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HomeMy WebLinkAboutPLANNING MINUTES 2001-10-0218797 MINUTES OF THE 832nd PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, October 2, 2001, the City Planning Commission of the City of Livonia held its 832nd Pudic Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. James McCann, Chairman, called the meeting to order at 7:30 p.m. Members present: James C. McCann H. G. Shane Robert Alanskas William LaPine Linda Dolan Members absent: Dan Piercecchi Messrs. Mark Taormina, Planning Director; At Nowak, Planner IV; Scott Miller, Planner III; Bill Poppenger, Planner I; and Ms. Margie Roney, Secretary, were also present. Chairman McCann informed the audience that if a pefilion on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in tum, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may or may not use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2000-08-0146 S&N Development Co Mr. Shane, Acting Secretary, announced the first item on 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 Southeast%of Section 6 from POI (High Rise Professional Office -6 stories) to OS (Office Services). Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. 18798 Mr. McCann: Is there any correspondence? Mr. Nowak: There is one item of correspondence. The letter is from the Engineering Division, dated September 6, 2000, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal or the legal description contained therein. We would like to point out that it is our understanding that Mr. Shamie will be responsible for investigating wetlands and 100 -year floodplain information per our meeting at the offices at Orchard, Hiltz and McCliment, Inc. We trust this will provide you with the information requested." The letter is signed by David Lear, P.E., Civil Engineer. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Kevin Biddison, Biddison Architecture & Design, 27750 Stansbury Blvd., Farmington Hills, Michigan. Mr. McCann: Now, before you begin, we all understand that this is a zoning change, not a site plan, but we do appreciate you giving us a general idea of what you're intending to do. Mr. Biddison: I'll go very quickly for you. I just want to dear things up. The site as Mark stated is a very fight, very small, constrained site. The existing retention pond for the Victor Corporate Park sets here. There is some existing wetlands area because ofthe pond's age that has encroached into this area. We've been through quite an extensive process with the DEC and have received approval and a permit to extend a retaining wall and fill a small portion of that wetlands to allow us to at least get to the portion of parking for 20,000 sq. R. We're roughly 10,000 square feet per floor. We feel that because of the tightness of the site, to try to go to a third story, is really not practical. With the residential across the street, I think its really a better fit for the second story as opposed to the three story. We will be exceeding all the landscape requirements oflhe City. All of the existing evergreens and signage that is at the corner now will remain. Most of that is actually outside the property line here, so all of what is green will stay on the site. This gives you an idea of the building— brick and glass. We will be meeting all of the requirements of the Victor Corporate Park. I worked in Victor Corporate Park previously so I'm well aware of all the restrictions and materials and setbacks. For signage, we're proposing a monument sign which would fall on the Victor Parkway side, not on the Seven Mile side. And relative to any other signage, we would meet all the requirements of the City. We have all of our approvals from the DEO. With us tonight we also have Chuck Reed from the Michigan Stale University Foundation, 18799 who is the current owner of the property, in case you have any questions as to how they perceive the property being used. They have supported us through this. It's been a long trek but I think that we can provide really a great looking building that will ft in nicely with the rest of Victor Corporate Park. I'd be glad to answer any additional questions that you might have regarding this facility. Mr. McCann: Are there any questions from the Commissioners? Mr. LaPine: The retention pond that's there now at Victor Parkway... are you going to be draining into that pond or are you going to have your own drainage? Mr. Biddison: No, we will be using that pond. We have worked with Vidor Corporate Park Association, with the Engineering Department of Livonia, and with OHM who will be the engineers for the project, and we have all of our approvals from the Association. We meet all the criteria for the 100 -year flood plain. So we've worked all of those details out, and we are ready to move forward with engineering as soon as we have approval. Mr. LaPine: Is there going to be a single lessee in this building or is it a spec building? Mr. Biddison: It is a spec building. I'm sure Mr. Shamie would love to have a single lessee if that's possible, possibly two, one for each floor. If one is available I think that would be his choice. Mr. LaPine: The third question I have ... you say you're going to abide by all the restrictions of Vidor Corporate Park. Most of the buildings are kind of a rust color brick. Is that what this is going to be? Mr. Biddison: Yes. Mr. LaPine: I've not noticed buildings in there that have bands around it like you are showing here — this red band. I dont want to think that Christmas has come early but it looks like a little Christmas package. Mr. Biddison: This is a red brick that would be in keeping with the bricks that are there. In fad, we have already shown the brick to the Association and they have approved the material for the project if it is to go forward. Mr. LaPine: OK. Thank you. Mr. McCann: Are there any other questions? 18800 Mr. Shane: Is it because of the existing pond that you are able to mitigate the 1. That the proposed change of zoning is compatible to and in harmony with the surrounding uses and zoning districts in the area; 2. That the proposed change of zoning would allow for building heights that would be consistent with existing developments in the Victor Corporate Park; and 3. That the proposed OS zoning dassificalion is more realistic in terms of the carrying capacity of the subject property than the existing POI zoning classification. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. McCann: Is there any discussion? Mr. Alanskas: Even though we have the site plan, like Mr. McCann said, we are only addressing the rezoning tonight. We have a lot more questions on your site plan. Will that come back to us later? Mr. Biddison: Thal is correct. wetlands? Mr. Biddison: Itwas actually because itwas a very small area, less than a third of an acre, that we were looking to encroach upon and that is an unrestricted element by the DEQ. Mr.Shane: Thankyou. Mr. McCann: If there are no more questions from the Commissioners, I will go to the audience. Is there anybody in the audience who wishes to speak for or against this petition? Seeing no one, I'm going to close the public hearing. A motion is in order. On a motion by Mr. LaPine, seconded by Mrs. Dolan, and unanimously approved, it was #10-147-01 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 2, 2001, on Petition 2000-08-01-16, submitted by S & N Development Co., LLC, requesting to rezone property located on the northwest comer of Seven Mile Road and Victor Parkway (19250 Victor Parkway) in the Southeast%of Section 6 from PO I to OS, the Planning Commission does hereby recommend to the City Council that Petition 2000-08-01-16 be approved subject to the following conditions: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding uses and zoning districts in the area; 2. That the proposed change of zoning would allow for building heights that would be consistent with existing developments in the Victor Corporate Park; and 3. That the proposed OS zoning dassificalion is more realistic in terms of the carrying capacity of the subject property than the existing POI zoning classification. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. McCann: Is there any discussion? Mr. Alanskas: Even though we have the site plan, like Mr. McCann said, we are only addressing the rezoning tonight. We have a lot more questions on your site plan. Will that come back to us later? Mr. Biddison: Thal is correct. 18801 Mr. McCann, Chairman, dedared the motion is carded and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#2 PETITION 2001-08-01-09 William Roskely(Rosedale) Mr. Shane, Acting Secretary, announced the next item on the agenda is Petition 2001-08-01-09 by William Roskelly requesting to rezone property known as Rosedale Gardens Lots 1137 to 1146 and Lots 1167 to 1176 located on the west side of Cranston Avenue between Orangelawn Avenue and West Chicago Road in the Northeast''/. of Section 34 from PL (Public Land) to R -1A (Single Family Residential, 60'x 120' minimum). Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCann: Is there any correspondence? Mr. Nowak: There is one item of correspondence. The letter is from the Engineering Division, dated September 6, 2001, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal or the legal description contained therein. Itshould be noted thatpublic utilities are currently available for the parcel, although the sanitary sewer currently runs through the middle of the property and may need to be rerouted depending upon the design of future development. We trust that this will provide you with the information requested." The letter is signed by David Lear, P.E., Civil Engineer. That is the extent oflhe correspondence. Mr. McCann: Is the petitioner here this evening? William Roskely, 33177 Schoolcmft, Livonia, Michigan 48150. The land that we're discussing is Rosedale Gardens Sub No. 4. The platwas recorded and improved in 1926. It contained Lots 835 to 1176. All of these lots were at that time slated and zoned for R-2 and almost all these lots were 40 feet wide. I purchased 20 forty foot wide lots. In 1965, the City decided to change the zoning of land owned by the City and/or School to PL. Al that time, the school occupied this portion of land. Since that time, the school was removed and the land is presently zoned PL. Although I will point out that I think it was 1964 when the zoning changed, it was a mass change of zoning meaning all lands that the City owned and all lands that the school owned, the zoning was changed from whatever 18802 classification itwas to PL. I do not believe that neither this portion of land nor Kleinert Park has ever been dedicated as a public park. I think it's only a symbol of rezoning that the City chose to use. I submit that now that the school is gone and that all of the improvements are there for single family homes, and the intent from day one was that this should be residential single family lots, as illustrated by in excess of a thousand lots that are all single family and most of them 40 feet wide in Rosedale Gardens. If we go to Rosedale Meadows to the south, there is another in excess of a thousand lots. I presented to you an overall drawing indicating eight 65 fool lots in width and 275 fool lots in depth. I'm fully aware that at this point in time, I'm assuming of course that somewhere along the line the City of Livonia would reopen Hubbard Road. I also would like to point out that in the event they so chose not to, then certainly I could not proceed to have those lots fronting on a vacated road. But in my opinion so that I may have the flexibility of working with the Council, and I am working with St. Michaels and the City, it's very possible that some changes will be made and certain portions will be left as open space. But in the interim, I am in the hopes that this Planning Commission would please recommend a zoning back to R-2 and certainly then in different committees, etc., in meetings, we will determine exactly how many parcels I would eventually be able to build on. But under no circumstances would any site be less than 65 by 120 feel. With that I'm open for questions. Mr. McCann: Your request is that we should understand that you have discussions going on with certain council members and Sl. Michael's and that we should forward it to them unknown. I guess what I'm looking for you to say is, "Okay don't worry about it; we'll take care of it down the road" And I'm supposed to make a recommendation based on that fact. It makes it very difficult for me. One of the concerns I have is the vacating of Hubbard Road. Have you talked to the City Attorney or the Planning Department or have you gotten a report from anyone whether or not the City has considered doing that? Mr. Roskelly: No. Mr. McCann: Okay. Are there any questions from the Commissioners? Mr. Alanskas: Mr. Roskelly, if you went to R-3, how many homes could you put on there? Instead of 12, could you put six or seven? Mr. Roskelly: I would say between six and eight. Mr. Alanskas: The question I have is, when the school had it they were talking about eight homes, and now you want to go to 12 even though in 18803 the R-1 you have the room. It seems like a very tight package. I was wondering if you went to a larger rezoning, R-2, R-3, if it wouldn't be so congested ... that it might be feasible. Mr. Roskelly: I am of this opinion: First of all I'd like to point out, to drift out a moment, I believe that Rosedale Gardens is the most prisfine subdivision in the City of Livonia. I have two sons living there; I go there quite often. Its a beautiful setting; they're beautiful homes. And I will be in the posifion to have homes built, I will adhere to the architectural standards, etc. Now to answer your quesfion about R3, I suggest not. My suggestion would be that if I could have eight 65' by 130' lots, that would leave a portion of this land to be open space which could be either used by the City or Sl. Michaels. But I believe right now I have the flexibility so that I can have certain meetings and input, but I would say this —that if it's rezoned, I would like to have it go back to R-1 with the restriction that not more than eight buildable lots would be permitted if you could do that. But I need the flexibility. We have several options. For instance, when you come in off of Hubbard Road from West Chicago at this time, there is no turnaround as you go to the north. There are four houses on one side of the street and DePalma put in a condominium with three homes, which don't really fit in that area in my opinion. They are beautiful homes but not what I would build. There is no legal turnaround in that area and I suggest that it's possible that if through negotiations with the City I would be permitted to go into Hubbard Road and put in a legal turnaround cul-de-sac with a 50' radius, I could perhaps have two lots facing Hubbard Road and six on Cranston, which would leave the other portion as open space. But I do need the flexibility at this time and you certainly understand that, even if it's zoned R-1, I cannot build these 12 houses because I have no frontage on Hubbard Road. I have to negotiate with somebody for something but I do feel that I would like to keep as much open space as possible and keep the lots 65' by 130'. Mr. Alanskas: If you cant build 12 homes, why did you make this plan to show 12 homes? Mr. Roskelly: I suggestthat the reason is that it is my ultimate desire, and if I go through the Planning Commission and City Council, and cannot resolve this, then certainly thatwould put me in the posifion to go to Circuit Court. Thank you. Mr. La Pine: Mr. Roskelly, do you see the position we're in? As the Planning Commission, ourjob is to make recommendations to the Council. But because we don't know exactly what you're going to vacate, if you're negofiafing with people ... I think basically what should happen here, you have to go through all your negofiafing and all 18804 the different things you think you can door cannot do, then bring a plan in and say this is my plan. Then we'll vole on the zoning. I don't see how we can say yes and then pass it onto Council and let somebody else do all the spade work. That's our job. Mr. Roskelly: I was a planning commissioner in Redford for about 12 years. It is my beliefthat as a planning commissioner, I am concerned with land use. In my opinion, I believe, that this land had always been intended to be single family residential 40 foot lots, which is what 80 percent ofthese homes in that area are built on. I'm offering and certainly realize as a professional surveyor that we cannot build on anything less than 60 feet. In that case, I feel as though my submission at this point is the one that I suggest you either recommend approval or denial and I implore you so I can confinue on with my quest. Mr. Shane: I think I understand you to say that you would be satisfied with eight lots. Mr. Roskelly: Yes, sir. Mr. Shane: Which would eliminate 3, 4, 5 and 6 on Hubbard Road. Mr. Roskelly: If the situation is that the City does want a cul-de-sac ... The other option I would have is to front four on Omngelawn and four on Cranston. Mr. Shane: Lots 1 and 2, which are the two that have access on Hubbard now, a portion of Hubbard ... Mr. Roskelly: Lots 1 and 2 do not have a legal access. Along with this land is a portion of vacated road which is 43' by 109.66'. That really is not an adequate entrance or exilfor those parcels. Mr. Shane: Okay. But a 50' cul-de-sac isn't a normal cul-de-sac either, but its befler than what we have here. Mr. Roskelly: Actually, its acceptable by engineering standards. The City of Livonia has used that in the past. Mr. Shane: Okay. What I'm leading to here is personally I don'tthink you're going to be able to develop lots 3, 4, 5 and 6 because I dont see the City vacating Hubbard Road. But maybe the best thing we could do, if we were inclined to, is rezone the rest of it with the 130' you wanted in depth or maybe a little more in depth. 18805 Mr. Roskelly: Being that Hubbard Road is a half mile road and better known as a collector street, I suggest that we look at the enure mile of this property being Rosedale Gardens and Rosedale whatever -the - other -one -is. This is the only piece of road that has ever been vacated in the entire square mile. It's a 86' half mile right of way which is always known as a collector and designed as a collector street. I submit that it's very possible that the road could be opened. Mr. Shane: I'm not disagreeing with it from a planning standpoint, but because of past discussions on this property, people wanting this area as open space ... that's where my doubts come in, whether or not the City would eventually vacate Hubbard Road even though it might not be a bad idea from a planning standpoint. So all I'm saying is that if you're satisfied with one through eight lots along Cranston Avenue for six of them and along Hubbard for the other two and you work out a cul-de-sac, then you've almost got what you wanted. Should Hubbard Road be opened up, then those other areas could be developed because if you look len feet off from those lots, you're still left with 120' whether you or somebody else could develop those lots should Hubbard Road be opened up Mr. McCann: Any other questions? Ms. Dolan: I just have a question. If you're trying to vacate Hubbard Road ... I've been out at the park and I've looked at the ball field there. And I noticed that all at the streets are very narrow, and I know there's a lot of traffic that goes back and forth to St. Michaels and also the playing field there. And I notice that there are benches that are sitting almost on the street where the kids play ball. And I guess my question is, if you vacate Hubbard to build homes there, what is that going to do to that park area? Mr. Roskelly: You mean if you reopen it? It's vacated now. I agree with you totally. In fact, St. Michael's football coach asked me if they could perhaps utilize some of my property because they had so many children on the teams that they would put their bags there, etc, etc. So I understand what you're saying and I suggest that it's one of the options I have, and I am imploring this Board at this time to either approve R-1 zoning or deny it. Mr. McCann: Is there anyone in the audience wishing to speak for or against this petition this evening? Please try and keep it within two minutes per person. Thank you. 18806 Jan Afonso, 9918 Hubbard. I live about 250' north of the property in question. I'd like to thank you for the opportunity to speak before the Planning Commmission tonight and to participate in this public hearing. Itis indeed a privilege. One year ago, the Livonia Public Schools came before the Planning Commission also asking to rezone this same plot of land for a new housing development. Mr. Roskelly was there at that time also but he was wearing a different hat that night. He introduced himselfthen as the School Board's engineer and consultant on the Rosedale property. I must admitthal I'm confused by how he went from being a supplier and vendor to the school system paid by our school taxes to being the one and only bidder in a context in which there was no public bidding process. Mr. McCann: Ma'am, I'm going to do this foryou and for everybody else in the audience. Tonight, it's not an issue between you and the school board, between you and the Council or anybody else. The issue before us tonight is what is proper zoning to fit in this area. I'm going to ask you to keep on that thought as well as everybody else. Ms. Afonso: I appreciate that. I'm concerned this evening that a decision by the Planning Commission to support rezoning of this propertywill be an announcement to developers throughout the City that it is now open season on public land in the City of Livonia. Mr. McCann: This isn't public land. Ms. Afonso: I appeal to you therefore notto endorse this process with your recommendation to rezone our public land. I'll jump then to my statements that do relate to the zoning decision I believe. Mr. McCann: Thank you. Ms. Afonso: I wish thatthis was not upon us again but it is upon us once again to prove our case, why we believe this land should remain public land and why we ask that you uphold the public land zoning of the property. Al this time I feel better prepared. I've learned; I've gathered data; I've studied the process; and I stand before you tonight ready to work with you and the City Council to defend the citizens' interests in this case. I have for you a report on statistical data relating to our request that you deny or you not recommend the rezoning of this public land. I believe it's very relevant to the question at hand. I have a copy for each of us and I will give it to you as I finish. It touches on some points that were made by the Planning Commission the last time. Mr. La Pine, I'm forever grateful to you for pointing out to us that you felt that our area of the city lacked open space and needed open space much more than it needed new homes. This comment by you launched me on 18807 a search for data to back up what you had very wisely pointed out, so I studied the public land, the City's parkland and school use ... Mr. McCann: First, we requested each person keep it within two minutes. Ms. Afonso: Oh, I'm sorry. I wasn't aware of that. Mr. McCann: That's all right. You're malting some valid points I think for the whole audience and I do want to hear you. But I want one issue straightened out before we go any further. Mr. Roskelly, could you please approach the podium? My understanding from the School Board and from prior conversations, is that you are the fee holder of this properly. It is in private possession at this time and it is no longer publicly held. Is that correct? Mr. Roskelly: I have a warranty deed from the school in mine and my wife's name only. Yes. Mr. McCann: So whatwe have is privately held and owned land. Ms. Afonso: That's zoned public land. Mr. McCann: Its zoned public land but it is not public land. The City has no ownership. Nowwhalwe are up here doing is telling a private owner what he can do or not do with his land. Under the law, everybody has a right to use their property in a reasonable manner. What we have to determine is what is a reasonable use of this land within that area. That is the issue before us tonight. He has to pay taxes on that property just as you have to pay taxes on your home. He has to maintain that property, cut the grass and make sure it is safe for other residents in the area. He has private ownership of that land. Therefore, we have to have that understanding that he has a right to use it in a reasonable way within the area. Ms. Afonso: Yes, then I'm simply going to relay data -related issues in the City of Livonia zoning ordinance that's relevant to zoning decisions. The ordinance states decisions are to take into account such issues as safety, the welfare of the community, tax assessment and uniform land use pattern and tax assessment basis, to create a favorable environment in which to rear children (I'm reading from the ordinance now directly), to allow for vehicular parking, parks, public requirements that lessen congestion, disorder and danger which often inhere in unregulated municipal development to prevent overcrowding of land and undue concentration of population; and to assist in carrying out the Master Plan of the City of Livonia. So my data relates to issues of density, open space, 18808 safety and the Master Plan which are part of the zoning ordinance of the City of Livonia. Mr. McCann: That is correct. Ms. Afonso: Thank you. So in this report you will find data related to open space parkland in the City of Livonia, and your ordinance allows you to take these things into consideration when you make recommendations regarding zoning. It was, in fact, even truer than I had ever expected. We have 1300 acres of parkland in the City of Livonia; 75 of these acres fall south of the freeway. In other words, 6% of the City parkland falls south of the freeway where the most densely populated neighborhoods of the City are located. Families in southern Livonia share park space at the rale of 106 families per acre as opposed to nine families per acre in the northern third of Livonia. And I'm sure you are aware, that 150 more housing units are to be added to Section 28 immediately to the north of our section. And Section 28 has no public parkland at all, so those 150 homes will be coming down to use our open spaces and our parkland as well. With respect to density, you are asked to consider conditions of overcrowding and population density, and I please ask that you do so. The study of census data, which you'll find in this report, also shows Mr. LaPine to have been correct in stating that this is a highly congested area. Section 34 has more people, more children, more families and more housing units than any other section in the City of Livonia, and all of these figures and statistics are well over twice the Livonia average. We are very densely populated already. Mr. McCann: Did you take into account the county parkland? Its part of the park area down there. Whether Livonia owns it or not, it's still part of the park area. Ms. Afonso: I also did nottake into account parklands in areas that bordered the north or the east or the west of Livonia. I looked at City -owned parkland on the parkland map from the Planning Commission which was supplied to me. I added up the acres. I have had these statistics in the hands of the City and through the public hearing with the City Council and have welcomed anyone to talk with me about how the statistics were derived. And I would be glad to. Mr. McCann: I listened to you when you spoke to the Council. Ms. Afonso: I'm glad. I'm bringing these things up now because this issue is being heard again, and I want these things logo into the record as a new package. 18809 Mr. McCann: Ma'am, what we have is a situation where I want a recommen- dation from you, not why the City needs parkland. If you want to bring that issue up to the City Council and tell the City Council they should buy more parkland, that's a very valid argument. Those figures come right into play and they are very important to bring before the Council. We have a choice. This is going to be rezoned either residential, multi -family residential, office, commercial, industrial. This is privately held land now. We can't force somebody legally to own public land and take care of parks. So the only issue we have is to either condemn the property or buy it through a condemnation process from the individual, which is something that the City would have to show that it has a need and I'm not sure we could show that need in a court of law to actually take the property under those circumstances. Or we have to give him a reasonable use within our zoning ordinance. Now, what I need from you is information as to why it should be R-1, R- 2, R-3, condominium or office or commercial. Ms. Afonso: I'm trying to give you information that I believe justifies upholding the current zoning of the land. Mr. McCann: Thats what I'm trying to explain. I'm not going to lel you talk any further about holding up this public land. We have no legal authority to make a private owner keep public land. We can't do R. We dont have the right to do it. No matter what you say and no matter what figures you give us, we cannot deny him the right to use the property in a reasonable method. If it's not suitable for building, that's another issue that would come up in site plan use. But we cannot leave privately owned land under public zoning without purchasing the property from him. We don't have that authority. Ms. Afonso: Are you allowed to consider issues such as density? Mr. McCann: No. We are only into the zoning process as to how it should be zoned. Ms. Afonso: I guess I read the zoning ordinance differently then. Forgive me. Mr. McCann: I understand your confusion. It's that you think we have the right to make this some use other than a private use. We don't. It's a private use. A private owner owns it. Ms. Afonso: I'm simply asking you to uphold the current zoning and not recommend a new rezoning. I'm trying to give you some additional reasons to do so. Are you allowed to consider safety? 18810 Mr. McCann: In making a zoning request, we always look at it. What do you think it should be zoned? Ms. Afonso: I think the current zoning should be upheld. Mr. McCann: I'm going to go to the next person in line. Is there someone else wishing to speak? Rick Rainville, 9928 Hubbard. I live on the street that we're talking about. I do attend Sl. Michael's. I'm very active there. And I will discuss this with the new priest that we have and make sure that he is notified of the full situation. If its the case that this is going to be zoned for one of those purposes that you mentioned, then let me suggest this for the future. That you take all these properties within Livonia that are going to be farmed out to developers, these surplus properties through Livonia Public Schools, you put them in the City inventory for parkland, freeze them, and not make them available until such time that they are needed. Please write that in the MasterPlan. Do you not have influence on the Master Plan? Mr. McCann: Mr. Rainville, we do not have influence overthe Livonia Public Schools. That is a separate entity. We have no influence over them. Mr. Rainville: I understand that. Mr. McCann: That was not owned by the City; we had nothing to do with it. Mr. Rainville What's the process for that? Mr. McCann: Go to the School Board. If the School Board owns the property, that's who you have to direct your comments about freezing their property. If you want to talk about freezing the parkland of the City of Livonia, you need to lake that to Council. The issue before us is what the proper zoning should be for the privately held property in this area. That is the issue tonight. I'd love to tell you guys I have enough money in my own pocket to buy it for you and make a park down there. I think it would be a wonderful gesture. But I don't. The stock market didn't help me. Mr. Rainville: We did offer though. And we put a bid in that's higher than the one that the developer put in. Mr. McCann: That's wonderful but I had no authority in that. That's an issue before the School Board. I understand your fmslrefions, but we are not the tribunal that can handle your concems. We have one issue tonight. What should be the proper zoning for this property? This land was originally going to be R -1A from the history that I've been 18811 given before it was turned into public land. Now I dont know if that's an appropriate zoning for this any more. Maybe R-2, maybe R-3, maybe something else. But it's in private hands now— out of my control. What is the zoning that you think should go there and why? That's what we need from the audience tonight. Mr. Rainville: I just want to make sure I understand correctly. You have no influence over an irresponsible property owner. Is that correct? Mr. McCann: The irresponsible property owner - I dont know if you're talking about the current owner, the former owner ... Mr. Rainville: Both. Mr. McCann: No, I don't have control over either one of them. All I have control over at this meeting tonight is to try and go through what is before us and make a reasonable determination as to what the future use of this property should be. It appears that it should continue to be at least residential in some form. I can cut out the industrial, the commercial, the multi -family, all that. But what is the proper residential use? Mr.Rainville: Thank you for your time. Mr. McCann: Ma'am, name and address. Kimberly Emmons, 9915 Hubbard. I don't quite know where to begin. I'm a little taken aback by all that I've heard so far this evening in the short time that this meeting has been held. As far as what to do with the property, the zoning and what not? Whatever it takes; whatever needs to be done with that zoning, with that property, to keep it just the way it is now. That's what needs to be done. Mr. McCann: We cant do that. Ms. Emmons: Well, that's up to him because it's my understanding its his property. And sir, I'm appalled that you would even consider putting that road, Hubbard, through. I don't know what kind of relationship you have with your family, I would not .... Mr. McCann: Ma'am, I'm not going to let you go there. You came up here to address the Planning Commission not Mr. Roskelly. Ms. Emmons: Okay, then I wont involve him. Mr. McCann: All right. 18812 Ms. Emmons: I will address the issue of reopening Hubbard Road. That's part of what he's introducing, correct? Mr. McCann: That's what he said might be a possibility working with the Council. I have no idea. That's never been before us. It's not before us tonight. Although that is a concern of ours if we were to later learn that it was going to be reopened, then that might make an impact on how we decide to rezone that. That's one of our issues. Ms. Emmons: I appreciate the fad that you would consider that. Mr. McCann: I don't believe that he would be able to get that vacated portion reopened on Hubbard. Ms. Emmons: I wish that reassured me. I hope that it doesn't happen. It's a dangerous thing to do as far as I'm concerned. We have two children, an elementary schooler and a high schooler. There is an incredible amount of traffic on that street. There are times of the day, and I am literally saying, you cannot drive down that street there is so much traffic. And to open that road from Orengelawn down to West Chicago, I think is just a huge mistake. So if it does come to that, please will you consider that and not do it? But the land needs to stay open like it is, bottom-line. That's all I have to say. Mr.McCann: Thankyou. Julie Noble, 9906 Hubbard. I would just like to clarify something. Mr. La Pine had suggested that Mr. Roskelly come back with a plan in terms of what the lots would be and then the Planning Commission could make a decision. You're talking about reasonable use. Is that a possibility tonight? Because it sounds as if the petitioner is really pushing for a decision tonight, and then he mentioned going to court. I dont know if that's connected but it sort of felt like it tome. I guess if its a possibility to gel more information in terms of what his plans are so that you could make a decision in terms of zoning and reasonable use, that makes more sense. Is that a possibility? Mr. McCann: It is a possibility. We do have certain constraints. There's an ordinance that requires us to forward zoning issues to the City Council within 60 days of the fling. I believe this was filed on August 29. 1 think the Planning Department got it about a week later. There are some areas as to when it's certified by the Clerk's Office and reviewed. We have a little extra time, bulthalwould be 60 days from approximately that period of time we would have to act on R. 18813 Ms. Noble: I would just like to speak in favor of that because as I hear the different proposals, I feel like I'm in a shell game and I'm not sure what is really being proposed. Mr. McCann: I understand. I think everybody came here with certain understandings and I'm trying to make it dear that it would be nice to have the authority to do what you're requesting, but we dont. Ms. Noble: I'm not requesting anything specific with land, only to have the information so an informed decision can be made. I was wondering whether the up or down needs to be made tonight as Mr. Roskelly would like and you're saying no. Mr. McCann: As we say, tabling is always in order. Ms. Noble: Okay, so you could have the information you need to make that informed choice? Mr. McCann: Right. If we believe that there's not sufficient information presented or new issues that are brought forward, we have the right to table it. Ms. Noble: Thank you very much. Susan Gibson, 9615 Hubbard. I am whalwe've been calling a 100 footer. I'm within 100 feel of the property. I would just like to suggest that if you have any influence about not opening Hubbard to please use R. With regards to your own zoning ordinance which dictates that safety issues should be a concern ... with Kleinert being so close to Hubbard, there are safety cencems. Mr. McCann: I believe there are, yes. Ms. Gibson: I would just like you to please induce that in your decision. Thank you. Richard Kent, 11040 Ingram. I have a planning background. And I wasn't going to speak tonight but I have a question for you, Mr. McCann. Based on what you said, I believe I'm confused because what you said was that, correct me if I'm wrong and I hope I am, that since this gentleman bought this land, which was public land, but now the zoning of public land is no longer valid, and that it has to be changed to a different kind of zoning, either one of the various residential, commercial or whatever, so that automatically if an individual buys public land, that the zoning is due for a change. Well my understanding is that the zoning goes with the property. And this gentleman or any person that buys a piece of property buys it with the zoning that it has and that there is no automatic 18814 necessity or right at all for change of zoning when you buy property. He bought it with a designation of Public Land and he has to petition for a change ofzoning which can be denied. You may not think that this is appropriate zoning, but that's a different issue than whether he has a right to automatically have a change of zoning, and I don't think thafs the case at all and I think that was implied by what you stated. Was it not? Mr. McCann: I think that you'll find that what I said is that it is under private ownership now and we cant maintain it as public land under private ownership for public benefit. I've gone through this with the City Attorney and he agrees with our position that once it is no longer publidy held, that we can no longer maintain it as a public land within the City. Mr. Kent: I can see that the City may not wish to do that because of the expense, but this gentleman, couldn't he sell it to the City of Farmington Hills if he wanted or some other public body or sell it to the City of Livonia, or sell it to the state, or any other public entity that would want land that's zoned public land. Wouldn't that be possible? Mr. McCann: I don't think so, no. Mr. Kent: Well, it may not be likely, but would it be illegal? Mr. McCann: But that's not the case. You'd have to go through the uses permitted within public land which include municipal civic center purposes, municipal or other governmental buildings, outdoor publicly owned or leased recreational uses, educational buildings, public service buildings, public use heliports, cultural service buildings, accessory uses necessary or incidental to the above principle uses. It does not go within those uses. Mr. Kent: But this gentleman could then hold this property until Wayne County decided they wanted to buy the land. Is that not true? Mr. McCann: No, it is not true because the courts would find that you are wrong. The courts found that if he has it, he's paying taxes on it, he has a reasonable use to the land. It's a long case history. Mr. McGee. Michael McGee, 11041 Arden in Rosedale Gardens. currently am President of the Old Rosedale Gardens Homeowners Association. Mr. Chairman, I'll try not to get into a debate. First of all, I passed out a bit of a handout that I would like to go through. It is very similar to a presentation that we made to the City Council, specifically on the zoning question. This paper has nothing to do with anything else except zoning. I want to say that as a precedence. I really 18815 don't intend to get into any other issues. I will observe that what you are saying tonight is something we can all understand. This is a big petition for our neighborhood. It's the third time in the last 20 years that we've had a petition more or less like this. I think I said last year before this body that maybe this is the most significant development petition we've had in our neighbor in the last possibly 50 years. So naturally feelings are going town very high on all sides, and l think that's just part of the process. Wetrynottobe unreasonable people or uncompromising people. We were very hopeful that in the last zoning petifion there might be a compromise and we thoughlthalwe had one worked out. So we're really not against compromise. We are willing to work with you and St. Mike's and the City Council and Mr. Roskelly and with whomever to try and work out a reasonable compromise. I also want to say something nice about Mr. Roskelly since he has taken a few slings and arrows tonight. We certainlydon t agree on necessarily all the points ofwhal it is he wants to do or even any points. But l do wantto say forthe record that Mr. Roskelly caries himself professionally and has a very professional manner in which he wants to treat this. We appreciate that and we look forward to having a constructive dialog with him. Let me start with the hand out and without wanting to be confrontational, I would respectfully disagree with the Chairs characterization of what the City may or may not do on the zoning. I think that the question is, we have a piece of property that bears a zoning designation and there's a petition to change it to a different zoning designation. How does any Planning Commission, City Council, or any other planning body, come to a judgment about whether zoning should be changed? I'd like to spend the first part of that paper talking about what the standard is for everybody, notjust in Livonia but every place in the State of Michigan, talk about those standards and then what I'd like to do with your consent is talk about how those standards in our view apply to this particular pefifion. Mr. McCann: Before we go there, I reviewed this. I've looked at these questions. You're an attorney; you've reviewed this forum and you're prepared for it. We also have legal counsel through the City. Ifwe're going to get into whether or not there is a taking in this issue, whether or not he's paid taxes and has a reasonable investment in this, whether or not it was privately held property by the school under a public land use, whether that use is no longer valid to the school and therefore they sold the property to a private individual and does that private individual have rights, those are issues for the court. If you want to table this meeting so that we can have Mr. Kavanagh respond to basically a legal argument, we can do that, but I'm not going to get into a legal debate here with you tonight. 18816 Mr. McGee: Mr. Chairman, I dont intend to get into a legal debate. Really I don't want to do that. Its my impression that this is a duly called public hearing for the purposes of hearing about a zoning petition. You and other members of the Commission and for that matter I have sat through public hearings where lawyers sometimes make presentations. I know a lot of people don't like lawyers but I don't know that generally speaking we are not allowed to make our presentations at public hearings. Mr. McCann: If you believe that the proper zoning for Mr. Roskelly to maintain the property and to keep the property as public land, I guess you're allayed to make that argument and we'll listen to why he should keep the public land for everyone else's benefit. Mr. McGee: Iappreciatethat. What l wantto sayfirstis that there are rules that apply to a rezoning petition in any case. And you've heard Mr. Kent suggest one of them, which is that any time that there is zoning, it's going to be presumed to be valid. The fad that it is exists carries with it a certain presumption that it's good and therefore in this proceeding it's up to the petitioner to show that they have a reason for the change. Some of that change has been suggested. But I think I want to keep in mind that the question is not, in my view, whether or not what's proposed is appropriate. The question before a Planning Commission or City Council is whetherthe currentzoning is inappropriate. And the Chair suggested some reasons why it may be. But that is the question and it's up to the petitionerto make that case. How can a petitioner argue in favor of rezoning? I think ifsfairto say generally that there are five general classes of arguments people make when they appear before you. (1) They might try and argue that their change is consistent with the Master Land Use Plan of the community. That's one that's frequently made. (2) Is the change consistent with the way the property is adually being used or the way it has been used over a long period of ti me? (3) People will say that circumstances have changed from what used to be. There used to be RUF zoning atthe comer of 7 Mile and Newburgh. That was changed to residential because with the passing of time, it no longer made sense to have agn cultural zoning in that part of the town. (4) As the Chair suggests, is there a taking? The petitioner might say you are tatting my property from me by not giving me the zoning that I want. (5) Is there some relevant precedent for the petition? That I believe is the standard. We might disagree on whether the elements are satisfied here, but I think that's the test that everybody goes through. Now taking those elements and applying them in our view to this petition one at a time, is this change to an R-2 zoning consistent with the Master Plan? Certainly not. The Master Land Use Plan, at least since 1975 and perhaps earlier, has shown this 18817 property under a community service designation which is somewhat akin to Public Land. I suppose it might also be satisfied with a Nature Preserve or that type of a zoning classification where I think we do have a couple examples atwhere that's held privately. More to the point as well, the 1995 revision to the Land Use Plan, which the Planning Commission approved and which the Council approved, includes as a specific goal an effort to preserve sufficient open space by preserving existing parkland and acquiring additional open space when a deficiency exists in close proximity to adjacent residential areas. That's what the Land Use Plan says. That's not somebodys opinion. (2) Is the change consistent with intention and actual use? Mr. Roskelly has said this property was always intended to be used as residential. That's the way it was originally platted. The problem with that position I think is that immediately after that plat was approved, the property owner at that time, Mr. Sheldon, basically abandoned that plat at least as it regards to this particular property. And that can be shown through ad nauseam the transfer papers and the building and use restrictions and so on that attach to this properly over the years. The fad is, it's never been used ever, except for agricultural before anything was put there, for anything other than simply call it public land, open space, call it what you will, but certainly not for some other use. Again, that's a matter of 74 years of unbroken history where we haven't had a residential use there. (3) Have the surrounding circumstances changed from what was expected back at the time when the plat was done in 1926-27? We would say no. This neighborhood has developed exactly the way everybody intended twould develop. Warren Sheldon laid it out; itwas going to be intensely residential with some pockets of open space. That's what was anticipated. That is what's happened. We would point out that we think this area qualifies for what's called a neighborhood park under the National Recreation Standards at five acres between the Klienert Park and this property, that's approximately the right size. That's the opposite, by the way, in terms of do things change over time with, for example, the Seven and Newburgh example that I gave eadier. If the City had tri ed to say to a property owner out there that it was never intended that the northwestern part at Livonia would be developed as residential and therefore you're not going to get your zoning, of course that would be silly. That was the intention tithe way it would go. Similarly in our case, our area developed exactly as everybody intended. And this property and adjacent property were not intended to be given over to what was already a dense residential. Can the property no longer be used in its current zoning which is I think the point that the Chairman is making— Is it ataking? Again, our view is, no that's not right. Thatthisis perfectly legitimate to be held in some sort of zoning classification 18818 Mr. McGee: I grant that just because we don't like something, it shouldn't be changed. But the problem I think with the position that you're announcing is ultimately the zoning is controlled by who buys the property. If I may, what is the difference between what you're saying and my home in this same area, which is presently zoned residential. It's a corner lot and has some nice exposure on two comers. Suppose I decide to sell it to a hardware store. I think what I'm hearing is that if the hardware ... which retains its open character whether that's public land or a nature preserve or something else. Mr. McCann: Mr. McGee, this is the issue before the Planning Commission. It no longer fits under the PL. The PL circumstances have changed. It's no longer publicly owned land. It is no longer being used by the School Board. It no longer fits in our PL district. The zoning doesn't ft anymore. The circumstances have changed. There is no basis for keeping it under a PL zoning. There is no section within the PL zoning that we can attribute this to. So how can we tell someone, and we keep coming back to this, that we know it doesn't ft in our zoning ordinance; we know the current zoning is not appropriate because there is no section within that PL zoning that fits under private ownership unless the City leases the property from him and uses it for some use or the school system leases the property from him, but at this point that's not before us. The only thing before us is privately held land that has a PL designation. It does not ft within the PL district. Mr. McGee: If I may, I think there are two potential answers to that. The more narrow answer is, if PL is not right— and I don't have a view about that, I haven't looked into it— if PL is not right but if everything else that we are saying in terms of the history of the property as having been given to community -type uses and is consistent with the Master Plan and so on and so forth, if all that's right, then the answer is it should be given a different zoning classification that isn't PL but isn't residential that manages to maintain its open character. That's one answer I could think of. Mr. McCann: That's what we're here for. What is that zoning? That's what we asked all night We no longer can leave it in PL. This is a public hearing to come up and give us suggestions of what it should be. You haven't done that. Mr. McGee: Well, if you force me to suggest something, I'll suggest something like Nature Preserve or Open Nature Preserves. Mr. McCann: Nature Preserve is for publicly owned land. We can't change the ordinance because you don't like it, Mike. Mr. McGee: I grant that just because we don't like something, it shouldn't be changed. But the problem I think with the position that you're announcing is ultimately the zoning is controlled by who buys the property. If I may, what is the difference between what you're saying and my home in this same area, which is presently zoned residential. It's a corner lot and has some nice exposure on two comers. Suppose I decide to sell it to a hardware store. I think what I'm hearing is that if the hardware ... 18819 Mr. McCann: A hardware store is privately held land. The analogy doesn't work It's privately owned land. Your analysis right here is perfect for it. Is it a reasonable use? Yes. Has it been used as a home all along? Yes. Does it comport and fit safely in the neighborhood? Yes, it does. The hardware is not going to come in. We deal with this all the time as you did on Council, Mike. And I realize tonight is a difficult situation for everybody. I'd love to be able to say the City can afford to buy it and we have it in the budget. But that is not an issue. Its not publicly held land. Il doesn't fit in the PL district regulations. It does not fit in the Nature Preserve regulations. I need to come up with a recommendation to Council as to whatwe can legally do. And you know thaljust to come here and stonewall them when we know it's wrong, we're going to end up in Wayne County Circuit Court. The City's going to pay his attorney fees, going to pay him for the loss of the use of the land, and the residents are going to lose twice. And he's going to gel exactly what he wanted. Mr. McGee: I promised l wouldn't debate so I'll try not to debate. We do think there is a cooperative endpoint polenfiallylo this process. I don't want to lose sight of that. Mr. McCann: Ihope so. Mr. McGee: On the other hand, we simply want to get our side of it into the record is really what it amounts to. I understand I probably am not going to convince you and you may not be able to convince me. We'll agree to disagree, and I'm almoslfinished. The business about taxes — the fact of the matter is, I'm not aware that taxes have ever really been paid on this property since it's public land. And that substantially undercuts any property owner's ability to say I'm entitled to the rezoning because I put a lot of money into this over the years. Mr. McCann: Do you think he'll have to pay taxes now? Do you think he'll have to cut the grass? Mr. McGee: Most likely. Is there precedence? There are two precedents within the relatively recent past. The one I won't go into. Last year the Council did deny in substantial parts approving a smaller portion of this. That is precedent. Secondly, the Planning Commission itself back in 1980 heard a very similar petition from the then owner, which was the Public Schools. The Public Schools evidently at that time had entered into a potential purchase agreement. They actually hadn't closed on the properly, but they made a petition to change the rezoning of the adjacent Klienert Park to R-1, much as what we have here. Atthattime, 18820 the Planning Commission recommended denial of the petition. They did so for four reasons: that the rezoning would remove an open playground area which was utilized by the neighborhood; that the rezoning would provide a residential use of land which was needed to maintain park and open space and pointed out this area was 25"' out of 36 at that time in the ratio of parka rid to population; that the rezoning of the lands would provide for adding population while reducing the open space in the most heavily populated neighborhood in the City; and that it was in conflict then, as now, with the Future Land Use Plan. Mr. McCann: Who owned the property back then, Mike? Mr. McGee: I think I already said the petitioner was the Public Schools. My suggestion would be that it shouldn't make a difference to the zoning whether the property is sold the day before the public hearing or the vote on zoning or the day after. The zoning really shouldn't tum on that point. Mr. McCann: How can I change the book, Mike? How can I say that it's not publicly held land before us? It doesn't fit within the zoning ordinance any more. You're asking us to do something that we dont have a right to do. Mr. McCann: I appreciate the comment. The view of our Association is that we think not enough has been shown to support a rezoning; therefore, it should be denied. At the same time, I'll repeat what I said to begin with, that we're hopeful that with all parties working proactively, we might be able to yet reach a good solution to this. And then we will not have any more public hearings. Mr. McCann: Ma'am, you've already spoke. Ms. Afonso: I just want to ask a question. If the petitioner had never come before the Planning Commission, what would that land be zoned then? Mr. McCann: Eventuallythe City would have to review it ourselves, I believe, because it's inconsistent zoning. We do that all the time. We'll look at the Master Land Use Plan, other zoning around the City and we try and clean up the zoning maps to appropriate zonings. Geoff Turbiak, 9345 Idaho. For what it's worth, I'd like to support the R-1 zoning. I feel this is a great piece of land with a lot of potential. I feel that it is still close to parklands, Mies Park I believe is just south of there. I feel that Mr. Roskelly has the City's best interests in mind and his lot sizes and how he wants to develop it. So for what its worth, I would like to convey my expressions of R-1 zoning on this land. 18821 Mr.McCann: Thankyou. Tim Bailey, 9826 Cranston. I live across from the school or the ex -school, the Rosedale property. I've been there for 13 years and it has been my observation that the former school property has been a big part of the lives of all Livonia residents. And it has been that way for 75 years. And I think that just the simple fad that it's been used as public land is good enough reason to deny that rezoning tonight. So I ask this Board here to please deny this rezoning tonight orto table it. I don't see any reason to approve this plan. We don't even have a photograph to look at as farm whatlots. And we're not even sure what lots he's talking about. Now it should be obvious that it's a very emotional evening here and its a very emotional subject that we're dealing with here. Quitefrankly, I feel somewhat intimidated to come forth after all I've heard. I'm a little disappointed from what I hear from my public servants here quite frankly. Mr. McCann: We are not public servants. We're residents of Livonia. Mr. Bailey: Are you not paid? Are you not making a salary tonight? Mr. McCann: Yes, there is a minimum monthly .... Mr. Bailey: Well, I expect to be treated with a little bit of respect when I come to this podium because, let's face it, this is a very intimidating situation. And as people were being scolded tonight and corrected and made to obeythese rules, people were walking outthe door. And that's a disappointment when people do not participate and cannot participate in their government. Mr. McCann: My point is notto intimidate and I apologize if I have been overbearing in certain areas. Everybody tells us that they would like to keep this as parkland. I would like it to be park, but as part of my training ... I'm an attorney. I look back at what I learned in my property classes and what individual rights are with regard to property. If we can change it, the Council who has much greater authority than we do, has the authority to look at purchasing the property within the City or looking at other avenues or working with the developer toward other potential uses. They have that authority. We are here to evaluate whether or not this privately held land now is appropriate zoning for R-1, which is brought beforeus. I said it over and over again, that's whatwe have to look is. Is this a potential? Now I understand it would be nice to keep it as public lands, but we dont fl within the public land section of the thing. And if we can figure out another way, I'm more than glad to listen. 18822 Mr. Bailey: Well, I guess I have a hard time accepting the fad that we have to obey these hard cot rules that you keep announcing and cutting people off with and not allowing them to speak. I don't know why you cannot take into consideration how this land was acquired, how much was paid for it, and what the safety, and the density, and all these others things ... I don't understand why you carat take that into account as you make your decision here tonight. Mr. McCann: I dont believe I said that. I said safety, all those issues, go into the proper land use. We do look at those. Mr. Bailey: I thankyou for yourtme then and I'll excuse myself. Mr. McCann: Thank you. Alan Wakenhut, 11300 Cranston. Like everybody else, I'm shocked at what I'm hearing. Mr. Roskelly bought this property knowing the opposition and all the problems that came to this. He says he has a warranty deed. Does he actually have possession of the property? Has money changed hands? Mr. McCann: Yes, if you have a warranty deed you have paid for the properly. You have insurance on it I'm sure and he has all the liability that you have with your property. Mr. Wakenhul: Mr. Roskelly brought up his surveying experience. I have a fair amount of surveying experience loo. My father used to be associated with Mr. Roskelly. He presented a very open plan. All these options — a cul-de-sac, open Hubbard back up. The City owns Kleinert Park. I was very involved in that several years ago when the School Board wanted to put houses there. We circulated petitions against it. The City traded other property for Kleinert Park. The City look ownership. I doubt very much if you could get Hubbard open. But he's got a lot of options out here— eight houses, twelve houses, a cul-de-sac. I don't know how you can pass zoning with anything that wide open. I would think he has to come in with a firm plan of this is what I want to do. That's what I would request, that you table this until he at least comes up and shows you the respect of giving you a firm plan of what he wants to propose. He threatened he'll take us to court. Well, that may be. That shouldn't defer you from making the proper decision. Mr. McCann: I agree with what you've said. Mr. Wakenhul: Thank you. 18823 Mr. McCann: Seeing no one else, I'm going to dose the public hearing. Mr Roskelly, you have the final word. Mr. Roskelly: Just couple remarks. Mr. McGee spoke of the restrictions that Sheldon Homes put on this land back in 1925 or some 70 years ago, indicating that those lots that were reserved for school were not being considered. But along these same set of restrictions, which I have a copy of, it indicates that at any time it was no longer used for a school, it would revert back to its original zoning which is R-1. So I think Mr. McGee indicated that the Sheldon lands donated 10 of those 20 lots to the school. The other 10 the school bought. But the restrictions indicated that when it was no longer school property and there is no building there, it would revert back to R-1. But those restrictions are now moot because they are over 35 years old and they were not re-recorded or reinstated. The only other thing I'd like to say is, if we speak of what should be, and again Mr. McGee eloquently gave you four or five reasons, he neglected to tell you that perhaps the most logical rezoning on this parcel is what's contiguous on three sides of this land—R-1. Thank you. Mr. McCann: A motion is in order. Mr. Alanskas: There are so many things going back and forth. We knew it was going to come to this, and naturally we are not going to approve an if -come situation. This has to be tabled. Even though we're going to table, I still think that when we get to our next meeting, this belongs with the City Council because from what I've heard from Mr. Roskelly this evening, is that he's had discussions with the City Council where he may want to do this or that, and I would bet in a bombshell that when we have our next final regular meeting, that there is no way we can even approve this as R-1. Thank you. I have a table motion. Mr. McCann: The next agenda has already been set so it would be the 30r" of October or the 13" of November. Mark do you have the dates? It would be the 20r" of November? Mr. Taormina: If I may, I would suggest that the item be placed on the October 16 agenda for the following reasons ... Mr. McCann: There was something else coming uplhat I need totalk to you about. The October agenda will not be available. Mr. Taormina: I was not aware of that. I would just point out though that tabling this beyond October 27, we would look to have the petitioner recognize that would carry past the 60 days in which we have to make a recommendation on the petition. 18824 Mr. McCann: I discussed that with the City Attorney. He's brought new information with regard to the expansion of Hubbard Road. In order to put the site plan in tonight with the new information, we can continue beyond the 60 days according to the City Attorney. Therefore, the October 16"' meeting will not be available, so we can either do it on October 30" or November 20"'. Mr. Taormina: Either or. Mr.Alanskas: The20r"of November. On a motion by Mr. Alanskas, seconded by Mr. LaPine, and unanimously approved, it was #10-148-01 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 2, 2001, on Petition 2001-08-01-09, submitted by William Roskelly, requesting to rezone property known as Rosedale Gardens Lots 1137 to 1146 and Lots 1167 to 1176 located on the west side of Cranston Avenue between Orangelawn Avenue and West Chicago Road in the Northeast%of Section 34 from PL to R-1, the Planning Commission does hereby recommend that Petition 2001-08-02-09 be tabled until the next Regular Meeting of November 20, 2001. Mr. McCann, Chairman, dedared the motion is carried and the foregoing resolution adopted. ITEM #3 PETITION 2001-08-0244 Joe's Produce Company Mr. Shane, Acting Secretary, announced the next item on the agenda is Petition 2001-08-02-14 by Joe's Produce Company requesting waiver use approval to utilize an SDM license in connection with an existing fruit and vegetable market located on the north side of Seven Mile Road between Shadyside and Mayfield in the Southwest%of Section 3. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCann: Is there any correspondence? Mr. Nowak: There are four items of correspondence. It first item is from the Engineering Division, dated August 20, 2001, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to 18825 the proposal or the legal descriptions contained therein at this time." The letter is signed by David Lear, P. E., Civil Engineer. The second letter is from the Livonia Fire & Rescue Division, dated August 22, 2001, which reads as follows: This office has reviewed the site plan submitted in connection with a request to operate an S.D.M. license in connection with an existing fruit and vegetable market on property located at the above -referenced address. We have no objections to this proposal." The letter is signed by James E. Corcoran, Fire Marshal. The third letter is from the Division of Police, dated August 24, 2001, which reads as follows: 'We have reviewed the plans in connection with a proposal to operate an S.D.M. license. We have no objections to the plans as submitted." The letter is signed by Wes McKee, Sergeant, Traffic Bureau. The next letter is from the Inspection Department, dated August 23, 2001, which reads as follows: "Pursuant to yourrequest ofAugust 16, 2001, the above - referenced petition has been reviewed. The following is noted. (1) The submitted plan is not accurate as depicted. The area north of the building depicted as grass is actually eight parking spaces. (2) The parking area north and east of the building requires maintenance, repair and resealing. The entire lot requires double striping. (3) A barrier -free parking sign is missing on the east side of the building. (4) A waiver from the City Council will be required as this proposed use is within 500 feet of an existing SDM use (Hellenic Bakery). This Department has no further objection to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? C. R. Charest, Jr., 32437 Five Mile, Livonia, Michigan. I'm an attorney representing and appearing on behalf of Joe's Produce Company. We are asking the Commission to recommend the waiver use approval that's required to obtain an SDM (Specialty Designated Merchants) license from the Liquor Control Commission. We're also asking the waiver of the 500 foot requirement as it pertains to the existing SDM license which is the Hellenic Bakery. Again, Joe's wants to introduce good wines and at some time later perhaps microbrews, that is beers. They proposed initially about 131 feet of shelf space which is in a diagram with the petition. Joe's is first and foremost a produce company, high quality fruits and vegetables. They've been a very good corporate citizen for many years in the community. Joe's does not intend to become a party store or a liquor or beer or wine store. The purpose of the wine is to complement existing products which are gourmet specially foods in addifion to the faits and vegetables. Itwill enhance the fait baskets and the floral products that Joe's Produce already provides. We think that Joe's is in harmony with the neighborhood. Selling wine won't have an adverse effect on 18826 any adjacent property. We think that the parking is adequate and that the volume of traffic is not going to be increased by any measurable extent by the addition of wine and perhaps beer. As to the comments from the Inspection Department, as far as I know, Joe's Produce is in compliance. If there are other minor things regarding the barrier -free parking space or certain parking spaces in the north area of the lot, we will certainly comply and do what's necessary to correct any violations. Mr. McCann: Are there any questions from the Commissioners? Mr. Alanskas: What kind of controls would you have in regards to selling to minors? Mr. Charest: I believe that it's a requirement of the SDM holder that its employees that would be selling at the register take a course that's provided by the Liquor Control Commission. In addition to that, most of the derks are experienced; they have been with Joe's Produce for many years. It's a matter of mature adults who are the head cashiers most of the time. Certainly everybody would be trained to ask for ID; that's the law. Mr. Alanskas: I know a lot of places also have little signs that say you must be bom before this dale before you can buy alcohol or beer. And I was just wondering if you were going to have those in the store. Mr. Charest: We haven't discussed that particularly, but I'm sure at the checkout counter we are required, I believe, to post some type of notice. Mr. Alanskas: The store is so busy, you've got people waiting 15 and 20 in a line. I'm just wondering how your people are going to say "just a minute I need to see your ID" and slop people going through those lines. This is going to lake more time for you and give your customers a little bit less service because they have to wail longer to get to the checkout. Mr. Charest: The majority of Joe's customers are adult shoppers — housewives, husbands picking up groceries on the way home. The teenage traffic or the under 21 traffic is very low. People have to use common sense and that goes into the training that all the cashiers will have. Mr. Alanskas: Well, it's probably because you have not had that problem in the past. Are you going to have signage on the outside of your windows that you're selling beer and wine? Mr. Charest: I believe so. We haven't addressed that but I would guess so. 18827 Mr. Alanskas: If you do that, then you may get some younger people trying to go in there and purchase and not be of age. Just so that you're aware of that. Mr. Charest: We do appreciate that, sir. That's inherent in the nature of that business, whether by -the -glass establishment or by -the -package at a store. Mr. La Pine: In respect to some of the violations. think one ofthem was the fad that the parking lot needs to be double striped. Well, the problem we have there is Joe just resurfaced that whole lot last year. The final coat has not been applied. He was hoping that it was going to be done this year, but apparently it is not going to be done this year. When that is finished, then he is going to do the double striping. There's no doubt aboutthat. He knows that. Anything else that's wrong there, I thinkthat if it's been brought to Joe's attention, I'm pretty darn sure he'd take care of it. Secondly about the beer and wine ... his son mentioned at oursludy session ... basically he's going to be selling Christmas baskets, specialized baskets. Most oflhe beer and wine I think is going to be done through that. Some people are going to pick up bottles of wine. You know, Joe's been at this location for many, many years. He's done a fine job there. He's won awards for landscaping; he's done everything the City's asked for. He has problems there. There's traffic problems there. The people on Shadyside don't particularly like the traffic going north on Shadyside. He's got a sign that says no left tum. Nobody can police that 24 hours a day. So I think overall if anybody deserves a liquor license after the many years he's been there, this gentleman deserves it. Thank you, Mr. Chairman. Mr. Charest: I would also note to the Commission that Hellenic Bakery is a substantially different type of business. The few times I've been in there, without sounding negative at all, they have Greek pastries; they have some Greek wine, some of the fancy the long -necked souvenr bottles; they have olive oil and breads, olives and things like this. So it's a substantially different store and from my investigation, it doesn't appear they do any significant volume at all of any wine or spirts. Mr. McCann: Is there anybody in the audience who wishes to speak for or against this petition? Michael Driscoll, 19229 Shadyside, which is within a few hundred feet of Joe's Produce. Myself and many of my neighbors are concerned about any changes that take place at Joe's. I think everybody agrees its a good establishment, but it's really outgrown its present location. 18828 As far as adding to that location's business by offering other products like a liquor license, it will continue to make a bad situation worse. We do have a ton of traffic on our side streets and it's because of a driveway from his parking lot onto Shadyside. It causes a dangerous intersection; people cannot enter their own street making a left hand tum or a right hand tum very well without having people coming out of that side entrance or parking lot exit. They can't egress that area very well. People don't want to tum Teff into Joe's from Seven Mile so they cul through Gable and down Shadyside and enter his parking lot. So there's really traffic concerns and parking concerns. Maybe there's a vacant building like Dannys where this business would be beftermoved. But that would not be addressed here. Ido think that some things could be done that would improve the neighborhood and his business and that would be eliminate all side street parking. We've got a dozen cars parked on Shadyside everyday of the week. We have semi -trucks that back down that road to enter that side street or his driveway from our side street, and that means at 6 and 7 o'clock in the morning our neighbors have diesel trucks and large trucks coming though there. That's not good either. The parking lot is loo small. That's why many of the employees are parking their cars out on the side street in the residenfial area. So those are some things that I think the Planning Commission needs to address. Other than that, I don't see how they shouldn't have this, but there are these other issues that I do think need to be addressed. Mr. McCann: Is there anybody else wishing to speak for or against this pefifion? Joseph Maiomna, Jr., 33152 W. Seven Mile. Owner of Joe's Produce. I get to the establishment early in the morning, and we dont tolerate diesel trucks driving up and down Shadyside. There are a few employees that do park on the side street, never twelve. I own a house right behind the store; it was our family home and we rent this house out. It's not cumently occupied. I park my car there. We own a fairly large parking lot. I believe that it was 4.8 acres on this site. We have numerous car parking spaces. We are a busy store. The reason for the wine is to complement people's dinner. I don't think we are going to draw additional traffic to Joe's Produce to buy wine. We are not a destination wine store. We're an upscale produce market and that's what we'll always be. Joe's Produce always wants to be a good corporate citizen. We have been there for 50 years. Anything we can do to accommodate our neighbor's, we want to do, but I do not see diesel trucks ever going down Shadyside. I don't see 12 cars parking on Shadyside. I'm in that area all the time. I don't see traffic up and down Shadyside. I guess I'm in disagreement with Mr. Driscoll's 18829 comment because I am an owner -operator that is present on site; I am there a great deal of the day. So that's my comments on that. Mr. Shane: I thought I understood Mr. Driscoll to say that the trucks back down Shadyside. Is that what they have to do when they come in off Seven Mile? They have to back in? Mr. Maiorana: I dont think they have to back in. They pull in but I dont know that they pull in on Shadyside. And if that is a concem, you can direct them not to use Shadyside. They could just use the entrance. Mr. Shane: That was my next comment. It is possible that you could redirect them? Mr. Maiorana: Absolutely. We're willing to cooperate with our neighbors in any way that we can. Mr.Shane: When they do that, can they go out the same way? Mr. Maiorana: Absolutely. Iftheydid loop out Shadyside, it would just be going right out Shadyside, never going dawn the street toward Mr. Driscoll's home or any of the residents' homes. It would just be going right out on Seven Mile. But they can be directed to use the entrance and not use Shadyside. Mr. Shane: That probably would help. This comment about cars parked on the street. Is there anyway you can direct your employees to not park there? Mr. Maiorana: Yes, I can try to do that. There's only maybe four or five cars that park there, maybe six at most, but I believe its four or five. Sometimes people get there early and they want to park close to the side door. Mr. Shane: Obviously he has some legitimate concems, and I'm trying to help him out here a little bit. Mr. Maiorana: Absolutely. We'll take care of those. Mr. Shane: Okay, thank you. Mr. Maiorana: But I dont think that any of those really have any bearing on an SDM license. Mr. Shane: No, I agree with that. Mr. Maiorana: But I am happy to know that there are some concerns, and we'll definitely take care of those. 18830 Mr.Shane: Thankyou. Mr. McCann: Is there anybody else wishing to speak? I will dose the public hearing. A motion is in order. On a motion by Mr. LaPine, seconded by Mrs. Dolan, and unanimously approved, it was #10-149-01 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 2, 2001, on Petition 2001-08-02-14, submitted by Joe's Produce, requesting waiver use approval to utilize an S.D.M. license in connection with an existing fruit and vegetable market located on the north side of Seven Mile Road between Shadyside and Mayfield in the Southwest%of Section 3, the Planning Commission does hereby recommend to the City Council that Petition 2001-08-02-14 be approved subject to the waiving of the 500 fool separation requirement set forth in Section 10.03(8)(1) of the Zoning Ordinance by the City Council for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as setforth in Section 19.06 of the Zoning Ordinance #543; 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. Thatthe utilization of an SDM license will complemenllhe existing use of the subject property and will provide an additional service to customers. FURTHER RESOLVED, that notice ofthe above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. A roll call vole on the foregoing resolution resulted in the following: AYES: LaPine, Shane, Dolan, Alanskas NAYS: None ABSTAIN: McCann ABSENT: Pieroecchi Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go onto City Council with an approving resolution. 18831 ITEM#4 PETITION 2001-08-0245 Jian-thong Chen Mr. Shane, Acting Secretary, announced the next item on the agenda is Petition 2001-08-02-15 by Jian-Zhong Chen requesting waiver use approval to operate a full-service restaurant on property located on the south side of Five Mile Road between Middlebelt Road and Beatrice Avenue in the Northeast %of Section 23. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Taormina: This is in the Northeast''/.of Section 23 which is bordered by Five Mile Road to the north, Middlebelt Road to the east, Meriman Road to the west and Schoolcraft to the south. This site is known as the Mid -Five Shopping Center. The requestthis evening is to occupy approximately 7,710 square feet ofthe existing vacant space that was formerly occupied by the Farmer Jack Supermarketfor use as anew full-service restaurant. In this particular case, the request is for City Lite, a Chinese buffet -style restaurant. The amount of space which is presently vacant within the shopping center is about 30,190 square feet. Therewas a recent petition that had been sought for the approval to utilize this space as a second hand retail outlet known as Value World. The Planning Commission denied that request. The restaurant that is proposed at this location would provide a total of 248 seats, 208 of those seats would be in the main dining area. In addition tothat, there would be a party room which would accommodate approximately 40 seats. This area does have sufficient parking available to accommodate the proposed use. There is one additional full-service restaurant located at this center, the Outback Steak House. In terms of the exterior improvements that are proposed as part of this petition, there would be new entryways and doors added to the east or the front elevation of this structure as well as new windows being added to the north side ofthe building. The signage that is permitted for this site is based on one square foot for one foot of frontage. Because this is a corner unit, they would also be entitled to a second wall sign that would be located on the north or the side elevation of this building. That would be half the allotted square footage so they would be allowed 52 square feet on the front or the east elevation plus 26 square feet on the north or side elevation. The current plans shoe a sign that is a little bit larger sign for the north elevafion which would require Zoning Board of Appeals approval, but as I understand it in talking with the owner of this center, they would limit the size of that sign to the required 26 feet. Thank you. Mr. McCann: Is there any correspondence? 18832 Mr. Nowak: There are four items of correspondence. Ilfirst item is from the Engineering Division, dated September 6, 2001, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. The following approximate legal description should be usedin connection therewith." The letter is signed by David Lear, P.E., Civil Engineer. The second letter is from the Livonia Fire & Rescue Division, dated September 6, 2001, which reads as follows: This office has reviewed the site plan submitted in connection with a request to operate a full- service restaurant on property located at the above -referenced address. We have no objections to this proposal." The letter is signed by James E. Corcoran, Fire Marshal. The third letter is from the Division of Police, dated September 5, 2001, which reads as follows: "We have reviewed the site plans in connection with the proposed full-service restaurant. We have no objections to the site plan as proposed." The letter is signed by Wes McKee, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated September 14, 2001, which reads as follows: "Pursuant to yourrequest of August 28, 2001, the above - referenced petition has been reviewed. The following is noted. (1) The parking area needs repair, maintenance, resealing and double striping. (2) There are no detailed plans for dumpster enclosure(s). Plans should be provided to the Commission's satisfaction. (3) The type of doors detailed forthe front entry (1 and 2) do not satisfy barrier -free accessibility requirements, (4) We count the number of seats at 256 (208 main restaurant and a maximum of48in the party room). This Department has no further objection to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. McCann: Is the pefifioner here this evening? Z. Y. Liu, 4743 Parkside Court, Ann Arbor, Michigan. This is Mr. Chen and he will be the restaurant owner. Because he does not speak loo much English, I am going to translate for him if required. Basically, what we are trying to do is use the 7,710 square feet. Therewill be interior innovation and establish a full-size Chinese restaurant. We will be family style and serve lunch and dinner only. I'd be very happy to answer any questions. Mr. Alanskas: Is it buffet only or can you sitclown and take a dinner offthe menu and be served? Mr. Liu: Mainly the buffet but a litlle bit carry out if someone wants to 18833 Mr. Alanskas: I understand but can you go there and sit down and order off the menu for a dinner instead of just the buffet? Mr. Liu: Just buffet, no menu. Mr. Alanskas: There is no menu? Mr. Liu: I'm sorry. Yes, you can also pick a dish from the menu. Mr. Alanskas: So you can sit down and be served as a dinner and not have the buffet? Mr. Liu: Correct. Mr. Alanskas: Thank you. Mr.Shane: How many employees will you have? Mr. Liu: A maximum of 15 people. Regularly 10, weekends maybe 15. Mr. Shane: What are your hours of operation? Mr. Liu: Typically, from 11 in the morning to 10 in the evening. On the weekends, from 11 to 11. Mr. Shane: Are you aware that there is some opposition from other restaurant owners to your locating here? Mr. Liu: He says (Mr. Chen) he does not know. Mr. LaPine: From the letterwe have received, I assume he has been in the restaurant business before in this location, around this area. Is that correct? Mr. Liu: Yes. Mr. LaPine: So he has operated a successful business. Mr. Liu: Correct, yes. Mr. LaPine: Are you going to be open on Sundays loo? Mr. Liu: Yes. Mr. LaPine: And what are the hours —11 to 11 on Sunday orjusl ... Mr. Liu: From 12 to 10. 18834 Mr. La Pine: Okay. That's all I have Mr. Chairman. Ms. Dolan: He said that he was not aware of other restaurants in the area being opposed to him coming in. They said that he had an oral agreement that he would not come in and open a restaurant within this vicinity. Does he know anything about that? Mr. Liu: He says no, no such agreement. Mr. McCann: Any other questions? Mr. Alanskas: I just have one more. Sir, what do you plan to do as far as remodeling inside; what are you going to do inside the building? Mr. Liu: Mainly two things. The kitchen as shown on the plan. The other thing, in the dining room basically carpel, ceiling, tables, chairs. Basically that it is. Mainly its interior. Mr. La Pine: Is he going to do any renovation on the outside of the buikling? Mr. Liu: He is proposing to open some windows as we show on the elevations. But this is just his thoughts which had to work with City about size and location; it's flexible. Mr. Alanskas: How long is your lease there for—two years, four years, five years? Mr. Liu: Fifteen years. Mr. Alanskas: Thankyou. Mr. Alanskas: If them are no further questions, I will go to the audience. Is there anybody in the audience wishing to speak for or against this petition? Michelle Lin, 16660 Quakertown. My family owns the Szechuan Empire restaurant just one street away from Farmer Jack. Wehavebeen there for over ten years. And what I see is many restaurants coming in this area every year. And our business keeps dropping down. Now it is to the point that it's very difficult for us to keep it running. The reason we're still staying here is because we have a 15 year lease. This is not because we did not maintain good service or good food. It's because there are too many restaurants in the area. I spoke to the other owners of restaurants in this area and they are all facing the same problem. They say too many restaurants here and only that many customers here. They are not doing well loo. If the City puts in another restaurant in this area, especially that big, like Chinese Buffet, I think we're going to 18835 close down and the other restaurant maybe too. I think we're going to be suffering and lots of people going to lose theirjob. This is not good for City. Only you can help us. Please do not ruin our business. Thank you. Mr. Alanskas: How many can you seat in your restaurant? Ms. Lin: 90. Mr. Alanskas: Thankyou. Jenny Tong, 8460 Telegraph Road, Taylor. I'm speaking for Mr. Li Zhao Qi from the address of 33897 Five Mile Road. He is the owner of Peking Buffet. Because he doesn't speak English, that's why I translate for him. Is that okay? Mr. McCann: That's fine, ma'am. Ms. Tong: What he heard before that Mr. Chen say he never live in Livonia, this town, before, right? Or he never had a restaurant in this area. He owned the Peking Buffet before January. And he knows in this area not have much of a people but people keep opening other new restaurants and the business been hurl, so that's why he moved out of that restaurant. So he sold his share to this Mr. Li and now he was promised that in front of a lawyer he say he won't have any restaurant open within three miles area. We know this address. That address was within two miles so he broke his promise. And he has so many people is also witness same area business and then he doesn't make that much of profit anymore because of course they had more people to move in to have a business and then the business goes down. If Mr. Chen has the other new Chinese buffet that much of a people of a seating set there; its going to have more people without a job and then without any business. Now he's trying to want you guys to stop him have a restaurant open over there. Any questions? Ms. Dolan: You said that Mr. Chen owned the Peking Buffet? Ms. Tong: Yes, he did before. They are cousins. Ms. Dolan: And he denied that? Ms. Tong: Yes, he denied and that's why he was very angry. Ms. Dolan: And you said that within a three mile ... we have a letter from the attorney stating that it was a five mile ... 18836 Ms. Tong: Yeah, he promised that but I just came into today. He just explained to me. He say he promised that in a certain mile he won't open up a restaurant but of course right now he broke that promise. He didn't write it down. Ms. Dolan: I guess my question is, if you had an attorney present, why didn't you have the attorney put that in the agreement in writing rather than make an oral comment? Ms. Tong: Because they are cousins and he trusts him. Ms. Dolan: You shouldn't trust him. Ms. Tong: But we still have witness for a lawyer assuming that he keeps his promise. Mr. Li, he said, when the time he knows he going to put a new restaurant in the old Fanner Jack and he spoke to his lawyer too and his lawyer says, I can be a witness. Before we think he would do his own job. He say he won't open now and we still trust him. And now that's why the lawyer writes a letter telling him that you broke your promise. You should not do that. When you sold your part of the share, you told us that ... Ms. Dolan: I understand that but I was just reading the letter and unfortunately they said it was orally promised. And I know sometimes orally its not really a good thing because if you write it down, it protects you a little bit better. Ms. Tong: Yes, but you think if we have a witness it would be better than nothing? Ms. Dolan: Its hard to say. Mr. Alanskas: I see your commeroials on TV all the time, and I've eaten in your restaurant. So I'm presuming that you're doing very well. Are you aware that in the last two months we've lost two Chinese restaurants? Ms. Tong: Yes. Mr. Alanskas: We lost Wing Yees and now we're going to lose Genghis Khan, so your business should be picking up. That's why in my estimation, does it warrant putting in another Chinese restaurant whether it's one, two or three miles? And my answer is yes; it does warrent that. It's a nice building. It's far enough away from you even though you're just around the comer, because actually your business is not Chinese. It's more like a Szechuan. Isn't that correct? 18837 Ms. Tong: No, they call it a Chinese buffet. The Chinese buffet includes Szechuan. Mr. Alanskas: No, I mean this gentleman's restaurant is more Szechuan food isn't d? No that's the other gentlemen that has the Szechuan. But I think in Livonia, the clientele that live here ... the Chinese people and Japanese ... I think there's enough business for everybody. Ms. Tong: But we think that within three miles, there are more than 10 Chinese restaurants already, and then ... Mr. Alanskas: Let me answer your question that way. In the whole City of Livonia, we have a drug store on this comer, one on that corner, sometimes one on that comer... and they all survive. They all do well. Ms. Tong: But they got pain ok? They need a medicine or they got to eat food, they go to some Fanner Jack or whatever. But do you think that in Livonia, has there that much of a Chinese people eating Chinese food? Mr.Alanskas: lvaries. Thankyou. Yuan Yi Xiao, 16709 Middlebell Road. Manager of China Kitchen. Wehave been here years. Right now I heard another Chinese restaurant come in this area. It's hard for me to survive because I'm not a big restaurant. Also, I have another friend he just opened Panda Restaurant on Schoolcraft; it's more carryout restaurant. And only thing, I don't mind Chinese people coming in the area. The only thing it's hard for us to survive if you have one big restaurant is what I'm concerned about it. Mall Commeyer, 32969 Hamilton Court. I represent the ownership of the shopping center. I'd just wanted to let the Commission know that we will address any parking lot issues. The dumpster enclosure is two or three sided; it can be fully enclosed. So any of the concems that the Inspection Department has we'll take care of. I think the other thing I can say, the operator does have another restaurant. Its in Farmington Hills around the comer from our office. The building is very nice. The interior is beautifully built out. They run a good operation. They have been in business there, actually I dont know how many years. It's been there a couple of years. Their business is good, and the use is appropriate for this center. Mr. Alanskas: Do you have any other plans for the rest of the building at this time? It has nothing to do with this petition. 18838 Mr. Commeyer. Yes, we do. We've signed a lease at the south end of the Fanner Jack space, 7700 square feet with Dollar General which is a dollar store, Family Dollar. The balance of the space is in negotiation with the food store. David Jacoznick: I'm speaking on behalf of Wing Tar Yu who owns Dale Yee's Chow Mein on Five Mile and Merriman. Basically I'm going to keep it short. Business is going to go down. People are going to lose theirjobs. He has about 15 people working for him; I help him out from time to time. I'm a good fiend of his family. Business will go down eventually. It's already started a few days back. We've been looking at the records and not so many people have been coming in as they used to. That's pretty much it. Ms. Dolan: You said thatyour business is declining, thatyou've notice people haven't come into the restaurant more. Obviously he hasn't opened up another restaurant yet. I eat out a lot and I see that there's usually a lot of crowding in the different restaurants. If you're seeing the restaurant dedine, is there another reason for it because obviously this restaurant has not opened. Mr. Jacoznick: Could you tell me any? Ms. Dolan: No, I'm asking you. Do you know of any reasons why? You said Ms. Dolan: Have you noticed a decline when other restaurants opened around you? I mean like the other restaurant owners that are here. I notice on the letter, their were several, the Peking Buffet, the other restaurants. Obviously all of them do the same type or style, other than Peking Buffet; it seems to be the only one that's competing thalyou noticed thatthe business slowed. Mr. Jacoznick: Right. But it will decrease further too. You can see that, right? Ms. Dolan: I don't know. Mr. Jacoznick: I'm saying that you could foresee that? A possibility. Ms. Dolan: Well, it's kind of difficult. If your business is declining now, its hard to say if it will continue to decline if another restaurant comes in. Mr. Jacoznick: But I'm saying possibly, not for sure. Ms. Dolan: Right. Mr. Jacoznick: Besides he's only been open for about a year. Ms. Dolan: Have you noticed a decline when other restaurants opened around you? I mean like the other restaurant owners that are here. I notice on the letter, their were several, the Peking Buffet, the other restaurants. Obviously all of them do the same type or style, other than Peking Buffet; it seems to be the only one that's competing 18839 with that. Do you feel that when these restaurants opened, that they look away your business? Mr. Jamznick: A little bit. Ms. Dolan: No? Mr. Jamznick: Not really. Ms. Dolan: Thank you. Mr. Alanskas: I shop at this center an awful lot. In fad, right next door to you is a placed called the Aquarium, and I'm there quite often. Next door to Dale Yee's, there was a Karate shop. And that had a lot of young people in there and mother's went there. So you had their business. And then down to the left or going west, you had the big fruit market, Anthony's, and they left. So that mall's got a lot of empty stores and does not have the traffic that it used to have. And I think that one's of the reasons that you may have a problem with business there. Ms. Jacoznick: Yes, thank you. Any other questions? OK, thanks a lot folks. Mr. Yee, 30242 Plymouth Road. I own the New China Buffet. I've been here about two years ago. This gentlemen, I don't know his name, just between one miles, doing the same style. The lady asking the questions, her restaurant is just across the street. So if they open 7,000 square feet, a lot of people could lose job, a lot of business got hurt, a lot of people got lay off. Mr. La Pine: Unfortunately, the restaurant business is a very competitive business. I think Mr. McCann, our Chairman, can attestto that because he was in the business. Restaurants survive or die on their service, their price and their food. If they have those three elements, they are going to survive. If not, they're going to die. Now this gentlemen is willing to make an investment in another restaurant. He may die in a year, maybe the business will just not work. But the point I'm trying to make, we are not in a position where we can dictate that we think there's too many Chinese restaurants in town. Maybe I think there's too many pizzerias in town. Maybe I think there's too many hamburger restaurants in town. But competition breeds better prices for the consumer, and it makes the owners work harder to promote their restaurants. Mr. Yee: Yes, we working way hard. And the price is very low. Mr. LaPine: Lel me finish. If you find out that this friend's restaurant is giving you a lot competition, then you've got to find unique ways to attract 18840 some of the customers he has away from him back to your restaurant. We're not in a position here to say well, we want to protect all these restaurants because they've been here for two or three years. Competition is good for everybody. Mr. Yee: If you open restaurants, they always serve the same food. Most people are ... they got a lot of food stuff. If you go same price, Chinese restaurant food. They say this big, price low. Our restaurant is small, about 150 seals. They are over 200 seats. Livonia is small city, not a lot of people you know. Mr. McCann: Not seeing anybody else wishing to speak, I'm going to close the public hearing. Does the petifioner have any last statements? Mr. Liu: I just want to make one statement; I talked to the owner. I agree, lots of cempefilion going on but I think he is waiting to make a commitment. It's a very big commitment for him because the lease. I think he has quality food and price. Thank you. Mr. McCann: Thank you. If there is nothing further, a motion is in order. On a motion by Mr. Alanskas, seconded by Mrs. Dolan, and approved, it was #10-150-01 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 2, 2001, on Petition 2001-08-02-15, submitted by Jian-Zhong Chen, requesting waiver use approval to operate a full-service restaurant on property located on the south side of Five Mile Road between Middlebelt Road and Beatrice Avenue in the Northeast%of Section 23, the Planning Commission does hereby recommend to the City Council that Petifion 2001-08-02-15 be approved subject to the following conditions: 1. That the proposed restaurant shall be limited to a total of 248 customer seats; 2. That the following issues as outlined in the correspondence dated September 14, 2001 from the Inspection Department shall be rectified to that department's satisfaction: - Thatthe parking area shall be repaired, resealed and double -striped as needed; - That a new dumpster enclosure, which shall be located immediately west of the proposed restaurant unit but no closer to the Five Mile Road right -of my line than the north wall of the shopping center building, shall be 18841 constructed consisting of brick or reinforced poured concrete walls with simulated brick pattern and wood endosure gates which shall be properly maintained and, when not in use, closed at all times; That the front entry doors shall be of a type that satisfy barrier -free accessibility requirements; 3. That wall signage for the proposed restaurant shall not exceed fifty-two (52) square feet on the east elevation and twenty-six (26) square feet on the north elevation as permitted based upon the provisions for an end business of a business center with exposure along two major thoroughfares under the sign regulations of Zoning Ordinance #543; forthe following reasons: 1. Thalthe proposed use is in compliance with all of the special and general waiver use requirements as set forth in Section 11.03 and 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice ofthe above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. A roll call vole on the foregoing resolution resulted in the following: AYES: Alanskas, LaPine, Shane, Dolan NAYS: McCann ABSENT: Piercecchi Mr. McCann, Chairman, dedared the motion is carried and the foregoing resolution adopted. It will go onto City Council with an approving resolution. 18842 ITEM #5 PETITION 2001-08-0246 Laziza, LLC Mr. Shane, Acting Secretary, announced the next item on the agenda is Petition 2001-08-02-16 by Laziza, LLC requesting waiver use approval to operate a limited service restaurant on the south side of Eight Mile Road between Middlebelt Road and Brentwood Avenue in the Northwest''/.of Section 1. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCann: Is there any correspondence? Mr. Nowak: There are four items of correspondence. It first item is from the Engineering Division, dated September 6, 2001, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. The following approximate legal description should be used in connection therewith." The letter is signed by David Lear, P.E., Civil Engineer. The second letter is from the Livonia Fire & Rescue Division, dated September 5, 2001, which reads as follows: This office has reviewed the site plan submitted in connection with a request to operate a limited service restaurant on property located at the above -referenced address. We have no objections to this proposal." The letter is signed by James E. Corcoran, Fire Marshal. The third letter is from the Division of Police, dated September 5, 2001, which reads as follows: "We have reviewed the site plans in connection with the proposed fullaervlce restaurant. It is our recommendation that the two handicap parking spaces cumentiylocated at the far west end of the parking lot be moved to the center of the complex and a curb cut/ramp be constructed to allow easier access to the walkway along the store fronts." The letter is signed by Wes McKee, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated September 13, 2001, which reads as follows: "Pursuant to your request of September 17, 2001, the above -referenced petition has been reviewed. The followingis noted. (1) We believe the seat count to be 60, not 3842 seats as indicated, and there is much empty area not allocated. (2) Due to the change in use group for this space, all required entrances and the space in its entirety must be fully accessible and barrier - free as though it were new construction. (3) The dumpster enclosure at the southeast comeris not as indicated. One side is completely open and the balance is in poor repair. (4) The existing brick face screen wall ends approximately 60 feet west of the east property line and approximately 70 feet east of the west property line. (5) The parking lot requires maintenance, repaving, 18843 resealing and double striping. The landscaping also needs maintenance. (6) There are dumpsters and debris in the rear (north) aisle. This Department has no further objection to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Michael Hachem, Bravo Design & Consultant, 6200 Schaefer Road, Dearborn, Michigan. I am the Design Consultant on this project and behind me is the new tenant of the new project. As the new tenant, Mr. Laziza called and asked me to do a carry -out restaurant first for him, which is acceptable to the City without going to the Zoning Board orthe Planning Commissioners. Now, afterwe submitted the plans to the City, Mr. Laziza has decided to lease a different space within the same plaza, I believe to the west comer of the building. Its a bigger space; it's twice as much spacewise. Its approximately 31,000 squarefoot. A third of the space will be utilized. Mr. McCann: Let's back up for a minute before we go any farther. Mr. Taormina, does this waiver use petition now need to be amended with the correct site. Is that cored? Mr. Taormina: Could you explain once again the change to the location? Mr. Hachem: First it was a small unit within the plaza. It's a single unit; it's a 20 x 80. It was almost located in the center of the space of the building. What we have done is changed the plans and we have submitted those plans to the City asking for it to be a seated space, full-service restaurant. We have before you now the correct site plans — located on the southwest comer of the building. It's a 32,000 square fool building. Mr. Taormina: That was the legal description that we utilized in connection with this request. Also, the notification that was senllo all ofthe abutting landowners, orthose property owners within 500 feet -- was measured from the overall site boundaries and nolthe legal description of the restaurant space itself. Mr. McCann: All right, I just wanted to make sure we could go forward. Mr. Hachem: As I was telling you, a little over a third will be utilized as bathrooms and kitchen area along with a front counter. And the rest of it is going to be utilized as a seating area but limited to, I discussed it with the owner, he looking for around 40 seats. Just to let you know, I believe this is the first Indian restaurant to be in the City of Livonia. I don't know if that's correct or not. I can see 18844 that the Plaza has accommodated plenty of businesses such as grocery stores, bakeries, and I believe there is a clinic, a doctor's office on the far east side ofthe building, along with a couple of vacant spaces. But parking -wise, we foresee that this is a very adequate plaza to contain such a restaurant and serve the public. I just want to make it short for all of you so that way you can eliminate the questions. Business hours will be from 11 am to 11 pm for lunch and dinner. Regarding all the items on the letter sent by Building Safety, a contact has been made with the owner regarding all these issues that need to be corrected, and this has already been agreed on too. So this is comment from the tenant to me that it has already been taken care of as far as this goes. Mr. McCann: Are there any questions from the Commissioners? Mr. Alanskas: How long is the lease for? Mr. Hachem: Five, five and five. Mr. LaPine: What kind of a restaurant is this? What are you going to be serving? Mr. Hachem: Basically Indian food. Mr. LaPine: You have a store there that sells Indian food. There's a number of stores that cater to Middle Eastern people. Mr. Hachem: Yes, they all come from the same family. Mr. LaPine: I assume you did your homework and you think that at this location you're going to be visible enough to make a go of it. Coming from the west going east, you're land of hid by the gas station on the corner. You set back so far from the road, I'm just wondering how you're going to draw your customers. I just can't believe, because Igo up this road twice a day, that these businesses that are in there now draw much traffic. Mr. Hachem: Nowadays there are a lot ofways to advertise for your business. There's always word of mouth, flyers, a commercial on TV. There's also going to be a sign up front on the north side ofthe building. Besides, the most frequent customers that visit the plaza are mostly Indian people. For others, of course, Eight Mile is a very nice street to advertise for that business as well. Mr. LaPine: I understand. I'm not trying to discourage you or anything. I just want to make sure you guys are successful. 18845 Mr. Hachem: I really appreciate that, but you know all businesses probably take off in slow motion in the beginning but later on either they make it or they break it. Mr. La Pine: Thank you. Mr. McCann: Are there any more questions? Is there anybody in audience that wishes to speak for or against this petition? Seeing no one, a motion is in order. I'll close the public hearing. On a mofion by Mr. Shane, seconded by Mrs. Dolan, and unanimously approved, it was #10-151-01 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 2, 2001, on Petition 2001-08-02-16, submitted by Laziza, LLC, requesting waiver use approval to operate a full-service restaurant on property located on the south side of Eight Mile Road between Middlebelt Road and Brentwood Avenue in the Northwest''/.of Section 1, the Planning Commission does hereby recommend to the City Council that Pefifion 2001-08-02-16 be approved subject to the following condifions: 1. That the seating capacity shall be limited to 60 customer seats; 2. That the following issues as outlined in the correspondence dated September 13, 2001 from the Inspection Department shall be rectified to that department's satisfaction: - That all required entrances and the space in its entirety must be fully accessible and banner free as though it were new construction; - That the existing dumpster enclosure in the southeast comer of the site shall be repaired and when completed shall consist of three walls constructed of brick or reinforced poured concrete with simulated brick pattern and having wood enclosure gates; and further provided that any additional dumpsters provided on the site shall be screened by means of a similar enclosure; - That the parking lot shall be repaved, resealed and double -striped and the landscape areas shall receive needed maintenance; - Thatthe debris in the rear aisle shall be removed from the site; and 18846 3. That the handicapped parking spaces currently located at the far west end of the parking lot be moved to the center of the complex and a curb cut or ramp be constructed to allow easier access to the walkway along the store fronts, as recommended in the correspondence dated September 5, 2001 from the Traffic Bureau of the Division of Police; for the following reasons: 1. That the proposed use complies 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 #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice ofthe above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. McCann: Is there any discussion? Mr. La Pine: Justonequeston.Mrs. Dolan just pointed out tome in our notes here that the menu has not been finalized yet. The petitioner indicated that it would probably include regular pita sandwiches, coney islands, soups, salads, Greek and Middle Eastern specialties. Has that all gone by the wayside? It's now going to be an Indian restaurant? Mr. Hachem: We have mentioned that most ofthe Indian -Middle Eastern type foods are all similar foods. They come from the same family type, like shish-ka-bobs, meat -wise I'm talking about; they are all similar. You can't only call it Indian. They come from a similar family foodwise. As far as soups, soup has to be served at any place you go to whether it's Chinese, Indian or American. Mr. La Pine: Thank you, Mr. Hachem. Mr. Hachem: You're very welcome. Thank you. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. 18847 ITEM #6 PETITION 2001-03-06-03 Zoning Ordinance Amendment (Drivellp Windows) Mr. Shane, Acting Secretary, announced the next item on the agenda is Petition 2001-03-06-03 by the City Planning Commission, pursuant to Council Resolution 539-01, 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 Sections 10.02 and 10.03 of Article X and Sections 11.02 and 11.03 of Article XI of the Zoning Ordinance so as to designate drive -up windows for all types of businesses as waiver uses. Mr. Taormina: This proposed language amendment was initiated by the City Law Department and referred to the Planning Commission by the City Council on February 7, 2001. The original question was whether to amend the Zoning Ordinance in order to designate drug stores and pharmacies as waiver uses instead of pernitted uses in commercially zoned districts. On May 8, 2001, the Planning Commission held a public hearing and determined that a more equitable solution would be to classify drive -up window facilities as waiver uses for all commeroial businesses and notjust for pharmacies and drug stores. Other communities such as the City of Troy and Lathrop Village use the same approach and treat dive -up window facilities as conditional or special land uses. The proposed language amendment would require waiver use approval for dive -up windows in the C-1 and C-2 Districts and would make the use subject to certain conditions including: 1. That the traffic lane serving the drive -up window shall be at least twelve (12) feel wide; 2. That the turning radius on any curve in the drive -up window traffic lane shall be no less than fifteen (15) feet; and 3. That a sufficient amount of waiting space, physically separated from oft -street parking areas and drives, shall be provided at a minimum rate of at least four (4) car spaces for each drive -up window or service facility, in addition to the space at the drive -up window or facility, oras recommended by the Planning Commission and approved by City Council. Mr. McCann: Is there anybody in the audience that wishes to speak for or againstthis petition? Hearing no one, a motion is in order. I will close the public hearing. 18848 On a motion by Mr. Alanskas, seconded by Mrs. Dolan, and unanimously approved, it was #10-152-01 RESOLVED, that pursuant to a Public Heading having been held by the City Planning Commission on October 2, 2001, on Petition 2001-03-06-03, submitted by the City Planning Commission pursuant to Council Resolubon 539-01, 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 Sections 10.02 and 10.03 ofAdicle X and Sections 11.02 and 11.03 of Article XI oflhe Zoning Ordinance so as to designate drive -up windows for all types of businesses as waiver uses, the Planning Commission does hereby recommend to the City Council that Petition 2001-03-06-03 be approved for following reasons: 1. Thatthe proposed language amendmentwill address the issue of drive -up window facilities by providing minimum standards for the safe and convenient access to and around such facilities; 2. That the proposed language amendment will provide for more comprehensive language relative to the location and nature of drive -up window facilities; and 3. That the proposed language amendment is consistent with the intent and purpose of the Zoning Ordinance which, among other things, is to prated the health, safety and welfare of its citizens. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM#7 PETITION 2001-07-06-08 Zoning Ordinance Amendment (Time Limit—Add't. Info) Mr. Shane, Acting Secretary, announced the next item on the agenda is Petition 2001-07-06-08 by the City Planning Commission, pursuantto Council Resolution 354-01, and pursuantto 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 18.58 of Article XVIII of the Zoning Ordinance to establish a 60 -day time limit from the date a site plan is approved by the City Council for the submittal of any additional information, such as landscape plans and signage. 18849 Mr. Taormina: As directed by the City Council, the Law Department has prepared an amendment to the Zoning Ordinance which, if adopted, would establish a 60 -day time limit from the date a site plan is approved by Council for the submittal of any additional information, such as landscape plans and signage. The time limitation forthe submittal of new information is being proposed in the interests oflrying to be more efficient and expedient in the processing of site plans. Section 18.58, Site Plan Approval, contains a subsection (c) pertaining to certain limitations placed on the approval of site plans. The new subparagraph would be added under this section which would read as follows: (2) If the City Council approves a site plan conditional upon the petitioner submitting additional information such as, but not limited to, revised site plans, landscape or signage plans, said information must be submitted to the City for review within sixty (60) days from the date of approval of the site plan unless more time is granted by the City Council. Ifthe additional information is not submitted, no building permits shall be issued by any City department for work or improvements at the subject site. Mr. McCann: Is there anybody in the audience that wishes 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. La Pine, seconded by Mr. Shane, and unanimously approved, it was #10-153-01 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 2, 2001, on Petition 2001-07-06-08, submitted bylhe City Planning Commission pursuantto Council Resolution 354-01, 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 18.58 ofArlicle XVIII ofthe Zoning Ordinance to establish a 60 -daytime limitfrom the dale a site plan is approved by Council for the submittal of any addi0onal information, such as landscape plans and signage, the Planning Commission does hereby recommend to the City Council that Petition 2001-07-06-08 be approved for following reasons: 1. That the proposed language amendment will provide a time certain condition relative to the submission of additional information required to complete the review of a site plan by the Planning Commission and City Council; 18850 2. That the proposed language amendment would insure the review of such items is done on a timely and consistent basis; and 3. That the proposed language amendment is consistent with the intent and purpose of the Zoning Ordinance which, among other things, is to protect the health, safety and welfare of its citizens. Mr. McCann: Is there discussion? Mr. Alanskas: I know this came up because one time someone did not come in with additional information within 60 days; he came in a year later. But I really think it's good to have this information because I think it will make petitioners be more on a timely basis. Thank you. Mr. McCann, Chairman, dedared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #8 PETITION 2001 -08 -PL -02 Rambling Acres Sub Mr. Shane, Acting Secretary, announced the next item on the agenda is Preliminary Plat approval for Rambling Acres Subdivision (Petition 2001 -08 -PL -02) for a subdivision proposed to be located on the west side of Farmington Road between Plymouth Road and Hathaway Avenue in the Northeast 1/4 of Section 33. Mr. Taormina: This site is in Section 33 which is bounded by Plymouth Road to the north, Farmington Road to the east, Joy Road to the south and portions of Wayne Road to the west. The property is located at the southwest corner of Richland and Farmington Roads. This is a parcel that is presently platted as part of the Livonia Supervisors Plat No. 2 consisting of Lots 119d, 120d, 121d, and 122d. The site area is roughly 2.79 acres and includes 305' of frontage on Farmington Road and 398' on Richland. These lots were originally platted with depths of 627' but the westerly 229' of each of these lots was split off and recombined to forth three lots that lie immediately west of the subject properly. Thisisimportant because the further partitioning of these lots by means of any splits or combinations is not allowed pursuant to the Land Division Act, and that is why the request before you this evening is for the establishment of a new plat. The proposed division of this property would establish four lots. The parcels are presently zoned RU F. It is the intention to develop these sites all in conformance with the RUF District regulations which require each 18851 parcel to be a minimum of 21,780 square feet in area. There would be three sites established with frontage on Farmington Road and a fourth site with frontage established along Richland Avenue. As indicated, all ofthe proposed lots do conform to the RUF District regulations. The surrounding land to the north, west and south is also zoned RUF. The area immediately east across Farmington Road is presently zoned R6. Thank you. Mr. McCann: Is the petitioner here this evening? Bryan Amann, Brashear, Tangora, Gallagher, Creighton and Amann. We appreciate the time and effortlhe Planning, Engineering and Law Department staffs have put into this project. Mr. and Mrs. Tislerics are present at the back of the room. We think the reports have dealt with it sufficiently. We're prepared to answer any questions you might have. Mr. McCann: Are there any questions from the Commissioners? Mr. Alanskas: Mark, is it true that because theres only four lots, they will not need an entrance sign? Mr. Taormina: That is cored. The Subdivision and Land Division Regulations stipulate that the Planning Commission may require an entrance monument. But in this particular case, I'm not aware of any plans to place such a monument at this location, and I'm not sure that its even warranted given the relatively small size of the project. Mr. Alanskas: With four lots, I wouldn't think it would be. Mr. Shane: Mr. Taormina, I presume that on Lot No. 4 there's enough area left over after the stormwater easement to properly construct a home? Mr. Taormina: Yes, we have reviewed the site plan and feel that there are sufficient envelopes available on each of the sites for homes that would be compatible with the neighborhood. Mr. McCann: Is there anybody in audience that wishes to speak for or against this petition? Dan Aubrey, 33490 Hathaway. I'm either for or against this. Concerns I may have is our property adjoins two of the proposed developments as far as our backyard is concerned. And there is about a 30' section of woods back there. It's mostly scrub and a few small trees and a few large trees within that area. I don't know if I'm at the point where I should be asking whether these things are going to be developed or not. What about the existing house that is there now? Its kind of an old farm house. Is that slated to be razed? 18852 Mr. McCann: Mr. Amann, can you answer that question? Mr. Amann: Actually that's the house that Mr. and Mrs. Tslerics live in. That will remain on one of the reconstituted lots. We actually vacated this portion of the previous plat by court order about a year and two months ago to arrange for this action. That house would stay there so we'd end up with three additional lots out of that. I think the plan also reflects the attempt to minimize any impact on the existing trees or scrub. It will comply with the ordinance as required, sir. Mr. McCann: Is there anything else, sir? Mr. Aubrey: Do they plan on taking the woods? Putting up a fence? There's no current fence in the back. Will these homes be single family homes? Will they own the property and the house? Mr. McCann: Yes. If its an RUF district, ilwill be a single family home and I believe that is the intent as well. But I think under the RUF districts, it has to be single family residences. CorrectMr. Taormina? Mr. Taormina: That is correct. Mr. Amann: The petitioner acknowledges that as well, Mr. Chairman, and acknowledges that they will be sold to single family homeowners. Ultimately when they own the property, they will be subject to the ordinances as to any removal of any trees or anything else like that. Just as if you have trees on your lot, you can do certain things within compliance with the ordinance. Mr. Aubrey: So it's very possible that the homeowner could remove it all and put up afence, if its within the current ordinance? Mr. McCann: Its always possible. With the value of trees that are placed on properly, it's generally considered diminishing value if you take down a tree, especially if you have large lots like these are. Mr. Aubrey: Did we establish that these will be mnclrstyle homes? Mr. McCann: I don't believe that's been established as to whattype of homes. Mr. Taormina: We re not there yet. Mr. McCann: Is there anybody in the audience that wishes to speak for or against this petition? 18853 John Rossi, 9401 Farmington Road, which is the adjoining house on one and two on the plat here. My only concern is that when this was originally presented, we came down to the City and looked at the information. They said they would require that sidewalks be put in around the property. That's the only concern I have, is that I really don't want sidewalks. We have lilac bushes all along the front of our house and it would conflict with the neighborhood in the area. Mr. McCann: Mr. Taormina, is there a requirement for sidewalks under RUF zoning? Mr. Taormina: Actually, that particular requirement may be waived where there are minimum lot sizes achieved. And all the lots proposed under this development exceed those minimum requirements. So no, sidewalks are not a requirement. Mr. McCann: We would have to waive them or would it go to Council? Mr. Taormina: I believe that's an action that the Council would have to take on this particular item. Mr. Rossi: So I guess I'd be for this change because we do need to have more houses. Mr. McCann: Your statements will be part ofthe record. This is a preliminary plat and we hold the only public hearing on this. However, it still will go to Council will it not? Mr. Taormina: Yes. What we can do is give his gentlemen a phone number where he can reach us to find out exactly when that item will be before the Council. Mr. Rossi: Thank you very much. Mr. Amann: Just in partial response to that. The petitioner will join in the request for the Council to waive the requirement for sidewalks there as well. Mr. McCann: Ifthere is nothing further, I will close the public hearing. A motion is in order. On a motion by Mrs. Dolan, seconded by Mr. LaPine, and unanimously approved, it was #10-154-01 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on October 2, 2001, for Preliminary Plat approval for Rambling Acres Subdivision (Petition 2001 -08 -PL -02) for a subdivision proposed to be located on the 18854 west side of Farmington Road between Plymouth Road and Hathaway Avenue in the Northeast 114 of Section 33, the Planning Commission does hereby recommend to the City Council that the Preliminary Plat for Rambling Acres Subdivision be approved for following reasons: 1. Thatthe preliminary plat is drawn in compliance with all applicable standards and requirements as set forth in the Zoning Ordinance #543 and the Subdivision Rules and Regulations; 2. That the proposed preliminary plat represents a design which is compatible tolhe surrounding residential development; and 3. That no reporting City department has objected to approval of the preliminary plat. Mr. McCann, Chairman, dedared the motion is carried and the foregoing resolution adopted. It will go onto City Council with an approving resolution. ITEM #9 PETITION 2000-05-08-07 Lakeside Estates Site Condo Mr. Shane, Acting Secretary, announced the next item on the agenda is Petition 2000-05-08-07 submitted by Lakeside Estates Site Condominiums requesting approval for an entrance marker and landscaping for the site condominium development located at 34200 Ann Arbor Trail in the Southeast''/.of Section 33. Mr. McCann: This does conclude the Public Hearing section of our meeting tonight. But we will accept comments for and against petitions on this site plan section. Mr. Miller: This site is located on the north side of Ann Arbor Trail between Joy and Stark. Back in July, 2000, this development received Site Plan approval as part of the conditions of approval. Itwas conditioned that the Landscape Plan for the 30' wide easement along Ann Arbor Trail and an entrance marker come back before the Planning Commission and the City Council. This is what's before you tonight. This is a pretty well detailed Landscape Plan that meets all the requirements of the ordinance. The petitioner has also pointed out that the detention and forebay area of the easement conforms with the recommendations of the Wayne County Drain Commission, which reviewed the site plan. Because of the overall size of this development, the Commission had to review it to make sure that the detention fit the development. They made recommendations of what plant material should be involved in this area. The petitioner has conformed to that. He's also put a 18855 nice variety of plant materials along Ann Arbor Trail. The 30 R. wide easement continues into a small park. There is landscape material going into the park. They are allowed an entrance marker at 20 sq. R; this is a 20 sq. R. entrance marker. It's made of natural materials. It also matches the existing sign for Lakeside Estates Subdivision which is located to the south. These are site condos but basically it will look like one development. The sign will be located on the south side of the entrance drive, which is called Norwich Drive, and will be within the landscaped area on the south side of the street. Mr. McCann: Is there any correspondence? Mr. Taormina: There is one item of correspondence. Itis from the Inspection Department, dated September 27, 2001, which reads as follows: "Pursuant to yourrequest of September 17, 2001, the above - referenced petition has been reviewed. The following is noted. (1) This petition as submitted will need the following variances from the Zoning Board ofAppeals for the entrance signage: (a) Excessive height. Maximum five (5) feet allowed, proposed 5 feet 6 inches tall, (b) Excessive signage area. 20 square feet allowed, proposed approximately 25 square feet. This Department has no further objection to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Is there anything additional that you think we need to know, Mr. Soave? Leo Soave, 34822 Pembroke. No sir, I don't. If you have any questions, I'll answerthem. Mr. McCann: Is there anybody in audience that wishes to speak for or against this petition? Seeing no one, a motion is in order. On a motion by Mr. Alanskas, seconded by Mr. Shane, and unanimously approved, it was #10-155-01 RESOLVED, that the Planning Commission does hereby recommend to the City Council that Petition 2000-0508-07 in connection with the Lakeside Estates Site Condominiums requesting approval for an entrance marker and landscaping for the site condominium development located at 34200 Ann Arbor Trail in the Southeast''/.of Section 33, be approved subject to the following conditions: 18856 1. That the Landscape Plan marked Sheet 1 dated 8/20/01 prepared by Arpee/Donnan, is hereby approved and shall be adhered to; 2. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 3. That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condifion; 4. That the Entrance Marker shown on the approved Landscape Plan is hereby approved and shall be adhered to; 5. That the Entrance Marker shall not exceed 20 sq. ft. in sign area or 5 ft. in height; 6. That the brick used in the construction of the Entrance Marker shall be full face 4 -inch brick, no exception; and 7. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #10 PETITION 2001-09-08-25 National Specialities (BP Gas Station) Mr. Shane, Acting Secretary, announced the next item on the agenda is Petition 2001-09-08-25 submitted by National Specialities, on behalf of BP Gas Station, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct an addition and renovate the exterior building elevations of the gas station located 31301 Five Mile Road in the Southeast %of Section 23. 18857 Mr. Miller: This site is located on the southeast corner of Five Mile and Merriman. The petitioner is proposing to construct a small addition to the west elevation of the existing gas station. Presently there is an overhang in this area. Basically what they would be doing is endosing the overhang. The existing building is 1,917 sq. R. in size, and the addition would be approximately 150 sq. R. Presently this is more of a service station where they have service bays. With this addition, the service station would be able to be converted into a convenience store. Also, the site plan shows that a new pump island canopy would be constructed towards Five Mile Road. Right now the canopy is parallel to the site and the new one would run along Five Mile. The new canopy would be 30 feet by 100 feet, much larger than the existing canopy. Also, since the Study Meeting, the petitioner has submitted a cutout of the proposed canopy. As he stated, it would not exceed 18' in height, which is the ordinance, and also the canopy columns that support the canopy would be constructed out of brick. The elevation shows that the north elevation, or the elevation that faces Five Mile, would be completely redone. Presently there are service doors that would be removed. The entrance would be shitted over a little bitto the east. More picture windows would be installed. Brick would be installed up to the lop of the windows and the door all way across. Even on the existing carwash that is on the site, the brick would be removed and new brick would be installed to match the new brick of the gas station. Right now there is a peak roof on the gas station. The petitioner is proposing to use what they call an ACM panel which is a metal type of panel that would be more like a parapet wall that would hide this peaked roof. This would be carried over a little bit to the west elevation. The west elevation would be constructed out of brick. This would be the new addition. The rear elevation would match the existing building which is a painted brick or a block. The ACM panel, or metal panel, would be carried slightly over to this elevation to enhance it. Mr. Alanskas: Is there any correspondence? Mr. Taormina: There are three items of correspondence. The first letter is from the Inspection Department, dated September 26, 2001, which readsasfollows: "Pursuant to your request of September 17, 2001, the above -referenced petition has been reviewed. The following is noted. (1) As proposed this site will be further deficient in landscaping area than was previously existing. Further, there is no detail as to irrigation of landscaped areas, or how the removed drive approach will be completed. (2) This plan details no seating in the restaurant area. If there is any seating, this site would require furtherwaiver use approval. (3) The distance from the leading edge of the canopy to the property line should be detailed as being ten (10) feet orgreatec (4) All construction, fixtures, 18858 counter and doors must meet the barrier -free accessibility code in its entirety. This will be addressed atplan review. (5) The petition should be adjusted to provide required barrier -free van accessible parking closest to the entrance and all parking spaces must be double striped. (6) Existing asphaltpaving will need to be repaved. (7) No signage has been reviewed due to a lack of detail. (8) The landscaping is in disrepair and needs maintenance. At least two (2) trees are dead and need to be replaced. This Department has no further objection to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. The second letter is from the Division of Police, dated September 19, 2001, which reads as follows: 'We have reviewed the site plans and have no objections to the plans as submitted. One handicap parking space is required that must be individually signed as per city ordinance." The letter is signed by Wes McKee, Sergeant, Traffic Bureau. The final item of correspondence is from the Department of Public Safety, dated September 24, 2001, which reads as fol lows: 'This office has reviewed the site plan submitted in connection with the request to construct an addition and renovate the exteriorof the gas station located at the above - referenced address. We have no objections to this proposal." The letter is signed by James T. Corcoran, Fire Marshal. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Michael Beydoun, National Specialties Installation, Inc., 12747 Stout, Detroit, Michigan 48223. Mr. McCann: Could you tell us about your proposal? Mr. Beydoun: We want to renovate the existing station with a little carry -0 t restaurantwith no seating as Mr. Miller stated. Since we are going to change the signage on the banner from Shell to BP, we have to keep a certain image with BP as far as their standard with the colors on the outside and using ACM materials. I have a sample of the ACM material. It's usually used on canopies and on high rise buildings. It's actually aluminum on both sides and I understand there is some kind of plastic in the center of it. loan pass that around so you can look at it. This is not the color; the color should be in green. Mr. McCann: What kind of cant'-0ut restaurant? Mr. Beydoun: It's going to be one with no cooking. We're talking to Mr. Pita right now. Just maybe cold sandwiches or like a sub shop. So its just more convenience for the customer. They walk in, put in their gas, pick up a sandwich or something and they can just keep going. IE:fiSl It's been done like that all over the stations right now. This is also part of the requirement that we would have to comply with all their standards and image. Mr. Alanskas: Is this going to be a 24-hour operation? What are your hours going to be? Frank Aziza, Dealer. The hours would be filo 12. Mr. Alanskas: Seven days a week. Mr. Aziza: Yes, sir. Mr. Alanskas: Are you going to also keep the car wash there? Mr. Aziza: Yes, sir. Mr. LaPine: This color you gave us was a blue. I thought British Petroleum was green? Mr. Beydoun: Right, sir. I said we could not actually get the exact color. That's only the type of material. Mr. LaPine: That's just the composition. That's not the color. Mr. Beydoun: No, sir. Mr. LaPine: British Petroleum has taken over all the Shell stations? Mr. Beydoun: Actually Amoco and BP have merged. BP has taken over all of the Amoco stations. Shell is no longer in the Wayne County area so they sold all their stations, and they left it up to the owner of the station to go ahead and re -brand it the way he wanted. Mr. LaPine: So is each individual station in Livonia which is an Amoco will change over to British Petroleum? Will the owner have the say so how those stations are renovated or will we have one standard type that will go throughout the whole City? Mr. Beydoun: We have one standard type that is going to go throughout. I am mainly involved with BP in changing the image on about 120 stations in the area around here. Mr. LaPine: So basically when this station is finished, it will be a prototype. So if any other station in Livonia is going to be changed, it will be basically the same way. Mr. Beydoun: Yes, sir. 18860 Mr. La Pine: Except maybe they won't have the car wash. Mr. Beydoun: Yes, they will not have the carwash and the color of brick they have on the outside. We'll just have to work things out with the city. Mr. La Pine: Regarding the convenience store, will it sell nonnallywhalgas stations sell— pop, milk, coffee, sandwiches, things ofthatnature? Mr. Beydoun And some candies and chips. Mr. La Pine: And you realize that you can't have any outside storage onthis station? Mr. Beydoun: Yes, sir. Mr. Alanskas: In regards to the lighting that we discussed at our Study Meeting, is that going to be recessed so it's not real bright over your canopy? Mr. Beydoun: Its actually going to be recessed. I discussed that with Planning and they asked for ilto be recessed. We've already ordered for it to be recessed. Mr. Alanskas: Because lately, a lot of stations have really put some bright lights up and it's intrusive on the neighbors. Especially in this comer, you have neighbors behind you. I want to make sure we don't have that problem here. Are you aware that you cannot put any pop or anything outside to sell? All you can have is something that is petroleum based. It's got to be like windshield washer solvent, anti -freeze, motor oil, but nothing else, especially pop. Mr Beydoun: Yes, sir. We're not putting any pop out. Mr. Shane: I know you don't have a landscape plan at this time but there is an area on your site plan where you are relocating existing parking. It appears as if the existing area is larger than the proposed area? Mr. Beydoun: Yes, sir. Mr. Shane: It seems to me that you don't have to cul it down that far because you won't need 74' feel between there. Mr. Beydoun: The reason we cul that we ... Mr. Shane: The side of the building and the landscape area only need to be 62' or so. IF3,101 Mr. Beydoun: Is this the area you are referring to? Mr.Shane: Yes. Mr. Beydoun: The reason we cul it out is because we don't want d to be in a conflict with the cars that park right here. We don't want them to back into each other. Mr. Shane: It seems to me you could keep most of that area and still accomplish the same thing. You don't need that much area to park cars on each side of the aisle and middle. Mr. Beydoun: We actually did not cut it much. I believe wejust cutfve feet out ofit. Actually it's better for the cars to manuever. We closed one of our approaches here also. We just gave that one away without you guys asking us for it. Wejust gave it away so it helps. Mr. Shane: That's fine. Mr. McCann: If you add a few feet there that would be good. Mr. Beydoun: I have only one thing to add about the color on the building. We did some kind of color rendering and this is actually the green that goes like that. At first, in the beginning we proposed the entire building to be ACM, and when we came back to the Planning Commission, they said you would like to see some more brick. And we went up with the brick, but whom do I need to ask one morething? Ifit's possible to have atleastthis part hereof panels coming down instead of just breaking it up with the brick like we proposed before. Mr. McCann: How wide is that? Mr. Beydoun: This is maybe 8'to 9'this way and itgoes back another T this way. So it's not more than 11' or 12'. Mr. McCann: What's the purpose of doing that? Mr. Beydoun: To keep almost a standard image of BP all over. I do have some pictures here of some of the other sites. Mr. McCann: One of our concerns is that as these Amoco and other stations change, what are we going to be setting the standard for throughout the City. How wide is that panel? Mr. Beydoun: This one right here? That would actually vary. This is probably like 8'to 7' in height. 18862 Mr. McCann: It's a pretty wide band to begin with. Mr. Beydoun: We're trying to cover up that peak ifwe can because it doesn't even ft with the BP image to keep it up like that. We've already put up the first BP station on Haggerty and 1-94. Mr. McCann: It's not the standard that we're going with in the City. We've had gas stations come before us very recently, and we are trying to create an image that they are all brick to the roof line; they have brick columns around the posts. And as these stations have been coming in, we've been pretty uniform in requiring that. I thinkthat could be a problem. Mr. Beydoun: Because I was actually asked justto come upwith two fool brick in the front, and I said no I'll just carry it all the way up to the height of the windows because it looks a lot better that way. Mr. McCann: I understand what you're saying. Are there any more questions from the Commissioners? Mark, I'm looking through the plans. How far up does it go on the plans that are submitted to us right now? The comer is not green. Is that correct? The revised plans? Mr. Taormina: The revised plans show that the brick would wrap around the lower part of the building across the entire north elevation as well as the west elevation. The band on the upper portion of the building would be about 8 feettall. That's how it's shown presently. And as I understand it, what he would do is remove the brick that is shown on the northwest corner, at least that portion facing north, that's about 8 feet in width between the window to the comer of the building and replace that with the ACM panels. Mr. McCann: I lhinklhis is going to be creating standards coming within the City. We might need to look at this a Iittie closer. Mr. Shane: Personally, I'd like to leave that brick and do away with the panel coming down. Mr. McCann: We're trying to figure outyour pictures still. Mr. Alanskas: I thought it was a changing station. Mr. Beydoun: This is built inside a warehouse in Atlanta when they made the first station and they want all of them to look like that. thinkthereis another picture here too if you'd like to look at it. That would actually show the canopy and the building. You can see the 18863 canopy on that one also. I need you to see the building and part of the pumps. Maybe I can help you with that picture right there. Mr. McCann: He's says he needs 8'. I'm looking at this station —it has about 5'; this station has about 4' of the metal panel on the surface. Now he's claiming he needs 8'. Is that what you say the ... Mr. Beydoun: Yes, mainly because we have to cover up that peak. Now if we have to do some kind of brick on lop right here and eliminate that one there to 6 feet and go with two more feet of brick over there, we'd probably be able to do that. Mr. McCann: Ok, I wouldn't want to see more than 6 feet of green. You're going to be able to see it. The color is going to identify your station. Mr. Beydoun: It depends on the station. This thing is going to vary. We can go up with 2' more of brick. We have no problem with that. And we can just come up with 6' .. . Mr. McCann: Yes, Mr. Taormina? Mr. Taormina: Just curious. Are each of these panels two feet because you're shoving four panels above the brick line. Mr. Beydoun: Yes, sir. Mr. Taormina: So taking the lower panel and replacing that with brick, just above the... Mr. Beydoun: We should have no problem. That should be fine with us Mr. Shane: How soon could you get a Landscape Plan done? Mr. Beydoun: Actually, we did not know we needed a Landscape Plan since the landscape was existing. They asked us to just bring it up to 50%. We could have one for you by Monday if its all right. We can do it fast. Mr. Shane: What I was going to suggest is that I would like to see a revised Building Elevation Plan and a Landscape Plan at the same time. If we table this, in two weeks you could have all that done and we would have a package we could look at. Mr. Beydoun: The reason that Mr. Taormina put us on a meeting here, we're trying to get ahead of the weather here. If we postpone this for two weeks, then it goes back for another two weeks, its going to take more time for us to put in the tanks and things like that and 18864 we're going to go into wintertime. As far as revising the plan, I can have something for you by 10:00 tomorrow morning. Mr. Shane: I'm a little concerned about approving the plan. Mr. Beydoun: Its onlyjust revising this thing here and we can actually revise this and put up some brick there. Mr. McCann: We can move you along a little faster next time to not hold you up. But I've got concerns about the type of panel and about the fad that we really want this to look nice for you and for the City and to create a standard within the City for the stations that are going to be coming. This would be a quick item. We'd have you in and out. Our next meeting is the 16r"; 1 think we could fit it in. Is there a motion? On a motion by Mr. Shane, seconded by Mr. Alanskas, and unanimously approved, it was #10-156-01 RESOLVED, that the City Planning Commission does hereby recommend that Petition 2001-09-08-25 submitted by National Specialities Installation, Inc., on behalf of BP Gas Station, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct an addition and renovate the exterior building elevations of the gas station located 31301 Five Mile Road in the Southeast%of Section 23, be tabled until the next Regular Meeting of October 16,2001. Mr. McCann, Chairman, dedared the motion is carried and the foregoing resolution adopted. We will talk to the City Council about waiving the 7 -day rule after that to try and move you directly onto Council just as quick as possible so that it really won't cost you any time. Mr. Taormina, would you check with the Council Office and see if that can be worked out? Mr. Taormina: Certainly. Mr. McCann: Can you leave these copies ofthe pictures with the Planning Department? They can have them for their review and then return them when theyre done. Thank you. 18865 ITEM #11 PETITION 2001 -09 -SN -05 Poblocki & Sons (Target) Mr. Shane, Acting Secretary, announced the next item on the agenda is Petition 2001-09SN-05 by Poblocki & Sons on behalf of Target requesting approval for an additional wall sign for the store located at 20100 Haggerty Road in the Northwest%of Section 6. Mr. Miller: This site is located on the east side of Haggerty Road between Seven Mile and Eight Mile. The existing signage consists of two (2) wall signs totaling 340 square feet in sign area: east elevation ("Target")— 170 square feet; west elevation ('Target") —170 square feet. The signage permitted for this site under Section 18.50H is one wall sign not to exceed 375 square feet in sign area. The additional proposed signage is for one wall sign on the west elevation ("Pharmacy') -56 square feet. The excess signage consists of two (2) wall signage, 21 square feet in wall sign area. A variance (Case #9305-07) was granted by the Zoning Boards of Appeals on May 25, 1993 for the existing signage on the building. Because the new sign would increase the nonconformity of the signage, a new variance would be required from the Zoning Board of Appeals. Mr. McCann: Is there any correspondence? Mr. Taormina: There is one item of correspondence. Itis from the Inspection Department, dated September 26, 2001, which reads as follows: "Pursuant to your request of September 5, 2001, the above - referenced petition has been reviewed. The following is noted. (1) This petition will need variances from the Zoning Board of Appeals for excess number of wall signs and excess square footage. Allowed is one wall sign of 375 square feet Existing from previous Zoning Board of Appeals (9305-07) grant are two (2) wall signs of 170 square feet each for 340 square feet. Proposed is one additional wall sign of 56 square feet. Totalis excess two (2) wall signs and excess 21 square feet of wall signage. (2) Also existing on site is one (1) monument sign at Haggerty Road. (3) This site is a Control Zone. This Department has no further objection to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? John Newell, Poblocki & Sons, LLC, 922 S. 70r" Street, West Allis, Wisconsin 53214. 1 represent Target Corporation and theirsign issues and specials and remodels. This site is very peculiar. It has several hardships. With the natural grade coming on the northbound lane coming up on the property, you have no visibility. That's one 18866 reason we petitioned for the font and back sign to give us exposure to the interstate and to Haggerty. The additional pharmacy sign is in excess, but due to the limited visibility on the southbound lane coming towards the store, it's the only chance you have to see it. Normally, we would go with, in certain code restrictions, with a 24 inch pharmacy sign to gel us right onto the 275. But with limited exposure just to the southbound lane, it was our recommendation to go with a 30 inch pharmacy sign, unlike the one at Junction Grove that has a 24 inch pharmacy sign. Target is not known for competing in pharmaceutical goods. Like you mentioned before, pharmacies compete because they supply service to the community at a fair price and convenience. With this sign, Target would be able to advertising an ongoing and a new service to the community and their customers. If there are any questions, I'd be happy to answer them. Mr. Alanskas: Sir, do you think that a person who goes to your store, if theyre driving by and see that sign that says "Pharmacy," they're going to pull in for a prescription? Mr. Newell: No, sir. Mr. Alanskas: Then why do you need it? Mr. Newell: Pharmacy is much like when you have a sick child. You remember where the closest pharmacy is. And the only identification Target has for pharmacy is on their building. Not all Targets are known for pharmacies. Less than 50 percent of our stores have pharmacies now, and all the new stores going into production get pharmacies. That's how we get every store with a pharmacy. They cannot do a national advertisement, even a local advertisement in Livonia. One has a pharmacy, one doesn't. There's a conflict. So we totally rely on the identification of the building. Mr. Alanskas: The problem that I have is that, say a year from now, you have another service that you want to push. You'regoinglowanl another sign, and then another sign, and another sign. Then we've got a building full of signs and you're over compliance right now. Target always has a big thick flyer every week, and I'm sure there are going to be advertisements that they now have a pharmacy in these stores. My thought is that l really dont think that one is even needed there. We keep getting requests for more signage and you're not in compliance. Ifwe keep saying yes you can, we're going to have a city full of signs. Thank you. Mr. McCann: Are there any other questions? 18867 Mr. La Pine: I have just one question. The new addition you're putting on, is it basically for the pharmacy? Mr. Newell: Yes, and storage. Mr. La Pine: How long has it been since Target got into the pharmacy business? Mr. Newell: We've been actively putting pharmacies in for the last seven years. Mr. La Pine: How much of your actual sales are from the pharmacies? This store is not open 24 hours a day. Mr. Newell: No. Mr. La Pine: So if somebody switched all their prescriptions to Target and they needed a prescription in the middle of the night and this is the pharmacy they dealt with, they couldn't get in. Is that correct? Mr. Newell: Correct. Mr. LaPine: So how do you handle that? Do you have stores that are open 24 hours a day? An individual runs out in the middle of the night and has to gel a quick couple of pills in to gel him through for the night. Mr. Newell: No. Looking at the marketing, Walgreens, Coslcos, I believe Rite Aid in the local areas ... they meet that demand. Target's primary goal is to go into one-stop shopping. You go in, put your prescription in, you do your other shopping— much like Walgreens. Walgreens I don't believe is a local chain in this area. You just say Walgreens, you know there's a pharmacy and other goods that are pharmaceutical related, household related, and that's the market that Target is going after — is the one-stop shopping, convenience, and to compete with Walmarts, Kmarts, and other big boxes. Mr. La Pine: I guess maybe I'm one of the odd ones. We do most of our prescriptions at one drugstore. It's convenient. Number one, we know its there. We know it's a block away. I just don't believe people walk into a Targelslore or a Walmart or even a Kmart that has pharmacies and say, "Well, I've got prescription from the doctor today. I guess I'll buy here." Basically, they go back to where they originally buy all their pharmacy things. Nowtheymay use yourslore to buy over-the-counter stuff because you probably buy it in big lots and they get it cheaper. I have to agree with Bob. I dont see how the word pharmacy is going to draw more people to Target. 18868 Mr. Newell: I guess that's the indication. We're announcing a new and ongoing service. It's the only advertising they do, and it's their primary advertising for that particular store because it is an isolated store. Just like the one on Junction Avenue, obviously they're busy enough in this area to add another pharmacy at the Haggerty store. Itis noticeable in other stores that ifwe don't have the sign advertising, people don't see it because it is behind rows of pharmaceuticals that are over-the-counter. People don't notice it or see the convenience of it and they lose business. So its affects our ability to use the property. Mr. McCann: Is there anybody in audience that wishes to speak for or against this petition? Seeing no one, I'm going to close this hearing. A motion is in order. On a motion by Mr. Alanskas, seconded by Mr. Lapine, itwas RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2001 -09 -SN -05, submitted by Poblocki & Sons, on behalf of Target, requesting approval for an additional wall sign for the store located at 20100 Haggerty Road in the Northwest%of Section 6, be denied for the following reasons 1. That the applicant has failed to comply with all the requirements outlined in Section 18.50H of the Zoning Ordinance; 2. That the applicant has notjustifed the need for any additional signage for this location over what is permitted by the sign ordinance; 3. That approving this sign request would set an undesirable precedent for the area; and 4. Approving this application would not be aesthetically in the City's best interest. Mr. McCann: Is there any discussion? I agree with Bob. I agree we can't put signs up on every building for every service. We have allowed other buildings to put up pharmacy signs such as Kmart in the area. In this case, you're one of the few people that have actual less signage than the permitted amount. You would be allowed one sign 375 feet, you have one sign for 340 feet. I would think it would be fairto allow you to put up one pharmacy sign at 35 square feet. You would be within the ordinance as far as square footage. IffI57 Mr. Shane: I agree with that reasoning. I would go along with 35 square feet. A roll call vole on the foregoing resolution resulted in the following: AYES: Alanskas NAYS: La Pine, Dolan, Shane, McCann ABSENT: Pieroecchi Mr. McCann, Chairman, declared the motion fails. Is there an altemative resolution? On a motion by Mr. Shane, seconded by Mr. Lapine, and approved, it was #10-157-01 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2001 -09 -SN -05 submitted by Poblocki & Sons, on behalf of Target, requesting approval for an additional wall sign for the store located at 20100 Haggerty Road in the Northwest%of Section 6, be approved subject to the following conditions: 1. That the Sign Package submitted by Pobloclti & Sons, as received by the Planning Commission on August 29, 2001, is hereby approved and shall be adhered to, except for the fad thatthe wall sign shall not exceed 35 sq. R. in sign area; 2. That all signage for this site shall not be illuminated beyond one (1) hour after this store closes; 3. That any additional signage shall come back before the Planning Commission and City Council for their review and approval; and 4. Thatthis approval is subject tothe petitioner being granted a variance from the Zoning Board of Appeals for excess signage and any conditions related thereto. Mr. McCann: Is there any discussion? Hearing none, will the Secretary please call the roll. A roll call vole on the foregoing resolution resulted in the following: AYES: La Pine, Dolan, Shane, McCann NAYS: Alanskas ABSENT: Pieroecchi Mr. McCann, Chairman, dedared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving 18870 resolution, as amended. This concludes the Site Plan section 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 be only limited discussion tonight. Audience participation will require unanimous consent from the Commission. ITEM#12 WOODED CREEK SUBDIVISON—FinalPlat Approval Mr. Shane, Acting Secretary, announced the next item on the agenda is Final Plat 2. That no reporting City department has objected to approval of the Final Plat; and 3. That all financial obligations imposed upon the proprietor by the City have been taken care of. Mr. McCann, Chairman, dedared the motion is carried and the foregoing resolution adopted. approval for Wooded Creek Subdivision by Leo Soave (Petition 00 -09 -PL -01) proposed to be located on the south side of Six Mile Road between Savoie Road and Harrison Avenue in the Northwest %of Section 13. Mr. McCann: Mr. Taormina, is there any additional information on this petition? Mr. Taormina: The proprietor has met all the financial obligations imposed upon him by the City of Livonia, and we have received a letter from the Engineering Division indicating that they recommend approval of the final plat as submitted. Mr. McCann: Does the petitioner have any additional information for us? Leo Soave, 34822 Pembroke. No sir, I don't. Mr. McCann: A motion is in order. On a motion by Mr. Alanskas, seconded by Mrs. Dolan, and unanimously approved, it was #10-158-01 RESOLVED, that the City Planning Commission does hereby approve the Final Plat for Wooded Creek Subdivision by Leo Soave (Petition 00 -09 -PL -01) proposed to be located on the south side of Six Mile Road between Savoie Road and Harrison Avenue in the Northwest%of Section 13 forfollowing reasons: 1. That the Final Plat is substantially in agreement with the Preliminary Plat; 2. That no reporting City department has objected to approval of the Final Plat; and 3. That all financial obligations imposed upon the proprietor by the City have been taken care of. Mr. McCann, Chairman, dedared the motion is carried and the foregoing resolution adopted. 18871 ITEM#13 APPROVAL OF MINUTES 830TM Public Hearings and Regular Meeting Mr. Shane, Acting Secretary, announced the next item on the agenda is Approval of the Minutes ofthe 830h Public Hearings and Regular Meeting held on August 21, 2001. On a motion by Mr. LaPine, seconded by Mrs. Dolan, and unanimously approved, it was #10-159-01 RESOLVED, that the Minutes of 830" Public Heanngs and Regular Meeting held on August 21, 2001, are hereby approved. A roll call vote was taken with the following result: AYES: Alanskas, LaPine, Dolan, Shane, McCann NAYS: None ABSENT: Pieroecchi ABSTAIN: None Mr. McCann, Chairman, dedared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded, and unanimously adopted, the 832"d Public Hearings and Regular Meeting held on October 2, 2001, was adjourned at 1106 p.m. ATTEST: James C. McCann, Chairman mgr CITY PLANNING COMMISSION H. G. Shane, Acting Secretary