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HomeMy WebLinkAboutPLANNING MINUTES 2002-09-2419672 MINUTES OF THE 851'' PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, September 24, 2002, the City Planning Commission of the City of Livonia held its 851s' 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 recommendafion 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 delerminafion 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 pefifions 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 ofthe proceedings tonight. ITEM #1 PETITION 2002-07-0244 MOHAMAD EI FASSIH Mr. Piercecchi, Secretary, announced the first item on the agenda, Petition 2002-07- 02-14, submitted by Mohamad EI Fassih requesting waiver use approval to construct a gas station and carryout 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. 19673 Mr. McCann: We have a letter dated September 20, 2002, from Elite Design and Development regarding the proposed gas station, which reads as follows: "Elite Design & Development is requesting from the members of the Planning Commission to table the public hearing of September 24 to October 8, so we can complete our work according to the City requirements. If you have any questions please call." The letter is signed by Mohamad EI Fassih, President, Elite Design & Development. Is there anybody in the audience that wishes to speak for or against this petition? Mr. Pieroecchi: Mr. Chairman, I think the tabling motion does not have to be brought up to the table. Just change the date of it. Mr. McCann: I think we changed it to a date certain the last time. Let's hear from the audience. Beverly Cross, 27407 Buckingham. Mr. Salem, the one that is going to build the station, came over and he talked with me for quite a while. He showed me the landscaping. We went out in the parking lot. He showed me that. I'm quite thrilled about the landscaping. I'm not 100 percent thrilled about the gas station, but I also know I'm not going to be able to stop it. He did mention maybe where I have a fence in the back, confinuing the wall, because there is a wall there, but its not the length of the fence to the sidewalk. And I've been thinking about that, and I think I would prefer that because I get a lot of trash from that parking lot over my fence, and that would stop a lot of that. If everything is done like he said it would be done, then I'm sure it would look nice. But like I've said, I'm not 100 percent happy about a gas stafion going in there, although the landscaping is a big improvement. I've been going around like on Plymouth Road when it enters into Livonia, that is beautiful; all down Plymouth Road is beautiful. I've been going down other sections. They are all nice and neat. Schoolcmft looks terrible. Its disgusting. For all the entrances into Livonia, that one stands out like a sore thumb. It's terrible. Even along the guardrail around the expressway, there are all kinds of weed growing through cement. It's a mess. So something really has to be done with that comer. That's all I have to say. Mr. McCann: All right. Mr. LaPine: Are you the properly owner directly behind on the north side? Ms. Cross: Directly behind, north of it, the first house. Mr. La Pine: Behind the AAA building? 19674 Ms. Cross: Right. Right on the corner. Mr. LaPine: We have to agree to some extent. Something has to be done in that area. We don't know if this is the right thing, but at least this is the first proposal that we've had. Ms. Cross: I guess most people want it. I think I'm one that said no. There might have been one other person that I don't know. But I know everybody else that lives further down the block, they wouldn't really be affected by R. So its going to be October 8? Mr. McCann: Well, as Mr. Piercecchi said, there's a motion to leave it on the table until October 8. That would be fine. Is there anybody else who had any comments? I don't know if you can be back on October 8, but I wanted to give you an opportunity to speak since you came tonight. I don't see anyone else wishing to speak. Mr. Pastor: I'll make a motion totable this until October 8, 2002. Mr. McCann: If there is no objection, we will leave this on the table until October 8,2002. ITEM #2 PETITION 2002-07-0141 TIME WARNER Mr. Piercecchi, Secretary, announced the next item on the agenda, Petition 2002- 07-01-11, submitted by John Camey, on behalf of Time Warner Entertainment/Advance/Newhouse L.P., requesting to rezone property located on the west side of Farmington Road between Five Mile Road and Lyndon in the Northeast''/.of Section 21 from R-2 to OS. Mr. McCann: It just so happens that my cousin, Bob McCann, is the General Supervisor and District Head for Michigan for Time Warner, so I am going to step down and turn the gavel over to Mr. LaPine, Vice Chairman. Mr. LaPine: Thankyou, Mr. Chairman. Mr. Taormina presented a map showing the property under pefifion plus the existing zoning of the surrounding area. Mr. LaPine: Mark, could you point out the lot that was in for rezoning to OS that we denied? Which parcel was that where the photographic studio was going logo in? 19675 Mr. Taormina: The case that you're talking about involved a request to rezone the two parcels that lie immediately north of this lot. Those two are owned in common. I believe it was two years ago that there was a request to rezone both parcels from R2, One Family Residential, which is the current zoning dassificafion, to C-1. Mr. La Pine: So that was Lot 4a and Lot 5a? Mr. Taormina: I don't have those legal descriptions in front of me, but it would be these two properties. Mr. LaPine: Thank you. Mr. Nowak, is there any correspondence? Mr. Nowak: There is one item of correspondence from the Engineering Division, Mr. Camey: dated August 23, 2002, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed the above - Mr. Pieroecchi: referenced petition. We have no objection to the legal description contained therein. There are no additional rightof--way dedications required. The site will be subject to the Wayne County Storm Water Management Ordinance when development occurs. We trust that this will provide you with the information requested." The letter is signed by Robert J. Schron, P.E., City Engineer. That is the extent ofthe correspondence. Mr. LaPine: Is the petitioner here this evening? John Camey, John R. Camey, P.C., 13407 Farmington Road, Livonia, Michigan 48150. 1 am representing Time Warner. The General Manager, Mr. McCann, is here. We're basically doing the same thing they did in 1995. We bought a lot. We want to rezone it basically for parking but we don't have a site plan yet because the General Manager needs to get approval before he adds to the building. We anticipate adding 4,000 square feet to the building. Basically this lot would be used as parking. Mr. Pieroecchi: So I understand you want the subject property for future land development? Its not for expansion? Mr. Camey: Since we started this, the expansion would be done to the existing building, and this would basically be used as a parking lot. Mr. Pieroecchi: I'm sure that yodre aware that the Planning Commission and others studied this area. In fact, we conducted a public hearing and the Commission adopted a resolution on February 13, 2001, to amend the Future Land Use Plan "by changing the designation of the land area consisting of the westerly undeveloped portions of the two most northerly parcels comprising the Time Warner site (zoned 19676 P) and all the next five consecutive parcels to the north (zoned R-2) from Office to Medium Density Residential." Mr. Camey: I understand that. Mr. Pieroecchi: We just went through that. Mr. Camey: Well, we were not party to that. I dont know the reasoning behind that change of classification to the zoning map. Mr. Pieroecchi: Do you think there ever comes a time when Time Warner may get too large for this area and should be looking elsewhere for another piece of property? We cant just keep going all the way up to the cemetery. Is that your intention? Mr. Camey: No, it is not our intention, nor it is meant to be. I read the file in 1998 or 1999 when he wanted to make a G7 out of it. I couldn't see C-1 there in any event. This use that we're asking for is consistent with the use that's already there. Mr. Alanskas: I have a question for you. You've only got 66 feel in width on Farmington Road and you have 585 feel in depth, but you say you want to add onto the building. Mr. Camey: If you add a site plan and building, I dont know what planning adds here. Maybe Mr. McCann can explain it. But basically the building is L-shaped and the addition is going to go on the property that we've already purchased. Mr. Alanskas: The question I have is, if you want it for parking only, why wouldn't it be zoned P for Parking and not OS for Office Services? Mr. Camey: I can't say that it's going to be for parking only. We're trying to keep our options open. The front part that would be parking, we have no objection to that. It's just that we have to keep some options open. Mr. Alanskas: Like Mr. Pieroecchi said, are there any thoughts in the future for you if this zoning goes through, to get more property going north? Mr. Camey: I think this will do them. Mr. Alanskas: Can you guarantee us that? Mr. Camey: I can't guarantee you anything. I can't guarantee that we're going to be here tomorrow, but there are no plans in any event to further expand this facility. 19677 Mr. Alanskas: We hate to keep losing the residenlial and turn it over to office services. This is the only concem that I have. Is this a start of possibly more land going north that you want to eat up and use for OS instead of residential? Mr. Camey: With the depth of the lot and the way this property is configured, I think it would be very difficult to have residential there. We have a use for our own property, which is what we're trying to do. I've tried to contact the owners of the other lots. They were suppose to come with us to make a proposal, but they didn't seem to want to do it. I didn't press the matter. Mr. Alanskas: The land where Time Warner is now, is that owned by Time Warner? Mr. Camey: Yes. Mr. Shane: Mr. Taormina, I believe the petitioner has stated that they were going to add plus or minus 4,000 square feet to the building. How many parking spaces would that require? Mr. Taormina: Just the addition itself, is that correct? Mr.Shane: Yes. Mr. Taormina: Sixteen additional parking spaces would be required for just the addition of 4,000 square feet if, in fact, there is no surplus parking available on the site as it exists today. Mr. Shane: That was going to be my next question. Is the site which you're operating under now, is that entirely taken up with building and parking oris there some additional portion of land left on that? Mr. Camey: I think basically it's taken up by building and parking. Mr. Shane: Well, ifyou only need another 16 parking spaces, I justwonder... Mr. Camey: If we do the building the way it's contemplated, we'll lose three. Mr. Shane: I was just wondering if the lot now is entirely taken up. If there is no breathing room for additional parking spaces so you wouldn't have to go into that additional lot you're asking for. Mr. Camey: I'm sorry, Mr. Shane, I couldn't hear you. Mr. Shane: My question was, and I'm not sure you know the answer, is there any space lett over on your existing lot to accommodate approximately 16 more spaces with a little rearranging? 19678 Mr. Camey: I don't think so. Mr. Shane: It might be worth exploring as opposed to adding another whole lot You can get a whole lot more than 16 parking spaces on that lot you're proposing to rezone. Mr. Camey: If you've seen the site, I think there's a three and half fool drop from the site to the parking lot and that's going to have to be accommodated somehow. We're willing to put a bene in that area so that lot entirely wont be used just for parking, including water retention. The water has to gosomeplace. Mr. Shane: I understand that. The question I'm asking here is ... the reason why I would have loved to have seen at least a schematic site plan of some sort so I knew what you had in mind ... for you to do a little bit more workto see if it couldn't be accommodated already. Mr. Camey: I'll give you the schematic as soon as I get it. That's all I can promise you there. Mr.Shane: Okay. Thank you. Mr. LaPine: Are there anyquestionsfromthe Commissioners? Mr. Pastor: Mr. Carney, normally when we get the rezoning for a piece of property, we usually get a site plan so we kind of have a feel for what's going on with that thing. Its kind of hard for me to be able to say, "Yeah go ahead and do this" Does this make sense and all that good stuff without being able to see exactly what you're doing. Mr. Camey: I understand that. Mr. Pastor: So that's what I would be looking for. I dont know if it would make sense to just table this to see if you can come up with a site plan. or depending on what you're looking for. Do you need an answer tonight? Mr. Camey: No, I dont need an answer tonight. Mr. Pastor: As one Planning Commissioner, I would want to see the addition, to see where the landscaping is going to be needed, and see how its going to affect the neighbors. Mr. Camey: I knew for awhile that we couldn't be prepared tonight with a schematic, but I thought we could gel the public hearing out of the way to see if any of the neighbors had any objection. 19679 Mr. Alanskas: Usually on a rezoning, you dont have a site plan. The question is, is it proper to go from R2 to OS? That's the question this evening. If I had a site plan or not, I think that's irrelevant. Thank you. Mr. Shane: A comment to Mr. Alanskas. I don't care if we have a site plan. I would like them to look at their own site and see whether or not they can accommodate this addition with the land they already have. Mr. Camey: We've already purchased this property. Mr. Shane: But that doesn't accommodate me to rezone it. Mr. Camey: I understand that. I didn't know if you were under the impression or not. Mr. Shane: No. I don't care whether you bought it or not from a zoning standpoint. I would just like you to go to the drawing board and see if there is an alternative. That's what I'm suggesting rather than using that site. Mr. Camey: Mr. McCann will address that. Bob McCann, Vice President and General Manager of Time Warner Cable. To answer your question as best I can, parking in our lot is a premium right now. It is employee parking and customer parking. There is some available space in the back of our lot but that is the green space we keep between ourselves and Silver Village. I think when we originally purchased that property, we made an commitment to keep that green space there. So this offers the only opportunity for us to expand our building, to put an addition onto our building and then have adequate parking for our employees and our customers. Mr. Alanskas: How many square feet do you have at your present location? Mr. McCann: About 17,000 square feet. Mr. Alanskas: Have you considered the thought of going up instead of going north on the present building, just raising it higher and putting on your 4,000 or more square feel? Mr. McCann: It's simply cost prohibitive to do that. Our initial projections are $125 per square foot for the addition to begin with. Its more than $200 to go north. To go north meaning to go up. Mr. Alanskas: All you have is a roof. Why is it more costly? Mr. McCann: I'm not the architect, sir. That's what they're telling me. IFIHBf Mr. LaPine: How long has Time Warner owned that parcel that you're asking to be rezoned tonight? Mr. McCann: We purchased that property just under a year ago. Mr. LaPine: Have you talked to the two neighbors on Lots 4a and 5a to purchase those two lots? Mr. McCann: He called me about three or four weeks ago and asked if we would be interested. I asked him what his price was just out of curiosity and I laughed at him. We really have no interest in going beyond the property that we're looking at now. Mr. LaPine: Is there anybody in the audience that wishes to speak for or against this petition? Diane Smith: I represent the property at 14821 Farmington Road. That would be three lots north of the proposed rezoning. I guess my question would be, the two lots next door ... the vacant house and the vacant lot ... do have a sign out proposed office space" You know, theyre for sell. Future office space. And I guess my concern was did Time Warner plan on purchasing these or have they been sold? I was told they were sold and a Social Security building was going up there. Those are owned by Mr. Lee. Mr. LaPine: Unless Mr. Taormina has some information, those lots are still zoned R2. They have to be rezoned to OS to put an office there. Al this point, to the best of my knowledge, we haven't heard anything. Is that right, Mark? Mr. Taormina: That is correct. There has not been any change to the zoning of those properties. If I could just ask Mrs. Smith, you said you represented an interest in property that is three parcels to the north? Mrs. Smith: Yes. Mr. LaPine: Is that Lot 6a, m'am? Do you know? Mrs. Smith: Yes. I wondered because the sign has been up for quite a while on the other two lots. The one that was petitioned to have the photographer studio, it does say future office space. Mr. LaPine: Well, we denied the photographic studio. The City Council denied it. So to the best of my knowledge, nothing has happened since. 19681 Mrs. Smith: Okay. Because the driveway going back to the nursing home is also OS and that would put my property and one other house right in the middle if theywere all office space atthis point. Mr. La Pine: Okay. We thank you for your comments. Mr. Pastor: I'm sorry. I might have missed it. Ma'am, were you for or against this? I wasn't totally sure what you had said. Mrs. Smith: I guess I would not be against it. You know, like I say, it would depend on the lots also directly south of my property. That would be Time Warner moving all the way up. Mr. Pastor: Time Warner is only doing the first lot next to them. The other two lots are not part of it. Mrs. Smith: Right. Well, the man said he had spoken to the owner three weeks ago, and I didn't know if they were planning a purchase on that. Mr. Pastor: Right. He had said that he had talked to him and he said he was not going to buy the property, at least at this time. So if the matter at hand is the one piece of property, would you be for or against it if it is that one piece? Mrs. Smith: Well, at this point, you know, it would be nice to see the site plan, but most likely I would not be against it. Mr. Pastor: Thankyou. Mr. La Pine: Ma'am, I just want to tell you one thing. If this parcel is rezoned OS and the other two parcels, the people who own those two parcels, it's one or two people, have made some ... came to Time Warner and said we're willing to sell at our price, but they don't want to pay their price. The odds are, and this may never happen, but the odds are, if this goes to OS, somebody else may want to pay that price for those parcels. They'd have to come in an ask for rezoning, and once this is rezoned, as far as I can see, how can you deny those two people for the same zoning? So eventually, OS is going to creep right up on top of you. Mrs. Smith: Well, I guess that would be my concern, depending on the plan for the entire area. Mr. La Pine: Right. Okay. Thank you. Mr. Camey, did you want to add something? Mr. Camey: I got a call from Shaw Electric. Some of their people were going to put together a plan to develop this property. That was almost a tear 19682 ago after we purchased the property. I haven't heard from them since. I called them and got no answer. We certainly have not expressed an interest in that other property. They did. I thought we would come in together if they wanted to develop it, but I haven't heard from them. Mr. La Pine: Okay. Thank you. Is there anyone else in the audience? Any more questions from the Commissioners? Mr. Alanskas: My thought is that we want to make sure that you don't expand further north. And the fact that you have parking as a premium, I would think that if we zoned that to P for parking only and not OS, it would solve a lot of problems. If that is what your intentions are. You said it was for parking. Mr. McCann: Our original intention, sir, was to put another building on the property and use the rest of it for parking. Our further conversations with the architects that we have working on this plan, although ifs a little bit more costly to put an addition on the building, it will probably serve our purposes better in the long run to put an addition on the building and simply use that lot for parking. As Mr. Camey refened to earlier, the additional funds for that ... I don't write the checks; I just run the business. And I need to get approvals for the additional funds, so we're trying to leave that option open. It is my intention and my hope that we will just put an addition on the building and simply use the adjacent lot for parking. Mr. Alanskas: So if that was zoned P for parking, that wouldn't be a problem any more? Mr. McCann: No, I don't believe it would be a problem. Mr. Walsh: Mr. McCann, I know we dont have a schematic, but can you tell us whatyou intend to use the additional space for? Mr. McCann: To expand our call center inside the office. Its difficult to explain having not been in the office or without a drawing, I understand that, but primarily to expand our call center and a large lunchroom and to move some office space and conference room, and some other interior changes. Mr. LaPine: A motion is in order, gentlemen. Mr. Walsh: I want to confirm again. Mr. McCann, you're okay if its Parking as opposed to OS. Mr. McCann: I don't have an issue with that, Mr. Walsh. 19683 Mr. Walsh: I'll offer a resolution for Parking for this parcel. If I do that, Mark, we have a prepared approving resolution. Can I just substitute Parking for OS under Item 3? Mr. Taormina: For the most part, I think the conditions could, in fad, be used for that. Before making the motion, if I might make a suggestion. Mr. La Pine: Wouldn't we be better off denying this petition and then making a recommendation to the Council that in our judgment the best zoning forthis parcel, because they only need itfor parking, is P? Mr. Taormina: Well, we have done that in two recent cases and, in fad, the Council has acted upon those recommendations favorable to the Planning Commission's action. It really doesn't matter. I would just make the suggestion that, at least for discussion purposes at this point, if it's possible, to just consider rezoning the easterly half of the property in question to be consistent with the pattern of zoning that has been established for the two southerly parcels, which are zoned OS. Actually, the parking district could extend all tie way to the western limits, but I'm not sure if it was indicated this evening whether or not development all the way to the west property line is anticipated as part of this next expansion project for Time Warner. Mr. La Pine: Which way do you think is the best? Mr. Taormina: I would suggest if all that's needed to accommodate their expansion plans is parking, then we should consider rezoning the easterly half of the property to the parking designation and retain the R2 one family residential zoning classifcaton along the west half of the property. Mr. Piercecchi: In other words, on Farmington Road it would stay R2? Is that what you're saying? Mr. Taormina: No. The Farmington Road frontage would ... the easterly half of the parcel would be the area considered for the rezoning to P. Mr. Piercecchi: That's a long lot. Mr. Taormina: If I can just descibe the zoning pattern that exists out here. The OS classification exists on the property where the building is located, which is right at the northwest corner of Lyndon and Farmington Roads. To the north of that, you have two parcels that extend for a depth of about 600 feet. The easterly half of those parcels are zoned OS, while the westerly half of those properties are zoned P, Parking. We're looking at the next parcel to the north of that and considering whether or not to rezone it in its entirety to either OS or P. What I'm suggesting is that maybe we only look at a change of zoning dassificaton affecting the easterly half of that property. f Mr. Pieroecchi: Mr. Chairman, I think that there is too much confusion here, at least for me. Without a site plan, I don't think we're getting what's best with parking, etc., and other angles on this thing. So, with your permission I'd like to offer a motion to table this thing. Mr. La Pine: You have to wait a minute, Mr. Pieroecchi. Mr. Walsh has made a motion. It never was seconded. I'm waiting for Mr. Walsh. Mr. Pieroecchi: What was the motion? didn't record il. Mr. Walsh: I was seeking clarification. I was going to make a motion for rezoning to Parking. However, I find what Mr. Taormina has said compelling. I'd like the opportunity to make sure that the petitioner is in agreement, but I'm not certain procedurally if I'm able to do thatnow. Mr. La Pine: Let's firslgel a second. Mr.Shane: I'll second it. Mr. LaPine: Seconded by Mr. Shane. Mr. Walsh: Mr. McCann, when I had offered for purposes of discussion, we have now on the table a rezoning of this parcel for Parking. Mr. McCann: Correct. Mr. Walsh: What Mr. Taormina has suggested is that the easterly half of that property be rezoned to OS consistent with the other two P parcels, and that the rear be Parking. So if you look at the map as it stands. .. do you have a map handy? Mark, I think the argument you made is a good one. I just want to make sure I'm explaining it correctly. You want to keep the front OS, consistent with the prior rezonings, and the rear, the westerly portion of that property, as Parking. Mr. Taormina: Actually, it would be Parking for the easterly half and maintain the residential on the west half. Mr. Walsh: I did misunderstand. Mr. Pastor: That doesn't get the Parking. Mr. Taormina: It provides for all the land area, including the 66 feet, for a distance of about 300 feet back to accommodate an expanded parking lot on the property. Mr. Pastor: Yes, but I believe what he said is that the back half of that property, 50 feet or so, is used as a buffer for Silver Village, so he's not going to have 300 feet. So I think what he's asking is that it all be P, which I think he's saying is okay because he's gang to need that because he's going to be creating a big buffer in the back half of it. Mr. McCann: If I can just cul to the chase. The new parcel, if it's zoned for Parking, is fine. We're not talking about any part of anything that we already own prior to the addition of this - anything that we currently use. Mr. LaPine: Do you understand exactly what were talking about here? If you come here and look at this map, I'll try to give you an idea. Right now you have Panting. This is OS. He's proposing that this all become P and we'll make this OS. So we'll have P and OS. Mr. McCann: This could be used for Office Services and for Parking? Mr. LaPine: Yes, I guess it could. If you wanted to build a building there, you could put the parking for that building behind here. That's what he is proposing now. What you're saying, you want P for the whole thing? Mr. McCann: I thoughtthat was what you were saying. Mr. Alanskas: If you can go along with that, it would be a lot easier. Mr. McCann: I can go along with that. Mr. LaPine: Do you understand what we're proposing? Right now, there's P, P and this would be OS. Mark is saying we'll make this P, P, P and this will stay OS, OS, OS. Mr. Walsh: No, that wasn't what Mark has suggested. Mr. Alanskas: We can change to make zoning from R-2 to OS and R-2 to P for the whole parcel. Correct? Mr. LaPine: Okay, I misunderstood. There's a motion on the floor. It has been seconded. Mr. Pieroecchi: Who supported it? Mr. LaPine: It was supported by Mr. Shane, made by Mr. Walsh. You'll get the right verbiage in there, right Mark? Any discussion? ff rW.r On a motion by Mr. Walsh, seconded by Mr. Shane, and unanimously approved, it was #09-116-2002 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on September 24, 2002, on Petition 2002-07-01-11, submitted by John Carney, on behalf of Time Warner Entertainment/Advance/Newhouse L.P., requesting to rezone properly located on the west side of Farmington Road between Five Mile Road and Lyndon in the Northeast''/.of Section 21 from R-2 to OS, the Planning Commission does hereby recommend to the City Council that Petition 2002-07-01-11, be approved, as amended, so as to rezone this properly to P (Parking) for the following reasons: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding zoning and land uses in the area; 2. That the proposed change of zoning represents a minor extension of nonresidential zoning along Farmington Road in this area; 3. That the proposed change of zoning is complementary to the adjacent OS zoning district in the area; and 5. That the proposed change of zoning is consistent with the developed character of the Farmington Road frontage properties on the west side of Farmington Road south of the subject property. 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. A roll call vote on the foregoing resolution resulted in the following: AYES: Walsh, Shane, Alanskas, La Pine, Pastor NAYES: Pieroecchi ABSTAIN: McCann ABSENT: None Mr. LaPine, Vice Chairman, dedared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Mr. McCann, Chairman, is stepping back up. 19687 k 1=I Ai Ei$=9=k IY I[e]: DADYdr]:ErYbl•� zleIN X&J *Y11 N Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2002- 08-02-15 submitted by Rocky Zebad, on behalf of Cooper Tires, requesting waiver use approval to expand the use (floor area utilized for automotive repair within the existing building) of an existing automotive repair facility on property located on the south side of Eight Mile Road between Middlebelt Road and Beatrice Avenue in the Northeast%of Section 2. 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 September 3, 2002, which reads as follows: 'Pursuant to your request, the Engineering Division has reviewed he above -referenced petition. We have no objections to the proposal at this time. It should be noted that the landscaping area at the northeast comer of the site does not exist at this time and that the drive approach at this location occupies the area to the east line of the parcel. A portion of the approach should be removed to conform to the site plan. 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 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 expand the use of an existing automotive repair facility on property located at the above - referenced address. We have no objections to this proposal." The letter is signed by James E. Corcoran, Fire Marshal. The third letter is from the Division of Police, dated September 5, 2002, which reads as follows: "We have reviewed the plans regarding the proposal to expand the use of an existing automotive repair facility and have no recommendations for the plans as submitted." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated September 9, 2002, which reads as follows: "Pursuant to your request of August 27, 2002 and August 23, 2002, the above -referenced Petition has been reviewed. The following is noted. (1) This site did not follow their previously approved plans, constructed and used the building in contravention of their previous planning approval, and was subject to a stop work order by this Department Currently they are utilizing the newly constructed section as the revised plans show. (2) There are cars in the parking area which have been there for days in a storage condition. (3) Some noted conditions that were fF iY:il existing in October 2001 are still not corrected as follows: (a) The landscaping is poorly maintained especially along the east property line. (b) The parking lot still slopes toward the building at the south, is generally in less than average condition, and has not been double striped. (c) The dumpster gates are still in disrepair with trash strewn about. (d) No evidence of complete landscaping irrigation has been presented. (4) Number 6 condition of C.R. 743- 01 is not completed. This Department has no further 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 pefitioner here this evening? Rocky Zeban, 37731 Stableview, Farmington Hills, Michigan. I own the property on Eight Mile Road. All the violations Mr. Novak mentioned have been corrected except for the sealing and striping of the parking lot which he couldn't meet. And I have a letter over here to confirm that. He will do it as soon as possible. Mr. McCann: Are there any questions from the Commissioners? Mr. Alanskas: I was there last week. Where you put all the red radar ... first of all, it was all weeded area. Now you did not take out the weeds. You just dumped the wood chips on lop of the weeds, and already the weeds are coming through the wood chips. How did that correct the situation? Mr. Zeban: You mean in the front ofthe building? Mr. Alanskas: On the west side of the building where you put all the red cedar chips, you have a lot of weeds that were there originally. Instead of pulling out the weeds, and putting in a weed barter and then pulling on the wood chips, you just dumped the wood chips on top of the weeds. That's not solving the problem. Mr. Zeban: There were no weeds there. Mr. Alanskas: Oh yes, there was. I was there last week with Mr. Kim. Mr. Zeban: I just sent someone there last week. Mr. Alanskas: The weeds are sticking through that high through the wood chips already. Mr. Zeban: Sir, every week I send a man over there to clean up the weeds on the site. f@IY�] Mr. Alanskas: Lel me tell you this: they are not being done. All you did was put the wood chips on top of the weeds. You did not pull the weeds first. Did you? Mr. Zeban: Sir, there were no weeds, and I don't want to argue with you. There were no weeds. And we continue to clean it up even after because the weeds keep coming up and we keep pulling them up. Mr. Alanskas: If you would like to go with me tomorrow to that facility, I would be glad to show you what I'm talking about. Mr. Zeban: The weeds keep coming up. Mr. Alanskas: Thankyou. Mr. Pastor: Rocky, the weeds are there. I was just there today. I just wanted to see if a lot of this stuff was done. Your dumpster gates are not fixed. The site isn't striped. The landscaping is in a horrible condition. I mean, the chips that were in the landscaping boxes, some of the them are on the sidewalk and the street. You have a sprinkler line coming up, but the sprinkler system isn't in. There is concrete and debris in the wood chips on the front where the door is at. I think the City has been very lenient with you especially the times when I was on Council. We asked you to keep maintaining this and keep it up. We continue to approve items, but they are not done. I mean you have ballards that are by the doors that are all different heights. They are not painted. They are not taken care of. You have concrete splashed on the overhead garage doors. They are not trimmed out. There are a lot of things not done on this place. I've heard that you're going to take care of this, but I haven't seen it being done. And you've been doing this project for two or three years. I'm sorry to say that I just cant at this time look at approving anything. You say that you're going to do it. If you're sending people over there to pick out the weeds, I'm telling you, just like Mr. Alanskas is telling you, theyre not doing it. Then your paying somebody for something that they are not doing, or maybe you needed to put the weed barrier down first and that would have solved some of the problems. But it looked like someone just con over there and threw some chips down. And that's not what we asked for. We asked for you to properly maintain that building and that site. Instead of using two bays, it looks like you're using all six bays. So there are a lot of issues here that should have been addressed a while ago. You say here's a letter that this guy's going to do this and this guy's going to do that. We've heard it before, and I guess I'm tired of the same old story. Thank you. Mr. LaPine: I won't expound on what's been said, but I was out there last week. I was out there Monday of this week. What Mr. Pastor just staled, 19690 was mostly the same thing I had. What I want to gel at is, this petition was submitted by you on behalf on Cooper Tire. What does Cooper Tire have to do with this? Are we going to have a tine store in there? Mr. Zeban: Yes. Mr. LaPine: We are. Now where is the lire store going in? The front of the building? Mr. Zeban: Yes, around the side. Mr. LaPine: How much of the building is the tire store going to take up? Mr. Zeban: Approximately about 4,000 square feet. Mr. LaPine: Are you going to just sell tires here, or are they going to install them? Mr. Zeban: Install them. Mr. LaPine: Where is that going to take place? Mr. Zeban: In the new section. Mr. LaPine: In the new section on the east side where the three bays are? Mr. Zeban: Yes. Mr. LaPine: Okay. The next question I have is, I assume now you're going to want a sign for Cooper Tires? Mr. Zeban: We already have a sign. Mr. LaPine: Does it say Cooper Tires on d? I didn't notice that. Mr. Zeban: Yes. Mr. LaPine: It does? Mr. Zeban: It has a little logo. Mr. LaPine: You're not going to have any of these tires displayed outside or anything like that? Mr. Zeban: No. 19691 Mr. La Pine: I have very mixed feelings on your proposal. This thing goes back so long and I was so emphatic when the motion was made originally that I didn't want any more appeals or anything until you cleaned up the place. In my opinion, it still isn't done. Thank you, Mr. Chairman. Mr. Zebari: You mentioned a few things. There are weeds; there are concrete. You mentioned all the negative things. But have you mentioned anything positive that I've done over the two years? Do you remember what the building looked like? None of that you take into account? Mr. LaPine: I don't want to get into that. Thank you. Mr. McCann: Mr. Zebari, we understand that you're making improvements. Most of the improvements we see are improvements so that you can do business, such as putting in new bays. We see a new big alignment machine in there. We see a lot of improvements along that way so that the building will be structurally sound for your business. But one of the things that I remember trying to gel from you was a Iitlle greenbelt along Eight Mile. We were going to take that corner out and do it. This is a couple years ago. The concrete is broken up and just put in a big pile where the greenbelt is supposed to be. Mr. Zebari: Where? Mr. McCann: On the northeast comer. Mr. Zebari: I replaced that sod. Okay. In front the building has always been wood chips and rocks. The reason you saw what you saw over there, concrete, because it rained from the roof. Its not installed properly. As a matter of fad, the plumbing inspector was there today. The water comes strong to the wood chips. That's why they were going down the driveway. When they put in those new bushes over there, that's why you saw some dirt and concrete. This all will be clean. If you want to table it and wail another two weeks for me to clean it up, I have no objection, but I'm not trying to get away with nothing. If there is anything else you gentlemen want me to do, I'll do. Mr. McCann: I'm glad to hear about that. One other concem I had is that there were 13 cars parked in the rear of Kim's Garage. Now, one of them had the wheels blocked. We had concems about over -night parlang of cars. Mr. Zebari: I have the same concerns, sir. I'm the landlord. I'm not there all the time. I cant be there everyday and tell the tenant what to do. I 19692 mentioned it to him. As a matter at fad, I asked Mr. At Nowak to send an inspector over there to ticket him. Mr. McCann: I have lolickelyou because you're the landlord. Mr. Zeban: So, I suppose you go there everyday and make sure the cars are nolthere? Mr. McCann: That should be part of your lease agreement that he's not allowed to park cars overnight. If he violates it, you evict him. That's why the landlord is held responsible for his properly. Mr. Zeban: Okay. I have no problem with that. Mr. McCann: I'm not trying to do that. I'm just saying that you can't pass the buck and say, 'Well, its the tenant" It's the landlord's responsibility to make sure thatthe compliance is there. Mr. Alanskas: You say its going to be a tire store. You said they'll be installing the tires onto vehicles. What are you going to do with the old tires? Where are you going to put them? Mr. Zeban We'll keep them inside. There is a company that will pick them up. We pay $2.00 for each fire to dispose of them. Mr. Alanskas: How often are they going to be picking these up? Mr. Zeban: As often as needed. Mr. Alanskas: Usually, like Belle Tire and March Tire, they sell tires also. But when they take the wheels off, they also do brake service. Are you going to be doing that? Mr. Zeban: Yes. Mr. Alanskas: So you're going to be doing brake service also. Through the Chair, Mark, wouldn't that be auto repair? Brake service? Mr. Taormina: That's correct. Mr. Alanskas: Well, that's not a permitted use there. Mr. Taormina: He's fled the required paperwork, and the petition this evening is to expand the automotive repair services to induce that portion of the building. That's really what we're considering this evening. He can operate the tire store today with the customer service area that was approved previously. It was with that wavier use approval that we stipulated that no automotive repair could take place within this part 19693 of the building, so that's why he's coming back before you to amend the petition. Mr. Alanskas: I was there last week. Dont you have Mr. Kim already using that front office? Mr. Zeban: Yes, sir. His old office was tom down and we run the trailer outside. The City objected to the trailer. They don't want no trailer outside. So he's using that office temporarily. Mr. Alanskas: When you say temporarily, when is he not going to use it'? Mr. Zeban: He will use it permanently until we get our occupancy permit. Mr. Alanskas: When you have approval, where is he going to go for an office? Mr. Zeban: He is going to share the office with me. Mr. Alanskas: So he's going to be in the front also? Mr. Zeban: Yes, sir. Mr. McCann: Is there anybody in the audience that wishes to speak for or against this petition? Mr. Zaban, do you have any last comments before I close the public hearing? Mr. Zeban: I will correct all the things that you are concerned about as far as cleaning and taking care of the weeds. The irrigation is already done. On the west side there is a pipe busted. I already requested a sprinkler man to go under there. He was supposed to go yesterday, but apparently he didn't go. I have no objection to taking care of all the things that you mention. And I'll take care of the cars. I'll make sure no cars are left there. Mr. McCann: The public hearing is closed. A motion is in order. Mr. Alanskas: Mr. Chairman, I would like to table this item until all the things that Mr. Zabari said should be done will be done. That includes repairing the dumpster door that is still not repaired. Half of the door is tom off in the front, the wooden door. Did you notice that? Mr. Zeban: I noticed that there was a panel missing and Mr. Kim put it up. Mr. Alanskas: It wasn't up last week. I'd like to table this to an uncertain dale until all that is corrected. Mr. Alanskas: Well, I think we need to give him a date. Are you going to have it all done in 30 days? 19694 Mr. Zeban: I will have it done in one week. Mr. Alanskas: Is there a second for the tabling motion? Mr.Shane: Yes. Mr. McCann: I appreciate Mr. Alanskas' thought, and I think it appropriate. But I think we also have to have some kind of date. I'm looking at October 22 or November 12. Mr. Taormina, I'll look to you for direction. Mr. Taormina: Both schedules are wide open at this time. Mr. Alanskas: Why dont we use November 12 to give him ample time to get it all done? Mr. McCann: Okay. We'll all be out to see you. Is November 12 okay with you, Mr.Shane? Mr.Shane: Yes. Mr. McCann: We're going to give you a month to get everything done. I think every one of us has been out there to look at it because it is a concem. I think you'll see us all out there during this time. If you stay in contact with Mark, we will stay in contact with him as well to make sure that when we come back, everybody can just applaud your efforts and send you on to Council and get this thing over with. All right? Mr. Zeban: I have no problem. I will correct all these things. So can I come back in two weeks? Mr. McCann: November 12. Mr. Zeban: Okay. November 12. Can I come any sooner than that? Mr. McCann: I'll tell you what. If you get everything done in a week, I'll entertain a motion to bring it back sooner and bring it before the Planning Commission iftheyll agree to it. Mr. Zeban: I'll have it done in one week, and he can send anyone to inspect R. Mr. McCann: All right. We'll take a look at d then. Right now it's set for November 12. 19695 Mr. Pastor: Mr. Chair, also the parking blocks around the south end of the property ...some are there, some aren't. Some are broken, some aren't. Mr. Zeban: Parking blocks ... I'm waiting for them to stripe and finish, and I'll put in brand new parking blocks. Mr. Pastor: I'm just banging it up. You need to look not just at some of the things that we've talked about, but you need to look at the whole site overall and gel it taken care of. Rocky, I'll say this one more time, you've said this before. And every time you come before us you say the same thing. I will say to you one more time, gel it done. Mr. Zeban: I will get it done. On a motion by Mr. Alanskas, seconded by Mr. Shane, and unanimously approved, it was #09-117-2002 RESOLVED, that pursuant to a Public Heating having been held by the City Planning Commission on September 24, 2002, on Petition 2002-08-02-15 submitted by Rocky Zeban, on behalf of Cooper Tires, requesting waiver use approval to expand the use (floor area utilized for automotive repair within the existing building) of an existing automotive repair facility on property located on the south side of Eight Mile Road between Middlebell Road and Beatrice Avenue in the Northeast %of Section 2, the Planning Commission does hereby recommend that Petition 2002-08-02-15 be tabled to the Regular Meeting of November 12, 2002. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM #4 PETITION 2002-04-03-04 WESTERN WATERPPROOFING Mr. Piercecohi, Secretary, announced the next item on the agenda, Petition 2002- 04-03-04, submitted by Western Waterproofing Company requesting to vacate a thirty-three (33) fool wide easement retained over a portion of vacated SchoolcmR Road nghtof-way located east of Eckles Road in the Southwest %of Section 19. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. 19696 Mr. McCann: Is there any correspondence? Mr. Nowak: There is one item of correspondence from the Engineering Division, dated August 29, 2002, revised August 30, 2002, which reads as follows: We are in receipt of the petitioner's revised legal description for the vacation of the south portion of Schoolcraft Road. The revised sketch of the vacation area is correct. However, the dimension of 625.33 in the fourth line of the body of the description is not correct and should be changed to 456.10. We trust that this will provide you with the information requested." The letter is signed by Robert J. Schron, P.E., City Engineer. I would like to add that the latest plan you have received does have the correction made so the text is correct. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? John Brent, on behalf of Western Waterproofing, 13800 Eddes Road, Livonia, Michigan. Mr. McCann: Is there anything additional you'd like to tell us? Mr. Brent: No. Mr. McCann: Are there any questions from the Commissioners? Mr. La Pine: I have a question 6r Mark. I understand the vacating, but on the comer of Eckles Road, there is a small building. Do you see it on this map here? Mr. Taormina: Yes. Mr. La Pine: How come the vacating isn't going all the way up to Eccles Road there, behind that building. Is that not needed? There is no easement that goes all the way across there? Mr. Nowak: When they did the site inspection of the petitioner's property, I noted that property on the comer. There are poles and overhead lines on that property, but only on the comer property. It does extend easterly from there onto the Western Waterproofing property. Mr. La Pine: Okay. That answers my question. 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. A motion is in order. 19697 On a motion by Mr. LaPine, seconded by Mr. Pastor, and unanimously approved, it was #09-118-2002 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on September 24, 2002, on Petition 2002-04-03-04 submitted by Western Waterproofing Company requesting to vacate a thirty-three (33) fool wide easement retained over a portion of vacated Schoolcmfl Road nghtof-way located east of Eckles Road in the Southwest'''/at Section 19, the Planning Commission does hereby recommend to the City Council that Petition 2002-04-03-04 be approved forthe following reasons: 1. That the easement area proposed to be vacated is not needed to protect any public utilities; 2. That the subject easement is in conflict with the location of the existing building on the affected property; 3. That the land area covered by the subject easement can be more advantageously utilized by the property owner if unencumbered by the easement; and 4. That no reporting City department or public utility company has objected to the proposed vacating. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances, as amended. Mr. McCann, Chairman, declared the motion is carted and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #5 PETITION 2002-07-03-07 JEFF & NATALIE KWIECINSKI Mr. Piercecchi, Secretary, announced the next item on the agenda, Petition 2002- 07-03-07, submitted by Jeff and Natalie Kwiednski, requesting to vacate the southerly five (5) feet of an existing 15 fool wide utility easement on their property located at 37720 Northfield Avenue on the north side of Northfield between Newburgh Road and Stonehouse Avenue in the Southeast%of Section 31. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. IEixr•I Mr. McCann: Is there any correspondence? Mr. Nowak: There is one item of correspondence from the Engineering Division, dated August 27, 2002, which reads as follows: 'Please be aware that the petitioner wishes to vacate the southerly 5 feet of the existing easement, not the easterly 5 feet as reflected in the record to date. Pursuant to your request, the Engineering Division has prepared the following legal description for the easement to be vacated. The storm sewer located on the lot will not be influenced by this vacation. We trust that this will provide you with the information requested." 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? Natalie Kwiecinski, 37720 Northfield Avenue, Livonia. Mr. McCann: Is there any additional information that we need to know about? Ms. Kwiecinski: Not really. Mr. McCann: Are there any questions from the Commissioners? Is there anybody in the audience that wishes to speak for or against this petition? If not, I'll close the public hearing. A motion is in order. On a motion by Mr. Walsh, seconded by Mr. Pastor, and unanimously approved, it was #09-119-2002 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on September 24, 2002, on Petition 2002-07-03-07, submitted by Jeff and Natalie Kwiecinski, requesting to vacate the southerly five (5) feet of an existing 15 foot wide utility easement on their property located at 37720 Northfield Avenue on the north side of Northfield between Newburgh Road and Stonehouse Avenue in the Southeast % of Section 31, the Planning Commission does hereby recommend to the City Council that Petition 2002-07-03-07 be approved, contingent upon and subject to the relocating of the affected public utility equipment presently occurring within the subject easement area, for the following reasons: 1. That the portion of the easement area proposed to be vacated can be more advantageously utilized by the property owner if unencumbered bythe easement; 2. That the portion of the easement area proposed to be vacated will no longer be needed once the existing utility equipment 19699 that extends through the subject easement area has been re- routed and moved further north into the easement area that is to be retained; 3. That the Engineering Division has no objection to the vacating of the southerly five (5) feet of the existing fifteen (15) foot wide easement; and 4. That no public utility company has objected to the proposed vacating. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances, as amended. Mr. McCann: Is there any discussion? Mr. Alanskas: I would just like to thank the petitioner. Usually on an easement you don't get this detailed information and schematic. You did a greatjob. Ms. Kwiecinski: Thank you. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go onto City Council with an approving resolution. ITEM #6 PETITION 2002-07-03-08 JEFF &JULIE LOCKLEAR Mr. Pieroecchi, Secretary, announced the next item on the agenda, Pefition 2002- 07-03-08 submitted by Jeff and Julie Locklear requesting to vacate the southerly five (5) feet of an existing 15 fool wide utility easement on their property located at 37676 Northfield Avenue on the north side of Northfield between Newburgh Road and Stonehouse Avenue in the Southeast 114 of Section 31. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCann: Is there any correspondence? Mr. Nowak: There is one item of correspondence from the Engineering Division, dated August 27, 2002, which reads as follows: "Please be aware that the petitioner wishes to vacate the southerly 5 feet of the existing easement, not the easterly 5 feet as reflected in the record 19700 to date. Pursuant to your request, the Engineering Division has prepared the following legal description for the easement to be vacated. The storm sewer located on the lot will not be influenced by this vacation. We trust that this will provide you with the information requested." 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? Julie Locklear, 37676 Northfield Avenue, Livonia. Mr. McCann: Is there any additional information that we need to know about? Julie Locklear: Not really. We've contacted the utilities and they don't seem to have a problem. Mr. McCann: Are there any questions from the Commissioners? Is there anybody in the audience that wishes to speak for or against this petition? If not, I'll close the public hearing. A motion is in order. Mr. Alanskas: I would just like to thank the petitioner. Usually on an easement you don't get this detailed information and schematic. You did a greatjob. Ms. Locklear: Thank you. On a motion by Mr. Walsh, seconded by Mr. Pastor, and unanimously approved, it was #09-120-2002 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on September 24, 2002, on Petition 2002-07-03-08 submitted by Jeff and Julie Locklear requesting to vacate the southerly five (5) feet of an existing 15 fool wide utility easement on their property located at 37676 Northfield Avenue on the north side of Northfield between Newburgh Road and Stonehouse Avenue in the Southeast 1/4 of Section 31, the Planning Commission does hereby recommend to the City Council that Petition 2002-07-03-08 be approved contingent upon and subject to the relocating of the affected public utility equipment presently occurring within the subject easement area, for the following reasons: 1. That the portion of the easement area proposed to be vacated can be more advantageously utilized by the property owner if unencumbered bythe easement; 2. That the portion of the easement area proposed to be vacated will no longer be needed once the existing utility equipment 19701 that extends through the subject easement area has been re- routed and moved further north into the easement area that is to be retained; 3. That the Engineenng Division has no objection to the vacating of the southerly five (5) feet of the existing fifteen (15) foot wide easement; and 4. That no public utility company has objected to the proposed vacating. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 12.08.030 of the Livonia Code of Ordinances, as amended. Mr. McCann, Chairman, declared the motion is canted and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #7 PETITION 2002-06-06-02 ORDINANCE AMENDMENT (Athletic Schools) Mr. Rercecchi, Secretary, announced the next item on the agenda, Petition 2002- 06-06-02 submitted by the City Planning Commission pursuant to Council Resolution #361-02, and pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Article XVI, Section 16.11, and Article XVII, Section 17.02, of the Zoning Ordinance to allow the operation of athletic schools and similar facilities as a waiver use in the M7, Light Manufadunng District, and as a permitted use in the M-2, General Manufactunng District. Mr. McCann: Mr. Taormina, could you tell us the history on this request? Mr. Taormina: Council Resolution #361-02 requested the Planning Commission to study the question of whether or not the zoning ordinance should be amended to allow for various types of athletic schools and similar facilities as permitted or waiver uses within industrial zoning districts. This matter was brought to the attention of the Council by the Zoning Board of Appeals which in the past 2-1/2 years has considered at least three different requests for use variances to locate athletic training facilities within industrial buildings inducing a martial arts school, a gymnastics training center and a dieerleading school. More proposals similar to this are inevitable since industrial spaces tend to be well suited for these types of uses. The Planning 19702 staff has prepared a draft version of a proposed amendment that would add a new paragraph f under Section 16.11, Waiver Uses in the 91 Distad, in the Zoning Ordinance. The proposed language would allow the operation of various indoor recreational facilities and athletic training schools as waiver uses in the M-1 District. Examples include gymnastic training facilities, martial arts, cheedeading schools, soccer facilities, tennis courts, racket ball and handball courts, baseball and softball practice areas, and archery ranges. Certain other types of indoor recreational facilities that would be inappropriate br an industrial setting such as bowling alleys and billiard parlors are expressly excluded. Our primary concem is that such uses not interfere with nearby industrial operations and, in particular, the need to avoid potential conflicts between industrial truck traffic and traffic generated by the school or athletic facility. Since all waiver uses in an M-1 District are permitted uses in the 92 District, the uses provided for under this language amendmentwould be permitted within the M-2 Districts. Mr. McCann: Are there any questions from the Commissioners? Mr. Pieroecchi: Mark, why not a waiver in the M-2 District also? Mr. Taormina: As a waiver use within the K41 District, it would automatically be considered a permitted use in the 92. 1 guess we would have to differentiate for that particular use the fad that it would be considered a waiver in both districts or just predude it altogether within the M-2 District, which would be a reasonable option. I don't know that we should have to open up both the M-1 and the 92 Districts for these types of uses. The M-1 would be the district that will provide sufficient space if, in fact, we were going to consider an amendment similar to this. Mr. Pieroecchi: So could we just stop at M-1? Mr. Taormina: We could and make it a prohibited use in the M-2 District or some other language that would limit it only to the M-1 District. Otherwise, it would be a permitted use as I indicated in the 92 District, or you would have to provide separate language in the M-2 District making it a waiver use. Mr. Pieroecchi: I'm not inferring it should be just M-1. My question was, make it waiver use for both of them. Can that be done? Mr. Taormina: Yes, we can do that. Mr. Pieroecchi: I'd like to hear what my colleagues feel about that, Mr. Chairman. 19703 Mr. La Pine: Mark, right now if they want to get a use permit, they can go to the ZBA for this. Is that correct? Mr. Taormina: Yes. In fad, we've had three such cases recently. Mr. La Pine: What's the overwhelming reason? Why should we change the ordinance when they've got a vehicle they can go through to get the variance? I dont think there's any reason to do this. Just leave it with the ZBA. We've got three requests. In the history of Livonia. I don't know how many times someone has come in and asked for this. But I don't see any reason to change the ordinance just to accommodate these things if they come in. If they come in, let the ZBA look at them and they can give a use permit. Mr. Taormina: I don't fink there is any justification necessarily to keep it that way just because there is such a few number of requests. The Zoning Board of Appeals must apply its criteria in each case. It makes it awfully difficult for them to approve them. They simply are not reviewing this and determining whether or not it's a compatible use within the district. There are other tests that have to be applied in the case of use variances, and I think that is the issue that they have here. Although they have approved two cases recently, they denied the third with very similar circumstances involved. I think it's because of that concern they have drafted their resolution to the Council aslang them to consider this language amendment. Mr. McCann: I think Mr. Pieroecchi has a point. I don't know that M-2 would be appropriate necessarily for these types of activities, and certainly a change of zoning from M2 to M-1, if we felt the zoning was near enough to a main road that it would be appropriate, would not be unreasonable. So I would agree with Mr. Pieroecohi that maybe just the M-1 zoning waiver use would be appropriate. The other question you had was that bowling and billiards would not be appropriate in this type of zoning. I guess it raises the old question in my mind, is bowling and billiards a sport, but I won't go there tonight. It does bring up the thought to me though that both those are associated with liquor licenses and some type of activity along there that I agree may not be appropriate. Rather than identifying through sports, would we'd be better off identifying it as anything thatwould require a restauranlora liquorlicense use? Mr. Pastor: If you do a restaurant use, like indoor soccer places have little hot dog stands and stuff like that, so you're looking at all those uses having the same thing. It wouldn'tjust be for the billiards place that would have a restaurant, although they probably wouldn't be asking for a liquor license like the billiards and bowling alley. Mr. McCann: Liquor license appears to be the key. 19704 Mr. Pastor: That might be more of a key, though we have to look at the whole thing anyway. Mr. McCann: Any other comments? Is there anybody in the audience that wishes to speak for or against this petition? Are there any other questions or comments from the Commissioners? Mr. Pieroecchi: I would like to get an opinion, Mr. Chairman, from the remainder, whether they think that's a logical thing to make it a wavier use in both, and then I will make such a motion, so be it. Mr. McCann: He is asking for a recommendation from the Staff as to whether or not we should have it a waiver use in both or ... Mr. Pieroecchi: Our people ... that loo .. they can be a part of it,. Mr. McCann: My recommendation would be not in 92, just a waiver use in M-1 alone. Mr. Pieroecchi: I can buy that loo. As long as everything is waiver use. That's my concern. I make a motion to restrict it to the M1 District as a waiver use. On a motion by Mr. Pieroecchi, seconded by Mr. Pastor, and unanimously approved, it was #09-121-2002 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on September 24, 2002, on Petition 2002-06-06-02, submitted by the City Planning Commission pursuant to Council Resolution 361-02, and pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Zoning Ordinance #543 to allow various types of athletic schools and similar facilities as permitted or waiver uses in industrial zoning districts, the Planning Commission does hereby recommend to the City Council that Petition 2002-06-06-02, as amended, be approved so as to amend Section 16.11 of Article XVI of the Zoning Ordinance to allow the subject use as a waiver use in the M-1, Light Manufacturing District, and that Section 17.02, of Article XVII, of the Zoning Ordinance be amended to exclude the subject use as a permitted or waiver use in the k42, General Manufacturing District, for following reasons: 1. That the proposed language amendment will provide for more flexibility in determining proper locations for athletic schools and similar facilities; 19705 2. That the proposed language amendment will provide for adequate regulation and control over the location and nature of the subject use; 3. That the proposed language amendment provides for the subject facilities as a waiver use necessitating compliance with all general waiver requirements and general standards of the Zoning Ordinance; and 4. That the proposed language amendment will provide more opportunities to accommodate the subject use in settings that are consistent with the latest Vends in land uses. 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'm going to support this because in these days of intense competition between communities to locate uses in industrial districts, I think the more diversified we can be the better off we're going to be. As long as we're confining this to the facilities mentioned, I don't think that's going to be a disruption to the general industrial climate in the industrial district. So I will support it. Mr. La Pine: I'm going to vote against it because I have two problems. I don't think its really necessary for us to do this. I think the ZBA can handle it. The other problem I have is some of these facilities that are going to go in here, like for instance, soccer facilities, tennis court, racket ball and handball courts, the YMCA has these at the present time. The Y is going to lose a certain about of business when our City recreation center goes in. Therefore, if these things go into the industrial area and they can rent them out for a cheaper rale than the Y, then the Y is going to gel hit twice. The Y has been with us for many, many years and I dont think I want to take that chance Mr. McCann: Any other discussion? Hearing none, will the Secretary please call the roll? A roll call vote on the foregoing resolution resulted in the following: AYES: Pastor, Shane, Walsh, Piercecchi, McCann NAYES: Alanskas, LaPine ABSTAIN: None 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. 19706 ITEM #8 PETITION 2002-08-06-03 ORDINANCE AMENDMENT (Self -Storage Facilities) Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2002- 08-06-03, submitted by the City Planning Commission, pursuant to Council Resolution #408-02 and pursuant to Section 23.01 (a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Article XI, Section 11.03, of the Zoning Ordinance to provide for self -storage facilities as waiver uses in the C-2, General Business District. Mr. Taormina: This proposed language amendment would provide for self -storage facilities as waiver uses in the G2, General Business District. This item was referred to the Planning Commission by the City Council at the request of WLW Partners, L.L.C., a company that owns and operates self -storage facilities. Their desire is to construct a new facility in Livonia on the undeveloped site located adjacent to the Northridge Commons Shopping Center on the south side of Eight Mile Road between Farmington and Gill Roads. This site is zoned C-2 and was originally approved as a second phase of the shopping center, which induced a free-standing 20,000 square foot multi -tenant retail building that would have been occupied, at least in part, for automotive repair services including a Good Year Tire Store. This building was never completed and the building's foundation remains on the property. The C-2 District regulations do not allow for self -storage facilities either as a permitted or as a waiver use. These types of facilities are allowed only as a permitted use in either M -L (Manufacturing Limited), M-1 (Light Manufacturing) or M-2 (General Manufacturing) zoning districts. On the basis that there is little or no likelihood that this site could be rezoned to an industrial classification that would allow for the intended use, the attorneys representing WLW Partners submitted a letter requesting that the City Council give consideration to amending the zoning ordinance to allow self -storage facilities as waiver uses in the C-2 District. The proposed language amendment includes a number of standards and conditions which are intended to insure that the use is only placed at suitable locations and is compatible to surrounding properties. The provisions induce restricting access to major roads only, prohibiting outdoor storage or storage of any hazardous or volatile substances, limits on the hours of operation, and provisions for screening and landscaping of the buildings, HVAC units, and trash containers. I'd just like to point out that any action this evening by the Planning Commission serves only as a recommendation to the City Council which has the final approving authority on all matters involving changes to the Zoning Ordinance. 19707 Mr. McCann: The Planning Commission is the petitioner. Are there any questions from the Commissioners? Is there anybody in the audience that wishes to speak for or against this petition? Norman Hyman, Honigman Miller Schwartz and Cohn, L.L.P., 32270 Telegraph Road, Bingham Farms, Michigan 48025-2457. With me are Rob Lee of WLW Partners, and Mike Parks, our real estate man. Mike would like to hand out to each of you, as I make my presentation, an article that I think supports the point I made to you in the study session a week ago about the fact that we're dealing with a new animal here. Not only the City of Livonia, but municipalities all over the country are wrestling with the fact that this is a new animal that has evolved after most zoning ordinances were enacted, and zoning ordinances have not anticipated this kind of use. This article, which appeared in the "American Planning Association Journal," explains how different these can go by dealing with the situation and we fit within that kind of an approach. The presentation we made at the study session I think fully informed you, unless there are people in audience who would like to be heard on this matter or would Ike to hear more about it. I don't think I have to add anything to what I presented then. But I do want to make this suggestion to you. We got a message at the study session that there were concems about the fact that there might be an open door to a proliferation of these uses at too many other locations in the City. And I had suggested that there were ways to look at that. I've given that some thought and I would like to propose that you consider several additional standards in the wavier use provision which would be acceptable to us. Standard number one would be that the use must not abut single family residential. Standard number two would be that the use be on boundary roads only, so it would be only the boundary roads in the City of Livonia that would permit these uses. Standard number three would be a minimum site area of at least three acres. I think with those three standards added to the standards we've already proposed, you would have an assurance that, in addition to standards relating to aesthetic control and screening of the property, there would not be a proliferation of the uses throughout the City. We're open to any questions you might have and also, of course, to any suggestions you may have about additional standards. Mr. Alanskas: Thank you for this article but it's four or five pages long and to try to read in depth right now, you can't absorb it. Too bad we didn't have it early. Number two, you're saying this is a retail operation. You're still renting out spaces where they can store furniture and appliances. If they pull up with a trailer to unload this to put into the facility they are renting, and there's refuse that goes on the ground 19708 Mr. Hyman: I'd like to try to answer that. With respect to control, the standards that we gave you last week have significant controls, inducing the requirement of screening, fencing, really isolating this use so that it wouldn't be part of the mall. We could even consider or agree to adding a provision as a standard that it must be a free-standing use, that it can't be integrated into any other buildings. That would help to deal with your situaton, but I think we've already dealt with that providing that the use has to be fenced and screened. Now with respect to the other point, Mr. Pieroecchi, that you made about the ability to locate in M districts, I think I gave you an arfide last week, from which I read, which pointed out that this use is a retail use. This arlide gave advice to people in the business that they must consider this to be a retail use in site selection. They have to be near their customers. And as I pointed out to you last week, you and so on and so forth, who takes care of maintaining and deaning this facility? Mr. Hyman: There's a resident manager. Mr. Alanskas: That's his job? In other words, every time someone pulls in to do something, if there's refuse, he has to clean it? Mr. Hyman: He has to police the site. Mr. Piercecchi: Did I understand you say boundaryroads, like Eight Mile Road? Mr. Hyman: Yes, sir. Mr. Pieroecchi: I thought you were really pushing for Seven Mile Road the other night? Mr. Hyman: Somebody else suggested that. I wasn't pushing for Seven Mile. Somebody had suggested that there might be some suitable sites on Seven Mile. I don't remember who that was, but I think it was one of your colleagues, Mr. Piercecchi. I take no responsibility for that. Mr. Pieroecchi: In the study, I think I could have made the point on the proliferation of these things in C-2 areas which are plazas. If we had these things in our plazas, I just don't think they mix. In fad, I think it's outrageous to even consider putfing that type of facility in a mall. To me its just not compatible. You talked about control. How can you really control these things? As far as the setting it concerned, we only have so many limits. If we make permitted uses, we probably wouldn't have any argument in that. I think we're stepping in very dangerous territory to opening up this C-2 to this facility. Plus, there's all kind of M properly. Its not needed. Mr. Hyman: I'd like to try to answer that. With respect to control, the standards that we gave you last week have significant controls, inducing the requirement of screening, fencing, really isolating this use so that it wouldn't be part of the mall. We could even consider or agree to adding a provision as a standard that it must be a free-standing use, that it can't be integrated into any other buildings. That would help to deal with your situaton, but I think we've already dealt with that providing that the use has to be fenced and screened. Now with respect to the other point, Mr. Pieroecchi, that you made about the ability to locate in M districts, I think I gave you an arfide last week, from which I read, which pointed out that this use is a retail use. This arlide gave advice to people in the business that they must consider this to be a retail use in site selection. They have to be near their customers. And as I pointed out to you last week, you 19709 can divide the customer or tenant base 50-50 roughly. Half of the people who will be using this are householders, a substantial portion of whom will be housewives who aren't particularly interested in going into an industrial district. The other half will be professional people - lawyers, doctors, etc., who find that rather than pay the additional rent in office buildings for file rooms, that they can store their files much less expensively in these types of facilities. And once again, you want to be near your customers. The M Districts just don't work. They are not retail sites, and this is a retail use. Mr. Pieroecchi: You, sir, call this retail. I look at it as warehousing. It's a matter of semantics here. Retail is when you go in and you buy something and you take it out of there. This is strictly storage because I have no use for this particular product for a given period of time and I'm storing it. Mr. Hyman: I think I also said last week that we were prisoners of semantics. We were prisoners of the word "warehouse' which evolved when a different type of storage was being used in the market. The type of storage we have now is not warehousing. It's totally different from warehousing. And I'm not the only person who categorizes this as a retail use. The article I read to you last week, which was an article in a real estate journal telling the business where they ought to be looking for sites. I can pull out the article again. It said the ideal place for you to locate would be where MacDonald's is or where Home Depot is. That's the ideal. We know that's not likely to happen. But you must understand the article goes on to finish and says you must understand this is a retail use and you have to look for a retail site. This is the advice to the industry. It's not a warehouse use. It's a retail use. The people who deal with this are not industrial users - the typical old fashioned warehousing people. These are housewives; they aredoclors; they are lawyers. Mr. McCann: Thankyou. Anybodyelse? Mr. LaPine: Mark, what is the size of this parcel? Mr. Taormina: Its roughly 3.5 acres. Mr. Pieroecchi: Mr. LaPine, did you ask the size of the mall? That one site that they mentioned? Mr. LaPine: No, I just wanted to know the parcel they want to put this on behind the Northridge Shopping Center. It says it covers two to three acres and I wanted to know what the size of that was. 19710 Mr. Hyman: I might point out by the way that the arlide I gave you tonight also points out that these uses have been painted, if you will, with the word 'Warehouse' when, in fad, the modem use you're talking about is not really a warehousing operation at all. Mr. La Pine: At the end of the article here, it says 'Toward that end, Part 2 of this report examines standards used by communities that regulate SSSFs as separate developments from warehouses. It will focus on the most common problems communities must deal with - appearance, location, and parking." Can we gel a copy of what that was? Mr. Hyman: I can get you that. That canvasses a number of different ordinances around the country. Mr. McCann: Is there anybody in the audience that wishes to speak for or against this petition? The public hearing is closed. A motion is in order. On a motion by Mr. Shane, seconded by Mr. Walsh, and unanimously approved, it was #09-122-2002 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on September 24, 2002, on Petition 2002-08-06-03, submitted by the City Planning Commission, pursuant to Council Resolution #408-02 and pursuant to Section 23.01 (a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Article XI, Section 11.03, of the Zoning Ordinance to provide for self - storage facilities as waiver uses in the C-2, General Business District, the Planning Commission does hereby recommend to the City Council that Petition 2002-08-06-03 be denied for the following reasons: 1. That the proposed language amendment is not needed to accommodate the subject land use in the City; 2. That the Zoning Ordinance currently contains sufficient language to adequately provide for self -storage facilities in proper locations other than C-2 districts; 3. That the proposed language amendment will promote self - storage facilities in a zoning district intended to accommodate retail sales and commercial services; and 4. That there is no compelling reason to amend the Zoning Ordinance to allow for the subject use within the C-2 District. 19711 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. Walsh: I would just like to say for the record to my colleagues and also to the petitioner that I have really struggled with this since we reviewed it last week. And No", I think you have made the best argument you can and its well done. My bottom line is, I just have not found when we discussed it, and doing some review myself over the last week, and then our discussion tonight, a compelling reason for the City to amend the zoning ordinance to accommodate this use. And for that reason, I support Mr. Shane's resolution. Mr. McCann: That was exactly what I was going to say. You stole my notes. Mr. Pieroecchi: Mr. Chairman, I think the denying resolution is very good. It just about covers everything that I feel about it. I also agree with our very capable colleague, Lt. Walsh. There is no compelling reason to do it. Mr. Shane: The basic reason for my objection to this particular amendment is because I feel that we're making it for a particular petition. And generally speaking, I dont think its a good idea. If I was convinced that every petitioner would put up a facility such as this one appears to be, then I might feel differently, but I don't think it's a good idea to change the zoning ordinance to accommodate a narrow list of petitioners, in this case one. Mr. Alanskas: I just think this is really a tough issue. In regards to storage, I really don't agree to the fact that people will not go to the M districts where there are now current storage facilities. We have one on Plymouth Road that is used very heavily by women. I went there and visited the facility. We have one on Stark Road which is very nice. We have one on Merriman Road which is very nice. They are accessible for anybody to go there. Al this time, I just don't think it's proper to put this in a C-2 district because of the fad, like Mr. Hyman said, this is a new animal. You can't show me where there is a lot of these anywhere in our City or any other city. It's a starting point and at this time I don't think we should do this. Thank you. Mr. McCann, Chairman, declared the motion is canned and the foregoing resolution adopted. This will go on to the Council with a denying resolution. Thank you for your assistance, Mr. Hyman. 19712 Mr. Hyman: We really do appreciate the obvious wrestling you've done with the issue. Thank you very much. Mr. Walsh: I think I speak on all of our behalf. We think the product and the petitioner is meaningful, and there's quality to it. I think its just changing the zoning ordinance that has caused us the most heartburn. Its not what your client wishes to do; it was simply where they wished to do it. Mr. Hyman: Thank you very much. Mr. McCann: 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 #9 PETITION 2002 -08 -SN -03 BAHAMA BREEZE Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2002- 08Sh403, submitted by Pentagon Center Condominium Association, on behalf of Bahama Breeze, requesting approval for additional wall signage for the restaurant located at 19600 Haggerty Road in the Southwest%of Section 6. Mr. Miller: This site is located on the east side of Haggerty between Seven Mile and Eight Mile. Bahama Breeze is requesting approval for an additional wall sign for the restaurant located in the Pentagon Entertainment Center. This restaurant presently has two wall signs. The propose sign would face south and out towards the main boulevard drive, which runs between this restaurant and the Champps Americana Restaurant. The petitioner has stated the sign is needed to best utilize visibility from northbound traffic on Haggerty Road. The existing signs on the building face to the north or toward Eight Mile Road and to the west or out toward Haggerty Road. City Council approved these signs back on May 3, 2000. Because the existing two signs were in excess of what is permitted by the ordinance, Bahama Breeze was required to gel a variance from the Zoning Board of Appeals. A variance (case #2000-03-28) was granted for two wall signs on March 28, 2000. Signage is summarized as follows: Existing Signage: two wall signs totaling 100 sq. R. in sign area, one on the north elevation ("Bahama Breeze') which is 40 sq. R. and one on the west elevation ("Bahama Breeze') which is 60 sq. R. Signage Permitted br this site under Section 18.50H is one wall sign not to exceed 140 sq. R. 19713 in sign area. The Proposed Additional Signage is one wall sign on the south elevation ('Bahama Breeze") at 106 sq. R. Excess Signage is two wall signs at 66 sq. ft. in wall sign area. Because the new sign in effect nullifies the existing variance from the ZBA, the petitioner would need a new variance for excessive signage. The proposed sign is also nonconforming because it would be located on the roof. Part of the Sign Package (page 3 of 4) shows an illustration of what the sign would look like on the building. It looks to be, and the note on the page specifies, a roof mounted sign. The ordinance specifies, "no portion of the sign may project above the roof or parapet line." A roof mounted sign requires a variance from the Zoning Board of Appeals. Mr. McCann: Is there any correspondence? Mr. Taormina: There is one item of correspondence from the Inspection Department, dated September 5, 2002, revised on September 12, 2002, which reads as follows: "Pursuant to your request of August 28, 2002, the above -referenced petition has been reviewed. The following is noted. (1) This Petition does note the presence of several unauthorized wall signs at the west entrance. There is a 2.5 square foot sign with their hours and a two square foot sign about job opportunities. There are also two signs about drinking and driving of two to three square feet each. They have some allowed window signage in place also. In addition, it appears they have portable signage they put out in the evening of the `sandwich - board" type. The Petitioner may wish to revise their Petition to include these unauthorized signs. (2) This Petition must go to the Zoning Board of Appeals for a third sign, which is a prohibited roof sign to modify Zoning Appeal Case No. 2000-03-28, where they were granted two wall signs at their current size. (3) This site has a tree that has been removed in an island near the southeast comer of the building, which needs to be replaced. This Department has no further 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? Tim Schaffer, Allied Signs, Inc., 33650 Gifios Drive, Clinton Township, Michigan 48035. Mr. McCann: You are the sign company? Mr. Schaffer: Yes. Mr. McCann: Do we have a representative from Bahama Breeze? 19714 Mr. Schaffer: Yes, we do. Hobert Witworth, 26440 Berg Road, Southfield, Michigan. Mr. McCann: Do you want to tell us the need for the additional signs and why you're here tonight? Mr. Wtworth: We feel that we're not getting enough visibility from the south side, from Haggerty from Seven Mile to Eight Mile. There is just a need for additional signage. The slope of Haggerty almost blocks the view of our sign that is facing Haggerty Road. Mr. McCann: Are there any questions from the Commissioners? Mr. Alanskas: How many people do you serve in a evening, roughly, on an average? Mr. Wtworth: Roughly? Quite a few, sir. Mr. Alanskas: 200? 300? 400? Mr. Wtworlh: 400 to 500 people. Mr. Alanskas: I've been to your facility at least ten times, and I have found that if you dont gel there before 6:00, you have at least an hour to two hour wail to gel in your facility to eat. You are that busy. So people are finding your restaurant. If you are feeding 500 people an evening, people are finding your restaurant. Secondly, you are two signs over what you are already permitted. Now you're asking for a huge sign on your roof. Why do you need it? I mean I have friends that I say, "Have you been to Bahama Breeze yell "No, I haven't." I say, "It's excellent food" "Where's it at?" Here's how you gel there. I mean I'm a walking advertisement for you. I tell them how to gel there. People have no problem finding it without a big sign on the roof. If you're that busy, what is the need? Mr. Schaffer: That would be for visibility for the northbound traffic on Haggerty Road. Mr. Alanskas: But what I'm saying, sir, is without the sign, people are still finding your restaurant. Mr. Schaffer: We feel that not enough people are finding the restaurant. We'd like to be afforded the same opportunity with the advertising as our neighbors are. Mr. Pastor: You have extra wall signs so you are getting more than the other people or most of the people. Restaurants are usually allowed one 19715 wall sign. You have two. When I was on Council, I know I surely voted against having the extra signage at that point. You say two hours. Sometimes it's three and four hours. You have enough people out there. I believe this is one of your best restaurants in the country? Mr. Witworth: Yes, sir. Mr. Pastor: I appreciate that you always want to get more and more business. That goes to advertising and all that stuff. People know where you are. People know your building. Part of your signage is the way your building is built. I just find it really hard to believe that you really need this sign to get more people in there. I'll just limit my comments to that. Mr. LaPine: I just want to agree with everything that's been said here. When this restaurant originally came up, I kind of thought when you had an opportunity to get two signs, you should have put one on the north and one on the south. I thought the one on the west sign was kind of redundant because once you gel in front of the building, you can tell that's the restaurant. I think you figured you made a mistake so now you want a third sign. Secondly, I drove out there coming from the south going north and really you gel a grade that goes up there even when this sign is up there. Because of the engineering building there, that round building, you're going to have some visibility probably with that building. So here, again, I think you're doing a good business there. We're glad to have you in town. But at this point, with the business you're doing, I dont think you need a third sign. Once the people find it, even if they go by it, they're going to see it and then they're going to tum around and came back. And I found from my own experience, when I miss a restaurant, and I find it and come back, I never miss it again. And you probably get a lot of repeat business. Thank you, Mr. Chairman. Mr. McCann: What we have as a rule is that if you can show us a real hardship for exceeding the sign ordinance, that you'd want a variance, you'd have to go to the ZBA. The standard is hardship. That is the real problem. I don't think with the current business climate that you have a hardship. I guess my only thought in visiting the site is the directional sign from the theatre because there's no real indication which restaurant is which. But I dont think that's a real problem. You know what a Champps looks like or you know what a Bahama Breeze looks like. You kind of got your choice. What about the tree that was removed. Are you familiar with that? Can you tell us aboutthat? 19716 Mr. Witworth: Yes, sir. As part of about a $30,000 fix up/renovafion, we're going to fix that landscaping issue. All of them ... within the next three weeks, if not sooner. Mr. Shane: If you had to choose between the sign on the porlecochere and the sign on the north side, which one would you choose? Mr. Witworlh: You know I'm not really authorized to make that choice. Mr. Shane: Which one gives you the best advertisement, the one on the north or the one that faces west? Mr. Witworth: I think its the one on the north. Mr. Shane: Why don't you take the one off the front and put it on the south side? Take one sign down and replace it someplace on the south side if that's what you want to do. Mr. Witworlh: Would that be acceptable if we got rid of one of the other signs? Mr. Shane: It would be to me. Mr. McCann: Do you want us to table it and review that possibility? Mr. Schaffer: Ifwe go through tonight and say we are denied, we could then go to the ZBA? Mr. McCann: You could appeal our decision to the City Council. Mr. Schaffer: We could not go to the ZBA from this point? Mr. McCann: No. Mr. Pastor: It would go to the City Council and then to the ZBA. Mr. McCann: Only if the City Council approves ... Mr. Pastor: Right, or denies it. Mr. Schaffer: I think we will stand for a vole tonight. Mr. McCann: All right. Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one, a motion is in order. 19717 On a motion by Mr. Pastor, seconded by Mr. Piercecchi, and unanimously approved, it was #09-123-2002 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2002-08Sh403, submitted by Pentagon Center Condominium Association, on behalf of Bahama Breeze, requesting approval for additional wall signage for the restaurant located at 19600 Haggerty Road in the Southwest%of Section 6, be denied for the following reasons 1. That the applicant has failed to comply with all the requirements outlined in Section 18.50H of the Zoning Ordinance; 2. That the applicant has not justified the need for any additional signage for this location over what already exists on the building; 3. That additional signage is not necessary due to the fad that this restaurant has great visibility from Haggerty Road, has a unique architecture that attracts attention to it and is part of a very busy entertainment campus; 4. That approving a roof mounted sign would set an undesirable precedent for the area; 5. That the Petitioner comply with the Building Department's request for the trees and the signs to be brought back into compliance; and 6. Approving this application would not be aesthetically in the City's best interest. Mr. McCann: Is there any discussion? Mr. Pieroecchi: I would just like to commentthal I think Section 18.50h has been stretched far enough now by allowing the second sign, and then to go again and then be 66' square feel in wall sign area over and above what's allowed in Section 18.50h is really stretching it. Mr. McCann: I would like to say I think you're a good corporate neighbor. We're very proud to have you in our City. We're glad that you're doing extremely well. But we have to be fair to all business. We try to limit the number of signs. But you understand where we're coming from. We think you're doing a great job over there and I applaud you on that. But l dont think its appropriate. 19718 Mr. LaPine: Before the vote, can I askjust one question of Mr. Shane? I agree withyourplan. My understanding is that if they should go that route somewhere along the line, the sign that's on the west side would be moved to the north, not the 106 square foot sign that they're asking for. Mr. Shane: That's right. Mr. Alanskas: Not on the roof. Mr. Pastor: I wasn't approving the original sign package. Like all corporate cifizens, they need to be on the same competing field, one wall sign deserves one wall sign for every building in there. So, again, if they were to do that, I would still be against it like I always have about signs in the city. Mr. La Pine: Doesn't Champp's have two signs? Mr. McCann: Champp's has three signs. Mr. Pastor: I was against Champp's and the same for Alexander's. Mr. McCann: Champp's got there before you. I think it also has to do with the size of the signs. The Bahama Breeze sign you have there is quite large out front. 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. On a motion duly made, seconded and unanimously adopted, the 851st Regular Meeting held on September 24, 2002, was adjourned at 9:25 p.m. CITY PLANNING COMMISSION Dan Piercecchi, Secretary ATTEST: James C. McCann, Chairman