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HomeMy WebLinkAboutPLANNING MINUTES 1998-05-05 16031 MINUTES OF THE 763rd REGULAR MEETING AND PUBLIC HEARINGS HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, May 5, 1998, the City Planning Commission of the City of Livonia held its 763rd Regular Meeting and Public Hearings in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. James C. McCann, Chairman, called the meeting to order at 7:30 p.m. Members present: James C. McCann Daniel Piercecchi Robert Alanskas *Michael Hale William LaPine Members absent: Elaine Koons * Arrived 7:36 p.m. Messrs. John Nagy, Planning Director, Al Nowak, Planner IV and Scott Miller, Planner II, and Robby Williams were also present. Mr. McCann informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission only makes a recommendation to the City Council who, in turn, will hold its own public hearing and decide the question. If a petition involves a waiver of use request and the request is denied, the petitioner has ten days in which to appeal the decision to the City Council; otherwise the petition is terminated. The Planning Commission holds the only public hearing on a preliminary plat and/or a vacating petition. Planning Commission resolutions become effective seven days after the resolutions are adopted. The Planning Commission has reviewed the petitions upon their filing and have been furnished by the staff with approving and denying resolutions. The Commission may use them or not use them depending upon the outcome of the hearing tonight. Mr. Piercecchi, Secretary, announced that the first item on the agenda is Petition 98-3-1-3 by by Charles Tangora representing DR Group, LL., requesting to rezone property located south of the CSX Railroad, west of Stark Road, in the S.W. 1/4 of Section 28 from R-5 (One Family Residential - 100' X 150' Lot) to M-1 (Light Manufacturing). Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCann: Mr. Nagy, any correspondence? Mr. Nagy: We have a letter from the Engineering Department, dated March 24, 1998 stating a... they have reviewed the subject petition and they have no objections to the proposed 16032 zoning changes. The legal description contained in the petition should be used in connection therewith. The letter is signed by David Lear, Civil Engineer. There is a letter dated May 5, 1998 addressed to the Commissioners stating "Please be advised that I am opposed to the industrial rezoning requested by this petition. This will result in (1) the destruction of the woods; (2) unwanted traffic in the subdivision to the south; (3) noise and disruption in the neighborhood. Thank you for considering my concerns. It is signed by Eric Amato, 11981 Boston Post, Livonia. That is the extent of our correspondence. Mr. McCann: Any questions from the Commissioners? Hearing none, would the petitioner come forward and state your name and address. Charles Tangora, 33300 Five Mile, Livonia. I represent DR Group, Dembs Roth, who have been developing in the Livonia area for 30 or closer to 40 years, both residentially and industrially. I'm sure you have seen their construction in the area. Michael Roth is a member of the DR Group. I think that the Planning Commission recognizes that the M-1 and R-5 zoning has been a piece of property that has been a problem piece of property as far as developing because there wasn't really any access into the area. It was in an estate where for a number of years attempts were made to purchase it and never came to fruition until Mr. Roth worked out an arrangement to purchase both the M-1 and R-5 property that goes up to the railroad tracks and seeks about a 36' extension of the M-1 to accommodate some parking for the industrial development that he would like to put in there. The building that would be placed on the present M-1 would face south and the parking in front of that building would be for a multi-tenant building. The truck traffic that would enter the development from Stark Road, not through the neighborhood, would go to the rear toward the railroad tracks. Any truck wells in the building, the trucks would go to that area to unload. The front of the building and the vehicular and passenger parking would be to the south and there would be a wall between the industrial and the R-5 that the DR Group would like to purchase and the R-5 classification would be a buffer. As I indicated, the access to this M-1 development would be off of Stark Road. It goes through several pieces of property which are not owned by the petitioner but he has made contacts with those people and has entered into arrangements with those property owners to the east of this M-1 which happens to be Service Steel which fronts on Stark Road, so there is another piece of property that is owned by Mr. Risotti. Both of these people he has contacted are willing to sell or lease or give an easement across their property. There is also a piece of City property that was kept by the City just for this particular purpose so that access would be available off of Stark Road into this property. At one time it was proposed to have a ring road from Stark Road across this M-1 property to Belden Court and then down. Of course, this never came about. Again, the access would strictly be off of Stark Road. Mr.Roth did meet with the people from Alden 16033 Village Subdivision about 3 or 4 weeks ago. I'm not sure exactly of the time but indicated what he wanted to do and promised the people that there would be no construction vehicles going through the subdivision that they would be going in off of Stark Road. After the project was complete there would be no entrance into Alden Village. Also on the R-5, which is residential, as that is being developed as the construction vehicles under his control would also use the M-1 property just to develop the R-5. I would be happy to answer any questions. Mr. LaPine: Could you show us where the road would come in? Mr. Miller: Here you have Stark and here is the City owned piece of property which would run along the residential about 738 feet to the start of this property. Mr. LaPine: That parcel is owned by the City and if it was developed by the City it would only service this one parcel? Mr. Miller: Yes, because it's only 60' wide. Mr. LaPine: If it is developed as he wants OK. Mr. Tangora the proximity to the warehouse is really close to these homes there. When you say you have 112 oversized trucks, are you talking about tractors and trailers? Trucks that would be used for light industrial usage? Mr. Tangora: Let me just say I'm not sure what type of trucks there might be, possibly semi trucks. What the building is intended to be is a multi-tenant building because that is the way the property is zoned. Could be storage. Being that light industrial would attract the type of truck business that is typical for the light industrial user. Mr. LaPine: The notes that I have says this is a multi tenant warehousing distribution factory. Now I have to say I believe, to me, this is a warehousing. This has a spur where freight cars can load and unload at this location? Mr. Tangora: Mr. Roth says no. Mr. LaPine: So there won't be any railroad cars loading and unloading at this location? But you abut the railroad tracks, is that right? Mr. Roth: Yes Mr. LaPine: Next question I have. Off the end of that the road there you have the sign advertising the rezoning. There is a house there. Is that part of this project? Mr. Tangora: No. 16034 Mr. LaPine: If you didn't have to have the rezoning of this 36.85' could you develop this land or is it essential that you have this 36.85'? Mr. Tangora: The property could be developed. This is a much better development with the passenger cars parking up in front. Michael Roth, 27300 W. Eleven Mile Southfield, Michigan. I am one of the petitioners. Yes, we could still develop the property however we would reverse the building. We would put the truck parking facing the residential area and we would have the office facing the other way because the site is narrow and long and I would like to make the thing what I believe is the best advantage for residential, industrial and City use, If there is noise, this would make the best way the building could be built. If there was noise coming from the building it would be more directed toward the north. It could be developed the other way. The intent that we discussed with the Planning Department Mr. Nagy, etc. Everybody came to the conclusion that this was the proper thing to apply for. If we can't develop it the other way, we will meet all of the City's codes. Mr. LaPine: The 60' that the City owns , you will need approximately 500 additional feet for a road. Will that be bought off the residents in the area? Mr. Roth: No. There is a company, Service Steel located off of Glendale who owns the two industrial buildings that are closest to the railroad tracks and all of the property if I can show you on the map ... The Property owners at the corner are going to give me an easement and I have petitioned the City to work out an arrangement with them . Mr. LaPine: That's all I have at this time. Mr. Piercecchi: I understand that all the of the arrangements have been more or less concluded on getting to this property? Mr. Tangora: All three property owners have been contacted including the City of Livonia. Easements are being prepared and the purchase of one of these pieces of property, I believe, Service Steel, Mr. Rizotti's, is in the mill. Mr. Piercecchi: It is not really finalized but it's in the mill? Mr. Tangora: Yes Mr. Piercecchi: What basis was used to determine the number of spaces for car and truck parking? 16035 Mr. Tangora: The size of the building and it is dictated by the number of employees and customers that would be utilizing the facility and I think using that design so that it is built toward code. Mr. Piercecchi: It is going to be subdivided into so many units. Mr. Roth: We anticipate four potential users. We are building other buildings similar to this in other communities. The primary use that we are shooting for is warehousing. This is the typical new type of warehousing. Mr. Piercecchi: Why is there a differential between the truckwell and truck parking distance on the south side which 135' and on east and west is 120'? What really is the distance that is required in that trucking zone? Mr. Roth: What's happening in the trucking industry is that they are going to longer and bigger trucks all the time. We used 110' and 120' in the truckwell and the turning area that was necessary for a truck to pull in there. Today we believe it is 130' and 135' as a dimension between a truckwell and a turning area that was necessary for a truck to pull in there. In our layout of the building, we set up the sides of the building just in case we had a trucker that had an exorbitant amount where that way we could do it but potentially it would be tight. We believe the 130'- 135' is the dimension necessary that we need to make this thing work. Mr. Piercecchi: Have you considered angle parking which would give you more parking which would give you another 5' to 10'? Mr. Roth: We believe when it is all said and done that we have laid it out to what we believe would be a good use, a good fit between the industrial and the residential. Mr. Piercecchi: You're missing my point. Have you considered angle parking which would give you more parking space at the end. Mr. Roth: A truck is approximately 60 to 65 feet long and when a truck pulls in there he needs what I call a wall or a fence, and the drives are one way. If you were to turn the trucks on an angle, you could possibly pick up a few feet but we don't believe it's necessary. We feel that our layout is what is best for the community. Mr. Piercecchi: How essential was it in making this building 191,000? With a little bit of a change in the truckwell depth and angle parking, I can see where you could get 175,000 without any problem. Mr.. Roth: It's just a multiple in the cost of doing business today considering how we have to bring a road 700 feet in, there is a drain running through the property that has to be relocated. The Building Department, Engineering Department and Planning Department knows this is a difficult piece, this was brought to us over a year ago 16036 and we have been tip toeing around it. We couldn't figure out what to do with it because of the cost of the property, etc. When I met with the officers of the Alden Subdivision I explained to them I felt I was doing something that was not in anyway hindering them. If anything, I was making a better project for us and that I was more comfortable in going ahead with that I did not need their permission to build. They gave me a verbal acceptance of my proposal. We are not a parcel of their subdivision. Mr. Piercecchi: I sympathize, you have a land locked piece of property. However, I would like if all possible, that you make every effort to eliminate the encroachment into the R-5 zone. Mr. Roth: I felt, that in the spirit of cooperation in trying to make something good for everybody, that I came to them with a proposal which they indicated to me verbally that was an acceptable proposal to the people that I met with. I'm hearing opposition tonight, I'm wondering where it is coming from because supposedly they went back to their members of the subdivision. We are not part of their subdivision. We are a separation parcel. We are not a part of Alden Subdivision. Mr. Piercecchi: I'm not questioning your right to build on the M-1, I'm hoping we can come up with some arrangements where there would be no encroachment on the R-5. Mr. McCann: Any more questions? Mr. Alanskas: When you had this meeting, how many people were at this meeting? Mr. Roth: Five or six that were either officers and people that were adjacent to this property. The adjacent homeowner went back to their subdivision association meeting and I called them up and they didn't think there would be a problem. Mr. Alanskas: When you had that meeting, were names taken and were notes taken? Mr. Roth: They did, I did not. You would have to ask them. Mr. Alanskas: So someone does have those minutes? Mr. Roth: I think they do. Mr. Alanskas: In regards to the building, you say you want to build 4 buildings for a total of 191,000 sq. ft. Mr. Roth: No, it's one building but it would be divided into 4 units. Mr. Alanskas: What would be the height of that building be? 16037 Mr. Roth: Approximately 30'. This is the City's property, here in blue, this is Mr. Rizotti's property here in Orange and this is Service Iron's property here in yellow. Mr. Alanskas: I understand that. Mr. Roth: The intent is to take all of the industrial traffic and running it through here. Mr. Alanskas: And they turn right and then they would have to go north to the back of the building. Mr. Roth: There they go north to the back of the building. If I want, I can push the building back here and I do the same thing up here, but I put the truck wells here because I don't have the maneuvering problems. Mr. Alanskas: That's fine but how many truck wells are we talking about? I'm trying to get a visions of how much traffic we're talking about. Mr. Roth: Approximately we'll have about 20 truckwells. It is across the whole South side of the building. The intent is the current trend more toward warehousing in these communities. It is not heavy manufacturing. It is light assembly, automobile parts typical of most buildings, etc. Mr. Alanskas: Deliveries are made at all hours during the day and evening. That is a lot of traffic for whatever deliveries you're going to be promoting or selling in that building. Mr. Roth: I don't think so. Mr. Alanskas: I'm talking about being intrusive to the neighbors. That size of building, with that many truckwells, that means you're going to be going a lot of business and a lot of deliveries. You know, it's a tough situation. I think to myself, how would I like it if someone were to put a warehouse almost in my backyard where I live. Mr. Roth: I agree with you and I'm looking at how this was laid out. Mr. Alanskas: So, it's our job to work with you and the neighbors where we have that problem. Mr. Roth: Correct and I'm with you 100%. Mr. Alanskas: The R-5 parcel, how big is that area? Mr. Roth: Approximately 36' X 1,280', a little over 40,000 sq. Ft. Mr. Alanskas: It would make a nice park there, wouldn't it? Could you make the building smaller and less truckwells? 16038 Mr. Roth: Again, if you look at the building and you look at the parcel of property, it's a very narrow building that we're building and a very long narrow piece of property. To make anything work out that is comfortable for us, what we believe is something we can market, we still have to market it, it's not for a specific use. If we take the truckwells, and I put them on this side of the property, which I meet the code, I meet the intent of the ordinances and everything else, it does not give them any buffer whatsoever. Mr. Alanskas: Thank you, you've answered my questions. Mr. Hale: I am unclear as to the extent of the buffer. Is there in fact going to be a cement wall? Mr. Roth: Whatever the code requires to separate residential from industrial, we will do. We also had a little more of what is called a greenbelt area along here so it make it look nicer for the residents. Mr,. Hale: As it stands now, you don't have any particular height in mind when it comes to the cement wall? Mr. Roth: I think the wall is typically 6' - 5'? Mr. Nagy: No less than 5' no more than 7' Mr. Roth: I will meet the code. Mr. LaPine: The City owned property 60' X 243', are you buying that property from the City? Mr. Roth: We have petitioned the City to request access and however the City Attorney and City Council - I'm looking at John because I'm not sure of the terminology. Mr. Nagy: To answer your question, Mr. LaPine the company has been to the City Council, they have not yet acted on it. Mr. LaPine: If we're building the road for one development, I think they should develop the road and it shouldn't be an expense of the City. That's my opinion. Even if you're not given the 36.85' that you want, and if you reversed the building you would still have to put up the masonry wall because it abuts residential property. My main concern is, where the road is going the road is so close the residential, if you moved that road to the other end, or if there was some way you could do it, that would alleviate a lot of problems for me and probably a lot of problems with the residents because we all know that even if we deny you that 36.85', you could still build there just by reversing the building. 16039 Mr. Roth: Correct. Mr. LaPine: That's a fact of life. So the people out in the audience have to understand that. But the other thing that worries me is that many truck wells and that many trucks, I have to believe there will be trucks coming and going 24 hours a day and that close to a residential area, I think is wrong. The solution, and I realize if the City goes along with your thinking and allows you to put in the road and we deny the rezoning and you shift the building, there still going to have that problem. Have you tried to purchase any property anywhere along there that could move the road. Any way that could be done? Mr. Roth: No, because all three of these are already built on. When coming to the City when it was presented to us and everybody would like this developed and the City's intent was that this was where the road was going to come in and prevails to this, the road was going to be into Belden Court. Mr. LaPine: Thank you, I have no further questions. Mr. McCann: The property to the south that is zoned R-5, is that also in this trust? Mr. Roth: Yes, we own that and we will be developing that into residential, and being we're the ones that will be backing up to our own building and we're the ones having to take that risk of whether that's going to be successful, we're not foolish enough to believe that we're going to put up something that will create a traffic nightmare. Now. Mr. McCann: How many square feet less, what would be the cost to you to build the building in the same direction without the 36'? How many square feet? Mr. Roth: The building we are proposing is only 230 ft deep. So it would be 30' times approximately 830' is 25,000' less. You're to make the dollars make sense for what we're doing and we are trying to make sure we're maximizing the cost, because remember this isn't going to be free coming across here. We're taking the Ryder drain all across here re-routing it all the way down to here. There is a lot of expense for this particular piece of property. That's why it was never developed before. This was always zoned M-1 with the intent, I think of rezoning this whole section here at one time. Believe me, I'm not trying to oppose anyone here in the audience. Believe me, I'm not trying to do something that would be bad for the residents. As much as I think they would like to see it stay a woods, I think the intent is, I think, that every person has the right to try and develop their property. Mr. McCann: Someone has been paying property taxes on this property, it is zoned M-1. He can go in and develop it. What we want to do is make sure this is the best possible development for the City and the neighbors in the area. Understand some development is going to come in there. If you would like to speak to this issue, 16040 come forward and state your name and address and try not to be repetitive. Thank you. Are there any more questions? Paul Dorcher, 34934 Beacon. Mr. Roth did meet with us and discussed it with us and members of the association and as he presented it, we are not opposed to it. It seems to be a hard piece to work with but he seems to have an idea that will take off He did originally come to us and ask for 30' but now has crept up to 36.85'. Mr. McCann: John, do you know why? Mr. Nagy: There was an error in the first legal description and when we evaluated the request and discovered the error, we worked it out . Mr. Dorcher: He assured us at that meeting he wouldn't try to rezone anything other than the 36' and that he would try and make the residential area as nice as he can. As he presented it to us, I personally am not opposed to it as it was. Kathleen Fleming, 12124 Boston Post. I, in essence, have a few concerns that I would like to express about the property that will stay residential - the R-5 property. Let's keep in mind that this property that he has very nebulously described in developing, we have heard no specifics, nothing legally binding and I'm just concerned about the extension that he is proposing. When it is 100' from the railroad tracks, what kind of value can property possibly have being that closely located to a warehouse and railroad tracks? What will this do to the value of our properties in the rest of our "taw village? Mr. LaPine: Knowing that an M-1 can be developed, If we don't allow the 36.85', he can switch the building or leave it the way he has proposed it, how would you vote on having it located? Ms. Fleming: I think it should be switched so that more natural land is saved for the residents and for future generations, frankly. Kristin & Jay Marchione, 12121 Boston Post. We are the home which will be the most affected by this. We live at the corner in the R-5, it is Llal, I believe. As you see where the road comes up Boston Post, it goes where there is a split, our property line is right in the middle and our driveway goes right up and we have a 70' drive. There is an easement that was made - our house was built in 1939. It has been updated completely since then. They are going to be continuing the road right through our driveway and we will have 10' of our driveway and a road directly in front of our home and yes it is residential but there's going to be 23 homes going up there. We're the most affected by this. When that road you, you see the angle of our house, our house is right on the corner of this lot, so the street is going to be coming right next to it. Anyway we're going to have a 10' driveway. Our house is here, our driveway comes up here and goes right up to our house. This is going to 16041 continue up right through our driveway and then it's going to split off for him to make a residential cul-de-sac and the road is going to "T" off and there's going to be a road there and a road over there. Mr. McCann: I don't believe we have a preliminary plat. What makes you feel that the road will go through Boston Post? Mr. Marchioni: We've already been told that is what the City's supporting . Mr. McCann: Are you familiar with this John? Mr. Nagy: No, this is the first I've heard of this. Mr. McCann: Unfortunately, we have a zoning issue on the 36.8' on tonight. Mr. Marchoni:The 36' part will come closer to the house than to ... Mr. McCann: Absolutely. Ms. Marchoni:And our home is going to come the closest to the wall and the trucking. Mr. Marchoni:There aren't going to be any trees at all. Ms. Marchoni:O.K., so if we're talking about M-1, so say we support that, then isn't the R-5 also s`' suppose to be considered? Mr. McCann: We don't know where they are taking access from. He could take access from his own road that he is bringing in off of Stark Ms. Marchoni:Is that possible? To have it connecting towards the M-1 instead of having it go through a residential? Mr. Nagy: Theoretically it is possible. Whether it is desirable or not remains to be seen. Ms. Marchoni:Well, if you're building a new subdivision surrounding an old subdivision... Mr. McCann: We can't get into the development of the R-5. Tonight we have to ask Mr. LaPine's question. Do you want the truck wells facing you and loading facing you or do you want them facing the other way? Ms. Marchoni:The M-1, yes, we support the 36.85' that is needed in order that the cars will be on this side as opposed to the trucks. We would support that. But right now our biggest concern is our home. Mr. McCann: They are going to have to come back long before they start developing that. 16042 Ms. Marchoni:O.K., Well, a lot of trucks are coming down to check out that part also and from my understanding they have to build a sewer line that somehow connects to the R-5 `" and to the M-1 and if they have to develop the R-5 sewer line with the M-1, it will affect us directly immediately. Isn't that correct? Mr. McCann: I don't know. Again, this is just a zoning petition and not a site plan. When he comes back with a site plan those issues will be coming in and whether he has to develop his road first so that he can have access, those are issues that will be discussed at that time. Ms. Marchoni:O.K. Thank you. Dean Kandt, 11775 Boston Post. Everybody does have a right to develop property that they do own, the problem is they don't have access ... I feel sorry for the neighbors who do back up to that. It will not be consistent with the lot size we have now. Also, I would like to meet the future neighbors that would be in R-5. How will they like sharing access to Stark Road with the trucks. I know you have a proposal on that 36' X 1,200 property, where are they going to come through? It is going to be Boston Post. It's going to be kind of tough with that one house sitting where it's at. I like what the one gentlemen said, that it would be a great park. Barb Demea 34851 Wadsworth. I think that we share the same concerns, even where the R-5 comes off It is going down Boston Post. In our subdivision the streets are very narrow, we have no sidewalks for our children. They have to ride their bikes in the road, supervised, of course, but they have to ride in the road. If they did add the residential area there, you are talking 44 more cars, because you double it, or more, and it just doesn't fit with our nice quiet neighborhood. That's why we bought there. Kim & Louis Palmer 11866 Boston Post. I think our biggest concern is how they are going to get to that area and how it is going to impact not just the neighborhood as it is new but they do develop the R-5, will they then allow some type of access from the industrial area into the R-5 from the industrial area into the R-5 and out of the R-5 and is that going to create heavier traffic into the subdivision. I think that is certainly true as far as the proposal which way the building is to set, obviously he's going to develop that and we obviously don't have a choice in that because he owns the property. We would certainly prefer to have the offices facing the residential area to alleviate some of the noise and some of the concerns of the traffic. But I think the traffic just getting into the M-1 area is the hughest concern of the residents right now. Mr. Palmer: That and the fact that the people at the end of Boston Post, it is a lot of traffic for them and I know the M-1 and the road going in and out of M-1, they are talking •.r 16043 about quite a few trucks that are going to be going in and out of there, the residents are going to get beat up on that M-1 on that one section of property. `"' Ms Demea: On Capitol Road, right behind where their property is, we are always hearing noise from that kind of traffic. No one can tell me that those residents in those houses on Capitol aren't going to be able to hear it. Mr. Palmer: Maybe if they could move the road closer to the tracks. Ms. Demea: Has the developer thought of any other option of access? Mr. McCann: We discussed that earlier, there is no other access. Mr. Nagy: The desire is to separate the residential traffic from the industrial traffic. It's only good planning principle not promoting the dual usage. Mr. McCann: You have to have separate the road by weight, or weight bearing and there's a lot of things that have to be considered. Mr. Palmer: Another question, is there any possible way on Boston Post they somehow could slip in a road to come down to Boston Post. Mr. Nagy: No one just slips in. There is a public hearing and there will be an official review by the Planning Commission and the City Council before any permits are issued. `'" Nothing just slips in. Mr. Palmer: So M-1 would be totally separate? Mr. Nagy: Yes. Raymond Gilreath, 12034 Boston Post: I am concerned about the noise. We have 30' trees or better filtering the noise and a 5' wall isn't going to filter anything and the R-5 traffic my concern. We've got traffic cutting through to avoid the light at Stark right now. That's my concern right now. Mr. McCann: Are you opposed to the change in zoning? Mr. Gilreath: Yes, I am. I don't agree with it at all. Guy Chopp, 12017 Brewster. We're talking about 35' doesn't sound like much but to Alden subdivision it means a lot. Alden Subdivision is the second oldest subdivision in the City. We are surrounded by industrial from Schoolcraft to Plymouth and Levan to Middlebelt and it is making it a little tighter on us and closing in on us. We understand he can still build there, it means he could down size which would benefit the neighborhood. What I'm hearing is all these trucks. We have 16044 trucks now coming through our subdivision because they missed their turn or for whatever reason. I'm constantly giving directions to these truck drivers. I'm opposed to this. Greg Chopp, 11901 Brewster. I am opposed to the M-1 rezoning. I think you can explore other options maybe accessing from the other side of the railroad tracks. Maybe 36' doesn't sound like a lot but it is 36' away from our subdivision. I oppose it. Bryum McBride, 12034 Brewster. I am opposed to the M-1 zoning. It is too much traffic. I don't know who would want to buy a house next to a warehouse/factory and a railroad tracks Sherry Lemon, 12101 Brewster. The property that he wants to rezone is right behind our house. I am concerned how he is going to build this wall. The wall is going to come out straight and curve around? Right now we have a lot of noise that comes from whatever buildings we have back there and when I open a window all I hear is truck noise now. I can't imagine any other truck going in there but once this is all said and done, he may change his mind and I don't think it is a good idea to give him extra footage. It would hurt my property. Jean Pyle, 12070 Boston Post. My concern is if he can build there, and the only option is for us to have the offices on our side, then I agree with the rezoning, but has there been a plan presented to show exactly how the building is going to be and be assured that the parking is going to be there. I've heard that if we did this, we could do that. But I haven't see a site plan with a building on it saying if we give this 36' then we'll put the offices on your side. If we don't get that, then we're going to give you the trucks. Mr. McCann: The site plan that has been shown on television is over there, although, he is not bound by that. He would still have to come back to the appropriate city offices to get that approved. So the same people you see on the Planning Commission and the same people you see at City Council are the ones he will have to come back to. Ms. Pyle: So the rezoning -then we could be assured by the council that the offices will be on the residential side? Mr. McCann: That's correct. Ms. Pyle: Then I would have to agree with that to have the offices on our side instead of the trucks because of the noise. I have to agree and I don't see where a 5' buffer is going to make a difference to us. It's going to decrease our property value. A park would increase the value of our property. 16045 Kathleen Fleming, 12124 Boston Post. Actually the concerns I'm bring up might affect the City more so that the residents. What I want to ask about is, with this access to the M-1 property off of Stark Road, let's think about this, we are bringing in large trucks and think about the proximity of this driveway to the railroad tracks and the periodic slow down in traffic we have already. It might be a concern for a civil engineer, what kind of repercussion this might have on the traffic pattern on Stark Road. Mr. McCann: I think that is a valid concern. Keith Baker, 34990 Wadsworth. I'm in favor if indeed they are going to build the property that the variable speed used because I live off of Belden Court and believe me when they have the doors facing our property, you hear everything going on in there. That would be an advantage for those people. My major concern is the way they are going to traffic onto Stark Road. It is really very hard, at times,just to get out there unless they are going to put some kind of traffic device or something like that or is there an option to going out to Belden Court? Are there any answers back to these? Mr. Nagy: Belden Court has been built out. There's no room for a right-of-way. Edward Butler, 34938 Wadsworth. I disagree with that about what you said about Belden Court. There is a vacant lot right down there by the cul-de-sac. I walk down there all the time and it seems it would alleviate a lot of problems. Stark Road is the only road `"'" in Livonia that is residential/industrial. That is 40 miles an hour. Now you're going to run semi's down there. The lady just before me brought up the proximity of the railroad tracks. I can see a potential problem. I work for the City and I know the problems that exist there. There must be another way. If they came off of Belden Court and if they come off of Plymouth Road, it takes a lot of pressure off of Stark Road. It is the only 40 mile an hour residential street in Livonia and the only industrial one in Livonia. That is the problem I have. I don't have any problem with the easement there. I don't have to live with it. I live on Wadsworth and my problem is that I think they can come off of Belden Court and I think some kind of arrangement can be met. Mr. Piercecchi: Sir, would you show me that lot on this... Mr. McCann: Dan, you can see on the screen the four buildings already existing to the west. Mr. Butler: It is right here - lot number 19. Mr. Piercecchi: O.K. sir, thank you. 16046 Raymond Barnes, 34851 Beacon. My concern is the amount of children that are there and the amount of traffic. So there's going to be a lot of accidents. I am really concerned about the kids. There's a lot of them in there. Mr. Piercecchi: Thank you sir. Kristen Kandt, 11775 Boston Post. I have lived in Livonia for 30 years. My husband and I have lived there many years. Livonia is a good place to raise a family. We do have a lot of children in the neighborhood. We do have a lot of traffic that goes through the neighborhood. My feeling is that the light at Stark and Plymouth is a mess as far as I am concerned. These people are trying to cut through the neighborhood there. They come through off of Brewster and my concern is that one of these days one of these kids will be killed. They ride their bikes in the road because there are no sidewalks. With all of this change going on it makes me and my husband feel insecure. Maybe insecure about staying in this neighborhood. I never thought I was going to be in the neighborhood this long. I love the neighborhood and it makes me feel great that we could raise a family there and staying there. Thank you. Gordon Vanzo, 12066 Boston Post Road. Some of you may have remembered my father, Joseph Vanzo. We have, as you have heard, every imaginable argument against all of this development, not merely M-1, not merely the easement and not merely R-5. It is the whole thing. We don't want anything back there. What we would really like you people on the Planning Commission to do is to rezone this nature park. This is the only area that does not have any kind of a park attached or associated . Go ahead City Council - come on, let's face it, we have money coming out of our ears The City can pay Mr. Roth market value for the land, you laugh if you want but this is the option that we want. We had a meeting the other day where there were about five people present. We've got about 3/5 this of the village here right now. I think you've just heard what we want. I have been in construction for about 30 years. I've been a construction engineer and right now I'm an estimator and I understand what's going up here tonight. I can understand how you can disassociate those things, our life, Boston Post Road but it's our life. It's neighborhood. I've lived in that house for 56 years. This is my life. Are we going to have all of R-5 traffic coming down Boston Post Road. If so, there are 23 houses, that's going to be what 45 or 50 cars, each car goes to work and back and goes to the store and back is going to be 200 trips per day, not counting everybody that's going to come and visit those people and weekends. You've heard the lady before me talk about how many kids we've got in the neighborhood now there are little kids all over the place. It is a wonderful place. What is going to happen when M-1 comes and then especially R-5. You can disassociate those things, we can not and that's what we are talking about tonight.. We want this land to be a park . We want a nature park, plain and simple. There is nothing cast in stone that says M-1 has to have anything on it at all. The laws and rules are made by men. Somewhere along the line M-1 was decided M-1. 150 years ago, it was nothing. 16047 We don't want M-1, we don't want R-5. We want just like it is and that is what we think you should do. We want a nature park, pure, plain and simple. We have so much traffic down Stark Road, again - another 50 cars? You have heard the arguments, please, please, please, you're right, I've got to leave, I overstepped the bounds on the time. We do not want any development back there at all. Mr. McCann: Mr. Roth is there anything you would like to say before we close the public hearing? Mr. Roth: I think the first thought that comes to my mind is that it is interesting how many people are coming to this meeting tonight. I did try to meet with the homeowners because we did try and discuss what they were very concurred about and what was going into this and I did think about this and how I would react to it if it were going into my neighborhood. I thought I was looking out for everybody's best interest and would like to discuss with the homeowners there and I would think that if I would have to live in the subdivision, how I would react to it. I thought I was looking for what was in everyone best interest in trying to develop what is there. Myself, my partners, have been a part of this community for over 30 years.My father and uncles have built homes and developments that people live and work in today. In no way do I want to degrade or do anything that is going to be negative for the community or myself. I own a lot of those industrial buildings that are off of Schoolcraft. I owned them since I built them and I hope my children will own them many years after this. Again, I still believe I am aiming in the right direction which is good for developing the piece of property. What the last gentlemen said as far as developing it into a park, that's the City's decision. As far as the traffic, I'm hearing their comments about it. It is definitely something we are going to have to look at a little more seriously. In our laying out and developing this property we will have to come in off of Boston Post, there is no doubt about it. The industrial portion will definitely be separate, we have no intention in anyway of attempting to appeal to the City to have access through Boston Post for an industrial. We believe doing what the intent is what the property is zoned for is what we are trying to do. As far as the one young lady talked about her house again, when we purchased the property, we didn't know exactly how the road access was going to be. We believe that we can work out something that will be acceptable. That is all I have to say. Thank you for your time. Mr. McCann: I am closing the public hearing. Mr. Piercecchi: Mr. Alanskas and Mr. LaPine brought up several good points that I think really need to be looked into. The building rotation, the road into the side and now we've got the entrance potential off of Belden Road, the noise and the need. Maybe we won't want to go through this again, but I am going to offer a motion to table this and hopefully to satisfy everybody so I will offer such a motion to table it for further information. 16048 On a motion by Mr. Piercecchi, seconded by Mr. Alanskas and unanimously approved, it was #5-60-98 RESOLVED that, pursuant to a public hearing have been held by the City Planning '— Commission on May 5, 1998 on Petition 98-3-1-3 by Charles Tangora representing DR Group LL, requesting to rezone property located south of the CSX Railroad, west of Stark Road, in the S.W. 1/4 of Section 28 from R-5 to M-1, the Planning Commission does hereby recommend that Petition 98-3-1-3 be tabled to May 19, 1998. Mr. McCann, Chairman, declared the motion carried and the foregoing resolution adopted. Is there a date? Mr. Piercecchi, Secretary, announced that the next item on the agenda is Petition 98-3-1-4 by the City Planning Commission, pursuant to Section 23.01(b), requesting to rezone property located on the east side of Harrison Avenue between Seven Mile Road and Pickford Avenue, Lots 40 to 51, inclusive, in Dohany Subdivision in the N.E. 1/4 of Section 12 from RUF to R-1. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCann: Mr. Nagy, any correspondence? Mr. Nagy: A letter from the Engineering Department dated April 6, 1998, stating they reviewed the petition and have no objections to the proposed zoning changes. The legal description should be used in connection with the proposal: Lots 40 thru 51 inclusive of Dohany Subdivision of the West 1/2 of the West 1/2 of the Northeast 1/4 of Section 12, T. 1S., R. 9E., Livonia Township (now City of Livonia), Wayne County, Michigan as recorded in Liber 64, Page 95, Wayne County Records. Harrison Avenue will have no improvements except for the addition of sidewalks to the lots at the corner of Clarita Avenue and Harrison Avenue. Also, at the present time no other right-of-way has been acquired for the Harrison Avenue Roadway. That is signed by David Lear, Civil Engineer. That is the extent of our correspondence. Mr. McCann: This one was referred from Zoning Board of Appeals to us to take a look at the property zoning for this particular area. Since this is a petition by the City Planning Commission, I will go right to the audience for any comments wishing to speak for or against this petition. Please step to the podium and give us your name and address. Bruce Davidson, 18914 Brentwood. My property ends with a 52 if you see that on your maps. It is the second large lot just south of Seven Mile as a reference. I vehemently oppose this proposal. Why would those people want to subdivide their lots when they won't have access to the back side of their lots? 16049 Mr. McCann: What lots? `''"' Mr. Davidson:The lots we're talking about here. The ones that have been highlighted. Mr. McCann: On the ones south of Clarita or the ones north of Clarita? Mr. Davidson: With the exception of Clarita none of the other lots have - you couldn't drive a vehicle to those lots unless the lots just to the immediate east somehow sold a strip of land for a driveway from Lathers to the highlighted lots. See, my point is, unless Harrison Avenue goes through, those are land locked lots. My house has been in the Davidson family since the `40s, and we only have in our legal deed we deeded over a 15 foot easement which is insufficient for a street to go through there. In other words, for Harrison Avenue to go further south, I would have to sell, what is it? - 30' easement for the street to go through. Mr. McCann: John , could they put in a 1/2 street in the area? Mr. Nagy: Twenty-seven additional feet is what is needed because we already have 33' on the east of the center. Mr. McCann: So there is no property at this time. Mr. Nagy: Not without the dedication from the affected property owner. Mr. Davidson: Why would we allow those folks to subdivide their property. Well, I suppose it is legal, but what would be the point? Wouldn't is be pointless? Mr. McCann: John, do you want to expand on the property to the north of this? We're getting requests on this for lot splits for the north. The ZBA suggested that probably or eventually the property size would carry down the street and wouldn't the R-1 zoning be more appropriate? They asked us to have a public hearing on it to take a look at that. Your issue, if they can't build a road maybe we shouldn't do this, is a very good issue. But that's what we're here for tonight. To expand, to learn and to make a decision. John, do you want to add anything? Mr. Nagy: The only thing I might add is that Harrison Avenue already exists with full width in front of lots on the north 1/2 of lots 47 through 51. But with the combination and splits are two buildable parcels which would be in full compliance with the proposed R-1 zoning that would allow the development of those lots that would face on to Harrison Avenue. The two corner lots which he pointed out have access to Clarita Avenue of those corner lots and the existing splits and combination would comply with the proposed R-1 zoning and would therefore be eligible for building permits. The only problem lot as I see it would be in the interior area north 1/2 of lot 44 which would be combined with lot 45, all of lot 46 and the south 16050 1/2 of 47. Those two intermediate parcels would have a problem because of lack of Harrison right-of-way. For the most part, for the zoning of this property, bringing those already existing splits and combinations into the property new R-1 •" ' zoning classification therefore having complying lots, the incentive for some investment on the part of these affected property owners to make improvements to those roads by obtaining the right-of-way so that this can in deed have buildable parcels. It is consistent with the developing character of the area with the lot sizes already approved and developed both to the west as well as to the north. It reflects already approved lot splits and lot sizes in the area. Mr. Davidson:I guess what I'm failing to see is how the lots that are trapped without access to Clarita and without access to the existing Harrison lots how would ever be built upon if Harrison doesn't to through any further south? Mr. Nagy: They wouldn't be able to because they wouldn't have a full width street in front unless they could convince the Engineering Department to allow a temporary road to be developed on the right-of-way that is already there. Mr. Davidson: Historically, has that happened in the past? Mr. Nagy: It is something we discourage because we really want to encourage full width streets so it is very problematic that it would happen. We don't want to leave 1/2 streets. v.. Mr. Davidson: But if these people persist they could build houses by hook or by crook? Mr. McCann: It's not likely. Mr. Davidson: I would like to share my reasons for opposing any more building in this area. Unlike apparently most people, we don't want our house value to increase. The taxes are killing us and it is a 400 sq. ft. home, it is a very small home. These new houses on Harrison and Harrison Woods are giantual compared to our tiny little cottage and if more homes are built better - similar in character to the new homes that just put up, we will just be surrounded by giant red woods of homes and it is going to be a major hardship. We would be suffering a hardship over and above and beyond the hardship we presently are experiencing. That is what I wanted to share with you. Mr. McCann: Thank you. Mr. Piercecchi: John, are we saying that lots 22 through 39 , that it is impossible to get built? Mr. Nagy: That is not part of the proposed area. 16051 Mr. Piercecchi: I know that. Mr. Nagy: Until we have a full width street... Now Mr. Piercecchi: In other words, the people that own that property can't do anything with it? Mr. Nagy: Not until we have the other 1/2 of the right-of-way for the street. Mr. McCann: Sir? David Weilert, 18741 Lathers. I am opposed to the rezoning. I see no need to change the zoning that is there. Mr. McCann: Thank you. Alan Burton, 18492 Brentwood. I am not in your picture here. I am sort of out of the picture. At the lower left under the last quadrant I guess you would say. I have seen the new homes the last gentlemen just spoke about but I think it is wrong to keep changing all the time. I think one of these days you are going to be knocking on my door to increase my taxes enough to where I have to sell my extra big lot. I have a 93' X 400' lot. Mr. McCann: But your state equalized value doesn't go up. Your value goes up but your taxes remain fixed Mr. Burton: Let me put is this way, I'm like a lot of other folks who came here to night to talk to you about two other issues. I have a lot of trees back there I don't want cut down. So I hope you don't do it. Mr. McCann: O.K., that's fair. Elaine Daghir, 18490 Brentwood. If any of you attend the City Council meetings you know that various attempts have been made to have this property rezoned. Our area, I feel, this is another attempt to force Harrison further to the south. There is no reason for subdividing this land in opposition to community and hope that west of Harrison homeowners will sell off the back of their lots in order to push Harrison back. I know Mr. Nagy has been to the Council and he knows how opposed the Harrison area residents are to this. Brian Peters, 30439 Ledgecliff, Westland. I own lots 43 - 45. I am in the process of getting a building permit to build on this corner lot. I have access to my property on Clarita and my intention is to get an extension. Current zoning is RUF. I am having trouble with the ZBA. It seems to change it here so I will conform with the houses that are north of me. RUF zoning states that you need a 1/2 acre. Before that I will split off from the back yards they were split off to 270', that's a lot less than a 16052 1/2 acre. When I have it as platted or zoned, it was platted improperly. As it sits right now, it is inaccurate. N.. Mr. McCann: What lots do you own? Mr. Peters: Lots 43, 44 and 45 on the northeast corner of Clarita and Harrison. Mr. LaPine: Are you splitting those two lots so that you will have two lots? Mr. Peters: Currently, those lots are split and combined. into two 60 X 136' lots. Mr. LaPine: They already had a legal lot split and you own? Mr. Peters: I own two of them, I own both. Mr. LaPine: So you're going to build on one and sell off the other one? Mr. Peters: I'm going to build on one and sit on the other one until, and hope, that Harrison will widen out and maybe not then I'll have a much bigger back yard. Mr. LaPine: Your entrance will be off of Clarita? Mr. Peters: That's correct. Mr. LaPine: Thank you. McCann: Any more questions? Mr. Peters: Nothing else. Thank you. Leon London, 6689 Orchard Lake Road, West Bloomfield. I own the property on the south of Clarita facing Harrison. We have already gone through the process of getting a lot split. The frontage on that is 60' X 136' deep and like Brian I am planning on building a housing with the garage facing Clarita.. We've already got an approval from the Engineering Department to pave Clarita and we plan on going forth with this. I understand what the individuals are contesting. I an very cognizant of wooded areas. I will to everything I can to keep the trees and keep it as a nature setting as possible. I think that is very important. I am wholly in favor of, so I wanted to make that point. We have gone through a long process. I own a 120' frontage on Harrison and have divided that into two 60' lots. We have gone through a great deal of effort to do this. I want to make this point. Mr. McCann: Is there anyone else wishing to speak? Is someone running down? 16053 Mrs. Carol Davidson, 18914 Brentwood, Livonia: I won't be running because I have heart trouble. I am very tired and I know that you are too but I am glad that I came tonight. But they have left me, the builders, and the eager beavers that are not �► going to live there. They have ruined, have taken out one row of apple trees with a bull dozer. They didn't have any reason except they were getting hooked up for Harrison Woods. That destroyed all the trees. Sure, they're going to leave you trees and everybody you talk to is going to leave you trees. My trees are gone way up to my property, coming at them with a bulldozer. I planted those trees. I took little seedlings and planted them. There are no pheasants left. I hope they are done at the other end. I don't want to see it. I want to know how I can protect myself from having thick, thick, thick clay dumped on the backend of my property and ruined and when I did get hold of the people at Harrison Woods, I told them there are large holes and there are kids who are going to fall into these holes. I am an old lady and I am sick and I don't want to watch people going to court. So they took the big, big hill and put it at the end of the neighbors property and filled it in with all that mud and slime and filled it in and now is about this much higher than my property. And now I can't get near my garden. My garden is about this deep with water. You put it in your heart to think about us little land owners that wanted to watch the bunnies and the birds. That's the only thing I've got to look forward to is my bird feeding. They'll probably be ruling that that's wrong now. Just leave me alone for a little while. Let me just quietly slip out without all this noise and buildings. Since they put the mall in, nothings been the same, cement, cement, cement. So you know how I feel about that O.K.? Mr. McCann: I will close the public hearing, a motion is in order. On a motion by Mr. Alanskas and seconded by Mr. Piercecchi it was #5-61-98 RESOLVED that, pursuant to a public hearing having been held by the City Planning Commission on May 5, 1998 on Petition 98-3-1-4 by the City Planning Commission, pursuant to Section 23.01(b), requesting to rezone property located on the east side of Harrison Avenue between Seven Mile Road and Pickford Avenue, Lots 40 to 51, inclusive, in Dohany Subdivision in the N.E. 1/4 of Section 12 from RUF to R-1, the Planning Commission does hereby recommend to the City Council that Petition 98-3-1-4 be denied for the following reasons: 1) That the proposed change of zoning is not compatible with the adjacent RUF zoned properties in the area; 2) That the proposed change of zoning will change the character of the area from a rural setting to a more urban setting; and 3) That the proposed change of zoning will provide for much smaller lot sizes than are prevalent with respect to ownership units to the west and south. 16054 A roll call vote was taken with the following results: AYES: Mr. Alanskas, Mr. Piercecchi, LaPine, Mr. McCann NAYS: Mr. Hale ABSENT: Mrs. Koons 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. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced that the next item on the agenda is Petition 98-3-1-5 by GNI Development, Inc. and the Disabled American Veterans Chapter#114 requesting to rezone property located on the east of Newburgh Road in the S.W. 1/4 of Section 32 from P to C-1. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCann: John, is there any correspondence? Mr. Nagy: There is a letter from the Engineering Department dated March 24, 1998 stating that they have no objections to the proposed zoning changes. They suggest that the following legal description should be used: The North 110 feet of the South 260 feet of the West 247 feet of the following described parcel: Lot 748, except the West 27 feet and also the South 27 feet thereof; Supervisor's Livonia Plat No. 12, as recorded in Liber 66, Page 65, Wayne County Records, said plat being a part of Section 32, T. 1S., R. 9E., Livonia Township (now City of Livonia), Wayne County, Michigan The letter was signed by David Lear, Civil Engineer. We also have a letter from Four Oaks Management, LLC, 2660 Auburn Road, Suite 300, Auburn Hills, Michigan 48326 dated May 1, 1998 addressed to the Planning Commission. The letter states that as an owner of the Four Oaks Plaza with my two brothers and sister, I must respectfully register my opposition to the proposed rezoning request from P to C-1. Unfortunately, due to a prior family commitment, I cannot attend the Public Hearing scheduled for this request. It is my hope that you will allow this letter to serve as my opposition to this rezoning request, and consider its content when making your decision on this petition. We have the following concerns relative to the current petition: 1) The current C-1 zoning on the Northeast Corner was intended to allow the existing use on the property, not to pave the way for a high volume retail development. If we were aware of the potential for this type of petition, we would have registered our opposition to the rezoning of the Northeast Corner of Joy &Newburgh parcel at that time. We were assured by the 16055 Planning Department that it was merely an accommodation for current owners. 2) The proposed use of the rezoned property does not address any current needs or demands from the residents of Livonia or any retailers other than any retailers other than a Walgreens, which could locate in many other areas of Livonia where residents do not have a convenient drug store nearby. This is evidenced by the current 16.8% vacancy rate in Four Oaks and the lack of any interest in the additional 20,000 square feet available in Phase II of Four Oaks. This is further evidence by the substantial retail vacancies nearby in Westland and by the opposition of any additional commercial property off the Southeast Corner of Joy and Newburgh by Westland Planning Director Tod Kilroy. In fact, the City of Livonia Planning Commission, in response to its own initiated rezoning petition (91-2-1-5) from C-1 to R-1, recommended the rezoning of our parcel from C-1 to R-1. A commercial parcel that our family has owned since 1972. 3) We would not have leased to a drug store at Four Oaks if we had known a rezoning would occur a this corner to allow another drug store. In fact, we never would have invested a majority of our life savings and heavily leveraged Four Oaks to build the center in a first class manner, certainly more than the economics of the deal required, if we would have know that our anchor tenant would be adversely affected by this current rezoning; effectively jeopardizing the solvency of Four Oaks. Our investment at this ',tow intersection was predicated on limited retail at the intersection. Projected sales volumes of a Walgreen's will erode volumes at Four Oaks, thereby creating more or continued vacancies in the area. 4) Additionally, retail at this corner will only compound the current problems with respect to students loitering and safety issues. I would respectfully ask that you consider these items so that you may reach a decision that is just and equitable. The letter is signed by John Casadei, LLC Manager. That is the extent of our correspondence. McCann: Would the petitioner please come forward and give your name and address. Steve Murphy, GNI Development, Inc. & Disabled American Veterans, 3208 S. Alpine Road, Rockford, Il. 61109. This store would be very similar to the store at Middlebelt and Six Mile Road. This site plan does allow a 20' green area on Joy Mile and Middlebelt. The only thing we are asking for is a 110' extension of the commercial north. The corner itself is zoned commercial but about 110' too short for our use. 16056 Mr. McCann: Any questions from the commissioners? Mr. Murphy: If I could just do one thing. Currently, this is all zoned C-1 and what we are trying ``► to zone the rest of C-1 to allow the building. Mr. McCann: Thank you. Are you also purchasing the property to the west? Mr. Murphy: No. Mr. Piercecchi: Then that property, sir, would remain as parking would it not? Mr. Murphy: Yes. Mr. Piercecchi: Just parking? Mr. Murphy: We are using it for parking, is that your question, sir? Mr. Piercecchi: Are you going to lease that property too then? Mr. Murphy: Maybe I missed something when I came back. Mr. Piercecchi: I'm talking about that little piece of ground there. What is left is all parking. It is zoned C-1 and Parking. That is all parking correct? Mr. Murphy: Yes Mr. Piercecchi: You're not going to touch much of the parking area are you? Mr. Murphy: No. We're not at all. Mr. Piercecchi: What's going to happen to that area? Mr. Murphy: When we approached the Disabled American Veterans in the beginning to buy a section of their land, I believe their intention was to come in front of you at a later date and talk about rebuilding a new building on the surplus land that they are not selling to us but they are retaining it. I believe that they have now looked at some other options and I'm not here to discuss what their intentions are but all we're looking for is the corner itself. We're not here to talk about the zoning on that property. I don't think they know. They're here. I don't think they know what they are going to do with the balance of the land, but we're asking for it to be split. I have a small site plan if you would like to see it. Mr. McCann: No, that's all right. We have one in with our plans. Mr. LaPine: Do you represent Walgreens? 16057 Mr. Murphy: No, I represent GNI. We buy the land, develop the land, build the building and Walgreens would be our tenant if this is an approved situation Mr. LaPine: So you don't know why Walgreens chose this location seeing that there is brand new Arbor Drugs right across the street. Mr. Murphy: I have been with Walgreens on numerous occasions when we go through the whole metro area. They don't care about competition or other corners. They look at a geographical map and try and pick 2-1/2 mile rings and try to plat a store. Mr. LaPine: Mr. Chairman, is there a representative here tonight who can answer one questions? Don McLean, 9610 Farmington, Livonia. I do represent the Disabled American Veterans here in Livonia. When we bought this particular parcel, there was a church on it and we thought we really had it made. We would be able to rent a chapel to a church group. If they had weddings they could use the hall and everything was going along real well until the bottom fell out of small building halls. In addition to that, somebody spoke about in a letter about children loitering. They did $9,000 worth of damage to our building. On one occasion, they destroyed numerous windows. They have thrown our mail boxes up on the roof. They knocked windows out. They have done everything they could and our insurance rates are just continuing to sky rocket sky high because of the damage that is being done. Our income is such ''"' that it doesn't meet the mortgage payment and we are going to lose the building if we don't do something. Now we did not put the building up for sale but the people approached us and offered us a nice sum of money for that particular part of the building. Now we can get rid of that building with all those windows and maybe present a site plan with a building that only has one or two windows in the front with air conditioning on top so maybe we won't get as much damage. But things just seem to get out of hand and once again the parking lot is filled with cars from the Churchill High School. I went over there to try and get them to move one day and they threatened to wipe up the pavement with me. I am too old to take on a bunch of kids and that is the kind of respect we've been getting from Churchill High School. We're just at a loss as to what to do and that is where we stand right now. The balance of the property we have no intentions of rezoning it at this time. We don't know what we are going to do with it. We been touch with Churchill High School officials and they say they'll see what they can do but nothing is ever done. We had the police in there a few times. They have been told they can't go back there. In two weeks they are right back. We had people coming to rent the building and they were scared to get out of their car because of the kids in the parking lot. We're not kids and there is nothing we can do about it. That's where we stand on it right now. On my part and other members living in the City, we hope that you will approve the petition. 16058 Mr. LaPine: There are 63' X 280' zoned parking which you are not selling which I understand. Mr. McLean:. We have kicked around the plan of a building there. We don't think we will be solving our problem. Just going to leave the property sit. Mr. LaPine: You're just going to leave that parcel there and find another location within Livonia? Mr. McLean: Yes sir. What we would like to do is if the Council approves, we would like to dig a ditch across the entrance to that parking lot so the kids can't get in there. If anything happens to any of those kids or get run over, it is our liability. Mr. LaPine Have you found a new location? Mr. McLean: Yes sir, we think so. Mr. LaPine: How long have you owned this parcel? Mr. McLean: Approximately five years. For the first four years it has been great but then it just when down hill. Mr. Piercecchi: My only concern is the RUF zoned east of you. Do you have a direct street and without a buffer. Don't you think you should have a more comprehensive area and particularly for the P area or R-C something to guarantee there is a buffer between homes and Walgreens and those condos and that RUF zoned. Those are big homes and big lots. Mr. McLean: If somebody approaches us with a plan to buy the property residential of any kind, they approach us for residential we would probably sell it but it they approach us for commercial, then we probably would not sell it. We feel the same way. There would be no buffer then between Walgreens and the people to the east of us. A man who lived two doors down asked if they were going to sell potential use for the property and we said no. We are going to leave is as a wooded area. Does that answer your question? Mr. Piercecchi: It answers my question, but I was hoping that you would say that you would appreciate any help the Planning Department would take a look at it and look for a good method for creating a buffer zone. Mr. McLean: We would appreciate any help we can get. Mr. McCann: Would you have an objection if the Planning Commission changed your zoning to residential condominiums or some type of residential use? Mr. McLean: No sir, we would have no objection at all. 16059 Mr. McCann: Anyone in the audience wishing to speak for or against this petition. Hearing none, I will close the Public Hearing. On a motion by LaPine, seconded by Hale and unanimously approved it was #5-62-98 RESOLVED that, pursuant to a public hearing having been held by the City Planning Commission on May 5, 1998 on Petition 98-3-1-5 by GNI Development, Inc. and the Disabled American Veterans Chapter#114, requesting to rezone property located on the east side of Newburgh Road in the S.W. 1/4 of Section 32 from P to C-1, the Planning Commission does hereby recommend to the City Council that Petition 98-3-1-5 be approved for the following reasons: 1) That the proposed change of zoning represents only a minor addition of commercial zoning in the area; 2) That the proposed change of zoning will provide for additional commercial services in the area; 3) That the proposed change of zoning is compatible to and in harmony with other commercially zoned properties in the vicinity of the Newburgh Road and Joy Road intersection; and 4) That the proposed changed of zoning will more readily provide for the `"" redevelopment of the subject property. 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. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi: Bill, the gentlemen indicated he would accept a R-C zoning. Mr. McCann: We would have to publish for that. Mr. LaPine: That's right. If we want to do that on our own at a later date. Mr. Piercecchi, Secretary, announced that the next item on the agenda is Petition 98-3-1-6 by Leo Soave requesting to rezone property located on the west side of Farmington Road south of Norfolk in the N.E. 1/4 of Section 4 from RUFA to R-3. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCann: John, is there any correspondence? 16060 Mr. Nagy: We have a letter from the Engineering Department dated March 31, 1998 stating that they have no objections to the proposed zoning changes. The legal "ue- descriptions provided with the petitions are acceptable to this office and should be used in connection therewith. The letter was signed by David Lear, Civil Engineer. That is the extent of our correspondence. Mr. McCann: Is the petitioner here? Please step forward and state your name and address. Leo Soave, 34822 Pembroke, Livonia. We are coming off of Farmington Road. We are going to keep a 10 foot greenbelt on the western side of the property. The zones will be marketed about $275,000 or so, and I'll answer your questions. Mr. McCann: Do you have a proposed preliminary plat you would use if the rezoning is approved? Mr. Soave: Yes sir. Mr. McCann: Do you have something, Scott, you could show us? Mr. Soave: Coming off of Farmington Road we're still keeping the greenbelt to the west which will be a 10 feet greenbelt. Our objective is to save as many trees as possible. Mr. McCann: All right. Anything further you would like to tell us at this time? Mr. Soave: No Sir. If you have any questions, I would like to answer them. Mr. McCann: All right. Mr. LaPine: Scott, could you put the map back up? I can't see it. I've just got two questions. I want to get clear in my mind. Mr. Soave, see that little portion to the north in red. That's part of your petition, right? How does that hook into the other property there? Mr. Soave: We have a road that's going to be the exit off of Farmington Road. That's going to be one lot right there. Mr. LaPine: That's going to be a lot? So now that road comes into where? That vacant parcel between two houses Me. Soave: Yes sir. Mr. LaPine: Then you have a turn around? Mr. Soave: A cul-de-sac. 16061 Mr. LaPine: Then it goes up to the north to service those? Num. Mr. Soave: Yes sir. Mr. Alanskas: Mr. Soave, the one that's RUFA just below Irving, are you trying to get that property also? Mr. Soave: No sir. Mr. Alanskas: You're not? O.K. So this is as far as the subdivision will go? Mr. Soave: This is the end. Mr. Alanskas: So actually what you've done is you've obtained more property and you are going from 12 lots to 18 lots? Mr. Soave: Yes sir. Mr. McCann: I'm going to go to the audience. Is there anyone wishing to speak for or against this petition? Please come forward. Mr. LaPine: Mr. Chairman, may I ask Mr. Soave one other question. Let's assume in the future those three last lots to the north sell off the back portion of your land. The road that's coming off of Farmington Road going north is that going to be in such a way that it could hook into Irving if that ever was developed? Mr. Soave: Yes sir, it will hook into Irving. Hopefully in the future. Mr. LaPine: Hopefully in the future you'll have a dead-end there, but if that's ever sold off there will be a possibility of a road going up to Irving. Mr. Soave: Yes sir. Mr. McCann: Since there is no one coming forward from the audience to speak, I am going to close the public hearing. On a motion by Mr. LaPine, supported by Mr. Alanskas and unanimously approved, it was #5-63-98 RESOLVED that, pursuant to a public hearing having been held by the City Planning Commission on May 5, 1998 on Petition 98-3-1-6 by Leo Soave, requesting to rezone property located on the west side of Farmington in the N.E. 1/4 of Section 4 from RUFA to R-3, the Planning Commission does hereby recommend to the City Council that Petition 98-3-1-6 be approved for the following reasons: 16062 1) That the proposed change of zoning will provide for the development of the subject property for single family residential purposes compatible with adjacent property. 2) That the proposed change of zoning is compatible to and in harmony with the surrounding uses in the area; and 3) That the proposed change of zoning is consistent with the developing character of the 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. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann: I would like to make a few comments regarding this rezoning request. I've looked at this rezoning request and I think it's very favorable to all parties involved including the neighbors in the west in that the parcel just south of this is currently OS. The rear portion is flood plain and nature preserve. If the subdivision had ended one lot north, it would have been logical for this OS piece to come to the Commission to expand. By turning this into a subdivision, the southern piece into R-3, it provides that the OS lots will never be expanded. I think this is a great solution for that area. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced that the next item on the agenda is Petition 98-4-1-7 by Jonna Realty Enterprises requesting to rezone property located on the west side of 1-275 between Seven and Eight Mile Roads in the S.W. 1/4 of Section 6 from POII to C-2 and C-4. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area.. Mr. McCann: Mr. Nagy, is there any correspondence? Mr. Nagy: We have a letter from the Engineering Department dated April 6, 1998 stating they have reviewed the petition and have no objections to the proposed zoning changes or the legal description provided and that letter is signed by David Lear, Civil Engineer. Mr. McCann: Would the petitioner please come forward and state your name and address. 16063 Gary Jonna, Vice President 1533 N. Woodward Ave., Bloomfield Hills. I would first like to start by putting this aerial up. As Scott showed on the graphic the surrounding land and the land use of the subject site should be addressed in depth. Here is the subject `ow site which is again just shy of eleven acres across I-275 and I-96, Seven Mile and Haggerty Road. As Scott mentioned, if you reach to Eight Mile there is a Target store, recently opened Costco WarehouseClub, the U of M Livonia Campus, the Haggerty Park Tech Center which is RE, of course, the Haggerty Entertainment Center Haggerty Campus CBS Technicolor, I think the Technicolor Video Services has been renamed, Macaroni Grill, J. Alexander's and Champps and the Home Depot located on the north corner in Northville Township.. The purpose of this is to show the impacting surrounding land uses. Obviously, the Target and Costco is zoned C-2. The Haggerty Park Tech Center- RE, the Pentagon Center is zoned C-2, and Technicolor is zoned M-1. I think the aerial is very good because of the surrounding uses which are predominately RE, C-2 and M-1. A little bit about the development of the Haggerty corridor, I will try to move right along it has been a late night, has kind of blossomed over the last several years and it has primarily become a commercial corridor from Seven Mile reaching to almost Eight and 1/2 mile road. I mentioned Home Depot. Certainly what's happening here, the Pentagon, Target and Costco there is 150,000 square feet currently under construction immediately south of the Meijer's store which is going to have a Kohls and Babies-R-Us store amongst other retail stores. Of course, Meijer's which is a major retail center and of course the Hampton Inn. A new center in Novi which has an Office Max and a Best Buy and some restaurants and also 50,000 feet of additional space. vr. The picture I am trying to draw for you is that again from 7 Mile to 8-1/2 Mile west of I-275 on both sides of Haggerty Road, has become, over the last several years, primarily a commercial retail corridor. And certainly surrounding this particular site that rings true as well. We have owned this property since 1987 and we have over the years aggressively attempted to market it for office space and we've had various realtors and signs and we've gone through various economic cycles and we have even now, everyone would agree, that we are in one of the strongest economical cycles for office development and so on, as we have been unable to attract an office tenant. However, that is not the reason for being here tonight. This has been an evolutionary matter that has been culminating in the further development of the corridor and what's happening at the Pentagon Center. If you look at what's happened now on the east side of I-275, you see the Valassis Communication building and certainly there are other projects such as Oakwood Hospital and in fact even the 3-M building. The reason I mention those buildings, those are the people we tried to bring into our park. And basically we were unsuccessful. We had freeway exposure and we had the City of Livonia address and we had favorable circumstances but eventually those quality tenants which have a great addition to the Livonia community have chosen Victor Park and even Oakwood Hospital. Obviously this is a major office park with a critical mass which was planned for that purpose. And now what has happened to even create a 16064 premier office park Digital land has been purchased by Kojian properties. They are going to go forward they say with a 400,000 sq. ft. office development. I think everyone is aware of the Frankel project which represents about another 'r•- 70,000 sq. ft. DeMattia which is I understand about to break ground is another 85,000 sq. ft. four story office building. And certainly further down at Seven Mile is potential for future development. So what you have, and that doesn't take into account 7 Mile Crossing, which is under construction by Prentiss Construction which is another 90,000 sq. ft. and a project in Novi for 125,000 sq. ft. So the point I'm trying to make is to say this is that east of I-275 and primarily Victor Park stretching from Seven Mile to Eight Mile is destined for anywhere from 600,000 to 800,000 sq. ft. As I mentioned before, the premier users Valassis, or a 3-M or an Oakwood have chosen this location and we think it's probably a good environment for that. It's developed as a park, it has the amenities of a park. It does have a hotel/restaurant, freeway exposure and a number of buildings already developed as office. And it will be a recognized office park with a strong identify. So we agree with what's happening on the east of I-275. However, we have been the odd man out on the west side of I-275. It's becoming increasingly evident that this is viewed predominately a commercial corridor. Some of the feed back that we got from Valassis and others, was that they really did not want to cycle through a commercial development into what would be an upscale office property. They preferred to have the long stately drive and not to go through perhaps sides or rears of buildings. So I think the mold has been cast in terms of the future which is very bright for the City of Livonia and for Victor Park and for office demand of upward of 800,000 sq. ft. and that also success I think has been created for its own on the west side with the theaters and restaurants and major retail users even with Northville Township with Home Depot and Meijers even reaching into Novi. So I believe that this an orderly state of development occurring on both sides of the freeway. It has led us to believe that after significant marketing efforts and evolution of the Haggerty corridor appropriate for commercial development and that's why we are here this evening. Let me bring my next board, if I could. This is a board which I hope will illustrate graphically of what we are attempting here is an extension of the entertainment campus. Obviously, we developed the Pentagon entertainment campus and we are the holders of this real estate and our goal is to have an integrated and cohesive commercial development that is planned consistently and has similar landscape treatment. We've used many of the same landscape consultants and I think what you are seeing here is an effort on our part to improve the roadway to the north in anticipation of the development that will occur on the subject 11 acre site. To just briefly familiarize you with the Homewood Suites, which is the information we just gave and we apologize for not getting it to you sooner. But in any event this is the Homewood Suites, it is approximately 147 rooms and an upscale extended stay hotel. We do have representatives from Homewood that can speak to the product in great depth. Adjacent to that to the south is a Homestead Village Hotel. Again, it is an extended stay product that serves a different strata of the market, 16065 approximately 136 rooms with one manager's unit. It's worth mentioning, this entire area shown in green and you see the roadway, the roadway is really an extension of the north roadway and that's how we are servicing the site. This is kind of a unique property given the fact that it doesn't have Haggerty frontage. It has freeway frontage but no Haggerty frontage. It's a long service drive that leads back to the property with no Haggerty identity. And that is one of the development challenges that we have. In any event, this area in green represents the roadway, the storm detention, the sedimentation basin, preservation and green area. So notwithstanding the C-2 petition, a good part of this area is really used for the transportation artery and storm water management and for open space and landscape. The balance of the property is the subject of the C-2. We don't think it's appropriate for that site to remain mid-rise office given the fact that it is slightly over 2 acres. What we have shown here is something very generic. We haven't marketed the site. We don't have any potential use. It's really C-2 for one reason, to provide flexibility, a cross section of uses that could include office - retailer. And I think to allay any fears about that particular site anything of any magnitude would require a waiver use approval in the C-2. So that is basically the site plan and who the players are and so one of the things I should talk about the hotels. Everyone's concern is, are there too many hotels? Are we saturating the market? When is enough, enough? And we want any project that we approve to be successful. The key to hotel development, we have experts here tonight that will speak to that in greater detail. But the key to hotels is three things. One is exposure, two is access and three is that it is a unique product of the market that is r.• not otherwise currently being served. I think we hit the bulls eye on all three. The freeway exposure is fabulous. We're sitting between two full service interchanges at 7 and 8 mile. And the products which we could go into a lot of detail on the two hotels products are unique and serve a segment of the market that I think would be very successful. Our market study, which we will go into in a moment, bears that out. So in terms of the ABC's of hotel development this hits the mark on all three counts. And therefore, we believe will be successful now and in the future. So what I would like to do for just a moment is invite our traffic consultant, Beth Corwin is here from McNamee, Porter and Seeley, they did the original study for the entertainment campus. Obviously, traffic is always an issue. I think what Beth is going to share with you is the impact of the proposed hotels and how that may compare with potential office development in upwards of 165,000 square feet. Mr. McCann: Did she prepare a report? Mr. Jonna: She has a letter that she is going to provide to you. Mr. McCann: Was it prepared before tonight? Was it given to the staff? Mr. Jonna: No it was not. Mr. LaPine: Mr. Chairman, can I ask Mr. Jonna a couple of questions? 16066 Mr. McCann: Yes Mr. LaPine: Are we getting two hotels here, is that correct? Mr. Jonna: Yes, there is the Homewood Suites and the Homestead Village. Mr. LaPine: What is the difference between the two? Mr. Jonna: In terms of their rate structure and the configuration of their unit and the market that they target, that draws the distinction. Mr. LaPine: And on the second question I have, the second hotel that is being constructed south of the theaters, is that the same type of hotels as these are? Mr. Jonna: No it is not. Mr. LaPine: It is different? Mr. Jonna: The Amerisuites that you are referring to at this location is designed to accommodate stays of one to two days much like what Embassy Suites might be, whereas the Homestead Village and Homewood Suites the average stay is five days or greater. ‘441.0' Mr. LaPine: O.K. Thank you. Mr. Jonna: In any event, I want to address the issue of the traffic study. This wasn't terribly complex... Mr. McCann: Do you know what, we haven't had a chance to look at that yet. There is still a lot of questions, give us a few minutes so we can read over this. We do have some questions. Mr. Piercecchi: Mr. Jonna, please don't interpret my comments or concerns as being adversarial because they are not. I am only interested in the best for Livonia and the case of over saturation which of course you mentioned. I read with interest the letter that was given to us about how Livonia's ranking was very good. I wrote a little summary here. I guess you were aware that here in Livonia there are currently 948 rooms and 77% represent 735 occupied units. That's 214 short of full occupancy meaning that we are not now short of supply. In addition, you may or may not be aware that five motel/hotel packages, in construction or approved for construction, which will add 564 additional rooms which give us a grant total of 1512 units. Using the 77.7 figure which the author of Smith Travel Research used, would require 1174 occupied units. Finding a new demand for 444 units will be a formidable task you must admit. Hopefully, you will accept that. I would like to 16067 know what is your plan to help us accomplish this feat and you indicated you can supply a market study to justify more units in Livonia which considers the 1512 units scheduled along with the Hilton and Hampton just north of the proposed site. `r•• Is there cause for concern at least associated with this project in regard to the possibility of potential failure due to over saturation? Mr. Jonna: It is absolutely a legitimate concern. I acknowledge that and for that very purpose we have invited Wanda Spencer who spent a great deal of time doing a very thorough market study. Keep in mind, I know you've heard it before, but these are major investments, multi, multi million dollar investments by public companies that don't tend to take foolish risks without doing their homework. I think it would be very valuable to have Wanda just come up and talk about the market in a broad sense and address you concerns. Mr. Piereceechi: Why haven't we been given this so we could look at it during our leisure? The subject comes up and you give us a lot of figures and a lot of numbers and you bowl us over with them, really. Mr. Jonna: First of all, we're not involved with the study session so we're here before you for the first time this evening. So it's hard to always project or anticipate what your questions might be. The best we can do is have our team of professionals here and address the issues as they arise. Mr. Piercecchi: Then you wouldn't object if this particular matter were tabled and all the "- information was disseminated to us so we could look at it, in study and at home by ourselves. I am very concerned about all of these units. Because I don't know how many there are in the Hilton, and I don't know how many there are in the Hampton but you are going to have another 200 hundred, ....you know we're looking at over 2,000 rooms. Mr. Jonna: Just to answer your first question. Again, we would like to present as much information if you will allow us the opportunity this evening. Our preference is not to be tabled, but that is not my decision that is your decision. Mr. McCann: As chairman, I am going to have to make some limitations. If everything had been presented, we had the market studies, we had the traffic studies or if it wasn't 11:30 and we're not half way through our agenda. If we had everything, I'd say take your time to describe it but we really haven't had all the information presented to us before this evening so we could review it, the market study, the traffic study so I'm going to limit what new information you can give us, I will give you what time I can. Mr. Jonna: I appreciate it. First, I should mention that we did provide a letter in your package from Homestead Village. 16068 Mr. McCann: I've read it. Mr. Jonna: That recited all of the major highlights relative to hotel demand ... Mr. McCann: It is based on existing hotels. If you read it, it didn't take into consideration any new hotels. Mr. Jonna: Actually, we have. Do you want to hear from Wanda for a moment and let her address that? Wanda Spencer, President, Spencer Group. I'm a local hotel consultant. I'm aware that there are 944 hotel rooms in the City of Livonia but you have to look at the broad picture and the hotels in the City of Livonia compete locally with all the hotels located along the I-275 corridor. When you look at those statistics in 1986 there were 1863 rooms on that I-275 corridor. The occupancy was 77%, the ADR was $55.00. In 1991, there were 3,941 rooms in supply, occupancy dropped to 57% with an ADR of$51.00. That 3,941 rooms represented 115% increase in supply. That was for various reasons. Currently, in that whole I-275 corridor we have 4,053 rooms, the market is running 77% with a$67.00 average daily rate. The 723 rooms that are either under construction or proposed within the hotel market represent less than an 18% increase in supply. These two projects represent a 7% increase in supply. The reason that we believe that these two projects can be successful is that there is a significant amount of demand that is turned away from the market every Tuesday, Wednesday and Thursday. There's upwards of 200 rooms a night going outside of `'` the market. People can't find hotels to stay in. They just have to leave. They go to other cities to stay as far as the airport because they can't get in here. The products which are proposed, these are both extended stay hotels. These products cater to the extended stay demand segment which is greater than five days. A lot of the extended stay customers stay upwards to 29, 30 and 45 days. A large amount of extended stay demand is currently accommodated in apartments. There are a lot of apartment units that have short term leases out there. There are over 500 apartment units in Wayne and Oakland County that are accommodating extended stay demands. So there is a lot of demand for hotels for the extended stay hotels that is currently going outside. We call that latent demand. Promise Company has two properties already in the I-275 corridor. They have the Embassy Suites which is 239 units and they have the 125 Hampton Inn. It was there managers from those two properties that came to them and said, we really believe that you need to build this Homewood Suites. There is a lot of demand that is going outside of the market. It's demand that could be satisfied by this product. It's a good product and it will be successful. These two hotel projects represent over $22,000,000. in development costs. So I can guarantee you these companies have studied because they want to have successful projects. If you have any other questions, I would be more than happy to answer. Mr. Piercecchi: You mention the I-275 corridor. From where to where is this? 16069 Ms. Spencer: That I-275 corridor encompasses basically from Ford Road up to Novi Road. N•• Mr. Piercecchi: You say there are how many in there? Ms. Spencer: There are 4,053 units. Mr. Piereceechi: Right off of I-275? Ms. Spencer: Right. Well, that does include the area off of the Grand River which there is a 258 unit Holiday Inn there. There is a 137 unit Radison Suites. There is a 109 unit Red Roof Inn and a 107 unit Motel Six. Those properties are included. I don't know if those are included. I would have to look at my notes. Mr. Piercecchi: Please don't feel like I am adversarial. I am just concerned about over saturation. You said 200 rooms go wanting. What do you mean by that. Ms. Spencer: There are 200 rooms a night that are turn aways. Mr. Piercecchi: You realize that we have currently under construction 564 rooms? Ms. Spencer: Yes, I do. Mr. Piercecchi: That would certainly take care of that 200 rooms, wouldn't it? Ms. Spencer: But there is a lot of demand, probably in excess of 100 units a night or 150 units a night that are currently going to short term apartment leases that would come into hotels if there were hotels that could accommodate that demand. Mr. Piercecchi: Well, maybe. Mr. McCann: We're going to move on. Mr. LaPine: I want to pursue this. I can understand hotels like Embassy Suites where businessmen come in and stay over night or stay a couple of nights. I've always been under the assumption that extended living are people who are here maybe staying at these places a month or so while they are being transferred and trying to find another room. How does this help this type of hotel, extended living, those 200 people that you say are looking for hotel rooms? Ms. Spencer: I'm just saying that you've got 500 rooms that are under construction. You've got two hotels in there that are extended stay also. Those 500 rooms are available and now there are at least 200 identified rooms per night that could be occupied right off the bat. The market absorbs 115% increase in supply over the last 10 years. 16070 Mr. LaPine: O.K. But who do you think are the type of people that you think are going to stay at this extended stay hotel? We've got two of them going up at 6 Mile and Newburgh. Ms. Spencer: There is a significant amount of demand, believe it or not, out of the Dearborn market for Ford with launch teams that come in. There are the launch teams that come into the Dearborn market, a lot of those people would prefer to stay in Livonia and have already said they do a lot of work with Marriott. The Residents Inn has already identified clients that currently are staying in Dearborn that want to come to Livonia because it's only 20 minutes away from Dearborn You've got all the support amenities in Livonia. You're right there by all the restaurants. You're right there by the shopping. It's a very good place. And if you were going to relocate it would be a desirable location to relocate. Up in Wixom, there is a Ford plant. There are major launch teams that come in groups of 30 to 45 people for six week periods. They are continually launching new products. This is a continual cycle that we see at least four or five times, a year new launch teams coming in. This is the type of demand you have. Mr. LaPine: Are there any of these extended stays hotels in Farmington, Wixom, Novi, Farmington Hills? Ms. Spencer: The only extended stay hotel currently that is in the I-275 corridor is Extended Stay America which is at Eight Mile and Haggerty. When it opened in 1996 the market didn't miss a beat. Occupancy did not go down 1% from when that hotel opened. And that's the moderately priced extended stay hotel product. Mr. LaPine: You have two of them here that are different prices. How do we determine, the Ford executive is going to stay in the high price, who is going to stay in the lower price? Ms. Spencer: There is a representative here from Homestead Village that might be able to address that better than I could but the moderately priced, a lot of times it is people who are building new homes and need temporary living place for 30 to 45 days. People truthfully who don't have a home to live in because they are separated or whatever the case may be. People who are coming into town because they don't really know at what point where they want to relocate. But they want to have a place where they can get to know the area. This product is a very good product because it is affordable and it's got all the amenities and it might be a lot smaller than what you might be renting for a 900 square foot apartment but it definitely makes a lot of sense to stay there. Mr. Alanskas: Just to bring this to a close, you've been giving us tonight an awful lot of figures, hotel names and I'm sure it didn't come off the top of your head. Do you have documentation where you could give us a study on what you've been saying tonight? 16071 Ms. Spencer: I could. New Mr. Alanskas: Because coming here tonight and telling us now and giving us a packet on the hotels now it just doesn't give us enough time to absorb this so everything you've been telling us tonight I would like to see it in documentation so that I could study it further. If you could do that and give it to our staff, I would appreciate it. Thank you. Mr. McCann: I'm getting an impression of where people want to go here. Mr. Jonna: I know you want to move through the material here. I want Beth Corwin to take three minutes and talk about the traffic study and then I want just a few minutes to close. Beth Corwin, McNamee, Porter & Seeley. The meat of the study is the table on the second page. The objective of the rezonig study is to look at comparative impact of different development scenarios. Scenario one represents what traffic would be generated if the property were developed under the existing zoning, 165,000 square feet of office building. Scenario two and three include the all suite hotels and then it also includes two options for what that smaller 24,000 square foot building could be developed as. As Mr. Jonna mentioned, there isn't a distinct land use decided upon for that. The thing that is important to recognize in looking at these traffic �,.. numbers is that peak hour is the time when you want to evaluate your traffic impact and directionally is key. Given the way that the roads lay out and the access to this property coming through that shared access drive, that we identified in the Pentagon Center Entertainment complex, right turns into a development represent 80% of the trips in bound. Left turns out of that development at that intersection represent 50% of the trips. So for the peak hour in order to have the least impact on your roadway network, to have the most free flowing traffic conditions, you want to look for land use that is going to have fewer outbound trips and more inbound trips. Whenever we have the outbound trips there, we have to give it more cycle time and we end up taking time away from the green time on Haggerty Road. Whenever we can go to a situation where we can minimize the outbound trip, we are going to minimize the amount of time we have to give up and allow more time for Haggerty Road. So if you compare basically the three scariness, the scenario with the probable overall least impact is a scenario that includes the hotel rather than the office. And you probably also heard the argument before that offices also exhibit really sharp peaks at 5 o'clock when everyone gets out. Much of the traffic is in the same 15 minute period. And another point to consider is that the numbers that we are putting under hotels are a conservative estimate of 100% occupancy of the rooms as we have talked and you don't see 100% occupancy of the rooms on every single day. So the office scenario is expected to have a greater impact on the traffic. 16072 Mr. LaPine: This traffic study was predicated only on this new parcel, so you didn't take into consideration the theater traffic, the new proposal across the street, is all that r.. included in this? Ms. Corwin: All we have given you right now is a comparison of the numbers of the new project. But it was built upon all the assumptions that were in the previous study. Mr. McCann: Some more questions for Gary? Mr. Jonna: To answer the question, the original traffic study did forecast Home Depot, the Six Mile and Haggerty development, those were all in our models, so that's why we didn't go into an extensive study. We just addressed specifically the eleven acres because we've got a two inch thick study that we presented during approval for the theaters. A couple of things, one you mentioned the issue of all the additional hotel rooms, keep in mind that there is 600,000 to 800,000 square feet of new office development expected over the next several years. The extended stay hotels service many sections of the market in terms of who would stay there? Keep in mind that the big 3 is here and the auto suppliers. A big segment of the market is training. A lot of people come for a week, two or three weeks for mandatory training and involves around our automotive industry. There are a huge number of independent contractors that go on temporary assignment. These are people who may work here through the week, go home on the weekend and return on Monday. Also people being relocated and between homes, and people in the process of relocation that r.w need this kind of housing. So just to recap in terms of demand generators, it is the training, it is independent contractors on temporary assignment. It's also the local people and it is also people in the mist of relocation. Now the office generator of 600,000 to 800,000 square feet obviously they are going to bring in new business to the community and there will be the ripple effect of their suppliers, consultants and contractors and that will further fuel this growth. I just wanted to mention that to augment the traffic study. I'm going to just briefly summarize. Mr. McCann: I still have to go to the audience. Mr. Jonna: This is my last opportunity? Mr. McCann: I'm saying you will get another opportunity. Mr. McCann: Is there anyone in the audience wishing to speak to this petition? Seeing none, I have a couple of questions that I will let you answer in your closing remarks. Out of the projects and the change that you thought would be appropriate for that part of your development and then moved it toward commercial, some of it on your own some of it not. We always thought that it would be Research and Engineering to the west of that parcel. When the theater project came in you talked about a divided island drive that was going to go through on the north part of the property to service the office. I kind of relied on that fact we had the RE to the north, the M- 16073 1 to the back and the commercial centers down here. I see by your drawings you are changing what was going to be there, you've got a couple of restaurants or some type of use like that. I've got concerns of whether we need more hotels. I've New got concerns that we need to develop this as a mega commercial area. The demands for office space in this area are incredible for this area. It is one of the best in the tri-county areas. I also look at it as to what Livonia needs. Livonia has a majority of the space of the hotels now or at least this area between Six Mile and Eight Mile is getting a majority of the hotels. My concern is the type of jobs that they will produce. If we're going to go commercial, if we're going to go to more restaurants or if we're going to go to hotels, it creates more low end hourly paying type jobs. If a company brings in a corporate headquarters, what it brings in is trained personnel, educated personnel, good jobs, good commercial skills, computer operators, career type jobs as opposed to hourly type jobs. Some of those issues have not been looked at tonight and if you want to give us a couple of minutes in closing I would ask for you to address those issues. Mr. Jonna: First I would have to say that we alone didn't create the Haggerty corridor. I think Northville certainly changed the character of Haggerty Road with their HP overlay and the Home Depot and certainly, Meijer's, and I do agree that there is a demand for office. I went to great lengths to establish that there is a critical mass on the east side of I-275 and the fact is that we are surrounded by M-1 and C-2 and RE on all sides. What we have right now is an isolated site that is sitting in a sea of commercials. I understand your concerns and I think office development will actually help Victor Park. We have not been successful. I think 10 years and a New couple of cycles proves that. This was not impulsive on our part to bring this to you. This was well thought out. This is a land use question that revolves around the surrounding land uses and what we are trying to establish is what we believe to be a premiere entertainment campus and development. Please keep in mind that what we can't forget is that the hotels are very helpful to the entertainment campus and reciprocally the entertainment campus helps the hotels. There are people who are there on temporary assignment. They are away from their families. They are there for several days. This gives them an opportunity for entertainment and restaurants and so on. And certainly the theaters and restaurants will benefit greatly by having these hotels. So I think there is a wonderful relationship that compliments the current uses on the site. I really wasn't prepared to get into the remaining entertainment campus, that is the subject of another discussion. We are here this evening, it's a question of land use. We can bring you market studies and you can tell us that our consultants are mercenaries and you intuitively think in your own heart and your own conviction that there are too many hotels and we can talk until the cows come home about market and statistic and absorption and ADR's and occupancies. I think what we are calling into question this evening, and we'd really appreciate knowing your sentiments, that you would take action on this petition one way or the other. We believe that we are surrounded predominately by M-1 and C-2 that Haggerty corridor is from a mile and a half, on both sides of the road, is predominately commercial. So this is not something that is unique in this 16074 area. We have also explained that we have marketed this for a decade without success and now it's even more difficult because people are saying they don't want upscale office development that is cycling through a predominately commercial area. And so we can beat our heads against the wall on this project and right now we haven't had any interest. We think it should go to Victor. We think it makes sense for Victor. It will make Victor more successful. Let us be on the west side, commercial, which we are and let them be on the east side, office, which they are. And that's where the market is headed and that's where the users are headed and that's a fact of life. I mentioned to you that you are worried about hotels, these hotels have great exposure. They've got great visibility. They've got great access. They've got a wonderful product that I think is going to meet market demand. So I think that for your concern, will this be successful? Absolutely it's going to be successful because it has all the virtues that create success for hospitality products. The other thing is we've talked about an extension, we're a single developer, extending the park trying to provide a cohesive environment. I mentioned that the hotels will compliment the campus and vice versa. I mentioned that the demand as evidenced by the market study is real. So we are not speculating, we are bring to you users that are real. Their representatives are here. They want to make major investments. I frankly don't know what tabling will do here. The traffic study is not a major issue. The traffic is less. It's less of a burden to the intersection. The question tonight is one of land use. Should this site be commercial? I don't mean that you shouldn't look at this carefully as a planning commission and study it thoroughly. I believe that that will not yield. If we come back in two weeks from now, no one is going to be convinced by our market analyst or our market study and we are going to be right back where we started. I would implore you to, and I would urge you this evening to, vote your conviction, take action and we'll move on. Thank you. Mr. McCann: I will now close the public hearing. A motion is in order. Mr. Alanskas: Mr. Chairman, I could not give a motion for approval or denying because I have not had enough time to review the material. I would like to have a tabling resolution. On a motion by Mr. Alanskas, seconded by Mr. Piercecchi, it was #5-64-98 RESOLVED that, pursuant to a Public Hearings having been held on May 5, 1998, by the City Planning Commission on Petition 98-4-1-7 by Jonna Realty Enterprises requesting to rezone property located on the west side of I-275 between Seven and Eight Mile Roads in the S.W. 1/4 of Section 6 from POLI to C-2 and C-4, the Planning Commission does hereby does hereby determine to table the Petition 98-4-1-7 to the Regular Meeting of May 19, 1998. On a motion by Mr. Alanskas, seconded by Mr. Piercecchi and unanimously approved to table this petition until the next Regular Meeting on May 19, 1998. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. 16075 Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 98-4-2-6 by Total Entertainment Restaurant Corporation requesting waiver use approval to operated a full service restaurant within the 7-Farmington Shopping Center located on the north side of Seven Mile Road between Farmington Road and Gill Road in the S.E. 1/4 of Section 4. Mr. Carlin: Mr. Chairman, might I interject here? Mr. McCann: We have to hold the public hearing section first. It doesn't appear there is going to be a lot of residents. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCann: John, is there any correspondence? Mr. Nagy: There is a letter from the Engineering Department dated April 7, 1998 stating they have reviewed the petition and have recommended that the following legal description be used in connection therewith: That part of the Southeast 1/4 of Section 4, T. 1S., R. 9E., City of Livonia, Wayne County, Michigan described as beginning distant South 89D 57M 10S West, 1,176.20 feet; thence North OOD OOM 50S West, 540.00 feet; thence North 89D 57M 10S East, 60.00 feet from the southeast corner of said Section 4; and proceeding thence North 89D 57M 10S East, 130.00 feet; thence South OOD OOM 50S East, 80.00 feet; thence South 89D 57M 10S West, 130.00 feet; thence North OOD OOM 50S West, 80.00 feet to the point of beginning. The letter is signed by David Lear, Civil Engineer. There is a letter from the Traffic Bureau dated April 14, 1998 stating they have no objection to the site plan as submitted and it is signed by John B. Gibbs, Police Officer. A letter from the Department of Public Safety dated April 15, 1998 stating they have reviewed the site plan submitted in connection with a request to renovate existing 8,200 s.f. of 7 & Farmington Shopping Center to accommodate a restaurant located at Seven Mile between Farmington and Gill and they have no objections to this proposal. The letter is signed by Rockney L. Whitehead, Fire Marshal. A letter from the Inspection Department dated April 24, 1998 states they have reviewed the site plan for this petition and the following is noted: (1) The six mechanical amusement devices shown on the site plan would only be permitted if a Class C Liquor License is obtained. No other problems or deficiencies were found. It was signed by David Woodcox, Senior Building Inspector. 16076 That is the extent of our correspondence. Mr. Carlin: Mr. Chairman, I would just respectfully ask that this matter be adjourned or leave 440. open. What we would like to do is file the waiver petition for the liquor license use and combine the two and make it a little more organized effort so that we can present the whole picture to you at that time. Mr. McCann: First, I am going to go to the audience. Is there anybody in the audience wishing to speak for or against this petition? Based on the petitioner's request to table after we hear the public hearing to the date when the waiver petition catches up. Mr. Piercecchi: Then there won't be any data. Mr. McCann: We'll be able to readdress it at that time. Mr. Piercecchi: But not in a public hearing session. Mr. McCann: But there's nobody in the audience to address it tonight. Mr. LaPine: Mr. Chairman, they may have left because the meeting went so long so I am in favor of the people being notified again. I have ideas where they can move this to another location in the center. People might be amenable to that and not happy with the location where it is at. Mr. McCann: The only problem with that is that we would have to readvertise. Mr. Carlin: If we do the next meeting in combination with the waiver use for the liquor license... Mr. McCann: So the same people would be notified. Mr. Nagy: Exactly. Mr. LaPine: And they can comment on both. Mr. McCann: I don't want to go through the republication part. We can send notices for both issues to be heard on that date. But we can send notices of both issues to be heard on that date. I am going to close the public hearing. On a motion by Mr. Alanskas, seconded by LaPine unanimously approved, it was #5-65-98 RESOLVED that, pursuant to a Regular Meeting and Public Hearings having been held on May 5, 1998 by the City Planning Commission on petition 98-4-2-6 by Total Entertainment Restaurant Corporation requesting waiver use approval to operate a full service restaurant within the 7-Farmington Shopping Center located 16077 on the north side of Seven Mile Road between Farmington Road and Gill Road in the S.E. 1/4 of Section 4, the Planning Commission does hereby determine to table Petition 98-4-2-6 until June 9, 1998. Now A roll call vote was taken with the following results: AYES: Mr. Alanskas, Mr. LaPine, Mr. Piercecchi, McCann ABSTAIN: Mr. Hale ABSENT: Mrs. Koons Mr. McCann: Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 98-4-2-7 by Modern Moving Company requesting waiver use approval for outdoor parking of moving company vehicles located on the south side of Eight Mile Road between Merriman Road and Osmus Avenue in the N.E. 1/4 of Section 3. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCann: John, is there any correspondence? Mr. Nagy: We have a letter from the Engineering Department dated April 8, 1998 stating they have reviewed the referenced petition and have no objections to the proposed rezoning. The legal descriptions provided with the petition are acceptable to their department. The letter is signed by David Lear, Civil Engineer. There is a letter from the Department of Public Safety dated April 14, 1998 stating they have reviewed the petition and have no objection to the site plan as submitted. letter is signed by John B. Gibbs, Police Officer. There is a letter from the Department of Public Safety dated April 15, 1998 stating they have reviewed the site plan submitted in connection with a proposal for waiver approval to park moving trucks at this location and they have no objections to this proposal. The letter is signed by Rockney L. Whitehead, Fire Marshal. There is a letter from the Inspection Department dated April 24, 1998 stating they have reviewed the subject petition and state that the petitioner has received a variance from the Zoning Board of Appeals (Case No. 8609-157) for an extension of the M-1 use onto the adjoining residential property and a waiver for the required protective wall. Providing the petitioner complies with the conditions of the variance granted by the ZBA, the Inspection Department would have no objection to the above proposal. The letter is signed by David M. Woodcox, Senior Building Inspector. 16078 Mr. McCann: Would the petitioner come forward and state your name and address. Denis Rice, 17364 Maple Hill,Northville. Basically I'm looking to expand my business. I'm currently in the building to the east of this one where I have my moving trucks. and I ran out of room. The opportunity came for this building to become available and it was natural extension for my business to kind of harmonize these two buildings into one property for my business and that's what I'm asking. Mr. McCann: Any questions from the Commissioners? Mr. LaPine: When you originally came before the Planning Commission for the property you are on now, we allowed you so many trucks, we had a number of problems before we got it all straightened out. We also asked you to take down the barb wire fence that was around your property. As far as I can see it is still up there as of Saturday when I was out there. The next question I have, the property you bought came before us was called Farmington Collision Shop, if I remember right. They have moved out, what are you using the building for? Mr. Rice: Strictly storage of people's belongings. It is clean and storage containerized wood vaults. Mr. LaPine: Is that a permitted use? ;— Mr. Nagy: Yes it is, inside the building. Mr. LaPine: How many of these trucks are you going to be parking on the new parcel and are any of them tractor trailers? Mr. Rice: No tractor trailers. The property isn't big enough for that. Strictly just straight trucks and no more than 20 and that would only happen a couple times a year when all my drivers are home like at Christmas or Thanksgiving. Normally at any given time more than half of my equipment is out of state. I do a lot of out of state moving where the trucks are constantly gone. Mr. LaPine: I know with the collision shop we said there was no parking of vehicles in front except for cars that were employees. You're not going to park any trucks out there? Mr. Rice: No. Mr. LaPine: Well, I'll tell you right now you've had trucks parked out there. You had one there Sunday. Mr. Rice: If I had one there, it was because the rental trucks people returned on Sunday. Because my gates are locked and I come back there and I bring them in. 16079 Mr. LaPine: You run a rental truck business there too? Mr. Rice: Yes I do. Mr. LaPine: O.K. The next question I have John, is part of the minutes says they had to go back to the Zoning Board of Appeals for some landscaping. Then it goes in here and says something about that there shall be 20 feet in width and shall consist of two rows. Who oversees that? Mr. Nagy: The Inspection Department. Mr. LaPine: The Zoning Board, they can't override this part, so he has to put in that 20 feet of landscaping. Mr. Nagy: Correct. Mr. LaPine: Thank you Mr. Chairman. Mr. Alanskas: I have just a couple of questions. I really have no problem with storing trucks because as of right now, you are no longer in the propane tank business? Mr. Rice: That's right. Mr. Alanskas: No longer in the wood business? Mr. Rice: No longer in the wood business, no longer in the forklift business. It has all been moved out of there. I run a clean operation. Mr. Alanskas: I think you do. The only thing that really bugs me is that you only have moving and storage, I would like to see that barb wire come down. Mr. Rice: The only barb wire that is on there -- I had other razor wire and that was taken down. Mr. Alanskas: I would like to see the barb wire taken down too. Mr. Rice: I've had cameras installed in the yard. I've had a problem in the past with people going ... Mr. Alanskas: Sir there are so many other firms that have much more things to be aware of that do not have barb wire in our City. Mr. Rice: I'm just a little business man. 16080 Mr. Alanskas: I know you are, I would like to see the barb wire come down. Would that be a problem? Mr. Rice: I've had problems in the past with people jumping the fence. Mr. Alanskas: How many? In the past ten years. Mr. Rice: Two or three a year. Mr. Alanskas: Do you think that is a lot? Mr. Rice: When it can be thousands of dollars in one shot, yes sir, I do. Mr. Alanskas: I think you are doing a nice job there as far as your storage but that bothers me very much. Thank you. Mr. Hale: Just a quick question. Would there ever be a time that you would have 20 trucks there. Mr. Rice: The only time, like I said, would be at Christmas and Thanksgiving, other than that, I don't make any money if the trucks sit in the yard. They are gone. They are out of state making shipment deliveries. •..- Mr. Hale: O.K. Thank you. Mr. McCann: Any other questions? I will go to the audience. Is there anyone in the audience wishing to speak for or against this petition? Seeing no one, any last comments sir? Mr. Rice: I like being where I am. I had the opportunity to get this building. I didn't want to leave Livonia because it centrally locates me because I serve the whole metro area. It came an opportunity. It's a nice building. I want to stay here. I want to expand. I like Livonia and I run a clean operation. Mr. LaPine: I have one more question. The two properties, what is the total number of trucks That you would have there? Mr. Rice: If everything came to town, there would probably be 25 trucks. But again at any given time more than 1/2 of these trucks are going. Mr. LaPine: That includes the tractor trailers? Mr. Rice: Yes. Mr. LaPine: I think you have more than that. Just 20 trucks on that one parcel at a time. 16081 Mr. Rice: No Sir. '4111IMr. LaPine: I go by that property every single day, I'm going to keep my eye on that. Mr. McCann: Any more comments? I will close the public hearing and a motion is in order. On a motion by Mr. Hale, seconded by Mr. LaPine it was #5-66-98 RESOLVED that, pursuant to a public hearing having been held by the City Planning Commission on May 5, 1998, on Petition 98-4-2-7 by Modern Moving Company requesting waiver use approval for outdoor parking of moving company vehicles located on the south side of Eight Mile Road between Merriman Road and Osmus Avenue in the N.E. 1/4 of Section 3, the Planning Commission does hereby recommend to the City Council that Petition 98-4-2-7 be approved for the following reasons: 1) That the total number of moving company trucks to be parked or stored on the subject site at any one time shall not exceed 20 trucks; 2) That, other than routine maintenance, there shall be no on-site repair of trucks and other vehicles; and 3) That all of the conditions imposed on this site in connection with Zoning Board of Appeals Case No. 8609-157 shall be adhered to. for the following reasons: 1) That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 16.11 and 19.06 of the Zoning Ordinance #543; 2) That the site has the capacity to accommodate the proposed use; and 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area. A roll call vote was taken with the following results: AYES: Mr. Hale, Mr. LaPine, Mr. Piercecchi NAYS: Mr. Alanskas, Mr. McCann ABSENT: Mrs. Koons 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. 16082 Mr. McCann, Chairman, the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced the next item on the agenda Petition 98-4-7-1 by the City Planning Commission, pursuant to Section 23.01(b) to amend Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, by changing the designation of the proposed fire station site located on the northeast corner of Bicentennial Drive and Seven Mile Road in the S.E. 1/4 of Section 4 from Recreation-Open Space to Community Service. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: Just a comment that this is more or less housekeeping. We are trying to make an amendment to our Future Land Use Plan to bring in compliance with a previously amended fire station so as to change the designation of this area from Recreational-Open Space to Community Services to reflect the intended use for public Mr. McCann: Is there anybody in the audience wishing to speak since this is a Planning Commission's petition either for or against this petition. Seeing no one, I am going to close the public hearing. On a motion by Mr. Alanskas, seconded by Mr. LaPine and unanimously approved, it was #5-67-98 RESOLVED that, pursuant to the provisions of Act 285 of the Public Acts of Michigan, as amended, the City Planning Commission of the City of Livonia, having held a Public Hearing on May 5, 1998 for the purpose of amending Part VII of the Master Plan of the City of Livonia, the Future Land Use Plan, the same is hereby amended by changing the designation of the proposed fire station site located on the northeast corner of Bicentennial Drive and Seven Mile Road in the Southwest 1/4 of Section 4 from Recreation-Open Space to Community Service for the following reasons: 1) That the proposed amendment reflects the City's designation of the subject property as a proposed fire station site on the Master Fire Station Plan; and 2) That the proposed amendment to the Future Land Use Plan w ill be consistent with the Planning Commission's policy of keeping the Plan current. AND, having given proper notice of such hearing as required by Act 285 of Public Acts of Michiga 1931, as amended, the City Planning Commission does hereby adopt said amendment as part of the Future Land Use Plan of the City of Livonia which is incorporated herein by reference, the same having been adopted by resolution of the City Planning Commission with all amendments thereto, and 16083 further that this amendment shall be filed with the City Council, City Clerk and the City Planning Commission and a certified copy shall also be forwarded to the Register of Deeds for the County of Wayne for recording. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced the next item on the agenda is Preliminary Plat approval for Merriman Forest Subdivision proposed to be located on the east side of Merriman Road, south of Seven Mile Road in the N.W. 1/4 of Section 11. Mr. Miller presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Nagy: We have a letter from Ron Reinke, Superintendent of the Department of Parks and Recreation, dated March 31, 1998 stating that he has reviewed the revised preliminary plat for the proposed Merriman Forest Subdivision and at this time, finds no discrepancies or problems with this plan as submitted. We have a letter from the Engineering Department dated April 6, 1998 stating they have reviewed the referenced preliminary plat and have no objections to the proposal at this time, although it should be noted that the existing storm sewer systems to the East of the proposed subdivision may be to shallow to provide drainage, and the only other available storm sewer is on the West side of Merriman Road. The letter is signed by David Lear, Civil Engineer. We have a letter from the Department of Public Safety dated April 13, 1998 stating they have reviewed the referenced revised preliminary plat and have no objections to the development of this subdivision. The letter is signed by Rockney L. Whitehead, Fire Marshal. Mr. McCann: Would the petitioner please come forward and state your name and address. Leo Soave, 34822 Pembroke, Livonia. What we propose is a subdivision. This property is currently zoned R-3. Hidden Pines is zoned R-3 and Bainbridge Court is zoned R- 2. Like the gentleman said, in this subdivision there will be 15 homes. These homes will be marketed around $265,000 or so and I'll answer any questions you have. Mr. Alanskas: Mr. Soave, you had originally 14 lots and what you did was you bought additional property and you are going to add one more lot to the original proposal which is R-3? Mr. Soave: Yes sir. Mr. Piercecchi: I see, Mr. Soave, you've increased the road from 50' to 60'. Mr. Soave: Yes sir. 16084 Mr. Piercecchi: It seems to me you've made an improvement. gear Mr. Soave: Well, we tried. Mr. McCann: Anyone in the audience wishing to speak for or against this proposal? Barbara Beauchamp, 18986 Merriman. My property adjoins this. I am the most affected by this. Mr. McCann: You are the property directly north? Mrs. Beauchamp: You may not know, or even care, how I felt about the news of the subdivision going up next door to me but I'm going to tell you anyhow. I felt betrayed. I have been betrayed by both my neighbors and my community government. How can something so important to my life not be told to me by the involved parties. My whole life style will be changed. My neighbor changed, instead of one neighbor to my south, I will have six touching my property. My husband and I bought our home in Livonia 26 years ago because of the country living style. We had a horse and so did our neighbors. We planted a big garden and referred to it as our farm. We had a wonderful life here with our children until my husband died in 1994. In 1995, Merriman Road was widened and my front yard was torn up. Because of the plumber that did the hook up to my house, I have not been able to return my yard to its normal beauty. I did not have any help with this problem from the City either even though I complained to them on a couple of occasions. How long has �..• this subdivision been in the planning stages without notifying those people most affected until it's a done deal? You may tell me this is not so but it is. It even has a name. How can all these houses fit in with what is already there? The houses around the planned area are not that large. How large are these houses going to be? I want to know. Do you know? Mr. McCann: John, what is the minimum, 2200 sq. Ft.? Mrs. Beauchamp: There is nothing in the area that is that large. What are the lot sizes? Mr. Piercecchi: They meet R-3. Mrs. Beauchamp: That's not what that was originally. That was rural originally. It was changed on us without any notification to us. It was changed. Mr. Piercecchi: When was that rezoned R-3, John? Mr. Nagy: In 1965. Mrs. Beauchamp: No, I bought in 1971. Mr. McCann: John, what document are you referring to that was changed to R-3? 16085 Mr. Nagy: When the City went from Zoning Ordinance 60 to the present ordinance 543 part of ,�� that change in ordinance the new zoning map reflected that this area was to be rezoned to the R-3 classification. Mr. McCann: It has been R-3 since 1965. Mrs. Beauchamp: We bought the house as rural farming. That's what it was listed as when we bought the house. If you are building the sizes of houses that you are all around Livonia they are way over-sized, it seems to me that all our City government is interested in now is developing every last open space in the City just like the previous discussion that went on before us. There is no reason that has to be commercial property for that other subdivision. A park would be a beautiful place for that. Livonia is becoming a hodge podge of cramped housing, strip malls, medical buildings that stand empty and neglected part of the time. Housing is going up all over Livonia with little concern for how it looks as the whole community. It looks like just what it is, poor planning and just sticking them in anyway they can. I think that the City had better start to make better plans for what it wants to be when it grows up. Actually, I thought there was suppose to be a plan. A plan that was suppose to set up the City for the residents, not for businesses and for the council members. Livonia is going to be just another Detroit with a lot of buildings abandoned just like the school buildings here in Livonia. Speaking of schools, are we building houses that will house families and those families will 'oiler— need schools. Are we going to have to build new schools? Are we going to have to build another Bentley? Another concern of mine is that city lots bring city mentality. The new people want to use fertilizer and insecticide and weed killers on their lawns that will also kill the animals and birds in the area. The proposed housing will cut off the wild life and the woods from their water supply which is south of the proposed houses, which is the Tipawasse River. The woods used to be full of deer and wild life but of course we can't have that. Can we at least maintain the little bit that we have left? Did you know that there is a fox in our woods? Do you even care? These new neighbors will care little for what is best for the natural life. They will try to make me change my yard to fit their ideas. I will have people thinking they can use my yard for an extension of their own small yards so it will not mess up theirs. I will have children playing in my yard. I know this will happen because it has already happened in the past. When the subdivision went up behind us. This is what they did and still do. They pulled up newly planted trees and flowers. They played ball and let their children run around in my yard. Of course, they preferred to do this when I wasn't at home. They use the woods to throw away their garbage and trash. They also take it upon themselves to clean up our woods by cutting down trees and taking out shrubs just so they didn't have to put up with it next to their property. Our property is ours and is not for public use and of course, the sidewalk issue will come back again. These poor people will be locked into their little subdivision and will expect us to pay for them. The sidewalks will again only benefit the new subdivision. You will say that I am 16086 opposed to change and progress but that is not really true. I would not mind a few houses in this area but 15 is way too much. The lots in this area have been marked with modest houses. I would support improvement that is really improving the area not just putting a bunch of houses in a row in a small area. This kind of strip building is going on all over Livonia. When I was out today riding around Livonia, there is a house on the corner of Stamford and 6 Mile. There is a sign displayed both in the front and side street that this lot was going to be divided into two and advising of a public hearing. I stopped and talked to the lady across the road. I asked her if she minded that that property was going to be divided. She said no. I asked her why? She said it wasn't going to interfere with anything if they divide it that way but she was opposed to the subdivision that was put in west of her. They were started over three years ago and are still not complete. Houses stand unfinished. She said she wasn't notified about that either. Most of my neighbors were not notified. We did not know anything about this subdivision. Why has there been no public notification of this? In calling my neighbors they hadn't heard anything about this. They were as surprised as I was. Why don't we have a sign that says you wanted to buy this property and subdivide it? Finally, I want to address the methods of Mr. Duggan. He called me at the end of February and asked to buy my property. I told him it wasn't for sale, and he said I might as well sell it because he had already bought all of my neighbors property. I later learned this wasn't true at the time. But he told that to all the neighbors that he had already bought the property. I felt quite intimidated by him. I do not feel it is right that someone who is suppose to be my representative in City government is in fact the ',`,, person who is developing this plan for his own personal gain. He continues to call other homeowners and tries to get them to sell their property to him . He called the other lady I mentioned earlier several times trying to get her to see off her extra lot. Stepping off the podium and not voting is not enough. His influence is already present. It is present among you. You work with him daily. Thank you. Tom Beauchamp, 18986 Merriman, son of Barbara and the property directly affected north of the proposed subdivision. I am appalled first at the news of the new subdivision going in next door and secondly, more importantly, that an elected official has forced this development through the system. There are numerous questions that remain unanswered concerning this and we need to know, is this a done deal? Do we have any chance? Do we? Is this already done? It says here that this is a preliminary plat approval. What does that mean? Mr. McCann: John, do you want to explain the preliminary plat? Mr. Nagy: There are two stages in the development of property pursuant to the plat act of the City of Livonia. The first phase is called preliminary. It deals with it in a preliminary way in terms of the layout of the streets and road patterns and the lot sizes themselves so as to see if the development is consistent with City codes in terms of zoning of the property with respect to the thoroughfare plans to streets rights-of-way. So once the design of the subdivision is determined, its layout has 16087 gone through the process and is approved, the next phase is the final phase, the final plat. That is when you deal with all the actually engineering requirements, sizing all the utilities, designing the roads in terms of their right-of-way or curb cuts or storm flows that is related. Then the City approves that in final form and bonds are posted and construction then is commenced. It is only upon approval of the final plat that the actual lots within the area can be sold. What you do when you have the preliminary design approved, that gives the proprietor of the subdivision the reliance that the design itself is acceptable to the City of Livonia so he can go forward and make the investment in detail engineering plans to obtain the approval of the final phase. So it is an important step although it is called preliminary. But it is the foundation upon which the engineering and final design will be based upon. Mr. Beauchamp: First, I want to know how long this process has been taking place. Mr. Nagy: The City requires a 10% per lot review fee. The subdivision was submitted and a review fee was paid on February 20, 1998. That was when this officially became a part of the City review process. Mr. Beauchamp: How is it our neighbor who sold his entire lot has been told this was in the planning stages for over a year now? Mr. McCann: Sir, you have to direct your questions to the Chair and the Chair can direct them to the Planning Director if he wants. He can make plans to do anything in the world, whatever he wants but until he files with the City nothing is official. No action has been taken other than administrative review. This is the first step toward any public approval of this process and today is the first day the City has taken any affirmative action towards approving this. Now some of the concerns are this didn't require a change of zoning. This is proper zoning and within the class zoning it is suppose to be . This zoning has been this way since 1965. Everything meets the requirements. We have notes up here that each of the City Departments have reviewed it. Are those things deficient? Are the roads 60'? Yes. Does each lot meet the minimum R-3 requirements as the neighborhood does? Yes. They report this to us and we make a preliminary plat approval saying yes it meets the requirements. Yes, it meets the basic safety requirements. Yes, it is the right zoning. That is our job and we will forward it on. Eventually City Council will make the final plat approval, Planning Commission then City Council. Mr. Beauchamp: How is it that Mr. Duggan can parade around the neighborhood claiming that its already locked solid? Mr. McCann: If he is, I don't know. He cannot mix his administrative work as a councilman with his personal work. I assume that that is why he steps off the podium if there is something that deals with real estate. Many of us have things that interfere. We all live in the City and we all work in the community. 16088 Mr. Beauchamp: Do you use your job to work deals through like this? Mr. McCann: I try not to and I don't know what he has used his influence for. I never had a discussion with him regarding the subdivision. I don't know if any other member has. Until you brought it up, I had no idea that it was anything other than when I saw Mr. Soave come up it was anything other than Merriman Forest Subdivision. Mr. Beauchamp: Convenient. Mr. McCann: We have to stick with the preliminary plat. We have to determine if there is an objection that this meets the requirements of a R-3 district. That is what our concern is here tonight. Mr. Beauchamp: Like the gentleman said before, that is not our concern, whether it meets your code. It doesn't fit in with the area. It doesn't fit in with the community. It doesn't fit in with our life style. Mr. McCann: That is a valid concern that it doesn't meet the residential nature. Is there anything additional? Mr. Beauchamp: Yes. I have more. I have been living there 25 years and I have devoted the last 6 years of my life in the study of architecture and work in the profession of -400. architecture right now and of those years one thing I have learned is that there is good architecture and there is bad for many reasons. Since this is preliminary, you would probably not want me to go into these reasons. Mr. McCann: If they go into subdivision design and the layout of the plan, yes I would. That is why we are here tonight. Mr. Beauchamp: As stated before by my mother, the City of Livonia seems to be going in a direction that is contrary to what has previously been established in the City of Livonia. A community of rural mixed with an appropriate amount of business, industrial, commercial and residential. It has a certain feel to it. Livonia is well noted for its character. Recent years have proven that the City of Livonia is not sticking with that character. As stated earlier every possible space, every piece of land seems to be developed wastefully, unbeneficially by these developments. Yes it is growth, yes it is development and progress but is it beneficial and I say no. And I think the City needs to reconsider where the city is going on keeping the character of Livonia so I would encourage you to not approve this proposal, preliminary plat proposal. Mr. McCann: O.K., thank you sir. 16089 Suzanne Beauchamp, 18986 Merriman, Barbara's daughter. I have grown up in that house. First of all I do not understand why there was no sign put up on this property notifying ,,r the residents of this new subdivision with 15 new homes going up. My mother received a notice maybe a week ago of this hearing today. And she was suppose to get all organized and come here and notify other residents who had not been notified. As far as we know she was the only person notified and she is not the only person affected. I see signs all over Livonia when there is going to be such a division in a lot there is a sign that notifies everyone driving by of this division and this was not done and I don't know why. Mr. McCann: There are certain requirements with the City, change of zoning, lot splits and there is a separate City ordinance requiring certain posting of the notice on the property. I don't think we have one for preliminary plat so only those people who actually abut the preliminary plat are given actual notice. Mr. Nagy: Correct. Ms. Beauchamp: I see a lot more people touching that property than just my mother and us. Mr. McCann: The City tax records show the people who are notified as abutting properties that is where the notice is sent and it is published in the newspaper for tonight's agenda. Ms. Beauchamp: I also want to direct everyone's attention to this beautiful symbol up here. The ,` City of Livonia - what is that in the center of it? A stalk of wheat. Does anyone see any wheat left in Livonia? Now we are losing that part. There is no concern as to the wildlife that will be destroyed by this. Right now I am trying to look into the ramifications of such a thing with the EPA and I just think that it is gross neglect that there is no concern for this wild life. We are just concerned about putting up a bunch of houses wherever there is a morsel of land that someone is willing to sell. My biggest problem about this is Mr. Duggan. He is a member of the City Council. He is someone we voted for to represent us and yet he is not representing us he is representing his own business. My point is if he can step down and not vote on this that does not make a single bit of difference. He has influenced every single person in city government just by the mere fact that he is your peers. Just by that mere fact nobody in city government can honestly say that they can be unbiased in such a ruling as of today. In our country nobody would stand trial in front of a jury that is biased towards the person persecuting the defendant yet this is what is happening today. This is indeed a trial. You may not feel that it is a trial but my family and the surrounding neighbors are being sentenced to hellish conditions. There is no concern for these neighbors and yet in essence a biased jury is able to decide on this and I don't think this is right that Mr. Duggan has that power We didn't give him the power to use in his own interest. I am strongly opposed to this and I have talked to many residents in Livonia who are moving out because they are so disgusted with the development in this city that has no concern with how the city looks. They have no concern for the fact that this is an area where the large lots, 16090 modest homes, 1,000 sq. ft. homes, and that does not compare to 2300 sq. ft homes. And the lot sizes are tiny in comparison and that is what you said you are looking at. A year ago I called the Planning Commission about putting a small home in the back of my mom's lot. I was told that would not be possible unless that home matched all the homes in the area Now how can that be possible and yet he can put up houses that are huge and have tiny little lots. I am opposed to this. Mr. Alanskas: I would just like to say one thing. Number one, Mr. Duggan does not influence us and number two, if you look at that map where it says R-2, that's a smaller lot, there's 21 homes there, o.k. to your left is R-3, and this is 5.72 acres and we only considering 15 homes, that is not a bad mix. Thank you. Ms. Beauchamp: I believe it is. For one thing ... Mr. Alanskas: We're not debating. Angie Kaufman, 19000 Merriman. I live right next door to the Beauchamps, north. I am strongly opposed to this. We do not need this. I have lived in Livonia my whole life and always been proud of it. Something's going wrong. I have friends who say "you live on Merriman" whow! You have land, you have trees, you don't have anyone right next door to you. We have way in the back of our land a woods area which we love. This is going to happen to Beauchamps because it has happened to us. We have neighbors in back of us that little by little try to take over our land. My husbands walks back there and says, my, what's happening? My he's cut down some of our trees. Why? Because his yard is too small. Is that my fault that he bought there? It's happened to us and their lots are small and our lots are large and what we do we need it for? We chose to live there. We have wild life, I've seen the fox. When my grandchildren come over they ask me to take them out to see the bunnies. What's going to happen- they are all going to leave. And I'm proud if where I live. We don't need those homes there. We have a subdivision across the street. It was hard on all of us when we had 5 lanes put in front of our homes because we liked the two lanes. Now we have tons of traffic. Yes we fought very hard not to have sidewalks because it brings the solicitors. We like the rural area, it is beautiful. The beautiful trees. Everyone takes very good care of their lawns. And I knew nothing about that house until I found out a week ago about tonight's meeting one night when I got home from work. I didn't know anything about it. Now I should have gotten a letter in the mail to have that choice. It's wrong. We are strictly opposed to it. Please consider it. We don't need that there. Dennis Farmer, 18699 Bainbridge. I have something I would like to put up to show you. My house will be the most affected. I live in Lot 22 which is mostly affected by this should it pass. Mr. McCann: Did you receive a notice, Mr. Farmer? 16091 Mr. Farmer: I did receive a letter, however, had it not been for a neighbor seeing someone doing a survey, I don't know if I would have. That's how we found out about this originally. I also brought some pictures to show. They are family pictures; some old ones but the essence of the pictures is to show the serenity of the area which we enjoyed. I have lived and worked in this city for 30 years, taxpayer, voter,just recently retired in December. Dedicated 30 years of my life to the city. I have always been happy to see originally how the city separated itself commercially and residentially - good planning. However, in the last few years, like most people, I have seen these micro subs popping up whenever there is a lot or a piece of land, a house goes up. In fact, did you gentlemen receive our letter form our association from our subdivision dated March 22? Mr. McCann: John, is that letter here? Mr. Nagy: Yes, it was read into the record. Mr. Farmer: There are numerous signatures of taxpayers also opposed to this. We are strongly opposed to this. In fact, not only us, the people who spoke before me, but on April 5 on the front page of the Livonia Observer, City Council is looking into possibly coming out with a new ordinance to stop all of this. I would hate to see this be passed and this micro sub behind our house be the last before it is stopped. So we oppose this strongly and we would like to see this one stopped, none of these micro subs going up until the Council has a chance and apparently the citizens who voted them in are going to them because this obviously is a concern to them if this makes the front page of the Observer and I'm sure you are going to hear more about that in the future. Just to give you some idea, and I know you gentlemen sit here, and lady, and you are disassociated with what's going on out there. Your concern is it meets the zoning rules. Mr. McCann: Mr. Farmer, I don't think that's quite true. We all live in different areas of the city, we all live in different types of zoning. We all have different things that affect our subdivision. That is why we are appointed by the Mayor, confirmed by the Council because we represent various areas of the city. In my neighborhood, two years ago, a big project came up. That's why we are here. We are all citizens of Livonia. We are residents of Livonia. We devote a lot of our time. We work very had at this. Mr. Farmer: I'm sure you do. I'm sure you would have better things to do with your time if you weren't concerned with what your responsibilities are. I guess what we are seeing is rather than just because he went and bought this property because he meets all the criteria within the zoning;just because something is legal doesn't make it morally right. Abortion is legal, smoking is legal, drinking is legal and we have all seen the adverse affect of those legal things that can be done. I would like to show you some pictures. Like I said, they are old family pictures. Just pass them on. Just to show you the peacefulness and serenity of the area. There are no fences, maybe one or two and that's because they have a swimming pool. When we 16092 maybe one or two and that's because they have a swimming pool. When we bought there, now you guys say this was changed in 1965, we bought there originally, and we were told because we asked what about back there and we were told they can't do anything with that. So that was one of the factors when we bought. Mr. McCann: John, what does the Future Land Use Plan show for that area? Mr. Nagy: For the low density residential consistent with the established zoning of the area. Mr. McCann: These are very nice family photos. Mr. Farmer: If this is a done deal, please tell us because we have some other thing in mind but I personally, the people before, and the people speaking after, the residents whose letters that you say you have are all opposed to this. We don't begrudge anybody making money. Further west and further north, they are dying for this kind of stuff. They want subdivisions but the subdivisions I have seen are large multi-homes and these little micro-subs, like the people said, they are just cramming them in. We don't need the tax base, we don't need the revenue from 15 homes, not when it jeopardizes what other people have and deteriorate our property value as well. That's all I have. Thank you. Donna Zalewski, 18687 Bainbridge. My property abuts the adjoining Merriman Forest Subdivision. The only reason I found out about the subdivision was because I was home from work one day and had a property surveyor actually in my back yard surveying my property and telling me there was going to be a road going directly behind my property before any of the residents in the neighborhood received notification. I was extremely upset. I called the City Council, the City Planning Commission and that was when Mr. Farmer went down and found out there was an actual plot for the proposed development. I have lived in Livonia for 19 years. It took us a long time to find our property where we wanted to live. We wanted a large lot for our children and we wanted it abutted by trees. We bought this property because we were told the property in the back was zoned rural. We paid extra for our property because the property in back of us was zoned rural and we were told that there would never be another subdivision built between Merriman Road and Bainbridge Court. Mr. McCann: Who told you this? Mrs. Zalewski: The developer for our land. Mr. McCann: Did you go to City Hall? Did you see what the Future Land Use Plan proposed? Mrs. Zalewski: We were given a plat development that showed it was zoned rural. I do not agree that this was zoned back to R-3 in the 1960's because there was never any type of ,� 16093 notification given to any of the residents in the neighborhood concerning this rezoning. I don't want my property value to go down. I have made considerable improvements to my property. We put a lot of work into our back yard. If they go in and remove all these trees, my property value is going to go down at least $15,000 and not only do I not want my property value to go down, I don't think people purchasing that property would want all the trees removed. You are calling this subdivision Merriman Forest but yet you are coming in there and you are removing all the trees. What kind of forest is this? What I would like you Planning Commission members to do is take a hard look at what you want the City of Livonia to look like in the future years. I really worried about the esthetic value of our community. All we are going to have is a bunch of buildings and a bunch of homes, one on top of the other. Nothing esthetically pleasing is going to be left. That would make me move out of the city and I am sure it would make a lot of other people move out too. Please consider the stopping of building micro- subdivisions. It is not in the best interest of the community to do so. You do not need that little bit of taxpayer dollar. You have enough industry to support the City of Livonia and what we are asking you is to please preserve our rights as citizens who have lived there for the last 25 years. Bill Zalewski, 18687 Bainbridge. We read in the paper every year how great the City of Livonia is. Whether it is in a Michigan paper or across the country, that is for people who are on the outside. The more I watch the Council meetings on T.V. every week, it is for the people on the outside. It is not for the people who are here. The things that we want, we can't get. Just because it meets a zoning requirement, everybody's happy. Somebody is going to get some money. Where is the quality of life - it is going down the drain. Utilities, maybe somebody can answer these questions for me. Where are they coming in from. Are they coming in off of Merriman? Are they coming in off of the easement off of the back of our property. Can somebody answer these questions? Mr. McCann: Those are the questions that have to be prepared before the final plot can be approved. At this time, we are just looking at the possibility of a preliminary site. Mr. Zalewski: I have no way of knowing if it is going to impact the easement on my property? Mr. McCann: But there would be another hearing on this matter before it would be approved. To look at those issues before the Council. Mr. Zalewski: O.K. Another question, can somebody answer what is actually an easement? Mr. McCann: An easement is a right-of-way that you may have for a telephone company, for the power company, for the utilities, water and sewer and that gives the utilities the right to enter onto your property to put the power lines through, to work on them, to keep the trees from interfering, etc. 16094 Mr. Zalewski: Could you please give me a definition of greenbelt? „` Mr. McCann: John, do you have a definition we use for the City? Mr. Nagy: A greenbelt is a strip of land that is long and linear in form and developed in landscaping to enhance the visual appearance of screening - generally separating incompatible land uses. Mr. Zalewski: Can an easement be considered a greenbelt? Mr. Nagy: An easement can be established for greenbelt purposes. Yes, an easement is a limited interest of real estate. Generally called the "right" and that limited interest is specified on what that right entails. Whether it is for utilities, greenbelt, access, it is a limited right to use property for specific purposes and it is legally described across the face of the property. Mr. McCann: A greenbelt is more of a physical description. You maintain an easement for a greenbelt. They are one in the same. Mr. Zalewski: This plan that the developer has, according to city requirements, there is 720 sq. ft. for each lot is considered greenbelt, open space requirement. With the new proposal of him going to 60' on Pickford, he is losing approximately 10', possibly 300 sq. ft. on the easement on the right hand side of Pickford. Does this open „r„ space requirement for this whole subdivision meet what the city is looking for? Mr. McCann: No, actually, it comes out to about 4,746 sq. ft . short. Mr. Zalewski: Thank you. Mr. McCann: That is a valid reason to deny it. Mr. Zalewski: From a drawing that I saw, the easement goes all the way around this subdivision. I don't know the exact footage because I only got a quick glimpse. Mr. McCann: The open space requirement is at the entrance, is that right? On the south side? Mr. Nagy: That's right. I don't know what you mean when you are referring to something going all the way around ... Mr. Zalewski: From the drawing that I saw, there appeared to be an easement completely around this subdivision. Mr. Nagy: Those are set back lines. That defines how close the building can come to the rear property line, it is not an easement. 16095 Mr. Zalewski: Just for the sake of argument, if you people decide to go on with this, I did a preliminary drawing I would like to show you. From what I drew up here and this doesn't show the cul-de-sac where he acquired the rest of the property, our Lot is No. 23, and Mr. Farmer, who spoke earlier, is Lot No. 22. Mr. Farmer's end of his patio deck is 15 feet from the lot line. I don't know exactly how these houses are going to be laid out but what I did was a preliminary plan of 12 houses rather than the 15. There is one property in here I did away with. We were looking at a 35 foot area whether is be a tree stand which if we are going to call it Merriman Woods, this whole area here is trees and is all going to be gone. This area here is a little more open and but there are a number of trees in here and we would like to see a berm with trees preferably of our choice if we have to go along with this thing and I am truly opposed to that but if we have to settle for that we would look for a 35 foot greenbelt area back here. He may lose a few houses but I am already lost $10,000 to $15,000 in property value. And so has Mr. Farmer and all these people along here while he is claiming that this is a big beef and that may not your property and I probably will not move. We got our tax bill and it says my taxes are going up next year... Mr. McCann: Sir, I am suppose to keep everybody to two minutes, you have been up there for twelve minutes. Mr. Zalewski: I apologize. I am almost done. I got this bill and my property taxes and going up but my value is going down. Should I schedule a meeting now to make my property taxes lower for next year? That's my questions. Mr. McCann: Sir, what we generally find is that these subdivisions tend to increase value to all property owners. Zalewski: To who? I am looking at beautiful woods. Mr. McCann: I understand that. Mr. Zalewski: I don't want to look at somebody's patio. Quality of life, that is all it is. Mr. McCann: It is beautiful and it is nice. I understand your concern. This is one of the problems that we have. I have sat up here and said when Livonia had 100 residents and if the first 100 residents had had their way, that would be it. If every petition that came up before us and we said no there would just be no growth. I understand that over the years we do have to limit growth where we can. But the Future Land Use Plan has called for development,property zoning has been R-3 for this type of development for many years. Many years ago it could have come before us and said this isn't proper. We go through the city and try to find areas that should be rural urban farm and change it, we try to find new zonings for it. We have to work within certain perameters. I'm going to go into it now just because people were upset because they thought I laughed when he said the City had so much money 16096 they don't know what to do with it. Well, ask Mr. Farmer there every time the police go in for their union to try and get more money the city claims they don't have any money. Mr. Zalewski: I'll pay the extra taxes. I'll pay - keep it out of here. Another question, we have ecology issues that we have to deal with. It's the future. It's our kids lives, o.k.? Do most of these people here know that there is going to be another subdivision coming off of Seven Mile? Somebody has mentioned it to somebody. These houses are going to back up and this lady that spoke up first, she has no place to turn. Mr. McCann: I appreciate your argument. I never make a decision until after all of the people have spoken. That's my personal point of view. This is a public hearing and we are trying to get all the information and we do have other residents we would like to hear from. Thank you. Rosalie Wolicki, 18579 Bainbridge. We were the first and original homeowners in the Bainbridge Court subdivision and one of the reasons we bought our home was because of the woods in the back. We really value our privacy. We can see that homes have to be built now and them but I think like everybody else that too much is too much. We really would like to keep some trees in the back, 35' or possibly they can be planted because we have no privacy. If you were in our shoes you would feel the same way. Think about it long and hard. Thank you. r.. Melvin Wolicki, 18579 Bainbridge. Our lots back up against the new subdivision being proposed. As my wife just mentioned, we purchased our home 24 years ago. When we purchased it we thought we would have woods behind there for the rest of our lives and now a subdivision is going through and like my neighbor mentioned before. They are talking about building another subdivision just north of this subdivision. We have seen the pictures that were passed around. We have enjoyed the woods since we lived there. It is a way of life. One of the restrictions we will find that with the street coming through for a turn around court right there the lights from the cars will be flashing through our patio doors. Changing our type of life that we have enjoyed. I want to voice another concern that no one was notified on this plan to build a subdivision. I don't see why the city can't just sent a letter to the people saying there is going to be a subdivision going in there. To me it seems like they are just trying to put something over on the residents in the area. I just want to voice my opposition to this subdivision. A green zone would be a nice factor blocking the lights and how it is right now, it won't keep them all but it will help. Thank you very very much. Don McGowan, 18680 Merriman. I own most of the trees these people are looking at. I have lived there for seven years and those trees have been for sale and those people could have kept their quality of life any time they wanted all they had to do was purchase my land. I take care of those woods. I clean the woods out. I get eat up by 16097 mosquitoes. I have tried to thin them out. They can have them. They could have bought them over the course of several years. Those chose not to. The property was for sale and I did have a sign out. As far as people talking about Mr. Duggan he approached me on this deal three years after I heard about it. This is the third developer that has tried to put something together and put a subdivision in there. So I've known about this project for in excess of four years. Some of the people brought up fences and all. Nature and all that. I'm fenced in on two sides of my property. One is a wire fence in excess of 40 years old, it is all rotted, post knocked and fallen over. On the other side is an old wood fence. It is unpainted and the posts are rotting and leaning. The only side that doesn't have a fence is on the Bainbridge side, the new sub. There is no fence. So the fence issue, the only ones I have around are in excess of 30 years. The woods issue. They are my woods and nobody is helping me take care of them, clean them, trim them. The last time I had a guy in there to take care of the trees on that property it cost me in excess of $5,000 a year ago. Nobody helped me pay for that. Now I decide to sell to a developer. The third developer that has tried to put something together. He seems to up an upright guy. He's made a deal. He wants to build quality homes. He wants to build 2200 square foot homes. I heard there's not that big of homes in that area. My home was built in 1945 and it's 2200 to 2300 square feet. My neighbor behind me his is 1950 square feet and right next to him I think is 1500- 1600 square feet so a lot of these people try to turn things to their way of thinking. But the facts are the facts. The property has been for sale. It's the third developer. It's going to increase the price of my home and their home. I heard a lot of people from Bainbridge and I bought my home from an old lady that lived there for years and years. She probably was thinking the same thing and they encroached on that lady's woods and property when they built Bainbridge. Now how can those people who just 20 years ago whenever that sub was built stand up here today and say they can't take down someone else's woods to put in another house or 15 homes when they are the very people that are living on the farm land before that. They took away trees and farmland and killed wild life and everything else to build the very home that they live in. They live here because they took some farmer's field. or sod farm or whatever business for the property. Someone gave up their property to give them the right to live in this fine community. Now other people are just going to have to give up somebody else's view, the woods they don't own . They have right to sell that property and the developer has the right to build quality homes to code and add to the beautiful city we have and the fine police force we have because we do have taxes and we do have quality homes in Livonia. I am very much for it because I think it will make my house and all the neighbors value go up. It will maybe get rid of the old raggedy fences around my property and maybe somebody else will share in the trimming of the trees and getting rid of the mosquitoes. And another thing that was brought up, they don't want these houses done or built on someone's property but when their daughter wanted to live in Livonia and they wanted to check into building a house behind their parents house they had no thought of the bunnies running through the weeds when they wanted to put a house behind theirs. So to stand up here and talk about nature and the fox 16098 they didn't have that concern when they wanted to build behind their parents house because they thought it was a lovely place to live. You know the first lady doesn't want it and she is the only truly serious one that doesn't want to because she didn't sell her property to the developer. She can uphold that and that is her right. She's going to have that big strip of property right next to these big houses and it is going to increase the price of her home and she still gets to keep her nice yard. I am very much approving of the subdivision. Thanks for my time. Lorraine Movinski, 18670 Merriman. I live next door to Mr. McGowan. I can't say it any better than Mr. McGowan. I feel for the people that live there, I hear 19 years, 25 years. They don't have this all by themselves they feel like this is all theirs. But what about the people who want to have an opportunity to live in that community. They've had it for 19 and 25 years. I have run into a couple of people who said they would just love to live behind us and have a home. And I said wonderful, what a great neighbor you would be. I feel it a little bit being selfish. I don't see that they will be cutting all the trees down. I believe they will be very nice for the people who are going to plan on living here in Livonia. and it's not just because I am selling my property. I just moved here two years ago and I love it. I plan on staying here. It doesn't affect me like it will the people who have been there for years. That's one of the reasons I bought it. They are going to come up on that property and they have been there for years I understand that and times change and people want to live in Livonia so why not give them that opportunity to stay another 10 years just like you've enjoyed it. So we can't be all be selfish in that. Thank you. Mr. Movinski, 18670 Merriman. I bought here, like my said, two years ago. I did buy a large piece of parcel. It is pretty to look at and the trees, and I do have a problem with my fence. My house was built in 1934 , it is almost 2,000 square feet and it is beautiful to look at the trees but on a hot summer night it sure is a hazzle to go out there and mow the lawn. The people that are complaining about the trees and stuff, I looked at their houses and from my lot is over 600 feet deep and I go over and look at their property and boy they have no back yard. When they bought their houses their back yards are very short and I could see that tree barrier could affect them a little bit. After I sell my property, I'll still have over 220 feet of yard. I don't think that's going to affect my yard or my house because the way the parcels are laid out I will basically have the same back yard as I did before all I'm going to see is a couple of houses here but basically it's not going to change. I'm the last lot on the plan and the way the plans are laid out it basically is going to be the same only I won't own it. Thank you. Maureen Alfonsi, 18423 Bainbridge Court. I represent Court 5. We are not affected but our concern is if this subdivision is approved, and we are opposed to it, but if it does go through would he ever be able to take that road and come into Hillbrook and make that a through street? We don't want a through street through there. We love our 16099 privacy. We don't want traffic coming through when there is a wreck at 7 Mile and Merriman which happens a lot. Mr. McCann: The preliminary plat shows a dead end with a circle. Ms. Alfonsi: O.K. So it will never be changed? Mr. McCann: You would have to rip down a home and change the street Ms. Alfonsi: That was our main concern that that wouldn't go through. O.K. Thank you. Phil Szwedo, 31377 Hillbrook. If I could have the transparency up that showed the area. I own the property, I'll have to point, I am right at the end of Hillbrook. Now based on the fact that this is a preliminary plan, Mr. Graham, who owns the property north of me if by some chance he should decide to sell to the developer , that would put his proposed subdivision if he decides to build houses on that property about 150' from the end of Hillbrook and at this point I understand from the City that there is no easement for a road across the front of my property but I just wanted to let the Council know that there is no way on God's green earth that I am going to sell and allow a street to go across my property to connect to his subdivision. That's all I wanted to say. Thank you. JoAnn Yurgil, 18435 Bainbridge. You are going to have to hear this three times. We do not want those streets connected. The wrecks at 7 Mile and Merriman are on going even *` though you put the traffic light with a left turn signal and I heard your comment that they are never going to go through, but personally, I don't believe it and I am just here to nail down Faye and the guy in front of me, three times, we do not want those streets connected. There are lots, at least one, that has not been sold as far as we know but we never really seem to know the whole story so like the previous speaker said, he would like something and I would like a little more assurance that that street is not going to go through his front yard because there is a direct connect right up to 7 Mile and any time there is a wreck there, they are going to be traipsing through there and cut around to get through the intersection. That is really why a lot of people are here tonight. We do not want those streets connected. There are numerous people on Bainbridge today that ignore the 25 mile an hour speed limit. They go through at 40 and 45 miles an hour. Mr. McCann: The plan shows it deadends right into a house. They can't build a house then rip it out. Mrs. Yurgil: I don't see it. Mr. McCann: I am going to close the public hearing. Is the petitioner here? Voice from audience: He had to leave. 16100 Dave Cezon, 18531 Bainbridge. It is not true about that street. We went through this about 10 years ago. r.. Mr. McCann: What street are you talking about? Mr. Cezon: Hillbrook, where the cul-de-sac is. They built two homes down there. They wanted to build several homes down there. We signed a petition to stop that back then. When they built those homes, they built a home to the left and to the right with a split driveway coming up the middle leaving the option, I'm sure, to put a street there back up to Merriman at some point and time. Because that's originally how that was planned. Mr. McCann: Sir, you're talking about right there, correct? And a street going up between them? Mr. Cezon: Yes. They were going to bring all the traffic down Bainbridge down through Hilibrook and through the cul-de-sac. They were going to bring traffic in behind those courts. Mr. McCann: John, do you have any comment to make? Mr. Nagy: When Hillbrook Subdivision was designed, it was intended to be extended north. If you look at the Hilibrook cul-de-sac the way that is terminated at the north end of 's"` the subdivision area, you will see there is unlike the design of the subdivision in the new plan, there is a little pendage to continue a 60' road on north. The two lots the previous gentleman spoke to where the two homes are those two homes are not in the Hillbrook Subdivision. Those are two lot splits north of the actual subdivision area. Compare that design which brought a right-of-way north of the cul-de-sac to the north property line of the subdivision with the design you are looking at tonight and you will notice that this cul-de-sac does not come all the way down to the southerly limits of the subdivision area. It stops north of it by 120' to provide for two houses within the subdivision area which will hence forth surround the entire road pattern with homes. That was not the case with Hilibrook. This design will forever seal off the road called Pickford and Danny from ever being extended. It is part of the integral part of this design to stop it and forever have it as a court. Mr. Cezon: I understand that part but what I'm saying is there is nothing to prevent them from taking Hillbrook where those two homes were put in there and extend that road west to Merriman because they way those homes were put in they were put in at a 45° angle like this with a common driveway.... Mr. McCann: Sir, I'm going to stop the public hearing. This has nothing to do with the site. It is 10 o'clock and we have only been through four items. We're going to be here until 16101 1:00 in the morning. We've got another ten items to go and this is not an issue before us tonight. If this ever gets passed, it would definitely prove that they can't connect the roads. Mr. Cezon: Do we know what the soil composition is back there? Mr. McCann: That is something for the Engineering Department to look at for the final plat. I am closing the public hearing and I am passing the gavel. There is a lot of concerns out there tonight. I would like to table this for a further study. I want some definite answers as to when the R-3 zoning was put in there. I have been on the Planning Commission for over ten years. I don't remember any type of zoning change in this area. There are some concerns in myself as to layout if there can be any type of buffer put in between Bainbridge and the proposed subdivision. I want to look at a that a little closer. Unfortunately, the petitioner had to leave to catch a flight out of town. I do not want to deal with it at the next public hearing when the audience and the television know the prior item took considerable time at the next regular meeting. John, do you have a suggested date when this would be appropriate? May 19 for the next regular meeting. Do we know what the June 9 regular meeting and public hearing will be like? Mr. Nagy: I think we could accommodate it for the June 9 meeting. Mr. Alanskas: There's a tabling motion on the floor for the June 9 meeting, supported by Mr. Hale. I'll pass the gavel back to Mr. McCann. Mr. McCann: Ladies and gentlemen, you are all invited back for that meeting. It does take a full consent of the Planning Commission at a regular meeting which will be under the public hearing portion of that meeting for the audience to participate. We will limit it to discussion on new information since there was a previous meeting on this. Ms. Beauchamp: Can I just ask one question? I heard Mr. Nagy say there was a previous meeting? Mr. McCann: The only thing that's done is the staff meets with the Planning Commission just to tell them what's going to be on the agenda for the next week. That's the only thing we do. They give us a brief description of what's going to be on our next week's agenda so that we can go out and look at the various properties to get an idea of what's going to be on the agenda. Someone in audience: Will we be notified of the next meeting? Mr. McCann: No mam', this is the only notice you get. There will be no sign. The next hearing will be on June 9 in this auditorium. We will take this up again in the regular meeting section of our agenda. Did everybody get it? 16102 Someone in audience: Is this considered a preliminary meeting? Mr. McCann: It's still a preliminary plat. No action has been taken tonight other than to take it '44 ow for further review so that we can investigate it, study what's been presented to us tonight. Some of us may be out to talk to the neighbors and take a look at it. Thank you. On a motion by Mr. LaPine, seconded by Mr. Alanskas and unanimously approved, it was #5-68-98 RESOLVED that, pursuant to a Public Hearing having been held on May 5, 1998 on Preliminary Plat Approval for Merriman Forest Subdivision proposed to be located on the east side of Merriman Road, south of Seven Mile Road in the N.W. 1/4 of Section 11, the Planning Commission does hereby determine to table Preliminary Plat Approval to the Regular Meeting of June 9. FURTHER RESOLVED, that notice of the above hearing was sent to abutting property owners, proprietor, City departments as listed in the Proof of Service and copies of the plat together with notice have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department and Parks and Recreation Department. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. The Public Hearing portion of our meeting is now closed and we will go on with the miscellaneous site plans. Mr. Piercecchi, Secretary, announced the next item on the agenda is Sign Permit Application by Kasper Enterprises, on behalf of Westborn Market, requesting approval for signage for the store located at 14925 Middlebelt Road in the Northeast 1/4 of Section 23. Mr. Miller: This site is located on the west side of Middlebelt between Five Mile and Linda Avenue. Westborn Market is requesting approval for three wall signs and a nonconforming ground sign. Because the signage is in excess of what is allowed by the sign ordinance, the applicant first had to be granted a variance from the Zoning Board of Appeals prior to being presented to the Planning Commission. A variance (case #9801-01) was granted at the Board's January 13, 1998 Regular Meeting and March 31, 1998 Special Meeting. Mr. McCann: Would the petitioner come forward and state your name and address. Mark Anusbigian, 248 Pilgrim, Birmingham representing Westborn Market. I am one of three brothers who are currently working that store. Mr. McCann: Want to tell us a little bit about your sign and why you need the variance on this one. 16103 Mr. Anusbigian: Having a strong understanding of what the guidelines are that we've set here in Livonia as far as signage, I know a petitioner better have extremely strong reasons for approval to be granted. And I believe I have those reasons. I have sat here for five hours listening to everyone in the City trying to keep trees and natural landscape and shrubs. On Middlebelt we have planted 50 trees even before you get to the front door, most of them which are above the 11' height I am requesting. We have planted over 100 shrubs that are in front of our building before you get to the front door. With the landscaping and sod there were four trailer loads of sod dropped off on that site which represent close to 100 pallets of sod that were laid on that site before you get to our front door. I have met with the panel and commissions before and I've done everything that I said I was going to do for this project and beyond. I think I've met all your expectation and having talked to most of you, I think I have exceeded many of our expectations for our City of Livonia. I am extremely proud of what we have put together. Today was opening day which was extremely successful. The excitement of our market is going to carry on. When you shop at Westborn it is not strictly a shopping experience. For many people it may be a destination for food but for many others it is a destination of an event and our sign publicizes our events that we do do. Also, having a new box store that is recently opened on Middlebelt, I went over there the other evening to see what they have done to better our community as far as exterior facade, and treatments and buffers and things of that nature that make Livonia the community it is and to my chagrin, they have virtually done nothing. Maybe a dozen Hostas the size of a small volley ball and a few small bushes were put in front of their building. It is not the way I operate. It is not the way we run our business. The walls we put up on Middlebelt soften the entrance as well. I believe I have proven to this committee that we do know how to put together a presentable, suitable package for our community and the signage that I am requesting is just a part of that. In total square footage I am asking for a 6' X 7' 42 sq. ft. area. If you cut off the corners, it is possibly down to a 36 sq. ft. of additional front signage. I am 65' under on the walls which gives us approximately 30 sq. ft. less than I could possibly have had on that site. I don't want to put massive signs on my buildings. I could have put a large character or a large flat sign up. The signs we have chosen are in character with our building and within the entire site that we have put together for our City. Mr. McCann: Thank you. Any questions? Mr. Hale: Does that 42 sq. ft. include the cartoon on top or it doesn't? Mr. Anbusbigian: The 40 sq. ft. area that I mention is the 6' X 7" area on top above the allotted 6' area. If you cut off the corners of the cartoon, I believe it is 36 sq. ft. additional that I'm really asking for. 16104 Mr. Hale: Are you really of the opinion that that additional square footage is something that is imperative for the business? If you drive around Livonia, you don't see typically monument signs that large and I guess I just want to know from you what is the `"' precise reason for it. Today was a great day for you and I know people are going to know where your store is. Why do you want something so large? Mr. Anbusbigian: To publicize the events more than anything. I fought hard on the Z.B.A. to get to this point because it is important. If it isn't, I don't think I would have gone the three months and jeopardized perhaps as I have opening without the sign. It is an important issue for us. We have proven that it works on Woodward. It makes an immense difference in the marketing of our products. Mr. Hale: You've got the same one on Woodward except it is on a pole. Mr. Anbusbigian: The one on Woodward is even larger. The one on Woodward is 21' high. So everything about the sign is larger. There are additional lines. It is wider, there are more letter characters that can go on the sign, the character on top is much larger as well. Mr. LaPine: You know we had a little discussion about the changeable copy. Me and Mr. Alanskas after we were out to your establishment on Saturday we looked around Livonia and we were surprised how many changeable signs Livonia does have. And you indicated to us, a lot of your advertising is going to be events like the Livonia Spree, things of that nature, not only what you're selling within your store. I, as one member, have changed my idea about your changeable copy. I'm for the changeable copy but I also would like to commend you for an outstanding job you have done. I was just amazed when you took us for a tour on Saturday. The high quality of workmanship that was done on the job and the amount of money you spent at that location, and the things you told us you were planning in the future to do not only to enhance your business, but to help Livonia. I think you should be commended for what you have done. I just want to add that. Mr. Alanskas: In regards to the height of your sign, set back, I would say no but being you are 200 feet in the rear I think that the 11' sign is not intrusive at all. Mr. Piercecchi: I would like to make a few comments. I too want to express my compliments on the appearance and layout of your enterprise on Middlebelt Road. I think frankly you've raised the standard of your business classification to a new level in our wonderful city and I'm confident when the Council granted you waiver use for an SDM license in spite of the 50' rule between SDMs It was in recognition of your investment and care with which you developed this site, walls, etc. As I see it, your closest competition is probably going to be your Dearborn store. However, maybe Bill isn't troubled with approval for changeable lettering and I would accept it if it was for announcements but in my four years tenure on the Commission, I cannot honestly recall waiving either in regard to a monument sing. In fact during March, 16105 this body denied Walgreens that privilege of changeable lettering on their sign. The reason I'm opposed to it is it is really lettering. Lettering is really advertising not identification. As far as the size of your sign, I realize you like that logo on top and I know that's really what's kicking the numbers up. Could I mention a viable option and compromise to you? Since your distant and future plans call for an expansion, you do qualify by virtue of being a business center for a 40' sq. 8' high sign. Do you think you could live with that? A compromise between an 11' and a 6'? Do you think you could live with an 8' high sign? Mr. Anbusbigian: Well, I started off at 21' with ZBA and the way we got down to the 11' was by dropping the letter size sown to a 6" letter which originally were 8". Originally, we had 4 lines of copy, now we're down to 3 lines of copy. Kasper Enterprise was with me through the ZBA proceedings. During those proceedings, we determined that if the letter got any smaller, based on the speed of the traffic, that you can't see it from more than 45' away, which is how we determine the sizing that we ended up with. Mr. Piercecchi: I can appreciate that but couldn't you take your logo and decrease it in size a little bit and fit this business center class? My concern is you're going to have a beautiful package there but you know you kind of put us in jeopardy there on people that come after you. They may want to have big signs like that too. I can't ever remember a monument sign since I've been on the Planning Commission for 4 years that's been over 30 sq. ft. I'm just offering that as a voluntary option for you because you're going to be going before the City Council who of course makes the �`` final;judgment but that may element the potential that we may be subjected to. They may say, well you gave it to Westborn we want one too. See my point? Mr. Anbusbigian: Oh absolutely, because I think I will become a benchmark for frontal facades within our community. I do have a couple responses to that. There are changeable letter signs all over the City within site of our building there. There is probably 5 or 6, well no, I take that back, there's 4 that you can see right from where we are proposing to put our sign and if you drive down Middlebelt to 8 Mile and back towards Schoolcraft, there's close to 25 changeable letter signs. On top of that there's hundreds of changeable letter signs all over the buildings that are using paper signs within their windows to change their copy and advertisements of many different natures all the way through that same district between 8 Mile and the Schoolcraft freeway there. We don't do any of that. We keep our windows clean. So, yes, the question of changeable letters has been an issue brought up but I think there are many changeable letter signs going up through that whole corridor which are far more unsightly and displeasing architecturally and esthetically than what I'm proposing this evening. Mr. Piercecchi: You are absolutely correct. There are scores and scores of ground signs with changeable lettering. We've got flower shops and many places. Again, I can't recall that being permitted. That's past history. I don't know if you want us to set 16106 a precedent based on perhaps bad policy. Mr. Chairman, this is something that should be looked at in our ordinance which is viable lettering and perhaps we can clean this process up. In your case, I can understand anyone with changeable lettering who has perishable goods because you can't afford them, not like a hardware store who has a hammer. He can sell a hammer anytime. We'll address that, I'll assure you. Mr. McCann: We need to move on. On a motion by Mr. LaPine, seconded by Mr. Alanskas and unanimously approved, it was #5-69-98 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Sign Permit Application by Kasper Enterprises on behalf of Westborn Market requesting approval for signage for the store located at 14925 Middlebelt Road in the N.E. 1/4 of Section 23, be approved subject to the following conditions: 1) That the Sign Package submitted by Kasper Enterprises, as received by the Planning Commission on April 6, 1998, is hereby approved and shall be adhered to; 2) That the brick used in the construction of the base of the sign shall match that of the principal building and shall be full face 4 inch brick, no .. exception; Nik3) That all signage for this store shall not be illuminated beyond one hour after closing; 4) That window signage for this store shall be limited to 20% of all the glass area as permitted by Section 18.50(g) of Zoning Ordinance #543; 5) That any additional signage shall come back before the Planning Commission and City Council for their review and approval. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced that the next item on the agenda is Sign Permit Application by Plunkett& Cooney, on behalf of Champps Americana, requesting approval for additional signage for the restaurant located at 19470 Haggerty Road in the Southwest 1/4 of Section 6. Mr. Miller: This area is located on the east side of Haggerty between Seven Mile and Eight Mile Roads. On June 24, 1997 Champps Americana was granted a variance by the Zoning Board of Appeals to erect three wall signs on their new establishment located in the Pentagon Center Entertainment Campus. On August 19, 1997 the 16107 applicant received Planning Commission approval to erect only two of those wall signs on the east and west elevations of the new building. On October 8, 1997 the City Council upheld the recommendation of the Planning Commission. The applicant would like to revisit the issue of a third wall sign. Champps is now requesting Planning Commission approval to install the additional wall sign on the north elevation of their restaurant. The variance (case#9706-87) granted at the Board's June 24, 1997 Special Meeting is still in effect. Mr. Nagy: We have no correspondence. Mr. McCann: Would the petitioner come forward and state your name and address. John Carlin, 505 N. Woodward, Bloomfield Hills on behalf of Champps. I would just like to indicate as I did at the study meeting, that we are trying to put the third sign on to avoid confusion and to make it clear to the customer. I went over there at night after the last meeting and I drove on and as I was coming off the expressway it was not easy to gather that the Champps was there. I looked at it as I was coming in and I know it was there. I looked at the front of the building and there was no identification. I can see how a customer who is looking for it would be confused. I think it'll avoid any traffic congestion. It'll be easier to identify at the night hours and this is nothing different - and we've down sized it and I've nothing different than what the J. Alexander's has, at the building to the south, there we have a third sign saying three elevations, so I think we do need the sign and it would be helpful Nftwir Mr. McCann: Don't you think you are getting all of that J. Alexander traffic because there is no sign there. Do you want to give up all that traffic and give up that three hour wait. Mr. Piereecchi: I wonder how business is, I understand you can't get in the place. Mr. Carlin: I did go in there and I had to wait. Mr. Piercecchi: You mentioned Alexander's with three signs. You are right but let me bring up one point. Your two signs have 142 sq. Ft. Alexander's three signs have 126 sq. Ft. Now you want to have nearly double the amount of signage that Alexander's has. They had three and less than your two. Mr. Carlin: That's because of the way the ordinance requires the way the logo to be measured. We have the flag and you have to take the entire box in which it is located and J. Alexander's has just a name and it is a smaller sign. It's just the method of measuring it;. The flag, I believe, if you compare the lettering they are about the same. Mr. Piercecchi: But when you approached us on this you were aware of this. You were fully aware of how we kept track of square footage. 16108 Mr. Carlin: Oh yeah. ti..• Mr. Piercecchi: Thank you, Mr. Chairman. Mr. LaPine: I took a survey starting at Six Mile and Haggerty, You've got Applebees there, they've got one sign. You've got Papa Vino's, they've got one sign. Cookers has two signs, one on the east side and one on the north side. Macaroni Grill has two signs, one on the building and a small one the ground. Alexander's got three. I don't know how they got three. I think you only need two signs. To me, the one sign you have facing the hotel is useless. To me I would think you would want the sign on the north side of the building where you can catch the traffic going south. I I don't know why you would want it there except you wanted it there because it was the front of your building. I would suggest you remove that sign and move it to the north side of your building and that would relieve your concern. Now coming in now for that sign, I think you are jumping the gun. You're not hurting for business that's for sure. Everybody I know goes there and thinks that's a great place and love it but the only thing they don't like is that they have to wait so long. There's no doubt about it, I went into two of these restaurants. I went into Cookers talked to the manager and his business has dropped about 15%. I asked him what he attributed it to and he said every time a new restaurant comes out people want to try the new restaurant so we lose a little business but some of them come back. I asked him if it would help he had another sign. He said another sign wouldn't make a bit a difference. He said the more restaurants that go into this area will r.. hurt all of us to a certain extent because everybody want to try the new restaurants. So I think you are jumping the gun by asking for a third sign and I for one just can't see it, but maybe in the future you may convince me that you need a third sign but at this time I don't think you need a third sign. All I think you have to do is rearrange your signs. Thank you. Mr. Alanskas: I just have the same comments. The one facing the movie screens, why do you think that is necessary because if they turn in off of either Haggerty or Seven Mile and they are going to see the sign Champps. Why do you need the one at the back facing the theaters? Mr. Carlin: Well for the exposure for the people coming to the theater plus there is a new exit/entrance coming in off of Seven Mile. Mr. Alanskas: I understand that. Mr. Carlin: That would educate those people coming in from that direction. Mr. Alanskas: I, as one commissioner, would like to see you take one of your signs and put it facing the north and then see what happens within a year and if you have a problem, then come back and see us. Thank you. 16109 Mr. McCann: If there if nothing further, a motion is in order. On a motion by Mr. Piercecchi, seconded by Mr. LaPine it was #5-70-98 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Sign Permit Application by Plunkett & Cooney on behalf of Champps Americana requesting approval for signage for the store located at 19470 Haggerty Road in the S.W. 1/4 of Section 6, be denied for the following reasons: 1) That the applicant has failed to justify the need for any additional signage for this location over what has already been approved; 2) Approving this application would just be excessive and not be aesthetically in the City's best interest; 3) That the proposal to add a third wall sign exceeds the standards of the Sign Ordinance as set forth in Section 18.5011, of Zoning Ordinance #543. A roll call was taken with the following results: AYES: Mr. Alanskas, Mr. LaPine, Mr. Piercecchi, Mr. McCann ABSTAIN: Mr. Hale ABSENT: Mrs. Koons �.. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 98-4-8-12 by Kings Row Centers 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 shopping center located at 16701 - 16729 Middlebelt Road in the N.E. 1/4 of Section 14. Mr. Miller: This area is located on the west side of Middlebelt between Six Mile and Greenland. The petitioner is requesting approval to construct a 1,380 sq. Ft. Additional unit to the existing Kings Row Shopping Center. This new addition would be constructed on the north elevation (facing Munger) of the center. The existing center is 8,303 sq. Ft. In size and with the addition of the new unit would become 9,683 sq. Ft. In total area. Along with the new addition, the petitioner is planning on renovating the entire front elevation. The center would be getting a new architectural look. According to the petitioner, the new facade change would bring the center"into the 21st century". The new addition's building materials would match that of the existing building and along with the new facade change should look as if the entire center was constructed all at one time. 16110 Ben Tieso, 18634 Doris, Livonia, I represent the owner. The building was built in 1974 and has not had any renovation since then and tenants need to expand and they have no where else to expand except outside of the city. So the purpose of the addition is '` to accommodate the tenants that are there and also so they can continue to stay there and also the center is tired and needs a new look. That is why we are trying to put this altogether all in one package as well as new landscaping. I did want to correct something regarding the parking. Has that issue been resolved, Mr. Nagy? Mr. Nagy: I believe it has, yes. Mr. Tiseo: There was some confusion on that. I'm here to answer any questions that you might have. Mr. Alanskas: So your new addition will be next to the cleaners? Mr. Tiseo: Yes sir. Mr. Alanskas: On that side of the wall there, they have glass windows. What are you going to do there? There is going to be a wall and all they'll have is the front windows? And they also had an exit door to get out to get out to the side of parking. They won't have that anymore. They won't have an exit door anymore? Mr. Tiseo: It's possible they could have an exit door. Mr. Alanskas: You couldn't have an exit door if you have a building there. Mr. Tiseo: I'm sorry, you mean for the cleaners? That's right. Mr. Alanskas: So they'll be losing that? Mr. Tiseo: That's correct. But there would be another exit door. Mr. Alanskas We were there Saturday, Mr. LaPine and I, and the parking lot is in atrocious condition. What plans do you have to do with the parking lot? Mr. Tiseo: At this point we were going to seal it and restripe it. Mr. Alanskas: You can't seal a hole. Steven Band, partners with Kings Row. Basically what we are going to do is when we add that addition that's going to be cutting up part of the asphalt that is going to need some repair. There are other sections in there that are going to be replaced or repaired depending on what the needs are. Part of which comes under how the whole thing lays out and where we're going in and in a rush to get things done 16111 the time done on this thing because in Michigan there is a certain time frame you have to do building. We are also in a situation on this were we may lose our contractor to another job because of the time element involved. We right now have '," some proposals that we are trying to bid out on the refixing or re-doing the parking lot. We do know there is a need that it does have to be done. Mr. Alanskas: When you say repair, I would say that 80% of that parking lot that is not even usable. You've got holes there up to a foot deep on the side. Your property is on a slant and when we were there it was raining and you could see the water running towards the bottom there. Mr. Band: We are getting prices for that. Part of that came from damage that the city did when they went down in the ravine and apparently they hired a contractor and without our prior approval, he ran bulldozers off the side and broke that up. Right now we have called experts in the business to give some estimates of what needs to be done. We don't have those back yet. Mr. Alanskas: O.K. I have no further questions until we see the materials. Mr. McCann: John, did you have recommendation regarding the pavement? Mr. Nagy: We expect them to reconstruct the damaged sections of the parking lot. Mr. McCann: O.K. put that in the notes. Mr. Hale: Mr. Chairman, what about the sign. It looks like it needs to be updated as well. It needs to be brought up to the 21st century as you guys indicate in your notes. Any plans on doing that at all? Mr. Tiseo: Yes, it is out intent to refinish the sign, we're not going to be changing the body of the sign other than add an pediment to the top that would match the green that is proposed on the metal front, as well as trimming the sides the same color of green Mr. Hale: The other thing question I want to ask you, your dumpster is very noticeable as you are traveling down Middlebelt. Have you guys thought about enclosing that dumpster? Mr. Tiseo: Yes. The plans do indicate that the dumpster will be enclosed. Mr. Hale: O.K. That's all I have. Mr. Piercecchi: Did you bring any of the materials tonight? Mr. Tiseo: Yes we did. 16112 Mr. Piercecchi: We want to see the color. You've got two colors of the 8 X 8's. Mr. Tiseo: That's correct. In the rendering in the color elevation it shows the mixture of the color tiles and that's why we have the dark brown and the beige color. Mr. Piercecchi: The dark brown is going to go around the windows? Mr. Tiseo: Both - that's correct. Mr. Piercecchi: The light color is going to go.. Mr. Tiseo: Up above Mr. Piercecchi: I thought that was going to be dryvit. Mr. Tiseo: It is. Up above is the dryvit type of material. I have two different colors. Here depicted in the elevation. Mr. LaPine: Who is moving into the addition? Mr. Tiseo: I would have to defer back to the owners. Mr. Band: What we have right now is a situation where over the last ten years we've lost two or three tenants. We have had two vacancies over the last two months. What we have in there is that our tenants end up doing so well there is an expansion need that they end up moving to other communities. Right now I have a situation with the fine wine source that's in there which is a fine wine collectible. He is to the max on room and made a commitment to go into that new unit and expand and he may end up staying where he is and going in there as well. So he's doing custom wine racks, high end type of stuff and he just doesn't have the room. . Mr. LaPine: Does he sell wine in there by the bottle? Does he have a liquor license? What is the story? Mr. Band: He does have a beer and wine license. Mr. LaPine: Does he sell by the bottle or by the case? I see stuff stacked all over the place. Mr. Band: It is pretty much by the case but I guess if you want a bottle he does sell the high end stuff. Mr. LaPine: So he does cater to the public? Mr. Band: He does cater to the public - it is open door. 16113 Mr. LaPine: All your signage across here, I hope you are going to standardize that. By that I mean we're not going to have red, yellow, purple, green. - all the signs are going to basically be the same color. Now Mr. Band: We have not finalized that with the tenants. I'm not sure who I have in there, for example if I have State Farm in there they have to deal with a corporate logo. I'm not sure about some of the other tenants in there. That's a detail that we would have to work out with the signage. We are going to stay with the individual type of signs. Mr. LaPine: Also, when you are out there you see all type of tenant signs on these buildings. Let's try to hold that to a minimum. Mr. Band: We try to make sure it does not look like a flea market. We want a professional standard that stays in the property. Mr. LaPine: The only other thing I have to say, is the parking lot needs to be repaved,just not patching. If you patch here, something down here isn't taken care and in a few years that's going to need repair. So if you are going in there to make a whole renovation, I think you should repair the whole parking lot. Mr. Band: That's why we have two or three asphalt companies giving us proposals. Mr. LaPine: The last thing I want to ask, all the stones out along Middlebelt, I hope that's all ,u, gone. Mr. Tiseo: Is that the new landscape plan you have there? Mr. LaPine: It says shredded hardwood mulch. Mr. Tiseo: Yes, we are removing those stones out of there, putting in new vegetation. Mr. LaPine: Are you going to put in some shrubs? Are you going to do some nice landscape? Mr. Tiseo: Yes, there is landscaping indicated on that plan. Mr. Alanskas: New landscaping? Not existing Mr. Tiseo: Yes sir, brand new. Mr. Alanskas: You have a few flower boxes in front of the stores. I call them weed boxes because I don't think they have anything in them for the past ten years. I hope you plan on putting new boxes in there or landscaping those boxes. Mr. Tiseo: If they are there, yes sir. 16114 Mr. Alanskas: There are a few there and they look terrible. Mr. Tiseo: They are probably scheduled to be removed. Mr. Alanskas: If you could upgrade those and keep them in a nice condition we would appreciate it. Thank you. Mr. McCann: Are you changing the main sign out front? Mr. Tiseo: No that's staying. We're only going to dress it up. We are leaving the body of sign alone. Mr. McCann: Are you putting a pediment on top? Mr. Tiseo: No, we're putting a pediment on top to reflect the triangular portion , that's going to reflect triangular portion that's going to be the new facade on the center. Mr. Hale: Do they need to come back for that John? Mr. Nagy: It all depends on how extensive it is. If they don't change the sign face, then the sign is grandfathered in. They came make necessary repairs or ordinary replacements to sustain the life of the sign. If it represents an expansion or addition, then they would be prohibited from doing that. Mr. Hale: So then they would have to come back before us. Mr. McCann: A motion is in order. On a motion by Mr. Hale, seconded by Mr. Piercecchi and unanimously approved, it was ##5-71-98 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 98-4-8-12 by Kings Row Centers requesting approval of all plans required by Section 18.58 of Zoning Ordinance #543 in connection with a proposal to construct an addition to the shopping center located at 16701-16729 Middlebelt Road in the N.E. 1/4 of Section 14, be approved subject to the following conditions: 1) That the Site, Landscape and Elevation Plan marked Sheet P1 prepared by Redstone Tiseo Architect, as received by the Planning Commission on April 14, 1998, is hereby approved and shall be adhered to; 2) That all disturbed lawn areas shall be sodded in lieu of hydroseeding; •r. 16115 3) That underground sprinklers are to be provided for all landscaped and sodded areas and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 4) That the petitioner shall meet to the Engineering Department's satisfaction the following requirement as outlined in the correspondence dated April 28, 1998: that the hazardous public sidewalk located next to the eastern drive on Munger Avenue shall be replaced as part of this project 5) That the petitioner shall meet to the Department of Public Safety's satisfaction the following requirement as outlined in the correspondence dated May 1, 1998: that the required handicap spaces shall be evenly dispersed across the entire front (east) side of the building that each handicap space shall have a symbol of compliance that each handicap space shall be at least 12 feet wide or 8 feet side with a 5 foot adjacent access aisle - that handicap ramps shall be provided for each handicap space to allow access to raised storefront walkway 6) Approval does not extend to signage and the parking lot will be completely restored to the satisfaction of the Inspection Department and restriped as well. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this conditional use approval is valid for a period of ONE YEAR ONLY from the date of approval, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced that the next item on the agenda is Petition 98-4-8-13 by the City of Livonia requesting approval of all plans required by Section 18.58 of the zoning ordinance in connection with a proposal to construct a fire station on property located at 34850 Seven Mile Road in the Southwest 1/4 of Section 4. Mr. Miller: This property is located on the northeast corner of Seven Mile and Bicentennial Drive. This site is presently going through the process of being designated a fire station site on the Master Fire Station Plan. Because this site is zoned PL, there are no regulations specified in the ordinance as to setbacks, parking, landscaping etc. The submitted Site Plan shows that the new station house would be accessed by 16116 two drives off Bicentennial Drive. The Landscape Plan shows that the site would be attractively landscaped throughout. The Elevation Plan shows and notes that the building would be brick on all four sides with a shingled roof. Also proposed with this petition is a new comfort station. This new facility would be located across Bicentennial Drive from the proposed fire station. The new comfort station would also be brick on all four sides and have a shingled roof. Mr. McCann: Scott, could you flip the page over so those who are still awake can get a good look of our proposed new fire station at Bicentennial Park. Mr. Alanskas: In regards to the comfort station- how far is that from the fire station? Mr. Miller: Just across Bicentennial Drive. Mr. Alanskas: From here it looks pretty far but it can't be that far. Mr. Nagy: Just across the road and there is an intervening parking lot between the road and the comfort station. Mr. Alanskas: So it's 200 feet? Mr. Nagy: At least 200 feet. ''"" Mr. LaPine: Scott, the comfort station is going to be for men and women, a bathroom? Now who is going to be in charge? Mr. Nagy: Parks and Recreation will have an office in there and there will storage on 1/2 of the building. Mr. LaPine: Is there going to be an exit on to Farmington Road? Mr. Nagy: Off of Bicentennial and it will be reconstructed. There will be traffic lights stopping the traffic north of the drive and at Bicentennial Drive allowing the intersection to clear. On a motion by Mr. LaPine, seconded by Mr. Hale, and unanimously approved, it was #5-72-98 RESOLVED that, the city Planning Commission does hereby recommend to the City Council that Petition 98-4-8-13 by City of Livonia requesting approval of all plans required by Section 18.58 of Zoning Ordinance #543 in connection with a proposal to construct a fire station on property located at 34850 Seven Mile Road in the S.W. 1/4 of Section 4, be approved subject to the following conditions: 16117 1) That the Site Plan marked Sheet C-1 prepared by Coquillard/Dundon/Peterson and Argenta, as received by the Planning Commission on April 20, 1998, is hereby approved and shall be adhered to; 2) That the Landscape Plan marked Sheet SD-1 prepared by Coquillard/Dundon/Peterson and Argenta, as received by the Planning Commission on April 20, 1998, is hereby approved and shall be adhered to; 3) That the Elevation Plans marked Sheets A-1 & A-5 prepared by Coquillard/Dundon/Peterson and Argenta, as received by the Planning Commission on April 20, 1998, are hereby approved and shall be adhered to; 4) That the petitioner shall meet to the Engineering Department's satisfaction the following requirement as outlined in the correspondence dated April 28, 1998: that the sidewalk connecting the new sidewalk and Bicentennial Drive shall be eliminated. Pursuant to Section 19.10 of Ordinance #543, the Zoning Ordinance of the City of Livonia, this conditional use approval is valid for a period of ONE YEAR ONLY from the date of approval, and unless a building permit is obtained, this approval shall be null and void at the expiration of said period. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. Piercecchi, Secretary, announced that the next item on the agenda is Petition 98-4-8-14 by Tri- West Development requesting approval of the Master Deed, bylaws and a site plan required by Section 18.62 of the zoning ordinance in connection with a proposal for a site condominium development on property located at 18150 Wayne Road in the Southwest 1/4 of Section 9. Mr. Miller: The location is on the southeast corner of Wayne and Curtis. The petitioner is requesting approval to develop a site condominium development along the south side of Curtis Avenue. The submitted Site Plan shows that the new development would consist of eight(8) condominium units. Each condominium unit would front off Curtis Avenue. A note on the plan specifies that the new neighborhood would be called "Woods of Sheffield Estates Site Condominium". Each condominium unit conforms to all requirements of an R-4B zoning district. A copy of the Master Deed and bylaws for this new development has been submitted. The City Law Department has been given a copy for their review and approval. Mr. McCann: John, any correspondence? 16118 Mr. Nagy: There is a letter from the Engineering Department dated April 28, 1998, stating they have reviewed the referenced petition and would require the elimination of the individual sanitary sewer leads and have the developer extend the sanitary sewer to the South side of the road. to service the individual lots. Also, the legal description provided with the proposal is acceptable. The letter is signed by David Lear, Civil Engineer. We have a letter from the Inspection Department dated April 29, 1998, signed by David M. Woodcox, Senior Building Inspector, stating they have reviewed the subject petition and have noted the following: 1) The westerly side yard abutting Wayne Road of the site for"Unit#1 under "R4" district regulations should be 30 feet and not the 21 feet as shown. All other shown building set-back yard spaces are shown conforming. 2) Parcel 09D12ala (035-99-0016-001) and parcel 09D12alb (035-99-0016- 002) need to be combined into one (1) parcel and I.D. number. 3) Need easements for public utility access and surface drainage. 4) The east side of site #8 is adjacent to a designated flood plain and needs to be noted on the site plan. 5) This site of(8) site condominiums could be an (8) lot platted subdivision as `ew the proposed site is unplatted land and meets the requirements of Ordinance #543, section 4.04 and 4.05 for lot width and area. We have a letter from the Department of Public Safety dated May 1, 1998 stating they have reviewed the preliminary layout and grading plans for this petition and have no objections. The letter is signed by John B. Gibbs, Police Officer, Traffic Bureau. That is the extent of our correspondence. Mr. McCann: Is the petitioner here? Come forward and state your name and address. Sam Baki, 36700 W. Seven Mile Road, Livonia, Michigan. Mr. McCann: Want to tell us about this site condo development? Mr. Baki: The reason we approached the site, it has a simplicity in the design due to the fact that the site has frontage on two nice roads between Wayne & Curtis and has a facing on Curtis of 855 feet, so we felt that coming in with a nice size lot which will supersede the area the lots that are going at 90 to 140 which is R-4 zoning We came in with the larger sizes which we felt this area would take that and in the Bylaws we stated to have a square footage of to have a minimum for the ranch of 2200 and the colonial of 3400 sq ft. with brick 55% minimum and as I was told last 16119 week we can have an addendum to these bylaws a must that the brick be added to first floor on all four sides. We can add that to the Bylaws and that was what our intention was anyway and the only reason we came in with a site condo, it just expedites the sales instead of going with a platting condition. Mr. McCann: Any questions? Mr. Piercecchi: I notice on the print the term bituminous. Is the sidewalk going to be asphalt? Mr. Baki: The existing street is asphalt, so we have to match it. It is only the street that we are finishing street. It's only 10 feet that we are finishing. Mr. Nagy: Bituminous is another name for asphalt and it relates to the additional widening of the street and not the sidewalk. It's in the area where you normally would have a sidewalk but actually relates to the street widening. Mr. Piercecchi: So the street is going to get bigger they are taking the curb out then. Mr. Nagy: That's right. They'll add another 10' for a lane. Mr. LaPine: John, the condition of the brick on the first floor is not in the deed here, now is that a problem? Mr. Nagy: It should be amended to include that but because it is included spelled out in the conditioning, it will have to be before it can be (inaudible) Mr. LaPine: I started reading this and it is all over my head . Does the City Attorney read this and approve it, so if there are any problems can be correct? Mr. Nagy: Exactly right. Mr. McCann: Any questions? Mr. Alanskas: I have just one. Naturally all of these are going to have fireplaces? Mr. Baki: I believe so but... Mr. Alanskas: The ones that do have, you are going to have brick on top and not metal coming shoots coming out. It's a cheap way to put up a fireplace. Mr. Baki: I don't know. We're going to be selling lots and not putting up buildings. We're going to be selling lots. Mr. Alanskas: John, isn't it code where they have to put brick on the fireplaces or can they put those metal shoots up there? 16120 Mr. Nagy: They can put metal. Our code does not prohibit it. If you feel strongly that is the purpose of the deed restriction and the Bylaws. Mr. Alanskas: I'm just thinking, you said the lots are going to be between $90,000 and $135,000 and then you put a home on there you're going to have a half a million dollar home there and I don't think to have the metal fireplace on top of the roof doesn't make sense to me. Mr. Nagy: You can have the chimneys restrictions put in there. Mr. Alanskas: All right, I would like to see that put in there. Mr. Piereccchi: Speaking of that, the chimneys in some subdivisions, they appear to be wood and don't go all the way down to the ground. Are these going to go all the way down to the ground? Mr. Baki: If you guys call for the brick to go all; the way down to the ground, then it will have to go all the way to the ground. It it's not brick siding then you can hang it up over the ground because you don't have as much weight. Mr. LaPine: He's selling off all of these lots, you buy one, I buy one, he buys one so and we go out and get our individual builders, who responsibility will it be to know what the restrictions are? Mr. Nagy: They will be recorded and run with the land and because it is a site condominium there will an condominium association in place and until there is 80% of the lots are sold the builder or the proprietor of the site condominium will enforce them. Mr. LaPine: So his will responsibility will be to see that each individual builder will build at least to the minimum requirements and he can go beyond? Mr. Nagy: Right. Then it will be turned over to the association. Mr. LaPine: So the City doesn't have any way to police that, How would the Inspection Department know that they are suppose to have such and such a thing? Mr. Nagy: Because it now becomes a condition of our site plan approval and then we step in now it is an ordinance for the City of Livonia so we would treat it as we would any other ordinance violation. Mr. LaPine: It seems to me it's going to be hard for somebody to keep track of what is going on. But once he sells so many lots then it's no longer his responsibility then it's the responsibility of the association. 16121 Mr. Nagy: Exactly. Mr. McCann: Any other questions? A motion is in order. On a motion by Mr. Piercecchi, seconded by Mr. Alanskas and unanimously approved, it was #5-73-98 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 98-4-8-14 by Tri-West Development requesting approval of the Master Deed bylaws and a site plan required by Section 18.62 of Zoning Ordinance #543 in connection with a proposal to construct a site condominium development on property located at 18150 Wayne Road in the N.W. 1/4 of Section 9, be approved subject to the following conditions: 1) That the Site Plan prepared by Landmark Engineering Company, as received by the Planning Commission on April 21, 1998, is hereby approved shall be adhered to, except for the fact that the westerly side yard of"Unit 1" abutting Wayne Road shall be 30 feet, as required, in Section 4.04 of Zoning Ordinance 543; 2) That the Master Deed complies with the requirements of the Subdivision Control Ordinance, Title 16, Chapter 16.04 - 16.40 of the Livonia Code of `ew Ordinance, and Article XX of Ordinance #543, Section 20.01 - 20.06 of the ordinance, except for the fact that the following shall be incorporated: - that the first floor of each condominium unit shall be brick, on all four sides, and the total amount of brick on each unit shall not be less than 55% - that the City of Livonia shall be granted any utility easements or rights of access to utility easements 3) That the brick used in the construction of each condominium unit shall be full face 4 inch brick, no exception; 4) That the petitioner shall meet to the Engineering Department's satisfaction the following requirements as outlined in the correspondence dated April 28, 1998; - that the individual sanitary sewer leads be eliminated and the developer shall extend the sanitary sewer to the south side of the road to service the individual lots. 16122 5) That an entrance marker application and a fully detailed Landscape Plan shall be submitted to the Planning Commission and City Council for their review and approval. 6) That the chimney construction be entirely of full face 4 inch brick, no exceptions; Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted the 763rd Regular Meeting and Public Hearings held on May 5, 1998 was adjourned at 1:00 A.M. CITY PLANNING COMMISSION c ') ' C. Daniel Piercecchi, Secretary ATTEST:, r�/ ( _ J4mes C. McCann, Chairman /RW `