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HomeMy WebLinkAboutPLANNING MINUTES 2002-08-2019551 MINUTES OF THE SW PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, August 20, 2002, the City Planning Commission of the City of Livonia held its 849" Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. James McCann, Chairman, called the meeting to order at 7:30 p.m. Members present: James C. McCann Dan Piercecchi H. G. Shane Robert Alanskas William La Pine John Pastor John Walsh 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 petition on lonighfs agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, 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 filing. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may or may not use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2002-06-01-09 EDDI AYYASH Mr. Piercecchi, Secretary, announced the first item on the agenda is Petition 2002- 06-01-09, submitted by Eddi Ayyash, requesting to rezone property located on the west side of Wayne Road between Ann Arbor Trail and Edward Hines Drive in the Southwest %of Section 33 from C-1 (Local Business) to RA (High Rise Multiple Family Residential). 19552 Mr. Taormina presented a map showing the properly under petton plus the existing zoning of the surrounding area. Mr. McCann: Is there any correspondence? Mr. Nowak: There is one item of correspondence from the Engineering Division, dated July 25, 2002, 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 and see no problems with respect to traffic or points of ingress and egress. We have no objection to the revised legal description, which was provided. The drive approach to Wayne Road will require Wayne County approval and the project will be subject to Wayne County's Storm Water Management Ordinance. There is no City storm sewer immediately adjacent to the site." The letter is signed by Robert J. Schron, P.E., City Engineer. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Eddi Ayyash, 19747 Gary Lane, Livonia, Michigan. Mr. McCann: Thank you. Is there anything additional you would like to tell us about your pefifion? Mr. Ayyash: Just that I've had this property for almost 20 years. I had an adjacent business there and my hope was at one time to build a strip mall in that area, but the whole area really has a lot of vacancies and empty commercial buildings. We abut to Westland and Plymouth Road, which again have a lot of vacancies. My intention is to rezone this and to use it for apartments or condominiums if I find a builder to go in with me on that condominium basis. A couple of them have approached me about it. I'm asking for the R8 not for the height but for the density. Its not a large project, obviously. You can tell by what's being submitted. The lhrushhold of profitability for these projects ... you know under a certain amount ... and if the cost of maintaining them and keeping them up becomes too great for the number of units that are there ... so the reason I was submitting for an R-8 versus an R7 is that we were hoping to put 12 units on that and no more than two stories. The idea is to have two bedroom, two bath units that could be either condominiums or apartments with plenty of yard area, green spaces. I dont know if Mr. Taormina showed you the other layout we had of where the parking would be. There would be plenty of parking for 12 units and guests. From Wayne Road ... there would be enough barrier between the commercial land. Its laid out pretty nicely at 12 units. Thank you. 19553 Mr. McCann: Are there any questions from the Commissioners? Mr. Shane: Are these all two bedroom units that you want? Mr. Ayyash: The way the gentleman that did the work for me set it out, there would be ten two-bedroom and two one -bedroom units. The planning says there can be 13 units. I don't know which one is correct, but my intention is to put 12 units on the lot. Mr. Shane: The point I was going to make is, there is only a two unit or so difference between R7 and R-8 in terms of density depending on your bedroom count. So I wonder why you wouldn't ask for R7 and then you wouldn't have to have any variances? Mr. Ayyash: It's only two units, but it's almost 18%-19% percent of the total space additional. So when we crunch the numbers financially, you get 18% less revenue with about the same expense, so it becomes more subslanfial on the financial end of it. I understand what you're saying. On a larger project, a couple units is not a huge amount of difference, but when you're only building 10 or 12 units, it's a little bit more substantial. Mr.Shane: Thankyou. Mr. LaPine: Mark, haw many units could he gel under an R -C classificafion? Mr. Taormina: If the site was developed with all two-bedroom units, which I believe was the indication from the submitted concept plan, he can have a maximum yield of nine units. Mr. LaPine: With the configuration of the property, does it seem feasible to get 12 units in there? Mr. Taormina: The plan that was provided to us does show a layout with a 12 -unit building. However, that plan would rely on either a variance being granted for some of the setbacks or approval under the Planned Residential Development, which allows for the Planning Commission and Council under certain circumstances to waive the normal setback requirements for the R-8 District. Mr. Pieroecchi: According to my notes here, you were going to ask for a Planned Residential Development so you could have the different density of a four-story building but yet build a two-story. Correct? Mr. Ayyash: Absolutely. Mr. Pieroecchi: What makes you think you're jusfified for doing that, sir? Not just to gel a couple more units? 19554 Mr. Ayyash: No. The justification is that the area that I'm in and my store is in is in bad shape. I've been a neighbor in that neighborhood for 20 some years now. We have a vacant bank building; we have a vacant 7-11 building; we have vacant land. We abut a lot of vacancies in Westland. I'm going to improve the neighborhood. My plan is to make things better for all of us that are in that area. Its not just to get two more units. It's to make it feasible for me to invest $500,000 or $600,000 into this project in order that it lays out. If it didn't work out as far as the parking or that there wasn't going to be enough green areas, or if any of those things didn't work out with the 12 units, I wouldn't be asking for it. But we have more than the required parking and additional for guests, and there are plenty of green areas in there. The apartments that are to the north that I bought were built in the 50's. They're not modem apartments. They're not attracting the type of people that live in the rest of Livonia right now. I would like to build something that is nicer and something that is going to improve the area. Mr. Pieroecchi: I'm sure you do. Hopefully, you will, but you know, sir, your property is really surrounded by R7. The north is R-7, and to the west is R-7. And if its not just two units, I don't see why you wouldn't consider R-7, as Mr. Shane pointed out. The PRD requires special circumstances where we waive setbacks and things of that nature. Can you justify that? I mean meeting the setbacks? Mr. Ayyash: I can't justify d in the sense that its something that's extenuating circumstances, but it would be more feasible for the project to go forward with the 12 units. Financially, there aren't a lot of places where people are going to put up 10 units and maintain them properly. By the time you put a manager in one of the units and then you try to maintain it, you're dividing the costs up among 12 units versus 10 units. So it's a lot easier to go forward that way, and it's a lot more feasible to afford that way. I'm not parting the waters or anything like that if that's what you're asking me. Mr. Pieroecchi: I understand the economics and the mathematics. Thank you, Mr. Chairman. Mr. Alanskas: I don't want to belabor the issue, but you said that you had the property for 27 years? Mr. Ayyash: 20 years. Mr. Alanskas: And you've paid 20 years of taxes on that property and had no return at all. If you even had R7 and at least had 10 units, you'd have a return. Something is betterthan nothing. 19555 Mr. Ayyash: You're right. Mr. Alanskas: And you'd have no setback problems. You'd have nothing. With R- 7 you'd have a very easy time of putfing up those 10 units. Thank you. Mr. McCann: I just had a couple questions. You interchanged words and I'm not sure whether you intended to or not. You stated "apartment' and you staled "condominiums." My thought of condominiums is something that you build and sell. Obviously with apartments you would retain ownership. Mr. Ayyash: That's correct. Mr. McCann: Which is @you're intending to do? Mr. Ayyash: My intention is that if I build them myself, to build them as apartments. If I can find a builder to partner up with this project, then I would build them as condominiums and we could sell them as condominiums. Without the zoning, I cant make a commitment to anybody. I don't know which way I'm going to go with it until I actually gel whatever you're giving to me. Mr. McCann: One of the problems we have is the size of the property for the density. It's not a normal shaped piece of property to begin with. You own the property going all the way up to Ann Arbor Road on the west side? Mr. Ayyash: Ann Arbor Trail. Yes. Mr. McCann: That's pretty much vacant property at this point? Mr. Ayyash: Yes. Mr. McCann: Is there any way you could use that additional property to spread out the apartments to make it a little less dense and use that property with it? Mr. Ayyash: Then you have to have a setback off of Ann Arbor Trail also. It wouldn't make the project look any better or lay out any better. It would be easier for the requirements of the R-7 zoning that I would get more apartments that way, but it wouldn't lay out any better because you're basically going to build one building. So what we have now is feasible. Mr. McCann: You couldn't do kind of an L-shaped building coming to the northwest comer? 19556 Mr. Ayyash: You could, but you're going to be close to the commercial building then. Mr. McCann: Even if its only one or two units coming off, what I'm trying to do is give you a little more room. I think what I'm seeing is that you want to cul off that north piece of G7 and keep it for another commercial building sometime down the road, and only want to use part of the properly for the apartments. Is that what you're trying to tell us? Mr. Ayyash: Not necessarily a commercial building, but that was originally slated for a parking lot for the building that I'm in. There's an additional 25 feet on the other side of my building, that if I needed to add on or somebody needed to add on in the future, they could make an addition to that building and have a nice parking lot on the side. I dont see building on that property as a commercial piece at all. Mr. McCann: I just think we could use some of it to come within the R-7 to accomplish what you're trying to do. I'm sure you've looked at the plans. I'm not an architect so I can't redraw it. I guess what I'm looking for is if you'd be interested in trying to come back with something where if we look a little more of the property coming around and complying with an R7 to accomplish your goals. The problem is going to an RA and then getting a waiver use because you're not using more than two-story buildings and setback problems. It's just getting too gray, loo fuzzy. There are too many variances and requests then. I realize what you're trying to do and we want to work with you. I'm just exploring other possibilities. Mr. LaPine: The only reason why you are shying away from condos is because you can't build these yourself? You have to gear up with somebody before that would happen? Mr. Ayyash: The condominium thing has been successful down the road from me where you approved the project. They built it by the greenhouses, and they were done well. But they backed up right to Edward Hines. I'm between two-story apartments and a commercial, and I don't know if people would want to buy into a condominium that's in that configuration. In an apartment setting, it wouldn't be too bad. But as a condominium, I don't know if being next to some older apartments and a commercial on the corner, and my commercial ... I don't know if that would work out that way. So I would have to have somebody who was more familiar with that. Mr. LaPine: Have you tried to make a deal with some builder in town to look at the condo? I would feel more comfortable with condos there than I would with apartments. I have a problem with apartments. I have 19557 nothing against apartments. Like in your case, this may work out beautiful because you have a business there and you're going to see that the apartments are kept up and maintained. That's to your benefit. In normal cases, when people own the piece of property and have an actual financial stake in it, they take care of their property and maintain it. Not everybody but probably 95%. And that's always been a worry for me. Now in your case, I might say, well, he lives there. Its going reflect on his business if he doesn't maintain them. I never know what's down the line. You may sell off the apartments. Who knows? Mr. Shane: Do you know how wide the parcel is that fironts on Ann Arbor Trail? Mr. Taormina: Its roughly 130' of frontage altogether. That includes the commercial properly and that portion of this L-shaped property which I'm going to say contains roughly 75' of frontage. Mr. Shane: It would be a little difficult to get a building in that area, Jim. Mr. McCann: Yes, just to make the tum, I realize that. Mr. Pastor: Just an overall view ... I don't have a problem with the R7 zoning on this because it makes it clean and easy and I think you can work it out, kind of like what Mr. McCann was saying, to try and do that L -shape. I believe with the amount of units that you have, I don't think it would behoove you to have an on-site manager, especially when you own the business right there. You can keep on eye on it close enough so you wouldn't be losing that one unit. Also, I think you have to take into consideration the Wayne County Drain Commission's new requirements. I think that is going to play into your hand as well, so I think you're probably going to be using some of that area bat you have set aside for the G7 anyways. If we can make that L to gel your 12 units or whatever you need, I think that's the best way of going through it. And then you'll have a little bit smoother sailing through Council and Planning. The other way you're just going to gel loo many requirements asking for this and that. I think its just a cleaner deal. I think you're better off doing it the other way. Mr. Ayyash: Mr. Taormina, you said I could get how many units on an R-7? Mr. Taormina: Ten. Mr. Pastor: Ten the way its set up right now. But you also might be also to sneak that ... I don't have the plan in front of me ... but that plan, you came down a little bit towards that commercial. You can extend that down and extend the building. Depending on how wide you make the apartment building complex, too, you can always 19558 make them 30' wide and go from that point as well and sneak it partially into that ... have the front door, you know, right at the comer and the retention going more towards Ann Arbor Trail. I think if you work that a little bit, I think you'll be able to get what you're looking for. Then with R7, since everything else is there, it just makes it easier for us to approve it. It would be more consistent with the area. As one member of the Planning Commission, I appreciate you even looking forward to doing something like this to help spruce up the area. Mr. Ayyash: Thank you. Mr. McCann: Is there anybody in the audience that wishes to speak for or against this petition? Ralph Barnes, 10998 Wayne Road, Livonia. He's a nice fellow. He's a businessman. I'm a homeowner. There's too much traffic now. Things have changed so fast. Wayne Road now takes three or four lights to gel home. Flower King wants to make it worse. There's loo much traffic. We were told it wouldn't go commercial. They keep taking commercial up Plymouth and going down Wayne Road. Mr. McCann: I think what he wants to do is take this from commercial and turn into residential - parking or condominiums. Mr. Barnes: We were told by the City Council several years ago that Wayne Road would never go commercial. A lot of people invest a lot of money in their homes. A lot of new homes are built. It's unfair to everybody. If they were going to do that, they should have done like Westland and done it years ago. There was a lot of vacant property at that time. Now there's a lot of new homes up there that wasn't before. People like myself put a lot of money in their homes. We live there. The business people live somewhere else, and we have the traffic. Mr. McCann: Thank you. Does anybody else wish to speak for or against this pefifion? Seeing no one, I'm going to close the public hearing. A mofion is in order. Mr. Pastor: I was going to make a moton on the R-7. Can we ask the pefifioner if he is willing to accept the R-7? Mr. Pieroecchi: Well, we're votng about whether we want R-8. That's what the pefilion says. I'll read it: "requesting to rezone the property located on the west side of Wayne Road between Ann Arbor Trail and Edward Hines Drive in the Southwest corner of Section 33 from C-1 19559 to R-0," which is high rise multiple family residential. That is what we're voting on. Mr. McCann: You can make a recommendation to Council in a lesser density if you would like. Mr. Pastor: Okay, so in the denying resolution I'll do that. Mr. McCann: No, you would make an approving resolution for R-7. Mr. Pastor: We II do this one first and then do the R-7, or approving with the R- 7? Mr. McCann: Yes, you are correct. Mr. Pastor: Ok. I wanted to make sure that we could do that. Mr. McCann: Is that all right, Mr. Taormina? Mr. Taormina: Its very similar to the resolution that we recently offered on a petition off of Eight Mile and Gill where we recommended R4 instead of RC, which is what the applicant had requested. So I would say that is acceptable. On a motion by Mr. Pastor, seconded by Mr. Shane, and approved, ilwas #08-07-2002 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 20, 2002, on Petition 2002-06-01-09, submitted by Eddi Ayyash, requesting to rezone properly located on the west side of Wayne Road between Ann Arbor Trail and Edward Hines Drive in the Southwest %of Section 33 from C-1 to R-0, the Planning Commission does hereby recommend to the City Council that Petition 2002-06-01-09, as amended, be approved so as to rezone this property to I-7, forthe following reasons: 1. That the proposed change of zoning would be consistent and commensurate with the multiple family residential district that adjoins the subject property to the north and west; 2. That the proposed change of zoning will allow for the development of the subject properly in a residential mode; 3. That the proposed change of zoning will provide for more of a variety of housing types in this area; and 19560 4. That the proposed change of zoning will remove unused C-1 zoning in an area already well served with a variety of commercial uses. 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: For discussion, a thought occurred to me that it may be better for the petitioner ... and I know what you're saying, Mr. Shane, about the width of the property to the east, the southeast there, the G1. I'm just looking at the drawing we have here. If you just comer the building more towards the northwest corner, maybe one or two units coming down, not all he way to where the G7 building is, but Teff enough room for drive and parking and so forth, just by lowering the G7 to a R7, you might be able to get his 12 units in and be in compliance. The only issue I have is that it would require another public hearing in order to have that additional property put in with it. I dont know whether the petitioner would be interested in having us look at that before we go forward with this to Council, or if the Planning Commission thinks it's a good idea that we at least look at that before we send this on to Council and table this. Mr. Ayyash: I would prefer if you just go ahead and make the recommendation for R7. Then if the architect comes up with it in a different way, we'll golhrough the process again. Mr. McCann: Okay. I guess that settles our issue. Any other discussion? Mr. La Pine: Yes, I have one question, Mr. Chairman. If we approve it as R7, that means he can either put in rental apartments or condos. Is that correct? Mr. McCann: Yes. Mr. Piercecchi: But condos have a different density. Mr. McCann: You can put condominiums in our subs. Mr. Taormina? Mr. Piercecchi: But he loses a unit if he goes to condos. Mr. Taormina: The R7 classification only affects the density of the development. It would allow for either condominiums or apartments to be developed on the properly; whereas if it is rezoned to the R -C classification, it would be limited only to condominiums. 19561 A roll call vole on the foregoing resolution resulted in the following: AYES: Alanskas, Pastor, Shane, Walsh, McCann NAYES: La Pine, Piercecchi ABSENT: None Mr. McCann, Chairman, declared the motion is caned and the foregoing resolution adopted. It will go onto City Council with an approving resolution to rezone to R-7. Mr. Pieroecchi: I'll tell you why I voted no on il. I didn't think our motion really was proper. I dont think we included that R-8 was not acceptable; we just made it R-7. That's the reason why I voted against it. Mr. McCann: All right. ITEM #2 PETfTION 2002-07-0140 STEIN AND SIMON Mr. Pieroecchi, Secretary, announced the next item on the agenda is Petition 2002- 07-01-10, submitted by Henry Mark Stein and Jacalyn Newman Simon, requesting to rezone property located at 15552 Newburgh on the east side of Newburgh Road between Five Mile and Ladywood Roads in the Southwest''/.of Section 17 from R -2A (One Family Residential 70'x 120' minimum lot) to OS (Office Services). Mr. Taormina presented a map showing the properly under petition plus the existing zoning of the surrounding area. Mr. McCann: Is there any correspondence? Mr. Nowak: There is one item of correspondence from the Engineering Division, dated July 19, 2002, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above - referenced petition. We have no objection to the legal descriptions contained therein. We have no objection to the proposal at this time. A drive approach to Newburgh Road will require a permit from the City. The project is subject to the Wayne County Storm Water Management Ordinance. Use of the storm sewer in Newburgh Road or the Country Homes Estates Subdivision will require City approval of required detention facilities." The letter is signed by Robert J. Schron, P.E., City Engineer. That is the extent of the correspondence. Mr. McCann: Are the petitioners here this evening? 19562 Henry Mark Stein, 6449 Rutledge Park Dnve, West Bloomfield, Michigan 48322 own the property at 15552 Newburgh. Jacalyn Newman Simon, 6870 Inkster Road, West Bloomfield, Michigan 48322. Mr. McCann: Thank you. Is there something additional you'd like to tell us about your project? Mr. Stein: I am requesting to change this to OS where I can construct an office building. Mr. McCann: Do you have something in mind at this point? Mr. Stein: A one-story building which will have a gabled roof to fit in with the condominiums, approximately 7,000 square feel. Mr. McCann: Do you have a tenant? Mr. Stein: I've had many people call in regard to this property. I've had accountants and doctors, but at the present time I do not have a tenant. Ms. Simon: That's because everybody is afraid that it wont gel rezoned. They dont want to commit to buying it because theyve never had to go through a rezoning, and they don't want to do it. They want us to do it. Mr. McCann: I see. Are there any questions from the Commissioners? Mr. Alanskas: Mark, with the County storm water ordinance, how much would they lose in regard to a retention basin as far as the size of the building? I know it says between 5,800 and 6,000, but roughly how much would they lose by having that? Mr. Taormina: Well, its difficult to say. There are certain circumstances where the County would allow for underground storage of the site's storm water, which obviously bears an additional expense. Normally, a site this small would require at least 10% of its land area to be devoted to storm water detention if, in fact, it was going to be a surface -type system. An underground system wouldn't affect the development density at all. I'd just like to point out, though, the comment that it could be developed in part for medical office space. A medical use would require more parking spaces and thus that would reduce the size of the building. Mr. Alanskas: Thank you. Sir, what size did you say you were looking for a building? 19563 Mr. Stein: Actually, I was thinking about 7,000 feel, but then this all depends on you. Mr. Alanskas: And you said it would be a one-story building? Mr. Stein: Correct. Mr. Alanskas: Because I'm sure we have a lot of people in the audience that live behind here. Because of the Ameritech situation, I want to make sure that you are only going to put in a one-story building if this goes through. Mr. Stein: Correct. Mr. La Pine: Mr. Stein, were you the owner of the property that sold to Hunters Grove Condominiums? You didn't own that property? Mr. Stein: No. Mr. LaPine: They never tned to buy that one parcel that you own there? Mr. Stein: No, they didn't because he didn't feel that anybody would want to build a house nexllo a 35'telephone building. Mr. McCann: Is there anybody in the audience that wishes to speak for or against this petition? Eileen Beale, 15559 Liverpool, which is directly behind this lot. It is the only open lot there. I don't see any need. I work in Livonia. Our office building has had vacancies for a year and a half that they can't fill. Half the office space there is empty. You drive up and down any street in Livonia, you'll find vacant office space. It is the only piece of green land lett on Newburgh Road or in our neighborhood. We now have the lower of terror of Ameritech. We have these condominiums that fortunately went in. They rezoned it for assisted living and the only thing they did was turn around and sell it. So everything they promised us, they never had any intentions of keeping because they just sold the property. I live in Livonia now because I choose to. For a long time, I had to live here as a requirement of my husband's job. I cannot believe the way my neighborhood has changed. Never in a million years would I dream that it would be in the condition that it is now. And now he's talking about putting a 7,000 square foot office space on this little tiny piece of property? Its ludicrous. Somewhere it has to stop. Oddly enough, the day I received this letter, I opened up the Observer. There was a letter from a former Planning Commissioner, Ray Tent. Did you read that letter? Commit it to memory because he said very eloquently what 19564 we all feel. Livonia is turning into a cement city. Everyone has lost sight of what it used to be. It was supposed to be residential in residential and the businesses were on the industrial corridor. Now theyre in your backyard. You cant even see Newburgh Road any more because of this massive building, this covert action that Ameritech took on us overnight. You know, I wasn't notified that they were going to add another building on top of that building. It just happened, and then it was, oh well, it happened. Somewhere along the line people have to understand that this is our backyard. This is where we, who have lived and contributed to this City for many years, who would like to refire here, this is what we have to face? It is not pleasant. So I strongly object. I see no need whatsoever for office space. Mark Weber, 15535 Liverpool. Much like her, I also back right up to the Ameritech monstrosity. For what it's worth, I'm also an Ameritech employee. I had nothing to do with it. In fact, I called my fellow manager to find out why that went up so quickly, but we won't go there. The reason we're here today is to talk about the proposed change to the zoning. Mr. Stein made a comment. He said who would want to buy a house next to a 35' Ameritech switching station. I would say to those who are about to buy those condos, who would want to buy a condo next to an office building? As she mentioned, this is the only piece of green property we have left. The Ameritech building is really an eyesore; we all know that. A one-story building, a two-story building, a len-story building ... it doesn't matter. It's already six feet higher than the houses behind it. So if you put a one-story building, a nice beautiful gabled roof, it looks like the back of a one-story building with a gabled roof. It doesn't matter if it's one or ten. Another thing that we would have to deal with is additional traffic. Anybody trying to get up and down Newburgh outside of three in the morning is finding it increasingly difficult. It's a two-lane road. They just fixed it, which is wonderful, but it doesn't make it any better for traffic flow. With this office building proposal, I can see more traffic going in there. A lot more cars stopping to make right turns, trying to make lett turns out of it. I see a traffic mess. I'm sure there's zoning and ways that they handle it, but the street is not wide enough to lake that on. And then we as residents have to deal with headlights and the engine noises and the cars coming in and out of the parking lot, and the business owners leaving their office at eleven at night and locking up, and lights that are on the property for security purposes. The list goes on. This is a residential neighborhood. We suffered enough. And then as we all know, there is plenty of vacant office space. There's a new office building going right up on Five Mile. There's plenty of vacant office space. We don't need to add any more. I would like to have seen houses go next to it; those condos extend down. Of course, it didn't happen. But there's still an opportunity if we can sell that 19565 residential or leave it as it is and give us a little space to breathe in. Thank you very much. Mr. McCann: I'm going to ask a question. One of the things that's confronting the Planning Commission today is that we have to allow a petitioner reasonable use of his land. And that's what I guess we have to look at. We're residents of the City. I went to Holmes Junior High. My aunt lives across the street behind the Newburgh Swim Club. I've got my fourth child right now going through Holmes Junior High. I'm extremely familiar with the area. But you've got a commercial office whatever Ameritech is, I'm not sure exactly what it is. And then you've got the residenfial. I thought that it was loo intense. I voted against the apartment complex. I thought it was loo much for that site. But you've guys have been paying property taxes for that lot for probably 15 - 20 years, as long as I can remember. He pays his taxes. He has to maintain it. If the grass gets too tall, he has to cul it. He has to have a reasonable use. I don't see that the Court would agree with us and say, ok you've got to build a single family home there. What is it that the neighbors think should go there and that he could reasonably put next to that? Now obviously, a 7,000 square foot office building is probably way too much for that site. I agree. But we have to come up with something that would allow the person that's paying the taxes on the land the use of his land. Mr. Weber: Absolutely. And with no sarcasm and with all due respect, a bad investment does not ever and should never become the problem of those here in the audience. What is he going to put there? I would be remiss to stand here and answer that question. I'm not ready for it. I'm not a developer. I don't have the investment money to do it. I know what we don't want there as residents. And what we don't want is an office building and all the things that we've mentioned. And you're going to hear more people behind me. Mr. McCann: I undertand that. Mr. Weber: But what should be there? Al this point, to be honest with you, nothing would be just fine. Or if we can carry more of those condos over, if they could sell, if people think they can sell them, that would be fine. Single family units would be fine as well. I dont know. I'm not building a single family unit and then trying to sell it. I don't know that I would want to. I would consider that a bad investment at this point. Again, I dont know what should be there, but I know what shouldn't be here. Thank you. Donald Hoppe, 15547 Liverpool. This is like deja vu. I've been here four or five times on the Ameritech building. I live right behind Mr. Stein's lot, half there and half Ameritech. It is zoned R-2. He has the property. 19566 He can put a house on it. You guys approved the second story out there behind our house. You guys did that. That's not our problem. That land over there is unacceptable to anything. Probably not acceptable for a house, but it is R-2. I'm dead set against it. I just want to make a statement. Livonia is starting to look just like Westland. I'm very upset. I go between Westland and Livonia. I've been here 40 years in that same house. You got every comer covered with something commercial. You've got office buildings and vacancies everywhere. A vacancy right behind me. A vacancy across the street. There's two of them in the building over there. We do not need another commercial lot stuck in our neighborhood. And you say, what should go there? The property is zoned R2. Put a couple houses there. Thank you. Virginia Montesa, 15546 Liverpool. We don't need any more of this kind of sluff that they want to put up. I work at Sl. Mary's Hospital. We have a lot of offices that are not even filled. The owners of this property don't live in Livonia. They don't care how it looks. We live here. We treasure our home. They say it's no longer like it iced to be. I really would like to just slop doing this because I think, I remember two years ago, they tried to do the same thing. They would like to put up offices. Medical offices in every comer of Livonia. You have a lot of spaces that's not being filled — right there at the comer of Six Mile and Newburgh. There is no need. Thank you. Kathleen Lipinski, 15523 Liverpool. I live behind the Ameritech monster. I have really nothing to say other than I'm not for this. I think Liverpool is troubled enough with parking lot sweepers, garbage trucks, dumpslers, garbage in our yard when the wind blows. We have empty vacant buildings in that complex right now at Five and Newburgh. They've been empty maybe a couple years now. Why do we need another complex to go empty? What's that going to do to our properly values? Our main goal now is to make sure condos keep their value so that we keep our value. Like my neighbors, we're all against it. Another thing he said, what condo wants to be up against a 35' building. Mr. Hoppe lives behind the 35' building. Did anybody consider what he thought? Thank you. Michael Farrell, 15595 Liverpool. You made a comment about what he could put into that space. I think he probably made a speculative purchase a number of years ago and it was R-2 when he bought it. That was his investment. I don't know what his intent was in buying it, but the fad that he's now kind of stuck in this spot with a piece of property that's zoned R-2, that was his choice in the beginning. It is also my understanding that he was made an offer to sell it to this here condominium complex. I guess the price he was asking was too high. But he made a choice not to sell it to them thinking that he could rezone it commercial. The other point that you had made ... 19567 I was here in a meeting before wonderful Ameritech ever started there, and it was a one-story building. He's asking to put up a one- story building. Is there anything in the zoning that he's asking for that would stop him five tears down the road from adding another story to it? Mr. McCann: Well, he would have to get a new amended site plan. Once the site plan is approved ... Mr. Farrell: Well, Ameritech accomplished it. Mr. McCann: Yes, it did. Obviously without the audience input that we have tonight, but its a complying building. I want to apologize. I do not mean to be facetious or try to shove something down anybody's mouth or anything else. I am asking for honest comments. As I'm listening to the concems of the neighbors and what could go in there, what would be possibly a reasonable use, I'm thinking maybe R -C like the condos next door. Maybe you could put two small units in there, or three. That might be more of an appropriate use than R-2. Those are just all the things that we're suppose to consider. We really don't make a decision until we've heard from all the audience. I don't know, but if we had the input, we may not have made the recommendation we did on the Ameritech building. I do appreciate your comments. I really do. Mr. Farrell: It seems like zoning it to Office Services would open the possibility that... Mr. McCann: It absolutely does. You're correct. Mr. Farrell: And keeping it R2 would keep it set that way. You know what's going to go in there. It was previously mentioned that three or four years ago, before the assisted living, they were planning on trying to rezone it for office space for all of it behind us. It was pointed out to the Planning Commission and the Council that there was an awful lot of empty spaces around for offices. And based on that and the need and the traffic congestion and all that, it was knocked down and decided not to go office. This is to let you know that I am not in favor of rezoning that to office just to have another drive-in spot right there, right behind that commercial. You have an awful lot of traffic. The neighbors across Newburgh are extremely upset even with the condominium complex coming in with the traffic. Thank you for your time. Tony Greco, 36008 Middleboro. I have purchased Unit #3 of Hunters Grove which borders the property that's in question. I understand that Mr. Stein needs to do something with the land, but I'm a little concerned with the traffic that a paved lot is going to create in the sense that it 19568 doesn't stop a group of 18 year olds kids on a Saturday night from hanging in the parking lot. It wasn't too many years ago that I used to do that myself. I come here in front of you guys to talk about the noise issue that a commercial building creates. I'm not schooled in zoning laws. That's really my angle here. If we could come to a compromise where he could find some sort of housing, whether that be a single family house or additional small units, condos, whatever. I think it would be a better ft than a commercial building, especially considering the two-story monster that everyone's referred to. Thank you. Louise Weber, 15535 Liverpool. I understand one of your questions is, "What is he supposed to do with the land?" One of my questions for you is, I live directly behind the Ameritech building. We were never notified that it was going to be a second story building. That's for him to figure out as far as what investment he made. It's still a bad investment. That's not our problem. It's zoned R-2. It should stay residential - not a medical building. They have labs coming in and out all the time. There's no way. The traffic ... you cant gel out onto Newburgh Road. It's unbelievable. That's all I have to say. Mr. Weber: Again, one more time. I'm sifting back here listening and thinking, and the question keeps coming up, what can you do with the property? Its not a very big property. Nobody wants to put a home there. Nobody wants an office building. Is there any way he could sell it to the City, tum it into a little park and a play area for the kids? That's something we can all agree on. Mr. McCann: You'd have to take that up with the City Council. Mr. Weber: I'd suggest it to the gentlemen who is sitting here watching his money dwindle away. Maybe he could sell it to the City and tum it into something we can all use it for. Mr. Pieroecchi: One way to gel a park is to get with the condos and all the adjoining people and buy the property. Deed it to the City and they would take care of it. Mr. McCann: I'm going to close the public hearing. A motion is in order. Mr. Alanskas: The way that we do things for a public hearing is really a great thing. When I came here today, I was actually for this building until I heard from you people. It's a small piece of property and he does have rights to do something with it, but I too think it should stay as R-2. So I'm going to give a denying resolution. 19569 On a motion by Mr. Alanskas, seconded by Mr. Pastor, and unanimously approved, it was #08-08-2002 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 20, 2002, on Petition 2002-07-01-10, submitted by Henry Mark Stein and Jacalyn Newman Simon, requesting to rezone property located at 15552 Newburgh on the east side of Newburgh Road between Five Mile and Ladywood Roads in the Southwest''/.of Section 17 from R -2A to OS, the Planning Commission does hereby recommend to the City Council that Petition 2002-06-01-09 be denied for the following reasons: 1. That the proposed change of zoning would represent a further extension of nonresidential zoning along Newburgh Road and would adversely affect the residential properties to the north and east; 2. That there is no demonstrated need for additional office services in this area; and 3. That the existing commercial and office zoning in the vicinity of the Newburgh Road and Five Mile Road intersection adequately provides for office uses in this area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. McCann: Just food for thought, and I do it more as an attorney and to look toward what possible outcomes there could be. But he's got RC to the north and G7 to the south, with R -2A to the east. Would it be more appropriate to do an R -C recommendation? If he can put one or two units in there, it would mix with the neighborhood. Mr. Taormina? Mr. Taormina: Our concem is that recommending IRC instead of OS wouldn't be viewed necessarily as a less intense use because you would be modifying the dassification or use. We would advise, under that circumstance, that it would have to go back for a rehearing or a denial with the indication that the Planning Commission sees that a possible change of zoning to one of the two classifications might be more appropriate in the future. Mr. McCann: Okay. I agree with Mr. Alanskas. Is there any other discussion? Mr. Pastor: Just for the same reasons Mr Alanskas stated, I'm going to be voting no. But I would be open to maybe possibly RC, but I think 19570 that's going to be tight. You only have 100' frontage. If you slick with 1-2, the widest R-2 is a 60', so you're only going to be able to gel one lot if he sticks with the existing zoning. I believe that when we were on Council, we did hear that was supposed to be in negotiations with that development. As a matter of fad, I thought that it was part of that development at one time. So I'd be looking at the denying now, but keeping an open mind to the RC to put a little bit more residential in there if we can work it out. Mr. Walsh: I will be supporting the denying resolution. But I would encourage the owner. He may wish to speak with the condominium development. I don't know if it's loo late to do something or not. But that's another avenue that he could pursue is trying to add it on to that property. Mr. McCann, Chairman, dedared the motion is carried and the foregoing resolution adopted. It will go onto City Council with a denying resolution. ITEM #3 PETITION 2002-07-0241 FLOWER KING Mr. Pieroecohi, Secretary, announced the next item on the agenda is Petition 2002- 07-02-11 submitted by Ralph Horowitz, on behalf of Flower King, requesting waiver use approval to expand the previously approved outdoor sales and display area for merchandise such as lawn decorations, garden materials and accessories on property located on the Southeast comer of Plymouth and Wayne Roads in the Northwest''/.of Section 33. Mr. Taormina presented a map showing the properly under petition plus the existing zoning ofthe surrounding area. Mr. McCann: Is there any correspondence? Mr. Nowak: There are several items of correspondence. The first item is from the Inspection Department, dated August 5, 2002, which reads as follows: "Pursuant to your request of July 22, 2002, the above - referenced petition has been reviewed. The following is noted. (1) The display area at the northwest comer of the property has not been permitted or approved by our records. A previous approval referenced 'live material' only. (2) The required fencing for the east area display has not been detailed. (3) The dates proposed are not in compliance with the ordinance. (4) The parking areas need repair, resealing and double striping. It is unclear if the two dead trees at the south property area are the responsibility of this site. 19571 (5) Therefore, this petition will need several zoning variances from the Zoning Board of Appeals. 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 August 2, 2002, which reads as follows: "We have reviewed the plans in regards to a proposal for outdoor sales and display of plant, lawn and garden materials and supplies. We have no objections to the plan as proposed. It is important that the proposed planting of plants and trees on the fight -of -way not obstruct the view of drivers exiting the parking lot" The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The next letter is from the Engineering Division, dated July 24, 2002, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the legal description as submitted. A review of the description, our files and those of the City Clerk indicates that the additional 27 feet of fight -of -way for Plymouth Road has not been dedicated and we would recommend that this be done at this time. We have no other objections to the proposal as presented." The letter is signed by Robert J. Schron, P.E., City Engineer. The next letter is from the Livonia Fire & Rescue Division, dated June 3, 2002, which reads as follows: "This office has reviewed the site plan submitted in connection with a request for outdoor sales and displays 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 next letter is from Fernon Feenstra, a former City Council member, received by the Plannning Commission on July 30, 2002, which reads as follows: "I'm writing on behalf of Rocky Horowitz, owner of Flower King located on Plymouth and Wayne Roads. Mr. Horowitz has been a Livonia resident before we incorporated as a City. I have known 'Rocky" for 25 years as a fellow citizen, when I was a member of the Zoning Board, and when a member of Livonia Council. Even though we sparred often, it was only in the best interest of the City. This I have found to be true, when he gives his word it is contract. His comer makes an entrance to Livonia a beautiful sight. His petition for outdoor sales will be in good taste, compliant with commercial zoning albeit a waiver use and enhance the viability of the Plymouth Road corridor. Please give him every consideration." The next letter is from the Plymouth Road Development Authority, dated August 19, 2002, addressed to the pefitioner in regards to a resolution from the PRDA, which reads as follows: "Resolved, that the Plymouth Road Development Authority does hereby approve and support the request by Ralph Horowitz, on behalf of Flower King, to expand outdoor sales and display area for merchandise such as lawn and garden decorations and accessories, live plant materials and related organic landscape material on property located on the southeast comer of Plymouth and Wayne Roads 19572 with the condition that the location is limited to that as shown on the drawing made part of this application and that this proposal shall fully comply with all other applicable rules, regulations and ordinances of the City of Livonia." The letter is signed by John J. Nagy, PRDA Director. The next letter is from George LaFomsl, dated August 2, 2002, which reads as follows: "1 am writing concerning Petition 2002-07-02-11 conceming the Flower King store on Plymouth and Wayne. 1 support this petition because 1 believe the colorful and tasteful floral and landscape displays add a positive note to the comer of Plymouth and Wayne Roads. This letteris submitted on behalf of Grand Rental Station, RSI Appliance and Multistate Transmissions." We have a letter from fonner Mayor Robert Bennett, dated August 29, 2002, which is quite lengthy. I believe you have this in your packets. I see that Mayor Bennett is present so he may want to give his views verbally. Al any rale, the letter is in support of this petition. That is the extent of the correspondence. Mr. McCann: The petitioner, Mr. Horowitz, is present this evening. Can you tell us a little bit more about your waiver request? Ralph Horowitz, Flower King, 34899 Plymouth Road. We do need a little bit more room for outdoor sales and display. The competition today is a lot different than it was 18 - 19 years ago. We have to display a few more items like the windmills, lighthouses, and the flowers that we have. And we're very limited in our space. That's why I'm here. If you haw any questions, I'll be happy to try and answer them. Mr. McCann: Are there any questions from the Commissioners? Mr. Walsh: Mr. Horowitz, do you find that you're having problems with your sales? Mr. Horowitz: We're having problems with our sales, but I dont relate it to ... I relate it basically . if there's any problem . because our business has expanded a little bit every year, but maybe the economic times, 9/11. And I really think what it is, they closed Wayne Road for over two months. I think that hurt every business in the Wayne Road area. Mr. Walsh: You did touch on it, but is there an economic need that you're pursuing with this request? You want to add some lighthouses and some windmills. Mr. Horowitz: Let me put it this way. The windmills that we have there and the lighthouses are the finest quality. Theyre built by the Amish up in northern Michigan. Everybody seems to love them. We sell a lot of them. We sell more of them for the Amish than anybody in the City. 19573 Mr. Walsh: I'm not questioning the quality. I think its attractive. What's enough? Mr. Horowitz: What is enough? Mr. Walsh: Right. Mr. Horowitz: Well, let me put it this way. For the first time in our history, as brief as it is, I had to layoff a designer. A designer in the floral business is very, very hard to come by. I laid off two sales gids. You tell me whats enough. If you have a better solution, I'm willing to listen. But we do need what we've applied for here today. I dont want to be another empty building. Mr. Alanskas: Mr. Horowitz, have you found that in the last two years because of stores like Costco and Walmart selling flowers, that it has cut into your business where you have more of a need to put more flowers on display? Mr. Horowitz: We always put a lot of flowers on display. We have a very good clientele that comes to us year after year. We're sort of unique in the business. You take a place like English Gardens, who buys the finest from the finest growers. We have an advantage over them because when they buy, they have to buy by the semi -load. They have like five stores, and they drop off at each store sort of like Frank's. I know every grower just about in the State of Michigan. They allow me to do things that they dortt allow English Gardens and other places to do. I sort of cherry pick. By cherry pick, I mean they allow me to go in and pick the best. So we have, I think, the best (I'm giving a commercial now) flowers forthe best prices. Mr. Alanskas: I dont think you understood my question. The question I asked you was, have you found that stores like Costco, Walmart and these big stores that also sell greenery has made it tougher for you to sell your product? Mr. Horowitz: I'll give you a quick answer. Yes. Mr. Alanskas: Of course, I go by there all the time. I believe your facility is one of the cleanest in the City of Livonia and one ofthe best looking. Mr. Horowitz: Thankyou. Mr. Alanskas: Going over your site plan, where I know you used to have some bushes on the east side of the building where the Burger King is, I know those were taken out. Would you tell us why they were taken out? 19574 Mr. Horowitz: Well, for several reasons. One is security. Those burning bushes get like a hedge. The second thing is every morning we'd have to go dean stuff not only off the grass, like coffee cups, napkins, strews, but out of the bushes. And the main reason is that we have a person that comes in and cuts the grass every five days. They do it by machinery. With bushes there, he's not going to do it. I think we sodded it and made it look eye appealing. We gel nothing but compliments day in and day out. The only thing I think I'm lax in is that little piece in the back panting lot, which we were going to redo this spring, and by some lapse of memory, we didn't. But I'll tell you now that we'll put in these brick patio blocks along the sidewalk in the back panting lot. We'll put in some brick chips and charcoal chips to make it look very attractive. Mr. Alanskas: 1, as one Commissioner, don't think you're lax at all. You've done a great job. Thank you. Mr. Horowitz: Thankyou. Mr. LaPine: Mr. Horowitz, I remember this site very, very fondly because Mr. Bennett and I worked with you and Femon Feenstre to get this whole parcel developed. Mr. Horowitz: That's true. Mr. LaPine: When you first started out there, you started selling flowers. Like any business that anybody is in, year after year you have to expand the different types of things to sell if you want to be successful. Mr. Horowitz: That's true. Mr. LaPine: And as Mr. Alanskas has pointed out, I gel to the point here where the small businessman is not getting a very good deal any more. It's the big corporations that are gobbling up all the little guys, and the little guy has to strive to live. It did my heart good when Rite Aid went out of business at Merriman and Five Mile Road, and the guy across the street survived because I think it's about time that we give more support to the little guy and not always worry about the big guy because he pays more taxes. Mr. Horowitz: I used to shop althal little place. Mr. LaPine: So I personally have nothing against what you're proposing here. I think you've done a nice job on that corner. I think over the years you've really been an asset. You've won awards with your fine landscaping and 1, for one, will support your proposal. 19575 Mr. Horowitz: Thank you very much. It's nice to hear. It makes all that work Mr. Shane: worthwhile. We pick up the cigarette butts from the curb. Mr. McCann: We've got kind of a cheerleading section, but I think this is the question and answer section. Mr. Shane: Mr. Horowitz, I think you have a wonderful site also. Mr. Horowitz: Thankyou. Mr. Shane: I have two concerns. One of them is the display of material at the comer. I'm hoping that doesn't get to a point where there is a sight distance problem with cars. Mr. Horowitz: We've already lowered some of the objects that were on the comer. We did that yesterday. Mr. Shane: You're not going to add anything more, nothing higher? Mr. Horowitz: No. In fad, that elechical box on the comer in higher than what our sluff is going to be displayed. Mr. Shane: Okay. The concern I have is when you display this material, that you don't interrupt the flow of traffic somehow. Mr. Horowitz: We never have. Mr. Shane: I know you never have. I just want to make sure you don't. Somebody gets in there and can't find a parking place. He needs to be able to get in and out without loo much difficulty. Mr. Horowitz: If you see me in May and June, I'm out there yelling where they should park. We try to keep it flowing. Mr. Shane: I know you do. A lot of places display like you do and they look a lot worse that yours is, so I want to compliment you on that. Mr. Horowitz: Thank you. Mr. Shane: Those are the only two concems I have. Mr. Pastor: Having higher items displayed atthe comer, making sure thatwe just keep them to a low. Mr. Horowitz: We lowered them yesterday. 19576 Mr. Pastor: At least for the first 20 feet. After that, they can get a little bit higher because it's not going to cut off the traffic view and such. So that's my only concem. Mr. McCann: Obviously you're a good cifizen in Livonia. You seem to have an awful lot of friends around the City, inducing people within the City. But there are some questions we ask a lot of petitioners that come before us in the same situation as you, small business people. They want to expand. They start out on a site. They push be boundaries. We just went through this with Hunt's Hardware where he bought a piece of property and then moved a home in order to expand. We take a look at it and say, at what point does the business outgrow the site? And as Mr. Tent was referenced here earlier used to say, can you put five pounds of coffee in a three pound can? According to my notes and my review of the site, you were originally approved with 7.5% landscaping. Is that cored, Mr. Taormina? Mr. Taormina: Mr. Nowak researched that and apparently 7.5% is accurate. Mr. McCann: The requirement is 15% landscaping, so you only provided half the amount of landscaping necessary. When we see that a business has excess parking . we're saying you only need 19 spots. You've only got 7.5% landscaping. We're spending all this money on the Plymouth Road development, and you've got to come up to 15% and use your extra parking to do it. Part of the problem is that you bordered over some of the original landscaping with the product that was approved. Mr. Horowitz: The only area is along the sidewalk. Mr. McCann: Right. Mr. Horowitz: But we have the parking spots. Mr. McCann: I understand, but we're further reducing from 7.5% the amount of landscaping that we have. And one of the things hal kind of works in your instance is that you are a very good corporate citizen and you keep a nice area. But you could sell the business tomorrow and the next person that runs it may not be as good a citizen as you are. We have to look at this site as a whole. Every one of the Commissioners has asked this: "It's all right now, but what happens to the City if you move out?" You've got a long history with the City. I understand that. One of the discussions we had at the study meeting was looking at alternatives to where the placement is. You do have some extra space because of your additional parking. I know in May and June you need that parking. 19577 Do you think it could be rearranged some way to give yourself a little more of the permanent landscaping? Mr. Horowitz: The only area that I could see putting more permanent landscaping in would be at the rear of the property and at the back parking lot where I said we'd put in the patio blocks, brick chips and charcoal to make it look attractive. We also do quite a bit. I have pictures if you want to see them if you're not familiar with the piece, but we put a Hover bed out there on Wayne Road. We maintain it every year. Mr. McCann: Oh yeah. I'm saying you're doing a wonderful job. Mr. Horowitz: But I mean, I would consider that landscaping. We've flowered the tree. We gel comments about how we get flowers growing out of the tree. Wouldn't that be considered landscaping? Mr. McCann: It's not part of the site plan landscaping, and is not a requirement for the next guy who moves in. Mr. Horowitz: Why do you say "next guy who moves in?' I started out on that comer when I was 10 years old, and I'm 75 two weeks ago. I intend to fully, hopefully, go another 10 years now. Mr. McCann: I'm talking 25 years from now. Mr. Horowitz: Well, hopefully I'll be here arguing with you then. Mr. McCann: Hopefully I won't be here, though. Mr. Horowitz: I did my share with Mr. Bennet and Feenstm and a lot of other people. Mr. McCann: I understand what you're saying. I just wanted to express those concems because they are the concems we have for every business up and down there. Mr. Horowitz: Al this point in time I'll never say never, but at this point in time I have no thoughts about selling. I like the work. I take great pride in the corner. I take pride in our quality of merchandise, and I'm going to be there and I'm going to work until I can't work. And that's it. Mr. Pieroecchi: Mark, has it ever been done that a waiver of this nature has been time limited? Mr. Taormina: No. It's advised that the City not time condition any waiver use. These are approvals that con with the land and typically do not have any restrictions in terms of time. 19578 Mr. Pieroecchi: Never done been before? Because that would resolve some of the changing of ownership problems. Mr. McCann: Mr. Taormina, was there anything from the Plymouth Road Development Authority? Mr. Taormina: Yes. I believe Mr. Nowak read into the record their supporting resolution. Mr. McCann: Right. But there was no mention of going with the brick and wrought iron fencing as we've done in other areas? Mr. Taormina: No, there was no indication at the meeting that this area was scheduled for any improvements in the immediate future. Their only concern was the issue of maintaining adequate sight line, as Mr. Shane pointed out, that those be strictly adhered to for safety purposes. Mr. McCann: Is there anybody in the audience that wishes to speak for or against this petition? Betty Davis, 14122 Cavell. I have lived in Livonia for 35 - 40 years. I don't know Mr. Horowitz at all. I have no stake in this question at all, except that as a Livonia citizen, I am proud of Flower King. I think it makes a good impression. Its the best around. You can go to these other places, but they don't have the quality stuff. They don't maintain in that way. And if Mr. Horowitz says that he's going to do what he's going to do, based on his performance up to now, go for it. Mr. McCann: Thankyou. Robert Bennett, 32210 Myrna. That by the way was Betty Davis. If you haven't heard her before, I know you have. She's always as dynamic as that. I have one of your letters of correspondence that were alluded to earlier by Mr. Nowak. I guess I'm here as a citizen but also a friend of Rocky Horowitz, Ralph as you know him. I'm not going to read my lengthy letter because it is that, but I made it long because I thought it important to give you some background as to how Rocky Horowitz got here, where he is today, and why what he is proposing is an outgrowth of the problems he has faced in recent times to stay the healthy business that he is. I'm disappointed that John Walsh did not take the time to read my letter because that would have answered his question. It does answer his question. There is competition out there for the Iitfle guy brought by all these new developers, these big shots from New York and elsewhere who build the Walmarts and the Home Depots and even the Kmarts, Krogers, any of the supermarkets. Theyre all in the flower 19579 business today where they were not 15 years ago. They all have, or many of them have, outside displays. He's limited in his site. And that's unfortunate, but it's also a fact. I wanted also to mention at the outset, one of the reasons he is here is because I recommended he come here. The uses that he has added to his previously approved waiver use kind of crept in over time, and he and the Building Department crossed sorts a bit. The Building Department cited him. So Ralph is an old friend and I appreciate that friendship. He called me and said, 'What should I do about this? I cant give up this area of our business." I said, why don't you straighten it out, shoot square as you always have and go the City with the Planning Commission and see if you can get your waiver use amended. I think you can make a good case to do that. And that's why he's here. So I guess I'm the blame and therefore I feel responsible to come up here and speak because I did cause him to be here. So, he's got good reason for it. There is a significant competitive element out there in this area of business. And as it's been pointed out by so many people here already, he has kept his word on everything that he has attempted to do there. He has a reputation across the City. I'll tell you when my wife goes there to buy flowers year after year, I know they're good because she insists on quality stuff. His quality has never deviated even though the compefition has become more intense. There's always that pressure to say I'll lower my prices so I can keep my business. So I think the fad that he is keeping it and may be growing a little bit each year is proof that he's out there to compete with those big guys and does it well because he sells a quality product. Years ago, that's the first part of a little history I put in my letter when Ralph came to Fernon Feenstre and 1, we were both City Councilmen, he had had some failures on that property. Mr. LaPine, you'll remember a couple restaurants. I think that was two. Over time, they both failed. He came to us and said, 'What can I do? Its a valuable piece of property and I want to keep it valuable, but I want to do right." We conducted that since he'd been in the business of flowers and plants years before and knew what he was doing, we recommended to him that he go back into that business, rearrange his site. He put a lot of investment into that property to accomplish what he has there. But those restaurants, believe me, were never a site as this has become and has remained since 1984 or thereabouts. I think that the questions that Mr. McCann raised relative to your traditional approach of dealing with these problems are very valid, Jim, but there are also those times when I think we have to look over the rigidity of our positions, sometimes which are valid Planning Commission concerns and say, we've got to help those who have helped us. Mr. Alanskas: I just have one question for Mayor Bennett. In the letter that you wrote, it was fantastic. I still think it should be read out loud for 19580 everyone to hear what it says. But I really disagree on the top of your letter. It says, "from Robert D. Bennett, Mayor retired" Is there a chance that we could change that in two years? Mayor Benneft Some other time we'll talk about that. Tania Salem, I'm the owner operator of the Burger King right next door to Rocky. I didn't know you were going to be here. I would just like to say that he's been a great neighbor. He's running a fabulous business. We're like family. Thank you for picking up the cups and the napkins. But I remember when it was a restaurant I think it was Three Frogs or something frogs. Nothing could ever make it there, and then Rocky came in. He's a good man, good operator. Mr. McCann: I don tthink he knew we were going to honor him tonight. Ralph Barnes, 10998 Wayne Road, Livonia. This isn't pertinent to this per se, but directly across the street on the west side of Wayne Road is the Grand Rental Station owned by Commercial lawn Mower. They keep their equipment in the back because they were told they can't leave it out front. They take it in every night. Wouldn't you think this is going to open the door for this fellow directly across the street to expand his way down to the homes? The fellow across the street there, directly across, when he built that wanted to keep his stuff outside. Wouldn't you imagine he's going to come to City Council and wantto do the same thing? Mr. Alanskas: To answer your question, when Grand Iantal came to us, in our approving resolution, they can show five pieces of equipment daily and only five, so he could never put more out there. He would never ask for any more. Mr. Barnes: But they do put them in at night, sir, or behind the place. Mr. Alanskas: Yes. They're supposed to. That's in the approving resolution. Mr. Barnes: But the type of things the Flower King wants to put there, wont be taken in. They'll be left there continuously. Mr. Alanskas: But it's different between a piece of equipment and a flower. Much different. Mr. Barnes: Well, a bag of fertilizer. What's the difference? Mr. Alanskas: He doesn't sell fertilizer. Thank you. Mr. Horowitz: Can I clarify the fertilizer? A one pound box. 19581 Mr. McCann: There is some difference. This is also seasonal display and would be limited to certain time periods during the year. So there are some limitations and we do allow it for this type of merchandise - outdoor flower, gardening and that type of equipment. You'll see that we allow it for many similar type businesses, and it's limited to those types of businesses. Mr. Barnes: But he did say, sir, that he buys stuff by the semi -load. Wouldn't you think there's a good enough chance for that stuff to remain out there all winter? Mr. McCann: No. He competes with the people who buy it by the trailer load is what he said. Okay. Mr. Barnes: Okay. Thank you. Mr. McCann: I'm going to close the public hearing. A motion is in order. On a motion by Mr. Piercecchi, seconded by Mr. LaPine, and approved, it was #08-09-2002 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 20, 2002, on Petition 2002-07-02-11 submitted by Ralph Horowitz, on behalf of Flower King, requesting waiver use approval to expand the previously approved outdoor sales and display area for merchandise such as lawn decorations, garden materials and accessories on property located on the Southeast comer of Plymouth and Wayne Roads in the Northwest % of Section 33, the Planning Commission does hereby recommend to the City Council that Petition 2001-07-02-13 be approved subject to the following conditions: 1. That the outdoor display shall be confined to the areas as illustrated on the site plan received by the Planning Commission on July 17, 2002; 2. That the merchandise to be displayed in the designated outdoor sales and display area north of the building in the easterly portion of the front parking lot shall be limited to flowers, vegetables and other plants only; 3. That the merchandise to be displayed in the designated outdoor areas adjacent to the Plymouth Road and Wayne Road rights-of-way shall be limited to plant materials and home and yard decorations (such as wooden lighthouses, windmills, birdhouses, wishing wells and day flower pots and other clay pottery items); 19582 4. That the time period within which the outdoor display will take place shall be limited to April 1 through October 31, inclusively, except under the circumstances that the petitioner is granted a variance by the Zoning Board of Appeals for an extension of the outdoor display season through December 26; 5. That the petitioner shall seek a variance from the Zoning Board of Appeals with respect to the provision of Section 11.03(L) of the Zoning Ordinance which requires that outdoor sales and display areas shall be enclosed by a fence located on the boundaries of such display areas; 6. That the parking areas shall be repaired, resealed and double striped as detailed in the letter dated August 5, 2002 from the Inspection Department; 7. That all merchandise and landscape material on display shall be done in such a manner so as to not interfere with the sight lines along Plymouth and Wayne Roads; and 8. That plant and landscape materials shall be added in the landscape area adjacent to the Wayne Road right-of-way and west of the parking area lying south of the building, subject to the approval of the Planning and Inspection Departments; forthe following reasons: 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 oflhe Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. McCann: Is there any discussion? Mr. Piercecchi: I would like to add a condition that the height restriction be established on the corner display. 19583 Mr. La Pine: Mr. Pieroecchi, what do you mean by the "height shall be established?" Mr. Pieroecchi: Well, there was some concern about traffic. We'll leave that up to the City Council and the Inspection Department and Engineering Department. I dont think we're prepared to make that judgment, but that was a concern that was brought up and it should be established. Mr. McCann: Maybe the Engineering or Police Department can make a recommendation. Mr. Pastor: Maybe it should be rephrased that the sight line is to be maintained on Wayne and Plymouth Roads. Mr. Pieroecchi: The point is that we have to establish how high some of these things can go. You can't have 20' material there. Mr. Pastor: Then the only other question I might add, we talked a little bit about the landscape area that he said he'd change into landscaping behind the building. Do we want to add that? Mr. Pieroecchi: It's all right with me. I never object to landscaping. Mr. Pastor: That's exactly what he agreed to do. Mr. McCann: There is a motion to amend some of the landscaping to the rear of the property. Is that agreed to? Mr. La Pine: Its agreed. Mr. Piercecchi: But I think that sight line is very important. That has to be established in this approving resolution. Mr. Walsh: I have a number of comments to make. Mr. Horowitz may be a great guy, and he may have a great business. I think you do have an attractive business. But like all residents in all businesses in our community, you have to live within our rules. I think our rules should be malleable; they should be changeable; they should allow reasonable exceptions. But the history on this site causes me some concern. It was approved with 7.5% landscaping. You have received two waiver uses already. You're exceeding waiver uses. You answered my question about economic disadvantages and said that you dont feel that it was attributable necessarily to your competition, which contradicted your answer to Mr. Alanskas. Mr. Horowitz: I can't hear you. 19584 Mr. Walsh: What I said is, when I asked you specifically about your economic condition and whether you lost business or not, you didn't answer it. Any losses that you did have were direcfiy attributable to your competition, which contradicted your answer to Mr. Alanskas. You also answered to Mr. Alanskas that you feel you have an advantage over the larger competitors. So Mr. Bennett, I'm a little disappointed that you didn't follow that discussion on that point. You're also going to reduce your parking by three spaces and yet you indicate in May and June, you're out in the parking lot directing traffic, which indicates to me that you have a parking problem. I could easily approve the extended use at the front of your properly, but I do not think it is for the best interests of the City to expand your use outside to the north of the property and lose three parking spaces in the process. For those reasons, Mr. Chair, I will be voting against this. Mr. McCann: I find somebody who is doing a very nice job of making a site look good, gets along well with the neighbors and citizens, but generally, as Mr. Walsh says, is running against generally accepted planning principles. Its a balancing act as Mayor Bennett said. And you have to balance these things out and make a judgment call. I think we will increase some landscaping to the rear. I would have liked to have taken a look at that before we pass this on to Council. I'm hoping it's something the Council can take a look at so that we don't lose any landscaping by adding any variance here, that we make up in the rear what we lose in the front. But I think overall I'm going to be in favor of it, and hopefully the Council can work those issues out if its not our desire to continue it at this point. A roll call vole on the foregoing resolution resulted in the following: AYES: Alanskas, La Pine, Pastor, Shane, Pieroecchi, McCann NAYES: Walsh ABSENT: None 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 #4 PETITION 2002-07-0242 STATE FARM Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2002- 07-02-12 submitted by Michael Bielfeldt, on behalf of State Farm Insurance Company, requesting waiver use approval to construct an addition onto an existing office building located on the west side of Middlebelt Road between Schoolcratt Road and Benfiey Avenue in the Southeast%of Section 23. 19585 Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCann: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated July 23, 2002, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the legal description contained therein except that the word `comer' should be deleted from the first line of each description. There is no right- of-way dedication required. We have no objection to the proposal as submitted. The proposed project may be subject to the Wayne County Storm Water Management Ordinance." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated June 3, 2002, which reads as follows: 'This office has reviewed the site plan submitted in connection with a request to construct a 22,000 sq, ft. one-story addition to an existing building on property located at the above - referenced address. We have no objections to this proposal with the following stipulations: (1) If subject buildings are to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection. (2) Fire hydrants shall be provided with spacing consistent with commercial use group (less than or equal to 300). (3) Access around building shall be provided for emergency vehicles with turning radius up to 45 feet wall-to-wall and a minimum vertical clearance of 13.5 feet." The letter is signed by James E. Corcoran, Fire Marshal. The third letter is from the Division of Police, dated August 2, 2002, which reads as follows: We have reviewed the plans in regards to the above listed petition to construct a one-story addition to an existing building. It is our recommendation that stop signs be placed at each exit of the complex. Please remind the petitioner that all handicap spaces must be individually signed per city ordinance." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated August 5, 2002, which reads as follows: "Pursuant to your request of July 22, 2002, the above -referenced petition has been reviewed. This Department has no objections 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? Barbara Vader, TMP Associates, Inc., 470 West Centre, Portage, Michigan 49024. Richard deJong, State Farts Insurance, 410 East Drive, Marshall, Michigan 49068. MILE Mr. McCann: Is there something additonal you'd like to tell us about your project? Ms. Vader: As Mark mentioned, the existing garage inspection bays are being eliminated. State Farm has been in Livonia for a little over 10 years, and they are cencentrafing their efforts on expanding the company in this area because they like the Livonia area. The addition will generally be just general office space. Open office space is what they're going to put in there. Mr. McCann: Do we have some elevations? Mark, we're going to approve the elevations as well tonight. Correct? Mr. Taormina: Correct. I think Scott will put those up on the board. Ms. Vader: This is the site plan as you see it. The existing two-story building, the existing one-story building. The garage bays have been demolished and we're coming out to the west as Mark mentioned. This is an exterior perspective from the north. This is the existing building. This is the line where the expansion begins. These were the four elevations you were asking about as well as additional perspectives from the road. Mr. McCann: Is all the roof -top equipment going to be hidden? Ms. Vader: There is no rooftop equipment. Mr. McCann: Well that hides it. Ms. Vader: Yes it does. Mr. McCann: Are there any questions from the Commissioners? Mr. La Pine: The service center where you have the overhead bay doors . . you're not going to do any more work there where people bring their cars in? Ms. Vader: That's correct. Mr. La Pine: Thatwill be eliminated. Ms. Vader: Yes, that's eliminated. Mr. La Pine: So the new addition will be office. Does that mean you're going to be hiring new people or transferring people here from another location? 19587 Ms. Vader: Yes. Both. Mr. La Pine: That's very good. Glad to hear it. I'd just like to say one other thing. I made two trips to that location. Your people do a fantastic job of cleaning that property. It's just spotless. I cant say enough about it and I'm really happy to see you expanding in Livonia. Ms. Vader: Good. Thankyou. Mr. Alanskas: The people who went there for a claim before, what are they going to do now when they have a claim? Mr. deJong: I can answer that. We have a lot of different ways that we're approaching that. There are some claim reps, for instance, that would live at home and visit their first appointments of the day. We make some calls on people in the area when required. We just have a whole different approach that we use now in some cases to get our policyholders to the shops. Also we do have other service centers in the greater Detroit area as well. So it's a combination of those three things. That's actually I guess the doses( I can get to answering your question. Mr. Alanskas: I just wanted to make sure that our residents that have insurance with you would not have to go 40 or 50 miles to put in a claim for theircars. Thankyou. Mr. deJong: No, they wouldn't. Mr. McCann: A question regarding the site. Do you have a landscape plan there? Ms. Vader: Yes. Mr. McCann: Now, this will not impact the residents. Ms. Vader: I was just going to point something out. This is the existing seven fool high masonry fence that is there now that will remain. Any of the trees that were removed we'd like to relocate, but they probably won't. It will probably be a new tree but it would be of the same size. They were filling in along here as well as along here to the north with the landscaping. Mr. McCann: Mr. Taormina, have you reviewed the landscape and do you think that will give sufficient coverage for the type of plantings they put there to assist the neighbors? Mr. Taormina: Part of it may require some field verification and changes because some of the trees that will remain within that 33' greenbelt east of 19588 Mr. McCann: Right. They're going to lose some of it the wall is read or dying and should be removed at the same time they remove the other trees when they expand the parking lot. So there may even be a need for some trees to replace some of the dead trees that are in that area. Mr. McCann: Would this be something we'd want them to bring back ... the landscape plan ata latertime? Mr. Taormina: No, I think they could probably address that with the Council. Its probably only going to affect three or four trees altogether. Mr. LaPine: Along the west wall where your new addition is going in, you've got vapor lights on that wall. Is that what those lights are? Ms. Vader: The wall pack? Yes. Mr. La Pine: Do they shine in the parking lot at night? Ms. Vader: Not much. It's more for security. They like the perimeter to be lit; they like the windows to be lit Its just from a security standpoint. It doesn't amount to much IgM, no. Mr. LaPine: Well, I thought it was unique. Its the first time I've seen d and d looks really nice. Thank you. Mr. McCann: Is here anybody in the audience that wishes to speak for or against this petition? Karen Firth, 14135 Beatrice. As they were saying, they were going to have 18 extra parking spaces. Instead of going back into the greenbelt, couldn't they make that parking spot back there just in half so you could have more greenbelt back there and lose those 18 spots there? Because you're really going to cut into the greenbelt. It's really pretty back there now and its not going to be with all parking lot back there. And I do not like where the dumpster is going be. My daughter lives across the street and it's going to be right in her backyard and its very noisy when they pick up trash. If its moved directly behind her house, she's got kids. I'm not happy about that I was wondering if they could take out some of the parking spots and just leave more green. Mr. McCann: Take out some of the greenbelt in other areas is what your suggestion is? Ms. Firth: There's a very large greenbelt back there now. Mr. McCann: Right. They're going to lose some of it 19589 Ms. Firth: They're going to lose most of it. Mr. Shane: Mark, did you say there was extra parking on the site? Mr. Taormina: Based on the calculators submitted, we estimate that there is a surplus of 18 parking spaces overall. That's the total count from both sites. Mr. Shane: Do you need all of the extra parking that you're showing? Mr. deJong: Yes, we did some very careful calculating on the number of parking spaces we need and we felt we needed what we asked for. Mr. Shane: According to the City ordinance, you have 18 spaces more than you need. Ms. Vader: That's correct. Mr. Shane: The most westerly line of parking spaces happens to be 18 spaces. So I guess I'm asking if you could take a few of those out and replace them with landscaping even if it's not all of them. Even if R's some of them. Ms. Vader: And exceed the 21% of landscaping we're providing now, to go even higher? Mr. Shane: I think there's a pretty good greenbelt back there, but in hying to address this Iadys concems, I was just asking a question. If you can give her some spaces, fine. If you can't, perhaps they could be moved somewhere. I dont know. Probably the answer to it is the quality of landscaping that's put in there. Ms. Vader: It is beautiful back there right now. Mr. Shane: If they're going to do what I think they're going to do, it's going to be a little less, but it's going to be also nice because there is at least probably 18' or 20' of landscaping lett from the wall to the parking lot. If they put in the right kind of material, I dont think there's going to be an appreciable amount of additional cars there. There's a seven foot wall, plus the evergreens. Are those evergreens? Ms. Vader: Yes. Mr. Shane: That's going to do the trick. Ms. Vader: Well, the trash bins are now located in the center away from the homes. 19590 Mr.Shane: Where's your trash container now? Ms. Vader: Theyre located right here. They are non -accessible because of the addifion. So theyve been relocated to the comer up here, and they will have a masonry brick enclosure, seven foot high, to match the brick wall as well. Ms. Firth: Yes, but they are loud when they pick them up. And the backyard is right there. Mr. La Pine: What time do they pick them up? Ms. Firth: Sometimes four o'clock in the morning. Mr. McCann: They can't do that by City ordinance before seven. Ms. Firth: Yeah, they do. Mr. Shane: Is it possible to change the pickup time? Ms. Vader: We can look into that. I can't answer that. Mr. McCann: I think if you check with the company... Mr. deJong: We'd be happy to write our contracting firm a letter and ask them to be out during business hours. Mr. McCann: I know. I represent one of the commercial companies and by ordinances through all the communities, they can't pick up before seven. They have trucks out any time between six and seven o'clock at night if theyre running late, and they don't lel them out before seven in the morning to start the routes. Mr. deJong: That's something we can monitor and we can find out what's been going on there. We can address that. Gerald Showiak, 14132 Beatrice. I'm right behind the development. I just want to reiterate Ms. Firth's comment about the parking. If there's anything you can do to save all or any of what they're taking, I'd appreciate that. I also have a petition signed by seven residential neighbors in the proximity of the proposed construction, which addresses two issues: the trash dumpster and the landscaping. When the original State Farm Insurance building plans were proposed, the trash dumpster was to go to the back of the property, the site closest to the residential neighbors. We requested then as we are requesting now, that the planned twin trash dunpsters be moved to the middle or front of the site, as for instance, in the area where there is one currently now, or as with the American House dumpster, which is in 19591 the front of its site. We are familiar with and dislike the noise involved in filling and particularly emptying these dumpsters and their potential for odor and vermin. Also, State Farm Insurance can have a big impact on the acceptability of this project by making some purposeful landscaping changes in order to provide a year long winter and summer visual and sound barrier between their parking lot and building and the residential neighbors. What is needed is a dense barrler of conifer trees that keep their needles in the winter as well as summer, for example, spruce, fir, cedar and pine. I would like to see some 60 blue spruces strung out along the entire length of the State Farm side of the wall. Atter a few years, they would grow above the height of the wall providing mutual benefit. As they matured, the lower six feet of the branches could be cul from them if that became necessary for security purposes. So those three issues, gentlemen. Thank you. Mr. McCann: Thankyou. Angela Kavach, 14144 Beatrice, which is directly west of the proposed addition. I'd like to also reiterate the Wo concems - the dumpsters. I have two small children. I have one severely asthmatic son, and I just worry about what threat having the dumpster that close with the rodent population and any chemicals that would be used to treat that would pose for him. That's my first concern. My second concern is the sound barrler that the trees provide. As it is right now, behind our back yards, we can't grow trees that they can grow on the other side of wall. So to produce a sound barrler with trees in our own backyards is impossible because of the utility lights. So those are just my two concems. The sound barrier from the trees and the garbage dumpsters. And that's it. Mr. McCann: Mr. Taormina, the dumpsters are at the farthest north point of the site plan, cored? Mr. Taormina: Al the northwest comer of the site. Mr. McCann: My map is showing that Beatrice only goes to Buckingham there. It doesn't go all the way up to that area. No I guess Beatrice goes all the way up to that point. Okay. I'm just seeing that. Is there another position that the staff sees that those dumpsters could go? Mr. Pastor has a pointer and an idea. Mr. Taormina: Well, where he's pointing on the site plan is one location that could be considered because the further south you go on the site, the greenbelt widens. The improvements to this building are going to extend a little bit further west with the present condition on the site to the south. The other option might be somewhere along the north portion of the property where they are adding the parking spaces. 19592 You'll see that there is an entry drive coming in off Middlebell Road that goes in the east west direction just north of the building. Maybe they could locate the dumpsters along the north side of that aisleway. If there's not enough maneuvering room, they might be able to angle them slightly so that it would make it more convenient for the pickup of the trash. That's another suggestion. I wouldn't advise anything on the front of the site. It would be better to consider either the north orwest sides. Mr. McCann: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one, I'm going to close the public hearing. Are there any more questions from the Commissioners? Mr. La Pine: As Mr. Shane recommended, is there any way you can remove those 18 parking spots? Ms. Vader: To allow 18 more feet of green space? Mr. La Pine: Do you have any problem with that? Ms. Vader: Just if they get congested with the amount of employees. We meet your satisfaction. Mr. La Pine: It will meet our satisfaction because you're over and 9 will satisfy one of the problems that the residents have. Now, I don't know ... you know how many employees you have there. I cant believe that every employee that comes there, each drives a car. There s probably some that would drive two in a car, so I can't believe 18 spots would make that much difference to you. Mr. McCann: Just on that thought, is there someway we could land bank them and just have them come back? Mr. La Pine: OK. That's fine with me too. Mr. Taormina: That's possible. If they're removed from the plan or if they just show future parking, we would want to stipulate that if there is a parking shortage in the future that we would have an opportunity to look ala revised plan. Mr. McCann: What I would recommend is that they are land banked, that would save the existing trees. If they find that based on their use of the building, that they do need to put them in, we would just revise the landscaping back there. This way they wouldn't have to tear as much out. It's a suggestion. I'm not sure that its an economically viable one to go back after you've put the curb in. That's something I guess we would have to ask the petitioner. But we're saying that 19593 if you land bank them and they decided you need them, we would re -address the landscaping. Mr. deJong: We'lllookit. Ican't stand here and say that they won't ever need the spaces. I can't make that commitment, but I'd like to say that we'll be flexible and we'll consider that. Mr. McCann: I think that's something we can pass on to Council. Mr. La Pine: I've been by your location many times, and it never looks like your parking Iotis 100% filled. Mr. deJong: And that is true. Mr. La Pine: Now if we can just find a place to put the dumpster. Mr. deJong: We looked at this a number of times as we were doing the site layout ourselves. You always try to figure out where that will work the best. Unfortunately, sometimes you have to put them where they're easily accessible because of the size of the trucks. If you get them too dose to the front of the property, we do gel objections at times. Mr. La Pine: I nofice when I inspected the property that you had one dumpster in the center of one of the parking lots. Mr. deJong: That is the one that we are going to take out because of the addition. Mr. La Pine: Is there anywhere else in that parking lot where we could put it? Mr. deJong: We've looked. There might be some of you folks that have some ideas. We'll be flexible again. I mean the location of the dumpster is not a critical business issue with us, so we will be flexible on it. But we just need to know where it will work. Mr. LaPine: I have one other question. What basically do you put in your dumpster? Most of your stuff is paper. Mr. deJong: Much of itis paper. Almost all of it is paper. Mr. Pastor: The only thing with the land banking is to make sure that if we do that going up through here, that you wouldn't do much of adding in here. Al lead I wouldn't make you add it since you're considering land banking it and just whatever sod would be required to go in here if you have to touch anything or any dead trees. I guess that's what I would consider the land banking. But we could stick the dumpster right in this area. The dump truck could come in here, go 19594 through there and then pick it up that way. It gets it a little bit further away and gets it into this area so they have a straight in shot. So that's one possibility. Ms. Vader: Are you pointing to the parking spaces? Because if you eat up my parking spaces, now I've got a ... Mr. Pastor: I understand that. If we look two there, then you could leave those two over there or something like that. Mr. McCann: If we dd take these spots out right here, then the truck could come right around like this, then you put them right in there, they'd have a straight shot in there, back up and right out. Ms. Vader: Are we any further from that brick wall? I'm not sure where the residents ... Mr. McCann: Right not, theyre right here. And they are about 30 feet away. If you put them right here, theyll be about 50 feet away. Ms. Vader: Okay. So straight in here? Mr. McCann: Right. And then we would make this all landscaping straight across. That way it would be fair to everybody. You'd have just landscaping straight right there. Everybody gets the same amount. Put your dumpster right in there, come around, boom, back up and straight out. Ms. Vader: Okay. Mr. Pastor: You're talking about there as well. Again, you're just adding extra feet. I mean I'm sure they can reconfigure some of these areas to grab a spot a two or something like that. Ms. Vader: That's an entrance. We have to be careful. Mr. Pastor: Is it? Okay. Ms. Vader: Maybe we could come this way a little. Mr. Pastor: Exactly, to add the two spots and then you're set that way. Again, the further away you can pull from the residents, the better I think. Mr. deJong: We'll be flexible to ... Mr. McCann: We know you are. We appreciate your cooperation and the cifizens concerns and hopefully together we can make it a better project. 19595 Mr. deJong: We're going to try. Mr. McCann: Thank you. I don'tsee anybody else. A motion is in order. On a motion by Mr. Walsh, seconded by Mr. Pastor, and unanimously approved, it was #08-100-2002 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 20, 2002, on Petition 2002-07-02-12 submitted by Michael Bielfeldt, on behalf of State Farm Insurance Company, requesting waiver use approval to construct an addition onto an existing office building located on the west side of Middlebelt Road between Schoolcraft Road and Bentley Avenue in the Southeast '/. of Section 23, the Planning Commission does hereby recommend to the City Council that Petition 2002-07-02-12 be approved subject to the following conditions: 1. That the Site Plan marked Sheet C1.1 prepared by TMP Associates, Inc., dated July 18, 2002, is hereby approved and shall be adhered to except as modified below; 2. That the Landscape Plan marked Sheet L-1 prepared by TMP Associates, Inc., dated July 18, 2002, is hereby approved and shall be adhered to; 3. That the landscaping shown on the above -referenced Landscape Plan shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 4. That all sodded and landscaped areas shall be fully irtigated; 5. That the Building Elevations Plan marked Sheet A101 prepared by TMP Associates, Inc., dated July 18, 2002, is hereby approved and shall be adhered to; 6. That the brick used in the construction of the building shall be full face 4 -inch brick, no exceptions; 7. That the dumpster endosure shall be constructed with seven (7) foot high masonry walls faced with brick to match the building and with steel gates in accordance with the detail shown on the Site Details Plan marked Sheet C1.3 prepared by TMP Associates, Inc., dated July 18, 2002; 19596 8. That all pole -mounted light fixtures as depicted in the detail on the above -referenced Site Plan shall be shielded and shall not exceed a maximum overall height of twenty (20) feet above grade; 9. That the parking spaces for the entire site shall be double striped; 10. That stop signs be placed at each exit of the complex in accordance with the recommendation of the Traffic Bureau; 11. That this approval shall incorporate the following comments listed in the correspondence dated June 3, 2002, from the Fire and Rescue Division: a. If subject buildings are to be provided with an automatic sprinkler system, a hydrant shall be located between 50 feet and 100 feet from the Fire Department connection; b. Fire hydrants shall be provided with spacing consistent with commercial use group (equal to or less than 300 feet); c. Access around building shall be provided for emergency vehicles with turning radius up to forty-five feet wall to wall and a minimum vertical dearance of 131rfeet; 12. 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; 13. That there shall be no trash pickup earlier than 7:00 a.m.; 14. That the westerly most now of parking spaces located behind the proposed building addition totaling 18 shall be removed and replaced with landscaping; these spaces shall be Iandbanked and, if needed in the future due to a shortage of parking, shall be reconsidered by the Planning Commission and City Council prior to being constructed; and 15. That the dumpster enclosure shall be moved approximately 180 feet to the south from its location shown on the plan and positioned as far east as possible in order to increase the separation from the adjoining residential district; forlhe following reasons: 19597 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 9.03 and 19.06 ofthe 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. Walsh: I'd like to indicate that they will move the dumpster. Can we modify this so that they will move the dumpster as indicated in our discussion? Mr. Taormina: Yes. I will work on some language and we will add that. Mr. Walsh: Just so that Council is clear that we'd like it moved, and we'd like the parking spaces land banked. Mr. LaPine: I'd like to have Item 13 read, "No dumpster pickup earlier than 7:00 a.m." Even moving the dumpslers, I think it would be a good thing to have. Mr. Pastor: Maybe we can add Item 14: "Land bank 18 spots on the west side behind the new addition. Item 15 would be: 'The dumpster relocated in the southwest corner of the site of the first row of parking' so they gel the general idea that explains where we're looking at. Mr. LaPine: The walls are incorporated in there? Mr. Pastor: The petitioner is willing to do that. I think this gives Council direction at what we're looking at as well. And it addresses the citizens' concerns. Mr.Shane: Mark, is that sufficient? Mr. Taormina: Yes. We'll refine the language for the Council letter 19598 Mr. Shane: It would also be prudent, Mark, for you not to release this plan until its revised. They could revise it to show the land bank and revise it showing the dumpster in the new location. Mr. Taormina: We'll request that the petitioners revise the plan that they submit to the Council addressing each of the items that were modified this evening. Mr. Walsh: Could you alert the Inspection Department to the citizens' concern that there is garbage being picked up at 4 a.m.? I would appreciate It if that could be inspected. 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 #5 PETITION 2002-07-0243 DAVIS LANDSCAPING Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2002- 07-02-13 submitted by Gregory W. Davis, on behalf of Greg Davis Landscaping, requesting waiver use approval to permit outside storage of trucks, trailers and equipment in connection with a landscaping maintenance business located on the west side of Fremont Avenue between Eight Mile Road and Morlock Avenue in the Northeast%of Section 2. Mr. Taormina presented a map showing the property under petition plus the existing zoning ofthe surrounding area. Mr. McCann: Is there any correspondence? Mr. Nowak: There are several items of correspondence. The first item is from the Inspection Department, dated August 5, 2002, which reads as follows: 'Pursuant to your request of July 22, 2002, the above - referenced petition has been reviewed. The following is noted. (1) This building and site is in poor repair with poor housekeeping. The building needs repainting, and windows repaired and replaced. The landscaping is wild. There is trash, debris and old equipment outside. (2) The hedge detailed along the south property line is nonrexistent. There are some trees but it is not a sight -obscuring hedge. (3) The ordinance requires, in addition to a protective wall, a greenbelt along the south property line, 20 feet in width, with at least two rows of plantings to provide continuous screening. (4) This site does not appear to be in compliance with ZBA Grant 8707-131, which required the front to be 50% landscaped and 19599 parking areas and drives to be hard surfaced. (5) This site is problematic and will require several zoning variances and modification of the previous grant to be allowed as proposed. This department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. The next letter is from the Division of Police, dated August 2, 2002, which reads as follows: "We have reviewed the plans in regards to a proposal for outside stooge of trucks, trailers, and equipment. We have no objections to the plan as submitted. We would strongly recommend installation of lighting in the storage area for crime prevention purposes." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The next letter is from the Livonia Fire & Rescue Division, dated June 3, 2002, which reads as follows: 'This office has reviewed the site plan submitted in connection with a request to store trucks, trailers and equipment 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 next letter is from the Engineering Division, dated July 23, 2002, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the legal description contained therein, and there is no right -0f -way dedication required. We recommend that the proposed storage areas as a minimum be paved with an asphalt surface for maintenance purposes. We have no other objection to the proposal as submitted." The letter is signed by Robert J. Schron, P.E., City Engineer. The next letter is from a resident in the area, received by the Planning Commission on August 9, 2002, which reads as follows: "1 regret strongly that 1 cant attend the meeting as 1 will be out of town. Please 1 beg you not to issue a permit to Mr. G. Davis for outdoor stooge." The remaining portion of the letter deals with issues they have with other businesses located in the 91 district that is located south of Eight Mile Road and not necessarily perfinent to this petition. But this letter is in opposition to the proposed waiver use. The letter is signed by Sandy DeWaler whose residence is at 20335 Fremont. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Gregory W. Davis, 471 Renaud, Grosse Pointe Woods, Michigan48236. Mr. McCann: What would you like to address first? Mr. Davis: I just want to start off by saying that before I came to this meeting tonight, I walked up and down the street that this building is located on and I talked to at least six or seven neighbors. I reviewed with them the advice that Mr. Miller told us about from the different agencies in the City, and what the City wanted me to do. I wanted 19600 to get their input on what I should do. I just want to work with all these people involved, but I think the residents wanted some things and the City wanted other things, and I just want to reach a happy medium here. A lot of these problems were existing before I bought this piece of property, and I just think they had gone on ignored. They are just now coming to a head again because of this application. I think that the problem is that a lot of the neighbors on the street are unhappy with the way other businesses on the street abuse their properties, and they felt like they didn't want to have to worry about having to battle somebody else. I have a small business, and I just want to make this work. Mr. McCann: Are there any questions from the Commissioners? Mr. Alanskas: How long have you owned the property? Mr. Davis: A little over a year. Mr. Alanskas: In that years time, have you tried to clean up the property or paint the building or make it look like a valuable business instead of like a shack? Mr. Davis: When I first got that building, the whole back was a forest. You couldn't do anything with the back of the building. I removed all the brush out of there and carted it away. The neighbors in back of me and the neighbors next to me felt that was a significant improvement. I just got this building basically, but I want to make it a valuable piece of property. I want to be able to bring my commercial clients to my office and have something respectable to show them. But things take time, I guess. Mr. Alanskas: I was there Sunday. Of course it was all locked up so I couldn't go in the back of the gates. I didn't want to go there when no one was there, but looking at these pictures that were supplied to us, you've got so much refuse there in the back and the side of the building. Mr. Davis: The pictures I think that you have ... I dont know if I could see them or not, but I think ... can I see it? Mr. Alanskas: Yes, sure. Mr. Davis: This picture that I'm looking at here is of a truck. All this has been removed. And this is a very long time ago that this picture was taken, probably three months ago? What happened here is that this vehicle was stolen from me. I was in the process of figuring out what to do with it. I put it inside the building so as not to create a negative appearance. 19601 Mr. McCann: Sir, we have to kind of Trove on, but if you look at some of the other ones. You've owned the building for nine months and the Inspection Department finally came and took pictures and said you were in violation, but there are miscellaneous items everywhere. The gates are off the hinges. How much is five gallons of paint? That wasn't done. Mr. Davis: All these pictures that you're showing me cannot be seen from the street. They can't be seen from the street. And I put this gate up so that they couldn't be seen. All these pictures of things that you've showed me is clean, you know. All this stuff in the back of the building is gone. All that exists in the back of this building is on the second page, two trailers and a tractor. The other remaining sluff that I have are two trucks and two trailers that all ft neatly in the back. None of this clutter exists or will exist. I didn't realize that this was a significant problem, but its all gone. Mr. Alanskas: Sir, when you said "I put up this gate,' do you realize that you can't have a gate that high? The wooden gate you have in front so people can't see the mess you've got back there. Mr. Davis: You know I'm aware of that and I since cut R. Mr. Alanskas: It's still loo high. Mr. Davis: Well, I bought the building and you guys all approved the building permit to have this building built, and I didn't change the height of the gate. That gate was already there. Mr. Alanskas: Are you aware that you're supposed to have at least 50% landscaping on the properly in an M-1 district? Mr. Davis: You know, when I bought the property I checked it out with my realtor to see if everything was in compliance. I did not know that the previous owner of this property just ignored this. And this isn't a problem for me. I want to make it look good. I have no landscape plan orwhat is desired of me to do, but I can make changes. Mr. Alanskas: I have more questions, but I'll yield the floor. I'll take my pictures back. Mr. La Pine: I was out there a week ago. This trailer is still there. There's two trailers. One trailer back there has got no tires on it whatsoever. Thatwas there a week ago. Is it still there? Mr. Davis: Yes. 19602 Mr. La Pine: Okay. Then there was another trailer in front of that that has fires on it, but it don't look like it's usable. You had some sod back there. There's still a lot of stuff. But the one question I have, you've been there a year. Couldn't you replace the windows in a year's time in the rear on that overhead door? You've got them boarded up. You've got windows boarded up. What was the problem with doing anything there? Mr. Davis: The one window that you see that was boarded up hasn't been that way for more than month. Okay. I've been in contact with a guy to come out and put a new one in. To replace all the windows in the building, I guess I just dont have $5,000 to throw right off the bat. I just purchased a building. I'm not just renting. Its not just something that I can do overnight Mr. La Pine: Lel me ask you this. We're willing to work with you. What can you tell us you can do within the next 90 days to dean up the mess? Mr. Davis: Within the next 90 days, I can comply with any landscaping requirements. Within the next 90 days, I can reseal my parking lot to make it look more appealing. Those trailers that you saw there, I can repair them and have them licensed and road ready or move them somewhere else. I can paint the building. I could put another gale on the other side of the building. I mean just change the facing on it so you can't see the back. Mr. La Pine: You've got to look at this from the neighbor's point of view, too. They go by there and they see trucks. You say you live in Grosse Pointe? Mr. Davis: Right. Mr. La Pine: I assume that if you lived in a neighborhood and you went by this everyday, you'd be upset too. Wouldn't you? Mr. Davis: I can't see all this sluff from the street. I can't see any of the sluff you have a picture of from the street. Mr. LaPine: Butyou're saying, whatyou can't see just forget about. Mr. Davis: I can't see three trailers in the back. If that's a sticking point for you, I can get rid of that. How can I put it? This building has looked like it has for a long time. And because I've come here to ask for this variance, I don't know how you can expect me to make R look like a model of architectural wonder overnight, and own a landscaping business and make money. 19603 Mr. McCann: Well, sir, I think what we're not asking you to do is make a saw's ear into a silk glove. What you're asking us to do is expand the use. We've already got a problem site next to a residential area. You're asking us to expand that use to make it even more disturbing by putting trucks and trailers on the property. As you heard tonight, we do have concerns. We do bend the rules for good corporate neighbors. People that have come in and said, "Hey, look it." The Flower King comes in and says he does everything. He plants flowers; he puts up things. It's part of his business. You're in the landscaping business. You don't have flower boxes out in front of your windows for the neighbors to see. You don't have a beautiful painted building and all this stuff. So that's why we're saying you're not in compliance with the use as it is right now, and you say, 'Well, let me expand it even though I'm not in compliance with the use that's allowed" Mr. Davis: How am I expanding the use? Mr. McCann: By outdoor storage of trucks and equipment and outdoor storage of materials for your business. That's all expanding the use. Mr. Davis: I dont propose to store vast quantities of ... I don't want to be like Angelo Supply on the other side of Eight Mile and have a brick yard or be like Clippers and sell salt at all hours of the night. All I want to do is put two trailers and two trucks in the back of this building where nobody can see it from the front. I've talked to my neighbors that are directly next to me. And they say, "You know we think you've improved the property a lot." And I said well, some of the other neighbors don't think so. And I said, what would you say to me putting a cedar fence up so that in the winter you can't see anything. You cant look at my trucks or anything. And they said, "Yeah, that sounds like a good idea. We'll show Wu where to get the lumber cheaply." I'm trying to make this a nice property and look as good as all my neighbors. I'm just saying it takes a little time. Mr. McCann: All right. I'm sorry, I didn't mean to cul in front of anybody. Do you have other questions? Mr. Piercecchi: How about the screen to the south of your site. Would you go along with a wall there? It seems like there's only scrub bushes there now. I know it's been grandfathered in. I think its been grandfathered in. Mr. Davis: I think that the property next to me is also the same zoning as mine. I believe its M-1, isn't it? Mr. Piercecchi: R-2 isn't it? Isn't it R-1? 19604 Mr. McCann: Tothesouth? Mr.Shane: R-2. Mr. Pieroecchi: Its R-2. That's residential. Normally we have a masonry wall between a business and a residential property. Whether that's grandfathered in ... because I guess at one time that property was R-1 or R-2. Correct? Is that right, Al? Mr. Nowak: Priorlo 1989, the properties to the south and westwere zoned M-1. Mr. Pieroecchi: It was what? Mr. McCann: It was M-1. It was changed back to R-2. Mr. Pieroecchi: So when ilwas M-1, they didn t have to have a wall? Mr. Nowak: That's correct. Mr. Piercecchi: But if it's an R-3, you need a wall. Mr. Davis: I've talked to the neighbors. I've showed them the reports from the City. And they told me, you may think that group of bushes is a bunch of scrub, but that guy likes his lilac bushes. And he told me he fell that he would be like in a prison if he had a big cement wall. And my business is a pretty laid-back business. There's not very much activity. So he's like, I like the lilac in the front but it would be better if you put a nice cedar fence in the back so that I wouldn't see it in the winter, but I really like what I have in the front. Mr. Pieroecchi: We'd like to accommodate you. At least I can only speak for myself. But you make it very difficult. When we go and look at this property, if we had the worst looking site in Livonia prize, you'd win it. Mr. Davis: I'm sorry to hear that, but I think that I've come a long way since those pictures were taken. Mr. Pieroecchi: That's very possible. I looked at it last week. I didn't look at it prior to that. Mr. Alanskas: Before you bought this property, were you in this business? Mr. Davis: Yes. I've been in the business about 15 years. Mr. Alanskas: Where did you store your vehicles before you bought this properly? 19605 Mr. Davis: There is a place on the north side of Eight Mile. It's between Middlebelt and Merman. They sell hoses there. You can gel hoses made. And the whole back lot is all rented out to landscapers like myself. Mr. Alanskas: In your business, don't you start out early in the morning for landscaping, like six orseven o dock in the morning? Mr. Davis: Not at all. The way I ran my business, I move my equipment from job to job to job. So I have a crew that cuts grass. It starts at 8:00 a.m. And then the landscaping starts at the house because I do jobs as far south as Grosse Ile, as north as Flint and as far west as Howell. And we just go to the site. So I try to just move the equipment from site to site and only now, during the slow month of August, is my truck or any equipment related to landscaping there. Most of the time its on the job site. Mr. Alanskas: How many pieces of equipment do you have roughly? Mr. Davis: Lets say six. Mr. Alanskas: Six. So in the winter months when you're not working, you'd want to store those vehicles on your properly? Mr. Davis: Yes. Mr. Alanskas: The ones that you have now that you can't even operate ... what are you going to do with those? Mr. Davis: Either repairthem or get rid oflhem. Mr. Alanskas: Thankyou. Mr. McCann: Before we go to the audience, is this something you'd like 90 days just to table this and work to get some stuff done to make the building and ... Mr. Davis: I can make some substantial improvements to make it look better and maybe have a more positive response from yourself to show I have good faith in doing what I say I can do. Mr. McCann: Is there anybody in the audience that wishes to speak for or against this petition? Evan Karrynow, 20515 Fremont. I live two homes from his property. The issue that is bothering us the most is ... true, his landscaping is an issue but Chats something we can live with. We can deal with it. That's a work in progress. But the waiver he's looking for is for the outside W1111 storage. The outside storage is what our main concern is. Initially, we had talked. He had mentioned that it was just for the side. Well, as we come here, we learn it's not just for the side, but all around the building which means it's in the front. The last thing we want to see in our neighborhood is a couple trucks and trailers full of lawn mower equipment sitting in front of his building. Mr. McCann: No. He did provide a site plan to the City and there's designated areas where he would be allowed to store them. The designated areas on his drawing are behind the gates. And he would only be allowed to store it in the designated areas. Mr. Karzynow: Okay. But it's one of those things where as time progresses, if we give into this, what guarantee do we have that it won't grow? Mr. McCann: As we talked to Flower King, the fad that he's been with the City for 25 years and you know the type of business, can give you a comfort level. A guy that's been here for a year and hasn't made much improvement ... Mr. Karzynov: Right. I mean he has made an improvement. He got a lot of garbage out of there. There's no question. Mr. McCann: Good. I'm glad to hear that. Mr. Karzynov: Well, there again. We don't know what he's going to be storing back there. You know, he could be storing gas back there or hazardous materials. We don't know. We're concerned with the front of it and the possibility of him putfing things up front. That's what we're cencemed about. You can stretch your limits. If you say, well you can't park vehicles up front during non -working hours. I can understand if you have a vehicle sitting during the day, that's fine, and then leaves at night. It's the overnight parking that we're concerned with. That's basically our position. Mr. McCann: Thank you. Sharon Wagner, 20417 Fremont. I've been here many, many limes over our neighborhood, our particular street. The genfieman said that his neighbors were really not willing to cooperate. We've cooperated an awful lot over the years, especially Marsh Tools for example has been wonderful. We've made so many improvements in our neighborhood. If you drive down our street today and compared to what it was five years ago, you'd be amazed. But it's because the neighborhood and the people that live in the neighborhood have really worked hard to get it there. This gentleman has trucks that come in and out of this street and they pull in here at 11:00 at night. He has employees who make terrible remarks to the neighbors, to 19607 the women in the neighborhood who are just out watering their lawn. We don't need that in our neighborhood. I want the property cleaned up. I want the area cleaned up. If you go from where the M-1 slops back toward Modock, you dont see all this trash laying around. When you're in my next door neighbor's family room and they look out their window, they can see right into this man's backyard. That front gate means nothing. If you block it off from the front, what difference does it make to someone who's driving down the street? But the neighbor that's next door to him or two doors down that looks out the side window, they see that. And when the foliage is gone in the wintertime, it's ridiculous. Why should we have to keep our property up, pay taxes on our land, and the City expects us to have our land improved and kept in a decent way, and then have to put up with this? I give the man credit. He wants his own small business. We have to keep our properly up. He should too whether he's there a month or whether he's there 50 years from now. We want it improved. He came knocking on our door, and he wanted us to agree with him. I'm willing to work with him if he wants to keep his property up as well as I do mine. Mr. McCann: Thank you Brian Silvernail, 20404 Fremont. This gentleman says he cares about the neighborhood but as you gentlemen have seen last week ... his gate with the 12 fool or 16 foot, however tall they were, stuck up there. It looked like some backwoods man or something did it. It made the neighborhood look really bad. And that truck sal out there for three or four months. He could have put that in the back so we didn't have to see that. Twice I've come home from work and maybe not him, it's probably not him, it's probably his crew, and they are silting on the road waiting to back in and they sit there and just look at me for five minutes. So I end up driving through Marsh Power Tool and his yard to get around them. They block the road. They don't care. Maybe he cares. Maybe he's a nice guy. But the City, not you gentleman necessarily, but the City never backs us up there. We fought Kettering for 15 years. Finally the City did get on board with us and they got him to dean up his equipment, his machines in the back. He had trees 30 feet tall growing through the equipment. That's how long it was back there. Now, the City let him sell his front driveway, his Eight Mile address, to Marsh Power Tool for their parking lot. So they gave him a Fremont address and that's got to be five or six years ago. And the man was going to put a driveway in. He knocked down part of his fence, he drives his semi in there, and in the springtime we have six inches of mud all the way down our road because of his semi. I mean the City said he doesn't have any money. Well, that's not our fault. I've lived here 45 years. 19608 Mr. McCann: Mr. Taormina, is that something we can look at? I think as part of the site plan wouldn't that had to have been paved - the entrance or exit? Mr. Taormina: I'm not familiar with the situation that he's talking about. Mr. McCann: We'll take a look at that. That's not really a topic for this individual. Mr. Silvemail: But it is for our neighborhood though. Mr. McCann: That's why I'm going to have the staff look into it to see if he has proper access there. Mr. Silvemail: He does. I know he does because they moved his mailbox from Eight Mile to Fremont. Mr. McCann: But then that should have been paved. Mr. Silvemail: I understand that. Mr. McCann: I'm trying to help you. Mr. Silvemail: Our concern is that the City doesn't follow through. Its like K&J, the automobile repair place. They were supposed to be allowed so many cars. You go there right now and they are double parked. They're parked on the grass. Sometimes we can't drive up Fremont because they've got their tow truck and two o three cars parked on the side of the road. So if a car is going north on Fremont, and I'm coming home and tum south on Fremont, the back end of my car is stuck on Eight Mile because I have to wait for the car going northbound because K&J is blocking our road. Call the police, they come out and have them move it. I mean we've been fighting with the commercial for a long time. We all take care of our places. Like Sharon said, if you come out and look at our neighborhood, its one of the oldest neighborhoods in Livonia. My house was built in 1924. Mr. McCann: Is it that you're asking us to deny this petition? Is that where we're going? Mr. Silvemail: Yes, because he has not shown us anything until he put this petition before you. He did nothing m that lot at all. It doesn't show me he cares about my neighborhood at all. It's more like he's doing a show right now to try to gel you guys to go along with him saying he's going to do this and this. He's been there for nine months and he did not do nothing. In fad, he pulled junk in there - thal truck it set there all winter long. (9609 Mr. McCann: Thank you. Is there anybody else wishing to speak? I'm going to close the public hearing. Mr. Davis, you have a last comment if you wish. Mr. Davis: I guess I'd just like to have the opportunity, like you said, 90 days or so and maybe some recommendations from you for things you think I should or could do that would ... you know, besides putting all the windows in my building, make my building and property acceptable to yourselves. Mr. Alanskas: I just want you to be aware that when you ask for another 90 days, there are so many things that you must do to comply with the City, such as the parking lots that are now gravel, they've got to be paved either wth asphalt or concrete. You need a separation of a wall between you and the residents. We're talking a lot of things that you must do to comply with the City. It's going to cost x number of dollars. I want you to be aware of that. Mr. Davis: The wall, whether you give me the variance or not, my understanding was the wall was grandfathered in. Mr. Alanskas: It was a long time ago, but things can change. Am I correct, Mr. Taormina, or am I not correct? Mr. Taormina: The situation is that it does not presently comply with the ordinance standards relative to screening between residential and non- residential uses. Typically, when we have petitions involving either a change of use or an expansions of use, that provides the opportunity for the City to get these items brought into conformity. But I'd like to address another issue, Mr. Chairman, if I may. Mr. McCann: Yes. Mr. Taormina: Back to the question of outdoor storage within the front yard. Notwithstanding the fact that the plan that was presented to you does not indicate any storage within the front parking lot, there is a note on the petition that indicates that "storage of trucks, trailers and equipment, trailers and trucks stored 'in front back and sides' of building" I think it's a question that needs to be clarified by the petitioner this evening as to whether or not it is his intention to have overnight storage of vehicles. Mr. McCann: If I'm reading the Planning Commission right, there would be no outside storage in front of the building if we considered this at all, but that's something I think we can vote on. At lead from one Commissioners point of view, there would never be any storage in front Do you understand that or would you agree to that? 19610 Mr. Davis: I would agree to that. h order to get this exception or waiver, I cannot afford or be expected to afford to erect a masonry wall, pave my backyard and all these things overnight. I mean, if I had to do these things, I don't know how I could exist. I would think that the people here would want to give somebody a chance to make this building into a viable property and not try to crush him with a mallot saying go spend 30 or 40 grand or you cant operate or exist there. Mr. McCann: Well, there are exceptions where we give them up to two years to pave and those things can be done. But I think we have a larger question which is the problem, the type of business and the real issue tonight is the waiver use to do the type of business you're running out of there. Are there any other questions? The public hearing is overso a motion is in order. Mr. Alanskas: I would really like to go along with this young man but I know what's going to be involved to bring this building up to code. And we need that before he could possibly even haw this business. So I'm going to give a denying resolution. On a motion by Mr. Alanskas, seconded by Mr. Pastor, and unanimously approved, it was #08-101-2002 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on August 20, 2002, on Petition 2002-07-02-13 submitted by Gregory W. Davis, on behalf of Greg Davis Landscaping, requesting waiver use approval to permit outside storage of trucks, trailers and equipment in connection with a landscaping maintenance business located on the west side of Fremont Avenue between Eight Mile Road and Modock Avenue in the Northeast % of Section 2, the Planning Commission does hereby recommend to the City Council that Petition 2002-07-02-13 be denied for the following reasons: 1. That the petitioner has failed to affirmatively shoe that the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 16.11 and 19.06 of the Zoning Ordinance #543; 2. That the petitioner has failed to comply with the provisions of the Zoning Ordinance relative to the requirements for a protective wall as well as a greenbelt where the subject property abuts residential zoning to the south and west; 3. That the petitioner has failed to comply with the provisions of the Zoning Ordinance relative to the requirement for landscaping in the front yard; 19611 4. That the petitioner does not indicate that other site problems and deficiencies identified in a letter dated August 5, 2002, from the Inspection Departmentwill be rectified; 5. That the proposed parking/storage of contractors vehicles, equipment and materials will be detrimental to the maintenance of the site in an orderly and satisfactory condition and would be a deterrent to the long -tern stability of this area; and 6. That the residential properties in the immediate proximity of the subject property will be adversely affected by the outdoor storage. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. McCann: Is there any discussion? Mr. Pieroecchi: Mr. Alanskas, I would like to add Item 7 that the Inspection report and these photographs all be part ofthe denying resolution. Mr. Alanskas: It is automatic. That's no problem. Mr. Pieroecchi: I don't know if it is automatic. Mr. Alanskas: Yes. Whatever comes before us is a public record. Mr. Pieroecchi: No, no, no. I want this to go to the Council. I want them to get the photographs. Mr. Alanskas: They'll get it. Don't worry. Mr. Pastor: One of the reasons why I'm going to be supporting the denying resolution is because I believe that the petitioner, if he's so steadfast on fixing this and taking the 90 days . . . here's an opportunity to take the 90 days, come back before us, show us what you can do. You have a lot of items before the Inspection Department that if you meet that, at least we know that you're going in the right direction. Take 90 days, get the residents behind you and in support or your petition and take care of it at that point if you so desire. That's the way I look at it, then come back. If you have the residents behind you, if you dean up your building to their satisfaction and to the Inspection Department's satisfaction, then I'm more than willing to re -look at this. But from where I'm silting 19612 now and today, it doesn't look like you're willing to do that, so that's the reason why I'll be supporting the denying resolution. Mr. LaPine: I recommended the 90 days. I still feel that might have been an alternative. Quite frankly, there are so many things you have to do, I don't see how you can even do half of them within 90 days. You've got so many things wrong there that have to be fixed. It's going to cost you lots of money, and I don't mean $5,000 or $10,000 or $20,000. We're talking big money. I just have one question. Did you know anything about this properly before you purchased it? Mr. Davis: My realtor went to the City, okay. And all these things that these people are talking about are recommendations. The wall was grandfathered in. The asphalt parking in the back is a recommendation. Is it not a recommendation? Its not something that is required by the City. Mr. La Pine: No, you don't have to go along Mr. Davis: All the properties that are around me, they have grass in the back of their buildings. Mr. LaPine: Okay. Mr. Davis: You guys are all happy with these buildings but they have grass in the back of their buildings. Mr. LaPine: Okay. Mr. Davis: And you're asking me to put asphalt in the back of my building. It doesn't make sense. Mr. McCann: Our time for argument is over. I really shouldn't have gone back to you but I allowed Mr. LaPine. I understand your concerns but what we're voting on is to increase the use at this point. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. The petitioner has ten days to appeal the decision to the City Council in writing. 19613 Y1�Ai » I Y Y[e]: VJJDYZ1iII1YA5E Aj[e] 71_1 Ti L1 ml fit\ 4F.A*1 I: Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2002- 07-02-14, submitted by Mohamad EI Fassih requesting waiver use approval to construct a gas station and carry -out restaurant with drive -up window service on property located on the north side of Schoolcraft Road between Inkster Road and Cardwell Avenue in the Southeast%of Section 24. Mr. Taormina presented a map showing the properly under petition plus the existing zoning of the surrounding area. Mr. McCann: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated June 24, 2002, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the legal description contained therein. However, we recommend that it be expanded to reflect the petitioner's surveyor's boundary survey. There are no additional right -0f -way requirements for this site, and we have no other objection to the plan. The site will be subject to the Wayne County Storm Water Management Ordinance." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated June 3, 2002, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct a gas station and caryout restaurant with drive -up window service on property located at the above -referenced location. 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 2, 2002, which reads as follows: "We have reviewed the plans in regards to a proposal to construct a gas station and caryout restaurant. We recommend adequate lighting over the parking areas that are away from the canopy lights for customer safety. There is no indication as to the number of employees that will be working in order to calculate the correct parking requirement. Three handicap spaces property marked and sized are needed. In addition, a handicap ramp for access to the building from the lot will also be necessary. It is also recommended that a sign indicating the height of the gas pump canopy be installed in several conspicuous locations to reduce the frequency of trucks driving into the canopy. Stop signs for each exit of the property along with a Right Tum Only sign for the Schoolcraft exit will be necessary." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated August 5, 2002, which reads as follows: 19614 "Pursuant to your request of July 22, 2002, the above -referenced petition has been reviewed. The following is noted. (1) This petition does not show the split of the property to create an out lot for the gas station. (2) This petition is lacking information. Will the existing building used as office remain the same, and what is the empty space in the gas station building? Therefore, the parking calculations cannot be done without further information. At this time, it appears there is not enough parking for this use. (3) This area is poorly cleaned and needs maintenance. (4) We would recommend that the Petitioner provide the needed additional information and resubmit revised plans for further review. 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? Mohamad EI Fassih, Elite Design & Development, Two Hampton Court, Dearborn, Michigan 48124. Mr. McCann: Are there some site plans you would like to show us? Mr. EI Fassih: Yes. Our first design was as shown on the first submittal for a 5,000 square foot building, a gas station with eight pumps in front of it facing SchoolcraR and keeping the existing building for AAA as is. Since going back and forth with Mr. Nowak and the Planning Department, and part of the notes that came back to us ... we want to work with the City and plan to make the area look better than it does right now. The whole parking lot has no landscaping nghl now. It is outdated and needs a lot of remodeling for that site. Since we talked to Mr. Nowak, we plan to do whatever the City wants which is to cul the building down to 75 feet in depth and that will make it 9,000 square feel instead of 13,500 square feet. And that will create also more parking spots in front of the building as part of changing the look of that building, which is eliminating all of the bays on that side of the building and putting a new front facade for whatever new store is going to be in that building. We don't know yet who's going to lease it. We don't know yet what it's going to be. Maybe they will take the whole 9,000 square feel or it might be divided into three or four different shops. We don't know yet. But that's part of the design to give it a new look, a new facade, and cul down the building to create more parking spots to create more landscaping for that area. Regarding the gas station area, before we proposed 10' of landscaping on the east side of Inkster and Schoolcraft. We increased that to 15' in order to come up with 15% of the landscaping on that site. We got circulation on the side. We kept the existing driveways as our ingress and egress from that property to minimize the traffic, to keep the circulation more safer 19615 and try to minimize in and out from that site, so we kept the same driveways. Regarding parking spots, now we increased our spots by six parking spots, but also we decreased the size of the building. So if you add them all together would be almost right there for the number of parking spots. Regarding lighting for the sight, we will propose all the lighting according to what the City requires and the downlighting from the canopy is going to be down lighting. Regarding elevations on the canopy, we're going to provide that. Mr. McCann: Weil, obviously, the staff hasjust gotten this plan today. Mr. EI Fassih: I understand. My proposal is we'd like to table the meeting tonight. I'm not going to ask you for any decision, but I'd like to know what's your opinion about our project and what's your feedback. So when we submit drawings for revised everything we will know exactly what needs to be done. Mr. McCann: It will come back at a study between now and then as well. But I'm looking at it and I'm seeing great improvements. Mr. EI Fassih: Part of our submittal is to find out what the City wants from us in order to improve that property, improve the Iocafion and improve the parking. So any feedback from the board we will be glad to take. Mr. Pieroecchi: When I look at your plan, i seems like you have a lot of building there. Do you ultimately plan on having a restaurant with tables and chairs in there? Mr. EI Fassih: There is going to be about ... we dont know what restaurant will be in, but there will be about 12 to 15 seats in there, yes. Mr. Pieroecchi: Twelve to 15 seats? Mr. EI Fassih: Yes. Mr. Pieroecchi: Okay, so is going to be more than just a drive through then. It's going to be whalwe call a limited service restaurant. Mr. El Fassih: Yes, very limited. Mr. Alanskas: Sir, the property where you want to put the gas stafion ... do you own the property? Mr. EI Fassih: My client owns it. Well, he is in the process of buying it now. He has a contract with the original owners. 19616 Mr. Alanskas: Now in regards to tie AAA building, are you buying that building also? Mr. EI Fassih: Yes. Mr. Alanskas: So you would have both properties. Mr. EI Fassih: Yes. Mr. Alanskas: Okay. Do you have any other gas stations besides this one? Mr. EI Fassih: My client does not. I don't think so. You do? Mr. Alanskas: How many does he have? Ray Salem, 31484 Orchard Creek, Farmington Hills, Michigan. Two. Mr. Alanskas: Okay, so this is not a new venture for you? Mr. Salem: No. Mr. Alanskas: Do you know what type of station you are proposing to put up? Mr. Salem: Well, it's under debate right now between BP or Sunoco. I know one of the questions was what color will the canopy be. Mr. Alanskas: That's a minute question right now. I just want to know if you had one specific company. Mr. Salem: Probably BP. Mr. Alanskas: Let's see, we have one on the corner of Merriman and Five Mile and then there's going to be one on the corner of Levan and Five. Didn't BP buy out all the Standard gas stations? Mr. Salem: Yes. Mr. Alanskas: That is correct. So all the Standard stations we have now in the City will become BPs? Mr. Salem: Right. Mr. Alanskas: That you're aware of? Mr. Salem: Right. Mr. Alanskas: So you want to put another existing BP on that comer, which is only a mile from... all right. Thank you very much. 19617 Mr. Walsh: I just want to tell the petitioner I think what you've done is an improvement over the original plan that was submitted. We are going to need some time to digest it. A suggestion, Mr. Chairman, was that he spend time with our Planning staff. We will see this, as you said, at another study session. But I did see some people in the meantime that wanted to comment, so while theyre here ... Mr. McCann: Yes, I have to go through the public fearing process tonight and I will go to the audience before we're done. Mr. Walsh: But I just wanted to give you that I think it's an improvement, but until we hear what the people have to say and until we get some more input from our staff, it's difficult for us to respond tonight. But if you work with our staff, and then at the study session you will have an opportunity to flesh this out before there's ultimately a vote. Mr. Salem: Okay. Mr. Pastor: Though it is an improvement, there is still a lot of questions that remain. A lot of it is on the existing site with the existing wall that is running along the backside of this whole entire property. The parking lot, parking questions, what kind of building it is, what kind of restaurant is going in there. I don't know if I really want a restaurant in a gas station. I know that they have them out there. The dumpster location ... those are the questions that I have. This is an idea we kind of looked at. I'm looking for more landscaping requirements. If we have a chance to revitalize this corner, this is what we need to do. Contrarily, I want to make sure that all these neighbors ... I see that you have signatures of neighbors ... but we need to know to make sure they are in the that 400 foot radius to make sure ... those are the concerns that I'm going to have. But the biggest concern is to make sure that whole entire center is also updated ... the parking lot and the wall being some of the main cencems. Thank you. Mr. McCann: Is there anybody in the audience that wishes to speak for or against this petition? John MacKenzie, 15730 Harrison. My mother lives in the neighborhood. I used to live in the neighborhood. I've been a resident of Livonia ... I'm 36 1 think, so 33 years roughly. I used to run up and down the alleyway behind these buildings before it was AAA, when it was A&P or Fanner Jacks, and Drug and Party Fair was there, which is now also a vacant building. I really wanted to and I was not able to within the last week go through and find out how many vacant buildings or shops there are. Unfortunately I wasn't able to do that and I do apologize. I will do it though for the next meeting. If I'm 19618 not mistaken, if you go one mile as a crow flies in any direction there are 10 gas stations. Beech Daly and Five Mile to Five Mile and Middlebelt to ... I'm sorry ... Middlebelt and Plymouth Road, which unfortunately there isn't any, but there is one a half mile down, so that's 11. All the way down to Beech and Plymouth which if I'm not mistaken there's one there. Restaurants ... I'm sure we have plenty of them. If you want to open a restaurant, you got a 13,000 square foot building - open a restaurant. They just split the Fanner Jack's if I'm not mistaken that was at Five Mile and Middlebelt, which is five -eights of a mile away from my home, into a Chinese restaurant and a Dollar Store. The Chinese restaurant is good. The Dollar Store didn't thrill me but I'll live with it. Its producing money and it cleaned up the area and it filled the building. Mr. Pastor, I believe you're on the Plymouth Road commission? We have plenty of vacant buildings down there, and I bet we could tum a half dozen into restaurants. If I'm not mistaken, we have plenty of good restaurants already. I'm not trying to tell this gentleman what to do. I do not want to do that. I see no reason for a gas station. I see no reason for a restaurant. I see another reason to cover up something that is behind it that's been empty and is going to stay empty. And now that you took the party store out, that's just one less reason for them to come in there. And if you block that off, its one less reason for someone to rent it. That's it. Thanks. Mr. Salem: Can I respond to that? Mr. McCann: No, you can't. I want to hear the audience first. Mr. MacKenzie: That's my mom. Ruth MacKenzie: That's my little boy. I live in Buckingham Village. I have for 37 years. I hope I continue living there for awhile. But I'm very much against opening a gas station on the comer. We have four restaurants in that shopping area. We don't need no more restaurants and we don't need a gas station. Mr. McCann: Can we get your name for the record? We only have "Mom' right now for the record. Mrs. MacKenzie: Oh, Ruth MacKenzie. Mr. McCann: Thankyou. Dennis Cooper, 27541 Buckingham. Pretty close to 400 feet but it isn't often that we gel a chance to look over this shopping mall as they call it there on the comer. I did have the pleasure of talking to the gentleman on my front porch one day. He had a lot of good answers, but I guess 19619 I wonder what enforcement we would have to see that he comes through with everything he's got or he's saying. I'm not in favor of a gas station on the comer, and we certainly don't need a drive- through restaurant on that comer. But what we do need, and I understand that your customer has purchased the entire mall? Mr. McCann: I think he said he's in the process. Your questions have to come to us. Mr. Cooper: Okay, I'm sorry. Mr. McCann: Just the AAA building and that corner, not the mall. That would be the Canvasser brothers, I believe, that own the other property. Mr. Cooper: Well, then I guess I can't complain loo much about him deaning up the mall. But if you gentlemen don't have garbage picked up at 4:00 in the morning, you're not living in the right area. I think you mentioned that you had people that you represent in the garbage industry or trash industry. Lel me tell you what. They're picking up garbage a14:00 in the morning. Mr. McCann: I know our company doesn't. Mr. Cooper: But that's my concern is to dean that place up and stop all that sort of stuff. Now if he can do that with a gas station, fine. I see a lot of great gas stations with great landscaping . .. Middlebelt and Five Mile, for one, the Mobil station ... excellent landscaping. But I just don't picture that at that corner. Mr. McCann: Okay. Thank you. Beverly Cross, 27407 Buckingham. I'm the house directly behind this open area on the side of AAA. There's a wall there, but part of my side yard is fence. I cannot see a gas station. They do need to do something with the AAA building. The windows are never washed. There's salt along the front of the sidewalks all the time. Its never swept up. The parking lot is never hardly deaned. I dean all the trash from off my side boulevard. So I really ... its loo much of a high traffic area anyways. That comer ... sit in my driveway and see how many people come around the comers there. Its terrible traffic. Mr. McCann: Do you remember how long the AAA building has been vacant? Mr. Pastor: Fouryears. Mrs. Cross: Is it only four years? Its been a while. 19620 Mr. McCann: Seems like a lot longer to me. We've had the mall before us trying to get them to work to dean it up. We're just concerned from a planning standpoint what it's going to take. What type of business. New businesses do help bring tenants in and that helps dean things up. They're talking about now maybe tearing down half of the AAA building or a portion of it, putting a new facade on it, cleaning it up, putting in new businesses there. So I understand everybodys concems but we're also wondering what's it going to take? What is it that we can do there to gel this comer going again? Mrs. Cross: It does need fixing up. I will grant you that. It's terrible and that's coming into Livonia actually. Mr. McCann: Its just something though if you agree that we all want to take a closer look at before we make a decision. Mr. Alanskas: Have you found that during all hours of the day, do you find that these big tractor trailers are parking in the parking lot by the AAA building? Mrs. Cross: Yes, they are. Mr. Alanskas: Thank you. Mr. McCann: Is there anybody else? Dean Vitale, 27630 Buckingham. These are my neighbors. This is my son, Tyler. I figured I'd give him a lesson in government. Mr. McCann: Hey Tyler. Tyler Vitale: Hi. Mr. Vitale: I loo am concerned about a gas station being there. He said a Sunoco. There's a Sunoco at Five and Inkster. There's a Sunoco that's on Beech and 96 there. You can go to Plymouth Road. There's three gas stations there. There's plenty of gas stations. The traffic there at that corner is just ridiculous. People coming out of that mall, constantly they go into the tum lane. I mean I live ... I've got to turn behind there. Buckingham runs behind there. And people are using that turn lane to pull out onto Inkster and it's real terrible. I can't see that having a gas station and restaurant there is going to improve that all. One of the suggestions, and I don't know if this is a great suggestion ... I wouldn't mind seeing like a video store go in there that would bring people from our neighborhood there, not just any, you know, whoever is coming off the freeway to get gas and cigarettes or whatever. 19621 Mr. McCann: Are you interested in that business? Mr. Vitale: I have other issues that I'm working on still. Anyways, I just wanted to voice my opinion that I really don't want to see a gas station there. The traffic is already horrendous. I would like to see it get cleaned up, but a gas station and another restaurant there just isn't going to do. Thank you. Mr. McCann: Seeing no one else wishing to speak, I'm going to close the public hearing. A motion is in order. Mr. LaPine: I'll make a motion that we table this until our next study session. Mr. McCann: How's the agenda looking? Mr. LaPine: I wont be here on the 27th. Mr. Taormina: I would advise against putting it on the September 24 meeting because we will probably have a full agenda that night. It would have to be either the next regular meeting or the one after the 20. Mr. McCann: The September 10 meeting? Mr. LaPine: I wont be here on the 271h or the 10"'. Mr. Piercecchi: Do it in October. When this gentlemen came before us, right on the onset of it, he stated that he would really like to have it tabled for awhile. Isn't that correct? Mr. EI Fassih: Yes. Mr. Piercecchi: Whalkind offime did you wanlillabled lo? Mr. El Fassih: To the next meeting. Whenever the next meeting is. Mr. Piercecchi: If I may, Mr. Chairman. We've had problems with this site before. You don't know what we went through just to get rid the facade upgraded in half of that mall. What we really want here is a comprehensive plan of this area. It seems like we just can't get it. I don't know exactly how much you own, but maybe you could get with the people that own the rest of that. We've got to have a comprehensive plan there. do anyway. Mr. McCann: What's that 20 meeting look like? Mr. Shane: Mr. Chairman, do you have a second yet? 19622 Mr. McCann: No. Mr. Shane: Then we can discuss it. Mr. McCann: What? Mr. Shane: I can make a statement then. Mr. McCann: yes. Mr. Shane: I don't have any problem with tabling, but I don't want this petitioner to go away with the idea that I'm totally in favor of what he's proposing. Mr. McCann: Right. Mr. Shane: I have some problems with a gas station and restaurant. I just don't want him to go away with a feeling that he's on the right track. Mr. McCann: Well, I think we all have issues. I have concerns about a restaurant and gas station together, but I'm not so sure that I don't think a gas station might help revitalize the mall with a couple new things. But there are issues. I want to hear from the neighbors and from him again. Mr. Pieroecchi: Has a date been established? Mr. McCann: I'm asking Mark - the 24"? Mr. Taormina: I don't see where we have a choice, so yes, September 24. Mr. McCann: September 24". We'll have the study meeting before then and you can gel with the staff. Mr. EI Fassih: I have a question. Regarding the restaurant, it's not going to be a full blown restaurant. We're talking about a Dunkin Donuts, for example, donuts, coffee and some sandwiches like Subway. That's all. It's not going to be like Ram's Horn or Big Boy. No. Mr. McCann: That's something we can discuss. We're going to have time. We have a long agenda yet to go tonight. 19623 On a motion by Mr. LaPine, seconded by Mr. Shane, and unanimously approved, it was #08-102-2002 RESOLVED, that the City Planning Commission does hereby recommend that Petition 2002-07-02-14 submitted by Mohamad EI Fassih requesting waiver use approval to construct a gas station and carryLout restaurant with drive -up window service on property located on the north side of Schoolcrett Road between Inkster Road and Cardwell Avenue in the Southeast %of Section 24, be tabled until the Regular Meeting of September24, 2002. Mr. McCann, Chairman, declared the motion is caned and the foregoing resolution adopted. This concludes the Public Hearing section of our agenda. We will now begin the Miscellaneous Site Plans section of our agenda. Members of the audience may speak in support or opposition to these items. Will the Secretary please read the next item? ITEM #7 PETITION 98 -12 -PL -01 MERRIMAN FOREST Mr. Piercecchi, Secretary, announced the next item on the agenda, Petition 98 -12 - PL -01, submitted by Merriman Forest LLC, on behalf of Merriman Forest Subdivision, requesting approval to revise the entrance marker previously approved for the subdivision located on the east side of Merriman Road between Seven Mile Road and Mayville Drive in the Northwest%of Section 11. Mr. Miller: This site is located on the east side of Merriman between Seven Mile Road and Mayville Drive. On April 19, 2000, this subdivision received final plat approval. An entrance marker was also approved on that dale. The dimensions of the entrance marker as shown on the approved plan are 3'9" in height by 54" in width. All four sides of the sign were to be constructed out of brick and include a concrete cap. The sign was to have brass lettering with the words "MERRIMAN FOREST' on each side. This item is back before the Planning Commission because the entrance marker that was constructed differs from the one specified in the approving resolution. The petitioner is requesting to retain the existing entrance marker. According to the petitioner, Victory Building Company, the subdivision was acquired from the original developer without the knowledge that an entrance marker had been previously approved. The City is holding bond money for the entrance marker until such time that either the sign is made to conform to Council Resolution #294-00 or the existing marker is 19624 approved by both the Planning Commission and City Council. The exisfing sign is constructed of wood and measures 13 square feet in area. The wood portion of the sign is mounted between two square brick pillars, each of which are five feet in height and lopped by a decorative ball cap. The sign contains the words "MERRIMAN FOREST' and is located on the south side of the entranceway of the subdivision, in the same general location as the original location of the approved sign. Mr. McCann: Is there any correspondence? Mr. Taormina: There are two items of correspondence. The first item is from the Engineering Division, dated August 13, 2002, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objection to the proposal at this time since sign style is not an engineering issue. It should be noted that the existing sign encroaches on a 15 - foot wide easement for sanitary sewer and public utilities by approximately 4.33 feet The sign is approximately 7.66 feet from the sanitary sewer. To correct this situation, the owner should request that a portion of the easement be vacated. We would favor this vacation with the stipulation that the City not be responsible for replacement if the sign had to be removed to do a sewer repair. We trust that this will provide you with the information requested." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Inspection Department, dated August 7, 2002, which reads as follows: "Pursuant to your request of August 6, 2002, the above -referenced petition has been reviewed. The landscaping berm directly south of this sign needs attention and repair. 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? Joe Rossi, 8130 Fox Lane, Plymouth, Michigan. Mr. McCann: Thank you. Do you want to tell us about this? Mr. Rossi: Yes. I made a very expensive mistake. It's a blatant mistake, actually. When I purchased this property from Mr. DeFlavis a couple years back, I saw this portion of the site plan and all I noticed was final design to be submitted prior to permit issuance. I didn't do that. I just put up a bigger, nicer sign assuming that wouldn't create a problem just not having experience in this particular aspect of building. So without ignorance being a valid excuse, that's my only excuse. I spent a lot more money on that sign than I probably would have had to based on what was 19625 approved initially. I'm just hoping that I can keep this one there because it looks a lot better, and I'd hate to have to tear down what I already have up. Mr. McCann: Do you want to address the easement issue? Mr. Rossi: I wasn't aware of the easement issue because I initially put a foundation in for that sign in the wrong spot, and Livonia brought it to my aflention that it was in the wrong spot. So I moved it where Livonia told me to move it. Mr. McCann: Oh, really? Mr. Rossi: Yes. Because there's another foundation covered up there with grass that I failed my prior inspection on. So they said to move it to this location, so I did. But if I have to propose something, I have no problem doing that. I don't know how it happened. But whatever it takes, I have no objection to doing that. Mr. McCann: All right. Mr. Alanskas? Mr. Alanskas: I just have one question. On your original one, you were going to have brick with brass letters. Now, of course, its a wooden fence. Who is going to maintain it when it gets dull? Mr. Rossi: According to all the bylaws and whatnot, it does meet all the requirements that it be made of natural materials and whatnot. Thalwould be something the Association would take care of. Mr. Alanskas: Thankyou. Mr. Rossi: You're welcome. Mr. McCann: Is there anybody in the audience that Wshes to speak for or against this petition? No objections. Mr. Taormina, how do we deal with the easement or that's just not an issue we need to deal with tonight? Mr. Taormina: Hopefully, the approving resolution that is provided to you this evening addresses that situation in Items 2 and 3. Mr. McCann: All right. l see that it does. Thank you. 19626 On a motion by Mr. Walsh, seconded by Mr. Pastor, and unanimously approved, it was #08-103-2002 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 98 -12 -PL -01 submitted by Merriman Forest, L.L.C., on behalf of Merriman Forest Subdivision, requesting approval to revise the entrance marker previously approved for the subdivision located on the east side of Merriman Road between Seven Mile Road and Mayville Drive in the Northwest % of Section 11, be approved subject to the following conditions: 1. That the Entrance Marker Plan date-stamped Received by the City of Livonia Planning Commission on July 22, 2002, as submitted by Victory Building Company, Inc., is hereby approved and shall be adhered to; 2. That all repairs and maintenance to the sign shall be the responsibility of the Developer and/or Subdivision Association; 3. The Developer and Subdivision Association shall hold the City of Livonia harmless for any damage to the sign that may occur as a result of work needed within the 15 R. private easement for public utilities and sanitary sewer, and that such agreement shall be documented to the satisfaction of the City Law Department; and 4. That the landscape berm directly south of this sign shall be repaired to the satisfaction of the Inspection Department. Mr. McCann: Is there any discussion? Mr. McCann: No problem. Mr. Pastor: I want to make a quick comment to Mr. Rossi. This is on another Mr. Pastor: If we could add just one item to fix the landscaping per the Inspection Department. Mr. McCann: No problem. Mr. Pastor: I want to make a quick comment to Mr. Rossi. This is on another issue. This is off of Seven Mile. I appreciate you guys taking care of some of the issues that some of the residents have brought up. I just want to thank you in public. Mr. Rossi: Which one on Seven Mile? Mr. Pastor: Fox Creek, I think. Mr. Rossi: Oh. You're very welcome. 19627 Mr. Pastor: If you can continue wonting with the residents over there, I much appreciate you doing that. I just want to make sure that everybody knows that you are working on it, and I appreciate that. Mr. Rossi: Thankyou, Mr. Pastor. Mr. LaPine: Mr. Chairman, I just have one question for Mark. We say in the third item, the developer and Subdivision will hold the City of Livonia harmless. The people living there now, they didn't know the sign was put in the wrong location so it's not in their bylaws. Now if anything happens to that sanitary sewer and the sign has to be replaced, do they have any recourse? They didn't know the sign was put in the wrong place. Mr. Taormina: That's why we're suggesting that this be reviewed and approved by the Law Department because he's probably going to have to transfer some of those responsibilities on to the Association when they lake control. I dont know if that's been done yet. Mr. LaPine: I didn't hear you say that. So the Law Department is going to look at this. Mr. Taormina: That's our suggestion. Mr. LaPine: That makes me happy. 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 #8 PETITION 2002-02-02-04 CHINESE GOSPEL CHURCH Mr. Pieroecohi, Secretary, announced the next item on the agenda, Petition 2002- 02-02-04, submitted by Brivar Construction Company, on behalf of the Chinese Gospel Church, requesting approval of a landscape plan in connection with an addition onto the existing church located at 35301 Five Mile Road in the Northwest''/.of Section 21. Mr. Miller: This site is located on the south side of Five Mile between Gary and Yale. On April 24, 2002, this site received waiver use approval to construct an addition to the existing church, inducing a new sanctuary with increased seating capacity. As part of that approval, it was conditioned that a fully detailed Landscape Plan, as well as a Lighting Plan, come back before the City. In accordance with this 19628 requirement, the petitioner has submitted a detailed landscape plan that includes the location, type, quantity, and size of all proposed plant material. As requested, the plan also shows the locaton of all proposed parking lot light poles. The plan has been reviewed and has been found to be in compliance with all applicable standards and requirements. Overall, the plan would provide a significant landscape treatment for the development and the surrounding neighborhood. A total at ten spruce trees and four red pines would be planted along the west side at the property where the parking lot abuts the single-family residential district. On the east side of the parking lot, the plan shows twelve red pines and four sugar maples. However, it does not induce any plantings along the perimeter of the storm water detention pond. The sides of the basin have been designed with a maximum slope of 1 on 6; thus, a fence is not required. However, the slope is gentle enough to allow for plantings. Additional plant material should be provided around the detention pond, especially in light of the fad that several exisfing trees will be removed as part of the grading necessary for construction oflhe basin. Mr. McCann: Is there any correspondence? Mr. Taormina: We have one item of correspondence from the Inspection Department, dated August 7, 2002, which reads as follows: "Pursuant to your request of August 6, 2002, the above -referenced petition has been reviewed. This Department has no objections 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? Joseph R. Hammond, Vice President, Brivar Construction Company, 7258 S. Kensington Road, Brighton, Michigan. I have no comments to offer other than I had correspondence and communication with Mark prior to your work study meeting and subsequent to that meeting. On Mark's recommendation, we have added another grouping of pines along the north and east side of the retention basin. Gentlemen, I don't know if you remember or not, but in the original site plan submission, we had another bank of parking right here, which we had eliminated on the request at the neighbors along this side of the site. One at the neighbors attended a meeting and asked if we could provide some screening. That's why these trees were done here. The neighbor to the north had requested some additional screening, so we bermed and we planted some real closely placed pines on the berth here. And lastly, in an effort to buffer some at the height to the building along this side, we planted 17 columnar arborvitaes. Theyll start out 10 feet high; I dont know what the ultimate height of them will be, but it was done closely 19629 spaced. They'll grow fight. We think we've met with your requirements with the site plan. Mr. McCann: Thankyou. Mr. Hammond: Oh, one thing, excuse me if I can. I did notice that when we indicated the height of the pole as 20 feel, I think I'm hearing comments all night tonight that the site lighting is a maximum of 20 feet above finished grade, so we will revise the pole height. Mr. McCann: Thankyou. Mr. Alanskas: The arborvitaes you're putting in at 10 feet in height. That's a good sized arborvitae to start outwith. But the trees on the west side, what is going to be the size of those that you're putting in? Mr. Hammond: The pines are all six to seven feet high. Mr. Alanskas: Two to four inches in circumference? Mr. Hammond: I couldn't tell you. Mr. Alanskas: Starting at seven feet, they're probably about three inches. Okay. Thank you. That's fine. Mr. McCann: Is there anybody in the audience that wishes to speak for or against this petition? I see we have a lot of members of the congregation out tonight. Thank you for coming. I think we lost a few because of the late hour. A motion is in order. On a motion by Mr. Shane, seconded by Mr. Pastor, and unanimously approved, it was #08-104-2002 RESOLVED, that the Planning Commission does hereby recommend to the City Council that Petition 2002-02-02-04, submitted by Brivar Construction Company, on behalf of the Chinese Gospel Church, requesting landscape approval in connection with an addition onto the existing church located at 35301 Five Mile Road in the Northwest % of Section 21, be approved subjecttothe following conditions: 1. That the Landscape Plan dated July 17, 2002, as revised, prepared by Albert Y.Y. Wu, AIA, Architect, is hereby approved and shall be adhered to; 2. That additional evergreen and deciduous trees shall be planted along the east and north sides of the storm water detention pond to replace the existing trees that are being 19630 removed; all new trees shall be of similar species and size to the plantings shown in the southeast comer of the property; 3. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 4. That underground sprinklers are to be provided for all landscaped and sodded areas, and all planted materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 5. That all light poles shall include full cutoff, shoe -box style fixtures limited to a height of 20 feet measured from the finish grade and inducing the concrete footing, and shall induce shields along the perimeter of the parking lot; 6. The owner and their successors shall maintain the storm water detention system, which is part of the development, including removal of debris, removal of silt on a maximum six (6) month interval, and replacement of any dead, dying or diseased vegetation; the owner shall be responsible for reimbursing the City of Livonia for any maintenance costs due to failure on the part of the owner to maintain the storm water detention facilities; and 7. That the specific plans referenced in this approving resolution shaving the required changes shall be submitted to the Inspection Department at the time the building permits are applied for. Mr. McCann, Chairman, declared the motion is caned and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #9 PETITION 2002-08-0847 BURGER KING Mr. Pieroecohi, Secretary, announced the next item on the agenda, Petition 2002- 08-08-17, submitted by Tania Salem, on behalf of Burger King, requesting approval of all plans required by Section 18.47 of the Zoning Ordinance in connection with a proposal to construct an addition to the restaurant located at 28203 Plymouth Road in the Northeast%of Section 36. Mr. Miller: This site is located on the south side of Plymouth between Inkster and Harrison. The petitioner is requesting approval to construct an 19631 addition and renovate the exterior of an existing Burger King restaurant, located between Chin's Chinese Restaurant and the Penalty Box Bar on the south side of Plymouth Road. The addition would be at the rear of the existing building and would measure 400 square feet in size. Its main purpose is to provide for a walk-in freezer and allow for changes to the interior layout of the restaurant without adding any customer seats. The kitchen would become slightly larger and an additional drive-thru window would be installed on the east side of the building. The floor plan also shows the restrooms would be reconfigured and made larger. The Elevation Plan shows that the three sides of the addition would be constructed out of painted brick to match the existing building. A note on the plan indicates that the addition would be painted a 'tinsmith" color. The plan also states that the existing building would be re -painted with the same 'tinsmith" color. The new dnve- thm window would be defined by red tile, similar to what surrounds the existing drive-thm window. As part of the renovation, the existing shingles on the building's mansard roof would be replaced by a standing seam metal system. A note on the plan indicates that the metal roofwould be painted "Burger King Blue." Mr. McCann: Is there any correspondence? Mr. Taormina: There are two items of correspondence. The first item is from the Inspection Department, dated August 7, 2002, which reads as follows: "Pursuant to your request of August 6, 2002, the above - referenced petition has been reviewed. The following is noted. (1) The site plan, TG -02730, dated July 15, 2002, had many conditions and notes that answered many issues that would have been noted as possible conditions of approval. As long as the plan follows these, there are no objections except as will be further noted. (2) There was no landscape plan provided. There are a number of dead shrubs on the east property line that need to be addressed. (3) There is a red parapet light detailed on the exterior that does not appear to be previously approved that would not be a permitted item. Further clarification is needed. 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 Plymouth Road Development Authority, dated August 19, 2002, which reads as follows: "Resolved, that the Plymouth Road Development Authority does hereby approve and support the request by Burger King to construct an addition to the restaurant located at 28203 Plymouth Road and that there shall be provided additional landscaping in the front yard to capture the theme of the streetscape elements as adopted by the P.R.D.A. such as screening by live plant material of the front yard parking and landscaping of the area between the rows of parking and that this proposal shall fully comply with all other applicable roles, 19632 regulations and ordinances of the City of Livonia." The letter is signed by John J. Nagy, P.R.D.A. Director. That is the extent of the correspondence. Mr. Pastor: Most of you do know that I do build for Burger King though I have no business on this job, so I will be voting on this issue because I'm not part of this Burger King restaurant. With that being said, I have a couple questions for Mrs. Salem. Is this a successor? Mrs. Salem: Yes, it is Mr. Pastor: Because with a successor, according to Burger King, just because I know it, you have that 2x8 band that goes around the building which isn't shown on here. The other thing, are you making the bathrooms ADA compliant? Mrs. Salem: I am. Mr. Pastor: Okay. So that's just not noted and it wasn't clear. I just wanted to make sure that was taken care of. The issue of the red band ... I guess this is a general question. It now has a red band. All Burger Kings have red bands, so I dont know what the question from Mr. Bishop would be on not allowing it. Mr. McCann: Internal lighting, whether it comes under the sign ordinance. Is that correct? Mr. Taormina: That is correct. I'm not sure what exists on that building today and whether or not it can just be maintained. Mr. Pastor: It's a lit red band. Mr. Taormina: IF that's the case, then maybe the Inspection Department will consider that unless there is a condition modifying that would allow it to remain. Otherwise, it has to be reviewed as part of the sign proposal. Any type of light band, whether its neon or sirrilar, is typically reviewed as part of our sign package. So if it doesn't comply with all other restrictions pertaining to signage, then it may require Zoning Board of Appeals approval. Mr. Pieroecchi: That band isn't going to be illuminated, is it? Mr. Taormina: I'm not sure. The plans indicate a light band on the roof. No real details were provided relative to that light band. We indicate in our resolution for you to consider this evening that any exposed neon not be permitted as part of the project. Mr. Pastor: The new lights aren't exposed, butthey are backlit. 19633 Mr. Pieroecchi: But we don't want that all lit up, do we? Mr. Pastor: Then again, I guess I'm answering for the peflfloner. Mr. McCann: Let's go back to the beginning. Are you the petitioner? Can you introduce yourself and give us your address? Tania Salem, Burger King, 20793 Farmington Road, Suite 5, Farmington Hills, Michigan 48336. I'm the franchisee of the restaurant. Mr. McCann: And your guest with you this evening? Ms. Salem: This is Mr. Paul Moretz, Venture Contracting and Development, L.L.C., 4893 Rochester Road, Suite E, Troy, Michigan 48098. Mr. McCann: Thank you. Now, Mr. Pieroecchi has requested the floor. Mr. Pieroecchi: If I recall, there's a row of evergreens between your properly and the adjacent property. And I understand that is not yours? Ms. Salem: That's correct. It is not. Mr. Pieroecchi: Is there any way that you can eliminate that? Half of them are dead if I remember right. Ms. Salem: The gentlemen that owns the bar ... you are talking about the bar next door? Mr. Pieroecchi: Yes, that's what I'm talking about. Ms. Salem: He just had those planted I think about maybe two seasons ago, and he had some type of an irigation system, that's an underground system that's obviously not working. He indicated that he was going to take them out, but he hasn't. They are on his property. Mr. Pieroecchi: I'm sure your site is going to be very neat and trim, and its a shame to have that on your eastern boundary. Ms. Salem: I know. Mr. Pieroecchi: Maybe you can take that over? Ask him. Ms. Salem: No. Mr. McCann: Mark, would those bushes be part of the Plymouth Road Development Authority? 19634 Mr. Taormina: No, they are not. In fad I think there was some work done on them very recently, possibly in the last couple of days. Some of them have been removed or replaced. Mr. Alanskas: During your busy time, which I'm presuming is at lunch time, do you ever have any problem with cars staclang up ... as far as stacking cars where they don't go out on Plymouth Road? Ms. Salem: Oh no. We don't. Our service is rather quick. I've never had them extend anywhere near Plymouth Road. Mr. Alanskas: All right. Thank you. Mr. La Pine: A question to Mark. Mr. Nagy talked about removing the parking spaces and adding landscaping per the recommendation of the PRDA. Will the PRDA put that landscaping in? Is that part of their responsibilities? Mr. Taormina: Let me clarify this. At our study meeting, because there is a surplus of parking on the site, we talked about the possibility of removing some of the parking spaces adjacent to the Plymouth Road right-of-way and converting those areas to landscaping. While, in fad, the PRDA has already improved about a five or six foot wide landscape area just back of the sidewalk. So that landscaping exists, at least to some degree. What we would offer as an alternative, and possibly something that can come back to the Planning Commission for a more detailed review as far as a landscape plan is concemed, is some improvement to the center area inducing the signage, and possibly along the rear wall of the property where it abuts the residential. The plan that was presented shows numerous trees along that wall when, in fad, there are none. Mr. LaPine: Thankyou. Mr. Pastor: Just a recap on the parking lot. You're going to be redoing the parking lot? Ms. Salem: I am. Mr. McCann: Is there an internally lit band presently on the building? Mr. Moritz Yes, there is. Mr. McCann: Currently. And that's part of the original site plan? Mr. Moritz Yes. 19635 Mr. McCann: Is there anybody in the audience that wishes to speak for or against this petition? The neighbors aren't here. Are there any other questions from the Commissioners or from the petitioner? A motion is in order. On a motion by Mr. Walsh, seconded by Mr. Pastor, and unanimously approved, it was #08-105-2002 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2002-08-08-17 submitted by Tania Salem, on behalf of Burger King, requesting approval of all plans required by Section 18.47 of the Zoning Ordinance in connection with a proposal to construct an addition to the restaurant located at 28203 Plymouth Road in the Northeast''/. of Section 36, be approved subject lolhe following conditions: 1. That the Proposed Site Plan marked Sheet C-1 dated July 15, 2002, prepared by Technical Group, Inc., is hereby approved and shall be adhered to; 2. That the Exterior Elevation Plan marked Sheet A-2 dated July 15, 2002, prepared by Technical Group, Inc, is hereby approved and shall be adhered to, except as modified below; 3. That the Floor Plan marked Sheet Al dated July 15, 2002, prepared by Technical Group, Inc, is hereby approved and shall be adhered to; 4. That a detailed landscape plan that adds landscaping to the front and rear of the properties and addresses the signage issues shall come back to the Planning Commission and City Council for review within 60 days following the action of the City Council on the site plan; 5. That no addifional customer seats are approved with this petition; 6. That the brick used in the construction of the building shall be full face, 4 -inch brick, no exceptions; 7. That the trash enclosure shall be enlarged as shown on the Proposed Site Plan with seven (7) foot high walls and gates which shall be maintained and when not in use closed at all times; 19636 8. That all exterior lightng equipment shall be shielded from view from the adjacent residents, and any new pole -mounted lighting shall not exceed a height of twenty (20) feet; 9. That all mechanical rooftop mounted equipment shall be totally screened from view; 10. That all parking spaces provided in connection with this restaurant shall have dimensions of 10' x 20' and shall be double striped; 11. That no exposed neon tubing shall be permitted anywhere on the exterior of the building; 12. That all new landscaped areas shall be irrigated; 13. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permit is applied for; 14. That a 2"x8" wood band, painted red, be added to the exterior of the building in accordance with Burger King's specifications; and 15. That the entire parking lot be repaired or resurfaced to the satisfaction of the Inspection Department. Mr. McCann: Is there any discussion? Mr. Pastor: If we could add to re -submit the landscaping plan for the front portion, what Mark was asking for. And, in addition, something that isn't on the plans, would be adding that 2"x8" wood band around the building, which is part of Burger King's specifications, and is painted red. Mr. McCann: That's fine. Mr. Pastor: I know thalshe had said it, but its notreally on here, is repairing of the parking lot. 19637 Mr. McCann, Chairman, declared the motion is canied and the foregoing resolution adopted. It will go on to City Council with an approving resolution. This concludes the Miscellaneous 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 only be limited discussion tonight. Audience participation will require unanimous consent tom the Commission. Will the Secretary please read the next item? ITEM #10 PETITION 2002-04-02-08 ROGVOY ARCHITECTS Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2002- 04-02-08, submitted by Rogvoy Architects, requesting waiver use approval to construct a Walgreens Pharmacy with drive-through service facilities on property located on the northeast comer of Plymouth and Middlebell Roads in the Southwest%of Section 25. On a motion by Mr. Pieroecchi, seconded by Mr. Alanskas, and unanimously approved, it was #08-106-2002 RESOLVED, that the City Planning Commission does hereby recommend that Petition 2002-04-02-08, submitted by Rogvoy Architects, requesting waiver use approval to construct a Walgreens Pharmacy with drive-through service facilities on property located on the Northeast comer of Plymouth and Middlebelt Roads in the Southwest %of Section 25, be removed from the table. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann: Is the petitioner here this evening? Mark Drane, Rogvoy Architects, 32500 Telegraph Road, Bingham Fauns, Michigan. Tonight I'm here to ask for an approving resolution to City Council for our Walgreens and integrated shopping center design. We've worked long and hard. We've been to a couple study sessions. We've worked with the property owner. We've worked with the Plymouth Road Development Authority and the Planning Commission staff. I think we've come up with a solution. We've added landscaping in the shopping center parking lot. We added plantings in the islands. We added irrigation and dumpster screens with metal gates. We're committed to make repairs to the walls and cleaning up the back of the shopping center and double stuping the parking lot. For the Walgreens, we've eliminated a monument sign. 19638 We have extended the PRDA walls across the frontage of the property. We changed the landscaping to match the PRDA landscape scheme. We've layered the building height, the main masting of the corner of building to give it a better scale to the intersection. With that, I know we still have to go to City Council and the Zoning Board of Appeals for a parking waiver, but I think we have a product here that's been thought out. I appreciate everybody's input, and I look forward to an approving resolution. Mr. McCann: Are there any questions from the Commissioners? Mr. Walsh: First, I'd like to commend the pettioner. I think you've gone through a great effort to make this work and we appreciate your cooperation. Mr. Drane, there is one item that came to my attention tonight from a citizen. He is not here. He had to leave. He had brought in some pictures of cars that, because of the spacing of the blocks.. This is not a big deal, I don't think. But where the parking blocks are near the wall on the east side of the property, I believe, trucks are backing into the wall and damaging it. What I would like you to do is, if you would, take a look at that. You're going to be putfing money into the wall to repair it. You might want to consider ... if somebody has the pictures still we could share them with ... Mr. McCann: The trucks are all the Salvaton Army trucks that are backed up there. Mr. Walsh: They have a very lengthy gate, so if you move the parking blocks forward a bit, you might alleviate that. I don't think it's a big deal but if you could look into that, I'd appreciate it. And just to confirm for that citzen, he did leave. I think he stayed as long as he could. If he's watching at home, I just want to reiterate that you are going to irrigate the planting areas. Mr. Drane: Yes. Mr. Walsh: We had agreed to that which I indicated to him. He also had some concern about long haul trucks parking in the parking lot. What I'm going to do with that is something that I don't think you need to do. I will confer with the Mayor or the Chief of Police and determine whether or not that's something we need to look into. I just wanted to let him know that we'll do that as well. Thank you. Mr. McCann: A moton is in order. 19639 On a motion by Mr. Shane, seconded by Mr. Pastor, and unanimously approved, it was #08-107-2002 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on May 7, 2002, on Petition 2002- 04-02-08, submitted by Rogvoy Architects, requesting waiver use approval to construct a Walgreens Pharmacy with drive-through service facilities on property located on the northeast comer of Plymouth and Middlebell Roads in the Southwest''/. of Sedan 25, the Planning Commission does hereby recommend to the City Council that Petition 2002-04-02-08 be approved subject to the following conditions: 1. That the Overall Site Plan marked Sheet SPA -1 prepared by Rogvoy Architects, dated August 13, 2002, is hereby approved and shall be adhered to; 2. That the Site Plan (Walgreens site) marked Sheet SPA -2 prepared by Rogvoy Architects, dated August 13, 2002, is hereby approved and shall be adhered to; 3. That the Landscape Plan (Walgreens site) marked Sheet SPA -4 prepared by Rogvoy Architects, dated August 8, 2002, is hereby approved and shall be adhered to; 4. That the Landscape Plan (Shopping Center site) marked SPA - 4.1 prepared by SSOE, Inc., dated August 9, 2002, is hereby approved and shall be adhered to; 5. That all plant materials shall be installed to the satisfaction of the Inspection Department and thereafter permanently maintained in a healthy condition; 6. That all sodded and landscaped areas shall be fully irrigated with underground sprinkler systems, including the shopping center site; 7. That the Building Elevations Plan marked Sheet SPA -5 prepared by Rogvoy Architects, dated May 2, 2002, is hereby approved and shall be adhered to; 8. That the brick used in the construction of the building shall be full face 4 -inch brick, no exceptions; 9. That all rooftop -mounted mechanical equipment shall be screened from view; 19640 10. That the trash compactor endosures shall be seven (T) feet in height and shall be constructed of brick as shown on the Building Elevations Plan (SPA -5) referenced above and shall have full steel gates; 11. That all dumpsters on the shopping center site shall be screened by means of masonry enclosures a minimum of seven (T) feet in height with full steel gates; 12. That the lighting equipment shall be shielded and shall not exceed 20 feel in height in accordance with the Lighting Plan marked Sheet SPA -7 prepared by Rogvoy Architects, dated April23, 2002; 13. That the two (2) "Walgreens' signs portrayed on the Building Elevations Plan (SPA -5) referenced above are approved with a total combined sign area not to exceed 130 square feel, subject to the Zoning Board of Appeals granting a variance for one (1) excess wall sign and any additional wall signage; 14. That this site shall not be permitted an additional ground sign; 15. That all parking spaces within the total overall site area shall be double striped; 16. That all handicapped parking spaces shall be individually signed as required; 17. 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; 18. That the petitioner shall seek variances from the Zoning Board of Appeals for parking deficiencies with respect to both be Walgreens site and the shopping center site; 19. That the bumper blocks adjacent to the PRDA landscaped area shall be removed and the curbing contained in this area; 20. That the prolective wall along the east property line of the shopping center site shall be capped and painted as specified on the shopping center landscape plan (SPA 4.1); and 21. That the rear exterior wall of the shopping center shall be repainted to match the building; 22. That the bumper blocks be moved further from the protective screen wall to prevent vehides from hitting and damaging the wall; 19641 for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 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 of the 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. Shane: I just wanted to say that in all the years that I've been with the City in one capacity or another, this is the first time that this shopping center ownership has come forward and cooperated with us and proposed some significant improvements. I'd like to compliment them for that. And I hope this is a chance to get better acquainted in the future with this site. Mr. Pastor: I'd like to echo those comments and hope that Walgreens will pony up and do what they also agreed to. But I wanted to possibly add Item 22, just move the bumper blocks away from the wall so that the trucks and cars don't hit it. If we can just put that in there. And on conditions 10 and 11, just make sure they are seven feet high dumpsters, just to make sure that they cover up one of the bigger dumpsters. That was the only other thing. I dont know if they are on the plan. I don't have my plans in front of me so that would be the only other things I would want to amend. I believe the Walgreens are rated seven fool high anyways. I just want to make sure that it's spelled out in there. Mr. LaPine: I'd just like to echo what everybody else has said. I'm real happy we finally got here. It look us a long time to gel it done. I know Mr. Sanderson is not going to be loo happy with spending his money, but I think its going to be an improvement of the shopping center. I think Walgreens is going to generale some business for that center. And I think in the long run we're all going to be happy and the City is going to be better served by it. Thank you. 19642 Mr. Alanskas: Just when you say it took a long time . we had one public hearing, three studies and four regular meetings. So it did take a long time but when you lake a long time, good things can happen. Thank you. Mr. McCann, Chairman, declared the motion is carred and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #11 PETITION 2001-01-08-09 ARDMORE DEVELOPMENT Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2001- 01-08-09, submitted by Ardmore Development, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a mixed condominium development on properly located at 19730 Farmington Road in the West Ybf Section 3. On a motion by Mr. Piercecchi, seconded by Mr. LaPine, and unanimously approved, it was #08-108-2002 RESOLVED, that the City Planning Commission does hereby recommend that Petition 2001-01-08-09, submitted by Ardmore Development, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a mixed condominium development on property located at 19730 Farmington Road in the West Mbf Section 3, be removed from the table. A roll call vole on the foregoing resolution resulted in the following: AYES: Alanskas, LaPine, Shane, Walsh, Piercecohi, McCann NAYES: None ABSTAIN: Pastor ABSENT: None Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Mr. McCann: Mr. Pastor? Mr. Pastor: I will be abstaining from voting on this issue like I have for the past five years. I've been the contractor that has been boarding and 19643 Mr. LaPine: Oh yes. Isee it now. Okay. Very good maintaining this place. So for the last five years I have not voted on this issue. So I will be stepping off. Mr. McCann: Is the petitioner here this evening? Mark Perkoski, Ardmore Development, L.L.C., 32000 Northwestern Highway, Suite 220, Farmington Hills, Michigan 48334. I'm here with Steve Schafer. In response to the Iasi couple sessions and comments from the various departments, we revised our site plan. They're relatively minor changes. I'd like to submit those today. There are eight copies, and I have the rest of them still rolled up. I can walk you though real quickly with the changes. Mr. McCann: Would you please do that. Can we try and gel them on a board so the audience at home can gel an idea of the changes? Mr. Perkoski: I'll go from memory if you dont mind, and I'll walk you through the changes that did take place pursuant to that work session. Starting at the entrance, we added the acceleration lane. I think that was from a report from the Traffic Safety Department. Pulling into the intersection, we've also added the sign requirements - the 'yield" and "slop" signs, also the "keep right' signs at the islands. As we go around the site, Building 12 was actually shifted. One of the comments was trying to create more separation between Building 2 and Building 12. We've now increased that by five feet and that was accomplished by condensing some of the setbacks in between Buildings 8 through 11. Continuing around the site, there was a discrepancy between our site plan and the landscaping plan. The orientation of Building 11 was incorrect so that's been corrected on the site plan. As we mentioned before, the buildings were shifted slightly along this orientation just to accomplish the greater setback here. We've also moved Buildings 13 and 14 down approximately 20 to 25 feel farther south. That was a recommendation to create more of a buffer up in the lop corner. I think we're almost 50 feet of a side yard setback row between the north property line and the edge of that building. Coming back around the site, nothing much has happened on the single family side other than we've added a sidewalk on both sides of the street, and throughout the entire development we added street lights. Mr. La Pine: I also noticed that you added some visitors parking between Buildings 2 and 3. Mr. Perkoski: Correct. Oh, yes. Thank you very much. Yes, we did. We added two bays between Buildings 2 and 3, and also we've added similar visitors parking between Buildings 7 and 8. Mr. LaPine: Oh yes. Isee it now. Okay. Very good 19644 Mr. McCann: And the 30 feet setback on Farmington Road? Mr. Perkoski: Correct. Yes, we created an additional setback there. It wasn't labeled as such, but it was intended to be a landscape easement, so there's an increased setback there. I believe that was it for the site plan. For the landscape plan, the revisions included showing the trees, to the extent that we could save them, in the comer between Buildings 14 and 15 even though theyre shifted farther south. We tried to save as much as possible. The only note Ithink I have to add is that when we do our storm design, we have to bring storm sewer around from WOodlore through our site and then outletting to the Tarabusi Creek, so that would be the only impact that we can anticipate now. We've also added some deciduous trees in between Buildings 4 through 7 and 8 through 9. Mr. La Pine: Has anything changed on the detention basin? Is everything about the same. Mr. Perkoski: Correct. We left it the same. And as Steve has said before, we'll submit this to the appropriate governing bodies. If there's any questions or comments regarding that, we can certainly compensate the storage there with underground storage on the site. Mr. Alanskas: I know last night you received a six-month extension on the George Bums site. If you get these approvals from us and the Council, which will you be doing first -Ardmore or the George Bums site? Steve Schafer: I think you'll see activity happening at the George Burns site sooner, but they probably will be both started simultaneously. Mr. Alanskas: When you do think you'll be starting? After you gel your approvals on this project as far as the building coming down? Mr. Schafer: We'll get the approvals from the City, then the trustees have to lake this through the court to get the title issues straightened out. As soon as those are straightened out ... actually the amount of time it will take to do that . . . simultaneously we will apply for our permits. So when they have all their title issues resolved, we'll be starting this project. Also, I just wanted to let you know there were a couple ladies here tonight; they kind of got worn out. But I did have the opportunity to speak with them and address some of their concems. They still would like to see single family go in there but I think they understand that we've come a long way, and we're going to be having some additional discussions with them between now and the time of our Council meeting just to make sure that .. . [inaudible]. 19645 Mr. McCann: Thank you. A mofion is in order. On a mofion by Mr. La Pine, seconded by Mr. Piercecchi, and unanimously approved, it was #08-109-2002 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2001-01-08-09, submitted by Ardmore Development, requesting approval of all plans required by Section 18.58 of the Zoning Ordinance in connection with a proposal to construct a mixed condominium development on properly located at 19730 Farmington Road in the West % of Section 3, be approved subject to the following conditions: 1. That the Preliminary Site Plan, marked Job No. 200058 as prepared by Boss Engineering, dated August 20, 2002, is hereby approved and shall be adhered to; 2. That the two (2) Concept Building Elevabon Plans, marked Sheets A3 and A4, prepared by Progressive Associates, Inc. Architects, dated March 11, 2002 (A3) and July 8, 2002 (A4), are hereby approved and shall be adhered to, except for the fad that the chimneys shall be constructed using full face, 4 - inch brick, no exceptions; 3. That the final unit designs shall be substantially similar with the Schematic Floor Plans, marked Sheets Al and A2, as prepared by Progressive Associates, Inc. Architects, with a revision date of January 22, 2002, provided that all units be built with the master bedroom located on the first floor or the main living area; 4. That the first story of each condominium unit shall be brick, on all four sides, and the amount of brick on the first story shall not be less than 80% and the combined amount of brick on the first and second stories shall not be less than 65%; 5. That all brick used in the construction of the homes and buiklings shall be full face 4 -inch brick, no exceptions; 6. That detailed plans for landscaping and identification signage, as well as the Master Deeds for both the detached and attached condominium developments, shall be submitted to the Planning Commission and City Council for their review and approval; 19646 7. The Petitioner shall obtain the necessary permits from both Wayne County and the Michigan Department of Environmental Quality for construction of the storm water management system, and that any changes to the design of this system which substantially modifies the layout of the project shall come back to the Planning Commission and City Council for their review and approval; 8. That the Petitioner obtain variances from the Zoning Board of Appeals for any deficiencies in yard setbacks and/or lot depth requirements; 9. That all electrical/gas meters for the attached condominium buildings shall be installed on the side or rear of the buildings and shall be shielded with the landscaping; and 10. That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for. Mr. McCann: Is there any discussion? Mr. Piercecchi: I'd like to make a comment here. I'm happy to see that the new plans cover all but one. In the original motion made by Mr. LaPine, he refers to the chimneys on A3 and A4. Those are the condos, right? I'd like to add that the R3 units also have all brick chimneys because I think that really adds a lot to the bulding. No problem with that? Is that all right with you, Mr. LaPine? Mr. LaPine: No problem. I thought there were not going to be brick chimneys on the condos because they're going to come out from the side. A roll call vole on the foregoing resolution resulted in the following: AYES: Alanskas, LaPine, Shane, Walsh, Pieroecchi, McCann NAYES: None ABSTAIN: Pastor ABSENT: None Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. 19647 On a motion duly made, seconded and unanimously adopted, the 849" Public Hearings and Regular Meeting held on August 20, 2002, was adjourned at 1145 p.m. ATTEST: James C. McCann, Chairman CITY PLANNING COMMISSION Dan Piercecchi, Secretary