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HomeMy WebLinkAboutPLANNING MINUTES 2005-06-2822362 MINUTES OF THE 908"' REGULAR MEETING HELD BY THE CITY PLANNING COMMISSION OF THE CITY OF LIVONIA On Tuesday, June 28, 2005, the City Planning Commission of the City of Livonia held its 908" 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 �G Messrs. Mark Taormina, Planning Director; AI Nowak, Planner IV; and Scott Miller, Planner III; were also present. Chairman Walsh informed the audience that if a petition on tonighfs agenda involves a rezoning request, this Commission makes a recommendation to the City Council who, in turn, will hold its own public hearing and make the final determination as to whether a petition is approved or denied. The Planning Commission holds the only public hearing on a request for preliminary plat and/or vacating petition. The Commission's recommendation is forwarded to the City Council for the final determination as to whether a plat is accepted or rejected. If a petition requesting a waiver of use or site plan approval is denied tonight, the petitioner has ten days in which to appeal the decision, in writing, to the City Council. Resolutions adopted by the City Planning Commission become effective seven (7) days after the date of adoption. The Planning Commission and tie 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 2005-06-0842 BRIGHTHOUSE Ms. Smiley, Secretary, announced the first item on the agenda, Petition 2005-06- 08-12, submitted by The Summit Company, on behalf of Brighthouse Networks, requesting approval of all plans required by Section 18.47 of the Zoning Ordinance in connection with a proposal to construct an addition to the office building located at 14525 Farmington Road in the Northeast%of Section 21. 22363 Mr. Miller: The pefifioner is requesting approval to construct a small addition to the office building located on the west side of Farmington Road between Lyndon Road and Five Mile Road. Brlghthouse Network, formerly known as Time Warner Cable, is the cable provider for the City of Livonia. Immediately to the west of this properly is the senior living community known as Silver Village. Adjacent and to the southwest of this property is an office building occupied by a law firm. The proposed addition would be constructed to the west (rear) elevation of the existing building. The addition would be 1,276 square feel in size and would be used to house computer equipment. The exisfing building is 21,443 square feet in area. If approved, the size of the office building would be increased to a total of 22,719 square feet. To make room for the proposed add -0n, the site's existing trash dumpster enclosure would have to be relocated to the west, where there is presently a row of parking spaces. Three of those existing parking spaces would have to be removed. Required parking for this site is 91 spaces; 230 spaces are available. Part of the reason for the abundance of parking is to accommodate the Brlghlhouse fleet of maintenance vehides. The rear area where the proposed addifion is to be constructed has an exisfing prolective wall along the south property line where it abuts the law office building. The architecture and building materials of the proposed addifion would match that of the existing office building. All three sides of the addition would be constructed enfirely out of brick, with the same configurafion of soldier coarse along the bottom, middle and top sections of the walls. Once completed, the existing building and the addition should blend in and appear as if it were constructed at the same time. Mr. Walsh: Is there any correspondence? Mr. Taormina: There are four items of correspondence. The first item is from the Engineering Division, dated June 13, 2005, which reads as follows: "Pursuant to your request, the Engineering Division has reviewed the above -referenced petition. We have no objections to the proposal at this time and the legal description is correct. No additional right -0f -way is required." The letter is signed by Robert J. Schron, P.E., City Engineer. The second letter is from the Livonia Fire & Rescue Division, dated June 8, 2005, which reads as follows: "This office has reviewed the site plan submitted in connection with a request to construct an addition to the office building located at the above -referenced address. We have no objections to this proposal." The letter is signed by Andrew C. Walker, Fire Marshal. The third letter is from the 22364 Inspection Department, dated June 21, 2005, which reads as follows: "Pursuant to your request of June 3, 2005, the above - referenced petition has been reviewe d. The following is noted. (1) The parking lot double striping has wom off completely in the areas near the customer entry east of the building. (2) A minimum total of seven properly sized barrier free accessible parking spaces with adjacent access aisles must be provided with proper markings and signage. One of these must be van accessible. The spaces are to be located closest to the accessible entrance(s). This Department has no further objections to this petition." The letter is signed by Alex Bishop, Assistant Director of Inspection. The final dem of correspondence is from the Livonia Housing Commission, dated June 23, 2005, which reads as follows: 'The Livonia Housing Commission has been requested to comment on the petition by Bright House Cable to construct an addition to the existing office building located at the comer of Farmington Road and Lyndon Avenue. The Bright House building is adjacent to the City of Livonia's Silver Village senior citizen housing community. The proposed addition on the west side of the building would place the new construction closer to the Village and the buildings refuse collector within 15' of the Silver Village property line. The Housing Commission has analyzed the petition and discussed the matter of site separation with the residents located in buildings #1 through 3 especially as it relates to adequate screening between the two facilities. The Housing Commission supports the construction of a 6' brick wall along the property line. The construction materials should match the existing wall separating the legal offices from Bright House Cable. The Housing Commission has no other concerns relative to the construction of the building addition." The letter is signed by James Inglis, Director of the Livonia Housing Commission. That is the extent of the correspondence. Mr. Walsh: Are there any questions from the Commissioners for the staff? Mr. Morrow: Just a couple of minor pants. I'm assuming the new building is going to have the entrance and exit within he existing building? There will be no other doors on any other walls? Did I hear Mr. Miller say that the three parking spots that exist in that area are going to be deleted? Mr. Miller: That's correct. Mr. Morrow: Is that reflected in the parking provided? 22365 Mr. Miller: Yes. Mr. Morrow: The 230? Mr. Miller: Yes. Mr. Walsh: Is the petitioner here this evening? Louis Phillips, Louis T. Phillips, Inc., 1348 East Indian Mound, Bloomfield Hills, Michigan 48301. I'm the architect on this particular project. Jerry Bell, The Summit Company, 13191 Wayne Road, Livonia, Michigan 48150. Mr. Walsh: Is there anything you'd like to add to the presentation thus far? Mr. Bell : We were curious on the screen wall ... the length of it and the location. Did they want the entire property line covered? Mr. Miller: I think what they're talking about is this property line right along here. Mr. Bell : Right, which is heavily treed. Is that the norllrsouth line? Mr. Miller: Yes, just that nortlrsouth line. Mr. Bell : Okay. Sixfool high. Mr. Walsh: Are there any questions from the Commissioners? Mr. La Pine: Maybe you can't answer this but I'm just curious. You know where you have the big satellite dishes in the back? Now with technology changing, will those dishes be there forever? I know the residents don't like the idea of the dumpster where it is. If those satellite dishes were ever eliminated, the dumpster could be moved back. Mr. Bell : There would be no access to it then. Mr. Phillips: It would be very difficult for the garbage truck to pull in and turn around. Mr. La Pine: Okay. I just thought that might be a solution. I think that was their biggest concern. How often is that dumpster emptied? 22366 Mr. Bell: I dont know. It's only a six yard, eight yard dampsler. Probably two or three limes a week, I would imagine. That's the only dumpster on site. Mr. LaPine: I assume from the comment you made asking about the brick wall that Brighthouse has agreed now to put up the wall. Is that correct? Mr. Bell We never received a letter on the brick wall. That was the one letter we didn't receive. So we're going to have to go back to them and get them to approve that before we proceed with the peril. We're not going to do anything unless they approve that extra work. Mr. Shane: That area is quite heavily treed if I recall. Mr. Bell Yes. Mr.Shane: So that if you... Mr. Bell We'd lose the trees most likely to putthatwall in. Mr. Shane: That was what I was getting at. Mr. Bell It might be a landscape barrier. Mr. Shane: There is a decorative fence that occurs next to the northerly parking lot on the east -west direction on the bottom picture there. Would it be possible to construct something of that sort? Mr. Bell Next to the parking lot, you mean? Mr. Shane: No, in the area that we're talking about. A fence like that as opposed to a masonry wall where you wouldn't need footings and whatnot. That's another option I would think. Mr. Phillips: Could we pull it away from the property line so that we don't proceed to cut any trees down, just move @ back five feet toward our side? Mr. Shane: I think something like that or additional landscaping because I'm afraid that the wall, as you said, is going to take a lot of trees down and then we would have accomplished nothing really. 22367 Mr. Bell: And they're pretty mature trees, too. I hate to see trees go when you can save them. Maybe add some more trees in that area too to help. Mr.Shane: Just some food for thought. Mr. Morrow: Just a comment as we're on this subject is I wouldn't like to see trees lost. I like the fact that all the parking has now been removed back there, which will mitigate a lot of the noise to the residents. If a satisfactory alternate fence could be established, I woukl be in favor of that to help screen it from the residents. But by the same token, it might mitigate some of the noise that comes from the site. The only thing now would be the dumpster, and I'm sure we'll regulate the hours of pickup so they don't confli ct with the sleeping hours. Mr. Alanskas: On the dumpster, you have here on your notes that you're going to have brick on both sides of the wall of the enclosure, but what about that back wall? Mr. Bell No, on the three sides. Mr. Alanskas: All three sides. Because it says two sides. Mr. Bell No three sides. Mr. Alanskas: It will be three sides. Okay. Thank you. Ms. Smiley: Can we go back to that one picture. That's what the people from Silver Village see? Mr. Phillips: Yes. Mr. Bell That truck there is probably about the location of the dumpster. Mr. Phillips: Those three cars are going to be avoided and that's where the dumpster is going to be. Mr. Bell The dumpster is basically part screening also. Mr. Phillips: The dumpster is right infront ofthat truck. Mr. Bell It will be. Mr. Phillips: Originally, now, but itwill be in thattruck location. 22368 Ms. Smiley: I would think that what the Housing people were talking about is probably the noise and that's not very pretty. The trees that you're talking about, those don't look too healthy. Maybe that bottom one is not a good picture. Mr. Bell The branches just died off down low. Ms. Smiley: But the rest of the tree is all right? Mr. Bell Seems to be. Ms. Smiley: Its not one of those lovely Ash trees that I have? Mr. Bell No, its an evergreen, I think. Ms. Smiley: So you were talking about putting up more of a decomtive fence. Does that work much for the noise barrier or not? Mr.Shane: My idea was to do that and/or additional landscaping. Ms. Smiley: The fence plus additional landscaping. Mr.Shane: Yes. Ms. Smiley: The decorative one plus additional landscaping instead of a six foot brick wall. Mr. Shane: Yes, ifthere's room for additional landscaping. Mr. Pieroecchi: I don't know why we're discussing different types of fencing here. I mean, I guess everything is on the table. But the Housing Commission here has requested the six foot brick wall along that property line. In study, we thought that was a pretty good idea. In fad, we wanted our staff to look into it to make sure we were on the right road. I think that we should comply, really, with the six fool brick wall along the property line, and the motion that we asked the staff to put together, number 8, specifies a six foot wall similar in appearance to the one along the south property line, and that makes sense as the same type of material in the wall. It seems to me that's a better match. Although I do like plastic fencing, but in this case, I don't think we should change the materials in regard to screening. Mr. Morrow: I agree with Mr. Piercecchi 100 percent with one exception Was the Housing Commission aware of the trees, the loss of trees? Were they aware of that when they made that decision? 22369 The reason I ask, I want to make they sure they understood that if we approved the wall, and subsequently by Council, that they are aware that the pine trees might be removed. Mr. Taormina: Maybe to resolve this issue, we could specify the brick wall, but in lieu of a brick wall, if its determined to be acceptable by the Housing Commission, due to the potential loss of those trees, that a six fool high obscuring vinyl dad fence could be substituted for the masonry wall. This way it provides the visual screen that the brick would provide but it would require much less disruption to the area. Mr. La Pine: When I looked at this site, and I'm not sure where Brighthouse's property ends and where Silver Village begin, but it seems to me, most of the trees were on the Silver Village property. The brick wall would be basically on the property line but you could bring it in a little so it's all built on your property; therefore the trees may not have to be eliminated, or only part of the trees may need to be eliminated. Is that possible? Mr. Phillips: Sure. Mr. Bell With evergreens though, they spread out; they don't have cap roots, so it depends on how big they gel the farther out the roots go. So even if you're 8 - 10 feel away from them, you might be damaging trees on the adjacent properly. Mr. LaPine: I guess I kind of agree with Mr. Pieroecchi. The Housing Commission looked at this. Mr. Inglis, who is out there all the time inspecting buildings, he knows where those trees are. He signed this letter so I have to assume he agrees the wall is more important than the trees. If the trees are going to have to go, that I do not know because like I say, I couldn't tell exactly where the property line is. Mr. Pieroecchi: I do care about trees but if we're so concerned about the trees, why cant we stipulate that any trees that are lost in this process be replaced? Will that solve the problem? Mr. Walsh: Well, they may be on the Silver Village properly. Mr. Pieroecchi: I dont think they are. We've got a solution looking for a problem here. Mr. Walsh: Mr. Shane may have a point. 22370 Mr. Shane: The only problem I have with that is, it's going to lake a while to replace those trees. These are mature trees. Sure you can replace them, but theyre not going to look like they do now. I like Mr. Taormina's suggestion that if the Housing Commission understands the problem of losing trees and that doesn't bother them, then they'll probably stick with their original letter. But if it does, then they may agree with Mr. Taormina and put a different kind of a banner there. That would be my position. Mr. Phillips: Can we meet with the Housing Commission out at the site and go over it? Mr. Walsh: Assuming this moves forwards, if Mr. Taormina's suggestion is accepted by the majority of the Planning Commissioners, you would have the opportunity to do so. Mr. Phillips: It's easier if they go out and look at it. We can explain to them. We put it on the property, some trees may be gone or they may not be there, you know. Or we can put a decorative fence or we can add more shrubbery or whatever, and then we can go along with that program too. Mr. Walsh: Is there anybody in the audience that wishes to speak for or against this petition? William Roskelly, 33177 Schoolcratt, Livonia, Michigan 48150. The only item I would like to address is somebody suggested that perhaps the wall be placed off of the property line. When you get in an adverse position and all these things of occupancy, I would say that should not even be a consideration. It either is one the property or not at all. You're almost limiting the use of the land if you move it in and you would lose title, went to sell it, you'd have an encroachment. Thank you. Mr. Walsh: Thank you. Unless there are additional comments, which certainly can be made, or questions to be asked, a motion would be in order. On a motion by Pieroecchi, seconded by Shane, and unanimously adopted, it was #06-68-2005 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2005-06-08-12, submitted by The Summit Company, on behalf of Brighthouse Networks, requesting approval of all plans required by Section 18.47 of the Zoning Ordinance in connection with a proposal to 22371 construct an addifion to the office building located at 14525 Farmington Road in the Northeast''/.of Section 21, be approved subject to the following conditions: 1. That the Site Plan marked Sheet 1 dated June 1, 2005, prepared by Louis T. Phillips, Inc., is hereby approved and shall be adhered to; 2. That all disturbed lawn areas shall be sodded in lieu of hydroseeding; 3. That the Extenor Building Elevation Plan marked Sheet 2 dated June 1, 2005, prepared by Louis T. Phillips, Inc., is hereby approved and shall be adhered to; 4. That the back used in the construction shall be full -face 4 inch brick; 5. That all rooftop mechanical equipment shall be concealed from public view on all sides by screening that shall be of a compatible character, material and color to other exterior materials on the building; 6. That the three walls of the trash dumpster area shall be constructed out of the same brick used in the construction of the building or in the event a poured wall is substituted, the wall's design, texture and color shall match that of the building and the enclosure gates shall be maintained and when not in use closed at all times; 7. That the emptying of the trash dumpster(s) for this site shall be limited between the hours of 9:00 a.m. and 6:00 p.m., Monday though Friday; 8. That a six (6) fool high back prolective wall, similar in appearance to the one along the south property line, shall be erected along the section of the west property line immediately adjacent to the approved addition; however, if R is determined that a masonry wall would result in the likely destruction of the existing trees in the area, that a six (6) foot high vinyl obscuring fence may be used in lieu of the wall subject to the approval of the Housing Commission and Inspection Department; 22372 9. That the petitioner shall correct to the Inspection Department's satisfaction the items outlined in the correspondence dated June 21, 2005; 10. That no signs, either freestanding or wall mounted, are approved with this petition; 11. That no LED lighlband or exposed neon shall be permitted on this site inducing, but not limited to, the building or around the windows; and 12. That the specific plans referenced in this approving resolution shall be submitted to the Inspection Department at the time the buikling permits are applied for. Mr. Walsh: Is there support? Mr. Shane: I'll support that with a change to Item #8 whereby we approve either a prolective wall or another type of fencing, providing the Housing Commission goes along with it or whatever the language was that Mark suggested. You know what I'm saying? I'd like to give them some opportunity. Mr. Pieroecchi: Yes, I understand that, but to me, it is meaningless because we got the letter from the Housing Commission requesting a six fool brick wall. Mr. Shane: I understand, but I'm not sure they really understand the ramifications of that wall. So I would like to give them another chance to look at it, with language similar to what Mark said a little while ago. Mark, can you give us the language the way you stated it? Mr. Pieroecchi: I'll accept that but ... so be it. It you want to leave it up to the people that really are going to be affected, I guess I can find no fault with that, but I was under the impression that it was kind of cast in cement that they wanted a brick wall. Mr. Walsh: Then Mr. Piercecchi, would you be willing to amend the resolution? Mr. Pieroecchi: Yes. Mr. Walsh: So Item #8 would stand as is with the addition of language reflecting the ability for the petitioner to meet with the Housing 22373 Commission and derive a different solution. That would be the amendment. Mr. Pieroecchi: If they wish a different solution. Mr. Walsh: Yes. Right. Mr. Pieroecchi: Okay. Mr. Shane: Dan, if theyre adamant about the prolective wall, I won't have any problem with it. Mr. Pieroecchi: After all, they are the ones that are affected by it. Mr. Walsh: So we have that motion on the floor, with a second by Mr. Shane. Mr. Morrow: I have one comment, Mr. Chairman. Like I said earlier, I jrst want to make sure, because you know Jim is a tremendous Housing Commissioner, but I'm not sure how much he knows about landscaping and saving trees. So the wall can be in there without losing the trees, but he should be aware that tentatively that could happen and get his reaction tothat. Mr. Alanskas: I just think that Mr. Inglis wants to make sure that there's less noise. That's probably why he wants to put the wall in, but if like Mr. Shane says, if they go out there and see that there could be a lot of trees taken down, and with the wall and no trees, you would have more noise. I'm sure the Housing Department would go along with just putting in a fence and more landscaping. 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. ITEM #2 2006-2077 CAPITAL IMPROVEMENTS PROGRAM Ms. Smiley, Secretary, announced the next item on the agenda, Capital Improvements Programs foryeam 2006-2011. Mr. Taormina: The Planning Commission is charged with the responsibility of preparing and adopting a Capital Improvements Plan. This document serves primarily as a financial planning tool. It provides a list of each City Department's anticipated capital 22374 expenditures over a six-year period and identifies the estimated cost as well as potential funding sources for each project. The Capital Improvements Plan can be used to assist the Mayor and City Council in the annual preparation and approval of the budget. And by projecting the City's capital expenditure needs for the ensuing six year period, it can serve as an effective planning tool to help prioritize and coordinate projects, as well as determine our future funding capacity and the likely impacts that will occur if critical projects confinue to be put on hold. The Capital Improvements Plan outlines a schedule of public service expenditures through the year 2011. It includes both smaller recurring capital expenditures, such as computer hardware, vehicles and equipment, as well as large, physical improvements that are more permanent in nature, such as the construction of new public buildings and infrastructure. Preparation of the Capital Improvements Plan is done under the authority of the Municipal panning Commission Act (PA 285 of 1931). It serves as a tool for implementing the Master Plan in the sense that it provides a mid-range planning document for improvements such as major road construction, sewer and water line construcfion and maintenance, park and open space improvements, improvements to police and fire facilities, City building improvements and continued improvements to the Greenmead Historical Village. We hope to have the Planning Commission approve the Capital Improvements Plan so that it may be transmitted in its final form to the Mayor and Council. Mr. Walsh: Are there any questions for the staff regarding this document? Mr. LaPine: I went through this thing and I admit I didn't go page by page, word for word. The more I got into it the more confused I got. To be honest, I dont know what I'm approving here. Half of the sluff I looked at, 90 percent I'll never see come to pass, I believe. As far as I'm concerned, let's pass it on to whomever we have to pass it on to, and hope and pray that some of these things get done. The only way they're going to get done is if we have a big pile of money come from heaven and drop at our feet, otherwise half of these things are never, never going to be done. Thank you, Mr. Chairman. Mr. Walsh: Mr. Taormina, I was going to mention that I thought it was a well done document. There's certainly much in that document that this body would not have reason to know or pass on. It's a much more comprehensive document that I'm certain the Council will look at, but for those items that we are interested in, I thought you did a fine job. Just based on some of the 22375 knowledge I have from my prior service on the Council, I think this is probably the most comprehensive document I have seen in the service to the City that I've had. It covers everything. And Mr. La Pine is right. It's going to be expensive and some things may or may not come to pass, but if we don't plan for them, they certainly will never come to pass. So my compliments to your Department for putting this together. Mr. Taormina: Thankyou. Mr. Walsh: Any additional comments? Mr. Alanskas: Just to go a little further, I think that the Mayor and all our departments did a great job because, like Mr. La Pine says, half the things on that document is a wish list and if the City can afford to do those things, we certainly will to make this City better, but a job well done. Thank you. On a motion by Shane, seconded by Alanskas, and unanimously adopted, it was resolved that #06-69-2005 WHEREAS, pursuant to stale law, the City Planning Commission is responsible for the preparation of a Capital Improvements Program for the ensuing six years; and WHEREAS, the 2006 - 2011 Capital Improvements Program, prepared through a joint effort of several City departments, has been submitted to the City Planning Commission for consideration; and WHEREAS, a duly -noticed City Planning Commission public meeting was held on June 28, 2005; and WHEREAS, the Capital Improvements Program presents a realistic program to aid in the determination of a complete fiscal planning strategy for the City of Livonia; and WHEREAS, the City Planning Commission stands ready to do all things necessary to cooperate with the Mayor and City Council in maintaining a functioning program of capital improvements and capital budgeting for the City of Livonia; therefore BE IT RESOLVED that the City Planning Commission hereby adopts the 2006 - 2011 Capital Improvements Program; and BE IT RESOLVED that the City Planning Commission recommends the City Council adopt this Capital Improvements Program and use it as a guide to funding priority capital projects with the program. 22376 Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. This concludes the Miscellaneous Site Plan section of our agenda. We will now proceed with the Pending Item section of our agenda. These items have been discussed at length in prior meetings; therefore, there will only be limited discussion tonight. Audience participation will require unanimous consent from the Commission. Will the Secretary please read the next item? Y1=lAi Eiir19=k iYOle] 7 W1111arkEQ--ErS-N=kfill 191Ly=[� Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2005- 03-06-01, 00503-06-01, submitted by the City Planning Commission, pursuant to Council Resolution #137-05, 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 11.03(p) of Article XI of Zoning Ordinance #543, as amended, to give the Planning Commission and City Council additional authority to regulate new retail uses in excess of 30,000 square feet. On a motion by Piercecchi, seconded by Smiley, and unanimously adopted, It was #06-70-2005 RESOLVED, that the City Planning Commission does hereby recommend that Petition 200503-06-01, submitted by the City Planning Commission, pursuant to Council Resolution #137-05, 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 11.03(p) of Article XI of Zoning Ordinance #543, as amended, to give the Planning Commission and City Council additional authority to regulate new retail uses in excess of 30,000 square feet, be removed from the tabled. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. Is there anything to add, Mr. Taormina? Mr. Taormina: Other than the fad that we've prepared the requested resolution, no. Mr. Walsh: Are there any questions or comments from the Planning Commissioners? 22377 Mr. Morrow: One of the things that I had said prior to tabling, was the staff able to uncover any other community that had anything approaching this ordinance or change to the ordinance? Mr. Taormina: We did attempt to find other communities with a similar type of language in their ordinances. We could not find any. Mr. Morrow: So we will have no benefit of their experience one way a the other? Mr. Taormina: That's correct Mr. La Pine: I've read this thing over a couple times now, and I've come to the conclusion that what we're doing here, I don't think is really proper. I question if it's legal, but I'm not an attorney so I have to assume the City Attorney knows what he's doing. Secondly, I question the fact we arbitrarily say a 30,000 square fool building. Why dont we use 25,000, 20,000 or 10,000 or 15, 000 or whatever? And thirdly, I think we're sending the wrong message to the community and to builders or retailers that want to move into this town, that you can come in here, but if you empty a building of certain square footage, then you have to re - rent that building before you move out. I think that's sending the wrong message. We want businesses to come in here. We want to do everything we can to encourage them, and I think this ordinance does just the opposite of what I think they hope it's going to do. Therefore, I'm willing to make the motion to deny this. On a motion by La Pine, and seconded by Shane, and unanimously adopted, 0 was #06-71-2005 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2005-03-06-01, submitted by the City Planning Commission, pursuant to Council Resolution #137-05, 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 11.03(p) of Article XI of Zoning Ordinance #543, as amended, to give the Planning Commission and City Council additional authority to regulate new retail uses in excess of 30,000 square feel, be denied forthe following reasons: 1. That the current language of Section 11.03(p) of the Zoning Ordinance provides for adequate regulation and control of retail uses in buildings in excess of 30,000 square feel of floor area; 22378 2. That it has not been established that there is a need for the proposed language amendment; and 3. That the proposed language amendment would unnecessarily reshict and impede the movement of businesses occupying large retail sales buildings in Livonia. Mr. Walsh: Is there any further discussion on the motion? Mr. Piercecchi: Mr. Chairman, I agree wholeheartedly with my colleague, Mr. La Pine. My comments from he public hearing regarding this matter still stand, and I request they be incorporated by reference into the minutes of this meeting. (The following are Mr. Piercecchi's comments from the Public Hearing held on May 20, 2005) Mr. Chairman, when 1 first read this and looked at it, 1 wrote some notes, and 1 will read them to you. It starts out saying that it is my understanding that this petition revolves around empty commercial sites and would make the relocation of an existing Livonia business to another Livonia site, which was newly constructed to accommodate said transfer, a variance item which would require public hearings and Council approval. It would limit its scope to buildings in excess of 30,000 square feet and require assurances that the move would not result in an empty building at the previous location. Frankly, 1 question the wisdom of going forward with this action, especially approving it. Tabling it perhaps for more discussion. Although 1 realize the intent of this proposal is to minimize the number of empty commercial buildings and sites, especially in regards to large buildings, it is out of character for Livonia. This legislation would target sites solely on their square footage, square footage that currently is associated in particular with big box discount outlets. Although the cause is noble since empty big boxes are the most difficult to revitalize, it is discriminatory, anti -business and contrary to the way we do business in Livonia. 1 am of the opinion this proposal will not stop movement or prevent an empty building, but will result in law suits and the business leaving Livonia to build their new facility in another city. In addition, and 1 will close with this remark, it is redundant since 11.03(p) provides adequate regulation 22379 and control of retail sale uses in excess of 30,000 square feet. Mr. Shane: I too support what Mr. La Pine says. I certainly don't want to place any more barriers on prospective building users than they already have. I just can't see the purpose of this ordinance, and I'm certainly not going to vote for it. Mr. LaPine: Do you want me to read the denying resolution or just lel it go. Mr. Walsh: We should read it into the record. Mr. Walsh, Chairman, declared the motion is canned and the foregoing resolution adopted. It will go on to City Council with a denying resolution. ITEM #4 PETITION 2001 -05 -PL -01 ROSATI Ms. Smiley, Secretary, announced the next item on the agenda, Petition 2001- 05 -PL -01, submitted by Rosati Industrial Subdivision, requesting Final Plat approval for Rosati Industrial Park proposed to be located on the west side of Stark Road between SchoolcmR Road and Plymouth Road in the South one-half of Section 28. Mr. Walsh: Mr. Taormina, do you recall if we tabled this or is this simply a pending item? Mr. Taormina: Final plats typically appear as a pending item, but the final plat was not presented previously to the Planning Commission. Mr. Walsh: Is there anything to report on this before we go to the petitioner? Mr. Taormina: The Final Plat of Rosati Industrial Subdivision, which consists of 15 lots all fronting on an easttwesl street that extends west from Stark Road and ends in a cul-de-sac, is substantially in conformance with the approved Preliminary Plat. Although the Preliminary Plat had consisted of 18 lots, the number of lots has been reduced to 15 in order to provide an area for storm water detention in the northeasterly portion of the site. This area is designated as "Rosati Park' on the Final Plat, and the notation states that 'the entire park is subject to private easement for storm water drainage and detention." In addition, there were some slight adjustments to some of the side lot lines. Other than these changes, the plan is essentially the same as the Preliminary Plat. The communication received from the Engineering Division indicates that all financial assurances 22380 required for the subject subdivision have been deposited with the City Clerk. Also, the Engineering Division has reviewed the Final Plat and is recommending approval. Mr. Walsh: Are there any questions from the Commissioners for the stair? Mr. LaPine: Mark, we're only talking about the industrial area. The R-5 that we approved, that's still pending. Is that correct? So that will come back to us eventually? Mr. Taormina: That's correct. Mr. Walsh: I know we have a couple of representatives here. Mr. Roskelly? William Roskelly, 33177 Schoolcraft, Livonia, Michigan 48150. My only comment would be that the reason for the less number of lots is over this period of the last three years, the Wayne County debacle over the storm water management program caused this tremendous delay, along with the fact that we had to take two, three less lots. Other than that, I'd be here to answer any questions. I think we accomplished everything we have to by virtue of the Plat Act. Mr. Walsh: Are there any questions from the Commissioners? Mr. LaPine: I have just one question for Mr. Roskelly. Normally, when you come here, you make long speeches. Mr. Roskelly: Well, it's a short meeting. Far be it from me to extend it. Mr. Alanskas: Now that you finally have this storm detention taken care of, you're three lots less. Will you be having the same problem with the R-5 as far as water retention? Mr. Roskelly: On the residential? Mr. Alanskas: Yes. Mr. Roskelly: That will be handled in that... Mr. Alanskas: Will you have to reduce the lot sizes there too? Mr. Roskelly: Whether it's the lot size ... we will either go underground or have an area that would be proper for the engineering and Wayne County. 22381 Mr. Alanskas: All right. Thank you. Mr. Roskelly: You're welcome. Mr. Taormina: There are two items of correspondence that should be read those into the record. I would also like to indicate that induced in your packet this evening are the Building and Use Restrictions that were requested as part of the resolution approving the Preliminary Plat. The Staff has had a chance to go over those. We find those acceptable, and they do comply with the ordinances of the M-1 District. There would be one slight change to the restrictions that we would like to see, and that would be provisions with respect to compatibility of light fixtures within the approved park. Mr. Walsh: Do you want to read the correspondence into the record, Mr. Nowak? Mr. Nowak: There are two items of correspondence. The first item is from the Engineering Division, dated May 23, 2005, which reads as follows: This office recommends Final Plat approval of the above -referenced plat. "Pursuant to Council Resolution #126- 03 dated March 26, 2003, the attached letter dated August 6, 2003, to the City Clerk, all financial assurances are now in place to complete the work required by the developer." The letter is signed by Robert J. Sdiron, P.E., City Engineer. The second item from the City Clerk's Office, dated August 7, 2003, whidi reads, "The financial assurances required for the above - referenced subdivision have been deposited with this Office and this matter may now be considered for Final Plat approval." The letter was signed by Joan McCotter, City Clerk. Those are the two items of correspondence. Mr. Walsh: Are there any additional questions or comments? Mr. Alanskas: On the loading zones, are there going to be any restricted hours for when these companies can load or unload? Mr. Taormina: That is not included in the Building and Use Restrictions. That's something that we can certainly talk with the developer about. If you can recall, the design of this plat . some of these buildings will adjoin the residential phase of the development. In those cases ... Mr. Alanskas: We're worried about noise. 22382 Mr. Taormina: You'll have an opportunity to review the site plans for those buildings that are adjacent to the residences. Mr. Afanskas: We will? Mr. Taormina: And its at that time that we can address the issue of loading, off loading, and hours of operation. I would also like to suggest, and unfortunately I haven't had a chance to discuss this with Mr. Rosati, the provision that restricts the loading areas to the side and the rear. I'm not sure if he should completely preclude front loading from the Park. So that might be an opportunity for an amendment he might want to make to the restrictions. Mr. Alanskas: But we will make sure that noise is to the minimum for the residents. Thankyou. Mr. La Pine: Mark, I just want a clarification. You talked about these lights. You want them all to be the same. Is that what you said? Mr. Taormina: Because this is an industrial park, he has the ability to control certain site elements and features. Lighting should be one of them. The same types of light standards, same height, those details I think provide consistency throughout the Park. Mr. La Pine: Are you talking about street lights, lights on the building, lights in the parking lot? Mr. Taormina: Yes, all exterior lighting for the parking and loading areas. Mr. Pieroecchi: And you want him to come back? Mr. Taormina: No, I dont think that's necessary. I just think he needs to amend the Building and Use Restrictions to include language regardinglhe Iighlstandards. Mr. Roskelly: Regarding the restrictions, normally in the City of Livonia building restrictions are not required in subdivisions. In dealing with Mr. Taormina, we agreed that because its an industrial subdivision, we encourage the idea that we would proceed and record the restrictions along with the Plat. That is normally not done in the City of Livonia, but we're more than happy to do it in this case for the protection of the owner as well as the occupant and the City. Thank you. 22383 Mr. Walsh: Are there any other questions regarding this item? There are no remaining folks in the audience, so we need not defer to them. Is there a motion? On a motion by Smiley, and seconded by LaPine, and unanimously adopted, it was #06-71-2005 RESOLVED, that the City Planning Commission does hereby recommend to the City Council that Petition 2001 -05 -PL -01 requesting Final Plat approval for Rosati Industrial Park located on the west side of Stark Road between SchoolcraR Road and Plymouth Road in the South 1/2 of Section 28, be approved for the following reasons: 1. That the Final Plat is in compliance with the Preliminary Plat; 2. That no City Department has objected to the approval of the Final Plat; 3. That all financial assurances required by the City have been deposited with the City Clerk; and 4. That the Building and Use Restrictions be revised to include general standards for all exterior light fixtures in order to provide consistency throughout the industrial subdivision. Ms. Smiley: Mark, how should the language for Item 1W read? That the Building and Use Restrictions be amended to include compatibility of lighting? Mr. Taormina: That's fine. We'll modify the language so that it's acceptable. Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. It will go on to City Council with an approving resolution. This has been a long time coming, Mr. Rosati. I wish you good luck. Mr. Roskelly: I have one more comment. If you notice your copy of the Plat shows Mrs. McCotter as secretary indicating how long this has been in the works. We will alter that and certainly apologize to Val Vanderslool. Mr. Walsh: Thankyou. 22384 ITEM#5 APPROVAL OF MINUTES 907' Regular Meeting Ms. Smiley, Secretary, announced the next item on the agenda, Approval of the Minutes ofthe 907"' Regular Meeting held on June 7, 2005. On a motion by La Pine, seconded by Shane, and adopted, ilwas #06-73-2005 RESOLVED, that the Minutes of 907" Regular Meeting held by the Planning Commission on June 7, 2005, are hereby approved. A roll call vote on the foregoing resolution resulted in the following: AYES: LaPine, Shane, Alanskas, Piercecchi, Smiley NAYS: None ABSENT: None ABSTAIN: Morrow, Walsh Mr. Walsh, Chairman, declared the motion is carried and the foregoing resolution adopted. On a motion duly made, seconded and unanimously adopted, the 908"' Regular Meeting held on June 28, 2005, was adjourned at 820 p.m. CITY PLANNING COMMISSION Carol A. Smiley, Secretary ATTEST: John Walsh, Chairman