1 00:00:01,439 --> 00:00:08,880 Uh tonight the cases will be held by myself heard by myself Jay Lewis Douglas 2 00:00:06,080 --> 00:00:14,160 Finingstep and Jason Brewer. Uh at this point I'd like to ask for an 3 00:00:10,960 --> 00:00:17,840 approval of the agenda noting that number three has been 4 00:00:15,759 --> 00:00:21,279 withdrawn. >> I make a motion to approve. 5 00:00:20,000 --> 00:00:25,439 » Second >> take roll please. 6 00:00:24,160 --> 00:00:26,720 » Mr. Finsteag. >> Yes. 7 00:00:25,760 --> 00:00:28,000 » Mr. Brewer. >> Yes. 8 00:00:27,119 --> 00:00:34,480 » Mr. Lewis. >> Yes. Item number two, the approval of 9 00:00:30,880 --> 00:00:38,239 the minutes from March 23rd, 2026. We have two uh two commissioners that were 10 00:00:36,480 --> 00:00:42,160 there. It's my understanding we can't approve them. Motion to approve. 11 00:00:40,320 --> 00:00:45,280 » I make a motion to approve the minutes from um what was that? February 12 00:00:44,320 --> 00:00:47,200 » March 23rd. >> February 23rd. 13 00:00:46,320 --> 00:00:48,800 » March 23rd. >> March 23rd. 14 00:00:48,160 --> 00:00:53,520 » Yeah. >> Oh, as Oh, yeah. Oh, sorry. March. Uh as 15 00:00:52,160 --> 00:00:57,600 as documented. >> Okay. I'll second roll, please. 16 00:00:56,480 --> 00:00:58,879 » Mr. Finstein. >> Yes. 17 00:00:58,079 --> 00:01:01,440 » Mr. Brewer, >> I cannot say yes to this one there. 18 00:01:00,480 --> 00:01:02,559 Correct. >> Or 19 00:01:01,920 --> 00:01:07,200 » you can. >> Oh, okay. 20 00:01:04,479 --> 00:01:10,720 » Yeah. Okay. Oh, yes. >> Yes. 21 00:01:08,000 --> 00:01:15,439 » And I say yes as well. >> All right. 22 00:01:12,320 --> 00:01:20,159 Skipping number three, we will now um do a quasi judicial hearing for a major 23 00:01:17,680 --> 00:01:28,479 adjustment to a planned unit development case 1-2026 24 00:01:22,799 --> 00:01:33,200 PUD for 8342 and 8352 Beach Avenue. on behalf of 7-Eleven. 25 00:01:30,479 --> 00:01:40,560 Because this is a uh quasi judicial hearing, I need to read 26 00:01:36,799 --> 00:01:44,159 a two-page document to you. Upon hearing bringing the case to Okay. 27 00:01:42,720 --> 00:01:46,880 First, I'll outline the procedures for the commission will follow in a hearing 28 00:01:45,520 --> 00:01:50,320 and deciding this matter. Under the zoning resolution, our decision is 29 00:01:48,560 --> 00:01:54,720 subject to appeal to the board of township trustees and then to the court 30 00:01:52,320 --> 00:01:58,399 of common please. As a result, we must employ different procedures from other 31 00:01:56,320 --> 00:02:03,119 cases that are typically presented for to the zoning commission. Because this 32 00:02:00,799 --> 00:02:07,119 is a quasi judicial proceeding, the commission will only receive evidence as 33 00:02:04,880 --> 00:02:11,360 whether the applicant meets or does not meet the standards and criteria in the 34 00:02:09,280 --> 00:02:15,280 zoning resolution. We do not want to hear opinion, just facts relating to 35 00:02:13,599 --> 00:02:19,360 compliance with these standards and criteria. As a result, all persons 36 00:02:17,920 --> 00:02:24,480 presenting testimony before the commission, whether for or against the 37 00:02:22,480 --> 00:02:29,680 applicant's position, may only do so after being sworn in. All witnesses will 38 00:02:27,599 --> 00:02:33,280 be subject to cross-examination. The staff will present a summary of the 39 00:02:31,440 --> 00:02:38,879 application. The applicant will then present its case. The board members may 40 00:02:36,000 --> 00:02:43,519 ask questions of the staff or anyone who speaks on behalf of the applicant. If an 41 00:02:41,519 --> 00:02:47,280 attorney presents the case for the applicant, the attorney is not sworn in 42 00:02:45,360 --> 00:02:51,519 and is not considered to be a witness. As a result, the attorney statements are 43 00:02:49,360 --> 00:02:55,280 not considered as evidence. Evidence only comes in through the witnesses who 44 00:02:53,440 --> 00:02:58,720 testify before the commission after being sworn in. The burden is on the 45 00:02:57,280 --> 00:03:03,760 applicant to present the evidence for the application sat that satisfies the 46 00:03:01,599 --> 00:03:07,920 standards and criteria for approval. After the applicant presents its case 47 00:03:06,000 --> 00:03:11,519 through the witnesses, all persons in the audience supporting the applicant 48 00:03:09,360 --> 00:03:15,360 will be permitted to testify one at a time after being recognized by the 49 00:03:13,120 --> 00:03:18,720 chair. When all the persons supporting the applicant are finished, those 50 00:03:16,800 --> 00:03:23,120 opposed to the applicant will then be permitted to testify after being 51 00:03:20,239 --> 00:03:27,920 recognized by the chair. If anyone in opposition in is represented by an 52 00:03:25,120 --> 00:03:31,519 attorney, that party will go first, followed by any members of the audience. 53 00:03:29,840 --> 00:03:34,959 As stated previously, all persons wishing to testify, whether for or 54 00:03:33,120 --> 00:03:38,959 against the applicant, may only do so after being being sworn in. When 55 00:03:37,519 --> 00:03:43,680 testifying, each person from the audience must come forward to the podium 56 00:03:41,680 --> 00:03:46,959 after being recognized, speak into the microphone, and state their name, 57 00:03:45,280 --> 00:03:51,040 address, and any affiliation to the case. All persons testifying will be 58 00:03:49,280 --> 00:03:55,440 limited to four minutes unless a commission member requests that they be 59 00:03:52,480 --> 00:03:58,959 given additional time. All testimony is directed to the commission only. No 60 00:03:57,519 --> 00:04:02,640 comments or questions are repeat directed to the applicant or anyone else 61 00:04:00,720 --> 00:04:08,640 in the audience. The commission will only hear new non-re repetitive evidence 62 00:04:06,239 --> 00:04:13,120 or questions. Should someone wish to show support of previous testimony, they 63 00:04:11,280 --> 00:04:17,120 can do so by simply following the testimony procedures and stating their 64 00:04:14,640 --> 00:04:21,440 support for the previous testimony. Now, will all the persons uh giving testimony 65 00:04:19,600 --> 00:04:27,680 this evening please stand and raise your right hand? 66 00:04:24,320 --> 00:04:32,240 Okay. Seeing one and you do you swear to tell do you swear to tell the truth the 67 00:04:30,160 --> 00:04:34,000 whole truth and nothing but the truth so help you guide. 68 00:04:33,040 --> 00:04:40,960 » Yes. >> Thank you. At this time I will let staff 69 00:04:37,199 --> 00:04:45,040 um present their summary for case 1-2026 pud major adjustment for uh the speedway 70 00:04:44,400 --> 00:04:46,639 711. >> Thank you. 71 00:04:45,360 --> 00:04:53,360 » Oh you have the floor. >> Um yes the case number here should be 1 72 00:04:50,320 --> 00:04:58,479 2026 PUD. This is a major adjustment. The applicant is Macy Downing on behalf 73 00:04:56,320 --> 00:05:05,120 of McBride Delclarian on behalf of 7-Eleven and the property owner is EMRO 74 00:05:02,080 --> 00:05:09,680 Marketing Company in Speedway LLC. The location [snorts] is at 8342 and 8352 75 00:05:07,919 --> 00:05:15,280 Beachmont Avenue and the current zoning there is EPUD. It's a plan unit 76 00:05:12,479 --> 00:05:20,240 development and the PUD was placed on the property um in February, February 77 00:05:17,840 --> 00:05:26,759 the 23rd, 2026. That's when the zoning commission approved the redevelopment of 78 00:05:21,919 --> 00:05:26,759 the property to 7-Eleven gas station. 79 00:05:27,919 --> 00:05:35,440 The um case before you tonight is a proposed freestanding sign. It's a 80 00:05:33,360 --> 00:05:40,639 monument style sign which is 10 feet tall. The total calculation um because 81 00:05:38,560 --> 00:05:45,120 it's 10 feet tall, we use the base and the actual lettering of the word uh or 82 00:05:42,960 --> 00:05:49,840 the lettering of the sign. So the total square footage is 135 square feet. If 83 00:05:47,919 --> 00:05:53,280 you do the calculation without the base, and that's how the applicant um 84 00:05:51,520 --> 00:05:59,520 calculated the square footage. It's at 94.7 square feet, but it is a monument 85 00:05:56,320 --> 00:06:04,160 style sign with a stone base. Um and it's located or proposed to be located 86 00:06:02,320 --> 00:06:09,120 at the intersection there of 8 Mile Road and Beachmont Avenue. Um, as was 87 00:06:07,120 --> 00:06:13,919 discussed back in February with the application for the redevelopment of the 88 00:06:10,960 --> 00:06:18,160 corner, the township is also um, in coordination with this project 89 00:06:16,000 --> 00:06:25,039 constructing a right turn lane on beach on 8 mile uh, road um, for westbound 90 00:06:22,000 --> 00:06:28,880 turns onto Beachmont Avenue. So, the applicant is dedicating rightway for 91 00:06:27,280 --> 00:06:35,600 that project and the township is constructing that right turn lane. So 92 00:06:31,440 --> 00:06:39,840 the current um wall and sidewalk there will be moved back um not the wall the 93 00:06:37,759 --> 00:06:44,960 wall will be removed but the [snorts] um current sidewalk will be moved back to 94 00:06:42,400 --> 00:06:49,520 uh for the right turn lane. So zoning history the existing speedway 95 00:06:46,960 --> 00:06:53,360 was constructed in 1991 um and then the mall's building was 96 00:06:51,039 --> 00:06:58,240 built we think around 1900 it had a subsequent addition in 1999 as well. Um, 97 00:06:56,639 --> 00:07:02,800 the McCall's building has been vacant since 2021, and that's when it was 98 00:07:00,400 --> 00:07:06,639 transferred to Speedway. Like I said before, the zoning 99 00:07:04,560 --> 00:07:13,680 commission approved the PUD back in February, and that was for a 4,746 100 00:07:11,199 --> 00:07:19,039 square foot store fueling station with six uh fueling dispensers, signage, and 101 00:07:16,720 --> 00:07:26,160 landscaping. The impervious surface ratio was 75%, which was current is down 102 00:07:22,240 --> 00:07:32,479 actually from the um previous 90%. And then the zoning certificate for the 103 00:07:28,080 --> 00:07:38,080 new store was issued May the 13, 2026. And I believe it um has been issued a 104 00:07:34,880 --> 00:07:41,360 building permit as well. Um during February during the public hearing, the 105 00:07:39,759 --> 00:07:45,599 zoning commission placed two conditions on the approval. That was number three, 106 00:07:43,680 --> 00:07:50,160 that the proposed freestanding sign be modified to a monument sign consistent 107 00:07:47,759 --> 00:07:55,199 with the township design guidelines. And then condition number 13, that the poll 108 00:07:52,400 --> 00:07:59,120 sign submitted that was during that application [snorts] period um not be 109 00:07:57,199 --> 00:08:02,400 approved and that the design be resubmitted to the zoning commission for 110 00:08:00,879 --> 00:08:06,639 consideration. So that's what you're reviewing tonight is the freestanding 111 00:08:03,919 --> 00:08:10,639 sign only. To refresh your memory, the area 112 00:08:08,400 --> 00:08:15,440 outlined in red that is the site in question which incorporates the current 113 00:08:12,479 --> 00:08:20,000 Speedway as well as the McCall's. And I should say the um the branding at the 114 00:08:17,919 --> 00:08:23,680 time in February was Speedway. It has changed to 7-Eleven. So, this will be 115 00:08:21,759 --> 00:08:27,840 constructed as a 7-Eleven and not a Speedway. 116 00:08:25,759 --> 00:08:31,599 This is the topography. It's relatively flat. 117 00:08:29,759 --> 00:08:37,039 This is an aerial of the site in question. Again, the existing fueling um 118 00:08:34,240 --> 00:08:42,240 canopy store and this is the McCall's building that wraps around the site. 119 00:08:40,000 --> 00:08:49,040 The current zoning, this site is the PUB. The red is some type of retail. the 120 00:08:46,320 --> 00:08:54,240 um yellowish greenish the E that's planned retail and then there is some 121 00:08:51,279 --> 00:08:59,519 office in the vicinity. So this is the signage plan, um site 122 00:08:58,000 --> 00:09:03,120 plan, the elm here that