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HomeMy WebLinkAboutPLANNING MINUTES 2004-06-0121345 MINUTES OF THE 886th PUBLIC HEARINGS AND REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, June 1, 2004, the City Planning Commission of the City of Livonia held its 886th Public Hearings and Regular Meeting in the Livonia City Hall, 33000 Civic Center Drive, Livonia, Michigan. Mr. John Walsh, Chairman, called the meeting to order at 7:30 p.m. Members present: Robert Alanskas William LaPine R. Lee Morrow Dan Piercecchi H. G. Shane Carol Smiley John Walsh Members absent: None Messrs. Mark Taormina, Planning Director; Allen Nowak, Planner IV; Bill Poppenger, Planner I; Ms. Debra Walter, Clerk Typist; and Ms. Marge Roney, Program Supervisor, were also present. Chairman Walsh informed the audience that if a petition on tonight's agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in tum, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has len 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 dale 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 2004-04-01-04 BEVERLY STREET Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2004-04- 01-04, submitted by Beverly Street requesting to rezone property at 29559 Norfolk, located on the southwest corner of Fremont Avenue and Norfolk Avenue in the Northeast % of Section 2 from RUFA to R3. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. 21346 Mr. Walsh: Is there any correspondence? Mr. Nowak: There are two items of correspondence. The first item is from the Engineering Division, dated April 28, 2004, which reads as follows: "Pursuantto yourrequest, the Engineering Division has reviewed the above -referenced petitfon. We have no objections to the proposal at this time. Additional right-of-way is not required at this time. The legal descriptions as provided am comect. Parcel A and B can be served by the sanitary sewer which will be constructed in Fremont Avenue this construction season." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Petitioner, dated April 15, 2004, which reads as follows: "Please allow my husband, Robert Bresler, to speak on my behalf at the June 1, 2004, meeting for the rezoning of my property located at 29559 Norfolk" The letter is signed by Beverly Street. That is the extent of the correspondence. Mr. Walsh: Are there any questions from the Commissioners for staff? Is Mr. Bresler in the audience? Please state your name and address. Robert Bresler, 20305 Fremont, Livonia, Michigan 48152. Good evening. Mr. Walsh: Do you have anything to add to the Planning Department's presentation? Mr. Bresler: Not at this time. Mr. Walsh: Are there any questions from the Commissioners? Mr. LaPine: Is this your mother? Mr. Bresler: No, it's my wife, sir. Mr. LaPine: Does she own both parcels? Mr. Bresler That's correct. Mr. LaPine: Are you going to sell off the other parcel or are you going to build a house there? Mr. Bresler: As to the plans that she has for the property, she was going to divide those between her two children. One child right now is 19 years old attending college at Concordia University. She is 21347 going to give her the existing house, and she was also going to give her 13 year-old son the 80 foot lot when he became of age to do with whatever he wanted. Mr. LaPine: I see. Okay. So right now, basically, if you get the rezoning, nothing is going to be built? Mr. Bresler: No. There's no builders or anything in the fold or anything like that. Mr. Morrow: I just want to make sure that the gentleman is aware that if the new lot goes through, your buildings would be nonconforming. You'd have to go to the ZBA to gel approval for some setback requirements. Are you aware of that? Mr. Bresler: Yes, sir. Mr. LaPine: Mark, if and when they build a house on that lot, they just have to lake their plans to the Building Department and they'll make sure everything fits to code? It won't ever come back to us again. Is that cored? Mr. Taormina: It shouldn't have to. Following the rezoning of this properly, however, they would be required to split the properly and to petition the Assessor's Office for the lot split. Depending on what happens with the proposed language amendment, one of the items we're reviewing later this evening, they may or may not have to go to the Zoning Board of Appeals, but it's likely that they would for the deficiency in the setbacks of the buildings. Mr. LaPine: Al that point, once the land is split, and the 13 year old, I don't know if its going to be in his name, I doubt it, but if it is, at that point, at any time they want to sell a lot off to a builder, they would have no problem. Is that correct? Mr. Taormina: Yes, that should be cored as long as the split is approved by the City Council. Mr. Alanskas: The one child is only 13 and one is 19? Mr. Besler That's correct. Mr. Alanskas: Why do you want to split it now? Why don't you wait unfil about seven years down the road, and then do it, because everything can change in seven years? 21348 Mr. Bresler: I understand, but she was worried as to whether it can be done right now or not, what the requirements were and all that. Itwas her understanding that it was a site condo location, the new zoning would be, and that she would have to come up with bylaws. Mr. Walsh: Mr. Taormina, could you address that issue? Mr. Taormina: There's a statutory limit on the number of limes a lot can be split for building purposes. That would only be the case in the event that the original Lot 9 has been divided more than four times, and I'm not aware of that. I'd have to check the records. But if he is correct, ifthis represented the fifth division of that property, then any further divisions would have to be done through the Condominium Act. Mr. Alanskas: That answers my question. Mr. Bresler: Also, it really didn't matter whether she could do it now or then. Il was just a question of she wanted to get that out of the way. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one, I'm going to close the public hearing and ask for a motion. On a motion by LaPine, seconded by Morrow, and adopted, it was #06-74-2004 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 2, 2004, on Petition 2004-04-01-04 submitted by Beverly Street requesting to rezone property at 29559 Norfolk, located on the southwest corner of Fremont Avenue and Norfolk Avenue in the Northeast % of Section 2 from RUFA to 1-3, the Planning Commission does hereby recommend to the City Council that Petition 2004- 0040401-04 04-01-04be approved for the following reasons: 1. Thatthe proposed change ofzoning is compatible to and in harmony with the surrounding zoning districts and uses in the area; 2. That the proposed zoning district will provide for residential lot sizes which will complement the existing residential development in the area; 3. That the proposed change of zoning is consistent with the established character of the area; and 21349 4. That the proposed change of zoning will provide for development that will be consistent and in accordance with the Future Land Use Plan recommendation of low density residential land use for this area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. A roll call vole on the foregoing resolution resulted in the following: AYES: LaPine, Morrow, Shane, Piercecchi, Smiley, Walsh NAYES: Alanskas ABSTAIN: None ABSENT: None Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go onto City Council with an approving resolution. ITEM #2 PETMON 200405-01-05 SOAVE Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2004- 05-01-05, submitted by Michael and Reno Soave requesting to rezone property at 19751 Gill Road, located on the west side of Gill Road between Bretton Drive and Northland Drive in the Southwest % of Section 4 from RUFB to R-2. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are two items of correspondence. The first item is from the Engineering Division, dated May 5, 2004, which reads as follows: "Pursuant to yourrequest, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. Forty-three feet of right-of-way must be dedicated in conjunction with this development for Gill Road. Off-site storm sewers or a restricted outlet may be required to serve this development." The letter is signed by Robert J. Schron, P.E., City Engineer. There is also a letter from residents in the area, received by the Planning Commission on May 28, 2004, which reads as follows: "We are the neighbors 21350 surrounding the proposed zoning change. We fully approve of the rezoning and are hoping a new home will be built in the area, not only will it increase the value of houses but it will add beauty to the existing neighborhood. Please take into consideration that we are in agreement for the rezoning of the property at 19751 Gill Road." The letter is signed by eight residents of the area, six of whom live on Northland Drive, one on Sl. Marlins and one on Gill Road. That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Reno Soave, 20592 Chestnut Circle, Livonia, Michigan 48152. For the most part, the Commission pretty much mentioned most of our concerns with the property. There's R-2 across the street; there's R-3 to the rear of us to the west. One of the concerns we had was a few of those lots are not conforming. I believe there was a rezoning that was done several years back on the corner of Northland and Gill that created two or three additional lots that required ZBA approvals. So that's pretty much the grounds for our petition. I'd be happy to answer any questions at this time. Mr. Walsh: Are there any questions from the Commissioners? Mr. Alanskas: Could you tell us what type of a home you plan on building? Mr.Soave: Similar to what my family is building on Chestnut Grove off Eight Mile. Mr. Alanskas: Brick? Mr. Soave: It would be pretty much all brick, at lead 70% to 80% brick. They'd probably range from anywhere from 2,500 to 3,000 square feel. Mr. Alanskas: Ranch or colonials? Mr. Soave: Probably a story and a half, cape cod is what we're looking to do right now, and probably have a value from anywhere from $350,000 to $400,000 selling price. Mr. Piercecchi: Do you own Lot GGSA, the lot north of it? Mr. Soave: No, we do not. 21351 Mr. Piercecchi: Is that house occupied? It looks like it's in rough shape. Mr. Soave: The one to the north, you said? Mr. Piercecchi: Yes, north of your property. Mr. Soave: Yes, to my knowledge, right now there's a family who is leasing R, I believe. Mr. Piercecchi: Are you intending to purchase that land and continue north? Mr. Soave: No, I believe several years back it was already bought and split. Right now the house itself sits on two lots. The house is in pretty poor condition. I'm assuming the guy's going to eventually tear it down and built two houses. That's my understanding. That's what they told us, anyways. Mr. Piercecchi: So you have no intent to go north? Mr. Soave: No, sir. Mr. LaPine: That lot was sold a few years ago. I heard that the Soave family bought it. Is that not true? Mr. Soave: I believe my father bought it back in the middle of the '90's. Mr. LaPine: And I understand he was going to tear the house down and build two homes. I just wondered if the Soave family owns it? Mr. Soave: No. I can't recollect the guy's name at the present time, but he bought it. To my understanding from what he was telling us and what the guy leasing it was telling us, that he has about two or three years left on his lease, and after that the guy's going to build a house for himself. Mr. LaPine: But ft's nolyourfamily? Mr. Soave: No, sir. Mr. Walsh: Are there any other questions from the commissioners? Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one in the audience, I'm going to close the public hearing, and I will seek a motion. 21352 Mr. Piercecchi: I'm going to offer an approving resolution. It appears as though the residents in that area also were hoping for an approving resolution. On a motion by Piercecchi, seconded by Shane, and unanimously adopted, it was #06-75-2004 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 1, 2004, on Petition 2004-05-01-05 submitted by Michael and Reno Soave requesting to rezone property at 19751 Gill Road, located on the west side of Gill Road between Bretton Drive and Northland Drive in the Southwest % of Section 4 from RUFB to R-2, the Planning Commission does hereby recommend to the City Council that Petition 2004-05-01-05 be approved subject to the following conditions: 1. Thatlhe proposed change ofzoning is compatible to and in harmony with the surrounding zoning districts and uses in the area; 2. That the proposed zoning district will allow a reasonable development of the subject property into single family residential lots comparable in size to existing lots in the area; 3. That the proposed change of zoning represents an extension of an existing zoning district occurring immediately east of the subject property across Gill Road; and 4. That the proposed change of zoning will provide for development that will be consistent and in accordance with the Future Land Use Plan recommendation of low density residential land use for this area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. 21353 YY=11iFR?•9=k I Y 1[a]C FIQrLSLff6'bi'� E 1da]:114*H1h9=1 Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2004- 04-02-22 submitted by Scott Iglehart, on behalf of T -Mobile, requesting waiver use approval to erect a flagpole wireless communication lower al the Beth EI Cemetery a128300 Six Mile Road, located on the north side of Six Mile Road between Middlebelt Road and Carol Drive in the Southwest'''/ of Section 12. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are several items of correspondence. The first item is from the Engineering Division, dated April 29, 2004, which reads as follows: 'Pursuant to yourrequest, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time. Additional right -0f --way is not required at this time. The legal description is approved for use with this waiver use petition." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated May 11, 2004, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to erecta stealth Flagpole wireless tower on property located on the north side of Six Mile Road between Middlebelt Road and Carol Drive in the Southwest X of Section 12. We have no objections to this proposal." The letter is signed by Randall D. Tromblay, Fire Marshal. The third letter is from the Division of Police, dated May 10, 2004, which reads as follows: "We have reviewed the plans in connection with a proposal to erect a stealth flagpole wireless tower. We have no objections to the plan as submitted." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated April 29, 2004, which reads as follows: "Pursuant to your request of April 26, 2004, the above - referenced petition has been reviewed. The following is noted. (1) The tower may be approved as a special waiver use under Zoning Ordinance 18.42.A(c)3. 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 Florence Tetreault, dated June 1, 2004, who resides at 28115 Six Mile, which reads as follows: "Afferreading several scientific reports obtained on the intemet, 1 am very concerned about the 21354 proposed location of this tower. These reports strongly advise that such towers should not be located in school yards or hospital areas and should be at least several hundred feet from the nearest residential home. Some of the reports state that the results of some of the experiments are inconclusive. Clearly not enough time has passed to state definitively the effect the radiation would have on people. We should remember that when asbestos insulation was first installed in public buildings, there was no indication that it would prove to be harmful. Many years later, the evidence was in and the insulation had to be removed. Hindsight is a great teacher. Perhaps 20 years from now new evidence will be in concerning cell towers. 1 think that if we are going to en, we should eff on the side of caution. The cemetery is very large. The tower could be placed several hundred feet farther north and several hundred feet farther west. This would protect the people living in homes along Six Ivltle Road and along Carol Drive. The present proposed site is too close to both of these streets." The last letter is from Michael Cordtz, received by the Planning Commission on June 1, 2004, who resides at 17250 Carol Street, which reads as follows: "1 am writing this letter to voice my concern regarding the request fora waiver (Petition 2004-04-02-22) to erecta communications tower at the Beth EI cemetery on Six Mile Road. My main concern is the unproven long-term safety from exposure to such a tower. 1 have lived on Carol Street for over 14 years and have a five year old son who will be playing in close proximity to the proposed tower site for many years to come. For this reason, 1 am opposed to the tower at its currently proposed location. Given the amount of land available in the immediate area, 1 think another location further west or even at the northwest comer of the cemetery property would be a much safer and more popular choice. 1 would respectfully ask the Planning Commission to waive the half mile tower separation minimum to help accommodate T -Mobile in relocating it's 'stealthy' communication tower. 1 thank you for your time and consideration in this matter." That is the extent of the correspondence. Mr. Walsh: Are there any questions from the Commissioners for staff? Ms. Smiley: Mark, have they questioned a better location for the lower? Mr. Taormina: I will allow the applicant to respond to your question, but they have sited the tower to comply with the City's requirement that no tower be located within a half mile of an existing structure. Whether or not it could be positioned in another location within 21355 the cemetery grounds and still meet their requirements is a question they would have to respond to. Ms. Smiley: Where it's located now, they don't have a waiver of any kind because they meet all the requirements we would have, right? Mr. Taormina: It requires waiver use approval this evening, that's why ft's before you. Unless they can demonstrate that collocating on an existing lower is not feasible, then in order for it to be located within a half mile of an existing structure, that would require a two-thirds majority vote of the City Council. They would have to concur with your recommendation to locale the lower within that half mile buffer zone. Mr. Piercecchi: Mark, how many towers do we have in Livonia? Mr. Taormina: I don't know precisely the number of lowers. Many antennas are located on lop of buildings and other structures, Detroit Edison power line structures, for example. So if you're asking the exact number of monopole structures, I don't know. If you give me a few minutes, I can probably research that. Mr. Piercecchi: The reason why I ask that question, I was wondering if we had any problems with radiation or any studies that were performed in the eady phases of this? Mr. Taormina: No, not that I'm aware of. Mr. Walsh: Mr. Piercecchi, I can answer that. There have been studies done, but the Telecommunications Act, which the federal government passed, restricts the analysis of the safely to the federal government and not to the municipality. So we would not be able to rule based on safely. We would have to find other grounds for that ruling. Mr. Taormina: Correct. Mr. LaPine: The Iasi study we had on cell towers, it said we have a total of 36 of them. Some are monopole; some are not. We have a map here that shows where they are located throughout the City. There's quite a few of them in the town. Mr. Taormina: Presently, there are about 39 locations with antennas. Of those 39, there are probably about 30 monopole -type structures. 21356 Mr. LaPine: Looking at the map here, it doesn't look that there's that many around the Six Mile Road-Middlebelt area. It looks like there's one at Seven Mile and Middlebelt and there are two near Six Mile and Middlebelt. Mr. Shane: Mr. Taormina, I believe you said that the pole's lower is 290 feet from the easterly district line, which would basically correspond to the property line, I presume. Mr. Taormina: That is correct. Mr. Shane: That would mean that the lower is actually even a little further than that to the actual structure. Mr. Taormina: To the actual residence? Mr.Shane: Yes. Mr. Taormina: Yes, probably an additional 30 feel or so to the actual buildings on those properties. Mr. Shane: Could you esfimale for me the distance from the lower to the nearest residence on the south side of Six Mile Road, plus or minus? Mr. Taormina: That would be about 95 feet to the right-of-way, then the right- of-way itself which is approximately 120 feet, and then add to that probably another 35 feet to the actual structures. Mr. Shane: 240 feet plus or minus. Thank you. Mr. Walsh: Are there any other questions for staff? Hearing none, would the petitioner please step forward. Scott Iglehart, T -Mobile, 12170 Merriman, Livonia, Michigan 48150. This is an unusually complete report, and I appreciate the work that's gone into it. I would like, if I could, to just briefly address the Commission members, residents, staff and the rest of the citizens abouljust some general information about T -Mobile and how our network works because we are, of course, asking for specific permission for this one site. The concept in how wireless phones work depends on the network of these. They are tied together and the placement of this particular site, besides being in compliance with the City regulations so as to not require a variance per se, is also very much fied into what's existing and what will be constructed. It's a fairly elaborate sort 21357 of chess game that goes on as we construct and also visualize what will be the best sites in the future. We've brought in some diagrams that's I'd like to discuss a little bit later to show you how this site fits in. Actually, we summarized some of that in the materials you may have received and the staff may have prepared for you. Just briefly, T -Mobile is one of six nationwide wireless voice and data services covering the entire United States. This network of antennas nowadays is typically 100 feet high in the air. That varies somewhat but it's different than the old days when they used to be 200 and 300 feel in the air, perhaps when we were starling out. That also is the answer to the question of why we can't build a big lower two miles away and just put our antenna up on that, or go into an industrial area two miles away. The technology has changed such as that won't work any more. Users of our network and our competing other wireless carriers are basically everyone at this point. We have teens with prepaid cards, grandparents, mothers, mothers running Tale to daycare pickups that need to call, businessmen, and increasingly people are using them in their homes. This article, which came out Sunday in the Ann Arbor News, is entitled, "Land lines future unclear as phone technology advances." I don't know if this fellow is the definitive expert, but it's something to think about and does reflect a trend. Startup businesses, I started one up in the year 2000. Building our economic engine everywhere in the City of Livonia and everywhere else is very important. I know for a fact that wireless is crucial for that because, unfortunately, SBC may not be able to run right out and install phones for you. If you have a contract, you need to be on and have phone service immediately. Wireless can do that for you. Youcanwalkdown, sign a contract and be on the air. It is a factor in job creation, in my opinion, and it's obviously, when we talk about wireless infrastructure in Michigan and growing jobs in Michigan in the 21s' Century, the wireless infrastructure would definitely be a key part of that. I think most people would agree. Locally, since 1998, T -Mobile has had its network operations and engineering center for the Detroit region located in Livonia. That's at the Merriman Road site, paying taxes and providing dozens of high tech jobs to employees who shop and live in Livonia and nearby. T -Mobile is committed to being a good neighbor and remaining in the City indefinitely. I might add that we have our major switching facility for North America located in that site, so it's a serious investment for T -Mobile with the City of Livonia. Good neighbors means co -locating our antennas whenever possible. Co -location refers to placing antennas on existing structures. That is a very, very high priority for us. First of all, 21358 its the right thing to do. It's a good neighbor policy, but also it's economically sound. If we can put our antennas on an existing building or electronic transmission tower or something like that, we're always going to do that. Approximately 85 percent of our sites are co -locations, so its the exception when we come before you or other governing bodies and ask permission for a free-standing, in this case, flagpole lower. In the affidavits that we submitted to you, we documented that every effort was made to find a co-locafion alternative. In this case, we were not able to and that's why we proceeded to have the proposed flagpole site. I could also add that we just recently co -located on the Police Department lower here in the City of Livonia through working with the staff here and City Council and the attorneys. That revenue stream will be more than half a million dollars over the course of the lease - a little bit about the Detroit market and Livonia is part of the Detroit market for T -Mobile. This article also states that the Detroit area has the highest rate of cell users in the country, approximately 74%. I've been working here steadily forwireless companies since July of2000. I originally grew up in Michigan, but I came back to do this particular work. Meanwhile, more people are giving up land lines as I've staled before. This site proposed is for a coverage site. I will be showing you this diagram but what we're saying is, that the general area that it's intended to service is barely gelling coverage right now. People can gel a signal, perhaps especially in the middle of the night when there's no strain on the system. They can get a signal standing outside. Unfortunately, that's just not sufficient to provide the level of coverage people expect nowadays. They want and expect coverage in their businesses, in their homes, in their cars. This is what this site will help us achieve. So we're saying this will be the primary means of providing service to all T -Mobile users in the general vicinity of the site. It's a key lynch pin for the other sites we're proposing around it, and if it's not approved in this location, it's likely we will have to design two sites one way or the other to replace this one because its centrally located. Additionally, its co -locatable as staff mentioned to you. Two other carriers can co -locale on this flagpole lower. When we show you the diagram, we will show you that the adjacent site to the southeast has not yet been built in Redford Township but it has been approved. You'll see that it fits in very well with that site. The site in Redford Township is a 110 fool monopole. This stealth flagpole is, in my opinion, considerably more attractive, and it is definitely more expensive to construct. So we're trying to come forward with a site that we feel will be aesthetically pleasing, that fits within the ordinances, and althe 21359 same time will benefit T -Mobile as it attempts to provide better coverage to its customers. Also, the revenue in the lease would go to the Beth EI Congregation so that we're benefiting a landlord that in turn strives to benefit the community. So those are some general remarks. Specifics have been covered by your staff, and I believe this is probably part of the record now, at this point, the various documents we have submitted and the staff has prepared. I know you dont always have a chance to go through all the materials that you receive because of the volume of them. I would just say that in this package that we prepared is point -by -point detail of how we are in compliance with the ordinance for the City of Livonia, and also attached to that is an affidavit explaining the need for this from an engineering perspective. This is where this all starts. Our engineers monitor the network, see that the site is needed, and at that time they usually don't know anything in particular about the area. They ask is it possible to put a site there and it will be delegated outto persons such as myself. I am a site acquisition and zoning manager. Also attached is an affidavit explaining the process that led us to this particular site, and as you may have read, we initially attempted to see if we could go on the adjacent lower on Middlebell. This was rejected by our engineering department, which is in the affidavit that's attached. We reviewed databases, utility companies, tower vendors and FCC and FAA data. There are no feasible co -location candidates located approximate to this tower. Based on a professional evaluation, those factors and looking at the networks needs, this site was selected. What this diagram shows is a before and after scenario for our proposed site. The white areas are sites that do not have sufficient coverage. Right now you can see these are around the outside. This site here is the proposed site for the Beth EI Memorial Cemetery. This site here is the site that is located in Redford Township, which has received zoning approval. You can see that pulling this site here, the green represents maximum coverage in building, in car coverage for everybody. Putting the site here in the Beth EI Cemetery effectively fills the entire gap that is present here. This is the current coverage and you can see that there's a very large gap here. This is one of the very few areas where I've had trouble with my T -Mobile service and they send me to areas they're having problems in, right in this area right in the City of Livonia. So the intent of this site is, there is an explanation for why we have arrived at the proposed site in the cemetery, not only that it's 40 acres, not only that it reaches back a half mile off the road and is obviously a good place for a tower, but specific to this design, which has been evolving over the past 21360 year or so. We'd like to enter this into the record if we could. We did want to give you the sense that it is tied into something. Mr. Shane: Within the green area that you pointed out, which takes in the site you're talking about, is there flexibility within that site, within that green area, that the tower could be moved around a little bit? Mr. Iglehart: There is some; however, we're very much limited by the existing ordinances of the City. We're only 30 feel away from the half mile separation that's required to the west. Mr. Shane: What about to the north? Mr. Iglehart: That is something that is difficult to do. It's hard to think about moving very farther north because of the internments, if you go into the cemetery, you'll see begin as you move much further north. Mr. Shane: Okay. So west doesn't seem to be an option. You can't go much further west other than 30 feet. Is that what you're telling me? Mr. Iglehart: We are just past the half -mile separation required cistance in your ordinance. Mr. Shane: Thank you. Mr. Morrow: Did you mention what the yellow stands for? Mr. Iglehart: Yellow is basically, I guess, in -building, in-home coverage but may not reach into businesses, which are typically better constructed. Mr. Morrow: The green is the maximum coverage and yellow is marginal, perhaps? Mr. Iglehart: Yes, or adequate for now. We can look ahead and see that there's going to be a lot more data transmitted over these networks. Korea and other countries are already putting much more data across their wireless networks, and it's logical to assume the U.S. will be following soon. Mr. Shane: If it weren't for the distance limitation to the west, are there areas you could go to? 21361 Mr. Iglehart: The chairman of the cemetery board is here. That might be a question for you to ask him directly. Lel me see if ... is that something you'd like me to answer? I've done a visual inspection out there and, of course, I don't have the depth of knowledge that Mr. Deutchman has. It does appear that it would be possible in theoryto move to the west some distance. We're already more than twice as far as required set back from residential to the east, and almost as much to the houses to the south. So I'm not sure how much further to the west we would want to travel to achieve ... I don't know at what point we achieve a distance that's comfortable. We can'lgoloofarlolhe west because, first of all, their boundary. They only have 800 feel of frontage and, second of all, we need to slay within the design, if we can, of our network as we showed you in the poslerboard. Mr. Alanskas: I read your affidavit over completely. Atter reading it from this Scott Iglehart, which is the zoning manager, I'm convinced that this is a no problem site for the lower. In regards to the lower, what kind of a maintenance program do you have on the flag itself? Mr. Iglehart: Typically we offer a replacement flag to the landlord. Flags of all types, whether on telecommunication sites or not, have to be monitored by the landlord, as you could guess. Mr. Alanskas: The reason why I ask is because naturally flags, depending on the wind, they tear and they shatter. A lot of flags that are posted on poles look terrible because they're not maintained. That's why I asked what you would do in regards to making sure that this does not happen. Do you give them a lot of flags, or is there a time period that you do this, or how does it work? Mr. Iglehart: We agreed with the cemetery that we would give them an extra flag. These are very large, very expensive flags, and we would hope that the revenue stream from leasing the site would pay for additional flags. T -Mobile would be very unhappy with me if I promised them that we would maintain flags because, after all, they are trying to focus on their core business of telecommunications. Mr. Alanskas: So after the second flag, its the responsibility of the cemeteryto make sure it's maintained correctly? Mr. Iglehart: Yes 21362 Mr. Alanskas: All right. Thankyou. Mr. Iglehart: I think we can trust them. They are very much a vital member of the community. Mr. Alanskas: With this flagpole -type lower, we've come a long way from the towers we've had in the past. Do you foresee anything in the future in making anything different besides a flagpole? Mr. Iglehart: A different type of site? Mr. Alanskas: No, a different type of lower to make it look less intrusive. Mr. Iglehart: I don't have any kind of technical expertise. My background is in real estate and zoning analysis. I used to actually be staff for a Planning Commission. Mr. Alanskas: But this flagpole has come a long way. Thank you. Mr. Piercecchi: Sir, what determines the height of these structures? Whalfacts do you use? It seems like they're all over the place. Some are 300 feel high. What determines that? What is the range basically of these lowers? We have 39 types in 36 square miles. Mr. Iglehart: Why don't I lake an attempt to answer this, and then if we need further clarity, we'll ask our engineer who is here. I can tell you that in the last round of sites that were issued out by our engineers, at least all the ones I saw, which was 20 of them, they all were 110 to 120 feet high. The site at the cemetery, we requested that they analyze a less height because we thought it would blend in better with the community and the aesthetics of the cemetery. In general, the sites must be tall enough to get over trees, and trees in Michigan ran 60 to 80 feel high when they're mature. So that's a partial answer. Would you like more detail because I can ask Mr. Chauham if he'd like to speak further on it? Mr. Piercecchi: Inasmuch as we have a half mile distance between lowers, does that mean that each lower is good for like a quarter of a mile? Mr. Iglehart: T -Mobile has other sites, and it's not parliculady clear in some ways on this map which is generated to show radio frequency instead of roads. But for us, our existing sites to the west are really loo close to that lower that we're talking about to make it 21363 useable. In other words, it's a tower that is standing there and it's the first lower I went to when I began my investigation because it's already there. However, it will not function for us in our network because it is too close to the existing site, which is shown there on that diagram to the west. We're on another tower west of the one on Middlebelt, loo close to the one on Middlebelt to use. Mr. Walsh: Mr. Pieroecchi, if you don't mind, I'm going to go to Mr. Taormina who has asked for the floor. I think he has a point to make. Mr. Taormina: I'd just like to point out that the half mile distance requirement does not apply to applicants who demonstrate that co -location is not feasible. The graphic on the slide illustrates where that half mile line is. It is superimposed on the aerial photograph. As you can see in the lower part, the black dot, that is a general representation of where this structure is proposed. You can see the road pattern within the cemetery grounds. The red shaded area is actually the half mile radius from the lower that is located at Middlbelt and Six Mile Road al the Phillips Plumbing site. So you can see that this proposed tower falls just outside of that half mile distance, but again, it does not have to apply where there's a demonstration that co -location is not feasible. Mr. LaPine: When I went out and site checked the project, I noticed there are really no cemetery plots right in that immediate area where you're putting this tower. Is that corect? Mr. Iglehart: Yes, sir. Mr. LaPine: Then I went around the back northern part. So I imagine they picked that particular location basically because they wanted to keep it as far as possible away from the cemetery lots already developed. Is that correct? Mr. Iglehart: Yes, sir. There's also some nice existing growth there that we can put it in as shown in the photos. Mr. LaPine: Okay. I didn't read it, but when I went out there with Mr. Piercecchi, the flagpole that's there now is on a base, and that base has been dedicated to the cemetery by someone who died during the Second World War. What's happening to that? Is that flagpole going to be dismantled, taken out? Does the person that donated that know that this flagpole is going to be demolished or moved or anything like that? 21364 Mr. Iglehart: I spoke with Mr. Deutchman earlier today about that and he may wish to speak to you directly. My understanding is that the existing flagpole itself may not be utilized any more as a flagpole. However, the memorial itself would remain. There's no intent to destroy the memorial. Mr. LaPine: The bottom portion will still be there? Mr. Iglehart: Yes. Mr. LaPine: Okay. Mr. Morrow: This may be a little bit off the subject, but do you currently have any flagpoles of this nature in any other sites? Mr. Iglehart: Yes, we could locate the addresses for some and supply them to you. Mr. Morrow: This is not new ground we're plowing here? Mr. Iglehart: No. This is not new ground. Mr. Morrow: Is the flagpole going to be It in any manner? Mr. Iglehart: The flagpole will be proposed to be lit so that it will not have to be raised and lowered. Mr. Morrow: That is your intention? Mr. Iglehart: Yes. Mr. Morrow: That was where I was headed. So it will be constantly lit at night? Mr. Iglehart: That's what we had proposed unless the Commission has a different feeling for some reason. Mr. Morrow: Not 1. Ms. Smiley: Mark, thanks for investigating the property itself being tax exempt but that the structure proposed by T -Mobile will be laxed. I appreciate you checking on that. Mr. Taormina: That is correct. 21365 Ms. Smiley: And also I apologize for what I did to your name earlier. Mr. Iglehart: I'm not sensifive whatsoever about that. I didn't even notice. Ms. Smiley: I'm pleased to see the flag structure as opposed to just a lower, and I'm happy to find you sharing the wealth. You're going to have two other companies, probably two other providers? Mr. Iglehart: Yes. The flagpole is designed for two other wireless carriers as well as T -Mobile. Ms. Smiley: Because I do believe 74% of people in Livonia have cell phones. They're all on 1-96 and 275. I've seen them. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? Eric Henke, 17288 Carol, Livonia, Michigan 48152. Through research, I had a couple of concerns. One, video interference can be experienced by residents living near cell phone lowers. Will T - Mobile pay for devices inside each home to eliminate the interference and/or pay for cable television as in some past cases? Number two, I'm curious about concerns of cellular phone towers interfering with pacemakers. Number three, there's an article that came out by the Associated Press April 7 of this year that cell phones and cell phone towers interfere and disrupt some police and fire fighting radios. Mr. Walsh: Again, I will repeat that the Telecommunications Act of 1996 prohibits this body or the City Council from acting on safety concerns. The federal government has concluded after their own studies that it is safe and the law supercedes anything that we might do. We cannot rule on that basis. I hear your point and I'm answering it by letting you know, whether we agree or disagree, we're precluded from ruling on that. Mr. Henke: Even video interference? Mr. Walsh: No, on video interference, I'm going to lel Mr. Iglehart answer that. As for the police and fire, our Police Department has allowed - I think we have five carriers now on our lower. Mr. Taormina: Three or four, yes. 21366 Mr. Walsh: After extensive study on our police lower, it was determined, within the confines of the city and based on our own expertise, that it has had no such effect, and so we permitted it. Mr. Henke: Okay. Mr. Walsh: The one item that I'm going to ask Mr. Iglehart to address, if he would, is whether or not T -Mobile has a policy to reimburse citizens or provide any protection against interference? Are you able to address that point for this citizen? Mr. Iglehart: I want to see if our engineer could speak more directly to the interference question. Nilesh Chauham, T Mobile Engineer. I'm an engineer. As far as the interference with the cable, I think that is what the question was. Right? Mr. Walsh: That's correct. Mr. Chauham: To my knowledge, I'm not aware of any interference issues with the cable TV so I cant really comment on that. Mr. Walsh: The citizen made reference to a reimbursement policy that T - Mobile may have. Is that lme, sir? Mr. Chauham: I'm sorry. I'm not aware of any. Mr. Walsh: Okay. We hear you both. Perhaps in our vote it will come up. We hear one saying there is a policy and you're saying there isn't for T -Mobile. Al lead there's no policy of providing interference prevention equipment for lack of a better description. Mr. Chauham: Not that I'm aware of. Mr. Iglehart: I haven't seen the particular article that's been cited, but we're not aware of interference caused by T -Mobile's equipment. As you probably know, T -Mobile buys this spectrum from the U.S. government. Its quite expensive. We're limited to a very strict set of frequencies, which is monitored very carefully by the government, and fines of $10,000 a day are not uncommon if they find we deviated from this spectrum whatsoever. Within that spectrum, I don't believe there is a way we can interfere with it. So my answer would be, perhaps in a very rare instance it could be possible, but day-to-day, I've never heard of such a thing to be honest. Now I can't speak for all carriers, and there 21367 is one carrier on the police lower that has had some issues with the police. I want to be honest about that, but it's not T -Mobile. Mr. Walsh: All right. Thank you, sir. I'm going to suggest then that should this pass here and the Council, and there are issues, you may want to contact T -Mobile directly. Is there anything else that any of you would like to address? Is there any other member of the audience that would like to speak to this petition? Seeing no one, a motion is in order. On a motion by Morrow, seconded by LaPine, and adopted, it was #06-76-2004 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 1, 2004, on Petition 2004-04-02-22 submitted by Scott Iglehart, on behalf of T -Mobile, requesting waiver use approval to erect a flagpole wireless communication tower at the Beth EI Cemetery at 28300 Six Mile Road, located on the north side of Six Mile Road between Middlebell Road and Carol Drive in the Southwest % of Section 12, the Planning Commission does hereby recommend to the City Council that Petition 2004-04-02-22 be approved subject to the following conditions: 1. That the Survey Site Plan, marked Sheet Number S-1, prepared by Landtech Professional Surveying and Engineering, dated May 12, 2004, as revised, is hereby approved and shall be adhered to; 2. That the Enlarged Site Plan, marked Sheet Number G7, prepared by Landtech Professional Surveying and Engineering, dated May 12, 2004, as revised, is hereby approved and shall be adhered to, except that the proposed landscaping around the lease area shall consist of minimum eight (8) foot high evergreen trees spaced len (10) feel apart on -center; 3. That the Elevation and Mounting Details Plan, marked Sheet Number C-2, prepared by Landtech Professional Surveying and Engineering, dated May 12, 2004, as revised, is hereby approved and shall be adhered to; 4. That the proposed landscaping shown on the above referenced Enlarged Site Plan shall consist of a minimum of eight (8) foot high evergreen trees planted ten (10) feet on -centers and shall be installed to the satisfaction of the Inspection Department; 21368 5. That all light fixtures shall be aimed and shielded so as to minimize stray light trespassing across property lines and glaring into adjacent roadway; and 6. That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 18.42A and 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Walsh: Is there any discussion? Mr. Taormina: Would there be any additional conditions relative to illumination of the platform? Mr. Walsh: I was going to mention that. I understand from Mr. Morrow that he didn't have a problem with it. Personally, I do. If there's any reason for me to vole against it, that would be it. I think you demonstrated the need for the lower. The towers have come a long way, but to illuminate a lower of this height is of concern to me. I don't want to slop this from moving forward, but in my personal opinion, it will really slick out like a sore thumb at night illuminated. And if I stand alone, that's okay. Mr. LaPine: Mr. Chairman, if I may? Looking at the cell lower report we got here, the height of every tower in town is, as I'm going through here, 120 feel, 120, 145, 120, 120, 120, 120, 120, 150, 120, 120. This is one of the smallest ones in the City. The smallest one is 99 feel and that's at the Detroit Edison substation on 21369 School craft. Most of them are allover 100 feel. The City's tower is 300 feet. This is 90 some feel. I don't think that's going to be that big of a detriment personally. But I understand your position. Mr. Walsh: And again, I don't object to the tower at all. It's just the illumination. Mr. Morrow: Mr. Chairman, the only thing I would offer is, when you display the American flag, if you don't bring it down at the appropriate time, and you choose to leave it up 24 hours a day, to be technically correct it's supposed toilluminaled. Soshort oflhal, does that mean they would have to take it down every evening and put it up every morning? As I said earlier, the fact that it's illuminated doesn't bother me but I'm only one commissioner. I mean the setbacks are such that they meet the ordinance. As long as it's going straight up in the air, what we're seeing is the American flag. That's just my position. If you're looking for the flag to be illuminated at night as being part of the resolution .... Mr. Taormina: If we allow it to be illuminated, I think the Commission should consider additional conditions relative to the illumination, such that stray light shall not trespass onto the adjacent residential properties, and if it does that it be removed. It is contrary to the City's lighting policy to allow that type of directional lighting. I know it's done elsewhere in the community, but the recent policy that we enacted attempts to discourage that. It doesn't speak to flagpoles specifically, but we do try to minimize any type of spotlight effect where possible. Whether or not there are exceptional conditions here, I don't know. There was an indication from the petitioner some willingness to not illuminate the flag if that was the desire of the Planning Commission. Mr. Morrow: Ifthalgoes againstthe City's lighting policy, and the pelitioneris willing to forego that, then I will exempt that from the resolution that it be lit 24 hours day, at least during the night hours. Mr. LaPine: I don't really see where the problem is. When you're talking about the pole being 90 feet in the air, if they shoot it up from the south up toward the pole, all the light is going to be shooting up in the air. I don't see where it's going to have any impact on anybody around the surrounding areas. Mr. Morrow: I do know that in other petitions where things have been lit, the condition is such that should it be offensive to the neighbors, they make necessary adjustments to it. Butwhere I was coming 21370 from, if it goes against our ordinance for lighting, I for one don't like to go against our ordinances. Mr. Shane: I'd just like to say that I don't like these no matter where they are, but this is probably one of the better ones I've seen in the way it's handled. Number one, it's a Iitfle shorter; number two, it has a flag on it. But I don't think we need to advertise it at night if we don't have to, and certainly as Lee said, if it's against the ordinance, don't light it. But other than that, I have no problem with it. Mr. LaPine: Protocol is that if a flag is up 24 hours a day, it has to be lit, which means they're going to have remove the flag every night. I mean that's the way it is. Mr. Shane: Fine. If they want the pole up there, if they want the flag and they have to lake it down every day, so be it. Mr. Walsh: Is there any further discussion? The motion on the floor then is an approving that would permit it to be lit 24 hours a day as it stands. Mr. Shane: I have a question. Is there a way to alter the ordinance? Can the Council do that? Mr. Taormina: Its not an ordinance provision. It's not a restriction. This is a policylhalwas enacted by the City Council abouttwoyears ago to discourage that type of direct lighting. Mr. Shane: It doesn't require any formal action from anybody to alter that policy? Mr. Taormina: No, it does not, but if the Commission would like, we could add our standard language relatve to shielding light and preventing it from causing a distraction. At a minimum, the staff would suggest that we insert that language into the approving resolution. Mr. Walsh: Mr. Morrow, would you like to add that? Mr. Morrow: Yes, absolutely. Mr. LaPine: I have no problem with that. Mr. Walsh: So now we'll add the language Mr. Taormina has suggested. My last comment, again, please don't misunderstand me, the 21371 height is fine. I think the location is fine. I just don't want to light it. I love the American flag. Its going to be 90 feet in the air on a major thoroughfare, and I think that its unnecessary. Other than that, I think it all stands good. Mr. Piercecchi: In reference to this flag, there's no reason why the flag has to go up to the 90 foot level. Why can't it be down around the 40 foot level where it is now and make them put it up and take it down everyday. Won't that solve the problem? Mr. Walsh: To follow flag protocol, the pefifioner really has only two choices: lake it up each morning and bring it down each night or illuminate it. They have indicated through Mr. Iglehart that they wish to leave It up day and night, and they will illuminate it in accordance with flag protocol. So they've indicated their preference. Mr. Piercecchi: Preference. That doesn't mean that we have to acknowledge it. The flag right now goes up and down every day. Right? The cemetery handles it. Why is it a problem to run the flag up a certain height and you then you don't need the lighting. Take it down at night. Mr. Walsh: Mr. Iglehart, do you know if the flag that's presently there is raised and lowered each night? Mr. Iglehart: I have not monitored the flag there, but I can say that the flag that will go on this flagpole is quite large. I think we're talking something like 10 feet by 18 feet, otherwise it wouldn't be in perspective with the lower. So, to mise and lower that particular flag daily could be challenging, especially in a high wind situation and so on. I'm not familiar with the City policies, but I think we would be willing to work with the City and staff to do minimal lighting, pinpoint it, right center it on the flag. Perhaps we could mount it on the flagpole itself so it just shines up directly on the flag with minimal light. We already mount lights. We have to light lowers over 200 feet for the FAA. We already have special lights that point straight up. Residents call us all the time saying they're burned out. They're concerned. They're on, but they're doing their job. They can't be seen by the residents. So I would ask for the opportunityto lightthe flag and then if there's a problem, we can respond appropriately. We certainly want to Iighl it and gel it correctly from our point of view and then it would stay up just because of the size of it and the logistics of bringing it up and down. 21372 Mr. Alanskas: I just don't want to see T -Mobile or the cemetery held up because of a lighting issue. I think thatwhat he is suggesting, if we stay within our ordinance parameters of lighting, Mark, if there's a way where they can mise that light to be closer to the flag like you suggest, I think that would be a good solution and It would still take care of being lit all the time and yet it would not be intrusive to the area, to the neighborhood. Mr. Walsh: Any other discussion? Hearing none, would the secretary please call the roll? A roll call vote on the foregoing resolution resulted in the following: AYES: Morrow, La Pine, Alanskas, Shane, Pieroecchi, Smiley NAYES: Walsh ABSTAIN: None ABSENT: None Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. Y I =1 k5 Elil9 =k I Y I [a] � FIQriSriffrYt&*M:1 BYJI:7e1":1 S69 Clq:7a1 � k i Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2004- 04-02-23 submitted by Rolaro, Inc. d/b/a Rio Wraps, requesting waiver use approval to operate a limited service restaurant (Rio Wraps Restaurant) at 33523 Eight Mile Road, located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast % of Section 4. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated May 6, 2004, which reads as follows: "Pursuant to yourrequest, the Engineering Division has reviewed the above-referencedpetition. We have no objections to the proposal at this time. Additional right-of-way is not required at this time. The legal description to be used with this waiver use petition is approved." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the 21373 Livonia Fire & Rescue Division, dated May 11, 2004, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to operate a limited service restaurant on property located at the above -referenced address. We have no objections to this proposal." The letter is signed by Randall D. Tromblay, Fire Marshal. The third letter is from the Division of Police, dated May 10, 2004, which reads as follows: We have reviewed the plans in connection with a proposal to operate a limited service restaurant on Eight Mile Road between Farmington and Gill Roads. We have no objections to the plan as submitted." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated May 10, 2004, which reads as follows: "Pursuantto yourrequestof May3, 2004, the above -referenced petition has been reviewed. The following is noted. (1) As this is a change in use, this space must meet the current barrier free code in its entirety, including any point of sale counter, exterior entry door and all bathrooms. (2) No mention is made for provision of trash and/or grease containment. If dumpsterorgrease bin is to be used, will it be placed in an enclosure? (3) There art; elements of the plan that will not pass plan review (hallway width at lavatories such as this must be 48 inches when there is a closer and latch on the door). This Department will address those issues at our plan review when submitted. (4) The barrier free exterior access ramp needs to be repaired or replaced. (5) The Managing Agent of the shopping center, David Field, has requested to be copied on all correspondence in regards to Northridge Commons Center. This Department has no further objections to this proposal." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Are there any questions for staff? Is the petitioner here this evening? Jason Alden, 833 Sherbrook, Commerce, Michigan 48382. With the dumpsler, we are going to share a dumpsler and if that's not adequate, we will put in a dumpster. Mr. Walsh: Are there any questions from the Commissioners? Mr. Piercecchi: Sir, I'm not one to interfere with the free enterprise system, but are you aware that this will be seven food sites in that little area? Mr. Alden: Yes. 21374 Mr. Piercecchi: Is this particular product going to be in direct competition that would just knock one out or is it so unique that it's an added feature to the food chain in that area? Mr. Alden: Its different than everything else that's in there, but at the same time, it is similar, so ilwill bring more people to the area. Mr. Piercecchi: Where is it dissimilar from the other products? Mr. Alden: It's like a wrap sandwich. Subway just came out with some wrap sandwiches. I don't know exactly what Healthy Choice has. I haven't been in there yet. We have catering and all that like a lot of the other places loo. Mr. Piercecchi: Is it like Mexican food where you have something and you enclose around meal or whatever? Mr. Alden: Yes, it's in a wrap. Mr. Piercecchi: Okay. All right. You call that wrap. Mr. Alden: Yes, or a pita -type thing. Mr. Piercecchi: Butyou said Subway has some oflhose now? Mr. Alden: Yes. Mr. Piercecchi: There is a Subway in there now, isn't there? Mr. Alden: Yes. Mr. Piercecchi: Well, like I said, I don't want to interfere with free enterprise. Its your decision to make, and I wish you the best of luck. Mr. Alden: Thank you. Its not our goal to knock anyone out of that shopping center, though. It's to bring more people to the area to help everyone and ourselves. Mr. Alanskas: Is Rio Wraps a chain? Mr. Alden: Yes. Mr. Alanskas: Are there any other Rio Wraps in this area? Mr. Alden: In Livonia, no. 21375 Mr. Alanskas: In Farmington Hills or Garden City? Mr. Alden: There's one on Northwestern between 14 and Middlebelt; one on 14 Mile between Haggerty and M-5, one out in Milford on Milford Road by the GM Proving Grounds, and I think there's about 15 more. I don't know all the locations offhand though. Mr. Alanskas: Well, that's quite a few. Usually when a petitioner comes for a restaurant, they submit a menu so we can look at it. Oh, we have one. Are you going to have soups? Mr. Alden: We will have a couple soups. Mr. Alanskas: You will have soups daily? Mr. Alden: Yes. Mr. Alanskas: And will you have chili? Mr. Alden: Its a form of chili. Mr. Alanskas: And what are your hours going to be? Mr. Alden: I think they are 10 to 9 give and lake a little. Mr. Alanskas: How many days a week? Mr. Alden: Seven and Sunday is a little adjusted, maybe like 11 to 8. Mr. Alanskas: Now what about the grease containment. Are you going to have a grease container? Mr. Alden: There is a grease trap. Mr. Alanskas: There is? Mr. Alden: Yes. Mr. Alanskas: Inside the building or outside the building? Mr. Alden: Inside. Mr. Alanskas: And then that's picked up weekly? 21376 Mr. Alden: I personally haven't had experience with that yet. I don't know how fast it will fill up. It may be weekly; it may be bi-weekly. Mr. Alanskas: Depending on how much grease you get? Mr. Alden: Yes. Mr. Shane: Is this your first store that you will be operating yourself or are you operating d? Mr. Alden: I will be running R. I have prior restaurant experience. I've worked in a Subway for four years. Mr. Shane: But you've never run one of these particular shops yourself? Mr. Alden: No. Mr. LaPine: Are you working with the restaurant next door with the dumpster so you're getting a large enough dumpster to handle both stores? Mr. Alden: Yes. Mr. LaPine: Thank you. Mark, will they be required to put a brick wall around this dumpster? Mr. Taormina: I don't know the answer to that question. I believe it's screened from public view given its location at the rear of the complex. I'm not sure whether or not it would be visible from the residential properties to the south. That's something that we'll have to determine with the Building Department. Mr. LaPine: Even if it isn't visible from the residential property, one of the reasons I always thought we had these enclosed and with doors on it is in case sluff fell out, it wouldn't blow around the whole area. It would just blow around inside where the dumpster is. Mr. Taormina: Well, since he's sharing it, I'm not sure if we required that as a condition of approval for Healthy Choices or if that was a pre- existing container, but it's within the discretion of the Planning Commission to require an enclosure. I don't believe the ordinance mandates the three wall container, but its certainly within your power to stipulate that as a condition of approval of granting the waiver use. 21377 Mr. LaPine: I justthink it makes good sense. We're making the restaurant we just approved on Seven Mile Road there, we're holding up his approval on his outdoor seating until he encloses the dumpster. What's the difference? We're making him put it in and there's only four stores there? I guess I'm trying to find out, Mark, how do we choose one place that should have it and another place doesn't. Mr. Taormina: We don't always require it. There have been several petitions involving restaurants at shopping centers where they use dumpslers at the back that are not screened. In other cases, we require it. I think each case is reviewed by its own mems. I'm looking at the aerial photograph of this center right now, and although it's a few years old, I only see one trash containerthere and ildoes appearlo be screened. Thalwould be in the southeast corner of the complex. I'm thinking that's directly behind Block Buslervideo. Mr. LaPine: You're exactly right. Mr. Alden: There is a dumpster that is enclosed back there. That's the one we were going to use. I dont know if that affects it. Mr. Taormina: If the existing one is enclosed, then that's fine. If he chooses to install another one, we can include the condition that it be screened in a similar manner. Mr. LaPine: But you say you're going to use the dumpster that's there? Mr. Alden: That is provided by the landlord. Mr. LaPine: Do we know if the capacity of that dumpster is large enough to handle whoever is using it now plus these two restaurants? Mr. Taormina: I dont know that. Mr. LaPine: Whodelermines that? Mr. Taormina: I think that's the landlord's and tenant's decision. If the Inspection Department sees a problem, they will discuss that issue with them. Mr. Shane: I was going to say, it's always a little fuzzy when you're trying to determine who is responsible for dumpslers when you have a long shopping center and they have all these different uses. I think that's why at a number of locations we haven't required 21378 a particular user to erect a dumpster enclosure. Whose responsibility is it, the tenant or the shopping center owner? Unfortunately, in this case, it sounds like you're going to be using an existing enclosed dumpster. Hopefully that will take care of it. I guess I would be for having a stpulation in there that if that one isn't available or whatever, that the shopping center owner or the petitioner will erect the proper dumpster enclosure. Maybe we can do something like that. Mr. Morrow: As far as the enclosure for the dumpster, is there room if the existing dumpster is not large enough, is there room to have a larger dumpster put in that enclosure to perhaps take up the excess? Tom Slegeman: If I could interject. I'm with the franchiser. Sometimes the issue isn'tthe size ofthe dumpster, it's an increased frequency of picking up on the dumpster. So our intention is to go forward with the current dumpster that's there based on our contractual agreement with the landlord. If, indeed, the garbage is in excess of what the capacity of the dumpster allows, we can increase the frequency of how often that dumpster is removed, emptied and replaced. Mr. Morrow: That's a very good point Mr. Walsh: Any other questions or comments from the Commissioners? Hearing none, is there anybody in the audience that wishes to speak for or against this petition? Seeing no one, I'm going to close this public hearing and ask for a motion. On a motion by Smiley, seconded by Alanskas, and unanimously adopted, it was #06-77-2004 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 1, 2004, on Pefilion 2004-04-02-23 submitted by Rolaro, Inc. d/b/a Rio Wraps, requesting waiver use approval to operate a limited service restaurant (Rio Wraps Restaurant) at 33523 Eight Mile Road, located on the south side of Eight Mile Road between Farmington and Gill Roads in the Northeast''/. of Section 4, the Planning Commission does hereby recommend to the City Council that Petition 2004-04-02-23 be approved for the following reasons: 1. That the number of customer seats shall be limited to no more than 30 seals; 21379 2. That the following issues as outlined in the correspondence dated May 10, 2004 from the Inspection Department shall be rectified to that Department's satisfaction: • That this space shall meet the current barrier free code in its entirely, including any point-of-sale counter, exterior entry door and all bathrooms; • That the barrier free exterior access ramp shall be repaired or replaced; 3. That a dumpster shall be provided for the subject restaurant and shall be emptied regularly as needed. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use complies with all of the special and general waiver use standards and requirements as set forth in Sections 11.03 and 19.06 of the Zoning Ordinance #543; 2. That the subject site has the capacity to accommodate the proposed use; and 3. That the proposed use is compatible to and in harmony with the surrounding uses in the area. FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 19.05 of Zoning Ordinance #543, as amended. Mr. Walsh: Is there any discussion? Mr. Alanskas: During your lunch hour, that's your busiest time, how many employees are you going to have working making sandwiches? Mr. Alden: Between four and five. Mr. Alanskas: Okay. Thankyou. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. 21380 YY=11iE4�9=k1III I[a]C 11PIQrLSLls6bkl9=k 0AL4'LSI41U9gIL', WI C 10 Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2004- 04-02-24 submitted by Pete Wood Plumbing requesting waiver use approval to expand outdoor storage for contractors to store commercial vehicles at 31675 Eight Mile Road, located on the south side of Eight Mile Road between Merriman Road and Osmus Avenue in the Northeast''/. of Section 3. Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence, Mr. Nowak? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated May 5, 2004, which reads as follows: "Pursuant to yourrequest, the Engineering Division has reviewed the above-referencedpetition. We have no objections to the proposal at this time. Additional right-of-way is not required at this time. The storm sewer outlet shown is under the jurisdiction of the Road Commission for Oakland County and the owner will have to obtain their permission to tap their storm sewer. The legal description to be used with this waiver use petition is approved." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated May 11, 2004, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to expand outdoor storage for contractors to store commercial vehicles on property located at the above - referenced address. We have no objections to this proposal." The letter is signed by Randall D. Tromblay, Fire Marshal. The third letter is from the Division of Police, dated May 11, 2004, which reads as follows: We have reviewed the site plans in connection with a proposal to expand the outdoor storage for 31675 Eight Mile Road. We counted 11 parking spaces located south of the existing oneatory building. One of the parking spaces should be posted as a handicap parking space and all 11 parking spaces need to be painted. We have no objections or recommendations regarding the storage area." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated May 10, 2004, which reads as follows: "Pursuant to your request of May 3, 2004, the above -referenced petition has been reviewed. The following is noted. (1) The existing landscape beds are in poor repair and need maintenance and care. (2) The existing fence appears to be 6 feet tall topped with barbed wire. (3) Is a new 21381 dumpster enclosure planned? It is unclear as to what is proposed. (4) The gravel paving at the east side is not allowed. (5) Once the entire parking area has been repaved, the required parking will need to be double striped and accessible parking nearest the entry signed and marked. (6) A super majority vote of council will be needed to waive the requirements for a 20 -foot wile greenbelt abutting the residential property with the designated plant material as specified in 16.11(b)5. (7) We did not receive the required vicinity map as per 16.11(b)(3)a. This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Is the petitioner here this evening? Pete Wood, 31675 W. Eight Mile Road, Livonia, Michigan 48154. Mr. Walsh: Is there anything you'd like to add to the presentation? Mr. Wood: Just that I bought the building in 1998, and since I bought it, I put a new roof on it, a blue roof, and I plan to put a lot of money into security and asphalt and making it a nice site. Mr. Walsh: Thank you. Any questions for the petitioner? Mr. LaPine: All the old equipment out there, you've got two trailers there. They look like they're bashed in. They are in terrible shape. Are they going to be removed? Mr. Wood: Yes. I inherited those when I bought the properly and we're in the process of emptying those right now. Mr. LaPine: And all the other debris around there to the north of that, there's a lot of copper tubing you brought back from sites laying on the ground. There's a car back there. I don't know if it runs right or anything. Is that all going to be cleaned up? Mr. Wood: Yes. Mr. LaPine: How about the trailer that is to the east of your building? Mr. Wood: That will be removed too. Mr. LaPine: Do you use that for anything now? 21382 Mr. Wood: We used to use it for copper tubing. It is alarmed and it really has very minimal stock in R. Mr. LaPine: When you repave the parking lot in the back, and you're going to repave the east side where you're going to remove the trailer, coming in off of Eight Mile Road, the main drive going to the rear, is that all going to be repaved? Mr. Wood: Yes. Mr. LaPine: You've done a nice job of landscaping the front. You were working on it the day we were there. That's all I have, Mr. Chairman. Mr. Piercecchi: We understand you want the greenbelt waived. I have a question regarding that area. What would be the maximum height of equipment that you would store up against that five fool wall that's adjacent to residential property? Mr. Wood: It would be typically an Econoline van, like just a regular van. Most of what we will be parking in there is trucks that contractors use like an electrician or a painter, a landscaper. Mr. Piercecchi: Will they have baskets and that on them? Mr. Wood: No. Mr. Piercecchi: So what would you say the maximum height would be? I know there is some screening in that area. Mr. Wood: Yes, there is a greenbelt area there now with some pretty dense shrubbery. Mr. Piercecchi: Well, there are some gaps loo. It's not total screening. But that's what I'm so concerned about, how high some of these vehicles can be. Mr. Wood: Well, that area there, we could keep that back of the wall to a minimum height, to like a standard van. Mr. Piercecchi: How do we get that in the resolution, Mr. Chairman? Mr. Walsh: Mark? Mr. Taormina: We can include those types of restrictions or limitations in the resolution. 21383 Mr. Piercecchi: We don't want any booms on them or things like that that's going to go way over that wall and can be seen. After all, it is residential properly and we have to protect that. So, Mark, can you come up with it? Mr. Taormina: To do that, we first need to learn what exactly is being stored on the premises. We may want to place height restrictions on the type of equipment to be stored on the property. I think we should at lead know what he is intending to store on the property. Mr. Piercecchi: I don'lthink he knows what equipment is ultimately going to get in there, do you? Mr. Wood: No, but for four years I've had a backhoe and a dump truck. It's currently not there, but we've had a Case 580 backhoe on a trailer and a dump truck. Mr. Piercecchi: The question I'm asking you could go a long way to City Council waiving the greenbelt if they know that there's not going to be any equipment parked back there. So we'll try to gel that in the resolution then. Thank you, Mr. Chairman. Mr. Shane: I think my question was mostly answered. I was just going to ask Mr. Wood to get very specific on what's going to be stored on the site, and I think you're headed there, but I'm not so sure we know exactly what it is. Mr. Wood: I'm sorry I don't have it, but there was an article in the News that several violations are written in Livonia yearly for contractors that park in the neighborhoods. The idea is to use that area for contractors' vehicles. So there could be some contractors that might have trailers or a bobcat or a landscapers trailer, a typical Econoline van that a contractor would use, commercial vehicles. Mr. Shane: So you're talking about vehicles as opposed to other equipment. What about your kind of equipment? Mr. Wood: Again, we have several vans. They all have ladder racks on them. Backhoe, dump truck. Mr. Shane: Will there be any materials of any sort that aren't vehicles, like pipes or whatever? 21384 Mr. Wood: Right now we do have a pipe rack that is closer to the building there. Mr. Shane: How high is that? Mr. Wood: That is approximately about 7 - 8 feet. Mr. Alanskas: Al our study meeting, I was really not loo much in favor of approving this, but after seeing your site, I can see that you're trying to improve the building. But 1, like Mr. Shane, would like to make sure you're not going to be storing old equipment and parts. I want to make sure you don't store it in your yard. Do you do commercial and residential both? Mr. Wood: Both. Mr. Alanskas: So what if you are putting in plumbing and toilets and sinks and you take out the olds ones. What do you do with them? Mr. Wood: Any fixtures that we remove typically are ... Mr. Alanskas: You bring back to the site? Mr. Wood: The only thing that we bring back now typically would be like a water healer. We store those next to the dumpster and usually a scrap guy will come by at least once a week and pick those up. Mr. Alanskas: So after they're brought back, they're gone after no more than 48 hours? That's two days. Mr. Wood: Well, I don't know if it would be that quick, but within a week. Mr. Alanskas: I think you can see where we're coming from. We don't want to have like a scrap yard there. I can see storing some commercial vehicles if they're not loo large, but if you're going to start storing junk and like Mr. LaPine said, you have old cars there and a lot of refuse back there that's been there for quite a while. Now because you come before us, you say you're going to get rid of it, but if you do gel rid of it, what's going to happen six months down the road? Are you going to put back more old cars there, and old junk back there? Mr. Wood: No, actually, that vehicle is my son's vehicle. It's just been a couple months. We were trying to decide what to do with it. 21385 Mr. Alanskas: And now that you want to be approved, now you decide to get rid of d? Mr. Wood: Well, we need to get rid of the car and the trailers and clean the site up. We've been doing that since we've moved in. Mr. Alanskas: Once you get the area clean, it's going to be kept clean? Mr. Wood: Yes. Mr. Morrow: Mr. Wood, my concern is the fad that this waiver use will be running with the land. That means if you gel this approval without restrictions, you can pretty much put in there what you want to, and being an accessory use to your business, we can see you're hard pressed to say exactly who will be coming to you to store whatever. And that's my concern. Also, you are backing up to a fairly dense residential area. Now, would there be restricted hours to that activity or would it be open 24 hours a day for your tenants to come in and go, say 4:00 in the morning or bring back equipment at midnight. Any thought as to what the hours of access to your properly would be? Mr. Wood: The current hours of operation now are 7:30 to 5:00. The proposal includes a gale with a carded entry so the site would be accessible 24 hours a day. Mr. Morrow: What I'm saying is we need a more definitive idea of the types of things that are going to be stored in there, seeing that the waiver runs with the land. I can remember on Eight Mile Road when it was a vast storage area from Farmington Road to Middlebelt with of all various types of things being stored back there, slicking up in the air. That's one of the things we've been trying to clear up through the years. I don't want to see this begin to go in the other direction. Anyways, those are my concerns. The other thing was, I would like to see your dumpsler further away from the residential area closer to your building. I know that it probably won't impact the neighborhood loo much, but I think its just a good practice not to have it too close to the neighborhood. Mr. LaPine: Basically, are you going to have the same people renting from you? Say a contractor has a job out in this area and he needs storage for a month. Will you lease for a month? Are you going to have yearly leases? How are you going to operate as far as the lease is concerned? 21386 Mr. Wood: The goal is to have long term leases, hopefully yearly leases. Mr. LaPine: Okay. I'm glad to hear that. And I have the same concerns as the other members of the commission have. When the Schuler's company was in there, they gave us a list of everything that was going to be in there, so we knew what we could expect. Here, we really don't know for sure. Maybe you don't really know for sure. I like the idea you're going to clean up the back, you're going to pave it all, which is good. I mean a lot of these stores we have in the City are not like that. They're just kind of a bunch of gravel down there. This is good as far as I'm concerned, but I'm a little worried about not knowing exactly what's going in there. If you were just doing this for your own operation, I wouldn't have a problem at all. But now that you're going to be leasing things out, I'm just worried. The other thing that Mr. Morrow brought up that worries me, especially during the summer months, some of these people will be working until 8 and 9:00 until it gel darks and then they start rolling in with this equipment. It's kind of late at night to be pulling it in and making noise with the residential people, then maybe they're back out there at 5:00 in morning pulling it out again. It creates a problem for the residential homeowners. So I don't know which way I'm going yet. Mr. Alanskas: Sir, how many employees do you have? Mr. Wood: Right now, I have 12. Mr. Alanskas: How many of your own vehicles do you have here? Mr. Wood: I have five vans, two pickup trucks, a dump truck and a backhoe and trailer. Mr. Alanskas: Now the backhoe that you have, is that ever run on the property itself or it is always put on a lowboy and taken to a job site? Mr. Wood: Its taken to a job site. Mr. Alanskas: It is taken on a lowboy? Mr. Wood: Yes. It's a trailer. Mr. Alanskas: I really don't have a problem with what you want to do, but again because you want to lease your storage in back, it could be due to a lot of subcontracting. 21387 Mr. Wood: A lot of subcontracting? Mr. Alanskas: Yes. Mr. Wood: No. Mr. Alanskas: You don't. All right, so you have no slop gale. If I called you and said I wanted to store four big 40 -fool trailers, you would lease it to me? Mr. Wood: I'm sorry? Mr. Alanskas: If I was contractor and called you and said, "Mr. Wood, I'm a plumbing contractor and I need to store four 48 -fool trailers for a year." Would you lease that tome? Mr. Wood: That's not what I'm looking for. No. Mr. Alanskas: All right. What are you going to lease? Mr. Wood: The areas that I'm looking ... Mr. Alanskas: Because we have no idea. Mr. Wood: The area is for contractors that work out of their homes that drive vehicles that are typically parked in the City that they're not allowed to park in their driveway or in front of a house. So it would be typically like an electrician, an HVAC contractor. Mr. Alanskas: Is it fair to say that you would stipulate that you're going to be leasing strictly to small vans only? Mr. Wood: No, because one item would typically be a trailer. Mr. Alanskas: How big of a trailer? Mr. Wood: Like a 14 fool trailer. I have one right now. It's typical of what a landscaper might use. Mr. Alanskas: So if 10 people called you and they all had 14 fool trailers, you would lease that area to them to put those trailers down there and have them stay there for a year? Mr. Wood: Yes. Mr. Alanskas: I have a problem. Thank you very much. 21388 Mr. Walsh: Mr. Wood, just a couple comments on the discussion that has taken place tonight. One, I think you have a good reputation, and you've done a nice job making an investment in the building. Mr. Wood: Thank you. Mr. Walsh: We obviously have some concern about what you're going to park there, and I think what you're offering is a win-win situation for the City and yourself. Its an opportunity to make some extra income. And the City is cracking down severely on people who park work vehicles in their driveway. Yet, these are the exact same people that I'm going to want to come to my house at midnight when I'm having a problem, and I don't want them to have to drive four hours to find their equipment. If it's here in the City and its at your lot, I think that's good. It's the definition we're struggling with in terms of what you're going to have there. I think we're inching toward that. Maybe tonight isn't the night to come to a final conclusion on what it is. I don't know if a tabling resolution is in order. Ms. Smiley: I think I would like to offer a tabling resolution until we have some more questions answered. Mr. Shane: We haven't gone to the audience yet. Mr. Walsh: You're absolutely right. Is there anybody in the audience that wishes to speak for or against this petition? Seeing no one, I will close the public hearing. A motion is in order. Ms. Smiley, if you will restate your motion? Ms. Smiley: That we table it unfil we can gel some more answers available as to what's going to be there. Mr. Walsh: Depending on the schedule, could we table this until our Study Meeting next week and then back to the Regular Meeting on the 15" so we don't have to hold up Mr. Wood? Mr. Taormina: Yes. On a motion by Smiley, seconded by Shane, and unanimously adopted, it was #06-78-2004 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 1, 2004, on Petition 2004-04-02-24 submitted by Pete Wood Plumbing 21389 requesting waiver use approval to expand outdoor storage for contractors to store commercial vehicles at 31675 Eight Mile Road, located on the south side of Eight Mile Road between Merriman Road and Osmus Avenue in the Northeast % of Section 3, the Planning Commission does hereby recommend that Petition 2004-03-02-13 be tabled to the next Regular Meeting of the Planning Commission on June 15, 2004. Mr. Alanskas: Does Mr. Wood know exactly what we want him to get ready for this? Mr. Walsh: Mr. Wood, the rules of discussion on a tabling motion are rather limited, but I think, unless there are objections, what I will tell you is we're hoping that you will work with our staff, if this motion passes, to come back to our study meeting next week and give us a defined utilization of your property so we can build that into our resolution and gel you onto the Council at our meeting on the 15r". Mr. Wood: Is there a preference that you're looking for? Mr. Walsh: Again, if this resolution passes, we suggest that you work with Mr. Taormina, and he will give you some guidelines on our behalf. If you're able to attend our study session next week, we can discuss this with you further. Would the secretary please call the roll? Mr. Piercecchi: We will all go and take another look at your property prior to next week. It would be nice if you could have some of that sluff out of there. Mr. Wood: Okay. I'll do my best. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. ITEM #6 PETITION 2004-04-02-25 CLIPPERS LANDSCAPING Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2004- 2004-04-02-25 submitted by Clippers Landscaping requesting waiver use approval for outdoor storage of landscape supplies and equipment at a business at 13320 Stark, located on the east side of Stark Road between SchoolcraR Road and the CSX Railroad in the Northeast % of Section 28. 21390 Mr. Taormina presented a map showing the property under petition plus the existing zoning of the surrounding area. Mr. Walsh: Is there any correspondence? Mr. Nowak: There are four items of correspondence. The first item is from the Engineering Division, dated May 4, 2004, 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. Additional right-of-way is not required at this time. The legal description provided is approved." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated May 11, 2004, which reads as follows: "This office has reviewed the site plan submitted in connection with a request for approval of outside storage of landscape supplies and equipment on property located at the above -referenced address. We have no objections to this proposal." The letter is signed by Randall D. Tromblay, Fire Marshal. The third letter is from the Division of Police, dated May 11, 2004, which reads as follows: We have reviewed the plans in connection with a proposal for outside storage of landscape supplies and equipment. We have no objection to the plan as submitted. However, there are currently no handicap parking spaces at the listed business. One individually signed handicap parking space is required. All of the parking spaces including the spaces on the south side of the property need to be repainted." The letter is signed by Wesley McKee, Sergeant, Traffic Bureau. The fourth letter is from the Inspection Department, dated May 10, 2004, which reads as follows: "Pursuant to your request of May 3, 2004, the above -referenced petition has been reviewed. The following is noted. (1) A pipe frame for an indeterminate use is in the front yard, eitherin or close to the right-of-way and must be removed. (2) The existing landscape beds need maintenance and clean up. (3) The salt storage area must be constructed to meet MDEQ standards and is reviewed as uncovered or open. (4) All existing structures, sheds and hoppers, outside of the main building, numbering four, are reviewed as though demolished and removed as per site plan. (5) The parking lot needs maintenance, repair, resealing and double striping of required parking. Accessible parking nearest the building entry needs to be signed and marked. (6) It appears petitioner is proposing to remove trees and shrubs at the east and north property line that are not detailed in the site plan. (7) The grade elevation differential between this site and the north abutting property will need to be addressed by the 21391 petitioner. This Department has no objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. That is the extent of the correspondence. Mr. Walsh: Are there any questions from the Commissioners for staff? Seeing none, is the petitioner in the audience? Edward McIntosh, Clippers Landscaping, 15473 Parklane, Plymouth, Michigan 48170. Mr. Walsh: Is there anything you'd like to add to the staffs presentation? Mr. McIntosh: No, they covered it very well. We are an existing landscape business in Livonia. Al the current time, we've been for 10 years at the Eight Mile address. We went through this procedure in order to gel there. We complied with all the City codes and requirements they put on us at that time, and we've had a very good relationship with Livonia. We want to keep our business in Livonia. It's growing. That's one of the reasons we are moving to a bigger location in Livonia. Basically, we need the same type of operation at this location as we had at the other one. Mr. Walsh: Are there any questions from the Commissioners? Mr. Alanskas: Your storage beds are only six feel high? Mr. McIntosh: Yes. Mr. Alanskas: What do you store in there? Mr. McIntosh: Mulch, dirt, stone. Mr. Alanskas: Usually when you dump the mulch, if ft's over six feet high, doesn't a lot of it get blown away? Mr. McIntosh: If you notice, those are approximately 22' x 22'. That particular container would hold approximately 120 yards of mulch, and we rarely put more than 50 in there at a time. Mr. Alanskas: You store pea gravel there also? Mr. McIntosh: We store pea gravel and sand. Mr. Alanskas: Its a good looking operation. Thank you very much. 21392 Mr. Walsh: Any other questions or comments? Seeing none, is there anybody in the audience that wishes to speak for or against this petition? There is no one in the audience. I will close the public hearing and ask for a motion. On a motion by Shane, seconded by LaPine, and unanimously adopted, it was #06-79-2004 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 1, 2004, on Petition 2004-04-02-25 submitted by Clippers Landscaping requesting waiver use approval for outdoor storage of landscape supplies and equipment at a business at 13320 Stark, located on the east side of Stark Road between SchoolcraR Road and the CSX Railroad in the Northeast % of Section 28, the Planning Commission does hereby recommend to the City Council that Petition 2004-04-02-25 be approved for the following reasons: 1. That the Site Plan submitted by Clippers Landscape and Supply, dated April 30, 2004, is hereby approved and shall be adhered to; 2. That the outdoor storage of trucks, trailers, equipment and materials shall be limited to the locations shown on the approved Site Plan and shall be maintained in an orderly manner; 3. That the bulk storage bins shall be constructed in accordance with the details provided on the Site Plan, and the outdoor storage of all loose material such as mulch, stone, sand, topsoil, bark, peat and salt shall only occur within these bins; 4. That the landscaped areas shall receive needed maintenance to the satisfaction of the Inspection Department and shall thereafter be permanently maintained in a healthy condition; 5. That there shall be no outdoor storage of inoperable equipment, scrap material, debris or other similar items generated by the subject use; 6. Thatthe following issues as outlined in the correspondence dated May 10, 2004, from the Inspection Department shall be resolved to that department's satisfaction: 21393 • A pipe frame for an indeterminate use in the front yard, either in or close to the right-of-way, shall be removed; • The salt storage area must be constructed to meet MDEQ standards and is reviewed as uncovered or open; • All existing structures, sheds and hoppers, outside of the main building, numbering 4, shall be demolished and removed as per site plan; • The parking lot shall receive maintenance, repair, resealing and double striping of required parking; accessible parking nearest the building entry shall be signed and marked; • The grade elevation differential between this site and the north abutting properly will need to be addressed by the petitioner; and 7. That the plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the building permits are applied for. Subject to the preceding conditions, this petition is approved for the following reasons: 1. That the proposed use is in compliance with all of the special and general waiver use standards and requirements as set forth in Sections 16.11 and 19.06 of the Zoning Ordinance #543; 2. Thatthe subject property 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. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. 21394 ITEM #7 PETITION 2003-11-06-08 OFF-STREET PARKING Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2003- 11-06-08 submitted by the City Planning Commission, pursuant to Council Resolutions #594-03 and #178-04, and pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 2.08 of Article 11, Section 10.03 of Article X, Section 11.03 of Article XI, and Sections 18.37 and 18.38 of Article XVIII, of Ordinance #543, as amended, to change the off- street parking requirements for certain retail and office uses. Mr. Walsh: Mr. Taormina, this is a housekeeping matter? Mr. Taormina: Yes. I will describe that briefly. The City Council, after having held a public hearing on this item March 31, 2004, referred it back to the Planning Commission in order to give proper public notice. The description on the original public notice made reference only to Section 18.38. Subsequenllo the notice being published, the Planning Commission expanded the scope of the parking amendments to include Sections 2.08, 10.03, 11.03, and 18.37. With only one exception, the proposed language amendments are identical to the draft that was approved by the Planning Commission on February 24, 2004. Al the pre - hearing meeting of June 1, 2004, the staff was directed to revise the off-street parking schedule in order to establish a separate parking standard for food establishments that include outside seating. Currently, the parking standard that applies to interior dining areas, which is one parking space for each two customer sealing spaces, is the same standard used in the calculation of parking for outdoor dining areas. The general sense is that because outdoor dining is seasonal and does not typically draw customers in equal proportion to that of indoor dining, the parking standard can be relaxed. As such, the revised language of Section 18.38(17) has been modified to require one parking space for each three outside patio seating spaces. That is the extent of the changes to this draft as compared to the draft that was previously approved by the Planning Commission. Mr. Walsh: Thank you. Is there any discussion? There is no one present in the audience. I will now close the public hearing and ask for a motion. 21395 On a motion by Piercecchi, seconded by Alanskas, and unanimously adopted, it was #06-80-2004 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 1, 2004, on Petition 2003-11-06-08 submitted by the City Planning Commission, pursuant to Council Resolutions #594-03 and #178-04, and pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 2.08 of Article II, Section 10.03 of Article X, Section 11.03 of Article XI, and Sections 18.37 and 18.38 of Article XVIII, of Ordinance #543, as amended, to change the off-street parking requirements for certain retail and office uses, the Planning Commission does hereby recommend to the City Council that Petition 2003-11-06- 08 be approved for the following reasons: 1. That the proposed language amendment will give the Planning Commission and City Council greater flexibility in the review of site plans by allowing surplus parking spaces to be landbanked under certain conditions, which will increase the amount of green space, reduce runoff, and provide additional buffering opportunities; 2. That the proposed new parking standards will reduce the degree of nonconformity as it relates to the number of required parking spaces that presently exist at several shopping centers and medical office buildings throughout the city; 3. That the proposed language amendment provides new parking standards for certain commercial uses that are more closely related to the actual demand for parking; and 4. That the proposed new parking standards will result in more efficient land use practices. 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. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. 21396 YY=11i FI -MMU =kIkI[a]C FIQrLSL1SQ>]9➢—a1 i4[IR]=11i IAC Y■UA9[a]*: Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2004- 04-06-01 submitted bythe City Planning Commission, pursuant to Council Resolution #172-04, and pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 18.59 of Article XVIII of Ordinance #543, as amended, to allow mechanical amusement devices in restaurants. Mr. Taormina: This proposed language amendment, if approved, would allow for mechanical amusement devices in full service restaurants regardless of whether or notthey operate Class C liquor license. This stems from a recent Zoning Board of Appeals case involving a request by McDonald's Corporation to maintain 11 mechanical amusement devises within its Ann Arbor Road restaurant. The ZBA approved the request and asked the Law Department to provide a memorandum to the City Council asking them to review Section 18.59(a) of the Zoning Ordinance for inclusion of restaurants to allow them to have mechanical amusement devices with a waiver use. Section 18.59, which was adopted by the City Council in 1982, regulates the use of mechanical amusement devices. Mechanical amusement devices, as defined in Section 2.10, are permitted as accessory uses to the following principle uses: bowling alleys, billiard parlors and poolrooms, racquetball and handball courts, tennis courts, swimming pools, skating rinks, dance halls, private clubs and lodges, meeting halls, theaters, hotels, motels, Class C liquor licensed establishments, and colleges and universities. Moreover, the number of mechanical amusement devises that are allowed in each type of establishment is restricted, based on either the floor area, the number of guest rooms in the case of hotels and motels, the number of customer seals in Class C establishments, or the number of students. The concern of the ZBA is that there is an apparent disparity in the law at it relates to the treatment of restaurants: those that sell alcohol are allowed to have mechanical amusement devises, while those that don't are not permitted to have them. The proposed language amendment would simply include full service restaurants under Section 18.59(a)(3). The number of mechanical amusement devices permitted in any single establishment would be limited to one for every 30 seals, provided, however, that in any event no more than a total of eight such devices shall be allowed on any premises. Mr. Walsh: Any discussion or questions? 21397 Mr. Piercecchi: I'd like to make a comment on that. We only had one incident in reference to these amusement devices, and that was McDonald's. Because of this single incident, I find no compelling reason to immediately respond to this petition. What I did discover in my review of said section were areas in need of additional detail and clarity. I would like this board to consider tabling this issue for study. There are spacing requirements. If you're going to put these things all over the place, I think there should be some allowances for those that house them in separate areas. Also, we're talking about diners here. How about the distance of these mechanical devices to a diner? You can't have it two or three feel away. I think we have to get more clarity on this. That's my opinion on this, Mr. Chairman. Mr. Walsh: Thank you, Mr. Piercecchi Mr. LaPine: I can agree with Dan to some degree, but my position is, here we have a public hearing tonight. I don't see anybody out here ranting and raving that they want these devices in their restaurants. Why should we change it? I think the ordinance is well written. In the future if we start getting a lot applications for this type of an operation, maybe we should lake a look at it then. But for right now, I don't see any overriding reason to change the ordinance. Ms. Smiley: The only one we're discriminating against are restaurants? Everybody else can have them except a restaurant that doesn't serve liquor? Mr. Taormina: Well, it was the case of the McDonald's petition that brought this issue to light. Whether or not we are treating all other similar uses equally, I don't know. There may be other things that will arise in the future that we missed. I've included the list of those principal uses that are allowed to have these devices as accessory operations. Full service restaurants are what the ZBA believed was the obvious exclusive from that list. Ms. Smiley: So the only obvious exclusion is full service restaurants? Mr. Taormina: Yes, I believe so, but again, there may be others. Maybe an argument could be made that limited service restaurants should be included in this list. We restricted the language as proposed this evening to only full service restaurants. 21398 Mr. Alanskas: My position is that even though you can only have one device per30 seats, I think, like anyfaslfood chain, like a MacDonald's or Subway or Hardy's or whatever it is, a lot of kids go in there without their parents. If they have a game to play, even though you only had one, two or three, you could start having a loitering problem with kids just playing games there and not eating, so I think its a bad thing to start. This may be an absurd comment, but maybe down the road people will say, let's put slot machines in gas stations and Tel's put them restaurants. You let young kids play video games, why can't you have a slot machine? I think its a bad idea. Thank you. Mr. Shane: Maybe I'm getting old, I don't know, but I agree with Mr. Alanskas. I dont see any overwhelming reason for these video games. I don't have young kids, so maybe I'm coming from the wrong direction. I dont see the point. Mr. Morrow: I just want to make sure I'm following this correctly. In the McDonald's case, was that handled as a waiver of use or were they given the use of the machines or were they precluded from that? Mr. Taormina: They were precluded, so it would have had to have been reviewed as a use variance. There are very strict standards that apply under that classification. Mr. Morrow: What was the Zoning Board's disposition? Mr. Taormina: They approved the petition. That's all I know. I dont have the case before me. Mr. Morrow : So if another restaurant of 30 seals or more wanted to use amusement devices, they could approach it in the fashion as McDonald's to see if the Zoning Board would allow that? Mr. Taormina: Well, even if they had less than 30 seats, I think they would be within their rights to petition the Zoning Board of Appeals for a use variance. Mr. Morrow: But they do have some relief if they do want to put those in? Mr. Taormina: Yes, as was demonstrated in the case of McDonald's. Mr. Morrow : That's where I was coming from. So going along with what Mr. Piercecchi's said, we're not inundated with a lot of requests for these devices. Until there is a further demand for il, I don't see 21399 Ms. Smiley: I guess I dont really object to it only because I think it will kind of police itself. I dont think Fonle's is going to put in probably 15 games this week, and maybe some of the places like McDonald's will. I don't know. A lot of young families, and that's what I'm looking at, when they go to dinner, maybe it allows the parents to have a few minutes of peace while they play for a minute or two. I dont perceive it as a problem, but I'm just one commissioner. any need to alter the ordinance at this time because they are given relief if they really need it. Mr. Piercecchi: Everybody seems to agree that there's no compelling reason to make changes. Mr. Morrow, if you read 18.59, it doesn't really tell you that much. It needs to be expanded and clarified. Like I said, spacing, and putting them in separate areas which are enclosed. You've got a whole different ball game if you enclose them than if you have them amongst the diners. I think we can table this thing and really look at it at our convenience. We all agree there's no panic on this. We've got time to do it and it won't hurl for us to do it up and look it all over because down the road, we may need it and this way we will be prepared. Mr. Morrow: Where I was coming from with this particular petition, I don't find fault with what you're saying, but that would be handled if it ever came forward again. Mr. Piercecchi: The thing is, if a motion to table is put out, then we will look at it. If we just defeat this one here, we may never bring it back for another good look. Ms. Smiley: My question is for Mark. Was it the Law Department that asked us to take a look at this? Mr. Walsh: The ZBA. Mr. Taormina: Through the Zoning Board of Appeals. Mr. Walsh: They made a recommendation. Mr. Taormina: Yes. Ms. Smiley: So they recommended that we take a took at it now? Mr. Taormina: Correct. Ms. Smiley: I guess I dont really object to it only because I think it will kind of police itself. I dont think Fonle's is going to put in probably 15 games this week, and maybe some of the places like McDonald's will. I don't know. A lot of young families, and that's what I'm looking at, when they go to dinner, maybe it allows the parents to have a few minutes of peace while they play for a minute or two. I dont perceive it as a problem, but I'm just one commissioner. 21400 Mr. LaPine: I agree with Mr. Shane. I didn't want to bring it up at the time I was making my presentation. but I'm older. When I go out to dinner at a nice restaurant with my friends and two or three couples, and we sit down, I'm not there to play games. I'm not there to see kids running around playing games in a restaurant. I'm there to eat a meal. Now, if you want to say these can go in fast food restaurants, a McDonald's, a Wendy's and places like that, where I personally don't go, that's one thing. But in a full service restaurant, I just don't think its needed. I think it would be fine if we deny this. If we want to do like Mr. Piercecchi says, look at the ordinance overall and have an idea in our heads what we want to do the future if we start getting a lot of requests; up to this point we haven't had all those requests. So I don't think the panic is here at this point. Mr. Walsh: Its the absence of panic that resulted in my seeing value in the ZBA's suggestion that we consider this along with others, but Mr. Morrow is correct. They do have relief through the ZBA if they wish to pursue that. So, unless there are other discussions, I will seek a motion. On a motion by LaPine, seconded by Alanskas, and adopted, it was #06-81-2004 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 1, 2004, on Petition 2004-04-06-01 submitted by the City Planning Commission, pursuant to Council Resolution #172-04, and pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 18.59 of Article XVIII of Ordinance #543, as amended, to allow mechanical amusement devices in restaurants, the Planning Commission does here recommend that Petition 2004-04-06-01 be denied for the following reasons: 1. That the proposed Zoning Ordinance language amendment is not needed to accommodate the subject use in the City; 2. That the Zoning Ordinance currently contains sufficient language to adequately provide for the subject use in proper locations; and 3. There is no compelling reason to amend the Zoning Ordinance to allow for the subject use. 21401 FURTHER RESOLVED, that notice of the above hearing was given in accordance with the provisions of Section 23.05 of Zoning Ordinance #543, as amended. A roll call vole on the foregoing resolution resulted in the following: AYES: La Pine, Alanskas, Shane, Piercecchi, Morrow NAYES: Smiley, Walsh ABSTAIN: None ABSENT: None Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. ITEM #9 PETITION 2004-04-06-02 LAND DIVISION ACT Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2004- 04-06-02 0040406-02 submitted by the City Planning Commission, pursuant to Council Resolution #175-04, and pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 18.46 of Article XVIII in order to conform to both City practice and the Slate of Michigan Land Division Act. Mr. Walsh: Mr. Taormina, if you could give us some background. Mr. Taormina: This proposed amendment to Section 18.46 of the Zoning Ordinance pertains to the division or partitioning of lots. This petition follows the recently enacted changes to Chapter 16.32 in which the City Council established new standards for the division or partitioning of lots, including the division or partitioning into one or more nonconforming parts. One of the effects of this proposed language amendment is to give the Council the authority to approve lot splits that result in certain deficiencies such as lot width and lot area. Such exceptions can only be granted in which no less than five Council members concur. Any "unwaived" deficiencies (i.e., building setbacks) would still require the approval of the Zoning Board of Appeals. Otherwise, the action of the Council would be final. Mr. Walsh: Thank you, Mr. Taormina. Is there any discussion on this item? Hearing none, I will seek a motion. 21402 On a motion by Alanskas, seconded by Shane, and unanimously adopted, it was #06-82-2004 RESOLVED, that pursuant to a Public Hearing having been held by the City Planning Commission on June 1, 2004, on Pefilion 2004-04-06-02 submitted by the City Planning Commission, pursuant to Council Resolution #175-04, and pursuant to Section 23.01(a) of Ordinance #543, the Zoning Ordinance of the City of Livonia, as amended, to determine whether or not to amend Section 18.46 of Article XVIII in order to conform to both City practice and the Slate of Michigan Land Division Act, the Planning Commission does here recommend that Petition 2004-04-06-02 be approved for the following reasons: 1. That the proposed language amendment will provide consistency in the lot split review process between Section 18.46 of the Zoning Ordinance and Chapter 16.32 of the Code of Ordinances; 2. That the proposed language amendment will grant the City Council the authority to approve lot splits which result in zoning nonconfonnifies; and 3. That the proposed language amendment contains appropriate standards and requirements to provide for sufficient control over the division and partitioning of land in the City. 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. Walsh, Chairman, declared the motion is carried and the foregoing resolu0on adopted. It will go on to City Council with an approving resolution. ITEM #14 APPROVAL OF MINUTES 884th Public Hearings & Regular Meeting Mr. Walsh, Chairman, announced the next item on the agenda, Approval ofthe Minutes oflhe 884th Public Hearings and Regular Meeting held on Tuesday, May 4, 2004. 21403 On a motion by Shane, seconded by Alan skasi, and unanimously adopted, it was #06-83-2004 RESOLVED, that the Minutes of 884th Public Hearings and Regular Meeting held bythe Planning Commission on Tuesday, May 4, 2004, are hereby approved. A roll call vole on the foregoing resolution resulted in the following: AYES: Shane, Alanskas, La Pine, Piercecchi, Morrow, Smiley, Walsh NAYS: None ABSENT: None ABSTAIN: None Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 886th Public Hearings and Regular Meeting held on June 1, 2004, was adjourned at 10:00 p.m. CIN PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: John Walsh, Chairman