? Ms. Grosscup: We're under construction expanding Infinity Pnmary Care. They were a tenant in the building at 11,646 square feel. They are bringing doctors from other locations to our building. We're under construction. We've just started actually Monday, and they'll be occupying 19,014 square feel, along with the Sl. Mary Meroy residency program, who is going to be occupying another 3,000 square feet, a medical spa, Dr. Mouk has also joined. He's mostly from the east side. He's a vein physician and a cosmetic physician. He was at 26 Mile and he also just opened a location. We've showed space. We have an oral surgeon also very interested in the building we're working with right now as well. So we've gone from 64 percent occupancy up to close to 80 percent occupancy in the past few months. Ms. Smiley: Then now you're no longerjust associated with Providence? Ms. Grosscup: The building is actually owned by St. John's Providence and Trinity Health, which is part of St. Joseph Mercy Oakland as well, thus forming the entity of Mission Health. So its owned by both entities. Mr. Morrow: Did you noljusl improve the parking lot over there? Ms. Grosscup: Yes, we did. We literally took the parking lot down. We did some surface work several years ago. That's a bandaid effect more or less, and we just took the parking lot down four inches and put a whole new lot in, upgraded secunty. So we've put a lot of money into the building recently. Mr. Morrow: It didn't go unnoticed. Ms. Grosscup: Good. I'm glad. October 4, 2011 25851 Mr. Morrow: Is there anybody in the audience that wishes to speak for or against the granting of this petition? Seeing no one coming forward, a motion would be in order. On a motion by Krueger, seconded by Scheel, and unanimously adopted, it was #10-57-2011 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on September 20, 2011, on Pefifion 2011 -08 -SN -01 submitted by ASI Signage Innovations requesting approval to replace the ground signs of the medical center (Mission Health Livonia) at 37595 Seven Mile Road, located on the south side of Seven Mile Road between Newburgh Road and the 1-275/96 Expressway in the Northeast 1/4 of Section 7, which properly is zoned PO, the Planning Commission does hereby recommend to the City Council that Pefifion 2011 -08 -SN -01 be approved subject to the following conditions: 1. That the Sign Package prepared by ASI Signage Innovations dated August 2, 2011, is hereby approved and shall be adhered to; 2. That the Site Plan received by the Planning Commission on August 29, 2011, is hereby approved and shall be adhered to; 3. That this approval is subject to the petitioner being granted variances from the Zoning Board of Appeals for excessive sign area, excessive height and for the inclusion of the variable electronic message sign and any conditions related thereto; 4. That the operation of the variable electronic message sign shall conform to Section 18.50(0) of the Zoning Ordinance; 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. Morrow: Is there any discussion? Mr. Wilshaw: Just a brief question of Mr. Taormina. Section 18.50(0) of the Zoning Ordinance, is that basically the part of the Zoning Ordinance that says that messages have to stay for a certain period of time and the transitions and all those types of things? October 4, 2011 25852 Mr. Taormina: Precisely. Mr. Wlshaw: Okay. Thank you. Ms. Scheel: Mr. Taormina, I had a question on condition #5. If the sign is illuminated internally, what does that condition have to do with R? Mr. Taormina: That's standard language. Is this a 24 hour operation? Ms. Grosscup: No, the urgent care closes at 10:00 p.m. every day, seven days a week though. Mr. Taormina: Do you desire to keep the sign on all night? Ms. Davenport: We would prefer to if we can, but if that's part of the ordinance to shut it off, then ... Mr. Taormina: Its the standard language we include on most of our commercial businesses. If there's something unique with this case where you want to allow them that opportunity to keep it Id all night, its up to the Commission. Ms. Krueger: My only concern would be that since it advertises urgent care and people are driving around at midnight and looking for urgent care and see that sign, that they don't think it's open if it's on. Ms. Smiley: Are the hours posted where it says urgent care? Ms. Davenport: We could post them on the sign that it says they're open from 8:00 a.m. to 10:00 p.m. We could do that if that would help resolve this, and the mock-up does have the hours. Ms. Scheel: I thought I saw that on the red part on the sign that it did have hours on it. Ms. Krueger: That would be fine then. Mr. Morrow: Does the maker of the motion and the supporter agree? Ms. Scheel: I'm good with it staying on all night. Ms. Kruger: Yes, if the hours for urgent care are listed on the sign. Mr. Morrow: Okay. Then we'll make that amendment to condition#5. Ms. Scheel: That was #5, yes. October 4, 2011 25853 Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. You will also have to see the Zoning Board of Appeals. Thank you for coming in. You have a very nice facility there and its getting better. Ms. Grosscup: Thankyou. Ms.Davenpod: Thank you very much. ITEM #5 APPROVAL OF MINUTES 1,010 Public Hearings and Regular Meeting Ms. Scheel, Secretary, announced the next item on the agenda, Approval of the Minutes of the 1,010 Public Hearings and Regular Meeting held on September 20, 2011. On a motion by Taylor, seconded by Scheel, and unanimously adopted, it was #10-58-2011 RESOLVED, that the Minutes of 1,010 Public Hearings and Regular Meeting held by the Planning Commission on September 20, 2011, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: Taylor, Scheel, Smiley, Krueger, Wilshaw, Morrow NAYS: None ABSENT: Bahr ABSTAIN: None Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Morrow: Is there anything else to come before the Commission tonight? Mr. Wilshaw: Even though we probably lost all our viewing audience to the Tigers' game, I do want to take a brief point of privilege if you don't mind. Ken Green is one of Livonia Television's employees that has worked for the last several years to bring our meetings to the community and works in the booth in the back and helps gels the graphics on the screen and all the other good sluff that they do back there. He has got a job offer out of state and tomorrow is going to be his last day. So I'd like to wish him well on behalf of the Commission and hope he does good in his new job. October 4, 2011 25854 Mr. Morrow: Congratulations. I'm sure that Livonia Television will carry forward, but I'm sure he'll be missed. On a motion duly made, seconded and unanimously adopted, the 1,015" Public Hearings and Regular Meeting held on October 4, 2011, was adjourned at 8:38 p.m. ATTEST: R. Lee Morrow, Chairman CIN PLANNING COMMISSION Lynda L. Scheel, Secretary