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HomeMy WebLinkAboutPLANNING MINUTES 2003-03-1120149 MINUTES OF THE 861"PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, March 11, 2003, the City Planning Commission of the City of Livonia held its 861s' 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 Walsh Carol Smiley Members absent: None Messrs. Mark Taormina, Planning Director; Al Nowak, Planner IV; Bill Poppenger, Planner I; and Ms. Marge Roney, Secretary, were also present. Chairman McCann informed the audience that if a petition on tonighfs agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat anc/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and the professional staff have reviewed each of these petitions upon their fling. The staff has furnished the Commission with both approving and denying resolutions, which the Commission may, or may not, use depending on the outcome of the proceedings tonight. ITEM #1 PETITION 2003-01-01-04 OPEN DOOR CHRISTIAN Mr. Pieroecchi, Secretary, announced the first item on the agenda, Petition 2003- 01-01-04, submitted by Pastor Mark Freer, on behalf of Open Door Christian Church, requesting to rezone property at 16751 Middlebell Road located on the West side of Middlebelt between Munger Avenue and Su Mile Road in the Northeast '/. of Section 14 from OS to RIF. 20150 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? Mr. Nowak: There is one item of correspondence from the Engineering Division, dated February 10, 2003, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. No further right -0f -way dedication is required. The following legal description should be used in conjunction with this petition. 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? Pastor Mark James Freer, Open Door Christian Church, 29520 Munger, Livonia, Michigan 48154. Mr. McCann: Is there anything additional you'd like to tell us about the petition this evening? Pastor Freer: The purpose is to join the whole property as one. When we purchased it a year ago, we tore down an old home that was in pretty sad condition. We've deared the area, planted grass and cleared out a lot of dead trees. We want to make something nice visually to the church from Middlebelt. There are no plans to build anything on that property. The only thing we want to do is put a sign on the property on Middlebelt Road. That was our main reason for purchasing it. Mr. McCann: All right. Thank you. Are there any questions from the Commissioners? No? Is there anybody in the audience that wishes to speak for or against this petition? Steven Band, Band Commercial Real Estate, 30600 Telegraph, Suite 2250, Bingham Farms, Michigan 48025. I'm one of the members of the Kings Row Shopping Center. I'm speaking on behalf of Kings Row. I talked to Mr. Nowak regarding this. I guess part of the question on his land is, there is no plan at this point to do anything with that parcel. Our concern is, due to the nature of the center, there is someone in there that does sell wine. We are under the impression that if any kind of building or structure is on there, there may be an issue with the licensing, and what can go in the center, because there are certain uses that can go 20151 in next to a building that may be next to a church facility. I guess apparently this may be under State control? Mr. McCann: There are state and local controls, and it has to do with the sale of beer, wine or liquor within a certain distance of a church. However, if you're the preexisting condition, you'd be grandfathered in, I believe. Is that true, Mr. Taormina? Mr. Taormina: That would be the case. As I understand it, the Wine Source is the tenant that you're referring to at that plaza? Mr. Band: Right, but we may end up changing units for them, or someone else may come in. Originally, when we did the addition, they were supposed to go in where the current suntan salon is. We came before this Board and the Council. That was the one that was there. I think we're within, I'm not sure if its a 200 fool rule, 400 foot or yards, however it applies. And I understand an issue may come in with grandfathering, but we were told that the State may be the overseer on this. If theyre saying, "Look, there is going to be no building on this," that's another issue, but if a couple years down the way, they decide to build on there, we may have a limitation. The question is how to grant them what they want and not tie our hands. And l cant answer that. Mr. Taormina: Well, I dont think it's something that can be answered at this point in time. It may be that a portion of the existing building already is within 400 feet, which is our requirement as far as the minimum distance between this type of licensed establishment and a church. But I think as Pastor Freer indicated earlier, they have no planned expansion at this point in time, and it's likely that any future expansion may actually be on the existing building to the north. Maybe he can clarify that. Idontknow. Mr. Band: We know plans can change. Is there anyway to grant what they want and give us a permanent variance in case we need it? Mr. McCann: I dont think it would be good public policy to do that: to plan to limit a church's right to expand based on a developer saying someday in the future I may want to put a liquor license there, so I dont want a church there. So at this point, we have this before us to change the land into an RUF zone. That is the issue before us tonight. Further, if you have a current license, you're entitled to keep it. If there is a problem and you need to move them within the mall, and it may be even closer to the church, that's something that can be taken up with the Zoning Board of Appeals. We've had this happen before where the liquor license at Showernan's moved actually closer to the church. But because it was an existing license, that was 20152 something that was granted a variance. But it's not something that we can condition with any type of zoning. We don't even have that rightto condition the zoning. Mr. Bands: We just dont know how to deal with it. The problem could come up, and we're trying to see what may happen in the future. Paster Freer: I could add that when we were in Northville, they put a bar in right next door with an 4oining wall to our church downtown. The Slate Liquor Control Commission said, 'We have no problem with that." Even if we had an objection, the Liquor Control Commission said that it was an existing license in another part at the town, but they put it there. Mr. McCann: We're getting pretty far adrift. The question is whether RUF is the proper zoning there. That's the issue before us tonight. Obviously, that's something we have to deal with, not regarding the liquor license laws. Is there anything further? Mr. Bands: I don't know if there's anything else to ask. Those are our concems. Mr. McCann: I understand. Is there anybody else wishing to speak for or against this petition? Seeing no one, I'm going to dose the public hearing. A motion is in order. Mr. La Pine: First, I'd like to say I was out to the diuroh, and the Pastor was very congenial to me and Mr. Piercecchi. He gave us a tour of the church, and he really did a nice job on that sanctuary. It used to be gym. He basically wants this parcel just so he can get a sign. He told us what he paid for it, which was a lot of money. I give him a lot of creditfor doing that. On a motion by Mr. LaPine, seconded by Mr. Shane, and unanimously adopted, it was #0333-2003 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 11, 2003, Petition 2003-01-01-04, submitted by Pastor Mark Freer, on behalf of Open Door Christian Church, requesting to rezone property at 16751 Middlebelt Road located on the west side of Middlebell between Munger Avenue and Six Mile Road in the Northeast % of Section 14 from OS to RUF, the Planning Commission does hereby recommend to the City Council that Petition 2003-01-01-04 be approved forthe following reasons: 20153 1. That the proposed change of zoning is compatible to and in harmony with the surrounding uses and zoning districts in the area; 2. That the proposed change of zoning will provide for the entire site owned by the church to be similarly zoned; 3. That the proposed change of zoning will provide for the use of the subject property for churclrrelaled purposes; and 4. That the proposed change of zoning will remove unused nonresidential zoning in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. Itwill goon to City Council with an approving resolution. ITEM #2 PETITION 2003-01-01-05 K P BUILDERS Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2003-01-01-05, submitted by Ronald Parz, on behalf of K P Builders, requesting to rezone properly at 35300 Joy Road, located on the north side of Joy Road between Wayne Road and Harvey Avenue in the Southwest''/. of Section 33 from RUF to R-1. Mr. Alanskas: Mr. Chairman? Mr. McCann: Yes, Mr. Alanskas? Mr. Alanskas: Due to a conflict of interest, I will not be participating in this petition. Mr. McCann: Lelthe record reflect that Mr. Alanskas is stepping down. 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? Mr. Nowak: There are two items of correspondence. The first letter is from the Engineering Division, dated February 12, 2003, which reads 20154 as follows: 'Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have objections to the legal description and the proposed layout contained in the submittal. The legal description has a closure error of 1.21 feet, which is unacceptable in a 1,356 foot circuit. The error appears to be clerical and if the bearing that reads, '01 degrees 59 minutes 10 seconds' was changed to '01 degrees 50 minutes 10 seconds,' then the legal would match that which is in the City's system and have an acceptable error of closure. The following items are problems or concems the Engineering Division has with the site layout. (1) The right-of- way is only 50 feet wide with no apparent hardship as to why it could not be made a standard 60 feet wide. The problem with a 50 foot right-of-way that includes a 28 foot wide roadway and 5 foot wide sidewalks is that t doesnY allow for adequate room between the sidewalk and back of curb for the placement of trees in the public right -0f -way (only a 5 foot wide strip of green space). (2) The mad is more than 300 feet long and does not provide for a cul-de-sac tum around at the end. This is unacceptable to the Fire Department. Attached is an acceptable alternative that makes the mad less than 300 feet long and gives the developer the same number of lots. (3) The Engineering Division will not allow for the placement of a 5 foot wide greenbelt area along the west property line that is not part of the public right-of-way. These are general referred as buffer strips and are considered anti -development in nature. It should be noted that the developer would be required to meet the requirements of the Wayne County Storm Water Management Ordinance for the proposed development." The letter is signed by John P. Hill, Assistant City Engineer. The second letter is from Darwin and Linda Glass, 35380 Joy Road, Livonia, Michigan 48150, dated February 6, 2003, which reads as follows: "We are wiling this letter to express our views on the request you are looking into for rezoning the property at 35300 Joy Road from RUF to R-1 residential. We have lived here for 30 years and enjoyed the open space and not Irving in a subdivision. If the property next door is rezoned to R-1 residential, our house will now become part of a subdivision even though it will be RUF zoning. The developer has made it a point to come to our house and tell us all the negative things that this project will impact our property. He then offered to buy our property at well below market value. Needless to say, we refused his offer. The developer went over his layout of the project with us pointing out that he was going to surround the new public road with a five foot strip of land which he would put in trust in his name, which means he would be the only one that could develop our property with access to the so-called public road. Looks to us like a private road that will be plowed and 20155 maintained with Livonia tax dollars if he is allowed to do this. If the City of Livonia approves this project, we would ask that the developer not be allowed to seal off the new public mad for his private gain by putting a strip of land in trust that would seal off the road. We would also request that the developer be made to put up a fence between the project and our property for the following masons: (1) There is an existing fence the full length of the property now. (2) We keep our whole yard neatly maintained and without a fence. We feel this nice open space will be an invitation for the children in the subdivision to use it for a playground. Also, the people from the subdivision will think it would be a great place b walk their dogs to take care of their potty needs. We do not need these hassles created by this project. We really think it should be a privacy fence. Nothing less than a four foot cyclone fence should be considered if you approve this pmject. We thank you for your consideration and would like to extend an invitation to all Council and Board members to stop by our home and see how this proposed project will impact the area." That is the extent of the correspondence. Mr. McCann: Is the pefitioner here this evening? Ronald Parz, KP Builders, 31153 Plymouth Road, Suite 104, Livonia, Michigan 48150. Mr. McCann: Is there anything additional you'd like to tell us about your petition? Mr. Parz: I withdraw the subdivision plan. I'm here to talk about if this is the right piece of properly to rezone R-1. Does it ft with the City of Livonia's overall plan for l-1 zoning, and is it a benefit to the City of Livonia that R-1 zoning proceed? Mr. McCann: All right. Mr. Parz: That's the question before the Planning Commission. Mr. McCann: I assume that your position is that R1 is a proper zoning. Do you want to tell us why? Mr. Parz: I would think that R-1 is the proper zoning for that particular site considering that my neighbors to the east of me all live in R1 zoning. Most of the houses in that particular area, within a quarter of mile either which way of me, sit on R-1 zoning homes - a zoning that was put in place 60 and 70 years ago, being RUF, in order to control such things as water quality and septic because there are no sewers over there. We wanted to insure 20156 that people had one acre lots, etc., etc., is maybe not apropo today, 60 years later in a highly urbanized area and considering that you have now sewer and water, which are both a public use. So therefore, in going with the City of Livonia's principle . . . I just drove into the City today, there's a little sign 'Where families comes first,' ... one house on two acres, I would think is one thing, but to have six or seven houses on 60 fool lots ... as a matter of the fad, the lots would be a little larger than 60' x 120'. It would be a larger lot, would probably be better for the City of Livonia from the standpoint of taxes, from the standpoint of school revenue, of which I understand that the City is going to be suffering from both and its school system. All of this helps to do this. So it fits the philosophy of the City of Livonia: families are first, that we encourage family development, that we encourage single-family development. I'm here to work with the City. Mr. McCann: Thank you. Are there any questions from the Commissioners? Mr. Shane: Mr. Parz, how long have you owned the property? Mr. Parz: I've owned the properly since May, 2002. Mr. Shane: Is there a current resident on the property? Mr. Parz: Yes, there is. Mr. Shane: Renting the property? Mr. Parz: Yes, there is, and d is so filed with the City of Livonia that its a rental property. Mr.Shane: Thank you. Thats all for now. Mr. La Pine: Mr. Parz, I agree with you. The parcel to the east is all R-1 and there are some parcels to the west that are R-2. But there are also some parcels in the rear that are RUF. You don't feel that this can be developed with two lots or three lots? Mr. Parz: You know something? I had a long discussion with the Berean Bible Church. Is that what you're speaking to, the property to the north? Mr. LaPine: Right. Mr. Parz: They had indicated after I had provided them with a series of plans and worked with both the Pastor and, I guess, the elders, they felt that their original intent of purchasing that property 20157 some 50 years ago is sell what they wished to do in the way of God's work. Their idea is to continue with the Berean Baptist Church there and one day to develop a senior citizen facility for their denomination. Now understand, when I did work with them closely in developing this site, that was with the intent of going in and doing something in the way of a senior citizen development there. Mr. La Pine: Okay. Assuming that it was rezoned to R7, the Engineering Department stated that there is "no apparent hardship" not to put in a standard 60 foot wide road. Would you be willing to put in the 60 foot wide road? Mr. Parz: I'd be willing to put in either a 60 foot road or a private road, whatever the case may be to accommodate the City. Mr. LaPine: Okay. Thank you. Mr. Walsh: Lel me back up and tell you a little bit of our discussion. Al the study session last week, we believe that you may be able to gel three lots in there in with its current zoning. Have you considered that as a possibility? Mr. Parz: No. Mr. Walsh: So in order to develop it in your manner, you must have R-1? Mr. Parz: Well, you know something? My question for the City is: Is this the highest and best use of the property, Mr. Walsh? When an investor looks at the property, when you look at it, do you say that three lots versus seven lots is the highest and best use of the property? Will somebody come in and pay me for houses that come in maybe at about $185,000 to $220,000? Will somebody come in and pay a much higher figure than that? So, I would think that in looking at the property, I should be entitled to the highest and best use of the property, given the surrounding neighborhood. Mr. Walsh: All right Thank you, Mr. Chairman. Thank you, Mr. Parz. Mr. McCann: I guess, Mr. Parz, just to play a little of the devil's advocate, I don't believe people should pay property taxes for the benefit of all the neighbors. But on the other hand, I believe that its appropriate and good city planning to have mixed uses. We have commercial; we have R7; we have R-2; we have R3; we have R4. Mr. Parz: Correct. 20158 Mr. McCann: And we don't say, okay, this end of the City or this portion of the City only gets R-1. We have R-1 in the north and we have R4 in the north. I think as the City has been developed, there has been an effort to try and retain larger parcels of land. Obviously two acres is a little bit much, but is there someplace in between that could provide ... Mr. Parz: Well, Mr. McCann, lel me explain to you that I agree that some parts of the City have 1A and 4A, whatever you discussed about. But I'm using a future plan use for the City of Livonia that you people have approved, that the Council approved. They have indicated to me on this plan, where my property is located at, that they said low density residential housing from one to five acres. I have two acres over there, and I'm only proposing seven houses where this plan that you have approved allows me to put in ten. Mr. McCann: It also allows you to maintain it in RUF status loo. Mr. Parz: You know something? You're absolutely correct. I don't want to maintain it that way. That's why I'm coming over here to talk to you about changing that. Mr. McCann: I'm just seeing if there was any in between. Thank you. Mr. Parz: Thankyou. Mr. Piercecchi: Mr. Parz, you mentioned seven homes in this area. Have you looked at how many homes you could put in there by retaining the RUF? Mr. Parz: I have no idea. If you can give me seven, I'll retain this RUF in there. Mr. Piercecchi: I would assume ... Mr. Parz: Two? Mr. Piercecchi: According to my information, a two bedroom home, you should be able to gel two of them in there per RUF acre, that would be about four. I don't know if you could actually get four by the time you get a road in there. Mr. Parz: That would be very tough. By the time you put the sewer, the water, the road, etc. and etc., the costs become prohibitive because what happens is by the time you do the approach and you figure out that you have to do what the Engineering 20159 Department says over here, that I've got to comply with the new Wayne County sewer and water and this and that, it becomes cost prohibitive. So every time it would seem that we come over here and they say, give us less and less and less, there is a government agency someplace in America saying you've got to spend more, more, more. And at one point, you begin to break down or you simply say gve us more zoning or give us more lots to cover this cost. You're asking me to put a 60 fool road in? I elected to put a 50 fool road in. You said that's not good enough. So you ask me to put in an approach and make it smaller. Wayne County asked me to put some more sewer, more this, more that in. These costs become prohibitive. And all I do is pass these costs onto the taxpayer or the homeowner of the City of Livonia. Eventually, they say we can't afford to buy here the type of homes that I build. Mr. Pieroecchi: That letter, sir, that was passed on about the road and things of that nature, that would be phase two of this operation. Right now, our only concern is whether the RUF zoning should be retained or should it be changed to R-1. That's what we're discussing here. Mr. Parz: That's true. Mr. Pieroecchi: But it doesn't hurl your cause to let us know exactly what your basic plans are. Mr. Parz: My basic plan is that the subdivision that I built on Plymouth Road west of Newburgh at Jughandle, I intend to develop the same type of product over here on bigger lots. Mr. Pieroecchi: But it looks like its a very difficult piece of property to develop. Mr. Parz: Pardon? Mr. Pieroecchi: It looks like It's a very difficult ... actually, I don't know if you're aware of it ... the Engineering Department gave us an alternate type of plan. Did you see that? Mr. Parz: You know something? I will tell you this: I would not, under good conscious, develop that piece of property that way in which the Engineering Department showed me. Mr. Pieroecchi: I'm not a developer. Mr. Parz: It was done as an aid to me. But if you look at what that property has over there, that property has some unique features on it. Okay. And unique features are really the trees that are on 20160 there. There are some very nice stands of trees. So I teed the buffer belt, I tried to talk to homeowners which you people always encourage me to do before coming over here, etc., etc. Sometimes it works; sometimes it doesn't work. Okay. See what happens? I engaged who I thought was the best planner in the City that I knew of, that's Mr. Nagy that came up with this idea. It didn't work. The City Engineer Vied to help me out. The Engineering Department tried to help me out and put something over there, but it doesn't work either. So something else has to come up, something I'm thinking about. But you want to know something? Al this particular time, we're talking about the R1 zoning and that of RUF zoning, and we're getting oft focus over there. But I appreciate you're helping me, though. Mr. McCann: Thank you. Seeing no one else, I'm going to go to the audience. You'll have an opportunity after the audience. You can come down to either podium and please give us your name and address. Donald DeVore, 8853 Russell. My house backs up directly to this piece of property. The petition, signed by almost 100% of the people surrounding this piece of properly, opposes this rezoning. Our reasons are many. First oft, on two-thirds of the sides of this property is still, as you mentioned, zoned RUF. I realize there's a lot of R7 around there, but two-thirds of this border is zoned RUF at this point. Safety issues, we're including school bus issues as far as the school bus having to possibly back up into this or around this dead end street. Along the same lines, you have garbage pickup, street cleaning and snow removal. All of that is going to be kind of difficult on a dead end street. Also, the green space he's talking about, this five foot green space and saving these trees. These trees are 40 - 50 - 60 feet tall. Five feet of green space is not going to contain that. On the east end of the property, directly behind me, his plan calls for a retention pond. I don't know about you, but I dont know if we need anymore standing water silting around, especially after last years mosquito problem. And you're just talking about the general destruction of the woods and open space that everybody in this neighborhood enjoys at this particular time. One more thing is, this is a copy of the January 29"' minutes from the City Council meeting. The resolutions unanimously passed as to save RUF and R5 zoning. This goes along with House Bill 5029. And the last piece of information, Mr. Parz claims he owns this property since last May. As of today in public records, the name on this piece of property is that of Peggy Schron, who is the wife of the City Engineer. So I just wondered if the Planning Commission could maybe look into that and dear that up for us. 20161 Mr. McCann: That's not something that the Planning Commission looks at. They have to provide ownership as far as when they file the abutting documents. That's something the Planning Department would look at. The petitioner has a right to petition to change the zoning on the property. If it hasn't caught up to the City's Assessors Office, then that may be a case between registering .... Mr. Devore: I understand Wayne County is pretty slow at this stuff, but from May, I mean we're talking nine months. That's a long time. Mr. McCann: Being in the field, I understand that does happen, though. Mr. DeVore: Do I hand this petition in? Mr. McCann: Is that a petition? Mr. DeVore: It's a pettion. Like I say, its almost 100% all the way around. Mr. McCann: All right. We will put that in the file and make it part of the record and it will go on with our report to the City Council. Mr. DeVore: Okay. Mr. McCann: Mr. Taormina, is there anything additional you'd like to add? Mr. Taormina: No. Mr. La Pine: Mark, if that protest petition goes to Council, do they have to get six votes? Mr. Taormina: If it is determined that it meets the criteria of the ordinance and constitutes a valid protest petition, then, yes, at the time of the Council vole, ilwould require a three-fourths majority vote. Mr. McCann: Thank you. Sir, name and address please. Jim Richardson, 35460 Joy Road. That's about four lots down from where this rezoning petition is from. My problem with it, I'm dead set against it. My problem with it is I live on this 1.2 acres there. It's rural to me. I bought it because it was rural. Improvements or changes to R1 just add more people in the area. I'm not against more people in the area, but I am against it in this location. Joy Road is a two-lane road. I think more traffic would be encountered because of it. I also have right-of-way for elechical, cable and telephone lines on my properly. I assume the improvements for the change here to R-1 would require new 20182 electrical service, cable service and phone lines through my property. I like it the way it is. I dont need any additional power lines or anything running through there. Also, I assume that on the front part of the properly they'd give 18 feet to the City for right-of-way. Is that correct? Mr. McCann: That's something that would have to go before the Engineering Department and City Council. Today, we are just looking at whether or not it is appropriate to change the zoning from RUF to R-1. Mr. Richardson: As it stands, RUF, that 18 feet belongs to the current property owner. There are four lots that own that 18 feet. I just view this as if they expand Joy Road in the future to a four lane road or a five lane road, they'll be coming after 18 fe et of my property. Mr. McCann: Probably. Mr. Richardson: I'm dead set against that. And I assume the two property owners due west of this piece of property would not care for that either. Mr. McCann: Thank you. After this gentleman, if there is no me ready to speak, I'm going to dose the public hearing. If there is someone, please come forward and be ready to speak. Sir, name and address please. Tom Hamman, 35335 Joy Road, Westland, Michigan. I'm the one you're going to pay the least attention to. I live in Westland. But his street is going to dump right into my driveway. I'm right across the street from this property. The reason I bought my property is so I wouldn't be living in a subdivision. Now you guys and gals are telling me you want to put a sub in? Mr. McCann: We're not telling you anything. We're here to listen to the arguments for and against the rezoning, and then we will make a decision and recommendation to the City Council. That's all. Mr. Harriman: Then I plead with you, don't do it. It's a great area. The neighbors across the street, that's a quiet area. I grew up in Detroit. You guys have no idea how good you have it out here. I can't believe Livonia needs the taxes that lheyre going to get from these six small homes that this guy is going to put up. Theyre just like down the street. Fill up a couple of these strip malls and you'll get more than enough lax money. Give the homeowner a break for a change. These people all bought over there because it's rural. They're not looking for a whole bunch of neighbors. I can't believe, for starts, that getting out of my 20163 driveway is going to be easy. You're going to have a street dumping into my driveway. Where there's one home, now there's going to be seven. I believe their detached condos, is what they really are. Mr. McCann: They would be individual homes. Mr. Hamman: Individual homes. Okay. Even individual homes, two cars to a house. What do you got? You've got 12 more cars coming out this little drive and dumping into my driveway. I'm not happy about it. Don't do it, please. Thank you. Mr. McCann: Seeing no one else, I'm going to close the public hearing. Mr. Parz, you have an opportunity to speak before we vote. Mr. Parz: Yes, as I said, the type of housing I'll build over there will be the type of housing I have erected on Plymouth Road west of Newburgh. The houses sell for approximately $275,000 - $300,000. The size of the lots I'm proposing to put up over there will be approximately 62' wide. The lots will be 140' deep. I will end up changing the configuration of the entranceway. We will make an honest effort to save those large trees over there. As you've heard the gentleman say, he doesn't want any more mosquitoes over there, but you know something? I've got to comply with the Wayne Counlys new rules in doing certain things. And to accommodate all those particular costs that will be added in over here, I need to spread those costs across that. In addition to that, the City of Livonia's policy is that it's families. I'm willing to build single-family houses similar to the style that I said I built at Joy Road. Now as for taxes, those seven little houses will generale probably about $30,000 a year just in property taxes alone, let alone school taxes. So, with the budget constraints, I've tried to help the City out, tried to help myself out, and tried to do the right things. I hope this Planning Commission sees the value of going with single-family homes over that of RUF, which is an old zoning, no longer needed in an urban and intense area that we have today. Thank you. On a motion by Mr. Walsh, seconded by Mrs. Smiley, and adopted, it was #03-34-2003 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 11, 2003, Petition 2003-01-01-05, submitted by Ronald Parz, on behalf of K P Builders, requesting to rezone property at 35300 Joy Road, located on the north side of Joy Road between Wayne Road and Harvey Avenue in the Southwest''/. of Section 33 from RUF to R-1, the Planning Commission does hereby recommend to 20164 the City Council that Petition 2003-01-01-05 be denied for the following reasons: 1. That the proposed change of zoning will adversely alter the character of the subject area; 2. That the proposed change of zoning will provide for development that will increase traffic in the area; 3. That the current zoning classification adequately provides for the ulilization of the subject property; 4. That the current zoning classification of the subject property is consistent with the zoning of other similarly situated properties fronting on Joy Road and on Ann Arbor Trail in the areas to the west and north; and 5. That the proposed change of zoning will not provide for the development of he subject properly in a manner that will be compatible with other properties in this general area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. McCann: Is there any discussion? Mr. Walsh? Mr. Walsh: I'd like to indicate that Mr. Parz has done some fine work in our City, both residential and commercial. I would like to work with him on this, but I really do believe that RUF is appropriate and can continue in that manner. That's the reason why I offered the denying resolution. Mr. Shane: I echo your sentiment with regard to Mr. Parz, and I appreciate his position on highest and best use for the property. It's a real estate term. But from a planning standpoint, highest is not necessarly the best, and I don't think it is the best in this particular case to rezone it to R-1. I might be convinced to rezone it to something between R1 and RUF, but that is not what is before us. I think that I might be more comfortable if his property were attached to, or in conjunction with, some more property in the area so you'd have a more comprehensive plan. And I don't want to interrupt the quality of life that these folks have down there either. That's why I'm going to vote for the denying resolution. Mr. McCann: I was going to say something, but you look the words out of my mouth, Mr. Shane. Please call the roll. 20165 A roll call vole on the foregoing resolution resulted in the following: AYES: La Pine, Smiley, Shane, Walsh, Pieroecchi, McCann NAYES: None ABSTAIN: Alanskas ABSENT: None Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with a denying resolution. Lel the record show that Mr. Alanskas returned to the podium at 8:15 p.m. ITEM #3 PETITION 2003-02-01-07 LEO SOAVE Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2003-02-01-07, submitted by Leo Soave requesting to rezone properties at 32415 and 32421 Seven Mile Road located on the south side of Seven Mile Road between Brookfield Avenue and Canterbury Drive in the Northwest''/.of Section 10 from RUFC to R-3. Mr. McCann: Is there any correspondence? Mr. Nowak: There is one item of correspondence from the Engineering Division, dated February 13, 2003, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. No further right -0f -way dedication is required. The legal descriptions as contained in the petition should be changed to include the following phrase, 'also excluding the North 60 feet thereof taken for mad purposes.' The areas should be changed to 0.317 acres (West Parcel) and 0.440 (East Parcell. Our records indicate that the 60 feet for Seven Mile Road has been previously dedicated for mad purposes. 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? Leo Soave, Leo Soave Building Company, Inc., 20592 Chestnut Circle, Livonia, Michigan 48152. I'll be glad to answer your questions. Thank you. 20166 Mr. McCann: Are there any questions from the Commissioners? None? It is my understanding that this petition is not for any new development. These properties will now simply be conforming to R-3 zoning. Is that correct? Mr. Soave: Yes, sir. Its more or less a housecleaning petition. We made a mistake on the original petition, so we are trying to fix it with this second petition. Mr. Piercecchi: Wasn't there a few feet of property here that was discussed in the study session? Mr. McCann: Yes. Mr. Taormina brought that up. That will be reflected on the other petition before Council so that this rear piece could be attached to the condominium association at some point, although it is not before us tonight. Mr. Piercecchi: But then every lot will be conforming, correct? Mr. Soave: Are you talking about the three feet that is deficient? Is that what you're talking about, Mr. Piercecchi? Mr. McCann: Yes. Mr. Soave: Right. That's already part of the contract. We are going to give him three feet to make his frontage 80 feet on Seven Mile Road. It's in the works already, sir. Mr. McCann: Okay. Mr. Alanskas: Do you have any other plans to rezone other property on Seven Mile from RUF to R-3? Mr. Soave: No, sir. Just what's been filed so far. Mr. Alanskas: Thank you. Mr. McCann: Is there anybody in the audience that wishes to speak for or against this petition? Richard Lahay, 19000 Mayfield. Roughly, its a short quarter mile west. When we moved here, which was 22 years ago, this was a nice rural area. It's changing, but it's changing in such a way that the Nature Preserve is going to become a swamp. There is insufficient water retention planned for the overall area that Mr. Soave has worked on. In the sad state of Seven Mile Road, there's nothing but runoff that's going to go to the Nature 20167 Preserve. With our West Nile scare of last year, we dont need that extra water. Plus, its going to create a problem on Seven Mile Road. Now, you had a petition before you a month ago for a combination towards the rear of these properties. This is towards the front. If you change it to the R-1 zoning, you're going to completely change the aspect of this property, and I live there. I would hope you won't do that. Mr. McCann: Sir, I may be able to alleviate a little of your concem. The two paroels in question will not create any new residences. Theres two homes on these paroels. Mr. Lahay: Yes, there are. Mr. McCann: Right. This petition will not change that situation. All this petition is doing is making the property conforming based on the prior change of zoning. They are in RUF. They don't meet RUF anymore. They meet R3 because of the change in the rear of the parcels. So what they're doing is trying to make it conforming zoning for the homes. That is what this petition is requesting. Mr. Lahay: The houses there will not be taken down? Mr. McCann: No. This has nothing to do with new construction or new buildings. This is just to make the existing parcels conforming. Mr. Lahay: That being the case, it may be. But I do think some extra thought has to be put into the water retention. Mr. McCann: We are working on that very seriously throughout the City. Will this meet the new Wayne County standards, Mr. Taormina? Mr. Taormina: Yes, it will have to. Mr. McCann: Okay. Under the new Wayne County standards, all new construction for the past year and a half now has to meet a certain flood level, and they have to retain the water on site. So this will actually dear up some of the flooding problems because this property can no longer be allowed to drain into the Nature Preserve. Mr. Lahay: Okay. Great. Mr. McCann: Thankyou. Richard Lorenzetfi, 32425 W. Seven Mile Road. If you change it to R-3 though, you will allow him, at a certain pant and certain time, to change 20168 his plan, and then to tear these houses down and add more. You have to admit that now. On that property, you could put two more houses on each of those lots the way you want to redo them now to R-3. Mr. McCann: No. Actually, my understanding is that the house on the west side will only allow for one home under R3. Mr. Taormina can correct me if I'm wrong. The east parcel may be divided so that a house could go to the rear. Mr. Lorenzetti: There you go. You could put in another house under R3. There is no guarantee that if you go to R3, that he's going to leave those houses there and not build another house there. Mr. McCann: Well, I don't think he would have to remove the two houses to put another house there. Mr. Lorenzelli: That's a matter of the mathematics involved. I dont know exactly how that breaks down to meeting R3. But the reason I came here anyways was, first of all, there is no sign on 32415 that says anything about any rezoning. There's no public sign. Isn't that required? Mr. McCann: Is there a sign on one of the properties? Mr. Lorenzetti: There is a sign at 32421 that only refers to that one piece of property, but not on 32415. There is no sign. Mr. McCann: Mr. Taormina? Mr. Taormina: It would be a matter of interpretation. Since this is being handled under a single petition, I would think that one sign would suffice for that. Mr. McCann: This is one petition before us. I think that was the intent to give people notice that the area .... Mr. Lorenzetfi: I think there should be a sign at each address. Don't you think? So that people know that this house and this house and this house are all supposed to be under the rezoning? I would think that's a good idea if you really want people to know. Okay. Anyways, I've talked to Mr. Candlish about this. He's the resident there. He's lived there longer than I have, which is longer than 25 years. He says he owns this property and he's not rezoning anything. Is his name on any of these petitions? Mr. Candlish? 20189 Mr. McCann: I believe this is an amendment to the original petition and part of the original agreement to purchase the rear property. As part of the sale, I was told that he wanted his property to be conforming before the sale is finalized. It was one of the agreements that Mr. Soave made with him, that his property would be conforming. Partly for mortgage purposes, sale purposes, or whatever, you want the property to be conforming. Mr. Taormina: If I can answer this gentleman's question, which was whether or not Robert Candlish is the owner of one of these parcels. His name does appear on this petition and, in fact, he does provide his consent on the application for the rezoning. Mr. Lorenzetti: So Mr. Candlish has that in writing? He has told me directly that he never ... and there's no sign on the front of his house. And Mr. Candlish is 85 years old, and I'm not sure he really knows what's going on. I'd like to make sure that he is aware that his property is being rezoned. Mr. McCann: Well, sir, he is not here, but we do have a signature from him and an application. We have to presume that it was his intent to go forward on this. Mr. Lorenzetti: I heard you earlier talk about who owns the property and who is allowed to ask for the rezoning. I dont understand because like I heard before, the Assessors Office says that Mr. Candlish owns the property. The County Clerk's Office says that Mr. Candlish owns the property. There are no deeds of any kind that have been altered at all. It seems now there is no sign to even warn Mr. Candlish. I wonder really if he understands what's going on. Mr. McCann: Well, sir, if you'd like to come back during normal business hours of the City, they can provide you a photocopy of the application which provides his signature. Mr. Lorenzetti: Well, yeah, I know I can get that. I can come back tomorrow if I have the time to come in during the day. I'm just concemed about that. Who can come here and what proof does Mr. Soave offer that he actually owns the property? If the County Clerk says that he doesn't own, the Assessor across the hall says he doesn't own it, Mr. Candlish has told me he doesn't own it. There's no sign here that says there's any rezoning. On what basis does he have the right? Mr. McCann: Mr. Candlish signed the petition. 20170 Mr. Lorenzetti: Okay. The property at 32421 is owned by some renters, okay? I mean they live there. They are the residents, the renters. If you go across the hallway, by the way, to the Assessors Office, theyll tell you that Mr. and Mrs. MacDonald own the property. Those people died four years ago. Of course they can't be here. If you go to the County Clerk, theyll tell you that Mr. Soave filed a warranty deed in '99 on this properly, and I wonder just why the tax assessor doesn't know this. And why the proper tax that should come to the City of Livonia is still being sent in the name and in the price that the person would pay that died four years ago? Mr. McCann: We're trying to deal with zoning. That's really the issue. Mr. Lorenzetti: I realize that. Mr. McCann: Sir, we have to rely on the professional staff who tell us that these are property fled. The Clerk's Office reviews them. The City Attorney's office and Mr. Taormina reviews them. By the time they gel to us, all the experts in the field have reviewed them, and we have to rely on that. Mr. Lorenzetti: Well, two years ago when they did the original zoning on the other piece of property, the City Council went as far as a resolution to put a sewer through the park. Someone didn't do their homework then either, and that turned out to be illegal. It was a big embarrassment to the City Council, as I recall. I would think that this is the time to do your homework and decide does this gentleman own this property? And if he does, why hasn't he paid the property taxes on the piece of property at 32421 over the last fours years? I've discussed this with the Assessors Office, and they said all he has to do is come and tell us. It doesn't have to come from the County - any backlog of paperwork that you mentioned before. All Mr. Soave has to do is come and tell him that he owns the property, and they'll change the tax records. That's all he has to do. So I wonder if Mr. Soave has been completely honest with everybody in the City of Livonia about this. That's what I wonder. And I'd like to ask him, right now. Mr. McCann: No. You have to address your questions to the Planning Commission. This is not a debate. Mr. Lorenzetti: Okay. Well, I'm sorry. Mr. McCann: Really, it comes to whether or not the zoning is proper. I will ask Mr. Soave to make sure that he gets the tax records deared up with the City's Assessors Office, but as evidently you found, 20171 he is the owner according to the deeds in Wayne County. The staff has checked it. The City Attorney believes it to be proper. We have to go by their recommendation. If there is an issue there, if you find something different, please present it to Mr. Taormina during proper hours, but tonight is really a zoning issue. Mr. Lorenzetfi: All right, then. I guess I'm through then. Thank you. Mr. McCann: Seeing nobody else in the audience that wishes to speak for or against this petition, I'll close the public hearing. Mr. Soave, you have the last word if you'd like it. Mr. Soave: Thank you very much. If I can answer the gentleman's questions? About a year ago, we mel in Mr. Taormina's office with my lawyer and Mr. Candlish's lawyer about the rezoning petition. He was deficient three feet in his property. If this transaction was completed, I would deed to him three feet of the adjacent property, which I owned for about four or five years. Also, as far as owning the properly, I closed on that about four or five years ago. I did file a property transfer affidavit back then. I dont know what happened, but all the taxes are current. I dont pay taxes on somebody else's property. I've owned the property about four or five years. That's all I got to say. Thank you. Mr. McCann: Thank you. If there is nothing further, a motion is in order. On a motion by Mr. Shane, seconded by Mr. Alanskas, and unanimously adopted, it was #0335-2003 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 11, 2003, on Petition 2003-02-01-07 submitted by Leo Soave requesting to rezone properties at 32415 and 32421 Seven Mile Road located on the south side of Seven Mile Road between Brookfield Avenue and Canterbury Drive in the Northwest''/.of Section 10 from RUFC to R-3, the Planning Commission does hereby recommend to the City Council that Pefifion 2003-02-01-07 be approved subject to the following conditions: 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 is consistent with the developing character of the area; 20172 3. That the proposed change of zoning is consistent with the Future Land Use Plan designation of Low Density Residential land uses in this general area; That the proposed change of zoning represents an extension of an existing zoning distad occurring on adjacent property to the east; and That a previous zoning change that has occurred in the area to the east has set a precedent for rezoning to the R3 classification; FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #4 PETITION 2003-02-01-08 NEW CAR ALTERNATIVE Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2003-02-01-08, submitted by Alan Tanski, on behalf of New Car Alternative, Inc., requesting to rezone property located south of Plymouth Road between Laurel Avenue and Wayne Road in the Northwest''/.of Section 33 from C-1 to C-2. Mr. Taormina presented a map showing the properly under petition plus the existing zoning of the surrounding area. Mr. McCann: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first letter is from the Engineering Division, dated February 21, 2003, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. The legal description as presented is connect. We have no objections to the proposal at this time. No additional right-of-way dedication is required at this time since this portion of the development is not adjacent to Plymouth Road. As we noted under Petition 2003-02-02-02, the storm sewer outlet shown is not to a City of Livonia storm sewer and would require a permit from the Michigan Department of Transportation. As alternates, the proprietor could use the existing City sewer in Laurel Avenue or 20173 could cross Plymouth Road to a City 72" sewer. The project should also be reviewed with Wayne County under their storm water management ordinance." The letter is signed by Robert J. Schron, P.E., City Engineer. We also have several letters from residents in the area. The second letter is from James and Nancy Arnold, 11205 Laurel, dated March 3, 2003, which reads as follows: We wish to submit this letter regarding the following petitions for improvements and additions at Mitsubishi Motors on Plymouth Road. Our names are James and Nancy Arnold. Our residence is 11205 Laurel, and we live south of the proposed sites. We feel our first priority is not to let ourpreperty value go down because we have a commercial business next to us. Therefore, we would like to address the following. Commercial Wall. The wall between us and the commercial land is four feet two inches (42) tall and the code is five to seven feet (5'-7). 1 propose the owner start by tearing down the old wall and erecting a new one which is up to code. The brickwork should match the building or be poured cement with a brick finish. We suggest a height of six feet (6). We are concemed about our privacy and therefore need a higher wall that extends the length of our property line. Also, we would like the wall to connect with the Burger King wall, having one solid wall. Men demolishing the existing wall, we need to save all our trees, bushes, etc., from damage, as much as possible. The new wall needs to be maintained by the owner for any damage which occurs to the new wall. Easement or Greenbelt What is proposed on the plans is maple and pine trees to be planted on the 10 ft. easement. There are overhead powerlines which the trees will grow into. We propose that the owner plant Pyramidalis Arborvitae starting at a height of 5 feet, which will grow to a height of 15 to 20 feet, to screen out any noises like air impacts, radios and people. This will also give us a higher, more natural screening. Grade: The grade from commercial to residential is a three foot drop, so a drainage plan should be in place so our yard does not flood. A wall should prevent con -off of any water that comes from snow or min. Lighting: We request that any lights on the south side of the addition to either be removed or put on poles facing north, so as to not shine in our house or our yard. Off-loading Cars: The off-loading of cars is now being done in the middle of Laurel Street. There are usually cars parked on both skies of the street, making it impossible to use our street and causing high accident potential. We have asked the drivers to unload somewhere else and were told there is nowhere to park while unloading cars. This takes from 40 minutes to an hour. Our concern is if we ever need an ambulance, they wouldn't be able to get down the street. It is very important to us that the dealership have a designated area to unload cars. When we were looking at plans, it looked like he 20174 could relocate the handicapped parking, making it easier access for a car hauler. Dumpster. The location for the dumpster is very good - 160 feel off Laurel on the south wall, but 1 would question the size of the area in which to put it. If the dealership will be doing bodywork, they will need more dumpster room or more frequent pick-ups. Our concern is seeing fresh piling up over and around the dumpster from our house or yard. Public Address System: We are totally against a public address system such as the one which is now being used. It is very loud and can be heard quite well sitting in any part of our house or yard. We propose the owner use a golf cart or phone system to page people. While there may not be an ordinance against having a p.a. system, we would appreciate it if the owner would find another way to communicate as a courtesy to his neighbors. Access Door. It is now proposed to be on the south side of the building. Because of the noise level, we request it be located on the west side of the building so the noise would be directed toward the commercial area, rather than the residential area. We will make available a copy of these requests to be initialed and signed by the owner prior to the work beginning. We appreciate your consideration in these matters." The third letter is from Bill and Edna Proctor, 11100 Laurel Street, dated March 3, 2003, which reads as follows: "We are concemed about the very loud speakers. We can hear them with our windom closed. Also, there needs to be a place for their car hauling trucks to load and unload on the dealership lot and not in the middle of our street" The fourth letter is from James and Sunday Dupuie, 11196 Laurel Street, dated March 3, 2003, which reads as follows: "Regarding Petitions 2003-02-01-08 and 2003-02-02-02, we wish to submit the following concems and/or requests. (a) We have experienced numerous and ongoing problems with the outdoor speaker system currently in place. As a condition of the final resolution approving the expansion, we request you prohibit outdoor loud speakers entirely and require the removal of any existing speakers. (b) The site plan does not show an area for car hauler loading/unloading. This ahvays occurs on Laurel Street and often in front of our homes at various hours of the day or night. (c) Per the site plan, we request the existing driveway approach entering off Laurel Street remain 'as4s' and a change be made with regard to the location of the 'handicapped parking'spaces to allow access for car hauler entry. (d) Per the site plan, we request the rear overhead door on the addition be relocated to the west side of the building and not facing south. (e) There are two exterior lights mounted on the south side of the building which are intrusive. We request that any exterior lighting be mounted on poles along the southern lot line with illumination pointing north toward the building. (f) We continue to be 20175 concerned with the volume of traffic on our residential street. The potential fora significant increase appears eminent. Thank you for your consideration in this regard." That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Bryan L. Amann, with the law firm of Brashear, Tangora, Gallagher, Creighton and Amann, LLP, 355 N. Canton Center Road, Canton, Michigan 48187. As I indicated, it is a privilege to be here really to address concerns from the Planning Commission. First, let me state that we appreciate the time and effort Mr. Taormina and the staff has put into this. Obviously, the comments in the letters had to deal with the first and the second item that are up regarding this matter tonight. As it relates to the rezoning, we believe it is in the best interests of all those involved to allay us, as Mr. Taormina said, to rezone this parcel of property to allow us to expand the business. I certainly appreciate that explanation. The more accurate explanation would be to expand the premises so that we can make the business fit within the premises so we can deal with those off-loading issues. We can deal with all those things, and give us the ground and the property to do that. We think it makes sense in light of that, parficulady in light of the surrounding zoning all being C-2 in terms of the way this is situated. So beyond that, I'll be glad to answer questions regarding the site issues on the next petition if you'd like. If you want to discuss them now, I'd be glad to do that in order to try to keep the issues in context of your analysis. Mr. McCann: We'll probably tackle a little of both of them, but I'll go ahead and start. Are there any questions from the Commissioners? I have a couple questions. Taking notes from the neighbors, first off, I think business has been good for Mr. Tanski. He's grown there quite a bit. It looks good. I like what he's done. I bought a car from him. But as Mr. Tent, who used to be a Planning Commissioner years ago, used to say, he's got five pounds of coffee in a three pound can. And the neighbors are nghl. The lights are bnghl coming onto Plymouth Road, but they are also bnght going back into the neighborhood. So we need to address the lights. We have to come up with a solution on the wall, and the expansion is going b provide, hopefully, some type of access for these trucks to unload vehicles without doing it on the street. I'd be very upset if I had a public address system in my backyard. Its not that they're prohibited, but he's growing into the neighborhood. He's expanding the use, and there are certain things and conditions you've got to work with the neighbors on when you're going to 20176 expand into their area. I think we're going to address those fourthings, right? Mr. Amann: Let me respond to those first four things for you because it's summarily good news. Mr. McCann: Please. Mr. Amann: There is not an item or concern that was raised in those letters that we don't intend to deal with on the site issues. We've already had a conversation with Mr. Taormina about it. For example, the lighting concerns that were expressed can all be done. The wall concerns can all be done. Regarding the issue of the PA system, you can simply add a condition that there will not be a public address system on that building. We've effectively removed the PA from that other part. There is the other building across the road we have to deal with still, but we don't mind as a condition that we would stipulate and agree that there's just not going to be a PA system on this side of Laurel Road. So all those items, yes, we intend to deal with, and I think to the satisfaction of the residents through the kind services of Mr. Taor mina's office. Mr. McCann: Mr. Piercecchi brings up a point that we're kind of dealing with Item #6 here too, which is the waiver use to construct an addition. To me, though, I wouldn't want to change the zoning unless I knew I was going to address the issues there. Mr. Amann: Absolutely. Mr. McCann: I guess ifs up to the Planning Commission whether we want to go into the site plan now or not. Mr. Amann: We're glad to entertain them jointly if you'd like. Mr. McCann: The people are going to want to speak on this issue of rezoning, but they're not going to be feeling comfortable unless we address the issues of the site plan as well. Mr. Amann: Mr. Chairman, we would agree also for the sake of the efficiency of any residents here. They wouldn't have to get up and speak twice. We could just consolidate the two items at once. We're certainly glad to do that. Mr. McCann: Are there any objections from the Commissioners? Why don't we do go into the site plan because I had some concerns about that. I think in faimess to the people who have come to tom speak on this, that they need to get the whole picture before they can pass on the change of zoning. Mr. Amann: That's fine. Mr. Piercecchi: What we do then, Mr. Chairman? Mr. McCann: Why don't you go ahead and call Item #6? Mr. Piercecchi: We will vote these separately then. Number 6 is the waiver use and the other one is the rezoning. Mr. McCann: Right. Mr. LaPine: Mr. Chairman, may I ask Mark a question? The road that comes off of Wayne Road behind the Burger King, is that a private road? Mr. Taormina: I believe that is actually part of the land owned by Burger King. Burger King has frontage on both Wayne and Plymouth Roads. Mr. LaPine: I thought maybe those trucks could come in through that road and into this parcel and unload in there instead of unloading on Laurel Avenue. I dont know if that is possible. If it's a private road, it cant be done. But the next question I have is, the parcel to be rezoned to C-2, is that going to be strictly for storage and new vehides? Mr. Taormina: As I understand it, this area here, which is the shaded area on the plan, would be used exclusively for parking purposes and would be for just the display vehicles. All the customer parking and employee parking would occur in this area. Mr. LaPine: Is there anyway they can get into that parcel with these haul away trucks unloading vehides back there and go out any otherway? Is them any possible way that can be done? Mr. Taormina: We're still investigating that with the owner of the property. I'll let him express what his concerns are. The first thing that would have to change here is the layout of some of the parking spaces adjacent to the southeast comer of the building. This plan presently shows some of the handicapped spaces located in an area that really wouldn't accommodate the truck haulers from being able to make this type of movement from Laurel Avenue along the rear portion of the site. But assuming that these could be relocated, then the next concern is whether there is sufficient turning radius in back of this portion of the zona property. Obviously, the only way trucks of that size would be able to exit the site would be to come out this easement. So we are investigating that. There is some concern about these turning radiuses. I'll let Mr. Tanski or Mr. Amann respond further to that. Mr. La Pine: Are they going to actually do service in the five new service bays they are putting in because when they originally moved here, all they were going to do was prep vehides. Is this going to be a service area where they are going to do tune-ups and things of that nature? Doyouknov? Mr. Taormina: I believe that is the purpose of those service bays. Mr. Tanski, again, can elaborate further. One item related to that, though, is these plans were modified. Once they realized that they would have to go through the rezoning of this property first, they had to make this site conform to the ordinance standards and not rely on the rezoning of this property. The overhead doors that were shown along the westerly portion of the building were relocated to the south part of the building. It was my understanding that, if successful in rezoning this property and including it with the overall development plan, those doors would once again be relocated to the west side of the building in order to better service the bays that you're referring to, which are within this portion of the building. It would allow for much easier access of those vehicles to come in on the east side of the building and exit without any Tums and with much less disruption to the neighborhood to the south. Mr. La Pine: On the east side of Laurel Avenue, what is that other building for? What do they use that for? Mr. Taormina: Once again, I think it is for certain servicing of vehicles presently, some of the detail work. But I think some of that operation is now going to move to this side of the building, but again, I'll lel Mr. Tanski describe that. Mr. LaPine: Thankyou, Mr. Chairman. Mr. Pieroecchi: I don't think that the trucks should ever come down Laurel Avenue. I think they should exit on Laurel, at least then if there is a hang-up someplace in that system, it won't be on Laurel and have to take the cars off there. I think they should have it cast in cement before I can accept this waiver use on loading and unloading. I don't see why they can't come in through the donut shop. 20179 Mr. McCann: Dan, why dont we wail and see what the petitioner says he wants to do? We haven't heard from him yet. Mr. Amann or Mr. Tanski, one of you can start handling some of these issues. Mr. Amann: On the issue of the service, we currently perform service on the east side of the road, and this would be the same type of service on the west side. So it would be identical to what is occurring across the street. Mr. La Pine: Are you going to keep the one on the east side? Mr. Amann: Yes. Mr. Tanski has heard the constant concerns of the residents and the City about cars being stacked up in places, so having the better facilities to deal with it, will hopefully allow really for the better operation of the site to minimize those kinds of impacts. As part of the service, let me point out there is no body work that occurs. There will be no body work that occurs in these bays at all. So concerns regarding noxious odors and those kinds of things and banging, that will not occur in this service area. As to the loading and unloading of vehicles, I'm going to bring Mr. Tanski up to explain that to you. I do have with me, if anyone cares to see it, the issue of the easement through the donut shop parking lot. It was, in fact, once granted and then litigated, and there was a Circuit Court Declaratory Judgment entered in 1996 which makes it as plain as day that this is a usable easement for all purposes. So I have that as well. But as to the loading and unloading of vehicles, Mr. Tanski will ... At Tanski, New Car Altemative, Inc., 34715 Plymouth, Livonia, Michigan 48150. I'm happy to be here. Thank you. I dont know how to answer the questions that you guys have, but if you notice in our community, up and down Plymouth Road, there are six automobile dealerships. Al any time of the day, they're unloading on Plymouth Road. I would like to come up with a plan to eliminate that and be as safe as I can for the people who are bringing me the cars, for the people that are checking in the cars, and for the people that are buying the cars. Liability is a great concern in our business. First off, I have only been a new car dealer accepting deliveries by truck haulers since July. I have been plagued by the neighborhood about cars being loaded and unloaded on the street for seven years. For the first six years and a half years, my cars come 95% by their wheels. They are driven there. Tow trucks do bring cars in that are not running and things of that nature. I share that street with another business, which is Livonia Mazda. The owner of that dealership has since bought property down the street next to the 20180 old Nissan building, and he is trying diligenfly with me to have his cars that he gets unloaded on the street. We have called the transportation companies. We've given them maps. We have tried in every possible way, fashion and form to get these people to drive these car haulers to different locations, but there's always a new driver. The guy that dispatches didn't give him the thing, so it happens, but that problem has been reduced drastically in the last, you know, three or four months. What I would like to try to propose is, if you noticed, there isn't a piece of property big enough to drive a 90 foot semi -truck through and eliminate the liability of that truck running over cars. They lake a big turning radius that would be impossible to accommodate and to up my parking spaces so I don't have as many cars on such a small parcel, like you acknowledged that I have five pounds of coffee in a three pound can. If I was to come up with a plan to have the cars come in and come out, I would be eliminating 43% of the parking spots that I'm spending almost $900,000 to create. It's virtually impossible, but the car haulers can come in on this easement because Bryan has worked diligently to ... in our purchase agreement that the easement is legitimate, it is real, it is there, and it can be used by me. Before these plans were drawn, we weren't quite sure of that easement, but we were trying not to put that as part of our plan, because if it was a conflict with the business that's already there, we didn't want to have bad feelings with that business owner. But as we have concluded, we can use that. So, we have had experiments. When we have brought cars in, we asked them to pull up there. There's ample room to pull in through that easement into the parking lot, but there would not be ample room to go around the building and cut two Teff Tums, and then a right tum and another left tum to get onto Laurel Avenue without maximizing the liability of collisions. We do not let the car haulers unload cars and then drive through the neighborhood. We stop traffic. They only come once or twice a week, and the truck backs out on the road, or backs into Laurel Avenue and then backs out. To eliminate that problem, we could use our easement, I'm quite confident, to keep the cars off the street. But I've been getting blamed solely for two businesses running there. Mr. Amann: Let me give you the short answer of what I just heard of the long version. The short answer is... Mr. Tanski: I'm not a lawyer. Mr. Amann: That's all right. I normally get paid by the words, not tonight, so he look the discount plan. The short answer then is, we're looking at the plan to have the trucks pull in off of Plymouth 20181 Road onto the site, and then backup, or back into the site or whatever, then use that same access point off of Plymouth Road. That's the intent of the design of the plan. Mr. Taormina is right. We have to work to make sure we have at least enough of our parking spaces and turning radiuses worked out. It is not the intention to have the truck maneuver around through the site and then go out to Laurel or to go out to the other Plymouth Road exit. It is intended to go out that every same entrance it came it. So its either going to have to back in, or pull in, and then back out, which is essentially the same function of every other dealership along Plymouth Road in terms of that. Its not the best scenario in the word, but its the one that seems to be operating. Mr. McCann: One question and then Mr. Piercecchi has the floor. Mr. Pieroecchi: Do I understand you correctly that now you can load and unload without even touching Laurel? Mr. Amann: Absolutely. With this expansion, yes. Mr. Pieroecchi: That would be fine. I'm sure the people on Laurel have had enough loading and unloading to last them a lifetime. Mr. Amann: And let me just offer this one piece of solace to the residents. Obviously, as Mr. Tanski pointed out, we are still going to work hard in educating our delivering companies and our drivers. Hopefully, if it's a problem early on, we'll get it fixed very quickly. If we have any difficulty with that, we will probably make the same number we have to call available to the residents so they can echo our concems. But generally, we're going to be very diligent about trying to prevent that. And by design, having it available now, I think the drivers, presuming they're like water and elechidly, will go to the easiest and most convenient location once they figure it out and we explain to them our new setup. They will adhere to it because it will make sense to them. Mr. Pieroecchi: Were you planning on submitting a revised portion of that so we can actually see it? Mr. Amann: Yes. In the conversation I had with Mr. Taormina, when we get the detailed site plan issues on that, it was our intention to do that for purposes of review. Mr. Pieroecchi: Are your plans also going to show where that donut shop is? In fact, I don't know why you don't buy that area. 20182 Mr. Amann: Well, it's been tried. There's a lot of dough in donuts. Mr. Pieroecchi: It seems like your landscaping is very sparse where you're going to be hiding a lot of cars, unless you want them to be seen there. I would think you wouldn't want them to be seen there. Another question on that access road: will people who want to see your vehicles come in on that same road? Mr. Amann: Absolutely, it's for ingress and egress to that site for anybody. Mr. Pieroecchi: How will they exit the site? Mr. Amann: Cars can maneuver all the way around through the site. Mr. Pieroecchi: No problem with cars? Mr. Amann: They can take a full tour without any problem, unless they hit something, of course. But it should be fine and functional for them. Mr. Pieroecchi: But you will submit a plan showing exactly how you're going to dolhal? Mr. Amann: Yes. The architect is here tonight hearing everything we say. Mr. Pieroecchi: Thank you very much. Mr. Alanskas: I've been there various times and he does an outstanding job on landscaping in regards to making sure the grass is cul weekly. It's always watered. He always has beautiful flowers out there - not by me, by somebody else - but it really looks like nice. I do have a question in regards to the PA. Bryan, you made a remark earlier that you are willing to not have a PA system on the west side of the building, but what about the east side of the building? Mr. Amann: On the building on the eastside ofthe road? Mr. Tanski: The PA has been removed. Mr. Amann: He's talking about the east side. Mr. Tanski: Both are gone. Mr. Alanskas: So you will have no PA system whatsoever? 20183 Mr. Tanski: I have no problem with no PA system. We went to Nextel phones about five or eight months ago, and they have walkie talkie capabilities, so that's really helped us out. Mr. Alanskas: I know because about a year ago, there was a garage sale down at the very end of Laurel, about three homes that I went to to buy something, and I could hear the PA that far down the road. So I can see the neighbors' concern about that being a problem. Being that you're going to remove that, that's a big Plus. Mr. Tanski: Yep. Mr. Amann: That will be in writing that they are gone. Mr. Tanski: They are gone. Mr. McCann: I have a question for you. I have a hard time believing these 90' trucks full of cars pull up and just start unloading on Laurel and don't tell anybody at the business. Oh here, they just start unloading. Mr. Amann: Right now they do. Right now they're viewing a choice between unloading on Plymouth Road or Laurel. And so they are turning onto Laurel to do that, and theyre backing in and doing that. Mr. McCann: They don't come into the dealership and say, "Hey, I've got 15 cars out here for you. Where do you want them?" Mr. Amann: Typically, they will pull on Laurel and come in from there. They don't stop out on Plymouth, and that's not uncommon to every dealership around as well. Your instincts are right about that. That's how that happens currently. Mr. Tanski: Bascially, we don't gel 15 cars in a load. Sometimes one, sometimes eight. But the guy will unload the car and then bring you what they Gall a manuscript so that when he has the car off the truck, he's not responsible for it any more. Any damage that happens after you sign your name to it, that company is of the hook. He doesn't look at a car on the truck. He takes it off and then hands you a page, so he's off the hook. Mr. McCann: My concern is, you said there were some off -sites where you can have them loaded and unloaded. There's someone there seeing the trucks pull onto Laurel. You can say, "Hey, you can't unload here. You've got to move" 20184 Mr. Amann: Currenfiy, we just don't have the off sites. The new cars that started coming into the Mifisubsi operation, came in just at the end of last summer in July. So that was a new phenomena in terms of that. The only thing you had before then was maybe a two or three truck hauler as part of a fifth wheel on a truck or something. So this was a new phenomena that really started in July, and we've tried to figure out since then him to deal with it. As a result of that, they have pulled onto Laurel as opposed to just slopping right on Plymouth Road, even though at a lot of other dealerships they do both. They use a side street and/or Plymouth Road; they just find it easier. They sometimes just stop right on Plymouth Road and take them off right there holding up traffic in the right lane. With this rezoning and approved use, we will be able to have the truck hauler pull off of Plymouth Road onto the site, deliver the vehicle onto the site through that easement area we have, and then go back out onto Plymouth Road. There will be some interupfion on Plymouth Road if he has to back out onto Plymouth Road, but they stand out there and stop traffic to do that. Mr. Tanski: The reference that I made to other sites was the VW store; it has bought property down the street. So in the last five months or so, he has taken 80% of the cars that I was getfing blamed for. Because he is a new car dealer for Mazda, VW ... he has six lines there, which was a lot of traffic. But he has since bought a pece of property, fenced it, and his trucks are going down there. But every once in a while, somebody doesn't know the program and ends up on Laurel Avenue. Consequently, I'm the one that gets blamed for it, even though its not my car hauler. But we are working together with the gentleman next door, and he's out there writing letters because we use the same transport companies. He has designated unloading areas, which I dont at this point, but I'm proposing to have. Mr. Amann: We're going to try and follow the example he's created by providing that so it's on the premises of the site that the unloading will occur as opposed to out in the roadway. Mr. Alanskas: Mr. Taormina, is there a limited number of cars that New Car Alternative can have on site for display? Mr. Taormina: I believe the approvals granted with the original waiver use petition did stipulate the number of vehicles that were permitted. One of the things that we would do ultimately with one or both of these petitions is establish a general count on vehicle display spaces. 20185 Mr. Alanskas: A lot of times I'll stop by the building. You'll have cars at an angle parked in the front of the existing building, but then you'll also have them parked in the driveway. You can hardly walk through the cars. If this proposal is approved, will this mitigate this problem? Mr. Amann: Absolutely. Mr. Tanski: Yes. Mr. Alanskas: So you will not be putting in more cars and having them stacked like that in the future? I know the more cars that you can have there, the better chance you'll have to sell more vehides. I'm just concerned that when you do this, they won't be jammed in there. Mr. Amann: Your instincts are exactly what our concern is, that a customer would feel that there is so much friction in getting on site, they'd just as soon go to a site where they can pull right through and work right through. This new plan ought to allow this site to function properly so people can easily pull in and walk around and view the cars and do what they need to do. Mr. Alanskas: And with a good salesman, you can sell them a lot faster. Mr. Amann: Well, that's always a problem. Mr. LaPine: Hindsight is always good, but what you should have done is bought the Olsen Oldsmobile dealership when it went out of business. They had a big parcel there. You would have had more than enough room to handle everything. Mr. Amann: I actually was involved with a diem who was looking at that site. There were several other issues involved in that site, other than just price, that made it very difficult to deal with it. But you're right, that would have been a great answer to this. Mr. LaPine: Quite frankly, when I was out there, I drove in and I had to maneuver back up because I couldn't get out of there. There's just too much there for the small site you have. Hopefully, we're going to be able to eliminate this with all these new plans you're going to come in with. Mr. Amann: No question. And we're asking you to rely on good faith on Mr. Tanski's representation that we're going to try to have a five pound coffee can for this five pounds of coffee, as opposed to a three pound can like we have now. 20186 Mr. Walsh: I've just listened to all the questions and the comments, and I'm pleased that you've addressed many of the concems that we've mised amongst ourselves. We still have yet to hear from neighbors and the audience. They may have things we haven't thought of, but I think that we really have addressed a number of things. I have a couple of specific thoughts that I'm going to hold until we hear from the neighbors in terms of how we might handle this procedurally. Mr. McCann: The neighbors' letters addressed certain things. We talked about the parking in the street and the public address system. The lights, Mr. Taormina explained, would be down turned. I'd like their answer on what theyre going to do about the wall. Mr. Walsh: That was the one that we haven't addressed yet. Mr. Amann: We're going to extend the wall as requested by the residents. Mr. McCann: Is there an issue, Mr. Taormina, regarding the neighbors letter al4'2" - whether it is in compliance? Mr. Taormina: We haven't verified that with all the snow condifions, but the wall is pre-existing. It was there, I think, even before the automobile dealership came into existence. So if there is a portion of the wall that is deficient in height, then we have to look at how that might be corrected. Its the type of wall that you cannot just simply add on to. We looked at that briefly during an on-site inspection. Its a poured concrete wall, and it would be rather difficult to try to modify that wall in any way. So, it's a good question. But he will be obligated to extend the wall to the west across the new parcel, and the Planning Commission in reviewing that can recommend anything up to seven feel in height per the ordinance. Mr. McCann: I'm going to take Mr. Walsh's recommendation now, if there's no objection, and go to the audience. Bob, you have a question? Mr. Alanskas: Yes. f this proposal goes through, are you going to be looking for more signage on the new portion of the building? Mr. Amman: Just what would be offered to us or required. Mr. Alanskas: The question is, you have a Mitsubishi sign. Do you have a permit for that? How did you get that to go on the monument sign? Mr. Tanski: The sign that's there has a permit. We just changed the glass in the sign. 20187 Mr. Alanskas: Not the one on west side, the one on the east side. That's a new monument sign. Mr. Tanski: No, that sign has always been there. Are we on the east side or the west side? Mr. Alanskas: No, I'm talking about the east side. Mr. Tanski: There is a permit pulled for that sign. Mr. Alanskas: Through the chair, Al, is that sign in compliance? Mr. Nowak: We have a letter from Alex Bishop of the Inspection Department On a net basis, what you're indicating that it was in compliance. Mr. Alanskas: I thought at our study meeting we discussed it. You had some lefler that said the sign was not in compliance? Mr. Nowak: Ilwas the violation notice from Inspection. Mr. Taormina: Actually, I did pose this question to the Building Director, and he did indicate that permits were issued for the sign. Mr. Alanskas: So the sign is in compliance? Mr. Amann: On a net basis, what you're going to see is the other existing party store building and that stuff coming down. There will be an elimination of signage overall. Clearly on the building that will service the cars, something to denote service over there. It will be compliant with ordinance requirements. Mr. Alanskas: But nothing like a monument sign, another addition? Okay. Thankyou. Mr. McCann: Mr. Walsh, do you have anything before I go the audience? Mr. Wash: No. Mr. McCann: Then I'm going to the audience. Is there anybody in the audience that wishes to speak for or against this petition? Bill, can you grab that board? James Dupuie: Is there a way I can refer to that board, by chance? Mr. McCann: I'll tell you what. Bill, please put the board back up. He's going to use the hand-held mike. Please stand by those footmarks. Y James Dupius, 11196 Laurel Street. One of the letters that was read to you tonight was from my wife and myself. In an effort to try to kind of preempt some future problems that we see, we put the letter together. I don't want to beat a dead horse on this thing, but the car hauler problem is a problem for me and for my wife because we have two diabetics in our home, a 24 year old and a 4 year old. When an ambulance cant get down the street, we've got a problem. The City has a problem. I spoke with Sgt. Wes McKee one day for about half an hour. And his answer was real simple. He just said, "Look, all it is is a parking ticket." That's was it. That was my answer. So, I didn't like the answer. It's not just as simple as having car haulers come down, although they do and they do exit the street. Part of our other problem with it is, there's no real office hours here. These guys will be out there at five in the morning with their diesel trucks running. These two gentlemen will disagree, but they don't live there. I do. Those trucks are there all the time. I'd like that to be addressed. The other thing that concems me and the reason why I wanted to look at this board, right here, if you nofice, this is the entrance here. Right now, it looks like this would be the service door. I worked a dealership for four years. I'm going to guarantee you cars will either come down the street or up the street and wail until that service door opens. That's how dealerships work. I'm certain that's going to happen. I'd like to see some sort of situation where they know to come in a certain way and around, maybe the service sign be over here off of Plymouth Road. Because I'll guarantee you they'll come down here, and theyll just line up. That's how that works. The other part about the lighting we did address, and we addressed the overhead door. And that was simply because if it's facing the back ... I live across the street and two houses down behind the other dealership. When their door is open, you always hear the music going. So I talked to my neighbors about addressing that because that would be an ongoing concem. So that would be about all I have to say this evening. I appreciate your time. Mr. McCann: Thank you, sir. Before we go to the petifioner, is there anyone else in the audience wishing to speak? Ma'm, you can use that podium. Silka Chow, I'm speaking on behalf of my parents, Chi and Kon Chow. They are the owners of the donut shop just north of the proposed rezoned property. I just wanted the Commission to be aware that in the past week, my parents have completed the purchase of that land that the donut shop is on and registered with the Wayne County Register of Deeds. As far as we're aware, the easement that is going through our properly, its still under 20189 question in terms of the size of the easement. We haven't had any contact with Mr. Tanski at all regarding negotiations of the size of the easement. So as far as I'm aware of it, it still hasn't been finalized. The reason why the easement was obtained was actually through a law suit that the prior owner of the landlocked property had made against the previous owners of the property that we are on to obtain easement through our property because it was a landlocked properly. The courts initially ruled in our favor saying that there was no right to go through our property to obtain an easement, but then there was an appeal. I believe that the Court of Appeals had ruled in favor of allowing for an easement. My parents were actually a part of that lawsuit as a defendant because they were still making payments to the previous landlord. I believe that there was a Default Judgment against them because they had missed a deposition for the appeals. So as far as they are aware, they hadn't been contacted at all regarding the easement through our property. We are just concerned with the chunk of land that is going to be taken from our property for this easement and the possible decreased business that would affect our business because of this. So we just wanted the person to be aware of that. Mr. McCann: The easement is a legal issue between you and Mr. Tanski. Ms. Chow: I understand that. Mr. McCann: If you would like to get Mr. Amann's business card, he'll provide you with a copy of the Judgment. You can discuss it with your attorney if you wish to determine whether or not they are in compliance with that Judgment, but that's not really an issue before us. Ms. Chow: Yes, l understand that. Mr. McCann: Other than the fact that if there is no easement, it would affect our plans. But at this point, we're going to base it on that there is an easement. Ms. Chow. Yeah. Mr. McCann: If there isn't, we'll find out before it goes to Council. We are a recommending body; we are not the final word. It will go from here to the City Council. Ms. Chow: Okay. I just wanted to voice our concems. We dont want to interrupt Mr. Tanski's business either. We just haven't had any contact with him at all. 20190 Mr. McCann: Hopefully, his growth will be your growth. Ms. Chow: Right. Yep. Thank you. James Arnold, 11205 Laurel. This is Nancy Arnold. We live to the south of the proposed site. I'd like to get atthe plans if I could too? Mr. McCann: That's fine. Bill, do you wantto putthe plans backup? Mr. Arnold: My issue is the proposed site of the commercial wall. We live here on this part on two parcels. Basically, we've measured when there wasn't snow in the area, and it was 4'-2". Mr. McCann: Is it 4'-2" on both sides? Mr. Arnold: The code reads from the highest point, and I dont know who is a higher point, him or us. But what we would like is for them to rip it out because, like you're saying, you cannot add onto a poured wall or poured blocks or anything like that. We are 288' feel deep, and he's proposing he's got 107'. It's about over 300', way over what we have so, we would like one complete wall so it matches. So it doesn't look like it's all cul up ... a 4' wall and a 7' wall. And then we're asking that he lakes this greenbelt area and there is basically 440 lines up in the lop that Edison keeps cut. We're asking that he put pyramidal arborvitaes along the whole line because we have a screening here now in the summer and spring, but during the winter it's totally bare. There are people running, people all over the place, cars trying to start things. Big lift vehicles for like lights and all the stuff are just parked here. Our next concern, the greenbelt, the easement, the grade from here is basically about this high. The commercial is on this high and the residential is at ground level and goes down. I would hope that they would have a drainage program with one continuous wall that will stop a lot of runoff on both sides of water from rains and snow, and that they would have a drainage program so that it would all go their way. And basically, I guess the wall, once they scrape the topsoil off, would go from whatever the highest point was. Nancy Arnold: I just want to say that we're concerned that our property value doesn't go down. We want it to look good. We aren't against him expanding his business, but we want it to look good. I would like a six fool wall and trees growing up higher than the wall, so I have nature to look at instead of this big wall. So that was my reasoning for the six foot wall with the arborvitaes planted along the easement. 20191 Mr. McCann: Thankyou. Mr. Tanski: Do you want the trees on both side? Mrs. Arnold: No. Mr. Arnold: Just one side so that it's a screening. Mrs. Arnold: Yourside. Mr. McCann: I really would like you two to talk more extensively, but not during the middle of meefing. Okay? Mr. Arnold: The gentleman here, Robert, was saying that At Tanski does take care of the area very nicely. I'll agree with that, but you know, 8:30 in the morning, Sunday morning, I know it's church when that guy come around to cut the stuff. You know, I mean, there's just little issues, like we live there. Mr. McCann: If you live next to him, you should have contact. I'm sure Mr. Tanski will want your input before he gets to Council. Mrs. Arnold: And I'd like to address that. Not everything we have addressed to him has been taken care of. He ignores our requests. So that is our concern that these things do gel addressed. Mr. McCann: It's a good time to bring them forward and that's some of the issues we'll work on right now. Mr. Arnold: We didn't ask anything about the wall the first time he put his business in because we were right in the middle of adding on 900 feet onto a 600 fool house to try and make the area better, make our home, you know. And that's why we didn't bring up the wall issue the firslfime because we were in our own state. Mr. McCann: Obviously, you will have the right to speak to the City Council on these issues, and I'm sure Mr. Tanski wants to correct these issues before he gets to Council. Mrs. Arnold: Can we request that it's in writing? Mr. McCann: Many of these things will be in writing. Everything about the wall will be a part of the site plan and have to be done. One of my questions to you earlier was, is it 4'-2" on your side of the wall or 4'-2" on his side? 20192 Mr. Arnold: It's on both sides. From where the two commercial buildings are, that's going to be higher than what mine is, that is 47' on his side. Mr. McCann: All right. Thank you. Is there anybody in the audience that wishes to speak for or against this petition? I'm going to dose the public hearing. Mr. Tanski or Mr. Amann, you have the opportunity to speak to these issues. Mr. Amann: I just struck a deal to get paid by the words, so I want to back up. I think it was made dear earlier that the wall, in fad, pre- existed the business itself. No doubt it was probably constructed to whatever standards were in place at the time. It seems to me, and Mr. Tanski has agreed, and we'll obviously detail this in the plans, to provide that running linear addition to the other extent ... the wall of arborvitaes. As a previous part of my occupation as Assistant County Executive, I was dubbed the noise enforcer for a short while involving airport noise. I Teamed more about noise than I ever cared to at the time. One of the things that I Teamed, though, is that green material, plant material, is such a better product in terns of dealing with noise concerns because it absorbs and doesn't cause reverberation. Walls, in fact, create more noise because it creates another noisy vent, so that addition of the arborvilaes along there should be helpful. The arborvitaes are a good choice. There is an issue there because Detroit Edison apparently recently came through and just leveled everything that was getting dose to the wires anyways. Arborvitaes ought to give us a good long time of growth before Detroit Edison even becomes concerned about them, so we should be all right in that regard. I'll be glad to speak with Ms. Chow and get her phone number. Her parents were defendants in that, and the easement is detailed with all this other stuff on there. III be glad to show it to anybody and talk about it with her, so we'll resolve that obviously before Council. With that, I'm prepared to answer any other questions you may have. We think the zoning is appropriate. We're willing to deal and certainly work out all those site plan issues I think not only to the betterment of the residents, but certainly to the business as well, and we think for the community as well. So we're certainly interested in undertaking those steps. Mr. Shane: Just some food for thought. I'm sitting here looking at this plan. Now that you have the easement from Plymouth Road as well as the existing entry from Plymouth Road, would you consider not even using Laurel Avenue anymore, because now you have a separate entrance you didn't have before. I'm trying to think why would you need Laurel Avenue anymore, other than to be more convenient. 20193 Mr. Amann: What you're saying is, would we be willing to close off the Laurel Road curb cut, essentially. Mr.Shane: Yes. Mr. Amann: I think that would create all kinds of issues, not only from an operational perspective but also from a safety perspective. Mr. Shane: Why.? Mr. Amann: Because as I'm sure you see in many planning proposals, its preferable to have as much access to sites whether it's for emergency vehicles or other vehicles. If for some reason there's a problem, just as the gentleman indicated, he's concerned about having some obstruction at a point on Laurel Avenue. If we have two entrances to the site, one at Plymouth and the other one via an easement there, we would technically have only one entrance on this site. From a land division act perspective and if we had some obstruction at that entrance at some point, then we would have to rely on having a fire lmdc or something else come in from the other direction. I dont know that it could make all those turns or that it would be practical. Mr.Shane: Okay. Thank you. Mr. Alanskas: If I remember correctly, on the last approval you received from the Council, a lot of neighbors had complained about the testing of cars up and down Laurel. I thought that at the time you had agreed that you were going to put up a sign, a small sign, that said "no righttum on Laurel" That was never done, was it? Mr. Amann: No, its in place. It's there. Mr. Alanskas: It's there? Okay. Has that helped you at all in regards to slopping traffic somewhat? Mr. Amann: Well, certainly we've made every effort but it wouldn't surprise me if you still have certain people who would prefer to pull out onto Laurel. I mean the residents could speak to that better probably. We try to enforce it. We try not to have them do it. Typically, we try to have a salesperson in the car while ... Mr. Alanskas: Did you slop taking customers down Laurel fx test driving and everything? Mr. Amann: Right. 20194 Mr. Alanskas: Its strictly down Plymouth Road now? Mr. Amann: Right. Mr. Alanskas: All right. Thank you. Mr. McCann: Not to throw a monkey wrench into your plans, Mr. Amann, but I'm going to ask Mr. Taormina, if they're expanding the use with an addition to the south, would that wall, although it typically would be grandfathered in on the original building, would that have to be a complying wall now with the expansion to the cell? Mr. Taormina: Thaf s an issue that the Planning Commission would resolve at the time of the site plan review as to whether or not to bring that wall into compliance. I'm not sure that there's anything in the ordinance that would absolutely trigger the removal of that wall and its replacement with one that is conforming. I'd have to discuss that with the Building Inspection Department, but I don't think just by virtue of the fad that they are constructing an addition onto the building that a site deficiency like that automatically has to be corrected. However, it is something that can be considered as a condition of approval of the waiver use if you deem it to be reasonable and depending on the circumstances. Mr. McCann: Thank you. Are there any other questions from the Commissioners? Mr. Walsh: Mr. Chair, just from a procedural matter on how to handle this, I think we're formally inside of Item 6. To jump back and forth a little bit, I for one would be able to support the rezoning tonight. I think it may be advisable if we ... Mr. McCann: We're going to take separate votes. Mr. Walsh: That's fine. I just want to make sure. But we're on Item 6 now? Mr. McCann: We're on both right now. I will call Item 4 for a resolution, then we will go to Item 6. I'm ready for a motion on Item 4. On a motion by Mr. Alanskas, seconded by Mr. Shane, and unanimously adopted, it was #0336-2003 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 11, 2003, on Petition 2003-02-01-08 submitted by Alan Tanski, on behalf of New Car Alternative, Inc., requesting to rezone property located south of Plymouth Road between Laurel Avenue and Wayne 20195 Road in the Northwest ''/ of Section 33 from 01 to 02, the Planning Commission does hereby recommend to the City Council that Petition 2003-02-01-08 be approved for the following reasons: 1. That the proposed change of zoning is compatible to and in harmony with the surrounding uses and zoning districts in the area; 2. That the proposed change of zoning represents an extension of an exisfing zoning district in the area; 3. That the proposed change of zoning will allow for the planned future use of the subject property in conjunction with adjacent properties; and 4. That the proposed zoning classification is consistent with the Future Land Use Plan designation of commercial land use for the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. McCann, Chairman, declared the motion is caned and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #5 PETITION 2003-02-02-01 BUFFET GROUP Mr. Pieroecohi, Secretary, announced the next item on the agenda, Petition 2003-02-02-01, submitted by Kui Sin Yim, on behalf of the Buffet Group, Inc., requesting waiver use approval to utilize a Class C Liquor License in connection with a full service restaurant operating within an existing building on property located on the south side of Five Mile Road between Middlebelt Road and Beatrice Avenue in the Northeast%of Section 23. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. McCann: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first letter is from the Engineering Division, dated February 10, 2003, which reads 20196 as follow: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. No further rightofmy dedication is required. The legal description is correct as contained in the petition." The letter is signed by Robert J. Schron, P.E., City Engineer. The second item is from the Inspection Department, dated February 7, 2003, which reads as follows: "Pursuant to your request of February 5, 2003, the above -referenced petition has been reviewed. The following is noted. (1) This site has a dumpster enclosure that was never approved and, in fact, needs to be rebuilt with inspected footings and proper gating. (2) The rear building wall that this Petitioner is adjacent to, was never completed and is still open. (3) On a site visit February 7, 2003, observed directly to the rear of this Petitioner was debris and shopping carts strewn about at the northwest end of the building. (3) The parking lot immediately around this Petitioner needs repair, resealing and redouble striping. The accessible parking spaces need to be property sized, signed and striped. (5) There are two other Class C liquorlicenses within the 1,000 foot separation distance mandated by Ordinance. This may be waived by City Council. This Department has no further objections to this Petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. We have a letter from the owner of the shopping center, ANK Enterprises, Inc., dated February 28, 2003, in response to the letter from the Inspection Department, which reads as follows: "1 am responding to the memorandum to your office dated February 7, 2003 from Alex Bishop. As owner and property manager of the above -referenced property, we are responsible for the maintenance of the center and will address certain items noted in the memorandum as follows. Item #2: Landlord will require the adjacent tenant (Save -A -Lot) to complete the rear building wall as required by their lease. Item #3. Landlord will be responsible for the cleanup of debris and shopping carts at the northwest end of the building. This will be completed on or before March 14, 2003, weather permitting. Item #4: Landlord will perform all repairs to the parking lot and redouble stripe parking lot as soon as the weather permits. The parking lot will not be resealed as this is prohibited by one or more of the tenant leases. Please feel free to contact me if you have any questions or additional concerns regarding maintenance issues on the above -referenced petition." The letter is signed by Matt Kornmeier, Director of Property Management. The next item is from Fortune Buffet, dated February 28, 2003, and reads as follows: "1 am responding to the memorandum to your office dated February 7, 2003 from Alex Bishop. As owner of the Fortune Buffet, we are responsible for the construction and maintenance of the dumpster enclosure at the north end of the 20197 rear of the property behind our restaurant. Pursuant to tem #1 in the memorandum, we will be responsible for rebuilding the dumpster enclosure per the code requirements which will include proper footings and gating. Such construction work will require warmer temperatures to thaw the ground soil and, therefore, will be completed as soon as the weather permits. We estimate the completion date to be no later than May 1, 2003." The letter is signed by Kul Sin Yim. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? Kui Sin Yim, Buffet Group, Inc., 25590 Fountain Park W. #283, Novi, Michigan 48375. Mr. McCann: Is there anything additional you'd like to tell us about your petition? Sue Yim: I am Kui Sin's wife and one of the petitioners. The reason we want to gel a liquor license is because so many customers ask for and say, "Do you serve wine or beer?" Sometimes families have some kind of special occasion to celebrate or champagne or something. Then we find out there is a liquor license available and think maybe we go apply for it. So that's the main thing. We don't have a full liquor bar. We are just going to serve on the bble when they have dinner or lunch or whatever. We are a family restaurant. Most of the customers are family or couples. Its nota lot of liquorto be served. Mr. Alanskas: You say you're going to have it on the table. If someone wants to order a mixed drink, how would you prepare it? Where would you prepare it? Mrs. Yim: When we are allowed to gel a license, we will prepare ... to gel a bar, just serving bar, but not a food bar for the people. Mr. Alanskas: I've been there many times. Where inside the restaurant would you put the bar? Mrs. Yim: The front, the counter. Mr. Alanskas: As you go out of the building? Mrs. Yim: No, the front, the counter. Mr. Alanskas: Yes. 20198 Mrs. Yim: When you come in, they have counter. They have a place to put the sink under the counter. Of course, we will make all the code, whatever the company say. Mr. Alanskas: Are you looking for a big increase in business if you have a liquor license? Mrs. Yim: I think so. Yes. Mr. Alanskas: All right. Thank you. Mr. LaPine: Actually, she's going to put the counter where the cash register is right now, next to another area. She's going to combine those two areas. The restaurant is a very nice restaurant. You did an excellent job of fixing it up. I dont really know if its going to increase your business, but I can understand people would like a drink sometimes when theyre having their lunch or dinner. I personally have no big objection to this. Mr. McCann: Is there anybody in the audience that wishes to speak for or against this petition? Matt Commeier, ANK Enterprises, Inc., P.O. Box 3013, Farmington Hills, Michigan 48333. We are the landlords for the properly. Sue let me know they were applying for a license. I just wanted to say they've done a great job at fixing up the building. Their business is going well. I think they've improved the center. The traffic in the center has been good and has helped the other tenants. She has explained to me that they are not open late. They close at 10:00 every night. They aren't going to have a bar where people sit and drink while they wait, so it's only going to be served at their table. They're going to refigure part of the restaurant so they have a place to make the drinks. It's really a complement to their family business. I don't foresee any problems in the shopping center late at night from people who are intoxicated or anything like that. We're normally very cautious about encouraging this, but in this case, I think its warranted for her business. Mr. McCann: Can you tell me how many square feet the current restaurant is? Mr. Cornmeier: It's 7,700 square feet. Mr. McCann: What is the size of seating area? Mr. Cornmeier: The size of the seating area? I don't know. I think its about two-thirds, one-third, so however that breaks down. Two-thirds seafing area and one-third kitchen and stockroom. 20199 Mr. McCann: So we've got about 4,000 square feet of seating area. Mr. Cornmeier: Approximately. Mr. McCann: Okay. I guess my concern is, I have no problem with this current use in this restaurant. Should this tenant leave, though, the building would be available to any Class C type restaurant use or nightdub. The waiver use would ran with the land, and I don't know if a 7,000 square fool bar in this area would be appropriate. Mr. Taormina, there is no way of restricting it, is there? Mr. Taormina: There could be a restriction if there were additional requests for a dance permit or an entertainment permit in connection with the Class C license. There is a restriction on the number of seats, 248. As long as any other food establishment would not exceed that seating capacity, then yes, you're correct, there could be a change to another type of restaurant operation. Mr. McCann: Thank you. Is there anybody else wishing to speak? I'm going to close the public hearing. Mr. or Mrs. Yim, you have the final statement. Nothing further? A motion is in order. On a motion by Mr. Walsh, seconded by Mr. Piercecchi, and unanimously adopted, it was #0337-2003 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 11, 2003, on Petition 2003-02-02-01 submitted by Kui Sin Yim, on behalf of the Buffet Group, Inc., requesting waiver use approval to utilize a Class C Liquor License in connection with a full service restaurant operating within an exisfing building on property located on the south side of Five Mile Road between Middlebell Road and Beatrice Avenue in the Northeast %of Section 23, the Planning Commission does hereby recommend to the City Council that Pefifion 2003-02-02-01 be approved, subject to the waiving of the 1,000 fool separation requirement as set forth in Section 11.03(h) of the Zoning Ordinance by the City Council and also subject to the following additional conditions: 1. That the following issues as outlined in the correspondence dated February 7, 2003 from the Inspection Department shall be rectified to that department's satisfaction: - That the dumpster endosure directly behind (west of) the subject restaurant shall be rebuilt, after obtaining a building permit, of brick or reinforced poured concrete 20200 walls with simulated brick pattern and with wood or metal endosure gates which shall be property maintained and, when not in use, closed at all limes; That the rear wall of the adjacent tenant space shall be completed; That the debris at the northwest end of the building shall be removed from the site; That the parking lot shall be repaired and redouble striped, inducing the provision of properly sized, signed and striped accessible parking spaces; 2. That all other conditions and requirements set forth in Council Resolution #744-01 granting waiver use approval for the subject restaurant shall remain in effect and shall be adhered to, except for any conditions which may be superceded by this approval; and 3. That the area at the restaurant where alcoholic beverages are permitted to be served and consumed shall be limited to the current seating and dining area as provided for on the approved Floor Plan on file with the Inspection Department. for the following reasons: 1. That the proposed use complies with all of the general waiver use standards and requirements as set forth in Section 19.06 ofthe Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. McCann: I have a question for Mr. Taormina. Can we restrict the use of the liquor license to the current sealing area? I believe we can. Mr. Taormina: Yes, I don't see why that would be prohibited. The use of the liquor license can be restricted to the current seating as 20201 provided for in the floor plan on file with the Building Inspection Department. Mr. McCann: Right. So that any change to that floor plan would require additional waiver uses or consideration. I think that might tighten it down to this specific use; that is what I'm trying to do. If the maker of the motion and Mr. Pieroecchi have no objection, we could add that in there? Mr. Pieroecchi: Very good. Mr. McCann: Mr. Nowak, are you going to overrule me? Mr. Nowak: No, I just mentioned to Mr. Taormina that was part of what I had in mind under condition 2. We can add some wording to that. Mr. McCann: I was looking at that, but I just wanted to make sure that we focus this as tight as we can for this specific use. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #6 PETITION 2003-02-02-02 NEW CAR ALTERNATIVE Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2003-02-02-02 submitted by Alan Tanski, on behalf of New Car Alternative, Inc., requesting waiver use approval to construct an addition onto an existing building and expand the vehicle display area in connection with an existing automobile dealership, located on the south of Plymouth Road between Laurel Avenue and Wayne Road in the Northwest%of Section 33. Mr. Taormina: If you don't mind, Mr. Chairman, I'll just provide the details on this petition and just to summarize, the area we were discussing under Petition 2003-02-01-08 was this site here which is being requested to be rezoned from G7 to C-2. The property that is the subject of this petition includes the two parcels that lie immediately to the east of that. That includes where New Car Altematives' existing business is located on the southwest comer of Plymouth Road and Laurel Avenue as well as the commercial business immediately to the west of that, which is also proposed to be incorporated into the overall site plan and expansion of this use. The expanded site area under this petition would be 1.3 acres with a total of 173 feet of 20202 frontage along Plymouth Road, by a depth of roughly 328 feet. The area would accommodate two new additions to the building. There would be a 672 square foot addifion that would be the showroom and sales area and that would square off the northwest corner of the building. In addition, there would be a 7,018 square fool building addition for automobile service purposes that would be at the south end of the rear portion of the building. There would be zero setback along the west property line abutting the commercial business and a 72 foot setback from the south property line where it abuts the residential property. Upon completion of these additions, the total building area would be 16,140 square feet. In terms of the parking, the required parking per the ordinance is the sum of the parking requirements for the showroom and the sales area, as well as the auto service shop. For the showroom and sales area, that would be 8,000 square feet and would require one parking space for every 500 square feet of floor space, thereby requiring 16 parking spaces. The service shop facility would require an additional 21 spaces, that would be five service bays at two spaces per bay plus 11 employees. So there would be a total of 37 parking spaces required for the business. The site plan does provide for 37 panting spaces, both along the east and the south sides of the building. This would provide for customer panting, as well as employee parking. The remaining parking spaces that would be available would be used for display purposes. Once this is incorporated into the site, the balance of the property to the west would also be used for display purposes. There are a number of issues that have been identified in the letters, including lighting. The plan does show the location of the proposed light poles and a note that all new lights would be a maximum of 16 feet in height. In terms of the trash, there would be a new trash dumpster enclosure in the southwest corner of the property with six foot high walls that would be constructed of split -face block to match the building. The landscaping constitutes approximately 14.5% of the expanded site area, which would be slightly less than the minimum 15% requirement of the ordinance. And lastly, the exterior materials, or the architecture of the building, have been designed to match the design and architecture of the existing structure which consists mainly of insulated glass windows, scored block and efface, which is an exterior insulated finish system, sometimes referred to as dryvit. Thank you. Mr. McCann: Thank you. Mark, do we have a set of the building plans to put up for the audience? I think we're going to need that. 20203 Mr. Taormina: Maybe I can just recap quickly. I'm going to tum this plan sideways so that the orientation of Plymouth Road is at the lop. This is the existing New Car Alternative's building. The first addition, which is proposed here at the southerly portion of the site, is shown here as hatched. The smaller addition, which is only 672 square feet, would square off the building as shown here on the existing building. There is a building presently right here, which is where the party store and carryout restaurant were located. This building would be completely removed, and this area would be utilized exclusively for vehicle parking as part of the display area for the dealership. There is no change to the entrance from Laurel Avenue. The design would remain as is. However, there would be designated parking for customers along the east side of the building, as well as designated spaces along the southerly portion of the site. The wall presently extends along the southerly boundary where it abuts the residential. This is back here where it runs east to west from Laurel Avenue to the southwest comer of the business, which is where the party store is located. The balance of the area, which is part of the rezoning request, does not presently have a wall, but one is shown on these conceptual plans as well as a 10 foot greenbelt area that would be planted with trees. Some of the issues include the type of trees that should be planted in this area, as well as the lighting fixtures that are needed to illuminate the vehicle display area and the area behind the building. Some controls would have to be set there. To orient those of you looking at these plans on the television, this ou8ined area does show where the existing donut shop is located. If you look closely, there is a line here that represents the outline of the ingress and egress easement that exists across this property to assure access to Plymouth Road for this parcel, which is the site that is requested to be rezoned from C-1 to C-2. Mr. Pieroecchi: I am very much encouraged by what I've heard this evening, but in my opinion, there are still a lot of questions that need to be answered, such as additional landscaping, the wall, car loading and unloading area, other access routes to and from the property, and other issues that were brought up by the staff, city departments and people here tonight. So I'm going to offer a motion to table. On a motion by Mr. Pieroecchi, seconded by Mr. LaPine, and unanimously approved, it was #0338-2003 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 11, 2003, on Petition 2003-02-02-02 submitted by Alan Tanski, on behalf of New Car Allemative, Inc., requesting waiver use approval to 20204 construct an addition onto an existing building and expand the vehicle display area in connection with an existing automobile dealership, located on the south of Plymouth Road between Laurel Avenue and Wayne Road in the Northwest''/.of Section 33, the Planning Commission does hereby recommend that Petition 2003-02-02-02 be tabled to the next Regular Meeting of March 25, 2003. Mr. McCann: The next Regular Meeting is March 25. Is that available, Mr. Taormina? Mr. Taormina: I would ask the petitioner what length of time they would need to submit revised plans. Mr. Amann: March 25 would be fine. Mr. Taormina: Actually, we'd need revised plans by March 14 for our study meeting on March 18. Mr. Amann: I think that's feasible because the revisions we're talking about are mainly notations and clarifications. I think that's feasible for us. If we cant gel it to you, then we will submit a written request to leave it on the table. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM #7 PETITION 2003 -01 -PL -01 PASTANA VILLA Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2003 -01 -PL -01, submitted by Basney & Smith, Inc., on behalf of Rosati Land Development, LLC, requesting preliminary plat approval to develop a 13 lot subdivision, known as "Pastana Villa," located on the west side of Stark Road between Beacon Road and the CSX Railroad in the Southwest%of Section 28. 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 several items of correspondence. The first item is from the Engineering Division, dated February 10, 2003, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have 20205 no objections to the proposal at this time. No further right-of- way dedication is required and the right -of -my for the development is shown on the plan. There appears to be a typographical error in the seventh line of the legal description. The call of 1187.90 appears to be in error and may be 187.90. This should be verified by the surveyor. There is also a typographical error in line eight (od should be oil. The designer has noted that detention for the residential lots will be in the rear yard areas. Detention calculations should be provided that indicate the areas of detention and these areas must be shown on the plan. The areas of detention must be within an easement dedicated for that purpose and the restrictive covenants for the subdivision must contain a provision that no grading of these areas will be permitted after the subdivision is complete. The developer will be required to grade and seed or sod these areas prior to acceptance of the subdivision by the City." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated January 20, 2003, which reads as follows: "This office has reviewed the site plan submitted in connection with a request with to develop a 134ot subdivision located on the west side of Stark Road between Capitol Road and the CSX Railroad. We have no objections to this proposal with the following stipulations. (1) Fire hydrants shall be provided on Rosati Court with spacing consistent with residential use groups. (2) Minimum diameter of cul-de-sac shall beat least 80 feet. (3) Any curves or comer of streets shall accommodate emergency vehicles with a turning radius of 45 feet wall-to-wall." The letter is signed by James E. Corcoran, Fire Marshal. The third letter is from the Division of Police, dated January 29, 2003, which reads as follows: We have reviewed the preliminary plat regarding the proposal to develop a 13 lot subdivision. We are very pleased to see that sidewalks are proposed for this development. We recommend that streetlights be installed to enhance crime prevention and traffic safety within this development Stop signs should be installed at Stark Road and for Rita Court at Rosati Court. We would also encourage the installation of lights along the public walkway from Boston Post Road to Rosati Court." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated January 27, 2003, which reads as follows: "Pursuant to your request of January 16, 2003, the above-eferenced Petition has been reviewed. The following is noted. (1) There is a small gap in the required protective wall along the west property line at the north end. Mr. Rosati has verbally indicated he will infill this area. (2) Depending on how the final grading is accomplished at the northwest comer, the west 20 feet of the east -west protective wall may have to be 20206 raised to meet the height requirement of 6 feet above finish grade. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. The next letter is from the Department of Parks and Recreation, dated February 4, 2003, which reads as follows: "The Department of Parks and Recreation has reviewed the preliminary plat. At this time, 1 find no discrepancies or problems that would be caused by the development of this subdivision." The letter is signed by Ronald R. Reinke, Superintendent. That is the extent of the correspondence. Mr. McCann: Is the petitioner here this evening? William Roskelly, Basney & Smith, 33177 Schoolcratt, Livonia, Michigan 48150. 1 am representing Mr. Rosati. I think the plan is self- explanatory. We've had this before us on several occasions. It really was coupled along with the industrial sub that has been approved contiguous to this piece of land. The one discussion we had was the sidewalk. If you notice on this plat, we have indicated a 10 fool right-of-way for the sidewalk for the children to go to school; it would go from there to Boston Post. I believe in your package you have a letter from the School Board that recommended that the children be picked up in that subdivision as opposed to Stark Road. In our former discussions, it was brought up that this industrial road, 38 feel wide, was quite busy with large trucks coming in and out. When the children would walk that 900 feet, there's nowhere on Stark Road to wait for a bus. So the school indicated they would much prefer to go to Boston Post Road. As Mr. Nowak indicated, we'd be happy to place lights or whatever is necessary for safety on that path, and it would become a public right-of-way, not part of a lot. If there are any questions, I would be happy to answer them. Mr. Alanskas: On your site plan it says, "Note: Detention for the residential lots will be within swales and areas in the rear of the lots" Is that saying that on Lots 12, 11, 4 and 3 the drainage will be going towards Alden Village on Lots 49, 50, 92 and 93? Mr. Roskelly: No. All storm water drainage will be contained in and on these sites. When we speak of swales, if you bok at, for instance, Lots 5 and 4, we certainly get the volume that's going to be required on the sites. Certainly we are not going to be flooding any of the adjoining lands. In fact, we have to meet their existing elevations, and in some cases, we even drain some of their water if it's coming ... Mr. Alanskas: Onto your properly? 20207 Mr. Roskelly: Yes. Mr. Alanskas: All right. Thank you. Mr. Shane: Bill, are you planning a sign for this subdivision anyplace? Can you identify where it might be? I know it will be offsite. Mr. Roskelly: As of this point, we have not planned on a sign for it. An identification sign, you're speaking of? Mr.Shane: Yeah. Mr. Roskelly: I guess, perhaps, at a later date the owner may wish to do R. Whether its only for the industrial or the residential ... to be honest with you, we haven't discussed that matter. Mr. Shane: All right. The only other question I have is, I know when you did the industrial subdivision, we talked about deed restrictions over there. Mr. Roskelly: Yes. Mr. Shane: I'm hoping that those restrictions are going to be rather strict in terms of outdoor storage and that kind of thing. Mr. Roskelly: In the industrial sub? Mr.Shane: Yes. Mr. Roskelly: Mr. Taormina has a copy, and we've been over those. I believe we have those to a point now that they are acceptable to the City. Mr. Taormina: Actually, those restrictions will be presented to the Planning Commission and the City Council at the time the final plat is presented for the industrial park. Mr.Shane: Okay. Great. Thanks. Mr. La Pine: Bill, are these homes going to be brick, 60% or 80%? You know, what we normally have? Mr. Roskelly: Yes. In fact, because of the size of the lots and the number of the lots, I'm sure they would aceed the contiguous ownership at this time, and I would venture to say they're going to be in the area of at lead 60% brick. 20208 Mr. La Pine: Okay. That's all I have, Mr. Chairman. Mr. Alanskas: Dont we have 80% for ranches and... Mr. McCann: Well, on the site condos, we can do that. On a preliminary plat, I dont believe we have control over the brick. Mr. Alanskas: We can stipulate the amount of brick in an approving resolution. Can't we? Mr. McCann: On a preliminary plat, we can try R. We never used to be able to doit. I don't know if we can do it. Mr. Alanskas: Because we don't want a lot of siding on it. Mr. McCann: Well, we'll try it. Mr. Roskelly, what did you mean by a private park for detenfion of roadway stormwaleR I realize it's probably dual purpose, but it says, "private park for detenfion of roadway slormwaler." When I looked at that on the plan, I was a little confused. That's nexllolhe sidewalk? Mr. Roskelly: Where was this located? Mr. McCann: It would be the parcel that separates Lots 9 and 10. Mr. Roskelly: Oh, yes. That area in there ... you're question was ... Mr. McCann: Well, it says "private park for detention of roadway stornwater." Mr. Roskelly: Usually, under the plat act, it's designated that way in the final plat. Mr. McCann: As a park area? Mr. Roskelly: Yes. As an open space, perhaps the choice of words is incorrect. Its an open space area that's restricted, of course, by the restrictions. Mr. McCann: Right. But the way you worded d, 'private park for detention of roadway stormwater," to me it says, "Okay, we've got a park over here where we're going to store water." Mr. Roskelly: That would be incorrect in my opinion. I would agree with you, and I'll have that changed. Mr. McCann: Okay. Is there going to be storm detenfion on that parcel? Mr. Roskelly: Yes. 20209 Mr. McCann: Okay. Is part of it going to be designated as park and part of it designated as storm detention? Mr. Roskelly: I would suggest that it be a common area. What we are to do with it as far as the final plat, either the county or the state will come along and say, 'You can't call it that. You must call it a detention basin and/or open space." Mr. McCann: Okay. My question is: Is that something we need to deal with tonight, Mr. Taormina? Mr. Taormina: No. The actual wording of how that area will be set aside for slormwaterwill be reflected on the final plat. Mr. McCann: It's open space right now. We know that. Whether it's going to be a detention basin or whether it's going to be used for a common area for a park, thatwill be determined. Mr. Roskelly: I suggest that, and perhaps a couple other areas in the larger pie -shaped lots would be designated for stormwater detention. Mr. McCann: All right. Thank you. I'll go to the audience now. Jacqueline Burns, 34682 Beacon. I'm Lot 92 on the thing. There are a few things I'm worried about. When we bought our house 17 years ago, we were pretty much guaranteed that was all landlocked. We'd have those woods behind us forever. There's very few woods there now. We gel so much more noise. I know with the housing coming in, it will be all ripped down. Not only the noise that we gel, plus 13 more homes going in, quite a few directly behind me, but the railroad tracks, it sounds now like it's coming through my bedroom half the time when the train goes by. I'm worried about the noise and when theyre building, all of the dirt, with the construction and everything else. Can we propose to have trees or privacy fencing put up that will help not only for the noise and everything, but even for our own privacy? Like I said, for 17 years I guess I've been somewhat spoiled and maybe I'm being selfish, but I like having the trees and everything else. And like I said, it cuts down on the noise and everything. I'm worried about people all of sudden now going to be in my backyard and everything else. And I don't think that that's right for the existing people who live in Alden Village to have to put up with all of this. Basically, the way the lots look and everything else, so far it's the best proposal that we have seen, and I dont knock that at all. And I dont blame the people. I wouldn't want my Idds going out onto Stark Road either, and that does not bother me. But it's just that the people who abut 20210 up to it, I feel we should have some kind of say that something goes up to kind of protect us. Like I said, we've had woods and everything behind us for a long lime, and I really don't think that we should have to be in jeopardy just because somebody happened to buy it when we were told that nothing would ever go in there. And another thing I was wondering loo, what type of housing is going up? I know they are going to be single homes. Will they be ranches, colonials? I haven't seen anything proposed. Do they have any idea yet? Mr. McCann: Part of the problem, ma'm, is this is a preliminary plat. Because of the change in the laws, everybody has been coming forward with site condominiums. Although they meet all the requirements of single family housing, as a site condominium we have ultimate control over the type of building, and we have more ability to determine greenbelts and the type of construction. On a preliminary plat, I don't ever remember having a greenbelt plan go along with it. I know we've had problems with this in the City before where we've required Mr. Soave on the Farmington Road project to put in evergreens behind the residences. Then the new residents came in and cut them all down, and there was nothing we could do about it. Mr. Taormina: I believe that, in fact, you can conditionally approve a preliminary plat, and I believe you have considered landscape easements in the past. It was probably at the time the preliminary plat was approved. But you're right, we don't typically get into the landscaping details with a preliminary plat. The plan presented this evening does conform in all respects to the R-5 district regulations and that includes both the size of the lots as well as the width and length of the roadway. Whether you choose to impose additional conditions or approve the plat as submitted, its up to you, but extra landscape buffers are something that we've considered only in unique or very core circumstances with preliminary plats. Mr. McCann: Part of the problem, ma'm, is, as you say, you've had the benefit of this greenbelt area for a long time and now you feel like you're being punished. Ms. Bums: When we bought, we were told nothing would ever go in there because itwas landlocked. Mr. McCann: That's an awfully naive statement. Ms. Bums: Well, that's whatwe were told. 20211 Mr. McCann: Let me finish my sentence, okay? What I'm saying is that the property behind you was properly zoned all along. The owner has been paying the taxes on that property for many, many years for your enjoyment. That was the proper zoning at the time that you bought your land. They had the right at any time to build on the property, but you've had the benefit of the woods at their expense. But I agree with you that we do try and do as much as we can to protect the residents who are getting new developments. As you will recall, there was a lot of effort put into this when the industrial subdivision was created to make sure we had the best buffer, and we felt residential was appropriate. Mr. Shane: In the case where the ordinance requires a greenbelt, it ends up on the preliminary plat and on the final plat as a easement for greenbelt purposes or whatever. But I don't remember establishing a landscape easement when the ordinance doesn't require it. We probably could. I don't know, but I don't ever recall doing that. Mr. Taormina: In those cases you're refening to, they may have been voluntary as well. Mr. Alanskas: I just think that with these tomes going up, it's going to help buffer noise. And usually people who buy homes do their own landscaping. They may be putting in trees or high bushes in their backyards, which will also help you with the noise problem. Ms. Bums: Yeah, I know that will help and everything, but at the same time, while they're being built, I know the noise is going to be tremendous and the amount of dirt. I have a pool in my backyard. I can just see it every night, I'm going to be vacuuming five inches of dirt out, and I have baseboard heat. I can't even put central air in to buffer most ofthe noise. Mr. Alanskas: Well, we all have that problem when new homes are being built. We all have dirt and noise that we have to put up with. Mr. McCann: After this next lady speaks, Mr. Roskelly can address some of these issues. Tem Lemmon, 12101 Brewster. I have a letter I'd like to submit. I meant to tum H in earlier, but I didn't get to it. I have a problem also with having some kind of a buffer or a fence, and its all of the reasons that my neighbor, Jackie, just said, and for the fad that we are the house that lives right off the entrance from that industrial road. We were told when they built it that they were going to put a fence across it. They never did. Fid when I 20212 called about it, they said they still had time to do that. Now theyre putling in this. Of course, theyre never gang to put up the fence. We couldn't talk about the residential properly when they we're doing the industrial. But this entrance, anybody that's coming up the industrial road has a direct line into our backyard. You know, I don't appreciate this at all. And I really would like you to look at that because I think it's very unsafe for our property. Anybody that wants to come up that industrial road can come right into our backyard. Of course, they're going to have some land of easement, so there won't be any residential. There's an easement of industrial property by that wall. They've got big cement sewer things sifting there row. I think it is unsafe and there should be some kind of fencing. It's unsafe. Mr. McCann: Which wall is not completed? Ms. Lemmon: Pardon me? Mr. McCann: Which wall are you tallang about? Ms. Lemmon: I'm talking about where they made the road for the residential. They slopped the wall and then confinued it where the road is going to go in for residential. So they come up the industrial road and go into their residential. And that's fine for them and for the people that are going to buy there, Ike they said, well that's their prerogative if they want to buy in a place that they come off industrial road. I did not buy into a place where people come off an industrial road into my backyard, and that's exactly what it is. Anybody can come up that industrial road and they're in my backyard. Mr. McCann: I'm not sure which lot is yours. Mrs. Lemmon: The one that doesn't have a number next to ... its 99-0015- 001. Mr. McCann: Are you at the corner of Capitol and Brewster? Mrs. Lemmon: Yes. Mr. McCann: You'd be at the northwest comer? Mrs. Lemmon: Right. Mr. McCann: Is there a wall in your backyard that abuts the industrial road? Mrs. Lemmon: There's a wall. You can see where the entrance is. 20213 Mr. McCann: Right. The wall should you go all the way across your rear propertyline. Correct? Mrs. Lemmon: Right. It does, and then it opens right there. Its open. There's not going to be any trees there so anybody who comes up that industrial road, all they have to do is go 20 feel and they're h my backyard. Mr. McCann: This should be Lot 1. The new subdivision is going to be putting a home in your direct backyard. Correct? Mrs. Lemmon: It shows that way, but what are the dotted lines? It shows number one and it shows dotted lines around it Is there an easement that goes around there? Mr. McCann: No, those dotted lines are the building envelope. That's where the home can sit. Mrs. Lemmon: Okay. There's not going to be any sidewalks in this subdivision? Mr. McCann: Yes, there will be sidewalks. Mrs. Lemmon: Okay. I'm just trying to figure out where the sidewalk will be. Will @ be where the street area is? Mr. McCann: I believe it will start in the front of that house and go around. Mrs. Lemmon: Okay. So the wall that's in there now that goes along the side of our property ... Mr. McCann: Lel me ask Mr. Roskelly. Is the wall completed all the way at this point? Mr. Roskelly: I believe there is a break at the intersection point there which would be in front of Lot 1. Mr. McCann: For the road. Mr. Roskelly: For the road. Mr. McCann: Right. We understand .... Mr. Roskelly: Other than that, the entre wall is in there. Mr. McCann: Right. And the wall extends down ... d makes the turn right now? 20214 Mr. Roskelly: No, it pcks up then at the other side of the new proposed road and continues off in the westerly direction. Mr. Shane: I think what her concern right now is because there's no house sifting there, it looks like it is open to anybody. You know, once the wall stops? But once the house is there, then that becomes somebodys private property and I think the problem goes away. Mr. McCann: Well, that too. And then as Mr. Pieroecchi points out, I believe the wall goes down from Stark Road and then at the very end it Tums. Mr. Piercecchi: Ilgoes southwest, right? Mr. McCann: Does it tum? Mr. Shane: No, it doesn't. Mr. Roskelly: The wall does not turn. It terminates at the point in the center of Lot 1, ifyou will, at the angle point. Mr. McCann: At the angle point. Mr. Roskelly: Yes, then it picks up, if you go to the west, now, across the street, diagonally. Mr. McCann: Exactly. All right. Mr. Roskelly: Then the wall picks up there and goes all the way to the westerly boundary. Mr. McCann: I guess tie issue is going to be resolved once we have a home built there. But I do remember in our preliminary discussions that the area was going to be fenced off with a privacy fence of some type, a winterfence. Mr. Roskelly: We discussed that and then the problem was a matter of safety. If somebody is in this property, right now, I think its open. But we talked about a temporary gate. I don't know if that was ever done. I don'lthink so. Mrs. Lemmon: It wasn't. Mr. McCann: No. Mr. Roskelly: No, ilwas not done. Is that a request atthis time? 20215 Mr. McCann: I don't know what the final decision was on that at the Council level. I think when it lett here, you were gang to do something to keep the industrial and everybody else from using the property by putting a temporary fence across there. Mr. Roskelly: Either a gate or something ... Mr. McCann: Something. Some type of accessibility. I don't know how that was resolved at Council. Mr. Taormina: It was incorporated into the approving resolution. So, as far as I know, that gate should be up there. We can look into that. Mr. Roskelly: I certainly will. Mrs. Lemmon: We're still going to get all that dirt, like Jackie was saying, when they start clearing away everything. I have pictures of sandstorms coming across before they built that wall for the industrial. Our land is mainly sand. And when you clear away the trees and the shrubs and all that, you have sand, and it blows. I think the City Council saw the sandstorm that was going across Stark Road from the industrial property when they cleared it. It was bad. We had to power wash our house. Its a sandstorm. I think that somehow he should put some kind of blocker up for us. I dont know how long they're going to be building back there. I can imagine all the noise and the dirt, and people back there. Just people in our backyard is what its going to be. There will be no blocker. It's coming off of industrial road. I just feel very vulnerable having all that in my backyard. Mr. LaPine: Are you talking about a fence? Are you talking about a cyclone fence? If it's a cyclone fence, if it's six fool high or eight foot high, that's not going to stop the sand or anything. Mrs. Lemmon: No. I'm talking about a blocker fence. Mr. LaPine: I dont think that we've ever discussed that. Mrs. Lemmon: Maybe a greenbelt, like Jackie was saying, trees would be good. Anything that is going to block. I mean if he puts up trees, I'll put up a fence on the other side to keep people out. If we can keep out the dirt, if he'll agree to put up a blocker for dirt, I'll do something on the other side to keep people out. Mr. LaPine: It seems to me that when we discussed this, you were concemed about the wall stopping right there. I think Mr. 20216 Roskelly at the time said he'd put up a cyclone fence across there to keep the tratficfrom coming back in there. Mrs. Lemmon: Well, that's what he says. Mr. La Pine: The cyclone fence is not going to take care of your problem as far as the sand. He can put up a cyclone fence, but once this construction is done and there's a house built on that one lot, I would assume the cyclone fence would come down unless the property owner wants it to stay there on that lot. Mrs. Lemmon: Well, that would be something maybe we could negotiate with the property owner. They may appreciate a cyclone fence there also because there is going to be cutting through these yards from Stark Road. No one is going to want to walk all the way down to Beacon. You know, if you get a lot of kids in there and sluff, theyre not going to want to walk all the way down to Beacon and go down their little path. They're going to be cutting from Stark Road across through our yard because its all open. And I can see this happening. I can see people coming off industrial road. I just feel like we're just there ... open ... and some kind of an agreement should be reached. If he puts up a cyclone fence, maybe we can put up the greenbelt, the trees, to block the dirt. We should reach some kind of an agreement. And I really do think that once a homeowner goes in there, that they will probably want the same thing we're going to want, either some kind of a greenbelt so they have privacy in their own backyard. Mr. McCann: I appreciate your comments. I think the staff has said it. We've built in certain things in the ordinance that they have to comply with. If its office abutting residential, some type of wall or greenbelt has to be put in, but not with residential to residential. I think it is part of the history of Livonia that with new subdivisions, you get mud; you get dirt; that's part of it. I think, as he said earlier, we really don't have a provision for a requiring him to be putting up fences between residential properties. Mrs. Lemmon: This is a little bit different though. You also have an industrial road coming onto residential. Yeah, you can say, okay, this property is going to butt up to that wall, and then we wont have that problem any more. We've seen so much variance. Like I've said, the fence that was supposed to be put up was never put up. We had people in the backyard writing on the wall. You can say, oh yeah, it's going to be done, but then its never done. And then we have to live with that. And I don't think that ve should have to pay for all this when he's the one whos 20217 introduced a industrial road into our backyard. When we moved there, they said, this is industrial and this is residential, and you won't have to worry about it because this industrial will come off of Stark Road and that will be industrial. This will be residential. And it was like, okay, well, then that's fine if that's industrial. Well, really, it hasn't been kept industrial because theyve got an industrial road coming onto a subdivision right behind our house. So they've connected the two as far as I'm concemed. Theyve connected an industrial to our subdivision, a road into our backyards from an industrial park where anybody can go, not just residents, its anybody. But that's my saying. If you can do something to reach an agreement to have him do part of putting up the fence, and we'll put up the greenbelt. I don't know. I just would like to see something done. I just feel very vulnerable with everybody coming off that industrial road. Mr. McCann: All right. Thank you. Your letter is part of the comments, and it will be put into the record. Mr. Alanskas: Ma'm, I would like to bring this up to date. If you recall, when this pefition first came before us, I came out to your homes and I had a meeting with all the owners. At first, it was a very intrusive industrial site that was going to go up there. They made it much, much smaller. They promised you people they were going to put a subdivision of homes behind it to appease you, and you said that would be great. Mrs. Lemmon: Butwe didn't know the industrial road would come into it. Mr. Alanskas: I understand, but lel me finish. I'm not sticking up for the petitioner. I've got a fence in my backyard for privacy that I had to put up to keep out either the other neighbor or keep out dogs. We all want to have open space, but it doesn't work all the time. So I don't think it's the burden of the developer to put more screening up. If you want more privacy, you might have to consider putting up trees yourself or a backyard fence. Thank you. Mrs. Lemmon: Okay. Thank you. Keith Lemmon, 12101 Brewster. That was my wife, previous. I just wanted to stale that when we bought our house, they said that the back was industrial and back behind us was residential. They didn't say that the industrial was going to come into our backyard. They never said that. I don't think it's right of them doing it that way, and I think because of it, they do ave us some privacy. Anyone who is working in those places are going to take shortcuts to our backyard and stuff like that to get to the main 20218 drags. And I do believe that's going to happen. As far as the wall that he put up there, he was supposed to plant trees there by the wall. None of that has been done yet. We're hearing all the noise from there, and we don't even have the trucks going through. You said it was going to be small businesses back there. There are no businesses back there. How do we know its going to be small? I know its not heavy industry, but do you know what's going back there? Does anyone know what's going back there? Mr. McCann: We only know the type and the size. That's all we can tell you. Mr. Lemmon: Exactly. I had my boy's graduation party in the backyard. There was sand in everyone's food and it was from that blowing sand. I washed my house twice with a power washer. I had to go out and buy one, and wash It twice with a power washer, thus far and its dirty again. Nobody does that. Do you wash your house twice a year? Does anyone wash their house twice a year? Its expensive to have that done. We're going to run into the same business when he mows those down and won't build a house on the properly until the property is bought and sold and people have to build their own house or whatever they want built. It will be the same way with that as the industry. When you buy the land, then theyll build the property. So that's going to stay dusty back there for how long? Until somebody buys the property, right? Mr. McCann: Sir, we knew ... Mr. Lemmon: We're going to have that dust stone for years or months or days or whatever until it's sold. Right? Am I correct? Mr. McCann: Sir, the issue before us is the residential development and does this plan or the traffic pattern work. That's the issue before us tonight. The industrial sub is done; its completed; it was passed by the City Council. Construction has begun. That was industrial. Right now, we're trying to decide whether the layout of these lots is appropriate or not. That's what we're here for tonight. Mr. Lemmon: All right. Mr. McCann: Thank you. Is there anybody else in the audience that wishes to speak? I'm going to close the public hearing. Mr. Roskelly, any last comments? Mr. Roskelly: I keep hearing that people are going to be going across the back of his property. There's a seven fool wall up there. When 20219 Lot 1 is built, and certainly it will be, a home will be there and certain shrubs will be placed. Mr. McCann: Once the home is built. Right now, I'm sure the lights are directing into their yard. Mr. Roskelly: In the 40 years of my developing land for myself, from Pulte Home to all the builders in 40 different units in this tri -county area, I have never ever heard of a contiguous properly owner with the same zoning wanting a buffer. How can you buffer? Why do you need a buffer from Rd to Rd? Why do you need a buffer from R-1 to R-1? What would we have? A complete city of greenbelts? I think its ridiculous. Thank you. Mr. McCann: A motion is in order. On a motion by Mr. Walsh, seconded by Mr. LaPine, and unanimously adopted, it was #0339-2003 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on March 11, 2003, on Petition 2003 -01 -PL -01, submitted by Basney & Smith, Inc., on behalf of Rosati Land Development, LLC, requesting preliminary plat approval to develop a 13 lot subdivision known as "Pastana Villa" located on the west side of Stark Road between Beacon Road and the CSX Railroad in the Southwest %of Section 28, the Planning Commission does hereby recommend to the City Council that the Preliminary Plat for Pastana Villa Subdivision be approved subject tothe following conditions: 1. That the Site and Landscape Plan marked Sheet 1A, dated October 17, 2002, as revised, prepared by Basney & Smith, Inc., is hereby approved and shall be adhered to; and 2. That a plan for the required entrance marker shall be submitted to the Planning Commission for approval prior to the approval ofthe Final Plat; forthe following reasons: 1. That the preliminary plat is drawn in compliance with all applicable standards and requirements as set forth in the Zoning Ordinance #543 and the Subdivision Rules and Regulations; and 2. That the preliminary plat represents a good land use solution to development of the subject land. 20220 Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. This conduces the Public Hearing section of our agenda. We will now proceed with the Pending Item section of our agenda. This item has been discussed at length in prior meetings; therefore, there will only be limited discussion tonight. Audience participation will require unanimous consent from the Commission. Will the Secretary please read the next item? ITEM #8 PETITION 2001 -05 -PL -01 ROSATI INDUSTRIAL Mr. Pieroecchi, Secretary, announced the next item on the agenda, Petition 2001 -05 -PL -01, submitted by Enrico Rosati requesting to revise the conditions of approval for the Rosati Industrial Park located on the west side of Stark Road between Schoolcreft Road and Plymouth Road in the South %nf Section 28. On a motion by Mr. Pieroecchi, seconded by Mr. LaPine, and unanimously adopted, it was #03-40-2003 RESOLVED, that the City Planning Commission does hereby recommend that Petition 2001 -05 -PL -01, submitted by William Roskelly, on behalf of Rosati Industrial Park, requesting to revise the conditions of approval that was previously approved by Council Resolution 228-02 on April 24, 2002, for the Rosati Industrial Park located on the west side of Stark Road between Schoolcrett and Plymouth Roads in the South %rof Section 28, be removed from the table. Mr. McCann, Chairman, declared the motion is caned and the foregoing resolution adopted. Mr. McCann: Is there anything new on this, Mr. Taormina? Mr. Taormina: I don't believe there is any new information. Mr. McCann: Mr. Roskelly, is there any new information that we need to be aware of? Mr. Roskelly: No, I believe this is regarding whether or not there is to be a sidewalk. Mr. McCann: That is correct. 20221 Mr. Roskelly: I have no other information other than the letter you have from the school indicating they prefer to go to Boston Post. Mr. LaPine: Mr. Roskelly, I just have one question: Are we still going to gel the trees along that wall as stated in Item 7. Is that correct? Mr. Roskelly: Yes. Mr. LaPine: And they're going to be spaced differently than originally planned? Mr. Roskelly: Theywould be spaced 20 feet apart on the final plan. Mr. LaPine: I see in the approving resolution that it doesn't menfion anything aboutthat. I want to make sure that we're still in agreement. Mr. Roskelly: Yes, it certainly is. Mr. LaPine: Okay. Thank you. Mr. McCann: A motion is in order. On a motion by Mr. LaPine, seconded by Mr. Alanskas, and unanimously adopted, it was #03-41-2003 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2001 -05 -PL -01, submitted by Wlilam Roskelly, on behalf of Rosati Industrial Park, requesting to revise the conditions of approval previously granted by Council Resolution 228-02 on April 24, 2002, for the Rosati Industrial Park located on the west side of Stark Road between Schoolcmft and Plymouth Roads in the South %of Section 28, be approved for the following reasons: 1. That this application to modify condition #13 of Council Resolution 228-02 requesting to delete the sidewalk along the south side of the industrial drive from Stark Road west to the residential Lot 1 is hereby approved; 2. That because of the type of vehicular traffic that will be using the industrial drive, it would be unsafe for pedestrians to walk next to the roadway; 3. That the proposed change will allow for a direct route between this subdivision and the existing residential subdivision to the south; and 20222 4. This modification will help discourage children from riding their bikes orwalking along the industrial drive. Mr. McCann, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resoluton. On a moton duly made, seconded and unanimously adopted, the 861st Public Hearings and Regular Meeting held on March 11, 2003, was adjourned at 1045 p.m. CITY PLANNING COMMISSION Dan Piercecchi, Secretary ATTEST: James C. McCann, Chairman