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HomeMy WebLinkAboutPLANNING MINUTES 2001-02-2718333 MINUTES OF THE 820" PUBLIC HEARINGS AND REGLL AF FIELD BY THE CFTY PLANNING COMMISSION OF THE CFTY OF LFVONIA On Tuesday, February 27, 2001, the City Planning Commission of the City of Livonia held it 820" Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Cent Drive, Livonia, Michigan. Mr. James McCann, Chairman, called the meeting to order at 7:30 pm - Members present James C MCCann Dan Piercecchi H. G. Shave Robert Alanskas William LaPine Flame Koons Members absent: Now Messrs. Mark Taomtima, Planning Director, Al Nowak, Planner IV, Bill Poppenger, Planner I and Robby Williams were also present Climmav McCann informed the audience that if a petition on tomiglUts agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in tum, will hold its own public hearing, make the final detannum on as to whether a petition is approved or denied The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final detemtimation as to whether a plat is accepted or rejected If a petition requesting a waiver of we 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 haw reviewed each of these petitions upon then filing. The staff has furnished the Com®ssion with both appmv ng and denying resolutions, which the Comouission may, or may not, use depending on the outcome of the proceedings tonight ITEM #1 PETITION 2001-01-08-07 City orLivorda (Commmuy Center) Mr. Piemecchi, Secretary, announced the first item on the agenda is Petition 2001-01-08-07 by City of Livonia requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a new Community recreation facility on property located at 15100 Hubbard Road in the N.E. 1/4 of Section 22. Mr. Ta anemic This petition seeks approval for the new community recreation center located on aponon of the former Bentley High School site. This isatthesoutheast come of Five Mile and Hubbard Roads. The overhead illustrates the location of the property and the Mine of those portions of the building that still remain. This evening we have the project architect, Ken Neumann of 18334 Neumann. Smith Architects as well as the landscape architect Randy Metz from Grissim Metz Landscape. Ill just give you an overview offhe site. The property, as I indicated, is at the comer of Hubbard and Five Mile Roads. It contains roughly 625 feet of frontage m Five Mile and 1,196 feet of f7m age along Hubbard Road. The area immediately to the west across Hubbard Road area is zoned R 7, Multiple Family Residential, which includes PoeKimberly North Condominiums. Them are some single family homes immediately to the north as well as Suburban Eye Care which parcel is zoned office at the southwest comer of Five Mile and Hubbard Roads. To the north across Five Mile Road includes a mix ofbotim commercial and office uses as well as single fanuly residential within the Supervisors Plat No. 10 Subdivision - Immediately to the south across Jamison is a land area developed within the Yagoda Subdivision which is zoned R-1. To the east is the balance of the former Bentley High School property which is approximately 17.3 acres remains zoned PL, Public Lands. this portion of the site includes the football field and a naming track as well as the grandstands, other areas of open space and the baseball diamond which is in the southeast comer of the site. The petition this evening seeks to construct a new recreational cater, Brat would he roughly 135,000 square feet in area All of the parking would be provided at the south end of time site. Some of time landscaping elements, which we will get mom in more detail later, would include benning and landscaping along Jamison Avenue to help screen this area from the residential to the south. The driveway that presently exists off Jamison would be elirmarded. Both access points to the new parking area south of the building would come off of Hubbard Road Portions of the budding would remain in use during conshnction of the new recreation cater. Thank you Mr. McCann: Is the petitioner hem Pois evernW. Kermetin Neumann. Neumann Smith & Associates, 400 Galleria Offmceme, Suite 555, Southfield, Micbigm 48034. I am here tonight with our landscape architect, Randy Metz Ithought it was important since this is really the first public showing of this building for Bre public as well as far yourselves. We might Just very briefly, touch m what this building is all about before we show how it is placed m Poe land. This is a building of about 135,000 sq. ft The bully of which sits m a first floor, which has been divided mom zones which we have Remmized or shown by coloring tihem. It shows Brat there is a wing of the budding that includes gymnasiums and a gymnastic component which sit around a large fitness zone and projects out from the Goat of the building. The top of this drawing would be facing Five Mile Road and off m Poe left side is Hubbard, for your orientation. The bottom portion of this drawing, which is largely colored, in blue, shows a large aquatic cater, probably one of the most exotic of its kind in the state. It will include both a swimming area to be used for competition swarming and also a leisure aquatic zone which has various kinds of swarming components including a large spiral ranmp and a tube that will take you down into a plunge component, channels that have current, areas for water aerobics, a large mea for kids to play in and avery, shallowarm with all kinds of toys in them Between that, the aquatic component and the larger section of the gymnasium that you see above, is the 18335 component that includes all of the locker rooms, both men's and women's and a family locker roony party rooms that could be used for birthday parties and the likes for the comnunity, both off of the pool or off of the dry component of the budding. There will be an indoor play area with kind of a soft sculpture that would sit within that concession component with a minimal food service and seating and of course, all of the back of house things that make this work which include large mechanical component fur the swn mmg pool. The thud corrrponent on the first floor includes adinumstration offices both for the Parks and Recreation Department and for this building and a seniors' lounge. A corriponent that includes a child rare area, the kind of place where a parent can bring a child for a short period while, let's say, having a game of basketball, then can retrieve the child later. And again, back of house facilities, as well, all connected together with a very large lobby reception area that would accoin aodate all kinds of uses. Ibe second floor of the building is smaller. One accesses the second floor by a stain and elevator directly off the heart of the lobby space and will arrive to a second level, which looks down into this large atrium space. You can see colored in orange both an access to aerobics and a multi-purpose room and also spectator seating to the competition swirmning pool, mechanical equipment, toilets and access to a waWjog track, throe lanes wide, approxnnately 12 laps to the mile. These are the components that would, I think make for a pretty energetic building and it is our task to then show you how we place this in the City. For starters, the first component that is important, is one of the largest ingredients of this budding, is the aquatic center and ane of the most important things is to have sun in those ewnonmems and so Poe aquatic component which is a very large chunk will face towards the south and west so it will have sun for the majority of the day and that started the orientation fortbis building. Thebuilding was also placed so that it could be close to Five Mile Road and contrarily farthest from the residential property to Poe south so this building would be identified as an in¢artant civic building like your other civic budding, which are relatively close to Five Mile Road Ibis is sort of like a partner to the other buildings, which are down the street It has been placed relatively close to Five Mile. Its comer being controlled by an easement for a sanitary sewer that is existing, a 36" sewer that we catamly do not want to have moved One of the other things that was important about this whole location of the budding was that the logic of budding it here was such that if we could first take down the classroom wing, as a first phase of the existing component of Bentley High School that still remains. We can leave all of Poe oPoer athletic facilities within the budding in service while Pols building is being built So you can see that the new building is being placed in such a way where the existing budding can remain. Activities can go on in the building and at the same tune it allows the people in the existing budding to watch the progress and get excited about the building as it is being developed and at the same tune the existing budding acts as a buffer to the residential properties to the south and to the southwest, both visually in tams of sound and all the rest of that during the construction phase of this building and then when the building is complete the second phase of the demolition will occur and the remainder of the Bentley High School will be removed. The existing parking lot for Poe Bentley High School sits relatively closely to 18336 Jamison. The idea was to try and place the parking as close to the building as possible so the budding had its' parking moved northerly and approximately 401 cats are provided for the building. That number being determined in conjunction with out consultant, Barker, Rinker and Seacat out of Deaver, Colorado, who have done approximately 100 of these facilities and also with Sports Management ('soup who worked on two hundred buildings like this. We believe that them is appropriate parking for all of the things that might go on in this budding I aught say that clearly it is impresunud that every component of the building will be used 100% all exactly at the same time. This has been based on vast experience. We believe that there is appropriate parking The parking is accessed through Hubbard Road by amain drive to tumor around to the front of the budding. I am going to let Randy talk more about the landscape features as I complete this portion. Thereis a service component, which is m the easterly side of the budding and in the internal ccmmponeris of the budding touch of the service, in any case, is m that side of the building All of the back of house things are in this comer. There is one other drive, which is shown off ofHubbard Road, which is an additional service drive and it is now in question, that drive may or may not be there. If it is determmed that there will be wet cheamicads to revitalize the water in the pool stnuclures, then most likely because of the weight of those chemicals, that drive will be included. It is aur thought now that this will be done with dry chmucals which come in Little capsules and can be moved around through ugh the middle of the budding and more than likely this service drive may be eliminated altogether so there will be one service location which is large enough for a large truck to back into place and there is an enclosed area for dumpsters adjarentto the building. AlJofPoeserviceislocatedinthume area The building is surrounded by a whole series of outdoor athletic components and I ant going to ask Mr. Metz to show you those elements and then I ant going to come back and show you more about the budding as character. Randy Metz, Caissim, Metz Associates, 37801 W. Twelve Mile Road, Farmington Hills, Michigan 48331. We are the landscape architects working with Ken's office on this project Over the past few weeks we have been working very hard widi Ken's office to develop what we feel is a very exciting site plan to help conmphauit the exciting building design for this budding project Wehavea unique opportunity here in the fact that we have a very large budding but we also have a verylarge site, a 17 -acre site. It is a budding within a park, very untypical and we feel a very great opportunity and one that we have been able to capitalize m in the development of this site plan. Over 50% of this 17 acres is still devoted to green space. Within a dense suburban landscape such as this, this is a real great accomplishment and opportunity. We feel that the project will be a focal point for Livonia and that is whatwe want to try to achieve for the site as well. It is a neighborhood gathering place. It is an active people place and that is what we want to emphasize here. What we have created here is a visually sculptured fun commonly park and what we feel will be very unique to the commonly of Livonia Fssentially, one of aur goads was to blur the lines between the architecture and the site design We want to integrate the two together so that is seems as one. We dont want the 18337 building to look like one element and the site a component design as a separate component to the overall project We want the two to actually blend together and become one. The landfemms that we have been able to create utilizing the soils, which will be excavated hem the pool areas and the foundation and the excavations firm the parking lot, we are going in tIDlize on site and balance the site butwe are going to use this soil to articulate the site. Essentially, what we will be able to do is sculpt the site in such a way that we will have areas for storm water detemon, berating for screaming of residential areas, articulation of elements on the site to create features on the site, which I will go over in a second ILere are many outdoor sport activities, wbich we have incorporated on the site as well which will illustrate as well. This is very hmctional, simple and easy site to me. Some of the components of the site are for one, this is Hubbard, this is Five Mile here. Here is the building as it sits within the site. This is the park area, which I spoke of along Jamison Avenue to the south there is a green component here, which acts as a buffer to the residential on this edge of the immnunity. Weproposetobuild abemmwiflim this area and also provide landscaping to help buffer the development from these residential areas here. Entrance to the parking lot is off of Hubbard Drive. This is the phase parking. The parking has 400 cars. It is capable of expanding for another 111 cars within this zone, wbich still is inside the bemm screen that we have created along that edge. We also are proposing street trees along Hubbard and Five Mile, which will help integrate the park into the community in a very traditional way. We also are providing a landscape hedge along Hubbard, which will screen the view of the parking from Hubbard as well. Service essentially comes in the southern drive and accesses this component of the building here. It is screened The dumpsters are screened, architecturally. This actually becomes a feature of the site as opposed to a liability. As Ken mentioned, this is also service enhance firm Hubbard Drive which is essentially fin pool chemicals which may or may not ocran, depending on how the building actually develops. Hus is the drop off area for the main enhance, separated firm the parking. The parking is oriented in the direction in which people would nominally walk so you are not crossing parking bays. You are walling parallel to the isles. Barrier Gee parking is incorporated close. There is a plaza space outside this drop off area that will incorporate seating areas for pedestrians. We have also incorporated an inline skabnWjjoggmg path, which will be integrated into the site. It is about a half mile in length As Ken had mentioned, this is the aquatic portion of the building and this is the sun terrace adjacent in that element We also incorporated, by utilizing some of the earth, an ampbitheater space on this end of the building by contacting the ground in that way. There is a cooling tower element that is proposed for here, which will be completely screened with an architects] element here. The walkways connect up to the community walkways that are adjacent to the site and also connect up to the parking lot on the eastern edge of the site. We have a m aider of other activities. We have seniors terrace here and we have a day care terrace in this location of this budding. As sport comprnents, we have sand volleyball courts. We have a roller hockey ink. We have an inline skating surface here, 18338 which is an alternate and a storage facility here for equipment We have four youth soccer fields incorporated as well. Hunk you Mr. Neumann: There are a couple of things that I rmght mention about the site. One of the things we were cogn¢ant of was the fact that there were some nice existing trees on the site and those trees, which are healthy and big and important to keep, the intention is to do so and they have been integrated into the design Those you can see having hem itemized on this drawing by the yellow color. One of the things that Randy has not shown is this happens to bejust a series of photographs from other projects but I think these projects start to give you some of the spirit of the landscape. One of the things we noticed about Livonia is that there are no mountains hem. It is relatively flat and I think the contouring of the site and the use of color can be a really exciting way to make this place special and give some special unique character w the site. We believe that not only will these elements be nice in themselves, they will soften the budding which is a very large budding. Imighttellyouthatwe arestill m process. This is still a wwk that is incomplete. One oftae things we are trying to do at the moment is finalize some of the details of the budget What I am going to show is what we think is very close to what this budding may be like. We are not yet there on the details. But this happens to be a picture as if you looking from the comer of Hubbard Road and Five Mile. The pavement you see in the front is Five Mile. We havejust passed the comer of Hubbard so we would be looking towards the southeast The front side of the building you can see in this brown color is the bilk of this budding VwuaUyeverything that is notmade of glass is made ofmasomy. We see this bolding built in a number of colors ofbrick, as can be seen in these pictures. The fitness component as we have shown, which is a feature thatkind ofjnts mit on Five Mile side, becomes a promment feature. You will be able to see thejoggers as they ran by on the second floor as they pass through this cirailar space. You will be able to get light nom the gymnasiums and the slot of the windows that one sees, is actually a window that allows joggers, as they run around on the track, not only to be energized by looking into the facility, because literally they can look into all of the other spaces as theyjog through the building. They will be ablew look "towards Five Mile and see this element, which we also believe can be a featue that will become active atnight because it will in fact glow. Ibe red element you see is a screen wall around the mechanical. You can see other screened materials on the roof. It is am notion that every piece of mechanical equipment on this bolding will be screened. Ibere will be nothing seen anywhere of a mechanical device on the bolding This is the sidewall of the gymnasium area and the sidewall of the aquatic components. One of the things this drawing also shows is that, like the fnut of the building which has a cylinder from of glass, there is a s rmhu element that sits adjacent to and part of the aquatic center and you can see a bit of that peeking over the top of the building as one approaches this prominent comer of the site. Ibese are all a bunch of nice people in Livonia who are enjoying this facility and we think this Fbuth ing will activate lots of exciting tamgs in this town One ofthe things that was felt very important to the design was the fact that the aquatic center is an exciting component It does face towards the sum. The front side 18339 of the aquatics component is basically conceived of being mostly glass. When we become sophisticated enough to have designed the interior, you will recognize that you will be able to look in this glass and see the spiral ramp and tubing that takes peoples down into the plunge pool. You will see all of the exciting toys and all the rest in that componemt Over the ramp structure that takes you to the big spiral tube which I might say it about twice as long as the longest of this kind of thing anywhere in the MetropolRav area, sits this element which will become an important vertical tower like form that lets people who are getting onto the top of the tube, look out over Livonia as they go on their way down It sbows the entrance of the building and the entrance drop off from the parking. And lastly, beyond the regular masonry you see in the brown color, it was our feeling that to kind of give the idea of the aquatics components, that we might take those sections near the aquatic center on the south side of the building and use glazed brick in a number of blues and blue greens to give a kind of shimmer that would kind of represent the idea of the fim of the water inside. These are pictorials of the building. The building will be predominately 32 feet high. It is very much hike the height of the existing high school that sits there with the exception of the tower element, which is 60 feet for the one particular component The rest of the budding is basically the same kind of height and the same kind of demeanor and more exciting than Bentley High School. We are glad to answer any questions. We would respectively wish that you would see that this is good for the City and hopefully you will endorse this project Mr. McCann: Thank you. Are there any questions him the Commissioners? Mr. Sbar e: Is it possible b eliminate the hwb dmanpsters on the site in favor of bash compaction or some other firma? Mr. Neumann: As I indicated, yes it would be possible to do. As I also said, we are still in the process of trying to balance the budget Weare not quite there yet and whether we will be able to afford to have the compactor, right now we are not sure we can do that Therefore, we are still showing the dumpsters. I might say that they are in an enclosure all the way around and has been made big enough so different kinds of nab can be subdivided by species which is the right thing to do these days and it is also enclosed with gates in the from so we think it can be done in an artful way. Mr. Shave: The only reason I mention that is because this is such a nice budding as A appears. Trash dmnpsters seem to be a little bit down -grading from that and sometimes trash starts blowing away if nobody closes the door and that sort ofthing If we could eliminate that. A certainly, would be helpful. Mr. Nenmamh: If we can afford to do an, we will All by to do that Mr. Shane: Withregard lathe heightofthebemato the south, youmentioned the south parking lot, and the nature of materials along there. Have you gone to the point where you know the height of it and some ideas ofmzterials that will be hued? 18340 Mr. Neumann: We do have a notion of that Mr. Metz: Wecmn serNallyaccommodateahnoAmyheight Wewereintendivgthat it would be around four feet, which would obscure the view of vehicles parked in the lot In combination with Poe evergreentrees, which will eventually flourish and grow can that space, will pretty much provide a screen for that Mr. Shane: Thankyou. Mr. Neumann: Just to add to that, one of the things that think is important to say, is that by budding this building closer to Five Mile, we are now the closest comer of the budding would be more than 1-1/2 times the distance both Jamison than the closest part of the high school as it presently stands. So I think that is a positive contribution as well. Mrs. Koons: The lobby arra youjust said that would be an active area Is it waiting chairs or is it tables and chairs or a place for small meetings? Mr. Neumann: The notion ofthis budding was tivatthis is not only for athletics, Us is not just a recreation center, A is a community cater. So the building wanted to have a heart The idea of this room was this one big room that from the cater of A you will be able to see into virtually everything. You can stand here and look into the fitness center. You can seejoggers at the second floor. You can look into the gymnasium You can look into gymnastics. You can look into the aquatic components. You can see up to the people who will be up on the balcony below. There is a climbing wall, which will be a major component of this building, which I thunk is a real attraction. There will be some seating, which will be for tables and chairs. There will be other seating, not yet shown which will be informal, wbatI would call casual lounge type seating but much of the area will be left open and left of all kinds of public goings on in there. To give you some sense, the width of this room is 50 feet wide. This is a vast morn and when we originally had shown this drawing you could pert a lot of the typical houses ofvirtually anywhere in Metropolitan Detroit, you could sit a house right in here and there would sfill be room all the wav around this. Part of that will be paved with hard surfacm Part will be carpeted so A will have a kind of friendly look. I might say because we are still in the design phase, we don't even have all the details yet That will develop as we develop these drawing father. Mrs. Koons: The outdoor activities which are close to Jamisoq will they be fit all night? Mr. Neumann: To be honest, I don't have the answer to that I think we are sensitive to the notion that this is a budding that needs to fit into the cormwndy. Therewill be enough lighting in the parking thatwill be safe. To the best of my knowledge these are not nighttime activities. These are daytime activities so I dun't11unk Poere will be any concern for nuisance in the evening time. 18341 Mrs. Koons: ILank you Mr. Almmkas: I think this question would go to Mr. Reinke, our Parks & Rec Director, because I kmw you are m expertof sw®ming and water. If, for example, it holds 400 seats, if that were firll A me time, is that a possibility for a meet? Mr. Reinke: That is a possibility, but from my experience, that would probably be 200 ca; with famlies running to watch children sw®. Mr. Almmkas: O.K. If 200 cars waved to leave when they got done, would that be a problem with egress for all of those cars to leave at the scone lime? Mr. Reinke: My experience with age group swarming is that people are coming and going thro ghoutthe day. Ibey may come m early m the morning and they may And leaving as their children are finished during the day. I anal foresee that they are all going to come and goat the scone time. Mr. Almmkas: Would you put up that board showing the entrance on Hubbard and the parking lot so we can see how this would work in my mind so I could get a clear view. Mr. Mc Cam: Also, lad week there was a shared parking agreemert with the high school as well. Incl that cared Mr. Reinke? Mr. Reinke: That is correct. We also have additional parking up here on the fonmrhigln school property, immediatrdy north of the football field We've got the parking here and we have the 400 car parking lot down here. Mr. Almmkas: From the parking lot to the seating area, how far do they have to walk to get to the buildag? Mr. Nemmam: Approximately 400 feet would be the maximum distance outside Mr. Almmkas: So when they would exit they would go out the fist top entrance? Mr. Neimam: They could come out either. With two entrances we believe it is an appropriate ability to ingress and egress the site. Mr. Almmkas: Are wepossibly goivgtohavea lightthere orwonlitbenecessay? Mr. Neimam: I do cot believe it will be necessary. Mr. Almmkas: Ail right Thank you Mr. Neimam: One of the things that is being planned, not as directly a pat of this project but related to it, it will be some modifications to Five Mile Road though in tams of some additional left lum and right tern lanes that will ease traffic onto Hubbard at that light 18342 Mr. Alanskas: I know Mr. Reinke had a large input on this budding and it looks really nice. Thavkyou Ron. Regandhrgthe Cldld Care Center, howmzny canwe take careofatimeandwhowoddbeworkingthere? Woulditbeemployeesof the Cit? Mr. Neumann: There will be employees of the City and the number of children would be 20 to 25. I might say that is secure. Them is a very secure method of getting kids in and mut of it and the outdoor play zone is completely surrounded so that has a security aspect as well. Mr. Alanskas: After all of the approvals, wbat are we looking time wise to build this facility, totally, completely done? Mr. Neumann: The building project is appmximahly 18 months to build this building. It is the intention of the Mayor that we move this project along promptly so this thing becomes useful m the City of Livonia Mr. Alanskas: Ib we have roughly what percentage of people that do not live in the City will be using this facdit}? Mr. Reinke: No. We can't even guesstimate on that. Mr. Alanskas: Ib you think it will be pretty large? Mr. Reinke: I don'ttedieve so. It is a public facility. We will be selling memberships. There will be substantial mount more for a nomresided to purchase an annual pass. Mr. Alanskas: I was going to ask you that, just like mor golfing for non -retirees. Mr. Reinke: Absolutely. Mr. Alanskes: Thank you very much. Mr. LaPme: You said the main foyer originally was suppose to be 52 feet wide and now it is down to 50 been Is that right? Mr. Neumann: Yes. Mr. LaPine: I've gotnopmblemwiththat Ijustwanted to nmthrmugh the parking. I have no problem with the south problem because they come in there and park but say somebody wants to use the south entrance into this and they want to drop then kids off. Can youjust urn through how they get in there? It looks like A is a circular drive. Is that correct? Mr. Ne raamu: Yes. Someone would come down and tum in here. They can drop someone off here. The minute they get ort of their car they are under cover and then directly into the building and then into building control. Then the person can leave and then they can come to and get into this parking lot 18343 Mr. LaPme: Lets assure they are only dropping then children off or picking Poem up.I guess I have a problem with the circulation of the driving patem.I understand that probably this can't happen, but to me it would make more sense if they dropped them off and then came down to the west and came back down to the far end So straight down then out the other driveway. I understood that would interfere with you future equipment storage building there. Mr. Neumann: One of the reasons, and let me explain, you may very well be right That may be a very good way to deal with this. One of the requirements of this whole design was to try to deal with a site which, although it is an imaginary line, this portion of the site is the Cay of Livonia portion and the other portion still is controlled by the school system and one of the requirements was to try to. They would have no problem with putting the youth soccer fields within then property but they wanted to be certain that these other facilities to be on the property that is controlled by the City. In an earlier design they were all along the south to Jamison and the Poougbt was it would be appropriate to make more isolation from the residences so we pushed it up and that is how they got there. Mr. LaPme: The width of the road coming in off of Hubbard Road is how wide, 60 fiat or 50feet? Do youlmow? Mr. Neumann: I would guess it is about a 35 foot road, not a 60 foot road. Mr. LaPine: By the time you have people hurting around and going out, dim you've got people co®ng an I think there could be a problem there with the traffic flow, in my opinion. Do we still have the retention basis or pool tlm reflection there? Mr. Neumann: The retention ponds have been retained on the two front sides of the building, or the south sides of the building Thewrolthatusedtobeinthenorthhas been eliminated due to cost Mr. LaPine: That hurts me. Mr. Neurnam: It hurts me too. Mr. LaPine: So that is elmuinated? Mr. Neumann: Yes sir. Mr. LaPine; But you are still going to have the bemued up area there? Mr. Neumann: Yes sir. One of the m rovenams of this design was that originally, the waUcmgjjoggmg inline path that we had around here, actually crossed over both the entrance component and also the service drive and was a loop, like so, and when we removed the pond, we were able to get enough land area 18344 back to make this loop like so, so you didn't have any those conflicts. That is probably an improvement but yes, we did lose the pond Mr. LaPme: The two swimming pools, isn't there a new process nowadays where the chemicals are kept in tame; and they are automatically, by computer, pert into the pools as they are needed which eliminate all the staff you would have to have delivered? Mr. Neumann: There are a ermaus tanks that will be one level below the main pool level that supplies this pool with clean water but it still needs an agent to charge the water, if you will. It could be chlorine or bromine. There is a whole group of kinds of systems to develop yet to be designed, Imight say. All of then rely on some kind of a chemical agent to be brought in. Mr. LaPme: Do they have to be put in manually or are they done au mumcallyl I know there is a new system where they are pert in automatically. Mr. Neuman: I can tell you that the plumbing for this pool is so complex that we have hived a company called Water Technology, Inc, out ofBeava Dam, Wisconsin, who are probably the nations expert on this and they are going to figure it out and I don'tknow. Mr. LaPme: Ibank 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 who wishes to speak for or against this petition? Mchelle Chisholm, 14248 Ramblewood In all of your wondefiil plans tonight I didn't hear mention about handicap codes. I wanted to know if you had any consultants that contributed to the plan regarding the special needs population of this coma mtyl M. Ne mem: This building is 100% handicapped accessible everywhere in the building. M. McCann: OK. Including the pool area? M. Neumann: Including the pool arra including all of the pool overlook at the spectators area, including all the public facilities and including every batimum withm the facility, every room in the bidding. Ms. Chisholm: Are the code plans available in print to the public? M. McCann: Ideal think the plans are quite finalized yet We are pretty close. Ms. Chisholm: Will d�y be? 18345 Mr.McCann: They will be once they get the final plans through the Council. Then I am not sure ifthe City will charge for each set ofplans w go out Mr. Reinke, ran you field that question? Mr. Reinke: Depending upon the amount of detail that is needed, if it werejust a simple plan, just a single sheet, we would probably give it away for fire. If it is the entire set of sealed plan, we would have to charge for that Ms. C bishohn: I am assuming that the Parks and Rec. Department will handle all the scheduling of the facilities? Mr. Reinke: The Parks & Recreation Department is going to take over and be responsible for the management and operation of the facility. I have already had the pleasure of talking to Mrs. Chishohn today on the phone and part of our intent is to, and what Mrs. Clishohn is getting to, is that there be a therapeutic recreation program for individuals for disabilities and it is our invent and we are working emently with Wayne Canty on doing a regional program but we are also planning on having additional TR programs at this facility. Nis. Cluishohn: Ibank you. Richard Knight, 15055 Hubbard, Kimberly North Com mourams. The exiting of the cars and the lights shining into windows ofKnnberly North, exactly where does the building sit relative to Kimberly North Ijustwurtoknowwherethe driveways aregoing to be located There is somewhat of a problem there now as far as the cars exiting the parking lot shining right into the condominiums. I dual know if we can put a berm on the opposite side, on our side, or a hedgerow or something There are lights shining in there quite often especially in the wintertime and the sun goes down early. I also had a question on this outside track Can people use it all night along and what kind of security are you going to have? Can they pull thew cars marry time at night and come over and use that? Right now people are turning thew headlights on and they leave them on. I dual know if they are wamrmg up theircarorwhatbuttheyturnthemmmdtheylmvethemou IdmIlmow exactly how the cars are going to sit as far which direction they are going to sit but right now they do slime right into the condominiums. Mr.McCann: They will be bermed when they are in the parkinglot It will only be for the enhance and exits. Mr. Neu warm, can you identify the distance. Can you identify where the new sheets are going to exit? Are they going to be at the same location? Mr. Neum man We do not have the exact alignment either but I right say that the gentleman has raised a point that we had not fiankly thought about but this is a preliminary and we can work to work to try to align the drives since it is right now on a piece of paper, to be aligned with drives across the way rather than into someone's living quarters. We would be glad to try to work to do that Mr. McCann: Mr. Reinke, other than high school hacks, will there be any other limitation? 18346 Mr. Reinke: This is being treated as a City park site. It will fall under the haus of the ordinance of park sites, which are generally 7:00 am to 10:00 p.m This site, it is our anticipation that we are going to have people in this building, not necessarily using it but maintaining it 24 haus a day. There are m promises that we can make that people won't be out there using it but our experience at the other site where we do have this and where we are putting these in is that they generally stop being used atter dark People don't go out there and do this atter dark. Mr. Knight Tbankyou. Mr. Piekcerchi: Ron, you mentioned earlier about memberslip. Does everybody have to be a member in order to use this facility, internally and externally? Mr. Reinke: No. There will be daily pass fees that will be available. There will be a charge to use this facility wbether you walk in on a daily basis or whether you buy a yearly pass. It will cost to use this facility. Itis a very highly specialized facility so there will be a fee assessed with the use of the interim facilities here. Mr. Piercerchi: That goes fm the basketball, the volleyball? Mr. Reinke: Everything that is inside the doors will have a fee attached Mr. Piercecchi: Have my prelimmory numbers been kicked around? Mr. Reinke: No. We are working m that and we dont want to say at this particular point in time what those fees may be. Mr. Piercecchi: I know in the new arena that we are building next to Eddie Edgar there, that is going to be subcontracted out to another unit because of the cost features. Mr. Reinke: Absolutely. Mr. Piercecchi: But this me here is going to be internally nm and in other words, it is going to be financed basically by the membership of residents and non-residents. Is that correct? Mr. Reinke: That is correct There is an operating subsidy that we have identified. We intend to recoup any cost above that operating subsidy through fees and charges. It is our intent to keep this as reasonably priced as possible because the taxpayers in the City of Livonia have passed a outage to Fuad this operation. Therefore, we will keep it as reasonably cost effective as possible. Mr. Piercecchi: Is there any idea of vkd the yearly cost Wins me going to be? Mr. Reinke: We can't divulge that at this point 18347 Dan Illavaty, 32150 Meadowbrook. I commend the Parks & Rec. Department, and I have been trying to convince some people that they should take over maintenance of the entire area including what the Livonia School Board has control over here. I have had several conversations with the Mayors Office and Livonia School Board about rumm Trig that property and how poorly A is being mainhmednow. Ymcmpu upaverybeautifultuddinghe mditNvill look very nice but the track area next door is usually in a state of disarray, a lot of trash, a lot of problems maintaining that area, and vandals during the evening I have called the Police Department several times to address those issues. If any of that spills over to you new building, you ve got a real problem Mr. Shane discussed the trash problem Right now the track is being used usually twice a year. The existing track on the Livonia school property usually is used twice a year by the Livonia School Board. They do nothing to clean up after themselves. That trash for the next six to eight weeks will blow directly onto you site over there where the new budding is going in. Whatever the Planning Commussiou or the Parks&Rec. Department can do to convince the School Board that they need to mairrtam that property a little better would be appreciated. Currently the puking is being blocked on Jamison. Again, A is the Livonia Public Schools property fortheballdiamondthere. Barriers are put up to prevent people fromparking m Jamison. What has occurred at that point is that people, ballplayers, coaches and spectators will drive down to the existing parking lot Ibey will drive over the sidewalk through the existing fence line, drive across the park, the green area, and park directly along the fence, anywhere from 5 to 15 vehicles. The parking regulations are not being enforced in that area. I know that at this point A would be difficult with the landscaping and the budding areas there, but my concern is where does that parking that is for the bad diamond now go? I am not looking fm answers tonight I amjust bringing up these points. I am worried about the illumination of the parking lot spilling over into the residential area there. I dont knowwhat type of regulations will be used. Mr.McCam: We pretty much use downward lighting everywhere. They explained they are moving the padang lot considerably north from the residential area now so there should be less effect to the residents. Mr. Illavuy: I am also interested in any type of arty budgeting or planning fin mainhmance and security beyond building the project I have been involved in several of these projects and I am sad to say budgets are cut for maintenance and ongoing security. They are the first things that fall by the wayside where we now have a building that is falling in disarray in a short period of time and is becoming unsecured, people stop using R Mr. McCaw: I think what you have to do is Ink at our current pinks. I spend a lot of true in our parks. Mr. Reinke does an excellentjob and using the Probation Department from the Livonia Cauls assists in a lot of those activities fm cleaning up problems which I was going to suggest ifthere is a problem m that property, you might contact the court and they can send a crew out to help pick up the garbage around it if it is a problem But so far Mr. Reinke 18348 has done an excellentjob with our parks and I am sue this will be maintained in the same beautiful manner. Mr. Fllavaly: I hope Mr. Reinke can work with his neighbor, the Livonia School Board because they have done a terrible job up to this point Mr. McCann: I am sue they are listening. Mr. Fllavaty: Those are my concerns. Connie Justice, 18979 Sunset Boulevard. I have been a resident for 10 years. I would like to add that support Mrs. Gtisbohn as fir as needing a therapeutic recreation program for the special needs population- Livonia is rated as one of the top cowwndies in the nation to raise a firmly in burl think we are lacking when it comes to programs to address the special needs for therapeutic purposes. Mrs. Koros: I would like w reiterate what Ron Reinke already said. His staff has already contacted us for numbers of students, who may have disabilities. I knowthey have contacted other Wayne County districts. There are already working with the County to provide some of that I share your concerns and I am confident that they are already working on that Ms. Justice: That is very encouraging to hear. Thank you. Rick Zoumboris, 15172 Berwick We are a little bit east We are going to be looking at the backside of the new complex. I live between the 10 and 20 yard line of the football field. When I moved in I had two small children, Bentley High School was open. The school district maintained that property. When they closed it they have left something that is pretty much of an eye sore in the community. I don'tsee it anywhere marry city around I look at the Planning Commission to O.K. this, the way Mr. Neumann and Mr. Metz have put this Thing together, it is a beautiful piece of art If live on the east side and lets sav you Lived on Berwick, and you look out your Goat door and you see a barbed wine fence going around a piece of school property that bas been there since 1985 since the school closed. Gentlemen and lady, we have missed something here. Why do I have to look out my Goat door and see this? Mr. Reinke has explained here today that the school district will let parking happen on Five Mile on the north property for soccer fields and they will continuously leave thein ba#d wire fence for us neighbors to look at when there is a hour foot hurricane fence that goes armed the track, that blocks off any activity that can be taken on the football field and destroy that because I know they have a lease. I have called the police on kids that tried to break into the school. I have been there 23 years and I don't wart to look at a beautiful million dollar complex out my Gorr door through barbed wive fence so maybe the Planning Commission can see it then way to address that situation before any ground breaking car murnies take place. Mr. McCain: I believe the fence is all on the school property. 18349 Mr. Zoumboris: It is on the school property. I have been in Mr. Watson's office, the director of operations. I have been in the Ordinance Depar idem and I have tallo?d with Mr. Woodcox. Mr. Watson indicated to me that he was rl quite sure if the fence was on the school property or not but he wasnt the operations director when the school was built He does his best I see him at the YMCA and he does a finejob but we need to have that fence taken down before we have anything belt of this magnitude. Mr. McCain: We work very diligently, the Pbrm ing Commission, with the developers and other developments around the City to end any barbed wire in the City of Livonia but we have no control over the School Board. You need to go to the School Board. Mr. Zoumboris: I have done that and I had Mayor Kirksey drive by a mouth ago. I talked to him in Stan's Market He told me once the new building goes up they are going to take care of everything. He said he wasn't sure if it was on school property. I went out there and measured from the middle of the street, that property and that fence is on the Livonia School District and I cant believe anybody would have such an eyesore sit there with a 30 million dollar complex Mr. McCarm, I am a little embarrassed to say but maybe you can figure that ow and maybe you can address the school district or have Mr. Reinke who is working with them. Maybe they can take that fence down and really open it up to the public because if somebody climbs on that fence and gels hurt it is going to be a really bad station. I am tired of looking at it ILankyou. Mr. McCann: We'll take a look at it Think you. If there is no one else wisbing to speak, a motion is in order. Mr. LaPine: Before a motion is made, I have a couple of questions for Mr. Reinke. The outdoor volleyball, the outdoor inline skating, they will be operating at night but there me no lights at those sites, is that correct? Mr. Reinke: At the present time there is no lighting on those facilities for nightmae use. Mr. LaPine: So in the summertime when it gets dark basically then there is no chance for them to use the facility. Mr. Reinke: It is time for the kids to go home. Mr. LaPme: We are building a big facility here that is going to cost the taxpayers a lot of money. I world hope that we could get together with the School Board, because if this is built, and the school property is not maimained, it is a reflectioq I think, on or building. I dont think the School Board warts that anymore than we do. Mr. Reinke: I have noted that Mr. McCain: A motion is in order. 18350 On a motion by Mr. LaPine, seconded by Mrs. Koons and unanimously approved, it was #2-28-2001 RESOLVED that, the City Planning Commission does hereby recommend to the City Council that Petition 2001-01-08-07 by City of Livonia requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a new community recreation facility on property located at 15100 Hubbard Road in the N.E. 1/4 of Section 22, be approved subject to the follmvwg conditions: 1. That the Site Plan dated 7123/01, as revised, prepared by Neumann Smith & Associates, is hereby approved, subject to final approval by the City Council and any modifications thereof, 2. That the Landscape Plan marked Sheet SPA -1 dated 2/23/01 prepared by Neumann Smith & Associates, is hereby approved, subject to the final approval by the City Council and any modifications thereof. and 3. That the Exterior Budding Elevation Plan marked Sheet SPA -4 dated 223/01, as revised, prepared by Neurram Smith & Associates, is hereby approved, subject to the final approval by the City Council and any modthcation thereof. Mr. McCann: Is there my discussion? Mr. LaPine: I wart to commend Mr. Reinke and Mr. Neuro rm, for wbom I have known for many years when he used to come out here when the City was first starting up, he did a lot of work in Livonia He did an o rtsmadingjob. I am not happy witheverything. I don't like to seethe pool in front taken brtwhm I look at the overall plan and based on the fact that #we have to eliminate something, we donYwant to elmni ume something that is recreational. Ithas to be something cosmetic. Sol still would like to seethat bt I guess itis not going to happen. I am hoping to see this completed in the very near name. Thank you. Mr. McCann, (Lairman, declared the motion is earned and the foregoing resolution adopted. R will go to Council with an approving resolution. Mr. Taormina received a call from the Council Office today requesting that we waive the seven day rule. Is there a motion? On a motion by Mr. Alanskas, seconded by Mrs. Koros and unanimously approved it was #2-29-2001 RESOLVED that, the City Planning Commission does hereby deNmine to waive the provisions of Section 10 of Article VI of the Planning Commission Nudes of Procedure requesting the seven day period concerning effectiveness of Planning Cormmission resolutions in connection with Petition 2001-01-08- 07 by City of Livonia requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a 18351 new commonly recreative facility on property located at 15100 Hubbard Road in the N.E. 1/4 of Section 22. Mr. McCamr, Chairman, declared the motion is carred and the foregoing resolution adopted We will begin with the Public Hearing portion of our agenda. ITEM #2 PETITION 2000-08-01-16 S & N Development CO. LLC Mr. Piercerebi, Secretary announced tie next itera an the agenda is Petition 2000-08-01-16 by S & N Development Co. LLC, requesting to rezone property known as 19250 Victor Parkway located on the northwest corner of Seven Mile Road and Victor Parkway in the SE. 1/4 of Section 6 from PO I to OS. Mr. McCann: We received a liner dated February 13, 2001, addressed to Mr. Mark Taonmra, Planning Director signed by Gregory Gibbard requesting that this be postponed and rescheduled for May 8, 2001. Is there anybody in the audience tmightvishmg to speak for or against this petition this evening I dont see anyme. I am going to close the Public Hearing in regards to this. Is there a motion to table this? On a motion by Mr. Shane, seconded by Mr. Alanskas and unanimously approved it was #2-30-2001 RESOLVED that, the City Planning Commission does hereby recommend that Petition 2000-08-01-16 by S & N Development Co. LLC, requesting to rezone property known as 19250 Victor Parkway located on the northwest comer of Seven Mile Road and Victor Parlovay in the S.P. 1/4 of Section 6 Gam PO I to OS be tabled to May 8, 2001. Mr. McCamr, Chairman, declared the motion is canned and the foregoing resolution adopkd ITEM#3 PETITION 99-01-01-01 Phoenix Land Development (George Burns Theater) Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 99-01-01-01, as amended, by Phoenix Land Development Corporation requesting to rezone property located on the east side ofFamrington Road between Plymouth Road and Capitol Avenue in the S.W. 1/4 of Section 27 Gam C-2 and M-1 to R 81. On a motive by Mr. Piercecchi, seconded by Mr. Shane and unanimously approved, it was #2-31-2001 RESOLVED that, pursuant to a Public Hearing having been held by the City Planning Commission on February 27, 2001, on Petition 99-01-01-01, as amended, by Phoenix Land Development Corporation requesting to rezone property located on the east side of Farmington Road between Plymouth Road and Capitol Avenue in the S.W. 1/4 of Section 27 Gam C-2 and M-1 to R 8I, the Planning Cormussion does hereby recommend that Petition 99 -of -01-01 be removed from the table. 18352 Mr. McCann, Chairman, declared the motion is carred and the foregoing resolution adopt-& Mr.McCann: Weare going to hear the two petitions together. On a motion by Mrs. Koons, seconded by Mr. LaPme and unanimously approved it was #2-32-2001 RESOLVED that, pursuant to a Public Hearing having been held by the City Pla ^ ng Commission on February 27, 2001, on Petition 99-01-01-01, as amended, by Phoenix Land Development Corporation requesting to rezone property located on the east side of Farmington Road between Plymouth Road and Capitol Avenue in the S.W. 1/4 of Section 27 from C-2 and M-1 to R 81, the Planning Commission does hereby recommend to the City Council that Petition 99-01-01-01 be approved for the following reasons: 1) That the proposed change of zoning to the R -SC district is compatible to and in harmony with the surrounding zoning and land uses in the area; 2) That the proposed change of zoning to the R8C distric[will more readily provide for the redevelopment of the subject property; 3) That the proposed change of zoning to the R 8C district will promote a comprehensive development plan for the subject Property; 4) That the proposed change of zoning to the R8C district represents reasonable and logical zoning plan for the subject property which adheres In the principles of sound land use planing; 5) That the proposed change of zoning will provide for a multiple family type ofliving experience for those persons who deme an alterative to the single family residence. 6) That the proposed change of zoning will insure that the subject property is developed for condominium uses as apposed to dme rental apartment uses; and 7) That the proposed change of zoning will result in a decrease in the annum of C-2 zoning in an area already well served with a variety of commercial uses. FURTHER RESOLVED that, notice of the above hearing was given an accordance with the provisions of Section 23.05 of Zoning Ordinance 4543, as amended Mr. McCann Is there discussion? Mrs. Koons: As I look at our notes, I see the cbronology goes back to January of 1999 and I kmw your chronology goes back even further than that so I want to 18353 co®®d you for sticking with this and getting to this point Thanks. Mr. McCaw, Chairman, declared the motion is carried and the foregoing resolution adopted That will go on to City Council with an approving resolution ITEM#4 PETITION 99-04-02-13 Phoenix Land Development Corp. (George Burns Theater) Mr. Piemecchi, Secretary, announced the next item on the agenda is Petition 99-04-02-13 by Phoenix Land Development Corporation requesting waiver use approval to conslmct a planned residerrial development on Property located on the east side of Farmington Road north of Plymouth Road in the S.W. 1/4 of Section 27. On a motion by Mr. Piemerchi, seconded by Mr. Shane and unanimously approved it was #2-33-2001 RESOLVED that, the Planning Coumussion does hereby recommend that Petition 99-04-02-13 by Phoenix Land Development Corporation requesting waiver use approval to construct a planned residential development on property located on the east side of Farmington Road north of Plymouth Road in the S.W. 1/4 of Section 27, be taken @ore the table. Mr. McCann, Chairman, declared the motion is carred and the foregoing resolution adopt-& Mr. Taormint presented a map showing the property under petition plus the existing zoning of the surrrinding area. Mr. McCann: Is there any comspondence7 Mr. Nowak There arefour ilems ofcomspondew The fast item is a letter from Poe Engineering Division, dated February 21, 2001, which rads as follows: "Pursuant to your request, the Engweerrig Division has reviewed the above referenced petition The Engineering Division has an objection sot the proposal We bust that this will provide yon with the information requested" The letter is signed by David Lear, PE., Civil Engineer. The second dean isa letter lion the Division of Police, dated February 23, 2001, which reads as follows: "The revisedplans snbmittedfor Founiam Park have been reviewed The Traffic Bureau has no objections to the development ofthu land as revised However, there are concerns that were raised due to the increased traffic along Plymouth andFi rmmgton Roads that are sure to accompan, a developmentofthumagnitude. The addition ofa deceleration kine -for wrthboundFarmmgtommdlatelynorthofPlymonth Roadwouldwiden the road to a tandm16liums (curb to curb). This added lane would then accommodate the traffic intending to turn roto the site from northbound Farmington, thus creating less interference to the through northbound traffic. The southern driveway on Farmington Road north of Plymouth Road should bepostedfor'WoLefllurn" For the northern driveway of Farmington Road we suggest that the width of the traffic island (which appears 0 be 22.5 feet) 18354 be reduced by 7 feet to allow for two exiting lanes ojtraffe One lane would be designedfor right frons and the second lane designedfor left toms. This would allow more vehicles to exit andredoce the number ofvehicles stacking while awaiting they opportunity to over. At the center driveway on Plymouth Rondo e recommend reducing the width of the traffic island by 2 feet thereby allowing two 12 jeet wide lanes for telling vehicles to use. The Traffic Bureau is recommending'No Leff Turn"signs be postedjor exihng vehicles for the western -most driveway on Plymouth Road Additionally, "No Left Tion "signs posted to prohibit left frons for eastbound Plymouth Road traffic into the site at the just driveway east ofFarmingian Road Stop signs posted at each driveway ofthe site. Stop signs should also be postedjor traffic within the site leaving the residential area and entering the commercial area. " The letter is signed by Wes McKee, Sergeara. Traffic Burean. The third lett is firm the Inspection Department, dated February 26, 2001, which reads as follows: "Aasuant to your request ofFebmazp 16, 2001, the above referenced petitionhas been reviewed the following is noted: (1) This site has been proposed forzoning changes Le. Ora shift in the C -21,R-8 Zoning boundary. Also, applications for waiver for Planned Residential Devehapment and Planned General Develapment using Article XX have been submitted Therefore, the review has been conducted as the Zoning is proposed and also Article XX ofOrd. 543.(2) The site is lacking the fenced and adequately equipped recreation area air squarefeet, and therefore, willneed a variance from the Zoning Board ofAppeahe (3) A variance from the Zoning Board ofAppeals willbe needed for deficient driveway widths. Twenty-two (22) foot minimum is required as depicted (4) The required prolective wall or greenbelt is not sufficiently detailed and needs to be clarified to the Planning Commission's satisfoctlon or a variance from the Zoning Board afAppeals will be required (5) The deficient front, side and interior yard setbacks maybe waived by the Planning Commission and City Council under Article XX ifit is determined that such modification is more efficient use and will not be injurious to surrounding land and to the public has a whole. (6) This plan will need a variance from the Zoning Board ofAppeals for deficient covered parkurg spaces (177 required, 142 provided, 35 deficient). (7) This review has been conducted under the premise that the exterior construction is essentially maintenance free, (8) No fighting appears to be provided for the residential area. This shout/ be clarified for the Commission. (9) No signage was reviewed. Ills Department has no further objections to this Penton." the letter is signed by Alex Bishop, Assistant Dvector of Inspection. The fourth dent is firm the Livonia Fire & Rescue Divisim, dated Sees E Corcoran, Fre Marshal, which reads as follows: This offee has reviewed the site plan submitted in connection with a request to construct a plumed residential development on property localedon the east side ojFarmington Road between Plymouth Road and Capitol Avenue in the S. W. 114 of Section 27. We have no objections to this proposal with the fallowing stipulations. (1) Adequate hydrants being provided and located with spacing to put all areas within 300' ofhydrant Most remote hydrant shallflow 1500 GPM with a residual pressureof20PSb (2) Estabfishfoelaaesthroughoutcomplextoprovide accessfor Fire Department equipment. These shall beposand "Fire Lane- 18355 No Parking." (3) Access around buildings shall be provided for emergency vehicles with turning radius up to forty -fore feet wall to wall and a minimum vertical clearance ofl3-12 feet" The letter is signed by James H Corcoran, Fre Marshal. We also have a letter form the Plymouth Road Development Authority addressed to the Members of the Planning Commission, dated February 23, 2001, which reads w follows: 'By this letter we are lrammumng to you for your information a copy of the review letter the PR-D.A. received form our consultant with respect to the above referenced project The comments as set forth in the subject letter have been reviewed by the members of the PR-D.A. Construction Committee and have concurred in the consultants review and comments. In this cormection, we would especially like to call your attention to Item 1 regarding the area from the back of the road curb of 65 feet in each direction that makes up the glaze area and in addition that these improvements would be funded by the PADA. The devel9oper should fiord all other improvements along both Plymouth Road and Famringfon Road The PRDA. would limber like to advise the Commission that it is our policy after completion of these streetscape improvements to assure the bill responsibility for the landscape maintenance. The areas to be included as shown on the site plan is the area from the sidewalk to the first row of puking spaces and from the sidewalk and the mile road subs. This maintenance will be the irrigation. mowing, feRihznioma, pnming and clarn-up of those areas at our costs. We appreciate the oppordmity to provide you with our review and comments on this matter. The P.RD.A. is happy to provide arty hither information the Planning Commission may need on this matter." The letter is signed by John J. Nagy, PADA. Director. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Steven Schafer, Phoenix Land Development, 32000 Northwestern Hwy. 3145, Farmington Hills MI 48334. Ibis area we have obtained a permit from the DEQ to preserve a portion of the existing wetlands and arty wetlands that will be takm will be replaced at a 2 to 1 mitigation ratio on site. You notice that we have scaled down the retail area across the from. We have opened it up a little more with some pedestrian access through some of the retail areas and a little bit better connection back into the residential area Since our last meeting, we have added some additional parks up on the north end of the site for the residential area as well as made some modifications here behind retail B. Our parking now is in excess of approximately 30 extra spaces on the site and we are proposing possibly office or restaurant sites between these two areas, a bank site in this area, in-line retail with a Walgreen drugstore on the comer and the residential units that we are proposing in the back are identical to the types of units that we are currently building over at the Bell Creek Square development at Su Mile and Farmington. It will be mostly of brick and limestone and a Georgian style with a front entry, evenly split between ranches and town homes. If you have any other questions, I will be happy to ayswerthem foryou Mr.Alanskas: Canyoutell me why youwent from FommtaioPukto Rosedale Town Square. 18356 Mr. Schafer: I have been urged by some of the residents m Old Rosedale to consider changing the name of the project They were very supportive of the project We have been meeting with them regularly at then association meetings. Every time I have gone there, they really wanted to have some type of a tie in to their neigbborhood. Mr. Alanskas: Have you gotten any response from the City m regards to the name change? Mr. Schafer: No but I am open Mr. Alanslms: Between Building D & E, that big open space, what are you going to do with that? Mr. Schafer: The last time you saw some parking. It was pushed more into this area and we made some adjustments and we wanted to make sure we staved at the 2 to 1 mitigation ratio. Ibis is all going to stay natural. Mr. Alanskes: You couldn't put a court there and some tables? Mr. Schafer: No. Mr. LaPine: Is everything now settled with the wetlands? Mr. Schafer: Yes. The perm bas been issued although there has been some change because initially we were going to take more wetland than we were approved to take more wetland. We will have a modification of this permit that we are going to be doing on Thursday, I would invite Mr. Taormina to attend that meeting, to finale the re -issuance or the amendment of that permit Mr. LaPine: So all the wetlands that stand there today will be there when you build this? Mr. Schafer: No. There is approximandy 6.98 acres, almost 7 acres, of wetlands. We will be taking 1.70 ares of wetlands but the net result will be that there will be more wetlands on that site. Mr. LaPine: The 1.7 ares that you are taking out, where is that located on there? Mr. Schafer: You can see the dotted line that runs through here. It is essentially a in flus section and then a small section in through here. We had to make a justification to DEQ that we had to have our alignment of our drive here. That it couldn't shift in either direction and this was the most logical place to have it with the Sheldon Center access here. We didn'twantw have tum conflicts. We had to take that portion of the wetlands and also we made justification that this was an integral part of our development as well being the commercial frontage. Mr. LaPme: We still are considering a bank and building there, is that correct? 18357 Mr. Schafer: That is correct Mr. LaPme: I understood you to say that originally Budding E was going to be a restaurant Is that still a restaurant? Mr. Schafer: Yes. RigbtnowE&Dcmberestaurantsorpo fiallymeoftbemcouldbe used as an office use. Mr. LaPine: When you say office what are you talking abort? Wbat type ofoffice, a doctors office? Mr. Schafer: It could be. We are talking to PADA and the Chamber of Commerce for a possible relocation to this site. Mr. LaPme: The others, B, C & D, you've got them 5,000, 3,000 and 12,000 but that could change. Maybe the 5,000 could possibly be two 2,500. Is that possible? Mr. Schafer: Yes. Mr. LaPme: And the retail B, instead of having three 40's and a 50, is there a possibility that cold be one building and possibly could be two? Mr. Schafer: That is very possible. Mr. LaPme: I lost my pard a friar of the recreational center and I assume that I have lost my famtain here, too? Mr. Schafer: Yes. It will be well landscaped and the comer has come a long way since we got staried Mr. LaPme: That is why you changed the name? OX. Thank you Mr. Shave: Does the landscape plan currently comply with the recommendation of the PR -DA.? Mr. Schafer: It should. We were provided drawings. My landscape architect did take a look at it I did appear in front ofPAD.A. and I supplied Mr. Reinholt from the landscape consultants you are using Beckett & Raeder, to review the plan and critique it to make sure it was in keeping. I believe it was also m the PRDA.'s motion in a lett to you that it be consistent and they are taking a look A that as well. Mr. McCain: I've got a couple of questions. Mr. Schafer we reduced some of the parking deficiency in the residential areas. Is that correct? Mr. Schafer: Yes. 18358 Mr. McCann: One ofthe things I was looking at in my plans and that is the south side between B & C, the buildings there you have put in some greenbelt area behind those buildings? Mr. Schafer: Yes. Actually I did not take a look at the revised landscape plan but yes, he is proposing a hedgerow with some trees. Mr. McCann: There will be no doors or accesses from the rear of that Mr. Schafer: That is correct. There will be a access door not here. We have re -modified this dumpsler area so there is easy access to get to that Also we provided access for vehicular track to pick it up. We will control that throngb there. This is a very small cent now. In Dearborn we did it in a 2400 sq. ft cent. This is only a 1200 sq. ft configuration. It will be very convenient Itcould shape out that there will only two or three tenants in here. Bart there will be common corridor thatwill channel that out Deliveries can come here. They can bring in there. Mr. McCann: We don'thave the building elevations for those commercial utits Athis point, do we? Mr. Schafer: I believe I did furnish some conceplanls. Mr. McCann: But he will be coming back before with those commercial budding elevations or not, Mr. Taormina? Mr.Taormina: When you look at how the project was approved some months ago involving the commercial, that issue still resides in the Committee of the Whole. So I know that issue is still going to be looked A by the Council. Mr. McCann: One of the things that liked about this plan is that it is more to the original proposal of integrating the residential unit with the commercial. The front of the residences are facing the rear of these buildings, the streetscape park directly in front of it and what I am hoping to do is look at the greenbelt area behind the building and the type of treatments that are going to be put on the building so as to make it appealing from both sides. You have done a lot to improve the homogeneous nature of these types of uses. I want to make sure the elevations reflect what we are doing in the site plans. Mr. Schafer: You'll see a tie in with the brick with the limestone banding between those omits and we also have provided a lot of green area Ifyou go by and take a look at the Walgreens up at Su Mile and Farmington and if you look at this elevation, it is an all brick elevation, very ince shingled roof with a drive- flim but it is very residential looking It will not be a bad side of the building, dumpsters, activity of that type where they are going to throw things out the back. That happens in this area and this will be screened So fiomthe front impact there, I think we are O.K. Also we are able to pmt in an 18 foot landscape island that will also visually buffer that as well. 15359 Mr. McCann: Ijust see shrubberywith trees. Is it possible to have the greenbelt brought back with the budding elevations when they are ready? Only I can see that there are some vast ehprovements in the lay" but I really don't have a good feel for what type ofplanangs could be put m there to match what you are putting in the residential portion. Mr. Sbane: We never see site plans wither doing all ofthis. I amuncomfortable with it here. Mr.McCann: What I am showing in frond of each unit is me me on the plans that were provided me that are backing up to Buildings B & C. It doesnk show any sod, my bushes, any shrubbery or mhy rvpe of flowering plants. I would assume that from seeing the other F,vddings that would all be included or is that some of the doings that the Association would do? Mr. Schafer: You mean outside of the boundaries of the commercial? Mr. McCain; Yes. Mr. Schafer That is something the Association would do. Mr. McCain: That is not included in the site plan at all? It looks hike you included trees, and bordering shrubs. Mr. Schafer: We should really provide you with a bell um detail. I am surprised it does not show the individual units. Mr. McCain: What wad to do is carry that theme that you are using in the condominium association, some of that to the bordering of your commercial end to help blend the two. Do you see what I am trying to do? If we can bring the brick back and forth, you put the greenbelts m and what I mu fymg to do is match everything up so the transition is good between them I mu not getting that feeling from these plans and that is my concern Mr. Schafer: I can provide nnre detail to staff. Mr. McCam: Mak, I will look to you for suggestions. Mr. Torn a: I think if A is the decision this evening to move the site plan forward, I think that A would be reasonable to bring the issue of the landscaping back for further review because the two sites are inter -connected Oneofthethings that I noticed on the plan this evening as it relates to the commercial component is the fact that, although there are some details on Bre landscaping, we don't have a plant schedule. There is a plant schedule but I'm not sure if that is only for the residential because they call out the numbers and the quantities in the specie type on that plan and I don'tsee it on Sheet Ll of 3 which is the commercial plan. Isuggest that we review this matte prior to it being placed on the Council's committee agenda 18360 Mr. McCann: I do want to move him along. I want to make that clear. I am pleased, I think everybody has worked very hard to get where we are at today but there a few minor things, I don't think they are minor. I think whatwe have worked to get here, we need to do the finish work on it or at least make sure that it gets done at Council level, if not here. I also had one other question. That section right in there, is tlat going to be left natural or is that going to be improved? We don't have a landscape for that area Mr. Schafer: It is going to be improved up to the wetland line. Mr. McCann: As far as I can tell, lt is one of your largest areas for open space. Was there any thought of putting to prink beaches or arty type of improvements like that? Mr. Schafer: Yes. Actually I think there should be (maudble) I would agree with you that we were really pressed to get the site plan to stop moving. Because every time we did the site plan, we moved the landscape plan. We warded you to get comfortable with the site plan and we did hurry to get it submitted I do think we need to take a little bit closer look at what we have done and maybe have a little bit more detail from the individual units standpoint, as well as a review fiom PRDA. I thmk there are definitely some issues fiom a landscape standpoint that I think we need to address. I am willing to come back with something as far as amenities to that area as well. Mr. McCann: I can not sure how you want to do itbut right behind Building D, the trash enclosure, webe got a storm retention area, a sidewalk coming back and people are going to be walking by. Is there anyway to set that fasb enclosure back at all to try and screen it People are going to be walling over to Budding D and Building Cright along Haat sidewalk Mr. Schafer: I think Hunt sidewalk can be moved away from it a little bit so I can get some green in between it, maybe so it isn'tso straight I could pit some curves in it, where it curves to over away fiom there. Mr. McCann: I would like to by and do it, again, that would come into some greenbelt do if we can move it in here so as to make it kind of a walkway in Huere. Mr. Schafer: Achully, there right be an opportunity for me to bring that in here. Mr. McCann: You are behind Building C there? Mr. Schafer: Yes. Mr. McCann: I was looking at Building D ter. Mr. Schafer Are you looking at this dumpskt! Mr. McCann: We could move the dumpster C eastward and maybe possibly behind building D, move Haat one a little farther back. 18361 Mr. Schafer: This one? Mr. McCann: Yes. If we could keep it closed, that is about all we can do with it That is about as far away as we can get it I am looking A the people coming around on the sidewalk around the park there Yoube moved the sidewalk as close as you can to the road, I assume that is to not infringe an the wetlands? Mr. Schafer c Correct Mr. McCann: What I am trying to do is make that walkway there as nice as we can to bring those people into the park and that is going to be your main enhance, focusing on that sidewalk, as well. So whatever we can do about greenbelt in that area is a focal point in coming into the park and into the residential area. You have done a lot in improve the looks of this and if there is some minor tweaking in those areas we can do, it might help. Ifthere are no further questions from the Commissioners. I will go to the audience. This was a pending item and we need a unanimous consent from the Commission for the audience to participate, if there is someone out there. I dont see anyone. A motion is in order. On a motion by Mr. LaPine, seconded by Mr. Shane and unanimously approved, it was #2-342001 RESOLVED that, pursuant to a Public Hearing having been held by the City Planning Commission on February 27, 2001, on Petition 99-04-02-13 by Phoenix Land Development Corporation requesting waiver use approval to construct a planned residential development on property located on the east side of Farmington Road north of Plymouth Road in the S.W. 1/4 of Section 27, the Planning Commission does hereby recommend to the City Council that Petition 99-04-02-13 be approved subject to the following conditions: 1) That the Site Plain marked sheet SPO2, prepared by SSOE, Inc., with a revision date of February 26, 2001, is hereby approved and shall be adhered im 2) That the landscape plan shall come back to the Planning Commission for father review and recommendation before going to the City Council; 3) That all plan ted material shall be instilled to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 4) That the Townhouse/Flat Elevations Plans marked Sheets A-3 and A-4, prepared by Barton & Associates, dated September 2, 1998, are hereby approved and shall be adhered to; 5) That all brick used in the conshuction of the budding sball be full face 4 - inch brick, no exceptions; 18362 6) That aplan for identification signage for the residential portion of this development shall be submitted for approval within 60 days following approval of this petition by the City Council; and 7) That all electric and gas metes will be installed can the side of the buildings and screened by landscaping For the following reasons: 1) That the proposal is in compliance with all of the special and genial waiver use standards and requirements as set forth in Sections 20.02 and 19.06 of the Zoning Ordinance #543; 2) That the proposed use is compatible to and in harmony with the surrounding uses in the area; 3) That the subject site has the capacity to accommodate the proposed use; and 4) That the proposal represents a reasonable and logical development plan for the subject property which adheres to the principles of sand land use planing FURTHER RESOLVED that, notice of the above bearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance 4543, as amended. Mr. McCann: One of the things we talked about, does the staff feel A is necessary to bring back the landscape plan to the Planning Commission or can you work with the developer as far as trying to integrate the two landscape plans. Mr. Taormina: If heard you right this evening, there were still some concerns about the landscape treatments, particularly along the north side of the cormnemial development where it interfaces the residential. Although I think I have a good understanding of what those concems are, I dont think it would be inappropriate at all to have this item come back to you for another look if nothing else at a study meeting Maybe if you could amend condition 42 to indicate that the landscape plan should come back to the Planning Commission for Gather review and recormnevdation prior to going to City Council for approval of this item Mr. LaPine: I have no problem with that additional verbiage. Mr. Alanskas: If we could add that all electric and gas meters will be installed can the side of the budding and screened by landscaping just not in frim[ of the budding Mr. LaPine: I have no problem with that Mr. McCann: Mr. Schafer, will that be a problem for you? 18363 Mr. Schafer: No. Mr. McCann, Chairman, declared the motion is canned and the foregoing resolution adopled It will go on to City Council with an approving resolution. Good luck ITEM #5 PETITION 2000-11-02-34 Pugh Shows, Inc Mr. Piemecchi, Secretary, announced the next item on the agenda is Petition 2000-11-02-34 by Pugh Shows, Inc. requesting waiver use approval to conduct a carnival sponsored by the Livonia Mall Merchants Association consisting of amusement rides, games and food concessions from April 12, 2001 through April 22, 2001, inclusive, on property located on the north side of Seven Mile Road between Middlebelt Road and Purlingbrook Road in the SE. 1/4 of Section 2. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCain: Is there any correspondence? Mr. Nowak There are four ids of correspondence. The fust item is a lett from the Livonia Fre & Rescue, dated January 12, 2001, winch reads as follows: "This olgce has reviewed the site plan submitted in connection with a requesrfor waiver use approval ma conduct a carnival sponsored by the Livonia Mall Merchants Association on property located on the north side of Seven Mile Road between Mddlebeh Road andlowlengbrookRoad in the S . 1/4 of Section 2. We have an objections to this proposal with the following sripu/ahom (1) Provideandmaintainclearaccessmaclosesthydrant" The letter is signed by James E Corcoran, Fire Marshal. The second leiter is form the Inspection Department, dated January 16, 2001, which reads as follows: 'Pursuant to your request ofJanumy 10, 2001, the above referenced petition has been reviewed Thu Department has no objections ma this petition." The kiRr is signed by Alex Bishop, Assistant Director ofhrspectioa The Pond lethx is from the Division of police, dated January 22, 2001, which reads as follows: "We have reviewed the proposed site plan regarding conducting a carnival at the Livonia Mall. We have an objections ma the plan as submitted As in the past, tmckstorage must comply with Livonia City Ordinance." The lett is signed by Wesley McKee, Sergeant, Traffic Bureau The fourth leiter is from the Engineering Division, dated January 31, 2001, which reads as follows: "Pursuant to your request, the Engineenng Division has reviewed the above referenced periaon The Engineering Division has no objections ma the proposal. The follo nag legal descritumn should be used in counterman with this pentwn: 'That part of the Southeast 114 of Section 2, T. IS., R. 9t,, Cdy ofLivonia, Wayne County, Michigan described as beginning at a point distant South 89'52'00" West along the South line of Section 2, 40 0. 00 feet and North, 60. 00feet from the Southeast comer ofSection 2 and proceeding thence North, 330.00 jeep thence South 89'52'00" West, 480.00 feet,' South, 18364 330.00 feeg thence North 89052'00"Ens; 480.00 feet to the point of beginning.' We trust that this w$[ provide you with the information requested." The lelteris signed by David Lea, PE., Civil Engineer. Thatis the intent of the correspondence. Mr. McCann: Is the petitioner heretbis evenine James Wegerly, 3041 Serenity, Oakland, Michigan and accompanying me this evening is Mr. Carl Zaibo, the Manager of the Livonia Mall. Mr. McCann: Is there anything dilEerevt about this year than last year! Mr. Wegedy: No. The petition we have before you really is a duplicate of past events that we have done at the Livonia Mall and fried to address your previous concerns and basically it is slatus quo Two what we presented last year at the same site. Mr.McCann: Did you have any problems last year that you needed to comet? Mr. Wegedy: Now that we are aware of. It seemed to go very wx11 The site lends itself very nicely to this event, we feel. Mr. McCann: Are there any questions Tom the Commissioners? Mr. Alanskas: Are you guaranteeing good weather this year! Mr. Wegedy: All we need is sun and 75 degrees and if you can help us out, we would be most appreciative. Mr. Piemecchi: Howmany, rides are you going to setup out there? Mr. Wegedy: We erect appmximztely 20 rides A this site. It might give or take one or two but that is approcirnately what it holds. It depends on exactly which rides we set up. Some require a greater area or smaller area than others. Mr.Piemecchi: Canty assumethatyouhavereceivedyouroperatingpemtitfortheyear 2001? Mr.Wegedy: Nowehavenot The State ofMichiganjust seat "the applications but we are filing it Pols week and we will be receiving it nextweek, probably. Mr. Piemerchi: But your rides have received approval now and Tom last year! Mr. Wegedy: Absolutely. Per the State of Michigan law all the rides are all legal to operate in 2001 and they will be inspected, many of them on site. This year the carnival is coring to Livonia Mall. We will have been in Michigan fora month prior. We are going to do the event this year inside the Silverdome, Anch opens mid-March and then there will be another installation prior to this ore. We will be open quite early this year in Michigan These rides, by the time they arrive here, will probably all have 2001 stickers on them 18365 Mr. Piencerchi: One of the things that concern me about carnivals is that they have an adequate number of con thissioned inspectors to give the daily inspections to the rides. Mr. Wegedy: Absolutely. Per State of Michigan law we must have a license and approved inspectors by the State of Michigan on the site at all times. We, of crime, do this and we have an in-house safety program In addition to that we are inspected by our insurance company and we actually hive independent safety consultands to inspect our equipment so we are very conscious of that As a matter of fact we were honored a few years ago. We were awarded the National Safety Award out of every carnival in the United States. We were the wirier of 9 from the American Recreational Equipment Association, so we are very proud of that Mr. Piemeccbi: What ratio do you use of inspectors to rides? Mr. Wegedy: It would depend on the size of the camival. Mr. Piemeccbi: For this one. Mr. Wegerly: The way A would operate within our company is that each of our divisions bas one head inspector who is in charge of the entire safety program. That is all he does on that carnival then there would be an addition to ]tiro probably with this camn-al three or four additional licensed State of Michigan inspectors on site. Mr. Piemecchi: So you've got at least five rides and one inspector! Mr. Wegedy: Absolutely. The rides are inspeced every day. We must fill out a form every single day did is Inpt an file for the State. Mr. Piemecchi: Thank you Mr. LaPine: Mark, on the next case, I see that they are supplying a $2,000,000 insurance certificate naming Livonia Mall and City ofLivoma,ete. Do they have to have an insurance policy too? Mr. Wegedy: Absolutely. We supply a $10,000,000 policy. Our company carries that limit We, of course, one ofthe things we have to do forthis event and the Livonia Spree, which we service, which you are well aware, we have to file me of our certificates of insurance with the City Clerks Office every year, naming the City of Livonia as an addrimal insured. Mr. LaPine: Ijust wanted to make sure we are covered Mr. Wegerly: Yes sir you are. 18366 Mr. McCann: If there are no briber questions from the Commissioners, I will go to the audience. Is there anybody in the audience wishing to speak for or against this petition? Seeing no one, I will close the Public Hearing. A action is in order. On a motion by Mr. Piercecchi, seconded by Mrs. Koons and unanimously approved, it was #2-35-2001 RESOLVED that,pursuantto aPublic Hearinghaving beenheldby the City Planning Commission on February 27, 2001, on Petition 2000-11-02-34 by Pugh Shows, Inc. requesting waiver use approval to conduct a carnival sponsored by the Livonia Mall Merchants Association consisting of ammsemend rides, games and food concessions boom April 12, 2001 through April 22, 2001, inclusive, on property located on the north side of Seven Mile Road between Middlebelt Road and Purlingbrock Road in the SE. 1/4 of Section 2, the Planning Commission does hereby recommend to the City Council that Petition 2000-11-02-34 be approved subject to the following conditions: 1. That the carnival sha0 be limited to the darts as specified by Pugh Shows, Inc., which are April 12, 2001 through April 22, 2001, inclusive; 2. That the proposed carnival operation shall be confined to the area as ilhusha4.d on the site plan submitted with this request; 3. That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the carnival shall be located at least 60 feet distant from the Seven Mile Road right-of-way line; 4. That all trucks and other transportation equipment shall be parked or stored within the northwesterly portion of the Livonia Mall parking lot, but no closer than 100 feet boom the west property line ab4ting the Ziegler Place site or 250 feet from the south property line abutting Hunters Brook Com mu n'mars; 5. That there shall be no motors mmming an the stored trucks dining late hours, especially between 11:00 p.m m 7:00 am including motors on any refrigeration trucks; 6. That there shall be no living quarters at the location of the stored trucks; 7. That the hours of operation of the carnival shall be as stated in a letter dated October 28, 2000 from James K. Wegerly, President of Pugh Shows, Inc., which have been approved by the Police Department. 8. That access to fire hydrants is provided for the Fre Department For the following reasons: 18367 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance 4543; 2. That the site has the capacity to accommodate the proposed use; 3. That the use of the subject property for carnival purposes will not interrupt the normal traffic flow and circulation in the area and will not impede access to the Livonia Mall; 4. That no reporting City department objects to the proposed use. FURTHER RESOLVED that, entice of the above hearing was given in accordance with the provisions of Sectim 19.05 of Zoning Ordinance 4543, as amended. Mr. McCarm, Chairman, declared the motion is carried and the foregoing resolution adopted ITEM #6 PETITION 2001-01-02-01 Jeff WrMams (Playwodd) Mr. Piercecchi, Secretary, announced the next item on the agenda is Petition 2001-01-02-01 by Jeff Williams on behalf ofPlayworld Amusements requesting waiver use approval to conduct a carnival sponsored by the Livonia Rotary Club consisting of amusements rides, games and food concessions from May 2 through May 13, 2001, inclusive, on property located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the ME 1/4 of Section 35. 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 Thereareforilemsofconespondence. ILefrstiternisalelixfrom Poe Livonia Fire & Rescue Division, dated January 12, 2001, which reads as follows: "This office has reviewed the site plan submitted in connection with a request for waiver use approval to conduct a carnival sponsored by the Livonia Rotary Club on property located on the south side of Plymouth Road between Mddlebeh Road and M[burn Avenue m the N.& 1/4 of Section 35 at the above referencedaddress. We have an objections to this proposal with thefollowmg stTedation. (1) Provide and southern clear access to closest hydrator." The letter is signed by James E. Corcoran, Fire Marshal The second letter is from the Inspection Department, dated January 16, 2001, which reads as follows: "Purse t to yore request ofJann ry Z0, 2001, the above referenced petition has been reviewed The followerg is noted: The actual Sedim of 543 a II.03(3), not II.03(I)(3). Thu Department has m objections to this petition" The letter is sipped by Alex Bishop, Assistant Director oflnspectiom The third letter is from the Division of police, dated 18368 January22, 2001, which reads as follows: "We have reviewed the proposed site plan regarding the above listedpehtion and have an objechons to the plan as submitted." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau The fourth letter is from the Engineering Division, January 31, 2001, which reads as follows: "Pursua wyourreques;the Engineering Division has reviewed the above referenced petition. The Engineering Division has no objections to the proposal at this time. The following approxnmte legal descriphmsbouldbeusedinconnectionwRhlhispetitios 'Thatpartofthe Northeast 114 of Section 35, T. IS., R. 9E., City ofLivonia Wayne County, Michigan more particularly described as beginning at a point datant North 89 49'46" Wes;1230.00 feet and South 007074" West, 60.00 feet from the Northeast corner ofSection 35 and proceeding thence South 0070'14" West 260.00 feet,; thence North 89049'16" West 350.00 feet,; thence North 00-10 F14"Emit, 100.00 feet,; thence North 89049 '16" West 100. 00feet, thence North 007074"Ems;160.00 feet,; thence South 89 49'16"East 450.00 feet w the point ofbeginning.' We trust that thu will provide you with the information requested." The left is signed by David Lear, PE., Civil Engineer. That is the extent of the correspondence. Mr. McCain: Is the petitioner herelhis evemnag Jeff Williams, 31250 Cooley, Westland, Michigan. Mr. McCain: Tell us about your petition tonight Is there anything unusual or changed from last year! Mr. Williams: No. Everything is the same. We are going to have one more ride than we had lastyear, a new ride that we bought and some amenities. We will have a hand washing station and a baby changing station and a mister. It is a big fan that News am. Mr. Piercecclic How many rides are you going to have? Mr. Williams: Nineteen. Mr. Piercecchi: You heard some of the comments that I dnecily toward Mr. Wegerly. You toohavemtreceivedyomyearlypemnityetbutitisco g. Isfla correct? Mr. Williams: It is coming. We will be in the State of Michigan a month prior to that date. We will be inspected before we are in Livonia Mr. Piereecchi: I was under the opinion that by March 1 everybody was suppose to be mspectedm this state. Mr. Williams: That is correct but sometimes the inspectors dont get out as fast as they should until all the paper work is done. Mr. McCain: If there are no further questions from the Commissioners, I will go to the audience. Is there anybody in the audience wishing to speak for or against 18369 Pols petition? I dour see anybody. I will close the Public Hearing. A motion is in order. On a motion by Mrs. Koms, seconded by MR. Pierceccli and unanimously approved it was #2-36-2001 RESOLVED that, purniantto a Public Hearing having been held by the City Planing Commission on February 27, 2001, on Petition 2001-01-02-01 by Jeff Williams on behalf ofPlayworld Amusements requesting waiver use approval to conduct a carnival sponsored by the Livonia Rotary Club consisting of amusemeNs rides, games and food concessions limit May 2 through May 13, 2001, inclusive, on property located on the south side of Plymouth Road between Middlebelt Road and Milburn Avenue in the N.P. 1/4 of Sectio 35, the Planning Commission does hereby recommend to the City Council that Petition 2001-01-02-01 be approved subject to the following conditions: 1. That the carnival sball be limited to the dates as specified by Playwold Amusements, which are May 2, 2001 through May 13, 2001, inclusive; 2. That the proposed carnival operation shall be confined to the area as illustrated on Poe site plan submitted with ills request 3. That all rides, food concessions, booths and all other equipment and apparatus relating to the operation of the camnul shall be located az least 60 feet distant from the PlymouPo Road right-of-vay line; 4. Thar all trucks and other transpo Cation -related vehicles and equipment shall be parked or stored within the southwesterly portion of the Wonderland Mall parking lot but no closer than 200 feet from the adjacent residential properties to the south; 5. That there shall be no mounts running on the stored trucks during late horns, especially between 11:00 p.m. to 7:00 am including motors on my refrigeration trucks; 6. 1Laz there sha0 be no living quarters within Poe carnival site; 7. 1Laz the horns of operation of the carnival sball be as stated in a letter dated December 28, 2000, from Jeff Williams, Routing Dveemr of Playworld Amusements, which have been approved by the Police Department, and 8. Tliat mobshucted access w my bydrmis within the carnival area shallbe provided for the Fire Deparhnem. For the following reasons: 18370 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2. That the site has the capacity to accommodate the proposed use; 3. That the use of the subject property for carnival purposes will not interrupt the annual traffic flow and circulation in the area and will not impede access to the Wonderland Mall; and 4. That no reporting City department objects to the proposed use. FURTHER RESOLVED that, notice of the above bearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance 4543, as amended. Mr. McCaw, Chainsum declared the motion is carried and the foregoing resolution adopted ITEM#7 PETITION 2001-01-02-02 Perry Drug Stores, me(Rite Aid Pharmney) Mr. Pietcecchi, Secretary, announced the nextitem w the agenda is Petition 2001-01-02-02 by Perry Drug Stores, Inc. d/b/a Rite Aid Pharmacy requesting waiver use approval to expand the use of an SDM license within an existing building located on the north side of Seven Mile Road between Farmington Road and Norwich Road in the S.P. 1/4 of Section 4. Mr. Taorrwna presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCaw: Is there any correspondence? Mr. Nowak There are four items of correspondence. The first dour is a letter heart the Inspection Depashnent, dated January 17, 2001, which reads as follows: "Pursuant to your request of hor uary 12, 2001, the above referencedpention has been reviewed this Department has an objection to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. The second letter is from the Deparhn®t of Public Safety, dated January 22, 2001, which reads as follows: "We have reviewed the proposed sitep/an regarding the above listedpention andhave no objections to the plan as submitted." The lett is signed by Wesley McKee, Sergeant, Traffic Bureau The third letter is from the Livonia Fire & Rescue, dated January 29, 2001, which reads as follows: 'This office has reviewed the site plan submitted in connection with a request to add space to an existing budding located on property located at the above referenced address. We have no objections to thu proposed" The letter is signed by James H Corcoran, Fine Marshal. The fourth lett is from the Engineering Division, dated January 31, 2001, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above referenced petition. The Engineering Division has no objections 0 the 18371 proposal at this time. Thejollowing approximately legal description should be used in connection with this pennon: 'Thatpartofffie Southeastl4of Section 4 T. IS., R 9E., City of Livonia Wayne County, Michigan more particularly described as beginning at a point distant South 89057'70" West, 1,050.00 feet and North 00'0050" West, 195.00 feet Jiom the Southeast corner ofSection 4 and proceeding thence South 89057'70" Wes; 80.00 feet,; thence North 0060050" West, 75.00 feet,' thence South 8905770" West, 20.00 feet,; thence North 00600'50" Wes; 25.00 feet,; thence North 8905710" East, 100.feeg thence South 00000050"Ema, 40.00 feet to the point of beginning.' We trust that this will provide you with the information requested" The lett is signed by David Lear, PE., Civil Engineer. Thatis the extent of the correspondence. Mr. McCain: Is tie petitioner heretbis evenmg? Sohn Doyle, 2100 Science Parkway, Okemos, Michigan. Mr. McCain: Do you represent the petitioner! Mr. Doyle: Yes I do and I an also the Assistant Secretary of the Corporation. Mr. McCain: Is there anything additional we need to know? Mr. Doyle: No. Just that this location, before the expansion, has been licensed since 1980. I would point out tbat there were two violations at this location.; one was when Rite Aid bought out Perry wi8rout full permission from the Liquor Commission. They lransfeaed the stock in 1995 and then due to a mistake on my Part, basically that we had not gone tbrougb this process to get the waiver use approval, we did receive a violation Goin MLCC for adding space without prior permission. I would note that MLCC Enforcement Division bas recommended approval ofihis expansion as well. Mr. Alauskas: Regarding the expansion of 3700 sq. ft how many square feet are you going to have for your beer and wive? Mr. Doyle: When they expanded the space, they built a new cooler. It is my understanding that the new coolers are approximately 20 fret long. Mr. Alayskas: Do you have any percentages of what you are selling now an beer and wive an that store? Mr. Doyle: Not an that particular store but in general when it is beer and wine, it averages anywhere between 7% and 10% of total sales. That is the average of any Rite Aid location. Mr. Alayskas: Allright Thankyou Mr. McCann: Are there arty further questions from the Commissioners? Heanng nore, I will go to the audience. Is there anybody an the audience who wishes to speak for 18372 or against this petition? Seeing no one, I will close the Public Hearing. A motion is in order. On a motion by Mr. Alanskas, seconded by Mr. Shane and unsummously approved it was #2-37-2001 RESOLVED that, pursuantto a Public Hearing having been held by the City Planning Commission on February 27, 2001, on Petition 2001-01-02-02 by Perry Drug Stores, Inc. d/b/a Rite olid Phamhacy requesting waiver use approval to expand the use of an SDM license within an existing building located on the north side of Seven Mile Road between Farmington Road and Norwich Road in the S.F. 1/4 of Section 4, the Planning Commission does hereby recommend to the City Council that Petition 2001-01-02-02 by Perry Drug Stores, Inc, d/b/a Rite Aid Pharmacy be approved subject to the waiving of the 500 foot separation requirement set forth in Section 11.03(r)(1) of the Zoning Ordinance by the City Council 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 Ordinance4543; 2) That the subject site has the capacity to accommodate the proposed use; 3) That the proposed use is compatible to and in harmony with the surrounding uses in the area; and 4) That the granting of this petition will notincrewe the number of SDM hcensed facilities in this area FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance 4543, as amended. Mr. McCann: Is there any discussion? Mr. LaPine: I amjust curious on this. They have to go to Council to get the 500 foot separation. They already have that from the ongmal tame they received then hquorlicense. Whydowegothroughthatprocedureagain? Mr. Taomtim: I am not sire whether or not it is necessary. To have it included in the language of the approving resolution this evening, at least avoids the need to have to come back if for some reason it is detemhmed they would have to. Mr.LaPme: Thank you Mr. Chanmnn. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution is adopted Itwill go onto City Council with an approNing resolution 18373 ITEM #7 PETITION 2001-02-03-03 Xing Shoo Wang (Panda Restaurant) Mr. Piereecchi, Secretary, announced the next item on the agenda is Petition 2001-01-02-03 by Petition 2001-01-02-03 by Xing Shoo Wang (Panda Restaurant) requesting waiver use approva] to renovate the interior of a leasing out in an existing place to establish a fast food Chinese restaurant on the north side of Schoolcrafr between Inkster Read and Cardwell Aven ce in the SP. 1/4 of Section24. Mr. McCain: Is there any correspondence: Mr. Nowak Therearefturitansofermespondence. Tbefrstisaletterfromthe Engineering Division, dated February 2, 2001, which reads as follows: "Pursuant to your request, the Engeneeeng Division has reviewed the above referenced petition. The Engweering Division has an objections to the proposal at this time. Thefollowmg approx4nate legal description shouldbe used in connection with the above referencedpention: 'That part ofthe Southeast 1/4 ofSecdon 24, T. IS. R. 9E, City ofLivonia, Wayne County, Michigan more particularly described as beginning ata point dstaat Norh 90'00'00" West, 360. 00feet and North 00'00'00" West, 300.00 feet Jiom the Southeast corner ofSection 24 and proceeding hence North 90'00'00" Ws;79.00 feet,; hence North 00'00'00" West, 99. 50feeg thence South 90'00'00"Eos479.00 feet,; thence South 00000'00"Ear, 99.50 feet to the point ofbegimnng.' We trust that this will provide you with the information requested." The lett is signed by David Lear, P.R, Civil Engineer. The second letter is from the Deparhnent of Public Safety, dated February 5, 2001, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to renovate the interim of leasing unit in an existing plaza to establish a fast food Chinese restaurant on property Incaution the above referencedaddress. We have no objections to this proposal." The letter is signed by Samos E. Corcoran, Fire Marshal The third ]elm is from the Inspection Deparhnent, dated February 7,2 001, which reads as follows: "Pursuant to your request of hinuary 30, 2001, the above referencedpetwon has been reviewed The following a noted: "Arty accessibility or barrier issues will be addressed at plan review/permit application. This Department has nofrvther objectuins to this petition." The litter is signed by Alex Bishop, Assistant Director of Inspection- The fourth letter is from the Division of Police, dated February 8, 2001, which reads as follows: "We have reviewed the proposed site plans and have no objections to the plans as submitted We would recommend that attention be given to the rear exterior lighting so that there is more than adequate illumination far the rear area oj'the building." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau That is the exert of the correspondence. Mr. McCain: Is the petitionerhere this evemn�t Xing Shan Wang 2905 Washmaw, Ypsilanti, Michigan 48197. Mr. McCann: Is there anything additional about the proposal that you would bke to toll us? 18374 Mr. Wang: No. Mr. McCann: Are there my questions man the Commissioners? Mrs. Koons: Do you have any other Chinese restaurants at the area? Mr. Wang: Chinese Buffet in Ypsilanti. Mrs. Koons: Thankyor. Mr. Alayskas: How many days a week will you be open? Mr. Wang: Seven days. Mr. Alanskas: What will your haus be? Mr. Wang: 11:00 am to 10:00 p.m. Mr. LaPine: What kind of operation is this? Will you serve people at tables? Mr. Wang: It is take out and sit down. It will serve about 30 to 40 people. Mr. LaPtne: Do you have people who wait on the tables and take orders or do the people just go up to a buffet type style? Mr. Wang: It is not a buffet style. Mr. LaPine: So you do actually have waitresses that serve people and people can call in for pickup orders. Is that correct? Mr. Wang: Yes. Mr. Piercecchi: Mark, or Al, I drove by there yesterday and I think we can take a bow, all of us, for improving that site. I didn't go in the back of that bolding but there seemed to be some intInmemeats made on the bolding site itself. It didn't torch the AAA building. Have either of you two gentlemen been an the back where there the walls were half painted? Mr. Taormina: I drove back there today and noticed that the entire length of the screen wall, at least on the commercial side had been painted to match the color of the briding and the building itself was repainted to match the colo of the front of the bolding which is a beige. It is all one uniform colo, freshly painted front, side and rear as well as the screen wall with the exception of the metal canopy of fascia along the AAA lauding. Mr. Pienceechi: Is that going to be worked on in the near bonne? Has anybody gothn any indication on that? 18375 Mr. Taormina: We have had some inquiries. There is nothing pending at this point in time Whether or not that was part of the decision of why it hasn't been painted or whether or not the weather was a factor. I really don't know why that aspect has not been taken care of. Mr. Pierverchi: Thanks. Mr. LaPme: But you have to admit that the pavement behind that budding is in terrible shape. Mr.Taormina: That part has not been taken care. Mr. LaPine: He did not say when he was going to fix it, just in the near fudue. Mr. Taormina: That is correct Mr. McCann: I am going to go to the audience. Is there anybody in the audience wishing to speak for or against this petition? Seeing no one, I will close the Public Hearing. A motion is in order. On a motion by Mr. Shane, seconded by Mrs. Koons and unanimously approved it was #2-35-2001 RESOLVED that, pursuantto aPubfic Hearing having been hell by the City Planning Commission on February 27, 2001, on Petition 2001-01-02-03 by Petition 2001-01-02-03 by Xing Sbou Wang (Panda Restaurant) requesting waiver use approval to renovate the interior of leasing out an an existing plaza to establish a fast food Chinese restaurant on the north side of Schoolcrafr between Inkster Road and Cardwell Avenue in the SE. 1/4 of Swfion24. 1) That the subject restaurant is hereby approved as a hill ser vice restatuart wi0r the stipulation that the number of customer seals shall be limited to no more than 40 seats and 2) Iluthe accessibility and barrier free issues referred to in the correspondence dated February 7, 2001 from the Inspection Department sball be resolved to that departments satisfaction. For the following reasons: 1) That the proposed use is in compfioace with all of the special and general waiver use standards and requirements as set forth in Section 11.03 and 19.06 of the Zoning Ordinance 4543; 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 18376 FURTHER RESOLVED that, notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance 4543, as amended. Mr. McCann: Is there any discussion? Mr. Shane: Any time we can find a use fm vacant commercial building to this City, I think should look seriously to that and for that reason that is the reason why I am supporting this petition. Mr. McCann: I agree with you and I flunk this will be a good use. Mr. Taormina: If may, and this isjust in the irrterest of the petitioner whether or not the limitation on the 30 customer seats is something that would be acceptable to them because the indication today was that the seating could be as much as 40. Mr. McCann: He would have to go to the ZBA to expand it, correct? Mr. Taormina: He could operate. I believe the petition was filed for a frill service restaurmrt at this location? Mr. Nowak It didn'tsay that in exact wording in the application but he did supply a floor plan that showed 32 seats. Mr. Taormina: But the way it was advertised would not preclude the Planning Cormnission from approving this as a frill service if in fact the 40 is what they are looking to have. Maybe that is a question we should direct to the petitioner. Mr. McCann: I71 do that at this moment To the petitioner, what is the number of seating you are going to need within this restaurant? Mr. Wang: 40 seats. Mr. McCann: Your application was for 40 seats? Mr. Wang: 40. Mr. McCann: Is there any objection to doing this as a full service restamaN? Mr. Sbane: As long as the building has the capacity and I know the site does, I have no objection. Mr. LaPme: I have no objectiom Mr. McCann: It will be amended as so. Do you recommend that do this as a fill service restaurant or 40 seats, Mr. Taormina? 18377 Mr. Taormina: Full service %,until be limited by its capacity for seating. Mr. McCann: That would be fine. It will be approved as a full service restaurant It will go on to City Carvell with an approving resolution. Mr. McCain, Chairman, declared the motion is tamed and the foregoing resolution adopted ITEM#9 PETITION 2001-01-06-01 City Planning Commission (Photographic Studios) Mr. Piercecchi, Secretary, announced Poe nextitem on the agenda is Petition 2001-01-06-01 by the City Planning Covmtissior. prismatic, CR 4%1-00 and pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 9.03 of the Zo ang Ordinance to allow the operation of photographic studios as a waiver use in the OS district Mr. McCann: Mr. Taormina, this petition is from the Planning Commission pursuant m resolution from the Council as to amend the photographic studios as a waiver use. Ib you want m give us a brief description of the amendment? Mr. Taormina: The language amendment would allow for photographic studios as a waiver use in the OS district This proposal is an outgrowth of a petition by Jim Morphew, the owner ofLaMoore Photography Studio, which had petitioned the Planning Commission to rezone property on the west side ofFamtingum Road between Lyndon and Five Mile Road to allow for the construction of a new commercial building that would be occupied, in part, by thein business. The Planning Commission recommended a denial of that petition and the petitionets representative routed a letter the Council which requested that the City consider a language amendment that would allow for this type of we, which is currently not allowed in the OS district to be a waiver use within that district and it was after the review of that request that the Council referred the question of whether or not the ordinance should be amended to allow for photographic studio as a waiver use in the OS district It is that basis that we provided some draft language for you to consider which is really some of the language that was offered by the representative of Mr. Morphew, Mr. Kokenaukas, who is here to provide some additional information on this item Mr. McCann: All right I will go to the audience. Is there anyone in the audience who wisbes to speak for or against this petition? Frank Kokenaukas, Brasher and Tangom, 33300 Five Mile Road, Livonia. I amhere today representing Mr. Morphew ofLaMoore Photography. Mr. Tao=a's review of the historic issues regarding this matter are aceurato. The initial reason was to change a R- 1 area into a C- 1 area That was denied by the Council and the Commission. We did indicate in a letter to the City Council that we were interested in looking at the issue of changing the waiver use. Whether the waiver use under Section 9.03 me allowable to allow the operation of a 18378 photographic studio. We believe that in fact photographic studios as the type Mr. Morphew operates are more akin to the OS district uses and that photo studios can appropriately be considered by this Commission as potential waiver uses. I would note that the qualifications for operating this type of business entity as a professional entity is within the purview of a waiver use as mdicatedunder the current ordinance. Asyouwillnotethepre-existing waiver uses that are mentioned under the OS district are real estate offices, insurance offices, credit union offices and dance, music andnstmmeabl studios. These we believe are similar to the type of photographic studio that Mr. Morphew operates. We understand that the City does not want a business dig operates in a commercial mawer in an office setting. We don'twant unpredictable traffic, displays of merchandise, awkward signage for obvious reasons. But LaMoore Smdioswouldpresmtnmeofthesepmblems. Allot the clients contacts with the studio begin by telephone. All services are bandied by appomtmsm. Ibey have no retail items for sale. ILe buildng plans that they have provided earlier would match my existing offices that currently exist, such as MetroVision or across the street where there are office buildings. In this situation, LaMoore Photography would seek no more additional signage. The studio does function in a professional mawer. Let nie just mention that for a mimate. I will be making these statements because Mr. Morphew is actually on a photo shoot at the Osaka Corporation and apparently is not going to arrive today. It should be noted, now more than ever, as photography makes a transition from the film based images to digital images. The ongoing framing is required through additional college courses, seminars and workshops. The daily operation of the studio is very similarto other professional practices such as accountants, lawyers, doctors or dentists. All the business originates, as I said, by phone calls or by appoidamm The sessions take place in the studio or in the surrounding land by the studio or at a clients home or at a nearby park. They also provide such things as wedding coverages on location, m you might imagine. The LaMoore operation does not sell film, cameras or o5ner related matters, does not develop film or print film on site. Mr. Mopinew has told me, as a matter of fact, one of the strongest indications of the appropriateness of operating this type of business in the office zoning district is by moving his business, he would be moving from a store frort to a much less visible area with less signage and exposure. He is very confident that he could maintain 100% of his business. I would indicate that, fir this type of photographic business, that the professionalism and level of knowledge is much higher than it would be fir a department store photo department Mr. Morphew, himself, has attended many classes, seminars and workshops. He recently spent six days in Biloxi, Mississippi attending seminars sponsored by the Professional Photographers of America. He has been a member of that association since 1981. Ibe topic ofthe seminars range from writing business and marketing plans to creating mDstanding digital images. As he has told me on numerous occasions, today a professional photographer most not only be an artisan but must have advance knowledge of the scientific aspects of photography. One of his own staff is a second -generation photographer with twmnly years of experience, another is a graduate from Grand Valley State with a Bachelors Degree in Fine Ads, with an emphasis in photography. As the Commission probably knows, there are 18379 many schools offering four year degrees specifically in photography such as the Center for Creative Studies in Detroit Saying that, if we would look at those types of actions, the way the business is conducted by Mr. Morphew, that type of photographic business, those types of efforts would, in my mind. be far closer, or akin to the type of uses you would see in an office district and I think A is appropriate that the Commission consider the amendment of that portion of the OS district ordinance that deals with waiver use and include photographic studios in that I did make a suggestion to Council and that is if you are going to allow this that there should be, in fact, some limitations. That A couldn't necessarily allow any type of photographic studio. We might suggest for example, that the amendment to the Article would provide that the photographic studio most be the primary or sole business and not part of a department store situation or some secondary business. Also, that cameras and photographic supplies could not be sold, and that the development and printing of photographs would not be allowed With those types of guidelines, I think it would be appropriate to allow under the right situation, the waiver use in the OS district of photographic studios. That is the reason we are here today. That does not necessarily resolve all the issues that Mr. Mmphew might have. I understand that but in regard to this particular issue we believe that there are good grounds to allow an amendment to the waiver use section under 9.03 under the Ordmance. My final comment would simply be that I believe also that the standards required under Section19.06 which talk about traffic flows and patron attendance and pedestrian traffic, and those type of things, would not be violated, curtailed or hindered by allowing this type of usage in an OS district I think the Commission is aware, for example, that there are office structures across the street from this particular site and that those issues under 19.06 are not troublesome at this time. So in conclusion, realizing that the precise issue before the Commission right now is whether we should allow an amendment of the waiver use section of the office services district We believe that we have set forth a reasonable case to consider that Mr. McCann: Thank you Mr. Kokmaukas. Before I go to the other Commissioners, would you describe your clients photographic studio typical ofmwst photographic studios out there today? Mr. Kokenaukas: I think my belief is that Mr. MorpheWs studio and LaMoore photography might be different, or at least is grouped with a select few photographers that in fact, don't have typical walk- in track that everything is set up by appointmerd He has moved, I can't speak for other photographers, but he has moved to a major digital imaging system and he does no film developing on site. In that regard, he may set himself apart almnigh, I am sure there are other fine photographers in the City that may do the same type of work. Mr. McCann: One of the things that most of the photography studios that I have been to has sold the frames. They sell artwork or some of their artwork They pert signs not that they advertise in the yellow pages for walk-ins that they do passport photography. That they do numerous other types of photography beyond what your client is doing null =wondering how do we separate between whatI 18380 see as the typical photographic studio that is full service oriented, provides the photographs as well as the finning, as well as the accessories. Mr. Kokenaukas: I believe Mr. Maphew, when he was here the lantime, and I willjust refresh the Commissioners' recollection, his anstemed was that they will flame then own patron's pictures, but they don'tsell firmes to the general public. I sm not aware of him ever memo ng that he did passport photos, specifically, or offer that That basically his type of work is portrait work or major industrial work, as he indicated to me, he was going to be at the Osaka Corporation this evening and doing that type of major photographic shoot, valued at thousands and thousands dollars. Mr. McCann: I understand but I sm looking for a practical matter as to differentiate photographic studios from the type of work that he does because if we include photographic studios, we are generally going to include the ones that do a lot of these other services. Mr. Kokennukas: I know, for example, that pbotographic studios in deparhnent steres, you raise a good point, you actually show up and walk in. I don't believe that he allows that basically, that typically they dont have walk-ins. Mr. McCann: I am thinl®g more like an Olin Mills where they have signs an the doors that say, "Welcome, Come Ira" They sell fiames and things. They put signs ant They put leaflets out They send door to door with literature. Mr. Kokenaukas: I sm not necessarily familiar with the Olin Nfills business practices but it sands like, from what you are telling me, they are aggressively marketing those type of things and Ijust have not gotten the same holression from Mr. Morphew. Mr. McCann: I don't either but I don't know how he differentiates because we are trying to detemtine what is proper for a Gl district, which is not quite a C-2 district, for general commercial and I think that is how photographic studios got into C-1 district and not the 08 district to begin with Yom client presem a special problem and I am not so sure wbether we should be dealing with the ordinance or whether it could be dealt with the ZBA in your client's particular case or whether it is just one of those problem areas tbatjust doesn't quite mesh. Mr. Kokena ukas: There certainly is a problemregarding the changing phase of photography in just the technical aspects of it that raise photographers of his status to a professional status which requires specialized training and I guess in answer to your specific question, if you prohibit the sale of cantons and photographic equrpmed of developing and pining photographs on site, it gets problematic in the sense of prohibiting passports, that would be difficult I don't flunk would affect my client but think it would be a difficult ordinance issue. 18381 Mr. McCann: Hutt feel hike we arewriting an ordinance foryo r client not bathe general public. I would mther by and reclassify your client as to by and reclassify the ordinance. I am going to go to the other Coumissimers. Mr. Piercecchi: Sir, what is the problem with you client finding space in a C-1 area. There is a lot ofvacaut C-1 property. What is so valuable abort that piece? He is going to tear down a hose and put up a building for this operation. Right? Mr. Kokmaukas: Yes. He is in a store frontright now, which camot be expanded at this point He doesnl own it, of course. I think his issue was that he wanted to develop a building that, first and foremost, met his own specific needs and he has presented some plans as to his ideas as to the type of studio setting he would have regarding the actual shooting area versus the actual client meeting area and that type of thing. I think his plan was notjust to build a studio but to build an additional budding that would allow space for other professionals, such as accountants, drat type of thing. The main thing was to build his own structure thatmet all his particular needs and to stay in Livonia. Hedidwan to slay in Livonia. I believe he, did in fact, look at other areas. Mr. Piercecchi: I, for one sir, am convinced thathe coal find that euvn urnent some place here in Livonia As far as, I think our Chairman was absolutely correct when he talks about pulling a photographic studio in an OS. If the next guy comes to and wants to put in developng equipment and sell cameras and goes to court and says, "I am a photographic studio and the City wank let me do it" you know dam well he would win. Mrs. Koons: There is a piece I cant past which is I agree with you that Mr. Morphewis very skilled and very professional butjust going through the senior picture Poing with my daughters, we do call to make an appointment We go get the pictures taken. We go back for another appointment to pick up the Mots then we wait and go pick up the product It is the product piece, even though he is not selling cameras or film or fiames, there is stll a product involved that you go and buy. It me that doeml feel like office services. I do think Mr. Morphew was an excellent exemplary photographic studio but in my mind it is sfillbusiness. Thankyou. Mr. LaPine: My problem is, I dual think we should take an ordinance that is an the books w3rere certain things are permittad in certain areas and say, 'Now we are gong W pull this out to accommodate me petitioner." All we are doing there is opening up the Pandora's box then we have another ordinance where someone will say," I dual think this belongs there. We should have a special deal for us because we want to go into this district because it is better for us." Have you checked with other skarounding conrummes as to wbat districts they have photographic studios in? Mr. Kokmaukas: My response is, Mr. LaPine, that Mr. Morphew advised me that he had checked and that for example, they would allow photographic studios in Northville. Whether it was to the city of or Northville Township, I am not quite sure but that was me area that he did check. 18382 Mr. LaPine: The two coamurnities that I did check they were strictly in commercial areas. If you drive ruam i the City, I am a salesman. I work for a graphic arts fan so I am involved with a lot of photographic studios and most ofibem are in commercial or industrial areas because they do a lot of industrial work Maybe he doesn't They have to have large studios. They have to have a place to bring in vehicles to shoot or products to shoot. Apparently I asked hnn at the meeting if he did work for advertising agencies and he said, "No." And tonightyon are telling me that he is ad tonight at some industrial place taking shots which tends to lead me to believe that he does outside work with big studios or big agencies or big companies to sboot other than portraits. I thought he was strictly a portrait nnn. If he is, and that is all he does, I donl see why he iml in a commercial area because most of those people sell you the pictures, then they try to fiame them for you because that is an additional charge. In my opinioq I dual think we should amend the ordinavcejust to accommodate one individual and I think we will open up a Pandora's box again and how do you control at, hike Mr. Piercecchi said. The next guy that comes in may be doing all the things that your client doeml do but we rant say you coal do it and he says, 'I am still a photographer." So I dual think believe there is any reason why we sbould amend the ordinance. Mr. McCann: Is there anything further, Mr. Kokerwdaw? Mr. Kokenaukas: I have nothing further. Mr. McCann: I am going to go to the audience. Is tree anybody in the audience wbo wishes In speak for or against this petition? See nobody, I will close the Public Hearing. A motion is in order. On a motion by Mr. Pien ecchi, seconded by Mr. LaPine and unanimously approved it was #2-39-2001 RESOLVED that, puramot to a Public Hearing having been by the City Planning Commission on February 27, 2001, on Petition 2001-01-06-01 by the City Planning Commission, pursuant to CR #901-00 and puaumd to Section 23.01(a) of Ordinance 4543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 9.03 of the Zoning Ordinance to allow the operation ofphomgraphic studios as a waiver we in the OS district, the City Planning Commission does hereby recommend to the City Council that Petition 2001-01-06-01 be denied for the following reasons: 1) That the proposed Zoning Ordinance language amendment is not needed to accommodate the subject land use in the City, 2) That the Zoning Ordinance currently contains sufficient language to adequately provide for the subject use in proper locations: and 3) That the proposed Zoning Ordinance language amendment will promote non -office uses in a zoning district designed to accommodate professional and general offices. 18383 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. Mc Cam: Is there any discussion? Mr. Alanskas: I will be voting to deny. I thinly forgdjust the photographic, I think dfwe even considered putting a waiver in this OS for this particular field, that someone down the road will say, "Ibe got a business that is kind of related I am not a photographer but I do things that are close to this so I want you 0 give me waiver." Then down the road another persons comes along and says, 'I've got this business, etc." It isjustlike Mr. LaPme says, itjust bolds and it does not belong in OS. Mr. Sbane: Ijust want to make the note that the Zoning Ordinance already has more than one zoning district which allows these kinds of uses and permitted uses. lam not convinced that we need another one to do the same. I think if we did try to construct an ordinance for this particular use, we would be hard pressed to find conditions specific enough to not allow the undesirable uses that we have been talking about I will be voting for this denial resolution Mr. McCaw, Chairman, declared the motion is carried and the foregoing resolution adopted It will be recommended to Council that the Ordinance not be amended Ibis concludes the Public Hearing 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 Audiencepar mpa mwillrequreuuandmousconse fmmthe Commission ITEM#10 PETITION 2000-12-02-27 Sam Baki (Shay Estates Condominiums) Mr. Piemecchi, Secretary, amouced the nest item on the agenda is Petition 2000-12-02-37 by Sam Bald (Shay Estates Condominiams) requesting waiver use approval to construct a Planned Residential Development consisting of cluster housing on property located on the south side of Seven Mile Road between Parklane Drive and Fairway Drive in the N.E. 1/4 of Section 8. On a motive by Mr. Sbane, seconded by Mrs. Koons and unanimously approved it was 2-402001 RESOLVED that, pursuant to a Public Hearing having been held by the City Planning Commission on January 30, 2001, on Petition 2000-12-02-37 by Sam Bald (Shay Estates Condominiums) requesting waiver use approval to constnuct a Planned Residential Development consisting ofekuster housing on property located on the south aide of Seven Mile Road between Parklane Drive and Fairway Drive in the N.E. 1/4 of Section 8, the City Planning Commission does hereby recommend that Petition 2000-12-02-37 be removed from the table. 18384 Mr. McCain: Mr. Taormina, have there been some additions to the plans? Do you want to have Mr. Bala show them to us? Mr. Tacamiva: It is probably appropriate that he describe the changes. Sam Bald, Unique Home Builders, 36800 Seven Mile Road, Livonia, Michigan. We revised our plans to acconnnodate the site by specifying what we are going to be building on site on each location On cluster zoning we can do that This piecehasan R-3andR-4zoning. WiPoaII including Poe historical house, the piece south of it, allows up w 5.7 units per parcel. Under the R-4 zoning we only have five units. On the west side, which is R 3 zoning, we are allowed to have up no 3.7 traits. We have three units there. So we meet the regiumm®1 for the cluster. At this time, after the meetings and discussions with the neighboring property owners, we came to an agreement that we will have 1800 sq. ft retches built on this site. We are showing three urns A this time. We have a 2550 sq. ftto 2600 sq. ft. story and a half unit will be built on this site, which is shown as some of these units. We are not going to exceed the square footage. This is what is going to be built there. The peak height not to exceed 28 feet for the story and a half and the ranch is going to be under 22 ft I don't have a specific because we right have to spice it up and maloe it a ]tittle nicer for elevation It might be 22 feet or 23 feet We have all the setbacks and we show all the berms and trees. Mr. Pierrecchi: Did you say 2560 sq. ft? Mr. Bald: Square footage is going to be around 2550 sq. ft to 2600 sq. ft, roughly. Mr. Piemecchi: So you anent going to build a two story, th®? Mr. Bald: No. Mr. Piemecchi: Then the height is going to be 28 feet Mr. Bak: Max, not to exceed. Mr. Piemecchi: That serves as an improvemert. Ihat will only be two fed higher than the highest adjacent property. Mr. Bak: Yes. Mr. Piecerchi: And you have talked to all of the residents and they buy into this scheme? Residents: Yes. Mr. Bak: Several of the residents had to leave bd I do have a large support on this new layout Mr. McCain: What about the greenbelt that surrounds it? 18385 Mr. Bald: We have a greenbelt from the from all the way around We put to grembehs all the way around the whole property now, as a condo style cluster. With all of the green, actual grass, sodded completely between the units. It will be a me shot development Mr. McCain: The retention pond, how is that going to work? Mr. Bald: We will pert to a reterrom pond to two spats. This shows there is a manhole emsting here. That is how we laid it out at this comm. We have asmall detention pond here. We noticed this is me of the low areas at this property where we will accommodate for it We will assist some of the neighboring properties if they have a problem with their drainage to drain onto our property. Mr. LaPine: House 41, the back of the house is 22 fret from the property line to the house m Parklme Drive. Is thatright? Mr. Bald: That is the side of it Mr. LaPdne: The existing house to remade, 42, you have a new two car attached garage The plan ]mks like to me if you take firm the comer of the house, m 41 and you draw a line across, you look like you are rigbt in line with the garage of the existing house. Mr. Bald: But this is a cluster, as long as you have 18 feet distance between them Mr. LaPme: You don't have my room between the two homes. Mr. Bald: There is more than 22 feet The zoning allows us to have, under R-3 zoating, allows to 16 feet and the R-4 is 20 feet We supercede on both These are two side yards abutting each other. Mr. LaPine: Thank you, Mr. Chairman. Mr.Piemecchi: Whatkmdofmixareyougmagtohavemthere? Aretheygmagtobebuilt according to demand from the people? Do you have a plm where the story and a half are gome Mr. Bald: Some of the plans that I submitted before, we are using the same story and a half, which was w6nm as 2450 sq. ft and the same ranch which I showed as 2000 sq. ft, I reduced it down to 1800 sq. ft Mr. Pierexedn I understood that. Do you have a definite plan where you are going to put the story and a half and where ym are going to put the roaches? Mr. Bald: Yes. We have three ranches here and we have the three story and a halves here. 1113 1 Mr. Piemacchi: Amthe story and ahalf adjacent to where the higher homes are right now! Mr. Bald: Yes. This one is next to a two-story home, here we have a much and that is why we plat all of these ranches on this side. I think this house on lot 41 is a colonial. That is why we plat a story and a half here. Mr. Piercecchi: I want to commend your changes. Mr. Bald: Tbankyou. Mr. Sbane: The house 44, it seems to me that you need some kind of ahun around When he tries to back out of his garage, he has a long way to back out Mr. Bald: We might do something to here to Goat of his hone. We allow 25 feet for each house for a from yard. We might do something like that as part of the final design. Mr. Shaue: OX. I would like to comment on Mr. LaPine's problem with 41. If you couldjust cock that building a little bit so A is closer to being parallel to the newroad. I think it would a little bit better arrangement KnowwhatIam saymg? Mr. Bald: I understand what you are saying. I do have the room but I did it this way mskad ofjust having a straight line. Mr. Sbane: If you couldjust cock is a little bit further away. Move it east Mr. Bald: All right Mr. LaPme: What is the distance an house 41 from the side to where the detention ponds are? Mr. Bald: Approxtmately 15 feet Mr. LaPme: TLankyou. Mr. McCann: This is a pending item. Is there anybody in the audience that wishes to speak on this petition this evening? Is there any objection Gom the Planning Commission allowing them to speak?. Hearing none, sir, please come up. Ted Gohmilka, 36240 Clarity I would litre to say the neighbors did meet withMr. Bald and we are generally very pleased with everything he has done to accommodate our concerns about the harmony with the proposed homes with the surrounding neighborhood On the whole, I don't have anything negative to say. I am speaking for myself only. I am the homeowner at the far south end of the development I was looking possibly at two very giant, tall homes right behind me, earlier, and know am looking a home of something like 28 feet which is not all that different from my two story colonial. It is not directly behind me. I am kind of abating A with my neigbbors, so to speak Iam 18387 pleased with the whole site plan. Iguess, the only thing I would have to say, and it is not that I disapprove of it I amjust not quite sure how the detention pond is going to work, which is drectiy behind my house. I have Mr. Bald's assurance that it will drain within 24 haus after the biggest foreseeable storm I guess A is a depression in the grass and in the middle of it is a sewer grate. It drains at a controlled rate and I have his word that it is not going to be a pond for more than 24 hours at a stretch. Mr. McCann: You are asking the wrong people. If you are concerned about it, you can go talk to the Engineering Department because they are the ones that approve it and they can better explain how it works. They are the ones that will go out and inspect it to make sure that it is done properly. Mr. Gohnilka: O%. He has gone out of his way to make A appealing to most of the neighbors. I have heard some people they don't like that there is more car less a road in Poen backyard But for myself, I am very pleased with the revised site plan and I hope and the City Council will hold him to the limitations that he has placed there on our behalf. Mr. McCain: Itiscondoirminm Itisapprovedtlewayitgoes. The Building hxpectors worh them move anybody in hard it is dove Poe rightway. Mr. Gohnhllm: O.K Thank you Camille Bride, 18999 Fairway. I would like to briefly to make a statement that I feel compelled to make regarding the process of the development of the Shay Estates. My husband and I purchased err house specifically because we were told that the land behind us was locked and therefore, not subject to development Years later we found our that this was not true. In the process of discussion between my neighbors and the developer, Mr. Bald, we had been given the option to purchase the southern third of the land Much effort was made in figuring out a plan to purchase it I say this because I want the Commission to know that our deepest desire was and is to keep the land undeveloped My neighbors and I thought we had a chance in the option to buy and worked diligently to make it happen. A u nha amous agreemem was reached and we made Mr. Bald an offer which was rejected but in its place an alternative plan was presented The one that you have now before you. Because our very best effort was made to salvage the land from development, I personally feel satisfied that we did all we could and when the bulldozers begin their work I will be sad but I won't be angry. I would like to thank Mr. Bald for meeting with us as he did, for listrndng to us and for twdce, modifyms; the plans and for reducing the s¢e of the houses. If this final plan passes the Commission and the Council, I trust that Mr. Bald will see that there is strict adherence to its development I personally would like to thank Mr. Shay for keepdng the land undeveloped and available for our pleasure for as long as he did and also formeeting wiHu us during this process. But the most posdtive experience forme is that I had Sue pleasore ofgelting to know my neighbors, ofworkivg with them and of budding a community with Poem I stand nowbefrre you to express my apprecud onto theram this effort My 18388 young son, John, had the opportunity to see firsthand the format for appeal. He was able to see that the voice of the people is necessary and that we, the citizens, have the &eedcm to speak or mind He was able to see that compromise is a workable process and that those we elect, can make a difference. I thank you- Mr. ou Mr. McCann: Thank you That was very nice. Richard Bunnows, 19065 Fairway. Ijust wanted to say that I also have been able to review the plan I would hike to thank Mr. Bald for mdulgjng all the neighbors and "sitingwiffi amdtakmgmtoaccamtallofa complamts. Butultmnately it seems that we really worked together and came up with something that the neighbors have been able to embrace. Ijust warn w ask the Commission to accept Mr. Baki's proposal and say it has been nice working with him as well as with the Shays. It is really nice that he was able to indulge us and take into accourR our recommendations. ILank you. Mr. McCann: It is a pleasure for us on the Planning Cor®ission as well as everybody in the audience that you worked so well together. Mr. Taomtina you aren't going to through a wrench in this, are you? Mr. Taormina: All I would like for Mr. Baku to do, for the record, is indicate which office units by number you propose to build the ranches. He indicated earlier on the plan, by pointing to those mats but unfortunately our cameo didn't pick that np. Mr. Bali: 5, 6, and 7 wall be couches. Mr. Ta mo na: And the remainder are? Mr. Bald: Cape cods, a story and a half. On a motive by Mr. Share, seconded by Mr. Pienecchi and unanimously approved it was #2-41-2001 RESOLVED that, pursuant to a Public Hearing having been held by the City Planning Commission on Petition 2000-12-02-37 by Sam Bali (Shay Estates Condominium) requesting waiver use approval to construct a Planned Residential Development consisting of cluster housing on property located on the south side of Seven Mile Road between Parklane Drive and Fairway Drive in the NH 1/4 of Section 8, the Planning Commission does hereby recommend to the City Council that Petition 2000-12-02-37 be approved subject to the granting of a variance by the Zoning Board of Appeals fir deficient setback from a major thoroughfare and subject to the following additional conditions: 1. That the site plan, submitted by Sam Bald, with a revision date of February 20, 2001, is hereby approved and shall be adhered to, 1113 ] 2. That the following requirements; shall be incorporated into the Master Deed of the subject condominium project: • That the floor area for the proposed dwellings sball not exceed 1,800 sq. ft for me story units and 2,600 sq. ft for a story and a half units and that the height of the homes sball not exceed 28; • That the first floor and chi nney of each cond mura= unit sball be brick on all four sides and the total amount of brick on each mit shall not be less dim 70% on two-story and not less than 90% on me -story dwellings; 3. That the brick used in the croshuction of each cmdominirm unit shall be full face 4 inch brick, no eueptions; 4. That all landscaping shown on the above referenced site plan shall be installed to the satisfaction of the Inspection Depaz errq 5. That the petitioner shall meet to the Fre Deparhnent's satisfaction the following nequ atomeots as aIIlined in a lett fr® the Fire Marshal dated December 27, 2000: • That adequate bydrmts shall be provided, me near the enhance to the street and one nearthe cul-de-sac; • That the most remote bydrmrt shall flow 1500 GPM with a residual pressure of 20 PSI; 6. That an enhance marker plan shall be subatitted to the Planning Commission for approval within 30 days following approval of this petition by the City Council; 7. That the site plan referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for; 8. That the garage for Unit 5 shall be located on the north side of the building in order to allow room for a hum -around which shall be provided to serve Unit 4; and 9. That Units 5, 6 & 7 as shown on the site plan shall be constructed as ruches and all other netts may be either ranches or 1-1/2 story homes. For the following reasons: 1. That the proposed plan is in compliance with all of the special and general waiver use standards and requirements as set forth in Section 20.02A and 19.06 of the Zoning Ordinance 4543; 18390 2. That the proposed use is compatible to and in harm ay with the surrounding uses in the area; 3. That the subject site has the capacity to accommodate the proposed use; and 4. Tun the proposal represents a reasonable and well designed land use solution for a land area with difficult site limitations. 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 carred and the foregoing resolution adopted- On dopted On a motion duly made, seconded and unanimously adopted the 8201h Public Hearings and Regular Meeting held on February 27, 2001, was adjourned at 10:40 p.m 1a auuh $0101.. t. Dan Piemecchi, Secretary ATTEST: James C. McCann, Chairman /rw