HomeMy WebLinkAboutPUBLIC HEARING - PH 2016-01-06 - REZONING - 15983 MIDDLEBELT
CITY OF LIVONIA
PUBLIC HEARING
Minutes of Meeting Held on Wednesday, January 6, 2016
______________________________________________________________________
A Public Hearing of the Council of the City of Livonia was held at the City Hall
Auditorium on Wednesday, January 6, 2015.
MEMBERS PRESENT: Kathleen E. McIntyre, President
Brandon M. Kritzman, Vice President
Scott Bahr
Maureen Miller Brosnan
Brian Meakin
Cathy K. White
MEMBERS ABSENT: None
OTHERS PRESENT: Mark Taormina, Director of Planning
Don Knapp, City Attorney
Bonnie J. Murphy, CER-2300, Certified Electronic Recorder
This is a Public Hearing relative to a request for a change of zoning within the City of
Livonia on Petition 2015-09-01-09, submitted by 15983 Middlebelt, L.L.C., to rezone the
property located on the west side of Middlebelt Road, between Five Mile Road and
Puritan Avenue, 15983 Middlebelt Road in the Southeast ¼ of Section 14, from OS
(Office Services) to C-1 (Local Business). There was new data provided to Council
containing some additional conditions offered by the Petitioner. The City Clerk has
mailed notices to those persons in the area affected by the proposed changes, and all
other requirements of Ordinance No. 543, the Zoning Ordinance, have been fulfilled.
The Public Hearing was called to order at 7:00 p.m. with President Kathleen McIntyre
presiding. There were seventeen people in the audience. The Public Hearing is now
open for comments. Please state your name and address before making your
comments.
McIntyre: We’re going to take up this first item for the rezoning and Mr. Taormina, do
you want to begin that?
Taormina: Thank you, Madam President. This is a request to rezone property that is
located at the Southwest corner or Middlebelt Road and Puritan Avenue.
The request is to rezone the site from OS (Office Services), its current
zoning classification, to C-1 (Local Business). The property is about
8/10ths of an acre in area, it includes 190 feet of frontage along Middlebelt
Road and roughly 200 feet of frontage on Puritan and currently there is a
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3,600 square foot vacant bank building on the property that does include
drive-thru facilities. The request for the rezoning is to enable the use of
the building as a retail pharmacy which is treated as a permitted use under
the C-1 District regulations but is not allowed under the current OS
regulations. Looking to the north of this property are properties that are
also zoned Office Services. Immediately across the street from Puritan is
the Home Instead Senior Care Facility. Looking to the east across
Middlebelt Road are a variety of commercial properties zoned both C-1
and C-2 and probably the one business most directly across from this
would be the Bank’s Vacuum Store. And then to the south and to the west
are residential lots, although the property to the south, all those properties
to the south are Master Planned for future office use.
The site contains twenty off street parking spaces that are located mostly
between the building and the south property line. General retail
establishments including pharmacies requiring parking based on a ratio of
one space for every 150 square feet of usable floor area, applying the
standard we fill the nineteen required parking spaces, therefore the site
will be able to provide parking for the use that is proposed.
As we mentioned, the subject property does abut residential lots on the
west and south borders. The ordinance requires screening walls
whenever a commercial zoned property abuts on land zoned for
residential. The option does exist, however, to substitute a wall for a 10-
foot wide planted greenbelt and in 2005 this site did receive approval for
building an additional wall with a greenbelt in lieu of a wall along the west
property line. Over on the south side the distance between the parking lot
and the property line is less than 10 feet and therefore does not qualify for
a greenbelt but the Petitioner does have the option of either erecting the
wall, immediately going to the ZBA for a variance or seeking the approval
of the abutting property owner for a five year temporary separation
agreement.
As indicated, there is new data that was submitted and this is in the form
of a letter whereby the Petitioner is voluntarily offering a number of
conditions with respect to the zoning change, those five items in particular,
one that limits the use of the property as a pharmacy with the drive-up
operations, a voluntary prohibition of selling any types of groceries or
alcohol products, also limitations on the hours of operation, installing
appropriate screening along the west property line, etc. And just to give
you an idea, this is what the site looks like today, in fact, this was the plan
that was submitted at the time of the addition to the Standard Federal
Bank back in 2005. You’ll notice the trees along the west property line,
that’s the area at the top of the drawing and I took some photographs
today to give you an idea of what actually exists between the parking lot of
this property and the adjacent residential which is on the other side of the
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trees shown in these photographs. This is a view of the back side of the
drive-up operation.
The Planning Commission is recommending approval of the rezoning,
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undertaking that at the November 17 Planning Commission meeting.
Thank you.
McIntyre: Are there any questions of Mr. Taormina? Mr. Meakin?
Meakin: Thank you, Madam President. Mark, since there’s OS on the west side of
the street going up and down and the other side is C-1, isn’t this the exact
definition of spot zoning?
Taormina: Well, if you’re looking at just the real estate, the zoning in and of itself, it
might be looked at as being out of place, but bear in mind that the C-1 and
the OS have many similarities in terms of the uses that are permitted and
it’s with this I think conditional agreement that he tries to, or that the
attempt is to lock the use to one that is compatible to an OS classification
and without expanding any future uses beyond that to – other uses that
might be viewed as more intensive than are allowed in C-1 which would
include full service drug stores, limited service restaurants, things of that
nature. So through this conditional zoning agreement, those types of uses
would be prohibited.
Meakin: Then my question is then instead of changing the zoning why not justgo to
the ZBA for a variance to use that type of business in that zoned property?
Taormina: These are all questions that came up between the Petitioner, the Planning
Department and the Legal Department several months ago and this
Petitioner and it was decided this would be the most appropriate route to
take. There are some complications with seeking a use variance by the
very nature of the criteria with which the ZBA uses to judge whether or not
a use variance is appropriate.
Meakin: Because I think this is actually a pretty good use for this property. Thank
you.
McIntyre: Any other questions of Mr. Taormina? Ms. White?
White: Through the Chair to Mr. Taormina. Mark, the conditional zoning
agreement that’s in place, does it incorporate all five of these conditions in
our most recent letter from the Petitioner, do you know?
Taormina: This would be the actual agreement and it’s not something that the Law
Department has actually looked at or determined if it’s satisfactory at this
point in terms of the document, so it’s nothing that’s in place but it’s, I think
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it’s really what the Petitioner intends to offer to this Council as part of the
zoning process and if it’s agreed then the details of that document would
be finalized with the Law Department.
White: Thank you.
McIntyre: Any other questions? All right, I’d like to turn now to the Petitioner. If you
would please come to the podium and give us your name and address
and explain your request for the rezoning and what you would like to do
with your business.
Dabaja: Good evening, my name is Frank Dabaja and I’m the property owner at
15983 Middlebelt and my address is 8351 North Wayne Road, Westland.
Our proposal is to actually lease this property to a pharmacy and I have
the pharmacist here that will be able to answer your questions regarding
the operations of the business and so on and so forth. I’m not a
pharmacist so I really don’t know that part of the business. But if you have
any questions for me as the property owner, I’ll be more than happy to
answer that.
McIntyre: Seeing none, I think we’d like to hear from the pharmacist. Thank you.
Chehab: My name is Ali Chehab, my address is 5801 Calhoun, Dearborn, Michigan
48126. We would be leasing the property from Mr. Dabaja to run a retail
pharmacy or independent pharmacy, so whatever questions you have,
please put them forward.
McIntyre: Could you maybe just explain to us why this site is attractive to you and
why you were interested in seeking the rezoning?
Chehab: Well, the reason that this specific property kind of stuck out to us was one,
it was formerly a bank with a set up that is very similar to what a pharmacy
set up is. And then the fact that it has the drive-thru services, we really
feel that would make us more competitive with other retail pharmacies
such as your CVS, Walgreen’s and what not. However, we do plan to
offer additional services to kind of separate us from them and create a
more personalized service in the community. We would be offering you
know just your typical drugstore people coming in, dropping of
prescriptions, picking up prescriptions. Our over-the-counter would be
very limited to just you know cough and cold, allergy, stuff like that. Like in
the conditions we won’t be having like a full blown like CVS or anything
like that, so like no groceries or alcohol, just strictly pharmaceuticals and
then prescriptions over-the-counter. We do plan to have some durable
medical equipment so like canes, crutches, stuff like that that people might
need. We won’t really be doing any kind of compounding so we won’t be
considered a compounding pharmacy. And then we do plan to offer
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services, one that we really feel that would be a great advantage to the
community is we will be offering free delivery and we feel that really helps
with the elderly, especially in times when the weather here is bad. So, you
know there are ways that we try to separate ourselves from retail, try to
provide a more personalized service and you know try to give back to the
community.
McIntyre: Thank you.
Chehab: You’re welcome.
McIntyre: Any questions from Council? Mr. Meakin.
Meakin: Sir, how long is your lease for?
Chehab: Right now it’s five years with an additional two, yes.
Meakin: And are you affiliated with any medical practice?
Chehab: No, we are not.
Meakin: Totally independent then?
Chehab: Totally independent, yes.
Meakin: I just want to welcome you to Livonia and we wish you the best of luck.
Chehab: Thank you, I appreciate it.
Brosnan: Madam Chair. Through the Chair to the Petitioner, I know what we’re
talking about tonight now is just rezoning, but can you expand on any
changes that you plan to make to the building once you know should you
be successful in getting the rezoning?
Chehab: We weren’t really planning on making any significant changes to the
building itself, you know, maybe inside but we don’t plan on putting up any
additional walls or things like that. So we plan on taking out, you know
they have the cubicles in there, we’re going to try to take those out and put
shelving in, but nothing more significant than that. We plan on keeping
the drive-thru the way it is and just using that for drive-up services.
Brosnan: Now, is there any chance that you’ll also be servicing like nursing homes
and elderly care facilities?
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Chehab: That’s not in our immediate future but you know if down the road we are
able to get in touch with you know nursing homes, we’ll have no problem
servicing them. Right now we’re planning an open door retail pharmacy.
Brosnan: I mention that because we have an independent pharmacy in Livonia for
quite a while at Plymouth and Farmington, it’s a small independent
pharmacy, and that was a lot of work that they did. I don’t believe they’re
doing it anymore because a lot of our nursing homes have had trouble
making contact with the pharmacist and the people who are doing
deliveries for them. So, your delivery service may actually be an
appealing service to facilities in Livonia, may be something you want to
explore.
Chehab: Definitely, thank you for the advice.
McIntyre: Mr. Kritzman?
Kritzman: Thank you, Madam Chair. I just have a couple quick comments and I
know you already have an approving resolution on the floor and I wish you
well in that.
Chehab: Thank you.
Kritzman: I had a chance to stop by the property today and I think it’s a great
location for that and certainly from your standpoint Livonia is a great
community for something like this to be located in. Additionally, we have a
high concentration of senior housing in that area with varying degrees of
care, and building off of what Councilwoman Brosnan was saying,
perhaps there’s additional business opportunities for you there. I think it is
by no means any more intrusive the use than what was there before in the
banking situation, so I think it’s a good use for that property. But one of
the questions I would ask and perhaps this is to Mr. Taormina, does this
come back through for any sort of site plan approval, where does the
property sit as far as adhering to the previously approved site plans and
landscaping that is there? Obviously the photographs that you showed,
show very mature trees that are back there. The property has been
unused for several years, that’s one of my concerns, but as you look at the
site plan approvals that we’ve gone through in other areas, they kind of fall
off over time and not be strictly adhered to. We have a chance to enforce
that with our Inspection Department.
Taormina: Yes, as part of the occupancy process that that could be looked at. The
site is in relatively good condition in terms of the grounds. There’s nothing
that I’m aware of that would trigger a need for this to come back for a
formal review. It may have to go back to either the Zoning Board of
Appeals or if the Petitioner can work out a separation agreement amicably
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with the neighbor to the south, then there’s no need for any formal review
there. He’s already been in discussions with the neighbor to the west in
terms of maybe some supplemental plantings or even a fence to help
augment the trees that are already there. So the answer really is no,
there’s a good chance this won’t be coming back.
Kritzman: And that’s acceptable, I certainly understand, we’ll get into the conditions
of the property. I guess from our standpoint, welcome to the community.
Chehab: Thank you, I appreciate that.
Kritzman: I just kind of hope that things get spruced up a little bit along that route.
Chehab: And we feel the same way, obviously, we want a business that’s
presentable so we’re going to make sure to upgrade the landscaping, you
know, that’s required.
Kritzman: Great.
McIntyre: Any other questions? All right, thank you. The Public Hearing is now
open for comments and anyone who would like to, please come forward
and please state your name and address so we know who is addressing
us, please.
Caruana: Hello, I’m Patricia Caruana, and my husband is here also with me, Vincent
Caruana. We live at 29515 Puritan Street, right next to the bank and I
have pictures to show. I’m going to read to you tonight basically what I
want to say because I’ll forget half of it.
Our house is the first house on Puritan Street on the hill, right beside the
vacant bank on the corner of Middlebelt and Puritan Street. We live right
next door to the 15983 Middlebelt property. So, whatever happens to this
property has a potential to affect us and our quality of life. We’re against
the rezoning of the property at 15983 Middlebelt Road from Office
Services to Local Business rezoning to put in a pharmacy. There are
enough pharmacies, drugstores in the area and we do not need another
one. Specifically, Walgreen’s Drugstore is at Middlebelt and Six Mile. The
CVS Drugstore is at Five Mile and Middlebelt Road. There are many
more pharmacy drugstores in our general area and another for sure is not
needed, especially because this is on a business and residential property.
There are many strip malls on Middlebelt with empty buildings and plenty
of parking area. Perhaps, although not needed in this area, the pharmacy
drugstore would be better located in one of the vacant strip malls where
there’s a lot more parking. There is also not enough parking space to
support a pharmacy drugstore. This business is on a business and
residential area. So parking customers will be parking on the residential
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Puritan Street where there is no room. Before when the bank was there,
the Home Care Instead business, it was a little smaller, their parking was
full, but their building, they expanded it and the parking is a lot worse. And
the business customers should not be parking on residential streets. That
is for people that live in the houses, not for business customers.
The 15983 Middlebelt property is at the stoplight at Middlebelt and Puritan.
It is a busy area because the traffic light, bus stop right at 29515 Puritan
Street, at the corner, and a home care business at Middlebelt Road right
at the light, corner of Middlebelt and Puritan, right across from the old
bank proposed rezoning property.
The home care business does not have enough parking spaces, so
employees, customers, also park in the old bank parking lot as the
pictures show, and also they park on Puritan Street. And the pictures that
I have in the book they were taken over a period of five days. So parking
will be a big problem if the pharmacy drugstore is located on this property.
If the pharmacy drugstore is put in the property, it will be too congested
with cars adding already to a parking problem. It will also be dangerous to
school children as at this corner there’s a bus stop. A pharmacy drugstore
will cause a safety issue both for cars, vehicles and pedestrians. Besides
the residential car traffic, Puritan Street is a school bus route, also with city
vehicles, delivery trucks and business cars parked on Puritan Street
makes it harder to get to the street. It is also dangerous because of the
red light, too much traffic coming and going on both ways on Puritan
Street. It is hard to get through, especially when turning at the light, either
going onto Middlebelt Road from Puritan or going onto Puritan Street from
Middlebelt Road. Vehicles fly down Puritan Street, not only to make the
green light but also going into the business. That is good business for the
police giving tickets because they always sit there, so they’re happy about
it but it’s dangerous for the pedestrians. The parked cars on Puritan
Street for the home care business and the proposed pharmacy drugstores
do and will add an element of danger to the mix because they are in the
way of both traffic and pedestrians. There are a lot of people that walk,
jog and ride bikes on Puritan Street, mostly through the warmer weather
but people still go for walks even in this winter weather. And because
there are no sidewalks on Puritan Street, the traffic plus the business
traffic parked on Puritan Street is an added danger to pedestrians. There
is also a safety issue of a pharmacy drugstore going into residential area.
It will sell drugs, prescriptions, thus causing a potential for business to be
robbed because of Rx medications thus bringing into the area of possible
unsavory people. And before when the bank was there, that I personally
know of was robbed three times and we even had police coming to the
door to make sure we were okay.
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Also, we do not want a pharmacy drugstore in a residential area but if one
is put in there, there is not brick wall on the old bank lot line. One needs
to be put there to keep our property separated from the business, keeping
customers out of our yard and keeping us safe.
There is a greenbelt on the lot line and the pictures they showed us there
on the screen, those pictures were taken from far away, those pictures
there, that looks nice. You see the pictures I took up close, a picture says
a thousand words. And it isn’t solid, the greenbelt, there are empty
spaces and dying and decaying trees and shrubs that’s leaving the
greenbelt too sparse. The bank that was there before, they said they
would keep it up. Yeah, look at the pictures I took, that was never kept up.
What did they keep up? They kept up the debris like falling leaves and
people’s newspapers there, that’s it. And I had asked the bank for them to
put up a brick wall. The manager there said yes, they would. When they
went into higher level because they were leasing they said no.
People have gone from old bank property into our yard many times and
we have had to put up two no trespassing signs. Now, the business is
empty so if one goes in people will be trespassing into our yard, it is not
safe for us and we have lived here in our house since 1968 and we want
to feel safe in our home. A lot of businesses have brick walls separating
businesses from residential house, keeping the homes safe from the
business customers and that is what we want. We live right next door to
the proposed rezoning to a pharmacy drugstore and this affects our quality
of life and living and we want to feel safe in our home, both inside and
outside. The greenbelt now is very thin and sparse. With it not a solid
wall, empty areas are in the greenbelt, thus allowing people to easily come
in our yard and also show to business and all the activities going on there.
A brick wall would also keep the sound down from business from the cars
coming and going and also people talking a lot, especially in warmer
weather when windows are open and outside. The greenbelt also decays
and gets more sparse and a brick wall would solve the problem and
business having to fill it in and constantly replace and keep up the
greenbelt which the business before said they would and never did. The
greenbelt as is is unacceptable.
Also, teenagers have hid in our side of the driveway, those green trees are
not all up there like that now because there are telephone lines, they’ve
been trimmed a lot because they were in the way of the lines and they just
decayed but it’s not like that anymore. Teenagers have hid on our side
under the trees when the cops were there looking for it and I had to go out
and get after them and they were older kids and I was scared and we as
the residential person right next to a business should not have to feel that
way. We should be able to feel safe and secure and happy in our own
home.
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A brick wall is a much better permanent solution to keeping a business
and residential house separate and safe. Not only the residential
community but also the business customers and employees will benefit
from this keeping everyone safe and where they belong. A business
should always be a positive addition to a community, especially to the
residential neighbors. Also, before at the meeting that they had before
about this rezoning, when the owner at the previous meeting said he
would put up a brick wall, that he had no problem with that, his exact
words but he should state in writing exactly when this brick wall will be
put up and final day of completion and date and sign paper, otherwise he
can agree to put up a wall and ten years from now if no specific date is
stated, a brick wall still not be put up. Just like the bank that was there
before, what did they say they would keep it up for five years, the
greenbelt, they said whatever you people wanted to hear and they didn’t
keep it up.
Anyhow, I want to thank all of you for listening to all I have said about the
rezoning of the old bank property and what I have said tonight, I hope you
all take this into heart to think would you like to live right beside here, living
in your home all these years you wouldn’t want to have to pick up and
move just because a potential safety issue and too much congestion.
Thank you for listening to me.
McIntyre: Thank you.
Meakin: Madam Chair.
McIntyre: Mr. Meakin.
Meakin: Thank you. Ma’am, I just wanted to address a couple of your points there.
You mentioned about the Walgreen’s and the CVS?
Caruana: Yes.
Meakin: And if they were putting a Walgreen’s or a CVS at this location, I’d
absolutely agree with you, I have some issues with what this company is
trying to do is do an independent pharmacy, it’s not a retail store. So
they’re going to make their living on providing outstanding customer
service in the pharmacy industry. So they’re going to come for just those
particular items. There’s no groceries, there’s no you know beer, wine,
anything else. This is just a pharmacy where you have a doctor working
out of that location. So it’s not going to be the traffic that you’re thinking of
in the situation for a CVS or a Walgreen’s. He’s an independent looking to
provide outstanding customer service to the community. And with having
this business in that property there will be more traffic than the vacant
property because right now the vacant property is an attractive nuisance
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and you’re probably getting more mischief going on in your section there
because there’s nobody there to watch the other side of the property for
you. So I think this would benefit you having this business at that location
by just having a small business operating there, you’re going to have
nowhere near the customers going in to those – they have what, twenty
some parking spaces? If they use twenty spaces in a day all day long,
he’s going to be the best pharmacy in the whole world, hopefully he is, but
it’s going to take a long time to develop that. But this is a good business
for that location, it’s less use than the bank so I want to try and ease your
fear because I know your fear is about the safety of the community and I
believe this would be actually beneficial to your street there and to the rest
of your neighbors as well.
Caruana: It’s beneficial to a business, not a residential area, especially living right
beside there, you have drugs there, you have potential for it to be broken
into, they show that all the time on the news when the bank was there and
it was broken into, we had police coming in our yard to make sure that we
were okay. If this is such a wonderful idea, like you said before because
of the drive-thru and they have a bank vault there to put the narcotics in
there, and it’s a small time operation, guess what all these people that do
the robbing, especially of pharmacies and stuff, they figure this is a little
cow town with a pharmacy with not all the proper safety like a bigger
drugstore is, easier to rob. The bank that was in there before, when you’d
go up to the cashier, they didn’t have the bullet proof windows and they
thought that was one of the reasons they were robbed plus they were right
next to 96 the expressway, it was an easier escape for them. But you
would have my exact same concerns if you lived right next door. And
there’s a cop sitting there all the time, that eases my fears a little bit, but
still the cop is not there all the time.
Meakin: Well, I have faith in our Livonia Police Department, they’ll keep the
business safe, they’ll keep your home safe, and they do a pretty good job
keeping Livonia safe. We can’t stop robberies from happening but we do
the best we can to keep it – because they try to avoid Livonia, the Police
Department tells us that all the time, that they go to other communities
more often than they come here. So the Police Department does a very
good job and you mentioned one thing you were chasing people off and
I’d ask you not to do that, call the police and let them do it for you because
you don’t want to be engaging in people around your neighborhood there.
Caruana: Right, right.
Meakin: Call the police and let them chase them off for you.
Caruana: Okay.
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Meakin: We want to keep you safe, that’s what’s important.
Caruana: If a brick wall is put up that would be one less thing that I have to worry
about.
Meakin: Okay.
Caruana: Okay, thank you for hearing and listening to me and please take what I
said in consideration and thank you.
Meakin: Absolutely.
McIntyre: Thank you. Mr. Kritzman?
Kritzman: Thank you, Madam Chair. Ms. Caruana, on behalf of Council I’d like to
thank you for sharing your thoughts this evening and I would like to
reiterate something Mr. Meakin said. I’m an architect professionally, I had
the opportunity once to design an independent pharmacy and it’s very
much like Mr. Meakin was describing, very much like the Petitioner was
describing. Their concentration to sell durable medical equipment and
over-the-counter prescriptions, your cold and flu season sort of things,
their concentration is not going to be on groceries, greeting cards, quick in
and out sorts of things that you would see a lot of people using CVS,
Walgreen’s, Rite-Aid, those sorts of places for us, it’s great that you put
those provisions in there, I think that’s what makes this a far more
tolerable situation but the photographs that you brought this evening bring
an issue and it’s not so much about this property and the proposed
pharmacy, but Home Instead obviously is exceeding its capacity of their
approved parking lot and so we’ll come back to that in a second. But I
don’t believe this is any more intrusive a use than what the bank was and
so we need to recognize that you’re obviously correct in that people are
parking on Puritan but it’s not because of this business, it’s obviously not
because of this business because it’s not even open yet and those
photographs show another thing, that Home Instead’s customers and
employees are using this property, probably without permission, to park
there. So there’s clearly an issue that needs to be addressed but on that
Home Instead property. And we as Council cannot or should not prohibit
someone from utilizing the property that they own in order to alleviate the
issue caused by someone else. So I think the role of Council here this
evening is to take a look at the petition that’s before us and address those
things. So I guess I’ll direct the question quick to Mr. Taormina, I recall
when Home Instead expanded their operation, I know they expanded quite
a bit of the parking lot, it very well may be the case that they’re exceeding.
I don’t recall how their parking was derived. For those of you in the
audience, everybody’s business has a parking count that is derived based
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on the use of the space and how many square feet they have or how
many people they’re expecting.
Mark, do you recall how we set the parking requirement on that?
Taormina: I’d have to go back and take a look at that, Mr. Kritzman, and I don’t know
if the problems that are reflected in the photographs are a daily
occurrence or if that’s only an issue on occasion. I do recall there being a
discussion that she would entertain, there would be certain times when
she was entertaining certain training programs and people would be
coming at different times.
Kritzman: Coming at different times, with different scenarios?
Taormina: And that for sure was going to fill the lot, that’s why she needed some
parking spaces for what’s ultimately a small business of hers, but I don’t
know, I’d have to look into that. But I remember the discussion.
Kritzman: It would be worth spending some time on that. Finally, the question of
the greenbelt versus the wall, this kind of goes back to the question that I
initially stated to you, is what chance do we have of enforcing the site plan
and you shared with us the requirements of either a wall versus the
greenbelt. The greenbelt is there and obviously is very mature, I mean
those things are in place for longer periods of time, their coverage is not
exactly what we’re looking for on a greenbelt standpoint. I for one have
always been a proponent of making our greenbelts even a little more,
increasing the amount of materials needed on those greenbelts. What
course of action do we have to try and either replace the greenbelt with
newer materials that may have better coverage over time or enforcing a
brick wall issue?
Taormina: Well, we would have to evaluate this and determine whether or not the
effectiveness of the greenbelt as it was designed has somehow been
compromised or diminished. If that was the case, we could then bring this
back for consideration for additional plantings. The Petitioner, I think, has
discussed and maybe this is a question that we can go back to him on, the
possibility of installing some type of a fence along that property line, a
more effective screening. Because right now there’s a cyclone fence. I
would caution against a brick wall, that would probably require the removal
of several of those larger evergreen trees, so what might be a more
effective solution would be some type of vinyl fence or other types of
screening fence that could go along that property line. And it may not
have to go along the entire property line, maybe just a section there.
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Kritzman: I’d have to go back and verify what our greenbelt requirements are.
Typically there’s a description of how many shrubs or trees there are to be
per linear footage.
Taormina: This is it, this is what was approved, this plan.
Kritzman: And I think that’s exactly why we should be looking at requiring more
plantings.
Taormina: And that could be done, too, I mean a condition of something that maybe
the Petitioner can take into consideration and bring back as part of the
agreement. We can’t enforce that as far as the conditional agreement
aspect of it, but he’s already indicated that he will install appropriate
screening along the west property.
Kritzman: Thank you.
McIntyre: Ms. Brosnan.
Brosnan: Madam Chair, I just wanted it clear, I think this question was asked
already but I want to make sure we’re clear about it, the Petitioner in that
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letter dated November 20 provided five additional conditions that they’re
willing to agree to that are not part of the original approving resolution that
was reviewed by the Planning Commission. So, are we prepared to add
these as conditions?
Taormina: These here, yes, these can be combined into an approving resolution at
the time the ordinance is adopted.
Brosnan: So, I think it was Mr. Meakin who offered the approving resolution tonight,
it was your intent then to include those items, right. So then within those
items, Item Number 4, it says the Petitioner will install appropriate
screening along the west property line. So in my estimation the only word
there that provides us with any amount of wiggle room is the word
“appropriate screening”, and as Councilman Kritzman has indicated what
may have been appropriate back in 2005 when the greenbelt was
originally constructed, may now be overgrown and no longer the most
appropriate way of screening. So I think what we’re hearing, what you’re
hearing from me anyway and I think you heard it from Councilman
Kritzman as well, is that we’d like to know what is going to be considered
or how can we make this more appropriate screening for this, given the
fact that it does abut residential and so rarely do we have a commercial
use abutting residential in our community. We work hard to make that not
happen. In this case, we all agree that it’s a less intense commercial use,
it’s probably one of the best uses of that property right now, but I think we
need to do something to make it work for the person that lives behind it.
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So do you think there is any possibility, Mr. Taormina, between now and
the voting meeting, that you would have a chance to work with the
Petitioner on exactly what that additional green element or vinyl fence may
look like and where it would be positioned?
Taormina: Yes, I think what we can do is ask the Petitioner, I’ll work with him on
being more specific in terms of Item Number 4, how that would be
accomplished and provide that prior to the voting meeting.
Brosnan: Because I think short of asking the Petitioner to come back before the
Council for approval on some sort of a greenbelt upgrade, you know this is
going to be the only shot we get and I think we can avoid having you come
back again, I think that will speed things along for you. Thanks.
McIntyre: Thank you. All right. Seeing that we have no more public comments on
this, we will close the public comments on this and we have an approving
resolution offered by Mr. Meakin with some additional work to be done
between the Planning Department and the Petitioner on the definition of
the screening. And just to remind the Petitioner, this will be on the
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Agenda for the Wednesday, January 20 meeting and you will need to,
you or a representative, ideally both of you will come back for that
meeting, please, you’re required, one of you or a representative to be
there.
Chehab: Thank you.
Dabaja: Thank you.
As there were no further questions or comments, the Public Hearing was declared
closed at 7:43 p.m.
SUSAN M. NASH, CITY CLERK