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HomeMy WebLinkAboutPLANNING MINUTES 2000-10-03 18015 MINUTES OF THE 812th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION '". OF THE CITY OF LIVONIA On Tuesday, October 3, 2000, the City Planning Commission of the City of Livonia held its 812th Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. James McCann, Chairman, called the meeting to order at 7:30 p.m. Members present: James C. McCann Dan Piercecchi H. G. Shane Robert Alanskas William LaPine Elaine Koons Members absent: None Messrs. Mark Taormina, Planning Director, Al Nowak, Planner IV, Scott Miller, Planner II, Bill Poppenger, Planner I and Robby Williams were also present. Chairman McCann informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing, make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to ti.. the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven(7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their filing. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2000-08-01-15 Livonia Public Schools/Rosedale Gardens Mr. Piercecchi, Secretary, announced the first item on the agenda is Petition 2000-08-01-15 by Livonia Public Schools requesting to rezone Lots 1137 to 1146, inclusive, and Lots 1167 to 1176, inclusive, of Rosedale Gardens No. 4 Subdivision including the east half of the adjacent vacated Hubbard Road in the N.E. 1/4 of Section 34 on the west side of Cranston Avenue between Orangelawn Avenue and West Chicago Road from PL to R-1. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. New Mr. McCann: Is there any correspondence? 18016 Mr. Nowak: There are two items of correspondence. The letter is from the Engineering Division, dated September 12, 2000, and reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above referenced petition. `'it., We have no objections to the proposal at this time. The following legal description should be used in connection therewith: 'Lots 1137 to 1146 and Lots 1167 to 1176, also including the East 1/2 of the adjacent vacated street, Rosedale Gardens Subdivision No. 4, located in the N.E. 1/4 of Section 34, T. 1S., R. 9E., City of Livonia, Wayne County, Michigan, as recorded in Liber 59, Page 75 of Wayne County Records.' We would like to point out that there is currently a sanitary sewer line running under the existing school building and that the developer will be required to exhibit due care when removing the structure. Also, the developer will be required to relocate or to provide adequate easements for the existing sewer as to provide for future maintenance. We trust that this will provide you with the information requested." The letter is signed by David Lear, P.E., Civil Engineer. We have a letter from Consumer Energy, dated September 27, 2000, addressed to the Livonia Planning Commission, which reads as follows: "Consumers Energy may have natural gas facilities in the area of the above described petition. If so, and it is deemed necessary to relocate or remove our facilities, there will be a cost to the owner to do so. We have enclosed a portion of our 1/4 section map for your review. Note that gas service laterals are not shown on these type of maps. If you have any questions,please contact me at 734- 513-6260. I have enclosed a business card for your use. Again, thank you for the opportunity to review the notices for your Public Hearings." The letter is signed by John R. Turner, Team Leader. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Dave Watson, Director of Operations for the School District. What we are proposing here is an education opportunity for our Career Center students. Each year our Career Center students build a home. They have done so for the last seven years. They have done it for longer than that but under the current builder, they have built for about seven years. They are currently building off of Stark Road, south of Plymouth. Our homes are built to match whatever the existing area is. For the most part, we have homes that are currently for sale and one that was built during the last school year is 2170 sq. ft. They are well constructed homes. It was appraised recently at $235,000. So it is not, by any means, a small home. It is something that anybody would be proud of to own. They are very well constructed. We build one home a year. I know that this is in some discussions with people in the neighborhood and I know there has been an issue about the length of time. I think that that can be remedied by alternating from the west side of the property and going back over to the Cranston area so that we are not impacting the same street all the time. We can do some things of that nature. Our kids, for the most part, work in a couple of two-hour blocks. They would come in the morning, well after most people would probably be up and gone. They only work during the school time. Any holiday times and so on, the kids are not there because they follow the school schedule. They work for a couple of hours in the morning. 18017 That group changes and another group comes in the afternoon and works for a couple of hours. The high school day ends somewhere around 2:15 p.m. By 2:00 p.m. they are backed up and basically on their way. Occasionally, 'tow depending upon the weather, they might stay a little bit later but for the most part, their day ends at 2:00 p.m. and they are off and they are gone. We have a trailer that moves back and forth. It is stored at the Career Center so nothing ends up being stored on the site other than some occasional building materials. Mr. McCann: Would the remaining properties remain under sod and maintained? Mr. Watson: Yes. It would be similar to what we did at the Bentley Center. This particular property will be hydroseeded. It was scheduled to be hydroseeded this week so it may have already been done. It will be hydro-seeded and the district will take care of mowing it much as we have done with the property that is along Five Mile at the Bentley Center when we took that building done? Mr. McCann: Are there any questions from the Commissioners? Mr. Alanskas: Are these ranches or are they both colonial and ranches? Mr. Watson: We are looking into that. We are going to be working with an architect that we haven't selected yet. For safety purposes we tend not to build two story homes. Remember, these are high school students. They are very young *.. people and this is their first experience in building. We are looking at a couple of different ranch models and story and a half models. There are a number of story and a half models in that neighborhood. We will do a couple of different elevations or takeoffs of each one of those so that they appear to be different. We will work with an architect and attempt to make those in a sense, conform with the neighborhood, but as far as two stories, I have had several discussions with both the instructor and the principal at the Career Center who feel extremely uncomfortable with kids at that height who really this is their first experience at building. Mr. Alanskas: That is why I asked that question. You say you have a builder who oversees what they do? Mr. Watson: Yes. There is a registered builder, Mr. Dennis Reitz at the Career Center, who is the overseer. They also bring in trades when it comes time to do masonry. A mason will come in, demonstrate how to do it, work along side with them for a while and then the kids take over from there. We spend a lot of time building a home because if it isn't right, they make them it take down and start over again. Mr. Alanskas: I can see why, if you only a few hours in the morning and a few hours in the afternoon, that is a long time to build a home. 18018 Mr. Watson: We start in the fall,just the time that school is back in session and the home is completed when the kids leave in the springtime. Mr. Alanskas: We are talking that it will take an eight year period to build these eight homes? Mr. Watson: That is correct. We build one home a year. Mr. Alanskas: Thank you. Mr. Piercecchi: How many students participate in this type of program? Mr. Watson: It varies. I think this year's class size is about 15 students in the morning and 15 students in the afternoon but it can be 15 to 20 for each session. Mr. Piercecchi: Then roughly about 40 students? Mr. Watson: It will vary from year to year. There have been times when they have only had a morning session but the last couple of years due to the high visibility and the demand for the people in the trades, we have been fortunate to have enough students to run both a morning and afternoon session. Mr. Piercecchi: In other words, you target between 30 and 40 students participating? Mr. Watson: That is correct. Mr. Piercecchi: Do these ventures that you are doing, do they turn out to be a profit or a loss situation? Mr. Watson: For the most part, they hold their own. We have to pay the instructor. There is also an aid that works with the instructor so we have two adults working there besides the trade people that come in. Overall, there is probably a little bit of profit made, but for the most part, they are a break even situation for us. We do accumulate a little bit of funds so that we can start the next house and also to pay for any kinds of development costs. Mr. Piercecchi: If granted the zoning change, when will this first home be started? Mr. Watson: We would start the next home next fall. Mr. Piercecchi: And it would take eight years to complete all eight? Mr. Watson: That is correct. Mr. Piercecchi: I am pleased to see that the lot sizes that you are using are 80 feet which is wonderful because I think the lot sizes are a little bit larger than a 60 foot minimum requirement for the R-1. Mr. Watson: That is correct. 18019 Mr. LaPine: I am going to take a little different vein here. As you well know, you have been down this area. Rosedale is one of our older areas. There are a lot of �- homes that are built on smaller lots and I see an opportunity here to get some green space in that area. Have the School and City exhausted all avenues of swapping land here and making this as one big park or buying the land or are you selling the land to the City for a nominal fee? Mr. Watson: We look at it, as you well know from sitting in the position you are, the spaces within the City to build homes is decreasing. There are not as many lots around to be developed. Many of them, when you look at the value that they are selling for, are considerable. We look at the areas like, for example, our property that was at the Stark School site and we worked in conjunction with Mr. Roskelly and with some other contractors and began to develop that particular site. Taking down the school that was there that wasn't used any more and in a sense putting it back in good use for the community. The issue for us is that this is an educational opportunity for kids. There is a need out there for skilled trades people and we do need to work at continuing this program and as like any other developer, there is limited space that we have available for us to use. Also, without in a sense impacting green space some place else. Mr. LaPine: I can understand but it still seems to me that because this area is such a congested area, that it would be more of an advantage to the residents who live in that area now to have a large park in there and have a green area `,,y instead of building some more homes. Getting back to my original question, have you exhausted all avenues of swapping this land or selling it or anything like that? Mr. Watson: We have not looked at swapping the land. There is, of course, the large park just south of this particular area where Whitman was that was a school site that we are allowing the City to, in a sense, use about three quarters of that site for a park. There is the park just to the west so there is considerable green space down in there that the district is already cooperating with, as far as allowing the City to use a significant portion of land at the Whitman School site for park purposes. I have worked with Mr. Reinke in that area with that park. Mr. LaPine: Thank you. Mr. Shane: If the plan is implemented, such as we saw on the screen, there is a cul-de-sac that is constructed within the Hubbard Road right-of-way. Would the school district be responsible for the cost of that? Mr. Watson: Yes. We would be responsible, as we have done with some of our others, with developing the site. In other words, putting in the necessary roads and the engineering for that particular space. 18020 Mr. McCann: If there are no further questions, I will go to the audience. Is there anybody in the audience who wishes to speak for or against this petition? `► William Roskelly, 33177 Schoolcraft, Livonia, I'm the School Board's Engineer and Consultant for this project. I would just like to add a couple of things. As Mr. Taormina indicated, at this specific point, the School Board is willing to relinquish up to four of the 40 foot lots, or which would dimension 130' x 160' as open space. This open space, I understand, is to be a "tot lot" as well as a parking lot to facilitate the City of Livonia's land. In addition to that, in view of the fact that the lots will be 80' x 130', you will still have a large percent of open space on each lot. I think it has more than satisfied the minimum amount of green space required. In fact, it has been very generous with the donation of this entire large parcel or four lots. As far as the cul-de-sac, the City and none of the residents wanted this street to go through. It would be simple to continue that street, Hubbard Street, right through and connect. So as a result, we are putting this cul-de-sac in which would have a 40' radius on the pavement with a max of 50' outside so that you have adequate turn around for fire, maintenance or any other conditions. I think it would certainly enhance the area and again this Hubbard road is an 86 foot right-of-way. As the engineer states, we will put in a 19 foot road bed. That is going to offer a lot of open space as well. In fact, at some given time, the City could even use that for parking or for landscaping or whatever. Certainly, the school would at this time do some landscaping in that right-of-way as is required by the City of Livonia. Thank you. Nt., Mr. McCann: Now I am going to open it up to the audience. Anybody who wishes to make a comment for or against the subject petition may come forth and do so. Mike McGee, 11041 Arden, Livonia, 48150 within Rosedale Gardens. I presently am the President of the Old Rosedale Gardens Homeowners Association. There are a number of other people, both from the neighborhood and from the Association, that are here this evening. Our Vice President, Joann Lafferty, is ere, Tom Wozniak, who many of you know, has been very active and the past president is here. Christine Johnson, our secretary and several other people that I probably didn't notice in the crowd. I do want to make a comment about the narrow question of what to do about this zoning petition. I want to make a number of more global comments about the project in general, but I want to start with the comment that Mr. LaPine just made which I think is a very good comment. He asked Mr. Watson whether or not all avenues, in terms of the open space, have been exhausted. I think it is fair to say that they haven't been exhausted. I say that only because it seems to us that we are at the beginning of this process. We have been involved in conversations among the City and the School District in involving ourselves, the Association, and we are very grateful for the opportunity to have been part of those discussions and we want to be constructive and play a constructive role in those discussions but they have only been going on since about the beginning of September, insofar as our involvement is concerned. It seems to us that there are a fair number of questions. Questions about open space, questions about what the site configuration will be, questions about what the 18021 architectural style of the homes will be, questions about the timing of how long the program will go on and so forth, which really need to be addressed at the beginning rather than at the end. My point in putting it that way, is '�- because if we were to take any situation in our community in which a developer, and in this instance the school district, I think it is fair to say is playing the role of the developer. Any developer that comes into the community or is in the community and proposes to put in a significant number of new homes in a well established neighborhood, generally speaking, I think it is fair to say that the posture of the City has been, we are going to make sure we understand precisely what is going in and on what time line before we give all of the necessary approvals. It is our Association's position that we would respectfully request that this petition be treated in exactly the same way. In that sense, we think as far as the narrow question before you tonight of the rezoning, the cart is a little bit before the horse. That there isn't probably any powerful need that we know of in terms of timing to have the rezoning move along so quickly in advance of the substantive issues being worked out. From our standpoint what we would like to see in terms of the substantive issues, these are ideas we have conveyed to the School District and we will continue to convey them. They have taken these comments, I think in the spirit in which they are offered of being constructive. The lock-in configuration, the number that is presently on the table of eight, which is frankly a reduction from an original proposal of 10, we see that as a positive thing. There is a fair amount of concern among the adjacent neighbors about the timing. I recognize the suggestion that has been made about to try to mitigate sort of the effect on any given property by .,. doing a house on Hubbard one year, and then Cranston the next year and kind of jumping back and forth. The fact of the matter is that if you live there, that is a lot of activity for a very long period of time and if you are a long time resident and a senior citizen, that is a very long period of time. Eight years is a long time to have to put up with that sort of thing. We have heard as a Board, concerns expressed in that regard. We are very concerned about the ultimate style of the homes that are built as you can understand. Rosedale Gardens this year celebrated its 75th anniversary as a neighborhood,just as the City celebrated its 50th anniversary as a City. I don't have to tell you how proud we are of that neighborhood. It is a great neighborhood for the City and we do take a lot of pride in it. One of the things that we like best about it is that there is a certain style of home that I think is characteristic of the area. We certainly have no qualms about the quality of the homes that the school district has built through the Career Center program. We support that program. It is a great program. They turn out kids that are very well trained in the trades and we would agree with Mr. Watson that in terms of the quality of what is built, it is of a very high quality. They are teaching people how to do the job right. They are not necessarily driven by a profit incentive and so we have been told that if it is not done right the first time, they come back and do it right and that sort of thing. The quality of the home is not the issue. What is the issue is, will the style of the home fit into the neighborhood? It is a very great concern of ours that we have expressed in terms of the point Mr. Alanskas touched on which is, "Will you have any two story homes?" As NNW you know there is a great mix of homes in our neighborhood but a substantial 18022 number are two story homes and to have, in essence, this very well defined area develop with suddenly eight homes without a single two story, in our view, would aesthetically not be the best thing that could be placed there. We have expressed these concerns to the district and will continue to do that. I think this discussion that we are having with them is intended to be ongoing and will probably go on for quite some time and I feel that there is a way to resolve all of the issues to the satisfaction of everybody. But they are not resolved as of yet and for that reason our position is that we are a little bit premature in being here this evening. Our Board is not in the position at the moment to say that we are in support of the petition. Not to say that we won't be, but we are not this evening. For that reason our preference would be to have this matter tabled until the process has a chance to go forward a little bit more fully and we begin to resolve some of the questions. Thank you. Mr. Piercecchi: Mike, you brought up some important points. But as you know, we cannot condition zoning. This is strictly a zoning issue. I think your concerns will be resolved during site plan approval. The issue tonight is only whether it is good for the City to rezone this property from what it is to R-1. That is what we are deciding on not the height of the houses, how much brick, etc. Thank you. Mr. McGee: Mr. Chairman, if I may make a comment to what Mr. Piercecchi raised and I certainly agree that this is a zoning matter. We can't condition the zoning. That is certainly true and I would be the first one, I think I have probably made that same statement from time to time. But I think in fairness to the `,w points voiced here tonight by Mr. LaPine, let us say that there is some further development, or evolution of this agreement which does result in some sort of a land swap so that the School District does get the lots that they need to do this program but that they are not in that location. In that we do have a park site that is a little bit larger. Then I would imagine that we would then have to go back and rezone the property from residential to public land and since it is already public land why wouldn't we wait to do that until we know how much of that is going to be residential. That is the position of our board. We appreciate the opportunity to share these comments with you. Tom Wozniak, 11407 Cranston, Livonia. The only reason I came up here to speak is that the residents have either called me or because I visited all the homes adjacent, save maybe two or three, adjacent to that property and have heard a great number of concerns from the people. I heard the comment about by the time you get to 9:00 a.m. to 10:00 a.m. most people are up and gone. Well Rosedale Gardens is unique in that the neighborhood does not empty out. There are a lot of elderly residents there and that is whom I talked to. People in their 70's and people in their 80's who live there, some of them directly adjacent to that property all day long every day. So they do have concerns. Even simple concerns like when they heard the increase in the width for this particular zoning to 80 feet, the first thing that concerns them is, does this imply, it may not, but does it imply the extra space is needed for a attached garage that will be the focal point of that development. In Rosedale what you see is a home in the front of the lot, the garage is tucked at the back. With a 18023 wide lot is that because the garage then becomes the focal point. Nobody likes shoveling a lot of snow but in Rosedale Gardens we do because our garages are at the back of the lots. So that is also a concern. Just one other '•N► point, I don't think there are many residents in the City of Livonia that are asked to put up with construction for eight full years and like Mike mentioned, for someone in their 70's or 80's, that could be the remainder of their life. They would like to have a quiet neighborhood. They would like to be able to look out and see neighbors or see a park or see grass or see flowers or see something that is established as opposed to this type of activity going on for that length of time. Also, the comment made about green space, I would think that most of the residents in Rosedale Gardens would certainly welcome additional green space. Thank you. Tim Bailey, 9826 Cranston, which is directly across the street from the property we are talking about. As Mr. LaPine mentioned, and as we showed on the screen when we first started, this is probably the most densely populated area of Livonia and any time you talk about bringing more people into this area, it becomes a concern of ours whether it is developing a shopping center or a pool hall or building homes. We are talking about additional traffic in our neighborhoods. We are very concerned about that and one thing that just came to light to me is that some of this green space we are talking about is actually borrowed space. I am assuming that the School Board still owns some of this green space and that the City doesn't own it and it appears that possibly we may not have that green space in the future. My hope is that the City acquire this land and offer us a green space that is owned by the City, not just loaned to us by the school system. I feel bad when I see trees get cut down and houses put in place of them. That is a sore spot to all of us these days. There are some wonderful oak trees over there on that land that we possibly could use and I hope that they will, at least, keep that in mind as they develop it. One point I did want to bring out is that the grass has not been hydroseeded over there yet. We have been living in dust for a good solid month over and I don't look forward to that each year. I think I will just end with that. I really would like to see a green space put in there and I am very concerned about the houses that may be developed in that area and I hope that we can worked together on this. Thank you. Julie Noble, 9906 Hubbard. Those before me have covered the salient points but I am really compelled to touch on the length of time that this project would take. I would ask those proposing the project and people making the decisions really think about people living there and putting up with construction for eight years, nine months out of each year, for eight years. I know it is your job to decide what is best for the City but we are also the City and I feel real strongly that it is a small area and that would be a lot of construction over a long period of time. Mr. Wozniak brought up a point about senior citizens. I am not one yet but I will be if these houses go up. I will be one by the time they are finished. Joan Smykowski, 9826 Cranston. My only concern is that there is disproportional number of these homes being built in southern Livonia and I don't understand why there 18024 aren't more of them being built in northern Livonia. It seems like we are getting the brunt of it. We are going to have this brunt for over eight years. It seems very unfair to us. That is my only point. Jan Afonzo, 9918 Hubbard,just north of the proposed site. I would just like to say that I think you know that Old Rosedale Gardens residents are sort of a funny breed. We get excited about things like finding an Irishman who can wipe on wet plaster and not have to sand it afterwards because he is so smooth with his trowel. If someone finds a craftsman like this - that can do work on our homes, the news of it spreads like wildfire throughout the neighborhood, people clamoring to get the phone numbers and get on the wait list of these craftsmen to do work on their homes. We are so excited this week. We finally finished some stucco work. It took an Italian man to do it but we finally found him. Anyway, we spend extra time, extra effort and extra money out of respect for the historic nature of our neighborhood and it worries me a little bit when I hear Mr. Watson say that they are looking into the style of the homes. I, for one, wouldn't be totally against the idea of having homes built on this site even by the Livonia Public School system and how I would love to see those students trained in wet plaster and stucco. I mean they would really be guaranteed jobs for a long time if they could pick up some of these old trades. But I would really like to hear the Livonia School system first commit itself first to respecting the style of the neighborhood, not just the architectural but the materials as well, at least that an effort be made to vary the materials of the homes as well. I wouldn't be totally opposed to the building of the homes or of the Livonia Public School system doing it if it could be done in less than eight years or perhaps a couple of homes could be built by the Livonia Public Schools and if some of us residents who would love to buy a large lot like that to build another home that would fit within the style of the neighborhood. Please put us as first on your list to be willing to do that. Some sort of a compromise, perhaps a combination that wouldn't take eight years and that would provide a variety of homes. Or even if the Livonia Public School system allowed some of us to buy the lot, give them the money in advance and provide an architectural rendering of a home and ask them to build it for us and when they reach the points that their liabilities won't allow them to climb to a second story, allow us to provide another contractor who certainly could finish that portion of the project. Could we perhaps not come to sort kind of a compromise on these issues of style and architecture? Anyway, that is all. Looking into the style is a little too nebulous to me and if that is all the further we can go, then I would just have to oppose the residential entirely and go for the green space. Thank you. Brenda Bagazinski, 11404 Ingram. I am not directly connected to the area that is being used, however, I am speaking to represent all of the stay-at-home moms. We do have a number of older residents, that was addressed, but we do also have a large number of young families with young children and many stay at home moms. This length of construction also would greatly affect us especially with the connected park to the area as well as the park that is close by, Meis Park on West Chicago. That is a high traffic area whether we are walking 18025 through the neighborhood to get to the park or using the park that is directly connected to it, Klenert. Klenert Park is very much used for football, baseball and T-ball throughout the year and when we are there, when we are watching °r•• games or participating, we are going to be in that area of construction as well. I see it as a safety issue as a mom of young children for this construction to be going on for that large amount of time, having these basements dug, big holes in the ground, structures that would be unsafe if it was to be so close to the two parks for that length of time. Thank you. Merrill Thomas, 31709 W. Chicago. We have been residents in Livonia since 1962 and at one time we considered moving to another location in Livonia to have a little more space in the home and when we looked, we spent a whole week of our vacation looking for a new home and ended up staying where we are on the south side of West Chicago building a new addition to the back of the home. One of the things that I admired so much about the current Rosedale Gardens area is that many people are adding large additions to their homes in lovely style which is, I think, an addition to the neighborhood and to those families who want to continue to live in Rosedale. One of the things that I looked at when it was mentioned that the school district does have this area here and we can build eight homes on it. I think this is a large concentration when you look at the possibility of having a more unique home built there that might be two stories, that might deal with different architects, in a more beautiful nature and I think that if the fact that the school district does own this, that this would be cost saving to the school district because they already own it. It seems that the district could recoup this in the resale of this home once it is `.. built and the cost of a new lot that they would pick from whence ever but I am afraid of limiting to the architectures that have been described, not allowing a full two story home to be built. We live in a two story home. We love it. We are senior citizens, both retired and we continue to stay there and will stay there. This is one of my concerns that I wanted to bring forth. Thank you. Curt Martin, 9921 Hubbard. I think I agree pretty much with what has been said here. If this gets rezoned R-1, we have no recourse on making the Livonia Public Schools sell some property so we don't have eight years of construction. But if that is the case, I think this needs to be rejected because I don't think any of us should put up with eight years of construction. I do think that the homes need to conform with what is existing now. That is all I have to say. Thank you. Mr. McCann: I am closing the Public Hearing. Is there any last comment by the school system? Mr. Watson: No. Mr. Shane: Before we do that, I would like to ask Mr. Watson a question. Mr. Watson, is there something about the process we are going through here that causes you to want to rezone this property one year ahead of time or something that needs to be accomplished because of it? 18026 Mr. Watson: First of all, I am not a developer. This is my first opportunity to go through this type of process. I deal with the School Board and we have our own Board meetings and I know that kind of process. I need to provide a space for `► the students that will be in the program next year to have a place to build a home. Many of these students are coming up through a program called "Building Trades". They are looking forward to building a house. They become very proud of what they build. As the school year draws to a close, we always have an open house and the kids bring their parents and other people to see what they built and they go through it and they point out to their parents the things that they did. There are a lot of issues regarding starting something from the ground up and completing it and having some pride in what they do. The District has an obligation to these students that are in the class that comes just before the home construction course in the building trades class and those students that are looking forward to building a new home. The only issue I have regarding time is to make sure that next year when these students come up to build a home, they have a place to work. Again, not being real familiar with the length of time that this takes, I always feel getting started early is a benefit rather than having to push and wait at the end. Mr. Shane: Mr. Chairman, having taken into consideration the comments I have heard, I am not sure we need to be moving as fast as we seem to be. For that reason, because of the issues involved, I would like to see this petition tabled, at least time enough to allow all the parties involved to get together and discuss some of the issues. On a motion by Mr. Shane, seconded by Mr. LaPine and approved, it was #10-177-2000 RESOLVED that, pursuant to a Public Hearing having been held on October 3, 2000, by the City Planning Commission on Petition 2000-08-01-15 requesting to rezone Lots 1137 to 1146, inclusive, and Lots 1167 to 1176, inclusive, including Rosedale Gardens No. 4 Subdivision, including the east half of the adjacent vacated Hubbard Road, located in the N.E. 1/4 of Section 34 on the west side of Cranston Avenue between Orangelawn Avenue and West Chicago Road from PL to R-1, the Planning Commission does hereby recommend that Petition 2000-08-01-15 be tabled to October 17, 2000. Mr. LaPine: Mr. Chairman, if I may say, I don't think even that is enough time. I think we are cutting it too close. If this petition wasn't reheard until the first of January, it still could be done and taken care of by the spring of next year. Mr. McCann: We have an issue regarding getting it within 60 days to the City Council so I don't think we have a choice. Mr. LaPine: Well then let's give them the whole 60 days. Mr. McCann: Do you know when it was filed, Mr. Taormina? Mr. Taormina: It was filed the first week of August. 18027 Mr. McCann: We are at the 60 days. We have to move on it at the next meeting. I don't think we have a choice. The only available meeting we could table it to, if it `'�► is felt that it has to be tabled, would be to October 17, 2000. Mr. Shane: That is fine. At least it gives them a little more time. Mr. McCann: Will the Secretary please call the roll? A roll call vote was taken with the following result: AYES: Shane, LaPine, Alanskas, Piercecchi, McCann NAYS: None ABSENT: None ABSTAIN: Koons Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. To the audience, it has been adjourned. We will be meeting again on this on October 17, 2000. As this will be a pending item at that time, there will only be limited discussion. Audience participation will require unanimous consent from the Commission on that evening. ITEM #2 PETITION 2000-08-02-29 PRS Contracting, Inc. Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 2000-08-02-29 't.. by PRS Contracting, Inc. requesting waiver use approval to operate a limited service restaurant at the Livonia-5 Shopping Plaza on property located on the south side of Five Mile Road between Sunbury and Harrison Avenues in the N.W. 1/4 of Section 24. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCann: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first letter is from the Engineering Division, dated September 6, 2000, and reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above referenced petition. The Engineering Division has no objections to the proposal. The following legal description should be used in connection with this petition: 'That part of the N.W. 1/4 of Section 24, T. 1S., R. 9E., City of Livonia, Wayne County, Michigan, described as beginning at a point distant North 89°52'10" West along the North line of Section 24, 318.45 feet and South 00°20'10"East, 110.00 feet from the North 1/4 corner of Section 24 and proceeding thence South 89°52'10"East, 20.00 feet; thence South 00° 20'10"East, 50.00 feet; thence North 89°52'10" West, 40.00 feet; thence North 00°20'10" West, 16.00 feet; thence South 89°52'10"East, 20.00 feet; �.. thence North 00°20'10" West, 34.00 feet to the point of beginning.' We trust that this will provide you with the information requested." The letter is 18028 signed by David Lear, P.E., Civil Engineer. The second letter is from the Division of Police, dated September 14, 2000, and reads as follows: "We have reviewed the proposed site plan. It is our understanding that the parking lot will be resurfaced and re-striped as indicated on the site plan. The site plan currently indicates only two handicap parking spaces. City of Livonia Ordinance requires three handicap spaces. All handicap parking spaces must be located as near as possible to the entrances of the buildings which they are intended for and each must be accompanied by its own sign; no sharing of signs of adjacent spaces. The Traffic Bureau has no other concerns regarding this site plan." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The third letter is from the Inspection Department, dated September 15, 2000, and reads as follows: "Pursuant to your request of August 25, 2000, the above referenced petition has been reviewed. The following is noted: The Barrier Free restrooms are improperly sized, as depicted, and may affect the floor plan once corrected. This department has no further objections to this petition. I trust this provides the requested information." The letter is signed by Alex Bishop, Senior Building Inspector. The fourth letter is from the Livonia Fire & Rescue, dated September 20, 2000, and reads as follows: "This office has reviewed the site plan submitted in connection with a request to renovate space for a restaurant on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Joel R. Williamson, Fire Marshal. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? New Ilio Alessandri, 120 E. Sunnybrook, Royal Oak, Michigan, architect representing PRS contracting. Again we hope to occupy approximately 1900 sq. ft. within the Livonia-5 Shopping Plaza. One side would be a coney island restaurant, limited to 30 seats, and the balance would be an ice cream parlor. As I mentioned in my letter, the objection was the existing barrier free toilets. They are accessible but they are accessible under the old code. In my conversation with the Plan Reviewer, he suggested that if we moved the 'lay' to the opposite wall, we could probably conform. At the time I didn't know whether we could or not but looking at the plan and moving the 'lay'to the other side, we would have no problem conforming. The issue was that there was not enough room adjacent to the water closet for the wheel chair to back up into it. If we move the 'lay'to the other side, we would have enough room for the wheelchair to back up against the water closet as well as making a five foot turn. I see no problems conforming to all of the barrier free requirements. As far as the parking is concerned, I understand that the owner of the plaza will be striping it and I believe that they are to provide three spaces. I think in that respect also that the building will comply. Mr. McCann: Are there any questions from the Commissioners? Mr. Piercecchi: I am pleased that you can comply on the barrier free but according to the letter that was just read there has to be three. I understand currently that you are projecting two. a 18029 Mr. Alessandri: Spaces? Nr.. Mr. Alanskas: Handicap. Mr. Alessandri: I understand, when it is restriped, it will provide three spaces. This will be done by the owners of the plaza. I understand that they have a permit to pave and restripe the parking lot. Mr. McCann: Mr. Nowak can you address that? Mr. Nowak: As a condition for the remodeling the front of the building, one of the conditions imposed by Council was that the entire parking lot be repaired and restriped, in accordance with all requirements including handicap spaces. Mr. McCann: I see the owner is here. Does he want to come forward? Ryan Kattoo, 29201 Telegraph, Suite 450, Southfield, Michigan 40834. I just wanted to address that I am not the owner. I am the property manager and to get approval on the renovation, we had to reseal and double stripe the parking lot. We have three to four parking spots allocated for the new parking lot layout, which has already been approved by the City. I believe Mr. Taormina has a copy of that. If he needs that, I can provide him with another one, showing that handicap parking will be provided for the site. It is scheduled to be put in. We delayed it because we didn't want to do it during construction. There is no reason to rip up the parking lot as construction was continuing along the site. Mr. McCann: Are there any questions from the Commissioners? Mr. Alanskas: You said that you wanted to move the bathrooms on the side of the restaurant. Where would you put them? Mr. Alessandri: No. We are moving one of the sinks to the opposite wall. Mr. Alanskas: What is the size of the bathroom? We don't have any size here. Mr. Alessandi: They are about five feet. They really comply with the old requirements for barrier free. Mr. Alanskas: How about if someone wants to come in there with a wheelchair? Mr. Alessandi: Yes. That is what it is about. With moving the sink to the opposite wall, would allow someone to come into the space. There is enough turning, the 60 inches available for turning the wheelchair but there is also enough space to move the wheelchair back against wall adjacent to the water closet so that the user can transfer easily to the water closet. Mr. LaPine: Is the operator of the restaurant here? 18030 Jacob Sobray, 18234 Middlebelt Road, Livonia, Michigan. �- Mr. LaPine: Do you have a restaurant now or is this your first time in operation? Mr. Sobray: In my 79 years, I have had several restaurants. Mr. LaPine: What are you going to serve here, hot dogs, hamburgers, french fries? Can you give me an idea of what type of food you will be serving? Mr. Sobray; That would be the start of it and then we would also add to it as we see what the public would want. The primary menu would be various types of coney island hot dogs, soups, salads and desserts. Mr. LaPine: The seating capacity here is only 30. You can operate here successfully with only 30 seats? Mr. Sobray: We are hoping with the number of hours from 6:30 a.m. to about 9:30 p.m. Mr. LaPine: Can people get food in the restaurant and walk over to the ice cream parlor and sit over there and eat? Mr. Sobray: No. Mr. LaPine: That is all I have, Mr. Chairman. Mr. Alanskas: At our last meeting we had a restaurant, a coney island, that was 30 seats and they found that they could not survive with only 30 seats. They wanted more. With the size of the building you have there, you couldn't have more than 30 seats. I just want you to be on record that 30 seats is all that you are going to have there. You wouldn't be able to come back and say that you want more seats because you don't have the space there. Mr. Sobray: We are looking towards the turnover and knowing what the turnover is, usually there is a turnover of three or four tables in an hour. So that could be increasing the volume. Mr. Alanskas: Are you also going to serve breakfast? Mr. Sobray: Breakfast will be the main feature. Mr. Alanskas: Thank you. Mr. McCann: If there are no further questions from the Commissioners, I am going to go to the audience. Is there anybody in the audience wishing to speak for or against this petition? Seeing that there is nobody wishing to speak, I am going to close the Public Hearing. A motion is in order. On a motion by Mr. Piercecchi, seconded by Mr. Shane, and unanimously approved it was 18031 #10-178-2000 RESOLVED that, pursuant to a Public Hearing having been held on October 3, 2000, by the City Planning Commission on Petition 2000-08-02-29 by PRS `.- Contracting, Inc. requesting waiver use approval to operate a limited service restaurant at the Livonia-5 Shopping Plaza on property located on the south side of Five Mile Road between Sunbury and Harrison Avenues in the N.W. 1/4 of Section 24, the Planning Commission does hereby recommend to the City Council that Petition 2000-08-02-29 be approved subject to the following conditions: 1) That the proposed restaurant shall be limited to no more than 30 customer seats; 2) That the restrooms in the proposed restaurant shall comply with Michigan Barrier Free size requirements; and 3) That Michigan Barrier Free requirements shall be complied with in regard to number, location and size of handicapped parking spaces provided on the site and each handicapped space shall be accompanied by its own identification sign. For the following reasons: 1) That the proposed use complied with all of the special and general waiver use standards and requirements as set forth in Sections 10.03and 19.06 of 4110• the Zoning Ordinance #543; 2) That the subject site has the capacity to accommodate the proposed use; and 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM #3 PETITION 2000-09-PL-01 Preliminary Plat approval of Wooded Creek Subdivision Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 2000-09-PL-01 Preliminary Plat approval of Wooded Creek Subdivision proposed to be located on the south side of Six Mile Road between Savoie and Harrison in the N.W. 1/4 of Section 13. 18032 Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. `�•- Mr. McCann: Is there any correspondence? Mr. Nowak: There are two items of correspondence. The first one is from the Division of Police, dated September 18, 2000, and reads as follows: "We have reviewed the preliminary plat for the Wooded Creek Subdivision and have no objection to the preliminary plat as submitted. A stop sign will be required for the new street where it intersects with Savoie Street." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The second letter is from the Engineering Division, dated September 19, 2000, and reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above referenced plat. The Engineering Division has no objections to the proposal. The proposed subdivision property has existing public utilities in place for connecting to. We would like to point out that the developer will be required to identify and stake out any existing floodplain and wetlands areas prior to beginning construction, and will be required to leave these areas 'as is'. We trust that this will provide you with the information requested" The letter is signed by David Lear, P.E., Civil Engineer. We have two letters from interested citizens. One is a letter from William Craig, 20050 Milburn, Livonia. The letter is dated September 29, 2000, and reads as follows: "The Wooded Creek Subdivision preliminary plat will be coming before you for approval. I would like to bring to your attention some observations I have made at the site. Four of the proposed sites; numbers 3,4,5, and 6 clearly have property that is floodplain. Site number 7 may have property that is flood plain. I believe any work that may impact the floodplain would require a permit from MDEQ. Should a permit be applied for, I will exercise my right to comment on that permit. I would not be in favor of any impact to the floodplain. I have also observed some condition that may indicate possible wetlands on the property. I believe any work that would impact wetlands would require a permit form MDEQ. Again, should a permit be applied for, I would make opposing comments for granting that permit. I also observed a great deal of man-made debris at the back of the property. There was a large amount of broken concrete,pieces of farm equipment and other building materials. There were several rusting drums, various fuel tanks and fuel oil tanks. Those drums and tanks were reported to MDEQ-ERD for inspection, since there may be unknown products in these containers. I have a concern that these containers and their contents may end up in the Bell Creek or its floodplain. Would you ask the owner to explain what will happen to all this man-made debris? Hopefully, it can be removed and properly disposed of I hope no approving recommendation is given without first having the owner securing the proper MDEQ permits. Development of this property should be as environmentally sensitive as possible. I would like to commend the developer for not rezoning this RUF property. There will be less loss of open space, hopefully less loss of trees, a lesser amount of impervious surfaces, less polluted runoff, and minimized impact on water quality by keeping the RUF zoning. Keeping RUF also means less negative impact to a premium neighborhood and the neighbors that value it." The second letter is from Mr. and Mrs. Harry W. 18033 Bushway, 29127 Grove, Livonia, dated October 3, 2000, and reads as follows: "We are concerned that the proposed new home construction off Savoie will negatively impact our country like setting, natural drain system, `"�► resale value, damage to access roads and current tax structure. We are opposed to the pending construction for the following reasons: The new construction of homes so close to the ravine and the loss of trees will disturb the natural water drain off. Several new home sites will have property which includes a portion of land on both sides of the ravine. As new homeowners attempt to landscape the issue of possible flooding to the area becomes a threat. The area is currently a flood risk zone. The access roads to the proposed new building are Savoie and Grove. These streets were recently changed from gravel and dirt with ditches to black top and a sewer system. This was done at great expense to the homeowners and caused conflict among the neighbors. During the construction many heavy trucks will travel up and down the roads causing deterioration with possible needed repairs. The builder should be responsible for future road repairs and construction traffic should be limited to Savoie as the building site is off Savoie. This would prevent traffic problems and road deterioration to both Savoie and Grove. We are also aware of the style and value of homes to be constructed. We have concerns that these homes will devalue the existing homes. This has been an issue in many areas recently. Many existing homes are older and the resale appeal has been the country like setting which will change with the construction. if the builder is allowed to build on a site that is not a 1/2 acre site as zoned it wills et a president to allow future smaller plot sites. The current tax structure is RUF. With the construction of homes of greater value than was currently exists and the possibility of smaller lot sites the RUE tax system would change. This would cause an increase in taxes and a hardship to many homeowners." That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? William Roskelly, 33177 Schoolcraft, engineer and design consultant for this subdivision for Mr. Soave. The one letter I just heard regarding the garbage etc., or whatever it was, that is not true. In fact today, I personally went over there. I interviewed my field crews and in the process of preparing the topography of this property, we walked every foot of that land and there are no such things as any concrete, any drums, and no debris, none of these things. Over to the west, there are a couple of lots that face a different street and some of the land dips across the finger of the Bell Creek. At that point, that would be to the west of what we are developing, I have seen some broken concrete and a few items. Perhaps it is a contractor that owns that. I am sure your Ordinance Department, at one time, must have spoken to that person. I can assure you that this piece of property has no debris whatsoever with the exception of the existing houses, the entire parcel of land is virgin property. No other buildings and no other structures have ever been on this property. As far as comments regarding the floodplain and wetlands, the floodplain we indicated and is shown on this plan. We are fully aware that when we subdivide this, the Department of Natural Resources will insist that we show by virtue of restrictions on the subdivision identifying that land and indicating that at no 18034 time can any structure be the first floor. It has to be one foot above the free board of the 100 year floodplain. The indication on this drawing will show you that we have adequate footprint for all of these homes and we will not encroach in the floodplain one iota. Certainly, because of the extreme bank at that point, there are no wetlands on this property. Other than that, I am open for any questions. Mr. McCann: Are there any questions from the Commissioners? Mr. Shane: What will happen to the existing house on lot 1 and the house where the proposed road will come in? Mr. Roskelly: Where the proposed road comes in the adjoining existing home would then become the corner lot. Is what you are referring to? Mr. Shane: It looks from the drawing as if when you construct the road, there is an existing house where the road will be constructed. That is what the drawing says. Mr. Roskelly: If you are looking close at that excepted parcel, it says "east 290 feet",just directly north of the proposed road. Mr. McCann: Right underneath the proposed road is a house. Mr. Roskelly: Oh, that one is coming down. Mr. McCann: That is what he asked. Mr. Roskelly: I thought you were speaking immediately to the north is a home that presently has, if you see the fence line on that one, it is about 14 feet from the property line. By us creating this road, the proprietor, Mr. Soave, will dedicate to this person another 14 feet, 12 feet or 15 feet, whatever it takes to give him a minimum of 25 feet per your ordinance for a side yard abutting a road. That land would be given to that owner in fee title. The only thing might be that perhaps we might keep an easement but he will own that land so as to not be conflicting with the existing ordinance of a side yard. Mr. Shane: The short answer is that the house will come down? Mr. Roskelly: In answer to your question, the house is gone out of there. Mr. Shane: The house on number 1, is there an existing house on number 1 that you are creating? Mr. Taormina: That is actually an outbuilding. Mr. Roskelly: An outbuilding? Mr. Taormina: It is mislabeled on the plan. 18035 Mr. McCann: If there are no further questions, I will go to the audience. Is there anybody in the audience wishing to speak for or against this petition? Wendy Georgas, 28165 Six Mile Road. I have some pictures. Mr. McCann: Before the pictures are passed around, Mr. Roskelly would you take a look at the pictures to see if that is what you are referring? Ms. Georgas: I had the opportunity to walk this wooded area quite a few times with my dog. It is a great place. At this time, it is almost impassable. I have many concerns regarding the floodplain. On the FEMA map that I have here, there is almost like an abutment coming out on lot 9 and lot 8 and it comes out further and that encroaches almost to the middle of those two lots. I happen to take a walk out there during the last big rainstorm. We have a new river coming through. There was an old road many years ago that has now become a natural a runoff stream, like a runoff stream from those properties. Mr. Roskelly has had an opportunity to look at these pictures. May I pass them through now? Mr. McCann: Please. We would like to look at them. Ms. Georgas: There is also a couple showing you the latest runoff. The first one starts with a small concrete pile. There are tractor implements. There are old oil drums. There are fuel tanks. There are lighting, fencing, etc., you name it has been dumped there. According to the MDEQ, if it is considered an ancient dump, it cannot be touched. It will have to stay there because once you start moving you are going to end up with more environmental problems back there. The wetlands are taking that property over again. I have some photographs from 1985, 1990 and 1995 of the area. They encroached back. It used to be an old apple orchard years ago but there is horsetail,jill weed and all plants indigence to wetlands and it doesn't stay within that floodplain area. They are much higher up. Once we start getting rid of these and they start getting cleared out, that is going to take away the natural process of purifying the water, slowing the water down so the people down river do not get flooded out. I think the responsibility should start up river. If you put a subdivision in of 12 homes, you are looking at 12 sodded lots. Everyone is going to have a sprinkler system and that runoff is just going to impact that wetlands area and the flood area tremendously. That is my concern. I don't think any work should be done. If this is approved, which it is your discretion to approve this, unless the MDEQ issues a permit. It is a very sensitive area. To be honest with you, I don't want to see any work done until that permit is issued because there could be a possibility of clear cutting. I have seen it done before and it is not nice. We are going to lose the trees. We are going to lose the animals, which a lot of people say, "O.K. fine." But most importantly we are going to lose the wetlands back there. Livonia cannot afford to keep losing wetlands. It prevents flooding. Other than that, I do commend the developer for the RUF instead of going with another zoning. Also, a few of Nifty the lots do not meet the 22,000 sq. ft. for half acre. Sure, a couple of them are 18036 only a couple hundred square feet short but that does set a precedent as well. The next guy will come in and say, "Well, mine is only 500 square feet short." The subdivision, if we can keep it down to a few homes and stay off those ``or wetlands and prevent any more damage that has already been done over the years, great. It would be good for the City and it is going to be good for the neighborhood. Mrs. Koons: I don't know if you carry an expertise in wetlands but ... Ms. Georgas: No, I do not. I am not an expert. Mrs. Koons: I have a couple of questions and if you can't answer them, we'll have to talk to MDEQ. What would qualify a dump as an ancient dump? Ms. Georgas: An ancient dump? What the MDEQ qualifies as an ancient dump is especially with oil barrels and fuel tanks sitting back there. If they have been sitting back there, and they will determine whether it is an ancient dump or not, and they are rusting out but they haven't broken open. If you go in and touch those and start to move them, and whatever is in them, is going to spill all over. Mrs. Koons: It is not a time period then, it is an evaluation. Ms. Georgas: It is an evaluation whether it is or is not an ancient dump and they will determine whether it is or not. There is an awful lot of debris back there. Mrs. Koons: You have made the assumption, diagnosis or whatever, that because there are plants indigence to a wetland, that you would consider this area a wetland? Ms. Georgas: I think we should seriously have someone take a look at it and determine whether or not it is a wetland. It is something I would be more than willing to do. Mrs. Koons: Plants that are indigenous to a wetland, would they indeed be coming up toward Six Mile if they were indigenous plants and spread by .... Ms. Georgas: Only if you come and look at my koi pond. But no. On my side of the ravine, they come up, the indigenous plants per se', according to the wetlands here, right up to the top of the floodplain. It is on the other side of the ravine. When I was over in the other area trying to figure out how far they could go. I couldn't figure it out. I know I was on level land and I hadn't started going down into the floodplain area. The only thing you can follow is the surveyor tracks right now. It is just so overgrown. Mrs. Koons: Thank you. Mr. Alanskas: Just for clarification, a half acre lot is 21,780 sq. ft. and the smallest lot in this subdivision would be 21,786 sq. ft. So there is nothing smaller than a half acre lot being proposed. There are some sizes 35,191 sq. ft. 18037 Ms. Georgas: What is a half acre considered, how many square feet? Mr. Alanskas: 21,780 square feet. Ms. Georgas: I apologize then. I have more than a half acre myself. Thank you. Richard Seaman, 16702 Savoie. I am the lot just north of Parcel A on the map. I have been in Livonia since 1952 at the same address. The house was built there. I had a choice of building behind my tree, which is about 100 feet from the road which would have put me, the house that is currently on Parcel A is approximately 300 feet from the road. I put my house in front of the tree that is on my property so it is 50 feet from the road rather than be behind it to keep the country setting. That way I wouldn't be right on top of the house. I can see from these parcels, Parcel A and Parcel B, I believe are going to be 88 feet wide. The requirement is only 10 feet from the line. However, that would only put the house on Parcel A only 25 feet from my house. I built my house 15 feet from the line, not ever thinking that someone would buy this property and that house would be torn down and one would be built right next to me. I don't know what can be done to make sure that house is farther from the property line than 10 feet because that puts it right on top of my house. Also, since I am a little bit lower than the land goes down from the crest on Grove there and it goes down toward Savoie and Six Mile, I was wondering if they do put a home on Parcel A, the runoff, I would want to make sure that would not run onto my property and into my house. Also, as was stated by ',Nov the lady before that she walked that area, I would want to make sure that each of these other nine parcels have at least a half acre of usable land. You can have a half acre but it can be down in the ravine and it would not be very usable and that would not be in keeping within the setting of having a half acre of usable land. Also, speaking of the roads, from the letter that you received from the Bushways, sure the surface damage would be repaired by the builder, if any would occur, however, what would happen to the base? The road it suppose to last 25 to 30 years. Driving heavy cement trucks over it to build 12 houses plus to tear down the four houses they plan on tearing down, what is that going to do to the base and deteriorate the road? When what we went through with the construction of the road, it was assessed by frontage foot on Savoie and Grove. Of these twelve homes three homes would be on Savoie and nine homes would be using the road but if something happens and there has to be repairs on these roads, according to current ordinances, they won't have to pay anything. I think that something should be done that the builder put something in escrow to help defray the costs of any future base repair that needs to be made during the deterioration of this road during construction and the removal of the homes. I would like to commend the builder though for not going less than half acre lots or you would probably have a lot more people here. Thank you very much. Danny Winegarden, property owner of 29181 Grove which is adjacent to this property. Fortunately for you people, the City doesn't mail out any notices to anything over 500 feet from the designated property tonight so there is only about 10 18038 people that got the notice. I heard about this last night about 11 o'clock. I don't know why the City can't let the whole neighborhood know. I fought the paving on Savoie and Grove for about five or six years and even when the Council approved it, there was about 78% against the paving but they paved it anyway. I knew this would happen, that we would get some development down there. The previous speaker covered some of the topics I was going to about the road. Our property cost us about $11,500 to pave our property. My neighbor had to pay for two parcels about $16,000. So everything is all paved for the builder here to come in. I don't know if you are aware but a concrete truck will weigh 72,000 pounds. To build nine houses you are going to have probably 14 loads for each house. You are going to have dozers being loaded in and backhoes. All your earth moving equipment and I don't if he is going to have it paved or black topped, so if it is concrete, you can add those trucks to that figure. The road is only an asphalt road. The City told us if there was any paving in the future, it would be up to the residents that face the street. Now this subdivision is going to get a free ride on anything. I was an industrial commercial builder for 32 years in Livonia. I just built factories mostly. When we built a factory we had to put up a road bond for a year but the problems don't show up though after a year. You can look at your major highways. They look beautiful for a year but after the third year doing the heavy pounding on them, they don't look so good. If you take all these trucks and put them on these asphalt roads, you are going to have trouble. Maybe not this year but that road is not going to last the way it is suppose to and they won't have a nickel invested in that thing. My daughter got some petitions signed here. Unfortunately, she didn't have time to get them copied because `r•- we didn't know about the meeting. If I could leave them and get them back. Mr. McCann: You can leave them and we will get them copied and return them. Mr. Winegarden: Livonia is comprised of about four different people. You've got apartment people, you've got condo people, you've got subdivision people and you've got the rural urban type people which that whole neighborhood is. Here you are going to build carbon copy, probably big foot houses. I am not sure what they look like but they are going to be carbon copy, same color of brick, same color of roof. You can drive up Grove or Savoie nothing is the same. It is a nice type of early American neighborhood to me. That is what those people wanted up there. Now we are going to get subdivisioned to death. If he keeps all the requirements on the half acre lot, there is nothing we can do about it, but let him get one foot inside that property and we'll fight like the devil, believe me. We'll be watching everything we can do and unfortunately, Mr. Soave gets his way with everything in Livonia, as you know,just from watching the Council meetings. Thank you. Jim Horner, 16624 Savoie. I am right in the middle of everything here. My purpose here tonight is I definitely don't want to stand in the way of something I think would be beneficial to Livonia. But I do have concerns that I want to bring out. I have met with Mr. Soave and he seems to be a man of his word and I hope he doesn't prove me wrong. Concerns that I have are the privacy that is going to take place as far as this road goes. We are going to increase the 18039 traffic volumes there and if you figure there is going to be nine homes in this location with two cars per family, I am going to need some sort of a privacy fence or privacy hedge along that road. Also, I was interested in the time of this project. Are we going to have vacant lots for how long? Is this project going to go on and on and on? The radius of this cul-de-sac, the island back there, what is the size of that? Mr. Taormina: Would he like the length of the cul-de-sac? Mr. Warner: Yes. I would like to know the turn around size, the radius. Mr. McCann: Do you have that on the top of your head, Mr. Roskelly? Mr. Roskelly: 60 feet. Mr. Warner: The prices of the homes I understand are going to be between$300,000 to $500,000. I am not for sure but that was what I was told. Like I said, I don't want to stand in the way of progress but we are in here tonight just to vent and express concerns. We trust in the Council to make sure that it is for the best for the people involved in it and not for one or two individuals. Thank you. Mr. McCann: Seeing no one else wishing to speak, I am going to close the Public Hearing. Is there a last comment by the petitioner? Mr. Roskelly: I want to comment on a couple of items. Number one, for the lady who ``- indicated what looked like an oil tank and maybe a couple of barrels that were somewhere near the stream or the finger of the Bell Creek. We certainly didn't locate those. I am not saying they are not there. It is not an issue as far as I am concerned. As far as she indicated, there are wetlands along with the floodplain. I still continue to indicate to you that there would be no wetlands, but certainly we are all aware of the fact that this entire project has to be sent to DEQ for their critique of wetlands, sewers, water lines and everything else. So certainly you will all be convinced and I hope I have that there is not a situation, every lot is a half acre, for the lady who indicated they weren't. They are all adequate lots. We will have adequate side yards. The one gentleman, unfortunately, per your ordinance, Mr. Soave could build a house 10 feet from his property line which would give this gentleman 25 feet, yes. Perhaps he may not but he certainly could by virtue of the ordinance. But certainly Mr. Soave and myself are aware of the fact that we are trying to create the most desirable sites possible and just recently,just across the creek, I had the subdivision of Camborne Pines and certainly nobody in this room can indicate that that is a bad subdivision or in any way hindered or impaired the values of any home in the City of Livonia. Thank you. Mr. McCann: A motion is in order. On a motion by Mr. Alanskas, seconded by Mrs. Koons, and unanimously approved it was 18040 #10-179-2000 RESOLVED that, pursuant to a Public Hearing having been held on October 3, 2000, by the City Planning Commission on Petition 2000-09-PL-01 Preliminary Plat approval for Wooded Creek Subdivision proposed to be �.. located on the south side of Six Mile Road between Savoie and Harrison in the N.W. of Section 13, the City Planning Commission does hereby recommend to the City Council that the Preliminary Plat for Wooded Creek Subdivision be approved subject to the following conditions: 1) That a landscape plan be submitted to the Planning Commission for approval prior to final plat approval which shall provide for landscaping for the cul-de-sac island area; and 2) That a plan for the required entrance marker shall be submitted to the Planning Commission for approval prior to approval of the final plat. For the following reasons: 1) That the preliminary plat is drawn in compliance with all applicable standards and requirements as set forth in the Zoning Ordinance #543 and the Subdivision Rules and Regulations; and 2) That the preliminary plat represents a good land use solution to development of the subject land. FURTHER RESOLVED that, notice of the above hearing was sent to the abutting property owners, proprietor, City Departments as listed in the Proof of Service, and copies of the plat together with the notices have been sent to the Building Department, Superintendent of Schools, Fire Department, Police Department, and the Parks and Recreation Department. Mr. McCann: Is there any discussion. Hearing none, I have just a couple of comments to the audience. One, I want you to understand that we are concerned about the environment issues but you have to also understand that we have to review these petitions as they are brought before us. In this instance this land is zoned RUF. The petition before us meets all City Ordinances. An owner who pays property taxes has a right to develop their land in accordance with the City standards. In this case, he has met every one of them. Part of the obligation he is going to have to face is to make sure that the water is drained properly and that he doesn't back drain on other properties. That he is going to go to the DEQ and they are going to review it for any wetlands. He will not be able to build into the floodplain. He will have to meet all these standards. Mr. Soave has been before us and where we have requested he looked at certain things like building too close to another home. He has worked with us before and we have never had a problem and I think that is something that should be talked over with him. But when we have a project like this that meets all the City Ordinances within a certain area, we really have no choice. He is entitled to build on it and we love to see half acres. We 18041 rarely see any more half acre subdivisions coming. Hopefully we'll see more of this type but there is not much land left. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. This concludes the Public Hearing portion of our agenda. We will now proceed with the Miscellaneous Site Plan portion of our agenda. Members of the audience may speak in support or opposition to these items. ITEM #4 PETITION 2000-08-08-11 CVS Pharmacy Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 2000-08-08-11 CVS Pharmacy by Mark Miller requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a retail building on property located at 39500 Five Mile Road in the S.E. 1/4 of Section 14. Mr. Miller: I will make a brief presentation and then turn it over to the petitioner to make his presentation. This site is located on the north side of Five Mile Road between Middlebelt Road and Hidden Lane. The petitioner is requesting approval to construct a CVS Pharmacy Store on property that sits just west of the Five Mile/Middlebelt Road intersection and is located between a Thrifty Flower Shop and a Co-Op Credit Union. The two-story office building presently sits on the site which was once occupied by the Ford Total Cost Management Group. CVS currently occupies a retail unit in the Mid-Five Shopping Center, which is located across the street on the south side of Five Mile Road. To make room for the new building, the petitioner is planning on demolishing the existing structure. This proposal is very similar to a request by Arbor Drugs that was denied by the Planning Commission at their June 23, 1998, Regular Meeting. The Planning Commission felt at that time that the general area was already adequately serviced by this type of use and the proposed common drives between this site and the adjacent properties to the east conflicted with the established vehicle and pedestrian traffic of the area. In a letter dated June 24, 1998, the petitioner appealed the decision of the Planning Commission to the City Council. At their meeting of September 23, 1998, the City Council, upon hearing the request, sent the item to the Committee of the Whole. On May 14, 1999, the petitioner withdrew their request for Site Plan Approval. The petitioner is requesting to construct a 10,880 sq. ft. retail building. As with the previous plans from Arbor Drugs, access to the site would be achieved by a single drive off Five Mile Road or by two connecting driveways off the McDonald's property to the east. For this plan to work, part of the McDonald's parking lot would have to be reconfigured. The parking spaces along the north parking would be relocated within the CVS site, along its east property line, and would be accessible from the restaurant's drive-thru lane. Mr. McCann: Is there any correspondence? 'Nr 18042 Mr. Taormina: There are four items of correspondence. The first one is from the Division of Police, dated September 18, 2000, and reads as follows: "We have reviewed the site plan for the above listed petition. There currently is a McDonald's sign and a payphone located on the west side of the common driveway for McDonalds and the florist. Because of the expected increase of traffic using this common driveway, the telephone and sign will need to be removed from this driveway. A stop sign will need to be installed at this driveway for exiting vehicles. Please remind the petitioner that each handicap space must be individually posted." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The second letter is from the Livonia Fire &Rescue, dated September 20, 2000, and reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct a retail store on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Joel R. Williamson, Fire Marshal. The third letter is from the Engineering Division, dated September 25, 2000, and reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above referenced petition. The Engineering Division has no objections to the proposal or the legal description contained therein. We trust that this will provide you with the information requested." The letter is signed by David Lear, P.E., Civil Engineer. The fourth letter is from the Inspection Department, dated September 27, 2000, and reads as follows: "Pursuant to your request of September 5, 2000, the above referenced Petition has been reviewed. The following is noted. (1) Easements are mentioned that are "to be obtained". These should be clarified (2) As depicted, the Barrier Free Parking is incorrect and must be the closest to �i► the entrance. (3) The parking striping is not denoted as double striped and should be clarified (4) As proposed, this Petition will need many variances for signage from the Zoning Board of Appeals. (a) Excess square footage on monument signage. They are allowed 30 square feet,proposed is 32 square feet. (b) Excess square footage wall sign. They are allowed 85 square feet,proposed is 134 square feet. (c) Excessive number of wall signs. Allowed is one,proposed are nine. (d) Excessive ground signs with advertising. The petitioner needs to clarify as to exactly what directional Signage is proposed, especially on the Middlebelt entrance. (5) The relocated McDonald's dumpster enclosure may work better with the entry angled more to the north to facilitate the servicing vehicle. Other than as noted above, this Department has no further objections to this petition." The letter is signed by Alex Bishop, Senior Building Inspector. The fourth letter is from the Livonia Fire &Rescue Division, dated September 20, 2000, and reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct a retail store on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Joel R. Williamson, Fire Marshal. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Joseph Galvin, 150 W. Jefferson, Suite 2500, Detroit, Michigan. I am here tonight with Dana Rosenthal, Mark Miller and Dr. Tappan Data. Dana is the architect, Mark is 18043 the Real Estate Director for CVS Pharmacy and Dr. Data is a Traffic Engineer. We are here tonight asking for you to approve all of the plans which are required for us to construct, in accordance with this site plan. We �`■' ask you to do that and we respectfully request that the signage issues be dealt with at a later time because we believe they are material and substantial benefits to the City of Livonia from this construction and because we meet, and far exceed as a matter of fact, all of the ordinance requirements under the City's zoning ordinance for site plan approval, substantial and material benefits to the City. To orient the Commissioners, the property we are talking about is outlined in red, Five Mile, Middlebelt. McDonald's restaurant is located here. There is an office building which is obsolete and which, as you can see from the photograph is, except for the lawn and the shrubs in the front, an unremitting sea of asphalt. Those are ground level photographs to orient you. The first is taken at the front of the building, the second at the side, the third shows the rear of the building and the fourth is an angle shot across the parking lot. You would be able to pick up the same recreational vehicle that is shown here on the aerial photograph. What we propose to do will immediately organize the uses of the quadrant of the intersection. It will organize them both physically and from a traffic standpoint. One of the most immediate impacts is with respect to the McDonald's parcel. Currently the McDonald's site, as you can see, almost abuts the property line with the parcel that our site plan encompasses. We are in effect increasing the size of the McDonald's parcel sufficiently for McDonald's to pick up an additional 12 parking spaces. This will put the McDonald's parcel into conformity with the City's current ordinances with respect to parking spaces. They currently have '�... 40. They are required to have 50. They will have 52. In addition, and I think it is easier to see from the photograph, by adding this area to the McDonald's parcel we are in effect creating a workable site for that land use. The addition of our building does a couple of things. First, physically you are taking and you are razing the building that you just looked at, replacing it with a modern, physically attractive building. The project will immediately improve both the McDonald's parcel and this parcel. The door is there. I almost forgot. The door I am talking about is on the McDonald's restaurant side. In fact, there are two doors on that side. The one that is to the north is currently open. I think the one to the south closed. The point being that these new spaces will be accessible and the traffic circulation on the McDonald's site will be improved. The real reasons that this should be done are best illustrated by the photo. This is a land use pattern which just grew. Flower shop is there, which is converted gas station center. McDonald's is there on a site which is not sufficient for it physically. An antiquated office building is there and a sea of cracking asphalt. We are proposing to bear the cost of correcting those issues. These are substantial benefits, we believe, to the City. We have taken great pains to organize our site to integrate it with what is already there so that when we are through with our development we will have done something which benefits us but benefits all of you. Because we propose to do these things and because our proposal does meet the ordinances of the City, we respectfully request that you recommend favorably to the City Council the approval of this site plan. In listening to the comments in the letters, we are 18044 able, as I know the Commissioners know, to meet each of them with relative simple changes. Mr. McCann: Thank you. Are there any questions from the Commissioners? Mr. LaPine: The spaces that McDonald's is going to pick up, are you selling them the land or giving them the land, or what? Mr. Galvin: We are granting to them an easement to use them. In practical effect, we are giving to them the spaces. Mr. Alanskas: The existing drug store across the street is how many square feet? Mr. Galvin: It is 12,000 sq. ft. and this one is 10,880 sq. ft. This one is a little bit smaller actually. Mr. Alanskas: Why do you want to go from a 12,000 sq. ft. building to a smaller building? Mr. Galvin: The key issue is not the particular size of the building, but the fact that this is a free standing building and it is not located as is the current one across the street in a relatively less visible location. I am not going to say invisible, but it is close. It is the location and the freestanding nature of the site. Mr. Alanskas: If you have a larger building, can't you put more product into the building itself? 4.. Mr. Galvin: As a theoretical matter, maybe. I don't know how the two lay out to be honest, but that is not the issue. The issue is to make a competitive modern structure, from our point of view. Mr. Alanskas: You say that the traffic, I am sure that will be addressed by this gentleman here. I would like to read to you what I think it is very important is traffic circulation to be considered with the review of this petition: "(1) The proposed entrance drive on Five Mile would offset the existing driveway to the shopping center located on the south side of Five Mile, causing potential left-hand turning conflicts between the two uses. (2) Some confusion may be caused by the proposed driveway connections between the CVS/pharmacy and the McDonald's. (3) The proposed connecting drive in the northeast corner of the site would not prevent two-way circulation. As a result, traffic generated by the proposed CVS/pharmacy would increase the number of turning movements onto Middlebelt Road from the McDonald's site. (4) According to trip generation rates provided by the Institute of Transportation Engineers (ITE), Trip Generation Manual, 6' Edition, the proposed 10,880 sq.ft. retail Pharmacy/Drugstore with Drive-Through Window would generate substantially more traffic than a 20,000 sq.ft. general office use during the peak hour of adjacent street traffic." Also, I am also concerned that people on Middlebelt and Five Mile, they may want to cut through. That `„ to me could be a big issue. 18045 Mr. Galvin: Do you wish to deal with those issues? We could bring Dr. Data up. Mr. Alanskas: Sure. Nifty Mr. Galvin: Wish the permission of the Chair, if we may,just to deal with the aerial photographs. Mr. Alanskas: I've got a copy of the aerial right here. Mr. Galvin: I think that the aerial shows that we are not offsetting, to start with the drive. But beyond that, Dr. Data, you have looked at the issues and if Mr. Alanskas, if you could help us by going back to the start of your laundry list, we will go item by item. Mr. McCann: We are losing control of the meeting. Mr. Galvin: I'm sorry, Mr. Chairman, I apologize. Mr. McCann: Dr. Data, the issue before us is the traffic pattern with regard to the ability to re-enter through McDonald's and enter Middlebelt Road. Dr. Tappan Data: Can I preface that with some of the information from the ITE how many trips are coming in? Mr. McCann: Doctor, have you prepared a report? Dr. Data: I am analyzing it right now. Mr. McCann: So you do not have a prepared report? Dr. Data: Not completely, but I have analyzed it and I have data which I can present. Mr. McCann: You have data to present tonight but is not complete? Dr. Data: Actually, they are numbers which I have collected and can provide to you. Mr. McCann: O.K. Let's hear what you have to say. Dr. Data: We are looking at a 10,880 sq. ft. building. It will generate 113 trip ends at the worse during the P.M. peak hour. Let's understand; 113 trip ends means the number of vehicles coming in plus the number of vehicles going out to that particular site, according to the ITE Trip Generation Manual, the latest version, it also says that 40% of the trip ends will be pass-by trips. That is historical of the CVS/pharmacy or any kind of drug store. In the evening when people go home, what they do is they will stop by and pick up something from the drug store to go home. Those are not additional trips. Let's try to understand that the intersection of Middlebelt Road and Five Mile Road has approximately 4800 vehicles per hour during the P.M. peak hour. That is between 4:00 p.m. to 6:00 p.m., the highest number of cars that can 18046 come in. You are looking at less than 2% or 1% variation and I have been collecting data at that site to show that the variations from day to day is about 3% to 5%. The amount of traffic is not that great. Mr. McCann: Sir, did your analysis take into account that this has a drive-thru pharmacy and that may Dr. Data: Of course. The drive-thru pharmacy is not like the drive-thru McDonald's or Burger King store. The drive-thru pharmacy has very few traffic coming in during the peak hours. When I finish all of my data collection you will see that even taking a similar store and another place, you will see hardly ever there are ever too many people lining up to take that. I don't think that ought to be a concern. One of the issues was that the traffic, because we are moving this driveway on this side, this can cause problems in terms of left turning? Mr. Alanskas: Yes. Dr. Data: If I look at the traffic assignment for the number of vehicles we talked about according to the ITE trip generation, we are looking at approximately 11 cars an hour, at the most, coming in from this side to turn left. Eleven cars an hour, so one car you are looking at every five minutes turning in. The magnitude is, I think, the most important thing to consider when you are analyzing a traffic situation. You are not going to have, in my opinion, these two are too close at this time, what it is. Moving this farther west is going to improve the traffic operation there. It is going to improve it in a sense that .`. this driveway will be farther away from the major intersection. That was one of concern. What you have here is that you have a very similar kind of situation existing here and some even there as well. You are not having a problem per se' there. What makes you believe you are going to have a problem? The most important thing is that the drugstore traffic is not like traffic from a McDonald's store or a gas station or any of that nature. It is a store, and because there are so many drugstores near by the individual trips made by the consumers, by the customers, are much shorter these days. So you don't drive as far to go to a CVS store. You go two or three miles to find a CVS store. That is also a very positive thing. The other concern you had about the left turn, if you will kindly repeat that concern. Mr. McCann: We are concerned about the traffic re-entering into the McDonald's and trying to exit onto Middlebelt. Dr. Data: Anybody who is going to enter the property here and go and park and do their shopping or their business in CVS, I don't think the circuitous way they are going to come out that is going to be anybody Mr. Alanskas: Sir that is not what I meant. What I meant is, if somebody is on Middlebelt Road and they don't want to go to the light, they can cut into McDonald's and come out on Five Mile. They can make a shortcut through there. Dr. Data: They can do it now. 18047 Mr. Alanskas: I know they could. Dr. Data: They can do it now. It is not going to change anything. I don't think anybody does that because my office is in Livonia on Vasser Avenue right on Middlebelt Road, off of Middlebelt Road. I am very familiar with that. The cut through concern, if you want, I can put up a video to show you that there are no such people who will make a cut through because it is very difficult to do that. The current property of McDonald's is such that if you can just go around and come out this way, that is the only thing they will do. What we are going to do by providing the access is it is going to be a much longer trip for the person to go around to come back to Middlebelt Road. It is much easier for them to go on to Five Mile Road and exit out of there. Mr. Alanskas: Or just the reverse also because I am there all the time. If you are going east on Five Mile and before you get to that light, that light is so congested with cars turning left, I would be glad to cut into that parking lot and come out on the other side. Mrs. Koons: Dr. Data, what is the number you used as the peak hour - 130 or 113? Dr. Data: One hundred thirteen according to the ITE trip manual, 113 trip ends per hour. Mrs. Koons: Then how did you come up with 11 cars in the turn lane per hour? Dr. Data: Eleven cars are going in.... Mrs. Koons: Out of 113 in and out per hour, only 11 cars are turning in? Dr. Data: One hundred thirteen is total. Mrs. Koons: In and out? Dr. Data: Out of which you have 55 cars are coming in and 58 cars are going out. Out of 55 cars the distribution happens because you have a lot more traffic on Middlebelt Road. Obviously the traffic from Middlebelt Road will come to the property more than Five Mile Road. Mrs. Koons: Show me with your finger how the Middlebelt people are getting there. Dr. Data: This is Middlebelt Road. This is southbound. This is northbound. Mrs. Koons: How are they getting to the new proposed site? Dr. Data: Those who are going southbound, they are going to enter the property here. ,` Mr. Alanskas: At McDonald's. 18048 Dr. Data: At McDonald's. Those who are coming in north bound, they are going to turn left because you have an exclusive left turn lane phase. They are going to turn here and then turn right into the driveway. Mrs. Koons: That is one question. The other question, you said 40% of your traffic is pass- by traffic. Right? Dr. Data: That is what the Trip Generation Manual talks about. It is probably even more during the evening peak hour. Mrs. Koons: But even though they are pass-by traffic, they still have to get into a turn lane to turn. Dr. Data: Absolutely. I have considered that in my analysis and notes, I have considered that. But imagine you are looking at 55 cars coming in and 58 cars going out from an intersection which has over 4,000 cars. That 4,000 cars varies. I have a data here 4,778 cars were found when collecting the data at that intersection between 5:15 p.m. and 6:15 p.m. Mrs. Koons: I don't know if this is you Dr. Data or Mr. Galvin, could you pretend the CVS is there and draw for me with your finger how the car would come from Five Mile and go through the drive-thru. On that map you have there. Dr. Data: If you have people coming in east bound, they will turn left here. They will go around this way and come out. Mrs. Koons: So they are going to pass by the front of the building and go around the back of the building? Dr. Data: Right. Mrs. Koons: Now will you show me the drive-thru of McDonald's? Dr. Data: From here? If they are coming in here they will enter here and go out this way. Mrs. Koons: How are they going to drive through McDonald's? Now we have a customer coming to McDonald's drive-thru. Dr. Data: McDonald's drive-thru is here. This is a separate driveway and they will turn around and go out this way. Mr. Shane: If I am coming from the west and I am going to turn left into this site, correct? Dr. Data: Yes sir. 18049 Mr. Shane: If I am coming from the east on Five Mile Road, I am going to turn right into the site. If I am coming from the south, I am going to take a left, you said, at Five Mile Road and turn in. Dr. Data: Then turn right, yes. Mr. Shane: So the only people that I am going to serve by that driveway are the people from the north? Dr. Data: That is correct. Mr. Shane: Tell me why you need the exit to Middlebelt Road. Dr. Data: Fist of all this is going to be a shared driveway. It is not from the point of view an access management. This is an ideal situation, what we all ought to be promoting, because it is not increasing any other curb cut. That is number one. Number two, it is the number of cars which you are passing though. You are restricting them to come to the signalized intersection which improves the level of service for this intersection itself. Mr. Shane: You haven't convinced me. I think that you have less traffic congestion if you eliminated that entry into your site so that everybody could come off of Five Mile from whatever direction, and ignore McDonald's altogether. Your congestion is going to come from McDonald's and CVS fighting with each other with this traffic not to mention the flower shop. 44111. Dr. Data: Let us imagine another scenario. If you had a CVS drug or any other drug store in an independent place, you would definitely have two driveways, correct? You don't have anything in the City which doesn't have two driveways for a similar development. If that is the case, I think it was a very conscience decision and the architect and we consulted to make it a single new driveway which is away from the existing ones and utilizing the existing one there. Even if it is 10, 20, 30 cars an hour, if you can take away that many cars coming to the signalized intersection and have them make a right turn, that is the greatest thing that you can do because you bring them into the intersection, you are creating a separate additional vehicle at that intersection. Mr. McCann: Sir, if you are going to add 10, 20, 30 cars going in, you are also going to have 10, 20, 30 cars turning left back onto Middlebelt out of McDonald's. Isn't that creating a bigger problem? There is no light there. It is heavy traffic and during a rush period, to me, having people adding 30 more cars coming out of McDonald's and turning left onto Middlebelt is going to create more problems than anything we could deal with. Dr. Data: Let's assume say 10 or 20 cars coming in, entering here, and out of those 20 cars, it is proven that probably 60% of them just to go to the CVS pharmacy, buy something and go back. Those are the people that will have to go in, get serviced here, get out this way and turn left. Those who are pass-by traffic, they are not going back north. They are continuing on south. So what they 18050 are doing is entering here, coming out, turning left and turning right at the intersection of Middlebelt. `or Mr. McCann: Then you are going to have people going down Five Mile turning left and they are going to want to turn left on Five Mile and go north. You are going to have per average, at least as many people coming in to turn as wanting to come back out on the street. No matter what direction they come from. I guess what I am telling you is that they are not going to go on to Five Mile and turn left. They are not going to go on to Five Mile and turn left. They are going to go back in through French's Flowers, wrap around McDonald's, get caught in that traffic and you are going to have just as many cars come in off of that exit, want to go back in that exit and turn left onto Middlebelt. Dr. Data: My opinion is that is not going to happen because the McDonald's drive is a very tight drive. Mr. McCann: Exactly. That is my concern. Turning at McDonald's is very bad news. Dr. Data: That is exactly why the additional traffic who are destined to go to CVS will never go. Mr. McCann: Then why should we have an entrance there to the south end going into French's Flowers? Why would we want that if you are telling me it is bad news to have people going back through McDonald's, why would we leave a drive open for them to do that then? Dr. Data: I am saying coming out of this drive, is going to be difficult for the CVS customer. Mr. McCann: Exactly. So why do you have the drive open next to the flower shop? Dr. Data: Which one are we talking about? Here? Mr. McCann: Yes. Dr. Data: This is because some people can turn in here and can go there as well. Mr. McCann: If they are turning right, they can turn go onto the other drive just easily, can't they? Dr. Data: Suppose they go there and they want to come back here? Suppose they go to CVS pharmacy and they want to come to the flower shop. What will they have to do? They will have to go in turn right, get out, turn left on the road add to the traffic, again turn left into the flower shop. This is why access management engineering, provide internal driveway as many as possible. Mr. LaPine: Assuming somebody was at the McDonald's drive-thru and they picked up their food and now they want to go over to the pharmacy, how do they go from there? 18051 Dr. Data: If they are here? `1010.- Mr. LaPine: Yes. Dr. Data: I don't think McDonald's allows... The only way they can do this is they can turn around again and go this way or they will have to come out and go into this way and go into this way. Mr. LaPine: So if somebody goes to McDonald's and wants to then cut over to the pharmacy, they either have to go back around, come out to Five Mile, go out the exit to Five Mile. Dr. Data: Or come out this way. Mr. LaPine: Which I think is kind of confusing. And vice versa, the same thing would be if they went to the pharmacy first. You are moving the pharmacy from the shopping center over here for basically you want, I believe, you want the drive-thru. Is that correct? Mr. Galvin: No sir. Mr. LaPine: I would think because you are in a shopping center you get more exposure and more traffic in that shopping center. I grant you, today the shopping center is not as viable as it was five years ago. Farmer Jack's has moved out. +r.. Other stores have moved out. My question is why do you think this location gives you better visibility and more traffic than you had in the shopping center? Mr. Galvin: The visibility I think is spoken for physically by the photograph. As you know, although we don't have the entire shopping center in there, we are in literally at the crotch of the shopping center. We are blocked by the vegetation. If you don't, and Mr. LaPine, that that CVS is there before you get into that area, you are not going to figure it out by seeing it. This site has a great deal more visibility. I honestly, and we don't mean to be argumentative with the Commission. We really don't. We think this is going to be a real improvement. I mean that, a real improvement to the current existing conditions there. We don't believe we will do as well at our current location as we can do there or we wouldn't be making this presentation to you or pursuing this. Enough said about that. Mr. LaPine: Most people that go to pharmacies, no matter if it is CVS, or Arbor, or if it is Walgreen's, it is normally neighborhood people within a radius of two miles. People will go by that location day in and day out to work, know you are in there. You can't tell me they don't know you are in there and that is the people you are servicing. If you are telling me that you are going to be at this location and people that live in Plymouth Township or Northville or Novi are .,�, going to stop there because they go by there, I don't believe that. They are 18052 going to go to the one closest to their home than they are to stop here just to pick up something on their way home. Mr. Galvin: It is clear to me that I will be unable to persuade you with what I say but I am going to say it anyway because I believe it to be true. I believe that we will do better at this location, building here sir, than we will at that location and this is not, and I want to go back to your original question, this is not just because there will be a drive-thru. Yes, there will be a drive-thru. Yes, we know based upon our current market that we need a drive-thru in order to be competitive. Leave that aside, the location itself is far superior for our business and I understand, Mr. LaPine, based on how you said it and your sincerity, and I mean that you will not find that persuasive to you but please consider that I believe with the same fervor, the same level of fervor that what I said is the case, and for the Commission as a whole, I want to make one remark on the traffic issue. Please consider what we are proposing in the context of the fact that this property will be used. I suggest to the members of the Commission that we are one of the few users who are willing to correct the McDonald's condition. Willing to give away the land that is necessary to do that in order to do what we want. Please consider that whatever use goes there is not going to change the availability of that cut-through at McDonald's. That changes no matter who goes there. I do not believe that there is any basis statistically and I think Dr. Data's numbers establish it but I don't think anybody can establish statistically that somehow because we are a CVS pharmacy, that somehow we are going to make the situation in the aggregate by doing all the things that we proposed to do. I understand that this parcel has been a difficult and arduous parcel for this Commission. Thank you. Mr. McCann: If there are no further questions, I will go to the audience. Is there anybody in the audience who wishes to speak for or against this petition? Seeing no one wishing to speak, a motion is in order.. On a motion by Mrs. Koons, seconded by Mr. Alanskas, and unanimously approved it was #10-180-2000 RESOVLED that, the City Planning Commission does hereby recommend to the City Council that Petition 2000-08-08-11 CVS Pharmacy by Mark Miller requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a retail building on property located at 29500 Five Mile Road in the S.E. 1/4 of Section 14 be denied for the following reasons: 1) That the petitioner has failed to affirmatively show that the proposed use is in compliance with all of the general standards and requirements asset forth in Sections 18.58 and 19.06 of Zoning Ordinance #543; 2) That the surrounding area is already adequately serviced by this type of commercial use; 18053 3) Sufficient commercial space is presently available in this area to accommodate the proposed use; °'` 4) The proposal would result in hazardous vehicular turning movements in relation to routes of traffic flow, the location of access drives to the main traffic thoroughfares, and to street and road intersections; 5) The proposal would encourage 'cut-through' traffic between Middlebelt and Five Mile Roads to avoid turning at the intersection; 6) The proposed development would generate an increase in traffic and would cause added traffic problems to the major roads of Middlebelt and Five Mile Roads, which are already overburdened with traffic; 7) That a commercial use is contrary to the goals, objectives and policies of the Future Land Use Plan of the City of Livonia, as adopted by the City Planning Commission, which is to ensure compatibility and appropriateness of uses so as to promote property values, enhance neighborhood conformity and enjoyment; 8) That the proposed use is detrimental to and not in harmony with the surrounding uses in the area; and 9) The proposed use relies on an excessive number and area of signs, including off-site directional signage, which would not be compatible to or in harmony with the surrounding area and would not comply with Section 18.50 of the Zoning Ordinance. Mr. McCann: Is there any discussion? Mr. Alanskas: I just want to say that for the past 10 days I have gone to that existing drugstore every day at different hours and that store is a nice drug store and it is very very busy. I just think to relocate that store and to tear down an office building would be a travesty because in the last two years the City has built at least seven new office buildings and they are all full. In fact, right now we are in the process of approving two six story buildings. I can't see why that building can't be used again with a little modernization, cleanup to get people to come in there and to use that building and to put a drug store, whether it is Walgreen's or any other drug store, I think would be a travesty. Thank you. Mr. McCann: Is there any other discussion? Hearing none, I have a comment. To be honest with you I like this design better than the last one. I have a real problem, even your traffic engineer stated, it is difficult and problematic to have people re- entering into the McDonald's area and turning left onto Middlebelt from the Middlebelt Road entrance. The south entrance on the property is real problematic for this and I also have a problem with the fact that as part of this package we have nine wall signs, one ground sign with an excess above our ordinance of eight wall signs and over 297 sq. ft. of additional signage above and beyond the required ordinance. When this package was brought before us 18054 the petitioner knew well what the City standards were and decided to completely ignore them and feel that there was absolutely no basis for them and that to me is a little bit upsetting. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. The petition is denied. You have 10 days in which to appeal the decision in writing to the Livonia City Council. ITEM #5 PETITION 2000-09-08-13 Red Lobster Restaurant Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 2000-09-08-13 Red Lobster Restaurant requesting approval to repaint the exterior of the restaurant located at 29980 Plymouth Road in the S.E. 1/4 of Section 26. Mr. Miller: This site is located on the north side of Plymouth between Middlebelt and Tech Center Drive. The petitioner is proposing to repaint the exterior of the Red Lobster Restaurant that is located in front of the Media Play Store and the recently approved Big Lot Store. Presently the restaurant is painted a dark maroon color with gray trim. According to the Exterior Elevation Plans and the submitted color legend, the restaurant would be painted mainly a light cream color with blue trim. The parapet wall along the roofline and the top section of columns by the entrance would be painted a tan color. Mr. McCann: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first letter is from the Engineering Division, dated September 25, 2000, and reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above referenced petition. The Engineering Division has no objections to the proposal at this time. We would however like to request that the developer be required to re-stripe the parking areas to conform with current parking lot striping standards. We trust that this will provide you with the information requested." The letter is signed by David Lear, P.E., Civil Engineer. The second letter is from the Inspection Department, dated September 27, 2000, and reads as follows: "Pursuant to your request of September 19, 2000, the above referenced Petition has been reviewed. The following is noted: (1) New entrance pole lighting is being added as of this date. (2) The parking area needs maintenance, repair, sealing and double striping. (3) The landscaping, in general, needs maintenance, trimming and clean-up. (4) The landscaping timbers near the front entrance need to be replaced and the rear landscape beds need new edging. (5) The two (2) dumpsters were not in the enclosure and are stored in the parking lot. This Department has no further objections to this Petition."The letter is signed by Alex Bishop, Senior Building Inspector. The third letter is from the Division of Police, dated September 28, 2000, and reads as follows: "We have reviewed the listed proposed plans for alterations of the Red Lobster and we have no objections to the plan as submitted." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The fourth letter is from the Livonia Fire &Rescue 18055 Division, dated September 28, 2000, and reads as follows: "This office has reviewed the site plan submitted in connection with a request to repaint the exterior of the existing restaurant on property located at the above referenced `- address. We have no objections to this proposal." The letter is signed by Joel R. Williamson, Fire Marshal. That is the extent of the correspondence from the departments. I would like to note that we did receive a response to several of the items of concern reported by the Inspection and Engineering Departments and this is through a letter dated October 3, 2000, from Arthur McIntosh, Design Project Manager from Darden Restaurants, Inc. I can read this or if he is present, he may want to go over each of these items. Mr. McCann: Is the petitioner here this evening? Mr. Taormina: Apparently not. Mr. McCann: No one from Red Lobster Restaurants? Mr. Taormina, go ahead and tell us what they stated. Mr. Taormina: This is addressed to Alex Bishop, C.B.O. Senior Building Inspector for the City and the following reads as follows: "The following is in response to the five (5) objections to the petition for the Red Lobster remodel in Livonia, Michigan. Objection 1: New entrance pole lighting is being added as of this date. Answer: The facilities department is adding six (6) new parking lights at and near the parking lot entrance, (three poles with two lights each). Objection 2: The parking area needs maintenance, repair, sealing and ti.. double striping. Answer: The facilities department is going to grind and remove the asphalt top-coat, pour a new top-coat, and stripe the lot. Objection 3: The landscaping, in general, needs maintenance, trimming and clean up. Answer: Our landscape contractor is going to perform a standard upgrade to exterior along with this remodel, which includes the above- mentioned and more. We do not allow, however, the landscaping to begin their work until the building has been painted due to the painters "trampling" and disrupting the landscape work and plantings. Objection 4: The landscaping timbers near the front entrance need to be replaced and the rear landscape beds need new edging. Answer: Our landscape contractor will replace the timbers and apply new edging as mentioned in the above note. Objection 5: The two (2) dumpsters were not in the enclosure and are stored in the parking lot. Answer: We have just had, or are in the process of having the damaged concrete dumpster pad fixed or replaced. When the new concrete paid in place and cured, ALL garbage dumpsters will be contained and held with in the enclosure. We have submitted the above solutions to your objections and will complete them as stated. It is our intent to have a clean, safe and well-maintained facility, and will do everything to embody this. If you have any questions or concerns,please call." Mr. McCann: Is there anybody in the audience wishing to speak for against this petition. Is there a motion from the Commissioners? On a motion by Mr. LaPine, seconded by Mr. Shane, and unanimously approved, it was 18056 #10-181-2000 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 2000-09-08-13 Red Lobster Restaurant `taw requesting approval to repaint the exterior of the restaurant located at 29980 Plymouth Road in the S.E. 1/4 of Section 26 be approved subject to the following conditions: 1) That the Exterior Finish Plan marked AE-1 dated 8/23/00, as revised, prepared by James R. Jones, Jr. Architect, is hereby approved and shall be adhered to; 2) That the colors of the restaurant shall correspond with those specified on the "Red Lobster Remodel Color Legend"submitted to the Planning Commission on September 19, 2000. 3) That the petitioner shall correct to the Inspection Department's satisfaction the following site deficiencies as outlined in the correspondence dated September 27, 2000: - that the entire parking lot shall be repaired, resealed and double striped - that all handicap spaces shall be identified and comply with the Michigan Barrier Free Code - that the existing landscaping of the site shall be trimmed, cleaned up and maintained �.. - that the landscaping timbers near the front entrance shall be replaced and new edging shall be installed around the rear landscaping beds - that the existing dumpsters shall be kept in their enclosure and the enclosure gates shall be maintained and when not in use, closed at all times 4) That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM #6 PETITION 2000-09-08-14 Marke Building Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 2000-09-08-14 Marke Building requesting approval to refinish the second floor exterior elevation of the building located at 15225 Farmington Road in the N.E. 1/4 of Section 21. Mr. Miller: This site is located on the west side of Farmington between Five Mile and Lyndon. The petitioner is proposing to refinish the exterior of the second floor of the Marke Building. The first floor of this building is occupied by 18057 O'Malley's Bar& Grill and a Neon Village dry cleaners. The first floor is presently finished in a back-and-forth diagonal pattern wood siding. This lower half of the building would remain untouched and left as is. The second floor is utilized as office space. The petitioner would like to remove the existing metal louver material and replace it with dryvit. It is the desire of the petitioner to give the second floor a somewhat two-tone look. A light cream color or "Sea Shell" dryvit would be installed on the top and bottom third of the floor with the middle section covered in a little darker shade or "Oatmeal" color dryvit. This middle band of dryvit would be the same width as the existing windows. The Elevation Plan shows that only the north, east and west elevations would be refinished. It is not known at this time if the petitioner plans on refinishing the south elevation in any way. This elevation does not have the metal louver material on it and is constructed out of a painted block. An existing deli restaurant abuts right up against the lower half of the south elevation. Mr. McCann: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first letter is from the Engineering Division, dated September 25, 2000, and reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above referenced petition. The Engineering Division has no objections to the proposal at this time. We trust that this will provide you with the information requested." The letter is signed by David Lear, P.E., Civil Engineer. The second letter is from the Inspection Department, dated September 27, 2000, �w. and reads as follows: "Pursuant to your request of September 21, 2000, the above referenced Petition has been reviewed. The following is noted: The parking areas need maintenance, sealing and double striping. This Department has no other objections to the Petition." The letter is signed by Alex Bishop, Senior Building Inspector. The third letter is from the Division of Police, dated September 28, 2000, and reads as follows: "In response to the captioned petition, the Police Department has no objection to the site plan as submitted." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The fourth letter is from the Livonia Fire & Rescue Division, dated September 29, 2000, and reads as follows: "This office has reviewed the site plan submitted in connection with a request to refinish the second floor exterior elevations on property located at the above referenced address. We have no objections to this proposal." The letter is signed by Joel R. Williamson, Fire Marshal. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Frank Grisa, 15603 Edington Road, Livonia. Mr. McCann: Would you tell us the reasons for your modifications? Mr. Grisa: The primary reason is that we have bird problems. Birds fly in those little louvered holes in the siding on the second story and they are nesting on window ledges and various projections that are underneath there, depositing 18058 seeds. You have weeds growing out of the building like trees and droppings on people and it is just not very nice. ``' Mr. McCann: Are there any questions from the Commissioners? Mr. Alanskas: Sir, is there a reason why you do not want to continue the top facade around the south part of the building. When you are coming north you can see the building. Mr. Grisa: If we can afford it, we are going to do it. Otherwise, we are going to paint it to match. Mr. McCann: Can you come around about 30' or 40' so at least the view of it is covered? Mr. Grisa: If it is the same color, you wouldn't be able to tell the difference. It'll just be a smooth finish on that stone product. Mr. Piercecchi: Do you plan on doing anything to the lower wooden base? Mr. Grisa: No sir. Mr. Piercecchi: Nothing at all? You are not going to power wash it? Mr. Grisa: We power wash that and refinish it about every three years. That will k probably be done next year. `ow Mr. Piercecchi: If it is power washed, then it will be re-stained? Mr. Grisa: Yes. That is a continuing process. Mr. Piercecchi: How about the parking lot repairs that were mentioned? Can you bring those up to speed? Mr. Grisa: The parking lot, we just put new asphalt down several years ago and it does need seal coating and striping. Mr. Piercecchi: It is not double striped right now, is it? Mr. Grisa: It is not. Will you require that now? Mr. Piercecchi: The ordinance now is quite specific on it as of a year or two ago. It states that it should be 10' x 20' and double striped. So anytime a parking lot is repaired and resealed and everything is covered up, yes, we like that. Mr. Grisa: I see. Mr. McCann: If there are no further questions, I will go to the audience. Is there anybody in the audience who wishes to speak for or against this petition? Since there is no one wishing to speak, a motion is in order. 18059 On a motion by Mr. Piercecchi, seconded by Mr. LaPine and unanimously approved, it was `�- #10-182-2000 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 2000-09-08-14 Marke Building requesting approval to refinish the second floor exterior elevation of the building located at 15225 Farmington Road in the N.E. 1/4 of Section 21 be approved subject to the following conditions: 1) That the Exterior Finish Plan marked Sheet 1 dated September 19, 2000, as revised, prepared by Frank L. Grisa, P.E., is hereby approved and shall be adhered to, except for the fact that the dryvit material shall wrap around the southeast corner of the second floor and continue 30 feet along the south elevation and the remaining upper half of the south elevation shall be painted to match that of the dryvit; 2) That the color of the dryvit shall correspond with those specified on Sheet 2 dated 9/19/00 and submitted to the Planning Commission on September 20, 2000; 3) That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 4) If the diagonal wood siding is power washed it shall be re-stained; and 5) That the parking lot repairs shall be made and the double striping be employed. Mr. McCann: Is there any discussion? I guess I have the only comment. Mr. Pat Sullivan called me and stated that he is in support of this with O'Malley's Bar& Grill down below. I don't think they like the bird droppings either. Mr. Grisa: No they don't. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM #7 PETITION 2000-09-08-15 City of Livonia (Eddie Edgar Ice Arena) Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 2000-09-08-15 by the City of Livonia requesting approval of all plans in connection with a proposal to construct an addition to the Eddie Edgar Ice Arena located at 33841 Lyndon Avenue in the S.E. 1/4 of Section 21. Mr. McCann; Is the petitioner here this evening? Robert Andrus, Andrus Architecture, 355 Northland Drive, Suite B2, Rockford, Michigan 49431. 18060 Mr. McCann: Are there any preliminaries before we go forward with this? fir. Mr. Taormina: No. There are no items of correspondence. Mr. Andrus: What you have before you is a colored site plan. You had the liberty of seeing a predecessor to this last week. Essentially, what you see in the yellow is the existing Eddie Edgar facility with the burnt umber color being the new addition to the south of the facility. We are not at this point in time proposing any additional parking. There is a parking tabulation count on the sheet which shows the existing capacity of the Eddie Edgar parking lot, as well as the parking lot to the south of the Ford Field in addition to the park, of which the name escapes me, to the southwest of the field. Those three parking lots in combination are in excess of what the requirements are for the new and existing seating capacity of the Eddie Edgar. The floor plans are still in a state of design with the Building Authority and with the committees established by the City. Essentially, what you see before you is a revision of what the Commission saw last week. Again, yellow being existing and the mustard being renovation of the existing and the burnt umber being the new addition. Before the Building Authority right now are two different schemes. We are in the process of trying to condense the project down to a palatable size for the budget. In this particular scheme that is before is the larger of the two so we are showing you the worse case scenario at this point and time. Mr. McCann: Are there any questions from the Commissioners? Mr. LaPine: The dressing rooms in the old Ford arena, has that been addressed? Mr. Andrus: It has been addressed. In the scheme that is before you, we are showing two additional locker rooms in the existing and we are hoping to be able to afford an upgrade of the existing locker rooms in the existing rink as well. Mr. LaPine: We are going to have only one entrance for both arenas, is that correct? Mr. Andrus: That is correct. Mr. LaPine: Otherwise, the entrance that is now at Ford on the north side, that will be eliminated? Mr. Andrus: That is the east side and yes, it will be eliminated. That wall will be closed in. That is correct. Mr. Piercecchi: How much land is going to be taken south of that building to accommodate that new building? Mr. Andrus: The new building is in the area of about 35,000 sq. ft., so that would equate to about three quarters of an acre, I would guess. I did not run those numbers. Mr. Piercecchi: In feet, is it a couple of hundred? 18061 Mr. Andrus: In feet it would be approximately 160 feet. Mr. Piercecchi: I understand you are going in being deficient in parking but you are holding some land in bank for parking if it is needed. How much space is that going to take up? Mr. Andrus: That space accommodates an additional 211 parking spaces and I would say that is going to take up another 180 feet to the south. Mr. Piercecchi: So the site that is going to attach to the ice arena is going to take up roughly 340 feet, south, with concluded parking? Mr. Andrus: Correct. Mr. Piercecchi: Will there be entrances back and forth between the two buildings? Mr. Andrus: Aside from the entry area, there will be at least one cross over corridor linking the two facilities, yes. Mr. Piercecchi: Can these facilities operate singularly? Mr. Andrus: They can, in fact, for dry floor activities, as we refer to them. There is going to be a continuation of the shows and events, the Spree, etc. One side can be used independent of the other. That is correct. Mr. Piercecchi: You said the square footage of this building is 35,000? Mr. Andrus: Approximately. Mr. Piercecchi: Where did I get the 48,000 sq. ft.? Mr. Andrus: We have gone through several schemes. You probably saw a predecessor, which was larger. Mr. Piercecchi: So it has been scaled back. It will meet the budget then? Mr. Andrus: We are hoping so. Mr. LaPine: To accommodate this, we have to eliminate the tennis courts. Mr. Andrus: That is correct. Mr. LaPine: To the best of your knowledge, are they going to be relocated to some other location? Mr. Andrus: I apologize. I have no knowledge of that. I would recommend contacting the City. 18062 Mr. Alanskas: In looking at your schematic I don't see provisions for food anywhere. Mr. Andrus: There is a concession. Mr. Alanskas: Where is it? Mr. Andrus: It is near the entry in this scheme, right when you walk in. Mr. Alanskas: It doesn't show it on here. It shows offices and the lobby. I see nothing here for food. Oh, there it is. Thank you. Mrs. Koons: It is my understanding that when the task force looked at all of the recreation activities and use that we were not using the tennis courts to full capacity. Mr. LaPine: The only thing I can say is that when I go by there, I see a lot of kids out there. Mr. McCann: I would like to go on to the site plan. I guess we have some questions in regards to the parking issues. You are land banking 211 spaces. Is that correct? Mr. Andrus: That is correct. Mr. McCann: My concern is that we have seating in the old arena of about 400 seats, according to the plans. We have seating in the new scheme for about 1200 `r.. persons, spectator bleachers. According to your sheets, that is 1610 and that doesn't include the players' locker rooms or whatever as the maximum amount of seating. According to the site plan, the existing parking is about 200 spots and we have 211 spaces in reserve. I suppose this has been looked at but if you get a Churchill/Stevenson hockey game, there is a large number of people that attend those games and if you have anything going on, pee wee games going on in the other arena, I don't think it is going to sit vacant on Friday or Saturday nights. Mr. Andrus: If I could address that issue. First of all, the existing rink now seats 1200 to 1500. We are going to be removing some of those seats to accommodate this addition. So now the new arena will be the large arena with the 1200 seats. That is why there is only 400 anticipated for the existing facility. When it comes to the big hockey game and it is at capacity and 1200 people are at the facility, the City Ordinance states one parking space per three seats. So if we take that 1200 divide by 3, we have 400 parking spaces of which we have accommodations for between the Eddie Edgar parking lot and the Ford Field parking lot to the south. So the capacity for that rink, we are covered. As a scheduling pragmatic side of the ice rink, we will not schedule something on the second sheet of ice at the same time as a known capacity crowd on the primary one. So it is our belief right now that the second sheet during that big event would be used for a pee wee practice or something of the like where So- you are going to have 15 or 20 cars as opposed to 400. So again we would be able to fall under the amount of parking we have provided. 18063 Mr. McCann: I am looking at this and the future parking area. Although you don't plan to use it at this point you may decide that it is necessary later on, there is no entrance to Stark Road. I would think, especially during peak performances, with 400 parking spots that it would help alleviate traffic problems by having an entrance off of Stark Road. Mr. Andrus: I completely agree. We thought perhaps the Commission would not allow us to have a curb cut because of that 90-degree turn in the road. But if we would be allowed to have a curb cut, I agree, it would greatly help alleviate any type of traffic jam. Mr. McCann: What 90-degree turn? Mr. Andrus: Where Lyndon Road curves into Stark. The building would be blocking that intersection somewhat and it was our contention that perhaps the Commission would not allow a curb cut there for fear that it would be a blind entrance way or exit way. Barring that issue, we would love to have a curb cut there. Mr. McCann: You are talking about the north end of the building? Mr. Andrus: Correct. Mr. McCann: I am talking about the south end of the building. �`.. Mr. Andrus: I realize that but it was our contention that people entering or exiting may not be able to have a good sight line because of the mass of the building to that corner and traffic. Mr. McCann; What is the set back of the building from the road? Mr. Andrus: I believe the existing is about 30 feet. Mr. McCann: You should have a pretty good view at that point and you have about 400 feet? Mr. Andrus: Correct. Mr. Shane: Especially if you put the entrance way down at the bottom of it, by the parking lot. Mr. McCann: You can do it at either. To me, you've got plenty of room there but that is for future plans but to me, when you have these type of events, having double exits would be a real benefit. Mr. Andrus: I agree. 18064 Mr. McCann: If there are no further questions, I will go to the audience. Is there anybody in the audience wishing to speak on this petition? Hearing none, a motion is in k order. On a motion by Mrs. Koons, seconded by Mr. LaPine, and unanimously approved, it was #10-183-2000 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 2000-09-08-15 by the City of Livonia requesting approval of all plans in connection with a proposal to construct an addition to the Eddie Edgar Ice Arena located at 33841 Lyndon Avenue in the S.E.1/4 of Section 21 be approved subject to the following conditions: 1) That the Preliminary Site Plan dated stamped October 3, 2000 by Barton & King Engineers is hereby approved, subject to final approval by the City Council; 2) That the Preliminary Floor Plan marked Sheet A-2.0 dated 9/27/00 and the Preliminary Exterior Building Elevation Plan marked A-3.1 dated 9/28/00, both prepared by Andrus Architects, are hereby approved subject to final approval by the City Council; and 3) That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 4) That the brick used in the construction shall be full face 4-inch brick, no exceptions; Mr. McCann: Before we go on, did we come up with the building elevations? I just want to show the people at home, if you can point out the different building elevations because I think they are attractive and will benefit the City. Mr. Andrus: What you are seeing here is the front of the building and this is an existing brick wall with an existing stucco like material with the wood truss plan. What we have done is we have integrated the brick and tried to mimic the stucco with an esthetic dry product which is typically used to try and pick up on a stucco fmish and carry that finish all the way around the building. We have placed an emphasis on the entry to the building with a decorative store front system with an ethesis or dryvit overhang or canopy and with a sanding seam metal roof on the entry area so that we have a real attractive entry that will be well received by participants and spectators and inviting to welcoming them into the facility. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to Council with an approving resolution. This concludes the Miscellaneous Site Plan portion of our agenda. We will now proceed with the Pending Item section of our agenda. These items have been discussed at length in prior meetings therefore, there will only be limited discussion tonight. Audience participation will require unanimous consent from the Commission. 18065 ITEM #8 PETITION 2000-07-02-28 RC Riley & Associates (Sprint PCS) Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 2000-07-02-28 by RC Riley&Associates on behalf of Sprint PCS requesting waiver use approval to install a 133 foot monopole antenna structure for shared usage and its accompanying electronic equipment cabinets on property located on the north side of Five Mile Road between the I-275 Freeway and Knolson Avenue in the S.W. 1/4 of Section 18. Mr. McCann: Mr. Taormina, has there been some modification to the plans? Mr. Taormina: Yes. Each of the Commissioners should have included in their packets a revised site plan showing the new location of the cellular antenna. We have also received a letter from Melanie Parrott, a paralegal, from the firm of Richard Connor Riley& Associates, L.L.C., dated September 28, 2000, which reads as follows: "Enclosed please find thirteen (13) revised site plans for Sprint PCS'proposed wireless communications facility to be located at 39200 Five Mile Road in the City of Livonia. The revision shows that Sprint's lease area has been moved south to meet the setbacks from all residential districts to the north, south and east and the leased parcel will be enclosed by a brick wall that will match the existing brick wall that surrounds their dumpster. Sprint was tabled from the August 29, 2000, Planning Commission hearing to the October 3, 2000, Planning Commission agenda. If you should ti.. have any questions or require further information,please feel free to contact me. Thank you." That is the extent of the correspondence and I believe there is a representative available from Richard Connor Riley to go over the revisions. Robert Starkman, 30150 North Telegraph Road, Suite 420, Bingham Farms, Michigan. If you recall, the site was initially located to the far northwest portion of the property. We have moved the site significantly to the south based on discussions, both with Mr. Taormina and with the Italian American Club. At this point and time we are 540 feet from south of the north property line. We are 330 feet west of the commencement of the church parking lot and it is 280 feet to go to the south property. The setback requirement was 158 feet which is the height of the tower plus 25 feet. Other than our proximity to the MDOT right-of-way to the west, we meet setbacks from residential and from the church and hopefully we will receive approval from the Planning Commission. Mr. McCann: I looked at it and I think it is a great plan. Are there any questions from the Commissioners? Hearing none, a motion is in order. On a motion by Mr. Shane, seconded by Mr. Piercecchi, and unanimously approved, it was S.,, #10-184-2000 RESOLVED that, pursuant to a Public Hearing having been held by the City Planning Commission on August 29, 2000, on Petition 2000-07-02-28 by RC 18066 Riley&Associates on behalf of Sprint PCS requesting waiver use approval to install a 133 foot monopole antenna structure for shared usage and its accompanying electronic equipment cabinets on property located on the north �► side of Five Mile Road between the I-275 Freeway and Knolson Avenue in the S.W. 1/4 of Section 18, the Planning Commission does hereby recommend to the City Council that Petition 2000-07-02-28 be approved subject to the granting of variances by the Zoning Board of Appeals for deficient setbacks from residential zoning districts and from a public street and subject to the following additional conditions: 1) That the architectural site plan, marked Sheet A-1, prepared by Kennith Clark Associates, Inc., with a revision date of September 26, 2000, is hereby approved and shall be adhered to; 2) That the enlarged site plan, marked Sheet A-2, prepared by Kennith Clark Associates, Inc., with a revision date of September 26, 2000, is hereby approved and shall be adhered to; 3) That the tower elevations, marked Sheet A-3, prepared by Kennith Clark Associates, Inc., with a revision date of September 26, 2000, is hereby approved and shall be adhered to; 4) That the site details plan, marked Sheet A-4, prepared by Kennith Clark Associates, Inc., with a revision date of September 26, 2000, is hereby approved and shall be adhered to; and 5) That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for. For the following reasons: 1) That the proposed use is in compliance with all of the general waiver use standards and requirements as set forth in Section 19.06 of the Zoning Ordinance; 2) That the subject site has the capacity to accommodate the proposed use; and 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. 18067 ITEM #9 APPROVAL OF MINUTES Mr. Piercecchi, Secretary, announced the next item on the agenda is the Approval of Minutes of the 810th Regular Meeting held on August 29, 2000. On a motion by Mr. LaPine, seconded by Mr. Alanskas, and unanimously approved, it was #10-185-2000 RESOLVED that the Minutes of the 810th Public Hearings &Regular Meeting held by the City Planning Commission on August 29, 2000, are hereby approved. A roll call vote was taken with the following result: AYES: Alanskas, Shane, Piercecchi, LaPine, McCann NAYS: None ABSENT: None ABSTAIN: Koons Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted the 812th Public Hearings and Regular Meeting held on October 3, 2000 was adjourned at 10:24 p.m. CITY PLANNING COMMISSION c-- .4tiiyat..52)JtLex_& Dan Piercecchi, Secretary ATTEST: _ /• t e Ja es C. M Cann, Chairman /rw