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HomeMy WebLinkAboutPLANNING MINUTES 2012-12-18MINUTES OF THE 1,034rH PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, December 18, 2012, the City Planning Commission of the City of Livonia held its 1,034`h 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: Scott P. Bahr R. Lee Morrow Lynda L. Scheel Carol A. Smiley Gerald Taylor Ian Wilshaw Members absent: Ashley V. Krueger Mr. Mark Taormina, Planning Director, 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 wnting, 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 2012-10-01-06 RJ REALTY Ms. Scheel, Secretary, announced the first item on the agenda, Petition 2012-10- 01-06 submitted by RJ Realty Holding Company, L.L.C., pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the properties at 37450 and 37478 Schoolcraff Road, located on the north side of Schoolcraff Road between Newburgh Road and Richfield in the Southeast 1/4 of Section 19, from OS (Office Services) and R -U -F (Rural Urban Farm) to C-2 (General Business). December 18, 2012 25509 Mr. Taormina: This rezoning request involves two parcels, 37450 and 37478 SchoolcraR Road. The request is to rezone these properties from their current zoning classifications of OS, Office Services, and RUF, Rural Urban Farm, to the C-2 General Business classification. These properties are located at the northwest corner of SchoolcraR Road and Newburgh Road. Immediately to the north and to the west of the subject properties are homes that are part of the Zimmerman and Porters SchoolcraR Estates Subdivision, which are zoned RUF, Rural Urban Farm. Across Newburgh Road to the east is the site of the Felician Sister's properly or vacant land owned by Madonna University, and to the north of that is the developed portion of the Angela Hospice Care Center. To the south across the highway are industrial properties, but immediately adjacent to the properly on the south side with frontage on SchoolcraR Road is the 1-96 Expressway. The properties in question measure in combined area about 2.58 acres. This includes 375 feel of frontage along SchoolcraR Road by a depth of 300 feel along Newburgh Road. The OS zoned property is 37450 SchoolcraR and that parcel measures 300 feel by 300 feel. It contains a 25,400 square fool one-story office building which is currently vacant. The RUF property, which is 37478 SchoolcraR abutting the OS property along its west property line, measures about 75 feel along SchoolcraR Road with an equivalent depth of 300 feel. Currently this site has a garage located on it. Included with the petition is a conceptual plan that shows how the site might be developed should the rezoning move forward. The purpose of the rezoning is in anticipation of a complete redevelopment of the properties for both retail and office purposes. The conceptual plan shows a single L-shaped building measuring approximately 20,367 square feet in gross floor area. The configuration and the placement of the building is very similar to what currently exists. The building would be divided into five units. There would be an office with approximately 9,200 square feet located on the northerly portion of the site. There are four other tenant spaces shown including three restaurants - one full service restaurant measuring about 5,300 square feet, two limited service restaurants measuring 1,600 square feet and 1,880 square feet, respectively, and then a convenience store that totals roughly 2,300 square feet. The plan also shows five fuel dispenser islands located in front of the convenience store between the building and Schoolcmft. These would have the capacity to accommodate two pumps per island or a total of roughly 10 vehicles. Also anticipated as part of the development would be a drive-thm lane, which is shown on the west side of the building. That indicates one of the limited service restaurants would contain the drive-thru portion. The access to the site is shown both from Schoolcraft as well as Newburgh December 18, 2012 25510 Roads as it currently exists, although this plan does show two additional drive approaches close to the intersection of Newburgh and Schoolcraft Road. There are two existing approaches, one in the southwest comer of the properly and then another existing drive approach off Newburgh Road in the northeast comer of the property. More details on the layout and the development of the restaurants would be provided at the time the site plan or waiver use is applied for if this rezoning moves forward. In terms of the Future Land Use Plan, it currently shows the site as a combination of both office and residential which reflects the current use of both properties. With that Mr. Chairman, I can proceed with reading the correspondence. Mr. Morrow: If you would please Mr. Taormina: The first item of correspondence is from the Engineering Division, dated November 26, 2012, which reads as follows: "In accordance with your request, the Engineering Division has reviewed the above -referenced rezoning request. The written legal description provided is conect. The addresses for these two parcels are confirmed to be 37450 and 37478 Schoolcraft Road. Sanitary sewer and water main are both located in the Schoolcraft Road right-of-way for these parcels. Stormsewerto serve this parcel is located on the east side of Newburgh Road. Both Schoolcraft and Newburgh Roads are under the jurisdiction of the City of Livonia. The petitioner is hereby notified (via copy of this correspondence) 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 important that the developer's architect/engineer address storm water drainage changes as a result of these site changes, to ensure that there is no negative drainage impact to any property. Stormwater tmatment/retention will be required. We art; providing the owner, for informational purposes, a copy of Section 13.42 of the City Ordinances. This Ordinance limits the amount of Fats, Oils and Grease (F.O.G.) which can be discharged to the City sanitary sewer system to 100 milligrams per liter by weight, unless written approval is obtained to exceed this amount. This Ordinance also provides information on grease trap/Interceptor requirements. The Ordinance is also available on our website at wwwci.livonia.mi.us." The letter is signed by Kevin G. Roney, P.E., Assistant City Engineer. We have also received a petition that reads as follows: "The following Livonia residents and homeowners oppose the rezoning of 37450 and 37478 Schoolcraft Road, located on the north side of Schoolcraft December 18, 2012 25511 between Newburgh and RichfWd, hom OS (Office Services) and RUF (Rural Urban Farm) to C-2 (General Business)." This petition is signed by 146 persons. We also have a letter dated December 18, 2012, which reads as follows: "We moved to this section of Livonia in 2003 specifically because of its current zoning and country charm. We strongly oppose this request submitted by RJ Realty Holding Co. to rezone properties at 37450 and 37478 Schoolcraft Road. We hope our Planning Commission members will adhere to our current zoning laws. We also feel this could create much more traffic. As you know, RichfWd is a dirt road and very costly for the City to maintain. More traffic would put more stress on our road and its residents. Therefore, we urge you to deny this request. Unfortunately, a prior commitment has kept us from attending this hearing. Thank you for your services to the citizens of Livonia." The letter is signed by William and Janet McWhorter, 14050 Richfield Street. That is the extent of the correspondence. Mr. Morrow: Are there any questions for the staff? Mr. Wilshaw: Through the Chair to the Planning Director, we don't really have a mixed used zoning available in the City. We've talked about this in the past, which is essentially what theyre asking for on this properly though. If we rezone it to C-2 and there is still an office building on the property, how is that office building handled as far as the rezoning? Is that an acceptable use in that zoning or does that become a waiver for that use? Mr. Taormina: The office would be treated as a permitted use under the C-2 zoning. It's deemed a less intensive commercial use and is therefore part of all the permitted uses within the C-2 zoning. Mr. Wilshaw: Okay. Thank you. Mr. Morrow: Are there any other questions? Seeing none, I'll request the petitioners to come forward. We will need your name and address for the record please. Tony Monk, 17348 Pershing Street, Livonia, Michigan 48152. I'm the land planner representative for the petitioners. I'm also the landscape architect so when we move to site plan submittal, I'll do the planting plans. It will look very similar or better to the color graphic that we presented. A little bit of history. As you correctly stated, it's presently an office use with two large brown office buildings connected by a corridor that have been vacant for three years and are generally out of scale to the neighborhood and offer no real service to the neighborhood. The intent for this development is to offer services that are in December 18, 2012 25512 scale and a building that is in scale to the community and are supported by the local neighborhood and community as well as all the Felician Sister's properties, the university, the high school, the hospitals. So we see in this piece of land an opportunity to provide a walkable mixed use development that is supported by the neighborhood. I live at Six and Inkster behind the Value Center. I'm 300 feet from the Value Center. It's a little bit longer walk because I have to go around it. Since moving to Livonia two and half years ago, I haven't driven to get groceries once, and that's the vision for this development. It's not a grocery store obviously, but to walk to gel your coffee, to walk to this neighborhood gnll restaurant, this mixture of uses is intended to make the paroel more attractive and f11 that office space. What the developer sees is competition in this market to fill the office space, people competing with places like Northville which is a very walkable little community. Birmingham and its downtown is very walkable. Ann Arbor is competition. So the idea is to make the office space viable again and all of this mixture of uses, a mixed use zoning, would be ideal. Each use helps the other one stand up and it makes this parcel more viable. It makes the community walkable. It will get a higher walkabilily score and hopefully raise the adjacent property values by making it more attractive to the next generation of home buyers while protecting the existing homeowners through vegetative buffers, nice landscaping, the maximum height and width of barter walls that we're allowed to put in we'll put in. The cut off lighting to meet the standards - all the standards are in place to protect the homeowners and we'll do that. Even better, we'll make a viable vibrant piece of property that's no longer vacant, which to me personally is more scary. I can't imagine if my corner at Six and Inkster had been vacant for three years. I'd much prefer to have something that I can walk to and do our business. And that's the idea for the property and that's what really makes it, in our mind, a nice addition to the community, supportive of the neighborhood, moving towards this walkable idea, the way that Livonia and its Master Plan is trying to gel to. I think that's pretty much the summary. Architecturally, what we're trying to do with these buildings ... this is the existing building. We're just shaving some off the front of it and adding this character to make them into more pedestrian scaled, it looks like it belongs in a neighborhood. It's no longer a big block of office space. Put a new skin on everything and put new little facades and bump -outs and windows and really make this thing an attractive piece of the community as opposed to this office that's just kind of plopped in here. We feel very strongly that the mixture of uses is going to increase the value of the property and make it viable. I think December 18, 2012 25513 I'll lel Rick, the developer, fill in because he's done some more legwork and fill in any gaps that I've missed. Mr. Morrow: Thankyou. Rick Wynns, RJ Really Holding Company, L.L.C., 33655 Elmira Court, Livonia, Michigan 48150. I'm an owner in RJ Realty Holding Company. If I could just follow up to what Tony had said. I'm a Livonia resident for 16 years and have raised three children here. I live in a very similar situation to this which we actually moved in the area for. In having the three children, we went from our home in the back of the community almost .9 miles to walk out of neighborhood. It started with pushing buggies, pulling the cart with the kids in it and riding our bikes up there, walking and going up to say the Senate or the Subway. It definitely brings a more vibrant and aftemoon activity that you can get involved in and obviously eat your extra Coney fries because you know you're going to walk home if you choose. If not, its still something that we enjoy as our family and our entire neighborhood does, the Omngelawn Woods Subdivision. We all go up there. We meet up there. It's a meeting place for all of us, and a friend from there is actually opening a restaurant right across the street so we will walk to that as well. With that though, knowing what people like and need and desire in customer service, we will bring to this project a small town feel and everybody that walks in there will be treated like the people that are serving you actually care that you're there. Customer service these days is not worth a darn in a lot of places. You can go in and it's like you're bugging somebody because you want a product that they are supposed to be serving. We will guarantee that we will do our best to make this a place that you want to go back to. For instance, I used to go to a particular store for the first 10 years of my Livonia residence, and for the last four or so years I've been going to Buscemi's on Plymouth Road instead of the other place because the general manager, Ray and LaMar, treat you .... they know me. They know my kids' names. They give the kid a lollipop, my boy, my kids, and to me that's means something in an environment, in a community. It's not just buying something and walking out and going home and going to the next store and buying something and walking out and go home or to work. I'd like to provide that opportunity. I understand a situation like this with a coffee shop will bring a lot of police to the area. Cops, donuts, coffee we will keep the police officers of Livonia well stocked with their needed caffeine as long as we possibly can if offered that opportunity. But back on the community orientation, I would love to be a part of supporting local sports teams, chanty events, golf outings under whatever name, if it's under the December 18, 2012 25514 corporation name or a tenant name. But that's our idea and I did speak with many of the folks in the audience tonight and brought the idea to them to speak with them and share directly with them so they feel informed, and I certainly honor and appreciate community involvement, however it may work out, but that's the objective and I try to stay involved in the community as well. Mr. Morrow: We appreciate the fact that you did take the time to meet one on one with some of the residents in the area. Mr. Wynns: As many as possible, sir. Mr. Morrow: Is there anyone else in your group that would like to present? Does the Commission have any questions of the gentleman? Mr. Bahr: Are you going to be operating these restaurants or will they be subleased out? You were talking as if you were going to be managing them. Mr. Wynns: We intend to own and operate each entity. Mr. Bahr: Do you have prior experience doing that? Mr. Wynns: My first business is actually a hotel in Battle Creek. We have turned that hotel around. I actually have letters from the Battle Creek Chamber of Commerce and Visitors Bureau that states how well we are involved in the community and the money we've put into the property. We're doing very, very well within just one year now. January 1 actually, will be one year. Mr. Bahr: Do you currently own the existing building? Mr. Wynns: This building? Mr. Bahr: Yes, the building that's on the property. Mr. Wynns: A purchase agreement has been signed. Mr. Bahr: And you're saying that building is vacant right now or mostly vacant? What is the vacancy rete of that building? Mr. Wynns: There is one tenant I believe that rents approximately 2,000 square feet, and it's currently 25,000 plus square feet. We intent to consolidate it for ease of movement. Mr. Bahr: Has that been the case for a long time, or what's been the vacancy rete in that building, say the last five years? December 18, 2012 25515 Mr. Wynns: I can't speak to five years but the last several years I'm quite sure it's only been that one tenant that I'm aware of. I've spent a lot of time in that parking lot. Mr. Bahr: Okay. Thank you. Mr. Morrow: Anyone else? Is there anyone else in your party that would like to add anything? Mr. Wynns: I don't believe so, but if I could add one more thing. Mr. Morrow: Certainly. Mr. Wynns: On the community, and I'm sorry I overlooked this, we anticipate just the tenants, not the office space, bringing at lead 60 jobs to Livonia residents. We would obviously prefer community, local residents be at the college, high school level, whomever chooses to work within Livonia, any qualified Livonia resident is going to be offered fret prionty for employment. Mr. Morrow: Okay. Thank you. Mr. Bahr: One more question if I could. Have you done any studies as far as just the market for additional restaurants in that area? Mr. Wynns: Not specific as in hiring a marketing company or anything, but my business partner has numerous stores, restaurants and we've been doing our own personal studies, and talking to a lot of people in Livonia slating that it could use another such entity. Mr. Bahr: I'm all set. Thank you. Mr. Wilshaw: I want to hear the residents before I gel into too many questions, but I do want to understand your thought process as to why you came up with this type of proposal at this property. Was it that you saw this property and said, hey, I can envision this being a multi -use facility, or is it, hey, here's this office building that doesn't seem to be doing so well. Let's figure out something else to do with it. What brought you to this property and this particular proposal? Mr. Wynns: I would say yes to both of those questions. It was, yes, I envisioned this project. As I mentioned previously, because of where I live, the pleasure it brings to my family and neighbors as well as it's got so much future potential. I want to remain in Livonia. I intend to remain in Livonia and retire in Livonia. I want my kids to stay in Livonia. It depends on where they go to Mr. December 18, 2012 Yes. 25516 Mr. school and all that, but I think it's an opportunity to look down Okay. the road for opportunities in Livonia. Mr. Wilshaw: Okay. Thanks. Mr. Morrow: Commission, anything else? I'm going to ask you to step aside. Al this juncture I'm going to go to the audience. What you saw here tonight is a zoning request. We've seen things on the site plan that would require, should this be approved, the petitioner to come back to seek waiver use, which would be the gas station. Mark, do we have any type of waiver for the drive-lhru? Is that a requirement? Mr. Taormina: That is a separate waiver use requirement as are the restaurants. So you've got potentially four types of waivers, maybe even five, depending on other operations within the convenience store. Mr. Morrow: I just wanted to clear that up for the benefit of the audience. Even though the zoning is C-2, that does not in itself allow the whole operation as we see it tonight to go forth without additional waivers as indicated by the Planning Director. So with that note, is there anybody in the audience that wishes to speak for or against the granting of this petition? I'll ask you to come to one of the either two podiums and we'll need your name and address for the record. If there is going to be a group, in the interests of time, we would appreciate it you would position yourself so you can easily get to the podiums so we can move the meeting right along. James Maedel, 13980 Richfield, Livonia, Michigan 48154. 1 approximately back up to this. See the second lot in off of SchoolcraR Road? See that beautiful cement red wall that's going to be 50 feel from my back door? Mr. Morrow: Yes. Mr. Maedel: Okay. I built my home in 2000 and I came to this area because of the rural and country atmosphere that it brings us. When I built, I came to the City, or my builder came, and we knew that the lot behind me was rural and the other one was office business, which meant it was a Monday through Fnday, 8 to 5 operation. That was my choice. I was all right with that. In fact, the gentleman even asked, he said, he told my builder, he says by rights I have to put a cement wall across. Do you want it? I said, no. You've got a beautiful building. You guys are here Monday through Friday. I have no problem. I don't need the wall. Wide open space. I understand where he's coming from. December 18, 2012 25517 He likes going up to where he's at, but the question to me is, he moved there knowing that was there. I moved there, built there, knowing what was there. With that said, I dont want it rezoned. I want it to stay as it is. You asked in the Iasi five years how empty that building was. They had the union there up to two, three years ago, and it was solid. They filled it to the max. We all went through a recession. I lost my job. My biggest asset is my house. You put this in; my value is going down. I asked the man that came to my door, I said, answer me a question. Would you want it in your background? I understand where you're coming from. I said, no, do you want it in your backyard? Well, I understand where you're coming from. He didn't answer me, but he did. No he doesn't. He can give you all the song and dance he wants, but I myself am totally upset about this. There are plenty of empty buildings and paroels throughout Livonia. You don't have to come into our residential area and upset housing. A lot of questions haven't been answered. Is this a 24 hour, 7 day a week? Il dont matter. I don't care if they close at 5:00 at night. I don't want gas stations behind my house. I don't think any of you would either. The traffic is going to be atrocious. There is no right hand tum lane on Newburgh. To get out of the gas pumps, you either got to shoot across all lanes of SchoolcraR to gel to the bridge to turn around, or drive a half mile down for the turnaround, or conveniently, Tel's turn around on Richfield and go down through the subdivision. We have enough traffic with people going to the expressway from the subdivision but that's all right. They're residents. We're not asking for more. Is this a necessity to the City of Livonia that we have this with all the closings of restaurants throughout the building? Go down Farmington Road. How many gas stations have closed in the last couple years? We closed one at Six and Farmington, didn't we? We closed one at Seven and Farmington and the same at Eight and Farmington. This seems like a great business to gel into. Change in the general business I think just opens the door to whatever they want to do. If this don't work, the zone's changed. We cant redo it. One thing, this brought me together meeting a lot of neighbors. Me and my wife and a few of the neighbors walked around with petitions. There is no one there for it. One person said, I'm neutral. I don't want to get involved. Everybody else is, where do I sign? We were told that if that got rezoned office, it would never change and it definitely wouldn't go to retail. Here we are today. I live in Livonia. I was born in Livonia, moved out, came back and raised my kids in Livonia. I used to live behind the Olive Garden at Middlebell. A fad, a great piece of parcel right there that they lore Chi Chi's down. Three and half acres. You're not into the residential area. You've got buildings and buffers. Here you're laking away my buffer. You're going to put December 18, 2012 25518 that rural lot, tear that down, you'll be 50 feet from my backdoor. I have a swimming pool with a deck. I might as well throw it away. I'm going to sit there and waive at the guys going to the drive lhm. This is real great. I just hope, and I ask you, would you guys want it in your backyard? I don't think so. I don't want it. My house is my biggest asset. Please don't ruin it. We're just coming back. I don't need to go to the bottom. I won't be able to sell it. Who would want it? It was different where gas stations are by housing. The houses came after the gas stations. That's a choice. This isn't a choice. My choice was an office building. Thank you. Mr. Morrow: Thankyou foryour comments Kimbedy Rize, 14281 Richfield, Livonia, Michigan 48154. 1 just want to say a couple things in response to the second gentleman who spoke about what the community wants, needs and desires, and with all due respect, I don't believe he understands or knows what the community wants, needs or desires. The areas he spoke about that were within walking distance, I did not hear that they contained a gas station. And for development purposes, there's plenty of areas that need development right at Five and Newburgh. So just up the road, if he could do something with that, that's something that the community would truly appreciate. Some points though that I would like the Planning Commission to consider while they're reviewing the request. What is the Master Plan for the Newburgh and Schoolcraft intersection? What is the best use for the land at the northwest corner? Do we know the future usage of the northeast comer? If zoning were changed, at what point do the adjoining properties become nonconforming to the Master Plan? What is the lax benefit to the City to rezone? Along 96, no other gas station abuts up to residents. They are all adjoined to other commercial property. We are concerned that people will try to avoid turning onto Newburgh because it's so close to the traffic light and it will be congested with traffic and that they will use Richfield as a detour. Richfield does not have sidewalks. Children walk in the street. Children play in the street. People walk their dogs in the street. Richfield is a dirt road. We already have trouble keeping it maintained and it could not sustain the increased traffic. We are asking that you preserve the sanctity of Northwest Livonia neighborhoods and not change the current zoning. Thankyou. Mr. Morrow: Thankyou. Mary Maedel, 13980 Richfield, Livonia, Michigan 48154. My thought is the front of our house is at the back of our house so we will see their Barbara Morrison, 37526 Schoolcraft, Livonia, Michigan 48154. My home is the first house directly west of this lot in question here. I won't bother to repeal everything they've said but I do oppose it. I don't want a gas station, the traffic, the lights, the bells ringing at the gas pumps, the doors slamming, the car doors opening and closing. There's an office building there. Its not an eyesore. It's well done. The owner keeps the grounds up nicely. If these fellows can move in there and they can rent it, I don't know why they could when the current owners can't rent it. If they want to put in a small restaurant right up on Newburgh and Five Mile, there's a Subway, a pizza shop. We don't need another fast food in there. I understand they like to walk to their restaurants. I don't know if they walk to their gas station, but I don't. I have December 18, 2012 25519 cement wall 2417. I really don't want to see that out of my backdoor or out my back windows. Mr. Morrow: Take your time. We've got all night. Ms. Maedel: I'm sorry. Please don't change our neighborhood. Our neighbors love our neighborhood as it is. I'm sorry. Why do you have to do it at our comer? There's other corners - Middlebell and 96, Levan across the street from the old Observer. That's all open and it won't bother any neighborhood. We have four gas stations. We have two gas stations up at Levan and Five Mile. We have two up at Five and Newburgh. Why do we need another gas station? Why do we need restaurants? The smell is going to be coming into the back of our house. We will never get to open our windows again because of the smell. The traffic, the light, the noise is all going to be in our house or in our backyard and sluff. We bought it because we like it, because it was in the country, a city in the country and sluff, and now you do this. Its like a city instead of us being the country. Please don't upset our neighborhood and our neighbors because we love our neighborhood as it is. One Iasi question like my husband asked you, would you want it in your backyard? I can't imagine. That's not all of it, but I'm trying to keep myself together. I'm sorry. Thank you very much. Mr. Morrow: Don'tapologize. You're talking about your home. Ms. Maedel: I just don't want it changed, and the drive-lhru will be right by our back window. So if they start honking the horn, we're going to hear the horns and all the nonsense in the back because we're right there. So we're going to have all the lights, the noise, the sounds, the smells, from what's going on in the corner. I'm sorry. Thank you. Barbara Morrison, 37526 Schoolcraft, Livonia, Michigan 48154. My home is the first house directly west of this lot in question here. I won't bother to repeal everything they've said but I do oppose it. I don't want a gas station, the traffic, the lights, the bells ringing at the gas pumps, the doors slamming, the car doors opening and closing. There's an office building there. Its not an eyesore. It's well done. The owner keeps the grounds up nicely. If these fellows can move in there and they can rent it, I don't know why they could when the current owners can't rent it. If they want to put in a small restaurant right up on Newburgh and Five Mile, there's a Subway, a pizza shop. We don't need another fast food in there. I understand they like to walk to their restaurants. I don't know if they walk to their gas station, but I don't. I have December 18, 2012 25520 to take my car and I think most people do. I would ask you to please not approve this. Mr. Morrow: Thankyou. Mr. Bahr: While the next person is coming up, I have a question for Mark. Mr. Morrow: Well, certainly. Go dghl ahead. Mr. Bahr: Mark, are you able to bang up one of those bird's eye pictures of this area upon the screen? That's exactly what I was talking about. Thankyou. Mr. Morrow: Sir, you're next. Your name and address please. Anthony Marschall, 14330 Richfield, Livonia, Michigan 48154. That's about the second house as you come out Newburgh. When I get home, I cannot make a left hand tum onto Richfield. I can see my house, but I can't get to it. There's so many cars on Newburgh, they will not even give me a break to tum on my street. Every day I see a police car silting at the office complex because people are making illegal turns. Why do we need more traffic? So more people can cul through the gas station? And besides, what are you going to do with all these gas stations if we're going solar and everybody is going to have electric? So what do you need a gas station for? You're going to have a whole bunch of gas stations in Livonia. You've got a good building. You're getting lax dollars. I'm sure somebody is paying taxes on the place. Why don't you lake a piece of property nobody is getting any money on, like maybe on the comer of Middlebelt and Schoolcraft, Chi Chi's. Its already leveled. Go in and start digging and do what you want to do. You've got Home Depot. You've got Meiers. You going to gel all kinds of people. What are you going to get down at our end? Nothing. Residents. We're not going to go there. We don't want to go there. We're on a gravel road and we like it that way. I grew up on a gravel road and I hope it stays gravel. I don't care. You don't like it, don't live there. Move. That's all I got to say, and I hope you guys think about what they're going to do. Take a building right now and level it and start over. Find a piece of property already ready to go. My mother's uncle used to have a gas station at the corner of Middlebell and Schoolcraft. When you guys put in 96 there, forced him out of there, never was there again. You've got Bob Evans, a restaurant. Just what we need. Want a restaurant, go down on Haggerty. You've got all your restaurants. Mr. Morrow: Okay. Thank you. December 18, 2012 25521 Jeffrey Burger, 14001 Newburgh, Livonia, Michigan 48154. My property is adjacent to the proposed development. I want to start off by thanking the gentleman who proposed this to come personally and talk with me. I do appreciate that. I did share with him some concerns that I still continue to have. I have two small children, a second grader and a third grader. We live right next to that property. So I'm concerned about people who are not part of the neighborhood coming in. I mean that's kind of the intention of many businesses, in particular with a gas station, being located right on the highway. I'm concerned about who will be coming in and who my children will become exposed to. I'm very, very afraid of any of the potential that could happen with that. So I am concerned with that. I also am concerned in terms of the impact on property values. I can't say having done any kind of formal study that they would increase or decrease, but my educated guess is that banging in a gas station is not going to increase property values but will instead substantially decrease them. And I've already taken, as I'm sure many people have, a pretty substantial hit with our property values. I chose to re -f to take advantage of some of the low rales, but to do that, I had to have my property appraised and was pretty disappointed. This is my second visit to City Hall because once I got it appraised, I had to come up and gel my assessment changed also because it was so low. I can't afford to lose any more value. If this development goes in and I feel it's unsafe for my children, I won't be able to sell and I would be faced with the potential of having to walk away, which I'm morally opposed to that, but my children come first and it's a fear I have. That is one of my concerns. I am concerned about some of the things that have already been mentioned, an increase in traffic, having the children ... and where I do have sidewalks on Newburgh, I appreciate that. I'm not certain that I would appreciate the increased traffic. It's already frightening. The speed limit did just increase on the road recently, and while personally its easier to drive, I still worry about that with my children on the road. I'm also concerned about some potential hours of operation. I like to have my windows open in the summertime. And I'm not certain that trying to put my kids to bed, and while 8:00 might seem like an unrealistic time to some, it's the time I put my children to bed. I'm not certain how I would be able to do that with an increase in the noise level that would likely produce. So I'm concerned about the noise. I'm concerned about property values. I'm concern about some safety issues. I'm concern about, in addition, some of the smells. I'm not saying they're necessarily all bad, but I don't want to constantly smell fries from my house, my deck. The Iasi thing I would like to draw your attention to, and I'll close my remarks with this: the December 18, 2012 25522 property that I own I bought from a couple who bought it for the intention of turning my now home into a daycare center then. This very Commission heard testimony about not allowing that properly, my property, to be rezoned. And this Commission then decided, and I believe rightfully, to protect the integrity of the Master Plan and the neighborhood not to allow the rezoning of my properly. I would ask that you consider that same wisdom that was used then and the decision that you make this evening. Thankyou. Ms. Scheel: Can I interrupt for a second? Mr. Morrow: Yes, ma'am. Sir. Ms. Scheel: Not for him. I want to go to Mark. It's regarding what he said but I want to go to Mark. Mark, do you know how long ago that was that the Planning Commission heard the rezoning? Mr. Taormina: I remember the petition around 2002. Mr. Burger: 2001 or 2002. Ms. Scheel: 2001 or 2002? Do you know how long ago it was rezoned Office where the building is right now? When was that rezoned Office? Mr. Taormina: I'm going to guess that some of these residents know. It was probably built in the '80's. Ms. Scheel: Okay. It's been a long time. Okay. Mr. Taormina: Maybe early'90's but it's probably 20 years at least. Ms. Scheel: Okay. Thank you very much. Mr. Morrow: Yes, sir? Clifford Liptak, 14000 Richfield, Livonia, Michigan 48154. If he would put the picture back up, I could show you exactly which property. I live the third house off of SchoolcraR. When we bought this house, we were looking to move to a better school dislnct for our children. We were looking in Howell, out that area. We found this house, gave you the same kind of atmosphere. The privacy is tremendous in the summertime with all the growth. So I did. I was one of the ones that lel Rick come into my house. I listened to his whole plan, and I've been going over this whole thing. So what I've been doing is, I go out and sit in that parking lot. They're going to move 75 feel down. When you move 75 December 18, 2012 25523 feel down from where my properly line is right now, you're right in the middle of my backyard. So if I have a barbecue, invite you over to the house, you're going to be looking at the parking lot of this place when you used to look at pine trees. The privacy in this lot is why we stay in the City. That and the school district. The school district had a lot to do with it also. I've been weighing this out a long time. In fact, I was sitting in the parking lot with a police officer one day. He was probably looking at me like, why is this guy just silting here slanng at this guys house? Its a nice plan but I don't think that's the right area. That's not why I bought this house. We entertain a lot in the summer and everybody that comes to my house states, this is a great lot. This is private. The gentleman that just spoke is nghl behind me and when his kids are out playing in the summer, you can hear them, but you can't see them. So the privacy is tremendous in this lot. I really don't want to lose that. I could go into all the other stuff that you've already heard, but I'm just giving you my personal aspect. Mr. Morrow: We appreciate that Mr. Liptak: That is why we bought the lot. Its a nice quiet private lot in the summertime. You go out in back and you can have a nice barbecue party and nobody can see you. It's wonderful. I'd just like to stay like that. Mr. Morrow: We appreciate your input. Thank you. Irene Nosakowski, 14003 Richfield, Livonia, Michigan 48154. I'm the officially second house north off of Schoolcraff, but I'm on the west side of Richfield. Several years ago the Planning Commission denied a rezoning for a daycare on the corner of Richfield and Schoolcraff, and then the second time, they denied a daycare for the house that was on Newburgh. It was stated that the Planning Commission felt that this was a very viable residential area because several new homes had just been recently built on Schoolcraff just a little further west from Richfield, and then also eventually, the site that was denied for the daycare at Richard and Schoolcmft, three beautiful new homes did go up on those parcels of property then. We also fought against the current building that they're now seeking to rezone. We loslthat fight, but the Planning Commission agreed it should be a one- story because the builder at that time wanted to make it a two- story which, in essence, a commercial building usually is three stones compared to a two-story home. So the Commission did grant us that much, and they also granted the office zoning designation would have the least impact on our homes because the lighting and the parking lots could be dimmer at night, which December 18, 2012 25524 they were, and businesses usually are closed up by 6:00 p.m. or 7:00 p.m. at the latest in the evening. Then it became very quiet in lune with our house being in the RUF and we have no street lights on Richfield or anything there. They put up a small bene and really that property hasn't had much impact the way it had been. But a gas station, I'm concerned more about anything with a gas station. I didn't realize they were talking about all this multi -use and a drive thru. My concern with the gas station is, you see how very bnghl a gas station is wherever you go. And I'm across the street on Richfield. I'm going to be looking out my kitchen window and seeing just all these bright lights. Its worse now because the foliage is gone. There's no pine trees up so now you see even more. If they wouldn't even do the correct kind of landscaping, it would be terrible, but you're going to have cars idling as they mn into the store, as they're idling at the drive-thm. You're going to have the gas fumes, the gas tanker coming to f11 tanks and all the fumes of that idling forever, and there has to be a great safety concern since you are really physically having this facility abut residential properties. I even called the Fire Marshal yesterday to try and get a safety ordinance or some type of ordinance to find out what is the ordinance or safe distance of a gas pump to a home. Believe it or not, the Fire Marshal didn't know. He sent me to the Building Department and they never called me back. So that's a great question to me. What is the safe distance for a gas pump to a home because nowhere do we see any gas stations backing up to homes wherever we've dnven around in Livonia. That is one of my biggest safety concems is for the gas station and the gas pumps and the noise and all that does. As someone else has said, there's those three empty parcels right up on Farmington Road now that are already zoned for gas stations at Six, Seven and Eight Mile. My other concern is really for the safety because how many robberies have there been at gas stations in the City of Livonia? In the middle of the night, the gas station is open. We dont even know if theyre planning 24 hours. If that's the case, you gel a robber running out and he was running because the police are coming. Where's he going to run? Right into our street down Richfield because he can hide in all our trees and everything that we have there. So that is my great concern. And as far as people walking around to come to this restaurant, I don't think I have ever seen a college student walking up and down Newburgh looking for some place to get a donut because they can go up to the gas station at Five and Levan which is on that side. The college is on that side. The college is on Levan. They're not going to be coming across all the way to the empty paroel of properly to come for a donut at SchoolcraR and Newburgh. There are plenty of gas stations already. I really request that you deny this rezoning because it December 18, 2012 25525 doesn't fit in an all total residenlial area. We don't have any business or commercial in that whole section. All along Schoolcraft, all the way up to Five Mile, until you get to Five Mile is there a business. Everything else is total residential homes. So please dont do any rezoning. Thank you. Mr. Morrow: Well, we wont accuse you of not doing your homework Ms. Nosakowski: The Fire Marshal doesn't even know. Mr. Morrow: I'm glad you didn't ask us. Mr. Taormina: Just to respond to the question about the dale of the rezoning. In 1985 that portion of the subject properly, which is rezoned OS, was rezoned from RIF to OS, and then in the same year the site plan petition was brought to the City for approval for the office building. Mr. Morrow: The Planning Commission also appreciates the history of that particular area being refreshed. Elzabelh Danko, 14024 Richfield, Livonia, Michigan 48154. I'm the third home on Richfield behind what will be this proposed properly. I'm not going to repeal everything that everyone else said because my neighbors made such excellent points, and I'm hoping that the Planning Commission will review those, especially the lady that spoke second. She said everything that all of us needed to say. What I would like to say is that my husband and I have only lived in the community for five years. We purohased the home knowing that it was right near the freeway. It was kind of a stuck point for us but the neighborhood is quiet. We have almost half an acre. It is very private. We are very proud of it. We both work in Livonia so we're very vested in our home. When this proposal first came to us, my husband and I were slightly ambivalent about it. We were talking about it as a matter of fact when Rick came to our door. So we had some questions for him. We listened to him. We really appreciated that he came around, but at that time, I said to my husband, what we need to know is, how do the people in our community feel about this because we haven't lived here as long as some of these people. So we went out and began speaking to our neighbors. And that 146 people that you have on those petitions, those are only the first few blocks. The people in my neighborhood and community are totally opposed to this. I was actually shocked at how opposed people were to it. I thought that people would be like me and kind of hemming and hawing about whether it was a good idea. That is not what I saw. I volunteered to go around and speak to people. I had people drive up to me on the street December 18, 2012 25526 asking to sign my petition because their wife told them when they came home that I was out walking around. I did not do this to shoot down business in Livonia. I think it's important to listen to the people that I live near and support the neighborhood that I am in, and I'm just asking the Planning Commission to support that also. Those 146 people, again, are just the first few blocks. If needed, I could have walked all the way up to Hix and beyond into the Castle Garden community. I'm just really surprised how strongly my neighbors feel against this, and so as part of the Livonia community, I'm going to stand with my neighbors and I oppose the rezoning. Nick Smith, 14175 Newburgh Road, Livonia, Michigan 48154. The points I'd like to make right now, there is a lot of traffic on Newburgh. I have a lot of traffic turning around in my driveway all day long. Typically, once a week, I have to wail for somebody to finish turning around in the driveway before I can pull into my driveway. This rezoning could only make this worse, more reason for people to be turning around in the driveways on Newburgh to gel back to a party store or gas station, whatever i's going to be there. Another point, as far as a gas station, restaurants, fast food, a party store, I don't consider that value added to my neighborhood. I've recently bought this property and I can't say for sure I'd buy it if that was the use of the property at the time. Mr. Morrow: Thank you very much for your remarks Stacey Apap, 14100 Richfield, Livonia, Michigan 48154. I've lived here for the last 11 years, and great plan, but we moved there for the small town feel, for the country living in the city, and if you ever drove down Richfield, you would notice it loo. Beautiful plan but put it at Five and Newburgh where the Fanner Jack is, where all the other little businesses that have gone out of business. This small town feel is exactly what the integrity of the City Planner was in this area. If you look at that map, you'll see that there are no commercial properties for this reason. I strongly oppose it for myself, for my neighbors and for my children. Please vote against it. Mr. Morrow: Thankyou. Mr. Maedel: I apologize. I have two questions I forgot to bring up when I was talking before. I am Jim Maedel again. No one has spoken of the time they're going to be open. Is it 2417? And my second question would be, and we've heard, not from them, but you know how things go through the neighborhood. Is there going to be a bar, liquor? That's what we were told. That would be December 18, 2012 25527 what I want my kids to walk up to. Those were a couple questions I forgot to ask. Mr. Morrow: We'll respond in this manner. This is a zoning request and we always give the people a little insight as to what the petitioner is proposing, but as far as the detail about things like hours, we can't really respond to it. That would be at the site plan review. Same way with the bar. It would have to come in for a waiver to have a bar. So we give you insight to what they want to do, but we can't really tell you all the details because this is slnctly zoning. Ms. Scheel: It would be the same for the safety of a gas station near the residence. That would come in with the site plan too. Mr. Morrow: Yes. All that would be part of the waiver use request they would have to come back. I see another gentleman is coming forward. Ray Morrow, 14248 Richfield, Livonia, Michigan 48154. 1 just wanted to come. I wasn't planning to speak to night but I just wanted to support my neighbors. I've lived in Castle Gardens for 40 of my 46 years. I came here tonight on my birthday, birthday cake wailing at home because, again, this is a very important topic for our family. I have six children and I also am concerned about traffic, about noise, about property values, and it's something that, in particular for those that live right behind the development or the proposed development, certainly have compassion for what they might be exposed to. But in terms of the rest of the neighborhood, and I can't remember her name, said that the 146 signatures were just the first few blocks. And again, I've lived there 40 of my 46 years and the only times I wasn't there was either college or my first condo out of college. We moved back into the neighborhood. My best friends moved back into the neighborhood, and we did it because we love the feel of that neighborhood and that neighborhood is built on just being, you know, like someone put it, country living in the city. putting a gas station at that comer would completely change that entire feel for many of us, in addition to the other things that have been mentioned about noise and traffic. So I just ask that you consider all these things as you make your decision. Mr. Morrow: Well, thank you and we wish you a happy birthday. Kais Karana: I live in Farmington Hills. I own a business in Livonia. Mr. Morrow: Did you gel his name? Would you write it down there because sometimes we move kind of fast and the secretary doesn't always gel it. Also, we'll need you're address for the record. December 18, 2012 25528 Mr. Karana: 37709 Glen Road, Farmington Hills 48331. 1 just bought my own business at Five Mile and Newburgh a few months ago, six or seven months ago. I understand how the gentleman comes about like when he said, the lmck gas. I got two gas stations next to me actually. When they deliver the gas, they come at 11:00 or 12:00 at night. Sometimes they come at 10:00, 11:00 at night, so I understand how much noise its going to make. Right behind my business is actually a pizza place. I'll be honest with you. I'm one of the guys that dont eat pizza. I don't like pizza that much. I don't even like to go to my backroom because so much smell comes from the pizza place to my backroom. Most of the time I send my boys to take care of it. My house, the reason I bought it, because of the open field behind, a small pond. My kids are like five years old, eight years old and ten years old. When they go outside, I know they are safe. No one else looks at them. I have just two neighbors next to me. If they put a gas station, I don't know how they can slay there to be honest with you. I hope you don't pass it. One thing like they said, there's two gas stations on Five Mile not even less than a mile away. I can't afford to have like if they put another convenience store up there. I cannot afford to have my competition next to me. I already have enough like it is in the Livonia area. Thank you. Mr. Morrow: Thank you for your input. I see no one else coming forward. The petitioners are not your adversanes. They're just gentlemen who have come forward to see if this particular enterprise would ft in this area. They've made a good case for R. They've heard from the citizens, and we'll see if they want to respond to anything else. Mr. Wynns: I just want to say I appreciate everybody's input. I appreciate the fact that they did let me into their homes to speak with them as I went around and tried to share very openly the ideas and the concept, and I will definitely take all of this into consideration and see how we do this evening. Thank you. Mr. Morrow: We appreciate that. Are there any questions or comments? Mr. Taylor: Just a comment. I served on the City Council for a good many years. This crowd that I see out here is very encouraging. When we first started to develop Livonia, we had many issues and we had many citizens come out and citizens' organization and neighborhood organizations, and they turned out like you people are turning out tonight. It's encouraging to see you interested in your City. Al the time we were doing this, the argument was that along Five Mile or Six Mile there was a lot of December 18, 2012 25529 commeroial zoning and they developed property behind that. And the argument at that time was well, the builder told me that the properly would never be developed. Well, obviously it was zoned for commercial so it could be developed. Normally, the Council would approve something like that. Now we're talking about a piece of properly that is office zoning and behind it is a huge residential area, one of our last large residential areas. So 0's a little different situation now. When I first saw this proposal, I had very mixed emotions about it, and I could understand why somebody might want to put a gas station there because when you gel onto the service drive there, you can gel off, gel onto 275 and get your gas before you leave. But with the outpour of the people that are here saying we don't want this, and the zoning is already here, then I have a hard time trying to support it. Thank you. Mr. Morrow: If there are no other comments, I'm going to close the public hearing and askfor a motion. Mr. Wilshaw: I will start with the motion, and then I'll have some comments to add afterwards, but since the motion is the order of the moment, I will offer that first. On a motion by Wilshaw, seconded by Smiley, and unanimously adopted, it was #12-111-2012 RESOLVED, that pursuant to a Public Heanng having been held by the City Planning Commission on November 13, 2012, on Petition 2012-10-01-06 submitted by RJ Realty Holding Company, L.L.C., pursuant to Section 23.01 of the City of Livonia Zoning Ordinance #543, as amended, requesting to rezone the properties at 37450 and 37478 SchoolcraR Road, located on the north side of SchoolcmR Road between Newburgh Road and Richfield in the Southeast 1/4 of Section 19, from OS and R -U -F to C-2, the Planning Commission does hereby recommend to the City Council that Pefition 2012-10-01- 06 be denied for the following reasons: 1. That this area of the City is already well served with commeroial zoning, and the proposed rezoning is not needed to serve the neighborhood or community; 2. That the anticipated commeroial use would unduly tax and conflict with the established and normal traffic flow of the area; 3. That the existing OS zoning is more consistent with the established pattern of development and character of the adjacent properties; and December 18, 2012 25530 4. That C-2 zoning is not supported by the Future Land Use Plan which recommends office use in this area. 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: Are there any comments? Mr. Wilshaw: Thank you for the support, Ms. Smiley. The comment that I have and the reason that I offer this particular motion is like Mr. Taylor said, it is really encouraging to see the entire group of people who came out here tonight. This is going to sound a little sappy I guess but not only is the petitioner and the other petitioners representatives Livonia residents and committed to this community and interested in doing something good for the community and offering what looks like a really novel and interesting proposal that I actually have a lot of interest in, but the residents of this area also came out and they also are very deeply concerned about this area and they have a very strong neighborhood. We heard that tonight and it is great to see so much interest in what goes on in our community. We haven't had a meeting like this in quite a while where we've had this many people come out and express their views. So both sides made very good arguments and I appreciate both sides coming out and being so committed to the community and interested in what's going on. But as one of the residents said, this is a really nice plan but it's not the right area. When I look at this particular parcel of property, I feel the same way. I feel that this is a plan that has a lot of potential. Like I said, it's very interesting to me, the concept of mixed use in a particular paroel like this, but I just don't think that this is the particular spot that this should be done in. Thank you, Mr. Chair. Mr. Bahr: I loo just wanted to make a few comments, although Mr. Wilshaw covered much of what I wanted to say. I just want to commend everybody for your courteousness on both sides. We've had a few meetings in my year and half on this commission where we've had some turnout and it's not always as courteous as it is tonight. So I just want to commend everybody for that. I also just want to, just because I think it's relevant to some of the other conversations going on in the City right now. Look, I'm a lifelong resident of Livonia. I'm obviously a younger resident of Livonia. I loo have a young family. I see the need with the way trends are going, and there are various trends that would affect this property. I see the need for Livonia to be looking at some different things. I love the concept that December 18, 2012 25531 was put forward here. I love the thinking that went into it. I also have concerns about the office space in the business community. I'm in the business community and there is a lessening need for office space. For all those reasons, I really love the concept that was put forward, but I just frankly don't know about the notion that everywhere needs to be a walkable community. I know that's a hot topic, typically from my generation, but the bottom line is, I know a lot of young families today. A lot of young families, some currently looking for homes that are looking for the same things that families were looking for 20, 30, 40 years ago. They want the quiet spot. They want the city conveniences with the country atmosphere. There's limes I like both. I just want to make that comment. I think when it comes to this spot, I'll be honest with you. I came here tonight leaning towards voting for this because I really like it, but I think when we talk about taking Livonia into the future, this is not the spot that is conducive for that. I specifically have some friends right now that are looking for places to live in, looking for that country in the city and they don't think they can find it in Livonia. I very passionately disagree with them. We have many conversations about that. I'm as big of an advocate for the City that you're going to find, but it's important when we have places like this that are already conducive, that are already designed that way, that we don't try to make them something that they're not. I wanted to present that because sometimes we have, and I don't know exactly how this vote is going to go, but sometimes we have 6-0, 7-0 voles up here, and I don't know if that's what's going to happen here. It can create this idea that it was just this overwhelming support one way. I just wanted to voice these comments so you understand that's not the case. Thanks. Mr. Morrow: Before I ask for the vole, I've sal on this Commission probably longer than I want to think about. I do want to comment on not only the way the petitioners presented their case, but also the way the residents that came out gave very cogent input for the commission as well as the pefifioners, and that I just want to thank you for the way it went tonight. It might be, if not the best public hearing I was ever involved in, it's certainly one of them. With that, I'm going to ask for the vole. Mr. Morrow, Chairman, declared the motion is carried and the foregoing resolution adopted. For the interest of the audience, this resolution will be forwarded to the City Council with a denying resolution. They will hold their own public hearing so they will make the final determination as to whether this zoning is approved or denied. I just wanted to lel you know that this is a recommending body and we've recommended non -approval of December 18, 2012 25532 the petition. Thank you for coming. I thank the pefifioners. I thank the audience. ITEM #2 PETITION 2012-11-06-11 LANGUAGE AMENDMENT WIRELESS COMMUNICATIONS Ms. Scheel, Secretary, announced the next item on the agenda, Petition 2012- 11-06-11 submitted by the City Planning Commission, pursuant to Council Resolution #444-12, and Section 23.01(a) of the Livonia Zoning Ordinance, as amended, to determine whether or not to amend Section 18.42A (Wireless Communication Facilities) of Article XVIII of the Livonia Zoning Ordinance No. 543, as amended, so as to provide for the regulation of wireless communication equipment in accordance with Act No. 143 of the Public Acts of 2012, as amended. Mr. Taormina: This pefiton involves changes to the rules affecting wireless communication facilities. Amendments are needed to the City's ordinance governing cell towers in order to correspond with legislation recently passed by the State. In general, PA 143 of 2012 requires local governments to approve zoning requests for the modification of existing wireless communication facilities as long as there are no substantial changes to the physical dimensions of the structure or compound. The new provisions apply to any colocation, removal or replacement of new equipment, such as the placement or mounting of new antennas on an exisfing lower or building. The term "substantial" is defined in the statute and in the proposed ordinance as increasing the height of the structure by more than 20 feet or 10% of its original height, whichever is greater; increasing the width by more than the minimum necessary to permit colocalion, or increasing the land area of the compound area greater than 2,500 square feet. If you have a wireless community facility in existence and there is a proposal by a carrier to either add antennas or swap out antennas or make some other changes to the compound area which is the ground area at the base of the tower which houses all of the equipment needed to operate the wireless communication facility, changes can be made to those exisfing structures as long as they meet these special provisions, i.e. the height of the lower is increased by less than 20 feel or all of the equipment that is being reconfigured, replaced, removed, or added, occurs within the compound area, or if it needs to be expanded, that expansion is no greater than 2,500 square feet. These are all allowances that would be treated as a permitted use. Most forms of December 18, 2012 25533 colocalion that meet these requirements would be treated as a permitted use and cannot be subject to any waiver or special land use approval process. In addition, the time periods for approval of wireless communication towers and equipment are also addressed under the new State law. For those situations in which waiver use would still be required for colocation on an existing lower, the Planning Commission and the City Council must approve or deny the application within 60 days. For new lowers and support structures, the period for approval or denial is 90 days. Also the application fee is limited to $1,000. The City Law Department has prepared the proposed language amendment and that has been submitted for your review. This is consistent with the new State law. Thank you. Mr. Morrow: Are there any questions or comments from the Commission? Before I close the public hearing, is there anyone in the audience wishing to speak for or against the granting of this petition? Seeing no one coming forward, I will close the public hearing and ask for a motion. On a motion by Smiley, seconded by Scheel, and unanimously adopted, it was #12-112-2012 RESOLVED, that pursuant to a Public Heanng having been held by the City Planning Commission on December 18, 2012, on Petition 2012-11-06-11 submitted by the City Planning Commission, pursuant to Council Resolution #444-12, and Section 23.01(a) of the Livonia Zoning Ordinance, as amended, to determine whether or not to amend Section 18.42A (Wireless Communication Facilities) of Article XVIII of the Livonia Zoning Ordinance No. 543, as amended, so as to provide for the regulation of wireless communication equipment in accordance with Act No. 143 of the Public Acts of 2012, as amended, the Planning Commission does hereby recommend to the City Council that Petition 2012-11-06-11 be approved for the following reasons: 1. That the proposed language amendments corresponds with the recent amendments to the Michigan Zoning Enabling Act related to municipal regulation of wireless communication equipment; 2. That the proposed language amendment will allow for the collocation of wireless communication antennas and the installation of related equipment as a matter of right, but only under certain circumstances and in a way that reasonably limits the degree of alteration to the support structures and compound areas; and December 18, 2012 25534 3. That the proposed language amendments are in the best interests of the City and its residents. 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, Chairman, declared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #3 APPROVAL OF MINUTES 1,0331d Public Hearings and Regular Meeting Ms. Scheel, Secretary, announced the next dem on the agenda, Approval of the Minutes of the 1,0331d Public Hearings and Regular Meeting held on November 13, 2012. On a motion by Scheel, seconded by Wilshaw, and unanimously adopted, it was #12-113-2012 RESOLVED, that the Minutes of 1,0334 Public Hearings and Regular Meeting held by the Planning Commission on November 13, 2012, are hereby approved. A roll call vole on the foregoing resolution resulted in the following AYES: Scheel, Wilshaw, Bahr, Smiley,Taylor, Morrow NAYS: None ABSENT: Kruger ABSTAIN: None Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. ITEM #4 APPROVAL OF MINUTES 403`" Special Regular Meeting Ms. Scheel, Secretary, announced the next item on the agenda, Approval of the Minutes oflhe 403`4 Special Regular Meeting held on November 27,2012. December 18, 2012 25535 On a motion by Taylor, seconded by Bahr, and unanimously adopted, it was #12-114-2012 RESOLVED, that the Minutes of 403rtl Special Regular Meeting held by the Planning Commission on November 27, 2012, are hereby approved. A roll call vole on the foregoing resolution resulted in the following: AYES: Taylor, Bahr, Smiley, Wilshaw, Scheel, Morrow NAYS: None ABSENT: Krueger ABSTAIN: None Mr. Morrow, Chairman, declared the motion is carded and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 1,034'" Public Hearings and Regular Meeting held on December 18, 2012, was adjourned at 8:35 p.m. ATTEST: R. Lee Morrow, Chairman CITY PLANNING COMMISSION Lynda L. Scheel, Secretary